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Agenda Packet 02.04.2014
T. ® I I COUNTY F LORI D A BOARD OF COUNTY COMMISSIONERS AGENDA ST LUCIE COUNTY BOCC Regular Meeting Tuesday, February, 4, 2014 6:00 PM St. Lucie County Commission Chambers 2300 Virginia Avenue 3rd Floor of Roger Poitras Building Fort Pierce, FL 34982 COUNTY COMMISSION MEMBERS District No. 4 Chair FRANNIE HUTCHINSON District No. 3 Vice -Chair PAULA A. LEWIS District No. 1 CHRIS DZADOVSKY District No. 2 TOD MOWERY District No. 5 KIM JOHNSON 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 21612014 11:18 AM BOCC Regular Meeting Tuesday, February 4, 2014 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 may be heard on the first Tuesday at 6:00 P.M. or as soon thereafter as possible and on a third Tuesday at 9:00 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 Chairman 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. 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 Chairman 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 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 allocated at the beginning of each meeting for the general public comment. Please limit comments to three minutes. DECORUM — Please be respectful of others' opinions. MEETINGS — All Board meetings are open to the public and are held on the first and third Tuesdays of each month; the first Tuesday at 6:00 P.M. and the third Tuesday at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982. The Board schedules additional workshops throughout the year as necessary to accomplish their goals and commitments. Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the Safety & Risk Manager at (772) 462-1783 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. 2 1 P a g E BOCC Regular Meeting Tuesday, February 4, 2014 6:00 PM I. CALL TO ORDER II. INVOCATION III. PLEDGE OF ALLEGIANCE IV. MINUTES AND PROCLAMATIONS APPROVAL 1. Board of County Commissioners minutes for the meeting of Tuesday, January 21, 2014 2. Resolution 2014-10 - Proclaiming February 11 - 17, 2014 as "2-1-1 Awareness Week" in St. Lucie County, Florida. 3. Resolution 20124-19 - Proclaiming February 16-22, 2014 as "National Engineers Week" in St. Lucie County, Florida. V. PRESENTATIONS VI. GENERAL PUBLIC COMMENT VII. CONSENT AGENDA A. WARRANTS 1. Warrant List No. 16 2. Warrant List No. 17 B. ADMINISTRATION There are no items scheduled. C. COUNTY ATTORNEY 1. Permission to Amend Lease Agreement with James & Brenda Gibbons - 3904 N. Kings Highway, Fort Pierce, FL Staff recommends that the Board grant the Chair authority to sign the Amended September 1, 2000 Lease Agreement. 2. Savannas Recreation Area Trail Memorandum of Agreement Staff recommends that the Board approve the draft Memorandum of Agreement and authorize the Chair to sign the agreement as approved by the County Attorney. 31Page BOCC Regular Meeting Tuesday, February 4, 2014 6:00 PM 3. Legal Aid Society of the Bar Association of St. Lucie County Agreement Staff recommends that the Board approve the Agreement and authorize the Chair to sign the agreement as approved by the County Attorney. 4. Resolution 2014-11 - Supporting the candidacy of Leon County Commissioner Bryan Desloge for Second Vice -President of the National Association of Counties Staff recommends that the Board of County Commissioners adopt the proposed resolution as drafted. 5. Resolution 2014-12 - correcting Resolution 2013-129 giving Florida Department of Transportation the County's interest in a portion of Entrada Avenue Staff recommends that the Board approve the Corrective Quit Claim Deed to Florida Department of Transportation, authorize the Chair to sign the Corrective Quit Claim Deed and Resolution, and direct staff to record the documents in the Public Records of St. Lucie County, Florida. 6. Resolution No. 2014-5 - Renaming W Avenue E to Cripple Creek Lane and W Avenue B to Jay Gardens Lane in Jay Gardens Subdivision lying in Section 11, Township 35 South, Range 39 East, St. Lucie County, Florida Staff recommends the Board approve Resolution No. 2014-5 renaming W Avenue E to Cripple Creek Lane and W Avenue B to Jay Gardens Lane, authorize the Chair to execute Resolution No. 2014-5 and direct staff to notify the appropriate Utilities, the U.S. Postal Service, the Property Appraiser, the Supervisor of Elections, and the St. Lucie County Sheriff and record the Resolution in the Public Records of St. Lucie County, Florida. 7. Resolution 2014-13 - Midway Road - South 25th Street East to U.S. Highway 1 - Subordination of County Utility Interests for Parcels 144.2, 153.3 and 154.3 for Florida Department of Transportation Staff recommends that the Board approve the Resolutions and Subordination of County Utility Interests for Parcels 144.2, 153.3 and 154.3, authorize the Chair to sign the Resolutions and Subordination of County Utility Interests for Parcels 144.2, 153.3 and 154.3 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. 8. Resolution 2014-14 - MIDFLORIDA Credit Union - Pedestrian Easement - Business Park Drive and U.S. Highway 1 Staff recommends that the Board accepts the Pedestrian Easement, authorize the Chair to sign the Resolution and direct staff to record the documents in the Public Records of St. Lucie County, Florida. D. COMMUNITY SERVICES DeMaio-Severe Repetitive Loss Agreement Amendment Requesting authorization and approval for the Chair to sign the revised Severe 4 1 P a g e BOCC Regular Meeting Tuesday, February 4, 2014 6:00 PM Repetitive Loss Mitigation Grant Agreement (subsequent agreement C10-07-356) as drafted by the County Attorney's office. E. COURT ADMINISTRATION There are no items scheduled. F. ENVIRONMENTAL RESOURCES Resolution 2014-20 - Heathcote Stormwater Park Budget Resolution Board approval of the budget resolution and capital improvement form to establish the budget for the Heathcote Stormwater Park which will be funded by the City of Ft. Pierce. G. HUMAN RESOURCES There are no items scheduled. H. MOSQUITO CONTROL & COASTAL MGMT. SERVICES There are no items scheduled. I. OFFICE OF MANAGEMENT & BUDGET There are no items scheduled. J. PARKS, RECREATION, & FACILITIES There are no items scheduled. K. PLANNING AND DEVELOPMENT SERVICES There are no items scheduled. L. PUBLIC SAFETY & COMMUNICATIONS There are no items scheduled. M. PUBLIC WORKS 1. Moran Foods, LLC - Save -A -Lot - Terminate Road Improvement Agreement and Release Surety Board authorization to terminate the Road Improvement Agreement and release surety in the amount of $65,091.04. 2. Resolution 2014-15 - Indian River Drive Speed Limit Reduction Board approval of Resolution 2014-15 and authorization for the Chairman to sign documents as approved by the County Attorney. 51 BOCC Regular Meeting Tuesday, February 4, 2014 6:00 PM N. SHERIFF'S OFFICE There are no items scheduled. O. SUPERVISOR OF ELECTIONS There are no items scheduled. P. TRANSPORTATION PLANNING ORGANIZATION Resolution 2014-16 - Approval of Safe Routes to School 5-E Award of Funding for FY 13/14 Board approval of Budget Resolution in the amount of $37,900 to amend the County budget for receipt of SRTS 5-E funds on behalf of the St. Lucie TPO. Q. UTILITIES There are no items scheduled. VIII. PUBLIC HEARINGS A. COUNTY ATTORNEY 1. Ordinance 2014-5 - Relating to the Deferred Compensation Program Committee Staff recommends that the Board of County Commissioners adopt the proposed Ordinance as drafted by the County Attorney. 2. Ordinance 2014-6 - Proposed Boundary Changes for Tradition Community Development District No. 1 Staff recommends that the Board of County Commissioners adopt the proposed Ordinance. 3. Ordinance 2014-7 - Proposed Boundary Changes for Tradition Community Development District No. 3 Staff recommends that the Board of County Commissioners adopt the proposed Ordinance. 4. Request for an Order pursuant to Article II, Chapter 2-5 of the St. Lucie County Code of Ordinances and Compiled Laws, to demolish the Unsafe Structure at 2917 N. A1A, Fort Pierce. Pursuant to the provisions of Article III of Chapter 2-5 of the St. Lucie County Code of Ordinances and Compiled Laws, staff recommends that the Board give the Code Enforcement Department permission to proceed to use the lowest bidder to demolish the structure and clean the property of all junk, trash and debris, and assess the entire a BOCC Regular Meeting Tuesday, February 4, 2014 6:00 PM cost of such demolition against the real property which shall constitute a lien payable to St. Lucie County. B. PLANNING & DEVELOPMENT SERVICES 1. Resolution 2014-17 - Jacobs Midway Commercial Rezoning from CO (Commercial Office) to CN (Commercial Neighborhood) - Quasi Judicial Approval of the proposed rezoning from CO (Commercial Office) to CN (Commercial Neighborhood). 2. Resolution 2014-18 - Hutton Growth One, LLC Rezoning from IL (Industrial Light) to CG (Commercial General) -Quasi Judicial Approval of the proposed rezoning from IL (Industrial Light) to CG (Commercial General). IX. REGULAR AGENDA County Medicaid Billing - Proposed Final Settlement Offer by AHCA Add -On Based on the reasons stated above, staff recommends that the Board accept the January 31, 2014 settlement offer in the amount of $165,052.55. X. ANNOUNCEMENTS 1. The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, February 11, 2014 at 9:00 a.m. in Conference Room #3. 2. The County will be closed on Monday, February 17, 2014 in observance of President's Day. XI. MOTION TO ADJOURN 7 1 P a g e 4.1 S■TkOL■NI 1 E COUNTY F L o R r D A BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BOCC Regular Meeting January 21, 2014 Convened: 9:01 AM Adjourned: 9:14 AM I. CALL TO ORDER The meeting was called to order at 9:01 AM by District No. 4 Chair Frannie Hutchinson Attendee Name Title Frannie Hutchinson District No. 4 Chair Paula A. Lewis District No. 3 Vice -Chair Chris Dzadovsky District No. 1 Status Arrived Present 9:01 AM Present 9:01 AM Absent Tod Mowery District No. 2 Present 9:01 AM Kim Johnson District No. 5 Present 9:01 AM Faye W. Outlaw County Administrator Present 9:01 AM Bob Bentkofsky Deputy County Administrator Present 9:01 AM Daniel S. McIntyre County Attorney Present 9:01 AM Katherine Barbieri Asst. County Attorney Present 9:01 AM Edward Matthews Parks, Recreation & Facilities Director Present 9:01 AM Don West Public Works Director Present 9:01 AM Laurie Waldie Utility Director Present 9:01 AM Beth Ryder Community Services Director Present 9:01 AM Marie Gouin Office of Management & Budget Director Present 9:01 AM Mark Satterlee Planning & Dev Director Present 9:01 AM Tara Raymore Director of Human Resources Present 9:01 AM Kelly Phelan Recording Secretary Present 9:01 AM Jonathan Putrow Recording Secretary Present 9:01 AM J Q O W Q U) z O a a J U O W (L 0 z a U) W D z 2 Generated 21512014 9:53 AM Packet Pg. 8 4.1 BOCC Regular Meeting Tuesday, January 21, 2014 9:00 AM II. INVOCATION III. PLEDGE OF ALLEGIANCE IV. MINUTES AND PROCLAMATIONS APPROVAL Board of County Commissioners - BOCC Regular Meeting - Jan 7, 2014 6:00 PM RESULT: ACCEPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Kim Johnson, District No. 5 AYES: Frannie Hutchinson, Paula A. Lewis, Tod Mowery, Kim Johnson ABSENT: Chris Dzadovsky V. PRESENTATIONS There are no items scheduled. VI. GENERAL PUBLIC COMMENT Paul Shaw, Saint Lucie County resident, addressed the Commissioners about the flooding that has occurred due to the recent storms. Mr. Shaw wanted to address Commissioner Dzadovsky specifically because he spoke about this issue in the News. Colony Court had to evacuate because of the flooding and Mr. Shaw is familiar with the area because he owns a warehouse there. He advocated that the storm water draining is working as it should. He said that hurricanes are not the source of severe flooding, and that rain storms are the main cause of flooding. Mr. Shaw brought up the 100 years storm theory and said that it is not accurate because storms cause flooding in Saint Lucie County about every four years. Mr. Shaw said that flooding can occur at any time and presented pictures to the Commissioners. The pictures included some images of flooding and drainage failure. He stated that the system is overloaded and that adjustments should be made to the pipes and canals. Mr. Shaw mentioned that Saint Lucie West use to have a severe flooding problem due to drainage ponds and levies not functioning properly but adjustments were made to fix issue. He asked the Commissioners to look at the frequency and intensity of flood water releases and asked the Commissioners to better manage the flood gates and to come up with an alternative for flood issues. Commissioner Hutchinson replied and mentioned that attention has been given to the area that Mr. Shaw mentioned. She also mentioned that there are water management parties that control and contribute to solving flooding problems. Richard Sylvesteri, 5708 Buchanan Drive, Fort Pierce, FL, spoke to the Commissioners about the 100 year flood theory. He mentioned that he remembers a flood in 1979 that overflowed the canals which caused the city to shut down. He also mentioned that South Florida is receiving 2 1 P a g e Packet Pg. 9 4.1 BOCC Regular Meeting Tuesday, January 21, 2014 9:00 AM these types of floods every 3 to 4 years. He also mentioned that he went to a seminar about the rising seas. Mr. Sylvesteri then continued to mention the efforts of other South Florida cities who are dealing with flooding issues. He cited a PBS special that presented the rising sea theory. Mr. Sylvesteri that he is not an expert, but knows that the flooding is a sever issue because the seas are not as low as they use to be which does not allow proper drainage. He also mentioned that he contributed to storm water drainage efforts at Herman Bay. VI I. CONSENT AGENDA RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Kim Johnson, District No. 5 AYES: Frannie Hutchinson, Paula A. Lewis, Tod Mowery, Kim Johnson ABSENT: Chris Dzadovsky A. WARRANTS 1. Warrant List No. 13 2. Warrant List No. 14 3. Warrant List No. 15 B. ADMINISTRATION There are no items scheduled. C. COUNTY ATTORNEY 1. Permission to Advertise - Amending Article IV Chapter 1-6 of the Code of Ordinance of St. Lucie County, Florida Entitled "Merchandising of Tobacco Products" to Include E- Cigarettes 2. Permission to Advertise - Request for Proposals for Bond Counsel Services D. COMMUNITY SERVICES 1. Resolution 2014-6 - CDBG Small Cities -Enabling Resolution 2. Resolution 2014-7 - Match Resolution for CDBG Small Cities Application 3. Resolution 2014-8 - Severe Repetitive Loss (SRL) Contract Modification E. COURT ADMINISTRATION There are no items scheduled. ��►I�IIZ� ► ►]�l�il�►�ire\�1�%IiIZ�� J Q O W a a Q z O H Q a J U O W a 0 z Q w F_ I z 2 3 1 P a g e Packet Pg. 10 4.1 BOCC Regular Meeting Tuesday, January 21, 2014 9:00 AM There are no items scheduled. G. HUMAN RESOURCES 1. Corizon Inmate Health Care Invoice No. CZN000013884 2. Corizon Inmate Health Care Invoice No. CZN000013885 J Q H. MOSQUITO CONTROL & COASTAL MGMT. SERVICES 0 O o: a Adopt -A -Beach Litter Removal Agreement (L Q U) I. OFFICE OF MANAGEMENT & BUDGET Z O H There are no items scheduled. a J. PARKS, RECREATION, & FACILITIES J U O W a 1. Proposed Price List - 2014 Spring Training and St. Lucie Mets Baseball Season at Z Tradition Field Q 2. Waiver of Fenn Center Facility Rental Fees for Ask -a -Lawyer Event w D z K. PLANNING AND DEVELOPMENT SERVICES Q There are no items scheduled. o 0 L. PUBLIC SAFETY & COMMUNICATIONS Software House International Contract for Microsoft Volume Licensing Agreement M. PUBLIC WORKS 1. Palm Breezes Club Phase I — Final Release of Surety and Termination of Subdivision Improvement Agreement 2. Virginia Avenue Medical Center - Acceptance of off -Site Improvements and Release of Maintenance Surety 3. Award Bid No. 14-005 Striping and Pavement Markers N. SHERIFF'S OFFICE There are no items scheduled. O. SUPERVISOR OF ELECTIONS 4 1 P a g e Packet Pg. 11 4.1 BOCC Regular Meeting Tuesday, January 21, 2014 9:00 AM There are no items scheduled. P. TRANSPORTATION PLANNING ORGANIZATION 1. Approval of Federal Metropolitan Planning (PL) Grant Second Authorization for FY 13/14 2. Resolution 2014-9 - Approval of Federal Transit Administration (FTA) Notification of Funding for FY 13/14 O Q. UTILITIES 0- a a Q There are no items scheduled. cn Z O Vill. PUBLIC HEARINGS H a a J U There are no items scheduled. O W a 0 IX. REGULAR AGENDA Q w There are no items scheduled. D Z X. ANNOUNCEMENTS 1. The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, February 11, 2014 at 9:00 a.m. in Conference Room #3 2. The Board of County Commissioners will be closed on Monday, February 17, 2014 in observance of President's Day. XI. MOTION TO ADJOURN There being no further business to be brought before the Board, the meeting was adjourned 5 1 P a g e Packet Pg. 12 4.1 BOCC Regular Meeting Tuesday, January 21, 2014 9:00 AM Frar de Hutchinson, District o. 4 Ch r 1/21/20`14 Joseph E. Smith Clerk of Circuit Court 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. 6 1 P a g e Packet Pg. 13 TO: SUBMITTED BY: BACKGROUND: 4.2 ITEM NO. RES-2014-10 DATE: 02/04/2014 AGENDA REQUEST *PROCLAMATIONS/PRESENTAT IONS Board of County Commissioners Daniel S. McIntyre, County Attorney County Attorney Resolution 2014-10 - Proclaiming February 11 - 17, 2014 as "2-1-1 Awareness Week" in St. Lucie County, Florida. It has been requested that this Board proclaim February 11 - 17, 2014 as "2-1-1 Awareness 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: RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS] MOVER: Kim Johnson, District No. S SECONDER: Tod Mowery, District No. 2 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson Coordination/Signatures 11 N anie 5. McIntyre, C my ttorney 1/23/2014 Faye W. Outlaw, County Administrator 1/24/2014 Packet Pg. 14 4.2.a RESOLUTION A RESOLUTION PROCLAIMING FEBRUARY 11-17, 2014 AS "2-1-1 AWARENESS WEEK" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida has made the following determinations: 1. Many times, individuals and families need help in meeting life's basic needs or are experiencing times of crisis and are not sure where to turn. 2. 2-1-1 is an easy to remember, easy to use three -digit number recognized as the central linkage point in providing individuals and families with the guidance, support and information they need to solve their problems; and with the crisis intervention and suicide prevention_ they seek to keep them safe. 3. St. Lucie County is fortunate to have 2-1-1 Help Line, a service that is available any time of day or night that enables individuals and families to get the help they need. 4. As was the case when the caring staff at 2-1-1 helped a distraught grandmother who had lost her job and was caring for her seriously ill daughter and grandson. She struggled with bills and had received notice that their power was soon to be shut-off. Staff at 2-1-1 worked to keep her power on and helped to find her additional assistance with food and medical care for her family. 5. 2-1-1 staff also listened to the teen whose father had left the family. She was so emotionally overwhelmed and thinking of suicide. A 2-1-1 staff member was able to comfort her and get her immediate care and counseling. 6. 2-1-1 staff were also sensitive to a woman who had concerns for her elder brother. He suffered numerous strokes and falls while living with his frail wife who could no longer care for his needs. Staff at 2-1-1 was able to get him to into a safer living environment and find resources for his wife as well; and with so many other real life stories. 7. 2-1-1 Help Line service is free, confidential, available 24/7, with highly trained staff who are 'here to listen, and "here to help," who last year alone assisted over 121,000 callers in need of crisis intervention, assessment and referrals to community services. The 2-1-1 Help Line looks forward to continuing to provide quality, caring assistance to the people of our community. NOW, THEREFORE, be it resolved by the Board of County Commissioners of St. Lucie County, Florida that this Board does hereby proclaim February 11 - 17, 2014 as "2-1-1 Awareness Week" and urge all citizens to be aware of the only telephone number they need to know to access information and referral to programs and services at over 2,800 sites in our community that provide assistance in such areas as Health Care, Insurance, Volunteering, Food, Day Care, Mental Health Counseling, Support Groups, Financial Assistance, etc. PASSED AND DULY ADOPTED this 4`h day of February, 2014. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA DEPUTY CLERK BY: CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Packet Pg. 15 4.3 ITEM NO. RES-2014-19 TO: DATE: 02/04/2014 E`'mi&r AGENDA REQUEST *PROCLAMATIONS/PRESENTAT IONS Board of County Commissioners Daniel S. McIntyre, County Attorney SUBMITTED BY: County Attorney SUBJECT: Resolution 20124-19 - Proclaiming February 16-22, 2014 as "National Engineers Week" in St. Lucie County, Florida. BACKGROUND: It has been requested that this Board proclaim February 16-22, 2014 as "National Engineers 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: RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS] MOVER: Kim Johnson, District No. S SECONDER: Tod Mowery, District No. 2 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson Coordination/Signatures anie 5. McIntyre, C my ttorney 2/4/2014 Faye W. Outlaw, County Administrator 2/4/2014 Packet Pg. 16 4.3.a RESOLUTION A RESOLUTION PROCLAIMING FEBRUARY 16, 2014THROUGH FEBRUARY 22, 2014 AS "NATIONAL ENGINEER'S WEEK" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. National Engineer's Week was founded in 1951 by the National Society of Professional Engineers as an annual event to raise public awareness of engineers and their accomplishments. 2. Thousands of engineers throughout the United States will sponsor a variety of public activities from technology exhibits to student competitions during this week. 3. Engineers have used their scientific and technical knowledge and skills in creative and innovative ways to fulfill.society's needs. 4. Engineers face the major technological challenges of our time - from rebuilding towns devastated by natural disasters to designing an information superhighway that will speed our country into this new century. 5. Engineers are encouraging our young math and science students to realize the practical power of their knowledge. 6. This Board believes that we will look more than ever to engineers and their knowledge and skills to meet the challenges of the future. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that this Board does hereby proclaim the week of February 16, 2014 through February 22, 2014 as "NATIONAL ENGINEER'S WEEK" in St. Lucie County, Florida. PASSED AND DULY ADOPTED this 41h day of February, 2014. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY Packet Pg. 17 7.A.1 01/17/14 FZABWARR FUND TITLE 001 001009 001454 001455 001456 001512 001519 001527 001534 D01538 001544 001547 001550 001552 001553 001554 001555 001556 001557 001824 101 101001 101002 101003 101004 101006 102 102001 102813 104003 105 107 107001 107002 107003 107005 107006 129 130 130115 130116 140 140376 150 160 170 183 183001 ST. LUCIE COUNTY - BOARD WARRANT LIST #16- 11-JAN-2014 TO 17-JAN-2014 FUND SUMMARY General Fund Gen -One Time Funding FCTD Planning Grant Emergency Mgt Preparedness EMPA 14 Div of Emer Mgt RCMP Neighborhood Stabilization Program CDSG FY 2008 Disaster Recovery SRL - 10701 S. Ocean Dr. Metropolitan Planning/Section 5303 HUD Neighborhood Stab 3 CDSG Disaster Recov Enhanc Prog 112 MPO FHWA Planning Grant HUD Shelter Plus Care Homeland Security Subgrant 2013 EMPG FY 2014 CSBG FY 2014 HUD Shelter Plus Care Grant HUD Shelter Plus Care Chronic Asst Support Svcs for Veterans Families SJRWMD Lagoon & You Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel. Tx Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU White City Drainage Citrus & Saeger Hurricane Frances Donations Library Special Grants Fund 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 Parks MSTU Fund SLC Public Transit MSTU FTA 5309 VTCLI-II FY14 FTA 5312 VTCLI-II FY14 Airport Fund FDOT New Port Ent 2nd street Imp Impact Fee Collections Plan Maintenance RAD Fund Court Facilities Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat EXPENSES 294,849.10 169,487.50 145.24 3,398.01 3,174.59 102.76 22.07 2.57 10, 828.23 15,355.25 29,782.37 9,910.39 5,2B9.67 36.01 1,546.37 35.49 10,617.27 8,330.81 21.36 56.58 3,698.43 98.36 28,254.26 7,213.14 166,350.66 7.81 11,765.82 13,938.44 692.27 400.00 393.10 213,117.20 73.92 3,507.14 2,173.85 9,157.33 13,050.90 4,008.21 378.70 101.47 2.60 2,765.03 6,840.79 17.05 4,159.65 2,216.00 8,444.08 700.00 PAGE PAYROLL 478,761.02 0.00 528.22 0.00 328.96 370.31 294.34 35.59 1,302.90 3,152.24 898.62 9,752.84 197.40 0.00 0.00 399.55 233.77 216.04 287.08 739.50 36,002.29 1,289.60 44,413.34 12,904.31 16,397.85 0.00 59,811.29 14,293.01 4,904.21 0.00 0.00 109,214.28 999.63 47,335.51 0.00 0.00 9,191.97 0.00 2,148.06 1,357.20 34.80 9,566.27 0.00 236.42 1,866.96 0.00 3,334.31 0.00 Packet Pg. 18 7.A.1 01/17/14 FZABWARR FUND TITLE 183004 183006 185012 185013 189106 189108 189203 190 310001 316 382 401 418 451 458 471 478 479 491 505 505001 505002 611 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #16- 11-JAN-2014 TO 17-JAN-2014 FUND SUMMARY Ct Admin.- Teen Court Guardian Ad Litem Fund FHFA SHIP 2010-2011 FHFC SHIP 2012/2013 FY 2011 Home Consortium Home Consortium 2012 Hardest Hit fund Advisor Services Sports Complex Fund Impact Fees -Library County Capital 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 Property/Casualty Insurance Fund Health Insurance Administration Tourist Development Trust-Adv Fund Bank Fund GRAND TOTAL; EXPENSES 1,603.44 1,967.84 4.73 4.74 19,146.02 107.97 71.82 50,662.44 2,276.27 5,644.00 750.00 513,679.98 7, 618. 14 57,691.41 22,847.71 93,122.93 88.16 83.60 1, 954.04 105,813.76 2,689.15 411.04 12,387.08 245,606.99 2,212,751.11 PAGE 2 PAYROLL 3,275.73 0.00 63.07 63.06 0.00 1,491.97 510.72 16,756.44 0.00 0.00 0.00 51,742.02 16,194.67 4,956.67 755.15 7,416.47 1,218.80 1,139.05 20,582.78 0.00 2,571.81 3,208.90 2,404.20 0.00 1, 007, 151.20 Packet Pg. 19 7.A.2 01/24/14 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR WARRANT LIST #17- 18-JAN--2014 TO 24-JAN-2014 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 001 General Fund 114,963.88 0.00 001009 Gen -One Time Funding 33,912.75 0.00 001456 Div of Emer Mgt RCMP 10,690.00 0.00 001534 Metropolitan Planning/Section 5303 6.06 0.00 001544 CDBG Disaster Recov Enhanc Prog 25,331.34 0.00 001547 112 MPO FHWA Planning Grant 14,711.61 0.00 001553 EMPG FY 2014 1,546.42 0.00 101 Transportation Trust Fund 41.63 0.00 101002 Transportation Trust/80o Constitut 50,817.39 0.00 101003 Transportation Trust/Local. Option 63,481.28 0.00 101004 Transportation Trust/County Fuel Tx 12,068.22 0.00 101006 Transportation Trust/Impact Fees 5,999.00 0.00 102 Unincorporated Services Fund 2,397.06 0.00 102001 Drainage Maintenance MSTU 50,176.37 0.00 102113 DEM Indian River Estates Drainage 374,989.70 0.00 102813 White City Drainage Citrus & Saeger 1,680.00 0.00 105 Library Special Grants Fund 147.16 0.00 107 Fine & Forfeiture Fund 36,189.32 0.00 107001 Fine & Forfeiture Fund -Wireless Sur 284.95 0.00 107003 Fine & Forfeiture Fund-800 Mhz Oper 4,106.06 0.00 107004 F&F Fund -Driver's Ed Safety 217,635.00 0.00 107006 F&F Fund -Court Related Technology 1,805.81 0.00 ill River Park I Fund 3,100.33 0.00 112 River Park IT Fund 716.07 0.00 113 Harmony Heights 3 Fund 221.14 0.00 114 Harmony Heights 4 Fund 540.04 0.00 116 Sunland Gardens Fund 273.61 0.00 117 Sunrise Park Fund 119.92 0.00 119 Holiday Pines Fund 493.40 0.00 120 The Grove Fund 214.64 0.00 122 Indian River Estates Fund 1,045.56 0.00 123 Queens Cove Lighting Dist#13 Fund 370.60 0.00 126 Southern Oak Estates Lighting 149.24 0.00 127 Pine Hollow Street Lighting MSTU 479.39 0.00 128 Kings Hwy Industrial Park Lighting 594.58 0.00 129 Parks MSTU Fund 176,017.50 0.00 130 SLC Public Transit MSTU 1,428.48 0.00 130112 FTA 5316 Job Access and reverse com 1,160.64 0.00 136 Monte Carlo Lighting MSTU#4 Fund 2,194.91 0.00 138 Palm Lake Gardens MSTU Fund 300.60 0.00 139 Palm Grove Fund 923.81 0.00 140 Airport Fund 3,654.62 0.00 140001 Port Fund 148.80 0.00 140361 FDOT -- Port of Ft. Pierce Dredging 8,000.00 0.00 140373 Terminal/Customs Apron Rehab 303,418.80 0.00 140376 FDOT New Port Ent 2nd street Imp 15,450.00 0.00 140377 Strategic Bus PLan, Marketing Plan, 12,471.87 0.00 150 Impact Fee Collections 1,257.90 0.00 Packet Pg. 20 7.A.2 01/24/14 FZABWARR FUND TITLE 160 170 181 183 183001 183004 183006 188 189108 190 216 295 310001 318 401 418 451 471 491 505 505001 505002 611 801 ST. LUCIE COUNTY - BOARD WARRANT LIST 417- 18-JAN-2014 TO 24-JAN-2014 FUND SUMMARY Plan Maintenance RAD Fund Court Facilities Fund SLC Housing Finance Authority Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund Bluefield Ranch Improvements Home Consortium 2012 Sports Complex Fund County Capital I&S River Branch I&S Fund Impact Fees -Library County Capital -Transportation Bond Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund Water & Sewer District Operations Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Health Insurance Administration Tourist Development Trust-Adv Fund Bank Fund GRAND TOTAL: EXPENSES 3,349.37 86,088.17 7.34 2,202.51 40.00 1,944.72 16, 160.54 0.90 1,990.00 10,811.40 1,202.00 32,112.06 3,991.99 6,942.50 141,570.08 27,255.99 249.38 930.21 6,597.75 106,991.16 16,124.08 10,138.64 6,167.75 4,695.77 2,045,291.79 PAGE 2 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 0.00 796.80 0.00 0.00 0.00 0.00 796.80 Packet Pg. 21 7.C.1 ITEM NO. (ID # 1856) 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: 02/04/2014 *CONSENT AGENDA\COUNTY ATTORNEY Permission to Amend Lease Agreement with James & Brenda Gibbons - 3904 N. Kings Highway, Fort Pierce, FL James and Brenda Gibbons ("Lessee") currently lease 3904 N. Kings Highway in Fort Pierce (the "Property") for fruit and vegetable production and accessory use as a retail market for sale of produce grown on site. The current rate of their lease is $1,402.25/month and the last payment from the Lessee was a payment received in May of 2012 for April's rent. The Lessee is 22 months behind and currently in default under the lease agreement. An appraisal of the property was prepared by Deighan Consultants as of April 14, 2013 to determine the current rental value of the property. The appraisers determined that the current value is use of the property is one hundred twenty-eight thousand five hundred and 00/100 dollars ($128,500.00) with a fair market rental value of five hundred thirty-five and 00/100 dollars ($535.00) per month. If the amount past due was paid off over the remaining eighty-three (83) months left on the current lease term, this would result in an additional payment of three hundred thirty-six and 76/100 ($336.76) dollars per month. When combined with the fair market rental value, this comes to eight hundred seventy-one and 76/100 dollars ($871.76) per month. Given the current monthly rental rate of one thousand four hundred two and 25/100 ($1,402.25), this would result in a monthly savings of five hundred thirty and 49/100 dollars ($530.49). Rather than an annual adjustment based upon the Consumer Price Index, staff would recommend that this revised rental rate be adjusted only one more time during the current lease term, in 2017. Additionally, Mr. And Mrs. Gibbons are requesting a rent credit for damage done to the property from the 2004 hurricanes. The Gibbons are documenting the expenses that they paid to repair County property. The amended lease does not include any rent credit. Upon receiving sufficient documentation staff will review it and present it to the Board for consideration. PREVIOUS ACTION: N/A Packet Pg. 22 7.C.1 FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board grant the Chair authority to sign the Amended September 1, 2000 Lease Agreement. COMMISSION ACTION: RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Kim Johnson, District No. 5 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson Coordination/Signatures Danie 5. McIntyre, Co my ttorney 1/29/2014 Aob rentkofsky, Depu6Cnty;A;ministrat,, 1/ 9/2014 updated: 1/27/2014 9:22 AM by Shane A. De Witt A Page 2 Packet Pg. 23 7.C.1.a SECOND AMENDMENT TO SEPTEMBER 1, 2000 LEASE AGREEMENT C00-09-483 THIS IS A SECOND AMENDMENT to the September 1, 2000 Lease Agreement by and between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, ("Lessor"), and JAMES GIBBONS AND BRENDA GIBBONS, ("Lessee") WHEREAS, on September 1, 2000, the parties entered into a Lease Agreement ("Lease") for certain property owned by the Lessor and located at 3904 North Kings Highway, Fort Pierce, Florida; and, WHEREAS, the Lease provided for an initial five (5) year term; and, WHEREAS, on February 20, 2007 the parties extended the term through and including August 31, 2020, and clarified certain other provisions of the Lease; and WHEREAS, the parties desire to amend the agreement to amend the rent; NOW, THEREFORE, in consideration of the mutual promises and covenants contained, the parties agree to amend the Lease as follows: 4. Paragraph 11, RENT, SECURITY DEPOSIT, RENT CREDIT, AND ANNUAL ADJUSTMENT, shall be amended to read as follows: 11. RENT, SECURITY DEPOSIT, RENT CREDIT, AND ANNUAL ADJUSTMENT. Beginning February 1, 2014, Lessee shall pay as rent for the leased premises the sum of five hundred sixty-seven and 89/100 ($567.89) per month, plus all applicable sales, use, and like taxes. As of February 1, 2014 the past due amount was twenty-seven thousand nine hundred fifty-one and 04/100 dollars ($27,951.04). The amounts past due will be paid off covering the remaining eighty- three (83) months left on the current lease, this would result in an additional payment of three hundred thirty-six and 76/100 dollars ($336.76) per month when combined with the fair market rental value, this comes to eight hundred seventy-one and 76/100 (871.76) per s: /ATTY/AG REE M NT/LEASE/2a-gibbons.14 I c r ui c 0 CU N r c 0 E a Packet Pg. 24 7.C.1.a month. (The monthly rental payments shall be due on the first day of the month.) Payment shall be by check made payable to "St. Lucie County" and delivered to 2300 Virginia Avenue, Administration Annex, Fort Pierce, Florida 34982, or such other location as directed in writing by Lessor. Lessee shall also pay all applicable sales tax imposed by federal, state and local governments. In 2017, the Annual Rent shall be adjusted in accordance with the provisions herein below. Said adjustments shall be computed one (1) month prior to the end of the preceding Term, or Renewal Term, as the case may be, with the adjusted Annual Rent to be paid in equal consecutive monthly installments. The adjusted Annual Rent for the applicable Term or Renewal Term shall be determined by multiplying the Annual Rent then in effect for the Term of this Lease by a fraction, the numerator or which is the Consumer Price Index (All Items and Major Group Figures for All Urban Consumers, U.S. City Average 1982- 84 = 100, as computed by the United States Department of Labor, Bureau of Labor Statistics) (the "Index"), as of three (3) months prior to the expiration of the Term, or the Renewal Term, as the case may be, and the date of commencement of this Lease. Lessor shall provide Lessee with the new Annual Rent amount and Lessor's calculations to arrive at same within ten (10) days following the aforementioned calculation date. It is further understood and agreed that if the rental adjustment is not immediately determinable at the time an adjustment is required, the previous rental then being paid shall continue until an adjustment can be made, and the adjustment shall be retroactive to the adjustment date, and the sum constituting the adjustment for the months of the period which have passed prior to the determination of the amount of the adjustment shall be due and payable within thirty (30) days after such determination. [The next page is the signature page.] s:/ATTY/AGREEMNT/LEASE/2a-gibbons.14 2 Packet Pg. 25 7.C.1.a IN WITNESS WHEREOF, Lessor has executed this Lease Agreement on this day of , 2014. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO FORM AND CORRECTNESS: BY: COUNTY ATTORNEY IN WITNESS WHEREOF, Lessee has executed this First Amendment on this day of , 2014. WITNESSES JAMES GIBBONS BY: JAMES GIBBONS WITNESSES BRENDA GIBBONS BY: BRENDA GIBBONS s:/ATTY/AGREEMNT/LEASE/2a-gibbons.14 3 Packet Pg. 26 7.C.2 ITEM NO. (ID # 1876) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Katherine Barbieri, Asst. County Attorney County Attorney DATE 02/04/2014 *CONSENT AGENDA\COUNTY ATTORNEY Savannas Recreation Area Trail Memorandum of Agreement The City of Port St. Lucie is pursuing a roadway connection between Manth Lane and US Highway 1 known as the "Crosstown Parkway Extension Project." Should a build alternative be selected the City of Port St. Lucie will be required to obtain easements over state-owned lands. In order for the City to obtain easement from the State, a Proprietary Mitigation Plan will be required. (Please note that the County has not been involved in the selection or approval of a build alternative.) The proposed Proprietary Mitigation Plan includes the design, permitting, and construction of the Savannas Recreation Area Trail, (the "Trail). The Trail is located within the Savannas Recreation Area between Savannah Road and Midway Road. The Trail will serve as a segment with the East Coast Greenway, a multi state trail that connects Calais, Maine to Key West, Florida. The Trail is an important regional project that the County has wanted to construct for a long time but has had insufficient funds. The City has requested that the County enter into the MOA for the purpose of setting forth the responsibilities of the parties regarding the implementation of the construction, installation and maintenance of the Savannas Recreation Area Trail. The Agreement provides that the City will fund the construction of the Trail in an amount not to exceed $1,500,000.00. Once the Trail is constructed the County agrees to maintain the Trail. The Agreement also requires the County to allocate mitigation credits from the Platts Creek Mitigation Bank. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board approve the draft Memorandum of Agreement and authorize the Chair to sign the agreement as approved by the County Attorney. lfue ►] "WifRS1119P►I_Ts"191 F Packet Pg. 27 7.C.2 RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Kim Johnson, District No. 5 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson Coordination/Signatures anie s. McIntyre, C my ttorney 1/29/2014 deb be- t— sky, Deputy Cofanty Administrate 1/ 9/2014 updated: 1/27/2014 9:20 AM by Stephanie Bush Page 2 Packet Pg. 28 7.C.2.a PUBLIC WORKS DEPARTMENT MEMORANDUM TO: Daniel McIntyre, County Attorney FROM: Don West, Public Works Director W . C.A. No. 13-1166 SUBJECT: Savannas Recreation Area Trail MOA DATE: January 7, 2014 Based upon my review of the revised version of the MOA dated September 16, 2013, 1 recommend approval of the Agreement. I noted the new provision requiring the County to allocate mitigation credits from Platt's Creek, to offset wetland impacts from the construction of the Trail. This is a reasonable solution for all parties because the County will incur the cost of mitigation either way. Use of the Platt's Creek credits is a paper transaction for the County rather than a cash expense to the Project construction budget. cc: Edward Matthews, Parks, Recreation, and Facilities Director a 0 2 Packet Pg. 29 ■ - dr- i ■ ' ' 1 1 ��1 r • ' A, F ■+ �� L T _ II Ftf ' w hL t ■ 1 1+ ' WMM + avanna A �. hL _ k 1. y JJ + I � l , ■L • .JI' - - L I •� - � 1 1 — — I I I 1 • ILboa _ ti _ � 1 AIM `' ' • • • • • • ' • I • J JE Pk 11} 1 ■r AN A oa 1 1 4 AL N, 7s ■ 1 1 , _L , + I ti ' r j � � f L • 1 Y L � Or ' ki, alT6� & �roper OwnersOh IN 9.01 it `� ,���i��r-�,, ���� ��� _ 'L L City Of Fort Pierce n •�� ' € "'i � ' - �M.�• P.O. Box 1480 ML % _ '� " N Fort Pierce, FL 34954-1480 - �`1; Mi' L 4 0 St. Lucie County �� 2300 Virginia Avenue L�� � - g o� t f4�� h.dgop r * Fort Pierce, FL 34982-5632 � .R�j �# @$ �pF �f vt 6'� Omit a " _ Trustees Of The Internal 1 LA �� 444�l� � � � � * py4P.OJPL � '� Improvement Trust Fund i j'# ti — _ p _ M LZ} ,F r 3900 Commonwealth Blvd. qr - JI'■' Tallahassee, FL 32399-6575 - ' err �. ® Florida East Coast Railroad Company 1 Malaga Street I' 7* _ St. Augustine, FL 32064 ■ •1 r Note ti '� _ �' - L Property lines shown are approximate and •i�i' High Point Of tj i, based on St. Lucie County Tax Accessment ' 4 Ft. Pierce 1 - Maps printed February 28, 2002 & information -1 � ;6 «'r LIL L- - from the St. Lucie County Property Appraiser R ■ • iii �_ T• • aii!' - Geographic Information Services Web Site ■# _ T As ':{. March 14, 2002 & March 15, 2002. _ ■ i •11OIM - ■. - - T } r �y6 r �L •' 1 J f �� f •• •,� rjC" i + "LIM- _+ �; L _- - I. 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L _ R F' ~ - 1 L .� JIE T ■ F - 7 L ir Memo IL IN AL: iL 2 IL '•_2 'ILI'• i,J. _ rj6j Weatherbee Road LL - t111111W— � iTr� � , IL Road .� - Road .mF• ~ - 1 it 1L _ n�• I y 'Y 7.C.2.c DRAFT DRAFT MEMORANDUM OF AGREEMENT September 16, 2013 THIS MEMORANDUM OF AGREEMENT ("MOA") is entered into this day of , 2013, between the CITY OF PORT ST. LUCIE, a Florida municipal corporation ("CITY") and the ST. LUCIE COUNTY, a political subdivision of the State of Florida ("COUNTY"). WHEREAS, the CITY is pursuing a roadway connection between Manth Lane and US Highway 1 known as the "Crosstown Parkway Extension Project"; and WHEREAS, the CITY is working on obtaining final approval and a Record of Decision on its Environmental Impact Statement ("EIS") for the Crosstown Parkway Extension Project in cooperation with the Federal Highway Administration ("FHWA") and the State of Florida Department of Transportation ("FDOT"); and WHEREAS, the EIS evaluates six (6) build alternatives and a no -build alternative for the Crosstown Parkway Extension Project, and the ultimate selection of a preferred alternative will be made with FHWA's final approval and issuance of a Record of Decision; and WHEREAS, the CITY must obtain easements from the Governor and Cabinet who sit as ti the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida w ("TRUSTEES") for the use of state-owned uplands and sovereignty lands prior to the CITY'S commencement of construction of the Crosstown Parkway Extension Project; and r WHEREAS, should a build alternative be selected, the CITY will implement the projects outlined in the Proprietary Mitigation Plan identified in the Memorandum of Understanding, and any amendments thereto, which are attached hereto and incorporated herein as Exhibit "A," ("MOU"), between the CITY and the Department of Environmental Protection ("DEP") so that the CITY may obtain the necessary easement over state-owned lands for the Crosstown Parkway Extension Project; and WHEREAS, the Proprietary Mitigation Plan includes the design, permitting, and construction of the Savannas Recreation Area Trail (the "Trail") to the satisfaction of DEP and the COUNTY; and WHEREAS, the Trail is located within the Savannas Recreation Area between Savannah Road and Midway Road; and WHEREAS, the Trail will serve as a segment within the East Coast Greenway, a multi- state trail that connects Calais, Maine to Key West, Florida, in addition to also serving as a segment of the St. Lucie North -South Trail that connects to the Green River Parkway Trail; and WHEREAS, the Trail is an important regional project that the COUNTY has wanted to construct for a long time but has had insufficient funds to do so; and Packet Pg. 31 7.C.2.c WHEREAS, the Trail is a proposed project in the St. Lucie County Bicycle, Pedestrian, Greenways and Trails Master Plan and the St. Lucie bicycle/Pedestrian Corridor Study; and WHEREAS, the Trail is located on property owned by the City of Fort Pierce; and WHEREAS, the City of Fort Pierce and the COUNTY entered into an Interlocal Agreement dated May 12, 1992 and amended February 21, 2001, detailing that the COUNTY will manage and maintain the proposed Trail property for recreational purposes; and WHEREAS, the CITY and the COUNTY desire to enter into this MOA for the purpose of setting forth the responsibilities of the parties regarding the implementation of the construction, installation and maintenance of the Savannas Recreation Area Trail should a build alternative be selected for the Crosstown Parkway Extension Project. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the CITY agrees as follows to: 2. Design, permit, construct and provide inspection services for the Trail to the satisfaction of DEP and the COUNTY. The costs incurred by the CITY for the design, permitting, construction, and construction inspection of the Trail shall not exceed the sum of ONE MILLION FIVE HUNDRED THOUSAND DOLLARS AND NO CENTS ($1,500,000.00). If > the CITY'S cost estimate for such work exceeds said sum of $1,500,000.00, then the v) scope of work for the Trail will be reduced so the total expenditures made by the CITY ti do not exceed a total of $1,500,000.00. The CITY will be responsible for paying the permit and consultant fees to complete this work, and such fees shall also be considered items that are included within said $1,500,000.00 cost limit for the CITY'S responsibility r r to construct the Trail. ti 3. Require the contractor(s) to provide bonds and insurance that meet the COUNTY'S requirements, including repair or replacement of damage to County -owned property and facilities resulting from the activities of the CITY'S contractor(s). 4. Provide a mechanism in the agreement with the contractor(s) that will allow the modification of the scope of services to reduce costs in the event that the total estimated costs for the construction of the Trail exceeds $1,500,000.00. 5. Undertake the commitment set forth in this MOA only if a build alternative is approved by FHWA through the EIS process and the CITY pursues the construction of the Crosstown Parkway Extension Project. 6. In the event the actual costs incurred by the CITY for the design, permitting, construction, and construction inspection of the Trail is less than the maximum amount of $1,500,000.00 allocated to the Trail, then the CITY shall pay to the COUNTY the difference between the allocated $1,500,000.00 and the actual costs incurred for the Trial (the "Surplus Funds"). The CITY'S payment of any such Surplus funds to the COUNTY shall be exclusively used by the COUNTY to meet its obligation to maintain the Trail in perpetuity. Packet Pg. 32 7.C.2.c NOW, THEREFORE, in consideration of the mutual promises contained herein, the COUNTY and the CITY agree as follows to: 1. The County agrees to: a. Provide assistance to the CITY, pursuant to CITY'S request(s), during the design, permitting, and construction phases of the Trail to ensure that the Trail is implemented to COUNTY'S reasonable satisfaction. b. Provide the CITY, its staff, consultants, contractors, subcontractors, employees and other agents involved in the construction of the Trail with access to and a reasonable means of ingress and egress to the property upon which the actual Savannas Recreation Area Trail is to be located. c. Provide, in a timely manner, information reasonably available to the COUNTY as requested by the CITY for the development of the permit and construction plans. d. Provide review and approval of the design and permit conditions of the Trail prior to the onset of construction. e. Commit to modifying and/or reducing the scope of work for the construction of the Trail if costs estimated by the CITY are greater than a total sum of $1,500,000.00. f. Fund and provide perpetual maintenance on and for the actual Savannas Recreation Area Trial and attendant improvements as long as the site upon which the Trail is located is owned by the COUNTY. g. Allocate any mitigation credits held or owned by the COUNTY, if deemed necessary by the CITY, from the Platt's Creek Initiative to offset wetland impacts from the construction of the Trail. 2. Joint Responsibilities a. The CITY and the COUNTY will serve as joint permittees for the Savannas Recreation Area Trail with the CITY and the COUNTY being responsible for each of their respective items to be completed or obligations to fulfill as outlined and identified above. The COUNTY shall formally request that the City of Fort Pierce cooperate and provide its consent to the permit application for the construction of the Trail. The City Engineer and the County Public Works Director are hereby designated as the "Project Coordinators" for the CITY and COUNTY, respectively. 3. Term; Termination; Conditions a. This MOA shall commence and become effective on the date that the last party has signed, and shall terminate on the date as provided for herein. Packet Pg. 33 7.C.2.c b. Either party shall have the right to terminate this MOA if the construction of the Trail does not proceed in a timely manner due to FHWA's denial of its approval of the EIS. The parties anticipate that the construction of the Trail will begin within three (3) years of permit approval, and will be completed within five (5) years. c. The CITY reserves the right to terminate this MOA if the no build alternative is selected by the FHWA through the EIS process for the Crosstown Parkway Extension Project. d. The CITY will make every reasonable effort to cooperate with the COUNTY to assist with the COUNTY'S compliance with the terms and conditions of that certain Interlocal Agreement, dated May 12, 1992, between the City of Fort Pierce and COUNTY, and as amended February 21, 2001, and said Interlocal Agreement is attached hereto as Exhibit "B." The parties hereto have caused this MOA to be executed through their duly authorized signatories on the day and year first above written. ATTEST: IN Karen A. Phillips City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY Roger G. Orr City Attorney ATTEST: IS Print Name: Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY Dan McIntyre County Attorney CITY: CITY OF PORT ST. LUCIE, a Florida municipal corporation 0 Jeffrey Bremer Interim City Manager COUNTY: ST. LUCIE COUNTY, a political subdivision of the State of Florida Print Name: Chairman Packet Pg. 34 7.C.3 ITEM NO. (ID # 1877) 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: 02/04/2014 *CONSENT AGENDA\COUNTY ATTORNEY Legal Aid Society of the Bar Association of St. Lucie County Agreement On June 3, 1997, the St. Lucie County Board of County Commissioners adopted Ordinance No. 97-05 providing for the funding of the St. Lucie County Pro Bono Legal Aid Program. On June 22, 2004, the St. Lucie County Board of County Commissioners adopted Ordinance No. 04-22 providing that the court shall assess court costs of sixty-five and 00/100 dollars ($65.00) per criminal case. Twenty-five percent of the amount collected shall be allocated to assist the legal aid programs. Florida Statute requires the Department of Financial Services to review and assure compliance with Florida Statute Section 29.008 for any regulated increases. This Agreement establishes the procedures for disbursement of the funds collected by the County. The Agreement provides that funds provided by St. Lucie County shall be used only to fund a pro bono legal aid program to benefit citizens of St. Lucie County. PREVIOUS ACTION: On February 16, 1999, the St. Lucie County Board of County Commissioners entered into an Agreement with Legal Aid Society of the Bar Associations of St. Lucie County, Inc. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board approve the Agreement and authorize the Chair to sign the agreement as approved by the County Attorney. COMMISSION ACTION: Packet Pg. 35 7.C.3 RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Kim Johnson, District No. 5 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson Coordination/Signatures anie s. McIntyre, C my ttorney 1/29/2014 deb be- t— sky, Deputy Cofanty Administrate 1/ 9/2014 updated: 1/23/2014 3:25 PM by Stephanie Bush Page 2 Packet Pg. 36 7.C.3.a AGREEMENT THIS AGREEMENT made this day of 20 , between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County", and the LEGAL AID SOCIETY OF ST. LUCIE COUNTY, INC., a not -for -profit corporation under the laws of the State of Florida, hereinafter referred to as "RECIPIENT". WITNESSETH: WHEREAS, on June 3, 1997, the Board of County Commissioners of St. Lucie County, Florida, adopted Ordinance No. 97-05 providing for the funding of the St. Lucie County Pro Bono Legal Aid Program; and WHEREAS, on June 22, 2004, the Board of County Commissioners of St. Lucie County, Florida, adopted Ordinance No. 04-22 providing that the court shall assess court costs of sixty-five and 00/100 dollars ($65.00) per criminal case. Twenty-five percent of the amount collected shall be allocated to assist the legal aid programs. WHEREAS, Florida Statute requires the Department of Financial Services to review and assure compliance with Florida Statute Section 29.008 for any regulated increases. WHEREAS, the parties desire to establish procedures for disbursement of the funds collected by the County to the Recipient. NOW, THEREFORE, for and in consideration of the mutual benefits received by each part, the parties mutually agree as follows: 1. On or before the 15th day of each month, the County shall disperse monthly to the Recipient by mailing a check to the address indicated in Paragraph 8, a sum equal to the 1/12 of the County annual allocation to the Legal Aid Society pursuant to Section 29.008(4) Florida Statute to be used for the St. Lucie County Legal Aid Program. 2. The funds provided by the County shall be used only to fund a pro bono legal aid program to benefit the citizens of the County. The Recipient shall provide the County with an annual report indicating the number of clients served using funds provided hereunder and the type of service rendered. 3. The Recipient shall have internal controls adequate to safeguard the administration of the funds. 4. If the funds are not used according to this Agreement, any money not so used shall be reimbursed to the County. 1 S: ATTY/AGREEMNT/Legal Aid Society of the Bar Association of SLC Packet Pg. 37 7.C.3.a 5. The Recipient gives the County the right, until the expiration of three (3) years after expenditure of funds under this Agreement, to audit the use of the legal aid fund. Upon demand, the County shall have access to and the right to examine any directly pertinent books, documents, papers, and records of the Recipient involving transactions related to these grant monies. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or until the expiration of three (3) years after the expenditure of the funds unless in the process of an audit. 6. The Recipient is and shall be an independent contractor, responsible to all parties for all of its acts or omissions and the County shall in no way be responsible for such act or omissions. The Recipient shall and will indemnify and hold harmless the County from and against any and all liability, claims, damages, expenses, fees, fines, penalties, suits, proceedings, and actions and cost of actions, including reasonable attorney's fees of any kind and nature arising or growing out of on in any way connected with the use, administration or control of the above described services by the Recipient or its agents, employees, customers, subcontractors, patrons or invitee, or resulting from injury to person or property, or a loss of life or property of any kind or nature whatsoever sustained during the term of this Agreement. The Recipient hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification provided herein. 7. The Recipient agrees to comply with all applicable local, state and federal laws, rules and regulations. 8. Any notice shall be in writing and sent registered or certified mail, postage and charges prepaid, and addressed to the parties at the following addresses: As to County: St. Lucie County Administrator Administration Annex 2300 Virginia Avenue Fort Pierce, Florida 34982 As to the Recipient: Legal Aid Society of the Bar Associations of St. Lucie County, Inc. 1209 Delaware Avenue Fort Pierce, FL 34950 K S: ATTY/AGREEMNT/Legal Aid Society of the Bar Association of SLC With a copy to: St. Lucie County Attorney Administration Annex 2300 Virginia Avenue Fort Pierce, Florida 34982 With a copy to: St. Lucie County Bar Association P.O. Box 3014 Fort Pierce, FL 34948 Port St. Lucie Bar Association 1331 SE Port St. Lucie Blvd., # 102 Port St. Lucie, FL 34952 Florida Rural Legal Services, Inc. 1321 E. Memorial Blvd. Lakeland, FL 33802 Packet Pg. 38 7.C.3.a 9. No amendment, modification or waiver of this Agreement shall be valid or effective unless in writing and signed by both parties and no waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. 10. Except as otherwise provided, this Agreement shall be binding upon and shall inure to the benefit of the parties their successors and/or assigns. 11. The Recipient represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Section 112.311, Florida Statutes as amended from time to time. The Recipient further represents that no person having any interest shall be employed for said performance; provided however that this shall not prevent any representation of qualified individuals pursuant to program guidelines who may assert a claim against the County. The Recipient shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstances which may influence or appear to influence the Recipients judgment or quality of services being provided hereunder, provided that nothing herein shall require any disclosure of any privileged or confidential information or material or invade attorney -client confidential communications or privilege. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Recipient may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Recipient. The County agrees to notify the Recipient of its opinion by certified mail within thirty (30) days, of receipt of notification by the Recipient. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Recipient, the County shall so state in the notification and the Recipient shall, at his/her option, enter into said associations, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Recipient under the terms of this Agreement. 12. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be 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. 13. Recipient understands that the funds to be provided hereunder are raised pursuant to a County ordinance relating to court filing fees. Recipient agrees that County may terminate this Agreement upon cessation of collection of such part of the filing fee or upon mutual agreement of the parties. 14. Default Termination: Either party may terminate the Agreement without cause at any time upon thirty (30) calendar days prior written notice to the other party. 3 S: ATTY/AGREEMNT/Legal Aid Society of the Bar Association of SLC Packet Pg. 39 7.C.3.a Interpretation Venue: This Agreement 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. This agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This agreement shall be interpreted as a whole unit and section headings are convenience only. All interpretations shall be governed by the laws of the State of Florida. 15. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations or agreements, either verbal or written, between the parties hereto. IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chair 4 S: ATTY/AGREEMNT/Legal Aid Society of the Bar Association of SLC APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney LEGAL AID SOCIETY OF THE BAR ASSOCIATION OF ST. LUCIE COUNTY, INC. BY: Robert J. Gorman Packet Pg. 40 7.C.4 ITEM NO. RES-2014-11 TO: AGENDA REQUEST Board of County Commissioners Daniel S. McIntyre, County Attorney DATE: 02/04/2014 *CONSENT AGENDA\COUNTY ATTORNEY SUBMITTED BY: County Attorney SUBJECT: Resolution 2014-11 - Supporting the candidacy of Leon County Commissioner Bryan Desloge for Second Vice -President of the National Association of Counties BACKGROUND: It has been requested that this Board show their support of Leon County Commissioner Bryan Desloge for Second Vice -President of the National Association of Counties. The attached resolution has been drafted for that purpose. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt the proposed resolution as drafted. COMMISSION ACTION: RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Kim Johnson, District No. 5 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson Packet Pg. 41 7.C.4 Coordination/Signatures anie 5. McIntyre, C my ttorney 1/23/2014 ob entkofsky, Depu y C myPdministrato,�/2014 Updated: 1/27/2014 9:12 AM by Carol Bishop Page 2 Packet Pg. 42 7.C.4.a RESOLUTION A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, SUPPORTING THE CANDIDACY OF LEON COUNTY COMMISSIONER BRYAN DESLOGE FOR SECOND VICE-PRESIDENT OF THE NATIONAL ASSOCIATION OF COUNTIES WHEREAS, Florida is the 4th largest state in the nation representing more than 19 million people in 67 counties; and, WHEREAS, for more than 80 years, the Florida Association of Counties (FAC) has helped counties effectively serve and represent Floridians by strengthening and preserving county home rule through advocacy, education and collaboration; and, WHEREAS, FAC is the only association representing Florida's counties - bringing together the collective experience and knowledge of 377 county commissioners and supplied by thousands of county professional staff; and, WHEREAS, FAC provides the cohesive platform that enables county officials and staff to speak with a unified voice on behalf of all Floridians; and, WHEREAS, Leon County Commissioner Bryan Desloge has faithfully served on the Leon County Board of County Commissioners for seven years representing the citizens in District 4, as well as all of the citizens of Leon County; and, WHEREAS, Commissioner Desloge currently serves as the President of the Florida Association of Counties and previously served as President -Elect, 1st Vice President, 2nd Vice President, and a policy chairman of the Florida Association of Counties; and, WHEREAS, Commissioner Desloge has faithfully served on the National Association of Counties Board of Directors for two terms, as well as Vice Chair of the Behavioral Health Subcommittee; and, WHEREAS, the National Association of Counties (NACo), founded in 1935, is the only national organization that represents county governments in the United States and provides essential services to the nation's 3,069 counties; and, WHEREAS, NACo advances issues with a unified voice before the federal government, improves the public's understanding of county government, assists counties in finding -and sharing innovative solutions through education; and WHEREAS, Commissioner Desloge is committed to bringing civility and unity back into public service to increase opportunities for taxpayers; and, WHEREAS, Commissioner Desloge's passion has led him to join with others in the creation and development of the Village Square, a non -partisan public educational 4 0 CV Cn w a� 0 a� E E 0 U 0 Q. a Cn c a� E a Packet Pg. 43 forum on matters of local, state, and national importance that is dedicated to maintaining factual accuracy in civic and political debate by growing civil dialog on divisive issues, and recalling the history and principles at the foundation of our democracy; and, WHEREAS, Commissioner Desloge has introduced the members of FAC to the Village Square and has set his Presidential theme with the FAC to be Civility, Opportunity, Unity; and, WHEREAS, the idea of bringing a civil debate to not only our local policy discussions but also to our state and national capitol are critical to solving the problems facing our communities; and, WHEREAS, by focusing on facts and putting aside party politics, our public servants can begin developing the solutions needed to provide our citizens with the opportunities promised by our founding fathers; and, WHEREAS, Commissioner Desloge has announced his intent to run for Second Vice President of the National Association of Counties to take the platfom of Civility, Opportunity, Unity, to county, borough and parish officials nationwide as well as members of the legislative and executive branches of the United States. NOW THEREFORE BE IT RESOLVED that the St. Lucie County Board of County Commissioners fully supports and endorses the candidacy of Leon County Commissioner Bryan Desloge for the National Association of Counties office of Second Vice -President with the election to be held in July 2014. PASSED AND DULY ADOPTED this 4th day of February, 2014. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY 4 r O N 0) w 0 m E E 0 U O Q. 0_ Cn c a� E s w r a Packet Pg. 44 7.C.5 ITEM NO. RES-2014-12 AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: JoAnn Riley, Property Acquisitions Manager SUBMITTED BY: Property Acquisition Division DATE: 02/04/2014 *CONSENT AGENDA\COUNTY ATTORNEY SUBJECT: Resolution 2014-12 - correcting Resolution 2013-129 giving Florida Department of Transportation the County's interest in a portion of Entrada Avenue BACKGROUND: On October 1, 2013, the Board of County Commissioners approved Resolution 2013-129 that authorized the Chairman to sign the Quit Claim Deed and Resolution 2013-129 transferring any interest in Entrada Avenue to Florida Department of Transportation. St. Lucie County recorded the Quit Claim Deed and Resolution and provided to Florida Department of Transportation who noticed several scrivener errors in the sketch and legal description they prepared. Florida Department of Transportation prepared the attached Corrective Quit Claim Deed for the County to sign. PREVIOUS ACTION: October 1, 2013 - St. Lucie County conveyed any interest we may have in Entrada Avenue right-of-way to Florida Department of Transportation, Resolution 2013-129. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board approve the Corrective Quit Claim Deed to Florida Department of Transportation, authorize the Chair to sign the Corrective Quit Claim Deed and Resolution, and direct staff to record the documents in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: Packet Pg. 45 7.C.5 RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Kim Johnson, District No. 5 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson Coordination/Signatures anie s. McIntyre, c my ttorney 1/24/2014 Faye W. Outlaw, County Administrator 1/28/2014 updated: 1/27/2014 7:57 AM by Shane A. DeWitt Page 2 Packet Pg. 46 7.C.5.a W LOCATION OF ENTRADA AVE TO FDOT j 101 / do �+ � y z tp cy 826 i,• E � f 824 . Y 1 i y9 > '��.. 822io ► 820LU 1k ' 903 04 r 4 818ILI ti N r. 901 , o s N 899, 4e., w 893 y o .R 891889 887, Ilk�el� - - • w M\L o Q C SAP' �t 900`100 + • soo 400 9oa 101 e - 900 401 900 200 DISCLAIMEfi St, Luuc GounN maNes no wa,ramy, repro:enratwn o<eaarertey a:m ine ��rertl, se.aence, ac�a,ew, rmenneee, ar wmpemn<se ofeny or me y.etlaw imormeNen provmed herein. 0 0.00276.0055 0.011 0.016 The reed,, Shvald not rely en th, dew pre,ided hv,ein w, e,ry reason, SL Lu,;- Cevnry expf�cryky disclaims any represenmuena end werrantle4 End0m,, wilheu! limitation, the implied renties a{ merehenlebitliy and Ntnass for a pa,ticular purpose. St. Lucie County shelf assume m liabildy far: S. Any errors, emissicnx er inaccuraGes in Uv Packet Pg. 47 iMermetion provided rega,tlEess of how caused; or 2 Any denlsfn made er anion IaNen er rte!}eken by anY peeacn in rallenw upon any infarmetivn or data Lc,nlehed hereunder 7.C.5.b 04-OCD_12-06/93 This instrument prepared under the direction of: �aurice C. Mayes, Esq. Sketch & Legal descrip ion Prepared by: Bloomster Professional Land Surveyors, Inc. (Rev. 12/2/13 - 121'11/13) Document prepared by: Grace K. ilbel (01/03/14) Department of Transportation 3400 W. Commercial Boulevard Ft. Lauderdale, Florida 33309 Parcel. No. N/A Item/Segment- No; 2302711 Section: 94010-2511 Managing District: 04 S.R. No_ 5 (U.S. 1) County: St. Lucie CORRECTIVE COUNTY QUITCLAIM DEED THIS QUITCLAIM DEED, Made this day of 201 , by ST. LUCIE COUNTY, a political subdivision of the State of Florida, whose address is: 2300 Virginia Avenue, Fort Pierce, Florida 34962, grantor, to the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, grantee: (wherever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of organizations.) WITNESSETH: That the said grantor, for and in consideration of the sum of $1.00 and other valuable considerations, receipt and sufficiency being hereby acknowledged, does hereby remise, release and quitclaim unto the said grantee forever, all right, title, interest, claim and demand, which said grantor has, together with all other right, title, interest, claim and demand, if any, which the said grantor has in and to said parcel situate in the County of St. Lucie, Florida, viz: (See attached Exhibit °A" Legal & Sketch of Description) This is a Corrective Quitclaim Deed to revise a scriveners error found in the legal description that was recorded in Official Records Book 3569, Page 2996 (2997) of the Public Records of St. Lucie County, Florida. TO HAVE AND TO HOLD the same together with the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said grantor, either in law or equity, to the said grantee forever. IN WITNESS WHEREOF, the said grantor has caused these presents to be executed. in its name by its Board of County Commissioners acting by the Chairman of said Board, the day and year aforesaid. Packet Pg. 48 7.C.5.b ATTEST: Print Name• Clerk (or Deputy Clerk) Approved as to Form and Correctness By: Print Name: County Attorney STATE OF FLORIDA COUNTY OF S`P. LUCIE BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Print Name: Chairman The foregoing instrument was acknowledged before me this day of , 201. , by Chairman of the Board of County Commissioners of St. Lucie County, who is personally known to me or who has produced as identification. — Print Name: Notary Public in aTid for the County and State last aforesaid. My Commission Expires: Serial No., if any: Packet Pg. 49 mot A' SKETCH OF DESCRIPTION 7.C.5.b PO/Nr or L'omme'NCrumr NW CORNER OF LOr 2, 9LOCK 27 N113921 V 34.92' CAMIN 0 S7RREE7' _ CE"N7ERZINE PLArTE9 50' RIGHr or -WAY 0714556 W 1200' N6272'OO F 40.67' N6272'00 E- 185.00' 75. 00' g5, 00' PLATTED SOUTH RICH T- OF- WAYLINE �� I R■+ rAOO' L= 2356' D= 90 00 00 Chi LOT 2 LOT f BLOCK 27 BLOCK 27 25' 1 -'W rn• z PORT ST. LUCM SHOPPING CEATE'R A PORTION OF TRACT 'D' PLA r BOOK 1 o, PG 80 L= 2 .56 V Cd� 2 SCALE 1' . SD'J . NOT NOT YA!!O HVTHOUr SHEET f or 2 D= 90210 00 N2 \\\ 04 BLOOMSTER RADIAL'W RADIAL PROFESSIONAL LAND SUR Y0R&INC• 5627200"W NAT7FD 6400' NORTH RIGHT -Or -WAY 41NE 841 NORTHEAST SPENCER s�a�r PRIMA WSM BOULEVARD JENSEN BEACH, FWAI©A 34957 PHONE 772-334-0865 a� GC G ryV V d v L 0 v� N_ 4 0 N Cn W N N C E m V r CJ m L 0` U c E t C� r� Q Packet Pg. 50 EXHIBIT 'A' LEGAL DESCRIPTION 7.C.5.b ©E,S'CR/P17'ON.- BEING A POR17ON OF RIGHT OF WAY OF ENTRAOA AVENUE AS SHOW ON RIVER PARK UNIT J. ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 10, PACE 80, OF THE PUBLIC RECORDS OF Sr LUCIE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS - COMMENCE A THE NORTHWESTERLY CORNER OF LOT 2, BLOCK 27 AS SHOWN ON SAID PLAT OF RIVER PARK UNIT J- THENCE NORTH 622200" EAST, ALONG THE 50UrH£RLY RIGHT OF WAY LINE OF CAMINO STREET, A DISTANCF OF 185.00 FEET TO THE POINT OF BEGINNING- THENCE CONTINUE NORTH 6222'00" EAST, A DISTANCE OF 40.61 FEET; THENCE NORTH 274558" WEST, A DISTANCE' OF 12.00 FEET; THENCE' IVORTH 1139 21 " WEST A DISTANCE OF 34. 92 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF EN7RADA AVENUE; THENCE SOUTH 2738'00" EAST, ALONG SAID EAST RIGHT OF WA Y LINE, A DISTANCE OF 425.63 FEET rO A POINT ON THE EASTERLY PRO"770N OF THE NORTH RIGHT OF WAY LINE OF PRIMA VISTA BOULEVARD,- THENCE SOUTH 622200" WST, ALONG SAID PROTECTED NORTH RIGHT OF WAY LINE, A DISTANCE OF 65.00 FEET TO A POINT OF CUSP OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST TO WHICH A RADIAL LINE BEARS NORTH 2738'00" WEST, HA VINO A RADIUS OF 15.00 FEET ANO A CENTRAL ANGLE OF 90V000 ",• 7HENCE RUN NORTNEASrERLY ALONG THE ARC OF SAID CURtg A DISTANCE" OF 2356 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF ENTRADA AVENUE, THENCE IVORTV 273800" WEST ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 36500 FEET TO THE" POINT OF BEGINNING CONTAINING. 19319.47 SQUARE FEET. NOTES: 1. THIS SKETCH OF LEGAL DESCRIPTION DOES NOT REPRESENT A BOUNDARY SURiEY. 2 THE SEARING BASE OF THIS SKETCH OF LEGAL DESCRIPTION /S IV622200 E ALONG THE SOUTH RIGHT OF WAY LINE OF CArtl1N0 STREET. 3. ADDITIONS OR DELETIONS I27 SURVEY UAPS OR REPORTS BY OTHER THAN THE SYCN/NG PARTY OR PARTIES IS PROHIBITED W/IHOUT HRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. SURVEYORS CERNR04T/ON.• SURVEY MAP AND REPORT OR THE COPIES THEREOF ARE NOT VALID W rHa 7, THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED 541RVEYOR AND MAPPER. ROBERT 8100aS1E , TR PROFESSIONAL LANp'SI/RVEYOR NO. 41J4 57A rE O.F FCORIDA NOVAU W2 SCALE NOU T 2 OF 2 T'.ER ; : , BLOOMS PROFESSIONAL LAND ,lot wx a r r SURVEYORS.INC. ea n ::. r ua a 3 3 id S LVgAEE'lION sat tacxeTFtEnsr SPENCER STREET MATNUoawm m cur JENSEN BEACH, FLORIDA 34957 PHONE 772—�34—U868 Packet Pg. 51 SKETCH OF DESCRIPTION 7.C.5.c POINT OF COMMENCEMENT NW CORNER OF LOT 2 BLOCK 27 N71'59 21 "W .3'4 92' CAMfNO STREET CENTERLINE P4AT7ED 50' RIGHT—OF—WAY W.�. N2i45 58 W 12. 00 ", N6222'001F 40.61'� N8222'OOIE 18,5.G0' _. 00' 95.00' I 71 .ATTED SOUTH RIGHT—OF—WAY LINE' 4 R— 15.00, L— 2a 56 � D= 90D000" aZ3 LOT 2 LOT I BLOCK 27 1 BLOCK 27 I � f i z C Q k PORT ST. LUCIE SHOPPING CENTER x A PORTION OF TRACT 'D PLA T BOOK 10, PO 80 z U D pp R— 15. L— 256' 2 0W 2 SCALE 1 " I F , NOT NOT VA[,Ip �{tTeyO(JT�SrHE'E}T�lDOF ,2 DW 9D V000" N2RADMI'W BLOOM T.L R RADIAL PROFESSIONAL LAND SURVEYORSdme INC. S6272a0 W PLATTED NORTH R16H 65o0' T OF nukoe �o. y WAY LINE 641 NORTHEAST SPENCER STREET JENSEN BEACH, FLORIDA 34957 PRIMA WSTA BOULEVARD PHONE 772-334-0568 Packet Pg. 52 EXHIBIT 'A' LEGAL DESCRIPTION 7.C.5.c DESCRIPTION.• BEING A PORTION OF RIGHT OF WAY OF EWHADA A lSNUE AS SHOWN ON RIVER PARK UNIT 3, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 10 PAGE 80, OF TH£ PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:• COMMENCE AT THE NORTHWESTERLY CORNER OF LOT 2, BLOCK 27 AS SHOWN ON SAID PLAT OF RIVER PARK UNIT 3, THENCE NORTH 622200" EAST, ALONG THE SOUTHERLY RIGHT OF WAY LINE OF CAMINO STREET, A DISTANCE OF 185.00 FEET TO THE POINT OF BEGINNING, THENCE CONTINUE" NORTH 6222'00" EAST, A DISTANCE OF 40.61 FEET' THENCE NORTH 274558" WEST, A DISTANCE OF 12.00 FEET THENCE NORTH 11 S9 21 " WEST A DISTANCE` OF J4. 92 FEET TO A POINT ON THE EAST RIGHT OF WA Y LINE OF ENTRADA AVENUE; THENCE SOUTH 2738'00" EAST, ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 425.63 FEET TO A POINT ON THE EASTERLY PROJECTION OF THE NORTH RIGHT OF WAY LINE OF PRIMA VISTA 6OUL6-YARD,• THENCE SOUTH 627200" WEST ALONG SAID PROJECTED NORTH RIGHT OF WAY LINE, A DISTANCE OF 65.00 FEET TO A POINT OF CUSP OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST TO WHICH A RADIAL LINE BEARS NORTH 2738 00" WEST HA WNG A RADIUS OF 15. 00 FEET AND A CE?V TRAL ANGLE OF 90 00'00 ; THENCE RUN NOR7WAS7E"RLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 2.3 56 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF ENTRADA AVENUE; THENCE NORTH 2736'00" WEST, ALONG SAID WEST RIGHT OF WA Y LINE, A DISTANCE OF J65.00 FEET TO THE POINT OF BEGINNING. CONTAINING.- 19319.47 SQUARE FEET: NOTES: 7. THIS WFTCH OF LEGAL DESCRIPTION DOES NOT REPRESENT A BOUNDARY SURY£Y. 2 THE BEARING BASE- OF THIS SKETCH Of LEGAL DESCRIPTION IS N622200 F ALONG THE SOUTH RIGHT OF WA Y LING OF CAM/NO STREET J. ADD177ONS OR DELETIONS TO SURVEY MAPS OR REPORTS BY OTHER THAN THE' SIGNING PARTY OR PARTIES IS PROHI6l7£D yt97H0UT WRlrm-N CONSENT a- THE SIGNING PARTY OR PARTIES. SURVEYORS CERT/MAI-7fON,- SURVEY MAP AND REPORT OR THE COPIES THEREOF ARE NOT VALID WTTHOUT THE- SIGNA7W - AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. ROE?£RT BLOOMSIE 1 JR. PROFESSIONAL :LANlp'SURWMI? NO. 4134 STATE" Ok-FLORIDA' NOT VALID Ji HOUT SHEET 2 OF 2 BLLJ OM T .ice SHEET t OF t BCUC t` . PROFESSIONAL UWq r a ' SURVEYORS INC. 2P im GW r, rwMA L. dme 641 NORTHEAST SPENCER STREET e+ +ns1NE Bpi %' JENSEN BEACH, FLORIDA 3057 PHONE 772-334-0368 Packet Pg. 53 7.C.5.d 04-QCD.13-11/92 This instrument prepared under the direction of: aurice C. Mayes, Esq. Sketch & .Legal description Prepared ley: Bloomster Professional Land — Surveyors, Inc. (Rev. 12/2/13 - 12/11/13) Document prepared by: Grace K. Abel (01/03/14) Department of Transportation 3400 W. Commercial Boulevard Ft. Lauderdale, Florida 33309 Parcel No, N/A Item/Segment No, 2302711 Section: 94010-2511 Managing District: 04 S.R. No. 5 (U.S. 1) County: St. Lucie R E S O L U T I O N ON MOTION of Commissioner seconded by Commissioner the following Resolution was adopted: WHEREAS, the State of Florida Department of Transportation proposes to construct or improve State Road No. 5 (U.S. 1), Item/Segment No. 2302711, Section: 94010-2511, in St. Lucie County, Florida: and WHEREAS, it is necessary that certain lands that were owned by St. Lucie County, Florida, be acquired by the State of Florida Department of 'Transportation: and WHEREAS, said property was not needed for County purposes: and WHEREAS, the State of Florida Department of 'Transportation had made application to said County to execute and deliver to the State of Florida Department of Transportation a deed, or deeds, in favor of the State of Florida Department of Transportation, conveying all rights, title and interest that said County had in and to said lands required for transportation purposes, and said request having been duly considered. WHEREAS, the County having previously conveyed said lands in a deed recorded in Official Records Book 3569, Page 2996 (2997), of the Public Records of St. Lucie County Florida, has determined that said deed contains a scriveners error in the legal description and requires the recording of a Corrective County Quitclaim Deed; NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that the application of the State of Florida Department of Transportation for a corrective quitclaim deed, or deeds, for transportation purposes, is in the public or community interest and the public welfare and the land needed for transportation purposes is not needed for county purposes; that a deed, or deeds, in favor of the State of Florida Department of Transportation conveying all right, title and interest of St_ Lucie County, Florida, in and to said lands should be drawn and executed by this Board of County Commissioners. Consideration shall be $1.00 and other valuable consideration. Packet Pg. 54 7.C.5.d BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded forthwith to the State of Florida Department of Transportation at 3400 W. Commercial Boulevard, Ft. Lauderdale, Florida 33309. STATE OF FLORIDA COUNTY OF SDI', LUCIE I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Board of County Commissioners of St. Lucie County, Florida, at a meeting held on the day of 201 Print Name-_ Clerk, Board o County Commissioners Co . tuat r_of_ St. Lucie Florida Packet Pg. 55 7.C.5.e 04-0m. 13-11/52 This instrument prepared under the direction oiy Laurice C. Mayen, Ecq Sketch 6 Legal description Prepazea by: Bloomster Professional Land Surveyors, Inc. Document prepared by: Grace X. Ab,el 03-11-13 Department of Transportation 3400 W. Commercial Boulevard Ft. Lauderdale, Plorida 33309 Parcel No. N/A Item/Segment No. 2302711 Section: 94010-2511 Managing District: 04 S.R. NO. S (U.S. 1) County: St. Lucie RE a 0 L V T 1 0 X 2013-129 4N MOTION of Commissioner Kim Johnson seconded by Commissioner PaU the 'following Resolution was adopted: WMMU . the State of Florida Department of Transportation proposes to construct or improve State Road No. 5 (U.S. 11, Item/Segment No. 2302711, section: 94010-2511, in St. Lucie county, Florida: -and WHEREAS, it is necessary that certain lairds now owned by 8t. Lucie CUUAty, Florida, be acquired by the State of Florida Department of Transportation: and , said property is not needed for County purpopes: ind WHEREAS, the State of Florida Department of Transportation has made application. to said County to execute and deliver to the, State of Florida Department of Transportation a deed, or deeds, in favor of the State of Florida DePsrtmant of TransPcrtation, conveying all rights, title and interest that said County has in and to said lands required for transportation purposea, and said request having been duly considered. NOW THEREFORE, BE IT RESOLVED by the Board of County Ccz=iseioners of St. Lucie County, Florida, that the application of the state of Florida Department of Transportation for a deed, or deeds, is for transportation purposes which axe in the public or community interest and for public welfare and the land needed for transportation purposes is not needed for county Purposes; t4at a deed, or deeds, in favor of the State of Florida Department of Transportation conveyiig all right, title and interest of St. Lucie County, Florida, in and to said lands should be drawn and executed by thin Board of County Commissioners. Consideration shall be $ —0 - E 3T Ovg1m PI=LVSD that a oai°tified ccw mi this Resolvtion be rotwar8.