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Agenda Packet 03-02-04
t f t TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. � I DATE: March 2, 2004 REGULAR [X]ADDITIONS PUBLIC HEARING [] CONSENT [] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Utility Service - Interlocal Agreement and Bulk Water, Wastewater and Reclaimed Water Service BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve the revised Interlocal Agreement and the revised Bulk Service Agreement by adopting Resolution No. 04-74. COMMISSION ACTION: APPROVED [ ] DENIED [ ] OTHER: Approved 3-2 (Comm. Hutchinson - No) (Comm. Lewis - No) ouglas Anderson County Administrator Review and Approvals .92 County Attorney: Management & Budget Purchasing: Originating Dept. Utilities Dir: County Eng. Finance: (Check for copy only, if applicable) Eff. 5/96 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks & Recreation' M ITEM NO. CA-1 DATE: March 2, 2004 REGULAR [ ] PUBLIC HEARING [ l CONSENT [x l PRESENTED BY: Pete Keogh, Director SUBJECT: Recreation Advisory Board/ City of Pt. St. Lucie Trail System Master Plan BACKGROUND: The Recreation Advisory Board held its monthly meeting on February 18'. During the meeting a motion was made to hold the next RAB meeting at the City of Pt. St. Lucie for the purpose of discussing the implementation of the city's trail system master plan. City staff who are involved with the project will be invited to share the plan with the RAB members. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION Staff requests that the Board of County Commissioners support the Recreation Advisory Board's recommendation to hold its next meeting with Pt. St. Lucie city staff to discuss the county's interest in participating in the implementation of the city's trail system master plan. COMMISSION ACTION: []> APPROVED [ l DENIED [ ] OTHER: Approved 5-0 With additional wording added by Riverwalk, Greenway & Trail Comm. Coward as follows: System. Implementation of the City's Coordination/Signatures County Attorney: Mgt & Budget: Originating Dept: Public Works: Finance: (Check for Copy only, if applicable) CONCURRENCE: Doug Ariderson County Administrator Purchasing: Other: r , i AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): ENGINEERING DEPT SUBJECT. Lebanon Road MSBU Initial Public Hearing Potable Water Improvements - FPUA BACKGROUND: See attached memorandum FUNDS AVAIL. N/A ITEM NO. 5A DATE: March 2, 2004 REGULAR [ ] PUBLIC HEARING PW CONSENT[] PRESENTED BY., Michael Powley, P.E. County Engineer PREVIOUS ACTION: January 27, 2004 - Board granted permission to advertise Initial Public Hearing RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 04-065 creating the Lebanon Road M.S. B.U.; authorizing the County Engineer to proceed with the engineering and design of the Project pursuant to the procedures set forth in Chapter 1-13.5, St. Lucie County Code of Ordinances, authorizing the County Engineer to advertise for bids for construction; and to prepare an interlocal agreement with the City of Fort Pierce and the Fort Pierce Utilities Authority. COMMISSION ACTION: ( APPROVED (J DENIED J OTHER: Approved 5-0 Motion to continue the public hearing to April 6, 2004. fx]County Attorney_t_14K [x]Public Works Dir' [ ]Finance (check for copy only, if applicable) Coordination/Signatures [ ]Mgt & Budget fx ]Co. Eng County Administrator []MSBU Coor []Other. V , I M M TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. _ 6b DATE: March 2, 2004 REGULAR[) PUBLIC HEARING [XX] CONSENT[] PRESENTED BY: Katherine Mackenzie -Smith Assistant County Attorney SUBJECT: Ordinance No. 04-014 - Establishing Regulations to Govern the Use of Properties and Facilities Owned or Leased by the County to Allow 24 hour Usage of Waveland and Pepper Park Beaches' Access Points to the Atlantic Ocean BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: See attached memorandum RECOMMENDATION: Staff recommends that the Board adopt Ordinance No. 04- 014 allowing 24 hour usage of Waveland and Pepper Park Beaches' access points to the Atlantic Ocean and authorize the Chairman to sign the Ordinance COMMISSION ACTION: ['.'APPROVED [ ] DENIED [ ] OTHER: Approve 5-0 County Administrator Review and Approvals County Attorney: Management 6 Budget Purchasing: _ Originating Dept. Public Works Dir: County Eng.:, Finance: (Check for copy only, if applicable) Eff. 5/96 Agenda Request Item Number Date: 03/02/04 Consent [ ] Regular [ ] Public Hearing [ X ] Le I/ _ } Quaff-JVL X l To: Board of County Commissioners / t Submitted By: Community Development )o lopment Director SUBJECT: Petitioners request to withdraw the petition of Carroll and Janet Collins, for a Change in Zoning from the RS-4 (Residential, Single -Family - 4 du/acre) Zoning District to the RM-5 (Residential, Multiple -Family — 5 du/acre) Zoning District for property located on the east side of North 44t' Street, approximately 100 feet south of San Diego Avenue. BACKGROUND: The petitioners, Carroll and Janet Collins, requested the Change in Zoning from the RS-4 (Residential, Single -Family - 4 du/acre) Zoning District to the RM-5 (Residential, Multiple -Family - 5 du/acre) Zoning District on property located on the east side of North 44t" Street, approximately 100 feet south of San Diego Avenue in order to allow for the construction of a duplex unit on the property. Subsequent to the Planning and Zoning Commission public hearing of February 19, 2004, the petitioners have requested to withdraw their application. FUNDS AVAILABLE: N/A PREVIOUS ACTION: At the February 19, 2004, public hearing on this matter, the St. Lucie County Planning and Zoning Commission, by a vote of 8 to 0 with one member (Mr. Trias) absent, recommended denial of the requested change in zoning. RECOMMENDATION: Staff recommends that the Board accept the withdrawal of this petition. COMMISSION ACTION: NCURRENCE: F*IAPPROVED DENIED OTHER Approved 5-0 Douglas M. Anderson County Attorney Originating Dept.: Finance: Coordination/ Signatures Mgt. & Budget: Other: County Administrator Purchasing: Other: Submitted By: Agenda Request Board of County Commissioners Community Development Item Number: Meeting Date: Mar. 2, 2004 Consent [ ] Regular [ ] Public Hearing [ x ] Le ] Qua, WD[x] P.rse . --- Commffy Development Director SUBJECT: Consider Draft Resolution 04.019 — granting the petition of Community Savannah Club Joint Venture, Inc., for an amendment to Condition Numbers 13, Disaster preparedness, for the Development of Regional Impact known as the Savanna Club BACKGROUND: On March 2, 2004, you will be asked to review the petition of Community Savannah Club Joint Venture, for an amendment to Condition Number 13 of the Final Development Order for the Development of Regional Impact known as Savanna Club. Condition Number 13 of this Order addresses the requirements for disaster preparedness, specifically the amount of hurricane shelter space to be provided by the development. On April 27, 1982, the Board of County Commissioners for St. Lucie County approved Resolution 82-058, granting the Final Development Order for the Development of Regional Impact known as the Savanna Club. The Savanna Club was originally approved as a 2,560-unit mobile home subdivision, located east of South US #1, north of Walton Road, although it is likely that only about 1,930 units will, in fact, be constructed/installed. The Final Development Order for this project addresses the general requirements and obligations for this project necessary to address its community impacts. When this project was originally approved in 1982, St Lucie County was among the first communities in the State to begin requiring that all new mobile home communities provide some degree of on -site shelter space for use by the residents of those communities during times of emergency, such as hurricanes. At the time this condition was imposed, the required amount of shelter space to be provided was determined to be 40 square feet per person. This was a locally developed number and not based on any known national recommendations or standards. In 1984, the County included in its mobile home park regulations, a shelter space standard of 20 square feet per person, which was based on national Red Cross standards in effect at the time, and still in effect today. The County has since applied this ratio to all new developments needing to meet this requirement. By prior agreement with the County, the developers of the Savanna Club have provided for the required amounts of hurricane shelter space by working with off -site facilities. However, this off -site facility has been proven to be a less than desirable option for all effected parties, and there has been an ongoing interest on the part of both the Savanna Club property owners/residents and the developers of the project to try and find a way to have this required shelter space relocated to an on -site facility. The developers are proposing that, in consideration of the addition of several new on -site recreation amenities that were not part of the original development plans for the community, but that will benefit all of the residents of the Savanna Club, they be allowed to: a.) Reduce the minimum required shelter square footage from 40 square feet /person to 20 square feet/person, consistent with national Red Cross standards, and; b.) Move all of the required shelter space to an on -site facility that would be built according to full hurricane/building codes and standards and include all applicable local public safety standards. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Approve Resolution 04-019, amending Condition Number 13, of the previously approved Final Development Order for the Savanna Club, Development of Regional Impact COMMISSION ACTION: CURRENCE: u APPROVED DENIED OTHER _ Approved 5-0 — _ i6ouglas M. Anderson County Administrator f< Coordination/ Signatures County Attorney r Mgt. & Budget: Purchasing: Originating Dept.: Other: Other: Finance: (agend774) n Agenda Request �r Item Number: J Meeting Date: 312/04 Consent [ ] Regular [ ] Public Hearing [ X ] Leg. [ 41 Quasi-JD,� X To: Board of County Commissioners es Submitted By: Community Development p sue, Dev o ent Director SUBJECT: Consider Draft Resolution 04-018 approving the request of Harold H. Smyth for a change in zoning from the AG-1 (Agricultural — 1 du/acre) zoning district to the IL (Industrial Light) zoning district for property located on the west side of Trowbridge Road, approximately 400 feet south of the intersection of Orange Avenue and Trowbridge Road. (File No.: Rz-03-048). BACKGROUND: Attached is a copy of the petition of Harold H. Smyth for a change in zoning from the AG-1 (Agricultural - 1 du/acre) zoning district to the IL (Industrial Light) zoning district, for a 1.05-acre tract of land located on the west side of Trowbridge Road, approximately 400 feet south of the intersection of Orange Avenue and Trowbridge Road. The applicant has indicated that the purpose of this change in zoning is to allow for the construction of a contractor's office. The permitted uses in the IL (Industrial light) zoning district are not expected to negatively impact the existing uses in the surrounding area or place additional demands on public services in the area. FUNDS AVAILABLE: N/A PREVIOUS ACTION: At the February 19, 2004 public hearing, the Planning and Zoning Commission, by a vote of 6-2, with one member absent (Mr. Trias), recommended approval of the applicant's request for a change in zoning. RECOMMENDATION: COMMISSION ACTION: APPROVED OTHER Staff recommends approval of Draft Resolution 04-018. DENIED _ Motion to deny and bring back in three months. egglas RRENCE: . Anderson County Administrator Coordination/ Signatures County Attorney �� Mgt. & Budget: Purchasing: Finance.: Fire Dept: Public Works: Environ. Resources; Utility: Other: � � f AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. 5-F DATE: March 2, 2004 REGULAR [ ] - PUBLIC HEARING [X] CONSENT[] PRESENTED BY: SUBMITTED BY (DEPT.): ENGINEERING DIVISION (4115) 'Michael V. Powley, P.E. County Engineer SUBJECT: Request for Florida Rock Mine —North Plant to incase their hors for crushing operations from 6:00 A.M. — 6:00 P.M. to 4:00 A.M. — 12:00 A.M. This will be handled as an addendum to the existing mining permit. BACKGROUND: r The Florida Rock Mine — North Plant is located in southern St. Lucie County between Glades Cutoff Road and Range Line Road. They are operating under an existing 20-year permit which was approved on October 1, 1984. Due to the strong market demands for their product, the permittee has requested permission to increase their hours for crushing operations from 6:00 A.M. — 6:00 P.M. to 4:00 A.M. —12:00 A.M. This proposed Board action will not alter their permit expiration date of October 1, 2004. Any extension beyond this date must be approved by the Board at a later date. On January 7, 2003 the Board gave permission to schedule a public hearing on this request for February 4, 2003. The Board asked staff to review the Noise and Vibration Ordinance and to verify the permittee was in compliance. The study has been completed. The permittee initially decided to postpone the Public Hearing in order to incorporate the study results into a new 20-year permit. However, the market demands have prompted this short-term extension request. FUNDS AVAILABLE: N/A PREVIOUS ACTION: October 1, 1984: Board approved a Class II Permit for a period -of-20 years._ January 7, 2003: Board approved the scheduling of a public hearing to be held on February 4, 2003. This Public hearing never took place. - January 27, 2004: Board approved the scheduling of a public hearing to be held on March 2, 2004. RECOMMENDATION: Staff recommends Board approval for Florida Rock Mine — North Plant to increase their hours for crushing operations from 6:00 A.M. — 6:00 P.M. to 4:00 A.M. =12:00 A.M. under the existing permit subject to the following special conditions: 1. Prior to the commencement of any mining -related operations, approval from all other regulatory agencies shall be submitted to the County Engineer._.=---- 2. Pursuant to Section 378.802, Florida Statutes, the mine operator must notify the Executive Director of the Florida Department of Environmental Protection, Bureau of Mine Reclamation, Innovation Park, 2051 East Dirac Dr., L! In 3 4. W Tallahassee, Florida, 32310, (904) 488-8217 before any new surface area is disturbed. . Violations of the mining permit or mining plan are subject to permit revocation by the Board of County Commissioners and/or subject to a fine of $250 per violation and an additional $100 per day for each day that the violation is not brought into compliance. Adherence to all noise and vibration ordinances that were in effect at the time of original approval is required. The noise and vibration ordinance may be modified if noise complaints are received. All other conditions of the existing permit will remain. COMMISSION ACTION: [*APPROVED [ ] DENIED [ ] OTHER Approved 5-0 [x] County Attorney y, Do Env. Res. Div. 16 (Check for copy on , if plic ble) Motion to continue the public hearing to April 6, 2004 for more information. Staff directed to present Commission with copy of complaint history and to re -notify surrounding landowners of Proposed changes. CONCU NCE: las Anderson County Administrator [ J Mgt. & Budget [x] Originating Dept. Public Works N • [ ] Budget & Rev. Coor. [ ] Community Development AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. AP - DATE: March 2, 2004 REGULAR [XX] PUBLIC HEARING [ ] ,.CONSENT[ J PRESENTED BY: Attorney Daniel 5. McIntyre SUBMITTED BY (DEPT.): County y County Attorney SUBJECT: Robert E. Teague, Jr., Inc. Contract for Sale and Purchase - Part of Tax I.D. No. 3228-111-0001-000-7 BACKGROUND: Please see attached memorandum FUNDS AVAILABLE: Funds are available in 382-3915-561000-300 (Environmental Lands Capital Fund) PREVIOUS ACTION: October 21, 2003 - Received Board of County Commission approval to authorize staff to negotiate a Contract for Sale and Purchase with Robert E. Teague, Jr., Inc. RECOMMENDATION: Staff recommends that the Board approve the Contract for Sale and Purchase of the Robert E. Teague, Jr., parcel for $1,500,000.00 as shown on the attached map, authorize the Chairman to execute the Contract, the First and Second Addendum and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: [ APPROVED (] DENIED [ ] OTHER: Approved 5-0 Staff directed to explore restoration component issues to be presented at a future Commission meeting. Review and ADDrovals [XX] County Attorney: [XX] Community Development: 11><�. [ ] Parks 6 Recreation: [XX] Originating Dept.: CONCURRE Da I Anderson County Administrator t [XX] ERD: [ ] Road 6 Bridge: Finance: (Check for Copy only, if applicable) Eff. 5/96 G:\ACQ\WP\JoAnn\Environmental\Teague\Agenda Request.wpd I AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Administration In ITEM NO. 7 DATE: March 2, 2004 REGULAR [x] PUBLIC HEARING [ ] CONSENT [] PRESENTED BY: Douglas M. Anderson County Administrator SUBJECT: Dedication of plaque and road to the late Thomas J. White. BACKGROUND: Staff is requesting permission from the Board to honor the late Thomas J. White through the dedication of a plaque to be placed in the ticket booth plaza which will be named Thomas J. White Plaza in Mr. White's honor. In addition to the plaque, staff is requesting permission to name the access road to the stadium Thomas J. White Drive. The plaque and street signs will be installed prior to opening day, March 51h. Core Communities will be paying for the street signs. The County will be paying for the plaque at a cost estimate of $2000. FUNDS WILL BE MADE AVAILABLE IN: 461-7520-552-000-700 Operating Supplies PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval of the plaque and road dedications in honor of the late Thomas J. White. COMMISSION ACTION: + APPROVED [ ] DENIED [ ] OTHER: �— Approved 5-0 o Anderson Co my Administrator C'nordination/Signat�s County Attorney: Mgt & Budget: Purchasing _ Originating Dept: Public Works: Other: _ Finance: (Check for Copy only, if applicable) sow n AGENDA REQUEST TO: Board of County Commissioners SUBMITTED BY (DEPT): PUBLIC WORKS - EROSION 3710 SUBJECT: Update on the Fort Pierce Beach project. COMMISSION ACTION: [ ] APPROVED [ ] DENIED OTHER: Richard Bouchard updated the Board on the Beach Erosion project. [ ]County Attorney Coordinator ITEM NO. 8 Date: March 2, 2004 REGULAR [ ] PUBLIC HEARING [ X ] CONSENT[ ] PRESENTED BY: Richard A. Bouchard, P.E. Erosion District Manager CONCURRENCE: u as Anderson Co my Administrator Coordination/Signatures [ ]Mgt. & Budget []Dept Revenue [ ]Originating Dept. Public Works [ ]Erosion District [ ]Finance Department (Grants) AGENDA REQUEST ITEM NO. 2 ,& DATE: March 2, 2004 REGULAR[] PUBLIC HEARING [ ] CONSENT [XX] PRESENTED BY: TO: BOARD OF COUNTY COMMISSIONERS Daniel S. McIntyre County Attorney SUBMITTED BY (DEPT.): County Attorney SUBJECT: Petition for Abandonment Unopened, Unmaintained Platted Right -of -Way known as Avenue C Request Permission to Advertise - Notice of Public Hearing BACKGROUND: The Board of County Commissioners received a request from Russell West Hughes, President of Hughes, Inc. to abandon a portion of Avenue C, of Angle Road. Mr. Hughes has owned the property adjacent to the petition site for 38 years. The roadway was never improved or utilized by the public. Staff has reviewed the request and has no objections. Staff requests that the Board grant permission to Advertise the Notice of Public Hearing to abandon the unopened, unmaintained right-of-way known as Avenue C. FUNDS AVAIL.: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board authorize staff to advertise a Public Hearing to be held on April 6, 2004, at 6:00 p.m. or as soon thereafter as possible. COMMISSION ACTION: +J, APPROVED [ ] DENIED [' ] OTHER Approved 5-0 (xx) County Attorney: CONCURRENCE: o gl Anderson County Administrator Review and Approvals ( ) Public Works: ( ) County Engineer: (xx) Originating Dept.: ( ) Purchasing: Finance: (Check for Copy only, if applicable) Eff. 5/96 G:WCQ\WP\Janet\Abandonments\Ave C-Angle Rd\AdverUse Agenda.wpd AGENDA REQUEST ITEM NO� DATE: March 2, 2004 ®i ® REGULAR[] o • PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY. SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Interlocal Agreement with City of Vero Beach - Water Service to Crook Property on North Hutchinson Island BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve the Interlocal Agreement and authorize the Chairman to sign the Agreement. COMMISSION ACTION: + , APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Kouglas Anderson County Administrator Review and Approvals County Attorney:—V%--"- Management & Budget Purchasing: Originating Dept. UtilityServices Dir.: County Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 n AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney SUBJECT: South 25th Street Roadway Widening Midway Road to Edwards Road - Temporary Easement William R. Shanaver Tax I.D. No. 2429-441-0005-000/3 - Parcels 718/719 BACKGROUND: Please see attached memorandum ITEM NO. C2C DATE: March 2, 2004 REGULAR[ ] PUBLIC HEARING[ ] CONSENT [XX] PRESENTED BY: Daniel 5. McIntyre County Attorney FUNDS AVAILABLE: Funds are available in 101006-4116-561007-4108 (Transportation Trust/Impact R/W) and 101006-4116-561002-4108 (Transportation Trust/Impact Abstract/Title) PREVIOUS ACTION: September 12, 2000 - Board of County Commissioners approved Joint Participation Agreement with FOOT to reimburse, design and construct the South 251h Street widening. RECOMMENDATION: Staff recommends that the Board approve the Purchase Agreement with William R. Shanaver in the amount of ONE THOUSAND THIRTY and no/100 DOLLARS ($1,030.00) as shown on the attached sketch and legal descriptions, authorize the Chairman to execute the Purchase Agreement and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 [XX] County Attorney: [XX] Originating Dept.: 1MR Review and Approvals [XX] Public Works Director: [ ] Road h Bridge: CONCURREN i ou s Anderson County Administrator [XX] County Engineer: r- ] OMB: Finance: (Check for Copy only, if applicable) Eff. 5/96 G:\ACQ\WP\JoAnn\25th Street\Shanover\Agenda Request.wpd AGENDA REQUEST ITEM NO. C2D TO: BOARD OF COUNTY COMMISSIONERS DATE: March 2, 2004 REGULAR[ ] PUBLIC HEARING[ ] CONSENT [XX] PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney Daniel S. McIntyre County Attorney SUBJECT: South 251h Street Roadway Widening Midway Road to Edwards Road - Temporary Construction Easement 30 Development & Leasing Corporation - Tax I.D. No. 3403-502-0094-100/3 Parcel 701 - Resolution No. 04-71 BACKGROUND: Please see attached memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: September 12, .2000 - Board of County Commissioners approved Joint Participation Agreement with FDOT to reimburse, design and construct the South 251h Street widening. December 9, 2003 - Board of County Commissioners approved the Purchase Agreement for the Temporary Construction Easement. RECOMMENDATION: Staff recommends that the Board accept the Temporary Construction Easement, .authorize the Chairman to sign Resolution No. 04-71 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: [+APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Review and Approvals . [XX] County Attorney: [XX] Public Works Director:- [XX] Originating Dept.: J [ ] Road & Bridge: �� II// CONCURRENCE' Dougl Anderson County Administrator [XX] County Engineer: rVll YP [ ] OMB: Finance: (Check for Copy only, if applicable) Eff. 5/96 &:\ACQ\WP\JoAnn\25th 5treet\3D Development & Leasing\Agenda Request Accept Temporary Construction Easement.wpd n In AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. C2E DATE: March 2, 2004 REGULAR[ ] PUBLIC HEAPING[ ] CONSENT [XX] PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Edwards & Selvitz Road Intersection Improvement Project MacAdie/McAdie (right-of-way) - Part of Tax I.D. No. 2430-141-0001-000/8 BACKGROUND: Please see attached memorandum FUNDS AVAILABLE: Funds will be made available in: 101002-4112-563002-4114 (Transportation Trust/Constitutional/Title) 101002-4112-563007-4114 (Transportation Trust/Constitutional/Land) PREVIOUS ACTION: February 12, 2002 - Board of County Commissioners approved the Contract for Sale and Purchase for right-of-way and a stormwater retention pond from Lita R. Nicholson. September 16, 2003 - Board of County Commissioners approved the Contract for Sale and Purchase for right-of-way and a corner clip from Christian Fellowship Alive Ministries, Inc. RECOMMENDATION: Staff recommends that the Board approve the Contract for Sale and Purchase of the MacAdie/McAdie right-of-way for $5,300.00 as shown on the attached sketch and legal, authorize the Chairman to execute the Contract and direct staff to close the transaction and record the closing documents in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: j APPROVED [ ] DENIED [ ]OTHER: Approved 5-0 [XX] County Attorney: [XX] Originating Dept.: Review and Approvals �a [XX] Public Works Director: [ ] Road dt Bridge: CONCURRENCE: Doug s Anderson County Administrator [XX] County Engineer:_ [ ] OMB: Finance: (Check for Copy only, if applicable) Eff. 5/96 6:\ACQ\WP\JoAnn\Edwards & Selvitz Road\MacAdie Agenda Request.wpd M 0 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. C2F DATE: March 2, 2004 REGULAR[ ] PUBLIC HEARING[ ] CONSENT [xx] PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney Daniel S. McIntyre County Attorney SUBJECT. Lennard Road Phase I and II Board of Trustees of the Internal Improvement Trust Fund Easement Number 30972 BACKGROUND: On April 18, 2003, the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida approved the request of St. Lucie County for two Easements along the periphery of the Savannas Preserve as shown on the attached map. FUNDS AVAILABLE: N/A PREVIOUS ACTION: December 17, 2002 - Board of County Commissioners approved Resolution No. 02-311 requesting the Department of Environmental Protection, Division of State Lands, grant two Easements to St. Lucie County along the periphery of the Savannahs Preserve for the Lennard Road Phase I and Phase II projects. RECOMMENDATION: Staff recommends that the Board authorize the Chairman to execute Easement Number 30972 and record in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: APPROVE[)[ ] DENIED [ ] OTHER: Approved 5-0 [XX] County Attorney: [XX] Originating Dept. Review and AODrovals [XX] Public Works Director: [ ] Road d Bridge: CONCURRENCE: Dougl Anderson County Administrator [XX] County Engineer: /�"V [ ]OM Eff. 5/96 Finance: (Check for Copy only, if applicable) G:\ACQ\WP\JoAnn\Lennard Road Missing Link\Agenda Request2.wpd M AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. C2G DATE: March 2, 2004 REGULAR[ ] PUBLIC HEAPING[ ] CONSENT [XX] PRESENTED BY: Daniel S. McIntyre SUBMITTED BY (DEPT.): County Attorney County Attorney SUBJECT: South 251h Street Roadway Widening Midway Road to Edwards Road - Right -of -Way Furst et al - Tax I.D. No. 2428-233-0001-000/3 - Parcel 112 BACKGROUND: Please see attached memorandum FUNDS AVAILABLE: Funds are available in 101006-4116-561007-4108 (Transportation Trust/Impact R/W) and 101006-4116-561002-4108 (Transportation Trust/Impact Abstract/Title) PREVIOUS ACTION: September 12, 2000 Board of County Commissioners approved Joint Participation Agreement with FOOT to reimburse, design and construct the South 251h Street widening. RECOMMENDATION: Staff recommends that the Board accept the donation of the parcel in exchange for the two (2) driveway connections as shown on the attached map, authorize the Chairman to execute the Contract and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: ] APPROVED [ ] DENIED (] OTHER:approved 5-0 [XX] County Attorney: [XX] Originating Dept.: 1O- Review and Approvals [XX] Public Works Director:` [ ] Road & Bridge: ( t Finance: (Check for Copy only, if applicable) Eff. 5/96 6:\ACQ\WP\JoAnn\25th Street\Furst et al\Agenda Request.wpd CONCURRENC : Do u s Anderson County Administrator [XX] County Engineer: t- [ ] OMB: cm In AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): UTILITIES DEPARTMENT ITEM NO. 3a DATE: March 2, 2004 REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: (X) PR N D BY: P.M. Bowers Interim Utility Director SUBJECT: Staff requests that the Board approve eated atlease agreement he site of he old wastewater treatment pl Beacht n Beach Club Colony on the Ocean, Inc. for leasing real property Club Colony and adopt Resolution No. 04-72. They will be utilizing the property for recreational activities. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Bon real Board prtoperty located at theve a lease tbetween St. Lucie County s to of the old wastewater and Beach Club Colony on the Ocean, Inc. for g P treatment plant in Beach Club Colony and adopt Resolution No. 04-72. COMMISSION ACTION: AAPPROVED O DENIED O OTHER: Approved 5-0 county Attorney: t/Originating Dept:_Ie-w_ Review and Approvals ❑ Management and Budget: ❑ Other: ;CO4UN: n CountyAdministrator ❑ Purchasing: ❑ Other: ❑ Finance: (Check for copy only, if applicable): Anyone with a disability requiring accommodations to attend this meeting should contact the St. Lucie County community Services Managerat 772-462-1777 or TTD 772-462-1428, at least 48 hours (48) prior to the meeting. n en AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): UTILITIES DEPARTMENT ITEM NO. 3b DATE: March 2, 2004 REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: (X) PRESE P.M. Bowers Interim Utility Director SUBJECT: Staff requests approval of a Change Order with Speegle Construction II, Inc. for the installation of additional pavement at the North Hutchinson Island WWTP in the amount of $4,200.00. FUNDS AVAILABLE: Funds to be made available 449-3600-563000-36001 Capital Improvements other than Buildings PREVIOUS ACTION: Board of County Commissioners approved continuing contract #CO2-08-601. RECOMMENDATION: Staff recommends thatthe Board approve the Change Orderwith Speegle Construction II, Inc. for the installation of additional pavement at the North Hutchinson Island WWTP in the amount of $4,200.00. COMMISSION ACTION: CONCURR E: +APPROVED O DENIED Do a Anderson O OTHER: approved 5-0 C my Administrator Review and Approvals ",czj )] Purchasing: County Attorney: — Management and Budget: — Originating Dept: ❑ Other. 0 Other: ❑ Finance: (Check for copy only, if applicable): Anyone with a disability requiring accommodations to attend this meeting should contact the St. Lucie County Community Services Managerat 772-462-1777 or TTD 772-462-1428, at least 48 hours (48) prior to the meeting. M AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): UTILITIES DEPARTMENT ITEM NO. 3c DATE: March 2, 2004 REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: (X) PR EN D BY: P.M. Bowers Interim Utility Director SUBJECT: Staff requests approval of a Final Payment Application and release of retainage with RK Contractors, Inc. for work completed at the St. Lucie County Airport Industrial Park Phase I Sewer. Collection in the amount of $8,229.50. FUNDS AVAILABLE: Funds to be made available 449-3600-563000-36001 Capital Improvements other than Buildings PREVIOUS ACTION: Board of County Commissioners approved continuing contract #CO2-08-601. RECOMMENDATION: Staff recommends that the Board approve the Final Payment Application and release of retainage with RK Contractors, Inc. forwork completed atthe St. Lucie County Airport Industrial Park Phase I Sewer Collection in the amount of $8,229.50. COMMISSION ACTION: ?APPROVED O DENIED O OTHER: Approved 5-0 CONCUR CE: Do las Anderson County Administrator Review and Approvals tt�' County Attorney: Management and Budge t: _'Purchasing: L�� �/ ❑Other: � Other: ['Originating Dept: ❑ Finance: (Check for copy only, if applicable): Anyone with a disability requiring accommodations to attend this to the meeting. meeting should contact the St. Lucie County Community Services Managerat 772-462-1777 or TTD 772-462-1428, at least 48 hours (48) prior %PO' iwEi:DA"' REOJEST _...-.._ ITEM N�....-C-4 DATE: March 2, 2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Susan Kilmer SUBMITTED BY ( DEPT) : Library SUBJECT: St. Lucie West Library - Contracted Services BACKGROUND: St. Lucie County has been a partner with Indian River Community College and Florida Atlantic University to provide Branch Library service in the St. Lucie West community since 1995. The funds for this endeavor have been allocated within the Library's State Aid budget and the County's General Revenue funds. FUNDS AVAIL. 105-7115-534000-7950 Contracted Services 001-7110-534000-7950 Contracted Services PREVIOUS ACTION • The Board of County Commissioners entered into an agreement with Indian River Community College to provide public library service in St. Lucie West. These services have been in place since 1995 with contract #C95-08-592. RECOMMENDATION Staff recommends approval of expenditures of $157,786 for Contracted Services at the St. Lucie West Library. Staff recommends that the County Administrator be authorized to sign the purchasing requisition for payment of services to Indian River Community College. COMMISSION ACTION: CONCURRE E. [ +] APPROVED` [ ] DENIED [ ] OTHER: Approved 5-0 Do - Anderson, County Administrator %--, Review and Approvals XX County Attorney: ' XX Mgt. 6 Budget: Ch — Mffi Purchasing: XX Originating Dept. 38 k Other: Other: Finance: (Check for copy only, if applicable) • 05 n Agenda Request To: Board of County Commissioners Submitted By: Community Development - Tourism SUBJECT: Simple Success Marketing Advertising Invoices Item Number 5 Date: March 2, 2004 Consent [ X ] Regular [ ] Public [ ] Presentation Leg. [ ] Quasi -JD [ ] Presented By nity Development Director BACKGROUND: Simple Success Marketing has been contracted to provide advertising services for the St. Lucie County Tourist Development Council. The attached invoices in the amount of $6,730 represents costs for the following: $ 3,230.00 Monthly Retainer Fees — December 2003 and January 2004 $ 3,500.00 Internet Advertising Request approval for payment on the invoices for the months of December 2003 and January 2004 in the amount of $6,730.00. On February 11, the Tourist Development Council approved payment of the attached invoices for services provided. FUNDS AVAILABLE: Tourism Other Contractual Services Account 611-5210-534000-500 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends Board approval to pay the attached invoices. COMMISSION ACTION: YCONCUENCE: APPROVED DENIED g OTHER Approved 5-0 ouglas M. Anderson County Administrator Coordination/ Signatures County Y Attorne R� Mgt. & Budget: QN� Purchasing: Originating Dept.: Other: Other: Finance: AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): ENGINEERING DIVISION 4115 ITEM NO. C-6 DATE: March 2, 2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XI PRESENTED BY: Michael Powley, P.E. County Engineer SUBJECT: Request for a Public Hearing on Capron Trails Mine to increase their hours of operation. BACKGROUND: The Capron Trails Mine is located in northern St. Lucie County just west of Interstate 95 and north of Indrio Road. The property was granted conditional use approval to mine in 1989. The original mining permit was approved by the Board on March 28, 1989 and allowed for approximately 80 acres to be excavated. On December 17, 1996 the Board approved a modification to the permit to expand the mining operation from 80 acres to 160 acres. On March 28, 2003 the Board approved a modification to the permit to add another 80 acres to expand to 240 acres. To fulfill the requirements of other regulatory agencies for the CaraCara Bird the expansion was modified. Due to the strong market demands for their product, the permittee has requested permission to increase their hours of operation from 6:00 A.M. — 6:00 P.M. to 4:00 A.M. — midnight. This proposed Board action would not alter their shipping hours of 6:00 A.M. — 6:00 P.M. FUNDS AVAIL.: N/A. PREVIOUS ACTION: March 28, 1989: Board approved a mining permit for 80 acres. December 17, 1996: Board approved modifying the mining permit from 80 acres to 160 acres. The permit was renewed at this time. January 7, 2003: Board approved to schedule a public hearing for February 4, 2003 or soon thereafter. March 28, 2003: Board approved modifying the mining permit to 240 acres. RECOMMENDATION: Staff recommends Board approval for a public hearing date of April 6, 2004 or soon thereafter to consider the request of the Capron Trail Mine to increase their hours of operation. COMMISSION ACTION: [ APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 [x]County Attorney [x]Originating Dept. Public Works `�' • CONCURRENRL / ZE=—" DobAs Anderson County Administrator Coordination/Signatures �• [x ]Env. Res. Div. t���•�� [x]Co. Eng [x ]Comm. Dev. l []Budget/Reven Coo . M U AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Commissioner Frannie Hutchinson SUBJECT: Investment Committee Appointment BACKGROUND: FUNDS WILL BE AVAILABLE: PREVIOUS ACTION: Item Number 7 Regular ( ) Public Hearing ( ) Consent ( X ) RECOMMENDATION: Ratify Commissioner Hutchinson's appointment of Mike Dillman to the Investment Committee. COMMISSION ACTION: (*,) APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: Dou as Anderson County Administrator REVIEW AND APPROVAL: County Attorney Management & Budget Purchasing Originating Department Other Other Finance: (Check for Copy only, if applicable) MARCH 2, 2004 7:00 PM BOARD OF COUNTY COMMISSIONERS MEETING AGENDA WELCOME ALL MEETINGS ARE TELEVISED. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES - Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA — These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA — Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS — These items are usually heard on the first and third Tuesday at 7:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard 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 rp for 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 allotted at the beginning of each meeting of 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 at 7:00 P.M. and on the second and fourth Tuesdays 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 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 St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. :I n BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl.us Paula A. Lewis, Chairman District No. 3 John D. Bruhn, Vice Chairman District No. 1 Doug Coward District No. 2 Frannie Hutchinson District No. 4 Cliff Barnes District No. 5 March 2, 2004 7:00 P.M. INVOCATION PLEDGE OF ALLEGIANCE 1. MINUTES Approve the minutes of the Regular meeting held on February 24, 2004 2. PROCLAMATIONS/PRESENTATIONS A. Presentation by , Mr. Henry Dean, Executive Director of the South Florida Water Management District (SFWMD) and Mr. Lennart E. Lindlahl, Governing Board Member of the SFWMD on District Initiatives relative to the St. Lucie Estuary, and a check presentation for Paradise Park. B. Reading of the announcements by the County Administrator 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA PUBLIC HEARINGS 5A. PUBLIC WORKS Lebanon Road MSBU Initial Public Hearing Potable Water Improvements — FPUA — Consider staff recommendation to adopt Resolution No. 04-065 creating the Lebanon Road M.S.B.U.; authorizing the County Engineer to proceed with the engineering and design of the Project pursuant to the procedures set forth in Chapter 1-13.5, St. Lucie County Code of Ordinances; authorizing the County Engineer to advertise for bids for construction; and to prepare an interlocal agreement with the City of Fort Pierce and the Fort Pierce Utilities Authority. 5B. COUNTY ATTORNEY Ordinance No. 04-014 — Establishing Regulations to Govern the Use of Properties and Facilities Owned or Leased by the County to Allow 24 hour Usage of Waveland and Pepper Park Beaches' Access Points to the Atlantic Ocean — Consider staff recommendation to adopt Ordinance No. 04-014 and authorize the Chairman to sign the Ordinance. Regular Agenda March 2, 2004 Page Two 5C. COMMUNITY DEVELOPMENT Petitioners request to withdrawal the petition of Carroll and Janet Collins, for a Change in Zoning from the RS-4 (Residential, Single -Family - 4 du/acre) Zoning District to the RM-5 (Residential, Multiple -Family — 5 du/acre) Zoning District for property located on the east side of North 44th Street, approximately 100 feet south of San Diego Avenue. Consider staff recommendation to accept the withdrawal of the petition. 5D. COMMUNITY DEVELOPMENT Draft Resolution 04-019 — granting the petition of Savannah Club ]oint Ventures, Inc., for an amendment to Condition Numbers 13, Disaster Preparedness, for the Development of Regional Impact known as the Savanna Club — Consider staff recommendation to approve Resolution 04- 019, amending Condition Number 13, of the previously approved Final Development Order for the Savanna Club, Development of Regional Impact. 5E. COMMUNITY DEVELOPMENT Consider Draft Resolution 04-018 approving the request of Harold H. Smyth for a change in zoning from the AG-1 (Agricultural — 1 du/acre) zoning district to the IL (Industrial Light) zoning district for property located on the west side of Trowbridge Road, approximately 400 feet south of the intersection of Orange Avenue and Trowbridge Road. (File No.: RZ-03- 048) — Consider staff recommendation to approve Draft Resolution 04-018. 5F. PUBLIC WORKS Engineering Division — Florida Rock Mine — Addendum to the existing mining permit — Consider staff recommendation to approve Florida Rock Mine North Plant to increase their hours for crushing operations from 6:00 AM — 6:00 PM to 4:00 AM — 12:00 AM under the existing permit subject to the listed special conditions. END OF PUBLIC HEARINGS 6. COUNTY ATTORNEY Robert E. Teague, ]r., Inc. — Contract for Sale and Purchase — Consider staff recommendation to approve the Contract for Sale and Purchase of the Robert E. Teague, ]r., parcel for $1,500,000.00 as shown on the attached map, authorize the Chairman to execute the Contract, the First and Second Addendum and direct staff to close the Transaction and record the documents in the Public Records of St. Lucie County, Florida. 7. ADMINISTRATION Dedication of plaque and road to the late Thomas ]. White — Consider staff recommendation to approve the plaque and road dedications in honor of the late Thomas ]. White. m m Regular Agenda March 2, 2004 Page Three 8. PUBLIC WORKS - EROSION 3710 Engineering Division - Update on the Fort Pierce Beach project M 2 CONSENT AGENDA March 2, 2004 WARRANTS LISTS Approve warrants list No. 24 COUNTY ATTORNEY A. Petition for Abandonment — Unopened, Unmaintained Platted Right -of -Way known as Avenue C — Request Permission to Advertise — Notice of Public Hearing — Consider staff recommendation to authorize staff to advertise a Public Hearing to be held on April 6, 2004 at 6:00 p.m. or as soon thereafter as possible. B. Interlocal Agreement with City of Vero Beach — Water Service to Crook Property on North Hutchinson Island — Consider staff recommendation to approve the Interlocal Agreement and authorize the Chairman to sign the Agreement. C. South 25th Street Roadway Widening — Midway Road to Edwards Road — Temporary Easement — Consider staff recommendation to approve the Purchase Agreement with William -R. Shanaver in the amount of ONE THOUSAND THIRTY and no/100 DOLLARS ($1,030.00) as shown on the attached sketch and legal descriptions, authorize the Chairman to execute the Purchase Agreement and direct staff to close the transaction and record the documents in the Public Records of the St. Lucie County, Florida. D. South 25th Street Roadway Widening — Midway Road to Edwards Road — Temporary Construction Easement — Consider staff recommendation to accept the Temporary Construction Easement, authorize the Chairman to sign Resolution No. 04-71 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. E. Edwards 81 Selvitz Road Intersection Improvement Project — Consider staff recommendation to approve the Contract for Sale and Purchase of the MacAdie/McAdie right-of-way for $5,300.00 as shown on the attached sketch and legal, authorize the Chairman to execute the Contract and direct staff to close the transaction and record the closing documents in the Public Records of St. Lucie County, Florida. Lennard Road Phase I and 11 — Consider staff recommendation to authorize the Chairman to execute Easement Number 30972 and record in the Public Records of St. Lucie County, Florida. G. South 25th Street Roadway Widening — Midway Road to Edwards Road — Right-of-way — Consider staff recommendation to accept the donation of the parcel in exchange for the two (2) driveway connections as shown on the attached map, authorize the Chairman to execute the Contract and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. 3. UTILITIES A. Lease Agreement — St. Lucie County and Beach Club Colony on the Ocean, Inc. — Consider staff recommendation to approve a lease agreement between St. Lucie County and Beach Club Colony, Inc. for leasing real property located at the site of the old wastewater treatment plant in Beach Club Colony and adopt Resolution No. 04-72. M E5 Consent Agenda March 2, 2004 Page Two B. Change Order - Speegle Construction Il, Inc. — Consider staff recommendation to approve the Change Order with Speegle Construction Il, Inc. for the installation of additional pavement at the North Hutchinson Island WWTP in the amount of $4,200.00. C. Final Payment Application and release of retainage with RK Contractors, Inc. for work completed at the St. Lucie County Airport Industrial Park Phase I Sewer Collection in the amount of $8,229.50 — Consider staff recommendation to approve the Final Payment Application and release of retainage with RK Contractors, Inc. for work completed at the St. Lucie County Airport Industrial Park Phase I Sewer Collection in the amount of $8,229.50. 4. LIBRARY St. Lucie West Library — Contracted Services annual payment — Consider staff recommendation to approve expenditures of $157, 786 for Contracted Services at the St. Lucie West Library. Staff also requests that the County Administrator be authorized to sign the purchasing requisition for payment of services to Indian River Community College. 5. COMMUNITY DEVELOPMENT Tourism Division - Simple Success Marketing Advertising Invoices — Consider staff recommendation to pay the invoices. 6. PUBLIC WORKS Engineering Division — Request for a Public Hearing on Capron Trails Mine to increase their hours of operation. — Consider staff recommendation to approve a public hearing date of April 6, 2004 or soon thereafter to consider the request of the Capron Trail Mine to increase their hours of operation. 7. ADMINISTRATION Investment Committee Appointment — Consider staff recommendation to ratify Commissioner Hutchinson's appointment of Mike Dillman to the Investment Committee. %NW ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS ANNOUNCEMENTS MARCH 2, 2004 A. Meeting Changes: • The March 16, 2004 Board of County Commissioners meeting will be changed to 6:00 pm. • The April 6, 2004 Board of County Commissioners meeting will be changed to 6:00 pm. B. The 37th Annual St. Lucie County Fair began on Friday, Feb. 27th and will run through Sunday, Mar. 7th at the St. Lucie County Fairgrounds. C. The Board of County Commissioners will hold a Joint meeting with the City of Fort Pierce Commission, and the City of Port St. Lucie Council on Thursday, March 4, 2004 at the Schreiber Conference Center, Core Communities Auditorium, St. Lucie West IRCC/FAU Campus, St. Lucie West 500 N.W. California Blvd. Port St. Lucie, Florida, from 2:00 PM to 4:00 PM. D. The opening day for spring training home games for the New York Mets at the newly renovated Tradition Field will be on Friday, March 5th at 7:10 p.m. versus the St. Louis Cardinals. E. On March 12th at 10:00 AM will be the Official opening of the Zora Neale Hurston Dust Track Heritage Trail will be at the Hurston Branch Library, 3008 Avenue D, Fort Pierce, Florida. F. The Board of County Commissioners will hold a special meeting on March 17, 2004 from 1:30 PM to 3:00 PM in the County Commission Chambers for the North County Charrette Report. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings Is made. Upon the request of any party to the proceedings, Individuals testifying during a hearing will be sworn in. Any parry to the proceedings will be granted the opportunity to cross-examine any Individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. Rtj MARCH 2, 2004 7:00 PM BOARD OF COUNTY COMMISSIONERS MEETING AGENDA WELCOME ALL MEETINGS ARE TELEVISED. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES - Attached is the agenda which will determine the order of business conducted at today's Board meeting: CONSENT AGENDA — These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. - - - REGULAR AGENDA — Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually usually in the order listed on the agenda. PUBLIC HEARINGS — These items are usually heard on the first and third Tuesday at 7:00 P.M. or as soon thereafter as possible. However, if a public hearing is scheduled for a meeting on a second or fourth Tuesday, which begins at 9:00 A.M., then public hearings will be heard 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•ZOMMISSION — 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 allotted at the beginning of each meeting of 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 at 7:00 P.M. and on the second and fourth Tuesdays 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 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 St. Lucie. County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. A BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl.us Paula A. Lewis, Chairman District No. 3 John D. Bruhn, Vice Chairman District No. 1 Doug Coward District No. 2 Frannie Hutchinson District No. 4 Cliff Barnes - District No. 5 March 2, 2004 7:00 P.M. INVOCATION PLEDGE OF ALLEGIANCE 1. MINUTES O Ce Approve the minutes of the Regular meeting held on February 24, 2004 2. PROCLAMATIONS/PRESENTATIONS 3. 4 i6K Presentation by Mr. Henry Dean, Executive Director of the South Florida Water Management District (SFWMD) and Mr. Lennart E. Lindlahl, Governing Board Member of the SFWMD on District Initiatives relative to the St. Lucie Estuary, and a check presentation for Paradise Park. $ Reading of the announcements by the County Administrator GENERAL PUBLIC COMMENT CONSENT AGENDA PUBLIC HEARINGS 5A. PUBLIC WORKS fo ►�iliUed to Lebanon Road MSBU Initial Public Hearing Potable Water Improvements — FPUA — Consider Ape, 1 (0 4L . staff recommendation to adopt Resolution No. 04-065 creating the Lebanon Road M.S.B.U.; authorizing the County Engineer to proceed with the engineering and design of the Project pursuant to the procedures set forth in Chapter 1-13.5, St. Lucie County Code of Ordinances; authorizing the County Engineer to advertise for bids for construction; and to prepare an _ - Interlocal agreement with the City of Fort Pierce and the Fort Pierce Utilities Authority. - 5B. COUNTY ATTORNEY Ordinance No. 04-014 - Establishing Regulations to Govern the Use of Properties and Facilities Owned or Leased by the County to Allow 24 hour Usage of Waveland and Pepper Park Beaches' Access Points to the Atlantic Ocean Consider staff recommendation to adopt Ordinance No. 04-014 and authorize the Chairman to sign the Ordinance. r 116rrr 144d Regular Agenda March 2, 2004 Page Two 5C. COMMUNITY DEVELOPMENT Petitioners request to withdrawal the petition of Carroll and Janet Collins, for a Change in O Zoning from the RS-4 (Residential, Single -Family - 4 du/acre) Zoning District to the RM-5 (Residential, Multiple -Family - 5 du/acre) Zoning District for property located on the east side of North 44th Street, approximately 100 feet south of San Diego Avenue. Consider staff recommendation to accept the withdrawal of the petition. 5D. COMMUNITY DEVELOPMENT 0- &116 Draft Resolution 04-019 - granting the petition of Savannah Club Joint Ventures, Inc., for an amendment to Condition Numbers 13, Disaster Preparedness, for the Development of Regional Impact known as the Savanna Club - Consider staff recommendation to approve Resolution 04- 019, amending Condition Number 13, of the previously approved Final Development Order for the Savanna Club, Development of Regional Impact. 5E. COMMUNITY DEVELOPMENT b"" `Y e5 i3arn`S- yes _ s �ywa�u� u�S ConsiderPrak*(Wt%�A%18 approvin t e r'bg17�Yt�arold H. Smyth for a change in 54 zoning from the AG-1 (Agricultural - 1 du/acre) zoning district to the IL (Industrial Light) zoning district for property located on the west side of Trowbridge Road, approximately 400 feet south of the intersection of Orange Avenue and Trowbridge Road. (File No.: RZ-03- 048) - Consider staff recommendation to approve Draft Resolution 04-018. 5F. PUBLIC WORKS Engineering Division - Florida Rock Mine - Addendum to the existing mining permit - Consider staff recommendation to approve Florida Rock Mine North Plant to increase their hours for _ 6� paCcrushing operations from 6:00 AM - 6:00 PM to 4:00 AM - 12:00 AM under the existing per It bject to the listed special conditions. (�Yr END OF PUBLIC HEARINGS COUNTY ATTORNEY Robert E. Teague, Jr., Inc. - Contract for Sale and Purchase - Consider staff recommendation to approve the Contract for Sale and Purchase of the Robert E. Teague, Jr., parcel for $1,500,000.00 as shown on the attached map, authorize the Chairman to execute the Contract, the First and Second Addendum and direct staff to close the Transaction and record -the documents in the Public Records of St. Lucie County, Florida. 7. ADMINISTRATION Dedication of plaque and road to the late Thomas J. White - Consider staff recommendation to 6 approve the plaque and road dedications in honor of the late Thomas J. White. m Regular Agenda March 2, 2004 Page Three 8. PUBLIC WORKS - EROSION 3710 6� Engineering Division - Update on the Fort Pierce Beach project Y CONSENT AGENDA March 2, 2004 1. WARRANTS LISTS Approve warrants list No. 24 2. COUNTY ATTORNEY A. Petition for Abandonment — Unopened, Unmaintained Platted Right -of -Way known as Avenue C — Request Permission to Advertise — Notice of Public Hearing — Consider staff recommendation to authorize staff to advertise a Public Hearing to be held on April 6, 2004 at 6:00 p.m. or as soon thereafter as possible. B. Interlocal Agreement with City of Vero Beach — Water ~Service to Crook Property on North Hutchinson Island — Consider staff recommendation to approve the Interlocal Agreement and authorize the Chairman to sign the Agreement. C. South 25th Street Roadway Widening — Midway Road to Edwards Road — Temporary Easement — Consider staff recommendation to approve the Purchase Agreement with William 'R. Shanaver in the amount of ONE THOUSAND THIRTY and no/100 DOLLARS ($1,030.00) as shown on the attached sketch and legal descriptions, authorize the Chairman to execute the Purchase Agreement and direct staff to close the transaction and record the documents in the Public Records of the St. Lucie County, Florida. D. South 25th Street Roadway Widening — Midway Road to Edwards Road - Temporary Construction Easement — Consider staff recommendation to accept the Temporary Construction Easement, authorize the Chairman to sign Resolution No. 04-71 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. E. Edwards 8-Selvitz Road Intersection - Improvement — Project — Consider_ . staff _ recommendation to approve the Contract for Sale and Purchase of the MacAdie/McAdie right-of-way for $5,300.00 as shown on the attached sketch and legal, authorize the Chairman to execute the Contract and direct staff to close the transaction and record the closing documents in the Public Records of St. Lucie County, Florida. F. Lennard Road Phase I and 11 — Consider staff recommendation to authorize the Chairman tb execute Easement Number 30972 and record in the Public Records of St. Lucie County, Florida. G. South 25th Street Roadway Widening — Midway Road to Edwards Road — Right-of-way — Consider staff recommendation to accept the donation of the parcel in exchange for the two (2) driveway connections as shown on the attached map, authorize the Chairman to execute the Contract and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. 3. UTILITIES A. Lease Agreement — St. Lucie County and Beach Club - Colony on the Ocean,- Inc. -= Consider staff recommendation to approve a lease agreement between St. Lucie County and Beach Club Colony, Inc. for leasing real property located at the site of the old wastewater treatment plant in Beach Club Colony and adopt Resolution No. 04-72. Consent Agenda March 2, 2004 Page Two B. Change Order - Speegle Construction 11, Inc. — Consider staff recommendation to approve the Change Order with Speegle Construction 11, Inc. for the installation of additional pavement at the North Hutchinson Island WWTP in the amount of $4,200.00. C. Final Payment Application and release of retainage with RK Contractors, Inc. for work completed at the St. Lucie County Airport Industrial Park Phase I Sewer Collection in the amount of $8,229.50 — Consider staff recommendation to approve the Final Payment Application and release of retainage with RK Contractors,. Inc. for work completed at the St. Lucie County Airport Industrial Park Phase I Sewer', Collection in the amount of $8,229.50. 4. LIBRARY St. Lucie West Library — Contracted Services annual payment — Consider staff recommendation to approve expenditures of $ l 57, 786 for Contracted Services at the St. Lucie West Library. Staff also requests that the County Administrator be authorized to sign the purchasing requisition for payment of services to Indian River Community College. 5. COMMUNITY DEVELOPMENT Tourism Division - Simple- Success Marketing Advertising Invoices — Consider staff recommendation to pay the -invoices. 6. PUBLIC WORKS Engineering Division — Request for a Public Hearing on Capron Trails Mine to increase their hours of operation. -= Consider staff - recommendation -to -approve- a -public -hearing date.. of April 6, 2004 or soon thereafter to consider therequestof the Capron Trail Mine to increase their hours of operation. 7. ADMINISTRATION Investment Committee Appointment Consider staff recommendation to ratify Commissioner Hutchinsbn's appointment of Mike Dillman to the Investment Committee. ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS ANNOUNCEMENTS MARCH 2, 2004 A. Meeting Changes: • The March 16, 2004 Board of County Commissioners meeting will be changed to 6:00 pm. The April 6, 2004 Board of County Commissioners meeting will be changed to 6:00 pm. B. The 37th Annual St. Lucie County Fair began on Friday, Feb. 27th and will run through Sunday, Mar. 7th at the St. Lucie County Fairgrounds. C. The Board of County Commissioners will hold a joint meeting with the City of Fort Pierce Commission, and the City of Port St. Lucie Council on Thursday, March 4, 2004 at the Schreiber Conference Center, Core Communities Auditorium, St. Lucie West iRCC/FAU Campus, St. Lucie West 500 N.W. California Blvd. Port St. Lucie, Florida, from 2:00 PM to 4:00 PM. D. The opening day for spring training home games for the New York Mets at the newly renovated Tradition Field will be on Friday, March 5th at 7:10 p.m. versus the St. Louis Cardinals. E. On March 12th at 10:00 AM will be the Official opening of the Zora Neale 1-furston Dust Track Heritage Trail will be at the Hurston Branch Library, 3008 Avenue D, Fort Pierce, Florida. F. The Board of County Commissioners will hold a special meeting on March 17, 2004 from 1:30 PM to 3:00 PM in the County Commission Chambers for the North County Charrette Report. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any parry to the proceedings will be granted the opportunity to cross-examine any Individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. M BOARD OF COUNTY COMMISSIONERS ADDITIONS AGENDA March 2,2004 REGULAR AGENDA RA1. COUNTY ATTORNEY Utility Service — Interlocal Agreement and Bulk Water, Wastewater and Reclaimed Water Service. — Consider staff recommendation to approve the revised Interlocal Agreement and the revised Bulk Service Agreement by adopting Resolution No. 04-74. CONSENT AGENDA CAI. PARKS AND RECREATION �<ea Recreation Advisory Board/City rt St. Lucie Trail System Master Plan — ��► 5 Consider staff recommendation to s ort the recommendation of the U�Recreation Advisory Board to hold its me ting with Port St. Lucie City staff to dis ss the County's interest in partici at' g in the implementation of the City' trail syste . C � � �(UG �� NOTICE: All Nceedings before is Board are electronically recorded. Any person who decides to appeal any action taken by the Board at t mgs will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, Individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any Individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462-1777 or TDD (772) 462-1428 at least forty- eight (48) hours prior to the meeting. TO: BOARD OF COUNTY COMMISSIONERS n ITEM NO. A-1 DATE: March 2, 2004 REGULAR [X]ADDITIONS PUBLIC HEARING [] CONSENT[] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Utility Service - Interlocal Agreement and Bulk Water, Wastewater and Reclaimed Water Service BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve the revised Interlocal Agreement and the revised Bulk Service Agreement by adopting Resolution No. 04-74. COMMISSION ACTION: $ , APPROVED [ ] DENIED [ ]OTHER: Approved 3-2 (Comm. Hutchinson - No) (Comm. Lewis - No) ouglas Anderson County Administrator Review and Approvals on County Attorney: Management & Budget Purchasing: _ Originating Dept. Utilities Dir: County Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 n 4< COUNTY: O.. ,R ., 1�D A ; INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 04-317 DATE: March 1, 2004 SUBJECT: Utility Service - Interlocal Agreement and Bulk Water, Wastewater and Reclaimed Water Service BACKGROUND: On February 10, 2004, the Board approved the form of an Interlocal Agreement and Bulk Service Agreement with the City of Fort Pierce ("City") and the Fort Pierce Utilities Authority ("FPUA") by adopting Resolution No. 04-61. Subsequent to the Board's action, City staff requested several changes to the Interlocal Agreement and Bulk Service Agreement which are identified in the attached blackline versions of those documents that are attached to this memorandum. County staff has reviewed the proposed changes and has no objections to the changes. The City approved the Interlocal Agreement and Bulk Service Agreement at the March 1, 2004 City Commission meeting. The FPUA Board of Directors approved the agreements at the March 2, 2004 Board of Directors meeting. RECOMMENDATION/CONCLUSION : Staff recommends that the Board approve the revised Interlocal Agreement and the revised Bulk Service Agreement by adopting Resolution No. 04-74. Ily subm Daniel 5. McIn County Attorn( DSM/caf Attachments N INTERLOCAL AGREEMENT THIS AGREEMENT made entered into this _ day of , 2004, by and among the CITY OF FORT PIERCE ("CITY"), a Florida municipal Corporation, The FORT PIERCE UTILITIES AUTHORITY ("FPUA"), a Special District organized under the Charter of the City of Fort Pierce, ST. LUCIE COUNTY ("County"), a political subdivision of the State of Florida. WITNESSETH: WHEREAS, the CITY and COUNTY are currently adverse parties in St. Lucie County v. City of Fort Pierce, Case No.: 02-CA-000390(PC), in the Circuit Court of the Nineteenth Judicial Circuit in and for St. Lucie County and City of Fort Pierce v. St. Lucie County, Case No.: 03-CA- 000483(OC), in the Circuit Court of the Nineteenth Judicial Circuit in and for St. Lucie County; and, WHEREAS, all parties hereto are likewise parties to City of Fort Pierce and Fort Pierce Utilities Authority v. St. Lucie County and Port St. Lucie, Case No.: 03-CA-000530(OC), in the Circuit Court of the Nineteenth Judicial Circuit in and for St. Lucie County; and, WHEREAS there exists numerous disputes between the CITY and COUNTY over the CITY's annexation policy wherein the CITY imposes a requirement that property owners agree to annexation when property becomes contiguous as a condition for receipt of potable water and wastewater services from the FPUA: and, WHEREAS, the COUNTY is desirous of entering into an agreement with the CITY and FPUA for potable water and wastewater services in certain geographical areas under a bulk sale agreement; and, -1- M M WHEREAS, there exists a dispute between the City and FPUA on the one hand, and the COUNTY on the other, over whether FPUA is the sole provider of potable water and wastewater services in certain geographical areas and whether provisions of service by the County in any of these geographical areas violates the COUNTY's Comprehensive Plan, any element thereof, the COUNTY's potable water/wastewater master plan, County Resolution 91-106, and other implementing documents; and WHEREAS, the parties are desirous of eliminating disputes over their current and future utility service areas and boundaries as to which they respectively provide or will provide potable water and wastewater services; and, WHEREAS, the parties jointly recognize declared public policy of this state, as expressed by Fla. Stat. Section 164.102, that conflicts between governmental entities be resolved to the greatest extent possible without litigation wherein it is in the public's interest that expense and uncertainty of such litigation be avoided and where important public policies involving annexation, future revenues and provision of potable water and wastewater services are better served by what follows; and WHEREAS, it is the purpose and intent of this Agreement to resolve most, but not all of the current disputes between the parties, and to further provide a framework within which such disputes and concerns as aforesaid may be discussed and potentially resolved as herein provided for; and, WHEREAS, the parties intend to be bound by the terms and provisions hereof and further recognize that this Agreement sets forth specific legal rights and remedies with respect to the subject matter herein contained. NOW THEREFORE, it is agreed by and among the parties hereto as follows: -2- M n 1. COUNTY shall not provide potable water or wastewater utility service within the boundaries of the area designated on Exhibit 1 attached hereto, such area known hereafter as "Area A", without the prior written consent of CITY and FPUA, which consent may be withheld at the sole discretion of CITY and FPUA. FPUA shall provide potable water and wastewater utility service in Area "A". The County acknowledges that FPUA will provide such utility services within Area "A" in a manner consistent with the City's annexation policies. The County further agrees to adopt appropriate policies within the County's Comprehensive Plan, and Utility Master Plan and other growth management regulations acknowledging, without prejudice, that FPUA will provide water and wastewater service within Area "A" in a manner consistent with the City's annexation policies provided, however, that ttie eounty's annexation agreement seivice ephement does not constitate a waiver of the eomity's right to object to tu ulk, a1MV-ZatiOlIS Within Area " ". COUNTY shall withdraw and agrees not to proceed with all pending objections to any CITY annexation located within Area "A", whether currently in litigation or conflict resolution. CITY shall withdraw without prejudice those Ordinances (Nos. K-129 through K-134) that proposed to annex all of those properties that were included as part of the City's plan to annex the County -owned airport properties and agrees not to proceed with the adoption of those Ordinances. Notwithstanding anything to the contrary in this Agreement the currently existing annexation agreement covering the St. Lucie County Airport will remain in full force and effect and no party shall be deemed to have waived any right or entitlement under the annexation agreement or any objection to the annexation agreement by entering into this Agreement. Upon signing this Agreement, CITY and COUNTY shall, immediately work together towards the goal of entering into a Joint Planning Agreement to eliminate future annexation disputes within Area "A" and coordinate the provision of -3- `44 governmental services related to such annexation. The County, City and FPUA agree to cooperate on the eventual relocation of the FPUA's Hutchinson Island wastewater treatment plant. 2. The FPUA shall not provide potable water and wastewater utility service within the boundaries of the area designated on Exhibit 1 as attached hereto, such area known hereafter as "Area B" (except as to customers currently being serviced by the FPUA, and as listed in Exhibit 3 attached hereto), without the prior written consent of County, which consent may be withheld at the sole discretion of County. 3. FPUA may provide the County with bulk potable water, wastewater and reclaimed water service within Area B in accordance with the terms of the bulk service agreement (the "Bulk Service Agreement") in Exhibit 4 attached hereto. The parties shall execute the Bulk Service Agreement upon execution of this Agreement. When provided, the FPUA shall provide such bulk services to the County without the requirement of annexation into the City as a condition to such service. 4. It is expressly intended that nothing in this Agreement` be construed as creating or evidencing an obligation on the part of any of the parties to unconditionally provide potable water or wastewater services in Area "A" or Area `B" That is FPUA may not be compelled by any party, person or entity to provide service within Area A, and COUNTY may not be compelled by any party, person or entity to provide service within Area B. 5. In accordance with FPUA Resolution UA 91-8, and subject to the conditions set forth below, FPUA shall sell the FPUA water distribution system south of the Florida Power & Light nuclear power plant ("FP&L Plant") to the County. FPUA will retain retail water service to the area between the current City limits (Blue Heron Boulevard) and the FP&L Plant in Area A. -4- `41 From that point south to the Martin County Line, FPUA will continue to provide retail water service until bulk water revenues from the County on the County's mainland utility system equal the difference between combined current FPUA revenues on North and South Hutchinson Island and the bulk water revenues for those areas at the $1.90 per 1000 gallons rate (plus any incremental increases as allowed by the Bulk Service Agreement). At such time, the County shall compensate FPUA for the value of the water distribution system and Repump No. 2., which value is to be determined to the mutual satisfaction of the County and FPUA. 6. COUNTY agrees, for itself, that the Bulk Rate Utility Interlocal Agreement entered into by the City of Port St. Lucie and COUNTY, as approved by the County Commission on or about November 4, 2002, and as may be subsequently modified or amended, shall not apply to any potable water or wastewater service within Area "A" which is reserved by this Agreement to CITY and FPUA. 7. The parties agree that no development order shall be issued, nor any construction commence, after this Agreement is approved be each of the parties and it becomes effective according the terms hereof which may be inconsistent with the terms and provisions above which, among other things, establish service Area "A" to CITY and FPUA, and service Area "B" to COUNTY. 8. The parties agree that within sixty (60) days after this Agreement becomes effective, COUNTY will conduct a straw poll of the residents of the Indian River Estates area as to whether or not they desire to receive water service and if so, whether they desire to receive retail utility service from the FPUA subject to a deferred annexation policy of 15 years as approved and ratified by previous action of the CITY, or if they desire to receive retail utility service by COUNTY with bulk utility service provided by FPUA. The CITY and FPUA shall prepare the -5- form of the straw poll ballot with COUNTY providing CITY a description of the COUNTY service option as well as the no water service option. The parties agree that service to the Indian River Estates area will be provided based upon the decision of the majority vote of those residents participating in the straw poll. In the event that the residents approve retail service by FPUA, FPUA agrees to contribute $3,500,000 toward the construction of the MSBU project. 9. The parties understand and represent that the terms of this Agreement either are, or should be consistent with requirements of their respective comprehensive plans and current potable water/wastewater master plans. Each will provide the other written confirmation of consistency, in form and substance acceptable to the others, and approved by the governing body. In the event there is a material inconsistency between the terms of this Agreement and either or both of any party's comprehensive plan and potable water/wastewater master plan, such inconsistency shall be promptly reviewed and addressed within the next one hundred eighty (180) days in the manner provided by law, based upon considerations of public health, safety and general welfare and such other factors as are properly considered in the course of normal review. Such review is not to be construed as "contract planning" as prohibited by law inasmuch as no party hereto commits itself in advance to eliminate any such inconsistency based solely upon this Agreement. 