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HomeMy WebLinkAboutAgenda Packet 02-03-04 r 'wi ~ ~ .~....: --;::-:J': - .~.' ...:v":,t"'·'::':~!"::l f.) , FEBRUARY 3, 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: (t) 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, pleåse 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 àdvertised. 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- t 777 or TDD (772) 462- t 428 at least forty-eight (48) hours prior to the meeting. "" BOARD OF COUNTY COMMISSIONERS www.co.st-Iucie.fl.us ...,J - " -~.i =;'A- ,,' ~-:..' -- - . . Y<' "~. ' ~ Paula A. Lewis, Chairman John D. Bruhn, Vice Chairman Doug Coward Frannie Hutchinson Cliff Barnes District No. 3 District No. 1 District No.2 District No. 4 District No. 5 February 3, 2004 7:00 P.M. INVOCATION PLEDGE OF ALLEGIANCE l¡;-O 11/e.ð. IW 2. V" MINUTES Approve the minutes of the meeting held on January 27,2004 PROCLAMATIONS/PRESENTATIONS vReading of the announcements by the County Administrator 3. vGENERAL PUBLIC COMMENT 4. vtONSENT AGENDA ~?'DVeJ 5-0 --------- -------- - -- -- ------ PUBLIC HEARINGS 5. vfhere are no Public Hearings scheduled for February 3, 2004 6. (G"eA ~k)) 7. ~ END OF PUBLIC HEARINGS --------- /" ~-- - V ADMINISTRATION Development of a Research/Education Park in St. Lucie County - Consider staff recommendation to allocate 30,000 from contingency to perform the appraisals and due diligence as the first step in acquiring these properties. Staff is also recommending the Board allocate an amount not to exceed $20,000 from contingency to prepare a campus site plan. Finally, staff is requesting authorization to go out for Requests for Proposals (RFP's) to perform a "needs assessment" for the planned research park. COMMUNITY DEVELOPMENT . Consider comments to a series of proposed amendments to the Port St. Lucie Comprehensive Plan Amendments _ Consider staff recommendation that the County submit comments to the Department of Community Affairs and the City of Port St. Lucie. '--" ,..", Regular Agenda February 3, 2004 Page Two 8. ~ð ~p COMMUNITY DEVELOPMENT Port St. Lucie Annexation Ordinance No. 04-04, 04-08 and 04-09 - Consider Initiating Conflict Resolution proceedings pursuant to Chapter 164, Florida Statutes. - Consider staff recommendation not to initiate the Conflict Resolution with the City of Port St. Lucie, however, request that the City provide the County the opportunity to be a full review and comment agency for any development proposal that may be filed on the properties associated with these annexations. /9. 1 Work Authorization - Masteller & Moler, Inc. - Consider staff recommendation to approve a Work () ~ð' Authorization with Masteller & Moler, Inc. for engineering services for the extension of a 12" water main ,\!>" ~ from the St. Lucie Fairgrounds Water Treatment Plant to the Seminole Tribe Lands in the amount of , ( . ~$213,700.00. '. ~(\o ~~ lJ ' ~r¿Qj UTILITIES /" /" '-" ....., CONSENT AGENDA February 3. 2004 1. WARRANTS LISTS Approve warrants list No. 20 2. PUBLIC WORKS A. Request permission to advertise for proposals from qualified consulting engineers to provide St. Lucie County with general engineering services related to Dredging/Disposal Site for the Port and other canal restoration projects throughout the County. - Consider staff recommendation to grant permission to advertise for proposals from qualified consulting firms to provide 51. Lucie CountY with general engineering services related to Dredging/Disposal Site Design under the limitation of the St. Lucie County Purchasing Manual and the Florida State Statutes. B. Work Authorization No. 1 with Taylor Engineering, Inc. for a Seagrass Survey at Fort Pierce Harbor. - Consider staff recommendation to approve the Work Authorization with Taylor Engineering, Inc. in the amount of $14,997.00 for a seagrass survèy at Fort Pierce Harbor, and authorize the Chairman to sign. C. Engineering Services Contract with Dredging & Marine Consultants, Inc. (DMC) for preparation of bid specifications and documents for Taylor Creek Dredging Projects. - Consider staff recommendation to waive the RFP process for professional services, and approve the contract with DMC Engineers in the amount of $24,970.00 for preparation of bid specifications & documents for the Taylor Creek Dredging Project, and authorize Chairman to sign. D. South Florida Water Management District (SFWMD) Grant for Paradise Park Stormwater Improvements in the amount of $500,000.00 - Consider staff recommendation to approve the Grant contract with SFWMD in the amount of $500,000 for Paradise Park Stormwater Improvements, and authorize the Chairman to sign. 3. AIRPORT A. Budget Resolution for security coverage at St. Lucie County International Airport. - Consider staff recommendation to approve Budget Resolution 04-35 for the Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) $57,375 grant for security coverage at 51. Lucie County International Airport. B. Accept grant for security coverage at St. Lucie County International Airport - Consider staff r~ommendation to accept the Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA), and authorize the Chairman to execute the supplemental JPA and Resolution No. 04-49, authorizing the Chairman to sign the agreement, and accept the FDOT $60,000.00 supplemental grant for security. C. Accept the grant for the Benefit/Cost Analysis for proposed parallel runway. - Consider staff recommendation to accept the Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA), and authorize the Chairman to execute the JPA and Resolution No. 04-50 authorizing the Chairman to sign the agreement, and accept the FDOT $8,333.00 grant for security coverage at the St. Lucie County International Airport. D. Budget Amendment (resolution) for the· purchase of movable stairs - Consider staff recommendation to approve Budget Amendment (Resolution No. 04-120) for $1,825.00 to purchase PNX-FIS 106 movable stairs form Phoenix Metal Products, Inc. for safe access to storage area in maintenance building at St. Lucie County International Airport. E. Resolution No. 03-326 for Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) funding for Airport Runway 14/32 - Consider staff recommendation to approve Budget Resolution No. 03-326. '-' ---..I Consent Agenda February 3, 2004 Page Two 4. COUNTY ATTORNEY A. White City drainage project - Canal D - Contract for Sale and Purchase of 15 ft Right-of-Way on Citrus Avenue - Consider staff recommendation to approve the Contract with Mr. & Mrs. Rowe, authorize the Chairman to execute the agreement and direct staff to close the transaction, authorize the Chairman to execute Resolution No. 04-47, and Resolution No. 04-48, instruct staff to Resolutions in the Public Records of St. Lucie County, Florida. . B~ South 25th Street Roadway Widening - Midway Road to Edwards Road - Temporary Easement- Consider staff recommendation to approve the Purchase Agreement with Mr. and Mrs. Jerry Davis in the amount of five hundred eighty and no/100 dollars ($580.00) as shown on the attàched sketch and legal description, authorize the Chairman to execute the Purchase Agreement and direct staff to close the transaction and record the documents in the Public: Record of St. Lucie County, Florida. C. South 25th Street Roadway Widening - Midway Road to Edwards Road - Temporary Easement- Consider staff recommendation to approve the Purchase Agreement with Mr. and Mrs. Dennis Passman in the amount of five thousand one hundred seventy five and no/100 dollars ($5,175.00) as shown on sketch and legal description, 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. D. South 25th Street Roadway Widening - Midway Road to Edwards Road - Permanent Easement and Temporary Construction Easements - Consider staff recommendation to accept the Permanent Easement and Temporary Construction Easements, authorize the Chairman to sign Resolution Nos. 04-51, 04-52, and 04-53 and direct staff to record the document in the Public Records of St. Lucie County, Florida. E. Lennard Road Widening Project - FDOT Parcel No. 100 for Lennard Road Right-of-Way - Consider staff recommendation to approve the 10' Utility Easement in favor of Florida Power & Light Company, authorize the Chairman to execute the Easement and instruct staff to record the Easement in the Public Records of St. Lucie County, Florida. 5. PARKS AND RECREATION Roof repjacement at the Fort Pierce Community Center - Consider staff recommendation to approve reprogranf"of the leftover $34,514.00 from the Recreation Division Office improvement project to the Fort Pierce Community Center to replace the roof. Staff further requests permission to advertise for bids for the roof replacement. 6. CENTRAL SERVICES A. Release of retainage - TECO Energy Services, Inc. - Consider staff recommendation to approve final payment of retainage In the amount of $319,659.60 to TECO Energy Services, Contract No. C01-09-590. B. Re-bid Wastewater Screening Facility at Rock Road Jail - Consider staff recommendation to reject the two bids submitted and re-bid with modifications to the original design and specification. 7. COMMUNITY DEVELOPMENT A. Twisted Oak Estates Subdivision - Final Plat Review - Consider staff recommendation to approve the Plat for the "Twisted Oak Estates Subdivision" and authorize staff to complete the final processing of this plat. ~ ....., Consent Agenda February 3, 2004 Page Three B. Resolution No. 04-010 approving the request of Frank Vega, for a Major Site Plan Approval to allow the construction of a 162,841 square foot truck storage and distribution facility. - Consider staff recommendation to approve Resolution No. 04-010, subject to the conditions contained within the resolution. 8. INVESTMENT FOR THE FUTURE Re-allocation of budgeted funds - Consider staff recommendation to approve the reallocation of funds from the Lakewood Park Library Maintenance Projects to the Courthouse Annex Maintenance Projects from the Investment for the Future Funds in the amount of $15, 000.00 9. GRANTS Request to submit two grants to the Florida Department of Community Affairs Emergency Management Competitive Grant Program to establish a Citizens Emergency Response Team (CERT) and for a Communications Vehicle. - Consider staff recommendation to authorize the Chairman to sign the transmittalletter/title page and staff to submit two grants to the Florida Department of Community Affairs Emergency Management Competitive Grant Program to establish a Citizens Emergency Response Team (CERT) and for a Communications Vehicle /" /" '. '-' """" ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS -- ---- ANNOUNCEMENTS FEBRUARY 3, 2004 A. The North County Charrette will take place from February 7, 2004 through February 13, 2004 with the primary public input session of the charrette occurring on Saturday, February 7, 2004 from 10:00 AM until 4:00 PM at the Lakewood Park Elementary School. The Public is also Invited to a presentation of the charrette report on Friday, February 13, 2004 from 7 :00 PM until 9:00 PM at the Lakewood Park Elementary School. B. The Board of County Commissioners will hold a Strategic Planning Session Of! February 19, 2004 at The Panther Woods Country Club, 9425 Meadowood Drive, Fort Pierce, Florida, from 8:00 AM to 5:00 PM C. There will be a dedication of the" The Partnership," an Arts in Public Places Project, on Wednesday, Feb. 11th at 1:30 p.m. at the St. Lucie County Marine Center Courtyard (420 Seaway Drivel Fort Pierce, at Museum Pointe.) This is a joint project between St. Lucie County and the City of Fort Pierce. D. The 37th Annual St. Lucie County Fair will begin on Friday, Feb. 27th and run through Sunday, Mar. 7th at the St. Lucie County Fairgrounds. ~ ì J-- M~J, led 4D-.J l 4 Ii ,;) :c1::PI"I sc1h~-Ce^'~-er /" /" 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 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. ~ ~ ADDITION --= ITEM NO. RA1' ---",_.~ - - . ' .. ..' . . - ;_~ ,_._. _,.. ._" - . __. 0-' DATE: February 3.2004 AGENDA REQUEST REGULAR: (X) PUBLIC HEARING: ( ) CONSENT: ( ) SUBMITTED BY (DEPT): UTILITIES DEPARTMENT p~ P.M. Bowers Interim Utility Director TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Staff recommends that the Board declare an emerqencv and approve extending the current contract with Astaldi Construction Corporation for the installation of water and wastewater transmission lines from the existing Holiday Pines water and wastewater plants. Installation includes Masteller & Moller, Inc. engineering, plans, design, permits, inspections, survey, as-builts, and installation. Transmission lines will extend approximately 7 ~ miles at a cost not to exceed $2,692,800. FUNDS AVAILABLE: The funds will come from an interfund loan from the General Fund to be repaid with interest at 2%. (001-9910-599300-800 - General Emergency Reserves) PREVIOUS ACTION: Board approved contract #C03-07-506 dated July 22,2003 between St. Lucie County and Astaldi Construction Corporation. RECOMMENDATION: Staff recommends that the Board declare an emergency and approve the piggyback contract with Astaldi Construction Corp. for the installation of water and wastewater transmission lines. Staff also recommends approval of interfund loan from the General Fund to be repaid with interest at 2%. COMMISSION ACTION: H APPROVED o OTHER: o DENIED --" /" Approved 5-0 'ts County Attorney: "hJ Originating Dept: y ~ Review and Approvals 'EJ Management and Budget: ~ ~ Purchasing: o Other: o Other: o Finance: (Check for copy only, If applicable): Anyone with a disability requiring accommodations to attend this meeting should contact the St. Lucie County Community SeNices Manager at 772-462-1 m or TTD 772-462-1428, at least 48 hours (48) prior to the meeting. ......-- --...... '-' .....,¡ AbDITION " - ITEM NO. RA2 DATE: February 3.2004 AGENDA REQUEST REGULAR: (X) PUBLIC HEARING: ( ) CONSENT: ( ) SUBMITTED BY (DEPT): UTILITIES DEPARTMENT PRES~TED BY: ~~ P.M. Bowers Interim Utility Director TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Staff requests that the Board approve a Work Authorization with Camp Dresser & McKee, Inc. for the site analysis of a future wastewater plant in St. Lucie County in the amount of $56,550. FUNDS AVAILABLE: The funds will come from an interfund loan from the General Fund to be repaid with interest at 2%. (001-9910-599300-800 - General Emergency Reserves) PREVIOUS ACTION: Board approved (1/27/04) previous work authorizations for the Holiday Pines Water and Wastewater Treatment Plant expansions. RECOMMENDATION: Staff recommends that the Board approve a Work Authorization with Camp Dresser & McKee, Inc. for site analysis of a future wastewater plant in St. Lucie County in the amount of $56,550. Staff recommends approval of interfund loan from the'~eneral Fund to be repaid with interest at 2%. /" as Anderson nty Administrator COMMISSION ACTION: H APPROVED -Ö-OTHER: /" 0 DENIED Approved 5-0 '@ Originating Dept: y ~ Review and Approvals \¡ Management and Budget: 2/l-:O C¡;JIJJ{.-p 0 Purchasing: o Other: 0 Other: "s County Attorney: o Finance: (Check for copy only, if applicable): Anyone with a disability requiring accommodations to attend this meeUng should contact the St. Lucie County Community Services Manager at 772-462-1 m or TTD 772-462-1428. at least 48 hours (48) prior to the meeUng. '-' AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): ADMINISTRATION SUBJECT: Development of a Research/Education Park in Sl Lucie County BACKGROUND: See Attached Memorandum FUNDS AVAILABLE: 001-9910-599100-800 General Fund Contingency $51,000 PREVIOUS ACTION: N/A .....I ITEM NO.2 DATE: February 3.2004 REGULAR: (X) PUBLIC HEARING: ( ) CONSENT: ( ) RECOMMENDATION: Staff is recommending that we allocate $31,000 from contingency to perform the appraisals and due diligence as the first step in acquiring these properties (see attached map). Staff is also recommending that we allocate an amount not to exceed $20,000 from contingency to prepare a conceptual campus site plan. Finally, staff is requesting authorization to go out for Requests for Proposals (RFPs) to perform a "needs assessment" for the planned research park. COMMISSION ACTION: !XAPPROVED ;' 0 DENIED o OTHER: Approved 5-0 Review and Approvals o County Attorney: o Management and Budget: o Originating Dept: o Other: o Other: :;iA glas derson nty ministrator o Purchasing: º 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 Manager at 772-462-1777 or 7TD 772-462-1428, at least 48 hours (48) prior to the meeting. H:\WIN\O WORD\AGENDAW\RESEARCHEDPARK.DOC '-w ...J Agenda Request Item Number: MeetinQ Date: í) Feb 3, 2004 Consent Regular Public Hearing Leg. [ ] [ ] [ X ] [ ] Quasi-JD [ To: Submitted By: Board of County Commissioners Community Development Presented By SUBJECT: Consider comments to a series of proposed amendments to the Port St. Lucie Comprehensive Plan Amendments BACKGROUND: The City of Port St. Lucie has submitted to the Florida Department of Community Affairs a series of proposed amendments to the City's Comprehensive Plan. Many of these amendments effect lands that presently lie within the unincorporated areas of the County, but that are also subject to petitions of annexation, that are being processed simultaneously with these Future Land Use Map Amendments. The attached paragraphs outline each of the proposed amendments and a brief summary assessment of the amendment. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A .r- Staff recommends that the County submit the attached comments to the Department of Community Affairs and the City of Port St. Lucie. RECOMMENDATION: COMMISSION ACTION: RENCE: [X] APPROVED D DENIED c=J OTHER Approved 5-0 Motion to pass with supplemental language about Joint Planning Agreement (IPA) , . County Attorney Originating Dept.: Finance: ,,~ Coordination/ Signatures Mgt. & Budget: Other: Purchasing: Other: (agend770) '-' .....J Agenda Request Item Number: MeetinQ Date: tJ () Feb 3, 2004 Consent Regular Public Hearing Leg. [ ] [ ] [ X ] [ ] Quasi-JD [ To: Submitted By: Board of County Commissioners Community Development Presented By 1 ent Director SUBJECT: Port S1. Lucie Annexation Ordinances 04-04, 04-08 and 04-09 --- Consider I 'tiating Conflict Resolution proceedings pursuant to Chapter 164, Florida Statutes BACKGROUND: Attached are copies of recent advertisement announcing the intent of the City of Port St. Lucie to annex certain lands in the County into the City. The second, and final, hearing on these annexations will take place on Tuesday, February 9, 2004. Section 171.043, Florida Statutes, sets out requirements for annexation. In sum, these standards require that the area to be annexed must be contiguous to the municipality's boundaries at the time the annexation proceeding is begun and it must also be reasonably compact. The annexing area must have all or part of the area to be annexed developed for urban purposes, as further defined in the statute. The annexing municipal governing body may include areas that do not meet the definition of "urban in character" if the area to be annexed lies between a municipal boundary and an area already developed for urban purposes, so that the area developed for' urban purposes is either not adjacent to the municipal boundary or cannot be served by the municipality without extending services or water or sewer lines through such sparsely developed area; or is adjacent, on at least 60 percent of its external boundary, to any combination of the municipal boundary and the boundary of an area or areas developed for urban purposes as defined in the Statute. The attached annexations appear to marginally meet the requirements for annexation. However, these areas of annexation are moving the City into areas of the County where the parcels in question cannot be accessed without traversing County facilities. The City has provided the County no information or an opportunity for input as to how the impact from these annexations may be mitigated. Further, while these annexations individually do not appear to be in violation of Florida Statutes, they are coming very close to creating pockets/enclaves of unincorporated County that would likely be seen as inconsistent with the requirements of Section 171.044(5), Florida Statutes. Future annexations in the area of Ordinance 04-08 could result in violations of state standards regarding annexation. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A /" RECOMMENDATION: Staff recommends that the Board not initiate the Conflict Resolution Process with the City of Port St. Lucie, however, we would request that the City provide the County the opportunity to be a full review and comment agency for any development proposal that may be filed on the properties associated with these annexations. COMMISSION ACTION: C¥J APPROVED CJ OTHER Approved 5-0 lotion to do Conflict .esolution Proceedings on tes. 04-08, 04-09 and ! omment on Res. 04-04. D DENIED ENCE: uglas M. Anderson County Administrator [), Coordination! Signatures County Attorney ~ Mgt. & Budget: Originating Dept.: Other: Finance: Purchasing: Other: (agend771) i.. .'-" .....I AGENDA REQUEST ITEM NO. 9 DATE: February 2, 2004 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] SUBMITTED BY (DEPT) : Utilities Department ~~ P.M. Bowers TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Staff requests that the Board approve a Work Authorization with Masteller & Moler, Inc. for engineering services the design, permitting, and construction administration for the extension of a 1211 water main from the St. Lucie Fairgrounds Water Treatment plant to the Seminole Tribe Lands in the amount of $213,700. FUNDS AVAIL: Funds to be made available 479-3600-563005-300 Improvements other than Building/Consulting Engineer Funds will come from an interfund loan from the General Fund to be repaid with interest at 2%. 001-9910-599300-800 - General Fund/Emergency Reserves Account PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board approve a Work Authorization with Masteller & Moler, Inc. for engineering services for the extension of a 1211 water main from the St. Lucie Fairgrounds Water Treatment Plañt to the Seminole Tribe Lands in the amount of $213,700. [ ] [ X] APPROVED OTHER: DENIED CE: COMMISSION ACTION: Pulled prior to meeting. D g Anderson County Administrator ~' County Attorney:X ~ Originating Dept:X CfJ+t:/ Finance Director: (Check for Copy only, coordination/Si9Patures~ Mgt. & Budget: ~ Plrn Purchasing Other: if applicable)____ Other: ,..I ITEM NO. C2a DATE: 2/3/04 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT) Administration SUBJECT: Request permission to advertise for proposals from qualified consulting engineers to provide St. luc unty with general engineering services related to DredginglDisposal Site Design for the Port and other canal restoration projects throughout the County. BACKGROUND: In recent years, the increased focus on stormwater related problems has resulted in several restoration dredging projects in the Indian River lagoon Basin. The St. Johns River Water Management District/National Estuary Program has participated in several projects of this type, including Turkey Creek in Palm Bay, Crane Creek in Melbourne, and Taylor Creek in St. Lucie County. Recently, the St. Lucie County River Issues Team ranked three (3) restoration dredging projects for possible funding in Martin County. Restoration dredging is an important element of the Indian River lagoon Comprehensive Conservation & Management Plan (see attached excerpts from the CCMP). The future promises an increase in the demand for more projects of this type in our County for the Port and other canal restoration projects throughout the County. Administration is requesting permission to advertise for proposals from qualified consulting engineers to provide St. Lucie County with engineering services related to Restoration DredginglDisposal Site Design. The proposed continuing contracts would provide the County with the ability to utilize the services of at least three consulting firms on an as-needed basis. Each firm would be selected based on their specific areas of expertise and experience, and would be selected through the normal professional services selection process. Each firm would be assigned projects on a rotational basis, keeping contract amounts as close to even as possible. Each con.tinuing contract will have a two-year time limit with an optional one year extension. Individual protects will be approved using work authorizations that would require BOCC approval. With the continuing contracts in place, the individual work authorization can be processed fairly quickly to allow the staff to be responsive in moving projects to completion. FUNDS AVAilABLE: N/A PREVIOUS ACTION: /" None RECOMMENDATION: Administration requests permission to advertise proposals from qualified consulting firms to provide St. Lucie County with general engineering services related to Dredging/Disposal Site Design under the limitation ,of the St. Lucie County Purchasing Manual and the Florida State Statutes. COMMISSION ACTION: "APPROVED 0 DENIED ~ OTHER: Approved 5-0 I!II Originating Dept: (Pub. WkS.( ~. I!II County Attorney: I!II Purchasing: ~ 0 Parks & Recreation: ) I Management and Budget: J¡flf ýh~ o Environmental lands: '1i Finance: C'1 0 Other Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 - - ~-' ITEM NO. C2b DATE: February 3,2004 AGENDA REQUEST REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: ~~~1'W~ Public Works Director SUBMITTED BY (DEPT): PUBLIC WORKS - ADMIN SUBJECT: Work Authorization No.2 with Taylor Engineering, Inc. for a Seagrass Survey at Fort Pierce Harbor. , BACKGROUND: On Jan 13, 2001 the County advertised a Request for Proposals (RFP) for Port Engineering Services. Two (2) firms were selected to provide port engineering services through continuing contracts, including Taylor Engineering and Han-Padron Associates. The scope of services for Port Engineering included environmental surveys and marine surveying for seagrass and marine habitat. Construction of Phase I of the Taylor Creek Restoration Dredging Project is planned for April of 2004. Public Works staff is recommending that we update the conditions of existing seagrasses around the entrance to Taylor Creek, prior to starting the dredging operations. The last seagrass survey of the entire Port area was performed in March, 2000. The attached proposal from Taylor Engineering, Inc., in the amount of.f14,997.00 includes the services necessary to perform a seagrass survey to identify and map submerged aquatic vegetation or other submerged natural resources (oysters) along the western shoreline of Ft. Pierce Harbor. FUNDS AVAILABLE: Funds are available in account #-140001-4310-531000-46503, Port Berth Permit Professional Services. PREVIOUS ACTION: J' 2/22/00 - Approval of advertisement for Port Engineering Services RPF. Advertised Jan 13, 2001. 3/2000 - Completion of previous seagrass survey of the Ft. Pierce Harbor. 5/21/02 - Approval of short listing of firms for Port Engineering Services. 7/23/02 - Approval of continuing contract with Taylor Engineering, Inc. RECOMMENDATION: Public Works Staff recommends Board approval of Work Authorization No.;;L, with Taylor Engineering, Inc. in the amount of $14,997.00 for a seagrass survey at Ft. Pierce Harbor, and authorization for signature by the Chairman. COMMISSION ACTION: 11- APPROVED 0 DENIED o OTHER: Approved 5-0 CE: g as Anderson County Administrator '-" Review and AD~ovalS 181 Originating Dept: (Pub. Wks.) ~. 181 County Attorney: /7(r , (~ 181 Purchasing: 0 Parks & Recreation: y1ð ~ ....tI 181 Management and Budget: ~ ~ o Environmental Lands: 181 Finance: If) V o Other Anyone with a disability requiring accommodation to attend this meeting should contact the S1. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight (48) hours prior to the meeting. /" - ...""j ITEM NO. C2c DATE: 2/3/04 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS REGULAR: (X) PUBLIC HEARING: ( ) CONSENT: ( ) PRESENTED BY: ~~~i-W~ Public Works Director SUBMITTED BY (DEPT): PUBLIC WORKS - ADMIN SUBJECT: Engineering Services Contract with Dredging & Marine Consultants, Inc. (DMC) for preparation of bid specifications and documents for Taylor Creek Dredging Projects. BACKGROUND: St. Lucie County has been working since 1998 to prepare design plans and secure permits for the restoration dredging of Taylor Creek, adjacent to the Port of Fort Pierce. The County has secured permits for the dredging of Phase I of Taylor Creek, that will involve dredging the navigational channel between the FEC Railroad Bridge and the Intracoastal Waterway. The dredging will remove approximately 90,000 cubic yards of spoil material to a depth of 12.5 feet below mean low water. The dredged spoil material will be pumped to a self-contained temporary, bermed upland disposal site located on the Bell Property at the Port of Fort Pierce. The spoil material will be hauled from the Bell Property to the St. Lucie County Landfill on Glades Cut-off Road. Currently, Public Works Staff is working with DMC Engineers to maintain consistency in the Project Design Engineer. Mr. Patel (formerly with BCI Engineers) is now working with DMC Engineers, and has been the Project Design Engineer since 1998. Involving new engineers in the Project at this late date would cost time and money in acquainting them with all of the complications of the Project. Public Works staff is recommending that we declare an emergency and contract with DMC Engineers to complete Phase I of the Taylor Creek Project. We do not have time to pursue an RFP process for selection of the Project Design Engineers. There is an urgent need to get this Project under construction by April of this year. To achieve an April start date, the Project must be advertised for bids now. Over $2 milliot'Í dollars in state grant funds are at risk of being lost, if the Project does not stay on schedule. The attached proposal with DMC Engineers for preparation of bid documents will be reimbursed through a $50,000 grant with SJRWMD and $700,000.00 through SFWMD. FUNDS AVAILABLE: Funds are available in the St. Johns River Water Management District Grant fund for Taylor Creek Restoration Maintenance in account #_,140126-4315-546350-4657, and Port Fund- for Tayior Creek Improvements-Imp oft Bldg-Consulting Engineers-140001-4315-563005-4657. PREVIOUS ACTION: 3/9/99: Approval of Work Authorization #11 with Williams, Hatfield & Stoner in the amount of 11,000 for preparation of FIND Grant. 5/4/99: Approval of Work Authorization #12 with Williams, Hatfield & Stoner in the amount of $25,220 for spoil site selection process. 2/15/00: Approval of Work Authorization #13 with Williams, Hatfield & Stoner in the amount of $86,900 '-' .....J for sediment testing and analysis. 3/7/00: Approval of Work Authorization #14 with Williams, Hatfield & Stoner in the amount of $32,200 for a hydrogeologic study of the groundwater at the Seminole property. 5/1/01: Approval of Work Authorization #1 with BCI in the amount of $137,000 for design and permitting of Taylor Creek Project. 2/5/02: Approval of Work Authorization #2 with BCI in the amount of $33,050 for the Taylor Creek Restoration Dredging Project Shoreline Stabilization and Improvements Reach 2. 3/5/02: Approval of Work Authorization #3 with BCI Engineers, Inc. in the amount of $17,500 for cost analysis and grant application preparation and submittal to FIND and SJRWMD. 8/22/03: PO #2313380 for Arc Surveying for Hydrographic Survey in the amount of $18,500. 8/22/03: PO #2313388 for Elab for Analytical Services in the amount of $18,894.00. 8/22/03: PO # 2313379 for Scientific Environmental Services for Soil Sampling in the amount of $10,050.00. 9/30/03: PO #2313589 for Dredging & Marine Consultants, Inc. for Grant Coordination and Permit Finalization in the amount of $19,990.00. RECOMMENDATION: Publi c Works Staff recommends that the Board declare an emergency bid waiver of the RFP process for professional services, approval of the attached scope with DMC Engineers in the amount of $24,970.00 for preparation of bid specifications & documents for the Taylor Creek Dredging Project, and approval of the contract as prepared by the County Attorney. COMMISSION ACTION: K APPROVED 0 DENIED o OTHER: Approved 5-0 Douglas Anderson County Administrator 181 Originating Dept: (Pub. WkS.r¥· 181 County Attorney: 181 Purchasing: 0 Parks & Recreation: 181 Finance :íf\J f ß 0 Other Review and Approvals (.!.- ,.Z. 181 Management and Budget: ~ o Environmental Lands: Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight (48) hours prior to the meeting. /" ....,J ITEM NO. C2d DATE: 2/3/04 AGENDA REQUEST REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: ~~~::f.Q~ ( Don West Public Works Director SUBMITTED BY (DEPT): PUBLIC WORKS - ADMIN SUBJECT: South Florida Water Management District (SFWMD) Grant for Paradise Park Stormwater Improvements in the amount of $500,000. BACKGROUND: St. Lucie is currently working to design stormwater improvements within the Paradise Park subdivision. A stormwater master plan has been completed, and design plans for Phase I improvements are underway. Five phases have been identified for needed improvements, with total construction costs estimated at $1,700,000. The attached Grant Contract with SFWMD provides $500,000 in construction funding for the Paradise Park subdivision. The grant requires a 50/50 match not to exceed $500,000 from the SFWMD with the County contribution totaling $563,789.00. Funds are budgeted in the amount of $330,000 in the 2004 Capital Stormwater Budget. The additional $233,789 will be budgeted in the 2005 Capital Budget. FUNDS AVAILABLE: Funds will be made available when construction contracts are available. PREVIOUS ACTION: 4/2/02 - Approval of Design Contract with PBS&J for Stormwater Master Plan and Phase I, in the amount of $150,000. RECOMMENDATION: Public Works Staff recommends approval of the attached Grant contract with SFWMD in the amount of $500,000 for Paradise Park Stormwater Improvements, and authorization for signature by the Chairman. COMMISSION ACTION: . -. )G APPROVED 0 DENIED o OTHER: Approved 5-0 o glas Anderson County Administrator Review and AD~aIS 181 Originating Dept: (Pub. Wks.L~· 181 County Attorney: (~ ~ 181 Purchasing: (-91 ' 0 Parks & Recreation: 181 Management and BUdget:~f1 o Environmental lands: 181 Finance: o Other Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight (48) hours prior to the meeting. .j' / .' '-' ....I AGENDA REQUEST ITEM NO. C-3-A REGULAR [ ] PUBLIC HEARJNG [ ] CONSENT [ X] PRESENTED BY: Paul Phillips TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Airport SUBJECT: Security Coverage Budget Resolution BACKGROUND: St. Lucie County International Airport is a general aviation (GA) airport that has difficulty increasing security during heightened security alert levels. The airport has worked diligently to install security fence around the perimeter. However, this fence is currently not complete and provides many opportunities for compromising the airport's security. During periods of heightened security alert to the orange level, the airport hires a sheriffs deputy to patrol the airport after hours. If the heightened security alert is raised to the red level, then the airport hires a sheriffs deputy to patrol the airport twenty-four hours a day. Recently, the security alert level was raised to Orange and as a result, the airport used the sheriffs deputy at a rate of $25 per hour. This agenda request provides for the budget resolution to cover any future alert level changes. FUNDS AVAILABLE IN ACCT#: No matching funds necessary. PREVIOUS ACTION: In June 2003, the Board accepted the FDOT JP A. RECOMMENDATION: Staff recommends that the Board approve the Budget Resolution No. 04-35 for the Florida Department of Transportation (FDOT) Joint Participation Agreement (JP A) $57,375 grant for security coverage at St. Lucie County International Airport. COMMISSION ACTION: /" DGAPPROVED [ ]DENIED Approved 5-0 [ ]OTHER: /' Reviews & Approvals rYf County AttorneY~. ~ OMB -tflt' fYlrrlb¡ Purchasing Originating Dept: Other: Other: Finance: (Check op oiily, if applicable) ~ '-' .,¡ AGENDA REQUEST ITEM NO. C-3-B DATE: February 3, 2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] PRESENTED BY: TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Airport Paul Phillips SUBJECT: Accept grant for security coverage at S1. Lucie County International Airport. BACKGROUND: S1. Lucie County International Airport is a general aviation (GA) airport that has difficulty increasing security during heightened security alert levels. The airport has worked diligently to install security fence around the perimeter. However, this fence is currently not complete and provides many opportunities for compromising the airport's security. This grant from the Florida Department of Transportation (FDOT) will provides for an additional $60,000 of funds to install security fencing at the airport. This is a 100% grant from FDOT and will require no matching funds from the airport. FUNDS AVAILABLE IN ACCT#: No matching funds necessary. PREVIOUS ACTION: N/A. RECOMMENDATION: Staff recommends that the Board accept the Florida Department of Transportation (FDOT) Joint Participation Agreement (JP A), and authorize the Chairman to execute the supplemental JP A and Resolution 04-49, authorizing the Chairman to sign the agreement, and accept the FDOT $60,000 supplemental grant for security coverage at S1. Lucie County International Airport. COMMISSION ACTION: DQAPPROVEÐ [ ]DENJED [ ]OTHER: Approved 5-0 Reviews & Auurovals County Attorney: Originating Dept' Finance:(Check ú r C py OMB V IfA V)A M ~'''chasing Other~Ôfuer: , if applicable) '-" .....I AGENDA REQUEST ITEM NO. C-3-C DATE: February 3,2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] PRESENTED BY: TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Airport Paul Phillips SUBJECT: Accept the grant for the Benefit/Cost Analysis for proposed parallel runway BACKGROUND: In September 2001, the Board approved the scope of work with HNTB to prepare the Environmental Assessment (EA) for the proposed parallel runway at S1. Lucie County International Airport. The next step required by the Federal Aviation Administration (FAA) is for the preparation of the Benefit/Cost Analysis (BCA) for any proposed facility exceeding five million dollars. The purpose of the BCA is to evaluate the benefit of building a new parallel runway versus maintaining the current airport airside configuration. The BCA will consider operational, capital, environmental, and social benefits and costs. The study will be developed in compliance with all pertinent FAA regulations, criteria, standards and processes. FUNDS AVAILABLE IN ACCT#: Matching funds of$8,333 are available in Airport hnprovement Other than Buildings Account (140-4210-563000-400). PREVIOUS ACTION: n/a RECOMMENDATION: Staff recommends that the Board accept the Florida Department of Transportation (FDOT) Joint Participation Agreement (JP A), and authorize the Chainnan to execute the JP A and Resolution 04-50 authorizing the Chainnan to sign the agreement, and accept the FDOT $8,333 grant for security coverage at S1. Lucie County International Airport. :~: y r Reviews & Approvals qy-' County Attomey:~OMB y,H - 1Ywr'.. Purchasing Originating Dept: Other~ Other: Finance:(Check:6 ropy nly,lfapphcable) COMMISSION ACTION: [JAPPROVEp [ ]DENIED n'OTHER: Approved 5-0 '-' ....., AGENDA REQUEST ITEM NO. C-3 -D DATE: February 3,2004 REGULAR [ ] PUBLIC HEARING CONSENT (X) PRESENTED BY: TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Airport Paul A. Phillips SUBJECT: Budget Amendment for the purchase of movable stairs BACKGROUND: The airport maintenance building has approximately 400 square feet of area designed for dry storage above the office space. A set of movable stairs with a platfonn is needed to access this wide area for safe movement of stored materials. Using a 10- foot ladder to access the storage area was deemed unsafe by the County's risk manager and is no longer acceptable. The stairs will be of steel construction, painted yellow with left and right side exits, a 3'x 3 'platfonn with an 8' 10 " deck height. This equipment will provide for the safe movement necessary to store airport materials. FUNDS AVAILABLE IN ACCT: Funds of$l ,825 will be available from the Promotional Activities account (140-4210-548000-400) to the airport capital equipment account (140-4210-564000-400). PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board approve budget amendment #04-120 for $1,825.00 to purchase PNX - FIS 1 06 movable stairs from Phoenix Metal Products, Inc. for safe access to storage area in maintenance building at St. Lucie County International Airport. COMMISSION ACTION: DC!APPROVED [ ]DENIED Approved 5-0 []OTHER: r ' Reviews & Approvals l{} I, I' u,,^'4, County AttomeY:~~ OMB~purchasing Originating Dept: Other: Other: Finance:(Check Ii py , if applicable) CONC E: \. ...I AGENDA REQUEST ITEM NO. C-3-E DATE:' February 3, 2004 REGULAR [ PUBLIC HEARING ] CONSENT [X] TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Airport PRESENTED BY: Paul Phillips SUBJECT: Resolution 03-326 for Florida Department of Transportation (FDOT) Joint Participation Agreement (JP A) funding for Airport Runway 14/32 BACKGROUND: The Board accepted a Federal Aviation Administration (FAA) grant in the amount of $1,150,000 for the rehabilitation of crosswind runway 14/32 at the St. Lucie County International Airport. As a result of the FAA grant, matching funds from the FDOT in the amount of$55,554 were necessary for the project. The Board accepted the Florida Department of Transportation (FDOT) Joint Participation Agreement (JP A) in the amount of$55,554, and as a result, a resolution must be accepted to recognize the additional funding that was not anticipated at the time of adoption of the FY 04 Budget. FUNDS AVAILABLE,: See attached Budget Resolution 03-326. PREVIOUS ACTION: The Board accepted the FDOT Joint Participation Agreement and the additional funding in the amount of$55,554 for the design and rehabilitation of crosswind runway 14/32 at St. Lucie County International Airport. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Budget Resolution 03-326. !XI APPROVED [ ] OTHER: [ ] DENIED CE: COMMISSION ACTION: /" Approved 5-0 oug Anderson County Administrator Coordination/Signatures County Attorney: XX ;Jt Management & Budget: ~urchasing: Originating Dept~ Airport: XX Other: Finance: (Check for Copy only, if applicable) G:\BUDGE1\WP\AGENDA'S\AGENDA04\02'03RUNW A Y14'32.DOC '-' AGENDA REQUEST ...".¡ ITEM NO. 'c.. - 4- -A DATE: February 3, 2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] PRESENTED BY: TO: BOARD OF COUNTY COMMISSIONERS Daniel S. McIntyre County Attorney SUBMITTED BY (DEPT.): County Attorney SUBJECT: BACKGROUND: FUNDS A VAIL.: PREVIOUS ACTION: RECOMMENDA TION: /" COMMISSION ACTION: White City Drainage Project - Canal D Contract for Sale and Purchase of 15 ft Right-of-Way on Citrus Avenue Resolution 04-47 for a 15 ft Drainage, Utility and Maintenance Easement Resolution 04-48 for a Temporary Construction Easement Please see attached background memorandum Funds are available in: '- Account No: 102001-3725-561002-4258 and 102001-3725-561007 -4258' Drainage Maintenance MSTU, Stormwater Management N/A Staff recommends that the Board approve the Contract for Sale and Purchase with Mr. & Mrs. Rowe, authorize the Chairman to execute the agreement and direct staff to close the transaction, authorize the Chairman to execute Resolution No. 04-47, and Resolution No. 04-48, instruct staff to record Resolution No. 04-47 and Resolution No. 04-48 in the Public Records of St. Lucie County, Florida. ~ APPROVED [ ] DENIED [ ] OTHER: XX County Attorney: XX Originating Dept.: Approved 5-0 Do glas Anderson C nty Administrator Review and Approvals Jt 1rrL XX County Engineer:-MVÞ , IIln XX Budget& Manage¡;nent: u.o... YJ1l1lv / XX Public Works:~ XX Road & Bridge: Finance: (Check for Copy only, if applicable) Eff.5/96 G:\ACQ\WP\JQnet\CQnQI D\AgendQ.wpd '-" ....,¡ AGENDA REQUEST ITEM NO. C-4B DATE: February 3, 2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUN1Y COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney Daniel S. McIntyre County Attorney SUBJECT: South 25th Street Roadway Widening Midway Road to Edwards Road - Temporary Easement Jerry and Margaret Davis - Tax LD. No. 2429-444-0002-000/1 - Parcel 716 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 FDOT to reimburse, design and construct the South 25th Street widening. RECOMMENDATION: Staff recommends that the Board approve the Purchase Agreement with Mr. and Mrs. Davis in the amount of FIVE HUNDRED EIGH1Y and no/100 DOLLARS ($580.00) as shown on the attached sketch and legal description, authorize the Chairman to execute the Purchase Agreement and direct staff' to close the transaction and v.ecord the documents in the Public Records of St. Lude County, Florida. J(] APPROVED [ ] OTHER: [ ] DENIED Approved 5-0 Do las Anderson County Administrator COMMISSION ACTION: [XX] County Attorney: (k j'f'li.f.- Review and Approvals [XX] Public Works Director~ [ ] Road & Bridge: [XX] County Engineer: MV f> ' [XX] Originating Dept,: ]OMB: Finance: (Check for Copy only. if applicable) Eff, 5/96 G:\ACQ\WP\JoAnn\25th Street\Davis\Agenda Request.wpd -- \... ...,.I AGENDA REQUEST ITEM NO. C-4C DATE: February 3,2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney Daniel S. McIntyre County Attorney SUBJECT: South 25th Street Roadway Widening Midway Road to Edwards Road - Temporary Easement Dennis and Sharon Passman - Tax I.D. No. 2429-444-0001-000/4 - Parcel 717 BACKGROUND: Please see attached memorandum FUNDS A V AILABLE: 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 Mr. and Mrs. Passman in the amount of FIVE THOUSAND ONE HUNDRED SEVENTY FIVE and no/100 DOLLARS ($5,175.00) as shown on the attached sketch and legal description, authorize the Chairman to execute the Purchase Agreement and direct staff to close th~ transaction and record the documents in the Public Records of St. Lucie County, Florida. [~ APPROVED [ ] OTHER: [ ] DENIED Dou (as Anderson County Administrator COMMISSION ACTION: Approved 5-0 jf'#-fL Review and Approvals [XX] Public Works Directo~ [ ] Road & Bridge: [XX] County Engineer:~ [XX] County Attorney: ~, [XX] Originating Dept,: [ ]OMB: Finance: (Check for Copy only. if applicable) Eff. 5/96 G:\ACQ\WP\JoAnn\25th Street\Passman\Agenda Request,wpd \w ....J AGENDA REQUEST ITEM NO. C-4D DATE: February 3, 2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney Daniel S. McIntyre County Attorney SUBJECT: South' 25th Street Roadway Widening Midway Road to Edwards Road - Permanent Easemehtand Temporary Construction Easements James P. Raab, as Tr\,lstee of the James P. Raab Trust datedJune 22, 2000 Tax I.D. No. 2428-233-0002-000/0 - Pa'rcels 726/801 - Resolution No. 04-51 Herbert and Luna Rochester Tax I.D. No. 2428-331-0001-130/4 - Parcel 721 - Resolution No. 04-52 South 25th Street , LLC Tax I.D. No. 2432-444-0004-000/5 - Parcel 728 - Resolution No. 04-53 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, designand construct the South 25th Street wídening. November 25, 2003 : Board of County Commissioners approved the Purchase Agreements for Temporary Construction Easements. RECOMMENDATION: Staff recommends;that the Board accept the Permanent Easement and Temporary Construction Easements, authorize the Chairman to sign Resolution Nos. 04-51, 04-52, and 04-53 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. ~ APPROVED [ ] DENIED [ ] OTHER: COMMISSION ACTION: Approved 5-0 Dougl Anderson County Administrator [XX] Originating Dept.: frv-t- [ ] Road & Bridge: tRc'^ [XX]~ty Engineer~' [ _ ] OMB: [XX] County Attorney: JY' Review and Approvals [XX] Public Works Director:~ . G:\ACQ\WP\JoAnn\25th Street\Agenda Request Accept Permanent Easement and Temporary Construction Easements2.wpd \w ..." AGENDA REQUEST ITEM NO. C-4E DATE: February 3, 2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Lennard Road Widening Project FDOT Parcel No. 100 for Lennard Road Right-of-Way BACKGROUND: Please see an attached memorandum FUNDS A V AILABLE: N/ A PREVIOUS ACTION: June 25, 2002 - Received Board of County Commission conceptual approval of the purchase of the FDOT Parcel No. 100 for Lennard Road Right-of-Way. October 15, 2002 - Board of County Commission approved the purchase of FDOT Parcel No. 100 for Lennard Road Right-of-Way. RECOMMENDATION: Staff recommends that the Board approve the 10' Utility Easement in favor of Florida Power & Light Company, authorize the Chairman to execute the Easement and instruct staff to record the Easement in the Public Records of St. Lucie County, Florida. .... COMMISSION ACTION: rit APPROVED r1 OTHER: Approved 5-0 [ ] DENIED Dou las Anderson County Administrator jY\\t- Review and Approvals [XX] Public Works Direct~ [ ] Road & Bridge: ] County Engineer: [XX] County A ttor ney: ~~/ [XX] Originating Dept.: ]OMB: Finance: (Check for Copy only, if applicable) Eft. 5/96 G:\ACQ\WP\JoAnn\FDOT Parcell00\Agenda Request FPL Easement.wpd '- ....., AGENDA REQUEST ITEM NO: C-5 DATE: February 3, 2004 REGULAR [ ] PUBLIC HEARING [] CONSENT [ X] TO: SAINT LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks and Recreation PRESENTED BY: Pete Keogh SUBJECT: ROOF REPLACEMENT AT THE FORT PIERCE COMMUNITY CENTER BACKGROUND: The roof at the Fort pierce Community Center is in desperate need of replacement. Staff's initial assessment estimated at least three more years of use; however, in its current condition, we have determined that it is no longer cost-effective to allocate any additional funding toward its repair. This agenda requests the Board's approval to reprogram leftover dollars ($34,514.00) from the recently completed Recreation Division Office improvement project. PREVIOUS ACTION: N/A FUNDS WILL BE MADE AVAILABLE IN: 316-7210-546200-150087 (Maint Imprvmnt Projects - FPCC Maint Improvmts) RECOMMENDATION: Staff recommends approval of authorization to reprogram the leftover $34,514.00 from the Recreation Division Office improvement project to the Fort pierce Community Center to replace the roof. Staff further requests permission to advertise for bids for the roof replacement. [ X ] [ ] APPROVED OTHER: DENIED COMMISSION ACTION: /" Approved 5-0 Do g . Anderso County Administrator Coordination/Signatures County Attorney' ~_ _ _,Management Originating Dept:é Parks: < ". H:\AGENDAS 03-04\2-03-04-FPCC-ROOF.DOC & BUdget'~UrChaSing,. ~ Other: Finance: (if applicable) ..... ,...." AGENDA REQUEST ITEM NO. 6-a DATE: Feb. 3.2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: DON MCLAM ASSISTANT DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES SUBJECT: RELEASE OF RETAINAGE: TECO ENERGY SERVICES, INC. BACKGROUND: Through Board approval St. Lucie County entered into contract with TECO Energy Services, Inc. on September 25, 2001 for performance contracting in the following locations: Downtown Courthouse and Annex, Roger Poitras & Administration Buildings, Agricultural Office, Emergency Management and Rock Road Jail. In fulfillment of their contract, TECO has completed retrofit of energy efficient equipment at these locations and this project has been inspected and approved by the Project Manager. Staff is requesting final payment of retainage in the amount of $319,659.60. FUNDS AVAIL: 001007 -0000-205100-15012 (Accounts Receivable/Retainage) 316-0000-205100-15012 (Accounts Receivable/Retainage) PREVIOUS ACTION: Board of County Commissioners approve Change Order No.3 to Contract #C01-09-590 on Jan. 6, 2004, Item No.3-b. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve final payment of retainage in the amount of $319,659.60 to TECO Energy Services, Contract No. C01- 09-590. /' MISSION ACTION: Ii APPROVED [] DENIED e 'J OTHER: Approved 5-0 D ug Anderson County Administrator en- Coordination/Signatures C,"nly Attome;:' . /"~ ~gt. & ""'get þeo ¡I!\/Vl4¡ Originating Depm'J..AJ _ ,I I 0. Other: ~nance: (Check for Copy only, if APPlicable)~ Purchasing Mgr.: Other: Eff. 1/97 H:\AGENDA\AGENDA REQUEST FORM.WPD '--' -.",; AGENDA REQUEST ITEM NO. 6-b DATE: Feb. 3. 2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: DON MCLAM ASSISTANT DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES SUBJECT: RE-BID WASTEWATER SCREENING FACILITY AT ROCK ROAD JAIL BACKGROUND: On August 19, 2003 the Board approved invitation to Bid for a Wastewater Screening Facility at the Rock Road Jail. After design, bids were received on January 7, 2004, with seven (7) bid packages picked up and two (2) bid packages received. The low bidder is $94,360.00 more then what remains budgeted. We are in the process of making modifications to the design and specifications in an effort to lower the cost at which time staff would like to re-bid with those modifications. FUNDS AVAIL: 316-1940-562000-1527 (Capital Building Fund-Rock Road jail) PREVIOUS ACTION: Board of County Commissioners approved Consent Item No. c-7a on August 19, 2003. RECOMMENDATION: Staff recommends the Board reject tHe two bids submitted and re-bid with modifications to the original design and specification. /" MISSION ACTION: D(I APPROVED [] DENíED [ ] OTHER: . Approved 5-0 E: County Attorney: Originating Dep~~ Mgt. & Budget: oug Änderson County Administrator ..,.purchasing Mgr.: ¡¡¡ f Other: Coordination/Signatures Other: Finance: (Check for Copy only, if Applicable) Eft. 1/97 ....., '....,I 7w 213/04 Agenda Request Item Number: MeetinQ Date: Consent Regular Public Hearing Leg. [ ] [X ] [ ] [ ] Quasi-JD [ SUBJECT: Twisted Oak Estates Subdivision - Final P at Review i rector To: Submitted By: Board of County Commissioners Community Development BACKGROUND: On July 9, 2003, the Community Development Director approved CD Order 03-022, which granted Minor Site Plan approval for a 2-lot subdivision on 4.55± acres of land to be known as Twisted Oak Estates Subdivision. This parcel is located on the east side of Lewis Street at the northeast corner of the intersection of Lewis Street and Upsal Avenue. The subject property is currently undeveloped. As part of the development of this property, the developers are not required to convey any additional right-of-way for Lewis Street. At present, there are no plans for any improvements to Lewis Street. FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: N/A N/A Staff recommends that the Board approve the Plat for the "Twisted Oak Estates Subdivision" and authorize staff to complete the final processing of this Plat. COMMISSldÑ ACTION: [X] APPROVED D DENIED c=J OTHER Approved 5-0 County Attorney Finance.: Environ. Resources; Coordination! Signatures )/ Mgt. & Budget: Fire Dept: Utility: Purchasing: Public Works: Engineering: Other: - Agenda Request ~ Item Number: ~ b Meeting Date: 2/3/04 ~ Consent Regular Public Hearing Leg. [ ] [X ] [ ] [ ] Quasi-JD [ To: Submitted By: Board of County Commissioners Community Development t Director SUBJECT: Consider Draft Resolution 04-010 approving the request of Frank Vega for a Major Site Plan Approval to allow the construction of a 162,841 square foot tr ck storage and distribution facility that will contain a 460 square foot office trailer and 162,381 square feet of paved truck parking/storage area within the Carboy Industrial Park to be known as Oceanic Transportation for property located in the IL (Industrial Light) Zoning District. (File No.: MJSP-03-005) BACKGROUND: Frank Vega, Oceanic Transportation, has applied for Major Site Plan approval to allow the construction of a 162,841 square foot truck storage and distribution facility (460 square foot office trailer and 162,381 square foot paved truck parking/storage area) to be known as Oceanic Transportation. The proposed truck storage and distribution facility has been determined not to have an undue or adverse effect upon nearby properties. The subject property is surrounded by industrial uses to the north, south, east and west. The proposed project is consistent with the existing industrial development patterns along Boyd Road/Orange Avenue Extension intersection.. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval of Draft Resolution 04-010, subject to the conditions contained within the resolution. COMMISSION ACTION: [X] APPROVED r:=J OTHER /' D DENIED Approved 5-0 County Attorney Finance.: Environ. Resources; <>r> /coordination! Signatures V X Mgt. & Budget: ~ Fire Dept: __ Utility: Purchasing: Public Works: Engineering: Other: tyr ., '-'" ..."" AGENDA REQUEST ITEM NO. ~t.- DATE: Feb. 3, 2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] INVESTMENT FOR THE FUTURE TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: DON MCLAM ASSISTANT DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES SUBJECT: RE-ALLOCATION OF BUDGETED FUNDS. BACKGROUND: At the Lakewood Park Branch Library, staff had budgeted IFF funds for two building maintenance projects: 1} paint interior of library and 2} replace old condensing unit. The condensing unit was replaced in-house and the interior walls cleaned (not painted) which resulted in a savings of $20,225.00. Staff is requesting that $15,000.00 of the $20,225.00 be reallocated to the following: a} Replace pipe and fan blade on cooling tower at Courthouse ($8,000.OO). b) Replace radiator, oil sender, seals, etc., for the generator at the Courthouse ($7,000.00). FUNDS AVAIL: From: 316-1931-546200-15017 (Lakewood Park Library Maintenance Projects) To: 316-1931-546200-1531 (Courthouse Annex Maintenance Projects) PREVIOUS ACTION: October 1, 2003 the Board of County Commissioners approved Central Services Budget. RECOMMENDATION: Staff recommends the Board of County Commissioners approve the reallocation of above listed Investment For The Future Funds in the amount of $15,000.00. MISSION ACTION: -ØCJ APPROVED [] DENIED ' [ ] OTHER: Approved5-Ò- o g Anderson County Administrator Cou"ty AtIomey. ~. Originating Dept::D&.A. M~ Finance: (Check for Copy only, if ApPlicable4,~ coordination/Si~S ~9l & Budget !tttJ Purchasing Mgr.: Other: Other: Eft. 1/97 _ t _ _--..::__ __........ ,..,.,,,..,.,.,, 'COn'!:) ,-.n'TVl'J"ØnTT<=:'R TV"\l" SUBMITTED BY CDEPT): Grants Staff recommends authorize the Chair to sign the transmittal letter I title page and staff to submit two grants to the Florida Department of Community Affairs Emergency Management Competitive Grant Program to establish a Citizens Emergency Response Team (CERT) and for a Communications Vehicle. COMMISSION ACTION: ~ONCU CE: ___ iAPPROVED 0 DENIED ~ o OTHER: Approved 5-0 Douglas M. Anderson County Administrator Management & Budget: ~rrc." Purchasing: Other: _ Other: -... TO: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Review and APpr~als County Attorney: ~ Originating Dept: _ .....,¡ AGENDA REQUEST ITEM NO. C-9 DATE: February 3, 2004 REGULAR [ ] PUBLIC HEARING [] CONSENT [X] Board of County Commissioners 11:k nts Writer Request for Board Approval to authorize the Chair to sign the transmittalletterl title page and staff to submit two grants to the Florida Department of Community Affairs Emergency Management Competitive Grant Program to establish a Citizens Emergency Response Team (CERT) and for a Communications Vehicle. St. Lucie County Public Safety and Grants staff has met with representatives from the Fire and Sheriff's Departments to develop the proposed projects. The Citizens Emergency Response Team will be a coordinated effort of Public Safety, Sheriff's Office and Fire Department to train interested citizens to assist in emergency situations. The CERT proposal includes buying basic equipment, and hiring a part- time person to coordinate the program. Since the Sheriff's Department has similar volunteer programs, they have agreed to have the position in the PSL office. Match for the grant includes the time of the trainers and a long term commitment from all of the agencies to jointly fund the part-time position the following years. The Communications Vehicle will assist Public Safety in getting out important emergency messages to the public before, during and after a hurricane or other emergency event. The County's Technical Operations Manager has determined items that need to be purchased and the County match will be air time on our SLCTV and staff in- kind time. Allowable match for this grant can be in-kind time and air time on SLCTV. In the past three years, the BOCC has approved submitting a grant application to the Department of Community Affairs Emergency Management Program. ~ ....,¡ FEBRUARY 3, 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: (t) 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- t 777 or TDD (772) 462- t 428 at least forty-eight (48) hours prior to the meeting. '-" BOARD OF COUNTY COMMISSIONERS www.co.st-Iucie.fl.us Paula A. Lewis, Chairman John D. Bruhn, Vice Chairman Doug Coward Frannie Hutchinson Cliff Barnes District No. 3 District No. 1 District No. 2 District No. 4 District No. 5 February 3, 2004 7:00 P.M. INVOCATION PLEDGE OF ALLEGIANCE 1. MINUTES Approve the minutes of the meeting held on January 27,2004 2. PROCLAMA TIONS/PRESENT A TIONS Reading of the announcements by the County Administrator 3. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA --- -- ---- -- PUBLIC HEARINGS 5. There are no Public Hearings scheduled for February 3, 2004 END OF PUBLIC HEARINGS -- -- ~~ ~ ! --- ;. 6. ADMINISTRATION Development of a Research/Education Park in St. Lucie County - Consider staff recommendation to allocate 30,000 from contingency to perform the appraisals and due diligence as the first step in acquiring these properties. Staff is also recommending the Board allocate an amount not to exceed $20,000 from contingency to prepare a campus site plan. Finally, staff is requesting authorization to go out for Requests for Proposals (RFP's) to perform a "needs assessment" for the planned research park. 7. COMMUNITY DEVELOPMENT Consider comments to a series of proposed amendments to the Port St. Lucie Comprehensive Plan I Amendments - Consider staff recommendation that the County submit comments to the Department of Community Affairs and the City of Port St. Lucie. '-' ...", Regular Agenda February 3, 2004 Page Two 8. COMMUNITY DEVELOPMENT Port St. Lucie Annexation Ordinance No. 04-04, 04-08 and 04-09 - Consider Initiating Conflict Resolution proceedings pursuant to Chapter 164, Florida Statutes. - Consider staff recommendation not to initiate the Conflict Resolution with the City of Port St. Lucie, however, request that the City provide the County the opportunity to be a full review and comment agency for any development proposal that may i\ be med on the properties associated with these annexations. ,1~ILlTIES Work Authorization - Masteller & Moler, Inc. - Consider staff recommendation to approve a Work . Authorization with Masteller & Moler, Inc. for engineering services for the extension of a 12" water main from the St. Lucie Fairgrounds Water Treatment Plant to the Seminole Tribe Lands in the amount of U $213,700.00. - - "-' 'wII CONSENT AGENDA February 3. 2004 1. WARRANTS LISTS Approve warrants list No. 20 2. PUBLIC WORKS A. Request permission to advertise for proposals from qualified consulting engineers to provide St. . Lucie County with general engineering services related to Dredging/Disposal Site for the Port and other canal restoration projects throughout the County. - Consider staff recommendation to grant permission to advertise for proposals from qualified consulting firms to provide St. Lucie County with general engineering services related to Dredging/Disposal Site Design under the limitation of the St. Lucie County Purchasing Manual and the Florida State Statutes. B. Work Authorization No. 1 with Taylor Engineering, Inc. for a Seagrass Survey at Fort Pierce Harbor. - Consider staff recommendation to approve the Work Authorization with Taylor Engineering, Inc. in the amount of $14,997.00 for a sea grass survey at Fort Pierce Harbor, and authorize the Chairman to sign. C. Engineering Services Contract with Dredging & Marine Consultants, Inc. (DMC) for preparation of bid specifications and documents for Taylor Creek Dredging Projects. - Consider staff recommendation to waive the RFP process for professional services, and approve the contract with DMC Engineers in the amount of $24,970.00 for preparation of bid specifications & documents for the Taylor Creek Dredging Project, and authorize Chairman to sign. D. South Florida Water Management District (SFWMD) Grant for Paradise Park Stormwater Improvements in the amount of $500,000.00 - Consider staff recommendation to approve the Grant contract with SFWMD in the amount of $500,000 for Paradise Park Stormwater Improvements, and authorize the Chairman to sign. 3. AIRPORT A. Budget Resolution for security coverage at St. Lucie County International Airport. - Consider staff recommendation to approve Budget Resolution 04-35 for the Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) $57,375 grant for security coverage at St. Lucie County International Airport. B. Accept grant for security coverage at St. Lucie County International Airport - Consider staff recommendation to accept the Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA), and authorize the Chairman to execute the supplemental JPA and Resolution No. 04-49, authorizing the Chairman to sign the agreement, and accept the FDOT $60,000.00 supplemental grant for security. C. Accept the grant for the Benefit/Cost Analysis for proposed parallel runway. - Consider staff recommendation to accept the Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA), and authorize the Chairman to execute the JPA and Resolution No. 04-50 authorizing the Chairman to sign the agreement, and accept the FDOT $8,333.00 grant for security coverage at the St. Lucie County International Airport. D. Budget Amendment (resolution) for the purchase of movable stairs - Consider staff recommendation to approve Budget Amendment (Resolution No. 04-120) for $1,825.00 to purchase PNX-FIS 106 movable stairs form Phoenix Metal Products, Inc. for safe access to storage area in maintenance building at St. Lucie County International Airport. E. Resolution No. 03-326 for Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) funding for Airport Runway 14/32 - Consider staff recommendation to approve Budget Resolution No. 03-326. '-' ""'" Consent Agenda February 3, 2004 Page Two 4. COUNTY ATTORNEY A. White City drainage project - Canal D - Contract for Sale and Purchase of 15 ft Right-of-Way on Citrus Avenue - Consider staff recommendation to approve the Contract with Mr. & Mrs. Rowe, authorize the Chairman to execute the agreement and direct staff to close the transaction, authorize the Chairman to execute Resolution No. 04-47, and Resolution No. 04-48, instruct staff to Resolutions in the Public Records of St. Lucie County, Florida. B. South 25th Street Roadway Widening - Midway Road to Edwards Road - Temporary Easement - Consider staff recommendation to approve the Purchase Agreement with Mr. and Mrs. Jerry Davis in the amount of five hundred eighty and no/100 dollars ($580.00) as shown on the attached sketch and legal description, authorize the Chairman to execute the Purchase Agreement and direct staff to close the transaction and record the documents in the Public Record of St. Lucie County, Florida. C. South 25th Street Roadway Widening - Midway Road to Edwards Road - Temporary Easement - Consider staff recommendation to approve the Purchase Agreement with Mr. and Mrs. Dennis Passman in the amount of five thousand one hundred seventy five and no/100 dollars ($5,175.00) as shown on sketch and legal description, 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. D. South 25th Street Roadway Widening - Midway Road to Edwards Road - Permanent Easement and Temporary Construction Easements - Consider staff recommendation to accept the Permanent Easement and Temporary Construction Easements, authorize the Chairman to sign Resolution Nos. 04-51, 04-52, and 04-53 and direct staff to record the document in the Public Records of St. Lucie County, Florida. E. Lennard Road Widening Project - FDOT Parcel No. 100 for Lennard Road Right-of-Way - Consider staff recommendation to approve the 10' Utility Easement in favor of Florida Power & Light Company, authorize the Chairman to execute the Easement and instruct staff to record the Easement in the Public Records of St. Lucie County, Florida. 5. PARKS AND RECREATION Roof replacement at the Fort Pierce Community Center - Consider staff recommendation to approve reprogram of the leftover $34,514.00 from the Recreation Division Office improvement project to the Fort Pierce Community Center to replace the roof. Staff further requests permission to advertise for bids for the roof replacement. 6. CENTRAL SERVICES A. Release of retainage - TECO Energy Services, Inc. - Consider staff recommendation to approve final payment of retainage in the amount of $319,659.60 to TECO Energy Services, Contract No. C01-09-590. B. Re-bid Wastewater Screening Facility at Rock Road Jail - Consider staff recommendation to reject the two bids submitted and re-bid with modifications to the original design and specification. 7. COMMUNITY DEVELOPMENT A. Twisted Oak Estates Subdivision - Final Plat Review - Consider staff recommendation to approve the Plat for the "Twisted Oak Estates Subdivision" and authorize staff to complete the final processing of this plat. - ~ "wi Consent Agenda February 3, 2004 Page Three B. Resolution No. 04-010 approving the request of Frank Vega, for a Major Site Plan Approval to allow the construction of a 162,841 square foot truck storage and distribution facility. - Consider staff recommendation to approve Resolution No. 04-010, subject to the conditions contained within the resolution. 8. INVESTMENT FOR THE FUTURE Re-allocation of budgeted funds - Consider staff recommendation to approve the reallocation of funds from the Lakewood Park Library Maintenance Projects to the Courthouse Annex Maintenance Projects from the Investment for the Future Funds in the amount of $15, 000.00 9. GRANTS Request to submit two grants to the Florida Department of Community Affairs Emergency Management Competitive Grant Program to establish a Citizens Emergency Response Team (CERT) and for a Communications Vehicle. - Consider staff recommendation to authorize the Chairman to sign the transmittalletter/title page and staff to submit two grants to the Florida Department of Community Affairs Emergency Management Competitive Grant Program to establish a Citizens Emergency Response Team (CERT) and for a Communications Vehicle ... '-' ~ ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS ------ ANNOUNCEMENTS FEBRUARY 3, 2004 A. The North County Charrette will take place from February 7, 2004 through February 13, 2004 with the primary public input session of the charrette occurring on Saturday, February 7, 2004 from 10:00 AM until 4:00 PM at the Lakewood Park Elementary School. The Public is also invited to a presentation of the charrette report on Friday, February 13, 2004 from 7:00 PM until 9:00 PM at the Lakewood Park Elementary School. B. The Board of County Commissioners will hold a Strategic Planning Session on February 19, 2004 at The Panther Woods Country Club, 9425 Meadowood Drive, Fort Pierce, Florida, from 8:00 AM to 5:00 PM C. There will be a dedication of the II The Partnership," an Arts in Public Places Project, on Wednesday, Feb. 11 th at 1 :30 p.m. at the St. Lucie County Marine Center Courtyard (420 Seaway Drive, Fort Pierce, at Museum Pointe.) This is a joint project between St. Lucie County and the City of Fort Pierce. D. The 37th Annual St. Lucie County Fair will begin on Friday, Feb. 27th and run through Sunday, Mar. 7th at the St. Lucie County Fairgrounds. b_~~~3!~ 1 ¡J-- y:þ0 ~ C-fl.--- 1/ 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 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. · \w ...,¿ BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: January 27, 2004 Tape: 1-2 Convened: 9:00 a.m. Adjourned: 11 :30 a.m. Commissioners Present: Chairman, Paula A. Lewis, John D. Bruhn, Cliff Barnes, Frannie Hutchinson, Doug Coward Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Dan McIntyre, County Attorney, Dennis Murphy, Community Development Director, Don West, Public Works Director, Beth Ryder, Community Services Director, Gayla Barwick, Tourism Director, Roger Shinn, Central Services Director, Millie Delgado- Feliciano, Deputy Clerk 1. MINUTES (1-024) It was moved by Com. Coward, seconded by Com. Bruhn, to approve the minutes ofthe meeting held January 20,2004; and, upon roll call, motion carried unanimously. 2. PROCLAMA TIONS/PRESENT ATIONS A. Wings N Wheels- A presentation was made by INEZ Frid and Allen Weierrnan. B. Resolution No. 04-44- Congratulating the US. Naval Amphibious Training Base- Ft. Pierce (USNATB) on the 60th Anniversary of its Founding in St. Lucie County, Florida. It was moved by Com. Bruhn, seconded by Com. Hutchinson, to approve Resolution No. 04-44; and, upon roll call, motion carried unanimously. C. The County Administrator announced upcoming events and meetings. 3. GENERAL PUBLIC COMMENTS Mr. Edward Green, former member of an amphibious team addressed the Board on issue 2B. Mr. Jeff Furst, Property Appraiser, advised the Board ofthe completion of the equipment replacement in his department. Ms. Julie Orbin, Lakewood Park resident, addressed the Board regarding the bulk water agreement with FPUA and asked if annexation would be required. Com. Lewis advised Ms. Orbin that Lakewood Park is not on future annexation maps. Mr. Charles Grande, Hutchinson Island, addressed the Board regarding item # 6 and asked them to follow staff recommendation and turn down the proposal. He stated giving up county rights to dispute annexation issues is not the way to go. Mr. Bob Bangert, Holiday Pines resident, addressed the county calendar which incorrectly states times scheduled for the charette. 1 ..." ...., Ms. Susie Caron, Indrio Road resident, addressed the water issue and asked the Board to make sure things are in place regarding water issues before approving future developments. 4. CONSENT AGENDA(I-1120) It was moved by Com. Coward, seconded by Com. Barnes, to approve the Consent Agenda with items C-3B puBed for two weeks and to include the approval of CA-I and 2; and, upon roB caB, motion carried unanimously. I. WARRANT LIST The Board approved Warrant List No. 19. 2. UTLITIES A. Work Authorization - Camp, Dresser, McKee,lnc.,- The Board approved Work Authorization for services involving design, permitting, bidding, and construction services for odor control system modifications at the South Hutchinson Island Wastewater Facility in the amount of $57,710.00. B. Work Authorization - Camp, Dresser, McKee, Inc.,- The Board approved Work Authorization for a Phase III Supplement for the South Hutchinson Island Reclaimed Water System Supplement Reuse in the amount of $18,300.00. C. Change Order - RK Construction- The Board approved the Change Order with RK Construction, Inc., for the installation of an additional standard sanitary manhole and pavement for two additional crossings to complete project construction at the S1. Lucie County Airport Industrial Park Phase I Sewer Collection in the amount of$7,179.00. 3. PUBLIC WORKS A. Engineering Division- Permission to Advertise- Lebanon Road M.S.B.D. /Potable Water ImprovementslFPUA- The Board approved accepting the petition and granted permission to advertise the Initial Public Hearing to be held on March 2, 2004. B. Solid Waste Division- Permission to Advertise for bids for Residential Solid Waste Collection and Recycling- The Board pulled this item until more information is obtained and reviewed regarding cost effectiveness of placing collection on the tax roll and also what it would cost those residents already residing in the city who have recycling. C. Solid Waste Division- Sole Source negotiations with Tropicana for the sale of landfill methane gas- The Board approved the negotiations between staff and Tropicana as a sole source, for the sale of landfill methane gas. Staffwill develop the technical, financial and business parameters for the agreement for approval by the Board of County Commissioners. D. Engineering Division- Indian River Estates/Savannas Ecosystem Management Project- The Board approved the Amendment to the existing attached EP A Section 319 Nonpoint Source Management Progml11 gmnt to includo $1 million from tho St. Lucie River Issuos Team and $1 million appropriated by the State Legislature for the India River Estates /Savannas Ecosystem Management Project and 2 01/23/04 --~WARR FUND 001 001142 001149 001157 001286 001287 001288 101 101003 101006 101216 101217 i02 102001 105 107 107002 107003 140' 160 HI3 H08 ·..."'3215 183216 185004 201 310002 315 316 316104 316201 382 396 397 398 401 401225 418 421 441 451 461 471 491 505 505001 1 j 630 650 672 ¥ -, ST. LUCIE COUNTY - BOARD ...., PAGE 1 WARRANT LIST #19- l7-JAN-2004 TO 23-JAN-2004 FUND SUMMARY TITLE General Fund FTA Section 5303 Grant FYOl/02 Section 112/MPO/FHWA/Planning 2004 CSBG Grant FY04 FDCA/EMPA 2004 FDCA/Harardous Materials Grant 2004 TDC Planning Grant FY 03/04 Transportation Trust Fund Transportation Trust/Local Option Transportation Trust/Impact Fees DEP River Park Baffle Box OTTED Tropicana/Signal Upgrade Unincorporated Services Fund Drainage Maintenance MSTU Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper, Port & Airport Fund Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Domestic Relations Hearing Officer OSCA Traffic Infraction FY02/03 OSCA Traffic Infraction FY03/04 FHFA SHIP FY03/04 So County Regional Stadium Debt Impact Fees-Parks County Building Fund County Capital Pepper Park Dune Crossover FDEP/FRDAP Savanna Rec. Phase II Environmental Land Capital Fun~ Lennard Road 1 - Roadway Capital Lennard Road 2 - Water Capital Lennard Road 3 - Sewer Capital Sanitary Landfill Fund FDEP Waste Tire Grant FY 04. Golf Course Fund H.E.W. Utilities , Fund North Hutchinson Island Utilities S. Hutchinson Utilities Fund Sports Complex Fund No County Utility District-qperatin Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Law Library Tax Deed Overbid Agency Fund Agency Fund F.F.A. Road Fund GRAND TOTAL: EXPENSES 442,444.52 249.00 222.31 10,411.17 1,621.23 179.90 274.90 54,541. 91 15,757.50 31,848.06 8,423.10 57,313.35 13,087.64 4,350.13 2,804.30 228,746.55 27,192.82 606.80 1,623.15 1,242.83 242.27 6,632.50 750.00 130.00 16.30 45,730.31 325.00 182,623.23 640,034.46 862.85 200.00 12,550.00 2,410.60 12,300.00 4,000.00 32,040.80 1,,551.50 14,038.17 76.44 1,799.25 18,216.27 13,342.90 662.81 2,382.08 3,869.08 8,884.39 29.20 3,725.00 380.00 18,519.77 15,498.33 1,946,764.68 PAYROLL 28,678.96 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 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 - 1'1 0.00 6,793.86 0.00 0.00 0.00 0.00 0.00 0.00 35,472.82 , 1, ~ ....." authorized the signature by the Chainnan, subject to final review and approval of the grant contract by the County Attorney. E. Engineering Division- Request for a Public Hearing on Florida Rock Mine- The Board approved a public hearing date of March 2,2004 or soon thereafter to consider the request of the Florida Rock Mine-North Plant to increase their hours for crushing operations. 4. GRANTS A. Grant Application- Florida Greenways and Trails for a grant of up to $100,000- The Board authorized the County Administrator to submit the grant application to the Florida Office of Greenways and Trails and to amend the Capital Improvement Plan to include the two projects for 2004/2005. B. Grant Application- U.S. Dept., of Agriculture Wetland Reserve Program- The Board authorized the County Administrator to sign the grant application for he U.S. Dept., of Agriculture Wetland Reserve Program. ADDITIONS I CA-l Proposed Agreement with TC Regional Planning Council for Design Charette and Town Planning Services- The Board approved the proposed agreement and authorized the Chairman to sign the agreement. CA-2 Final Plat Approval for Eagles Retreat @ Savannas Club- The Board approved the final plats for Eagles Retreat @ Savanna Club, subject to execution of all final subdivision agreements and posting of any required securities. 5. NO PUBLIC HEARING 6. COUNTY ATTORNEY Interlocal Agreement - Utility Bulk Sale- Consider staff recommendation that the Board not approve the redraft of the Interlocal Agreement approved by the City on January 20, 2004. In view of the issues outlined, staff requested the Board provide direction as to those issues if the Board desires to continue negotiations with the City and FPUA. The County Attorney gave background infonnation on the issue and stated he was recommending denial of the city's proposal. He advised the Board that prior to the January 13,2004 meeting, he met with the FPUA Attorney and the Assistant City Attorney to discuss some issues. County staff presented revised agreements and a map that were negotiated with FPUA staff for Board consideration on January 13,2004 and at that time the Board voted 4-0 to approve the agreement and the maps. Unfortunately at the January 20, 2004 FPUA Board meeting the FPUA Board tabled consideration of the agreements at the request of city. At the January 20,2004 City Commission meeting it does not appear that the agreements and the map the county approved were ever fonnally presented to the City Commission. Instead, it appears that the Assistant City Attorney drafted an interlocal agreement to incorporate certain conditions which were outlined in the letter sent to the County Attorney on January 16, 2004 which outline various issues that he believed were acceptable to the City Commission. The City Commission did approv~ the re-drafted interlocal agreement, by a vote of 4 to 1 on January 20,2004. We did not see this re-draft until prior to this date. 3 '-" '....I The County Attorney reviewed the agreement which was approved on January 20,2004 by the Board of County Commission and negotiated with FPUA staff, and the one the city actually approved on the 20th. In reviewing the conditions outlined by the City Attorney, the County Attorney advised the Board ofthe following: In number 3 where it states "The County will agree not to object to any future annexation by the City within our service area except on the grounds of contiguity" he stated that under State Law, the county has the ability to object not only on grounds of contiguity, but on grounds of compactness, pockets, enclaves, serpentine etc.. In number 7, where it states "There was no Bulk Utility Agreement included in the Interlocal, this statement is not accurate, they did negotiate a bulk utility agreement with the U.A. and are still doing so. In the city's draft agreement, the County Attorney focused on the following: Number I " Waiver of right to object to future annexations except on the grounds of contiguity, he felt this Board did not have the right by agreement, to waive the right of future Boards to contest future annexations on grounds that are specifically set out in state laws. He continued to discuss the various issues. He advised the Board he would suggest tenninating the airport annexation agreement. With regard to Indian River Estates, the Board may want to consider taking a new straw ballot within 60 days, contingent upon the $3.5 million dollar commitment by FPUA. Let the people decide whether or not they want retail service at a lower cost with a 15 year defennent on annexation or ifthey prefer, bulk service without annexation at a higher annual cost. The County Administrator stated he concurred with the County Attorney's thoughts and felt they cannot accept what is in this agreement. Com. Hutchinson asked if the City Commission voted on the agreement Staff advised her that to their knowledge, they did not. They believe it was not presented to them in an open session. Com. Lewis stated she has truly tried to get through the changes and possibilities but she keeps coming back to the point where she sees the two issues cannot be resolved together and this is where she is today. Com. Hutchinson stated the county has at least looked at the counter offers and she cannot say that Ft. Pierce has done the same. She has lost her enthusiasm and her optimistic attitude towards finding an agreement. Com. Bruhn stated he was still optimistic and stated he did not have a problem with withdrawing pending objections, and agrees to let them do Indian River Estates if they agree to a straw poll and agree to tenninate the annexation of the airport, they can work it out. However, if they do not wish to, then the county can expand Holiday Pines. The County Attorney advised the Board he has prepared an interlocal agreement which incorporates some ofthe issues. He believes it is in our best interest to work something out with FPUA and the City as opposed to building our own facility or obtaining water from another source. He suggested that because time is short, they can take a look at the interlocal agreement which was drafted and make the necessary changes and send it back on last time and also indicate our intention to go ahead with Holiday Pines. The County Administrator advised the Board that at a meeting he attended last week, it was stated that the annual water hookups was 55 for FPUA and wastewater was 56, they 4 "-' ...", are not growing. The revenue stream would be almost $8 million per year for FPUA if we purchase the water and sewer from FPUA. The capital connection charges would be almost $25 to 30 million dollars ifFPUA was to provide the services. The city 0 f Ft. Pierce would produce a revenue of 6 cents on a dollar gross without investing any money. Increasing over time, over 15 years it would produce over $1 million dollars per year for the city. Com. Coward stated we needed to make the last effort. If we can do the parallel track, basically saying we have no more time and are prepared to move forward with other necessary utility expansion, but will give them one last opportunity at their last meeting, and put the fate of the City of Ft. Pierce in the hands of their city elected officials. If they are willing to compromise with us on the issues and if not, they leave us no choice but to do what we do not want to do and that is move forward with our own utility in the North County. Com. Hutchinson asked how many times do they have to try to work with the city when they do not even review what is presented. Com. Barnes moved that the version ofthe agreement alluded to by the County Attorney be sent to the city for a vote on this coming Monday, seconded by Com. Bruhn Com. Lewis expressed her concerns with the time limit,issue. She also stated she has problems with waiving the current objections and at what point do you not uphold your oath of office to uphold the state laws. The County Attorney stated, each annexation issue needs to be looked at individually. The County Administrator advised the Board of a meeting he had with developers regarding the water. He suggested the following: 1. to reject the agreement from Ft. Pierce today 2. consider the agreement presented by the County Attorney and if approved submit it to the city and ask them to act on it Monday night, and should the Board approve staffs recommendation to move forward with the expansion of Holiday Pines, that staff not act on it until Tuesday morning depending on the action of the Ft. Pierce City Commission on Monday. 3. should they approve the agreement then we would not go forward with the expansion, however, should they turn down the agreement, on Tuesday, we would begin drawing up the contracts with the engineering firms so that the county could move forward. Mr. Butch Terpening, Culpepper and Terpening, representing Porto fino Shores, advised the Board of those who have invested a lot of money and asked the Board move forward with the parallel track. Ms. Pamela Hammer, Reserve resident questioned waiving annexation objections in Ft. Pierce and if it would preclude the BCC from objecting to what the city of Port St. Lucie would intend on annexing. The County Attorney stated each annexation stands alone. Mr. Terpening made the Board aware of the issues pending regarding clearance for the homes already built. The County Attorney suggested adding language to paragraph 10 regarding the MSBU for Indian River Estates. 5 ~ ~ Motion continued: to include the recommendations made by Com. Bruhn and Com. Coward modifying the agreement and reject the agreement presented by the city staff; and, upon roll call, the vote was as follows: Nay's: Lewis, Hutchinson; Ayes: Barnes, Bruhn, Coward; motion carried by a vote of 3 to 2. 7. CENTRAL SERVICES Design and Build expansion of the St. Lucie County Correctional Facility- Consider staff recommendation to approve the Selection's Committee's recommendation to negotiate cost with the top ranked firm, Centrex Rooney/Schnekel Shultz, for the Design /Build Expansion to the St. Lucie County Correctional Facility. The Architect addressed the Board's questions. Com. Barnes requested input ITom all the users before finalization. It was moved by Com. Coward, seconded by Com. Bruhn, to approve the Selection Committee's recommendation; and, upon roll call; motion carried unanimously. 8. UTILITIES Work Authorization- Consider staff recommendation to approve a Work Authorization with Camp, Dresser and McKee Inc., for the design ofthe expansion of the Holiday Pines Wastewater Treatment Plant in an amount not to exceed $356,900. It was moved by Com. Bruhn, seconded by Com. Hutchinson, to approve Staff recommendation; and, upon roll call, motion carried unanimously. 9. UTILITIES Piggyback Contract- Astaldi Construction Corp., - Consider staff recommendation to approve Work Authorization with Camp, Dresser & McKee for the design of the expansion of the Holiday Pines Water Treatment Plant in an amount not to exceed $292.960. It was moved by Com. Bruhn, seconded by Com. Hutchinson, to approve staff recommendation; and, upon roll call, motion carried unanimously. ITEMS 10 AND 11 WERE PULLED. UTILITIES ITEM 12 WILL BE RESCHEDULED- ADMINISTRATION- Bi-Weeklyreports ADDITIONS RA-l ADMINISTRATION Request for the Board to declare an emergency and authorize staff to order Field Padding for Thomas J. White Stadium- Consider staff recommendation to declare an emergency and authorize staff to purchase field padding from C & H Baseball in the amount of $36,154. and approve CAP# 04-079. 6 .... '--' .., "- It was moved by Com. Bruhn, seconded by Com. Coward, to approve staff recommendation; and, upon roll call, motion carried unanimously. There being no further business to be brought before the Board, the meeting was adjourned. Chainnan Clerk of Circuit Court 7 .... - -- '-' "wJ ADDITION ---= ITEM NO. RA1 -..'.. - - .... - . .. .. DATE: February 3. 2004 AGENDA REQUEST REGULAR: (X) PUBLIC HEARING: ( ) CONSENT: ( ) TO: BOARD OF COUNTY COMMISSIONERS p~~ P.M. Bowers Interim Utility Director SUBMITTED BY (DEPT): UTILITIES DEPARTMENT SUBJECT: Staff recommends that the Board declare an emerqencv and approve extending the current contract with Astaldi Construction Corporation for the installation of water and wastewater transmission lines from the existing Holiday Pines water and wastewater plants. Installation includes Masteller & Moller, Inc. engineering, plans, design, permits, inspections, survey, as-builts, and installation. Transmission lines will extend approximately 7 Y2 miles at a cost not to exceed $2,692,800. FUNDS AVAILABLE: The funds will come from an interfund loan from the General Fund to be repaid with interest at 2%. (001-9910-599300-800 - General Emergency Reserves) PREVIOUS ACTION: Board approved contract #C03-07-506 dated July 22,2003 between St. Lucie County and Astaldi Construction Corporation. RECOMMENDATION: Staff recommends that the Board declare an emergency and approve the piggyback contract with Astaldi Construction Corp. for the installation of water and wastewater transmission lines. Staff also recommends approval of interfund loan from the General Fund to be repaid with interest at 2%. COMMISSION ACTION: X APPROVED o OTHER: o DENIED --- Approved 5-0 ~ County Attorney: ~ Originating Dept: Jv ~ Review and Approvals "EJ Management and Budget: ~ ~ Purchasing: o Other: o Other: º 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 Manager at 772-462-1777 or TTD 772-462-1428, at/east 48 hours (48) prior to the meeting. '-" ...." UTILITY DEPARTMENT MEMORANDUM FROM: Board of County Commissioners P.M. Bowers, Interim Utility Director M TO: DATE: February 3, 2004 RE: North County Water and Wastewater Plant Line Extension BACKGROUND: The piggyback of the Astaldi Construction Corp. contract will allow for the extension of the existing Holiday Pines water and wastewater plants transmission lines. Attached is a letter confirming the extension of current contract pricing from Astaldi Construction Corp. Installation includes Masteller & Moller, Inc. engineering, plans, design, permits, inspections, survey, as- builts, and installation. Transmission lines will extend approximately 7 % miles at a cost not to exceed $2,692,800. RECOMMENDATION: Staff recommends that the Board declare an emergency and approve the piggyback contract with Astaldi Construction Corp. for the installation of water and wastewater transmission lines. /" . . 02/03/200q 11:~ 95qq232597 ASTALDI PAGE 02/03 ..." Astaldi Con.5truction Corporation S1. Lucie County - Utilities 2300 Virginia Avenue PO Box 728 Fort Pierce, Florida 34982-5652 , P,M. Bowers Assistant Public Works Director 772-462-1150 772-462-1153 (fax) @co.st-lucie.Qov Ref.: 2004/078 Date: February 3, 2004 Re: Unit Pricing Subject: Additional Work Dear Sir: Please allow this letter to confirm our agreement to ~xtend current Contract unit pricing contained within our Contract dated July 22" . 2003, # C03-07 -506, between St Lucie County and Astaldi Construction Corporation to any and all work that is currently under discussion within St. Lucie County. We confirm the following "budget" per lineal foot unit prices for the line sizes listed below: Unit pricing includes all pipe and a,ppurtences, Directional Bores, Fittings¡.. Butterfly Valves/Plug Valves every 1.100 feet, Fire Hy-drants on Water Main every 92:> feet, aIr release varves at high points and at the end of directional bores, sample points, blow-offs, pavement restoration, seed/sod restoration, as applicable 6" Water Main $ 39.00 Per LF 6" Force Main $ 43.00 Per LF 8" Water Main $ 45.00 Per LF 8" Force Main $ 49.00 Per LF 12" WStter Main 155.00 Per LF 12" Fórce Main 58.00 Per LF 16" Water Main 75.00 Per LF 16" Force Main 79.00 Per LF 24" Water Main $ 95.00 Per LF 24" Force Main $ 99.00 Per LF · 02/03/2004 11:~ 9544232597 ~ ASTALDI ...." PAGE 03/03 Engineering, plans, design, permitting, inspection, stake-out, survey and certified as-builts to be provided by Masteller & Moler, Inc. at the following "not to exceed~ unit costs in addition to above pricing I Any permit costs and permit/application fees are not included in this pricing. 6" Main or less 8" Main 12" Main 16" Main 24" Main $ 6.00 Per LF $ 8.00 Per LF $ 10.00 Per LF $ 12.00 Per LF $ 14.00 Per LF Please call with any question. concerns or comments upon receipt. Si~_ Nicholas Fiduccia Division Manager /" 8220 State Road 84 Suite 300, Davie, Florida 33324 Telephone: (954) 423-8766. Fax: (954) 423-2597 ---- -- '-" ~ AbDITION ~ ITEM NO. RA2 DATE: February 3.2004 AGENDA REQUEST REGULAR: (X ) PUBLIC HEARING: ( ) CONSENT: ( ) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): UTILITIES DEPARTMENT PRES~TED BY: ~~ P.M. Bowers Interim Utility Director SUBJECT: Staff requests that the Board approve a Work Authorization with Camp Dresser & McKee, Inc. for the site analysis of a future wastewater plant in St. Lucie County in the amount of $56,550. FUNDS AVAILABLE: The funds will come from an interfund loan from the General Fund to be repaid with interest at 2%. (001-9910-599300-800 - General Emergency Reserves) PREVIOUS ACTION: Board approved (1/27/04) previous work authorizations for the Holiday Pines Water and Wastewater Treatment Plant expansions. RECOMMENDATION: Staff recommends that the Board approve a Work Authorization with Camp Dresser & McKee, Inc. for site analysis of a future wastewater plant in St. Lucie County in the amount of $56,550. Staff recommends approval of interfund loan from the·General Fund to be repaid with interest at 2%. COMMISSION ACTION: JI APPROVED '-Ò-OTHER: /" 0 DENIED as Anderson nty Administrator Approved 5-0 '&I Originating Dept: y ~ Review and Approvals \¡ Management and Budget: 2/k{) cpJ/Ji-p 0 Purchasing: o Other: 0 Other: ~ County Attorney: o Finance: (Check for copy only, if applicable): Anyone with a disability requiring accommodations to attend this meeting should contact the St. Lucie County Community SeNÎces Manager at 772-462-1777 or TTD 772-462-1428, at least 48 hours (48) prior to the meeting. · . '-" ...,., UTILITY DEPARTMENT MEMORANDUM FROM: Board of County Commissioners P.M. Bowers, Interim Utility Director M TO: DATE: February 3, 2004 RE: Water and Wastewater Treatment Plant Expansions BACKGROUND: The Work Authorization with Camp Dresser & McKee, Inc. will provide for the site analysis of a future wastewater treatment plant. Recent growth trends and Developer demands require the expansion of existing facilities and location and construction of regional facilities to initiate and facilitate the growth. The expansion/facility will be consistent with the Utility Master Plan approved by the Board in August of 2000. RECOMMENDATION: Staff recommends that the Board approve a Work Authorization with Camp Dresser & McKee, Inc. for the site analysis of a future wastewater plant in St. Lucie County in the amount of $56,550. /" · . 02-03-04 12:27PM ~M-Camp Dresser & McKee Inc, Vera + ~~ P,003/00S H57 EXHIBIT A , ST. LUGE COUNTY UflllTlES NORTH COUNTY REGIONAL WA~EWA TER TREATMENT PLANT PHASE I - FACILITY SITING ANALYSIS SCOPE OF SERVICES The existing Holiday Pines Wastewater Treabnent Plant is limited Ù'\ capacity due to site constraÙ'\ts. Project~d wastewater flows in the north portion of St. Lucie County (County), presented in the Water & Wastewater Master Plan Update dated October 2003, Ù'\dicated that a new regional wastewater treatment plant (WWTP) will be necessary to accommodate increased development. The new WWTP site must accommodate the plant process including full-scale reclaimed water production and wet weather disposal and be adequately buffered hom existing or plaMed development. TASK 1 SITE IDENTIFICATION CDM and County ~taff will work together in an effort to identify potential sites for a regional WWTP. Sites inclu~e existing County owned properties, future development parcels, etc. CDM and County staff will meet with developers who express an interest in accommodating the utilities within dev~loper's property boW\daries. Negotiation assistance services associated with developers proposals are not included as part of this scope of services. TASK 2 COMPARATIVE SITE ANALYSIS CDM will objectively and subjectively review and evaluate sites identified in Task 1. Sites will be evaluated based,on proven evaluation criteria including but not limited to the following categories: I A. TechnicM Physical 1. MiriÌtnum Size 2.. Distànce to Centroid of Wastewater Flows 3. Ownership 4. Screening and Buffer 5. Dra:fuage 6. Land Elevation 7. Surface Water B. "'Énvironmental 1. Uplånds 2, Wetlands 3. EnViironmel'\tally Sensitive c. Compatibility with Government Regulations 1. CoI#patibility with County Plaruúng and Zoning 2. E~t:il1g land Use 3. Compatibility With Adjacent land Use A-1 mn1500,doc . '. , DZ-D3-D4 IZ;ZTP~ROM-Camp Dresser & McKee Inc Vero + .J P,DD4/006 F-35T 4. Proximity to Urban Services Boundary D. 5ocia1/~01itical 1, Dwèl1Ú'\g Units on Adjacent SUes 2. Imp~ct on Project Schedule 3. DistaJ'\ce to nearest proposed residential writ 4. Acc~ptance by residents E. Cost Factors 1. Land 2. Site Preparation 3. MitigatioJ'\ 4. Capjtal and O&M Costs The sites will be evaluated utilizing criteria values: good -1, fair -2, poor -3,.and very poor -4, which results in the site receiving the lowest overall score being ranked the lûghest of the sites evaluated. ' TASK 3 SITE EVALUATION REPORT CDM will prepare il Facility Siting Analysis Report describing the evaluation criteria, category scoring, and overall rankings for potential WWTP sites. Based on the overall rankings, CDM will recommend sites for County staff to pursue. CDM will prepare and submit five draft copies to County staff for ,:review I comment. Five final drafts will be provided to County staff upon incorporation of comments. Scope of services for subsequent phases of the project will be submitted upon completion of this authorization. SCHEDULE The estimated schedule for the project including the upcOtnÚ'\g phases is as follows assuming authorization to proceed around February 3, 2004. Facility 5itihg Analysis Preliminary Design Report 6 Weeks 6 Weeks Permitting ,: /" ' 3 Months Final Design Bidding 6 Months 3 Months . Construction . 18 Months Start-Up &:Testing 1 Month A-2 "",'SOOclIK: . . . T....,/ p, 005/006 OZ-03-04 1 Z :Z1PM ...,,-Camp Dre&&er & McKee Inc, Vera + omER SERVICESiNOT INCLUDED IN THIS SCOPE OF SERVICES The following list of items is not included in this Scope of Services but will be addressed in separate proposals ;or will be negotiated separately with SLCU, if requited: A. Environm~ta1 assessment services of potential sites. B. Negotiatio~ with developers, property owners, etc. C. PreliminarY; design, pemútting, final design and financial assistance services. D. Bidding and/ or negotiation services to implement the project. E. General, resident, and special services associated with construction of the facility expansion ïþcluding operating manuals and start-up services. F. Additional services in connection with the project not otherwise provided for in this Scope of Sertices. COUNfY RESPOÑSIBILITIES County staff shan provide the following to CDM in a timely manner: . Assistance from County plaruting staff with mapping of potential sites, and . Review of ~DM work products. /" A-3 H57 m/l1500,CICe :, 02-03-04 12:28PIA ~I-Camp Druser , IAcKu Inc, VerD EXHIBIT B + PROJECT BUDGET North County Regional Wastewater Treatment Plant PROJECT: PROJECT DESCRIPTION: Phase I - Facility Siting Analysis Labor Category Officer Principall Associate Senior Professional Professional II Professional I I Project Administration TOTAL LABOR COsT 01HER DIRECT COSTS Travel I Copying and Prin*,g ComputerlSc~g postage and Slùppfug TOT At OTHER DµŒCT COSTS " I' TOTAL ESTIMATED COST TOTAL UPPER LIMIT AMOUNT, USE " " ï I: /" " I j' $1,000 1,250 500 1.000 B-1 Hours 40 120 120 80 80 60 500 T.....I p, 006/006 F-357 Total $52,800 $3{750 $56J.S~ $56.550 mPl1500aoç ~ \. J '- '-' ....., ITEM NO. ~ DATE: February 3.2004 AGENDA REQUEST REGULAR: (X) PUBLIC HEARING: ( ) CONSENT: ( ) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): ADMINISTRATION SUBJECT: Development of a Research/Education Park in Sl Lucie County BACKGROUND: See Attached Memorandum FUNDS AVAILABLE: 001-9910-599100-800 General Fund Contingency $51,000 PREVIOUS ACTION: N/A RECOMMENDATION: Staff is recommending that we allocate $31,000 from contingency to perform the appraisals and due diligence as the first step in acquiring these properties (see attached map). Staff is also recommending that we allocate an amount not to exceed $20,000 from contingency to prepare a conceptual campus site plan. Finally, staff is requesting authorization to go out for Requests for Proposals (RFPs) to perform a "needs assessment" for the planned research park. COMMISSION ACTION: MAPPROVED 0 DENIED o OTHER: Approved 5-0 Review and Approvals o County Attorney: o Management and Budget: o Purchasing: o Originating Dept: o Other: o other: º Finance: Check for copy only, if applicable: Anyone with a disability requiring accommodations to attend this meeting should contact the St. Lucie County Community SeNices Manager at 772-462-1777 or 77D 772-462-1428, at least 48 hours (48) prior to the meeting. H:\WIN\O WORD\AGENDAW\RESEARCHEDPARK.DOC , , ~ ...." TO: COUNTY ADMINISTRATION MEMORANDUM 04-11 FROM: Douglas M. Anderson DATE: January 29, 2004 RE: Research/Education Park BACKGROUND: Staff, in conjunction with the University of Florida, the USDA, and Senator Pruitt, have identified parcels of land that need to be acquired for the development of the planned research and education park, to be located in the \Acinity of the existing USDAlIFAS Center and County Extension Office. Working in conjunction with the above-mentioned agencies, we have prioritized the parcels that need to be acquired. At this time, we have identified four property owners, totaling 408 acres that we are attempting to acquire. The funding source that has been identified to acquire these properties would be a $10,000,000 County Bond Issue. I have been working with the County's financial advisor who has indicated that the County's debt limit capacity exceeds the $10,000,000 and the County has sufficient revenues to retire this debt. fwe are successful in negotiating the purchase of these properties, we will be bringing back a Bond Issue for approval at a later date. There is an extreme amount of interest by developers to purchase these properties for future projects. Our concern is if we don't acquire these parcels, we will be land-locked and would also be restricted on the types of research that we could perform in the future and not be able to implement a research park. At this time, we need to have appraisals performed on the properties identified by the above-mentioned agencies in order to negotiate with property owners. The first step in becoming a research park is to perform a "needs assessment". We need to go out for RFPs for these services. Finally, we need to prepare a conceptual campus site plan. The cost to prepare this plan will not exceed $20,000. RECOMMEN DA TION: Staff is recommending that we allocate $31,000 from contingency to perform the appraisals and due diligence as the first step in acquiring these properties (see attached map). Staff is also recommending that we allocate an amount not to exceed $20,000 from contingency to prepare a conceptual campus site plan. Finally, staff is requesting authorization to go out for Requests for Proposals (RFPs) to perform a "needs assessment" for the planned research park. DMAlab 04-11 c: Ray Wazny, Assistant County Administrator Dan Mcintyre, County Attorney Marie Gouin, Management and Budget Director Dennis Murphy, Community Development Director Anita Neal, County Extension Director Robert Freeman, Squire, Sanders & Dempsey Bill Leedy, William R. Hough & Co. .. ~ ...,I Page 1 of 1 Douglas Anderson - St. Lucie County Non-Ad Valorem Borrowing Capacity From: To: Date: Subject: "Leedy, Bill" <BLEEDY@hough.com> "Doug Anderson (E-mail)..<douga@co.st-lucie.fl.us> 1/29/2004 3 :40 PM S1. Lucie County Non-Ad Valorem Borrowing Capacity Doug-Regarding the County's plans for various capital improvement projects,including land acquisition,in 2004,please be advised that 81. Lucie County has sufficient borrowing/bonding capacity from non-ad valorem revenues to secure a $10,000,000 bond issue (or bank loan),amortized over 15-20 years. Bill Bill Leedy First Vice President William R. Hough & Co. 225 East Robinson 8treet,8uite 465 Orlando,FL 32801 407-422-5161 Fax: 407-422-5659 bleedy@hough.com ~ \. .. , '- ..., BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: OMS/County Administration PREPARED DATE: 1/28/04 AGENDA DATE: 2/03/04 ~1~~~]~~~~ç~~Y~I~[~i~R"£~;;~;S~;{~:~.išS:l[@Âççº\l~~!~~~1'f'i;i:,~C~;&2~'"~ ~~t~~i~~~~¥f' TO: 001-1 21 0-531 000-1 00 Professional Services $51 ,000 FROM: 001-991 0-5991 00-800 Continç¡encv $51 ,000 REASON FOR BUDGET AMENDMENT: Research-Education Park. CONTINGENCY BALANCE: $746,618 THIS AMENDMENT: $51 ,000 REMAINING BALANCE: $695,618 DEPARTMENT APPROVAL: OMB APPROVAL: ~ BUDGET AMENDMENT #: 'sA04-129 DOCUMENT # & INPUT BY: ~ , . '- , , FISCAL YEAR 2003-2004 FUNDS APPROVED FROM CONTINGENCY GENERAL FUND AMOUNT REMAINING: $746,618 DEPARTMENT ITEM Approved Budget Contingency Administration Chilled Water System for Thomas J. White Stadium Comm.Dev-Tourism Treasure Coast Sports Comm (TCSC) Increase Central Services TranscriberlDual Cassette Reformatter PW /Env Resources Chopper/Brush Mower P&RIParks Fence Repair at Lawnwood F-Ball Stadium P&RIParks Fence Repair at Pepper Park Veteran Services Loan for a van. United Veterans will repay. Cultural Affairs Treasure Coast Opera Society/ Mini Grant Program Administration Thomas J. White Stadium Interfund Loan-Field Padding Proposed action: Administration Research-Education Park Balance Available After Proposed Action: *** Interfund Loan for the Thomas J. White Stadium Chiller System ACCOUNT # 001-9910-599100-800 G/L Interfund Loan *** BA04-110 001-1925-564000-100 001-3920-564000-300 001-7210-546300-76021 001-721 0-546300-700 001-5310-564000-500 001-7310-582000-700 461-75201-563000-700 Total used: Balance Available 001-1210-531000-100 ...,,¡ AMOUNT 1,000,000 $125,000 $25,000 $2,293 $1,913 $12,000 $12,833 $18,189 $20,000 36,154 $253,382 $746,618 51,000 $695,618 DATE 10/21/03 10/28/03 11125/03 12/9/03 12/9/03 12/9/03 01/13/04 1/13/04 1/27/2004 02/03/04 - \' ~ ..., Agenda Request Item Number: Meetina Date: o Feb 3, 2004 Consent Regular Public Hearing Leg. [ ] [ ] [ X ] [ ] Quasi-JD [ To: Submitted By: Board of County Commissioners Community Development Presented By SUBJECT: Consider comments to a series of proposed amendments to the Port St. Lucie Comprehensive Plan Amendments BACKGROUND: The City of Port St. Lucie has submitted to the Florida Department of Community Affairs a series of proposed amendments to the City's Comprehensive Plan. Many of these amendments effect lands that presently lie within the unincorporated areas of the County, but that are also subject to petitions of annexation, that are being processed simultaneously with these Future Land Use Map Amendments. The attached paragraphs outline each of the proposed amendments and a brief summary assessment of the amendment. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the County submit the attached comments to the Department of Community Affairs and the City of Port St. Lucie. COMMISSION ACTION: [X] APPROVED c:::J OTHER Approved 5-0 D DENIED RENCE: Motion to pass with supplemental language about Joint Planning Agreement (JPA). County Attorney Originating Dept.: Finance: CJ¿( ,,' Coordination/ Signatures Mgt. & Budget: Other: Purchasing: Other: (agend770) '. ' '-' "'" COMMISSION REVIEW: February 3, 2004 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division MEMORANDUM TO: County Commission FROM: Community Development Director DATE: January 27, 2004 SUBJECT: Port St. Lucie Comprehensive Plan Amendments The City of Port St. Lucie has submitted to the Florida Department of Community Affairs a series of proposed amendments to the City's Comprehensive Plan. Many of these amendments effect lands that presently lie within the unincorporated areas of the County, but that are also subject to petitions of annexation, that are being processed simultaneously with these Future Land Use Map Amendments. The following paragraphs outline each of the proposed amendments and a brief summary assessment of the amendment. ******************** PSL Amendment Number: Reference Name: P03-356 Panda/Midway Power Partners Summary: Redesignation of a 74-acre parcel of land from MXD (Midway/Glades) to CS (Commercial Service) and IL (Industrial Light) The submitted petition proposes to amend the Future Land Use designation from MXD (Midway/Glades) to CS (Commercial Service) and IL (Industrial Light). The current County designation on this property is IH (Industrial Heavy). The submitted future land use amendment does not specify what the property will be rezoned to once it is annexed into the City and has its land use changed by the City. However, the application for future land use amendment does indicate that 25 acres of the 75-acre parcel will be designated CS with the remainder of the parcel designated for light industrial uses. The site is currently classified by the County for industrial use. This classification has been on the petitioned parcel since the early 1980's. The subject site was previously owned by the Harris Corporation and was at one time planned for use as a semiconductor/electronic manufacturing facility in support of the company's Melbourne area operations. Harris has since sold off their interests to Panda/Midway Power Partners and Florida Power and Light. The Harris Corporation is no longer a property owner in the area. The petitioned site may be characterized as improved pasture. The site does not have any observed natural features. There are several wetlands in the vicinity of the subject area, but none '-, '...I January 27, 2004 Page 2 Subject: PSL Plan Amendments noted on this site. Given the soil conditions of the area, it is likely that the Corp of Engineers will claim jurisdiction on all or part of this site as future development activities proceed. Any development on this site will be subject to all applicable development regulations for environmental resource protection, as administered by the City of Port S1. Lucie. The application for future land use amendment indicates that if the sit~ were developed under the County's zoning designation, a total trip generation of 11,600 trips per day could be expected. This generation rate is based upon an ITE rate of 7.468 trips per day. The submitted application for amendment to the City's Comprehensive Plan indicates that if the proposed amendments were approved, the expected trips to be generated from this site would be in the area of 9,500 trips per day. Current capacity on West Midway Road in this area is 15,600 AApT. Since a specific development plan has not yet been submitted, impact assessments from this site on the adjacent transportation network cannot be fully assessed. However, based upon current traffic count information in this area, the addition of these 9,500 additional trips is not expected to cause any specific LOS problems. It is expected that prior to the issuance of any final development orders for any specific development activity on this property, a full traffic impact report will be prepared and submitted to both the City and the County for review. The County's interest in this matter is that the subject site access directly onto County roadways. There are no City streets or roads in this area. Port S1. Lucie will provide utility service for this site. Services will extend to the site as specific development plans are submitted. To date, we have no information as to when this might occur. As a non-residential site/use, any development on this site is not expected to have an effect on the need for additional parks or education facilities. Recommendation on chanae in Future Land Use: Staff recommends that the County not object to the requested amendments to the City of Port S1. Lucie Comprehensive Plan except to request that prior to the approval of any Final Development Orders for this site, a specific Development Agreement be entered into between the property developers/City of Port St. Lucie and the County addressing any required alterations or modifications to the local County Road network that may be impacted by this parcels development. **.