-d f-artiwith to the State. tf TXaoaporiation at 3491D "- Cmmmarolwl-Soulevard, 'Ft. Lauder4a14, Tlebr 4^ W09. ' STATS OF FLORIDA COUNTY OF ST. LUCIE I HSRHSY CERTIFY that the foregoing is a true copy of a Resolutione2013- adopted by the Board of county Commissioners of St. Lucie County, Florida, at a meeting held on the 1 day of October 28i3 IdMi Print Natet Clerk, Boar Packet Pg. 56 1 7.C.5.e 04-QCD.12-06/93 This instrument prepared, under the direction Ktk Laurice C. Mayes, Esq J?Sketch & Legal descrin Prepared by: Bloomster Professional Land Surveyors, Inc. Document prepared by: Grace K. Abel (03-11-13) Department of Transportation 34OG W. Commercial Boulevard Ft. Lauderdale, Florida 33309 Parcel No. N/A Item/Segment No, 2302711 Section: 94010-2511 Managing District: 04 S.R. No. 5 (U-S. 1) County: St. Lucie COUNTY QUITCLAIM DEED THIS QUITCLAIM DEED, Made 241_5_, by ST. LUCIE COMM, Florida, whose address is: 2300 34982, grantor, to the STATE OF grantee: (wherever used herein include all the parties to this representatives and assigns of assigns of organizations.) this _ I day of a Dolitical bviliv4a4_ FLORIDA DEPARTMENT OF TRANSPORTATION, the terms "grantor-1 and "grantee', instrument and the heirs, legal individuals, and the successors and W1TNES3ETH: That the said grantor, for and in consideration of the sum of $1.00 and other valuable considerations, receipt and sufficiency being hereby acknowledged, does hereby remise, release and quitclaim unto the said grantee forever, all right, title, interest, claim and demand, which said grantor has, together with all other right, title, interest, claim and demand, if any, which the said grantor has in and to said parcel situate in the County of St. Lucie, Florida, viz: (See attached Exhibit "A" Legal & Sketch of Description) TO HAVE AND TO HOLD the same together with the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim whatsoever of the said grantor, either in law or equity, to the said grantee forever. IN WITNESS WHEREOF, the said grantor has caused these presents to be executed in its name by its Board of County commissioners acting by the Chairman of said Hoard, the day and year aforesaid. Packet Pg. 57 7.C.5.e ATTEST : Print Name: Clerk (or L & '11% �-, lk IF, C . V l�� Print Name: � ry M"W 'cc® Chairman Approved as to Form and CorrectrAfts By; Pri. Cou STATE OF FLORIDA COUNTY OF ST, LUCTE The foregoing instrument was acknowledged before me this day of ()ri-C) er 2013 y Mowery Chairman of the Board of County Commissioners of St. Lucie County, who is personally known to me or who has produced as identification. -- ;�MY yam: STEPHANIE BUSH MY COMMISSION # EE 077711 EXPIRES: March 27, 2015 of° Bonded Thru Notary Public Underwriters Print Name: Notary public in and for the County and State last aforesaid. My Commission Expires: Serial No., if any: N N E v a v N i O U Cn W d' N r 4 O N Cn W d' N T" M 0 N O O to N C m t V cC .r a Packet Pg. 58 7.C.5.e EXHIBIT A' LEGAL DESCRIPTION QESCR/PT/ON.- BEING A POR770N OF A 50 FOOT RIGHT OF WAY OF EN7RADA A VENUE AS SHOWN ON RIVER PARK UNIT 3, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 10, PAGE 80 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, BEING MORE PAR77CULARL Y DESCRIBED AS FOLLOWS.• BEGIN A T THE NORTHWES7E'RL Y CORNER OF LOT 2 AS SHOWN ON SAID PLA T OF RIVER PARK UNIT 3,• THENCE NORTH 6272 00" EAST, ALONG` 7HE SOUTHERL Y RIGHT OF WA Y LINE OF CAMINO STREET, A DISTANCE OF 170.00 FEET TO 7HE BEGINNING; THENCE CON771VUE NORTH 6222'00" EAST A DISTANCE - OF 55 61 FEET THENCE NORTH 274558" WEST, A DISTANCE OF 12.00 FEET. THENCE NORTH 113921" WEST, A DISTANCE OF 34.92 FEET TO A POINT ON THE EAST RIGHT RIGHT OF WAY LINE OF ENTRADA AVENUE; THENCE SOUTH 2738'00" EAST ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 425.63 FEET TO A POINT ON THE EASTERL Y PROJEC770N OF THE NORTH RIGHT OF WA Y LINE OF PRIMA VISTA BOULEVARD; THENCE SOUTH 6272'00" WEST ALONG SAID PROJECTED NORTH RIGHT OF WAY LINE, A DISTANCE OF 75. 00 FEET TO 7HE BEGINNING OF A CIRCULAR CURVE CONCA VE TO THE WEST TO WHICH A RADIAL LINE BEARS NORTH 27 J8'00" WEST, HA VING A RADIUS OF 25. 00 FEET AND A. CENTRAL ANGLE OF 90VO'oo ; THENCE RUN NORTHERL Y ALONG THE ARC OF SAID CURVE, A DISTANCE OF 39.27 FEET TO A PO/,VT ON THE WEST RIGHT OF WAY LINE OF ENT RADA AVENUE; (HENCE NORTH 2738'00" WEST, ALONG SAID WEST RIGHT OF WA Y LINE, A DISTANCE OF 340.00 FEET TO THE BEGINNING OF A CIRCULAR CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 15.00 FEET AND A CENTRAL ANGLE OF 90'00'00"; 7HENCE RUN WES7E"RLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 2156 FEET TO THE POINT OF BEGINNING. CONTAINING.- 19453.59 SQUARE FEET NorE:s- 1. 7HIS SKETCH OF LEGAL DE-SCRIP77ON DOES NOT REPRESENT A BOUNDARY SURVEY. 2. THE BEARING BASE OF .THIS SKETCH OF LEGAL DESCRIPTION IS N6222'00 "E ALONG THE S0417H RIGHT OF WA Y LINE OF CAMINO STREET. 3. ADDITIONS OR DELE77ONS TO SURREY MAPS OR REPORTS BY OTHER THAN THE S/GN/NG PARTY OR PAR77CS /S PROHIBITED WITHOUT l4eTTEN CONSENT OF 7H£ SIGNING PARTY OR PARTIES. SURVEYORS CERARCA77ON.- SURVEY MAP AND REPORT OR THE COP/ES THEREOF ARE NOT VALID WITHOUT THE SIGNATURE AND 7NE ORIG AL RAISED SEAL OF A FLORIDA L/CENSED SURVEYOR AND MAPPER. ROBERT B O STER JR. PROFESSIONAL LAND SUR YOR NO. 4134 STATE OF FLORIDA TA'. NaT mu WTI•ISCALE-: EEr 2 502 BLOOMS TER PROFESSIONAL LAND SURVE ORS. NC. 841 NORTHEAST SPENCER STREET JENSEN BEACH, FLORIDA 34957 PHONE 772-334-0568 Packet Pg. 59 7.C.5.e E alr 'A• SKETCH OF DESCRIPTION POINT OF COMMENCEMENT NW CORNER OF LOT 2, BLOCK 27 Nf.13'2J "W 'J4.92' CAM/NO smrr $ C£N7MINE PLATTED SO RIGHT-OF-WAY N274558"W 112.00' a N6272100'E f70.OD' N6222'00"E 55.81' 75 00' 95.00' POINT OF BEGINNING PLATTED SOUTH RIGHT OF=WAY LINE R= fgg.00' L= D= YOV0100" ?5' 25' 60' LOT 2 lj LOT i 111001127 BLOCK 27 ' Q LL O tcL � PORT ST. L UCIE ,WHOPPING CENTER z i05 A PORTION OF TRACT 'D, PLA T BOOK fO, PG 80 w R= 25.0 ' SH&Tr 2 OF 2 SCALE.' 1- a 509 D= 90DO'00" /� NOT MAIM WWNOUT SHEET 1 OF 2 B�r n ^M ,,, N2RADIAL tY f„� (f � f � ��1 � RADIAL PROFESSIONAL LANE} s622'00'w 7500' SURVEYORS INC. �PLAMD NOR1H RIGHT- OF- WAYLINE $4, NOR7HEAST SPENCER MEET PRIMA wsrA gow vARD JENSEN BEACH, FLORIDA 34957 PHONE 772-334-OSSB d 0 E V a 0 U w N_ 4 0 N Co w N_ M 0 N _ 0 N r a Packet Pg. 60 7.C.6 ITEM NO. RES-2014-5 AGENDA REQUEST TO: Board of County Commissioners DATE: 02/04/2014 *CONSENT AGENDA\COUNTY ATTORNEY PRESENTED BY: JoAnn Riley, Property Acquisitions Manager SUBMITTED BY: Property Acquisition Division SUBJECT: Resolution No. 2014-5 - Renaming W Avenue E to Cripple Creek Lane and W Avenue B to Jay Gardens Lane in Jay Gardens Subdivision lying in Section 11, Township 35 South, Range 39 East, St. Lucie County, Florida BACKGROUND: The Property Acquisition Division received a request from James Elliott, who has lived in the Jay Gardens Subdivision since 1978 to change the name of W Avenue E. Mr. Elliott said it was very confusing having two Avenue E's in the County. When he visited our office he said he does not receive his mail and it is a safety hazard if emergency vehicles cannot find the correct address. He tried to contact his neighbors but most of the houses on W Avenue E are being foreclosed on and the neighbors do not care what the street name is. Property Acquisitions contacted Public Safety Department and Planning and Development Services Department and neither had a problem with the name change. In fact, the Public Safety Director recommended that staff also look at W Avenue B because of the duplicate name. Mr. Elliott requested W Avenue E be named Cripple Creek Lane and staff suggested Jay Gardens Lane for W Avenue B. We sent certified letters to all property owners with no response. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends the Board approve Resolution No. 2014-5 renaming W Avenue E to Cripple Creek Lane and W Avenue B to Jay Gardens Lane, authorize the Chair to execute Resolution No. 2014-5 and direct staff to notify the appropriate Utilities, the U.S. Postal Service, the Property Appraiser, the Supervisor of Elections, and the St. Lucie County Sheriff and record the Resolution in the Public Records of St. Lucie County, Florida. Packet Pg. 61 7.C.6 COMMISSION ACTION: RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Kim Johnson, District No. 5 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson Coordination/Signatures )"I) dA'i anie s. McIntyre, C my ttorney 1/16/2014 ob entkofsky, Depu y C my Administrate 1/ /2014 Updated: 1/17/2014 10:53 AM by JoAnn Riley Page 2 Packet Pg. 62 .:— SOT f;riit low ?U s!/EO/ it/OEO r .97 J .ue.ar,irs�� 'exsy-- -- - - - --_-:--- --- -) r---- .1 P ---- ;27 26' RS P� ?3 22 ?`/9 ?0 2i PP f� V 406 was 2 I /¢ d. ti°�•�} �------ ��--s'-'4f�• I --__•� �--•-_- - 1- dA�t,.►t. .;, IN � ' 0 12 'fk 0 q SW cow, of / 0 W 1 � ` : i- \ ►13 � t3 • r•2 1-4II .0 /-S Ac /7 Lq, •�� -- -ems, _ a '.tti! sr3d 0 N ,,mo�tt N Al 89-S6'39le. 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McIntyre, County Attorney St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 RESOLUTION NO. 2014-5 DATE: February 4, 2014 A RESOLUTION RENAMING W AVENUE E TO CRIPPLE CREEK LANE AND W AVENUE B TO JAY GARDENS LANE IN JAY GARDENS SUBDIVISION LYING IN SECTION 11, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 336.05(1), Florida Statutes, authorizes the Board of County Commissioners to name and rename streets and roads lying outside the boundaries of any incorporated municipality. 2. Pursuant to Ordinance No. 87-8, Part A, St. Lucie County Code of Ordinances Section 1-17-54, there shall be no duplication of street names in St. Lucie County. 3. Pursuant to St. Lucie County Land Development Code Section 7.05.08(C)(2), streets, regardless of functional classification, which run parallel to the north -south base line (Orange Avenue) shall be called avenue, drive or some other designation beginning with a letter in the first half (A through M) of the alphabet. Street, regardless of classification, which run parallel to the east -west base line (U. S. Highway 1) shall be called terrace, place, or some other designation beginning with a letter in the second half (N through Z) of the alphabet. 4. The Property Acquisition Division received a request from James Elliott to rename W Avenue E to Cripple Creek Lane. During staff review, the Public Safety Director recommended that staff also look at W Avenue B. c 0 :r 0 N N c a� E z U 2 r Q 1 Packet Pg. 64 7.C.6.b 5. All affected property owners have been notified with a certified letter and there was no response. The Planning and Development Services Department, Public Safety Department and the Property Acquisition Division have reviewed, verified and approve the street names. 6. W Avenue E and W Avenue B rights -of -way in the Jay Gardens Subdivision, lying in Section 11, Township 35 South, Range 39 East shall be renamed as follows and more particularly shown on attached Exhibit "A": W Avenue E to Cripple Creek Lane W Avenue B to Jay Gardens Lane NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. W Avenue E and W Avenue B in the Jay Gardens Subdivision, lying in Section 11, Township 35 South, Range 39 East shall be renamed as follows and more particularly shown on attached Exhibit "A": W Avenue E to Cripple Creek Lane W Avenue B to Jay Gardens Lane B. The Property Acquisition Division is hereby directed to notify the appropriate Utilities, the U.S. Postal Service, the Property Appraiser, the Supervisor of Elections, the St. c 0 :r Lucie County Sheriff and record the Resolution in the Public Records of St. Lucie County. ' 0 N N After motion and second, the vote on this resolution was as follows: c a� E Chair Frannie Hutchinson U W Vice Chair Paula A. Lewis Q Commissioner Tod Mowery Commissioner Chris Dzadovsky Commissioner Kim Johnson PASSED AND DULY ADOPTED this 4th day of February, 2014. 2 Packet Pg. 65 7.C.6.b ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA CHAIR APPROVED AS TO FORM AND CORRECTNESS: By: COUNTY ATTORNEY S:\ACQ\WP\Street Names\W Ave B, W Ave E ]ay Gardens\Resolution.wpd 3 Packet Pg. 66 7.C.6.c W AVENUE E J d J Q z 0 Q U MOCO LN z C C Y p w c U c� z Q w z o Q O V J z Q1 w EF W AVENUE B J 77f J Q _z 0 1 U U) MILLWOOD DR ORANGE AVENUE Jay Gardens Subdivision N W Avenue B to Jay Gardens Lane " W Avenue E to Cripple Creek Lane Map prepared September 11, 2013 r a Packet Pg. 67 7.C.7 ITEM NO. RES-2014-13 AGENDA REQUEST TO: Board of County Commissioners DATE: 02/04/2014 *CONSENT AGENDA\COUNTY ATTORNEY PRESENTED BY: JoAnn Riley, Property Acquisitions Manager SUBMITTED BY: Property Acquisition Division SUBJECT: Resolution 2014-13 - Midway Road - South 25th Street East to U.S. Highway 1 - Subordination of County Utility Interests for Parcels 144.2, 153.3 and 154.3 for Florida Department of Transportation BACKGROUND: The County previously received Utility Easements from three property owners on Midway Road by an Order of Taking when the County was widening Midway Road in 1989. The Florida Department of Transportation (FDOT) will be widening this portion of Midway Road from South 25th Street East to U.S. Highway 1. While FDOT is working on Midway Road, they will need the Utility Easements in their name until they finish the work. Once the work is completed they will turn Midway Road and the Utility Easements back over to the County. PREVIOUS ACTION: June 26, 1989 - The County acquired a portion of Parcels 144, Parcel 153 and Parcel 154 by an Order of Taking for right-of-way and a 15 foot Utility Easement for the expansion of Midway Road. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board approve the Resolutions and Subordination of County Utility Interests for Parcels 144.2, 153.3 and 154.3, authorize the Chair to sign the Resolutions and Subordination of County Utility Interests for Parcels 144.2, 153.3 and 154.3 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. [fue ►] Til►�ifi;1-[9P►I_Ts"191 F Packet Pg. 68 7.C.7 RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Kim Johnson, District No. 5 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson Coordination/Signatures anie s. McIntyre, c my ttorney 1/24/2014 Faye W. Outlaw, County Administrator 1/28/2014 updated: 1/27/2014 8:55 AM byJoAnn Riley Page 2 Packet Pg. 69 Florida Department of Transportation RICK SCOTT 3400 West Commercial Boulevard GOVERNOR Fort Lauderdale, FL 33309-3421 October 29, 2013 Ms. JoAnn Riley Property Acquisition Manager St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 RE: SUBORDINATION OF UTILITY INTERESTS County Road: 712 Section No.: 94530-2510 Item/Segment No.: 229896-1 County: St. Lucie Parcel No (s). (See attached) 7.C.7.a ANANTH PRASAB, P.E. SECRETARY NOV1 1 PROP E Rl"Y ACQ itisti p01�!S Enclosed are Subordination of Utility Interests documents showing the location of parcels. Please have an authorized representative of your agency execute two (2) original subordinations and return them to me by no later than February 27, 2014. The additional copy is for your file. This document clears utilities for all right-of-way to the Florida Department of Transportation and allows the Department to construct and maintain transportation facility improvements. Enclosed is a copy of Easement Grant relative to these parcels. Please feel free to contact me by telephone or E-Mail me bruce.wallace(adot.state. fl.us . cc: File Attachments: Sincerely, Bruce A. Wallace, Utility Office District Four Department of Transportation State of Florida 954-777-4126 www.dot.state.fl.us Packet Pg. 70 SUBORDINATE UTILITY EASEMENTS TO FDOT ,s. r Q DISCLAIMER St. L.d.c My m... rb warranty. rePre.ml.donor®.r.nN•.a'h.=anr.m,s<Pa.nce...wr..Y.hm.kne...wcamPl.ten...a.ny.1 M. 9.od.1.'mfo—t-V—d.d h.r.m' 0 00150.03 9.06 Q.G9 0.12 7hereader.huuld nol rely un thu d W Provided herein fot any reason. St. Lucie Count e,P4cllydiscl.imaany represenhkunsard w.rreMrea, incFud�ng• wilheal limitatiwe the implied tt1iles r..ti—a m.reh.nt.Wt, end (�b n R.. P bwl.r pW... 51. Luce.0 ..t,.h.k...um. x UW11ly for 1. Any errors, armssions, of Insccur.ues M pro inl.—, W-v d reg.rtlless of haw aaus.d, er 2. Any der , made er action taken er n0 lake, by eny Parson In reliance upon any InSsrmaken ord—furnished h.m-d- Packet Pg. 71 7.C.7.c .ti cot C2=ZT C0MO = Alin FOB M. —� RASC NO. 99-420-CA-05 ST. 2m=z" CMMO a political) mmm subdivision of the Btatd of j k Florida, } .� Petitioner, ) , Qc • , — _ ra. ROzzRT A. MMLt and Amin A. X=W, Ma wife, - i Defendants. 1 i f2ARC8L 2) _ isx9 CAURZ came before ma on the joint motion of petitioner, ST. ZUCYR C'OUMM (COUNTY), and defendants, RODMT A. IMLLY and — JUILM R. KELLY, his wife (M=Y) and the Court being fully advLasd, --- it: is ADJUDGM an follows: 1. 2he Court has jurisdiction of the parties and tha real = _ grope-ty which is the subject of this proceeding. 2. The Court finds that, petitioner had acquired the - - following described parcel pursuant to the order of Taking dated ---;W Juno 26, 1909. Parse] Ma. 21 "—>T-- A 15.00 foot vide utility eaaeaant, the South line thereof being 40.00 feat North of and parallel with the'---� centarline of midway !toad, as par Right-cf-Ray Naintenanas Nap xaaosdad in Flat Book 20, at Fago 17, of the public record= of St. Lucie County, Florida, being mars particularly described as followas 0 7 57,7 Q Packet Pg. 72 7.C.7.c l The mu th 15.00 last of the South 22,00 feet at the loads dommihed is Offle"L ltacoxdx Amok 452 at Vag* UTI, oC the polioat records t at. Lucie C�, PlAwIda, Bald y_ 366 9kmth,, Saar" 0 Rest, St. ZWie COGO Y, Picrid�s.�P 3. CWjM shall pay RUM esventeen thousand eight hesndted -- and 0/100 ($17,800.00) dolls= as fell compeasatiora lox the pawarty taken. befandent hag PMVA aelX withdramm trem the ocaft registry the awn of elavau thousand and a/la0 ($11,000.00) dollars pursuant to the order of Taking leaviAg a halamae due E3L= of six _ thoaoand eight hundred 4$6,800.00) dollars. 4. COMM shall deposit the addlttoma cum of s1.x thousand eight hundred ($6,800.00) dollars is the aourt regiatry within too (10) days frea4 the entry of this r+ioaf Judgment. S. CMUAY *Mli forward a aback in the amount of six thousand aim hundred tea and 961-100 (56,938.96) dollars to Susie L Esteban within tan (10) days Pram the eatmy of this 84a01 sadgmant as fail payment for *onto inaurrad by Rlti.LY Lm the amount of three th maand "as humdxed tan and 96/100 ($3,910.96) dollars And atttwaas"- teas is the amount of threw thcuoand and 0/100 (63,000.00) dollars. Bch AND 6ROMM In S Pierce, at. Lnein Camaty, Florida, Chi.* day of �. Copies furnished tot Brian P. Patehen, Require - Daniel a. WxAtyre, Segndse vpeoeeroe - 4r 8aadws4 ps pok a1 Ma +mat WIN so= has - - rXI'mcdrr alifaraaillm , _ Ct 7 6 ! RE- + S 0 o Packet Pg. 73 mm udyraw rag == or Em MMM fts undozoLgo" amnad of zueord im tbo PoUtLoww aW tho Defendant ho=by move fcm the outty of tho forogolulo Flual judgmmt. DATES J.-. Florida Mc No. 907371 2300 T44=11na"MaIrw, Anwx Pft ' b Vietm Florida349e2 (407) iss-IlLs Attormy fox ST. Lum Comm 1143161 'M Wf3l PI-12 FiL Illitul 0 Cu I Packet Pg. 74 7.C.7.d UTL.03-06/93 This instrument prepared under the direction of: Dawn Raduanc, Esq. Legal Description prepared by: Pete Diaz, P.S.M. (03-26-13) Document prepared by: Grace K. Abel (09-30-13) Department of Transportation 3400 W. Commercial Boulevard Ft. Lauderdale, Florida 33309 Parcel No. 144.2 Item/Segment No. 2314402 Section: 94530-2510 Managing District: 04 C.R. No. 712 County: St. Lucie It E S O L V T I O N ON MOTION of Commissioner seconded by Commissioner the following Resolution was adopted: WHEREAS, the State of Florida department of Transportation proposes to construct or improve County Road No. 712 (Midway Road), Item/Segment No. 2314402, Section: 94530-2510, in St. Lucie County, Florida; and WHEREAS, it is necessary that certain easement rights now owned by the St. Lucie County, Florida, be used temporarily by the State of Florida Department of Transportation; and WHEREAS, said use is in the best interest of the County; and WHEREAS, the State of Florida Department of Transportation has made application to said County to execute and deliver to the State of Florida Department of Transportation a subordination of utility interest, or interests, in favor of the State of Florida, and said request having been duly considered. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that the application of the State of Florida Department of Transportation for subordination of utility interest, or interests, is for transportation purposes which are in the public or community interest and for public welfare; that a subordination of utility interest, or interests, in favor of the State of Florida Department of Transportation, in St. Lucie County, Florida, should be drawn and executed by this Board of County Commissioners. BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded forthwith to the State of Florida Department of Transportation at 3400 W. Commercial Boulevard, Ft. Lauderdale, Florida 33309. STATE OF FLORIDA COUNTY OF ST. LUCIE I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Board of County Commissioners of St. Lucie County, Florida, at a meeting held on the day of , 201 Print Name: Clerk, Board of County Commissioners St. .Lucie County, Florida Packet Pg. 75 7.C.7.e 23-UTL.02-06/93 This instrument prepared under the direction of: Dawn Raduano, Esq. Legal Description prepared by Pete Diaz, P.S.M. (03--26-13) Document prepared by: Grace K. Abel (09-30-13) Department of Transportation 3400 W. Commercial Boulevard Ft. Lauderdale, Florida 33309 Parcel No. 144.2 Item/Segment No. 2314402 Section: 94530-2510 Managing District: 04 C.R. No. 712 County: St. Lucie SUBORDINATION OF COUNTY UTILITY INTERESTS THIS AGREEMENT entered into this day of , 201 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the FDOT, and ST. LUCIE COUNTY, a political subdivision of the State of Florida hereinafter called the COUNTY. W I T N E S S E T H: WHEREAS, the COUNTY presently has an interest in certain lands that have been determined necessary for highway purposes; and WHEREAS, the proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by the COUNTY to the FOOT; and WHEREAS, the FOOT is willing to pay to have the COUNTY'S facilities relocated if necessary to prevent conflict between the facilities so that the benefits of each may be retained. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, COUNTY and FOOT agree as follows: COUNTY subordinates to the interest of FOOT its successors and assigns, any and all of its interest in the lands as follows, viz: Parcel No. 144 Item/Segment No. 2314402 Section: 94530-2510 A portion of Section 3, Township 36 South, Range 40 East, St. Lucie County, Florida, being more particularly described as follows: Commence at a found pk nail with disk stamped "R.W. HERR PLS 4907" marking the west one -quarter (W. 1/4) corner of said Section 3; thence North 00011'02" West, 88.16 feet along the west line of the Northwest one -quarter (N.W. 1/4) of said Section 3 to the north existing right (Continue on the next page) Packet Pg. 76 7.C.7.e of way line of County Road 712 (Midway Road) and the east existing right of way line of County Road 605 (Oleander Avenue) as shown on the Florida Department of Transportation Right of Way Map for Item/Segment No. 2314402, Section 94530-2510; thence South 89°42'45" East, 441.26 feet along said north existing right of way line of County Road 712 (Midway Road) to the POINT OF BEGINNING; thence North 00013'20" West, 9.75 feet; thence South 89*42'45" East, 208.71 feet; thence South 00013'20" East, 9.75 feet to said north existing right of way line of County Road 712 (Midway Road); thence North 89042145" West along said north existing right of way line, a distance of 208.71 feet to the POINT OF BEGINNING. Containing 2,035 square feet, more or less. RECORDED INSTRUMENT DATE FROM TO O.R.B.& PAGE Utility 10/30/91 Robert A. Kelly St. Lucie 0761/1908 Easement and Julie R. County, a Kelly, his wife political subdivision of the State of Florida PROVIDED that the COUNTY has the following rights: The COUNTY shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon the lands described herein in accordance with the FDOT'S current minimum standards for such facilities as required by the FDOT, Utility Accommodation Manual in the effect at the time the agreement is executed. Any new construction or relocation of facilities within the lands will be subject to prior approval by the FDOT. Should the FDOT fail to approve any new construction or relocation of facilities by the COUNTY or require the COUNTY to alter, adjust, or relocate its facilities located within said lands, the FDOT hereby agrees to pay the cost of such alteration, adjustment, or relocation, including, but not limited to the cost of acquiring appropriate easements. 2. Not withstanding any provisions set forth herein, the terms of the utility permits shall supersede any contrary provisions, with the exception of the provision herein with reimbursement rights. 3. The COUNTY shall have a reasonable right to enter upon the lands described herein for the purposes outlined in Paragraph 1 above, including the right to trim such trees, brush, and growth which might endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the FDOT's facilities. Packet Pg. 77 Of- 1=9 COUNIM, apo litical ) subdirisiea of the state of ) Florida, ) Petitioner, ) Va. 1�. mma and amn s. i 1 1� a L�l2n ChB! W. 09-920-C9a OS ".r _4 La �y L01 W an s j motion pat t ge1K, ST. LUCIN COilMV (COUM), and defendants, Ri omm MoRa", TMMWA BASS and ICB UMM BASS (MOROM/Un) and the Court being fully advised, it is AWUDM as follows$ 1. The Court has jurisdiction of the Parties and the real Property which to the subject of this proceeding. /i. Thou finds t ..aJrL�._ the 1909. q/aC LgV�"IIV' LRG \{At*==9ion of �41Aandnt Ave a and Midway Road as shown on night -of -Way Us"tenanoe Map recorded in Plat Book 20, at Page 17, of the Public records of St. LUOie County, Florida; thence run Rant, along the said costeriine of Nidwsy Road, a distance of 1360.00 feat, to a paint on the Southorly extsusion of the hest line of lands recorded in Official Renard@ nook 271, at Page $11, of said public records; thence run North, along said Nast line, a distance of 9 ! r 7.C.7.f Packet Pg. 78 7.C.7.f .60 ; thence 4", oswosrr�a f 26.i0int 4 .00 t Na of d at ri t angld tomothe c arlins of ay Road; *not run East, parallel with said centerline, a distance of 245.00 feet, to the West line of lands described in Official Records Bock 236, at Page 957, of said public records; thence run South, along said hart line, a distance of 26.65 feet, to the maintenance right-of-way line, thence run west, along said maintenance right-of-way line, a distance of 245.02 fast, to the POINT OF BEGINNING, all lying and being in Section 3, Township 36 South, Range 40 Bast, St. Lucia County, Plorida, and containing 0.150 acres, more or less. at th center in6 i teraacti of Id ay Rod as sh on Rii re Ma ord i P1 0, at Pi. , ,,� the P'u0lia aco e o St Luce 4cpunty Flori ; thence along e a d canta=H f !Midway Road; a distance of 1360.00 feet, to a point an the Southerly extension of the Heat line of lands recorded is Official Records Book 171, at page 511, of said public records; thence run North, along said West line, a distance of 40.00 feet, to the POINT OF BEGINNING; thence continue North, along said Nast line, a distance of 15.00 fast, to a int 55.00 feet North of and at right angles to the said centerline of Midway Road; thence run Bast, parallel with said centerlina, a distance of 245.00 feet, to the West line of lands described in Official Records Book 236, at Page 957, of said public records thence run nth; a g aaid,.Wsst-lane, a Astance-of, 15 w7'lorl s a jar�zl yll e a d1 tooOFBING a l 11 nT ihip36tb, ni@ A0 , 4 and annin 0.064 `-c I \ C hundred and-r 0l100 ($29,700.001 dollars an full compensation for the M. Defendant has previously withdrawn from the court 912 Packet Pg. 79 7.C.7.f 7 2)0,It]L to"', of (T� having NORQW/BASS of three thousand seven hundred ($3,700.00) dollars. 0. COUNTY shall deposit the additional sum of three thousand seven hundred and 0/100 ($3,700.00) dollars in the court registry within ton (10) days fna the entry of this yJoAl yndgmat._ S. County shall forward a check in the amount of six thousand ten and 9S/100 146,010.95) dollars to 8arle i Patches wi t 10) ys s try of this Fia t s fu pa for c aced in s t • tan and 9 /1 0 ($3,01 .9 ) dc4lare ttorp ' es• in the t of 0110D $3,000.00) doll • WM Pie Conda, this day of ��, 1991. Copien garnished to: Brian P. Patches, as Daniel 9L4L°sat<vrs. 7 JWWANIASI 7 ay 1 FASE 1913 spa m No" 4m ftd Packet Pg. 80 7.C.7.f �u ettei9 d�OOuneeZ Of zs'u d-°3+ the Psti.%aNW-111(d the Defendant hereby move for the Gutsy of the foregoing Flna1 Judgment. '-- D 1:111192 0) � 17- r 1:13 W • ! L+IAGf . D011�i! .Y • 'AOJN CLEF SI tq. !oNty cs 1 � 0761 PARI 914 Packet Pg. 81 7.C.7.g UTL.03--06/93 This instrument prepared under the direction of: Dawn Raduano, Esq. Legal Description prepared by: Pete Diaz, P.S.M. (03-26-13) Document prepared by: Grace K. Abel (09-30--13) Department of Transportation 3400 W. Commercial Boulevard Ft. Lauderdale, Florida 33309 Parcel No. 153.3 Item/Segment No. 2314402 Section: 94530--2510 Managing District: 04 C.R. No. 712 County: St. Lucie R E S O L U T I O N ON MOTION of Commissioner seconded by Commissioner the following Resolution was adopted: WHEREAS, the State of Florida Department of Transportation proposes to construct or improve County Road No. 712 (Midway Road), Item/Segment No. 2314402, Section: 94530-2510, in St. Lucie County, Florida; and WHEREAS, it is necessary that certain easement rights now owned by the St. Lucie County, Florida, be used temporarily by the State of Florida Department of Transportation; and WHEREAS, said use is in the best interest of the County; and WHEREAS, the State of Florida Department of Transportation has made application to said County to execute and deliver to the State of Florida Department of Transportation a subordination of utility interest, or interests, in favor of the State of Florida, and said request having been duly considered. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that the application of the State of Florida Department of Transportation for subordination of utility interest, or interests, is for transportation purposes which are in the public or community interest and for public welfare; that a subordination of utility interest, or interests, in favor of the State of Florida Department of Transportation, in St. Lucie County, Florida, should be drawn and executed by this Board of County Commissioners. BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded forthwith to the State of Florida Department of Transportation at 3400 W. Commercial Boulevard, Ft. Lauderdale, Florida 33309. STATE OF FLORIDA COUNTY OF ST. LUCIE I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Board of County Commissioners of St. Lucie County, Florida, at a meeting held on the day of , 201 Print Name• Clerk, Board of County Commissioners St. Lucie County, Florida Packet Pg. 82 7.C.7.h �3 ► y��� P Sq-3 . 1132020 1 e:. =tN COtI ay� tiosl 8aleht of the lttste of htitiaaar, va. MMOM A. XMY and awe 31. MMt, hla WU%, Defendants. Qftw Crnc arm OWNUMU Mzcz= cslwwlz: I"AtW, sr M M ask. c�mms MUD& arex 1w. 89-420-et- S T=s CMB cam before me on the joint motion of petitioner, 8T. werz COUM (COUMI, and defoodants, at= R=D Tun= (TUMAT), and the Court being fully advised, it is fB. LqX= as followal 1. The Court Us jurLsdictiou of the parties and the areal property which is the subject of this proceeding. 2. The Court finds that petitioner bus acquired the following described parcel pursuant to the Order cf Taking dated June 26, 1999. ldhlifl-Nb-,.J1 COMINOnce at the centerline intersection of Oleander Aveaae cad Oid+ray Road as shown on Right -off -way Maint•usaes Map hreoordad in plat Book 20, at page 17, of the public x0aards of ft. Lucia County, Plovidal thence rua x4wt along the said centerliue of Kid" Hoed, a diatoms at 1405.00 feet, to a point on the 8outli ft 6 tension of the lhet line of lands recorded in Offioia], 11aac1da Book 236, at P • 837, et said pp�lie s+eoardst thsace hren 1osth, along said Meet line, a distance of 13*33 toot, to the AI QLr MMMM gi theme continue ltorth, along said Nest line, a diatano• at 26.93 feet, to' a point 40.00 fast 1larth of and at tight angles to 10753 iw'2063 Packet Pg. 83 7.C.7.h the said centerline of Midway Road; thence run Rast, parallel with said aeutarline, a distance of 83.00 feet, to the Rost Line of lands described in Official Records Book 236, at Page 837, of said publics records; thence can South, along said !fast line, a distance of 20.70 feet, to the maintenance rightwol- way line; thence tun Best, along raid maintenance right-of-way line, a distance of 83.21 feet., to the WWI OF riBcil m1no, all lying and seeing in section 3, Township 36 South, Range 40 Nast, at. Lucia County, Florida, and containing 0.046 acres, sore or loos. and a tifto" V5) font utility eaaaaant for the initalLation ftaiatenarace, Operation,. rap sir, .xe�lscss aeAt# or. renewal ..of elecLrie:tel, •utter, sewer, and gas utiliti><s over the :following dasoribed.prapmrty;; Comassnce at the centerline intersection of Olesnder Avenue and Midway Road an ahoms an Right -of -flay Maintenance Map recorded in flat Book 20, at Page 17, of the public reanrds of St. _xuois County, Florida; thane run East, along the said centerline of Midway Road, a distance of 1605.00 feet, to a point on the Southerly extension of the Meat liras of loads recorded in Offic{sl Records Back 336, at Page $37, of raid public raaordsf thence run !forth, along said Kest line, a distance of 40.00 feat, to the pOWT OF BEGINKMO; thence continue North, along said West lies, a distance of 13.00 feet, to a point 55.00 lest North of and at aright anglas to the said centerline of Midway Resdf thence run east, parallel with said centorline, a distance of 85.00 test, to the east , line of lands described in official Sscards gook 236, at Page 837, of said public records; thence run south, along said Last Una, a distance of 15.00 feet, to the north right-of-way line; thence run hest, along mAdA North right-of-way linea distance of 86.00 feet, to the ForW OF RS,gINNIRC, all i uj and being in Section 3, romship 36 South, Range 40 Bust, St. Lucia County, Florida, and containing 0.029 acres, more or less. 3. COUNTY shall pay 9'uMv fifteen thousand and 0/100 ($15,000.00) dollars ae full compensation for the property taken. Defendant has previously withdrawn ,from the court registry the Rum Of eleven thousand six hundroid and 0/100 ($11,600.00) dollars pursuasrt to the Order of takltag leaving a balance due TURLEy of three thousand four hundred (43,400.00) dollars. 4. COUNTY shall deposit the additional tun of three thousand four hundred ($3,400.00) dollars in the court registry within tan 110753 4 Packet Pg. 84 7.C.7.h (10) day* from the entry of thie tlpal Judpent. 0. County shall fosrard a oheak in the ummmt of throe thoueaad tour hundred forty AM 0/100 (63,410.00) dollwo to v ill, Criffin, Jeffxiee f Lloyd vuhia tea (10) days irm the entry of We Final Jodgimant as full paysMt for Costs inou Ted by I is the amougt of Doe thaneand live bwWimd and 01100 01,300.00) dollars and attorney#' foss in the Im=nt of On thoumw airs hundred forty and O/100 {$1,040.00) dollars. WaS no Camp in mat puree, 0t. tueie County, Florida, this 19F44Y of —41 1" Olv� Copies tUmished tot 3a. St *eft ismay, III, Novel" . Bapir* il�IWtihehsdls00ttE� art rtt�twWwwr t 4Mi lMO•i tlbw to Yr�st�OwtruM Packet Pg. 85 7.C.7.h F ' J I fhe umo rsigned amm"I of r*mu for the petitioner and the Oefeadant hereby afovs far the entry of the fprogaing Final } aftdgoeA�. dry,; Florida Bar Ito. A 71 �18ILL _A?Ilf .7i3�lRIgB i um ouR Attorne 230O Y�irgiuls Ruin, &wm �Fort �pi soil7tlorida 34984 fort Pierce, Florida 34902 4071 ili4-8300 t4a7j 468-1413 Attorneys for ituf Attorney for 82. LUCXB mom 1132020 9! W-A AM ED 1.1 0 NIII wirv.f P0753 K2066 Packet Pg. 86 7.C.7.i 23-UTL.02-06/93 This instrument prepared under the direction of: Dawn Raduano, Esq. Legal Description prepared by: Pete Diaz, P.S.M. (03-26-13) Document prepared by: Grace K. Abel (09-30-13) Department of Transportation 3400 W. Commercial Boulevard Ft. Lauderdale, Florida 33309 Parcel No. 153.3 Ttem/Segment No. 2314402 Section: 94530-2510 Managing District: 04 C.R. No. 712 County: St. Lucie SUBORDINATION OF COUNTY UTILITY INTERESTS THIS AGREEMENT entered into this day of , 201 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the FDOT, and ST. LUCIE COUNTY, a political subdivision of the State of Florida hereinafter called the COUNTY. W I T N E S S E T H: WHEREAS, the COUNTY presently has an interest in certain lands that have been determined necessary for highway purposes; and WHEREAS, the proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by the COUNTY to the FDOT; and WHEREAS, the FDOT is willing to pay to have the COUNTY'S facilities relocated if necessary to prevent conflict between the facilities so that the benefits of each may be retained. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, COUNTY and FDOT agree as follows: COUNTY subordinates to the interest of FDOT its successors and assigns, any and all of its interest in the lands as follows, viz: Parcel No. 153 Item/Segment No. 2314402 Section: 94530-2510 A portion of Section 3, Township 36 South, Range 40 East, St. Lucie County, Florida, being more particularly described as follows: Commence at a found pk nail with disk stamped "R.W. HERR PLS 4907" marking the west one -quarter (W. 1/4) corner of said Section 3; thence North 00011102" West, 46.16 feet along the west line -of the northwest (Continue on the next page) Packet Pg. 87 7.C.7.i one -quarter (N.W. 1/4) of said Section 3 to the Baseline of Survey of County Road 712 (Midway Road) as shown on the Florida Department of Transportation Right of Way Map for Item/Segment No. 2314402, Section 94530-2510; thence South 89'42'45" East, 1,308.27 feet along said Baseline of Survey; thence North 00017115" East, 40.00 feet along a line at a right angle to the.last described course to the north existing right of way line of said County Road 712 (Midway Road) and the POINT OF BEGINNING;'thence North 00°17'15" East, 15.05 feet; thence North 89000138" East, 25.24 feet; thence South 89°40'58" East, 219.89 feet; thence South 00017'15" West, 15.50 feet to said north existing right of way line of County Road 712 (Midway Road); thence North 89042145" West, 245.13 feet along said north existing right of way line to the POINT OF BEGINNING. Containing 3,807 square feet, more or less. RECORDED INSTRUMENT DATE FROM TO O.R.B.& PAGE Utility 10/30/91 Harmon Morgan, St. Lucie 0761/1911 Easement Theresa Bass County, a and Kenneth political Bass subdivision of the State of Florida PROVIDED that the COUNTY has the following rights: 1. The COUNTY shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon the lands described herein in accordance with the FDOT'S current minimum standards for such facilities as required by the FDOT, Utility Accommodation Manual in the effect at the time the agreement is executed. Any new construction or relocation.of facilities within'the lands will be subject to prior approval by the FDOT. Should the FDOT fail to approve any new construction or relocation of facilities by the COUNTY or require the COUNTY to alter, adjust, or relocate its facilities located within said lands, the FDOT hereby agrees to pay the cost of such alteration, adjustment, or relocation, including, but not limited to the cost of acquiring appropriate easements. 2. Not withstanding any provisions set forth herein, the terms of the utility permits shall supersede any contrary provisions, with the exception of the provision herein with reimbursement rights. 3. The COUNTY shall have a reasonable right to enter upon the lands described herein for the purposes outlined in Paragraph 1 above, including the right to trim such trees, brush, and growth which might endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the FDOT's facilities. Packet Pg. 88 7.C.7.j UTL.03-06/93 This instrument prepared under the direction of: Dawn Raduano, Esq. Legal Description prepared by: Pete Diaz, P.S.M. (03-26-13) Document prepared by: Grace K. Abel (09-30-13) Department of Transportation 3400 W. Commercial Boulevard Ft. Lauderdale, Florida 33309 Parcel No. 154.3 Item/Segment No. 2314402 Section: 94530-2510 Managing District: 04 C.R. No. 712 County: St. Lucie R E S O L U T I O N ON MOTION of Commissioner seconded by Commissioner the following Resolution was adopted: WHEREAS, the State of Florida Department of Transportation proposes to construct or improve County Road No. 712 (Midway Road), Item/Segment No. 2314402, Section: 94530-2510, in St. Lucie County, Florida; and WHEREAS, it is necessary that certain easement rights now owned by the St. Lucie County, Florida, be used temporarily by the State of Florida Department of Transportation; and WHEREAS, said use is in the best interest of the County; and WHEREAS, the State of Florida ➢epartment of Transportation has made application to said County to execute and deliver to the State of Florida Department of Transportation a subordination of utility interest, or interests, in favor of the State of Florida, and said request having been duly considered. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that the application of the State of Florida Department of Transportation for subordination of utility interest, or interests, is for transportation purposes which are in the public or community interest and for public welfare; that a subordination of utility interest, or interests, in favor of the State of Florida Department of Transportation, in St. Lucie County, Florida, should be drawn and executed by this Board of County Commissioners. BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded forthwith to the State of Florida Department of Transportation at 3400 W. Commercial Boulevard, Ft. Lauderdale, Florida 33309. STATE OF FLORIDA COUNTY OF ST. LUCIE I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Board of County Commissioners of St. Lucie County, Florida, at a meeting held on the day of 201 Print Name• Clerk, Board of County Commissioners St. Lucie County, Florida Packet Pg. 89 7.C.7.k 23--UTL.02-06/93 This instrument prepared under the direction of: Dawn Raduano, Esq. Legal Description prepared by: Pete ❑iaz, P.S.M. (03-26-13) Document prepared by: Grace K. Abel (09-30-13) Department of Transportation 3400 W. Commercial Boulevard Ft. Lauderdale, Florida 33309 Parcel No. 154.3 Item/Segment No. 2314402 Section: 94530-2510 Managing District: 04 C.R. No. 712 County: St. Lucie SUBORDINATION OF COUNTY UTILITY INTERESTS THIS AGREEMENT entered into this day of , 201 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the FDOT, and ST. LUCIE COUNTY, a political subdivision of the State of Florida hereinafter called the COUNTY. W I T N E S S R T H: WHEREAS, the COUNTY presently has an interest in certain lands that have been determined necessary for highway purposes; and WHEREAS, the proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by the COUNTY to the FDOT; and WHEREAS, the FDOT is willing to pay to have the COUNTY'S facilities relocated .if necessary to prevent conflict between the facilities so that the benefits of each may be retained. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, COUNTY and FDOT agree as follows: COUNTY subordinates to the interest of FDOT its successors and assigns, any and all of its interest in the lands as follows, viz: Parcel No. 154 Item/Segment No. 2314402 Section: 94530-2510 A portion of Section 3, Township 36 South, Range 40 East, St. Lucie County, Florida, being more particularly described as follows: Commence at a found pk nail with disk stamped "R.W. HERR PLS 4907" marking the west one; -quarter (W. 1/4) corner of said Section 3; thence North 00°11102" West, 48.16 feet along the west line of the northwest (Continue on the next page) Packet Pg. 90 7.C.7.k one -quarter (N.W. 1/4) of said Section 3 to a point on the Baseline of Survey of County Road 712 (Midway Road) as shown on the Florida Department of Transportation Right of Way Map for Item/Segment No. 2314402, Section 94530-2510; thence South 89042'45" East, 1,553.39 feet along said Baseline of Survey; thence North 00017115" East, 40.00 feet along a line at a right angle to the last described course to the north existing right of way line of said County Road 712 (Midway Road) and the POINT OF BEGINNING; thence North 00'17'15" East, 15.50 feet; thence South 89°40'58" East, 85.00 feet; thence South 00°17'15" West, 15.45 feet to said north existing right of way line of County Road 712 (Midway Road); thence North 89042'45" West, 85.00 feet along said north existing right of way line to the POINT OF BEGINNING. Containing 1,315 square feet, more or less. RECORDED INSTRUMENT DATE FROM TO O.R.B.& PAGE Utility 08/29/91 Ellis Reed St. Lucie 0753/2063 Easement Turley County, a political subdivision of the State of Florida PROVIDED that the COUNTY has the following rights: The COUNTY shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon the lands described herein in accordance with the FDOT'S current minimum standards for such facilities as required by the FDOT, Utility Accommodation Manual in the effect at the time the agreement is executed. Any new construction or relocation of facilities within the lands will be subject to prior approval by the FDOT. Should the FDOT fail to approve any new construction or relocation of facilities by the COUNTY or require the COUNTY to alter, adjust, or relocate its facilities located within said lands, the FDOT hereby agrees to pay the cost of such alteration, adjustment, or relocation, including, but not limited to the cost of acquiring appropriate easements. Not withstanding any provisions set forth herein, the terms of the utility permits shall supersede any contrary provisions, with the exception of the provision herein with reimbursement rights. 3. The COUNTY shall have a reasonable right to enter upon the lands described herein for the purposes outlined in Paragraph 1 above, including the right to trim such trees, brush, and growth which might endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the FDOT's facilities. Packet Pg. 91 7.C.8 ITEM NO. RES-2014-14 TO: PRESENTED BY: SUBMITTED BY: BACKGROUND: AGENDA REQUEST Board of County Commissioners JoAnn Riley, Property Acquisitions Manager Property Acquisition Division DATE: 02/04/2014 *CONSENT AGENDA\COUNTY ATTORNEY Resolution 2014-14 - MIDFLORIDA Credit Union - Pedestrian Easement - Business Park Drive and U.S. Highway 1 A condition of site plan approval for MIDFLORIDA Credit Union is to provide the County with a Pedestrian Easement to connect to an existing sidewalk already in place along Business Park Drive. We have attached the Pedestrian Easement for your review and acceptance. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board accepts the Pedestrian Easement, authorize the Chair to sign the Resolution and direct staff to record the documents in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Kim Johnson, District No. 5 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson Packet Pg. 92 7.C.8 Coordination/Signatures anie 5WMInt,,eCgd'nt, orney 1/24/2014 Faye W. Outlaw, County Administrator 1/28/2014 Updated: 1/27/2014 8:03 AM by Shane A. DeWitt Page 2 Packet Pg. 93 52r. MIDFLORIDA CREDIT UNION 5 tP 9� in 6 i y - cti r c E aD P � w p a� w t 0 N F Lu ' W C O r R O .Ily Vie. si E V BUSINESS PARK DR lop li• DISCLAIMER St. Lucie County makes no wananty, raga 1dW hon - guaranty es to gS coolant, sequence, accuracy, timallrteas, orwmpletanesa of arty of Ne geodete informaRi' gcvltletl herein. Tha reader stwuld not rely en the data provided hare; toe any,. 81. L SI, Lucia Coaaty &tplicitly diedaimo any rapreaee ... aetlwarre�u¢6, mtldding, wkhem limltetion, the Implietl amlee ermerchemebulty .nd omeaelar a pemcalaaw*pose. sl. Luck coumv �nen esarmte no namllzy ra: i.anr snare. am;a�ona, eE mecwracle. m me iMormatlen pmvNed ra0artllesa of how causatl', ar 2. pny tlecision made or action taken ar not taken by any person In reliance upon enyinkamellon or data lurnished hereunder. a C.001M0035 0.007 0.0105 c,014 Miles Packet Pg. 94 7.C.8.b _ 41 STOP M 0014C WALK O /` ` 1 Ts r IF ❑ ❑ 1 ° \ \ r LLI 3 O2 O CONG. FADS 5'x 8'x 4" THICK CONC. PAD FOR - -_� GENERATOR ADA WARNING'' u \ N }� :f EXISTING COVERED ENTRY N STRIP ONE STORY d ]I� MASONRY BUILDING I Y HANDICAP \ cn Lu COLUmNs ADA WARNING V 11 m \ \ \ \ 1 \ ] A.I ! \ \ 1 \ PROPOSED \'� \ N PARKING STRIPE \. ..\'', \'\ �\ �:., �5i, (n � z3 z3 3 PARKING 3D' SPACES PROPOSED 12-x 30' LOADING SPACE �'II 5 PARKING SPACES / I '.l .1 t Il - -.\ \ 'il (D 6 PARKING SPACES I, LW d STREET SIGN ESNr O.R. 1007, PG. T489} 1j PE EESTRIAN _ .y a 5' GONC. SIDEWALK \ % IL .._.._ .._— -_.,J i �g66 L''' O Y / 9� � ` � \DDN — �_._ _, 5.57• % fC U Lr CURB k GUTTER EDP t%.8� O CURa .,TER WARNING DETECTORS CURB RAMP PER INDEX 304 J PER FDOT 4NDEX 307 PER (BOTH SIDES) —GRASS - ADA WARNING N.... STRIP ISLAND— \.....�. i CENIE'RL1NE OF R-D-II �-_- - -_J for BUSINESS PARK DRIVE 2' c RE s GUTiER \ BUSINESS PARK DRIVE 60' RIGHT-OF-WAY Packet Pg. 95 This instrument prepared by: 7.C.8.c under the direction of Daniel S. McIntyre, County Attorney St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 PROJECT: MIDFLORIDA Credit Union PARCEL I.D.: 341450118110003 PEDESTRIAN EASEMENT THIS INDENTURE, made this day of January, 2014, between MIDFLORIDA Credit Union, whose address is 129 S. Kentucky Ave., Suite 700, Lakeland, Florida 33801 (GRANTOR) and ST. LUCIE COUNTY, a political subdivision of the State of Florida, whose address is 2300 Virginia Avenue, Fort Pierce, Florida 34982, (GRANTEE); WITNESSETH, that said GRANTOR, for and in consideration of the sum of Ten and 00/1.00 ($10.00) Dollars, and other good and valuable considerations to said GRANTOR in hand paid by said GRANTEE, the receipt whereof is hereby acknowledged, does E hereby convey and grant to ST. LUCIE COUNTY, a political subdivision of the State of Florida, as GRANTEE, a perpetual exclusive m Easement, for the construction, installation, maintenance, operation, repair, and replacement of a sidewalk through, in, under, w upon, along, over and across the following described land in St. Lucie County, Florida, to -wit: r_ 2 SEE ATTACHED LEGAL SKETCH AND DESCRIPTION a� GRANTOR hereby reserves the ownership of said strip of land for any use or purpose not inconsistent herewith or that m a interferes with the use by GRANTEE, but in no event shall any buildings, structures or other improvements be erected or placed on, under, through or above strip of land by the GRANTOR. w o: GRANTOR hereby covenants and warrants that it owns the said land and has the right to grant this Easement. 4 IN WITNESS WHEREOF, the GRANTOR has caused these presents to be executed in its name, and has placed its hands and N seals the day and year first above written. w IN WITNESS WHEREOF, the undersigned Grantors have hereunto set their hands and seals this € P 'day of 2014. a� m WITNESSES: MIDFLORIDA Credit Union w r nn L O d It'sWeSup�rt rvice rporate aSTATE OF -e 6)A'. i�i"� r COUNTYOFCf t I HEREBY CERTIFY, that on this day, before me, an officer duly authorized to take acknowledgments, personally appeared CU Kathy Britt it's Chief Support Services, Corporate of MIDFLORIDA Credit Union, on behalf of the corporation, known to be the Q person(s) described in and who executed the foregoing Pedestrian Easement that she acknowledged before me that she executed the same. I relied upon the following form(s) of identification of the above named person(s) ` .5 `an oath (was / was not) taken. WITNESS my hand and official seal in the County and State last aforesaid this /� 41t day of er 2014. (Notary Sta RHONDA S OLIVA Notary Public - State of Florida r" a My Comm. Expires Nov 28, 2014 Commission # Et 45407 NOT 0— Packet Pg. 96 7.C.8.c Legal Description and Sketch Section 26, Township 36 South, Range 40 East, St. Lucie County, Florida SCALE 1" = 10' WEST LINE OF LOT 8 AND THE WEST LINE OF SECTION 26. TOWNSHIP 36 SOUTH, RANGE 40 EAST Description: ion: POINT OF COMMENCEMENT THE INTERSECTION OF WEST LINE OF LOT 8 AND WEST RIGHT-OF-WAY LINE OF U.S, HIGHWAY 1 G. ut �;• ,. rn An easement for pedestrian, construction and maintenance purposes over, under and across a parcel of land lying within Lot 11, Block 2. Section 26, Township 36 South, Range 40 East, as shown on the map of St. Lucie Gardens, a subdivision according to the plot thereof recorded in Plat Book 1, Page 35, Public Records of St. Lucie County, Florida, being described as follows; Commence at the intersection of the west line of Lot 8, Block 2, of said St. Lucie Gardens and the west right—of—way line of U.S. Highway 1; thence South 27'31'37' East, 1700.91 feet, along said west right—of—way of U.S. Highway 1 to a point of reference being North 27'31'37" West, 229.54 feet from the northeast corner of St. Lucie Business Park, as recorded in Plat Book 28, Pages 9 and 9A, Public Records of St. Lucie County, Florida, thence continue South 2r31'37" East, along sold west right—of—way line, 223.97 feet to the Point of Beginning; thence continue South 27'31'37' East, along said west right—of—way line, 5.57 feet to the aforesaid northeast corner of St. Lucie Business Park; thence North 89'42'05" West, along the north line of sold St. Lucie Business Park, 17.89 feet; thence North 7226'29' East, leaving said north line of St. Lucie Business Park, 16.06 feet to the Point of Beginning. Said parcel containing 44 square feet, more or less. Surveyor's Notes: LOT 10 BLOCK 2 (ST, LUCIE GARDENS) I. This is not a boundary survey. P.B. 1, PG. 35 2. Bearings are based on the north line of ST. LUCIE BUSINESS PARK, as recorded in Plat Book 28, Pages 9 and 9A, Public Records of Port St. Lucie, Florida, being South 89'42'05" East. 3. This Legal Description and Sketch has been prepared without benefit of Title Commitment and Is subject to any Dedications, Limitations, Restrictions, Reservations, Easements, Right —of —Ways, Agreements and/or other matters of record in Polk County, Florida, other than those shown hereon. Revision #1 — 01/13/2014—Revised legal SHEET JOB NO. DATE 1 of 1 2150 12/30/2013 NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER N LINE OF ST. LUCIE BUSINESS PARK (P.B. 28, PG 9 & 9A) `moo WEST RIGHT—OF—WAY LINE \ / — OF U.S. HIGHWAY 1 POINT OF REFERENCE SAID POINT BEING N 27'31'37' W 229.54' NORTHWESTERLY FROM THE NE CORNER OF ST. LUCIE BUSINESS PARK (P.B. 28, PG 9 & 9A) z LOT 11 BLOCK 2 at'v, �' (ST. LUCIE GARDENS) ''p P.B. 1, PG. 35 tee PROPOSED PEDESTRIAN p EASEMENT CONTAINING 44 SQUARE FEET, MORE OR LESS BUSINESS PARK DRIVE 60 ' PLATTED RIGHT—OF—WAY (P.B. 28, PG. 9 & 9A) RIGHT—OF—WAY LINE POINT OF BEGINNING OC S 27"31'37" E --'- 5. 57' N 89'42'05" W---" �Q. NE CORNER OF ST, LUCIE BUSINESS PARK (P.B. 28, PG 9 & 9A) CREW CHIEF... FIELD DATE DRAWN BY LSS I, THE UNDERSIGNED AS REPRESENTATIVE OF RAPID SURVEYING, INC., HEREBY CERTIFIES THAT THIS LEGAL DESCRIPTION AND SKETCH MEETS OR EXCEEDS THE MINIMUM TECHNICAL STANDARDS FOR SURVEYS SET FORTH BY CHAPTER 5J-17, OF THE FLORIDA ADMINISTRATIVE CODE PURSUANT TO SECTION 472.027 FLORIDA STATUTES. DANNY R. GANN, P.S.M. NO. 6188 STATE OF FLORIDA DATE RAPID SURVEYING, INC, 2126 East Edgewood Drive Suite 1 Lakeland, Florida 33803 PROFESSIONAL SURVEYORS & MAPPERS LICENSED BUSINESS LB. p7566 EMAIL: RSICRAPIDSURVEYING.NET PHONE (863)668-9124 FAX (863) 668-9091 P: LAND PROJECTS 2004 2150—Mldflorida Port St Luc dw -----_-_-- y g ssi-2150—Bndry Topo Survey—Rev4—S&S.dwg Jan 13, 2614 9:16 am Packet Pg. 97 7.C.8.d RESOLUTION NO. 2014-xxx A RESOLUTION ACCEPTING A PEDESTRIAN EASEMENT ON BUSINESS PARK DRIVE ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that: The foregoing Pedestrian Easement is duly accepted on behalf of St. Lucie County this 4t" day of February, 2014. ATTEST: CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA RMS APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY Packet Pg. 98 ITEM NO. (ID # 1884) DATE: 02/04/2014 AGENDA REQUEST *CONSENT AGENDA\COMMUNITY SERVICES TO: Board of County Commissioners PRESENTED BY: Diana Wesloski, Housing Manager SUBMITTED BY: Housing Services Division SUBJECT: DeMaio-Severe Repetitive Loss Agreement Amendment BACKGROUND: The Severe Repetitive Loss (SRL) agreement grant program was authorized by the Bunning-Bereuter- Blumenaur Flood Insurance Reform Act of 1968 to provide funding to reduce or eliminate the long term risk of flood damage to severe repetitive loss structures. Mr. and Mrs. John DeMaio executed a Severe Repetitive Loss Mitigation Grant Agreement dated July 20, 2010. The total original project cost was $71,155. The agreement states that the homeowner will contribute 10% of the project amount not to exceed $7,115.50. The remaining 90% in the amount of $64,039.50 will be reimbursed to the County by the Florida Division of Emergency Management (FDEM). Since this time, the project cost has increased due to changes in the scope of work. The current project cost is $197,716.00. The homeowner contribution has increased to $19,771.60 and $177,944.40 will be reimbursed to the County by FDEM. PREVIOUS ACTION: July 20, 2010 - The Board approved executing Severe Repetitive Loss (SRL) agreements with six homeowners. FINANCIAL IMPACT: Sufficient funds are available in the Severe Repetitive Loss Maintenance Improvment Projects fund (001527-5420-546200-500). RECOMMENDATION: Requesting authorization and approval for the Chair to sign the revised Severe Repetitive Loss Mitigation Grant Agreement (subsequent agreement C10-07-356) as drafted by the County Attorney's office. lfue ►] "Wifl;1-1L9P►I_Ts"191 F Packet Pg. 99 RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Kim Johnson, District No. 5 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson Coordination/Signatures yder, Community Services Dir r 1/27/2014 Heather Young, Asst. County Attorney 1/28/2014 Faye W. Outlaw, County Administrator 1/28/2014 Updated: 1/28/2014 5:42 PM by Faye W. Outlaw Page 2 Packet Pg. 100 C/o .0 ! "35�6 SEVERE REPETITIVE LOSS MITIGATION GRANT AGREEMENT (Elevation and Reconstruction Mitigation Projects) The SEVERE REPETITIVE LOSS MITIGATION GRANT AGREEMENT (the Agreement) is entered into this �'Q day of (month), 2010 (hereinafter referred to as the "Effective Date") by and betwee the 9t. Lucie County Board of County Commissioners, Florida, (hereinafter referred to as the "County") and John and Deborah Demaio the property owner at 10701 South Ocean Drive, Venture III, Lot 925, Jensen Beach, FL 34957 (hereinafter referred to as the "Recipient"). WHEREAS, the United States Congress, through an appropriation to the Federal Emergency Management Agency (FEMA), has made available to the County, Severe Repetitive Loss (SRL) funds for flood mitigation projects; and WHEREAS, the goals of the SRL program include assisting States and communities in implementing flood mitigation projects to reduce the risk of flood damage to National Flood Insurance Program (NFIP) insurable structures; and WHEREAS, the County, on behalf of the Recipient, has applied for and had approved, SRL program funds (herein "Program Funds"); and WHEREAS, the Recipient represents that he possesses the requisite skills, knowledge, financial capability and experience to perform the flood mitigation Project and other activities as provided herein, and now therefore; FOR AND IN CONSIDERATION OF THE MUTUAL PROMISES AND COVENANTS MADE AND AGREED UPON HEREIN, THE COUNTY AND THE RECIPIENT DO MUTUALLY AGREE AS FOLLOWS: (1) SCOPE OF WORK, REPRESENTATIVE AND WARRANTIES: 1.01 The Recipient shall fully perform the flood mitigation Project attached hereto as Attachment A, A-1 and A-2 (herein the "Project"), in accordance with the approved scope(s) of work indicated therein, the allocation of funds indicated therein, and the terms and conditions of this Agreement. Recipient shall comply with all applicable codes and standards in performing the work under this Agreement. 1.02 Recipient represents and warrants that the structure proposed for assistance from this Agreement is currently covered by a flood insurance policy, and shall remain so insured for the life of the property. Recipient represents and warrants that the proposed Project described in Attachment A-2 is cost-effective, i.e., costs no more than the anticipated net present value of the reduction in both direct damages and subsequent negative impacts to the area if future floods were to occur. 1.03 In performing the Scope of Work, Recipient agrees to ensure performance of all activities described in Attachment A, A-1 and A-2 to the satisfaction of the County and the requirements of the SRL program. Packet Pg. 101 7.D.a 1.04 Recipient represents and warrants that the Project must be completed to at least one foot, above the Base Flood Elevation (BFE) or an Advisory Base Flood Elevation (ABFE), may be as high as two feet above Base Flood Elevation or an Advisory Base Flood Elevation (ABFE), and may be higher if required by any state law or local ordinance, and in accordance with criteria established in the SRL 2008 Guidance available at http://www.fema.goy/aovernment/arant/ srVfy2008.shtm. 1.05 Recipient represents and warrants that any project mitigation reconstruction activities must result in an approximation of the original square footage of the structure. The square footage of all resulting structures shall be no more than 10 percent greater than that of the original structure. The final square footage will be verified at the time of subgrant closeout for compliance with this requirement. 1.06 The following documents are required before closeout can be completed: 1.06 a. Recipient shall assure that a Certificate of Occupancy and Final Elevation Certificate for each structure in the Project are submitted to the County to certify that the structure is code compliant 1.06 b The County will record the deed restrictions for each property, including any mitigation reconstruction project deed requirements. 1.06 c. Recipient shall assure that a certification from a building official or licensed design professional is obtained and submitted to the County verifying that, for any mitigation reconstruction project, the structure was designed and constructed to the minimum standard of the 2003 International Codes. 1.07 Recipient represents and warrants that when the Project is implemented, all structures that will not be demolished or relocated out of the Special Flood Hazard Area (SFHA) must be covered by an NFIP flood insurance policy to an amount equal to the project cost or to the maximum limit of coverage made available with respect to the particular property, whichever is less. 1.08 Recipient represents and warrants that the Project must follow all applicable state, local and federal laws, regulations, requirements, and obtain (before starting Project work) and comply with all required permits and approvals. If start of work is delayed for a year or more after April 13, 2010, then coordination with and project review by the appropriate regulatory agencies must be redone. 1.09 Recipient represents and warrants that any change, addition, or supplement to the approved Project Scope of Work that alters the project (including other work not funded by Federal resources through the Florida Division of Emergency Management, but done substantially at the same time) will require re -submission of the application to FEMA for the National Environmental Policy Act (NEPA) re-evaluation before starting Project work. Packet Pg. 102 1 7.D.a (2) FUNDING 2.01 The parties agree that the monetary amount to mitigate the Recipient's home at 10701 South Ocean Drive, Venture III, Lot 925, Jensen Beach, FL 34957 is approximately $71,155.00, as detailed in Attachment A-2. The parties further agree that this agreement is a cost -reimbursement agreement. 2.01 (a) The County will fund payments to the homeowners and approved contractors for eligible work to be performed and will seek reimbursement for 90% of the Project's eligible expenses through the Florida Department of Emergency Management Severe Repetitive Flood Program. 2.01 (b) The Recipient will provide the estimated 10% of the Project cost ($7,115.50) to the County prior to the commencement of any Project -related work. The County shall be reimbursed from Federal sources through the Florida Division of Emergency Management through the St. Lucie County Board of County Commissioners for 90% of SRL eligible costs up to an amount not to exceed $64,039.50 incurred in the satisfactory performance of work required to complete the Project. The Recipient is responsible for a cash or in -kind match from non-federal sources for 10% of the Project's local share up to an amount not to exceed 7 115.50. This may include: (1) Recipient's cash funds provided to contractors and consultants to carry out approved mitigation activities; (2) cash funds provided by any non-federal source, and (3) an amount not to exceed 12.5% of the 10% local match contribution can be made by Recipient through in - kind match. 2.02 Allowable costs shall be determined in accordance with the OMB Circular A-87, 44 Code of Federal Regulations (CFR) Part 78, 44 CFR, Part 13, and other applicable Severe Repetitive Loss (SRL) program guidance. The reimbursement payment shall be provided subsequent to (1) satisfactory completion of the Project or project segment; (2) submittal of required receipts; and (3) receipt of payment of Federal Program Funds through the Florida Division of Emergency Management by the St. Lucie County Board of County Commissioners sufficient to fund the reimbursement projects in which the County is participating. If, for any reason, the County does not receive sufficient funds from such Federal or State sources to fund the reimbursement contemplated herein, in whole or in part, the County shall not be obligated to pay County funds to the Recipient. 2.03 The final payment of funds will be made only after Project completion, submission of all required documentation and a formal request for final payment. Payment and retention of all funding under this Agreement is subject to final review. Should this review identify payments for ineligible expenses, the Recipient shall be determined in non-compliance with this Agreement and funds shall be repaid or recaptured. 2.04 In recognition that the Recipient will have and receive full value and benefit from the Project, the Recipient waives any claim whatsoever to Project funds not received by the County from other funding sources for any reason including failure of the County to comply with program requirements, non -appropriation or any other reason irrespective of the County's fault or negligence. Packet Pg. 103 1 7.D.a 2.05 The amount of funding available for SRL activities is limited by the National Flood Insurance Reform Act, 42 USC 41 04c. The funding provided under this Agreement shall be considered in evaluating eligibility for future SRL funding awards. 2.06 Funds may be recaptured from the Recipient by the County or FEMA in the event of non-compliance with the terms and conditions of this Agreement. The Recipient consents and agrees that in the event of a final determination of non-compliance, the Recipient shall immediately remit repayment of the ineligible expenses to the County. In the alternative, any other funds due and payable to the Recipient from either FEMA or the County may be retained by the County or FEMA for purposes of recapture. Recapture may result from any non-compliance, including but not limited to (1) failure to provide the required matching funds; (2) failure to complete the Project within the specified time or failure to complete the Project in accordance with applicable provisions of this Agreement, FEMA regulations, or other applicable law or guidance. Any Recipient who has had funds recaptured under SRL shall be ineligible for future funding for a period of five (5) years from the date the funds were withdrawn. 2.07 The Coastal Barrier Resources Act (COBRA) significantly limits the availability of Federal assistance in areas designated within the Coastal Barrier Resources System. The County represents and warrants that no funds from this Agreement will be utilized in a COBRA designated unit. (3) INCORPORATION OF LAW, RULES, REGULATIONS AND POLICIES 3.01 Both the Recipient and the County shall be governed by applicable federal, state and local laws, rules, regulations and agreements. (4) PERIOD OF AGREEMENT 4.01 The term of this Agreement shall commence upon the Effective Date, and shall remain in full force and effect as to its provisions, terms and conditions until March 31, 2013, unless terminated earlier in accordance with the provisions of paragraphs (7) or (11) of this Agreement. (5) MODIFICATION OF CONTRACT 5.01 Either party may request modification of the provisions of this Agreement. Changes which are mutually agreed upon shall be valid only when reduced to writing, duly signed by each of the parties hereto and attached to the original of this Agreement. (6) RECORDKEEPING. PROCUREMENT AND PROPERTY MANAGEMENT 6.0.1 All original records pertinent to this Agreement shall be retained by the County for five (5) years following the date of termination of this Agreement or of submission of the final close-out report by the County, whichever is later, with the following exception: If any litigation, claim or audit is started before the expiration of the five-year period and extends beyond the five-year period, the records will be n Packet Pg. 104 7.D.a maintained until all litigation, claims or audit findings involving the records have been resolved. 6.02 All records, including the supporting documentation of all program costs, shall be sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work -- Attachment A, A-1 & A-2, -- and all other applicable laws and regulations. The County agrees to implement and maintain a recordkeeping and financial management system sufficient to meet FEMA and State of Florida financial reporting requirements and to document that SRL funds have been used in accordance with applicable law. 6.03 The Recipient and its employees or agents including all subcontractors or consultants to be paid from funds provided under this Agreement shall allow access to his records at reasonable times by the County, its employees or agents. "Reasonable" shall mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the County. To the extent that the Recipient uses the services of subcontractors and consultants in the performance of the Recipient's duties and obligations under this Agreement, this Section 6.03 must be contained in any subcontract or consultant agreement. (7) REPORTS 7.01 The Recipient shall keep in close contact with the County and will notify the County if any contact information or Project circumstance changes. The County will issue official letters, call official meetings and require documentation to be submitted on a periodic basis. Recipient will provide a prompt response to the County to ensure Project timelines are met and compliance with the state and federal government are achieved. 7.02 If all required documentation and cooperation are not provided by the Recipient to the County, the County may withhold further payments until such documentation and cooperation are completed or the County may take such other action as set forth in paragraph (11). The County may terminate the Agreement with the Recipient if reports are not received within thirty (30) days after written notice from the County. 7.03 Upon reasonable notice, the Recipient shall provide such additional Project updates or information as may be required by the County. "Reasonable notice" shall be defined as ten (10) business days. (8) MONITORING 8.01 The County and the Recipient shall constantly monitor the project performance under this Agreement to ensure that time schedules are being met; the Scope of Work is being accomplished within specified time periods and other performance goals are being achieved. Such a review shall be made for each function or activity as set forth in Attachment A, A-1 & A-2 to this Agreement and the terms and conditions of the Agreement. The County may perform on -site or other types of Project monitoring as it deems necessary. Should activities or deliverables be found to be insufficient in meeting the stated terms of this contract, the County may request explanations, amendments or further specifications to the submitted report to which the Recipient shall promptly respond. 5 Packet Pg. 105 7.D.a (9) LIABILITY 9.01 The Recipient agrees to be fully responsible for his own negligent acts or omissions or tortuous acts. Northing herein shall be construed as consent by the County or a State agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. 9.02 The Recipient represents and warrants that hazardous and toxic materials, if present at any location where the Project will be performed, are at levels within regulatory limits and do not trigger action by the Federal, State or local laws or regulations. The Recipient further represents and warrants that the presence of any condition(s) or material(s) on site, which is subject to Federal, State or local laws or regulations (including but not limited to: above ground or underground storage tanks or vessels, or asbestos, pollutants, irritants, pesticides, contaminants, petroleum products, waste, chemicals and septic tanks), shall be handled and disposed of in accordance with the pertinent requirements. (10) GENERAL INDEMNIFICATION 10.01 General Tort Indemnity. The Recipient agrees to and will at all times indemnify, save and hold harmless the County from all liability and claims, demands, damages and costs of every kind and nature, including attorney's fees at trial or appellate levels, and all court costs arising out of injury to or death of persons and damages to any and all property including loss of use thereof resulting from or in any manner arising out of the Recipient's relationship with its employees, agents, contractors, and/or subcontractors, or those under their control's performance under this Agreement, excepting only liability resulting from the sole negligence of the County. The Recipient shall, upon request from the County, defend and satisfy any and all suits arising from its use of the premises. 10.02 Environmental Indemnity. The Recipient agrees to and will at all times indemnify, defend and hold harmless the County from including, without limitation, any and all claims, suits, demands, judgments, losses, costs, fines, penalties, damages, liabilities and expenses (including all costs of cleanup, containment or other remediation, and all costs for investigation and defense thereof including, but not limited to, court costs, reasonable expert witness fees and attorney fees) arising from or in connection with (a) the actions or activities of the Recipient, its employees, agents, contractors, and/or subcontractors, or those under their control that result in a violation of any environmental law, ordinance, rule or regulation or that leads to an environmental claim or citation or to damages due to such actions or activities, (b) any environmental, health and safety liabilities arising out of or relating to the operation or other activities performed in connection with this Agreement by the Recipient , its employees, agents, contractors, and/or subcontractors, or those under their control at any time or on prior to the day and year first above written or (c) any bodily injury, (including illness, disability and death, regardless of when any such bodily injury occurred, was incurred or manifested itself), personal injury, property damage (including trespass, nuisance, wrongful eviction, and deprivation of the use of real property) or other damage of or to any person in any way arising from any hazardous activity conducted by the Recipient, its employees, agents, contractors, and/or subcontractors, or those under their control. The County will be entitled to control any remedial action, any proceeding related to an environmental claim. 0 Packet Pg. 106 7.D.a 10.03 Violation of Laws Indemnity. The Recipient agrees to and will at all times indemnify, defend and hold harmless the County from including without limitation any and all claims, suits, demands, judgments, losses, costs, fines, penalties, damages, liabilities and expenses (including all costs for investigation and defense thereof including, but not limited to, court costs, reasonable expert witness fees and attorney fees) arising from or based upon the violation of any federal, state or municipal laws, statutes, ordinances, resolutions, rules or regulations, by the Recipient, its employees, agents, contractors, and/or subcontractors, or those under their control. 