The URL can be used to link to this page

Home My WebLink AboutAgenda Packet 05-24-05 ~ M.· 051U'Jo (1JrrJ~. tn1~ 1) :f fCf«ß(\ «'1 ,D µÓ61lm ( Cø~rù Map 24, 2005 ..00 AM BOARD OF COUNTY COMMISSIONERS 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 enaçted 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 6:00 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 aSRS anyone wishing to speaR to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will aSR for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION - Please state your name and address, speaRing clearly into the microphone. If you have bacRup 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 6:00 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 worRshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these worRshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. '-' BOARD OF COUNTY COMMISSIONERS www.co.st-I..cle.fl...s F.annle Hatchlnson, Chal.man Do..g Cowa.d, Vice Chal.man 'oseph E. Smith Pa..la A. Lewis Ch.1s C.aft Dlst.lct No. . Dlst.lct No.2 Dlst.lct No. I Dlst.lct No. J Dlst.lct NO.5 Map 24, 2005 ..00 A.M. Invocation Pledge of Allegiance I. ,\ MINUTES ~elÆ ~\ ~~ Approve the minutes of the meeting held on May 17, 2005. 2. PROCLAMATIONS/PRESENTATIONS L "ClerR of the Circuit Court technology update" by Edwin Fry, ClerR of the Court B. Reading of the announcements by the County Administrator Ie GENERAL PUBLIC COMMENT .. CONSENT AGENDA A A ~f0rNe~Ò _~~ 31 Cot1bEn.~. .~. a1Ja.)J€!¢ .p. r ') /,. . '''''h'.' ,"',' ,,,.,,,,..,,, ,,,,,,,,,,,,,,,,,,,,,,,""'"'''''''' - ,."",,- '·,·h""""'"",;,,;, PU IC HEARINGS ;,,,,,,,:,,,,,·,.'.·'··.'·,;I.q~,-·(;,,' ''',··_,>,.·,.,';:--.'''''·''p'_c·" 5A. There are no public hearings scheduled for May 24, 2005 6. ~Q~ ~~~ }) 7. ~ ~Q ~\\ ;) END OF PUBLIC HEARINGS ADMINISTRATON Staff requests that the Board consider the request of Port St. Lucie to reallocate $2.1 million, which was to be spent for enhancements to Lennard Road and Walton Road. The City has requested that $2.1 million in advance funding be reallocated to the West Virginia Road Project - Consider staff recommendation to authorize staff to worR with FDOT to allocate $1.9 million in Advance Funds in FY 2010 to Port St. Lucie, to the West Virginia Road Project, and to authorize the Chair to prepare and sign a letter to the City Council members, in response to Mayor MinsRY's May 10, 2005 letter. PUBLIC WORKS Environmental Resources Division - Award of Bid No. 05-045, Indian River Drive Phase II Shoreline Revegetation to Vila & Son Landscaping Corp. in the amount of $5,145,212. - Consider staff recommendation to award Bid No. 05-045, Indian River Drive Phase II Shoreline Revegetation to Vila & Son Landscaping Corp. in the amount of $5,145,212, establish the project budget and authorize the Chair to sign the contract as prepared by the County Attorney. \wi """" REGULAR AGENDA MAY 24, 2005 PAGE TWO a. & MANAGEMENT AND BUDGET ~Q; Auditor Selection Committee - Consider the Auditors Selection Committee recommendation to extend the ~~ / )) contract with the current auditing firm for one year. If it is the pleasure of the Board to extend the contract, í'\ '1) staff recommends that the Board give the County Administrator permission to negotiate price with Berger, . Toombs, Elam, Gaines & FranR. ..~ ~~ N~,Q Y) 10Ò ~V 1\~~~» II. GRO TH MANAGEMENT ~'Ifu.. . _ ' . /Vl ian ù ÐlÁ . ì eíM. OLt\d re-O(J:N"h Oì\ ~l(N.~ I dDOJ~ \,ij\der CØ63ft'~/~Ú~ Request of Arcacl"is for final plat approvdJ'o:the project Rnown (as Third Replat in PGA Commerce Centre at ; the Reserve. The project is located on property on the southeast corner of the intersection of Reserve Boulevard and Champions Way - Consider staff recommendation to approve the Third Replat of the PGA Commerce Centre at the Reserve and authorize staff to complete the final processing of this Plat. GROWTH MANAGEMENT Request of Lennar Homes, Inc. for final plat approval for the project to be Rnown as Bent CreeR. The project is located on property on the west side of Hartman Road, north of White Way Dairy Road, south of Orange