***************** PSL Amendment Number: P03-357 Reference Name: Kenco Communities Inc. Summary: Redesignation of a 386-acre parcel of land from AG-5 (154 ac) and AG-2.5 (232 ac) to RL (253 ac)/ CG (18 ac) and ROI (12 ac) The submitted petition proposes to amend the Future Land Use designation from AG-5 (154 ac) and AG-2.5 (232 ac) to RL (253 ac)/ CG (18 ac) and ROI (12 ac). The current zoning designation on this property under the County's classification is AG-5 (154 ac) and AG-2.5 (232 ac), which would permit \.' ~ January 27, 2004 Page 3 Subject: PSL Plan Amendments 124 residential units. The submitted land use amendment would permit up to 1,765 residential units (a 1,400%, increase) and potentially up to 330,000 sf of commercial space (assuming 40% lot coverage of the CG area only). Based upon the applicant's submitted information, trip impacts to West Midway Road will at a minimum exceed 17,000 AADT (based on the petitioners apparent voluntary development limitation of 825 units and 290,000 sf of commercial space). However, this AADT could be greater if these "voluntary" thresholds are exceeded. Since West Midway Road is the only primary road that accesses this site, any development of the magnitude proposed will require that the roadway be, at a minimum, four laned from Okeechobee Road (SR 70) to 1-95 (SR 5). The cost to provide for this widening should be the responsibility of any developer on this property. The amendment documents incorrectly identify the creek that flows through the amendment site as Ten Mile Creek. The creek in question is actually Eleven Mile Creek, a natural tributary to Ten Mile Creek that ultimately empties into the North Fork of the St. Lucie River. According to the Florida Land Use Cover Classification System map that was provided with the application, there are 6.67 acres of hardwood hammock remaining along the historic creek and 4.81 acres of the stream itself. The majority of the amendment site also appears to be within the 1 OO-year floodplain of Eleven Mile Creek, a major tributary to Ten Mile Creek which outfalls to the North Fork of the St. Lucie River. Although much of the floodplain on the amendment site was previously cleared to allow for agricultural use, a significant portion of the creek and its historic floodplain still remain. Increasing densities/intensities on the amendment site will increase the pressure for development to occur within the floodplain and thereby reduce the wetland protection goals of local, state and federal agencies. The increased development pressures can be expected to result in a loss of floodplain storage functions, degradation of the Creek's shoreline and loss of it's remaining native habitat buffers. In order to provide for a reasonable level of habitat and resource protection, if the City of Port St. Lucie is to pursue this proposed land use amendment, then the City of Port St. Lucie might want to consider designating those lands that are adjacent to 11 Mile Creek as Open Space Preservation (aSP). A Future Land Use classification of asp along the Eleven Mile Creek shoreline and it's floodplain wetlands is recommended to protect the Creek from negative impacts from development pressures that will likely occur as a result of the proposed land use change. Coordination with the Florida Department of Environmental Protection South Florida Water Management District should be undertaken to develop a plan that protects and enhances the natural functions and values of the Creek system while it serves as a natural recreational amenity for the proposed project. Several archaeological sites are located within close proximity of the amendment site. The Williams Midden, State Site File No.8SL7, and the Ten Mile Creek Water Preserve Area Critical Project is located to the north of the site along Ten Mile Creek. During recent surveys of the Ten Mile Creek Water Preserve Area, four prehistoric archaeological sites and two isolated finds were identified and documented as important in determining the prehistory of the region. Based on the results of the survey and site evaluation program, it was recommended that all four resources be considered eligible for inclusion on the NRHP. The 2002 Archaeological Survey of St. Lucie County, prepared by the Archaeological and Historical Conservancy, Inc., concluded that, "...despitethe high number of sites that have been recorded for the Central Marsh Region, it is clear that many more are ,-.~ '-" January 27 2004 Page 4 Subject: PSL Plan Amendments present but unrecorded, or have been destroyed (Wheeler, 1997)." The archeological survey of the Ten Mile Creek Attenuation project lands consisted of a survey of grove lands along the Ten Mile Creek system found numerous archaeological resources. Given the above and the location of the property within the Central Marsh Region of the County, which has been identified as an area "second only to the Coastal Region in term of the number of archaeological sites" (Archaeological and Historical Conservancy, 2002). An archaeological survey of the amendment lands should be conducted to determine the presence of archaeological material and the historical status of the two homes on the site determined. The amendment site lies outside the defined urban service area of the County and immediately adjacent to lands that support active agricultural production. The densities proposed for the amendment site are inconsistent with those intended for lands outside the urban service area and can be expected to increase pressures to extend public services and urban densities to other properties in the area. The amendment may be seen as an inhibitor to efforts to promote development and redevelopment within the defined urban service area of the community. The amendment does not appear to be consistent with the County, State or Region's goal to prohibit urban sprawl and promote retention of agricultural and other suitable rural uses outside the existing urban service areas. The proposal does not support nor encourage infill of existing urban areas in the County, especially in the City of Port St. Lucie. No coordination with the County has been conducted to ensure that the development of this is compatible with existing and proposed future uses in the unincorporated areas of St. Lucie County. This amendment can be expected to weaken the County's efforts to encourage infill and retain urban densities to lands within or adjacent to the existing urban service area. In addition the proposed amendment is expected to result in land use conflicts between the developments future residents, residents in nearby existing rural subdivisions and agricultural operations in unincorporated St. Lucie County. Active citrus operations in the area utilize hazardous chemicals that can negatively affect residents. The environmental assessment provided with the amendment package documented arsenic impacts to the site's soils beyond those acceptable for residential areas. The report recommended methods to address the contamination reported as "conservative from a heather and safety viewpoint". When the City of Port St. Lucie received approval of its western annexation boundary through a Comprehensive Plan Amendment in 2002, it stipulated through that amendment that it, the City, would prepare a set of guiding Goals, Objectives and Policies for the comprehensive planning of this area in order to ensure the development patterns in this area are beneficial to the City's future including requirements for a mix of appropriate land uses. To the best of the County's information those Goals, Objectives and Policies have yet to be developed. In the absence of those Goals, Objectives and Policies, it appears that the requested changes in land use, particularly the requested changes to commercial, are premature and should be held in abeyance until at least the completion of the pending Urban Land Institute review of this area and the City's consideration of its recommendations. However, if the City is insistent on proceeding with these amendments in advance of the completion of the pending ULI study, and if the City is desirous of limiting any development actions on this site to the representations made in the petition for change in future land use, then, it is suggested that '. '-I "'" January 27, 2004 Page 5 Subject: PSL Plan Amendments the City enter into a specific Development Agreement for this property pursuant to Sections 163.3220-163.3243, Florida Statutes. In doing so, the County-At-Large, the City and the developer are provided certain assurances as to the disposition of this petitioned property. Recommendation on chanae in Future Land Use: Staff recommends that the County submit the above comments to the Department of Community Affairs and the City of Port St. Lucie. ******************** PSL Amendment Number: Reference Name: P03-358 Rich & Rubin/ Savanna Club. Summary: Redesignation of a 18.51 acre parcel of land from COM (13.05 ac) and RU (5.46 ac) to CG (253 ac)/ CG (12 ac) and RM (6.51 ac) The submitted petition proposes to amend the Future Land Use designations of COM (13.05 ac) and RU (5.46 ac) to CG (12 ac) and RM (6.51 ac). The current zoning designation on this property under the County's classification system is CG (13.05 ac) and RM-5 (5.46 ac), which would permit 27 residential units and potentially up to 227,000 sf of commercial (assuming a 40% lot coverage). The submitted land use amendment would permit up to 76 residential units (a 262% increase) and potentially up to 113,000 sf of commercial space (assuming a 40% lot coverage). However, the petitioner for change in future land use indicates that they are seeking only to develop 70 multi- family units and 90,000 square feet of commercial. The applicant's information indicates that the proposed change in land use will actually result in a reduction of trips from this site when compared to the County's current land use designations on this property. The applicants' traffic assumptions appear to be based on inconsistent information. When assigning impacts from the County's land use designation, an assumed commercial coverage of 50% was used. When assigning impacts from the City's land use designation, an assumed coverage of 40% was used. There was no explanation for the difference in anticipated commercial land use cover. If a consistent designations were used, the trip impact are expected to be closer to each other in both the before and after condition, then what is reported in this application. Since a specific development plan has not yet been submitted, impact assessments from this site on the adjacent transportation network cannot be fully assessed. No matter the generalities of the trip impact questions from this property, as the Board is aware, traffic concerns in this are centered mostly on the operation of the intersection of Savanna Club Boulevard and South US #1. General link capacities/operations along this stretch of South US #1 appear to be adequate at this time. Since a specific development plan has not yet been submitted, specific impact assessments from this site on the adjacent transportation network cannot be fully assessed. '-, ...,,¡ January 27, 2004 Page 6 Subject: PSL Plan Amendments The subject site is presently a mix of pine flatwoods and isolated wetlands. Previously, the County Commission approved a development plan for the adjoining property to the east that included several large areas of upland/wetlands that were set aside and further restricted by conservation easement, in favor of the County. The submitted environmental assessment for this property, while apparently incomplete in its content, indicates that much of the same habitat can be expected to be found on the petitioned property. Since a site plan has not been provided, should the City agree to annex and amend this property, full consideration should be given to integrating the natural resources found on this property with those protected areas to the east of the subject site. If the City of Port St. Lucie agrees to annex this property and amend the future land use designation as indicated in the attached application, there still remain two outstanding questions that are not direct to this specific petition, but need to be addressed at some point. Question one is, what are the city's future annexation plans east of the North Fork of the St. Lucie River? Question two is, does the City of Port St. Lucie plan to expand the limits of the community redevelopment area to include this property? Recommendation on chanae in Future Land Use: Staff recommends that the County submit the above comments to the Department of Community Affairs and the City of Port St. Lucie. ******************** PSL Amendment Number: Reference Name: P03-264 Tiffany Woods (Walton Road) Summary: Redesignation of a 40 acre (+/-) parcel of land from RU to RL The submitted petition proposes to amend the Future Land Use designations from RU (County) to RL (City). The current zoning designation on this property under the County's classification system is RM-5, which would permit 200 (+/-) residential units. The submitted land use amendment would permit the same gross residential density. The petitioned property is located in an existing area of unincorporated that County's Comprehensive Plan encourages to be annexed into the City of Port St. Lucie. The proposed use of this property as a residential development would be the same as if the property were developed in the County. In assessing the impacts of any development on this property, the County would request that the City consider the impacts that it may have on the adjacent Savannas State Preserve. We would further request that as a condition of any final development orders for this property, the developers convey to the County the north 55 feet of the subject property for future right-of-way purposes associated with improvements to Walton Road. At the present time this segment of Walton Road has been designed, but is not funded for construction. ~ '.J January 27, 2004 Page 7 Subject: PSL Plan Amendments Recommendation on chanae in Future Land Use: Staff recommends that the County submit the above comments to the Department of Community Affairs and the City of Port St. Lucie. ******************** PSL Amendment Number: Reference Name: P03-369 Southern Groves Summary: Redesignation of a 3,155.7 acre parcel of land from MXD (Gatlin)! RU (Residential Urban) and AG-5 (Agricultural - 1 du!5 ac) to NCD (New Communities District) The submitted petition proposes to amend the Future Land Use designation on the subject property from the MXD (Gatlin)! RU (Residential Urban) and AG 5 (Agricultural- 1 du!5 ac) Future Land Use Districts to NCD (New Communities District). The current zoning designation on this property under the County's classification is AG-1 (per acres) and AG-5 (1 du per 5 acres). The submitted land use amendments are the first step in a more comprehensive review of this property as a development of regional impact, pursuant to Section 380.06, Florida Statutes. The application of New Community Development District requires that the petitioners compete the DRI review process. Although more detailed review work will have to be done as part of the DRI process, preliminary reviews of the land use and traffic circulation plans for this property indicate the need to depict how the north!south roadways integrate into the existing development to the north of this site (the Tradition DRI) and the plan indicates the likely need for a mid-interchange crossing of 1-95 in order to provide for alternative circulation patterns that do not force all traffic into either the Gatlin Boulevard or Becker Road Interchanges. This mid-block crossing of 1-95 does not necessarily have to include access to 1-95. In reviewing new Policies 1.2.2.9 through 1.2.2.11, the Policies appear to be committing future City Councils to actions that could be in conflict with other agency rules or Laws of Florida. If these policies are to ream as drafted, consideration should be given to adding some additional language that clarifies the role of the City in these actions. Recommendation on chanae in Future Land Use: Staff recommends that the County submit the above comments to the Department of Community Affairs and the City of Port St. Lucie. '- 'wtII January 27, 2004 Page 8 Subject: PSL Plan Amendments ******************** PSL Amendment Number: Reference Name: P03-300 Lennar/ Becker Groves. Summary: Redesignation of a 285-acre parcel of land from AG-5 (237 ac) and AG-2.5 (48 ac) to RL (265 ac) and CG (20 ac). The submitted petition proposes to amend the Future Land Use designation from AG-5 (237 ac) and AG-2.5 (48 ac) to RL (265 ac) and CG (20 ac). The current zoning designation on this property under the County's classification is AG-5 (237 ac) and AG-2.5 (48 ac), which would permit 104 residential units. The submitted land use amendment would permit up to 1,325 residential units (a 1,200%, increase) and potentially up to 348,000 sf of commercial space (assuming 40% lot coverage). Based upon the applicant's submitted information, trip impacts to Glades cut-off road from this project, and other approved projects in the area will, at a minimum, exceed 17,000 AADT (based on the petitioner's apparent voluntary limitation of 526 units and 200,000 sf of commercial), however, this AADT could be greater if these "voluntary" thresholds are exceeded. Since Glades Cut-Off Road is the only primary road that accesses this site, any development of the magnitude proposed will require likely require that the roadway be, at a minimum, four laned from the project site to West Midway Road. The cost to provide for this widening should be the responsibility of any developer on this property. The subject site is located along the C-24 Canal which is identified as a multi-use path in the County's adopted Greenways, Trails and Bikeways Master Plan. The placement of structures that restrict the publics access along the C-24 Canal should be prohibited. Future development plans should identify public access points to the canal right-of-way and proposed trail system. Maintenance or creation of a native habitat buffer between the canal right-of-way and future development areas could be provided to assist with the creation of an attractive greenway and trail system in St. Lucie County. The petitioned site may be characterized as old grove. The site does not have any observed natural features remaining on it. There are several wetlands in the vicinity of the subject area, but none noted on this site. Given the soil conditions of the area, it is likely that the Corp of Engineers will claim jurisdiction on all or part of this site as future development activities proceed. Any development on this site will be subject to all applicable development regulations for environmental resource protection, as administered by the City of Port St. Lucie. Several archaeological sites are located within close proximity of the amendment site. The Williams Midden, State Site File No.8SL7, and the Ten Mile Creek Water Preserve Area Critical Project is located to the north of the site along Ten Mile Creek. During recent surveys of the Ten Mile Creek Water Preserve Area, four prehistoric archaeological sites and two isolated finds were identified and documented as important in determining the prehistory of the region. Based on the results of the survey and site evaluation program, it was recommended that all four resources be considered eligible for inclusion on the NRHP. The 2002 Archaeological Survey of St. Lucie County, prepared by the Archaeological and Historical Conservancy, Inc., concluded that, ".. .despite the high number '- ....,I January 27, 2004 Page 9 Subject: PSL Plan Amendments of sites that have been recorded for the Central Marsh Region, it is clear that many more are present but unrecorded, or have been destroyed (Wheeler, 1997)." The archeological survey of the Ten Mile Creek Attenuation project lands consisted of a survey of grove lands along the Ten Mile Creek system found numerous archaeological resources. Given the above and the location of the property within the Central Marsh Region of the County, which has been identified as an area "second only to the Coastal Region in term of the number of archaeological sites" (Archaeological and Historical Conservancy, 2002), an archaeological survey of the amendment lands should be conducted to determine the presence of archaeological material and the historical status of the two homes on the site determined. The amendment site lies outside the defined urban service area of the County and immediately adjacent to lands that support active agricultural production. The densities proposed for the amendment site are inconsistent with those intended for lands outside the urban service area and can be expected to increase pressures to extend public services and urban densities to other properties in the area. The amendment may be seen as an inhibitor to efforts to promote development and redevelopment within the defined urban service area of the community. The amendment does not appear to be consistent with the County, State or Region's goal to prohibit urban sprawl and promote retention of agricultural and other suitable rural uses outside the existing urban service areas. The proposal does not support nor encourage infill of existing urban areas in the County, especially in the City of Port St. Lucie. No coordination with the County has been conducted to ensure that the development of this is compatible with existing and proposed future uses in the unincorporated areas of St. Lucie County. This amendment can be expected to weaken the County's efforts to encourage infill and retain urban densities to lands within or adjacent to the existing urban service area. In addition the proposed amendment is expected to result in land use conflicts between the developments future residents, residents in nearby existing rural subdivisions and agricultural operations in unincorporated St. Lucie County. Active citrus operations in the area utilize hazardous chemicals that can negatively affect residents. The environmental assessment provided with the amendment package ha snot addressed the impacts of long term pesticide sue on the property and whether or not the soils on this site contain measurable residuals that could be a potential health hazard. Prior to the issuance of any final development orders for this property, it is recommended that the city require that the developers provide a complete assessment of the property to determine if there are any areas of possible hazard and what remedial efforts will be taken to eliminate those hazards. When the City of Port St. Lucie received approval of its western annexation boundary through a Comprehensive Plan Amendment in 2002, it stipulated through that amendment that it, the City, would prepare a set of guiding Goals, Objectives and Policies for the comprehensive planning of this area in order to ensure the development patterns in this area are beneficial to the City's future including requirements for a mix of appropriate land uses. To the best of the County's information those Goals, Objectives and Policies have yet to be developed. In the absence of those Goals, Objectives and Policies, it appears that the requested changes in land use, particularly the requested changes to commercial, are premature and should be held in abeyance until at least the completion of the pending Urban Land Institute (ULI) review of this area and the City's consideration of its recommendations. '- ,..", January 27,2004 Page 1 0 Subject: PSL Plan Amendments However, if the City is insistent on proceeding with these amendments in advance of the completion of the pending ULI study, and if the City is desirous of limiting any development actions on this site to the representations made in the petition for change in future land use, then, it is suggested that the City enter into a specific Development Agreement for this property pursuant to Sections 163.3220-163.3243, Florida Statutes. In doing so, the County-At-Large, the City and the developer are provided certain assurances as to the disposition of this petitioned property. Recommendation on chance in Future Land Use: Staff recommends that the County submit the above comments to the Department of Community Affairs and the City of Port St. Lucie. ******************** PSL Amendment Number: P03-298 Reference Name: Home Dynamics Summary: Redesignation of a 17-acre parcel of land from CL (commercial limited) to RM (residential medium)/ CG (commercial general) and ROI (residential, office, institutional) The submitted land use amendments use amendments is located along North Torino Parkway, approximately 1/2 mile south of West Midway Road. The parcel in question is located entirely within the City of Port St. Lucie. Aside from some degree of impacts upon West Midway Road, no County Commission responsible facilities are affected by this requested change in land use. In assessing the impacts of any development on this property, the County would request that the City consider the impacts that it may have on West Midway Road. Recommendation on chance in Future Land Use: Staff recommends that the County submit the above comments to the Department of Community Affairs and the City of Port St. Lucie. ******************** PSL Amendment Number: Reference Name: P03-330 City of Port St. Lucie Summary: Redesignation of a 21-acre parcel of land from CG (Commercial General) to OSR (Open Space Recreation) '-- .....", January 27,2004 Page 11 Subject: PSL Plan Amendments The submitted land use amendments use amendments is located at the southwest corner of the intersection of East Torino Parkway and along North Torino Parkway. The parcel in question is located entirely within the City of Port St. Lucie. The submitted land use change is to permit the development of a new community park site. Aside from some minor degree of impact upon West Midway Road, no County Commission responsible facilities are affected by this requested change in land use. In assessing the impacts of any development on this property, the County would request that the City consider the impacts that it may have on West Midway Road. Recommendation on chanae in Future Land Use: Staff recommends that the County submit the above comments to the Department of Community Affairs and the City of Port S1. Lucie. ******************** PSL Amendment Number: Reference Name: P03-352; P03-351; P03-350 & P03-349 City of Port S1. Lucie Summary: Redesignation of certain parcels within the existing Tesoro, Planned Unit Development both to and from CG (Commercial General) to RGC (Residential Golf Course) The submitted land use amendments are located within the existing Tesoro, Planned Unit Development. These amendments are to address certain internal changes within the development project. The parcels in question are located entirely within the City of Port St. Lucie. No County Commission responsible facilities are affected by this requested change in land use. Recommendation on chanae in Future Land Use: Staff recommends that the County submit the above comments to the Department of Community Affairs and the City of Port S1. Lucie. ******************** PSL Amendment Number: Reference Name: P03-355 St. Lucie Land Ltd. Summary: Redesignation of a 158-acre parcel of land from RGC (Residential Golf Course) to CG (Commercial General), CH (Commercial ~ ' '-- \..,I January 27,2004 Page 12 Subject: PSL Plan Amendments Highway), IL (Industrial Light) and ROI (Residential, Office, Institutional) The submitted land use amendment is located at the southeast corner of the intersection of Becker Road and the Florida Turnpike. The parcel in question is located entirely within the City of Port St. Lucie. No County Commission responsible facilities are affected by this requested change in land use. However, the amendment does propose an industrial land use along the C-23 Canal system. This is inconsistent with the efforts to restore the North fork the St. Lucie River and downstream estuaries, including the Indian River Lagoon. Placing industrial uses along the canal system can result in negative impacts to the waterway through contaminates reaching the canal waters and the North Fork of the St. Lucie River Aquatic Preserve and Outstanding Florida Waters just downstream of project. Relocation of this industrial land use is recommended. Recommendation on chanae in Future Land Use: Staff recommends that the County submit the above comments to the Department of Community Affairs and the City of Port St. Lucie. ******************** PSL Amendment Number: Reference Name: P03-59 City of Port St. Lucie. Summary: Petition filed by the City of Port St. Lucie to require that all multi- family residential projects, greater than five (5) units to the acre, only be approved through the local planned development (PUD) process. County staff has no comments on this petition. Recommendation on chanae in Future Land Use: Staff recommends that the County submit the above comments to the Department of Community Affairs and the City of Port St. Lucie. ******************** PSL Amendment Number: Reference Name: P03-277 City of Port St. Lucie/ Egan Grove Annexation. \ . '-- ~."" January 27, 2004 Page 13 Subject: PSL Plan Amendments Proposed amendment filed by the City of Port St. Lucie to recognize the recent amendment to the municipal boundaries of the City. December 15th 2003, the City of Port St. Lucie annexed certain lands at the south end of McCarty Road for the purpose of developing a regional wastewater treatment plant. The City has incorporated through this annexation process the County's Land Use and Zoning designations on the property. This amendment action appears to be only for the purpose of updating the territorial maps of the City to include this parcel. The City has not submitted any land use amendments to go along with this proposed amendment Summary: County staff has no comments on this petition. Recommendation on chanae in Future Land Use: Staff recommends that the County submit the above comments to the Department of Community Affairs and the City of Port St. Lucie. If you have any questions about the above, please let me know. Submitted: Dennis J. Murphy Community Development Director DJM PSLCOMPLAN3(H) cc: County Administrator County Attorney Planning Manager Asst. Community Development Director PSL Planning Director ! . '-' ." "" January 27 2004 Page 14 Subject: PSL Plan Amendments ...,..---- '~ . '-" 'wtI Agenda Request Item Number: Meeting Date: tJ () Feb 3, 2004 Consent Regular Public Hearing Leg. [ ] [ ] [ X ] [ ] Quasi-JD [ To: Submitted By: Board of County Commissioners Community Development Presented By 1 ent Director SUBJECT: Port S1. Lucie Annexation Ordinances 04-04, 04-08 and 04-09 m Consider I ·tiating Conflict Resolution proceedings pursuant to Chapter 164, Florida Statutes BACKGROUND: Attached are copies of recent advertisement announcing the intent of the City of Port St. Lucie to annex certain lands in the County into the City. The second, and final, hearing on these annexations will take place on Tuesday, February 9, 2004. Section 171.043, Florida Statutes, sets out requirements for annexation. In sum, these standards require that the area to be annexed must be contiguous to the municipality's boundaries at the time the annexation proceeding is begun and it must also be reasonably compact. The annexing area must have all or part of the area to be annexed developed for urban purposes, as further defined in the statute. The annexing municipal governing body may include areas that do not meet the definition of ·urban in character" if the area to be annexed lies between a municipal boundary and an area already developed for urban purposes, so that the area developed for' urban purposes is either not adjacent to the municipal boundary or cannot be served by the municipality without extending services or water or sewer lines through such sparsely developed area; or is adjacent, on at least 60 percent of its external boundary, to any combination of the municipal boundary and the boundary of an area or areas developed for urban purposes as defined in the Statute. The attached annexations appear to marginally meet the requirements for annexation. However, these areas of annexation are moving the City into areas of the County where the parcels in question cannot be accessed without traversing County facilities. The City has provided the County no information or an opportunity for input as to how the impact from these annexations may be mitigated. Further, while these annexations individually do not appear to be in violation of Florida Statutes, they are coming very close to creating pockets/enclaves of unincorporated County that would likely be seen as inconsistent with the requirements of Section 171.044(5), Florida Statutes. Future annexations in the area of Ordinance 04-08 could result in violations of state standards regarding annexation. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board not initiate the Conflict Resolution Process with the City of Port S1. Lucie, however, we would request that the City provide the County the opportunity to be a full review and comment agency for any development proposal that may be filed on the properties associated with these annexations, ~ APPROVED [::J OTHER Approved 5-0 Motion to do Conflict Resolution Proceedings on Res. 04-08, 04-09 and comment on Res, 04-04. o DENIED ENCE: COMMISSION ACTION: uglas M. Anderson County Administrator f)l Coordination/ Signatures County Attorney ~ Mgt. & Budget: Originating Dept.: Other: Finance: Purchasing: Other: (agend771 ) / ì t ! '-' """ COMMISSION REVIEW: February 3, 2004 COMMUNITY DEVELOPMENT DEPARTMENT Planning Division MEMORANDUM TO: County Commission FROM: Community Development Director DATE: SUBJECT: January 27, 2004 Port St. Lucie Annexation Ordinances 04-04, 04-08 and 04-09 --- Consider Initiating Conflict Resolution proceedings pursuant to Chapter 164, Florida Statutes Attached are copies of recent advertisement announcing the intent of the City of Port St. Lucie to annex certain lands in the County into the City. The second, and final, hearing on these annexations will take place on Tuesday, February 9, 2004. By separate memorandum, the Board has been advised of County staffs comments regarding the proposed land use map amendments effecting these annexations. The review comments contained within this memorandum are focused solely on a determination as to whether not the proposed annexation is consistent with the annexation standards described in Chapter 171 , Florida Statutes. Section 171.043, Florida Statutes, sets out requirements for annexation. In sum, these standards require that the area to be annexed must be contiguous to the municipality's boundaries at the time the annexation proceeding is begun and it must also be reasonably compact. The annexing area must have all or part of the area to be annexed developed for urban purposes, as further defined in the statute. The annexing municipal governing body may include areas that do not meet the definition of "urban in character" if the area to be annexed lies between a municipal boundary and an area already developed for urban purposes, so that the area developed for urban purposes is either not adjacent to the municipal boundary or cannot be served by the municipality without extending services or water or sewer lines through such sparsely developed area; or is adjacent, on at least 60 percent of its external boundary, to any combination of the municipal boundary and the boundary of an area or areas developed for urban purposes as defined in the Statute. The attached annexations appear to marginally meet the requirements for annexation. However, these areas of annexation are moving the City into areas of the County where the parcels in question cannot be accessed without traversing County facilities. The City has provided the County no information or an opportunity for input as to how the impact from these annexations may be mitigated. Further, while these annexations individually do not appear to be in violation of Florida Statutes, they are coming very close to creating pockets/enclaves of unincorporated County that would likely be seen as inconsistent with the requirements of Section 171.044(5), Florida Statutes. Future annexations in the area of Ordinance 04-08 could result in violations of state standards regarding annexation. '-' "wi January 27,2004 Page 2 Subject: PSL Annexations In 2002, the City of Port St. Lucie received approval of its western annexation boundary through a Comprehensive Plan Amendment. As part of that amendment, the City stipulated that it would prepare a set of guiding Goals, Objectives and Policies for the comprehensive planning of this area in order to ensure the development patterns in this area are beneficial to the City's future including requirements for a mix of appropriate land uses. To the best of the County's information those Goals, Objectives and Policies have yet to be developed. For the past year, the County has proposed entering into a Joint Planning Agreement with the City that would address community planning issues for this area. The City has not yet acted on this proposed agreement. It is staffs recommendation that a request be made once again that the City and the county enter into a Joint Planning Agreement for the areas west of the current City limits. In regard to the attached annexation petitions, staff recommends that the Board not initiate the Conflict Resolution Process with the City of Port St. Lucie, however, we would request that the City provide the County the opportunity to be a full review and comment agency for any development proposal that may be filed on the properties associated with these annexations. If you have any questions, please let us know. SUBMITTED: De IS Murphy Community Develo ment Director PSL-ANNEX1 (H) Attachments cc: County Administrator County Attorney PSL Planning Director .. ~ NOTICE OF ANNEXATION A Public hearing (2nd reading) will be conducted before the City Council of the City of Port St. Lucie at a meeting beginning at 7:00 PM or as closely thereafter as business permits on FEBRUARY 9,2004 in the City of Port St. Lucie Council Chambers at City Hall, Building A, 121 SW Port St. Lucie Blvd., comer of Airoso and Port St. Lucie Blvd., Port St. Lucie, Florida, on the following proposed ordinance: ORDINANCE 04-08, an ordinance annexing certain land, approximately 284.99 acres, situated in S1. Lucie County, Florida providing for conditions of annexation, providing for an effective date. The property is legally described as portions of Sections 20, 21, and 29, Township 36 South, Range 39 East, S1. Lucie County, as shown on the following map. (P03-313) .__nI',~~11~~'~~:9 o[' n'n.:.~ 'A !'t¡ 'I l ~~Fl~;J ~ _n..""! ; f--J ~ g i ¡ I 1 ~ -=--...; I W 11~ c-n_'~~ J~~~;h"~ % t .~ j¡ Copies of the above referenced ordinance and a complete legal description by metes and bounds have been placed on file in the City Clerk's Office and are available for public inspection Monday through Friday between the hours of 8 :00 AM and 5 PM. Interested parties may appear at the meeting and be heard with respect to the proposed ordinance. No stenographic record by a certified court reporter will be made of the foregoing meeting. Accordingly, any person who may seek to appeal any decision involving the matters noticed herein will be responsible for making a verbatim record of the testimony of evidence of said meetin upon which any appeal is to be based. Planning & Zoning PUB 2-2-04 ~ """ NOTICE OF ANNEXATION A Public hearing (2nd reading) will be conducted before the City Council of the' City of Port St. Lucie at a meeting beginning at 7 :00 PM or as closely thereafter as business pennits on FEBRUARY 9,2004 in the City of Port St. Lucie Council Chambers at City Hall, Building A, 121 SW Port St. Lucie , Blvd., comer of Airoso and Port St. Lucie Blvd., Port St. Lucie, Florida, on the following proposed ordinance: ORDINANCE 04-09, an ordinance annexing certain land, approximately 386 acres, situated in St. Lucie County, Florida providing for conditions of annexation, providing for an effective date. / The property is legally described as portions of Sections 4, 5, and 9, Township 36 South, Range 39 East, St. Lucie County, as shown on the following map. (P03-354) r=........·,_..·_'--p ¡-1""·"'-'" I ¡ ¡! ! I ~ I , , ' SUBf' ECT : PRO ERTY ,- \I.". '!'\I~'-'f ~. -1/ _OJ ~'~r~t I -l\ ~¡ , I :r:i .,¡,--- ~): .......--... ..........__....~_..__. """'¡"""'-==--]~:===\ 1.// ~ I ~tr t! :-' '...,'-..-- { ~l ~. \:n :¡' MiDV\jÄ'(RO;"..D fi rJ f\.'! I -~/!¡ i ~/'11 !-!J ~'1 .. ~;. ~ IÎ!J: ..... W~'''1 : ",... ~ <, : ~'U:"~...j': T - : ~.;) ::~~;,...:,::~:".~~~r;t~!--jl¡"'j~f ,jO. .'. {.~-' " II 7t'._. ':~~;~J --' Copies of the above referenced ordinance and a complete legal description by metes and bounds have been placed on file in the City Clerk's Office and are available for public inspection Monday through Friday between the hours of 8 :00 AM and 5 PM. Interested parties may appear at the meeting and be heard . with respect to the proposed ordinance. No stenographic record by a certified court reporter will be made of the foregoing meeting. Accordingly, any person who may seek to appeal any decision involving the matters noticed herein will be responsible for making a verbatim record of the testimony of evidence of said meeting upon which any appeal is to be based. "'" t Planning & Zoning V ---._- .---------..------.--.--. ~C~ ". .~. -~_.._-_. ~--_._._,_.~---_._.. '-' NOTICE OF ANNEXATION A Public hearing (2nd reading) will be conducted before the City Council of the City of Port St. Lucie at ~ meeting beginning at 7:00 PM or as closely thereafter as business pennits on FEBRUARY 9, 2004 in the City of Port St. Lucie Council Chambers at City Hall, Building A, 121 SW Port St. Lucie' Blvd., corner of Airoso and Port St. Lucie Blvd., Port St. Lucie, Florida, on the following proposed ordinance: ORDINANCE No. 04-04, an ordinance' annexing certain land, approximately 18 acres plus or minus, situated in St. Lucie County, Florida providing for conditions of annexation, providing fc;>r an effective date. The property is legally described as portions of Lots 15 and 16, Block 3, and Lots 9 and 10, Block 4, as shown on the Plat of St. Lucie, Gardens, lying East of U.~. Highway No.1 and South of Savanna Club Boulevard, as shown on the'f~llo~ing map. (P03-353) ···......._m__...._.. ........__...._.__.._..... ...."..,"',..,",··"'·'1 \-:·:~~T??·~» ,~ "", ,.,~.\ ;;~~~i;~~~~ ~'J>/ <:, \? ......?:-\o-...~/'...._, i :,> ." ...·._m" ::r,....~., ~ , I 'y illÉ' l.( ¡ r':::.'::i\;;:r¿.,...; ,r 1..';1 i ir .-,-, ''(, ,~. '~1:-' ¡--'=- .. - , . 1~:":gf~'l(Jj ¿:~;1(\( ~ ,':.>i" 1:- ·...A', t~~.",:.:..~..::-j '~ 4;/I).~' ~ \ l I~' ~:~~:- .~~~~~;~~~~J'.' ~ ,=,-,:, ,..~:,~:.~~:~~~~t?~,~:.~~__. """"',.,"',]g:-~à,\~i " :SUI¡J,.JECY '111 \. ,I \ F-!~RO"'J; RY- "I...,.... ' \~..' "._y. "" ''r' SAVAN -,\J~i;~ -~!1~;!:~ - ¡ WALTO ,00 ( Copies of the above referenced ordinance and a complete legal description by metes and bounds have been placed on file in the City Clerk's Office and are available for public inspection Monday through Friday between the hoUl:s of 8:00 AM and 5 PM. Interest~d parties may appear at the meeting and be heard with respect to the proposed ordinance. No stenographic record by a certified court reporter will be made of the foregoing meeting. Accordingly, any person who may seek to appeal any decision involving the matters noticed herein will be responsible for making a verbatim record of the testimony of evidence of said meeting upon which any' appeal is to be based. Planning & Zoning PUBLIS ,. '-r' 'wJ AGENDA REQUEST ITEM NO. 9 DATE: February 2, 2004 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] SUBMITTED BY (DEPT) : Utilities Department ~~ P.M. Bowers TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Staff requests that the Board approve a Work Authorization with Masteller & Moler, Inc. for engineering services the design, permitting, and construction administration for the extension of a 12" water main from the St. Lucie Fairgrounds Water Treatment Plant to the Seminole Tribe Lands in the amount of $213,700. FUNDS AVAIL: Funds to be made available 479-3600-563005-300 Improvements other than Building/Consulting Engineer Funds will come from an interfund loan from the General Fund to be repaid with interest at 2%. 001-9910-599300-800 - General Fund/Emergency Reserves Account PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board approve a Work Authorization with Masteller & Moler, Inc. for engineering services for the extension of a 12" water main from the St. Lucie Fairgrounds Water Treatment Plant to the Seminole Tribe Lands in the amount of $213,700. [ ] [ X] APPROVED OTHER: DENIED CE: COMMISSION ACTION: Pulled prior to meeting. D g Anderson County Administrator ~/ County Attorney:X ~ Originating Dept : X c¡y.,e:J Finance Director: (Check for Copy only, coordination/Siqnatures~ Mgt. & Budget: jI1/) film purchasing Other: if applicable)____ Other: --- -- .. '-', "'wII , -'''''-'-. .-.. -,,-,---. -- -.-., - ,- --_....-....>" IIfISt. L.yciªCountï Utilities Department 2300 Virginia Avenue Fort Pierce, FL. 34982 (772) 462-1150 Fax: (772) 462-1153 MEMORA~DUM TO: Board of County Commissioners P.M. Bowers, Interim Utilities Direct01~ FROM: DATE: January 29,2004 RE: St. Lucie Fairgrounds Water Treatment Plant - Work Authorization BACKGROUND: The Work Authorization with Masteller & Moler, Inc. will provide for the extension of a 12" water main (surveying, design, construction plans and permits) from the St. Lucie Fairgrounds Water Treatment Plant to the Seminole Tribe Lands. The existing 6" line to the Seminole property is approved for 80 units only. This interconnect will support!back-up the existing bulk line coming from the South. RECOMMENDATION: Staff recommends that the Board approve a Work Authorization with Masteller & Moler, Inc. for engineering services for the extension of a 12" water main from the St. Lucie Fairgrounds Water Treatment Plant to the Seminole Tribe Lands in the amount of $213,700. .. Jan 22 04·. :22p "" - Masteller*Moler 7727S~6 p. 1 Exhibit A , Engineering Services Related to Providíng Route Survey, Base Plans, Engineering, Construction Plans, Pemútting, Construction Administration, and Periodic Inspection for the Extension of a 12" Water Main From the Seminole Tribe Lands to the 81. Lucie Fairgrounds Water Treatment Plant I. Scope Of Services A. Provide a Route Survey for Engineering Utility Desiin purposes for a water pipeline project. The Project ivill begin at the Seminole Tnòe Lands on the south side of Route 7Ò and extend west along the south side of Route 70 to 11 Mile Road. The Route Survey will then proceed south on 11 Mile Road to .Midway Road and west along the north side of Midway Road to the St. Lude Fairgrounds entrance road. The Route Survey \\0111 then proceed south along the 81. LuCie Fairgrounds entrance road and west to the existing St. Lucie Fairgrounds Water Treatment Plant. The estimated length of the Route Survey is 28,000 feet. The Route Survey will include all visible improvements located within the proposed pipeline corridor and detailed in£brmation as needed at the directional bore locations. Elevations will be based on NOVD 1929 and cross-sections will be obtained at 200' intervals along the route. Bàse Plans will be prepared shoWÍng the Route Survey infòrrnation and for use in preparing the Engineering Utility Design Construction Plans. B. Prepare Constru..-:tíon Plans and provide Engineering Design services suitable for project construction showing proposed 'water main pipeline with gate-valves, air relief valves, and directional bores. It is understood that the project will be constructed by Astaldi Construction Corp. by "piggy-backi.11g" the contract onto an existing project contract. A more detailed description ofllie pipeline project is as follows: The Water Main System will consist of awroximately 26,400 LF of 12" pipeline and, approximately 1,600 LF of 12" directional bores. A connection ,vilI be made to the èxisting 10" water main pipeline located at the Seminole Tribe Lands on the south side of Route 70. Tne proposed 1 2" pipeline will then be constructed along the south side of Route 70 proceeding west to 11 Mile Road. The 12" water pipeline will then be designed to proceed south on 11 :Mile Road to Midway Road a.'1d then proceed west on the north side of Midway Road to the entrance road serving the St. Lucie County Fairgrounds site. The 12" water main will then proceed south along the entrance road to the St. Looie Fairgrolmds and west to the existing water plant site at the St. Lucie Fairgrounds for connection to the oxisting piping system at the plant site. Directional bores will be made at all paved road crossings and under major canals in order to minimize damage and recoÍ1Struction of these elements. Manual air release valves, gate valves, a.lld fire hydrants will be designed for construction as required. ' .I Jan 22 04 : 22¡o '- Masteller*Moler 772794.."J6 ¡c.2 Exhibit "A" Page 2 of2 C.Permits will be required for the coIlStruction of tills 12" water main extension. We will provide services including the preparation of an FDEP Permit Application along with necessary plans and supporting data for construction of the potable 12" water main system. Services include final certification to FDEP for operation afthe water main. In additìon. a Utility Permit for construction of the water main pipeline in Route 70 must be obtained from FDOT, Our services iDclude acquisition of the FDOT Utility Permit as well as any other incidental pern'Ùts that will be required for construction oftms pipelìne project. D. We will provide services including assistance to St. Lucie County during construction administration and periodic construction inspection. These services ~il1 be on a "as- needed" ba.sis to be sure that the project is constructed in reasonable compliance with the Construction Plans and permits, It is assumed, due to aggressive schooules, that construction of the project will be done by Astaldi Construction Corp. by change order. Therefore, preparation of bid specifica.tions and contract documents and services during bidding have not been included, ' U. Time ofPerfonnance Preparation of plans for the water main system with appurtenances and directional bores for FDEP Permit applications to construct and Utility P-~rmit appJications for a FDOT Permit wiTIbe completed in a time frame estimated at 10 weeks after OUT receipt of a signed work authorization. III. Construction Cost Estimate The estimated constmction cost for this projeCt is $],500,000.00 IV. Method and Amount of Compensation The Engineer, Masteller & Moler, Inc. shall be compensated as follows: 1. Scope ùfServices; Paragraph A, total lump sum fee of 2. Scope of Services; Paragraphs Band C, total lump sum fee of 3. Scope of Services; Paragraph D, total lump sum íèe of $ 64,400.00 $126,000.00 $ 23,300.00 R,d.ìbit .. A;' File /10406 (ExJUbitAdoc) 01/30/04 FZABWARR FUND 001 001131 001142 001149 001157 001158 001163 001288 001809 101 101002 101003 101006 102 102001 102107 105 107 107001 107002 107203 ~"l J 140 140001 160 183 183001 183002 183003 183004 185003 185004 310002 310003 315 316 316104 382 401 418 421 441 448 449 451 41:)8 L -.. '-" '-'II ST. LUCIE COUNTY - BOARD WARRANT LIST #20- 24-JAN-2004 TO 30-JAN-2004 FUND SUMMARY TITLE General 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 TDC Planning Grant FY 03/04 SFWMD-Floridian Aquifer Well 01/04 Transportation Trust Fund Transportation Trust/80% Constitut Transportation Trust/Local Option 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 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.-County Teen Court Ct Admin.- Teen Court FHFA SHIP FY02/03 FHFA SHIP FY03/04 Impact Fees-Parks Impact Fees-Public Buildings County Building Fund County Capital Pepper Park Dune Crossover 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 EXPENSES 1,441,463.65 42.47 42.47 2,477.67 2,910.23 837.37 2,800.00 21. 39 995.52 121,244.58 20,295.20 33,883.00 1,198.88 33,149.86 115,768.01 561. 38 4,812.07 2,537,714.04 293.53 21,252.26 37,160.00 71.07 34,245.68 20,740.30 5,511.33 3,047.40 1,276.13 1,015.28 150.00 201. 80 1,041.41 480.66 1,130.61 5,407.80 33,569.75 560.00 550,422.92 10,333.68 300.00 298,502.57 18,515.78 205.83 3,631.37 182.13 188.22 1,145.79 219.84 182,044.12 PAGE 1 PAYROLL 515,234.90 185.40 185.40 5,733.28 1,436.78 1,261.54 0.00 279.60 1,261.54 117,751. 85 0.00 0.00 0.00 49,875.35 5,113.04 1,366.19 1,728.82 99,137.18 879.62 879.62 0.00 0.00 0.00 12,256.72 0.00 5,507.79 4,181.87 1,171.85 0.00 0.00 1,970.41 0.00 2,523.90 0.00 0.00 0.00 0.00 3;941.94 0.00 50,081. 57 24,483.38 113.06 2,631.10 80.25 160.49 522.67 96.29 12,263.90 01/30/04 FZABWARR FUND 471 478 479 489 491 505 505001 611 625 630 650 '-" .....,¡ ST. LUCIE COUNTY - BOARD WARRANT LIST #20- 24-JAN-2004 TO 30-JAN-2004 FUND SUMMARY TITLE EXPENSES No County Utility District-Operatin No Cty Util Dist-Renewal & Replace No Cty Util Dist-Capital Facilities Airport Util - Capital Fac Fund Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Law Library Tax Deed Overbid Agency Fund Agency Fund 5,747.83 96.12 217.75 106.26 25,571.68 212,609.56 2,846.00 5,593.26 12,188.67 5,989.66 8,018.61 GRAND TOTAL: 5,832,050.45 PAGE 2 PAYROLL 3,268.98 0.00 144.45 144.45 39,662.46 5,115.26 0.00 4,945.61 0.00 0.00 0.00 977,578.51 01/30/04 F7ZU3WARR FUND: CHECK 00306574 \wt' ....., ST. LUCIE COUNTY - BOARD VOID LIST# 20- 24-JAN-2004 TO 30-JAN-2004 PAGE 1 101 '- Transportation Trust Fund INVOICE VENDOR 12405192 National Committee on Uniform TOTAL 160.00 160.00 FUND TOTAL: J ...... ITEM NO. C2a DATE: 2/3/04 AGENDA REQUEST u - TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT) Administration SUBJECT: Request permission to advertise for proposals from qualified consulting engineers to provide St. Luc unty with general engineering services related to Dredging/Disposal Site Design for the Port and other canal restoration projects throughout the County. BACKGROUND: In recent years, the increased focus on stormwater related problems has resulted in several restoration dredging projects in the Indian River Lagoon Basin. The St. Johns River Water Management DistricUNational Estuary Program has participated in several projects of this type, including Turkey Creek in Palm Bay, Crane Creek in Melbourne, and Taylor Creek in St. Lucie County. Recently, the St. Lucie County River Issues Team ranked three (3) restoration dredging projects for possible funding in Martin County. Restoration dredging is an important element of the Indian River Lagoon Comprehensive Conservation & Management Plan (see attached excerpts from the CCMP). The future promises an increase in the demand for more projects of this type in our County for the Port and other canal restoration projects throughout the County. Administration is requesting permission to advertise for proposals from qualified consulting engineers to provide St. Lucie County with engineering services related to Restoration DredginglDisposal Site Design. The proposed continuing contracts would provide the County with the ability to utilize the services of at least three consulting firms on an as-needed basis. Each firm would be selected based on their specific areas of expertise and experience, and would be selected through the normal professional services selection process. Each firm would be assigned projects on a rotational basis, keeping contract amounts as close to even as possible. Each cootinuing contract will have a two-year time limit with an optional one year extension. Individual protects will be approved using work authorizations that would require BOCC approval. With the continuing contracts in place, the individual work authorization can be processed fairly quickly to allow the staff to be responsive in moving projects to completion. FUNDS AVAILABLE: N/A PREVIOUS ACTION: None RECOMMENDATION: Administration requests permission to advertise proposals from qualified consulting firms to provide St. Lucie County with general engineering services related to Dredging/Disposal Site Design under the limitation of the St. Lucie County Purchasing Manual and the Florida State Statutes. COMMISSION ACTION: .. APPROVED 0 DENIED ~ OTHER: Approved 5-0 Reviewanwovals .0,1.,..0.. Dop" (Pub. Wks.~, . Cou.!yAlta..", .' 