10.04 Breach of Representations, Warranties and Obligations Indemnity. The Recipient agrees to and will at all times indemnify, defend and hold harmless the County from including, without limitation, any and all claims, suits, demands, judgments, losses, costs, fines, penalties, damages, liabilities and expenses (including all costs for investigation and defense thereof including, but not limited to, court costs, reasonable expert witness fees and attorney fees) which may be incurred by, charged to or recovered from any of the foregoing, arising directly or indirectly out of (a) any breach of any representation or warranty made by the Recipient, its employees, agents, contractors, and/or subcontractors, or those under their control pursuant to this Agreement or (b) any breach of any covenant or obligation of the Recipient, its employees, agents, contractors, and/or subcontractors, or those under their control set forth in this Agreement or any other certificate, document, writing or other instrument delivered by the Recipient, its employees, agents, contractors, and/or subcontractors, or those under their control pursuant to this Agreement. (11) DEFAULT, REMEDIES, TERMINATION 11.01 If any of the following events occur ("Events of Default"), all obligations on the part of the County to make any further payment of funds hereunder shall, if the County so elects, terminate and the County may at its option exercise any of the remedies set forth herein; the County may take any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies and without becoming liable to make any further payment: 11.01.01 If any warranty or representation made by Recipient in this Agreement or any previous Agreement with the County shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep, observe or perform any of the terms or covenants contained in this Agreement or any previous agreement with the County, and has not cured such in timely fashion or is unable or unwilling to meet its obligations thereunder; 11.01.02 If Project funds from mortgage lenders or other sources are not received because of defaults in the mortgages, construction loan agreements, or other loan documents used for the Recipient's funding of the Project; 11.01.03 If any reports required by this Agreement have not been submitted to the County or have been submitted with incorrect, incomplete or insufficient information; 11.01.04 If the Recipient failed to perform and complete in a timely fashion any of the Project work required under the Budget and Scope of Work attached hereto as Attachment A, A-1 & A-2; 7 Packet Pg. 107 1 7.D.a 11.01.05 If the necessary funds are not available to fund this Agreement as a result of action by the County, Legislature, the State of Florida Office of the Comptroller or the Office of Management & Budget. 11.02 Upon the happening of an Event of Default, then the County may, at its option, upon written notice to the Recipient and upon the Recipient's failure to timely cure, exercise any one or more of the following remedies, either concurrently or consecutively, and the pursuit of any one of the following remedies shall not preclude the County from pursuing any other remedies contained herein or otherwise provided at law or in equity: 11.02.01 Terminate this Agreement, provided that the Recipient is given at least fifteen (15) days prior to the written notice of such termination. The notice shall be effective when placed in the United States mail, postage prepaid by registered or certified mail -return receipt requested to the address set forth in paragraph (12) herein: 11.02.02 Commence an appropriate legal or equitable action to enforce performance of this Agreement; 11.02.03 Withhold or suspend payment of all or any part of a request for payment; 11.02.04 Exercise any corrective or remedial actions, to include but not be limited to, requesting additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance, issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, advising the Recipient to suspend, Recipient to reimburse the County for the amount of costs incurred for any items determined to be ineligible; and, 11.02.05 Exercise any other action or remedies which may be otherwise available under law. 11.03 The County may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misrepresentation in the grant application; misuse of funds; fraud, lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the Recipient to permit public access to any document, paper, letter or other material forming part of the Project documents. 11.04 The Recipient shall return funds to the County if found in non-compliance with laws, rules, and regulations governing the use of the funds made available pursuant to this Agreement. 11.05 This Agreement may be terminated by the written mutual consent of both parties 11.06 Notwithstanding the above, the Recipient shall not be relieved of liability to the County by virtue of any breach of Agreement by the Recipient. The County may withhold any payments to the Recipient, from this or any other agreement between the Recipient and the County, for purpose of set-off until such time as the exact amount of damages due the County from the Recipient is determined. Packet Pg. 108 1 7.D.a (12) NOTICE AND CONTACT 12.01 All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery or first class mail, certified mail or return requested to the representative identified below and the said notification attached to the original of this Agreement. 12.02 The name and address of the County contract manager for this Agreement is: Don McLam, Project Manager Central Services Department St. Lucie County Board of County Commissioners 2300 Virginia Avenue Fort Perce, FL 34982 (772) 462-6355 12.03 The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: John and Deborah Demaio 10701 South Ocean Drive, Venture III, Lot 925 Jensen Beach, FL 34957 (772) 337-7734 12.04 In the event that different representatives are designated by either parry after execution of this Agreement, notice of the name, title and address of the new representative will be rendered as provided in Section 12.02 and 12.03 above. (13) OTHER PROVISIONS 13.01 The validity of this Agreement is subject to the truth and accuracy of all the information, representations and materials submitted or provided by the Recipient in the Application, in any subsequent submission or response to the County request or in any submission or response to fulfill the requirements of the Agreement and such information, representations and materials are incorporated by reference. The lack of accuracy thereof or any material changes shall at the option of the County and with thirty (30) days of written notice to the Recipient, cause the termination of this Agreement and the release of the County from all its obligations to the Recipient. 13.02 This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in St. Lucie County. If any provision hereof is in conflict with any applicable Statute or Rule or is otherwise unenforceable, then such provision shall be deemed severable but shall not invalidate any other provision of this Agreement. we Packet Pg. 109 7.D.a 13.03 No waiver by the County of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other right or remedy of the County hereunder, or affect the subsequent exercise of the same right or remedy by the County for any further or subsequent default by the Recipient. Any power approval or disapproval granted to the County under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. 13.04 The Agreement may be executed in any number of counterparts any one of which may be taken as an original. (14) FINANCIAL REQUIREMENTS 14.01 The Recipient agrees to maintain receipts and other documents and provide copies to the County in order to account for the receipt and expenditure of funds under this Agreement. 14.02 These records shall be available at all reasonable times for inspection, review or audit by State personnel and other personnel duly authorized by the County. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m. local time, Monday through Friday. 14.03 The Recipient shall also provide the County with the records, reports, or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. 14.04 The Recipient shall retain all financial records, supporting documents, statistical records and any other documents pertinent to this contract for a period of five (5) years after the date of the submission of the final expenditure report. However, if litigation or an audit has been initiated prior to the expiration of the five-year period, the records shall be retained until the litigation or audit findings have been resolved. (15) SUBCONTRACTS 15.01 If the Recipient subcontracts any of the work required under this Agreement, a copy of the unsigned subcontract must be forwarded to the County for review and approval before it is executed by the Recipient. 15.02 If the Recipient subcontracts any or all of the work required under this Agreement, the Recipient agrees to include in the subcontract that the subcontractor is bound by the terms and conditions of this Agreement with the County. 15.03 The Recipient agrees to include in the subcontract that the subcontractor shall hold the County, Division and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law 10 Packet Pg. 110 7.D.a 15.04 Contractual arrangements shall in no way relieve the Recipient of his responsibility to ensure that all funds issued pursuant to this Agreement be administered in accordance with all State and Federal requirements. 15.05 The Recipient agrees to include in the subcontract that: (i) the subcontractor is bound by the terms of this Agreement; (ii) the subcontractor is bound by all applicable state and federal laws and regulations; and (iii). The Recipient shall document in the quarterly report the subcontractor's progress in performing its work under this Agreement. 15.06 For each subcontract, the Recipient shall provide a written statement to the County and Division as to whether that subcontractor is a minority vendor, as defined in Section 288.703, Fla. Stat. (16) TERMS AND CONDITIONS 16.01 The Agreement constitutes the entire agreement between the parties hereto for the Services to be performed and furnished by either party hereunder. No statement, representation, writing, understanding, agreement, course of action or course of conduct, made by either party, or any representative of either party, which is not expressed herein shall be binding. (17) ATTACHMENTS 17.01 All attachments to this Agreement are incorporated as if set out fully herein. 17.02 In the event of any inconsistencies or conflict between the language of this Agreement and the attachments hereto, the language of such attachments shall be controlling but only to the extent of such conflict or inconsistency. 17.03 This Agreement has the following attachments: Attachment A Budget and Scope of Work Attachment A-1 FEMA Award Letter Attachment A-2 Budget and Scope of Work for Individual Residence Attachment B Program Statutes and Regulations Attachment C Statement of Assurances (18) STANDARD CONDITIONS 18.01 The Recipient agrees to be bound by the following standard conditions: 18.01.01 The State of Florida's performance and the County's performance and obligation to pay under this Agreement are contingent upon an annual appropriation by the Legislature and subject to any modification in accordance with Chapter 216 and Section 252.37, F.S. of the Florida Constitution. 18.01.02 If otherwise allowed under this Agreement, extension of an Agreement for contractual services shall be in writing for a period not to exceed three (3) months and shall be subject to the same terms and conditions set forth in the initial Agreement. There shall 11 Packet Pg. 111 1 7.D.a be only one extension of the Agreement unless the failure to meet the criteria set forth in the Agreement for completion is due to events beyond the control of the Recipient. Any extension of the Agreement is conditional and based upon the willingness of the State and Federal agencies to extend their agreements with the County to accommodate an extension of this Agreement. 18.01.03 All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. 18.01.04 The County and the Recipient agree that this grant agreement will be subject to the terms and conditions of the Federally -Funded Subgrant Agreement 10-SL-47-10-66-01446 (FEMA: SRL-PJ-04-FL-2008-005). (19) STATE LOBBYING PROHIBITION 19.01 No funds or resources received from the County in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or the St. Lucie County Board of County Commissioners. (20) LEGAL AUTHORIZATION 20.01 The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind the Recipient to the terms of this Agreement, and that the undersigned are all persons having legal or equitable title to the property on which the Project is being accomplished. (21) ASSURANCES 21.01. The Recipient shall comply with the Statement of Assurances incorporated as Attachment C. Failure of the Recipient to comply with the Program Statutes, Executive Orders, agreements and regulations in Attachment C of this Agreement shall be cause for the immediate suspension of payments or the immediate termination of this Agreement. (22) SECTION HEADINGS 22.01 Section headings appearing herein are inserted for convenience or reference only and shall in no way be construed to be interpretations of text. (23) CONSTRUCTION 23.01. Both parties acknowledge that they have had meaningful input into the terms and conditions contained in this Agreement. Therefore any doubtful or ambiguous provisions contained herein shall not be construed against the party who physically prepared this Agreement. The rule sometimes referred to as "Fortius Contra Preferenturn" shall not be applied to the interpretation of this Agreement. 12 Packet Pg. 112 1 7.D.a IN WITNESS THEREOF, the parties have caused this Agreement to be executed by their undersigned officials as duly authorized. RWe:-7 RE BBy: N emaio Nai DZ / /� Dal WITNESS By: Name: eeA A &-v-0 Date 714,110 COUNTY OF. By: �— Chairman, St. Lu -orm App WITNESS By: Name: a6 A G a. /&4ee.,v Date Z o Board of ioners ttorney, S&/L�cie County Board of County Commissioners T A, A-1, A-2, ATTACHMENT B (forms from the State of Florida/FEMA e project) 13 Packet Pg. 113 7.D.a Attachment A Budget and Scope of Work The Recipient will be responsible for the implementation and completion of the project in accordance with Attachment A, Attachment A-1 and Attachment A-2, in a manner acceptable to the Division, and in accordance with all applicable legal requirements. The contract documents for any project undertaken by the Recipient, and any land use permitted by or engaged in by the Recipient, shall be consistent with the local government Comprehensive Plan. The Recipient shall ensure that any development or development order complies with all applicable planning, permitting and building requirements. The Recipient shall ensure that the project owner shall engage such competent engineering, building, and other technical and professional assistance as may be needed to ensure that the project complies with the contract documents. For each structure receiving assistance under this Agreement, the Recipient shall first provide the following information to the Division: 1. Documentation for all repetitive losses, showing the number of claims, the amount of each claim, the amount of payment on each claim, and the date of each such payment; 2. The date of initial construction for the structure; 3. The elevation of the lowest floor of the structure; 4. The flood zone where the structure is located; 5. The base flood elevation of the structure; 6. The appraised value of the structure; 7. Estimates of the cost of work on the structure by the contractor, which shall separate eligible from ineligible costs; 8. Estimates of the square footage of the structure before and after the completion of the work; 9. Estimates of damage to any substantially damaged structure; and 10. Proposed elevation height for any substantially damaged structure. Time shall be of the essence of this Agreement and of the performance of all conditions under it. The supporting documents set forth in the Payment Praced ureBudget section below shall be submitted to the Division no later than sixty (60) days after the date of the last modification extending the Agreement. The Recipient shall submit the completed documentation to the Division no later than sixty (60) days from the completion of all work, or the date the project passes final inspection, whichever is later. The time for the performance of this Agreement may be extended for cause by the Division. If any extension request is denied, the Recipient shall be reimbursed for eligible project costs incurred up to the latest approved date for completion. Failure to complete any project will be adequate cause for the termination of funding under for that project. Packet Pg. 114 7.D.a PAYMENT PROCEDURE/BUDGET The Division shall disburse the eligible costs to the Recipient in accordance with the following procedures: A. The Recipient will be reimbursed for that portion of its eligible costs corresponding to the federal share of such costs once the Recipient has delivered the following documents to the Division: 1. A Request for Advance or Reimbursement Form conforming to the sample attached to this Agreement as Attachment D; 2. A Summary of Documentation Form conforming to the sample attached to this Agreement as Attachment D, which shall be supported by original documents such as contract documents, invoices, purchase orders, change orders and the like; and 3. A letter certifying that the reported costs were incurred in the performance of eligible work. B. The Division may, in its discretion, withhold its portion of the non federal share of funding under this Agreement from the Recipient if the Division has reason to expect a subsequent unfavorable determination by the Federal Emergency Management Agency that a previous disbursement of funds under this Agreement was improper. C. The Division may advance funds under this Agreement to the Recipient if the Recipient meets the following conditions: 1. The Recipient shall demonstrate to the Division that the Recipient has procedures in place to ensure that funds are disbursed to project vendors, contractors, and subcontractors without unnecessary delay; 2. The Recipient shall submit a statement specifying the amount of funds requested and justifying the advance and the proposed use of the funds, together with budget information supporting the request; 3. The Recipient shall submit a completed Request for Advance or Reimbursement Form; and 4. The Recipient shall pay over to the Division any interest earned on advances for remittance to the Federal Emergency Management Agency as often as. practicable, and in any event not later than ten (10) business days after the close of each calendar quarter. D. The Division shall disburse the final payment to the Recipient upon the performance of the following conditions: 1. The owner of the project shall have completed the project, and the Recipient shall have certified to its completion and final inspection; 2. The Recipient shall have submitted the documentation specified in this Payment Procedure; and 3. The Recipient shall have requested final reimbursement. Packet Pg. 115 1 7.D.a The materials and work funded pursuant to this Subgrant Agreement are intended to decrease the vulnerability of the building to property losses and are specifically not intended to provide for the safety of inhabitants before, during or after a natural or man made disaster. The funding provided by the Division of Emergency Management (DEM) under this subgrant is only intended to pay for the materials and labor for the installation of storm shutters and/or other hardening activities as a retrofit measure for the Recipient's building to reduce and/or mitigate the damage that might otherwise occur from severe weather or other hazards. The funding of this project by DEM in no way confers or implies any warranty of use or suitability for the modifications made or installed. The State of Florida disclaims all warranties with regard to this mitigation project, express or implied, including but not limited to, any implied warranties and/or conditions of satisfactory quality and fitness for a particular purpose, merchantability, or merchantable quality. This project has not been evaluated as meeting the standards of the Department of Homeland Security, Federal Emergency Management Agency (FEMA) as outlined in the guidance manual, FEMA 361-Design and Construction for Community Shelter. It is understood and agreed by DEM and the Recipient that the building has vulnerabilities due to age, design and location which may result in damage to the building even after the installation of the mitigation measures funded under this Subgrant Agreement. It is further understood and agreed by DEM and the Recipient that this mitigation project is not intended to make the building useable as a shelter for the Recipient's staff or any other citizens in the event of any natural or man-made disaster. 18 Packet Pg. 116 7.D.a ATTACHMENT A-1 FEMA AWARD LETTER April 13, 2010 Mr. David Halstead, Acting Division Director Florida Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Attention: Mr. Miles Anderson Re: Severe Repetitive Loss grant program (SRL) Additional Funds Approval: SRL-PJ-04-FL-2008-005 St. Lucie County Board of County Commissioners Dear Mr. Halstead: It is my pleasure to confirm that the following project sub -grant has been approved through the SRL grant program pursuant to the Congressional appropriations for Fiscal Year 2008. The revised Scope of Work (SOW) and Budget submitted by the State for this SRL project sub -grant is approved except as noted in the Conditions below. Please be advised that any proposed change in the engineering design or list of participating properties represents an SOW change and must be approved by our office prior to issuance of a contract or start of construction. As a result of the additional technical feasibility and environmental review questions posed on this project during the technical review process, the homeowner was required to obtain additional documentation from their engineering firm and incurred additional expenses. Your request to approve these additional expenses has been approved as follows: This letter constitutes programmatic approval for use of FY 2008 SRL funds. Sandra McNease, Assistance Officer in our Thomasville Office, issued the financial award and documentation in support of this approval through eGrants on April 13, 2010, and the State has accepted the award. The funds have been obligated to the appropriate SmartLink account. The CATEX for this project has been issued in eGrants. After a review of the proposed project and the environment, and provided that the conditions listed below are met, it was determined that no extraordinary circumstances, as defined in 44 CFR 10.8(dx3), exist regarding this proposed project. The following ".conditions of approval" are placed on this project. Eneineerine/Design Conditions • The subgrantee shall submit to the Grantee a Certificate of Occupancy and Final Elevation Certificate for each structure in the project to certify that the structure is code compliant. 19 E a co eo co Ln Cl) ti O O U r c m m a� L Q L c 3 0 W E 0 x c m E t U 0 r Q Packet Pg. 117 7.D.a • A copy of a recorded deed for each property including mitigation reconstruction project deed requirements shall also be submitted to the Grantee. • In addition, a certification from a building official or licensed design professional verifying that the structure was designed and constructed to the minimum standard of the. 2003 International Codes must be provided. These documents shall be submitted before closeout can be completed. If a subgrantee fails to provide these documents, FEMA has the authority to recoup grant funds provided for the project. • Please refer to the SRL 2008 Guidance available at E E http://www.fema.aov/eovemment/grant/srl/2008.shtm for additional requirements. In compliance with the SRL FY2008 Guidance, Section 3.4 Special Flood Hazard Area (SFHA) c m E Requirements, the following requirements apply to any project to alter existing structures, to include mitigation Q reconstruction and second story conversion projects that are sited within an SFHA: E 1. When the project is implemented, all structures that will not be demolished or relocated out of the SFHA must be covered by an NFIP flood insurance policy to an amount at least equal to the project cost or to the maximum limit of coverage made available with respect to the particular Q ro whichever is less. property, J � N 2. The subgrantee(or property owner) will legally record with the county or appropriate o jurisdiction's land records a notice that includes the name of the current property owner CU (including book page reference to record of current title, if readily available), a legal description of the property, and the following notice of flood insurance requirements: "This property has received Federal hazard mitigation assistance. Federal law requires that flood insurance coverage00 on this property must be maintained during the life of the property regardless of transfer of 00 r ownership of such property. Pursuant to 42 U.S.C. 5154a, failure to maintain flood insurance on this property may prohibit the owner from receiving Federal disaster assistance with respect to this property in the event of a flood LO disaster. The Property Owner is also required to maintain this property in accordance with the floodplain ti management criteria of 44 CFR 60.3 and City/County Ordinance. Q 0 3. Applicants receiving assistance for projects sited in an SFHA will ensure that the flood insurance r U requirements are met by requesting the participating property owner(s) sign an Acknowledgement c of Conditions for Mitigation of Property in an SFHA with FEMA Grant Funds document and E providing the form to FEMA prior to award. This form is available on the SRL Web site at: a) httn://www,fema.gov/government/grant/sfha conditions.shtm or from FEMA Regional Offices. Properties that do � not meet these requirements will not be eligible to receive assistance under the SRL program. Q L Environmental Conditions 3 1. The Applicant must follow all applicable state, local, and federal laws, regulations, and 0 m E requirements, and obtain (before starting project work) and comply with all required permits and C 2 approvals. If start of project work is delayed for a year or more after the date of this CATEX, w then coordination with and project review by appropriate regulatory agencies must be redone. a� E 2. Any change, addition, or supplement to the approved project SOW that alters the project (including other work not funded by FEMA, but done substantially at the same time) will require r re -submission of the application to FEMA for NEPA re-evaluation before starting project work. Q 3. Construction vehicles and equipment used for this project shall be maintained in good working order to minimize pollutant emissions. The contractor will implement measures to prevent spillage or runoff of chemicals, fuels, oils, or sewer -related wastes during project work. 4. Any hazardous materials found onsite, such as asbestos or lead -based paint, will also be managed in accordance with all applicable state, local, and federal laws and regulations. 20 Packet Pg. 118 1 7.D.a The terms and conditions of this award are provided in the Agreement Articles issued through eGrants by Ms. McNease. Please review the Articles thoroughly and abide by all provisions. Quarterly progress reports for SRL are required in accordance with 44 CFR 13.40. Please include this project in future reporting. The Period of Performance (POP) for this award is three years, January 14, 2009 through December 31, 2011. The (POP) for this sub -grant should be documented on all correspondence submitted to this office concerning the sub -grant, in addition to the quarterly report. Thank you for submitting an application to the FY 2008 SRL grant program. If you have any questions, please contact Gabriela Vigo of my staff at (229) 225-4546,. Sincerely, Clayton E. Saucier, Chief Hazard Mitigation Assistance Mitigation Division 21 Packet Pg. 119 1 7.D.a Attachment A-2 BUDGET AND SCOPE OF WORK Property Owner: John and Deborah Demaio Property Address: 10701 South Ocean Drive, Venture III,Lot 925, Jensen Beach, Florida 34957 The Scope of Work for this project is a Standard Elevation. The house will be elevated 2.0 feet above the Base Flood Elevation to comply with the current local and Florida Building Codes and shall meet National Flood Insurance Program (NFIP) construction requirements to construction in a V Zone, A Certificate of Occupancy must be issued by a qualified building official to certify that the construction was properly completed. The property will be deed restricted as set forth in 44 CFR 206.434 (e). The completed work shall comply with all Federal, State and Local Rules and Regulations. Federal Share: $ 64, 039.50 Local Share: $ 7,115.50 Total Project Cost: $ 71, 155.00 The Division of Emergency Management (DEM) shall reimburse eligible costs for this project up to $ 64, 039.50 (federal share). The recipient shall require the property owners to adhere to the following Environmental conditions as part of the award: • The applicant must follow all applicable state, local, and federal laws, regulations, and requirements, and obtain (before starting project work) and comply with all required permits and approvals. If start of project work is delayed for a year or more after the date of CATER, then coordination with and project review by appropriate regulatory agencies must be redone. • Any change, addition, or supplement to the approved project Scope Of Work that alters the project (including other work not funded by FEMA, but done substantially at the same time) will require re -submission of the application to FEMA for NEPA re-evaluation before starting project work. • Construction vehicles and equipment used for this project shall be maintained in good working order to minimize pollutant emissions. The contractor will implement measures to prevent spillage or runoff of chemicals, fuels, oils, or sewer -related wastes during project work. • Any hazardous materials found onsite, such as asbestos or lead -based paint, will also be managed in accordance with all applicable state, local and federal laws and regulations. The recipient shall be required to adhere to the following Programmatic Conditions as part of the award: • When the project is implemented, all structures that will not be demolished or relocated out of the SFHA must be covered by an NFIP flood insurance policy to an amount at least equal to the project cost or to the maximum limit of coverage made available with respect to the particular 22 Packet Pg. 120 7.D.a property, whichever is less. • The subgrantee(or property owner) will legally record with the county or appropriate jurisdiction's land records a notice that includes the name of the current property owner (including book page reference to record of current title, if readily available), a legal description of the property, and the following notice of flood insurance requirements: 'This property has received Federal hazard mitigation assistance. Federal law requires that flood insurance coverage on this property must be maintained during the life of the property regardless of transfer of ownership of such property. Pursuant to 42 U.S.C. 5154a, failure to maintain flood insurance on this property may prohibit the owner from receiving Federal disaster assistance with respect to this property in the event of a flood disaster. The Property Owner is also required to maintain this property in accordance with the floodplain management criteria of 44 CFR 60.3 and City/County Ordinance. • Recipient shall provide a copy of the recorded deed restriction to the State as part of the closeout of this project. Elialble Expenditures The categories outlined below are generally considered eligible for reimbursement under the Severe Repetitive Loss Program. Only reasonable eligible expenses may be reimbursed. The Recipient shall provide the Division with a detailed listing of project expenditures, classified according to the listed categories, as part of any request for payment. Any expenditure that does not clearly fall under the specified categories shall be submitted to the Division for review and determination of funding eligibility under the Severe Repetitive Loss Program. Preliminary cost estimates for this project have been provided to the Division, and those costs that are eligible have been incorporated into the categories outlined below. The amounts set forth below are estimates, and the Recipient may allow the Property Owner to exceed the estimates and be reimbursed for 100% of expenditures in a category, provided that the total reimbursement shall not exceed $64, 039.50 (federal share). Eligible Cost Item Total Cost Cost Federal Local 90% 10% Elevation Certificate $833.00 $749.70 $83.30 Soil Boring $2,000.00 $1,800.00 $200.00 Elevation $61,920.00 $55,728.00 $6,192.00 Relocation Costs $3,164.00 $2,847.60 $316.40 Subapplicant Mgt. Costs $3,238,00 $2,914.201 $323,80 Total $71,15-5.001 $64,039.501 $7,115.50 23 Packet Pg. 121 7.D.a Attachment B Program Statutes and Regulations National Flood Insurance Program, Public Law 90-448, as amended (42 U.S.C. §§4001-4129) 44 C.F.R. Parts 13 and 78 se . (1) OMB Circular No. A-110 (2) OMB Circular No. A-87 (3) OMB Circular No. A-21 (4) OMB Circular No. A-122 (5) OMB Circular No. A-133 (6) Federal Acquisition Regulations 312 and 931.2 (7) American's With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 (8) Cash Management Improvement Act of 1990 (9) Immigration and Nationality Act Section 274A(e) (10) Chapter 119 Florida Statute (11) Chapter 216 Florida Statute (12) Chapter 768.28 Florida Statute 24 c a� E c a� E a a� E a� a� Q J O a� c co ao r LO M ti 0 0 r U c d 0 aD Q L d 3 0 a) E 0 c m E z r r Q Packet Pg. 122 ITEM NO. RES-2014-20 TO: PRESENTED BY: SUBMITTED BY: BACKGROUND: AGENDA REQUEST Board of County Commissioners DATE: 02/04/2014 *CONSENT AGENDA\ENVIROMENTAL RESOURCES Karen L. Smith, Environmental Resources Department Director Environmental Resources Resolution 2014-20 - Heathcote Stormwater Park Budget Resolution Per an existing Interlocal Agreement (C07-03-167) with the City of Fort Pierce, St. Lucie County will construct Florida Communities Trust (FCT) park improvements at the Heathcote Stormwater Park. The City will fund the improvements using FCT grant funds. A budget amendment is required to establish an estimated budget to receive the funds from the City. PREVIOUS ACTION: Interlocal agreement C07-03-167 was approved by the St. Lucie County Board of County Commissioners March 23, 2007. FINANCIAL IMPACT: There is no budget impact as the funding for this project is being provided through an approved Florida Communities Trust grant from the City of Fort Pierce. RECOMMENDATION: Board approval of the budget resolution and capital improvement form to establish the budget for the Heathcote Stormwater Park which will be funded by the City of Ft. Pierce. COMMISSION ACTION: Packet Pg. 123 Coordination/Signatures A Heather Young, Asst. County Attorney 1/24/2014 Faye W. Outlaw, County Administrator 1/24/2014 Updated: 2/6/2014 11:13 AM by Shane A. De Witt Page 2 Packet Pg. 124 RESOLUTION 7.F.a WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the City of Ft. Pierce for capital improvements to Heathcote Stormwater Park in the amount of $250,000. 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 4th day of February, 2014, pursuant to Section 129.06 (d), Florida Statutes that such funds are hereby appropriated for the fiscal year 2013-2014, and the County's budget is hereby amended as follows: REVENUE 182-3920-337910-143601 City of Ft. Pierce $250,000 APPROPRIATIONS 182-3920-563000-143601 Infrastructure $250,000 After motion and second the vote on this resolution was as follows: Commissioner Frannie Hutchinson, Chair XXX Commissioner Paula Lewis, Vice Chair XXX Commissioner Chris Dzadovsky XXX Commissioner Tod Mowery XXX Commissioner Kim Johnson XXX PASSED AND DULY ADOPTED THIS 4TH DAY OF FEBRUARY 2014. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY Packet Pg. 125 7.F.b ST. LUCIE COUNTY B.O.C.C. CAPITAL IMPROVEMENT PROGRAM CAPITAL PROJECT SUMMARY PROJECT NAME: Heathcote Stormwater Park PROJECT #: Er DEPARTMENT: Environmental Resources DATE PREPARED:DIVISION: Lands Division PROJECT MGR: TYPE OF PROJECT: NEW CONSTRUCTION: X RECOMMENDED: YES X NO RENOVATION: APPROVED: YES X NO MAINTENANCE: REVISED: YES NO PROJECT DESCRIPTION, SCOPE & JUSTIFICATION: Per Interlocal Agreement C07-03-167 with the City of Fort Pierce, the County will construct some FCT park improvements at the City's Heathcote Stormwater Park. The City has all of the FCT grant funds, therefore the County (ERD) will invoice the City to pay for the improvements. The improvements will include, but are not limited to, a gravel parking lot, kiosk, picnic tables, three -board fencing, canoe launch, small dock, trail improvements, signage, THIS PROJECT QUALIFIES UNDER "ARTS IN PUBLIC PLACES" (AIPP) ORDINANCE: YES = NO LEVEL OF SERVICE IMPACT: Increases level of service for parks and recreation. DEPARTMENT PRIORITY LEVEL 0 1 - High Priority, not completing would negatively affect critical service &/or safety 2 - Medium Priority, not completing would have some effect on service; grant award/availability; long range expansion goals 3 - Other CARRYOVER FY13-14 FY 13-14 FY 14-15 FY 15-16 FY16-17 FY17-18 5-YEAR FUNDING USES FROM FY13 NEW BUDGET PLAN PLAN PLAN PLAN TOTAL Land 0 0 Buildings 0 0 Imp O/T Bldgs 250,000 250,000 250,000 AIPP 0 0 0 0 0 0 0 0 TOTAL: 0 250,000 250,000 0 0 0 0 250,000 FY13-14 FY 13-14 FY 14-15 FY 15-16 FY16-17 FY17-18 5-YEAR FUNDING SOURCES & AMOUNTS NEW BUDGET PLAN PLAN PLAN PLAN TOTAL 182-3920-337910-143601 250,000 250,000 250,000 (Env. Land Acquisition Fund 182) 0 0 0 0 TOTAL: 250,000 250,000 0 0 0 0 250,000 PRIOR PROJECT FUNDING TOTAL LIFE TO DATE BUDGET 0 TOTAL LIFE TO DATE EXPENDITURE 0 OPERATING IMPACT (Includes add'1 personnel needs as well as any other FY 13-14 FY 14-15 FY 15-16 FY 16-17 FY 17-18 5-YEAR operating needs.) BUDGET BUDGET BUDGET BUDGET BUDGET TOTAL Number of New Positions Needed 0 0 0 0 0 0 Estimated Operating Impact 01 01 01 01 0 0 REMARKS: ERD's capital budget will increase from special revenue funds being received from the City. CAPITAL IMP REQ # : CIP14-033 ACCOUNT #: �920 563000 143601 (additional lines for multiple 1�1 fund sources) CO) W w O N O N V) W w E O M E E 7 N t) d O L Q. a c� N O c� z M N 2 O C. O U C O E t t) O r Packet Pg. 126 7.M.1 ITEM NO. (ID # 1862) TO: PRESENTED BY: SUBMITTED BY: cl miprT- BACKGROUND: AGENDA REQUEST Board of County Commissioners Michael Powley, County Engineer Engineering DATE 02/04/2014 *CONSENT AGENDA\PUBLIC WORKS Moran Foods, LLC - Save -A -Lot - Terminate Road Improvement Agreement and Release Surety The Save -A -Lot site plan was approved by the Ft. Pierce City Commission on August 6, 2012. As part of the site plan approval, the developer was required to construct sidewalks and drainage improvements along the Delaware Avenue road frontage of their parcel. As the construction is for public improvements a Road Improvement Agreement and surety have been provided. Save -A -Lot has requested the release of the surety and termination of the Road Improvement Agreement. They stated within their correspondence that the proposed project has been canceled. (See attached letter.) The site plan expired on August 6, 2013, therefore the nexus for the Road Improvement Agreement and surety no longer exists. PREVIOUS ACTION: January 15, 2013 - Road Improvement Agreement executed by the County Administrator. FINANCIAL IMPACT: N/A RECOMMENDATION: Board authorization to terminate the Road Improvement Agreement and release surety in the amount of $65,091.04. COMMISSION ACTION: Packet Pg. 127 7.M.1 RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Kim Johnson, District No. 5 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson Coordination/Signatures on West, Public Works Director 2014 anie 5. McIntyre, C my ttorney 1/22/2014 r dab bentkofsky, Deputy County Administrator 1/ 3/2014 r, updated: 1/21/2014 11:04 AM by Linda Buchanan Page 2 Packet Pg. 128 7.M.1.a t 00 C« q)orale Off)cc 1)1-ive 1:arth Cih MO 63043 (314) 592-9100 To: Mr. Ron Harris Re: RIA C13-01-005 Save A Lot Food Stores Dear Mr. Harris, o J At the present time, Save A Lot has decided to cancel the construction of the proposed Save A Lot food store located at 1615 Delaware Ave. Ft, Pierce, FL. Please accept this letter as U) official notification of this project's cancelation. At this time, Save A Lot would also like to request the release of any bonds posted associated with the above referenced RIA number. 00 Should you have any questions, please don't hesitate to contact me at 407-433-6754.-°c c Cordially, E Jesus Rolon Q Sr. Construction Project Manager Packet Pg. 129 7.M.2 ITEM NO. RES-2014-15 TO: PRESENTED BY: SUBMITTED BY: BACKGROUND: AGENDA REQUEST Board of County Commissioners Michael Powley, County Engineer Engineering DATE: 02/04/2014 *CONSENT AGENDA\PUBLIC WORKS Resolution 2014-15 - Indian River Drive Speed Limit Reduction The storm of January 9, 2014 significantly damaged portions of Indian River Drive forcing its closure. A State of Emergency has been declared by the County. Utilizing emergency procurement procedures, Ranger Construction Industries was selected to complete the necessary repairs. These repairs are largely complete except for the parcel at 8001 Indian River Drive. The repair at this location will take several months to complete. To that end, it is recommended that the speed limit 1000 feet north and 1000 feet south of 8001 Indian River Drive be reduced 5 miles per hour (mph) to 30 mph until the repair can be effected. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Board approval of Resolution 2014-15 and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Kim Johnson, District No. 5 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson Packet Pg. 130 7.M.2 Coordination/Signatures aL'- TWelt—Public Works Dlrecto /2014 anie 5. McIntyre, Cy &,b,,&tkfky, y A ministrato 1/ /2014 updated: 1/27/2014 8:05 AM by Shane A. DeWitt Page 2 Packet Pg. 131 RESOLUTION NO. 14-XX 7.M.2.a A RESOLUTION ESTABLISHING A SPEED LIMIT OF THIRTY (30) MILES PER HOUR ON INDIAN RIVER DRIVE (CR 707) 1000 FEET NORTH AND 1000 FEET SOUTH OF 8001 INDIAN RIVER DRIVE, ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 316.008(1), Florida Statutes, authorizes the Board to designate speed limits, both as to maximum and minimum, for streets and highways under its jurisdiction after investigation determines such a change is reasonable and in conformity to criteria promulgated by the Department of Transportation. 2. Pursuant to Section 1-20-1 of the Code of Ordinances of St. Lucie County, the Board is authorized to adopt speed limits by resolution. 3. The Public Works Department of St. Lucie County has recommended that a speed limit of thirty (30) miles per hour be designated on both sides of Indian River Drive 1000 feet north and 1000 feet south of 8001 Indian River Drive. The Sheriff's Department has concurred with the recommendation. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. A speed limit of thirty (30) miles per hour is hereby established on both sides of Indian River Drive 1000 feet north and 1000 feet south of 8001 Indian River Drive. 2. The St. Lucie County Road and Bridge Manager is hereby directed to erect thirty (30) miles per hour speed limit signs on both sides of Indian River Drive 1000 feet north and 1000 feet south of 8001 Indian River Drive. 3. The County Administrator is hereby directed to provide copies of this resolution to the Sheriff of St. Lucie County and to the St. Lucie County Road and Bridge Manager. After motion and second, the vote on this resolution was as follows: PASSED AND DULY ADOPTED this 4th day of February, 2014 Chair Frannie Hutchinson Vice Chair Paula A. Lewis Commissioner Chris Dzadovsky Commissioner Tod Mowery Commissioner Kim Johnson PASSED AND DULY ADOPTED this 4th day of February 2014. ATTEST: Deputy Clerk AYE AYE AYE AYE AYE BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chair Q APPROVED AS TO FORM AND CORRECTNESS: BY: Packet Pg. 132 7.M.2.a County Attorney Q Packet Pg. 133 ITEM NO. RES-2014-16 DATE: 02/04/2014 AGENDA REQUEST *CONSENT AGENDA\TRANSPORTATION PLANNING ORGANIZATION TO: Board of County Commissioners PRESENTED BY: Peter Buchwald, Executive Director SUBMITTED BY: Transportation Planning Organization SUBJECT: Resolution 2014-16 - Approval of Safe Routes to School 5-E Award of Funding for FY 13/14 BACKGROUND: The St. Lucie Transportation Planning Organization (TPO) has received a Federal Safe Routes to School 5-E Grant for program activities for 17 schools in St. Lucie County. Activities include the identification of specific walking/bicycling hazards in the vicinity of each school and countermeasures ranging from curriculum -based solutions to improved school zone visibility. The St. Lucie SRTS program's comprehensive approach includes the 5-E's (Education, Encouragement, Enforcement, Engineering, and Evaluation). One focus of the SRTS 5-E program will be to distribute traffic safety literature to parents and students at the 17 targeted schools. The amount of funds to be received by the TPO for FY 13/14 are $37,900. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Since these Grant funds were not anticipated in FY 14, funding is not appropriated in the FY 14 adopted budget. Therefore, a budget needs to be established to expend these funds. Marching funds are not required. Funds will be made available in the Safe Routes to School 5-E Grant fund (001559-1540-331491- 100). RECOMMENDATION: Board approval of Budget Resolution in the amount of $37,900 to amend the County budget for receipt of SRTS 5-E funds on behalf of the St. Lucie TPO. COMMISSION ACTION: Packet Pg. 134 RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Kim Johnson, District No. 5 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson Coordination/Signatures Marie dFo ff a ag ent & Budget Director!/24/2014 Danie S. McIntyre, C my ttorney 1/23/2014 Faye W. Outlaw, County Administrator 1/24/2014 Updated: 1/27/2014 8:06 AM by Shane A. De Witt A Page 2 Packet Pg. 135 7.P.a 10*— I11ILfjIIIEel►I WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available in the form of a grant from the Department of Transportation thru the University of Florida in the amount of $37,900, as funding for the Safe Routes to School Grant. 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 4th day of February, 2014, pursuant to Section 129.06 (d), Florida Statutes that such funds are hereby appropriated for the fiscal year 2013-2014, and the County's budget is hereby amended as follows: REVENUE 001559-1540-331491-100 Dept.of Transportation $37,900 APPROPRIATIONS 001559-1540-599330-100 Project Reserve $37,900 After motion and second the vote on this resolution was as follows: Commissioner Frannie Hutchinson, Chair XXX Commissioner Paula Lewis, Vice Chair XXX Commissioner Chris Dzadovsky XXX Commissioner Tod Mowery XXX Commissioner Kim Johnson XXX PASSED AND DULY ADOPTED THIS 4TH DAY OF FEBRUARY 2014. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIR APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY Packet Pg. 136 7.P.b Subcontract by and between University of Florida and the St. Lucie Transportation Planning Organization Subcontract Number: UF13260 St. Lucie SRTS 5-E Program This cost reimbursable Subcontract is entered into by and between the St. Lucie Transportation Planning Organization, hereafter referred to as SUBCONTRACTOR, with offices at 466 SW Port St. Lucie Blvd., Port St. Lucie FL 34953, and the University of Florida Board of Trustees, hereafter referred to as FLORIDA, with offices at the Division of Sponsored Programs, 219 Grfnter Hall, Gainesville FL 32611. WHEREAS, this Subcontract specifies the terms and conditions under which SUBCONTRACTOR will participate in FLORIDA's project entitled Florida Safe routes to School Alon-Infrastructure Program Managementbeing funded by the Florida Department of Transportation, hereafter referred to as FUNDING AGENCY, under contract number BDV31945- 01, hereafter referred to as PRIME AWARD, with funding from the US Department of Transportation under CFDA No. 20.205. WHEREAS, FLORIDA under the PRIME AWARD has all the necessary approvals and authority to enter into this Subcontract. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, FLORIDA and SUBCONTRACTOR agree as follows: STATEMENT OF WORK 1. SUBCONTRACTOR agrees to perform the work as set forth in Appendix A. 2. In addition to the specific work described hereunder, SUBCONTRACTOR's Project Director agrees to maintain a close liaison with the FLORIDA's Project Director throughout the performance of this Subcontract. PERIOD OF PERFORMANCE 1. SUBCONTRACTOR may begin activities called for by Appendix A, on 01 October 2013 with activities ending on 15 June 2014, unless extended by written amendment to this Subcontract or terminated sooner following the termination provisions set forth below. No costs outside the period of performance will be paid from this Subcontract. PROJECT DIRECTOR'S 1. The following individuals have the responsibility of monitoring the technical, scientific, programmatic and administrative aspects of this Subcontract. FLORIDA's Project Director is as follows: Daniel Connaughton, Professor University of Florida Tourism, Recreation, and Sports Management 203B .FLG Box118208 Gainesville FL 32611-8208 Telephone: 352 294-1666 E-mail: danc@hhp.ufl.edu SUBCONTRACTOR's Project Director is as follows: Marceia Lathau, Sr. Painner -Transit St. Lucie TPO 466 SW Port St. Lucie Boulevard Port St. Lucie FL 34953 Telephone: 772-462-1671 E-mail: lathoum aAstlucieco.ora Packet Pg. 137 7.P.b 2. SUBCONTRACTOR's Project Director is essential to the SUBCONTRACTOR's work being performed and no change to SUBCONTRACTOR's Project Director maybe made without written approval of FLORIDA. Such request shall be made to FLORIDA's Administrative Officer. If a suitable replacementcannot be agreed upon FLORIDA may terminate this agreement with 30-days written notice. ADMINISTRATIVE NOTICES 1. Notices required in connection with the administration of this Subcontract shall be delivered to respective Administrative office as follows: FLORIDA's Administrative Officer is as follows: Dawn Stewart, Coordinator Division of Sponsored Programs University of Florida 219 Grinter Hall Box 115500 Gainesville, FL 32611-5500 Telephone: 352-392-0239 Email: ufsubawardsOufl.edu SUBCONTRACTOR's Administrative Officer is as follows: Peter Buchwald, Executive Director St. Lucie TPO 468 SW Port St. Lucie Boulevard Port St. Lucie FL 34953 Telephone: 772462-1593 E-mail: buchwaidpCcDstlucieco.orq REPORTING REQUIREMENTS 1. SUBCONTRACTOR is required to submit one (1) original of the following report(s) to FLORIDA Project Director: Report T e Due No Later than Quarterly Progress Report 01/14/14 for period 10/01/13 —12/31 /13 04/14/14 for period 01/01/14 — 03/31/14 07114/14 for period 04/01/14 — 06/15/14 Final Progress Report 14 days from Subcontract end date 2. These narrative reports should provide an assessment of what has been accomplished during the reporting period With the final report covering the entire Subcontract period. 3. Payments shall be withheld until the required reports have been received. PUBLICITY 1. Neither party shall use the name of the other party or of any investigator in any advertising or promotional material without the prior written approval of the other. PUBLICATIONS 1. The Subcontractor may disseminate research results developed under this Subcontract, provided Florida's Principal Investigator be provided 30-days in advance a copy every publication based on or developed under this Subcontract. ALLOCATION OF FUNDS and PAYMENT 1. Funds provided for SUBCONTRACTOR's involvement in this project shall be on a cost reimbursable basis not to exceed $37,900. The budget for which FLORIDA has based this support is detailed in Appendix B. 2. SUBCONTRACTOR shall submit invoices to FLORIDA for costs incurred along with and on the same schedule as the progress reports listed above. 3. All Invoices shall be submitted at a line item detail equal to the detailed budget in Appendix B. Packet Pg. 138 7.P.b 4. SUBCONTRACTOR shall submit the final invoice no later than fourteen (14) days from the end date of this Subcontract. 5. SUBCONTRACTOR's Invoices must reference the following subcontract numbers; Project No: 00111081 Subcontract No: UF13260 And be remitted to the following address: If by mail or overnight delivery send to: University of Florida Subcontract Manager Contracts and Grants Accounting Services 123 Grinter Mall PO Box 113001 Gainesville, FL 32611-3001 Phone: 352-273-3486 Fax: 352-846-0137 If by email send to: Subcontract-manageraufl.edu 6. At anytime FLORIDA may request additional documentation to support charges on the invoice. 7. SUBCONTRACTOR shall, if necessary and upon request, provide expenditure documentation in detail sufficient for a proper pre and post audit thereof. 8. All travel expenses to be reimbursed under this subcontract shall be in accordance with Florida Statutes Section 112.061, with the exception that non -State of Florida personnel performing travel under a sponsored research subcontract may be reimbursed for travel expenses in accordance with the provisions of the PRIME AWARD and the travel allowances established by the SUBCONTRACTOR. 9. FLORIDA's obligation to pay underthis subcontract is contingent upon an annual appropr€ation by the Legislature and the obligation of funds by the prime funding agency. ALLOWABLE COSTS 1. SUBCONTRACTOR may request reimbursement for only those allowable, allocable and reasonable costs forthe work performed under this Subcontract, as determined by, and in prevailing order of the following: (1) the Subcontract Conditions, (2) the PRIME AWARD, attached hereto as Appendix C, and (3) if federal funding, the SUBCONTRACTOR'S applicable OMB cost principles; A-21, A-87, A-122, Appendix E to Part 74. or by Part31.303 of the Federal Acquisition Regulations, INTELLECTUAL PROPERTY 1. SUBCONTRACTOR, by signing this Subcontract agrees to be bound by the PRIME AWARD's terms and conditions that govem Intellectual Property Rights, to the same extent as FLORIDA is bound. 2. SUBCONTRACTOR agrees to provide a copy of any intellectual property disclosures (invention disclosure) and/or reports required of the PRIME AWARD to FLORIDA's Office of Technology Licensing. 3. Any questions regarding the proper interpretation of a specific clause incorporated herein should be referred to FLORIDA's Administrative Contact, AUDIT REQUIREMENTS 1. If the PRIME AWARD is federal the audit requirements set forth in OMB Circular A-1 33 maybe applicable to the SUBCONTRACTOR. If required, a copy of SUBCONTRACTR's most current A-133 audit report and any responses made to any audit exceptions must be sent to Subcontract -mans er uff.edu. Failure to submit the A-133 audit reports may result in the withholding payments to the SUBCONTRACTOR and/or a stop work order maybe issued. Packet Pg. 139 7.P.b ACCESS TO RECORDS SITE VISITS RECORD RETENTION I. With reasonable notice given, SUBCONTRACTOR will allow FLORIDA, PRIME AGENCY, or any of their duly authorized representative's access to any SUBCONTRACTOR books, documents, papers and records which are directly pertinent to the performance of this Subcontract for audit purposes during the period of the Subcontract and for a period of 3-years following final payment made under this Subcontract. CONVICTED VENDOR LIST 1. A person or affiliate who has been placed on the convicted vendor list by the Department of Management Services, State of Florida, may not submit a bid on a contract to provide any goods or services, including construction, repairs, or leases and may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant for the University of Florida for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. htt ://dms.m florida.com/business operations/state urchasin /vendor information/convicted suspended discrimin atorV complaints vendor lists/convicted vendor list DISCRIMINATION An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity (Florida Statutes, Section 287,134). htt :llwww.dms.m florida.comlbusiness o erationslstate purchasing/vendor informationlconvicted suspended dis criminatory complaints vendor Iistsldiscriminatory vendor list PRIME AWARD REGULATORY DATA All applicable administrative rules and regulations, terms and conditions of the PRIME AWARD, attached hereto as Appendix C, shall become binding upon SUBCONTRACTOR. 2. SUBCONTRACTOR assumes sole responsibility for reimbursement to FLORIDA, a sum of money equivalent to the amount of any payment disallowed in the case of a firm fixed price subcontract or disallowed expenditures in the case of a cost reimbursable subcontract should the PRIME AGENCY or an authorized agency rule through audit exception, or some other appropriate means, that payments made to SUBCONTRACTOR through FLORIDA were not made in compliance with the regulations of the PRIME AWARD or the provisions of this Subcontract. 3. In the event of any inconsistencies between or among the provisions set forth by this Subcontract, the inconsistency shall be resolved by giving precedence in the following order: (1) the Subcontract Conditions, (2) the PRIME AWARD Conditions. LIABILITY 1. To the full extent allowed by law, each party hereto agrees to be responsible and to assume liability for its own wrongful or negligent acts or omissions, or those of its officers, agents or employees in the performance under this Subcontract. Termination at Will: 1, If FLORIDA's funding should be terminated during the performance of this Subcontract, or should the funding for support be deleted or reduced, FLORIDA may in written notice to SUBCONTRACTOR terminate this Subcontract upon reasonable notice consistent with the termination of the prime award. 2, FLORIDA shall reserve the right to unilaterally cancel the Subcontract should SUBCONTRACTOR refuse to allow public access to al I documents, papers, letters, or other material subject to the provisions of Florida Statute Chapter 119, and made or received by SUBCONTRACTOR in conjunction with the Subcontract. An exemption is granted to exclude proprietary or confidential information, personnel records of an evaluative nature, and any legally privileged information. httr)://www,leci.state.fl.us/Statutes/index.cfm?Apl2 mode=Display Statute&URL=Ch0119/ch0119.htm) 3. FLORIDA shall consider the employment by the SUBCONTRACTOR of unauthorized aliens a violation of section 274A(e) of the Immigration and Nationality Act. Such violation shall be cause for unilateral cancellation of this Subcontract. Q c 0 U v7 w LO 6 H v7 0 0 t L) rn 0 r (n ar 0 m M rn 0 N U) w M c 0 L) u7 w 0 0 t L) u7 0 ar 0 W m M rn c aD t r Q Packet Pg. 140 7.P.b 4. Either party may terminate this Subcontract at anytime, for any reason other than stated, upon no less than thirty (30) day's upon receipt of written notice to the other parties Administrative Officer. Termination for Breach: 1. FLORIDA will provide written notice of intent to terminate for breach to the SUBCONTRACTOR's Administrative Officer no less than fifteen (IS) days in advance of termination date and will state provisions it considers breached. 2. Unless SUBCONTRACTOR's breach is excused FLORIDA may, by written notice ofbreachto SUBCONTRACTOR, terminate the whole or any part of this Subcontract if SUBCONTRACTOR falls to provide Services called for by this Subcontract within the time specified herein or any extension thereof. Termination shall be upon no less than twenty-four (24) hours' notice in writing and delivered to the appropriate Administrative Officer of the other Party. SUBCONTRACTOR shall continue the performance of the non -disputed portions of the Subcontractto the extent not terminated under the provisions of this clause. 3. Waiver of breach or any provisions of the Subcontract shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Subcontract. Termination Agreement: 1. After receipt of a notice of termination, and except as otherwise directed, SUBCONTRACTOR shall: a. Stop work under the Subcontract on the date, and to the extent specified in the notice of termination. b. Place no further orders or subcontracts for materials, services, or facilities, except as may be necessary for completion of such work under the Subcontract as is not terminated. c. Terminate all orders and subcontracts to the extent that they relate to the performance of work which was terminated. d. Handle all property purchased under this Subcontract in accordance with the terms of the Prime Award. e. Prepare all necessary reports and documents required under the terms of the Subcontract up to the date of termination, including the final report due at the end of the project, if any, without payment for services rendered In completing said reports beyond termination if said reports are not completed prior to termination date. f. In the event of termination, SUBCONTRACTOR will be reimbursed forall costs properly incurred and any non - cancelable obligations properly incurred through the effective date of termination. INDEPENDENT CONTRACT012 1. For the purpose of this Subcontract and all work and services specified herein, the parties shall be, and shall be deemed to be, independent contractors and not agents or employees of the other party. COMPLIANCE WITH THE LAW 1. The parties to this Subcontract shall comply with all applicable federal, state, local laws and regulations and nothing in this Subcontract shall be construed to require either party to violate such provisions of law. MODIFICATION OF SUBCONTRACT 1. This Subcontract may only be changed or modified by an amendment executed in the same fashion as the original. Packet Pg. 141 7.P.b IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their duly authorized representatives; St. Lucie Transportation Planning Organization Authorized Officer . pe[7 - �JvL��� 1 j Name be Date `, o 0 o 8 33' Subcontractor's Federal Tax lD# Universi of Florida Authorized Signature Brian Prindle, Associate director of Research Name Date Packet Pg. 142 7.P.b APPENDIX A STATEMENT OF WORK 3 St. Lucie SRTS. 5-E program Q PURPOSE: L Under this one year renewable contract (October 1, 2013 —June 15, 2014), the St. Lucie County Transportation Planning O Organization agrees to administer all aspects of the program, as defined below: Statement of Work ua 1. This project extends the SRTS 5-E Program activities to an additional 15 schools: Allapattah Flats K-8, Bayshore Elementary, Dale Cassens Education Complex, Dan McCarty K-8, Delaware Avenue School, Forest Grove Middle School, Fort Pierce Magnet School of the Arts, Lakewood Park Elementary, Mariposa Elementary, Parkway Elementary, Samuel Gaines K-8, Savanna Ridge Elementary, Southport Middle School Weatherbee Elementary, and White City Elementary. These schools were chosen because all are Title I Schools and because the schools are o geographically dispersed throughout the County. CTST partners would assist in the identification of specific o walking/bicycling hazards in the vicinity of each school and in the development of comprehensive SRTS 5-E activities. The SRTS activities include a wide variety of countermeasures ranging from curriculum -based solutions to improved rn school zone visibility. TPO staff would provide assistance with implementation of the countermeasures. The St. Lucie o SRTS 5-E program's comprehensive approach includes the "5 E's" (Education, Encouragement, Enforcement, N Engineering, and Evaluation). 2. Engineering - School District and TPO staff will continue to attend staff -level meetings to identify and prioritize e infrastructure safety solutions. Evolving content from the SRTS 5-E Program will be a topic of discussion at these meetings. The SRTS Program will result in a prioritized list of improvements to be developed in coordination with relevant School District, local government and law enforcement staff. The Program will include discussions of methods to implement these improvements. 3. Education - focus of the SRTS 5-E Program will be the distribution of traffic safety literature to parents and students at school and Health Department -sponsored events, the development of Safety Lesson Plans, and the N development of workshops to assist school personnel in the implementation of walkinglbicycling safety measures. U) ua 4. Encouragement - TPO staff will provide school administrators with promotional materials which encourage walking and bicycling to school. TPO staff will assist with the establishment of "walking school buses" and the development of Walk to School/Bike to School Day events in cooperation with SFCS, health department, law 0 enforcement, local government agency, and School District staff. w 5. Enforcement -School Resource Deputies and crossing guards will continue to enforce safe bicyclinglpedestdan c behaviors. The TPO coordinates activities with the School Resource Deputies through participation in the quarterly CTST meetings. The SRTS 5-E Program will result in a prioritized list of enforcement recommendations to be developed in coordination with relevant School District, local government and law enforcement staff. The SRTS Program will include w discussions of methods to implement these recommendations. LO 6. Evaluation - School District staff will connue to monitor the number of students walking/bicycling to school. ti o Specific to the SRTS 5-E Program, baseline data will be collected by School staff at the beginning of the program and follow-up data will be collected at its completion. The Evaluation component will use the standard SRTS student travel rn survey in addition to the surveyststudent counts the School District already uses to generate baseline data on student o walkers/bicyclists. SRTS tally data will be input on the National SRTS website. Additionally, the standard SRTS parent ,a survey will be collected and input when possible_ +; 7. Provide quarterly and annual reports of the St. Lucie SRTS 5-E activities. These reports may include related activities not specifically funded by the University of Florida, but these should be so noted. m This Scope of Services can be amended as necessary by an Amendment approved by the St. Lucie County TPO, 4- rn University of Florida, and the Florida Department of Transportation (FDOT). PRODUCTS AND SERVICES: aD E In performance of this contract, the Subcontractor agrees to the following minimum level of effort, assurance, and deliverables: r Q 1. Administer the program as noted in items 1- 7 above. 2. Use funds allocated to pay salary and benefits for the program staff, 3. Use funds provided to pay for St. Lucie County TPO- approved, contract -related travel, materials and/or Packet Pg. 143 7.P.b equipment as needed to conduct program activities; 4. Provide quarterly invoices and reports for approval and payment as outlined in Periods of Performance, below. The quarterly reports will specifically indicate program performance as noted in items 1 - 7 above. 5. Provide two print copies and an electronic copy of the annual report by fourteen days following June 30 of each year, summarizing the accomplishments of the year. This annual report may be posted on the FDOT Pedestrian and Bicycle Program's website or published in other ways deemed to be appropriate to publicize the accomplishments of the program. PERIODS OF PERFORMANCE: This subcontract will be in effect from October 1, 2013 —June 15, 2014. Invoices and quarterly reports will be sent to the University of Florida by: 1/14/14 for period 10/01/13—12/31/13 4/15114 for period 1/01/14 — 3/31114 7/14/14 for period 4101/14 — 6115114 Packet Pg. 144 7.P.b APPENDIX B BUDGET 1i IRAN! I !1jQAJQJ1'!1J;!�1ffl1J 0 00 �• a Below each item, explain how the item will support the program, and other appropriate details. Budget item Requested Funds ftrtOhnid Simvlces*;(List titles and totals in first boxes below} In Narrative includQ numbers of hours, Fio�irl. rates, whoaif �s person �s, and Whether it's a new position or hours and duties added to an existing position. TPO Executive Director 2,600 Narrative: (1 hour/per week @40 weeks @$65/hour — includes benefits) Project Manager 14,400 Narrative: (8 hourslper week @40 weeks @$451hour — includes benefits) Operations Administrator 3,200 Narrative: (2 hours/per week @40 weeks @$401hour — includes benefits) Contracted Planning Specialists 7,200 Narrative: (12 hours/week @40 weeks @$15/hour) Expenses: Materials and Supplies: Printer Cartridges (3) 120 Paper (3) 120 Plotter Cartridges (3) 210 Educational items: Activity Books (1,500) 1,000 Promotional Items: Reflective Items (3,000) 3,750 BicyclelWalk Lights (3,000) 4,500 Other Expenses: Operating Capital Outlay: Equipment: Signs/Other Equipment (32) 800 Total Request: $37,900 L 3 a L 0 CO w H W CO 0 0 v N O d r 0 W 1.2 U) Q Packet Pg. 145 7.P.b e oo• Explain any voluntary local matches for your program: The TPO has identified a task in its current Unified Planning Work that involves public outreach and education. As part of this task, TPO staff will partner with St. Lucie School District staff, the St. Lucie County Health Department, and other Community Traffic Safety Team members to provide bicyclelpedestrian safety education and outreach to local schools and youth groups. TPO planning funds will be used for this task. Explain in more detail below: 1. What each requested budget item listed is 2. How each will be used in your activity Personnel Services: 1. Item detail: SRTS Project Manager 2. Activity: The SRTS Project Manager will make contact with individual schools to determine bicyclelpedestrian safety needs and fulfill requests for traffic safety equipment and educational materials. The Project Manager will coordinate with School District Transportation Department staff regarding their needs as well. The Project Manager will make presentations to schools and other organizations upon request. The Project Manager will attend school open houses, health fairs, and other events to provide reflective items, bicycle helmets, educational material, and other giveaways to students in need. The Project Manager will coordinate with a variety of agencies including local government, law enforcement, and health organizations. The Project Manager will be assisted in these activities by the Executive Director, Operations Administrator, and Contracted Planning Specialist. The Executive Director will review all SRTS materials produced by the Project Manager. The Operations Administrator will be responsible for SRTS grants administration. The Contracted Planning Specialist will assist with SRTS outreach activities. Expenses: Materials and Supplies 1. Item detail: Printer Cartridges, Plotter Cartridges, and Paper 2. Activity: Printer Cartridges, Plotter Cartridges, and Paper will be used in reproducing event flyers, brochures, reports, maps, and other materials. Expenses: Educational items 1. Item detail: Activity Books Activity books will be purchased which teach students about pedestrian and traffic safety. Activities in these books will help students learn and develop the skills to handle everyday traffic issues as they play outdoors and walk to school without adult supervision. 2. Activity: Expenses: Promotional Items 1. item detail: Reflective Items and BlcyclelWalk Lights 2. Activity: Reflective items and bicycle lights will be given away to students to enhance safe walking and bicycling. Expenses: Other Expenses 1. Operating Capital Outlay: 1. Item detail: Traffic Signs/Safety Equipment 2. Activity: Traffic Signs/Safety Equipment will be provided to schools at their request to fulfill their need to improve school zone safety. 0 N U) u.l c 0 L) U) w Lh 0 0 L) u7 0 ar 0 4— M c a� E t r Q Packet Pg. 146 7.P.b Appendix C - Prime Award STATE OF FLORIDA DEPARTr4ENT OF TRANSPORTATIO14 375•040.91 T�'gSKWORK'O'AbER FOR PROCUREMENT MASTER UNIVERSITY AGREEMENT OGC- 31172 AMENDMENT Master Agreement #: Cost Center # - Task Work- Order #: Amendment #: B.D..V31 945 - 01 1 Task Work Order Description: Administer the Florida Said Routes to School Jon -infrastructure Program Management (UF) and perform related duties, including but notlimited to providing general reports, forms, budgets, and invoices; staff management; coordination with Florida Safe Routes to School staff; providing phonelemail and information requests, Provide oversight and evaluation of ton-lrifrastructure broerrams. FThe effectiire date of this amendment is'thedata the Department signs theamendment, unless otherwise stated within theamendment, heck all applicable terms [� The time for completion of services for the subject task work order is extended thru ❑ The subjecttask`work order is hereby canceled (no work has been performed and no payment is due). ❑ The total am0W-kt for services performed under this }ask. w6rk order is increased by $ The additional funds will be allocated as defined in the attached revised Exhiblt B', Method of Compensation. ❑ The total amount for services performed under this task work order is decreased by $ The decrease In funds -will be allocated av defined in the attached revised Exhibit B, Method of Compensation. ❑ There is no increaseldecrease in the task work. order amount. Funds are only redlstributed between r1o.mpensation elements as defined in the attached revised ExWbit B, Method of Compensation. ❑ The Scope of Service is hereby amended, attached hereto, and incorporated herein. Other: This is to amend the TWO to change the start date.to "As: specified. in Scope of Services." The scope has been amended to match the date on the encumbrange. Department Contact: Name: Sarlta.Ta for Phone: 860-414-409a Office: Safety Email: sarita.ta for dot.state.fl.us Departmental Approval: University Acceptance: Brian Prindle AD for S onsored Research L?Cmsm saQ 4� (Name) (Title) (Signature) (Date) Legal Review:. Packet Pg. 147 Appendix C - Prime Award Scqpe of Service Florida Safe Routes to school Non -Infrastructure Program.Management Contract #BDV3 1, Task- Work Order 945-01 Submitted to: Sarita-Taylor The Florida Department of Transportation safety.6ffke 605 $uwanoce 15trptt : MS- 53 Tallahassee;.3e, FL 52- �9 $pbmitted by: Daniel, Connaughtnn, E.'d;D. (PI) College -of Health and Human Perfoitnanco Deputment of Tourism,.Rcaeation, and Sport Management P. ,0. Ro-x 118208, 300 F1,; -3 Gainesville; FL 32611 Aug,W 2.I, 2013. Packet Pg. 148 Appendix C - Prime Award Exhibit "A" SCOPE OF SERVICES Florida Safe Routes to 361ool Non -Infrastructure -Program Management Under this one year renewable -contract (Aygust2,2013; — .iunq 30, 2014), the University. ofFlorida, Departrhent of Tourism, Recreation. and S1Sort.M4nagement/College of Health and 1luman PerWymance, �acid F16iida.:Safe Routes to Sohodl.Non-lnfraWucture Program Management, agree to administer all aspects of the; program, M de#h6d. bolQwv 1. Admmisterthe Florida S-a-fe;1kpvtqs to School Npnlnfx wtructurrd Progranimivagonea.(LJF) and -perform related dutiesj including but not limited to providing general reports, fors:, budgots'... add invoices,t staff managernbut UF;:coordinationwith Florida Safe Routes to School staff, pro idingphdiip/cpia11 and informati6n requests. 2'. Providethefollowing for Flon'do,'S-RTS (non-infiastructuf6) programs: b g d being managed: a. Ovens andevdluation of. the eandard. SRTS tally to be used -1--th .Y . U . 0 bpginnffigatid -end of each school yea -in schools.receiving SRTS-funded programs. This tally -includes infomation. abouthow-the students strived to school, 'Obtaining tally information.is a required component of each SRTS-funded Non -Infrastructure program being managed. Annually evaluate -each program and provide- sugges0ons, to the Florida SRTS Coordinator, for areas- of improvement in which may include:but not be limited to curriculum, pWgranAesigfi, pfugrgan.reach,, progtath ev:aMt16n, etc. Provide qparte;lyaid annual -reports -of-the Florida Safe Routes to $eliool Non-In6astruilqre Prograrn. Management activities to Florida SRTS Coordinator., These reports will include an overall —summary, and the, Q40t6dykeportsi of the programs being inAnaged. These reports may also in -elude related aptivitiantrt s&cjfleaUy funded by Safe Routesto School, This Scope of Services can be. amended as -necessary by a74sk Work Order Amendment approved by the Depardneftt. and.the University-ofFlorida. PRODUCTS -AND LSERVICES- In. performance of this contract, the University of. Florida agrees to'the-following rpinimmn level of effbi;.assUrahod, and doliverable& Adrqhister the prop as;noto d in items 14 —ab6iii- ra4i: 2, 1VSe Amds to -pay quarterly invoices from programs being managed (see )3udget fQr list of progrwns)_ 3. Use funds .allocated'to'.pay salary wind benefits for the program (UF).staff; 4. V6e fanap.-provido to. pay for Uni'versity. of Flbrida approved .contract related travel, for OF staff, rnaterials-and/or. equipmeat as needed to -condupftprogftan activities; 0 LY LO -6 0 U Cn 0 0 4- N U) LU 0 LY LO -6 0 rn (n a) 0 4- M Cn E I Packet Pg. 149 Appendix C - Prime Award 5- Provide gu4terly invoices and reports fbt approVdl and. pAyment as outlined in, Periods of Perf0rMabce,:b6Iowi Th-e.quarterly. repots will spc�W Pically indleate prograiii performance ,4 above; as noted in items S I e,. 6. Provide three,pift:copies'and an electroj�c. copy of the annual. report by dj�lrty days following. fune 30 of each' year, suimnari . eg.program activities and acconiplishments. This. aivival tOp6rt maybe posted on the MOT M.6striail and Bicycle Frograun,-s Websfte, or published in other ways deemed to be appropriate to p0blitize the ftednplislimht, 6fthe program. PERIGD9.-OF'PERP .., , " I "' .. This Task Work Order will be in effect frarn.August 2,2 013 —.June 30,2014. lnvolu!4 and quarterly reports will. besent to the Department by; I M t/I 3 for PcdQd'910?J.1 3 — 9/3 0/13 1/1.1114 for period.. 1.0/01 /11 — 1 Z/31713 4150/14 forperiod V01/14— 3/3-1114 7/15/14 for period 4101/14— 6/30/14 .8VIDGET: The Lump Sum amomt for -this T"k Work. Order is $723,133,3 1, This Lump Sum may b e•increased or dacropsed by qp t0'I OMG with a TaA Work, Order Amendment approved by tihbDep"ent and the VniVMity-0f-FIor*. BeloW is. the bt.eakdjwn of the Direct and Indirect- Costs. Thtal-I)iroqt: $ 657;194.16 To -tat indirect,-., 65,739.41 Total: $ 723,133.51 I Packet Pg. 150 Appendix C - Prime Award Below is the breakdown of costs :by state fiscal year: Program Name FV 2014 ?0& Cquilty- A-J]jCbijiken'A Ho!eitaL $60.37 Manate!-COUnty Childrees1loppital $63;641 Qa4vtto Countym-0 ChildranlsmXNPital W Nso&Rbunty All WAWA 9'osa 40tYl- All g�ml;mmHo�* Pipellas. 9o0�n - All-Mdrea's H-osP44— Affibmi-DaLde Bik&Walk Sofa Edwation Miami -Dade Bike/Walk gafeMedia Campalp_ St Lucie SXTS 5-E-Vregram Walkand;>toil Sqrasqta. Indht XUvmermCouutym.Bikq/POdmS.aft 1!duioatfon $1 �.bsaftls Children's Roji-lai R Tampa KI*grade CeA((,x for Urban Trans portatiodResearch More Health Safe WalkeiVAiders . - T13ARTA X ,PmfqOF1aL— SchpD1 Bus and S"otiaql P0,01 Progrm SUSYMMOOM SOPM $597,631 Pro9mm -m4nagezaent (10/6) $59,763.10 Unviers'rty ofiflorida 1ndfrovt,CO9&,m-,(lOP/Q YEARLY, S723433-41 I See below for the SRTS Non -Infrastructure. (NI) Program Management Budget A. Budget YmAg=t2.2Ol3—June-3g-,201-4 Salary, $4.0,332.41 Program Administrator, P.rhicipal Investigator, and other staff. j3enefjfs;,$-13,430.695,, Program Adrhinistrator,- Prihci�al Investigator, and o1h& staff. Program 8xpensm $1,000. Printing; office supplies (paper, ink, fbtderg,'pfts; markers, etc.); and related eqtl.' - etit Ipm (e.g., computer, software.programs, etc.). Program Admjnjsirgor and Principal Investigator travel T61ated to the inapagement of Vlorida SR-TS Non-Infrastracture programs (gas:.hoteli meals, etc.).r.twel to other Safe Routes to -School,-poa.