10. In the event that either party considers an amendment of its Comprehensive Plan or potable water/wastewater Master Plan which could reasonably be interpreted or understood as inconsistent with any term of this Agreement, such party shall give immediate written notice of the considered provision to the other parties as early in the process of proposed adoption as possible. 11. Upon execution of this Agreement by all governing bodies, through resolution, and when it further becomes effective, it shall be submitted for approval by the Court, as incorporated in joint motions for approval, and shall be binding upon the parties as to any subject matters covered by this Agreement, which may be embodied within issues in each of the pending cases named above, numbers 02-CA-000390(PC), 03-CA-000483(OC), and 03-CA-000530(OC). To the extent this Agreement may constitute a full and final settlement of all issues pending in such case, the parties shall agree to a stipulated final judgment, and such cases will then be dismissed. Such dismissal shall be with prejudice except that it shall be without prejudice to any matter, cause, or issue not otherwise governed by this Agreement, and shall further be without prejudice to revival to any proceedings otherwise dismissed in the event this Agreement or any part thereof is invalidated hereafter through final judgment by a court of competent jurisdiction in any proceeding brought by a person or entity who is not a party to this Agreement. Should any such action be refiled after dismissal, it is agreed that no Section 95.11, or defense of collateral estoppel, or other defense based upon passage of time, nor shall any subsequent voluntary dismissal by any party thereafter be deemed an adjudication on the merits for purposes of Fla.R.Civ.P. Rule 1.420(a) by virtue of the original dismissal pursuant to this Agreement. 12. The parties to this Agreement agree that neither the City, the FPUA, nor the County shall take any actions, either directly or indirectly, to prevent the implementation of this Agreement or alter the terms of this Agreement, including, but not limited to filing legal actions or administrative actions. 13. This Agreement may be executed in counterparts, and shall become effective upon filing with the Clerk of the Circuit Court. 14. This Agreement has been approved by the governing political bodies of the CITY, County and FPUA, and each signatory hereto represents their authority to execute this Agreement on behalf of their respective local government. Qra M M 15. Nothing in this Agreement shall be deemed to affect the rights of any person not a party to this Agreement. This Agreement is not intended to benefit any third party who is not a signatory to this Agreement. 16. Each party to this Agreement shall bear its own costs, including attorneys' fees, incurred in connection with the legal proceedings resolved by this Agreement. 17. All parties to this Agreement are deemed to have participated in its drafting. In the event of any ambiguity in the terms of this Agreement, the parties agree that such ambiguity shall be construed without regard to which of the parties drafted the provision in question. 18. Should any part of this Agreement be found and declared by a Court of competent jurisdiction to be invalid for any reason, such invalid portion shall be severed from this Agreement and the remainder of the Agreement not otherwise declared expressly invalid shall remain in full force and effect. 19. Each party further agrees and consents that in the event of a breach or threatened breach of the provisions of this Agreement by any party, in addition to any other rights and remedies available to any party under this Agreement or otherwise, any party shall be entitled to an injunction to be issued by a court of competent jurisdiction, restricting or prohibiting the other party from committing or continuing any violation of this Agreement, and upon a proper showing as to the breach or threatened breach, irreparable harm, damage, or injury shall be presumed. The parties further agree that if either party avails itself of the procedure set forth in Florida Statute 164.1041(2)(as such statute exists or is hereafter amended), and a finding is made that an immediate danger to health, safety, or welfare of the public requires immediate legal action, or that significant legal rights will be compromised if a court proceeding does not take place In n immediately, the other party shall not challenge or otherwise object to the factual finding by the governing body of the other party except as to any procedural error or defect. 20. All notices required or permitted to be given under the terms and provisions of this Agreement by either party to the other shall be in writing and shall be sent by registered or certified mail, return receipt requested, to the parties as follows: As to the CITY: Fort Pierce City Manager Fort Pierce City Hall 100 North U.S. 1 Post Office Box 1480 Fort Pierce, Florida 34954-1480 As to the FPUA: Fort Pierce Utilities Authority Director 206 South 6`h Street Fort Pierce, Florida 34950 As to the COUNTY: St. Lucie County Administrator 2300 Virginia Avenue Administrative Annex Fort Pierce, Florida 34982 With a copy to: Fort Pierce City Attorney Fort Pierce City Hall 100 North U.S. 1 Post Office Box 1480 Fort Pierce, Florida 34954-1480 With a copy to: Fort Pierce Utilities Authority Attorney 401-A South Indian River Drive Fort Pierce, Florida 34950 With a copy to: St. Lucie County Attorney 2300 Virginia Avenue Administrative Annex Fort Pierce, Florida 34982 21. In the event suit is brought to resolve any dispute between the parties arising from this Agreement, each party shall bear its own attorneys' fees, court costs and litigation expenses, including all fees and costs of all experts, consultants, and other related out -of -court expenses. Each party shall bear its own costs, including attorneys fees, incurred in connection with the legal proceedings resolved by this Agreement. 22. This Agreement shall not be changed, modified or amended in any respect except by written instrument signed by the parties hereto. Na M L-A' IN WITNESS WHEREOF the parties have executed the Agreement. ST. LUCIE COUNTY CITY OF FORT PIERCE DATE: FORT PIERCE UTILITIES AUTHORITY LI-M DATE: DATE: -10- M n EXHIBIT 4 AGREEMENT BETWEEN FORT PIERCE UTILITY AUTHORITY AND ST. LUCIE COUNTY, FLORIDA, FOR PROVISION OF BULK WATER, WASTEWATER AND RECLAIMED WATER SERVICE THIS AGREEMENT is entered into between the Fort Pierce Utility Authority, a Special District organized under the Charter of the City of Fort Pierce ("FPUA"), and St. Lucie County, Florida, a political subdivision of the State of Florida ("St. Lucie County"). WITNESSETH: WHEREAS, St. Lucie County has various needs from time to time throughout the areas that St. Lucie County's utility department provides service to purchase bulk potable water, wastewater and reclaimed water service; and WHEREAS, FPUA has available water, wastewater and possible future reclaimed water service from time to time which it desires to make available to St. Lucie County for Purchase; and WHEREAS, both St. Lucie County and FPUA have the legal ability and authority to enter into an agreement for the sale and purchase of water and wastewater; and WHEREAS, the Parties find that this Agreement serves a public purpose and is to the public's benefit; and WHEREAS, St. Lucie County and FPUA desire to enter into this Agreement to accomplish the purposes set forth above (the "Agreement"). NOW, THEREFORE, in consideration of the premises and covenants herein contained, FPUA and St. Lucie County agree as follows: Whereas Statements: The foregoing statements are true and correct. 2. Agreement to Serve: a. FPUA agrees to provide bulk potable water, wastewater and reclaimed water service ("Bulk Service") to St. Lucie County, in accordance with the terms and provisions of this Agreement. Subject to availability at the time of request, St. Lucie County may, from time to time, request FPUA to provide water, wastewater or reclaimed water service to St. Lucie County at points of connection located outside of FPUA's existing utility service area as proposed by St. Lucie County. To the extent that the service requested by St. Lucie County (a "Service Request") is available at the time of request and interconnection with the St. Lucie County utility system at the proposed points of connection is economically feasible, as determined in the reasonable discretion of FPUA, and provided that the provisions of Section 3 below are complied with, including a determination that utility service within the city limits of Fort Pierce or FPUA service area will not be impaired or detrimentally affected, FPUA shall provide the requested service. Provided each Service Request complies with the requirements of this Agreement, the respective staffs of St. Lucie County and FPUA are authorized to implement the terms of this Agreement with respect to such Service Request without further action of the St. Lucie County Commission or FPUA governing board. There is no annexation requirement g:\atty\agreemntinterloc\fpua-Ex4 2-9 as a condition of provision of service by FPUA to St. Lucie County pursuant to the terms of this Agreement. b. As required by all applicable FPUA resolutions addressing FPUA's Industrial Pretreatment Program and City of Fort Pierce Sewer Use Ordinance No. UA 98-5 or succeeding revised Sewer Use Ordinance, any industrial users that connect to the St. Lucie County utility system served by FPUA Bulk Wastewater Service will be subject to FPUA's industrial pretreatment program. This program is governed by Administrative Code 62-625 and administered by the State of Florida Department of Environmental Protection, Tallahassee, Florida. All permitting and operational costs, including surcharges/excess strength fees as defined and applicable in the FPUA resolutions, will be collected by St. Lucie County from such industrial users and remitted to FPUA with the next month's billing of Bulk Service Rates. The specific responsibilities of FPUA and St. Lucie County with regard to implementing and enforcing an Industrial Pretreatment Program that meets all state and federal requirements will be delineated in a separate Interlocal Agreement dealing only with the Industrial Pretreatment program in the bulk wastewater service areas. 3. Method of Extension and Delivery of Service: The provisions for the construction, installation and operation of the facilities of FPUA up to the point(s) of connection and the facilities of St. Lucie County past the point(s) of connection will be determined jointly by FPUA and St. Lucie County. St. Lucie County shall share equitably with FPUA in the capital cost associated with the extension of new mains or oversizing of mains necessary to bring adequate quantities of water to the bulk metering point(s) of connection in accordance with the then current FPUA policies for extending water and sewer service to new customers. St. Lucie County shall bear the initial capital cost of the master meter(s), backflow prevention devices, and pressure -sustaining valves required for service to St. Lucie County and shall transfer ownership of such master meter(s) and other backflow prevention or pressure sustaining devices to FPUA, which shall, after transfer, assume the obligation to operate, maintain and replace such master meter(s) and other devices. All master meters and backflow prevention devices shall be tested annually by FPUA, with the cost of such testing to be paid by St. Lucie County. FPUA shall provide service to St. Lucie County at the points of connection in accordance with then existing regulations and standards not in conflict with the terms of this Agreement or the Charter of the City of Fort Pierce. 4. Rates and Charp-es: St. Lucie County agrees to pay the following bulk rates for the services requested. FPUA shall charge St. Lucie County for bulk water service at a rate of $1.90 per thousand gallons (the "Bulk Water Rate"), for bulk wastewater service at a rate of $4.60 per thousand gallons (the "Bulk Wastewater Rate") and a rate for bulk reclaimed water service (including Capital Improvement Charges, if any) as shall be agreed upon between the parties at such time as FPUA institutes a reclaimed water service program (the "Bulk Reclaimed Water Rate"), all as measured at master meter(s) for each service (collectively, the "Bulk Service Rates"). Bulk wastewater volumes for billing shall be determined from bulk water meter readings and retail irrigation -only meter readings within the bulk water service area, as described in Paragraph 6. The Bulk Service Rates may be revised from time to time by FPUA, at such time and in the same percentage as FPUA revises its retail residential customer class commodity charges for the lowest consumption level. There shall be no surcharge imposed on the Bulk Rates charged to St. Lucie County. Retail water and wastewater rates established by St. Lucie County for the bulk water service areas shall be structured such that they will not be lower than the retail water and wastewater rates for FPUA customers within the City of Fort Pierce. Payments of Water/Wastewater Capital Improvement Charges: a. Provisions with respect to St. Lucie County's payment of Water and Wastewater Capital Improvement Charges are as follows: Water Capital Improvement Charges: $1,378.00 per g:\atty\agreemntinterloc\fpua-Ex4 2-9 equivalent residential connection ("ERC"). A Water ERC is based upon 300 gallons per day; Wastewater Capital Improvement Charges: $1,222.00 per ERC. A Wastewater ERC is based upon 240 gallons per day. Separate Capital Improvement Charges will be assessed for irrigation -only water use, in accordance with standard FPUA policies. All Capital Improvement Charges may be revised from time to time by FPUA, at such time and in the same percentage as the FPUA revises its retail residential customer class Capital Improvement Charges. There shall be no other capital or impact charges to St. Lucie County for Bulk Service. b. St. Lucie County will collect the Water Capital Improvement Charges and Wastewater Capital Improvement Charges and remit the same to FPUA upon the earlier of the initial provision of utility service by St. Lucie County to a customer or the receipt of payment by St. Lucie County of such Capital Improvement Charges pursuant to a developers agreement reserving utility capacity with St. Lucie County. St. Lucie County and FPUA shall resolve in good faith any issues regarding whether a particular customer or developer agreement is being provided utility service pursuant to this Bulk Service Agreement. St. Lucie County and FPUA shall perform a true -up of Capital Improvement Charge payments as of October 1 of each year during the term of this Agreement based upon the average daily flows for the prior 12 months, as measured at the master meter(s), divided by the agreed upon Water ERC and Wastewater ERC set forth above ("True Up ERC's). In the event that the True Up ERC's exceed the number of ERC's for which St. Lucie County has made payment to FPUA, then St. Lucie County shall pay the difference between the True Up ERC's and the paid ERC's. If bulk average daily flows indicate a lower demand than ERC projections, there shall be no downward adjustment of ERC's or Capital Improvement Charges. The bulk wastewater service areas will coincide with bulk water service areas. C. It is the intention of FPUA to utilize the existing South Hutchinson Island (SHI) Water Reclamation Facility (WRF) to it's fullest capacity. ERC's for wastewater treatment will be issued to FPUA and St. Lucie County bulk wastewater customers until 100% of the SHI WRF capacity is reached. St. Lucie County agrees that Capital Improvement Charges collected for bulk wastewater ERC's connected to the SHI WRF are reimbursements to FPUA for sunk cost of treatment and transmission facilities necessary to transport and treat the wastewater. Both parties understand that when certain capacity limits are reached, State regulations require certain steps to be taken to start the process for a new plant to be sited, designed and constructed. Both parties agree that in the event the SHI WRF is required to be taken out of service by a regulatory agency or by any statute, rule, regulation or court order, it will be the joint responsibility of St. Lucie County and FPUA to plan for replacement capacity at another site. FPUA and St. Lucie County will plan for and construct the future mainland wastewater treatment plant as partners, with each party paying it's share of costs on an allocated capacity basis, rather than a capital improvement charge basis. 6. Billing: FPUA shall bill St. Lucie County each month for Bulk Service, subject to the provisions of the FPUA rules and regulations, as amended from time to time. Bulk wastewater billings shall be based upon bulk water meter readings, less the aggregate sum of all irrigation -only water meter readings within the County's bulk water service area. FPUA shall separate each month's bill by points of connection between FPUA and St. Lucie County. Bills are due when rendered and will be considered late if not paid within 15 days. Notwithstanding provisions in the FPUA Code to the contrary, FPUA shall not discontinue Bulk Service to St. Lucie County for non-payment unless it has provided St. Lucie County 30 days written notice of FPUA's intention to discontinue service for non-payment by St. Lucie County with a right to cure. In the event of a dispute over the accuracy of a bill, St. Lucie County shall pay the non -disputed portion of the bill to FPUA and provide FPUA written notice detailing the reason for the disputed portion of the bill. FPUA shall not discontinue service for non-payment of the disputed portion of the bill. Disputes over billing accuracy that are not amicably resolved between the parties within 20 days of written notice to FPUA from St. Lucie County shall be resolved pursuant to the Dispute Resolution provisions set forth in Section 10 below. g:\atty\agreemntinterloc\fpua-Ex4 2-9 I 7. North Hutchinson Island Service Agreement: Upon execution of this Agreement, the current North Hutchinson Island Bulk Utility Service Agreement between the County and FPUA ("NHI Bulk Service Agreement") shall be automatically terminated, and the Bulk Service Agreement shall take immediate effect for service to North Hutchinson Island, subject to the following bulk water rate transition period: (1) for a period of two years from the date of this Agreement, the bulk water rate shall remain at the current rate charged by FPUA to the County under the NHI Bulk Service Agreement ("Current Rate"); (2) commencing at the end of the two year period, and on the same date for the next three years, the bulk water rate will be reduced by one quarter of the difference between the Current Rate and the bulk water rate for the same time frame as calculated under the Bulk Service Agreement (including any applicable incremental increases); (3) commencing at the end of fifth year, the bulk water rate shall be the same as the then current bulk water rate under the Bulk Service Agreement (including any applicable incremental increases). St. Lucie County shall pay no Capital Improvement Charges or impact fees for development that is existing (or fully permitted by St. Lucie County and FDEP) at the time of this Agreement and for a period of two years from the date of this Agreement. St. Lucie County shall pay capacity fees to FPUA for all development on North Hutchinson Island permitted after said two-year period. 8. Airport Properties Service Agreement: Upon execution of this Agreement, the existing water service agreements between FPUA and St. Lucie County for service to St. Lucie County's Airport Properties shall be automatically terminated and replaced by this Agreement. The parties agree that the annexation agree nent shall not be tenninat such termination shall be without n r___-- ___-3 _W__, or any objection to the annexation agreement by entering into this Agreement. The rates for bulk service as set forth in this Agreement shall commence with the next billing cycle 30 day after the execution of this Agreement ("Changeover Date"). The rates for bulk service in the existing bulk water service agreement shall apply until the Changeover date. St. Lucie County shall pay no Capital Improvement Charges or impact fees for the existing bulk service provided at the Changeover Date. St. Lucie County shall pay capacity fees to FPUA for all development on St. Lucie County's Airport Properties permitted after the Changeover Date. 9. Term: The term of this Agreement shall be 30 years, and may be extended by the parties for 2 additional terms of 30 years which extension must be agreed upon on or before the 15th year of the initial term or an extension term, as applicable. Either party may terminate this agreement upon providing the other party 15 years written notice of termination; provided, however, that in the event the remaining term at the time of notice of termination is less than 15 years, the term of this Agreement shall be extended so that the Agreement will terminate in not less than 15 years. 10. Force Majeure: In the event that performance of this Agreement by either party to this Agreement is prevented or interrupted beyond the control of either party, including, but not limited to, act of God or the public enemy, war, national emergency, allocation or of other governmental restrictions upon the use or availability or labor or materials, rationing, civil insurrection, riot, radical or civil rights disorder or demonstration, strike embargo, flood, tidal wave, fire, explosion, bomb detonation, nuclear fallout, windstorm, hurricane, earthquake, or other casualty or disaster or catastrophe, failure or breakdown of pumping transmission or other facilities, governmental rules or acts or orders or restrictions or regulations of requirements, acts or action of any government or public or governmental authority or commission or board or agency or agent or official officer, the enactment of any statute or ordinance or resolution or regulation or rule or ruling or order, in order to decree or judgment or restraining order or injunction of any court, said party shall not be liable for such non- performance. g:\atty\agreemntinterloc\fpua-Ex4 2-9 sue,, 'rrr� 11. Laws of Florida: This Agreement shall be governed by the laws of the State of Florida and it shall become effective immediately upon execution by both parties hereto, subject to any approvals which must be obtained from governmental authority, if applicable, and subject to all conditions precedent for the rendering of service as set forth in this Agreement. 12. Dispute Resolution: In the event either party to this Agreement is required to enforce this Agreement the following procedure shall be followed: 12.1 Prior to initiating any litigation between the parties, the initiating party shall provide a written notice to the non -initiating party of its intent to bring litigation together with a reasonably detailed description of the nature of the claim. Within ten (10) days of receipt of such notice, the parties shall schedule a pre -litigation mediation proceeding which meeting shall take place within twenty (20) days or such other time as the parties may agree to attempt to mediate an amicable resolution of the dispute. The parties shall cooperate with each other to select a mutually agreeable mediator. The cost of mediation shall be borne equally by each party. Mediation shall take place at the FPUA administrative complex. 12.2 Any controversy or claim arising out of or relating to this Agreement, or any breach thereof, that is not resolved through the mediation process specified in subsection 12.1, shall be resolved by binding arbitration, before a three member panel, in accordance with the rules then obtaining of the American Arbitration Association. Each party shall select one arbitrator and the two arbitrators so selected shall select a third arbitrator. The third arbitrator must have experience in the water and wastewater utility operations and management business. Arbitration shall take place at the FPUA's administrative complex. Any judgment upon the award rendered maybe entered in any court having jurisdiction. The cost of arbitration shall be borne equally by each party. Each party shall bear its own attorneys fees and costs arising out of any mediation and arbitration. MISCELLANEOUS PROVISIONS 13. Whenever the singular number is used in this Agreement and when required by the context, the same shall include the plural, and the masculine, feminine and neuter genders shall each include the others. 14. Exhibits mentioned in this Agreement are hereby incorporated herein by reference and made a part hereof as fully set forth herein. 15. This Agreement may be executed in several counterparts, each of which shall be deemed an original and such counterparts shall constitute one and the same instrument. 16. No agreement shall be effective to add to, change, modify, waive or discharge this Agreement, in whole or in part, unless such agreement is in writing and signed by the parties hereto. In the event that any non -material provision of this Agreement is determined to be of no force and effect by a court of law, such provision shall be severed from this Agreement and the remaining Agreement shall continue in full force and effect. 17. Whenever approvals of any nature are required by either party to this Agreement, it is agreed that same shall not be unreasonably withheld or delayed. 18. Within sixty days of execution of this Agreement, St. Lucie County shall provide FPUA with a 5-year projection of bulk water and wastewater demands at all connection points. St. Lucie County shall update the 5-year projection annually thereafter during the term of this Agreement. g:\atty\agreemntinterloc\fpua-Ex4 2-9 fur ' %o At least annually, FPUA shall also provide the City of Fort Pierce a written report analyzing the extension of facilities services and capacities required of it under this Agreement. 19. In the event that during the term of this Agreement, St. Lucie County elects to construct water or wastewater treatment capacity for new development not already served under this Agreement, then St. Lucie County shall provide FPUA with 5 years prior notice of such construction. Such construction may not replace existing demand on FPUA's bulk supply (unless such notice is accompanied by a notice of termination of this Agreement, in which event the constructed capacity may not be used to replace existing demand on FPUA's bulk supply until the effective date of the termination of this Agreement). 20. During the term of this Agreement, St. Lucie County shall not reduce the number of ERC's of water and wastewater service utilized under this Agreement and furnish those St. Lucie County Customers with water and wastewater service from another source, including one owned and operated by St. Lucie County (provided the County may continue to provide water and wastewater service from its existing water and wastewater facilities until the current capacity of those existing systems is fully utilized). This requirement shall allow, however, for normal fluctuations in water and wastewater demand. 21. During the term of this Agreement, FPUA shall be the exclusive bulk service provider to St. Lucie County within Area B, subject to the following conditions: (1) to the extent that FPUA denies a Service Request from St. Lucie County, St. Lucie County may meet such Service Request from another source, including one owned and operated by St. Lucie County; (2) to the extent that St. Lucie County currently receives bulk utility service from the City of Port St. Lucie for the Okeechobee Road corridor, St. Lucie County may continue such bulk service but only to the extent of capacity reserved as of the date of this Agreement as set forth on Attachment A to this Agreement; and (3) to the extent that St. Lucie County secures emergency interconnections with other utility systems and utilizes such emergency interconnections for temporary or emergency service needs. 22. St. Lucie County's retail customers in the bulk water service areas will be subject to the same water use restrictions as may be imposed on FPUA's retail customers under emergency conditions. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature: ATTEST: Deputy Clerk g:\atty\agreemntinterloc\fpua-Ex4 2-9 FORT PIERCE UTILITIES AUTHORITY By: .................................... APPROVED AS TO FORM AND CORRECTNESS: By: FPUA General Counsel BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: .................................... Chairman On m ATTEST: Deputy Clerk g:\atty\agreemntinterloc\fpua-Ex4 2-9 APPROVED AS TO FORM AND CORRECTNESS: By: St. Lucie County Attorney a n RESOLUTION NO. 04-74 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, APPROVING THE REVISED INTERLOCAL AGREEMENT WITH THE FORT PIERCE UTILITIES AUTHORITY AND THE CITY OF FORT PIERCE FOR POTABLE WATER AND WASTEWATER SERVICES IN CERTAIN GEOGRAPHICAL AREAS SHOWN IN THE SERVICE AREA MAP UNDER A BULK SALE AGREEMENT WHEREAS, on February 10, 2004, the Board approved the form of an Interlocal Agreement and Bulk Service Agreement with the Fort Pierce Utilities Authority and the City of Fort Pierce for Potable Water and Wastewater Services in certain geographical areas shown in the service area map under a bulk sale agreement WHEREAS, subsequent to the Board's action, City staff requested several changes to the Interlocal Agreement and Bulk Service Agreement. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida that: 1. The revised Interlocal Agreement, attached as "Exhibit A", including the revised Bulk Utility Service Agreement and Service Area Map contained therein, is hereby approved. After motion and second the vote on this resolution was as follows: Chairman Paula A. Lewis XXX Vice Chairman John D. Bruhn XXX Commissioner Doug Coward XXX Commission Frannie Hutchinson XXX Commissioner Cliff Barnes XXX PASSED AND DULY ADOPTED this 2"d day of March, 2004. ATTEST: DEPUTY CLERK G:\ATTY\RE50LTN\2004\04-74.wpd BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks & Recreation M ITEM NO. CA-1 DATE: March 2, 2004 REGULAR [ PUBLIC HEARING [ ] CONSENT [x ] PRESENTED BY: Pete Keogh, Director SUBJECT: Recreation Advisory Board/ City of Pt. St. Lucie Trail System Master Plan BACKGROUND: The Recreation Advisory Board held its monthly meeting on February 18tn. During the meeting a motion was made to hold the next RAB meeting at the City of Pt. St. Lucie for the purpose of discussing the implementation of the city's trail system master plan. City staff who are involved with the project will be invited to share the plan with the RAB members. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION Staff requests that the Board of County Commissioners support the Recreation Advisory Board's recommendation to hold its next meeting with Pt. St. Lucie city staff to discuss the county's interest in participating in the implementation of the city's trail system master plan. COMMISSION ACTION: APPROVED [ ] OTHER: [ ] DENIED Approved 5-0 With additional wording added by Riverwalk, Greenway & Trail Comm. Coward as follows: System. Implementation of the City's Coordination/Signatures County Attorney: Mgt & Budget: Originating Dept: Public Works: Finance: (Check for Copy only, if applicable) CONCURRENCE: y"�� Doug nderson County Administrator Purchasing: Other: M BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Datc: l+ebruary 24, 2004 Convened: 9:00 a.m. Tape: 1,2 Adjourned: 10:40 a.m. Commissioners Present: Chairperson, Paula A. Lewis, John D. Bruhn, Cliff Barnes, Doug Coward, Frannie Hutchinson Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Dan McIntyre, County Attorney, Dennis Murphy, Community Development Director, Pete Keogh, Parks & Rec. Director, Don West, Public Works Director, Roger Shinn, Central Services Director, Beth Ryder, Community Services Director, Marie Gouin, M & B Director, Millie Delgado -Feliciano, Deputy Clerk MINUTES (1-024) It was moved by Corn. Bruhn, seconded by Com. Hutchinson, to approve the minutes of the meeting held l7cbruary 17, 2004; and, upon roll call, motion carried unanimously. 2. PROCLAMATIONS/PRESENTATIONS A. Resolution No. 04-62- A Resolution proclaiming the month of March, 2004 as "Indian River Community College Swimming and Diving Month" in St. Lucie County, Florida. It was moved by Com. Coward, seconded by Com. Bruhn, to approve Resolution No. 04-62; and, upon roll call, motion carried unanimously. Mr. Jerry Mocl<, IIZCC Asst. Dean of Research was present to accept the proclamation. B. The County Administrator read upcoming events and meetings. 3. GENERAL PUBLIC COMMENTS (1-110) Mr. Bill Hearn, Indrio Road resident, questioned being able to bring back a matter for reconsideration by the Board. The County Attorney addressed his question. Mr. Hearn asked the Board to re -consider the industrial light rezoning which was approved at last week's meeting. Ms. Michele McGovern, Aide to Representative Nelson, addressed the Board and advised them that Mr. Nelson office would be located in the building today for any concerns or questions. Ms. Julie Orben, Lakewood Park resident, addressed the Board regarding questions she previously had regarding mounds of dirt being placed in her area. The Public Works Director addressed her question and stated it was presently being handled through the County's Code Enforcement Office and they would be reporting back to him. 4. CONSEN'C AGENDA (1-150) cm M It was moved by Com. Coward, seconded by Com. Barnes, to approve the Consent Agenda as amended to include the additions CA-1; and, upon roll call, motion carried unanimously. WARRANT LIST The Board approved Warrant List No. 23. 2. PUBLIC WORKS Building and Zoning- The Board approved the purchase of two F-150 Extended Cabs to replace vehicles ID # 40-3526 and ID# 40-3527 and approved Budget Amendment # 04- 136 and Equipment Request No. EQ4-239 and EQ04-240. 3. PARKS AND RECREATION A. Request approval to serve/sell at South County Stadium- The Board approved the City of Port St. Lucie's request on behalf of the United Third Bridge to serve/sell alcohol at South County Stadium during its San Juan Festival on June 26, 2004. B. Request for approval to serve/sell alcohol at the St. Lucie County Fairgrounds, Equestrian and Events Center- The Board approved the St. Lucie County Fair Association's request to serve/sell alcohol during the St. Lucie County Fair dates of February 27, 2004 through March 7, 2004 at the St. Lucie County Fairgrounds. 4. PURCHASING A. ' First Extension to Contract No. CO2-03-295 with Hennis Construction Co. ,Inc., - The Board approved the first extension to contract CO2-03- 295 with Hennis Construction Co., and authorized the Chairman to sign the extension as prepared by the County Attorney. B. Permission to advertise invitation for Bid for the Abandonment of Artesian Wells — The Board approved the request to advertise and Invitation for Bid for Abandonment of Artesian Wells. C. Bid # 04-021- I. Louis Ellis Memorial Park Concession Restroom Building (Re -bid)- The Board approved awarding Bid # 04-021 to the lowest bidder Hennis Construction for $139,500 and authorized the Chairman to sign the contract as prepared by the County Attorney. D. Permission to advertise Invitation for Bid for lease of Airport property- Tlhe Board approved the request for permission to advertise an Invitation for Bid for lease of the Airport property located at the northwest corner of US 1 and 25`h St. E. Pay Telephone Services- The Board authorized the County Administrator or his designee to execute agreements on behalf of the County for Pay Telephone Services and install courtesy phones in appropriate locations with local calls only. F. Bid Waiver and Piggyback Bid # 03-020 Cat Model 12H Articulated Motor Grader and Light Package- The Board approved the waiver of the bid process and permission to piggyback award of Bid # 03-020 to Kelly Tractor Company for the Articulated Motor Grader $161,412 and light package $1,845.25 equipment request EQ04-176. G. Second Extension to Contract # C00-03-232 - The Board approved the second extension to contract C00-03-232 with Inwood Consulting, 2 02/20./04 Cn M ST. LUCIE COUNTY - BOARD ITelb 1 FZABWARR FUND 001 001131 001142 001149 001155 001157 001158 001163 001284 001286 001288' 001809 101 10100i 101003 101217 102 102001 102107 104001 105 ,001 107002 107003 107203 121 129 140 140001 160 183 183001 183002 183004 185003 185004 185204 310002 310003 310201 315 316 316104 316201 382 a^l 421 441 448 449 451 458 461 471 478 479 481 489 491 505 505001 606 611 625 630 665 TITLE WARRANT LIST #23- 14-FEB-2004 TO 20-FEB-2004 FUND SUMMARY General Fund FTA Section 5303 Grant FY01 FTA Section 5303 Grant FY01/02, Section 112/MPO/FHWA/Planning 2004 USDOJ Violence Against Women Grant CSBG Grant FY04 Urban Mobile Irrigation Lab 03/04 Net Loss Commercial Fishing Stories TRIP Grant FY04 FDCA/EMPA 2004 TDC Planning Grant FY 03/04 SFWMD-Floridian Aquifer Well 01/64 Transportation Trust Fund Transportation Trust Interlocals Transportation Trust/Local Option OTTED Tropicana/Signal Upgrade Unincorporated Services Fund Drainage Maintenance MSTU FDOT Bicycle/Ped. Coordinator 03/04 Recreation Donations Fund Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper Child Dependency Court Representati Blakely Subdivision Fund Parks MSTU Fund Port & Airport Fund Port Fund Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.-County Arbitration/Mediat Ct Admin.- Teen Court FHFA SHIP FY02/03 FHFA SHIP FY03/04 FHFA SHIP 99/00' Impact Fees -Parks Impact Fees -Public Buildings FDEP/FRDAP Ancient Oaks County Building Fund County Capital Pepper Park Dune Crossover FDEP/FRDAP Savanna Rec Phase II Environmental Land Capital Fund Sanitary Landfill Fund Golf Course Fund H.E.W. Utilities Fund North Hutchinson Island Utilities NHI Util-Renewal & Replacement Fund NHI Util - Capital Facilities Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist -Renewal & Replace No Cty Util Dist -Capital Facilities Airport Utilities District Airport Util - Capital Fac Fund Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Shared Pool Cash -Property Appraiser Tourist Development Trust-Adv Fund Law Library Tax Deed Overbid Agency Fund SLC Art in Public Places Trust`Fund EXPENSES 849,723.10 5.40 4.22 423.45 13,782.74 12,917.48 59.21 176.23 26,605.04 1,198.00 8.26 14.95 67,845.87 40.48 1,408.16 38,426.94 13,730.64 37,582.91 60.44 2,400.00 456.57 552,848.81 32.04 29,873.62 30,236.67 10,470.00 71.07 46,572.78 7,464.50 247.44 1,278.18 206.47 204.21 525.00 198.09 39.11 95.10 6.08 4,505.35 37,337.93 1,817.50 124,094.17 678,262.49 1,271.29 1,981.74 6,716.27 418,937.73 41,924.26 9.21 53,536.31 16.18 15.04 80.70 18.44 35,121.81 254.93 9.24 12,793.60 3.02 7.42 10,794.43 73,307.20 1,222.20 150,000.00 3,354.44 9,592.70 12,385.89 1,500.00 PAYROLL 25,810.40 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,115.96 485.20 485.20 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.06 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 7,951.86 0.00 0.00 0.00 0.00 0.00 0.00 GRAND TOTAL: 3,428,110.75 35,848.62 ,%d `4,10, Inc., and authorized the Chairman to sign the extension as prepared by the County Attorney. H. Second Extension to Contract No. C00-03-233 with Camp Dresser and McKee- The Board approved the seconded extension to contract C00- 03-233 with Camp, Dresser and McKee for continuing professional engineering services and authorized the Chairman to sign the extension as prepared by the County Attorney. I. Second Extension to Contract No. C00-03-234 with LBFH, Inc., - The Board approved the second extension to contract C00-03-324 with LBFH for continued professional engineering services and authorized the Chainnan to sign the extension as prepared by the County Attorney. Second Extension to Contract C00-03-235 with Post, Buckley, Schuh & Jernigan, Inc., - The Board approved the second extension to contract C00-03-325 with Post, Buckley, Schuh & Jernigan for continuing engineering services and authorized the Chairman to sign the extension as prepared by the County Attorney. K. Second Extension to Contract C00-03-236 with Masteller & Moler, Inc., - The Board approved the second extension to contract C00-03- 326 with Masteller & Moler for continuing professional engineering services and authorized the Chairman to sign the extension as prepared by the County Attorney. L. Resolution No. 04-66- Amending the St. Lucie County Manual of Purchasing Regulations- The Board approved Resolution No. 04-66 amending the paragraph 2 and paragraph 6 of Section 4.10 (Travel Cards) in order to expedite the payment process for the purchasing cards. 5. INVESTMENT FOR THE FUTURE A. Change Order No. 1 to contract CO3-11-763 Property Solutions/Rock Road Correctional Facility- The Board approved Change Order No.1 to Contract No. 03-11-763 with Property Solutions to increase the contract amount by $9,636.00 and time an additional 20 days and authorize the Chairperson to sign the Change Order as prepared by the County Attorney. B. Award the Juanita Avenue over Taylor Creek Bridge Repair project, Bid No. 03-088- The Board approved awarding the bid to Sieg & Sons, Inc., the lowest bidder, in the amount of $36,470 establish the project budget as outlined in the attached memorandum and authorization for the Chairman to sign the contract as prepared by the County Attorney. C. Request for Work Authorization with Hazen & Sawyer Contract No. CO3-02-235/Savannas Campground Pavilion and Lift Station- The Board approved the use of Hazen & Sawyer through a Work Authorization to construct a new pavilion and installation of a grinder type wastewater lift station and forcemain n the amount of $22,682.00 at Savannas Campground and authorized the Chairman to sign the Work Authorization as prepared by the County Attorney. 6. COUNTY ATTORNEY A. South 25"' St. Roadway Widening- Midway Road to Edwards Road - Temporary Construction Easement- The Board approved accepting the Temporary Easement, authorized the Chairman to sign Resolution 3 No. 04-63 and directed staff to record the documents in the Public Records ol'St. Lucie County, Florida. B. South 25"' St., Roadway Widening- Right of Way- The Board approved the Contract for Sale and Purchase with Gary Brown, et al, in the amount of Five Thousand Five Hundred and 00 dollars as shown on the attached map, and authorized the Chairman to execute the Contract and directed staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. C. Ordinance No. 04-017- Permission to advertise- The Board approved advertising Ordinance No. 04-017 for a public hearing on March 16, 2004 beginning at 6:00 p.m. or as soon thereafter as may be heard. 7. MANAGEMENT AND BUDGET A. Resolution No. 04-64 to appropriate $29,740 received from Adams Ranch, Ltd, - The Board approved Resolution No. 04-64. B. Budget Amendment BA04-135 transferring funding to cover purchase orders that were rolled over from fiscal year 2003 and t cover salaries l'or the Inmate Attorney position- The Board approved Budget Amendment 04-135. C. Request for authorization to submit an electronic application for the State Criminal Alien Grant 2004- The Board approved the electronic submission of the 2004 State Criminal Alien Grant Application, and authorized the County Administrator to sign the application. D. Alcohol and Other Drug Abuse Mini Grant Awards- The Board approved the awards of grant funds as stated on memorandum 04-46; changing the award date this year to March 15th instead of January 15th; and authorizing the County Attorney's Office to draw up the appropriate contracts for the Chairman's signature. 8. GRANTS Request Board to apply for two United States Fish and Wildlife Service South Florida Coastal Program grants to assist with invasive plant removal at the Savannas Recreation Area and restoration of the Williams parcel on Ten Mile Creek- The Board approved submitting the applications to the US Fish and Wildlife Service South Florida Coastal Program. 9. COMMUNITY SERVICES Request Board approval to apply to U.S. Dept. of Justice Violence Against Women Office for a grant under the Safe Havens: Supervised Visitation and Safe Exchange Program for FY 04-06 on behalf of Exchange Club Castle Grant- The Board approved the submission of the grant application, authorized acceptance of the grant and authorized the Chairman to execute the application. 10. CENTRAL SERVICES Installation of Video Conferencing System between St. Lucie County Courthouse and Rock Road Jail- The Board approved the purchase of the Polycom system by Call One, Inc., State of Florida Contract No. 250-000-03-1 at a cost of $70,418.96. ADDITIONS CA-1 St. Lucie County Mosquito Control District- Donation of Property- The Board approved accepting the donations by resolution, subject to completion of the required due diligence and authorized the Chairman to sign the resolutions. The Board authorized the 4 n C5 County Administrator to send a letter to the FDEP notifying FDEP of the County's action. REGULAR AGENDA(1-631) PUBLIC HEARINGS 5.A First Public Hearing for FFY 04 Community Services Block Grant (CDBG) Application- Consider staff recommendation to receive public comment as required prior to application of the CDBG. It was moved by Com. Barnes, seconded by Com. Bruhn, to proceed with the second public hearing; and, upon roll call, motion carried unanimously. 6. COUNTY ATTORNEY (1-970) Port St. Lucie Annexations- Staff requesting Board direction on how to proceed. The County Attorney made opening remarks regarding this issue and read the following memo addressed to the Board of County Commissioners, dated February 18, 2004. BACKGROUND: On February 3, 2004 the Board adopted Resolution No. 04-55 and 04-56 initiating conflict resolution on the proposed annexations of the Kenco and Lennar parcels by the City of Port St. Lucie. A map identifying the two parcels is attached to this memorandum. At the Board's direction, the Community Development Director and the County Attorney appeared at the February 9, 2004 Port St. Lucie City Council meeting and requested that the City Council not proceed with adopting the ordinances authorizing the annexation of the Kenco and Lennar parcels and engage in conflict resolution with the County. The City Council declined to engage in conflict resolution and determined to proceed with the public hearings to consider the adoption of the two annexation ordinances. At the public hearings, the County Attorney placed in the record copies of certain relevant cases and statutes, the Community Development Director summarized his written report and opined that the proposed annexations created pockets and enclaves and were not contiguous. The developers of the Kenco and Lennar parcels were represented by Robert Klein, Esquire, and Michael Houston, a local planner. Mr. Klein presented legal argument and Mr. Houston opined that the annexations were contiguous and reasonably compact and otherwise met the requirements of state law. At the conclusion of the public hearings, the Port St. Lucie City Council voted 5-0 to approve both annexation ordinances. DISCUSSION: Since the Port St. Lucie City Council voted to adopt the annexation ordinance, the County has two potential options: (1) appeal the adoption of the ordinances by filing a petition for certiorari in St. Lucie County Circuit Court (Appellate Division) within 30 days of the adoption of the ordinances or (2) do nothing. If the County determines to file a petition of certiorari, a three judge panel will review the petition and determine the following: (1) whether the City afforded the County procedural due process (i.e. notice and an opportunity to be heard) (2) whether the City observed the essential requirements of law and (3) whether the City's decision is supported by competent, substantial evidence. If the County determines to do nothing, then absent an appeal by an affected party other than the county, the annexations will become final at the end of the 30 day appeal period. in reviewing the record, it appears that the County's best change of success on appeal would be to use the maps, the testimony and the cases submitted by the County to argue M M that the City failed to observe the essential requirements of law in approving the Lennar and Kenco annexation ordinances. With regard to the Lennar parcel, one possible ar ument would, based on Mr. Murphy's testimony, focus on the fact that access to the g Lennar parcel can only be achieved through the unincorporatedaps cases County- not the City. that the Lennar Another possible argument create opockets and de fabe to use the cto enclaves. and Kenco annexations The City will focus on the testimony of Mr. Houston and Mr. Murphy and argue that competent, substantial evidence exists in the record to legal argumentsport the loutlined in the letters ty's decision to adopt the annexation ordinances. They will use the e that the City complied with sent by the lawyers retained by Lennar and Kenco to argu the essential requirements of the law and provided the County with procedural due process. CONCLUSION/RECOMMENDATION: In illy opinion, for the County to succeed in an appeal of the annexation ordinances, the County will have to overcome the conflicting testimony in the record and convince the three judge panel that the City failed to comply with the essential requirements of the law. Reported case law is very fact specific. I believe that the County has a legitimate argument to present in this regard. But, because of the conflicting evidence and case law, achieving success on appeal will be problematic. Staff recommends that the Board determine whether to authorize the County Attorney to file petitions for certiorari appealing adoption of the Lennar and Kenco annexation ordinances. Respectfully submitted Dan McIntyre, County Attorney PUBLIC COMMENTS Mr. Robert Simons, Mystic Way resident, addressed the Board and requested they oppose the annexation. Mr. Chuck Ray, Port St. Lucie resident, addressed the Board regarding the cost of litigation and how it would affect both the residents of the city and the county. Mr. Bill Hammer, Reserve resident, urged the Board to move forward with the process in order to bring a sensible solution to the development problem in the area. Mr. Carl Rivasi, Reserve resident, addressed the Board and stated he felt the city of Port St. Lucie was demonstrating "abusive powers". Ms. Peggy Halusa, Pony Pines resident, addressed the Board regarding the annexation and stated the area cannot hold additional traffic. Ms. Pamela Hammer, Reserve resident, addressed the Board and asked them to file the writ and take the lead since the City refuses to compromise. BOARD COMMENTS Com. Bruhn asked what the county's argument would be once they are before the 3 judge panel. The County Attorney stated they would focus on the maps, the statutes and the argument would be that they failed to meet the requirements of the law. 6 Com. Hutchinson questioned what she had heard regarding the city moved forward with obtaining an outside attorney for litigation purposes. The County Attorney stated this was true and they apparently anticipate litigation. Com. Coward commented on what he felt was "contract ert'n unrelated was that developers were cutting a check to y for unrelatd improvements in order for them to receive substantial land development d wondern f this should not be part ofessios in return. He perceives and felt this leads to back room deals being cut an the county's efforts as well. Com. Barnes addressed the comments received from the Port St. .Lucie residents tie supports the regarding the gridlock of traffic, schools and the affects litigation. Com. Lewis stated when municipalities go to Court, no one wins and would prefer mediation. However, what mainly bothers her is that they failed to meet the essential requirements of law and she cannot get past this and will be agreeing to move forward with this matter. Com. Bruhn stated he would feel more comfortable if he had the opportunity to speak with the city before moving forward with litigation possibly at the March 4 joint meeting. Com. Lewis stated the city indicated they did not want to discuss this issue with us and they intended to proceed and she was not aware of this being an issue to be discussed at the joint meeting with all three entities and the School Board. Com. Hutchinson stated the county lobbyist brought up the issue of annexation issues being discussed at the state level. She asked the public to come forward and ask the state delegation to address these problems at the state level. It was moved by Com. Hutchinson to authorize the county to file petitions for certiorari on both annexations ordinances as well as Com. Cowards contract issue request; seconded by Com. Barnes; and, upon roll call, the vote was as follows: Nay: Bruhn; Aye's: Coward, Barnes, Hutchinson, Lewis; motion carried by a vote of 4 to 1. Com. Barnes commented that the City of Port St. Lucie is looking to stop collecting impact fees. He asked if a report could be compiled by staff to advise the Board what authority the county has and if the city would not collect them how they would go about imposing them and collecting the fees. Com. Barnes had to leave the meeting at this time. 7. ADMINISTRATION (2-075) Purchase of Harbor Branch Shrimp Property- Consider staff recommendation that we allocate $10,400 from Contingency to perform appraisals and due diligence as the first step in acquiring this property. Staff is recommending that we allocate an amount from Contingency not to exceed $10,400 to perform the appraisals and title work on this property. It was moved by Com. Coward, seconded by Com. Bruhn, to approve staff recommendation; and, upon roll call, motion carried unanimously. 7 M Bi-Weekly Committee by the Board There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of Circuit Court Anderson - Presentk at March 2, 2004 Commission Meeting Page 1 From: Diane Jensen <djensen@sfwmd.gov> To: <douga@co.st-lucie.fl.us> Date: 2/3/2004 3:55:35 PM Subject: Presentation at March 2, 2004 Commission Meeting Please consider this our formal request to schedule 20 minuters on your mintv Comm"llon.Meeft's a The presenters will be Mr. He �tive director of the So�rtFt Fi rida Water Management r�p�� O District (S ), and Mr. Lennart E. Lindlahl, Governing Board Member of �" the SFWMD. The subject will be: Update on District Initiatives relative to the St. Lucie Estuary, and a check presentation for Paradise C� A CJ Park. "() 0� If you need further information, please contact Karen Smith, Director of )U the Martin/St. Lucie Service Center, 772-223-2600, ext. 3601 or me (same number, ext. 3602). Thank you. *** eSafe scanned this email for malicious content *** *** IMPORTANT: Do not open attachments from unrecognized senders *** CC: Karen Smith <klsmith@sfwmd.gov> fl Mt i WAI AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): ENGINEERING DEPT SUBJECT: Lebanon Road MSBU Initial Public Hearing Potable Water Improvements - FPUA BACKGROUND: See attached memorandum FUNDS AVAIL. N/A ITEM NO. 5A DATE: March 2, 2004 REGULAR [] PUBLIC HEARING (XX] CONSENT [ ] PRESENTED BY. D `t�lL�rGl{ Michael Powley, P.E. County Engineer PREVIOUS ACTION: January 27, 2004 - Board granted permission to advertise Initial Public Hearing RECOMMENDATION: Staff recommends that the Board adopt Resolution No. 04-065 creating the Lebanon Road M.S. B. U.; authorizing the County Engineer to proceed with the engineering and design of the Project pursuant to the procedures set forth in Chapter 1-13.5, St. Lucie County Code of Ordinances; authorizing the County Engineer to advertise for bids for construction; and to prepare an interlocal agreement with the City of Fort Pierce and the Fort Pierce Utilities Authority. COMMISSION ACTION: (�( APPROVED (] DENIED (J OTHER: Approved 5-0 [x]County Attorney fx]Public Works Dir`"r' [ ]Finance —r (check for copy only, if applicable) Motion to continue the public hearing to April 6, 2004. Coordination/Signatures [ ]Mgt. & Budget fx ]Co. En g Mp County Administrator []MSBU Coor []Other. r cm en COMMISSION REVIEW: March 2, 2004 ENGINEERING MEMORANDUM 04-065 TO: Board of County Commissioners FROM: Michael Powley, County Engineer JV✓P DATE: February 17, 2004 SUBJECT. Lebanon Road MSBU Initial Public Hearing Potable Water Improvements - FPUA BACKGROUND Property owners on Lebanon Road have submitted petitions to St. Lucie County to establish a Municipal Service Benefit Unit (M. S. B. U.) to fund the costs necessary to provide potable water improvements. The utilities system would be owned and operated by the Fort Pierce Utilities Authority. The petition received for the proposed Lebanon Road MSBU represents 56% in support of the project. Lebanon Road is located off of Tumblin Kling Road, between OleanderBoulevard and U.S. Hwy 1, and lies within the unincorporated limits of the County. Therefore, in order to create the M. S. B. U. for potable water service provided by the Fort Pierce Utilities Authority, the County must first enterinto an interlocal agreement with the City of Fort Pierce and the Fort Pierce Utilities Authority. This agreement will establish the FPUA and County's responsibilities with respect to this specific project. Under this agreement, the County agrees to assess the property owners for the municipal improvements provided by the FPUA. The FPUA will be responsible for the design, permitting, and construction of the potable water system, administration of the construction contract, inspection, and final acceptance of the system for maintenance. St. Lucie County will be responsible for the administration of the M.S. B.U.. In addition to the potable water improvements, fire hydrants will also be installed to meet current fire protection requirements. The method of assessment for the potable water improvements shall be based upon the "Equivalent Residential Connection" (ERC) method, whereas each property owner is assessed equally for the improvements. An informal meeting was held on October 23, 2003 to explain the MSBU process and conceptual design, and to provide the residents with a rough estimate of the project cost. Based upon the consensus of those present at the informal meeting, staff is ready to proceed with the project. n n RECOMMENDATION Staff recommends that the Board adopt Resolution No. 04-065 creating the Lebanon Road M.S. B. U.; authorizing the County Engineer to proceed with the engineering and design of the Project pursuant to the procedures set forth in Chapter 1-13.5, St. Lucie County Code of Ordinances; authorizing the County Engineer to advertise for bids for construction; and to prepare an interlocal agreement with the City of Fort Pierce and the Fort Pierce Utilities Authority. um cc: Staff Concurring Finance Director OMB Manager Tax Collector Property Appraiser M n RESOLUTION NO.04-065 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS FOR ST. LUCIE COUNTY, FLORIDA, DETERMINING THAT A PROJECT TO PROVIDE POTABLE WATER IMPROVEMENTS TO LEBANON ROAD IS IN THE BEST INTEREST OF THE COUNTY AND WILL BE OF BENEFIT TO THE PROPERTIES WITHIN A PROPOSED LEBANON ROAD MUNICIPAL SERVICES BENEFIT UNIT; DETERMINING THAT 100% OF THE BENEFITS OF THE PROJECT WILL ACCRUE TO PROPERTIES WITHIN A PROPOSED LEBANON ROAD MUNICIPAL SERVICES BENEFIT UNIT; DETERMINING THAT THE METHOD OF ASSESSMENT FOR THE POTABLE WATER IMPROVEMENTS SHALL BE BASED UPON THE EQUIVALENT RESIDENTIAL CONNECTION METHOD; DETERMINING THAT THE COST OF THE PROJECT IS NOT IN EXCESS OF THE BENEFIT; CREATING THE LEBANON ROAD MUNICIPAL SERVICES BENEFIT UNIT; RESOLVING THAT 100% OF THE COST OF THE PROJECT SHOULD BE FUNDED BY NON -AD VALOREM SPECIAL ASSESSMENTS LEVIED ON PROPERTIES WITHIN THE LEBANON ROAD MUNICIPAL SERVICES BENEFIT UNIT THROUGH AN ASSESSMENT BASED ON AN EQUIVALENT RESIDENTIAL CONNECTION METHOD OF ASSESSMENT; AUTHORIZING THE COUNTY DIRECTOR OF ENGINEERING TO PROCEED WITH THE PROJECT AND PROVIDING AN EFFECTIVE DATE WHEREAS, pursuant to Chapter 125, Florida Statutes and Chapter 1-13.5 of the St. Lucie County Code of Ordinances (the "Code), the Board of County Commissioners for St. Lucie County, Florida (the "Board") has the authority to establish municipal services benefits units ("MSBU's") in unincorporated St. Lucie County to provide, among other things, drainage improvements and potable water service; and WHEREAS, pursuant to Chapter 1-13.5 of the Code, the Board has adopted procedures which govern the establishment and administration of such MSBU's; and -1- WHEREAS, on January 27, 2004 pursuant to the procedures set forth in Section 1-13.5 of the Code, the Board accepted the petition of 56% of the land owners for potable water improvements within a proposed Lebanon Road Municipal Services Benefit Unit (the "Lebanon Road MSBU") requesting that the Board create the Lebanon Road MSBU to fund the cost of a project to provide potable water improvements to Lebanon Road in unincorporated St. Lucie County (the "Project"); and WHEREAS, on March 2, 2004 pursuant to the requirements of Section 1-13.5 of the Code, the Board held a duly advertised initial hearing to consider the creation of the Lebanon Road MSBU, proof of publication of this hearing is attached hereto and made a part hereof as Exhibit "A"; and WHEREAS, the County Engineer has advised the Board that based on an analysis of the costs and benefits of the Project, the equivalent residential connection method of assessment is appropriate because this method of assessment fairly and reasonably apportions the cost of the project among the benefitted properties; and WHEREAS, after hearing the comments of the County staff as well as interested persons, the Board has made the following determinations: (1) the Project and the creation of the proposed Lebanon Road MSBU is in the best interest of the health, safety and welfare of the County and will be of benefit to the properties within the limits of the proposed Lebanon Road MSBU; (2) the percentage of the benefits of the Project which will accrue to properties within the limits of the proposed Lebanon Road MSBU as shown on the map attached hereto as Exhibit "B" is 100%; (3) the method of assessment to be used in assessing the benefitted properties shall be the equivalent residential connection method; and (4) the cost of the project is not in excess of the benefit gained by each of the properties which would be subject to the proposed assessment. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: A municipal services benefit unit to be known as the Lebanon Road Municipal Services Benefit Unit is hereby created as shown on the attached Exhibit "B". Section 2: The entire cost of the Project shall be funded through non -ad valorem special assessments levied against real property within the limits of the Lebanon Road MSBU. Section 3: The method of assessment shall be based on the equivalent residential connection method of assessment such that each lot owner within the Lebanon Road MSBU shall share proportionately in the cost of the Project in relationship to the benefit received. Section 4: The County Director of Engineering is hereby authorized to proceed with the Project pursuant to the procedures set forth in Chapter 1-13.5 of the Code. -2- n Section 5: In the event the Project is not ultimately approved and constructed, the cost of preparing the plans, specifications, and the cost estimates may be assessed against the real property within the Lebanon Road MSBU. Section 6. This Resolution shall be effective upon adoption. PASSED AND DULY ADOPTED this 2nd day of March, 2004. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By. -3- Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney m In EXHIBIT A PROOF OF PUBLICATION -4- tXH11311 B MAP OF MSR[ 1 1 i '!'10 -- — -- — — j 330.25 93 — — — — — — 7.10 — 330 — — — — — — — _. 306 (601-0059 0/ —_;� elrr ---._� i 49 A +1 (311-0002-000/8)- cn I'm 3.0 Ac °0 4.7 5 Ac °' j f 311-000.�00 _ o+ In ,a'v �1 40. o I ! o f 311-0004 ,00Q/ ' I I _ CREEKAAA 1 ' _ (312-0002-000/1) 0 9.86 Ac g 96. - 00 5 - 0 31 -000 1 18 N10 IfiLT -0w/ .T 100 4____330.55 N KLING ROAD in ).08 132.07 115.57 T- I , -. Q j (311-0005-00019) � f311-0Q10_QQ M 1.08 Ac 1.9 7 Ac 340 I I 255__.___I �s 282 f 414-0001 I o -000/01- - � - ul - a ,p (314-0002- 9 -020/3) a f 314- 0005 I I 167.26 �� -00018) ' 3.59 Ac t t — 75- - + (314-000-3- 0/4 f I 27564 as.stt__�o (314-0010-00/61 In 21 60 �N $ 11 100 _ _ - L I I a o ,' R (314-0011-000/3) 100 115 100 60 195 85.56 275.44 15/ o 0 115.57 1 135 60 135 137.39 119 50 110 n 174.16 (34Z- - I - 1 (341-0007 uY _ (342- 000V- , '� ! '_ . 1-000/61 ' 000ID r- - I Lebanon Road MSBU FPUA - Water Q MSBU GIS .... Map prepared by Community Development October 16. 2003 Scale:11" 175' -5- AGENDA REQUEST CouNTy _ TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney \r% ITEM NO. _ 6b_ DATE: March 2, 2004 REGULAR[] PUBLIC HEARING [XX] CONSENT[] PRESENTED BY: Katherine Mackenzie -Smith Assistant County Attorney SUBJECT: Ordinance No. 04-014 - Establishing Regulations to Govern the Use of Properties and Facilities Owned or Leased by the County to Allow 24 hour Usage of Waveland and Pepper Park Beaches' Access Points to the Atlantic Ocean BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board adopt Ordinance No. 04- 014 allowing 24 hour usage of Waveland and Pepper Park Beaches' access points to the Atlantic Ocean and authorize the Chairman to sign the Ordinance COMMISSION ACTION: [''APPROVED [ ] DENIED [ ] OTHER: Approve 5-0 County Attorney: Originating Dept County Administrator Review and Approvals Management & Budget Purchasing: Public Works Dir: County Eng. Finance: (Check for copy only, if applicable) Eff. 5/96 INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Mackenzie -Smith, Assistant County Attorney C.A. NO.: 04-273 DATE: February 19, 2004 SUBJECT: Ordinance No. 04-014 - Establishing Regulations to Govern the Use of Properties and Facilities Owned or Leased by the County to Allow 24 Hour Usage of Waveland and Pepper Park Beaches' Access Points to the Atlantic Ocean BACKGROUND: Attached to this memorandum is a copy of proposed Ordinance No. 04-014 (formerly 03-37) which, if adopted, would amend Section 1-15, Article II (Regulations for Properties and Facilities Owned or Leased by County) of the St. Lucie County Code of Ordinances and Compiled Laws. On November 9,1982, the Board of County Commissioners adopted Ordinance No. 82- 10 which created Section 1-15-17 of the Code of Ordinances and Compiled Laws of St. Lucie County prohibiting access to the beaches from sunset to sunrise daily. It was suggested that it may be appropriate to further amend Chapter 1-15-17 to permit twenty-four hour access to St. Lucie County beaches and parks. This issue was referred to the Recreation Advisory Board for comments and recommendations. The Recreation Advisory Board ("RAB")discussed the issue of twenty-four hour access and reviewed information provided by the St. Lucie County Sheriff's office, Vanessa Bessey, Environmental Resource Manager, Wayne Teegardin, Risk Manager and Parks & Recreation Department. At the November 19, 2003, RAB meeting, a motion was passed to recommend to the Board of County Commissioners not to open up any access point to beaches past the current hours. On January 13, 2004, the Board of County Commissioners directed staff to research and suggest two areas which could be opened for twenty-four hour access. The Parks & Recreation Department researched the issue and is recommending Waveland Beach and Pepper n M Park Beach as possible sites for twenty-four hour access (see attached memorandum from Assistant Parks & Recreation Director Linda Brown). Ordinance No. 04-014 has been drafted to reflect this suggestion. A notice of the public hearing to consider the adoption of the proposed Ordinance was published in the Tribune on February 17, 2004. RECOMMENDATION/CONCLUSION : Staff recommends that the Board adopt Ordinance No. 04-014 allowing 24 hour usage of Waveland and Pepper Park Beaches' access points to the Atlantic Ocean and authorize the Chairman to sign the Ordinance. Respectfully submitted, AV Katherine Mackenzie -Smith Assistant County Attorney KMS/caf Attachment ORDINANCE NO. 04-014 AN ORDINANCE ESTABLISHING REGULATIONS TO GOVERN THE USE OF PROPERTIES AND FACILITIES OWNED OR LEASED BY ST. LUCIE COUNTY TO ALLOW TWENTY-FOUR HOUR ACCESS TO WAVELAND BEACH AND PEPPER PARK BEACH WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 125.01(1)(c) and (f), Florida Statutes, authorizes the Board to provide and maintain County buildings, parks, preserves, playgrounds, recreation areas, rights -of -way, and other public properties and facilities. 2. Section 125.01(1)(t), Florida Statutes, authorizes the Board to adopt ordinances necessary for the exercise of its powers. 3. The enjoyment, conservation, and protection of the properties and facilities owned or leased by St. Lucie County require the adoption of regulations to govern the use of such areas in accordance with the purposes for which those areas were intended. 4. It is in the best interest for the health, safety, public welfare and enjoyment of the citizens of St. Lucie County to permit twenty-four hour access to Waveland Beach and Pepper Park Beach. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF ARTICLE II OF CHAPTER 1-15 (REGULATIONS FOR PROPERTIES AND FACILITIES OWNED OR LEASED BY ST. LUCIE COUNTY) Article II of Chapter 1-15 of the Code of Ordinances of St. Lucie County, Florida, is hereby amended to read as follows: ARTICLE II. REGULATIONS FOR PROPERTIES AND FACILITIES OWNED OR LEASED BY ST. LUCIE COUNTY Underlined portions are added. _ Stfrreljh portions are deleted. -1 err" SECTION 1-15-17. HOURS OF OPERATION All areas regulated by this article shall be closed from sunset to sunrise daily, except: (a) where otherwise posted; (b) for using designated areas reserved for the launching and retrieval of boats; (c) for attending or participating in events sponsored, provided, or authorized by a unit of St. Lucie County government, Ld) Waveland Beach and Pepper Park Beach access points to the Atlantic Ocean. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1,1969, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART E. EFFECTIVE DATE. A certified copy of this ordinance shall be filed with the Department of State by the Clerk of the Board of County Commissioners of St. Lucie County within sixty days after enactment by the Board, and this ordinance shall take effect upon receipt of official acknowledgment of filing as provided in Section 125.66(2), Florida Statutes. Underlined portions are added. ugh portions are deleted. -2- L PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Paula Lewis XXX Vice Chairman John Bruhn XXX Commissioner Frannie Hutchinson XXX Commissioner Cliff Barnes XXX Commissioner Doug Coward XXX PART G. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through G shall not be codified. PASSED AND DULY ADOPTED this day of , 2004. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman Underlined portions are added. Sfrtiek t1gratigi2t portions are deleted. APPROVED AS TO FORM AND CORRECTNESS BY: -3- County Attorney BOARD OF COUNTY COMMISSIONERS MEMORANDUM To: Board of County Commissioners From: Linda Brown, Assist irector Through: Pete Keogh, Directo I �� Subject: 24 hr. Beach Access Date: February 2, 2004 PARKS & RECREATION On January 13, 2004, staff presented Agenda # 6 addressing the 24-beach access issue. The Board directed staff to re -agenda the item and provide the following information. 1. Identify two specific beach accesses that could remain open 24 hrs. Staff has identified Waveland Beach Access located on South Beach and Pepper Park Access located on North Beach. 2. Security: Parks & Recreation park rangers will patrol beaches on a regular schedule. 3. Lighting: Waveland Beach parking lot is currently lit and Pepper Park currently has no lighting. No additional lighting is planned at this time due to permitting issues with DEP. DEP has indicated that it will not grant permits for additional lighting for the purpose of increasing access to the beach. Staff did look into alternative lighting which entails placing lights under the dune crossover rails. This alternative will not workat Pepper Park due to lack of accessible electric power and has proven to be a maintenance problem. 