181 Purchasing: ~ 0 Parks & Recreation: .. Management and Budget: Jt(D t1L~ o Environmental Lands: '1> Finance: e'1 0 Other Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 , . . '-' """" , BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA DRAFT REQUEST FOR PROPOSAL Sealed Proposals will be received at the Purchasing Department, 2300 Virginia Avenue, Fort Pierce, Florida 34982, until :00 PM local time on Wednesday, 2004 for the following: RFP #00-0 PROFESSIONAL ENGINEERING SERVICES DREDGING PROJECTS PUBLIC WORKS DEPARTMENT RFP documents can be obtained from the Office of the Purchasing Manager at, 2300 Virginia Avenue, Fort Pierce, Florida 34982, Telephone (561) 462-1700, or by accessing our internet website at ..http://www.stlucieco.gov... RFP's may either be mailed or hand delivered to the Purchasing Department, 2300 Virginia Avenue, Fort Pierce, Florida 34982. The Board of County Commissioners reserve the right to waive any informalities or minor irregularities; reject any and all proposals which are incomplete, conditional, obscure, or which contain additions not allowed for; accept or reject any proposal in whole or in part with or without cause; and accept the proposal which best serves the County. For Bids, RFP's, Bid Results and other information visit the St. Lucie County Purchasing Web Site at ..http://www.stlucieco.gov... St. Lucie County is an equal Opportunity/Affirmative Action Employer. St. Lucie County Commissioners St. Lucie County, Florida By Ed Parker, Purchasing Manager PUBLISH: ,2004 BILL & PROOF: Board of County Commissioners 2300 Virginia Avenue Fort Pierce, Florida 34982 , . \ . '-" ...., REQUEST FOR PROPOSAL #00-0 FOR PROFESSIONAL ENGINEERING SERVICES DREDGING PROJECTS FOR ST. LUCIE COUNTY Board of County Commissioners Administration Annex Building 2300 Virginia Avenue Ft. Pierce, Florida 34982 · . '-' Part I 1-1 1-2 1-3 1-4 1-5 1-6 1-7 1-8 1-9 1-10 1-11 1-12 1-13 1-14 1-15 Part II 2-1 Part III 3-1 3-2 Part IV 4-1 """'" Table of Contents General Information Definitions Purpose Issuing Office Invitation to Propose Awards Development Costs Inquiries Timetables Delays Proposal Submission and Withdrawal Addenda Equal Opportunity Insurance Lobbyist Disclosure Public Entity Crimes Statement of Work Scope of Work Instructions for Preparing Proposals Rules for Proposals Proposal Format Evaluation of Proposals Evaluation Method and Criteria 1 , . . ~ ....., PART I GENERAL INFORMATION 1-1 DEFINITIONS For the purposes of this Request for Proposals, proposer shall mean contractors, consultants, respondents, organizations, firms, or other persons submitting a response to this Request for Proposals. 1-2 PURPOSE This Request for Proposals (RFP) provides guidelines for the submission of proposals in response to the Board of County Commissioners to provide Professional Engineering Services for Dredging Projects for St. Lucie County. , 1-3 ISSUING OFFICE AND LOCATION OF PROPOSAL OPENING St. Lucie County Purchasing Department 2300 Virginia Avenue Fort Pierce, Florida 34982 1-4 INVITATION TO PROPOSE The Board of County Commissioners of St. Lucie County is soliciting qualifications from proposers to provide PROFESSIONAL ENGINEERING SERVICES related to DREDGING PROJECTS for St. Lucie County. Consultant services may include, but not be limited to, investigating all aspects of proposed dredging projects, preparation of plans, specifications and grant applications, and permitting with various agencies. 1-5 CONTRACT AWARDS The Board of County Commissioners anticipates entering into a continuing contract with a termination clause with the proposer(s) who submit the proposals judged by the County to be most advantageous to the County. The County anticipates awarding two (2) contracts, but reserves the right to award more or less contracts if in its best interest. The proposer understands that this RFP does not constitute an agreement or a contract with the proposer(s). An official contract or agreement is not binding until proposals are reviewed and accepted by the Board of Commissioners and executed by all parties. The County reserves the right to reject all proposals, to waive any informalities, and to solicit and advertise for other proposals. A standard St. Lucie County consultant contract will form the basis of the contract between the successful proposer(s) and the County. Additional terms and conditions may be added to the contract through negotiations with the successful proposer(s). 2 '- 1~ DEVELOPMENT COSTS '..., Neither the County nor their representatives shall be liable for any expenses incurred in connection with preparation of a response to this RFP. Proposers should prepare their proposals simply and economically, providing a straightforward and concise description of the proposer's ability to meet the requirements of the RFP. 1-7 INQUIRIES The County will not respond to oral inquiries. Proposers may submit written inquiries for interpretations of this RFP to: Ed Parker, Purchasing Director St. Lucie County Purchasing Department 2300 Virginia Avenue Fort Pierce, Florida 34982 The County will respond to written inquiries received at least seven (7) working days prior to the date scheduled for receiving the proposals. The County will record their responses to inquiries and any supplemental instructions in the form of written addenda. If issued, the County will mail or fax written addenda to all Proposers who receive the RFP, at least five (5) working days before the date fixed for receiving the proposals. 1-8 TIMETABLES The County, and proposers shall adhere to the following schedule in all actions concerning this RFP: A. On Friday, 2004, the County issues the RFP. B. From, 2004 to, 2004, the County will receive and answer inquiries received by mail. C. The County must receive the proposals by 3:00 P.M. on ,2004. D. From opening time the County will review and evaluate the proposals on a timely basis. E. The County may enter into a contract after conducting negotiations and obtaining appropriate approvals. The County will notify unsuccessful proposer(s) at this time. 1-9 DELAYS The County may delay scheduled due dates if it is to the advantage of the County to do so. The County will notify proposers of all changes in scheduled due dates by written addenda. 3 "-' 1-10 PROPOSAL SUBMISSION AND WITHDRAWAL ..." The County will receive proposals at the following address: St. Lucie County Purchasing Department 2300 Virginia Avenue, Room 228 Fort Pierce, Florida 34982 To facilitate processing, mark the outside of the envelope as follows: "RFP 00-0, Continuing Professional Engineering Services - "DREDGING". The envelope shall also include the proposer's return address. Proposers shall submit ten (10) copies of the proposal in a sealed, opaque envelope marked as noted above. The proposer may submit the proposal in person or by mail. THE COUNTY MUST RECEIVE ALL PROPOSALS BY 3:00 P.M. ON . 2004. Due to the irregularity of mail service, the County cautions proposers to assure actual delivery of proposals to the Purchasing Department prior to the deadline set for receiving proposals. Telephone confirmation of timely receipt of the proposal may be made by calling (772) 462-1700 before proposal opening time. Proposals received after the established deadline will be returned unopened to the proposer. Proposers may withdraw their proposals by notifying the County in writing at any time prior to the opening. Proposers may withdraw their proposals in person or through an authorized representative. Proposers and authorized representatives must disclose their identity and provide a signed receipt for the proposal. Proposals, once opened, become the property of the County and will not be returned to the proposers. Upon opening, proposals become "public records" and shall be subject to public disclosure in accordance with Chapter 119, Florida Statutes. 4 '- ....., 1-11 ADDENDA If revisions become necessary, the County will provide written addenda to all proposers who receive the RFP. 1-12 EQUAL OPPORTUNITY The County recognizes fair and open competition as a basic tenet of public procurement and encourages participation by minority and women business enterprises. 1-13 INSURANCE The proposer, if awarded a contract, shall maintain insurance coverage reflecting the minimum amounts and conditions required by the County. 1-14 LOBBYIST DISCLOSURE REQUIREMENT Pursuant to Section 1-2-47 of the Code of Ordinances of St. Lucie County, Florida, any professional consultant who utilizes the services of a lobbyist as defined in Section 1-2-46 is required to make full disclosure with the Clerk of the Court prior or concurrently with the submission of a proposal to the County for the performance of any services for the County. Such disclosure shall include the following: A. The name of any lobbyist employed directly or indirectly by the consultant for the purpose of influencing or attempting to influence the selection of the professional consultant by the County. B. The name and address of the lobbyist. C. The length of such agreement, contract, or understanding, and the amount of any fee, gratuity, compensation, or consideration paid or promised to be paid to the lobbyist, either before or after hiring, whether or not same is set out as compensation for the lobbying or is for other services. The disclosure shall be filed with the Clerk on forms provided by the County and such records shall be open to the public. 1-15 PUBLIC ENTITY CRIMES Any person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the County, may not submit a bid on a contract to the County for the construction or repair of a building or public work, may not submit bids on leases of real property to the County, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under contract with the County, and may not transact business with the County in excess of $10,000.00 for a period of 36 months from the date of being placed on the convicted list. 5 '-' ..." The County will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in U.S.C. Section 1324a(e) [Section 274Age) of the Immigration and Nationality Act (UlNA")]. The County shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such a violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the County. 6 ~ '~ PART II STATEMENT OF WORK 2.1 SCOPE OF WORK A. INTRODUCTION With this Request For Proposal (RFP), St. Lucie County is soliciting proposals for the professional engineering services related to Dredging Projects in various locations throughout St. Lucie County. B. SCOPE OF SERVICES The exact scope of work under this contract will be determined during the life of the contract. Individual work projects will be identified and payment schedules will be negotiated at that time. These work projects may involve one or more of the following: The consultant will investigate dredging projects for the County and make recommendations for design, cost estimates, time schedules, prepare necessary reports and/or studies to identify the project scope and sediment characteristics, biological surveys to assist in obtaining permits, identify potential spoil disposal sites, and prepare the necessary design plans and permits to perform the work. This may include preparation of grant applications for securing funding, presentations, exhibits, public meetings, etc., to assist the County as needed. The consultant will perform the necessary field surveying, scientific and/or biological analysis as may be needed to design or permit the project. Services may include the work necessary to assist in purchasing property for spoil disposal sites. The consultant will prepare complete construction contract documents for bid advertisement and assist in recommendations for award of contract. The work may include management of the project during construction, and monitoring as required by permitting conditions, both during and after construction. 7 '--' ...", Part III INSTRUCTIONS FOR PREPARING PROPOSALS 3·1 RULES FOR PROPOSALS The proposal must name all persons or entities interested in the proposal as principals. The proposal must declare that it is made without collusion with any other person or entity submitting a proposal pursuant to this RFP. 3·2 PROPOSAL FORMAT Proposers shall prepare their proposals using the following format: A. Letter of Transmittal· This letter will summarize in a brief and concise statement of the proposer's qualifications. An official authorized to negotiate for the proposer must sign the Letter of Transmittal. The letters should not exceed one page in length. B. Location of Office where the work will be prepared and Key Personnel in that Office - The consultant may identify all of their offices, but location of the main office that will be responsible for the actual production of the work and the key personnel in that office that will be responsible for the completion of the work must be identified. C. Organization Profile and Qualifications - This section of the proposal must describe the proposer, including the size of the office responsible for the work activities. The proposer shall provide the County with the resumes of the primary individuals. The proposer must supply all proper Florida business license(s). D. References - This section of the proposal must include a list of at least ten (10) dredge design and/or evaluation projects the responsible office or individuals, identified in item #8, have completed within the past three (3) years. The list must include: 1. A brief description of the project. 2. Total bid price, contract time limit, and final construction cost and time. 3. Owner of project 4. The name and phone number of contract person 5. Date project was completed E. 254 & 255 Forms - F. Other Information - This section shall include samples of Inspection forms used by the field personnel, record keeping procedures, and any other information the proposer wishes to include. 8 ~ ..." Part IV EVALUATION OF PROPOSALS 4-1 EVALUATION METHOD AND CRITERIA A. General- The County shall be the sole judge of their own best interests, the proposal, and the resulting negotiated agreement. The County's decisions will be final. The County's evaluation criteria will include, but shall not be limited to, consideration of the following: 1. verification of availability of qualified personnel; 2. past performance records; 3. location of the firm; 4. experience; 5. past contracts with the County; 6. related experience in St. Lucie County; 7. interviews with references; and, B. Selection - The County shall evaluate the written proposals submitted by the firms regarding the proposed project. No less than four (4) firms will be ranked. The County may assign this task to a Consultants Competitive Negotiation Committee. C. Negotiations - After the County ranks the firms, County staff will take the proposed ranking to the Board of Commissioners for approval and permission to start negotiating with a set number of firm(s). After staff concludes negotiations with the firm(s) selected by the County, staff shall present the results of the negotiations to the Board of County Commissioners with its recommendation. If the Board of County Commissioners determines that the Staff is unable to negotiate a satisfactory contract with the firm or firms considered to be the most qualified at a price the County determine to be fair, competitive, and reasonable, negotiations with that firm or firms shall be formally terminated. Should the County be unable to negotiate a satisfactory contract with the selected firms, the County may select additional firms in order of their competence and qualification and continue negotiations until an agreement is reached. However, as stated in Paragraph 1-5 above, the County reserves the right to reject all proposals, to waive any irregularities and solicit and re-advertise for other proposals. 9 \. .Wt/, ITEM NO. C2b DATE: February 3, 2004 AGENDA REQUEST REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: (X) SUBMITTED BY (DEPT>: PUBLIC WORKS - ADMIN PRESENTED BY: (J~f!A- i-W~ Public Works Director TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Work Authorization No.2 with Taylor Engineering, Inc. for a Seagrass Survey at Fort Pierce Harbor. BACKGROUND: On Jan 13,2001 the County advertised a Request for Proposals (RFP) for Port Engineering Services. Two (2) firms were selected to provide port engineering services through continuing contracts, including Taylor Engineering and Han-Padron Associates. The scope of services for Port Engineering included environmental surveys and marine surveying for seagrass and marine habitat. Construction of Phase I of the Taylor Creek Restoration Dredging Project is planned for April of 2004. Public Works staff is recommending that we update the conditions of existing seagrasses around the entrance to Taylor Creek, prior to starting the dredging operations. The last seagrass survey of the entire Port area was performed in March, 2000. The attached proposal from Taylor Engineering, Inc., in the amount o(.f14,997.00 includes the services necessary to perform a seagrass survey to identify and map submerged aquatic vegetation or other submerged natural resources (oysters) along the western shoreline of Ft. Pierce Harbor. FUNDS AVAILABLE: Funds are available in account #-140001-4310-531000-46503, Port Berth Permit Professional Services. PREVIOUS ACTION: 2/22/00 - Approval of advertisement for Port Engineering Services RPF. Advertised Jan 13, 2001. 3/2000 - Completion of previous seagrass survey of the Ft. Pierce Harbor. 5/21/02 - Approval of short listing of firms for Port Engineering Services. 7/23/02 - Approval of continuing contract with Taylor Engineering, Inc. RECOMMENDATION: Public Works Staff recommends Board approval of Work Authorization No.:;2,... with Taylor Engineering, Inc. in the amount of $14,997.00 for a seagrass survey at Ft. Pierce Harbor, and authorization for signature by the Chairman. g as Anderson County Administrator COMMISSION ACTION: 11- APPROVED 0 DENIED o OTHER: Approved 5-0 - '"'" '-' ..."", Review and Approvals (J .' 181 Originating Dept: (Pub. Wks.) ~. 181 County Attorney: f /{ (~ 181 Purchasing: 0 Parks & Recreation: y16 181 Management and Budget: ~ ~ o Environmental Lands: 181 Finance: 111 V o Other Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight (48) hours prior to the meeting. it' ~ " ). '-'" ...., WORK AUTHORIZATION NO, 2 Engineering Services Related to Port Engineering Services C02-07-522 for Seagrass Survey of Ft. Pierce Harbor Pursuant to that certain Agreement Between County and Engineerfor Engineering Services (the "Agreement") between St. Lucie County (the "County") and Taylor Engineering, Inc. (the "Engineer") dated July 23,2002, the Engineer agrees to provide the additional Scope of Services described in Exhibit "A" and for the additional Compensation described in Exhibit "B". All services provided under this Work Authorization shall be completed according to the schedule described in Exhibit "C". IN WITNESS WHEREOF, the County has hereunto subscribed and the Engineer has affixed his, its, or their names, or name, on the dates below. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAI RMAN Date: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: ENGINEER BY: Print Name: Taylor Engineering, Inc. Date: Jan-Z6-Q4 11:26am Frcm-T~VlOR ENGINEERING INC 9041319847 T-aOI p 02/06 F-444 ~bitA ... '-' Scope of Services for Ft. Pierce Harbor Seagrass Survey Objective The objective of tbe proposed Ft. Pierce Harbor seagrass survey is to identify and map submerged and emergent aquatic vegetation (e.g., mangroves, salt 111arsh vegetation) Or other submerged natural resources (e.g., oysters) along the western sboreline of Ft. Pierce Harbor (Harbour Pointe). The survey does not include mapping any interior wetland vegetation. The study area is the same as that observed in a previous seagrass survey performed in 2000' for St. Lucie County. The study area begins about 1,100 ft inside of me mouth of Taylor Creek (south shoreline only) and fonows the shoreline southwardaround Harbour Pointe for a total distance of about 4,400 ft. We propose to conduct the seagrass sUtVey as soon as possible fol1owing notice to proceed. Accordingly, we anticipate conducting the field work early in 2004, before the April beginning of seagrass growth season. Since the survey wilt be conducted before tbe beginning of the seagrass growth season, it wi1l serve as a reconnaissance survey for planning pUIposes. Should St, Lucie COWlty elect to proceed with pemút applications for work in the project area, regulatory agencies wil11ikely require additional seagrass surveys. We proposed to complete the seagrass survey with the following tasks. Task 1. R.eview ExistiDg InformatioD We will review the 2000 seagrass survey report and high resolution aerial photographs taIœn in 2001 (or mol'e recent photographs if available trom St. Lucie County) obtain a preliminary estimate of seagrass distribution in the study area. We will also examine any seagrass distribution maps readily available ñom the Florida Department of Environmental Protection or South Florida Water Management DiStricL We wiJ) use this information to plan the field observations. Task 2. Field Observations We wiIl observe bottom characteTistics along shore-perpendicular transects spaced approximately 100 - 150 ft along the shoreline. We will detennine actual line spacina and number of transects based on our review of existing infonnation and on field observations during the survey. We will adjust line spacing to examine areas of historic or likely seagrass coverage. Eacb transect will begin at the shoreline or landward edge of any emergent aquatic vegetation and extend a distance of 300 it offshore or to approximatcly the eight feet below mean low water depth contour, whichever is first encountered, Observations in Taylor Creek will extend no further than the southern edge of the navigation channel. Free cüvers will make the Wlderwater observations. Where scagrasses or other aquatic vegetation are encountered, we will map the boundaries of the vegetAtion beds and note the general species composition and estimate spatial coverage. All transects and mapping wiii be iocat~ using a differentially corrected global , Sùbtnerged Lands Mapping, Ft. Pierce Harbour' Pointe Expa"sion. Phflle 1. Requestfor Additional In/ormation, BCI Enai~ers & Scienrists, Inc. March 2000. A-I Jan~¡S-04 11:Z6am From-TAYLOR ENGINEERING INC 904731984 T T-901 p 03/06 F-444 ~bitA ..... '-' positioning system (DGPS). As a reconnaissance survey, this scope of services does not include quadrat sampling and plant counts. T.sk 3. Report We will describe the seagrass survey in a written report. The repoIt wilt include description of the survey methods and results, figures showing sea grass and aquatic vegetation distribution, and tables listing spatial covenge. We will provide St. Lucie County with three hard copies of the report. A-2 Jan'"26-04 11 :Z6am From-TAYLOR ENGINEERING INC 9047319847 T-9OI P 04/06 F-444 .... '-' ...." Exhibit B TAYLOR ENGINEERING, INC. COST SUMMARY BY TASK P2004-00S: FT. PIERCE HARBOR SEAGRASS SURVEY TASK 1: Obtain & Review Existing Information l.abor Hours Cost Task Totals Vice President 1.000 130,00 Chief Engineer 1.000 119,00 Project Professional 2.000 158.00 Staff Professional 5.000 396,00 Staff Technician 2.000 86.00 Administrative Support 1,000 44,00 Total Man-Hours 13.000 Labor Cost 933,00 Total Task 1 933.00 TASK 2: Seagras$ Survey Labor Hours Cost Tasl< Totals Vice President 4.000 520.00 Chief Engineer 1.000 119,00 Project Professional 34.000 2,686.00 Staff Professional 40.000 2,640.00 Staff Technician 2.000 86.00 Administrative Support 2.000 88.00 Total Man-Hours 83.000 Labor Cost 6,139.00 Non-Labor Units Cost Boat Rental 3.0 750.00 Field Supplies 1.0 55.00 Total Non-Labor Cost 805.00 Totsl Task 2 6,944.00 Page 1 · . Jan-26-D4 11:27am , ... 9041319847 T -90 I p 05/06 '-' From-T4VLOR ENGINEERING INC ...., P2004-Ð05: FT. PIERCE HARBOR SEAGRASS SURVEY TASK 3: Report Labor Hours Cost Task Totals R. Bruce Taylor, Ph.D. 2,000 438,00 Vice President 6,000 780,00 Chief Engineer 2,000 23800 Project Professional 16,000 1,264.00 Staff Professional 48,000 3.168,00 Senior Editor 2.000 , 54,00 Senior Technician 4.000 288.00 Staff Technician 12.000 516.00 Administrative Support 6,000 264.00 Total Man-Hours 98.000 labor Cost 7,110.00 Non-Labor Units Cost Reproduction 100.0 10.00 Total Non-Labor Cost 10,00 Total Task 3 $ 7,120.00 Project Total S 14,997.00 Page 2 F-444 Exhibit B . Jan-26-04 11:27am Frcr'~\YLOR ENGINEERING INC "-' 9041318847 T-801 ~ 06/06 F-444 ....., . ' ~ lID ~ ¡; +<) C') CI) c ~ j ~~ .. ~ ~ ~... ii ñi CI) .. 5 :E e e 'D ~ Q) II ~ 1» W W D ~ CI) t:I N i . :I tI> V) ~ ~ '" ~ CI .n ~ iì :> 0 ~ 9~ I/) 0 1:5 l- V) ii E iii a:: .1/ E .!!. Ï ~ .l) ~ :I e ~ .f tI> CL ~ ~ UJ ~ ... ~ ~ ~ ~ uJ ß g: ~ :ï: 't! ~ ~ N N ~ III 0 ø 8 c c: 'C .. u.. § j 10. .... :IE 1:Í G1 !1 E- >- ~ ~ 8 g ." e ow 'a III III ~ "a 'C '0 "a g, IØ I() C '" ~ '5 - - B 0 :2 = !! :s "" 8' c: "5- g l- V) ct ~ 0 N :I:! W III ~ . ... ... fi I! i1:' CII j ðI c: :c '" .. ~ QI 2 ~ ~ U) Þ GI ~ c: ~ u. '~ II II) G1 .a .. ! a:: Ii: 0 1:: .. .. eo "a 8- ii: <II G1 jc:~ ,5 'ii ¡¡: E E a ._ 0. ¡¡: & ::> D::.=ftI E ~~ '" ftI ;iB '" z '" ... ,.¡ ... "" en ~ ~ .t .. "S .. :c g!;:! ::> III .. e .. ~~ '0 l- I-_ l- I- III ..~ "8 U) e N C') 11' I() ii.. ~ '~ Cþ elii Q,Q z -- if ,. ~ .....J ITEM NO. C2c DATE: 2/3/04 AGENDA REQUEST REGULAR: (X) PUBLIC HEARING: ( ) CONSENT: ( ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: .-ß~~~,W~ (Don West Public Works Director SUBMITTED BY (DEPT): PUBLIC WORKS - ADMIN SUBJECT: Engineering Services Contract with Dredging & Marine Consultants, Inc. (DMC) for preparation of bid specifications and documents for Taylor Creek Dredging Projects. BACKGROUND: St. Lucie County has been working since 1998 to prepare design plans and secure permits for the restoration dredging of Taylor Creek, adjacent to the Port of Fort Pierce. The County has secured permits for the dredging of Phase I of Taylor Creek, that will involve dredging the navigational channel between the FEC Railroad Bridge and the Intracoastal Waterway. The dredging will remove approximately 90,000 cubic yards of spoil material to a depth of 12.5 feet below mean low water. The dredged spoil material will be pumped to a self-contained temporary, bermed upland disposal site located on the Bell Property at the Port of Fort Pierce. The spoil material will be hauled from the Bell Property to the St. Lucie County Landfill on Glades Cut-oft Road. Currently, Public Works Staft is working with DMC Engineers to maintain consistency in the Project Design Engineer. Mr. Patel (formerly with BCI Engineers) is now working with DMC Engineers, and has been the Project Design Engineer since 1998. Involving new engineers in the Project at this late date would cost time and money in acquainting them with all of the complications of the Project. Public Works staft is recommending that we declare an emergency and contract with DMC Engineers to complete Phase I of the Taylor Creek Project. We do not have time to pursue an RFP process for selection of the Project Design Engineers. There is an urgent need to get this Project under construction by April of this year. To achieve an April start date, the Project must be advertised for bids now. Over $2 million dollars in state grant funds are at risk of being lost, if the Project does not stay on schedule. The attached proposal with DMC Engineers for preparation of bid documents will be reimbursed through a $50,000 grant with SJRWMD and $700,000.00 through SFWMD. FUNDS AVAILABLE: Funds are available in the St. Johns River Water Management District Grant fund for Taylor Creek Restoration Maintenance in account #_' 140126-4315-546350-4657, and Port Fund- for Taylor Creek Improvements-Imp oft Bldg-Consulting Engineers-140001-4315-563005-4657. PREVIOUS ACTION: 3/9/99: Approval of Work Authorization #11 with Williams, Hatfield & Stoner in the amount of 11,000 for preparation of FIND Grant. 5/4/99: Approval of Work Authorization #12 with Williams, Hatfield & Stoner in the amount of $25,220 for spoil site selection process. 2/15/00: Approval of Work Authorization #13 with Williams, Hatfield & Stoner in the amount of $86,900 " '-- ....... for sediment testing and analysis. 3/7/00: Approval of Work Authorization #14 with Williams, Hatfield & Stoner in the amount of $32,200 for a hydrogeologic study of the groundwater at the Seminole property. 5/1/01: Approval of Work Authorization #1 with BCI in the amount of $137,000 for design and permitting of Taylor Creek Project. 2/5/02: Approval of Work Authorization #2 with BCI in the amount of $33,050 for the Taylor Creek Restoration Dredging Project Shoreline Stabilization and Improvements Reach 2. 3/5/02: Approval of Work Authorization #3 with BCI Engineers, Inc. in the amount of $17,500 for cost analysis and grant application preparation and submittal to FIND and SJRWMD. 8/22/03: PO #2313380 for Arc Surveying for Hydrographic Survey in the amount of $18,500. 8/22/03: PO #2313388 for Elab for Analytical Services in the amount of $18,894.00. 8/22/03: PO # 2313379 for Scientific Environmental Services for Soil Sampling in the amount of $10,050.00. 9/30/03: PO #2313589 for Dredging & Marine Consultants, Inc. for Grant Coordination and Permit Finalization in the amount of $19,990.00. RECOMMENDATION: Publi c Works Staff recommends that the Board declare an emergency bid waiver of the RFP process for professional services, approval of the attached scope with DMC Engineers in the amount of $24,970.00 for preparation of bid specifications & documents for the Taylor Creek Dredging Project, and approval of the contract as prepared by the County Attorney. COMMISSION ACTION: ouglas Anderson County Administrator 11 APPROVED 0 DENIED o OTHER: Approved 5-0 1&1 Originating Dept: (Pub. WkS.¡' ¥- 1&1 County Attorney: 1&1 Purchasing: 0 Parks & Recreation: 1&1 Finance :fJ\J J. ß 0 Other Review and Approvals J (/y ".L¡ 1&1 Management and Budget: ~ o Environmental Lands: Anyone with a disability requiring accommodation to attend this meeting should contact the S1. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight (48) hours prior to the meeting. l " ~ ...."", Dredging & Marine ConS\Jtants DMC ENGINEERS · SCIENTISTS January 02,2004 DMC PN: 04-002-03 Mr. Donald 8. West, P. E. Director of Public Works St. Lucie County 2300 Virginia Ave, 2nd Floor, Annex Room 229 Ft. Pierce, FL 34982 RE: Taylor Creek Restoration Dredging Project: Bid Document Preparation, Contractor Selection and City Permitting; Scope of Services, Budget, and Schedule Dear Mr. West: Dredging & Marine Consultants, LLC (DMC) is pleased to submit this proposal with supporting exhibits for the above referenced project. We have attached the three exhibits; Exhibit A: Scope of Services, Exhibit 8: 8udget and Exhibit C: Schedule at your request. DMC is able to commence work immediately upon receipt of the County's Notice to Proceed. We look forward to working with you. Respectfully I D~rine Consultants, LLC Shailesh K. Patel, M.Sc., CPSSc. Project Manager Encl:3 A:04-002-03St.LucieCounty TaylorCreekDredging Bid Doc & Selection Proposal Coverltr01-02-04.doc 5889 Airport Road, Suite 1407 . Port Orange, FL 32128 . Phone: 386-304-6505 . Fax: 386-304-6506 www.dmces.com [ " ~ ~ ~ Exhibit A Scope of Services Project: Taylor Creek Restoration Dredging Project Bid Document Preparation, Contractor Selection and City Permitting Oient: St. Lucie County County Project Manager: Mr. Donald B. West, P.E. DMC Project Manager: Mr. Shailesh K. Patel, M.Sc., CPSSc. DMC Project Number: 04-002-03 Scope of Services Task 1: Technical Spec~fications & Bid Document Preparation: Dredging & Marine Consultants (DMC) will collaborate with the FDEPIUSACOE to incorporate in the technical specifications the various monitoring stipulations and schedules identified in the permits. The specifications will be written to enable contractor to bid the entire dredging project ftom actual sediment removal, to treatment and management at the site to final disposition of the material off-site to identified location(s). In addition, this task will involve coordinating efforts with others to provide a reproducible set of the drawings for bidding. DMC will coordinate with the County to prepare the entire ready-to-bid package. A review of 70% plans will be provided to the County for comments upon which the 100% final bid package will be prepared and forwarded to the County for the necessary reproduction. Ta...k 2: Contractor Selection: DMC will assist County with conducting a pre-bid meeting and responding to any contractor questions through the process of providing an addendum. This task will include evaluation of the Bids. The evaluation process will include preparation of questions for Contractor references, verifying references, verifying methodology and clarifying approach with Contractor, if needed, and providing a recommendation of the top two bids for consideration. Task 3: City Permit and Coordination/Meetings: This task will prepare and secure a City permit to site the Temporary Disposal Area and trucking routes. A meeting with the City ofFt. Pierce will be held to keep City staff informed of the project and offer City potential utilization of the Temporary Upland Area for their dredging project as well. In addition, a meeting will be held with FDOI's Contractor to coordinate efforts as a cost savings approach to this project. Four additional meetings with the County are included in this effort. A:04-002-03StLucieCounty TaylorCreekDredging BidDocs & Selection Scope ExhibitA 01-02-04 Dredging & Marine Consu~ants DMC ENGINEERS · SCIENTISTS -. \pr ..",. Exhibit B Budget Project: Taylor Creek Restoration Dredging Project; Bid Document Preparation, Contractor Selection, and City Permitting Client: St. Lucie County County Project Manager: Mr. Donald B. West, P .E. DMC Project Manager: Mr. Shailesh K. Patel, M.Sc., CPSSc. DMC Project Number: 04-002-03 Bud2et Task Description Cost ($) 1 Technical Specifications & Bid Preparation 11,510.00 2 Contractor Selection 4,500.00 3 City Permit & Coordination/Meetings 8,960.00 TOTAL 24,970.00 A: StLucieCounty TaylorCreekDredging BidDocs &. Selection Budget Exhibit B 01-02-04 Dredging & Marine Consu~ants DMC ENGINEERS · SCIENTISTS '" o.S! .., =' .- "C .Qm .- .c .cu ~U) ~ = c = 'ê G) D.. ~ Õ " c as c o ütš G) CD .-- ecZ 0. ~ .¡'ãf =0 CD1:: c Ü ~ ¡._ .- " ;> ... ,g'þ ai~ !S ".c 00 _. CI CD C.. C__ o C 0 ._ .... :¡:I.2 0 ! :!: ! 1ã ~(/)o o~ :&..:q ï! L::&3 B:e~&L:.. ~o.§"&~ CDëo;as.D !G)O:¡cE o E G) ... .:! Z:J ~ :J 'u U IG oU:JG)üü >. 0 ..J 'õ' CD G) CI 0 ....._ 'õ' t-"ù5D..e... ,¡.; m .. ~ D.. D.. U ëcoo 'Š' .! s:¡ :& ... ÕOOO D.. u (/) (/) D.. o .. . U W(/) a:=š c o :¡:I a. 'C U : o c o ;; ~ tV ~ Q. "C ã5 oð en ~ (/) -5 Q) ~ en C ¡ Q) g ~ ~ 8 CD oð (/) - 6 "ë õ CD ~ Q. - C o () co ..... ~ Q) I i ãí E -1iš tV Q) - - - ~ :§. Jg.Q B .- ::J ! E en c: .0 en 0 ::J C Q, en tV :J enQ.C: C _0 .2 tV .ò i;. ãí o-õ :J C 0.0 Cii ¡~,.... ~ Q) ~ II "0 ~1I8m II f'-.,.... II ~Q.a..w .."". ~ , o o :IS ~ IS ) Oð ~ JIl aI ~ I ï .... ~ :J o o .11 .3 I < C nsu~ants ~~MC Ð Rs . SCIENTISTS ENGINEE ,.~ /. ..,..¡ ITEM NO. C2d DATE: 2/3/04 AGENDA REQUEST REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: (~~~i'~ Public Works Director SUBMITTED BY (DEPT): PUBLIC WORKS - ADMIN SUBJECT: South Florida Water Management District (SFWMD) Grant for Paradise Park Stormwater Improvements in the amount of $500,000. BACKGROUND: St. Lucie is currently working to design stormwater improvements within the Paradise Park subdivision. A stormwater master plan has been completed, and design plans for Phase I improvements are underway. Five phases have been identified for needed improvements, with total construction costs estimated at $1,700,000. The attached Grant Contract with SFWMD provides $500,000 in construction funding for the Paradise Park subdivision. The grant requires a 50/50 match not to exceed $500,000 from the SFWMD with the County contribution totaling $563,789.00. Funds are budgeted in the amount of $330,000 in the 2004 Capital Stormwater Budget. The additional $233,789 will be budgeted in the 2005 Capital Budget. FUNDS AVAILABLE: Funds will be made available when construction contracts are available. PREVIOUS ACTION: 4/2/02 - Approval of Design Contract with PBS&J for Stormwater Master Plan and Phase I, in the amount of $150,000. RECOMMENDATION: Public Works Staff recommends approval of the attached Grant contract with SFWMD in the amount of $500,000 for Paradise Park Stormwater Improvements, and authorization for signature by the Chairman. ]I APPROVED o OTHER: o DENIED Approved 5-0 COMMISSION ACTION: o glas Anderson County Administrator Review and APp~aIS . 0';9'nol;n9 Oopt, ~bi ~..!~. · County AUo,"oy' ~ (~ 181 Purchasing: (""'Yf l' 0 Parks & Recreation: 181 Management and BUdget:~f1 o Environmental Lands: 181 Finance: o Other Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at (561) 462-1777 or TDD (561) 462-1428 at least forty-eight (48) hours prior to the meeting. 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O~UI Z'T mo( :Eo tit· " S:~ z " s::¡: z " s:g z " S:~ z " s:g z ...!! 0< -1m >0( r¡:a , v 0( Nm 0> 0" cocn " -i;o 00 -Ie.. >m ro -I "0 ,,» 0" c-- m~ ~õ - tD C'T CO( C:lO mW -I 00 <» m" ::u~ ~' . \ en -f o ::0 3: :E :Þ -f m ::0 C ëñ -f ::0 Õ -f ." ::0 o e- m o -f en en :-i ï c: (") m (") o ." c: "T1C:Z <~~ mom -«0 ~Õ> ::O::O~ 0::"\0 >en ." c " -m(") ~."o ï:ÞC: .,,::OZ ï-f~ >~(") Zzo -f3: 3: en en o Z m ::0 en £: ~ ,£ ~.;- c .., c: ;--f '.... -'1 ~~ ,- .', ;:::: 17' ".. o m , t . '-' -....I , . SOUTH FLORIDA WATER MANAGEMENT DISTRICT 3301 Gun Club Road, West Palm Beach, Florida 33406 . (561) 686-8800 . FL WATS 1-800-432-2045 . TDD (561) 697-2574 Mailing Address: P,O, Box 24680, West Palm Beach, FL 33416-4680 . www,sfwmd,gov ADM 28-06 January 22, 2004 Mr. Don West St. Lucie County 2300 Virginia Ave Fort Pierce FL 34982 Subject: Contract No. IA040690 Paradise Park, St. Lucie County Stormwater Improvements Dear Mr. West: Enclosed are two (2) copies of the subject agreement. Upon receipt, please forward written notification (email/facsimile) to the individual identified below indicating that the contract documents have been received and will be executed and returned to the District no later than the District's Governing Board meeting date of February 12, 2004. Include the date of the County Commission's Board meeting at which the document will be approved. Please have them signed and dated by an individual with signature authority on behalf of your organization. A fully signed agreement will be returned to you upon execution by the District. Note that this agreement is not binding on the parties until it is approved by the appropriate level of authority within the District and fully executed. The undersigned may be contacted by email at rgiroux@sfwmd.gov or by facsimile at 561-681- 6275." Sincerely, ~~~~~. Rupert Giroux Contract Specialist Procurement Department Enclosure .- i'..~,.,:',._."..:,.:,:..~<',,"......~~~~'l. : I'- ~....;;;.:.- .".- '\ ~ :\; ".: r- ,~ /. Y;. ¡ ~ 1, ~, I' , -,!. . n_J \ \ ~'-"''':''''c''-:~~:~ 'N~~~:J. i,'-''( I._.:.A:';~~ vl.O 1~' ...... _ _ ...'fid Ijm c: wI attachment Pamela Dostal, 6880 GOVERNING BOARD EXECUTIVE OFFICE Nicolãs J, Gutiérrez, Jr" Esq" Chair Pamela Brooks-Thomas, Vice-C/ltIir lrela M, Bagué Michael Collins Hugh M, English Lennart E. Lindahl, P,E. Kevin McCarty Harkley R Thornton Trudi K. Williams, PE Henry Dean, Exec!lfj¡,c Oil'ecf"r ----)""_.._---------.,......,.._-...---,...._..- ...,---------.,----.--....-.....................-----------.----.-.-.-,-....,..,---.-.,---.------- ."-' --_._-.._.._..__.__."------,....---...~~_..-----..,..--..---- b-RIGINAL SOUTH FLORIDA WATER MANAGEMENT DISTRICT AGREEMENT '-' THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT (hereinafter referred to as DISTRICT) HEREBY ENTERS INTO THIS AGREEMENT WITH: Name: ST. LUCIE COUNTY This number must appear on all Invoices and Correspondence IA040690 Address: 2300 Virginia Ave MBE PARTICIPATION: 0% Ft. Pierce, FL 34982 Project Manager: Don West Telephone No: (407) 462-1707 Fax No: () Hereinafter referred to as: COUNTY PROJECT TITLE: PARADISE PARK, ST. LUCIE COUNTY STORM WATER IMPROVEMENTS COST SHARING INFORMATION Total Project Cost: $ 1,063,789.00 COUNTY Contribution: $ 563,789.00 The following Exhibits are attached hereto and made a part of this AGREEMENT: Exhibit "B" - Not Applicable Exhibit "I" - Not Applicable Exhibit "]" - Not Applicable Exhibit "K" - Not Applicable Exhibit "L" - Not Applicable Exhibit "M" - Not Applicable Exhibit "A" - Special Provisions Exhibit "B" - General Terms and Conditions Exhibit "C" - Statement of Work Exhibit "D" - Payment and Deliverable Schedule Exhibit "E" - Not Applicable Exhibit "F" - Not Applicable Exhibit "G" - Not A licable TOTAL DISTRICT CONSIDERATION: $500,000.00 Multi-Year Funding (If Applicable) Fiscal Year: Fiscal Year: Fiscal Year: *Subject to District Governing Board Annual Budget Appronl AGREEMENT TERM: Two 2 Years District Project Manager: Pamela Dostal Telephone No: (772) 223-2600 Ext 3605 Fax No. (772) 223-2608 SUBMIT INVOICES AND NOTICES TO THE DISTRICT AT: AGREEMENT TYPE: Not-to-Exceed Fiscal Year: Fiscal Year: Fiscal Year: EFFECTIVE DATE: Last Date of Execution b the Parties District Contract Administrator: Rupert Giroux (561) 682-2532 Fax No.: (561) 681-6275 SUBMIT NOTICES TO THE COUNTY AT: ST. LUCIE COUNTY South Florida Water Management District 3301 Gun Club Road West Palm Beach, Florida 33406 Attention: Procurement Department 2300 Virginia Ave Ft. Pierce, FL 34982 Attention: Don West IN WITNESS WHEREOF, the authorized representative hereby executes this AGREEMENT on this date, and accepts alJ Terms and Conditions under which it is issued, ST. LUCIE COUNTY SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY ITS GOVERNING BOARD Accepted By: Accepted By: Signature of Authorized Representative Frank Hayden, Procurement Director Date: Date: Date: Title: 8 ~ ..J SOUTH FLORIDA WATER MANAGEMENT DISTRICT AGREEMENT EXHIBIT" A" SPECIAL PROVISIONS The purpose of this Exhibit "A" is to delineate any and an changes, deletions and/or additions to the Exhibit "B" General Tenns & Conditions. In the event of any conflict between this Exhibit "A" and any other provision specified in this A2feement, this Exhibit "A" shan take precedence. 1. A new Article 1.5 is hereby added as fonows: "The COUNTY shan submit quarterly progress reports to the DISTRICT throughout the tenn of this AGREEMENT. Any requests for changes to the Exhibit "C" Statement of Work shan be submitted by the COUNTY or the DISTRICT in writing to the other party for approval, and the COUNTY or the DISTRICT shall submit its comments/approval in writing within ten (l0) days afterreceipt of the request for change. The DISTRICT shan be responsible for initiating any amendments to this AGREEMENT, if required." 2. Article 2.4 is hereby deleted and replaced as follows: "The COUNTY shall submit quarterly financial statements to the DISTRICT providing a detailed accounting of all expenditures incurred hereunder throughout the tenn of this AGREEMENT. The COUNTY shall report and document the amount of funds expended per month during the quarterly reporting period and the AGREEMENT expenditures to date, The DISTRICT shall only be obligated to pay for a maximum not-to-exceed AGREEMENT funding limitation of $500,000.00. In no event shaH the DISTRICT be liable for any expenditures hereunder in excess of $500,000.00." 5. Article 7.1 is hereby modified to add the fonowing paragraph: "The COUNTY shall maintain books, records and documents directly pertinent to performance under this AGREEMENT as described above. The COUNTY shaH similarly require each subcontractor to maintain and allow access to such records for audit purposes." 7. Articles 7.3,7.4,7.5, and 8.7.1 are hereby deleted in their entirety. By: e of Counsel APprove~ _ . J Date: ßl/-D1 ate: ~~ Page 1 of 1, Exhibit "A", Agreement IA040690 e soÙYtI FLORIDA WATER MANAGEMENT~STRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS ARTICLE 1 - STATEMENT OF WORK 1.1 The COUNTY shall, to the satisfaction of the DISTRICT, fully and timely perform all work items described in the "Statement of Work," attached hereto as Exhibit "C" and made a part of this AGREEMENT. I ,2 As part of the services to be provided by the COUNTY under this AGREEMENT, the COUNTY shall substantiate, in whatever forum reasonably requested by the DISTRICT, the methodology, lab analytical examinations. scientific theories, data, reference materials, and research notes. The COUNTY shall also be required to substantiate any and all work completed, including but not limited to, work completed by subcontractors, assistants. models, concepts, analytical theories, computer programs and conclusions utilized as the basis for the final work product required by the AGREEMENT. This paragraph shall survive the expiration or termination of this AGREEMENT. 1.3 The parties agree that time is of the essence in the performance of each and every obligation under this AGREEMENT. 1.4 In the event COUNTY employees or hired workers are authorized by Exhibit "C" to perform services on-site at DISTRICT facilities. the COUNTY hereby agrees to be bound by all applicable DISTRICT policies and standards of conduct listed in Attachment I, "Contractor Policy Code Acknowledgement" to Exhibit "C" and shall require each individual performing such on-site work to execute the Attachment I form. It is the COUNTY's responsibility to advise its employees or hired workers of the nature of the project, as described in Exhibit "C". The COUNTY shall detennine the method, details and means of perfonning the services, within the parameters established by Exhibit "C". The DISTRICT shall provide additional guidance and instructions to COUNTY's employees or hired workers where necessary or appropriate as determined by the DISTRICT. ARTICLE 2 - COMPENSATION/ CONSIDERATION 2.1 The total consideration for all work required by the DISTRICT pursuant to this AGREEMENT shall not exceed the amount as indicated on the cover/signature page of this AGREEMENT. Such amount includes all expenses which the COUNTY may incur and therefore no additional consideration shall be authorized. 2.2 Notwithstanding the foregoing, the amount expended under this AGREEMENT shall be paid in accordance with, and subject to the multi-year funding allocations for each DISTRICT fiscal year indicated on the cover/signature page of this AGREEMENT. Funding for each applicable fiscal year of this AGREEMENT is subject to DISTRICT Governing Board budgetary appropriation. In the event the DISTRICT does not approve funding for any subsequent fiscal year, this AGREEMENT shall tenninate upon expenditure of the current funding, notwithstanding other provisions in this AGREEMENT to the contrary. The DISTRICT will notify the COUNTY in writing after the adoption of the final DISTRICT budget for each subsequent fiscal year if funding is not approved for this AGREEMENT. 2.3 The COUNTY assumes sole responsibility for all work which is performed pursuant to the Statement of Work, Exhibit "C". By providing funding hereunder, the DISTRICT does not make any warranty, guaranty, or any representation whatsoever regarding the correctness. accuracy, or reliability of any of the work performed hereunder, 2,4 The COUNTY by executing this AGREEMENT, certifies to truth-in-negotiation, specifically, that wage rates and other factual unit costs supporting the consideration are accurate, complete. and current at the time of contracting. The COUNTY agrees that the DISTRICT may adjust the consideration for this AGREEMENT to exclude any significant sums by which the consideration was increased due to inaccurate, incomplete. or non-current wage rates and other factual unit costs. Page 1 of 10. Exhibit "B" Contract File:\County.duc 01/09/04 ø soÙ'rtI FLORIDA WATER l\;IANAGEMENT'ØtSTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS The DISTRICT shall make any such adjustment within one (I) year following the expiration or termination of this AGREEMENT. ARTICLE 3 - INVOICING AND PROMPT PAYMENT 3.1 The COUNTY's invoices shall reference the DISTRICT's Contract Number and shall be sent to the DISTRICT's address specified on the cover/signature page of this AGREEMENT. The COUNTY shall not submit invoices to any other address at the DISTRICT. 3.2 The COUNTY shall submit the invoices on a completion of deliverable basis, pursuant to the schedule outlined in the Payment and Deliverable Schedule, attached hereto as Exhibit "D" and made a part of this AGREEMENT. In the event the schedule does not specify payment on a completion of deliverable basis, all invoices shall be substantiated by adequate supporting documentation to justify hours expended and expenses incurred within the not- to-exceed budget, including but not limited to, copies of approved timesheets, payment vouchers, expense reports (including approved travel costs, if applicable), receipts and subcontractor invoices. Any authorized travel shall be reimbursed in accordance with Chapter J 12, Florida Statutes. 3.3 It is the policy of the DISTRICT that payment for all goods and services shall be made in a timely manner and that interest payments are made on late payments. In accordance with Florida Statutes, Section 218.70, Florida Prompt Payment Act, a "proper" invoice is defined as an invoice that conforms to all statutory requirements and all DISTRICT requirements as specified in the AGREEMENT for invoice submission. The time at which payment shall be due from the DISTRICT shall be forty-tive (45) days from receipt of a proper invoice and acceptance of services and/or deliverables, based on compliance with the statutory requirements set forth in Section 218.70, FS. and upon satisfaction of the DISTRICT conditions as detailed in the AGREEMENT, Failure of the COUNTY to follow the instructions set forth in the AGREEMENT regarding a proper invoice and acceptable services and/or deliverables may result in an unavoidable delay in payment by the DISTRICT. All payments due from the DISTRICT for a proper invoice and acceptable services and/or deliverables and not made within the time specified in this section shall bear interest from thirty (30) days after the due date at the rate of one percent (1 %) per month on the unpaid balance. The COUNTY shall invoice the DISTRICT for payment of any accrued unpaid interest. Any disputes regarding invoice payments which cannot be resolved by the appropriate department of the DISTRICT shall be concluded by final written decision of the DISTRICT Leadership Team not later than sixty (60) days after the date on which the proper invoice was received by the DISTRICT. 3.4 Unless otherwise stated herein, the DISTRICT shall not pay for any obligation or expenditure made by the COUNTY prior to the commencement date of this AGREEMENT. ARTICLE 4 - PROJECT MANAGEMENT/ NOTICE 4,1 The parties shall direct all technical matters arising in connection with the performance of this AGREEMENT, other than invoices and notices, to the attention of the respective Project Managers specified on the cover/signature page of the AGREEMENT for attempted resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this AGREEMENT. The COUNTY shall direct all administrative matters, including invoices and notices, to the attention of the DISTRICT's Contract Specialist specified on the cover/signature page of the AGREEMENT. All formal notices between the parties under this AGREEMENT shall be in writing and shall be deemed recei ved if sent by certified mail. return receipt requested, to the respective addresses specitied on the cover/signature page of the AGREEMENT. The COUNTY shall also provide a copy of all notices to Page 2 of 10. Exhibit "B" Contract File:\County,doc 01/09/04 (8 SOðrH FLORIDA WATER MANAGEMENT~STRICT EXHIBIT "B" GENERAL TElL\1S AND CONDITIONS the DISTRICT's Project Manager. All notices required by this AGREEMENT shall be considered delivered upon receipt. Should either party change its address. written notice of such new address shall promptly be sent to the other party. All correspondence to the DISTRICT under this AGREEMENT shall reference the DISTRICT's Contract Number specified on the cover/signature page of the AGREEMENT. ARTICLE 5 - INSURANCE 5.1 The COUNTY assumes any and all risks of personal injury. bodily injury and property damage attributable to the negligent acts or omissions of the COUNTY and the officers. employees. servants. and agents thereof. The COUNTY warrants and represents that it is self-funded for Worker's compensation and liability insurance. covering at a minimum bodily injury. personal injury and property damage with protection being applicable to the COUNTY's officers. employees. servants and agents while acting within the scope of their employment during performance under this AGREEMENT. The COUNTY and the DISTRICT further agree that nothing contained herein shall be construed or interpreted as (I) denying to either party any remedy or defense available to such party under the laws of the State of Florida; (2) the consent of the State of Florida or its agents and agencies to be sued; or (3) a waiver of sovereign immunity of the State of Florida beyond the waiver provided in Section 768,28. Florida Statutes. 5.2 In the event the COUNTY subcontracts any part or all of the work hereunder to any third party. the COUNTY shall require each and every subcontractor to identify the DISTRICT as an additional insured on all insurance policies as required by the COUNTY. Any contract awarded by the COUNTY for work under this AGREEMENT shall include a provision whereby the COUNTY's subcontractor agrees to defend, indemnify. and pay on behalf. save and hold the DISTRICT harmless from all damages arising in connection with the COUNTY's subcontract. ARTICLE 6 - TERMINATIONIREMEDIES 6.1 It is the policy of the DISTRICT to encourage good business practices by requiring contractors to materially perform in accordance with the terms and conditions of the DISTRICT AGREEMENT. In accordance with DISTRICT Rule 40E-7. Part II. EA.C.. "material breach" is defined as any substantial. unexcused non- performance by failing to perform an act that is an important part of the transaction or performing an act inconsistent with the terms and conditions of the AGREEMENT. If the COUNTY materially fails to fulfill its obligations under this AGREEMENT. the DISTRICT will provide written notice of the deficiency by forwarding a Cure Notice citing the specific nature of the material breach, The COUNTY shall have thirty (30) days to cure the breach. If the COUNTY fails to cure the breach within the thirty (30) day period, the DISTRICT shall issue a Termination for Default Notice. Once the DISTRICT has notified the COUNTY that it has materially breached its contract with the DISTRICT. by sending a Termination for Default Notice. the DISTRICT's Governing Board shall determine whether the COUNTY should be suspended from doing future work with the DISTRICT, and if so. for what period of time. The DISTRICT's Governing Board will consider the factors detailed in Rule 40E- 7. Part II, EA.e. in making a determination as to whether a COUNTY should be suspended, and if so, for what period of time, Should the DISTRICT terminate for default in accordance with this provision. the DISTRICT shall be entitled to recover reprocurement costs in addition to all other remedies under law and/or equity. 6,2 The DISTRICT may terminate this AGREEMENT with or without cause at any time for convenience upon thirty (30) calendar days prior written notice to the COUNTY. The performance of work under this AGREEMENT may be terminated by the DISTRICT in accordance with this clause in whole. or from time to time in part, whenever the DISTRICT shall determine that such termination is in the best interest of the DISTRICT. Any such Page 3 of 10. Exhibit "B" Contract Fi le:\County.dm: 01/09/04 ~ vt:f sorMI FLORIDA WATER MANAGElVIENT'rfISTRICT EXHIBIT "B" GENERAL TERl\'IS AND CONDITIONS tennination shall be effected by delivery to the COUNTY of a Notice of Termination specifying the extent to which performance of work under the AGREEMENT is terminated. and the date upon which such tennination becomes effective. In the event of termination for convenience. the DISTRICT shall compensate the COUNTY for all authorized and accepted deliverables completed through the date of termination in accordance with Exhibit "C". Statement of Work. The DISTRICT shall be relieved of any and all future obligations hereunder. including but not limited to lost profits and consequential damages. under this AGREEMENT. The DISTRICT may withhold all payments to the COUNTY for such work until such time as the DISTRICT determines the exact amount due to the COUNTY. 6.3 In the event a dispute arises which the project managers cannot resolve between themselves. the parties shall have the option to submit to non-hinding mediation. The mediator or mediators shall be impartial. shall be selected by the parties. and the cost of the mediation shall be borne equally by the parties, The mediation process shall be confidential to the extent permitted by law, 6.4 The DISTRICT may order that all or part of the work stop if circumstances dictate that this action is in the DISTRICT's best interest. Such circumstances may include. but are not limited to. unexpected technical developments. direction given by the DISTRICT's Governing Board. a condition of immediate danger to DISTRICT employees. or the possibility of damage to equipment or property. This provision shall not shift responsibility for loss or damage. including but not limited to. lost profits or consequential damages sustained as a result of such delay. from the COUNTY to the DISTRICT. If this provision is invoked. the DISTRICT shall notify the COUNTY in writing to stop work as of a certain date and specify the reasons for the action. which shall not be arbitrary or capricious. The COUNTY shall then be obligated to suspend all work efforts as of the effective date of the notice and until further written direction from the DISTRICT is received. Upon resumption of work. if deemed appropriate by the DISTRICT. the DISTRICT shall initiate an amendment to this AGREEMENT to reflect any changes to Exhibit "C". Statement of Work and/or the project schedule. 