-iko safety -related, FDOT etc. meetings, workshops, and -conferences;. workshop =d conference Tegistration, and/or exhibit booth 065, I Packet Pg. 151 SUMMM A-UMI'l 101.3 -�Juice 30.2014; Wary: $40,332,41 Benefits. 1`3A30.69 ProgAm Expenses: 2.,OOG Travel: 4.000 T6t4UD1fttt Cost: Contact .Information Principal InvPsfigqtor-, FDOT Safe Routes to School Coordinator- Appendix C - Prime Award Danfel"Commghtoji Univorsity of Florida P.O. Box I 1.8208.,.300 FLG GaineMfle, FL. 3261-1, Phdne- ($52.).294-1.6-66 Fax: (352) 3�24$88 Email_ danC'@bIiP'IIfl.q4-u Sarita T-o-yIer, Florida Deponent of Ttansportatiojj .50ety Oflige 005 94w=ea Tallahassee, FL 3.2399 Phone; (950).245-4529 Fax:: (00) 245-1554 Email: Saritalaylor@dot,state.A.us Packet Pg. 152 EXHIBIT "Bil METHOD OF COMPENSATION .LtJ_RPOSE, Appendix C - Prime Award This Exlubit defines the limits and rdeffiod dcohnpensatj6n to be made tothe.University of Florida for the services. get forth JU RXIlib"It and the meth(% by Which payments shall be made. 2. COMPENSATION For thb tatisfactoqperfbrmatnce: of services; detailed in E the University of'Elprida shall bd paid a lump Sum Amount of $723,133,51, The lump Sum Amountshall be:mad0:upof $723,13151 from FiSQ01 Yom 1013 4014, The University oflpilolida shulll -not provide so, -vices the exceed the Fiscal Year amount(s) wi'ffiOJ3t4ftapproved fiJucndment-frOMthB.I)OPmtment. TheQniversi . ty Of Florida will not commence work each fiscal year until Notice to :Prooeed has keen issued by the lyapgrtmellt. This,AgrceinW includes the pukhAge of Tangible Personal Property, as defffied in Stch-m 273.02-'FIpri&a StAt4tes-.,which, wi l,b ei. acquired 40:000r4anm with Rule 60A- 1 1017, Florida Adininistrafive, Cbdo.. Such property is idoptifiod below and will bccolhe thz,-PkGp&ty-6f-'ffi0 Depaftent uPWI. SUPOA receipt Qf the property; the purcha e, COAsultant VAII pfoVid6 t4b Departmeht. a * Opy, of the purchase invoice and serial number, will afft. Depu4pont-ioeptory 0ontrol 1-Abdis, will AccoiMhodate physical. inventories required by the Department and transfer control of the property to the Department upon 6odipletibn of services. Staff will bo p*hasixig a l4ptop tb 'W6 With -site moiiitofii g, re'views. and -evaluations of I. PROGRESS PAYMENTS:: For FneaI Yea t 2013-2014tfie-University offlorida shall submit quarterly invoices in a format acceptable to the Department. Pavibent shall be made to the Uhiymity of FInrjda at the .unif rate of V 0,783-:579--per quarter, as appro'Ved by the, Dopgrtme kvLoices sfiC be submitted. . to... Santa Taylor, Florida Safoloxites to School Coordinatot Florida Department of Transpqrtataipn Safety Office 605 Suwannee St.; MS 53 Tallahassee, FIbrida-32399 0 U LY LO -6 0 U Cn 0 0 4- N U) LU C 0 U) LY LO -6 0 U) 0 (n a) 0 4- M Cn E I Packet Pg. 153 7.P.b STATEOF FLONDA OEPA MEW OP TRNJSPORM-naN TASK WORK ORDER FOR MASTER UNIVERSOTY AGREEMENT - Task Appendix C - Prime Award Order 37MAM PAOCUREMBO ore-19712 Task Work Order Description: Administer the Florida Safe Routes to School Non -Infrastructure program Management (UF) and perform related duties, including but not Ilmlted to providing general reports, forms, budgets, and Invoices; staff management, coordination with Florida Safe Routes to School staff; providing phone/email and information requests. Provide oversignt and evaluation of Non -Infrastructure vroarame. The start date ofthis task work order rs: ® Upon execution of the Task Work Order by the Department. ❑ Issuance of a Notice to Proceed. ❑ As specified in Exhibit A (Scope of Service). In accordance with the above referenced contract, you are authorized to perform the tasks detailed in attached Exhibit A (Scope of Services). All services required under this Task Work Order will be completed by: Bi3012I114 or the end date of the Master Agreement, whichever occurs first. For the required services, compensation shall be $ 723.133.51 as described In the attached Exhibit B (Method of Compensation), Applicable Appendices: (If checked, Appendix must be attached to the TWO) ® Appendix 1 Terms for Federal Aid Contracts ❑ Appendix 2 Terms for Information Technology Resources ❑ Appendix 3 Terms for Federal Transit Administration ❑ Other: ❑ State Funds (If applicable) CFSA # ® Federal Funds (If applicable) CFDA # 20.205 ❑ Other. Department Contact. Name: Serha &Jaylor Phone: 850-414- 098 Office: Safety _ Email: §adtaAav1o[@dot.state.f1.us Departmental Approval: University Acceptance: Bria Prindle ^� A Dim Sconsored Research , (Name) (Title) (Signature) IQate1 Legal Review:C/_0 q C, Packet Pg. 154 7.P.b Appendix C - Prime Award Florida Department of Transportation RICK SCOT 605 Sutivamiee Street ANANTH PRASAD, P.E. GOVERNOR. Tallahassee, FL 32399-0450 SECRETARY September 25, 2013 Vendor: university of Florida Task Work orders (TWO) #: 945-01 & 945-02 Contract M BDV31 TWOS Descriptions: Florida Safe Routes to School Non -infrastructure Program Management Florida Safe Routes to School Walking School Bus The University of Florida Department of Tourism, Recreation and Sport Management/College of Health and Human Performance and The Florida Traffic and Bicycle Safety Education Program, agree to administer all aspects of these programs. Under this contract, the University of Florida Department of Tourism, Recreation and Sport Management/College of Health and Human Performance has an option to renew, upon approval of The Florida Department of Transportation. In accordance with the above referenced agreement, you are authorized, upon issuance of a notice to proceed during the following fiscal year: FY 13/14 to perform the tasks_ detailed in the attached Exhibit "A", Scope of Services, For the required services, compensation shall be $723,133.51(TWO 945-01) & $44,000.00 (TWO 945- 02) for the fiscal year 13/14 as described in the attached Exhibit "B', Method of Compensation. All services for fiscal year 13/14 required by this Task Work Order will be completed on or before June 30, 2014. Please acknowledge receipt of an agreement with this Task Work Order by signing and dating copy and return a signed copy to: Donna K. Collins Florida Department of Transportation 605 Suwannee Street MS-53 Tallahassee, Florida 32399-0450 --AP44-//7' ��'- -0 (r1-fr_,JW mom Lora B. Hollingswofth, P.E. Chief Safety Officer Attachments: Exhibit "A", "B" Nvww.dot,state.fl.us Division of Sponsored Research, University of Florida Date Packet Pg. 155 7.P.b Appendix C - Prime Award Flopida Deparinfent of Transportation RICK SCO'rr 405 Suwannee Street ANANTH PRASAD, P.E. GOVERNOR Tallahassee, FL' 32399-0450 SECRETARY October 3, 2013 Mr. Brian Prindle, Associate Director of Research University of Florida P.O. Box 115500 Gainesville, FL 32611-5500 RE: Notice to proceed, Task Work Orders #945-001 & 945-002 Contract #BDV31 Dear Mr. Prindle; These letter servers as your notice to proceed on October 3, 2013 with services described on Task Work Orders #945-001 and #945-002 of Contract # BDV31. The service is for Florida Safe Routes to School Non -Infrastructure Program Management and Florida Safe Routes to School Walking School Bus Program. Sincerely, / L t�a. � Lora B. Hollingsworth, lP.E. Chief Safety Officer cc: Dan Connaughton Lora Hollingsworth «,rvks .dot.Slide.fl.Eis Packet Pg. 156 7.P.b Appendix C - Prime Award 37&WD40 PROCUREMENT TO Page 1612 TERMS FOR FEDERAL AID CONTRACTS (APPENDIX I): CONTRACT (Purchase girder) # I3 � 113 TWO 945.01 The following terms apply to all contracts in which it is indicated In Section 7.13 of the Standard Written Agreement, the Master Agreement Terms and Conditions, the Contractual Services Agreement, or the Purchase Order Terms and Conditions, that the contract involves the expenditure of federal funds: A. It is understood and agreed that all rights of the Department relating to inspection, review, approval, patents, copyrights, and audit of the work, tracing, plans, %solfioations, maps, data, and cost records relating to this Agreement shall also be reserved and held by authorized representatives of the United States of America. B. it is understood and agreed that, in order to permit federal'participation, no supplemental agreement of any nature may be entered into by the parties hereto with regard to the work to be performed hereunder uvithoutthe approval of U.S.D.O.T., anything to the contrary In this Agreement not withstanding. C. Compliance with Regulations: The Gontractorshall complyw€th the Regulations relative to nond€scrtmfnation In Federaliy-wsisted programs of the U.S. Department of Transportation (hereinafter, "USDOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein Incorporated by reference and made a part of this Agreement. D. Nondiscrimination: The Contractor, with regard to the work performed during the contract, shall not discriminate on the basis of race, color, national origin, sex, age, disability, religion or ferrilly status in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, Including employment practices when the contract covers a program setforth in Appendix B of the Regulations. E. Solicitations for Subcontractors, including Procurements of Materials and Equipment: In all solicitations made by the Contractor, either by competitive bidding or negotiation for work to be performed under a subcontract, including procurements of materials or leases of equipment,, each potenWi subcontractor or supplier shall be. notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrImination on the basis of race, color, national origin, sex, age, disabil€ty religion or family status. F. information and Reports: The Contractor shall provide all information and reports required by the Regulations or directives Issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its faciiliies as may be determined by the Florida Department of Transportation, the Federal Highway Adminlstralion, Federal Transit Administraton, Federal Aviation Administration, and/or the Federal Motor Carrier SafetyAcimfnlstraflon to be pertinent to ascertain compliance with such Regulations, orders and Instructions. Where any'lnforrnatlon required of a Contractor is In the exclusive. possession of another who fails or refuses to furnish this information the Contractor shall so certify to the Florlde Department of Transportation. the Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier SeOWAdminist'ration as appropriate, and shall set forth what efforts it has made to obtain the. information. G. Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the nondiscrimination provisions of this contract, the Florida Department ofTransportatlon shall impose -such contract sanctions as it or the Federal Highway Adminlsiratfon, Federal Transit Adminlslration, Federal AvlatldnAdministration, and/or the Federal Motor Carrier SalefyAdmfnlstrafion may determine to be appropriate, including, but not limited to: I. withholding of payments to the Contractor under the contract until the Contractor complies, and/or 2. cancellation, termination or suspension of the contract, in whole or in part. H. Incorporation of Provisions: The Contradtorshall include the provisions of paragraphs C. through H. In every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Contractor shall take such action with respeotto any subcontractor procure mentaa the Florida Department of Transportation, tha Federal HlghwayAdmInistradon, Federal Transit Administration, Federal Aviation Administration, and/or the Federal Motor Carrier Safety Admfnistration may direct as a means of enforcing such provisions Including sanctions for noncompliance. In the event a L R 3 Q a� v R L 0 U w H 0 0 0 r xu r 0 4- m 0 N u) u.I c 0 u) w , LO 0 0 u7 0 r a� 0 4- M xn c (1) t 0 m r Q Packet Pg. 157 7.P.b Appendix C - Prime Award 375-NO-40 PROOUREksm 20 Paget d2 Contractor'becomes involved in, or is threatened with, litigation with a sub -contractor or supplier as a result of such direction, the Contractor may request the Floride Department of Transportation to enter Into such litigation to protect the interests of the Florida Department of Transportation, and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. I. Interest of Members of Congress: No member of or delegate to the Congress of the United States shall be admitted to any share or part of this contract or to any benefit arising there from. J. Interest of Public Officials: No member, officer, or-ernloyee of the public body or of a local public body during his tenure orfor one year thereafter shall have an Interest, director Indirect, In this contractor the proceeds thereof. For purposes of this provision, public body shall include municipatitles and other political subdivisions of States; and public corporations, boards, and commissions established under the laws of any State. K. Participation by disadvantaged Business Enterprises: The Consultant shall agree to abide by the fallowing statement from 49 CFR 26.13(b). This statement shall be included in all subsequent agreements between the Consultant and any sub -consultant or contractor. The contractor, sub recipient or subconfraCtor shaft not discriminate on the basis of race, color, national orlqq��n, ar sex In the performance of this contract. The contractor shall cony out applicable requlremen�s of 49 CFR Fart Z6 in the award and adminls#ration of DOT assisted contracts. Failure by tl�e contractor to carry out ihesa requirements fs a material breach of this contract, wnfch may result in the termination of this contract or such o#her remedy as the recfplentdeems appropriate. L. Itis mutually understood and agreed that thewili€u€ falsification, distortion or misrepresentation with respectto any.facts related to the project(s) described in this Agreement Is a violation of the Federal Law. According€y, United States Code, Tide 18, Section 1020; Is hereby incorporated by reference and made a part of tins Agreement. M. It Is understood and agreed that if the Consultant at any time learns that the cert€fication It provided the Depertm'ent in compliance with 49 CFR Section 28.51, was erroneous when submitted or has become erroneous by reason of changed circumaiances, the Consultant shall provide Immed late written notice to the Department. It is further agreed that the clause #!tied "Certification Ftergarding Debarment, Suspension, Ineliggibil€ and Voluntary Exclusion - Lower Tier Covered Transaction' as set forth in 49 CFR, Section 29.510, shall be Included by the Consultant in all lower tier covered transactions and in all aforementioned federal regulation. N. The Department hereby certifies that neither the consultant nor the consultant's representative has been reqquired by the Department, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contract, to 1. employ or retain, or agree to employ or retain, any firm or person, or 2. pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, orconeideratlon of any kind; The Department further acknowledges that this agreement wiR be furnished to a federal agency, In connection with this contract Involving participation of Federal -Aid funds, and is subject to applicable State and Federal Laws, both criminal and civil. O, The Consultant hereby certifies that it has not: 1. employed or retained fora commission, percentage, brokerage, contingent fee or other consideration, any firm or person (other than a bona fide employee working solely for me or Is above contractor) to solicit or secure this contract 2, agreed, as an express or lmplled condition for obtaining this contract, to employ or retain the services of any firm or person In connection with carving out this contract; or Pt nsirl _nr anrraad_frLncar hnna-nda-am-nlemme mmrk.lnn...--._._. ..-..- for me or the above contractor) anyfee contribution, donation, or consideration of kind for, or nection with, procuring or carrying out the contract. The consultant. further acknowledges that this agreement will be furnished to the State of Florida Department of Transportation and a federal agency in connection with this contract involving participation of Federal -Aid funds, and is subject to applicable State and Federal Laws, both criminal and civil. L R 3 Q a� v R r c 0 U O v7 w H 0 0 t L) rn O rn a� 0 4- O 0 N U) Lu c O L) u7 w Lh 0 0 t L) rn 0 a� 0 W m 4- M c a� E t r Q Packet Pg. 158 7.P.b Appendix C - Prime Award STATF.ORFLORIM OEPARTMENrOFTRPNSPORTAT[ON 87SZ40-m ACQUISITION OF TANGIBLE PERSONAL PROPERTY PROCUREMENT 1NITHIN CONTRACTUAL SERVICES CONTRACTS 01mo CONTRACTOR: University of Florida This contract for Florida Safe Routes to School Non -Infrastructure Program Management services provides for the vendor to purchase tangible personal property as defined In Section 273,52, F.S„ and requires the tangible personal property be acquired In accordance with Rule 6OA-1.017, FA.C. with subsequent transfer of the tangible personal property to the State, CHECK: © The agency has determined in writing that there is, an absolute and demonstrated need to acquire the property through the vendor, as opposed to direct acquisition by the agency. EXPLAIN; Staff is not FQOT employee. Computer will be used for on -site evaluations and correspondence. ❑ The agency has provided a means to identify the spec ffc property, including line -hem costs, acquired by the vendor for subsequent transfer to and control by the agency. LIST ITEMS TO BE ACQUIRED AND RELATED COST: © The agency_bas- specified or will specify in writing the gdality level of the commodity(ies) to be acquired artd made provisi na for warranty terms, service, and transfer of ownership. "V Prole Manage Ian turp- Bate Packet Pg. 159 7.P.b Appendix C - Prime Award Scope of service Florida Safe Routes to School Non -Infrastructure Program Management Contract #BDV31, Task Work Order 945-01 Submitted to: Sarita Taylor The Florida Department of Transportation Safety Office 605 Suwannee Street, MS 53 Tallahassee, FL 32399 Submitted by: Daniel C:onnaughton, Ed.D. (PI) College of Health and Human Performance Department of Tourism, Recreation, and Sport Management P.Q. Box 118208, 300 FLO Gainesville, FL 32611 August 21, 2013 Packet Pg. 160 7.P.b Appendix C - Prime Award Exhibit' A" SCOPE OF SERVICES Florida Safe Routes to School Non -Infrastructure Program Management PURPOSE: Under this one year renewable contract (July 1, 2013 — June 30, 2014), the University of Florida, Department of Tourism, Recreation and Sport Management/College of Health and Human Performance, and Florida Safe Routes. to School Non -Infrastructure Program Management, agree to administer all aspects of the program, as defined below: 1. Administer the Florida Safe Routes to School Non -Infrastructure Program Management (UF) and perform related duties, including but not limited to providing general reports, forms, budgets, and invoices; staff management UF; coordination with Florida Safe Routes to School staff; providing phone/email and.information requests. Provide the following for Florida SRTS (non -infrastructure) programs being managed: a. Oversight zuxd evaluation of the standard SRTS tally to be used at the beginning and end of each school year in schools receiving SRTS-funded programs. This tally includes information about how the students arrived to school. Obtaining tally information is a. required component of each SRTS-funded Nan -infrastructure program being managed. b. Annually evaluate each program and provide suggestions, to the Florida SRTS Coordinator, for areas of improvement in which may include but not be limited to curriculum, program design, program reach, program evaluation, etc. 3. Provide quarterly and annual reports of the Florida Safe Routes to School Non -Infrastructure Program Management activities to Florida SRTS Coordinator. These reports will include an overall summary, and the Quarterly Reports, of the programs being managed. These reports may also include related activities not specifically funded by Safe Routes to School. This Scope of Services can be amended as necessary by a Task Work Order Amendment approved by the Departmont and the University of Florida. PRODUCTS AND SERVICES In performance of this contract, the University of Florida agrees to the following miir imurn level of effort, assurance, and deliverables: 1. Administer the program as noted in items 1-3 above. _ - ------------------ 2 iJse funds io pay quarterly invoices from programs being managed (see Budget for list of programs). 3. Use fonds allocated to pay salary and benefits for the program (UF) staff; 4, Use fundss provided to pay for University of Florida approved contract -related travel, for OF staff, materials and/or equipment as needed to conduct program activities; L R 3 Q r c 0 w 0 0 t Cn 0 r v, a� 0 4- 0 N qn w w c 0 qn w LO 0 0 qn 0 r a� 0 tr 4- M qn c a� t r Q Packet Pg. 161 7.P.b Appendix C - Prime Award S. Provide quarterly invoices and reports for approval and payment as outlined in Periods of Performance,. below. The quarterly reports will specifically indicate program performance as noted in items 1-3 above. 6. Provide three print copies and an electronic copy of the annual report by thirty days following rune 30 of each year, summarizing program activities and accomplishments. This annual report may be posted on the MOT Pedestrian and Bicycle Progran's website, or published in other ways deemed to be appropriate to publicize the accomplishments of the program. PER_IQDS OF PERFU MANCE: This Task Work Order will be in eff± ct from July 1, 2013 —June 30, 2014. invoices and quarterly reports will be sent to the Department by: 10/31/13 for period 7/01/13 — 9/301-13 1/31114 for period 20/01/13--12/31/13 4/30/14 for period 1/01/14 — 3/31/14 7/15/14 for period 4/01/14 — 6/30114 BUDGET: The Lump Sum amount for this Task Work Order is $723,133,51. This Lump Sum maybe increased or decreased by up to 10% with a Task Work Order Amendment approved by the Department and the University of Florida, Below is the Breakdown of the Direct and Indirect Costs: Total Direct: $ 657,394.10 Total Indirect: _ 65,739.41 Total: $ 723,133.51 Packet Pg. 162 7.P.b Appendix C - Prime Award Below is the breakdown of costs by state fiscal year: Program Name I''Y 2014 Polls County - All Children's Ho ital $64 937 Manatee County - All Children's Hos 'tal $63 641 Charlotte County - All Children's Hospital Collier Coun - All Children's Hospital Pasco Coun► � - All Children's Hospital Lee Cowl - All Children's Hospital Pinellas Count -All Childrea'sHospital Miami -Dade Bike/Walk Safe Education $180,097 Miami -Dade Bike/Walk Safe Media Campaign $230,016 St. Lucie SRTS 5-E Program $58 940 Walk and Roll Sarasota Indian River County BilceRed Safety Education Pro ram Si Joseph's Children's Hospital of Tampa X-8' grade Education Center for Urban Transportation Research More Health Safe WalkerslRiders TBARTA Regional Commuter Services Online Biking/WaLking School, Bus and Sebodl Pool Program SRTS Program Subtotal $597,631 SRTS NI Program Management (10%) $59 763.10 Subtotal $657,394.10 _UniYetsit o£EloridaIndirect-Costs _(JAIIA) -1--65,.739-41-- YEARLY TOTAL 1 $723133.51 See below for the SRTS Non -Infrastructure (NI) Program Management Budget A. Bud yeet Year July 1- 2013 —June 30, 2014 Salary: $40,332.41 Program Administrator, Principal Investigator, and other staff, Benefits: $13;430.69: Program Administrator, Principal Investigator, and other staff. Program Expenses: $2,000: Printing; office supplies (paper, ink, folders, pens, markers, etc.); and related equipment (e.g., computer, software programs, etc.). Program Administrator and Principal Investigator travel related to the management of Florida SRTS Non -Infrastructure programs (gas, hotel, meals, etc.); travel to other Safe Routes to School, ped/bike safety -related, FDOT, etc. meetings, workshops, and conferences; workshop and conference registration, and/or exhibit booth fees, Packet Pg. 163 7.P.b Summggy, July l 2013 — June 30 2014. Salary: $40,332.41 Benefits: 13,430.69 Program Expenses; 2,000 Travel: 4.000 Total Direct Cost: $59,763.10 Contact Information Principal Investigator: FDOT Safe Routes to School Coordinator: Appendix C - Prime Award Daniel Connaughton University of Florida P.O. Box 118208, 300 FLG Gainesville, FL 32611 Phone: (352) 294-1666 Fax: (352) 392-7588 Email: danc@hhp,ufl.edu Sarita Taylor Florida Department of Transportation Safety Office 605 Suwannee St., MS 53 Tallahassee, FL 32399 Phone: (850) 245-1529 Fax: (850) 245-1354 Email: Sarita.Taylor@dot.state.&us Packet Pg. 164 7.P.b EXHIBIT "B" METHOD OF COMPENSATION PURPOSE: Appendix C - Prime Award This Exhibit defines the limits and method of compensation to be made to the University of Florida for the services set forth in Exhibit "A`° and the method by which payments shall be made. COMPENSATION: For the satisfactory performance of services detailed in Exhibit "A", the University of Florida shall be paid a lump Sum Amount of $723,133.51. The lump Sum Amount shall be made up of $723,133.51 from Fiscal Year -y2013-2014 The University of Florida shall not provide services that exceed the Fiscal Year amount(s) without an approved Amendment from the Department. The University of Florida will not commence work each fiscal year until a Notice to Proceed has been issued by the Department. This Agreement includes the purchase of Tangible Personal Property, as defined in Section 273.02 Florida Statutes, which will be acquired in accordance with Rule 60A- 1.017, Florida Administrative Code. Such property is identified below and will become the property of the Department upon purchase. Upon receipt of the property, the Consultant will provide the Department a copy of the purchase invoice and serial number, will affix Department inventory control labels, will accommodate physical inventories required by the Department and transfer control of the property to the Department upon completion of services. Staff will be purchasing a laptop to use with site monitoring, reviews and evaluations of programs. 3. PROGRESS PAYMENTS: For Fiscal Year 2013-20I4, the University of Florida shall submit quarterly invoices in a format acceptable to the Department. Payment shall be made to the University of Florida at the unit rate Invoices shall be submitted to: Sarita Taylor, Florida Safe Routes to School Coordinator Florida Department of Transportation Safety Office 605 Suwannee St., MS 53 Tallahassee, Florida 32399 L R 3 Q L 0 w 0 0 Cn 0 ar r 0 4- 0 N d) w M w c 0 U) w LO 0 0 U) 0 ar 0 4- M Cn c a� t r Q Packet Pg. 165 7.P.b Appendix C - Prime Award TO. CFMsection@dot.state.fl.ue 10430219 SlJtJECT: FUNDS APPROVAL/REVIEWED FOR CONTRACT RDV31 STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL Contract #BDV31 Contract Type: Method of Procurement: Vendor Name.- U OF FL Vendor ID: VF596002052106 Beginning date of this Agmt: 01/27/13 Ending data of this AgmE: 01/16/23 ORG-CODE *EO *OBJECT *AMOUNT *FIN PROJECT *PCT *CFDA (FISCAL YEAR) *BUDGET ELgTITY *CATBOORY/CAT YEAR AMENDMENT ID *SSQ.. tUSER ASSIGNED ID *ENC LINE(6S)/STATUS Action: LOA Funds have been: APPROVED 55 671000945 *OM *139998 * 76713.3.51 *42281429301 *683 2014 *5515.0200 *088796/14 W013 *00 *945-01 *0014/04 --------- ------------------------------------ TOTAL AMOUNT: *$ 767,133,51 * ----------------------------------------------------- FUNDS APPROVED/REVIEATED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER DATE: 08/02/2013 Packet Pg. 166 7.P.b STATE of FLORIM 00PARTMENT OF TRANSPORTATION MASTER UNIVERSITY AGREEMENT Appendix C - Prime Award 975.846.64 PROCUREMEM ace-f+na Page 1 of a Agreement Number: BDV31 F.E.I.D. Number: F59900205 106 Procurement Number: Exempt Gwernmental Entity D.M.S. Catalog Class Number: 973740 This Master University Agreement ("Agreement"). entered into this =H,)day of }L 6[ V i ("Effective Date"), between the State of Florida, Department of Transportation ("Department"), and th iversity of Florida an educational unit as defined in Chapter 120, Florida Statutes ("University"). agree as follows: t . SERVICE A. The Department retains the University to furnish certain services, information and items as described in specific, separate Task Work Orders ("TWO"). The parties agree in advance on these general terms and conditions that will be a part of each TWO issued under this Agreement. The Department and the University agree that except as specifically stated in any TWO, the provisions of this Agreement shall apply to all TWO`s entered into o.. or aftar the Effective Data of this Agreement. PERIOD OF PERFORMANCE A, This Agreement shall begin upon the Effective Date and shall remain in effect for a period of ten (10) years, unless otherwise amended. Each TWO authorized under this Agreement shall specify a separate period of performance that Is specific to the work being conducted. In the event there have been delays which would affect the project completion date contained In a TWO, the University shall submit a written request to the Department which identifies the reason(s) for the delay and the amount of time related to each reason. The Department will review the request and determine whether to grant all, part, or none of the requested extension. B. This Agreement may be renewed for a period that may not exceed three (3) years or the term of the original agreement, whichever period is longer. Renewals shall be contingent upon satisfactory performance evaluations by the Department and subject to the availability of funds. This Agreement may be extended for a period not to exceed six (6) months, and only one (1) extension is permitted unless the failure to meet the criteria set forth in this Agreement for completion is due to events beyond the control of the University. Any renewal or extension shall be in writing and shall be subject to the same terms and conditions set forth in this Agreement. SCOPE A. The Department will issue specific TWOS that will contain Independent Scopes of Service, Deliverables, Periods of Performance, and Methods of Compensation, Each TWO shall be signed by both the Department and the University. B. Any alteration to any TWO must be in writing, signed by the Department's appropriate contracts officer, or designee, and a, i act! im !zed i tative-of-tite-Uni versity— SUBCONTRACTING A. It is agreed that any subcontractor(s) required to carry out the work and tasks to be performed are specified in the TWO, subsequently Identified, and subject to the prior written approval of the Department. Inclusion of subcontractor(s) in the TWO shall constitute the Department's written approval of such subcontractor(s). The University must require that all subcontractors employed under each TWO grant the Department all of the rights and privileges of this Agreement and applicable TWOS, including, but not limited to, the Department's right to secure materials or services from the subcontractor which might be a part of the subcontractor's work production_ The University Is fully responsible for satisfactory completion 0 N rn Ill c 0 L) 07 W Ln 0 O t L) 07 O r at O d R rn c O E t c.� Q Packet Pg. 167 7.P.b SPATE OF FLORIDA OEPARTMENr or TRFLN9PORTATfo3J MASTER UNIVERSITY AGREEMENT Appendix C - Prime Award srsoea-6a PROCUREMENT CGO-11112 Page 2 01 e of all subcontracted work. The University shall not sublet, assign, or transfer any work under the TWO to any person or entity other than subcontractor(s) specified in the TWO without the prior written consent of the Department. RENTAL OF SPACE, SPECIAL EQUIPMENT OR FACILITIES A. The actual cost to the University of renting any additional space, any equipment not Identified as an operating capital outlay item under the above section, or facilities not owned by the University, but required to perform the work under a TWO, Is approved by the Department to the extent identified in each TWO and shall be included in the compensation paid under the TWO as an expense. COMPENSATION AND PAYMENT A. The Department agrees to pay the University compensation as detailed In Exhib€t'B" Method of Compensation of each TWO, Each TWO under this Agreement will specify a maximum amount which may be increased or decreased by an amendment to the TWO. The State of Florida's performance and obligation to pay under this Agreement or any of the TWOs issued under this Agreement are contingent upon an annual appropriation by the Legislature. B. Payment shalt be made only after receipt and approval of goods and services unless advance payments ara authorized by the Department's Comptr oller under Section , 3334.0441,29), Florida Statutes ("F.S."), or by the Department of Financial Services under Section 215,422(14), F.S. C. The TWO shall provide quantifiable, measurable and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The deliverables are set forth in Exhibit W Scope of Services of each TWO. D. Invoices shall be submitted by the University in detail sufficient for a proper pre -audit and post audit thereof, based on the quantif€able, measurable and verifiable units of deliverables as established in Section 6_C. above and Exhlbit"A" of each TWO, Deliverables must be received and accepted in writing by the Department`s Project Manager prior to payments. E. if the University utilizes a subcontractor, supporting documentation must establish that the deliverables were received and accepted In writing by the University and that the required minimum level of service to be performed based on the criteria for evaluating successful completion as spec€1ed in Section 6.C. and Exhibit "A" of each TWO have been met. K Bills for travel expenses specifically authorized in this Agreement shall be submitted on a travel form approved by the Department and will be paid in accordance with Section 112.061, F.S. G. Universities providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has 5 working days to Inspect and approve the goods and services. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. H. if a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant -------to Settorr55r03(4 rf=S., will-be,dae and- able in-addition-to-t-he4nvoL-- an+eunt to the U iver Interest penalties of less than one (1) dollar will not be enforced unless the University requests payment. Invoices that have to be returned to a University because of University preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department, Q a� 0 c 0 v w LO H 0 0 t L) W 0 r ar r 0 4- M v7 0 N o; w r 0 w c 0 u7 w Lh 0 0 t u7 0 r v, ar 0 W m M Cn c a� E t r Q Packet Pg. 168 7.P.b Appendix C - Prime Award STATE OF FLORIDA DEPARTMENT OF TRANSFORTAT40N 375-M44 MASTER UNIVERSITY AGREEMENT PROCUREMENT � L OGC -1111a Peea 3 ors 3 Q I. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of c this Individual Include acting as an advocate for Universities who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 0 413-5516 or by calling the Division of Consumer Services at 1-877-693-5236. 0 J. Records of costs incurred under the terms of this Agreement shall be maintained and made available to upon request to the Department at all times during normal business hours during the period of this LU Agreement and for five years after final payment on each TWO Is made. Copies of these documents and ui records shall be furnished to the Department upon request. Records of costs Incurred include the University's general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of IX the contractor and subcontractors considered necessary by the Department for a proper audit of costs. IX -- K. in the event the compensation established under any TWO Is in excess of $26,000.00, the following 0 provisions of Section 339.135(6Xa), F.S., are hereby incorporated: "The Departmeni , during any fiscal year, shall not expend money, Incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as in available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this r subsection Is null and void, and no money shall be paid on such contract. The Department shall require 0 a statement from the Cnmptroiler of the Department that funds are available prier to entering into any � such contractor other binding commitment of funds. Nothing herein contained shall prevent the making 4- of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for In succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000.00 and which have a term for a period of more than one year." L. The University shall not charge more than a 25% indirect cost rate for all direct costs, unless otherwise c agreed to in writing by the Department. NU) LU M. Inclusion of the purchase of Tangible Personal Property as defined in Chapter 273.02 F.S., in a TWO shall constitute the Department's written approval of such purchase. The specific property(ies) identified .� will be subsequently transferred to and controlled by the Department upon completion of services unless 0 otherwise defined in the TWO. Upon receipt of the property, the university shall forward to the Department a copy of the purchase invoicelproperty descriptiontserial number and date of receipt. The c Department will forward inventory control labei(s) to be affixed to all property. The University will 0 accommodate physical inventories required by the Department. -0 7. INTELLECTUAL PROPERTY RIGHTS U) W A. The University shall be free to copyright material developed under this Agreement, provided that the Lh Department reserves and the University, by accepting payment for any part of the TWO, grants the p Department a royalty -free, nonexclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, the work for government purposes. The Department's rights under any r j license in works developed under this Agreement shall also include the right to prepare, or have others 0 prepare on behalf of the Department, derivative works for internal Department use. The Department shalt N not distribute such derivative Works to third parties without the express written consent of the University, consent ld,---- ----- B. On all projects the parties agree that if possible Inventions should result from any research pursuant to 0 w this Agreement, all title to such Inventions shall vest in the University. However, the standard patent '- rights clause at 37 CFR 401.14, except for 4Q1.14 (g), is hereby incorporated into this Agreement, The r/) University will retain all title to any intellectual property resulting from the research described herein. Unless otherwise agreed to In the TWO; the University agrees to and grants to the Department and the aD E U.S. Department of Transportation, on federally funded TWOS or to the Department only on State funded TWOs an irrevocable, nonexclusive, nontransferable, royalty -free, perpetual, world-wide license to practice each Invention In the manufacture, use and disposition, an any Department or U.S. Department Q Packet Pg. 169 7.P.b STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION MASTER UNIVERSITY AGREEMENT Appendix C - Prime Award Sr541044 PROCUREMENT Oac -ilrq Peye4da of Transportation projects only, according to law, of any article or material, and in the use of any method that may be developed as part of the work under this Agreement for government purposes. included in such right shall be the right of any contractor to the Department an any Department project, to make full use of, and to practice any intellectual property, and such royalty -free right shall extend to any such contractors, subcontractors, materialmen, manufacturers, and suppliers on any Department projects only. The University shall. include this provision in all subcontracts, regardless of tier, for all experimental, developmental, or research work undertaken in furtherance of this Agreement. The University shall fully and promptly disclose to the Department all intellectual property conceived, created, or furnished under this Agreement. The University shall be responsible for obtaining written intellectual property agreements with all persons working on the research described herein. Further, such agreements shall incorporate the license to the Department and U.S, Department of Transportation specified in this Agreement. The University agrees to Indemnify the Department to the extent permitted by and within the limits of Section 768,28, F.S. In construing these provisions, the "University" includes any affiliated entity which the University may use to promote the development of the intellectual property. CHANGES IN STUDY A. Any alteration to any TWO or any amendment to the terms of this Agreement must be in writing, signed by the Department's appropriate contracts officer, or designee, and an authorized representative of the University. INSPECTION OF WORK A. The Department shall, at all reasonable times, which shall be agreed to by the Department and the University, be afforded proper facilities for review and inspection of the work under each TWO and shall at all reasonable limes have access to: the premises where the work is performed; and all books, records, correspondence, Instructions, receipt vouchers, and memoranda of every description pertaining to the work to be performed under each TWO. All reviews and inspections by the U,S. Department of Transportation will be arranged through the Department. 10. PERFORMANCE A- All work under each TWO shall be performed by the University to the satisfaction of the Departments Chief Engineer, or designee. If there is a dispute concerning satisfactory performance, the Department will obtain input or pertinent information from the University before making a finai.decision, 11. TERMINATION OF CONTRACT A. Either party may terminate this Agreement or any TWO executed under this Agreement by giving the other party thirty (30) days prior written notice. If the Agreement or TWO is terminated under this provision, the Department shall reimburse the University: 1. For work satisfactorily performed and any noncancelable obligations entered into by the un°•v rsity as appr-e 6erpde€ to Ag#f catia+-to-tepmhate4e— - contract, for which costs can be substantiated For any minimal overhead costs required to close the TWO A copy of all work in progress shall become property of the Department and promptly shall be turned over to the Department by the University. The Department shall have no liability for any obligations of the University's subcontracts or other agreements entered Into In connection with the work under any TWO. f3 3 Q a� ci L c O U 3 w LO rn H 0 O t L) rn 0 r ar r O m M u7 0 N U) LU I= r v O w c 0 L) U) LU u7 0 O L) U) 0 r v, ar O I= m 4- M u7 c ar E t r Q Packet Pg. 170 7.P.b 12 Appendix C - Prime Award STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 3r&M-64 MASTER UNIVERSITY AGREEMENT PROCUREMENT OGC- 91A2 Page 5DI8 Q a� U INS L COMPLIANCE WITH LAWS 0 0 A. Any and all of the employees of the University engaged in the performance of any work or service U required by the Department under any TWO shall be considered employees of the University only and not rA of the Department, and any and all claims that may or might arise under the employment of said w employees, shall be the sole obligation and responsibility of the University. The employees, agents, representatives, contractors, or subcontractors of the University are not employees or agents of the Department. The Department shall not be bound by any unauthorized acts or conduct of said persons. F_ B. To the extent permitted by Section 768.28, F.S., the University shall indemnify, defend, and hold U) harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission or negligent act by the University, its c agents, subcontractors, or employees, while acting within the scope of their employment by the University and under this Agreement or TWO issued pursuant to this Agreement. Neither the University, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense 0 solely arising out of any act, error, omission, or negligent act by the Department or any of Its officers, (n agents or employees, during the performance of this Agreement. r C, When the Depart vent receives a notice of claim for damages that may have been caused by the 0 iY University in the performance of services required under this Agreement, the Department will promptly 0 forward the claim to the University. The University and the Department will evaluate the claim and report ITS their findings to each other within fourteen (14) working days and will jointly discuss options for defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the University In the defense of the claim or to require that the University defend the Department in such claim as described in this section. The Department's failure to promptly notify the University of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by the N University. The Department and the University will each pay its own costs for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates In the defense of the claim at trial, W that party is responsible for all trial costs. iY D. The University shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S.,. unless exempted by Section 1004.22,. F.S., made or received by the INS University in conjunction with this Agreement. The University shall extend this requirement to any c subcontractors furnishing services, materials, or equipment under any TWO. Failure by the University or 0 Its contractors to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the Department. The University will advise the Department when it receives any public u7 records request relating to this Agreement W E. A person or affillate who has been placed on the convicted vendor list fallowing a convlction for a public Lh o entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a 0 public entity, may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids, proposals, or replies on leases of real c i property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, o or consultant under a contract with any public entity, and may not transact business with any public entity N in excess of the threshold amount provided In Section 287.017, F.S. for CATEGORY TWO for a perlod of +; ----------36 en#wfaNawlag-th envisted-vendor-l€si.-- o F. The Department shall consider the employment by any university of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. if the University knowingly employs unauthorized � aliens, such violation shall be cause for unilateral cancellation of this Agreement. rn G. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, E or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public Q Packet Pg. 171 7.P.b Appendix C - Prime Award STATE OF FLORIAA DEPARTMENT OF TRANSPORTATION 575-040-64 MASTER UNIVERSITY AGREEMENT PRO ENT OGC-1C-11H2 Pags 6 of s entity, and may not transact business with any public entity. 13. PROFESSIONAL LICENSURE A. If the University, or any of its employees, agents or subcontractors, is licensed by the Department of Business and Professional Regulation to perform the services required under any TWO, the provisions of Section 337.162, F.S., apply as follows; If the Department has knowledge or reason to believe that any person has violated the provisions of state professional licensing laws or rules, it shall submit a complaint about the violations to the Department of Business and Professional Regulation. Any person who Is employed by the Department and who is licensed by the Department of Business and Professional Regulation and who, through the course of his employment, has knowledge to believe that any person has violated the provisions of state professional licensing laws or rules shall submit a complaint about the violations to the Department of Business and Professional Regulation. Failure to submit a complaint about the violations maybe grounds for disciplinary action pursuant to Chapter 465 F.S. and the state licensing law applicable to that licensee. 3. Any complaints submi led to the Depa .ment of Business and Profvssltinat Regulation pursuant to paragraphs 1 and 2 may be confidential and exempt from Section 119.07(1), F.S., pursuant to Chapter 466, F.S., and applicable state law. 14. SOLICITATION A. The University warrants that it has not employed or retained any person, company, corporation, individual, or firm, other than a bona fide employee work€ng solely for the University, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the University, any fee, commission, percentage, gifts, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the Department shall have the right to annul this Agreement without liability, or, at its discretion, to deduct from the compensation payable under any TWO or other consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. B. Pursuant to Section 216.347, F.S., the university may not expend any State funds for the purpose of lobbying the Legislature; the judicial branch, or a state agency. 15. RECORDS AND DATA A. The. University shall maintain accounting records and other evidence pertaining to the costs incurred on each TWO. This data will be made available for inspect€on by the Department, at the office of the University, at dates and times mutually agreed to by the Department and the Univers€ty, during the contract period and for five years after the date of the final payment on each TWO. A copy of such records shall be furnished if requested, at the sole cost of the University. --B [D^`" co'lacted • ••der his AgreemeRt EIREI 6 ;k:PNOtQgei�IRr�itki alfrlimaTlBS-£�Fk{j 6ilart5 �ar4��orl therefrom, shall be provided to the Department unless otherwise agreed to In writing by the parties. C. Any TWO issued under this Agreement and funded with federal funds shall also be subject to the following provision. Records shall be maintained in accordance with Federal Acquisition Regulations Subpart 31.104 and Office of Management and Budget (OMB) Circulars A-21 and A-110. By this reference, said Subpart of the Federal Acquisition Regulations and OMB circulars are incorporated in and made a part of this Agreement. This data will be made available for inspection by the U.S. Department of Transportation or any authorized representative of the federal government. 0 N w r w c 0 f, w LO O O t L) u7 0 fn a� 3 O m M c a) E t 0 r Q Packet Pg. 172 7.P.b 16. 17 Appendix C - Prime Award STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 375-04044 PROCUREMENT MASTER UNIVERSITY AGREEMENT � occ.-nna Page7ot5 3 Q MISCELLANEOUS a� L A. This Agreement and any TWO embodies the whole agreement of the parties. There are no promises, terms, conditions, or obligations other than those contained herein and in any TWO and this Agreement U shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties to this Agreement. In the event of a conflict between this Agreement and any TWO, to the TWO shall govern and control, but only to the extent of such conflicts or inconsistencies between the LLi TWO and the specific conflicting provision in the Agreement. B. It is understood and agreed by the parties that if any part, term or provision of this Agreement is by the F- courts held to be illegal or in conflict with any law of the Stale of Florida, the validity of the remaining portion or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term or provision held to be Invalid. 0 C. University: 0 1. shell utilize the U.S. Department of Homeland Security's E-Verify system to verify the 0 employment eligibility of all new employees hired by the University during the term of the contract; (n and 0 n I r ,bc ' F F rfo n n providing services F the s. shall ex press y , �:,J.,a any SL On.raC 1r5 pe.._rrrlf..g work r rm li lr g erl. _s o ., , W state contract to likewise utilize the U.S. Department of Homeland Security's E-Ver'dy system to 0 verify the employment eligibility of all new employees hired by the subcontractor during the contract tenn. ❑. Appendix I of this Agreement "Terms of Federal Aid Contract" is applicable if the Appendix I is attached to the TWO. E. Appendix I I of this Agreement "Information Technology Resources" is applicable if the Appendix Il is attached to the TWO, F. Appendix III of this Agreement "Terms for Federal Transit Administration" is applicable If the Appendix III is attached to the TWO. G. In the event of any Inconsistencies or conflicts between this Agreement and any Appendices attached to a TWO, the language of the attached Appendices shall control but only to the extent of such conflicts or inconsistencies between the Appendices and the speck conflicting provision in the Agreement. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 0 N U) u.l r rJ L c 0 U) w Lh 0 0 U) 0 r v, a� 0 m M u7 c a� E t r Q Packet Pg. 173 7.P.b STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION MASTER UNIVERSITY AGREEMENT Appendix C - Prime Award 375-M-&4 PRCCUREME14T OGC-IW2 Page 8 aI 8 IN WITNESS WHEREOF, the parties have executed this Agreement on the day, month and year below. UNIVERSITY University of Florida A By: Signature ROSLYN S. HEATH Printed N81MYERSFTY OF FLORIDA Title Date Legal Review STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION By: 41A751 A A Slg ature Thom s C. Byron. P.E. Printed Name Chief Engineer Title Date -_-..-.-......-_ For Department Use Only --._.._..------- ,4 Procurement Review 0 N U) w v L C 0 ci U) W In 0 0 t ci U) 0 NN0 LI- d V- M Cn E Q Packet Pg. 174 8.A.1 ITEM NO. ORD-2014-5 COUNTY �. F L Q R I D A - TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: DATE: 02/04/2014 AGENDA REQUEST *PUBLIC HEARINGS Board of County Commissioners Daniel S. McIntyre, County Attorney County Attorney Ordinance 2014-5 - Relating to the Deferred Compensation Program Committee Attached is a copy of a draft ordinance that changes the composition of the County's Deferred Compensation Program Committee to eliminate the Sheriff and the Supervisor of Elections from the Program Committee. The Sheriff and the Supervisor of Elections have determined to remain with the current deferred compensation administrator. The draft ordinance also proposes to eliminate the consideration of hardship petitions from the Committee's duties. PREVIOUS ACTION: Permission to Advertise was approved by the Board of County Commissioners on January 7, 2014. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt the proposed Ordinance as drafted by the County Attorney. COMMISSION ACTION: RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Kim Johnson, District No. 5 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson Packet Pg. 175 8.A.1 Coordination/Signatures anie 5. McIntyre, C my ttorney 1/15/2014 ob entkofsky, Depu y C myPdministrato, �/2014 Updated: 1/27/2014 8:35 AM by Shane A. DeWitt Page 2 Packet Pg. 176 8.A.1.a ORDINANCE AN ORDINANCE AMENDING SECTION 1-14.5-2.4 (PROGRAM COMMITTEE) OF THE ST. LUCIE COUNTY CODE AND COMPILED LAWS TO DELETE THE SHERIFF AND THE SUPERVISOR OF ELECTIONS FROM THE PROGRAM COMMITTEE; PROVIDING FOR SEVERA61LITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; PROVIDING FOR CODIFICATION WHEREAS, fl,& 6o-cwoL of s, of Sf. Lwci,e, Co'iy, FLarud,a,, ma.oLe, fke, � oLe 2 rvvtiu2a i o wy 1. Sufi. fi. 112.215, F of Lola, ca-�fc, e -4e i,,- - deaf e trre of p-rogrower f c tr f -e i,tr a,,-& eve-Lo-y e-es' 2. Tk i. , f3ozwd, aAr-f ed, Ord i.&�� No-. 8 3 -04 o� Peketare& P La-vv fo- b-e, m.a.ol ava.O-a bttL fo- a.LL ei g a:l t , Co-ww e*n p-l.ay e-e y, &Le c, e a,� p ww-o.w fo- S e c fi,o 457 of f{,& l vq e-rv.a L Re v-e&w-e' C4-01 e 3. Tn-i,- f3o-cwoG aA4r-te, OrAi* vac e, No 13 -035 w-I,- rc au -AA je& {-�� ao�a�o r fro -Kw NACO o � PEf3SCO fc, TIAA CREF. 4. T -& Sf: L u-c � Ca -v ( S l ,e-ri ff a L fk,& Sf L u c � Co-v,-v y S i,,p rvw-r of ELz-c,(Lo- I-aN vto-(— fo- Ise, a p-a + of fk,,, dz fe-rreol p-rog raves m alc � v(- y fo- re ww ire, f ,e� f row, f k e, pro-graves c o-vwvwv NOW, THEREFORE, BE IT ORDAINED bq il,& l3ozwol of Coves, f y of Sf Lwc i e Co-u-wf-y, FLari,oLa, PART A. AMENDMENT OF SECTION 1-14.5-24 (PROGRAM COMMITTEE) Underlined passages are added. _ 1_ StFLACIE threugh passages are added. E cc 0 L CL Q E 0 U a� aD m 0 c aD 0 r r Q Packet Pg. 177 8.A.1.a -r e, COVLe, Of Oro .e y Of St Lu -i,& Go-wwfy, FLmri,d , (1 a�l by atiwe vLol i� Se&!-i, 1-14.5-24 to- rea.ol, ai, f o-u o-wy. a) Tk-e, de f e rre& pro-gravw c.o-vwmw fee, 34.a.l,l, be� c4 vAfo-o� of tf,-e, pws� o-ir of -H--off Ye-rso-,, (1) Coumv a.ol w.i,- i a fo-r; (2) Coumw a4�mr, -e y; (---4) ff� (4-(3 Tax, Co-LL�� (6�( P ro-q-etrf-y (-7}(5� Gl erk, of fk,& c,wuAt - co-uwf -rk-e, WU4- y aol vwi,�afo r, or serve, a,.,, 4-ai,rvw4,w of fk,,, (! -) Tk-e, c o-vv�A al,l, ktAv -fk-ee, power a.vtd, r for: (1) Re v-i e� if & pfwfo rmv-o c e- of iinPdA6 Defe rre& Yn' Jravw avid, -f k e, ao4v44-,4yl-ratt e p rf-o-rmv-o� of Pc, S60 L-� Pmravw Ao�aho r, avt d, vwa lc u� iJ a} t'o fin' � r fo Htie, llo-ard, Of co� s; (c-) Tk-e, Aa(,1, vwe e* o* Arc f",v. a-i-& ptv-ce, ay d fe rvwi,� b-y eke, ww*,A� c a i t , �l, Underlined passages are added. Struek thFeegh passages are added. Packet Pg. 178 8.A.1.a PART 3. SEVERA3ILITY AND APPLIGA3ILITY. If a" pov ! o f fk w orA4, u>..� w for a" re,a,� kti& or dzc o re d, fo- b-& i,� o �e ra�twe or vv-L&, y+tic-!ti ko-� AA4.(,L o-o-I- of f u+ -l-ln-ems re,m4 v� pc rfi o -i- of fk-w o-rd i- a t e, If fly- o-rd i,-i,-� or a" rrov�v -(-k re o f s4a.l,(, II ktt& fa- lye, fa- a" r2-er w", r)-r&Pe-rty, o-r c i,r , s u.c ln, k c,4 d � A -add, A.&f ajf e cam(- i 6- aVfAAzakAU.,tq -f c - a" ofk� P,I w, Ysro7: e'", or c ik PART C. FILING WITH THE DEPARTMENT OF STATE. Tk,e, GL24rk, w k r&1I ot-wu*-,l forHqw� fo- yev,,d, a, c.�ed, cc" of fk w o-rol-i,*x-a.wc e, iv- fkx., f3wreaw of AAo,,.v i yfra�vi Code, av%& La.w-,, Pefavw .e of Sfax, -f-,& Ca.-Lfo-L, T , FLori do, 32304. PART D. EFFECTIVE DATE. Tk i y Ordi,v�, yl� fak& e f fec+ wao-w fUi*%, g wif ti fly De fAi*-{-t� o f Sfax PART E. ADOPTION. ck,cL-w FravL� H xxx V i,c e' Ok4- r Paud.a. L e.wi y xxx Ot-w , D zad ov..k, xxx Toad, Mo wt rg xxx Ki,WL ic- wyo w xxx PART F. CODIFICATION. Proviyi-o-wy of fly i y and i,� ati � lye, i,v corpo-ra, -ed, I fly , Coy of O rAi*-,ati of Sf. L u c 4i & Coww!-y, FLo-rLo a,, ah,,& fly , wa-ro� "aroma" wLay lye- c to a�geol, fo- "" "a rfi c l " or o-f f,-e r af>pro-o-rya l e, wa-roL, avi-d, of fk,i y ordi,�or reLef fereol, fo ywc lam- use wti o w; Underlined passages are added. Struek thiceegh passages are added. Packet Pg. 179 8.A.1.a p-ro-vvi.ol eo&, kzvPe -e-r, fkza Pa 4 --f 13 f�wmtig lti F A -ai b v,,o-f b-& c vG f Le& PASSED AND DULY ADOPTED tl^- A" of COMMISSIONERS ATTEST: 6Y: Underlined passages are added. —4— BOARD OF 2014. COUNTY ST. WOE COUNTY, FLORIDA Clk4ilr APPROVED AS TO FORM AND CORRECTNESS: 6Y: Cov.,-fy A-f ci-" E cc 0 L CL Q E 0 U a� L E 0 Q StFLACIE thFeUgh passages are added. Packet Pg. 180 8.A.2 ITEM NO. ORD-2014-6 COUNTY �. F L Q R I D A - TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: DATE: 02/04/2014 AGENDA REQUEST *PUBLIC HEARINGS Board of County Commissioners Daniel S. McIntyre, County Attorney County Attorney Ordinance 2014-6 - Proposed Boundary Changes for Tradition Community Development District No. 1 The Board of Supervisors of Tradition Community Development District Numbers 1 and 3 have determined to reconfigure the boundaries of those districts by excluding approximately 8.573 acres of land from the boundaries of District No. 3 and including that acreage within the boundaries of District No. 1. Since the Districts were initially established by County ordinance, the Districts must petition the County To amend the County ordinances to accomplish the boundary changes. Attached is a copy of a letter dated November 4, 2013 with enclosures from Henry H. Fishkind, Ph.D. The letter includes copies of draft County ordinances which, if adopted, would accomplish the proposed boundary changes. PREVIOUS ACTION: On December 3, 2013 the Board of County Commissioners granted permission to advertise the draft ordinance. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt the proposed Ordinance. COMMISSION ACTION: RESULT: ADOPTED [UNANIMOUS] MOVER: Kim Johnson, District No. 5 SECONDER: Tod Mowery, District No. 2 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson Packet Pg. 181 8.A.2 Coordination/Signatures anie S. McIntyre, C my ttorney 1/16/2014 ob entkofsky, Depu y C my Administrato, 'ij /2014 Updated: 1/27/2014 8:21 AM by Shane A. DeWitt Page 2 Packet Pg. 182 8.A.2.a TRADITION COMMUNITY DEVELOPMENT DISTRICT 10807 SW TRADITION SQUARE PORT ST. LUCIE, FL 34987 PHONE (772) 345-5101 FAX (772) 345-5104 VIA HAND DELIVERY November 4, 2013 Mr. Mark Satterlee, AICP Director, Planning & Development Services Department St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982-5652 Re: Proposed Boundary Changes for Tradition Community Development District No. 1 and Tradition Community Development District No. 3 Dear Mr. Satterlee: The Boards of Supervisors of Tradition Community Development District Nos. 1 and 3 have determined to reconfigure the boundaries of those districts by excluding approximately 8.573 acres of land from the boundaries of District No. 3 and including that acreage within the boundaries of District No. 1. As you know, each of District Nos. 1 and 3 were initially established by ordinance of St. Lucie County and, accordingly, the Districts must petition the County to amend their establishing ordinances in order to effectuate the boundary changes. Section 190.046(1)(b), Florida Statutes, provides that the City of Port St. Lucie must also consent to the boundary changes because all of the land within the Districts is now wholly located within the municipal limits of the City. Accordingly, as District Manager for both District No. 1 and District No. 3, 1 am requesting the County's approval of the requested boundary changes. In support of these requests, enclosed please find the following: • The original executed petitions seeking the boundary changes, including as Exhibit E to each petition a copy of the resolution adopted by the respective District Board of Supervisors authorizing the boundary change, submission of the petition to the County, and submission of to the City of a request for approval. • Proposed forms of County ordinances approving the requested boundary changes (one respecting District No. 1's request for expansion, and the other respecting District No. 3's corresponding request for contraction). • Proposed forms of City resolutions approving the requested boundary changes (again, one respecting District No. I's request for expansion, and the other respecting District No. 3's corresponding request for contraction). Packet Pg. 183 8.A.2.a Mr. Mark Satterlee, AICP November 4, 2013 Page 2 • Two checks in the amount of $1,500 each in payment of the boundary change review fee provided in Section 190.046(1)(d)2, Florida Statutes (again. one respecting District No. 1's request for expansion, and the other respecting District No. 3's corresponding request for contraction). As provided in Section 190.046(1)(b), Florida Statutes, the County ordinances may be adopted in the same manner as other County ordinances, without any special additional notice requirement. The Districts are submitting requests to the City seeking its approval at the same time that they have submitted these petitions to the County. The Districts will work with the City to determine the date on which the City resolutions will be placed on the City Council agenda for consideration so that the County and the Districts may determine the earliest practicable date that the County Commission may consider enactment of the proposed ordinances. In the interim, the Districts respectfully request that the County review the petitions so that they may proceed with this matter as expeditiously as possible. If you have any question concerning the petitions, please do not hesitate to contact Dan Harrell, counsel to the Districts, at (772) 464-1032 Ext. 1010. Thank you for your assistance and attention to this matter. Respectfully submitted, Digitally signed by Henry H. Fishkind. Ph.D. Henry H. Fishkind. Ph.D, DN:cn=HenryH.Fishkind. Ph.D.,o=Fishkind& Associates, Inc., ou, email=hankWishkind.com, c=US Date: 2013.10.30 11:35:29 -04'00' Henry H. Fishkind, Ph.D. District Manager Enclosures Cc: Ms. Faye W. Outlaw, MPA Mr. Daniel S. McIntyre, Esquire Daniel B. Harrell Packet Pg. 184 8.A.2.b TRADITION COMMUNITY DEVELOPMENT DISTRICT r 10807 SW TRADITION SQUARE PORT ST. LUCIE, FL 34987 Z PHONE (772) 345-5101 FAX (772) 345-5104 VIA HAND DELIVERY November 4, 2013 Mr. Daniel Holbrook Planning Director City of Port St. Lucie 121 S.W. Port St. Lucie Blvd. Port St. Lucie, FL 34984 Re: Proposed Boundary Changes for Tradition Community Development District No. I and Tradition Community Development District No. 3 Dear Mr. Holbrook: The Boards of Supervisors of Tradition Community Development District Nos. I and 3 have determined to reconfigure the boundaries of those districts by excluding approximately 8.573 acres of land from the boundaries of District No. 3 and including that acreage within the boundaries of District No. 1. As you know, each of District Nos. 1 and 3 were initially established by ordinance of St. Lucie County and, accordingly, the Districts must petition the County to amend their establishing ordinances in order to effectuate the boundary changes. Section 190.046(1)(b), Florida Statutes, provides that the City of Port St. Lucie must consent to the boundary changes because all of the land within the Districts is now wholly located within the municipal limits of the City. Accordingly, as District Manager for both District No. 1 and District No. 3, I am requesting the City's approval of the requested boundary changes. In support of these requests, enclosed please find the following: • Copies of the District's petitions to the County seeking the boundary changes, including as Exhibit E to each petition a copy of the resolution adopted by the respective District Board of Supervisors authorizing the boundary change, submission of the petition to the County, and submission of this request to the City. • Proposed forms of City Council resolutions approving the requested boundary changes (one respecting District No. 1's request for expansion, and the other respecting District No. 3's corresponding request for contraction). Proposed forms of County ordinances approving the requested boundary changes (again, one respecting District No. 1's request for expansion, and the other respecting District No. 3's corresponding request for contraction). Packet Pg. 185 8.A.2.b Mr. Daniel Holbrook November 4, 2013 Page 2 • Two checks in the amount of $1,500 each in payment of the boundary change review fee provided in Section 190.046(1)(d)2, Florida Statutes (again, one respecting District No. 1's request for expansion, and the other respecting District No. 3's corresponding request for contraction). On behalf of the Districts, I respectfully request that the City consider these requests for approval, and place consideration of adoption of the memorializing resolutions on a City Council agenda, at the earliest practicable date. The County will need the City's approval in order to proceed with the petitions. The Districts are submitting the petitions to the County at the same time that they have submitted these requests to the City. The Districts will work with the County to coordinate a date for its consideration of the petitions once City staff advises the date that the City Council will consider the City resolutions. If you have any question concerning these requests for approval, please do not hesitate to contact Dan Harrell, counsel to the Districts, at (772) 464-1032 Ext. 1010. Thank you for your assistance and attention to this matter. Respectfully submitted, Henry H. Fishkind. Digitally signed by Henry H. Fishkind. Ph.D. DN: cn=Henry H. Fishkind. Ph.D., o=Fishkind & Associates, Inc., ou, email=hankf�shkind.com, c=US Ph.D. Date: 2013.10.30 11:36:20-04'00' Henry H. Fishkind, Ph.D. District Manager Enclosures Cc: Mr. Jeffrey Bremer Mr. Roger G. Orr, Esquire Daniel B. Harrell Packet Pg. 186 8.A.2.c BEFORE THE BOARD OF COUNTY COMMISSIONERS ST. LUCIE, FLORIDA IN RE: PETITION PURSUANT TO SECTION 190.046(1), FLORIDA STATUTES, TO EXPAND THE BOUNDARIES OF TRADITION COMMUNITY DEVELOPMENT DISTRICT NO. 1 PETITION TO EXPAND THE BOUNDARIES OF TRADITION COMMUNITY DEVELOPMENT DISTRICT NO.1 The Board of Supervisors ("Board") of Tradition Community Development District No. 1 (formerly known as Westchester Community Development District No. 1) ("District" or "CDD No. 1"), an independent special district and community development district established pursuant to the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes, as amended ("Act"), and other applicable law by Ordinance No. 01-010 enacted by St. Lucie County, Florida ("County") on August 21, 2001, as amended by Ordinance No. 02-010 enacted by the County on March 26, 2002, Ordinance No. 06-033 enacted by the County on August 15, 2006, and Ordinance No. 07-042 enacted by the County on September 4, 2007 (collectively, the "Ordinance"), hereby petitions the Board of County Commissioners of the County ("Commission") in accordance with Section 190.046(1) of the Act to expand the boundaries of the District. In support of this Petition, the Board attests as follows: Background 1. Approximately 59.298 acres are currently within the external boundaries of the District. Subsequent to the initial establishment of the District, all of the property within the external boundaries of the District was annexed into the boundaries of the City of Port St. Lucie, Florida ("City"). Requested Expansion of the District's Boundaries 2. The Board desires to expand the boundaries of the District by including approximately 8.573 acres ("Included Property") within its boundaries, so that thereafter the land area to be served by the District will comprise approximately 67.871 acres. Following such expansion of the District's boundaries, all lands in the District will continue to be located wholly within the jurisdictional boundaries of the City. The Included Property is currently located within the boundaries of Tradition Community Development District No. 3 ("CDD No. 3") and is depicted and described on Exhibit A -I to this Petition. Request for City pproval Packet Pg. 187 8.A.2.c 3. As required by Section 190.046(1)(b) of the Act, contemporaneously with filing this Petition with the County, the Board is also requesting that the City approve the proposed expansion of the boundaries of the District. Corresponding Contraction of CDD No. 3. Assignment and Assumption 4. The boundaries of the District are to be amended by including the Included Property within the District. Contemporaneously with the submission of this Petition, CDD No. 3 is submitting to the County a petition seeking the corresponding contraction of the boundaries of CDD No. 3 to exclude the property requested to be included within the District, as described in paragraph 2 above. Prior to the submission of this Petition, CDD No. 3 has assigned to the District its right to collect the non -ad valorem special assessments levied by CDD No. 3 on the Included Property ("Assessments") in connection with special assessment bonds previously issued by the District (`Bonds"), and the District has assumed the obligation of CDD No. 3 to remit such Assessments to the trustee for the Bonds. Such assignment and assumption will become effective upon the amendment of the boundaries of the District and CDD No. 3 as requested in this Petition. Information Required for Petition to Expand District Boundaries 5. All public infrastructure facilities and services to be provided by the District to the lands within the boundaries of the District, including the Included Property, has been constructed and placed in service. Accordingly, this Petition does not include a proposed timetable for construction and estimated cost for construction of District services as contemplated to be submitted in petitions seeking expansion of a community development district's boundaries by Section 190.046(1)(a) of the Act. As required by that section, public infrastructure facilities and services are currently provided to the Included Property by the District pursuant to an interlocal agreement among the District, CDD No. 3, and the other Tradition Community Development Districts. Following the proposed expansion, these facilities and services will continue to be provided to the Included Property by the District in accordance with such agreement. See Amended and Restated Interlocal Agreement dated as of April 8, 2008, recorded at Official Records Book 2983, Pages 1074-1124, of the Public Records of St. Lucie County, Florida. 6. Consistent with the limitations set forth in Section 190.046(1)(e)2 of the Act, the acreage subject to the petitions previously submitted to the County seeking amendment of the boundaries of the District, together with the acreage comprising the Included Property, does not exceed a cumulative net total greater than 50 percent of the acres initially located within the boundaries of the District and does not exceed 500 acres. 7. As required by Sections 190.005(l)(a) l and 190.046(1)(a) of the Act, annexed as Exhibit A-2 is a metes and bounds description of the external boundaries of the District following the proposed expansion of the District's boundaries. No real property within the modified external boundaries of the District as proposed in this Petition is to be excluded from the District. 2 Packet Pg. 188 8.A.2.c 8. As required by Sections 190.005(1)(a)2 and 190.041(1)(g) of the Act, annexed as Exhibit B is the written consent of the owner of 100 percent of the Included Property to the modification of the boundaries of the District as requested in this Petition. 9. As required by Section 190.046(1)(a) of the Act, annexed as Exhibit C is a designation of the future general distribution, location, and extent of public and private uses of land proposed by the future land use plan element of the effective local government comprehensive plan for the Included Property. 10. As required by Sections 190.005(1)(a)8 and 190.046(1)(a) of the Act, annexed as Exhibit D is a statement of estimated regulatory costs in accordance with the requirements of Section 120.541, Florida Statutes. 11. Annexed as Exhibit E is a resolution of the Board authorizing (i) expansion of the District boundaries as requested in this Petition, (ii) submission to the Commission of this Petition for expansion, and (iii) submission to the City of a request for approval of this Petition. 12. Consistent with the requirements set forth in Section 190.005(1)(e)2-6 of the Act, following the proposed amendment of the District's boundaries (i) the District will not be inconsistent with any applicable element or portion of the State of Florida's comprehensive plan or of the City's comprehensive plan; (ii) the property comprising the District will be of sufficient size, compactness, and contiguity to be developable as one functional interrelated community; (iii) the District is the best alternative available for delivering the community development facilities and services to the property that will be served by the District; (iv) the community development facilities and services of the District will not be incompatible with the capacity and uses of existing local and regional community development services and facilities; and (v) the area that will be served by the District is amenable to separate special-purpose government. 13. Consistent with the requirement set forth in Section 190.005(l)(e)1 of the Act, the Board certifies that all statements contained within this Petition are true and correct. WHEREFORE, the Board of Supervisors of Tradition Community Development District No. 1 hereby respectfully requests that the Commission: A. As soon as practicable after receiving notification of City approval for the proposed boundary change, direct County staff to notice a public hearing, in the same manner as the Commission notices other proposed County ordinance amendments, to consider whether to grant the petition for the expansion of the District's boundaries and to amend the Ordinance establishing the District to reflect the new boundaries of the District. B. Following the public hearing, grant the petition and enact an ordinance pursuant to applicable law amending the Ordinance establishing the District to reflect the new boundaries of the District. 