4. Signage: After checking with other counties, John Lenfesty, Risk Management, has determined that they do not make any special provisions for 24 hour beach access and is recommending the installation of one sign at the entrance (among the other grouped signs) stating that the beach is "24 hour accessible -use at own risk". Upon approval by the Board of the two recommended locations, the signs can be made by Central Services' sign shop and installed by Parks & Recreation staff. This should take approximately two weeks. cc: Dan McIntyre, County Attorney Katherine McKenzie Smith, Assistant County Attorney Douglas M. Anderson, County Attorney Ray Wazny, Assistant Count Administrator Paul Julin, Parks Manager John Lenfesty, Safety/Risk Management JOHN D. BRUHN, District No. 1 • DOUG COWARD, District No. 2 • PAULA A. LEWIS, District No. 3 • FRANNIE HUTCHINSON, District No. 4 • CLIFF BARNES, District No. 5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue • Phone (772) 462-1515 • TDD (772) 462-1428 www.co.st-lucie.fl.us AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: ITEM NO. 6 DATE: January 13, 2004 REGULAR [ R ] PUBLIC HEARING[ ] CONSENT [ ] PRESENTED BY: Pete Keogh Director SUBJECT: Ordinance No. 03-37-Amending Section 1-15. Article II (Parks& Recreation) of the Code of Ordinances and Compiles Laws by providing for Twenty-four Hour Access to all Beaches and Parks. BACKGROUND: As directed by the BOCC, staff requested the Recreation Advisory Board (RAB) to make a recommendation as to the amendment of Ordinance No. 03-37-Amending Section 1- 15, Article II (Parks & Recreation) of the Code of Ordinances and Compiled Laws by providing for Twenty-four Hour Access to all Beaches and Parks. Staff met with the RAB on October 20' at which time county staff was requested to provide additional information at the November meeting. Staff met with the RAB on November 19'h, provided the additional information requested and Meghan Conti, Environmental Specialist for the Bureau of Protected Species Management, gave a power point presentation. Upon review of all information, the RAB members made the unanimous recommendation not to allow 24 hour beach access to any beaches or parks due to liability, law enforcement, vandalism, and environmental issues. In August 2003, staff surveyed 30 comparable Florida Coastal County beach operations and received 21 responses. Of the 21 responses, 11 have their beaches open on a 24-hour basis and 10 operate from dawn to dusk. FUNDS AVAILABLE: N/A RECOMMENDATION: Staff recommends that based on the Recreation Advisory Board's recommendation, that Ordinance No. 03-37, Section 1-15, Article 11 of the Code of Ordinances and Compiled Laws not be amended to provide for 24 hr access to any beaches of -parks COMMISSION ACTION: CONCURRENCE: [ ] APPROVED [ I DENIED [X] OTHER: Staff directed to bring this item back to the Board after looking into the following oug Anderson items: C my Administrator -Utilizing one park on North and South Hutchinson Islands. -Arranging for supervision during evening hours -Lighting issues Coordination/Signatures -Risk Management and Legal issues. County Attorney: Management & Budget: Purchasing: Originating Dept:_ - • 17'-1 Public Works: Other: — _I M To: Agenda Request Board of Countv Commissioners M Item Number Date: 03/02/04 Consent [ ] Regular [ ] Public Hearing [ X ] Leg, y. j---Quasi-JP/'[ X ] Submitted By: Community Development 4 lopment Director SUBJECT: Petitioners request to withdraw the petition of Carroll and Janet Collins, for a Change in Zoning from the RS-4 (Residential, Single -Family - 4 du/acre) Zoning District to the RM-5 (Residential, Multiple -Family — 5 du/acre) Zoning District for property located on the east side of North 44`h Street, approximately 100 feet south of San Diego Avenue. BACKGROUND: The petitioners, Carroll and Janet Collins, requested the Change in Zoning from the RS-4 (Residential, Single -Family - 4 du/acre) Zoning District to the RM-5 (Residential, Multiple -Family - 5 du/acre) Zoning District on property located on the east side of North 44th Street, approximately 100 feet south of San Diego Avenue in order to allow for the construction of a duplex unit on the property. Subsequent to the Planning and Zoning Commission public hearing of February 19, 2004, the petitioners have requested to withdraw their application. FUNDS AVAILABLE: N/A PREVIOUS ACTION: At the February 19, 2004, public hearing on this matter, the St. Lucie County Planning and Zoning Commission, by a vote of 8 to 0 with one member (Mr. Tries) absent, recommended denial of the requested change in zoning. RECOMMENDATION: Staff recommends that the Board accept the withdrawal of this petition. COMMISSION ACTION: NCURRENCE: APPROVED DENIED OTHER Approved 5-0 _ Douglas M. Anderson County Administrator L Cooroination/ Signatures County Attorney Mgt. & Budget: Purchasing: Originating Dept.: Other: Other: Finance: 0M M Commission Review: March 2, 2004 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division MEMORANDUM TO: County Commission FROM: Community Development Director DATE: . February 25, 2004 SUBJECT: Withdrawal of the Application of Carroll and Janet Collins, for a Change in Zoning from the RS-4 (Residential, Single -Family - 4 du/acre) Zoning District to the RM-5 (Residential, Multiple -Family - 5 du/acre) Zoning District. The petitioners, Carroll and Janet Collins, requested a Change in Zoning from the RS-4 (Residential, Single -Family - 4 du/acre) Zoning District to the RM-5 (Residential, Multiple -Family - 5 du/acre) Zoning District on property located on the east side of North 44th Street, approximately 100 feet south of San Diego Avenue in order to allow for the construction of a duplex unit on the property. Subsequent to the Planning and Zoning Commission public hearing of February 19, 2004, the petitioners have requested to withdraw their application. Attached is a copy of their withdrawal request letter. At the February 19, 2004, public hearing on this matter, the St. Lucie County Planning and Zoning Commission, by a vote of 8 to 0 with one member (Mr. Trias) absent, recommended denial of the requested change in zoning. Staff recommends that the Board accept the withdrawal of this petition. Please let me know if you have any questions. SUBMITT svci n u� wytn Mir, r�wr Comm ity Development Director hf cc: County Administrator County Attorney Planning Manager Carroll and Janet Collins File p21QW2003 13:46 7724613887 t February 20, 2004 Carroll & Janet Collins 1202 Florida Avenue Foil Pierce, FL 34950 Mr. Hank .Florez St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34950 Dear Mr. Florez: CARRULL I,ULLINS 6UNU In rout u� Please accept this letter as a request from both of us to withdraw our applications for change in zoning for the following two parcels in Harmony Heights Subdivision: 1431-802- 0017-0001 and 1431-802-0016-0004. We had no idea of the opposition and were impressed with how the neighborhood reacted. Thank you, Hank for your time and assistance throughout this process. Sincerely, Carroll Collins Janet Collins To: Submitted By: Agenda Request Board of County Commissioners Community Development Item Number: Meetinq Date: Mar. 2, 2004 Consent ( ] Regular [ ] Public Hearing [ x ] L!qT /J(L ] Qu5pK-JD [ x ' ] /, r$ , Commolty Development Director SUBJECT: Consider Draft Resolution 04-019 — granting the petition of Community Savannah Club Joint Venture, Inc., for an amendment to Condition Numbers 13, Disaster preparedness, for the Development of Regional Impact known as the Savanna Club BACKGROUND: On March 2, 2004, you will be asked to review the petition of Community Savannah Club Joint Venture, for an amendment to Condition Number 13 of the Final Development Order for the Development of Regional Impact known as Savanna Club. Condition Number 13 of this Order addresses the requirements for disaster preparedness, specifically the amount of hurricane shelter space to be provided by the development. On April 27, 1982, the Board of County Commissioners for St. Lucie County approved Resolution 82-058, granting the Final Development Order for the Development of Regional Impact known as the Savanna Club. The Savanna Club was originally approved as a 2,560-unit mobile home subdivision, located east of South US #1, north of Walton Road, although it is likely that only about 1,930 units will, in fact, be constructedrinstalled. The Final Development Order for this project addresses the general requirements and obligations for this project necessary to address its community impacts. When this project was originally approved in 1982, St. Lucie County was among the first communities in the State to begin requiring that all new mobile home communities provide some degree of on -site shelter space for use by the residents of those communities during times of emergency, such as hurricanes. At the time this condition was imposed, the required amount of shelter space to be provided was determined to be 40 square feet per person. This was a locally developed number and not based on any known national recommendations or standards. In 1984, the County included in its mobile home park regulations, a shelter space standard of 20 square feet per person, which was based on national Red Cross standards in effect at the time, and still in effect today. The County has since applied this ratio to all new developments needing to meet this requirement. By prior agreement with the County, the developers of the Savanna Club have provided for the required amounts of hurricane shelter space by working with off -site facilities. However, this off -site facility has been proven to be a less than desirable option for all effected parties, and there has been an ongoing interest on the part of both the Savanna Club property owners/residents and the developers of the project to try and find a way to have this required shelter space relocated to an on -site facility. The developers are proposing that, in consideration of the addition of several new on -site recreation amenities that were not part of the original development plans for the community, but that will benefit all of the residents of the Savanna Club, they be allowed to: a.) Reduce the minimum required shelter square footage from 40 square feet /person to 20 square feet/person, consistent with national Red Cross standards, and; b.) Move all of the required shelter space to an on -site facility that would be built according to full hurricane/building codes and standards and include all applicable local public safety standards. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Approve Resolution 04-019, amending Condition Number 13, of the previously approved Final Development Order for the Savanna Club, Development of Regional Impact COMMISSION ACTION: CURRENCE: FAwlAPPROVED DENIED 0 OTHER _ Approved 5-0 ffiouglas M. Anderson _ County Administrator Coordination/ Signatures County Attorney ; () Mgt. & Budget: Purchasing: Originating Dept.: Other: Other: Finance: (agend774) n n COUNTY COMMISSION REVIEW: March 2, 2004 COMMUNITY DEVELOPMENT DEPARTMENT (Planning Division) MEMORANDUM TO: County Commission FROM: Community Development Director DATE: February 23, 2004 SUBJECT: Consider Draft Resolution 04-019 — granting the petition of Savannah Club Joint Ventures, Inc., for an amendment to Condition Number 13, Disaster preparedness, for the Development of Regional Impact known as the Savanna Club (File No.: BCC-04-000) On March 2, 2004, you will be asked to review the petition of Community Savannah Club Joint Venture, for an amendment to Condition Number 13 of the Final Development Order for the Development of Regional Impact known as Savanna Club. Condition Number 13 of this Order addresses the requirements for disaster preparedness, specifically the amount of hurricane shelter space to be provided by the development. On April 27, 1982, the Board of County Commissioners for St. Lucie County approved Resolution 82-058, granting the Final Development Order for the Development of Regional Impact known as the Savanna Club. The Savanna Club was originally approved as a 2,560-unit mobile home subdivision, located east of South US #1, north of Walton Road, although it is likely that only about 1,930 units will, in fact, be constructed/installed. The Final Development Order for this project addresses the general requirements and obligations for this project necessary to address its community impacts. When this project was originally approved in 1982, St. Lucie County was among the first communities in the State to begin requiring that all new mobile home communities provide some degree of on -site shelter space for use by the residents of those communities during times of emergency, such as hurricanes. At the time this condition was imposed, the required amount of shelter space to be provided was determined to be 40 square feet per person. This was a locally developed number and not based on any known national recommendations or standards. In 1984, the County included in its mobile home park regulations, a shelter space standard of 20 square feet per person, which was based on national Red Cross standards in effect at the time, and still in effect today. The County has since applied this ratio to all new developments needing to meet this requirement. By prior agreement with the County, the developers of the Savanna Club have provided for the required amounts of hurricane shelter space by working with off -site facilities. However, this off -site facility has been proven to be a less than desirable option for all effected parties, and there has been an ongoing interest on the part of both the Savanna Club property owners/residents and the developers of the project to try and find a way to have this required shelter space relocated to an on - site facility. The developers are proposing that, inconsideration for the addition of several new on - site recreation amenities, that were not part of the original development plans for the community, but n M February 24, 2004 Page 2 Subject: Savanna Club NOPC File No.: BCC-04-000 that will benefit all of the residents of the Savanna Club, they be allowed to: a.) Reduce the minimum required shelter square footage from 40 square feet /person to 20 square feet/person, consistent with national Red Cross standards, and; b.) Move all of the required shelter space to an on -site facility that would be built according to full hurricane/building codes and standards and include all applicable local public safety standards. To accomplish this action, condition number 13 of Resolution 03-184 (the last amended Development Order of this project) is proposed to be amended to read as follows: DISASTER PREPAREDNESS 13. At such time as the new on -site auditorium and fitness center/ recreational facility are issued certificates of occupancy, The the applicant shall provide or have provided for a total of 23,245 square feet of on -site Sun-h aelditierial public shelter spaces for disaster preparedness that will be dedicated for the use of Savanna Club residents and their guests and relatives. The forgoing square footage amount of shelter space is determined to be and will adequate to handle the needs generated by this Development so long as the number of platted units does not exceed 1,937 units. Such needs are found to be and shall be determined pursuant to the following criteria or standards: a.) 75% of the population of this Development are assumed to be year round residents (i.e. present during hurricane season); b.) 100% of the above year round residents will be evacuated during hurricanes; c.) 40% of the those person evacuating would go to public shelters; d.) A minimum of 40 20 sq ft per person (i.e. shelter space) shall be provided by the applicant. The shelter space shall be located, equipped and stocked with provisions in accordance with requirements of St. Lucie County based on recommendations of the County Disaster Prepaitediciess Public Safe Director. All spaces shall be designated and accepted by the St.. Lucie County Department of County Public Safetv., 1.) one-third of the shelter spaces (20,000 square feet) to be provided on or before June 28, 1998; 2.) two-thirds of shelter spaces (additional 20,000 square feet) to be provided at the time of energizing of one-half (1,300) of the total units; and 3.) the balance of the shelter spaces (additional 21,440 square feet)to be provided at the time of energizing three -fourths (1,950) of the total units. 44 For the purpose of determining when each portion of the hurricane shelter must be provided, a residential unit will be deemed energized when a building permit is issued for the construction of that unit on a platted lot in the Savanna Club Development. February 24, 2004 Subject: Savanna Club NOPC Page 3 File No.: BCC-04-000 (Amended through Resolution 82-074, April 27, 1982) (Amended through Resolution 98-011, February 17, 1998) (Amended through Resolution 03-184, September 2, 2003) On January 20, 2004, the developer's of the Savanna Club submitted to the Treasure Coast Regional Planning Council (TCRPC) and the Florida Department of Community Affairs (DCA) a revised Notice of Proposed Change to an Approved Development of Regional Impact. This filing was done pursuant to he requirements of Section 380.06(19), Florida Statutes. As of this date, The County has not received any written comments from either the TCRPC or the DCA objecting to this proposed amendment. Attached, is a copy of Draft Resolution 04-019, which would propose to amend Condition Number 13 of the Final Development Order for the Savanna Club. Staff recommends approval of Draft Resolution 04-019. If you have any questions, please let me know. SUB ralr- Oennis J. rphy, AICP CommuniYy Development Director DM/cps SAVCL611(H) cc: County Administrator County Attorney Robert Klein, Esq. Jim Snyder, TCRPC Community Savanna Club Joint Venture File 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 RESOLUTION 04-019 FILE NO.: BCC-04-000 A RESOLUTION AMENDING RESOLUTION NUBMER 82-058 APPROVING A SIXTH AMENDMENT TO THE AMENDED DEVELOPMENT ORDER TO THE DEVELOPMENT OF REGIONAL IMPACT KNOWN AS THE SAVANNA CLUB 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. In 1982, WATERWOOD HOMES, INC., hereafter referred to as WATERWOOD or SAVANNA CLUB, filed with St. Lucie County an Application for Development Approval of Development of Regional Impact, in accordance with Section 380.06, Florida Statutes. 2. SAVANNA CLUB proposed to construct a residential mobile home subdivision comprising approximately 2,560 mobile home with recreation complex, constituting a Development of Regional Impact on the real property legally described in Section B below located in St. Lucie County, Florida, east of US Highway One and north of Walton Road, all located in St. Lucie County, Florida. 3. The Board of County Commissioners of St. Lucie County as the governing body of St. Lucie County having jurisdiction over that portion of this project located in the unincorporated areas of St. Lucie County, pursuant to Chapter 380, Florida Statutes, is authorized and empowered to consider Applications for Development Approval for Development of Regional Impact. 4. Upon publication and furnishing of due notice, a Public Hearing was held Tuesday, March 23, 1982, before the Board of County Commissioners of St. Lucie County, Florida, to consider Resolution No. 82-058 granting approval to the final Development Order for the Regional Impact known as Savanna Club. 5. At this public hearing, and following its closure, the Board of County Commissioners continued any further action on this application until Tuesday, April 27, 1982. 6. The Board of County Commissioners has considered the testimony, reports and other documentary evidence submitted at said public hearing by SAVANNA CLUB, the Treasure Coast Regional Planning Council (TCRPC), St. Lucie County staff as well as the public, and -------------------------------------------------------------------------------------------------------------------------- Double Underline is for addition is for deletion Existing Language is based on Resolution 82-058 (as amended through Resolution 03-184) Resolution 04-019 Draft #1- 6 h Amendment to D.O. Page 1 Print Date: 02/23/04 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 7. On April 27, 1982, the Board adopted Resolution 82-058, granting Final Development Order approval to the Savanna Club, a Development of Regional Impact. 8. On June 8, 1982, this Board granted approval to Resolution 82-074, which amended Condition Number 13 of the Final Development Order for the Development of Regional Impact known as Savanna Club. 9. On May 13, 1986, this Board granted approval to Resolution 86-110, which amended the Final Development Order, by adding Conditions 10A and 108, and by amending Section IV (revised due date for the required annual report) of the Final Development Order for the Development of Regional Impact known as Savanna Club, based the settlement agreement dated March 31, 1996 between the Department of Community Affairs and the developers of the Savanna Club (a copy of said settlement agreement is attached to Resolution 86- 110). 10. On July 28, 1987, this Board granted approval to Resolution 87-062, which amended Condition Number 16 of the Final Development Order for the Development of Regional Impact known as Savanna Club. 11. On September 18, 1997, Savanna Club Corporation, the successor developer to the Savanna Club, filed a Notice of Proposed Change to an approved Development of Regional Impact, pursuant to Chapter 380.06(19), Florida Statutes, for a fourth amendment to Resolution No. 82-058. 12. On February 17, 1998, this Board held a public hearing, of which due public notice was published in the Port St. Lucie News and the Tribune on February 5, 1998, on the proposed amendments to Resolution No. 82-058. 13. On September 2, 2003, this Board held a public hearing, of which due public notice was published in the Port St. Lucie News and the Tribune on August 22, 2003, on the proposed amendments to Resolution No. 82-058 and notifying by mail all owners of property within 500 feet of the subject property, and continued the pubic hearing on this matter until September 9, 2003. 14. On September 9, 2003, this Board reconvened the public hearing on this matter and accepted additional comments and testimony in regard to the proposed amendment to the existing Development Order for the Development of Regional Impact known as Savanna Club. 15. On March 2. 2004, this Board held a public hearing, of which due public notice was published in the Port St. Lucie News and the Tribune on February 21, 2004, on the --------------------------------------------------------------------------------------------------------------------------- Double Underline is for addition &*Pmlw Through is for deletion Existing Language is based on Resolution 82-058 (as amended through Resolution 03-184) Resolution 04-019 Page 2 Draft #1- 6 h Amendment to D.O. Print Date: 02/23/04 I proposed amendments to Resolution No 82-058 and notifying by mail all owners of 2 property .c+hin 500 feet of the sub iect oroderty. 3 4 16,45 The Board believes that approving this f4* lixih amendment to the Final Development 5 Order (Resolution No. 82-058) for the Savanna Club is in the best interest of the public 6 health, safety and public welfare of the citizens of St. Lucie County, Florida. 7 8 17. 46 The Board of County Commissioners continues with the following FINDINGS of FACT and 9 CONCLUSIONS of LAW with regard to the Application of Development Approval as cited 10 in Resolution No. 82-058. 11 12 AMENDED FINDINGS OF FACT 13 14 A. The proposed Development is not in area of Critical State Concern as designated pursuant 15 to the provisions of Chapter 380.06, Florida Statutes. 16 17 B. The State of Florida has not adopted a land development plan applicable to the area in 18 which the proposed Development is to be located. 19 20 C. That the conditions, limitations and definitions found in Part A below, are made a part of 21 this Development Order herein granted subject to these express conditions which 22 conditions and recommendations are found to be consistent with the report and 23 recommendations adopted by the Treasure Coast Regional Planning Council on November 24 20, 1981 for the SAVANNA CLUB D.R.I. 25 26 D. The proposed Development is consistent with the local comprehensive plan, development 27 laws and regulations of St. Lucie County. 28 29 E. The proposed Development does not constitute a substantial deviation to the approved 30 Development Order as defined under Chapter 380.06, Florida Statutes. 31 32 33 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie 34 County, Florida: 35 36 37 A. That in a public meeting, duly constituted and assembled this 38 2"d day of March 2004 Resolution No. 04-019which amends 39 Resolution No. 82-058 granting Development Order Approval to the Development of 40 Regional Impact known as the Savanna Club, is hereby APPROVED subject to the following 41 conditions, restrictions and limitations: 42 ------------------------------------------------------------------ Double Underline is for addition is for deletion Existing Language is based on Resolution 82-058 (as amended through Resolution 03-184) Resolution 04-019 Page . Draft #1- 6 h Amendment to D.O. Print Date: 02/23/04 M 14 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 Section I: The following information submitted by the Applicant shall be made a part of and an express condition of this Development Order: a. All housing units in the Development will be doublewide mobile homes, which shall be permanently affixed to the real property prior to occupancy and the applicant shall cause each buyer to execute an appropriate document evidencing intent and acceptance of his intent to purchase real property and to accept real property taxation thereof. b. That SAVANNA CLUB shall prior to issuance of a building permit, Phase I, subject property, donate 120 acres in the northeast corner of the project site to the State of Florida, Department of Natural Resources for inclusion in the Savannahs Preserve. The lands covered under this grant constitute approximately 70 acres of Savannah marsh and 50 acres of upland (as shown on Exhibit PD-2 of the TCRPC Assessment Report). Section II APPLICATION FOR DEVELOPMENT APPROVAL 1. The SAVANNA CLUB Application for Development Approval is incorporated herein by referenced and relied upon by the parties in discharging their statutory duties under Chapter 380, Florida Statutes. Substantial compliance with the representations contained in the Application for Development Approval is a condition for approval unless waived or modified by agreement among the parties, as defined in Subsection 380.07(2), Florida Statutes. For purposes of this condition, the ADA shall include the following items: a. Savanna Club DRI/ADA, submitted June 26, 1981; b. Savanna Club DRI/ADA, supplemental information, submitted April 14, 1981; C. Letter and attachments dated October 21, 1981 from Thomas A. Sheehan III, to Sam Shannon regarding wetlands; d. "U. S. 1 Capacity Analysis" prepared by Tipton Associates Incorporated and dated October 30, 1981. (Amended through Resolution 03-184, September 2, 2003) --------------------------------------------------------------------------------------------------------------------------- Double Underline is for addition S#rike-kpedgk is for deletion Existing Language is based on Resolution 82-058 (as amended through Resolution 03-184) Resolution 04-019 Page 4 Draft #1- 6"' Amendment to D.O. Print Date: 02/23/04 n M 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 COMMENCEMENT OF DEVELOPMENT 2. In the event the developer fails to commence significant physical Development within three years from the effective date of the Development Order, Development approval shall terminate and the Development shall be subject to further consideration pursuant to Section 380.06, Florida Statutes. Significant physical Development shall mean site preparation work for any portion of the project. HISTORIC AND ARCHAEOLOGICAL SITES 3. In the event of discovery of archaeological artifacts during project construction, the applicant shall stop construction in that area and notify the Bureau of Historic Sties and Properties in the Florida Department of State. Proper protection, to the satisfaction of the Bureau, shall be provided by the applicant -SAVANNA CLUB. (Amended through Resolution 03-184, September 2, 2003) VEGETATION AND WILDLIFE 4. The applicant shall contact the Game and Freshwater Fish Commission 60 days prior to clearing to initiate what measures might be deemed necessary and available for relocating wildlife found on site (e.g. Gopher Tortoise, Eastern Indigo Snake, etc.) WETLANDS 5. The Applicant shall develop the project so that, upon completion, the site, as legally described in the ADA, will contain 64 acres of viable and productive wet prairies, ponds, and littoral zones. This shall be in addition to any presently existing wetlands, including but not limited to, wet prairies, marshes, ponds, and littoral zones contained in the area to be deeded to the State, as shown on Exhibit PD-2 of the TCRPC Assessment Report. The creation of 64 acres of wet prairies, ponds and littoral zones shall not include canals and drainage ditches. Included in the 64 acres of wetlands shall be 14 acres of wet prairie in the upland buffer area of the 120 acre parcel to be deeded to the State for inclusion in the Savannahs Preserve. The other 50 acres of new wetlands shall be created on the remaining portion of the project site. In the event the management agency for the Savannahs Preserve does not approve the creation of 14 acres of wet prairie in the upland buffer, only the 50 acres of wetlands on the remainder of the site will be required to satisfy this condition. The wetlands shall be designed, constructed and maintained in a manner to mimic natural wetlands and to replace the functions lost through destruction of existing wetlands to the maximum extent technically feasible. The applicant shall coordinate the Development of the plan for maintaining or creating wetlands with the South Florida Water Management District, the Florida Game and Freshwater Fish ------------------------------------------------------------------------------------------------------------------------- Double Underline is for addition S#rike�edgk is for deletion Existing Language is based on Resolution 82-058 (as amended through Resolution 03-184) Resolution 04-019 Draft #1- 6* Amendment to D.O. Page 5 Print Date: 02/23/04 I Commission, and the Florida Department of Natural Resources prior to commencing said 2 Development. Any plans for wetlands creation shall include design of bottom contours, 3 plans for vegetating and description of proposed water regimes. 4 5 DRAINAGE - LITTORAL ZONE 6 7 6. The applicant shall prepare a planting and management plan for the littoral zone that 8 surrounds the lake system. The plans shall include the types extent and timing of planting 9 that will be provided in the littoral zone. Also, included in the plan shall be the 10 identification of any management activities that are intended to ensure the continuance 11 and health of the littoral zone. The plan shall be subject to the approval of St. Lucie 12 County, in consultation with the Treasure Coast Regional Planning Council prior to 13 beginning excavation of the lake system. 14 15 DRAINAGE - WATER TABLE 16 17 7. The drainage system shall be designed to assure that the lowering of the water table on- 18 site will not negatively affect the wetland systems on adjoining properties, especially 19 those systems that are currently on land owned by the State as part of the Savannahs 20 natural preserve. The drainage system design shall be subject to the approval of St. Lucie 21 County in consultation with the Treasure Coast Regional Planning Council, South Florida 22 Water Management District, and the Department of Natural Resources prior to any 23 Development occurring on -site. 24 25 DRAINAGE - WATER SUPPLY FOR IRRIGATION 26 27 8. The applicant shall explore an alternate source of water for irrigation other than the lake 28 drainage system as proposed. In the event the lake drainage system is utilized for 29 irrigation purposes, it shall not result in withdrawal for said purposes below any permitted 30 control level. The plan for securing irrigation water shall be subject to the approval of St. 31 Lucie County, in consultation with the South Florida Water Management District prior to 32 initiating construction of the lake drainage system. 33 34 DRAINAGE - GOLF COURSE DESIGN 35 36 9. The applicant shall prepare a detailed site plan that includes adequate topographic detail 37 for the proposed golf course that assures that minimum direct runoff into the lake 38 system will occur. The plan shall be subject to the approval of St. Lucie County, in 39 consultation with Treasure Coast Regional Planning Council and the South Florida Water 40 Management District prior to beginning Development of the golf course. 41 42 ----------------------------------------------------------------------------------------------------------------- Double Underline is for addition is for deletion Existing Language is based on Resolution 82-058 (as amended through Resolution 03-184) Resolution 04-019 Page 6 Draft #1- 6th Amendment to D.O. Print Date: 02/23/04 M 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 DRAINAGE -_SAVANNAHS MARSH 10. The drainage system shall be designed to assure that natural hydroperiods, especially the historical water flow from the site, are provided to the Savannahs Marsh. The drainage system design shall be subject to the approval of St. Lucie County, in consultation with the Treasure Coast Regional Planning Council, South Florida Water Management District, and the Department of Natural Resources Prior to any Development occurring on -site. The applicant shall provide any necessary or recommended monitoring of water quality run-off into Hog Pen Slough as specified by South Florida Water Management District or Treasure Coast Planning Council recommendations or St. Lucie County staff recommendations. Final determination subject to these recommendations shall be made by St. Lucie County before final building permits by St. Lucie County. 10A. The developer shall institute a monitoring program at the time of completion of the surface water system along the east side of the Development site. Monitoring requirements are to include: A. Measurement of monthly rainfall amounts, said measurement to be made at any site within approximately a one mile radius of the project; B. Metering of surface water discharge from the project site at the pump installation and a summary of the amount of surface water discharge during each month; and C. Monitoring of water levels at least once every six weeks for a period of no less than three years at the following sites: i. Savanna monitoring point 51; ii. The surface water system on the project site, specifically at the locations: 1. A series wells 25 through 30, and, 2. E series wells 25, 27, 29 and 31. If necessary or desirable, substitute sites in proximity to the ones identified above may be designated by the developer following approval by the Department of Community Affairs (DCA) in consultation with the Department of Environmental Regulation (DER) and the South Florida Water Management District (SF WMD). (Amended through Resolution 86-110, May 27,1986 and through Resolution 03-184, September 2, 2003) 10B. In July of each year after inception of the monitoring program, the developer shall summarize all data and include these data in the annual monitoring report. Copies of the ---------------------------------------------- - Double Underline is for addition is for deletion Existing Language is based on Resolution 82-058 (as amended through Resolution 03-184) Resolution 04-019 Draft #1- 6t" Amendment to D.O. Page 7 Print Date: 02/23/04 NOW `rr10 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 annual report shall be submitted to the SFWMD, Florida Department of Natural Resources (DNR), the Southeast Florida District Office and the Bureau of Groundwater Protection and Waste Management of DER, the Treasure Coast Regional Planning Council (TCRPC) and DCA. These agencies shall review the monitoring data and, if necessary, representatives of these agencies shall meet with the developer within 45 days of receiving the report to discuss the possible modifications to the drainage system that would provide for the maintenance of historic water flows to the Savanna wetlands. If DCA, with the advice of the reviewing agencies, determines that the drainage system must be modified, then the developer shall amend the Development Order and SFWMD permits to reflect he recommended modification. The modifications, if required, would involve a change in the pumping schedule and/or pump control elevation during the dry season. (Amended through Resolution 86-110, May 27, 1986 and through Resolution 03-184, September 2, 2003) RECREATION AND OPEN SPACE 11. The Applicant shall prior to energizing the first 850 units, construct a minimum of 25 parking spaces and provide a dune walkover (dune hopper), or make a payment in lieu thereof, which shall be located on Hutchinson Island, in St. Lucie County, south of the FPL power plant, or in Martin County. FIRE PROTECTION 12. The Applicant shall contribute $100,000.00 as a share of the cost of acquiring a site, buildings and equipment for a fire station east of U. S. Highway One to serve the Savanna Club and vicinity. The contribution shall be payable under the following terms and conditions: $20,000.00 payable within 30 days of issuance of the first mobile home permit for Phase I; an additional $40,000.00 upon energizing the first 400 units; and the balance of $40,000.00 payable upon energizing the first 1,000 units. Additionally the Applicant shall extend a two-year option to the Ft. Pierce -St. Lucie County Fire District to elect a site 150' x 150' at an agreed location within the proposed Development for purposes of a fire station. If this land is accepted by the Fire District as a site for construction of a fire facility, then the Applicant shall receive a 25% discount ($25,000.00) or credit against the $100,000.00 agreed contribution. (Amended through Resolution 03-184, September 2, 2003) DISASTER PREPAREDNESS 13. At such time as the new on -site auditorium and fitness center/ recreational facility are issued certificates of occupancy. Tke the applicant shall provide or have provided for a total of 23,245 square feet of on -site sueh di*ieme1 public shelter spaces for disaster --------------------------------------------------------------------------------------------------------------------------- Double Underline is for addition S4rikeT-kreugk is for deletion Existing Language is based on Resolution 82-058 (as amended through Resolution 03-184) Resolution 04-019 Page 8 Draft #1- 66 Amendment to D.O. Print Date: 02/23/04 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 preparedness in the Per# " 6wede ---- that will be dedicated for the use of Savanna Club residents and their guests and relatives. The forgoing square footage amount of shelter space is determined to be andwillbe adequate to handle the needs generated by this Development so long as the number of platted units does not exceed 1,937 units. Such needs are found to be and shall be determined pursuant to the following criteria or standards: a.) 75% of the population of this Development are assumed to be year round residents (i.e. present during hurricane season); b.) 100% of the above year round residents will be evacuated during hurricanes; c.) 40% of the those person evacuating would go to public shelters; d.) A minimum of 40 20 sq ft per person (i.e. shelter space) shall be provided by the applicant. The shelter space shall be located, equipped and stocked with provisions in accordance with requirements of St. Lucie County based on recommendations of the County Oises#er Preperedmess Public Safety Director. All spaces shall be designated and accepted by the St.. Lucie County Department of County Disss#er Preparedmess Public Safety., subjeet to approyal of 1.) one-third of the shelter spaces (20,000 square feet) to be provided on or before June 28, 1998; 2.) two-thirds of shelter spaces ( additional 20,000 square feet) to be provided at the time of energizing of one-half (1,300) of the total units; and 3.) the balance of the shelter spaces (additional 21,440 square feet)to be provided at the time of energizing three -fourths (1,950) of the total units. 4-) For the purpose of determining when each portion of the hurricane shelter must be provided, a residential unit will be deemed energized when a building permit is issued for the construction of that unit on a platted lot in the Savanna Club Development. (Amended through Resolution 82-074, April 27,1982) (Amended through Resolution 98-011, February 17,1998) (Amended through Resolution 03-184, September 2, 2003) --------------------------------------------------------------------------------------------------------------------------- Double Underline is for addition is for deletion Existing Language is based on Resolution 82-058 (as amended through Resolution 03-184) Resolution 04-019 Page 9 Draft #1- 6"' Amendment to D.O. Print Date: 02/23/04 n M 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 TRANSPORTATION 14. The applicant shall submit its request to Florida Department of Transportation (FDOT) to permit the restriping and rephasing of the intersection of the entrance roadway and U.S. 1 within 60 days of the date of approval of Resolution 03-184 and will in good faith, pursue the obtaining and issuance of this permit, and will make the permitted modifications to said intersection with 45 days after receiving said permit from FDOT. If the developer does not proceed in good faith towards the completion of this intersection improvement, the County Commission may, upon notice to the developer, suspend the issuance of further building/ tie down permits within in the Savanna Club Community until the works are completed. (Amended through Resolution 03-184, September 2, 2003) 17. No more than 1,500 units may be energized until the extension of Lennard Road from Walton Road north to the entrance road from U.S. 1 is completed and opened to traffic or an alternative, adequate security for the ultimate construction of some by St. Lucie County, in the form of credit, performance bond, cash or other security acceptable to St. Lucie County, is provided to St. Lucie County by the Applicant. (Amended through Resolution 03-184, September 2, 2003) 18. The Applicant shall provide traffic improvements necessary to maintain both Level of Service D during the peak season (Jan. - March) and Level of Service C for annual average daily traffic at the following intersections. U.S. 1 and Prima Vista Boulevard. U.S. 1 and Midport Road/Walton Road The Applicant's responsibility is based on existing traffic, traffic generated by the project, and increased traffic resulting from projected growth in the area as set forth in the ADA. In maintaining the required Level of Service, the applicant shall not be responsible for providing improvements to accommodate traffic generated by any future major developments that exceed the thresholds for Developments of Regional Impact as presently defined in Chapter 27F-2, Florida Administrative Code, or that are Developments of Regional Impact as defined in Florida Statute 380.06 and are approved subsequent to the issuance of the Development Order for this project. Such traffic shall not be calculated in determining the required Level of Service. This responsibility shall terminate one (1) year after product is completed. In lieu of developer installing improvements to the intersection of US #1 and Port St. --------------------------------------------------------------------------------------------------------------------------- Double Underline is for addition is for deletion Existing Language is based on Resolution 82-058 (as amended through Resolution 03-184) Resolution 04-019 Page 10 Draft #1- 6"' Amendment to D.O. Print Date: 02/23/04 *441111110 1 Lucie Boulevard, Savannah Club shall pay to St. Lucie County the sum of $25,000.00 as its 2 contribution to the County programmed improvements to this intersection. Said 3 $25,000.00 shall be due to St. Lucie County on September 25, 1987. 4 The foregoing has been satisfied by FDOT improvements constructed 5 during the widening of U5 1. Applicant shall have no further liability 6 7 under this Condition 16. 8 9 (Amended through Resolution 87-062, July 28,1987 and 10 Amended through Resolution 03-184, September 2, 2003) 11 12 19. Commencing the first winter season after the effective date of the Development order 13 and continue every winter season (Jan. -March) thereafter until one (1) year after 14 Development completion, the applicant shall undertake a study of traffic, conditions along 15 U.S. 1. Such study shall along U. 5. 1, determine traffic volumes traffic generation by the 16 Development, and operating conditions along U. 5. 1 between CR 712 and SR 707. The 17 study shall include an analysis of those intersections delineated in Conditions 14 and 16 18 above, she study shall be coordinated with the Treasure Coast Regional Planning Council, 19 Florida Department of Transportation, St. Lucie County, and City of Port St. Lucie and 20 shall be provided as part of the annual report required by Subsection 380.06(16) Florida 21 Statutes. Further, the Applicant shall meet with General Development Corporation and St. 22 Lucie County staff, to assist in a County staff recommendation defining areas and scope 23 of obligations for the four (4) laning of Walton Road between Village Green Drive and 24 Lennard Road under Midport DRI and Savannah Club DRI Development Orders, The 25 County Commission shall provide a final determination of the responsibilities for four (4) 26 laning Walton Road based upon the recommendation provided by County staff. That the 27 memorandum of St. Lucie County Development Coordinator dated December 11, 1972, page 28 3, under transportation, and continuing through item 14, 15, 16, 17 and page 5, additional 29 staff comments, (1) (2) are incorporated by reference and attached hereto for further 30 definition and clarification to this transportation condition. 31 32 ENERGY 33 34 20. In the final site plans, the developer shall incorporate those energy conservation 35 measures identified on pages 43 and 44 of the ADA Addendum and, to the extent 36 feasible, measures identified in the Treasure Coast Regional Planning Council's Regional 37 Energy Plan. To evaluate the success of including such conservation measures, the 38 applicant shall provide the Council with information as to the status of implementation of 39 these measures in the annual report required by Subsection 380.06(16), Florida Statutes. 40 41 21, All heated swimming pools built on -site shall be heated primarily by renewable energy 42 sources (such as solar energy). ------------------------------------------- neuble Underline is for addition &*p*iw T-hpough is for deletion Existing Language is based on Resolution 82-058 (as amended through Resolution 03-184) Resolution 04-019 Page 11 Draft #1- 6' Amendment to D.O. Print Date: 02/23/04 n M 1 2 22. A solar domestic hot water system shall be specifically offered to all prospective buyers 3 4 23. Only air conditioners with energy -efficient ratios (EER) of 8.0 or higher may be offered 5 to mobile home purchasers. 6 7 24. The applicant shall provide for the installation of water saving fixtures (e.g., three gallon 8 toilets, flow restrictors) in all new units. 9 10 25. Mobile homes with a full line of energy efficient appliances shall be offered to all 11 prospective buyers by the applicant. 12 13 HEALTH CARE 14 15 26. The applicant Savannah Club, shall provide first aid and oxygen stations at the project 16 club house and training of management personnel at the clubhouse in CPR and general first 17 id techniques. The homeowners association may also wish to consider an appointed 18 guardian program" similar to those established at other mobile home retirement 19 communities in the region. 20 21 22 23 B. The legal description for the property under this Development of Regional Impact 24 Application for Development Approval, is as follows: 25 26 Legal Description 27 28 Lots 13 to 16, inclusive, in Block 3; and Lots 9 to 16, inclusive, in Block 4; all being in 29 Section 24, Township 36 South, Range 40 East, as shown on map or plat of ST. 30 LUCIE GARDENS, recorded in Plat Book 1, page 35 of the public records of St. Lucie 31 County, Florida. 32 33 All of Block 1, Lots 1, 2, 3, 4, 13, 15 and 16 in Block 2; Lots 1 to 4, inclusive, and 34 Lots 11 23 to 16, inclusive, in Block 3, AND Lots 9 to 16, inclusive, in Block 4, all 35 being in Section 25, Township 36 South, Range 40 East, as shown on said map or plat 36 of ST LUCIE GARDENS. 37 38 All of Lot 2; the South } of Lots 3, 4, 5, and 6; and Lots 8 to 16 inclusive; all in 39 Block 3, in Section 19, Township 36 South, Range 41 East, as shown on said map or 40 plat of ST LUCIE GARDENS. 41 42 All lying and being in St. Lucie County, Florida. -------------------------------------------- --------------------------------------------------------------- Double Underline is for addition is for deletion Existing Language is based on Resolution 82-058 (as amended through Resolution 03-184) Page 12 Resolution 04-019 Draft #1- 6t' Amendment to D.O. Print Date: OZ/23/04 I 2 C. Any modifications or deviations from the approved plans or requirements of this 3 Development Order shall be submitted to the St. Lucie County Community Development 4 Director, for a determination by the Board of County Commissioners of St. Lucie County 5 as to whether the change constitutes a substantial deviation as provided in Section 6 380.06(19), Florida Statutes. The Board of Commissioners of St. Lucie County shall make 7 its determination of substantial deviation at a public hearing after notice to the 8 developer. 9 10 D. St. Lucie County shall monitor the Development of the project to ensure compliance with 11 this Development Order. The St. Lucie County Community Development Director shall be 12 the local official assigned the responsibility for monitoring the Development and 13 enforcing the terms of the Development Order. The Community Development Director 14 may require periodic reports of the developer with regard to any item set forth in this 15 Development Order. 16 17 E. The developer shall make an annual report as required by Section 3 80.06(18), Florida 18 Statutes. The annual report shall be submitted by July 31st of each year. The annual 19 report shall address all development activities from July 1 of the preceding year through 20 June 30 of the year in which the report is submitted. The annual report shall, in addition 21 to all monitoring reports required under the conditions of this Development Order, include 22 the following: 23 24 1. Any changes in the plan of Development, or in the representations contained in the 25 Application for Development Approval, or in the phasing for the reporting year and 26 for the next year; 27 28 2. A summary comparison of Development activity proposed and actually conducted 29 for the year; 30 31 3. Undeveloped tracts of land that have been sold, transferred, or leased to a 32 successor developer; 33 34 4. Identification and intended use of lands purchased, leased, or optioned by the 35 developer adjacent to the original site since the Development Order was issued; 36 37 5. An assessment of the developer's and local government's compliance with the 38 conditions of approval contained in this Development Order and the commitments 39 specified in the Application for Development Approval and summarized in the 40 Regional Planning Council Assessment Report for the Development undertaken; 41 -------------------------------------------------- - - - Double Underline is for addition S#rilteT-kreugk is for deletion Existing Language is based on Resolution 82-058 (as amended through Resolution 03-184) Resolution 04-019 Page 13 Draft #1- 6rh Amendment to D.O. Print Date: 02/23/04 M 1 6. Any request for a substantial deviation determination that was filed in the 2 reporting year or is anticipated to be flied during the next year; 3 4 7. An indication of a change, if any, in local government jurisdiction for any portion 5 of the Development since the Development Order was issued; 6 7 8. A list of significant local, State, and federal permits which have been obtained or 8 which are pending by agency, type of permit, permit number, and purpose of each; 9 10 9. The annual report shall be transmitted to St. Lucie County, the City of Port St. 11 Lucie, the Treasure Coast Regional Planning Council, the Florida Department of 12 Community Affairs, the South Florida Water Management District, and such 13 additional parties as may be appropriate or required by law; 14 15 10. A copy of any recorded notice of the adoption of a Development Order or the 16 subsequent modification of an adopted Development Order that was recorded by 17 the developer pursuant to Subsection 380.06(15), Florida Statutes; and 18 19 11. Any other information requested by the Board of Commissioners of St. Lucie 20 County or the St. Lucie County Community Development Director to be included in 21 the annual report. 22 23 F. The definitions found in Chapter 380, Florida Statutes, shall apply to this amended 24 Development Order. 25 26 G. This amended Development Order shall be binding upon the developer and its assignees or 27 successors in interest. It is understood that any reference herein to any governmental 28 agency shall be construed to mean any future instrumentality which may be created and 29 designated as successor in interest to, or which otherwise possesses any of the powers 30 and duties of any referenced government agency in existence on the effective date of 31 this amended Development Order. 32 33 H. The approval granted by this amended Development Order is conditional and shall not be 34 construed to obviate the duty of the developer to comply with all other applicable local, 35 State, and federal permitting requirements. 36 37 I. In the event that any portion or section of this amended Development Order is deemed to 38 be invalid, illegal, or unconstitutional by a court of competent jurisdiction, such decision 39 shall in no manner off ect the remaining portions or sections of this amended Development 40 Order, which shall remain in full force and effect. 41 ____ ------------------------------------------------------------ Double Underline is for addition S#Pike T-hpeugk is for deletion Existing Language is based on Resolution 82-058 (as amended through Resolution 03-184) Resolution 04-019 Page 14 Draft #1- 6,h Amendment to D.O. Print Date: 02/23/0� In, 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 J. This amended Development Order shall become effective upon adoption. K. Certified copies of this amended Development Order shall be transmitted immediately by certified mail to the Department of Community Affairs, the Treasure Coast Regional Planning Council, and Savanna Club. (Amended through Resolution 03-184, September 2, 2003) L. Within 21 days of the effective date of this resolution amending Resolution No. 82-058, the developer, shall record a notice of adoption of this order in compliance with Chapter 380.06(15)(f), Florida Statutes, with copies of said notice being provided to the Florida Department of Community Affairs, Treasure Coast Regional Planning Council and St. Lucie County. After motion and second, the vote on this resolution was as follows: Chairman Paula Lewis XXX Vice -Chairman John Bruhn XXX Commissioner Cliff Barnes XXX Commissioner Paula Lewis XXX Commissioner Frannie Hutchinson XXX PASSED AND DULY ADOPTED this 2nd day of March, 2004. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman -------------------------------------------------- -------------------------------------Double Underline is for addition S#rike Thpo gk is for deletion Existing Language is based on Resolution 82-058 (as amended through Resolution 03-184) Resolution 04-019 Page 1! Draft #1- 6t' Amendment to D.O. Print Date: 02/23/0, E5 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 ATTEST Deputy Clerk APPROVED AS TO FORM AND CORRECTNESS County Attorney --------------------------------------------------------------------------------------------------------------------------- Double Underline is for addition S#rike Tkretigh is for deletion Existing Language is based on Resolution 82-058 (as amended through Resolution 03-184) Resolution 04-019 Page 16 Draft #1- 6"' Amendment to D.O. 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U►+171enUrlui f r� r a° a- �-t 7 '+5'_r, i [ let/ �! �11 savanniaitClub SAVANNA CLUB PROPERTY OWNER'S ASSOCIATION, INC. 3492 Crabapple Drive Port St. Lucie, FL 34952 (772) 340-1889 • Fax (772) 340-0522 Dennis Murphy Director of Community Development St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 Dear Dennis: This is confirm the agreement and support of the Savanna Club Board of Directors to the Notice of Proposed Change to Condition No. 13 of the Development Order. Attached please find copies of the agreement with American Land Lease and the Savanna Club Property Owners Association as well as a copy of the proposed change which was copied to you in a letter to Jim Snyder of the Treasure Coast Regional Planning Council dated January 20, 2004. Please notify us of the date of the Commissioner's meeting to address this issue so we may appear in person to voice our support. Ve truly yours, Jo B. Jeffrey President, SCPOA H. Richard Jo �/r Vice President, SCPOA Richard Brunelle Director, SCPOA Enclosures M *00 P. O. SOX 2757 FORT PIERCE, FLORIDA 34954-2757 Writer's E-Mail RKlein@deanmead.com Via Federal Express DEAN, MEAD, MINTON & KLEIN ATTORNEYS AND COUNSELORS AT LAW 1003 SOUTH 2STH STREET SUITE too FORT PIERCE, FLORIDA 34947 www.deannKad.com January 20, 2004 Mr. Jim Snyder Treasure Coast Regional Planning Council 301 East Ocean Boulevard Stuart, FL 34994 Dear Jim: Re: Community Savanna Club Joint Venture/Real Estate NOPC No. 3 (772) 464.7700 (772) 562-7700 FAX 17723 464-7877 Writer's Direct Dial (772) 464-7700 x. 102 In connection with the above -captioned matter, I have had conversations with the president of the Savanna Club Property Owners Association and my client. Based on those conversations, we have eliminated Subparagraph (b) to paragraph No. 5, where we were proposing to delete Condition No. 19 of the Development Order, which provided for solar heating for heated pools. My client decided not to request this action, and Subparagraph 5(B) and Subparagraph B of the last section of the Notice of Proposed Change have been deleted. Additionally, pursuant to those conversations, we have added language in Subparagraph A of the proposed language revisions to provide that the square footage of shelter space is the appropriate amount "so long as the number of approved units does not exceed 1,937 units." This language was added to the last sentence in the proposed revision to Condition No. 13 of the Development Order. Accordingly, only pages 5, 8 and 9 have been revised. We were careful to keep all the pages the same so that these revised pages can be inserted into the Notice of Proposed Change previously delivered to you. Enclosed are the revised pages 5, 8 and 9. I do not anticipate this change will slow you down. In fact, it will reduce the workload and therefore, we should be on the same time schedule as before. If you have any questions, please give me a call. IN 004 Dt w, MEAD. EDERmN. SLOODwORTH. CAPOUANO & eOQARTH. PA 1�071 MF 1tOD DEAN MEAD IN BRNARD COUNN DEAN MEAD 1320 t8?8i00 n Mr. Jim Snyder January 20, 2004 Page 2 By copies of this letter to Dennis Murphy and Donna Harris, I am also enclosing the change pages for them as well. Very truly yours, Robert . Klein Enclosures RNK:dk Cc: Dennis Murphy (w/encl.) (via hand delivery) Donna Harris (w/encl.) (via Federal Express) Don Wallace (w/encl.) (via Federal Express) Joel Jeffrey (w/encl.) F0024055v1 M E5 Applicant proposes the following language as revisions to the Development Order: A. 13. At such time as the new on site auditorium and fitness center/recreational facility are issued certificates of occuuancv, the Applicant shall provide 23,245 square feet of on site public shelter spaces for disaster preparedness ' that will be dedicated for the use of Savanna Club residents and their guests and relatives. The foregoing square footage amount of shelter space is determined to be adequate to handle the needs generated by this Development so long as the number of approved units does not exceed 1,937 units. Sv k needs -are found u- a ►."n b detefmined pur-suant to die following-erker-ia or- standard., year- rotmd r-e idents (he., present duFing hunieaBe season)-, of the above yeaF round Fesidents-� be evaeuated du WFF"nes; othesego to publieshelters, .\ A minimum f4 •1 Y person ♦ , sheiteF-spaee) shall -be proAded by the applieent. The shelter space shafl be provided on site or off site based on the above er-iter-in amd shall be located, equipped, and stocked with provisions in accordance with requirements of St. Lucie County based on recommendations of the County Disaster- Pr-epaFedness Public Safety Director. All spaces shall be designated and accepted by the St. Lucie County Department of Disaster- Pr-epar-ednes Public Safety. ! neeording to €ollowing-sehedule: befeF&Juse 28, 1998t tm tb a 20nnn_ square f the feet) to i.,. 2. shelter -(additional at the time of ener-gizzing of one half (1;300) of the total (additional 21,440 square units-, and feet) to b I the balanee led at the time of the -shelter- spnees of eneFgizing of three foul4hs (16950) of the total uBW., deteFmining of the- hun4eame shelter For- the purpose of when eneh poFfion be deemed energized when a building, provided,led must be a residential unk will -8- m m Until such time as the certificates of occupancy are issued for the new on site auditorium and fitness center/recreational facility. the Applicant shall be allowed to continue to use the existing 36.204 square feet of shelter space at the off site bowling alley. Following the issuance of said certificates of occupancy, the Applicant shall no longer be required to operate the bowling alley as shelter space. Deletions shown by SU*e&, additions by underline. in F0022632v3 AMEFRICAN LAND LEASE October 27, 2003 Mr. Joel Jeffrey Savanna Club Property Owner's Assoc. 3492 Crab Apple Drive Port St. Lucie, Florida 34952 Dear Joel: Thank you for taking the time to meet with me over this past month to discuss the change in the current hurricane requirements and the building of a community auditorium/hurricane shelter. As we have discussed, if we are successful in having the County Commissioners approve the conversion of Hurricane requirement to the 20 SQFT requirement recommended by FEMA and the American Red Cross, then the company is committed to building an auditorium/hurricane shelter that would establish the necessary hurricane shelter space within the community. The support of the community is essential to this process, and requires several actions upon which we would agree serve our mutual purposes. These actions are outlined below: 1. As a condition of building of the auditorium the SCPOA will submit a letter to St. Lucie County in support of a reduction of the current hurricane requirements to the 20 square foot requirements and any other administrative changes to reduce the current hurricane requirement to less than 26,000 total square feet. In addition, the maximum extent possible, the Board will provide a representative for any and all public hearings to both present the letter in person and empowered to speak on behalf of the SCPOA in support of the conversion. The SCPOA recognizes that without the NOPC change no such facility will be built and that the company is under no obligation to do so — even with the full compliance and adoption of the other actions within this agreement/letter. 2. The clubhouse will be built with a structural and appearance that are complimentary to the current clubhouse at Eagles Landing, using the auditorium proposal that was submitted to the residents last March as a baseline. Based on the projected size we envision that the cost will between $1.2 and $1.4 million. We invite you to appoint two residents to serve in an advisory capacity to the company to give input into the design and functionality of the building. The SCPOA may make additions to the design at their own cost, subject to the timeliness of the response during the design process. Any such changes will be coordinated through the designated IM M American Land Lease representative and payment will be made at the time of construction. 3. The projected completion date of the facility will be 18 months after the date of the vote to change the NOPC. This is a planning figure only and is subject to permitting, weather and, other conditions outside American Land Lease's (The Company's) control. The Company will be under an agreement with the County to construct the facility as a result of its presentation to the County Commissioners. 4. The Company will transfer the Eagles Landing Clubhouse, the Auditorium, and any other constructed facilities to the SCPOA on August 1, 2006. Until the time of that transfer the Company/SCJV will be the manager of the facility. 5. From January 1, 2004 until August 1, 2006 the SCPOA will pay a $6,400 monthly fee to the Savanna Club Joint Venture for use of the maintenance of the common areas. This fee will defray the costs of operation to include, but not limited to taxes, utilities, trash removal, insurance and others. 6. Scheduling for the auditorium will be subject to a person/committee designated by the SCPOA Board. The Company will have the ability to designate one priority weekend function monthly and to conduct sales support activities at the auditorium. Once the transfer has taken place the Company may sponsor one event quarterly at the auditorium and monthly at the Eagles Landing Clubhouse without any usage fee. 7. During this period the SCPOA will not be able to lease the auditorium to any outside groups; all scheduled activities shall be solely for and sponsored by the SCPOA and homeowners of Savanna Club, a private community. 8. The Board and the community will undertake any and all measures within reason to change the current name of the community association to the Savanna Club Homeowner's Association (SCHOA). If you are agreeable to these terms please execute the bottom of this letter with you signature and fax it back to my office so that we can proceed with the application to change the NOPC and begin working towards the building of the auditorium. This offer remains in effect until October 31, 2003 at which time it can be renewed or revoked with any obligation on American Land Lease or SCJV. I look forward to working with you on this most exciting project. Kind personal regards. Sincerely, Robert G. Blatz President and Chief Operating Officer M RGB/lj cc: Shannon Smith Don Wallace Jim Raymond to the above terms. rresiaent LOF Savanna Club Property Owner's Association F of n ss. 00 0109 WME ee ST. LUCIE COUNTY en BOARD OF III COMMISSIONERS _ PUBLIC HEARING n AGENDA IS. March 2, 2004 ie S e .a i '01 ct .s 98 nt 1TO WHOM IT MAY COP CERN: ALL bf'4LOCK 1,'16TS 1; 2, 3, 4, 13, 15 AND 16 IN BLOCK 2; LOTS 1 TO 4, INCLUSIVE, AND LOTS 11 23 TO 16, IN- CLUSIVE, IN BLOCK 3, AND LOTS 9 TO 16, IN- CLUSIVE, IN BLOCK 4, ALL BEING IN SECTION 25, TOWNSHIP 36 SOUTH, RANGE 40 EAST, AS SHOWN ON SAID MAP OR PLAT OF ST LUCIE GARDENS. NOTICE is hereby given ALL OF LOT 2; THE in accordance with Sec- SOUTH 1/2 OF LOTS 3, tion 11.00.03 of the St. 4, 5, AND 6; AND LOTSi Lucie County Land De- 8 TO 16 INCLUSIVE; ALL velopment Code and in IN BLOCK 3, IN SEC - accordance with the pro- TION 19, TOWNSHIP 36 visions of the St. Lucie SOUTH, RANGE 41 County Comprehensive EAST, AS SHOWN ON Plan, that the following SAID MAP OR PLAT OF applicant has requested ST LUCIE GARDENS. that the St. Lucie County Board of Commigsioners consider their following request: COMMUNITY SAVANNA CLUB JOINT VENTURE, to amend the existing development order for the residential project known as Savanna Club. More specifically, the re- quest is to amend Con- dition # 13, Disaster Pre- paredness / Hurricane Shelter to reflect a re- duction in the per per- son square foot shelter space requirement from 40 square feet to 20 square feet for the fol- lowing described prop- erty: LOTS 13 TO 16, INCLIJ- SIVE, IN BLOCK 3; AND LOTS 9 TO 16,INCLU- SIVE, IN BLOCK 4; ALL BEING IN SECTION 24, TOWNSHIP 36 SOUTH, RANGE 40 EAST, AS SHOWN ON MAP OR PLAT OF ST, LUCIE GARDENS, RECORDED IN PLAT BOOK 1, PAGE 35 OF THE PUBLIC RE. CORDS OF ST. LUCIE COUNTY, FLORIDA. ALL LYING AND BEING IN ST. LUCIE COUNTY, FLORIDA. Location: Savanna Club l Boulevard. PUBLIC HEARINGS will be held in the Commis- sion Chambers, Roger Poitras Annex, 3rd Floor, St. Lucie County Admin- istration Building, 2300 Virginia Avenue, Fort Pierce, Florida on March 2, 2004, beginning at 6:00 P.M. or as soon thereafter as possible. PURSUANT TO Section 286.0105, Florida Stat- utes, if a person decides to appeal any decision made by a board, agen- cy, or commission with respect to any matter considered at a meeting or hearing, he will need a record of the proceed- ings, and that, for such purposes, he may need to ensure that a verba- tim record of the pro- ceedings is made, which record includes the testi- mony and evidence upon which the appeal is to be based. BOARD OF COMMIS- SIONERS ST. LUCIE COUNTY, FLORIDA /S/ Paula Lewis, CHAIR Publish: February 21, 2004 507326 2Q ! 0 In BOARD OF COUNTY COMMISSIONERS February 20, 2004 COUNTY Urr 1 E F: L 0. R A ,,D A, COMMUNITY DEVELOPMENT DIRECTOR In accordance with the St. Lucie County Land Development Code, you are hereby advised that COMMUNITY SAVANNA CLUB JOINT VENTURE has petitioned to amend the existing development order for the residential project known as Savanna Club. More specifically, the request is to amend Condition # 13, Disaster Preparedness / Hurricane Shelter to reflect a reduction in the per person square foot shelter space requirement from 40 square feet to 20 square feet. Location: Savanna Club Boulevard. THE PROPERTY'S LEGAL DESCRIPTION IS AVAILABLE UPON REQUEST The public hearing on the petition will be held at 6.00 P.M., or as soon thereafter as possible, on March 2, 2004, County Commissioner's Chambers, St. Lucie County Administration Building Annex, 2300 Virginia Avenue, Fort Pierce, Florida. All interested persons will be given an opportunity to be heard at that time. Written comments received in advance of the public hearing will also be considered. The County Planning Division should receive written comments to the Board of County Commissioners at least 3 days prior to a scheduled hearing. County policy discourages communication with individual County Commissioners on any case outside of the scheduled public hearing(s). You may speak at a public hearing, or provide written comments for the record. The proceedings of the County Commission are electronically recorded. If a person decides to appeal any decision made by the County Commission with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings. For such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date -certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at least forty-eight (48) hours prior to the meeting at (772) 462- 1777 or T.D.D. (772) 462-1428. If you no longer own property adjacent to the above -described parcel, please forward this notice to the new owner. Please call (772) 462-1590 if you have any questions, and refer to: File Number BCC-04-003. Sincerely, ST. LUCIEE COUNTY 3OARD OF COMMISSIONERS Paula Lewis, Chair JOHN D. BRUHN, District No. 1 • DOUG COWARD, District No. 2 • PAULA A. LEWIS, District No. 3 • FRANNIE HUTCHINSON, District No. 4 • CLIFF BARNES, District No. 5 County Administrotor - Douglos M. 