Loading...
HomeMy WebLinkAboutAgenda Packet 06.04.2013COUNTY Lff ®E F L O R[ D A BOARD OF COUNTY COMMISSIONERS AGENDA ST LUCIE COUNTY BOCC Regular Meeting Tuesday, June, 4, 2013 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. 2, Chair TOD MOWERY District No. 4, Vice -Chair FRANNIE HUTCHINSON District No. 1 CHRIS DZADOVSKY District No. 3 PAULA A. LEWIS District No. 5 KIM JOHNSON County Administrator FAYE W. OUTLAW County Attorney Generated 61712013 11: 57 AM BOCC Regular Meeting Tuesday, June 4, 2013 6:00 PM DANIEL S. MCINTYRE Recording Secretary KELLY PHELAN 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 2 1 Page BOCC Regular Meeting Tuesday, June 4, 2013 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 five 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. 3 1 Page BOCC Regular Meeting Tuesday, June 4, 2013 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, May 21, 2013 2. Adoption of a Resolution Proclaiming June 11, 2013 as "A No Kill County for Just One Day" in St. Lucie County, Florida. N/A V. PRESENTATIONS 1. Presentation of the HANDS Clinic Update and introduction of the New Executive Director by Douglas Anderson 2. Presentation on the state of homelessness in St. Lucie County by Louise Hubbard, Executive Director, Homeless Coalition 3. Presentation of the St. Lucie County Library System's 2013 Summer Reading Extravaganza - Dig Into Reading by Susan Jacob, Library Services Manager VI. GENERAL PUBLIC COMMENT VII. CONSENT AGENDA A. WARRANTS 1. Warrant list No. 33 and 34. B. COUNTY ATTORNEY 1. Avalon Beach P.U.D. - Modification of Easement Agreement Staff recommends that the Board accept the Modification of Easement Agreement, authorize the Chairman to sign the Modification of Easement Agreement, and direct staff to record the Modification of Easement Agreement in the Public Records of St. Lucie County, Florida. 41Page BOCC Regular Meeting Tuesday, June 4, 2013 6:00 PM 2. North Causeway Park Dock Improvement Project - Florida Boating Improvement Program - Upland Easement Application Staff recommends that the Board authorize the Chairman to sign the Resolution and forward to the Department of Environmental Protection Upland Leasing Section. 3. Brocksmith Road Maintenance Project - Phase 3 - Contract for Sale and Purchase of Perpetual Right -of -Way Easement - Hays - Portion of Parcel ID 2317-113-0000-000-6 - Hays - Portion of Parcel ID 2317-133-0000-000-8 - Johnson/Hays - Portion of Parcel ID 2317-411-0000-000-1 - Sullivan - Portion of Parcel ID 2317-423-0000-000-8 Staff recommends that the Board approve the Contracts for Sale and Purchase, authorize the Chairman to execute the Contracts and direct staff to close the transactions and record the documents in the Public Records of St. Lucie County, Florida. 4. Permission to Advertise for an Ordinance amending Chapter 1-9, "Abandoned Property, Garbage, Trash, Junk and Debris" of the Code of Ordinances and Compiled Laws of St. Lucie County, Florida by amending Section 1-9-19.5(e) "Subsequent Review and Sunset Provision; providing for filing with the Department of State; providing an effective date; providing for adoption; and providing for codification. Add -On Staff recommends that the Board grant permission to advertise an ordinance amending Chapter 1-9, "Abandoned Property, Garbage, Trash, Junk and Debris" of the Code of Ordinances and Compiled Laws of St. Lucie County, Florida for a public hearing before the Board of County Commissioners July 2, 2013 beginning at 6:00 pm or as soon thereafter as may be heard. C. ADMINISTRATION 1. A Resolution concurring with St. Lucie County's Inclusion within the service area of Foreign Trade Zone (ftz) 135; And supporting the application of the Port of Palm Beach district for alternative site framework designation through a letter of support Board of County Commissioners approval for the inclusion of St. Lucie County within the Service Area of the Palm Beach County Foreign Trade Zone (FTZ) 135. D. COMMUNITY SERVICES There are no items scheduled. E. COURT ADMINISTRATION 5 1 Page BOCC Regular Meeting Tuesday, June 4, 2013 6:00 PM There are no items scheduled. F. ENVIRONMENTAL RESOURCES 1. Work Camper Agreement Renewal - Bluefield Preserve Board approval of Work Camper Agreement renewal with Robert and Tina Jones for Bluefield Preserve and authorization for the Chairman to sign documents as approved by the County Attorney. 2. DJ Wilcox Boardwalk Construction Grant Board acceptance of a grant from the Florida Department of Environmental Protection Coastal Partnership Initiative program in the amount of $30,000 to fund construction of a boardwalk at D.J. Wilcox Preserve, authorization for the Chairman to sign documents as approved by the County Attorney and to approve the related budget Resolution. 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 1. Award of Low Bid for Purchase and Installation of Bleachers and Press Box for the Lawnwood Baseball Fields Expansion Project Board approval to award Bid No. 13-037 to McTeague Construction Co, Inc, the lowest responsive and responsible bidder in the amount of $198,027, and authorization for the Chairman to sign documents as approved by the County Attorney. 2. Fairwinds Associate Membership - Elimination of Residency Requirement and Related Card Price Reduction Staff recommends the BOCC approve the proposed resolution to eliminate the current residency requirement necessary to purchase a Fairwinds Associate Membership and reduce the rate of this card from $75 per fiscal year to $50 per fiscal year (exhibit A). K. PLANNING AND DEVELOPMENT SERVICES 1. Security Cameras and High Mast Lighting Project Resolution Board approval of Resolution accepting FDOT Joint Participation 61Page BOCC Regular Meeting Tuesday, June 4, 2013 6:00 PM Agreement (JPA) in the amount of $112,000 for the Security Cameras and High Mast Lighting Project, and authorization for the Chairman to sign documents as approved by the County Attorney. L. PUBLIC SAFETY & COMMUNICATIONS There are no items scheduled. M. PUBLIC WORKS 1. Ferber Construction Management LLC Board approval of the conditional acceptance of the off -site improvements and Maintenance Agreement, release surety in the amount of $10,971, retain $1,645.45 for the one year and thirty -day maintenance period and authorization for the Chairman to sign documents as approved by the County Attorney. 2. Taylor Creek Restoration Project Phase 2, Dredging Board Approval of Amendment No. 1 to Work Authorization No. 3 with Dredging and Marine Consultants for Taylor Creek Restoration Project, Phase 2 Dredging in the amount of $23,760. 3. Port Grant Application for Second Street Public Works Staff is recommending Board of County Commission approval to submit a grant application to the Florida Seaport Transportation and Economic Development (FSTED) program for Second Street Utility upgrades. N. SHERIFF'S OFFICE There are no items scheduled. O. SUPERVISOR OF ELECTIONS There are no items scheduled. P. TRANSPORTATION PLANNING ORGANIZATION There are no items scheduled. VIII. PUBLIC HEARINGS A. PLANNING & DEVELOPMENT SERVICES 1. A Resolution granting a Major Adjustment to the Avalon Beach Planned Unit Development Site Plan Board approval of the Major Adjustment to the Avalon Beach 7 1 Page BOCC Regular Meeting Tuesday, June 4, 2013 6:00 PM PUD, subject to recommended conditions of approval. IX. REGULAR AGENDA There are no items scheduled. X. ANNOUNCEMENTS 1. The Board of County Commissioners June 11th Informal monthly meeting has been canceled. The Board will hold an Informal meeting on Wednesday, June 12, 2013 at 9:00 a.m. at the Havert L. Fenn Center located at 2000 Virginia Avenue, Fort Pierce, FL 2. The Board of County Commissioners will hold the 2013 Strategic Planning Session June 12th thru 14th at the Havert L. Fenn Center located at 2000 Virginia Avenue, Fort Pierce, FL XI. MOTION TO ADJOURN 4.1 BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BOCC Regular Meeting May 21, 2013 Convened: 9:02 AM Adjourned: 10:25 AM CALL TO ORDER The meeting was called to order at 9:02 AM by District No. 2, Chair Tod Mowery Attendee Name EK Title Status Arrived Tod Mowery District No. 2, Chair Present Frannie Hutchinson District No. 4, Vice -Chair Present Chris Dzadovsky District No. 1 Present Paula A. Lewis District No. 3 Present Kim Johnson District No. 5 Present Faye Outlaw County Administrator Present Kelly Phelan Recording Secretary Present Generated 513112013 3:10 PM Packet Pg. 9 4.1 BOCC Regular Meeting Tuesday, May 21, 2013 9:00 AM I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES AND PROCLAMATIONS APPROVAL 1. Board of County Commissioners minutes for the meeting of Tuesday, May 07, 2013 RESULT: ACCEPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4, Vice -Chair SECONDER: Paula A. Lewis, District No. 3 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson IV. PRESENTATIONS 1. Presentation by Carol Wyatt of WPSL Radio - Carol Wyatt, WPSL Radio, made a check presentation of $5600.00 to the Board for the aquatics program. Lucia Berry, Program Supervisor for Parks and Recreation, addressed the Board. She thanked Pastor Mills and Carol Wyatt as this is the 9th year they have supported this program. She talked about the program and how many youth they have helped over the last nine years. Pastor Mills, Save our Children, thanked the Board and explained to the Board how the program was started as a result of three young boys drowning. Greg White, Manager Parks and Recreation addressed the Board regarding working with Autism Speaks. Commissioner Dzadovsky asked how the public can contact them if they are interested in sponsorship. Carol Wyatt responded that people can reach them at the radio station and through Christmas Kids. 2. Presentation by Laura Diederick, Education Specialist, Smithsonian Marine Station - Laura Diederick, Education Specialist from the Smithsonian, expressed her appreciation to the Board and to the County for the upcoming installation of the new LED signage at the entrance of Museum Point Park. The sign will highlight the entrance to the Saint Lucie Regional History Center and the Saint Lucie County Aquarium. She talked about the record attendance in 2012 and feels that the new signage will contribute to even more visitors. Due to their supporters, The 2 1 Pa g e Packet Pg. 10 4.1 BOCC Regular Meeting Tuesday, May 21, 2013 9:00 AM Smithsonian, will be presenting a check to help offset the cost of the fabrication and installation of the new sign. She then talked about the upcoming events that are happening at the Smithsonian. Commissioner Dzadovsky asked how the public can contact them if they are interested in participating. Laura Diederick responded that the best way to reach them is by doing a Google search for their website and calling the education office. V. GENERAL PUBLIC COMMENT Mark Gotzs, 154 NW Magnolia Lakes, Port St. Lucie, FL addressed the Board in opposition of the 750 plan. He asked the Board to review it closely and requested that they opt out of the plan. VI. CONSENT AGENDA RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Frannie Hutchinson, District No. 4, Vice -Chair AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson A. WARRANTS 1. Moved to Regular Agenda - B. COUNTY ATTORNEY 1. Permission to Advertise an Ordinance amending Chapter 2-5, "Building and Building Regulations" of the Code of Ordinances and Compiled Laws of St. Lucie County, Florida by amending Section 2-5-9 "Procedure for Obtaining Certificate of Competency; amending Section 2-5-12 "Same -Expiration", and adding Section 2-5-12(5); and Section 2-5-15 "Reciprocity"; providing for filing with the Department of State; providing an effective date; providing for adoption; and providing for codification. - Adopted Commissioner Mowery wanted to check with staff to ensure that as this moves forward it is coordinated with the Treasure Coast Builders Association and that they are checking to see how this compares with other cities. The Assistant County Attorney responded that there have been discussions between staff and the Treasure Coast Builders Association and it has gone to the Contractor's Licensing Board and they have given their approval after several revisions. Staff has checked with other governmental agencies as well. 3 1 Pa g e IPacket Pg. 11 4.1 BOCC Regular Meeting Tuesday, May 21, 2013 9:00 AM 2. CAD System Shared Network Interlocal Agreement - Adopted Commissioner Mowery questioned the exact amount of money that would be spent and if there were any changes in our liability for that. Jack Southard, Director of Public Safety and Communications, explained that the cost will be approximately $3,000.00 a month. The cost will be shared between the Sheriff's Department, Port St. Lucie Police Department and Fort Pierce Police Department. He stated that there are not changes in liability; the responsibility is still there from the previous CAD system. 3. Multi -County Citrus Agent Interlocal Agreement with Indian River County - Adopted Commissioner Mowery gave kudos to staff for working on the Inter -Local agreement with Indian River County. He was glad to see that Indian River County is going to be able to provide some of the funding. 4 1 Page Packet Pg. 12 4.1 BOCC Regular Meeting Tuesday, May 21, 2013 9:00 AM 4. First Amendment to May 5, 1992 Interlocal Agreement with the Reserve Community Development District - Adopted 5. Ordinance Amending Article III of Chapter 1-17 (Road Impact Fee); Permission to Advertise - Adopted 6. Contract with CAPTEC Engineering, Inc. For Professional Engineering Services for East/West Dunbrooke Drainage Project - Adopted 7. Contract for Professional Engineering Services with CAPTEC Engineering Services for Indian River Memorial Park - Adopted S. Contract for Professional Engineering Services with Engineering Design & Construction, Inc. For Parks Edge Flood & Drainage Improvement Project - Adopted 9. Resolution Authorizing Partial Prepayment of the County's Special Assessment Improvement Bond, Series 2006A (Sunland Gardens Phase I MSBU) - Adopted 10. Resolution Authorizing Partial Prepayment of the County's Special Assessment Improvement Bond, Series 2009B (Sunland Gardens Phase II Assessments) - Adopted 11. Resolution Authorizing Partial Prepayment of the County's Special Assessment Improvement Bond, Series 2009A (Harmony Heights MSBU) - Adopted 12. Resolution Authorizing Partial Prepayment of the County's Special Assessment Improvement Bond, Series 2006B (Greenacres MSBU) - Adopted 13. Resolution Authorizing Partial Prepayment of the County's Special Assessment Improvement Bond, Series 2008A (Lake Drive MSBU) - Adopted 14. Ordinance amending chapter 1-11 (libraries impact fee); permission to advertise - Adopted 15. Ordinance amending chapter 1-16.3 (public buildings impact fee); permission to advertise - Adopted 16. Ordinance Amending Article III of Chapter 1-15 (Parks Impact Fee); Permission to Advertise - Adopted 17. Ordinance Amending Article II of Chapter 1-18 (Law Enforcement Impact Fee); Permission to Advertise - Adopted 18. Ordinance Amending Article I of Chapter 1-7.9 (Fire/EMS Protection Impact Fee); Permission to Advertise - Adopted 5 1 Pa g e IPacket Pg. 13 4.1 BOCC Regular Meeting Tuesday, May 21, 2013 9:00 AM 19. Ordinance Amending Article V of Chapter 1-6.5 (Educational Facilities Impact Fee); Permission to Advertise - Adopted 20. Revocable License Agreement - Fort Pierce Moose Lodge 248 - 325 Pandora Avenue - Lakewood Park - Adopted 21. Resolution - Creation of S.R. Properties MSTU - Permission to Advertise - Adopted C. ADMINISTRATION 1. Changes to the Chairman's Boards/Committees Reorganization Appointments to the Council on Aging and the Value Adjustment Board - Adopted 2. Authorization for the County Administrator to Submit Formal Offer to the City of Port St. Lucie for the Purchase of a Building Located at 2950 Rosser Boulevard (for future southwest library facility). - Adopted Commissioner Mowery advised that staff is present to give an update to the residents regarding the proposed Library project. Beth Ryder, Director of Housing and Community Services, discussed the project. She explained that they have impact fees that they have been saving for this project. She talked about our county as it compares to others in total square footage of library space available to residents. There is a facility in the same area where they feel a library is needed and it is on the market. She talked about the facility and the benefits of using that particular building. In addition, she discussed the building appraisals and negotiations. Commissioner Mowery reiterated that the money has come from impact fees that were previously set aside and the money has been designated and can only be used for this purpose and cannot be diverted in any other manner. This money has been sitting in a fund waiting for the right opportunity to come along. Many locations were considered but this seems to be the best choice. Commissioner Dzadovsky commented that this is why we have impact fees so that as development occurs it will help to pay for itself. Commissioner Hutchinson stated that a good point was made that this money cannot be spent on anything short of the libraries. This has long been on the books as a need and it's been in the planning for quite some time. 6 1 Page Packet Pg. 14 4.1 BOCC Regular Meeting Tuesday, May 21, 2013 9:00 AM The County Administrator stated that the public tends to connect with the General Fund Operating Budget, that's the one that we have been grappling with and these funds can absolutely not be used for the General Fund. Commissioner Dzadovsky extended his thanks to the Friends of the Library. Commissioner Lewis stated that before this census there was a Library scheduled to be built in the southwest area where the population was under served. While we had funded to build the building, we were unable to fill the building with books or people to operate it. This is something that had been on the books and was removed. With the building becoming available and the funding working out, she feels that this is a good time to move fo rwa rd . Commissioner Mowery stated that he just wanted people to be aware of what was happening with that item. D. COMMUNITY SERVICES There are no items scheduled. - E. COURT ADMINISTRATION There are no items scheduled. - F. ENVIRONMENTAL RESOURCES 1. Land Development Code Text Amendment to the Shoreline Protection Standards - Adopted Commissioner Mowery gave kudos to staff regarding the Environmental Resources Shoreline Protection Standards; it is nice to see we are simplifying the process and making things happen more timely. G. HUMAN RESOURCES 1. Corizon Inmate Health Care Invoice No. CZN000012704 - Adopted 2. Corizon Inmate Health Care Invoice No. CZN000012705 - Adopted H. MOSQUITO CONTROL & COASTAL MGMT. SERVICES There are no items scheduled. - I. OFFICE OF MANAGEMENT BUDGET 7 1 Pa g e Packet Pg. 15 4.1 BOCC Regular Meeting Tuesday, May 21, 2013 9:00 AM There are no items scheduled. - J. PARKS, RECREATION, & FACILITIES 1. Budget Resolution for WPSL Christmas Kids of St. Lucie County Donation for Aquatics Program - Adopted 2. Waiver of Facility Rental and Admission Fees for The 2013 National Estuaries Day Festival - Adopted 3. Budget Resolution and Smithsonian Agreement for Donation of LED Sign at Museum Pointe Park - Adopted 4. Construction of Small Office and Restrooms at John B. Parks Skate Park - Adopted Commissioner Mowery questioned the raise in cost due to building issues and wanted to find out if there was a security issue regarding the restrooms. It had been raised previously that there were issues with the bathrooms initially and he wanted to know how that would differ with this proposal. Staff responded the Fenn Center restrooms were used initially and they experienced graffiti and vandalism within the first few weeks. There was also vandalism and inappropriate activities at the park because there were no eyes on site. They have decided to turn this into a supervised venue. Commissioner Mowery asked if the bathroom will actually be located on site and if it will part of or separate from the office building. Staff responded that the bathroom will be right at the entrance to the skate park and it will allow them to have on -site supervision. Commissioner Mowery asked if it will only be open when staff is present. Staff responded that it will only be open when staff is present K. PLANNING AND DEVELOPMENT SERVICES 1. Design and Construct Security Camera and High Mast Lighting Project -Florida Department of Transportation (FDOT) Match - Adopted L. PUBLIC SAFETY & COMMUNICATIONS 8 1 Page Packet Pg. 16 4.1 BOCC Regular Meeting Tuesday, May 21, 2013 9:00 AM 1. Memorandum of Understanding Concerning Treasure Coast Regional Communication System - Adopted M. PUBLIC WORKS 1. CDMSmith Work Authorization No. 10 - Adopted 2. Board approval to award RFP No. 13-030, Single Stream Q Recycling System. - Adopted o W 3. Board approval to award RFP No. 13-032, Household Hazardous a Waste Collection. - Adopted Q Z 4. Sunrise Boulevard between Ibis Avenue and Egret Avenue Culvert Replacement - Adopted Q 5. Old Dixie Highway Interim Roadway Repair - Adopted Q o 6. South Header Canal Road @ North St. Lucie River Water Control Ix a District (NSLRWCD) Canal No. 75 Culvert Sleeving - Adopted Z 7. Taylor Creek Dredging Phase 2 - Adopted LU 8. White City Drainage Citrus & Saeger - Phase 1 Amendment - Z Adopted N. SHERIFF'S OFFICE There are no items scheduled. - O. SUPERVISOR OF ELECTIONS There are no items scheduled. - P. TRANSPORTATION PLANNING ORGANIZATION There are no items scheduled. - VII. PUBLIC HEARINGS A. COUNTY ATTORNEY 1. Code Enforcement Cases - Unsightly and Unsanitary Conditions causing serious threat to public safety. - Adopted The Assistant County Attorney provided background on the following code enforcement cases: 75945- 2006 241" Street, Fort Pierce 75871- 150 Solaz Ave, Port St. Lucie 76239- 102 Bonita Ct., Port St. Lucie 9 1 Page Packet Pg. 17 4.1 BOCC Regular Meeting Tuesday, May 21, 2013 9:00 AM 74504- 2685-2691 Niagara Ave, Fort Pierce 75793- 7304 Deland Ave, Fort Pierce 75873- 1919 N 515t St, Fort Pierce 75792- 6905 Ocala Ave, Fort Pierce She advised the Board that all of the cases have gone before the Code Enforcement Board and were referred the Board of County Commissioners due to all of the cases being a serious threat to public welfare and safety. The following case numbers are in violation due to excess overgrowth of grass and weeds: 75945, 75871 & 76239. The following case numbers are in violation due to excess overgrowth of grass and weeds as well as needing exterior property maintenance as they need to be boarded up due to not being secure: 74504, 75793, 75873 & 75792. Notice was provided as required and staff is requesting permission to have the violations abated and place a lien on each of the properties. Commissioner Hutchinson asked if they were making any headway with the repeat offenders. The Assistant County Attorney responded that they do keep record and there is one repeat offender in this group but for the most part they don't get many. RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Paula A. Lewis, District No. 3 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson 2. Code Enforcement Case No. 74472 - 83 Aqua Ra Drive, Jensen Beach, FL - Unsightly and Unsanitary Conditions causing serious threat to public safety. - Adopted The Assistant County Attorney provided background on code enforcement case #74472 located at 83 Aqua Ra Drive, Jensen Beach. This property is being brought forth due to a violation of Chapter 67-1998. There is overgrowth that needs to be cut back and there has been a complaint from the neighbors that this is causing rodents. There is also an unsecured pool that needs to be treated and secured and there have been complaints from neighbors that the pool is causing mosquitoes. Notice was provided as required and staff is requesting permission to do a thirty day notice asking the owner to abate 10 1 P a g e IPacket Pg. 18 4.1 BOCC Regular Meeting Tuesday, May 21, 2013 9:00 AM these violations and if they don't then granting permission to have the violations abated and place a lien on the property. Commissioner Dzadovsky asked if the cover will protect children from falling into the pool. The Assistant County Attorney responded that the pool was covered at one point so there is metal over it but it the plastic has deteriorated allowing water into the pool. They need to verify the metal hasn't rusted out. Attorney Cliff Repperger of Gray -Robinson, P.A., 1795 Nasa Blvd, Melbourne, FL, addressed the Board on behalf of his client JP Morgan Chase Bank. His client does not believe that they are the current owners of the property due to the quit claim deed not being accepted by Chase Home Finance. He discussed the issues regarding the title and pending litigation as well as the curative efforts made. He stated that he's not sure that the County has the right party cited on the code violation and is not sure what the authority to act is at this point in time. He advised the Board that they are currently in the process of trying to work all this out and they are interested in resolving the violations. Commissioner Mowery advised that they are going to take the pool issue very seriously. The Assistant County Attorney advised the Board that they will provide the notice to both Chase and the previous owners. If the issues aren't taken care of then they will abate them and then figure out the legalities as we go. Commissioner Dzadovsky asked if this property has been registered as required by County Ordinance. The Assistant County Attorney responded that it has not been registered because the Property Appraiser's website shows them as the actual owner and she is assumed it's because of the dispute of ownership. Commissioner Dzadovsky stated that the public is looking to us to and he would like to see this cleaned up and move forward as we have an obligation to the community. The County Attorney clarified that they will send notice to both of the potential owners, the bank and the previous owners. They are not going to get in the middle of the title dispute. They simply want to eliminate the nuisance. 111 Pa g e IPacket Pg. 19 4.1 BOCC Regular Meeting Tuesday, May 21, 2013 9:00 AM The motion to approve was amended to include the statements made by the County Attorney regarding sending notice to both of the potential owners, the bank and the previous owners. RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Kim Johnson, District No. 5 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson 3. Code Enforcement Case No. 61564, 2707 Avenue T, Fort Pierce, FL - Unsightly and Unsanitary Conditions causing serious threat to public safety. - Adopted The Assistant County Attorney provided background on code enforcement case #61564 located at 2707 Avenue T, Fort Pierce. This property is being brought forth due to a violation of Chapter 67-1998. There is overgrowth that needs to be cut back and there are open windows, doors and a garage door that need to be secured. Staff is requesting permission to do a thirty day notice asking the owner to abate these violations and if they don't then granting permission to have the violations abated and place a lien on the property. This property had been previously secured and some of the openings have been re -opened. Staff also believes that the property has changed hands. Commissioner Hutchinson clarified that it was the County and not the owners who secured the property previously and this is the second time. She asked if they charge more when it's the second violation or if they have the ability to do so. The Assistant County Attorney responded that it was the County. She explained that they charge the actual cost. If they are repeat violations they can but the abating is only for the actual cost plus 6% interest. Commissioner Hutchinson commented that many properties change hands over and over again and no one claims ownership and in the meantime, the county is burdened with the costs. She talked about raising the fees for second and third time offenders. The Assistant County Attorney that has been passed that will the tax roll. talked about another ordinance allow them to put the costs on RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Frannie Hutchinson, District No. 4, Vice -Chair AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson B. PLANNING & DEVELOPMENT SERVICES 12 1 P a g e IPacket Pg. 20 4.1 BOCC Regular Meeting Tuesday, May 21, 2013 9:00 AM 1. Land Development Code Text Amendment Jenkins Road Area Plan Special District Section 4.12.05, Permitted Zoning and Rezoning - Adopted Staff gave a presentation (filed with the Clerk) that provided background on the proposed Land Development Code Text Amendment. Staff has received no public comments on the item and recommended approval of the ordinance. Commissioner Mowery asked the County Attorney if this is just considered a tweak in the plan rather than having to go back to Planning and Zoning. The County Attorney confirmed that it shouldn't have to go to Planning and Zoning as it is being re -styled as a modification and he feels it is consistent. He also clarified that this is a legislative item and not quasi-judicial. RESULT: ADOPTED [UNANIMOUS] MOVER: Kim Johnson, District No. 5 SECONDER: Chris Dzadovsky, District No. 1 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson 2. Annual Update to the Comprehensive Plan Capital Improvements Element (CIE) for FY2012/13 to FY 2016/17 - Adopted Staff gave a presentation (filed with the Clerk) on the annual Update to the Capital Improvements Element (CIE). Staff recommended approval of the ordinance. RESULT: ADOPTED [UNANIMOUS] MOVER: Kim Johnson, District No. 5 SECONDER: Frannie Hutchinson, District No. 4, Vice -Chair AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson 3. Comprehensive Plan text amendment to revise regulations related to residential development in areas designated AG-5 and AG-2.5 - Transmittal Hearing - Adopted Staff gave a presentation (filed with the Clerk) on the County - Initiated Amendments to Revise Regulations Related to Residential Development on AG-5 and AG-2.5 Lands and addressed both items VIIB3 and VIIB4 concurrently. Notice was published as required and there was one public comment in opposition. That person thought that this amendment increased development pressures or increased the intensity of development. She explained that this doesn't increase the amount of development that can occur and the intensity will remain the same. Staff recommended that the Board approve transmittal of the proposed comprehensive plan amendments 13 1 P a g e IPacket Pg. 21 4.1 BOCC Regular Meeting Tuesday, May 21, 2013 9:00 AM including the revisions to the State Department of Economic Opportunity for review and comment. Commissioner Mowery asked to review the map and questioned if this picks up any of the TVC. Staff advised that it does not as it is fundamentally different from the Western Lands. The Planning and Development Director addressed the Board regarding the presentation. He explained that as they looked at what was trying to be achieved in the 80/20 of the open space development portion of the PUD, the agricultural lands are different. As they looked at the PUD's that got approved, what they found was that the best plans didn't meet the 80/20. He talked about some examples. He feels that staff can achieve really good results working with the landowners and they will achieve a lot of what is intended within the PUD regulations and within the rest the requirements of the Land Development Code and Comprehensive Plan. Jonathan Ferguson addressed the Board on behalf of a large number of the landowners in the western part of the county. They have appreciated working with staff, they have been great as they have gone through and resolved these issues and he stated that they are in full concurrence with staff recommendation. They look forward to further discussions as they get into more complex details of the development of the Western Lands. Commissioner Dzadovsky thanked Mr. Ferguson and the stakeholders and landowners who have taken part in this process over the years. He also gave kudos to staff for having worked so hard to find compromise and find solutions. He asked if his clients are inclined to drop the Burt Harris claim and move forward in good faith without that cloud of a legal case. Jonathan Ferguson responded that the representations made to staff as they worked through this were that if they reached this point, in all likelihood the lawsuits would be settled. He explained that he is not directly involved in the litigation so he will leave that up to the litigators and the County Attorney's office. Commissioner Dzadovsky stated that he would support that effort as he feels that staff has worked well with the landowners and stakeholders to find a positive result and he feels that would show good faith on both sides. 14 1 Packet Pg. 22 4.1 BOCC Regular Meeting Tuesday, May 21, 2013 9:00 AM Jonathan Ferguson explained that the basis for the Burt Harris claims was the interpretation of the open space but with the removal of that, the fundamental dispute goes away and he sees no reason why the lawsuits would need to continue. He feels this is reasonable and logical compromise. The good development comes through the cooperation of both parties. Commissioner Johnson thanked Mr. Ferguson for the efforts made to work with staff. He also thanked Kara Wood and the Planning and Development Director for their hard work and he looks forward to moving forward on this. Jonathan Ferguson gave kudos to the Board because staff simply follows the policies established by the Board. Commissioner Hutchinson stated that it is with a great deal of pride and patience that they have reached this point and she also gives kudos to everyone involved, both the public, staff and the boards. Sometimes it's worth taking a second look at things and being more open allows them to have more creativity and control without all of the restrictions. RESULT: ADOPTED [UNANIMOUS] MOVER: Frannie Hutchinson, District No. 4, Vice -Chair SECONDER: Paula A. Lewis, District No. 3 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson 4. Land Development Code text amendment to revise regulations related to residential development in AG-5 and AG-2.5 - First Reading - Adopted Staff gave a presentation (filed with the Clerk) on the County - Initiated Amendments to Revise Regulations Related to Residential Development on AG-5 and AG-2.5 Lands and addressed both items VIIB3 and VIIB4 concurrently. Notice was published as required and there was one public comment in opposition. That person thought that this amendment increased development pressures or increased the intensity of development. She explained that this doesn't increase the amount of development that can occur and the intensity will remain the same. Staff recommended that the Board approve this for a second adoption hearing when the associated comprehensive plan text amendments return from the State Department of Economic Opportunity. Commissioner Mowery asked to review the map and questioned if this picks up any of the TVC. Staff advised that it does not as it is fundamentally different from the Western Lands. 15 1 P a g e IPacket Pg. 23 4.1 BOCC Regular Meeting Tuesday, May 21, 2013 9:00 AM The Planning and Development Director addressed the Board regarding the presentation. He explained that as they looked at what was trying to be achieved in the 80/20 of the open space development portion of the PUD, the agricultural lands are different. As they looked at the PUD's that got approved, what they found was that the best plans didn't meet the 80/20. He talked about some examples. He feels that staff can achieve really good results working with the landowners and they will achieve a lot of what is intended within the PUD regulations and within the rest the requirements of the Land Development Code and Comprehensive Plan. Jonathan Ferguson addressed the Board on behalf of a large number of the landowners in the western part of the county. They have appreciated working with staff, they have been great as they have gone through and resolved these issues and he stated that they are in full concurrence with staff recommendation. They look forward to further discussions as they get into more complex details of the development of the Western Lands. Commissioner Dzadovsky thanked Mr. Ferguson and the stakeholders and landowners who have taken part in this process over the years. He also gave kudos to staff for having worked so hard to find compromise and find solutions. He asked if his clients are inclined to drop the Burt Harris claim and move forward in good faith without that cloud of a legal case. Jonathan Ferguson responded that the representations made to staff as they worked through this were that if they reached this point, in all likelihood the lawsuits would be settled. He explained that he is not directly involved in the litigation so he will leave that up to the litigators and the County Attorney's office. Commissioner Dzadovsky stated that he would support that effort as he feels that staff has worked well with the landowners and stakeholders to find a positive result and he feels that would show good faith on both sides. Jonathan Ferguson explained that the basis for the Burt Harris claims was the interpretation of the open space but with the removal of that, the fundamental dispute goes away and he sees no reason why the lawsuits would need to continue. He feels this is reasonable and logical compromise. The good development comes through the cooperation of both parties. Commissioner Johnson thanked Mr. Ferguson for the efforts made to work with staff. He also thanked Kara Wood and the 16 1 P a g e IPacket Pg. 24 4.1 BOCC Regular Meeting Tuesday, May 21, 2013 9:00 AM Planning and Development Director for their hard work and he looks forward to moving forward on this. Jonathan Ferguson gave kudos to the Board because staff simply follows the policies established by the Board. Commissioner Hutchinson stated that it is with a great deal of pride and patience that they have reached this point and she also gives kudos to everyone involved, both the public, staff and the boards. Sometimes it's worth taking a second look at things and being more open allows them to have more creativity and control without all of the restrictions. RESULT: ADOPTED [UNANIMOUS] MOVER: Kim Johnson, District No. 5 SECONDER: Paula A. Lewis, District No. 3 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson VIII. REGULAR AGENDA A. County Attorney 1. Sales Tax Refunding Revenue Bonds, Series 2013A and 2013B - Adopted The County Attorney provided background on the Master Sales Tax Bond Resolution and addressed both items VIIIAI and VIIIA2 concurrently. He explained that they have the opportunity to refund certain sales tax revenue bonds that were issued in 2003 and 2005. The interest rates at the time ranged and the outstanding principal amount is about $61 Million. The interest rates are historically low. He read a portion of a memorandum from Mr. Jay Glover (filed with the Clerk) into the record. Staff recommends that the Board approve the Bond Resolutions. RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Kim Johnson, District No. 5 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson 2. Sales Tax Refunding Revenue Bonds, Series 2013A and 2013B - Adopted The County Attorney provided background on the Master Sales Tax Bond Resolution and addressed both items VIIIAI and VIIIA2 concurrently. He explained that they have the opportunity to refund certain sales tax revenue bonds that were issued in 2003 and 2005. The interest rates at the time ranged and the outstanding principal amount is about $61 Million. The 17 1 Pa g e IPacket Pg. 25 4.1 BOCC Regular Meeting Tuesday, May 21, 2013 9:00 AM interest rates are historically low. He read a portion of a memorandum from Mr. Jay Glover (filed with the Clerk) into the record. Staff recommends that the Board approve the Bond Resolutions. RESULT: ADOPTED [UNANIMOUS] MOVER: Chris Dzadovsky, District No. 1 SECONDER: Kim Johnson, District No. 5 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson B. Items Moved from Consent 1. Warrant List No. 31 and 32. - RESULT: ANNOUNCED Motion to: Motion to Approve Warrant List Nos. 31 and 32 - Adopted RESULT: ADOPTED [4 TO 01 MOVER: Chris Dzadovsky, District No. 1 SECONDER: Paula A. Lewis, District No. 3 AYES: Tod Mowery, Chris Dzadovsky, Paula A. Lewis, Kim Johnson ABSTAIN: Frannie Hutchinson IX. ANNOUNCEMENTS Commissioner Dzadovsky expressed his thanks again to stakeholders, staff and the community. We will be under development pressure soon as the economy is turning around. To solve these issues in advance of development pressures is going to make our county attractive to outside development and allow us to round out our economic plan for the future. He also thanked the County Administrator. Commissioner Mowery talked about some of the upcoming projects such as a new Hess facility in Port St. Lucie at the intersection of Midway and I-95, Campers World and La Mesa that will be going in soon as well. He also mentioned Hospital expansion project and the fees being generated by that project. Commissioner Hutchinson commented that it's not if the development is coming, it's when. One area of concern is Midway road and she explained why. DOT is willing to move forward to take that section under a federal process which cuts down on the time if the County will take on the cost of the design and planning. She asked that the Board keep it in the back of their minds going into strategic planning. Commissioner Mowery stated that a lot of the development will be going on within the City of Port St. Lucie. He was reviewing the development review map with the County Administrator for that area and looking at the proposed developments and they are seeing some momentum. He also mentioned the opportunities for the utilities economic revenue. 18 1 Packet Pg. 26 4.1 BOCC Regular Meeting Tuesday, May 21, 2013 9:00 AM Commissioner Dzadovsky discussed the possibility of a turnpike access at Midway Road. Commissioner Hutchinson stated that there is too much eminent domain that would have to take place on the four corners of that section. It would have to be "Sunpass Only" as they are not interested in putting an access point there. Commissioner Dzadovsky responded that now several of the surrounding properties are in foreclosure so this may be a good time to take a look at it and possibly have willing sellers. Commissioner Hutchinson stated that there may not be enough time with the development coming. That is going to be a bottleneck with the hurricane evacuation. The overpass has to be built no matter what. The interchange can be looked at down the road. She agrees that it is a good idea and she has been trying to go down that road. County offices will be closed on Monday, May 27, 2013 to observe Memorial Day. - The Board of County Commissioners will hold the 2013 Strategic Planning Session June 12th thru 14th at the Havert L. Fenn Center located at 2000 Virginia Avenue, Fort Pierce, FL - X. MOTION TO ADJOURN There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 19 1 Page IPacket Pg. 27 4.2 ITEM NO. RES-2013-99 J COUNTY ` R I ID A AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Heather Young, Asst. County Attorney SUBMITTED BY: County Attorney DATE: 06/04/2013 *PROCLAMATIONS/PRESEN TATI O N S SUBJECT: Adoption of a Resolution Proclaiming June 11, 2013 as "A No Kill County for Just One Day" in St. Lucie County, Florida. BACKGROUND: On June 11, 2013, animal shelter and rescue groups around the country will join together as a "No Kill Nation for Just One Day" in order to promote alternatives to euthanasia of shelter animals. On that day, participating shelters will pledge to not euthanize any of the animals in their care. The proposed proclamation will declare June 11, 2013 to be "A No Kill County for Just One Day" in St. Lucie County and urge all area shelters and animal groups to work together to support efforts to make a difference in the life of shelter animals even if it is for just one day. COMMISSION ACTION: RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS] MOVER: Kim Johnson, District No. 5 SECONDER: Chris Dzadovsky, District No. 1 AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson Coordination/Signatures �ani i S. McInt re oYAttorneY 5 23 2013 CONCURRENCE: County Administrator, ICMA-CM Packet Pg. 28 4.2.a 06/04/2013 A RESOLUTION PROCLAIMING JUNE 11, 2013 AS ""A NO KILL COUNTY FOR JUST ONE DAY" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. June 11, 2013 has been recognized as "A No Kill Nation for Just One Day" honoring the eleventh year anniversary of the founding of the No Kill Advocacy Center and its efforts to save the lives of dogs and cats which might otherwise be euthanized in shelters every year. 2. Animals improve our health, protect us from danger, and teach us about caring and responsibility and are often considered cherished members of our families. 3. The No Kill Movement in the United States has successfully implemented new and innovative programs that provide alternatives to euthanasia of shelter animals. 4. Further development of No Kill advocacy programs has the potential to save even greater numbers of shelter animals. 5. On June 11, 2013, animal shelters and rescue groups across the county will join together as a "No Kill Nation for Just One Day" to create the safest day for shelter animals in U.S. history. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim June 11, 2013, as ""A NO KILL COUNTY FOR JUST ONE DAY" in St. Lucie County, Florida. 2. This Board urges all shelters and animal groups in the community to support "A No Kill County for Just One Day" on June 11, 2013 to make a difference in the lives of shelter animals even if it is for just one day. PASSED AND DULY ADOPTED this 4th day of June, 2013. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY Packet Pg. 29 7.A.1 05/17/13 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR WARRANT LIST #33- 11-MAY-2013 TO 17-MAY-2013 FUND SUMMARY FUND TITLE EXPENSES PAYROLL 001 General Fund 727,722.68 0.00 001449 St. Lucie County Boating Education 5,314.25 0.00 001451 FDEM Emergency Preparedness FY 13 14,936.70 0.00 001452 DEM RCMP 2012-2013 790.65 0.00 001512 Neighborhood Stabilization Program 27,151.66 0.00 001519 CDBG FY 2008 Disaster Recovery 3,033.82 0.00 001527 SRL - 10701 S. Ocean Dr. 0.96 0.00 001538 HUD Neighborhood Stab 3 1,579.30 0.00 001539 Sate Routes to School Program 75.00 0.00 001544 CDBG Disaster Recov Enhanc Prog 1,726.45 0.00 001545 HUD Shelter Plus Care Grant 12,212.00 0.00 001546 HUD Shelter Plus Care Grant 11,229.14 0.00 001547 112 MPO FHWA Planning Grant 3,026.46 0.00 001548 Emergency Mgt Preparedness 2013 856.30 0.00 001549 Community Services Block Grant 2013 1,075.10 0.00 001550 HUD Shelter Plus Care 8,327.00 0.00 101 Transportation Trust Fund 37,531.95 0.00 101001 Transportation Trust Interlocals 18.75 0.00 101002 Transportation Trust/80s Constitut 52,194.20 0.00 101003 Transportation Trust/Local Option 51,477.63 0.00 101004 Transportation Trust/County Fuel Tx 8,134.08 0.00 101006 Transportation Trust/Impact Fees 5,800.00 0.00 102 Unincorporated Services Fund 2,267.62 0.00 102001 Drainage Maintenance MSTU 7,182.81 0.00 102113 DEM Indian River Estates Drainage 321,911.17 0.00 102812 Paradise Park Stormwater Ph 3 0.30 0.00 104003 Hurricane Frances Donations 203.00 0.00 105 Library Special Grants Fund 1,592.31 0.00 107 Fine & Forfeiture Fund 272,207.08 0.00 107001 Fine & Forfeiture Fund -wireless Sur 25,746.66 0.00 107002 Fine & Forfeiture Fund-E911 Surchar 1.37 0.00 107003 Fine & Forfeiture Fund--800 Mhz Oper 196.24 0.00 107005 F&F Fund -Legal Aid 9,157.25 0.00 107177 DOJ" Edward Byrne Memorial Countywid 22,059.71 0.00 130113 FTA 5307 FY2011 5.66 0.00 130114 FTA 5307 FY 2013 18.75 0.00 140 Airport Fund 11,167.39 0.00 140001 Port Fund 2,418.89 0.00 140369 FDOT Taylor Crk Perm. Spoil Site Co 1,862.79 0.00 140370 Taylor Creek Dredging -Phase 2 7,667.21 0.00 140373 Terminal/Customs Apron Rehab 19,894.46 0.00 150 Impact Fee Collections 2.81 0.00 160 Plan Maintenance RAD Fund 360.31 0.00 170 Court Facilities Fund 5,086.41 0.00 183 Ct Administrator-19th Judicial Cir 2,673.57 0.00 183004 Ct Admin.- Teen Court 1,423.60 0.00 183006 Guardian Ad Litem Fund 865.41 0.00 184217 S SLC Beach Rest 13SL1 852,806.92 0.00 Packet Pg. 30 7.A.1 05/17/13 FZABWARR FUND TITLE 185012 189105 189106 189203 190 310001 316 39012 401 418 451 458 471 478 479 491 505 505001 505002 606 611 625 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #33- 11-MAY-2013 TO 17-MAY--2013 FUND SUMMARY FHFA SHIP 2010-2011 HUD Housing Counseling Grant FY 2011 Home Consortium Hardest Hit fund Advisor Services Sports Complex Fund Impact Fees -Library County Capital S.Hutch Beach&Dune Restoration SAD Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund No County Utility District-Operatin No Cty Util Dist -Renewal & Replace No Cty Util Dist -Capital Facilities Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Health Insurance Administration Shared Pool Cash -Property Appraiser Tourist Development Trust-Adv Fund Law Library Bank Fund GRAND TOTAL: EXPENSES 0.96 3.17 25,006.91 15.23 31,110.45 4,694.31 316.56 835,601.26 129,378.78 16,724.82 10,756.51 4.86 21,845.32 15,630.94 4.46 1,795.37 49,604.73 11,438.71 13,661.61 200,000.00 8,536.79 13,250.00 33,598.14 3, 965, 973. 67 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 0.00 796.80 0.00 0.00 0.00 0.00 0.00 0.00 796.80 Packet Pg. 31 7.A.1 05/24/13 FZABWARR FUND TITLE 001 001009 001450 001451 001452 001512 001519 001534 001538 001539 001544 001545 001546 001547 001549 001550 101 101001 101002 101003 101004 101006 102 102001 105 107 107001 107002 107003 107006 129 130113 130214 140 140001 140361 140370 140376 150 160 183 183001 183004 183006 184217 185012 187 188 ST. LUCIE COUNTY -- BOARD WARRANT LIST #34- 18-MAY-2013 TO 24-MAY-2013 FUND SUMMARY General Fund Gen -One Time Funding FCTD Planning Grant FDEM Emergency Preparedness FY 13 DEM RCMP 2012-2013 Neighborhood Stabilization Program CDBG FY 2008 Disaster Recovery Metropolitan Planning/Section 5303 HUD Neighborhood Stab 3 Safe Routes to School Program CDBG Disaster Recov Enhanc Prog HUD Shelter Plus Care Grant HUD Shelter Plus Care Grant 112 MPO FHWA Planning Grant Community Services Block Grant 2013 HUD Shelter Plus Care Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/80o Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU 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 -Court Related Technology Parks MSTU Fund FTA 5307 FY2011 FCTD Trip Grant 2012/2013 Airport Fund Port Fund FDOT - Port of Ft. Pierce Dredging Taylor Creek Dredging -Phase 2 FDOT New Port Ent 2nd street Imp Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.- Teen Court Guardian Ad Litem Fund S SLC Beach Rest 13SL1 FHFA SHIP 2010-2011 Boating Improvement Projects Bluefield Ranch Improvements EXPENSES PAGE 1 PAYROLL 235,718.25 488,564.16 16,748.00 0.00 29.92 393.74 158.00 0.00 5,190.88 562.29 3,209.11 173.07 77.12 1,040.70 11,103.86 1,533.26 6,606.27 3,089.67 61.66 811.90 162.