Avenue, and east of 5-Mile CreeR. The project consists of 722 residential lots. ADMINISTRATON ~l¡ Monthly Committee Reports - Board to provide updates on the Committees and Advisory Boards on which t;lc. ~ . they serve. ',~\-r o \wi ...", CONSENT AGENDA I. WARRANTS Approve warrant list No. 34 2. COUNTY AnORNEY A. Resolution No. 05-226 Extending the State of Emergency for Hurricane Frances; and, Resolution No. 05-227 Extending the State of Emergency for Hurricane Jeanne - Consider staff recommendation to approve Resolution No. 05-226 and Resolution No. 05-227 and authorize the Chairman to sign the Resolutions. a. Drug Abuse Treatment Association, Inc. ("D.A.T.A") - Tenth Amendment to June 12, 1990 Facilities Use Agreement - Consider staff recommendation to approve the Tenth Amendment to the June 12, 1990 Facilities Use Agreement between the County and D.A.T.A. and authorize the Chairman to sign the Amendment. C. Bent CreeR Master Plat - Subdivision Improvement Agreement - Consider staff recommendation to approve the Subdivision Improvement Agreement and authorize the Chairman to sign the Agreement. D. First Lease Amendment - Fort Pierce Forestry Station - Consider staff recommendation to approve the First Lease Amendment and authorize the Chairman to sign the Amendment. E. Street Re-Naming - Founder's Square to Tradition Square - Resolution No. 05-228 - Consider staff recommendation to approve Resolution No. 05-228 for the proposed street re-naming of Founder's Square to Tradition Square, as shown on the attached map, direct staff to notify the appropriate Utilities, the U. S. Postal Service, the Property Appraiser, the Supervisor of Elections, the City of Port St. Lucie and the St. Lucie County Sheriff and record the Resolution in the Public Records of St. Lucie County. F. Oceanique Development Company, Inc. - Acceptance of Conservation Easement - Consider staff recommendation to accept the conservation easement from Oceanique Development Company, Inc. J. PUBLIC WORKS A. Solid Waste Division - Staff requests Board approval of Non-Exclusive Commercial Solid Waste and Recyclable Material Collection Service Agreement - Consider staff recommendation to approve the Non-Exclusive Commercial Solid Waste and Recyclable Material Collection Service Agreement with Donald Mooney Container Systems, Inc. and authorize the Chairman to execute. B. Solid Waste Division - Consider staff recommendation to approve Equipment Request No. EQ05-325 for the purchase of eight (8) mobile radios ($1,668.55 eo) from Motorola for a total amount of $13,348.40, Equipment Request No. EQ05-326 for two (2) Intec Camera PacRage ($1,246.00 ea) to be installed on the Caterpillar 930 Loaders from Container Systems and Equipment Co., Inc, in the amount of $2,492.00 and Equipment Request No. EQ05-327 for the purchase of two (2) light plants from Kelly Tractor ($7,303.00 low quote) in the amount of $14,606.00. Funds are available in the Machinery and Equipment account due to management decision not to purchase EQOS-243 and EQ05-244 (55' Trailer) in the amount of $24,100 each. \wi """" CONSENT AGENDA MAY 24, 2005 PAGE TWO PUBLIC WORKS CONTINUED C. Engineering Division - Amendment No. 9 - Inwood Consulting Engineers to provide additional right- of-way services and inspections, as needed, through December 31, 2008, for the S. 25th Street Roadway Widening Project (Midway Road to Edwards Road) - Consider staff recommendation to approve Amendment No. 9 to the consulting Engineers to provide additional right-of-way services and inspections, as needed, through December 31, 2008, for the S. 25th Street Roadway Widening Project in the amount of $12,000, and authorize the Chairman to sign. D. Engineering Division - Approve Change Order No.1 in the amount of $70,155.68 for improvements to the Edwards Road at Selvitz Road Intersection Improvements project. Construction of the project is nearly complete. The proposed improvements to the plans are for the paving of the shoulders adjacent to the turning radii and a restricting layer of clayey material will be removed from the pond bottom and replaced