3 Packet Pg. 189 8.A.2.c RESPECTFULLY SUBMITTED this V day of OM &H- , 2013. TRADITION COMMUNITY DEVELOPMENT DISTRICT NO. 1 By: - Pr' ame: PM s NOG f� e: CkIA1 Q M/�►J STATE OF FLORIDA COUNTY OF 'ST LU Gi C I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me byJ#ML-5 At pC-go4 , theCt4P ►V-mAtJ of the Board of Supervisors of Tradition Community Development District No. 1. He/she is b personally known to me or o has produced as identification. WITNESS my hand and official seal in the County and State last aforesaid this3jday of OC- 6 P— 12013. [Notary Seal] Notary PublicSt to of Florida =q�tY PY ANGELA SHEPHERD MY COMMISSION If DD 955349 ,:; EXPIRES: February27, 2014 . ;� AQ ` Bonded Thru Notary PUbk und0fWr#- A16GLA SOEPOFF-1) Typed, printed, or stamped name of Notary Public My Commission Expires: � -"Lj . l 4 11 Packet Pg. 190 8.A.2.c EXHIBIT A -I DEPICTION AND DESCRIPTION OF INCLUDED PROPERTY A-1 Packet Pg. 191 8.A.2.c i� � Tradition Land Company, LLC 10489 SW Meeting Street Port St. Lucie, FL 34987 (Office) 772-340-3500 ♦ (Fax) 772-340-3718 IA*"w Parcel B-1 Fact Sheet Location Tradition Plat Number Tradition Plat 17, Parcel A LAND SIZE 8.573Acres Reference Number B-1 Current Zoning PUD Packet Pg. 192 8.A.2.c CST-5 (LEM Meeting Street FPL/HTC 675' c o (D co co I Cu L I > I I I ° B-1 I m -5 5' � I I �= 8.573 ac c I E E O U Lakeview LEGEND Site I.D. Number B-1 Site Boundary Utility Service C)--q NOTE: Utility Locations Shown On This Illustration Are General. Refer To The Appropriate "As -Built" For More Detail. Utility Easements Not Shown. Refer To Appropriate Plat. KEY MAP B B-1 .r a B.P. B-11 Packet Pg. 193 8.A.2.c PARCEL DESCRIPTION (Property to Move from Tradition Community Development District No. 3 to Tradition Community Development District No. 1) All of Parcel "A," as shown on the plat of Tradition Plat No. 17, recorded in Plat Book 43, Pages 22 and 22A through 22F, of the Public Records of St. Lucie County, Florida. Containing 8.573 acres of land, more or less. Tax Identification No.: 4309-803-0008-000-1 Owner: Tradition Land Company, LLC, an Iowa limited liability company authorized to transact business in the State of Florida Packet Pg. 194 8.A.2.c EXHIBIT A-2 z° �L LEGAL DESCRIPTION/METES AND BOUNDS DESCRIPTION OF EXTERNAL BOUNDARIES OF TRADITION COMMUNITY a DEVELOPMENT DISTRICT NO. I FOLLOWING EXPANSION a O m m 0 .E m E E O U c O 'a R L L O d R ♦t V q C O m d V1 O Q O N- IL w A-2 Packet Pg. 195 8.A.2.c LEGAL DESCRIPTION THIS IS NOT A SURVEY DESCRIPTION: REVISED 09-03-2013 C.D.D. NO. 1 (TRADITION) A PARCEL OF LAND LYING IN SECTIONS 9 AND 10, TOWNSHIP 37 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA AND ALL OF SAID PARCEL OF LAND ALSO BEING A PORTION OF THE PLAT OF TRADITION PLAT NO. 17, RECORDED IN PLAT BOOK 43, PAGES 22, 22A THRU 22F, PUBLIC RECORDS OF SAID ST, LUCIE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE MOST WESTERLY SOUTHWEST CORNER OF SAID TRADITION PLAT NO. 17; THENCE NORTH 00"14'07" EAST AS A BASIS OF BEARINGS ALONG THE WEST LINE OF SAID TRADITION PLAT NO, 17, A DISTANCE OF 853.73 FEET TO A POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF MEETING STREET (TRACT PR-1) AS SHOWN ON SAID PLAT; THENCE TRAVERSING SAID SOUTHERLY RIGHT-OF-WAY LINE BY THE FOLLOWING TWO (2) COURSES; 1. NORTH 45°07'04" EAST, A DISTANCE OF 35.44 FEET; 2. SOUTH 90000'00" EAST, A DISTANCE OF 150.64 FEET TO THE NORTHWEST CORNER OF PARCEL "A" AS SHOWN ON SAID PLAT; THENCE TRAVERSING THE BOUNDARY OF SAID PARCEL "A" BY THE FOLLOWING THIRTEEN (13) COURSES; 1. SOUTH 0102744" EAST, A DISTANCE OF 28.90 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 220.00 FEET; 2. SOUTHERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 20-11'09", AN ARC DISTANCE OF 77.51 FEET TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 180.00 FEET; 3. SOUTHEASTERLY, SOUTHERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 33°47'55", AN ARC DISTANCE OF 106.18 FEET TO A POINT OF TANGENCY WITH A LINE; 4. SOUTH 12°09'03" WEST ALONG SAID LINE, A DISTANCE OF 75.28 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 210.00 FEET; 5. SOUTHWESTERLY, SOUTHERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 101'1523", AN ARC DISTANCE OF 371.12 FEET TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 479.85 FEET; 6. SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 20°45'17", AN ARC DISTANCE OF 173.82 FEET TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 220.00 FEET; II SEE SHEET 5 OF 5 FOR SKETCH Sheet 1 of 51 DESCRIPTION OF CDD--1 File' CULPEPPER S. TERPENING, INC 08-242--WA-05 Date • CONSULTING ENGINEERS I LAND SURVEYORS 2980 SOOT" lid. S`TREESi . PDXT PUIRC1, MANUDA 34981 9-03— 2013 pmomH 772,4"-3.i37 • FAX 772-464-9497 . w �.cFcnR. om 151 SXVF1 ,GLF.R A\•FNITE.STCART, FWR1DA 34194 PRON9?72-220-3776. FUC772-464-9497 Tech: BKH 57., ".w�"^r� "1T°�� Packet Pg. 196 8.A.2.c LEGAL DESCRIPTION THIS IS NOT A SURVEY 7. SOUTHEASTERLY, EASTERLY AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 92°09'00", AN ARC DISTANCE OF 353.83 FEET TO A POINT OF TANGENCY WITH A LINE; 8. NORTH 19°29'57" EAST ALONG SAID LINE, A DISTANCE OF 130.44 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 215.00 FEET; 9. NORTHEASTERLY, NORTHERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 62*11-57", AN ARC DISTANCE OF 233.40 FEET TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 183.77 FEET; 10, NORTHWESTERLY, NORTHERLY AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 49-4345", AN ARC DISTANCE OF 159.50 FEET TO A POINT OF COMPOUND CURVATURE WITH A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 20.00 FEET; 11. NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 51037'48", AN ARC DISTANCE OF 18.02 FEET TO A POINT OF COMPOUND CURVATURE WITH A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 195.00 FEET; 12. NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 13°17,30", AN ARC DISTANCE OF 45.24 FEET TO A POINT OF RADIAL INTERSECTION WITH A LINE; 13. NORTH 18002'57" WEST ALONG SAID RADIAL LINE, A DISTANCE OF 20.00 FEET TO THE NORTHEAST CORNER OF SAID PARCEL "A"; THENCE CONTINUE NORTH 18002'57" WEST ALONG SAID LINE, A DISTANCE OF 60.00 FEET TO A POINT OF RADIAL INTERSECTION WITH A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 275.00 FEET, SAID CURVE ALSO BEING THE NORTHERLY RIGHT-OF-WAY LINE OF SAID MEETING STREET; THENCE TRAVERSING SAID NORTHERLY RIGHT-OF-WAY LINE BY THE FOLLOWING TWO (2) COURSES; 1. NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 18-02'56", AN ARC DISTANCE OF 86.63 FEET TO A POINT OF TANGENCY WITH A LINE; 2, NORTH 89'59'59" EAST ALONG SAID LINE, A DISTANCE OF 349.02 FEET TO A POINT OF CUSP WITH N A CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 4.00 FEET, SAID CURVE ALSO BEING THE SOUTHWESTERLY LINE OF PARCEL "I" AS SHOWN ON SAID PLAT; O THENCE TRAVERSING THE BOUNDARY OF SAID PARCEL "I" BY THE FOLLOWING THREE (3) COURSES; T" .L 1. NORTHWESTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE .r T OF 90°00'00", AN ARC DISTANCE OF 6.28 FEET TO A POINT OF TANGENCY WITH A LINE; 2. NORTH 00000'00" EAST ALONG SAID LINE, A DISTANCE OF 231.96 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 4.00 FEET; x 3. NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 90°00'00", AN o ARC DISTANCE OF 6.28 FEET TO A POINT OF TANGENCY WITH A LINE, SAID LINE ALSO BEING THE SOUTH RIGHT-OF-WAY LINE OF STEPHANIE WAY AS SHOWN ON SAID PLAT; o :r m a SEE SHEET 5 OF 5 FOR SKETCH Sheet 2 of f r 4c) E t DESCRIP1iON File: 2-WA-05 CULPEPPER & TERPENING, INC Q OF Dote CONSULTING ENGINEERS LAND SURVEYORS ' 2900 SOUTH 251h SI'RF7tT FORT P RCR, FLORIDA 34991 9-03-2013 • PHONT 772-464-3537. P,-X 772464 9497 - .,,,..•.,K„�«� CDD- t f 131SWFLAGll?RAVCNL'8•Si7L1E Tech! BKH PH()NR 772-220-3376• F.1X 772-464A4 7•,m�nM",.,�R),�,. Packet Pg. 197 8.A.2.c LEGAL DESCRIPTION THIS IS NOT A SURVEY THENCE SOUTH 90'00'00" EAST, ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 346.42 FEET TO A POINT; THENCE SOUTH 00°00'00" WEST, A DISTANCE OF 231.70 FEET TO A POINT; THENCE NORTH 56°41'35" EAST, A DISTANCE OF 26.24 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 4.00 FEET; THENCE NORTHEASTERLY, EASTERLY AND SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 87050'52', AN ARC DISTANCE OF 6.13 FEET TO A POINT; THENCE SOUTH 35'27'33" EAST, A DISTANCE OF 193.68 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 4.00 FEET; THENCE SOUTHEASTERLY, SOUTHERLY, AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 90000'02', AN ARC DISTANCE OF 6.28 FEET TO A POINT; THENCE SOUTH 54032'27" WEST, A DISTANCE OF 300.45 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 15.00 FEET; THENCE SOUTHWESTERLY, SOUTHERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 83-01-03", AN ARC DISTANCE OF 21.73 FEET TO A POINT; THENCE SOUTH 28°28'36" EAST, A DISTANCE OF 41.86 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 150.00 FEET; THENCE SOUTHEASTERLY, SOUTHERLY, AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 56°33'41", AN ARC DISTANCE OF 148.08 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 50.00 FEET; THENCE SOUTHWESTERLY, SOUTHERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 63°32'38", AN ARC DISTANCE OF 55.45 FEET TO A POINT; THENCE SOUTH 35°27'33" EAST, A DISTANCE OF 228.96 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 50.00 FEET; THENCE SOUTHEASTERLY, EASTERLY AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 85°46'12", AN ARC DISTANCE OF 74.85 FEET TO A POINT; THENCE NORTH 58-46'15" EAST, A DISTANCE OF 104.45 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 155.00 FEET; THENCE NORTHEASTERLY, EASTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 79-45-38", AN ARC DISTANCE OF 215.77 FEET TO A POINT; THENCE SOUTH 41 *02'18" EAST, A DISTANCE OF 178.44 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 781.00 FEET, SAID POINT LYING ON THE EASTERLY LINE OF SAID TRADITION PLAT NUMBER 17; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 25°50'02", AN ARC DISTANCE OF 352.14 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 25.00 FEET, SAID CURVE BEING THE EASTERLY LINE OF SAID TRADITION PLAT NUMBER 17; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 89-38'04", AN ARC DISTANCE OF 39.11 FEET TO A POINT OF CUSP WITH A LINE, SAID LINE ALSO BEING THE NORTH RIGHT-OF-WAY LINE OF TRADITION PARKWAY (TRACT R-3) AS SHOWN ON THE PLAT OF TRADITION PLAT NUMBER 6, AS RECORDED IN PLAT BOOK 42, PAGES 5, 5A THROUGH 5F, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; SEE SHEET 5 OF 5 FOR SKETCH Sheet 3 of DESCRIPTION OF CDD-1 File: CULPEPPER & TERPENING, INC 08-242-WA-05 Date: CONSULTING ENGINEERS I LAND SURVEYORS 2980 SOU-l'I 123.h SI-REUT . FORT PTF.RCE. FLORIDA 34981 9-03-2013 PHONE 772.46+3537. PAX 7M464-9497.or wv i-snga.n ISI'M 14ACLRAAYP.NUL+. MT ARTPLOlUDA 34"4 PNONR 772-220-3376. FAX 772-u.4-94 a Tech: BKH I -- rrA1ic -w o--rw,-j Packet Pg. 198 8.A.2.c LEGAL DESCRIPTION THIS IS NOT A SURVEY THENCE TRAVERSING THE BOUNDARY OF SAID TRADITION PLAT NUMBER 6 BY THE FOLLOWING FIVE (5) COURSES: 1. NORTH 89°57'05" EAST ALONG SAID LINE, A DISTANCE OF 737.23 FEET; 2. SOUTH 00°01'45" WEST, A DISTANCE OF 200.00 FEET; 3. SOUTH 89057'05" WEST, A DISTANCE OF 2428,14 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 175.00 FEET; 4. SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 54°37'24", AN ARC DISTANCE OF 166.84 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 300.00 FEET; 5. SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 19-14'49", AN ARC DISTANCE OF 100.78 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 175.00 FEET; THENCE SOUTHWESTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE DEPARTING SAID BOUNDARY, THROUGH A CENTRAL ANGLE OF 54°37'25", AN ARC DISTANCE OF 166.84 FEET TO A POINT OF TANGENCY WITH A LINE; THENCE SOUTH 00°02'55" EAST, ALONG SAID LINE, A DISTANCE OF 12.70 FEET; THENCE SOUTH 89°57'05" WEST, A DISTANCE OF 175.00 FEET; THENCE NORTH 00°02'55" WEST, A DISTANCE OF 109.52 FEET TO A POINT OF NON -RADIAL INTERSECTION WITH A CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF 300,00 FEET (THE RADIUS POINT OF WHICH BEARS NORTH 14'25'44" EAST FROM THIS POINT), SAID CURVE ALSO BEING THE WESTERLY LINE OF SAID TRADITION PLAT NUMBER 6; THENCE NORTHWESTERLY, NORTHERLY AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND SAID WESTERLY LINE, THROUGH A CENTRAL ANGLE OF 154°16'10-, AN ARC DISTANCE OF 807.75 FEET TO THE SOUTHWEST CORNER OF COMMUNITY BOULEVARD (TRACT R-2) AS SHOWN ON SAID TRADITION PLAT NUMBER 6; THENCE CONTINUE: EASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 300.00 FEET, NOW CONCAVE TO THE SOUTH, THROUGH A CENTRAL ANGLE OF 23"04-26", AN ARC DISTANCE OF 120.81 FEET TO THE POINT OF BEGINNING. TOGETHER WITH ALL OF PARCEL "A" AS SHOWN ON THE PLAT OF TRADITION PLAT NO. 17, RECORDED IN PLAT BOOK 43, PAGES 22, 22A - 22F, PUBLIC RECORDS OF SAINT LUCIE COUNTY, FLORIDA. CONTAINING 67.871 ACRES OF LAND, MORE OR LESS, I I SEE SHEET 5 OF 5 FOR SKETCH Sheet 4 of 5 DESCRIP11ON OF CDD-1 File: CULPEPPER & TERPENING, INC 08— 242— WA-05 Iff Date - CONSULTING ENGINEERS I LAND SURVEYORS 29N SOL'M 2 ,h SYRJ2ffr . FOXC PIERCE, FLMUDA 34091 9-03-2013 PJIorJL rr2�s4 sssr. P,ucrrs 4Ra sa9r • I5J SN PJ iGJ.LL0. AVL't UL • STUART FJ. A 99 PFCO*7F.T72-2211.337f.. FAX772.4(A-94 a Tech- BKH I — STATCOFFLC* AMKIPfATIJ Packet Pg. 199 8.A.2.c SCALE: 1" = 450' N90'00'00"E 261.04'--- S01'27'44"E I 28.90' S90'00'00"E 150.64' I N45'07'04Y£ :R=180 DO' A--33'47'S5 -4 dj z� za O EvN f5m a R=300. =1 416 L=807. L4 SKETCH TO ACCOMPANY LEGAL DESCRIPTION THIS IS NOT A SURVEY R= 4.00' TRADITION PLAT NO, 2 A=90'00'00" TRADITION PLAT 110. 13 P.B. 42 PGS, 3, 3A-30 L=6.28 P.B. 43, PGS. 20 20A ft=593.00' P,Rm j - sTEPHANIE WAY A=18'02'57" 1w+crrn-+ , L=186.81' N71'57'03"E 231.52' j-R-4.00' ' R=20.0 A-90'OQ'00. INUD'U0'00"E 11 R 87' 0'52" 1 ; 1 1 L=6.28' 231.96' L 6.13' PMm r-1 lP im r= � �51'37'48" " I I L2 . PARCEL I " f a T R=4.00' ° rc _J \. 1- 26.24' , n=sa'oo'o2 _- C 4 EET1N SIREET , N18'D2'S7"V/ -t 5'�` + PAR= r--I` y Pulmr-I > i2R=220.00' 20.00 L-217 IF \� Cr A=20'I1'09. R=183.77 R-195.00' - ' %I A49'43'45" <�p e � =50.0%0L=77.51' 11 L=159.50' L=45.24' +~� S12'09'03'W 75.28' PARCEL A R=215.00' NO. L=148.08' - f oN �TI0. MAXI AC. PLAT 17 A=62'11'57" t R=479.85' L=233.40' ` A 20'45'17" R=50. 0' A=6332'38" PARCEL ° L=55.45' P P.B. 42 PGS. 5. 5A-5F �--� L=173.82' ,: - N19'29'57"E W.u.T-At2 `• 130,44' <o� PAL 9 PARCEL C C3'� R=210.00'--- -- CDD-1 - (� �--' `� R-781.00' b-101'15'23" � R-220.00' 67.$71 ACRES +/- C2 �1 a "/ 34 A=34'43" L=371.12' A-92'09'00" TRADITION o Y L=471.34' TOTAL R=300.00' L-353.83' PLAT NO. 17 Z n P.B.43 iA-=•23'04'26" {�,Q,B, PGS.22. 22A-22F 2 o - R=781.00' �•-. L=120.81' MOST WESTERLY SOUTHWEST 1 N c�25'S0'02" CORNER OF TRADITION PLAT NO. 17 1 i L=352.14' 43, PGS. 22, 22A-c22F-- -_ u>aPLATIED TRADITION PARKWAY TRADITION PLAT No. IS1RACT R-3 P.B. 42 PGS. S. 5A-5F R=175.00' S89'57'05"W ,t --54 37 24 L=166.84' R=300.00' &-19'14'49" L=100.78' L3 R=175.00' A=-54'37'25" UNPIAT-rED L-166.84' SEE SHEETS 1 THROUGH 4 OF 5 FOR DESCRIPTION SKETCH OF DESCRIPTION OF CDD-1 SECTION LINE SECTION 1s 16 15 SECTION LINE o 2428.14' S00'01'45"W, it tW ATTLD "+ O ^_ aii><�_ •• © ���I1i�3i Fii LINE R LINE DIRECTION DISTANCE O o0 L2 N69'59 59 E 3 S00'02 58 E 70 4 5 9 B 6 S35'27 33 E 193.66 45 8.9 1 e 2 L.11 I3 0 12 I dam'35-El104.45 1 LEGEND: 200.00 ,. I R - RADIUS u ` - CENTRAL ANGLE V CDD - COMMUNITY DEVELOPMENT DISTRICT w O.S.T. - OPEN SPACE TRACT N P.B. - PLAT BOOK PGS. = PACES P.O.B. = POINT OF BEGINNING P.O.C. s POINT OF COMMENCEMENT N.R. - NON RADIAL RAD. RADIAL Q W.M.T. = WATER MANAGEMENT TRACT x W O c O :r m a Sheet 5 of 5 r c t File: -WA-05 CULPEPPER & TERPENING, INC um Date. CONSULTING ENGINEERS 1 LAND SURVEYORS Q l 2Yx0V)trM25db SIREL'T•FDR-1-PlERCrT,FT'ORIF) 34491 j 9-03-2013 PHONE 772.464-353: • FAXT,?.464-9497. uv�vnr�.r"u s{ 151 SWFLAGLtRAVEINLE-57T:A ', FLOAIDA349% FHO�ll: M 22a3376 • FAX 7I --'- Tech: BKH r.+n urruvuzl rm)nr.) Packet Pg. 200 8.A.2.c EXHIBIT B WRITTEN CONSENT OF THE LANDOWNER TO INCLUSION OF PROPERTY WITHIN THE EXTERNAL BOUNDARIES OF THE DISTRICT TRADITION LAND COMPANY, LLC, an Iowa limited liability company authorized to transact business in the State of Florida ("Landowner"), hereby certifies that it is the owner of certain real property comprising approximately 8.573 acres ("Included Property") currently located within the boundaries of Tradition Community Development District No. 3. By signing below, the Landowner hereby gives its full consent to the modification of the external boundaries of Tradition Community Development District No. 1 ("District") to include the Included Property within the boundaries of the District. The Included Property is more fully described in Exhibit A-1 to the petition to which this consent is attached. IN WITNESS WHEREOF, the undersigned has executed this Consent on behalf of the Landowner as of the date set forth below. TRADIW-N LAND COMPANY, LLC By: Print me: Title: Date: li •L STATE OF FEMDA COUNTY OF Lk ML Q I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County Aforesaid t t e qknowledgmentspthe fore ping nstrument was acknowledged before me by _ ti • tt t`� , the P f'r f'�4 {n T of Tradition Land Company, LLC. He/she'y is personally known to me or o has produced as identification. WITNESS my hand and official seal in the County and State last aforesaid thiSQ 'day Of N uV ern` f , 2013. [Notary Sea]] BRANDISC©TT Commssekx Number 763590 My Commission Expires June 23, 2016 1 ` Notary Pub ' tate of \ oW a Typed, printed, or stamped name of Notary Public My Commission Expires: _ 1p - 2a -- \k— W Packet Pg. 201 8.A.2.c EXHIBIT C DESIGNATION OF THE FUTURE. GENERAL DISTRIBUTION, LOCATION, AND EXTENT OF PUBLIC AND PRIVATE USES OF LAND PROPOSED FOR THE AREA TO BE INCLUDED IN TRADITION COMMUNITY DEVELOPMENT DISTRICT NO. I .l w Packet Pg. 202 8.A.2.c DESIGNATION OF FUTURE GENERAL DISTRIBUTION, LOCATION, AND EXTENT OF PUBLIC AND PRIVATE USES OF LAND AS PROPOSED BY THE FUTURE LAND USE ELEMENT OF THE CITY'S COMPREHENSIVE PLAN PROPOSED BOUNDARY CHANGE —SHIFTING +/- 8.573 ACRES FROM TRADITION COMMUNITY DEVELOPMENT DISTRICT NO. 3 TO TRADITION COMMUNITY DEVELOPMENT DISTRICT NO. 1 Introduction. Section 190.046(1)(a), Fla. Stat., provides that when a petitioner seeks to expand or contract a community development district, the petition "shall describe .. . the designation of the future general distribution, location, and extent of public and private uses of land proposed for the area [to be added or removed] by the future land use element of the adopted local government comprehensive plan." Tradition Community Development District Nos_ 1 and 3, each located wholly within the municipal limits of the City of Port St. Lucie ("City"), propose shifting +/- 8.573 acres from District No. 3 to District No. 1. This designation is provided with respect to the proposed boundary change in compliance with the requirement set forth in Section 190.046(1)(a). Future Land Use Designation. The property that is proposed to shift from District No. 3 to District No. 1 is currently, and following the proposed boundary change would remain, designated NCD (New Community Development) on the future land use map of the City's comprehensive plan. Zoning. The property that is proposed to shift from District No. 3 to District No. 1 is currently, and following the proposed boundary change would remain, designated MPUD (master planned unit development district) on the zoning map for the City. The MPUD Document and conceptual development plan for the Tradition community, of which the property is a part, are set forth in City Ordinance No. 03-151, as amended by City Ordinance Nos. 05-124, 06-54, 07-108, 08-81, and 12-68. Development/Use Standards. The property that is proposed to shift from District No. 3 to District No. 1 is currently, and following the proposed boundary change would remain, located within the Town Center portion of the MPUD. The proposed development/use standards for the Town Center Areas are set forth in Exhibit 6, Section 3, of the MPUD Ninth Amendment, approved November 18, 2012, by City Ordinance No. 12-68. 1 Packet Pg. 203 8.A.2.c Proposed Public and Private Uses of Land. Among the uses permitted within the Town Center portion of the Tradition MPUD, including the property that is proposed to shift from District No. 3 to District No. 1, are multiple -family dwellings at a density between 8 and 20 dwelling units per net developable acre. See Exhibit 6, Sections 3(B)(18) and 3(E)(1), of the MPUD Ninth Amendment. Consistent with these regulations, the landowner anticipates developing the property for approximately 130 privately -owned townhomes, for a residential density of approximately 15 dwelling units per acre. There is no separate public use proposed for the property. z Packet Pg. 204 8.A.2.c EXHIBIT D z° STATEMENT OF ESTIMATED REGULATORY COSTS 0 w c a� E a O m a� 0 .E E E O U c O :a c� H L O d tm C t U Q R c O 00 v m O Q O L- a w Q D Packet Pg. 205 8.A.2.c STATEMENT OF ESTIMATED REGULATORY COSTS PROPOSED BOUNDARY CHANGE —SHIFTING +l- 8.573 ACRES FROM TRADITION COMMUNITY DEVELOPMENT DISTRICT NO. 3 TO TRADITION COMMUNITY DEVELOPMENT DISTRICT NO. 1 1.0 Introduction 1.1 Purpose and Scope This statement of estimated regulatory costs ("SERC") supports the petitions by Tradition Community Development District Nos. 1 and 3 to shift +l- 8.573 acres from District No. 3 to District No. 1. The property was planned for either residential or mixed use development and now would be planned for approximately 130 townhomes. Therefore, no change in planning or zoning will be needed, and the infrastructure to serve the proposed land use is already in place. The purpose of the proposed boundary change would be to incorporate residential development into District No. 1, thereby providing for transition of the Board of Supervisors for District No. 1 to control by its resident electors. The limitations on the scope of this SERC are explicitly set out in Section 190.002(2)(d), Fla. Stat., as follows (emphasis added): "That the process of establishing such a district pursuant to uniform general law shall be fair and based only on factors material to managing and financing the service delivery function of the district, so that any matter concerning permitting or planning of the development is not material or relevant." 1.2 Overview of the Proposed Boundary Change Figure 1 displays the property proposed to shift from District No. 3 to District No. 1. 1 Packet Pg. 206 8.A.2.c Figure 1. Property Proposed to Shift from Tradition Community C &-10 C4.D.-O Dry o. . ►ORT 5T. UKK . O.D.D.-D f / i 1 CD-D.-2MAMI r CO.0.-1 I i 1.3 Requirements for Statement of Estimated Regulatory Costs Section 120.541(2), Fla. Stat., sets forth the elements a statement of estimated regulatory costs, which must contain: (a) An economic analysis showing whether the rule directly or indirectly.- 1. Is likely to have an adverse impact on economic growth, private sector job creation or employment, or private sector investment in excess of $1 million in the aggregate within 5 years after the implementation of the rule; 2. Is likely to have an adverse impact on business competitiveness, including the ability of persons doing business in the state to compete with persons doing business in other states or domestic markets, productivity, or innovation in excess of $1 million in the aggregate within 5 years after the implementation of the rule; or r 0 CU CL X w 0 0 r a� a w _ a� E Q 2 Packet Pg. 207 8.A.2.c 3. Is likely to increase regulatory costs, including any transactional costs, in excess of $1 million in the aggregate within 5 years after the implementation of the rule. (b) A good faith estimate of the number of individuals and entities likely to be required to comply with the rule, together with a general description of the types of individuals likely to be affected by the rule. (c) A good faith estimate of the cost to the agency, and to any other state and local government entities, of implementing and enforcing the proposed rule, and any anticipated effect on state and local revenues. (d) A good faith estimate of the transactional costs likely to be incurred by individuals and entities, including local government entities, required to comply with the requirements of the rule. As used in this section, "transactional costs" are direct costs that are readily ascertainable based upon standard business practices, and include filing fees, the cost of obtaining a license, the cost of equipment required to be installed or used or procedures required to be employed in complying with the rule, additional operating costs incurred, the cost of monitoring and reporting, and any other costs necessary to comply with the rule. (e) An analysis of the impact on small businesses as defined by s. 288.703, and an analysis of the impact on small counties and small cities as defined in s. 120.52. The impact analysis for small businesses must include the basis for the agency's decision not to implement alternatives that would reduce adverse impacts on small businesses. (f) Any additional information that the agency determines may be useful (g) In the statement or revised statement, whichever applies, a description of any good faith written proposal submitted under paragraph (1)(a) and either a statement adopting the alternative or a statement of the reasons for rejecting the alternative in favor of the proposed rule. 3 Packet Pg. 208 8.A.2.c 2.0 An economic analysis showing whether the proposed boundary change directly or indirectly will have an adverse impact on economic growth, job creation, employment, private sector investment, business competitiveness, or regulatory costs Section 120.541(2)(a) requires an economic analysis showing whether the proposed boundary change will directly or indirectly will have an adverse impact on economic growth, job creation, employment, private sector investment, business competitiveness, or regulatory costs exceeding $1 million in the aggregate within 5 years after the establishment occurs. The shifting of +/- 8.573 acres from Tradition Community Development District No. 3 to Tradition District No. 1 will not have an adverse impact on economic growth, job creation, employment, private sector investment, business competitiveness, or regulatory costs. Tradition Community Development District Nos. 1 and 3 are existing community development districts that have operated for over ten years. The shifting of a parcel of land from the jurisdiction of one district to an adjacent district will have no impact on economic growth, job creation, employment, or any other economic metric or on any cost of regulation. Furthermore, there will be no change in land uses or development intensity. As noted in the petitions of Tradition District No. 1 to expand and District No. 3 to contract, public infrastructure facilities and services are currently provided to the +/- 8.573 acre parcel by District No. 1 pursuant to an interlocal agreement among District No. 1, District No. 3, and the other Tradition Community Development Districts. Following the proposed boundary change, these facilities and services will continue to be provided to the property by District No. 1 in accordance with the agreement. See the Amended and Restated Interlocal Agreement dated as of April 8, 2008, recorded at Official Records Book 2983, Pages 1074-1124, of the Public Records of St. Lucie County, Florida. 3.0 A good faith estimate of the number of individuals and entities likely to be required to comply with the proposed boundary change, together with a general description of the types of individuals likely to be affected by the change. 4 Packet Pg. 209 8.A.2.c There is no change in the number of individuals or entities likely to be required to comply with the boundary change because the proposal merely shifts land from one district to another. The existing development plan envisions approximately 130 townhomes on the property to be shifted. Therefore, approximately 260 individuals will be required to comply with the proposed boundary change. Prior to the development and sale of the townhomes the landowner is subject to the affects of the proposed change shifting the property from District No. 3 to District No. 1. 4.0 Good faith estimate of the cost to state and local government entities, of implementing and enforcing the proposed boundary change, and any anticipated effect on state and local revenues. 4.1 Impact on State and Local Revenues State Government Entities There will be no cost impact to any Florida ("State") governmental entity if the proposed rule is adopted. As noted above, the Districts already exist and have operated successfully for over ten years. The shift of +/- 8.573 acres from one district to another will have no cost impact. Likewise, there will be no ongoing cost to various State entities to implement and enforce the proposed rule. St. Lucie County and the City of Port St. Lucie County and City staff will process, analyze, and conduct public hearing(s) on the petition to shift the property between the Districts. These activities will absorb the time of the County and City staffs and County Commissioners and City Councilmen. However, these costs to the County and City are likely to be minimal for a number of reasons. First, review of the petitions does not include analysis of the development to be served by the Districts. Second, the petitions themselves provide most of the information needed for County and City staffs' review. Third, the County and City currently employ the staff needed to conduct the review of the petition. Fourth, no capital expenditure is required to review the petitions. Finally, local governments routinely process similar petitions for land use and zoning changes that are more complex than is a petition to expand or contract the boundaries of a community development district. s Packet Pg. 210 8.A.2.c There is no new annual cost to the City or the County related to the proposed rule. The two affected districts already exist, and no changes to land use or development intensity are proposed. 4.2 Impact on State and Local Revenue Adoption of the proposed ordinances to contract the boundaries of Tradition Community Development District No. 3 and correspondingly expand the boundaries of Tradition District No. 1 will have no impact on State or local revenues. The two districts affected already exist, and no change to the development plan for the parcel shifting from District No. 3 to District No. 1 is expected or planned. 5.0 A good faith estimate of the transactional costs likely to be incurred by individuals and entities required to comply with the requirements of the proposed boundary change. The shifting of +/- 8.573 acres of property between two existing community development districts will impose no new transactional costs on any individual or entity. 6.0 An analysis of the impact on small businesses as defined by Section 288.703, Fla. Stat., and an analysis of the impact on small counties and small cities as defined by Section 120.52, Fla. Stat. The shifting of +/- 8.573 acres of property between two existing community development districts will have no impact on small businesses. 7.0 Any additional useful information. The analysis provided above is based on a straightforward application of economic theory, especially as it relates to tracking the incidence of regulatory costs and benefits. Inputs were received from the Developer's Engineer and other professionals associated with the Developer. Fishkind & Associates, Inc. ("Fishkind"), certifies that this SERC meets the requirements for a SERC as set forth in Section 120.541, Fla. Stat. 6 Packet Pg. 211 8.A.2.c Fishkind has drafted more than 100 SERCs. Below is a listing of some of the Districts for which we have prepared SERCs. • Urban Orlando Community Development District • Palazzo Del Lago Community Development District • Winter Garden Village at Fowler Groves Community Development District • Midtown Orlando Community Development District • New Port Tampa Bay Community Development District • The Tradition "Family" of Community Development Districts • Marshall Creek Community Development District • Cedar Hammock Community Development District • Meditera Community Development District • Brooks Community Development District • Highlands Community Development District Q 7 Packet Pg. 212 8.A.2.c EXHIBIT E z° RESOLUTION OF THE BOARD AUTHORIZING (I) EXPANSION OF THE DISTRICT'S BOUNDARIES, (2) SUBMISSION TO THE COMMISSION OF A PETITION FOR EXPANSION, AND (3) SUBMISSION TO THE CITY OF A REQUEST a FOR APPROVAL OF THE PETITION FOR EXPANSION E a O m m 0 .E m E E O U c O 'a R L L O d R ♦t V q C O m d V1 O Q O N- IL w E Packet Pg. 213 8.A.2.c RESOLUTION NO.2013-02 A RESOLUTION OF THE BOARD OF SUPERVISORS OF T�,ADITION COMMUNITY DEVELOPMENT DISTRICT NO. AUTHORIZING THE EXPANSION OF THE BOUNDARIES THE DISTRICT; AUTHORIZING EXECUTION OF A PETITION SEEKING SUCH EXPANSION; AUTHORIZING SUBMISSION OF THE PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA; AUTHORIZING THE APPROPRIATE OFFICERS OF THE DISTRICT TO REQUEST THE CITY COUNCIL, OF THE CITY OF PORT ST. LUCIE, FLORIDA TO APPROVE THE PETITION; AUTHORIZING THE EXECUTION OF AN ASSIGNMENT AND ASSUMPTION AGREEMENT RELATING TO THE PROPERTY TO BE INCLUDED IN THE DISTRICT BOUNDARIES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF TRADITION COMMUNITY DEVELOPMENT DISTRICT NO. 1: SECTION 1. AUTHORITY FOR THIS RESOLUTION; DEFINITIONS. The Board of Supervisors ("Board") of Tradition Community Development District No. 1 ("District") is authorized to adopt this Resolution under the authority granted by the provisions of Chapter 190, Florida Statutes ("Act") and other applicable law. SECTION 2. FINDINGS. A. The District was established by ordinance of the Board of County Commissioners of St. Lucie County, Florida ("County'), enacted on August 21, 2001, as amended ("Ordinance"). B. The District, Tradition Community Development District No. 2 ("District No. 2"), Tradition Community Development District No. 3 ("District No. 3"), Tradition Community Development District No. 4 ("District No. 4"), Tradition Community Development District No. 5 ("District No. 5"), Tradition Community Development District No. 6 ("District No. 6"), Tradition Community Development District No. 7 ("District No. 7"), Tradition Community Development District No. 8 ("District No. 8"), Tradition Community Development District No. 9 ("District No. 9"), and Tradition Community Development District No. 10 ("District No. 10," and, collectively with the District, District No. 2, District No. 3, District No. 4, District No. 5, District No. 6, District No. 7, District No. 8, and District No. 9, the "Districts"), have entered that certain Amended and Restated District Development Interlocal Agreement dated as of April 8, 2008 ("District Interlocal Agreement"). C. The District Interlocal Agreement contemplates that the District, as well as other 2003 Project Districts (as defined in the District Interlocal Agreement) will share in the use and benefit of TRA 1513001 CDD 12013 Boundary Change RES (V3 CQ Packet Pg. 214 8.A.2.c certain infrastructure improvements and services ("2003 Project") intended to serve the 2003 Project Districts. The District Interlocal Agreement recognizes that the District has financed the 2003 Project by issuing the 2003 Bonds (as defined in the District Interlocal Agreement) secured by, among other things, proceeds of the 2003 Project Assessments (as defined in the District Interlocal Agreement) levied on benefitted lands within the 2003 Project Districts. D. It has come to the attention of the Board that, on May 30, 2013, the Internal Revenue Service ("IRS") delivered to Village Center Community Development District, a Florida community development district established under the Act ("Village Center CDD'), a technical advice memorandum ("Villages TAM"), in connection with the examination by the IRS of bonds issued by the Village Center CDD. The Villages TAM concluded that the Village Center CDD is not a political subdivision permitted to issue tax-exempt bonds based on a number of facts including that its governing board is elected by a small group of landowners, and that it "was organized and operated to perpetuate private control and avoid indefinitely responsibility to a public electorate, either directly or through another elected state or local governmental body." E. Approximately 59.298 acres are currently within the external boundaries of the District. Subsequent to the establishment of the District, all of the property within the external boundaries of the District was annexed into the municipal boundaries of the City of Port St. Lucie, Florida ("City"). The land within the boundaries of the District is currently developed with commercial uses. F. As a result of the Villages TAM, the Board hereby determines that it is in the best interest of the District, the landowners in the District, the residents and landowners in the other 2003 Project Districts, and the holders of the 2003 Bonds that the District take actions intended to result in the Board ultimately being elected by qualified electors within the District, as provided in the Act. G. In furtherance of the foregoing, the District has identified certain approximately 8.57 acres of property adjacent to the existing boundaries of the District that is intended for residential development ("Included Property"). The Included Property is currently located within the boundaries of the City and District No. 3, which is a 2003 Project District. Based on inquiry by representatives of the District of the owner of 100 percent of the Included Property ("Owner") and of the District's Financial Advisor, and as shall be more fully set forth in the statement of estimated regulatory costs ("SERC") to be attached to the Petition, the Owner has indicated that it reasonably expects to proceed with all reasonable speed to develop the Included Property with residential uses and the Financial Advisor has indicated that it is reasonably expected that the Owner's proposed plan of development of the Included Property will result in at least 250 qualified electors (within the meaning of the Act) residing within the residential units to be developed on the Included Property. H. The Owner has indicated that it will consent in writing to the inclusion of the Included Property within the boundaries of the District and District No. 3 has indicated that it will cooperate with the exclusion of the Included Property from within its boundaries and the inclusion of the Included Property within the boundaries of the District. TRA 1513001 CDD1 2013 Boundary Change RES (V3 CL) Packet Pg. 215 8.A.2.c I. The Board hereby determines that it is in the best interests of the District and the current and future landowners and residents of the District that the District's boundaries be amended to incorporate the Included Property so that thereafter the external boundaries of the District shall include approximately 67.868 acres and that the District should submit a petition in accordance with Section 190.046 of the Act ("Petition") to accomplish such expansion of the District's boundaries. J. The District anticipates that, contemporaneously with the District's submission of the Petition, District No. 3 will submit a corresponding petition seeking the amendment of its boundaries to exclude from District No. 3's boundaries the Included Property. K. Pursuant to an Assignment and Assumption Agreement ("Assignment"): (i) District No. 3 will assign to the District its right to collect the 2003 Project Assessments and the 2003 Project Maintenance Assessments (as defined in the District Interlocal Agreement) with respect to the Included Property currently in District No. 3 and its obligation to remit such funds consistent with obligations set forth in the indenture for the 2003 Bonds, and (ii) and the District will assume the obligations of District No. 3 to remit such funds consistent with the obligations set forth in the indenture for the 2003 Bonds, in each case effective upon the amendment of the boundaries of the District and District No. 3. L. In furtherance of the foregoing, the Board hereby desires to (i) approve preparation of the Petition seeking the expansion of the District's boundaries in the manner required by Section 190.046(1) of the Act, (ii) authorize the execution of the Petition and submission of the Petition to the County by the appropriate representatives of the District, and (iii) authorize the appropriate officers and representatives of the District to obtain the City's approval of the Petition, as required by Section 190.046(1)(b) of the Act. M. The District has reviewed the proceedings relating to the 2003 Project Assessments and the 2003 Project Maintenance Assessments (collectively, the "Assessments") levied on the applicable portions of the Included Property and hereby determines that such proceedings were, in all respects, consistent with the requirements of law and fairly and equitably apportioned the Assessments among specially benefited properties and that affected property owners were given due notice and opportunity to appear and to be heard with respect thereto. Accordingly, the District hereby accepts, confirms, and adopts the Assessments as if such Assessments had been levied by the District. SECTION 3. AUTHORIZATION OF EXPANSION OF DISTRICT BOUNDARIES AND PETITION. The Board hereby authorizes the amendment of its boundaries to include the Included Property within its boundaries. The preparation of the Petition is hereby approved and the Chairman or Vice -Chairman of the Board or their respective designee is hereby authorized and directed to cause the Petition, and all documents and instruments required to be submitted with the Petition pursuant to the Act, to be prepared and to execute the Petition, in such form and with such changes, insertions, modifications, and deletions as may be approved by the officer of the District executing the same, in consultation with the District's General Counsel. The Board hereby authorizes the submission of the Petition to the County. The Board further authorizes TRA 1513001 CDD12013 Boundary Change RES (V3 CL) Packet Pg. 216 8.A.2.c the District Manager, District Counsel, Bond Counsel, and other appropriate officers of the District to obtain from the City Council of the City consent to the approval of the Petition by the County. SECTION 4. AUTHORIZATION OF ASSIGNMENT AND ASSUMPTION. The District hereby approves the assumption fi-om District No. 3 of District No. 3's obligation to collect the Assessments levied on the Included Property currently in District No. 3 and to remit such Assessments consistent with obligations set forth in the indenture for the 2003 Bonds, which assignment will be effective upon amendment of the boundaries of the District and District No. 3 in the manner contemplated by this Resolution. To effectuate the foregoing, the Chairman or Vice - Chairman of the District or their respective designee is hereby authorized and directed to prepare and execute the Assignment, in such form and with such changes, insertions, modifications, and deletions as may be approved by the officer of the District executing the Assignment, in consultation with the District's General Counsel. SECTION 5. MISCELLANEOUS. The Chairman, Vice -Chairman, and Secretary of the Board, the District's General Counsel, District Manager, and other authorized officers are authorized and directed to prepare, execute, and deliver all documents, instruments, and certificates and to take all actions and steps on behalf of the District that are necessary or desirable in connection with the Petition and the amendment to the District's boundaries as authorized in this Resolution. SECTION b. SEVERABILITY. Should any sentence, section, clause, part, or provision of this Resolution be declared by a court of competent jurisdiction to be invalid, the same shall not effect the validity of this Resolution as a whole, or any part thereof, other than the part declared invalid. SECTION 7. EFFECTIVE DATE. This Resolution shall be effective immediately upon its adoption. PASSED AND ADOPTED at a meeting of the Board of Supervisors of Tradition Community Development District No. 1 this 13th day of August, 2013. [SEAL] A ` -r1E QT. TRA 1513001 CDD1 2013 Boundary Change RES (V3 CL) TRADITION COMMUNITY DEVE PMENT DISTRICT NO.1 airman Packet Pg. 217 8.A.2.c Packet Pg. 218 8.A.2.d ORDINANCE NO. : AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING ORDINANCE NO. 01-010 ENACTED BY THE COUNTY ON AUGUST 21, 2001, ESTABLISHING TRADITION COMMUNITY DEVELOPMENT DISTRICT NO. 1, AS AMENDED BY ORDINANCE NO. 02-010 ENACTED BY THE COUNTY ON MARCH 26, 2002, ORDINANCE NO. 06-033 ENACTED BY THE COUNTY ON AUGUST 15, 2006, AND ORDINANCE NO. 07-042 ENACTED BY THE COUNTY ON SEPTEMBER 41, 2007, AND AMENDING SECTION 1-6.5-81 OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, IN ORDER TO EXPAND THE EXTERNAL BOUNDARIES OF THE DISTRICT AND DESCRIBE THE REVISED EXTERNAL BOUNDARIES OF THE DISTRICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE 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. On August 21, 2001, the County enacted Ordinance No. 01-010 ("Original Ordinance") amending Section 1-6.5 "Community Development" of the Code of Ordinances of St. Lucie County, Florida, to establish Tradition Community Development District No. 1 (formerly known as Westchester Community Development District No. 1) ("District") as a community development district pursuant to the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes, as amended ("Act"), and other applicable law, including establishing its external boundaries, among other matters. On March 26, 2002, the County enacted Ordinance No. 02-010 ("Amending Ordinance") amending Section 1-6.5-81 "Community Development" of the Code of Ordinances of St. Lucie County, Florida, to revise the external boundaries of the District. Subsequent to the enactment of the Amending Ordinance, all of the real property within the boundaries of the District was annexed into the boundaries of the City of Port St. Lucie, Florida ("City"). On August 15, 2006, the County enacted Ordinance No. 06-033 ("Second Amending Ordinance") amending Section 1-6.5-81 "Community Development" of the Code of Ordinances of St. Lucie County, Florida, to revise the external boundaries of the District and change the name of the District. On September 4, 2007, the County enacted Ordinance No. 07-042 to revise further the external boundaries of the District ("Third Amending Ordinance"). The external boundaries of the District currently contain approximately 59.298 acres of real property located entirely within the jurisdictional boundaries of the City. 2. Pursuant to Section 190.046(1) of the Act, the Board of Supervisors of the District has submitted a petition ("Petition") to the County requesting that the boundaries of the District be expanded so that thereafter approximately 67.871 acres of real property will be located within the external boundaries of boundaries of the District. The Petition further requests that the County amend the Original Ordinance, as amended, to reflect the revised boundaries of the District. Packet Pg. 219 8.A.2.d 3. The County has conducted a public hearing on the Petition in accordance with the _ requirements of Section 190.0046(l)(b) and has considered the record of the public hearing and r the factors set forth in Section 190.005(1)(e) of the Act, among other factors, and hereby finds Z that: (a) All statements in the Petition are true and correct; (b) The land to be included within the boundaries of the District, when aggregated with the boundary changes effected by the Amending Ordinance, the Second Amending Ordinance, and the Third Amending Ordinance, does not exceed a cumulative net total greater than 50 percent of the acres initially located within the boundaries of the District and does not exceed 500 acres; (c) Following the proposed amendment of its boundaries, the District will not be inconsistent with any applicable element or portion of the State of Florida's comprehensive plan or of the City's comprehensive plan; (d) Following the proposed amendment of the District's boundaries, the property comprising the District will be of sufficient size, compactness, and contiguity to be developable as one functional interrelated community; (e) The District is the best alternative available for delivering community development services and facilities to the area that will be served by the District; (f) The community development services and facilities of the District will not be incompatible with the capacity and uses of existing local and regional community development services and facilities; and (g) The area that will be served by the District is amenable to separate special district government. 4. The City has submitted to the County a resolution consenting to the County's approval of the boundary changes requested in the Petition. 5. The County now desires to grant the Petition by amending the Original Ordinance, as amended, and Section 1-6.5-81 of the Code of Ordinances of the County, as more fully set forth in this Ordinance. NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. GRANT OF PETITION; AMENDMENT TO ORIGINAL ORDINANCE, AS AMENDED, TO ESTABLISH NEW EXTERNAL BOUNDARIES OF THE DISTRICT. The County hereby grants the Petition. Part A of the Original Ordinance, as amended, is hereby amended to expand the external boundaries of the District by deleting Exhibit A to the Third Amending Ordinance in its entirety and replacing it with Exhibit A attached to this Ordinance. Accordingly, Section 1-6.5-81 of the Code of Ordinances of the 2 Packet Pg. 220 8.A.2.d County establishing the boundaries of the District is hereby amended so that references therein to Exhibit "A" shall mean Exhibit A attached to this Ordinance. : PART B. 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. PART C. 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. PART D. APPLICABILITY OF ORDINANCE. This Ordinance shall be applicable throughout St. Lucie County's jurisdiction. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and is hereby directed forthwith to send a certified copy of this Ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capital, Tallahassee, Florida, 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. After motion and second, the vote on this ordinance was as follows: Chairman Vice -Chairman Commissioner Commissioner Commissioner PASSED AND DULY ADOPTED this day of , 2014 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ATTEST: By: Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS County Attorney 3 Packet Pg. 221 8.A.2.d LEGAL DESCRIPTION THIS IS NOT A SURVEY DESCRIPTION: REVISED 09-03-2013 C.D.D. NO. 1 (TRADITION) A PARCEL OF LAND LYING IN SECTIONS 9 AND 10, TOWNSHIP 37 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA AND ALL OF SAID PARCEL OF LAND ALSO BEING A PORTION OF THE PLAT OF TRADITION PLAT NO. 17, RECORDED IN PLAT BOOK 43, PAGES 22, 22A THRU 22F, PUBLIC RECORDS OF SAID ST, LUCIE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE MOST WESTERLY SOUTHWEST CORNER OF SAID TRADITION PLAT NO. 17; THENCE NORTH 00°14'07" EAST AS A BASIS OF BEARINGS ALONG THE WEST LINE OF SAID TRADITION PLAT NO, 17, A DISTANCE OF 853.73 FEET TO A POINT OF INTERSECTION WITH THE SOUTHERLY RIGHT-OF-WAY LINE OF MEETING STREET (TRACT PR-1) AS SHOWN ON SAID PLAT; THENCE TRAVERSING SAID SOUTHERLY RIGHT-OF-WAY LINE BY THE FOLLOWING TWO (2) COURSES; 1 _ NORTH 45007'04" EAST, A DISTANCE OF 35.44 FEET; 2. SOUTH 90000'00" EAST, A DISTANCE OF 150.64 FEET TO THE NORTHWEST CORNER OF PARCEL -A - AS SHOWN ON SAID PLAT; THENCE TRAVERSING THE BOUNDARY OF SAID PARCEL "A" BY THE FOLLOWING THIRTEEN (13) COURSES; 1, SOUTH 0102744" EAST, A DISTANCE OF 28.90 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 220.00 FEET; 2. SOUTHERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 20.1 V09", AN ARC DISTANCE OF 77.51 FEET TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 180.00 FEET; 3. SOUTHEASTERLY, SOUTHERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 33°47'55", AN ARC DISTANCE OF 106.18 FEET TO A POINT OF TANGENCY WITH A LINE; 4. SOUTH 12009'03" WEST ALONG SAID LINE, A DISTANCE OF 75.28 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 210.00 FEET; 5. SOUTHWESTERLY, SOUTHERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 101 015'23", AN ARC DISTANCE OF 371.12 FEET TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 479.85 FEET; 6. SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 20°45`17", AN ARC DISTANCE OF 173.82 FEET TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 220.00 FEET; E I SEE SHEET 5 OF 5 FOR SKETCH Sheet 1 of 51 DESCRIPTION Of CDD-1 : File: 08-242—WA-05 ,CULPEPPER 6, TERPENING, INC Date: CONSULTING ENGINEERS I LAND SURYFYORS 298O 3C7U7N 25d. STREET. PORT PAlltCt; P1.OAMA 34961 9-03-2013 VROM;T7Z464-3i37-FA)C772-464-9497,o,,,..�-X, 1ST S\4 F1 %GLRR AVF.N[ IF.. STLIAAT, nA*)R1DA 34994 PHONR?72.2203376. PAX772-464-9497. Tech: 8KH ST4T --- '(-m'.""-K packet Pg. 222 8.A.2.d LEGAL DESCRIPTION 'THIS IS NOT A SURVEY c z •L 0 r a� E 7. SOUTHEASTERLY, EASTERLY AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A o CENTRAL ANGLE OF 92°09'00", AN ARC DISTANCE OF 353.83 FEET TO A POINT OF TANGENCY WITH A LINE; 8. NORTH 19'29'67" EAST ALONG SAID LINE, A DISTANCE OF 130.44 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 215.00 FEET; 9. NORTHEASTERLY, NORTHERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 62*11'57", AN ARC DISTANCE OF 233.40 FEET TO A POINT OF REVERSE E CURVATURE WITH A CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 183.77 FEET; 0 10, NORTHWESTERLY, NORTHERLY AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A = CENTRAL ANGLE OF 49"43'45", AN ARC DISTANCE OF 159.50 FEET TO A POINT OF COMPOUND CURVATURE WITH A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 20.00 FEET; 11. NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 51 °37'48", AN ARC DISTANCE OF 18.02 FEET TO A POINT OF COMPOUND CURVATURE WITH A CURVE CONCAVE o TO THE SOUTHEAST AND HAVING A RADIUS OF 195.00 FEET; 12. NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 13°17'30", AN = ARC DISTANCE OF 45,24 FEET TO A POINT OF RADIAL INTERSECTION WITH A LINE; 13. NORTH 18002'57" WEST ALONG SAID RADIAL LINE, A DISTANCE OF 20.00 FEET TO THE NORTHEAST v CORNER OF SAID PARCEL "A"; L THENCE CONTINUE NORTH 18002'57" WEST ALONG SAID LINE, A DISTANCE OF 60.00 FEET TO A POINT o OF RADIAL INTERSECTION WITH A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF m 275.00 FEET, SAID CURVE ALSO BEING THE NORTHERLY RIGHT-OF-WAY LINE OF SAID MEETING STREET; o 0. 0 THENCE TRAVERSING SAID NORTHERLY RIGHT-OF-WAY LINE BY THE FOLLOWING TWO (2) COURSES; a 1. NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 18°02'56", AN ARC DISTANCE OF 86.63 FEET TO A POINT OF TANGENCY WITH A LINE; O 2. NORTH 89"59'59" EAST ALONG SAID LINE, A DISTANCE OF 349.02 FEET TO A POINT OF CUSP WITH cfl A CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 4.00 FEET, SAID CURVE ALSO BEING THE SOUTHWESTERLY LINE OF PARCEL "I" AS SHOWN ON SAID PLAT; N 0 THENCE TRAVERSING THE BOUNDARY OF SAID PARCEL "I" BY THE FOLLOWING THREE (3) COURSES; w 1. NORTHWESTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE r OF 90°00'00", AN ARC DISTANCE OF 6.28 FEET TO A POINT OF TANGENCY WITH A LINE; L 2. NORTH 00000'00" EAST ALONG SAID LINE, A DISTANCE OF 231.96 FEET TO A POINT OF n CURVATURE WITH A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 4.00 FEET; 3. NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 90°00'00", AN ARC DISTANCE OF 6.28 FEET TO A POINT OF TANGENCY WITH A LINE, SAID LINE ALSO BEING THE SOUTH RIGHT-OF-WAY LINE OF STEPHANIE WAY AS SHOWN ON SAID PLAT; L O yr _ d SEE SHEET 5 OF 5 FOR SKETCH Sheet 2 of E 0 DESCRIP11ON File: 08-242-WA-05 CULPEPPER S. TERPENING, INC Q CONSULTING ENGINEERS � LAND SUR VeYO RS 2980 SOUTH 25th n'RMT • FDRTP ACR, PLORLDA 34981 OF Date: D D 9-03-2013 PHOVF773-4643537•FAX 7724d49S77•. st-cnX- 131 SW FlAGLLIRAVENUU • STUAIVr, R.OIUUA 34'Y)4 Tech: BKH PR NJR M-220-3376 • FAX 772-464-94 M"""""'"W"-'--' Packet Pg. 223 8.A.2.d LEGAL DESCRIPTION THIS IS NOT A SURVEY THENCE SOUTH 90°00'00" EAST, ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 346.42 FEET TO A POINT; THENCE SOUTH 00000'00" WEST, A DISTANCE OF 231.70 FEET TO A POINT; THENCE NORTH 56041'35" EAST, A DISTANCE OF 26.24 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 4.00 FEET; THENCE NORTHEASTERLY, EASTERLY AND SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 87050'52', AN ARC DISTANCE OF 6.13 FEET TO A POINT; THENCE SOUTH 35'27'33" EAST, A DISTANCE OF 193.68 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 4.00 FEET; THENCE SOUTHEASTERLY, SOUTHERLY, AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 90'00'02', AN ARC DISTANCE OF 6.28 FEET TO A POINT; THENCE SOUTH 54'32'27" WEST, A DISTANCE OF 300.45 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 15.00 FEET; THENCE SOUTHWESTERLY, SOUTHERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 83"01'03", AN ARC DISTANCE OF 21.73 FEET TO A POINT; THENCE SOUTH 28°28'36" EAST, A DISTANCE OF 41.86 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 150.00 FEET; THENCE SOUTHEASTERLY, SOUTHERLY, AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 56°3341", AN ARC DISTANCE OF 148.08 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 50.00 FEET; THENCE SOUTHWESTERLY, SOUTHERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 63-32-38", AN ARC DISTANCE OF 55.45 FEET TO A POINT; THENCE SOUTH 35°27'33" EAST, A DISTANCE OF 228.96 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 50.00 FEET; THENCE SOUTHEASTERLY, EASTERLY AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 85°46'12", AN ARC DISTANCE OF 74.85 FEET TO A POINT; THENCE NORTH 58-46'15" EAST, A DISTANCE OF 104.45 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 155.00 FEET; THENCE NORTHEASTERLY, EASTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 79-45,38", AN ARC DISTANCE OF 215.77 FEET TO A POINT; THENCE SOUTH 41°02'18" EAST, A DISTANCE OF 178.44 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 781.00 FEET, SAID POINT LYING ON THE EASTERLY LINE OF SAID TRADITION PLAT NUMBER 17; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 25°50'02", AN ARC DISTANCE OF 352.14 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 25.00 FEET, SAID CURVE BEING THE EASTERLY LINE OF SAID TRADITION PLAT NUMBER 17; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 89`38'04", AN ARC DISTANCE OF 39.11 FEET TO A POINT OF CUSP WITH A LINE, SAID LINE ALSO BEING THE NORTH RIGHT-OF-WAY LINE OF TRADITION PARKWAY (TRACT R-3) AS SHOWN ON THE PLAT OF TRADITION PLAT NUMBER 6, AS RECORDED IN PLAT BOOK 42, PAGES 5, 5A THROUGH 5F, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; ' I SEE SHEET 5 OF 5 FOR SKETCH Sheet 3 of 5 DESCRIPTION OF CDD-1 File: CULPEPPER & TERPtNING, INC 08-242—WA-05 Date: CONSULTING ENGINEERS I LAND SURVEYORS rj 2%V SOU7'It 23,h S RIZM' • FORT PIERCE, FLORIDA 34981 9-03-2013 PIIONE 772-464-3337 . PAX 772,46+9497. IS1 SW 14.AGLER AYL'h1UL+ • S7L`.1R]', PLLllUDA 34994 PI ZONE 772-220-3376 • FAX 772-41+94 a Tech: BKH I STA'irOMfMNArLMMMtj Packet Pg. 224 8.A.2.d LEGAL DESCRIPTION THIS IS NOT A SURVEY THENCE TRAVERSING THE BOUNDARY OF SAID TRADITION PLAT NUMBER 6 BY THE FOLLOWING FIVE (5) COURSES: 1. NORTH 89057'05" EAST ALONG SAID LINE, A DISTANCE OF 737.23 FEET; 2. SOUTH 00°01'45" WEST, A DISTANCE OF 200.00 FEET; 3. SOUTH 89"57'05" WEST, A DISTANCE OF 2428.14 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 175.00 FEET; 4. SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 54"37'24", AN ARC DISTANCE OF 166.84 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 300.00 FEET; 5. SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 19*14'49", AN ARC DISTANCE OF 100.78 FEET TO A POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 175.00 FEET; THENCE SOUTHWESTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE DEPARTING SAID BOUNDARY, THROUGH A CENTRAL ANGLE OF 54°37'25", AN ARC DISTANCE OF 166.84 FEET TO A POINT OF TANGENCY WITH A LINE; THENCE SOUTH 00°02'55" EAST, ALONG SAID LINE, A DISTANCE OF 12.70 FEET; THENCE SOUTH 89°57'05" WEST, A DISTANCE OF 175.00 FEET; THENCE NORTH 00°02'55" WEST, A DISTANCE OF 109.52 FEET TO A POINT OF NON -RADIAL INTERSECTION WITH A CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF 300.00 FEET (THE RADIUS POINT OF WHICH BEARS NORTH 14°25'44" EAST FROM THIS POINT), SAID CURVE ALSO BEING THE WESTERLY LINE OF SAID TRADITION PLAT NUMBER 6; THENCE NORTHWESTERLY, NORTHERLY AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND SAID WESTERLY LINE, THROUGH A CENTRAL ANGLE OF 154"16'10", AN ARC DISTANCE OF 807.75 FEET TO THE SOUTHWEST CORNER OF COMMUNITY BOULEVARD (TRACT R-2) AS SHOWN ON SAID TRADITION PLAT NUMBER 6; THENCE CONTINUE EASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 300-00 FEET, NOW CONCAVE TO THE SOUTH, THROUGH A CENTRAL ANGLE OF 23"04-26", AN ARC DISTANCE OF 120.81 FEET TO THE POINT OF BEGINNING. TOGETHER WITH ALL OF PARCEL "A" AS SHOWN ON THE PLAT OF TRADITION PLAT NO. 17, RECORDED IN PLAT BOOK 43, PAGES 22, 22A - 22F, PUBLIC RECORDS OF SAINT LUCIE COUNTY, FLORIDA. CONTAINING 67,871 ACRES OF LAND, MORE OR LESS, SEE SHEET 5 OF 5 FOR SKETCH Sheet 4 of 5 DESCRIP110N OF CDD--1 File: 08— 242— WA-05 CULPEPPER & TERPENING, INC Date: CONSULTING ENGINEERS I LAND SURVEYORS 29bV SOL—M 25,h STAEUI* • POA1' PIERCE, FLCIRlDA 3498I 9-03-2013 P1IONL' 772-464.3337 • PAX 711-464.9497 • ---g,— tst Stt Pt kGJ.L*R AVL+I,'UI: • STU..IAT, F7.ORIDA 34994 PF101R772-22t1.3376. PAX777.4/49497 Tech: BKH SY.S7ChF!YU*MAF.LRIIFNA7""1 Packet Pg. 225 8.A.2.d 14 SCALE: 1" = 450' R=593.00' N90'00'00"E A=18'02.57" 261.04' L=186.81'� S01'27'44"E I 28.90' S90'00'00, . 150.64' IL N45'07'04"E R=180. DO A--33^47' R=300. L4 SKETCH TO ACCOMPANY LEGAL DESCRIPTION THIS IS NOT A SURVEY R= 4.00' TRADITION PLAT NO, 2 A=90'00'00" TRADITION PLAT 110, 13 P.B. 42 PGS, 3, 3A-30 L=6.28' P.B. 43, PGS. 20 & 20A Paaoi _ HANIE AY �-, N71'57'03"E 231.52' 91 11-R=4.00'-N4. , _. 5-- .---r_ --- --- A=9o`oo'00" I N00'000 'E R R=2O.0 Q f 7'5 87'50'52" 1, A=51`3T48" L=6.28' 231.96 �\L 1 �. L2 I 5.13 v�r-I Ivy[ L=tt18.02' PARCEL I Iz' 26.24�t \?A"-. R=4.00' M-90'00'02"Tr- R=220.00' 20.00' A=20-11'09` R=183.77 R= 195.00' L=21.733 rl\`� L=77.51 a 4943d5 A=13'17'30" <<p L=159.50' L=45.24' 1 I�S12'09'03"`•V 75.28' j PARCEL A R-215.00' f 11 MMITION PLAT NO. 17 76-62'11'57" ++ 3.573 AC. R=479.85' l L=233.40' A=-20'45'17" 173.82' i N19'29'57"E W.u.T.-AI2 R=21U.00'' _ 130.44' CDD-1 <� A=101.15'23" R-220.00' 67.871 ACRES +�- z L=371.12' A=92'09'00' TRADITION R=300.00' L-353.83' PLAT NO- 17 P.8. 43 ,-A=23-04'26" P, Q, g, PGS 22, 22A-22F L=120.81 MOST WESTERLY SOUTHWEST CORNER OF TRADITION PLAT NO. 17 �i ,Yr---_P8. 43, PGS. 22, 22A-722F---. - - fR=150r.'00' A=56'33' 41 " L=148.08' -A=63'32.38" L=55.45' PARCEL B PLUM-Co- o.s.r.-I TRADITION PARKWAY SECTION LINE SECTION 9 TRACT R-3 TRADITION PLAT NO. 6 SECTION 16 P.B. 42 PGS. 5, SA -SF R=175.00' S89'57'05"W SECTION 1 54'37'24" uNPUTTl= L=166.84' �• BLE C G R=30000 C1 7 8s.63 �19"14'49" 153 79 8 s L=100.78' L3 R=175.00' 6=54'37'25" UNPLATRD L=166.84' I B UNEI DIRECTION DIS ANCE NB 19 6S E 349,04 swly 555 E o .��' ■si•1.[Q1Y1B1HSbY17i (L��� LSkYYiYl'1�'d1i ■ /4.sr4:16::y:Isie= RK" i7! t �li'� I:?r � wwrlUm F- PNK47. r-I I PMCR rA== P NO. 6 P.B. 42 s. 5, 5A-5f .00' 4'43" .34' L NI'"T" R-25.00,737.1 2428.14' S0001'45`W, N LEGEND: 200.00' e RADIUS ANGLE L LENGTH COD = COMMUNITY DEVELOPMENT DISTRICT O.S.T. s OPEN SPACE TRACT P.B. = PLAT BODK PGS. - PAGES P.O.B. - POINT OF BEGINNING P.D.C. - POINT OF COMMENCEMENT N.R. - NON RADIAL RAD. = RADIAL W.M.T. = WATER MANAGEMENT TRACT f I SEE SHEETS 1 THROUGH 4 OF 5 FOR DESCRIPTION Sheet 5 of 51 SKETCH OF DESCRIPTION 08-242-WA-05 OF Dote: CDD-1 9-03-2013 Tech: 8KH : t2 L 4� _N N t,1 C c L O i t c� CULPEPPER & TERPENING, INC Q CONSULTING ENGINEERS t LAND SURVEYORS 29KO SOU7*H 25m S'YRBLR . FORrPTERM FLDRiDA 34991 PNUNU 772.464-35S7 • FAX 772-4 W-9497 . u mrc..n y.�nm 151 SW FLACLFILAVIIN :6 • S'IUWI', FLORIDA 34994 or PHONL. 772-220.3375 • FAX 772-464-9497 MITE OF FUV=1c2R17Acp]o.W Packet Pg. 226 91 8.A.2.e CITY OF PORT ST. LUCIE, FLORIDA RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ST. LUCIE, FLORIDA, APPROVING THE PROPOSED AMENDMENT BY ST. LUCIE COUNTY, FLORIDA, TO THE COUNTY ORDINANCE, AS AMENDED, ESTABLISHING TRADITION COMMUNITY DEVELOPMENT DISTRICT NO. 1 TO PROVIDE FOR THE EXPANSION OF THE BOUNDARIES OF SUCH DISTRICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ST. LUCIE, FLORIDA: SECTION 1. AUTHORITY FOR THIS RESOLUTION. The City of Port St. Lucie, Florida ("City") is authorized to adopt this resolution under the authority granted by the provisions of Chapter 166, Florida Statutes, as amended, and other applicable provisions of law. SECTION 2. FINDINGS. It is hereby found and determined that: A. St. Lucie County, Florida ("County") has established Tradition Community Development District No. 1 (formerly Westchester Community Development District No. 1) ("CDD No. I") and Tradition Community Development District No. 3 (formerly Westchester Community Development District No. 3) ("CDD No. 3") pursuant to the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes, as amended ("Act"), and other applicable law. Subsequent to the establishment of CDD No. 1 and CDD No. 3, all of the property within the boundaries of the CDD No. 1 and CDD No. 3 was annexed into the City. B. CDD No. l and CDD No. 3 have determined to reconfigure their respective boundaries and have each submitted petitions (each, a "Petition") to the County seeking an amendment to their respective boundaries. The Petition submitted by CDD No. I seeks to include within the boundaries of CDD No. 1 approximately 8.573 acres that are currently included in the boundaries of CDD No. 3. The Petition submitted by CDD No. 3 seeks to exclude such acreage from within its boundaries. Attached as an exhibit to this Resolution is a map and description of the acreage to be included in the boundaries of CDD No. 1 and excluded from within the boundaries of CDD No. 3. C. Section 190.046(l)(b) of the Act provides that, for community development districts initially established by county ordinance, a petition for ordinance amendment seeking boundary changes shall be filed with the county commission. Section 190.046(1)(b) further provides that if the land to be included or excluded is, in whole or in part, within the boundaries of a municipality, then the county commission shall not amend the ordinance without municipal approval. Accordingly, CDD No. 1 has requested that the City approve the amendment to the County ordinance, as amended, establishing CDD No. 1 ("County Ordinance") to accomplish the Packet Pg. 227 8.A.2.e amendment to the boundaries of CDD No. 1 as described in this Resolution, and the City desires to grant such approval and consent. c SECTION 3. APPROVAL AND CONSENT. The City hereby approves the amendment by the County of the County Ordinance to amend the boundaries of CDD No. 1 as described in this Resolution. The appropriate representatives of the City are hereby authorized and directed to submit this Resolution to the County to evidence such approval and consent. SECTION 4. SEVERABILITY AND INVALID PROVISIONS. If any one or more of the covenants, agreements, or provisions contained in this Resolution shall be held contrary to any express provision of law or contrary to the policy of express law, but not expressly prohibited or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements, or provisions shall be null and void and shall be deemed separable from the remaining covenants, agreements, or provisions and shall in no way effect the validity of the other provisions of this Resolution. SECTION 5. RESOLUTION EFFECTIVE. This resolution shall take effect immediately upon adoption. PASSED AND DULY ADOPTED this day of , 2013 ATTEST: CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form: CITY ATTORNEY CITY OF PORT ST. LUCIE, FLORIDA MAYOR ` Packet Pg. 228 8.A.2.e EXHIBIT MAP AND DESCRIPTION OF PROPERTY TO BE INCLUDED WITHIN CDD NO. 1 AND EXCLUDED FROM CDD NO.3 r Packet Pg. 229 8.A.2.e OST-3 (LEFT) Meeting Street Lakeview LEGEND Site I.D. Number Site Boundary •� Utility Service 0- 1 NOTE: Utility Locations Shown On This Illustration Are General. Refer To The Appropriate "As -Built" For More Detail. Utility Easements Not Shown. Refer To Appropriate Plat. NI KEY MAP a B. P. B-1 j Packet Pg. 230 8.A.2.e PARCEL DESCRIPTION (Property to Move from Tradition Community Development District No. 3 to Tradition Community Development District No. 1) All of Parcel "A," as shown on the plat of Tradition Plat No. 17, recorded in Plat Book 43, Pages 22 and 22A through 22F, of the Public Records of St. Lucie County, Florida. Containing 8.573 acres of land, more or less. Tax Identification No.: 4309-803-0008-000-1 Owner: Tradition Land Company, LLC, an Iowa limited liability company authorized to transact business in the State of Florida Packet Pg. 231 8.A.3 ITEM NO. ORD-2014-7 COUNTY �. F L Q R I D A - TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: DATE: 02/04/2014 AGENDA REQUEST *PUBLIC HEARINGS Board of County Commissioners Daniel S. McIntyre, County Attorney County Attorney Ordinance 2014-7 - Proposed Boundary Changes for Tradition Community Development District No. 3 The Board of Supervisors of Tradition Community Development District Numbers 1 and 3 have determined to reconfigure the boundaries of those districts by excluding approximately 8.573 acres of land from the boundaries of District No. 3 and including that acreage within the boundaries of District No. 1. Since the Districts were initially established by County ordinance, the Districts must petition the County to amend the County ordinances to accomplish the boundary changes. Attached is a copy of a letter dated November 4, 2013 with enclosures from Henry H. Fishkind, Ph.D. The letter includes copies of draft County ordinances which, if adopted, would accomplish the proposed boundary changes. PREVIOUS ACTION: On December 3, 2013 the Board of County Commissioners granted permission to advertise the draft ordinance. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt the proposed Ordinance. COMMISSION ACTION: RESULT: ADOPTED [UNANIMOUS] MOVER: Kim Johnson, District No. 5 SECONDER: Paula A. Lewis, District No. 3 Vice -Chair AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson Packet Pg. 232 8.A.3 Coordination/Signatures anie S. McIntyre, C my ttorney 1/16/2014 ob entkofsky, Depu y C my Administrato, 'ij /2014 Updated: 1/27/2014 8:23 AM by Shane A. De Witt Page 2 Packet Pg. 233 8.A.3.a TRADITION COMMUNITY DEVELOPMENT DISTRICT 10807 SW TRADITION SQUARE PORT ST. LUCIE, FL 34987 PHONE (772) 345-5101 FAX (772) 345-5104 VIA HAND DELIVERY November 4, 2013 Mr. Mark Satterlee, AICP Director, Planning & Development Services Department St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982-5652 Re: Proposed Boundary Changes for Tradition Community Development District No. 1 and Tradition Community Development District No. 3 Dear Mr. Satterlee: The Boards of Supervisors of Tradition Community Development District Nos. 1 and 3 have determined to reconfigure the boundaries of those districts by excluding approximately 8.573 acres of land from the boundaries of District No. 3 and including that acreage within the boundaries of District No. 1. As you know, each of District Nos. 1 and 3 were initially established by ordinance of St. Lucie County and, accordingly, the Districts must petition the County to amend their establishing ordinances in order to effectuate the boundary changes. Section 190.046(1)(b), Florida Statutes, provides that the City of Port St. Lucie must also consent to the boundary changes because all of the land within the Districts is now wholly located within the municipal limits of the City. Accordingly, as District Manager for both District No. 1 and District No. 3, 1 am requesting the County's approval of the requested boundary changes. In support of these requests, enclosed please find the following: • The original executed petitions seeking the boundary changes, including as Exhibit E to each petition a copy of the resolution adopted by the respective District Board of Supervisors authorizing the boundary change, submission of the petition to the County, and submission of to the City of a request for approval. • Proposed forms of County ordinances approving the requested boundary changes (one respecting District No. 1's request for expansion, and the other respecting District No. 3's corresponding request for contraction). • Proposed forms of City resolutions approving the requested boundary changes (again, one respecting District No. I's request for expansion, and the other respecting District No. 3's corresponding request for contraction). M Packet Pg. 234 8.A.3.a Mr. Mark Satterlee, AICP November 4, 2013 Page 2 • Two checks in the amount of $1,500 each in payment of the boundary change review fee provided in Section 190.046(1)(d)2, Florida Statutes (again. one respecting District No. 1's request for expansion, and the other respecting District No. 3's corresponding request for contraction). As provided in Section 190.046(1)(b), Florida Statutes, the County ordinances may be adopted in the same manner as other County ordinances, without any special additional notice requirement. The Districts are submitting requests to the City seeking its approval at the same time that they have submitted these petitions to the County. The Districts will work with the City to determine the date on which the City resolutions will be placed on the City Council agenda for consideration so that the County and the Districts may determine the earliest practicable date that the County Commission may consider enactment of the proposed ordinances. In the interim, the Districts respectfully request that the County review the petitions so that they may proceed with this matter as expeditiously as possible. If you have any question concerning the petitions, please do not hesitate to contact Dan Harrell, counsel to the Districts, at (772) 464-1032 Ext. 1010. Thank you for your assistance and attention to this matter. Respectfully submitted, Digitally signed by Henry H. Fishkind. Ph.D. Henry H. Fishkind. Ph.D, DN:cn=HenryH.Fishkind. Ph.D.,o=Fishkind& Associates, Inc., ou, email=hankWishkind.com, c=US Date: 2013.10.30 11:35:29 -04'00' Henry H. Fishkind, Ph.D. District Manager Enclosures Cc: Ms. Faye W. Outlaw, MPA Mr. Daniel S. McIntyre, Esquire Daniel B. Harrell M Packet Pg. 235 8.A.3.b TRADITION COMMUNITY DEVELOPMENT DISTRICT 10807 SW TRADITION SQUARE PORT ST. LUCIE, FL 34987 Z PHONE (772) 345-5101 FAX (772) 345-5104 VIA HAND DELIVERY November 4, 2013 Mr. Daniel Holbrook Planning Director City of Port St. Lucie 121 S.W. Port St. Lucie Blvd. Port St. Lucie, FL 34984 Re: Proposed Boundary Changes for Tradition Community Development District No. I and Tradition Community Development District No. 3 Dear Mr. Holbrook: The Boards of Supervisors of Tradition Community Development District Nos. I and 3 have determined to reconfigure the boundaries of those districts by excluding approximately 8.573 acres of land from the boundaries of District No. 3 and including that acreage within the boundaries of District No. 1. As you know, each of District Nos. 1 and 3 were initially established by ordinance of St. Lucie County and, accordingly, the Districts must petition the County to amend their establishing ordinances in order to effectuate the boundary changes. Section 190.046(1)(b), Florida Statutes, provides that the City of Port St. Lucie must consent to the boundary changes because all of the land within the Districts is now wholly located within the municipal limits of the City. Accordingly, as District Manager for both District No. 1 and District No. 3, I am requesting the City's approval of the requested boundary changes. In support of these requests, enclosed please find the following: • Copies of the District's petitions to the County seeking the boundary changes, including as Exhibit E to each petition a copy of the resolution adopted by the respective District Board of Supervisors authorizing the boundary change, submission of the petition to the County, and submission of this request to the City. • Proposed forms of City Council resolutions approving the requested boundary changes (one respecting District No. 1's request for expansion, and the other respecting District No. 3's corresponding request for contraction). Proposed forms of County ordinances approving the requested boundary changes (again, one respecting District No. 1's request for expansion, and the other respecting District No. 3's corresponding request for contraction). Packet Pg. 236 8.A.3.b Mr. Daniel Holbrook November 4, 2013 Page 2 • Two checks in the amount of $1,500 each in payment of the boundary change review fee provided in Section 190.046(1)(d)2, Florida Statutes (again, one respecting District No. 1's request for expansion, and the other respecting District No. 3's corresponding request for contraction). On behalf of the Districts, I respectfully request that the City consider these requests for approval, and place consideration of adoption of the memorializing resolutions on a City Council agenda, at the earliest practicable date. The County will need the City's approval in order to proceed with the petitions. The Districts are submitting the petitions to the County at the same time that they have submitted these requests to the City. The Districts will work with the County to coordinate a date for its consideration of the petitions once City staff advises the date that the City Council will consider the City resolutions. If you have any question concerning these requests for approval, please do not hesitate to contact Dan Harrell, counsel to the Districts, at (772) 464-1032 Ext. 1010. Thank you for your assistance and attention to this matter. Respectfully submitted, Henry H. Fishkind. Digitally signed by Henry H. Fishkind. Ph.D. DN: cn=Henry H. Fishkind. Ph.D., o=Fishkind & Associates, Inc., ou, email=hankf�shkind.com, c=US Ph.D. Date: 2013.10.30 11:36:20-04'00' Henry H. Fishkind, Ph.D. District Manager Enclosures Cc: Mr. Jeffrey Bremer Mr. Roger G. Orr, Esquire Daniel B. Harrell M Packet Pg. 237 8.A.3.c BEFORE THE BOARD OF COUNTY COMMISSIONERS ST. LUCIE, FLORIDA IN RE: PETITION PURSUANT TO SECTION 190.046(1), FLORIDA STATUTES, TO CONTRACT THE BOUNDARIES OF TRADITION COMMUNITY DEVELOPMENT DISTRICT NO.3 PETITION TO CONTRACT THE BOUNDARIES OF TRADITION COMMUNITY DEVELOPMENT DISTRICT NO.3 The Board of Supervisors ("Board") of Tradition Community Development District No. 3 (formerly known as Westchester Community Development District No. 3) ("District" or "CDD No. 3"), an independent special district and community development district established pursuant to the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes, as amended ("Act"), and other applicable law by Ordinance No. 01-012 enacted by St. Lucie County, Florida ("County") on August 21, 2001, as amended by Ordinance No. 02-012 enacted by the County on March 26, 2002, and Ordinance No. 06-035 enacted by the County on August 15, 2006 (collectively, the "Ordinance"), hereby petitions the Board of County Commissioners of the County ("Commission") in accordance with Section 190.046(1) of the Act to contract the boundaries of the District. In support of this Petition, the Board attests as follows: Background 1. Approximately 569.202 acres are currently within the external boundaries of the District. Subsequent to the initial establishment of the District, all of the property within the external boundaries of the District was annexed into the boundaries of the City of Port St. Lucie, Florida ("City"). Requested Contraction of the District's Boundaries 2. The Board desires to contract the boundaries of the District by excluding approximately 8.573 acres ("Excluded Property") from its boundaries, so that thereafter the land area to be served by the District will comprise approximately 560.629 acres. Following such contraction of the District's boundaries, all lands in the District will continue to be located wholly within the jurisdictional boundaries of the City. The Excluded Property is intended to be included within the boundaries of Tradition Community Development District No. 1 ("CDD No. 1") and is depicted and described on Exhibit A-1 to this Petition. Request for City Approval 3. As required by Section 190.046(1)(b) of the Act, contemporaneously with filing this Petition with the County, the Board is also requesting that the City approve the proposed contraction of the boundaries of the District. Packet Pg. 238 8.A.3.c Corresponding Expansion of CDD No. 1: Assignment and Assumption 4. The boundaries of the District are to be amended by excluding the Excluded Property from the District. Contemporaneously with the submission of this Petition, CDD No. 1 is submitting to the County a petition seeking the corresponding expansion of the boundaries of CDD No. 1 to include the property requested to be excluded from the District, as described in paragraph 2 above. Prior to the submission of this Petition, the District has assigned to CDD No. l its right to collect the non -ad valorem special assessments levied by the District on the Excluded Property ("Assessments") in connection with special assessment bonds previously issued by CDD No. 1 ("Bonds"), and CDD No. 1 has assumed the obligation of the District to remit such Assessments to the trustee for the Bonds. Such assignment and assumption will become effective upon the amendment of the boundaries of the District and CDD No. 1 as requested in this Petition. Information Required for Petition to Contract District Boundaries 5. Consistent with the limitations set forth in Section 190.046(i)(e)2 of the Act, the acreage subject to the petitions previously submitted to the County seeking amendment of the boundaries of the District, together with the acreage comprising the Excluded Property, does not exceed a cumulative net total greater than 50 percent of the acres initially located within the boundaries of the District and does not exceed 500 acres. 6. As required by Sections 190.005(1)(a) l and l 90.046(1)(a) of the Act, annexed as Exhibit A-2 is a metes and bounds description of the external boundaries of the District following the proposed contraction of the District's boundaries. No real property within the modified external boundaries of the District as proposed in this Petition will be excluded from the District. 7. As required by Sections l 90.005 (1)(a)2 and 190.041(1)(g) of the Act, annexed as Exhibit B is the written consent of the owner of 100 percent of the Excluded Property to the modification of the boundaries of the District as requested in this Petition. 