`15 2,223.24 43.20 120.97 8.99 120.98 7,345.77 8,044.35 23,988.61 3,048.17 10.92 147.10 4,330.54 36,312.41 84.62 1,237.60 38,598.27 42,639.70 11,741.49 11,927.53 14,736.62 15,808.28 6,249.41 0.00 5,103.97 63,757.22 11,562.98 14,952.88 426.83 0.00 101,418.85 141,550.33 362.08 970.79 74.11 970.78 6,913.01 0.00 18,006.51 9,038.13 1,220.00 0.00 151.80 2,085.83 31,884.38 0.00 5,031.58 11,088.77 148.80 0.00 15,580.00 0.00 684.50 0.00 5,584.40 0.00 343.46 228.48 38,111.04 3,110.47 1,142.52' 3,242.00 300.00 0.00 1,670.91 3,183.42 15,686.97 0.00 93,214.29 0.00 2.91 38.63 542.50 0.00 0.59 0.00 Cn H z Q 140 Packet Pg. 32 7.A.1 05/24/13 F2ABWARR FUND TITLE 189102 189103 189105 189106 189203 190 310002 316 318 401 418 451 458 471 478 479 491 505 505001 505002 611 801 ST. LUCIE COUNTY - BOARD WARRANT LIST ##34- 18-MAY-2013 TO 24-MAY-2013 FUND SUMMARY Home Consortium 2009 Home Consortium FY 2010 HUD Housing Counseling Grant FY 2011 Home Consortium Hardest Hit fund Advisor Services Sports Complex Fund Impact Fees -Parks County Capital County Capital -Transportation Bond Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund No County Utility District-Operatin No Cty Util Dist -Renewal & Replace No Cty Util Dist -Capital Facilities Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Health Insurance Administration Tourist Development Trust-Adv Fund Bank Fund GRAND TOTAL: EXPENSES PAGE 2 PAYROLL 57.97 1,026.44 17,430.00 0.00 3.49 48.41 39.85 300.83 23.74 329.03 15,513.30 19,129.43 1,220.00 0.00 180,933.04 0.00 600.00 0.00 65,405.45 46,366.06 24,278.15 14,451.60 4,128.30 4,524.11 48.87 673.23 2,540.38 7,110.47 18,800.16 1,215.69 75.74 1,027.74 1,497.03 20,111.92 42,182.00 0.00 15,134.08 2,390.13 370.21 2,973.92 1,046.78 2,388.75 240,546.84 0.00 1,373,248.63 996,084.61 141 Packet Pg. 33 7.B.1 ITEM NO. (ID # 1334) TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: DATE: 06/04/2013 AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS JoAnn Riley, Property Acquisitions Manager Property Acquisition Division *CONSENT AGENDA\COUNTY ATTORNEY Avalon Beach P.U.D. - Modification of Easement Agreement On November 8, 2005, the Board of County Commissioners approved Resolution 05-356 granting Site Plan and Planned Unit Development (P.U.D.) approval to the project known as Avalon Beach P.U.D. On November 14, 2006, the Board of County Commissioners approved the Plat of Avalon Beach P.U.D. Avalon Beach P.U.D. is currently requesting approval of a Major Adjustment to the P.U.D. and to replat all of the lands lying East of State Road A1A. The current Dune Easement permits a single central dune crossover. The proposed replat adds two dune crossovers within the Dune Conservation Easement. The Environmental Resources Department has reviewed and supports the two additional crossovers, to prevent pedestrian impacts to the dune, see attached Memorandum. PREVIOUS ACTION: November 14, 2006 - Board of County Commissioners approved the Plat of Avalon Beach P.U.D. November 8, 2005 - Board of County Commissioners approved Resolution 05-356 granting Site Plan and Planned Unit Development (P.U.D.) approval to the project known as Avalon Beach P.U.D. FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board accept the Modification of Easement Agreement, authorize the Chairman to sign the Modification of Easement Agreement, and direct staff to record the Modification of Easement Agreement in the Public Records of St. Lucie County, Florida. Packet Pg. 34 7.B.1 COMMISSION ACTION: RESULT: MOVER: SECONDER: AYES' ADOPTED BY CONSENT VOTE [UNANIMOUS] Kim Johnson, District No. 5 Frannie Hutchinson, District No. 4, Vice -Chair Mowery, Hutchinson, Dzadovsky, Lewis, Johnson CONCURRENCE: aye W. Outlaw, County Administrator 6/5/2013 County Administrator, ICMA-CM Coord i nation / Sig natures ianiqWMdntyr��y Attorney 5/23/2013 Updated: 5/23/2013 12:40 PM by JoAnn Riley Page 2 Packet Pg. 35 7.B.1.a This instrument prepared by: W. LEE DOBBINS, ESQ. Dean, Mead, Minton & Zwemer 1903 South 25th Street, Suite 200 Fort Pierce, FL 34947 (772)464-7700 MODIFICATION OF EASEMENT AGREEMENT THIS MODIFICATION OF EASEMENT AGREEMENT ("Modification") is made effective as of , 2013 (the "Effective Date") by and between UTG AVALON, LLC, a Florida limited liability company ("Grantor"), whose post office address is P.O. Box 328, Stanford, Kentucky 40484, and ST. LUCIE COUNTY, a political subdivision of the State of Florida ("Grantee"), whose mailing address is 2300 Virginia Avenue, Fort Pierce, Florida 34982. WITNES SETH: WHEREAS, pursuant to that certain Dune Easement recorded on January 8, 2007 in Official Records Book 2735, Page 2172, of the Public Records of St. Lucie County, Florida (the "Dune Easement"), a perpetual, non-exclusive easement for the preservation and conservation of certain dunes was granted to Grantee on and over certain real property described therein (the "Easement Area"); and WHEREAS, Grantor, as the current owner in fee -simple title of certain real property including the Easement Area, and Grantee desire to modify the Easement as set forth herein. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound, agree as follows: 1. Recitals: The foregoing recitals are true and correct and are made a part of this Modification. All capitalized terms not defined herein shall have the meanings given such terms in the Dune Easement. 2. Expansion of Dune Easement. The Dune Easement is hereby modified to encumber not only the real property identified as "Dune Easement" on the plat of Avalon Beach P.U.D. recorded in Plat Book 55, Pages 19-21, of the public records of St. Lucie County, Florida, but to also encumber the property identified as "Dune Easement" on the plat of Avalon Beach P.U.D. Unit 1, to be recorded in the Public Records of St. Lucie County, Florida on or about the date of recording of this Modification of Easement Agreement, thereby extending the Easement Area east to the current mean high water line. 3. Passive Recreational Facilities: Paragraph 3 of the Dune Easement is hereby deleted in its entirety, and the following is substituted in lieu thereof F0155289.4 Packet Pg. 36 7.B.1.a 3. Passive Recreational Facilities. Grantor reserves all rights as owner of the Property, including the right to engage in uses of the Property that are not prohibited herein and that are not inconsistent with any rule or ordinance of Grantee, and the intent and purposes of this conservation easement. Grantor may conduct limited land clearing for the purpose of constructing, repairing, replacing or maintaining up to three (3) dune crossovers or walkways within "Tract Al" and within the two (2) "8' Wide Pedestrian Access Easements", as identified on the plat of Avalon Beach P.U.D. Unit 1, to be recorded in the Public Records of St. Lucie County on or about the date of recording of this Modification of Easement Agreement. This reservation does not release Grantor from the duty of obtaining any necessary federal, state, or local government permits or authorizations required for construction of any improvements. 4. Full Force and Effect. Except as expressly modified herein, the terms and covenants of the Dune Easement shall remain in full force and effect. S. CounteKparts. This Modification may be executed in any number of identical counterparts. If so executed, each of such counterparts is to be deemed an original for all purposes and all such counterparts shall, collectively, constitute one agreement, but, in making proof of this Modification, it shall not be necessary to produce or account for more of such counterparts than are required to show that each party hereto executed at least one such counterpart. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] F0155289.4 2 Packet Pg. 37 7.B.1.a IN WITNESS WHEREOF, the undersigned has executed this Modification as of the Effective Date. Signed in the presence of GRANTOR: Print Name: Print Name: STATE OF FLORIDA COUNTY OF UTG AVALON, LLC, a Florida limited liability company By: Print Name: Title: The foregoing instrument was acknowledged before me this _ day of , 2013, by as of UTG AVALON, LLC, a Florida limited liability company. Said person (check one) ❑ is personally known to me, ❑ produced a driver's license (issued by a state of the United States within the last five (5) years) as identification, or ❑ produced other identification, to wit: Print Name: Notary Public, State of Florida Commission No.: My Commission Expires: F0155289.4 3 Packet Pg. 38 7.B.1.a Signed, sealed and delivered in GRANTEE: the presence of. ATTEST: By: Print Name: Deputy Clerk STATE OF FLORIDA COUNTY OF ST. LUCIE M. Tod Mowery, Chairperson Approved as to correctness of form: Daniel S. McIntyre, County Attorney The foregoing instrument was acknowledged before me this day of 2013 by TOD MOWERY, as Chairperson of the ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS, on behalf of the Board, who is personally known to me. (SEAL) Print Name: Notary Public, State of Florida Commission No.: My Commission Expires: F0155289.4 4 Packet Pg. 39 EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY FILE # 2988097 OR BOO" 2735 PAGE 2172, Recorded 01/08/2007 03:13 PM Doc Tax: $0.70 This Instrument Prepared By: W. LEE DOBBINS, ESQ. Klein & Dobbins, P, L. 805 Virginia Avenue, Suite 25 Post Office Box 2414 Fort Pierce, Florida 34954-2414 (772)409-1133 DUNE EASEMENT THIS DUNE EASEMENT is given by AVALON ON THE BEACH HOLDINGS, LLC, a Florida limited liability company ("Grantor") to ST. LUCIE COUNTY, a political subdivision of the State of Florida ("Grantee"). As used herein, the term Grantor shall include any and all heirs, successors or assigns of Grantor, and all subsequent owners of the "Property" (as hereinafter defined) and the terra Grantee shall include any successor or assignee of Grantee. WITNESSETH: WHEREAS, Grantor is the owner of certain lands situated in St. Lucie County, Florida, which Grantor has platted pursuant to the plat of Avalon Beach P.U.D., recorded in Plat Book 55, Pages 19-21, of the public records of St. Lucie County, Florida (the "Plat"); and WHEREAS, Grantor desires to construct Avalon Beach P.U.D. ("Project"), which is subject to the regulatory jurisdiction of Grantee; and WHEREAS, Grantee requires the conservation and preservation of certain dunes located within the Plat; and WHEREAS, Grantor is agreeable to granting and securing to Grantee a perpetual conservation easement as defined in Section 704.06, Florida Statutes, over the real property identified on the Plat as the "Dune Easement" (the "Property"); NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, Grantor hereby grants, creates, and establishes a perpetual conservation easement for and in favor of Grantee upon the Property which shall run with the land and be binding upon Grantor, and shall remain in full force and effect forever. The scope, nature, and character of this conservation easement shall be as follows: L It is the purpose of this conservation easement to retain land in its natural, vegetative, scenic, or open condition and to retain such areas as suitable habitat for plants or wildlife. To carry out this purpose, the following rights are conveyed to Grantee by this casement: � 00003573.2 ) Packet Pg. 40 OR BOOK 2735 PAGE 2173 7.B.1.b a. To enter upon the Property at reasonable times with any necessary equipment or vehicles to enforce the rights herein granted in a manner that will not unreasonably interfere with the use and quiet enjoyment of the Property by Grantor at the time of such entry; and b. To enjoin any activity on or use of the Property that is inconsistent with this conservation easement and to enforce the restoration of such areas or features of the Property that may be damaged by any inconsistent activity or use. 2. Except for restoration, creation, enhancement, maintenance and monitoring activities, which are permitted or required by the Permit, or any activities expressly permitted hereinbelow, the following activities are prohibited in or on the Property: a. Construction or placing of buildings, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground; b. Dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash, waste, or unsightly or offensive materials; c. Removal or destruction of trees, shrubs, or other vegetation, except for the removal of exotic vegetation in accordance with a maintenance plan approved by Grantee; d. Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such manner as to affect the surface; e. Surface use except for purposes that permit the Property to remain in its natural condition; f. Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation including, but not limited to, ditching, diking and fencing; g. Acts or uses detrimental to such aforementioned retention of land or water areas; and h. Acts or uses which are detrimental to the preservation of any features or aspects of the Property having historical or archaeological significance. 3. Passive Recreational Facilities. Grantor reserves all rights as owner of the Property, including the right to engage in uses of the Property that are not prohibited herein and that are not inconsistent with any rule or ordinance of Grantee, and the intent and purposes of this conservation easement. Grantor may conduct limited land clearing for the purpose of constructing, repairing, replacing or maintaining a dune crossover or walkway on the real property identified as "Tract A" on the Plat. This reservation does not release Grantor from the duty of obtaining any necessary federal, state, or local government permits or authorizations required for construction of any fW093573 2) Packet Pg. 41 OR BOOK 2735 PAGE 2174 7.B.1.b improvements. 4. No right of access by the general public to any portion of the Property is conveyed by this conservation easement. 5. Grantee shall not be responsible for any costs or liabilities related to the operation, upkeep or maintenance of the Property. 5. Grantor shall pay any and all real property taxes and assessments levied by competent authority on the Property, 7. Any costs incurred in enforcing, judicially or otherwise, the terms, provisions and restrictions of this conservation easement shall be borne by and recoverable against the nonprevailing party in such proceedings. 8. Enforcement of the terms, provisions and restrictions of this conservation easement shall be at the reasonable discretion of Grantee, and any forbearance on behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by Grantor, shall not de deemed or construed to be a waiver of Grantee's rights hereunder. 9. Grantee will hold this conservation easement exclusively for conservation purposes. Grantee will not assign its rights and obligations under this conservation easement except to another organization qualified to hold such interests under the applicable state laws. 10. if any provision of this conservation easement or the application thereof to any person or circumstances is found to be invalid, the remainder of the provisions of this conservation easement shall not be affected thereby, as long as the purpose of the conservation easement is preserved. 11. All notices, consents, approvals or other communications hereunder shall be in writing and shall be deemed properly given if sent by United States certified mail, return receipt requested, addressed to the appropriate party or successor -in -interest. 12. This conservation easement may be amended, altered, released or revoked only by written agreement between the parties hereto or their heirs, assigns or successors -in -interest, which shall be filed in the public records in St. Lucie County. TO HAVE AND TO MOLD unto Grantee forever. The covenants, terms, conditions, restrictions and purpose imposed with this conservation easement shall be binding upon Grantor, and shall continue as a servitude running in perpetuity with the Property. Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said Property in fee simple; that the Property is free and clear of all encumbrances that are inconsistent with the terns of this conservation easement; that Grantor has good right and lawful authority to convey this {00003573.2) Packet Pg. 42 OR BOOK 2735 PAGE 2175 7.B.1.b conservation easement; and that it hereby fully warrants and defends the title to the conservation easement hereby conveyed against the lawful claims of all persons claiming by, through or under Grantor, but not otherwise. IN WITNESS WHEREOF, the undersigned have hereunto set their authorized hands thisy.0- day of _.2015c Signed, sealed and delivered in our presence as witnesses: WITNESSES: 1 -� Print Name: ':f tC STATE OF FLORIDA COUNTY OF AVALON ON THE BEACH HOLDINGS, LLC, a Florida limited liability company By: AVALON ON THE BEACH, LLC, a Florida livaqd I a 'lity company, its Man mg b By: Ga . Sh ar, Managing Member The foregoing instrument was acknowledged before me this A day of IsaJ M0%.A , 2006, by GAP Y O. SHEAR, as Managing Member of AVALON ON THE BEACH, LLC, a Florida limited liability company, as Managing Member of AVALON ON THE BEACH HOLDINGS, LLC, a Florida limited liability company. Said person (check one) Xis personally known to me, o produced a driver's license (issued by a state of the United States within the last five (5) years) as identification, or o produced other identification, to wit: J"1ti»xV,Wn�n/u' /W.yVyY SV�• PUA 1t. 1./llt131:5.:4, Fenv c�,ns+u�s»:�„uu..v^aw Print Name, R..c.anlrEtiu :=w kra: ria .nrs,-vu Notary Public, State of Florida 340TAH' Fi 4.pvtnu':uin .l xr Li, Commission No.: AD '4°l'}roo't My Commission Expires: Uslag (00003573.2) Packet Pg. 43 OR BOOK 2735 PAGE 2176 7.B.1.b JOINDER The undersigned, as owner and holder of that certain Mortgage (the "Mortgage") dated January 23, 2006, recorded in Official Records Book 2471, Page 1217, of the Public Records of St. Lucie County, Florida, hereby joins in the execution of the foregoing Dune Easement (the "Easement") to consent to the terms and conditions set forth therein and to make the lien of the Mortgage, and any related loan documents, as it may be modified and/or assigned in the future, subject, subordinate, junior and inferior to the easements, rights and obligations granted or created, or contemplated to be granted or created, under the Easement and any amendments thereto in the future. WACHO IA BA , ational Association y: Print Nam . Its: [Corporate Seal] STATE OF FLORIDA COUNTY OF .]vajy ,- i><L v -r 4 The foregoing instrument was acknowledged before my. is � day of by ale . s- 4� ;' , as 4 [ of WACHOVIA BANK, National Association. Said person (check one) gris personally known to me, o produced a driver's license (issued by a state of the United States within the last five (5) years) as identification, or Q produced other identification, to wit: VirintName: 1DAdL'k A 41iU'a'..�C Notary Public, State of t tt cr. Commission No.: ! ;1) (; .3J_ 1Q -7 My Commission Expires: 7>_, PAJMUSOti; MY COMMISSION I OD 179 ! EXPIRES:Oece Or14.2010 BOnd,tlThN Notary PW6; and—ft. [00003573.2 } ', irlum COUNTY '"1 � I H At, pp cgs • A4 Packet Pg. 44 r� f) d u Mw all ash � o g^ v � o� if s n �z js ar 8 g° eWc i _ a ow� ew, 3; g VN a W-- Pon agQ`� sa h *2 1 T. 8e, �9v � m� i n"g 099 T IH € a ^n 1 ale ^dc°E' 7.B.1.c N F Packet Pg. 45 7 a w 9 ! 'gills g� s U w J p Sig! �`PNg4G �CEAS W11 all a �r g . vo i .. mm' a$ Noo'0 '�]•w� m� i ih :3 S � � k[ �'�6S 90.00• SW'SB'4l'Eyy 1 90.00' p K 4 r o N y g 8 &p k 90.00'.w V Bs�h� P§ Ix '7 4 g xiMu-1 r`` lrcb i S PowTEyy w a tltl 9o.m' 9 a R CCh * a'ar�.rw � S p 5f10'1B' 90-W, 1 " 90.., J I S�M5ov I I m 7• � � =$ 1WE `d N m N 9o,oa y p � sR I w @ I I � �999a�u Noa�3r�rw �s r» Packet Pg. 46 7.B.1.c (vE 9uLi fl 6u.00 I.i I 140'li-I N n 500']B�/YE g o'39'.l•W � � 500:16• $ QIS F W s 7o6'a6arw a d � s# UI n � � 9o.00'iHR $SS hq a sarse'arE �6ry8�+R •yIa°, � �y 9 dJg�n gS WOO "C d I �LeS.�6aa y� as _ C. l � �¢d.n n_a5, mRp�gR r Y m b aaoo SB'al"W yr O � i I a I c I [ ii �a INDI AN RIVER i,p-• q s- Packet Pg. 47 2 3 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 ' 7.B.1.d bEOWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE if 2748244 17121/2005 a101:25 PM OR BOOK 241 a PAGE 942 - 954 DIX Type: RESO RECORDING: $112.00 41 [ RESOLUTION 05-356 FILE NO: PUD-054021RZ-04-0141PUD-04-04012 A RESOLUTION GRANTING A CHANGE IN ZONING FROM THE H1RD (HUTCHINSON ISLAND RESIDENTIAL DISTRICT) ZONING DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT - OCEAN ESTATES) ZONING DISTRICT AND FINAL PLANNED DEVELOPMENT SITE PLAN APPROVAL FOR THE PROJECT TO BE KNOWN AS OCEAN ESTATES - PUD WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including, but not limited to the staff report, has made the following determinations: CHANGE IN ZONING Vero Ocean Partners, LLC. presented a petition for a Change in Zoning from the HIRD (Hutchinson Island Residential District) Zoning District to the PUD (Planned Unit Development — Ocean Estates) Zoning District and Final Planned Development Site Plan Approval for the project to be known as Ocean Estates — PUD, consisting of 38 single- family homes on 15.83 acres of property located on the west and east sides of North SR A-1-A, between North and South Avalon State Park depicted on the attached maps as Exhibit "A" and described in Part "B" below. 2. The Development Review Committee has reviewed the site plan for the proposed project and found it to meet minimum technical requirements. 3. On August 19, 2004, the St. Lucie County Planning and Zoning Commission held a public hearing, of which due public notice was published and mailed to all property owners within 500 feet at least 10 days prior to the hearing, and recommended to the Board of County Commissioners that Preliminary Planned Development Site Plan approval forthe project to be known as Ocean Estates be granted. 4. On October 19, 2004, the St. Lucie County Board of County Commissioners held a public hearing, of which due public notice was published and mailed to all property owners within 500 feet at least 10 days prior to the hearing, and granted Preliminary Planned Development Site Plan approval for the project to be known Ocean Estates. 5. On November 8, 2005, this Board held a public hearing on the petition, after publishing a notice of such hearing and notifying by mail all owners of property within 500 feet of the subject property for the purpose of considering the granting of Final Development Site Plan approval for the project to be known Ocean Estates - PUD, located on the property described below. File No_: PUD-05-0021RZ-04-014/PUD-04-012 November 8, 2005 Resolution 05-356 Page 1 Packet Pg. 48 7.B.1.d 1 1 6. The proposed Change in Zoning is consistent with the St. Lucie County Comprehensive 2 Plan and meets the requirements of Section 11,06,03 of the St. Lucie County Land 3 Development Code. 4 5 SITE PLAN 6 7 7. The petitioner is proposing the construction of 38 single-family homes, 32 west of SR A 1- 8 A and 6 east of SR A-1 A for property located on the east and west sides of North SR A 1- 9 A, between North and South Avalon State Park. 10 11 S. The Development Review Committee has reviewed the site plan for the proposed project 12 and found it to meet minimum technical requirements. 13 14 9. On August 19, 2004, the St. Lucie County Planning and Zoning Commission held a public 15 hearing, of which due public notice was published and mailed to all property owners within 16 500 feet at least 10 days prior to the hearing, and recommended to the Board of County 17 Commissioners that Preliminary Planned Development Site Plan approval for the project to 18 be known as Ocean Estates be granted. 19 20 10. On October 19, 2004, the St. Lucie County Board of County Commissioners held a public 21 hearing, of which due public notice was published and mailed to all property owners within 22 500 feet at least 10 days prior to the hearing, and granted Preliminary Planned 23 Development Site Plan approval for the project to be known Ocean Estates. 24 25 11. On November 8, 2005, this Board held a public hearing on the petition, after publishing a 26 notice of such hearing and notifying by mail all owners of property within 500 feet of the 27 subject property for the purpose of considering the granting of Final Planned Development 28 Site Plan approval for the project to be known as Ocean Estates - PUD, to be located on 29 the property described below. 30 31 12. The proposed project is consistent with the general purpose, goals, objectives, and 32 standards of the St. Lucie County Land Development Code, the St. Lucie County 33 Comprehensive Plan, and the Code of Ordinances of St. Lucie County. 34 35 13. The proposed project will not have an undue adverse effect on adjacent property, the 36 character of the neighborhood, traffic conditions, parking, utility facilities, or other matters 37 affecting the public health, safety, and general welfare. 38 39 14. All reasonable steps have been taken to minimize any adverse effect of the proposed 40 project on the immediate vicinity through building design, site design, landscaping, and 41 screening. 42 43 15. The proposed project will be constructed, arranged, and operated so as not to interfere 44 with the development and use of neighboring property, in accordance with applicable 45 district regulations. 46 File No.: PUD-05-002/RZ-04-014/PUD-04-012 Resolution 05-356 November 8, 2005 Page 2 Packet Pg. 49 7.B.1.d 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 16. The proposed project will be served by adequate public facilities and services. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 11.02.05 of the St. Lucie County Land Development Code, the Final Site Plan for the project to be known as Ocean Estates - A Planned Unit Development be, and the same is hereby approved as shown on the site plan drawings for the project prepared by the Houston Cuozzo Group, Inc., dated July 28, 2005, and date stamped received by the St. Lucie County Growth Management Director on July 29, 2005, for the property described below, subject to the following conditions: 1. No two adjoining homes shall have the same front architectural elevation. 2. Pursuant to Section 3.01.03(AA)(7)(A) of the St. Lucie County Land Development Code, the first twelve (12) units of this project will be subject to only the standard road impact fee for the type of proposed construction. The remaining twenty-six (26) units will be subject to the Alternate Development Fee of $2,336 per dwelling unit, which includes the required road Impact fee. All 38 units will be subject to all other required Impact fees and any other fee or assessment that St. Lucie County may lawfully assess. 3. Prior to Final Plat approval for this project, the developers, their successors or assigns, shall have entered into an enforceable utility service agreement with St. Lucie County Utilities to ensure the provision of water and sewer services. This agreement shall be In a form consistent with St. Lucie County regulations regarding utility service extensions and service provisions. 4, The irrigation system within this project shall be designed to accept reuse water from the St. Lucie County Utilities as the preferred method of irrigation. 5. Prior to the issuance of any land clearing permits for the Ocean Estates development, the developers, their successors or assigns, shall clearly delineate all areas to be preserved and/or protected. Delineation shall be either the placing of silt fencing, safety fencing or similar type of materials. Flagging shall not be used except as a guide for the installation of the fencing materials. All land clearing activities shall be in accordance to the specific conditions/standards outlined in the Land Clearing Permit. B. The property on which this Final Planned Development Site Plan approval is being granted is described as follows: PARCEL 1 BEGINNING AT THE INTERSECTION OF THE SOUTH BOUNDARY OF GOVERNMENT LOT 4, SECTION 3, TOWNSHIP 34 SOUTH, RANGE 40 EAST, AND THE EAST BOUNDARY OF PRESENT COUNT ROAD RIGHT -OF --WAY, THENCE NORTHWESTERLY ALONG SAID RIGHT. OF -WAY 100 FEET AND RUN THENCE EAST, PARALLEL WITH THE SOUTH BOUNDARY OF Fife No.: PUD-05-002/RZ-04-014/PUD-04-012 November 8, 2005 Resolution 05-356 Page 3 Packet Pg. 50 7.B.1.d 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 SAID LOT 4, 390 FEET MORE OR LESS TO THE ATLANTIC OCEAN; THENCE, RUN SOUTHERLY MEANDERING THE OCEAN SHORELINE TO THE SOUTH BOUNDARY OF SAID LOT 4; THENCE, WEST ALONG SAID SOUTH BOUNDARY 389 FEET MORE OR LESS TO THE POINT OF BEGINNING. SAID LANDS LYING AND SITUATED IN ST. LUCIE COUNTY, FLORIDA- PARCEL 2 THE SOUTH 300 FEET OF THE SOUTHEAST'/4 OF THE NORTHWEST % OF SECTION 3, TOWNSHIP 34 SOUTH, RANGE 40 EAST AND THE SOUTH 300 FEET OF GOVERNMENT LOT 4, SECTION 3, TOWNSHIP 34 SOUTH, RANGE 40 EAST, LESS AND EXCEPT THE 100 FOOT ROAD RIGHT-OF-WAY FOR A1A, AND LESS AND EXCEPT THE FOLLOWING DESCRIBED TRACT: BEGINNING TO THE INTERSECTION OF THE SOUTH BOUNDARY OF GOVERNMENT LOT 4, SECTION 3, TOWNSHIP 34 SOUTH, RANGE 40 EAST, AND THE EAST BOUNDARY OF PRESENT COUNTY ROAD RIGHT-OF-WAY, THENCE NORTHWESTERLY ALONG SAID RIGHT-OF-WAY 100 FEET AND RUN THENCE EAST, PARALLEL WITH THE SOUTH BOUNDARY OF SAID LOT 4, 390 FEET MORE OR LESS TO THE ATLANTIC OCEAN; THENCE, RUN SOUTHERLY MEANDERING THE OCEAN SHORELINE TO THE SOUTH BOUNDARY OF SAID LOT 4; THENCE, WEST ALONG SAID SOUTH BOUNDARY 389 FEET MORE OR LESS TO THE POINT OF BEGINNING; BEING THE TRACT DEED TO HARRY ZAHRLY AND HIS WIFE, ANNA ZAHRLY ON NOVEMBER 2,1946, AS PER DEED RECORDED IN DEED BOOK 129, PAGE 147, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. ALL LYING AND BEING IN ST. LUCIE COUNTY, FLORIDA. (Tax ID#: 1403-130-0011.01013; 1403430W11-00010; and,1403430W12-00017)) (Location: West and east sides of North SR A-1-A, between North and South Avalon State Park) C. This Final Planned Development Site Plan approval shall expire on November 8, 2007, unless an extension is granted in accordance with Section 11.02.06(B)(3), St. Lucie County Land Development Code or final plat approval has been granted. D. The Final Planned Development Site Plan approval granted under this resolution is specifically conditioned to the requirement that the petitioner, Ocean Estates Ventures, LLC. , including any successors in interest, shall obtain all necessary development permits and construction authorizations from the appropriate Local, State, and Federal regulatory authorities, including but not limited to; the United States Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District prior to the issuance of any local building permits of authorizations to commence development activities on the property described in Part B. E. A copy of this resolution shall be attached to the site plan drawings described in Part A, which plan shall be placed on file with the St. Lucie County Growth Management Director. File No.: PUD-05-0021RZ-04-014/PUD-04-012 November 8, 2005 Resolution 05.356 Page 4 Packet Pg. 51 7.B.1.d 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 1B 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 F. The certificate of capacity, attached as Exhibit A, shall be valid for the same period as this order. If this order expires or otherwise terminates, the certificate of capacity shall automatically terminate. G. This Order shall be recorded in the Public Records of St. Lucie County. After motion and second, the vote on this resolution was as follows: Chairman Frannie Hutchinson AYE Vice -Chairman Doug Coward AYE Commissioner Paula A. Lewis AYE Commissioner Joseph E. Smith AYE Commissioner Chris Craft AYE PASSED AND DULY ADOPTED this 8th Day of November 2005. ATTEST: �;' \' •; e .F F7 1 i Clerk BOARD OF COUNTY ST. LUCIE COUNTY, BY W- J J M. Uhalrm�n APPROVED AS TO FORM AND hf H:IWORD1Petitions%BCCIFIN ISHED.0410ceanEstatesFinaEPD. PDIOceanEstatesFinalPD-RES.doc File No.: PUD-05-002/RZ-04-014/PUD-04.012 November 8, 2006 Resolution 05-356 Page 5 r m E a) aD L aM Q c m m N w m c 0 U d 00 c 0 Q M M_ �O LO M Lh 0 O d c d E M U ca r Q Packet Pg. 52 7.B.1.d 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Exhibit "A" Certificate of Capacity File No.: PUD-05-002/RZ-04-0141PUD4A-012 November 8, 2005 Resolution 05-356 Page B Packet Pg. 53 7.B.1.d St Lucie County Certificate of Capacity Date 11/8/2005 Certificate No. 2239 This document certifies that concurrency will be met and that adequate public facility capacity exists to maintain the standards for levels of service as adopted in the St Lucie County Comprehensive Plan for: 1. Type of development Final Planned Unit Development Number of units 38 Number of square feet 2. Property legal description & Tax ID no. 1403-130-0011-010/3, et. al . E&W sides of SR A-1-A, between N/S Avalon SP Ocean Estates - PUD I Approval: Building Resolution No. 05-356 Letter 4. Subject to the following conditions for concurrency: See Resolution 05-356. Owner's name Ocean Estate Ventures, LLC. Address 622 Beachland Boulevard Vero Beach FL 32963 6. Certificate Expiration Date 11/8/2007 This Certificate of Capacity is transferable only to subsequent owners of the same parcel, and is subject to the same terms, conditions and expiration date listed herein. The expiration date can be extended only under the same terms and conditions as the underlying development orderissued with this certificate, or for subsequent development order(s) issued for the same property, use and size as described herein. Signed " 1 I Date: 11/9/2005 Growth Management Director St Lucie County, Florida Wednesday, November 09, 2005 Page 1 of 2 Packet Pg. 54 7.B.1.d 1 2 3 4 5 6 7 g 9 10 11 12 13 14 15 16 17 18 Exhibit `B" Location Maps and Site Plan Graphics Fife No.: PUD-05-0021RZ-04-014/PUD-04-012 November 8, 2005 Resolution 05-356 Page 8 Packet Pg. 55 7.B.1.d U ' J Ln g N N � N =3 N N 0 N � t�7 �a t a. W a aoar �� ya 0 4 4 Ln S � A ll'7 ra DM ; M itl a+ as a O (D 0- ad U h � a rn da a ANUF ptl WY✓J 3 p� b m [S » G h ryunoo 89g04O"XC) M M tD LO M I u7 O C O 'rr 3 O w N� E :.i Q Packet Pg. 56 7.B.1.d r m E a) m L Im Q E CD N R W O C 7 t u R d m C O Gl Cl) M �O LO M LO O C O 7 O w N r.+ C N E t t� cC r r Q Packet Pg. 57 7.B.1.d Did a#!S Ond IOQU oPPON - Ajunoo ojon7'4S SaIVIS9 uVaap � e E / , s mv Jill it ilk ' R 1 Hit lilt l4 sad I � at�}E I I{{ I '—Aw uMWI L---.�..__ WE z Packet Pg. 58 Patt- Location Map L'J GPub i r�r 4ae� m e { A—Il Stke�Pw k SCO40ANorth I IV- W 4s� �� • Zoning: H.4D �c.:n•u \I My , GR O par rarvract_ . : r r �eqq'+ do Zormy, hRD oPs I., } j3 K ... -.1 .ly3Yrg, .� w. eNa.r FLJ . CRb : Zon7nghIRD Key Map Soaau ikua -�_ Par -AT 1 -1 - m.wr s!.wr ca�nr+a; suo� _ ,w., Cmmx caao. .en 5ecrlcn �:wc c Barr. rLU : GWb Zoning, HERD asa 1 AVGloR 5WLo Park rres� ae,-c�Rc •-1. 'reR Wry war SFG Ro1QctEnfty&Rn _is Ent fUr— e� o 52 .? eas'wR.�{.. nAF1eC °N.{a E a'I r 51gi rlel illfll I .a - .rwnb. �• r+�+W al Jha rL,La Movol W wa.n k 4rcibn 'S :, •, I -fin r t 1 LO'ltrKi:bn �= y FLV RL ti 11 R i a.li Ac6. �2, 3 r Q Packet Pg. 59 Location Map Kev &fag _ sLdcg: Y 1Part-B �1 EntD4 Aron sm. rig Typfcaf LfAht Detal! u xrs 1 L C1i1� iCa . 1 59 Y� -A A16M' OM —V WK IA. 4<51-75W 5y� n_n C—Lcl 55 F 5 LOIIL�O1 � 5 GoRSL'+LL�G� 1 5 CI i COObt II 5 FLU RU 5/ C—vol 55Znnin[�: F*€S:' 45 GorstrxGon ►� t X 5� `` wopoeaott» FLU a Aecwo l a Zorinc: HIS '41 5 Detall wgm Mo. ro+rELe LINE lr�-a4-mas, 1 1 sad.: P-w Nortt, Conte tuol Noose Pion Elevatj NTS Ar j�,�fLl 'If�cucool]C _.... .._ Las Ocrei�VMr-r 97! Packet Pg. 60 TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: 7.B.2 ITEM NO. RES-2013- 100 DATE: 06/04/2013 AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS JoAnn Riley, Property Acquisitions Manager Property Acquisition Division *CONSENT AGENDA\COUNTY ATTORNEY North Causeway Park Dock Improvement Project - Florida Boating Improvement Program - Upland Easement Application In March of 2013 St. Lucie County submitted a Grant Application to the Florida Boating Improvement Program (FBIP) for the North Causeway Park Dock Improvement Project. During the review process FBIP requested site control documentation. This request was forwarded to the Department of Environmental Protection (DEP). DEP determined St. Lucie County needs to complete an Upland Easement Application. A requirement of the application is a Resolution adopted by the Board of County Commissioners requesting the proposed Easement. The Easement is needed to provide upland access to a heavily used four lane boat launch facilities with temporary tie-up docking. The general public will be able to access the Indian River Lagoon, the Intracoastal Waterway and the Fort Pierce Inlet for recreational boating activities. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board authorize the Chairman to sign the Resolution and forward to the Department of Environmental Protection Upland Leasing Section. COMMISSION ACTION: Packet Pg. 61 7.B.2 RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS] MOVER: Kim Johnson, District No. 5 SECONDER: Frannie Hutchinson, District No. 4, Vice -Chair AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson CONCURRENCE: County Administrator, ICMA-CM Coordination/Signatures ani S. McIntyr ,/, ty Attorney 5/23/2013 Updated: 5/28/2013 11:31 AM by JoAnn Riley Page 2 Packet Pg. 62 7.B.2.a Adopted 06/04/2013 RESOLUTION NO. 2013-xxx A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, PROVIDING FOR BACKGROUND INFORMATION CONCERNING THE NORTH CAUSEWAY PARK DOCK IMPROVEMENT PROJECT; PROVIDING JUSTIFICATION FOR THE EASEMENT OVER STATE- OWNED LANDS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. In March of 2013, St. Lucie County submitted a Grant Application to the Florida Boating Improvement Program (FBIP) for the North Causeway Park Dock Improvement Project. The planned improvements include design, permitting and replacement of three existing fixed boarding docks with floating docks along with the re -decking of the existing tie-up dock and piers at North Causeway Island Park. 2. North Causeway Island Park is a heavily used four lane boat launch facilities with temporary tie-up docking with access to the Indian River Lagoon, the nation s most biologically diverse estuary, the Intracoastal Waterway and the Fort Pierce Inlet for recreational boating activities. o r 3. St. Lucie County is a fisherman s paradise. Fishing is one of the major o: industries for the area s initial economy and was a catalyst of the area s early E development. r a 4. This project will benefit the 11,360 registered boaters in St. Lucie County as of 2012, plus visitors in and around St. Lucie County. The planned improvements will provide a safe means for canoers/kayakers, boaters and their passengers and will improve public waterway access and navigational safety. I Packet Pg. 63 7.B.2.a NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The proposed North Causeway Park Dock Improvement Project is in the public interest. 2. This Board respectfully requests the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, grant an Upland Easement as identified in the attached sketch and legal description, over its property for the use and benefit of the North Causeway Park Dock Improvement Project. After motion and second the vote on this Resolution was as follows: Tod Mowery, Chairman xxx Frannie Hutchinson, Vice -Chair xxx Commissioner Chris Dzadovsky xxx Commissioner Paula A. Lewis xxx Commissioner Kim Johnson xxx M 0 N PASSED AND DULY ADOPTED this 4t" day of June, 2013. w ATTEST: BOARD OF COUNTY c COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA o a� o: w DEPUTY CLERK CHAIRMAN r APPROVED AS TO FORM AND a CORRECTNESS: BY: K COUNTY ATTORNEY Packet Pg. 64 7.B.2.b UPLAND EASEMENT APPLICATION BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA This application is to be used in order to apply for easement interest in land, title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (Board of Trustees). If you have any questions, after reading this application form, you may call (850) 245-2720 for assistance. Mail application to: Department of Environmental Protection, Division of State Lands, Bureau of Public Land Administration, 3800 Commonwealth Boulevard, Tallahassee, Florida 32399-3000, MS 130. SPECIAL NOTE TO ALL APPLICANTS: SUBMITTAL OF A COMPLETE APPLICATION SHALL NOT OPERATE TO CREATE ANY RIGHTS OR CONSTITUTE ANY GROUNDS FOR THE DEPARTMENT TO RECOMMEND APPROVAL OF ANY EASEMENT. THE BOARD OF TRUSTEES HAS THE AUTHORITY AND RESERVES THE RIGHT TO DENY ANY EASEMENT APPLICATION. ALL COSTS INCURRED BY APPLICANTS COMPLYING WITH THE REQUIREMENTS OF THIS APPLICATION SHALL BE AT THEIR OWN RISK. COSTS ASSOCIATED WITH OBTAINING AN EASEMENT ARE NON-REFUNDABLE AND SHALL BE ASSUMED BY THI APPLICANT INCLUDING, BUT NOT LIMITED TO, ALL APPRAISALS, ALL SURVEYS, ALL TITLE SEARCHES, AND ALL RECORDING FEES. PRIOR TO COMPLETING THE APPLICATION, PLEASE BE ADVISED THAT: Any application to use state land which would result in significant adverse impact to state land or associated resources shall not be approved unless the applicant demonstrates there is no other alternative and proposes compensation or mitigation acceptable to the Board of Trustees pursuant to paragraph 1 2.018(2)(i), Florida Administrative Code. Any requested use of state land which has been acquired for a specific purpose, such as conservation and recreation lands, shall be consistent with the original specified purpose for acquiring such land pursuant to paragraph 18-2.018(2)(c), Florida Administrative Code. Applicants applying for an easement across state land which is managed for the conservation and protection of natural resources shall be required to provide net positive benefit as defined in subsection 18-2.017(38), Florida Administrative Code, if the proposed easement is approved Type of Easement: i Private i Federal, Regional or Local Agency i State Agency ANTICIPATED CONSTRUCTION DATE: Jh§dWWt Information: Name: Home Phone: Mailing Address: City: Email Address: State Zip: Work Phone: Fax Number: Representative Information: Only complete if someone will be handling this transaction on your behalf. Name: Home Phone: Mailing Address: City: State: Zip: Email Address: Property Information: County: Property Appraiser's Parcel Number: Section: Township: Range: Zoning Designation: Intended Use of Property: Work Phone: Fax Number: Include the Following with the Application: Please check all that are included (Private Easements Only) A check in the amount of $300 made payable to the Department of Environmental Protection. This fee in non-refundable. (Private Easements Only) A written commitment to pay an easement fee based on the appraised market value of the proposed easement. (Local Governments Only) A formal resolution adopted by the Board of County/City Commissioners requesting the proposed easement. Recent aerial photograph with the boundaries of proposed easement area identified. A statement describing the public benefits that will occur as a result of the proposed easement. A letter from the applicable local planning agency stating that the proposed easement is consistent with the local government Comprehensive plan adopted pursuant to section 163-3167, Florida Statutes. A county tax map identifying the parcel proposed for easement. Two prints of a certified survey of the easement area meeting the minimum technical standards of Chapter 5J-17.050-052, Floridz Administrative Code, which contain the boundaries, legal descriptions, and acreage of the property. A statement of written approval from the managing agency along with a statement from the managing agency describing how the proposed easement conforms to the management plan when the easement application involves state land which is under lease, sublease, easement, or management agreement. Applications for easements across state land shall include a statement of intended use which shall include, at a minimum, the following: 1. The requested term for the proposed easement which shall not be greater than is necessary to provide for the reasonable use of the state land. 2. The need for the proposed easement and written evidence that all other alternatives to the use of state land have been denied. 3. Projected revenue to be generated from the use of the state land. 4. Whether the intended use is public or private and the extent of public access for such use. 5. A description of the type of facility proposed for the easement area (e.g. road, overhead utility, pipes, etc.) ***General Information: The granting or approval of an easement that will negatively affect the Board of Trustees' ability to manage uplands in a manner that achieves maximum public benefit will be discouraged pursuant to paragraph 18-2.018(2) (b), Florida Administrative Code. The successful grantee shall assume all liability for the property covered by the easement. c 0 M Q a Q c 0 E m M w c M a c m E t 0 2 .r Q -1.docF: /BLMS/Standard/Standard/AP-EAS Packet Pg. 65 7.B.2.c Parcel Proposed for Easement _ 'AM;7'13 � • Legend L7 Parcel Proposed for Easement Parcel Boundaries Parcel ID 1434-121-0001-000-5 Ir- j .. Z,7 MR n, +- AVENUE O N 0 250 510 t I i I i I Feet Map prepared May 22, 2013 Packet Pg. 66 a 7.B.2.d A parcel of land consisting of submerged filled, formerly submerged sovereign lands Section 34, Township 34 South, Range 40 as follows: sovereign lands within the Indian River and adjacent to the Indian River, located in East, St. Lucie County, Florida, described Commence at the Southwest corner of said Section 34 as depicted in Florida Department of Environmental Protection Certified Corner Record No. 97,644; thence North 00'00'30' West along the west line of said Section 34 a distance of 328.20 feet to an intersection with the centerline of State Road No. A-1—A, as depicted on Florida Department of Transportation Right of Way Map for State Road No. A-1—A, Section No. 9406-104; thence along said centerline the following four courses: North 87'25'30' East a distance of 776.45 feet to a point of curvature of a curve to the left, concave northerly, having a radius of 1146.28 feet; thence easterly along the arc of said curve through a central angle of 18'53'24' for an arc distance of 377.92 feet to the point of tangency; thence North 6832'06' East a distance of 2587.43 feet to a point of curvature of a curve to the left, concave northwesterly, having a radius of 1146.28 feet; thence northeasterly along the arc of said curve through a central angle of 8'18'44' for an arc distance of 166.29 feet to an intersection with the southerly line of State of Florida Board of Trustees of the Internal Improvement Trust Fund Deed No. 17895—B; thence leaving said centerline, North 41'26'00' West, along the southerly line of said Deed No. 17895—B, a distance of 153.65 feet to a point on the northwesterly right of way line of said State Road No. A-1—A, said point being the southerly —most corner of those lands leased to the Florida Department of Environmental Protection, Division of Recreation and Parks in State of Florida Board of Trustees of the Internal Improvement Trust Fund Lease No. 2742 and the Point of Beginning of the herein described lands: Thence continue North 41'26'00' West along the southwesterly boundary of said leased lands, a distance of 149.41 feet; thence leaving said southwesterly boundary, North 57'53'36' East a distance of 545.71 feet; thence South 32'06'24' East a distance of 150.00 feet to the northwesterly right of way line of State Road No. A-1—A; thence South 57'53'36' West along said northwesterly right of way line a distance of 450.00 feet to the point of curvature of a curve to the right, concave northwesterly, having a radius of 996.28 feet; thence southwesterly along the arc of said curve through a central angle of 4'06'55' for an arc distance of 71.56 feet to the Point of Beginning, said lands containing 79,948 square feet or 1.84 acres, more or less. NOTES: LEGEND: 1. THIS IS NOT A SURVEY. TIITF = BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA. 2. BEARINGS ARE ASSUMED. FDEP = FLORIDA DEPARTMENT OF ENVIRONMENTAL W PROTECTION THIS DOCUMENT OR COPIES THEREOF ARE NOT VALID = WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF FDOT FLORIDA DEPARTMENT OF TRANSPORTATION A FLORIDA LICENSED SURVEYOR AND MAPPER. CCR = CERTIFIED CORNER RECORD NO. = NUMBER 4. THIS PACE IS NOT VALID WITHOUT PAGES 2 AND 3 OF 3. CL = CENTERLINE SR = STATE ROAD R/W = RIGHT OF WAY Alt POC = POINT OF CURVATURE POT = POINT OF TANGENCY If--� �� 1 L = LENGTH OF CURVE mi1?CASHMAN D = DELTAL OF CURVE POFES ON SURVEYOR AND MAPPER R = RADIUS OF CURVE �ORIDA CERT;F!CATE NO. 5186 DIVISION OF STATE LANDS, FDEP DATE OF SIGNATURE: `5 --) 6, _ ' 1 -:�) DEPT. of ENVIRONMENTAL PROTECTION LEGAL DESCRIPTION DIVISION OF STATE LANDS PORTION OF SECTION 34 FL3900 COMMONWEALTH BLVD. M.S. 105 TOWNSHIP 34 SOUTH, RANGE 40 EAST OR y TALLAHASSEE, FL 32399 ST. LUCIE COUNTY �'REAUoFsu='TF=. . (850) 245-2606 PAGE 1 OF Packet Pg. 67 7.B.2.d NOO.00'30'W �m- 328.20' r;l LIME OF � O O I SECTION 3+ 91 A �0 �Z �J O � � V` > m�lr4 JCA�� za rn 0- I r � 1 1 Hwy m m � N Q :J ch LLI 00 1 d C � G DEPT. of ENVIRONMENTAL PROTECTION SKETCH OF LEGAL DESCRIPTION 1 DIVISION OF STATE LANDS PORTION OF SECTION 34 a FLORIE3A 3900 COMMONWEALTH BLVD. M.S. 105 TOWNSHIP 34 SOUTH, RANGE 40 EAST TALLAHASSEE, FL 32399 ST. LUCIE COUNTY SUREAU'OF URVEV6L)F STATEuMAPPING (850) 245-2606 PAGE 2 OF 3 Packet Pg. 68 A'# UL 'po 40, 410 DEPT. of ENVIRONMENTAL PROTECTION DIVISION OF STATE LANDS 3,900 COMMONWEALTH BLVD. M.S. 105 SFLORK YA TALLAHASSEE, FL 32399 OlVISION OF STATE LA140B —2606 BORER OF SURVEY & MAMNG (850) 245 N --AlFeV u CD V E m SKETCH OF LEGAL DESCRIPTION PORTION OF SECTION 34 TOWNSHIP 34 SOUTH, RANGE 40 EAST ST. LUCIE COUNTY DATE OF AERIAL: 2009 PAGE 3 OF I Packet Pg. 69 7.B.2.e " @Florida Fish and Wildlife Conservation Commission Florida Boating Improvement Program yFWC.rarr Grant Application for Boating Access Facilities FOR OFFICE'USE ONLY Granit A' li606a Number:: Dane R,eeeivedl: Fill in all sections that apply --- Leave all other sections blank I - APPLICANT INFORMATION a. Applicant: St. Lucie County BOCC b. Federal Employer Id. No.: 59-6000835 e. Project Manager Name: Mark DiMascio Project Manager Title: Division Manager Parks & Special Facilities d. Mailing Address: 2300 Virginia Avenue City: Fort Pierce Zip Code: 34982 e. Shipping Address: 2300 Virginia Avenue City: Fort Pierce Zip Code: 34982 f, Telephone: 772-462-2551 Fax: 772-462-2377 Email: dimasciom@stlucieco.org g. District Numbers: U.S. Congressional: 18 State Senate: 32 State House: 84 II - PROJECT SUMMARY a. Project Title: North Causeway Park Dock Improvement Project b. Type of Application: ® New (never considered before) ❑ Reconsideration ❑ Phased Continuation --Phase No.: TIER-1 TIER -II c. Project Category: ❑ A —Public Launching Facilities ® A -w- Boat Ramps, Piers, and Docks ❑ B _ Public Launching Facilities d. Project Cost: Total Cost: $ 152,250 Amount Requested: $ 145.000 c. Project Summary: The North Causeway Island Park is located on North Hutchinson Island in Fort Pierce, FL. The park includes plenty of parking with restrooms located near the boat ramps. Amenities and activities at this location include a boat ramp, picnic tables, pavilions, fishing, restrooms and canoe or kayak access. This is a Pack It Out Park under the management of St. Lucie County. Planned improvements include design, permitting and replacement of three existing fixed boarding docks with floating docks along with the re -decking of the existing tie-up dock and piers at North Causeway Island Park. The current dock at North Causeway Island Park is 120' (3 @ 40') feet with 1 (U shaped) tie-up pier. The length of the pier is 250' which includes walkway. A floating dock system rises and falls with the tide, along with the boats tied to it. In the existing fixed pier system, boats rise and fall significantly with the tide, requiring slack lines to account for the movement. At low tide, exiting a boat may require a steep climb to the dock. At high tides during full moons, the dock is often under water. Due to the large variations in high and low tides, the improvements will provide a safe public access for visitors arriving via motorized or non -motorized boats. In addition, the dock will enhance the amenities provided at this location by providing a place to fish and enjoy a leisurely scenic picnic. In this project application, St. Lucie County is seeking $145,000 toward the $152,250 project cost. The North Causeway Island Boat Ramp facility is awned by the Trustees of the Internal Improvement Trust Fund, subject to the rights of the United States of America to a perpetual easement for maintenance of the Intracoastal Waterway. St. Lucie County is currently working with the state Department of Environmental Protection on a lease agreement that will satisfy the site control requirements for this grant program. We hope to have this finalized in time for grant approval. FWC/FBIP-B (03/12) Page 1 of 7 68-1.003, F.A.C. Packet Pg. 70 7.B.2.e III - FACILITY INFORMATION a. Facility Name: North Causeway Island Park b. Type of Facility: ® Existing Boat Ramp / Public Launching Facility ❑ Existing Marina / Tie-up / Overnight Moorage Facility ❑ Proposed Boat Ramp / Public Launching Facility ❑ Proposed Marina / Tie-up / Overnight Moorage Facility ❑ Other: c. Facility location: County: St. Lucie Count„ Water body: Indian River Lagoon with Atlantic „Ocean access Township: 34S Section: 34 Range: 40E Latitude: 27' 28'23.40" N Longitude: 80' 19' 16.80" W Facility Street Address or Location: 500 North Causewa Drive Fort Pierce FL 34949 d. Upland Ownership: ❑ Public - Fee Simple ❑ Public — Lease Number of Years Remaining in Lease: Name of Owner: .._Trustees of Internal Improvement Trust Fund (Lease Agreement in Development)__ e. Is this facility open to the general public? ® Yes ❑ No f. Estimate Percent (%) Use of Launching Facility: 90 % Motorboats/Sailboats 10 %Non -Motorboats g. Day Use, Parking or Launch Fee Amount: $ 0 Tie-up/Overnight Moorage: $ 0 h. Number of Launch Lanes: 4 Condition: ❑ New ® Good ❑ Average ❑ Poor i. Number of Boarding Docks: 4 Length: 40_ Ft. Condition: ❑ New ❑ Good ❑ Average ® Poor Type of docks: ® Fixed Wooden ❑ Fixed concrete ❑ Floating ❑ Other : j. Number of Boat Trailer Parking Spaces: 35 Condition: ❑ New ® Good ❑ Average ❑ Poor k. Tie-up Dock or Moorage: 120' Ft or Slip Condition: ❑ New ❑ Good ® Average ❑ Poor Type of docks: ® Fixed Wooden ❑ Fixed concrete ❑ Floating ❑ Other: 1. Other Facility Attributes: Restroom: ® Yes ❑ No ❑ Proposed Other: boat ramp picnic tables, pavilions,, fishing, and canoe or kayak access. ^ Pump out or Dump Station: ❑ Yes ® No Other: m. Names of adjacent boating facilities, public and private (ramps, tie-up facilities/marinas) within a 10-mile radius. Name Distance Name Distance 1. Stan Blum 0.42 mi. 2. Riverwalk Boat Ramp (Manatee Center) 0,58 mi. 3. Black Pearl Boat Ramp 0.65 mi. 4. Taylor Creek Marina 1.11 mi. 5. Museum Point Park 1.54 mi. 6. Harbortown Marina 1.98 mi. 7. Riverside Marina 2.48 mi. 8. Jaycee Park Marina 4.21 mi. 9. 