with clean free draining sand (see attached memorandum 05-124). Our consultant engineer Kimley-Horn and Associates has agreed to absorb the cost associated with remobilization of men and equipment for the pond worR and for modifications to the striping plan. The costs of these items will be paid directly to the contractor - Consider staff recommendation to approve and authorize the Chair to sign Change Order No.1 in the amount of $70,155.68 for a total contract price of $592,598.88 to Ranger Construction Industries, Inc. for design modifications and improvements of the Edwards Road at Selvitz Road Intersection Improvements project. E. Engineering Division - Green Acres MSBU - (Potable Water - FPUA) - Interlocal Agreements with the Fort Pierce Utilities Authority and the City of Fort Pierce to provide potable water to the Green Acres MSBU and authorize the Chairman to sign the Agreement. .. AIRPORT A. Budget Resolution for the Florida Department of Transportation (FDOT) Pre-Qualified Joint Participation Agreement (JPA) for $1,200,000.00 - Construct Airport Rescue & Fire Fighting (ARFF) Facility - Consider staff recommendation to approve Budget Resolution No. 05-229 for the Florida Department of Transportation (FDOT) Pre-Qualified Joint Participation Agreement (JPA) for the construction of the ARFF Facility. This FDOT grant provides for the $960,000.00 of the $1,200,000.00 project total. B. Budget Resolution for Florida Department of Transportation (FDOT) Pre-Qualified Joint Participation Agreement (JPA) $542,000.00 - Construct Airport Rescue & Fire Fighting (ARFF) Access Roads - Consider staff recommendation to approve Budget Resolution 05-230 for the Florida Department of Transportation (FDOT) Pre-Qualified Joint Participation Agreement (JPA) for the ARFF Facility access roads. This FDOT grant provides for the $433,600.00 of the $542,000.00. C. St. Lucie County Fire District Interlocal Agreement - Airport Rescue Fire Fighting Facility funding - Consider staff recommendation to approve the Interlocal Agreement with the St. Lucie County Fire District to accept the $348,400 as the 20% local match requirement for the pre-qualified Joint Participation Agreements for the Aircraft Rescue and Fire Fighting Facility at St. Lucie County International Airport. D. Airfield Pavement MarRing Rehabilitation Award of Bid - Consider staff recommendation to approve the award of Bid 05-019 for the Rehabilitation of Airfield Pavement MarRings at the St. Lucie County International Airport to Hi-Lite MarRings, Inc $53,707.20. CONSENT AGENDA MAY 24, 2005 PAGE THREE '-' """ 5. COMMUNITY SERVICES Approval of Resolution No. 05-223 and authorization to apply and accept the 2004/05 grant for $1,213,300.00 from the U.S.C. 5307 Federal Transit Administration grant program. In addition, approve the Sub-grant Agreement with Council on Àging for the implementation of the program - Consider staff recommendation to approve grant application and Resolution No. 05-223, acceptance of the FT A grant and authorize the Chairman to sign all documents necessary. In addition, approve the Sub-grant Agreement with Council on Aging for the implementation of the program. 6. HUMAN RESOURCES Prison Health Services Contract Amendment No. 2 - Consider staff recommendation to approve Contract Amendment No.2 with Prison Health Services, Inc. 7. GROWTH MANAGEMENT Contract amendment for QVC - Job Growth Investment Grant (JGIG) - Consider staff recommendation to amend the JGlG contract between the County and QVC and authorize payment. .. PURCHASING A. Approval of Hurricane Related Purchases - Consider staff recommendation to approve the attached list of hurricane related purchases. B. Permission to advertise a Request for Proposals for HorsebacR Riding on the Beach at FredericR Douglass ParR - Consider staff recommendation to approve Permission to Advertise a Request for Proposals for HorsebacR Riding on the Beach at FredericR Douglass ParR. C. Second extension for the suppliers listed on the attached Bid Award Form to Furnish and Install Fencing - Consider staff recommendation to approve the