6.5 The DISTRICT anticipates a total project cost as indicated on the cover/signature page. with the balance of matching funds and/or in-kind services to be obtained from the COUNTY in the amount as specified on the cover/signature page of this AGREEMENT. In the event such COUNTY matching funding and/or in-kind services becomes unavailable. that shall be good and sufficient cause for the DISTRICT to tenninate the AGREEMENT pursuant to Paragraph 6.2 above. ARTICLE 7 - RECORDS RETENTION/ OWNERSHIP 7,1 The COUNTY shall maintain records and the DISTRICT shall have inspection and audit rights as follows: A. Maintenance of Records: The COUNTY shall maintain all financial and non-financial records and reports directly or indirectly related to the negotiation or perfonnance of this AGREEMENT including supporting documentatiun fur any service rates. expenses. research or reports. Such records shall be maintained and made available for inspection for a period of five years from completing performance and receiving final payment under this AGREEMENT. B. Examination of Records: The DISTRICT or its designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this AGREEMENT. Such examination may be made only within five years from the date of final payment under this AGREEMENT and upon reasonable notice. time and place. C. Extended Availability of Records for Legal Disputes: In the event that the DISTRICT should become involved in a legal dispute with a third party arising from performance under this AGREEMENT. the COUNTY shall extend the period of maintenance for all records relating to the AGREEMENT until the final disposition of the legal dispute. and all such Page 4 of 10. Exhibit "B" Contral:t File:\County.doc 01/09/04 8··'·' . - ¡ . SOðrH FLORIDA WATER MANAGEMENT'rfISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS records shall be made readily available to the DISTRICT, 7,2 The DISTRICT shall retain exclusive title, copyright and other proprietary rights in all work items, including but not limited to, all documents. technical reports, research notes. scientific data, computer programs. including the source and object code, which are developed. created or otherwise originated hereunder by the COUNTY, its subcontractor(s), assign(s), agent(s) and/or successor(s) as required by the Exhibit "C". Statement of Work (the "Work"). In consideration for the DISTRICT entering into this AGREEMENT. and other good and valuable consideration the sufficiency and receipt in full of which is hereby acknowledged by the COUNTY. the COUNTY hereby assigns, transfers, sells and otherwise grants to the DISTRICT any and all rights it now has or may have in the Work (the "Grant"). This Grant shall be self-operative upon execution by the parties hereto, however the COUNTY agrees to execute and deliver to the DISTRICT any further assignments or other instruments necessary to evidence the Grant, without the payment of any additional consideration by the DISTRICT. The COUNTY may not disclose, use, license or sell any work developed. created. or otherwise originated hereundcr to any third party whatsoever. This paragraph shall survive the termination or expiration of this AGREEMENT. 7,3 The COUNTY represents and warrants that proprietary software, if any, to be provided to the DISTRICT by the COUNTY hereunder, as specifically identified in Exhibit "C", Statement of Work shall have been developed solely by or for the COUNTY, or lawfully acquired under license from a third party, including the right to sublicense such software. The COUNTY shall include copyright or proprietary legends in the software and on the label of the medium used to transmit the software. The COUNTY shall grant to the DISTRICT a perpetual, non-transferable, non-exclusive right to use the identified software without an additional fee. The DISTRICT acknowledges that title to the software identified in Exhibit "C" shall remain with the Licensor. 7.4 Any equipment purchased by the COUNTY with DISTRICT funding under this AGREEMENT shall be returned and title transferred from the COUNTY to the DISTRICT immediately upon termination or expiration of this AGREEMENT upon the written request of the DISTRICT not less than thirty (30) days prior to AGREEMENT expiration or termination. Equipment is hereby defined as any non-consumable items purchased by the DISTRICT with a value equal to or greater than $500.00 and with a normal expected life of one (1) year or more. The COUNTY will maintain any such equipment in good working condition while in its possession and will return the equipment to the DISTRICT in good condition. less normal wear and tear. The COUNTY will use its best efforts to safeguard the equipment throughout the period of performance of this AGREEMENT. However the DISTRICT will not hold the COUNTY liable for loss or damage due to causes beyond the COUNTY's reasonable control. In the event of loss or damage, the COUNTY shall notify the DISTRICT in writing within five (5) working days of such occurrence. 7.5 The DISTRICT has acquired the right to use certain software under license from third parties. For purposes of this AGREEMENT, the DISTRICT may permit the COUNTY access to certain third party owned software on DISTRICT computer systems. The COUNTY acknowledges the proprietary nature of such software and agrees not to reproduce, distribute or disclose such software to any third party. Use of or access to such software shall be restricted to designated DISTRICT owned systems or equipment. Removal of any copy of licensed software is prohibited. ARTICLE 8 - STANDARDS OF COMPLIANCE 8,1 The COUNTY. its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performance of this AGREEMENT. The DISTRICT undertakes no duty to ensure such compliance, but will attempt to advise the COUNTY, upon request. as to any such laws of which it has present knowledge. Page 5 of 10, Exhibit "B" Contract File:\County.doc 01109/04 ~ v;;[ SOðrH FLORIDA WATER MANAGEMENT'rfISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS 8.2 The COUNTY hereby assures that no person shall be discriminated against on the grounds of race, color. creed, national origin, handicap, age, or sex, in any activity under this AGREEMENT. The COUNTY shall take all measures necessary to effectuate these assurances. 8.3 The laws of the State of Florida shall govern all aspects of this AGREEMENT. In the event it is necessary for either party to initiate legal action regarding this AGREEMENT, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims which are justiciable in federal court. 8.4 The COUNTY, by its execution of this AGREEMENT. acknowledges and attests that neither it, nor any of its suppliers, subcontractors, or consultants who shall perform work which is intended to benefit the DISTRICT is a convicted vendor or has been placed on the discriminatory vendor list. If the COUNTY or any affiliate of the COUNTY has been convicted of a public entity crime or has been placed on the discriminatory vendor list, a period longer than 36 months has passed since that person was placed on the convicted vendor or discriminatory vendor list. The COUNTY further understands and accepts that this AGREEMENT shall be either void by the DISTRICT or subject to immediate termination by the DISTRICT, in the event there is any misrepresentation or lack of compliance with the mandates of Section 287.133 or Section 287.134. respectively, Florida Statutes. The DISTRICT, in the event of such termination, shall not incur any liability to the COUNTY for any work or materials furnished. 8.5 The COUNTY shall be responsible and liable for the payment of all of its FICA/Social Security and other applicable taxes resulting from this AGREEMENT. 8.6 The COUNTY warrants that it has not employed or retained any person, other than a bona fide employee working solely for the COUNTY, to solicit or secure this AGREEMENT. Further the COUNTY warrants that is has not paid or agreed to pay any person, other than a bona tide employee working solely for the COUNTY. any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the awarding or making of this AGREEMENT, For breach of this provision, the DISTRICT may terminate this AGREEMENT without liability and, at its discretion. deduct or otherwise recover the full amount of such fee, commission, percentage, gift, or other consideration. 8.7 The COUNTY shall allow public access to all project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the COUNTY assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law. shall be upon the COUNTY. 8.7.1 Pursuant to Sections 119.07(3)(0), and 240.241 Florida Statutes, data processing software obtained by an agency under a license AGREEMENT which prohibits its disclosure and which software is a trade secret, as dcfincd in Sections 812.081(c), Florida Statutes is exempt from the disclosure provisions of the Public Records law. However, the parties hereto agree that if a request is made of the DISTRICT, pursuant to Chapter 119, Florida Statute, for public disclosure of proprietary property being licensed to the COUNTY (Licensee) hereunder, the DISTRICT shall advise the COUNTY (Licensee) of such request and, as between the DISTRICT and the COUNTY (Licensee), it shall be the COUNTY's (Licensee's) sole burden and responsibility to immediately seek and obtain such injunctive or other relief from the Courts and to immediately serve notice of the same upon the Licensor to protect the Licensor's claimed exemption under the Statute. 8.8 The COUNTY shall make reasonable efforts to obtain any necessary federal, state, local, and other governmental approvals. as well as all necessary private authorizations and permits, prior to the commencement of performance of this AGREEMENT. A delay in obtaining permits shall not give rise to a claim by the COUNTY for additional compensation. If the COUNTY is unable to obtain all necessary permits in a timely manner, either party may elect to terminate this Page (i of 10, Exhihit "B" Contract File:\Coumy,duc 01/09/04 ~ 'QI SOUYH FLORIDA WATER MANAGEMENT1fISTRICT EXHIBIT "B" GENERAL TERl\'IS AND CONDITIONS AGREEMENT, each party to bear its own costs, notwithstanding other provisions of this AGREEMENT to the contrary. 8.9 Pursuant to Section 216.347, F.S.. the COUNTY is prohibited from the expenditure of any funds under this AGREEMENT to lobby the Legislature, the judicial branch or another state agency. 8.10 The DISTRICT is a governmental entity responsible for performing a public service and therefore has a legitimate interest in promoting the goals and objectives of the agency. The work under this AGREEMENT involves a project consistent with these goals and objectives. Consequently. the DISTRICT is desirous of satisfactorily completing and successfully promoting this project with the cooperation of its COUNTY. Therefore, as the DISTRICT'S COUNTY for this project, the COUNTY assures the DISTRICT that the COUNTY. its employees, subcontractors and assigns will refrain from acting adverse to the DISTRICT'S legitimate interest in promoting the goals and objectives of this project. The COUNTY agrees to take all reasonable measures necessary to effectuate these assurances. In the event the COUNTY determines it is unable to meet or promote the goals and objectives of the project, it shall have the duty to immediately notify the DISTRICT. Upon such notitication the DISTRICT, in its discretion, may terminate this AGREEMENT. ARTICLE 9 . RELATIONSHIP BETWEEN THE PARTIES 9.1 The COUNTY shall be considered an independent contractor and neither party shall be considered an employee or agent of the other party. Nothing in this AGREEMENT shall be interpreted to establish any relationship other than that of independent contractor between the parties and their respective employees, agents, subcontractors, or assigns during or after the performance on this AGREEMENT. Both parties are free to enter into contracts with other parties for similar services. 9,2 In the event that the COUNTY is providing staff who will be working on-site at DISTRICT facilities, it is further understood that the COUNTY shall be the employer of the staff provided pursuant to the AGREEMENT for all purposes under state and federal law and that the COUNTY's staff shall not be eligible for any benefit programs the DISTRICT offers to its employees. All benefits available to the COUNTY's staff shall be exclusively provided by the COUNTY or by the COUNTY's employee. The COUNTY is solely responsible for compliance with all labor and tax laws pertaining to officers, agents and COUNTY employees and shall indemnify and hold the DISTRICT harmless from any failure by the COUNTY to comply with such laws. The COUNTY's duties with respect to such personnel shall include, but are not limited to, the following: 9.2.1 Billing, collection, payroll services and tax withholding. and any other related services 9.2.2 Providing insurance coverage pursuant to Article 5 of this AGREEMENT. 9.2.3 Providing any and all employment benefits, including, but not limited to, annual leave. sick leave, paid holidays, health insurance, retirement benefits and disability insurance. 9.2.4 Complying with the Fair Labor Standards Act, 29 U.s.C. 201, et.seq., including payment of overtime in accordance with the Act. 9.2.5 Providing employee trammg for all activitiés necessary for job performance, except those functions that are unique to the DISTRICT, in which event, the DISTRICT, in its sole judgment and discretion, may provide training. 9.3 It is the intent and understanding of the Parties that this AGREEMENT is solely for the benefit of the COUNTY and the DISTRICT. No person or entity other than the COUNTY or the DISTRICT shall have any rights or privileges under this AGREEMENT in any capacity whatsoever, either as third-party beneticiary or otherwise. 9.4 The COUNTY shall not assign, delegate, or otherwise transfer its rights and obligations as set forth Page 7 of 10. Exhibit "8" Contract Fi IdCounty .dL>c 01/09/04 (8 SOth'H FLORIDA WATER MANAGEMENT'rfISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS in this AGREEMENT without the prior written consent of the DISTRICT. Any attempted assignment in violation of this provision shall be void, 9.5 The COUNTY shall not pledge the DISTRICT's credit or make the DISTRICT a guarantor of payment or surety for any AGREEMENT, debt, obligation. judgement, lien, or any form of indebtedness. 9,6 The DISTRICT assumes no duty with regard to the supervision of the COUNTY and the COUNTY shall remain solely responsible for compliance with all safety requirements and for the safety of all persons and property at the site of AGREEMENT performance. ARTICLE 10 - MBE PARTICIPATION 10,1 The COUNTY hereby acknowledges that no Minority Business Enterprises (MBE) participation level has been established for this AGREEMENT; however, both parties agree to provide the other advance notice of competitive contracts that may result from this AGREEMENT along with timelines for public notice and award of such contracts. In the event subsequent competitive contract awards do result in MBE participation. such participation shall be reported to the other party. Both the COUNTY and the DISTRICT will ensure compliance with the provisions of their respective program. laws. ordinances and policies and will support the other's initiatives to the extent allowed by law, ARTICLE 11 . GENERAL PROVISIONS 11,1 Notwithstanding any provIsIons of this AGREEMENT to the contrary. the parties shall not be held liable for any failure or delay in the performance of this AGREEMENT that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of Government, riots, civil commotion, force majeure, act of God, or for any other cause of the same character which is unavoidable through the exercise of due care and beyond the control of the parties. Failure to perform shall be excused during the continuance of such circumstances, but this AGREEMENT shall otherwise remain in effect. This provision shall not apply if the "Statement of Work" of this AGREEMENT specifies that performance by COUNTY is specifically required during the occurrence of any of the events herein mentioned. 11.2 Any inconsistency in this AGREEMENT shall be resolved by giving precedence in the following order: (a) Exhibit "A" Special Provisions. if applicable (b) Exhibit "8" General Terms and Conditions (c) Exhibit "C" Statement of Work (d) all other exhibits, attachments and documents specifically incorporated herein by reference 11.3 Failures or waivers to InSISt on strict performance of any covenant, condition, or provision of this AGREEMENT by the parties, their successors and assigns shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other party from performing any subsequent obligations strictly in accordance with the terms of this AGREEMENT. No waiver shall be effective unless in writing and signed by the party against whom enforcement is sought. Such waiver shall be limited to provisions of this AGREEMENT specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise, 11.4 Should any term or provision of this AGREEMENT be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law. or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this AGREEMENT, to the extent that the AGREEMENT shall remain operable, enforceable and in full force and effect to the extent permitted by law. 11.5 This AGREEMENT may be amended only with the written approval of the parties hereto. 11.6 This AGREEMENT states the entire under- standing and AGREEMENT between the parties and supersedes any and all written or oral representations. statements, negotiations. or contracts previously existing between the parties with respect to the subject matter of this AGREEMENT. The COUNTY Page 8 of 10. Exhibit "8" Contract File:\County.doc 01109/04 SOU¥H FLORIDA WATER l\'IANAGEMENT'11ÍSTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS recognizes that any representations, statements or negotiations made by DISTRICT staff do not suffice to legally bind the DISTRICT in a contractual relationship unless they have been reduced to writing and signed by an authorized DISTRICT representative, This AGREEMENT shall inure to the benefit of and shall be binding upon the parties. their respective assigns. and successors in interest. ARTICLE 12 - SAFETY REQUIREMENTS 12.1 The COUNTY shall require appropriate personal protective equipment in all operations where there is exposure to hazardous conditions. 12.2 The COUNTY shall instruct employees required to handle or use toxic materials or other harmful substances regarding their safe handling and use. including instruction on the potential hazards, personal hygiene and required personal protective measures, A Material Safety Data Sheet (MSDS) shall be provided by the COUNTY to the DISTRJCT on each chemical product used. 12.3 The COUNTY shall comply with the standards and regulations set forth by the Occupational Safety and Health Administration (OSHA), the Florida Department of Labor and Employment Security and all other appropriate federal, state, local or DISTRICT safety and health standards, 12.4 It is the COUNTY's sole duty to provide safe and healthful working conditions to its employees and those of the DISTRICT on and about the site of AGREEMENT performance. 12.5 The COUNTY shall initiate and maintain an accident prevention program which shall include, but shall not be limited to, establishing and supervising programs for the education and training of employees in the recognition. avoidance. and prevention of unsafe conditions and acts. 12.6 The COUNTY shall erect and maintain. as required by existing conditions and performance of the AGREEMENT. reasonable safeguards for safety and protection, induding posting of danger signs and other warnings, against hazards. 12.7 The COUNTY shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage. injury, or loss to: 12.7.1 employees on the work and other persons who may be affected thereby; including pedestrians. visitors. or traveling public; 12.7.2 the work. materials. and equipment to be incorporated therein; whether in storage on or off the site. under care, custody or control of the COUNTY. or the COUNTY's subcontractors; and 12.7.3 other properties at the site or adjacent thereto; such as trees. shrubs. lawns. walks. utilities, pavement. roadways. structures. building. vehicles. and equipment not designated for removal, relocation or replacement in the course of work. 12.8 The COUNTY shall provide first aid services and medical care to its employees. 12.9 The COUNTY shall develop and maintain an effective fire protection and prevention procedures and good housekeeping practices on the work site throughout the AGREEMENT. 12.10 Emergencies: In emergency affecting safety of persons or property on or about the site or as a result of the work; the COUNTY shall act. timely and with due diligence. to prevent threatened damage. injury. or loss. 12.11 Environmental: When the COUNTY, COUNTY's contractors. or subcontractors, use petroleum products, hazardous chemicals. or any other chemicals used on or about the site. the COUNTY shall be responsible for handling these chemical constituents in accordance with federal, state and local regulations during the terms of the AGREEMENT. For accidental discharges or releases onto the floor. air, ground, surface waters, ground waters, it shall be the COUNTY's sole responsibility to respond immediately to clean the site. at his expense, to the complete satisfaction of federal. state, local regulatory agencies and to the DISTRICT requirements. Page C) of 10, Exhibit "8" Contract FiIe:\County.doc 01/09/04 SOiJ'f'H FLORIDA WATER MANAGEMENT~ISTRICT EXHIBIT liB" GENERAL TERMS AND CONDITIONS 12,12 The DISTRICT may order the COUNTY to halt operations under the AGREEMENT. at the COUNTY's expense. if a condition of immediate danger to the public and/or DISTRICT employees. equipment. or property exist. This provision shall not shift the responsibility or risk of loss for injuries or damage sustained from the COUNTY to the DISTRICT; and the COUNTY shall remain solely responsible for compliance with all federal. state and local safety requirements. provisions of this section, and safety of all persons and property on or about the site. Page IO of 10, Exhibit "B" Contract File:\County.doc 01/09/04 '-' """ EXHIBIT "C" Statement of Work Project Title: Paradise Park, 51. Lucie County 5tormwater Improvements A. Introduction/Background The 168.1 acre Paradise Park subdivision of St. Lucie County is located between two drainage canals: South Florida Water Management District (SFWMD) Canal 25 and Fort Pierce Farms Water Control District (FPFWCD) Canal 1. The Paradise Park subdivision was developed in t~e 1960's before State water quality regulations were developed. The area therefore has poor stormwater conveyances and a lack of stormwater treatment areas. Given this, stormwater from this area outfalls directly to the two above noted canals during rain events. Both of these canals discharge into the Indian River Lagoon by means of Taylor Creek. The water quality of the runoff from Paradise Park is poor and contains debris, sediment, and contaminants such as oil, grease, and fertilizers. It should also be noted this area is served by aging and failing septic systems that could leach into the storm water during rain events. The area also has unpaved dirt roads that drastically increase suspended sediment within the runoff. This runoff, during heavy rain events, is deposited into St. Lucie County's natural surface water bodies, most notably the Indian River Lagoon. These pollutants can be very detrimental to the health of the area's natural resources. Sediment deposits can damage sea grasses, thereby affecting the entire estuarine habitat. Fertilizers and septic system discharge are a catalyst for accelerated algal and other vegetative growth that deplete vital oxygen supplies. The freshwater outfall also results in increased water color. The Indian River Lagoon SWIM Plan - 2002 Update indicates "Light is a major factor controlling the depth distribution of sea grass in the South IRL. Preliminary results indicate that color and turbidity are the primary factors in the South IRL that affect the amount of light reaching the Lagoon bottom. Most of the increased color and turbidity in the South IRL are being delivered with high flows of fresh water discharge, which in turn reduce salinity in the Lagoon. Therefore, reducing fresh water flows to the South IRL will increase average salinities and reduce turbidity, color, and light attenuation." The Paradise Park project includes the division of the 168.1 acres into five geographical areas or phases. The total estimated cost for the Paradise Park stormwater improvements is $2,567,643. Of this total cost, St. Lucie County has already spent approximately $150,000 for the development of a master plan for the project and design of phase 1. The cost of this specific part of the project, for which $500,000 in grant funds are being requested, is $1,063,789. St. Lucie County will contribute $563,789 of the $1,063,789 amount. B. Objectives The objective of this project is to design and construct a stormwater detention and treatment system. The Indian River Lagoon has been identified as a priority surface water body by State and Federal environmental agencies. This water body is extremely important to the physical, environmental and economic well being of St. Lucie County residents. This project will notably reduce the environmental impact of the Paradise Park area on the Indian River Lagoon by utilizing structural best management practices to reduce storm water outfall into the Lagoon. The system is designed to treat 75% of one-inch runoff volume of the entire 168.1-acre stormwater basin in the Page I 0£2. Exhibit "C". Agreement IA040690 , . '-' ..., dry detention ponds. With treatment that is additionally provided through the swales, the system will treat greater than 1-inch runoff volume. The system is further designed for the 1 O-year/24-hour storm event, which is 6.3 inches of rain. c. Scope of Work Highest priority is being placed on land acquisition given that failure to acquire specified land parcels will affect project design within various phases. The scope of work for this specific part of the project is to acquire required land for four phases of the project and to construct phase 1 of the project for which design will soon be completed. The property for the fifth phase is located in the Florida Department of Transportation right-of-way and does not require property acquisition. Construction items will include drainage swales along the subdivision's streets for pretreatment and conveyance to storm water detention and treatment facilities, storm water runoff treatment facilities, including dry detention ponds and associated hydraulic control structures, and control structures for discharge of treated runoff to the C-25 and Ft. Pierce Canals. D. Work Breakdown Structure Task 1 land Acquisition 8t.Lucie County to acquire necessary property within four phases of Paradise Park in order to construct swales and detention ponds. Deliverable: Documentation reflecting land ownership by 81. Lucie County. Task 2 Construction 81. Lucie County to construct swale and detention pond in Phase 1 of the project. Deliverable: Copy of payment to construction contractor Page 2 of 2, Exhibit "C", Agreement IA040690 , .. '-' .., EXHIBIT "D" PAYMENT AND DELlVERABLES SCHEDULE Total payment by the DISTRICT shall not exceed the amount of $500,000.00. All invoices shall be accompanied by adequate documentation to support actual expenditures incurred by St. Lucie County within the not-to-exceed amounts specified below in accordance with article 3.2 of the Agreement. Payment by the DISTRICT is further subject to receipt of documentation demonstrating completion of each task in accordance with Exhibit "C", Statement of Work requirements. Task ~ompletion date * i SFWMD Not-to-Exceedl County Funding I ' i ¡ Fundin2 i Task 1 i i Submit documentation 1 Y2 years I $476,000.00 $536,800.00 of land ownership I , i Task 2 Submit construction 1 Y2 years after $24,000.00 $26,989.00 contract and contract documentation of acceptance payment to construction contractor for ohase 1 * All dates are referenced from the date of execution of this Agreement and are estimated. Page I of I, Exhibit "D", Agreement IA040690 .........- ~ "'WI RESOLUTION NO. 04-35 WHEREAS, subsequent to the adoption of the budget for the St. Lucie County Board of County Commissioners, certain funds not anticipated at the time of adoption have become available from the Florida Department of Transportation in the form of a Joint Participation Agreement for the purpose of continuing security coverage at the St. Lucie County Airport. WHEREAS, Section 129.06 (d), Florida Statutes, requires the St. Lucie County Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 3rd day of February, 2004, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2003-2004, and the budget for the St. Lucie County Board of County Commissioners is hereby amended as follows: REVENUES 140330-4220-334411-400 Florida Department of Transportation $57,375 APPROPRIATIONS 140330-4220-563005-400 Imp OIT Bldg - Consulting Eng. $57,375 After motion and second the vote on this resolution was as follows: Commissioner Paula A. Lewis, Chairperson Commissioner John D. Bruhn, Vice Chairperson Commissioner Doug Coward Commissioner Frannie Hutchinson Commissioner CliffBames xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 3rd DAY OF February, 2004. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY \~ \" '.' -- ~ ~ "wi AGENDA REQUEST ITEM NO. C-3-A REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] PRESENTED BY: TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Airport SUBJECT: Security Coverage Budget Resolution Paul Phillips BACKGROUND: St. Lucie County International Airport is a general aviation (GA) airport that has difficulty increasing security during heightened security alert levels. The airport has worked diligently to install security fence around the perimeter. However, this fence is currently not complete and provides many opportunities for compromising the airport's security. During periods of heightened security alert to the orange level, the airport hires a sheriff's deputy to patrol the airport after hours. If the heightened security alert is raised to the red level, then the airport hires a sheriff's deputy to patrol the airport twenty-four hours a day. Recently, the security alert level was raised to Orange and as a result, the airport used the sheriff's deputy at a rate of$25 per hour. This agenda request provides for the budget resolution to cover any future alert level changes. FUNDS A V All...ABLE IN ACCT#: No matching funds necessary. PREVIOUS ACTION: In June 2003, the Board accepted the FDOT JPA. RECOMMENDATION: Staff recommends that the Board approve the Budget Resolution No. 04-35 for the Florida Department of Transportation (FDOT) Joint Participation Agreement (JP A) $57,375 grant for security coverage at St. Lucie County International Airport. COMMISSION ACTION: DGAPPROVED [ ]DENIED Approved 5-0 [ ]OTHER: /' Reviews & Approvals rYf countyAttorneY~. ~ OMB~, m¡r{b¡ Purchasing Originating Dept: Other: Other: Finance: (Check op only, if applicable) '-' ......, RESOLUTION NO. 04-49 A RESOLUTION ACCEPTING THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT (FIN. PROJ. NO. 236716-4- 94-01) FOR SECURITY COVERAGE AND SECURITY FENCING AT THE ST. LUCIE COUNTY INTERNATIONAL AIRPORT AND AUTHORIZING THE CHAIRPERSON TO EXECUTE THE AGREEMENT AND FURTHER AUTHORIZING THE COUNTY ATTORNEY TO EXECUTE THE AGREEMENT BY APPROVING IT AS TO FORM AND CORRECTNESS WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Florida Department of Transportation has awarded the County funding for Security Coverage and Security Fencing at the St. Lucie County International Airport (Fin. Proj. No. 236716-4-94-01). 2. The Board should authorize and approve execution of the Public Transportation Supplemental Joint Participation Agreement with the State of Florida Department of Public Transportation for the above-referenced project. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The Board hereby accepts and approves the Public Transportation Supplemental Joint Participation Agreement with the State of Florida (Fin. Proj. No. 236716-4-94-01) to provide funding for security coverage and security fencing at the St. Lucie County International Airport. 2. The Board hereby authorizes the Chairperson to execute the above-referenced agreement and further authorizes the County Attorney to execute the agreement by approving it as to form and correctness. After motion and second, the vote on this resolution was as follows: 1 '-' """"" Chairperson Paula Lewis Vice-Chair Frannie Hutchinson Commissioner Cliff Bames Commissioner Doug Coward Commissioner John D. Bruhn xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED this 3rd day of February, 2004. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRPERSON .. APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY 2 \.r' ..."I Financial Project No.: 23671649401 (item-segment·phase-sequence) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT Number 1 Fund: OS 725-030.()7 PUBLIC TRANSPORT AnON 07102 PaRe 1 015 Contract No.: AL952 Federal No.: FLAIR Approp.: 088719 FLAIR Obj.: 750004 Org. Code: 55042010428 Vendor No.: VF596000835030 Catalog of State Financial Assistance Number: 55004 Function: 637 Catalog of Federal Domestic Assistance Number: THIS AGREEMENT, made and entered into this day of . by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and S1. Lucie County Board of County Commissioners hereinafter referred to as Agency. WITNESSETH: WHEREAS, the Department and the Agency heretofore on the 27th entered into a Joint Participation Agreement; and WHEREAS, the Agency desires to accomplish certain project items as outlined in the Attachment "A" appended "", hereto; and day of June 2003 WHEREAS, the Department desires to participate in all eligible items for this project as outlined in Attachment nA" for a total Department Share of $117,375.00 NOW, THEREFORE THIS INDENTURE WITNESSETH: that for and in consideration of the mutual benefits to flow from each to the other, the parties hereto agree that the above described Joint Participation Agreement is to be amended and supplemented as follows: 1.00 Project Description: The project description is amended Security Coverage and Security Fencing '-' 2.00 Project Cost: Paragraph 3.00 of said Agreement Is increased by $ bringing the revised total cost of the project to $ 117,375.00 Paragraph 4.00 of said Agreement is increased by $ bringing the Department's revised total cost of the project to $ ....." 725-030-07 PUBLIC TRANSPORTATION 07/02 PaQe 2 of 5 60,000.00 3.00 Amended Exhibits: Exhibit(s) B 4.00 Contract Time: Paragraph 18.00 of said Agreement Not Applicable 60,000.00 117,375.00 of said Agreement is amended by Attachment PAP. ~' ~f ...,I 725-030-07 PUBLIC TRANSPORTATION 07102 PaRe 3 of 5 Financial Project No. 23671649401 Contract No. AL952 Agreement Date Except as hereby modified, amended or changed, all other terms of said Agreement dated June 27th, 2003 and any subsequent supplements shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. AGENCY FOOT S1. Lucie County Board of County Commissioners AGENCY NAME See attached Encumbrance Form for date of Funding Approval by Comptroller SIGNATORY (PRINTED OR TYPED) '" LEGAL REVIEW DEPARTMENT OF TRANSPORTATION SIGNATURE DEPARTMENT OF TRANSPORTATION TITLE TITLE "-" '....,¡ Financial Project No. 23671649401 Contract No. AL952 725-030-07 PUBLIC TRANSPORTATION 07/02 PaQe 4 of 5 Agreement Date ATTACHMENT "An SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT This Attachment forms an integral part of that certain Supplemental Joint Participation Agreement between the State of Florida, Department of Transportation and S1. Lucie County Board of County Commissioners dated DESCRIPTION OF SUPPLEMENT (Include justification for cost change): additional funding needed to close gaps in airport fencing. I. Project Cost: As Approved As Amended ,. $57,375.00 $117,375.00 $57,375.00 $117,375.00 As Approved As Amended $57,375.00 $117,375.00 Total Project Cost I. Fund Participation: Department: Agency: Other: Total Project Cost $57,375.00 $117,375.00 Comments: ** Funding limits and activities are provided in accordance with Senate Bill 48-B (attached). Net Change $60,000.00 $60,000.00 Net Change $60,000.00 $0.00 $0.00 $60,000.00 ~ , ,. .W' '-'" FL LEGIS 2001-349 200\ Fla. Sess. Law Serv. Cn. 200\-349 (S.B. 48-B) (WEST) FLORIDA 2001 SESSION LAW SERVICE ~venteenth Legùlature, Spe<:la\ 'B' Session 'Page 3 Copr. © West Group 2001. All rights rèserved. Additions aTe indicated by «+ Text +»; deletions by <<- Text -». Changes in tables are made but not highlighted. Chapter 2001-349 S.B. No. 48-B AIRPORTS AND LANDING FIELDS--NOISE AND NOISE POlLUTION-ECONO}.ÆlC ASSISTANCE ,An act relating to airports, amending s. 332.007, F.S.; providing economic assistance to aitports; pro'.iding for noise mitigation for certain airports~ requ~g certain notice to the Legislature; providing an cffective date. Be It Enàcted by the Legislature of the State of Florida: -. , Section 1. Subsectipn (8) is added to section 332.007, Florida Statutes, to Tead: , «FL ST § 332.007» 332.007. Administration and.financing of aviation and airport programs and projects; state plan «+(8) Notwithstanding any other provision of law to the contrary, the,ç1èpartmcnt is authorized to pro:vide operational and maintenance àssistance to publicly owned public-use airports. .such assistance shall be to comply with enhanced federal ~urity requirements or to addrC;SS re\atedeoonomic impacts fi'om the events of September 11. 2001. For projects in the current adopted work program, or prðjects added using the aV8.11able bµdget of the department.' airports may request the department change the project purpose in accordance with this provision notwithstanding the provisions cf s. 3,39.135(7). For purposes of this subsection, the department may fund up to 100 percent of eligible project costs that are not funded by the federal government Prior to releaSing any funds. under this section, the. department shall review and approve the expendituie plans submitted by the airport. The department shall inf9o:n the Legislature of any , change that it approves tmder this subsection. This subseCtion shalt C>.'Pire on June 30. 2003 .+» «FL S1 § 332.13» Section 2. [FNl] «+An.y multicounty airport authority created as an independent special district which is subject to a dcve10pmcnt-of-regional- impact development order and which has conducted a noise study in accordance 'with 14 C.F.R. Part 150 shall, îi1 fiscal year 2002. establish a noise- mitigation-projcctfund in an amount ofS7.5 millioo,.which shall be increased by another $~.S million in ñscal year 2004. The moneys in the project fund shall be segregated and expended by the airport authority by DeCembei- 31. 2006, to the extent necessary to comply with development-order commitmcn~ to acquire property from'or otherwise mitigate property owners adversely affected by the development of regional -impact If moneys are 110t expended for such p~es by December 31, 2006. the airport authority shall not thereafter amend its developmcnt-of-regional-impact development order or commence development of airport infrastructure improvements authorized by such development order until such funds are 'fully expended for such purposes. +» [FNl] Tentative assignment as § 332.13 Section 3. This act shåU take effect upon becoming a law. Approved by'the Governor November 16, 200 t. Copr: C West 2002 No Claim to Ori~ U.~. Govt. Wocks '- ~ ;II )~'11 AGENDA REQUEST ITEM NO. C-3-B DATE: February 3, 2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] PRESENTED BY: TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Airport Paul Phillips SUBJECT: Accept grant for security coverage at St. Lucie County International Airport. BACKGROUND: St. Lucie County International Airport is a general aviation (GA) airport that has difficulty increasing security during heightened security alert levels. The airport has worked diligently to install security fence around the perimeter. However, this fence is currently not complete and provides many opportunities for compromising the airport's security. This grant from the Florida Department of Transportation (FDOT) will provides for an additional $60,000 of funds to install security fencing at the airport. This is a 100% grant from FDOT and will require no matching funds from the airport. FUNDS AVAILABLE IN ACCT#: No matching funds necessary. PREVIOUS ACTION: N/A. RECOMMENDATION: Staff recommends that the Board accept the Florida Department of Transportation (FDOT) Joint Participation Agreement (JP A), and authorize the Chairman to execute the supplemental JP A and Resolution 04-49, authorizing the Chairman to sign the agreement, and accept the FDOT $60,000 supplemental grant for security coverage at St. Lucie County International Airport. COMMISSION ACTION: MAPPROVED [ ]DENIED [ ]OTHER: Approved 5-0 Reviews & Approvals County Attorney: Originating Dept· Finance:(Check:6 r C py OMB V IfA V\A M f1,urchasing Other~Ôther: , if applicable) ,~ '-" ....., RESOLUTION NO. 04-50 A RESOLUTION ACCEPTING THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT (FIN. PROJ. NO. 415213-1-94-01) TO CONDUCT A COST-BENEFIT ANALYSIS FOR THE ST. LUCIE COUNTY INTERNATIONAL AIRPORT AND AUTHORIZING THE CHAIRPERSON TO EXECUTE THE AGREEMENT AND FURTHER AUTHORIZING THE COUNTY ATTORNEY TO EXECUTE THE AGREEMENT BY APPROVING IT AS TO FORM AND CORRECTNESS WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The Florida Department of Transportation has awarded the County funding to Conduct a Cost-Benefit Analysis for the St. Lucie County International Airport (Fin. Proj. No. 415213-1- 94-01). 2. The Board should authorize and approve execution ofthe Public Transportation Joint Participation Agreement with the State of Florida Department of Public Transportation for the above-referenced project. .. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The Board hereby accepts and approves the Public Transportation Joint Participation Agreement with the State of Florida (Fin. Proj. No. 415213-1-94-01) to provide funding for the rehabilitation of airfield lighting at the St. Lucie County International Airport. 2. The Board hereby authorizes the Chairperson to execute the above-referenced agreement and further authorizes the County Attorney to execute the agreement by approving it as to form and correctness. After motion and second, the vote on this resolution was as follows: 1 '-' "" Chairperson Paula Lewis Vice-Chairperson Frannie Hutchinson Commissioner Cliff Bames Commissioner Doug Coward Commissioner John D. Bruhn xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED this 3rd day of February, 2004. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRPERSON APPROVED AS TO FORM AND CORRECTNESS: .. COUNTY ATTORNEY 2 ;" / '-' .~ STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION JOINT PARTICIPATION AGREEMENT 725-030-06 PUBLIC TRANSPORTATION 06103 Pa¡¡e 1 of 12 Financial Project No.: 41521319401 (item-segment-phase-sequence ) Fund: OS Function: 637 FLAIR Approp.: 088719 FLAIR Obj.: 750004 Org. Code: 55042010428 Vendor No.: VF596000835030 Catalog of State Financial Assistance Number: 55004 Contract No.: Federal No.: Catalog of Federal Domestic Assistance Number: THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and S1. Lucie County Board of County Commissioners hereinafter referred to as Agency. WITNESSETH: WHEREAS. the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under 332.006 (6) Florida Statutes, to enter into this Agreemeñ1. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is Conduct Cost-Benefit Analysis and as further described in Exhibit(s) A, B, &C attached hereto and by this reference made a part hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. '-" ....,; 725-030-06 PUBLIC TRANSPORTATION 06103 Palle 2 of 12 2.00 Accomplishment of the Project 2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit "An attached hereto and by this reference made a part hereof, with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. 2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessaÏy with respect to any such matters so requisite. 2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project. 2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts and other documents relating to the project as the Department may require as listed in Exhibit "C" attached hereto and by this reference made a part hereof. 3.00 Project Cost: The total estimated cost of the project is $ 166,666.00 . This amount is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof. The Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved. 4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in the project in the amount of $ 8.333.00 as detailed in Exhibit "B", or in an amount equal to the percentage(s) of total project cost shown in Exhibit 1I'B", whichever is less. 4.10 Project Cost Eligibility: Project costs eligible for State participation will be allowed only from the effective date of this agreement. It is understood that State participation in eligible project costs is subject to: (a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; (b) Availability of funds as stated in paragraph 17.00 of this Agreement; (c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; (d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation autt'ority becomes available. 4.20 Front End Funding: Front end funding 0 is (!) is not applicable. If applicable, the Department may initially pay 100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown in paragraph 4.00. 5.00 Retainage: Retainage 0 is (!) is not applicable. If applicable, percent of the Department's total share of participation as shown in paragraph 4.00 is to be held in retainage to be disbursed, at the Department's discretion, on or before the completion of the final project audit. '-" ...", 725-030-06 PUBLIC TRANSPORTATION 06103 PaRI! 3 of 12 6.00 Project Budget and Payment Provisions: 6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department. The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall be effective unless it complies with fund participation requirements established in paragraph 4.00 of this Agreement and is approved by the Department Comptroller. 6.20 Payment Provisions: Unless otherwise allowed under paragraph 4.20, payment will begin in the year the project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice. 7.00 Accounting Records: 7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in conformity with requirements established by Department's program guidelines/procedures and "Principles for State and Local Governments", separate accounts to be maintained within its existing accounting system or establish independent accounts. Such accounts are referred to herein collectively as the "project account". Documentation of the project account shall be made available to the Department upon request any time during the period of the Agreement and for three years after final payment is made. 7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the project account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation, all payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the project, which Department payments and other funds are herein collectively referred to as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for the deposit of project funds by the Department, by"the deposit or setting aside of collateral of the types and in the manner as prescribed by State Law for the security of public funds, or as approved by the Department. 7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved budget or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 7.40 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of the charges. 7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which is or will be chargeable against the project account will be drawn only in accordanêe with a properly signed voucher then on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such documents. 7.60 Audit Reports: In addition to the requirements below, the Agency agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department, including but not limited to site visits and limited scope audits. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the State Comptroller or Auditor General. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of three years from the date the audit report is issued, and shall allow the Department access to such records and working papers upon request. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency inspector general, the Auditor General, or any other state official. '-' ~ 125-030-06 PUBLIC TRANSPORTATION 06103 PaRe 4 of 12 7.61 Federal Audit: In the event the Agency expends a total of $300,000 or more in Federal awards in its fiscal . year, the Agency must have a single or program-specific audit conducted in accordance with the provisions of OMS Circular A-133. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding Federal agency. If the Agency expends less than $300,000, this audit is not required and if the Agency elects to have an audit conducted in accordance with the provisions of OMS Circular A-133, the cost of the audit must be paid from non-Federal funds. The Agency agrees to allow the Department or an independent auditor of the Department, the State Comptroller, and the Auditor General access to the Agency's records and financial statements as may be necessary for complying with the requirements of 31 U.S.C. 7501 et seq. Pursuant to OMS Circular A-133, Subpart C, .320(d), the Agency shall provide a copy of the reporting package and any management letters to the Department, or copies of audit reports for audits conducted in accordance with OMS Circular A-133, to the Department and to: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 7.62 State Audit: In the event that the Agency expends a total of $300,000 or more in State awards in its fiscal year, the Agency must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes and the applicable rules of the Executive Office of the Governor, the State Comptroller, and the Auditor General. In determining the State awards expended in its fiscal year, the Agency shall consider all sources of State awards except State awards received for Federal program matching requirements which shall be excluded from consideration. State awards will be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the awarding State agency. If the Agency expends less than $300,000, this audit is not required and if the Agency elects to have an audit conducted in accordance with the provisions of Section 215.97, F.S., the cost of the audit must be paid from non-State funds. The Agency agrees to allow the Department, the State Comptroller, and the Auditor General access to records and independent auditor's working papers, as necessary for complying with the requirements of Section 215.97, F.S. The Agency shall provide annual financial reporting package of audits prepared in accordance with Section 215.97, F.S., and applicable Rules of the Auditor General to the Department and to: State of Florida Auditor General Room 574, Claude Pepper Suilding 111 West Madison Street Tallahassee, Florida 32302-1450 7.63 Other Requirements: If an audit discloses any significant audit findings relating to any award, including material noncompliance with individual project compliance requirements or reportable conditions in internal controls of the Agency, the Agency shall submit as part of the audit package to the Department a plan for corrective action to eliminate such audit findings or a statement describing the reasons that corrective action is not necessary. The Agency shall take timely and appropriate corrective action to any audit findings, recommendations, and corrective action plans. '-' """" 725-030-06 PUBLIC TRANSPORTATION 06103 Palle 5 of 12 7.70 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has , and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its interest in the lost equipment or facility. In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the Department may waive or modify this section with an Exhibit "C". 8.00 Requisitions and Payments: 8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Department of Transportation, District 4 Public Transportation Office 3400 West Commercial Boulevard ,FL, 33309 its requisition on a form or forms prescribed by the Department, and any other data pertaining to the project account (as defined in paragraph 7.10 hereof) to justify and support the payment requisitions. 8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S. The Department may establish rates lower than the maximum provided in Chapter 112.061, F.S. For real property acquired, submit; the date the Agency acquired the real property, a statement by the Agency certifying that the Agency has acquired said real property, and actual consideration paid for real property. a statement by the Agen<!y certifying that the appraisal and acquisition of the real property together with any attendant relocation of occupants was accomplished in compliance with all federal laws, rules and procedures required by any federal oversight agency and with all state laws, rules and procedures that may apply to the Agency acquiring the real property. 8.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment on the project if: 8.13 (1 ) (2) (3) 8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data furnished therewith or pursuant hereto; , 8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments to the project; 8.23 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this agreement, requires the approval of the Department or has made related expenditures or incurred related obligations without having been advised by the Department that same are approved; 8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or 8.25 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance to the project suspends or terminates federal financial assistance to the project. In the event of suspension or termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs. ~ ...,; 725-030-06 PUBLIC TRANSPORTATION 06103 Pa!ll!6of12 8.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest - approved budget for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this agreement, the Department may offset such amount from payments due for work or services done under any public transportation joint participation agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting amounts shall not be considered a breach of contract by the Department. 9.00 Termination or Suspension of Project: 9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues the project; or if, by reason of any of the events or conditions set forth in paragraphs 8.21 to 8.26 inclusive, or for any other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable, infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate any or all of its obligations under this Agreement. 9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs; and (3) remit \P the Department such portion of the financing and any advance payment previously received as is determined by the Department to be due under the provisions of the Agreement. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency or the closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F .5. and made or received in conjunction with this Agreement. 10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the Agency shall remit to the Department its share of any unexpended balance in the project account. 11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records and accounts pertaining to the financing and development of the project. 12.00 Contracts of the Agency: 12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. '-' ~ 725-030-06 PUBLIC TRANSPORTATION 06103 PaRe 7 of 12 12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Chapter 287, F.S., Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attomey shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. 12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 12.31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined in 49 CFR Part 26, as amended, shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of 49 CFR Part 26, as amended, apply to this Agreement. 12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in 49 CFR Part 26, as amended, have the maximum opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients, and contractors shall take all necessary and reasonable steps in accordance with 49 CFR Part 26, as amended, to ensure that the Disadvantaged Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. 13.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant Jar employment because of race, age, creed, color, sex or national origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development or operation of the project, except contracts for standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 13.20 Title VI - Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d, et. seq.), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. 