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[ ] Quasi -JD ( x ] To: Board of County Commissioners Presented By Submitted By: Community Development `�' ` '�' ' Community Develolimen , Director i SUBJECT: Consider Draft Resolution 04-019 — granting the petition of Savannah Club Joint Ventures, Inc., for an amendment to Condition Numbers 13, Disaster preparedness, for the Development of Regional Impact known as the Savanna Club BACKGROUND: On March 2, 2004, you will be asked to review the petition of Community Savannah Club Joint Venture, for an amendment to Condition Numbers 13 of the Final Development Order for the Development of Regional Impact known as Savanna Club. Condition Number 13 of this order addresses the requirements for disaster preparedness, specifically the amount of hurricane shelter space to be provided by the development. FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: APPROVED OTHER County Attorney Originating Dept.: Finance: On April 27, 1982, the Board of County Commissioners for St. Lucie County approved Resolution 82-058, granting the Final Development Order for the Development of Regional Impact known as the Savanna Club. The Savanna Club was originally approved as a 2,560 unit mobile home subdivision, located east of South US #1, north of Walton Road, although it is likely that only about 1,930 units will in fact be constructed/installed. The Final Development Order for this project addresses the general requirements and obligations for this project necessary to address its community impacts. When this project was originally approved in 1982, St. Lucie County was among the first communities in the State to begin requiring that all new mobile home communities provide some degree of on -site shelter space for use by the residents of those communities during times of emergency, such as hurricanes. At the time this condition was imposed, the required amount of shelter space to be provided was determined to be 40 square feet, per person. This was a locally developed number and not based on any known national recommendations or standards. In 1984, the. County included in its mobile home park regulations, a shelter space standard of 20 square feet per person, which was based on national Red Cross standards in effect at the time, and still in effect today. We have since applied this ratio to all new developments needing to meet this requirement. By prior agreement with the County, the developers of the Savanna Club have provided for the required amounts of hurricane shelter space by working with off -site facilities. However, this off -site facility has been proven to be less than a desirable option for all effected parties, and there has been an ongoing interest on the part of both the Savanna Club property owners/residents and the developers of the project to try and find a way to have this required shelter space relocated to an on -site facility. The developers are proposing that in consideration for the addition of several new on -site recreation amenities, that were not part of the original development plans for the community, but that will benefit all of the residents of the Savanna Club, that they be allowed to: a.) Reduce the minimum required shelter square footage from 40 square feet /person to 20 square feet/person, consistent with national Red Cross standards, and; b.) Move all of the required shelter space to an on -site facility that would be built according to full hurricane/building codes and standards and include all applicable local public safety standards. N/A N/A Approve Resolution 04-019, amending Condition Number 13, of the previously approved Final Development Order for the Savanna Club, Development of Regional Impact = DENIED Coordination/ Signatures Mgt. & Budget: Other: CONCURRENCE: Douglas M. Anderson County Administrator Purchasing: Other: (agend774) .♦ M M COUNTY COMMISSION REVIEW: March 2, 2004 COMMUNITY DEVELOPMENT DEPARTMENT (Planning Division) MEMORANDUM TO: County Commission FROM: Community Development Director DATE: February 27, 2004 SUBJECT: Consider Draft Resolution 04-019 — granting the petition of Savannah Club Joint Ventures, Inc., for an amendment to Condition Numbers 13, Disaster Preparedness, for the Development of Regional Impact known as the Savanna Club (File No.: BCC- 04-000) SUPPLEMENTAL/REPLACEMENT MEMO On March 2, 2004, you will be asked to review the petition of Community Savannah Club Joint Venture, for an amendment to Condition Numbers 13 of the Final Development Order for the Development of Regional Impact known as Savanna Club. Condition Number 13 of this order addresses the requirements for disaster preparedness, specifically the amount of hurricane shelter space to be provided by the development. On April 27, 1982, the Board of County Commissioners for St. Lucie County approved Resolution 82-058, granting the Final Development Order for the Development of Regional Impact known as the Savanna Club. The Savanna Club was originally approved as a 2,560 unit mobile home subdivision, located east of South US #1, north of Walton Road, although it is likely that only about 1,930 units will in fact be constructed/installed. The Final Development Order for this project addresses the general requirements and obligations for this project necessary to address its community impacts. When this project was originally approved in 1982, St. Lucie County was among the first communities in the State to begin requiring that all new mobile home communities provide some degree of on -site shelter space for use by the residents of those communities during times of emergency, such as hurricanes. At the time this condition was imposed, the required amount of shelter space to be provided was determined to be 40 square feet, per person. This was a locally developed number and not based on any known national recommendations or standards. In 1984, the County included in its mobile home park regulations, a shelter space standard of 20 square feet per person, which was based on national Red Cross standards in effect at the time, and still in effect today. We have since applied this ratio to all new developments needing to meet this requirement. By prior agreement with the County, the developers of the Savanna Club have provided for the required amounts of hurricane shelter space by working with off -site facilities. However, this off -site facility has been proven to be less than a desirable option for all effected parties, and there has been an ongoing interest on the part of both the Savanna Club property owners/residents and the developers of the project to try and find a way to have this required shelter space relocated to an on - site facility. The developers are proposing that inconsideration for the addition of several new on - site recreation amenities, that were not part of the original development plans for the community, M M February 27 2004 Page 2 Subject: Savanna Club NOPC File No.: BCC-04-000 but that will benefit all of the residents of the Savanna Club, that they be allowed to: a.) Reduce the minimum required shelter square footage from 40 square feet /person to 20 square feet/person, consistent with national Red Cross standards, and; b.) Move all of the required shelter space to an on -site facility that would be built according to full hurricane/building codes and standards and include all applicable local public safety standards. To accomplish this action, condition number 13 of Resolution 03-184 (the last amended Development Order of this project) is proposed to be amended to read as follows: DISASTER PREPAREDNESS 13. At such time as the new on -site auditorium and fitness center/ recreational facility are issued certificates of occupancy, T;e the applicant shall provide or have provided for for a total of 23,245 square feet of on -site seeq-additieraal public shelter spaces for disaster preparedness that will be dedicated for the use of Savanna Club residents and their guests and relatives. The forgoing square footage amunt of shelter space is determined to be and will be adequate to handle the needs generated by this Development so long as the number of platted units does not exceed 1,937 units. Such needs are found to be and shall be determined pursuant to the following criteria or standards: a.) 75% of the population of this Development are assumed to be year round residents (i.e. present during hurricane season); b.) 100% of the above year round residents will be evacuated during hurricanes; c.) 40% of the those person evacuating would go to public shelters; d.) A minimum of 40 20 sq ft per person (i.e. shelter space) shall be provided by the applicant. The shelter space shall be located, equipped and stocked with provisions in accordance with requirements of St. Lucie County based on recommendation of the County DisasteF WepaFedReSs Public Safety Director. All spaces shall be designated and accepted by the St.. Lucie County Department of County DffirsaSW WepaFedness Public Safety., .. ...`T .... MY .. . _ HN ._ February 27 2004 Page 3 On Subject: Savanna Club NOPC File No.: BCC-04-000 Until such time as the Certificates of Occupancy, or equivalent authorizations, are issued that allow for the occupancy and use of these on -site buildings/facilities providing the required shelter space, the developers shall be required to maintain the existing off -site shelter areas in accord with the original standards of this condition. Upon the issuance of the Certificate of Occupancy or equivalent authorizations, and the equivalent authorization permitting and certifying the use of the on -site buildings/facilities as shelter space, the requirement for off -site shelter space shall no longer be valid. (Amended through Resolution 82-074, April 27, 1982) (Amended through Resolution 98-011, February 17, 1998) (Amended through Resolution 03-184, September 2, 2003) •r•,r,rr,rrr*r♦*r,rrr,rr,rr• January 20. 2004. the developer's of the Savanna Club submitted to the Treasure Coast Regional Planning Council (TCRPC) and the Florida Department of Community Affairs (DCA) a revised Notice of Proposed Change to an Approved of Development of Regional Impact. This filing was done pursuant to he requirements of Section 380.06(19), Florida Statutes. As e#this d-W PFGposed Attached is copy of correspondence received from the Regional Planning Council in regard to the submitted NOPC. Please note that the while the RPC letter references two distinct changes to the Development Order, the only change before you at this time deal with Condition Number 13. The applicant has withdrawn the proposed amendments to Condition Number 19 (see attached). As of this date we have not received any comments from the Department of Community Affairs in regard to the requested amendment. In addition to the attached correspondence from the RPC, we have received the attached communication from a property owner at the Savanna Club. Because of some questions as to the location of these new on -site shelter facilities, attached is generalized map of the Savanna Club proiect that highlights the -general location of these facilities. Attached, is a copy of Draft Resolution 04-019, which would propose to amend Condition Number 13 of the Final Development Order for the Savanna Club. Staff recommends approval of Draft Resolution 04-019. If you have any questions, please let me know. ITTED: Dennis J. Murphy, A Community Development Director DWcps SAVCLBI 1 b(H) cc: County Administrator County Attorney Robert Klein, Esq. Jim Snyder, TCRPC Community Savanna Club Joint Venture File LM M 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 RESOLUTION 04-019 FILE NO.: BCC-04-000 A RESOLUTION AMENDING NUBMER 82-058 APPROVING AMENDMENT TO THE AMENDED ORDER TO THE DEVELOPMENT IMPACT KNOWN AS THE SAVANT RESOLUTION A SIXTH.' 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. In 1982, WATERWOOD HOMES, INC., hereafter referred to as WATERWOOD or SAVANNA CLUB, filed with St. Lucie County an Application for Development Approval of Development of Regional Impact, in accordance with Section 380.06, Florida Statutes. 2. SAVANNA CLUB proposed to construct a residential mobile home subdivision comprising approximately 2,560 mobile home with recreation complex, constituting a Development of Regional Impact on the real property legally described in Section B below located in St. Lucie County, Florida, east of US Highway One and north of Walton Road, all located in St. Lucie County, Florida. 3. The Board of County Commissioners of St. Lucie County as the governing body of St. Lucie County having jurisdiction over that portion of this project located in the unincorporated areas of St. Lucie County, pursuant to Chapter 380, Florida Statutes, is authorized and empowered to' consider Applications for Development Approval for Development of Regional Impact. 4. Upon publication and furnishing of due notice, a Public Hearing was held Tuesday, March 23, 1982, before the Board of County Commissioners of St. Lucie County, Florida, to consider Resolution No. 82-058 granting approval to the final Development Order for the Regional Impact, known as Savanna Club. 5. At this 'public hearing, and following its closure, the Board of County Commissioners continued any further action on this application until Tuesday, April 27, 1982. 6. The Board of County Commissioners has considered the testimony, reports and other documentary evidence submitted at said public hearing by SAVANNA CLUB, the Treasure Coast Regional Planning Council (TCRPC), St. Lucie County staff as well as the public, and --------------------------------------------------------------------------------------------------------------------------- Double Underline is for addition S*Filse T-hpowyk is for deletion Existing Language is based on Resolution 82-058 (as amended through Resolution 03-184) Resolution 04-019 Draft #1- 6*' Amendment to D.O. Page 1 Print Date: 02/23/04 M n 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 7. On April 27, 1982, the Board adopted Resolution 82-058, granting Final Development Order approval to the Savanna Club, a Development of Regional Impact. 8. On June 8, 1982, this Board granted approval to Resolution 82-074, which amended Condition Number 13 of the Final Development Order for the Development of Regional Impact known as Savanna Club. 9. On May 13, 1986, this Board granted approval to Resolution 86-110, which amended the Final Development Order, by adding Conditions 10A` and 108, and by amending Section IV (revised due date for the required annual report) of the Final Development Order for the Development of Regional Impact known as Savanna. Club; based the settlement agreement dated March 31, 1996 between the Department of Community Affairs and the developers of the Savanna Club (a copy of said settlement agreement is;attached to Resolution 86- 110). 10. On July 28, 1987, this Board granted approval'`to ,Resolution 87-062, which amended Condition Number 16 of the Final Development Order for the `Development of Regional Impact known as Savanna Club. 11. On September 18, 1997, Savanna Club Corporation, the successor developer to the Savanna Club, filed a Notice of Proposed Change to an approved Development of Regional Impact, pursuant to Chapter 380.0609), Florida `Statutes, for a fourth amendment to Resolution No. 82-058, 12. On February 17, 1998, this Board held a public hearing, of which due public notice was published in the Port St.' Lucie News and the Tribune on February 5, 1998, on the proposed amendments to Resolution No. 82-058. 13. On September 2, 2003, this Board held a public hearing, of which due public notice was published in the Port St. Lucie News and the Tribune on August 22, 2003, on the proposed amendments to Resolution No. 82-058 and notifying by mail all owners of property within 500 feet of the subject property, and continued the pubic hearing on this matter until September 9, 2003. 14 On September 9, 2003, this Board reconvened the public hearing on this matter and accepted additional comments and testimony in regard to the proposed amendment to the existing Development Order for the Development of Regional Impact known as Savanna Club. 15. On March 2. 2004, this Board held a public hearing, of which due public notice was published in the Port St. Lucie News and the Tribune on February xx. 2004, on the --------------------------------------------------------------------------------------------------------------------------- Double Underline is for addition 64poke Thpawqk is for deletion Existing Language is based on Resolution 82-058 (as amended through Resolution 03-184) Resolution 04-019 Draft #1- 6"' Amendment to D.O. Page 2 Print Date: 02/23/04 So./ 1 2 3 4 5 6 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 proposed amendments to Resolution No 82-058 and notifying by mail all owners of property within 500 feet of the sub iect property. 16, 4-5 The Board believes that approving this f *14 sixth amendment to the Final Development Order (Resolution No. 82-058) for the Savanna Club is in the best interest of the public health, safety and public welfare of the citizens of St. Lucie County, Florida. B. Development plan applicable to the area in which the proposed Development is to be located.,,,-, C. That the conditions, limitations and definitions found`in Part A below, are made a part of this Development Order herein` granted subject, to these express conditions which conditions and recommendations are found to be consistent with the report and recommendations adopted by the Treasure Coast Regional Planning Council on November 20, 198.1 for the SAVANNA` CLUB D.P.T. D. The proposed Development is consistent with the local comprehensive plan, development laws and 'regulations of St..Lucie County. E. The proposed Development does not constitute a substantial deviation to the approved Development Order as defined under Chapter 380.06, Florida Statutes. THEREFORE, BE, IT RESOLVED by the Board of County Commissioners of St. Lucie Florida: That in a public meeting, duly constituted and assembled this Q'-dey of Sep*emiber 20947 2"d dgy of March 2004, Resolution No. 04-000which amends Resolution No. 82-058 granting Development Order Approval to the Development of Regional Impact known as the Savanna Club, is hereby APPROVED subject to the following conditions, restrictions and limitations: --------------------------------------------------------------------------------------------------------------------------- Double Underline is for addition S*Fike Tdhweugh is for deletion Existing Language is based on Resolution 82-058 (as amended through Resolution 03-184) Resolution 04-019 Page 3 Draft #1- 6th Amendment to D.O. Print Date: 02/23/04 M M 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 Section I: The following information submitted by the Applicant shall be made a part of and an express condition of this Development Order: a. All housing units in the Development will be doublewide mob ,ile'homes, ''which shall be permanently affixed to the real property prior to occupancy :and,,, the applicant shall cause each buyer to execute an appropriate document evidencing intent and acceptance of his intent to purchase real property and to accept real property taxation thereof. b. That SAVANNA CLUB shall prior to issuance of a building permit, Phase I, subject property, donate 120 acres in the northeast corner' fthe project site to the'State of Florida, Department of Natural Resources for inclusion In;the Savannahs Preserve. The lands covered under this grant constitute approximately 70 acres of Savannah marsh and 50 acres of upland (as shown on Exhibit PD`-2 of the TCAMAssessment Report). Section II APPLICATION FOR DEVELOPMENT APPROVAL 1. The SAVANNA CLUB App referenced and relied upol Chapter 380, Florida 5t! contained in the Applicatio waived or modified by agre For purposes,of this cond a.. Savanna Club blIT b. Savanna Club DRI, C. ration for Development "Approval is incorporated herein by by the parties in discharging their statutory duties under utes. Substantial I compliance with the representations for Development" Approval is a condition for approval unless rent among the parties, as defined in Subsection 380.07(2), i, the`ADA shall include the following items: DA, submitted June 26, 1981; ADA, supplemental information, submitted April 14, 1981; Letter and attachments dated October 21, 1981 from Thomas A. Sheehan III, to Sam Shannon regarding wetlands; "U. S. 1 Capacity Analysis" prepared by Tipton Associates Incorporated and dated October 30, 1981. (Amended through Resolution 03-184, September 2, 2003) --------------------------------------------------------------------------------------------------------------------------- Double Underline is for addition 600ke T-hpowh is for deletion Existing Language is based on Resolution 82-058 (as amended through Resolution 03-184) Resolution 04-019 Draft #1- 6th Amendment to D.O. Page 4 Print Date: 02/23/04 `r' 1 COMMENCEMENT OF DEVELOPMENT 2 3 2. In the event the developer fails to commence significant physical Development within 4 three years from the effective date of the Development Order, Development approval 5 shall terminate and the Development shall be subject to further consideration pursuant to 6 Section 380.06, Florida Statutes. Significant physical Development 'shall mean site 7 preparation work for any portion of the project. 8 9 HISTORIC AND ARCHAEOLOGICAL SITES 10 11 3. In the event of discovery of archaeological artifacts during project construction, the 12 applicant shall stop construction in that area and notify the Bureau of Historic Sties and 13 Properties in the Florida Department of State. Proper protection, to the satisfaction of 14 the Bureau, shall be provided by the applicant -SAV44 "At L, UB. 15 16 (Amended through Resolution 03-184, September 2, 2003) 17 18 VEGETATION AND WILDLIFE 19 20 4. The applicant shall contact the Game and Freshwater Fish Commission 60 days prior to 21 clearing to initiate what measures might be deemed necessary and available for relocating 22 wildlife found on site (e.g. Gopher Tortoise, Eastern Indigo Snake, etc.) 23 24 WETLANDS 25 26 5. The Applicant shall develop the project so that, upon completion, the site, as legally 27 described' in the ADA, will contain 64 acres of viable and productive wet prairies, ponds, 28 and littoral zones.:, This shall be in addition to any presently existing wetlands, including 29 but not limited to, wet prairies, marshes, ponds, and littoral zones contained in the area to 30 be deeded to the Statft, as shown on Exhibit PD-2 of the TCRPC Assessment Report, The 31 creation of 64 acres'of wet prairies, ponds and littoral zones shall not include canals and 32 drainage ditches. Included in the 64 acres of wetlands shall be 14 acres of wet prairie in 33 the upland buffer area of the 120 acre parcel to be deeded to the State for inclusion in 34 the Savannahs Preserve. The other 50 acres of new wetlands shall be created on the 35 remaining portion of the project site. In the event the management agency for the 36 Savannahs Preserve does not approve the creation of 14 acres of wet prairie in the upland 37 buffer; only the 50 acres of wetlands on the remainder of the site will be required to 38 satisfy this condition. The wetlands shall be designed, constructed and maintained in a 39 manner to mimic natural wetlands and to replace the functions lost through destruction of 40 existing wetlands to the maximum extent technically feasible. The applicant shall 41 coordinate the Development of the plan for maintaining or creating wetlands with the 42 South Florida Water Management District, the Florida Game and Freshwater Fish --------------------------------------------------------------------------------------------------------------------------- Double Underline is for addition S#ri1% T-hpeugh is for deletion Existing Language is based on Resolution 82-058 (as amended through Resolution 03-184) Resolution 04-019 Page 5 Draft #1- 6"' Amendment to D.O. Print Date: 02/23/04 0 M 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 Commission, and the Florida Department of Natural Resources prior to commencing said Development. Any plans for wetlands creation shall include design of bottom contours, plans for vegetating and description of proposed water regimes. DRAINAGE - LITTORAL ZONE 6. The applicant shall prepare a planting and management plan for the littoral zone that surrounds the lake system. The plans shall include the types extent'and timing of planting that will be provided in the littoral zone. Also; `included in the plan shall be the identification of any management activities that are intended to ensure -'the continuance and health of the littoral zone. The plan shall be subject to the approval, of St. Lucie County, in consultation with the Treasure Coast Regional Planning Councilprior to beginning excavation of the lake system. DRAINAGE - WATER TABLE 7. The drainage system shall be designed to assure that the loweriin' "of the water table on - site will not negatively affect the wetland systems; on adjoining properties, especially those systems that are currently on`land owned by, the State as part of the Savannahs natural preserve. The drainage system design` shall be subject to the approval of St. Lucie County in consultation with the Treasure Coast Regional Planning Council, South Florida Water Management District, and the Department of Natural Resources prior to any Development occurring on -site. DRAINAGE - WATER SUPPLY FOR IRRIGATION 8. The appliicant,sholl explore an alternate source of water for irrigation other than the lake drainage` system as proposed. In the event the lake drainage system is utilized for irrigation'purposes, it shall not result in withdrawal for said purposes below any permitted control level. The plan for securing irrigation water shall be subject to the approval of St. Lucie County, in consultation with the South Florida Water Management District prior to initiating construction of the lake drainage system. The applicant shall prepare a detailed site plan that includes adequate topographic detail for the 'proposed golf course that assures that minimum direct runoff into the lake system will occur. The plan shall be subject to the approval of St. Lucie County, in consultation with Treasure Coast Regional Planning Council and the South Florida Water Management District prior to beginning Development of the golf course. --------------------------------------------------------------------------------------------------------------------------- Double Underline is for addition 60iloXhiseugh is for deletion Existing Language is based on Resolution 82-058 (as amended through Resolution 03-184) Resolution 04-019 Draft #1- 6"' Amendment to D.O. Page 6 Print Date: 02/23/04 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 DRAINAGE - SAVANNAHS MARSH 10. The drainage system shall be designed to assure that natural hydroperiods, especially the historical water flow from the site, are provided to the Savannahs Marsh. The drainage system design shall be subject to the approval of St. Lucie County, in consultation with the Treasure Coast Regional Planning Council, South Florida Wateffianagement District, and the Department of Natural Resources Prior to any Development occurring on -site. The applicant shall provide any necessary or recommended monitoring of water quality run-off into Hog Pen Slough as specified by South ,Florida Water Management District or Treasure Coast Planning Council recommendations or °" St. Lucie c6u* staff recommendations. Final determination subject to these recommendations shall be made by St. Lucie County before final building permits by St. Lucie County. 10A. The developer shall institute a monitoring program at the filme of completion of the surface water system along the east side', of the Development site. Monitoring requirements are to include: A. Measurement of monthly rainfall amounts; said .measurement to be made at any site within approximately a'one mile radius of the project; B. Metering of surface water discharge from the project site at the pump installation and a summary of the amount of surface water discharge during each month; and C. Monitoring of water levels at least once every six weeks for a period of no less than three years at the following sites: i. Savanna monitoring'' point 51; ii, The surface water system on the project site, specifically at the locations: 1; ` A' series wells 25 through 30, and, 2. E series wells 25, 27, 29 and 31. If necessary or desirable, substitute sites in proximity to the ones identified above may be designated by the developer following approval by the Department of Community Affairs (DCA) in consultation with the Department of Environmental Regulation (DER) and the South Florida Water Management District (SF WMD). (Amended through Resolution 86-110, May 27,1986 and through Resolution 03-184, September 2, 2003) 10B. In July of each year after inception of the monitoring program, the developer shall summarize all data and include these data in the annual monitoring report. Copies of the -------------------------------------------------------------------------------------------------------------------------- Double Underline is for addition S*rilte TI+redgh is for deletion Existing Language is based on Resolution 82-058 (as amended through Resolution 03-184) Resolution 04-019 Draft #1- 6'' Amendment to D.O. Page 7 Print Date: 02/23/04 **e Ifto 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 annual report shall be submitted to the SFWMD, Florida Department of Natural Resources (DNR), the Southeast Florida District Office and the Bureau of Groundwater Protection and Waste Management of DER, the Treasure Coast Regional Planning Council (TCRPC) and DCA. These agencies shall review the monitoring data and, if necessary, representatives of these agencies shall meet with the developer within 45 days of receiving the report to discuss the possible modifications to the drainage system that would provide for the maintenance of historic water flows to the Savanna wetlands. If DCA, with the advice of the reviewing agencies, determines that the- drainage system must be modified, then the developer shall amend the Development Order and SFWMD permits to reflect he recommended modification. The modifications;- if "required, would involve a change in the pumping schedule and/or pump control elevation during the dry season. (Amended through Resolution 86-110, May 27,1986 and through Resolution 03-184, September 2, 2003) RECREATION AND OPEN SPACE 11. The Applicant shall prior to energizing the first 850 units, construct a minimum of 25 parking spaces and provide a dune walkover (dune .hopper), or make a payment in lieu thereof, which shall be located on Hutchinson "Island, in St. Lucie County, south of the FPL power plant, or in Martin County. FIRE PROTECTION 12. The Applicant she buildings and equik Club and vicinity. conditions: $20,01 permit for, Phase 3 Applicant shall e to elect a site : purposes of a fi construction of ($ 25,000.00) or contribute $100,000.©0 as a share of the cost of acquiring a site, znf for `a fire station east of U. S. Highway One to serve the Savanna "he contribution shall be payable under the following terms and .00 payable "within 30 days of issuance of the first mobile home in additional $40,000.00 upon energizing the first 400 units; and the .00 payable upon energizing the first 1,000 units. Additionally the id a two-year option to the Ft. Pierce -St. Lucie County Fire District x 150' at an agreed location within the proposed Development for Itation. If this land is accepted by the Fire District as a site for fire facility, then the Applicant shall receive a 25% discount lit against the $100,000.00 agreed contribution. (Amended through Resolution 03-184, September 2, 2003) 13. At such time as the new on -site auditorium and fitness center/ recreational facility are issued certificates of occupancy. -Tk►e the applicant shall provide or have provided for for a total of 23,245 square feet of on -site sweh addi*ier public shelter spaces for disaster --------------------------------------------------------------------------------------------------------------------------- Existing Language is based on Resolution 82-058 (as amended through Resolution 03-184) Resolution 04-019 Draft #1- 6" Amendment to D.O. Page 8 Print Date: 02/23/04 M 15 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 preparedness in that will be dedicated for the use of Savanna Club residents and their guests and relatives. The forgoing square footage amunt of shelter space is determined to be and will be adequate to handle the needs generated by this Development so long as the number of platted units does not exceed 1,937 units. Such needs are found to be and shall be determined pursuant to the following''" criteria or standards: a.) 75% of the population of this Developmen- residents (i.e. present during hurricane season) b.) 100% of the above year round residents will be c.) 40% of the those person evacuating would go ti d.) A minimum of 40 20 sq ft per person (i.e; she applicant. The shelter space shall be pimeyided am shall be located, equipped and stocked wi St. Lucie County based on recommendai Safety Director. All spaces shall be '& Department of County Disaster Prepape be year :uated during h )lic shelters; space) shall be by the in accordance with requirements of )unty Public accepted by the St.. Lucie County safety. 0 shelter areas in accord with the original standards of this condition. Upon the issuance of the Certificate of Occupancy or equivalent authorizations, and the equivalent authorization permitting and certifying_ the use of the on -site buildings/facilities as shelter space the requirement for off -site shelter space shall no longer be valid. --------------------------------------------------------------------------------------------------------------------------- Double Underline is for addition Strike ugh is for deletion Existing Language is based on Resolution 82-058 (as amended through Resolution 03-184) Resolution 04-019 Draft #1- 6*' Amendment to D.O. Page 9 Print Date: 02/23/04 In 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 (Amended through Resolution 82-074, April 27,1982) (Amended through Resolution 98-011, February 17, 1998) (Amended through Resolution 03-184, September 2, 2003) TRANSPORTATION 14. The applicant shall submit its request to Florida D permit the restriping and rephosing of the intersi 1 within 60 days of the date of approval of Re pursue the obtaining and issuance of this p modifications to said intersection with 45 days a If the developer does not proceed in good 1 intersection improvement, the County Commissit suspend the issuance of further building/ tie do Community until the works are completed. 17. No more than 1,500 units may be Walton Road north to the entrance an alternative, adequate security County, in the form of credit, perf Lucie County, is provided to St. Luci 03-184, September 2, 2003) energized until' ttAe extension of Lennard Road from road, from U.S. 1 is completed and opened to traffic or for the ultimate construction of some by St. Lucie ormance bond; cash or other security acceptable to St. e County by the Applicant. (Amended through Resolution 03-184, September 2, 2003) 18. The Appkarit shall provide traffic improvements necessary to maintain both Level of Service D during :the peak season (Jan. - March) and Level of Service C for annual average daily traffic at thifollowing intersections. U.S. 1 and Prima Vista Boulevard. U.S. 1 and Midport Road/Walton Road The Applicant's responsibility is based on existing traffic, traffic generated by the project, and increased traffic resulting from projected growth in the area as set forth in the ADA. In maintaining the required Level of Service, the applicant shall not be responsible for providing improvements to accommodate traffic generated by any future major developments that exceed the thresholds for Developments of Regional Impact as presently defined in Chapter 27F-2, Florida Administrative Code, or that are Developments of Regional Impact as defined in Florida Statute 380.06 and are approved subsequent to the issuance of the Development Order for this project. Such traffic shall -------------------------------------------------------------------------------------------------------------------------- Double Underline is for addition b;rilee-�kreugl► is for deletion Existing Language is based on Resolution 82-058 (as amended through Resolution 03-184) Resolution 04-019 Draft #1- 6th Amendment to D.O. Page 10 Print Date: 02/23/04 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 not be calculated in determining the required Level of Service. This responsibility shall terminate one (1) year after product is completed. In lieu of developer installing improvements to the intersection of US #1 and Port St. Lucie Boulevard, Savannah Club shall pay to St. Lucie County the sum of $25,000.00 as its contribution to the County programmed improvements to this intersection. Said $25,000.00 shall be due to St. Lucie County on September 25, 1987 The foregoing ha during the widen, under this Conditi, -fied by FDOT improvements con. 87-062, July 28, 1987 and 03-184, September 2, 2003) 19. Commencing the first winter season after the effective date of the Development order and continue every winter season (Jar► Murch): thereafter until one (1) year after Development completion, the applicant, shall undertake a study of traffic, conditions along U.S. 1. Such study shall along U. 5.1,`determine traffic volumes traffic generation by the Development, and operating conditions along U. 5. 1 between CR 712 and SR 707. The study shall include an analysis of those intersections delineated in Conditions 14 and 16 above, she study shall be coordinated with the Treasure Coast Regional Planning Council, Florida Department of Transportation, St. Lucie, County, and City of Port St. Lucie and shall be provided as part of the annWl,report required by Subsection 380.06(16) Florida Statutes. Further, the Applicant shall meet with General Development Corporation and St. Lucie County staff, to assist in a County staff recommendation defining areas and scope of obligations for the four(4))aning of Walton Road between Village Green Drive and Lennard Road. under Midport QRI and Savannah Club DRI Development Orders. The County; Commission shall provide'a final determination of the responsibilities for four (4) Inning Walton Road based upon the recommendation provided by County staff. That the memorandum of St: Lucie County Development Coordinator dated December 11, 1972, page 3, under transportation, and continuing through item 14, 15, 16, 17 and page 5, additional staff comments, (1) (2) are incorporated by reference and attached hereto for further definition and clarification to this transportation condition. 20. ' In the final site plans, the developer shall incorporate those energy conservation measures identified on pages 43 and 44 of the ADA Addendum and, to the extent feasible, measures identified in the Treasure Coast Regional Planning Council's Regional Energy Plan. To evaluate the success of including such conservation measures, the ----------------------------------------------------- --------------------------------------------------------------------- Double Underline is for addition S*Pi-ke Threugk is for deletion Existing Language is based on Resolution 82-058 (as amended through Resolution 03-184) Resolution 04-019 Draft #1- 6"' Amendment to D.O. Page 11 Print Date: 02/23/04 M M 1 2 3 4 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 applicant shall provide the Council with information as to the status of implementation of these measures in the annual report required by Subsection 380.06(16), Florida Statutes. 21. All heated swimming pools built on -site shall be heated primarily by renewable energy sources (such as solar energy). 22. A solar domestic hot water system shall be specifical 23. Only air conditioners with energy -efficient rat to mobile home purchasers. 24. The applicant shall provide for the installation toilets, flow restrictors) in all new units. 25. Mobile homes with a full line of energy efficient prospective buyers by the applicant. HEALTH CARE 26. The applicant Savannah Club, shag club house and training of manager id techniques. The homeowners guardian program" similar, to tl communities in the region. B. The leg( Applicati Legal be offered to all If aid and oxygen stations at the project onnel at the clubhouse in CPR and general first on may also wish to consider an appointed ablished at other mobile home retirement **************** )erty under this Development of Regional Impact I, is as follows: Lots 13 to 16,, inclusive, in Block 3; and Lots 9 to 16, inclusive, in Block 4; all being in Section 24,; Township 36 South, Range 40 East, as shown on map or plat of ST. LUCIE GARDENS, recorded in Plot Book 1, page 35 of the public records of St. Lucie County, Florida. All of Block 1, Lots 1, 2, 3, 4, 13, 15 and I6 in Block 2; Lots 1 to 4, inclusive, and Lots 11 23 to 16, inclusive, in Block 3, AND Lots 9 to 16, inclusive, in Block 4, all being in Section 25, Township 36 South, Range 40 East, as shown on said map or plot of ST LUCIE GARDENS. --------------------------------------------------------------------------------------------------------------------------- Double Underline is for addition S#rilw-T-kreugh is for deletion Existing Language is based on Resolution 82-058 (as amended through Resolution 03-184) Resolution 04-019 Draft #1- 6th Amendment to D.O. Page 12 Print Date: 02/23/04 0 M 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 All of Lot 2; the South } of Lots 3, 4, 5, and 6; and Lots 8 to 16 inclusive; all in Block 3, in Section 19, Township 36 South, Range 41 East, as shown on said map or plat of ST LUCIE GARDENS. All lying and being in St. Lucie County, Florida. C. Any modifications or deviations from the appi Development Order shall be submitted to the St Director, for a determination by the Board of Co as to whether the change constitutes a substa 380.06(19), Florida Statutes. The Board of Commi its determination of substantial deviation at developer. D. St. Lucie County shall monitor the Develol this Development Order. The St. Lucie Cc the local official assigned the respon enforcing the terms of the Development may require periodic reports of the deve Development Order. E. The developer shall Statutes. The annua report shall address' June to all 'i the fo 1. 2. 3, 4. r the projecfto:ensure compliance with imunity Development Director shall be Dr, ,monitoring' the Development and The Community Development Director 1 regard to any item set forth in this an annual report as required by Section 3 80.06(18), Florida Tort shall be submitted' by July 315t of each year. The annual evelopment'activities from July 1 of the preceding year through Lich: the report i"s submitted. The annual report shall, in addition -equired under the conditions of this Development Order, include IV. Any changes in the plan of Development, or in the representations contained in the Application for Development Approval, or in the phasing for the reporting year and for the next year, A summary` comparison of Development activity proposed and actually conducted for the year; Undeveloped tracts of land that have been sold, transferred, or leased to a successor developer; Identification and intended use of lands purchased, leased, or optioned by the developer adjacent to the original site since the Development Order was issued; --------------------------------------------------------------------------------------------------------------------------- Double Underline is for addition S#riheT-hreugh is for deletion Existing Language is based on Resolution 82-058 (as amended through Resolution 03-184) Resolution 04-019 Page 13 Draft #1- 6* Amendment to D.O. Print Date: 02/23/04 0 M 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 5. An assessment of the developer's and local government's compliance with the conditions of approval contained in this Development Order and the commitments specified in the Application for Development Approval and summarized in the Regional Planning Council Assessment Report for the Development undertaken; 6. Any request for a substantial deviation determination that was filed in the reporting year or is anticipated to be flied during the next year, 7. An indication of a change, if any, in local government jurisdiction for any portion of the Development since the Development Order was issued; 8. A list of significant local, State, and federal permits which have been obtained or which are pending by agency, type of permit; pgrmitnumber, and purpose of each; 9. The annual report shall be transmitted,to St. Lucie''County, the City of Port St. Lucie, the Treasure Coast Regional Planning Council, the Florida Department of Community Affairs, the South Florida'. Water Management District, and such additional parties as may be appropriate'or reQttired by law; 10. A copy of any recorded notice of the adoption of a Development Order or the subsequent modification of an adopted Development Order that was recorded by the developer pursuant to Subsection 380.06(15), Florida Statutes; and 11. Any other information requested by the Board of Commissioners of St. Lucie County or the St. Lucie County Community Development Director to be included in the annual report. F. The definitions found in Chapter 380, Florida Statutes, shall apply to this amended Development Order. G. This amended Development Order shall be binding upon the developer and its assignees or successors in interest. It is understood that any reference herein to any governmental agency shall be construed to mean any future instrumentality which may be created and designated as successor in interest to, or which otherwise possesses any of the powers and duties of any referenced government agency in existence on the effective date of this amended Development Order. H. The approval granted by this amended Development Order is conditional and shall not be construed to obviate the duty of the developer to comply with all other applicable local, State, and federal permitting requirements. --------------------------------------------------------------------------------------------------------------------------- Double Underline is for addition 64rike T-hpaw9k is for deletion Existing Language is based on Resolution 82-058 (as amended through Resolution 03-184) Resolution 04-019 Draft #1- 6N' Amendment to D.O. Page 14 Print Date: 02/23/04 0 15 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 I. In the event that any portion or section of this amended Development Order is deemed to be invalid, illegal, or unconstitutional by a court of competent jurisdiction, such decision shall in no manner affect the remaining portions or sections of this amended Development Order, which shall remain in full force and effect. J. This amended Development Order shall become effective upon K. Certified copies of this amended Development Order shall be certified mail to the Department of Community Affairs, th Planning Council, and Savanna Club. L. Within 21 days of the effective date of this the developer, shall record a notice of adopti 380.06(15)(f), Florida Statutes, with copies Department of Community Affairs, Treasure-) County. After motion and second, the vote on this resolution v Chairman Paula Lewis '. Vice -Chairman "Johr Bruhn ie Hutchinson �gional 4lows: XXX XXX XXX XXX XXX is 2nd day of March, 2004. immediately Coast Regic Resolution 03-184, September 2, 2003) Resolution No. 82-058, pmpliance with Chapter Provided to the Florida w Council and St. Lucie BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman --------------------------------------------------------------------------------------------------------------------------- Double Underline is for addition is for deletion Existing Language is based on Resolution 82-058 (as amended through Resolution 03-184) Resolution 04-019 Draft #1- 6'h Amendment to D.O. Page 15 Print Date: 02/23/04 0 IMM 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 ATTEST Deputy Clerk Dim/ 04-019a(H) APPROVED AS TO AND CORRECTA ttorney -------------------------------------------------------------- Double Underline is for addition ----------------------------------------------- � is for deletion Existing Language is based on Resolution 82-058 (as amended through Resolution 03-184) Resolution 04-019 Draft #1- 6H' Amendment to D.O. Page 16 Print Date: 02/23/04 February 25, 2004 Mr. Dennis Murphy Community Development Director St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Subject: Savanna Club Development of Regional Impact, Notification of Proposed Change Dear Mr. Murphy: a 200- TJ In accordance with the requirements of Section 380.06(19), Florida Statutes, we have reviewed the "Notification of a Proposed Change to a Previously Approved Development of Regional Impact (DRI)" (NOPC) for the Savanna Club (DRI) dated January 8, 2004 and additional information provided on January 20, 2004. The NOPC proposes to revise condition 13 "Disaster Preparedness" which currently requires the construction of 61,440 square feet of hurricane shelter space. The shelter requirement is based on a development plan of 2,560 dwelling units and a 40 square foot per person shelter space requirement. The Savanna Club plan of development has been revised to provide for construction of only 1,937 dwelling units, and based on a letter from the St. Lucie County Department of Public Safety, the allowable space per sheltered individual in a hurricane shelter is now 20 square feet. Therefore the developer has proposed revisions to condition 13 of the development order, which would require the developer to provide 23,245 square feet. of on site public hurricane shelter space. This would meet the minimum requirements to handle the needs generated by the Savanna Club DRI at buildout. The applicant is also proposing the deletion of condition 19 of the development order concerning the heating of swimming pools on site by renewable energy sources such as solar energy. Based on the information provided, Council has determined that the proposed change will not create the likelihood of any additional regional impacts and thus would not constitute a substantial deviation. Please transmit a certified copy of any Development Order amendment adopted pursuant to this notification of proposed change. Also, please render a true and certified copy of Resolution 03-184 for the Savanna Club DRI that was approved in September 2003. "Bringing Communities Togetber" • Est. 1976 301 East Ocean Boulevard - Suite 300 - Stuart, Florida 34994 Phone (772) 221-4060 - SC 269-4060 - Fax (772) 221-4467 - E-mail - admin(gtcrpc.orr m In Mr. Dennis Murphy February 25, 2004 Page 2. If you have any questions, please call. Sincerely, James T. Snyder 70 DRI Coordinator cc: Ken Metcalf, FDCA Robert N. Klein, Applicant x2l Y lel� -17 )4-zee Aeo :44 AMERICAN LAND LEASE October 27, 2003 Mr. Joel Jeffrey Savanna Club Property Owner's Assoc. 3492 Crab Apple Drive Port St. Lucie, Florida..34952 Dear Joel: Thank you for taking the time to meet with me over this past month to discuss the change in the current hurricane requirements and the building of a community auditorium/hurricane shelter. As we have discussed, if we are successful in having the County Commissioners approve the conversion of Hurricane requirement to the 20 SQFT requirement recommended by FEMA and the American Red Cross, then the company is committed to building an auditorium/hurricane shelter that would establish the necessary hurricane shelter space within the community. The support of the community is essential to this process, and requires several actions upon which we would agree serve our mutual purposes. These actions are outlined below-: 1. As a condition of building of the auditorium the SCPOA will submit a letter to St. Lucie County in support of a reduction of the current hurricane requirements to the 20 square foot requirements and any other administrative changes to reduce the current hurricane requirement to less than 26,000 total square feet. In addition, the maximum extent possible, the Board will provide a representative for any and all public hearings to both present the letter in person and empowered to speak on behalf of the SCPOA in support of the conversion. The SCPOA recognizes that without the NOPC change no such facility will be built a that the company �is under no obligation to do so - even with the —Ur compli na ce a�'n�"Mffion of the other actions within this agreement/letter. 2. The clubhouse will be built with a structural and appearance that are complimentary to the current clubhouse at Eagles Landing, using the auditorium proposal that was submitted to the residents last March as a baseline. Based on the projected size we envision that the cost will between $1.2 and $1.4 million. We invite you to appoint two residents to serve in an advisory capacity to the company to give input into the design and functionality of the building. The SCPOA may make additions to the design at their own cost, subject to the timeliness of the response during the design process. Any such changes will be coordinated through the designated n n P. O. BOX 2757 FORT PIERCE, FLORIDA 34954-2757 Writer's E-Mail RKlein@deanmead.com Via Federal Express DEAN, MEAD, MINTON & KLEIN ATTORNEYS AND COUNSELORS AT LAW 1903 SOUTH 25TH STREET SUITE 200 FORT PIERCE, FLORIDA 34947 www.deanmead.com January 20, 2004 1772) 464.7700 (772) 562-7700 FAX (772) 464.7877 Writer's Direct Dial (772) 464-7700 x. 102 Mr. Jim Snyder Treasure Coast Regional Planning Council JAN 301 East Ocean Boulevard 2 ����� Stuart, FL 34994 Re: Community Savanna Club Joint Venture/Real Estate NOPC No. 3 Dear Jim: In connection with the above -captioned matter, I have had conversations with the president of the Savanna Club Property Owners Association and my client. Based on those conversations, we have eliminated Subparagraph (b) to paragraph No. 5, where we were proposing to delete Condition No. 19 of the Development Order, which provided for solar heating for heated pools. My client decided not to request this action, and Subparagraph 5(B) and Subparagraph B of the last section of the Notice of Proposed Change have been deleted. Additionally, pursuant to those conversations, we have added language in Subparagraph A of the proposed language revisions to provide that the square footage of shelter space is the appropriate amount "so long as the number of approved units does not exceed 1,937 units." This language was added to the last sentence in the proposed revision to Condition No. 13 of the Development Order. Accordingly, only pages 5, 8 and 9 have been revised. We were careful to keep all the pages the same so that these revised pages can be inserted into the Notice of Proposed Change previously delivered to you. Enclosed are the revised pages 5, 8 and 9. I do not anticipate this change will slow you down. In fact, it will reduce the workload and therefore, we should be on the same time schedule as before. If you have any questions, please give me a call. IN iwro O D E A N DEAN, MEAD, EGERTON, BLOODwORTN, IN BR[vwFD COUNT' CAPOUANO 6 BO2ARTH. P.A. MEAD DEAN MEAD H071 941.19M 1321) 254811= M n Mr. Jim Snyder January 20, 2004 Page 2 By copies of this letter to Dennis Murphy and Donna Harris, I am also enclosing the change pages for them as well. Very truly yours, Robert . Klein Enclosures RNK:dk Cc: Dennis Murphy (w/encl.) (via hand delivery) Donna Harris (w/encl.) (via Federal Express) Don Wallace (w/encl.) (via Federal Express) Joel Jeffrey (w/encl.) F0024055v1 LM M 6. Complete the attached Substantial Deviation Determination Chart for all land use types approved in the development. If no change is proposed, or has occurred indicate no change. No change. 7. List all the dates and resolution numbers (or other appropriate identification numbers) of all modifications or amendments to the originally approved DRI development order that have been adopted by the local government, and provide a brief description of the previous changes (i.e., any information not already addressed in the Substantial Deviation Determination Chart). Has there been a change in local government jurisdiction for any portion of the development since the last approval or development order was issued? If so, has the annexing local government adopted a new DRI development order for the project? Resolution No. 82-58 April 27,1982 Granted original Development Order. Resolution No. 82-74 April 27,1982 Condition 13, entitled "Disaster Preparedness", was amended, on request by the TREASURE COAST REGIONAL PLANNING COUNCIL, to create criteria and requirements for hurricane shelters at the Savanna Club Development. Resolution 86-110 May 13,1986 Added Conditions 10A and 10B, and amended Section IV (revised due date for required annual report). Resolution No. 98-011 February 17,1998 Amended Condition 13 to modify schedule for delivery of shelter space. Resolution 03-184 511 September 2, 2003 M M Applicant proposes the following language as revisions to the Development Order: A. 13. At such time as the new on site auditorium and fitness center/recreational facility are issued certificates of occupancy, the Applicant shall provide 23,245 square feet of on site public shelter spaces for disaster preparedness in the PoA St. T ueie or -ea that will be dedicated for the use of Savanna Club residents and their guests and relatives. The foregoing square footage amount of shelter space is determined to be adequate to handle the needs generated by this Development so long as the number of approved units does not exceed 1,937 units. Sueh needs are found to be and shall be deter -mined pursuant to the Mowing eFfter-in or- standard., 75946 of the population of this Development are assumed to, year- ound residents •!present during burrienne ! O of the above year- round residents will be evaeuated during h O of those per -sons evaeuating would go to publie shelters-, d.) A minimum of 40 sq.ft. per -person (i.e., shelter- spoee) shall The shelter space shall be provided on site or off site based on the above er-it and shall be located, equipped, and stocked with provisions in accordance with requirements of St. Lucie County based on recommendations of the County Disaster- Preparedness Public Safety Director. All spaces shall be designated and accepted by the St. Lucie County Department of Disaster- Preparedness Public Safety. . Lueie County, oeeor-ding to following • the feet to be ......sided on 1s onethird of before Tune 28 1 nn4. 2. t. th a shelter- spnees (20,000) ! the square 20,000 square -- feet) to be of the time shelter- spaees (additional half the total units; an' provided at balanee of energizing of one (1j;300) the (additional of 21,440 square feed to be 3. the provided at the time of shelter- s s of energizing of three feukhs (1,950) of the total units. be deemed when a building must be prwitided, a residential unit will energized 5:11 m 19 Until such time as the certificates of occupancy are issued for the new on site auditorium and fitness center/recreational facility, the Applicant shall be allowed to continue to use the existing 36,204 square feet of shelter space at the off site bowling alley. Following the issuance of said certificates of occupancy, the Applicant shall no longer be required to operate the bowling alley as shelter space. Deletions shown by Saike dffeugh, additions by underline. In F00226320 M n P. O. BOX 2757 FORT PIERCE, FLORIDA 34954.2757 Writer's E-Mail rklein@deanmead.com VIA HAND DELIVERY DEAN, MEAD, MINTON & KLEIN ATTORNEYS AND COUNSELORS AT LAW 1903 SOUTH 23TH STREET SUITE 200 FORT PIERCE, FLORIDA 34947 www.deanmead.com January 9, 2004 l7 7 21 464- 7 700 1772) 562-7700 FAX (772) 464-7877 Writer's Direct Dial (772) 464-7700 x. 102 Dennis Murphy jN 9 XN Director of Community Development St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 Re: Community Savanna Club Joint Venture/Real Estate Dear Dennis: In connection with the above -captioned matter, please find enclosed a copy of the new Notice of Proposed Change that we have filed with the Treasure Coast Regional Planning Council. If you have any questions, please give me a call. As we discussed, please target March 2 as a hearing date. I will be unavailable on March 16. Thank you. Very truly yours, Robert N. Kfein Enclosures RNK:dk cc: Don Wallace (w/o encl.) Jim Snyder (w/o encl.) (via Federal Express) Joel Jeffrey, President, Savanna Club POA (w/encl.) F0023739.DOC IN D"MEAD, EDERTON, BLOODWORTH, IN 9REVARD COUNn DEAN, CAPOUANO S, BO211RTH, PA. MEAD DEAN MEAD 14 7111 1 1200 1321125P/900 M n STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF RESOURCE PLANNING AND MANAGEMENT BUREAU OF STATE PLANNING 2740 Centerview Drive Tallahassee, Florida 32399 (850) 488-4925 NOTIFICATION OF A PROPOSED CHANGE TO A PREVIOUSLY APPROVED DEVELOPMENT OF REGIONAL IMPACT (DRI) SUBSECTION 380.06(19), FLORIDA STATUTES Subsection 380.06(19), Florida Statutes, requires that submittal of a proposed change to a previously approved DRI be made to the local government, the regional planning agency, and the state land planning agency according to this form. 1. I, DONALD Q. WALLACE, the undersigned authorized agent of COMMUNITY SAVANNAH CLUB JOINT VENTURE, hereby give notice of a proposed change to a previously approved Development of Regional Impact in accordance with Subsection 380.06(19), Florida Statutes. In support thereof, I submit the following information concerning the SAVANNA CLUB development, which information is true and correct to the best of my knowledge. I have submitted today, under separate cover, copies of this completed notification to the County of St. Lucie, State of Florida, to the Treasure Coast Regional Planning Council, and to the Bureau of State Planning, Department of Community Affairs. T„0a , 2004 (Date) ( 4 Donald Q. Wallace, as Vice President of American Land Lease, Inc., a Delaware corporation, the sole general partner of Asset Investments Operating Partnership, L.P., a Delaware limited partnership, the sole member of AIOP Florida Properties I, L.L.C., a Delaware limited liability company, managing general partner of Community Savanna Club Joint Venture M M 2. Applicant (name, address, phone). Community Savanna Club Joint Venture 8630 South U.S. Highway #1 Port St. Lucie, Florida 34952 (772) 879-3883 3. Authorized Agent (name, address, phone). Donald Wallace American Land Lease, Inc. 29399 US Highway 19N Suite 320 Clearwater, FL 33761-2137 4. Location (City, County, Township/Range/Section) of approved DRI and proposed change. Port St. Lucie, County of St. Lucie, T 36S/R 40E/S 25 5. Provide a complete description of the proposed change. Include any proposed changes to the plan of development, phasing, additional lands, commencement date, build -out date, development order conditions and requirements, or to the representations contained in either the development order or the Application for Development Approval. Indicate such changes on the project master site plan, supplementing with other detailed maps, as appropriate. Additional information may be requested by the Department or any reviewing agency to clarify the nature of the change or the resulting impacts. A. Applicant proposes to change Condition 13 of St. Lucie County Resolution No. 98-011, entitled "DISASTER PREPAREDNESS". The Development Order requires to provide hurricane shelter space "dedicated for the use of Savanna Club residents and their guests and relatives" which shall be adequate to meet the needs of the development, using criteria set forth in the Development Order, as follows: M M M a.) 75 % of the population of this Development are assumed to be year- round residents (Le. present during hurricane season); b.) 100 % of the above year round residents will be evacuated during hurricanes, c.) 40% of the those person evacuating would go to public shelters, d.) A minimum of 40 sq ft per person (Le. shelter space) shall be provided by the applicant The shelter space shall be provided on -site or off -site based on the above criteria and shall be located, equipped and stocked with provisions in accordance with requirements of St. Lucie County based on recommendation of the County Disaster Preparedness Director. All spaces shall be designated and accepted and accepted by the St. Lucie County Department of Disaster Preparedness, subject to approval of St. Lucie County according to the following schedule. 1. one-third of the shelter spaces (20,000) square feet to be provided on or before June 28,1998; 2. two-thirds of shelter space (additional 20,000 square feet) to be provided at the time of energizing of one-half (1,300) of the total units; and 3. the balance of the shelter spaces (additional 21,440 square feet) to be provided at the time of energizing three fourths (1,950) of the total units. For the purpose of determining when each portion of the hurricane shelter must be provided a residential unit will be deemed energized when a building permit is issued for the construction of that until on a platted lot in the Savanna Club Development. The Development Order, as currently written, requires the ultimate construction of 61,440 square feet of shelter space. There exists now 36,204 square feet of hurricane shelter space at the bowling alley and another 9,000 square feet of useable space in the new clubhouse (3,796 square feet of which is mandated as shelter space) for a total of 45,204 square feet of available shelter space. This exceeds the 40,000 square feet of shelter that is required at this point in time by the Development Order. The approved Master Plan for Savanna Club provides for the construction of 1,937 units. This is 600 n units less than the original approval (2,560) and less than the amount of units (1,950) that requires the construction of another hurricane shelter. Accordingly, the Applicant will not be required to build any additional shelter space. The Applicant, however, proposes to eliminate the off site (bowling alley) shelter space and to create additional on -site shelter space in the auditorium and fitness center/recreational facility to be constructed. To be able to do this, the requirement of 40 square feet of space per person needs to be reduced to 20 square feet per person. When the Development Order was approved, and until recently, the homes at Savanna Club were not constructed to meet the wind loads of today's manufactured homes. New homes constructed in Phases 4 and higher at Savanna Club are certified to meet wind loads of 100 miles per hour, and the outside packages of each home (shutters, florida room, carport, etc.) are built to withstand wind loads of up to 145 miles per hour. This level of windstorm protection exceeds that of homes built within the first three phases. Accordingly, the Applicant does not believe that the amount of shelter space needed is as great as when the Development Order was authorized or amended as to Condition 13. Further, 40 square feet per person is double what is required for shelter space needed. Please see the attached letter from Don Daniels, St. Lucie County Emergency Management Coordinator, confirming that 20 square feet is all that is required. Additionally, the St. Lucie County Comprehensive Plan only mandates the construction of hurricane shelter space by residential developments located in the coastal flooding areas (Policy 7.2.2.4), when there is no demonstration of available shelter space. Savanna Club is not in a coastal flooding area, and even if it was, as set forth below, adequate shelter space exists. Applying the Development Order formula to maximum allowed density (1937 units) and using the 20 square feet standard, only 23,244 square feet of shelter space is required. (1937 units x 2 persons = 3874 persons/unit x 75% hurricane season occupancy = 2905.50 x 40% use of shelters = 1,162 x 20 square feet = 23,244 square feet of space). The on site auditorium to be constructed by the Applicant will contain at least 10,125 square feet of shelter space and the new on site fitness center/recreational facility will contain at least 4,120 square feet of shelter space. Adding that to the 9000 square feet of existing shelter space in the Eagle's Landing Clubhouse brings the total on site shelter space, when constructed, to 23,245 square feet, which meets the standard. -4- cm 0 B. Applicant proposes to delete Condition 19 of Resolution 98-011. This condition was put in place in the 1980's to discourage the use of energy - inefficient pool heating equipment. Since then, other more cost effective alternatives to renewable energy sources and solar heating have become available with increased energy efficiency. 6. Complete the attached Substantial Deviation Determination Chart for all land use types approved in the development. If no change is proposed, or has occurred indicate no change. No change. 7. List all the dates and resolution numbers (or other appropriate identification numbers) of all modifications or amendments to the originally approved DRI development order that have been adopted by the local government, and provide a brief description of the previous changes (i.e., any information not already addressed in the Substantial Deviation Determination Chart). Has there been a change in local government jurisdiction for any portion of the development since the last approval or development order was issued? If so, has the annexing local government adopted a new DRI development order for the project? Resolution No. 82-58 April 27,1982 Granted original Development Order. Resolution No. 82-74 April 27,1982 Condition 13, entitled "Disaster Preparedness", was amended, on request by the TREASURE COAST REGIONAL PLANNING COUNCIL, to create criteria and requirements for hurricane shelters at the Savanna Club Development. Resolution 86-110 May 13,1986 Added Conditions 10A and lOB, and amended Section IV (revised due date for required annual report). Resolution No. 98-011 February 17,1998 Amended Condition 13 to modify schedule for delivery of shelter space. Resolution 03-184 September 2, 2003 -5- M M Amended Conditions 14,15 and 16 regarding transportation impacts. There has been no change in local government jurisdiction for any portion of the development since the last approval or development order was issued. 8. Describe any lands purchased or optioned within 1/4 mile of the original DRI site subsequent to the original approval or issuance of the DRI development order. Identify such land, its size, intended use, and adjacent non -project land uses within V2 mile on a project master site plan or other map. There have been no lands purchased or optioned within 1/4 mile of the original DRI site subsequent to the original approval or issuance of the DRI development order. 9. Indicate if the proposed change is less than 40% (cumulatively with other previous changes) of any of the criteria listed in Paragraph 380.06(19)(b), Florida Statutes. The proposed change is less than 40% of any criteria listed in §380.06(19)(b), Florida Statutes. The proposed change does not fall in any of the enumerated categories of §380.06(19)(b). Therefore, the proposed change does not constitute a "substantial deviation" as defined by Florida Statutes §380.06(19)(b) and should not cause the development to be subject to further development of regional impact review without the necessity for a finding of same by the local government, which further review has not been found to be necessary by the local government. Do you believe this notification of change proposes a change which meets the criteria of Subparagraph 380.06(19)(e)2., F.S. YES X NO 10. Does the proposed change result in a change to the buildout date or any phasing date of the project? If so, indicate the proposed new buildout or phasing dates. The proposed change does not result in a change to the buildout date or any phasing date of the project. 11. Will the proposed change require an amendment to the local government comprehensive plan? The proposed change will not require an amendment to the local government M '*'rr' N4010 comprehensive plan. Provide the following for incorporation into such an amended development order, pursuant to Subsections 380.06 (15), F.S., and 9J-2.025, Florida Administrative Code: Not applicable. 12. An updated master site plan or other map of the development portraying and distinguishing the proposed changes to the previously approved DRI or development order conditions. There will be no change to the master site plan or any other map of the development. 13. Pursuant to Subsection 380.06(19)(f), F.S., include the precise language that is being proposed to be deleted or added as an amendment to the development order. This language should address and quantify: a. All proposed specific changes to the nature, phasing, and build -out date of the development; to development order conditions and requirements; to commitments and representations in the Application for Development Approval; to the acreage attributable to each described proposed change of land use, open space, areas for preservation, green belts; to structures or to other improvements including locations, square footage, number of units; and other major characteristics or components of the proposed change; b. An updated legal description of the property, if any project acreage is/has been added or deleted to the previously approved plan of development; C. A proposed amended development order deadline for commencing physical development of the proposed changes, if applicable; d. A proposed amended development order termination date that reasonably reflects the time required to complete the development; e. A proposed amended development order date until which the local government agrees that the changes to the DRI shall not be subject to down -zoning, unit density reduction, or intensity reduction, if applicable; and f. Proposed amended development order specifications for the annual report, including the date of submission, contents, and parties to whom the report is submitted as specified in Subsection 9J-2.025 (7), F.A.C. Ird M M Applicant proposes the following language as revisions to the Development Order: A. 13. At such time as the new on site auditorium and fitness center/recreational facility are issued certificates of occupancy, the Applicant shall provide 23,245 square feet of on site public shelter spaces for disaster preparedness in the Pert St. r „eie aFee that will be dedicated for the use of Savanna Club residents and their guests and relatives. The foreyinE square footage amount of shelter space is determined to be adequate to handle the needs generated by this Development. Sueh needs are found to be aBd shall be deter-miBedd pursuant to the following eiiter-ia or- standaFd- of the population of this Development aFe assumed to ., 1. \ 1 nn0/_ oft the above year round residents will be evaeuated du ring hur-r-ieaBes; 0 of those peFsons evaeuating would go to publie shelters; 9€-49-sq. ft. peF per -son O., ided by the appheant. The shelter space shaH be pFevided on site eF off site based on the abffe er-it and shall be located, equipped, and stocked with provisions in accordance with requirements of St. Lucie County based on recommendations of the County Disaster- Preparedness Public Safety Director. All spaces shall be designated and accepted by the St. Lucie County Department of Disaster- Preparedness Public Safety. , aeeor-ding to following sehedule., 1 one third f the 1, l+ F spa es (20,000)square t tfeet be p .. Aded on before june 28 1nnQ. ! ! 