second extension to the contracts with the suppliers listed on the attached Bid Award Form to Furnish and Install Fencing and authorize the Chairman to sign the extensions as prepared by the County Attorney. D. Second Extension with the suppliers listed on the attached Bid Award Form for Rental of Construction and Industrial Equipment - Consider staff recommendation to approve the second extension to the contracts with the suppliers listed on the attached Bid Award Form for Rental of Construction and Industrial Equipment and authorize the Chairman to sign the extensions as prepared by the County Attorney. E. Water Main Extension, State Road 5 (U.s. 1) from Easy Street North to Ulrich Road, bid waiver, award from quotations - Consider staff recommendation to declare this worR an emergency, approve a bid waiver and award to the low quote from Ditchdiggers Inc., in the amount of $301,056.55, and authorize the Chairman to sign the contract as prepared by the County Attorney. F. Invitation to Bid No. 05-018 - ClerR of Courts Office Building - Reject All Bids - Consider staff recommendation to reject all bids and request permission to revise specification, and re-advertise the Invitation for Bid. 9. MANAGEMENT AND BUDGET Adopt Budget Resolution No. 05-224 to establish the budget for HUD Shelter Plus Care Grant for tenant rental assistance - Consider staff recommendation to adopt Budget Resolution No. 05-224 to establish the budget for the HUD Shelter Plus Care Grant. CONSENT AGENDA MAY 24, 2005 PAGE FOUR '-' '-II 10. PARKS AND RECREATION Equipment Requests EQ05-329, EQ05-330 and Budget Amendment BA05-158 - Consider staff recommendation to approve Budget Amendment BA05-158 and Equipment Requests EQ05-329/EQ05-330 in the amount of $7,215.78. II. CENTRAL SERVICES A. Amendment No.4 to Contract No. C04-04-323 - Centex Rooney/SchenRel Shultz Design/Builders, L.C. - Consider staff recommendation to approve Amendment No. 4 to Contract No. C04-04-323/Centex Rooney SchenRel Shultz, to change the plastic laminate counter tops to concrete in the dayroom at the RocR Road Jail, authorizing the Chair to sign the Amendment as prepared by the Attorney. Total cost for this change will be $23,041.00, however, the cost of this change of scope would be absorbed from the Sales Tax Savings Program. B. Lease Extension & Modification at Orange Blossom Business Center C04-09-380 - Consider staff recommendation to approve to extend the Lease Agreement (C04-09-380) between Desantis Commercial, Inc., and St. Lucie County Board' of County Commissioners for an additional two (2) years. And upon Attorney's review and approval of this lease, authorize the Chair to sign. 12. INVESTMENT FOR THE FUTURE Central Services - Approval to use Central Services Capital Project Reserves for in-house renovation & remodeling of Public WorRs office space and the UDT Seal Museum - Consider staff recommendation to approve the use of Central Services Capital Project Reserve funds in the amount of $35,000.00 for the renovation and remodeling worR to be done at the Engineering Division and UDT Seal Museum. II. GRANTS Approve additional requested grant funds and additional match funds for a Hazard Mitigation Grant Program (HMGP) application to construct drainage improvement for the subdivision of LaRewood ParR - Consider staff recommendation to authorize the submittal of the grant application to the HMGP requesting $1,266,000.00 in funding, authorize the required match funds of $422,000.00, and the acceptance of the grant if it is approved for funding. I.. UTILITIES WorR Authorization with LBFH, Inc - North Hutchinson Island Wastewater Treatment Plant - Consider staff recommendation to approve WorR Authorization with LBFH, Inc. for engineering and surveying services related to the North Hutchinson Island Wastewater Treatment Plant expansion alternatives evaluation in the amount of $32,200.00. 