10. r Q FWC/FBIP-B (03/12) Page 2 of 7 68-1.003, F.A.C. Packet Pg. 71 7.B.2.e IV — PROJECT DESCRIPTION a. List Primary Need for Project: ® Safety ❑ High Demand by Users ® Age -end of Useful Life ❑ Environmental Needs of the Area Recommended by FWC Staff Other: El Lack of In-house Capability ❑ b. Need Statement: The North Causeway Island Park fixed docks will make way for floating docks that are currently unsafe during very low and high tides. Also, re -decking of the tie-up dock and piers that is 25 years old or older is planned. The boarding dock is presently in a state of disrepair and well beyond its useful life. This proposed grant will make boarding, docking, and tying up vessels much more convenient and safe. This location is available to boaters on a first -come first -serve basis. The newly re -constructed dock will provide several functions: provide a safe means for canoers/kayakers, boaters of all ages and their passengers to access the Indian River Lagoon and the Intracoastal Waterway; reduce opportunities for human hazards and unforeseen launching dangers; and improve public waterway access and navigational safety. c. Approach (Scope of Work): Describe the project's scope of work by providing a list of tasks and deliverables: The project will consist of the design, engineering and permitting and installation of floating docks and re -decking of the tie-up dock and piers at North Causeway Island Park, Task 1- Obtain lease agreement with State Department of Environmental Protection Task 2- Obtain bids for design and construction of dock improvements Task 3- Secure contract to design and construction improvements Task 4- Obtain required permits for designed improvements Task 5- Construct new floating dock system (floating dock and gangway) Task 6- Re -decking of the mooring dock with composite wood or fiberglass reinforced plastic Task 7- Closeout grant This proposed grant will make boarding, docking, and tying vessels much more safe and convenient. d. Project Benefits: This project will benefit the 11,360 registered boaters in St. Lucie County as of 2012, plus visitors in and around St. Lucie County. The proposed dock will be built to improve the quality and safety of users who frequent this location. The project will serve as support facilities to users who utilize the site and will provide additional benefits to public navigation, in that it will serve as an easy navigational landmark for smaller to mid -size vessels and canoers/kayakers. The newly re -constructed dock will provide several functions: provide a safe means for canoers/kayakers, boaters and their passengers to access the Indian River Lagoon and Intracoastal Waterway; reduce opportunities for human hazards and unforeseen launching dangers; and improve public waterway access and navigational safety. St. Lucie County is a fisherman's paradise. Fishing is one of the major industries for the area's initial economy and was a catalyst of the area's early development. Today, fishing is still as popular as ever and is regarded as a "way of life" here in St. Lucie. The area's diverse fishing opportunities are endless. The Indian River Lagoon is the nation's most biologically diverse estuary and home to over 4,000 plants and animals. 0 0 M r O N vn w c 0 .Q a Q IL m u_ c m E t 0 r Q FWC/FBIP-B (03/12) Page 3 of 7 68-1 DO, F.A.C. Packet Pg. 72 7.B.2.e V — BUDGET a. Has a detailed cost estimate been developed for this project? If yes, attach a copy to application. ® Yes, Preliminary ❑ Yes, Final ❑ No b. PROJECT COST: NON -CASH MATCH Cost Item Applicant Share Other Share (List below in Section VI) Do Not Use This Column TOTAL Administration $ $ $ Project Management $ 7,250 $ $ 7,250 In -Kind Engineering $ $ $ In -Kind Labor $ $ $ In -Kind Materials $ $ $ In -Kind Equipment $ $ $ Total Non -Cash Match $ 7,250 $ $ 7,250 c. PROJECT COST: CASH FUNDS Cost Item Applicant Share Other Share (List below in Section VI) FBIP Grant Share TOTAL Administration / Project Management $ $ $ $ Design / Engineering $ $ $ $ Permitting $ $ $ $ Construction / Repair: Boat Ramps $ $ $ 90,000 $ 90,000 Construction / Repair: Lifts, Hoists, Marine Railways $ $ $ $ Construction / Repair: Piers or Docks $ $ $ 35,000 $ 35,000 Construction / Repair: Parking $ $ $ $ Construction / Repair: Restrooms $ $ $ $ Other: Design/Engineering/Permitting $ $ $ 20,000 $ 20,000 Other: $ $ $ $ Other: $ $ $ $ Other: $ $ $ $ Other: $ $ $ $ Total Cash Funds $ $ $ 145,000 $ 145,000 d..TOTAL COST: (non -cash match + cash funds) $ 7,250 $ $ 145,000 $ 152,250 0 IL c m E d 0 a E 0 C IL 3 m rn M U z 0 z 0 0 M 0 N N W c 0 :r M Q a a IL M U. c d E z v M a FWCIFBIP-13 (03/12) Page 4 of 7 68-1.003, F.A.C. Packet Pg. 73 7.B.2.e VI — OTHER SOURCE OF FUNDS (Partnerships) a. Funding source / Agency: NIA b. Type of funding: ❑ Federal grant ❑ State/Local grant ❑ Loan c. Grant Name: Amount $ d. Approval Status: ❑ Approved ❑ Pending ❑ intend to Apply, Date: a. Funding source / Agency: b. Type of funding: ❑ Federal grant ❑ State/Local grant ❑ Loan c. Grant Name: Amount $ d. Approval Status: ❑ Approved ❑ Pending ❑ Intend to Apply, Date: a. Funding source / Agency: b. Type of funding: ❑ Federal grant ❑ State/Local grant ❑ Loan c. Grant Name: Amount $ d. Approval Status: ❑ Approved ❑ Pending ❑ Intend to Apply, Date: I VII - PROJECT ENGINEERING AND CONSTRUCTION I a. Who is or will be completing project design/engineering? ❑ Applicant's Own Staff ® Consulting Engineers ❑ N/A (Materials or Equipment Purchase) ❑ Other: b. Level of engineering completed at time of application: ❑ None ❑ Conceptual (Master Plan Phase) ® Preliminary ❑ Final (beady to Bid) VIII - PERMITS 1!t yet 7pt~l e tt tlijYts, Qt?itAt?S:PI`odlaaCt Submitted Approved. N/A a. Florida Department of Environmental Protection ❑ b. Florida Fish and Wildlife Conservation Commission* ❑ ❑ c. U.S. Army Corps of Engineers ❑ ❑ d. Local and Others (If needed) ❑ ❑ ❑ * Note: Projects involving mooring buoys must be permitted pursuant to Chapter 68D-23, F.A.C. FWC/FBIP-B (03/12) Page 5 of 7 68-1.003, F,A C, Packet Pg. 74 7.B.2.e IX -- ENVIRONMENTAL ASSESSMENT a. Explain how the project may impact the environment and describe any mitigation or actions proposed to minimize impacts. The proposed project will ensure all works associated are geared to protect water quality, fish, wildlife and aquatic and shoreline habitat. X — BOATER SAFETY a. Explain how the project may affect boater safety whether positively or negatively. The proposed project will positively meet or exceed all applicable state and county standards for boater safety. In the existing fixed pier system, boats rise and fall with the tide. Due to the large variations between high and low tides at this site, the improvements will provide a safe public access for visitors arriving via motorized or non -motorized boats. FWGFBiP-B (03/12) Page 6 of 7 68-1.003, F.A.C, Packet Pg. 75 7.B.2.e XI — APPLICATION ATTACHMENTS CHECKLIST Submit one (1) signed original plus two (2) photocopies of the application with attachments and an electronic copy on CD. Inc. - - - Required Attachments --- a. Cover Letter: application transmittal cover letter (Identify priority rank with multiple applications). ® b. Application: One (1) application with original signature from authorized individual. c. Resolution: An adopted resolution, by the Governing Body, authorizing that the Project Manager has the authority to apply for and administer the grant on behalf of the applicant. If the Applicant is applying on behalf of another public entity, then a Memorandum of Understanding between the Applicant and the public entity must also be, submitted. ® d, Boundary Map: indicate boundary of the project area. ® e. Site Control Documentation: (e.g. a deed, lease, results of title search, etc. for the project site.) f Existing Condition Photographs (sufficient to depict the physical characteristics of the project area) g. Aerial Photographs (marked with the approximate boundaries of the project site) ® h. Detailed Cost Estimate: Cost estimate in the form of a formal bid, written quote from proposed vendor or an engineer's cost estimate. i. Navigational Chart: An 8.5" x 1 I" photocopy of a current NOAA North American Datum 83 nautical chart (provide the NOAA chart name and number) indicating the precise location of the project site. - - - For Construction Grants - - - ®Permits: Photocopies of necessary project permit(s) or permit application(s). If exempt, provide notification of exemption from permitting agency. ... -- Optional Attachments - - - El k. Plans: preliminary design/engineering plans (if completed). ❑ 1. Support/Opposition: Attach letters of known public support or known public opposition. APPLICANT SIGNATURE Application is hereby made for the activities described herein. I certify that I am familiar with the information contained in the application, and, to the best of my knowledge and belief, this information is true, complete, and accurate. I further certify that I possess the authority including the necessary requisite property interests to undertake the proposed activities. I also certify that the Applicant's governing body is aware of and has authorized the Project Manager as the official representative of the Applicant to act in connection with this application and subsequent project as well as to provide additional information as may be required. By signature below, the Applicant agrees to comply with all applicable federal, state, and local laws in conjunction with this proposal and resulting project so approved. Fa a W. Outlaw County Administrator MPA ICMA-CM Print/Type Name Title Applicant Signature Date WARNING: "Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083." § 837.06, Florida Statutes. NOTE: Instruction and further information regarding this application and the Florida Boating Improvement Program can be found in the Florida Boating Improvement Program Guidelines or you may contact the Program Administrator at: Florida Fish and Wildlife Conservation Commission, Florida Boating Improvement Program, 620 South Meridian Street, Tallahassee, FL 32399.1600; or call (850) 488-5600; or email fbip a MyFWC.com. FWC/MW-B (03/12) Pago 7 of 7 68-1_003, F.A.C. I Packet Pg. 76 ITEM NO. (ID # 1336) J DATE: 06/04/2013 COUNTY ` R I ID A AGENDA REQUEST *CONSENT AGENDA\COUNTY ATTORNEY TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: JoAnn Riley, Property Acquisitions Manager SUBMITTED BY: Property Acquisition Division SUBJECT: Brocksmith Road Maintenance Project - Phase 3 - Contract for Sale and Purchase of Perpetual Right -of -Way Easement - Hays - Portion of Parcel ID 2317-113-0000-000-6 - Hays - Portion of Parcel ID 2317-133-0000-000-8 - Johnson/Hays - Portion of Parcel ID 2317-411-0000-000-1 - Sullivan - Portion of Parcel ID 2317-423-0000-000-8 BACKGROUND: Brocksmith Road is a 3.3 mile long rural road in western St. Lucie County that extends from Okeechobee Road to Orange Avenue. Public Works staff has completed Phase 1 of the maintenance improvement project by installing an asphalt chip seal surface treatment and guardrails on the southern 1.8 miles. On October 2, 2012, the Board of County Commissioners approved seven Contracts for Sale and Purchase of a 15' Perpetual Right -of -Way Easement for Phase 2. Phase 3 will also require the acquisition of a 15' Perpetual Right -of -Way Easement for right- of-way, drainage and utility purposes to install an asphalt chip seal surface treatment, installation of guardrails and relocation of existing power poles. The present right-of-way is insufficient to accomplish these tasks. Attached are four Contracts for Sale and Purchase of a 15' Perpetual Right -of -Way Easement based upon an independent appraisal prepared for the County by Fuller-Armfield-Wagner for your review and approval. The proposed contract prices are the same values established by Fuller-Armfield-Wagner. We are waiting on four additional Contracts from the land owners in Phase 3. PREVIOUS ACTION: March 6, 2012 - Board of County Commissioners approved Resolution No. 12-035 recommending the improvement project. Packet Pg. 77 May 15, 2012 - Board of County Commissioners approved a proposal from Southeast Guardrail and Attenuators, Inc. for the necessary guardrail construction in Phase 1 and Phase 2. October 2, 2012 - Board of County Commissioners approved seven Contracts for Sale and Purchase of Perpetual Right -of -Way Easements for the north end of the project. FINANCIAL IMPACT: Funds will be made available in Transportation Trust Gas Tax Reserve Account No. 101003- 9910-599300-800. RECOMMENDATION: Staff recommends that the Board approve the Contracts for Sale and Purchase, authorize the Chairman to execute the Contracts and direct staff to close the transactions and record the documents in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS] MOVER: Kim Johnson, District No. 5 SECONDER: Frannie Hutchinson, District No. 4, Vice -Chair AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson CONCURRENCE: Fa -ye W. Outlaw, County Administrator 6/5/2013 County Administrator, ICMA-CM Coordination/Signatures 5 28 2013ia)niE4�/_S.MecIn�!,u YAttorneY Updated: 5/29/2013 8:05 AM by JoAnn Riley Page 2 Packet Pg. 78 7.B.3.a PROJECT NAME: Brocksmith Road PARCEL NAME: Hays- North -Portion of Parcel ID 2317-113-0000-000-6 CONTRACT FOR SALE AND PURCHASE PERPETUAL RIGHT-OF-WAY EASEMENT THIS AGREEMENT made this day of 2013, between PETER B. HAYS and LINDA W. HAYS, Trustees under the Hays Living Trust dated February 20, 2004, whose address is 1520 S. Brocksmith Road, Fort Pierce, Florida 34945, hereinafter referred to as SELLER and, ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS, a political subdivision of the State of Florida, whose address is 2300 Virginia Avenue, Fort Pierce, Florida 34982, hereinafter referred to as PURCHASER, upon the terms and conditions set forth herein, Seller agrees to sell and Purchaser agrees to purchase an Exclusive Perpetual 15' Right -of -Way Easement for right-of-way, drainage and utility purposes located intheCountyofSt. Lucie, Florida, being more fully described as: SEE ATTACHED EXHIBIT "A" 1. PURCHASE PRICE AND METHOD OF PAYMENT The full purchase price is Twenty Thousand Eight Hundred Fifty Five and 00/100 ($20,855.00), determined to be the total of the following: 15-foot exclusive perpetual Right -of -Way Easement $ 1,600.00 Improvements $14,735,00 Cost to Cure 4,520.00 Total Value of Acquisition $20,855.00 payable in Cash or Cashier's check at the time of closing; plus or minus credits, adjustments and proration as of the date of closing. 2. EXPENSES. Purchaser shall pay for recording fees on the Exclusive Perpetual Right -of -Way Easement conveying the Exclusive Perpetual Right -of -Way Easement to Purchaser. Processing fees, if any, for obtaining a release, partial release or subordination agreement upon any existing mortgage shall be borne by Purchaser. 3. TITLE, Purchaser shall obtain, at the Purchaser's expense, a commitment for title insurance from a title company of Purchaser's choice, certified to a date not earlier than the date hereof, showing good and marketable title thereto to be vested in the Seller, free and clear of all liens and encumbrances except those herein expressly set forth and those which shall be discharged by Seller at or before dosing. Should Purchaser find on examination of said title commitment that Seller's title is not good and marketable, Purchaser shall notify Seller or his attorney in writing specifying the defects and Seller agrees to use reasonable diligence Packet Pg. 79 7.B.3.a to make same good and marketable and shall have a reasonable time therefor, but not to exceed 45 days from the date of said notification. If title shall not be made good and marketable within said time, all monies paid hereunder shall forthwith be repaid to Purchaser and thereupon this contract shall become null and void and the parties hereto released and relieved of all further rights, duties or obligations hereunder; or, at Purchaser's option and Purchaser's request, Seller shall deliver the title in its existing condition upon compliance by Purchaser with the terms of the contract, and in such event Seller shall be released and relieved from any duty and obligations to make such title good and marketable. 4. CONVEYANCE. Seller agrees to convey a 15-foot Exclusive Perpetual Right -of -Way Easement to Purchaser to be free and clear of all liens and encumbrances except, taxes for the current year, and zoning ordinances. 5. CLOSING. The closing shall be on or before JUly 15. 2013 at which time all monies due to be paid hereunder and all instruments due to be made, executed, and delivered bythe respective parties, each to the other, as herein provided, shall be paid. 6. PLACE OF CLOSING. Closing shall be held at the offices of a place chosen by Purchaser and Purchaser shall notify Seller in writing of same at least seven (7) days prior to closing. 7. MISCELLANEOUS. Written provisions shall control all printed provisions in conflict therewith. This contract embodies the entire agreement of the parties and may not be altered or modified except by an instrument in writing signed by the party against whom the enforcement of any alterations or modifications is sought. 8. DEFAULT. If Seller fails to perform hereunder without fault of the Purchaser, all monies paid hereunder shall be returned to the Purchaser upon demand but Purchaser shall not thereby waive any right or remedy he may have because of such default of Seller. If Purchaser fails to perform hereunder without fault of Seller, all monies paid hereunder may be retained by Seller as liquidated damages which shall be in lieu of all other remedies allowed by law and this contract shall there upon terminate. 9. DEED RESTRICTIONS. Seller warrants that there are no deed restrictions which are coupled with a reverter or re-entry clause and that title is not based upon a tax deed, or if based upon a tax deed, that the title has been duly quieted by suit. 10. ASSIGNMENT. This contract is freely assignable by the Purchaser, but no such assignment is binding upon Seller until an Packet Pg. 80 7.B.3.a executed copy thereof is delivered to the Seller. Upon such delivery, the assignor shall be relieved of all liabilities under this contract. 11. DISBURSEMENT OF PROCEEDS. The Purchaser has elected to have the closing processed through the office of the Title Company issuing Title Insurance. The Title Company or Agent will accomplish disbursement so as to bring the transaction under Section 627.7841, Florida Statutes, to assure coverage of the period from the commitment to Exclusive Perpetual Right -of -Way Easement, recording, provided delivery of the Exclusive Perpetual Right - of -Way Easement and payment of the purchase price occur in the same day at the same time, IN WITNESS WHEREOF, the parties have hereunto affixed their hands and seals. EXECUTED by SELLERS this --L- -. day of M 2013. C PETER B. HAYS, ustees u der the Hays Living Trust dated February 20, 2004 e NDA W. HAYS, Trustee under the L�Wfcju Hays Living Trust dated February 20, Print Name STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this day of 2013, by PETER B. HAYS and LINDA W. HAY who re er onall kn n r who have produced a Drivers License issued within the last five years as identification. d, 4-h- Notary Public Print Name Y...,., Commission # EE 015555 M Commis °' pins December8, 2014 Y 'Tame 385-7019 Packet Pg. 81 7.B.3.a ATTEST: EXECUTED by PURCHASER this day of 2013. DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA By: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY Packet Pg. 82 7.B.3.a EXHIBIT "A" LEGAL DESCRIPTION LEGAL DESCRIPTION: RIGHT OF WAY EASEMENT AN EASEMENT FOR ROAD RIGHT OF WAY, DRAINAGE AND UTILITY PURPOSES OVER, UNDER AND ACROSS A PARCEL OF LAND LYING IN SECTION 17, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA; SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; THE WEST 15 FEET OF THE FOLLOWING DESCRIBED PARCEL OF LAND AS RECORDED IN OFFICIAL RECORD BOOK 1922 AT PAGE 2089 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. "Commence atthe Southwest cornerof the Southeast 1/4 of Section 17, Township 35 South, Range 39 East, St. Lucie County, Florida, run N 00021' 37" W, along the North -South 1/4 section line a distance of 2653.42 feet to the Southwest corner of the Northeast X of said Section 17, thence run N 00021' 50" W, along the North -South X section line , a distance of 1368.84 feet, to a point 1280.09 feet South of the Northwest corner of the Northeast X of said Section 17; thence run S 89* 40' 42" E parallel with the North line of said Section 17, a distance of 4350 feet, to the East right-of-way line of Brocksmith Road and the POINT OF BEGINNING; thence continue S 896 40' 42" E, parallel with the said North line of Section 17, a distance of 2582.48 feet, to the West right-of-way line of North St. Lucie Water Control District Canal No. 52; thence run 5 000 11' 01" E, along the said West right-of-way line, a distance of 1361.37 feet, to the East-West X section line; thence run N 89' 50' 26" W, a distance of 1286.31 feet, to the X-1/4 section line; thence run N 000 16' 26" W, along the said X-1/4 section line, a distance of 586.87 feet; thence run N 850 51'22 W, a distance of 1296.69 feet, to the East right-of-way line of Brocksmith Road; thence run N 000 21' 50" W, along the said East right-of-way line, a distance of 691.74 feet, to the POINT OF BEGINNING; all lying and being in Section 17, Township 35 South, Range 39 East, St. Lucie County, Florida." SAID EASEMENT CONTAINING 10,376 SQUARE FEET MORE OR LESS. Prepared By: Ron Harris, PLS County Surveyor January 7, 2013 Brocksmith Road Hays Living Trust Parcel ID 2317-113-0000-000-6 Packet Pg. 83 7.B.3.a EXHIBIT "B" VALUATION OF ACQUISITION 15-foot exclusive perpetual Right -of -Way Easement Parent Parcel value per acre $7,000.00, apply 95% to the average per acre value_= $6,650.00 per acre $6,650.00 x 0.2389 = $1,588.69 ROUNDED = $1,600.00 Improvements Trees - between entry drives Fence - North and South of entry gate Driveway Pillars and landscaping Total Cost to Cure Total Value of Acquisition $ 1,600.00 $ 575.00 $10,060.00 $ 4,100.00 $14,735.00 $14,735.00 $ 4,520.00 $20,855.00 Packet Pg. 84 7.B.3.b PROJECT NAME: Brocksmith Road PARCEL NAME: Hays - South - Portion of Parcel ID 2317-133-0000-000-8 CONTRACT FOR SALE AND PURCHASE PERPETUAL RIGHT-OF-WAY EASEMENT THIS AGREEMENT made this day of 2013, between PETER B. HAYS and LINDA W. HAYS, Trustees under the Hays Living Trust dated February 20, 2004, whose address is 1520 S. Brocksmith Road, Fort Pierce, Florida 34945, hereinafter referred to as SELLER and, ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS, a political subdivision of the State of Florida, whose address is 2300 Virginia Avenue, Fort Pierce, Florida 34982, hereinafter referred to as PURCHASER, upon the terms and conditions set forth herein, Seller agrees to sell and Purchaser agrees to purchase an Exclusive Perpetual 15' Right -of -Way Easement for right-of-way, drainage and utility purposes located in the Countyof St. Lucie, Florida, being more fully described as; SEE ATTACHED EXHIBIT "A" 1. PURCHASE PRICE AND METHOD OF PAYMENT. The full purchase price is Twenty Thousand Eight Hundred Fifty Five and 00/100 ($20,855.00), determined to be the total of the following: 15-foot exclusive perpetual Right -of -Way Easement Improvements Cost to Cure Total Value of Acquisition $2,800.00 $5,570.00 1 350.00 $9,720.00 ROUNDED 1 $9,700.00 payable in Cash or Cashier's check at the time of closing; plus or minus credits, adjustments and proration as of the date of closing. EXPENSES. Purchaser shall pay for recording fees on the Exclusive Perpetual Right -of -Way Easement conveying the Exclusive Perpetual Right -of -Way Easement to Purchaser. Processing fees, if any, for obtaining a release, partial release or subordination agreement upon any existing mortgage shall be borne by Purchaser. 3. TITLE. Purchaser shall obtain, at the Purchaser's expense, a commitment for title insurance from a title company of Purchaser's choice, certified to a date not earlier than the date hereof, showing good and marketable title thereto to be vested in the Seller, free and clear of all liens and encumbrances except those herein expressly set forth and those which shall be discharged by Seller at or before closing. Should Purchaser find on examination of said title commitment that Seller's title is not good and marketable, Purchaser shall Packet Pg. 85 7.B.3.b notify Seller or his attorney in writing specifying the defects and Seller agrees to use reasonable diligence to make same good and marketable and shall have a reasonable time therefor, but not to exceed 45 days from the date of said notification. If title shall not be made good and marketable within said time, all monies paid hereunder shall forthwith be repaid to Purchaser and thereupon this contract shall become null and void and the parties hereto released and relieved of all further rights, duties or obligations hereunder; or, at Purchaser's option and Purchaser's request, Seller shall deliver the title in its existing condition upon compliance by Purchaser with the terms of the contract, and in such event Seller shall be released and relieved from any duty and obligations to make such title good and marketable. 4. CONVEYANCE. Seller agrees to convey a 15-foot Exclusive Perpetual Right -of -Way Easement to Purchaser to be free and clear of all liens and encumbrances except, taxes for the current year, and zoning ordinances. 5. CLOSING. The closing shall be on or before July 15, 2013 at which time all monies due to be paid hereunder and all instruments due to be made, executed, and delivered bythe respective parties, each to the other, as herein provided, shall be paid. 6. PLACE OF CLOSING. Closing shall be held at the offices of a place chosen by Purchaser and Purchasershall notify Seller in writing of same at least seven (7) days prior to closing. 7. MISCELLANEOUS. Written provisions shall control all printed provisions in conflict therewith. This contract embodies the entire agreement of the parties and may not be altered or modified except by an instrument in writing signed by the party against whom the enforcement of any alterations or modifications is sought. 8. DEFAULT. If Seller fails to perform hereunder without fault of the Purchaser, all monies paid hereunder shall be returned to the Purchaser upon demand but Purchaser shall not thereby waive any right or remedy he may have because of such default of Seller. If Purchaser fails to perform hereunder without fault of Seller, all monies paid hereunder may be retained by Seller as liquidated damages which shall be in lieu of all other remedies allowed by law and this contract shall there upon terminate. DEED RESTRICTIONS. Seller warrants that there are no deed restrictions which are coupled with a reverter or re-entry clause and that title is not based upon a tax deed, or if based upon a tax deed, that the title has been duly quieted by suit. 10. ASSIGNMENT. This contract is freely assignable by the Purchaser, but no such assignment is binding upon Seiler until an Packet Pg. 86 7.B.3.b executed copy thereof is delivered to the Seller. Upon such delivery, the assignor shall be relieved of all liabilities under this contract. 11. DISBURSEMENT OF PROCEEDS. The Purchaser has elected to have the closing processed through the office of the Title Company issuing Title Insurance. The Title Company or Agent will accomplish disbursement so as to bring the transaction under Section 627.7841, Florida Statutes, to assure coverage of the period from the commitment to Exclusive Perpetual Right -of -Way Easement, recording, provided delivery of the Exclusive Perpetual Right - of -Way Easement and payment of the purchase price occur in the same day at the same time. IN WITNESS WHEREOF, the parties have hereunto affixed their hands and seals. EXECUTED by SELLERS this -1kj day of 2013. PETER B. HAYS, Truste s under the Hays Living Trust dated February 20, Nam Hays Hays 2004 Print Name STATE OF FLORIDA COUNTY OF ST. LUCIE . HAYS, Trustees unkler the Trust dated February 20, The foregoing instrument was acknowledged before me this day of MiW 2013, by PETER B. HAYS and LINDA W. HAYS onall kno tom r who have produced a Drivers License issued within the last five years as identification. Notary Public rmmm�Mi r rmrrrar.rrr rR�`r DAVID G. WALTERS Print Na P? Commission# EE 015555 P.F. BoreedThruTroy FainInsurance8003M-7019 MyCommissionExpires: Packet Pg. 87 7.B.3.b ATTEST: EXECUTED by PURCHASER this day of 2013. DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA By: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY Packet Pg. 88 7.B.3.b EXHIBIT "A" LEGAL DESCRIPTION LEGAL DESCRIPTION: RIGHT OF WAY EASEMENT AN EASEMENT FOR ROAD RIGHT OF WAY, DRAINAGE AND UTILITY PURPOSES OVER, UNDER AND ACROSS A PARCEL OF LAND LYING IN SECTION 17, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA; SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 15 FEET OF THE FOLLOWING DESCRIBED PARCEL OF LAND AS RECORDED IN OFFICIAL RECORD BOOK 1922 AT PAGE 2091 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. "Commence at the Southwest cornerof the Southeast 1/4 of Section 17, Township 35 South, Range 39 East, St. Lucie County, Florida, run North 00 degrees 21' 37" West, along the North -South 1/4 section line a distance of 2620.00 feet, to a point 33.42 feet South of Northwest corner of the Southeast % of said Section 17; thence run North 89 degrees 38' 23" East, a distance of 43.50 feet, to the East right-of-way line of Brocksmith Road and the Point of Beginning; thence run North 00 degrees 21' 37" West, along said East right of way line, a distance of 33.02 feet, to the East-West % section line; thence run North 00 degrees 21' 50" West, along the said East right of way line, a distance of 676.98 feet; thence run South 85 degrees 51' 22" East, a distance of 1296.69 feet, to the 1/4-1/4 section line; thence run South 00 degrees 16' 26" East, along the said 1/4-1/4 section line, a distance of 586.87 feet, to the East-West % section line; thence run South 00 degrees 16' 48" East, along the said 1/4-1/4 section line, a distance of 221.31 feet; thence run South 89 degrees 38' 23" West, a distance of 855.85 feet; thence run North 00 degrees 21' 37" West, a distance of 200.00 feet; thence run South 89 degrees 38' 23" West, a distance of 435.60 feet to the East right of way line of Brocksmith Road and the Point of Beginning; all lying and being in Section 17, Township 35 South, Range 39 East, St. Lucie County, Florida." SAID EASEMENT CONTAINING 10,650 SQUARE FEET MORE OR LESS. Prepared By: Ron Harris, PLS County Surveyor January 7, 2013 Brocksmith Road Hays Living Trust Parcel ID 2317-133-0000-000-8 Packet Pg. 89 7.B.3.b EXHIBIT °B° VALUATION OF ACQUISITION 15-foot exclusive perpetual Right -of -Way Easement $2,800.00 Parent Parcel value per acre $12,000.00, apply 95% to the average per acre value = $11,400.00 per acre $11,400.00 x 0.24449 = $2,787.19 ROUNDED = $2,800.00 Improvements Trees - North of entry gate $1,320.00 Fence - North and South of entry gate $4,250.00 Total $5,570.00 $5,570.00 Cost to Cure $1,350.00 Total Value of Acquisition $9,720.00 ROUNDED] $9,700.00 Packet Pg. 90 7.B.3.c PROJECT NAME: Brocksmith Road PARCEL NAME: Johnson / Hays -Portion of Parcel ID 2317-411-0000-000-1 CONTRACT FOR SALE AND PURCHASE PERPETUAL RIGHT -OF -WAX EASEMENT THIS AGREEMENT made this day of 2013, between ROBERT J. JOHNSON (as to an undivided %: interest) and PETER B. HAYS and LINDA W. HAYS, as Trustees under the Hays Living Trust u/a/d February 20, 2004 (as to an undivided % interest), whose address is 2650 S. Kings Highway, Fort Pierce, Florida 34945, hereinafter referred to as SELLER and, ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS, a political subdivision of the State of Florida, whose address is 2300 Virginia Avenue, Fort Pierce, Florida 34982, hereinafter referred to as PURCHASER, upon the terms and conditions set forth herein, Seller agrees to sell and Purchaser agrees to purchase an Exclusive Perpetual 15' Right -of -Way Easement for right-of-way, drainage and utility purposes located in the County of St. Lucie, Florida, being more fully described as: SEE ATTACHED EXHIBIT "A" 1. PURCHASE PRICE AND METHOD OF PAYMENT. The full purchase price is Five Thousand Three Hundred and 00/100 ($5,300,00), determined to be the total of the following: 15-foot exclusive perpetual Right -of -Way Easement Improvements Cost to Cure Total Value of Acquisition $ 830.00 $3,700.00 750.00 $5,280.00 ROUNDED ] $5,300.00 payable in Cash or Cashier's check at the time of closing; plus or minus credits, adjustments and proration as of the date of closing. 2. EXPENSES. Purchaser shall pay for recording fees on the Exclusive Perpetual Right -of -Way Easement conveying the Exclusive Perpetual Right -of -Way Easement to Purchaser. Processing fees, if any, for obtaining a release, partial release or subordination agreement upon any existing mortgage shall be borne by Purchaser. 3. TITLE. Purchaser shall obtain, at the Purchaser's expense, a commitment for title insurance from a title company of Purchaser's choice, certified to a date not earlier than the date hereof, showing good and marketable title thereto to be vested in the Seller, free and clear of all liens and encumbrances except those herein expressly set forth and those which shall be discharged by Seller at or before closing. Should Purchaser find Packet Pg. 91 7.B.3.c on examination of said title commitment that Seller's title is not good and marketable, Purchaser shall notify Seller or his attorney in writing specifying the defects and Seller agrees to use reasonable diligence to make same good and marketable and shall have a reasonable time therefor, but not to exceed 45 days from the date of said notification. If title shall not be made good and marketable within said time, all monies paid hereunder shall forthwith be repaid to Purchaser and thereupon this contract shall become null and void and the parties hereto released and relieved of all further rights, duties or obligations hereunder; or, at Purchaser's option and Purchaser's request, Seller shall deliver the title in its existing condition upon compliance by Purchaser with the terms of the contract, and in such event Seller shall be released and relieved from any duty and obligations to make such title good and marketable. 4. CONVEYANCE. Seller agrees to convey a 15-foot Exclusive Perpetual Right -of -Way Easement to Purchaser to be free and clear of all liens and encumbrances except, taxes for the current year, and zoning ordinances. 5. CLOSING. The closing shall be on or before July 15. 2013 at which time all monies due to be paid hereunder and all instruments due to be made, executed, and delivered by the respective parties, each to the other, as herein provided, shall be paid. 6. PLACE OF CLOSING. Closing shall be held at the offices of place chosen by Purchaserand Purchaser shall notify Seller in writing of same at least seven (7) days prior to closing. 7. MISCELLANEOUS. Written provisions shall control all printed provisions in conflict therewith. This contract embodies the entire agreement of the parties and may not be altered or modified except by an instrument in writing signed by the party against whom the enforcement of any alterations or modifications is sought. B. DEFAULT. If Seller fails to perform hereunder without fault of the Purchaser, all monies paid hereunder shall be returned to the Purchaser upon demand but Purchaser shall not thereby waive any right or remedy he may have because of such default of Seller. If Purchaser fails to perform hereunder without fault of Seller, all monies paid hereunder may be retained by Seller as liquidated damages which shall be in lieu of all other remedies allowed by law and this contract shall there upon terminate. 9. DEED RESTRICTIONS. Seller warrants that there are no deed restrictions which are coupled with a reverter or re-entry clause and that title is not based upon a tax deed, or if based upon a tax deed, that the title has been duly quieted by suit. Packet Pg. 92 7.B.3.c 10. ASSIGNMENT. This contract is freely assignable by the Purchaser, but no such assignment is binding upon Seller until an executed copy thereof is delivered to the Seller. Upon such delivery, the assignor shall be relieved of all liabilities under this contract. 11. DISBURSEMENT OF PROCEEDS. The Purchaser has elected to have the closing processed through the office of the Title Company issuing Title Insurance. The Title Company or Agent will accomplish disbursement so as to bring the transaction under Section 627.7841, Florida Statutes, to assure coverage of the period from the commitment to Exclusive Perpetual Right -of -Way Easement, recording, provided delivery of the Exclusive Perpetual Right - of -Way Easement and payment of the purchase price occur in the same day at the same time. IN WITNESS WHEREOF, the parties have hereunto affixed their hands and seals. EXECUTED by SELLERS this day of CRc 20 c-t Witness BERTJ. JOH V(as to an undivided %: interest) STATE OF FLORIDA COUNTY OF ST. L.UCIE (A The foregoing instrument was acknowledged before me this day of 2013, by ROBERTJ. JOHNSON W60 is erss ovally known to orwho has produced a Drivers Lice se issued within the last five years as identification. KATHLEEN A.1JAY Commission # EE 832096 Expires January 2, 2017 3:AwhN 7mY Fain in9mr a 80U M-7Q19 L Notary Public e0e�� Packet Pg. 93 7.B.3.c � E Print Name STATE OF FLORIDA PETER B. HAYS, as Trustees under the Hays Living Trust u/a/d February 20, 20 (as to an undivided %interest) DA W. HAYS, as Trustees Ader the Hays Living Trust u/a/d February 20, 2004 (as to an undivided Y2 interest) COUNTY OF ST. LUCIE KA The foregoing instrument was acknowledged before me this day of 2013, by PETER B. HAYS and LINDA W. HAYS who are personally known to me or who have pr duced a Drivers License issued within the last five years as identification. KATHLEEN A. DAY Notary Public CoMmission # EE 832096 n� Exp;ies January 2, 2017 Print Name: EigThtuTmyFainln�AWR8M38 wu5-T019 ` L<01-7 My Commission Expires: t — ATTEST: EXECUTED by PURCHASER this day of 2013. DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA By: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY Packet Pg. 94 7.B.3.c EXHIBIT "A" LEGAL DESCRIPTION LEGAL DESCRIPTION: RIGHT OF WAY EASEMENT AN EASEMENT FOR ROAD RIGHT OF WAY, DRAINAGE AND UTILITY PURPOSES OVER, UNDER AND ACROSS A PARCEL OF LAND LYING IN SECTION 17, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA; SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 15 FEET OF THE FOLLOWING DESCRIBED PARCEL OF LAND AS RECORDED IN OFFICIAL RECORD BOOK 3104 AT PAGE 269 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. "COMMENCE at the Southwest corner of the Southeast % of Section 17, Township 35 South, Range 39 East, St. Lucie County, Florida, run N 00021' 37" W, along the North -South 1/4 Section line, a distance of 2057.50 feet, to a point 595.92 feet South of Northwest corner of the Southeast 1/4 of said Section 17; thence run N 890 38' 23" E, a distance of 43.50 feet, to the East right-of-way line of Brocksmith Road and the POINT OF BEGINNING; thence run N 000 21' 37" W along said East right-of-way line, a distance of 36250 feet; thence run N 896 38' 23" E, a distance of 1291.45 feet, to the North -South 1/4-1/4 Section line; thence run N 000 16'46" W, along the said 1/4-1/4 Section line, a distance of 221.31 feet, to the East-West 1/4 Section line; thence run S 890 50' 26" E, along the said East-West 1/4 Section line, a distance of 1286.31 feet, to the West right-of-way line of North St. Lucie River Water Control District Canal No. 52; thence run S 000 11'54" E, along the said West right-of-way line, a distance of 1332.15 feet; thence run S 890 38' 23" W, a distance of 1284.39 feet, to the North -South 1/4-1/4 Section line; thence run N 000 16' 46" W, along the said 1/4-1/4 Section line, a distance of 760.00 feet; thence run S 89' 38' 23" W, a distance of 1290.94 feet to the East right of way line of Brocksmith Road and the POINT OF BEGINNING; all lying and being in Section 17, Township 35 South, Range 39 East, St. Lucie County, Florida." SAID EASEMENT CONTAINING 5,438 SQUARE FEET MORE OR LESS. Prepared By; Ron Harris, PLS County Surveyor January 7, 2013 Brocksmith Road Johnson/Hays Parcel ID 2317-411-0000-000-1 Packet Pg. 95 7.B.3.c EXHIBIT "B" VALUATION OF ACQUISITION 15-foot exclusive perpetual Right -of -Way Easement $ 830.00 Parent Parcel value per acre $7,000.00, apply 95% to the average per acre value = $6,650.00 per acre $6,650.00 x 0.12483 = $830,12 ROUNDED = $830.00 Improvements Trees - North of entry gate $1,400.00 Fence - North and South of entry gate 2 300.00 Total $3,700.00 $3,700.00 Cost to Cure $ 750.00 Total Value of Acquisition $5,280.00 [ ROUNDED ] $5,300.00 Packet Pg. 96 7.B.3.d PROJECT NAME: Brocksmith Road PARCEL NAME: Sullivan - Portion of Parcel ID 2317-423-0000-000-8 CONTRACT FOR SALE AND PURCHASE PERPETUAL RIGHT-OF-WAY EASEMENT THIS AGREEMENT made this day of 2013, between CLIFTON E. SULLIVAN and MAURLEEN SULLIVAN, his wife, whose address is 1980 South Brocksmith Road, Fort Pierce, Florida 34945, hereinafter referred to as SELLER and, ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS, a political subdivision of the State of Florida, whose address is 2300 Virginia Avenue, Fort Pierce, Florida 34982, hereinafter referred to as PURCHASER, upon the terms and conditions set forth herein, Seller agrees to sell and Purchaser agrees to purchase an Exclusive Perpetual 15' Right -of -Way Easement for right-of-way, drainage and utility purposes located in the County of St. Lucie, Florida, being more fully described as: SEE ATTACHED EXHIBIT "A" PURCHASE PRICE AND METHOD OF PAYMENT. The full purchase price is Two Thousand Eight Hundred and 00/100 ($2,800.00), determined to be the total of the following: 15-foot exclusive perpetual Right -of -Way Easement $1,200.00 Improvements $1,600.00 Total Value of Acquisition $2,800.00 payable in Cash or Cashier's check at the time of closing; plus or minus credits, adjustments and proration as of the date of closing. EXPENSES. Purchaser shall pay for recording fees on the Exclusive Perpetual Right -of -Way Easement conveying the Exclusive Perpetual Right -of -Way Easement to Purchaser. Processing fees, if any, for obtaining a release, partial release or subordination agreement upon any existing mortgage shall be borne by Purchaser. 3. TITLE. Purchaser shall obtain, at the Purchaser's expense, a commitment for title insurance from a title company of Purchaser's choice, certified to a date not earlier than the date hereof, showing good and marketable title thereto to be vested in the Seller, free and clear of all liens and encumbrances except those herein expressly set forth and those which shall be discharged by Sellerat or before closing. Should Purchaserfind on examination of said title commitment that Seller's title is not good and marketable, Purchaser shall notify Seller or his attorney in writing specifying the defects and Seller agrees to use reasonable diligence to make same good and marketable and shall have a reasonable time therefor, but not to exceed 45 days from the date of said notification. If title shall not be made good and marketable within said time, all Packet Pg. 97 7.B.3.d monies paid hereunder shall forthwith be repaid to Purchaser and thereupon this contract shall become null and void and the parties hereto released and relieved of all further rights, duties or obligations hereunder; or, at Purchaser's option and Purchaser's request, Seller shall deliver the title in its existing condition upon compliance by Purchaser with the terms of the contract, and in such event Seller shall be released and relieved from any duty and obligations to make such title good and marketable. 4. CONVEYANCE. Seller agrees to convey a 15-foot Exclusive Perpetual Right -of -Way Easement to Purchaser to be free and clear of all liens and encumbrances except, taxes for the current year, and zoning ordinances. 5. CLOSING. The closing shall be on or before July 15, 2013 at which time all monies due to be paid hereunder and all instruments due to be made, executed, and delivered bythe respective parties, each to the other, as herein provided, shall be paid. PLACE OF CLOSING. Closing shall be held at the offices of a place chosen by Purchaser and Purchaser shall notify Seller in writing of same at least seven (7) days prior to closing. 7. MISCELLANEOUS. Written provisions shall control all printed provisions in conflict therewith. This contract embodies the entire agreement of the parties and may not be altered or modified except by an instrument in writing signed by the party against whom the enforcement of any alterations or modifications is sought. 8. DEFAULT. If Seller fails to perform hereunder without fault of the Purchaser, all monies paid hereunder shall be returned to the Purchaser upon demand but Purchaser shall not thereby waive any right or remedy he may have because of such default of Seller. If Purchaser fails to perform hereunder without fault of Seller, all monies paid hereunder may be retained by Seller as liquidated damages which shall be in lieu of all other remedies allowed by law and this contract shall there upon terminate. 9. DEED RESTRICTIONS. Seller warrants that there are no deed restrictions which are coupled with a reverter or re-entry clause and that title is not based upon a tax deed, or if based upon a tax deed, that the title has been duly quieted by suit. 10. ASSIGNMENT. This contract is freely assignable by the Purchaser, but no such assignment is binding upon Seller until an executed copy thereof is delivered to the Seller. Upon such delivery, the assignor shall be relieved of all liabilities under this contract. Packet Pg. 98 7.B.3.d 11, DISBURSEMENT OF PROCEEDS. The Purchaser has elected to have the closing processed through the office of the Title Company issuing Title Insurance. The Title Company or Agent will accomplish disbursement so as to bring the transaction under Section 627.7841, Florida Statutes, to assure coverage of the period from the commitment to Exclusive Perpetual Right -of -Way Easement, recording, provided delivery of the Exclusive Perpetual Right - of -Way Easement and payment of the purchase price occur in the same day at the same time. IN WITNESS WHEREOF, the parties have hereunto affixed their hands and seals. EXECUTED by SELLERS this AL day of W2013. Witness Print Na,rn, a'. �— (int Name s SULLIVAN STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this day of 2013, by CLIFTON E. SULLIVAN and MAURLEEN SULLIVAN who are personally known to me o who have produced a Drivers License issued within the last five years as i .. I,, w wY SsIOP1T � # DD 945707 ' @%PiAE8: Deeemaer ttl, 20�? p�1lcUnde:. Notary Public Print Name:A-i)—) � MyCommission Expires:Z2—/42=2(_21 3 Packet Pg. 99 7.B.3.d m0.11 EXECUTED by PURCHASER this day of .2013. DEPUTY CLERK BOARD OF COUNT( COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA By: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS COUNT! ATTORNEY Packet Pg. 100 7.B.3.d EXHIBIT "A" LEGAL DESCRIPTION LEGAL DESCRIPTION: RIGHT OF WAY EASEMENT AN EASEMENT FOR ROAD RIGHT OF WAY, DRAINAGE AND UTILITY PURPOSES OVER, UNDER AND ACROSS A PARCEL OF LAND LYING IN SECTION 17, TOWNSHIP 35 SOUTH, RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA; SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 15 FEET OF THE FOLLOWING DESCRIBED PARCEL OF LAND AS RECORDED IN OFFICIAL RECORD BOOK 989 AT PAGE 1302 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. "From the Southwest cornerof the Southeast 1/4 of Section 17, Township 35 South, Range 39 East, St. Lucie County, Florida, run North along the 1/4 Section line 1297.5 feet, thence on a 90 degree angle run east 49 feet to the East right-of-way line for Brocksmith Road for the point of beginning, thence continue East 430.10 feet, thence on a 90 degree angle run north 200 feet, thence on a 90 degree angle run west 435.6 feet, to the East line of Brocksmith Road, thence run South 172.0 feet, thence run East 5.5 feet, thence run South 28 feet to the point of beginning." SAID EASEMENT CONTAINING 3,000 SQUARE FEET MORE OR LESS. Prepared By: Ron Harris, PLS County Surveyor January 8, 2013 Brocksmith Road Clifton and Maurleen Sullivan Parcel ID 2317-423-0000-000-8 Packet Pg. 101 7.B.3.d EXHIBIT "B" VALUATION OF ACQUISITION 15-foot exclusive perpetual Right -of -Way Easement Parent Parcel value per acre $19,000.00, apply 95% to the average per acre value = $18,050.00 per acre $18,050.00 x 0.06534 = $1,179.39 ROUNDED = $1,200.00 Improvements North asphalt driveway - 180 square foot South asphalt driveway -114 square foot 2,500 +/- square foot of sod Total Total Value of Acquisition $1, 200.00 $ 335.00 $ 225.00 1 000.00 $1,560.00 ROUNDED $1,600.00 $2,800.00 Packet Pg. 102 7.B.3.e Packet Pg. 103 ITEM NO. (ID # 1345) J COUNTY ` R I ID A AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Katherine Barbieri, Asst. County Attorney SUBMITTED BY: County Attorney DATE: 06/04/2013 *CONSENT AGENDA\COUNTY ATTORNEY SUBJECT: Permission to Advertise for an Ordinance amending Chapter 1-9, "Abandoned Property, Garbage, Trash, Junk and Debris" of the Code of Ordinances and Compiled Laws of St. Lucie County, Florida by amending Section 1-9-19.5(e) "Subsequent Review and Sunset Provision; providing for filing with the Department of State; providing an effective date; providing for adoption; and providing for codification. BACKGROUND: Attached is a copy of a draft ordinance, which would amend Chapter 1-9, "Abandoned Property, Garbage, Trash, Junk and Debris" of the Code of Ordinances and Compiled Laws of St. Lucie County, Florida. The ordinance was enacted in 2010 to require mortgagees to register abandoned properties upon the filing of a lis pendens or the initiation of a foreclosure action. Registration includes information about the property, the property owner, the mortgagee and the local agent. Properties subject to this ordinance are required to be inspected on a monthly basis and maintained in compliance with St. Lucie County Codes. The original ordinance had a sunset clause of 2013 with the expectation that times would improve. Due to the current number of foreclosures, staff would like to extend the ordinance to January 1, 2015. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Staff recommends that the Board grant permission to advertise an ordinance amending Chapter 1-9, "Abandoned Property, Garbage, Trash, Junk and Debris" of the Code of Ordinances and Compiled Laws of St. Lucie County, Florida for a public hearing before the Board of County Commissioners July 2, 2013 beginning at 6:00 pm or as soon thereafter as may be heard. Packet Pg. 104 7.B.4 COMMISSION ACTION: RESULT: MOVER: SECONDER: AYES' ADOPTED BY CONSENT VOTE [UNANIMOUS] Kim Johnson, District No. 5 Frannie Hutchinson, District No. 4, Vice -Chair Mowery, Hutchinson, Dzadovsky, Lewis, Johnson CONCURRENCE: aye W. Outlaw, County Administrator 6/5/2013 County Administrator, ICMA-CM Coord i nation / Sig natures - )Pd#,A ani S. McInt r�y Attorney 5 31 2013 Updated: 5/30/2013 6:24 PM by Shane A. De Witt Page 2 Packet Pg. 105 7.B.4.a ORDINANCE AN ORDINANCE AMENDING SECTION 1-9-19.5 OF THE ST. LUCIE COUNTY CODE OF ORDINANCES BY AMENDING SECTION 1-9-19.5(e) SUBSEQUENT REVIEW AND SUNSET PROVISION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 125.01, Florida Statutes, the Board of County Commissioners of St. Lucie County has the power to adopt ordinances necessary for the exercise of its powers and prescribe fines and penalties for the violation of ordinances in accordance with law; and WHEREAS, recent events in the housing market have led to a drastic rise in the number of foreclosed properties in unincorporated St. Lucie County, Florida; and WHEREAS, many of these properties are vacated prior to the conclusion of the foreclosure process, leaving the properties unoccupied for extended periods of time awaiting foreclosure sale, often creating an unattractive public nuisance; and WHEREAS, many of these vacant and abandoned properties are in violation of multiple aspects of state law and local ordinances, including, among other violations, open structures, yards full of junk, trash and debris, unlocked houses, overgrown grass and bushes, and unsecured swimming pools that are not only a threat to children but become breeding grounds for infectious insects such as mosquitos; and WHEREAS, the Board of County Commissioners of St. Lucie County finds that mortgagees have an interest in maintaining vacant and abandoned real property subject to the terms of each mortgage; and WHEREAS, these mortgagees are often located out of state, making it difficult to notify the mortgagees of violations of the codes and ordinances of unincorporated St. Lucie County; and WHEREAS, the Board of County Commissioners of St. Lucie County desires to protect the public health, safety and welfare of the citizens of St. Lucie County and maintain a high quality of life for the citizens of St. Lucie County; and WHEREAS, the Board of County Commissioners of St. Lucie County finds that the registration of vacant and abandoned real properties that have been foreclosed upon or are the subject of foreclosure actions will protect against the devaluation caused by vacant and abandoned properties, and is in the best interest of the public health, safety and welfare. Underlined passages are added. -1- 51 tick 11Trough passages are deleted. Packet Pg. 106 7.B.4.a WHEREAS, the Board of County Commissioners of St. Lucie County finds that abandoned real property is unsightly, unsafe and has a negative impact on the community. The Board of County Commissioners of St. Lucie County hereby declares that all abandoned real property in unincorporated St. Lucie County that has been foreclosed upon or is the subject of foreclosure actions or proceedings is a public nuisance, the abatement of which, pursuant to the County's police power, is hereby declared to be necessary for the health, safety and welfare of the citizens of St. Lucie County. WHEREAS, it is the intent and purpose of this Ordinance to protect and preserve public safety, security, and quiet enjoyment of occupants, abutters, and neighborhoods by (I) identifying the vacant properties, (ii) requiring all mortgagees, including lenders, trustees, and service companies, to register abandoned properties that have been foreclosed upon or are the subject of foreclosure actions or proceedings; and (iii) regulating the maintenance of abandoned properties that have been foreclosed upon or are the subject of foreclosure actions or proceedings, to prevent blighted and unsecured residences. WHEREAS, the Board of County Commissioners would like to extend the effective date of the ordinance to January 1, 2015. NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PartA. Section II. Abandoned Property, Garbage, Trash, Junk and Debris, of Chapter 1-9, ""Garbage, Trash and Refuse", of the Code of Ordinances of St. Lucie County, Florida, is amended as follows: Section 1-9-19.5. Registration of Abandoned Real Properties (a) through (d) remain the same (e) Subsequent Review and Sunset Provision Pursuant to this ordinance, this abandoned real property registration system is being added for the health, safety and welfare of the citizens of St. Lucie County during difficult economic times in St. Lucie County., This ordinance shall be repealed on 3antiary 1, 2013 January 1, 2015 unless the Board takes action to extend. Nothing in this section shall prevent the Board from taking action sooner. (f) Remains the same Underlined passages are added. -2- 51 tick +t ovgk passages are deleted. Packet Pg. 107 7.B.4.a 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 in the unincorporated area of St. Lucie County. Part E. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and is hereby forthwith to send a certified copy of this Ordinance to the Bureau of Administrative Code and Laws, Department of State, the Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This Ordinance shall take effect upon filing with the Department of State. PART G. ADOPTION. After motion and second, the vote on this Ordinance was as follows: Chairman Tod Mowery XXX Vice Chair Frannie Hutchinson XXX Commissioner Chris Dzadovsky XXX Commissioner Paula Lewis XXX Commissioner Kim Johnson XXX Underlined passages are added. -3- 51 tick +t ovgk passages are deleted. Packet Pg. 108 7.B.4.a PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B through F shall not be codified. PASSED AND DULY ADOPTED this day of , 2013. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman Underlined passages are added. APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney -4- 51 tick + t ovgk passages are deleted. Packet Pg. 109 7.C.1 ITEM NO. RES-2013- 101 DATE: 06/04/2013 COUNTY ` 1. ' AGENDA REQUEST *CONSENT AGENDA\ADMINISTRATION TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Michael Brillhart, Business and Strategic Initiatives Manager SUBMITTED BY: Business & Strategic Initiatives Division SUBJECT: A Resolution concurring with St. Lucie County's Inclusion within the service area of Foreign Trade Zone (ftz) 135; And supporting the application of the Port of Palm Beach district for alternative site framework designation through a letter of support BACKGROUND: On April 16, 2013, the Port of Palm Beach received approval and support from the Palm Beach County Commission to apply for authorization to expand its Service Area for FTZ 135 through the U.S. Foreign Trade Zones Board Alternative Site Framework process. The Port is recommending the expansion of the Service Area to include Palm Beach County, Martin County and the remainder of St. Lucie County not currently included within the boundaries of the Treasure Coast FTZ 218. A foreign -trade zone (FTZ) in the United States is a geographical area, in (or adjacent to) a United States Port of Entry where commercial merchandise, both domestic and foreign, receives the same Customs treatment it would if it were outside the commerce of the United States. Merchandise of every description may be held in the Zone without being subject to Customs duties and other taxes. This tariff and tax relief is designed to lower the costs of U.S.-based operations engaged in international trade and thereby create and retain the employment and capital investment opportunities that result from those operations. These special geographic areas - Foreign -Trade Zones - are established "in or adjacent to" U.S. Ports of Entry and are under the supervision of the U.S. Customs and Border Protection under the United States Homeland Security Council. PREVIOUS ACTION: N/A FINANCIAL IMPACT: N/A RECOMMENDATION: Board of County Commissioners approval for the inclusion of St. Lucie County within the Service Area of the Palm Beach County Foreign Trade Zone (FTZ) 135. Packet Pg. 110 COMMISSION ACTION: 7.C.1 RESULT: MOVER: SECONDER: AYES' ADOPTED BY CONSENT VOTE [UNANIMOUS] Kim Johnson, District No. 5 Frannie Hutchinson, District No. 4, Vice -Chair Mowery, Hutchinson, Dzadovsky, Lewis, Johnson Coord i nation / Sig natures Sni i S. McIntyre, ou_rity Attorney 5/23/2013 CONCURRENCE: County Administrator, ICMA-CM Updated: 5/28/2013 10:51 AM by Michael Brillhart A Page 2 Packet Pg. 111 7.C.1.a 06/04/2013 June 4, 2013 George E. Mastics, Chairman Port of Palm Beach District FTZ #135 P.O. Box 9935 Riviera Beach, FL 33419 Dear Chairman Mastics: The purpose of this letter is to confirm the support of St. Lucie County for inclusion within the Service Area of Foreign -Trade Zone (FTZ) #135 through an Alternative Site Framework (ASF) process. We understand that this means that the grantee, the Port of Palm Beach District, will be able to apply to the United States Foreign -Trade Zones Board for authority to serve sites located within St. Lucie County not currently served by an FTZ based on businesses' trade - related needs. We also note that the zone will be made available on a uniform basis to companies within St. Lucie County, in a manner consistent with the legal requirement that each FTZ be operated as a public utility. Sincerely, Tod Mowery, Chairman Cc: Board of County Commissioners Faye W. Outlaw, County Administrator, ICMA-CM Dan McIntyre, County Attorney Tom Babcock, Chair, FTZ 218 Board of Directors Packet Pg. 112 7.C.1.b Adopted 06/04/2013 RESOLUTION A RESOLUTION CONCURRING WITH ST. LUCIE COUNTY'S INCLUSION WITHIN THE SERVICE AREA OF FOREIGN TRADE ZONE (FTZ) 135; AND AUTHORIZING THE CHAIRMAN TO EXECUTE A LETTER OF SUPPORT FOR THE APPLICATION OF THE PORT OF PALM BEACH DISTRICT FOR ALTERNATIVE SITE FRAMEWORK DESIGNATION TO THE U.S. FOREIGN TRADE ZONE BOARD WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Foreign Trade Zones provide public benefits in the expansion of international trade, facilitating exports, assisting economic development efforts, and in creating employment opportunities. 2. Companies operating in a Foreign Trade Zone can defer, reduce, or eliminate customs duties on foreign products admitted into zones for storage, exhibition, assembly, manufacture, and processing, as well as attain access to streamlined customs procedures. 3. The Port of Palm Beach District serves as Grantee for Foreign Trade Zone (FTZ) 135, which currently covers 623 acres on specific sites in Palm Beach and Martin Counties under a Traditional Site Framework. 4. The Traditional Site Framework for FTZ 135 serves zone projects on a limited number of fixed sites that serve multiple users such as industrial parks and the Port of Palm Beach. 5. The U.S. Foreign Trade Zones Board has developed a process for an Alternative Site Framework to expand the ability of Foreign Trade Zones to serve companies at other locations based upon their trade -related needs. 6. The Port of Palm Beach will submit an application with the U.S. Foreign Trade Zones Board for FTZ 135 to receive an Alternative Site Framework designation to include in the FTZ 135 Service Area the Counties of Palm Beach and Martin in their entirety and areas within St. Lucie County not currently in the Service Area of the Treasure Coast FTZ 218. 7. Approval of an Alternative Site Framework would expand access to FTZ benefits to companies throughout Palm Beach, Martin and St. Lucie Counties and shorten the process for FTZ activation. 8. The Port of Palm Beach District requests that St. Lucie County provide a letter of support to accompany its application for an Alternative Site Framework designation. Packet Pg. 113 7.C.1.b 9. St. Lucie County desires to work with an increasing number of manufacturing businesses, both domestic and foreign, for relocation and expansion in the county. 10. St. Lucie County supports efforts to establish new channels of commerce, increase international trade, and enhance economic development opportunities and job growth in the region. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The Board does hereby concur with the efforts of the Port of Palm Beach District to include that area of St. Lucie County not currently within the Service Area of the Treasure Coast FTZ 218 within the Service Area of FTZ 135. 2. The Board further authorizes the Chairman to execute a letter of support for the application for an Alternative Site Framework designation to the U.S. Foreign Trade Zone Board. PASSED AND DULY ADOPTED this _4th day of June , 2013. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY Packet Pg. 114 7.F.1 ITEM NO. (ID # 1328) TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS DATE: 06/04/2013 *CONSENT AGENDA\ENVIROMENTAL RESOURCES Amy Griffin, Mgr., Environmental Regs. & Land Management Div. Environmental Regulation & Land Mgmt. Div. Work Camper Agreement Renewal - Bluefield Preserve The "Work Camper" program was established for St. Lucie County Environmentally Sensitive Lands (ESL's) program in 2002. This program provides staffing for select ESL's in exchange for temporary residence on the sites. The work camper provides his/her own recreational vehicle and twenty (20) hours of services each week. Services include opening and closing gates, patrolling sites/site security, mowing and exotic plant removal. PREVIOUS ACTION: October 22, 2002 - BOCC approval of the "Volunteer In Preserve" Program September 28, 2010 - BOCC approval of agreement with Mr. Miley February 21, 2012 - BOCC termination of agreement with Mr. Miley April 17, 2011 - BOCC approval of agreement with Robert and Tina Jones FINANCIAL IMPACT: N/A RECOMMENDATION: Board approval of Work Camper Agreement renewal with Robert and Tina Jones for Bluefield Preserve and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS] MOVER: Kim Johnson, District No. 5 SECONDER: Frannie Hutchinson, District No. 4, Vice -Chair AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson CONCURRENCE: Packet Pg. 115 7.F.1 Fa —ye W. Outlaw, County Administrator 6/5/2013 County Administrator, ICMA-CM Coordination/Signatures Kar_n L.W , K4ar-Envn onmer.*.al Resour. es Dep�rX atimB iianiQlS. McIntyre, ou ty Attorney 5/23/2013 Updated: 5/21/2013 10:49 AM by Amy Griffin Page 2 Packet Pg. 116 7.F.1.a WORK CAMPER AGREEMENT THIS AGREEMENT is dated this _ day of , 2013, between ST. LUCIE COUNTY, a political subdivision of the State of Florida, located at 2300 Virginia Avenue, Fort Pierce, Florida, hereinafter referred to as "County" and Robert and Tina Jones, hereinafter referred to as "Contractor". WHEREAS, the County owns the property located at BLUEFIELD RANCH PRESERVE, hereinafter referred to as "the Property"; and, WHEREAS, the County desires responsible persons to reside on the Property, in return for the Contractor assisting the County in protection of the County's property; and, WHEREAS, the County will provide a location to site a recreational vehicle (recreational vehicle shall not be permanent and may include motor homes) and physical connections for well or water lines, sewer lines or septic, and electrical lines therewith. NOW, THEREFORE, in consideration of the mutual considerations and benefits according to the County and the Contractor, the parties agree as follows: 1. County does hereby agree to allow the Contractor to use a designated area on which to place a recreational vehicle, together with a fenced in area around the residence for the usual needs of the Contractor, as identified in the attached Exhibit A hereinafter referred to as "Work Camper Location". 2. The term of this Agreement shall be one (1) year beginning upon _, 2013, and ending upon _, 2014, unless terminated as provided herein, and shall supersede all prior agreements. At the option of the parties this Agreement may be renewed for two (2) additional one (1) year periods upon the same terms and conditions herein specified. This option shall be deemed exercised and the contract renewed for an additional one (1) year period upon the County's written notification to Contractor that it will exercise this option to renew. Such written notification shall be given thirty (30) days prior to the expiration of this Contract. 3. County agrees to provide utility service, including garbage removal, for the Contractor, if regularly scheduled garbage service is provided to the Property. If regular garbage service is not provided to the Property, the Contractor shall provide for his own garbage disposal. 4. The Contractor agrees to: a. provide their telephone service and provide an active telephone number to the County (land service to their recreational vehicle or cell phone is acceptable); Packet Pg. 117 7.F.1.a b. reside in the recreational vehicle and advise the Environmental Regulation and Land Division Manager of the normal hours that the Contractor will occupy the recreational vehicle. Maximum occupancy of recreational vehicle is two (2); C. advise the Environmental Regulation and Land Division Manager of any absence of greater than 48 hours and provide the County with a name and contact number of the person(s) who will provide coverage of the responsibilities listed herein during the absence. Person responsible for temporary coverage must complete background check through SLC prior to providing coverage; d. act as the County liaison and respond to all emergency and non -emergency needs as requested; e. notify, where appropriate, the Environmental Regulation and Land Division Manager and/or Sheriff's Department of any unusual activity on the property including, but not limited, to wildfire, lost hikers, poaching, suspected trespass, vandalism, or other illegal activities; f. mow and maintain the recreational vehicle and fenced in residence area in good repair and neat appearance at all times. No outside storage is permitted without approval of the Environmental Regulation and Land Division Manager. The number of vehicles (e.g.: cars/trucks, not recreational vehicles) on site will be limited to one per person living in the recreational vehicle and all vehicles on site must be in running order; g. maintain insurance coverage for any property owned by the Contractor and be financially responsible for any damage to the recreational vehicle or any property therein; h. provide a minimum of 20 hours of work per week as indicated below. S. The Contractor shall be responsible for maintenance of the Property with his/her duties to specifically include but not limited to: a. Mow, and where needed, weed -eat the following areas within the Property on a weekly basis: 1. All parking lots; 2. All trails; 3. All campsites; 4. All picnic areas; S. Around all wildlife blinds, observation towers, and other infrastructure; and Packet Pg. 118 7.F.1.a 6. All firebreaks (upon request only). b. Inspect all buildings and parking lots on the Property at least once a day; C. Patrol perimeter of Property, all internal trails, and all campsites at least once a day; C. Collect any camping, event or admission fees; d. Open and close all public entrance gates for the Property daily Gates are to be opened at sunrise and closed at sunset; e. Clean all campsites on a weekly basis; f. Clean and restock restrooms on a weekly basis; e. Check on campers for safety and rule abidance; f. Inspect for signs of damage or vandalism, and report any found to the Environmental Regulation and Land Division Manager and the Sheriff's Department; g. Report any unauthorized use in the area to the Environmental Regulation and Land Division Manager and the Sheriff's Department; h. Maintain a daily activity log of patrols and inspection tours (noting the dates and time the property is checked), problems encountered, safety hazards, abnormal activity, discrepancies and unusual circumstances, together with corrective action taken, or person notified. The log shall be submitted to the Environmental Regulation and Land Division Manager, on a monthly basis. i. Take all lawful steps to protect the Property from burglary, malicious mischief, unlawful trespass and vandalism, poaching and prevent injuries and unlawful acts. Perform any miscellaneous duties as assigned by the Environmental Regulation and Land Division Manager. 6. The Contractor warrants to the County that he/she is a responsible and law abiding person and that he/she is not under any legal disability or criminal prosecution. The Contractor further covenants and agrees that he/she will keep the Property and his recreational vehicle in a neat appearing and sanitary condition. Contractor will not let or sublet or sub -lease the Property or recreational vehicle to any person or persons whomsoever. Any sub -renting and subleasing shall constitute a breach of this Packet Pg. 119 7.F.1.a Agreement. 7. This Agreement may be terminated by either party, with or without cause, with seven (7) days prior written notice. Contractor further covenants and agrees that he/she will upon written notice terminating this Agreement, vacate the Property and remove his/her property from the Property or parking place and will leave the site clean. If the Contractor fails to vacate the Property and it becomes necessary for the County to institute a legal proceeding against the Contractor, the prevailing party shall pay reasonable attorney fees and the costs of such suit at legal proceeding. Any property left remaining on the Property after 7 days from the date of the notice of eviction or contract termination shall legally become the property of the County. Any clothing provided by the County to the Contractor, including safety vests and uniforms, shall be returned to the County at termination of this contract. 8. The Contractor agrees that no person shall reside on the premises, other than those members of his/her immediate family. The Contractor further agrees to be responsible for all pets both inside and outside, and agrees and understands that the pets are limited to 2. Pets shall always be leashed when outside of Contractor's fenced residence area. 9. No personal trucks and/or trailers shall be allowed into the site past the Contractor's residence, unless authorized by Environmental Regulation and Land Division Manager or appropriate land's management staff or during an emergency. Patrolling should only occur on a designated 4-wheeler type vehicle when vehicle is provided by the County. During all routine patrolling and onsite work, the Contractor shall wear the provided safety vest and/or uniform provided by the County. Contractor shall have a clean appearance and be approachable by the public at anytime while onsite. 10. Contractor agrees that no hunting or trapping shall be allowed on the Property unless authorized by separate written authorization from the Environmental Regulation and Land Division Manager. 11. As a consideration for allowing the Contractor to use the Property, the Contractor agrees to indemnify and hold the County, its agents and employees, harmless for all claims for damages and for any claims that may be made against it or them, by any member of his family or his guests for any damages whatsoever. 12. No amendment or claimed amendment hereto, either verbal or written shall be binding upon the County unless the same has been formally executed in behalf of the County by its Director of Environmental Resources and the Contractor. 13. Notice. All notices, requests, consents, and other communications required or permitted under this Agreement shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to: Packet Pg. 120 7.F.1.a As To County: St. Lucie County Administrator Administration Building Annex 2300 Virginia Avenue, 3rd Floor Fort Pierce, Florida 34982 As To Contractor: Robert and Tina Jones 110 South 30th Street Fort Pierce, FL 34947 With A Copy To: St. Lucie County Attorney Administration Building Annex 2300 Virginia Avenue, 3rd Floor Fort Pierce, Florida 34982 St. Lucie County Environmental Regulation and Land Division Manager 2300 Virginia Avenue Fort Pierce, Florida 34982 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 14. Mediation. In the event of a dispute between the parties in connection with this Contract, the parties agree to submit the disputed issue or issues to a mediator for non -binding mediation prior to filing a lawsuit. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. ATTEST: BOARD OF COUNTY COMMISSIONERS Deputy Clerk WITNESSES: (1 (2) BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney CONTRACTOR Robert Jones Tina Jones Packet Pg. 121 7.F.2 ITEM NO. RES-2013- _ J i 104 DATE: 06/04/2013 COUNTY ` R I ID A AGENDA REQUEST *CONSENT AGENDA\ENVIROMENTAL RESOURCES TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Amy Griffin, Mgr., Environmental Regs. & Land Management Div. SUBMITTED BY: Environmental Regulation & Land Mgmt. Div. SUBJECT: DI Wilcox Boardwalk Construction Grant BACKGROUND: The D.J. Wilcox Preserve is located in northeast St. Lucie County on Old Dixie Highway; the 106-acre site was purchased in 2003 towards the county's goal to protect and enhance its valuable natural resources. The Preserve borders the Indian River Lagoon, the most ecologically diverse estuary in North America, and contains a one -mile - long self -guide interpretive hiking trail and observation tower. St. Lucie County will use DEP Coastal Partnership Initiative program (CIP) funds to construct an 8'-wide by 469'-long interpretive boardwalk with two covered wildlife observation overlooks. The boardwalk will be located along the western and northern shoreline of the 50'-deep 'gator pond' giving visitors a safe, scenic connection to the preserve's trail system. This project will conclude work funded by the CIP in 2011-12, which involved the design of boardwalk. Environmental Resource Permits from the South Florida Water Management District and US Army Corps have been approved. The county will provide matching funds to share cost of boardwalk construction. PREVIOUS ACTION: N/A FINANCIAL IMPACT: Grant funds will provide $30,000 for the estimated $100,000 project. Sufficient funding is available from the 317 Bond for the remainder of the cost. RECOMMENDATION: Board acceptance of a grant from the Florida Department of Environmental Protection Coastal Partnership Initiative program in the amount of $30,000 to fund construction of a boardwalk at D.J. Wilcox Preserve, authorization for the Chairman to sign documents as approved by the County Attorney and to approve the related budget Resolution. COMMISSION ACTION: Packet Pg. 122 7.F.2 RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS] MOVER: Kim Johnson, District No. 5 SECONDER: Frannie Hutchinson, District No. 4, Vice -Chair AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson CONCURRENCE: County Administrator, ICMA-CM Coord i nation / Sig natures 0 � L c�d Kar_n ;L. Sm,�h, Envil onmer.*.al Resour es D parffWa1D03 Marie doV 5/23/2013 4 t�a`niqf S. McIntyre, ou y Attorney 5/23/2013 Updated: 6/5/2013 5:06 PM by Shane A. De Witt B Page 2 Packet Pg. 123 7.F.2.a Adopted 06/04/2013 RESOLUTION 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 Florida Coastal management Program through the Florida Department of Environmental Protection in the amount of $30,000 for the D.J. Wilcox Coastal Access & Restoration Phase II. 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 June, 2013, pursuant to Section 129.06 (d), Florida Statutes that such funds are hereby appropriated for the fiscal year 2012-2013, and the County's budget is hereby amended as follows: REVENUE 317101-3920-334715-31007 APPROPRIATIONS 317101-3920-563000-31007 Dept of Environmental Protection Infrastructure After motion and second the vote on this resolution was as follows: Commissioner Tod Mowery, Chairman Commissioner Frannie Hutchinson, Vice Chair Commissioner Chris Dzadovsky Commissioner Paula Lewis Commissioner Kim Johnson PASSED AND DULY ADOPTED THIS 4TH DAY OF JUNE 2013. ATTEST: $30,000 $30,000 XXX XXX XXX XXX XXX BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY Packet Pg. 124 7.F.2.b FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION MARJORY STONEMAN DOUGLAS BUILDING 3900 COMMONWEALTH BOULEVARD TALLAHASSEE, FLORIDA 32399-3000 May 7, 2013 Ms. Amy Griffin St. Lucie County Board of County Commissioners 2300 Virginia Ave. Fort Pierce, Florida 34982 Re: DEP Agreement Number CM236 D.J. Wilcox Coastal Access & Restoration, Phase II Dear Ms. Griffin: RICK SCOTT GOVERNOR HERSCIIEL T, VINYARD JR. SECZI CARY With regard to the above -captioned grant project, enclosed for your signature are two original subgrant agreements, together with appropriate attachments. Please have the agreements signed by the chief elected official, agency head or president of the grant recipient entity, depending on the type of organization. If the agreement is si nay someone other than the designated official, you must provide a delegation of authority for that person to execute grant agreements for the agency. Failure to have the agreements signed by the appropriate official or to. provide as written delegation of authority maX delay commencement of the project. Please make every effort to return the signed agreements by May 24"' for execution by the Department of Environmental Protection. I look forward to working with you in the coming year. If you have any questions about the agreement, please do not hesitate to contact me at (850) 245-2161. Otherwise, I shall look forward to receiving the executed documents at your earliest opportunity. Please return them to my attention. Sincerely, Dornecia Allen Grants Manager Florida Coastal Management Program Enclosure It' It' Iv. dep, s iale fl, us Packet Pg. 125 i 7.F.2.b DEP AGREEMENT NO. CM236 STATE OF FLORIDA COASTAL ZONE MANAGEMENT PROGRAM GRANT AGREEMENT PURSUANT TO THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION COOPERATIVE AWARD THIS COASTAL ZONE MANAGEMENT PROGRAM GRANT AGREEMENT (hereinafter "Agreement") is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 (hereinafter "the Department" or "DEP") and the ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS, whose address is 2300 Virginia Avenue, Foil Pierce, Florida 34982 (hereinafter "the Grantee" or "Recipient"), a local government, to provide federal finding for D.J. WILCOX COASTAL ACCESS & RESTORATION PROJECT PHASE II. WHEREAS, the Department is the recipient of federal financial assistance fi•om the National Oceanic and Atmospheric Administration (NOAA), awarded on July 1, 2011, pursuant to cooperative annual award #NA I INOS4190073 and, as the result of this Agreement, the Grantee has been determined to be a subrecipient of federal financial assistance from the National Oceanic and Atmospheric Administration (NOAA); and, WHEREAS, the Grantee is responsible for complying with the appropriate federal guidelines in the performance of its activities pursuant to this Agreement. NOW, THEREFORE, in consideration of the premises and the mutual benefits to be derived herefrom, the Department and the Grantee do hereby agree as follows: 1. TERMS OF AGREEMENT A. The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement, Attachment A (Project Work Plan), and all attachments and exhibits named herein, which are attached hereto and made a part hereof. For purposes of this Agreement, the terms "Contract" and "Agreement" and the terms "Grantee" and "Recipient" are used interchangeably. B. The Grantee shall comply with all applicable federal, state and local rules and regulations in performing under this Agreement. The Grantee acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The Grantee further agrees to include this provision in all subcontracts issued as a result of this Agreement. C. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. Additionally, the State of Florida's performance and obligation to pay under this Agreement is contingent upon receipt of funding from NOAA. The parties hereto understand that this Agreement is not a commitment of future appropriations. D. The Grantee acknowledges that receipt of this grant does not imply that the project qualifies for any applicable state permit or approval. 2. PERIOD OF AGREEMENT This Agreement shall begin upon execution by both parties and end no later than June 30, 2014, inclusive. The Grantee shall be eligible for reimbursement for work performed on or after March 24, 2013. No work may commence and no funds may be expended on this Section 306A funded project until the Florida Coastal Management Program (FCMP) and NOAA have approved the Section 306A checklist. Projects funded with Section 306A funds must comply with Section 306A of the Coastal Zone Management Act, available at<httu://coastahnanagement,�toatt.aov/bout/ Ana. ttrnl#section3 0_. DEP Agreement No, CM236, Page 1 of 12 DEP 55-236 (08111) Packet Pg. 126 7.F.2.b FUNDING/CONSIDERATION A. As consideration for the services rendered by the Grantee under the terms of this Agreement, the Department shall pay the Grantee on a cost reimbursement basis an amount not to exceed $30,000 for all eligible project costs, upon the completion, submittal and approval of the deliverables identified in Attachment A. The parties hereto understand and agree that this Agreement requires a cost sharing or match on the part of the Grantee in the amount of $30,000 in cash, in -kind, or third party in -kind, towards the work funded under this Agreement. The final payment will not be processed until the match requirement has been met. All cost sharing/match shall meet the federal requirements established in 48 CFR Part 31, 15 CFR Part 14.23, 15 CFR 24.24 and OMB Circulars A-87 (2 CFR 225), A-122 (2 CFR 230) and A-21 (2 CFR 220). B. Prior written approval fi-om the Department's Grant Manager shall be required for changes within approved task budget categories of up to 10% of the total FCMP task budget amount. The Department Grant Manager will transmit a copy of the written approval and revised budget to the Department Contracts Disbursements Office for inclusion in the Agreement file. Changes greater than 10°% of the total FCMP task budget will require a formal change order to the Agreement. Changes that transfer funds from one task to another or that increase or decrease the total funding amount will require a formal amendment to the Agreement. C. The Grantee shall submit a properly completed Attachment C, Payment Request Summary Form, upon the completion, submittal, and acceptance by the Department, of each deliverable identified in Attachment A. In addition to the Payment Request Form, the Grantee must provide a completed Exhibit I, Schedule of Expenditures; Exhibit I1, Schedule of Match; copies of canceled checks; copies of invoices and a completed Attachment B, Quarterly Progress Report, for the period up to the completion of the deliverable. All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. All requests for reimbursement of travel expenses shall be in accordance with Section 112.061, Florida Statutes (hereinafter "F.S."). Failure to provide Attachment B shall result in a delay in processing the payment until such time as the appropriate information is provided to the Department. Each payment request submitted shall document all matching funds and/or match efforts (i.e. in -kind services) provided during the period covered by each request. A final payment request must be submitted to the Department no later than July 10, 2014, to assure the availability of funds for payment. The final payment will not be processed until the match requirement has been met.) Failure to comply with these reporting requirements will result in non-payment or termination of this Agreement. To be eligible for reimbursement, costs must be in accordance with the requirements of 15 CFR Parts 14 and 24, as applicable. D. In addition to the invoicing requirements contained in paragraphs 4.A, and C, the Department will periodically request, as it deems appropriate in its sole discretion, proof of a transaction (invoice, payroll register, or similar item) to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines). This information, when requested, must be provided within thirty (30) calendar days of such request. The Grantee may also be required to submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). State guidelines for allowable costs can be found in the Department of Financial Services' Reference Guide for State Expenditures at htt ;//www.tldfs.comlaadu°IreF rerrce°/uSFguide; allowable costs for Federal Programs can be found under 48 CFR Part 31 and Appendix E of 45 CFR Part 74, at htt Wwww,access. o. ov/nara/efr/efr-table-searclt.htnil and OMB Circulars A-87 (2 CFR 225), A-122 (2 CFR 230), A-21 (2 CFR 220); and administrative requirements can be found in OMB Circulars A-102 and A-110 (2 CFR 215) at htt ://rvww.whitehotise, ov/onib/circulars/irtdex.litinl#numerical. E. Only project deliverable costs incurred during the grant period identified in paragraph 2 of this Agreement, as shown by project invoices, are eligible for reimbursement. In order to be reimbursed, costs under this Agreement must be obligated and all work completed by the Grantee by the end of the grant period identified in paragraph 2. Ten percent (101/6) of the funds eligible DEP Agreement No. CM236, Page 2 of 12 ➢EP 55-236 (08/11) Packet Pg. 127 7.F.2.b for reimbursement under this Agreement may be withheld pending receipt and approval of all work products and deliverables as identified in Attachment A. F. Allowable costs will be determined in accordance with the cost principles applicable to the organization incurring the costs. For purposes of this Agreement, the following cost principles are incorporated by reference. Organization Tye Applicable Cost Principles State, local or Indian tribal government. OMB Circular A-87 (2 CFR 225) Private non-profit organization other than (1) an OMB Circular A-122 (2 CFR 230) institution of higher education, (2) hospital, or (3) organization named in OMB Circular A-122 as not subject to that circular. Education Institutions OMB Circular A-21 (2 CFR 220) For -profit organization other than a hospital and an 48 CFR Part 31, Contract Cost Principles organization named in OMB A-122 as not subject to and Procedures, or uniform cost accounting that circular, standards that comply with cost principles acceptable to the federal agency. Hospital 45 CFR Subtitle A - Appendix E to Part 74- Principles for Determining Costs Applicable to Research and Development Under Grants and Contracts with Hospitals G. 1. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program -by - program or a project -by -project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, the Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. 2. If the Department finds that these funds have been commingled, the Department shall have the right to demand a refund, either in whole or in part, of the funds provided to the Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from the Department shall refund, and shall forthwith pay to the Department, the amount of money demanded by the Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from the Department by the Grantee to the date repayment is made by the Grantee to the Department. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by the Department, from another source(s), the Grantee shall reimburse the Department for all recovered funds originally provided under this Agreement. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the payment(s) are recovered by the Grantee to the date repayment is made to the Department by the Grantee. H. Costs of the Grantee resulting from obligations incurred by the Grantee during a suspension or after termination of the Agreement are not allowable unless the Department expressly authorizes them in the notice of suspension or termination. If expressly authorized such Grantee costs incurred during suspension or after termination are only allowable if necessary and not reasonably avoidable, and are allowable only if both of the following apply: DEP Agreement No. CM236, Page 3 of 12 DEP 55-236 (08/11) Packet Pg. 128 7.F.2.b The costs result from obligations which were properly incurred by the Grantee before the effective date of suspension or termination, are not in anticipation of it, and in the case of termination, are non -cancelable; and 2. The cost would be allowable if the Agreement were not suspended or expired normally at the end of the funding period in which the termination takes place. 4. REPORTS The Grantee shall submit a Progress Report Form, attached hereto and incorporated herein as Attachment B on a quarterly basis. Quarterly reports shall be submitted to the Department's Grant Manager no later than ten (10) days following the completion of the quarterly reporting period. The term "quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30 and December 31. In addition to the final quarterly progress report, the Grantee shall submit a Final Project Report Form, attached hereto and made a part hereof as Attachment D. A draft shall be submitted electronically to the Department's Grant Manager for approval. After approval by the Florida Coastal Management Program (FCMP), a hard copy and an electronic copy of the Final Project Report shall be submitted to the Department's Grant Manager. Final payment will be held until receipt and approval of the Final Project Report. INDEMNIFICATION/LIMITS OF LIABILITY Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, F.S. 6. DEFAULT/TERMINATION A. This Agreement shall be executed within ninety (90) days from NOAA approval unless mutually waived by the Department and the Grantee. Failure of timely execution of this Agreement by the Grantee may result in these funds being reallocated to other FCMP needs. B. The Department may terminate this Agreement at any time in the event of the failure of the Grantee to fulfill any of its obligations under this Agreement. Prior to termination, the Department shall provide thirty (30) calendar days written notice of its intent to terminate and shall provide the Grantee an opportunity to inquire with the Department regarding the reason(s) for termination. C. The Department may terminate this Agreement if the work described herein has not commenced within sixty (60) calendar days of the date of execution of this Agreement. Prior to termination, the Department shall provide thirty (30) calendar days written notice of its intent to terminate and shall provide the Grantee an opportunity to inquire with the Department regarding the reason(s) for termination. D. The Department may unilaterally terminate this Agreement for convenience by providing the Grantee with thirty (30) calendar days written notice. E. Records made or received in conjunction with this Agreement are public records. Such records may also be subject to the Freedom of Information Act. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public access to all documents, papers, letters, or other material made or received by the Grantee in conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Chapter 119, F.S. F. The Department will decline reimbursement to the Grantee for services provided under the terms of this Agreement if the Grantee does not submit payment requests and quarterly reports in accordance with the provisions of paragraphs 3 and 4 of this Agreement. Quarterly Progress Reports received by the Department after the 10th calendar day following the completion of any quarterly reporting period will be considered late -filed and render Grantee in default under the terms of this Agreement. DEP Agreement No. CM236, Page 4 of 12 DEP 55-236 (08/11) Packet Pg. 129 7.F.2.b G. If the Grantee fails to perform in accordance with the terms and conditions set forth in this Agreement, Attachment A (Project Work Plan), and all attachments and exhibits, the Grantee shall be ineligible to be considered for funding under the Coastal Partnership Initiative (CPI) program for two (2) consecutive funding cycles. The Department shall notify the Grantee of ineligibility within thirty (30) days of the grant end date. REMEDIES If the Grantee materially fails to comply with the terms and conditions of this Agreement, including any Federal or state statutes, rules or regulations applicable to this Agreement, the Department may take one or more of the following actions, as appropriate for the circumstances: A. Temporarily withhold cash payments pending correction of the deficiency by the Grantee. B. Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance. C. Request refund of previously disbursed payments. D. Wholly or partly suspend or terminate this Agreement. E. Withhold further awards for the project or program. F. Take other remedies that may be legally available. G. Propose Grantee for Debarment and Suspension in accordance with Executive Orders 12549 and 12689. FINANCIAL CONSEQUENCES No payment will be made for unsatisfactory deliverables. In the event that a deliverable is deemed unsatisfactory, The Grantee shall re -perform the services needed for submittal of a satisfactory deliverable, at no additional cost to the Department, within ten (10) days. If a satisfactory deliverable is not submitted within the specified timeframe, the Department may, in its sole discretion, either: 1) terminate this Agreement for failure to perform, or 2) the Department's Grant Manager may, by letter specifying the failure of performance under this Agreement, request that a proposed Corrective Action Plan (CAP) be submitted by the Grantee to the Department. All CAPS must be able to be implemented and performed in no more than sixty (60) days. A. A CAP shall be submitted within ten (10) business days of the date of the letter request from the Department. The CAP shall be sent to the Department's Grant Manager for review and approval. Within ten (10) business days of receipt of a CAP, the Department shall notify the Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted, the Grantee shall have ten (10) business days fi•om receipt of the Department's letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain the Department's approval of a CAP as specified above shall result in the Department's termination of this Agreement for cause as authorized in this Agreement. B. Upon the Department's notice of acceptance of a proposed CAP, the Grantee shall have ten (10) calendar days to commence implementation of the accepted plan. Acceptance of the proposed CAP by the Department does not alter or amend the Grantee's obligations under this Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by the Grantee, the Department shall retain the right to require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by the Department or steps taken by the Grantee shall serve to condone, forgive or stop the Department fi•om asserting subsequent deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be provided to the Department as requested by the Department's Grant Manager. DEP Agreement No. CM236, Page 5 of 12 DEP 55-236 (08/11) Packet Pg. 130 7.F.2.b C. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Grantee as specified by the Department may result in termination of this Agreement. The remedies set forth above are not exclusive and the Department reserves the right to exercise other remedies in addition to or in lieu of those set forth above, as permitted by this Agreement. 9. RECORD KEEPING/AUDIT A. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. NOAA, the Department, the State of Florida, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five (5) years following Agreement completion. In the event any work is subcontracted, the Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. B. The Grantee agrees that if any litigation, claim, or audit is started before the expiration of the record retention period established above, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved and final action taken. C. Records for real property and equipment acquired with Federal funds shall be retained for five (5) years following final disposition. D. The federal funds awarded under this Agreement must comply with The Federal Funding AceountabiCity antl Transparency Act (FFATA) of 2006. The intent of the FFATA is to empower every American with the ability to hold the government accountable for each spending decision. The end result is to reduce wasteful spending in the government. The FFATA legislation requires that information on federal awards (federal financial assistance and expenditures) be made available to the public via a single, searchable website, which is www,USASocndii1g,.ov. Grant Recipients awarded anew Federal grant greater than or equal to $25,000 awarded on or after October 13 2010 are subject to the FFATA. The Grantee agrees to provide the information necessary, over the life of this Agreement, for the Department to comply with this requirement. 9. SPECIAL AUDIT REQUIREMENTS A. In addition to the requirements of the preceding paragraph, the Grantee shall comply with the applicable provisions contained in Attachment E (Special Audit Requirements), attached hereto and made a part hereof. Exhibit 1 to Attachment E summarizes the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment E. A revised copy of Exhibit 1 must be provided to the Grantee for each amendment that authorizes a funding increase or decrease. If the Grantee fails to receive a revised copy of Exhibit 1, the Grantee shall notify the Department's Grant Manager to request a copy of the updated information. B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall consider the type of financial assistance (Federal and/or state) identified in Attachment E, Exhibit 1 when making its determination. For Federal financial assistance, the Grantee shall utilize the guidance provided under OMB Circular A-133, Subpart B, Section _.210 for determining whether the relationship represents that of a subrecipient or vendor. For state financial assistance, the Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs. Vendor Determination" (form #D)iS-A2-NS), accessible at: haps-Wappsfldfs,cvmlfsaafcioclElneitts/nortstate.doc. The Grantee should confer with its chief financial officer, audit director or contact the Department for assistance with questions pertaining to the applicability of these requirements. DEP Agreement No. CM236, Page 6 of 12 DEP 55-236 (08/11) Packet Pg. 131 7.F.2.b C. In addition, the Grantee agrees to complete and submit the Certification of Applicability to Single Audit Act Reporting, Attachment F, attached hereto and made a part hereof, within four (4) months following the end of the Grantee's fiscal year. Attachment F should be submitted to the Department's Grants Development and Review Manager at 3900 Commonwealth Boulevard, Mail Station 93, Tallahassee, Florida 32399-3000, The Grants Development and Review Manager is available to answer any questions at (850) 245-2361. 10. SUBCONTRACTS A. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager. The Grantee agrees to comply with the procurement requirements contained in 15 CFR 24.36 and 15 CFR 14.44, as applicable. The payment terms of subcontracts (other than construction and the purchase of commodities) shall comply with the terms of this Agreement (for example, if payment under this Agreement is being made on a cost reimbursement basis, then the subcontract should also be cost reimbursement). The Grantee shall submit a copy of the executed subcontract to the Department's Grant Manager within ten (10) days after execution. The Grantee agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the Grantee that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. B. The Department of Environmental Protection supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. A list of minority owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915. 