2. two thi a f the shelter. preen (additional 20,000 square feet) be to w � provided at the time of ener-gizing of one half !300) of the total units; an 2 the balanee f +1. shel+ spaees (additional 21,440 square f o+ be- pFevided at the time of energizing of thr-e UAW !950) of the total units. FOF th of whende+er...�i..iBg en eel. portion of the 1.ffr shelter- must 10 m m Until such time as the certificates of occupancy are issued for the new on site auditorium and fitness center/recreational facility, the Applicant shall be allowed to continue to use the existing 36,204 square feet of shelter space at the off site bowling alley. Following the issuance of said certificates of occupancy, the Applicant shall no longer be required to operate the bowling alley as shelter space. B. 19. �nrM heated pools -built -on site ll b beatea p-;., aF; y b Deletions shown bye, additions by underline. M F0022632v2 M BOARD OF COUNTY COMMISSIONERS NOV 8.2002 November 6, 2002 Robert N. Klein Dean, Mead, Minton & Klein P.O. Box 2757 Fort Pierce, Florida 34954 Dear Mr. Klein, Im DEPARTMENT OF PUBLIC SAFETY JACK T. SOUTHARD DIRECTOR CAROLYN DILL -COLLIER — 911 COORDINATOR kLD DANIELS — EMERGENCY MANAGEMENT COORDINATOR KAREN TAYLOR — ANIMAL CONTROL COORDINATOR ANDREW RITCHIE — MARINE SAFETY CAPTAIN This letter is in response to your request on criteria used to determine allowable space per sheltered individual in a hurricane shelter. The Red Cross document ARC 4496 (2002) is used by emergency planners to calculate population capacity for public shelter. That population is based on 20 sq ft. per person for a hurricane (risk) shelter. Chapter 7, State Requirements for Educational Facilities, also states that Enhanced Hurricane Protection Areas are to be constructed to a calculated capacity of (20) square feet per occupant for up to (8) hours during a hurricane. Please call me at 772-461-5201 or email at donalddnco.st-lucie.fl.us if you have any questions. Sincerely, Donald G. Daniels Emergency Management Coordinator cc: Jack Southard, Public Safety Director Dennis Murphy, Community Development Director JOHN D. BRUHN, District No. 1 - DOUG COWARD, District No. 2 - PAULA A. LEWIS, District No. 3 - FRANNIE HUTCHINSON, District No. 4 - CLIFF DARNE5, District No. 5 County Administrator - Douglas M. Anderson 101 North Rock Road • Fort Pierce, Florida 34945 Phone (561) 462-1736 - Public Safety Office • (561) 461-5201 - Emergency Monagemenr - (561) 465-5770 - 911 Office Line (561) 461-6177 - Animal Control Agenda Request `4 i Item Number: Meetinq Date: 3/2/04 Consent [ ] Regular [ ] Public Hearing [ X j Leg. [ 4] Quasi -JD k X ] To: Board of County Commissioners s Submitted By: Community Development _AZ�� _ ,,$sf1 Dev o ent Director SUBJECT: Consider Draft Resolution 04-018 approving the request of Harold H. Smyth for a change in zoning from the AG-1 (Agricultural — 1 du/acre) zoning district to the IL (Industrial Light) zoning district for property located on the west side of Trowbridge Road, approximately 400 feet south of the intersection of Orange Avenue and Trowbridge Road. (File No.: Rz-03-048). BACKGROUND: Attached is a copy of the petition of Harold H. Smyth for a change in zoning from the AG-1 (Agricultural - 1 du/acre) zoning district to the IL (Industrial Light) zoning district, for a 1.05-acre tract of land located on the west side of Trowbridge Road, approximately 400 feet south of the intersection of Orange Avenue and Trowbridge Road. The applicant has indicated that the purpose of this change in zoning is to allow for the construction of a contractor's office. The permitted uses in the IL (Industrial light) zoning district are not expected to negatively impact the existing uses in the surrounding area or place additional demands on public services in the area. FUNDS AVAILABLE: N/A PREVIOUS ACTION: At the February 19, 2004 public hearing, the Planning and Zoning Commission, by a vote of 6-2, with one member absent (Mr. Trias), recommended approval of the applicant's request for a change in zoning. RECOMMENDATION: Staff recommends approval of Draft Resolution 04-018. COMMISSION ACTION: APPROVED DENIED OTHER — Motion to deny and bring back in three months. Coordination/ Signatures CON RRENCE: ;boefdfas M. Anderson County Administrator County Attorney` Mgt. & Budget: Purchasing: Finance.: Fire Dept: Public Works: Environ. Resources; Utility: Other: w COUNTY COMMISSION REVIEW: 3/2/04 RZ-03-048 COMMUNITY DEVELOPMENT DEPARTMENT (Planning Division) MEMORANDUM TO: Board of County Commission FROM: Community Development Director DATE: February 24, 2004 SUBJECT: Application of Harold H. Smyth for a change in zoning from the AG-1 (Agricultural — 1 du/acre) zoning district to the IL (Industrial Light) zoning district. (File No.: RZ-03-048) LOCATION: West side of Trowbridge Road, approximately 400 feet south of the intersection of Orange Avenue and Trowbridge Road. EXISTING ZONING: AG-1 (Agricultural - 1 du/acre) PROPOSED ZONING: IL (Industrial Light) FUTURE LAND USE: MXD-Orange Avenue West (Mixed Use — Orange Avenue West — Special Use — Commercial/Industrial [SU (COM/IND)]) PARCEL SIZE: 1.05 acres PROPOSED USE: The purpose of the requested change in zoning is to make the property more consistent with the surrounding growth and to allow the development of a contractor's office. PERMITTED USES: Section 3.01.03(T), IL (Industrial Light) identifies the designated uses, which are permitted by right, permitted as an accessory use, or permitted through the conditional use process in the IL (Industrial Light) Zoning District. Any use designated as a "Conditional Use" is required to undergo further review and approval. Any use not identified in the zoning district regulations is considered to be a prohibited use in that district (see Attachment "A"). SURROUNDING ZONING: IL (Industrial Light) zoning district surrounds the property to the north and east; CG (Commercial General) zoning is located to the west and northwest; AG-1 (Agricultural — 1 February 24, 2004 Harold H. Smyth Page 2 File No.: RZ-03-048 du/acre) zoning district surrounds the subject property to the south. SURROUNDING LAND USES: The property to the north, south, east and west is designated with a MXD — Orange Avenue West — SU (COM/IND) future land use designation. The surrounding uses are primarily general industrial and commercial in nature to the north, east and west and residential to the south. FIRE/EMS PROTECTION: Fire Station Number 11 (3501 Shinn Road) is located approximately 3'/2 miles to the southwest. UTILITY SERVICE: The subject property will be provided water through an onsite well and sewer services through an onsite septic system. The subject property is located inside of the existing urban service boundary for St. Lucie County. At this time utilities are not available in this area. TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: Orange Avenue west of Kings Highway is a County owned roadway facility with a 100-foot right-of-way width; Trowbridge Road is a County owned and maintained roadway facility with a 55-foot right-of-way width. SCHEDULED IMPROVEMENTS: An additional five -feet of right-of-way for Trowbridge Road will need to be dedicated as part of any site plan approval. TYPE OF CONCURRENCY DOCUMENT REQUIRED: Concurrency Deferral Affidavit. STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for the proposed rezoning, the Planning and Zoning Commission shall consider and make the following determinations: 1. Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie County Land Development Code; M in February 24, 2004 Page 3 Harold H. Smyth File No.: RZ-03-048 The applicant is requesting a change in zoning from the AG-1 (Agricultural — 1 du/acre) zoning district to the IL (Industrial Light) Zoning District. The area in which the subject property is located is currently utilized for light industrial uses with interspersed commercial uses to the north, east and west. In addition, residential uses are located to the south of the subject property along Trowbridge Road. The stated purpose of this change in zoning is to allow for development consistent with the industrial uses within the area and to develop a contractor's office, with accessory equipment parking. The subject property is located on the west side of Trowbridge Road, approximately 400 feet south of the intersection of Orange Avenue and Trowbridge Road. Trowbridge Road is a County owned and maintained 2-lane north/south roadway facility. The IL (Industrial Light) Zoning District has been determined to be an acceptable zoning district within the MXD - Orange Avenue West [Mixed Orange Avenue West (SU — COM/IND)] future land use designation. 2. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; Table 1.6 of the Future Land Use Element, Data and Analysis, indicates those zoning classifications allowed under the MXD (Mixed Use) Future Land Use Designation. According to this table, the IL (Industrial Light) Zoning District is considered to be acceptable within the areas designated with a Future Land Use Classification of MXD (Mixed Use). Policy 1.1.7.3 designates the Mixed Use activity areas, within St. Lucie County. According to this Policy, the subject property is located within the Mixed Use — West Orange Mixed Use Activity Area, found on Figure 1-10J. According to this figure, the subject property is designated with a SU — COM/IND use. SU (COM/IND) means that the uses within this zone are restricted to those that would be equivalent to the IND, COM, T/U or the P/F land uses designations as described in the future land use element of the Comprehensive Plan. Policy 1.1.1.1 of the Future Land Use Element indicates that the maximum intensity that can be constructed for the MXD (Mixed Use Development) future land use designation is 40% — 50% of the site by building. 3. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; The proposed zoning district is considered to be consistent with existing and proposed future land use designations in the area. The surrounding properties to the north, south, east and west are designated with a MXD — West Orange Avenue future land use designation. The properties located to the north and east are being utilized for general industrial uses further to the west and northwest are commercial uses, to the south is an existing residential unit. The northernmost property line is abutting an existing industrial M in February 24, 2004 Page 4 Harold H. Smyth File No.: RZ-03-048 use that stores heavy equipment on the site. The subject property is not buffered from the use to the north and, as such, would not be an appropriate site for residential uses. North of Orange Avenue is the Carboy Industrial Park and a number of other industrial uses. The permitted uses in the IL (Industrial Light) Zoning District are not expected to unduly impact the surrounding area or uses. 4. Whether there have been changed conditions that require an amendment; Conditions have changed so as to require an amendment. The general character of the surrounding area is primarily general industrial uses with interspersed commercial uses. The applicant's request would continue this more intense industrial development adjacent to Orange Avenue and the northern sections of Trowbridge Road. The property to the due east is zoned for industrial uses and extends the entire block. 5. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether or to the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical facilities; The intended use for this rezoning is not expected to create significant additional demands on any public facilities in this area. Orange Avenue, west of Kings Highway is a County -owned and maintained facility with a right-of-way width of 100 feet. At this time, Orange Avenue, west of Kings Highway is not slated for any improvements. Orange Avenue, east of Shinn Road is a 2-lane facility that operates at a Level of Service (LOS) A. Based upon the Spring 2003 traffic counts for St. Lucie County, this segment of roadway has a capacity of 18,900 daily trips. Currently 4,300 trips are committed, leaving 14,600 daily trips available. Therefore, sufficient capacity is available on Orange Avenue to meet the demands of this project. Trowbridge Road south of Orange Avenue is a 55-foot County owned and maintained right-of-way. This roadway facility does not have sufficient right-of-way. Therefore at the time of site plan approval for any development on this property, an additional five feet of right-of-way must be dedicated to the County. The subject property is located inside of the existing urban service boundary for St. Lucie County. At this time, this property is not located within the proposed service delivery area of any municipal provider. Therefore, an onsite well and septic system will be used for water and sewer. Upon water and sewer being supplied to the area, any development (existing or proposed) will be required to connect to the system. 6. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; n M February 24, 2004 Page 5 Harold H. Smyth File No.: RZ-03-048 The proposed amendment is not anticipated to create adverse impacts on the natural environment. The existing property has been cleared. No native vegetation exists on the site. Previously, the property was highly impacted with exotic vegetation (Brazilian Pepper), which the property owner has removed. The applicant/property owner will be required to comply with all federal, state, and local environmental regulations as part of any submitted development plans for the site. 7. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specifically identifying any negative affects of such patterns; An orderly and logical development pattern will occur with this change in zoning for the subject property. The subject property has been designated as being appropriate for industrial uses within the St. Lucie County Future Land Use Map — MXD — Orange Avenue West designation. 8. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this Code; The proposed change in zoning for the subject property would not be in conflict with the public interest and is in harmony with the purpose and intent of the St. Lucie County Land Development Code. COMMENTS The petitioner, Harold H. Smyth, has requested this change in zoning from the AG-1 (Agricultural — 1 du/acre) zoning district to the IL (Industrial Light) Zoning District in order to develop the property as a contractor's office. The subject property is located on the west side of Trowbridge Road, approximately 400 feet south of the intersection of Orange Avenue and Trowbridge Road. The subject property is in an area designated for Commercial and Industrial uses within the MXD — West Orange Avenue Activity Area within the Comprehensive Plan. The IL (Industrial Light) Zoning District has been determined to be compatible with the MXD — West Orange Avenue Activity Area. Attached is a copy of Section 3.01.03(T) — IL (Industrial Light), of the St. Lucie County Land Development Code, which delineates the permitted, accessory and conditional uses allowed in the IL (Industrial Light) Zoning District. If the change in zoning request were approved, the applicant, by right, would be allowed to establish any of the uses under the Permitted Uses section. Any use under the Accessory Uses section would be allowed only if one or more of the permitted uses exist on the subject property. Any use under the Conditional Uses section could only be allowed if a request is made of and approved by the Board of County Commissioners. M M February 24, 2004 Page 6 Harold H. Smyth File No.: RZ-03-048 Staff has reviewed this petition and determined that said petition conforms to the Standards of Review as set forth in the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. At the February 19, 2004 public hearing, the Planning and Zoning Commission recommended that the petitioner's request to rezone the property from the AG-1 (Agricultural, 1 du/acre) zoning district to the IL (Industrial Light) zoning district be forwarded to the Board of County Commissioners with a recommendation of approval by a 6-2 vote with one member absent (Mr. Trias). Staff recommends approval of Draft Resolution 04-018 granting approval for the petitioner's request for a change in zoning from the AG-1 (Agricultural 1 du/acre) zoning district to the IL (Industrial Light) zoning district. Please contact this office if you have any questions on this matter. Community Development Director cs cc: Harold A. Smyth File H:\wp\rezoning\Trowbridge - Smyth\BCC\smith.rezone.stfrpt.doc n M 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 RESOLUTION 04-018 FILE NO.: RZ-03-048 A RESOLUTION GRANTING A CHANGE IN ZONING FROM THE AG-1 (AGRICULTURAL - 1 DU/ACRE) ZONING DISTRICT TO THE IL (INDUSTRIAL LIGHT) ZONING DISTRICT OF CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence including, but not limited to the staff report, has made the following determinations: Harold H. Smyth, presented a petition for a change in zoning from the AG-1 (Agricultural - 1 du/acre) zoning district to the IL (Industrial Light) zoning district for the property described in Part A below. 2. On February 19, 2004, the St. Lucie County Planning and Zoning Commission held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property, and recommended that the Board of County Commissioners approve the hereafter described request for a change in zoning from the AG-1 (Agricultural - 1 du/acre) zoning district to the IL (Industrial Light) zoning district for the property described in Part A below. 3. On March 2, 2004, this Board held a public hearing on the petition, after publishing notice at least 10 days prior to the hearing and notifying by mail all owners of property within 500 feet of the subject property. 4. The proposed change in zoning is consistent with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.06.03 of the St. Lucie County Land Development Code. 5. The proposed change in zoning is consistent with the existing and proposed use of property in the surrounding area. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The proposed change in the zoning district classification for that property described as follows and as depicted on the maps in Exhibit A: File No.: RZ-03-048 March 2, 2004 Resolution 04-018 Page 1 M n 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 The North 150 feet of the South 600 feet of the following described property: Commence at the intersection of State Road 68 (also described as Orange Avenue) and the West line of the Northwest Quarter of the Southeast Quarter of Section 12, Township 35 South and Range 38 East; run East along the South right-of-way line of the above described State Road 68 from the intersection of the South line of State Road 68 and the West line of the Northwest Quarter of the Southeast Quarter of Section 12, Township 35 South, Range 38 East; run Easterly along the South right-of- way line 1,000 feet to the Point of Beginning; thence continue Easterly on said South right-of-way line North 89442'02" East, a distance of 302.57 feet to a point; thence run Southerly South 00425'50" East, a distance of 935 feet to a point; thence run Westerly on a line South 89242'02" West, a distance of 703.96 feet to a point; thence run Northerly on a line North 00220'25" West, a distance of 460 feet to a point; thence run Easterly on a line North 89442'02" East, a distance of 400 feet to a point; thence run North on a line North 00220'45" West, a distance of 475 feet to the Point of Beginning, all of said lands being in the Northwest Quarter of the Southeast Quarter of Section 12, Township 35 South, Range 38 East, St. Lucie County, Florida. Tax Id. No. 2212-421-0002-000/4 (Location: West side of Trowbridge Road, approximately 400 feet south of the intersection of Orange Avenue and Trowbridge Road) owned by Harold H. Smyth, is hereby changed from the AG-1 (Agricultural - 1 du/acre) zoning district to the IL (Industrial Light) zoning district. B. The St. Lucie County Community Development Director is hereby authorized and directed to cause the change to be made on the Official Zoning Map of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this resolution. After motion and second, the vote on this resolution was as follows: File No.: RZ-03-048 March 2, 2004 Chairman Paula Lewis XXX Vice -Chairman John Bruhn XXX Commissioner Doug Coward XXX Commissioner Cliff Barnes XXX Commissioner Frannie Hutchinson XXX Resolution 04-018 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 PASSED AND DULY ADOPTED This 2ND day of March 2004. ATTEST: Deputy Clerk cs H:\Wp\Rezoning\trowbridge-smyth\BCC\R04018.doc File No.: RZ-03-048 March 2, 2004 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney Resolution 04-018 Page 3 m m 10 11 File No.: RZ-03-048 March 2, 2004 Exhibit A Map Series Resolution 04-018 Page 4 IOWA AGENDA ITEM 6: HAROLD H. SMYTH — FILE NO. RZ-03-048: C � SON pPPRO Ms. Cyndi Snay, presenting staff comments, stated that Agenda Item # 6 was the application of Harold H. Smyth for a Change in Zoning from the AG-1 (Agricultural - 1 du/acre) Zoning District to the IL (Industrial, Light) Zoning District for a 1.05-acre parcel of land located on the west side of Trowbridge Road, approximately 400 feet south of the intersection of Orange Avenue and Trowbridge Road. She continued that the future land use designation was MXD-Orange Avenue West (COM/IND). She also stated that the purpose of the requested change in zoning was to make property more consistent with the surrounding growth and to allow the development of a contractor's office. Ms. Snay stated that the IL (Industrial Light) Zoning District has been determined to be an acceptable zoning district within the MXD Orange Avenue West (Mixed Orange Avenue West (SU — COM/IND)) future land use designation. She advised that the proposed zoning district is considered to be consistent with existing and proposed future land use designations in the area. The property located to the north, northwest and east are being utilized for general industrial uses further to the west is commercial uses, to the south is a residential unit. The permitted uses in the IL (Industrial Light) Zoning District are not expected to unduly impact the surrounding area or uses. Staff has reviewed this petition and determined that the proposed petition conforms to the Standards of Review as set forth in the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff recommends that you forward this petition to the Board of County Commissioners with a recommendation of approval of the petitioner's request for a change in zoning from the AG-1 (Agricultural 1 du/acre) zoning district to the 1L (Industrial Light) zoning district. Chairman McCurdy questioned if the petitioner was present. Mr. Harold Smyth, 1502 Seaway Drive, stated that he was the applicant and would be happy to answer any questions. Mr. Lounds questioned if the piece just south of his was the old Rawlerson piece. Mr. Smyth stated that it is not. He stated that there is one house in between and the Rawlerson house is one more parcel below. Chairman McCurdy opened the public hearing. Ms. Vickie Vierthaler stated that she lives on the property just to the south of this parcel. She continued that she would like to keep this a residential or agricultural area. She stated that there are mini ranches proposed down the road from them and would not personally want to live in an industrial area. She also stated there is already industrial around and this property currently acts as a buffer and would like to keep it that way. She advised that the reason the applicant wants it rezoned is because he would have a P&Z / LPA Regular Meeting February 19, 2004 Page 8 of 12 IN SUBJECT TO PLANNING & ZONING COMMISSION APPROVAL better chance of selling it and because it is a small acreage. She continued that she has 2 1/2 acres. She stated that the Rawlerson's property is actually the third parcel to the south. She also stated that the next gentleman is her neighbor and they would like to keep as much industry out of that area as possible. Mr. Henry Eplin stated that he lives next door to Ms. Vierthaler at 401 Trowbridge Road. He stated that he has lived out there his whole life and was raised there too. He continued that to the north and east of their property are industrial and commercial properties. He stated that they would like to keep the southern portion as residential so they can have their own little neighborhood. Seeing no one else, Chairman McCurdy closed the public hearing. Mr. Lounds stated that in his previous discussions about industrial properties along Kings Highway and Airport road he has suggested that the petitioners provide better landscaping so that residents in the area feel it buffers the industrial nature of the projects. He continued that he would like to ask the Board to again consider enhancing the IL (Industrial, Light) landscaping requirements. He also stated that he doesn't have a problem with this project because it squares off a piece that it is industrial and general commercial. He continued that he is very familiar with that area and what is out there. He stated that he understands what the residents who live in that area are talking about. He advised that enhancing the IL (Industrial, Light) landscaping requirements to provide some additional buffering would improve those areas, as long as the County regulates maintaining that landscaping. Ms. Morgan questioned why the IL (Industrial, Light) zoning is necessary if he only wants this for a contractor's office. Ms. Snay stated that according to the Land Development Code a contractor's office must be in the industrial area and cannot be in the general office category. She continued that if the applicant wants to have equipment or anything of that nature it must be in the industrial category. Ms. Morgan questioned if the petitioner was planning on putting equipment on the site. Mr. Smyth stated that they would be storing materials and equipment on the property. He continued that they have a backhoe, tractors, and other types of equipment that they would be storing on the property. Ms. Morgan questioned what type of contractor the applicant was. Mr. Smyth stated that he is a general contractor. Mr. Merritt questioned if the applicant would be working on the equipment on that site. Mr. Smyth stated that they would only be working on it there if it happens to break down and he needs it out the next day. Ms. Hammer stated that if this was just a home that was going to be a regular office for the contractor to go in and out of she might be able to live with that. She continued that putting heavy equipment, with the noise of it backing up, and storing construction materials right beside individuals that have homes she has a problem with. She stated that if would be better if there was a place in the code that only allowed contractor's P&Z / LPA Regular Meeting February 19, 2004 Page 9 of 12 �p�1CeA1.— SLAN NG & ZONING P TL WOS10N AppRnV AL offices rather than the broad range of permitted uses allowed under the (Industrial, Light) zoning. She continued that she is concerned about what could happen on this property if this proposed venture doesn't work out and the zoning has been changed. Mr. Lounds stated that he understands Ms. Hammer's concern but questioned if she knew the area at all. Ms. Hammer stated that she did not know this area. Mr. Lounds stated that there is a lot of traffic on this portion of Orange Avenue and many industrial areas already there. He continued that the residents who live in that area are well aware of these types of businesses and the noises affiliated with them. He advised that this is a situation where there are residents in an industrial area but this whole area is one of the light industrial areas for St. Lucie County that is west of town and not part of the in town traffic. Mr. Smyth showed the Planning and Zoning Commission members pictures taken of the north, south, east, and west views from standing in the middle of his property. He explained that as the pictures showed most of the views in that area are of industrial businesses. Mr. Lounds stated that he really does understand what Ms. Hammer's concerns are but doesn't feel that having a general contractor's office would attribute any more noise than what is already there. Ms. Hammer stated that when property owners purchase land that is zoned AG-1 (Agricultural - 1 du/acre) they have rights that state they will have AG-1 (Agricultural - 1 du/acre) zoning beside them. She continued that she doesn't feel it is fair to impose something else on them, especially when the zoning code doesn't ensure that it will stay as a construction office. She stated that she feels the permitted uses allowed under this zoning are very intensive and being next to residential areas is not right. Mr. Akins questioned what the north south dimension of the property was. Mr. Smyth stated that it is approximately 150 feet. Mr. Hearn stated that he feels this application is a perfect example of why applicants should be encouraged to submit a PNRD (Planned Non -Residential Development) plan rather than a straight rezoning. He continued that with the PNRD (Planned Non - Residential Development) application, they can impose limiting conditions, and it ensures that the applicant will do what they say they are going to do. He stated that he has a hard time justifying a request for IL (Industrial, Light) zoning adjacent to residential uses. Mr. Hearn questioned if the applicant would be willing to submit a request for a PNRD (Planned Non -Residential Development). Mr. Smyth stated that he did not see the reason for it because the surrounding zonings are consistent with what they want to do, it is IL (Industrial, Light) surrounding it, and would not want to do change his request to a PNRD (Planned Non -Residential Development). Mr. Grande stated that after considering the testimony presented during the public hearing, including staff comments, and the Standards of Review as set forth in Section 11.06.03, St. Lucie County Land Development Code, I hereby move that the P&Z / LPA Regular Meeting February 19, 2004 Page 10 of 12 0 BfECT T� Zglum �'A �j�►ON APPROVAL COaA Planning and Zoning Commission recommend that the St. Lucie County Board of County Commissioners grant approval to the application of Harold H. Smyth, for a Change in Zoning from the AG-1 (Agricultural -1 du/acre) Zoning District to the IL (Industrial, Light) Zoning District because it is consistent with the future land use in the area. Motion seconded by Mr. Akins. Upon a roll call vote the motion was approved with a vote of 6-2 (with Ms. Hammer and Mr. Hearn voting against) and forwarded to the Board of County Commissioners with a recommendation of approval. P&Z / LPA Regular Meeting February 19, 2004 Page 11 of 12 M 0109 Nona `4,09 W= ST. LUCIE CPO BN C HEARRNG AGCOMMISSIONERS NDA March 2, 2004 rO WHOM IT MAY CONCERN: NOTICE is hereby given in accordance with Sec- tion 11.00.03 of the St. Lucie County Land Devel- opmelt Code and in accordance with the provi- sions of the St. Lucie County Comprehensive Plan, that the following applicants have requested that the St. Lucie County Board of Commissioners consider their following requests: HAROLD H. SMYTH, for a Change in Zoning from the AG-1 (Agricultural - 1 du/acre) Zoning Dist to the IL (Industrial, Light) Zoning District for the following described property: BEINGUTH EET OF THE FOLLOWING TDESCRIBED OF THE DPROPER TY: COMMENCE AT THE INTERSECTION OF STATE ROAD 68 (ALSO DESCRIBED AS ORANGE AVE- NUE) AND THE WEST LINE OF THE NORTHWES 1/4 OF THE SOUTHEAST 1/4 OF SECTION 12, SOUTH, RANGE 38 EAST: UN EASTNSHIP ALONGSTHE SOUTH RIGHT-OF-WAY LI E OF THE ABOVE -DESCRIBED STATE ROAD 68 FROM STATE ROAD68AND ECTION DTHE WESTF THE LINE INE OF TH LINE OF THE NORTHWEST 1/4 OF THE SOUTHEAST 144 OF SECT, TOWNSHIP 35 SOUTH, RAN 338 EASTID UN2EASTERLY ALONG THE SOUTTHH� THE POINT OF BEGINNING; THENCERIGHT-OF-WAY LINE 1000.00 FEECONDTINUE EASTERLY ON SAID SOUTH RIGHT-OF-WAY LINE N 89 ° 42' 02" E, A DISTANCE OF 302.57 FEET TO A POINT; THENCE RUN SOUTHERLY S 00 ° 25' 50" E, A DISTANCE OF 935 FEET TO A POINT; THENCE RUN WESTERLY ON A LINE S ° 42' 02" W, A DISTANCE OF 703.96 FEET TO POINT; THENCE RUN NORTHERLY ON A LINE N OD' 20' 45" W," A DISTANCE OF 460 FEET TO A POINT; THENCE RUN EASTERLY ON A LINE N 8 42' 02" E, A DISTANCE OF 400 FEET TO A POINT; THENCE RUN NORTH ON A LINE N 00 ° - HE POINT OFfBEGINNING, ALL OF SAID ELAN LT TO ANDS ING IN THE NORTHWEST 114 OF THE SOUTH - RANGE 38 EAST, ST. LUCEAST 1/4 OF SECTION IE COUNTY, FLORIDA, TOWNSHIP 35 UTM Location:West side of Trowbridge Road, approxi- mately 400 feet south of Orange Avenue Extelt sion. CARROLL AND JANET COLLINS, for a Change in Zoning from the RS-4 (Residential, Single-Famil - 4 du/acre) Zoning District to the RM-5 (Reside- ntial, Multiple -Family - 5 du/acre) Zoning Distrl for the following described property: (LOTS 2 AND 3, BLOCK B, HARMONY HEIGHTSI NO.5. ILocation:East side of North 44th Street, approxi- mately. 100 feet south of San Diego Avenue. PUBLIC HEARINGS will be held in the Commtssto Chambers, Roger Poitras Annex, 3rd Floor, St. Lu- cie County Administration Building, 23DO Virgins Avenue, Fort Pierce, Florida on March 2, 2004, be ginning at 6:00 P.M. or as soon thereafter as pos- sible. PURSUANT TO Section 286.0105, Florida Stetutea� if a person decides to appeal any decision made by a board, agency, or commission with respect to any matter considered at a meeting or hearing, he will need a record of the proceedings, and that, for such purposes, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony end evidence upon which the appeal is to be based. BOARD OF COMMISSIONERS ST. LUCIE COUNTY, FLORIDA /S/ Paula Lewis, CHAIR Publish: February 21, 2004 (� rA79QA In BOARD OF COUNTY COMMISSIONERS February 20, 2004 ST. COUNTY LUC1 E F L O R ,r 11.D A COMMUNITY DEVELOPMENT DIRECTOR In accordance with the St. Lucie County Land Development Code, you are hereby advised that HAROLD H. SMYTH has petitioned St. Lucie County for a Change in Zoning from the AG-1 (Agricultural - 1 du/acre) Zoning District to the IL (Industrial, Light) Zoning District for the following described property: Location: West side of Trowbridge Road, approximately 400 feet south of the intersection of Orange Avenue and Trowbridge Road. THE PROPERTY'S LEGAL DESCRIPTION IS AVAILABLE UPON REQUEST The second public hearing on the petition will be held at 7.00 P.M., or as soon thereafter as possible, on March 2, 2004, County Commissioner's Chambers, St. Lucie County Administration Building Annex, 2300 Virginia Avenue, Fort Pierce, Florida. All interested persons will be given an opportunity to be heard at that time. Written comments received in advance of the public hearing will also be considered. The County Planning Division should receive written continents to the Board of County Commissioners at least 3 days prior to a scheduled hearing. County policy discourages communication with individual County Commissioners on any case outside of the scheduled public hearing(s). You may speak at a public hearing, or provide written comments for the record. The proceedings of the County Commission are electronically recorded. If a person decides to appeal any decision made by the County Commission with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings. For such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date -certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at least forty-eight (48) hours prior to the meeting at (772) 462- 1777 or T.D.D. (772) 462-1428. If you no longer own property adjacent to the above -described parcel, please forward this notice to the new owner. Please call (772) 462-1960 if you have any questions, and refer to: File Number RZ-03-048. Sincerely, ST. LUCIE COUNTY BOARD OF COMMISSIONERS Paula Lewis, Chair JOHN D. BRUHN, District No. 1 • DOUG COWARD, District No. 2 • PAULA A. LEWIS, District No. a • FRANNIE HUTCHINSON, District No. 4 • CLIFF BARNES, District No. 5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue • Fort Pierce, FL 34982-5652 Administration: (772) 462-1590 • Planning: (772) 462-2822 GIS/Technical Services: (772) 462-1553 Economic Development: (772) 462-1550 Fax: (772) 462-1581 Tourist/Convention: (772) 462-1529 • Fax: (772) 462-2132 www.co.st-lucie.fl.us M M PLANNING & ZONING COMMISSION REVIEW: 2/19/04 RZ-03-048 COMMUNITY DEVELOPMENT DEPARTMENT (Planning Division) MEMORANDUM TO: Planning and Zoning Commission FROM: Planning Manager DATE: February 10, 2004 SUBJECT: Application of Harold H. Smyth for a change in zoning from the AG-1 (Agricultural — 1 du/acre) zoning district to the IL (Industrial Light) zoning district. (File No.: RZ-03-048) LOCATION: West side of Trowbridge Road, approximately 400 feet south of the intersection of Orange Avenue and Trowbridge Road. EXISTING ZONING: AG-1 (Agricultural - 1 du/acre) PROPOSED ZONING: IL (Industrial Light) FUTURE LAND USE: MXD-Orange Avenue West (Mixed Use — Orange Avenue West — SU COM/IND) PARCEL SIZE: 1.05 acres PROPOSED USE: The purpose of the requested change in zoning is to make property more consistent with the surrounding growth and to allow the development of a contractor's office. PERMITTED USES: Section 3.01.03(T), IL (Industrial Light) identifies the designated uses, which are permitted by right, permitted as an accessory use, or permitted through the conditional use process in the IL (Industrial Light) Zoning District. Any use designated as a "Conditional Use" is required to undergo further review and approval. Any use not identified in the zoning district regulations is considered to be a prohibited use in that district (see Attachment "A"). SURROUNDING ZONING: IL (Industrial Light) zoning district surrounds the property to the north and vfrest; CG (Commercial General) zoning is located to the west and northwest; AG-1 (Agricultural — 1 du/acre) zoning district surrounds the petitioned property to the south. February 10, 2004 Harold H. Smyth Page 2 File No.: RZ-03-048 SURROUNDING LAND USES: The property to the north, south, east and west is designated with a MXD — Orange Avenue West — SU (COM/IND) future land use designation. The surrounding uses are primarily general industrial in nature to the north, east and west and residential to the south. FIRE/EMS PROTECTION: Fire Station Number 11 (3501 Shinn Road) is located approximately 3'/2 miles to the southwest. UTILITY SERVICE: The subject property will be provided water through an onsite well and sewer services through an onsite septic system. The subject property is located outside of the existing urban service boundary for St. Lucie County. TRANSPORTATION IMPACTS RIGHT-OF-WAY ADEQUACY: Orange Avenue west of Kings Highway is a county owned roadway facility with a 100-foot right-of-way width; Trowbridge Road is a county owned and maintained roadway facility with a 55-foot right-of-way width. SCHEDULED IMPROVEMENTS: An additional five -feet of right-of-way for Trowbridge Road will need to be dedicated as part of any site plan approval. TYPE OF CONCURRENCY DOCUMENT REQUIRED: Concurrency Deferral Affidavit. STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for the proposed rezoning, the Planning and Zoning Commission shall consider and make the following determinations: 1. Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie County Land Development Code; M M February 10, 2004 Page 3 Harold H. Smyth File No.: RZ-03-048 The applicant is requesting a change in zoning from the AG-1 (Agricultural — 1 du/acre) zoning district to the IL (Industrial Light) Zoning District. The area in which the subject property is located is currently utilized for light industrial uses with interspersed commercial uses. The stated purpose of this change in zoning is to allow for the development of a contractors office. The subject property located on the west side of Trowbridge Road, approximately 400 feet south of the intersection of Orange Avenue and Trowbridge Road. Trowbridge Road is a county owned and maintained north/south roadway facility. The IL (Industrial Light) Zoning District has been determined to be an acceptable zoning district within the MXD Orange Avenue West (Mixed Orange Avenue West (SU — COM/IND)) future land use designation. 2. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; Table 1.6 of the Future Land Use Element, Data and Analysis, indicates those zoning classifications allowed under the MXD (Mixed Use) Future Land Use Designation. According to this table, the IL (Industrial Light) Zoning District is considered to be acceptable within the areas designated with a Future Land Use Classification of IND (Industrial). Policy 1.1.7.3 designates the Mixed Use activity areas, according to this Policy the subject property is located within the Mixed Use — West Orange Mixed Use Activity Area, found on Figure 1-10J. According to this figure, the subject property is designated with a SU — COM/IND uses. SU (COM/IND) means that the uses within this zone are restricted to those that would be equivalent to the IND, COM, T/U or the P/F land uses designations as described in the future land use element of the Comprehensive Plan. Policy 1.1.1.1 of the Future Land Use Element indicates that the maximum intensity that can be constructed for the MXD (Mixed Use Development) future land use designation is 40% — 50% of the site by building. 3. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; The proposed zoning district is considered to be consistent with existing and proposed future land use designations in the area. The surrounding properties to the north, south, east and west are designated with a MXD — West Orange Avenue future land use designation. The property located to the north, northwest and east are being utilized for general industrial uses further to the west is commercial uses, to the south is a residential unit. The permitted uses in the IL (Industrial Light) Zoning District are not expected to unduly impact the surrounding area or uses. 9M M February 10, 2004 Harold H. Smyth Page 4 File No.: RZ-03-048 4. Whether there have been changed conditions that require an amendment; Conditions have changed so as to require an amendment. The general character of the surrounding area is primarily general industrial uses with interspersed commercial uses. The applicant's request would continue this more intense industrial development adjacent to Orange Avenue and Trowbridge Road. 5. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether or to the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical facilities; The intended use for this rezoning is not expected to create significant additional demands on any public facilities in this area. Orange Avenue, west of Kings Highway, is a county -owned and maintained facility with a right-of-way width of 100 feet. At this time, Orange Avenue, west of Kings Highway is not slated for any improvements. Orange Avenue, east of Shinn Road is a 2-lane facility that operates at a LOS A. Based upon the Spring 2003 traffic counts for St. Lucie County this segment of roadway has a capacity of 18,900 daily trips. Currently 4,300 trips are committed leaving 14,600 daily trips available. Therefore, sufficient capacity is available on Orange Avenue to meet the demands of this project. Trowbridge Road south of Orange Avenue is a 55-foot county owned and maintained right-of-way. This roadway facility does not have sufficient right-of-way, therefore at the time of site plan approval for any development on this site an additional five feet of right- of-way will be required to be dedicated to the County. The subject property is located outside of the existing urban service boundary for St. Lucie County. At this time, this property is not located within the proposed service delivery area of any municipal provider. Therefore, onsite well and septic system will be used for water and sewer 6. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The proposed amendment is not anticipated to create adverse impacts on the natural environment. The existing property has been cleared. Previously, the property was highly impacted with exotic vegetation. The applicant/property owner will be required to comply with all federal, state, and local environmental regulations as part of any submitted development plans for the site. n In February 10, 2004 Harold H. Smyth Page 5 File No.: RZ-03-048 7. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specifically identifying any negative affects of such patterns; An orderly and logical development pattern will occur with this change in zoning for the subject property. The subject property has been designated for industrial uses within the St. Lucie County Future Land Use Map. 8. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this Code; The proposed change in zoning for the subject property would not be in conflict with the public interest and is in harmony with the purpose and intent of the St. Lucie County Land Development Code. COMMENTS The petitioner, Harold H. Smyth, has requested this change in zoning from the AG-1 (Agricultural — 1 du/acre) zoning district to the IL (Industrial Light) Zoning District in order to develop the property into a contractor's office. The subject property is located on the west side of Trowbridge Road, approximately 400 feet south of the intersection of Orange Avenue and Trowbridge Road. The subject property is in an area designated for Commercial and Industrial uses within the MXD — West Orange Avenue Activity Area within the Comprehensive Plan as being compatible with or for the IL (Industrial Light) Zoning District. Attached is a copy of Section 3.01.03(T) — IL (Industrial Light), of the St. Lucie County Land Development Code, which delineates the permitted, accessory and conditional uses allowed in the IL (Industrial Light) Zoning District. If the change in zoning request were approved, the applicant, by right, would be allowed to establish any of the uses under the Permitted Uses section. Any use under the Accessory Uses section would be allowed only if one or more of the permitted uses exist on the subject property. Any use under the Conditional Uses section could only be allowed if it first receives approval through the Board of County Commissioners. Staff has reviewed this petition and determined that the proposed petition conforms to the Standards of Review as set forth in the St. Lucie County Land Development Code and is not in conflict with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. Staff recommends that you forward this petition to the Board of County Commissioners with a recommendation of approval of the petitioner's request for a change in zoning from the AG-1 (Agricultural 1 du/acre) zoning district to the IL (Industrial Light) zoning district. Please contact this office if you have any questions on this matter. cs cc: Harold A. Smyth File H:\wp\rezoning\Trowbridge - Smyth\sm ith. rezone. 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AGA 2 Section 3.01.03 Zoning District Use Regulations ZONING DISTRICTS AGRICULTURAL -I Purpose The purpose of this district is to provide and protect an environment suitable for productive commercial agriculture, together with such other uses as may be necessary to and compatible with productive agricultural surroundings. Residential densities are restricted to a maximum of one (1) dwelling unit per gross acre. The number in "()" following each identified use corresponds to the SIC code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC code but may be further defined in Section 2.00.00 of this Code. Permitted Uses a. Agricultural production - crops (w) b. Agricultural production - livestock & animal specialties (02) C. Agricultural services roe) d. Family day care homes. (m) e. Family residential homes provided that such homes shall not be located within a radius of one thousand (1,000) feet of another existing such family residential home and provided that the sponsoring agency or Department of Health and Rehabilitative Services (HRS) notifies the Board of County Commissioners at the time of home occupancy that the home is licensed by HRS. (999) f. Fishing, hunting & trapping (09) g. Forestry (oe) h. Kennels. (0752) i. Research Facilities, Noncommercial (e733) j. Riding stables. (7999) k. Single-family detached dwellings. (999) 3. Lot Size Requirements Lot size requirements shall be in accordance with Table 1 in Section 7.04.00. 4. Dimensional Regulations Dimensional requirements shall be in accordance with Table 1 in Section 7.04.00. 5. Off-street Parking and Loading Requirements Off-street parking and loading requirements are subject to Section 7.06.00. 6. Landscaping Requirements Landscaping requirements are subject to Section 7.09.00. 7. Conditional Uses a. Agricultural labor housing. (sue) Adopted August 1, 1990 94 Revised Through 08/01/00 in Section 3.01.03 Zoning District Use Regulations b. Aircra.z storage and equipment maintenance. (4581) C. Airports and flying, landing, and takeoff fields. (4591) d. Family residential homes located within a radius of one thousand (1,000) feet of another such family residential home. (999) e. Farm products warehousing and storage. (4221/4222) f. Gasoline service stations. (smi) g. Industrial wastewater disposal. (m) h. Manufacturing: (1) Agricultural chemicals (zee) (2) Food & kindred products (p) (3) Lumber & wood products, except furniture (24) i. Mining and quarrying of nonmetalic minerals, except fuels. (14) j. Retail trade: (1) Farm equipment and related accessories. (999) (2) Apparel & accessory stores. (56) k. Sewage disposal subject to the requirements of Section 7.10.13. (999) I. Telecommunication Towers - subject to the standards of Section 7.10.23 (999) M. Camps - sporting and recreational. (7032) 8. Accessory Uses Accessory uses are subject to the requirements of Section 8.00.00, and include the following: a. Mobile homes subject to the requirements of Section 7.10.05. b. Retail trade and wholesale trade - subordinate to the primary authorized use or activity C. Guest house subject to the requirements of Section 7.10.04. (m) Adopted August 1, 1990 95 Revised Through 08/01/00 n En T. IL 2. INDUSTRIAL LIGHT Section 3.01.03 Zoning District Use Regulations Purpose The purpose of this district is to provide and protect an environment suitable for light manufacturing, wholesale, and warehousing activities that do not impose undesirable noise, vibration, odor, dust, or other offensive effects on the surrounding are, together with such other uses s may be identifiedecssary u e to and compatible with light industrial surroundings. The number in () 9 each ies corresponds to the SIC under heereference described in Section SIC ode but may befurtherdeft ed in (Sect on 2 00 00 ofB). The number gth s colto de. a use not defined Permitted Uses a. Business services (73) b. Communications - including telecommunication towers - subject to the standards of Section 7.10.23 (4e) C. Construction services: (1) Building construction - general contractors (15) (2) Other construction - general contractors (1e) (3) Construction - special trade contractors on d. Engineering, architectural and surveying services (e71) e. Commercial fishing (091) f. Laundry, cleaning & garment services vs+) g. Local & suburban transit (41) h. Manufacturing: (1) Food and kindred products (2o) (2) Tobacco products (21) (3) Textile mill products (22) (4) Apparel & other finished products (23) (5) Furniture & fixtures (2s) (6) Printing, publishing and allied industries (27) (7) Drugs (2e3) (g) Leather & leather products (31) (9) Glass: (a) Flat glass (321) (b) Glass & glassware - pressed or blown cm) (c) Glass products - made of purchased glass (323) (10) Fabricated metal prod. - except machinery & transport. equip.: (a) Metal cans & shipping containers (341) (b) Cutlery, handtools & general hardware (342) (c) Heating equipment, except electric and warm air, and plumbing fixtures (343> (d) Fabricated structural metal products (344) (e) Coating, engraving & allied services (347) (17 Miscellaneous fabricated metal products - (1) Wire products (3495) (2) Misc. fabricated wire products (3496) (3) Metal foil & leaf (m97) (4) Fabricated metal products - NEC (3499) (11) Industrial/commercial machinery & computer equipment: (a) Metalworking machinery & equipment (354) Adopted August 1, 1990 121 Revised Through 08/01/00 M M Section 3.01.03 Zoning District Use Regulations (b) Special industry machinery, except metalworking machinery (ass) (c) General industrial machinery & equipment (3s6) (d) Computers & office equipment (357) (12) Electronic & other electrical equipment and components, except computer equipment: (a) Household appliances (3w) (b) Electric lighting & wiring equipment (3ea) (c) Household audio & video equipment (3e5) (d) Communications equipment (3s6) (e) Electronic components & accessories (367) (0 Misc. electrical machinery equipment & supplies (369) (13) Measuring, analyzing and controlling instruments (3e) (14) Photographic, medical and optical goods (3e) (15) Watches & clocks (39) (16) Misc. manufacturing industries: (a) Jewelry, silverware, and platedware. (391) (b) Musical instruments and parts. (393) (c) Dolls, toys, games & sporting goods (394) (d) Pens, pencils, & other office & artists' materials. (395) (e) Costume jewelry, costume novelties, and notions. (39s) (f) Brooms and brushes. (3991) (g) Signs and advertising displays. (3993) (h) Morticians goods. (3m) (i) Manufacturing industries, NEC. (3999) (17) Plastic products - fabrication, molding, cutting, extrusion, and injection processing. (30e) i. Marinas (4493) j. Millwork and structural wood members. (243) k. Motion pictures (7e) I. Motor freight transportation & warehousing. (42) M. Repair services: (1) Automotive & automotive parking (7s) (2) Electrical (762) (3) Watch, clock & jewelry repair (763) (4) Reupholstery & furniture repair (7e4) (5) Misc. repairs & services (769) n. Retail trade: (1) Lumber & other building materials (521) (2) Paint, glass & wallpaper (523) (3) Hardware (52s) (4) Nurseries, lawn & garden supplies (52e) (5) Mobile home dealers (sr) (6) Automotive/boat/RV/motorcycle dealers (ss) (7) Gasoline service (ss) (8) Furniture & furnishings (s7,) ' o. Research, development, and testing services. (e73) P. Ship, boat building & repairing - less than forty-five (45) ft. (373) q. Sorting, grading & packaging services - citrus/vegetables (0723) r. Vocational Schools (e24) S. Wholesale trade - durable goods: Adopted August 1, 1990 122 Revised Through 08/01/00 n M Section 3.01.03 Zoning District Use Regulations (1) Motor vehicle and automotive equipment. (sot) (2) Furniture and home fumishings.(502) (3) Lumber and other building materials. (503) (4) Professional & commercial equipment/supplies. wo (5) Metals & minerals except petroleum. (sos) (6) Electrical goods. (sos) (7) Hardware, plumbing and heating equipment, and supplies. (so>> (8) Machinery, equipment, and supplies. (soe) (9) Misc. durable goods: (a) Sporting and recreational goods (so91) (b) Toys & hobby goods (so92) (c) Jewelry, watches, precious stones & metals. (soN) (d) Durable goods NEC (so99) t. Wholesale trade - nondurable goods: (1) Paper and paper products. (511) (2) Drugs (612) (3) Dry goods and apparel. (513) (4) Groceries and related products. (514) (5) Farm products - raw materials. (51s) (6) Chemicals, and allied products. (m) (7) Beer, wine, and distilled alcoholic beverages. we) (8) Misc. nondurable goods: (a) Farm supplies (s191) (b) Books, periodicals & newspapers (5192) (c) Flowers, nursery stock & florists' supplies (5193) (d) Tobacco/tobacco products (5194) (e) Paints, varnishes & supplies (s19e) (f) Nondurable goods, NEC (s199) U. Mobile food vendors (999) V. Single family detached dwelling units provided that the single family dwelling unit is located on an existing lot or parcel or record, as further defined in this code, that was existing on or before August 1, 1990. (999) 3. Lot Size Requirements Lot size requirements shall be in accordance with Section 7.04.00. 4. Dimensional Regulations Dimensional requirements shall be in accordance with Section 7.04.00. 5. Offstreet Parking and Loading Requirements Offstreet parking and loading requirements areusubject to Section 7.06.00. 6. Landscaping Requirements Landscaping requirements are subject to Section 7.09.00. Adopted August 1, 1990 123 Revised Through 08/01/00 n M Section 3.01.03 Zoning District Use Regulations 7. Conditional Uses a. Airports, landing and takeoff fields - general aviation (4581) b. Manufacturing: (1) Cut stone and stone products. (328) (2) Motorcycles, bicycles, and parts. (37s) (3) Wood containers, wood buildings and mobile homes. (244/245) C. Ship, boat building & repairing (excluding ship or boat salvaging) - Forty-five (45) to one - hundred fifty (150) ft txm) d. Wholesale: (1) Petroleum bulk stations and terminals. e. Scrap and waste materials - subject to the provisions of Section 7.10.12.A. 8. Accessory Uses Accessory uses are subject to the requirements of Section 8.00.00 and include the following: a. Co -generation facilities. (m) b. Fueling facilities. (m) C. Industrial wastewater disposal. (m) d. One detached single-family dwelling or mobile home for on -site security purposes per property. (m) e. Retail trade accessory to the primary manufacturing or wholesaling use. (m) } Adopted August 1, 1990 124 Revised Through O8/01/00 AGENDA - PLANNING & ZONING COMMISSION February 19, 2004 7.00 P.M. HAROLD H. SMYTHhas petitioned St. Lucie Countyfora Change in Zoningfrom the AG I (Agricultural - I du/acre) ZoningDistrict to the IL (Industrial, Light) ZoningDistnctfor the following describedproperty: Location: West side of Trowbridge Road, approximately 400 feet south ofthe intersection ofOrarge Avenue Extension and Trowbridge Road. Please note that all proceedings before the Planmi ugand Zoning Commission/Local Planning Agency are electronically rcc orded. Ifa person decides to appeal any decision made by the Planning and Zoning Commission/Local PlanningAgency with respect to anymatter considered atsuch meeting or hearing, he will need a record of the proceedings, and that, for such purposes, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifyingduringa hearing will be sworn in. Anyparty to the proceeding will be granted an opportunity to cross-examine any individual testifying during a hearing upon request. Written comments received in advance of the public hearing will also be considered Prior to this public hearing, notice of the same was sent to all adjacent property owners February 9, 2004. Legal notice was published in The News and The Tribune, newspapers ofgeneral circulation in St. Lucie County, on February 5, 2004. 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H Zy.. ¢ W O ¢J ~ F C yWt/l 10 } O Z<W VoW <U3U U yyr�� U J ii { <<% O Z LL2 y y U, 9 oW QJ z2w Xr moe d Z. i W Y YOw g g=•Coe. <20°`Q�OLL 2LL'�-<U- <OWO< WW yaoC 2 <OM Zmw¢iZ=3 • Z° ZWW m f U H LOyy-QQL �yG y._. �e .0 U'10 Q¢¢ 0<rOy LL}Q} W LL 3� W"' Sd <WWfO¢{�LL}01<pW�W�OW wpV~ �f Z 5 H O F < J �y 2 xr W UppO�-x F¢ oJm t0 �a a 3ti J 8 Oyg■ VJQ f7 yr82�I 4OfQLLt002Z¢z UZ° � JC F-u' ui y<y! <ooyo ¢ O��jy .. �O._• 0 «-ic ui ZN 1y yy�¢¢¢O<O 1-F ZW O� C (j O W {LZ x HZW<H H-LU N OFk rr• FNr F Ur Ow E'JS C�CO 2rOW¢(/F�T FVZ�QyN�OZ eye ¢Y 2W.., �QWO3~HOy WyW�Zy Z WW epo�y`e Z�za2_ y OY L. 60CUE OL0 �MOOw WoZQV<°mmQyz�LL Z010 O 7_ y �11111LL77777 O <rr0. .'O. W� OOOV oLL¢LLSLL OQ-LL06eVV �O�o O04 ' 0 Z O•as..0 Z N mJ�O.J WO}UGHWCD.¢O aUON o J 2 U. U¢2�i OLLOi-Oe°�i¢O.WJ O.N n M BOARD OF COUNTY COMMISSIONERS February 9, 2004 7 ST. LUCI E COUNTY F L O. R 1 D A COMMUNITY DEVELOPMENT DIRECTOR In accordance with the St. Lucie County Land Development Code, you are hereby advised that HAROLD H. SMYTH, has petitioned St. Lucie County for a Change in Zoning from the AR-1 (Agricultural, Residential - 1 du/acre) Zoning District to the IL (Industrial, Light) Zoning District for the following described property: Location: West side of Trowbridge Road, approximately 400 feet south of the intersection of Orange Avenue Extension and Trowbridge Road. THE PROPERTY'S LEGAL DESCRIPTION IS AVAILABLE UPON REQUEST The first public hearing on the petition will be held at 7.00 P.M., or as soon thereafter as possible, on February 19, 2004, County Commissioner's Chambers, St. Lucie County Administration Building Annex, 2300 Virginia Avenue, Fort Pierce, Florida. All interested persons will be given an opportunity to be heard at that time. Written comments received in advance of the public hearing will also be considered. The County Planning Division should receive written comments to the Planning and Zoning Commission at least 3 days prior to a scheduled hearing. County policy discourages communication with individual Planning and Zoning Commission and County Commission on any case outside of the scheduled public hearing(s). You may speak at a public hearing, or provide written comments for the record. The proceedings of the Planning and Zoning Commission are electronically recorded. If a person decides to appeal any decision made by the Planning and Zoning Commission with respect to any matter considered at such meeting or hearing, he will need a record of the proceedings. For such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceeding, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross- examine any individual testifying during a hearing upon request. If it becomes necessary, a public hearing may be continued to a date -certain. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at least forty-eight (48) hours prior to the meeting at (772) 462- 1777 or T.D.D. (772) 462-1428. If you no longer own property adjacent to the above -described parcel, please forward this notice to the new owner. Please call (772) 462-1960 if you have any questions, and refer to: File Number: RZ-03-048. Sincerely, ST. LUCIE COUNTY PLANNING AND ZONING COMMISSION Carson McCurdy, Chairman JOHN D. BRUHN, District No. 1 - DOUG COWARD, District No. 2 - PAULA A. LEWIS, District No. 3 - FRANNIE HUTCHINSON, District No. 4 - CLIFF BARNES, District No. 5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue • Fort Pierce, FL 34982-5652 Administration: (772) 462-1590 • Planning: (772) 462-2822 • GIS/fechnical Services: (772) 462-1553 Economic Development: (772) 462-1550 • Fax: (772) 462-1581 Tourist/Convention: (772) 462-1529 • Fax: (772) 462-2132 www.co.st-lucie.fl.us m 9 Cl) GO m r r V' fD M W& NtgNNNCONN aO�Taadet0) N U) Lf) Lc) N )C) LO U') LO Lf) Cp N 0 C W 0) 0) C) O lVC.)�AirAirNiAcA+ Ac ordirmic irairNir�im d C LL LL LL LL LL LPL LL U. LL LL LL LL LL lU- 0 N c c d o U U ` U U U U L 0 c L G1 a) m m m G) N 'a a) L c 0 V d m 'a 'a 'n. 'aa a a m° N a0ir rrrrrrr id Gd a 0 U- 2 ll ll LL 11 11 IL lL lL i 0 U cic - c 0. Q > Q Q I Q U 0> _ L 0 N m a) d a) a) m rb a 0a L' ` E CO N N a c O1 OD M a c Ol cm c l0 CD C l` C 3 c f` L 20 L c m V L .. N N 'c U aZO o00000 o0 co 00vZ * 0 1. w_'nq� 0§§§ --- z�n—r,— Cnc� a00rr2i0GRowV— mo N z d Mn o r 0 a) c a) r- a) cc L Gc, U O o U 0 U N4E ca a) Cd Z L 02 a r 3U U cA ¢ o —W W y°,L c N tD U p co 7 C`O LL� L .tl wYOC�¢U U3 6 Qo c 'c U c � y U _c _d C C � J 7-+ cc L m f`J m m r m a N a) a) a) a) Cmcam c3o3000>Uw�na3� co 0 m— la 3 p0 O O O O CV S �Cp\Jpp S O ON OL� pp� O N N v v Fl v N N N N N_y cv N v v N N NNN N N N [roNNLUNNNNNNNNNNNN NN_ NN_ NN_ �— NN_ NN NN_ k AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): ENGINEERING DIVISION (4115) ITEM NO. 54 DATE: March 2, 2004 REGULAR [ ] PUBLIC HEARING [X] CONSENT[ ] PRESENTED BY: / "dad "/a-, / - 'Michael V. Powley, P.E. County Engineer SUBJECT: Request for Florida Rock Mine — North Plant to increase their hors for crushing operations from 6:00 A.M. — 6:00 P.M. to 4:00 A.M. — 12:00 A.M. This will be handled as an addendum to the existing mining permit. BACKGROUND: The Florida Rock Mine — North Plant is located in southern St. Lucie County between Glades Cutoff Road and Range Line Road. They are operating under an existing 20-year permit which was approved on October 1, 1984. Due to the strong market demands for their product, the permittee has requested permission to increase their hours for crushing operations from 6:00 A.M. — 6:00 P.M. to 4:00 A.M. — 12:00 A.M. This proposed Board action will not alter their permit expiration date of October 1, 2004. Any extension beyond this date must be approved by the Board at a later date. On January 7, 2003 the Board gave permission to schedule a public hearing on this request for February 4, 2003. The Board asked staff to review the Noise and Vibration Ordinance and to verify the permittee was in compliance. The study has been completed. The permittee initially decided to postpone the Public Hearing in order to incorporate the study results into a new 20-year permit. However, the market demands havf prompted this short-term extension request. FUNDS AVAILABLE: N/A PREVIOUS ACTION: October 1, 1984: Board approved a Class II Permit for a period of 20 years. January 7, 2003: Board approved the scheduling of a public hearing to be held on February 4, 2003. This Public hearing never took place. January 27, 2004: Board approved the scheduling of a public hearing to be held on March 2, 2004. RECOMMENDATION: Staff recommends Board approval for Florida Rock Mine — North Plant to increase their hours for crushing operations from 6:00 A.M. — 6:00 P.M. to 4:00 A.M. — 12:00 A.M. under the existing permit subject to the following special conditions: 1. Prior to the commencement of any mining -related operations, approval from all other regulatory agencies shall be submitted to the County Engineer. 2. Pursuant to Section 378.802, Florida Statutes, the mine operator must notify the Executive Director of the Florida Department of Environmental Protection, Bureau of Mine Reclamation, Innovation Park, 2051 East Dirac Dr., M Tallahassee, Florida, 32310, (904) 488-8217 before any new surface area is disturbed. , 3. Violations of the mining permit or mining plan are subject to permit revocation by the Board of County Commissioners and/or subject to a fine of $250 per violation and an additional $100 per day for each day that the violation is not brought into compliance. 4. Adherence to all noise and vibration ordinances that were in effect at the time of original approval is required. The noise and vibration ordinance may be modified if noise complaints are received. 5. All other conditions of the existing permit will remain. COMMISSION ACTION: APPROVED [ ] DENIED [ ] OTHER Approved 5-0 �9/ [x] County Attorney ]XJ Env. Res. Div. (Check for copy on(, if plic ble) Motion to continue the public hearing to April 6, 2004 for more information. Staff directed to present Commission with copy of complaint history and to re -notify surrounding landowners of Proposed changes. CONCU NCE: ZZ Lvdias Anderson County Administrator [ ] Mgt. & Budget [x] Originating Dept. Public Works N + [ ] Budget & Rev. Coor. [ ] Community Development n E5 COMMISSION REVIEW: March 2, 2004 Background: On January 27, 2004, the Board authorized staff to schedule a public hearing on the above mining application. Attached you will find a copy of the public notice advertised in the newspaper and the notice mailed to the adjacent property owners. The existing mining area, known as Florida Rock Mine — North Plant, is located in southern St. Lucie County (S 15, 22, & 23/T37S/R38E) between Glades Cutoff Road and Range Line Road. Florida Rock is seeking to increase their hours for crushing operations from 6:00 A.M. — 6:00 P.M. to 4:00 A.M. — 12:00 A.M. This proposed Board action will not alter their permit expiration date of October 1, 2004. Any extension beyond this date must be approved by the Board at a later date. The original permit was approved by the Board on October 1, 1984 for a period of 20 years. The proposed operation will increase the hours of crushing operation only. All the other conditions of the existing permit will remain in effect until the permit expires. To date, there has been two complaints through the Engineering Division regarding this mining operation. Staff recently visited the site and found the existing operations to be in conformance with the original permit issuance. CONDITIONS: 1. Prior to the commencement of any mining -related operations, approval from all other regulatory agencies shall be submitted to the County Engineer. 2. Pursuant to Section 378.802, Florida Statutes, the mine operator must notify the Executive Director of the Florida Department of Environmental Protection, Bureau of Mine Reclamation, Innovation Park, 2051 East Dirac Dr., Tallahassee, Florida, 32310, (904) 488-8217 before any new surface area is disturbed. 3. Violations of the mining permit or mining plan are subject to permit revocation by the Board of County Commissioners and/or subject to a fine of $250 per violation and an additional $100 per day for each day that the violation is not brought into compliance. 4. Adherence to all noise and vibration ordinances that were in effect at the time of original approval is required. The noise and vibration ordinance may be modified if noise complaints are received. 