15. ADMINISTRATION A. Bicycle/Pedestrian Advisory Committee - Consider staff recommendation to ratify Commissioner Smith's appointment of Ms. Thomas to the Bicycle/Pedestrian Advisory Committee. B. Florida Communities Trust - Paleo HammocR Addition/FCT Project 04-044-FF4 - Consider staff recommendation to authorize the County Administrator to send a letter to Florida Communities Trust authorizing the transfer of $45,867.38 from the Heathcote Botanical ParR project to the Paleo HammocR Addition project and to execute the necessary documentation to and including an Amendment to the Grant Contract. CONSENT AGENDA MAY 24, 2005 PAGE FIVE ~ "'wI I~ PARKS REFERENDUM LaRewood Regional ParR Sports Field Lighting - Consider staff recommendation to approve to piggybacR off of the City of JacRsonville's Bid SC-0549-03, and proceed with the sport fields lighting segment of the LaRewood ParR development project at a cost of $919,800.00. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taben 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 (J72) 462- 1428 at least forty-eight (48) hours prior to the meeting. ~ ...",¡ _.......,',~,-~';;:;:r~:::~~~~'~~;r~~-,:~,'~:,(~-~""...'\.'·,'hr;¡;;r;"}.'-'Õ:·,,::'i ."","~-J", '·;'1"<..¡':!",_"'."~t'm:<.",\..""""!,lt"tÞ~;'_..;,n~,,,(,¡,,,,,~"-i!!èt,,;r,iW1W8.~_.""1~"~'~'>I~·\¿r~",~.,{""":,,.¡'t:\,·,iW"·" ANNOUNCEMENTS Map 24, 2001 _-,.-._.._,..,......'.,_.,.._.._=.......-.,._..._..,....._.__ "-'--"'-',"-~--'---' -~.~~ ._-....__.~_. .-,-"-,~.-.__...,,,.. _·_,..._··_·"""""'.'v._._"..,..,."·,,,,._..,........-~~...-'.~_·,_"'_,.'.~~__...,.~_.' _ ~__·~r",,_,_',._.__,__ _.-:;·:,~,-.W~J!-..;¡,'WA'~~';mi,,;.:¡¡,~"~,~,'j¡.,".'~,-.¡,;¡>c,,,·,,~.,_W,:~-_~·'.'T~O:..,"'·I'.~-·:...~"":,._'7~·.~~_I~.þ;',;'~;'(I"",~>¡,i'I4I!P~'*"_.¡'\'#t~-j;,r,:~~~~:,.~,,~.;.;;'''''_¥n.#,~~'1''.<¢¡¡,:?,..''!:ii~!~é'¡tj(.¡þ.'-'::" I. Meeting Changes: · May 31, 2005 is a 5th Tuesday. There is no Board of County Commissioners meeting scheduled. · The June 21, 2005 Board of County Commissioners meeting is canceled. · The July 5, 2005 Board of County Commissioners meeting is canceled. · The July 12, 2005 Board of County Commissioners meeting will begin at 2:00 p.m. adjourn 4:00 p.m. and reconvene at 6:00 p.m. · The July 19, 2005 Board of County Commissioners meeting is canceled. · November 15, 2005 Board of County Commissioners Reorganization meeting will be at 9:00 a.m. · The December 27, 2005 Board of County Commissioners meeting is canceled. 2. The Board of County Commissioners will hold a WorRshop with Indian River County on Wednesday, May 25, 2005 from 9:00 a.m. to 11:00 a.m. in the St. Lucie County Commission Chambers. J. The Board of County Commissioners will hold a Ribbon Cutting for the Administration Building on Thursday, May 26, 2005 at 10:00 a.m. 4. The St. Lucie MPO and Martin MPO will hold a series of visioning worRshops planned for Destination 2030 on Thursday, May 26, 2005 at the Morningside Library, 2410 Morningside Blvd., Port St. Lucie, FI 32952 from 6:00 p.m. to 8:00 p.m., Wednesday, June 1, 2005 at Old City Hall Conference Room, 315 Avenue A, Fort Pierce, FI 34950 from 6:00 p.m. to 8:00 p.m. and on Thursday, June 2, 2005 at BlaRe Library, 2351 SE Monterey Road, Stuart, FI 34996 from 6:00 p.m. to 8:00 p.m. 5. The Board of County Commissioners will hold a WorRshop on WorRforce Housing on Monday, June 6, 2005 from 9:00 a.m. to 11:00 a.m. in the St. Lucie County Commission Chambers. 6. The Board of County Commissioners, and the City of Port St. Lucie Council will hold a Joint Meeting on Impact Fees on Monday, June 6, 2005 at the City of Port St. Lucie Community Center, 2195 Airoso Boulevard, Port St. Lucie, Florida from 2:00 p.m. to 5:00 p.m. 7. The Board of County Commissioners, the Research and Education ParR Steering Committee, and the City of Fort Pierce will hold a WorRshop on Tuesday, June 7, 2005 at the USDA Horticulture Research Lab, 2001 S. RocR Road, Fort Pierce, Florida from 2:00 p.m. to 4:00 p.m. a. The Special Olympics, St. Lucie County Golf Tournament will be hosted on Saturday, June 11, 2005 at Club Med at 8:00 a.m. (Shot Gun). For more information please contact Diana Mitchell 462-1683. 9. The Board of County Commissioner will hold the Towns, Villages and Country Side Element WorRshop on Monday, June 13, 2005 from 4:00 p.m. to 6:00 p.m. in the St. lucie County Commission Chambers. 