11, LOBBYING PROHIBITION A. In accordance with Section 216.347, F.S., the Grantee is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. B. Pursuant to the terms and conditions of the Federal award supporting this Agreement, no funds used for the payment of membership dues to any entity are to be used by that entity to engage in lobbying activities, as provided in OMB Circulars No. A-87 (2 CFR 225), A-21(2 CFR 220), A- 122 (2 CFR 230), A-102 and A-110 (2 CFR 215) and other relevant law and regulation. 12. CONTACTS A. Any notices between the parties shall be considered delivered when posted by Certified Mail, return receipt requested, or overnight courier service, or delivered in person to the Grant Managers at the addresses below. B. The Department's Grant Manager (who may also be referred to as the Department's Project Manager) for this Agreement is identified below. Dornecia Allen, Operations & Management Consultant I Department of Environmental Protection Florida Coastal Management Program 3900 Commonwealth Boulevard, Mail Station #47 Tallahassee, Florida 32399-3000 Telephone No.: (850)245-2161 Fax No.: (850)245-2189 E-mail Address: Dornecia.Allen@dep.state.fl.us DEP Agreement No. CM236, Page 7 of 12 DEP 55-236 (08/1I) Packet Pg. 132 7.F.2.b C. The Grantee's Grant Manager (which may also be referred to as the Grantee's Project Manager or Point of Contact) for this Agreement is identified below. Amy Griffin St. Lucie County Board of County Commissioners 2300 Virginia Ave. Fort Pierce, Florida 34982 Telephone No.: (772) 462-2528 Fax No.: (772) 462-1684 E-mail Address: df_1ha rt)stit.0ieco.ot9 D. The Grantee's Fiscal Agent for this Agreement is identified below. Shai Francis St. Lucie County Board of County Commissioners Clerk of Court Finance Department 2300 Virginia Ave. Fort Pierce, Florida 34982 Telephone No.: (772) 462-1476 Fax No.: (772) 462-1614 E-mail Address: franeiSQ),stiuci" 13. INSURANCE A. To the extent required by law, the Grantee will be self -insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of the Grantee's employees connected with the work of this project and, in case any work is subcontracted, the Grantee shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Grantee. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of the Grantee's employees not otherwise protected. B. The Grantee warrants and represents that it is self -funded for liability insurance, appropriate and allowable under Florida law, and that such self-insurance offers protection applicable to the Grantee's officers, employees, servants and agents while acting within the scope of their employment with the Grantee. 14. CONFLICT OF INTEREST The Grantee covenants that it presently has no interest and shall not acquire any interest that would conflict >a � in any manner or degree with the performance of services required. 15. EQUIPMENT The purchase of non -expendable equipment costing $1,000 or more is not authorized under the terms of (D this Agreement. t 16. CHANGE ORDERS The Department may at any time, by written order designated to be a change order, make any change in the Q Grant Manager information or task timelines within the current authorized Agreement period. All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change which causes an increase or decrease in the Grantee's cost or time, shall require formal amendment to this Agreement. 17. QUALITY ASSURANCE If the Grantee's project involves environmentally related measurements or data generation, the Grantee shall develop and implement quality assurance practices consisting of policies, procedures, specifications, DEP Agreement No. CM236, Page 8 of 12 DEP 55-236 (08111) Packet Pg. 133 7.F.2.b standards, and documentation sufficient to produce data of quality adequate to meet project objectives and to minimize loss of data due to out -of -control conditions or malfunctions. All sampling and analyses performed under this Agreement must conform with the requirements set forth in Chapter 62-160, Florida Administrative Code, and the Quality Assurance Requirements for Department Agreements, Attachment I, Quality Assurance Requirements, attached hereto and made a part hereof. 18. DISCRIMINATION A. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide 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 award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at (850) 487-0915. B. The Grantee agrees to comply with the provisions of 15 CFR Part 8 "Nondiscrimination in Federally Assisted Programs." No person, on the grounds of race, creed, color, national origin, age, sex or disability, shall be excluded from participation in; be denied the proceeds or benefits of, or be otherwise subjected to discrimination in the performance of this Agreement. 19. DEBARMENT/SUSPENSION In accordance with Executive Order 12549, Debannent and Suspension (2 CFR 1326), the Grantee shall agree and certify that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency; and, that the Grantee shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended fi•oin participating in this covered transaction, unless authorized in writing by NOAA to the Department. X COPYRIGHT, PATENT AND TRADEMARK The U.S. Department of Commerce, NOAA and the Department reserve a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for federal government purposes: A. The copyright in any work developed under a grant or contract under a grant. B. Any rights of copyright to which a grantee or a contractor purchases ownership with grant support. C. All patent rights, copyrights and data rights must be in accordance with 15 CFR 14.36 and 15 CFR 24.34, as applicable. 21. GEOSPATIAL DATA A. If funds are provided under this Agreement for the collection or production of geospatial data (e.g., GIS data layers, acquisition of topographic or bathymetric data or other remotely sensed data), the Grantee shall provide relevant information (e.g. expected dates of data collection, type of collection, flight lines, etc.) to the FCMP as early as practicable before data collection commences. B. This information will be shared with the NOAA office(s) having an interest in these types of data and the appropriate NOAA staff will work with the Grantee to ensure the data and the planned acquisition activities are registered in Geospatial One -Stop (geodata.gov) and comply with OMB Circular A-16, Coordination of Geographic Information and Related Spatial Data Activities at: http:lhvww.wliiteliotise.gov/oiilb/circulars/aOl6faOI6 rev.1itml. C. The Grantee shall document all new geospatial data it collects or produces using the metadata standards developed by the Federal Geospatial Data Committee (FGDC), and make that DEP Agreement No. CM236, Page 9 of 12 DEP 55-236 (08111) Packet Pg. 134 7.F.2.b standardized documentation electronically accessible to NOAA, if requested. These standards can be found at littp:HwwNy.fgdc.gov/iyiet,,idaWcsdgiii/. 22. PUBLICATIONS, PHOTOGRAPHS, AUDIOVISUALS & SIGNS Before publishing or printing a final draft of any publication pertaining to this Agreement, such draft shall be sent to the Department's Grant Manager for review and approval. This does not apply to the required quarterly reports referred to in paragraph 4 of this Agreement. A. Publications, printed reports (other than the scientific, technical, or professional publications as identified in paragraph 22.B, below), videos, websites or other materials must include the NOAA logo (logos can be found at the FCMP web site at httpj/lusw� .ded®p state.,flalslcn lgrantslloao d le:e.hlnt or contact the Department's Grant Manager to gat a copy) and the following statement on the cover of first page: "This (report/videolwebsite/publication) was funded in part, through a grant agreement from the Florida Department of Environmental Protection, Florida Coastal Management Program, by a grant provided by the Office of Ocean and Coastal Resource Management under the Coastal Zone Management Act of 1972, as amended, National Oceanic and Atmospheric Administration Award No. # NAIINOS4I90073. The views, statements, findings, conclusions and recommendations expressed herein are those of the author(s) and do not necessarily reflect the views of the State of Florida, NOAA or any of their subagencies." The next printed line shall identify the month and year of the publication. B. Publication of the results of research projects in appropriate professional journals is encouraged as an important method of recording and reporting scientific information. The Grantee is required to submit a copy to the Department when releasing information related to a funded project, which includes a statement that the project or effort undertaken was or is sponsored by the U.S. Department of Commerce. The Grantee is also responsible for assuring that every publication of material (including internet sites) based on or developed under an award, except scientific articles or papers appearing in scientific, technical or professional journals, contains the statement shown in paragraph 22.A. above. C. Grantees must complete a signed Photographer Release Form and/or Model Release Form (Attachment J) to be submitted with project photos sent to the Department. D. Audiovisuals: Grantees must acknowledge NOAA support on any audiovisual (e.g., website, video, slides, etc.) which is produced with this Agreement. Unless required under special terms of this Agreement, this requirement does not apply to audiovisuals produced as research instruments or for documenting experimentation or findings and which are not intended for presentation to the general public. The acknowledgment must not represent or suggest in any way that the views expressed are those of NOAA and must include the statement shown in paragraph 22.A. above. The Grantee must receive approval in writing from the Department's Grant Manager before beginning production and distribution of any audiovisual (e.g., video, slides, etc.) funded under this Agreement. The Grantee must apply for approval at least thirty (30) calendar days in advance. The Grantee must also provide the Department's Grant Manager with shooting scripts and provide two (2) copies of the audiovisual (e.g., video, slides, etc.) upon completion. E. Sign Requirements for Construction Projects: The Grantee shall erect a sign at the site of any construction project, maintain it during construction and the sign must remain at the site permanently. This requirement shalt survive the completion date of the Agreement as established in paragraph 2. The sign must be at least 2' x Yin size and include the language shown below, and the NOAA, DEP and FCMP logos, which may be found at http://�vGvw.tlen,state,PY.uslct� l tts/ic)os/indgx.htim, Sign colors should complement the surrounding area. The following language is recommended: DEP Agreement No. CM236, Page 10 of 12 DEP 55-236 (08/11) Packet Pg. 135 7.F.2.b "The Florida Coastal Management Program funded this project with a grant from the NOAA Office of Ocean and Coastal Resource Management awarded under the Coastal Zone Management Act." The next printed line shall identify the completion month and year of the project. F. Acknowledgement Requirement for Interpretive Signs & Banners: Interpretive signs and barriers may include only the NOAA and FCMP logos. 23. CONTRACT PROVISIONS The Grantee agrees to comply with, and include in subcontracts and subgrants, the provisions contained in Attachment K, Contract Provisions, attached hereto and made a pant hereof. In addition, the Grantee acknowledges that the applicable regulations listed in Attachment L, Regulations, attached hereto and made a pail hereof, shall apply to this Agreement. 24. LAND ACQUISITION Land acquisition is not authorized under the terms of this Agreement. 25. SEVERABILITY CLAUSE If a court deems any provision of the Agreement void or unenforceable, that provision shall be enforced only to the extent that it is not in violation of law or is not otherwise unenforceable and all other provisions shall remain in full force and effect. 26. ENTIRE AGREEMENT This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. CM236, Page 11 of 12 DEP 55-236 (0$f11) Packet Pg. 136 7.F.2.b IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last written below. ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS By: Faye W. Outlaw, County Administrator Date: Approved as to form and legality: GRANTEE Attorney FEID No.: 59-6000835 DUNS No.: 072215403-0000 CFDA No.: 11.419 CFDA Title: Coastal Zone Administration Awards STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Sally B. Mann, Director Intergovernmental Programs Dornecia Allen DEP Grant Manager Approved as to form and legality: DEP Coastal Management Program Attorney *For Agreements with governmental boards/commissions: If someone other than the Chairman signs this Agreement, a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the governmental board/commission must accompany the Agreement. List of attachments/exhibits included as part of this Agreement: Specify Letter/ Type Number Description (include number of pages) Attachment Attachment Attachment A B C Project Work Plan (6 Pages) Progress Report Form (2 Pages) Payment Request Form 10 Pa es Attachment D Final Project Report Form (4 Pages) Attachment E Special Audit Requirements 5 Pages) Attachment F Certification of A licabili to Single Audit Act Re ortin 3 Pages)..... Attachment G Disclosure of Lobbying Activities 2 Pa es Not applicable Attachment H Property Reporting; Form (1 Page) Not applicable Attachment Attachment Attachment I J K Quality Assurance Requirements (16 Pages) Not applicable Photo ra her Release Form & Model Release Form 2 Pages) Contract Provisions 4 Pages) Attachment L Regulations (1 Page DEP Agreement No. CM236, Page 12 of 12 DEP 55-236 (08111) Packet Pg. 137 7.F.2.b ATTACHMENT A PROJECT WORK PLAN DEP Agreement #CM236 PMeet Title: D.J. Wilcox Coastal Access & Restoration Project Phase 11 Grantee Organization Name: St. Lucie County Board of County Commissioners Chief Elected Official or Agency Head: Faye W° Outlaw Title: County Administrator Address: 2300 Virginia Ave. City: Fort Pierce Zip Code: 34982 Area Code and Telephone Number: (772) 462-2528 Area Code and Facsimile Machine Telephone Number: (772) 462-2131 E-Mail Address: peLii®zastlucieco.v�°g Project Manager Organization Name: St. Lucie County Board of County Commissioners Name: Amy Griffin Address: 2300 Virginia Ave, City: Fort Pierce Zip Code: 34982 Area Code and Telephone Number: (772) 462-2528 Area Code and Facsimile Machine Telephone Number: (772) 462-1684 E-Mail Address: griftna c7stlucieca�qt:g Fiscal Aeent Organization Name: Clerk of Court Finance Department Name: Shai Francis Address: 2300 Virginia Avenue City: Fort Pierce Zip Code: 34982 Area Code and Telephone Number: (772) 462-1476 Area Code and Facsimile Machine Telephone Number: (772) 462-1614 E-Mail Address: fi•fmc�uc'e.ur s Mailing Address for Warrant (if other than the Grantee address): DEP Agreement No. CM236, Attachment A, Page 1 of 6 Packet Pg. 138 7.F.2.b FEID No.: 59-6000835 DUNS No.: 072215403-0000 Project Location; Identify the location of the project and include the county/counties involved in the project area. If this project affects water, include the watershed and hydrologic unit code. 300 Michigan Street, Fort Pierce, FL 34946 Watershed — Indian River Lagoon, 030802 East Florida Coastal unit County in which project is located: St. Lucie DEP Agreement No. CM236, Attachment A, Page 2 of 6 Packet Pg. 139 7.F.2.b Scone of Work: Provide a summary of the project and the justification supporting the need for the Florida Department of Environmental Protection to fund the project. Provide a detailed description of the work to be performed for the project. Project descriptions should include specific tasks and deliverables. The D.J. Wilcox Preserve is a 106-acre, county -owned property located along the western shore of the Indian River Lagoon in St. Lucie County, Florida. This project will conclude work initiated in 2011 to improve public access and safety while enhancing the wetland functionality. As part of the FY I I award fi•om the FCMP, the County completed design boardwalk standards for all of St. Lucie County's parks and preserves, and designed a boardwalk to be located adjacent to a deep -water pond in the Preserve. This Phase 2 project involves constructing an 8'-wide by 469'-long composite lumber interpretive boardwalk with two covered wildlife observation overlooks along the western and northern shore of the 50' deep "gator pond". The Preserve presently contains a nearly 1-mile-long self guided interpretive hiking trail and observation Tower. The proposed boardwalk will connect the trail to the preserve's parking lot just north of the intersection of Old Dixie Highway and Michigan Street, creating a safe and enjoyable route for visitors. The boardwalk footprint has been cleared of exotic vegetation and Environmental Resource Pen -nits from the South Florida Water Management District have been received; required permits from the USACOE have been verbally approved. An educational kiosk will be built at the entrance to the boardwalk and will display a map of the Preserve, a legend identifying flora and fauna and a list of project sponsors. Phase 2 Tasks are: 1) Prepare bid documents, advertise, award bid and prepare contract 2) Construct 8- by 469-linear foot boardwalk with two covered observation platforms 3) Construct and install educational kiosk Deliverables: 1. Final contract and scope of services with consultant 2. Before and after photos of construction activity 3. Photos of completed kiosk. DEP Agreement No. CM236, Attachment A, Page 3 of 6 Packet Pg. 140 7.F.2.b Project Related Tasks and Deliverables: Provide detailed tasks for the completion of the project, deliverables specific to the tasks (required reports such as progress reports and final reports are not deliverables as they are required by all agreements and are not project specific), timeline for the completion of the tasks and submittal of the deliverables, the criteria that will be used to evaluate the successful completion of the task and deliverable budget information for each deliverable. PAYMENT WILL BE BASED ON COMPLETION OF DELIVERABLES: Deliverables must be submitted and approved prior to payment. Deliverables must be quantifiable, measurable and verifiable. Each deliverable must be directly related to a task specified in the scope of work and must identify the minimum level of service to be performed. Task 1 ($0): Prepare bid documents, advertise and award bid, and prepare contract. Deliverable 1.1 ($0): Copies of bid documents and final contract. Completion Date: July 30, 2013 (deliverables are due no later than 10 days after the completion date) Budget Information: $0 -Match Task 2 ($69.34): Placement of sign at project Iocation indicating NOAA/FCMP grants funding. Deliverable 2.1 ($69.34): Photo of installed funding acknowledgement sign that meets the requirements of the grant agreement. Completion Date: August 30, 2013(deliverables are due no later than 10 days after the completion date) Budget Information: $69.34 -Match Salaries: Restoration Biologist-2 hours at $19.40 for a total of $38.80 Fringe Benefits: Restoration Biologist-2 hours at $15.27 for a total of $30.54 Task 3 ($58,560): Construct 8- by 469-linear foot boardwalk with two covered observation platforms Deliverable 3.1 ($58,560): Construction photos of the 8- by 469-linear foot boardwalk with two covered observation platforms. Completion Date: June 30, 2014(deliverables are due no later than 10 days after the completion date) Budget Information: $30,000 - FCMP & $28,560 -Match Contractual Services: $58,560- Contractor will construct 8x469-linear-foot boardwalk made of composite lumber and two 8-foot-wide covered observation platforms. Task 4 ($1,370.66): Construct and install educational kiosk Deliverable 4.1 ($0): Electronic final draft copy of interpretive sign panels. Completion Date: December 30, 2013(deliverables are due no later than 10 days after the,completion date) Budget Information: $0 -Match Deliverable 4.2 ($1,370.66): Photos of installed educational kiosk Completion Date. June 30, 2014(deliverables are due no later than 10 days after the completion date) Budget Information: $1,370.66 -Match Salaries: $502.48-Restoration Biologist-8 hours at $19.40 for a total of $155.20; Scientific Technician I 24 hours at $14.47 for a total of $347.28 Fringe Benefits: $437.52-Restoration Biologist-8 hours at $15.27 for a total of $122.16; Scientific Technician I --- 24 hours at $13.14 for a total of $315.36 Supplies: $430.66-lumber, hardware, metal for roof, Custom kiosk sign 35-3/4" X 68-3/4" X .080, and square corners/no holes (per art work provided). ➢EP Agreement No. CM236, Attachment A, Page 4 of 6 Packet Pg. 141 7.F.2.b Total Project Budliet Schedule: Please type the total dollar amounts in all applicable categories and leave other categories blank. If your grant Agreement requires match, it must equal the FCMP funds requested, or one hundred percent (100%). Budget Category FCMP Funds MATCH Funds 1. Salaries 541.28 2. Fringe Benefits 468.06 3, Travel 4. Equipment Purchases 5. Supplies 430.66 6. Contractual Services* 30,000 28,560 7. Other Expenses 8. Indirect Charges FCMP Total $30,000 Match Total $30,000 NOAA Project Total $30,000 Total Project Cost: $117,870 (The total cost of the project should include all costs for the project provided by all funding sources. If this is a smaller component of a larger project please provide the total cost of the larger project) * Please note that if there are expenses for contractual services, FCMP requires a separate description and budget breakout for each subcontract. AEP Agreement No. CM236, Attachment A, Page 5 of 6 Packet Pg. 142 7.F.2.b Project Budget Narrative; Describe line items for each applicable budget category shown on the budget schedule. Provide sufficient detail to show cost relationship to project activities. Complete for both FCMP and match items, if applicable. If in -kind match is being provided by a third party, a letter from that party confirming the amount and type of that match must be included with this project work plan. Note: Indirect costs are not allowed as match. FCMP Funds: Contractual Services $30,000: Contractor will construct 8x469-linear-foot boardwalk made of composite lumber and two 8-foot-wide covered observation platforms. Match Funds: Salaries $541.28: Scientific Tech I Construct and install educational kiosk 24hrs at $14.47/hr= $347.28. Restoration Biologist -Design educational kiosk and create graphics 8hrs at $19.40/tu= $155.20. Fringe Benefits $468.06: Scientific Tech I Construct and install educational kiosk 24hrs at $13.14/hr= $315.36. Restoration Biologist -Design educational kiosk and create graphics 81irs at $15.27/hr= $122,16. Supplies $430.66: Lumber, hardware, metal for roof, Custom kiosk sign 35-3/4" X 68-3/4" X .080, and square corners/no holes (per ail work provided). Contractual Services $28,560: Contractor will construct 8x469-linear-foot boardwalk made of composite lumber and two 8-foot-wide covered observation platforms. DEP Agreement No. CM236, Attachment A, Page 6 of 6 Packet Pg. 143 7.F.2.b ATTACHMENT B DEP Agreement No.: Grantee Name: Grantee Address: Grantee's Grant Manager: Telephone No.: Grant Manager's Email Address: Reporting Period: Project Title: Provide a summary of project accomplishments for this reporting period by task. If tasks were not addressed during the reporting eriod, provide an explanation. Provide the status of each deliverable. (e.g., Deliverable 1.1: 75% complete, Deliverable 1.2: 25% complete, Deliverable 2.1, work scheduled to begin after the completion of Deliverable 1.1, Deliverable 2.2, etc.) Identify below, and attach copies of deliverables being submitted for this reporting period (e.g., Deliverable 1.1: copies of permits, Deliverable 1.2: before photographs, etc. Provide an explanation for any anticipated delays or any problems encountered. DEP Agreeinent No. CM236, Attachment B, Page 1 of 2 DEP 55-236 (06/09) Packet Pg. 144 7.F.2.b INSTRUCTIONS FOR COMPLETING ATTACHMENT B PROGRESS REPORT FORM DEP AGREEMENT NO.: This is the number on your grant agreement that starts with CM GRANTEE NAME: Enter the name of the grantee's agency. GRANTEE ADDRESS: Enter the address that is on the first page of the grant agreement. GRANTEE'S GRANT MANAGER: Enter the person identified as grant manager in the grant agreement. TELEPHONE NO.: Enter the telephone number where the grant manager can be contacted. GRANT MANAGER'S EMAIL ADDRESS: Enter the grant manager's email address. REPORTING PERIOD: This is the beginning and ending date of the reporting period; it can cover more than one quarter. PROJECT TITLE: Enter the Title shown on the first page of the grant agreement. Provide a summary of project accomplishments this reporting period by task. If tasks were not addressed during the reporting period, provide an explanation(s). This section should show the progress for each task that was scheduled to begin or be completed in the current reporting period. If there was no progress for a task that was to start or be completed, please explain the reason. Provide the status of each deliverable. (e.g., Deliverable 1.1: 75% complete, Deliverable 1.2: 25% complete, Deliverable 2.1, work scheduled to begin after the completion of Deliverable 1.1, Deliverable 2.2, etc.). This section should show the status for each deliverable that was scheduled to begin or be completed in the current reporting period. The status should be reported by the percentage completed. If there was no progress for a deliverable, briefly state the reason. Identify below, and attach copies of deliverables being submitted for this reporting period (e.g., Deliverable 1.1: copies of permits, Deliverable 1.2: before photographs, etc.). Ensure that any deliverables listed in the grant agreement, as well as those not listed are included. For instance, you may send copies of agendas or minutes of meetings, photos of displays, or other supporting documentation to show the completion or progress towards a task. Label the deliverables by task and deliverable number(s) that they are associated with (for example: Deliverable 1.1 for task 1, deliverable 1). Provide an explanation for any anticipated delays or any problems encountered. Provide a brief summary of any anticipated or encountered problems or delays. Questions regarding completion of Progress Reports should be directed to Dornecia Allen at (850) 245-2161 or 1�or��cc,ia�,Allc;n a�ci��.st�at�,ll�t�ti. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. CM236, Attachment B, Page 2 of 2 DEP 55-236 (06/09) Packet Pg. 145 7.F.2.b Grantee: Mailing Address: DEP Agreement No.: Date Of Request: _ Total Amount Requested:$_ ATTACHMENT C PAYMENT REQUEST FORM Grantee's Grant Manager: Payment Request No.: Performance Period: Deliverable No.. GRANT EXPENDITURES SUMMARY SECTION [Effective Date of Grant through End -of -Grant Period] TOTAL TOTAL MATCHING AMOUNT OF CUMULATIVE CUMULATIVE FUNDS CATEGORY OF EXPENDITURE THIS CLAIM FCMP CLAIMED MATCHING CLAIMS FUNDS Salaries $ $ $ Fringe Benefits $ $ $ Travel $ $ $ $ Equipment Purchases $ $ $ Supplies $ $ $ $ Contractual Services S $ $ $ Other Expenses $ $ $ $ Indirect $ $ TOTAL AMOUNT $ $ $ $ GRANT B UDGETAMOUNT $ $ Less Total Cumulative Payments of: S $ REMAINING BUDGET IN GRANT $ ........:.. .. _ $_ .. _ .._ GRANTEE CERTIFICATION The undersigned certifies that the amount being requested for reimbursement above was for items that were charged to and utilized only for the above cited grant activities. Grantee's Grant Manager's Signature Print Name Telephone Number Grantee's Fiscal Agent Print Name Telephone Number "PLEASE DO NOT ALTER THIS FORM" DEP Agreement No. CM236, Attachment C, Page 1 of 10 Packet Pg. 146 7.F.2.b DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA COASTAL MANAGEMENT PROGRAM INSTRUCTIONS FOR COMPLETING ATTACHMENT C PAYMENT REQUEST FORM GRANTEE: Enter the name of the grantee's agency. MAILING ADDRESS: Enter the address that you want the state warrant sent. DEP AGREEMENT NO.: This is the number on your grant agreement that starts with CM DATE OF REQUEST: This is the date you are submitting the report. TOTAL AMOUNT REQUESTED: This should match the amount on the "TOTAL AMOUNT" line for the "AMOUNT OF THIS CLAIM' column. GRANTEE'S GRANT MANAGER: This should be the person identified as grant manager in the grant agreement. PAYMENT REQUEST NO.: This is the number of your payment request, not the quarter number. PERFORMANCE PERIOD: This is the beginning and ending date of the reporting period. DELIVERABLE NO.: Enter the number of the DELIVERABLE(S) that you are requesting payment for. GRANT EXPENDITURES SUMMARYSECTION., "AMOUNT OF THIS REQUEST" COLUMN: Enter the amount that was paid out for all listed deliverables during the invoice period for which you are requesting reimbursement. This must be by budget category as in the currently approved budget in Attachment A, Project Work Plan, or amendment of your grant Agreement. Do not claim expenses in a budget category that does not have an approved budget. Do not claim items that are not specifically identified in the current Budget Narrative section of Attachment A. DO NOT ALTER FORM OR COMBINE BUDGET CATEGORIES. Enter the column total on the "TOTAL AMOUNT' line. Enter the FCMP budget amount on the "GRANT BUDGET AMOUNT' line. Enter the total cumulative amount of this request and all previous payments on the "LESS TOTAL CUMULATIVE PAYMENTS OF" llne. Deduct the "LESS TOTAL CUMULATIVE PAYMENTS OF" from the "GRANT BUDGET AMOUNT' for the amount to enter on the "REMAINING BUDGET IN GRANT" line. "TOTAL CUMULATIVE FCMP CLAIMS" COLUMN: Enter the cumulative amounts that have been claimed to date for FCMP expenses by budget category. The final report should show the total of all claims, first claim through the final claim, etc. Enter the column total on the "TOTAL AMOUNT' line. DO NOT ENTER ANYTHING IN THE SHADED AREAS. "MATCHING FUNDS CLAIMED" COLUMN: Enter the amount to be claimed as match for the reporting period. This needs to be shown under specific budget categories according to what is in the currently approved Attachment A, Project Work Plan. Enter the total on the "TOTAL AMOUNT' line for this column. Enter the match budget amount on the "GRANT BUDGET AMOUNT' line for this column. Enter the total cumulative amount of this and any previous match claimed on the "LESS TOTAL CUMULATIVE PAYMENTS OF" line for this column. Deduct the "LESS TOTAL CUMULATIVE PAYMENTS OF" from the "GRANT BUDGET AMOUNT' for the amount to enter on the "REMAINING BUDGET IN GRANT' linc. "TOTAL CUMULATIVE MATCHING FUNDS" COLUMN: Enter the cumulative amount you have claimed to date for match by budget category. Put the total of all on the line titled "TOTAL AMOUNT." The final report should show the total of all claims, first claim through the final claim, etc. DO NOT ENTER ANYTHING IN THE SHADED AREAS. GRANTEE CERTIFICATION: Must have the original signature of both the Grantee's Grant Manager and the Grantee's Fiscal Agent as identified in the grant agreement. DEP Agreement No. CM236, Attachment C, Page 2 of 10 Packet Pg. 147 7.F.2.b REQUIRE➢ BACK-UP DOCUMENTATION: Exhibit I - Schedule of Invoices for Reimbursement for each deliverable. Exhibit II - Schedule of Match for each deliverable, Copies of Invoices (Not applicable to state agencies) Copies of canceled checks (Not applicable to state agencies) Copies of Travel Reimbursements if applicable FLAIR Report (State agencies only) Copies of Volunteer Logs (if applicable) NOTE: If claiming reimbursement for travel, you must include copies of receipts and a copy of the travel reimbursement form (available from staff of the Florida Coastal Management Program or use your affiliation's reimbursement form, provided it has been approved by the Florida Department of Financial Services). ** PAYMENT WILL BE BASED ON COMPLETION OF DELIVERABLES: Deliverables must be submitted and approved prior to payment ** If you have any questions please do not hesitate to contact Dornecia Allen at (850) 245-2180. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. CM236, Attaclinient C, Page 3 of 10 Packet Pg. 148 E-+ 0 F-� A a 7.F.2.b 0� O z d � � 06 x z d c� x U 0 0 U Y � A � AR o m x w 2 0 r M r O z N W 0 9 Q O t? 0 let W AO 0 AO U C7 a r Q V OQ M z d cV rn s, Fr, W F C W W Packet Pg. 149 7.F.2.b iA "A & E. +�+ O `n 'C Urn L 0U Packet Pg. 150 7.F.2.b DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA COASTAL MANAGEMENT PROGRAM INSTRUCTIONS FOR COMPLETING EXHIBIT - I SCHEDULE OF INVOICES FOR REIMBURSEMENT DEP AGREEMENT NO.: This is the number on your grant agreement that starts with CM PROJECT TITLE: Enter the Title shown on the fist page of the grant agreement. PERFORMANCE PERIOD: This is the beginning and ending date of the reporting period. DELIVERABLE NO.: Enter the number of the deliverable that you are requesting payment for. DELIVERABLE AMOUNT REQUESTED: This is the total amount of expenses from all approved budget categories for the deliverable. Salaries: Provide an itemized listing of expenditures for Salaries if applicable. Include the invoice number, invoice date, description of the goods or services purchased, vendor name, invoice amount, date of the transaction, check number/voucher number, check amount/transaction number, and amount claimed. Fringe Benefits: Provide an itemized listing of expenditures for Fringe Benefits if applicable. Include the invoice number, invoice date, description of the goods or services purchased, vendor name, invoice amount, date of the transaction, check number/voucher number, check amount/transaction number, and amount claimed. Travel: Provide an itemized listing of expenditures for Travel if applicable. Include the invoice number, invoice date, description of the goods or services purchased, vendor name, invoice amount, date of the transaction, check number/voucher number, check amount/transaction number, and amount claimed. Equipment: Provide an itemized listing of expenditures for Equipment if applicable. Include the invoice number, invoice date, description of the goods or services purchased, vendor name, invoice amount, date of the transaction, check number/voucher number, check amount/transaction number, and amount claimed. Supplies: Provide an itemized listing of expenditures for Supplies if applicable. Include the invoice number, invoice date, description of the goods or services purchased, vendor name, invoice amount, date of the transaction, check number/voucher number, check amount/transaction number, and amount claimed. Contractual Services: Provide an itemized listing of expenditures for Contractual Services if applicable. Include the invoice number, invoice date, description of the goods or services purchased, vendor name, invoice amount, date of the transaction, cheek number/voucher number, check amount/transaction number, and amount claimed. Other Expenses: Provide an itemized listing of expenditures for Other Expenses if applicable. Include the invoice number, invoice date, description of the goods or services purchased, vendor name, invoice amount, date of the transaction, check number/voucher number, check amount/transaction number, and amount claimed. Indirect Charges: Provide the amount of the indirect to be charged to this Deliverable. Provide percentage or rate used for calculation. A SCHEDULE OF INVOICES FORM IS REQUIRED FOR EACH DELIVERABLE. ** PAYMENT WILL BE BASED ON COMPLETION OF DELIVERABLES: Deliverables must be submitted and approved prior to payment ** DEP Agreement No. CM236, Attachment C, Page 6 of 10 Packet Pg. 151 I 7.F.2.b I o'< �V ks Vs z rA �z U � U 9 H A Q� U 00 z 0 z w 0� oW a� Ao wo o� �A �W 0 acket Pg. 152 7.F.2.b �s � CIS api Op W zn U� CL F Gd ci Vris OW 0 r M T- O N Ch W N C N E d d L a ,L^ V d t u 2 a a w Packet Pg. 153 7.F.2.b DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA COASTAL MANAGEMENT PROGRAM INSTRUCTIONS FOR COMPLETING EXHIBIT - II SCHEDULE OF MATCH DEP AGREEMENT NO.: This is the number on your grant agreement that starts with CM PROJECT TITLE: Enter the Title shown on the first page of the grant agreement. PERFORMANCE PERIOD: This is the beginning and ending date of the reporting period. DELIVERABLE NO.: Enter the number of the deliverable that you are requesting payment for. DELIVERABLE MATCH AMOUNT CLAIMED: This is the total amount of match expenses from all approved budget categories for the deliverable. Salaries: Provide an itemized listing of match for Salaries if applicable. Include the invoice number, invoice date, description of the goods or services purchased, vendor name, invoice amount, date of the transaction, check number/voucher number, check amount/transaction number, and amount claimed. Fringe Benefits: Provide an itemized listing of match for Fringe Benefits if applicable. Include the invoice number, invoice date, description of the goods or services purchased, vendor name, invoice amount, date of the transaction, check number/voucher number, check amount/transaction number, and amount claimed. Travel: Provide an itemized listing of match for Travel if applicable. Include the invoice number, invoice date, description of the goods or services purchased, vendor name, invoice amount, date of the transaction, check number/voucher number, check amount/transaction number, and amount claimed. Equipment; Provide an itemized listing of match for Equipment if applicable. Include the invoice number, invoice date, description of the goods or services purchased, vendor name, invoice amount, date of the transaction, check number/voucher number, check amount/transaction number, and amount claimed. Supplies: Provide an itemized listing of match for Supplies if applicable. Include the invoice number, invoice date, description of the goods or services purchased, vendor name, invoice amount, date of the transaction, check number/voucher number, check amount/transaction number, and amount claimed. Contractual Services: Provide an itemized listing of match for Contractual Services if applicable. Include the invoice number, invoice date, description of the goods or services purchased, vendor name, invoice amount, date of the transaction, check number/voucher number, check amount/transaction number, and amount claimed. Other Expenses: Provide an itemized listing of match for Other Expenses if applicable. Include the invoice number, invoice date, description of the goods or services purchased, vendor name, invoice amount, date of the transaction, check number/voucher number, check amount/transaction number, and amount claimed. A SCHEDULE OF MATCH FORM IS REQUIRED FOR EACH DELIVERABLE, ** PAYMENT WILL BE BASED ON COMPLETION OF DELIVERABLES: Deliverables must be submitted and approved prior to payment ** DEP Agreement No. CM236, Attachment C, Page 9 of 10 Packet Pg. 154 7.F.2.b DEP AGREEMENT NO. CM Project Title Grantee Name Final Project Report This report funded in part, through a grant agreement from the Florida Department of Environmental Protection, Florida Coastal Management Program, by a grant provided by the Office of Ocean and Coastal Resource Management under the Coastal Zone Management Act of 1972, as amended, National Oceanic and Atmospheric Administration Award No. The views, statements, findings, conclusions and recommendations expressed herein are those of the author{s) and do not necessarily reflect the views of the State of Florida, NOAA or any of their subagencies. Month & year DEP Agreement No. CM236, Attach inent D, Page 1 of 4 Packet Pg. 155 7.F.2.b Final Project Report for CM_ Project Title I' Avvutzvv uu iv.L%;&IIuuuIu DEP Agreement No. CM236, Attachment D, Page 2 of 4 Packet Pg. 156 7.F.2.b Outcome Further Recommendations DEP Agreement No. CM236, Attachment D, Page 3 of 4 Packet Pg. 157 7.F.2.b INSTRUCTIONS FOR COMPLETING ATTACHMENT D FINAL PROJECT REPORT FORM DEP AGREEMENT NO.: This is the number on your grant agreement that starts with CM_ _ _ GRANTEE NAME: Enter the name of the grantee's agency. PROJECT TITLE: Enter the Title shown on the first page of the grant agreement. NOAA AWARD NUMBER: Enter the NOAA award number as shown on the first page of the grant agreement. MONTH & YEAR: Enter month and year of publication. The Final Project Report must contain the following sections: Executive Summary, Methodology, Outcome and Further Recommendations. The Final Project Report must comply with the publication requirements in the Grant Agreement. Please limit final project report to no more than five pages. A draft should be submitted electronically to the Department's Grant Manager for approval. After approval by the Florida Coastal Management Program, one hard copy and an electronic copy shall be submitted to the Department's Grant Manager. Final payment will be held until receipt and approval of the Final Project Report. Questions regarding completion of the Final Project Report should be directed to Dornecia Allen at (850) 245-2161 or Dornecia.Allen e dep,s ite.D u. DEP Agreement No. CM236, Attachment D, Page 4 of 4 Packet Pg. 158 7.F.2.b ATTACHMENT E SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department'; "DEP', "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor'; Grantee" or other nanie in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection detennines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid fi•om non -Federal resources (i.e., the cost of such an audit must be paid fi•om recipient resources obtained fi•om other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at Iitt:HI2.46.245.173/efda/cf(la.htmi, DEP 55-215 (03/09) DEP Agreement No. CM236, Attachment E, Page 1 of 5 Packet Pg. 159 7.F.2.b PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes. I. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215,97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. EXHIBIT I to this Agreement indicates state financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass -through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part 11, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 21597, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act Website located at kttt is://t l) , dfs,egttVfsa. for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http:l/www_jp&sta e.fl.usL% lQgmg/h dex,affhi, State of Florida's Website at lhttp:/Iww�i,.m, fl�.com/, Department of Financial Services' Website at Irtto:lhvw.fldfy.ccrni/ and the Auditor General's Website at htt :llwww.state.fl.uslaud et . PART III: OTHER AUDIT REQUIREMENTS (NOTE; This part would be used to speck any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (I. e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 21597(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 21597, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: DEP 55-215 (03/09) DEP Agreement No. CM236, Attachment E, Page 2 of 5 Packet Pg. 160 7.F.2.b A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at httn:/111arvester,ce��sus,aov/fac/ C. Other Federal agencies and pass -through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Copies of financial reporting packages required by PART 11 of this Attachment shall be submitted by or on behalf of the recipient direct to each of the following: A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building I I I West Madison Street Tallahassee, Florida 32399-1450 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP 55-215 (03109) DEP Agreement No. CM236, Attachment E, Page 3 of 5 Packet Pg. 161 7.F.2.b 4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP 55-215 (03109) DEP Agreement No. CM236, Attachment E, Page 4 of 5 Packet Pg. 162 7.F.2.b 0 �•� ono a. U 2 0 ao 3 o � Q O Q K o V Q y � o N � � U w 0 d � Z a � � O � wQ� a N ++ CS, Y •i.y a b � O � U L W O w s° w N u b m P4 u � A � U .N 0 U eoi �i k :a w Q U � m 0 •U � 67 � 0 d 0 -0 w � U "3 O � m �wa:Z o CID 0 D �U w O1 a vi � Q o b � a v o � 0 p4 � N A di O U U o 0j) N •a 0 V a� � z d u � � � y i. R. a. 'u y U � w oj u N � � � o u aZ b m Packet Pg. 163 7.F.2.b ATTACHMENT F CERTIFICATION OF APPLICABILITY TO SINGLE AUDIT ACT REPORTING Grantee's Name: Grantee Fiscal Year Period: FROM: TO: Total State Financial Assistance Expended during Grantee's most recently completed Fiscal Year: $ Total Federal Financial Assistance Expended during Grantee's most recently completed Fiscal Year: $ CERTIFICATION STATEMENT: CERTIFICATION STATEMENT: I hereby certify that the above information is correct. Signature Print Name and Position Title DEP Agreement No. CM236, Attachment F, Page I of 3 Date Packet Pg. 164 7.F.2.b INSTRUCTIONS FOR COMPLETING THE ATTACHMENT Grantee Fiscal Year Period: FROM: Month/Year TO: Month/Year NOTE: THIS SHOULD BE THE GRANTEE'S FISCAL YEAR FROM (MONTH/YEAR) TO (MONTH/YEAR). Total State Financial Assistance Expended during Grantee's most recently completed Fiscal Year: NOTE: THIS AMOUNT SHOULD BE THE TOTAL STATE FINANCIAL ASSISTANCE EXPENDED FROM ALL STATE AGENCIES, NOT JUST DEP. Total Federal Financial Assistance Expended during Grantee's most recently completed Fiscal Year: NOTE: THIS AMOUNT SHOULD BE THE TOTAL FEDERAL FINANCIAL ASSISTANCE EXPENDED FROM ALL FEDERAL AGENCIES, NOT JUST THROUGH DEP. The Certification should be signed by your Chief Financial Officer. Please print the name and include the title and date of the- signature, REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DPP Agreement No. CM236, Attachment F, Page 2 of 3 Packet Pg. 165 7.F.2.b CERTIFICATION OF APPLICABILITY TO SINGLE AUDIT ACT REPORTING FREQUENTLY ASKED QUESTIONS 1. Question: Can I fax the form to you? Answer: Yes, you can fax the Certification form, the fax number is 850/245-2411. 2. Question: How can I submit the form if our audit is not completed by the due date of this letter? Answer: You should be able to complete the form from the information in your accounting system. This is just to let our Office of the Inspector General know which entities they should be getting an audit from. If you are under the threshold you do not have to submit a copy of your audit, only the Certification form. 3. Question: Do you only want what we received from DEP? Answer: No, the Single Audit is the TOTAL AMOUNT of funds that you expended towards all state or federal grants that you receive. You should list those that are specific to DEP on the form. 4. Question: Do I have to submit the completed form and a copy of my audit? Answer: No, you do not have to submit your audit unless you are over the threshold of $500,000. If you would prefer to submit your audit (CAFR) instead of the form, that is fine. 5. Question: Our CAFR will not be ready before your due date and we don't have the information necessary to complete the certification. Can we get an extension? Answer: Yes, just send us an Email letting us know when you will have your CAFR completed and we will place the Email with your letter in our file so that you don't get a 2" ' notice. 6. Question: Can I submit my Certification Form or CAFR electronically? Answer: Yes, you can submit them by Email to Debbie.skellon��tate .li us REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. CM236, Attachment F, Page 3 of 3 Packet Pg. 166 7.F.2.b Attachment J Photographer Release Form Florida Department of Environmental Protection Photographer: (Please Print Name) Address: City: State: Zip Code: Phone Number: (area code + number) Email: License and Indemnification I certify that I am the photographer and owner of the photograph(s) being submitted and am 18 years of age or older. I hereby grant the Florida Department of Environmental Protection the royalty -free and non-exclusive right to distribute, publish and use the photograph(s) submitted herewith ("the Work") to promote the Florida Department of Environmental Protection. Uses may include, but are not limited to promotion of the Florida Department of Environmental Protection, its publications, employees, volunteers, and properties in any way, including on the Internet, in print publications, as distributed to the media, and in commercial products. The Florida Department of Environmental Protection reserves the right to use/not use any Work as deemed appropriate by the Florida Department of Environmental Protection. No Work will be returned once submitted. I hereby acknowledge that the Florida Department of Environmental Protection shall bear no responsibility whatsoever for protecting the Work against third party infiingement of my copyright interest or other intellectual property rights or other rights I may hold in such Work, and in no way shall be responsible for any losses I may suffer as a result of any such infringement; and I hereby represent and warrant that the Work does not infringe the rights of any other individual or entity. I hereby unconditionally release, hold harmless and indemnify Florida Department of Environmental Protection, its employees, volunteers, and representatives of and from all claims, liabilities and losses arising out of or in connection with the Florida Department of Environmental Protection's use of the Work. This release and indemnification shall be binding upon me, and my heirs, executors, administrators and assigns. I have read and understand the terms of this release. Photographer Signature: Date: Photo Filename(s): Location of photo shoot: Name of Person Accepting Photographs: DEP Agreement No. CM236, Attachment J, Page l of 2 Packet Pg. 167 7.F.2.b Model Release Form: Pl►otoNideo/Audio This photo release form will be used for all State of Florida Department of Environmental Protection brochures, websites, displays, articles, magazines, programs, advertisements or events. Photo Release for Adults I, being 18 years or older, hereby consent that the videotapes, photographs and/or motion picture film in which I appear, and/or audio recordings made of my voice may be used by the Florida Department of Environmental Protection, its assigns or successors, in whatever way they desire, including television without compensation. Furthermore, I hereby consent that such photographs, films, negatives and recordings, and the plates and/or tapes from which they are made shall be their property, and they shall have the right to sell, duplicate, reproduce, and make other lawful uses of such photographs, films, recordings, places and tapes as they may desire, free and clear of any claim whatever on my part in perpetuity. IN WITNESS WHEREOF I have hereunto set my hand, in the State of Florida, this day of , 2 Location: Signature_ Name (Print) Address City State Zip. Photo Release for Minors l being Parent/Guardian of hereby consent that the videotapes, photographs and/or motion picture film for which he/she posed, and/or audio recordings made of his/her voice may be used by the Florida Department of Environmental Protection, its assigns or successors, in whatever way they desire, including television without compensation. Furthermore, I hereby consent that such photographs, films, negatives, and recordings and the plates and/or tapes or other medium from which they are made shall be their property, and they shall have the right to sell, duplicate, reproduce and make other uses of such photographs, films, recordings, plates, and tapes as they may desire free and clear of any claim whatsoever on my part or my child's part, or by anyone who may claim by or through my child in perpetuity. IN WITNESS WHEREOF I have hereunto set my hand, in the State of Florida, this day of , 2 Signature of parent or guardian Name of child (print) Name of parent or guardian (print) Address City DEP Agreement No. CM236, Attachment J, Page 2 of 2 State Zip Packet Pg. 168 7.F.2.b ATTACHMENT K Contract Provisions All contracts awarded by a recipient, including small purchases, shall contain the following provisions as applicable; 1. Equal Employment Opportunity - All contracts shall contain a provision requiring compliance with Executive Order (E.O.) 11246, "Equal Employment Opportunity," as amended by E.O. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." 