8. As required by Section 190.046(1)(a) of the Act, public infrastructure facilities and services are currently provided to the Excluded Property by CDD No. 1 pursuant to an interlocal agreement among the District, CDD No. 1, and the other Tradition Community Development Districts. Following the proposed contraction, these facilities and services will continue to be provided to the Excluded Property by CDD No. 1 in accordance with such agreement. See Amended and Restated Interlocal Agreement dated as of April 8, 2008, recorded at Official Records Book 2983, Pages 1074-1124, of the Public Records of St. Lucie County, Florida. 9. As required by Section 190.046(1)(a) of the Act, annexed as Exhibit C is a designation of the future general distribution, location, and extent of public and private uses of land proposed by the future land use plan element of the effective local government comprehensive plan for the Excluded Property. 2 Packet Pg. 239 8.A.3.c 10. As required by Sections 190.005(1)(a)8 and 190.046(1)(a) of the Act, annexed as Exhibit D is a statement of estimated regulatory costs in accordance with the requirements of Section 120.541, Florida Statutes. 11. Annexed as Exhibit E is a resolution of the Board authorizing (i) contraction of the District boundaries as requested in this Petition, (ii) submission to the Commission of this Petition for contraction, and (iii) submission to the City of a request for approval of this Petition. 12. Consistent with the requirements set forth in Section 190.005(1)(e)2-6 of the Act, following the proposed amendment of the District's boundaries (i) the District will not be inconsistent with any applicable element or portion of the State of Florida's comprehensive plan or of the City's comprehensive plan; (ii) the property comprising the District will be of sufficient size, compactness, and contiguity to be developable as one functional interrelated community; (iii) the District is the best alternative available for delivering the community development facilities and services to the property that will be served by the District; (iv) the community development facilities and services of the District will not be incompatible with the capacity and uses of existing local and regional community development services and facilities; and (v) the area that will be served by the District is amenable to separate special-purpose government. 13. Consistent with the requirement set forth in Section 190.005(1)(e)1 of the Act, the Board certifies that all statements contained within this Petition are true and correct. WHEREFORE, the Board of Supervisors of Tradition Community Development District No. 3 hereby respectfully requests that the Commission: A. As soon as practicable after receiving notification of City approval for the proposed boundary change, direct County staff to notice a public hearing, in the same manner as the Commission notices other proposed County ordinance amendments, to consider whether to grant the petition for the contraction of the District's boundaries and to amend the Ordinance establishing the District to reflect the new boundaries of the District. B. Following the public hearing, grant the petition and enact an ordinance pursuant to applicable law amending the Ordinance establishing the District to reflect the new boundaries of the District. 3 Packet Pg. 240 8.A.3.c RESPECTFULLY SUBMITTED this3o day of P. , 2013. TRADITION COMMUNITY DEVELOPMENT DISTRICT NO. 3 By: �4"v Print Name: / ,R ,, 91 r- J A 1 eg Title: C q 1q, o /h fq n1 STATE OF FLORIDA COUNTY OF �;T Lu G1 E I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by Isp.ip,0 S(�4vy acthe U 19MAr! of the Board of Supervisors of Tradition Community Development District No. 3. He/she b is personally known to me or ❑ has produced as identification. WITNESS my hand and official seal in the County and State last aforesaid this 3Tq 0 day of CY-[DO6 E , 2013. [Notary Seal] AWaA _.` EM My COMMISSION 349 EXPIRES: February 27, 2014 ;t aw,aee rn,,, Wary Pubk UW&WeTS Notary Public— tate of Florida Typed, printed, or stamped name of Notary Public My Commission Expires: r)•�11.14- M Packet Pg. 241 8.A.3.c EXHIBIT A-1 z° 'i DEPICTION AND DESCRIPTION OF EXCLUDED PROPERTY n 0 w c a� E a O m a� 0 .E E E O U c O :a c� H L O d tm C t U Q R c O 00 v m O Q O L- a Q A-1 Packet Pg. 242 8.A.3.c Tradition Land Company, LLC 10489 SW Meeting Street Port St. Lucie, FL 34987 (Office) 772-340-3500 ♦ (Fax) 772-340-3718 &'a Parcel B-1 Fact Sheet 1� Location Tradition Plat Number Tradition Plat 17, Parcel A LAND SIZE 8.573Acres Reference Number B-1 Current Zoning PUD Packet Pg. 243 8.A.3.c Lakeview LEGEND Site I.D. Number Site Boundary Utility Service C*--j NOTE: Utility Locations Shown On This Illustration Are General. Refer To The Appropriate "As -Built" For More Detail. Utility Easements Not Shown. Refer To Appropriate Plat. B B-1 B.P. B-1 I Packet Pg. 244 8.A.3.c PARCEL DESCRIPTION (Property to Move from Tradition Community Development District No. 3 to Tradition Community Development District No. 1) All of Parcel "A," as shown on the plat of Tradition Plat No. 17, recorded in Plat Book 43, Pages 22 and 22A through 22F, of the Public Records of St. Lucie County, Florida. Containing 8.573 acres of land, more or less. Tax Identification No.: 4309-803-0008-000-1 Owner: Tradition Land Company, LLC, an Iowa limited liability company authorized to transact business in the State of Florida Packet Pg. 245 8.A.3.c EXHIBIT A-2 z° 'i LEGAL DESCRIPTION/METES AND BOUNDS DESCRIPTION n OF EXTERNAL BOUNDARIES OF TRADITION COMMUNITY w DEVELOPMENT DISTRICT NO.3 FOLLOWING CONTRACTION a O m a� 0 E E O U c O :a c� H L O d tm C t U Q R c O 00 v m O Q O L- a a A-2 Packet Pg. 246 8.A.3.c LEGAL DESCRIPTION THIS IS NOT A SURVEY DESCRIPTION: REVISED 09-03-2013 C.D.D. NO. 3 (TRADITION) A PARCEL OF LAND LYING IN SECTIONS 8, 9, 10, 16 AND 17, TOWNSHIP 37 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA AND ALSO BEING ALL OF TRADITION PLAT NO. 2, RECORDED IN PLAT BOOK 42, PAGES 3, 3A THRU 3D, TRADITION PLAT NO. 3, RECORDED IN PLAT BOOK 43, PAGES 4, 4A AND 4B, TRADITION PLAT NO. 4, RECORDED IN PLAT BOOK 43, PAGES 5 AND 5A, TRADITION PLAT NO. 5, RECORDED IN PLAT BOOK 42, PAGES 4, 4A THRU 41. TRADITION PLAT NO. 8, RECORDED IN PLAT BOOK 44, PAGES 25 AND 26, TRADITION PLAT NO. 11, RECORDED IN PLAT BOOK 45, PAGES 22 AND 23, TRADITION PLAT NO. 13, RECORDED IN PLAT BOOK 43, PAGES 20 AND 20A, TRADITION PLAT NO. 16, RECORDED IN PLAT BOOK 44, PAGES 12, 12A 11-IRU 12J AND TRADITION PLAT NO. 21, RECORDED IN PLAT BOOK 44, PAGES 27 THRU 29 AND PORTIONS OF TRADITION PLAT NO. 6, RECORDED IN PLAT BOOK 42, PAGES 5, 5A THRU 5F, TRADITION PLAT NO. 9, RECORDED IN PLAT BOOK 44, PAGES 2, 2A AND 29, TRADITION PLAT NO. 12, RECORDED IN PLAT BOOK 44, PAGES 3, 3A THTU 3D AND TRADITION PLAT NO. 17, RECORDED IN PLAT BOOK 43, PAGES 22, 22A THRU 22F, ALL RECORDED IN THE PUBLIC RECORDS OF SAID ST. LUCIE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF COMMUNITY BOULEVARD (TRACT R-3) AS SHOWN ON SAID TRADITION PLAT NO. 6; THENCE SOUTH DD'14'07" WEST AS A BASIS OF BEARINGS ALONG THE EAST RIGHT—OF—WAY LINE OF SAID COMMUNITY BOULEVARD, A DISTANCE OF B33.93 FEET TO A POINT OF NON RADIAL INTERSECTION WITH A CURVE CONCAVE TO THE SOUTH AND HAVING A RADIUS OF 300.00 FEET (THE RADIUS POINT OF SAID CURVE BEARS SOUTH 11'46'20" WEST FROM THIS POINT); THENCE WESTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE DEPARTING SAID EAST RIGHT—OF—WAY LINE, THRU A CENTRAL ANGLE OF 23'04'25", AN ARC DISTANCE OF 120.81 FEET TO A POINT OF . INTERSECTION WITH THE WEST RIGHT—OF—WAY LINE OF SAID COMMUNITY BOULEVARD, SAID POINT ALSO BEING THE WESTERLY LINE OF SAID TRADITION PLAT NO. 6; THENCE CONTINUE SOUTHWESTERLY, SOUTHERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE NOW CONCAVE TO THE SOUTHEAST AND SAID WESTERLY LINE, THRU A CENTRAL ANGLE OF 95'13'05", AN ARC DISTANCE OF 514.27 FEET TO A POINT OF NON RADIAL INTERSECTION WITH A LINE (THE RADIUS POINT OF SAID CURVE BEARS NORTH 70'26'48" EAST FROM THIS POINT), SAID POINT ALSO BEING THE SOUTHEAST CORNER OF SAID TRADITION PLAT NO. 11; THENCE SOUTH 89'57'05" WEST ALONG SAID NON RADIAL LINE AND SOUTH LINE OF SAID TRADITION PLAT NO. 11, DEPARTING SAID WESTERLY LINE, A DISTANCE OF 1328.92 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 1650.00 FEET, THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE AND SAID SOUTH LINE, THRU A CENTRAL ANGLE OF 11'23'46". AN ARC DISTANCE OF 337.79 FEET TO THE SOUTHWEST CORNER OF SAID TRADITION PLAT NO. 11; THENCE CONTINUE ALONG THE ARC OF SAID CURVE DEPARTING SAID SOUTH LINE, THRU A CENTRAL ANGLE OF 00'22'19", AN ARC DISTANCE OF 10.79 FEET TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 1500.00 FEET; THENCE NORTHWESTERLY AND WESTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 12'06'05 AN ARC DISTANCE OF 316.82 FEET TO A POINT OF TANGENCY WITH A LINE; THENCE SOUTH 89'57'05" WEST ALONG SAID LINE, A DISTANCE OF 2094.54 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 1530.00 FEET; THENCE WESTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 17'00'06", AN ARC DISTANCE OF 454.00 FEET TO A POINT OF NON RADIAL INTERSECTION WITH A LINE (THE RADIUS POINT OF SAID CURVE BEARS SOUTH 17'03'01" EAST FROM THIS POINT); THENCE NORTH 00'06'55" EAST ALONG SAID NON RADIAL LINE, A DISTANCE OF 196.87 FEET TO THE SOUTHWEST CORNER OF SAID TRADITION PLAT NO. 16; THENCE TRAVERSING THE BOUNDARY OF SAID TRADITION PLAT NO. 16 BY THE FOLLOWING ELEVEN (11) COURSES; 1. CONTINUE NORTH 00'06'55" EAST, A DISTANCE OF 2489.94 FEET; 2. NORTH 89'44'44" EAST, A DISTANCE OF 51.84 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 1465.00 FEET; 3. SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 32-21.05", AN ARC DISTANCE OF 827.19 FEET TO A POINT OF TANGENCY WITH A LINE; 4. SOUTH 57'501" EAST ALONG SAID LINE, A DISTANCE OF 361.38 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 960.00 FEET; 5, SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 42731'23% AN ARC DISTANCE OF 712.48 FEET TO A POINT OF RADIAL INTERSECTION WITH A LINE; 6. NORTH 10'25'34" WEST ALONG SAID RADIAL LINE, A DISTANCE OF 9.23 FEET; 7. NORTH 32'46'15" EAST, A DISTANCE OF 33.95 FEET; I I SEE SHEETS 6 THROUGH 9 FOR SKETCH Sheet 1 Of 9 11 DESCRIPTION OF CDD-3 File: CULPEPPER & TERPENING, INC 08-242—WA-05 Dote' CONSULTING ENGINEERS' LAND SURVEYORS 29F.0 i[)b-M 2W, 5TRF.FT • FORT FIFRM FLORIDA 349SI 9-03-2013 PHONE 'R2-i64-3537. PAX 7724k-9/97 • m v.u.g- 157 AV 17.AGLERAVENUE • SfU-k T, FLOIUDA 34994 PHONF. %.7-220-137G. FAX 777-464-'N77 Tech: BKN 6TAID 01F/D!i)A fIIRT1iC.lEOB haW� Packet Pg. 247 1 8.A.3.c LEGAL DESCRIPTION THIS IS NOT A SURVEY 8. NORTH 12'20'57" WEST. A DISTANCE OF 104.38 FEET TO A POINT OF NON RADIAL INTERSECTION WITH A CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 250.00 FEET (THE RADIUS POINT OF SAID CURVE BEARS NORTH 24'00'38" WEST FROM THIS POINT); 9. NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 40"26'09", AN ARC DISTANCE OF 176.44 FEET TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 250.00 FEET; 10. NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 59'03'56", AN ARC DISTANCE OF 257.72 FEET TO A POINT OF TANGENCY WITH A LINE; 11. NORTH 8437'09" EAST ALONG SAID LINE, A DISTANCE OF 138.94 FEET; THENCE NORTH 41'11'03" WEST DEPARTING SAID BOUNDARY, A DISTANCE OF 242.60 FEET; THENCE NORTH 27'38'00" WEST, A DISTANCE OF 286.71 FEET;THENCE NORTH 09'59'53" WEST, A DISTANCE OF 220.16 FEET; THENCE NORTH 01'35'43" EAST, A DISTANCE OF 77.02 FEET; THENCE NORTH 06'49'06" WEST, A DISTANCE OF 152.13 FEET. THENCE NORTH 00'45'41" EAST, A DISTANCE OF 132.15 FEET; THENCE NORTH 35'24'00" EAST, A DISTANCE OF 87.48 FEET, THENCE NORTH 7144'37" EAST, A DISTANCE OF 34.33 FEET; THENCE SOUTH 80'53'39" EAST, A DISTANCE OF 125.53 FEET; THENCE SOUTH 59'06'35" EAST, A DISTANCE OF 143.79 FEET TO A POINT OF NON RADIAL INTERSECTION WITH A CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 2862.48 FEET (THE RADIUS POINT OF SAID CURVE BEARS SOUTH 54'20'17" WEST FROM THIS POINT); THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 02'47'56", AN ARC DISTANCE OF 139.83 FEET TO A POINT OF NON RADIAL INTERSECTION WITH A CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 978,88 FEET (THE RADIUS POINT OF SAID CURVE HAVING A RADIUS OF 2862.48 FEET BEARS SOUTH 57'08'13" WEST FROM THIS POINT AND THE RADIUS POINT OF SAID CURVE HAVING A RADIUS OF 978.88 FEET BEARS SOUTH 59'36'24" WEST FROM THIS POINT); THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 978.88 FEET, THRU A CENTRAL ANGLE OF 10'15'47 AN ARC DISTANCE OF 175.34 FEET TO A POINT OF NON RADIAL INTERSECTION WITH A LINE (THE RADIUS POINT OF SAID CURVE BEARS SOUTH 69'52'11" WEST FROM THIS POINT); THENCE SOUTH 21'40'18" EAST ALONG SAID NON RADIAL LINE, A DISTANCE OF 37.55 FEET; THENCE SOUTH 25'56'47" EAST, A DISTANCE OF 44.50 FEET; THENCE SOUTH 30'01'43" EAST, A DISTANCE OF 33.86 FEET; THENCE SOUTH 33'19'33" EAST, A DISTANCE OF 29.44 FEET; THENCE SOUTH 36'21'17" EAST, A DISTANCE OF 28.71 FEET; THENCE SOUTH 40'44'37" EAST, A DISTANCE OF 55.53 FEET; THENCE SOUTH 43'38'14" EAST, A DISTANCE OF 222.89 FEET TO A POINT OF NON RADIAL INTERSECTION WITH A CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF 269.77 FEET (THE RADIUS POINT OF SAID CURVE BEARS NORTH 5735'39" EAST FROM THIS POINT); THENCE NORTHWESTERLY, NORTHERLY AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 55'31'39", AN ARC DISTANCE OF 261.44 FEET TO A POINT OF COMPOUND CURVATURE WITH A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 727.91 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 15'09'16", AN ARC DISTANCE OF 192.53 FEET TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 1245.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 10'21'37", AN ARC DISTANCE OF 225.13 FEET TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 1155.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 36'15'33', AN ARC DISTANCE OF 730.93 FEET TO A POINT OF TANGENCY WITH A LINE; THENCE NORTH 64'10'30' EAST ALONG SAID LINE, A DISTANCE OF 527.49 FEET TO A POINT OF NON RADIAL INTERSECTION WITH A CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 3050.00 FEET (THE RADIUS POINT OF SAID CURVE BEARS SOUTH 4527'22" WEST FROM THIS POINT), SAID CURVE ALSO BEING THE EASTERLY RIGHT-OF-WAY LINE OF COMMUNITY BOULEVARD (TRACT R-2) AS SHOWN ON SAID TRADITION PLAT NO. 12; THENCE TRAVERSING THE BOUNDARY OF SAID TRADITION PLAT NO. 12 BY THE FOLLOWING TEN (10) COURSES; 1. SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF OO'27'22", AN ARC DISTANCE OF 24.28 FEET TO A POINT OF TANGENCY WITH A LINE 2. NORTH 45'00'00' WEST, A DISTANCE OF 534.68 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 70.00 FEET; 3. NORTHWESTERLY, NORTHERLY AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE. THRU A CENTRAL ANGLE OF 116'38'21% AN ARC DISTANCE OF 142.50 FEET TO A POINT OF COMPOUND CURVATURE WITH A CURVE CONCAVE TO THE SOUTH AND HAVING A RADIUS OF 410.00 FEET; 4. EASTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 3524'20", AN ARC DISTANCE OF 253.36 FEET TO A POINT OF TANGENCY WITH A LINE; 5. SOUTH 72'57'19" EAST ALONG SAID LINE. A DISTANCE OF 299.B9 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE NORTH AND HAVING A RADIUS OF 4-20.00 FEET; 6. SOUTHEASTERLY, EASTERLY AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 30'22'14", AN ARC DISTANCE OF 222.63 FEET TO A POINT OF COMPOUND CURVATURE WITH A CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 2766.70 FEET; 7. NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 2D'12'33", AN ARC DISTANCE OF 975.86 FEET TO A POINT OF COMPOUND CURVATURE WITH A CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 750.00 FEET; IISEE SHEETS 6 THROUGH 9 FOR SKETCH--- Sheet 2 of 911 DESCRIP11ON OF CDD-3 File. CULPEPPER & TERPENING, INC 08-242-WA-05 08- _ CONSULTING ENGINEERS 1 LAND SURVEYORS Date:2980S0U'nt 25,h STRP.9r • FOR1'PIL-RCF FIARIDA 34981 9-03-2013 t4 PHow' ' 772.4was37. FAx m-4w-9497. �..�.<.ti,.,y�,,,, ,51 590 H AGLER AVPF. .NU•SI11ARf; F7.DRInA-14M MgR 772-226337, . FAX T12-464-9497 wr u-rn8xw" Tech: BKH Packet Pg. 248 1 8.A.3.c LEGAL DESCRIPTION THIS IS NOT A SURVEY S. NORTHEASTERLY ALONG THE AR4C OF SAID CURVE, THRU A CENTRAL ANGLE OF 26'32'27", AN ARC DISTANCE OF 347.42 FEET TO A POINT OF TANGENCY WITH A LINE; 9. NORTH 29'55'27" EAST ALONG SAID LINE, A DISTANCE OF 116.16 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 4.00 FEET; 10. NORTHEASTERLY, EASTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 88'28'37", AN ARC DISTANCE OF 6.18 FEET TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 1200.00 FEET, SAID CURVE ALSO BEING THE SOUTHERLY RIGHT--OF-WAY LINE OF VILLAGE PARKWAY (TRACT R-1) AS SHOWN ON TRADITION PLAT NO. 10, RECORDED IN PLAT BOOK 43, PAGES 19, 19A THRU 19C, PUBLIC RECORDS OF SAID ST. LUCIE COUNTY, FLORIDA; THENCE TRAVERSING THE SOUTHERLY AND WESTERLY RIGHT-OF-WAY LINE BY THE FOLLOWING THIRTEEN (13) COURSES; 1. SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 10'47'56", AN ARC DISTANCE OF 226.17 FEET TO A POINT OF TANGENCY WITH A LINE; 2. SOUTH 72'23'51" EAST ALONG SAID LINE, A DISTANCE OF 736.53 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 602.61 FEET; 3. SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 67'45'48", AN ARC DISTANCE OF 712,70 FEET TO A POINT OF TANGENCY WITH A LINE; 4. SOUTH 04'38'03" EAST ALONG SAID LINE, A DISTANCE OF 346.26 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 1050.00 FEET; 5. SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 1330'09", AN ARC DISTANCE OF 247.44 FEET TO A POINT OF TANGENCY WITH A LINE; 6. SOUTH 18'08'12" EAST ALONG SAID LINE, A DISTANCE OF 627.33 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 58.00 FEET; 7. SOUTHEASTERLY, SOUTHERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 49'08'12", AN ARC DISTANCE OF 49.74 FEET TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 130.00 FEET; 8. SOUTHWESTERLY, SOUTHERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 95'54'38", AN ARC DISTANCE OF 217.61 FEET TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 58,00 FEET; 9. SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 53'54'58", AN ARC DISTANCE OF 54.58 FEET TO A POINT OF COMPOUND CURVATURE WITH A CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 500.00 FEET; 1D. SOUTHERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 10'58'48", AN ARC DISTANCE OF 153.31 FEET TO A POINT OF TANGENCY WITH A LINE; 11, SOUTH 00'00'52" EAST ALONG SAID LINE, A DISTANCE OF 508.90 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 2050.00 FEET; 12. SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 13'01'56", AN ARC DISTANCE OF 468.28 FEET TO A POINT OF TANGENCY WITH A LINE; 13. SOUTH 13'02'47" EAST ALONG SAID LINE, A DISTANCE OF 213.79 FEET TO THE SOUTHWEST CORNER OF SAID VILLAGE PARKWAY (TRACT R-1) AS SHOWN ON SAID TRADITION PLAT NO. 10, SAID POINT ALSO BEING THE NORTHWEST CORNER OF VILLAGE PARKWAY (TRACT R-1) AS SHOWN ON SAID TRADITION PLAT NO. 6; THENCE CONTINUE SOUTH 13'02'47" EAST DEPARTING SAID WESTERLY RIGHT-OF-WAY LINE OF TRADITION PLAT NO. 10, ALONG THE WESTERLY RIGHT-OF-WAY OF SAID VILLAGE PARKWAY (TRACT R-1) OF TRADITION PLAT NO. 6, A DISTANCE OF 54.77 FEET TO A POINT OF CUSP WITH A CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 4.00 FEET, SAID CURVE ALSO BEING THE SOUTHERLY RIGHT-OF-WAY LINE OF STEPHANIE WAY (TRACT PR-1) AS SHOWN ON SAID TRADITION PLAT NO. 17; THENCE TRAVERSING SAID SOUTHERLY RIGHT-OF-WAY LINE BY THE FOLLOWING THREE (3) COURSES; 1. NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 76'57'13", AN ARC DISTANCE OF 5.37 FEET TO A POINT OF TANGENCY WITH A LINE; 2. NORTH 90'00'00" WEST ALONG SAID LINE, A DISTANCE OF 1249.56 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 4.00 FEET; 3. SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 90'00'00", AN ARC DISTANCE OF 6.28 FEET TO A POINT OF INTERSECTION WITH THE WEST LINE OF PARCEL "I" AS SHOWN ON SAID TRADITION PLAT NO. 17; I SEE SHEETS 6 THROUGH 9 FOR SKETCH Sheet 3 of 911 DESCRIPTION OF CDD--3 File: CULPEPPER & TERPENING, INC 08-242-WA-05 Dote' CONSULTING ENGINEERS I LAND SURVEYORS 2986SO1."PN25,h SfAIShT,I'ORTPtFRCP FLORIDA119i1 9-03-2013 PHONIC772464J337. FAX77"4-9497• v.v.u-v,- I5I S\V I4.AGIFAI A VM,I,'R • MVAAT. FI-oRIOA 31995 PHONE?72.22V-3376•IIAX772-"4-9497 pvw.arV- Tech: BKH srw in7run,rt+ ciTI-N N-1I- Packet Pg. 249 1 8.A.3.c LEGAL DESCRIPTION THIS IS NOT A SURVEY THENCE TRAVERSING SAID WEST LINE BY THE FOLLOWING TWO (2) COURSES; 1. SOUTH 00'00'DO" WEST ALONG SAID LINE, A DISTANCE OF 231.96 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE NORTEAST AND HAVING A RADIUS OF 4.00 FEET; 2. SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 90'00'00", AN ARC DISTANCE OF 6.28 FEET TO A POINT OF CUSP WITH A LINE, SAID LINE ALSO BEING THE NORTHERLY RIGHT-OF-WAY LINE OF MEETING STREET (TRACT PR-1) AS SHOWN ON SAID TRADITION PLAT NO. 17; THENCE TRAVERSING SAID NORTHERLY RIGHT-OF-WAY LINE BY THE FOLLOWING TWO (2) COURSES; 1. SOUTH 8959'59" WEST ALONG SAID LINE, A DISTANCE OF 349.02 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 275.00 FEET; 2. SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 18'02'57", AN ARC DISTANCE OF 86.63 FEET TO A POINT OF RADIAL INTERSECTION WITH A LINE; THENCE SOUTH 18'02'57' EAST ALONG SAID RADIAL LINE, DEPARTING SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 50.00 FEET TO THE NORTHEAST CORNER OF PARCEL "A" AS SHOWN ON SAID TRADITION PLAT NO. 17; THENCE TRAVERSING THE BOUNDARY OF SAID PARCEL "A" BY THE FOLLOWING THIRTEEN (13) COURSES; 1. CONTINUE SOUTH 18'02'57" EAST, A DISTANCE OF 20,00 FEET TO A POINT OF RADIAL INTERSECTION WITH A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 195.00 FEET.- 2. SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 13'17'30 AN ARC DISTANCE OF 45.24 FEET TO A POINT OF COMPOUND CURVATURE WITH A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 20.00 FEET, 3. SOUTHWESTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 51'37'48", AN ARC DISTANCE OF 18.02 FEET TO A POINT OF COMPOUND CURVATURE WITH A CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 183.77 FEET; 4. SOUTHERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 49'43'45", AN ARC DISTANCE OF 159.50 FEET TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 215.00 FEET; 5. SOUTHEASTERLY, SOUTHERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 62'11'57", AN ARC DISTANCE OF 233.40 FEET TO A POINT OF TANGENCY WITH A LINE; 6. SOUTH 19'29'57" WEST ALONG SAID LINE, A DISTANCE OF 130.44 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 220.00 FEET, 7. SOUTHWESTERLY, WESTERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 92'09'00", AN ARC DISTANCE OF 353.83 FEET TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 479.85 FEET; 8. NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 20'45'17", AN ARC DISTANCE OF 173.82 FEET TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 210.00 FEET; 9. NORTHWESTERLY, NORTHERLY AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 101'15'23", AN ARC DISTANCE OF 371.12 FEET TO A POINT OF TANGENCY WITH A LINE; 10. NORTH 12'09'03" EAST ALONG SAID LINE, A DISTANCE OF 75.28 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 180.00 FEET; 11. NORTHEASTERLY, NORTHERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 33'47'55", AN ARC DISTANCE OF 106.18 FEET TO A POINT OF REVERSE CURATURE WITH A CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 220.00 FEET; 12. NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 20'11'09", AN ARC DISTANCE OF 77.51 FEET TO A POINT OF TANGENCY WITH A LINE; 13. NORTH 01'27'44" WEST ALONG SAID LINE, A DISTANCE OF 28.90 FEET TO THE NORTHWEST CORNER OF SAID PARCEL "A", SAID POINT ALSO LYING ON THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID MEETING STREET; THENCE TRAVERSING SAID SOUTHERLY RIGHT-OF-WAY LINE BY THE FOLLOWING TWO (2) COURSES; 1. NORTH 90'00'00" WEST DEPARTING SAID BOUNDARY, A DISTANCE OF 150.64 FEET; 2. SOUTH 45'D7'04' WEST, A DISTANCE OF 35.44 FEET TO A POINT OF INTERSECTION WITH THE EAST RIGHT -OF --WAY LINE OF COMMUNITY BOULEVARD (TRACT R-2) AS SHOWN ON SAID TRADITION PLAT NO, 17; SEE SHEETS 6 THROUGH 9 FOR SKETCH Sheet 4 of 9 1 1 DESCRIPTION OF CDD-3 File' ,GULPIEPPER & TERPENING, 111C 08- 242- WA-05 CONSULTING ENGINEERS Il LAND SURVEYORS Date: 29Ro SOL�n I2S�h MUM r • FORT PMRCC. FLORLDA 347u4 9-03-2013 PnONe77a64- 43537•F..AXM-464-9497. ++v.t-rnpvm I5I SW FLACL 2R AV k+NUl- • STLIART, nA3KMA 34'7XN P{JOW� 772-22f1-3376• AX77T-46-'M ww. -jo- Tech: BKH".Laa: ` Packet Pg. 250 1 8.A.3.c LEGAL DESCRIPTION THIS IS NOT A SURVEY THENCE SOUTH 00'14'07" WEST DEPARTING SAID SOUTHERLY RIGHT-OF-WAY LINE, ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 19.80 FEET TO THE POINT OF BEGINNING. EXCEPTING FROM THE ABOVE DESCRIBED PARCEL ALL OF PARCEL "A" AS SHOWN ON THE PLAT OF TRADITION PLAT NO. 17, RECORDED IN PLAT BOOK 43, PAGES 22, 22A - 22F, PUBLIC RECORDS OF SAINT LUCIE COUNTY, FLORIDA. CONTAINING 560,629 ACRES OF LAND, MORE OR LESS. I I SEE SHEETS 6 THROUGH 9 FOR SKETCH Sheet 5 of 911 DESCRIP110N OF CDD-3 File: CULPEPPER & TERPENING, INC 08-242-WA-05 (V Dote CONSULTING ENGINEERS I LAND SURVEYORS 29tltl SUUI'P[25d.SGL1tET.FUR'1'PIQt(:Fi, PLORIDA 3J9B7 9-03-2013 Puor�����a+* +r• P\X�714649497• wws, eng,wn I31 Sw PI.AGIFA AVENL'H . sItIARr, F[nRroA 1i994 PHur,W' M-221i3= FM 172-16+9av7 Tech: BKH srw�u'tuuu�uxm n:tninw dvn Packet Pg. 251 1 8.A.3.c SKETCH TO ACCOMPANY LEGAL DESCRIPTION THIS IS NOT A SURVEY f N18.08'12"W LEGEND: 627.33' R = RADIUS (TOTAL) A = DELTA R=58.00' _LENGTH 4=49'08'12" N.R. =NON RADIAL MATCH LINE L=49J Ra130.00' O.S.T.= OPEN SPACE TRACT SEE SHEET 8 6 9 j,g8" aCAUtAIC WAY TRACT PR-9 P.B. = PLAT BOOK - PGS. = PAGES P.O.B. POINT OF BEGINNING P.O.C� POINT OF COMMENCMENT I I U-1 R=58. ,ORAD. = RADIAL A-53.54 5§- COD = COMMUNITY DEVELOPMENT L=54.58 DISTRICT P TRADITION PCs s &O54 o N 1 R=8400^ o z 4=1 DUB 48 SW s/4 L=153.31' o g SECTION 9 SE 1/4 SECTION 0 p o d SW i/4 SE 1/4 SECTION 9 CO O D LINE CHART SCALE: 1 ' = 550' , aa� ` SECTION 9 o N LINE DIRECTION DISTANCE da TRADITION t*1 g Lt S89"59 59 W 349.02 67 PLAT NO. 21 i l2 SI8'025 60.00 P.B. 44, PGS, 27-29 L.3 1810 ' 20 DO' C D D — 3 TRADITI L4 N12'0903 E 75.28 P.B. 43 PGS UN""4, 4A R=2050.00' ° I L5 r � L6 24 '560.629 ACRES *'" N90ro00 15064L=466.28' Do L7 S45'07 04 W 35.44 LB $00 407 W 19.80 N71'57'03"E 231.52' I S13'02'47'E no R = 593.00' G` 213.79' =18'02'S7" ' — — rAr4m AOi1TON P[AT-N1 P.B. 43, PGS. 20 k L=186.81' R=4.00 2DA 1NJPLATTED FUTURE 4.1 I ' a=90'00'00" S13'02'47"E71 m ]RADrnaN� R=4.00' L-6.28' _ 64.77' D a o P.O.B. PLAT NO. 30 0 4 - - Q 900016 N90'00'O0"WsffWmIe vuY-1249,56' F NORTHEAST CORNER �� TRADITION PLAT N L=6.28 oa .B. 42, P . 3, 3A I S00'00'00W R=4. n V) OF TRADITION PLAT NO. i ' �231.96' t P=76'57'13" w P.B. 42, PGS. S. 5A-5F tr> ' 2 PARM I 0 L=5.37 P„ , Z M� L7 L6 L2 -__ _ _ � Prmca F-i ^ r-z r1 Ct-11(fiw� 7L, A.` �1 14R =183.77' R=20.00'� cif m tR-220.00'�", P 4 m ��-��A=20'11'09" L=159.50' L=18.02' \� ► r-1 J to L=77.51' ' O1 RWO.00' / = r7 L4 33'47'S,5" R=215.00' ' i �-•- of r'1 L-106A3 + Ri ADl1TI& PLAT NO. Q1 TRAnI PA C1 HA v L=233.40' P""� o .B. 42. PGS 4. 4A-41 as7� A \ MOO li �7 f R=210.40 \ PAPM D 0l ^ �--4 101'15 23' S19'29'S7"4V P,wm R� ` mi o=371.1?% 130.44' SAW2W34t Q� SECTION LINE 1 1��QVh D \\ I i „ g R=47 5-17 -III � �20'4517" �' 0 � y J L=173.82' R=220.00' TRADITION PLAT NO. 17 6 / UNPLATTED O A=92'09'00' P.B. 43, PGS. 22, 22A-22F F sw 1/4 ` ) L=353.83' / v SW 1 4 S SECTION 9 SE 1/4 SECTION 9 / p�� J SE ICTIIo � � � "'1' 10 Z TRADITION �C4 rga TRADITION PARKWAY -SECTION LINE SECTION 9 a 1' CTION UNE SECTION W m (TOTAL) PLAT NO. 11 SECTION 16 SECTION 15 In r (N.R.) P.B. 45, PGS. 22-2 �� TRACT R-3 TRADITION PLAT NO. 6 Is 16 m j0 fSi NO• B. 42, PGS. 5, 5A-SF S89'57 05 W 1328.92' RP�SE� �j CUR CAR NW 4 UNPLAiTED = TRADI110�t PLAT NO. 19 �pW CURVE RADIUS DELTA lENG1H SEC-9 15 r*1 - P.B. 4 PGS 32-64� l CI 1 5.00 3 46.2 rn NW %4 NE 1/4 L/ C2 77Y 57 86.83 SECTI 16 SECTIO 18 C3 20.Si v C4 300.00 9813 05 514.27 SEE SHEETS 1 THROUGH S OF 9 FOR DESCRIPTION Sheet 6 of 9 M r-+ V 'L C sz K Lu O C O d a r c m File: CULPEPPER & TERPENING, 1NC t SKETCH OF DESCRIPTION 08-242-WA-05 CONSULTING ENGINEERS I LAND SURVEYORS LC OF Date: 29M SOVRT 250, YMFF_T. FORT PLURCK FLORIDA 349A4 r 9-03-2013 PHONY. 777.•IG1.3337- PAX 772.464.9491•wwu+,ge"" Q CD D - 3 15151. FLAGI.F.R AVFNUF.. STUART.1� OJUDA 34994 PFIONR772-220.3376• FAXT71-4l.I-%V evw.a-eng— Tech' BKH SlA'ri•IiF Fii,I1[DA CF31TtF:[ATN,A XnIDM Packet Pg. 252 8.A.3.c SKETCH TO ACCOMPANY LEGAL DESCRIPTION THIS IS NOT A SURVEY LEGEND: R - RADIUS P.O.B.= POINT OF BEGINNING A - DELTA P.O.C.= POINT OF N35'24'00"E L = LENGRi RAO. COMMENCEMENT N.R. - NON RADIALCOD - RADIAL 87.48' P.B. - PLAT BOOK - COMMUNITY PGS.- PAGES DEVELOPMENT NOO'45'41"E DISTRICT 132 15' SCALE: i" = 550' NO6'49'06"W- z 152.13' z NOl'35'43"E 77.02' 9 N09'59'53' 220.16' N2738'01 NE 1/4 9 86. 71 P.B. 47, PGS. 32-e4 -A= 2'47`56 L=139.83' a �CN a1� R=97 7a8' SEA syF CINE Er 8 �? L=175.3 24� 0 `22S 3�Q 1��. v a RS�2j9j,3 � w s16" UNPLATTED L" R=269.77' uj S43'38'14"E �55'31'39" L=261.44' w w f W 222,89 11/4 SECTION LINE SECTION 9 FUTURE TRADITION UNPLATTFD Q PLAT NO. 30 L=1 U.'U UNPLATTED I I SEE SHEETS 1 THROUGH 5 OF 9 FOR DESCRIPTION Sheet 7 of 911 SKETCH OF DESCRIPTION 08.242—WA-05 0E Date: CD D — 3 9-03-2013 Tech: BKH CUL.PEPPER SI TERPENING, INC CONSULTING ENGINEERS I LAND SURVEYORS 298050trRf 2316 S'ARREl'•FOR'CM R(�,F.1ARiDA J4781 4110_\"E 772-444-3537 • FAX 7'2464-9A97 . +vwrse�ycom I SI SW FdAGLEXAVSNIR'i • STUART, FLORIDA 34994 k 140141A 772.22&3176 • PAY 772-464-9497 vwn<rymn SYATr. (ti NTII1M lT.ICf7iKAl N1YT�+ Mt Packet Pg. 253 1 8.A.3.c SCALE: 1" = 550' --SECTION LINE _ 9 UNPLATTED r c��9T R=410,00; o A=35'24 20 UNPLATTED L=253.36' R=70.00' \ �11 G'38'21 " L=142.50' •\,ysr S FUTURE TRADITION �3X PLAT NO. 15 UNPLATTED SKETCH TO ACCOMPANY LEGAL DESCRIPTION THIS IS NOT A SURVEY TRADITION PLAT NO, 18 P.B. 44, PCS. 30-44 I 1/4 SECTION LINE SECTION 4 \� UNPLATTED L1j �I IzG3 = J O p UNPLATTED 9P TRADITION PLAT NO. 10 P.B. 43, PC& 19, I- w w V) 91 19A-19C rUTURE R=4.00' TRADITION �88'28'37" Ld Q � N PLAT NO. 29 ` L=6.18R=1200.00' — N29'55'27"E 116.18' L=226.17' �\ 4 3 I SECTION 4 SECTION 4 SECTION LINE _ _ _ SECTION 9 sECTION 9 R=750.00' 9 io o a NO A=26'32'27" L=347.42 PLAT 12 P.B. 44, �\ t8 La PGS. 3, 3A-J \ 3 w R� 22�A o 22 63 TRADITION R (?' PLAT NO. 7 29g 20'1 P.B. 44, PGS. 7-7A L=975.8 R=124�5 00' UNPLATT --10'21 37" L=225.13' FUTURE TRADITION PLAT NO. 30 rc (TOTAL)S�E S FETI�� R=727191, W W —15'09 16' L=192.53' J F- —I F- LLJ UNPLATTED C) � I v I— w f— w Qw Q� _--1/4 SECTION LINE SECTION 9 LOT 1 R=3050.OQ' / TRAD"1T10N �0`27'22' PLAT NO. WEST PARK A VwTPW-7 ` L=24.28' O TRADITION 56a.629�DCRES P.B.44TPGS.7-7A ti � UNPLAA TTED 1 )9 0G n ADITION PLAT NO. 12 TRADITION j ACT PR-3 P.B. 44, PGS, 3, 3A- PLAT NO. 8 11 P.B. 4-4. PGS. 25-26 , TRACT PR AB — — — MATCH LIN = - - 1 SEE HET - UNPLATTED t It —TRADITION PLAT NO. 43. PGS SA & 5B— — -" ' BA 44, PGSS.. 2, 2A do t _P.B. i ZB R - RADIUS P.O.B.= POINT OF BEGINNING A - DELTA P,O,C.- POINT OF COMMENCEMENT L - LENGTH RAD. a RADIAL N.R. - NON RADIAL CDD COMMUNITY DEVELOPMENT DISTRICT P.B. - PLAT BOOK PGS.- PAGES I I SEE SHEETS 1 THROUGH 5 OF 9 FOR DESCRIPTION Sheet 8 of 9I I File: SKETCH OF DESCRIPTION 08-242—WA-05 OF Date: CD D- 3 9-03-2013 Tech: BKH ,,CULPEPPEII 54 TERPENING, INC CONSULTING ENGINEERS I LAND SURVEYORS 29RO SOIiTH 2AB 5TREF.T. FORT PIFRCF, FI.ORIDA 34981 PRON11772AL4.3537, FAX 772464.9Y7!. a,dw<c-cu__ I SI S)V FLIGLER AVENUE . )TUART. PLORIDA 34994 PHONIS 771M3376. FAX T72A64-9497 . rnou,mm ?TAIn <lf ry.11�l".IfPFlI.h ASxl�ltiM1 W t!< Packet Pg. 254 .r a 8.A.3.c I SKETCH TO ACCOMPANY LEGAL DESCRIPTION THIS IS NOT A SURVEY TRADITION PLAT NO. 18 P.D. 44, PCS. 30-44 UNPLATTEO LLI Iz�D APGS. JTW PORT ST. LUCIE SECTION 35 Q N P.B. 15, PGS. 10, IOA-1 � 3 SECTM UNE SECT*9 3 SECTQV 10 UNPLATTED R=602.61' A=67'45'48" L=712.70' TRADITION PLAT NO. 10 P.B. 43 PGS. 19, 19A-19C CDD-3 { W o >i 60.629 ACRES +/ I W �I 'NEST PARK A\ TRACT PR—) UNPLATTED PLATDNa S P.B. APGS2l -26 i< <. TRADITION PLA N0. B. 43, PGS. 5A & GLa I A X _W TRADITION ITT PLAT NO. 7 P.B_ 44, PGS. 7-7A L0T 1 I Zo Ld F7d �C9 \ VV) ACA0E)AIC WAY SECTION L IE— -R=58.00'A 49'O8'12" \ ACADEMIC WAY L=49.74 TRACT PR-9 TRADITION PLAT N0. 9 �- -i 'P.B. 44, PGS. 2, 2A & f -GEND- R = RADIUS P.O.B.- POINT OF PEGWNING A =DELTA P.O.C.= POINT OF COMMENCEMENT L = LENGTH RAO. - RADIAL N.R. = NON RADIAL COD - COMMUNITY DEVELOPMENT DISTRICT P.B. n PLAT BOOK PGS.- PAGES R=1050.00' A=13'30'09" L=247.44' h UNPLATTED R=130.00' A=95'54'38" -- L=217.61' MATCH LINE SEE SHEET 6 SCALE: 1" = 550' I I SEE SHEETS 1 THROUGH 5 OF 9 FOR DESCRIPTION Sheet 9 Of 9 f I Fite: SKETCH OF DESCRIPTION 08-242- WA-05 OF Date: CDD-3 9-03-2013 Tech: BKH CULPEPPER & TERPENING, INC CONSULTING ENGINEERS I LAND SURVEYORS 2M , GUSH 2SL STREET • FOAT P313RCE, FLORDA 349%) PHUNIE T72.464-3537. PAX 772AC4-9197 • uv�a-•wY.enm ISE S\V PLAc:U:RAYl23UEi • STUART, FLORIDA ]4994 PH0?,P.772-2M-].'376 r PAX 77Z964-44�7 .u-a+g— srw�e iw suwiwA [vnrx'.m.>x x. u cnu a Packet Pg. 255 1 8.A.3.c EXHIBIT B WRITTEN CONSENT OF THE LANDOWNER TO THE EXCLUSION OF PROPERTY FROM WITHIN THE EXTERNAL BOUNDARIES OF THE DISTRICT TRADITION LAND COMPANY, LLC, an Iowa limited liability company authorized to transact business in the State of Florida ("Landowner"), hereby certifies that it is the owner of certain real property comprising approximately 8.573 acres ("Excluded Property") currently located within the boundaries of Tradition Community Development District No. 3 ("District"). By signing below, the Landowner hereby gives its full consent to the modification of the external boundaries of the District to exclude the Excluded Property from within the boundaries of the District. The Excluded Property is more fully described in Exhibit A-1 to the petition to which this consent is attached. IN WITNESS WHEREOF, the undersigned has executed this Consent on behalf of the Landowner as of the date set forth below. TRADITION LAND COMPANY, LLC By: Prins Title Date: �tkock, STATE OF FAA COUNTY OF U tJ 0 I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County �fonresai to take,a knowledgmen ' the f egoi instrument was acknowledged before me by n,u '�� i ��, the �4C-- %i_ r- tt of Tradition Land Company, LLC He/she �( is personally known to me or ❑ has produced as identification. WITNESS my hand and official seal in the County and State last aforesaid thisyV' day of ��T-VZ'%�- , 2013. [Notary Seal] BR/WDI SCOTT CommMbon Number 76359D My Commission Expires tow June 23, 2016 ,---\ �,arv�--K Notary Pu i tate of \0-"a Typed, printed, or stamped name of Notary Public My Commission Expires: \n • 2 S -1tn %7 Packet Pg. 256 8.A.3.c EXHIBIT C z° DESIGNATION OF THE FUTURE GENERAL DISTRIBUTION, L n LOCATION, AND EXTENT OF PUBLIC AND PRIVATE USES OF LAND PROPOSED FOR THE AREA TO BE EXCLUDED FROM a TRADITION COMMUNITY DEVELOPMENT DISTRICT NO.3 a O m m 0 .E m E E O U c O 'a R L L O d R ♦t V q C O m d V1 O Q O N- IL C Packet Pg. 257 8.A.3.c DESIGNATION OF FUTURE GENERAL DISTRIBUTION, LOCATION, AND EXTENT OF PUBLIC AND PRIVATE USES OF LAND AS PROPOSED BY THE FUTURE LAND USE ELEMENT OF THE CITY'S COMPREHENSIVE PLAN PROPOSED BOUNDARY CHANGE —SHIFTING +/- 8.573 ACRES FROM TRADITION COMMUNITY DEVELOPMENT DISTRICT NO. 3 TO TRADITION COMMUNITY DEVELOPMENT DISTRICT NO. 1 Introduction. Section 190.046(1)(a), Fla. Stat., provides that when a petitioner seeks to expand or contract a community development district, the petition "shall describe ... the designation of the future general distribution, location, and extent of public and private uses of land proposed for the area [to be added or removed] by the future land use element of the adopted local government comprehensive plan." Tradition Community Development District Nos. 1 and 3, each located wholly within the municipal limits of the City of Port St. Lucie ("City"), propose shifting +/- 8.573 acres from District No. 3 to District No. 1. This designation is provided with respect to the proposed boundary change in compliance with the requirement set forth in Section 190.046(1)(a). Future Land Use Designation. The property that is proposed to shift from District No. 3 to District No. 1 is currently, and following the proposed boundary change would remain, designated NCD (New Community Development) on the future land use map of the City's comprehensive plan. Zoning. The property that is proposed to shift from District No. 3 to District No. 1 is currently, and following the proposed boundary change would remain, designated MPUD (master planned unit development district) on the zoning map for the City. The MPUD Document and conceptual development plan for the Tradition community, of which the property is a part, are set forth in City Ordinance No. 03-151, as amended by City Ordinance Nos. 05-124, 06-54, 07-108, 08-81, and 12-68. Development/Use Standards. The property that is proposed to shift from District No. 3 to District No. 1 is currently, and following the proposed boundary change would remain, located within the Town Center portion of the MPUD. The proposed development/use standards for the Town Center Areas are set forth in Exhibit 6, Section 3, of the MPUD Ninth Amendment, approved November 18, 2012, by City Ordinance No. 12-68. 1 Packet Pg. 258 8.A.3.c Proposed Public and Private Uses of Land. Among the uses permitted within the Town Center portion of the Tradition MPUD, including the property that is proposed to shift from District No. 3 to District No. 1, are multiple -family dwellings at a density between 8 and 20 dwelling units per net developable acre. See Exhibit 6, Sections 3(B)(18) and 3(E)(1), of the MPUD Ninth Amendment. Consistent with these regulations, the landowner anticipates developing the property for approximately 130 privately -owned townhomes, for a residential density of approximately 15 dwelling units per acre. There is no separate public use proposed for the property. 2 Packet Pg. 259 8.A.3.c EXHIBIT D z° 'i STATEMENT OF ESTIMATED REGULATORY COSTS n 0 w c a� E a O am a� 0 .E E E O U c O :a c� H L O d tm C t U Q R c O 00 v m O Q O L- a a D Packet Pg. 260 8.A.3.c STATEMENT OF ESTIMATED REGULATORY COSTS PROPOSED BOUNDARY CHANGE —SHIFTING +/- 8.573 ACRES FROM TRADITION COMMUNITY DEVELOPMENT DISTRICT NO. 3 TO TRADITION COMMUNITY DEVELOPMENT DISTRICT NO. 1 1.0 Introduction 1.1 Purpose and Scope This statement of estimated regulatory costs ("SERC") supports the petitions by Tradition Community Development District Nos. 1 and 3 to shift +/- 8.573 acres from District No. 3 to District No_ 1. The property was planned for either residential or mixed use development and now would be planned for approximately 130 townhomes. Therefore, no change in planning or zoning will be needed, and the infrastructure to serve the proposed land use is already in place. The purpose of the proposed boundary change would be to incorporate residential development into District No. 1, thereby providing for transition of the Board of Supervisors for District No. 1 to control by its resident electors. The limitations on the scope of this SERC are explicitly set out in Section 190.002(2)(d), Fla. Stat., as follows (emphasis added): "That the process of establishing such a district pursuant to uniform general law shall be fair and based only on factors material to managing and financing the service delivery function of the district, so that any matter concerning permitting or planning of the development is not material or relevant." 1.2 Overview of the Proposed Boundary Change Figure 1 displays the property proposed to shift from District No. 3 to District No. 1. I Packet Pg. 261 8.A.3.c 1.3 Figure 1. Property Proposed to Shift from Tradition Community an a NOT $7. uxx C"_10 C.D-D.-2 j r-=-9 Requirements for Statement of Estimated Regulatory Costs Section 120.541(2), Fla. Stat., sets forth the elements a statement of estimated regulatory costs, which must contain: (a) An economic analysis showing whether the rule directly or indirectly: M rr 1. Is likely to have an adverse impact on economic growth, private L sector job creation or employment, or private sector investment in o excess of $1 million in the aggregate within 5 years after the = implementation of the rule; C 2. Is likely to have an adverse impact on business competitiveness, o including the ability of persons doing business in the state to 0 compete with persons doing business in other states or domestic r a� markets, productivity, or innovation in excess of $1 million in the a aggregate within 5 years after the implementation of the rule; or E Q 2 Packet Pg. 262 8.A.3.c 3. Is likely to increase regulatory costs, including any transactional costs, in excess of $1 million in the aggregate within 5 years after the implementation of the rule. (b) A good faith estimate of the number of individuals and entities likely to be required to comply with the rule, together with a general description of the types of individuals likely to be affected by the rule. (c) A good faith estimate of the cost to the agency, and to any other state and local government entities, of implementing and enforcing the proposed rule, and any anticipated effect on state and local revenues. (d) A good faith estimate of the transactional costs likely to be incurred by individuals and entities, including local government entities, required to comply with the requirements of the rule. As used in this section, "transactional costs" are direct costs that are readily ascertainable based upon standard business practices, and include filing fees, the cost of obtaining a license, the cost of equipment required to be installed or used or procedures required to be employed in complying with the rule, additional operating costs incurred, the cost of monitoring and reporting, and any other costs necessary to comply with the rule. (e) An analysis of the impact on small businesses as defined by s. 288.703, and an analysis of the impact on small counties and small cities as defined in s. 120.52. The impact analysis for small businesses must include the basis for the agency's decision not to implement alternatives that would reduce adverse impacts on small businesses. (f) Any additional information that the agency determines may be useful (g) In the statement or revised statement, whichever applies, a description of any good faith written proposal submitted under paragraph (1)(a) and either a statement adopting the alternative or a statement of the reasons for rejecting the alternative in favor of the proposed rule. 3 Packet Pg. 263 8.A.3.c 2.0 An economic analysis showing whether the proposed boundary change directly or indirectly will have an adverse impact on economic growth, job creation, employment, private sector investment, business competitiveness, or regulatory costs Section 120.541(2)(a) requires an economic analysis showing whether the proposed boundary change will directly or indirectly will have an adverse impact on economic growth, job creation, employment, private sector investment, business competitiveness, or regulatory costs exceeding $1 million in the aggregate within 5 years after the establishment occurs. The shifting of +/- 8.573 acres from Tradition Community Development District No. 3 to Tradition District No. 1 will not have an adverse impact on economic growth, job creation, employment, private sector investment, business competitiveness, or regulatory costs. Tradition Community Development District Nos. 1 and 3 are existing community development districts that have operated for over ten years. The shifting of a parcel of land from the jurisdiction of one district to an adjacent district will have no impact on economic growth, job creation, employment, or any other economic metric or on any cost of regulation. Furthermore, there will be no change in land uses or development intensity. As noted in the petitions of Tradition District No. 1 to expand and District No. 3 to contract, public infrastructure facilities and services are currently provided to the +/- 8.573 acre parcel by District No. 1 pursuant to an interlocal agreement among District No. 1, District No. 3, and the other Tradition Community Development Districts. Following the proposed boundary change, these facilities and services will continue to be provided to the property by District No. 1 in accordance with the agreement. See the Amended and Restated Interlocal Agreement dated as of April 8, 2008, recorded at Official Records Book 2983, Pages 1074-1124, of the Public Records of St. Lucie County, Florida. 3.0 A good faith estimate of the number of individuals and entities likely to be required to comply with the proposed boundary change, together with a general description of the types of individuals likely to be affected by the change. 4 Packet Pg. 264 8.A.3.c There is no change in the number of individuals or entities likely to be required to comply with the boundary change because the proposal merely shifts land from one district to another. The existing development plan envisions approximately 130 townhomes on the property to be shifted. Therefore, approximately 260 individuals will be required to comply with the proposed boundary change. Prior to the development and sale of the townhomes the landowner is subject to the affects of the proposed change shifting the property from District No. 3 to District No. 1. 4.0 Good faith estimate of the cost to state and local government entities, of implementing and enforcing the proposed boundary change, and any anticipated effect on state and local revenues. 4.1 Impact on State and Local Revenues State Government Entities There will be no cost impact to any Florida ("State") governmental entity if the proposed rule is adopted. As noted above, the Districts already exist and have operated successfully for over ten years. The shift of +/- 8.573 acres from one district to another will have no cost impact. Likewise, there will be no ongoing cost to various State entities to implement and enforce the proposed rule. St. Lucie County and the City of Port St. Lucie County and City staff will process, analyze, and conduct public hearing(s) on the petition to shift the property between the Districts. These activities will absorb the time of the County and City staffs and County Commissioners and City Councilmen. However, these costs to the County and City are likely to be minimal for a number of reasons. First, review of the petitions does not include analysis of the development to be served by the Districts. Second, the petitions themselves provide most of the information needed for County and City staffs' review. Third, the County and City currently employ the staff needed to conduct the review of the petition. Fourth, no capital expenditure is required to review the petitions. Finally, local governments routinely process similar petitions for land use and zoning changes that are more complex than is a petition to expand or contract the boundaries of a community development district. 5 Packet Pg. 265 8.A.3.c There is no new annual cost to the City or the County related to the proposed rule. The two affected districts already exist, and no changes to land use or development intensity are proposed. 4.2 Impact on State and Local Revenue Adoption of the proposed ordinances to contract the boundaries of Tradition Community Development District No. 3 and correspondingly expand the boundaries of Tradition District No. 1 will have no impact on State or local revenues. The two districts affected already exist, and no change to the development plan for the parcel shifting from District No. 3 to District No. 1 is expected or planned. 5.0 A good faith estimate of the transactional costs likely to be incurred by individuals and entities required to comply with the requirements of the proposed boundary change. The shifting of +/- 8.573 acres of property between two existing community development districts will impose no new transactional costs on any individual or entity. 6.0 An analysis of the impact on small businesses as defined by Section 288.703, Fla. Stat., and an analysis of the impact on small counties and small cities as defined by Section 120.52, Fla. Stat. The shifting of +/- 8.573 acres of property between two existing community development districts will have no impact on small businesses. 7.0 Any additional useful information. The analysis provided above is based on a straightforward application of economic theory, especially as it relates to tracking the incidence of regulatory costs and benefits. Inputs were received from the Developer's Engineer and other professionals associated with the Developer. Fishkind & Associates, Inc. ("Fishkind"), certifies that this SERC meets the requirements for a SERC as set forth in Section 120.541, Fla. Stat. 6 Packet Pg. 266 8.A.3.c Fishkind has drafted more than 100 SERCs. Below is a listing of some of the Districts for which we have prepared SERCs. • Urban Orlando Community Development District • Palazzo Del Lago Community Development District • Winter Garden Village at Fowler Groves Community Development District • Midtown Orlando Community Development District • New Port Tampa Bay Community Development District • The Tradition "Family" of Community Development Districts • Marshall Creek Community Development District • Cedar Hammock Community Development District • Meditera Community Development District • Brooks Community Development District • Highlands Community Development District a 7 Packet Pg. 267 8.A.3.c EXHIBIT E RESOLUTION OF THE BOARD AUTHORIZING (1) CONTRACTION OF THE DISTRICT'S BOUNDARIES, (2) SUBMISSION TO THE COMMISSION OF A PETITION FOR CONTRACTION, AND (3) SUBMISSION TO THE CITY OF A REQUEST FOR APPROVAL OF THE PETITION FOR CONTRACTION a Packet Pg. 268 8.A.3.c RESOLUTION NO. 2013-02 A RESOLUTION OF THE BOARD OF SUPERVISORS OF JJR,ADITION COMMUNITY DEVELOPMENT DISTRICT NO. 3 AUTHORIZING THE - CONTRACTION OF THE H6UNDARIES OF THE DISTRICT; AUTHORIZING EXECUTION OF A PETITION SEEKING SUCH CONTRACTION; AUTHORIZING SUBMISSION OF THE PETITION TO THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA; AUTHORIZING THE APPROPRIATE OFFICERS OF THE DISTRICT TO REQUEST THE CITY COUNCIL OF THE CITY OF PORT ST. LUCIE, FLORIDA, TO APPROVE THE PETITION; AUTHORIZING THE EXECUTION OF AN ASSIGNMENT AND ASSUMPTION AGREEMENT RELATING TO THE PROPERTY TO BE EXCLUDED FROM THE DISTRICT BOUNDARIES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF TRADITION COMMUNITY DEVELOPMENT DISTRICT NO. 1: SECTION 1. AUTHORITY FOR THIS RESOLUTION; DEFINITIONS. The Board of Supervisors ("Board") of Tradition Community Development District No. 3 ("District") is authorized to adopt this Resolution under the authority granted by the provisions of Chapter 190, Florida Statutes ("Act") and other applicable law. SECTION 2. FINDINGS. A. The District was established by ordinance of the Board of County Commissioners of St. Lucie County, Florida ("County'), enacted on August 21, 2001, as amended ("Ordinance"). B. The District, Tradition Community Development District No. 1 ("District No. I"), Tradition Community Development District No. 2 ("District No. 2"), Tradition Community Development District No. 4 ("District No. 4"), Tradition Community Development District No. 5 ("District No. 5"), Tradition Community Development District No. 6 ("District No. 6"), Tradition Community Development District No. 7 ("District No. 7"), Tradition Community Development District No. 8 ("District No. 8"), Tradition Community Development District No. 9 ("District No. 9"), and Tradition Community Development District No. 10 ("District No. 10," and, collectively with the District, District No. 1, District No. 2, District No. 4, District No. 5, District No. 6, District No. 7, District No. 8, and District No. 9, the "Districts"), have entered that certain Amended and Restated District Development Interlocal Agreement dated as of April 8, 2008 ("District Interlocal Agreement"). C. The District Interlocal Agreement contemplates that the District, as well as other 2003 TRA 1513001 CDD3 2013 Boundary Change RES (V2 CL) Packet Pg. 269 8.A.3.c Project Districts (as defined in the District Interlocal Agreement) will share in the use and benefit of certain infrastructure improvements and services ("2003 Project") intended to serve the 2003 Project Districts. The District Interlocal Agreement recognizes that District No. 1 has financed the 2003 Project by issuing the 2003 Bonds (as defined in the District Interlocal Agreement) secured by, among other things, proceeds of the 2003 Project Assessments (as defined in the District Interlocal Agreement) levied on benefitted lands within the 2003 Project Districts. D. It has come to the attention of the Board that, on May 30, 2013, the Internal Revenue Service ("IRS') delivered to Village Center Community Development District, a Florida community development district established under the Act ("Village Center CDD") a technical advice memorandum ("Villages TAM'), in connection with the examination by the IRS of bonds issued by the Village Center CDD. The Villages TAM concluded that the Village Center CDD is not a political subdivision permitted to issue tax-exempt bonds based on a number of facts including that its governing board is elected by a small group of landowners, and that it "was organized and operated to perpetuate private control and avoid indefinitely responsibility to a public electorate, either directly or through another elected state or local governmental body. E. Approximately 569.202 acres are currently within the external boundaries of the District. Subsequent to the establishment of the District, all of the property within the external boundaries of the District was annexed into the municipal boundaries of the City of Pori St. Lucie, Florida ("City'). F. The Board of Supervisors of District No. 1 (which is a 2003 Project District) has indicated to the District that it desires take actions intended to result in the Board of Supervisors of District No. 1 ultimately being elected by qualified electors within the District, as provided in the Act. In furtherance of the foregoing, District No. 1 has identified certain approximately 8.57 acres of property adjacent to the existing boundaries of District No. 1 that is intended for residential development ("Excluded Property"). The Property is currently located within the boundaries of the City and the District. District No. 1 and the owner of 100 percent of the Excluded Property ("Owner") have indicated that they desire to include the Excluded Property within the boundaries of District No. 1. G. The Board desires to contract the boundaries of the District by excluding the Excluded Property, so that thereafter the land area to be served by the District will comprise approximately 560.632 acres. Following such contraction of the District's boundaries, all lands in the District will continue to be located wholly within the jurisdictional boundaries of the City. H. The Owner has indicated that it will consent in writing to the exclusion of the Excluded Property from the boundaries of the District. I. The Board hereby determines that it is in the best interests of the District and the current and future landowners and residents of the District, the other 2003 Project Districts and the holders of the 2003 Bonds that the District's boundaries be amended to exclude the Excluded Property and that the District should submit a petition in accordance with Section 190.046 of the Act ("Petition") to accomplish such contraction of the District's boundaries. TRA 1513001 CDD3 2013 Boundary Change RES (V2 CL) 2 Packet Pg. 270 8.A.3.c J. The District anticipates that, contemporaneously with the District's submission of the Petition, District No. I will submit a corresponding petition seeking the amendment of its boundaries to include the Excluded Property within District No. I's boundaries. K. Pursuant to an Assignment and Assumption Agreement ("Assignment"): (i) the District will assign to District No. 1 its right to collect the 2003 Project Assessments and the 2003 Project Maintenance Assessments (as defined in the District Interlocal Agreement) with respect to the Excluded Property and its obligation to remit such funds consistent with obligations set forth in the indenture for the 2003 Bonds, and (ii) and District No. 1 will assume the obligations of the District to remit such funds to District No. 1 consistent with the obligations set forth in the indenture for the 2003 Bonds, in each case effective upon the amendment of the boundaries of the District and District No. 1, L. In furtherance of the foregoing, the Board hereby desires to (i) approve preparation of the Petition seeking the contraction of the District's boundaries in the mariner required by Section 190.046(1) of the Act, (ii) authorize the execution of the Petition and submission of the Petition to the County by the appropriate representatives of the District, and (iii) authorize the appropriate officers and representatives of the District to obtain the City's approval of the Petition, as required by Section 190.046(l)(b) of the Act. SECTION 3. AUTHORIZATION OF CONTRACTION OF DISTRICT BOUNDARIES AND PETITION: The Board hereby authorizes the amendment of its boundaries to exclude the Excluded Property from its boundaries. The preparation of the Petition is hereby approved and the Chairman or Vice -Chairman of the Board or their respective designee is hereby authorized and directed to cause the Petition, and all documents and instruments required to be submitted with the Petition pursuant to the Act, to be prepared and to execute the Petition, in such form and with such changes, insertions, modifications, and deletions as may be approved by the officer of the District executing the same, in consultation with the District's General Counsel. The Board hereby authorizes the submission of the Petition to the County. The Board further authorizes the District Manager, District Counsel, Bond Counsel, and other appropriate officers of the District to obtain from the City Council of the City consent to the approval of the Petition by the County. SECTION 4. AUTHORIZATION OF ASSIGNMENT AND ASSUMPTION. The District hereby approves the assignment to District No. 1 of the District's obligation to collect the Assessments levied on the Excluded Property currently in the District, which assignment will be effective upon amendment of the boundaries of the District and District No. 1 in the manner contemplated by this Resolution. To effectuate the foregoing, the Chairman or Vice -Chairman of the District or their respective designee is hereby authorized and directed to prepare and execute the Assignment, in such form and with such changes, insertions, modifications, and deletions as may be approved by the officer of the District executing the Assignment, in consultation with the District's General Counsel. SECTION 5. MISCELLANEOUS. The Chairman, Vice -Chairman, and Secretary of the Board, the District's General Counsel, District Manager, and other authorized officers are TRA 1513001 CDD3 2013 Boundary Change RES (V2 CL) Packet Pg. 271 8.A.3.c authorized and directed to prepare, execute, and deliver all documents, instruments, and certificates and to take all actions and steps on behalf of the District that are necessary or desirable in connection with the Petition and the amendment to the District's boundaries as authorized in this Resolution. SECTION 6. SEVERABILITY. Should any sentence, section, clause, part, or provision of this Resolution be declared by a court of competent jurisdiction to be invalid, the same shall not effect the validity of this Resolution as a whole, or any part thereof, other than the part declared invalid. SECTION 7. EFFECTIVE DATE. This Resolution shall be effective immediately upon its adoption. PASSED AND ADOPTED at a meeting of the Board of Supervisors of Tradition Community Development District No. 3 this 13th day of August, 2013. TRADITION COMMUNITY DEVEI `OPMENT DISTRICT NO.3 [SEAL] r f� } f (�j♦ Chairman ATTEST: i/ District ecretary TRA 1513001 CDD3 2013 Boundary Change RES (V2 CL) Packet Pg. 272 8.A.3.c Packet Pg. 273 8.A.3.d ORDINANCE NO. AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, AMENDING ORDINANCE NO. 01-012 ENACTED BY THE COUNTY ON AUGUST 21, 2001, ESTABLISHING TRADITION COMMUNITY DEVELOPMENT DISTRICT NO. 3, AS AMENDED BY ORDINANCE NO. 02-012 ENACTED BY THE COUNTY ON MARCH 26, 2002, AND ORDINANCE NO. 06-035 ENACTED BY THE COUNTY ON AUGUST 15, 2006, AND AMENDING SECTION 1-6.5-101 OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, IN ORDER TO CONTRACT THE EXTERNAL BOUNDARIES OF THE DISTRICT AND DESCRIBE THE REVISED EXTERNAL BOUNDARIES OF THE DISTRICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE 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. On August 21, 2001, the County enacted Ordinance No. 01-012 ("Original Ordinance") amending Section 1-6.5 "Community Development" of the Code of Ordinances of St. Lucie County, Florida to establish Tradition Community Development District No. 3 (formerly known as Westchester Community Development District No. 3) ("District") as a community development district pursuant to the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes, as amended ("Act"), and other applicable law, including establishing its external boundaries, among other matters. On March 26, 2002, the County enacted Ordinance No. 02-012 ("Amending Ordinance") amending Section 1-6.5-101 "Community Development" of the Code of Ordinances of St. Lucie County, Florida to revise the external boundaries of the District. Subsequent to the enactment of the Amending Ordinance, all of the real property within the boundaries of the District was annexed into the boundaries of the City of Port St. Lucie, Florida ("City"). On August 15, 2006, the County enacted Ordinance No. 06-035 ("Second Amending Ordinance") amending Section 1-6.5-101 "Community Development" of the Code of Ordinances of St. Lucie County, Florida, to revise the external boundaries of the District and change the name of the District. The external boundaries of the District currently contain approximately 569.202 acres of real property located entirely within the jurisdictional boundaries of the City. 2. Pursuant to Section 190.046(1) of the Act, the Board of Supervisors of the District has submitted a petition ("Petition") to the County requesting that the boundaries of the District be contracted, so that thereafter approximately 560.629 acres of real property will be located within the external boundaries of boundaries of the District. The Petition further requests that the County amend the Original Ordinance, as amended, to reflect the revised boundaries of the District. 3. The County has conducted a public hearing on the Petition in accordance with the requirements of Section 190.0046(1)(b) and has considered the record of the public hearing and the factors set forth in Section 190.005(1)(e) of the Act, among other factors, and hereby finds that: - Packet Pg. 274 8.A.3.d (a) All statements in the Petition are true and correct; (b) The land to be excluded from the boundaries of the District, when aggregated with the boundary changes effected by the Amending Ordinance and the Second Amending Ordinance, does not exceed a cumulative net total greater than 50 percent of the acres initially located within the boundaries of the District and does not exceed 500 acres; (c) Following the proposed amendment of its boundaries, the District will not be inconsistent with any applicable element or portion of the State of Florida's comprehensive plan or of the City's comprehensive plan; (d) Following the proposed amendment of the District's boundaries, the property comprising the District will be of sufficient size, compactness, and contiguity to be developable as one functional interrelated community; (e) The District is the best alternative available for delivering community development services and facilities to the area that will be served by the District; (f) The community development services and facilities of the District will not be incompatible with the capacity and uses of existing local and regional community development services and facilities; and (g) The area that will be served by the District is amenable to separate special district government. 4. The City has submitted to the County a resolution consenting to the County's approval of the boundary changes requested in the Petition. 5. The County now desires to grant the Petition by amending the Original Ordinance, as amended, and Section 1-6.5-101 of the Code of Ordinances of the County, as more fully set forth in this Ordinance. NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. GRANT OF PETITION; AMENDMENT TO ORIGINAL ORDINANCE, AS AMENDED, TO ESTABLISH NEW EXTERNAL BOUNDARIES OF THE DISTRICT. The County hereby grants the Petition. Part A of the Original Ordinance, as amended, is hereby amended to expand the external boundaries of the District by deleting Exhibit A to the Second Amending Ordinance in its entirety and replacing it with Exhibit A attached to this Ordinance. Accordingly, Section 1-6.5-101 of the Code of Ordinances of the County establishing the boundaries of the District is hereby amended so that references therein to Exhibit "A" shall mean Exhibit A attached to this Ordinance. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances, and County K Packet Pg. 275 8.A.3.d resolutions, or parts thereof, in conflict with this Ordinance are hereby superseded by this Ordinance to the extent of such conflict. PART C. 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. PART D. APPLICABILITY OF ORDINANCE. This Ordinance shall be applicable throughout St. Lucie County's jurisdiction. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and is hereby directed forthwith to send a certified copy of this Ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capital, Tallahassee, Florida, 32304. PART F. EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Department of State. After motion and second, the vote on this ordinance was as follows: Chairman Vice -Chairman Commissioner Commissioner Commissioner PASSED AND DULY ADOPTED this day of 12014. ATTEST: Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Chairman APPROVED AS TO FORM AND CORRECTNESS County Attorney 3 Packet Pg. 276 8.A.3.d LEGAL DESCRIPTION THIS IS NOT A SURVEY DESCRIPTION: REVISED 09-03-2013 C.D.D. NO. 3 (TRADITION) A PARCEL OF LAND LYING IN SECTIONS 8, 9, 10, 16 AND 17, TOWNSHIP 37 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA AND ALSO BEING ALL OF TRADITION PLAT NO. 2, RECORDED IN PLAT BOOK 42, PAGES 3, 3A THRU 3D, TRADITION PLAT NO. 3, RECORDED IN PLAT BOOK 43, PAGES 4, 4A AND 4B, TRADITION PLAT NO- 4, RECORDED IN PLAT BOOK 43, PAGES 5 AND 5A, TRADITION PLAT NO. 5, RECORDED IN PLAT BOOK 42, PAGES 4, 4A THRU 41, TRADITION PLAT NO, 8, RECORDED IN PLAT BOCK 44, PAGES 25 AND 26, TRADITION PLAT NO. 11, RECORDED IN PLAT BOOK 45, PAGES 22 AND 23, TRADITION PLAT NO. 13, RECORDED IN PLAT BOOK 43, PAGES 20 AND 20A, TRADITION PLAT NO. 16, RECORDED IN PLAT BOOK 44, PAGES 12, 12A THRU 12J AND TRADITION PLAT NO. 21, RECORDED IN PLAT BOOK 44, PAGES 27 THRU 29 AND PORTIONS OF TRADITION PLAT NO. 6, RECORDED IN PLAT BOOK 42, PAGES 5, 5A THRU 5F, TRADITION PLAT NO. 9, RECORDED IN PLAT BOOK 44, PAGES 2, 2A AND 26, TRADITION PLAT NO. 12, RECORDED IN PLAT BOOK 44, PAGES 3. 3A THTU 3D AND TRADITION PLAT NO. 17, RECORDED IN PLAT BOOK 43, PAGES 22, 22A THRU 22F, ALL RECORDED IN THE PUBLIC RECORDS OF SAID ST. LUCIE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHEAST CORNER OF COMMUNITY BOULEVARD (TRACT R-3) AS SHOWN ON SAID TRADITION PLAT NO, 6; THENCE SOUTH 00'14'07" WEST AS A BASIS OF BEARINGS ALONG THE EAST RIGHT—OF—WAY LINE OF SAID COMMUNITY BOULEVARD, A DISTANCE OF 833.93 FEET TO A POINT OF NON RADIAL INTERSECTION WITH A CURVE CONCAVE TO THE SOUTH AND HAVING A RADIUS OF 300.00 FEET (THE RADIUS POINT OF SAID CURVE BEARS SOUTH 11'46'20" WEST FROM THIS POINT); THENCE WESTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE DEPARTING SAID EAST RIGHT—OF—WAY LINE, THRU A CENTRAL ANGLE OF 23'04'26", AN ARC DISTANCE OF 120.81 FEET TO A POINT OF INTERSECTION WITH THE WEST RIGHT—OF—WAY LINE OF SAID COMMUNITY BOULEVARD, SAID POINT ALSO BEING THE WESTERLY LINE OF SAID TRADITION PLAT NO. 6; THENCE CONTINUE SOUTHWESTERLY, SOUTHERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE NOW CONCAVE TO THE SOUTHEAST AND SAID WESTERLY LINE, THRU A CENTRAL ANGLE OF 98'13'05", AN ARC DISTANCE OF 514.27 FEET TO A POINT OF NON RADIAL INTERSECTION WITH A LINE (THE RADIUS POINT OF SAID CURVE BEARS NORTH 70'28'48" EAST FROM THIS POINT), SAID POINT ALSO BEING THE SOUTHEAST CORNER OF SAID TRADITION PLAT NO. 11; THENCE SOUTH 89'57'05" WEST ALONG SAID NON RADIAL LINE AND SOUTH LINE OF SAID TRADITION PLAT NO. 11, DEPARTING SAID WESTERLY LINE, A DISTANCE OF 1328.92 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 1650.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE AND SAID SOUTH LINE, THRU A CENTRAL ANGLE OF 11'23'46". AN ARC DISTANCE OF 337.79 FEET TO THE SOUTHWEST CORNER OF SAID TRADITION PLAT NO. 11; THENCE CONTINUE ALONG THE ARC OF SAID CURVE DEPARTING SAID SOUTH LINE, THRU A CENTRAL ANGLE OF 00'22'19", AN ARC DISTANCE OF 10.79 FEET TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 1500.00 FEET; THENCE NORTHWESTERLY AND WESTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 12106'05"1- AN ARC DISTANCE OF 316.82 FEET TO A POINT OF TANGENCY WITH A LINE; THENCE SOUTH 89'57'05" WEST ALONG SAID LINE, A DISTANCE OF 2094.54 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 1530.00 FEET; THENCE WESTERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 17'00'06", AN ARC DISTANCE OF 454.00 FEET TO A POINT OF NON RADIAL INTERSECTION WITH A LINE (THE RADIUS POINT OF SAID CURVE BEARS SOUTH 17'03'01" FAST FROM THIS POINT); THENCE NORTH 00`06'55" EAST ALONG SAID NON RADIAL LINE, A DISTANCE OF 195.87 FEET TO THE SOUTHWEST CORNER OF SAID TRADITION PLAT NO. 16; THENCE TRAVERSING THE BOUNDARY OF SAID TRADITION PLAT NO. 16 BY THE FOLLOWING ELEVEN (11) COURSES; 1. CONTINUE NORTH 00'06'55" EAST, A DISTANCE OF 2489.94 FEET; 2. NORTH 89'44'44" EAST, A DISTANCE OF 51.84 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 1465.00 FEET; 3. SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 32'21'05", AN ARC DISTANCE OF 827.19 FEET TO A POINT OF TANGENCY WITH A LINE; 4. SOUTH 57'54'11" EAST ALONG SAID UNE, A DISTANCE OF 361.38 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 960.00 FEET; 5. SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 4231'23", AN ARC DISTANCE OF 712.48 FEET TO A POINT OF RADIAL INTERSECTION WITH A LINE; 6, NORTH 10'25'34" WEST ALONG SAID RADIAL LINE, A DISTANCE OF 9.23 FEET; 7. NORTH 32'45'15" EAST, A DISTANCE OF 33.95 FEET; II SEE SHEETS 6 THROUGH 9 FOR SKETCH Sheet 1 of 911 DESCRIPTION OF CDD-3 File' CULPEPPER � TERPENING, INC 08-242—WA-05 off Date: CONSULTING ENGINEERS I LAND SURVEYORS 29FA .%Ob H ZST STREET • FORT FIFRM PLOR lDA 3 -m 9-03-2013 PH04L• 772-464-3557 • PAX 772-464-W7 . ,�,,,..�,..,w,,,, 1 51 SVV PLACLE'AAV-ENUE • 5M.SRT, FLO[UDA 34"4 PHONF. 771220-5376• FAXT12-4.4 WW ..+raM.engmn Tech: BKH Packet Pg. 277 8.A.3.d LEGAL DESCRIPTION THIS IS NOT A SURVEY 8. NORTH 12'2D'57" WEST, A DISTANCE OF 104.38 FEET TO A POINT OF NON RADIAL INTERSECTION WITH A CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 250.00 FEET (THE RADIUS POINT OF SAID CURVE BEARS NORTH 24'00'38" WEST FROM THIS POINT); 9. NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 40'26'09", AN ARC DISTANCE OF 176.44 FEET TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 250.00 FEET, 10, NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 59'03'56", AN ARC DISTANCE OF 257.72 FEET TO A POINT OF TANGENCY WITH A LINE; 11. NORTH 84'37'09" EAST ALONG SAID LINE, A DISTANCE OF 138.94 FEET; THENCE NORTH 41'11'03" WEST DEPARTING SAID BOUNDARY, A DISTANCE OF 242.60 FEET; THENCE NORTH 27'38'00" WEST, A DISTANCE OF 286.71 FEET;THENCE NORTH 09'59'53" WEST, A DISTANCE OF 220.16 FEET; THENCE NORTH 01'35'43" EAST, A DISTANCE OF 77.02 FEET; THENCE NORTH 06'49'06" WEST, A DISTANCE OF 152.13 FEET; THENCE NORTH 00'45'41" EAST, A DISTANCE OF 132,15 FEET THENCE NORTH 35'24'00" EAST, A DISTANCE OF 87.48 FEET; THENCE NORTH 71 44'37" EAST, A DISTANCE OF 34.33 FEET; THENCE SOUTH 80'53'39" EAST A DISTANCE OF 125.53 FEET. - THENCE SOUTH 59'06'35" EAST, A DISTANCE OF 143.79 FEET TO A POINT OF NON RADIAL INTERSECTION WITH A CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 2862.48 FEET (THE RADIUS POINT OF SAID CURVE BEARS SOUTH 54'2.0'17" WEST FROM THIS POINT); THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 02'47'56", AN ARC DISTANCE OF 139.83 FEET TO A POINT OF NON RADIAL INTERSECTION WITH A CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 978.8E FEET (THE RADIUS POINT OF SAID CURVE HAVING A RADIUS OF 2862.48 FEET BEARS SOUTH 57'08'13" WEST FROM THIS POINT AND THE RADIUS POINT OF SAID CURVE HAVING A RADIUS OF 978.88 FEET BEARS SOUTH 59'36'24" WEST FROM THIS POINT); THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 978.88 FEET, THRU A CENTRAL ANGLE OF 10-15'47", AN ARC DISTANCE OF 175.34 FEET TO A POINT OF NON RADIAL INTERSECTION WITH A LINE (THE RADIUS POINT OF SAID CURVE BEARS SOUTH 69'52'11" WEST FROM THIS PONT); THENCE SOUTH 21'40'18" EAST ALONG SAID NON RADIAL LINE, A DISTANCE OF 37.55 FEET; THENCE SOUTH 25'55'47' EAST, A DISTANCE OF 44.50 FEET; THENCE SOUTH 30'01'43" EAST, A DISTANCE OF 33.86 FEET; THENCE SOUTH 33'19'33" EAST, A DISTANCE OF 29.44 FEET; THENCE SOUTH 36'21'17" EAST, A DISTANCE OF 28.71 FEET; THENCE SOUTH 40'44'37" EAST, A DISTANCE OF 55.53 FEET THENCE SOUTH 43'38'14" EAST, A DISTANCE OF 222.89 FEET TO A POINT OF NON RADIAL INTERSECTION WITH A CURVE CONCAVE TO THE EAST AND HAVING A RADIUS OF 269,77 FEET (THE RADIUS POINT OF SAID CURVE BEARS NORTH 57'35'39" EAST FROM THIS POINT); THENCE NORTHWESTERLY, NORTHERLY AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 55131'39", AN ARC DISTANCE OF 261.44 FEET TO A POINT OF COMPOUND CURVATURE WITH A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 727.91 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 15'09'16", AN ARC DISTANCE OF 192.53 FEET TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 1245.00 FEET, THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 10'21'37", AN ARC DISTANCE OF 225.13 FEET TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 1155.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 36'15'33", AN ARC DISTANCE OF 730.93 FEET TO A POINT OF TANGENCY WITH A LINE; THENCE NORTH 64'10'30" EAST ALONG SAID LINE, A DISTANCE OF 527.49 FEET TO A POINT OF NON RADIAL INTERSECTION WITH A CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 3050.00 FEET (THE RADIUS POINT OF SAID CURVE BEARS SOUTH 4527'22' WEST FROM THIS POINT), SAID CURVE ALSO BEING THE EASTERLY RIGHT-OF-WAY LINE OF COMMUNITY BOULEVARD (TRACT R-2) AS SHOWN ON SAID TRADITION PLAT NO. 12; THENCE TRAVERSING THE BOUNDARY OF SAID TRADITION PLAT NO, 12 BY THE FOLLOWING TEN (10) COURSES; 1. SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 00.27.22 AN ARC DISTANCE OF 24.28 FEET TO A POINT OF TANGENCY WITH A LINE 2. NORTH 45'00'00" WEST, A DISTANCE OF 534.88 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 70.00 FEET, 3. NORTHWESTERLY, NORTHERLY AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 116'38'21 AN ARC DISTANCE OF 14250 FEET TO A POINT OF COMPOUND CURVATURE WITH A CURVE CONCAVE TO THE SOUTH AND HAVING A RADIUS OF 410.00 FEET: 4. EASTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 3524'20", AN ARC DISTANCE OF 253.35 FEET TO A POINT OF TANGENCY WITH A LINE: 5. SOUTH 72'57'19" EAST ALONG SAID LINE, A DISTANCE OF 299.89 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE NORTH AND HAVING A RADIUS OF 420.00 FEET; 6. SOUTHEASTERLY, EASTERLY AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 30'22'14", AN ARC DISTANCE OF 222.63 FEET TO A POINT OF COMPOUND CURVATURE WITH A CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 2766.70 FEET; 7. NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 20'12'33", AN ARC DISTANCE OF 975.86 FEET TO A POINT OF COMPOUND CURVATURE WITH A CURVE CONCAVE TO 111E NORTHWEST AND HAVING A RADIUS OF 750.00 FEET; IISEE SHEETS 6 THROUGH 9 FOR SKETCH Sheet 2 of 911 DESCRIPTION OF CDD-3 File. CULPEPPER & TEFIPENING, INC 08--242-WA-05 _ Date: CONSULTING ENOINEERS 1 LAND SURVEYORS 2980 SOt;.n[ 25,h STKP". rokTPtF.kCE, FSAAIDA 34g8I 9-03-2013 P"O\m 77Z464-3S37 • FAX 772.464-w97. '51 SW FT�WJ.ER AVP.77l,E . SIUAW-, FTA-)R1nA 349'Ii M0NP.772-22&1376. FAX772-444"7 Tech: BKH Packet Pg. 278 8.A.3.d LEGAL DESCRIPTION THIS IS NOT A SURVEY 8. NORTHEASTERLY ALONG THE AR4C OF SAID CURVE, THRU A CENTRAL ANGLE OF 26'32'27% AN ARC DISTANCE OF 347.42 FEET TO A POINT OF TANGENCY WITH A LINE; 9. NORTH 29'55'27" EAST ALONG SAID LINE, A DISTANCE OF 116.18 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 4.00 FEET; 10. NORTHEASTERLY, EASTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 88'28'37", AN ARC DISTANCE OF 6.18 FEET TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 1200.00 FEET, SAID CURVE ALSO BEING THE SOUTHERLY RIGHT -OF --WAY LINE OF VILLAGE PARKWAY (TRACT R-1) AS SHOWN ON TRADITION PLAT NO. 10, RECORDED IN PLAT BOOK 43, PAGES 19, 19A THRU 19C, PUBLIC RECORDS OF SAID ST. LUCIE COUNTY, FLORIDA; THENCE TRAVERSING THE SOUTHERLY AND WESTERLY RIGHT-OF-WAY LINE BY THE FOLLOWING THIRTEEN (13) COURSES; 1. SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 10'47'56", AN ARC DISTANCE OF 225.17 FEET TO A POINT OF TANGENCY WITH A LINE; 2. SOUTH 72'23'51" EAST ALONG SAID LINE, A DISTANCE OF 736.53 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 602.61 FEET; 3. SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 67'45'48", AN ARC DISTANCE OF 712.70 FEET TO A POINT OF TANGENCY WITH A LINE; 4. SOUTH 04'38'03" EAST ALONG SAID LINE, A DISTANCE OF 346.26 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 1050.00 FEET; 5. SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 13'30'09", AN ARC DISTANCE OF 247.44 FEET TO A POINT OF TANGENCY WITH A LINE; 6. SOUTH 18'08'12" EAST ALONG SAID LINE, A DISTANCE OF 627.33 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 58.00 FEET; 7. SOUTHEASTERLY, SOUTHERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 49'08'12", AN ARC DISTANCE OF 49.74 FEET TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 130.00 FEET; 8. SOUTHWESTERLY, SOUTHERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 95'54'38", AN ARC DISTANCE OF 217.61 FEET TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 58.00 FEET; 9. SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 53'54'58", AN ARC DISTANCE OF 54.58 FEET TO A POINT OF COMPOUND CURVATURE WITH A CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 800.00 FEET; 1D. SOUTHERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 10'58'48", AN ARC DISTANCE OF 153.31 FEET TO A POINT OF TANGENCY WITH A LINE; 11. SOUTH 00'00'52" EAST ALONG SAID LINE, A DISTANCE OF 608.90 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 2050.00 FEET; 12. SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 13'01'56", AN ARC DISTANCE OF 468.28 FEET TO A POINT OF TANGENCY WITH A LINE; 13. SOUTH 13'02'47" EAST ALONG SAID LINE, A DISTANCE OF 213.79 FEET TO THE SOUTHWEST CORNER OF SAID VILLAGE PARKWAY (TRACT R-1) AS SHOWN ON SAID TRADITION PLAT NO. 10, SAID POINT ALSO BEING THE NORTHWEST CORNER OF VILLAGE PARKWAY (TRACT R-1) AS SHOWN ON SAID TRADITION PLAT NO. 6; THENCE CONTINUE SOUTH 13'02'47" EAST DEPARTING SAID WESTERLY RIGHT-OF-WAY LINE OF TRADITION PLAT NO. 10, ALONG THE WESTERLY RIGHT-OF-WAY OF SAID VILLAGE PARKWAY (TRACT R-1) OF TRADITION PLAT NO. 6, A DISTANCE OF 64.77 FEET TO A POINT OF CUSP WITH A CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 4.00 FEET, SAID CURVE ALSO BEING THE SOUTHERLY RfGHT-OF-WAY LINE OF STEPHANIE WAY (TRACT PR-1) AS SHOWN ON SAID TRADITION PLAT NO, 17; THENCE TRAVERSING SAID SOUTHERLY RIGHT-OF-WAY LINE BY THE FOLLOWING THREE (3) COURSES; 1. NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 76'57'13", AN ARC DISTANCE OF 5.37 FEET TO A POINT OF TANGENCY WITH A LINE; 2. NORTH 90'00'00" WEST ALONG SAID LINE, A DISTANCE OF 1249.56 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 4.00 FEET; 3. SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 90'00'00", AN ARC DISTANCE OF 6.28 FEET TO A POINT OF INTERSECTION WITH THE WEST LINE OF PARCEL "I" AS SHOWN ON SAID TRADITION PLAT NO, 17; I E SEE SHEETS 6 THROUGH 9 FOR SKETCH Sheet 3 of 9I 1 DESCRIPTION OF CDD-3 File: CULPEPPER & TERPENING, INC 08-242-WA-05 Dote: CONSULTING ENGINEERS I LANO SURVEYORS 2980SOU'TH 25J.S-FRIih-T. FGATPf• FLORIDA 349Ft 9--03-2013 PHONL 772-464-351?. FAX 7?24"9497. ww -N- isi S%V 17.AGIFx AVEiI9R • Sll.ART,F)1)E1DA 3fV)f ,'HOVE?72.ZZU-3376. 