10. The Board of County Commissioners will hold a Ground BreaRing Ceremony for S. 25th Street at the intersection of S. 25th Street and Midway Road, on Friday, July 1, 2005 at 10:00 a.m. II. The St. Lucie County Centennial Celebration will be held on July 2, 2005 at the St. Lucie County Fairgrounds from 11:00 a.m. to 9:00 p.m. ....... ..,.J ANNOUNCEMENTS MAY 24, 2005 PAGE TWO 12. The Board of County Commissioners, City of Fort Pierce Commission, and the City of Port St. Lucie Council will hold a Joint Meeting on Monday, August 29, 2005 at the City of Fort Pierce Commission Chambers first floor, 100 N. US Hwy. 1, Fort Pierce, Florida 34950 from 2:00 p.m. to 5:00 p.m. II. The Board of County Commissioners will hold a WorRshop with Martin County on Tuesday, August 30, 2005 from 9:00 a.m. to noon at the Martin County Commission Chambers located at 2401 SE Monterey Road, Stuart. \wi """" Map 24, 2005 9.00 AM BOARD OF COUNTY COMMISSIONERS 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 6:00 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 qddressed prior to the listed time. The Chairman will open each public hearing and aSRs anyone wishing to speaR to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will aSR for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION - Please state your name and address, speaRing clearly into the microphone. If you have bacRup 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 6:00 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 worRshops throughout the year necessary to accomplish their goals and commitments. Notice is provided of these worRshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. BOARD OF COUNTY COMMISSIONERS www.co.st-Iucle.fl.us \wi F.annle Hutchinson, Chal.man Doug Cowa.d, Vice Chal.man 'oseph E. Smith Paula A. Lewis Ch.1s C.aft Dlst.lct NO.4 Dlst.lct NO.2 Dlst.lct No. I Dlst.lct No. J Dlst.lct NO.5 Map 24, 2005 9.00 A.M. Invocation Pledge of Allegiance I. MINUTES Approve the minutes of the meeting held on May 17, 2005. 2. PROCLAMATIONS/PRESENTATIONS A. IIClerR of the Circuit Court technology update" by Edwin Fry, ClerR of the Court B. Reading of the announcements by the County Administrator J. GENERAL PUBLIC COMMENT 4. CONSENT AGENDA PUBLIC HEARINGS 5A. There are no public hearings scheduled for May 24, 2005 END OF PUBLIC HEARINGS .. ADMINISTRATON f1; Staff requests that the Board consider the request of Port St. Lucie to reallocate $2.1 million, which was to be spent for enhancements to Lennard Road and Walton Road. The City has requested that $2.1 million in I'D advance funding be reallocated to the West Virginia Road Project - Consider staff recommendation to r authorize staff to worR with FDOT to allocate $1.9 million in Advance Funds in FY 2010 to Port St. Lucie, to the West Virginia Road Project, and to authorize the Chair to prepare and sign a letter to the City Council members, in response to Mayor MinsRY's May 10, 2005 letter. ~p7/J 0~ PUBLIC WORKS Environmental Resources Division - Award of Bid No. 05-045, Indian River Drive Phase II Shoreline Revegetation to Vila & Son Landscaping Corp. in the amount of $5,145,212. - Consider staff recommendation to award Bid No. 05-045, Indian River Drive Phase II Shoreline Revegetation to Vila & Son Landscaping Corp. in the amount of $5,145,212, establish the project budget and authorize the Chair to sign the contract as prepared by the County Attorney. REGULAR AGENDA MAY 24, 2005 PAGE WO ~ "wi MANAGEMENT AND BUDGET Auditor Selection Committee - Consider the Auditors Selection Committee recommendation to extend the contract with the current auditing firm for one year. If it is the pleasure of the Board to extend the contract, staff recommends that the Board give the cou.. nty Administrator permj5io!'!. ~o 9~tiate price with Berger, Toombs, Elam, Gaines & FranR. /,- ~ß~ç'rI~/1 ~ GROWTH MANAGEMENT ./ P . 'rI - ~ /)/!::!