2. Copeland "Anti -Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 276c) - All contracts and subgrants in excess of $2000 for construction or repair awarded by recipients and subrecipients shall include a provision for compliance with the Copeland "Anti -Kickback" Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR part 3, "Contractors and Sub -contractors on Public Building or Public Work Financed in Whole or in Pact by Loans or Grants from the United States"), The Act provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to the Federal awarding agency. 3. Davis -Bacon Act, as amended (40 U.S.C. 276a to a-7) - When required by Federal program legislation, all construction contracts awarded by the recipients and subrecipients of more than $2000 shall include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 276a to a-7) and as supplemented by Department of Labor regulations (29 CFR part 5, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction"). Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report all suspected or reported violations to the Federal awarding agency. 4. Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333) - Where applicable, all contracts awarded by recipients in excess of $2000 for construction contracts and in excess of $2500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333), as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than 1 '/2 times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 5. Rights to Inventions Made Under a Contract or Agreement - Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 6. Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.) - Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). DEP Agreement No. CM236, Attachment K, Page 1 of 4 Packet Pg. 169 7.F.2.b 7. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352) - Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated fiords to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. 8. Governmentwide Debarment and Suspension (NonProcurement) -- Recipients shall comply with the provisions of Subpart C of 2 CFR Part 1326, "Govemmentwide Debarment and Suspension (Nonprocurement)," published in the Federal Register on December 21, 2006, 71 FR 76573, which generally prohibit entities that have been debarred, suspended, or voluntarily excluded from participating in Federal nonprocurement transactions either through primary or lower tier covered transactions. 9. Section 508 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1368) and Section 1424(e) of the Safe Drinking Water Act (42 U.S.C. 300h-3(e)) - Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to Section 508 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1368) and Section 1424(e) of the Safe Drinking Water Act (42 U.S.C. 300h-3(e)). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 10. Compliance with all Federal statutes relating to nondiscrimination - These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of sex; (b) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 795), which prohibits discrimination on the basis of handicaps; (c) the Americans with Disabilities Act of 1990 (42 USC 12101 et. seq.) prohibiting discrimination on the basis of disability under programs, activities and services provided or made available by state and local governments or instrumentalities or agencies thereto, as well as public or private entities that provide public transportation, (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to non-discrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) EO 13166 (68 FR 14180) to Federal financial assistance recipients on the Title VI prohibition against national origin discrimination affecting Limited English Proficient (LEP) persons, 0) Title VII of the Civil Rights Act of 1964, 42 U.S.C. which prohibits discrimination on the basis of religion, a religious corporation, association, educational institution or society, any other nondiscrimination provisions in the specific statute(s) made; (k) Title IX of the Education Amendments of 1972 (20 USC 1681 et. seq.) prohibiting discrimination on the basis of sex under Federally assisted education programs or activities; (1) compliance with Parts II and III of EO 11246 (30 FR 12319, 1965), as amended by EO 11375 (32 FR 14303, 1967) and 12086 (43 FR 46501, 1978), require Federally assisted construction contracts to include the nondiscrimination provisions of sections 202 and 203 of that EO and Department of Labor regulations implementing EO 11246 (41 CFR 60-1.4(b), 1991), and the requirements of any other nondiscrimination statute(s) that may apply. 11. Drug Free Workplace The recipient shall comply with the provisions of the Drug -Free Workplace Act of 1988 (Public Law 100-690, Title V, Sec. 5153, as amended by Public Law 105-85, Div. A, Title Vlll, Sec. 809, as codified at 41 U.S.C. § 702) and DoC Implementing regulations published at 15 CFR Paul 29, "Governmentwide Requirements for Drug -Free Workplace (Financial Assistance)" published in the Federal Register on November 26, 2003, 68 FR 66534), which require that the recipient take steps to provide a drug - free workplace. 12. Compliance with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) that provide for fair and equitable treatment of persons displaced or whose properly is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. DEP Agreement No, CM236, Attachment K, Page 2 of 4 Packet Pg. 170 7.F.2.b 13. Compliance with the provisions of the Hatch Act (5 U.S.C. 1501--1508 and 7324 — 7328) that limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 14. Floodplain Management, EO 11988 and, Protection of Wetlands, EO 11990, May 24, 1977 Recipients must identify proposed actions in Federally defined floodplains and wetlands to enable the agency to make a determination whether there is an alternative to minimize any potential harm. 15. Compliance, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) that requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $ 10,000 or more. 16. Compliance with environmental standards which may be prescribed to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order 11514; (b) notification of violating facilities pursuant to E.O. 11738; (c) protection of wetlands pursuant to E.O. 11990; (d) evaluation of flood hazards in floodplains in accordance with E.O. 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.); (f) conformity with Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205), (i) restrictions for actions within a Coastal Barrier Island under the Coastal Barrier Island Resources Act (16 U.S.C. 3501 et seq.), 0) The Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C. 6901 et seq.) which regulates the generation, transportation, treatment and disposal of hazardous wastes, (k) The Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, and the Superfund Amendments and Reauthorization Act of 1986, and the Community Environmental Response Facilitation Act of 1992, as amended, (42 U.S.C. 9601 et seq.), and (1) The Environmental Justice in Minority Populations and Low Income Populations, EO 12898, February 11, 1994, which identifies and addresses adverse human health or environmental effects of programs, policies and activities on low income and minority populations. 17. Clean Air Act, Clean Water Act, and EO 11738 Recipients must comply with the provisions of the Clean Air Act (42 U.S.C. §§7401 et seq.), Clean Water Act (33 U.S.C. §§1251 et__ sep.), and EO 11738, and shall not use a facility on EPA's List of Violating Facilities in performing any award that is nonexempt under 40 CFR §15.5, and shall notify the Program Officer in writing if it intends to use a facility that is on the EPA List of Violating Facilities or knows that the facility has been recommended to be placed on the list. 18. Compliance with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 19. Compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), E.O. 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.). 20. Compliance with 15 CFR Part 27 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 21. Care and Use of Live Vertebrate Animals. Recipients must comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. 2131 et seq) pertaining to the acquisition, care, handling, and use in projects, and implementing regulations, 9 CFR Parts 1, 2 and 3; the Endangered Species Act (16 U.S.C. 1531 et seq); Marine Mammal Protection Act (16 U.S.C. 1361 et seq.) taking possession, transport, purchase, sale, export or import of wildlife and plants, The Nonindigenous Aquatic Nuisance Prevention and Control Act (16 U.S.C. 4701 et seq.) ensure preventive measures are taken or that probable harm of using species in minimal if there is an escape or release, and all other applicable statutes pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by Federal financial assistance. No research involving vertebrate animals is permitted under any U.S. Department of Commerce financial assistance award unless authorized by the Grants Officer. 22. CriminaI and Prohibited Activities — Recipients must comply with the Program Fraud Civil Remedies Act (31 U.S.C., §§ 3801-3812), which provides for the imposition of civil penalties against persons who make DEP Agreement No. CM236, Attachment K, Page 3 of 4 Packet Pg. 171 7.F.2.b false, fictitious, or fraudulent claims to the Federal government for money (including money representing grants, loans or other benefits). 23. Foreign Travel — Recipients shall comply with the provisions of the Fly America Act (49 USC, § 40118). The implementing regulations of the Fly America Act are found at 41 CFR§§301-10.131 through 301-10.143. 24, American Made Equipment and Products — Recipients are hereby notified that they are encouraged, to the greatest extent practicable, to purchase American -made equipment and products with funding provided under this Agreement. 25. Preservation of Open Competition and Government Neutrality Towards Government Contractors' Labor Relations on Federal and Federally Funded Construction Projects - - Recipients must comply with EO 13202, unless project is exempted under section 50 of the order, bid specifications, project agreements, or other controlling documents for construction contracts awarded under this Agreement. 26. Minority Serving Institutions (MSIs) Initiative — Pursuant to Eos 13256, 13230 and 13270, the Recipient is strongly encouraged to include meaningful participation of MSIs. Institutions eligible to be considered MSIs are listed on the Department of Education website. 27. Research Misconduct — Scientific or research misconduct refers to the fabrication, falsification, or plagiarism in proposing, performing, or reviewing research, or in reporting research results. Funds expended on an activity that is determined to be invalid or unreliable because of scientific misconduct may result in disallowance of costs for which the institution may be liable for repayment to the awarding agency. 28. Compliance with Department of Commerce Bureau of Industry and Security Export Administration Regulations — The Recipient shall comply with the Export Administration Regulations (EAR) (15 CFR 730- 774) and the International Traffic In Arms Regulations (1TAR) (22 CFR 120-130) implemented by the Department of State, respectively. This includes, but is not limited to, dual -use items, defense articles and any related assistance, services, software or technical data as defined in the EAR and ITAR. The Recipient shall include this clause in all lower tier transactions under this Agreement that may involve access to export - controlled information technology. 29. Trafficking Victim Protection Act of 2000, the following Prohibition Statement must be included in any award of these funds to a private entity. "You as the recipient, your employees, subrecipients under this Agreement, and subrecipient's employees may not engage in severe forms of trafficking in persons during the period of time that this Agreement is in effect; procure a commercial sex act during the period of time that this Agreement is in effect; or use forced labor in the performance of this Agreement or subawards under this Agreement. 30. Self -Contained Underwater Breathing Apparatus (SCUBA) — For any funds used for SCUBA diving, it is the responsibility of the Grantee to ensure that SCUBA divers are certified to a level commensurate with the type and conditions of the diving activity being undertaken. Furthermore, it is the responsibility of the Grantee to ensure that any SCUBA diving activities using the funds under this Agreement meet, at a minimum, all applicable Federal, State, and local laws and regulations pertaining to the type of SCUBA diving being undertaken. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. CM236, Attachment K, Page 4 of 4 Packet Pg. 172 7.F.2.b ATTACHMENT L REGULATIONS Formal regulations concerning administrative procedures for U.S. Department of Commerce (DOC) grants appear in Title 15 of the Code of Federal Regulations. Other DOC regulations also impact grant programs. The following list contains regulations and Office of Management and Budget Circulars which may apply to the work performed under this Agreement. Subchapter A — General 15 CFR 8 Nondiscrimination in federally assisted programs of the DOC 15 CFR 11 Uniform relocation assistance and real property acquisition for Federal and federally assisted programs 15 CFR 13 Intergovernmental review of DOC Rrograms and activities Subchapter B - Grants and Other Federal Assistance 15 CFR 14 Uniform administrative requirements for grants and agreements with institutions of higher education, hospitals and other nonprofit or ganizations 15 CFR 24 Uniform administrative requirements for grants and agreements to state and local governments. 15 CFR 28 New restrictions on lobo in 15 CFR 29 Drug -Free Workplace Act Other Federal Regulations 2 CFR 1326 Non rocurement Suspension and Debarment 48 CFR. 31 Contract Cost Principles and Procedures Office of Management and Budget Circulars A-21 (2 CFR 220) Cost Principles for Educational Institutions A-87 (2 CFR 225) Cost Principles for State, Local, and Indian Tribal Governments A-122 (2 CFR 230) Cost Principles for Non -Profit Organizations A-133 Audit of States, Local Governments and Non -Profit Organizations REMAINDER OF PAGE INTENTIONALLY LEFT BLANK ll1JP Agreement No. CM236, Attachment L, Page 1 of 1 Packet Pg. 173 7.J.1 ITEM NO. (ID # 1332) J DATE: 06/04/2013 COUNTY ` R I ID A AGENDA REQUEST *CONSENT AGENDA\PARKS, RECREATION, & FACILITIES TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Guy D. Medor, Regional Parks & Stadiums Manager SUBMITTED BY: Regional Parks & Stadiums Division SUBJECT: Award of Low Bid for Purchase and Installation of Bleachers and Press Box for the Lawnwood Baseball Fields Expansion Project BACKGROUND: On October 23, 2012, in an effort to attract NCAA Division II schools to St. Lucie County, the Board of County Commissioners approved the construction of two additional baseball fields at the John B. Parks sports complex. Also included in the project is the expansion of the bleachers with press -box at the existing baseball field (field #1), which would give it a stadium -like feel. As a result, on April 2, 2013, bid no. 13-037 was advertised (340 companies were notified, and 24 bid documents were distributed). On May 8, 2013, the County received 2 bids. The project was bid in accordance with Local Preference Ordinance No. 09-005. Under the ordinance, bids are awarded to the lowest responsive bidder. When the lowest bidder is a non -local business and a bid from a local business is within 5% of it, the local preference provision is triggered. The local business is allowed to match the price of the non -local business; thereby winning the bid. Staff is requesting the Board's approval to award the bid to the lowest responsive and responsible bidder, McTeague Construction Co Inc, a company located in Stuart Florida, in the amount of $198,027 (including permits and contingency) for the purchase and installation of bleachers and a press -box at the existing baseball field #1. PREVIOUS ACTION: October 23, 2012 - Item VI-C2 - BOCC approved the allocation of $830K to fund the project. October 10, 2012 - The TDC approved the transfer of $300K from the Backus Gallery & Museum grant to Parks, Recreation & Facilities for this project. FINANCIAL IMPACT: Sufficient funds are appropriated and available from the Parks Municipal Services Taxing Unit (MSTU) for this portion of the Lawnwood baseball fields project (account no. 129-7210- 563000-137607). The remaining balance from the total $1.13 million appropriation for the entire project will be available to fund construction of the two new baseball fields. Packet Pg. 174 7.J.1 RECOMMENDATION: Board approval to award Bid No. 13-037 to McTeague Construction Co, Inc, the lowest responsive and responsible bidder in the amount of $198,027, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: RESULT: MOVER: SECONDER: AYES' ADOPTED BY CONSENT VOTE [UNANIMOUS] Kim Johnson, District No. 5 Frannie Hutchinson, District No. 4, Vice -Chair Mowery, Hutchinson, Dzadovsky, Lewis, Johnson CONCURRENCE: aye W. Outlaw, County Administrator 6/5/2013 County Administrator, ICMA-CM Coordination/Signatures 01 �..s� -i Edward Matthews, Df ec or �� 5/23/2013 Uanio S. McIntyre, ou ty Attorney 5/23/2013 Updated: 5/28/2013 10:14 AM by Bob Bentkofsky Page 2 Packet Pg. 175 7.J.1.a BOARD OF _ PURCHASING COUNTY IFU . lop DEPARTMENT COMMISSIONERS COUNTY i TABULATION SHEET - BID #13-037 BASEBALL BLEACHERS EXPANSION AT JOHN B. PARKS COMPLEX OPENED: MAY 08, 2013 AT 3:00 PM Two (2) submittals were received for subject proposal: BLEACHERS TOTAL BID (LUMP SUM) PRESS BOX TOTAL BID (LUMP SUM) Mc TEAGUE CONSTRUCTION, CO.INC. Phone: 772-286-6100 $124,121.00 $73,906.00 Fax: 772-286-7130 CLOSE CONSTRUCTION, LLC Phone: 863-467-0831 $135, 621.00 $103,431.00 Fax: 863-763-6337 Number of companies notified*: 340 Number of bid documents distributed*: 24 Number of bids received: 2 *per demandstar.com 'm r Q Packet Pg. 176 TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: 7.J.2 ITEM NO. RES-2013- 105 DATE: 06/04/2013 AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Matt Baum, Fairwinds Golf Course Manager Fairwinds Golf Course Division *CONSENT AGENDA\PARKS, RECREATION, & FACILITIES Fairwinds Associate Membership - Elimination of Residency Requirement and Related Card Price Reduction Originally on October 11, 1992 the BOCC adopted resolution no. 92-247 which provided that St. Lucie County residents , as defined in that resolution, were entitled to purchase an Associate Membership at Fairwinds Golf Course and were thereby entitled to certain privileges like advance tee times and reduced rates. On March 11, 1999, the BOCC expanded who can purchase an Associate Membership to include owners of real property in St. Lucie County because these persons contribute to the revenue used to construct the Fairwinds Golf Course. During the 1990's when these previous residency requirements were established the game of golf was in the middle of experiencing one of golf's most dramatic growth spurts in history. There were more and more new players flooding into the county and the game of golf every day. At that same time Fairwinds was the only municipal golf course in St. Lucie County and was one of two public facilities in the north county. The other facility was Indian Hills and was not considered at the time by the golfing community to be in good condition nor the course of choice. Therefore, demand heavily outweighed supply and Fairwinds had 1000+ Associate Members. In 2004 the Associate Membership fee was raised from $50 to $75. In recent years the failing economy along with the combined effect of more supply (public golf courses in the area) and a decline in the number of residents, guests and golfers, Associate Memberships have dropped below 400 (exhibit B). Therefore, staff has calculated that if residency restrictions are eliminated we will gain more Associate Members not only from the tri-county area but also from seasonal visitors who are not residents of the county nor property owners. By reducing the Associate Membership fee, we will encourage more of these short term visitors to buy into the Associate Memberships. This investment helps build loyalty to the facility and has more potential for repeat rounds. PREVIOUS ACTION: Packet Pg. 177 7.J.2 November 1, 2011, Item No. VI-C1 BOCC approved raising the rates $1.00 and the additional change ($.00) that would bring the current rates to an even denomination with tax included. FINANCIAL IMPACT: By eliminating the residency requirement and lowering the price of the Fairwinds Associate Membership from $75 to $50 for non-residents, the number of card holders is expected to increase, thereby increasing the number of rounds played. The estimated revenue impact based on a 20% increase in card sales and addtional rounds played is $80,000. RECOMMENDATION: Staff recommends the BOCC approve the proposed resolution to eliminate the current residency requirement necessary to purchase a Fairwinds Associate Membership and reduce the rate of this card from $75 per fiscal year to $50 per fiscal year (exhibit A). COMMISSION ACTION: RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS] MOVER: Kim Johnson, District No. 5 SECONDER: Frannie Hutchinson, District No. 4, Vice -Chair AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson CONCURRENCE: County Administrator, ICMA-CM Coordination/Signatures ��.��-rt.✓' Edward Matthews, D" ec or ';� 5/2312013 )P�1144'9 ani S. McInt r 7�oOy Attorney 5 23 2013 Updated: 6/5/2013 5:09 PM by Shane A. De Witt A Page 2 Packet Pg. 178 Exhibit A 7.J.2.a Adopted 06/04/2013 RESOLUTION A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, ELIMINATING PROOF OF RESIDENCY REQUIREMENT TO OBTAIN A FAIRWINDS GOLF COURSE ASSOCIATE MEMBERSHIP AND PROVIDING AN EFFECTIVE DATE WHEREAS, on October 11, 1992, the Board of County Commissioners of St. Lucie county, Florida (the "Board") adopted Resolution No. 92-247 which provided that St. Lucie County residents, as defined in that resolution, were entitled to purchase an Associate Membership at the Fairwinds Golf Course and were thereby entitled to certain privileges; and WHEREAS, on March 11, 1999, the Board expanded who can purchase an Associate Membership to include owners of real property in St. Lucie County because these persons contribute to the revenue used to construct the Fairwinds golf Course. WHEREAS, by eliminating the residency requirement and lowering the membership rate, more golfers in our tri-county area will take advantage of the Associate Membership. As a result, the number of Associate Members should increase along with the overall rounds played at Fairwinds Golf Course. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. An Associate Membership may be purchased by any individual for an annual fee of $50.00. This membership shall entitle the individual to the following: 1. a fifteen percent (15%) discount on certain green fees as provided from time to time by the Board of County Commissioners by resolution, most recently approved by Resolution No. 11-178; 2. One year USGA Handicap service to include both the course handicap and the USGA handicap index at a reduced price of $20.00; 3. a 10% discount on golf shop merchandise; and 4. reserve tee time eight days in advance. B. This resolution shall become effective upon adoption. After motion and second, the vote on this resolution was as follows: Chairman Tod Mowery XXX Vice Chair Paula A. Lewis XXX Commissioner Chris Dzadovsky XXX Packet Pg. 179 Exhibit A 7.J.2.a Commissioner Frannie Hutchinson XXX Commissioner Kim Johnson XXX PASSED AND DULY ADOPTED this day of 2013. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Packet Pg. 180 7.J.2.b Exhibit B 2012-2013 2011-2012 2010-2011 2009-2010 2008-2009 2007-2008 2006-2007 2005-2006 2004-2005 Total Rounds 39,444 41,600 33,431 50,106 51,702 56,793 57,116 62,231 18 Hole Rounds Public 20,353 20,761 15,279 21,119 22,795 26,490 24,462 18 Hole Rounds Card 81438 8,663 7,473 11,957 13,043 15,079 22,488 9 Hole Rounds Public 3,710 4,607 3,992 7,539 7,013 7,096 6,363 9 Hole Rounds Card 688 841 987 1,624 1,771 2,328 3,999 Junior Golf Rounds 374 395 464 11035 519 684 712 Promotional Golf Rounds 1,343 1,573 1,015 2,015 2,304 1,110 Not Recorded Staff Golf 4,539 4,760 4,225 4,817 4,257 3,919 3,989 County Resident Cards 334 382 377 561 627 675 1,180 State Resident Cards 23 36 19 30 15 N/A N/A N/A Total Resident Cards 357 418 396 591 642 675 862 1,180 Total Card Revenue $27,239 $32,180 $30,142 $44,977 $48,175 $50,625 $63,350 Merchandise Sales $90,670 $101,890 $102,654 $121,705 $123,686 $116,726 $146,853 Range Revenue $61,045 $57,674 $50,340 $67,729 $63,561 $61,480 $62,841 $55,917 Green Fee Revenue $654,008 $627,402 $479,184 $707,954 $769,130 $791,352 $747,578 Cart Fee Revenue $391,699 $417,523 $332,277 $508,737 $550,674 $618,667 $560,811 Green and Cart Fee Revenue $1,045,707 $1,044,925 $811,461 $1,216,691 $1,319,804 $1,410,019 $1,308,389 Total Revenue $1,230,608 $1,236,079 $1,004,484 $1,475,216 $1,578,470 $1,664,353 $1,714,263 $1,605,294 Greens Reconstruction June 15, 2010 thru October 31, 2010 temporary greens Resident Card Prices were increased from $50 to $75 October 1, 2005 and rates received an increase for the first time in five years of 10% Recognized the number of resident cards dropping off significantly in 2006 and introduced the State Resident Card October 1, 2007 Packet Pg. 181 TO: PRESENTED BY: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS John Wiatrak, Airport Manager 7.K.1 ITEM NO. RES-2013- 102 DATE: 06/04/2013 *CONSENT AGENDA\PLANNING AND DEVELOPMENT SERVICES St. Lucie County International Airport Division Security Cameras and High Mast Lighting Project Resolution The Resolution was inadvertently left off of the previous Agenda request. PREVIOUS ACTION: On 5/21/2013 the Board accepted the FDOT JPA in the amount $112,000 FINANCIAL IMPACT: Project funding consists of an FDOT 80% match share of $112,000 and a local 20% match share of $28,000. Matching funds are available in the Airport's operating budget line item to cover the local match, funds will be coming from the Professional Services Account 140- 4210-531000-400. RECOMMENDATION: Board approval of Resolution accepting FDOT Joint Participation Agreement (JPA) in the amount of $112,000 for the Security Cameras and High Mast Lighting Project, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: RESULT: MOVER: SECONDER: AYES: ADOPTED BY CONSENT VOTE [UNANIMOUS] Kim Johnson, District No. 5 Frannie Hutchinson, District No. 4, Vice -Chair Mowery, Hutchinson, Dzadovsky, Lewis, Johnson CONCURRENCE: County Administrator, ICMA-CM Packet Pg. 182 7.K.1 Coordination/Signatures 7,v /" T M rk kftrlre, P a ning & v irecto 5/30/2013 ianiQf S. Attorney 5/31/2013 ei'M- er ifer HIII, E uuget ih ager 5/31/2013 Updated: 5/29/2013 2:14 PM by Jennifer Hill A Page 2 Packet Pg. 183 7.K.1.a Adopted 06/04/2013 RESOLUTION NO. XX-XXX A RESOLUTION ACCEPTING THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT (FIN. PROJ. NO. 433946-1-94-01) FOR THE SECURITY CAMERAS AND HIGH MAST LIGHTING PROJECT AT THE ST. LUCIE COUNTY INTERNATIONAL AIRPORT AND AUTHORIZING THE CHAIRPERSON TO EXECUTE THE AGREEMENT AND FURTHER AUTHORIZING THE COUNTY ATTORNEY TO EXECUTE THE AGREEMENT BY APPROVING IT AS TO FORM AND CORRECTNESS WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Florida Department of Transportation has awarded the County funding for the Security Cameras and High Mast Lighting Project at the St. Lucie County International Airport (Fin. Proj. No. 433946-1-94-01). 2. The Board should authorize and approve execution of the Public Transportation Joint Participation Agreement with the State of Florida Department of Public Transportation for the above -referenced project. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The Board hereby accepts and approves the Public Transportation Joint Participation Agreement with the State of Florida (Fin. Proj. No. 433946-1-94-01) to provide funding for the Security Cameras and High Mast Lighting Project at the St. Lucie County International Airport. 2. The Board hereby authorizes the Chairperson to execute the above - referenced agreement and further authorizes the County Attorney to execute the agreement by approving it as to form and correctness. a a Packet Pg. 184 7.K.1.a After motion and second, the vote on Resolution No. XX-XXX was as follows: Chairman Tod Mowery XXX Vice -Chair Frannie Hutchinson XXX Commissioner Chris Dzadovsky XXX Commissioner Paula Lewis XXX Commissioner Kim Johnson XXX PASSED AND DULY ADOPTED this day of ATTEST: BY: DEPUTY CLERK 2013. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY 2 Packet Pg. 185 7.M.1 ITEM NO. (ID # 1311) DATE: 06/04/2013 COUNTY ` 1. ' AGENDA REQUEST *CONSENT AGENDA\PUBLIC WORKS TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Michael Powley, County Engineer SUBMITTED BY: Engineering SUBJECT: Ferber Construction Management LLC BACKGROUND: Ferber Construction Management LLC, developer of Parkway Plaza, was granted a minor adjustment to a major site plan on February 14, 2012 (PDS Order 12-0102). The project is located on the north side of Winter Garden Parkway and west of the Turnpike Feeder Road (SR 713). As a condition of approval, the developer was required to construct improvements within the right-of-way of Winter Garden Parkway. The improvements constructed include sidewalks and drainage swales. The developer's engineer has submitted a certification of completion together with record drawings. The developer has executed the Maintenance Agreement. Staff has reviewed the written documentation and field verified the constructed improvements. PREVIOUS ACTION: February 13, 2012 - County Administrator approved the Road Improvement Agreement. FINANCIAL IMPACT: N/A RECOMMENDATION: Board approval of the conditional acceptance of the off -site improvements and Maintenance Agreement, release surety in the amount of $10,971, retain $1,645.45 for the one year and thirty -day maintenance period and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: RESULT: ADOPTED BY CONSENT VOTE [UNANIMOUS] MOVER: Kim Johnson, District No. 5 SECONDER: Frannie Hutchinson, District No. 4, Vice -Chair AYES: Mowery, Hutchinson, Dzadovsky, Lewis, Johnson CONCURRENCE: Packet Pg. 186 7.M.1 Fa —ye W. Outlaw, County Administrator 6/5/2013 County Administrator, ICMA-CM Coordination/Signatures TANIQ�1.1.1 - � � -�I. , ['on West, Public Works Dire :tor 3— iianiQl S. McIntyre, ou ty Attorney 5/23/2013 Updated: 5/21/2013 11:43 AM by Shane A. De Witt Page 2 Packet Pg. 187 7.M.1.a CERTIFICATION DOLLAR GENERAL AT PARKWAY PLAZA Right -of -Way Permit No. 12-004 I hereby certify that all of the required project improvements for the Dollar General at Parkway Plaza have been completed, and that 1 have inspected the construction incrementally in accordance with the requirements of "Standard Specifications for Public Works Construction, St. Lucie County, Florida." These improvements conform to the development plans and the Standard Specifications, with only minor deviations. These deviations will not result in functional or structural problems based on my evaluation and professional opinion. 0, �J i E I FIle_ Certified by: .°° 40 Patrick J. Ferland, P.E.U° `y P �'°�i� Florida Professional En lner NoNUB Ili t 71 :2 >; Date: ; "FATE OF i� C.1Bocumems and SettingsWittle\Local Settingffemp110-179.200 SLC, public works eng certification ROW 12-004_533123110-179 200 SLC, public works eng certification ROW 12-004.doc Packet Pg. 188 7.M.1.b MAINTENANCE AGREEMENT THIS AGREEMENT made and entered into this day of June 2013, by and between FERBER CONSTRUCTION MANAGEMENT LLC (the "Developer") and ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida (the "County"). WITNESSETH: WHEREAS, the Developer has completed the construction of the roadway and drainage improvements (the "Improvements") and desires to convey ownership and maintenance responsibility to the County; and WHEREAS, as a condition for the acceptance of the Improvements by the County, the Developer has agreed to post security in a form acceptable to the County Attorney in the amount of fifteen percent (15%) of the approved cost of the Improvements for a period of at least one (1) year and thirty (30) days from the date of conditional acceptance of the Improvements by the County. NOW, THEREFORE, in consideration of the agreements, premises, and covenants set forth herein and other good and valuable consideration, the parties agree as follows: 1. SECURITY. The Developer agrees to provide the County with security in a form acceptable to the County Attorney, in the amount of One thousand Six hundred and Forty five dollars and sixty five cents ($1,645.65), representing fifteen percent (15%) of the cost of the Improvements as submitted by the Developer's engineer and approved by the County Engineer and as are more particularly set forth on those certain plans for construction improvements drawn by the Developer's engineers, Culpepper & Terpening, Inc. dated November 2, 2011. This amount shall be retained for a period of one (1) year and thirty (30) days from the date of conditional acceptance as described below to provide for maintenance of the Improvements to be dedicated to the public and to indemnify and save the County harmless from any and all costs necessary to repair or replace any part or portion of the Improvements occasioned by faulty engineering, workmanship, or materials. 2. SUPERVISION OF CONSTRUCTION. The Improvements shall be constructed under the supervision of the Developer's engineer in full compliance with the specifications and requirements of St. Lucie County, and when complete, Developer's engineer shall furnish the County Engineer with a certificate of satisfactory completion for approval. Packet Pg. 189 7.M.1.b 3. CONDITIONAL ACCEPTANCE. Upon completion of the construction of the Improvements, the Developer's engineer shall certify that the Improvements have been constructed in accordance with applicable County requirements. When the improvements have been certified by the Developer's engineer, the County Engineer shall inspect the improvements and review the construction and supporting test/control data furnished by the Developer's engineer. If all required improvements are completed to the satisfaction of the County Engineer, the County Engineer shall confirm this in writing to the St. Lucie County Board of County Commissioners and recommend that the Improvements be conditionally accepted. 4. RELEASE OF SECURITY. One year from the date the Improvements are conditionally accepted by the Board of County Commissioners, the Developer shall contact the County Engineer for a joint inspection with the Developer's Engineer. If deficiencies appear, the Developer shall correct all deficiencies in an approved manner, except those damages that are not a result of design or construction deficiencies. If the required corrective action cannot be completed by the one year and 30 day expiration date, the County may so notice the Developer that the required security will not be released until all necessary corrective actions have been completed and approved by the County. When all corrections have been made, the County Engineer shall so inform the Board. The Board of County Commissioners shall then act on release of remaining development security, and final acceptance of the Improvements. 5. 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 for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding 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. (THE NEXT PAGE IS THE SIGNATURE PAGE) 2 Packet Pg. 190 7.M.1.b IN WITNESS WHEREOF, the parties have caused this agreement to be made and entered into the day and year first written. WITNESSES: BY: PRINT: TITLE: ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN Y a r APPROVED AS TO FORM AND CORRECTNESS: c a� E a� a� L COUNTY ATTORNEY c Packet Pg. 191 ITEM NO. (ID # 1316) J COUNTY ` R I ID A AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Don West, Public Works Director SUBMITTED BY: Public Works DATE: 06/04/2013 *CONSENT AGENDA\PUBLIC WORKS SUBJECT: Taylor Creek Restoration Project Phase 2, Dredging BACKGROUND: Taylor Creek/C25 Dredging Restoration Project involves the dredging of Taylor Creek from the C-25 spillway and Ft. Pierce Farms Canal No 1 to the Indian River Lagoon Intra-coastal Waterway. The total project involves the removal of approximately 200,000 cubic yards of muck sediments to restore Taylor Creek to original design depth or hard sand bottom. The accumulation of sediments over the past 40 years represents a threat to the health of the seagrasses in the Indian River Lagoon Estuary. Once the sediments are removed, Taylor Creek will function as a silt trap to accumulate silt before it is discharged to the Indian River Lagoon. In addition, the navigation channel will be restored to its full depth to benefit the public. Currently, Phase 1 of the dredging has been completed. Approximately 100,000 cubic yards of muck sediments have been dredged from the navigation channel, east of the Railroad Bridge. A new Dredge Material Management Site has been constructed at the St. Lucie County Airport. Public Works staff is ready to proceed with Phase 2 of the dredging to remove the remaining 100,000 cubic yards of muck sediments. The attached proposal includes engineering services required for Phase 2, to complete the permitting and coordination with the regulatory agencies. PREVIOUS ACTION: April 30, 2013 - Work Authorization No.3 with Dredging and Marine Consultants for Taylor Creek Restoration Project, Phase 2 Dredging in the amount of $35,060. FINANCIAL IMPACT: Sufficient funds are available in the Port Budget to cover the costs of permitting and construction of Phase 2 (account no. 140361-4315-563005-46506). RECOMMENDATION: Board Approval of Amendment No. 1 to Work Authorization No. 3 with Dredging and Marine Consultants for Taylor Creek Restoration Project, Phase 2 Dredging in the amount of $23,760. Packet Pg. 192 7.M.2 COMMISSION ACTION: RESULT: MOVER: SECONDER: AYES' ADOPTED BY CONSENT VOTE [UNANIMOUS] Kim Johnson, District No. 5 Frannie Hutchinson, District No. 4, Vice -Chair Mowery, Hutchinson, Dzadovsky, Lewis, Johnson CONCURRENCE: aye W. Outlaw, County Administrator 6/5/2013 County Administrator, ICMA-CM Coordination / Signatures ianiqWMdntyr��y Attorney 5/20/2013 Updated: 5/24/2013 2:13 PM by Bob Bentkofsky A Page 2 Packet Pg. 193 7.M.2.a Exhibit A Scope of Services Project: Taylor Creek Restoration Dredging Project, Phase 2 Dredging Client: St. Lucie County County Project Manager: Mr. Donald B. West, P.E. DMC Project Manager: Mr. Shailesh K. Patel, M.Sc., CPSSc., DMC Project Number: 13-002-19 Scope of Services Task 1: Permit Finalization and Coordination • Prepare and submit an Environmental Resource Permitting (ERP) application for the Taylor Creek Phase 2 Dredging. • Formally responded to RAI requests and furnish any additional information or materials to FDEP, SFWMD, and the Corps. / • Conduct an additional natural resource/submerged aquatic vegetation (6AV) survey of Taylor Creek as requested in the most recent ERP RAI. • Secure all necessary permits for dredging. • Coordinate with Fort Pierce Farms Water Control District (FPFWCD) to establish a protocol for testing discharge water within the adjacent drainage ditch; including testing parameters and frequencies that will satisfy the usage agreement. • Coordination with Corps on potential use of the DMMA forA1CW channel dredging. DMC agrees that any of these tasks may be reduced andlor eliminated by the County at its sole discretion by a written notice to DMC, including via email and upon DMC receipt acknowledgement. Flowerer, DMC will be compensated for any work completed up to the date of notification. Packet Pg. 194 7.M.2.a Exhibit B Budget Project: Taylor Creek Restoration Dredging Project; Phase 2 Dredging Client: St. Lucie County County Project Manager: Mr. Donald B. West, P.E. DMC Project Manager: Mr. Shailesh K. Patel, M.Sc., CPSSc. DMC Project Number: 13-002-19 Budget Task Description Cost {$) Permit Finalization and Coordination $23,760 Packet Pg. 195 7.M.2.a U 2 Packet Pg. 196 7.M.2.a .'.F CL'fC'tm :!..:rk?L riifi'n WIT NESSETH: WHEREAS, on June 22, 2010, the County entered into a Consulting Agreement (Contract No. C10-12-614) hereinafter referred to as "Contract" with the Consultant to provide continuing professional dredging engineering services; and, WHEREAS, pursuant to the Contract, the Consultant is to provide the professional services as outlined in this individual work authorization; and, WHEREAS, on April 30, 2013, the parties executed work authorization no. 03 for the project known as "Taylor Creek Restoration Dredging Project, Phase 2 Dredging"; and, WHEREAS, the parties desire to amend the work authorization to include an expanded scope of services and increase compensation. NOW, THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by each party, the parties who are legally bound, hereby agree as follows: 1. SERVICES: The County has determined that it would like to utilize the services of the Consultant in the completion of the Project, to provide professional engineering services for the Project under the pricing, terms and conditions of the continuing contract (C10-12-614). The additional services to be provided by Consultant on the Project shall be for those as outlined in the Scope of Services attached hereto as Exhibit "A" and according to the schedule attached hereto as Exhibit "C" which are attached hereto and made a part of this work authorization and incorporated herein. 2. COMPENSATION: The cost to perform all additional services as described in the attached Scope of Services shall be billed on an hourly basis, and shall not exceed a total amount of twenty-three thousand seven hundred Page 1 of 2 Packet Pg. 197 7.M.2.a sixty and 00/100 dollars ($23,760.00), as further detailed in Exhibit "B" for a total not to exceed work authorization amount of fifty-eight thousand eight hundred twenty and 00/100 dollars ($58,820.00) 3. CONTRACT DOCUMENT: Except as amended hereby, all of the original terms and conditions in the original work authorization and the Continuing Contract shall remain in full force and effect. 4. TIMEOFCOMPLETION: a. it is hereby understood and mutually agreed by and between parties hereto that the time of completion is an essential condition of this Contract, time being of the essence. b. Consultant shall commence work per the written Notice to Proceed, and shall complete all work within the time specified in the Exhibit "C". C. The period herein above specified for project completion may be extended by such time as shall be approved by the County Administrator or designee, or the Contract may be cancelled by the County Administrator with the County invoking all rights and remedies thereof. d. Where any deductions from or forfeitures of payment in connection with the work of this Contract are duly and properly imposed against the Consultant, in accordance with the terms of the Contract, State Laws, governing ordinances or regulations, the total amount thereof may be withheld from any monies due or to become due the Consultant under the Contract; and when deducted, shall be deemed and taken as payment in such amount. IN WITNESS WHEREOF, the parties hereto have executed this Addendum in multiple copies, each of which shall be considered an original on the following dates. ATTEST: DEPUTY CLERK WITNESSES: (1) (2) BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS. - COUNTY ATTORNEY DREDGING & MARINE CONSULTANTS, LLC BY: PRINT NAME: Page 2 of 2 N d R t a Y L U L 0 M W r M Packet Pg. 198 7.M.3 ITEM NO. (ID # 1333) J COUNTY ` R I ID A AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Don West, Public Works Director SUBMITTED BY: Public Works SUBJECT: Port Grant Application for Second Street BACKGROUND: DATE: 06/04/2013 *CONSENT AGENDA\PUBLIC WORKS The County Port Authority is working in partnership with the State of Florida Department of Transportation and the City of Fort Pierce to implement the Second Street Re -construction Project. The project involves total re -construction of Second Street, to include water and sewer mains, and a stormwater collection and treatment system. The project will also include landscaping and sidewalks. To date, we have completed final design plans and we have stormwater permits in hand from South Florida Water Management District. We are currently pursuing land acquisition to obtain the necessary right-of-way and pond sites for critical roadway alignment and stormwater needs. Recent discussions with the Fort Pierce Utilities Authority concerning relocation of electrical lines and power poles has resulted in a recognition that upgrades are needed for electrical and street lighting along the corridor. The increased capacity of the electrical system to handle future port development will require transformer upgrades and new power poles. Likewise, some of the overhead electrical lines will need to be installed underground. The attached cost estimate and letter of support from the Fort Pierce Utilities Authority provides a financial commitment for the required 50% matching funds that is necessary for a grant application. PREVIOUS ACTION: N/A FINANCIAL IMPACT: There is no financial impact to the County as the 50% match for the grant would be funded by the Fort Pierce Utilities Authority. RECOMMENDATION: Public Works Staff is recommending Board of County Commission approval to submit a grant application to the Florida Seaport Transportation and Economic Development (FSTED) program for Second Street Utility upgrades. Packet Pg. 199 7.M.3 COMMISSION ACTION: RESULT: MOVER: SECONDER: AYES' ADOPTED BY CONSENT VOTE [UNANIMOUS] Kim Johnson, District No. 5 Frannie Hutchinson, District No. 4, Vice -Chair Mowery, Hutchinson, Dzadovsky, Lewis, Johnson CONCURRENCE: aye W. Outlaw, County Administrator 6/5/2013 County Administrator, ICMA-CM Coordination / Signatures ianiqWMdntyr��y Attorney 5/23/2013 Updated: 5/28/2013 10:46 AM by Bob Bentkofsky Page 2 Packet Pg. 200 7.M.3.a Susan Durden From: Don West Sent: Wednesday, May 22, 2013 1:47 PM To: Susan Durden Subject: FW: North Second Street Attachments: Copy of Copy of Cost estimate 3-8-13.xis Sue, This is the cost estimate information to attach to our BOCC Agenda for Second Street. The e-mail message contains the estimate for the total utility costs, including: water, sewer, gas and electric. The attachment contains a detailed estimate for only the water and sewer. Don From: Bill Thiess [mailto:bthiess@fpua.com] Sent: Friday, March 22, 2013 3:11 PM To: Don West Cc: Javier Cisneros; Valerie Schulte; Bill Baldwin; Tim Perkins; Nina Hurtubise Subject: FW: North Second Street Don, We have some planning -level "outside" numbers for the utility work associated with the North 201 Street project, The electric and gas numbers are below ($678,000 for electric and $169,000 for gas). The preliminary cost estimate for water and wastewater is attached. On the water side, we are looking at $548,900 if we oversize the north end of the water main to 12" (the rest is already 12"). The sewer total could go as high as $800,300 if the stormwater design cannot be revised to eliminate conflicts with the 16" force main and we extend the sewer north and west to serve vacant lots. If we do not do this extension and can avoid the 16" force mail deflections, the sewer number could go down to $596,500. This is the best we can do on costs with the plans we have now. Hopefully our continued coordination with Taylor Engineering will eliminate some of the conflicts and we can bring the cost down some. We appreciate your assistance with exploring grant funding to offset this major cost impact on FPUA. If costs are anywhere near the $2.2 million maximum estimate, that will be problematic with regard to our ability to fund it within the project time frame. As we get more updated information, we will forward it to you. Bill Bill Thiess, P.E. Director of Utilities Fort Pierce Utilities Authority 206 South 6th Street Fort Pierce, FL 34950 Telephone (772) 466-1600, Ext. 3200 Fax (772) 468-2412 E-mail: bthless0?fpua.com Packet Pg. 201 7.M.3.a 206 South 6th Street (34950) PO Box 3191, Fort Pierce, FL 34948 ;' F Prone: 772.466.1600, Ext. 3200 Fax: 772.468.2412 Director of Utilities "Committed to Quality" 2 May 23, 2013 RECEIVED C Don West, P.E. County Engineer MAY 2 4 r.4i3 0 St. Lucie County a. 2300 Virginia Avenue St. Lucie County M Ft. Pierce, FL 34982 Public WOW M r Re: FDOT Grant Application for Second Street Utility Work Dear Mr. West: The utility infrastructure improvements necessary to support the full development potential at the Port of Fort Pierce are substantial in scope and cost. Based on design plans for the reconstruction of North Second Street prepared by Taylor Engineering, FPUA engineering staff has developed the following estimated costs for the utility work associated with this project: Electric relocations: $678,000 Gas main relocation: $250,000 Water main extensions, relocations, adjustments and upsizing: $432,468 Wastewater facility extensions relocations adjustments and u sizin 863 337 TOTAL $2,22-3,805 The estimate for relocation of the gas main is higher than the estimate we provided to you previously. The earlier estimate was based on relocating the gas main to newly acquired right- of-way, but we understand that option will not be available. The increase in cost will be necessary to accomplish the more difficult construction of this gas main in close proximity to or below other utilities. Estimates for other utility work have been revised to be consistent with the most recent road reconstruction plans and a build -out scenario for the port. The wastewater item includes relocation of Lift Station 8 at the southeast corner of Indian River Drive and Fisherman's Wharf, as the current location of that lift station conflicts with the new alignment for Indian River Drive. Obviously this is a very large project for FPUA with a very substantial financial impact. We do have adequate cash reserves to fund 50% of this total estimated cost and have included that in our budget for the fiscal year ending September 2014. We would greatly appreciate your '— Our mission is to provide our customers with economical, reliable and friendly service in a continuous effort to enhance the ouality of life in our community. F'.M or wvrw.fpua.Gnm Packet Pg. 202 7.M.3.a Don West, P.E. May 23, 2013 Page 2 assistance in seeking grant funding for the remaining 50% of estimated construction costs. If you need additional information for your grant application, please contact me and our staff will provide it. FPUA looks forward to working with St. Lucie County on this important project for development of the Port of Fort Pierce. Sincerely, �� William G. Thiess, P.E. Director of Utilities Vi Vi Vi.f�U y.CCfll Our mission is to provide our customers with economical, reliable and friendly service RM in a continuous effort to enhance the auality of life in our community. "-L' F5-_. 31: Packet Pg. 203 Second Street and Indian River Drive Improvements 7.M.3.b DESCRIPTION COST REASON 2nd Street from Seaway Drive to Fishermans Wharf 700 ft. 8" PVC WM Water Estimate $ 65,612.31 R&R 750 ft. 8" PVC SM Sewer Estimate $ 63,346.00 R&R Bonding 5% $ 6,447.92 Total Estimate $ 135,406.22 DESCRIPTION COST REASON SLC Indian River Dr from Seaway Dr to Fishermans Wharf * Based on the St. Lucie County storm drain location 550 ft. 16" WM Water Estimate $ 92,491.38 Conflict with Storm Drain 220 ft. 12" SM, 2-16" FM deflections, R&R relocate LS & Conflict with Relocate LS Sewer Estimate $ 298,045.84 Storm Drain $25,200 Bonding 5% $ 19,526.86 Total Estimate $ 410,064.09 DESCRIPTION COST REASON SLC * Based on existing storm design provided to 2nd Street from Fishermans Wharf to Taylor Creek FPUA at this time Water main increased to 12" 2800 ft. 12" WM (1100 ft. 6" replaced north of Fisherman's Wharf to with 12") Water Estimate $ 240,798.74 R &R and upsize to 12" for Port serve Port 1600 ft. 10" SM, 860 ft. 8" SM (700 ft. extended to north for Port), 11-16" FM deflections DESCRIPTION Fishermans Wharf from US 1 to Indian River Di 350 ft. 16" WM & 2-16" deflections, Grout 10" WM 340' 10" SM, 1- 16" deflection Water Total Sewer Total R&R and Conflict with Storm Drain ($132,000) and additional Additional gravity sewer to north Sewer Estimate $ 354,426.64 sewer north to serve Port $138,600 $28,000 included Bonding 5% $ 29,761.27 Total Estimate $ 624,986.64 COST REASON SLC Water Estimate $ 123,759.06 Storm Drain conflicts R&R and Conflict with Storm Sewer Estimate $ 46,407.28 Drain $12,600 Bonding 5% $ 8,508.32 Total Estimate $ 178,674.66 Overall Cost SLC WM Oversizing to 12" $ 548,794.57 $38,307 SLC- 16" FM Deflections & Overall Cost sewer ext. $ 800,337.05 $203,808 TOTAL W/O Oversizing-FPUA $510,487.82 TOTAL W/O FM Deflections & Sewer ext.