1 AX 772-"4-9497 .avW,toccg cp¢, Tech: BKH MIT OF MAW A7A�'1S fMN Ia Ls Packet Pg. 279 1 8.A.3.d LEGAL DESCRIPTION THIS IS NOT A SURVEY THENCE TRAVERSING SAID WEST LINE BY THE FOLLOWING TWO (2) COURSES; I. SOUTH 00'00'00" WEST ALONG SAID LINE, A DISTANCE OF 231.96 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE NORTEAST AND HAVING A RADIUS OF 4.00 FEET; 2. SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 90'00'00", AN ARC DISTANCE OF 6.28 FEET TO A POINT OF CUSP WITH A LINE, SAID LINE ALSO BEING THE NORTHERLY RIGHT-OF-WAY LINE OF MEETING STREET (TRACT PR-1) AS SHOWN ON SAID TRADITION PLAT NO. 17; THENCE TRAVERSING SAID NORTHERLY RIGHT-OF-WAY LINE BY THE FOLLOWING TWO (2) COURSES; I. SOUTH 89'59'59" WEST ALONG SAID LINE, A DISTANCE OF 349.02 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 275.00 FEET; 2. SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 18'02'57", AN ARC DISTANCE OF 86.63 FEET TO A POINT OF RADIAL INTERSECTION WITH A LINE; THENCE SOUTH 18'02'57" EAST ALONG SAID RADIAL LINE, DEPARTING SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 60.00 FEET TO THE NORTHEAST CORNER OF PARCEL "A" AS SHOWN ON SAID TRADITION PLAT NO. 17; THENCE TRAVERSING THE BOUNDARY OF SAID PARCEL "A" BY THE FOLLOWING THIRTEEN (13) COURSES; 1. CONTINUE SOUTH 18'02'57" EAST, A DISTANCE OF 20,00 FEET TO A POINT OF RADIAL INTERSECTION WITH A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 195.00 FEET; 2. SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 13'17'30", AN ARC DISTANCE OF 45.24 FEET TO A POINT OF COMPOUND CURVATURE WITH A CURVE CONCAVE TO THE SOUTHEAST AND HAVING A RADIUS OF 20.00 FEET; 3. SOUTHWESTERLY AND SOUTHERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 51'37'48", AN ARC DISTANCE OF 18.02 FEET TO A POINT OF COMPOUND CURVATURE WITH A CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 183.77 FEET; 4. SOUTHERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 49'43'45", AN ARC DISTANCE OF 159,50 FEET TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 215.00 FEET; 5. SOUTHEASTERLY, SOUTHERLY AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 62'11'57", AN ARC DISTANCE OF 233.40 FEET TO A POINT OF TANGENCY WITH A LINE; 6. SOUTH 19'29'57" WEST ALONG SAID LINE, A DISTANCE OF 130.44 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 220.00 FEET; 7. SOUTHWESTERLY, WESTERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 92'09'00", AN ARC DISTANCE OF 353.83 FEET TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 479.85 FEET; 8. NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 20'45'17", AN ARC DISTANCE OF 173.82 FEET TO A POINT OF REVERSE CURVATURE WITH A CURVF CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 210.00 FEET; 9. NORTHWESTERLY, NORTHERLY AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 101'15'23", AN ARC DISTANCE OF 371.12 FEET TO A POINT OF TANGENCY WITH A LINE; 10. NORTH 12'09'03" EAST ALONG SAID LINE, A DISTANCE OF 75.28 FEET TO A POINT OF CURVATURE WITH A CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 180.00 FEET; 11. NORTHEASTERLY, NORTHERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 33'47'55", AN ARC DISTANCE OF 106.18 FEET TO A POINT OF REVERSE CURATURE WITH A CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 220.00 FEET; 12. NORTHWESTERLY ALONG THE ARC OF SAID CURVE, THRU A CENTRAL ANGLE OF 20'11'09", AN ARC DISTANCE OF 77.51 FEET TO A POINT OF TANGENCY WITH A LINE; 13. NORTH 01'27'44" WEST ALONG SAID LINE, A DISTANCE OF 28.90 FEET TO THE NORTHWEST CORNER OF SAID PARCEL "A", SAID POINT ALSO LYING ON THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID MEETING STREET; THENCE TRAVERSING SAID SOUTHERLY RIGHT-OF-WAY LINE BY THE FOLLOWING TWO (2) COURSES; 1. NORTH 90'00'00" WEST DEPARTING SAID BOUNDARY, A DISTANCE OF 150.64 FEET; 2. SOUTH 45'D7'04" WEST, A DISTANCE OF 35.44 FEET TO A POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF COMMUNITY BOULEVARD (TRACT R-2) AS SHOWN ON SAID TRADITION PLAT NO. 17; I I SEE SHEETS 6 THROUGH 9 FOR SKETCH Sheet 4 of 911 DESCRIPTION OF CDD-3 File. CULPEPPER & TERPENING, INC 08- 242- WA-05 07 Date: CONSULTING ENOINEERS I LAND SURVEYORS 29EGS0Vn12SJ.S1 =r. F01rr PMCr, FLOILDA 347e1 9-03-2013 P1IONS 7714"3537. FAX'n-4a4-9497; --` „=T 151 SM PLACLNR AV2NUE - STUART. 4'LUIUDA 31rN P11024E 772-22n-3376• FXX 772-4"9M way.cl -F,.- Tech: BKH rUM*rU )M%(EKY KAnDY-UO Packet Pg. 280 1 8.A.3.d LEGAL DESCRIPTION THIS IS NOT A SURVEY THENCE SOUTH 0014'07" WEST DEPARnNG SAID SOUTHERLY RIGHT—OF—WAY LINE, ALONG SAID EASTERLY RIGHT—OF—WAY LINE, A DISTANCE OF 19.80 FEET TO THE POINT OF BEGINNING. EXCEPTING FROM THE ABOVE DESCRIBED PARCEL ALL OF PARCEL "A" AS SHOWN ON THE PLAT OF TRADITION PLAT NO. 17, RECORDED IN PLAT BOOK 43, PAGES 22, 22A — 22F, PUBLIC RECORDS OF SAINT LUCIE COUNTY, FLORIDA. CONTAINING 560.629 ACRES OF LAND, MORE OR LESS. II SEE SHEETS 6 THROUGH 9 FOR SKETCH Sheet 5 of 911 DESCRIPTION OF CDD-3 File: ,CULPEPPER & TERPENING, INC 08-242—WA-05 Dote, CONSULTING ENGINEERS I LAND SURVEYORS 29U0 SUl7l}I 75d S'fRHET. FORT PI �.G. FL[]R]DA 11981 9-03-2013 131 SLI P -22C 3.3 AV6NLB .SIIIART, FT�RiDA 1i99J Pif()NL•772-271}1376. NAx T72�6}9g97 vwv.�(-�,y��vm Tech: BKH SrA 1 U/',LCXJU�U� nCl.LT. uws Packet Pg. 281 1 8.A.3.d SKETCH TO ACCOMPANY LEGAL DESCRIPTION THIS IS NOT A SURVEY LEGEND: N18'08'12"W R = RADIUS 627.33' A = DELTA R=58.00' (TOTAL) L =LENGTH 49'08'12" N.R. - NON RADIAL MATCH LINE L=49.7 R-130.04' A-=95"54'38" O,S.T.= OPEN SPACE TRACT SEE SHEET 8 ACADEW WAY TRACT PR-9 L=217.61' P.B. = PLAT BOOK PGS. = PAGES P.O.Br POINT OF BEGINNING P.O.C.= POINT OF CO19MENCMENT I� I ` R=58.00' Z RAD. = RADIAL l J A=53'54'5$" 5 CDD = COMMUNITY DEVELOPMENT I L=54.58 DISTRICT TRADITION PUT N0. 4 a R=800 DO, o P.B. 43, PCS. 5 & 5 av 1, A=10'S8`48 -� I- N sW 0144 L-153.31' o S,; SECT1o�1 9 SE 1/4 SECTION 0 0 0 6iL SW 1/4 SE 1/4 SECTON 9 °o o m LINE CHAR 550' (— , . SECTION 9 1n to T F a p U —DIRECTION DISTANCE- L1 S89.59 59 349.02 t <,d ' PLAT NO.ON 21 to L2 St8'02' eOOo } P.B. 44, PGS. 21 L3 z000' CDD-3 1.& IT)43 UNPLATTED I R=2050,00' —�i 7-29 N12'09 03 E 75.28 P.B. 43, PGS. 4, 4A :n 1L.B N o2 44 w 2s 64 560.629 ACRES +�— I IA=13'01'56" 1 �o L7 0 04 W 35.44 L=466.28' D• L8 So0'14o7 W 19.e0 S13'02'47 `E N71'57'03"E 231.52' �� 13=593.00' ` 213,79' A=18'02'57" r 1 �W1a1 e ATRTM-PCAT-N�1 P.B. 43. PGS. 20 do L=186.81' ' R=4.00' UNPLATTEO FUTURE Iw I Ii A=90'00'00" S13 02'47"E� 1 m TRADITION -� R=4.00' J L=6.28' 64.7T o D P.O.B. PLAT NO. 30 toy+ ---A=90'0o"I N90'00'00"W1249,56' -1 NORTHEAST CORNER ( TRADITION PLAT N . L=6.28 -j C7 w OF TRADITION PLAT NO. r Fo,� B. 42, P 3, 3A rS,00'00'OQ"W R=4. ) P.B. 42, PGS 5, Sa-5F �i ` L2 2 PAR.1231.96' P, A=76'57'13" 1 L=5.37 PARm i I` J LL6 _ PAn61 I Fl y f-7 \ L1^— —� m � R-220.00' I n A 4943'4FW m -'pis=20 11'09" r �� L=159.50 L=18,02' N J J L-77.51' e' Rm180.00' = f M L4 33'47'S,5" R=2MOO' L-106.ta a=62'tl'S7" ADIT1IXd PLAT N4 a' 7RAa PRCR RAT i14 n L=233.40' P""`a0 v B. 44 PGS 4, 4A-41 >I 5373 AG ' f j R=210. 2 , N°N PARtFLD LI C---A-t01.15 23' Si 9'29130,4 , PAW& o' 0 371.1?% 130.44' \ , in ZCO R=479.85' SECTION UNE h. //z ��U�? Q zl , ,y D \ v3 A=20*4517* R=220,00' 4 n SW 1 9 / ` L--173.82' TRADITION PIAT NO. 17 J , ` 0 92'09'00' P.B. DI PGS. 22, NO. 17 F 1-353.83' r6 �j F UNPLATTED = SECTION 9 SE 1/4 SECTION 9 i ` p\ J 1 SE 1/4 In ' SECT" 10 -----� J SECT[ �C4 Z M (TOTAL) TRADI110N PLAT NO, 11 r TRADITION PARKWAY CTION UNE SECTION s o ID OTION UNE SECTION 10 0 r (N.R.) P.B. 45, PGS. 22-2 "'J71 i >> TRACT R-3 TRADITION P1J17 NO, 6SECTIOM 16 is /6 SECTION 15 m N 589T�'RRS7 05 W 1328.92' �.,,Q�,� NO• 4� � CUR .B. 4$ PGS. 5, 5A- NW 1/4 UNPLATTED IO O. 19 P PLAT � �" CURVE RADIUS DELTA LENGTH C 19500 3 30 45.24' SECTIDN 15 NY! 1/4 NE 1/4 secnoN C2 oz a7 Bs.83 sEcnoN to 18 C3 4 20.Bi C4 300.00 9873 OS 514. 77 SEE SHEETS 1 THROUGH 5 OF 9 FOR DESCRIPTION Sheet 6 of 9 11 t1 0) V C C L 0 C a� E t File: CULPEPPER & TERPENING, INC SKETCH OF DESCRIPTION 08-242—WA-05 r e CON SULTINO ENGINEERS I LAND SURVEYORS Q OF Date: 2013 2M SO[Ur" 25,A STRFET. FORT PLHRCF, FLORMA 3349981 PHCWF.7n4d4.3337. PAX 77"4.9497. w.ra.•n CDD- 3 IA SWFLACAFR AVP.NUF.. STuART 17.UROA MOW PFK3Nli 772-220.337G. FAX 77L4l49497 rtvr. —grnm Tech' BKH 3TAMIFFIJNQI41rXATWCAMXN. Ia. Packet Pg. 282 8.A.3.d SKETCH TO ACCOMPANY LEGAL DESCRIPTION THIS IS NOT A SURVEY LEGEND: R = RADIUS P.O.B.= POINT OF DEOINNINO A DELTA P.O.C.= POINT OF N35'24'00"E L = LENGTH RAO. COMMENCEMENT N.R. = NON RADIALCOD = RADIAL 87.48' P.B. = PLAT BOOK PGS.= PAGES COMMUNITY DEVELOPMENT N00'45'41"ESN DISTRICT 132.15' J w N06'49'06" W A I,: — LINE CHAR w W LINE u DIRECTIONT DISTANCE s21 18 E 37. N01'35'43"E 525 56 4 43 Z 77.02' L3 S30T11 E J386 c�i S336 933E 29,44 N09'59'53" US 220.16' SCALE: 1" = 550' L 443 55.53 L7 s59ros 35 E 3 9 N27"38'00"W 1/4 SECTION SECTION LINE NW 1 /4 9 SECTION SW 1 4 9 SECT) NE 1 //4 286.71' N 9 SE t 4 0-250 00, 3' 4 44" 51.84' R-1465.00' 6-32'21'05"- L=827.19' a N SECTION9 SECTION9 UNPIATfE6 FUTURE (�-59'03'56" TRADlrrau -k\L=257.72' PLAT NO. 15 (Is .R.) N12'20'57"W 17. 104 .38' ��8� N32'46'15 � 133.95' R=960.00' A=42'31'23" �' L=712 48' N10'25'3 9.23' 3 O U iF7 �n (0 p TRADITION PLAT NO. 16 p P.A. 11. POS. 12, z 12A-12J W CDD-3 LO 0 560.629 ACRES +/ 00 S.W. CORNER OF RMTION PLAT NO. 16 S89 "57,05- 2541.72' _SECTIOfj a - SECTION 17 0'53' 39"E 125.53' R=2862.4§' A=2 47 56 ,.1 i► R978.88' L=139.83' A TC`N ov = Sff S ` �fA/ �� f 11175 14' (0w / -gyp - - ,eS. i l0 0 c0 ISo27y1? �� �y� uNPLATTED w = 516" U) R=269.77' .. F (NR) �55'31'39" w In S4338'14"E L=261.44' W rp 222.89' _r1/4 SECTION LINE SECTION 9 1z U FUTURE ~ TRADITION PLAT NO. 30 UNPLATTED Q REC TRACE- N84'37'09"E —TRADITION 6 138.94' 1 .FLAP NO. 16 O, ADITION PLAT N0. ' I i •I I I ~WW 0 l; l •� f w V�kR=1500.00' 6=12'06'05" �_� 112346"- L=316.82' L=337.79` e 9 FUTURE TRADITION -- SECTON 9— PLAT NO. 23 -- — — = 17 SECTON 16 S.W. CORNER SECTIO SECTION 16 TRADITION FLAT NO 11 R=1650.00' UNPLATTED TRADITION PLAT NO. 19,/""� A A=00'22.19"--___ P.D. 47, PGS. 32-84 V L=10.79'UNPLATTED W-9 t , _ PLATNO. 1 kL) 1328.92' I I SEE SHEETS 1 THROUGH 5 OF 9 FOR DESCRIP110N Sheet 7 of 911 SKETCH OF DESCRIPTION 08e'242-WA-05 OF Date: CDD- 3 9-03-2013 Tech: 8KH CULPEPPER & TERPENING, INC CONSULTING ENGINEERS LAND SURVEYORS "so sotrn 12111. sYri118Y' . FORTPIf:R CS', n oRmA 34m PI 101,E 772-461.3537 • FAX 7-2.4"-9497. e+.x.eeeel5 151 SW FLAGL< AVEN1R{ • 57i; ART, rLORIDA 34"4 401411772-22OW76, PAY 772STU4-9t4! "v vrr<n;nm - srstcor N.,unu mrtuxnlxnx.. u« Packet Pg. 281, Q 8.A.3.d SKETCH TO ACCOMPANY LEGAL DESCRIPTION THIS IS NOT A SURVEY a a O p u DU1II N y, SCALE: 1" = 550' - --SECTION LINE SECTION 4 , \ SECTION 9 �, UNPLATTED F A c��1r U U W R=410ti00' �' m 4 A=-35'24 20" 9. 'a L=253.36' UNPLA7TED JO\ z z R=70.Oo A=116'38'21 29g c L=142.50' FUTURE 001 15 PLATOITIONO. 6�1 19 O UNPLATTED R=1155.00' 36'15' 33" L=730.93' R=124�.00' UNPLATTED —10'21 37" L=225.13' FUTURE TRADITION PLAT NO. 30 f'4 �( )) RT�27Lg1�f,L-r LLJ —15'09`16' Z n Z u3 L=192.53' .Jto Uj F- UNPLATTED x I X N I Ld 1 TRADITION PLAT NO, id tr; P.B. 44, PGS. 30-44 /4 SECTON LINE SECTION 4 VNPLATTED FUTURE R=4.00' TRADITION A=88'28'37" PLAT NO. 29 L=6.18' N29'55'27 ---SECTION LINE 116.18' R=750.00' TRADITION A=26'32'27"—, PLAT NO. 12 L=347.42' P.B. 44, PGS. 3, 3A-JD--� Rom° y31 1.= _ —1/4 SECTION LINE SECTION 9 R=305Q O4' FUTURE A=0'27 22' TRADITION L=24.26' PLAT NO rat CDQ-3 0.629 ACRES +/- `�Y3A- TED 1 1 ADITION PLAT TRADITION 1 \�^ P.B. 44. PGS. J PLAT N0. 8`Sau.B. 44, PCS. 2-5128 , UNPLATTED LLJ m _Z J F \ mm PLAT No. 10 w z P.B. 43, PGS. 19, t9A-19C t-- w Q 'o '00.00' '. 26.17' y TRADITION PLAT NO. 7 'C P.D. 44, PGS. 7-7A MATCH LIN - `� SEE SHEET I (��j1 I UNPLATTED `� =TRADITI I PLAT NO. - B. 43. PGS. 5A & 5 LEGEND: , I '-4-% �t R = RADIUS P.O.B.= POINT OF BEGINNING A = DELTA P.D.C.= POINT OF COMMENCEMENT L LENGTH RAD. = RADIAL N.R. = NON RADIAL CDO = COMMUNITY DEVELOPMENT DISTRICT P.B. = PLAT BOOK PGS. + PAGES LOT 1 T PARK A TRACT PP-7 TRADITION �i- PLAT ND. 7 P.B. 44, PGS. 7-7A NTION PLAT NO. 9 44. PGS. 2, 2A & 1 2e I I SEE SHEETS 1 THROUGH 5 OF 9 FOR DESCRIPTION Sheet 8 of 9� I SKETCH OF DESCRIPTION 08-242-WA-05 OF Dote: CDD-3 9-03-2013 Tech: BKH CULPEPPER & TERPENING, INC m CONSULTING ENGINEERS I LAND SURVEYORS r-. Q 2W S017M 2315STRFEC. FORTMERCF FLORIDA 34981 PHONU 772..164J517. FAX 772464.9M1'. v.".v<orgl.rov. 131 SW MAGLRR AVRNUB • NTUA". PLOWDA 349% PIIONPi 772-2W13376• FAX 7n-VA-94W �w cay;.cwn FTATM1IIf IIAAt1UA (f1{tIM:11Mi� 1(a 1166 Packet Pg. 284 8.A.3.d SKETCH TO ACCOMPANY LEGAL DESCRIPTION { THIS IS NOT A SURVEY 1 TRADITION PI AT NO. 18 S P.B. 44, PGS 30-44 t I v� \� UNPLATTEO LL1 —� w SCALE: 1" = 55V \� TRADON PLAT NO. 10 ' S IT �Z P.B. 43, PGS. 19, N 9t 19A-19C U PORT ST. LUCIE SECTION 35 Q P.B. 15, PGS. 10, IOA-1 3 � seclloN LINE sEcnorT 3 SECM4 IC 3 UNPLATTEO � R=602.61' e=67'45'48" L=712.70' ADITION PLAT NO, 10 P.R. 43 PGS, 19, 19A-19C S CDD-3 0 ; 60.629 ACRES +/ (A Cy N O p A WEST PARK AVE OF " f Irmm P -7 TRADITION r*i R=1050,00' PLAT N0. 7 M=13'30'09' P.B. 44, PGS 7-7A UNPLAT7ED \ LOT 1 1-=247.44' v 0 UNPLATTED L)bI a� ACAOf3AC WAY TRADITION TRACT PR-3 R=130.00' PLAT NO, 8 SECTION LINE—R=58,00 1 A--95'54'38" P.B. 44. PGS. 25-26 , 0=49'08,12" L=217,61' ACADEMIC wAY L=49.74 1RACT PH-9 TRADITION 4, GS 2, 2A I MATCH LINE I ze _ __ I SEE SHEET 6 i I TRADITION R. 43, yyP``GS.a11SA & 5 — 1 EGEND; R — RADIUS P.O.B,— POINT OF BEGINNING A — DELTA P.O.C.= POINT OF COMMENCEMENT L — LENGTH RAO. — RADIAL N.R. = NON RADIAL COD — COMMUNITY DEVELOPMENT DISTRICT P.B. = PLAT BOOK PGS.— PACES I SEE SHEETS t THROUGH 5 OF 9 FOR DESCRIPTION Sheet 9 of 9I I SKETCH OF DESCRIPTION Fil 08—e:242--WA-05 OF Date: CDD-3 9-03-2013 Tech: 6KH CUL.PEPPER & TERPENING, INC CONSULT f NO ENGINEERS I LAND SURVEYORS 29M SOUTH 25.L STREET. iWRT PIDRCE, FLORIDA 349N1 PHU"U 772-464-3537 • FAX 772-464.9497 . —.Ag< ISL SAP PL.A(MLR AYLNUYS. STUART, FLORIDA 34"4 P.M. 772-22n-33T6. FAX TTZ-W-9497 ward- g— .RAi6OF fuAUUAfkn. ]FK 153.>\ K.. L/4Y. r Q Packet Pg. 285 1 M 8.A.3.e CITY OF PORT ST. LUCIE, FLORIDA RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ST. LUCIE, FLORIDA, APPROVING THE PROPOSED AMENDMENT BY ST. LUCIE COUNTY, FLORIDA, TO THE COUNTY ORDINANCE, AS AMENDED, ESTABLISHING TRADITION COMMUNITY DEVELOPMENT DISTRICT NO. 3 TO PROVIDE FOR THE CONTRACTION OF THE BOUNDARIES OF SUCH DISTRICT; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ST. LUCIE, FLORIDA: SECTION 1. AUTHORITY FOR THIS RESOLUTION. The City of Port St. Lucie, Florida ("City") is authorized to adopt this resolution under the authority granted by the provisions of Chapter 166, Florida Statutes, as amended, and other applicable provisions of law. SECTION 2. FINDINGS. It is hereby found and determined that: A. St. Lucie County, Florida ("County") has established Tradition Community Development District No. 3 (formerly Westchester Community Development District No. 3) ("CDD No. 3") and Tradition Community Development District No. I (formerly Westchester Community Development District No. 1) ("CDD No. I") pursuant to the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes, as amended ("Act") and other applicable law. Subsequent to the establishment of CDD No. 3 and CDD No. 1, all of the property within the boundaries of the CDD No. 3 and CDD No. 1 was annexed into the City. B. CDD No. 3 and CDD No. 1 have determined to reconfigure their respective boundaries and have each submitted petitions (each, a "Petition") to the County seeking an amendment to their respective boundaries. The Petition submitted by CDD No. 3 seeks to exclude approximately 8.573 acres that are currently included in its boundaries. The Petition submitted by CDD No. 1 seeks to include such acreage within its boundaries. Attached as an exhibit to this Resolution is a map and description of the acreage to be excluded from the boundaries of CDD No. 3 and included within the boundaries of CDD No. 1. C. Section 190.046(I)(b) of the Act provides that, for community development districts initially established by county ordinance, a petition for ordinance amendment seeking boundary changes shall be filed with the county commission. Section 190.046(1)(b) further provides that if the land to be included or excluded is, in whole or in part, within the boundaries of a municipality, then the county commission shall not amend the ordinance without municipal approval. Accordingly, CDD No. 3 has requested that the City approve the amendment to the County ordinance, as amended, establishing CDD No. 3 ("County Ordinance") to accomplish the Packet Pg. 286 8.A.3.e amendment to the boundaries of CDD No. 3 described in this Resolution and the City desires to grant such approval and consent. SECTION 3. APPROVAL AND CONSENT. The City hereby approves the amendment by the County of the County Ordinance to amend the boundaries of CDD No. 3 as described in this Resolution. The appropriate representatives of the City are hereby authorized and directed to submit this Resolution to the County to evidence such approval and consent. SECTION 4. SEVERABILITY AND INVALID PROVISIONS. If any one or more of the covenants, agreements, or provisions contained in this Resolution shall be held contrary to any express provision of law or contrary to the policy of express law, but not expressly prohibited or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements, or provisions shall be null and void and shall be deemed separable from the remaining covenants, agreements, or provisions and shall in no way effect the validity of the other provisions of this Resolution. SECTION 5. RESOLUTION EFFECTIVE. This resolution shall take effect immediately upon adoption. PASSED AND DULY ADOPTED this day of 12013. ATTEST: CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form: CITY ATTORNEY CITY OF PORT ST. LUCIE, FLORIDA MAYOR 2 Packet Pg. 287 8.A.3.e EXHIBIT MAP AND DESCRIPTION OF PROPERTY TO BE EXCLUDED FROM CDD NO.3 AND INCLUDED WITHIN CDD NO. I Packet Pg. 288 8.A.3.e Lakeview LEGEND Site I.D. Number Site Boundary �• Utility Service 0__q OTE: Utility Locations Shown On This Illustration Are General. Refer To The Appropriate "As -Built" For More Detail. Utility Easements Not Shown. Refer To Appropriate Plat. / e N KEY MAP B.P. B-1 S Packet Pg. 289 8.A.3.e PARCEL DESCRIPTION (Property to Move from Tradition Community Development District No. 3 to Tradition Community Development District No. 1) All of Parcel "A," as shown on the plat of Tradition Plat No. 17, recorded in Plat Book 43, Pages 22 and 22A through 22F, of the Public Records of St. Lucie County, Florida. Containing 8.573 acres of land, more or less. Tax Identification No.: 4309-803-0008-000-1 Owner: Tradition Land Company, LLC, an Iowa limited liability company authorized to transact business in the State of Florida Packet Pg. 290 8.A.4 ITEM NO. (ID # 1796) COUNTY �. F L Q R I D A - TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: DATE: 02/04/2014 AGENDA REQUEST *PUBLIC HEARINGS Board of County Commissioners Katherine Barbieri, Asst. County Attorney County Attorney Request for an Order pursuant to Article II, Chapter 2-5 of the St. Lucie County Code of Ordinances and Compiled Laws, to demolish the Unsafe Structure at 2917 N. A1A, Fort Pierce. Under the provisions of Article III of Chapter 2-5 of the St. Lucie County Code of Ordinances and Compiled Laws, the building located at 2917 N. A1A, Fort Pierce, Florida was inspected by the Building Official on October 21, 2013; where it was determined to be manifestly unsafe and unsanitary for use. The building in its current condition constitutes a public nuisance. Please see photographs and a copy of the Building Official Report attached describing the condition of the building. PREVIOUS ACTION: On November 5, 2013, the Board of County Commissioners declared the building to be unsafe and constitutes a nuisance and authorized a public hearing to be held to consider appropriate action to abate the safety hazard. To date, no permits have been applied to bring this structure up to code. All interested parties have been notified that a public hearing would be held to determine what further action should be taken, which may include an Order to demolish the structure and place a lien on the property. Notice was also placed in the St. Lucie News Tribune for four consecutive weeks beginning December 13, 2013. FINANCIAL IMPACT: There are sufficent funds in the Code Compliance budget to contract for the demolition work (102-2415- 534000-200) RECOMMENDATION: Pursuant to the provisions of Article III of Chapter 2-5 of the St. Lucie County Code of Ordinances and Compiled Laws, staff recommends that the Board give the Code Enforcement Department permission to proceed to use the lowest bidder to demolish the structure and clean the property of all junk, trash and debris, and assess the entire cost of such demolition against the real property which shall constitute a lien payable to St. Lucie County. [0 ►] Ti1►�ifRS1119P►I_Ts"191 F Packet Pg. 291 8.A.4 RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Kim Johnson, District No. 5 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson Coordination/Signatures anie s. McIntyre, C my ttorney 12/18/2013 deb bentkofsky, Deputy Cofanty Administrate 1/ 3/2014 updated: 11/25/2013 3S2 PM by Carol Bishop Page 2 Packet Pg. 292 8.A.4.a PLANNING & DEVELOPMENT BOARD OF SERVICES DEPARTMENT COUNTY L COMMISSIONERS . Building & Code a Regulation Division c U- a BUILDING OFFICIAL REPORT a 10/21/13 Far 2 LLC 401 East Las Olas Blvd., #800 Ft Lauderdale, FL 33301 Re: 2917 N AlA, FT PIERCE, FL The building at the above reference address has been significantly damaged and is manifestly unsafe and unsanitary for use. This building in its current condition constitutes a public nuisance. Specific conditions which exist includes: Damage to the interior and exterior structure and roof damage. The structural integrity is therefore compromised. Under the provisions of Section 302.1.1 of the Standard Unsafe Building Code, the building located at 2917 N. AlA, Ft. Pierce, Florida is determined to be UNSAFE. The property must be brought into. compliance by demolishing the structure within thirty (30) days or this property will be brought before the Board of County Commissioners for condemnation consideration. If you need to discuss this matter further, you can reach me at (772) 462-1553. Th you for your time, Ken Arnold Building Supervisor Building Official — St. Lucie County 'HRIS DZADOVSKY, District No. I - DOUG COWARD, District No. 2 • PAULA A. LEWIS, District No. 3 - CHARLES GRANDE, District No. 4 • CHRIS CRAFT, District No. 5 County Administrator — Faye W. Outlaw, MPA Website: www.stlucieco.org 2300 Virginia Avenue • Fort Pieroe, FL. 34982-5652 PERMITTING AND ZONING: Phone (772) 462-1553 FAX (772) 462-1578 CONTRACTOR LICENSING: (772) 462-1673 - CODE ENFORCEMENT: (772) 462-1571 - INSPECTIONS: (772) 462-2165 FAX: (772) 462-6443 Packet Pg. 293 8.A.4.a BOARD OF COUNTY - - - PLANNING & COMMISSIONERS • DEVELOPMENT SERVICES r L Notice of Violation - u_ St. Lucie County a Building and Code Regulation Division a 10/1512013 FAR 2 LLC 401 EAST LAS OLAS BLVD # 800 FORT LAUDERDALE FL 33301 Case number: 78468 1. Pursuant to Article III of Chapter 1-2 of the Code of Ordinances of Saint Lucie County, Florida, you are hereby notified that the following violations appear to exist on the property described below: 2917 N A1A FORT PIERCE Tax ID number:142570101530007 Legal description: Please see attached Violation description: Please see attached 2. The violation must be corrected by: 11/8/2013 3. Failure to correct the violation may result in the scheduling of a public hearing before the St. Lucie County Code Enforcement Board. If the Board schedules a hearing, the Board Is empowered to levy a fine not to exceed $250.00 per day for each day the violation continues past the date set for compliance. A fine not to exceed $500.00 per day may be levied for a repeat violation. The fine may become a lien upon the real or personal property of the violator. 4. When you have corrected the violation(s) or should you require any additional information regarding this notice, please contact the St. Lucie County Building and Code Regulation Division at (772) 462-1671 Monica Vargas Barrios Code Compliance Phone:(772) 462-1542 Fax,(772) 462-1148 Atencion: Documento importante con respecto a sus derechos y responsabilidades. SI usted no comprende Ingles consiga traduccion inmediatamente. 2300 Virginia Avenue, Ft. Pierce, FL 34982 Building and Code Regulation: (772) 462-1571 FAX (772) 462-6214 Packet Pg. 294 8.A.4.a i Violations found on case 78468 Ordinance 13.08,01 SLC LDC ADOPTING STANDARD HOUSING CODE Finding SECTION 304.1 EXTERIOR STRUCTURE: THE EXTERIOR OF STRUCTURES MUST PERFORM FOUR PRIMARY FUNCTIONS. IT MUST BE IN GOOD REPAIR, IT MUST BE STRUCTUALLY SOUND, IT MUST BE KEPT IN SANITARY CONDITION, AND IT MUST BE CAPABLE OF PREVENTING THE ELEMENTS AND RODENTS FROM ENTERING THE INTERIOR AREAS, PLEASE SECURE THE STRUCTURE,BE SURE ALL DOORS & WINDOWS ARE CLOSED AND NOT ACCESSABLE. Ordinance 11.05.01 SLC LDC BUILDING AND SIGN PERMITS Finding PLEASE OBTAIN A DEMOLITION PERMIT AS PERMIT # 1303,0074 HAS EXPIRE. Tuesd(V, October IS, 2013 Page I of I t 0 a m Ta O am c =a 3 m N N ti r C d E t U fC a+ Q Packet Pg. 295 8.A.4.a Property Appraiser - St.Lucie County, FL Far 2 LLC Record: 1 of 1 Property Identification Site Address: 2917 N Al Sec/Town/Range: 25 :34S :40E Map ID: 14125S Zoning: CG Ownership and Mailing Owner. Far 2 LLC Address: 401 East Las Olas By #800 Fort Lauderdale FL 33301 Page 1 of 1 PROPERTY RECORD CARD <<Prev Next» Spec.Assmnt Taxes Exemptions Permits Home Print �uclr ParcellD: 1425-701.0153-000-7 � Account #: 9160 Use Type: COM SHOP CNT City/Cnty: Saint Lucie County AZA Legal Description CORAL COVE BEACH -SECTION ONE -TRACT A, E-1 AND F-1 AND ALL ELKS 8 AND 9 AND VAC ALLEY ADJ ON S OF BLK M-ore.., Sales Information Assessment 2013 Date Price Code Deed Book/Page 2013 TRIM: 3131600 8/22/2013 0 0111 CT 3552/0978 Assessed: 3131800 5/26/2005 5950000 02 SP 2258 / 2376 Ag.Credit 0 4r23/2004 3315000 03 WD 1957 / 2805 Exempt: 7/13/1999 770000 02 WD 1263 / 0940 Taxable: 11/30/1990 1000000 02 QC 0721 / 1015 Taxes: e3426.17 12/31/1988 100 01 QC 0721/1012 8/1/1983 0 02 CV 0402 / 2991 3/1/1980 1600000 02 CV 0361 / 1581 8/1/1978 0 01 CV 0289 / 0247 BUILDING INFORMATION �b Total Land and Building Land Value: 3084000 Acres: 9.44 Building Value: 47800 Finished Area 7677 SgFt Exterior Features View: RoofCover TG - Tar 6 Gravel RoofStruct:. FS - Flat/Shed ExtType: NSCT - SHOP CTR YearBil: 1975 Frame: Grade: Y_D - Commer D EffYrBll: 1975 PrimeWall: BS - CB Stucco StoryHghl: 0010 -1 Story No.Units: 5 SecWall: Interior Features BedRooms: 0 Electric: MX - MAXIMUM PnnlntWalk DW - Drywall FullBath: 0 HeatType: FHA - FrcdHotAir AvgHVFi: 1/2Bath: 0 HeatFuel: ELEC- Electric Prm.Flors: CA-ATL/CON %A/C: 100 %Healed: 100 %Sprinkled: 0 Special Features and Yard Items Land Information Type Y/S Qty. Units Qual. Cond. YrBll No. Use Type Type Measure Depth ASP2 - ASP2 LOW Y 1 25250 AV AV 1955 1 1600-COM SHOP CNT XI-SgFeelRate 2 411206 CNC2 - CONCRETE LOW Y 1 1200 AV AV 1955 CURB - CEMENT CURB Y 1 165 AV AV 1955 THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED. 10/15/2013 al http://www.pasle.org/pasle/prc.asp?prclid=142570101530007 Packet Pg. 296 8.AAb G RESALES i i y 0 . 0 s a rr Q Packet Pg. 297 -ar — Adpp, ". A 40 '41W *M AOW.Ir Wwl '6\ ;Asa!, 'r :RLZW fA=Mw;' L TAW LVA�v �VAM=-rJMOQW: 11 j a { f rl f I` _ ..•ter'' 8.A.4.b ♦ '_Fi 1^ r t •O " E Q yt L L O O r Packet Pg. 301 8.B.1 ITEM NO. RES-2014-17 Mr DATE: 02/04/2014 COUNTY ' R 1. D AGENDA REQUEST *PUBLIC HEARINGS TO: Board of County Commissioners PRESENTED BY: Britton Wilson, Senior Planner SUBMITTED BY: Planning Division SUBJECT: Resolution 2014-17 - Jacobs Midway Commercial Rezoning from CO (Commercial Office) to CN (Commercial Neighborhood) - Quasi Judicial BACKGROUND: This is a petition by Mr. John Jacob's to rezone his property located at 102 Germani Drive with road frontage on Midway Road, from CO (Commercial Office) to CN (Commercial Neighborhood). The applicant has stated that the purpose of the proposed rezoning is to allow for a small retail pharmacy to support the adjacent medical practice to the east. The subject property is located on Midway Road, approximately 1,500 feet east of US Highway 1. Through the designation of a Commercial (COM) Future Land Use, this section of Midway Road has been identified for commercial redevelopment since the mid 1980's. Commercial development and redevelopment of this area is further supported by its proximity to US Highway 1, which is a high transportation and commercial corridor. Staff has received three letters from neighbors in support of the proposed rezoning (see attached). PREVIOUS ACTION: January 16, 2014 - Planning and Zoning Commission recommended approval of the petition by a unanimous vote (6-0). FINANCIAL IMPACT: N/A RECOMMENDATION: Approval of the proposed rezoning from CO (Commercial Office) to CN (Commercial Neighborhood). COMMISSION ACTION: Packet Pg. 302 8.B.1 RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Kim Johnson, District No. 5 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson Coordination/Signatures Mark 5 er ee, -PlannKg & De-v"Dli ector 1/22/2014 Danie 5. McIntyre, C my ttorney 1/22/2014 r r dtob bentkofsky, Deputy CbTinty Administrator 1/ 3/2014 updated: 1/27/2014 8:27 AM by Shane A. DeWitt Page 2 Packet Pg. 303 8.B.1.a 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 47 48 49 RESOLUTION 14-XXX FILE NO.: RZ 1120134701 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY AMENDING THE OFFICIAL ZONING ATLAS FOR A 0.33 ACRE (M.O.L.) PARCEL OF LAND OWNED BY JOHN JACOBS, FROM CO (COMMERCIAL OFFICE) TO CN (COMMERCIAL NEIGHBORHOOD). WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on testimony and evidence, including, but not limited to the staff report, has made the following determinations: 1. Mr. Mike McCarty acting as agent for Mr. John Jacobs, has initiated an amendment to the Official Zoning Atlas for a 0.33 acre (MOL) parcel owned by John Jacobs from CO (Commercial Office) to CN (Commercial Neighborhood) to be consistent with the existing Future Land Use Designation on the subject property of COM (Commercial). 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 January 16, 2014, entitled "Rezoning — Jacobs Midway Commercial from CO (Commercial Office) to CN (Commercial Neighborhood). 3. On January 16, 2014, 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 CN (Commercial Neighborhood). 4. On February 4, 2014, the Board of County Commissioners of St. Lucie County, Florida, held a public hearings, of which due notice was published in the St. Lucie News Tribune. 5. The proposed change in zoning satisfies the requirements of Section 11.06.03 of the St. Lucie County Land Development Code as outlined in the Planning and Zoning Commission staff report dated January 16, 2014 and is consistent with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. 6. The proposed change in zoning is consistent with the proposed use of the property and the surrounding area. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The proposed amendment to the Official Zoning Atlas for a 0.33 acre (MOL) parcel owned by John Jacobs from CO (Commercial Office) to CN (Commercial Neighborhood) to be consistent with the existing Future Land Use Designation on the subject property of COM (Commercial) for the subject property depicted in Exhibit "A" is approved. Packet Pg. 304 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 8.B.1.a Resolution File No.: RZ 1120134701 Planner: Britton Wilson Page 2 B. The Planning and Development Services Director is hereby authorized and directed to cause the change to be made on the Official Zoning Atlas of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this Resolution. C. This Resolution shall be recorded in the Public Records. D. After motion and second, the vote on this Resolution was as follows: Frannie Hutchinson, Chair XXX Paula Lewis, Vice -Chair XXX Chris Dzadovsky, Commissioner XXX Tod Mowery, Commissioner XXX Kim Johnson, Commissioner XXX PASSED AND DULY ADOPTED this 4th day of February, 2014. ATTEST Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA M Chairman APPROVED AS TO FORM AND CORRECTNESS County Attorney Packet Pg. 305 8.B.1.a 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Resolution File No.: RZ 1120134701 Planner: Britton Wilson Page 3 Exhibit "A" Legal Description and Concurrency Deferral Affidavit 102 Germani Dr. 3403-502-0050-050-7 FROM THE SOUTHEAST CORNER OF THE WEST 4 ACRES OF THE EAST 6 ACRES OF LOT 28 OF WHITE CITY SUBDIVISION RUN NORTH TO EAST LINE OF LOT 28, 49.48 FEET TO THE NORTH RIGHT OF WAY MIDWAY ROAD FOR POINT OF BEGINNING. THENCE CONTINUE NORTH 129.52 FEET, THENCE WEST WITH SOUTH LINE OF LOT 28,102 FEET, THENCE SOUTH 128.39 FEET TO NORTH RIGHT OF WAY MIDWAY ROAD, THENCE EAST ALONG SIDE RIGHT OF WAY 102 FEE TO POINT OF BEGINNING, AND LOCATED IN ST. LUCIE COUNTY, FLORIDA. SCRIVENERS ERROR: PER OR BOOK 3113, PAGE 1693, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA: "102 FEE TO POINT OF BEGINNING" SHOULD READ "102 FEET TO POINT OF BEGINNING" St. Lucie County Concurrency Deferral Affidavit I, John Jacob , residing or doing business at 102 Germani Dr, Name Street Fort Pierce ,Fl 134982 772-519-0798 City State Zip Phone have applied for a Rezone from St. Lucie County, Florida, Type ofRweioMn tprdcr for the following project: Jacobs Midway Commercial Name of Proposed Development I do hereby affirm, that in connection with my application for the above project, I have elected to defer the cenificate 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- 1 understand and acknowledge that the above listed property will be subject to the certificate of capacity before any final development order can he 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 eapacity creates no vested or other rights to develop the subject property. Signed: Date: 11-2 2 -2 013 Applies STATE OF "RIDA COUNTY OF 5+ U&C;k_ The foregoing inttstrvrrtent was acknowledged before me this �a"d day of FIW Qw�.io+r , 2p by 9. cY1 [D,'i`J who is MtEjknown to r who has produced n iidmii}fication. signau—ofNw y Type or Ptmt Name ofNomry Page 1 of 1 Revised: April 1,2t'>l18 Number (Seal) r7� BI/�rETAFAIILr tn'L`6wAl&9�CMeEE�aase �' EKPtREs, $9[iAmbar t3, ffi75 4Y.A�" a�i'�Tfry N:taJ R�Gt Nrgalniyy Packet Pg. 306 1 8.B.1.a Resolution File No.: RZ 1120134701 Planner: Britton Wilson Page 4 RZ-1120134701 Zoning Jacobs Midway Commercial S3 RS2 RS-3 i � ♦ HLORIDA AVE CG o !! o CID z ! i S-3 ' � I t, 1 � ' E 1 1 , 1 � E MIDWAY RD s Co S a CG C�, ♦CN iOs • zw Sr I � RS-3 10 BARRACLOCGH ST C Co • Q INDI JOHNSTON ST 7 Co RS S-4 CG - Commercial General ® Subject property CN-Commercial Office hood N 1 p p Y cv-commercial voice 1-Instilutlonal - 1 RS-2- Residential Sing le Family(2 dulac} 4 �1 500 ft. notification area RS-3- Residential Singh Family (3 dWac} RS4- Residential Single Family (4 dulac) Map prepared NovemLer 27, 2043 Packet Pg. 307 8.B.1.b Indian River County Martin County imercial 0 ',' a d J Map prepared Novemoer 1t , lul s Packet Pg. 308 1 RZ-1120134701 Jacobs Midway Commercial dug JW �� �FLdRIDAAVE V I t 4¢ - �� ■ Ip 77 0 ,�.. E MIDWAY;RD w4 II .¢J �m�' 6ARRRRACLO GH�5T 14 w ■ I F -. w �DIANA� AV E� . •:.`.. 1. �. e r JOHNSTOh! 5T Subject property N Aerial date: 2012' 500 ft. notification area Map prepared November 27, 2013 Packet Pg. 309 X -G6M i Co RZ-1120134701 Future Land Use Jacobs Midway Commercial RM; . l I I I FLORIDAAVE ►� Com r z Q r 2 ' RM r � � r w 0000 c� 1 i 1 1 1 1 1 1 E MIDWAY RD OKI RM r z R r [V r r U) a BARRACLOUGH 5T COM-- af RM LLJ Q JOHNSTON 5T � R RM Subject property 500 ft. notification area COM - Commercial RM - Residential Medium (9 dulac) RU - Residential Urban (5 dulac) RU F--Yffi a N ;t ■ Map prepared November 27, 2013 Packet Pg. 310 cc CG L E MIDWAY RD C� r 1 RZ-1120134701 Zoning Jacobs Midway Commercial —n - , z Q w CN RS-3 FLORIDA AVE J �CIO5 -- - a u� Et, ACLOl1GH ST co U N J JOHNSTON ST � RS-2 RS-3 � C a � JR0 771 1 J PIS-41 CG - Commercial General V A Subject property CN - Commercial Neighborhood � � � � CO -Commercial Office — — - I - Institutional ' + 500 ft. notification area IRS-2 - Residential Single Family (2 dulac) — — —1 RS-3 - Residential Single Family (3 dulac) RS-4 - Residential Single Family (4 dulac) Map prepared November 27, 2013 Packet Pg. 311 BOARD OF COUNTY COMISSIONERS Hearing Date: Tuesday February 4, 2014 Applicant/Owner John Jacobs Agent Mike McCarty McCarty & Associates Land Planning and Design (772) 341-9322 Existing Future Land Use COM (Commercial) Rezoning Request Proposed rezoning from CO (Commercial Office) to CN (Commercial Neighborhood) to allow for a small pharmacy to support the adjacent clinic to the east. Staff Britton Wilson Wilsonb@stlucieco.org (772) 462-1582 File Number RZ 1120134701 Rezoning - Jacobs Midway Commercial From CO to CN RS 3 R 3-2 RS-3 � � o a FLORIDAAVE CiG ♦ o i c(]' c - w S-3 r E MIDWAY RD � r CISa co S- C� CN 77 BARRACLOUGH ST _ O w INDIANAAVE"�-- ' JOHNSTON ST Q perty Zoning I-InstitutionalCG - Commercial General RS-2 - Residential Single Family (2 du/ac)CG CN -Commercial Neighborhood RS-3 - Residential SingleFamily (3 du/ac)ficationarea CO- Commercial RS-4- Residential Sing laFamily (4du/ac) Location: 102 Germani Drive Protect Description This is a petition to rezone John Jacob's property located at 102 Germani Drive with road frontage on Midway Road, from CO (Commercial Office) to CN (Commercial Neighborhood). The pur- pose of the proposed rezoning, as stated by the applicant, is to allow for small re- tail pharmacy to support the adjacent medical practice to the east. Background Notice Reauirements Public hearing notice in accordance with Section 11.00.03 of the Land De- velopment Code was placed in the St. Lucie News Tribune on January 23, 2014, letters were mailed to property owners within a 500 foot radius and a sign placed on the property. The applicant held a neighborhood meeting on January 13, 2014. The subject property is located on Mid- Planning and Zoning Commission way Road, approximately 1,500 feet east January 16, 2014 - Planning and Zon- of US Highway 1. Through the designa- ing Commission recommended approv- tion of a Commercial (COM) Future Land al of the petition by a unanimous vote Use, this section of Midway Road has (5-0). been identified for commercial redevel- opment since the mid 1980's. Commer- Staff Recommendation cial development and redevelopment of Staff recommends Approval of the pro - this area is further supported by its prox- posed rezoning from CO (Commercial imity to US Highway 1, which is a high Office) to CN (Commercial Neighbor - transportation and commercial corridor. hood). Q ITEM NO. 8.B.1.d IV -A GLINT a R I D A AGENDA REQUEST DATE: REGULAR PUBLIC HEARING LEG. QUASI -JD CONSENT 01/16/14 W W TO: PLANNING AND ZONING COMMISSION PRESENTED BY: Britton Wilson SUBMITTED BY: Planning and Development Services Senior Plann;tr r Department — Planning Division SUBJECT: Rezoning — Jacobs Midway Commercial from CO (Commercial Office) to CN (Commercial Neighborhood) BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the amending Resolution be forwarded to the Board of County Commissioners with a recommendation for approval. COORDINATION/SIGNATURES County Attorney (X ) Daniel S. McIntyre County Engineer ( ) Michael Powley Originating Dept. (X ) Mark Satterlee County Surveyor ( ) Ron Harris ERD (X) Karen Smith Packet Pg. 313 PLANNING AND ZONING COMMISSION Hearing Date: Thursday January 16, 2014 Applicant/Owner John Jacobs Agent Brad Currie Land Design South 501 SE Port St. Lucie Blvd Port St. Lucie, FL 34984 (772) 871-7778 Existing Future Land Use COM (Commercial) Rezoning Request Proposed rezoning from CO (Commercial Office) to CN (Commercial Neighborhood) to allow for a small pharmacy to support the adjacent clinic to the east. Staff Britton Wilson Wilsonb@stlucieco.org (772) 462-1582 File Number RZ 1120134701 AGENDA ITEM IV -A Rezoning - Jacobs Midway Commercial RS 3 R 3-2 RS-3 � � o z FLORIDAAVE CiG ♦ o i c(]' c - \ \3RS-3 E MIDWAY RID a \ \ CG a \ c0 S- 77 C� ON BARRACLOUGH ST _ O w INDIANAAVE co EEJ� JOHNSTON ST +CG ® 500 ft. subject property Zoning I - Institutional N _ _ _ CG - Commercial General RS-2 - Residential Single Family (2 du/ac) n RS-4 ' notification area CN - Commercial Neighborhood RS-3 - Residential Single Family (3 du/ac) N �— _ : CO - Commercial Office RS-4 - Residential Single Family (4 du/ac) Location: 102 Germani Drive Protect Description This is a petition to rezone John Jacob's property located at 102 Germani Drive with road frontage on Midway Road, from CO (Commercial Office) to CN (Commercial Neighborhood). The pur- pose of the proposed rezoning, as stated by the applicant, is to allow for small re- tail pharmacy to support the adjacent medical practice to the east. Background The subject property is located on Mid- way Road, approximately 1,500 feet east of US Highway 1. Through the designa- tion of a Commercial (COM) Future Land Use, this section of Midway Road has been identified for commercial redevel- opment since the mid 1980's. Commer- cial development and redevelopment of this area is further supported by its prox- imity to US Highway 1, which is a high transportation and commercial corridor. Notice Reauirements Public hearing notice in accordance with Section 11.00.03 of the Land De- velopment Code was placed in the St. Lucie News Tribune on January 2, 2014, letters were mailed to property owners within a 500 foot radius and a sign placed on the property. The applicant intends to hold a neigh- borhood meeting prior to the scheduled public hearing. Staff Recommendation Staff recommends that the proposed rezoning from CO to CN be forwarded to the Board of County Commissioners with a recommendation for approval. 8.B.1.d _ Planning and Development Services � f r`= r Department COUNTY MEMORANDUM TO: Planning and Zoning Commission THROUGH: Mark Satterlee, AICP, Planning & DeveloVe t Services Director — - Leslie Olson, AICP, Planning Manager FROM: Britton Wilson, Senior Planner, Planning Division DATE: January 16, 2014 SUBJECT: Rezoning — Jacobs Midway Commercial from CO (Commercial Office) to CN (Commercial Neighborhood) ITEM NO.: IV -A This is a private petition to rezone a .33 acre parcel to allow for a small retail pharmacy to support the adjacent medical practice to the east. AGENT: Mike McCarty, McCarty & Associates (772) 341-9322 713 SW Cleveland Ave Stuart, FL 34994 OWNER/ John Jacobs APPLICANT: 102 Germani Dr Ft. Pierce, FL 34982 REQUESTED Change in zoning from CO (Commercial Office) to CN (Commercial ACTION: Neighborhood) PURPOSE: The proposed zoning change is to allow for future redevelopment of the existing single-family home into a small (1,800 square feet) retail pharmacy to support the adjacent medical practice to the east. LOCATION: 102 Germani Dr. with road frontage on Midway Road, approximately 1,500 feet east of US Highway 1. TAX ID NO.: 3403-502-0050-050-7 PARCEL SIZE: 0.33 acres or 14,375 square feet EXISTING USE: Single-family Residential Home Packet Pg. 315 8.B.1.d Planning & Zoning Commission Petition: John Jacobs, Rezoning January 16, 2014 Page 2 of 6 FUTURE LAND COM (Commercial) USE: ZONING: CO (Commercial Office) PROPOSED CN (Commercial Neighborhood) ZONING: SURROUNDING PROPERTY: Location Future Land Use Zoning Existing Land Use Subject Existing: COM Existing: CO (Commercial Single-family home Property (Commercial) Office) / Proposed: CN (Commercial Neighborhood) Adjacent North COM (Commercial) CO (Commercial Office) Single-family homes Parcels South COM (Commercial) and CO (Commercial Office) and Single-family homes RM (Residential RS-4 (Residential Single - Medium — 9 du/acre) family 4 du/acre) East COM Commercial CO Commercial Office Medical Office West COM (Commercial) CN (Commercial Convenience Store Neighborhood) SERVICE INFORMATION: Public Utility Energy: Florida Power and Light Providers: Water: Ft. Pierce Utilities Wastewater: Septic (FPUA Service Area) Public Service Storm Water: South Florida Water Management District Providers: Fire Rescue & EMS: St. Lucie County Fire District, Station No. 6 Law Enforcement: St. Lucie County Sheriff TRANSPORTATION IMPACTS: RIGHT-OF-WAY This section of Midway Road is identified on the Right -of -Way Protection Map as ADEQUACY: a two-way road requiring 70 feet of road frontage. Existing right-of-way at the project location is 66 feet. The applicant's required right of way donation shall be 4 feet. SCHEDULED Currently there are no scheduled County improvements for this section of IMPROVEMENTS: Midway Road. The applicant may be required to construct a concrete sidewalk along Midway Road for the limits of the parcel's frontage. Packet Pg. 316 8.B.1.d Planning & Zoning Commission Petition: John Jacobs, Rezoning January 16, 2014 Page 3 of 6 Background Analysis Current Future Land Use: The Future Land Use designation is COM (Commercial), which is applicable to areas of future commercial development and intended to accommodate the commercial zoning districts of Commercial Office (CO), Commercial Neighborhood (CN) and Commercial General (CG). Through the designation of a COM Future Land Use, this section of Midway Road has been identified for commercial redevelopment since the mid-1980's. Commercial development and redevelopment of this area is further supported by its proximity to US Highway 1, which is a main commercial corridor and is identified in the Comprehensive Plan as a major east/west arterial roadway. Current Zoning: The current zoning of the subject property is CO (Commercial Office), which is intended "...to provide and protect an environment suitable for selected office and commercial uses, together with such other uses as may be necessary to and compatible with commercial office surroundings." Some of the permitted uses in this zoning district are engineering services, financial services, health services (except nursing homes and hospitals) and membership organizations. Possible conditional uses are a self-service car wash and a child day care (see attached zoning use regulations for the entire list of permitted and conditional uses). The subject parcel was rezoned from RS-3 (Residential Single-family — 3 du/acre) to CO through Resolution No. 87-053, thereby creating a legal nonconforming use of the existing single-family home constructed in 1972. Proposed Zoning: The proposed zoning district is CN (Commercial Neighborhood), which is intended "...to provide and protect an environment suitable for limited retail trade and service activities covering a relatively small area and that is intended to serve the population living in surrounding neighborhoods." Some of the permitted uses in this zoning district are beauty and barber services, laundering and dry cleaning, real estate office, repair services and retail services under 6,000 square feet. Possible conditional uses are self-service car washes and child day cares (see attached zoning use regulations for the entire list of permitted and conditional uses). Due to the permitted uses being restricted to those intended to serve the immediate surrounding neighborhood, the CO zoning district is identified as compatible with both the existing COM Future Land Use designation and the nearby RM (Residential Medium — 9 du/acre) Future Land Use designation. STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for a change in zoning, the Board of County Commissioners shall consider and make the following determinations: 1. Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie County Land Development Code; The proposed rezoning from CO (Commercial Office) to CN (Commercial Neighborhood) is consistent with the County's LDC. The subject property meets the require lot size of 10,000 square feet and is directly adjacent to existing CN zoned property to the west. The change in zoning from CO to CN allows for the proposed use of a small (1,800 square feet) retail pharmacy intended to support the adjacent medical practice to the east. 2. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; The proposed rezoning from CO (Commercial Office) to CN (Commercial Neighborhood) is consistent with the County's Comprehensive Plan. The proposed change in zoning to CN is compatible with the Packet Pg. 317 8.B.1.d Planning & Zoning Commission Petition: John Jacobs, Rezoning January 16, 2014 Page 4 of 6 property's Future Land Use Designation of COM as per Comprehensive Plan Table 1-3, Land Use Designation / Zoning Compatibility Chart. Due to the permitted uses being restricted to those intended to serve the immediate surrounding neighborhood, the CO zoning district is identified as compatible with both the existing COM Future Land Use designation and the nearby RM (Residential Medium — 9 du/acre) Future Land Use designation. Through the designation of a COM Future Land Use, this section of Midway Road has been identified for commercial redevelopment since the mid-1980's. Commercial redevelopment of this area is further supported by its proximity to US Highway 1, which is a main commercial corridor and a major north/south arterial roadway. 3. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; The proposed change in zoning from CO to CN is not inconsistent with the existing and proposed land uses. As stated above, this section of Midway Road has been recognized as an area suitable for commercial redevelopment since the mid-1980's. Commercial redevelopment of this area is further supported by the nearby intersection of two arterial roadways (Midway Road and US Highway 1). The permitted uses in the CN zoning district are those that typically service the surrounding neighborhoods and are not intended to attract customers regionally. This provides for compatibility and consistency with the surrounding transitional residential to commercial area. 4. Whether there have been changed conditions that require an amendment; As stated above, the subject property is located on a section of Midway Road that has been recognized for decades as a suitable area for transition from residential to commercial uses. The suitability for commercial uses in this area is due in part to the continued increase of traffic volumes on Midway Road resulting in the roadway being categorized as a main east -west arterial roadway from Indian River Drive, continuing past the 1-95 exchange and terminating at Okeechobee Road / SR 70. The high traffic volumes and posted speed limits found on arterial roadways are not conducive for sustaining the current residential use. 5. 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; Prior to the issuance of any final development order, the developer must demonstrate that all public facilities are available to serve the parcel and obtain a Certificate of Capacity. The applicant has signed the required Concurrency Deferral Affidavit recognizing this provision. Potable Water and Wastewater Treatment The site is currently serviced with water lines by FPUA and an on -site septic system. The closest wastewater lines are available at the intersection of Midway Road and US Highway 1. Solid Waste Currently all solid waste generated in unincorporated St. Lucie County is disposed at the St. Lucie County Bailing and Recycling Facility, located in the southwest corner of the City of Ft. Pierce. This landfill is identified by the Comprehensive Plan as having sufficient capacity for at least the next 20 years. This proposed change will not materially impact the level of service standard for the County's solid waste facility found in Policy 4B.1.1.1 at 7.9 pounds per capita, per day. Parks and Recreation The proposed change in zoning to CN is a non-residential use, therefore no parks and recreation impacts are anticipated. Packet Pg. 318 8.B.1.d Planning & Zoning Commission Petition: John Jacobs, Rezoning January 16, 2014 Page 5 of 6 Transportation Impacts The subject property is located on the north east intersection of Midway Road and Germani Drive, approximately 1,500 feet east of US Highway 1, which is a two-lane minor arterial roadway operating at an acceptable level -of -service (LOS) "B." The LDC defines an arterial roadway as "...a route providing service that is relatively continuous and of a relatively high traffic volume, long average trip length, and high operating speed." A traffic impact report was not prepared for this petition since the proposed traffic impacts are considered de minimis and will not create a deficient roadway. As a part of any future site plan development, a more detailed traffic impact analysis based on the gross new trips generated by the development may be required. A concurrency deferral affidavit has been submitted with this proposal. Being that the uses permitted in the CN zoning district are intended to serve the surrounding neighborhood, the proposed use could potentially reduce surrounding traffic impacts by capturing local trips and preventing a farther commute. 6. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; St. Lucie County Environmental Resource Department has reviewed the petition and submitted a report on the environmental impacts of the proposed rezoning as follows: Environmental impacts will be influenced more by specific site design; therefore environmental issues will be addressed at the time of site plan and/or building permit application. The Environmental Resources Department (ERD) will conduct further review to ensure compliance with the Land Development Code during the site plan and/or building permit review process. 7. 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; Based upon the land use analysis provided in this memorandum, the proposed rezoning from CO to CN will result in a continued orderly and logical development pattern. The proposed CN zoning at the subject location provides for a transition of high to low commercial intensity on Midway Road from US Highway 1 eastward to Germani Drive. 8. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this code; The proposed amendment is not in conflict with the public interest and is in harmony with the purpose and intent of this code. Analysis Summary: Based upon staff analysis contained in this memorandum, the proposed rezoning to CN for this parcel is consistent with the St. Lucie County Comprehensive Plan and the Land Development Code. The subject property is located on Midway Road in an area identified as suitable for commercial redevelopment since the mid-1980's. Staff Recommendation: Staff recommends that the proposed Rezoning be forwarded to the Board of County Commissioners with a recommendation for approval. Packet Pg. 319 8.B.1.d Planning & Zoning Commission Petition: John Jacobs, Rezoning January 16, 2014 Page 6 of 6 Suggested motion to recommend approval/denial of this request: MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION OF ST. LUCIE COUNTY RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVE THE PETITION OF JOHN JACOBS, FOR A CHANGE IN ZONING FROM CO TO CN BECAUSE.... [CITE REASON(S) WHY — PLEASE BE SPECIFIC] MOTION TO DENY: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION OF ST. LUCIE COUNTY RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DENY APPROVAL OF THE PETITION OF JOHN JACOBS, FOR A CHANGE IN ZONING FROM CO TO CN BECAUSE.... [CITE REASON(S) WHY — PLEASE BE SPECIFIC] Packet Pg. 320 COUNTY F L 0 R[ MEEK-- D AIII Environmental Resources Department Final Report TO: Britton Wilson, Planning & Development Services Department THROUGH: Karen L. Smith, Environmental Resources Department Director FROM: Ben Balcer, Senior Environmental Planner Amy Griffin, Environmental Regulations and Lands Division Manager DATE: December 11, 2013 SUBJECT: Jacobs Midway Commercial RZ 1120134701 Background The Environmental Resources Department (ERD) has received the November 25, 2013 Planning and Development Services' date -stamped submittal. The applicant requests approval of a rezoning from Commercial Office (CO) to Commercial Neighborhood (CN), in order to construct a pharmacy to support the medical practice to the east. The 0.3-acre project site is located along Germani Drive and Midway Road, east of U.S. Highway 1. Currently, a single family home is located onsite. Findings Environmental impacts will be influenced more by specific site design; therefore environmental issues will be addressed at the time of site plan and/or building permit application. The Environmental Resources Department (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. Please contact Ben Balcer at 772-462-2866 if you have any questions. C:\Users\wilsonb\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\93CMCKQU\Jacobs Midway Co Packet Pg. 321 Rezone.docx 8.B.1.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 47 48 49 RESOLUTION 14-XXX FILE NO.: RZ 1120134701 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY AMENDING THE OFFICIAL ZONING ATLAS FOR A 0.33 ACRE (M.O.L.) PARCEL OF LAND OWNED BY JOHN JACOBS, FROM CO (COMMERCIAL OFFICE) TO CN (COMMERCIAL NEIGHBORHOOD). WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on testimony and evidence, including, but not limited to the staff report, has made the following determinations: 1. Mr. Mike McCarty acting as agent for Mr. John Jacobs, has initiated an amendment to the Official Zoning Atlas for a 0.33 acre (MOL) parcel owned by John Jacobs from CO (Commercial Office) to CN (Commercial Neighborhood) to be consistent with the existing Future Land Use Designation on the subject property of COM (Commercial). 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 January 16, 2014, entitled "Rezoning — Jacobs Midway Commercial from CO (Commercial Office) to CN (Commercial Neighborhood). 3. On January 16, 2014, 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 CN (Commercial Neighborhood). 4. On , 2014, the Board of County Commissioners of St. Lucie County, Florida, held a public hearings, of which due notice was published in the St. Lucie News Tribune. 5. The proposed change in zoning satisfies the requirements of Section 11.06.03 of the St. Lucie County Land Development Code as outlined in the Planning and Zoning Commission staff report dated January 16, 2014 and is consistent with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. 6. The proposed change in zoning is consistent with the proposed use of the property and the surrounding area. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The proposed amendment to the Official Zoning Atlas for a 0.33 acre (MOL) parcel owned by John Jacobs from CO (Commercial Office) to CN (Commercial Neighborhood) to be consistent with the existing Future Land Use Designation on the subject property of COM (Commercial) for the subject property depicted in Exhibit "A" is approved. Packet Pg. 322 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 8.B.1.d Resolution File No.: RZ 1120134701 Planner: Britton Wilson Page 2 B. The Planning and Development Services Director is hereby authorized and directed to cause the change to be made on the Official Zoning Atlas of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this Resolution. C. This Resolution shall be recorded in the Public Records. D. After motion and second, the vote on this Resolution was as follows: Frannie Hutchinson, Chair Paula Lewis, Vice -Chair Chris Dzadovsky, Commissioner Tod Mowery, Commissioner Kim Johnson, Commissioner PASSED AND DULY ADOPTED this ATTEST Deputy Clerk XXX XXX XXX XXX XXX day of 2014. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA M Chairman APPROVED AS TO FORM AND CORRECTNESS County Attorney Packet Pg. 323 8.B.1.d 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Resolution File No.: RZ 1120134701 Planner: Britton Wilson Page 3 Exhibit "A" Legal Description and Concurrency Deferral Affidavit 102 Germani Dr. 3403-502-0050-050-7 FROM THE SOUTHEAST CORNER OF THE WEST 4 ACRES OF THE EAST 6 ACRES OF LOT 28 OF WHITE CITY SUBDIVISION RUN NORTH TO EAST LINE OF LOT 28, 49.48 FEET TO THE NORTH RIGHT OF WAY MIDWAY ROAD FOR POINT OF BEGINNING. THENCE CONTINUE NORTH 129.52 FEET, THENCE WEST WITH SOUTH LINE OF LOT 28,102 FEET, THENCE SOUTH 128.39 FEET TO NORTH RIGHT OF WAY MIDWAY ROAD, THENCE EAST ALONG SIDE RIGHT OF WAY 102 FEE TO POINT OF BEGINNING, AND LOCATED IN ST. LUCIE COUNTY, FLORIDA. SCRIVENERS ERROR: PER OR BOOK 3113, PAGE 1693, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA: "102 FEE TO POINT OF BEGINNING" SHOULD READ "102 FEET TO POINT OF BEGINNING" St. Lucie County Concurrency Deferral Affidavit [, John Jacob , residing or doing business at 102 Germani Dr, Name Street Fort Pierce ,Fl 134982 772-519-0798 City State Zip Phone have applied for a Rezone from St. Lucie County, Florida, Type ofRweioMn tprdcr for the following project: Jacobs Midway Commercial Name of Proposed Development I do hereby affirm, that in connection with my application for the above project, I have elected to defer the cenificate 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- 1 understand and acknowledge that the above listed property will be subject to the certificate of capacity before any final development order can he 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 eapacity creates no vested or other rights to develop the subject property. Signed: Date: 11-2 2 -2 013 Applies STATE OF "RIDA COUNTY OF 5+ U&C;k_ The foregoing inttstrvrrtent was acknowledged before me this �a"d day of FIW Qw�.io+r , 2p by 9. cY1 [D,'i`J who is MtEjknown to r who has produced n iidmii}fication. signau—ofNw y Type or Ptmt Name ofNomry Page 1 of 1 Revised: April 1,2t'>l18 Number (Seal) r7� BI/�rETAFAIILr tn'L`6wAl&9�CMeEE�aase �' EKPtREs, $9[iAmbar t3, ffi75 4Y.A�" a�i'�Tfry N:taJ R�Gt Nrgalniyy Packet Pg. 324 1 8.B.1.d Resolution File No.: RZ 1120134701 Planner: Britton Wilson Page 4 RZ-1120134701 Zoning Jacobs Midway Commercial S3 RS2 RS-3 i � ♦ HLORIDA AVE CG o !! o CID z ! i S-3 ' � I t, 1 � ' E 1 1 , 1 � E MIDWAY RD s Co S a CG C�, ♦CN iOs zw Sr I �. RS-3 10 BARRACLOCGH ST C Co a INDI JOHNSTON ST 7 Co RS S-4 CG - Commercial General 1 ® Subject property CN-Commercial Office hood N 1 p p Y cv-commercial voice 1-Instilutlonal - 1 RS-2- Residential Sing le Family(2 dulac} 4 �1 500 ft. notification area RS-3- Residential Singh Family (3 dulac} RS4- Residential Single Family (4 dulac) Map prepared NovemLer 27, 2043 Packet Pg. 325 8.B.1.d Indian River County Martin County imercial 11 4 J Map prepared NovemberzI, [ul3 Packet Pg. 326 1 RZ-1120134701 Jacobs Midway Commercial S3 • I � CG � o CG < O LU CN 1 1 E MIDWAY RD J W Q ` CO CG Q C� Q CN Q z LU C 7♦ - F CO INDIANAAVE 04 Z RS-3 FI ()R InA AVF ' S-3 1 1 1 1 1 S- 1 I BARRACLOUGH ST o JOHNSTON S1 W J J Zoning RS-2 RS-3 CO �, RS- S-4 ® CG N - Commercial General w ' Subject property CN -Commercial Neighborhood IV J p p y CO - Commercial Office S_ — — — I - Institutional • 1 RS-2 - Residential Single Family (2 du/ac) 1 500 ft. notification area RS-3 - Residential Single Family (3 du/ac) - — — Ma prepared November 27, 2013 RS-4 -Residential Single Family (4 du/ac) P P P Packet Pg. 327 RZ-1120134701 Future Land Use Jacobs Midway Commercial .--- -•� RM RM ** ILL FLORIDAAVE LI � � 0 cOM Q C M Q 2 ' RM W c� E MIDWAY RD �u w Q O RM v Q Cf. l I ; `� z RU M Q1 BARRACLOUGH ST com UJ .J L� w � � U INDIANAAVE - - - - - JOHNSTON ST OM R RM ® Subject property cOM - commercial N RM - Residential Medium (9 du/ac) 500 ft. notification area RU - Residential Urban (5 du/ac) - — — Map prepared November 27, 2013 M 3 0 M LU v 0 N U) W W Packet Pg. 328 8.B.1.d 3.01.03. Zoning Districts. R. CO COMMERCIAL, OFFICE. 1. Purpose. The purpose of this district is to provide and protect an environment suitable for selected office and commercial uses, together with such other uses as may be necessary to and compatible with commercial office 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. Communications - except towers. (48) d. Computer programming, data processing and other computer related services. (737) e. Contract construction services - office only. (15, 16, 17) f. Duplicating, mailing, commercial art/photography and stenographic services. (733) g. Engineering, accounting, research, management and related services. (87) h. Executive, legislative, and judicial functions. (91, 92, 93, 94, 95, 96, 97) i. Finance, insurance, and real estate services. (60, 61, 62, 63, 64, 65, 67) j. Health services - except nursing homes and hospitals. (80) k. Membership organizations, except religious organizations. (86) I. Miscellaneous business services: (1) Detective, guard and armored car services. (7381) (2) Security system services. (7382) (3) News syndicate. (7383) (4) Photofinishing laboratories. (7384) (5) Business services - misc. (7389) m. Personnel supply services. (736) n. Social services: (1) Individual and family social services. (832/839) (2) Job training and vocational rehabilitation services. (833) o. Travel agencies. (4724) 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. 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. Child care services. (835) b. Television and radio transmitting towers. (999) c. Telecommunication towers - subject to the standards of Section 7.10.23. (999) 8. Accessory Uses. Accessory use are subject to the requirements of Section 8.00.00 and include the following: Packet Pg. 329 8.B.1.d a. Eating and drinking places (undistilled alcoholic beverages as an accessory to a restaurant). b. Postal services. (43) c. Solar energy systems, subject to the requirements of Section 7.10.28 Q. CN COMMERCIAL, NEIGHBORHOOD 1. Purpose. The purpose of this district is to provide and protect an environment suitable for limited retail trade and service activities covering a relatively small area and that is intended to serve the population living in surrounding neighborhoods. 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. Beauty and barber services. (723/724) b. Civic, social and fraternal associations. (8641) c. Depository institutions. (60) d. Laundering and dry cleaning (self-service). (7215) e. Real estate. (65) f. Repair services: 1. Electrical repair. (762) 2. Shoe repairs. (725) 3. Watch, clock, jewelry, and musical instrument repair. (7631) g. Retail trade (each building shall be less than six thousand (6,000) square feet gross floor area, all uses inclusive): 1. Antiques. (5932) 2. Apparel and accessories. (56) 3. Books and stationery. (5942/5943) 4. Cameras and photographic supplies. (5946) 5. Drugs and proprietary. (5912) 6. Eating places. (5812) 7. Florists. (5992) 8. Food stores. (54) 9. Gifts, novelties, and souvenirs. (5947) 10. Hobby, toy and game shops. (5945) 11. Household appliances. (572) 12. Jewelry. (5944) 13. Newspapers and magazines. (5994) 14. Optical goods. (5995) 15. Nurseries, lawn and garden supplies. (526) 16. Radios, TV's, consumer electronics and music supplies. (573) 17. Sporting goods and bicycles. (5941) 18. Tobacco products. (5993) 19. Video tape rental. (784) 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. Off -Street Parking and Loading Requirements. Off-street parking and loading requirements are subject to Section 7.06.00 Packet Pg. 330 8.B.1.d 6. Landscaping Requirements. Landscaping requirements are subject to Section 7.09.00 7. Conditional Uses: a. Car washes (self service only) - subject to the provisions of Section 7.10.22. (999) b. Day care - adult. (8322) - child. (8351) c. Postal services. (4311) d. Retail trade (each building shall be less than 6,000 square feet gross floor area, all uses inclusive): (3) Auto supplies (5531) e. 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 (undistilled alcoholic beverages) accessory to an eating place. (999) b. One dwelling unit contained within the commercial building, for on -site security purposes. (999) c. Solar energy systems, subject to the requirements of Section 7.10.28 Packet Pg. 331 PLANNING AND ZONING COMMISSION Mail To: Meeting Time: 6:00 PM (or soon thereafter) Location: County Commission Chambers St.. Lucie County Administration Building, 3rd Floor 2300 Virginia Ave Ft. Pierce, FL 34982 Owner John Jacobs Agent Mike McCarty McCarty & Associates Land Planning and Design (772) 341-9322 Existing Future Land Use COM (Commercial) Rezoning Request Proposed rezoning from CO (Commercial Office) to CN (Commercial Neighborhood) to allow for a small pharmacy to support the adjacent clinic to the east. N PALMS AVE BAYSINGERAVE TRAUBAVE Subject FLORIDA m % Property AVE K — N � w E MIDWAY RD 0 tj W g < ¢ BARRACLOU K 3H ST JOHNSTO ST INDIANA ro IAVE y ASHLEV ST t] HOSBIA1, ST y NOTLEM DR O �f ny N PUBLIC HEARING NOTICE Thursday, January 16, 2014 Rezoning - Jacobs Midway Commercial RS 3 R -2 - RS-3 ♦ a ♦ FLORIDA AVE CG I CG• C • S-3 r t ' t CN ' r E MIDWAY RD ' CG a co S- C4 CN Ll BARRACLOUGHST _ co O • � I u 5 INDIANAAVE 3' JOHNSTON ST O Subject property Zoning I - Institutional N CG - Commercial General RS-2 - Residential Single F- Residential Single amily (2 du/ac) A CG Rs-4 :_ _ : 500 fi. notification area CN CO - CommercialCommercial Officebo hood RSd - Residential Single Family (4 du/ac) N Location: 102 Germani Dr. Proiect Description This is a petition to rezone John Jacob's property located at 102 Germani Drive with road frontage on Midway Road, from CO (Commercial Office) to CN (Commercial Neighborhood). The pur- pose of the proposed rezoning, as stated by the applicant, is to allow for a small retail pharmacy to support the adjacent medical practice to the east. Background The subject property is located on Mid- way Road, approximately 1,500 feet east of US Highway 1. Through the designa- tion of a Commercial (COM) Future Land Use, this section of Midway Road has been identified for commercial redevel- opment since the mid 1980's. Commer- cial development and redevelopment of this area is further supported by its prox- imity to US Highway 1, which is a high transportation and commercial corridor. Staff Recommendation Staff recommends that the proposed rezoning be forwarded to the Board of County Commissioners with a recom- mendation for approval. Staff Contact Please call or email comments directly to: Britton Wilson, Senior Planner dewittb@stlucieco.org (772) 462-1582 Anyone with a disability requiring ac- commodation to attend the meeting should contact the ADA coordinator at least forty-eight (48) hours prior to the meeting at: (772) 462-1546 or T.D.D (772) 462-1428 Parcel ID Ownerl Lname Ownerl Fname Owner2 Lname Owner2 Fname Address City State ZIP 340380200480006 Adrian Guillermo 368 Johnston St Fort Pierce FL 34982-7315 340380200220008 Berry George T 366 Borraclough St Fort Pierce FL 34982-7347 340350200550306 Bland W Shane 385 Midway Rd Fort Pierce FL 34982-0000 34035020050060C Coleman (EST) Carol S Hedrick Glenn E 109 Germani Dr Fort Pierce FL 34982-7051 340380200230005 Conners Richard E Conners Anna K 10682 Two Notch Rd Apt 7105 Elgin SC 29045-9837 340380200140009 Dearman D W Dearman Denise M 353 E Midway Rd Fort Pierce FL 34982-8521 340350200500301 Encinata Land Develo 356 E Midway Rd Fort Pierce FL 34982 340350200520006 Etayem Jaafar 3648 Lincoln Way Cooper City FL 33026 340350103670004 Falco Jr Joseph Falco Peggy 348 E Midway Rd Fort Pierce FL 34982-7148 340380200430001 Frank 0 Harris Shirley S Hardman %Domingo Hernandez 2594 NE llth Ct Okeechobee FL 34972 340380200450005 Goins John H Goins M Marie 5200 Buchanan Dr Fort Pierce FL 34982-7418 34038020006000C Gookins Gary K 5002 Regina Dr Fort Pierce FL 34982-7338 340380200240002 Hagood Bernice 360 Borraclough St Fort Pierce FL 34982-7347 340350103480005 Harvey William A 4808 N Regina Dr Fort Pierce FL 34982-7060 340380200420004 Honea John Strawn Connie Jo 5800 Starcher Ave Fort Pierce FL 34947-1543 340350103110007 Hudson Louise 4795 Regina Dr Fort Pierce FL 34982-7034 340380200530004 Hunter Stella M 354 Johnston St Fort Pierce FL 34982-7315 Applicant Jacobs John Jacobs Brenda 4701 Oleander Ave Fort Pierce FL 34982 340350200500703 Jacobsen Christian A Jacobsen Shirley F 5703 University Ln Fort Pierce FL 34951-1720 340380200540001 Johnson Claude T 352 Johnston St Fort Pierce FL 34982 340350103150005 Johnson Pete 1100 Coral St Fort Pierce FL 34982-7606 34035010321000C Johnson Pete 369 Traub Ave Fort Pierce FL 34982 340350200551008 Landry Conrad J 5011 S 2nd Street Fort Pierce FL 34982-7321 340380200160003 Liscio Lisa M Liscio Sandra A 357 Midway Rd Fort Pierce FL 34982 340380200410007 LMK LLC 7548 S US Highway 1 #147 Port St Lucie FL 34952 34038020017000C Ludwig Billie F Nelson Linda F 359 Midway Rd Fort Pierce FL 34982-0000 340380200270003 Martin Jr Dave Angermann Lisa M 6000 Spruce Dr Fort Pierce FL 34982 340380200200004 May Cecil G May Gerald 4317 S Indian River Dr Fort Pierce FL 34982 340350200500105 May Clarence R 104 Germani Dr Fort Pierce FL 34982-7052 Agent McCarty Michael McCarty & Associates 713 SW Cleveland Stuart FL 34994 340380200470009 McClellan Pamela D 367 Barraclough St Fort Pierce FL 34982-7348 340350200530003 Midway Associates LL 356 E Midway Rd Fort Pierce FL 34982-7148 340350200470008 Midway Commerical 1065 Belle Meade Island Dr Miami FL 33138 340380200050003 Morse (LF EST) Patricia 5000 Regina Dr Fort Pierce FL 34982-7338 340380200520007 Newkirk Raymond Newkirk Patricia 356 Johnston St Fort Pierce FL 34982 340380200440008 Ortiz Jason Ortiz Rosalyn 2648 Havenwood Rd West Palm Beach FL 33415-8214 340380200130002 Osteen Phillip W 351 Midway Rd Fort Pierce FL 34982-8521 340350200490002 Patterson Steven R 370 Midway Rd Fort Pierce FL 34982-0000 340350103360008 Pedreira Modesto 99 Wilson Ave Newark NJ 07105 340350103120004 Pfeiffer David A 3947 S US Highway 1 Fort Pierce FL 34982-6623 340380200490003 Phillips William Navan Phillips Patricia Sue 7236 Knob Creek Rd Brooks KY 40109-5017 340380200150006 Reed Kenneth Reed Annette 326 Holly Av Port St Lucie FL 34952 340380200260006 Sansone Amy Sansone David 356 Borraclough St Port St Lucie FL 34982-7347 34038020028000C Savanna Concierge LL 1239 Alton Rd Miami Beach FL 33139 340350200550203 SBA Towers II LLC %Tax Dept 5900 Broken Sound Pkwy NW Boca Raton FL 33487 34038020040000C Scoggins Viola 353 Borraclough St Fort Pierce FL 34982-7348 340350103700008 Silas Mel T 4806 Regina Dr Fort Pierce FL 34982-7060 340380200180007 Simmons Rena Anderson Phillip 5419 Pinetree Dr Fort Pierce FL 34982-7451 34038020039000C Sitaras(LFEST) Irene 616 Willoughby Blvd Greensboro NC 27408-3164 340350200550007 St Lucie Cty Classroor 371 Midway Rd Fort Pierce FL 34982 fl1 34038020051000C Stanish Andrew 4721 Pierce St Hollywood FL 33021 0 340380200040006 Townsend Shirley 341 Midway Rd Fort Pierce FL 34982-0000 M 340380200210001 Vanhouten Charles S Jackson Cynthia B 368 Borraclough St Fort Pierce FL 34982-7347 rt 340380200250009 VIP Home Manageme 1172 SW Alcantarra Blvd Port St Lucie FL 34953 tQ W W Attachment: Planning and Zoning Commission Agenda Item (RES-2014-17 : RES - Jacobs Midway Commercial Rezoning) ST. LUCIE COU ITv PLANNING AND Z s.B.1.d COMMISSION PUBLIC HEARING AGEN k January 16, 2014 NOTICE OF PROPOSED CHANGE IN ZONIIN The St. Lucie County Planning and Zoning Comn on is scheduled to review and make recommenc ns regarding the following item petitioned by the ap int for adoption by the Board of County Commissioi of St. Lucie County, Florida, by resolution: RESOLUTION A RESOLUTION OF THE BOARD OF C( rY COMMISSIONERS OF ST. LUCIE COUNTY AME IG THE OFFICIAL ZONING ATLAS FOR A 0.3 ACRE (I L.) PARCEL OF LAND OWNED BY JOHN JACOBS, _ )M CO (COMMERCIAL OFFICE) TO CN (COMME 0 %L NEIGHBORHOOD). _ O APPLICANT: John Jacobs m FILE NUMBER: RZ 1120134701 PURPOSE: Mr. John Jacobs is proposing to i ie his property located at 102 Gerrr Z Dr. from CO (Commercial Office) d N (Commercial Neighborhood). E The owner's stated intent is to O redevelop the property into a sm. U pharmacy to support the neighb( > clinic to the east. 3 LOCATION: 102 Germani Dr. Fort Pierce, FL : ? JacagsMltlwayCommerclal ei RZ-'1120134701 / Q O TRAUB — 0 M LU Suhjec4 , Property F�pHIOA t� MlpwAV Ro �_ EMIDWAY qp �T— H 1 INOIANA AVE ./r 5 ST Q N r A9 Y W HOSEINE N T LL The Planning and Zoning Commission PUBLIC HE E IG on this item will be held in the Commission Chambers -w ler Poitras Annex, 3rd Floor, St. Lucie County Admini m on Building, 2300 Virginia Avenue, Fort Pierce, Flor on Thursday. January 16, 2014 beginning at 6:00 pn as soon thereafter as possible. Q All interested persons will be given an opportunity =p be heard. Written comments received in advance of the w Ilic hearing will also be considered. Written comments N he Planning and Zoning Commission should be rE E ed by the Planning and Development Services Dep, O mt - Planning Division at least 3 days prior to the s& U ed hearing. The petition file is available for review IF he Planning and Development Services Department — P '= ng Offices located at 2300 Virginia Avenue, 2nd Floc N art Pierce, Florida, during regular business hours. PleE all (772) 462-2822 or TDD (772) 462-1428 if you ha ny questions or require additional information about this I , m. The St. Lucie County Planning and Zoning Commiss S as the power to review and recommend to the St. Lucie = ity Board of County Commissioners, for approval or disar a al, any applications within their area of responsibility. The proceedings of the Planning and Zoning Commis; aa) rre electronically recorded. PURSUANTTO SECTION 28 s )5 FLORIDA STATUTES, if a person decides to app( u ny decision made by the Planning and Zoning Commissi ith respect to any matter considered at a meeting or 1- Q 1g, he or she will need a record of the proceedings. F( ch purpose, he or she may need to ensure that a w im record of the proceedings is made, which record it es the testimony and evidence upon which the appeal i be based. Upon the request of any party to the proc 1g, individuals testifying during a hearing will be sworn ny party to the proceeding will be granted an opportr to cross-examine any individual testifying during a I ng upon request. If it becomes necessary, a public heari ay be continued to a date certain. Anyone with a disability requiring accommodation tc nd this meeting should contact the St. Lucie Couni sk Manager at least forty-eight (48) hours prior to the r ng at (772) 462-1546 or T.D.D. (772) 462-1428. PLANNING AND ZONING COMMISSION/ LOCAL PLANNING AGENCY ST. LUCIE COUNTY, FLORIDA /S/BRITT REYNOLDS, CHAIRM Packet Pg. 334 PUBLISH DATE: January 2, 2014 8.B.1.d Britton Wilson From: Rodriguez, Vicki <Vicki.Rod rig uez@floridaea.org> Sent: Thursday, January 02, 2014 8:29 AM To: Britton Wilson Subject: REzoning--Jacobs Midway Commercial On behalf of the St. Lucie County Classroom Teachers' Association/Classified Unit LLC, we are writing in support of the zoning change for the property at 102 Germani Drive on Midway Road about a block from our office. Sincerely, Vicki Rodriguez Vice President St. Lucie CTA/CU (772) 464-6430 "it is our responsibilities, not ourselves, that we should take seriously." —Peter Ustinov Only the individual sender is responsible for the content of the message, and the message does not necessarily reflect the position or policy of the Florida Education Association or its affiliates. This e-mail, including attachments, may contain information that is confidential, and is only intended for the use of the individual or entity to which it is addressed. Packet Pg. 335 8.B.1.d ST. LUCIE COUNTY Planning & Development Services Department Planning Division 2300 Virginia Avenue, Ft. Pierce, FL 34982 Office: 772-462-2822 — Fax: 772-462-1581 httt)://www.stiucieco-org/planning/planning.htm DEVELOPMENT APPLICATION Prior to submittal, all applications require a pre -application conference. Please contact the Planning Division to schedule an appointment. Submittal Tvpe Tcheck each that applies Site Plan Rezoning' ❑ Major Site Plan i�q 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 a ❑ Major Adjustment to PUDIPNRDIPMUD ❑ 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/Changes ❑ Land Development Code Text Amendment' ❑ 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 s ❑ Appeal of Decision by Administrative Official') ❑ Eminent Domain Waiver" Anolication Sunplement Packages 1. Conditional Use 6. Historical Designation/Change 10. Appeal of Decision by 2. Variance 7, LDC Text Amendment Administrative Official 3. Rezoning I 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 Packet Pg. 336 8.B.1.d FEE CALCULATION WORKSHEET SITE DEVELOPMENT PLANS — Planning Division Application Type: Rezone Supplemental Application Package No.: 3 (Please provide separate fee calculation worksheet for each application type) ❑ BASE REVIEW FEE: $ 2250.00 (A) o CONCURRENCY FEE: $ 5 0.0 0 (B) ❑ ERD REVIEW FEE: $ 150.00 (C} ❑ UTILITIES $ 50.00 ❑ PER ACREAGE CHARGE: $ 3.00 (D) ❑ RESUBMITTAL FEE: (if applicable) $ (E) ❑ OTHER $ SUBTOTAL OF BASIC FEES: $ 2503.00 ❑ PRE -APPLICATION MEETING FEE: (F) $( 250. 