13.30 Title VIII- Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968, 42 USC 3601,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national origin, creed, sex, and age. 13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement constitutes a certification that the Agency will comply with all the requirements imposed by the ADA (42 U.S.C. 12102, et. seq.), the regulations of the federal government issued thereunder, and the assurance by the Agency pursuant thereto. 725-030-00 PUBLIC TRANSPORTATION 06103 PaRe 8 of 12 13.50 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract, or arrangement in connection with the project or any property included or planned to be included in the project, in which any member, officer, or employee of the Agency during his tenure or for two years thereafter has any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily acquires or had acquired prior to the beginning of his tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency with prior approval of the Department, may waive the prohibition contained in this subsection: Provided, that any such present member, officer or employee shall not participate in any action by the Agency relating to such contract, subcontract, or arrangement. The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision: '-' ...,J "No member, officer, or employee of the Agency during his tenure or for two years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency. 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 14.00 Miscellaneous Provisions: 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the Agency that the project will be carried out in conformance with all applicable environmental regulations including the securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the Department for any loss incurred in connection ther~with. 14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 14.30 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist, on the part of the Agency, and the making of such payment by the Department while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. '-' ...., 725-030-06 PUBLIC TRANSPORTATION 06103 PaRe 9 of 12 14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the project facilities and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of such facilities and equipment as determined in accordance with general accounting principles and approved by the Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the useful1ife of said facilities or equipment. 14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories and develop control systems as required by 49 CFR Part 18, when applicable. 14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment during its useful life for any purpose except its replacement with like facility or equipment for public transportation use, the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment as provided in this Agreement. 14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Agency, its agents, or employees, during the performance of the Agreement, except that neither the Agency, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement. When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of services required under this Agreement, the Department will immediately forward the claim to the Agency. The Agency and the Department will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the Agency in the defense of the claim or to require that the Agency defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by Agency. The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim aUrial, that party is responsible for all expenses at trial. 15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency written approval with any approved portions of the project and comments or recommendations concerning any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided in paragraph 8.23. 16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the final invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intended purpose. '-" ....I 725-030-06 PUBLIC TRANSPORTATION 06103 Pa¡¡e 10 of 12 17.00 Appropriation of Funds: 17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. 17.20 Multi-Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Chapter 339.135(6)(a), F.S., are hereby incorporated: "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of 25,000 dollars and which have a term for a period of more than 1 year." 18.00 Expiration of Agreement: The Agency agrees to complete the project on or before Januarv 30th. 2006 . If the Agency does not complete the project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the District Secretary. District 4 . Expiration of this Agreement will be considered termination of the project and the procedure established in paragraph 9.00 of this Agreement shall be initiated. 18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid. ". 19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 21.00 Restrictions on Lobbying: 21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influ~nce any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress. or an employee of a Member of Congress in connection with this Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. '-" ~ 725-03Q-06 PUBLIC TRANSPORT AnON 06103 PaRe 11 of 12 21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. 22.00 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), F.S. will be due and payable, in addition to the invoice amount to the Agency. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of vendor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (850)410-9724 or by calling the Department of Financial Services Hotline, 1-800-848-3792. 23.00 Public Entity Crime: Pursuant to 287.133(3)(a) F.S. the following is applicable to this agreement. 287.133(2)(a) "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to pJOvide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, F.S. for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. n 24.00 Discrimination: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. '" ..",.; 725-030-06 PUBLIC TRANSPORTATION 06103 PaRe 12 of 12 Financial Project No. Contract No. 41521319401 Agreement Date IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. AGENCY FDQT AGENCY NAME See attached Encumbrance Form for date of Funding Approval by Comptroller SIGNATORY (PRINTED OR TYPED) '" LEGAL REVIEW DEPARTMENT OF TRANSPORTATION SIGNATURE DEPARTMENT OF TRANSPORTATION TITLE Director of Planning and Production TITLE '-' ~ Fin. Proj. No.: 415213-1-94-01 Contract No.: Agreement Date: EXHIBIT "An PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and PROJECT LOCATION: St. Lucie County International Airport PROJECT DESCRIPTION: Conduct Cost-Benefit Analysis SPECIAL CONSIDERATIONS BY AGENCY: The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project assistance that will reflect the Department's contract number, Financial Project Number and the Federalldentificatioo number, where applicable and the amount of state funding action (receipt and disbursement of funds) and any federal or local funding action and the funding action frorTi any other source with respect to the project. The plans and specifications review required in paragraph 15.00 of the Agreement shall include an Engineer Certification and compliance with Department requirements as outlined in Exhibit "C". SPECIAL CONSIDERATIONS BY DEPARTMENT: N/A ....., ......, Fin. Proj. No.: 415213-1-94-01 Contract No.: Agreement Date: EXHIBIT "B" PROJECT BUDGET This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie County Board of County Commissioners TOTAL PROJECT COST: $166,666 PARTICIPATION: Federal Participation: FAA, FT A, UMT A, etc. 90.00% $150,000 Agency Participation: In·Kind Cash 5.00% $8,333 Other .. Maximum Department Participation: Primary (OS) (DDR) (DIM) (PORT) Federal Reimbursable (DU) (FRA) (OFT A) Local Reimbursable (DL) 5.00% $8,333 $0 TOTAL PROJECT COST: $166,666 "'" ....,¡ Fin. Proj. No:415213-1-94-01 Contract No.: Agreement Date: EXHIBIT "C" AVIATION PROGRAM ASSURANCES This exhibit forms an integral part of the Joint Participation Agreement between the State of Florida, Department of Transportation and St. Lucie County Board of County Commissioners A. General 1. Duration: The terms, conditions, and assurances of the Agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date that the Agreement is executed. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with state funds. w 2. Obligation: The Agency shall honor these assurances for the duration of this Agreement. If the Agency takes any action that is not consistent with these assurances, the full amount of this Agreement will immediately become due and payable to the Florida Department of Transportation. B. General Assurances The Agency hereby assures that: 1. Good Title: It holds good title, satisfactory to the Department, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Department that good title will be acquired. 2. Preserving Rights and Powers: a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in the Agreement without the written approval of the Department, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the Agency. This shall be done in a manner acceptable to the Department. b. If an arrangement is made for management and operation of the airport by any agency or person other than the Agency or an employee of the Agency, the Agency will reserve sufficient rights and authority to ensure that the airport will be operated and maintained according to applicable federal and state laws, regulations, and rules. 3. Hazard Removal & Mitigation: It will clear and protect terminal airspace required for instrument and visual operations at the airport (including established minimum flight altitudes) by removing, lowering, Joint Participation Agreement (JPA) Exhibit C Page 1 .. .~. ...", relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 4. Compatible land Use: It will take appropriate action to ensure local government adoption of airport zoning ordinances that comply with Chapter 333, F.S. The ordinances shall address height restrictions and other potential aviation hazards and limitations on incompatible land uses in the vicinity of the airport. The vicinity of the airport includes all areas that will be affected by normal aircraft operations and noise. The Agency assures that it will take appropriate action to oppose and/or disapprove any attempted change in local land use regulations that would adversely affect the continued level of airport operations by the creation or expansion of incompatible land use areas. The Agency assures that it will provide the Department with a copy of all local airport zoning ordinances, codes, rules, regulations, and amendments, including proposed and granted variances thereto. 5. Consistency with local Plans: It will take appropriate actions to have the current airport master plan adopted into the local government comprehensive plan at the earliest feasible opportunity. 6. Airport layout Plan: a. It will keep a layout plan of the airport up to date showing: (1) Boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the Agency for airport purposes and proposed additions thereto; (2) Location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars, and roads), including all proposed extensions and reductions of existing airport facilities; and '" (3) Location of all existing and proposed non-aviation areas and of all existing improvements thereon. b. Such airport layout plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Department. The Agency will not make or permit any changes or alterations in the airport or any of its facilities that are not in conformity with the airport layout plan as approved by the Department and which might, in the opinion of the Department, adversely affect the safety, utility, or efficiency of the airport. 7. Fee and Rental Structure: It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport taking into account such factors as the volume of traffic and economy of collection. If this Agreement results in a facility that will be leased or otherwise produces revenue, thé Agency assures that the revenue will be at fair market value or higher. 8. Airport Revenue: That all revenue generated by the airport will be expended for capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property, or for environmental or noise mitigation purposes on or off the airport. 9. Financial Plan: It will develop and maintain a cost-feasible financial plan to accomplish the projects necessary to achieve the proposed airport improvements depicted in the airport layout plan. The financial plan shall be a part of the airport master plan. The financial plan shall realistically assess project phasing considering availability of state funding and local funding and the likelihood of federal funding under the Federal Aviation Administration's priority system. All project cost estimates contained in the financial plan Joint Participation Agreement (JPA) Exhibit C Page 2 , ......., ....", shall be entered in the Joint Automated Capital Improvement Program (JACIP) Online Web site. The JACIP Online information shall be kept current as the financial plan is updated. 10. Operation & Maintenance: The airport and all facilities which are necessary to serve the aeronautical users of the airport, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable federal and state agencies for maintenance and operation. The Agency assures that it will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. Any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the Department. The Agency will have arrangements for promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when flooding or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the Agency. 11. Economic Nondiscrimination: It will make the airport avail.able as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds, and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. 12. Exclusive Rights: It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. 13. Federal Funding Eligibility: It will take appropriate actions to maintain federal funding eligibility for the airport. Further, it will avoid any action that renders the airport ineligible for federal funding. 14. Termination of Agreement: It will make expenditures or incur obligations pertaining to this Agreement within two years after the date of this Agreement or the Department of Transportation may terminate this Agreement. The Agency mafrequest a one-year extension of this two-year time period. The District Secretary shall have approval authority. 15. Retention of Rights and Interests: It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which state funds have been expended, for the duration of the terms, conditions, and assurances in the Agreement without approval by the Department. 16. Consultant, Contractor, Scope, and Cost Approval: It will grant the Department the right to disapprove the Agency's employment of specific consultants, contractors, and subcontractors for all or any part of this project if the specific consultants, contractors, or subcontractors have a record of poor project performance with the Department. Further, the Agency assures that it will grant the Department the right to disapprove the proposed project scope and cost of professional services. C. Planning Projects If this project involves planning or other aviation studies, the Agency assures that it will: 1. Project Scope: Execute the project in accordance with the approved project narrative or with approved modifications. 2. Reports: Furnish the Department with such periodic project and work activity reports as required. 3. Public Information: Make such material available for examination by the public. No material prepared under this Agreement shall be subject to copyright in the United States or any other country. Joint Participation Agreement (JPA) Exhibit C Page 3 ~ .. ...... ...., 4. Disclosure: Grant the Department unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this Agreement. 5. Department Guidelines: Comply with Department airport master planning guidelines if the project involves airport master planning or developing an airport layout plan. This includes: a. Providing copies, in electronic and editable format, of final project materials to the Department. This includes computer-aided drafting (CAD) files of the airport layout plan. b. Developing a cost-feasible financial plan, approved by the Department, to accomplish the projects described in the airport master plan or depicted in the airport layout plan. The cost- feasible financial plan shall realistically assess project phasing considering availability of state and local funding and the likelihood of federal funding under the Federal Aviation Administration's priority system. c. Entering all projects contained in the cost-feasible plan out to twenty years in the Joint Automated Capital Improvement Program (JACIP) database. 6. No Implied Commitments: Understand and agree that Department approval of this project Agreement or any planning material developed as part of this Agreement does not constitute or imply any assurance or commitment on the part of the Department to approve any pending or future application for state aviation funding. D. Land Acquisition Projects If this project involves land purchase, the Agency assures that it will: 1. Applicable Laws: Acquire the land jnterest in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; the National Environmental Policy of 1969; FAA Order 5100.37A; FAA Order 5050.4A.; chapters 73 and 74, F.S., when property is acquired through condemnation; and section 286.23, F.S. 2. Administration: Maintain direct control of project administration, including: a. Maintaining responsibility for all contract letting and administrative procedures necessary for the acquisition of the land interests. b. Securing written permission from the Department to execute each agreement with any third party. c. Furnishing a projected schedule of events and a cash flow projection within twenty (20) calendar days after completion of the review appraisal. d. Establishing a project account for purchase of land interests. e. Collecting and disbursing federal, state, and local project funds. 3. Loans: Comply with the following requirements if the funding conveyed by this Agreement is a loan for land purchase according to Chapter 332, F.S.: a. The Agency shall apply for a Federal Aviation Administration Airport Improvement Program grant for the land purchase within 60 days of executing this Agreement. b. If federal funds are received for the land purchase, the Agency shall notify the Department by U.S. Mail within 14 calendar days of receiving the federal funds and is responsible for Joint Participation Agreement (JPA) Exhibit C Page 4 · . .:' 'w' ...."" reimbursing the Department within 30 calendar days to achieve normal project federal, state, and local funding shares as described in Chapter 332, F.S. c. If federal funds are not received for the land purchase, the Agency shall reimburse the Department to achieve normal project state and local funding shares as described in Chapter 332, F.S., within 30 calendar days after the loan matures. d. If federal funds are not received for the land purchase and the state funding share of the land purchase is less than or equal to normal state and local funding shares as described in Chapter 332, F.S., when the loan matures, no reimbursement to the Department shall be required. 4. New Airports: a. Protect the airport and related airspace by ensuring local government adoption of an airport zoning ordinance or amending an existing airport zoning ordinance, consistent with the provisions of Chapter 333, F.S., prior to the completion of the project. b. Apply for federal and state funding to construct a paved runway, associated aircraft parking apron, and connecting taxiway within one year of the date of land purchase. c. Complete an airport master plan within two years of land purchase. d. Complete construction necessary for basic airport operation within ten years of land purchase. 5. Airfield Access: The Agency will not grant or allow easement or access that opens onto or crosses the airport runways, taxiways, flight line, passenger facilities, or any area used for emergency equipment, fuel, supplies, passengers, mail and freight, radar, communications, utilities, and landing systems, including but not limited to flight operations, ground services, emergency services, terminal facilities, maintenance, repair, or storage. ,. 6. Use of Land: The Agency shall use the land for aviation purposes in accordance with the terms of this Agreement within ten years after the acquisition date. 7. Disposal of land: For land purchased under an Agreement for airport noise compatibility or airport development purposes, disposition of such land will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with operation of the airport. E. Aviation Construction Projects If this project involves construction. the Agency assures that it will: 1. Certifications: Provide certifications that: a. Consultant and contractor selection comply with all applicable federal, state and local laws, rules, regulations, and policies. b. All design plans and specifications comply with federal, state, and professional standards and applicable Federal Aviation Administration advisory circulars. c. The project complies with all applicable building codes and other statutory requirements. d. Completed construction complies with the original project plans and specifications. 2. Construction Inspection & Approval: Provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and Joint Participation Agreement (JPA) Exhibit C Page 5 .. ... " ~. ...,., schedules approved by the Department for the project. The Agency assures that it will allow the Department to inspect the work. The Department may require cost and progress reporting by the Agency. 3. Pavement Preventative Maintenance: With respect to a project for the replacement or reconstruction of pavement at the airport, implement an effective airport pavement maintenance management program and the Agency assures that it will use such program for the useful life of any pavement constructed, reconstructed, or repaired with state financial assistance at the airport. F. Noise Mitigation Projects If this project involves noise mitigation, the Agency assures that it will: 1. Local Government Agreements: For all noise compatibility projects that are carried out by another unit of local government or are on property owned by a unit of local government other than the Agency, enter into an agreement with that government. The agreement shall obligate the unit of local government to the same terms, conditions, and assurances that apply to the Agency. The agreement and changes thereto must be satisfactory to the Department. The Agency assures that it will take steps to enforce the agreement if there is substantial non-compliance with the terms of the agreement. 2. Private Agreements: For noise compatibility projects to be carried out on privately owned property, enter into an agreement with the owner of that property to exclude future actions against the airport. The Agency assures that it will take steps to enforce the agreement if there is substantial non-compliance with the terms of the agreement. .. Joint Participation Agreement (JPA) Exhibit C Page 6 '-'" i\1\tS't ~D~~Q ~G\t .. "". -- V'CEJ;,.fDV'k:EÚLlEa.L "....... ~ . C-3-C ....4ÑO.~ '2.004- 1'fß}.~~ ar1 '3, 1"ß··l'e\)tu D~ þ$.\ 1 ~G\J\.. ~G \ 1 Y\JBÜ: ){ 1 cOÑs£ . DB~' r~Ø ...;., ..b'Ba~ BA: CO~~Bl1r [ X ] bnnr- . .- ~LD Ie REV1nr1o [ ] KBOllrYK { ] - DVJ.B: k<>PLn",,^ 3> 300..,. I..L.:E:.Y\£ ':v:Lt::> - L;- ~ <::; .......-. -. '-" "" - AGENDA REQUEST ITEM NO. C-3-C DATE: February 3, 2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Airport Paul Phillips SUBJECT: Accept the grant for the Benefit/Cost Analysis for proposed parallel runway BACKGROUND: In September 2001, the Board approved the scope of work with HNTB to prepare the Environmental Assessment (EA) for the proposed parallel runway at St. Lucie County International Airport. The next step required by the Federal Aviation Administration (FAA) is for the preparation ofthe Benefit/Cost Analysis (BCA) for any proposed facility exceeding five million dollars. The purpose of the BCA is to evaluate the benefit of building a new parallel runway versus maintaining the current airport airside configuration. The BCA will consider operational, capital, environmental, and social benefits and costs. The study will be developed in compliance with all pertinent FAA regulations, criteria, standards and processes. FUNDS A V AILABLE IN ACCT#: Matching funds of$8,333 are available in Airport hnprovement Other than Buildings Account (140-4210-563000-400). PREVIOUS ACTION: n/a RECOMMENDATION: Staff recommends that the Board accept the Florida Department of Transportation (FDOT) Joint Participation Agreement (JP A), and authorize the Chainnan to execute the JP A and Resolution 04-50 authorizing the Chainnan to sign the agreement, and accept the FDOT $8,333 grant for security coverage at St. Lucie County International Airport. COMMISSION ACTION: [JAPPROVED [ ]DENIED noTHER: C:~E: r r Reviews & Approvals ~/ County Attomey:~ OMB Y.fL. I'/Wf.. Purchasing Originating Dept: Other~ Other: Finance:(Check fì ropy nIy, If applIcable) Approved 5-0 J -,; '-' ..." BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: AIRPORT PREPARED DATE: 1/27/04 AGENDA DATE: February 3, 2004 TO: 140-4210-564000-400 MACHINERY & EQUIPMENT $1,825 FROM: 140-4210-548000-400 PROMOTIONAL ACTIVITIES $1,825 REASON FOR BUDGET AMENDMENT: To uchase movable stairs for Air ort Maintenance Bid . CONTINGENCY BALANCE: na THIS AMENDMENT: na REMAINING BALANCE: na DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: -((.tf0 BA04-120 . .. # . '-' "'-' St Lucie County , !ðlf!lNAT~ºI'!A~Æ!fl__' .~ ~on'F/orlda~reasure,Cõè1st1;;'?':~~~ AGENDA REQUEST ITEM NO. C - 2 - A DATE: December 9,2003 PUBLIC HEARING CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMIITED BY: Airport Paul A. Phillips SUBJECT: Purchase of movable stairs BACKGROUND: The airport maintenance building has approximately 400 square feet of area designed for dry storage above the office space. A set of movable stairs with a platfonn is needed to access this wide area for safe movement of stored materials. Using a 10-foot ladder to access the storage area was deemed unsafe by the County's risk manager and is no longer acceptable. The stairs will be of steel construction, painted yellow with left and right side exits, a 3'x 3 'platfonn with an 8' 10" deck height. This equipment will provide for the safe movement necessary to store airport materials. FUNDS AVAILABLE IN ACCT: Funds of$l ,825 will be available ttom the Promotional Activities account (140-4210-548000-400) to the airport capital equipment account (140-4210.,564000-400). PREVIOUS ACTION: N/A RECOMMENDATION: Ståffrecommends that the Board approve equipment request #04-217 for $1,825.00 to purchase PNX -FIS 1 06 movable stairs from Phoenix Metal Products, Inc. for safe access to storage area in maintenance building at St. Lucie County International Airport. .. Î' .. \ ~' \ COMMISSION ACTION: MAPPROVED [ ]DENIED " . - Appro\'ed 4-0 [ ]OTHER: (Comm. Barnes Absent) Reviews & Approvals Co~ty ~ttomey:s" .)1'\ OMB~Purchasing Origmating Dept: ' . . Other: Other: Finance:(Check ~ y nly, if applicable) CE: i"""-'''-'-!VED I ¡{"'iii t:: ,L- ~ Ii ' ~rOtL 1 5-2~03 d ~-.... .-.--- : . ';; ....t1' 5T. LUCIE ,=CUNTY. FLORIDA t , , ----- ~ r--- "'. o ~ W~ Zo 00 -~ 0('t) 00 -0 :EN :E~ O<C OW ¡:~ z<C :::)0 0(1) oU:: 1.1.0:: 00 cu. ~I- <CU) OW 10::::) ¡:g z~ ::)1- 0% OW w:æ _£L 0- ::)=» ..JG W ...= U) 8 .!l! IE -g ~ ° m ° CD ... e- = -0 &.?< ãj CD!GJC')! ~.9im.9 .QfI)EJ!j'fI) mõ.¥- ° CD fl)x.... œë'cCD~ i i ~~ i ~~õ-ã~ -oEo'cc õ.!CD-oë -m.cCCD -ofl)....GJE G) '- >-. ¢: CD CJ2.QCD> j;!) as .! - ° ~CDas:§E -oæ~~.! mCD:::J~m CD -0 -0 ° fI) '- .- CD - CD m~Eëi).c _0 fI) >- ...... -0)-0'- ....CD £; CD 0) -<~ CD -o....~ _=fI)CCD CD CD as '(ij :g (¡j8~O;E à-mmõa. fI).9=:;:;= ""0- giCD2~ 'I:t-oœ....C >-CD~~CD CDCD.9oE ....cfI)Oa. ~ .!l! CD 'i 'S 'x E £; iÞ g- 2.2=-.!l! a..... CD O.c a..!! 8 CD t- ma. .Q fI) as . mmo=:E .c.c....~œ œ~ '- fI) 'Q) c~-8.!:::.c :Sr!-oS~ 'S Š .!! fI) ~ .0. fI) Õ ~ "C CDCDOt-Z 0-'7 0 c.oo ...- as~..-CD_ ioœ:ãco .... E œS C .£_ca.aJ mo-G);; E....~ 8·- 1::CD co~ fI). S::' &. «.!l! Ii 1:;.!! '- .COOJoco -G)'Cc....'C CGo CD 0.... CD Cl)œ....-.!!- t-.J:: a. CGE ° _a. Em fI) CC') o l' o o o V <0 10 I o ..... N l' :5 ..- ~ Z ;:) o (,) (,) \1 "" '-' ...,J Sf.. LuCre County INTERNATIONAL AtJ AGENDA REQUEST ITEM NO. C-3 -D DATE: February 3, 2004 REGULAR [ ] PUBLIC HEARING CONSENT (X) PRESENTED BY: TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Airport Paul A. Phillips SUBJECT: Budget Amendment for the purchase of movable stairs BACKGROUND: The airport maintenance building has approximately 400 square feet of area designed for dry storage above the office space. A set of movable stairs with a platform is needed to access this wide area for safe movement of stored materials. Using a 10- foot ladder to access the storage area was deemed unsafe by the County's risk manager and is no longer acceptable. The stairs will be of steel construction, painted yellow with left and right side exits, a 3 'x 3 'platform with an 8' 10" deck height. This equipment will provide for the safe movement necessary to store airport materials. FUNDS AVAILABLE IN ACCT: Funds of$1 ,825 will be available from the Promotional Activities account (140-4210-548000-400) to the airport capital equipment account (140-4210-564000-400). PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board approve budget amendment #04-120 for $1,825.00 to purchase PNX - FIS 1 06 movable stairs from Phoenix Metal Products, Inc. for safe access to storage area in maintenance building at St. Lucie County International Airport. COMMISSION ACTION: )GAPPROVED [ ]DENIED Approved 5-0 [ ]OTHER: Reviews & Approvals ~ i, I' ..II rv.'4 ' County AttorneY:_~ OMB~Purchasing Originating Dept: Other: Other: Finance:(Check ~ py , if applicable) j, :. ~ ...." RESOLUTION NO. 03-326 WHEREAS, subsequent to the adoption of the budget for the St. Lucie County Board of County Commissioners, certain funds not anticipated at the time of adoption have become available from the Florida Department of Transportation Joint Participation Agreement in the amount of $55,554 as additional funding for the design and rehabilitation of crosswind runway 14/32 at St. Lucie County International Airport. WHEREAS, Section 129.06 (d), Florida Statutes, requires the St. Lucie County Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners ofSt. Lucie County, Florida, in meeting assembled this 3rd day of February, 2004, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2003-2004, and the budget for the St. Lucie County Board of County Commissioners is hereby amended as follows: REVENUES 140324-4220-334411-48007 FDOT - Transportation $55,554 APPROPRIATIONS 140324-4220-563000-48007 Improvements OIT Bldg $55,554 After motion and second the vote on this resolution was as follows: Commissioner Paula A. Lewis, Chairperson Commissioner John D. Bruhn, Vice Chairperson Commissioner Doug Coward Commissioner Frannie Hutchinson Commissioner Cliff Barnes xxx xxx XXX XXX XXX PASSED AND DULY ADOPTED THIS 3rd DAY OF December, 2004. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY , -. .. ( r ~ ...I ·1 ~, t .' AGENDA REQUEST ITEM NO. C-4 DATE: December 2, 2003 REGULAR [ 1 PUBLIC HEARING [ ] CONSENT [ X 1 PRESENTED BY: Paul Phillips . . iiL\~\~ Sf. LUCIe County\~,~ ~ INTERNATIONAL Am~ORT(,:Zf:;' 'õiïFiõifdá1š-Y;¡¡i¡sìïre"tœst:':o: :::/" ,. " , , ,.~ ~ " TO: BOARD OF COUNTY COMMISSI01\TERS . SUBMITIED BY: I Airport SUBJECT: Accept the Florida Department of Transportation (~OT) Joint Participation Agreement (JP A), and authotlze the Chainnan to execute the JP A and resolution 03-316 authorizing the Chairman to sign the agreement, for the design and rehabilitation of crosswind runway 14/32 at St. Lucie County International Airport. This JP A provides for an addítional $55,554 ofthe $1,388,886 necessary for the project. This is a 5% matching fund)P A with the Florida Department of Transportation. BACKGROUN.Ò:·-!? August 200,3, the Board accepted the Federal Ayiation Administration (J AA) fed~ral grant of $1, 150,OOD.for thè rehabilitation of runway 14/32 and for preparation ofthe benefit/cost analysis for the proposed parall.s:l mnway at the airport. As a result ofthis FAA grant, matching funds from FDOT were necessarY~ Tl:1is supplemental IP A provides for an additional $55,554 ofthe $1,388,886 necessary for the project. This is a 5% matching fund JPA with the Florida DepartIpent of Transportation. . I FUNDS AVAILABLE IN ACCT#: Matching funds of$55,554 were approved by the Board on August 26, 2003 from airport local match reserve (140-4210-563000-400) as the local match.. , PREVIOUS ACTION: Board approved the Airport capital inlprovement budget. I RECOMMENDA TrON: Staff recommends that the Board accept the Florida Department ofTransportati'òn (FDOT) Joint Participation Agreement (JP A), and authorize the Chairman to execute the JP A and resolution 03·316 authorizing the Chairnlan to sign the agreement, for the design and rehabilitation of crosswind runway 14/32 at St. Lucie County International Airport. This IPA provides for an additional $55,554 of the $1,388,886 nec~sary for the project. This is a 5% matching fund JPA with the Florida Department of Transportation. . COMMISSION ACTION: MAPPROVED [ lDENIED [ lOTHER: Approved 4-0 (Comm. Bruhn - Absent) Reviews & Approvals ~A County Attorney: ~~(}J''1 OMB:ñJe !1\('f\\;1 Originating Dept: 1Y11~' Other: Finance:(Check fo rc yo ly, if applicable) CONCdCE: -/ f/- ~ .Purchasing Other: , \ f ~ AGENDA REQUEST ~ ITEM NO. C-3-E , S+.<sbUG'Iä~~9""'·< COUNTY Þ FLORIDA DATE: February 3,2004 REGULAR PUBLIC HEARING CONSENT [X] TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Airport PRESENTED BY: Paul Phillips SUBJECT: Resolution 03-326 for Florida Department of Transportation (FDOT) Joint Participation Agreement (JP A) funding for Airport Runway 14/32 BACKGROUND: The Board accepted a Federal Aviation Administration (FAA) grant in the amount of $1,150,000 for the rehabilitation of crosswind runway 14/32 at the St. Lucie County International Airport. As a result of the FAA grant, matching funds from the FDOT in the amount of $55,554 were necessary for the project. The Board accepted the Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) in the amount of $55,554, and as a result, a resolution must be accepted to recognize the additional funding that was not anticipated at the time of adoption of the FY 04 Budget. FUNDS AVAILABLE,: See attached Budget Resolution 03-326. PREVIOUS ACTION: The Board accepted the FDOT Joint Participation Agreement and the additional funding in the amount of$55,554 for the design and rehabilitation of crosswind runway 14/32 at St. Lucie County International Airport. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Budget Resolution 03-326. !XI APPROVED [ ] OTHER: [ ] DENIED Approved 5-0 CE: COMMISSION ACTION: ug Anderson County Administrator Coordination/Signatures County Attorney: XX ;Jt Management & Budget: ~hasing: Originating Dep~ Airport: XX Other: Finance: (Check for Copy only, if applicable) G:\BUDGE1\WP\AGENDA'S\AGENDA04\02'03RUNW A Y14'32,DOC .. \~ " ~ .." INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: FROM: DATE: SUBJECT: Board of County Commissioners Daniel S. McIntyre, County Attorney February 3, 2004 White City Drainage Project - Canal D Victor and Cheryl Rowe Purchase of 15 feet Right-of-Way on Citrus Avenue 15 foot Drainage, Utility and Maintenance Easement 15 foot Temporary Construction Easement --------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------- BACKGROUND: The Public Works Department is planning to make drainage improvements in the White City area. The County has received a grant from the St. Lucie River Issues Team to build a stormwater retention pond at the outfall of the canal where it meets with the North Fork of the St. Lucie River. Easements and road right-of-ways are needed so the County can replace old, deteriorated drainage pipes with new larger pipes and to reshape the canal. These improvements will allow water in the ditch to drain quicker and should improve flood protection in the area. The County forwarded a Contract to purchase 15 foot of road-right-of way on Citrus Avenue to Mr. & Mrs. Rowe for $3,000.00. The contract price was based on the fair market value as determined by Deighan Consultants. The signed Contract for the right-of-way along with the Drainage, Utility and Maintenance Easement and Temporary Construction Easements are attached for your review. Mr. & Mrs. Rowe have donated the 15 foot Drainage, Utility and Maintenance along with a 15 foot Temporary Construction Easement. RECOMMENDATION / CONCLUSION: Staff recommends that the Board approve the Contract for Sale and Purchase with Mr. & Mrs. Rowe, authorize the Chairman to execute the agreement and direct staff to close the transaction, authorize the Chairman to execute Resolution No. 04-47, and Resolution No. 04-48, instruct staff to record Resolution No. 04-47and Resolution No. 04-48 in the Public Records of St. Lucie County, Florida. G:\ACQ\WP\Janet\Canal D\Rowe BOCC memo,wpd ~ AGENDA REQUEST ITEM ~ Co -~ -A ~ DATE: February 3, 2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] PRESENTED BY: TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Attorney Daniel S. McIntyre County Attorney SUBJECT: White City Drainage Project - Canal D Contract for Sale and Purchase of 15 ft Right-of-Way on Citrus Avenue Resolution 04-47 for a 15 ft Drainage, Utility and Maintenance Easement Resolution 04-48 for a Temporary Construction Easement BACKGROUND: Please see attached background memorandum FUNDS AVAIL.: Funds o.re available in: Account No: 102001-3725-561002-4258 and 102001-3725-561007 -4258' Drainage Maintenance MSTU, Stormwater Management PREVIOUS ACTION: N/ A RECOMMENDATION: Staff recommends that the Board approve the Contract for Sale and Purchase with Mr. & Mrs. Rowe, authorize the Chairman to execute the agreement and direct staff to close the transaction, authorize the Chairman to execute Resolution No. 04-47, and Resolution No. 04-48, instruct staff to record Resolution No. 04-47 and Resolution No. 04-48 in the Public Records of St. Lucie County, Florida. ~ APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 COMMISSION ACTION: Review and Approvals XX Originating Dept.: Jd' 1r<J.. XX Public Works:~ XX Road & Bridge: XX County Engineer:JVÞ , ,~ XX Budget& Management: u.o fIIl1lu I XX County Attorney: Finance: (Check for Copy only, if applicable) Eff, 5/96 G: \ACQ\ WP\J ane.t\Canal D \Agenda,wpd " 'wi \.f . /045 15OH)559-1OO/ II 2,52 Ac ...., 2 1)7.' J +()()()131 ~'\13 '" ~ " ~ ° ° j ,,. ... !2' ,.. MAlURD "'. ~ ... : '" 22 .... 127.H ,,. $ '" $ '" " 25 $ 1113-0001-000/81 8,78 Ac 1114-{)()()4-{)()()/2) ~,78 Ac 26°2'1$20 103." = :¡ "'. '40 12 1:l0 no 1502-0005-000101 5,59 Ac ..:'..)8 ,..... '" ,.... 12 .7' 11: .---------------------------- 1502-{)1)()6-oaJ/71 2~,4 Ac .. ~ ~ ~~(!þ ~ ~f2~'" Ai~ ... ~ 13403-502-02J9-000111 17.69 tv; " '74 .,$> ~ \ e'ð.~ ("1, ! T272:1 --------------------------- 1502-()()(J7-oaJ141 26,20 Ac ... '1.~6 Ac 1143-aJOHXXJIII 1271.07 -------------------------- (5ONXI08-oaJ11I 28,86 Ac ~~'\I (3403-502-0242-000/51 9.67 Ac ~ ,.,.~ ,", ; ,. . ... /"\J'" - /095 PREPARED FOR ~ ~1. l~~~~ ~(Q)~~1W, ~l(Q)~~@~ ASSESSMENT MAP SECTION ~ V:i1 OF ~ EO 'CJI T:'l ST, LUCIE CWNTT POCPtRTT ,f: \':f¿I~ c~:m ~~~rr(~m~T TOWNSH [P 341 S IBll TT "" [RRDR' CJI DII'S""" "'^ re RANGE ~.... IS ~~~ ~@®~ ~xI~ IX1JCLAS S. PUTMMI Sf. LUCIE aut" PRtPERO """,,,ISER z 52 ..... ... ,.., I- W w J: V1 w w 126 V1 ~ 'DO ,"0 'DO , SHEET NUt.EER 1< '-" .~ PROJECT NAME: White City Drainage Project - Canal D Property Owner: Victor Vernon Rowe and Cheryl D. Rowe, his wife PARCEL: Tax ID #3409-502-0006-000/7 CONTRACT FOR SALE AND PURCHASE FOR REAL PROPERTY ACQUISITION THIS AGREEMENT made this day of , 2004, between VICTOR VERNON ROWE II and CHERYL D. ROWE, his wife.... whose mailing address is 5805 Citrus Avenue, Fort Pierce, Florida, 34982 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 the County of St. Lucie, Florida, being more fully described as: SEE ATTACHED EXHIBIT "A" AND "A-1" together with all improvements and personal property located thereon as may hereinafter be specifically described as well as the easements attached as Exhibit F and Exhibit G. 1. PURCHASE PRICE AND METHOD OF PAYMENT. The full purchase price is Three Thousand and 00/100 Dollars, determined to be the total of the following: ($ 3.000.00) Real Property (Land) and Buildings Other Improvements upon the Land (described, if any) Severance Damages Other (describe) $ 3.000.00 $ NIA $ NIA $ NIA 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 fees 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. " '-' 'wtI 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 that 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 the property described in Exhibits A and A-1 to PURCHASER by a good and sufficient statutory Warranty Deed, as well as the easements attached as Exhibits F and G all 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 ofthis 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 closin~. 9. CLOSING. The closing shall be on or before June 30.2004. 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 theother, 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 office 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. 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 that 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 the SELLER 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 '-'" wi 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) ,SELLER warrants and represents that there are no leases, occupancies, or tenancies; and none will be agreed to prior to closing without PURCHASER'S consent. (b) SELLER has not entered into any contracts, subcontracts, licenses, concessions, easements, or other agreements, service arrangements, either recorded or unrecordød, written or oral, affecting the property other than those set forth in Exhibit "C" attached here to made a part thereof. (c) 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. (d) 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 thereof; and SELLER has received no notice of any such violation. SELLER shall deliver to PURCHASER any such notice received prior to or after closing. (e) There are no encroachments thereof. (f) 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 present time or as ofthe 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. ,. '-' .....J 22. COMPLIANCE WITH ENVIRONMENTAL LAWS. As of and subsequent to the date ofthis 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. IN WITNESS WHEREOF, the parties have hereunto affixed their hands and seals. EXECUTED by SELLER this ~ day of ~ -J ' ,2004. Witness: f~ 4L--~ VICTOR VERNON ROWE, II ~~-l~'f ~ Witness to Victor Vernon Rowe 4I~J mC~ Witness to Victor Vernon R e ~&'¡¡@M CHERYL D. R WE ' ~ ¡Jv.:... Witness to Cheryl D. Rowe ~J. n)C{):¡f- Witness to Cheryl D. Rowe STATE OF fi, COUNTY OF ~ ~t:A..-<.- ) ) The foregoing instrument was acknowledged before me this ;;;...<J day of ~ ~ ~ N- , 2004, by VICTOR VERNON ROWE II and CHERYL D. ROWE, his wife, who is personally known to me or who has produced a drivers license issued within the last five years as identification. My Commission Expires: ~~ Y1 K--rJ ~ NotarY PubJic "II''''" Mildred Hems ,\~~ PIJ. " l(;,".;t...-:-oo.f,,'-:. commission # DD100419 _~. ..~ø :: . i 1';': Expires ^~ ~(·hn~s~§ ,P¡]ri~t~. ~or Stamped Name of Notary Public ""11\\\\ ^ aJ:1ti't EXECUTED by PURCHASER this day of , 2004. ATTEST: BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA DEPUTY CLERK BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS County Attorney '-" EXHIBIT "A" LEGAL DESCRIPTION 9, TOWNSHIP 36 SOUTH, RANGE 40 EAST ST. LUCIE COUNTY, FLORIDA ..J SECTION .. LAND DESCRIPTION: 15 FOOT WIDE ADDITIONAL RIGHT-OF-WAY BEING A 15 FOOT WIDE ADDITIONAL RIGHT-OF-WAY LYING IN AND BEiNG A PORTION OF 'THE NOR'THEAST ONE-OUARTER (1/4) OF SECTION 9, TOWNSHIP .:J6 SOU 'TH , RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ' , , COMMENCE AT THE NOR'THEAST CORNER OF 'THE NOR'THWEST ONE-QUARTER (1/4) OF 'THE NORTHEAST ONE-QUARTER (1/4) OF SECTION 9, TOWNSHIP .:J6 SOU'TH. RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, AS SHOWN ON 'THE PLAT ENTITLED "PLAT SHOWING ADJUSTMENT OF PROPERTY LINES OF MOORE, HOEFLICH, BACHAnACH, BRAOY, AND HAMMOND" AS RECORDED iN PLAT BOOK .:J, PAGE 64, OF 'THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; 'THENCE SOU'TH 00'00'00" WEST (ASSUMED BEARING), ALONG 'THE EAST LINE OF SAIO PLAT, A DISTANCE 1810.55 FEET TO 'THE SOU'THEAST CORNER OF TRACT "G"OF SAID PLAT AND 'THE POINT OF BEGINNING; 'THENCE NOR'TH 89'28'00" WEST, ALONG THE SOU'TH LINE OF SAID TRACT 'C;" A DISTANCE OF 15.00 FEET; 'THENCE NORTH DO'DO'ÖO" EAST ALONG A LINE PARALLEL WI'TH AND 15 FEET WEST OF THE EAST LINE OF SAID TRACT "G" A DISTANCE OF 475.90 FEET TO 'THE NORTH LINE OF THE SOUTH ONE HALF (1/2) OF TRACT "E"; THENCE SOUTH 89'28'00" EAST A DiSTANCE OF \5.00 FEET; THENCE SOUTH 00'00'00" WEST ALONG THE EAST LINE .OF SAID TRACT "G" II DISTANCE OF 475.90 FEEl TO THE POINT Of BEGINNING. ," '. , CONTAINING 0,16 ,ACRES, MORE OR LESS. SURVEYOR'S CERTIFICATION: I HEREBY CEIHIFY TO THE BEST OF MY KNOWLEDGE AND BELIEF THAT 'THE SKETCH AND DESCRIPTION SHOWN HEREON WAS PREPARED IN ACCORDANCE WI'TH THE "MINIMUM TEGHNICAL STANDARDS" fOR SURVEYING AND MAPPING IN rHE STATE OF FLORIDA AS SET FORTH BY 'THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS . AND MAPPERS IN CHAPTER 61GI7-6, FLORIDA ' ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES. SURVEYOR'S NOTES: ~J 2R .-J4tN 'tftJ JO V SKY, .S.M. DATE OF SIGNATURE F IDA SURVEYOR A 0 MAPPER REGlSTRA nON No, 4 275 NOT VALID WITHOUT THE SIGNATURE AND 'THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 1. 'THE BEARINGS SHOWN HEREON ARE BASED ON AN ASSUMED MERIDIAN WI'TH A REFERENCE BEARING OF SOUTH 00'00'00" WEST ALONG THE LINE AS INDICA TED. 2, NO INSTRUMENT OF RECORD REFLECTING EASEMENTS, RIGHTS-Of-WAY AND/OR OWNERSHIP WERE FURNISHED TO 'THE SURVEYOR EXCEPT AS SHOWN HEREON, NO TITLE OPINION IS EXPRESSED OR IMPLIED, NOTE: SEE SHEET 2 OF 2 FOR SKETCH Of DESCRIPTION DESCRIPTION NOT VALID UNLESS ACCOMPANIED WI'TH SKETCH OF DESCRIPTION AS SHOWN ON SHEET 2 OF 2 OF 'THIS DOCUMENT, CREECH ENGINEERS, INC. FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER 6705 (LB 6705 - LICENSED BUSINESS NUMBER 6705) THIS IS NOT A SURVEY u~sm SJJt~HO AltO WÞol'~O austt(SJi NO. 17m Œ~E~H .00 1. I'''''ROn ..\I(. OIC((CHOO(t. r\.CROA n"'l ","Ot! (941»)lJ-)O:IO '.u: (1I4)"J-0I10 20J Vot:ST :w STIIEET STUART. Fl..ORIOA 3<499.. PHOHE (561)2BJ-14IJ ' rAX (5\6)220-7881 I',Q. 101 -410.01 w[UIIOJ""L n.c-.ID~ J2H' PHCH( (-4(I7177t-311J r.u (4011111-11." 15 FOOT WIDE ADDITIONAL RIGHT-OF-WAY TAX PARCEL (502-0006-000/7) c.l_I'-I~_""'tCII"'" C,....-=-INCIIC_IICCt ppO..(cr HO, 97186 SH(£T 1 ~ ~ECTION EXHIBIT "A-1" 9, TOWNSHIP 36 SOUTH, RANGE ST. LUCIE COUNTY, FLORIDA 40 EAST, .....----NORiH LINE OF' SOUTH 1/2 OF' TRACT 'E' L-- S89'28'OO'E L_-------- SOUTH 1/2 TRACT E I ~I ~ 1:2 ,... Ò . I' ¢Õ'o VI;:JÕ I ;;¡e:t 0( °m::l..,.o -< -<\Dæ ,",wI ° Z5°~¿ ~O~.. . 0:t II.~ ¡¡¡...l;"'Z ,...O..¡æ;ð jVlgsc;U Q.W mw . ~:it-Ü ... U..:::> 0~0(..J-' Wa::~a..,...: ZW:t \11 :J"'U 0.. ,...a:m VIII. .. ... .. , , N/f GENEVA E, ROWE I _~.B. ~CE 3~ TAX PARCEL NO. (502-0006~OOO/7) SOUTH 1/2 OF TRACT E AND TRACT G PLAT SHOWING ADJUSTMENT OF PROPERTY LINES OF MOORE:, HOEFLICH, BACHARACH, TRACT ,G BRADY AND HAMMOND PLAT BOOK ~, PACE 6~ ST, LUCIE COUND:. F'LORIDA N69'28'OO'W SOUiH UNE OF' TRACT ·c· N69'28'OO'W 15,00' I N89'2S'OO"W I",,] I~II·~ ,j,1 « ~ II I~I~ ~I ~::; a: bl¡r- I~IIÜ f:1 ~: ~ J¡i N/f JANICE R. HANCOCK O.R.B. 468, PACE 1599 TAX PARCEL NO, (502-0007-000/4) (TRACT I) PLAT SHOWING ADJUSTMENT OF PROPERTY LINES Of MOORE. HOEFLICH, BACHARACH. BRADY AND HAMMOND PLAT BOOK ~, PACE 64 ST. LUCIE COUNTY. F'LORIDA LEGEND <t O,R.B. N/F' CENTt:RUNE 'OF'F'ICIAL RECORD BOOK ,NOW OR F'ORhlERL Y NOTt:: SEE SHEET 1 Of" 2 F'OR DESCRIPTION, SURVEYOR'S NOTES AND CERTIFlCATION THIS .IS NOT A SURVEY UCDfsm 5Ut'I'C'IIHC ,4o,HD ..~C 11a13PCSS "0. nœ ~~EGH .cIQ s. I' ..'UtO" Alt{. ~C[OIQO(r.. f'\.CII'IMlA JJ471 ,."QJI[_ (.41)"J-~ r~ 1"')1IJ-o.tI 2DJ wEST .)rd SlRE[T STUART. n.ORIDA )49'H "HOME {~1)2aJ-14IJ rAX ("')22D-7'" ,.a. 101 HMO' wÐ.aDJtltHC, r\.OIIItDA JU41 I"H04( ("07)T1I- H1J . rlJ. (401)"'-:I1.. 15 FOOT WIDE ADDITIONAL RI'3HT -OP-W A Y TAX PARCEL (502-0006-000/7) c;::IIl_."-';OOO¡¡:_"""c..... OC.... _I.... IIC __ lICe. '.CU:CI He. 9 186 ~ 1 _ 100 IAlXIrLL: 97186D1 J ~ 2 or '-' .....,¡ EXHIBIT "B" SCHEDULE OF LEASES, TENANCIES AND OCCUPANCIES NA '-' EXHIBIT "C" CONTRACTS, LICENSES AND AGREEMENTS NA ....J '-' ....,¡ EXHIBIT "0" OPERATION, MAINTENANCE AND EMPLOYMENT AGREEMENTS WI. '-' ."J EXHIBIT "E" POLICIES OF INSURANCE NA '-' ....JI RESOLUTION NO. 04-47 A RESOLUTION ACCEPTING A 15 FOOT DRAINAGE EASEMENT FOR CITRUS A VENUE ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that: The foregoing 15 FOOT DRAINAGE EASEMENT is duly accepted on behalf of St. Lucie County this 3th day of FEBRUARY, 2004. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman ATTEST: Deputy Clerk APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney G:\ACQ\WP\Janet\Cana D\Rowe Res. 04-47 Drainage Easemt.wpd '-' EXHIBIT F ...,¡ This instrument prepared by: Janet liCausi under the direction of Daniel S. Mcintyre, County Attorney, St. Lucie County 2300 Virginia Avenue Ft. Pierce, FL 34982 PROJECT NAME: White City Drainage - Canal D TAX ID#: 3409-502-0006-000/7 DRAINAGE, UTILITY AND MAINTENANCE EASEMENT KNOW ALL MEN BY THESE PRESENTS that the undersigned, VICTOR VERNON ROWE. II. JOINED BY HIS SPOUSE CHERYL D. ROWE, hereafter referred to as Grantors, whose mailing address 5805 Citrus Avenue, Ft. Pierce, FL 34982, for and in consideration of the sum of One Dollars ($1.00), to them in hand paid the receipt of which is hereby acknowledged, do hereby convey and grant to ST. LUCIE COUNTY. a Political Subdivision of the State of Florida, hereafter referred to as Grantee, whose mailing address is 2300 Virginia Avenue, Ft. Pierce, FL 34982 for the use and benefit of the general public the privilege and easement for the installation, maintenance, operation, repair, replacement, or renewal of underground water, sewer, and gas utilities and drainage facilities in, under, upon, along, over, and across 'the following described land in St. Lucie County, Florida, to-wit: SEE ATTACHED EXHIBIT "A" and "A-1" TO HAVE AND TO HOLD the same unto the GRANTEE, its successors and assigned forever. Access to the above strip of land, as described in EXHIBIT A and A-1, over the adjoining lands of the GRANTORS is hereby granted. The GRANTEE may temporally remove or move GRANTORS' fence and may remove, cut or trim trees, bushes, and saplings growing upon or extending over said strip of land so far as may be reasona bly necessary in the installation, maintenance, operation, repair, replacement, or renewal of any of the above mentioned utilities, drainage facilities or improvements. The GRANTEE shall be permitted to construct and maintain a gate opening in the GRANTORS' fence for t he for the purpose of ingress and egress to the subject property to construct, operate and maintain the facilities within the easement. The gate opening shall be in the NE corner of GRANTORS property as described in Exhibit A and A-1. The GRANTORS reserve the use of said strip of land for any use not inconsistent herewith, but no buildings or structures other than fences as located, shall be erected or placed on said strip of land by GRANTORS. The rights herein granted may be assigned in whole or in part. If this easement as described in Exhibit A and A-1 is not used by the GRANTEE in the White City Drainage Project for Canal "D" within five(5)years of acceptance of this easement, then, said easement shall terminate. "'-'" ." The undersigned hereby covenant and warrant that they own the said land and have the right to grant this easement. Signed, sealed and delivered in the presence of: ~~ WITNESS qj~ cß rrx(k~r WITNESS -tI~~~¿~l6 VICTOR VERNON ROWE, II ~~. WITNESS 0fl~<ê-~ CHERYLD.R WE 4!~ (" ý_ m~ WITNESS STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this .;;L.o day of ~¡J ,2004, by VICTOR VERNON ROWE, II AND CHERYL D. ROWE, his wife, who produced Fz-. .) L '5 (type of identification) and. who did take an oath. WITNESS my hand and official seal,-this ~ day of My Commission Expires: 'fz r ~ ?- ~~. ,A.D. 2004. ~ ¡)~~ ,,§,~~~turEM1i.No1a['ý. Public ",~~ PI/e.'" drea Hl!ms ¡ ~.7T"""'f¡, 1 Commission # DD100419 ~§.\ J~ = Expires April 18, 2006 ø;; G ,'" ... ;ßWfn'e MaNGt~~cPrinted or Stamped or Typed '. --.... '-' SKETCH OF DESCRIPTION SECTION 9, TOWNSHIP 36 SOUTH, RANGE ST. LUCIE COUNTY, FLORIDA 555.00' 15' DRAINAGE FACILITY EASEMENT 15672.22 SQ. FT. 0.36 ACRES SOUTH 1/2 TRACT E N/F GENEVA E. ROWE ~. 7BO, PAGE 2B~ TAX PARCEL NO. (502-0006-000/7) SOUTH 1/2 OF TRACT E AND TRACT G PLA T SHOWING ADJUSTMENT OF PROPERTY LINES OF MOORE, HOEFLICH, BACHARACH, BRADY AND HAMMOND, PLAT BOOK 3, PAGE 6-4 ST. LUCIE COUNTY, FLORIDA r 6.B5' PER O.R.B. 7BO, PAGE 290 ST. LUCIE COUNTY, FLORIDA NB9"2B'00"W SOUTH LINE OF TRACT "G" NORTH LINE OF SOUTH 1/2 OF TRACT "E" S89'28'OO"E 570.00' '/, ':.5 'A)( '/ F ' N89'28'00"W TRACT G N/F JANICE R. HANCOCK O.R.B. -4BB, PAGE 1599 TAX PARCEL NO. (502-0007-000/4) (TRACT I) PLA T SHOWING ADJUSTMENT OF PROPERTY LINES OF MOORE, HOEFLICH, BACHARACH, BRADY AND HAMMOND PLAT BOOK 3, PAGE 64 ST. LUCIE COUNTY, FLORIDA ! TRACT I NB9'2B'00"W LEGEND <£ CENTERLINE O.R.B. OFFICIAL RECORO BOOK N/F NOW OR FORMERLY NOi'E:- sEE:SRm' 1 orTTOR DESCRIPTION, SURVEYOR'S NOTES AND CERTIFICATION LICØfSE]) SUR'Æ'tltG AND ..~ aJ!lME3$ NO. 170$ . ~~EGH 40 EAST POINT OF COMMENCEMENT NORTHEAST CORNER OF NORTHWEST 1/4 OF NORTHEAST 1/4 SECTION 9 TOWNSHIP 36 SOUTH I .1 ""'". <0 EAST I I IL o \0 10 ... I~I ~ ¡So ~ ¡ en2ð ;;S....::! < o~::!....o < <",Ii: ~; ~~~~~ ii!o o~~~>-" enO:r ... ~ool !I1lLb"'S ...o<~o "II) :5engj8U ê I a..... CD.... < "~:r" ü \.&J ,¡" ut-:;2 CD O~<:5... u.. wa::~~"':. o ~~Õ en !!1 "'0< ~I Iii g: CD I.~ SOUTHEAST CORNER OF TRACT "G" 6.BS' 500'00'00"E 30,00' N/39"2B'00"W I II I ~ ~ II~ z¡ II~:~I II~ ~ ...:J II~ ~ ¡::-I II~IOII I r~1 I n'1Is IS NOT A SURVEY 15 FOOT WIDE DRAINAGE FACILITY EASEMENT TAX PARCEL (502-0006-000/7 C:t1......1L...IX......,...'C»"'"-' I£.....OIN-=-=....-=Ø 101 tAn "ARM: A'tÐfUE T N.1...'HÞ.SSEI. ftORlDA :12JO'1 PHONE (85O)&41-17œ FAA (MO)841-17OI 203 WEST Jrd STREET STUART, flORIDA 34994 PHONE (5I!')283-1413 FA' (518)220-7881 432' WOCJDI..AHD PARK DAM: SJll[ 104 MELBOURNE. FlORlOA 32e04 PHONE (407)l74-lna rAX (407)174-2'0 PRQ.£CT NO. 971 B6 REVISED OA TE: JULY J 2002 SCAl£: 1 = 1 00 CADO F1\.E: 1 SHEET rE EXHIBIT i: :õ J) :I \\ A II DESCRIPTION TO ACCOMPANY SKETCH SECTION 9, TOWNSHIP 36 SOUTH, RANGE 40 EAST ST. LUCIE COUNTY, FLORIDA LAND DESCRIPTION: 15 FOOT WIDE DRAINAGE FACIUTY EASEMENT BEING A 15 FOOT WIDE DRAINAGE FACILITY EASEMENT LYING IN AND BEING A PORTION OF THE NORTHEAST ONE-QUARTER (1/4) OF SECTION 9, TOWi'lSHIP 36 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOlLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE NORTHWEST ONE-QUARTER (1/4) OF 'THE NORTHEAST ONE-QUARTER (1/4) OF SECTION 9, TOWNSHIP 36 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA, AS SHOWi'l ON THE PLAT ENTITLED ·PLAT SHOWING ADJUSTMENT OF PROPERTY LINES OF MOORE, HOEFLICH, BACHARACH, BRADY, AND HAMMOND· AS RECORDED IN PLAT BOOK 3, PAGE 64. OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE SOUTH 00'00'00 EAST. (ASSUMED BEARING), ALONG THE EAST LINE OF SAID PLAT, A DISTANCE 1610.55 FEET TO THE SOUTHEAST CORNER OF TRACT ·G· OF SAID PLAT; THENCE CONTINUE SOUTH 00'00'00" EAST A DISTANCE OF 6.65 FEET; THENCE NORTH 69'26'00" WEST ALONG A LINE THAT IS 6.65 FEET SOUTH OF AND PARALLEL TO THE SOUTH LINE OF TRACT "G" OF SAID PLAT A DISTANCE OF 30,00 FEET TO A POINT ON A LINE 30.00 FEET PARALLEL WITH THE EAST LINE OF SAID PLAT, SAID POINT ALSO BEING THE POINT OF BEGINNING: THENCE CONTINUE NORTH 69'26'00" WEST A DISTANCE OF 15.00 FEET: THENCE NORTH 00'00'00· WEST ALONG A LINE 45 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SAID PLAT A DISTANCE OF 474.61 ,FEET: THENCE NORTH 69'26'00" WEST A DISTANCE OF 555.00 FEET: THENCE NORTH 00'00'00· WEST A DISTANCE OF 15.00 FEET TO THE NORTH LINE OF THE SOUTH ONE-HALF (1/2) OF TRACT "E" OF SAID PLAT: THENCE SOUTH 69'26'00" EAST A DISTANCE OF 570.00 FEET TO A POINT ON A LINE 30 FEET PARALLEL WITH AND WEST OF THE EAST LINE OF SAID PLAT; THENCE SOUTH 00'00'00" EAST ALONG SAID PARALLEL LINE A DISTANCE OF 469.61 FEET TO THE POINT OF BEGINNING. CONTAINING 0.36 ACRES, MORE OR LESS. SURVEYOR'S NOTES: 1. THE BEARINGS SHOWi'l HEREON ARE BASED ON AN ASSUMED MERIDIAN WITH A REFERENCE BEARING OF SOUTH 00'00'00· WEST ALONG THE LINE AS INDICATED. 2, NO INSTRUMENT OF RECORD REFLECTING EASEMENTS, RIGHTS-OF-WAY AND/OR OWi'lERSHIP WERE FURNISHED TO THE SURVEYOR EXCEPT AS SHOWi'l HEREON. NO Tl1LE OPINION IS EXPRESSED OR IMPLIED, NOTE: SEE SHEET 2 OF 2 FOR SKETCH OF DESCRIPTION DESCRIPTION NOT VALID UNLESS ACCOMPANIED WITH SKETCH OF DESCRIPTION AS SHOWN ON SHEET 2 OF 2 OF THIS DOCUMENT. uct:HSED !ilJRYE'nHG AND WAPfIIHG IIILISH[SS "0. 1700 ~~E~H 001-......1::.::........,..100..