-FPUA $596,528.65 a+ a Packet Pg. 204 COUNTY ` 1. ' A d AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Diana Waite, Senior Planner SUBMITTED BY: Planning Division 8.A.1 ITEM NO. RES-2013- 103 DATE: 06/04/2013 *PUBLIC HEARINGS SUBJECT: A Resolution granting a Major Adjustment to the Avalon Beach Planned Unit Development Site Plan BACKGROUND: This item is the request of UTG Avalon, LLC for a Major Adjustment to the site plan for the Avalon Beach PUD (Planned Unit Development) located on State Road A1A, approximately .5 miles south of the Indian River County line. The project was originally approved through Resolution 05-356 to allow 38 single family homes on 15.38 acres extending from the Atlantic Ocean to the Indian River Lagoon. On June 28, 2006, a modification to the project was approved that eliminated one single family lot and added a recreational tract for a clubhouse on the Atlantic Ocean. This adjustment would convert the project back to a 38 single family lot subdivision, without a clubhouse, and add two dune crossovers. Although the subdivision was platted in November 2006, no lots were sold and all lands within the subdivision remain under the control of the applicant. The subdivision's infrastructure was installed several years ago, but as a result of the economic downturn none of the lots were sold and final acceptance of the infrastructure did not occur until this year. The streets, stormwater management and utilities have now been approved for operation, and one oceanfront home is currently under construction. The intent of the proposed Major Adjustment is to remove the proposed clubhouse and add one single family lot on the west side of State Road A1A, resulting in 38 lots as originally approved. A pedestrian access tract would be maintained to provide ocean access to the future homes on the west side of A1A. In addition, the adjustment includes two additional dune crossovers. The proposed draft resolution includes a condition of approval requiring the Board's approval of a modification to an existing dune easement prior to issuance of a permit for more than one dune crossing. That item is expected to be considered prior to this item, on the Board's consent agenda. Staff has determined that the proposed modification to the Planned Unit Development site plan is in substantial conformity with the original approval and meets the provisions for a Major Adjustment to a PUD in Land Development Code in Section 11.02.05(F), subject to recommended conditions of approval. PREVIOUS ACTION: Packet Pg. 205 8.A.1 July 3, 2012 - Staff approved a site plan adjustment to the Avalon Beach PUD to add a fishing pier along the Indian River Lagoon. June 28, 2006 - Staff approved a site plan adjustment to the Avalon Beach PUD to eliminate one lot and add clubhouse on the Ocean. November 8, 2005 - Board adopted Resolution 05-356 approving the Ocean Estates Final PUD, now known as Avalon Beach PUD. FINANCIAL IMPACT: N/A RECOMMENDATION: Board approval of the Major Adjustment to the Avalon Beach PUD, subject to recommended conditions of approval. COMMISSION ACTION: RESULT: ADOPTED [4 TO 11 MOVER: Frannie Hutchinson, District No. 4, Vice -Chair SECONDER: Paula A. Lewis, District No. 3 AYES: Tod Mowery, Frannie Hutchinson, Paula A. Lewis, Kim Johnson NAYS: Chris Dzadovsky CONCURRENCE: County Administrator, ICMA-CM Coordination/Signatures Mirk t rl e, P a ping & D v Directo 5/23/2013 )OVAani S. McIntyre, ou ty Attorney 5/23/2013 Updated: 5/30/2013 3:07 PM by Diana Waite Page 2 Packet Pg. 206 8.A.1.a 1 2 3 4 6i 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 Adopted 06/04/2013 DRAFT RESOLUTION FILE NO.: SPMJ 420124419 A RESOLUTION GRANTING A MAJOR ADJUSTMENT TO THE AVALON BEACH PLANNED UNIT DEVELOPMENT 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. UTG Avalon Beach, LLC, presented a petition for a Major Adjustment to an existing Planned Unit Development (PUD) Site Plan known as Avalon Beach PUD to modify a recreation tract, add one single family lot and add two dune crossovers on the oceanfront portion of the project, located on North Hutchinson Island, between north and south Avalon State Park, approximately .5 miles south of the Indian River County line, as described in Section B. 2. On November 8, 2005, this Board adopted Resolution 95-356, granting Final Planned Unit Development Site Plan approval and a change in zoning to PUD (Planned Unit Development Ocean Estates) for a 38 lot ocean to river single family residential subdivision. 3. On November 14, 2006, this Board approved the final plat for Avalon Beach PUD, FKA Ocean Estates PUD. 4. On June 4, 2013, this Board held a public hearing on this petition for which public notice was published in the St. Lucie News Tribune, a sign was erected on the property, and a notice was mailed to all property owners within 500 feet at least 10 days prior to the hearing. 5. Pursuant to Land Development Code Section 11.02.05(F), this Board has determined that approving the proposed Major Adjustment to the Final PUD Site Plan is in substantial conformity with the original approval and meets the standards of review, subject to the conditions set forth in Part A of this Resolution. 6. The proposed project is consistent with the general purpose, goals, objectives and standards of the St. Lucie County Land Development Code, the St. Lucie County Comprehensive Plan and the Code of Ordinances of St. Lucie County. 7. The proposed project will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety and general welfare. 8. The Certificate of Capacity, issued on November 9, 2005, remains valid and SPMJ 420124419 June 4, 2013 Resolution Page 1 Packet Pg. 207 8.A.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 demonstrates compliance with the requirements under Chapter V, St. Lucie County Land Development Code. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 11.02.05 of the St. Lucie County Land Development Code, the Avalon Beach PUD Site Plan is hereby approved as depicted on the site plan drawings for the project prepared by Schulke, Bittle & Stoddard, LLC, dated May 19, 2011, last revised on April 1, 2013, and date stamped received by the Planning and Development Services Department on April 17, 2013, for the property described in Section B, subject to the following conditions: 1. All terms and conditions of Resolution No. 05-356 granting Final Planned Unit Development Site Plan approval shall continue to remain in full force and affect unless amended pursuant to the Land Development Code. 2. The County's issuance of development approval does not constitute compliance with any federal and state requirements. Applicable, federal and state approvals/permits are required prior to the commencement of any development activity (i.e. clearing, grading, removing structures, etc.). The responsibility for contacting federal and state agencies, procuring permits/approvals and compliance with applicable laws are the sole responsibility of the applicant. 3. Per Florida Statute 125.022, the issuance of development approval does not create any liability on the part of the county if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. 4. Copies of all applicable state or federal permits/written approvals are required by the County prior to issuance of a Vegetation Removal Permit and any development activity. 5. All Category I Invasive Exotic vegetation shall be removed from within the project boundary. The applicant shall replant any bare areas created by the removal of exotic vegetation from the dune with native sea oats, subject to approval by the Florida Department of Environmental Protection [7.09.05]. 6. The applicant shall fence off the rear of all lots with rope and bollards (or another appropriate fence material) in order to prevent any impacts to the dune preservation zone [6.02.01]. 7. All beachfront lighting shall meet the standards and guidelines set forth in the Sea Turtle Protection Plan [6.04.02]. SPMJ 420124419 June 4, 2013 Resolution Page 2 Packet Pg. 208 8.A.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 50 51 8. The subject property is in an archaeological zone and contains documented archaeological sites within the designated preserve area on the site plan. As such, no further excavation activity is permitted in the designated archaeological areas. Prior to any vegetation removal or site disturbance in this area, a Certificate to Dig per Section 4.11.13 of the County's Land Development Code is required to ensure proper protection of archaeological resources. B. The property on which this Major Adjustment is being approval is being granted is described as follows: PARCEL 1 BEGINNING AT THE INTERSECTION OF THE SOUTH BOUNDARY OF GOVERNMENT LOT 4, SECTION 3, TOWNSHIP 34 SOUTH, RANGE 40 EAST, AND THE EAST BOUNDARY OF THE PRESENT COUNTY ROAD RIGHT-OF-WAY, THENCE, NORTHWESTERLY ALONG SAID RIGHT-OF-WAY 100 FEET AND THENCE EAST, PARALLEL WITH THE SOUTH BOUNDARY OF SAID LOT 4, 390 FEET MORE OR LESS TO THE ATLANTIC OCEAN; THENCE, RUN SOUTHERLY MEANDERING THE OCEAN SHORELINE TO THE SOUTH BOUNDARY OF SAID LOT 4; THENCE, WEST ALONG SAID SOUTH BOUNDARY 389 FEET MORE OR LESS TO THE POINT OF BEGINNING, SAID LANDS LYING AND SITUATED IN ST. LUCIE COUNTY, FLORIDA. PARCEL 2 THE SOUTH 300 FEET OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 3, TOWNSHIP 34 SOUTH, RANGE 40 EAST AND THE SOUTH 300 FEET OF GOVERNMENT LOT 4, SECTION 3, TOWNSHIP 34 SOUTH, RANGE 40 EAST, LESS AND EXCEPT THE 100 FOOT ROAD RIGHT-OF-WAY FOR A-1-A, AND LESS AND EXCEPT THE FOLLOWING DESCRIBED TRACT: BEGINNING TO THE INTERSECTION OF THE SOUTH BOUNDARY OF GOVERNMENT LOT 4, SECTION 3 TOWNSHIP 34 SOUTH, RANGE 40 EAST, AND THE EAST BOUNDARY OF THE PRESENT COUNTY ROAD RIGHT-OF-WAY, THENCE NORTHWESTERLY ALONG SAID RIGHT-OF-WAY 100 FEET AND RUN THENCE EAST, PARALLEL WITH THE SOUTH BOUNDARY OF SAID LOT 4, 390 FEET MORE OR LESS TO THE ATLANTIC OCEAN; THENCE, RUN SOUTHERLY MEANDERING THE OCEAN SHORELINE TO THE SOUTH BOUNDARY OF SAID LOT 4; THENCE, WEST ALONG SAID SOUTH BOUNDARY 389 FEET MORE OR LESS TO THE POINT OF BEGINNING; BEING THE TRACT DEED TO HARRY ZAHRLY AND HIS WIFE, ANNA ZAHRLY ON NOVEMBER 2, 1946, AS PER DEED RECORDED IN DEED BOOK 129, PAGE 147, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. Location: West and east sides of State Road A1A, adjacent to the Avalon State Park and approximately .5 miles south of the Indian River County line. C. The Development Plan adjustment granted under this Resolution is specifically conditioned to the requirement that the petitioner, UTG Avalon, LLC, including any successors in interest, shall obtain all necessary development permits and construction authorizations from the appropriate State and Federal regulatory authorities, including but not limited to: the United States Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District, prior to the issuance of any local building permits of authorizations to commence development activities on the property described in Part B. D. The Certificate of Capacity granted on November 9, 2005, shall remain valid for the period of Development Plan approval. Should the Development Plan approval granted by this resolution expire or an extension be sought pursuant to Section 11.07.05(F) of the St. Lucie SPMJ 420124419 June 4, 2013 Resolution Page 3 Packet Pg. 209 8.A.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 County Land Development Code, a new certificate of capacity shall be required. E. A copy of this resolution shall be attached to the site plan drawings described in Section A, which plan shall be placed on file with the Planning and Development Services Director. After motion and second, the vote on this resolution was as follows: Chairman Tod Mowery XXX Vice -Chair Frannie Hutchinson XXX Commissioner Paula Lewis XXX Commissioner Chris Dzadovsky XXX Commissioner Kim Johnson XXX PASSED AND DULY ADOPTED this 4th Day of June, 2013. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA AW Chairman ATTEST: APPROVED AS TO FORM AND CORRECTNESS: DEPUTY CLERK SPMJ 420124419 June 4, 2013 COUNTY ATTORNEY Resolution Page 4 Packet Pg. 210 JOSEPH W. SCHULKE, P.E. JODAH B. BITTLE, P.E. WILLIAM P. STODDARD, Ph.D., P.E. March 30, 2012 8.A.1.b SCHULKE, BITTLE & STODDARD, L.L.C. CIVIL & STRUCTURAL ENGINEERING • LAND PLANNING • ENVIRONMENTAL PERMITTING Mark Satterlee, AICP, Director St. Lucie County Planning & Development 2300 Virginia Avenue Ft. Pierce, Florida 34982 Re: Avalon Beach PUD (FKA Ocean Estates) Dear Mr. Satterlee: Enclosed please find a Major Adjustment to PUD application to re -plat the eastern beachfront lots (Tract A and Lots 1-5) to six (6) 50'± wide oceanfront lots and a 12' beach access tract at the north property line bf existing Lot 3, and other pertinent dOOLImentS. It is our understanding that the PUD was initially approved on :)ctober 19, 2004 and subsequently a modification to the approved PUD (Modification no. 1) was obtained in 2006. In 2008 a second modification was submitted but it was never pL,Isued and was administratively withdrawn. The modification proposed herein (new Modification No. 2), the original PUD approval, and approved "Modification No. 1" are summarized as follows: r Original Modification No. 1 No Change (NC) Modification No. 2 15.83 _ PUD/HIRD Site Area 15.83 1 Existing Zoning PUD NC Proposed Zoning Minimum Bldg Height Den�Calculations PUD 35' NC NC PUD NC Max Lots Allowed 79 NC - NC 38_ Proposed Lots 38 37 Lots West Al 32 32 NC _ Lots East Al A 6 _ 5 6 Density 2.4 2.3 2.4 NC --- --� NIA Open Space 10.78 (68.1 %) 10.77 (68%) Clubhouse NA 1 - eaz l A!A NC- No change Please be advised, a significant change is the recreation ameni ies proposed. The original PUD approvai in 2004 DID NOT include a clubhouse tract on the ocean. This was changed with the approval of the first modification of the PUD in 2006, when an :ocean front lot was removed and a clubhouse tract was added. Subsequently, the subdivision vras constructed, and the ocean front clubhouse tract was partially constructed and then abandoned. With this application to modify the PUD, we are proposing to remove the ocean front recreation tract, and re -plat this as a single family residential lot with a 12' beach access tract. Consequently, this change will result 1717 INDIAN RIVER BLVD., SUITE 201, VERO BEACH, FLORIDA32960 TEL 772 / 770-9622 FAx 772 / 770-9496 EMAIL info@sbsengineers.com Packet Pg. 211 Page 2 of 2 8.A.1.b in a plan that is identical to the original approval in 2004. However, recognizing that an ocean front recreation tract with a clubhouse is no longer proposed, the developer has added other recreation opportunities for the property owners including a gazebo, a fishing pier on the Indian River lagoon, and pedestrian paths (sidewalks) to a 12' beach access tract, which will allow residents access to the ocean. Upon your review, if you should require additional information please do not hesitate to contact me. Sil W Enclos P.E. cc: William Cooley Lee Dobbins J:\11-069 UTG Avalon LLC - Avalon Beach Subdivision\Documents\Letters & Faxes\03-29-2012 M. Satterlee St. Lucie Co. Development submittal.docx Packet Pg. 212 8.A.1.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.orgf lannin,g/plannin_q.htm DEVELOPMENT APPLICATION Prior to submittal, all applications require a pre -application conference. Please contact the Planning Division to schedule an appointment. Submittal Type (check each that aoolies Site Plan Rezoning Major Site Plan ❑ Rezoning (straight rezoning) Minor Site Plan ❑ Rezoning (includes PUD/PNRD/PMUD) Major Adjustment to Major Site Plan ❑ Rezoning with Plan Amendment El 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 G Minor Adjustment to Minor Site Plan ❑ Minor Adjustment to PUDIPNRDIPMUD Planned Development ❑ Planned Town or Village (PTV) ❑ Planned Country Subdivision (PCS) Ej Planned Retail Workplace (PRW) ❑ Prelim. Planned Unit Develop. (PUD) ❑ Prelim. Planned Mixed Use Develop. (PMUD) ❑ Prelim. Planned Non -Res. Develop. (PNRD) 171 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 u Minor Adjustment to a Conditional Use Variance Z Administrative Variance ❑ Variance Variance to Coastal Setback Line Other ❑ Administrative Relief ❑ Class A Mobile Home s Developer Agreement (Submit per LDC 11.08.03) Power Generation Plants ❑ Extension to Development Order ❑ Historical Designation/Change 6 ❑ Land Development Code Text Amendment 7 ❑ Plat Li Post Development Order Change ❑ Re -Submittal # ❑ Shoreline Variance 71 Stewardships - Send inglReceiving ❑ Telecom Tower (Submit per LDC 7.10.23) ❑ Transfer of Development Rights Waiver to LDC/Comp. Plan Requirements 9 ❑ Appeal of Decision by Administrative Official10 Application Supplement Packages 1. Conditional Use 5. Class A Mobile Home 9. Waiver to LDC/Comp. Plan 2. Variance 6. Historical DesignationlChang e Requirements 3, Rezoning 1 Zoning Atlas Amend. 7. LDC Text Amendment 10. Appeal of Decision by 4. Comp. Plan Amendments 8. Re- Submittal Administrative Official 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 June 21, 2010 Packet Pg. 213 8.A.1.c FEE CALCULATION WORKSHEET , SITE DEVELOPMENT PLANS - Planning Division Application Type: Major Adjustment to PUD Supplemental Application Package No.: (Please provide separate fee calculation worksheet for each application type) ❑ BASE REVIEW FEE: ❑ CONCURRENCYFEE: ❑ ERD REVIEW FEE: ❑ UTILITIES ❑ PER ACREAGE CHARGE: ❑ RESUBMITTAL FEE: (if applicable) ❑ OTHER SUBTOTAL OF BASIC FEES: $ _.N_/A (B)ql $ 100.00 (C) $ 50.00 $ (D) $ (E) A 5,550 �b k� $ 2, 159--00_ ❑ PRE -APPLICATION MEETING FEE: (F) $( } deduction Receipt No. of Payment: Date of Pre App: BALANCE OF FEES DUE: $ SEPARATE CHECK FOR TRAFFIC IMPACT STUDY - Ordinance No. 06-047, amending Chapter 5.11.01 of the St. Lucie County Land Development Code N/A ❑ $950.00 -Methodology Meeting (H) (If Applicable) • Additional fees will be due if a 3`d party traffic study review is needed. These services will be invoiced to applicant upon receipt of quote of services from 3rd party. • Please note: For all projects requiring public notice, you will be invoiced by St. Lucie County Planning Division. Refer to "Public Procedures". • Other fees may be applicable by other external reviewing agencies; . Fire District and proof of payment will be required prior to project approval. Pre -Application Meeting uest -- 11 William Cooley _ Applicant Name (Printed) Signature ofapplicant (For office use only) I K E RE 1 ER - SIGNATURE VERIFIED BY - SIGNATURE File Number: Page 2 of 6 Revised August 11, 2011 t-,,a I 4 c.:_ DATE z DATE Receipt Number: V E Packet Pg. 214 8.A.1.c Submittal Requirements The following checklist is provided as a reminder. Please see applicable code sections for more detailed submittal requirements. All Submittals MUST be in complete folded and collated sets. All applications must include the following: © Application, completed in black ink, with property owner signature(s) and notary seal (1 original and 11 copies) © Aerial Photograph — property outlined (available from Property Appraiser's office © Property Deed © Legal description, in MS Word format, of subject property ® Property Tax Map — property outlined (electronic copy not required) Survey © 2 CDs of all documents submitted - with files named according to the Required Naming List. (attached) N/A ❑ Concurrency Deferral Affidavit; or N/A ❑ Description and analysis of the impact of the development on public facilities in accordance with the methodologies acceptable to the County (LDC Section 5.08.02). This will require a Transportation Assessment or a full Traffic Impact Report, if applicable. Site Plan and Planned Development Applications must also include: ® Site Plan 24"x36" at a scale of 1 "=50' (12 copies- folded, not rolled) ® Boundary Survey — Signed and Sealed (12 originals) N/A ❑ Topographic Survey —Signed and Sealed (12 originals) -existing constructed subdivision N/A ❑ Landscape Plan — Signed and Sealed (12 originals) Traffic Impact Report (TIR) (4 copies) if: o 50+ residential units 0 Development on N. or S. Hutchinson Island -Waiver requested -only 1 new lot o Non-residential (see LDC Section 11.02.09(4)) ® Environmental Impact Report (4 copies) if: (See LDC Section 11.02.09(5)) o The property is ten acres or greater o The property, regardless of size, contains a wetland; o The property is identified on the "Native Habitat Inventory for SLC"; 6 The proposed development is located in whole, or part, within the One Hundred Year Flood Plain,- 0 Development on N. or S. Hutchinson Island Waiver requested- re -plat of developed subdivision Development Order Extension Applications only require the following: N/A❑ Letter of justification — submitted at least 2 weeks prior to expiration. (LDC 11.02.06) N/A❑ Updated Traffic Analysis if applicable (4 copies) N/A❑ Approved Resolution or GM Order 'Please note: Only a surveyor, attorney, or title agent is authorized to provide a legal description. The legal description provided on the property appraiser's website is not valid for our purposes. The legal description you provide us will be used in all future documentation. If it is incorrect, it will invalidate the results of any hearing(s). Page 3 of 6 Revised August 11, 2011 c a� E 0 Q 0 0 a m m c 0 a M 0 M 0 N U) w W E L 0 U_ c 0 r .Q Q. Q c m E r a Packet Pg. 215 8.A.1.c Proiect Information Project Name: Avalon Beach PUD Site address: Avalon PUD, SR AlA, Ft. Pierce L tl 1U INUfTIUeFt5): :1A03-500-0012-000-2 Lot 2:1403-500-0013-000--9 Lot 3:1403-500-0014-000-6 :1403-500-0015-000-3 Lot 5:1403-500-0016-000-0 Tract A- 14n71-1;00-nn1 1-nnn-,� Legal Description: (Attach additional sheets if necessary — also must be provided in MS Word format on CD) LOTS 1-5 (Black 1) and Tract~ A (Block 1) of Avalon Beach P.U.D. as recorded in Plat Book 55, Pages 19-21, in the official records of St. Lucie County, Florida. Property location — Section/Township/Range: 3 - 3 4 S - 4 OE Property size — acres:2 • 7 4 Square footage: N/A Future Land Use Designation: RU Zoning District: PUD Description of project: (Attach additional sheets if necessary) Re -Plat all lands lying east of S.R. A-1-A, including lots 1 thru 5 and Tract A, to six (6) 50' wide oceanfront lots and a 12' beach access tract at the north property line of existing Lot 3. 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 5 ® Other Please specify: 12, access tract Number and size of out parcels (if applicable): N/A Page 4 of 6 Revised August 11, 2011 Proposed: Proposed: Proposed: Proposed: 6 Packet Pg. 216 8.A.1.c 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 APRHcant Information (Property Develo er : Business Name:UTG Avalon, LLC Name: William Cooley Address:8 Windsor Court Falco Beach, FL 33480 (Please use an address that can accept overnight packages) Phone: (561) 758-8787 Fax: Email:coo13003@bel!south.net Agent Information: Business Name: Schulke Hittle & Stoddard, Name -,Joseph W. Schulke, P.F. Address: 1717 Indian River Blvd, Su=te 201 Vero Beach, FL 32960 (Please use an address that can accept overnight packages) Phone: 772-770-9622 Fax: 772-770-9496 Email:Jschulke@sbsengineers.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 o behalf of said property owner. UTG Avalon, LLC Prop Owner ure Property Owner Name (Punted) Mailing Address: 8 Win Court Phone: (561) 758-8767 Palm Beach, FL 33480 If more than one owner, please submit additional pages STATE OF — ,COUNTY OF-nGF C1 ��~ The foregoing instrument was acknowledged before me this day of 1hK C Vl , 20 by { IG yvi who is personally known to me or who has produced as identification. 4 P [JI f]f [to r Sign u of Notary Type or Print Name of Notary Commission Number (Seal) � � * IIdY COMMISSION s EE a53495 EXPIRES: rebruary 3, 2015 �19�OF Page 5 of 6 F1-Cr` QP w�aucv 5! 8,J* way S.L, Revised August 11, 2011 E Q Packet Pg. 217 8.A.1.c Required Document Narn i nq List * All electronically submitted documents must be formatted and named according to the list below. If your submittal includes a document not on the list, the document name shall clearly reflect the content of the submitted document. Document Document Format Required Name on CD Aerial Photograph PDF Aerial. df Application PDF Application.pdf Approval Order PDF ApprovalOrder.pdf Architectural Elevations PDF ArchElev. df IBoundaryI Topographic Survey PDF BoundaryTopo.pdf IDraina e 1 Stormwater Plan I PDF Draina ePln. d# Easements PDF Easements. df Environmental Impact Report PDF or Word EIR. df or EIR.doc Existing Condition Plan PDF Existin Cond. df Flood Plain PDF or Word Flood. df or Flood. Doc Landscape Plan PDF Landsca e. df Description Word Le al.doc -Legal Plan PDF Li htin df -Lighting Plan PDF Miti ation. df -Mitigation Mobile Home Plans PDF or Word MobileHome. df or MobileHome.doc Plan PDF Pavin df -Paving Permit External PDF Permit. df Plat PDF Plat. df or Plat.doc Property Deed PDF Deed. df Site Plan PDF SitePlan. df 'Traffic Impact Report PDF or Word TIR. df or TIR.doc Tree Survey PDF Tree. df Turtle Protection PDF or Word Turtle. df or Turtle.doc Utilfity Plan PDF Utiliity.pdf Vegetation Removal Application PDF Ve etation. df M O M r 0 N U) w w E `0 U- c 0 r 0 .Q Q. a r c as E 0 r a Page 6 of 6 Revised August 11, 2011 Packet Pg. 218 8.A.1.c Legal Description LOTS 1-5 (Block 1) and Tract A (Block 1) of Avalon Beach P.U.D. as recorded in Plat Book 55, Pages 19-21, in the official records of St. Lucie County, Florida. E Q Packet Pg. 219 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY FILE # 3590001 OR BOOK 3292 PAGE 247, Recorded 05/10/2011 at 09:45 AM Doc Tax: $0.70 �CPOVIA BANK, S CIATION, VS. AVALON ON THE BEACH HOLDINGS, LLC, a Florida limited liability company; et al., Defendants. ion d. JO IN CIRCUIT COURT, NINETEENTH JUDICIAL CIRCUIT, IN AND FOR ST. LUCIE COUNTY, FLORIDA. SE NO. 9 A 002 98 SI NED ;)-:J dge ug CERTIFICATE OF TITLE a a rtmcate�t NaFe i nis non on',-� ob'ections to the sale ave een filed wi The following pro e in St. Lucie See,Ex�ibi "A ttache-&'] was soldlo-VTG''AVALON, LLB; h6se po 328, Stanford, Kentucky, 40484. WITNESS my hand and the seal of this Court on the Q-xk day of 2011. JOSEPH E. SMITH CLERK OF CIRCUIT COURT (Court Seal) �6 ° ;`; • .. w By. As De ty Clerk a� E 0 a `0 0 a a� m 0 a' M 0 M r 0 N U) W E L 0 U- C 0 r 0 .Q a a a� U Q Packet Pg. 220 OR BOOK 3292 PAGE 248 8.A.1.c Exhibit "A" PARCEL 1: Beginning at the Intersection of the South boundary of Government Lot 4,.Section 3, Township 34 South, Range 40 East and the East boundary of present County Road right-of-way and run thence Northwesterly along said right-of-way, 100 feet and run thence East, parallel with the South boundary of said Lot 4, 390 feet, more or less to the Atlantic Ocean; thence run Southerly meandering the Ocean shoreline, to the South bound of said thence est aloe aid Sou oun aryt, ore less, int of Beginnin . Sal lying and a . Lu Cou Flo7)7 PARCEL The SoO 300 feet of the South ast /4 of the N h est 1/ of , Township 34 ou h, Range 40 East AND a South 300 f f G ve ent Lo , S ctlon 3 To nship 34 South, Range 40 ast, LESS AND EXCE the ro rig -of-w r Ai and A PT the folio des tract: Beginning at the Intersection of the South boundary of Government Lot 4 in Section 3, Township 34 South, Range 40 East and the East boundary of the present County Road right-of-way and thence Northwesterly along said right-of-way, 100 feet; thence run East parallel with the South boundary of said Lot 4,' 390 feet, more or less, to the Atlantic Ocean; thence run Southeasterly, meandering the Ocean shoreline to the South boundary of said Lot 4; thence West along said South boundary, 389 feet, more or less, to the Point of Beginning; being the tract deeded to Harry Zahrly and his wife, Anna Zahrly on November 2, 1946 as per deed recorded In Deed Book 129, Page 147, of the Public Records of St. Lucie County, Florida. All lying and being In St. Lucie County, Florida. NOW KNOWN AS: ALL OF AV ON P.U. ., a rdin e P the f as recorded in la7Hig'wa 19,0 Public R rds f St. Luc Co nty, Flo da. PARCEL 3: The Sout 10 feet of the North ,02 feet of Gov rn ent Lo 4, of Fl Section 3, ow hip 34 SoytttV Ra ge East, S . Lu a Coun , orida. Packet Pg. 221 OR BOOK 3292 PAGE 249 Wachovia Bank, National Association v. Avalon on the Beach Holdings, LLC, et al. In the Circuit Court of the Nineteenth Judicial Circuit in and for St. Lucie County, Florida Case No. 56 2009 CA 002298 SERVICE LIST Jose G. Sepulveda, Esq. Stearns aver eissler Alh eff on, P A. Sui 2 0, Muse To er 15 W st Flagler Stree Mi , FL 33130 Tel ph ne: 305-789-3200 Fac 'mi - 305-789- Attor s for aintiff ach 'a Ban / H. Jeffrey Cutler, Esq. De La Cruz & Cutler, LLP Two Alhambra Plaza Penthouse 2-C Coral Gables, FL 33134 Telephone: 3 05-446-0100 Facsimile: 305-445-7750 Attorneys for Avalon on the Beach Holdings, LLC and Gary O. Shear Michael J e sq. Fox, ackee Dungey, Bear , et al. The ow r at Will gh y C ns 347 S Willoughb ul ar P. . D awer 6 S L 34995-0006 Tel ho e: 772-287- 4 Facs' le: -148 Inc. Christopher P. Schlitt, President Triple C & T Investments, Inc. d/b/a Reliable Poly John P.O. Box 5375 Vero Beach, FL 32961 Telephone: 772-562-4604 Facsimile: 772-569-8901 pro se - Triple C & T Investments, Inc. d/b/a Reliable Poly John c a� E 0 �a a L 0 0 a 0 a� m c 0 a' Cl) 0 M T 0 N w E `0 U- 0 M 0. Q. a c 0 E U 0 a Packet Pg. 222 OR BOOK 3292 PAGE 250 Robert J. Elder, III, Esq. Crary, Buchanan, Bowdish, Bovie, Beres, Elder & Williamson, Chartered 555 Colorado Avenue P.O. Drawer 24 Stuart, F - Telep one: 772- 87-26 0 :'772-287-9 11 for Superior L. Allen, Esq & Allen, P & oor, Inc. 201 Nli�ami 201 S. Bi vard Miami, FL 33131 Telephone: 305-3 71-2223 Facsimile: 305-373-2073 rallenQsalawmiami.com Attorneys for Richard & Rice Construction Co., Inc. Roy T. Mildner, Esq. Blake, Mildner & Ohle, P.A. 423 Delaware Avenue Fort Pierce_ FT 2d950 s for Albert4kbl r H sting & K. Spotts, Esq. kw Offices inQ� In, 300 =�� Suite Stuart, FL 34994 Telephone: 772-781-7878 mkspotts@bellsouth.net Attorneys for Gateway Building and Design Corp. Case No. 56 2009 CA 002298 (D E r ch 3 .a Q 0 R 0 a a s m c o CU > r Q M 0 M � s o N v) w E L o r a a k E M r Packet Pg. 223 OR BOOK 3292 PAGE 251 Andrew A. Pineiro, Esq. Pineiro Byrd PLLC 4600 Military Trail Suite 212 Jupiter, FL 33458 Telephone, -9 8 Facs' e: 561-799-928' Alto evo-or—R-in-ker M, Jo Y din, Esq. Jo e . Foster, Esq. Gu Yu ' & Foster, 55 E t Oc var Stuart, 4994 Telephone: 772-28 6-73 72 Facsimile: 772-220-3 318 Attorneys for Houston Cuozzo Group, Inc. Bruce E. Loren, Esq. Bruce E. Loren & Associates 2000 Palm Beach Lakes Boulevard Suite 501 West Palm Beach, FL 33409 Telephone: 561-615-5701 Facsim' - 561-615- 0 E. cottGolden, Esq. Ro ert Morris, Esq. Gol en LaNeve 644 uth t FV33 AVnue Fort La erdale,1 Telephone: - Facsimile: 954-764-6789 Attorneys far Allied Trucking of Palm Beach, L. C. Case No. 56 2009 CA 002298 (D i E �a Q L 0 CU 0 a E 1 c o Q o M o N U) LU E o a_ o r (� F V a E M a Packet Pg. 224 OR BOOK 3292 PAGE 252 Aaron V. Johnson, Esq. Collins, Brown, Caldwell, Barkett & Garavaglia, Chtd. 756 Beachland Boulevard Vero Beach, FL 32963 Telephone: - 31-4343 Facs:772-234-521 ' e Lo e Berkeley, Esq. D 'el Kashtan, Do s, Rob so ey 3300 ce de Leon ulevar Coral Gables, FL 33134 Telephone: 305-448-7988 Facsimile: 3 05-448-7978 Attorneys for Bell's Appliances, Inc. Elisabeth D. Kozlow, Esq. Nicholas D. Siegfried, Esq. Siegfried, Rivera, Lerner, De La Torre & Sobel, P.A. 201 Alhambra Circle, Suite 1102 Coral G es. FL :305-443- 29 for Stock Buildi g S pply of Flog k Building Suppl of lorida, Inc. 7ber Company 132823.1 1 Case No. 56 2009 CA 002298 aD E 3 �a Q L 0 CU 0 a a� m c 0 CU Q M 0 A 0 N N W W E L 0 U- 0 ci .Q Q a E M r r a Packet Pg. 225 www.sulloiz.org - taepartment of Ntate Page 8.A.1.c Home Contact Us E-Filing Services Document Searches Forms Help Previous on List Next on List Return To List ...... No Events No Name History Entity Name Search Detail by Entity Name Florida Limited Liabiii Com an UTG AVALON, LLC Ft_ln� information E Document Number L11GDO040798 N � FEVEIN Number NONE Q Date`Eiled 04/05/2011 Statef `p FL W status ACTIVE z C Princi al Address a 99 LANCASTER STREET STANFORD KY 40484 m WIN MAddress m: PO BOX 328 o. STANFORD KY 40484 Q Registered Agent KI-2— & Address FEE, FRANK H III ESQ o M 426 AVENUE A FORT PIERCE FL 34950 US o N Manager/Member Detail r L Name 8, Address Title MGR E . MILLER, THEODORE C 0 ILL 99 L Ai!�CASTER STREET 0 0 STANFORD KY 40484 AnnrJal Reports 2 .Q No Annual Reports Flied a Q Document Imams as 04105l3011 -- Florida Limited Liabili �/ _ t m e:in.pDF,forrrtet :. - v to Note: This is not official record, See documents if question or conflict. Q Previous on List Next on List Return To List No Events No Name History Entity Name Search Submit I Horne Contact us I Document Searches I E-Filinq Services I Forms I Hole l CoPYnight:cJ and Privacy Policle5 State of Floridd, Department of state http://www.sunbiz.Org/scripts/cordet."e?action=DETFIL&inq_doc_number=L110000407... Packet P . 226 1 xu}rcity t-LPPrtuzcr - ow ume uOunty, M PROPERTY RECORD CARD UTG Avalon LLC Record: 1 of 1 <<Prev, Next» Spec.Assmnt Taxes Propeity Identl#Ication Site Address: TBD ParcellD: 1403-500.0016-o00-0 SecfTown/Range: 03:34S:40E Account #: 18$992 Map 10: 1 Exemptions Per 4103N Land Use: Zoning: HIRD Vac Res City/Cnty: St Lucie County - Ownership and Mailing y n Legal Description Owner. UTG Avalon !LC Address: AVALON BEACH PUD (PB 55A 9) BLK 1 LOT 5 (OR.3292 99 Lan?h7) Lancaster St P 0 Box 328 Stanford KY 40484 Sales information Assessment 2010 Final Total Land and Building a, Date Price Code Deed Book/Page 2010 Final: 400000 Land Value: 400060 Acres: 0..34: 5/9/2011 100 0311 CT 3292 / 0247 Assessed: 400000 Building Value: 0 a) 1/2312006 20500000 02 WD 2471 11213 Ag.Credit: 0 Finished Area: 0 SgFt Exempt: N Taxable: Taxes; 8313.68 'a Q BUILDING INFORMATION O f „ C a NO Sket.c h Nolm,ag.. 2 o ms. . Avableail Availsve....... .M Exterior Features o View: - RoofCover: M ExtType: - YearBlt: Frame: RoofStruct Grade: EffYrBlt; - N StoryHght _ Primewall: No -Units: SecWall: Cn _ W Interior Features � BedRooms: 0 Electric: FuIlBath: 0 HeatT PrminiWall: _ E 1128ath: 0 HeatFue Av ,Flor p °%AIC: Pm�.Flors:. LL 0 %Heated: 0 %Sprinkled: 0 O Special Features and Yard items 0 Land Information Type Y1S Qty, Units Qual. Cond. Yr8lt, No. Land Use c� Type Measure Depth 1 0000-Vac Res N-Site 1 = THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOt'WARRANTED. Q c m v a http://, ww-pasic.org/prc.asp?prclid=140350000160000 r Q 06 (Iuawlsnfpv aofew and L13eae uoleAV : COL-£4OZ-S3N) Ueld 01!S IleJ8A0 :;uauayoejjV LOCATION MAP F ,t. � �.. �,� *,.• • may. /� ' �,� 4����!. . � .�. - #ii+l}•• Lrti !.'� .ice 7iA{F ? '. - �� ql�.t� f"d..,� y * r• �� r a - t' .Y• 'ram '.���r7�L � �+i'.: -• •w fit.+} .'�� �,i. � .J"{' r--t �+� •Yi+F'..t�':.' -,fir '� .�•� ,�i,�. •- - f t . ��� - it =-,>�,�y.#•.��.6 NDIANI RIVER. LL O r \' z QF_ � u) F_ LL O :�z w�- m:w LL of z ZO J z �W LU L_ PRESERVE AREA INDIAN RIVER 3' W. x 153' L. PIER W/ 5'x8' FISHING PLATFORM AT END W/ CONTINUOUS RAILING & "NO MOORING" SIGNS POSTED EVERY 60' (499 SF OF SURFACE WATER IMPACT) %10 s -0 A DISTANCE 87 59 FEET THENCE ALONG LEGAL DESCRIPTION ENTIRE PARCEL (AVALON P.D.) LEGAL DESCRIPTION ENTIRE PARCEL (AVALON P.D.) LEGAL DESCRIPTION PROPOSED RE -PLAT 2 3 A PORTION OF LAND LYING IN GOVERNMENT LOT 4, SECTION 3, TOWNSHIP 34 PARCEL 1 PARCEL 2 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA. MORE PARTICULARLLY BEGINNING AT THE INTERSECTION OF THE SOUTH BOUNDARY OF THE SOUTH 300 FEET OF THE SOUTHEAST Y4 OF THE NORTHWEST Y OF DESCRIBED AS FOLLOWS: DRAWING INDEX GOVERNMENT LOT 4, SECTION 3, TOWNSHIP 34 SOUTH, RANGE 40 SECTION 3, TOWNSHIP 34 SOUTH, RANGE 40 EAST AND THE SOUTH 300 EAST, AND THE EAST BOUNDARY OF THE PRESENT COUNTY ROAD FEET OF GOVERNMENT LOT 4, SECTION 3, TOWNSHIP 34 SOUTH, RANGE BEGINNING AT THE SOUTHWEST CORNER OF BLOCK 1 OF THE AVALON RIGHT-OF-WAY, THENCE, NORTHWESTERLY ALONG SAID RIGHT-OF-WAY 100 40 EAST, LESS AND EXCEPT THE 100 FOOT ROAD RIGHT-OF-WAY FOR A-1-A, BEACH P.U.D., AS RECORDED IN PLAT BOOK 55 AT PAGES 19-21 OF THE SHEET DESCRIPTION FEET AND THENCE EAST, PARALLEL WITH THE SOUTH BOUNDARY OF AND LESS AND EXCEPT THE FOLLOWING DESCRIBED TRACT: PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID POINT ALSO BEING SAID LOT 4,390 FEET MORE OR LESS TO THE ATLANTIC OCEAN; THENCE, ON THE EAST RIGHT OF WAY LINE OF STATE ROAD A-1-A (100' RIGHT OF WAY); RUN SOUTHERLY MEANDERING THE OCEAN SHORELINE TO THE SOUTH BEGINNING TO THE INTERSECTION OF THE SOUTH BOUNDARY OF THENCE RUN N18°01'47"W ALONG SAID EAST RIGHT OF WAY LINE OF STATE C-1 00 SITE PLAN AVALON BEACH FINAL P.U.D. MAJOR ADJUSTMENT BOUNDARY OF SAID LOT 4; THENCE, WEST ALONG SAID SOUTH GOVERNMENT LOT 4, SECTION 3 TOWNSHIP 34 SOUTH, RANGE 40 ROAD A-1-A, A DISTANCE OF 314.33 FEET TO THE NORTHWEST CORNER OF North BOUNDARY 389 FEET MORE OR LESS TO THE POINT OF BEGINNING, SAID EAST, AND THE EAST BOUNDARY OF THE PRESENT COUNTY ROAD SAID BLOCK 1, AVALON BEACH P.U.D.; THENCE LEAVING SAID EAST RIGHT OF C-101 AVALON BEACH P.U.D. PRELIMINARY PLAT LANDS LYING AND SITUATED IN ST. LUCIE COUNTY, FLORIDA. RIGHT-OF-WAY, THENCE NORTHWESTERLY ALONG SAID RIGHT-OF-WAY 100 WAY LINE OF STATE ROAD A-1-A RUN N89°20'13"E ALONG THE NORTH LINE OF ANTIC FEET AND RUN THENCE EAST, PARALLEL WITH THE SOUTH BOUNDARY OF SAID AVALON BEACH P.U.D, A DISTANCE OF 513.54 FEET TO A POINT ON THE SAID LOT 4,390 FEET MORE OR LESS TO THE ATLANTIC OCEAN; THENCE, MEAN HIGH WATER LINE AS LOCATED ON 1/31/13 (ELEVATION 0.40' NAVD); EAN RUN SOUTHERLY MEANDERING THE OCEAN SHORELINE TO THE SOUTH THENCE LEAVING SAID NORTH LINE OF AVALON BEACH P.U.D. RUN BOUNDARY OF SAID LOT 4; THENCE, WEST ALONG SAID SOUTH BOUNDARY S15°47'44"E, ALONG THE SAID MEAN HIGH WATER LINE A DISTANCE OF 100.08 LO 1 389 FEET MORE OR LESS TO THE POINT OF BEGINNING; BEING THE TRACT FEET; THENCE CONTINUING ALONG SAID MEAN HIGH WATER LINE RUN S19006'38"E OF CONTINUING SAID DEED TO HARRY ZAHRLY AND HIS WIFE, ANNA ZAHRLY ON NOVEMBER 2, 1946, ' 0 ` AS PER DEED RECORDED IN DEED BOOK 129, PAGE 147, PUBLIC RECORDS OF MEAN HIGH WATER LINE RUN S19°18'24"E, A DISTANCE OF 76.57 FEET; n AREA OF ST. LUCIE COUNTY, FLORIDA. THENCE CONTINUING ALONG SAID MEAN HIGH WATER LINE RUN S13°54'57"E' � FLU: RU DETAIL BELOW A DISTANCE OF 49.06 FEET TO A POINT ON THE SOUTH LINE EXTENDED ZONING: HRID ' ALL LYING AND BEING IN ST. LUCIE COUNTY, FLORIDA. EASTERLY OF SAID AVALON BEACH P.U.D.; THENCE LEAVING SAID MEAN HIGH WATER LINE, RUN S89°20'13"W ALONG THE SOUTH LINE OF SAID AVALON I I BEACH P.U.D. A DISTANCE OF 509.28 FEET TO THE POINT OF BEGINNING. I \ \ I SAID LAND CONTAINS 153374.50 SQ. FT. (3.52 AC.) MORE OR LESS. j �\ \ a OAK HAMMOCK I \\ l ' \ \ PRESERVATION AREA �\ \ \ �/ n \\ \\ I FLU: CPUB QUARTER SECTION LINE AVALON STATE PARK 0.14 ACRES \ I \ \ \ I \ \ \ ZONING: HRID AND WEST LINE GOVERNMENT FLU: CPUB V'vv i vv v v v i I LOT 4 ZONING: HRID AI A ---�Z-�-� ITV EXISTING DUNE ��LO --- WALKOVER o o «III _- - - _ tore - t-or-1 �- •�y�,-II ,.•1' , v _-- -- \ I \ I \ v\ 11 QuEEAIN!= �R acIv,'rN�wA,A�LDrm3t ,T j ANTIC ----------�OT 2 NO2'05'29'E WETLAND'B' _ aCEAN 300.24 \ 2.33 AC O -_---- ----c OCEAN ESTATES DRIVE oc -N EST-T-- (SURVEY WITNESS LINE) � - -- --__-- EXISTING RTIALLY --- - ------- '--------------_-------- - --- - --------- `-------------------- LOT 6 TRUC DHOME RPCONSOAA.avAPPROXIMATE O C.E. = 2.50' NGVDMEAN HIGH OSQ WATER LINE 1A � �V{K}GR01E 5 RETAINING W ALL WETLAND _ _ y, 9 (FROM - - - -- - ---------------------___------ _3a�i-"-- -�� \y \ L T 3----------------------------- - -- - — ------ -- — �4��< \ 5.14\AC \I, .I, .I, .I, .I, .I, �, .I, .� .� .� 1 __— - __----- _--- —— —C y cOCEANESTATESDRIVE ________-__________��___ O� `\ L \ \_--_--- -- -_-- -- ---_-------------_----- `�-�-- --� ------- \ s� ` \ a I �I V A s+e'er 1 } \\V�U\ -- - -- ----- - - - \ \ \ •'� T 4 L a EXISTING 24'x24' v v v v v v v v v v v ----�---_ \� - GAZEBO I - WEI�LAND�A' '� � A Lor.ro toO to�r.rr w 2.75C 4w w w w w w IV IV w 2 I LOT \�1\ \1yI\ \ \ v vv vv ■ L------- - >-==-r---- I =YG AVALON STATE PARK OAK HAMMOCK I I QUARTER SECTION LINE AND PRESERVATION AREA L_______ _____________________________J FLU: CPUB SOUTH LINE GOVERNMENT LOT 4 ZONING: FL :PUB 0.11 ACRES \ \ FLU: RU ZONING: HRID \ \ ZONING: HRID STATEMENT OF USE PRESERVE ORIGINAL P.U.D. MANGROVE WETLAND 5.14 AC PROPOSAL TO RE -PLAT ALL LANDS LYING EAST OF S.R. A-1-A (2.74 AC), INCLUDING: - LOTS 1 THRU 5 AND TRACT A, AVALON BEACH P.U.D., PLAT BOOK 55, PAGES 19-21, AREAS AND/OR I 30' RIGHT OF WAY I HOMES AVALON BEACH P.U.D. - MODIFICATION # 2 SCALE: 1' = 100'-0" EXISTING OAK HAMMOCK 5.38 AC OFFICIAL RECORDS OF ST. LUCIE COUNTY, FLORIDA. DRAT REQUIRED PRESERVATION 1.35 AC (25%) TRACTS rlP 1' PROPOSED PRESERVATION 1.61 AC (30%) THE RE -PLAT WILL PROVIDE THE FOLLOWING: '1* 4' 20' PAVERS 4' m DUNE PRESERVATION .57 AC REMOVE THE LARGE RECREATION TRACT AND REPLACE WITH BEACH ACCESS TRACT r 1 CREATE ADDITIONAL LOT. TOTAL PRESERVATION 7.32 AC TOTAL SITE AREA 15.83 AC PERCENT OF SITE PRESERVED 46% NOTES 1. LOT SIZES VARY FROM: 50'x90% 80'x68', 50'x100', 60'x310'±, 75'±x310'± 2. ALL SIGNS WILL COMPLY WITH REQUIREMENTS OF THE SIGN REGULATIONS AT THE TIME OF PERMITTING (SEE SIGN DETAILS). FINISHED FLOOR ELEVATIONS ROAD 5.0' WATER 2.5' LOTS 7.0' DEVELOPMENT SCHEDULE A NOTES: 1. ALL HOMES ARE TO BE PROVIDED WITH FIRE SPRINKLERS. 2. GATED ENTRANCE TO THE DEVELOPMENT IS PROHIBITED. PHASE 1 & 2 COMPLETE: LOTS 1-5 AND TRACT A (BLOCK 1) (OCEAN -SIDE) AND LOTS 1-32 (BLOCK 2) (RIVERSIDE) HAVE BEEN DEVELOPED AND PLATTED (PLAT BOOK 55, PAGE 19-21) MAJOR ADJUSTMENT: RE -PLATTING OF OCEAN SIDE LOTS 1-5 AND TRACT A TO LOTS 1-6 AND NEW TRACT Al. -CONSTRUCTION 2012/2013 ORIGINAL P.U.D. (OCT. 2004) MOD.#1 (2006) TOTAL SITE AREA 15.83 AC (689,554 S.F.) NO CHANGE EXISTING FUTURE LAND USE RU (RESIDENTIAL URBAN) NO CHANGE EXISTING ZONING HIRD NO CHANGE PROPOSED ZONING PUD NO CHANGE MAX. BUILDING HEIGHT 35' NO CHANGE (ABOVE MIN. BASE FLOOD ELEVATION) MAX. BUILDING COVERAGE 40% NO CHANGE PROPERTY ID #'S 1403-130-0011-010/3 NO CHANGE 1403-130-0011-000/0 NO CHANGE 1403-130-0012-000/7 NO CHANGE PROPOSED MOD #2 NO CHANGE NO CHANGE NO CHANGE NO CHANGE NO CHANGE NO CHANGE NO CHANGE NO CHANGE NO CHANGE DENSITY CALCULATIONS TOTAL SITE AREA 15.83 AC NO CHANGE NO CHANGE MAXIMUM ALLOWABLE UNITS 79 UNITS NO CHANGE NO CHANGE (AREA X 5 UNITS/ACRE) TOTAL UNITS PROPOSED: 38 LOTS / 2.4 DU/AC 37 LOTS / 2.34 DU/AC 38 LOTS / 2.4 DU/AC 50' X 90' RIVER LOTS 23 LOTS NO CHANGE 23 LOTS 80' X 68' RIVER LOTS 4 LOTS NO CHANGE NO CHANGE 50' X 100' RIVER VIEW LOTS 5 LOTS NO CHANGE NO CHANGE 60' X 310 ± OCEAN 6 LOTS 5 LOTS 6 LOTS 75'± X 310' ± OCEAN N/A N/A N/A RECREATION TRACT N/A TRACT A (0.41 AC) TRACT Al (0.07 AC) (EAST OF A-1-A) (EAST OF A-1-A) OPEN SPACE ACRES %D ACRES %° ACRES %D REQUIRED 5.54 35.0 NO CHANGE NO CHANGE WETLANDS 5.14 32.5 NO CHANGE NO CHANGE FORE DUNE 0.40 2.5 NO CHANGE NO CHANGE BEACH 0.46 2.9 NO CHANGE NO CHANGE UPLAND PRESERVE 1.61 10.2 1.60 10.2 NO CHANGE STORM WATER 0.50 3.1 NO CHANGE NO CHANGE OTHER OPEN SPACE 2.67 16.9 NO CHANGE NO CHANGE PROPOSED TOTAL 1078 681 1077 680 1077 680 EDGE OF BUILDING SETBACKS (SEE DIAGRAMS) - RIVERSIDE LOTS DETECTABLE WARNING FRONT 10, SIDE/CORNER 0'/5' REAR 10, BUILDING SETBACKS (SEE DIAGRAMS) - OCEAN SIDE LOTS FRONT 35' SIDE/CORNER RIVERSIDE LOTS: 5' ON THE LEFT AND 0' ON THE RIGHT (WHEN VIEWED FROM OCEAN ESTATES DRIVE) OCEANSIDE LOTS: O' ON THE LEFT AND 5' ON THE RIGHT (WHEN VIEWED FROM OCEAN ESTATES COURT) REAR 0' BUILDING HEIGHT REQUIREMENT MAXIMUM HEIGHT 35' 4' SOD MUST BE FLUSH WITH SIDEWALK HEADER 1' CONC. HEADER 4' PAVER WALK EXISTING ROADWAY SECTION (OCEAN ESTATES COURT) EXISTING ROADWAY SECTIONS SCALE: V = 10'-0" 5' SIDEWALK 5% MAX. LONGITUDINAL SLOPE 2% MAX. CROSS SLOPE 6" THICK CONCRETE MINIMUM 3,000 PSI @ 28 DAYS NOTES: 1. ALL MATERIALS AND CONSTRUCTION PROCEDURES SHALL BE IN ACCORDANCE WITH THE "SUGGESTED SPECIFICATIONS FOR CONCRET AREAS" PREPARED BY THE PORTLAND CEMENT ASSOCIATION AND IN ACCORDANCE WITH FDOT INDEX NO. 310. 2. SAWED JOINTS SHALL BE CONSTRUCTED AT A MAXIMUM OF 5-FEET O.C., AND SHALL BE IN ACCORDANCE W/FDOT INDEX NO. 310. 3. AT LEAST THREE (3) COMPRESSIVE STRENGTH CYLINDER SAMPLES SHALL BE TAKEN FOR EACH 10,000 SQUARE FEET OF PAVEMENT OR FIVE (5) PER JOB, WHICHEVER IS GREATER. SLUMP SHALL BE 2 TO 4 INCHES (AASHTO T-119). COMPRESSIVE STRENGTH SHALL BE REPORTED AT 7, 14, AND 28 DAYS. 4. CONSTRUCT UPON FIRM, STABILIZED GROUND, COMPACTED TO 95% MAXIMUM DRY DENSITY. 5. SURFACE WITH LIGHT BROOM FINISH. 6. SOD ALL DISTURBED AREAS. SIDEWALK DETAIL AND SPECIFICATIONS .9' 2' . 2.35' N IOI TRUNCATED DOME L0 to N O O O O DOME PATTERN SHOULD BE ALIGNED 41 WITH THE DIRECTION OF TRAVEL BASE -TO -BASE SPACING SHALL BE 0.65" MINIMUM DETWEEN DOMES. PLAN VIEW TRUNCATED DOMES DETAIL N.T.S N.T.S. TOP WIDTH OF THE DOME SHALL BE A MINIMUM OF 50% AND A MAXIMUM OF 65% OF THE BASE DIAMETER. DOME HEIGHT TOLERANCE = ±.02" MAXIMUM DOME WIDTH = 1.4" TRUNCATED DOME \ 88 COASTAL CONSTRUCTION CONTROL LINE ACCORDING TO THE \ \ \ PLAT THEREOF, AS REC RDED IN PROPOSED \ a\ \ PLAT BOOK 26, PACE 2M-L, OF DUNE WALKOVER ATLANTIC \ \ % \ THE PUBLI RECORDS OF T. LUCIE OCEAN TTED \ \\ \ W117026455621 COUNTY, ORID,4. UNPLAI Q \ \\ / E 8762417051� � 2 \ \ \\ / LAND USE- VAC kES 1 ZONING - HIRD 1 \\ \ 0 i \ \ NORTH LINE OF 11 PROPOSED 8' BEACH 1\ a \ I \ ACCESS EASEMENT - \ % ��� sRc AVALON BEACH P.U.D. 1 \ \ \\ EXISTING CATCNBASrN 4.94® N8920'13"E 513.54'(OA) (P.B. 55, PAGE 19-21) \ LOTS 1 & 2 \ �2 / TURN AROUND - _ - _ _ _ N8920'13"E 429.71'(LOT 1 0A) _ 1 _ �-�_- _--1-�---- \ �_ 83.83'� 22 EISTING 4' CO C. 148.5' �\ \\ / Tr/ �/ —� —2B +' T / / , / 1/fir / I i / 1 / X / \ / \ 766 EXISTING 4' \ �y \ ' \ ' ' ' ' \ ' \---,'18' A \ SI WALK + ' +v \ + 'S 0 At /PFjP �Lf \+ \ ' +� + + + + + + + Is \ CONC. WALL \ / �, , l \ x o \ \ \\\\C515'�IXU�INSi I \1 \ \ l '/ +/' �'EY`.6AV,L�+1S.F i +i�,\s + + + + + + + vv vvv �v A' / !, OSy� 1 �l o vv \ PROPOS D vv A +/' +�� �v j'� ,¢LOC.� Z�D��/'' '+ 1, .. + + + + + + + EIST'I,N/ f �\ °�TRA\SFORM \ \ \ ' 8' WIDE PEDESTRIAN �1 r z \ PAD LOT 1 \ \ / ACCESS EASEMENT �(+ + + + + + + + + \ \ A\\ \ \\ l 1T¢,,_ +� �FY r + v rt / rt 1 / �F + + + + + + + v v EXISTING 6 \ vvv \ "�� v vv � \� \ 147.74 SIDEWALK \ \\\ �\ \\\ _ `�'�`11 \\ 20.�1� _ i - - - - - - - - - -� - - -� r— -7- - \ m / ror \ v vt \�-�� 7PRO OSED +r r �/ v v yvv + + + + + + + + o \ \ Q. \, \ \ \ \`, , +,\ \ \ \ y�. EXISTING DUNE EASEMENT RECORDED IN + + + + + + + + MEAN HIGH WA TERLINE \\ 5 \ �\ \ \\\ o J� G \\ \\ LO 2 PROPOSED ,' +,' \\ `k `j O.R. BOOK 2735, PAGE 2172, PUBL/C + + + + + + + ELEV. =0.4' NA VD 1988 V EDP N� o \ v NAIL Darr 00 MODIFIED LOCATED 1 3I 13 ,�� 06v '"V21 �� `� vc� Nc°v� Y?'"yi' oRI ""� `v 6 \ DUNE +,� L/�T �?�v v vv�RECOROS OF ST. LUCIE COUNTY, ;4 � + + + + + + + + \ 5p0 A \ \ \ ,� +�'FLORIDA. + + + + + + + + + WALKOVER \ /\ \ \ \ \ \ \ ,� r \ , �, ,• , / /(\ A\, +/ / +r \ r+\ r + /r� + + + + + + + -411 w° I Q� v�� �� 1s. 146.92' +/ Lo fixv 4 +, - rF +,_ i�4'i l.+ +,v + + - O OQ. \y \\ R �uRB �� T�N+�°$A'1 42'0A)r riot r' ,r/ 1 r r ,r $i' ,C* + + + + + + + + \� \ , �\ CONSTRUCT 5' WIDE SIDEWALK \\ ? / \(j FD NA/C DISK\\" EXISTING //+ / +/ \$\\rrl+,r #'r,/+,X �i' ,Fi-'1 /'+i�� �\/�+,r >+ + + + + + + + \ r w \// U�— �\ 65.03 cutPER& RPE7JN/N� PAVE S \ \ EXI ING DUNE /\+/ �� + / �y r+ /i +' �F /+\ \ + + + + + + + + i�' D 2% MAX. CROSS SLOPE, o\ �ABD / \ AVALON BEACh MAX. LONG. SLOPE \ )I \ HousB�lyB'13 ,7 \ ( \h \ / I ,/ 1/ r / Z 3" E TO MEET ADA ACCESSIBILITY \ \ � ,��pFg1��'/ \ TRUNCATED DOMES00 P I I n I l N IT it \ WAL OREM TO \ \ \ \\ \ r ,'�+,/ y� / /+ ,+ r/� / \'` \ + + +\ + + + + + N (n ---- _ ( ) PRi P`OSE� f#!' + +r , + + + + \ x+ , + + +- -- ' GUIDELINES. MAKE MODIFICATIONS PROPOSE\ k \ \X \ \ ' / 1 ' ' I, ' /' (1 i o ci IN FIEL LD TO PERMITTED MEET MAX.\\ \\N BRICK vA \� l� TRAN aRMER \� LOT 6 MULCH P lc t '� /' +4 \ \/m \ y�+ / r� I P P D,'+\/ ( + \ + + + + + + + + + \ o vv ♦ �AD a //+, � v v, +/ 1 / + 4TR'A'A /v+�' + + +� + + + + + w EXISTING ENTRANCE \ �w \\� \\ _♦ _ i \ \� cn / y\ \ V\ k /i i , / ,/ \/ 113.sr co p� \\� Q \ 11 LOT 6 \ 6 \\ \ \ 4, i I 8.76 it FE TJRES \��= - \ 18.4' - --rt-y� +-t--t---- T mn y^ Iil� U i1 Oi li);ijl i!,I� ,+ / + + + + + + + 11.51' + Wm SIDEWALK '--� \I it TRACTA1�\ \ \ \\7 7 141X / / \ - 52' / m _ — 9 2013"E 3_76 _ _ _ _ TR T Al _ —} — + + + + + (ram j CONTINUES Nc. - ��e L T3 , ��c�A)/ / \ i14.1 N, 17. 145.92' 1 rlTl'TT�I�TP 1 i \ \ \ x , ,!� N89° 3"E 6.8 / / / 1 ,\, / C9Z THRU 11 \ P'o \ I \ _ 1 IIIII II 11 + + /+\ + b + i. + �, . +, \ + + + + + + + + + \ z �� TRUNCATED v / ♦ \ : n v v / 1 /' �1,1/1 ,Iv,1/, < r COVERED �,\ l \\ I \ \�_-\- --------------T �'Q 11 EXISTING DUNE ✓/+� + + + + + �rn DOMES u \ I I \ I \ G 78 COASTAL CONSTRUCTION AREA (TYP.) �I \ , ° I �� \ Z �� \---\---- --_1 2 \ WALKOVER To 'CONTROL LINE ACCORDING TD THE '// + + + + + \\ % \\ \ \\' °' BE REMOVED PLAT THEREOF, AS RECORDED IN �\ +' , + + + + + ----------------------��\�\� II M\ 1 1 \ \ \� AAo aRMER w\ to EXISTING MULCH \ / ^ v Y / rn \V PR POSED PATH TO +/' , �\ \ �\ + \ \PLAT BOOK 19, PAGE SA-G, OF +r\ , 4\ + + + + + + + + N '20'13" E \II \ \ \\ ea O ^\ ' -- w �� O 1 yl ° \ \ \\ Q9 \\\ w L T 3 BE REMOVED \ ' /� �\ \\ THE PUBLIC RECORDS OF ST. LUCIE r ,� + + + + + + + + _ 56.30' vv v v �, v v N v �" v O IP vv , Aps 1 vv �q9� v v �� v \ 7K / ,v v v+v v ' COUNTY FLORIDA. v' +r A + + 1}16.t ' + & �\ \ \ 16.46' \ _LOT 3 �— 145.11� — — _ _ \� _ , /+ , = DUNE EASEMENT AS MODIFIED BY + 113 \ �� \ \ T LOB 4 ---- 77r n / / / \ \ /\ \ Y�N8�20'1y 3$8.2�(PA) I i -I }41 / +/ 7F O0 w \ 11 \ tea. \\ \ \\ �Z_-- ILL / r i / r / / / r °° - \ \�s'I F s -- t �I ,' +' \ \ �'' '\+,' +/1 '+ /' 1�/ r� \ +' \* �} M00/F/CAT/ON OF EASEMENT AGREEMENT + m \ \ \ 11 \ \\\ \ \ 51. P� 1 W IC RESIDENCE x o l / , / \ y�\ \ k \ / / \, / r / , / k I , / h\ , / n \\ I \ \ \\ P� �o CBS + \� \ \ ,� +/\ t +y - APPROVED BY THE ST. LUCIE COUNTY \ \\ \ \ \ w I ,I G CFI 1 o �1 / , / , / , / , / ' / ON + rn \ \\ \ \ \ — \ \ \N- A \ 10R 1 1 o a / / � I ' � \ \ \ \\ \ �\` OST-� \\� o \\ tis 6.62 ROPOSED 1 \ /'+ + a a,�, y-� , BOARD OF COUNTY COMMISSI ��RSAND \ \ \\ \ \\ \ \ \ i Llm / A \ L J I I ` + /��T/�+\�+vr i + , 8' WIDE PEDESTRIAN ` \\ / \------------------- + cn \ \\� \ \- a - - 1 LOT 4 / / / / CD N \ \�\XISTING \�� \ \ co ED l I +,' ,� \ \ x+yT \ ,+ \/ ACCESS EASEMENT ' r b \ r+ CORDED IN THE PUBLIC RECORDS OF + o ° tr\wAt J rn 1 r ,\� \ r\ \ \ , \ r r� , ST. LUCIE COUNTY, FL OR/DA. o \ \ % \ \\ (2) \EXISTING ��\\\ _—�TsTA/Rs - - _ 1_ ,+ / +,x\ \ � \ r+, +r ,+ 1/ +/ bF / ,^\ + \PARKAG- OVA \ �.o - LOT is----- Im OST-6 PROPOSED a\\ \ gPACES \ s / / / u / \ / / , + + w �vv v v\ ! Iry v v EXISTING PARTIALL \ PEDESTRIAN ACCESS \ _\\ \ \\\ �i \\ \ \ , x\ \;4\ /+ +. +, e I + + ,�K + + + + + + + + c3, v v v ��a !� v vv y vv CONSTRUCTED HOM 01 , e a y MEAN HIGH WATER LINE SHOWN' " FOR LOTS \ a�\ \ \\ \� �\ ' ! \ \ �, o \ \\ TO BE COMPLETED ti / +/� + + + + + + + + + + # \ �\\ \ \ q \ \ \ \ ON PLA T BOOK 55, PAGE 19-21, ,' \ /' �� 1-32 (BLOCK #2) \ \\o�N p \ \� PROP SED+, �\ \ XX +� ` + + + + + + + + + o\ V\ \ VA 9! \ \% \ v U I V g / i y l m \ \ \\ \ \\\ r \\ _ _ \ ST. LUCIE COUNTY, FLORID . u \ \ �_ �, —_�\ \°' \� LOT \ +r/ vf�!