00 ) deduction Receipt No. of Payment: Date of Pre App: 10 -10 - 2 013 BALANCE OF FEES DUE: $ 2253.00 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 3' party traffic study review is needed. These services will be invoiced to applicant upon receipt of quote of services from V 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 Requ st Applicant Name (Printed) Sig a re of a licant (For office use only) IJ INTAKE REVIEWER - SIGNATURE DATE VERIFIED BY - SIGNATURE DATE File Number: Receipt Number: Page 2of6 Revised May 6, 2013 Packet Pg. 337 8.B.1.d Project information Project Name: _ Jacobs Midway Commercial Site address: 102 Germani Dr. Parcel ID Number(s): 3403-502-0050-050-7 Legal Description: (Attach additional sheets if necessary — also must be provided in MS Word format on CD) 3 36 40 FROM SE COR OF W 4 AC OF E 6 AC OF LOT 28 RUN N // TO E LI OF LOT 28, 49.48 FT TO N R/W MIDW Property location— Section/Township/Range: 0 3 : 3 6S : 4 0E Property size — acres: • 3 Square footage: 13068 Future Land Use Designation: Commercial Zoning District: Existing:CO Proposed:CN Description of project: (Attach additional sheets if necessary) he applicant is requesting a change in zoning designation from CO -Commercial ffice to CN-Commercial Neighborhood. The applicant wishes to construct a mall pharmacy to support the medical practice to the east. Type of construction (check all applicable boxes): ® Commercial Total Square Footage: Existingsingle fam. res. Proposed: 1800sgft. +/- ❑ 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): Page 4 of 6 Revised May 6, 2013 Proposed: Proposed: Proposed: Packet Pg. 338 8.B.1.d 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 (Property Developer): A_ -gent Information: Business Name: N/A Business Name: McCarty & Associates John and Brenda Jacobs Mike McCart Planning an Design Name: Name: Y Address: 4701 Oleander Ave Address: 713 SW Cleveland Ave Fart Fierce, FL 34982 Stuart FL 34994 (Please use an address that can accept overnight (Please use an address that can accept overnight packages) packages) Phone: 772-51 9-0798 Phone: 772-341-9322 Fax: Fax: 772-872-6472 Email: Jm7 acobs03@yahoo _ com Email: Mike@mccartylandplanning. com 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. P erty Owner Signature Maili14 Address: Property Owner Name (Printed) Phone: If more than one owner, please submit additional pages STATE OF J\c) alb COUNTY OF '�4_ _ Wkc i J The foregoing instrument was acknowledged before me this Z1-VI day of KWQua-t 20 3 by � v�n � a�b5 who is per onally known to a or who has produced as identification. 5 na ure of Nota ry Type or Print Name or Notary Commission Number (Seal) 5USIETETREAULT Page 5 of 6' *:Ar. MYJM�IISSI0�1 # EE 125556 EXPIRES: September 13, 2015 Revised May 6, 2013 J : Ronded Thru Notary Public Underwriters a� c .E 0 N as U Y E E 0 U c� 3 CID 0 U M Cn w ti 4 0 N do w W Packet Pg. 339 8.B.1.d 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: Co -Commercial office Current Future Land Use: Commercial Proposed Zoning: CN- Commercial Acreage of the area to be rezoned: • 30 acres Neighborhood 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. The proposed zoning amendment is not in conflict with any portions of th LDC. The applicant is requesting a zoning change from Co to CN which is a zoning designation permitted under the commercial land use which implements the counties comprehensive plan. 2. Please give a statement describing any changed conditions that would justify a rezoning: w Midway Rd is an arterial which lends to the development pattern of the W corridor for commercial, institutional, medical office and other non- ti V_ residential uses. Numerous properties along Midway have developed in a 4 similar fashion. The property immediately adjacent to the east is a N medical practice. The property to the west is a commercial convenience UJ store. 3. Please state why there is a need for the proposed rezoning: E The property must be rezoned because the existing zoning district does = not permit pharmacies or retail sales establishments. �a c a� a� a c 0 4. Please state whether and how the proposed rezoning is consistent with the St. Lucie o County Comprehensive Plan: U The proposed rezoning is consistent with the St. Lucie County 0) •9 Comprehensive Plan_ The proposed zoning district is one of many zoning N districts permitted under the commercial future land use and implements the intended development pattern of the corridor. c 5. Please give a statement outlining the extent to which the proposed amendment: A) Is compatible with existing land uses; a There are a number of similar and compatible uses along the Midway corri{ co consisting ot:medical office, professional services, religious organizations, emergency services, gas stations, and retail sales a establishments. Page 1 of 2 Revised: May 27, 2010 Packet Pg. 340 8.B.1.d 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; The proposed amendment will not have an adverse affect on the public facilities of the county. C) Affects the natural environment; (If no adverse impacts expected, please state why.) TThe subject site is a single family lot consisting of an old dilapidatE residence. The property does not contain any native habitat. The proposed project would classify as in -fill redevelopment and benefits t county and local community. D) Will result in an orderly and logical development pattern; The proposed rezoning is consistent with the current development patter of the area and will contribute to the redevelopment of the corridor_ RWill adverse affect the propert values in the area; e propose rezoning will increase the property values in the area 6. Please explain the applicant's interest in the subject property; The applicant proposes to construct a small pharmacy to support the medical practice located immediately to the east. 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. Please refer to the attached Justification Statement. 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. McCarty & Associates Land Planning & Desi Michael T. McCarty, Principal ` 4 Applicant or Agent Name (Printed) Signa re Page 2 of 2 Revised: May 27, 2010 Packet Pg. 341 8.B.1.d McCarty & Associates Land Planning and Design www.McCartyLandPlanning.com 713 SW Cleveland Ave ■ Stuart, FL 34994 772/341-9322 Justification Statement The subject site is located at 102 Germani Dr. The property is comprised of +/- .30 acres and is identified by Parcel ID number 3403-502-0050-050-7. The parcel has a commercial future land use designation and a zoning designation of CO -commercial office. The owner of the property is proposing to construct a small neighborhood pharmacy to support the medical office to the east which is a non for profit HIV and hepatitis C clinic known as Associates in Infectious Diseases. The existing zoning designation does not allow such a use therefore we are required to rezone the property to CN- commercial neighborhood which is permitted under the commercial future land use designation. The Midway Road corridor has changed considerably over the last two decades. The area primarily consisted of residential uses fronting on Midway Road. Over the years, many of the once single family residential lots have converted to other uses more suitable to be located along this arterial corridor to meet the demand and needs of the thousands of residents in the immediate area. Over the past 20 years a number of similar uses have been established along the corridor. Some of these uses consist of institutional, professional service, professional office, religious organizations, emergency services and commercial. The proposed zoning change is consistent with the development trends in the area. The proposed zoning change is consistent with the LDC and Comprehensive Plan of St. Lucie County. The project will not have an adverse affect on public facilities as it is a low impact use. At this time we request a deferral of public facilities reservation till submittal of the site plan application. The surrounding properties consist of uses that are compatible with the proposed use. The property to the north is a single family residence which is quite common to be located in close proximity to a pharmacy. The land development regulations require buffers that will prevent adverse impacts to the residential neighbors. The property to the east is a medical office as mentioned above. The property to the south across Midway road which is a 100 ft ROW is a single family residence. The property to the west is a commercial retain sales establishment which is also compatible with the proposed use. Considering the location along a main corridor and the surrounding compatible uses we request approval of the proposed zoning change to CN -commercial neighborhood. c:\users\mike\desktop\mccarty land planning &design\project filesJohn jacob\justification statement 11-21-2013.doc Packet Pg. 342 8.B.1.e Planning and Development Services Department Planning Division MEMORANDUM TO: Planning and Zoning Commission THROUGH: Mark Satterlee, AICP, Planning and Development Services Director —— Leslie Olson, AICP, Planning Manager FROM: Britton Wilson, Senior Planner �N DATE: January 16, 2014 SUBJECT: Jacobs Midway Commercial Rezoning — Public Comment This supplemental memo contains three public comments in favor of the petition by Mr. john Jacobs to rezone property located 102 Germani Drive from Commercial Office (CO) to Commercial Neighborhood (CN). From: Rodriguez, Vicki <Vicki.Rodriguez@floridaea.org> Sent: Thursday, January 02, 2014 8:29 AM To: Britton Wilson Subject: REzoning--Jacobs Midway Commercial On behalf of the St. Lucie County Classroom Teachers' Association/Classified Unit LLC, we are writing in support of the zoning change for the property at 102 Germani Drive on Midway Road about a block from our office. Sincerely, Vicki Rodriguez Vice President St. Lucie CTA/CU (772) 464-6430 "It is our responsibilities, not ourselves, that we should take seriously." —Peter Ustinov Packet Pg. 343 Planning and Zoning Commission 8•B•1.e Jacobs Midway Commercial Rezoning January 16, 2014 Page 2 MIDWAY IMMUNOLOGY AND RESEARCH CENTER (ASSOCIATES IN INFECTIOUS DISEASES) 35F East Midway Road, Fort Pierce, FL 34982 772-464-9746,phcne) 772-464-9750{fax) www.midwayresearch.com January 3, 2014 RE: New Zoning for 102 Germani Ave To Whom it May Concern: This letter is to convey our support on the zoning change for the above listed parcel of land to be converted into a non-profit retail pharmacy. Our property is adjacent to the cast of the above stated property. We have no reservations or comments on the re -zoning. Please feel free to contact this office if any additional information is warranted to document our support. Sincerely, Dr Brenda Jaco s, DNP Dr Moti Ramgopal, MD To whom it concern: Re: Proposed zoning change to 142 Germani Drive I, Clarence May of 104 Germani Drive, support the proposed zoning change to the above named address. My residence is adjacent to the north of the proposed property. I understand that the proposed zoning change is for a non-profit pharmacy, and I have no concerns regarding this change. Thank you, Clarence May Date Packet Pg. 344 ITEM NO. RES-2014-18 J COUNTY ` R I ID A AGENDA REQUEST TO: Board of County Commissioners PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: Britton Wilson, Senior Planner Planning Division DATE: 02/04/2014 *PUBLIC HEARINGS Resolution 2014-18 - Hutton Growth One, LLC Rezoning from IL (Industrial Light) to CG (Commercial General) - Quasi Judicial This is a petition of Hutton Growth One, LLC to rezone a 1.1 acre parcel located at the south-west corner of Lennard Road and Melaleuca Boulevard from IL (Industrial, Light) to CG (Commercial General). The purpose of the petition, as stated by the applicant, is to allow for a discount retail store. The subject property is contained within an enclave of unincorporated land surrounded by the City of Port St. Lucie, which is more conducive for CG than IL uses. The proposed CG zoning provides for a transition of high to low intensity from US Highway 1, eastward, resulting in a logical and orderly development pattern. No comments from the public have been submitted for this petition. PREVIOUS ACTION: January 16, 2014 - Planning and Zoning Commission recommended approval of the petition by a unanimous vote (6-0). FINANCIAL IMPACT: N/A RECOMMENDATION: Approval of the proposed rezoning from IL (Industrial Light) to CG (Commercial General). COMMISSION ACTION: RESULT: ADOPTED [UNANIMOUS] MOVER: Kim Johnson, District No. 5 SECONDER: Paula A. Lewis, District No. 3 Vice -Chair AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson Packet Pg. 345 8.B.2 Coordination/Signatures Mt'rk S er ee, Plan K g & Dev rector 1/22/2014 1. 4anieYS. McIntyre, Cy 9,b,,&tkfky, Deputy C my A' ministrato /2014 updated: 1/27/2014 8:29 AM by Shane A. DeWitt Page 2 Packet Pg. 346 8.B.2.a 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 47 48 49 RESOLUTION 14-XXX FILE NO.: RZ 1120134702 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY AMENDING THE OFFICIAL ZONING ATLAS FOR A 1.1 ACRE (M.O.L.) PARCEL OF LAND OWNED BY HUTTON GROWTH ONE, LLC, FROM IL (INDUSTRIAL, LIGHT) TO CG (COMMERCIAL GENERAL). WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on testimony and evidence, including, but not limited to the staff report, has made the following determinations: Noreen Dreyer, Esq. acting as agent for Hutton Growth One, LLC, has initiated an amendment to the Official Zoning Atlas for a 1.1 acre (MOL) parcel from IL (Industrial, Light) to CG (Commercial General) to be consistent with the existing Future Land Use Designation on the subject property of IND (Industrial). 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 January 16, 2014, entitled "Rezoning - Hutton Growth One, LLC from IL (Industrial Light) to CG (Commercial General)." 3. On January 16, 2014, 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 February 4, 2014, the Board of County Commissioners of St. Lucie County, Florida, held a public hearings, of which due notice was published in the St. Lucie News Tribune. 5. The proposed change in zoning satisfies the requirements of Section 11.06.03 of the St. Lucie County Land Development Code as outlined in the Planning and Zoning Commission staff report dated January 16, 2014 and is consistent with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. 6. The proposed change in zoning is consistent with the proposed use of the property and the surrounding area. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The proposed amendment to the Official Zoning Atlas for a 1.1 acre (MOL) parcel from IL (Industrial, Light) to CG (Commercial General) to be consistent with the existing Future Land Use Designation on the subject property of IND (Industrial) for the subject property depicted in Exhibit "A" is approved. B. The Planning and Development Services Director is hereby authorized and directed to cause the change to be made on the Official Zoning Atlas of St. Lucie County, Florida, Packet Pg. 347 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 8.B.2.a Resolution File No.: RZ 1120134702 Planner: Britton Wilson Page 2 and to make notation of reference to the date of adoption of this Resolution. C. This Resolution shall be recorded in the Public Records. D. After motion and second, the vote on this Resolution was as follows: Frannie Hutchinson, Chair XXX Paula Lewis, Vice -Chair XXX Chris Dzadovsky, Commissioner XXX Tod Mowery, Commissioner XXX Kim Johnson, Commissioner XXX PASSED AND DULY ADOPTED this ATTEST Deputy Clerk day of , 2014. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Aw Chair APPROVED AS TO FORM AND CORRECTNESS County Attorney a� c .E 0 N c 0 3 2 co 4 0 N Cn w a� c .E 0 N d c 0 r c 0 m u_ Q 0 c m E r r Q Packet Pg. 348 8.B.2.a 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Resolution File No.: RZ 1120134702 Planner: Britton Wilson Page 3 Exhibit "A" Legal Description and Concurrency Deferral Affidavit A PARCEL OF LAND LYING IN A PORTION OF SECTION 12, TOWNSHIP 37 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, ALSO LYING IN A PORTION OF THE EAST HALF OF LOT 2, BLOCK 1, ST. LUCIE GARDENS ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 35, PUBLIC RECORDS OF SAINT LUCIE COUNTY, FLORIDA, SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT 1, LENNARD ROAD SQUARE, AS RECORDED IN PLAT BOOK 34, PAGE 7, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID NORTHEAST CORNER ALSO BEING ON THE WESTERLY RIGHT-OF-WAY OF LENNARD ROAD; THENCE NORTH ALONG SAID WESTERLY RIGHT-OF-WAY OF LENNARD ROAD, A DISTANCE OF 446.23 FEET TO THE POINT OF BEGINNING; THENCE N 90000'00" W DEPARTING SAID WESTERLY RIGHT-OF-WAY, A DISTANCE OF 270.85 FEET; THENCE NORTH 00°01'54" WEST, A DISTANCE OF 176.67 FEET; THENCE NORTH 89052'49" EAST, A DISTANCE OF 270.94 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF LENNARD ROAD; THENCE S 00°00'00" W ALONG SAID WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 177.24 FEET TO THE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINING WITHIN SAID BOUNDS 47,937 SQUARE FEET (1.10 ACRES)± MORE OR LESS. Packet Pg. 349 8.B.2.a Resolution File No.: RZ 1120134702 Planner: Britton Wilson Page 4 St. Lucie County Concurrency Deferral Affidavit Hutton Growtb One LLC I,Noreen S. Dreyer, Attorney -in -fact, for doing business a't 736 Cherry Street: Name Street Chattanooga, TN .37402 City State Zip Phone have applied for a rezoning of land from St. Lucie County, Florida, Type of Development Order for the following project: Hutton Rezoning 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 o capacity creates no vested or other rights to develop the subject property. Signed: fi m ac Date: r/112 Applicant STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instnanent was acknowledged before me this 4' day of �d%i 20/3— by e.C��c s 2VGQ _who is personally known tome or who has produced as identification. Signature of Notary Type or Print Name of Notary y APR Commission Number (Seal) MY COMMISSION P EE 012655 as EXPIRES: November28,2014 "'•Af.°`. Bonded Thru Notary Public lfidemllers Page I of 1 Revised: April 1, 2008 Packet Pg. 350 8.B.2.a Resolution File No.: RZ 1120134702 Planner: Britton Wilson Page 5 RZ-1120134702 Zoning Hutton Rezoning Packet Pg. 351 8.B.2.b Indian River County Martin County a Q C 0 N M-E ■■ w CO r- 4 r O N w r.+ d Cn Q R C t v R Q Map preparect uecemder 4. 2u13 Packet Pg. 352 1 8.B.2.b Packet Pg. 353 8.B.2.b Packet Pg. 354 8.B.2.b RZ-1120134702 Hutton Rezoning .*�%] • SE,AVANPARK DR III E did fnid E'HOME "JNIdINGS`RDAll T .- - �__ � _ _-- -�-- -- � - ,. - _ _ :.. "+ �'��� • �H ,;�,-4, �• ,• REF" .'�tw� AM, r ,. IF xW ti Sco go Z LUI LLI it i, LL irk � Ui JR �y * Ui rw pIcy 12 LU Wn ! � L I 5E LUAU AVE- Subject property N L - - 500 ft. notification area Aerial date: 2012 City of Port St. Lucie Map prepared December 13, 2013 a Packet Pg. 355 ITEM NO. 8.B.2.c IV-B a LINT } F L D R L D A TO: SUBMITTED BY: SUBJECT: AGENDA REQUEST PLANNING AND ZONING COMMISSION Planning and Development Services Department — Planning Division DATE: REGULAR PUBLIC HEARING LEG. QUASI -JD CONSENT PRESENTED BY: Britton Wilson Senior Plann r 01/16/14 W W Rezoning — Hutton Growth One, LLC from IL (Industrial Light) to CG (Commercial General) BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the amending Resolution be forwarded to the Board of County Commissioners with a recommendation for approval. COORDINATION/SIGNATURES County Attorney (X ) Daniel S. McIntyre County Engineer ( ) Michael Powley Originating Dept. (X ) Mark Satterlee County Surveyor ( ) Ron Harris ERD (X) ZKaren Smith .E 0 N W _ 0 0 x v) w co r 4 r O N U) w v Packet Pg. 356 PLANNING AND ZONING COMMISSION Hearing Date: Thursday January 16, 2014 Owner Hutton Growth One, LLC Chuck Borysiak (423) 643-9202 cborysiak@ thehuttoncompany.com Agent Noreen Dryer Esq. Greenspoon Marder P.A. Noreen.dreyer@gmlaw.com (772)873-5910 Existina Future Land Use IND (Industrial) Rezoning Request Proposed rezoning from IL (Industrial Light) to CG (Commercial General) to al- low for a discount retail store. Staff Britton Wilson Wilsonb@stlucieco.org (772) 462-1582 File Number RZ1120134702 W 1 COUNTY F L D R l D A!l AGENDA ITEM IV -A Rezoning - Jacobs Midway Commercial OSR PUD ) I CGISEU I �❑ P 1D� K� s ra PUD� [].� CG CG CGISEU CGISEU GUISE 1 r1 Fv s� GUISEU Avg ' Q RS=nPs+tiop RS U PUD a SR CG fi -1a 11 r g `� 5 N C,P 4G F w 4 � � SE LUAU AVE S r _ Ot ._— _ Y Cc N ® 31i6W�et Pra9ertY m.ca,� c.�,ei uw.��,,,reeuaea _ il-�tfxnw�iph OSR. Ope.�Spce Rec�ea�enN j 500 R. notiFcaGon area Ruu Ru �^` P.•earee.l CGISEU 1 - - Pen 0L wcM zamiq RM.11 . NWupb Fmwr p.srd�rml .. CGGene,alCnmxvcbl RS1-5'�g�PCamiyRttW„�i City of Port Si. Lucie r� H per Certmere`al RSs able Ferd[ ReMttdW Location: 10331 Lennard Road Project Description This is a petition of Hutton Growth One, LLC to rezone a 1.1 acre parcel located at the south-west corner of Lennard Road and Melaleuca Boulevard from IL (Industrial, Light) to CG (Commercial General). The purpose of the petition, as stated by the applicant, is to allow for a discount retail store. Background The subject property is contained within a pocket of unincorporated land sur- rounded by the City of Port St. Lucie. As shown on the above map, the proposed CG zoning provides for a transition of high to low intensity from US Highway 1 eastward. Notice Requirements Public hearing notice in accordance with Section 11.00.03 of the Land Develop- N ment Code was placed in the St. Lucie 500 foot radius and a sign placed on the property. A neighborhood meeting was held by the applicant on December 9, 2013. Staff Recommendation Staff recommends that the proposed rezoning from IL to CG be forwarded to the Board of County Commissioners with a recommendation for approval. j1 News Tribune on January 2, 2014, letters were mailed to property owners within a Packet Pg. 357 8.B.2.c r8� yf�� Yl. A Planning and Development Services Department MEMORANDUM TO: Planning and Zoning Commission THROUGH: Mark Satterlee, AICP, Planning & Development Services Director — Leslie Olson, AICP, Planning Manager FROM: Britton Wilson, Senior Planner, Planning Division DATE: January 16, 2014 SUBJECT: Rezoning — Hutton Growth One, LLC from IL (Industrial Light) to CG (Commercial General) ITEM NO.: IV-B This is a private petition to rezone a 1.1 acre parcel to allow for a discount general retail store to serve the surrounding area. AGENT: Greenspoon Marder, P.A. (772) 873-5910 Noreen S. Dreyer, Esq 145 NW Central Park Plaza, Suite 200 Port St. Lucie, FL 34986 OWNER/ Hutton Growth One, LLC APPLICANT: 736 Cherry Street Chattanooga, TN 37402 REQUESTED Change in zoning from IL (Industrial Light) to CG (Commercial General) ACTION: PURPOSE: The proposed zoning change is to allow for future redevelopment of the existing site into a discount retail store. LOCATION: The south-west corner of the intersection of Lennard Road and S.E. Melalecua Boulevard. The subject property is located within a pocket of unincorporated land surrounded by the municipal jurisdiction of Port St. Lucie. TAX ID NO.: 3414-501-4702-000-7 PARCEL SIZE: 1.1 acres EXISTING USE: Nursery and Landscaping Business Packet Pg. 358 8.B.2.c Planning & Zoning Commission Petition: Hutton Rezoning January 16, 2014 Page 2 of 6 FUTURE LAND IND (Industrial) USE: ZONING: IL (Industrial, Light) PROPOSED CG (Commercial General) ZONING: SURROUNDING PROPERTY: Location Future Land Use Zoning Existing Land Use Subject Existing: IND Existing: IL (Industrial, Nursery Landscape Property (Industrial) Light) / Proposed: CG Business (Commercial General) Adjacent North IND (Industrial) IL (Industrial, Light) Griggs Industrial Parcels Plaza South IND (Industrial) IL (Industrial, Light) Nursery Landscape Business East ROI (residential, Office RM-11 (Multi -family Multi -family and (PSL) & Institutional) Residential) and RS-2 single-family (Single-family Residential) residential West CG (Commercial GU (General Use) Professional Office (PSL) General SERVICE INFORMATION: Public Utility Energy: Florida Power and Light Providers: Water: Port St. Lucie Utilities Wastewater: Port St. Lucie Utilities Public Service Storm Water: South Florida Water Management District Providers: Fire Rescue & EMS: St. Lucie County Fire District, Station No. 5 Law Enforcement: St. Lucie County Sheriff TRANSPORTATION IMPACTS: RIGHT-OF-WAY This section of Lennard Road is a four -lane divided roadway operating as an ADEQUACY: Urban Collector Roadway. Existing right-of-way at the project location is not deficient. No additional donation of right-of-way is required. SCHEDULED Currently there are no scheduled County improvements for this section of IMPROVEMENTS: Lennard Road and sidewalks are present on both sides of the roadway. A lighted signalized intersection is present at Lennard Road and Melaleuca Boulevard. Packet Pg. 359 8.B.2.c Planning & Zoning Commission Petition: Hutton Rezoning January 16, 2014 Page 3 of 6 Background Analysis The subject 1.1 acre parcel was previously a portion of a larger 4.2 acre tract, all of which is zoned Light Industrial (IL). On December 3, 2013, a lot split was granted through PDS Order No. 13-035. The division of the parent tract created the subject 1.1 acre parcel with the remainder parent tract consisting 3.1 acres. Only the 1.1 acre parcel is subject to the rezoning petition from IL to CG. The parent 3.1 acre parcel will retain its current IL zoning district where a nursery landscape business is currently in operation. 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: v� 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 E 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). c 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 (IH) and Industrial Light (IL) zoning districts, the CG zoning district is compatible with the subject property's IND Future Land Use designation. STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for a change in zoning, the Board of County Commissioners shall consider and make the following determinations: 1. Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie County Land Development Code; The proposed rezoning from IL (Industrial Light) to CG (Commercial General) is consistent with the County's LDC. Section 11.09.02 Zoning Conformance, identifies the CG zoning district as compatible with the IND Future Land Use designation. The subject parcel well exceeds the required lot size of 20,000 square feet and is adjacent to existing CG zoned property to the north-west. The Packet Pg. 360 8.B.2.c Planning & Zoning Commission Petition: Hutton Rezoning January 16, 2014 Page 4 of 6 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. 2. 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. 3. 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 not inconsistent 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. 4. Whether there have been changed conditions that require an amendment; �o The subject property is located within a pocket of unincorporated land surrounded by the municipal jurisdiction of Port St. Lucie. As the surrounding area annexed into the City, the development transitioned from more intense commercial uses on the west side of the subject property from US Highway 1 to lesser intense professional offices, multi -family (rental apartments) and single-family uses to the east. The proposed CG zoning district is more compatible and in keeping with the transition of uses than the current IL zoning district. 5. 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; Prior to the issuance of any final development order, the developer must demonstrate that all public facilities are available to serve the parcel and obtain a Certificate of Capacity. The applicant has signed the required Concurrency Deferral Affidavit recognizing this provision. Potable Water and Wastewater Treatment The site is currently serviced with water and sewer by Port St. Lucie Utilities. Port St. Lucie Utilities reviewed the proposed petition and provided a letter of compliance. Solid Waste Currently all solid waste generated in unincorporated St. Lucie County is disposed at the St. Lucie County Bailing and Recycling Facility, located in the southwest corner of the City of Ft. Pierce. This landfill is identified by the Comprehensive Plan as having sufficient capacity for at least the next 20 years. This proposed change will not materially impact the level of service standard for the County's solid waste facility found in Policy 4B.1.1.1 at 7.9 pounds per capita, per day. Parks and Recreation The proposed change in zoning to CG is a non-residential use, therefore no parks and recreation impacts are anticipated. Packet Pg. 361 8.B.2.c Planning & Zoning Commission Petition: Hutton Rezoning January 16, 2014 Page 5 of 6 Transportation Impacts The subject property is located at the south-west corner of the intersection of Lennard Road and S.E. Melalecua Boulevard. Lennard Road is a four -lane divided Urban Collector Roadway operating at an acceptable level -of -service "C." A lighted signalized intersection is present at Lennard Road and Melaleuca Boulevard. A traffic impact report was not prepared for this petition since the proposed impacts are considered de minimus and will not create a deficient roadway. As a part of any future site plan development, a more detailed traffic impact analysis based on the gross new trips generated by the development may be required. 6. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; St. Lucie County Environmental Resource Department has reviewed the petition and submitted a report on the environmental impacts of the proposed rezoning as follows: Environmental impacts will be influenced more by specific site design; therefore environmental issues will be addressed at the time of site plan and/or building permit application. The Environmental Resources Department (ERD) will conduct further review to ensure compliance with the Land Development Code during the site plan and/or building permit review process. 7. 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; to Based upon the land use analysis provided in this memorandum, the proposed rezoning from IL to r CG will result in a continued orderly and logical development pattern. The proposed CG zoning at E the subject location provides for a transition of high to low intensity from US Highway 1 eastward r (please see the attached zoning map illustrating the transition). The IL zoned property to the north is The Griggs Industrial Plaza consisting of uses similar to those permitted in the CG zoning district, such as a convenience store, an auto repair shop and a pet shop. a 8. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this code; The proposed amendment is not in conflict with the public interest and is in harmony with the purpose and intent of this code. Analysis Summary: Based upon staff analysis contained in this memorandum, the proposed rezoning to CG for this parcel is consistent with the St. Lucie County Comprehensive Plan and the Land Development Code. The subject property is located within a pocket of unincorporated land surrounded by the municipal jurisdiction of Port St. Lucie, which is more conducive for CG than IL uses. Staff Recommendation: Staff recommends that the proposed Rezoning be forwarded to the Board of County Commissioners with a recommendation for approval. Packet Pg. 362 8.B.2.c Planning & Zoning Commission Petition: Hutton Rezoning January 16, 2014 Page 6 of 6 Suggested motion to recommend approval/denial of this request: MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION OF ST. LUCIE COUNTY RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVE THE PETITION OF HUTTON GROWTH ONE LLC, FOR A CHANGE IN ZONING FROM IL TO CG BECAUSE.... [CITE REASON(S) WHY — PLEASE BE SPECIFIC] MOTION TO DENY: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION OF ST. LUCIE COUNTY RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DENY APPROVAL OF THE PETITION OF HUTTON GROWTH ONE LLC, FOR A CHANGE IN ZONING FROM IL TO CG BECAUSE.... [CITE REASON(S) WHY — PLEASE BE SPECIFIC] Packet Pg. 363 COUNTY F L 0 R[ D A Environmental Resources Department Final Report TO: Britton Wilson, Planning & Development Services Department THROUGH: Karen L. Smith, Environmental Resources Department Director FROM: Ben Balcer, Senior Environmental Planner Amy Griffin, Environmental Regulations and Lands Division Manager DATE: December 11, 2013 SUBJECT: Hutton Rezoning RZ 1120134702 Background The Environmental Resources Department (ERD) has received the November 27, 2013 Planning and Development Services' date -stamped submittal. The applicant requests approval of a rezoning from Industrial Light (IL) to Commercial General (CG), in order to construct a retail discount store. The 1.1-acre project site is located on located on the southwest side of Lennard Road and Melaleuca Blvd. Environmental Resources staff has completed a site inspection and review. A one story office building is currently located onsite. Findings Environmental impacts will be influenced more by specific site design; therefore environmental issues will be addressed at the time of site plan and/or building permit application. The Environmental Resources Department (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. Please contact Ben Balcer at 772-462-2866 if you have any questions. C:\Users\wilsonbWppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\93CMCKQU\Hutton Rezoning. Packet Pg. 364 8.B.2.c 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 47 48 49 RESOLUTION 14-XXX FILE NO.: RZ 1120134702 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY AMENDING THE OFFICIAL ZONING ATLAS FOR A 1.1 ACRE (M.O.L.) PARCEL OF LAND OWNED BY HUTTON GROWTH ONE, LLC, FROM IL (INDUSTRIAL, LIGHT) TO CG (COMMERCIAL GENERAL). WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on testimony and evidence, including, but not limited to the staff report, has made the following determinations: Noreen Dreyer, Esq. acting as agent for Hutton Growth One, LLC, has initiated an amendment to the Official Zoning Atlas for a 1.1 acre (MOL) parcel from IL (Industrial, Light) to CG (Commercial General) to be consistent with the existing Future Land Use Designation on the subject property of IND (Industrial). 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 January 16, 2014, entitled "Rezoning - Hutton Growth One, LLC from IL (Industrial Light) to CG (Commercial General)." 3. On January 16, 2014, 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 , 2014, the Board of County Commissioners of St. Lucie County, Florida, held a public hearings, of which due notice was published in the St. Lucie News Tribune. 5. The proposed change in zoning satisfies the requirements of Section 11.06.03 of the St. Lucie County Land Development Code as outlined in the Planning and Zoning Commission staff report dated January 16, 2014 and is consistent with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. 6. The proposed change in zoning is consistent with the proposed use of the property and the surrounding area. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The proposed amendment to the Official Zoning Atlas for a 1.1 acre (MOL) parcel from IL (Industrial, Light) to CG (Commercial General) to be consistent with the existing Future Land Use Designation on the subject property of IND (Industrial) for the subject property depicted in Exhibit "A" is approved. B. The Planning and Development Services Director is hereby authorized and directed to cause the change to be made on the Official Zoning Atlas of St. Lucie County, Florida, Packet Pg. 365 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 8.B.2.c Resolution File No.: RZ 1120134702 Planner: Britton Wilson Page 2 and to make notation of reference to the date of adoption of this Resolution. C. This Resolution shall be recorded in the Public Records. D. After motion and second, the vote on this Resolution was as follows: Frannie Hutchinson, Chair XXX Paula Lewis, Vice -Chair XXX Chris Dzadovsky, Commissioner XXX Tod Mowery, Commissioner XXX Kim Johnson, Commissioner XXX PASSED AND DULY ADOPTED this ATTEST Deputy Clerk day of , 2014. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Aw Chair APPROVED AS TO FORM AND CORRECTNESS County Attorney a� .E 0 N _ 0 0 x w 0 r 4 r 0 N U) W v Packet Pg. 366 8.B.2.c 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Resolution File No.: RZ 1120134702 Planner: Britton Wilson Page 3 Exhibit "A" Legal Description and Concurrency Deferral Affidavit A PARCEL OF LAND LYING IN A PORTION OF SECTION 12, TOWNSHIP 37 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, ALSO LYING IN A PORTION OF THE EAST HALF OF LOT 2, BLOCK 1, ST. LUCIE GARDENS ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 35, PUBLIC RECORDS OF SAINT LUCIE COUNTY, FLORIDA, SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT 1, LENNARD ROAD SQUARE, AS RECORDED IN PLAT BOOK 34, PAGE 7, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID NORTHEAST CORNER ALSO BEING ON THE WESTERLY RIGHT-OF-WAY OF LENNARD ROAD; THENCE NORTH ALONG SAID WESTERLY RIGHT-OF-WAY OF LENNARD ROAD, A DISTANCE OF 446.23 FEET TO THE POINT OF BEGINNING; THENCE N 90000'00" W DEPARTING SAID WESTERLY RIGHT-OF-WAY, A DISTANCE OF 270.85 FEET; THENCE NORTH 00°01'54" WEST, A DISTANCE OF 176.67 FEET; THENCE NORTH 89052'49" EAST, A DISTANCE OF 270.94 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF LENNARD ROAD; THENCE S 00°00'00" W ALONG SAID WESTERLY RIGHT OF WAY LINE, A DISTANCE OF 177.24 FEET TO THE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINING WITHIN SAID BOUNDS 47,937 SQUARE FEET (1.10 ACRES)± MORE OR LESS. Packet Pg. 367 8.B.2.c Resolution File No.: RZ 1120134702 Planner: Britton Wilson Page 4 St. Lucie County Concurrency Deferral Affidavit S. araert Hutton �rgwth One LLC I,N �r Attnrn eY-In-'fact, for doing pusrness al 736 Chuxy Ljxi ep = _ , Name street -Chattanooga, , TN ,37402 City State zip Phone have applied for a rezoning flf land from St. Lucie County, Florida, Type or Development Order for the following project: Hutton 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, 1 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 1 apply for the f-mal 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 ❑ capacity creates no vested or other rights to develop the subject property. Signed: A 14 rA+1�Yt k c L1L. Date: u Applicaant STATE OF "DREDA C.`OMY QF ST. LUCIE The1 foregoing instrument was acknowledged before we this 44� day of / 20 / ,3—, by who is perdanally known to me or who has produced as identification, Signature of Notary Type or Print Name of Notary Commission Number (seal) MYCo4MIS&0N+tEE012M EkPJFIM Nauamher 28, 2at e ,�y� .• Bonded rnru Ngay RhtlCnnde�rkers Pege i of l Revised: April 1, 2008 Packet Pg. 368 1 8.B.2.c Resolution File No.: RZ 1120134702 Planner: Britton Wilson Page 5 61 CG%SEU CG ; .CH/SEU GU/SEU RM-11/ EU L Nov, , GUISEU f RS-2 PUD s CG U I I I:__ o OSR c1� CG RM-14/5EU RS9 { 1� CG ! f - - - SE LUAU AVE ® Lucie St. Lue CoomZoning y i - Insnwuonal Subject property CG-Cnmmernial General LM❑-Limded Mlaed N ` IL- Industrial Light OSR - open Space Recreational 500 ft. notification area Pu-PfannIplwUnitF,Developmentd—.1 ` Port St Lucie Zoning PM-t9 - Multiple Family Readeneal --.— -- CGGeneralCommercial RS-1-Single Family Residen&a! City of Port St. Lucie K Highway Gommem1si Rs-2- single Family Re$tdentiei -- GJ General Use u-Uttlrty iseu.s ��ai a:�ePao�vsz� Map preparetl December 73, 2073 a� c O N N C O 7 2 U) W d' 00 r O N U) W to T- Packet Pg. 369 8.B.2.c Indian River County Martin County J C O Y 7 LU CO r 4 r CD N W w d J Map preparect uecemder 4. 2u13 Packet Pg. 370 1 8.B.2.c RZ-1120134702 Future Land Use Hutton Rezoning 0 co 4 0 N W w Packet Pg. 371 8.B.2.c RZ-1120134702 Zoning Hutton Rezoning Packet Pg. 372 8.B.2.c 3.01.03 Zoning Districts 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 and bingo parlors. (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) 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) Packet Pg. 373 8.B.2.c 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): (1) Drug stores. (591) (2) Used merchandise stores. (593) (3) Sporting goods. (5941) (4) Book and stationary. (5942/5943) (5) Jewelry. (5944) (6) Hobby, toy and games. (5945) (7) Camera and photographic supplies. (5946) (8) Gifts, novelty and souvenir. (5947) (9) Luggage and leather goods. (5948) (10) Fabric and mill products. (5949) (11) Catalog, mail order and direct selling. (5961/5963) (12) Liquefied petroleum gas (propane). (5984) (13) Florists. (5992) (14) Tobacco. (5993) (15) News dealers/newsstands. (5994) (16) Optical goods. (5995) (17) Misc. retail (See SIC Code for specific uses). (5999) hh. Miscellaneous personal services (see SIC Code Major Group 72): (1) Tax return services. (7291) (2) Misc. retail (See SIC Code for specific uses). (7299) ii. Miscellaneous business services (see SIC Code Major Group 73): (1) Detective, guard and armored car services. (7381) (2) Security system services. (7382) (3) News syndicate. (7383) (4) Photofinishing laboratories. (7384) (5) 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) Packet Pg. 374 8.B.2.c tt. Repair services. (76) uu. Retail trade -indoor display and sales only, except as provided in Section 7.00.00. (999) vv. Social Services: (1) Individual and family social services. (832/839) (2) Child care services. (835) (3) 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 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: (1) 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: (1) Undistilled alcoholic beverages (accessory to retail sale of food). d. Solar energy systems, subject to the requirements of Section 7.10.28 Packet Pg. 375 8.B.2.c 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: (1) Building construction - general contractors. (15) (2) Other construction - general contractors. (16) (3) 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: (1) Food and kindred products. (20) (2) Tobacco products. (21) (3) Textile mill products. (22) (4) Apparel and other finished products. (23) (5) Furniture and fixtures. (25) (6) Printing, publishing and allied industries. (27) (7) Drugs. (283) (8) Leather and leather products. (31) (9) Glass: (a) Flat glass. (321) (b) Glass and glassware - pressed or blown. (322) (c) Glass products - made of purchased glass. (323) (10) Fabricated metal prod. - except machinery and transport. equip.: (a) Metal cans and shipping containers. (341) (b) Cutlery, handtools and general hardware. (342) (c) Heating equipment, except electric and warm air, and plumbing fixtures. (343) (d) Fabricated structural metal products. (344) (e) Coating, engraving and allied services. (347) Packet Pg. 376 8.B.2.c (f) Miscellaneous fabricated metal products: (1) Wire products. (3495) (2) Misc. fabricated wire products. (3496) (3) Metal foil and leaf. (3497) (4) Fabricated metal products - NEC. (3499) (11) Industrial/commercial machinery and computer equipment: (a) Metalworking machinery and equipment. (354) (b) Special industry machinery, except metalworking machinery. (355) (c) General industrial machinery and equipment. (356) (d) Computers and office equipment. (357) (12) Electronic and other electrical equipment and components, except computer equipment: (a) Household appliances. (363) (b) Electric lighting and wiring equipment. (364) (c) Household audio and video equipment. (365) (d) Communications equipment. (366) (e) Electronic components and accessories. (367) (f) Misc. electrical machinery equipment and supplies. (369) (13) Measuring, analyzing and controlling instruments. (38) (14) Photographic, medical and optical goods. (38) (15) Watches and clocks. (38) (16) Misc. manufacturing industries: (a) Jewelry, silverware, and platedware. (391) (b) Musical instruments and parts. (393) (c) Dolls, toys, games and sporting goods. (394) (d) Pens, pencils, and other office and artists' materials. (395) (e) Costume jewelry, costume novelties, and notions. (396) (f) Brooms and brushes. (3991) (g) Signs and advertising displays. (3993) (h) Morticians goods. (3995) (i) Manufacturing industries, NEC. (3999) (17) Plastic products - fabrication, molding, cutting, extrusion, and injection processing. (308) i. Marinas. (4493) j. Millwork and structural wood members. (243) k. Motion pictures. (78) I. Motor freight transportation and warehousing. (42) m. Repair services: (1) Automotive and automotive parking. (75) (2) Electrical. (762) Packet Pg. 377 8.B.2.c (3) Watch, clock and jewelry repair. (763) (4) Reupholstery and furniture repair. (764) (5) Misc. repairs and services. (769) n. Retail trade: (1) Lumber and other building materials. (521) (2) Paint, glass and wallpaper. (523) (3) Hardware. (525) (4) Nurseries, lawn and garden supplies. (526) (5) Mobile home dealers. (527) (6) Automotive/boat/RV/motorcycle dealers. (55) (7) Gasoline service. (55) (8) Furniture and furnishings. (57) 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: (1) Motor vehicle and automotive equipment. (501) (2) Furniture and home furnishings.(502) (3) Lumber and other building materials. (503) (4) Professional and commercial equipment/supplies. (504) (5) Metals and minerals except petroleum. (505) (6) Electrical goods. (506) (7) Hardware, plumbing and heating equipment, and supplies. (507) (8) Machinery, equipment, and supplies. (508) (9) Misc. durable goods: (a) Sporting and recreational goods. (5091) (b) Toys and hobby goods. (5092) (c) Jewelry, watches, precious stones and metals. (5094) (d) Durable goods NEC. (5099) t. Wholesale trade - nondurable goods: (1) Paper and paper products. (511) (2) Drugs. (512) (3) Dry goods and apparel. (513) (4) Groceries and related products. (514) (5) Farm products - raw materials. (515) (6) Chemicals, and allied products. (516) (7) Beer, wine, and distilled alcoholic beverages. (518) (8) Misc. nondurable goods: (a) Farm supplies. (5191) (b) Books, periodicals and newspapers. (5192) Packet Pg. 378 8.B.2.c (c) Flowers, nursery stock and florists' supplies. (5193) (d) Tobacco/tobacco products. (5194) (e) Paints, varnishes and supplies. (5198) (f) 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 7nann 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: (1) Cut stone and stone products. (328) (2) Motorcycles, bicycles, and parts. (375) (3) 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: (1) 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. 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) Packet Pg. 379 8.B.2.c 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) f. Solar energy systems, subject to the requirements of Section 7.10.28 Packet Pg. 380 PLANNING AND ZONING COMMISSION Ambrozine A 7510 Kissena Blvd Apt 2B Flushing, NY 11367- 3023 Meeting Time: 6:00 PM (or soon thereafter) Location: County Commission Chambers St.. Lucie County Administration Building, 3rd Floor 2300 Virginia Ave Ft. Pierce, FL 34982 Owner Hutton Growth One, LLC Chuck Borysiak (423) 643-9202 cborysiak@ thehuttoncompany.com Agent Noreen Dryer Esq. Greenspoon Marder P.A. Noreen.dreyer@gmlaw.com (772) 873-5910 Existing Future Land Use IND (Industrial) Rezoning Request Proposed rezoning from IL (Industrial Light) to CG (Commercial General) to al- low for a discoun _ I store. 5E CHOSEN pq d3 9E JE ViHGSIm � � S Woo* 9E �ELA<E�1lLw SE LOMCgR AVE � �� + SE LGRiPOSAA —uciaew t� A E NTYR -f.Q A PUBLIC HEARING NOTICE Thursday, January 16, 2014 Hutton Rezoning rrrirur � IINIIII :. � � ■ �� � , r� �� �' i ;r IIIIII<` Il11111111 ; :.�� �Sr►• INNER UM MM ■� �: mm Location: 10331 Lennard Road Project Description This is a petition of Hutton Growth One, LLC to rezone a 1.1 acre parcel located at the south-west corner of Lennard Road and Melaleuca Boulevard from IL (Industrial, Light) to CG (Commercial General). The purpose of the petition, as stated by the applicant, is to allow for a discount retail store. Background The subject property is contained within a pocket of unincorporated land sur- rounded by the City of Port St. Lucie. As shown on the above map, the proposed CG zoning provides for a transition of high to low intensity from US Highway 1 eastward. Staff Recommendation Staff recommends that the proposed re- zoning be forwarded to the Board of County Commissioners with a recom- mendation for approval. Staff Contact Please call or email comments directly to: Britton Wilson, Senior Planner Wilsonb@stlucieco.org (772) 462-1582 Anyone with a disability requiring ac- commodation to attend the meeting should contact the ADA coordinator at least forty-eight (48) hours prior to the meeting at: (772) 462-1546 or T.D.D (772) 462-1428 Packet Pg. 381 Parcel Number Ownerl Lname Ownerl Fname Owner2 Lname Owner2 Fnar Address Cuty State 342064506760009 Allen Ambrozine A 7510 Kissena Blvd Apt 213 Flushing NY 342064506390008 Buitrago Tiberio 87 Edgar St Carteret NJ 342064506720001 Carpenter David A Carpenter Karen M 2232 SE Lucaya St Port St Lucie FL 342064506100009 Charos Corner Inc 2141 SE Lennard Rd Port St Lucie FL 441250900020003 City of Port St Lucie 121 SW Port St Lucie Blvd Port St Lucie FL 342064506080002 Covington Larry Covington Marcene 161 Long Ridge Loop Aiken SC 341450147014004 Crb Of Florida Inc AP Dept #158 20880 Stone Oak Pkwy San Antonio TX 342064506090009 De Jesus Marcus 2209 SE Melaleuca Blvd Fort Pierce FL 341450147010000 Diaz Gabriel Diaz Wanda 10201 SE Lennard Rd Port St Lucie FL 342064506130000 Diaz Rafael 2210 SE Master Ave Port St Lucie FL 441250500020001 Golf Aqua Range Psl Inc 3703 Jennings Rd Port St Lucie FL Agent Greenspoon Marder, PA Dreyer Noreen S 145 NW Central Park Plaza Ste 200 Port St Lucie FL 341450147010206 Griggs Plaza LLC 2571 NE Ocean Blvd #302 Stuart FL Applicant Hutton Growth Once, LLC Borysiak Chuck 736 Cherry St Chattanooga TN 342064506810007 James Prince M 4125 NW 88th Ave Apt 205 Coral Springs FL 342064505670002 Janane LLC 111 Chasewood Cir Palm Beach Gardens FL 342064507090000 Kenna Adam Kenna Rose B 1110 Radison Ave Sun City Center FL 342064506770006 Kocher Afi S Kocher Frederick F 9513 Buck Haven Trail Tallahassee FL 342064506350000 Leonard Gardens Inc 2001 SE Heathwood Cir Port St Lucie FL 342064506730008 Molinaro Giovanni B & Maria F Quinta Vila Belvdere Madariag Urb Los Laureles El Paraiso Caracas 1021 Venezuela 342064506360007 Molinaro Emilio & Angela M Ed Aracal #4 Sabana Gr Calle San Antonio Caracas 1050 Venezuela 342064506710004 Mozgai Joan C 2238 SE Lucaya St Port St Lucie FL 342064507080003 Nazario Carmen PO Box 8627 Port St Lucie FL 341450147012507 Olson Larry Olson Sandra 3065 SE St Lucie Blv Stuart FL 342064506140007 Pierre Ann E 944 E 95th St Brooklyn NY 342064506070005 Riddle (LF EST) John F Riddle (LF EST) Fanny S 301 SE Pisces Ter Port St Lucie FL 441250500010004 Safe and Sound Storage LLC 3737 SE Jennings Rd Port St Lucie FL 342064506800000 Scannell Joseph J 2213 SE Lucaya St Port St Lucie FL 342064506380001 Soto (TR) Oscar Soto (TR) Clara E 7570 165th St N Palm Beach Gardens FL 342064506750002 Tarraf Properties Group LLC 2611 SW Marshfield Ct Port St Lucie FL 342064505660005 US Bank NA (TR) 10790 Rancho Bernardo Rd San Diego CA 341450147020007 VAZ Inc 702 SW Port St Lucie Blvd Port St Lucie FL d 0 X CD rt (c UAttachment: Planning and Zoning Commission Agenda Item 1.16.14 (RES-2014-18 : RES - Hutton Rezoning) ZIP 11367-3023 07008 34952-6820 34952-6876 34984 29803-7939 78258-7460 34952 34952 34952 34952 34986 34996-1470 37402 33065 33418 33573-8017 32312 34952-6922 34952-6820 34985 34997 11236 34984-4780 34952-7702 34952-6821 33418-7630 34953-4367 92127-5705 34953 00 W N ST. LUCIE COU $ B 2 PLANNING AND Z COMMISSION PUBLIC HEARING AGENE January 16, 2014 NOTICE OF A PROPOSEI CHANGE IN ZONING The St. Lucie County Planning and Zoning Commis is scheduled to review and make recommendations rec ig the following item petitioned by the applicant for ac m by the Board of County Commissioners of St. Lucie 1 ty, Florida, by resolution: RESOLUTION A RESOLUTION OF THE BOARD OF Cl C FY .E COMMISSIONERS OF ST. LUCIE COUNTY AMENDIN iE OFFICIAL ZONING ATLAS FOR A 1.1 ACRE (M.O.L.) P, N =L OF LAND OWNED BY HUTTON GROWTH ONE, LLC, FI d IL (INDUSTRIAL LIGHT)TO CG (COMMERCIAL GENERAL OWNER/APPLICANT: Hutton Growth One, LLC O AGENT: Noreen Dreyer, Esq. with Greenspoon Marder, P.) FILE NUMBER: RZ 1120134702 = PURPOSE: Hutton Growth One, LLC is requesting a chan zoning from IL (Industrial Light) to CG (Commercial Gener to allow for a retail discount store. LU LOCATION: 10331 Lennard Road co z Rai RZ-712D134707 � sad�n' — m" •' N fh �[fyeTEF nr'�-� LNU _ 1.6 Sutject ' iroperry �u� r _4) se Now"st_�CACei•N _5�'•. ,— � � t� The Planning and Zoning Commission PUBLIC HEAR nn this item will be held in the Commission Chambers, Roger o as Annex, 3rd Floor, St. Lucie County Administration E 70 ig, 2300 Virginia Avenue, Fort Pierce, Florida on Thursday. Jam A I6 E 2014 beginning at 6:00 pm or as soon thereafter as possit All interested persons will be given an opportunity to be C rd. Written comments received in advance of the public heal V Al also be considered. Written comments to the Planning and tM '1g Commission should be received by the Planning and Devel C ant Services Department - Planning Division at least 3 days C to the scheduled hearing. The petition file is available for re N at the Planning and Development Services Department — P -0 ng Offices located at 2300 Virginia Avenue, 2nd Floor, Fort C :e, Florida, during regular business hours. Please call (772) 4( tm 22 or TDD (772) 462-1428 if you have any questions or r_ re additional information about this petition. C The St. Lucie County Planning and Zoning Commission ie power to review and recommend to the St. Lucie Count) a .rd of County Commissioners, for approval or disapprov �.; ny applications within their area of responsibility. The proceedings of the Planning and Zoning Commiss £ .re electronically recorded. PURSUANT TO SECTION 28 v 15. FLORIDA STATUTES, if a person decides to appeal any i co cn made by the Planning and Zoning Commission with respec ny Q matter considered at a meeting or hearing, he or she will a record of the proceedings. For such purpose, he or she m; ad to ensure that a verbatim record of the proceedings is made ch record includes the testimony and evidence upon which the gal is to be based. Upon the request of any party to the proc 1g, individuals testifying during a hearing will be sworn in. Any to the proceeding will be granted an opportunity to cross-exarr ny individual testifying during a hearing upon request. If it bi es necessary, a public hearing may be continued to a date ce Anyone with a disability requiring accommodation to atte its meeting should contact the St. Lucie County Risk Manager tst forty-eight (48) hours prior to the meeting at (772) 462- or T.D.D. (772) 462-1428. PLANNING AND ZONING COMMISSION/ LOCAL PLANNING AGENCY ST. LUCIE COUNTY, FLORIDA packet P 383 /S/BRITT REYNOLDS, CHAIRMAN g' PUBLISH DATE: January 2, 2014 8.B.2.c ST. LUCIE COUNTY Planning & Development Services Department Planning Division 2300 Virginia Avenue, Ft. Pierce, FL 34982 Office: 772-462-2822 — Fax: 772-462-1581 http://www.stlucieco.orglplanninglplanning.htm DEVELOPMENT APPLICATION Prior to submittal, all applications require a pre -application conference. Please contact the Planning Division to schedule an appointment. Submittal Tvpe [check each that anolies Site Plan Rezoninq s ❑ 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 z ❑ Administrative Variance ❑ Variance ❑ Variance to Coastal Setback Line 1. Conditional Use 2. Variance 3. Rezoning 1 Zoning Atlas Amend. 4. Comp. Plan Amendments 5. Class A Mobile Home Other ❑ Administrative Relief ❑ Class A Mobile Home' ❑ Developer Agreement (Submit per LDC 11.08.03) ❑ Power Generation Plants ❑ Extension to Development Order ❑ Historical Designation/Change s ❑ Land Development Code Text Amendment 7 ❑ Plat ❑ Post Development Order Change ❑ Re -Submittal # $ ❑ 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 Official'° ❑ Eminent Domain Waiver" Application Supplement Packages 6. Historical Designation/Change 7. LDC Text Amendment 8. Re- Submittal 9. Waiverto LDC/Comp. Plan Requirements 10. Appeal of Decision by Administrative Official 11. Eminent Domain Waiver 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 Packet Pg. 384 8.B.2.c r FEE CALCULATION WORKSHEET SITE DEVELOPMENT PLANS — Planning Division Application Type: Rezoning Supplemental Application Package No.: 3 (Please provide separate fee calculation worksheet for each application type) ❑ BASE REVIEW FEE: $ 2,250 (A) ❑ CONCURRENCY FEE: $ 50 (B) ❑ ERD REVIEW FEE: $ 150 (C) ❑ UTILITIES $ 50 ❑ PER ACREAGE CHARGE: $ (D) ❑ RESUBMITTAL FEE. (if applicable) $ (E) ❑ OTHER $ SUBTOTAL OF BASIC FEES. $ _2,500 ❑ PRE -APPLICATION MEETING FEE: (F) $(250 ) deduction Receipt No. of Payment: 101744 Date of Pre App: 10/24/2014 BALANCE OF FEES DUE: $ 2,250 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 Y' party traffic study review is needed. These services will be invoiced to applicant upon receipt of quote of services from 3`d 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 Req t Noreen S. Dreyer, Esq. Applicant Name (Printed) Signature of applicant For office use only) INTAKE REVIEWER - SIGNATURE DATE VERIFIED BY -SIGNATURE File Number: Hage z of u Revised May 6, 2013 DATE Receipt Number: Packet Pg. 385 8.B.2.c Project Information Project Name: Hutton Rezoning _ Site address: 10331 Lennard Road Parcel ID Number(s): 3414-501-4702-000-7 Legal Description: (Attach additional sheets if necessary - also must be provided in MS Word format on CD) See attached Property location -- Section/Township/Range: 12/37S/40E Property size - acres: 1.10 Square footage: 47,937 Future Land Use Designation: Industrial (IND ) Zoning District: Industrial Light (IL) Description of project: (Attach additional sheets if necessary) A rezoning to Commercial General (CC) is requested to allow for a proposed retail discount store. Type of construction (check all applicable boxes): ❑ Commercial Total Square Footage: Existing ❑ 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): Page 4 of 6 Revised May 6, 2013 Proposed: Proposed: Proposed: Proposed: Packet Pg. 386 8.B.2.c SPECIAL NOTICE (PLEASE READ BEFORE SIGNING ACKNOWLEDGMENTS BELOW) Submission of this application does not constitute the granting of approval. Ail 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 (Property Developer) A ent Information: Business Name: Hutton Growth One LLC Business Name: Greens oon Marder, P.A. Name: Chuck Borysiak Name: Noreen S. Dreyer, Esq. Address: 736 Cherry Street Address: 145 NW Central Park Plaza, Ste.20 Chattanooga, TN 37402 Port St. Lucie, FL 34986 (Please use an address that can accept overnight (Please use an address that can accept overnight packages) packages) Phone: 423-643-9202 Phone: 772-873-5910 Fax: Fax: 772-873-3110 Email: eborysiak@thehuttoncompany.com Email: noreen.dreyer@gmlaw.com 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 fo roval. The property owner's signature below shall also serve as authorization for the above applicant o agent o act on-b�h f�said property owner. Mailing Address: 702 Port St. Lucie Blvd. Port St. Lucie, FL 34953 STATE OF Florida , COUNTY OF St. Lucie VAZ, Inc. By: Paul A. Zinter, President Property Uwner Name (Printed) Phone: 772-879-0477 If more than one owner, please submit additional pages The foregoing instrument was acknowledged before me this `t day of `7/1 , 20 3 by Paul A. Zinter, As President of VAZ, Inc who is personally known tome or who has produced a Florida Corporation .� as identification. SignatWe of Notary I ype or Print Name ot Notary % - .. missiltww�iar�rtR�lSeal MY COMMISSION M EE 0126M EXPIRES: November 28, 2014 Banded Thru Notary Public Uodefvrrit n Page 5 of 6 Revised May 6, 2013 a� c .E 0 N N 0: c 0 x rn w 00 r 4 0 N U) w 0: to Packet Pg. 387 8.B.2.c Supplement 3 Rezoning/Amendment to the Official Zonincl Atlas Application Supplement Refer to St Lucie County Land Development Code (LDC) Section 11.06.00 for details Current Zoning: IL (Industrial Light) Current Future Land Use: IND (Industrial) Proposed Zoning: CG (Commercial General) Acreage of the area to be rezoned: 1.10 acre 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. See attached Justification Statement. 2. Please give a statement describing any changed conditions that would justify a rezoning: See attached Justification Statement. 3. Please state why there is a need for the proposed rezoning: See attached Justification Statement. 4. Please state whether and how the proposed rezoning is consistent with the St. Lucie County Comprehensive Plan: See attached Justification Statement. 5. Please give a statement outlining the extent to which the proposed amendment: A) Is compatible with existing land uses; See attached Justification Statement. Page 1 of 2 Revised: May 27, 2010 Packet Pg. 388 8.B.2.c 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; See attached Justification Statement. C) Affects the natural environment; (If no adverse impacts expected, please state why.) See attached Justification Statement. D) Will result in an orderly and logical development pattern; See attached Justification Statement. E) Will adversely affect the property values in the area; See attached Justification Statement. 6. Please explain the applicant's interest in the subject property; See attached Justification Statement. 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. See attached Justification Statement. 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. Applicant or Agent Name (Printed) Signature Page 2 of 2 Revised: May 27, 2010 Packet Pg. 389 Justification Statement Hutton Growth One LLC 8.B.2.c Justification Statement Hutton Growth One LLC Request for Rezoning +/- 1.10 Acre Parcel SE Lennard Road, St. Lucie County RE UEST Hutton Growth One, LLC, is requesting a requesting rezoning of a parcel of land located at 10331 S.E. Lennard Road, from its current zoning designation of Industrial Light (IL) to Commercial General (CG). SITE CHARACTERISTICS Size and location The subject parcel is 1.10 acres in size and is located along S.E. Lennard Road at the southwest corner of the intersection of S.E. Melaleuca Road with S.E. Lennard Road. it was originally part of an approximately 4.24 acre parent tract. The subject parcel, its parent tract and the property along S.E. Lennard Road north to Jennings Road, are located in unincorporated St. Lucie County. Most of remaining surrounding area is within the municipal jurisdiction of the City of Port St. Lucie, with pockets of land in unincorporated St. Lucie County zoned CG to the south along Cane Slough Road and U.S. 1, and to the northwest along the east side of U.S. 1. Current use and access The future land use designation for the property is Industrial (IND). The site is improved with a small one-story office building and parking area and, with the parent tract, is being used for a nursery and landscaping business. Access to the site is from an improved, signalized access -way from S.E. Lennard Road along the north side of the parcel and extending to the west from S.E. Melaleuca !toad. Surrounding area North: The two properties directly to the north along S.E. Lennard Road to the intersection of Jennings Road are in the unincorporated area of the County and are zoned industrial. The property to the immediate north (Griggs Plaza) is improved with warehouses including bays housing a variety of industrial and commercial types of businesses such as auto repair and sales businesses, a glass distributor, a food mart, a sign company and other similar businesses, and on the property just to the north of Griggs Plaza is located an automobile service business including used car sales. South: To the south in unincorporated St. Lucie County lies the parent parcel which is used for the same nursery and landscape business as the subject parcel. South of the parent parcel are lands within the City's jurisdiction, and include property zoned Utilities and used as a City drainage facility and an Institutional parcel owned and used by the Elks Lodge. Across Cane Slough Road on the west side of S.E. Lennard Road is a large area of General Commercial land in unincorporated St. Lucie County on which are located a large equipment and tool rental business, the Boys and Girls Club and a professional office center. West: To the west are lands within the City which are zoned General Use, Commercial General and Commercial Highway and which are developed for uses such as self storage facilities, a radio station, a mobile home park, and along U.S.1 to the west, the Marketplace shopping center. At the southeast 1 Packet Pg. 390 8.B.2.c Justification Statement Hutton Growth One LLC intersection of U.S. 1 and Cane Slough Road are lands within unincorporated St. Lucie County which are zoned Commercial General and on which is located a bank and office building. East: All properties to the east, across and along S.E. Lennard Road are within municipal boundaries and are converting from residential uses to other uses. Directly east of the subject parcel lies property zoned RM-11 (Medium Density Residential 11) and developed as rental apartments. Other properties on the east side of S.E. Lennard Road between Jennings Road and Cane Slough Road are zoned RM-11, P (Professional), LIVID (Limited Mixed Use) and I (Institutional) with a handful of lots retaining the RS-2 (Single Family Residential 2) zoning. An assisted living facility is located on the Institutional parcel on the east side of S.E. Lennard Road just north of Longhorn Avenue. To the east of the S.E. Lennard Road frontage is a neighborhood of single family residences zoned RS-2. STANDARDS OF REVIEW In reviewing an application for an amendment to the Official Zoning Atlas, the County is to consider certain standards of review specified by Section 11.06.03 of the Land Development Code. The applicant offers the following responses for consideration of those standards. A. Whether the proposed amendment is in conflict with any applicable portions of the Land Development Code. The requested amendment is consistent with the applicable portions of the Land Development Code. The CG zoning requires a minimum lot size of 20,000 square feet and a lot width of 100 feet. The to subject lot well exceeds these requirements in that the lot is 47,937 square feet with a width of 176.67 r feet. B. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan. The proposed CG classification is consistent with the St. Lucie County Comprehensive Plan. CG zoning is shown on Table 1-3 as a compatible zoning district within the Industrial land use designation. As described below, all necessary public facilities are available to the site and there are no environmentally sensitive lands. C. Whether and the extent to which the proposed amendment is inconsistent with existing and proposed land uses. The proposed amendment to CG zoning is consistent and compatible with the existing future land use designation of industrial as shown by the compatibility matrix contained in Table 1-3 of the Comprehensive Plan and with the intended use of the property for a retail store. D. Whether there have been changed conditions that require an amendment. The surrounding area has developed with a mixture of commercial, office, institutional and residential uses. The property to the north of the subject parcel has been improved with warehouses which house a variety of commercial types of businesses. Sam's Club is at the southeast corner of the intersection of S.E. Lennard Road and US 1, and properties within both County and City jurisdictions at the intersection of Cane Slough Road and S.E. Lennard Road are mostly General Commercial or in use as City drainage facilities. Significant improvements have recently been made to S.E. Lennard Road in the area of the 2 15982810.1 Packet Pg. 391 Justification Statement Hutton Growth One LLC 8.B.2.c site, with a traffic signal at the intersection of S.E. Lennard Road and S.E. Melaleuca Road at the access point to the site. 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. The change from Institutional to Commercial General for the just over one -acre site is not anticipated to materially increase demand on public facilities. The City has recently completed improvements to S.E. Lennard Road and installed drainage facilities to assist with the surrounding area. The change to Commercial General would not increase drainage from the property over its existing Institutional zoning as maximum lot coverage is the same for both districts. Water and wastewater service is provided by the Port St. Lucie Utilities Services Department. Upon development, the property would be subject to applicable impact fees to offset any increased demand on public facilities. F. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. The site has been previously cleared and is now used for a nursery and landscaping business. No known environmentally sensitive flora or fauna exist on site. No significant adverse impacts on the natural environment are likely to occur. G. Whether and the extent to which the proposed amendment would adversely affect the property values in the area. The requested change would not adversely affect the property values in the area over the existing Industrial zoning. Approval of the requested zoning and the subsequent development of the property that is expected to occur if the rezoning is approved may enhance 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 on such pattern. The subject site, its parent tract and the two properties directly to the north are the only properties within the larger area that are zoned Industrial. Most of the property in the triangle bounded by U.S. 1, S.E. Jennings Road and S.E. Lennard Road is designated for Commercial land uses or has CG zoning, including all property under County jurisdiction except for the afore -mentioned small pocket of Industrial land. The proposed amendment is consistent with the trend in the area and continues the orderly and logical development pattern that has occurred in the area from the west side of S.E. Lennard Road west to U.S. 1. 1. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and interest of this Code. The proposed amendment would not conflict with the public interest and is in harmony with the purpose and intent of the Land Development Code. 3 I5982810.1 Packet Pg. 392 Justification Statement Hutton Growth One LLC 8.B.2.c 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 requested rezoning is needed to allow the construction of a retail store to serve the community. Although the existing IL district allows some types of retail trade such as lumber and building materials, hardware stores, mobile home and auto dealerships, gasoline service stations, nurseries and lawn and garden supplies and furniture stores, it does not permit general merchandise stores. General merchandise stores are permitted in the requested CG zoning district. The CG zoning allows a use that is beneficial to the neighborhood and is in keeping with the development of the area as a whole. APPLICANT'S INTEREST IN THE SUBJECT PROPERTY The Applicant is the contract vendee of the subject property and if the rezoning is approved, intends to use the property for construction of a discount retail store which would serve the surrounding neighborhood. 4 15982810.1 Packet Pg. 393 BOARD OF COUNTY COMMISSIONERS Hearing Date: Tuesday February 4, 2014 Owner Hutton Growth One, LLC Chuck Borysiak (423) 643-9202 cborysiak@ thehuttoncompany.com Agent Noreen Dreyer Esq. Greenspoon Marder P.A. Noreen.dreyer@gmlaw.com (772) 873-5910 Existing Future Land Use IND (Industrial) Rezoning Request Proposed rezoning from IL (Industrial Light) to CG (Commercial General) to al- low for a discount retail store. Staff Britton Wilson Wilsonb@stlucieco.org (772) 462-1582 File Number RZ1120134702 I UNTY O R I D A WOMAN 91 Cal I El Hutton Rezoning From IL (Industrial Light) To CG (Commercial General) Location: 10331 Lennard Road Protect Description This is a petition of Hutton Growth One, LLC to rezone a 1.1 acre parcel located at the south-west corner of Lennard Road and Melaleuca Boulevard from IL (Industrial, Light) to CG (Commercial General). The purpose of the petition, as stated by the applicant, is to allow for a discount retail store. Background The subject property is contained within a pocket of unincorporated land sur- rounded by the City of Port St. Lucie. As shown on the above map, the proposed CG zoning provides for a transition of high to low intensity from US Highway 1 eastward. �£ I - Notice Requirements T' SE IONONORN AVE SE PORES NIEESWp SEMARIPOSAAVE Public hearing notice in accordance with Section 11.00.03 of the Land Develop- N ment Code was placed in the St. Lucie ANews Tribune on January 23, 2014, let- ters were mailed to property owners with- in a 500 foot radius and a sign placed on the property. A neighborhood meeting was held by the applicant on December 9, 2013. Staff Recommendation Staff recommends that the proposed rezoning from IL to CG be forwarded to the Board of County Commissioners with a recommendation for approval. Packet Pg. 394 ITEM NO. (ID # 1895) 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: 02/04/2014 *REGULAR AGENDA County Medicaid Billing - Proposed Final Settlement Offer by AHCA The Board authorized the County Attorney to file petitions with the Division of Administrative Hearings ("DOAH") challenging the amounts certified by the Agency for Health Care Administration to St. Lucie County for several monthly bills. The Board voted 5-0 to support staff recommendations. The petition was filed with DOAH. AHCA Settlement Proposal In an email dated January 31, 2014, the attorney for AHCA submitted a "Final" offer of settlement of $165,052.55. A copy of the January 31 email is attached. The email also suggests that AHCA would not entertain a counteroffer. Discussion In determining whether to accept the "final" settlement offer from AHCA, it is appropriate to analyze the County's chances from a "best case" - "worst case" scenario. In a worst case scenario, the Administrative Law Judge (ALJ) would rule against the County on all of the issues presented. In that event, the County would have to pay AHCA the entire amount certified by AHCA and receive no additional credits. In a best case scenario, the AU would rule in favor of the County on all of the issues so that the County would be entitled to a credit of $320,000 from the amount certified by AHCA. The advantage of settling a dispute is the certainty a settlement brings. If the County determines to accept the AHCA settlement offer, the County will have achieved an additional savings of approximately $165,052.55 from the amount certified by AHCA. There is, of course, no guarantee that the ALJ will rule in favor of the County. One of the key issues in the case will be whether the County will be able to use an outside data base (LexisNexis) to challenge the Department of Children and Families (DCF) database that is referenced in the state law. There are not any cases that address these specific issues so it is difficult to predict the outcome. If the use of the outside database is allowed, the case will also be difficult to present because address verification would require extensive field work with no guarantee of success. PREVIOUS ACTION: N/A Packet Pg. 395 FINANCIAL IMPACT: N/A RECOMMENDATION: Based on the reasons stated above, staff recommends that the Board accept the January 31, 2014 settlement offer in the amount of $165,052.55. COMMISSION ACTION: RESULT: ADOPTED [UNANIMOUS] MOVER: Tod Mowery, District No. 2 SECONDER: Kim Johnson, District No. 5 AYES: Hutchinson, Lewis, Dzadovsky, Mowery, Johnson Coordination/Signatures Danie 5. McIntyre, Co my ttorney 2/4/2014 Fay�Outlaw, County Administrator 2/4/2014 updated: 2/4/2014 10:57 AM by Carol Bishop Page 2 Packet Pg. 396 9.a Daniel McIntyre From: Schrader, Carly <cschrader@ngn-tally.com> Sent: Friday, January 31, 2014 3:19 PM To: Daniel McIntyre; Heather Young; Stewart, Greg; Renee Scott; Beth Ryder Subject: St. Lucie County v. AHCA I just received a call from Beverly Smith and Kim Kellum. They are offering at this point $41,000 as a global settlement in addition to the $124,052.55, and the offer is being held open for ten days, until the close of business on February 10. This was communicated to me as a final offer, with no more room for negotiation. Please let me know if you want to set up a call to discuss this further. Thanks, Carly Carly J. Schrader, Esq. Nabors, Giblin, & Nickerson, P.A. 1500 Mahan Drive, Suite 200 Tallahassee, Florida 32308 (850) 224-4070 (850) 224-4073 (fax) cschrader(o-)_ngnlaw.com The information contained in this e-mail message is intended for the personal and confidential use of the recipient(s) named above. This message and its attachments may be on attorney -client communication and, as such, is privileged and confidential. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this document in error and that any review, dissemination, distribution, or copying of this message is strictly prohibited. If you hove received this communication in error, please notify us immediately by telephone or e-mail and delete the original message. Packet Pg. 397