5. All other conditions of the existing permit will remain. ort Pierce Q orth ' Pit Lo Aerial Photo Dat : 8 ct� Boundary Mining Limits ture Mining Area r n M BOARD OF COUNTY COMMISSIONERS PUBLIC WORKS DEPARTMENT February 17, 2004 In compliance with the provisions of the St. Lucie County Land Development Code, you are hereby advised that Florida Rock Industries, Inc., has petitioned the Board of County Commissioners to review and approve a mining permit for the following described property: MINING AREA Those parcels of land located in Section 15, 22, and 23, Township 37 South, Range 38 East, St. Lucie County, Florida, described as follows: PARCEL I: That part of said Section 15 lying South and East of the Florida East Coast Railroad right-of-way less and except the following: (1) The land conveyed to Florida Power and Light Company by deed recorded in Official Records Book 202, Page 2544, Public Records of St. Lucie County, Florida (the land described in said deed is hereinafter referred as "Florida Power and Light Company Right -of -Way"). (2) The land lying within 165 feet of the Southeasterly boundary of the Florida Power and Light Company Right -of -Way. (3) The land lying within 950 feet of the West line of said Section 15. (4) The land described as follows: Begin at the Southeast corner of said Section 15, from the Point of Beginning thus described, run Northerly along the East line of Section 15 a distance of 4500 feet more or less to the point of intersection of the East line of Section 15 with a line lying 165 feet Southeasterly from and parallel with the Southeasterly boundary of the Florida Power and Light Company Right -of - Way; thence run Southwesterly along said line lying 165 feet Southeasterly from and parallel with the Southeasterly boundary of the Florida Power and Light Right -of -Way, a distance Of 1600 feet; thence run Southeasterly a distance of 3500 feet, more or less, to a point lying on the South line of Section 15 and 165 feet Westerly of the Southeast corner of said Section 15; thence run Easterly along said South line a distance of 165 feet to the Southeast corner of Section 15 and the Point of Beginning. PARCEL II: All of said Section 22 less and except therefrom the following: (1) That land described in Parcel I above as the Florida Power and Light Company Right -of -Way. (2) That land lying within 200 feet of the Easterly boundary of the Florida Power and Light Company Right -of -Way. (3) The South 165 feet of said Section 22. (4) The East 165 feet of the North 165 feet of said Section 22. PARCEL III: The West half of the Southwest quarter of said Section 23, less and except the South 165 feet thereof; and the West half of the West half of the Northwest quarter of said Section 23, less and except the North 165 feet thereof. A public hearing on the petition will be held at 7:00 P.M. (or as soon thereafter as possible), on Tuesday, March 2, 2004, in the St. Lucie County Administration Building, 3rd Floor Annex, 2300 Virginia Avenue, Fort Pierce, Florida. All interested persons will be given an opportunity to be heard at said hearing. Written comments received in advance of the public hearing will also be considered. If you have any questions, please contact Michael Powley, P.E., County Engineer, at (772) 462-1707. Sincerely, ST. LUCIE COUNTY Michael Powley, County E ineer JOHN D. BRUHN, District No. 1 - DOUG COWARD, District No. 2 - PAULA A. LEWIS, District No. 3 - FRANNIE HUTCHINSON, Disrrict No. 4 - CLIFF BARNES, District No. 5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue - Ft. Pierce, FL 34982 Public Worlss: (772) 462-1485 - FAX (772) 462-2362 Division of Engineering: (772) 462-1707 Fox 462-2362 - Division of Rood b Bridge: (772) 462-2511 FAX 462-2363 Division of solid Waste: (772) 462-1768 FAX 462-6987 Division of Building b Inspections: (772) 462-1553 Fox 462-1735 • TDD (772) 462-1428 www.co.st-lucie.fl.us n NOTICE NOTICE IS HEREBY GIVEN that the Board of County Commissioners of St. Lucie County, will at 7:00 P.M. (or as soon thereafter as possible), on Tuesday, March 2, 2003, in the St. Lucie County Administration Building, 3rd Floor Annex, 2300 Virginia Avenue, Fort Pierce, Florida, hold a public hearing on the petition of Florida Rock Industries, Inc., to grant a mining permit on the following described land in St. Lucie County, Florida, to wit: MINING AREA Those parcels of land located in Section 15, 22, and 23, Township 37 South, Range 38 East, St. Lucie County, Florida, described as follows: PARCEL I: That part of said Section 15 lying South and East of the Florida East Coast Railroad right-of-way less and except the following: (1) The land conveyed to Florida Power and Light Company by deed recorded in Official Records Book 202, Page 2544, Public Records of St. Lucie County, Florida (the land described in said deed is hereinafter referred as "Florida Power and Light Company Right -of -Way"). (2) The land lying within 165 feet of the Southeasterly boundary of the Florida Power and Light Company Right -of -Way. (3) The land lying within 950 feet of the West line of said Section 15. (4) The land described as follows: Begin at the Southeast corner of said Section 15, from the Point of Beginning thus described, run Northerly along the East line of Section 15 a distance of 4500 feet more or less to the point of intersection of the East line of Section 15 with a line lying 165 feet Southeasterly from and parallel with the Southeasterly boundary of the Florida Power and Light Company Right -of -Way; thence run Southwesterly along said line lying 165 feet Southeasterly from and parallel with the Southeasterly boundary of the Florida Power and Light Right -of -Way, a distance Of 1600 feet; thence run Southeasterly a distance of 3500 feet, more or less, to a point lying on the South line of Section 15 and 165 feet Westerly of the Southeast corner of said Section 15; thence run Easterly along said South line a distance of 165 feet to the Southeast corner of Section 15 and the Point of Beginning. PARCEL II: All of said Section 22 less and except therefrom the following: (1) That land described in Parcel I above as the Florida Power and Light Company Right -of -Way. (2) That land lying within 200 feet of the Easterly boundary of the Florida Power and Light Company Right -of -Way. (3) The South 165 feet of said Section 22. (4) The East 165 feet of the North 165 feet of said Section 22. PARCEL III: The West half of the Southwest quarter of said Section 23, less and except the South 165 feet thereof, and the West half of the West half of the Northwest quarter of said Section 23, less and except the North 165 feet thereof. The required mining plan is on file in the County Engineering Division, Room 229, 2nd Floor Annex, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida. All interested persons will be given an opportunity to be heard at said hearing. Written comments received in advance of the public hearing will also be considered. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY Paula Lewis, Chair PUBLISH: February 17, 2004 PROOF AND BILL: Board of County Commissioners, St. Lucie County m en N NNNON ft NNNNNNNN 1t 4 rOOOd NYY ,Y♦OIIN ��NNvN�NaNvNvNxNxirNNx mv N�NyNjnb Y7^ l�Y am'^+ 'O� W f NOI - a�bI: 10NNN�DNNvg P O,$OxIx�mx a mOOrnO OO ayT"yTN ROOONNd M xxxixxn A wfix xNir�mvq 'Ifi �AFxrvNglV1 J J J J J J J J J JJ J LL J J LL J J LL LL J J LL LL J J LL LL J J LL LL J J LL LL J J LL LL J J LL LL J J LL LL J J LL J J LL LL J J LL LL J J J J LL w 111 J J w w w J11 J J LL LL Z I LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL LL m o Y Y Y J Y C J Y J J J J .0 0 Y J J 13 J a m E Y 0 Y E E S E E v E E E �qq n m iilm r)ro O Y /TlaLLafA V. E KE 0 dG. 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Sri 8 rr 8�1 Wr 8� d�GB_pCSC_G_G S88oS�S� �00 �88Sg�8�g�o�88088888 ^O o No Y Y �N f 5$oe8oS8S8gg�S8 N1 N� N p8_p88e�_eC8C C8_ppS_p�p8_ppp§p N �Nn(pNN Ny pMtN+1NN O OOOO NNNNN�tOiNM 1�fy O�Nil N N�OOON�yO N N'-NON m f V _ iil �D �<O h O 9I f Nl ♦---mm W W f0 .82SNNNUIN0�0(1' �y �y N N fry OYl N N f f N N f f N' f N N N N f f N N f Nay N N N N f f N^' f N' N N N N N N N N N N N N N N N^^' ' N N N N f N N f f N N N N ^ N N N N N f f {r{yy N N f �V�yyf N N f �f�yy �O�yy N N fff tOtVV �f�yy N N f (f(yyf N N f f �f�yy �f�yy N N ��yy �O�yy N N f f N N f f %41r *Vle M FLORIDA AGGREGATES GROUP: 155 East 21st Street / P.O. Box 4667 / Jacksonville, Florida 32201 / (904) 355-1781 FLORIDA ROCK INDUSTRIES INC Mining, Ready Mix Concrete, and Construction Products Reply to Division Office: 14341 Alico Road, Fort Myers, FL 33913 / (239) 267-1803 ext. 40 / FAX (239) 267-2887 September 19, 2003 Mr. Michael Powley County Engineer St. Lucie County Engineering 2300 Virginia Ave. Fort Pierce, FL 34982-5652 Re: Fort Pierce Mine (North Plant) Request for Modification Dear Mr. Powley: In my March 4, 2003 correspondence to you I explained that we were not, at that time, operating in the North pit so we could not conduct the noise and vibration level testing to report on our compliance with St. Lucie County's Noise Ordinance. We have moved our excavation and crushing operations back up to the North pit and have completed the noise and vibration level testing. Please find enclosed a copy of the report for your review and use. The original is being sent to Mr. Michael Harvey for his use and to be placed in the county master mining file. At this time, we respectfully request that you proceed with the processing of our request for permit modification in order to extend the hours of operation for crushing. Please keep me informed as to when the county plans to mail out the public notices and schedule the public hearing. If you need anything further from me to accomplish this request or have any questions, please don't hesitate to call me at (239) 267-1803 Ext. 40 or email me at TracyHCa�flarock.com. Sincerely, P� X ��- Tracy L. Hayden Environmental Manager - South Florida /tlh Enclosure cc: ''Michael Harvey Kenny Smith Mike O'Berry SEP2 2M JO EEC GN'JEERINIG M E5 PURPOSE NOISE MEASUREMENT AND EVALUATION Ft. Pierce Quarry Florida Rock Industries, Inc. September 03, 2003 The purpose of this study was to measure noise levels produced by backhoe and crusher operations at the Ft. Pierce Quarry of Florida Rock Industries, Inc. and compare the measured levels to the limitations established by St. Lucie County, Florida. An evaluation was prepared to determine potential for operation of quarry equipment during nighttime hour consistent with other approved operations of the Ft. Pierce Quarry. PROCEDURE On June 25, 2003 noise levels measurements were made of a Komatsu, Model RC2100 Backhoe, a Caterpillar, Model 375 Backhoe, and a Cedar Rapids Mobile Crusher. Noise levels measurements were made in accordance with the code requirement of St. Lucie County, Florida. Measurements were made by Jeffrey A. Straw, Vice President & Area Manager of GeoSonics, Inc. NOISE LEVEL MEASUREMENT Noise level measurements were made using a Larson Davis System 824, Serial No.1157. The unit is a Type 1 Precision Integrating Sound Level Meter with real time 1/3 Octave Filter. The unit measures noise in a variety of methods. During the test, the unit was configured for A -weighted noise level measurement and octave measurement as required by the regulations. The specifications on the ISLM are as follows: Integration Characteristics: The Larsen Davis System 824 measures and displays sound -pressure level or sound -exposure level integrated over selectable times. Short -time standard FAST and SLOW (RMS) sound levels over a range of 115 dB are included in the integrated result. Standards: Meets the following: ANSI Standard specifications for Sound -level Meters S1.4-1985, Type 1 (Precision). IEC Standard 30651-1993, 60804-1993 Sound -level Meters (Type 1). ANSI Standard Specification for Octave, Half -octave, and Third -octave Band Filter Sets S 1.11-1986, Type 1-D. IEC 1260-1995 Class 1, Octave and Third -octave Band Filters for the Analysis of Sound and Vibration. M M Reference Conditions: Sound Pressure Level: 114.0 dB Frequency: 1,000 Hz Frequency Weighting and Filters: A, C, and Flat weighting per reference standards Octave -band filters ranging from 12.5 Hz to 20 kHz. Detector Characteristics: Detector Response: Fast, Slow, Impulse, Peak, and Leg switch selectable. Microphone and Preamplifier: TYPE: Larsen Davis PRM 902 Preamplifier random incidence, microphone, Serial No. 1652. RECORDING LOCATIONS During this study, measurements were taken on the west side of the Glades Cutoff Road, fifty feet north of the intersection with Carlton Road, Fort Pierce, Florida. This location was 4,699 feet west of the backhoe equipment operated and 5,755 feet west of the crusher. NOISE MEASUREMENT Noise levels measurements made during the study can be summarized in a number of ways to determine compliance. The Integrating Sound Level Meter (ISLM) measures the maximum noise level recorded during the monitoring period along with the frequency of the noise. Additionally, the unit calculates L„ Percentiles. These user -selected values represent the noise level (L) exceeded for a time period (�). In addition to single number measurement, the ISLM makes measurements based upon frequency weighting. During monitoring noise levels are broken down into Octave Bands ranging from 31.5 through 16,000 Hertz. The maximum noise level during that period is summarized and a maximum level is calculated for the monitoring period for each octave. Noise measured in this fashion is broken down into these separate sections so the overall characteristics of the noise may be evaluated. St. Lucie County regulations use a portion of the frequency range as limitation. These are summarized in the tables of noise level measurements that follow. St. Lucie County limits also noise based upon the receiving land use and the noise source zoning. In the case of this survey noise•levels are based upon Industrial to Residential limits. As 2 M multiple noise methodologies are used for limits, several evaluations were performed. These are provided in the following tabulations. Octave Band Noise Level Measurements Octave Band Analysis — Ambient Noise without Quarry 5:43 — 6:01 a.m. 31.5 52.4 59 63 56.8 59 125 65.8 56 250 58.8 52 500 53.6 48 1,000 54.4 43 2,000 57.1 39 4,000 50.6 36 8,000 44.8 32 Octave Band Analysis — Backhoe Equipment 6:02 — 6:20 a.m. 31.5 52.0 59 63 53.8 59 125 54.1 56 250 53.0 52 500 55.6 48 1,000 56.9 43 2,000 49.4 39 4,000 43.7 36 8,000 41.0 32 3 10. M Octave Band Analysis — Backhoe and Crusher Operation 6:20 — 6:30 p.m. 31.5 54.5 59 63 63.3 59 125 67.3 56 250 60.7 52 500 59.4 48 1,000 58.4 43 2,000 51.3 39 4,000 47.6 36 8,000 43.7 32 Octave Band Analysis — Single Backhoe / Crusher Operation 6:30 — 6:52 p.m. 31.5 60.5 59 63 65.9 59 125 59 56 250 56.4 52 500 55.3 48 1,000 55.1 43 2,000 49.3 39 4,000 48.4 36 8,000 49.7 32 In addition to the octave band analysis St. Lucie County limits noise from activity solely by the overall noise level measured using the A -weighted noise metric. The measured levels are as follows: Maximum A -weighted Noise Measurement Ambient Noise 5:43 — 6:01 a.m. 59.5 Backhoe Equipment 6:02 — 56:20 a.m. 59.2 Backhoe Equipment and Crusher 6:20 — 6:30 a.m. 59.2 Single Backhoe and Crusher 6:30 — 6:52 a.m. 62.1 4 M The maximum level permitted using this measurement method is 50-dB (A) for nighttime periods. DISCUSSION OF RESULTS The St. Lucie County limits on noise levels were measured simultaneously in both required methods of octave analysis and overall noise level measurement. The evaluation was also made by taking ambient noise level measurements without the quarry operations to determine the general background noise level of the community. The ambient levels measured include all aspects of the environment during the period prior to 6:00 a.m. In evaluation of the ambient noise the octave band measurements with no mining activity present were in excess of the County standards in portions of bands measured. The low frequency 31.5 and 63-Hertz octave band did comply; however, the balance of the octave measurements were greater than the limits allowed. Also, the maximum A -weighted ambient noise level was 59.5, 9.5 dB greater than the limitation of the County (50 dBA). Even when applying the permitted 3-dB noise correction, ambient levels are greater than the County limit. This is based upon environment levels increasing the background noise over the 50-dB (A) threshold. The noise levels measured generally appear greater than the maximum permitted levels due to outside noise sources averaging into the total. To actually assess overall noise levels for compliance purposes, reference to graphs indicating noise levels is required. The following graph represents the noise level output for the period prior to the quarry operation. The individual peak noise levels in the ambient levels are produced by vehicle passbys. From 5:43 to 6:01 a.m., five vehicles or vehicle combinations pass the noise level meter increasing the peak noise during the period up to 80 dB. To evaluate the noise levels measured, each one -minute measurement of the noise meter was compare to the vehicles and time frame noted in field notes. Each vehicle was identified for graphic evaluation. A review of the graph eliminating these specific peaks of vehicle traffic has levels of noise less than 40 dB. The ambient noise levels include the measurement of vehicles, human activity and wildlife that is present and audible. The measurement prior to 6:00 a.m. provided a reasonable time to assess the community noise during early morning hours. 5 90 50 70 20 10 Florida Rock Industries, Inc. Ft. Pierce Quarry - June 25, 2003 Noise Level Measurements -AM olent Levels 5:43 - 6:01 a.m. l•J The same evaluation was performed for the periods of quarry equipment operation. The same conclusion may be drawn when reviewing the noise levels with the Ft. Pierce Quarry in operation. The general noise levels increase slightly from the 40-decibel range up towards the 50-dB (A) limit. The levels without traffic included remain below the 50 dB (A) St. Lucie County restriction. It can also be noticed that vehicle traffic becomes more frequent as the progress and the local community become more active. Florida Rock Industries, Inc. Ft. Pierce Quarry - June 26, 2003 Noise Level Measurements - Backhoe Operations 6:02 - 6:20 a.m. The operation in overall noise levels during the backhoe operation, with two pieces of equipment plus the crusher running follows the same trend. Noise levels with the exception of vehicle pass by traffic maintain the 50-dB limit. Noise levels, do fluctuate; however, compliance was made to the A - weighted limit. This is represented in the following graph. 7 . Ord M 90 80 70 a 60 50 m 40 m J 3C 0 z 2C 1C C Florida Rock Industries, Inc. Ft. Pierce Quarry - June 25, 2003 Noise Level Measunnents - Backhoe and Crusher Operation 6:20 - 6:30 a.m. The final review included the crusher plus one backhoe operating. During this measurement cycle the noise from vehicles increased significantly. While noise levels remained near the 50-dB(A) limit, the 3-dB correction would make the overall noise levels comply with the County regulations. These levels are indicated in the final graph presented. 1.1 Florida Rock Industries, Inc. Ft. Pierce Quarry - June 25, 2003 Noise Level Measurements - Crusher and Backhoe 6:30 - 6:52 a.m. CONCLUSION The noise levels produced by the Ft. Pierce Quarry on June 25, 2003, in our opinion, meet the overall A -weighted noise criteria specified. Minus the vehicle traffic passing the noise monitor, the ambient noise levels plus noise measured with the backhoe and crusher operating are less than the 50 dB (A) nighttime noise limit. A second criterion of the code is the measurement of noise within octave bands to break noise down into segments. The lower band analysis shows compliance to the criteria. However, for all measurements, ambient and operating, the octave bands greater than 125 Hertz do not meet the County criteria. Since the ambient levels are in excess, they contribute to the measurements made of quarry operations and subsequently make these measurements in excess. In our opinion, it is not possible for the mining operation to meet the St. Lucie County criteria with the ambient levels already greater than the limits. As such, this standard can not be applied reasonably. F'7 En M In default to a reasonable method of measurement, the quarry does comply with the overall noise limits for peak A -weighted noise. Respectfully submitted, GeoSonics, Inc. Jeffrey A. traw Vice President & Area Manager 10 n AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. DATE: March 2, 2004 REGULAR [XX] PUBLIC HEARING [ ] CONSENT[] PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney Daniel 5. McIntyre County Attorney SUBJECT: Robert E. Teague, Jr., Inc. Contract for Sale and Purchase - Part of Tax I.D. No. 3228-111-0001-000-7 BACKGROUND: Please see attached memorandum FUNDS AVAILABLE: Funds are available in 382-3915-561000-300 (Environmental Lands Capital Fund) PREVIOUS ACTION: October 21, 2003 - Received Board of County Commission approval to authorize staff to negotiate a Contract for Sale and Purchase with Robert E. Teague, Jr., Inc. RECOMMENDATION: Staff recommends that the Board approve the Contract for Sale and Purchase of the Robert E. Teague, Jr., parcel for $1,500,000.00 as shown on the attached map, authorize the Chairman to execute the Contract, the First and Second Addendum and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Staff directed to explore restoration component issues to be presented at a future Commission meeting. Review and Approvals [XX] County Attorney: [XX] Originating Dept.: Finance: (Check for Copy only, if applicable) Eff. 5/96 [XX] Community Development: [ ] Parks d Recreation: G:\ACQ\WP\JoAnn\Environmental\Teague\Agenda Request.wpd CONCURRE -1 0' / Do I Anderson County Administrator t [XX] ERD: [ ] Road d Bridge: M n TO: Board of County Commissioners INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA FROM: Daniel S. McIntyre, County Attorney DATE: March 2, 2004 SUBJECT: Robert E. Teague, Jr., Inc. Contract for Sale and Purchase - Part of Tax I.D. No. 3228-111-0001-000-7 BACKGROUND: County staff became aware of a possibility of acquiring a 150 - 155 acre site in close proximity to the County owned Paleo Hammock (80.52 acre) parcel. A map locating the Teague parcel and the County owned parcel is attached. Attached you will find a memorandum from Steve Fousek, County Environmental Land Specialist, stating the subject contains approximately 29 acres (19%) of hydric hammock, 21 acres (14%) acres of depression marsh and 100 acres (67%) of improved pasture. The subject site also contains Simpson Stopper, considered to be a threatened species and four (4) Native American mounds located within the hydric hammock. On October 15, 2003, Steve Fousek presented the Teague parcel to the St. Lucie County Land Acquisition Selection Committee. A motion was made by the Committee encouraging the County to proceed with the acquisition of the Teague property utilizing Environmentally Significant Land Funds. The Committee further agreed that approximately 40% ($600,000.00) of the cost of acquisition should be paid by E5L with the remaining 60% (900,000.00) funds to be funded by other potential sources, with the though of restoration. We have attached a copy of the Land Acquisition Selection Committee minutes. Staff will be seeking reimbursement from Florida Communities Trust, USDA Wetlands Reserve Program, and other public private partnerships. RECOMMENDATION: Staff recommends that the Board approve the Contract for Sale and Purchase of the Robert E. Teague, Jr., parcel for $1,500,000.00 as shown on the attached map, authorize the Chairman to execute the Contract, the First and Second Addendum and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. ctfully submitted, Daniel S. McIntyre County Attorney j G:\ACQ\WP\JoAnn\Environmental\Teague\Agenda Memompd m m M O M Y I j .o R• . _ O T co q �D. T 0 - - - - - - - - I - - - - - - - - cu cu CO a ( flY 1 I D iY QI j e i f Ccu I i 1 _ f Y "v � Y 3 � jA O ire I cr C C- O 0 U co fi � I " " ppold i olljuo CT (O CZ_ — ^N_ .Sl � IYYY (�, cz Ianm • v� MAP MAD' PROJECT NAME: Teague Property PARCEL NUMBER: Part of Tax I.D. No. - 3228-111-0001-000-7 CONTRACT FOR SALE AND PURCHASE FOR REAL PROPERTY THIS CONTRACT made this /"7'7-'�' day of 2003, between ROBERT E. TEAGUE JR. INC. A FLORIDA CORPORATION whose address is 7777 Carlton Road, Port St. Lucie, Florida 34987, hereinafter referred to as SELLER and, ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS, 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 a certain parcel or parcels of real property ("Property") located in the County of St. Lucie, Florida, being more fully described as: SEE ATTACHED EXHIBIT "A" which Property is vacant land. 1. PURCHASE PRICE AND METHOD OF PAYMENT. The purchase price is One Million Five Hundred Thousand Dollars, ($1,500,000.00), determined to be the total of the following: Real Property Improvements Other than Buildings (described in Exhibit "B", if any) Personal Property (Described in Exhibit "A", if any) Severance Damages $1,500,000.00 $-00 $00 $00 Other (describe) payable in Cash or Cashier's check at the time of closing; plus or minus credits, adjustments and prorations as of the date of closing. The $1,500,000.00 purchase price is based upon a purchase price of $10,000.00 per acre multiplied by 150 acres. The final acreage will be determined by a boundary survey performed within 45 days from the date of this Contract by a County approved surveyor and paid for by the Purchaser. The purchase price will be adjusted based on the acreage verified in the boundary survey. The parties acknowledge that the Purchaser will contract with two County approved appraisers to perform an appraisal of the property, to be completed within 75 days from the date of this Contract, in accordance with Florida Communities Trust (FCT) guidelines. The Purchaser's obligation to close in accordance with this Contract is contingent on the value established by the appraisals being equal to or greater than $10,000.00 per acre. If the appraisals are lower than $10,000.00 per acre, the Purchas r res s the right to cancel this Contract upon written notice to Seller. RJ In 2. EXPENSES. Purchaser shall pay for documentary stamps and recording fee on the Deed conveying the subject Property 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. Seller shall provide at Seller's expense a commitment for title insurance from a title agent ("Title Agent") of Seller's choice, and after closing shall provide at Purchaser's expense a final owner's policy of title insurance at a premium not to exceed the rate promulgated by the Florida Insurance Commission. The title insurance commitment shall be 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 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. Seller shall not be obligated to institute any suit nor make any expenditure of more than $5,000.00 to render such title marketable. 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. The Seller shall have the right to reserve for the benefit of and as an appurtenance to the Seller's adjacent property that is not being sold hereunder easements: (a) for drainage utilizing those ditches, canals and swales that exist on the Property and are generally depicted on aerial attached hereto as Exhibit " G" and (b) for ingress, egress and drainage running north to south and lying 40 feet on each side of the center grade which generally depicted on aerial attached hereto as Exhibit "G". 4. CONVEYANCE. Seller agrees to convey title to Purchaser by a good and sufficient statutory Warranty Deed, and if personal property is included, same shall be conveyed by proper Assignment or Bill of Sale, all real and personal property to be free and clear of all liens, judgments, and encumbrances except, taxes for the current ye((��(( ,,—V zoning ordinances. M 5. LIENS. All certified liens or assessments and any pending liens for which work has been completed prior to the date of this Contract, shall be paid by Seller, Seller shall make and deliver to Purchaser a Construction No -Lien Affidavit as to realty and an Affidavit as to no liens or encumbrances of any personal property. 6. PRORATIONS. Taxes, rents, interest and other expenses or revenue of said property shall be prorated from the cash to close as of the date of closing. Credits and charges for the day of closing shall belong to and be borne by the Seller. 7. RISK OF LOSS. Seller assumes risk of any and all loss or damage prior to closing and the Property shall be conveyed in substantially the same condition as on the date of this Contract, ordinary wear and tear excepted. 8. POSSESSION. Seller shall deliver possession to Purchaser at the closing. 9. CLOSING. The closing shall be on or before MARCH 31, 2004 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 and delivered, and the abstract shall become the property of the Purchaser, subject to possessory rights and mortgagees of record. Time is hereby made of the essence as to the closing date. 10. 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. 111. ATTORNEY'S FEES. Either party failing to comply with the terms hereof will pay all expenses, including a reasonable attorney's fee, incurred by the other party because of that failure. 12. MISCELLANEOUS. Written provisions shall control all printed provisions in conflict therewith. This Contract embodies the entire agreement of the parties and may not be a d or M modified except by an instrument in writing signed by the party against whom the enforcement of any alterations or modifications is sought. 13. 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 or Purchaser may elect compel Seller's performance by specific performance and the foregoing constitute the sole and exclusive remedies of the Purchaser hereunder. Purchaser specifically and irrevocably waives all other rights or remedies which Purchaser may have or hereafter acquire 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. . 14. DEED RESTRICTIONS. Seller warrants that there are no deed restrictions which are coupled with a reverter or re-entry clause and that title to the Property is not based upon a tax deed, or if based upon a tax deed, that the title has been duly quieted by suit, or that title has otherwise been made marketable. 15. ASSIGNMENT. This Contract is not, without the prior written consent of Seller, which shall not be unreasonably withheld assignable by the Purchaser and upon Seller's consent the Seller as assignor shall be relieved of all further liabilities under this Contract. 16. DISBURSEMENT OF PROCEEDS. The Seller and Purchaser have elected to have the closing processed through the office of the Title Agent issuing Title Insurance. The Title 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 deed recording, provided delivery of the deed and payment of the purchase price occur in the same day at the same time. 17. RECISION. Purchaser may rescind this Contract if at the time of closing the Seller is the subject of any insolvency, receivership or bankruptcy proceedings, and the foregoing results in the Seller being unable to close in accordance with this Contract and deliver marketable title of the Property to the Purchaser. 18. EXISTING MORTGAGES. Seller hereby warrants that existing mortgages are in good standing and Seller shall 4 M M either satisfy the mortgage or obtain a release of the subject Property from the mortgage at or before closing. 19. PROPERTY CONDITION_ The parties acknowledge that the Property is vacant land and that this transaction is a commercial transaction. Except for the express representations and warranties made by Seller herein Purchaser agrees that the Property is being sold and conveyed on an "AS IS", "WHERE IS" and with all faults basis and that an unqualified standard of "caveat emptor" shall be applicable to this Contract and the transaction(s) governed hereby. Purchaser represents and warrants that Purchaser will perform all investigations, inspections and due diligence activities which Purchaser deems necessary or desirable prior to the closing hereunder. 20. OFFER TO SELL. Seller and Purchaser recognize and agree that by signing this Contract first, the Seller is offering to sell the Property described in Exhibit "A" to the Purchaser in accordance with the terms and conditions of this Contract. If Purchaser shall fail to execute this Contract as the binding act of Purchaser within thirty (30) days after Seller signs this Contract, Seller may, by written notice to Purchaser, revoke Seller's offer to sell the Property in accordance with the terms of this Contract. 21. SELLER'S REPRESENTATIONS. (a) Annexed hereto and made a part hereof as Exhibit "C" is a list of all leases, tenancies, and occupancies affecting the rent, expirations, and security deposits if any, with respect to each such tenancy or occupancy, which Seller warrants and represents is true and correct. There are no. other leases, occupancies, or tenancies except as reflected in Exhibit "C", and none will be agreed to prior to closing without Purchaser's consent, unless the some can be terminated at or prior to the closing hereunder. True and correct copies of all said leases, if any, have been delivered to Purchaser, and Seller warrants there are no modifications thereof. Unless otherwise reflected on said Exhibit "C", alterations, installations, and other work required to be performed by the Seller under the provisions of any such lease, tenancy or occupancy have been or will, by the date of closing, be completed and fully paid for. No brokerage commission is now due and unpaid in connection with any lease, tenancy, or occupancy or any renewal thereof, nor with any other matter pertaining to the subject Property and upon the closing date no such commission shall be due and unpaid, provided however, the foregoing is not intended to nor shall it be construed to apply to any brokerage commission that may be owed by Seller upon closing hereunder. (b) Neither Seller nor the respective tenants nor parties to any of the agreements listed in Exhibits "C" or "D" attached hereto are in default under the terms f said Agreement of instrument. *male (c) Seller has not entered into any contracts, subcontracts, licenses, concessions, easements, or other agreements, service arrangements, either recorded or unrecorded, written or oral, affecting the Property other than those set forth in Exhibit "D" attached hereto made a part thereof. Each and every such contract or other instrument listed in Exhibit "0" is a valid, bona fide, and binding agreement entered into by the parties hereof, effected in good faith in an arms -length transaction. True and correct copies of said instruments have been delivered to the Purchaser,.and the Seller represents that there are not now and will not be at the date of closing, amendments or modifications or any waiver by any party of any of the provisions thereof. (d) None of the tenants on the Property have been given any concession or consideration for the rental of any space applying to any period after the closing; and no tenants are entitled to any concessions, rebates, allowances or free rent for any period after the closing hereunder. (e) Seller warrants and represents that no other agreements concerning employees engaged in the operation and maintenance of the subject Property or employment contracts exist, except as set forth in Exhibit "E" attached hereto, copies of which agreements have been delivered to the Purchaser, provided however the foregoing is not intended to nor shall it be construed to prevent Seller from entering into any such agreements so long as the same can be terminated at or prior to the closing hereunder. (f) Annexed hereto and made a part hereof as Exhibit " F" is a list of all policies of insurance now in full force and effect with respect to the Property giving the company, amount and type of insurance, policy expiration date, premium and other relevant information delivered to Purchaser true and accurate copies of all said policies and the premium shall be prorated as of the date of closing. (g) Seller agrees with Purchaser that from and after the date hereof and prior to closing, Seller will not enter into any lease or agreement or any modification of any existing lease of agreement pertaining to the subject property without the written consent of Purchaser unless the same can be terminated at or prior to the closing hereunder. (h) All of Seller's representations and warranties set forth in this Contract shall be true as of and surviving the closing, and all obligations of Seller involving action or performance by Seller prior to closing shall have been fully complied with. In the event that a lien, claim or cause of action should arise, resulting from the activities upon the Property prior to closing or from any misrepresentations concerning the Property contained herein, Seller shall at its sole cost and expense defend against such claim or cause of action, and hold Purchaser harmless therefrom, which shall include, but not be limited to, Seller's retaining such attorneys or other persons as may be required to fulfil this indemnification. 6 M (i) Neither the whole nor any part of the subject Property is now, and at the closing will be, in violation of any code, ordinance, statute, or regulation pertaining thereto of which Seller has received. Seller shall deliver to Purchaser any such notice received prior to or after closing. If any of the representations of Seller contained in this paragraph are inaccurate at the present time or as of the date of closing, Purchaser may elect not to close this transaction in which event Seller shall have up to sixty (60) days to remedy any such inaccuracy or misrepresentation but upon Seller's failure or inability to do so all parties shall be relieved from all obligations and liabilities hereunder and Purchaser's sole and exclusive remedies shall be as specified in section 13 of this Contract. 22. COMPLIANCE WITH ENVIRONMENTAL LAWS. In the event that, between the effective date of this Contract and the closing of the transaction contemplated herein, environmental contamination of the Property has resulted or is discovered, the Purchaser, at its sole option, may elect to terminate this Contract without further liability. Should the Purchaser elect not to terminate this Contract, there shall be no adjustment in the purchase price and Purchaser shall be deemed to have accepted the Property in the condition existing at the closing date with all faults. Seller makes no representations or warranties regarding the environmental condition of the Property and Purchaser represents and warrants to Seller that Purchaser shall obtain and exclusively rely on such environmental assessment(s), inspections and evaluations of the Property as Purchaser may elect in Purchaser's sole discretion. 23. CONFLICT OF LAWS. The parties hereto hereby agree that all legal rights, duties, obligations and defenses shall be determined pursuant to the Laws of the State of Florida. The covenants herein shall bind and the benefits and advantages shall inure to the respective heirs, executors, administrators and successors or the parties hereto. Whenever used, the singular shall include the plural, and the plural the singular and the use of any gender shall include all genders. This Contract and any amendments hereto may be executed in counterparts and delivery of an executed copy of this Contract and any amendments hereto via facsimile shall constitute execution and delivery of an original. IN WITNESS WHEREOF, the parties have hereunto affixed their hands and seals. Pr VM M M SIGNATURES ON FOLLOWING PAGE(S) EXECUTED by SELLER this day of 2003. ROBERT E. TEAGUE, JR., INC., J� A FLORIDA CORPORATION 1 By: Witness Its: � Witness [ CORPORATE SEAL ] STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoi instrument was acknowledged before me is ) a day of 2003, by ',60W�- for ROBERT E. TEAGUE, JR. , INC., A FLORIDA CORPORATION who is personally known to me or who has produced a Drivers License issued qNotaPublic st five years as identification. (NOTARY PUBLIC) SEAL �'"y'`a; Jane L Brock MY COMMISSION # DD110546 p(pIRES February 11, 1007 of i QP' BONDED THRU TROY FAIN INSURANC, INC (Print, Type or Stamp Name of Notary Commission No: My Commission Expires: 8 On m EXECUTED by PURCHASER this ATTEST. DEPUTY CLERK I day of , 2003. BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS County Attorney m m EXHIBIT "A" LEGAL DESCRIPTION THE SOUTHEAST 1/4 .OF SECTION 28, TOWNSHIP 36 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA, LESS AND EXCEPT RIGHT-OF-WAYS OF RECORD. 10 %401 19 EXHIBIT 'B" IMPROVEMENTS OTHER THAN BUILDINGS `%or EXHIBIT "C' SCHEDULE OF LEASES, TENANCIES AND OCCUPANCIES m F5 EXHIBIT "D" CONTRACTS, LICENSES AND AGREEMENTS a 5e-1n9177S�'-e lqro�lj we6l cm m EXHIBIT "E" OPERATION, MAINTENANCE AND EMPLOYMENT AGREEMENTS m V5 EXHIBIT "F" POLICIES OF INSURANCE C:\Documents and Settings\Doug\My Documents\Teague\Contract.wpd 11/18/2003 TUE 13:k U 772 569 4689 SID BANACK INS Uui ACORD vw DATE (MMIDONY) TM. CERTIFICATE OF LIABILITY INSURANCE NOV 1803 PR THIS CERTIFICATE I$ ISSUED AS A MATTER OF INFORMATION BANACK INSURANCE AGENCY ONLY AND CONFERS NO RIGHTS UPON THE CERYIFICATE 2045 14TH AVE. HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P O BOX 130 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. VERO BEACH FL 32961 PHONE: 772.562-3369 INSURERS AFFORDING COVERAGE NAIC # INSURED IN SURER A: ACE AMERICAN INSURANCE COMPANY ROBERT E. TEAGUE, INC. & ROBERT E. TEAGUE, JR. INSURER D; 7777 CARLTON ROAD INSURER C: _ PORT ST LUCIE FL 3087 INSURER D: — ——r—....... INSURER E; 1+UYGr%mV" ) THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NO'fWI'rHSTANOING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALLTHE TERMS, EXCLUSIONS AND CONUIIIONS OF SUCH POLICIES. AGGREGATE. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INBR TYPE OF INSURANCE I POLICY NUMBER I POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTF71 DATE MM/DOM/ DATE MM/oolrY GENERAL LIABILITY I FPC FO-449614 I DEC 5 02 DEC 5 03 EACH OCCURRENCE_ _ a 1,000,000 S 50,000 __......... X COMMERCIAL GENERAL LIAGILn-Y .. I I)AL1ACE TO RCNTCb"� PREMIEEB,(Etipm - CLAIMS MADE X OCCUR MED. EXP (Any One Person) S 5,000 _ S 11000,000 "+ PERSONAL & ADV INJURY GENERAL AGGREGATE $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: I PRODUCTS-COMP/OP AGG. S 1,000,000 POLICY PROJECT I-oc AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S � ANY AUTO ` (Ea accident) ALL OWNED AUTOS GOOILY INJURY (Per person) 5 SCHEDULED AUTOS I BODILY INJURY HIRED AU•rOS S I j NON -OWNED AUTOS (Pcr accident) PROPERTYDAMAGE ._.___.... ......... I :$ GARAGE LIABILITY AUTO ONLY - FA ACCIDENT ' S — ANY AUTO OTHER THAN EA ACC S IAUTOONLY. AGG i8 EXCESS / UMBERCLLA LIABILITY I EACH OCCURRENCE - S DccuR CLAIMS MADE AGGREGATE s ..... .. i�.� S DEOUCTIBLE S RETENTION $ I S WORKERS COMPENSATION MID I WC EL4Tu' OTHER LTDRYLIMITS I EMPLOYERS' LIABILITY j .. E.L. EACH ACCIDENT �S.. ANYPROPft1ET01UPARTNER/EXECUTIVE ... , OFFICER/McMBER EXCLUDED? E.L. DISEASE -EA EMPLOYEE S ItV.., d..Viba ands sPEclpl PRtivIslONs Bwlo.. ....._....—_ — E.L. DISEASE -POLICY LIMIT _. _...... . S OTHER; i I DESCRIPTION OF OPERATIONS/LOCATIONNEHICLES/EXCLUSIONS ADDED ENDORSEMENT/ SPECIAL PROVISIONS I'M 1 j AnnlTlnNAI INRIIRFn- IN.411RFR I wrrFR. r-A kl CI I ATIll111 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES GE CANCELLF,D BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL IMPOSE- NO OBLIGATION OR LABILITY OF ANY KIND UPON THE MARK WALTERS COMPANY INSURER, IT'S AGENTS OR REPRESLmTATIVES. FAXED TO 1-772.468-1036 AUTHORIZED REPRESENTATIVE Attention: ACORD 26 (2001/08) Certificate # 70908 Ivllcnael vv. darns i Division of Corpcions raNato ge I oT L Flo'Hdra Depcarhaient of Stale, L iz hsiori of Comorations -Pub is 1 71PTIM1.511r1hiz_c-3rsT �I Florida Profit ROBERT E. TEAGUE, JR., INC. Document Number H32507 State FL Last Event REINSTATEMENT PRINCIPAL ADDRESS 7777 CARLTON ROAD FORT PIERCE FL 34987 Changed 07/10/2001 FEI Number 592505211 Status ACTIVE Event Date Filed 11/06/2003 Date Filed 12/04/1984 Effective Date NONE Event Effective Date NONE �,—..... _ ....... ..... _._._ ....... 1.11.1 ......... . - ................._ _ ......... KeaisTered Hc.at�r l l Name & Address TEAGUE, ROBERT E JR 7777 CARLTON ROAD FT. PIERCE FL 34987 Name Changed: 1 ]/06/200 Address Chanqed: 11 /06/201 Officer/Director Detail II Name & Address 11 Title 11 TEAGUE, R E JR II 7777 CARLTON ROAD PD htto://www.sunbiz.orq/scripts/cordet.exe?a l =DETFIL&n l=H32507&n2=NA... 11 / 19/2003 PLEASE READ ALL INSTRUCTIONS BEFORE COMPLETING THIS FORM. APPLICATION sj6"� FLQ�RIDA"f5EPARTMENT OF STATE _,s- - Glenda E. Hood FOR Secretary of State REINSTATEMENT a..��° DIVISION OF CORPORATIONS 1� DOCUMENT # .. H32507 ' "'.6 e�`2.Q , . t, Corporation Name ; Q ROBERT E. TEAGUE, JR., INC. �oi, D 3 Nial Principal Place of Business Mailing Address 777, CARL-TON ROAD' — J ` 7777 CARLTO AD ^ y - _ - I lllllll ilil Nlil mill lull illll Ill/ 1111f illll lull fliN iilll illll liil FORT PIERCE FL 34987 FORT FLRO It above addresses are incorrect in any way, line through incorrect informadon and enter correction below. 1 , ; - ; -,• �,r1 ' is .__ ::- f:n rin 2. New Principal Office Address, If Applicable 3. New Mailing Office Address, It Applicable ied 4. Do Do Business enFdFlorid • 12/04/1984fi Suite, Apt. #, etc. Suite, Apt. p, etc. 5. FEt Number _ Applied For 59-2505211 Not Applicable City 6 State City s state 6. CERTIFICATE OF STATUS DESIRED ❑ 3 directors) ZIP Country Zip Country 7. Names and Street Addresses of Each Officer and/or Director (Florida nonprofit corporations must list at least Name of Officers and/or Directors Street Address of Each Officer and/or Director City / Stale ! Zip 4 1Tille(s) 2 3 PD TEAGUE, R.-E. JR 7777 CARLTON ROAD FORT PIERCE FL 34987 STD MODINE; PATRICIA A 5660 SUMMERLIN ROAD FT. PIERCE FL 34988 0. Name and Address of Current Registered Agent 9. Name and Address of New Registered Agent Name 1z0 b s R.T E" TEEa 6-0 F TR . BRENNAN, JOHN T. Street Address (P.O. Box Number is Not Acceptable) 519 SOUTH INDIAN RIVER DR. a 1 G A W. L'To rt —a-' Site, Apt, p, Etc. FT. PIERCE FL 34950 City } Irw t�;eru. State , EL Zip Code 13 458! to. I, being appointed the registered agent of the above named corporation, am familiar with and accept the obligations of Section 607.0505. F.S. or 617.0505, F.S. Signature of �, Date 1 a 23io Registered Agent R ERED ENT MUST SIGN 11. 1 certify that t am an officer or director or the receiver or trustee empowered to execute this application as provided for in chapter 607 or 617, F.S. I further certify that when filing this reinstatement application, the reason for dissolution has been eliminated, the corporate name satisfies the requirements of section 607.0401 or 617.0401 , F.S., that all fees the individuals listed on this form do not quality for an exemption under section 119.07(3)(i), F.S. The information Indicated owed by the corporation have been paid and names of on this application is true and accurate, and my signature shall have the same legal effect as It made under oath. I ,�� � .fir' /� �.. ; �; .• .. 1b 23`o3 SIGNATURE SIGNATURE AND TYPED OR PRINT AME OF G OF MER OR DIRECTOR Date Daytime PhW. • vYV 0121880 AT m M M FIRST ADDENDUM TO CONTRACT FOR SALE AND PURCHASE This First Addendum is attached to and made a part of the Contract for Sale and Purchase ("Contract") between ROBERT E. TEAGUE, JR., INC., a Florida corporation, ("Seller") and ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS, ("Buyer") for property more particularly described in said Contract (the 'Property"). If any of the terms or provisions of this First Addendum should conflict with any of the terms or provisions of the Contract, the terms and provisions of this First Addendum shall prevail and take precedence. 1. Title. Paragraph 3 of the Contract is hereby modified to delete the references in subparagraphs (a) and (b) to the creation of easements for drainage and for ingress and egress it being the intent of the parties to exclude such existing ditches, canals and swales from the final legal description of the Property to be conveyed at closing with the parties further agreeing that the Property to be conveyed will consist only of that acreage located within the solid black lines depicted on the "Revised Exhibit G" which is attached hereto and incorporated herein by reference. The original Exhibit "G" which was attached to the original Contract is hereby voided and replaced by the Revised Exhibit G attached to this First Addendum. This provision shall supercede and modify the general description of the Property set forth on Exhibit "A" and the final survey of the Property shall be adjusted accordingly. 2. Counterparts/Facsimile. This Addendum may be executed in counterparts by the parties hereto and upon such execution each counterpart shall constitute an original. Further, execution and facsimile transmission_ shall constitute execution and delivery of an original. 3. Reaffirmation. Except as modified hereby, all terms of the Contract are hereby reaffirmed and any capitalized terms contained in this Addendum which are not otherwise defined herein shall have the meaning specified in the Contract. Dated this _5 day of C4.4 2003. ROBERT E. TEAGUE, JR., INC. BY: Robert E. Teague, Jr., Pre ' nt Dated this day of , 2003. ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS M. Chairman m M O O N N d cm M DEPARTMENT OF PUBLIC WORKS ENVIRONMENTAL RESOURCES TO: DAN MCINTYRE, COUNTY ATTORNEY FROM: STEVE FOUSEK, ENVIRONMENTAL LANDS SPECIALIST THROUGH: VANESSA BESSEY, ENVIRONMENTAL RESOURCES MANAGER,`.! DATE: OCTOBER 17, 2003 SUBJECT: TEAGUE PARCEL I have reviewed the site characteristics of the southeastern 1/4 of parcel # 3228-111-0001-0007. The 150+/- acre parcel located '/z mile east of Paleo Hammock, contains approximately 29 acres (19%) of hydric hammock, 21 (14%) acres of depression marsh and 100 acres (67%) of improved pasture. The hydric hammock is in very good condition, containing a mix of mature Cabbage Palm, Live Oak, and Laurel Oak. In addition Sugarberry, Mastic, Citrus, mulberry and strangler fig are present. A Simpsons Stopper (Eugenia sinipsonii), (threatened species) located in the hammock may be the largest of its kind in the nation. Preliminary figures identify the tree at 61 inches in circumference, 59 feet in height and 48 feet of canopy (144 points). Currently the University of Florida is confirming the identification of the species. The Depression Marsh contains a mix of Pickerelweed, Spikerush, Maidencane and Torpedo Grass. A series of ditches have impacted the natural hydroperiod of the marshes. The Improved Pasture contains a mix of Bahia, Dog fennel, smut grass, sedges and rushes. Four (4) Native American mounds are located within the hydric hammock. These mounds have not been officially identified and recorded. They are approximately: 900' x 270', 630' x 90', 450' x 90' and 90' x 90'. Initial surface examinations have found Native American pottery, shell and unidentified bones. In 1999, Mr. George W. Percy, then Director of the Division of Historical Resources, Florida Department of State wrote regarding mounds in the general vicinity: "In terms of significance, little is known about the archaeology of the interior Indian River/Lake Okeechobee region. Public access and interpretation at these sites can help educate citizens and visitors in St. Lucie County regarding the culture of prehistoric people who lived in the area thousands of years ago." This area between Lake Okeechobee and the Indian River is indicative of an extensive occupation of early American settlements. In this area of the state, very few of these sites are in public protection. n n ST. LUCIE COUNTY LAND ACQUSITION SELECTION COMMITTEE ENVIRONMENTALLY SIGNIFICANT LANDS PROGRAM Roger Poitras Administration Annex Conference Room 3 5:30 P.M. Wednesday October 15, 2003 MINUTES COMMITTEE MEMBERS PRESENT: Jane Brooks, Erik Martin, Jim Alderman, Klip Klueppelberg, Betty Lou Wells, Ed Novak and Harold Phillips COMMITTEE MEMBERS ABSENT: Cliff Barnes, David DeWitt, Kathryn Item #3 — Teague Property currently,,' owned by St. Lucie Coun threatenedsspecies and could be on what we believe it is. ey, Rob Johnson, R. Duke Mark Walters, There was 'one :ead of in Committee at the''next meeting. Carla ins Road and the owner is willing to split it in half if necessary. a Power•, point presentation will be give you an overview later. The A„ . ,ialf a mile from Paleo Hammock. There are two points of access: fiat adjoin Carlton Road. The most unique and important feature of have been identified and the proximity to P aleo Hammock, a site The site a Iso contains a S impson Stopper, considered to be a of the largest on record. Steps have been taken to try and confirm A Simpson StopperR.is a tropical hard "wood tree, in the Eugenia family and typically isn't seen in upland communities. They are, usuallyfcitan°d on the Islands. This particular tree is approximately 50 ft. tall, which is unheard of, usually Et's4a small -tree. I am not 100% sure, until it is confirmed, that it has been identified correctly. It has a bright'crange'trunk with the peeling bark and a small stopper leaf, slick trunk, not like a Guava but more like a large Seagrape. So, if it is in fact a Simpson Stopper, it will probably be the largest on record. Information will be sent to the University to try and identify. This guide is just to follow along with the Power Point presentation. Slides 1 -3 - Introduction to the slide show indicating particulars of site. Slide #4 — One hundred acres of unimproved pasture and twenty-nine acres of hydric-hammock. If it is a half -mile by mile it should be one hundred and sixty acres? Yes, the whole parcel for sale of 310 acres, which is less than the normal but close. And there is twenty-one acres of depression marsh. Slide #5 — Is the layout of the parcels; the depression marshes are probably borrow areas that were used to create the mounds. En ST. LUCIE COUNTY LAND ACQUSITION SELECTION COMMITTEE ENVIRONMENTALLY SIGNIFICANT LANDS PROGRAM Slide #6 - 19 - The area between the mounds has a lot of dog fennel, bahia and torpedo grasses. Some of the pastures were pushed, the soil types are similar to the hammock soils, so given enough time probably some of it will convert back to hammock on its own. Slide #20 — 26 -Although, this Committee is designed to review sites for environmental sensitivity, and most of the site has been impacted either through Native Americans or farming. It has some things that could be truly unique for the whole area of East Florida in its archeological importance. The question was asked, if there was someone working here from the State that could check it out? It is an unrecorded site and the property owner would probably rather keep it that way; otherwise people will be in unauthorized to investigate and determine cultural remains. Tallahassee was contacted, and they indicated that any mound is of flistoricat significance, but the amount per square mile in this area is really unusual. These mounds :are 6 8,feet tall and some as low as 3 ft. in height. The number of mounds and the length is unus"al"for this area; some are 920 ft. long and a couple 100 ft. wide. On the mounds are some huge strangler figs and oniE uthidentifiable plant that might be a Geiger Tree. There are a few Brazilian Peppers on'the margins and few citrus trees inside, but most of the hammock is untouched. From the environmentally sensitive lands outlook, there is less than 26'66res of hammock"and it (Indian Mounds) was not one of the committee's criteria for evaluating the site. Paley Hammock, however, was 19-21 % hammock with the mounds being a bonus. The Teague parcel is n 1'.9°fo hydric-hammock, which is in excellent condition, and 21 acres of depression marshes: Because marsh isconsidered wetland it also fits the guidelines for preservation. So one-third.ofthe site,js environmentally sensitive, but 20% is all that has to fit the guidelines. Part of the improved' pasture majPtevert back into native communities with minimal involvement once the cattle is removed. The sons to th6vorth are Hailolo sand, which are .; hammock soils, indicating there should have ,beeti a hardWov'd ham mocke there and again it may revert back by itself. Mark Walters, realtor for Mr. Teague 6, present and took the 00Gnty's information to his client. Mr. Teague took an interest in listening artd there are some ft ble possibilities; but timing may be a real important i ssue. The size ;and length .of, the mounds, the fact that all of them have peaks; one was guesstimated to be about ,T ft: where the peppers were the highest and extremely long. If the drainage was blocked up. on the west side, let it go natural, it could be turned into any kind of land. It's not in perfect shape as some of that aea:was tomato farm,years ago. If the ditch is taken all the way across the property, taking the high side, it could be 290/320 acres. But until a 'suryey is done, the northern parameter is vague. On the east side is a power line that runs north and south, with, a (200 ft.) easement, There is a canal that comes from the end of pavement on Carlton Road, runs'up to the section line between 21 & 28, then turns east running parallel to Rim ditch or C-24. The owner belleves his ownership to b'e to the center of the ditch. Burial mounds, are.Iprotected by state law, mounds are not protected so developers can come in and develop unless there are human remains found. In the past, homes have been built on top of mounds that were not identified or recorded, like in the area on Germany Canal and McCarty Roads. If the Indian mounds had archaeological value, wouldn't investigating destroy the hammocks? A staff member has been to the archaeological school in Tallahassee where they were required to dig test holes, systematically, to see what was there and return all found items back into the holes. While on site, a preliminary survey was done around and under trees to determine whether there was any pottery visible. So it is not necessary to destroy a place to identify mounds or to determine what the history of the area is. 2 M n ST. LUCIE COUNTY LAND ACQUSITION SELECTION COMMITTEE ENVIRONMENTALLY SIGNIFICANT LANDS PROGRAM FUNDING In the past, funds from developers, have been received to restore areas, for example, there was $100,000 put in a fund for Bluefield Ranch for the purpose of restoring ditches. That money is used to offset management costs. Internally, staff did an exercise of evaluating/ranking the site for a Florida Community Trust grant; if the pasture were improved by replanting and pre -acquiring, chances are it could get funded by FCT at approximately 40% so the County share would be 60%. Time is of the essence here, so it's likely that it be pre -acquired and get reimbursed, just like what was done at Bluefield and Ancient Oaks. So a few questions are, is it a site worth preserving, maybe not in its present condifron but should the land be saved and at this cost? ($10,000 an acre) Because of the sheaf the parcel„the mounds established in the hydric-hammock, how could it be made smaller?� i It was agreed that the Indian mounds are enough interest to be gfeserved, but it doesh't exactty fit the criteria for ESL funding. " Commissioner Coward's would like to hear recommendations from the corhmi#tee concerning this piece of property. Whether o r not all o r p art is worthy of purchase] tn,addition to tho possibility of combining funding sources and determining what percentage shout& , & allodated to each H64dicated about a half a million dollars was allocated toward environmental,taids in this 1as.:budget hearing and was to continue each year towards acquiring environmental lands Another suggestion=was for County grantwriters to explore, is are there funds available to restore the He properties and Ff th k are, then the Board could go and actually expand the natural areas. He believed then" are somCg�bnts becoming available for restoration of uplands, or at least test areas Another possibility of funding was to assign mitigation dolt" Ito en*# nmental lands from developers who have violations. To date, funds dori'i,get earmarked to`' s&&Ific site and maybe this could be the first site identified in the .County to rece'06them. Then violation funds or mitigation funds from tree impacts could be allocated to a publicly owned'; parcel that needs to be restored. (end Comm. Coward comments)'" The hydric-hammock (which is in excellent condition) is the most important part that meets ESL funding ;(25%) percent could come from ESL funds, with the suggestion based on; current criteria. Twenty five'" that other"funding be found through 'other avenues. If the depression marsh were included, there would be a buffer:ar©und the uplands which"vitould increase ESL support to 50%. The Board is looking for a recommendation from this group of; is this a good site to add to the overall inventory of properties; could it be,, potentially restored in the future; and is the Committee willing to have the County front the money through the ESL program to acquire, with the intent of reimbursement for whatever is not ESL related, The target is to get it on next week's County Commission agenda to get their recommendation to proceed with the due diligence phase, which includes two appraisals. Presently, it takes 6-8 weeks for appraisal completion due to the amount of FCT projects ahead of this one, causing the delay. The County Appraisers do all of our (Attorney's) work, not just Environmental Lands. There has been much discussion with Mr. Teague and his curiosity concerning its historical value, so staff, Committee, and the Attorney's office are aware of a time factor and will begin to move forward as the BOCC advises PANDION STUDY Just as an insert, the results of the Pandion study are not completed, however, it is expected that the criteria for determining prime sites, such as the Pinelands and Indrio Savannahs, to fulfill the acquisition requirements will have to be re -visited with the BOCC in order for the Committee to have direction. 3 M En ST. LUCIE COUNTY LAND ACQUSITION SELECTION COMMITTEE ENVIRONMENTALLY SIGNIFICANT LANDS PROGRAM MOTION BY Dr. Ed Novak: Motion was made that the Committee encourage the County to proceed with the acquisition of the Teague property and that the funding should be approximately 40% ESL, and the remaining funds be garnished from other potential sources, with the thought of restoration being involved in this Vanessa recommended that the motion be amended to include a recommendation that the Board allow Staff to use ESL funds to pre -acquire and be refunded by other sources. Motion was seconded — unknown voice Further discussion? Jim Alderman indicated that he is a distant relative of Mr. Teagud"Iherefo a will abstain from voting on the motion. The motion passed with a unanimous vote. None opposed. Motion ^�rriaei Meeti Minut Debo OffiCE Enviri 10 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Administration M ITEM NO. — DATE: March 2, 2004 REGULAR [x] PUBLIC HEARING [ ] CONSENT [ ] PRESENTED BY: Douglas M. Anderson County Administrator SUBJECT: Dedication of plaque and road to the late Thomas J. White. BACKGROUND: Staff is requesting permission from the Board to honor the late Thomas J. White through the dedication of a plaque to be placed in the ticket booth plaza which will be named Thomas J. White Plaza in Mr. White's honor. In addition to the plaque, staff is requesting permission to name the access road to the stadium Thomas J. White Drive. The plaque and street signs will be installed prior to opening day, March 5th. Core Communities will be paying for the street signs. The County will be paying for the plaque at a cost estimate of $2000. FUNDS WILL BE MADE AVAILABLE IN: 461-7520-552-000-700 Operating Supplies PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval of the plaque and road dedications in honor of the late Thomas J. White. COMMISSION ACTION: + APPROVED [ ] OTHER: [ ] DENIED Approved 5-0 DoAnderson Co my Administrator (`nnrdination/Sianat�reG County Attorney: Mgt & Budget: Purchasing. Originating Dept: Public Works: Other: Finance: (Check for Copy only, if applicable) FRO N /: i, CEhITEC SHADETREE PHONE NO. : 419 355 1422 PAGE Ol Feb. 19 2004 11:060PI P2 Thomas J. White Plaza Dedicated March 5, 2004 7Q V In 1986, in order, to bring the New York Mets spring training program to this area, visionary builder Thomas J. White constructed and donated this facility to St. Lucie County. (- c " 2 a-" W 50 1 (f El M PARKS AND RECREATION DEPARTMENT FACSIMILE FAX # 772-462-1940 TO: Terry Jessie Spectrum Signs FAX#: 772-334-0918 FROM: Peter Keogh, Director DATE: February 26, 2004 RE: T.J. White Signage Request TELEPHONE: 772-462-1518 No. Of Pages: 4 (Including cover sheet) As discussed, please accept this fax as our request to construct and install (2) two standard St. Lucie West street signs indicating Thomas J. White Drive. As agreed upon by Pete Hegner and Shawn Reilley of Core Communities, please forward the invoice to them for payment. The presenter will be Doug Anderson, County Administrator. Thank you in advance. PK:emw M n AGENDA REQUEST TO: Board of County Commissioners SUBMITTED BY (DEPT): PUBLIC WORKS - EROSION 3710 SUBJECT: Update on the Fort Pierce Beach project. COMMISSION ACTION: [ ] APPROVED [ ] DENIED ] OTHER: Richard Bouchard updated the Board on the Beach Erosion project. ITEM NO. 8 Date: March 2, 2004 REGULAR [ ] PUBLIC HEARING [ X ] CONSENT[ ] PRESENTED BY: Richard A. Bouchard, P.E. Erosion District Manager CONCURRENCE: u as Anderson Co my Administrator Coordination/Signatures [ ]County Attorney [ ]Mgt. & Budget []Dept Revenue Coordinator [ ]Originating Dept. Public Works [ ]Erosion District [ ]Finance Department (Grants) 140s 02/27/04 F7ABWARR FUND TITLE 001 001007 001131 001142 001149 001157 001158 001163 001283 001284 001288 001809 101 101006 102 102001 102107 105 107 107001 107002 -7003 /203 109 127 128 138 140 140319 160 183 183001 183003 183004 183108 185004 305 310002 316 396 401 418 421 441 448 449 451 1 0 ST. LUCIE COUNTY - BOARD WARRANT LIST #24- 21-FEB-2004 TO 27-FEB-2004 FUND SUMMARY General Fund General -Energy Efficiency Fund FTA Section 5303 Grant FY01 FTA Section 5303 Grant FY01/02 Section 112/MPO/FHWA/Planning 2004 CSBG Grant FY04 Urban Mobile Irrigation Lab 03/04 Net Loss Commercial Fishing Stories FDOT Automatic Vehicle Location Sys TRIP Grant FY04 TDC Planning Grant FY 03/04 SFWMD-Floridian Aquifer Well 01/04 Transportation Trust Fund Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU FDOT Bicycle/Ped. Coordinator 03/04 Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper Child Dependency Court Representati Drug Abuse Fund. Pine Hollow Street Lighting MSTU Kings Hwy Industrial Park Lighting Palm Lake Gardens MSTU Fund Port & Airport Fund :DEP-Airport Park Wastewater 01/02 Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.-County Teen Court Ct Admin.- Teen Court Domestic Relations Hearing Officer FHFA SHIP FY03/04 Beach Acquisition Fund Impact Fees -Parks County Capital Lennard Road 1 - Roadway Capital Sanitary Landfill Fund Golf Course Fund H.E.W. Utilities Fund North Hutchinson Island Utilities NHI Util-Renewal & Replacement Fund NHI Util - Capital Facilities Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund EXPENSES 303,405.76 257,117.49 13.96 13.96 379.95 238.58 94.12 428.00 45,671.85 3,751.36 49.67 96.51 54,357.29 5,515.11 21,103.20 104,982.65 103.17 121.51 159,400.83 29.79 860.45 791.85 7,573.00 108.75 334.44 440.63 108.74 9,323.14 11,628.00 518.44 1,327.89 255.95 187.50 998.65 6,632.50 185.85 3,000.00 75.00 183,663.66 843.83 89,930.46 10,893.08 2,092.06 27,442.81 1,510.64 51,239.40 43,441.69 8,962.68 PAGE PAYROLL 508,948.19 0.00 185.41 185.41 5,060.58 1,436.72 1,261.54 0.00 0.00 0.00 658.54 1,261.54 117,306.83 0.00 49,264.82 5,113.05 1,366.19 1,728.82 90,646.83 879.62 10,767.54 0.00 0.00 0.00 0.00 0.00 0.00 11,797.51 0.00 6,967.57 4,963.78 1,171.85 0.00 1,970.41 0.00 2,523.90 0.00 0.00 0.00 0.00 45,867.19 23,780.42 113.06 2,530.18 86.14 86.14 399.28 143.56 1 02/27/04 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #24- 21-FEB-2004 TO 27-FEB-2004 FUND SUMMARY FUND TITLE EXPENSES 461 Sports Complex Fund 471 No County Utility District-Operatin 478 No Cty Util Dist -Renewal & Replace 479 No Cty Util Dist -Capital Facilities 481 Airport Utilities District 489 Airport Util - Capital Fac Fund 491 Building Code Fund 505 Health Insurance Fund 505001 Property/Casualty Insurance Fund 611 Tourist Development Trust-Adv Fund 625 Law Library 630 Tax Deed Overbid Agency Fund 650 Agency Fund 665 SLC Art in Public Places Trust Fund 7,019.12 20,842.79 709.19 2,646.90 3,552.65 1.06 54,345.42 255,421.66 1,918.04 369.45 1,255.61 1,569.48 4,249.27 1,085.00 PASE 2 PAYRO_L 12,151.19 3,152.02 71.78 401.97 32.78 14.35 41,042.=8 3,167.07 0.00 4,945.61 0.00 0.00 0.00 0.00 GRAND TOTAL: 1,776,231.49 963,451.87 `%o� 02/27/04 ST. LUCIE COUNTY — BOARD PAGE 1 F7ABWARR VOID LIST# 24- 21-FEB-2004 TO 27-FEB-2004 ,.iND: 001007- General -Energy Efficiency Fund CHECK INVOICE VENDOR TOTAL 00308267 I2410226 Teco BGA Inc 257,117.49 FUND TOTAL: 257,117.49 m 02/27/04 ST. LUCIE COUNTY - BOARD PAGE 2 FZABWARR VOID LIST# 24- 21-FEB-2004 TO 27-FEB-2004 ,iJD: 316 - County Capital CHECK INVOICE VENDOR TOTAL 00308267 I2410228 Teco BGA Inc 10,146.11 FUND TOTAL: 10,146.11 I M AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney ITEM NO. 2 DATE: March 2, 2004 REGULAR [ ] PUBLIC HEARING ( ] CONSENT [XX] PRESENTED BY: Daniel S. McIntyre County Attorney SUBJECT: Petition for Abandonment Unopened, Unmaintained Platted Right -of -Way known as Avenue C Request Permission to Advertise - Notice of Public Hearing BACKGROUND: The Board of County Commissioners received a request from Russell Hughes, President of Hughes, Inc. to abandon a portion of Avenue C, West of Angle Road. Mr. Hughes has owned the property adjacent to the petition site for 38 years. The roadway was never improved or utilized by the public. Staff has reviewed the request and has no objections. Staff requests that the Board grant permission to Advertise the Notice of Public Hearing to abandon the unopened, unmaintained right-of-way known as Avenue C. FUNDS AVAIL.: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board authorize staff to advertise a Public Hearing to be held on April 6, 2004, at 6:00 p.m. or as soon thereafter as possible. 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' .i t v , •(:y c t; �, S+^ f t rlti tl 1! 3 i a _:) I f 4 r .. i1- - ''400, NOTICE OF PUBLIC HEARING APRIL 6, 2004 TO WHOM IT MAY CONCERN: You will take notice that in accordance with the provisions of Sections 177.101, 336.09 and 336.10, Florida Statutes, as amended, and the St. Lucie County Land Development Code, Section 11.10.01 et. seq., a public hearing will be held by the St. Lucie County Board of County Commissioners, in the County Commission Chambers, 3rd floor of the Roger Poitras Administration Annex, 2300 Virginia Avenue, Fort Pierce, Florida, on April 6, 2004 at 7:00 P.M. or as soon thereafter as practicable, on the petition of Russell V. Hughes, President of Hughes, Inc., to close, vacate and abandon a portion of a public right-of-way hereinafter described, and renounce and disclaim any right of St. Lucie County and the public in and to the lands lying within that portion of said public right-of-way in St. Lucie County, Florida, being more particularly described as follows: THAT PORTION OF AVENUE C OF HOME ACRES UNIT 2 RECORDED IN PLAT BOOK 7, PAGE 28 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, LYING WEST OF ANGLE ROAD (STATE ROAD 607A) All interested parties may appear and be heard at the time and place above specified. Written comments received in advance of the public hearing will also be considered. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. (INSERT MAP) BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA /s/ PAULA LEWIS, CHAIRMAN PUBLISH DATE: March 19, 2004 18 pt type for heading No smaller than 2 column inches wide by 10 inches long PROOF: St. Lucie County Property Acquisition Division 2300 Virginia Avenue Fort Pierce, FL 34982 (561) 462-1440 (fax) BILL: St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 COPIES TO: County Administrator County Attorney 1 ►E5 TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO.eg DATE: March 2, 2004 REGULAR [] PUBLIC HEARING [] CONSENT [XX] PRESENTED BY: Daniel S. McIntyre SUBJECT: Interlocal Agreement with City of Vero Beach - Water Service to Crook Property on North Hutchinson Island BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board approve the Interlocal Agreement and authorize the Chairman to sign the Agreement. COMMISSION ACTION: APPROVED [ } OTHER: [ ] DENIED Approved 5-0 Kouglas Anderson County Administrator Review and Approvals County Attorney: Management & Budget Purchasing: Originating Dept Utility Services Dir.: County Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 n E5 --vim • _- T iL _ :O , iR ;t ;D A INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 04-276 DATE: February 20, 2004 SUBJECT: Interlocal Agreement with City of Vero Beach - Water Service to Crook Property on North Hutchinson Island BACKGROUND: Attached is an Interlocal Agreement between the County and the City of Vero Beach. The Agreement allows the City to provide water service to the Crook property located on North Hutchinson Island in St. Lucie County until County service becomes available. RECOMMENDATION/CONCLUSION : Staff recommends that the Board approve the Interlocal Agreement and authorize the Chairman to sign the Agreement. Respectfully submitted, Daniel S. McIntyre County Attorney / DSM/caf Attachment INTERLOCAL AGREEMENT THIS AGREEMENT is entered intothis day of , 2003, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, CITY OF VERO BEACH, municipal corporation (the "City"), and MARK A. CROOK -and CAROLANNE L. SYKES, (the "Owner"). WHEREAS, Mark A. Crooks and Carolonne L. Sykes, are the owners of certain property in unincorporated St. Lucie County on North Hutchinson Island adjacent to Indian River County, as described in Exhibit "A" (the "Property"); and, WHEREAS, pursuant to Chapter 153, Florida Statutes, the County is empowered to provide water and sewer service within unincorporated St. Lucie County; and, WHEREAS, Owner has requested St. Lucie County to provide water and sewer service to the Property, but the County does not have the facilities at this time to provide such service; and, WHEREAS, the City is willing to provide service to the Property, provided the County consents to the City providing such service in unincorporated St. Lucien County; and, WHEREAS, the County is willing to consent to the City providing service to the Property, provided that Owner agrees to connect to County water and sewer service when such service becomes available. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein,the parties agree as follows: 1. This Agreement is entered into pursuant to Section 163.01, Florida Statutes, the Florida Interlocal Cooperation Act. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligation other than those contained therein, and this Agreement shall supersede all previous telecommunications, representations or agreements, either verbal or written, between the parties hereto. 2. The County hereby consents to the City providing water and sewer service to the Property. g:\atty\agreemnt\interloc\vero beach - Crook -Sykes 1 M M 3. The City agrees to provide water and sewer service to the Property, subject to all of the policies and requirements of the City. The City further agrees to discontinue this service to the Property when the County service becomes available and when requested to do so by Owner. 4. Owner agrees to disconnect from City water and sewer service and connect to County water service when County service is available and when requested to do so by the County. This connection to County service shall be at the expense of Owner and subject to St. Lucie County Utilities Services water and wastewater policies. This Agreement shall be binding on all successors to Owner's interest in the Property. 