-.. -=,...Ol....,-=-=~-=Ø 101 EAST PMK A'ÆNU[ TAU.AHASSEE. FlDFnDA 3230t PHCfI( (8ðO)841-17D5 FAX (85O)841-17Oe 203 WEST In S1REET SWART. F\.ORIDA 349.' PHONE (561)263-1413 FAX (5'6)220-7661 432:1 WDIXIl.AHD PMK Þftt\€ sum: ,.. NEl..1M1IRHE. f'lORl)A 32104 PHONE (407)l74-II!ttB ,Þ.X (4(Ji7)174-21IØ SURVEYOR'S CERTIFICATION: I HEREBY CERTIFY TO THE BEST OF MY KNOI't\.EDGE AND BELIEF THAT THE SKETCH AND DESCRIPTION SHOWi'l HEREON WAS PREPARED IN ACCORDANCE WITH THE 'MINIMUM TECHNICAL STANDARDS" FOR SURVEYING AND MAPPING IN THE STATE OF FLORIDA ASSET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE. PURSUANT TO SECTION 472.027, FLORIDA STATUTES. NOT VALID Wlr..OUT n-rE 51GNA TURE AND' THE ORIGINAL RAISED SEAL OF A FLORID.\ LICENSED SURVEYOR AND MAPPER. THIS IS NOT A SURVEY 15 FOOT WIDE DRAINAGE FACILITY EASEMENT TAX PARCEL (502-0006-000/7 PRQ.ECT NO, 97166 REVISED DATE: JULY 3 2002 CJ<XJ næ 9 186 2 ",m 1 <T EXHIBIT I \' A - {" "". ....., RESOLUTION NO. 04-48 A RESOLUTION ACCEPTING A TEMPORARY CONSTRUCTION EASEMENT FOR CITRUS A VENUE ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that: The foregoing TEMPORARY CONSTRUCTION EASEMENT is duly accepted on behalf of St. Lucie County this 3th day of FEBRUARY, 2004. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman ATTEST: Deputy Clerk APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney G:\ACQ\WP\Janet\Canal D\Rowe Res. 04-48 Temp Const. Easent.wpd '" EXHIBIT G ..." This instrument prepared by: Janet liCausi under the direction of Daniel S. McIntyre, County Attorney St. Lucie County 2300 Virginia Ave. Ft. Pierce, FL 34982 PROJECT NAME: White City Drainage - Canal D Tax ID No: Part of 3409-502-0006-000/7 TEMPORARY CONSTRUCTION EASEMENT THIS EASEMENT, made this ~ day of ,2004, by VICTOR VERNON ROWE. II. joined by his spouse. CHERYL D. ROWE, whose mailing address 5805 Citrus Avenue, Ft. Pierce, FL 34982, hereinafter referred to as GRANTORS, and ST. LUCIE COUNTY. a Political Subdivision of the State of Florida. whose mailing address 2300 Virginia Avenue, Ft. Pierce, FL 34982 hereinafter referred to as GRANTEE. WITNESSETH That the GRANTORS, or 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 and drainage easement and placement of excess fill material excavated from the construction of 15 foot wide drainage facility given by the GRANTORS. Said excess fill material will be placed into the existing ditch that crosses the GRANTOR I S property as depicted on the construction plans by Hazen and Sawyer, dated 3/19/99 incorporated herein as Exhibit "B". If property is not used by the County in the White City Drainage Project for Canal "D" within five (5) year or upon completion of this project whichever occurs first, then the temporary construction easement as described in Exhibit "B" shall terminate. This Easement is granted upon the condition that the sloping and/or grading upon the '-' ...." This Easement is granted upon the condition that the slopingand/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. IN WITNESS WHERE0!Jbe undersigned Grantors have hereunto set their hands and seals this dv day of ~,J . 2004. Signed, sealed and delivered in the presence of: ~~ WITNESS -/~ ~ 12~ VICTOR VERNON ROWE ~ if rfi-~ WITNESS ~ &k-:. WITNESS (\ ~~ 'ð ~úW1 CHERYL D. R, WE c::¡I~ cß I/)c{j 7 WITNE SS STATE OF FLORIDA COUNTY OF ST. LUCIE , The foregoing instrument was acknowledged before me this.;)..() day of '~,.J 2004, by VICTOR VERNON ROWE II and CHERYL D. ROWE his wi e who produced . 1:> L 'J (type of identification) and who did take an oath. WITNESS my hand and official seal, this day of .::r::3-rJ.2-ù , A.D., 2004 .. ~~ , Signature of Notary Public ,,\~VWJ", MilClred Heins g~~~~COzrn.nïsSion II DD100419 ;~\ ¡~~ ExpJIeS April 18, 2006 -:.~..;:: ~~ J:!onaea TI1J1.1 ""IP,~,r.-~\" AtIarf'1<JlamØiOrcNtiary Pu b I i c Typed, Printed or Stamped \wf ....", EXHIBIT "A" Parcel LD. 3409-502-0006-000/7 South'l'2 of Tract E and Tract G. Plat Showing adjustment of Property Lines of Moore, Hoeflich, Bacharach, Brady and Hammond Plate Book 3, Page 64 81. Lucie County, Florida. ~ ""'" P::: .~ U ~~ z" ~~ - ..... z ~ ~ P::: !J..'-3 - ;: ~ ~i!: ~~ ¡;:j >- ø. ~ ~ · . ~ f')~~ <: ~ ~~~~~~f<~ ~ It Ï ~~~,~ ~~ ~~ UJ Q I! I>i !J.. :N .... ~ C:: ~~ ¡::¡ z ~ i\2~~~~~~ !;.¡.... Z .( ~'-3~" l¡j~~. ~~ ..... 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I ~ Vi Vi~ NI ~ = LJ ' ~ 9:: -:: ~ "'S""'~ ~. ~ ~ ~:'\ Ò , ' ~ ~l'3~ ¡ í ~l'3~'I....""~~~~~~ ~\;! z ;....1 j ....... ~ ;;¡:~ ~;;¡:~~ç:.,~ßI:>;~~S::¡~ ~ ",f::¡ ti .. ~ ,,~~ 8~~~~~~;})~~~~ ~ ~~ .. .. ë!. ¡ ¡ :I: o .. .. .. \Iw" 3 .;.r,60.00 N ,;'L 'OOrl _......u 3dOlS 3nN3^ It SnèWJ -: ~ " ...-.... -6" 3dOlS - a.. / / .....--...... I, ) I ' ./ '-ý/ . _ ",i. "', N":. r··m_.m... -.------- "', ";. HJ.HON - r--- j ¡ , L._ I r....~::-=; i ,... ....) ¡ ....I <oJ '" a: ioi'" 0° U ~ cn:~ o ~f5~vi~ ...z¡: a.: ~25~~ci L.oJUII'I"'~ .¿> I <oJ ~ me:: ~~~.,¡ ð~~~ VI Z un- m._...¡...._. __..ono__, u Z 0 1-04 Z ~ . ¡¡: ¡ >< >- ¡¡. .. if ~ ~ ~ ~ ~ ~ (J ::3 0 .. z z I:i >- >: ~ i ¡¡¡~ ..I E-<a: ,- ~ ~ Ii ¡:¡;¡ ~ PI ~ \,.¡ ~ ~ ~ ~ ~ '1; ~~ ~~ ;>:: ì:J ~I ~ ~ ~ ì:J '1;~ ~~ ~ ~ ~ 9..... 92~ ~~ ~~ c::s~ 'J~ ~~ ~~ 'J~ s::J~ ~:.... "'~ ~~ ~~ ~ V) ",) r-,\""'~ ~ J / . ¡"" 3oci;. ....-fL-- ..~ : /F, '" '7! / / / I / ,/ / i /' // / ! / / : / / / i / / i / ,../ / ¡ /// ! ,/<,/" / /,/" ..,..,/ / ~' / //./ :" /. <v /,"" ~'9:;'?~ / / 1b<0) // /~ I I .I I I / I I I I,' / I / / .I / / I /'/// / : 1/.1// / : I / Pi .iÍ~~/' . / ."···V'/ I ;j,~/,I . /~ - Ir \...t "wi " AGENDA REQUEST ITEM NO. C-4B DATE: February 3/2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUN1Y COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney Daniel S. McIntyre County Attorney SUBJECT: South 25th Street Roadway Widening Midway Road to Edwards Road - Temporary Easement Jerry and Margaret Davis - Tax LD. No. 2429-444-0002-000/1 - Parcel 716 BACKGROUND: Please see attached memorandum FUNDS A V AILABLE: Funds are avai lab Ie in 101006-4116-561007-4108 (Transportation Trust IImpact R/W) and 101006-4116-561002-4108 (Transportation Trust IImpact Abstract ITitle) 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. RECOMMENDA TION: Staff recommends that the Board approve the Purchase Agreement with Mr. and Mrs. Davis in the amount of FIVE HUNDRED EIGH1Y and no/100 DOLLARS ($580.00) as shown on the attached sketch and legal description, 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. It] APPROVED [ ] OTHER: [ ] DENIED Approved 5-0 Do las Anderson County Administrator COMMISSION ACTION: [XX] County Attorney: (A' J'fV'.f,.. Review and Approvals [XX] Public Works Director~ [ ] Road & Bridge: [XX] County Engineer: Mil? [XX] Originating Dept,: [ ]OMB: Finance: (Check for Copy only, if applicable) Eft, 5/96 G:\ACQ\WP\JoAnn\25th Street\Davis\Agenda Request,wpd ~ ...." INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney DATE: February 3, 2004 SUBJECT: South 25th Street Roadway Widening Midway Road to Edwards Road Temporary Easement Jerry and Margaret Davis - Tax I.D. No. 2429-444-0002-000/1 - Parcel 716 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 August 22, 2003, an offer was made to Mr. and Mrs. Jerry Davis for a Temporary Easement in the amount of $370.00, 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 Easement is for tying in and harmonizing the existing driveway with the proposed road improvements. Subsequent to the County's offer, Mr. Davis indicated to the County's Right-of-Way Consultant, Brian Mekarski, that they would execute the agreement upon confirmation that the proposed slope of the driveway would allow ingress and egress of their 30' motor home vehicle. Upon reviewing the proposed design plans for the driveway, it was determined that the motor home would "bottom out" unless the area required for tying in and harmonizing of the driveway was extended. Recently, the County's Design Consultant, Inwood Engineering, has revised the design of the driveway to accommodate the motor home vehicle, thus increasing the Temporary Easement area from 867 square feet to 1,550 square feet. ~ ...",.¡ Page 2 Jerry and Margaret Davis - Tax I.D. No. 2429-444-0002-000/1 - Parcel 716 On January 22, 2004, Mr. and Mrs. Davis submitted a counteroffer in the amount of $580.00, which represents a $210.00 increase over the County's offer. The counteroffer difference corresponds to the increase value of the Easement due to the enlarged area required for extending the driveway. 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 Easement, the estimated value of the Easement would be $580.00. 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. Davis and provided him the approximate value of the Easement for the counteroffer amount. In theory, the Davis' are agreeing to the County's value if the Value Finding report was updated. RECOMMENDATION: Staff recommends that the Board approve the Purchase Agreement with Mr. and Mrs. Davis in the amount of FIVE HUNDRED EIGHTY and no/100 DOLLARS ($580.00) as shown on the attached sketch and legal description, authorize the Chairman to execute the Purchase Agreement and direct staff to close the transaction and record the documents in the Public Records of St. Lucie County, Florida. Respectfully submitted, Daniel S. McIntyre County Attorney G:\ACQ\WP\JoAnn\25th Street\Davis\Agenda Memo,wpd ~ 'I , . \ ---------~~~----~------- .....~'2..~I\· (/33-<XiOHJOO/9) 45.65 At 142f-(J{)()/-QOO/3) 9,67 At 1.)47.0 (43/-0030-000/6) 35.76 At TEll MilE CPEEf; . ~ È (43/-<XJ60-000/5) 42,311 AI; ...",¡ 4'20.7 .. ,60 ~. H5.74: N ~..l R[,[, ~ ~ (4/2-()()()/-()()()/5) 6,22 At (4/2-QOO2-QOO/2J . 7,71 At ~ ~ ~ " .::. c- o>: -' t" Z ~ ,. 0' ~ 0 (442-000I-OOO/BJ 4.33 At ..., I4I/-CIOO4<JOO/3) 10,18 Ac '"0''' ..., 144/-0001-000/5) 4,54 At ,70'!: .... (44HJOO2-/00/JJ 1.64 .... ':i04.DJ:t 144/-QOO2-000/2J ':!a04.3~ . 0:1 (44HJOOJ-QOO/9J 070> .ou :.ell.'" : ¡¡ t.3O Ie ~~ _------~F~----- --------- . o' ....>0 J3.Oð IV:. P!!EPAAED fll! .~ ¥>d':~ IIID..ASS. P'IfnMM ST. ~IE auør PIUÐITT ."."ISER ~ìi'. ~M(Ç~~ (Ç@M~ìi'W, ~~(Q)~~@~ ASSESSMEN T MAP SECT ION S 1/2 OF 2t 1MIS ... ~.S IEEO I'II[P&A!J FOR a ST. L!5J1 ClUffT I'NIPEI!TT ::P:t~5!~ ~u:"~i.r~t ~I ¡~ ~m~I~~T TOWNSH ] P 36 S ~¡¡.~'~¡:~$PON$laIL\~ OR'1iìiiRS OR OIfISSIIIG RANGE ~O E o ... ~- ¡; " ,. .' V1 <t) N .... ... N I- W w 359 :;¡: V1 w w V1 ?OO >DO ... , SHEET NUIlIER ~~~ /"~®~ P.~.1cI2 "-" ...." St. Lucie County, Florida PURCHASE AGREEMENT STATE ROAD NO,: PARCEL NO,: fíl'i (s. ?'ith Strppt) 71fí THIS AGREEMENT is made by and bet','een: .Terry H. Davis and Har~<tret DRvis. his wife hereinafter referred to as SELLER and the ST. LUCIE COUNTY for the use and benefit of the St. LUcie County, Florida, hereinafter referred to as the PURCHASER, vVITNESSETH For and in consideration of the mutual convenants and conditions herein contained, SELLER hereby agrees to sell and PURCHASER hereby agrees to buy the following property or interest therein, upon the following terms and conditions: I. DESCRIPTION (a) .Real estate or interest therein, identified as parcel 716 and shown on Right of Way Maps for PROJECT: S ? C, r ¡, S r r p p r incorporated herein by reference. D Fee Simple D Permanent Easement (Section III.(b) does not apply) Ji1 Temporary Construction Easement (Sections III.(b, c and d) do not apply) D Leasehold Interest (Sections III.(b and c) do not apply) (b) D Personal property identified as follows: N/A (c) D Outdoor Advertising structure identified by permit number: N/A (Section IIL(b and c) do not apply) ~SiO .oc. ~ , ~~fLfJO S II. PURCHASE PRICE (a) Amount to be paid by PURCHASER to SELLER at closing including fees and costs, (b) Amount to be paid by PURCHASER to SELLER upon surrender of possession (c) Itemized purchase price, fees and costs ~$ 0 ~.ø Land and Improvements -eo- 3~O-l\\¡ ø GpO Real Estate Damages $' - (Severance/Cost-to-Cure) $ Business Damages $ Attorney Fees $ Appraiser Fees S ODA Structure $ Other $ ( Specify) $ 11580 .00 ~ ... '::!'TV. ÕÔ (Specify) TOTAL PURCHASE PRICE INCLUDING FEES AND COSTS III. CONDITIONS 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 condrtions contained in this Purchase Agreement and constitutes the effective date of this agreement. a closing on this contract shall not be transacted prior to ñnal 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, o SELLER agrees to pay all taxes for the current year. Page 2 01 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, -....... ...,.J (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. 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, 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, (e) (f) Other: (g) IV. CLOSING DATE . This transaction shali 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 tinal 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, 1311 addenda must be signed by both the Seller and Purchaser. There 0 is 0 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), SE~~Th t!2-~Ly- Signature \ Date --- ;) e..Y-Y---I rH' Do... v .\5 Name (Pleasè Type or Print) Social Security # I Federal Tax 1.0,# CONDITIONAL ACCEPTANCE BY PURCHASER ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS BY: Name (Please Type or Print) DATE: N me ype or Print) Social Security # I Federal Tax 1.0, # en~~D!3J~D~~~~ VII. FINAL COUNTY ACCEPTANCE IN WiTNESS WHEREOF, St. Lucie County has caused these presents to be accepted this - day of ,~ BOARD OF COUNTY COMMISSIONERS, CHAIRMAN -...., V) --- ~ ~ CJ H- 8' I I I I I I I I I I I I I I I I I h I : 1 ¡ I ' :\() : ¡:.1 I ' I i I : I : I ' I : I ! I : I : I , I I I \ I \ I : \ : \ : L__J \ I I I I I : I I I I I I I I I I I I I I I I I ~ .. ltJ u -- f- ~ 5ltJ ::;;~ ~'<J: ~~ ~. r<)u it Ì£! f-- <: ltJ ::::;; ltJ V) '<J: ltJ Cl ltJC) ltJltJ C)V) I:;;: lr)ltJ C\JO::: ..., ~\~ .1\ ! ~ ---- I I I 1 I I I I L---I/ .~~ I / èS: 5 /1/ f I \ ~(. I _~ ,? ~ = ~I~! ---- i' i I i II ,I II .1 Iii II, I, ,I, ',1 1,1 ,I' Iii I (i: 1 \!I '.--- ì ! ~ , ~\\. L ~ tif ~ ~. !I ;1 :1: ¡Ii ," !II ii 11i ¡I! jl¡ ili ill -x .."", , I I I I I , , , . I ¡ : :c:, r: " . I :! " I, I, I, I, 01 I, :r I, ~ I. n;': '10" ; , , , I c:b æ I I ·l)t I I I , I I , , I I , , Ii II I I I I I "---- >- ;;¡!~ æo: V)C> "'" ( I I I I I I I I I I I I I I hi ::a::I '5i ~ õ:j lc.1 q ~ I I I I I I 1 I I I I I I I I I I I , I I I I I / I I I , , I I I , , , I I , I , , , , I I I I LEGAL ~SCRIPTION ~ TEMPORARY CONSTRUCTION EASEMENT (T.C.E.) 716 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 PARTJCULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 29; THENCE SOUTH 87°27'59" 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 RELATJVE THERETO; THENCE NORTH 00°04'20" WEST ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 41.39 FEET; THENCE NORTH 02°04' 14" WEST, A DISTANCE OF 265.86 FEET TO A POINT ON THE SOUTH LINE OF A PARCEL OF LAND DESCRIBED IN OFFICIAL RECORD BOOK 801, PAGE 2737; THENCE CONTINUE NORTH 02°04' 14" WEST ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 57.09 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED TEMPORARY CONSTRUCTION EASEMENT 716. THENCE CONTINUE NORTH 02°04' I 4" WEST ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 48.17 FEET; THENCE SOUTH 87°55'46" WEST DEPARTING SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 18.00 FEET; THENCE SOUTH 02°04' 14" EAST, A DISTANCE OF 48.17 FEET; THENCE NORTH 87°55'46" EAST, A DISTANCE OF 18.00 FEET TO THE POINT OF BEGINNING. CONTAINING A TOTAL OF 867 SQUARE FEET MORE OR LESS. G. MAR IN BURDETTE FLORIDA 1URVE/OR AND MAPPER DATE: ..z.(l~ 05- BURDETTE 8 ASSOCIATES, INC. · 4 I 36 LEGAL DESCRIPTION AND SKETCH T.C.E. 716 PREPARED FOR, ST. LUCIE COUNTY, FLORIDA BURDETTE & ASSOCIA TES. INC. 2295GENESEA LANE VERO BEACH, FLORIDA 32963 (772) 231-8750 ...\PARCELS802\tces\tce716.dgn 02/26/0302:54:08 PM OFFiCE, CHECKED, E.G. a.M.B. FJELD BOOK, SCALE, NOT TO SCALE OJ. TE, JANUARY 2003 DRAWING NO., 615TGE716 OF SHEET 1 3 ~~N 60 30 o GRAPHIC SCALE - FEET 8eoíing 80s1s: South Line of Section 2 (S 87°27'59" W) POINT OF COMMENCEMENT S.E. CORNER SECTION 29 N=1113951.115 E· 867109.272 NOT FOUND EX]ST. WEST R/W LINE - N 02°23' 50" E P.]. STA. 118·58.26 _ - + ~ WR-VH -57Ff;- ßt5- (SOUTH 25TH. STREET): 6.:02°45'11" (LT,) N: 1113952.227 E: 867116.099 FND. PKNL8W "LB6449" -------- 60 <J1 <J1 rr1 ¡-r; n n --I ---i 0 0 :z :z VJ N N cD <J1 c:P -.J 0 N -.J . U1 cD , :::E co NOTE, ~ BEARINGS SHOWN HEREON ARE BASED ~ ~ ON FLORIDA STATE PLANE COORDINATE ~ ~ SYSTEM, EAST ZONE, NORTH AMERICAN:-' : DATUM OF /983/1990 READJUSTMENT.~ m THE SOUTH LINE OF SECTJON 29, ~ TOWNSHIP 35 SOUTH, RANGE 40 EAST~ BEARS, SOUTH 87°27'59" WEST AND ALL z OTHER B-EAR1NGS SHOWN HEREON ARE 1""'1 RELATIVE THERETO. S.E. 1/4 OF THE S.L ~ SECTION 29 TOWNSHIP 35 SOUTH, RANGE 40 EAST ABBREVJATIONS / LEGEND. B ' BASELJ NE C . CENTERLJ NE EXJST. . EX1STING FKA . FORMALLY KNOWN AS FND. ' FOUND N.S.L.R.W,M.D,· NORTHERN ST. LUCIE R1VER WATER MANAGEMENT DISTRICT : POINT OF BEGINNING · POINT OF COMMENCEMENT · RIGHT OF WAY · SOUARE FEET · TEMPORARY CONSTRUCTION EASEMENT · OFFICIAL RECORD BOOK · PAGE P.O.B, P. Q. C. R/W SO. FT. T. C. E. ORB PG. I"""""" ~ '\I ./ ./ ./ /g; I . / I 40' \ :z LNo:> <.0 - . OJ ~ m rT"1 ..,j ::: I ' , - LI1 r ' :-' r :E c::o " :E J> < [ïl PREPARED FOR, LEGAL DESCRIPTION AND --- --' -....... <J1 "" \ - - - \0' v>\ I I I \ \ \ I \ · SUBJECT PARCEL EXIST. WEST R/W LINE / -....... ADDI110NAL RI'tI v ORB 125. PG, 2990 N 02004'\4" W / 2&5.8&' ¡L SECTION L1NE I \ N 00°04'20" W \ ?JJ __L2J - A o e. SURVEY N 00°\3'19" W ¡:-- S.R. 5\5 T) - (S~_2~Jh~_STREl._- ~ --- [ïl I N 00° 13' 19" W EX]ST. EAST R/W LJNE ~ :z m ) !TH]S ]S NOT A SURVEY! T.C.E. 716 SKETCH ST. LUCIE COUNTY, FLORIDA SCALE, OfFICE, CHECKED, E.C. G,M.B. FJELD BOOK, BURDETTE & ASSOCIA TES, INC. 2295 GENESEA LANE VERO BEACH, FLORIDA 32963 (772) 231-8750 ...\PARCELS802\tces\tce716.dgn 02/26/0302:54:30 PM DA TE, NOT TO SCALE DRAWING NO., 615TCE716 OF SHEE T 2 3 JANUARY 2003 P.O.B. P.O.C. R/W SO. FT. LC.E. ABBREVIATIONS I LEGEND. ~ . BASEL INE ( . CENTERLINE EXIST. . EXISTING FK A . FORMALLY KNOWN AS FND. . FOUND N,S.L.R.W.M.D.· NORTHERN ST. LUCIE RIVER WATER MANAGEMENT DISTRICT , POINT OF BEG1NNING · POI NT OF COMMENCEMENT , RIGHT OF WAY · SOUARE FEET · TEMPORARY CONSTRUCTION EASEMENT · OFFICIAL RECORD BOOK · PAGE ~~"'~~ . SUBJECT PARCEL 43.74 ' .".-, +~N 60 30 o 60 S.E. 1/4 OF THE.....,#-. 1/4 SECTION 29 TOWNSHIP 35 SOUTH, RANGE 40 EAST IORB 1316,PG.1081 EXIST. WEST R I'll L! NE N 02001\' \ 1\" 'II N 87055'46" [ /8.00' POINT OF BEGINNING 57.09' EXlS1. WES1 R IW Ll NE TEMPORARY CONSTRUCT ION EASEMENT 8 867 SQ. FT. 716 5 2004'/4" E 48. /7' GRAPHIC SCALE - FEET 48. /7' N 2 ° 04' I 4" w DETAIL ORB PG. 10RB 288. PG. 23171 :z 00 c;: .... '" '" 00 , ~ EXIST. WEST R I'll L! NE t=L \ ,_ .L. ~ » -1 n :r I N 00°13'19"'11 \4B.54' ADDITIONAL RIW k-: ORB 148. PG. 247~,OO'(.Q.!J EXIST. WEST \ \ R/W LJNE SEC110N LlNE ! I 23 N 00°04'20': W \ 24 L 2615.IL__- SEC110N 29 -- Z rrl .b _ _ _ _ _ _ ~E-e-1îO~ZS- - - - - -¡ SURVEY '- ----s: R. 6 IT5REET) 0 N 00013' 19" W (S 25 t h . S -- 26\4.06' __~----------- N ----~~ONA~~~------- 0 (WIDTH VARIES) N 01°1\6'32" 'II EX 1ST. R IV! Ll NE NOTE. BEARINGS SHOWN HEREON ARE BASED ON FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERJ CAN DATUM OF 1983/1990 READJUSHÆNT. THE SOUTH LINE OF SECTION 29, TOWNSHIP 35 SOUTH, RANGE 40 EAST BEARS. SOUTH 87°27'59" WEST AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO. I---' ¡THIS IS NOT A SURVEY LEGAL DESCRIPTION AND SKETCH T.C.E. 716 PREPARED FOR, ST. LUCIE COUNTY, FLORIDA BURDETTE & ASSOCIA TES, INC. 2295 GENES~A LANE VERO BEACH, FLORIDA 32963 (772) 231-8750 ...\PARCELS802\tces\tce716.dgn 02/26/0302:54:53 PM OFF/CE, CHECKEO, E.G. G.M.B. FIELD BOOK I SCALE, NOT TO SCAlf OA TE I JANUARY 2003 DRAW/NG NO., 615TGE716 or SHE[ T 3 3 · .... . '-' 'tr"J ~ AGENDA REQUEST ITEM NO. C-4C DATE: February 3, 2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney Daniel S. McIntyre County Attorney SUBJECT: South 25th Street Roadway Widening Midway Road to Edwards Road - Temporary Easement Dennis and Sharon Passman - Tax LD. No. 2429-444-0001-000/4 - Parcel 717 BACKGROUND: Please see attached memorandum FUNDS A V AILABLE: Funds are avai lab Ie 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 Mr. and Mrs. Passman in the amount of FIVE THOUSAND ONE HUNDRED SEVENTY FIVE and no/100 DOLLARS ($5,175.00) as shown on the attached sketch and legal description, 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. [)fJ APPROVED [ ] OTHER: [ ] DENIED COMMISSION ACTION: Approved 5-0 Dou las Anderson County Administrator [XX] Originating Dept,: Jf'i../L Review and Approvals [XX] Public Works Directo~ [ ] Road & Bridge: [XX] County Engineer:~ [XX] County Attorney: ~, [ ]OMB: Finance: (Check for Copy only. if applicable) Eff, 5/96 G: \ACQ \ WP\J oAnn \ 25th Street\Passman \Agenda Request.wpd r '--' ....." INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY. FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney DATE: February 3, 2004 SUBJECT: South 25th Street Roadway Widening Midway Road to Edwards Road Temporary Easement Dennis and Sharon Passman - Tax I.D. No. 2429-444-0001-000/4 - Parcel 717 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 January 13, 2004, an updated offer was made to Mr. and Mrs. Dennis Passman for a Temporary Easement in the amount of $4,675.00, 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, MAr, as required by the Department's procedures. The purpose of the Temporary Easement is for tying in and harmonizing a new driveway with the proposed road improvements. The Easement consists of an area of approximately 1,361 square feet. A new driveway is being constructed in order to replace the existing driveway, which is situated in close proximity to a large oak tree. To minimize the potential impact to the oak tree, it was determined to relocate the owner's driveway approximately 20 feet to the south of the existing driveway. There are several site improvements (fencing/gate, two brick pillars with lighting) located within the Easement area that will need to be relocated or replaced due to the construction of the new driveway. The total cost-to-cure for the site improvements was estimated at $4,175.00. An additional $500.00 was included in the offer for the value of the Easement, thus the County's offer of $4,675.00. '-" ""'" Page 2 Dennis and Sharon Passman - Tax I.D. No. 2429-444-0001-000/4 - Parcel 717 On January 20, 2004, the Passman's submitted a counteroffer in the amount of $5,175.00, which represents an increase of $500.00 over the County's offer. The increase is for attorney fees that the Passman's incurred with the County's acquisition of the Easement. It should be noted that the parcel is being acquired in accordance with the Department's procedures, which by Florida law entitles the property owner to certain rights including the reimbursement for attorney fees and other fees that the owner would incur associated with the County's acquisition. If this parcel proceeded to trial, the County is exposed to a possible jury verdict in favor of the owners, additional expert fees (owner and County) and court costs that would definitely exceed the $500.00 difference. The County's Right-of-Way Consultant, Brian Mekarski, recommends the County accept the Passman's counteroffer. RECOMMENDATION: Staff recommends that the Board approve the Purchase Agreement with Mr. and Mrs. Passman in the amount of FIVE THOUSAND ONE HUNDRED SEVENTY FIVE and no/lOO DOLLARS ($5,175.00) as shown on the attached sketch and legal description, 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, G:\ACQ\WP\JoAnn\25th Street\Possman\Agenda Memo,wpd --.,. ...." I ---------~~~----~------ ~. 4~.1..:!: )04," 410.7 ....UO N ::..L R[o.f- (,M-.j,ol,! NO 1(1 - " , a'4..~_~· 130: ~ ~ ~ 14/2-(J()()/-(}()()/S) 6,22 Ac 1133-000/-000/9) 45,65 Ac 14/2-(J()()2-OOO/2) 7,71 Ac (T,. '" ~ g -' ·r ;¡ 14/1-<XXJ4.COO/3) 10,18 At: . o . ~ 142/-OOO/-(J()()/3) 9,67 Ac w c:. '" 1..0· .... )3>+ 1.}4:l.0J z 144/-000/-000/51 4,54 Ac 170:!: .... ~ . ..'- 144HJOO2-/00/3) 1.64 Ac 2 ! ,,,o~ '!a04.D3~ 144/-(J()()2-000/2J 1.65 Ac ! 1)4.32"" 'Ot 1442-000/-000/8) 4,33 Ac 144/-(J()()3-OOO/9) 14J/-OOJ(H]()()/ö) 35,76 Ac "'" ...... .." *.'" ~ . ~ 2 T(I/ MilE CREEf,: + S 143/-()()ó(}{)()()/5) 42,38 Ac 9.30 k 130~ __-----.¡;¡;F-------- ---------- . ,- ...... JJ_Oð Ac , ... ",,--- PR£PARED FIJ! .~ ~~. ~W~~~ ~@W~'irW, ~~(Q)~~~~ ASSESSMENT MAP SECT ION S 1/ ~ 01= 2G ~'~R~j'S~~~ ~~ ~SS~l!~~ .~TR£~ ..r .. 'CTUAl ¡~.vsT, TIIE""r. Luc,gêOUNfT ~~ÃTŸ'~íWi' TOWNSHIP - S gg¡¡.r.tD HlIi'ttc~SP(IISI'ILln ~CI< EIIØ!S !II IIIISSICICS £0 E RANGE ~ ¥:>/~ IIUU.S s. PIJTJIIMI ST. W:(E au.TY PRJIEITY """ISÐI "~I í1 ìí - " II"> «) '" -... ". '" t- W w 359 I V1 W W V1 700 >00 ... , SHEET NUIofIER ~~~ /"~®~ ~ r"'Ut-l<"';~I"'\.e..~ c..'~-'''''~Ir;~'11 ..., STATE RO;:'.D ~:O,: PARCEL r,:o,: f, 1 ') (" 7lì ?::;r:.b ~rr;1~ --~ THJ3 ';G~~E,'.1=~,tT is r.,¿oj,,: 'oj é):)d b,"~.·¡~2,'1 n;.,..." .i..s-...~.E.? ::: C;'~?" ?" d 5.h":- (\" r :' ;0 :: c:; 'i';l ':" r ; c:; ".:ii..~_ r,2;2:,¡:!:;¡:: r2~,n2,j t:;¡ as S::'LLER ~".j t:,~ ST. LU:i= CO:J,'·:ïY ¡J: th~ us:: <J;-¡j t:;',=~:, c: \:-'2 S: L'_~:; CC~~~i, ¡::,J;;C~, h~:ë¡,U,":~: r,,:2:;¡:d tJ 25 t:,~ PU~C:-L~SEP ....JITNESS~TH Fa. a...,j i:¡ cOíls::eía:ion of (.,-= r.õ'Jtuz; C0.1-:2,1,3,':5 ¡;;¡,j C;j.I.:1,~I0.15 h2;ein c0.1t:li"~é. S::'LLER t!":~'::1 ;:;'2;:S t,) 5~:i 2,".: P;F:C-i.~\S::.~ h¡::eJ:/ a~íees toJ b~lJ' the f-.Jilo',',ing p,'op:g¡y 0: ir::2:e-s: t~e:¿i:1. u~on th~ f,J:lo,,·.i:1~ (2)Ï11$ z;1d cO¡Î,i:::-,5 I. OESCRIPTIOi'J (a) .;~:1! e5~:l:~ OJ i:ìt~rè5~ th2;~i¡Î, id¿n~j{;~j as P3(c:?1 71 ï ê&1j 5.~':-",--; 0.1 ~~~:1~ c:\;'/~¡, 1'.f.a,:Js f;)t P.~:::>J~Cï: 5 ?::; r- h c: r r:. ~ ~ ¡"coõ?oõat2d h¿rein bi re:2:¿n:e, o F2€: Si.'7\pl¿ o P¿;man2nt Eas~m8,lt (Sect;oi'. I::,(::,) Ö,05 r.~t z¡:Jpl,') Ii Tem¡:Jorary Con5~íuçti":>¡Î (,a5¿m¿nt (S¿:t'lJn5 lil.(O, c a,lj C:j C.:J r\J, <I,Jpi)') o Le2.5e;'¡old 1;1:,,;25: (S"ctions líl,{::J a;¡d c) C::I r.o: ~;:>P':i) .,(0) 0 p¿;5~n3! P:O,::>2:-t/ id::1èlii2: a5 I.)ilo'.'.$ r; / :\ (c) 0 Ot.JtjJvr hCv-E=rtisin·,; S:;'"U':~;,;í= j·~~;"¡ti;í¿:·= by P:;',"T:;: ntJ;·:~b~:· ~; I." (S.;:':t:~-' (J end c) CJ n~: 2;:',:':/) II. PURCHASE PRICE {a) Amount to be p2id by PURCHAS~R to SELLER at closir.g hcl'Jding {:?¿5 and C::I::5 (b) Amount to be paid by PURCHAS~R to S::LlER upon surrence; of possession (c) t¿mized purchase price. f¿~s êJnd C05:5 LS;1d and Impro'l"ments Real Esta~e Dar.1~ges (S everancelCo st-~o-Cure) Business Damages Attorney Fe2s Appraiser Fees OOA S~rut;ture Other $" 17)--- {/7J S~ S - .- 0:-00 /Jðf:J ~~ 500.00 ¿, 1 7" 00 s s s s s s s s 'SCI7J-r..v ~vV ( Specify) s ~I 7), OV JJrJo v .;~, S~O ( Specify) TOT AL PURCHASE PRICE INCLUDING FEES AI"IO COSTS III CONDITIONS AND LIMITATIONS (a) It is mutually unders:ood t~at e:-<;¿cu(ion 01 this Purchas!! Agreem!!nt bl P~RCHASER constiMes co,¡cltional açcp.~tançe and is slJbj!!ct to nnal ag!!ncy a':ce¡:>tance, Fina! ag~ncy acc.::pt~,~:.:: s~al å:not.:: f;õ\a! appro'!::; of t:;e purchasp. price an aU tarms and conditions cont::¡in!!d in this Purchase Agre=m:::~,~ ao1d constitutes t;1;: eh':çti'l? d::~e o~ this agreement. a closing on this contra<::t shall r\Ot be transaçted prior to fini!: agency accepta.lçe, ~' otic¿ of finz! agency açce?tance shall be e'/idenced by the signa:ure o~ the Purchaser in S:ç~¡~r: VII h2rein and delivery to S::LlER not sooner than 30 days Irom thp. date of the negotiator's signature in Section VI, t·; / ¡.. (0) S~LLER is resjJonsibl.:: for all t:!:<!!S d'J!! arid owning on the property as of the c:!:.:: 01 closing o SELLER agr:ês tha: all cu;ren: ta;<es for tM2 y.::a: in which t~is a9reeõr,.::n~ i:. r.,:!~e on th: prope~y a:quir:c shall b.:: I p(orate~ and SELLER agre.::s to paj his ailc/or r,;:: share o~ s3id prorat.::,j t~,:::¡ a3 of th~ ca!e of closing I o S~llER as;re~s to pay 21: t3:<~S (Oõ lh¿ Cl,;rren~ Y~ÇJr I I ! ; :) j) e) :0 (g) IV, ~ SELLER is responsible for de~lverjng unencumbered title to PUKCrlA::':::~ èn \../U;"":¡ ''''I ~ expend to clear encumbrance5 shall be dedu:ted at closing f.om l~? purchaser price shown L~ S~ction II. Seller shail be liable for any existing encumbrances or any encumbrances arising a~er closing as a resuli of actlci,s of the seller, The terms of this sub-se:ction shall survi'/e the closing Any extension of acceptance beyond the d3teof closing must be authorized by the PURCHAS::R in writing, During the period from the date or closing until the SELLER surõanders possession to the PURCHr\SER, the SE.LLER shall exercise diligent care in protacting the property from theft and vandalism. All property, whether real or personal, ii,eluded in this agr¿ament shall be delivered to PURCHASER in the same condition e:(isting a5 0; the eHedjv~ date of this éJ;:~:!:ne:1t, less any reasona~l:? \'1;3: and taar, It is mut'.Jal1y understood that this property is necessary for transportation purposes and is being acquired under threat of condemnation, pursuant to Section 337,2ï, Florida S:atutes The, outdoor ad\lertising structure owner shall proV1de an executed OOA Permit Cancellation(s) executed by the permit holder(s) and shaH surrender or account for the olltdoor advertising permit tag(s) at or prior to receipt of pa1ment for the OOA structure OCher: CLOSING DATE . This transaction shall be closed and the Instrument of conveyance delivered within 60 days QI the final agency acceptance, o This transaction shall be closed and the receipt of warrant acknowledgement delivered \'I¡:~¡n ôO days of the date of final agency acceptance. v, TYPEWRITlEN OR HANDWRITTEN PROVISIONS VI. Typewritten or handwritten provisions inserted herein or attached hereto as Addenda, and initialed by all parties, shall control ail printed provisions in conflid therewith, All addenda, whether typev/ritten or handwritten, ahached hereto must be referenced and initIaled in this section In addition, ¡:¡II addenda must be signed by both the Seller and Purchaser. There. is 0 is not an addendum to this agreement. IN WITNESS WHEREOF, THE SELLER(S) ha'le caused the5e presents t:) be executed in th~ir respective name(s), SELL~?_ (.... '2.""""''"' CONDITIONAL ACCEPTANCE BY PURCHASER Signature Date ST, LUCIE COUNTY o ,4 tA--sÝ'1IJ1/ BOARD OF COUNTY COMMISSIONERS Name (Please Type or Print) BY: Social Security '# I Federal Tax 1.0.# Qj~ßGr!:JrtJG6cìgcb :5~o-~ ~~-:...,. Signature l-:J,..O -()t.{ -" Name (PleaSe Type or Print) Date 'S \.rv;{ \,- ð V\. ('/ \=) 12 ~ ~"'- Name (Type or Print) Social Security # I Federal Tax 1.0 # DATE: ¡g ~ [S"8 ~ [ïj G ß [g @ill VII. FINAL COUNTY ACCEPTANCE IN VVITNESS \¡VHEREOF, St. Lucie County has caused these presents to be a-:cepted this _ day of , ------ BOARD OF COUNTY COMMISSIONERS, CHAIR/vtAN ..... ..., Addendum to the Purchase Agreement for Parcel 717 (Temporary Easement) It is understood between John and Sharon Passman (Owners) and St. Lucie County (County), that the County win complete the following conditions during construction of the new driveway at no expense to the owners: 1. Demolish and remove the two (2) brick pillars located at the existing driveway entrance. 2: Remove the portion of the existing driveway that is not part of the new driveway alignment. 3. Upon removal of the existing driveway, the County will replace that area with sod. *---. ......, """" PASSMAN I 3711 S, 25TH ST, !" 1-: _' /.)/ ~i,i~' t,: '« -~- ~ -t:è1!:' ,- APPROXIIIATE ~:;7-- OF EXISTING STRUCTURE LT ( CURVE CLS) I PI 51a. = 12~+õl.56 ' Oeila =,. ~5' 16" rRTI ; T = 210,70 ;,,¡rt\ L = 421.36 ! \[:i,\f', R '" IJ,759.95 I __i-_~-----J>{?C Sla. = 122+56.97 I ". \, 1T Sla, = 125+78.JJ i " I I { ¡ 3695 S, 25Tf I . ¡ ¡ 31,S' / ~ / '~,~~ LT ""'/ ~I SAW ClJ T +62,58 +05,0" '1 J.10 LT~ 176./J LT R/W LINE I I ~ lJ7LFor--., ~ J6" PIPE \'\ " i I I 109LFor ]6' PIPE .~ 6' ëóÑc. 5/W - . -~ .....-.. ,..- ..- ~- -- - C';';'-." . '.-~ C & G TYPE F , ~. .- -- ... - - -+x'" - -- - - - - _ _ _ --- .. C ~f~ TYPE F , -- - -- - ££'f'r f;;¡ië7:iiT - - - -- Q.. !;:;¡~ IY tJ~1!J:~: ,_ I . - - --- -.--.. -.- _0 - -- _ _ _~ \ ~F11J.J..l / ,. ::::; ·-~·.·I ŒN! ( /' r ¡ ¡ l- ._-- -- - - -- - - ...-- - -=--=--~ -i+§~¡---tT'-=l.. -------------~:___)I \ ! \ .. - _.~ .- -. : ~~!; , ..- ~.I':'- - -- :r-·- --:::;'--- - \ <;- ._\ ._._---~~----------~ ._-------~-----------~ C & G TYPE F -------.------$1<- -,., - -- -.C.& _GJrf?E. é.. -. -!:C.~. _ _ .. ..--_..~--_.._.~. =' ,"~ :-=',':;1 6'- CONC."S/W- ,. "':t.- - J I I , 32" LF OF ~ñ' ~ -, .. o' .....:{;,.. ,_ ,24,"zJ8·__..p..u_______ :)(---uo··-~:..:.:.::.:.:.::.;l....:.-.::· , -,._._____.--..__ " ELUP, PIPE _. -.I -~¡~ -- ! RN <mE ~: '" I 13760 S, 25TH ST. t!i: I I I I _____J /3690 S, 2 .-, _. .. - ---- -_.,- .-- -- -- .. - - - ....- -- ----- .-- --- --- --_._- -. -. / -PROFIL£ GR-'l)£ LIA \: -. - u__ ., ---- - --- I-- _. - _.,. --C'-~ -- ----- - _.. - ~,... _. - - - - .-.. - .,- - -, - ,- - .- ,~ ----..~--. ------. - ~- -,. - - ,.- ,- ---. .-- ---_. ~\' -. - .....- ....- '~..::~::-_- I::=='~--- -------- -..------ -------- -------- ---~---- -------- 0_- __ -------- ...----...- ------- -------- WS PfIOflll -Ž~·.rl3;-£U.iP,-·þIPE 1--- . , .~.." -I lr 18" PlfE -- -, _. COi'1 S T p' ~~ .rJ8~, EL IP. -PIP:: - \... ....., '- AGENDA REQUEST ITEM NO. C-4D DATE: February 3, 2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney Daniel S. McIntyre County Attorney SUBJECT: South 25th Street Roadway Widening Midway Road to Edwards Road - Permanent Easemeht and Temporary Construction Easements James P. Raab, as Trustee of the James P. Raab Trust dated June 22, 2000 Tax I.D. No. 2428-233-0002-000/0 - Parcels 726/801 - Resolution No. 04-51 Herbert and Luna Rochester Tax I.D. No. 2428-331-0001-130/4 - Parcel 721 - Resolution No. 04-52 South 25th Street. LLC Tax I.D. No. 2432-444-0004-000/5 - Parcel 728 - Resolution No. 04-53 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 25th Street widening. November 25. 2003 ~ Board of County Commissioners approved the Purchase Agreements for Temporary Construction Easements. RECOMMENDATION: Staff recommends that the Board accept the Permanent Easement and Temporary Construction Easements, authorize the Chairman to sign Resolution Nos. 04-51,04-52, and 04-53 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. ~ APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 COMMISSION ACTION: Dougl Anderson County Administrator [XX] Originating Dept.: frv-/.- [ ] Raad & Bridge: tl<tI. [XX]~ty Engineer~' [ ] OMB: [XX] Caunty Attorney: Jl/ Review and Appravals [XX] Public Warks Directar:~ . G:\ACQ\WP\JoAnn\25th Street\Agenda Request Accept Permanent Easement and Temporary Construction Easements2.wpd ~ \..; ....I INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney DATE: February 3, 2004 SUBJECT: South 25th Street Roadway Widening Midway Road to Edwards Road - Permanent Easement and Temporary Construction Easements James P. Raab, as Trustee of the James P. Raab Trust dated June 22, 2000 Tax r.D. No. 2428-233-0002-000/0 - Parcels 726/801 - Resolution No. 04-51 Herbert and Luna Rochester Tax I.D. No. 2428-331-0001-130/4 - Parcel 721 - Resolution No. 04-52 South 25th Street, LLC Tax r.D. No. 2432-444-0004-000/5 - Parcel 728 - Resolution No. 04-53 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 November 25, 2003, the Board of County Commissioners approved the Purchase Agreements for a Permanent Easement and Temporary Construction Easements on Parcels 726, 801, 721, and 728. Attached for your review and acceptance you will find the Permanent Easement and Temporary Construction Easements executed by James P. Raab, Herbert and Luna Rochester, and South 25th Street, LLC. RECOMMENDATION: Staff recommends that the Board accept the Permanent Easement and Temporary Construction Easements, authorize the Chairman to sign Resolution Nos. 04-51, 04-52, and 04-53 and direct staff to record the documents in the Public Records of St. Lucie County, Florida. G:\ACQ\ WP\JoAnn\25th Street\Agenda Request Memo Accept Permanent Easement and Temporary Construction Easements2,wpd ^ '-" .., RESOLUTION NO. 04-51 A RESOLUTION ACCEPTING A PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT FOR SOUTH 25TH STREET ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that: The foregoing TEMPORARY CONSTRUCTION EASEMENT is duly accepted on behalf of St. Lucie County this 3rd day of FEBRUARY, 2004. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman ATTEST: Deputy Clerk APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney G:\ACQ\WP\JoAnn\25th Street\Raab\Resolution No. 04-51.wpd ~ '~ 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: FROM: PARCEL NO.: South 25th Street James P. Raab 801 PERMANENT EASEMENT THIS PERMANENT EASEMENT, made this7..fh day of January, 2004, by JAMES P. RAAB, AS TRUSTEE OF THE JAMES P. RAAB TRUST DATED JUNE 22, 2000, whose address is 3738 Outrigger Drive, Fort Pierce, Florida 34946, 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 the sum of One ($1.00) Dollar and other valuable considerations paid, the receipt and sufficiency of which is hereby acknowledged, hereby grants unto the grantee, its successors and assigns, a Permanent Easement for the purpose of tying in and harmonizing the driveway connection to South 25th Street being more particularly described as follows: SEE ATTACHED EXHIBIT "Au TO HA VE AND TO HOLD the same unto said grantee, its successors and assigns forever, and the grantor will defend the title to said lands against all persons claiming by, through or under said grantor. IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. 1 \w; "'wI Signed, sealed, and delivered in our presence as witnesses: DÀ-'- -~ WITNESS £'>11\ ~N ~'GAoI\,S Ic:.-( (Print Name) JAMES P. RAAB. AS TRUSTEE OF THE JAMES P. RAAB TRUST DATED JUNE 2'2. 2000 J£;.;s 1?~. :j; ArJrJ R; {f- f (Print Name) STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this 'If/.... day of January, 2004, by JAMES P. RAAB. AS TRUSTEE OF, THE JAMES P. RAAB TRUST DATED JUNE 22. 2000 who is personally known to me or who has produced a Drivers License issued within the last five years as identification. (NOTARY PUBLIC) SEAL J!L Yvt~ ~ ar. Public IJ{ , ,Jr! M."'-t. .~ ~;..... ~.~\';Aff!J;;;,.~ 'JoAnn Marie Riley ~*r·Ji,.·~:~ MY COMMISSION # CC985750 EXPIRES ~;~if¡ December 4, 2004 'J.tP.r..i\I~" BONDED lHRU TROY FAIN INSURANCE. IHC. (Pri :t Type or Stamp Name 0 Notary Commission No: c..c. qtS'1So My Commission Expires: 1.2 -I/- -:z.tnJ 4- G:\ACQ\ WP\JoAnn\25th Street\Raab\Permanent Easement.wpd 2 '-' EXHIBIT "A" PA?1f!Î1 of 3 LEGAL DESCRIPTION PERMANENT EASEMENT (P.E.) 801 BEING A PORTION OF THE WEST 250.00 FEET OF THE NORTH 150.00 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 35 SOUTH, RAN G E 4 0 E AS T , ST. L U C I E CO UN T Y , F LOR I D A AND MO R E PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND NAIL (PLAIN) AT THE WEST QUARTER CORNER OF SA I D SECT ION 28; THENCE NORTH 00° 06' 21 " WEST ALONG THE WEST LINE OF THE SAID NORTHWEST QUARTER OF SECTION 28, A DISTANCE OF 594.33 FEET TO A POINT; BEARINGS ARE BASED ON SAID WEST LINE OF THE NORTHWEST QUARTER OF SECTION 28 AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO; THENCE NORTH 89° 53' 39" EAST DEPART I NG SA I D WE S T LINE. A DISTANCE OF 40.00 FEET TO A POINT ON THE EXISTING EAST RIGHT OF WAY LINE FOR STATE ROAD 615 (SOUTH 25th. STREET) AND THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PERMANENT EASEMENT 801; THENCE NORTH 00°06'21" WEST ALONG SAID EAST RIGHT OF WAY LINE. A DISTANCE OF 32.00 FEET; THENCE NORTH 89°52'29" EAST DEPARTING SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 1.00 FOOT; THENCE SOUTH 00°06'21" EAST, A DISTANCE OF 32.00 FEET; THENCE SOUTH 89°52'29" WEST, A DISTANCE OF 1.00 FOOT TO THE PqINT OF BEGINNING. CONTAINING A TOTAL OF 32 SQUARE FEET MORE OR LESS. G. M RTIN BURDETTE FLORIDA/~y'RVEYOR AND MAPPER DA TE I (í; Il/D 3 BURDETTE 8 ASSOC]ATES, INC. -4136 LEGAL DESCRIPTION AND SKETCH - P. E. 801 PREPARED FOR. ST. LUCIE COUNTY, FLORIDA BURDETTE & ASSOCIA TES, INC. orF/c£E'. C. CHECKED, G.M. B. 2295 GENESEA LANE FJELD BOOK. VERO BEACH, FLORIDA 32963 DA TE. (772) 231~8750 MA Y 2003 ...\INWOOD\PARCELS802\pe801.dgn 05/30/0309:25:04 AM SCALE. N/Á DRAWING NO.. SH[E T 1 615PE801 OF 3 NOTf, BEARINGS SHOWN HEREON ~ASED ON FLORIDA STATE PLANE C'-I NATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983/1990 READJUSTMENT. THE \YES T LI NE OF THE NORTHWEST QUAR- TER OF SECTION 28, TOWNSHIP 35 SOUTH RANGE 40 EAST BEARS. NORTH 00·06' 21" WEST AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO. POINT OF COMMENCEMENT P.]' STA. 144+72+32 ~ OF SURVEY S.R. 615 (SOUTH 25th. STREET)· WEST 1/4 CORNER SECTION 28 ll·00006 '58" (RT. ) N·1116566.271 E· 867105.972 FND. NAIL (PLAIN) IN ASPHALT SQUARE CUT QUARTER SECTION LINE S 88°40'50" W w :z --.J N.S.L.R.W.C.D. CANAL NO. 10 ;;:: '- ~ 0:: f- C7> V> W "" ;;:: - Ln N o . 0 f- 0 V> :z x w EX 1ST. CANAL R IW LI NE 50 25 o FEET Beoíing Basis: West Line of the N. W. 1/<1 of Section 28 (N 00°06'21" W) SEE EXHIBIT "A" SHEET 3 PAGE 2 0-10 3 SECTImJ TOWNSHIP 35 SOUTH, RANGE 40 EAST 1 1 I 40' 't£- j --:. ~- f- - IJ)"'J"" X w -~I >- _I w -1 >- 0:: :z I ::;:)0 IJ) ;::: , æJ~1 Vì w :z --.J ;;:: '- 0:: 40' '" I~ w _ I a:: r011-~ r0 V> . ..;, 0 CT> 'a::: LnIL +>- ;;:: Ll1w N.-J . 1 3: - . « .~ 1V>:c LD ;;:: o I 1«' ~ åLl1::':::~ 0:: 0] l.L.. ~ -_l.D r- I \.C ~ I[j, I. 0 W a::: ~ lvi I W :z --.J '-" o o o o :z f- IJ) N ~~ ~~ EAST I WEST QUARTER SECT] ON LJ NE N 88°45'13" W ABBREVI AT IONS I LEGEND. I . BASEl! NE ~ ' CENTERLINE EXIST. . EXISTING FKA . FORMALLY KNOWN AS FNO, ' FOUND N.S.L.R.I'I.t.I.D.· NORTHERN 51. LUCIE RlvER WATER MANAGEI.£NT DISTRICT · OFFICIAL RECORD BOOK · PL AT BOOK · POINT OF BEGINNING · POINT OF COMMENW,£NT , PAGE · RA ILROAD · RIGHT OF WAY · SOUARE FEET · TEWORARY CONSTRUCTION EASE MENT ~ '" "'''''\I . SUBJECT PARCEL I I I I 50' I w;;:: I :z, I --.J~ 1 :z ~ -4- o 0 "'-J t;å~ wo I IJ):z --L. O.R.B. P.B. P.O.B. P.O.C. PG. RIR R/r so. FT. LC.£. 50 100 THIS IS NOT A SURVEY \ ' or r I s CÙ \.\~'t. I \1 c;\...~S~to-'{ I~ ~ I~ CO to-S\c;~\ i ~ S\ ~ \\\'t.~\. to- <¿Þ; ~oto-\) ~\J?- O~ \ \) 0 to- \ \... 't.t\S\· r\... P LEGAL DESCRIPTION AND SKETCH P. E. 801 PREPARED FOR, ST. LUCIE COUNTY¡ FLORIDA BURDETTE & ASSOCIA TES, INC. DFFlCEE'. C. CHECKED, G.M.B. 2295 GENESEA LANE FJELD BOOK, VERO BEACH, FLORIDA 32963 DA TE. (772) 231-8750 MA Y 2003 ...\INWOOD\PARCELS802\pe801.dgn 05/30/0309:25:25 AM SCALE, DRAWING NO., SHEET 1- = 50' 615PEB01 2 OF 3 NOJE. EXHIB T "A" AGE 3 ot5tT 101" ?8 BEARl NGS SH OWN HE RE ON ARE~D 3~OUTH, ON FLORIDA STATE PL ANE COD E 40' 40' 40' TOWNSHIP SYSTEM, EAST ZONE, NORTH AMERI CAN RANGE 40 EAST DATUM OF 1983/1990 READJUSTMENT. THE WEST LI NE OF THE NORTHWEST OUAR' TER OF SECTION 28. TOYlNSHIP 35 SOUTH. RANGE 40 EAST BEARS I NORTH 00'06 '21" WEST AND ALL OTHER BEARI NGS SHOWN HEREON ARE RELATIVE [Y) THERETO. LJl ABBREVIATIONS I LEGENO. N II · BASEl! NE { · CENTERLJ NE I- EX1ST. · EXISTJNG W FKA · FOR~ALL Y KNOWN AS W 0:: FNO. · F DUND ~~ I-~ N.S.L.R.W.~.O.· NORTHERN ST. LUCIE RIVER (/) . WATER f.4ANAGEt.£HT DISTRICT 0 O.R.B. · OfFICIAL RECORD BOOK ~~ ..ëo:: P.B, · PLAT BOOK +>- P.O,B, · P01NT Of BEGINNING Lf')W P.O.C. · POI NT Of COW:NCEt.£NT N.-J PG. · PAGE ~ w RiA " RAILROAD '<r :z: (/):I: N RIW · RIGHT or WAY :;: .--J:;: SO. FT. · SOUARE FEET l<r Ln :;:. P.L · PERIotANENT EASEt.£NT Lf')~ ' . N 0:: - lJ... N ~ '" '" '" ~ . · SUBJECT PARCEL cD I..C f- - 0 If) cD 0 «0 0 . W 0 0 0:: 0 . .0 3': :z: (/) ~:z: ~ x ,: w N NORTH L1N£ or O.R.B. 1356, PC. 2533 . - 3':\.0 .. 0 .~Zo 0 w :;: U)(])O :z: , l.c. oJ: 0:: - Lu <:::> <:::>:0:: oc OJ+z .--J .--J <:::>1- ."" 01 ~ ;;:: « ¿l.c.~~ Ebro , :z: <:::><:::>-<:::> 0:: 0 "" - l- f- ,-~;;';"-' L N f- a V><:::> .~ ~~c If) L.u . V> w PERMANENT '""'~Lul.c. OJ-o :;: EASEMENT Lu-:o::<:::> -1- . :0:: I- + 32 SQ. FT. '-:0:: ..... f- I-l.c.' +0 If) '-'-c::r:<:::>- U)(]) <:::> <:::> (])\/) x ~ .;:0; w ~ 3': <:::>,-,-" . '+- __::x:_:::2:: 0 1-1- lL.J ~,-,-;;,;:o:: 0 <:t.. <:::> . l- V) LJl 40' 1356, PG. 2533 100 50 0 100 SEE SHEET 2 GRAPHIC SCALE - FEET TH]S IS NOT A SURVEY LEGAL DESCRIPTION AND SKETCH P.E. 801 PREPARED FOR, ST. LUCIE COU,NTY, FLORIDA OFFleE, CHUX£D, BURDETTE & ASSOCIATES, INC. E. C. G, M. B. 2295 GENESEA LANE FInD BOOK, VERO BEACH, FLORIDA 32963 DA TE, (772) 231-8750 MAY 2003 ...\INWOOD\PARCELS802\pe801.dgn 05/30/0309:29:44 AM SCALE, I" . 50' SHEET DRAWING NO., 615PEB01 OF 3 3 ~ ~ This instrument prepared by: J oAnn Riley under direction of Daniel S. McIntyre, County Attorney St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 PROJECT: FROM: PARCEL NO.: South 25th Street James P. Raab 726 TEMPORARY CONSTRUCTION EASEMENT THIS EASEMENT, made this1.¡J,., day of January, 2004, by JAMES P. RAAB, AS TRUSTEE OF THE JAMES P. RAAB TRUST DATED JUNE 22, 2000, whose address is 3738 Outrigger Drive, Fort Pierce, Florida 34946, 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 cönsideration of One ($1.00) Dollar and other good and valuable consideration do(es) hereby give, grant, bargain and release to grantee, its agents, assign~, 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 \..;' ,."., This Easement shall expire upon the completion of the construction of the above referenced road construction project. IN WITNESS WHEREOF, the undersigned Grantor has hereunto set his hand and seal this -11L day of January, 2004. Signed, sealed, and delivered in our presence as witnesses: Dw' WITNESS ~kLJ2 /-2 JAMES P. RAAB, AS TRUSTEE OF THE JAMES P. RAAB TRUST DATED JUNE 22, 2000 '0 t.. \ AV WvbIL.Nt.,s t¿1 (Print Name) ~=E~< ITNESS :10 A~~ f!..; let (Print Name) STATE OF FLORIDA COUNTY OF ST. LUCIE The foregoing instrument was acknowledged before me this 1+"- day of January, 2004, by JAMES P. RAAB, AS TRUSTEE OF THE JAMES P. RAAB TRUST DATED JUNE 22, 2000 who is personally known to me or who has produced a Drivers License issued within the last five years as identification. (NOTARY PUBLIC) SEAL JL f\t~ 1::1¡ ta~Public ':_h A,,,,J Milt t- i e... R.... {{ f (Print, Type or Stamp Name of Notary Commission No: cc. <1%5 75D My Commission Expires: 1,2 -tf-;;.nlf- :,,;§¡¡..~:ryÞ;{., JoAnn Marie Riley !+(J:i.\;~ MY COMMISSION # CC985750 EXPIRES w¡ã~-:¡ December 4, 2004 "'íøf,~r;:~~"" BONoel THRU TROY FAIN tNSURANCE. INe. G:\ACQ\ WP\JoAnn\25th Street\Raab\ Temporary Construction Easement.wpd 2 '-' EXHIBIT "A" I""¡ 1 of 3 LEGAL DESCRIPTION TEMPORARY CONSTRUCT I ON EASEMENT (T. C. E.) 725 BEING A PORTION OF THE WEST 250.00 FEET OF THE NORTH 150.00 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHWEST OUARTER OF THE NORTHWEST QUARTER OF SECTION 28, TOWNSHIP 35 SOUTH, RANGE L10 EAST, ST. LUCIE COUNTY, FLORIDA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND NAIL (PLAIN) AT THE WEST QUARTER COR N E R 0 F S A IDS E C TI 0 N 2 8; THE N C E NOR THO 0 ° 05 ' 2 I " WE S T ALON~ THE WEST LINE OF THE SAID NORTHWEST QUARTER OF SECTION 28, A DISTANCE OF 59L1.33 FEET TO A POINT; BEARINGS ARE BASED ON SAID WEST LINE OF THE NORTHWEST QUARTER OF SECTION 28 AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO; THENCE NORTH 89° 53' 39" EAST DEP ARTI NG SA I D WE ST LINE. A DISTANCE OF L11 .00 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED TEMPORARY CONSTRUCTION EASEMENT 725; THENCE NORTH 00 °06 ' 2 1 " WEST, A DISTANCE OF 32.00 FEET; THENCE NORTH 89°52'29" EAST, A DISTANCE OF 8.82 FEET; THENCE SOUTH 00 ° 05 ' 2 I " EAST, A DISTANCE OF 32.00 FEET; THENCE SOU T H 8 9 ° 52 ' 29" WE S T , A DISTANCE OF 8.82 FEET TO THE POINT OF BEGINNING. CONTAINING A TOTAL OF 282 SQUARE FEET MORE OR LESS. G. MA IN BURDETTE F LOR I D ~! U ~ V E Y 0 RAN D MAP PER · 4 I 3 Ó DATE, (¿? 2/D3 BURDETTE 8 ASSOCIATES, INC. LEGAL DESCRIPTION AND SKETCH T.C.E. 726 PREPARED FOR, ST. LUCIE COUNTY, FLORIDA BURDETTE & ASSOCIA TES. INC. 2295 GENESEA LANE VERO BEACH, FLORIDA 32963 (772) 231-8750 ...\tces\NEW726\tce726.dgn 05/30/0309:22:48 AM OFFICE, CHECKED. E.G. G.M.B. FJELD BOOK. SCALE. N/A DRAWING NO. I 615TGE726 DA TE, MA Y 2003 SHEET 1 OF 3 NOTE, BEARINGS SHOWN HEREON A~ASED ON FLORIDA STATE PLANE CO~NATE SYSTEM, EAST ZONE. NORTH AMER]CAN DATUM OF 1983/1990 READJUSTMENT. THE WEST LINE DF THE NORTHWEST OUAR- TER OF SECTION 28, TOWNSHIP 35 SOUTH RANGE 40 EAST BEARS. NORTH 00'06'21" WEST AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO. QUARTER SECTION LINE S 88°~0'50" W N.S.L.R.W.C.D. CANAL NO. 10 Ln N EX I 5T. CANAL R /W LJ NE 50 25 o SEE EXHIBIT A SHEET 3 PAGE ? of 3 SECTIO~ TOWNSHIP 35 SOUTH, RANGE 40 EAST Bearing Basis: West Line of the N. W. I ILl of Section 28 (N 00°05'21" W) EAST / WEST QUARTER SECTJ ON LJ NE N 88°45'/3" W f- 0"> Lf) W ,..., 3: _ . o f- 0 Lf) :z X W O,R.B. P.B. P.O.B. P.O.C. PG. RIR R/W so, FT. T.C.E. 50 100 ¡THIS IS NOT A SURVEY I I 1 ~O' 'tš---j ~ lO_ f- - Lf) ~ x w -~I >- -, w -.J :> 0:: :z: I => 0 Lf) ;:: I æJ~1 Lf) POINT OF COMMENCEMENT I P.I. STA. 144+72+32 ~ OF SURVEY S.R. 615 (SOUTH 25th. STREET)= WEST 1/4 CORNER SECTION 28 l1·QooQ6'58H (RT.) N=1116566.271 E= 867105.972 FND. NAIL (PLAIN) IN ASPHALT SQUARE CUT w :z -.J 3: '- 0:: ~O' N ~~ ~r~ FEET ABBREVI AT! ONS I LEGENO, ( . BASELINE l . CENTERlI NE EXJS1. . EXISTING FkA . FORMALL Y KNOWN AS FND. . FOUND N.S.loR. W.M.O.· NORTHERN S1. LUCIE RIVER WATER MANAGDOT DISTRICT · OFFICIAL RECORD BOOK · PLAT BOOK · POINT OF BEGINNING · POI NT OF COMt.tENCEt.£Nl , PAGE · RAILROAD · RIGHl OF WAY · SOUARE FEET · TEt.f'ORARY CONS1RUCTION EASEMENT K\."-. "" "" '" . SUBJECT PARCEL N It.¡ w . I 0::: ,.,.., I f-~ ,.,.., l/') . ~I 0 (j) '0::: LnIL +>- 3:1L()w N--.J . I ~ - . « :" I l/'):r: LD 3: ~ I I «.:.. ~ 0' L()~N 0:: 0) _ :: ~ f- :z II..C ~ ~ I. 0 w 0::: ~ . ¡vi tñ . I O~r I \S~ ~ S C \..\~'\- I ,I G\..~t.:~þ.."{ '\ '?-.f'?-. '?-.J~ S' CO~\Gr\' \\\'\-'?-.\.. þ.. ~þ.. ~oþ..D ~\J?-- O~ \ D ~þ.. \ \.. ,\-t\S\' t\.. w :z w :z -.J' '-" o . o o :z I I I I 50' I wS: I :z, 1 -.J~ I :z;". -1- 00 "'-J ~å~ ,wO I Lf):z -1... -.J 3: '- ;0, 0:: I I~o' -.J TIES TO Il ~ 13:0:: I ~ f- >-;'" Lf) WV' , <i 1& ::- ~ w I=> ,.,.., ;.., . Lf) ;;- :- tñ læJ§; 0- Ox I :z w I w :z PREPARED FOR, LEGAL DESCRIPTION AND SKETCH T.C.E. 726 ST. LUCIE COUNTY} FLORIDA BURDETTE & ASSOCIA TES. INC. 2295 GENESEA LANE VERO BEACH, FLORIDA 32963 (772) 231-8750 ...\tces\NEW726\tce726.dgn 05/30/0309:23:51 AM OFn CE, E.e. n [L D BOOK. CHECKED. G.M.B. SCALE, 1" = 5 0' SHEET DRAW1NG NO.. 615TCE726 OF 3 DA TE, MA Y 2003 2 NO.TE. EXHIBIT 'A" PA 3 of SI:CTI O~I ?8 BEAR I NGS SHOWN HERE ON ARE..,/ ON FLORIDA S TATE PL ANE COO E 40' 40' 40' TOWNSHIP 3~OUTH, SYSTEM, EAST ZONE, NORTH AMER I CAN RANGE 40 EAST DA TUM OF 1983/1990 READJUSTMENT. THE WEST LI NE OF THE NORTHWEST QUAR- TER OF SECTION 28. TOWNSHIP 35 SOUTH. RANGE 40 EAST BEARS. NORTH 00'06'21" WEST AND ALL OTHER BEARI NGS SHOWN HEREON ARE RHATJVE fYl THERETO. Ln ABBREVIATIONS ¡LEGEND, N . · BASEl! NE { · CENTERlI NE I-' EX 1ST. · EXISTING W FKA · F ORt.lALL Y KNOWN AS W a:: FNO. · F OUNO ~~ I-'~ N,S.L.R.W.t.I.D.· NORTHERN ST, LUCIE RIVER V'J . WATER MANAGEt.£NT OISTRICT 0 O.R.B. · OfF I C I AL RECORD 'BOOK ~~ .ca:: P.B. · PLAT BOOK +>- P.Q.B. · POINT OF BEGINN1NG L{')W P.O.C. · POINT Of COt.t.£NWÆNT N--.J PG. · PAGE 3= w RIR · RAI LROAD '<1: Z V'JI N RIW · RIGHT OF WAY :;=: -I:;=: SO. FT. · SOUARE FEET 1<1: Ln :;:. I.e.£. · TEt.f'ORARY CONSTRUCTION L{')~ ' . EASEt.£NT 0::: - N l1.. N ~ '" '" '" '\ . · SUBJECT PARCEL l.D LD I- - 0 V)l.D 0 «0 0 . W 0 0 0: 0 . .0 Z V'J I- 3: V)Z '" x ,: w N NORTH LINE OF O.R.B, 1356, PC. 2533 . .. 3:1.D (/) .0 _ZO (/)Q)§; w :;=: , '-- ~J: z 0::: ( . ..... <::::> <::::>OJ::: = -I <::::>'-."" , +z --' c::;'--~"'" 01 ~ :;: « c'+- , Z <::::><::::>-<::::> 0::: 0 "" -. ._ oeo '- I- ,-~;;';'--' L N l- V> <::::> . ~ g~c V) L.u . V> W 30:::<::::> '-- co- 0 :;=: lr)'-'-'<::::> '-'-'-OJ::: .....J- . OJ::: '- + '-OJ::: .... I- ,-,--' +0 V) L....C>::<::::>- (/)Q) 0<::::> Q)\f) x "",""'..;"'; 3: w 0.....' . '+- --OJ:::-"'" 0 ~ '- . '-'-' O,--30:::OJ::: 0 Q..<::::> .'- <;> Ln 40' SOUTH LINE OF O.R.B. /356, PC. 2533 100 50 o 100 SEE SHEET 2 THJS IS NOT A SURVEY GRAPHIC SCALE - FEET LEGAL DESCRIPTION AND SKETCH T. C. E. 726 PREPARED FOR, LUCIE C 0 U N T Y, S T. FLORIDA BURDETTE & ASSOCIA TES, INC. 2295 GENESEA LANE VERO BEACH, FLORIDA 32963 (772) 231-8750 ...\tces\NEW726\tce726.dgn 05/30/0309:24:19 AM OFFICE, E.G. FInD BOOK, CHECKEO, G.M.B. SCALE, /" . 50' SHEET 3 DRAWING NO., 615TGE726 OF 3 DA TE I MA Y 2003 ~ '...,I RESOLUTION NO. 04-52 A RESOLUTION ACCEPTING A TEMPORARY CONSTRUCTION EASEMENT FOR SOUTH 25TH STREET ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that: The foregoing TEMPORARY CONSTRUCTION EASEMENT is duly accepted on behalf of St. Lucie County this 3rd day of FEBRUARY, 2004. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman ATTEST: Deputy Clerk APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney G:\ACQ\WP\JoAnn\25th Street\Rochester\Resolution No. 04-52.wpd '-' -.",I 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 25th Street FROM: Herbert and Luna Rochester PARCEL NO.: 721 TEMPORARY CONSTRUCTION EASEMENT THIS EASEMENT, made this ÎJ, ~ day of January, 2004, by HERBERT ROCHESTER and LUNA ROCHESTER. his wife, whose address is Post Office Box 413, Fort Pierce, Florida 34954, 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. 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 7.t~ day of January, 2004. 1 \w' """" Signed, sealed, and delivered in our presence as witnesses: J? ~ MeLQ WITNESS //dI ~ / HERBERT ROCHESTER ' ß(l...\.(\tJ Ï\Iv&kJ\/Ls IL--l (Print Name) Jf;; LJ 'JoA.JrJ £;1(.,/ (Print Name) { ~3Ñ \ ~Jtd~ WITNESS ßruAJJ MÞ'¿A~l¿'( (Print Name) l~ ~ES~ :E~ Jo A rJ,J (Je¡ (Print Name) STATE OF FLORIDA COUNTY' OF ST. LUCIE The foregoing instrument was acknowledged before me this 1+l day of January, 2004, by HERBERT ROCHESTER and LUNA ROCHESTER, his wife who are personally known to me or who has produced a Drivers License issued within the last five years as identification, ~H~~ :J;A." lVI.t;<- t:1<~ (Print, Type or Stamp Name 0 Notary Commission No: Cc O¡~ 515 0 My Commission Expires: 1;;'+ .2fTDI/- (NOTARY PUBLIC) SEAL ~...¡:..';Ar;iftr_ . JoAnn Marie Riley f*{"Ji."' A MY COMMISSION # CC985750 EXPIRES ~'~cI' December 4/ 2004 -"ì:;;¡ ;;"."" BONDED 11iRU TROY FAIN INSURANCE,INC (ji"t' G:\ACQ\WP\JoAnn\25th Street\Rochester\ Temporory Construction Easement.wpd 2 \w , ...", LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT (T.C.E.) 721 A PARCEL OF LAND LYING IN THE SOUTHWEST QUARTER OF SECTION 28. TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 28; THENCE ,NORTH 00°04'20" WEST ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER OF SECTION 28·. A DISTANCE OF 660.99 FEET; BEARINGS ARE BASED ON SAID WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 28 AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO; THENCE NORTH 89°55'40" EAST DEPARTING SAID WEST LINE. A DISTAN{E OF 65.10 FEET TOA POINT ON THE EAST RIGHT OF WAY LINE FOR STATE ROAD 615 (SOUTH 25TH. STREET) AND THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED TEMPORARY CONSTRUCTION EASEMENT 721. THENCE NORTH 00°13'19" WEST ALONG SAID EAST RIGHT OF WAY LINE FOR STATE ROAD 615 (SOUTH 25TH. STREET), A DISTANCE OF 40.00 FEET; THENCE NORTH 89°23'04" EAST DEPARTING SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 12.00 FEET: THENCE SOUTH 00°13'19" EAST, A DISTANCE OF 40.00 FEET; THENCE SOUTH 89°23'04" WEST, A DISTANCE OF 12.00 FEET TO THE POINT OF BEGINNING. CONTAINING A TOTAL OF 480 SQUARE FEET MORE OR LESS. jl!¿~d G. MART IN BURDE TTE FLORID.1fA ,,~R ·EYOR AND MAPPER -4135 DATE: //Ot: 't)f BURDET E 'ASSOCIATES, INC. LEGAL DESCRIPTION AND SKETCH - T.C.E. 721 PREPARED FOR, ST. LUCIE COUNTY, FLORIDA BURDETTE & ASSOCIATES, INC. 2295 GENESEA LANE VERO BEACH, FLORIDA 32963 (772) 231-8750 ...\PARCELS802\tces\tce721.dgn 03/12/0304:25:48 PM OFF} CE, E,C. FInD BOOI(, TCHUXED, I G.M.B. SCALE, NOT TO SCALE DA TE, MARCH 2003 DRAWING NO., 615TCE721 SHEET 1 OF 3 \w' \~~N ~r V1 if¡ r<1 [T1 n n -; -< a a :z :z uJ N N LD V1 CP -J 0 N -J . lJ1 LD ~ ~ 60 30 o 60 GRAPHIC SCALE - FEET N 02°23'50" E POINT OF COMMENCEMENT S.W. CORNER SECTION 28 N ·1113951 . 115 E= 867109.272 NOT FOUND EX]ST. WEST R/W LINE ~ ABBREVIATIONS / LEGEND. B . BASE LINE C . CENTERL I NE EX]ST. . EX]STlNG FKA . FORMALL Y KNOWN AS FND, . FOUND N.S,L,R.W.M.D.· NORTHERN ST. LUCIE RIVER WATER MANAGEMENT DISTRICT · PoJNT OF BEGJNNING · POINT OF COMMENCEMENT , RIGHT OF WAY · SoUARE FEET · TEMPORARY CONSTRUCTION EASEMENT · OFFICIAL RECORD BOOK , . PAGE I"'''''''~~ . SUBJECT PARCEL P,O.B. P.O.C. R/W SO. FT. ì. C. E. ORB PG. Bearing Basis: West line of the S. W. I /¿¡ Section 28 (N OOOO¿¡'20" W) EXIST. WEST R/W LINE ADD 111 ONAL R /W ORB 125. pc,. 299D NoOo04'20"W / N 02°'04'\4" 'II -{- SECTION LINE I \ N 00°04'20" W I io __ _ 660~9~ _ L2J --- --- .b o \ \ '2__ P.]. STA, 118·58.26 - - +~ WR-Vf¥- ~R-:-rn_ (SOUTH 25TH. STREET)· ð·02°45'11" (LT.) N·1113952,227 E· 867116.099 FND. PKNL8W "LB6449" ./ ./ /~ I . I I 40' -..... --' ......... IJ1 '" \ - - - \0' en \ \ I \ I I \ \ I :Þ < fTl ----,---- \ :z UJoo LD o <-oJ '" 'T1 . x OJ :: ;:;;, fTl ' ~ :E r r 00 NOTE. ~ BEARINGS SHOWN HEREON ARE BASED ~ ~ ON FLORIDA STATE PLANE COORD]NATE;:;; ~ SYSTEM, EAST ZONE, NORTH AMERI CAN ~ DATUM OF 1983/1990 READJUSTMENT.::o 'T1 THE WEST LINE OF THE SOUTHWEST ~ OUARTER OF SECTION 28, r TO\VNSHJP 35 SOUTH, RANGE 40 EAST~ BEARS. NORTH 00°04'20" \VEST AND ALL OTHER BEAR1NGS SHOWN HEREON ARE RELAT]VE THERETO. LEGAL DESCRIPTION AND PREPARED FOR, ~ SURVE~ Ji -º-O~ ~ 19" W ~ --- S. R. 515 ~_LS-"_25th. _STREETJ_ Uì I fTl fTl --j N 00° 13' I 9" W EX1ST. EAST R/W LINE ADDI1JONAL R/W SECTION 28 TOWNSHIP 35 SOUTH, RANGE 40 EAST ::0 .... ::IE r :z 'T1 ) lJJ SKETCH THJSIS NOT A SURVEY I T. C. E. 121 ST. LUCIE COUNTY, FLORIDA DFF1CE, CHECKED, E.C. G.M.B. FIELD BOOK, BURDETTE & ASSOCIA TES, INC. 2295 GENESEA LANE VERO BEACH, FLORIDA 32963 (772) 231-8750 ...