�LOCATED 12�24�2003 �+✓r+/`+++++ \ +++++++++++ o \ \ EXISTING \\ I_u STANOW \ \ \ q '/!1}1 7F' I /+ / �C /,+/ + ' \ ' /1\ ' +� + + +, + + + + + V AA ' / , / / i / CONC. WALL 1s 7v \_L ' / 1� .r _vim,v�. y \ 116.e4 - - - - - 62�3'------- � \ \\ 83.83' r 6'146_56_—— _,J� y'T`L—`—}'\�-------—�-—\L6 58920'13"W 425.45' (LO7-5 0A) �j 4286 A \286 ` \\ 1\ \� — ANSFORMLR S89°2o'13"w 509.28' (OA) PROPOSED ` 2 PD PROPOSED 8' BEACH EXISTING 6' \ I \ e DUNE WALKOVER \ SIDEWALK EXISTING 11 \ \ FLU: RU ACCESS EASEMENT - TURN AROUND L 1169965.6633� \ \ CONSTRUCT LOTS 4 & 5 \ �EB7633899281 ZONING: HRID L-----J ROPE/BOLLARD FENCE \ \ WITH SIGNS POSTED - Q \ \ \\ \ UNPLATTED TO PROTECT DUNE 2 \ \ LAND USE - FRST PARKS PRESERVATION AREA SITE PLAN DETAIL: RE -PLAT OF LOTS 1-5 (BLOCK 1), TRACT A (BLOCK 1) OF AVALON BEACH P.U.D. MODIFICATION #2 SCALE: V = 40'-0" 0 � o 0 0 U U U rt 0 cn 0 CL 0- CL a a a 0 0 W N 0 I O 0)_ (n vN Z I m Y a o W 2 Y W O O O CZ� O U,,ope o x�UWOW cr��3oW rc uj � (L w aF-awwZwzo 5EFE3 Z�wr„oco1mo5 oL'i "o08W 3� i x .-.6 a336-N3—co.> , U� \ E J O O O cN i Q � Q L O 0 O 00 cn = 0 O o U �OLLu J O m Q � zZoLLI 0 06 CL N � CA O "t OwNCA W O , LLI O �H Z> C7 L, (fin CV O ~ W O ILL V m M� W LL W W QU>CV 04 ' Q O Z J cr) N r- rUn �/ ! c� ~ z U w z W 0 J m W WzJp VJ O z >LLO Q �C G � Q � I � � � z I :D Q U 0 I O W aW 0 °° � I z W J O Q N N JOSEPH W. SCHULKE FL REG. NO. 47048 JODAH B. BITTLE FL REG. NO. 57396 ❑ WILLIAM P. STODDARD FL REG. NO. 57605 DATE: SHEET C-100 PROJECT NO. 1 1-069 a� d 06 (;uawisnfpv jofew and 43e88 uoleAV £04-£40Z-S3N) ;eldeN fueulwilaad :;u0wLl3elly a) N N a m m a CERTIFICATE OF DEDICATION AVALON BEACH P.U.D. UNIT 1 STATE OF FLORIDA COUNTY OF ST. LUCIE KNOW ALL MEN BY THESE PRESENTS, THAT UTG AVALON, LLC, A FLORIDA LIMITED LIABILITY COMPANY, FEE SIMPLE OWNER OF THE LAND DESCRIBED AND PLATTED HEREIN, AS AVALON BEACH P.U.D. UNIT 1, BEING IN ST. LUCIE COUNTY, FLORIDA, HAS CAUSED SAID LANDS TO BE SURVEYED AND PLATTED AS SHOWN HEREON AND DOES HEREBY DEDICATE AS FOLLOWS: 1) STREETS AND RIGHTS -OF -WAY ALL STREETS AND RIGHTS -OF -WAY SHOWN ON THIS PLAT ARE HEREBY DECLARED TO BE AND SHALL REMAIN PRIVATE. THEY ARE DEDICATED TO THE AVALON BEACH OWNERS ASSOCIATION, INC., A FLORIDA NOT FOR PROFIT CORPORATION, FOR THE USE AND BENEFIT OF THE OWNERS AND RESIDENTS OF AVALON BEACH P.U.D. AND AVALON BEACH P.U.D. UNIT 1, AND SHALL BE THE PERPETUAL MAINTENANCE OBLIGATION OF THE AVALON BEACH OWNERS ASSOCIATION, INC., A FLORIDA NOT FOR PROFIT CORPORATION. ALL PUBLIC AUTHORITIES, INCLUDING BUT NOT LIMITED TO POLICE, FIRE, AMBULANCE, ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT AND UTILITY PROVIDERS SHALL HAVE THE RIGHT TO USE THE STREETS IN THE COURSE OF PERFORMING THEIR RESPECTIVE DUTIES. THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, SHALL HAVE NO RESPONSIBILITY, DUTY OR LIABILITY WHATSOEVER REGARDING SUCH STREETS. 2) UTILITY EASEMENT THE UTILITY EASEMENT AS SHOWN ON THIS PLAT IS DEDICATED IN PERPETUITY TO ST. LUCIE COUNTY AND ALL OTHER UTILITY PROVIDERS FOR THE CONSTRUCTION, INSTALLATION, MAINTENANCE AND OPERATION OF UTILITIES BY ANY UTILITY PROVIDER, INCLUDING CABLE TELEVISION SERVICES, IN COMPLIANCE WITH SUCH ORDINANCES AND REGULATIONS AS MAY BE ADOPTED FROM TIME TO TIME BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA. FRONT YARD UTILITY EASEMENTS ARE SUBJECT TO THE RIGHT OF EACH LOT TO HAVE A DRIVEWAY FOR INGRESS AND EGRESS AS APPROVED BY THE COUNTY. 3) TRACT "Al TRACT "Al" AS SHOWN ON THIS PLAT IS HEREBY DEDICATED IN PERPETUITY TO THE AVALON BEACH OWNERS ASSOCIATION, INC., A FLORIDA NOT FOR PROFIT CORPORATION, FOR PRIVATE PEDESTRIAN BEACH ACCESS FOR THE LOT OWNERS OF AVALON BEACH P.U.D. AND AVALON BEACH P.U.D. UNIT 1, AND SHALL BE THE PERPETUAL MAINTENANCE OBLIGATION OF THE AVALON BEACH OWNERS ASSOCIATION, INC., A FLORIDA NOT FOR PROFIT CORPORATION. 4) OPEN SPACE TRACTS THE OPEN SPACE TRACTS AS SHOWN ON THIS PLAT AS "OSTV AND "OST2" ARE HEREBY DEDICATED IN PERPETUITY TO THE AVALON BEACH OWNERS ASSOCIATION, INC., A FLORIDA NOT FOR PROFIT CORPORATION, FOR OPEN SPACE, LANDSCAPE AND SIGNAGE, DRAINAGE AND OTHER PURPOSES AS SET FORTH BY THE AVALON BEACH OWNERS ASSOCIATION, INC., A FLORIDA NOT FOR PROFIT CORPORATION. AND SHALL BE THE PERPETUAL MAINTENANCE OBLIGATION OF THE AVALON BEACH OWNERS ASSOCIATION, INC., A FLORIDA NOT FOR PROFIT CORPORATION. 5) PEDESTRIAN ACCESS EASEMENTS THE PEDESTRIAN ACCESS EASEMENTS AS SHOWN ON THIS PLAT ARE DEDICATED IN PERPETUITY TO THE AVALON BEACH OWNERS ASSOCIATION, INC., A FLORIDA NOT FOR PROFIT CORPORATION. THE PEDESTRIAN ACCESS EASEMENT ENCUMBERING LOTS 1 AND 2 SHALL PROVIDE PRIVATE PEDESTRIAN BEACH ACCESS ONLY FOR THE BENEFIT OF LOTS 1 AND 2 AND SHALL BE THE PERPETUAL MAINTENANCE OBLIGATION OF THE AVALON BEACH OWNERS ASSOCIATION, INC., WHICH SHALL ASSESS THE OWNERS OF LOTS 1 AND 2 FOR THE COST THEREOF. THE PEDESTRIAN ACCESS EASEMENT ENCUMBERING LOTS 4 AND 5 SHALL PROVIDE PRIVATE PEDESTRIAN BEACH ACCESS ONLY FOR THE BENEFIT OF LOTS 4 AND 5 AND SHALL BE THE PERPETUAL MAINTENANCE OBLIGATION OF THE AVALON BEACH OWNERS ASSOCIATION, INC., WHICH SHALL ASSESS THE OWNERS OF LOTS 4 AND 5 FOR THE COST THEREOF. 6) DUNE EASEMENT THE DUNE EASEMENT AS SHOWN HEREON IS AN EXISTING DUNE EASEMENT RECORDED IN O.R. BOOK 2735, PAGE 2172, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, AS MODIFIED BY A MODIFICATION OF EASEMENT AGREEMENT APPROVED BY THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS ON 2013 AND RECORDED IN THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. IN WITNESS WHEREOF, UTG AVALON, LLC., HAS CAUSED THESE PRESENTS TO BE SIGNED BY DOUG DITTO, MANAGING MEMBER OF UTG AVALON, LLC, A FLORIDA LIMITED LIABILITY COMPANY, AND ITS CORPORATE SEAL AFFIXED HERETO BY AND WITH THE AUTHORITY OF ITS BOARD OF DIRECTORS THIS DAY OF , 2013. UTG AVALON, LLC, A FLORIDA LIMITED LIABILITY COMPANY, BY: DOUG DITTO MANAGING MEMBER WITNESS PRINTED NAME WITNESS PRINTED NAME ACKNOWLEDGMENT AS TO CERTIFICATE OF DEDICATION STATE OF FLORIDA COUNTY OF ST. LUCIE THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF BY, DOUG DITTO, MANAGING MEMBER OF UTG AVALON, LLC, A FLORIDA LIMITED LIABILITY COMPANY, WHO IS PERSONALLY KNOWN TO ME OR HAS PRODUCED A DRIVER'S LICENSE AS IDENTIFICATION. NOTARY PUBLIC: PRINTED NAME COMMISSION #: MY COMMISSION EXPIRES: CONSENT TO PLATTING BY COUNTY COMMISSIONERS STATE OF FLORIDA COUNTY OF ST. LUCIE IT IS HEREBY CERTIFIED THAT THIS PLAT HAS BEEN OFFICIALLY APPROVED FOR RECORD BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, THIS DAY OF , 2013 mm CHAIRMAN, BOARD OF COUNTY COMMISSIONERS A RE -PLAT OF LOTS 1 -5 AND TRACT A, BLOCK 1, AVALON BEACH P.U.D., PLAT BOOK 55, PAGES 19-21, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, BEING A TRACT OF LAND LYING IN SECTION 3, TOWNSHIP 34 SOUTH, RANGE 40 EAST ST. LUCIE COUNTY, FLORIDA LAND USE - FL ORIDA STA TE PARK ZONING - CPUB D PROJECT T LOCATION LAND USE - VAC RES ZONING - Z PUD-A -AV ON BEACH Q v LAND USE - FL ORIDA STA TE PARK ZONING - CPUB TITLE CERTIFICATION STATE OF FLORIDA COUNTY OF ST. LUCIE z LAND=VAZO m z LAND USE - FL ORIDA STA TE PARK ZONING - CPUB VICINITY MAP NOT TO SCALE WE DEAN, MEAD, MINTON & ZWEMER, MEMBERS OF THE FLORIDA BAR, IN RELIANCE UPON THAT CERTAIN TITLE SEARCH REPORT DATED , ISSUED BY OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY HEREBY CERTIFY THAT AS OF , 2013, AT (M.),. 1) APPARENT RECORD TITLE TO THE LAND DESCRIBED AND SHOWN ON THIS PLAT OF AVALON BEACH P.U.D. UNIT 1 IS IN THE NAME OF THE ENTITIES AND/ OR PERSONS EXECUTING THE DEDICATION HEREON. 2) ALL RECORDED MORTGAGES, NOT SATISFIED OR RELEASED OF RECORD, ENCUMBERING THE LAND DESCRIBED HEREON ARE LISTED AS FOLLOWS: NONE PURSUANT TO FLORIDA STATUTE 197.192, ALL TAXES HAVE BEEN PAID THROUGH THE YEAR 20 DATED THIS DAY OF DEAN, MEAD, MINTON & ZWEMER BY: W. LEE DOBBINS VICE PRESIDENT 1903 S. 25TH ST., SUITE 200 FORT PIERCE, FL. 34947 COUNTY ENGINEER 2013 FLOOD HAZARD WARNING: THIS PROPERTY MAY BE SUBJECT TO FLOODING DURING A 100 YEAR BASE FLOOD EVENT. YOU SHOULD CONTACT LOCAL BUILDING AND ZONING OFFICIALS AND OBTAIN THE LATEST INFORMATION REGARDING FLOOD ELEVATIONS AND RESTRICTIONS ON DEVELOPMENT BEFORE MAKING PLANS FOR THE USE OF THIS PROPERTY. IT IS HEREBY CERTIFIED THAT THIS PLAT MEETS THE MINIMUM SUBDIVISION PLATTING REQUIREMENTS AS SET FORTH IN SECTION 11.03.00 OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE. THIS DAY OF , 2013. BY: MICHAEL V. POWLEY, P.E., LICENSE #47627 2013. COUNTY ENGINEER ST. LUCIE COUNTY, FLORIDA. o PjiiL CLERK TO THE BOARD OF COUNTY COMMISSIONERS COUNTY ATTORNEY IT IS HEREBY CERTIFIED THAT THE FOREGOING PLAT IS APPROVED AS TO FORM AND LEGAL SUFFICIENCY DANIEL S. MCINTYRE COUNTY ATTORNEY ST. LUCIE COUNTY, FLORIDA. COUNTY SURVEYOR AND MAPPER oLESL CHARLES H. BLANCHARD, PSM CLERK'S CERTIFICATION STATE OF FLORIDA COUNTY OF ST. LUCIE I, JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, DO HEREBY CERTIFY THAT I HAVE EXAMINED THIS PLAT OF AVALON BEACH P.U.D. UNIT 1, AND THAT IT COMPLIES WITH ALL THE REQUIREMENTS OF CHAPTER 177 OF THE LAWS OF FLORIDA. THIS PLAT FILED FOR RECORD THIS DAY OF , 2013 AND RECORDED ON PAGE OF PLAT BOOK IN THE OFFICE OF THE CLERK OF CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA JOSEPH E. SMITH, CLERK OF CIRCUIT COURT BY: CLERK OF THE CIRCUIT COURT ST. LUCIE COUNTY, FLORIDA CLERK OF THE CIRCUIT COURT COUNTY ENGINEER SURVEYOR'S CERTIFICATE KNOW ALL MEN BY THESE PRESENTS, THAT THE UNDERSIGNED, BEING A LICENSED AND REGISTERED SURVEYOR AND MAPPER, DOES HEREBY CERTIFY THAT ON MAY 3, 2012 AND UPDATED JANUARY 31, 2013, HE COMPLETED THE SURVEY OF THE LANDS AS SHOWN IN THE FORGOING PLAT; THAT SAID PLAT IS A CORRECT REPRESENTATION OF THE LANDS THEREIN DESCRIBED AND PLATTED OR SUBDIVIDED; THAT PERMANENT REFERENCE MONUMENTS AND ALL LOT CORNERS HAVE BEEN PLACED AND EACH PCP WILL BE SET AS SHOWN THEREON AS REQUIRED BY CHAPTER 177, FLORIDA STATUTES, PART 1, AS AMENDED, AND THAT SAID LAND IS LOCATED IN ST. LUCIE COUNTY, FLORIDA. DATE CHARLES H, BLANCHARD, P.S.M. FLORIDA CERTIFICATE NO.5755 HOUSTON, SCHULKE, BITTLE & STODDARD, INC. D/B/A MERIDIAN LAND SURVEYORS 1717 INDIAN RIVER BOULEVARD SUITE 201, VERO BEACH, FLORIDA 32960 STATE OF FLORIDA CERTIFICATE OF AUTHORIZATION NO. LB. 6905 SURVEYOR'S NOTES 1) THE PARCEL OF LAND SHOWN HEREON APPEARS TO BE IN FLOOD ZONES X, AO-1, AO-2, VE-14, PER FLOOD INSURANCE RATE MAP #12111 C0087 J, DATED FEBRUARY 16, 2012 2) THE BEARING BASE FOR THIS SURVEY IS A GRID BEARING OF N19°45'28"W BETWEEN THE NATIONAL GEODETIC SURVEY CONTROL MONUMENT 94-77-A38 AND CONTROL MONUMENT 94-77-A40. BASED ON THE NAD 83 NGS FINAL ADJUSTMENT OF 1990 FOR FLORIDA EAST ZONE, 901.3) THE ELEVATIONS SHOWN HEREON ARE BASED ON THE NORTH AMERICAN VERTICAL DATUM (NAVD) OF 1988. THE BENCHMARK IS ST. LUCIE COUNTY GPS CONTROL MONUMENT "GPS-152" ELEV.=14.23' (NAVD 1988) 3) THE CONVERSION FACTOR FOR NAVD 1988 TO NGVD 1929 IS +1.48'. THIS WAS DETERMINED USING CORPSCON FOR WINDOWS. VERSION 5.11.08. 4) PERMANENT REFERENCE MONUMENTS SET ARE 4" X 4" CONCRETE MONUMENTS WITH MAG NAIL AND BRASS DISC STAMPED "PRM HSBS LB 6905" UNLESS OTHERWISE NOTED. 5) PERMANENT CONTROL POINTS SET ARE MAG NAILS WITH BRASS DISC STAMPED "PCP HSBS LB 6905". 6) PARCEL CORNER MARKERS SET ARE 5/8" IRON ROD WITH CAP STAMPED HSBS LB 6905. 7) TIES TO GOVERNMENT CORNERS AND ST. LUCIE COUNTY HORIZONTAL CONTROL NETWORK MONUMENTS CONFORM TO FGCC THIRD ORDER CLASS 1 STANDARDS. 8) UNLESS OTHERWISE INDICATED ALL LOT LINES ARE RADIAL. COUNTY SURVEYOR APPROVAL SATE OF FLORIDA COUNTY OF ST. LUCIE IT IS HEREBY CERTIFIED THAT THE UNDERSIGNED SURVEYOR AND MAPPER DULY LICENSED IN THE STATE OF FLORIDA HAS REVIEWED THIS PLAT FOR CONFORMITY WITH THE REQUIREMENTS OF CHAPTER 177 PART 1, FLORIDA STATUTES. DATE RONALD H. HARRIS, PLS # 4198 COUNTY SURVEYOR ST. LUCIE COUNTY, FLORIDA PLANNING AND DEVELOPMENT SERVICES APPROVAL IT IS HEREBY CERTIFIED THAT THIS PLAT MEETS THE MINIMUM LOT DIMENSION REQUIREMENT OF THE PUD ZONING DISTRICT, AS SET FORTH IN SECTION 7.01.00 OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE THIS DAY OF , 2013 MARK SATTERLEE DIRECTOR OF PLANNING AND DEVELOPMENT SERVICES ST. LUCIE COUNTY, FLORIDA. LEGAL DESCRIPTION A PORTION OF LAND LYING IN GOVERNMENT LOT 4, SECTION 3, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA. MORE PARTICULARLLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF BLOCK 1 OF THE AVALON BEACH P.U.D., AS RECORDED IN PLAT BOOK 55 AT PAGES 19-21 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID POINT ALSO BEING ON THE EAST RIGHT OF WAY LINE OF STATE ROAD A-1-A (100' RIGHT OF WAY); THENCE RUN N18°01'47"W ALONG SAID EAST RIGHT OF WAY LINE OF STATE ROAD A-1-A, A DISTANCE OF 314.33 FEET TO THE NORTHWEST CORNER OF SAID BLOCK 1, AVALON BEACH P.U.D.; THENCE LEAVING SAID EAST RIGHT OF WAY LINE OF STATE ROAD A-1-A RUN N89°20'13"E ALONG THE NORTH LINE OF SAID AVALON BEACH P.U.D, A DISTANCE OF 513.54 FEET TO A POINT ON THE MEAN HIGH WATER LINE AS LOCATED ON 1/31/13 (ELEVATION 0.40' NAVD); THENCE LEAVING SAID NORTH LINE OF AVALON BEACH P.U.D. RUN S15047'44"E, ALONG THE SAID MEAN HIGH WATER LINE A DISTANCE OF 100.08 FEET; THENCE CONTINUING ALONG SAID MEAN HIGH WATER LINE RUN S19006'38"E, A DISTANCE OF 87.59 FEET; THENCE CONTINUING ALONG SAID MEAN HIGH WATER LINE RUN S19°18'24"E, A DISTANCE OF 76.57 FEET; THENCE CONTINUING ALONG SAID MEAN HIGH WATER LINE RUN S13054'57"E, A DISTANCE OF 49.06 FEET TO A POINT ON THE SOUTH LINE EXTENDED EASTERLY OF SAID AVALON BEACH P.U.D.; THENCE LEAVING SAID MEAN HIGH WATER LINE, RUN S89020'13"W ALONG THE SOUTH LINE OF SAID AVALON BEACH P.U.D. A DISTANCE OF 509.28 FEET TO THE POINT OF BEGINNING. SAID LAND CONTAINS 153374.50 SQ. FT. (3.52 AC.) MORE OR LESS. PREPARED BY: CHARLES H. BLANCHARD PSM# 5755 FOR MERIDIAN LAND SURVEYORS PREPARATION DATE: 7/18/12 REVISIONS NO. DATE DESCRIPTION 3 216113 REVISE MHWL 2 11126112 1 ADD PEDESTRIAN ACCESS EASEMENTS 1 9128112 REVISE CENTERLINE PCP'S NOTICE: THIS PLAT, AS RECORDED IN ITS GRAPHIC FORM, IS THE OFFICIAL DEPICTION OF THE SUBDIVIDED LANDS DESCRIBED HEREIN AND WILL IN NO CIRCUMSTANCES BE SUPPLANTED IN AUTHORITY BY ANY OTHER GRAPHIC OR DIGITAL FORM OF THE PLAT. L:\06-186_avalon on the beach\PLAT\06-186-AVALON-REPLAT_4-16-13.dwg, 4/26/2013 10:52*52 AM a� d 06 (;uawisnfpv jofew and 4oeaa uoleAV : £04-£40Z-S32f) ;eldeN fueulwilaad :;u0wLI3ellV 0 Cl) N a m m a LOT 2 LOT I OCEAN ESTATES DF AVALON BEACH F.U.D. PLA T BOOK 55, PAGES 19-21 ST. LUCIE COUNTY, FL ORIDA OCEAN ESTATES DRIVE WON NOTICE: AVALON BEACH P.U.D. A RE -PLAT OF LOTS 1 -5 AND TRACT A, BLOCK 1, AVALON BEACH P.U.D., PLAT BOOK 55, PAGES 19-21, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, BEING A TRACT OF LAND LYING IN SECTION 3, TOWNSHIP 34 SOUTH, RANGE 40 EAST ST. LUCIE COUNTY, FLORIDA BENCHMARK DEPARTMENT OF ENVIRONMENTAL PROTECTION CONTROL MONUMENT: 94-77-A40 \ ELEVATION = 2.45' NAVD 1988. \ fELEVATION = 3.93' NVGD 1929 ST. LUCIE COUNTY GPS N 1176042.6719 CONTROL MONUMENT- "GPS-152" \ E 874143.9997 ELEVATION = 14.23' NAVD 1988. \ \ ELEVATION = 15.71 NVGD 1929 \ \ Q N 1173543.1300 \ E 875055 4000 CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD BEARING CHORD DIST. C-1 23.56 15.00' 90000'00" N26058'13"E 21.21' C-2 23.56' 15.00' 90000'00" N63001'47"W 21.21' \x N 1170264.5562 E 876241.7051 UNPLA TTED BENCHMARK \ \ \ \ \ \ SET PRM ABBREVIATIONS C.M. = CONCRETE MONUMENT L = CHORD LENGTH I.D. = IDENTIFICATION PCP = PERMANENT CONTROL POINT PRM = PERMANENT REFERENCE MONUMENT FD. = FOUND ELEV.=ELEVATION IRC = IRON ROD & CAP P.B. = PLAT BOOK PG. = PAGE OA = OVERALL P.S.M. = PROFESSIONAL SURVEYOR & MAPPER N.G.V.D.= NATIONAL GEODETIC VERTICAL DATUM \ \ LBO 6905 N.A.V.D.= NORTH AN VERTICALL DATUM PB.= PLAT BOOK \ FD PRM ` \ ` ELEV. =12.38 (NA VD 1988) N89°20'13"E 513.54' OA \ \ \ \ \ (NORTHWEST CORNER BLOCK 1) 1V89°20'13"E 429.71 ' LOT 1 OA O.R.B.= OFFICIAL RECORD BOOK \ LB#4286 \ _ ) NORTH LINE AVALON BEACH P.U.D. PG. -PAGE I SPOB = POINT OF BEGINNING rr q 9° '13"W 1942.57' 52.39' S.7 5.7 22. 9' 148.55' + + + 148.18 + + + I 1 >0.69 POC = POINT OF COMMENCEMENT • \ \ + + + + + + v, + + + + + + + + R/W = RIGHT-OF-WAY ` N18°01'47"W 10. \ o + + + + + + �\ cam„ L.B. =LAND SURVEYING BUSINESS ` \ cr \ N\ o + LOT J + + + + /+ + + + + + + + z P/K = PARKER KALON a, \\ SET P/K NAIL do DISK + + + 8' WIDE PEDESTRIAN \ m R/W =RIGHT OF WAY N z LSj 6905 (TYP.) ACCESS EASEMENT DIST. = DISTANCE \ \ + + + + rt rt + v + + + + + + + y Q TYP. = TYPICAL \ w o\ - + -+ - - - -- -� �`--- - -7--I � 14774 W P.U.D. = PLANNED URBAN DEVELOPMENT SYMBOL LEGEND FOUND 4"x4" CONCRETE PERMANENT REFERENCE MONUMENT (PRM) STAMPED "LB# 4286" O LOT CORNER MARKER, 5/8" IRC, LB#6905 STAMPED "LB#6905" p SET P/K NAIL & DISK STAMPED "LB#6905" QQ PERMANENT CONTROL POINT (PCP) STAMPED "LB#6905" TRACT-OST1 20\91'_-_-+--+--- `\ \ z 188 C ASTAL CONSTRUCTION -+ - �I89-26-16 F427-6fr(OAf N� + + o \ o i i + ++• \\ 50.00 \ \\ \\a� CONT L LINE ACCORDING TO E �\ + + EXISTING DUNE EASEMENT RECORDED IN �,� + + + MEAN HIGH WATERLINE � Cl \ PLAT EREOF AS RECORDED l z � 5020 D 1 THIS PLAT, AS RECORDED IN ITS GRAPHIC FORM, IS THE OFFICIAL DEPICTION OF THE SUBDIVIDED LANDS DESCRIBED HEREIN AND WILL IN NO CIRCUMSTANCES BE SUPPLANTED IN AUTHORITY BY ANY OTHER GRAPHIC OR DIGITAL FORM OF THE PLAT. PLA T B OK 26, PAGE 26A-L, 0 \\ 3y,00 1 \\ _\ THE PUB /C RECORDS OF ST. LUCI \ SET PCP COUNTY, L ORIDA. 100' 00 \ \ w LB# 6905 (TYP.) \ 19.53' �' 146.92 ` o - 00' \\ AVALON BEACH vv 6y `\ z s11°y813 0 o\\N SET 5/8"1RC P.U.D. UNIT ��\ > _� �rn \ LB 6905 (TYP.) 1\Y4' 11.35 8146.11' 3y 00' c2 -/ � �\ O \ � 1 >.44' 7 17. $3' z 7� \� ✓ \n o\ \�\\ _ \0 1 \o o � C') 7 10' UTILITY o \ EASEMENT O O \ \ - \ 16.45' \ \ TRACT-OST2 t \ D.E.P. CONTRO MONUMENl1 o ?\ 94-77-A38 - NOT 7UND N 1170010.7830 \ o j o D \ o \ E 876310.5832 \ 15 4- I cry\ O N FD PRM \ 1 .671 \�+� \ LB#4286 \ �� 0 \ 52.39' S89 2013 'W Zia 72' SET PRM L B�6905 P.O.B. \ "WITNESS" \ (SOUTHWEST CORNER BLOCK 1) \\ (2'OF_SF T EAST) \ \ z\ \ N 1169965 66JJ \ \ E 876338.9928 N \ \ v \ N\ o\ N\ D.O.T. CONTROL MONUMENT \ 94-07-CO3-FL-DOT \ N 1167994.3274 E 876833.9179 TRACT A 1 145.92' 0 0 0 0 � N N O O z z \m 0 0 - 145.11' 145.28 o `+/ 0. R. BOOK 2735, PAGE 2172, PUBLIC / + + - OT 2 7� RECORDS OF ST. L UCIE COUNTY, N + + + ELEV. = 0. 4 NA VD 1988 /+ FL ORIDA. + + + L OCA TED 1/31/13 \�- + + + + �+ / + + + + + + + + + + 147.94' 1 + + + 11 .24' N N89020'13"E 425.62'(OA) + + + + + + + + + + \�� rt fi + + + + + + + O oA��/ + + + + + + + + + + + + o o�LOT 6 + + + + + o + ` U, �\ + + + + + + N\+ + + m + + + + + + + + - + - + + + + + + + N89 20 13 E 426.63 (OA) 113.61 cA 11.30 � TRACT A 1- >48.76' 148.95' +L + + 11.35 + + + + + 11.51 ' c> N89 °20' 13 "E 426.85'(OA) 114.15' + + + + N ' O D o + + �'78 COASTAL CONSTRUCTION + + + + + + + + + + n o + + + + + CONTROL LINE ACCORDING TO THE , z z v, + + vo\ cn + + + + + + + + z m m LOT 3 PLA T THEREOF, AS RECORDED IN + N o PLA T BOOK 19 PAGE 8A-G OF THE PUBLIC RECORDS OF ST. L UCIE + + -+ N A- COUNTY, FL ORIDA. - `� 116. 62' - 1 + 149.77 + + + + + + N89°20'13"E 427.95'(OA) - + + + N DUNE EASEMENT AS MODIFIED BY N T rt + + + Cz + MODIFICA TION OF EASEMENT AGREEMENT + m + + + + + + v, V APPROVED BY THE ST. LUCIE COUNTY + + + + BOARD OF COUNTY COMMISSIONERS ON +� LOT 4 � - + + 8' WIDE PEDESTRIAN + N� 201.3 AND �'- + + + ACCESS EASEMENT + + RECORDED IN THE PUBLIC RECORDS OF + N + + +� �+ + ST LUCIE COUNTY, FL ORIDA. - - --N-96�'- - -� - ------1tc, 1�'-------- � z + + + /+/ + + + + + + + + + + + + W, w + MEAN HIGH WA TER LINE AS SHOWN - + + o\ •N ON PLA T BOOK 55, PAGES 19-211 + \ + + +\ + + + + + + o v_ o o LOT 51 ST LUCIE COUNTY, FL ORIDA. + + "'- 41 D + L OCA TED 121241200J + + + + � + + + + + + C9 + + /14 / 1 + + + + + + 116.84' + rn >46.56' S °20'13"W 425.45' (LOT 5 A) SOUTH LINE OF GOVERNMENT LOT 4, SEC.3-34-40 89020'13"W 509.28'(OA) AND THE SOUTH LINE OF AVALON P.U.D. UNPLA TIED GRAPHIC SCALE 30 0 15 30 60 ( IN FEET ) 1 inch = 30 ft. PREPARED BY: CHARLES H. BLANCHARD FOR MERIDIAN LAND SURVEYORS PREPARATION DATE: 7/18/12 REVISIONS NO. DATE DESCRIPTION 3 210113 REVISE MHWL 2 11126112 ADD PEDESTRIAN A CCESS EASEMENTS 1 1 9128112 REVISE CENTERLINEPCP'S L:\06-186_avalon on the beach\PLAT\06-186-AVALON-REPLAT_4-16-13.dwg, 4/26/2013 10:55*20 AM (Iuewlsnfpd aofew and yoea8 UOIBAV : £06-£60Z-S3N) Vl,V jo epls }sane etp jo AeAJnS :Iuew14oe;;V DEPARTMENT OF ENVIRONMENTAL PROTECTION \ CONTROL MONUMENT: 94-77-A40 ELEVATION = 2.45' NAVD 1988. ELEVATION = 3.93' NVGD 1929 �\ INDIAN RIVER COUNTY GPS E8741143.9997 1176042.6719 \� CONTROL MONUMENT: "GPS-152" A N 1173543.1300 E 875055.4000 SET PRY �79 sjoff' LB# 6905 (NORTHWEST CORNER BLOCK 1) CATC \ 2 N 1170264.5562 S89' '13"W 1942.57' _ E 876241.7051 �— COLUMN 83.83' FD PRM , OLUMN� —� LB14286 CLEAR 0.13�ELEAR SANITARY/13 ADS GATE VAL l/E 1.5 1.5' COLUMNS17 \ (T) C A I D COLUMN --A o � � D 0. 15CLEAR o o \ I\ o D m a a\ m o \ \ Z\ \ \ \ 50' COLUMN \ 0.08'CLEAR \ I \ 50,00\ FD P/K N � TH #221 .Oro 2' COLUMN o UNPLA TIED SET P/K NAIL & DISK LB# 6905 loll \FDIRC 10" 14" IS/N 4. 94 N89 °20' 13 "E 513. 54' (OA) ® N89 °20'13 "E 429.71 ' (LOT 1 OA) 22. 9' 148.55' FD PRM ® SET 5/8" IRC L914286 \ CATCH\ ASIN \LBI 905 o\ \ \ LOT BLOCK I \ TRA SFORME �\ PAD D\ \ \ z P/K MV IL & K PLS-1 ¢36 W \\ N LOT 2 AVALON 15 A H F.U.D. BLOCK \ \ PLA T BOOK 55, PA ES 19-21 m �1 v 'RR COASTAL CONSTRUCTION CONTROL LINE ' \ \ o ACCORDING TO THE PLAT THEREOF, AS RECORDE 100-00 m \ �\ IN PLAT BOOK 6, PAGE 26A--L, OF THE PUBLIC_ v, ZCURB- RECORDS OF S LUCIE COUNTY, FLORIDA. NEApER \ �\ ) FD CULRO \ \ o� Z N0� E \ \'? ROTRANSFRMEo o o po 0KD 0KD z o ''All a N N V-A O OSANITARY o z\C) GATE SAL t/E \ '\ o Z m m m m UlN \ \ N m D DO p m O REPORT OF SURVEY: * TYPE OF SURVEY: BOUNDARY * THIS SURVEY PERFORMED BY: ® \ \ GONG. MERIDIAN LAND SURVEYORS 1717-INDIAN RIVER BLVD., SUITE: 201 RED o VERO BEACH, FLORIDA 32960 �ji COVERCONG, * PROFESSIONAL SURVEYOR & MAPPER IN RESPONSIBLE CHARGE: \ v CHARLES H. BLANCHARD P.S.M. #5755 o \ * THE EXPECTED USE OF THE LAND, AS CLASSIFIED IN THE MINIMUM 7,/, TECHNICAL STANDARDS (5J-17.051, FAC) IS SUBURBAN. THE MINIMU RELATIVE ACCURACY FOR THIS TYPE OF BOUNDARY SURVEY IS 1 FO T 7 \ I J \ IN 7,500. THE MEASUREMENT AND CALCULATION OF A CLOSED GEOMETRIC FIGURE WAS FOUND TO BE IN EXCESS OF THIS ACCURAC G * THIS SURVEY MEETS ALL APPLICABLE REQUIREMENTS OF THE FLORIDA W 1 MINIMUM TECHNICAL STANDARDS AS CONTAINED IN 5J-17.51, FAC. \ 7 COLUMN 1 \ * ELEVATIONS AND DIMENSIONS SHOWN HEREON ARE MEASURED IN FEET 0.07'CLEAR� \ AND DECIMAL PARTS THEREOF. W 1 W * THE LAST DATE OF FIELD WORK WAS: 6/10/12 Q \ AOS \ �� * THE BEARING BASE FOR THIS SURVEY IS A GRID BEARING OF N19'45'28"W fig" �� \ BETWEEN THE NATIONAL GEODETIC SURVEY CONTROL MONUMENT 94-77-A \ \ \O AND CONTROL MONUMENT 94 77 A40. BASED ON THE NAD 83 NGS FINAL ADJUSTMENT OF 1990 FOR FLORIDA EAST ZONE, 901. m 0 * THE HORIZONTAL VALUES SHOWN HEREON REFER TO THE STATE PLANE COORDINATE SYSTEM, FLORIDA EAST ZONE 901, NAD 83 (NGS FINAL COLUMN a z \ 1 \ ADJUSTMENT OF 1990). BASED ON CORPSCON CONVERSION SOFTWARE. \ DEPARTMENT OF 0.12CLm EAR \ * THIS SURVEY DOES NOT CERTIFY TO THE EXISTENCE OR LOCATION OF ANY ENVIRONMENTAL PROTECTION \ 3 UNDERGROUND IMPROVEMENTS: UTILITIES, FOUNDATIONS, OR ENCROACHMENTS, \ \ CONTROL MONUMENT: 94-77-A38 o 1 \ EXCEPT AS SHOWN. \ om * NO INSTRUMENTS OF RECORD REGARDING EASEMENTS, RIGHT-OF-WAYS, NOT FD OR OWNERSHIP WERE SUPPLIED TO THIS SURVEYOR, EXCEPT AS SHOWN. N 1170010.7830 z \ \ z \ * UNLESS OTHERWISE INDICATED, FOUND MONUMENTATION. IS UNIDENTIFIED. E 876310.5832 \ m \ \ \ m\ * THE PARCEL OF LAND SHOWN HEREON APPEARS TO BE IN FLOOD ZONES X AO-1, AO-2, VE-14, PER FLOOD INSURANCE RATE MAP #12111CO087 J, DATED o \ FEBRUARY 16, 2012 \ COLUMN 0.17'CLEAR m \ a LEGAL DESCRIPTION: A PORTION OF LAND LYING IN GOVERNMENT LOT 4, SECTION 3, TOWNSHIP 34 cp., SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA. MORE PARTICULARLLY DESCRIBED AS FOLLOWS: a BEGINNING AT THE SOUTHWEST CORNER OF BLOCK 1 OF THE AVALON BEACH P.U.D., AS RECORDED IN PLAT BOOK 55 AT PAGES 19-21 OF THE PUBLIC RECORDS \� O OF ST. LUCIE COUNTY, FLORIDA, SAID POINT ALSO BEING ON THE EAST RIGHT OF \ SANITA O WAY LINE OF STATE ROAD A-1-A (100' RIGHT OF WAY); THENCE RUN N18'01'47"W GATE VA VES ALONG SAID EAST RIGHT OF WAY LINE OF STATE ROAD A-1-A, A DISTANCE OF LLIFT STATION 314.33 FEET TO THE NORTHWEST CORNER OF SAID BLOCK 1, AVALON BEACH COLUMN 0.28CLEAR P.U.D.; THENCE LEAVING SAID EAST RIGHT OF WAY LINE OF STATE ROAD A-1-A RUN N89'20'13"E ALONG THE NORTH LINE OF SAID AVALON BEACH P.U.D, A _ 83.83' DISTANCE OF 513.54 FEET TO A POINT ON THE MEAN HIGH WATER LINE AS S89201 "W 20 2 THE \ \ \ \ MULCHED BEACH PATH TRANSFPADER LOT 3 \ BLOCK \ 10' UTILITY \ EASEMENT �\ \ 5100 LOT 4 LOCATED ON 1/31/13 (ELEVATION 0.40' NAVD); THENCE LEAVING SAID NORTH LINE FD PRM SET PRY & DISK OF AVALON BEACH P.U.D. RUN S15'47'44"E, ALONG THE SAID MEAN HIGH WATER LB14286 \ P.O.B. "WITN-SS " OUTHWEST LB# 6905 LINE A DISTANCE OF 100.08 FEET; THENCE CONTINUING ALONG SAID MEAN HIGH ORNER 2' OFFSET EAST WATER LINE RUN S19°06'38"E, A DISTANCE OF 87.59 FEET; THENCE CONTINUING BLOCK 1) ALONG SAID MEAN HIGH WATER LINE RUN S19'18'24"E, A DISTANCE OF 76.57 FEET; N 1169965.6633 COLUMN 0.20CLEAR THENCE CONTINUING ALONG SAID MEAN HIGH WATER LINE RUN S13'54'57"E, A \ E 816996566J DISTANCE OF 49.06 FEET TO A POINT ON THE SOUTH LINE EXTENDED EASTERLY D.O.T. CONTROL MONUMENT OF SAID AVALON BEACH P.U.D.; THENCE LEAVING SAID MEAN HIGH WATER LINE, 94-07-CO3-FL-DOT O RUN S89'20'13"W ALONG THE SOUTH LINE OF SAID AVALON BEACH P.U.D. A N 1167994.3274 DISTANCE OF 509.28 FEET TO THE POINT OF BEGINNING. E 876833.9179 SAID LAND CONTAINS 153374.50 SQ. FT. (3.52 AC.) MORE OR LESS. \ 0 \� \ \ I N N N IRC SET 518" LB# 6905 LB# 6905 /R �- TRANSFORMER PAD (1.510VER LINE) CO VD WALK IRS LOT 5 BLOCK SEA ONA HlG WA T , E V. _ . 6' N VD 1 88, OCA D 6/5/1 / — — --f — - / EXISDUNE EA MENT AS ro�l PA S92ADO..B.275,D COY,UBLIC1RECO S�(HA Tel A) '7 CO ST CO �TR TZ8A/� CO RO LINES CC DIN TO HELATE OF AS ECO ED IN LA B00 19 PA G, T PU ELIC CO S STY LU C NT , FL ID W o � W Z O CO 3 STOR Y CBS RESIDENCE \ MEA11V HIGVI W ER NE 1AS S 0 O PLA BO K 5, PA E 2 ST. UCIE COU TY, LOR A. L O ATE 12/ 4/2 03 T A T II II / MMMMMM11 \\ z � vm CST', \ cr � z � m � ­4/ ray 146.56' - S89 °20'13 "W 425.45' (LOT 5 OA) FD PRY S89 °20'13 "W 509.28' (OA) LB# 4286 UNPLATTED CERTIFIED TO: 1) SHANER OPPORTUNITY FUND, LP 2) TITLE RESOURCES GUARANTY COMPANY 3) GOULD COOKSEY FENNELL, P.A O O MEAN HIGH WA TERLINE ELEV. = 0.4' NAVD 1988 L 0CA TED 1/31/13 O O Z) N O z m I c11 L4 0 CID CID ca m v O A I \ rn w N N Legena 6, /ADDrevlauons: (symDOIS not scaleaDle Tor size) PLS PROFESSIONAL LAND SURVEYOR E GUY WIRE \ PSM PROFESSIONAL SURVEYOR & MAPPER WOOD UTILITY POLE LB LAND SURVEYING BUSINESS ® TELEPHONE SERVICE / a CENTERLINE ® CABLE T.V. BOX R RADIUS ® ELECTRIC BOX L LENGTH LIGHT POST E/P EDGE OF PAVEMENT ® WELL B/C BACK OF CURB HYDRANT B.M. BENCHMARK DQ GATE VALVE POC POINT OF COMMENCEMENT IRRIGATION VALVE POB POINT OF BEGINNING ® WATER METER 0 PERMANENT CONTROL POINT (PCP) SANITARY MANHOLE O PERMANENT REFERENCE MONUMENT (PRIM) ® SANITARY SERVICE O IRON PIPE (IP) 0 DRAINAGE MANHOLE 0 IRON ROD & CAP (IRC) ❑® SURFACE INLET O CONCRETE MONUMENT (CM) DRAINAGE FD FOUND -� STREET SIGN (M) MEASURED R/W RIGHT OF WAY F.F. FINISH FLOOR TYP TYPICAL / CCCL COASTAL CONSTRUCTION CONTROL LINE IRC IRON ROD AND CAP 0 YARD DRAIN PRM 4"X4" PERMANENT REFERENCE MONUMENT MITERED END SECTION EL.= ELEVATION 19 P/K PARKER-KAYLON PALM TREE W/ DIA. \ 14�138' SOUTH LINE OF GOVERNMENT LOT 4, SEC.3-34-40 W 0 d m O _1) GRAPHIC S ALE 20 0 10 2 40 ( IN FEET 1 inch = 20 ft. MERIDIAN LAND SURVEYORS 1717 Indian River Blvd., Suite 201 Vero Beach, FL 32960 Phone: 772-794-1213 Fax: 772-794-1096 Email: lb6905@bellsouth.net TYPE: BOUNDARY REVISIONS PLA T OF S UR VE Y FOR: SHANER OPPORTUNITY FUND, LP THIS SURVEYIS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE FLORIDA LICENSED SUR VEYOR AND MAPPER NAMED BELOW. CHARLES H. BLANCHARD P. S.M #5755 PROJECT# 06-186- OVERALL 4. 04-02-13 REVISE PER DR 3-27-13 CHB DA TE. 6119112 F.B. PG. 3. 02-06-13 REVISED MHWL EJH DRAWNY. B• EJH 2. 01-15-13 REVISED PER COUNTY SURVEYOR CHB CHECKED BY.• CHB 1. 10-18-12 ADD CERTIFICTIONS CHB SCALE: 1:20 SHEET.- 1 OF 1 NO. DATE DESCRIPTION BY L\06-186_avalon on the beach\OVERALL B0UNDARY\06-186_0A-B0UNDARY_WITH CERTS-REV_MHWL.dwg, 4/16/2013 2.46:59 PM 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 1 EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT J SAINT LUCIE COUNTY FILE # 2748244 11/21/2005 at 01:25 PM OR 1300K 2418 PAGE 942 _ %4 Doc Type: RESO RECORDING: $112.00 �t1 RESOLUTION 05-356 FILE NO: PUD-05-002/RZ-04-014/PUD-04-04-012 8.A.1.g A RESOLUTION GRANTING A CHANGE IN ZONING FROM THE HIRD (HUTCHINSON ISLAND RESIDENTIAL DISTRICT) ZONING DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT - OCEAN ESTATES) ZONING DISTRICT AND FINAL PLANNED DEVELOPMENT SITE PLAN APPROVAL FOR THE PROJECT TO BE KNOWN AS OCEAN ESTATES - PUD WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including, but not limited to the staff report, has made the following determinations: CHANGE IN ZONING Vero Ocean Partners, LLC, presented a petition for a Change in Zoning from the HIRD (Hutchinson Island Residential District) Zoning District to the PUD (Planned Unit Development — Ocean Estates) Zoning District and Final Planned Development Site Plan Approval for the project to be known as Ocean Estates — PUD, consisting of 38 single- family homes on 15.83 acres of property located on the west and east sides of North SR A-1-A, between North and South Avalon State Park depicted on the attached maps as Exhibit "A" and described in Part "B" below. 2. The Development Review Committee has reviewed the site plan for the proposed project and found it to meet minimum technical requirements. 3. On August 19, 2004, the St. Lucie County Planning and Zoning Commission held a public hearing, of which due public notice was published and mailed to all property owners within 500 feet at least 10 days prior to the hearing, and recommended to the Board of County Commissioners that Preliminary Planned Development Site Plan approval forthe project to be known as Ocean Estates be granted. 4. On October 19, 2004, the St. Lucie County Board of County Commissioners held a public hearing, of which due public notice was published and mailed to all property owners within 500 feet at least 10 days prior to the hearing, and granted Preliminary Planned Development Site Plan approval for the project to be known Ocean Estates. 5. On November 8, 2005, this Board held a public hearing on the petition, after publishing a notice of such hearing and notifying by mail all owners of property within 500 feet of the subject property for the purpose of considering the granting of Final Development Site Plan approval for the project to be known Ocean Estates - PUD, located on the property described below. File No.: PUD-05-002/RZ-04-014/PUD-04-012 November 8, 2005 Resolution 05-356 Page 1 Packet Pg. 232 8.A.1.g 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 6. The proposed Change in Zoning is consistent with the St. Lucie County Comprehensive Plan and meets the requirements of Section 11.06.03 of the St. Lucie County Land Development Code. SITE PLAN 7. The petitioner is proposing the construction of 38 single-family homes, 32 west of SR A-1- A and 6 east of SR A-1-A for property located on the east and west sides of North SR A-1- A, between North and South Avalon State Park. 8. The Development Review Committee has reviewed the site plan for the proposed project and found it to meet minimum technical requirements. 9. On August 19, 2004, the St. Lucie County Planning and Zoning Commission held a public hearing, of which due public notice was published and mailed to all property owners within 500 feet at least 10 days prior to the hearing, and recommended to the Board of County Commissioners that Preliminary Planned Development Site Plan approval for the project to be known as Ocean Estates be granted. 10. On October 19, 2004, the St. Lucie County Board of County Commissioners held a public hearing, of which due public notice was published and mailed to all property owners within 500 feet at least 10 days prior to the hearing, and granted Preliminary Planned Development Site Plan approval for the project to be known Ocean Estates. 11. On November 8, 2005, this Board held a public hearing on the petition, after publishing a notice of such hearing and notifying by mail all owners of property within 500 feet of the subject property for the purpose of considering the granting of Final Planned Development Site Plan approval for the project to be known as Ocean Estates - PUD, to be located on the property described below. 12. The proposed project is consistent with the general purpose, goals, objectives, and standards of the St. Lucie County Land Development Code, the St. Lucie County Comprehensive Plan, and the Code of Ordinances of St. Lucie County. 13. The proposed project will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety, and general welfare. 14. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through building design, site design, landscaping, and screening. 15. The proposed project will be constructed, arranged, and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. File No.: PUD-05-002/RZ-04-014/PUD-04-012 Resolution 05-356 November 8, 2005 Page 2 Packet Pg. 233 8.A.1.g 3 10 11 12 13 ]. 4 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 16. The proposed project will be served by adequate public facilities and services. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 11.02.05 of the St. Lucie County Land Development Code, the Final Site Plan for the project to be known as Ocean Estates - A Planned Unit Development be, and the same is hereby approved as shown on the site plan drawings for the project prepared by the Houston Cuozzo Group, Inc., dated July 28, 2005, and date stamped received by the St. Lucie County Growth Management Director on July 29, 2005, for the property described below, subject to the following conditions: No two adjoining homes shall have the same front architectural elevation. Pursuant to Section 3.01.03(AA)(7)(A) of the St. Lucie County Land Development Code, the first twelve (12) units of this project will be subject to only the standard road impact fee for the type of proposed construction. The remaining twenty-six (26) units will be subject to the Alternate Development Fee of $2,336 per dwelling unit, which includes the required road impact fee. All 38 units will be subject to all other required impact fees and any other fee or assessment that St. Lucie County may lawfully assess. 3. Prior to Final Plat approval for this project, the developers, their successors or assigns, shall have entered into an enforceable utility service agreement with St. Lucie County Utilities to ensure the provision of water and sewer services. This agreement shall be in a form consistent with St. Lucie County regulations regarding utility service extensions and service provisions. 4. The irrigation system within this project shall be designed to accept reuse water from the St. Lucie County Utilities as the preferred method of irrigation. 5. Prior to the issuance of any land clearing permits for the Ocean Estates development, the developers, their successors or assigns, shall clearly delineate all areas to be preserved and/or protected. Delineation shall be either the placing of silt fencing, safety fencing or similar type of materials. Flagging shall not be used except as a guide for the installation of the fencing materials. All land clearing activities shall be in accordance to the specific conditions/standards outlined in the Land Clearing Permit. B. The property on which this Final Planned Development Site Plan approval is being granted is described as follows: PARCEL 1 BEGINNING AT THE INTERSECTION OF THE SOUTH BOUNDARY OF GOVERNMENT LOT 4, SECTION 3, TOWNSHIP 34 SOUTH, RANGE 40 EAST, AND THE EAST BOUNDARY OF PRESENT COUNT ROAD RIGHT-OF-WAY, THENCE NORTHWESTERLY ALONG SAID RIGHT- OF-WAY 100 FEET AND RUN THENCE EAST, PARALLEL WITH THE SOUTH BOUNDARY OF File No.: PUD-05-002/RZ-04-014/PUD-04-012 November 8, 2005 Resolution 05-356 Page 3 Packet Pg. 234 8.A.1.g 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 SAID LOT 4, 390 FEET MORE OR LESS TO THE ATLANTIC OCEAN; THENCE, RUN SOUTHERLY MEANDERING THE OCEAN SHORELINE TO THE SOUTH BOUNDARY OF SAID LOT 4; THENCE, WEST ALONG SAID SOUTH BOUNDARY 389 FEET MORE OR LESS TO THE POINT OF BEGINNING. SAID LANDS LYING AND SITUATED IN ST. LUCIE COUNTY, FLORIDA. PARCEL 2 THE SOUTH 300 FEET OF THE SOUTHEAST'/4 OF THE NORTHWEST'/4 OF SECTION 3, TOWNSHIP 34 SOUTH, RANGE 40 EAST AND THE SOUTH 300 FEET OF GOVERNMENT LOT 4, SECTION 3, TOWNSHIP 34 SOUTH, RANGE 40 EAST, LESS AND EXCEPT THE 100 FOOT ROAD RIGHT-OF-WAY FOR A1A, AND LESS AND EXCEPT THE FOLLOWING DESCRIBED TRACT: BEGINNING TO THE INTERSECTION OF THE SOUTH BOUNDARY OF GOVERNMENT LOT 4, SECTION 3, TOWNSHIP 34 SOUTH, RANGE 40 EAST, AND THE EAST BOUNDARY OF PRESENT COUNTY ROAD RIGHT-OF-WAY, THENCE NORTHWESTERLY ALONG SAID RIGHT-OF-WAY 100 FEET AND RUN THENCE EAST, PARALLEL WITH THE SOUTH BOUNDARY OF SAID LOT 4, 390 FEET MORE OR LESS TO THE ATLANTIC OCEAN; THENCE, RUN SOUTHERLY MEANDERING THE OCEAN SHORELINE TO THE SOUTH BOUNDARY OF SAID LOT 4; THENCE, WEST ALONG SAID SOUTH BOUNDARY 389 FEET MORE OR LESS TO THE POINT OF BEGINNING; BEING THE TRACT DEED TO HARRY ZAHRLY AND HIS WIFE, ANNA ZAHRLY ON NOVEMBER 2,1946, AS PER DEED RECORDED IN DEED BOOK 129, PAGE 147, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. ALL LYING AND BEING IN ST. LUCIE COUNTY, FLORIDA. (Tax ID#: 1403-130-0011-01013; 1403-130-0011-000/0; and, 1403-130-0012-000/7)) (Location: West and east sides of North SR A-1-A, between North and South Avalon State Park) C. This Final Planned Development Site Plan approval shall expire on November 8, 2007, unless an extension is granted in accordance with Section 11.02.06(B)(3), St. Lucie County Land Development Code or final plat approval has been granted. D. The Final Planned Development Site Plan approval granted under this resolution is specifically conditioned to the requirement that the petitioner, Ocean Estates Ventures, LLC. , including any successors in interest, shall obtain all necessary development permits and construction authorizations from the appropriate Local, State, and Federal regulatory authorities, including but not limited to; the United States Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District prior to the issuance of any local building permits of authorizations to commence development activities on the property described in Part B. E. A copy of this resolution shall be attached to the site plan drawings described in Part A, which plan shall be placed on file with the St. Lucie County Growth Management Director. File No.: PUD-05-002/RZ-04-014/PUD-04-012 November 8, 2005 Resolution 05-356 Page 4 Packet Pg. 235 8.A.1.g 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 F. The certificate of capacity, attached as Exhibit A, shall be valid for the same period as this order. If this order expires or otherwise terminates, the certificate of capacity shall automatically terminate. G. This Order shall be recorded in the Public Records of St. Lucie County. After motion and second, the vote on this resolution was as follows: Chairman Frannie Hutchinson Vice -Chairman Doug Coward Commissioner Paula A. Lewis Commissioner Joseph E. Smith Commissioner Chris Craft PASSED AND DULY ADOPTED this 8th Day of November 2005 ATTEST:'' Clerk BOARD OF COUNTY,,( ST. LUCIE COUNTY, F f BY Chairs AYE AYE AYE_ AYE AYE x ��r Y i :�c A er4i +IJMMI APPROVED AS TO FORM AND hf H:\WORD\Petitions\BCC\FIN ISHED.04\Ocean EstatesFinaIPD.PD\OceanEstatesFinalPD-RES.doc File No.: PUD-05-002/RZ-04-014/PUD-04-012 November 8, 2005 Resolution 05-356 Page 5 I cc Ln M 6 0 c 0 c d E M 0 R a Packet Pg. 236 8.A.1.g 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Exhibit "A" Certificate of Capacity File No.: PUD-05-002/RZ-04-014/PUD-04-012 November 8, 2005 w Q Resolution 05-356 Page 6 Packet Pg. 237 8.A.1.g St Lucie County Certificate of Capacity Date 11/8/2005 Certificate No. 2239 This document certifies that concurrency will be met and that adequate public facility capacity exists to maintain the standards for levels of service as adopted in the St Lucie County Comprehensive Plan for: 1. Type of development Final Planned Unit Development Number of units 38 Number of square feet 2. Property legal description & Tax ID no. 1403-130-0011-010/3, et.al. E&W sides of SR A -I -A, between N/S Avalon SP Ocean Estates - PUD 3. Approval: Building Resolution No. 05-356 Letter 4. Subject to the following conditions for concurrency: See Resolution 05-356. Owner's name Ocean Estate Ventures, LLC. Address 622 Beachland Boulevard Vero Beach FL 32963 6. Certificate Expiration Date 11/8/2007 This Certificate of Capacity is transferable only to subsequent owners of the same parcel, and is subject to the same terms, conditions and expiration date listed herein. The expiration date can be extended only under the same terms and conditions as the underlying development orderissued with this certificate, or for subsequent development order(s) issued for the same property, use and size as described herein. Signed i 02k Date:11/9/2005 Growth Management Director St Lucie County, Florida Wednesday, November 09, 2005 Page I of 2 Packet Pg. 238 8.A.1.g 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Exhibit "B" Location Maps and Site Plan Graphics File No.: PUD-05-002/RZ-04-014/PUD-04-012 November 8, 2005 cc LO M LO 0 c 0 r 0 N N c d E s c� .r Q Resolution 05-356 Page 8 Packet Pg. 239 8.A.1.g U J J Ajunoo eegogoeo�o M O r = T 7 O o U N Cb r W w Q Packet Pg. 240 1 8.A.1.g A petition of Ocean Estates Ventures, LLC, for a Final Planned Unit Development Approval for the project known as Ocean Estates - PUD o: m PUD 05-002 Legend M Subject property a N 611 -rh ar eme,:r v ya>me,.r Map prepared September 27, 2005 Packet Pg. 241 8.A.1.g aid ai.►s and loqu _ �s np►aolj 14unoj aion7 4S oii 0000 Y ". . ��� 9 i i 6. A r I' I• i#i a u� f C ha M Y Cm Ai` If :3a11i1"IN bb i isUl � # r—; �i I'.YY; I7J�k6k i ---- _-- L_� _--L______ R"_o�94�3NN6A6 bhb ono i.� �3 4Gry < o, 3tiv -o B X' s 'Jill aa� oNn �pgoJ � b a m� o� Q CCL- t 1. M! Packet Pg. 242 ' to FL'J : GP t I 10I,ARTER SECTION LINO 4 WEST L'NE 6.O rFV44CNT LOT 4 Zoning: F-RD ' //Naaqu •LL `_ AGG/f SLO is � JGlT Uplord pr0°OrVa1;on . r• w w w w Arod. w be 1 i w w a w ,Grp4L/q:' l I I! iltlil�ll\� ntsu��.. -u nllYllp- - ' L essn _m9llRlltian��� _ �e�11111.E11[IB _ Avalon State Park Part -A Detail SCOI6: 1 •_ � North FLU: GPub oak ranmock-..� 4 Zoning: HiRO preservat on ., �•,,; r xT Area O I{ Acs -T77 T i ome.a. 1 , e M 20 22 29 24 79 20 I 27 c O.'ARTER SECTION LINE 4 SOUTH LINE 6OVERNH2 T LOT 4 Avalon State Pork Proiect Entry Sian 32 BP m0><im2e aointed stucco 5; fac Sirj- Wlal Lo or—' Lo r W -Wall Hokrt not to cxceco 4' a5 meowed from AIA ol.—t— Note: All o�CGUoral siq,o ore to meet the etarderd9 cf :he ""T60 (M-1 of Wfied Troffic Control Oc,i—s) Roadway Section SOCIO r-Ic 21 —4-A qpl al Roac 9 Right-cf-" S--t:on Ocean Es:otcs Rood 5eation --"iGw. c.3pet81 ` r Co trot Co�struc Cor FLU : RU \Zoning: HIRO P T'I p[�2E Oak HornmocR s'°""" Preservat on Ir% Pr p Area 0.11 Acs. °\ \�Ybli GEN-EFt,lNC A-1-A RIeHT OF WAY \�.Colun ;PER R!W MAP SECTION NO. 445i-250) \\ K. Entry Area ° Scan I �a t All a� x I Tykoi Units wayu•) i 9:x ' S4tbae[ E[Wa.a •O —+0 I TO I ( I I II T 8.A.1.g nou5fON CUOZZO y^,f ("ROLIP, INC. C 73JC(4. RA1xrA%1;. SUTfEI sn'"T. I I ., nn 3.m QI V.ruD;.. FAX(T7212214788 ♦+ N iz R C a v U m O a' O U� M N NNN O Lu C? Lit 0 c 0 ,OAb. r O Qi JWi[rYW fANb' •: 02-0: b-0.i LNL ras.b f na� -2B—p5 tlsuwe, AMs_�T r .�B�uLie1 _t17-04 Sw/ Un..wR.r �64N4 E .00aib �o e.:a 'i::eo9 i cc �of Q Packet Pg. 243 8.A.1.g 1'=3 W Entry Area Scale =an Typical Light Detail sate N.rs Bultdlrej t Ric,pl_-A 20' \ \ \ \ Lot Typ. R33 r \ \�\ PkVOAAalk `11 � avel^ �1 \� 0\—. rt. 2. Foe 4 Fl ct \ w j R'5' \t \ \\ I 9. LightL�ail comply - ,x� k: ` ey tot tl o!e II htn c- \ Pod s \` \\ 2 \�\ Ylall d� Drive �- 1 1 \ \ \ U•\\' • \ L \ \ \tt O 8,0' Ac c 5 V , \ ` • Easerret \\ \ 1 \ \'N h\ �\ �\r• \\Rio_ '�_�_ \, roposed Ir a b g g stanaoros CENTER-INE A-1-A W&W OF MAY - (PER R/W MA' 5ECTION NO. 9431-250) Part-B Detail APPROXIMATE MEAN H16H ; .%.. ?LATER LINE -LEV. = IA4' (12-24-2005) HOUSTON CUOZZO ' CROUP, INC. CJMI AFL IM 9M 1 SItIAk 7 )221-212 Nna (tt:7771-71±a -- 4 5-- \ FLU GPvb \� Proposea Decorotivo\ Zonina: HIRD\3 Wail and \\ \\l�• GoWmne It \ \ \ Scale; V-50' North Typical Units (wwo'4 score rya Conceptual House Plan Elevation NTS Rr Ocem New Concept 3C._ The Ocean View- Concept 3C Garopu Old Front \ Men CCGL `�� •. -GLGL G 519a 1-. I TT �y Loa I I r IV- \\ '`. pia Lcc', j � __ \� n b"1 ..r. ; . 1!!•r t--\ \ a a Lj— svcw PId c O ti C E 3 "a Q 0 a t U R d m c 0 Q M 0 M 0 N N W co LO c) L6 O 3 O d d s cc a Packet Pg. 244 I 8.A.1.h I Indian River County Martin County Ax/nlnn RPar;h PUD 24419 1E 4 J wiap preparea,vpni Za, zu-1,s Packet Pg. 245 SPMJ-420124419 Avalon Beach P U D 500 ft notification area 8.A.1.i r Q Subject parcels Aerial date: 2010 Map prepared April 2 Packet Pg. 246 RU CPUB SPMJ-420124419 Avalon Beach P U D RU AIA RU CPUB RU CPUB e♦ 8.A.1.j Future La 0 400 800 Feet 10 ♦ It � z p � r RU a ■ 3 RU t Indian River * pGEAN ESTAT ES'NR r ■ Lagoon ; r Atlantic .` .� Ocean `. ................................ ..... CPUB ■ • • • • ; 500 ft notification area Subject parcels CPUB CPUB - Conservation Public RU - Residential Urban (5 dulac) CPUB r, N Map prepared April 2 Packet Pg. 247 Indian River Lagoon SPMJ-420124419 Avalon Beach P U D AIA R.1-0] HIRD N ♦ f' ♦ , � 2 1 r P � PUD • ' PUD PUD PUD * � _ oc.nN esrare='-.a r ' PUD ■ ■ + r ♦ r ♦` A dantic a,Ocean HIRD ' , HIRD ;■ ■ ■ ■ ■ 500 ft notification area HIRD - Hutchinson Island Residential District ® Subject parcels PUD - Planned Unit Development 400 800 Feet 1,200 r C m E Z �a a L 0 C� C d t ca a� m C 0 R Q M O r A O N W cC a� C 0 N C N E t ca Q 4 �1 r �i Map prepared April 2 Packet Pg. 248 BOARD OF COUNTY COMMISSIONERS Meeting Time: Public Hearing Notice 6:00 PM (or soon thereafter) Tuesday, June, 4, 2013 UTG Avalon LLC, 99 Lancaster St PO Box 328 Stanford, KY 40484 Location: BOCC Chambers SLC Administration Annex, 2300 Virginia Avenue, Fort Pierce, FL 34982 Applicant William Cooley UTG Avalon, LLC 8 Windsor Court Palm Beach, FL 33480 File Number SPMJ 420124419 Project Location North A-1-A, approximately .5 miles south of Indian River County. Future Land Use RU (Residential Urban) Existing Zoning Avalon Beach Planned Unit Devel- opment (PUD) Staffs Recommendation Board approval of the Major Ad- justment to the Avalon Beach PUD, with the limiting conditions. Notice of Proposed Major Adjustment to the Avalon Beach PUD File No. SPMJ 420124419 SPMJ-420124419 Zaning Avalon Beach PUD 0 400 500 1.200 AIA� F� HiHO HiRo —_ — -- PTX 1n�Smil2ivrr — — — .=�e Ladwon Atlantic ............................. .. Onun HiRO HIN" Sao n novM lion ama uLhjact parcelr. Project Description N HIRI7 - Hutchinson Island Residential District PIED - Planned unit Development Map oreW*d Apin! 29. 2013 This is a request for UGT Avalon, LLC the owners of all lots in the Avalon Beach PUD. The proposed major adjustment modifies the project's site plan to convert a recreational tract to a single family lot and add two dune crossovers along the Atlantic Ocean. Background The Avalon PUD is a 15.83 acre single family development originally approved in 2004 for 38 single family homes. An adjustment in 2006 converted one single family oceanfront parcel to a recreational tract with a proposed clubhouse. This adjustment removes the recreational tract and reestablishes a single family lot and adds two dune crossovers along the Atlantic Ocean. The site plan adjustment would approve the proposed changes, subject to final plat approval. The St. Lucie County Board of County Commissioners has the power to review and grant any applications within their area of responsibility. The Board of County Commissioners strongly encourages your input and comment at the public hearing. You may also mail, email or fax written comments in advance of the public hearing for in- clusion in the official record regarding this proceeding. Written comments to the Board of County Commissioners should be received by the Planning and Development Services Department — Planning Division at least 3 days prior to the scheduled hearing. Anyone with a disability requiring ac- commodations to attend this meeting may contact the SLC Community Risk Manager at least 48 hours in advance at 772.462.1546 or TDD 772.462.1428 Date Mailed 5/13/2013 Packet Pg. 249 8.A.1.m ParcellD Ownerl Lname Ownerl Fname 140313000040008 Crook Mark Agent2 Dean, Mead, Mintom & Zwemer 140313000060002 Ritchey Richard C 140313000070009 Ritchey Mary L Agentl Schulke, Bittle, & Stoddard, LLC 140313000050005 Tr Int Imp Trust Fund 140350000330005 UTG Avalon LLC Applicant UTG Avalon LLC Owner2 Lname Crook Attn: W. Lee Dobbins Ritchey Ritchey (TR) Attn: Joseph W Schulke, PE Attn: William Cooley Packet Pg. 250 8.A.1.m Owner2 Fname Address Carolanne L 6520 N Hwy A1A 1903 S. 25th St, Ste 200 Mary L 3 Grove Isle Dr #1503 Stephen S 3 Grove Isle Dr #1503 1717 Indian River Blvd Ste 201 3900 Commonwealth Blvd MS 115 99 Lancaster St PO Box 328 8 Windsor Ct City State ZIP Fort Pierce FL 34949-8112 Ft Pierce FL 34947 Coconut GiFL 33133-4103 Coconut GrFL 33133-4103 Vero Beach FL 32960 Tallahasse( FL 32399-6575 Stanford KY 40484 Palm Beac[FL 33480 Packet Pg. 251 ST. LUCIE COUNTY OF COUNTY COMMIS PUBLIC HEARING AGENDA JUNE 4, 2013 NOTICE OF MAJOR ADJUSTMENT TO THE AV) 1 BEACH PLANNED UNIT DEVELOPMENT (Pi The St. Lucie County Board of County Commissioners propo consider the adoption of the following by resolution: RESOLUTION A RESOLUTION OF THE BOARD OF COU. COMMISSIONERS OF ST. LUCIE COUNTY, FLOR GRANTING APPROVAL OF A MAJOR ADJUSTMENT THE FINAL PUD SITE PLAN FOR THE PROJECT KNt AS AVALON BEACH PUD = APPLICANT- UGT Avalon, LLC E FILE NUMBER: SPMJ-420124419 y 3 PURPOSE: To remove a clubhouse tract, add one single family lot id two dune crossovers. Q LOCATION: Approximately 2,100 feet south of the Indian River ty line, extending from the Atlantic Ocean to the Indian River Lagoon. SPMJ-4201: Q a �a a� m Allard C GN a Oceai M Indno Rd Q z[�ueer�s1 ove CO) C� lr O � KingsRlslarW � �• m M 0 O F Jack lslarrd CV The PUBLIC HEARING on this item will be held in the Corr W >n Chambers, Roger Poitras Annex, 3rd Floor, St. Lucie County Admin m Building, 2300 Virginia Avenue, Fort Pierce, Florida on Tuesday, 4, 2013 beginning at 6:00 pm or as soon thereafter as possible. CD Allinterestedpersonswillbegivenanopportunitytobeheard.Writtencc O its received in advance of the public hearing will also be considered. i ,n comments to the Board of County Commissioners should be receive CL Q re Planning and Development Services Department - Planning Divisiot Q Est 3 days prior to the scheduled hearing. The petition file is available for revi he Planning and Development Services Department — Planning offices h Q at 2300 Virginia Avenue, 2nd Floor, Fort Pierce, Florida during regular ss hours. Please call (772) 462-2822 or TDD (772) 462-1428 if you 1 = ry questions or require additional information about this petition. d The St. Lucie County Board of County Commissioners has the I E to review and grant any applications within their area of responsibility. 0 The proceedings of the Board of County Commissioners are electi w ly recorded. PURSUANT TO SECTION 286.0105, FLORIDA STA Q S if a person decides to appeal any decision made by the Board of ty Commissioners with respect to any matter considered at a meeting or g, he or she will need a record of the proceedings. For such purpose, 1 ie may need to ensure that a verbatim record of the proceedings is mad :h record includes the testimony and evidence upon which the appeal 3e based. Upon the request of any party to the proceeding, individuals a rg during a hearing will be sworn in. Any party to the proceeding will be -,d an opportunity to cross-examine any individual testifying during a rg upon request. If it becomes necessary, a public hearing may be a ;d from time to time to a date -certain. Anyone with a disability requiring accommodations to attend this rg should contact the St. Lucie County Risk Manager at least forty-ei 8) hours prior to the meeting at (772) 462-1546 or T.D.D. (772) 462-1428. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Packet P 252 ISI TOD MOWERY, CHAIRMAN g' PUBLISH DATE: May 24, 2013