5. This Agreement may only be amended by a written document signed by all parties and filed with the Clerks of the Circuit Courts of St. Lucie and Indian River Counties, Florida. 6: All notices, requests, consents and other communications required or permitted under this Agreement, shall be in writing (including telex and telegraphic communication) 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, and addressed to: AS TO COUNTY County Administrator 2300 Virginia Avenue Administration Building Annex Fort Pierce, Florida 34982 9Aatty\o9reernnt\inter1oc\vero beach - Crook -Sykes PAI WITH A COPY TO: .St. Lucie County Attorney 2300 Virginia Avenue Administration Building Annex Fort Pierce, Florida 34982 St. Lucie County Utility Director 2300 Virginia Avenue Administration Building Annex Fort Pierce, Florida 34982 in M AS TO CITY: City Manager/Utilities Director P. 0. Box 1389 Vero Beach, Florida 32961-1389 AS TO OWNER: Mark A. Crook and Carolanne L. Sykes Poachers Lodge, Back Lane Higher Whitley, NR Warrington Cheshire, England WA4 4QL WITH A COPY TO: Assistant City Manager P. 0. Box 1389 Vero Beach, Florida 32961-1289 City Attorney City of Vero Beach .P. 0. Box 1289 Vero Beach, Florida 32961-1289 onto 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 telecommunicated if by telegraph, (c) on the date of transmission with confirmed answer back if by telex, and (d) on the date upon which the return receipt is signed or delivery is refused, or if the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 7. This Agreement shall be filed with the Clerks of the Circuit Court of St. Lucie and Indian River Counties, Florida, prior to its effectiveness. IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of. the date stated below. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman gAotty\ogreemnt\interloc\vero beach - Crook -Sykes 3 m m WITNESSES: A is APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney CITY OF. VERO BEACH BY• ' Mayor APPROVED AS TO FORM AND CORRECTNESS: BY: City Attorney WITNESSES: A40kaj WXI�lff 116A Ur rc,1 , & ems /'Amc B �JlNGN AMl nfo2i H�tc-tt M. Ci / kF CW 9 Gl H E V BY;: ,3,e. ;c.:`� c:4ic"��+.�Lt Car( L,2, A 't g:\atty\ogreemnt\interloc\vero beach - Crook -Sykes 51 L. Sykes NM ...................... 9.... ........� S. M. UZAH M CIO Comm# DD02SWO Bondod thru (SW)432.4254C Florida Notary Assn.. Inc Nwnauuuu.....om.•••• •.......n.i a�aq cq It Exhibit "A" THE SOUTH 100 FEET OF THE NORTH 800 FEET OF GOVERNMENT LOT 4, LYING EAST OF AIA, LESS AND EXCEPT RIGHT OF WAY OF STATE ROAD AIA, SAID LANDS SITUATE, LYING AND BEING IN ST, LUCIE COUNTY, FLORIDA, SUBJECT TO RESTRICTIONS, RESERVATIONS, CONDITIONS, AND EASEMENTS OF RECORD; ALL GOVERNMENTAL ZONING REGULATIONS, CONDITIONS, AND EASEMENTS OF RECORD; ALL . GOVERNMENT ZONING REGULATIONS, RESOLUTIONS AND ORDINANCES. g:\atty\agreemnt\interloc\vero beach - Crook -Sykes R M M AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney SUBJECT: South 251h Street Roadway Widening Midway Road to Edwards Road - Temporary Easement William R. Shanaver Tax I.D. No. 2429-441-0005-000/3 - Parcels 718/719 BACKGROUND: Please see attached memorandum ITEM NO. C2C DATE: March 2, 2004 REGULAR [ ] PUBLIC HEARING[ ] CONSENT [XX] PRESENTED BY: Daniel S. McIntyre County Attorney FUNDS AVAILABLE: Funds are available in 101006-4116-561007-4108 (Transportation Trust/Impact R/W) and 101006-4116-561002-4108 (Transportation Trust/Impact Abstract/Title) PREVIOUS ACTION: September 12, 2000 - Board of County Commissioners approved Joint Participation Agreement with FDOT to reimburse, design and construct the South 25th Street widening. RECOMMENDATION: Staff recommends that the Board approve the Purchase Agreement with William R. Shanaver in the amount of ONE THOUSAND THIRTY and no/100 DOLLARS ($1,030.00) as shown on the attached sketch and legal descriptions, authorize the Chairman to execute the Purchase Agreement and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 County Attorney: [XX] [XX] Originating Dept.: 'fmIL Finance: (Check for Copy only, if applicable) Eff. 5/96 Review and Approvals [XX] Public Works Director: [ ] Road & Bridge: CONCURREN ou s Anderson County Administrator [XX] County Engineer: mw [ ] OMB: &:\ACQ\WP\JoAnn\25th Street\Shanaver\Agenda Request.wpd *tor `rlo INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel 5. McIntyre, County Attorney DATE: March 2, 2004 SUBJECT: South 251h Street Roadway Widening Midway Road to Edwards Road - Temporary Easement William R. Shanaver Tax I.D. No. 2429-441-0005-000/3 - Parcels 718/719 BACKGROUND: As part of the Joint Participation Agreement between St. Lucie County and the Florida Department of Transportation (Department), the County agreed to acquire the necessary right-of-way for the South 251h Street Roadway Widening project in accordance with the Department's right-of-way acquisition procedures. On October 31, 2003, an offer was made to Mr. Wi Iliam Shanaver for two Temporary Easements in the amount of $455.00, which was based on the approved Value Finding Report prepared by Brian Mekarski, the County's Right -of -Way Consultant. The report was reviewed and approved by Daniel D. Fuller, MAI, as required by the Department's procedures. The purpose of the Temporary Easements is for tying in and harmonizing the existing driveways with the proposed road improvements. Subsequent to the County's offer, Mr. Shanaver indicated to the County's Right -of -Way Consultant, Brian Mekarski, that he would execute the agreement upon confirmation that the proposed slope of the driveway would allow ingress and egress of several boat trailers. Upon reviewing the proposed design plans for the driveway, it was determined that the trai lers would "bottom out" unless the area required for tying in and harmonizing of the driveways were extended. Recently, the County's Design Consultant, Inwood Engineering, revised the design of the driveways to accommodate the boat trailers, thus increasing the Temporary Easement area from 1,139 square feet to 2,859 square feet. n Page 2 William R. Shanaver Tax I.D. No. 2429-441-0005-000/3 - Parcels 718/719 On February 17, 2004, Mr. Shanaver submitted a counteroffer in the amount of $1,030.00, which represents a $575.00 increase over the County's offer. The counteroffer difference corresponds to the increase value of the Easements due to the enlarged area required for extending the two driveways. In discussing the counteroffer with Mr. Mekarski, he indicated that if he were to update the Value Finding Report based on the square footage of the revised area of the Temporary Easements, the estimated value of the two Easements would be $1,030.00. In order to save time and the expense of updating the Value Finding Report and submitting the report to Mr. Fuller for review, Mr. Mekarski had discussions with Mr. Shanaver and provided him the approximate value of the Easements for the counteroffer amount. In theory, Mr. Shanaver is agreeing to the County's value if the Value Finding Report was updated. RECOMMENDATION: Staff recommends that the Board approve the Purchase Agreement with William R. Shanaver in the amount of ONE THOUSAND THIRTY and no/100 DOLLARS ($1,030.00) as shown on the attached sketch and legal descriptions, authorize the Chairman to execute the Purchase Agreement and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. Respectfully submitted, Daniel S. McInty County Attorney, G:\ACQ\WP\JoAnn\25th 5treet\5hanaver\Agenda Memompd *1M m -____—___-- / t VOaop O" Eft 00 G`�ES (133-=1-000/9) 45.65 Ac (421-000/-000/3) 9.67 Ac (431.0030-000/6) 35.76 Ac TEN MILE CPED: ♦g.w a t: AN At NO K) — (411-0001-000/21 (4/2-00191-"15) 1.78 Ac ` a• N 6.22 Ac A I Iw " wI p I e4 P� I .a• /6) I pp0 V Y.OI A p0o3 (l,'C I (411 aoa�/g) � ' I p i (411p'2^ a�a- I - 4I w I _ - o (411-0004-000/3) I (412.0002.000/2) 10.18 AC WI 7.71 Aczi I =I - G I Iw p I N co CV ,3,. 1.1 pa: (441.000/-000/5) In w I < 1- 4.54 Ac - w w ago• ax: w I V (441-0002-100/3) L 6 8 I - w 65a- N D . 3311 V) .Ot \ (441.0002-000/2/ t. 1442-0001-00018) \ .a .3,. Q I 4.33 Ac a�Oz \ (441-0003-000/9) .fit I \ ooi I xa.., \ $ (442-WO2.000/5) \ (441-0W5-A?0/3) 1.60 Ac .25 Ac 0p .07 I _ \\ . w �.1,444.00D�-000/4) � I \ I$ \ \ na4•00002-000/// v; I I 2.99 w I (40-0012-0000 4) ; � 56,400 nf9a0 � (? I (431-0060-000/5) 1 %r\ h^' / 16" \ I 42.38 Ac I 55.600' /e�' 29 \ 28g 9b k — 3Z 33 2429 I 71 55,575 0 l4424 \ � 3a.06 m - may. -010/5) I PREPARED FOR Om" S. iun" sr. uc6 �m ROOM M M15EA ST. LUNE COUNTY, FLORMA SHEET NUMBER L7�� ASSESSMENT MAP cart pM ISERds{SSRtn�y>EPAAM ([ c is `a1N��pt Eps{s�N"ii� �n"snrnal � CO INEDENRITDaNEPEOIRE5PO t5191LI TT OR EJPORS 01 mssloa SECTION � 1/2 of 28 TOWNSHIP RANGE 40 E 359 Pa,e t of 2 St. Lucie County, Florida PURCHASE AGREEMENT STATE ROAD NO.: 6_15(S 7 5 rh 4 r rP r ) PARCEL NO.: 718/719 THIS AGREEMENT is made by and between: William R. Shanaver hereinafter referred to as SELLER and the ST. LUCIE COUNTY for the use and benefit of the St. Lucie County, Fiorida, hereinafter referred to as the PURCHASER. WITNESSETH For and in consideration of the mutual convenants and conditions herein contained, SELLER hereby agrees to sell and PURCHASER hereby agrees to buy the following property or interest therein, upon the following terms and conditions: DESCRIPTION (a) PReal estate or interest therein, identified as parcel 718/719 and shown on Right of Way Maps for PROJECT: 79rh Srrper incorporated herein by reference. ❑ Fee Simple ❑ Permanent Easement (Section III.(b) does not apply) * Temporary Construction Easement (Sections ill.(b, c and d) do not apply) ❑ Leasehold Interest (Sections III.(b and c) do not apply) (b) ❑ Personal property identified as follows: (c) ❑ Outdoor Advertising structure identified by permit number: N/A (Section III.(b and c) do not apply) W0 II. PURCHASE PRICE (a) Amount to be paid by PURCHASER to SELLER at closing including fees and costs. $ 4 Se- V0 �30' (b) Amount.to be paid by PURCHASER to SELLER upon surrender of possession $ (c) Itemized purchase price, fees and costs ° - Land and Improvements $ C1_ 00 Real Estate Damages s (Severance/Cost-to-Cure) $ Business Damages $ Attorney Fees $ Appraiser Fees s ODA Structure $ Other $ (Specify) $ (Specify) 1Ts TOTAL PURCHASE PRICE INCLUDING o3e, u.• FEES AND COSTS $ yj<00 III. CONDITION_ S AND LIMITATIONS (a) It is mutually understood that execution of this Purchase Agreement by PURCHASER constitutes conditional acceptance and is subject to final agency acceptance. Final agency acceptance shall denote final approval of the purchase price an all terms and conditions contained in this Purchase Agreement and constitutes the effective date of this agreement. a closing on this contract shall not be transacted prior to final agency acceptance. Notice of final agency acceptance shall be evidenced by the signature of the Purchaser in Section VII herein and delivery to SELLER not sooner than 30 days from the date of the negotiator's signature in Section VI. N/A (b) SELLER is responsible for all taxes due and owning on the property as of the date of closing. O SELLER agrees that all current taxes for the year in which this agreement is made on the property acquired shall be prorated and SELLER agrees to pay his and/or her share of said prorated taxes as of the date of closing. 0 SELLER agrees to pay all taxes for the current year. Page 2 of 2 (c) SELLER is responsible for delivering unencumbered title to PURCHASER at closing. Any sums which PURCHASER must expend to clear encumbrances shall be deducted at closing from the purchaser price shown in Section II. Seller shall be liable for any existing encumbrances or any encumbrances arising after closing as a result of actions of the seller. The terms of this sub -section shall survive the closing. (d) Any extension of acceptance beyond the date of closing must be authorized by the PURCHASER in writing. During the period from the date of closing until the SELLER surrenders possession to the PURCHASER, the SELLER shall exercise diligent care in protecting the property from theft and vandalism.. All property, whether real or personal, included in this agreement shall be delivered to PURCHASER in the same condition existing as of the effective date of this agreement, less any reasonable wear and tear. (e) It is mutually understood that this property is necessary for transportation purposes and is being acquired under threat of condemnation, pursuant to Section 337.27, Florida Statutes. (f) The outdoor advertising structure owner shall provide an executed ODA Permit Cancellation(s) executed by the permit holder(s) and shall surrender or account for the outdoor advertising permit tag(s) at or prior to receipt of payment for the ODA structure. (g) Other: IV. CLOSING DATE This transaction shall be closed and the instrument of conveyance delivered within 60 days of the final agency acceptance. O This transaction shall be closed and the receipt of warrant acknowledgement delivered within 60 days of the date of final agency acceptance. V. TYPEWRITTEN OR HANDWRITTEN PROVISIONS Typewritten or handwritten provisions inserted herein or attached hereto as Addenda, and initialed by all parties, shall control all printed provisions in conflict therewith. All addenda, whether typewritten or handwritten, attached hereto must be referenced and initialed in this section. In addition, all addenda must be signed by both the Seller and Purchaser. There O is O is not an addendum to this agreement. VI. IN WITNESS WHEREOF, THE SELLER(S) have caused these presents to be executed in their respective name(s). Signature Date W1LL1 AVh 13. "�A+AA7AV12C Name (Please Type or Print) Social Security # / Federal Tax I.D.# SIZAISAVACE Signature Name (Type or Print) Social Security # / Federal Tax I.D. # ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ VII. FINAL COUNTY ACCEPTANCE Date CONDITIONAL ACCEPTANCE BY PURCHASER ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS BY: Name (Please Type or Print) DATE: IN WITNESS WHEREOF, St. Lucie County has caused these presents to.be accepted this _ day of BOARD OF COUNTY COMMISSIONERS, CHAIRMAN %w LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT (T.C.E.) 718 A" PARCEL OF LAND LYING IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 29; THENCE SOUTH 87027'59" WEST ALONG THE SOUTH LINE OF SAID SECTION 29, A DISTANCE OF 40.13 FEET TO THE INTERSECTION THEREOF WITH THE EXISTING WEST RIGHT OF WAY LINE FOR STATE ROAD 615 (SOUTH 25th. STREET); BEARINGS ARE BASED ON SAID SOUTH LINE OF SECTION 29 AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO; THENCE NORTH 00004'20" WEST ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 41.39 FEET; THENCE NORTH 02004'14" WEST, A DISTANCE OF 414.86 FEET; THENCE NORTH 00013'19" WEST, A DISTANCE OF 148.54 FEET TO A POINT ON THE SOUTH LINE OF A PARCEL OF LAND DESCRIBED IN OFFICIAL RECORD BOOK 923, PAGE 2413; ST. LUCIE COUNTY, FLORIDA PUBLIC RECORDS. SAID POINT ALSO BEING THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED TEMPORARY CONSTRUCTION EASEMENT 718. THENCE CONTINUE NORTH 00013'19" WEST ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 52.30 FEET; THENCE SOUTH 89019'46" WEST, DEPARTING SAID WEST RIGHT OF WAY LINE A DISTANCE OF 24.51 FEET; THENCE SOUTH 00013'19" EAST, A DISTANCE OF 50.63 FEET TO A POINT ON SAID SOUTH LINE OF OFFICIAL RECORD BOOK 923, PAGE 2413; THENCE SOUTH 86046'38" EAST ALONG SAID SOUTH LINE, A DISTANCE OF 24.55 FEET TO THE PIONT OF BEGINNING. - CONTAINING A TOTAL OF 1,261 SQUARE FEET MORE OR LESS. G. MAR IN BURDETTE FLORIDA SURVEYOR AND MAPPER •4136 DATE �e`j. 0 20o4 FEB. 2004 - REVISED BEARING BURDETTE & ASSOCIATES, INC. JAN. 2004 - REVISED BOUNDARY OF TCE 718 LEGAL DESCRIPTION AND SKETCH - T. C.E. 718 PREPARED FOR, ST. LUCIE COUNTY, FLORIDA BURDETTE & ASSOCIATES, INC. OFFICE CHECKED. SCALE. NOT TO SCALE E.C. G. M.B. 2295 GENESEA LANE' FIELD BOOK, DRAWING NO., VERO BEACH, FLORIDA 32963 615 T C E 718 DA TE, SHEET OF (772) 231-8750 FEBRUARY 2003 > 3 a:\TCE718.DGN 02/09/04 10:52:09 AM 60 30 0 %we 60 GRAPHIC SCALE - FEET r 0 N J I� LO POINT OF COMMENCEMENT S.E. CORNER N=1113951.115 E- 867109.272 NOT FOUND EXIST. WEST R/W LINE N 02023'50" E � J S.E. 114 OF THE S.E. 114 SECTION 29 TOWNSHIP 35 SOUTH, RANGE 40 EAST Bearing Basis: South Line of Section 29 (S 87027'59" W) EXIST. WEST R/W LINE \ ADDITIONAL R/W N00°04'20'"W ORB 725, PG. 2990 41.39' 414.86' N 02°04'14" W TIMl LINE -- o m S 87°27'59" W i i NE00°04'20'; W D i9---I CD 2615.16 12 — — — — — — — — — — poi — 1 8 — �40I 0 — _ ---_-- _ SURVEY N 00° 13' 19" W � f ---- r P.1. STA. I I8.58.26 — — -- S.R. 61 5 — — @ OF SURVEY S.R. 6-t5 (SOUTH 25TH. STREET)- , �' CD'—' REET z z �_ _ (S°_2 --__ 0=02045'11" (LT.) —I FT-1N=1113952.227 E= 867116.099 \ / N 00013'19" W FND. PKNLBW "LB6449" �0' 140' EXIST. EAST R/W LINE ABBREVIATIONS / LEGEND, t BASELINE z w CENTERLINE co m EXIST. EXISTING NOTE, I — ° FKA FORMALLY KNOWN AS BEARINGS SHOWN HEREON ARE BASED m C 0 m FND. FOUND ON FLORIDA STATE PLANE COORDINATE ;, u (TT ` N.S.L.R.W.M.D.= NORTHERN ST. LUCIE RIVER SYSTEM, EAST ZONE, NORTH AMERICAN - = WATER MANAGEMENT DISTRICT DATUM OF 1983/1990 READJUSTMENT.- I— P.0.8. POINT OF BEGINNING THE SOUTH LINE OF SECT]ON 29,E P.O.C. POINT OF COMMENCEMENT TOWNSHIP 35 SOUTH, RANGE 40 EAST D r R/W RIGHT OF WAY BEARS, SOUTH 87°27'59" WEST AND ALL m < SO. FT. SQUARE FEET OTHER BEARINGS SHOWN HEREON ARE M / T.C.E. TEMPORARY CONSTRUCTION RELATIVE THERETO. ° ! EASEMENT FEB. 2004 REVISED BEARING B ® SUBJECT PARCEL THIS IS NOT A SURVEY ✓AN. 2004 - REVISED BOUNDARY OF TCE 7I8 .LEGAL DESCRIPTION AND SKETCH - T. C.E. 718 PREPARED FOR, ST. LUCIE COUNTY, FLORIDA BURDETTE & ASSOCIATES, INC. OFFICE, CHECKED, SCALE,- E. C. G. M.B. 1" - 60' 2295 GENESEA LANE FIELD BOOK, DRAWING NO., VERO BEACH, FLORIDA 32963 615 T C E 718 (772) 231-8750 DATE, FEBRUARY 2003 SHEET 2 OF3 a:\TCE718.DGN 02/09/04 10:53:54 AM `�� S. E. 1 /4 OF THLNS. E. 1 /4 �,IE Co v G J° SECTION 29 6 TOWNSHIP 35 SOUTH, V) 60 30 0 60 RANGE 40 EAST ��ORI�P GRAPHIC SCALE - FEET SOUTH LINE OF 7 (8 ORB 923, PG. 2413 D.R.B. 923, PG. 2413 S 00013,191, E L 50.63' b -o o, v v EXIST. WEST �_� �� R/W LINE ol ^� 52,30, 96.13' N 00013'19"W N 00013'19"W 148.43' L _ �� ADDITIONAL R/W ORB 725_PG_2985 — POINT OF BEGINNING DETAIL SOUTH LINE OF D.R.B. 923, PG. 2413 z ORB 923, PG. 2413 2 m o m OR8 288, PG. 23172096 a TEMPORARY o CONS TRUC TI ON EASEMENT Pc 1 1,261 SO. FT. EXIST. WEST R/W LINE 7 18 EXIST. WEST N 024 �4.86' W R/W LINE N 00°13'19"W 14BJ43" N00013'1911W N 00013'19"W 148.54' 96.13' 1 1 59.28' ORB 48PG. 2 t 4.87' (D) -------�--1 AB D125 �PG. 1965 115. 50 00' l D 1 25' (D) ORB 726 PG. 519 �4--- 1� —�—�-- 59.�5'lDl— BEGINNING I I I SECTION LINE N 00004'20" W 24 L25 (26 c� _ 2615_16' _I _ 1 t SURVEY N 00013'19" W ~' o----�--- S o n o 6 1 5 ---- z— ((S. 25th o STREET) — t — -71 — — — — — — — — — — — — — - N 00°13'19" W \4 EXIST. R/W LINE ABBREVIATIONS (CONTINUED) O.R.B. OFFICIAL RECORD BOOK FEB. 2004 REVISED BEARING G. PD) ASGSHOWN ON DEED THIS IS NOT A SURVEY ✓AN. 2004 REVISED BOUNDARY OF 7CE 718 LEGAL DESCRIPTION AND SKETCH — T. C.E. 718 PREPARED FOR, S/. L U C I E COUNTY, FLORIDA_ BURDETTE L� ASSOCIATES, INC. OFFICE C . C RECRED, G . M . B . SCACE,E. r ' = 60' 2295 G ENES EA LANE FIELD BOOK, DRAWING NO., VERO BEACH, FLORIDA 32963 6 15 T C E 7 18 DATE. FEBRUARY 2003 SHEET 3 F O3 (772) 231-8750 a:\TCE718.DGN 02/09/04 10:54:31 AM %woo "w%/ LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT (T.C.E.) 719 A PARCEL OF LAND LYING IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 29; THENCE SOUTH 87027'59" WEST ALONG THE SOUTH LINE OF SAID SECTION 29, A DISTANCE OF 40.13 FEET TO THE INTERSECTION THEREOF WITH THE EXISTING WEST RIGHT OF WAY LINE FOR STATE ROAD 615 (SOUTH 25th. STREET);,BEARINGS ARE BASED ON SAID SOUTH LINE OF SECTION 29 AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO; THENCE NORTH 00004'20" WEST ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 41.39 FEET; THENCE NORTH 02004'14" WEST, A DISTANCE OF 414.86 FEET; THENCE NORTH 00013'19" WEST, A DISTANCE OF 148.54 FEET TO A POINT ON THE SOUTH LINE OF A PARCEL OF LAND DESCRIBED IN OFFICIAL RECORD BOOK 923, PAGE 2413; ST. LUCIE COUNTY, FLORIDA PUBLIC RECORDS; THENCE CONTINUE NORTH 00013'19" WEST, A DISTANCE OF 84.75 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED TEMPORARY CONSTRUCTION EASEMENT 719. THENCE CONTINUE NORTH 00°13'19" WEST ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 63.68 FEET TO A POINT ON THE NORTH LINE OF SAID LANDS DESCRIBED IN OFFICIAL RECORD BOOK 923, PAGE 2413; THENCE SOUTH 87015'16" WEST ALONG SAID NORTH LINE, A DISTANCE OF 25.36 FEET; THENCE SOUTH 00013'19" EAST, DEPARTING SAID NORTH LINE, A DISTANCE OF 62.47 FEET; THENCE NORTH 89°59'44" EAST, A DISTANCE 25.33 FEET TO THE POINT OF BEGINNING. CONTAINING A TOTAL OF 1,598 SQUARE FEET MORE OR LESS. G. MARTIN BURDETTE FLORIDA S RVEYOR AND MAPPER #4136 DATE: l IZ D BURDETTE B SSOCIATES, INC. JAN. 2004 - REVISED BOUNDARY OF TCE 7/9 LEGAL DESCRIPTION AND SKETCH - T. C.E. 719 PREPARED FOR,-ST. LUCIE COUNTY, FLORIDA BURDETTE & ASSOCIATES, INC. OFFICE, CHECKED, SCALE, NOT TO SCALE G. M.B. 2295 GENESEA LANE FIELD BOOK, DRAIY/NG NO., VERO BEACH, FLORIDA 32963 6 15 T C E 719 (772) 231-8750 1 DATE." F E B R UA R Y 2003 SHEET > OF 3 \25TH\P0STDESIGN\TCE719.DGN 01/12/04 10:12:54 AM 60 30 0##Aw 60 GRAPHIC SCALE - FEET T� POINT OF COMMENCEMENT S.E. CORNER SECTION N=1113951.115 E= 867109.272 NOT FOUND _I i EXIST. WEST R/W LINE N 02023'50" E f \ I.7 ------ o 81 18 _ S.E. 114 OF THE S.E. 1 /4 SECTION 29 TOWNSHIP 35 SOUTH, RANGE 40 EAST . Bearing Basis: South Line of Section 29 (S 87027'59" W) EXIST. WEST R/W LINE i ADDITIONAL R/W N00104 ' 20 "W ORB 725, PG. 2990 41.39' 414.86' N 02004'14" W SEC71ON LINE S 87027'59" W N 00°04'20 W D 40. 13' o I „Ir, 2615. 16' 12 1 —I � SURVEY N 000 13>_I 9" W— — — — P. I . STA. 118;58.26 _ _ r S R 15 — — @ OF SURVEY S.R. 6-h5 ( SOUTH 25TH. STREET) = , z o o ° ° �-, ( S° 2 5 t h° S T R E E_T _ z 0=02 45'II" (LT. --_ ----- 1T-I N=1113952.227 E= 867116.099 \ / N oo°13'19" W FND. PKNL8W "LB6449" 140' EXIST. EAST R/W LINE 0' ABBREVIATIONS / LEGEND, @ BASELINE N I I Z = CENTERLINE W n EXIST. EXISTING NOTE. I — ° FKA FORMALLY KNOWN AS BEARINGS SHOWN HEREON ARE BASED X CD X FND. FOUND ON FLORIDA STATE PLANE COORDINATE , I Fes( `= N N.S.L.R.W.M.D.• NORTHERN ST. LUCIE RIVER SYSTEM, EAST ZONE, NORTH AMERICAN = F- ° -a WATER MANAGEMENT DISTRICT DATUM OF 1983/1990 READJUSTMENT. ^' f— P.O.B. POINT OF BEGINNING THE SOUTH LINE OF SECTION 29, -ZE P.O.C. . POINT OF COMMENCEMENT TOWNSHIP 35 SOUTH, RANGE 40 EAST- I D r- R/W RIGHT OF WAY BEARS SOUTH 87027'59" WEST AND ALL ? m SO. FT. SQUARE FEET OTHER BEARINGS SHOWN HEREON ARE M / T.C.E. = TEMPORARY CONSTRUCTION RELATIVE THERETO. ° / EASEMENT ✓AN. 2004 - REVISED BOUNDARr OF TCE I19 ® SUBJECT PARCEL THIS IS NOT A SURVEY LEGAL DESCRIPTION AND SKETCH - T. C.E. 719 PREPARED FOR, n T, L U C l E COUNTY, FLORIDA_ BURDETTE & ASSOCIATES, INC. OFFICE, CRECG M.B. SCALE, E. C. G. 2295 G ENES EA LANE FIELD BOOR, DRAWING NO., VERO BEACH, FLORIDA 32963 6 15 T C F 7 19 (772) 231-8750 DATE, FEBRSHEET OFUARY 2003 2 3 \25TH\POSTDESIGN\TCE719.DGN 01/12/04 10:13:24 AM `�� _ GIE CO S. E. 1 /4 OF TS. E. 1 /4 J G SECTION 29 ? N `� d6 TOWNSHIP 35 SOUTH, 60 30 0 60 RANGE 40 EAST �� 0 1 GRAPHIC SCALE - FEET N �T m z 71 9 = SOUTH LINE OF m O. R. 8. 923, PG. 2413 a w T S 00013'1911 E 62.47' NORTH LINE OF O.R.B. PG. 2413 POINT OF .923, 6 EXIST. WEST BEGINNING R/W LINE 84.75' 63.68, N 00°13'19"W N 00°13'19"W 148.43' — — — — — — — L — — — — — — — — — — — — — — — — — DETAIL NORTH LINE OF SOUTH LINE OF ORB 923, PG. 2413 D.R.B. 923, PG. 2413 z O.R.B. 923, PG. 2413 Z o TEMPORARY m m ORB 288, PG. 2311 CONSTRUCTION EASEMENT ORB 1204, g m 1,598 SO. FT. PG. 2096 EXIST. WEST R/W LINE EXIST. WEST 7 9 R/W U NE N 074�4.B6" W N 00°13'19"W I 1148.43 13'19"W N 00°13'19'"W I48.54' 84.75'�_NOOQ 59.28' ADDITIONAL fl/N 14.87'(D) — — — ORB 148, PG. 241L� — — I ADDITIONAL H/A 15.25'(D1 7 _ _ _�- 150_00' (D �— OR�926, P 1�9 AB 725, PG. 2985 SECTIONB LINE �0260526 , W 12 4 o BEGINNING 5 — c----`" 5 ----_ —�2 — — — — — — — — k SURVEY N 00-13'19" W --- —�----�— — f--r-------- _____ — — — - �— S o R ° 615 H z I ((S° 25tho STREET) 11' — — — — — — -- c� N 00°13'19" W EXIST. R/W LINE ABBREVIATIONS (CONTINUED) O.R.B. OFFICIAL RECORD BOOK PG. PAGE (D) AS SHOWN ON DEED ITHIS IS NOT A SURVEY JAN. 2004 - REVISED 60UNDARY OF TCE 719 LEGAL DESCRIPTION AND SKETCH - T.C.E. 719 PREPARED FOR, n T, L U C l E COUNTY, F L 0 R l D A BURDETTE & ASSOCIATES, INC. OFFICE, E. C. cREC,rED, G. M. B. SCALE, 1" = 60' 2295 GENESEA LANE FIELD 8OOK, DRAWING NO., VERO BEACH, FLORIDA 32963 6 15 T C E 719 DATE, FEBRUARY 2003 SHEET OF 3 3 (772) 231-8750 \25TH\POSTDESIGN\TCE719.DGN 01/12/04 10:13:53 AM M AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. C2D DATE: March 2, 2004 REGULAR [ ] PUBLIC HEARING[ ] CONSENT [XX] PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney Daniel 5. McIntyre County Attorney SUBJECT: South 251h Street Roadway Widening Midway Road to Edwards Road - Temporary Construction Easement 3D Development & Leasing Corporation - Tax I.D. No. 3403-502-0094-100/3 Parcel 701 - Resolution No. 04-71 BACKGROUND: Please see attached memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: September 12, 2000 - Board of County Commissioners approved Joint Participation Agreement with FDOT to reimburse, design and construct the South 251h Street widening. December 9, 2003 - Board of County Commissioners approved the Purchase Agreement for the Temporary Construction Easement. RECOMMENDATION: Staff recommends that the Board accept the Temporary Construction Easement, authorize the Chairman to sign Resolution No. 04-71 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: ['APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 [XX] County Attorney: [XX] Originating Dept.: J Finance: (Check for Copy only, if applicable) Eff. 5/96 Review and Approvals [XX] Public Works Director:= [ ] Road & Bridge: !1 CONCURRENCE' Dougl Anderson County Administrator [XX] County Engineer: 1% [ ] OMB: G:\ACQ\WP\JoAnn\25th 5treet\31) Development & Leasing\Agenda Request Accept Temporary Construction Easement.wpd err' A. INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel 5. McIntyre, County Attorney DATE: March 2, 2004 SUBJECT: South 251h Street Roadway Widening Midway Road to Edwards Road - Temporary Construction Easement 31) Development & Leasing Corporation - Tax I.D. No. 3403-502-0094-100/3 Parcel 701 - Resolution No. 04-71 BACKGROUND: As part of the Joint Participation Agreement between St. Lucie County and the Florida Department of Transportation (Department), the County agreed to acquire the necessary right-of-way, Permanent Easements, and Temporary Construction Easements for the South 25th Street Roadway Widening project in accordance with the Department's right-of-way acquisition procedures. On December 9, 2003, the Board of County Commissioners approved the Purchase Agreement for the Temporary Construction Easement on Parcel 701. Attached for your review and acceptance you will find the Temporary Construction Easement executed by 31) Development & Leasing Corporation. RECOMMENDATION: Staff recommends that the Board accept the Temporary Construction Easement, authorize the Chairman to sign Resolution No. 04-71 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. ully submitted Daniel S. Mc County Atto G:\ACQ\WP\JoAnn\25th 5treet\3D Development & Leasing\Agenda Request Memo Accept Temporary Construction Easement.wpd *40, Florida, that: RESOLUTION NO. 04-71 A RESOLUTION ACCEPTING A TEMPORARY CONSTRUCTION EASEMENT FOR SOUTH 25T" STREET ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, The foregoing TEMPORARY CONSTRUCTION EASEMENT is duly accepted on behalf of St. Lucie County this 2"d day of MARCH, 2004. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY. Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney G:\ACQ\WP\JoAnn\25th Street\31) Development & Leasing\Resolution No. 04-71.wpd M n This instrument prepared by: JoAnn Riley under direction of Daniel S. McIntyre, County Attorney St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 PROJECT: South 251h Street FROM: 3D Development & Leasing Corporation PARCEL NO.: 701 TEMPORARY CONSTRUCTION EASEMENT THIS EASEMENT, made this C.L— day of 2004, by 30 DEVELOPMENT & LEASING CORPORATION, a Florida Corporation, whose address is 2514 Oleander Boulevard, Fort Pierce, Florida 34982, hereinafter referred to as GRANTOR, and ST. LUCIE COUNTY, a political subdivision of the State of Florida, whose mailing address is 2300 Virginia Avenue, Fort Pierce, Florida 34982, hereinafter referred to as GRANTEE. WITNESSETH That the grantor, for and in consideration of One ($1.00) Dollar and other good and valuable consideration do(es) hereby give, grant, bargain and release to grantee, its agents, assigns, contractors and sub -contractors, a temporary construction easement to enter upon that portion of certain lands owned by the grantor being described as follows: SEE ATTACHED EXHIBIT "A" for the purpose of tying in and harmonizing said property, thereon with construction of roadway and appurtenant facilities within existing right-of-way. This Easement is granted upon the condition that the sloping and/or grading upon the above land shall not extend beyond the limits outlined above and that all grading or sloping conform to all existing structural improvements within the limits designated, and all work will be performed in such a manner that existing structural improvements will not be damaged and the Grantee shall not interfere with or obstruct Grantors ingress and egress to Grantor's property. 1 n In This Easement shall expire upon the completion of the construction of the above referenced road construction project. IN WITNESS WHEREOF, the undersigned Grantors have hereunto set their hands and seals this day of 1 , 2004. Signed, sealed, and delivered in our presence as witnesses: ITNESS CONSTANCE STEWART (Print Name) W NE JACQUELYN BREWER (Print Name) STATE OF FLORIDA COUNTY OF o ]� 4 AOI-Q- 3D DEVELOPMENT & LEASING CORPORATION a Florida Corporation l Title: [ CORPORATE SEAL ] The foregoing instrument was knowledged before me this 4;�( day of 2004, by T)0 K r, V 2� 1 as e51 �_�>�" of 30 DEVELOPMENT LEASING CORPORATION,a Florida Corporation, who is personally known to me or who has produced a Drivers License issued within the last five years as identification. (NOTARY PUBLIC) SEAL P CONSTANCE B. STEWART MY COMMISSION # DD 240463 ,•as EXPIRES: August 11 2007 Rf Bonded Thru Notary Public Underwriters Notary Public ONSTANCE STEWART (Print, Type or Stamp Name of Notary Commission No: My Commission Expires: &:\ACQ\WP\JoAnn\25th Street\31) Development & Leasing\Temporary Construction Easement.wpd m LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT (T.C.E.) 701 BEING A PORTION QUARTER OF SECTION ST. LUCIE COUNTY, AS FOLLOWS: OF THE SOUTHWEST QUARTER OF THE 4, TOWNSHIP 36 SOUTH, RANGE FLORIDA AND MORE PARTICULARLY NORTHWEST 40 EAST, DESCRIBED COMMENCING AT A FOUND PK NAIL 8 WASHER STAMPED "PCP LB4286" AT THE WEST QUARTER CORNER OF SAID SECTION 4; THENCE NORTH 00°14'50 WEST, A DISTANCE OF 54.01 FEET ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 4. BEARINGS ARE BASED ON SAID WEST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 4 AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO; THENCE NORTH 89°45'10" EAST, A DISTANCE OF 40.00 FEET TO A POINT ON THE EXISTING EAST RIGHT OF WAY LINE FOR STATE ROAD 615 (SOUTH 25TH. STREET); THENCE NORTH 00014'50" WEST ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 350.59 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED TEMPORARY CONSTRUCTION EASEMENT 701, THENCE CONTINUE NORTH 00°14'50" WEST ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 86.18 FEET; THENCE NORTH 89°45'10" EAST DEPARTING SAID EAST RIGHT OF WAY LINE A DISTANCE OF 23.00 FEET; THENCE SOUTH 00°14'5011 EAST, A DISTANCE OF 86.18 FEET; THENCE SOUTH 89045'10 WEST, A DISTANCE OF 23.00 FEET TO THE POINT OF BEGINNING. CONTAINING A TOTAL OF 1,982 SQUARE FEET MORE OR LESS G. MA TIN BURDETTE FLORIDA SU VEY R AND MAPPER #4136 DATE: ��� BURDETTE 8 ASSOCIATES, INC. LEGAL DESCRIPTION AND SKETCH - T. C.E. 701 PREPARED FOR, S T. L U C I E COUNTY, FLORIDA BURDETTE & ASSOCIATES, INC 2295 GENESEA LANE VERO BEACH, FLORIDA 32963 (772) 231-8750 OFFICE, E. C FIELD BOOK, CHECKED, ISCAL E, G. M. B. NOT TO SCALE DATE, FEBRUARY 2003 DRAWING NO., 615TCE701 SHEET 1 OF 2 \PARCELS802\tces\TCE701.dgn 06/25/03 03:51:59 PM A S 89054'42" W 11 �IMM Co - NORTH LINE S.E.1 1 �:t E /4, N.E. 5 fir+' 1 of r J�'IE SECT SECTION �, w1 TOWNSHIP 3 OUTH, I J, I o RANGE 40 EAST ABBREVIATIONS / LEGEND, VARIES 40• O 11 ?I = BASELINE RIpP = CENTERLINE w I 1 J1 EXIST. EXISTING z 1 1 I v S 89°45' 10" W FKA = FORMALLY KNOWN AS LL I I 1 I 23.00' f ND. FOUND N N.S.L.R.W.M.D.- NORTHERN ST. LUCIE RIVER I -- I ( TEMPORARY WATER MANAGEMENT DISTRICT I I� w Li CONSTRUCTION EASEMENT P.O.B. POINT OF BEGINNING o I I — o CD 1982 SO. FT. CDLrCD Co P.O. C. = POINT OF COMMENCEMENT Ln N I 1LIJ 701 6 R/W = RIGHT OF WAY X 11� o 0 oD o °' SO. FT. = SQUARE FEET Q 1= o 0 0 T.C.E. TEMPORARY CONSTRUCTION 1 1 z z n EASEMENT I ® SUBJECT PARCEL 1 IL z l S 89°45' Iw 11" � J 1 23.00' BearingNT Basis: I�� y I w1 ICC z IU OF BE6IINNING West L1ne of Section 4 11 w z (N 00014'50" W) IN �0 NOTE, w 1"' BEARINGS SHOWN HEREON ARE BASED I1r I� ON FLORIDA STATE PLANE COORDINATE 114- NI U-) a SYSTEM, EAST ZONE, NORTH AMERICAN 11N �� w OF II � THE WET LINE3/10990THERSOUDTHWESTNT POINT OF COMMENCEMENT 11� 1 0 QUARTER OF THE NORTHWEST QUARTER P.I. STA. 36+45.3D III X OF SECTION 4, TOWNSHIP 36 SOUTH, @ OF SURVEY S.R. 615 �� 1 z w RANGE 40 EAST BEARS, (SOUTH 25th. STREET)- III, I NORTH 00014'50" WEST AND ALL OTHER EAST 1/4 CORNER SECTION 5 11_ 1 BEARINGS SHOWN HEREON ARE =00"02'00" (LT.) VARIE i°40. RELATIVE THERETO. N-1105742.119 I E- 867001.771 11� FND. PK NAIL & WASHER II "PCP LB 4286" 11u I� I N89°45' 1 0"E (1 n EXIST. R/W LINE 33• 40.00' ---1 L---- EXIST. R/W LINE S 89°50'53" W —p — —�$ — S 89 53 36" E o ° N 00 14'50"W S 89°59'23" W (QUARTER SECT1 N Lti1NE) =— 4.01' 31 N 89°4326" E (0 ARTERI 3SECT 10N LINE) S 89059'23" W (BASELINE) S 89150'53" W (BASELINE) S.R. 712 MIDWAY ROAD e - EXIST. R/W LINE - — — — —--- —_—_—_—_— — — — --- — � -- ®-� N 89°59' 23 " E N 89050'53" E 25 /4 • STA. 36+44. 48 EXIST. R/W LINE �IJ35 -IF a OF SURVEY S.R. 615 I� 1 00 50 100 (SOUTH 25th. STREET)- 0 STA. 30400.00 II I @ OF SURVEY S.R. 712 NM I (MIDWAY ROAD) GRAPHIC SCALE - FEET � oN I N-1 105741.299 I� i1Q z 1 E= 867001.774 NOT SET THIS 1S NOT A SURVEY LEGAL DESCRIPTION AND SKETCH - T. C.E. 701 PREPARED FOR. /'1 T, LUCIE COUNTY, FLORIDA_ OFFICE, CHECKED, SCALE. BURDETTE & ASSOCIATES, INC. E. C. G. M. B."" TD0" 2295 GENESEA LANE FIELD BOOK, DRAWING NO. VERO BEACH, FLORIDA 32963 6 1 5 T C E 7 0 1 DATE, SHEET OF (772) 231-8750 FEBRUARY 2003 2 2 .APARCELS802\tces\TCE701.dgn 06/25/03 03:54:35 PM AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. C2E DATE: March 2, 2004 REGULAR[ ] PUBLIC HEARING [ ] CONSENT [XX] PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Edwards & Selvitz Road Intersection Improvement Project MacAdie/McAdie (right-of-way) - Part of Tax I.D. No. 2430-141-0001-000/8 BACKGROUND: Please see attached memorandum FUNDS AVAILABLE: Funds will be made available in: 101002-4112-563002-4114 (Transportation Trust/Constitutional/Title) 101002-4112-563007-4114 (Transportation Trust/Constitutional/Land) PREVIOUS ACTION: February 12, 2002 - Board of County Commissioners approved the Contract for Sale and Purchase for right-of-way and a stormwater retention pond from Lita R. Nicholson. September 16, 2003 - Board of County Commissioners approved the Contract for Sale and Purchase for right-of-way and a corner clip from Christian Fellowship Alive Ministries, Inc. RECOMMENDATION: Staff recommends that the Board approve the Contract for Sale and Purchase of the MacAdie/McAdie right-of-way for $5,300.00 as shown on the attached sketch and legal, authorize the Chairman to execute the Contract and direct staff to close the transaction and record the closing documents in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: ] APPROVED [ ] DENIED [ ]OTHER: Approved 5-0 [XX] County Attorney: [XX] Originating Dept.: Finance: (Check for Copy only, if applicable) Eff. 5/96 Review and Approvals j� [XX] Public Works Director: 14 A [ ] Road & Bridge: CONCURRENCE: Doug s Anderson County Administrator [XX] County Engineer: /ff • [ ] OMB: &:\ACQ\WP\JoAnn\Edwards & Selvitz Rood\MacAdie Agenda Request.wpd err/ in TO: Board of County Commissioners INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA FROM: Daniel S. McIntyre, County Attorney DATE: March 2, 2004 SUBJECT: Edwards & 5elvitz Road Intersection Improvement Project MacAdie/McAdie (right-of-way) - Part of Tax I.D. No. 2430-141-0001-000/8 BACKGROUND: The Engineering Division requested the acquisition of additional right-of-way for the proposed Edwards & Selvitz Road Intersection Improvement Project. Attached for your review is the Contract for Sale and Purchase, a map showing the location of the right-of-way and the sketch and legal description. Florida Property Consultants Group prepared an appraisal and valued the corner clip and right-of-way at $3,100.00. In the negotiations with the property owner, they requested reimbursement for their attorney fees and appraisal review. RECOMMENDATION: Staff recommends that the Board approve the Contract for Sale and Purchase of the MacAdie/McAdie right-of-way for $5,300.00 as shown on the attached sketch and legal, authorize the Chairman to execute the Contract and direct staff to close the transaction and record the closing documents in the Public Records of St. Lucie County, Florida. Respectfully subm Daniel S. McIn County Attorn( &:\ACQ\WP\JoAnn\Edwards & 5elvitz Road\MacAdie Agenda Memo.wpd ✓195U.bl «.,.. AC r 763.42 - MO '9 . ` mx a° 7o . ».oe 6].W UOd3 m m neae b () 11-0002- {_ 77 g21-009- ? " GJ f172-0001-000/91 7o..n r121-0O17r�X70/61 i ab " 3{.a ¢ ea.3e- 3.89 AC e a7].r 9 T THOUSAND PRNES DRIVE $ (///.0�3- e° 07 w 4 i]°.7- ]3.. 7.7..0 _ m m eoaa ].. 010/2) ol ^ 2-0003- cc2M73 1]p°V ,eJ f/)/-0LL73-000/9/ 1.19 Ac 00/3J (122 0007-000/l1 "(/21-0002-" r0-0007- . (12h0008- . ^ 3ij q I a rt o a ' 000/3) OL'10/8/ R OW151 e m m 5." (//-0004 ��- 2-OCO 3w 706]3 se {e ae.� 7 .37 .ea.v 731.37 •" 4 VU2 nt.eo "L0° J 000/6) 8 (Bh000/-000/51 0221-=8-000/81 e " a 22 _ _ 1.90 Ac LAnO - 9.67 Ac S7 se.3 fe3 0.3 \ ` ,I 0005 9 (123-XOI- 00/21 3 ae ' 0?) ^R - -- : 0005 b n 33v.e (123 000200019) e r ae ae.3s ° a>• .. (121-0006+Gt70/ll --- " A (112-"1-0l0/U n 21 2-0006- 1a0'O LAND - 5.8 Ac 7.55 Ac )0014) 17 Ac �------,� 000/61 • g g �lI�-00_04 000/31 � z 7°3a � 8 9 N r-=J- LAND 3.4 Ac nzsows-' '7]-30• N 10/6) _ n.7{ x0 CGQ/Jl • v7 M7.3 a{. w w. sa.ae w.w aa.w I a.3• ]* 307.30• Y (/14-0003-000/8) (111 ox2- m 3.04 A n.. .85 Ac _ 000/1) _ 1.27 Ac I N$I u « o` S, ae /�wd 01 eo x f1IJ-000l-000/B 0003- 000/51 014-0004 ^.130.7 «-000/51.ava p7 "000/4) Q00/- o iel ] A " I p R �I RI ^ 1.23 Ac Z .I .�`Is. I "I •II' 0006R l'^• I I I I I I .86 Ac ODD/9 $3 " I I I I i I I I ]7J.77' t17 m.ev 3e.7 e7 m• m av Y w.i 30 tl].. .07 a{.0 w. {{.w {a. {u aa. {i. 1 _ _ N ~ 9. • - 2071 W .{... QSa9 �°° ^ °'°° '° Subject 1 ubject II3.ef m-OY II3.o9 1 W RlOe II3.0e W I fN z R T73-09 • TRACT 'A' Q3.09 t11 n c i 173.Oe R3.00 ,A s 'p y. $ eII 'R W " 3 R' (000/ ) O��B 7.09 Ac J II3.09 I73.Oe TL3.0{ T33.00 � 17 .00 r (lM-0r)02-0o0/51 4.50 Ac A p o . a r 4 33 R V A ` 4 16.53 Ac Q3.0{ II3.09 II 00 .09 T7 � g isP y m `T 9 Si = a a77 9 3 n.101 17100 II3.09 . P =i • II3.00 Y� 3 >i b 173 .01 y1 9 u R J a IIS.Oa A-0 , Y 9 i e7 p • - 7R7• � "I.el IS - T � e� 32 8 S it < IIS.o9 a II3.� Sve'I -•T 12 .2 41 n u44�aDDralDm S a ply' yz3 - _ _ � 11 3.19 Ac t 25 /5122 zT a . j rlj4 ° 000/21/ m 0012-, / a ' (134-0014-00010) a 000/61/ Ra LAND 70.45 Ac t9 e�2J t ° / WATER - 2.17 Ac �O r I "/ TOTAL 72.62 Ac ti~ a --�. •, i - .7.T 3DS °aICJa'1=�.7�w PREPARED FOR OOIIQAS S. NIIN7 ST. LUCIE =XTT RRwarT USRAlsm Il UCIE CO�1�N'I M9 lyLOR�DA 87.u SHEET NUWER / V VDV ASSESSMENT 1MICA(P RN`VJu`J'J THIS 4Y N{5 REEK PSE►p : pTMESSWTL7E[ESSiRILITREFI ECT� ANAlTUAi $U�R11YE(RPTOSETNE ST� LLUuC IE[ECUT, PROERTT aPPR41 R CIX7�A rUtLINED HE OIIRESVCN518ILI iT OR ERRORS a CYISSId13 SECCTION 1/ 2 ®(r 30 TOWNSHIP § �® S RANGE E 360 N 4 W W a sal9Qei A ! WS 9 W< W u3e>n't i Ipz it � dOkl01-J-1 •lg y°Jd y � L mau To NOLLdJIQ3p AdM dO 1}qM _ c°pmcaro a 436'OdOW 3H1 :10 HD13M Y Li W J U W � ° CD 2 uoo a t b MiMaY.{`e" I Q ,soIh Em2z Li ru M1 b of f� J o°O� ,J(��� /� _�eG � � ] n_ Z , Iu �-S p 'o I I O � I Q o zLLin� s SONIaV38 30 SIsVB M••bO.Zo.IOs C-)j — t0'04 Ob-SC-OC N01103S 3NIl 1SV3 M„tiO,Lb. 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No. 2430-141-0001-000/8 (part of) CONTRACT FOR SALE AND PURCHASE FOR REAL PROPERTY ACQUISITION THIS AGREEMENT made this day of 2004, between DOUGLAS W. MCADIE AND RANDAL R. MCADIE A/K/A RANDAL R. MACADIE EACH AS TO AN UNDIVIDED 1/3 INTEREST AND RANDAL R. MACADIE AND MANDY MACADIE HIS WIFE AS TO AN UNDIVIDED 1/3 INTEREST, whose mailing address is 4301 Edwards Road, Fort Pierce, Florida 34981, hereinafter referred to as SELLER and, ST. LUCIE COUNTY, a political subdivision of the State of Florida, whose mailing 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 a certain parcel or parcels of real property located in St. Lucie County, Florida being more fully described as: SEE ATTACHED EXHIBIT "A" together with all improvements and personal property located thereon as may hereinafter be specifically described. 1. PURCHASE PRICE AND METHOD OF PAYMENT. The full purchase price is FIVE THOUSAND THREE HUNDRED and no/100 ($5,300.00) DOLLARS, determined to be the total of the following: Real Property (Land) Other Improvements upon the Land (described, if any) Severance Damages Attorney Fees (E. Clayton Yates, P.A.) Appraisal Review (Harry Gray, M.A.I.) 3 100.00 N/A N/A 1 700.00 500.00 G:\ACQ\WP\JoAnn\Edwards d Selvitz Road\MacAdie Contractlwpd 1 payable in Cash or Cashier's check at the time of closing; plus or minus credits, adjustments and prorations as of the date of closing. 2. EXPENSES. PURCHASER shall pay for documentary stamps and recording fee on the Deed conveying the subject real property 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 noti f y 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 forty-five (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 title to PURCHASER by a good and sufficient statutory Warranty Deed, all G:\ACQ\WP\JoAnn\Edwards 6 Selvitz RoadWacAdie Contractlwpd 2 M real property to be free and clear of all liens and encumbrances except, taxes for the current year, and zoning ordinances. 5. LIENS. All certified liens or assessments and any pending liens for which work has been completed prior to the date of this contract, shall be paid by SELLER. SELLER shall make and deliver to PURCHASER a Mechanic's No -Lien Affidavit as to realty. 6. PRORATIONS. Taxes, rents, interest and other expenses or revenue of said property shall be prorated from the cash to close as of the date of closing. Credits and charges for the day of closing shall belong to and be borne by the SELLER. 7. RISK OF LOSS. SELLER assumes risk of any and all loss or damage prior to closing and the property shall be conveyed in the same condition as on the date of this contract, ordinary wear and tear excepted. 8. POSSESSION. SELLER shall deliver possession to PURCHASER at the closing. 9. CLOSING. The closing shall be on or before MARCH 31, 2004 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 and delivered, and the abstract shall become the property of the PURCHASER, subject to possessory rights and mortgagees of record. 10. 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. G:\ACQ\WP\7oAnn\Edwards S Selvitz Rood\MacAdie Contract3.wpd 3 M 11. ATTORNEY'S FEES. Either party failing to comply with the terms hereof will pay all expenses, including a reasonable attorney's fee, incurred by the other party because of that failure. 12. 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. 13. 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. 14. 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 15. 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. 16. ESCROW CLOSING. The cash proceeds of sale shall be held in escrow by the escrow agent for a period of no longer than G:\ACQ\WP\JoAnn\Edwards 6 Selvitz Road\MacAdie Controctlwpd 4 five (5) business days to allow the deed to the PURCHASER to be recorded and the abstract of title continued, at the expense of the PURCHASER, to show title in the PURCHASER, without any intervening encumbrances or change from the date of last continuation. If there should be any change, the parties shall have the same rights as provided elsewhere herein, when SELLER is unable to make title good and marketable. 17. RECISION. PURCHASER may rescind this contract if at the time of closing the SELLER is the subject of any insolvency, receivership or bankruptcy proceedings, or is deceased. 18. EXISTING MORTGAGES. SELLER hereby warrants that existing mortgages are in good standing and SELLER further agrees to keep them in good standing and to make all payments due thereunder; he shall either satisfy the mortgage or obtain a release of the subject property from the mortgage at or before closing. 19. REFUSAL OF SPOUSE. Failure or refusal of the wife or husband of any one of the SELLERS to execute the deed or any other required document, shall be deemed default of the SELLER. 20. OFFER TO SELL. SELLER and PURCHASER recognize and agree that by signing this agreement first, the SELLER is offering to sell the property described above to the PURCHASER in accordance with the terms and conditions of this agreement. If PURCHASER shall fail to approve this agreement within sixty (60) days after SELLER signs this agreement, this offer shall be null and void. 21. SELLER'S REPRESENTATIONS. (a) Annexed hereto and made a part hereof as Exhibit "B" is a list of all leases, tenancies, and occupancies affecting the rent, expirations, and security deposit if any, with respect to each such G:\ACQ\WP\JoAnn\Edwards G Selvitz Road\MacAdie Contractlwpd 5 tenancy or occupancy, which SELLER warrants and represents is true and correct. There are no other leases, occupancies, or tenancies except as reflected in said Schedule; and none will be agreed to prior to closing without PURCHASER'S consent. True and correct copies of all said leases, if any, have been delivered to PURCHASER; and SELLER warrants there are no modifications thereof. Unless otherwise reflected on said Exhibit "B", alterations, installations, and other work required to be performed by the SELLER under the provisions of any such lease, tenancy or occupancy have been or will, by the date of closing, be completed and fully paid for. No brokerage commission is now due and unpaid in connection with any lease, tenancy, or occupancy or any renewal thereof, nor with any other matter pertaining to the subject property and upon the closing date no such commission shall be due and unpaid. (b) SELLER has not entered into any contracts, subcontracts, licenses, concessions, easements, or other agreements, service arrangements, either recorded or unrecorded, written or oral, affecting the property other than those set forth in Exhibit "C" attached hereto made a part thereof. Each and every such contract or other instrument listed in Exhibit "C" is a valid, bona fide, and binding agreement entered into by the parties hereof, effected in good faith in an arms -length transaction. True and correct copies of said instruments have been delivered to the PURCHASER, and the SELLER represents that there are not now and will not be at the date of closing, amendments or modifications or any waiver by any party of any of the provisions thereof. (c) Neither SELLER nor the respective tenants nor parties to any of the agreements listed in Exhibits "B" or "C" attached hereto are in default under the terms of said Agreement or instrument. (d) None of the tenants on the premises have been given any concession or consideration for the rental of any space applying to any period after the closing; and no tenants are entitled to any concessions, rebates, allowances or free rent for any period after the closing hereunder. (e) SELLER warrants and represents that no other agreements concerning employees G:\ACQ\WP\JoAnn\Edwards 6 Selvitz Road\MacAdie Contractlwpd 6 SOW" *400 engaged in the operation and maintenance of the subject property or employment contracts exist, except as set forth in Exhibit "Y attached hereto, copies of which agreements have been delivered to the PURCHASER. (f) Annexed hereto and made a part hereof as Exhibit "E" is. a list of all policies of insurance now in full force and effect with respect to the property giving the company, amount and type of insurance, policy expiration date, premium and other relevant information delivered to PURCHASER true and accurate copies of all said policies and the premium shall be prorated as of the date of closing. (g) SELLER agrees with PURCHASER that from and after the date hereof and prior to closing, SELLER will not enter into any lease or agreement or any modification of any existing lease or agreement pertaining to the subject property without the written consent of PURCHASER. (h) Neither the whole nor any part of the subject property is now, and at the closing will be, in violation of any code, ordinance, statute, or regulation pertaining thereto; and SELLER has received no notice of any such violation. SELLER shall deliver to PURCHASER any such notice received prior to or after closing. (i) All of SELLER'S representations and warranties set forth in this Contract shall be true as of and surviving the closing, and all obligations of SELLER involving action or performance by SELLER prior to closing shall have been fully complied with. In the event that a lien, claim or cause of action should arise, resulting from the activities upon the property prior to closing or from any misrepresentations concerning the property contained herein, SELLER shall at its sole cost and expense defend against such claim or cause of action, and hold PURCHASER harmless therefrom, which shall include, but not be limited to, SELLER'S retaining such attorneys or other persons as may be required to fulfill this indemnification. If any of the representations of SELLER contained in this paragraph are inaccurate at the GAACQ\WP\JoAnn\Edwards d Selvitz Road\MacAdie Contract3.wpd 7 present time or as of the date of closing, PURCHASER may elect not to close this transaction in which event all parties shall be relieved from all obligations and liabilities hereunder; provided however, that nothing contained herein shall preclude PURCHASER from seeking specific performance of SELLER'S obligations hereunder so as to rectify any misrepresentation made by SELLER herein. 22. COMPLIANCE WITH ENVIRONMENTAL LAWS. As of and subsequent to the date of this Contract of Sale, the SELLER warrants and represents to the PURCHASER, its successors and assigns, that to the best of the SELLER'S knowledge and belief that there is no violation of Federal, State, and/or local environmental laws and/or regulations on the property. PURCHASER, at PURCHASER'S expense, shall have the right to have said items inspected, and if upon inspection such items do not meet the above representations, PURCHASER shall have the option of canceling this Agreement or PURCHASER may elect to proceed with the transaction. 23. CONFLICT OF LAWS. The parties hereto hereby agree that all legal rights, duties, obligations and defenses shall be determined pursuant to the Laws of the State of Florida. The covenants herein shall bind and the benefits and advantages shall inure to the respective heirs, executors, administrators and successors or the parties hereto. Whenever used, the singular shall include the plural, and the plural the singular and the use of any gender shall include all genders. 24. ACCESS. The PURCHASER agrees to grant access to the subject property from Edwards Road and from 5elvitz Road. The location for access from Edwards Road will be granted at Station 107 + 00. The location for access from Selvitz Road will be granted at Station 202 + 00. 25. DRIVEWAY IMPROVEMENTS. The PURCHASER agrees to improve the existing driveway located at Station 103 + 35. The 6:\ACQ\WP\JoAnn\Edwards h Selvitz RoadWacAdle Contractlwpd 8 improvements will consist of paving the driveway entrance and providing a culvert system for the driveway. 26. RELOCATION OF SIGNS. The PURCHASER agrees to modify the construction / improvements of the Edwards / Selvitz Road intersection to include relocating the existing signs near Stations 108 + 00 and 109 + 00. The signs will be relocated adjacent to the proposed 6-foot wide paved shoulder. IN WITNESS WHEREOF, the parties have hereunto affixed their hands and seals. EXECUTED by SELLER this �73 day of 2004. Witness DOU LAS W. CA E Witness STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this o12.day of 2004, by DOUGLAS W. MCADIE, who is personally known to me or who has produced a Drivers Lice issued within the last five years as identification. (NOTARY PUBLIC) SEAL Notar P I' .� /I �. .N•N..NN.•• •N .�f •N•IN • NA LYNN ALBAiT N (Print, Ty e or Stamp Name of Notary 4Kr / y''s C.OR1fl1N • ®` __ E)Om Ij,rAW Commission No: , a ftu((°�00► {� My Commission Expires: ..N....12 N NW-yM� �~ G:\ACQ\WP\JOAnn\Edwards 6 Selvitz Road\MacAdie Contract3.wpd n Witness Witness STATE OF FLORIDA RANDAL R. MCADIE A/K/A RANDAL R. MACADIE COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this _day o 2�/ 2004, by RANDAL R. MCADIE A/K/A RANDAL R. MACADIE, who is personally known to me or�whos produced a Drivers License issued within the last five years as identif15P o ;` // /�/ (NOTARY PUBLIC) SEAL Notary P ;c NA LYNN= s.......... Witness ax-izn- -ayxa-L-� Witness STATE OF FLORIDA (Print, Typi or Stamp Name of Notary Commission No: My Commission Expires: RANDAL R. MACADIE A/K/A RANDAL R. MCADIE COUNTY OF ST. LUCIE / The foregoing instrument was acknowledged before me this 23 day of 2004, by RANDAL R. MACADIE A/K/A RANDAL R. MCADIE, who is personally known to me or who as produced a Drivers License issued within the last five years as identific on. (NOTARY PUBLIC) SEAL a Notary li ...M...HNH..HH..HNNNHN i IVA LYNN.�++ALBRITrON / i 1Hy t4q ` m" D00205M _A V12 Evirn IIMMV (Print, Typ or Stamp Name of Notary S-dedMI(Wp)432.4254: Commission No: • '�•nnxn"`� FIO i Nofary Astn., InQ ''••••••.••.•.••••.••...••..•••.••..••••.•••• My Commission Expires: G:\ACQ\WP\JoAnn\Edwards 6 Selvitz RoadWacAdie Contractlwpd 10 n M Witness MANDY MACADI Witness STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this —11 - /V, /-,., _day of 2004, by MANDY MACADIE, who is personally known to me or who has produced a Driversl�b4nse issued within the last five years as identification. 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ZN v UW Z U- Z N¢x w��Z U N¢ p e' ¢S S a�Z� W 2 Zp H W O U= m W O W -J J m��N W Z m0 WO m >p0 F=-W mp Z W Z'0, UZ W �1 UZ w0Ww U WZ U W WZ Qia N Z w O Q 7m ¢ O W~ mtO x'_^ ¢ N W H WWW� x'^ xxx0 W a . u¢ W~ x'_^ ,i W Cr Z IU0 �-O 48 ��,Z --a r0 .aU O_ W a F O N N N K p w > � W a 0 � N r N a W 0 i Zn U0",u twit u P, m W p a 10 O m M W~ ? w r map 2 w Z a O N w z Z U Z Z �ry w � � O U p rn m a 0 uj Zm 0 co, Z o x 0 Z O D _N i OWZ J 0 Li O m 0 O a m� a w N CO m O O > O S¢ w a Or x vUi a � a U m �Li,1 V) ai W J N 0 a 0l _N Sp U Z O U as ¢! 3 w W W x m 0 0 O Ja w= N (n x p r N G~ U Z w W a> a 0 mo O N � =N W W w a y 0 � w W V NH mm N U 1- Fx- OJ N W w 1xJ n W 1- e OMO'NOLLN3138\A3A8ns\COOfOZLb\ J *404 EXHIBIT "B" SCHEDULE OF LEASES, TENANCIES AND OCCUPANCIES G:\ACQ\WP\JoAnn\Edwards 3 Selvitz Road\MacAdie Contract3.wpd m EXHIBIT "C" CONTRACTS, LICENSES AND AGREEMENTS G:\ALQ\WP\JoAnn\Edwards d Selvitz Road\MacAdie Contract3.wpd m m EXHIBIT "D" OPERATION, MAINTENANCE AND EMPLOYMENT AGREEMENTS G \ACQ\WP\JoAnn\Edwards S Selvitz Road\MacAdie Contract3.wpd m In EXHIBIT "E" POLICIES OF INSURANCE G:\ACQ\WP\JoAnn\Edwards dS Selvitz Road\MacAdie Contract3.wpd AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. C2F DATE: March 2, 2004 REGULAR [ ] PUBLIC HEAPING[ ] CONSENT [xx] PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Lennard Road Phase I and II Board of Trustees of the Internal Improvement Trust Fund Easement Number 30972 BACKGROUND: On April 18, 2003, the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida approved the request of St. Lucie County for two Easements along the periphery of the Savannas Preserve as shown on the attached map. FUNDS AVAILABLE: N/A PREVIOUS ACTION: December 17, 2002 - Board of County Commissioners approved Resolution No. 02-311 requesting the Department of Environmental Protection, Division of State Lands, grant two Easements to St. Lucie County along the periphery of the Savannahs Preserve for the Lennard Road Phase I and Phase II projects. RECOMMENDATION: Staff recommends that the Board authorize the Chairman to execute Easement Number 30972 and record in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: APPROVE[)[ ] DENIED [ ] OTHER: Approved 5-0 [XX] County Attorney: [XX] Originating Dept.: ifJ_ Finance: (Check for Copy only, if applicable) CONCURRENCE: Dougl Anderson County Administrator Review and Approvals [XX] Public Works Director:' [ ] Road 6 Bridge: [XX] County Engineer: M VP [ ] OMB: Eff. 5/96 G:\ACQ\WP\JoAnn\Lennard Road Missing Link\Agenda Request2.wpd MA M SAE2 (Phase I - 4.763 acres) (Phase II - 0.90 acre) BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA EASEMENT ST. LUCIE COUNTY Easement Number 30972 THIS EASEMENT, made and entered into this day of 201 between the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA, acting pursuant to its authority set forth in Section 253.03, Florida Statutes, hereinafter referred to as "GRANTOR", and ST. LUCIE COUNTY, FLORIDA, hereinafter referred to as "GRANTEE". WHEREAS, GRANTOR is the owner of the hereinafter described real property which is managed by the Florida Department of Environmental Protection, Division of Recreation and Parks under Lease Number 3996 ("managing agency"); and WHEREAS, GRANTEE desires an easement across the hereinafter described real property for public road right-of-way. NOW THEREFORE, GRANTOR, for and in consideration of mutual covenants and, agreements hereinafter contained, has granted, and by these presents does grant, a non-exclusive easement unto GRANTEE over and across the following described real property in St. Lucie County, Florida, to -wit: (See Exhibit "A" Attached) subject to the following terms and conditions: 1. DELEGATIONS OF AUTHORITY: GRANTOR'S responsibilities and obligations herein shall be exercised by the Division of State Lands, Department of Environmental Protection. 2. TERM: GRANTOR does hereby grant to the GRANTEE an easement for as long as the easement is used and maintained for a public road right-of-way. If the easement is ever abandoned as a public road right-of-way, all right, title, and interest conveyed under this instrument shall automatically revert to GRANTOR, unless sooner terminated pursuant to the provisions of this easement. 3. USE OF PROPERTY AND UNDUE WASTE: This easement shall be limited to the construction and maintenance of a public road right-of-way upon and across the property described in Exhibit "A" during the term on this easement. This easement shall be non-exclusive. GRANTOR retains the right to engage in any activities on, over, across or below the easement area which do not n unreasonably interfere with GRANTEE'S exercise of this easement and further retains the right to grant compatible uses to third parties during the term of this easement. GRANTEE shall dispose of, to the satisfaction of GRANTOR all brush and refuse resulting from the clearing of the land for the uses authorized hereunder. If timber is removed in connection with clearing easement, the net proceeds from the sale of such timber shall accrue to GRANTOR. GRANTEE shall take all reasonable precautions to control soil erosion and to prevent any other degradation of the real property.described in Exhibit "A" during the term of this easement. GRANTEE shall not remove water from any source on this easement including, but not limited to, a watercourse, reservoir, spring, or well, without the prior written approval of GRANTOR. GRANTEE agrees to clear, remove and pick up all debris including, but not limited to, containers, papers, discarded tools and trash foreign to the work locations and dispose of the same in a satisfactory manner as to leave the work locations clean and free of any such debris. GRANTEE, its agents, successors, or assigns, shall not dispose of any contaminants including, but not limited to, hazardous or toxic substances, petroleum, fuel oil, or petroleum by-products, chemicals or other agents produced or used in GRANTEE'S operations, on this easement or on any adjacent state land or in any manner not permitted by law. GRANTEE shall be liable for all costs associated with any cleanup of the subject property which is a result of GRANTEE'S operations and use of the subject property. Upon termination or expiration of this easement GRANTEE shall restore the lands over which this easement is granted to substantially the same condition as existed on the effective date of this easement. GRANTEE agrees that upon termination of this easement all authorization granted herein shall cease and terminate. If the lands described in Exhibit "A" are under lease to another agency, GRANTEE shall obtain the consent of such agency prior to engaging in any use of the real property authorized herein. 4. ASSIGNMENT: This easement shall not be assigned in whole or in part without the prior written consent of GRANTOR. Any assignment made either in whole or in part without the prior written consent of GRANTOR shall be void and without legal effect. 5. RIGHT OF INSPECTION: GRANTOR or its duly authorized agents, representatives or employees shall have the right at any and all times to Page 2 of 10 Pages Easement No. 30972 R10/2002 inspect this easement and the works of GRANTEE in any matter pertaining to this easement. 6. COMPLIANCE WITH LAWS: GRANTEE agrees that this easement is contingent upon and subject to GRANTEE obtaining all applicable permits and complying with all applicable permits, regulations, ordinances, rules, and laws of the State of Florida or the United States or of any political subdivision or agency of either. 7. ARCHAEOLOGICAL AND HISTORIC SITES: Execution of this easement in no way affects any of the parties' obligations pursuant to Chapter 267, Florida Statutes. The collection of artifacts or the disturbance of archaeological and historic sites on state-owned lands is prohibited unless prior authorization has been obtained from the Department of State, Division of Historical Resources. 8. PROHIBITIONS AGAINST LIENS OR OTHER ENCUMBRANCES: Fee title to the lands underlying this easement is held by GRANTOR. GRANTEE shall not do or permit anything to be done which purports to create a lien or encumbrance of any nature against the real property of GRANTOR including, but not limited to, . mortgages or construction liens against the real property described in Exhibit "A" or against any interest of GRANTOR therein. 9. PARTIAL INVALIDITY: If any term, covenant, condition or provision of this easement shall be ruled by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 10. ENTIRE UNDERSTANDING: This easement sets forth the entire understanding between the parties and shall only be amended with the prior written approval of GRANTOR. 11. TIME: Time is expressly declared to be of the essence of this easement. 12. LIABILITY: GRANTEE shall assist in the investigation of injury or damage claims either for or against GRANTOR or the State of Florida pertaining to GRANTEE'S respective areas of responsibility under this easement or arising out of GRANTEE'S respective management programs or activities and shall contact GRANTOR regarding the legal action deemed appropriate to remedy such damage or claims. GRANTEE is responsible for. all personal injury and property damage attributable to the negligent acts or omissions of GRANTEE, and its officers, employees, and agents. Page 3 of 10 Pages Easement No. 30972 R10/2002 i cm 13. RIGHT OF AUDIT: GRANTEE shall make available to GRANTOR all financial and other records relating to this easement and GRANTOR shall have the right to audit such records at any reasonable time during the term of this easement. This right shall be continuous until this easement expires or is terminated. This easement may be terminated by GRANTOR should GRANTEE fail to allow public access to all documents, papers, letters or other materials made or received in conjunction with this easement, pursuant to Chapter 119, Florida Statutes. 14. PAYMENT OF TAXES AND ASSESSMENTS: GRANTEE shall assume full responsibility for and shall pay all liabilities that accrue to the easement area or to the improvements thereon including any and all drainage and special assessments or taxes of every kind and all mechanic's or materialman's liens which may be hereafter lawfully assessed and levied against this easement. 15. RECORDING OF EASEMENT: The grantee, at its own expense, shall record this fully executed easement in its entirety in the public records of the county within which the easement site is located within fourteen days after receipt, and shall provide to the grantor within ten days following the recordation a copy of the recorded easement in its entirety which contains the O.R. book and pages at which the easement is recorded. Failure to comply with this paragraph shall constitute grounds for immediate termination of this easement agreement at the option of the Grantor. 16. AUTOMATIC REVERSION: This easement is subject to automatic termination and reversion to GRANTOR when, in the opinion of GRANTOR, this easement is not used for the purposes outlined herein, and any costs or expenses arising out of the implementation of this clause shall be borne completely, wholly and entirely by GRANTEE. 17. GOVERNING LAW: This easement shall be governed by and interpreted according to the laws of the State of Florida. 18. SECTION CAPTIONS: Articles, subsections and other captions contained in this easement are for reference purposes only and are in no way intended to describe, interpret, define, or limit the scope, extent or intent of this easement or any provisions thereof. 19. SPECIAL CONDITIONS: The following special conditions shall apply to this easement: (a) GRANTEE shall vacate that portion of Silver Oak Drive located within Savannas Preserve State Park. Page 4 of 10 Pages Easement No. 30972 R10/2002 (b) GRANTEE shall create a fire break from the Florida Power 6 Light Company transmission lines south to the intersection of MacQuillen Road, and from this intersection east along MacQuillen Road for a distance of approximately 10,100 linear feet. (c) GRANTEE shall place a standard 48" field fence along the entire firebreak boundary line described in paragraph 19(b) above. The managing agency will establish the fence line in the field and monument it appropriately for GRANTEE to install the fence. Any new or additional survey work or title work that is required will Page 5 of 10 Pages Easement No. 30972 R10/2002 IN WITNESS WHEREOF, the parties have caused this easement to be executed the day and year first above written. BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA By: (SEAL) Witness GLORIA C. NELSON, OPERATIONS AND MANAGEMENT CONSULTANT Print/Type Witness Name MANAGER, BUREAU OF PUBLIC LAND ADMINISTRATION, DIVISION OF STATE LANDS, DEPARTMENT OF Witness ENVIRONMENTAL PROTECTION Print/Type Witness Name "GRANTOR" STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me this. day of 20_, by Gloria C. Nelson as operations and Management Consultant Manager, Bureau of Public Land Administration, Division of State Lands, Department of Environmental Protection, acting as an agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. She is personally known to me. Notary Public, State of Florida Print/Type Notary Name Commission Number: Commission Expires: Approved as to Form and Legality By: DEP Attorney Page 6 of 10 Pages Easement No. 30972 R10/2002 ST. LUCIE COUNTY, FLORIDA -. BY ITS BOARD OF COUNTY COMMISSIONERS By: Witness Print/Type Witness Name Print/Type Name Title: Witness (OFFICIAL SEAL) _ Print/Type Witness Name ATTEST: BY: :•GRANTEE" STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of 20_, by as and as respectively, on behalf of the Board of County Commissioners of St. Lucie County, Florida. They are personally known to me or produced as identification. Notary Public, State of Florida Print/Type Notary Name Commission Number: Commission Expires: Page 7 of 10 Pages Easement No. 30972 R10/2002 II I'lb �� .�,��dr;A:3occj$e•R� t=1 i{q 5 � 'r � i .I ►' t..��. tr�eir,jY�t�@liY� I� xfr`lYf1 t I•jtiri tz ��C- ip lI�i C1 It Olt a - RRr �"�• 8 8 ! f � i 1 ; rs a•�;= I is j� �j tp n 1 aY ( ( gcetfir��'� �{ F( p a 9�P 4 4Gr4 11XB r• :I' lr Fi rE A .. N pai A it ; 11 n m �Ra � �j6r" t � �aar[F� rj '� •t 5 p +1 '_��� z m � t7 'IfYF�r P•t "�'i6if !t`[ i�i � �`e�165 6s � I Ca@`�L -3 P� lilt 1 °p @°tt all to 9ig6.� titi ;lfi F6 ;rid 6 I Fri ik�j3��tF�:3} .S lorl`i �� it E� •n f+; i 1►rl��tr1_�ttz ji��[f'�-,1l` 1?'i't`r.[1`t tr lr -lYti `iEa f1-a�ritrli flk 1 3�it 11a}1!rFFi$l'.riirr['iful ��tl�irril1rrFtt,�Eti�{rr,i trtF' t � •' � k i t }ttr .j• ! rr j p F(LitttY[ F { i' (t dE } l�Rt Oaaa9[! ia9aketta{ ` Yr ' ty i'° n' #}ifi5 �711' ai. rFirrl� a pr � lrr�tri 31 °a 1� r,d�.i•}3 i.lrar 'lr , 4 .y i"��i5 II �. � ,�I �' ri���`jirr•1! 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PHASE I Page 9 of 10 Pales Easement No. 30972 ate DESCRIPTION: PROPOSED LENNARD ROAD RIGHT OF WAY ALL THAT PART OF THE PROPOSED LENNARD ROAD RIGHT OF WAY LYING WITHIN THE FOLLOWING DESCRIBED PARCEL OF LAND; THE SOUTH 495' FEET OF LOT 4, BLOCK 3, SECTION 24,'T-36-S, R-40-E, PLAT NO. 1 OF ST. LUCIE GARDENS -AS RECORDED IN PLAT BOOK 1 AT PAGE 35 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. SAID PROPOSED RIGHT. OF WAY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF THE ABOVE DESCRIBED PARCEL; THENCE EAST ALONG THE SOUTH LINE A DISTANCE OF 120' FEET; THENCE NORTHWEST TO A POINT ON THE NORTH LINE OF SAID PARCEL LYING 40' FEET EAST OF THE NORTHWEST CORNER; THENCE WEST ALONG THE NORTH LINE OF SAID PARCEL A DISTANCE OF 40' FEET;:THENCE SOUTH ALONG THE WEST LINE OF SAID PARCEL A DISTANCE OF 495' FEET TO THE POINT OF BEGINNING. EXhi4it "W PHME II Page 9 of 10 Pis EaS6JRQRt sio. 36912 F5 Exhibit "A" LOCATyoft MAP Page 10 Of 10 Pages Easement No. 30172 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. C2G DATE: March 2, 2004 REGULAR[ ] PUBLIC HEARING[ ] CONSENT [XX] PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney Daniel S. McIntyre County Attorney SUBJECT: South 25th Street Roadway Widening Midway Road to Edwards Road - Right -of -Way Furst et al - Tax I.D. No. 2428-233-0001-000/3 - Parcel 112 BACKGROUND: Please see attached memorandum FUNDS AVAILABLE: Funds are available in 101006-4116-561007-4108 (TransportationTrust/Impact R/W) and 101006-4116-561002-4108 (Transportation Trust/Impact Abstract/Title) PREVIOUS ACTION: September 12, 2000 - Board of County Commissioners approved Joint Participation Agreement with FDOT to reimburse, design and construct the South 25th Street widening. RECOMMENDATION: Staff recommends that the Board accept the donation of the parcel in exchange for the two (2) driveway connections as shown on the attached map, authorize the Chairman to execute the Contract and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: +] APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 [XX] County Attorney:_ [XX] Originating Dept.: jmt- Finance: (Check for Copy only, if applicable) Eff. 5/96 Review and Approvals [XX] Public Works Director:` [ ] Road 6 Bridge: 6:\ACQ\WP\JoAnn\25th Street\Furst et al\Agenda Request.wpd CONCURRENC : Dou s Anderson County Administrator [XX] County Engineer: [ ] OMB: In INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney DATE: March 2, 2004 SUBJECT: South 25th Street Roadway Widening Midway Road to Edwards Road - Right -of -Way Furst et al - Tax I.D. No. 2428-233-0001-000/3 - Parcel 112 BACKGROUND: As part of the Joint Participation Agreement between St. Lucie County and the Florida Department of Transportation (Department), the County agreed to acquire the necessary right-of-way for the South 25th Street Roadway Widening project in accordance with the Department's right-of-way acquisition procedures. On April 17, 2003, an offer was made to the owners in the amount of $2,000.00, which was based on the approved appraisal report prepared by Daniel K. Deighan, MAI. The report was reviewed and approved by Daniel D. Fuller, MAI, as required by the Department's procedures. The acquisition area is a narrow strip taking along the western portion of a 7.34 acre vacant residential property that fronts South 25th Street. The total area of the taking contains 4,841 square feet. There are no site improvements within the proposed acquisition area. Subsequent to the County's offer, Mr. Furst indicated to the County's Right -of -Way Consultant, Brian Mekarski, that they would donate the parcel to the County in exchange for two (2) driveway connections to South 25th Street. Upon review of the proposed driveway connections, the County Engineer, Michael Powley, P.E., has approved the location of the driveway connections and is amenable to the donation proposal. It should be noted that the owners already are entitled to one (1) driveway connection to the property, so essentially the County would be agreeing to give the owners another connection along their 413' frontage of South 25" Street. Page 2 Furst et al - Tax I.D. No. 2428-233-0001-000/3 - Parcel 112 RECOMMENDATION: Staff recommends that the Board accept the donation of the parcel in exchange for the two (2) driveway connections as shown on the attached map, authorize the Chairman to execute the Contract and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. Respectfully submitted, Daniel 5. McInty County Attorney G:\ACQ\WP\JoAnn\25th Street\Furst et al\Agenda Memompd M E5 PROJECT NAME: South 25'h Street PARCEL NAME: Furst et al - Tax I.D. No. - 2428-233-0001-000/3 - Parcel 112 CONTRACT FOR SALE AND PURCHASE FOR REAL PROPERTY THIS AGREEMENT made this day of , 2004, between JEFFREY S. FURST J. HAL ROBERTS RAYMOND ISENBURG and RICHARD D. SNEED JR. a sin le adult or 'oined b their spouse i married whose address is 1161 SW Mirror Lake Cove Port St. Lucie Florida 34986, hereinafter referred to as SELLER and, ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS, 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 a certain parcel or parcels of real property located in the County of St. Lucie, Florida, being more fully described as: SEE ATTACHED EXHIBIT "A" together with all improvements and personal property located thereon as may hereinafter be specifically described. � �1� PURCHASE PRICE AND MET HOD OF PAYMENT. J'a" 1. D1)1AL v ZEii,p _b-- The full purchase price is Two-T-hous= d Dollars, ($i;t86:"OM, determined to be the t t I of the following: ( _ o Real Property (Land) Improvements Other than Buildings (described in Exhibit "B", if any) -00 Personal Property (Described in Exhibit "A", if any) $00 $00 Severance Damages Other (describe) payable in Cash or Cashier's check at the time of closing; plus or minus credits, adjustments and prorations as of the date of closing. 