\PARCELS802\tces\tce721.dgn 03/12/0304:25:26 PM DA T£, SCALE, /" , 60· MARCH 2003 SHEET 2 DRAWiNG NO., 615TCE721 OF 3 60 30 \.; o 60 +~N'"' GRAPHIC SCALE - FEET N DO· 13' 19 "W L ADDI~N~R~ _ _ _ -1 \ .L (f) -'\ - - N 00 ° 04 ' 20" W I \ ITl ) \ SECTION LINE 550.99' ) \ 125 SECTION ~9_\_2J> ITl 122 .J \ 23 \ 2~-L__L-_-------- ____--~___~-R-;--6i-S--- ë3 N~o:~f~~~"w (S. 25th. STREET) EX] ST. WEST R /W L1 NE N 00 ° I 3 ' 9 "W (f) I [Tl ITl --1 ----- ---- ---- ---- ---- -+ SECT] ON 28 N 89°55'40" E 1,--- 65 10' I . ___ ----I N o N ADD \ TONAL fì /W (W1DTH VARIES) EXIST. EAST R/W L1NE N Olo4E.'32" W :z: 3:: N 00°/3'/9" W CX) , 40.00' ~ ~~~,~~~~ ~ - 40.00', co 5 00° I 3 ' I 9" E ~ TEMPORARY CONSTRUCTION EASEMENT 480 SQ. FT. \/) NOTE, BEARJNGS SHOWN HEREON ARE BASED ON FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983/1990 READJUSTMENT. THE WEST LINE OF THE SOUTHWEST QUARTER OF SECTION 28, TOWNSH ¡ P 35 SOUTH, RANGE 40 EAST BEARS, NORTH 00°04'20" WEST AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO. DETAIL SECT! ON 28 TOWNSHIP 35 SOUTH, RANGE 40 EAST THJS IS NOT A SURVEY LEGAL DESCRIPTION AND SKETCH - T. C. E. 721 PREPARED FOR, ST. LUCIE COUNTY, FLORIDA BURDETTE & ASSOCIA TES, INC. 2295 GENESEA LANE VERO BEACH, FLORIDA 32963 (772) 231-8750 ...\PARCELS802\tces\tce721.dgn 03/12/0304:25:08 PM OFF1CE, CHECKED, E.C. G.M.B. FJELD BOOK, SCALE, I" ,60' DA TE, MARCH 2003 DRAWING NO" 615TCE721 SHEET 3 or 3 ~ ...,¡ RESOLUTION NO. 04-53 A RESOLUTION ACCEPTING A TEMPORARY CONSTRUCTION EASEMENT FOR SOUTH 25TH STREET ON BEHALF OF ST. LUCIE COUNTY, FLORIDA BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, that: The foregoing TEMPORARY CONSTRUCTION EASEMENT is duly accepted on behalf of St. Lucie County this 3rd day of FEBRUARY, 2004. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman ATTEST: Deputy Clerk APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney G:\ACQ\WP\JoAnn\25th Street\South 25th Street, LLC\Resolution No. 04-53.wpd ~ .., 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: FROM: PARCEL NO.: South 25th Street South 25th Street, LLC. 728 TEMPORARY CONSTRUCTION EASEMENT THIS EASEMENT, made this 7 ~ day of .::J.41"¡'(Aj , 2004, by SOUTH 25TH STREET, L.L.C., a Florida Limited Liability Company; whose address IS 2980 South 25th Street, Fort Pierce, Florida 34981, 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 '-' ..." This Easement shall expire upon the completion of the construction of the above referenced road construction project. this IN WITNESS WHEREOF, the undersigned Grantors have hereunto set their hands and seals ...-.- ' -¡-l!.1 day of .:JA-¡tIU.A~ ,2004. Signed, sealed, and delivered in our presence as witnesses: SOUTH 25TH STREET, L.L.C., a Florida Limited Liability Company Ó .AJOAO- \ft ~ WITNESS By: Title: -=rcpJo~ -:]" ~ cpr N' jjc (Print Name) [ CORPORA TE SEAL] ~ WtTNE SS ..Q tJ" l t \. ctV\A.. ~ (Print Name) STATE OF FLORIDA COUNTY OF Sit ~~;li /i The foregoing instrument was aànowledged before me this 7 U day of ..JAYVI.t.A-~ ' 2004, by 3"A..,e.s p. 'ÍfM.p~ ;"v ,as fU5;{)6'''/''- of SOUTH 25 H STREET, L.L.C. ,a Florida Limited Liability Company, who is personally known to me or who has produced a Drivers License issued within the last five years as identification. ~O,~~ (NOTARY PUBLIC) SE A L .......... Charlotte A.K'lI1naman ¡~Å~"':r: MY COMMISSION # 00239609 EXPIRES - :A-l,= ~ust 26, 2007 ~4:"'\I.,êt,·· BONDEDTHRJJTROYF"'ININSUR"'NC~ IHC ,RruU'\ Notary Public (}J. ~1ïð A·/¿N¡'//I("1A~ (Print, Type or Stamp Name of Notary Commission No: DO ;l3~ ¿'ð~ My Commission Expires: l?? ~/ ;.deJ7 G:\ACQ\ WP\JoAnn\25th Street\South 25th Street, LLC\ Temporary Construction Easement.wpd 2 ~ EXHIBIT "A" ~ 1 of 2 LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT (T.C.E.) 728 BEING A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 35 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND NAIL AND TIN TAB (PLAIN) AT THE SOUTHEAST CORNER OF SAID SECTION 32; THENCE SOUTH 89°53'24" WEST ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 32 (BEARINGS ARE BASED ON SAID SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 32 AND ALL OTHER BEARINGS SHOWN HEREON ARE RELATIVE THERETO). A DISTANCE OF 40.00 FEET TO A POINT ON THE EXISTING WEST RIGHT OF WAY LINE FOR STATE ROAD 515 (SOUTH 25TH. STREET); THENCE NORTH 00°02'57" WEST ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 92.00 FEET TO THE INTERSECTION THEREOF WITH THE NORTH LINE OF THE SOUTH 92.00 FEET OF SAID SOUTHEAST QUARTER AND THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED TEMPORARY CONSTRUCTION EASEMENT 728; THENCE CONTINUE NORTH 00°39'20" WEST ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 418.37 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 150.00 FEET OF SAID SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 32; THENCE SOUTH 89°5S'52u WEST ALONG SAID SOUTH LINE, A DISTANCE OF 4.00 FEET; THENCE SOUTH 00°39'20" EAST DEPARTING SAID SOUTH LINE, A DISTANCE OF 418.37 FEET TO A POINT ON SAID NORTH LINE OF THE SOUTH 92.00 FEET OF THE SOUTHEAST QUARTER OF SECTION 32; THENCE NORTH 89°53'24" EAST ALONG SAID NORTH LINE, A DISTANCE OF 4.00 FEET TO THE POINT OF BEGINNING. CONTAINING A TOTAL OF 1,573 SQUARE FEET MORE OR LESS. G. ARTIN BURDETTE FLORIDj ;'~~~YOR AND MAPPER *4135 D ATE: ~ /Z17'D ~ BURDETTE 8 ASSOCIATES, INC. LEGAL DESCRIPTION AND SKETCH' - T. C. E. 728 PREPARED FOR, ST. LUCIE COUNTY, FLORIDA BURDETTE & ASSOCIATES, INC. 2295 GENESEA LANE VERO BEACH, FLORIDA 32963 (772) 231-8750 ...\PARCELS802\tces\tce728.dgn 06/23/0309:25:13 AM OFFICE, CHECKED, E.G. G.M.B. FJELD BOOK, SCAL[, NIA DA TE, JUNE 2003 DRAWING NO.. 615TGE728 OF SHEET 1 2 SECTI ON 3\..-, TOWNSHIP 35 Sam-H, RANGE 40 EAST ADDITIONAL R/W (WIDTH VARIES) EX]ST. WEST R /W LJ NE SOUTH LINE OF THE NORTH 150' OF THE S.E. 114 OF THE S,E, 1/4 OF THE S.E. 114 OF SECTION 32 4.00' S 89°55'52" ABBREVIATIONS / LEGEND. ~ . BASELINE ~ . CENTERLINE EXIST. . EXISTING FKA . F ORMALL Y KNOWN AS FND, . FOUND N.S.L,R.W.M.D,· NORTHERN ST. LUCIE RIVER WATER MANAGEMENT D]STRICT · POINT OF BEGINNING · POINT OF COMMENCEMENT · RI GHT OF WAY . SOU ARE FEET · TEMPORARY CONSTRUCTION EASEMENT ~~~~~ . SUBJECT PARCEL P.O,B. P.D.C. R/W SO. F1. 1. C.E. TEMPORARY CONSTRUCTION EASEMENT /,673 SQ. FT. LU I ~ . -' I I-~ ::::;, I xc:r: LUl- ls: If) w.J ~ , 'kLO 0 N . I· LO a> a> "" I~ 0 0 ,8 0 VJ 12 N 89°53'24" E 4.00' NORTH LINE OF THE SOUTH 92' OF THE S.E. 114 OF THE S.LI /4 OF THE S.E. 114 OF SECTION 32 EX]ST. CANAL R/W LINE N 89°53'24" E N.S.L.R.W.M.D. CANAL NO. I 02 EXIST. CANAL R/W LINE N 89°53 '24" E -- DEVINE ROAD . "" CT> N rr1 rr1 rr1 :z: a 3: - . w O~ w 0::-' :z: - :z: -' 0 >->= ~ , W~ c:r: -...I~ .....: 3:>- If) «~ x w :r:~ V> «.... ~ l.L 3: l- . r- W '!' W "" a 0:: 0 a I- a V) :z: ..c + lI) N r- Lr> N o o o o :z: Lf) LO V) ~ .....J Bearing Basis: ~ "'I' Lr> ..". South Line of the S. E. I / L ~a:: :z: :z: lr> 0 0 of Section 32 lr> ""': >= o VJ I- (S 89°53'2L " W) °1;:;; w w W LU l/) LU If) V'> "A" PAGI....""rf 2 80 N 40 o 80 GRAPHIC SCALE - FEET ~~ ~~ NOTE. BEARINGS SHOWN HEREON ARE BASED ON FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERJCAN DATUM OF 1983/ 1990 READJUSTMENT. THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHJP 35 SOUTH, RANGE 40 EAST BEARS, SOUTH 89°53'24" WEST AND ALL OTHER BEARJNGS SHOWN HEREON ARE RELATIVE THERETO. IpOI NT OF COMMENCEMENT I P.]. STA. 63+15.85 ~ OF SURVEY S.R. 615 (SOUTH 25th. STREET)· S.E. CORNER SECTION 32 (TOWNSHIP LINE) ò·Oooll'53" (RL) N·II08412.648 E· 866990.2£19 FND. NAIL 8 TIN TAB IN SQUARE CUT EXIST. CANAL RIW LINE N.S.L.R.W.M.D. CANAL NO. 102 TOWNSHIP 35 SOUTH N 89D54' DO" E EXIST. CANAL R/W LINE~ TOWNSHIP 36 SOUTH . 00 r- PREPARED FOR, LEGAL DESCRIPTION AND SKETCH ITHJS IS NOT A SURVEY T.C.E. 728 ST. LUCIE COUNTY} FLORIDA OFFICE, E.G. FJELD BOOK, BURDETTE & ASSOCIATES, INC. 2295 GENESEA LANE VERO . BEACH, FLORIDA 32963 (772) 231-8750 ...\PARCELS802\tces\tce728.dgn 06/23/0309:25:38 AM DA TE, CHECKED. G.M.B. SCALE, NOT TO SCALE DRAWING NO" 615TGE728 OF SHEET 2 2 JUNE 2003 '-- ~ " AGENDA REQUEST ITEM NO. C-4E DATE: February 3, 2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney Daniel S. McIntyre County Attorney SUBJECT: Lennard Road Widening Project FDOT Parcel No. 100 for Lennard Road Right-of-Way BACKGROUND: Please see an attached memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: June 25, 2002 - Received Board of County Commission conceptual approval of the purchase of the FDOT Parcel No. 100 for Lennard Road Right-of-Way. October 15. 2002 - Board of County Commission approved the purchase of FDOT Parcel No. 100 for Lennard Road Right-of-Way. RECOMMENDATION: Staff recommends that the Board approve the 10' Utility Easement in favor of Florida Power & Light Company, authorize the Chairman to execute the Easement and instruct staff to record the Easement in the Public Records of St. Lucie County, Florida. fir APPROVED r, OTHER: Approved 5-0 [ ] DENIED COMMISSION ACTION: Dou las Anderson County Administrator [XX] County Attorney: ~94:/ jY\\f.. Review and Approvals [XX] Public Works Direct~ [ ] Road & Bridge: ] County Engineer: [XX] Originating Dept,: ]OMB: Finance: (Check for Copy only, if applicable) Eff, 5/96 G:\ACQ\ WP\J oAnn \FDOT ParcellOO\Agenda Request FPL Easement,wpd ~ ...,J INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney DATE: February 3, 2004 SUBJECT: Lennard Road Widening Project Purchase of FDOT Parcel No. 100 for Lennard Road Right-of-Way BACKGROUND: On January 29, 2002, Tracy Glansen, Florida Department of Transportation (FDOT) provided the County Engineer with the Right of First Refusal on FDOT Parcel No. 100. On June 25, 2002, the Board of County Commissioners approved the expenditure of funds for the purchase of FDOT Parcel No. 100 to be used for the Lennard Road Widening Project and approved the total budget. On October 15, 2002, the Board of County Commission approved the purchase of FDOT Parcel No. 100 for Lennard Road Right-of-Way. During the acquisition process staff determined a blanket easement in favor Florida Power & Light Company (FP&L) existed on the parcel. The Public Works Department requested staff contact FP&L to request they release the blanket easement. FP&L will release the blanket easement in exchange for the attached la' Utility Easement. RECOMMENDATION: Staff recommends that the Board approve the 10' Utility Easement in favor of Florida Power & Light Company, authorize the Chairman to execute the Easement and instruct staff to record the Easement in the Public Records of St. Lucie County, Florida. Respectfully submitted, G: \ACQ\ WP\J oAnn\FDOT ParcellOO\Agenda Memo FPL Easement,wpd ~ ~ I , I I 1 I-~ I. ,S! ......-- ItA..." Ttt~f') ....-.---.-.------"" l 'I i I i " i ¡ ¡ \ 1 \ ì \......--, ) \ ." "'--... -----':;¡.,¡¡:::.._--- , I ~ ------------ ,-_...~../....-_.-._.-. ¡ i \ ¡ ., '\ _J_________L " \ , i ...) on ~ .., ~ ... ~ ~ 1 1 1 I I .. I ~ ~ I /""j ! ~ ! ,/ ~ ¡ I!) 1 .I / I +---7--------- _________~~---J-------------- } , (, 1"1 ~ _._ .' _.J ~ ~" ¡ '. .,.' ,('- -. 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I ~ ! ¡¡SII ~'!i !¡ fir '-' ...., This instrument prepared by: JoAnn Riley under direction of Daniel S. McIntyre, County Attorney St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 EASEMENT Section 15, Township 36 South, Range 40 East Parcel I.D. No. 3415-501-0009-010/7 The undersigned, in consideration of the payment of $1.00 and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, grant and give to Florida Power & Light Company, a Florida corporation, its licensees, agents, successors, and assigns, an easement forever for the construction, operation and maintenance of overhead and underground electric utility facilities (including wires, poles, guys, cables, conduits and appurtenant equipment) to be installed from time to time; with the right to reconstruct, improve, add to, enlarge, change the voltage, as well as, the size of and remove such facilities or any of them within an easement 10 feet in width described as follows: SEE ATTACHED EXHIBIT A Together with the right to permit any other person, firm or corporation to attach wires to any facilities hereunder and lay cable and conduit within the easement and to operate the same for communications purposes; the right of ingress and egress to said premises at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the easement area; to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the easement area which might interfere with or fall upon the lines or systems of communications or power transmission or distribution; and further grants, to the fullest extent the undersigned has the power to grant, if at all, the rights hereinabove granted on the land heretofore described, over, along, under and across the roads, streets or highways adjoining or through said property. IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on this 3rd day of FEBRUARY, 2004. Signed, sealed and delivered in the presence of: BOARD OF COUN1Y COMMISSIONERS OF ST. LUCIE COUN1Y, FLORIDA Signature Print Name: BY: CHAIRMAN '-' ..."., Print Name: Paula A. Lewis Signature Print Name: Print Address: 2300 Virginia Avenue Fort Pierce. Florida 34982 ATTEST: APPROVED AS TO FORM AND CORRECTNESS DEPUTY CLERK County Attorney STATE OF FLORIDA COUNTY OF ST. LUCIE On this 3rd day of FEBRUARY, 2004, before me, the undersigned notary public, personally appeared PAULA A. LEWIS, CHAIRMAN, of ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS, personally known to me to be the person who subscribed to the foregoing instrument and acknowledged that she executed the same and that she was authorized to do so. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA Name Print G:\ACQ\ WP\J oAnn\FDOT ParcellOO\FPL Easement.wpd 2 " ... . , NTS (NOT TO SCALE) .JI NE CORNER SECTION 15 T -36-S, R-40-E POiNT OF COMMENCEMENT S 89'49'06" E \y 2013.72' ìf- - w nr--- -.:rOC) ..- ..- (J) . L{) 0<.0 o (/) POINT OF TERMINATION --¡---r' -~i 1J rT1 ¡ UI::C 0rT1!00 ."......¡Offl Z !(.¡n "->9! -t 5.00' 5,00' S 89'46'55" W PROJEcT" NAWE:·-m....-...-........-m-.......--........... FOR COUNTY ATTORNEY PROPOSED FPL EASEMENT PARCEL 100 $: :l()d o 0 "l 0 ~ IJ.Í o o z '- 81.99' POINT OF BEGINNING THIS is NOT A SURVEY .... ..~..'_.'- ~~~~~~~;~\~ij~~~;~~!~.. ~!i!~~~~ " \..t ..., DESCRIPTION: la' FOOT UTILITY EASEMENT AN EASEMENT FOR UTILITY PURPOSE OVER, UNDER AND ACROSS A PARCEL OF LAND LYING IN SECTION 15, T-36-S, R-40-E, ST. LUCIE COUNTY, FLORIDA. SAID EASEMENT LYING 5.00' FEET EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCE AT THE NORTHEAST CORNER OF SECTION 15, T-36-S, R-40-E; THENCE S 89 49'06" W ALONG THE NORTH LINE OF SAID SECTION 15 A DISTANCE OF 2013.72' FEET; THENCE S 00 II' 43" E A DISTANCE OF 659.87' FEET TO A POINT ON THE SOUTH LINE OF LOT 7, BLOCK 1 OF THE MODEL LAND COMPANY SUBDIVISION AS RECORDED IN PLAT BOOK 1 AT PAGE 41 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE S 89 46' 55" W ALONG THE SOUTH LINE OF SAID LOT 7 A DISTANCE OF 81.99' FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED CENTER LINE; THENCE N 00 13'05" W A DISTANCE OF 5.00' FEET TO THE POINT OF TERMINATION. SAID EASEMENT CONrAINING 50' SQUARE FEET, MORE OR LESS. BEARING BASE: THE NORTH LINE OF SECTION 15, T-36-S, R-40-E IS TAKEN TO BEAR N 89 49'06" E AND ALL OTHER BEARINGS ARE RELATIVE THERETO. CERTIFICATE: I hereby certify that the sketch of legal description represented hereon, dated this G'7-/I; day of ~.N'Û,o...ef" 2003, is true and correct to the best of my knowledge and belief, and meets the Minimum Technical Standards set forth by the Florida Board of Surveyors and Mappers in Chapter 61G17-6, Florida Administrative Co~e, pursuant to Section 472.072 Florida Statutes. NOTE: NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER ø PROFESSIONAL SURVEYOR AND MAPPER RONALD H. HARRIS STATE OF FLORIDA NO. 4198 SHEET 2 OF 2 ~ AGENDA REQUEST 'wi' ITEM NO: C-s DATE: February 3, 2004 REGULAR ] PUBLIC HEARING CONSENT [ X] TO: SAINT LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks and Recreation PRESENTED BY: Pete Keogh SUBJECT: ROOF REPLACEMENT AT THE FORT PIERCE COMMUNITY CENTER BACKGROUND: The roof at the Fort Pierce Community Center is in desperate need of replacement. Staff's initial assessment estimated at least three more years of use; however, in its current condition, we have determined that it is no longer cost-effective to allocate any additional funding toward its repair. This agenda requests the Board's approval to reprogram leftover dollars ($34,514.00) from the recently completed Recreation Division Office improvement project. PREVIOUS ACTION: N/A FUNDS WILL BE MADE AVAILABLE IN: 316-7210-546200-150087 (Maint Imprvrnnt Projects - FPCC Maint Improvrnts) RECOMMENDATION: Staff recommends approval of authorization to reprogram the leftover $34,514.00 from the Recreation Division Office improvement project to the Fort Pierce Community Center to replace the roof. Staff further requests permission to advertise for bids for the roof replacement. 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'" ZZZZ :( U ::J 0000 I- CI UUUU U Z VI '" 00 a: « u.. 0 '" U :r '" '" I>. "I I- U 0 >- M >- U ... a: 01>. a: '" -0 a: 0 '" Z U '" 1: '" I>. I- a: ::JU Z 0 OZI-'" a:_z1: '" Z U...«", U 0 ... ... ... U VI U_I>.~ Z '" I- :OO~_ 0 I>. ...",:r 00 '" ... VI I- VI 0 U -«",0 '" VI c:aL&J~Z U '" "'''' ;; 0 OU...1: OZ"'U '" «_0'" '" VI 1-'" 0000 VlO 0000 >- M 00 0000 U 0 -0 UU 0000 c< 0 0 NNNN '" "I 'Of" Z '- 0 1: '" 0 '" M "I I- 0000 0 '- U -0 0 '" "'''' I- Z U'" '" ZO -NMV 0 I- 00 «a: 0000 0 « 0 :r0 '" 0 U Y. - oj ~ ....., AGENDA REQUEST ITEM NO. 6-a DATE: Feb. 3. 2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: DON MCLAM ASSISTANT DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES SUBJECT: RELEASE OF RETAINAGE: TECO ENERGY SERVICES, INC. BACKGROUND: Through Board approval St. Lucie County entered into contract with TECO Energy Services, Inc. on September 25, 2001 for performance contracting in the following locations: Downtown Courthouse and Annex, Roger Poitras & Administration Buildings, Agricultural Office, Emergency Management and Rock Road Jail. In fulfillment of their contract, TECO has completed retrofit of energy efficient equipment at these locations and this project has been inspected and approved by the Project Manager. Staff is requesting final payment of retainage in the amount of $319,659.60. FUNDS AVAIL: 001007 -0000-205100-15012 (Accounts Receivable/Retainage) 316-0000-205100-15012 (Accounts Receivable/Retainage) PREVIOUS ACTION: Board of County Commissioners approve Change Order No.3 to Contract #C01-09-590 on Jan. 6, 2004, Item No.3-b. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve final payment of retainage in the amount of $319,659.60 to TECO Energy Services, Contract No. C01- 09-590. MISSION ACTION: I APPROVED [] DENIED r' J OTHER: Approved 5-0 D ug Anderson County Administrator ~ Coordination/Signatures eo,"1y Attome: . ~ ~gt & B,d,et þe() ¡fI\MG¡ Originating Dept'U ~ ~ ,I I (), Other: ..{¡nance: (Check for Copy only, if APPlicable)~ Purchasing Mgr.: Other: Eft. 1/97 H:\AGENDA\AGENDA REQUEST FORM.WPD - ...... -- .. '-" -...J MEMORANDUM DEPARTMENT OF CENTRAL SERVICES TO: Board of County Commissioners, Chairwoman Don McLam, Assistant Director of Central Service~ FROM: DATE: January 3, 2004 SUBJECT: Release of partial retainage - TECO - Agenda #C6a ********************************************************************************* Consent Item # 6a was requested to be pulled, however we are requesting that the item stay on the agenda with a modification. The amount of retain age be lowered ITom $319,659.60 to $267,263.60, we will continue to hold $20,000.00 in retainage until we are satisfied with the operational controls for the Rock Road Jail NC System. This change has been reviewed and approved by the County Attorneys Office. CCI BOCC Doug Anderson, County Administrator Dan McIntyre, County Attorney ~ '- ...... ;I' AGENDA REQUEST ITEM NO. 6-b DATE: Feb. 3. 2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: DON MCLAM ASSISTANT DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES SUBJECT: RE-BID WASTEWATER SCREENING FACILITY AT ROCK ROAD JAIL BACKGROUND: On August 19, 2003 the Board approved invitation to Bid for a Wastewater Screening Facility at the Rock Road Jail. After design, bids were received on January 7, 2004, with seven (7) bid packages picked up and two (2) bid packages received. The low bidder is $94,360.00 more then what remains budgeted. We are in the process of making modifications to the design and specifications in an effort to lower the cost at which time staff would like to re-bid with those modifications. FUNDS AVAIL: 316-1940-562000-1527 (Capital Building Fund-Rock Road jail) PREVIOUS ACTION: Board of County Commissioners approved Consent Item No. c-7a on August 19, 2003. RECOMMENDATION: Staff recommends the Board reject the two bids submitted and re-bid with modifications to the original design and specification. MISSION ACTION: rxJ APPROVED [] DENíED [ ] OTHER: . Approved 5-0 oug Änderson County Administrator .,;purchasing Mgr.: ¡/¡;( f Other: Coordination/Signatures County Attorney: Originating Dep~~ Mgt. & Budget: Other: Finance: (Check for Copy only, if Applicable) Eft. 1/97 H:\AGENDA\AGENDA REQUEST FORM.WPD .. ~ jY '-- ....¡' ~ ::¡ - 0 « LL ...J « Z 0 ¡:: 0 W 0::: 0::: 0 0 C « 0 0::: ~ 0 0 0::: ~ Z w W en 0::: 0::: 0 W~ en Z~ 0::: 00 w - . I- en~ enO ~ ~ -=It :EO 0 W 0 :E- l- N_ om en ~ o· ~' ,.... 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[ ] [X ] [ ] [ ] Quasi-JD [ To: Submitted By: Board of County Commissioners Community Development SUBJECT: BACKGROUND: On July 9,2003, the Community Development Director approved CD Order 03-022, which granted Minor Site Plan approval for a 2-lot subdivision on 4.55± acres of land to be known as Twisted Oak Estates Subdivision. This parcel is located on the east side of Lewis Street at the northeast corner of the intersection of Lewis Street and Upsal Avenue. The subject property is currently undeveloped. As part of the development of this property, the developers are not required to convey any additional right-of-way for Lewis Street. At present, there are no plans for any improvements to Lewis Street. FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: N/A N/A Staff recommends that the Board approve the Plat for the "Twisted Oak Estates Subdivision" and authorize staff to complete the final processing of this Plat. COMMISSION ACTION: [XJ APPROVED 0 DENIED c=:J OTHER Approved 5-0 Coordination/ Signatures County Attorney Finance.: Environ. Resources; IJ: ,.. , Mgt. & Budget: Fire Dept: Utility: Purchasing: Public Works: Engineering: Other: ..,. \..f '..I COMMISSION REVIEW: February 3, 2004 COMMUNITY DEVELOPMENT DEPARTMENT (Planning Division) MEMORANDUM TO: County Commission FROM: Community Development Director DATE: January 26, 2004 SUBJECT: Consider approval of the Plat of "Twisted Oak Estates" Subdivision On July 9, 2003, the Community Development Director approved CD Order 03-022, which granted Minor Site Plan approval for a 2-lot subdivision on 4.55± acres of land to be known as Twisted Oak Estates Subdivision. Parcel 1 contains 2.25 acres of land and has a roadway frontage of 282.38 feet. Parcel 2 contains 2.30 acres of land and has a roadway frontage of 30 feet. The minimum roadway frontage within in the RM-9 (Residential, Multiple-family - 9 du/acre) Zoning District with single-family development is 30 feet. This parcel is located on the east side of Lewis Street at the northeast corner of the intersection of Lewis Street and Upsal Avenue. The subject property is currently undeveloped. As part of the development of this property, the developers are not required to convey any additional right-of-way for Lewis Street. At present, there are no plans for any improvements to Lewis Street. All appropriate county staff has reviewed the proposed project. Staff recommends that the Board approve the "Twisted Oak Estates Subdivision" plat and authorize staff to complete the final processing of this Plat. 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I "\Y"" ~ To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Agenda Request ...... Item Number: ~ b Meeting Date: 2/3/04 Consent Regular Public Hearing Leg. [ ] [X ] [ ] [ ] Quasi-JD [ Board of County Commissioners Community Development t Director Consider Draft Resolution 04-010 approving the request of Frank Vega for a Major Site Plan Approval to allow the construction of a 162,841 square foot tr ck storage and distribution facility that will contain a 460 square foot office trailer and 162,381 square feet of paved truck parking/storage area within the Carboy Industrial Park to be known as Oceanic Transportation for property located in the IL (Industrial Light) Zoning District. (File No.: MJSP-03-005) Frank Vega, Oceanic Transportation, has applied for Major Site Plan approval to allow the construction of a 162,841 square foot truck storage and distribution facility (460 square foot office trailer and 162,381 square foot paved truck parking/storage area) to be known as Oceanic Transportation. The proposed truck storage and distribution facility has been determined not to have an undue or adverse effect upon nearby properties. The subject property is surrounded by industrial uses to the north, south, east and west. The proposed project is consistent with the existing industrial development patterns along Boyd Road/Orange Avenue Extension intersection.. N/A N/A Staff recommends approval of Draft Resolution 04-010, subject to the conditions contained within the resolution. ~ ....,¡ COMMISSION REVIEW: February 3,2004 COMMUNITY DEVELOPMENT DEPARTMENT (Planning Division) MEMORANDUM TO: County Commission FROM: Dennis Murphy, Community Development Director DATE: January 26,2004 SUBJECT: Petition of Frank Vega, Oceanic Transportation, for Major Site Plan to allow the construction of a 162,841 square foot truck storage and distribution facility (460 square foot office trailer and 162,381 square feet of paved parking/storage area for the project known as Oceanic Transportation in the IL (Industrial, Light) Zoning District (File No.: MJSP-03-005) LOCATION: East side of Boyd Road, approximately 763 feet north of the intersection of Boyd Road and Orange Avenue EXISTING ZONING: IL (Industrial Light) LAND USE DESIGNATION: MXD (Mixed Use Development - Orange Avenue) PARCEL SIZE: 6.47 Acres PROPOSED USE: A 162,841 square foot truck storage and distribution facility Phase I - 460 square foot office trailer and 29,931 square feet of paved parking Phase II - 35,962 square feet of paved parking Phase 111- 91 ,926 square feet of paved parking SURROUNDING LAND USE: MXD (Mixed Use - Orange Avenue) to the north south, east and west. The surrounding uses are industrial in nature within the Carboy Industrial Park. FIRE/EMS PROTECTION: Fire Station Number 11 (3501 Shinn Road) is located approximately 3 Y2 miles to the southwest. UTILITY SERVICE: The subject property will be serviced water through an onsite well and sewer services to be provided onsite through a septic system. The subject property is located outside of the existing urban service boundary for St. Lucie County '-' .." January 26, 2004 Page 2 Subject: Oceanic Transportation File No.: MJSP-03-002 TRANSPORTATION IMPACTS: Right of Way Adequacy: Orange Avenue west of Kings Highway is a county owned roadway facility with a 1 DO-foot right-of-way width; Boyd Road is a county owned and maintained roadway facility with a 50-foot right-of-way width. Scheduled Area Improvements: None TYPE OF CONCURRENCY DOCUMENT REQUIRED: Certificate of Capacity ******************************************** STANDARDS FOR SITE PLAN REVIEW Section 11.02.07, of the St. Lucie County Land Development Code identifies the minimum Standards of Reviewfor all proposed Site Plans. These standards must be met in order for any site plan approvals to be considered. Staff has reviewed the request for Major Site Plan approval, utilizing these requirements and notes the following: A. CONSISTENCY WITH LOCAL ORDINANCES AND COMPREHENSIVE PLAN The proposed building or use is consistent with the general purpose, goals, objectives, and standards of this Code, the St. Lucie County Comprehensive Plan, and the Code and Compiled Laws of St. Lucie County; and the proposed use complies with all additional standards imposed on it by the particular provisions of this Code authorizing such use and any other requirement of the Code and Compiled Laws of St. Lucie County. The proposed Oceanic Transportation site plan is consistent with the general purpose, goals, objectives and standards of this Code, the St. Lucie County Comprehensive Plan, and the Code and Compiled Laws of St. Lucie County, and the proposed use complies with all additional standards imposed on it by the particular provisions of this Code authorizing such use and any other requirement of the Code and Compiled Laws of St. Lucie County. These policies include, but are not limited to: Policv 1. 1. 1. 1 of the St. Lucie County Comprehensive Plan establishes a maximum intensity for nonresidential uses within the MXD (Mixed Use) land use category as 40% - 50% lot coverage by structure. The project is proposed to be developed at an intensity by building of 0.16%. Therefore, the proposed project is consistent with this policy. The subject property is located within the Medium Intensity activity area as outlined in Policy 1.1.7.3 '-' ...,J January 26, 2004 Page 3 Subject: Oceanic Transportation File No.: MJSP-03-002 of the Comprehensive Plan for the MXD-Orange A venue Activity Area Use Density/Intensity Residential 5 to 9 du/acre I nstitutiona I 1.0 FAR (floor area ratio) Professional Service/Office 1.0 FAR General Commercial .75 FAR Public Service/Utility .25 FAR Industrial .25 FAR The 6.47 acre site would be permitted a maximum of 70,497 square feet of building on this site. The applicant's are proposing to construction only O. 16% of the site as building. Therefore, the proposed project is consistent with this policy. Section 3.01.03(T)(I) indicates that motor freight transportation and warehousing and automotive and automotive parking are permitted uses within the IL (Industrial Light) zoning district. The proposed use is identified in the Standard Industrial Classification as being designated as Motor Freight Transportation and Warehousing. B. EFFECT ON NEARBY PROPERTIES 1. The proposed building or use will not have an undue adverse effect upon nearby property, the character of the neighborhood, traffic conditions, parking, utility facilities, and other matters affecting the public health, safety, and general welfare. The proposed 162,841 square foot site plan for the Oceanic Transportation truck storage and distribution center has been determined not to have an undue or adverse effect upon nearby properties. The properties to the north, south, east and west are all located within the Carboy Industrial Park and as such are designated for Industrial uses within the industrial park. The proposed project will continue the current industrial development patterns along Orange Avenue in this area and within the Carboy Industrial Park. 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. 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. '-" ...,J January 26, 2004 Page 4 Subject: Oceanic Transportation File No.: MJSP-03-002 2. All reasonable steps have been taken to minimize any adverse effect of the proposed building or use on the immediate vicinity through building design, site design, landscaping, and screening. The proposed development provides for a 10-foot landscape buffer and 15-foot perimeter swale along the northern property line; a 10-foot landscaping buffer and 20-foot drainage and utility easement along the eastern property line; a 1 O-foot landscape buffer and 30-foot drainage and utility easement along the southern property line and varied 10-foot and 15- foot landscape buffer along the western property line. In addition, the proposed project will have a storm water pond along the southwest portion of the site. Also the applicant proposes to install a six-foot chain link fence for security purposes. These landscape buffers provide for a visual buffer along all property boundaries. Along the southern boundary in addition to the landscape buffer the applicant proposes a storm water retention pond that will have landscaping around the pond. 3. The proposed building or use will be constructed, arranged, and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. The design of the proposed project has been determined not to interfere with the development or use of neighboring properties. The surrounding properties to the north, south, east and west are designated with an IL (Industrial Light) zoning designation and are located within the Carboy Industrial Park, and therefore, the proposed project is compatible with the surrounding properties. C. ADEQUACY OF PUBLIC FACILITIES The proposed building or use complies with the standards of Chapter V, Adequate Public Facilities. The proposed 161,841 square truck storage and distribution center is not expected to cause any of the existing transportation links in this area to fall below an acceptable minimum Level of Service. Orange Avenue, east of Shinn Road is a county owned and maintained 2-lane roadway facility that operates at a LOS A. This segment of roadway was constructed to handle a capacity of 18,900 daily trips. Currently, there are only 4,300 committed trips for this roadway facility, leaving 14,600 trips available on this roadway segment. Based upon this, sufficient capacity exists on this segment of roadway to meet the demands of the proposed project. The proposed project will be using an onsite well and septic systems as public services are not available in this area at this time. The subject property is located outside of the County's existing urban service boundary. In addition, this area has not been designated within any public service delivery area for a municipal service provider. The Carboy Industrial Park was designed with a central storm water retention pond. As part of the project site design, this retention pond will need to be increased to accommodate the needs of the project. The proposed increased storm water pond will be required to obtain South Florida Water Management District approval prior to obtaining a construction permit. '-" ...." January 26, 2004 Page 5 Subject: Oceanic Transportation File No.: MJSP-03-002 D. ADEQUACY OF FIRE PROTECTION The applicant has obtained from the St. Lucie County Bureau of Fire Prevention written confirmation, or has otherwise demonstrated by substantial credible evidence, that water supply, evacuation facilities, and emergency access are satisfactory to provide adequate fire protection. The applicant has obtained from the St. Lucie County Fire District written confirmation that the proposed site plan conceptually meets the minimum access and water supply requirements for fire protection services at this facility. E. ADEQUACY OF SCHOOL FACILITIES The proposed building or use will be served by adequate school facilities. As this project is an industrial operation, no school facilities will be impacted by this development. F. ENVIRONMENTAL IMPACT For developments required to provide an environmental impact report under Section 11.02.09(A)(5), the proposed development will not contravene any applicable provision of the St. Lucie County Comprehensive Plan, or of Chapter VIII, "Natural Environment Analysis", of the St. Lucie County Barrier Island Study Analysis of Growth Management Policy Plan, Kimley-Horn and Associates, Inc. (August, 1982). The subject property was previously cleared and no native vegetation exists on the site. As part of the site plan process the applicant is required to install landscaping buffers around the site. *************************** COMMENTS: Frank Vega has applied for a Major Site Plan approval for a 168,467square foot truck storage and distribution center to be known as Oceanic Transportation. The proposed project is to be located on the east side of Boyd Road, approximately 800 feet north of the intersection of Boyd Road and Orange Avenue. The proposed project has been determined to be consistent with the surrounding land uses and zoning designations and is compatible with the surrounding area. In addition, it has been determined that the proposed project will not to have an undue or adverse effect upon nearby properties. The subject property is surrounded by industrial uses to the north, south, east and west. The proposed project is consistent with the existing industrial development patterns along Orange Avenue within the subject area and with development in the Carboy Industrial Park. '-" .~ January 26, 2004 Page 6 Subject: Oceanic Transportation File No.: MJSP-03-002 The proposed petition is consistent with the Goals, Objectives and Policies of the St. Lucie County Comprehensive Plan and satisfies the criteria set forth in the St. Lucie County Land Development Code. Attached is a copy of Draft Resolution 04-010, which, if approved, would grant this request for a Major Site Plan approval, subject to the following conditions: 1. The applicant shall be required to provide a landscape buffer along all four sides of the storage compound, consistent with minimum county landscape codes. Any existing native vegetation may be utilized for this landscape buffer and supplemented with additional vegetative materials as needed to meet minimum code requirements. Staff recommends approval of Draft Resolution 04-010. If you have any questions, please let us know. SUBMITTED: Dennis J. Murphy, AICP Community Development Director cs H :/wp/projects/Oceanic Transporation/agenda/bccmemo. cc: County Administrator County Attorney Planning Manager Frank Vega, Oceanic Transportation David Phillips, Culpepper & Terpening, Inc. ....." ...., 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 04-010 FILE NO.: MJSP-03-005 A RESOLUTION GRANTING APPROVAL TO A MAJOR ADJUSTMENT TO AN APPROVED SITE PLAN PROJECT KNOWN AS OCEANIC TRANSPORTATION 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. Frank Veaa, presented a petition for a Major Site Plan, to be known as Oceanic Transportation, that provides for a 162,841 square foot truck storage and distribution center (460 square feet office/trailer and 162,381 square feet of paved parking) to be located on a parcel of land located on the east side of Boyd Road approximately 800 feet north of the intersection of Orange Avenue and Boyd Road, in the IL (Industrial Light) Zoning District for the property described in Section B. 2. The Development Review Committee has reviewed the site plan for the proposed project and found it to meet all technical requirements and to be consistent with the future land use maps of the St. Lucie County Comprehensive Plan, subject to the conditions set forth in Part A of this Resolution. 3. The proposed project is consistent with the general purpose, goals, objectives and standards of the St. Lucie County Land Development Code, the St. Lucie County Comprehensive Plan and the Code of Ordinances of St. Lucie County. 4. The proposed project will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety and general welfare. 5. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through building design, site design, landscaping and screening. 6. The proposed project will be constructed, arranged and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. 7. The proposed project will be served with onsite well and septic. 8. A Certificate of Capacity, a copy of which is attached to this resolution, was granted by the Community Development Director on February 3, 2004. '-" ...", 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 11.02.05 of the St. Lucie County Land Development Code, the Major Site Plan to be known as Oceanic Transportation, is hereby approved as depicted on the site plan drawings for the project prepared by Culpepper & Terpening, dated 12/24/02, and last revised on 11/22/03 and date stamped received by the St. Lucie County Community Development Director on 12/23/03, for the property described in Section B, subject to the following conditions. 1) The applicant shall be required to provide a landscape buffer along all four sides of the storage compound, consistent with minimum county landscape codes. Any existing native vegetation may be utilized for this landscape buffer and supplemented with additional vegetative materials as needed to meet minimum code requirements. B. The property on which this Major Site Plan approval is being granted is described as follows: DESCRIPTION PARCEL TWO BEING THE SOUTHWEST ¥4 OF THE NORTHEAST ¥4 OF SECTION 12, TOWNSHIP 35 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA, LYING NORTH OF ORANGE AVENUE EXTENSION (STATE ROAD 68) AND EAST OF THE NORTH ST. LUCIE RIVER WATER CONTROL DISTRICT (NSLRWCD) CANAL NO. 57, LESS AND EXCEPTING THE FOLLOWING DESCRIBED LANDS: (JOHNSTON IRRIGATION INC., 3/14/86, OR 494-544) BEING THE WEST 150 FEET OF THE SOUTH 297 FEET OF THE FOLLOWING DESCRIBED LANDS: BEING THE SOUTHWEST ¥4 OF THE NORHTEAST ¥4 OF SECTION 12, TOWNSHIP 36 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA, LYING NORTH OF ORANGE AVENUE AND EAST OF NSLRWCD CANAL NO. 57. (JOHNSTON IRRIGATION INC., 2/19/87, OR 535-1613) THE NORTH 277 FEET OF THE SOUTH 574 FEET OF THE WEST 150 FEET OFTHE FOLLOWING DESCRIBED LANDS: BEING THE SOUTHWEST ¥4 OF THE NORTHEAST ¥4 OF SECTION 12, TOWNSHIP 35 SOUTH, RNAGE 38 EAST, ST. LUCIE COUNTY, FLORIDA, LYING NORHT OF ORANGE AVENUE AND EAST OF THE NSRWCD CANAL NO. 57. (BOSQUE LEASING CO., 11n/86, OR 520-2041) COMMENCE AT THE INTERSECTION OF THE EAST RIGHT OF WAY LINE OF THE NSLRWC DISTRICT CANAL NO. 57 WITH THE NORTH RIGHT OF WAY LINE OF ORANGE AVENUE; THENCE RUN NORTH 89°56'45" EAST, A DISTANCE OF 271.56 FEET, TO THE POINT OF BEGINNING; THENCE RUN NORTH 00°02'27" EAST, A DISTANCE OF '297.00 FEET, THENCE RUN NORTH 89°56'45" EAST, A DISTANCE OF 150.25 FEET; THENCE RUN SOUTH 00°02'27" WEST, ADISTNACE OF 272.04 FEET, TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST; THENCE RUN SOUTHWESTERLY ALONG THE SAID CURVE HAVING A RADIUS OF 25.00 FEET, AN INTERIOR ANGLE OF 89°54'18" AND AN ARC LENGTH OF 39.23 FEET, TO THE POINT OF TANGENCY OF SAID CURVE; THENCE RUN SOUTH 89°56'45" WEST, A DISTANCE OF 125.29 FEET, TO THE POINT OF BEGINNING; ALL LAND LYING AND BEING IN SECTION 12, TOWNSHIP 35 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA. (HORTON, BENJAMIN S. AND SHARON Y., H/W, 6/19/85, OR 469-39) COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHWEST ¥4 OF THE NORTHEAST ¥4 OF SECTION 12, TOWNSHIP 35 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA; '-" ....", 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 THENCE RUN NORTH 000 02'05" WEST, ALONG THE EAST LINE OF SAID SOUTHWEST v.. OF THE NORTHEAST v.., A DISTANCE OF 27.15 FEET, TO THE NORTH RIGHT OF WAY LINE OF ORANGE AVENUE EXTENSION (SR 68); ALSO BEING THE POINT OF BEGINNING; THENCE RUN SOUTH 89056'45" WEST, ALONG SAID NORHT RIGHT OF WAY LINE, A DISTANCE OF 536.69 FEET; THENCE RUN NORTH 00002'05: WEST, A DISTANCE OF 555.00 FEET; THENCE RUN NORTH 89056'45" EAST, A DISTANCE OF 536.69 FEET, TO THE EAST LINE OF SAID SOUTHWEST v.. OF THE NORTHEAST v..; THENCE RUN SOUTH 00002'05" EASTM AKING THE SAID EAST LINE, A DISTNACE OF 555.00 FEET, TO THE POINT OF BEGINNING, ALL LYING AND BEING IN SECTION 12, TOWNSHIP 35 SOUTH, RANGE 38 EAST, ST. LUCIE COUNTY, FLORIDA AND CONTAINING 6.8380 ACRES, MORE OR LESS. AND FURTHER LESS AND EXCEPTING THEREFROM LOTS 1,2,3,4 AND 5, BLOCK "A"; LOTS 1,2,3,4,5,6 AND 7, BLOCK "B"; LOT 1, BLOCK "C"; LOTS 1, 2 AND 3, BLOCK "D"; TRACT "A" AND TRACT "B", STORMWATER MANAGEMENT AND ALL RIGHTS OF WAY; CARBOY INDUSTRIAL PARK - UNIT ONE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 28, PAGE 13, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. AND FURTHER LESS AND EXCEPTING THEREFROM PROPERTY LYING NORTH OF THE EASTERLY EXTENSION OF THE SOUTHERLY RIHGT OF WAY LINE OF WEST PARK LANE (A 60' WIDE RIGHT OF WAY) ACCORDING TO THE PLAT OF CARBOY INDUSTRIAL PARK - UNIT ONE AS RECORDED IN PLAT BOOK 28, PAGE 13, OF THE PUBLIC RECORDS OF ST. LUJICE COUNTY, FLORIDA. AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF LOT 1, BLOCK "C" CARBOY INDUSTRIAL PARK - UNIT ONE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 28, PAGE 13, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA AND A POINT LYING 350.01 FEET SOUTH OF THE NORTH LINE OF THE SOUTHWEST v.. OF THE NORTHEAST v.. OF SAID SECTION 12, TOWNSHIP 35 SOUTH, RANGE 38 EAST, A DISTANCE OF 674.38 FEET, TO THE EAST LINE OF SAID SOUTHWEST v.. OF THE NORTHEAST v.. OF SAID SECTION 12, TOWNSHIP 35 SOUTH, RANGE 38 EAST; THENCE SOUTH 00002'05" EAST ALONG SAIDE EAST LINE A DISTANCE OF 396.61 FEET, TO THE NORTH LINE OF PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 469, AT PAGE 39, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE SOUTH 89056'45" WEST, ALONG SAID NORTH LINE A DISTNACE OF 563.69 FEET, TO THE EAST LINE OF TRACT "B" (STORMWATER MANAGEMETN), OF SAID CARBOY INDUSTRIAL PARK - UNIT ONE; THENCE NORTH 00002'05: WEST ALONG SAID EAST LINE A DISTANCE OF 154.18 FEET TO THE NORTHEAST CORNER OF SAID TRACT "B" THENCE NORTH 89019'39" WEST ALONG THE NORHT LINE OF TRACT "B" A DISTNAC EOF 141.09 FEET TO THE SOUTHEAST CORNER OF LOT 1, BLOCK "C"; THENCE NORTH 00045'21" EAST ALONG SAID EAST LINE OF LOT 1, BLOCK "C", A DISTANCE OF 250.00 FEET RETURNING TO THE POINT AND PLACE OF BEGINNING. TOGETHER WITH LOT 1, BLOCK "C" ACCORDING TO THE PLAT OF CARBOY INDUSTRIAL PARK - UNIT ONE. PARCEL ONE CONTAING 6.47 ACRES, MORE OR LESS (Tax ID Is: 2212-131-0001-0007). (Location: East side of Boyd Road, approximately 800 feet north of the intersection of Boyd Road and Orange Avenue intersection.) ~.. ...1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 C. This Major Site Plan shall expire on January 3,2006, unless a building permit is issued or an extension is granted in accordance with Section 11.02.06(B)(3), St. Lucie County Land Development Code. Completion of one phase of the project shall serve to vest for future development of the remaining phases subject to meeting all applicable building codes and requirements. D. The Major Site Plan granted under this Resolution is specifically conditioned to the requirement that the petitioner, Frank Vega, including any successors in interest, shall obtain all necessary development permits and construction authorizations from the appropriate State and Federal regulatory authorities, including but not limited to: the United States Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District, prior to the issuance of any local building permits of authorizations to commence development activities on the property described in Part B. E. A Certificate of Capacity, a copy of which is attached to this resolution, was granted by the Community Development Director on February 3, 2004, which certificate shall remain valid for the period of Site Plan approval. Should the Site Plan approval granted by this resolution expire or an extension be sought pursuant to Section 11.07.05(F) of the St. Lucie County Land Development Code, a new certificate of capacity shall be required. F. A copy of this resolution shall be attached to the site plan drawings described in Section A, which plan shall be placed on file with the St. Lucie County Community Development Director. After motion and second, the vote on this resolution was as follows: Chairman Paula Lewis XXX Vice-Chairman John Bruhn XXX Commissioner Doug Coward XXX Commissioner Cliff Barnes XXX Commissioner Frannie Hutchinson XXX PASSED AND DULY ADOPTED this 3rd day of February 2004. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman '-' 1 2 3 4 5 6 i 10 11 12 13 14 15 16 17 18 ATTEST: APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY DEPUTY CLERK cs: H:\W P\projects\Oceanic Transporation\agenda\\Res.0401 O.doc ....¡ '-' '-' 1 EXHIBIT "A" CERTIFICATE OF CAPACITY · '. '-- EXHIBIT "C" SITE PLAN GRAPHIC ,.." ~-;;""7' , ',..".. ."" ''"'\ -i'-~;~t>,,~,4:.- ,', - ., .r,;<,:--·'-Ô~~,"~~_~_~~ ~ \ '-Ì AGENDA REQUEST ITEM NO. ...... ~ DATE: Feb. 3, 2004 REGl.JLAR [ ] Pl.JBLlC HEARING [ ] CONSENT [x] , ' Ì , ., ,,' INVESTMENT FoR TtlIEFUTUR'E \ /, \,.- -," .'. ',' -.-'. TO: BOARD OF COUNTY COMMISSIO~ERS SUBMITTED BY (DEPT): CENTRAlSERVICES SUBJECT: RE-ALLOCATION OF BUDGETED FUNDS. PRESENTED BY: DON MCLAM ASSISTANT DIRECTOR / BACKGROUND:.At the Lakewo~ Park Branch 1_~ral'Y,staff,had budgeted IFF funds for two building main~enance projects: 1) paint Interior of Ilbraryiaríd 2) replace old condensing unit. The condensing ,unit wasreplac,d In-house and thelntarlor' walls cleaned (not painted) which resulted in a sávings of $20,225.00. . .' " . -:. - Staff is reque~ting that $15,000.00 of thè $20,225.00 be reallocatèd to the following: a) Replace pipe and fan bladè on coonng towtuatCourthouse ($8,000.00). b) Replace radiator, 011 sender, seáls~ etc., for the generator at the Courthouse ($7,000.00). . .. FUNDS AVAIL: ! From: 316-1931.~46200-15017{LákeYlo()dPark Library Main!enance Projects) To: 316-1931-546200~1531(Courth()use Annex Maintenance Projects) PREVIOUS ACTION: Oçtober 1, 2003.thè Board of County Conunission$rs approved Central Services Budget. " I RECOMMENDATION: Staff recommends thê8.oardofCotintyCommissioners approve the reallocation of above m~tedlrvestmeritFor The Futute F~nd$lnthe amount of ~15:000.00. MISSION ACTION: øq APPROVED '[ ] DENIED,' [ ] OTHER: Approved 5-0 ° g Anderson -- , county Administrator ::::~~ . . ~~fHJ Finance: (Check for Copy only, If ApPlicable~ Purcha$lng Mgr.: Other: Eft. 1/97 H. \AGBIIDA \AGBiIÐA-REALLOCATB FOR COUJtTBOtJSB.DOC ~ '-w- ..,¡ DEPARTMENT OF CENTRAL SERVICES MEMORANDUM TO: Mr. Roger A. Shinn, Director FROM: Robert Ettswold, Superintendent AlC Dept. DATE: 1-9-04 SUBJECT: Money left over from capitol project AAAAAAAAAAAAAAAAAAAAAA..AAAAA.AAA.AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA The AlC dept. has competed the capitol improvement at Lakewood park Library ( in-house) at a cost of $2,775.00 there was a budget of $8,000.00 to complete the project. I am requesting to use the leftover money to do two things at the New courthouse that will cost between $5500.00 and $6000.00 1.Replace the pipe on cooling tower #2 2. Purchase a replacement fan blade for cooling tower #1 Robert Ettswold cc: Kimberlee Gagnon ..' ........ "'-;¡.. '. -.,..i ~ AGENDA REQUEST ITEM NO. 6-c DATE: Feb. 3. 2004 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] INVESTMENT FOR THE FUTURE TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: DON MCLAM ASSISTANT DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES SUBJECT: RE-ALLOCATION OF BUDGETED FUNDS. BACKGROUND: At the Lakewood Park Branch Library, staff had budgeted IFF funds for two building maintenance projects: 1) paint interior of library and 2) replace old condensing unit. The condensing unit was replaced in-house and the interior walls cleaned (not painted) which resulted in a savings of $20,225.00. Staff is requesting that $15,000.00 of the $20,225.00 be reallocated to the following: a) Replace pipe and fan blade on cooling tower at Courthouse ($8,000.00). b) Replace radiator, oil sender, seals, etc., for the generator at the Courthouse ($7,000.00). FUNDS AVAIL: From: 316-1931-546200-15017 (Lakewood Park Library Maintenance Projects) To: 316-1931-546200-1531 (Courthouse Annex Maintenance Projects) PREVIOUS ACTION: October 1, 2003 the Board of County Commissioners approved Central Services Budget. RECOMMENDATION: Staff recommends the Board of County Commissioners approve the reallocation of above listed Investment For The Future Funds in the amount of $15,000.00. MISSION ACTION: [ ] APPROVED [] DENIED [ ] OTHER: CONCURRENCE: Co"ty Attomey, ~ Originating Dept::D&.A. M~ Finance: (Check for Copy only, if APPlicablel) D Doug Anderson County Administrator coordination/Si~S ~gt. & Budget: UtJ Purchasing Mgr.: Other: Other: Eft. 1/97 H:\AGENDA\AGENDA-REALLOCATE FOR COURTHOUSE.DOC 'T .....- ... . . 'w' TO: AGENDA REQUEST ~; ITEM NO. C-g DATE: February 3, 2004 REGULAR [ ] PUBLIC HEARING [] CONSENT [X] Board of County Commissioners u SUBMITTED BY CDEPT): Grants Staff recommends authorize the Chair to sign the transmittal letter / title page and staff to submit two grants to the Florida Department of Community Affairs Emergency Management Competitive Grant Program to establish a Citizens Emergency Response Team (CERT) and for a Communications Vehicle. COMMISSION ACTION: ~ONCU CE: ___ I.APPROVED 0 DENIED .~ o OTHER: Approved 5-0 Douglas M. Anderson County Administrator Management & Budget: (~~ Purchasing: _ Other: _ Other: SUBJECT: BACKGROUND: FUNDS AVAilABLE: PREVIOUS ACTION: RECOMMENDATION: Review and App~als County Attorney: ~ Originating Dept: _ Jody nts Writer Request for Board Approval to authorize the Chair to sign the transmittal letter/ title page and staff to submit two grants to the Florida Department of Community Affairs Emergency Management Competitive Grant Program to establish a Citizens Emergency Response Team (CERT) and for a Communications Vehicle. St. Lucie County Public Safety and Grants staff has met with representatives from the Fire and Sheriff's Departments to develop the proposed projects. The Citizens Emergency Response Team will be a coordinated effort of Public Safety, Sheriff's Office and Fire Department to train interested citizens to assist in emergency situations. The CERT proposal includes buying basic equipment, and hiring a part- time person to coordinate the program. Since the Sheriff's Department has similar volunteer programs, they have agreed to have the position in the PSL office. Match for the grant includes the time of the trainers and a long term commitment from all of the agencies to jointly fund the part-time position the following years. The Communications Vehicle will assist Public Safety in getting out important emergency messages to the public before, during and after a hurricane or other emergency event. The County's Technical Operations Manager has determined items that need to be purchased and the County match will be air time on our SLCTV and staff in- kind time. Allowable match for this grant can be in-kind time and air time on SLCTV. In the past three years, the BaCC has approved submitting a grant application to the Department of Community Affairs Emergency Management Program. ... .. .. ~Á ..., ~ ,\¡¡;PI:(d¡GI·~~9. """ COUNTY". F LOR IDA' - COUNTY ADMINISTRATION MEMORANDUM TO: Board of County Commissioners FROM: Jody Bonet, Grants Writer DATE: January 29, 2004 RE: Emergency Management Competitive Grant Program Citizens Emergency Response Team (CERT) The goal of organizing and training a CERT is to have a dedicated source of volunteers to assist if a hurricane or other disaster impacts our region. The State and the Federal governments encourage the formation of community CERT programs. Volusia County's CERT program was funded through this grant program last year. The Fire and Sheriff's Departments and Public Safety will work together training the interested citizens. A part-time volunteer coordinator will be hiredwith grant funds to recruit citizens, schedule the training and meetings. Although a formal letter has not been obtained from each of the departments showing commitment to the program, a verbal agreement has been made between the partners. The match commitment letters will be included in the grant application. Grant funds will assist in the purchase of equipment and training manuals and to hire the part-time coordinator. Match funds will be the in-kind time of the trainers and staff to work on this project. Communications Vehicle The goal of the Communications Vehicle is to have a mobile video unit that can be used at the Public Safety office or another site. In times of a pending hurricane, Public Safety can announce information on the shelters and updates from the National Weather Service. After a hurricane, the Communications Vehicle will allow for additional updates to the community. Attached is a list of items that the Technical Operations Manager of SLCTV recommended for purchase with grant funds. The proposed match for this project is an existing vehicle, staff time and air time on SLCTV. .;. -"0:; \-t '..,J ADMINISTRA TION/ MEDIA RELATIONS To: From: Date: Subject: Bill Hoeffuer, Grants Writer Shane DeWitt, Technical Operations Manager, SLCTV January 23,2004 Equipment needed for Communications Vehicle Quantity Description Price I BMS- Truck Transmit System I Microwave $ 18,000.00 1 Wil-burt 56 ft. Mast wI Pan/tilt Quickset 15,000.00 1 Central Receive Site System-Medium/Long Range 45,000.00 3 Panasonic A W-E800 2/3" 3-CCD Cameras wI Canon 88,000.00 Lenses and Telemetries Pan/Tilt Heads and Telemetries Desktop Controller, Tripods and all necessary parts. 1 Broadcast Pix System-"LNE" Video Switcher and Character 25,000.00 Generator along with MPEG Enocoder 1 Shure UHF Series Wireless Dual Mic Combo System 3,800.00 1 Mackie CFX20 20 Channel Mixer 1,000.00 1 Hafter P7000 Stereo Amplifier 1,200.00 3 Panasonic AG-DV2500 DV Proline VTRs 4,500.00 4 JVC TM-950DU 9" Color Production/Test Monitor 3,600.00 4 JVC TML-450TU 4.5" Production/Test Monitor 3,760.00 .. :--. .... -... ¡.... 2 1 1 1 6 DPS-235D TBC-Dual Channel, Frame Sync, Proc Amp Leader WavefonnNectorscope wi line Select Leader 408 Multifonnat Test Signal Generator Know 16x 16 AN Routing System Rackmount Cases for equipment Rackmount Slides for Equipment Miscellaneous, Cables, Connectors, Furnishings Total: "JtfI 6,300.00 4200.00 4000.00 3500.00 1500.00 1200.00 3000.00 232,560.00