2. EXPENSES. Purchaser shall pay for documentary stamps and recording fee on the Deed conveying the subject real property to Purchaser. Processing fees, if any, for obtaining a release, partial release or subordination agreement upon any existing mortgage shall be borne by Purchaser. sav n 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 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 title to Purchaser by a good and sufficient statutory Warranty Deed, and if personal property is included, some shall be conveyed by proper Assignment or Bill of Sale, all real and personal property to be free and clear of all liens, judgments, and encumbrances except, taxes for the current year, and zoning ordinances. 5, LIENS. All certified liens or assessments and any pending liens for which work has been completed prior to the date of this contract, shall be paid by Seller, Seller shall make and deliver to Purchaser a Mechanic's No -Lien Affidavit as to realty and an Affidavit as to no liens or encumbrances of any personal property. 6. PRORATIONS. Taxes, rents, interest and other expenses or revenue of said property shall be prorated from the cash to close as of the date of closing. Credits and charges for the day of closing shall belong to and be borne by the Seller. 7, RISK OF LOSS. Seller assumes risk of any and all loss or damage prior to closing and the property shall be conveyed in the same condition as on the date of this contract, ordinary wear and tear excepted. *4W `f/% 8. POSSESSION. Seller shall deliver possession to Purchaser at the closing. 9. CLOSING. The closing shall be on or before MARCH 31, 2004 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 and delivered, and the abstract shall become the property of the Purchaser, subject to possessory rights and mortgagees of record. 10. 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. 11. ATTORNEY'S FEES. Either party failing to comply with the terms hereof will pay all expenses, including a reasonable attorney's fee, incurred by the other party because of that failure. 12. 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. 13. 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. 14. 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. 3 M 15. 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. 16. 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 deed recording, provided delivery of the deed and payment of the purchase price occur in the same day at the some time. 17. RECISION. Purchaser may rescind this contract if at the time of closing the Seller is the subject of any insolvency, receivership or bankruptcy proceedings, or is deceased. 18. EXISTING MORTGAGES. Seller hereby warrants that existing mortgages are in good standing and Seller further agrees to keep them in good standing and to make all payments due thereunder; he shall either satisfy the mortgage or obtain a release of the subject property from the mortgage at or before closing. 19. REFUSAL OF SPOUSE. Failure or refusal of the wife or husband of any one of the Sellers to execute the deed or any other required document, shall be deemed default of the Seller. 20. OFFER TO SELL. Seller and Purchaser recognize and agree that by signing this agreement first, the Seller is offering to sell the property described in Exhibit "A" to the Purchaser in accordance with the terms and conditions of this agreement. If Purchaser shall fail to approve this agreement within sixty (60) days after Seller signs this agreement, this offer shall be null and void. 21. SELLER'S REPRESENTATIONS. (a) Annexed hereto and made a part hereof as Exhibit "C" is a list of all leases, tenancies, and occupancies affecting the rent, expirations, and security deposit if any, with respect to each such tenancy or occupancy, which Seller warrants and represents is true and correct. There are no other leases, occupancies, or a] M M tenancies except as reflected in said Schedule, and none will be agreed to prior to closing without Purchaser's consent. True and correct copies of all said leases, if any, have been delivered to Purchaser, and Seller warrants there are no modifications thereof. Unless otherwise reflected on said Exhibit "C", alterations, installations, and other work required to be performed by the Seller under the provisions of any such lease, tenancy or occupancy have been or will, by the date of closing, be completed and fully paid for. No brokerage commission is now due and unpaid in connection with any lease, tenancy, or occupancy or any renewal thereof, nor with any other matter pertaining to the subject property and upon the closing date no such commission shall be due and unpaid. (b) Neither Seller nor the respective tenants nor parties to any of the agreements listed in Exhibits "C" or "D" attached hereto are in default under the terms of said Agreement of instrument. (c) Seller has not entered into any contracts, subcontracts, licenses, concessions, easements, or other agreements, service arrangements, either recorded or unrecorded, written or oral, affecting the property other than those set forth in Exhibit "D" attached hereto made a part thereof. Each and every such contract or other instrument listed in Exhibit "D" is a valid, bona fide, and binding agreement entered into by the parties hereof, effected in good faith in an arms - length transaction. True and correct copies of said instruments have been delivered to the Purchaser, and the Seller represents that there are not now and will not be at the date of closing, amendments or modifications or any waiver by any party of any of the provisions thereof. (d) None of the tenants on the premises have been given any concession or consideration for the rental of any space applying to any period after the closing; and no tenants are entitled to any concessions, rebates, allowances or free rent for any period after the closing hereunder. (e) Seller warrants and represents that no other agreements concerning employees engaged in the operation and maintenance of the subject property or employment contracts exist, except as set forth in Exhibit "E" attached hereto, copies of which agreements have been delivered to the Purchaser. (f) Annexed hereto and made a part hereof as Exhibit " F" is a list of all. policies of insurance now in full force and effect with respect to the property giving the company, amount and type of insurance, policy expiration date, premium and other relevant information delivered to Purchaser true and accurate copies of all said policies and the premium shall be prorated as of the date of closing. (g) Seller agrees with Purchaser that from and after the date hereof and prior to closing, Seller will not enter into any lease or agreement or any modification of any existing lease of agreement pertaining to the subject property without the written 5 M M consent of Purchaser. (h) All of Seller's representations and warranties set forth in this Contract shall be true as of and surviving the closing, and all obligations of Seller involving action or performance by Seller prior to closing shall have been fully complied with. In the event that a lien, claim or cause of action should arise, resulting from the activities upon the property prior to closing or from any misrepresentations concerning the property contained herein, Seller shall at its sole cost and expense defend against such claim or cause of action, and hold Purchaser harmless therefrom, which shall include, but not be limited to, Seller's retaining such attorneys or other persons as may be required to fulfill this indemnification. (i) Neither the whole nor any part of the subject property is now, and at the closing will be, in violation of any code, ordinance, statute, or regulation pertaining thereto and Seller has received no -notice of any such violation.' Seller shall deliver to Purchaser any such notice received prior to or after closing. If any of the representations of Seller contained in this paragraph are inaccurate at the present time or as of the date of closing, Purchaser may elect not to close this transaction in which event all parties shall be relieved from all obligations and liabilities hereunder; provided however, that nothing contained herein shall preclude Purchaser from seeking specific performance of Seller's obligations hereunder so as to rectify any misrepresentation made by Seller herein. 22. COMPLIANCE WITH ENVIRONMENTAL LAWS. In the event that, between the effective date of this Contract and the closing of the transaction contemplated herein, environmental contamination of the Property has resulted or is discovered, the Purchaser, at its sole option, may elect to terminate this Contract without further liability. Should the Purchaser elect not to terminate this Contract, Purchaser shall be entitled to an appropriate adjustment in the purchase price, based upon the estimated cost of clean up of the environmental contamination. In the event that environmental contamination is discovered after closing, Seller shall remain obligated, with such obligation to survive delivery of the deed and possession, to diligently pursue and accomplish the clean up of any environmental contamination where the event(s) alleged to have caused the contamination occurred prior to closing in a manner consistent with all applicable laws, rules, regulations and ordinances and at Seller's sole cost and expense. In addition, Seller represents that the ground water in Sellers cone of influence is not contaminated. Seller shall indemnify and save harmless and defend Purchaser, its officers, servants, agents and employees from and against any and all claims, suits, actions, damages, liabilities, expenditures or causes of action of whatsoever kind arising from the environmental contamination. Seller shall defend, at its sole cost and expense, any legal action, claim or proceeding instituted by any person against the Purchaser as a result of 6 fir►' *4100 any claim, suit, or cause of action for injuries to body, life, limb or property for which the environmental contamination is alleged to be a contributing legal cause. Seller shall save the Purchaser harmless from and against all judgments, orders, decrees, attorney fees, costs, expenses and liabilities in and about any such claim, suit, investigation or defense thereof, which may be entered, incurred or assessed as a result of the foregoing. 23. CONFLICT OF LAWS. The parties hereto hereby agree that all legal rights, duties, obligations and defenses shall be determined pursuant to the Laws of the State of Florida. The covenants herein shall bind and the benefits and advantages shall inure to the respective heirs, executors, administrators and successors or the parties hereto. Whenever used, the singular shall include the plural, and the plural the singular and the use of any gender shall include all genders. 24. DRIVEWAY CONNECTIONS. In exchange of the Seller's donation of right-of-way, the Purchaser will construct two (2) driveway connections as shown in Exhibit "A-1". IN WITNESS WHEREOF, the parties have hereunto affixed their hands and seals. EXECUTED by SELLER this 20 day of Vary 2004. Wi s s to Je f rey S. Furst ( _,_� K � & W_T_ 1_4� Witness as to Jeffrey S. Furst STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this ZO day of r=,6V V4P_ y 2004, by JEFFREY S. FURST, who is personally known to me or who has produced a Drivers License issued within the last five years as identification. (NOTARY PUBLIC) SEAL \\\NIIII11111�1j��/ \\�oN���a�lileen iN�i9�S1 ����i ..., s °9•• Z o ; #DD071574 •cam J 99�.•���%ndeed •, •OQ` *//2/ I*STK � Off \\`` 7 ka a�(�� Notary Public L M (Print, Type or Stamp Name of Notary Commission No: My Commission Expires: EXECUTED by SELLER this .day of 2004. Witness as t . Hal Roberts AL ROBERTS Witness as/to J. Hal Roberts STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknoyxledggd before me this —a day of Ft brLtc, , 2004, by J. HAL ROBERTS, who is ersonnlly known.:t me or who has produced a Drivers Lice se issued _ within the last five years as identification. (NOTARY PUBLIC) S A aweNANCY W. :=;8VNqWNXXVNDkXyANM " r+rbNc - Sk*o of FbWa b0 �FabUMS#E DD 287"1 8 11 1 dz�t4 �J , aj Notary Public M 04 tr-(I . E�- (Print, Type 6 Stamp Name of Wotary Commission No: - 4Lal My Commission Expires: M cm EXECUTED by SELLER this - / T day of l Witness to dymonA I enburg 3 Witness as to Raymond Isenburg STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this t± day of I" ( , 2004, by RAYMOND ISENBURG, who is personally known to me or who has produced a Driv rs License issued within the last five years as identification. (NOTARY PUBLIC) SEAL LATRICE THOMD F Notary Public, State MY Comm. Expires marComm. No. DD09 EXECUTED by SELLER this le Witness as to Richard D. Sneed, Jr. Witness as to Richard D STATE OF FLORIDA COUNTY OF ST. LUCIE da a"'L t' Public l._ o --fir 1 C e. J6 (Print, Type or Stamp Name of Notary � Commission No: D q q 101 My Commission Expires:_Mak C K (3, aU 010 day of'e'� 2004. RICHARD D. SNEd6, The foregoing instrument was acknowledged before me this day of 'P, 2004, by RICHARD D. SNEED, JR., who is personally known to me o as identification. 9 M (NOTARY PUBLIC) SEAL 7;Yt" VICTORIA L. GRIFFIN MY COMMISSION # DO 136440 EXPIRES: August 7, 2006 uF �QF' Bonded Thru Notary "iic Underwriters EXECUTED by PURCHASER this ATTEST: DEPUTY CLERK Notary Public (Print, Type or Stamp Name of Notary Commission No: My Commission Expires: day of 10 BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY m mi EXHIBIT "A" LEGAL DESCRIPTION LEGAL DESCRIPTION PARCEL 1!2 BEING A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 29, T,ti;•1;>-:P�35 SOUTH. RANGE 40 EAST. ST. LUC I E COUNTY, FLOP.I Dc ArIC WCRE FARTICULARL1 DESCRIBED AS FOLLOI''Ss COMMENCING AT A FOUND N41L IPLAJNI AT THE WES` OLARTEP, CORNER. OF SA10 SECT 1.ON 28; THENCE SOUTH 88-45-13" EAST, ALONG THE EAST i WEST QUARTER SECTION LINE OF SAID SECTION 28. A DISTANCE OF 40.01 FEET TO THE INTERSECTION THEREOF WITH THE EY,I.STING EAST RIGHT OF WAY LINE OF STATE ROAD 615 (SOUTH 257H. STREET;. BEARINGS .ARE BASED ON SAID EAST/ WEST QUARTER OF SECTION 28 ANC) ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO; THENCE NORTH 00013'.19 WEST, ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 0.98.FEET; THENCE NORTH 00006-21- WEST, A DISTANCE OF 99.04 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH 100 FEET OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST OUARTER OF THE NORTHWEST QUARTER OF SECTION 28, SAID POINT ALSO BEING THE POINT OF BEGINNING OF THE FOL� OWING DESCRIBED PARCEL. 112; .THENCE CONTINUE NORTH 00006'21" WEST, ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 413.83 FEET TO A POINT ON THE SOUTH LINE .OF,..THE NORTH 150 FEET OF„SAID SOUTHWEST QUARTER OF THE. SOUTHwEST;UARTER OF THE NORTHWEST OUaRTER.OF SECTION 28; THENCE SOUTH 89-05'16" EAST, ALONG SAID SOUTH L I NE • A D 1 STeNCE''.OF -'6 -t62 FEET; THENCE- SOUTH 00' 57 .25 " EAST, ,A .DISTANCE OF 414.08 FEET TO. A .POINT ON SAID NORTH .LINE OF THE SOUTH 100 FEET OF THE SOUTHWEST OUARTER OF JHE SOUTHWEST QUARTER ;OF THE NORTHWEST OUARTER OF SECTION 28; THENCE NORTH 88045'13" WEST, ALONG SAID NORTH LINE A DISTANCE OF 14.78 FEET TO THE POINT OF BEG.INNING. CONTAINING 4,841 SQUARE FEET MORE OR LESS. %W EXHIBIT "A-1" `00 Q to In P N O H r o__...... F --- :. �. '.° � mot'• I �. iE t � II .'6 .. _. ._. � •� , 1 � • w f � � � 1 � qr - =i$ $ , , r h CPONNI 'Y15 Id Ln y W In z� - w�� I :i c ; h ; Ry lk 10 zz 01 {r r M W C.l�g H � rY £ C v o.•. I p - w � r , + MRI RZIy 1 a� PIR yy M • : c , , Y 7 NV<;i LL yW Gt9a�yy Imo' P Q W b P N O N I m In EXHIBIT "B" IMPROVEMENTS OTHER THAN BUILDINGS 13 f�kwo villo EXHIBIT "C" SCHEDULE OF LEASES, TENANCIES AND OCCUPANCIES 14 m EXHIBIT "D" CONTRACTS, LICENSES AND AGREEMENTS N ),D, 15 m EXHIBIT "E" OPERATION, MAINTENANCE AND EMPLOYMENT AGREEMENTS N J� 16 19 EXHIBIT "F" POLICIES OF INSURANCE 6:\ACQ\WP\JoAnn\25th Street\Furst et al\Contract2.wpd 17 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): UTILITIES DEPARTMENT ITEM NO. 3a DATE: March 2, 2004 REGULAR: ( ) PUBLIC HEARING:( ) CONSENT: (X) P.M. Bowers Interim Utility Director SUBJECT: Staff requests that the Board approve a lease agreement between St. Lucie County and Beach Club Colony on the Ocean, Inc. for leasing real property located at the site of the old wastewater treatment plant in Beach Club Colony and adopt Resolution No. 04-72. They will be utilizing the property for recreational activities. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board approve a lease agreement between St. Lucie County and Beach Club Colony on the Ocean, Inc. for leasing real property located at the site of the old wastewater treatment plant in Beach Club Colony and adopt Resolution No. 04-72. COMMISSION ACTION: A -APPROVED O DENIED O OTHER: Approved 5-0 �1 County Attorney: 4YOriginating Dept: Review and Approvals ❑ Management and Budget: ❑ Other: ❑ Finance: (Check for copy only, if applicable): CONCU NCE: u ci as An erson County Administrator ❑ Purchasing: ❑ Other: Anyone with a disability requiring accommodations to attend this meeting should contact the St. Lucie County Community Services Managerat 772-462-1777 or TTD 772-462-1428, at least 48 hours (48) prior to the meeting. n n $' folv COUNTY F L O R I D A-44 TO: Board of County Commissioners UTILITY DEPARTMENT FROM: P.M. Bowers, Interim Utility Director DATE: March 2, 2004 MEMORANDUM RE: Lease Agreement with Beach Club Colony on the Ocean, Inc. BACKGROUND: Beach Club Colony on the Ocean, Inc. would like to lease property at the site of the old wastewater treatment plant in Beach Club Colony to be used for recreational activities from the County. The property is not currently needed for County purposes. RECOMMENDATION: Staff recommends that the Board approve a lease agreement between St. Lucie County and Beach Club Colony on the Ocean, Inc. for leasing real property located at the site of the old wastewater treatment plant in Beach Club Colony. En LEASE AGREEMENT THIS LEASE is made and entered into this //a day of = � , 2009, by and between St. Lucie County (the "County") a political subdivision of the State of Florida, and Beach Club Colony on the Ocean, Inc. (the "Lessee"), a Florida non-profit organization. WHEREAS, the County is the owner of certain real property located at the site of the old wastewater treatment plant in Beach Club Colony; and WHEREAS, Lessee is interested in utilizing the property for recreational activities; and WHEREAS, Lessee and the County desire to enter into an agreement to make the subject property available to Lessee for recreational activities; and WHEREAS, the property is not currently needed for County operations. ARTICLE 1 1.01 Term. The County, hereby leases to the Lessee for a term of five (5) years, the Site described in Article 3.01 below for recreational use of the Site noted herein, hereafter called the "Site". 1.02 Project Manager The Project Manager f or the County is the Utilities Director at (772) 462-1150..The Project Manager for the Lessee is�Xr, iA, a.Ag ,..at (772) - s yg'�. ARTICLE 2 2.01 Option to Renew. Provided that there has been no default of the Lease Agreement (the "Lease") by Lessee, Lessee may, by written notice to and with the approval of the Board of County Commissioners, at least two (2) months before the end of the current term, renew this Lease for two (2) additional periods of five (5) years, upon such terms and conditions as the parties may agree. Such periods shall run consecutively so as to make this Lease continuous in its operation from the beginning to its termination, a period of fifteen (15) years. In the event that the parties do not agree on terms before the expiration of this Lease, Lessee shall have no further rights under this Lease. ARTICLE 3 3.01 Site Description, A sketch and legal description of the area of the old wastewater treatment plant in Beach Club Colony (the "Site") showing the location for the Site leased to the Lessee under this Lease is attached hereto and made a part hereof as Exhibit "A". -1- 25 ARTICLE 4 4.01 Lessee Responsibility. The Lessee or its subcontractors are independent contractors and are not employees or agents of the County. Nothing in this Lease shall be interpreted to establish any relationship other than that of an independent contractor, between the County and the Lessee, its employees, agents, members, officers, subcontractors, or assigns, during or after the performance of this Lease. ARTICLE 5 5.01 Compensation. Lessee shall pay an annual rental of ten ($10.00) dollars to the County for lease of the Site described above in Article 3.01. 5.02 Trash Removal. Lessee shall ensure that all trash and garbage is properly placed in trash containers prior to leaving the Site. 5.03 Reports and Records. The Lessee shall maintain during the term of this Lease all reports and records customarily used in this type of operation and such records as are necessary to document its activities pursuant to this Lease. All required records shall be available to the County Administrator or his designee and the County auditors at a reasonable location in St. Lucie County, Florida for a period of five (5) years after the end of any lease year. The form of all such records and reports shall be subject to the approval of the County prior to commencement of operations, and subsequent recommendations for changes, additions, or deletions. ARTICLE 6 6.01 County Approval. The Lessee agrees that it will obtain prior written approval from the County in all of the following matters. A. Changes from originally approved specifications, signage, and graphics. S. Equipment Lessee plans to install requiring any modifications to the Site. Further, it is understood by the Lessee that should any of the above items be disapproved, Lessee will offer alternative solutions. The County shall be allowed sixty (60) days to reach a decision in any of the above matters and failure to do so within such period shall constitute' approval. 6.02 County Approval of Change. The County reserves the right with stated just cause to require the Lessee to change within a stated time any and all items contained in Article 6 of this Lease it deems in need of change, despite previous approval of some. -2- 11�v► Ifto 6.03 Permitted Uses/Conditions. Lessee shall have the right to use and occupy the Site for recreational activities 6.04 Quality of Lessee's Services. A. The Lessee shall control the conduct, demeanor, and appearance of its officers, members, volunteers, employees, agents, representatives, customers and patrons, and upon an objection of the County concerning the conduct, demeanor, or appearance of any such person, Lessee shall immediately take all necessary steps to correct the cause of such objections. B. Lessee shall take good care of the Site, shall use the same in a careful manner and shall, at its own cost and expense, keep and maintain the same in constant good and substantial condition and repair, and upon the expiration of this Lease, or its termination in any manner, shall deliver said Site to the County in no worse condition than the same was at the commencement of this Lease, loss by fire or other casualty and ordinary wear and tear only exceptions. 6.05 Scope of Lease. The Lessee under this Lease shall only use the Site for recreational activities. ARTICLE 7 7.01 Assignment. Subletting and Successors in Interest. Lessee shall not sublease the Site in whole or any part, or assign this Lease to any other persons or firm without first obtaining the County Administrator or his designee's written approval. It is covenanted and agreed that all covenants, conditions, agreements and undertakings contained in this lease shall extend to and be binding on any respective successors, assignees or sublease accepted by the County. ARTICLE 8 8.01 Alcoholic Beverages. Lessee shall not sell, give, or otherwise distribute any alcoholic beverages on County property. ARTICLE 9 `9.01 Structures and Improvements. A. Lessee shall be solely responsible for costs and liabilities associated with the design, maintenance, use, repair and operations of the Site. B. Lessee shall not construct or place or cause to be constructed or placed, any structure or other improvements at the Site without the express written approval of the County Administrator or his designee. -3- NNW M C. It shall be the responsibility of the Lessee to obtain and pay for any local, state, or federal permits or permissions required to construct or place any structures on the Site. 9.02 Equipment Installed by Lessee. A. All, equipment, furnishing, signing, and advertising installed by the Lessee shall be in keeping with the appropriate standards of decor at the facilities and must be approved by the County prior to installation. The Lessee shall not install, remove, or replace improvements that the County may approve from time to time, Lessee shall provide to the County a certified statement by an independent Certified Public Accountant setting forth the cost of such improvements and the date upon which the installation of such improvements was completed. B. Lessee agrees that all improvements provided shall meet the requirements of all applicable building, fire, pollution, and other related codes. C., Lessee shall not alter or modify any portion the Site, the leased premises or the improvements constructed therein without first obtaining written approval from .the County. D. Lessee shall not sell, convey, mortgage, pledge, or otherwise dispose of any of the equipment or furnishings installed on the leased premises without prior written consent of the County. 9.03 Ownership of Improvements/Equipment. It is the intention of the parties to this Lease that all fixtures, furnishings, equipment or improvements provided by Lessee shall at the termination of the Lease become the property of the County. At the option of the County, Lessee agrees to execute and deliver a bill of sale conveying any improvements/equipment to the County within thirty (30) days from the termination of this Lease. Prior to the installation of any such equipment or improvements, the Lessee shall provide the County with an invoice or other documentation of the cost of the equipment or improvements along with the manufacturer's or contractor's estimated useful life for the equipment or improvement. ARTICLE 10 10.01 Maintenance Responsibilities of Lessee. Appearance of the Site: Lessee shall, at its sole cost and expense, keep and maintain the Site in a first-class condition during the term of this Lease and any extensions thereof. Lessee shall be responsible for the maintenance of all equipment, furnishings, improvements, and fixtures used or useful at the Site. Lessee shall be responsible for the removal of all trash from the Site. Lessee shall be responsible for all ground maintenance including, but not limited to, mowing. 10.02 Damages. Lessee shall repair all damage to the leased or non leased portions of the Site caused by the Lessee, its employees, members, officers, agents, guests or independent contractors. ARTICLE 11 11.01 Quiet Enjoyment of Leased Property. Subject to the right of early termination, the County covenants and agrees that so long as no default exists in the performance of Lessee's covenants and agreements contained herein, Lessee shall peaceably and quietly hold and enjoy the lease Site and all parts thereof free from eviction or disturbance by the County or any persons claiming under, by or through the County. ARTICLE 12 12.01 Indemnification. To the extent of the insurance coverage set out in Article 16, Lessee agrees to indemnify and save the County (and its directors, officers, employees and agents) harmless from any liability, losses, damages, judgments, liens, expenses and costs (including, without limitation, reasonable attorneys' fees) sustained or incurred in connection with any claims, demands, suits, actions or proceedings made or brought against any such party as a result of any negligent act or omission of Lessee (or its directors, officers, employees and agents) in the performance of its obligations under this Agreement. For the purpose of this section, the term "County" shall be deemed to include the Board of County Commissioners and its agents, employees and affiliates. The Lessee hereby acknowledges - that payments made under this Lease includes consideration for the indemnification provided herein. The indemnifications contained herein shall survive the expiration or termination of the Lease. ARTICLE 13 13.01 Liability for Damage or Injur. The County shall not be liable for any damage or injury that may be sustained by any party or persons on the leased Site or connected in any way with the Lessee's operation of the Site other than damage or injury caused solely by the negligence of the County. ARTICLE 14 14.01 Damage or Destruction of Premises. If the leased Site is partially damaged, but not rendered unusable for the purposes of this Lease, the same shall be repaired with due diligence by the Lessee at its cost and expense. ARTICLE 15 15.01 Ingress and Egress. Subject to the rules, regulations, statutes, and ordinances governing the use of the Site, Lessee, his agents, members, officers, servants, patrons and -5- invitees, and his suppliers of service and furnisher of materials, shall have the right of ingress and egress to and from the Site. ARTICLE 16 16.01 Insurance. The Lessee shall maintain the following insurance during the term of this Lease: The Lessee shall produce and keep in full force and effect at all times, Public Liability Coverage insurance, Comprehensive General Liability including contractual liability covering the indemnif ication provision agreement contained in this Lease Agreement. Coverage shall provide a combined minimum limit of One Million and 0/100 dollars ($"1,000,000.00) per occurrence/$ 3 1000000 aggregate for bodily injury and property damage, and a certi f icate of such policies of insurance and all renewals thereof shall promptly be delivered to and held by the County. The County shall be an additional insured on the Lessee's policy of insurance. Proof of insurance must be provided to the County prior to any use of the Site by the Lessee. ARTICLE 17 17.01 Termination by County. A. The County may terminate this Lease without notice upon the occurrence of any of the following events. 1. Institution of proceedings in voluntary bankruptcy by the Lessee. 2. Institution of proceedings in involuntary bankruptcy against the Lessee if such proceedings continue for a period ninety (90) days. 3. Assignment by Lessee for the benefit of creditors. 4. Abandonment by Lessee of, and discontinuance of operations hereunder. 5. Failure to maintain required insurance B. The County shall have the right to terminate this Lease after thirty (30) days written notice sent by registered or certified mail to the Lessee, of the occurrence of one or more of the following, unless the same shall have been corrected within such period. 1. Nonperformance of any covenant of this Lease and failure of the Lessee to remedy such breach. 2. The conduct of any business or the merchandising of any product or service not specifically authorized herein. 3. Determination by County that Lessees activities on Site are causing or may cause an environmental disturbance. 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. 17.02 Termination by Lessee. Lessee shall have the right upon thirty (30) calendar days written notice to the County to terminate this Lease at any time after the occurrence of one or more of the following events: A. Issuance by any court of competent jurisdiction of any injunction substantially restricting the. use of the Site for commercial purposes, and the remaining in force of said injunction for more than ninety (90) calendar days. B. A breach by the County of any of the terms, covenants, or conditions contained in this Lease and the failure of the County to remedy such breach for sixty (60) calendar days after receipt of written notice sent by registered or certified mail from the Lessee of the existence of such breach. 17.03 Termination without Cause. Either party may terminate this Lease without cause upon thirty (30) days prior written notice to the other party. ARTICLE 18 18.01 Non -Discrimination. A. That Lessee f or itself, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree that: 1. No person on the grounds of race, color, national origin, or sex shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. 2. That in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, national origin, or sex shall be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination. 3. That the Lessee shall use the Site in compliance with all other requirements imposed by or pursuant to Title 45, code of Federal Regulations, Article 80, Nondiscrimination under programs receiving Federal Assistance. B. That in the event of breach of any of the above nondiscrimination covenants, the County shall have the right to terminate the concession and to re-enter and repossess the Site thereon and hold the same as if said concession had never been made or issued. C. Lessee shall not discriminate against any employees or applicants for employment to be employed in the performance of the contract with respect to hiring, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment because of age, sex, or physical handicap (except where based on a bonafide occupational qualification); or because of marital status, race, color, religion, national origin, or ancestry. In ARTICLE 19 19.01 Rules. and Regulations. The Lessee will observe, obey and comply with all rules and regulations adopted by the County and all laws, ordinances and/or rules and regulations of other governmental units and agencies having lawful jurisdiction, which may be applicable to Lessee's operations under this Lease. ARTICLE 20 20.01 Payment of Obligations. Lessee shall pay all taxes and other costs lawfully assessed against its leasehold interest in the leased Site, its improvements and its operations under the Lease provided, however, that Lessee shall not be deemed to be in default of its obligations under this Lease for failure to pay such taxes pending the outcome of any legal proceedings instituted to determine the validity of such taxes. ARTICLE 21 21.01 Availability of Lessee's Records. Lessee shall make available to the County's Auditors anytime from Monday through Friday, inclusive, between the hours of 9:00 a.m. and 5:00 p.m. all records and other pertinent information relating to Lessee's Operations as may be required for audit purposes hereunder, as determined by the County. ARTICLE 22 22.01 Inspection by County. The County may make periodic inspections of all of the leased premises and equipment to determine if such are being maintained in a neat and orderly condition. The Lessee shall be required to make any improvements in cleaning or maintenance methods required by the County. Such periodic inspections may also be made to determine whether the Lessee is operating in compliance with the terms and provisions of this Lease. ARTICLE 23 23.01 Site Repairs, Alterations and Additions by the County. The County shall have the absolute right, without limitations to make any repairs, alterations, and additions to any structures and facilities at the Site, including any facilities which maybe leased under this Lease, free from any and all liability to the Lessee for loss of business or damages of any nature whatsoever. ARTICLE 24 24.01 Termination of Contract. The Lessee, within seventy-two (72) hours following the termination of this Lease, shall forthwith remove all of its personal property not acquired by the County under the terms of this Lease. Personal property as defined herein shall not ` 40l include any fixtures, equipment and improvements permanently affixed. Any personal property of Lessee not removed in accordance with this Article may be removed by the County for storage at the cost of Lessee or shall constitute a gratuitous transfer of title thereof to the County for whatever disposition is deemed to be in the best interest of the County. The County shall not be liable to Lessee for the safekeeping of Lessee's personal property. Upon termination of this lease and the removal of all personal property by Lessee shall restore the Site to a neat, clean, and habitable condition. ARTICLE 25 25.10 Indulgence Not Waiver. The indulgence of either party with regard to any breach or failure to perform any provision of this Lease shall not be deemed to constitute a waiver of the provision of any portion of this Lease at either the time the breach or failure occurs or anytime throughout the term of this Lease. ARTICLE 26 26.01 Notices. Any notices submitted or required by this Lease shall be sent by registered or certif ied mail and addressed to the parties as follows: To the County: St. Lucie County Administrator 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 With a copy to: Parks and Recreation St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 With a copy to: St. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 To the Lessee: Beach Club Colony On the Ocean, Inc. Box 6028 Jensen Beach, FL 34957 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. ARTICLE 27 27.01 Interpretation; Venue. This Lease constitutes the entire agreement between the parties with respect to subject matter hereof and supersedes all prior verbal or written „ r `"00 agreements between the parties with respect thereto. This Lease may be amended only by written document, properly authorized, executed and deliverable by both parties hereto. This Lease shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Lease, 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. Waiver of any breach shall not constitute waiver of any other breach invalidation of any portion of this Lease shall not automatically invalidate the entire Lease. ARTICLE 28 28.01 ATTORNEYS' FEES AND COSTS. In the event of any dispute concerning the terms and conditions of this Lease or in the event of any action by any party to this Lease to judicially interpret or enforce this Lease or any provision hereof, or in any dispute arising in any manner from this Lease, the prevailing party shall be entitled to recover its reasonable costs, fees and expenses, including but not limited to, witness fees, expert fees, consultant fees, attorney, paralegal and legal assistant fees, costs and expenses and other professional fees, costs and expenses, whether suit be brought or not, and whether any settlement shall be entered in any declaratory action, at trial or on appeal. The liability of the Lessee and its surety or sureties for such fees and costs is joint and several. ARTICLE 29 29.01 CONFLICT OF INTEREST. The Lessee represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Section 112.311, Florida Statutes (2002) and as may be amended from time to time. The Lessee further represents that no person having any interest shall be employed for said performance. The Lessee shall promptly notify the County in writing by certif ied mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance that may influence or appear to influence the Lessee's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of Work that the Lessee may undertake and request an opinion of the County whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered by the Lessee. The County agrees to notif y the Lessee of its opinion by certif ied mail within thirty (30) days of receipt of notif ication by the Lessee. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Lessee, the County shall so state in the notification and the Lessee shall, at his/her option, enter into said association, interest or circumstance and it -10- shall be deemed not in conflict of interest with respect to services provided to the County by the under the terms of this Lease. ARTICLE 30 30.01 MEDIATION. In the event of a dispute between the parties in connection with this Lease, 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 shal I not be admissible as evidence in any subsequent proceeding concerning the disputed issue. IN WITNESS WHEREOF, the parties hereto have caused this Lease to be executed by their appropriate officials, of the date first above written. ATTEST: DEPUTY CLERK WITNESSES: T G19'S a'<6k BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY BEACH CLUB COLONY ON THE OCEAN, INC. Print Title ���f �Y'- 4 f Aa a Alh -11- M EXHIBIT "A" LEGAL DESCRIPTION Parcel #1. All of Government Lot #1 in the North 1/2 of Section 23, Township 34 South, Range 40 East, St. Lucie County, Florida, lying easterly of State Rad A-1-A (100 foot right -of -way), less the south 2719.13 feet thereof as measured at right angles to the osuth line of Government Lot.#1, as shown on Plat of Survey of said Section of 23, Recorded in Plat Book 8, Page 21, of the St. Lucie County, Florida Public Records, including littoral and riparian rights. Paragon 8 '0,5.06 ft. M M The company indicated below certifies described below is in force as of the does not amend, extend, or otherwise policy numbered and described below. CERTIFICATE HOLDER: ST LUCIE COUNTY UTILITIES DEPARTMENT 2300 VIRGINIA AVENUE FORT PIERCE, FL 34982 CERTIFICATE OF INSURANCE that the irsurance afforded by the policy or policies numbered and effective dite of th's certificate. This Certificate of Insurance alter the 7eims and Conditions of Insurance coverage contained in any INSURED: BEACH CLUB COLONY ON THE OCEAN INC PO BOX 6028 JENSEN BEACH, FL 34957 i I I TYPE 4F INSURANCE I POLICY NUMBEf; & ISSUING CO. j PC LICY ?OLICY IEFF. DATE � , I LIMITS OF LIABILITY ( LIAB£1-ITY + IEXI DATE 77-PR-177404-0001 104-06.03 f 04-06-04 I (*LIMITS AT INCEPTION) i CX] Lability and j NATIONWIDE I I Medical Expense I MUTUAL I I I I Any One Occurrence......,. s 1,000,000 I I CX] Personal and I I Advertising Injury) INSURANCE CO. I I I I Any One Person/pr i g $ 1,000,000 j I [XI Medical Expenses i IXJ Fire Legal I ( I I ANY ONE PERSON ........... g 5,000 I Liability I ( I ! I I I Any One Fire or Explosion $ 100,000 1 I I I I ( I I General Aggregate* ....... S 3.000,000 1 C J Other Liability I I I I I Prod/Comp Ops Aggregate* , S i AUTOMOBILE LIABILITY I I C] BUSINESS AUTO i ( i I Bodily Injury C J Owned I I I (Each Person) ..... I C J Hired I I I i (Each Accident) ........ s 1 I C J Nan -Owned I I I j Property Damage I ( I i ! I (Each Accident) .....,,. $ I i I I I Combined Single Limit .... S i EXCESS LIABILITY I i I I I I J Each Occurrence . ....,,,.. s I I C J Umbrella Form I I I i Prod/Comp Ops/Disease I Aggregate* ............. $ I I C Workers' I STATUTORY LIMTSI 1 I Compensation I ! BODILY INJURY/ACCIDENT Ii and I ( I! i I Bodily Injury by Disease I C 7 Employers' i I I EACH EMPLOYEE .......... 8 I I I Liability i I I Bodily Injury by Disease ( i I POLICY LIMIT ,g Should any of the above described policies k)e expiration date. the insurance cancelled before the DESCRIPTION OF OPERATIONS/LOCATIONS written notice to the above named company will endeavor to mail certificate holder, VEHICLES/RESTRICTIONS/SPECIAL ITEMS mail such notice shall impose no obligation or but failure to liability LIABILITY EXTENDS TO THE DLO company, its agents, or representatives. upon the LIFT STATION, OSCEOLA BLVD. JENSEN BEACH, FL Effective Date of Certificate; Date Certificate Issued; 04-06-2003 Authorized Representative: 0. R. POST AGENCY 02-18-2004 Countersigned at; 146 Nw CENTRAL PARK PLZ SSfUITE 1 In M RESOLUTION NO. 04-72 A RESOLUTION ALLOWING THE BEACH CLUB COLONY ON THE OCEAN, INC., A NOT FOR PROFIT CORPORATION, THE USE OF THE OLD WASTEWATER TREATMENT PLANT IN BEACH CLUB COLONY FOR RECREATIONAL ACTIVITIES; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Beach Club Colony on the Ocean, Inc., a not for profit organization (the "Beach Club"), has requested the use of site of the old wastewater treatment plant in Beach Club Colony for recreational activities; and WHEREAS, Section 125.38, Florida Statutes requires that any not for profit organization wishing to use any real or personal property that may be owned by any county or this state or by its board of county commissioners, for public or community interest and welfare, may apply to the Board of County Commissioners for a conveyance or lease of such property; and WHEREAS, Section 125.38 further states that if it is determined by the Board of County Commissioners that such property is required for such use and is not needed for county purposes, the Board can allow the use of such property; and WHEREAS, Lessee and the County desire to make the subject property available to Lessee for recreational activities. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The Board does hereby grant permission to use the site of the old wastewater treatment plant in Beach Club Colony for recreational activities. A sketch and legal description showing the location for the Site leased to Beach Club are attached hereto and made a part hereof as Exhibit "A". 2. The term of this use, shall be for a five-year period, with a renewal for two (2) additional periods of five (5) years with Board of County Commissioners approval, unless otherwise terminated. 1 n M 3. The Board further determines that there shall be an annual rental fee of ten ($10.00) dollars per year to the County for lease of the Site. After motion and second, the vote on this resolution was as follows: Chairman Paula A. Lewis XXX Vice Chairman John D. Bruhn XXX Commissioner Frannie Hutchinson XXX Commissioner Doug Coward XXX Commissioner Cliff Barnes XXX PASSED AND DULY ADOPTED this day of March 2004. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA Deputy Clerk M Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney 2 j EXHIBIT "A" LEGAL DESCRIPTION Parcel #1. All of Government Lot #1 in the North 1/2 of Section 23, Township 34 South, Range 40 East, St. Lucie County, Florida, lying easterly of State Rad A-1-A (100 foot right -of -way), less the south 2719.13 feet thereof as measured at right angles to the osuth line of Government Lot.#1, as shown on Plat of Survey of said Section. of 23, Recorded in Plat Book 8, Page 21, of the St. Lucie County, Florida Public Records, including littoral and riparian rights. Paragon 8 �5:ot ft. M COUNTY F LORI D A AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): UTILITIES DEPARTMENT ITEM NO. 3b DATE: March 2, 2004 REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: (X) PRESE ED Y: P.M. Bowers Interim Utility Director SUBJECT: Staff requests approval of a Change Order with Speegle Construction II, Inc. for the installation of additional pavement at the North Hutchinson Island WWTP in the amount of $4,200.00. FUNDS AVAILABLE: Funds to be made available 449-3600-563000-36001 Capital Improvements other than Buildings PREVIOUS ACTION: Board of County Commissioners approved continuing contract #CO2-08-601. RECOMMENDATION: Staff recommends that the Board approve the Change Orderwith Speegle Construction II, Inc. for the installation of additional pavement at the North Hutchinson Island WWTP in the amount of $4,200.00. COMMISSION ACTION: CONCURR E: +APPROVED O DENIED O OTHER: approved 5-0 D2niy a Anderson C Administrator "'FN1 County Attorney.. oa� Review and Approvals Management and Budget: 41�&9 Originating Dept: El Other: ❑ Finance: (Check for copy only, if applicable 0 Purchasing: El Other: Anyone with a disability requiring accommodations to attend this meeting should contact the St. Lucie County Community Services Manager at 772-462-1777 or TTD 772-462-1428, at least 48 hours (48) prior to the meeting. M UTILITY DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: P.M. Bowers, Interim Utility Directoof*0 DATE: March 2, 2004 RE: North Hutchinson Island Wastewater Plant Change Order BACKGROUND: The Change Order with Speegle Construction II, Inc. will provide forthe installation of additional pavement for the installation of a 16' x 40' x 4" concrete parking area at the North Hutchinson Island Wastewater Treatment Plant. This change order includes all labor, material, and supervision for the excavating, placing and finishing of the new parking area. The additional pavement is necessary to facilitate tractor trailer trucks in maneuvering in the parking area. RECOMMENDATION: Staff recommends that the Board approve the Change Order with Speegle Construction II, Inc. for the installation of additional pavement at the North Hutchinson Island WWTP in the amount of $4,200.00. CHANCE ORDER ST. LUCIE COUP .+ *400 PROJECT: (name, address) North Hutchinson Island WWTP 3251 N. AlA Fort Pierce, FL 34954 TO (Contractor): Speegle Construction. II, Inca 395 S. Range Road Cocoa, FL 32926 CHANGE ORDER NUMBER: 7 INITIATION DATE: 1/27/2004 CONSULTANTS PROJECT NO.: 00-0214 ST. LUCIE COUNTY CONTRACT NO: 02-068 CONTRACT DATE: You are directed to make the following changes in this Contract: (Additional sheet attached as Exhibit A — Yes As recuested b owner: Installation o� additional concrete pavement. Includes all ground preparation, placement, and other administrative costs. The original (Contract Sum) was ..........:............... $774, 000. 00 Net change by previous authorized Change orders ..................................... $102, 074.99 The (Contract Sum) (ice prior to this Change Order was ....... $876 , 074. 99 The (Contract Sum) will be (increased) (t5tXel i> ggd) by this Change Order ....................................................... $ 4,200.00 The new (Contract Sum) including this Change Order will be $880, 274. 99 The Contract Time will be *§Tg) (unchanged) by ( 0 ) Days The Date of Substantial Completion as of the date of this Change Order therefore is: February 4, 2004 Funds Available: Account Number The adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price and/or time adjustment due or owed the Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non -affected work under this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a result of increases or decreases in costs and time of performance caused directly and indirectly from the Change Order, subject to the current scope of theentire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable adjustment to the Contract, and that Contractor will waive all riahts to file a claim on this Change Order after it is properly executed. All work performed under this Change Order shall be performed in accordance with the contract specifications. Recommended: LHFH, Inc. Architect/Engineer 3550 SW Corp. Parkway Palm City, FL 34990 Addr 42. Ile BY ate Agreed To: Speegle. Construction II, Inc. Contractor 395 S . Ranee Road Co pa, FL 32926 Address a BY / ate Approved: St. Lucie County Utilities St. Lucie County Department 2300 Virginia Ave. Fort Pierce, FL 34982 Address 2-Z60 BY Date Authorized: St. Lucie County: 2300 Virginia Ave., Ft. Pierce, FL34982 BY Date Approved as to Form and Correctness County Attorney PINK - PURCHASING GOLDENRon - mNON(,.;= WHITE - VENDOR CANARY - DEPARTMENT en F�10,NT) I; I D A AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): UTILITIES DEPARTMENT ITEM NO. 3c DATE: March 2, 2004 REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: (X) PR EN D BY: P.M. Bowers Interim Utility Director SUBJECT: Staff requests approval of a Final Payment Application and release of retainage with RK Contractors, Inc. for work completed at the St. Lucie County Airport Industrial Park Phase I Sewer Collection in the amount of $8,229.50. FUNDS AVAILABLE: Funds to be made available 449-3600-563000-36001 Capital Improvements other than Buildings PREVIOUS ACTION: Board of County Commissioners approved continuing contract #CO2-08-601. RECOMMENDATION: Staff recommends that the Board approve the Final Payment Application and release of retainage with RK Contractors, Inc. for work completed at the St. Lucie County Airport Industrial Park Phase I Sewer Collection in the amount of $8,229.50. COMMISSION ACTION: ?APPROVED O DENIED O OTHER: Approved 5-0 % Review and Approvals Q" County Attorney: VA a -Management and Budget: Voriginating Dept:�-49 El Other: 0 Finance: (Check for copy only, if applicable): CONCUR CE: Do las Anderson County Administrator M'Purchasing:1, El Other: Anyone with a disability requiring accommodations to attend this meeting should contact the St. Lucie County Community Services Managerat 772-462-1777 or TTD 772-462-1428, at least 48 hours (48) prior to the meeting. a COCtNTY F L A R I D R UTILITY DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: P.M. Bowers, Interim Utility Directo J4 DATE: March 2, 2004 RE: RK Contractors, Inc. Project Completion of Airport Industrial Park Phase I Sewer Collection BACKGROUND: RK Contractors, Inc. has completed the project at the Airport Industrial Park for Phase I Sewer Collection and has submitted the final application for payment and release of retainage. RECOMMENDATION: Staff recommends that the Board approve the Final Payment Application and release of retainage with RK Contractors, Inc. for work completed at the St. Lucie County Airport Industrial Park Phase I Sewer Collection in the amount of $8,229.50. 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DATE: March 2, 2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Susan Kilmer SUBMITTED BY ( DEPT) : Library SUBJECT: St. Lucie West Library - Contracted Services BACKGROUND: St. Lucie County has been a partner with Indian River Community College and Florida Atlantic University to provide Branch Library service in the St. Lucie West community since 1995. The funds for this endeavor have been allocated within the Library's State Aid budget and the County's General Revenue funds. FUNDS AVAIL. 105-7115-534000-7950 Contracted Services 001-7110-534000-7950 Contracted Services PREVIOUS ACTION • The Board of County Commissioners entered into an agreement with Indian River Community College to provide public library service in St. Lucie West. These services have been in place since 1995 with contract #C95-08-592. RECOMMENDATION: Staff recommends approval of expenditures of $157,786 for Contracted Services at the St. Lucie West Library. Staff recommends that the County Administrator be authorized to sign the purchasing requisition for payment of services to Indian River Community College. COMMISSION ACTION: [ �] APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 CONCURRE E• Do Anderson, R County Administrator Review and Ao rovals XX County Attorney: ' XX Mgt. 6 Budget: Purchasing: XX Originating Dept. y� Other: Other: Finance: (Check for copy only, if applicable) M n MEMORANDUM ST. LUCIE COUNTY LIBRARY TO: Board of County Commissioners FROM: Susan Kilmer, Library Director DATE: February 24, 2004 SUBJECT: St. Lucie West Library The Board of County Commissioners entered into an interlocal agreement with Indian River Community College in 1995 to provide Library services in a branch capacity on the St. Lucie West Campus of IRCC. The St. Lucie West Library is a three (3) way usage facility with students from Indian River Community College, Florida Atlantic University and the general public having access to all of the technology and collections available at this site. The Library Department, through the State Aid to Libraries grant, provides funding for two (2) full time staff members as well as operational funds on an annual basis. During the budget review session in 2001 it was also agreed upon that the BOCC would provide additional funding for IRCC out of general revenue. The fiscal year amount agreed upon to provide these services is $197,708 with $157,786 paid directly to Indian River Community College and $39,922 for the book rental plan, audio book plan, reference books, subscriptions, postage and communication costs paid directly to the vendors. This cooperative venture continues to be a win -win endeavor for the residents of St. Lucie County, with the growth in Port St. Lucie we are seeing more and more new residents signing up for library cards. The access to advanced technology, on -site computer training and a diverse collection of materials for public use is a wonderful addition to the Library System. The statistics continue to show that the greatest use of this facility does come from the general public — so for the money spent, the County is getting an excellent return on their investment. We look forward to our continued cooperative library service for this community. M St. Lucie West Library Budget 2003-2004 Salaries & Benefits Books* Subscriptions* Communications* Landmark Audio Books* Postage* Other (supplies, utilities, etc) Total Funding for St. Lucie West Library State Aid to Libraries grant funds County General Revenue funds $131,786 28,452 4,800 4,820 1,800 50 26,000 $197,708 $131,453 66,255 Items marked with an asterisk (*) are paid by the Library for St. Lucie West, remaining items are paid directly to Indian River Community College `le AGREEMENT between INDIAN RIVER COMMUNITY COLLEGE and ST. LUCIE COUNTY relating to THE PROVISION OF LIBRARY SERVICES AT ST. LUCIE WEST This Interlocal Agreement is made by and between the DISTRICT BOARD OF TRUSTEES of INDIAN RIVER COMMUNITY COLLEGE, (hereinafter referred to as "Trustees") and ST. LUCIE COUNTY, a political subdivision of the -State of Florida (hereinafter referred to as "County") to provide a joint use library. WHEREAS, Trustees own real property including a 10,000 square foot library building at the St. Lucie West Campus; and, WHEREAS, it is Trustee's desire to provide full library facilities for its students and faculty at the St. Lucie West Campus; and, WHEREAS, it is County's desire to provide branch library services in the St. Lucie West area as part of the St. Lucie County Public Library System; and, WHEREAS, the parties hereto have determined that it would be to the mutual advantage of each and in the best interest of both the citizens of St. Lucie County and the faculty, staff, and students of Indian River Community College to provide for the joint use of library facilities. 1 NOW, THEREFORE, in consideration of the mutual advantages accruing to the parties and the benefits, promises, and considerations hereinafter set out, Trustees and County agree as follows: I. PURPOSE AND INTENT Trustees and County wish to maximize the use of their respective resources and to provide state -of the -art information services for the students and faculty of Indian River Community College and the residents of St. Lucie County. It is further the intent of the parties: A. To provide high quality library services to the public at large and to the faculty and students of the College. B. To maximize the use of funds and facilities for libraries and avoid unnecessary duplication of facilities and services. C. To jointly provide programs and facilities that are better than either entity could provide on its own. D. To further the relationship between College and the community. E. To provide students and faculty of the College with access to the larger holdings of the Library. F. To provide the citizens of St. Lucie County with access to the electronic resources of the College. II. ROLE OF THE PARTIES In consideration of mutual covenants and promises herein contained, Trustees and County agree as follows: A. County agrees to provide funds to Trustees in the amount of $118,939 for the purchase of equipment, shelving, books, subscriptions, audiovisual resources, supplies, utilities, and support one full-time staff position including benefits. The 1994-1995 budget to accomplish these ends is attached and hereto referred to as Exhibit A. For fiscal year 1995-96, County agrees to provide funds to Trustees in the amount of $50,000 for the purchase of books, subscriptions, audiovisual resources, supplies, utilities, and additional funding to support one full-time staff position including benefits. B. For future fiscal years, the parties agree to meet on or before February 1 of each fiscal year beginning February 1, 1996 to confer and develop a proposed operating budget. Trustees agree to provide County within ninety (90) days following the end of each fiscal year evidence of expended funds provided and receipts supporting those expenditures. C. County agrees that the responsibility for the administration of the shared resources center rests with the College's Learning Resources Director. D. County and Trustees agree that a joint liaison committee wili be established consisting of representatives of the two institutions to examine the shared resources operation and advise the Director on budget, acquisitions, and other aspects of the joint use library operation. E. Trustees agree that equipment and maintenance thereof will be the *"� responsibility of the Trustees except that County will be responsible for the SIRSI on-line catalog terminals and peripherals. 3 F. Trustees agree to inventory and advise County of any and all library materials, equipment and furnishing purchased with County funds. Trustees agree that County will control the selection and purchase of books and materials by County for the library. G. Trustees will house within existing library facility mutually agreed upon collections or newly purchased library materials that County deems necessary to support the residents of County. H. Trustees and County agree to provide reciprocal borrowing for residents of St. Lucie County and the faculty and students of the College. I. Trustees agree to circulate County's library materials on County's circulation system. resources. J. Trustees agree to provide County access to the College's electronic K. Trustees and County will mutually agree upon a wiring infrastructure that will accommodate the library automation systems in use at the St. Lucie West library facility. L. Trustees agree to be responsible for damages to County's designated equipment and to give proper notification to County when equipment needs normal maintenance or basic service occurring during the periods County's designated equipment is used by Trustees. .-4 4 M. When fully operational, Trustees agree to open the library for public use during the following minimum hours: Monday through Friday 9:00 a.m. - 5:00 p.m.. two nights each week until 8:00 p.m. and from 9:00 a.m. - 12:00 p.m. on each Saturday. N. In the event of discontinuance of funding by the Florida Legislature in subsequent years, or the termination of this contract, the SIRSI library system and rental book collection shall revert to County. All other items shall become the property of Trustees. 0. County agrees that Florida Atlantic University will participate in the shared resources center. All parties participating agree to the conditions necessary to maximize access to the information resources provided by each institution. Ill. TERM: TERMINATION This Agreement shall be effective for a period of twenty (20) years beginning July 1, 1995; provided, however, that either party may elect to terminate the agreement with or without cause on 120 days written notice of said termination. Funds involved in said agreement shall be prorated through the date of termination. IV. AMENDMENT This agreement may be amended by written agreement of the parties. V. NOTICES All notices, requests, consents, and other communications required or permitted under this Agreement shall be in writing (including telex and telegraphic 'A communication) and shall be (as elected by the person giving such notice) hand delivered 5 by messenger or courier service, telecommunicated, or mailed (airmail if international) by v registered or certified mail (postage prepaid), return receipt requested, and addressed to: As to St. Lucie County: With a copy to: St. Lucie County Administrator 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 As to Trustees President Indian River Community College 3209 Virginia Avenue Fort Pierce, Florida 34982-5596 St. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 With a copy to: IRCC Board of Trustees Attorney 311 South Second Street Fort Pierce, Florida 34950 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 telecommunicated if by telegraph, (c) on the date of transmission with confirmed answer back if by telex, and (d) 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, K mailed. VI. A_ The parties agrees that either party or any of its duly authorized representatives shall, until the expiration of five (5) years after expenditure of funds under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of the other party involving transactions related to this Agreement. ll VII. PUBUC RECORDS The parties shall allow public access to all documents, papers, letters, or other materials subject to the provisions of Chapter 119, Florida Statutes, and made or received by either party in conjunction with this Agreement. Vill. ASSIGNMENT No party shall assign this Agreement to any other persons or firm without first obtaining the non assigning parties' approval. IX. WHOLE UNDERSTANDING This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the date aforesaid. ATTEST: BOARD OF COUNTY COMMISSIONERS BY: .( )-a� e ��� 0ASAJAMAN APP BY: 7 )VE AS TO FORM AND CORRIFECTNESS COUNTY AVORNEY ATTEST: BOARD OF TRUSTEES OF INDIAN RIVER COMMUNITY COLLEGE le 7 BY: 6e6 EDWIN R. MASSEY PRESIDENT APPROVED AS TO FORM AND CORRECTNESS BY: ATTO Y 0 ,�W Agenda Request Item Number 5 Date: March 2, 2004 Consent ( X ] Regular [ ] Public [ ] Presentation Leg. [ ] Quasi -JD [ ] To: Board of County Commissioners Presented By Submitted By: Community Development - 1L�l Tourism nity Development Director SUBJECT: Simple Success Marketing Advertising Invoices BACKGROUND: Simple Success Marketing has been contracted to provide advertising services for the St. Lucie County Tourist Development Council. The attached invoices in the amount of $6,730 represents costs for the following: $ 3,230.00 Monthly Retainer Fees — December 2003 and January 2004 $ 3,500.00 Internet Advertising Request approval for payment on the invoices for the months of December 2003 and January 2004 in the amount of $6,730.00. On February 11, the Tourist Development Council approved payment of the attached invoices for services provided. FUNDS AVAILABLE: Tourism Other Contractual Services Account 611-5210-534000-500 PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends Board approval to pay the attached invoices. COMMISSION ACTION: CONCU ENCE: APPROVED DENIED OTHER Approved 5-0 ouglas M. Anderson County Administrator County Attorney R/ , Originating Dept.:_ Finance: Coordination/ Signatures Mgt. & Budget: QAf� Other: Purchasing: Other: M COMMISSION REVIEW: March 2, 2004 COMMUNITY DEVELOPMENT DEPARTMENT TOURISM MEMORANDUM TO: Board of County Commissioners FROM: Gayla Barwick, Tourism THRU: Dennis Murphy, Community Development Director DATE: March 2, 2004 SUBJECT: Simple Success Marketing Advertising Invoices Simple Success Marketing has been contracted to provide advertising services for the St. Lucie County Tourist Development Council. Staff is requesting approval for payment on the attached invoices for December 2003 and January 2004 the amount of $6,730. If you have any questions, please let us know. cc: County Administrator County Attorney f SIMPLE SUCCESS MARKETING, INC. 2646 SW Mapp Road Suite 305 PALM CITY, FLORIDA 34990 (772) 287.2098 no St. Lucie County Tourism Department C' .4TTN: Gayla Barwick — SI 2300 Vhginia Ave. Ft. Pierce, FL 34982 TERMS: Due Upon Receipt Service Retainer December t -31. 2003 TO T" XL THANK YOU eoo To RWdN OMER ORDER NO. SPERSON S1,G15 100 SIMPLE SUCCESS MARKETING, INC. 2646 SW Mapp Road Suite 305 PALM CITY, FLORIDA 34990 (772) 287-2098 r CUSTOMER ORDER NO. Lucie County 'I oul'ism Departl,*W.,. AMI Gayla Barwick I- SALESPERSON I* Vitginia, Ave. Ft. Fime, FL 34982 TERMS: Dug? januaryl, 2004 Service Retainer January 1-31, 200.4 T()T-kI-1 'HANK YOU Q To PAOrder 80MUsM or fobs.own VIA -Z s S 1,615 100 e SIMPLE SUCCESS MARKETING, INC. 2646 SW Mapp Road Suite 305 PALM CITY, FLORIDA 34990 (772) 287-2098 St -Lucie County Tourism Department ATTN: Gayla Barwick 2300 Virginia Ave. Ft. Pierce, FL 34982 TERMS: Due...Upow Receipt CUSTOMER ORDER NO. V a ay j: SALESPERSON VIA TIZ[Pinfo.com 120 pixels ;N-U.; % 60 pixcls higfli N1.11-k-et Dutton ad oN it!] multipic buttons) on III'if Nhirl..et. 111clud,-s direLlorv. IlAs on 113f and 1'-'a I-itil<-, on Travel Nlotillor Nevodeit,sr Insertion har:,udvv 1 2004 T0 I.kl' HANK YOU Aw To Awdo 000-2264= or nabs m, m d S3. .500. ,'-%3,500 100 in AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): ENGINEERING DIVISION 4115 ITEM NO. C-6 DATE: March 2, 2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XI PRESENTED BY: Michael Powley, P.E. County Engineer SUBJECT: Request for a Public Hearing on Capron Trails Mine to increase their hours of operation. BACKGROUND: The Capron Trails Mine is located in northern St. Lucie County just west of Interstate 95 and north of Indrio Road. The property was granted conditional use approval to mine in 1989. The original mining permit was approved by the Board on March 28, 1989 and allowed for approximately 80 acres to be excavated. On December 17, 1996 the Board approved a modification to the permit to expand the mining operation from 80 acres to 160 acres. On March 28, 2003 the Board approved a modification to the permit to add another 80 acres to expand to 240 acres. To fulfill the requirements of other regulatory agencies for the CaraCara Bird the expansion was modified. Due to the strong market demands for their product, the permittee has requested permission to increase their hours of operation from 6:00 A.M. — 6:00 P.M. to 4:00 A.M. — midnight. This proposed Board action would not alter their shipping hours of 6:00 A.M. — 6:00 P.M. FUNDS AVAIL.: N/A. PREVIOUS ACTION: March 28, 1989: Board approved a mining permit for 80 acres. December 17, 1996: Board approved modifying the mining permit from 80 acres to 160 acres. The permit was renewed at this time. January 7, 2003: Board approved to schedule a public hearing for February 4, 2003 or soon thereafter. March 28, 2003: Board approved modifying the mining permit to 240 acres. RECOMMENDATION: Staff recommends Board approval for a public hearing date of April 6, 2004 or soon thereafter to consider the request of the Capron Trail Mine to increase their hours of operation. COMMISSION ACTION: [ APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 [x]County Attorney [x]Originating Dept. Public Works V" CONCURRE DoVos Anderson County Administrator Coordination/Signatures [x ]Env. Res. Div- * `I 11 [x]Co. Eng /1 60 [x ]Comm. Dev. &I []Budget/Reven Coo . im AGENDA REQUEST Item Number 7 Regular ( ) Public Hearing ( ) Consent ( X ) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Commissioner Frannie Hutchinson SUBJECT: Investment Committee Appointment BACKGROUND: FUNDS WILL BE AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Ratify Commissioner Hutchinson's appointment of Mike Dillman to the Investment Committee. COMMISSION ACTION: () APPROVED ( ) DENIED ( ) OTHER Approved 5-0 REVIEW AND APPROVAL: County Attorney Management & Budget, Originating Department Other Finance: (Check for Copy only, if applicable) CONCURR CE: DoKudfas Anderson County Administrator .Purchasing Other