~, Request of Arcadis for final plat approval for the project Rnown as Third Replat in PGA Commerce Centre at ~the Reserve. The project is located on property on the southeast corner of the intersection of Reserve 1 ,Boulevard and Champions Way - Consider staff recommendation to approve the Third Replat of the PGA Commerce Centre at the Reserve and authorize staff to complete the final processing of this Plat. 10. GROWTH MANAGEMENT Request of Lennar Homes, Inc. for final plat approval for the project to be Rnown as Bent CreeR. The project is located on property on the west side of Hartman Road, north of White Way Dairy Road, south of Orange Avenue, and east of 5-Mile CreeR. The project consists of 722 residential lots. II. ADMINISTRATON Monthly Committee Reports - Board to provide updates on the Committees and Advisory Boards on which they serve. '-" "-" CONSENT AGENDA ",~---,-"",,,..---.-...,.~~,-,,,,,.~,,,..-..~-,-,,,--..-~,-....._--..,",'-'+-~-'-"~---',~-'--''''''~'-'-~,,,,,,,,,,,,,_-_,,__,,,_,,,,,..,.........---,-,_._ ''''''~''''-·~'''-.~O·'''''''''''--·''_·"___'__·_·___.·_ ..-, -., "".,,,___ "",_"__..__,,, __ -~_m:."""<"'V't'1\'i-:¡;;~~mo!"'.~;,,w¡>;i'!!!:}<'Ir,-,:.~'Ø;;"f_~"<"J"'I'~~-;'>3"~!I'!':~"Itr;fN..I:1~;;¡;",o;r*\!o"'~~4.'£"ji~':f.....i;>'~',;n;-~~'::!1_~~~"",i~~r~';-..r"'_'~-<1:""7r.""',t'f",·"""""-,,i;::-\;~_-':;~_P!'o.-.J;4~;_-< I. WARRANTS Approve warrant list No. 34 2. COUNTY AnORNEY A. Resolution No. 05-226 Extending the State of Emergency for Hurricane Frances; and, Resolution No. 05-227 Extending the State of Emergency for Hurricane Jeanne - Consider staff recommendation to approve Resolution No. 05-226 and Resolution No. 05-227 and authorize the Chairman to sign the Resolutions. B. Drug Abuse Treatment Association, Inc. ("D.A.T.A") - Tenth Amendment to June 12, 1990 Facilities Use Agreement - Consider staff recommendation to approve the Tenth Amendment to the June 12, 1990 Facilities Use Agreement between the County and D.A. T.A. and authorize the Chairman to sign the Amendment. C. Bent CreeR Master Plat - Subdivision Improvement Agreement - Consider staff recommendation to approve the Subdivision Improvement Agreement and authorize the Chairman to sign the Agreement. D. First Lease Amendment - Fort Pierce Forestry Station - Consider staff recommendation to approve the First Lease Amendment and authorize the Chairman to sign the Amendment. E. Street Re-Naming - Founder's Square to Tradition Square - Resolution No. 05-228 - Consider staff recommendation to approve Resolution No. 05-228 for the proposed street re-naming of Founder's Square to Tradition Square, as shown on the attached map, direct staff to notify the appropriate Utilities, the U. S. Postal Service, the Property Appraiser, the Supervisor of Elections, the City of Port St. Lucie and the St. Lucie County Sheriff and record the Resolution in the Public Records of St. Lucie County. F. Oceanique Development Company, Inc. - Acceptance of Conservation Easement - Consider staff recommendation to accept the conservation easement from Oceanique Development Company, Inc. I. PUBLIC WORKS A. Solid Waste Division - Staff requests Board approval of Non-Exclusive Commercial Solid Waste and Recyclable Material Collection Service Agreement - Consider staff recommendation to approve the Non-Exclusive Commercial Solid Waste and Recyclable Material Collection Service Agreement with Donald Mooney Container Systems, Inc. and authorize the Chairman to execute. B. Solid Waste Division - Consider staff recommendation to approve Equipment Request No. EQ05-325 for the purchase of eight (8) mobile radios ($1,668.55 ea) from Motorola for a total amount of $13,348.40, Equipment Request No. EQ05-326 for two (2) Intec Camera PacRage ($1,246.00 ea) to be installed on the Caterpillar 930 Loaders from Container Systems and Equipment Co., Inc, in the amount of $2,492.00 and Equipment Request No. EQ05-327 for the purchase of two (2) light plants from Kelly Tractor ($7,303.00 low quote) in the amount of $14,606.00. Funds are available in the Machinery and Equipment account due to management decision not to purchase EQ05-243 and EQ05-244 (55' Trailer) in the amount of $24,100 each. CONSENT AGENDA MAY 24, 2005 PAGE TWO \wi ""'" PUBLIC WORKS CONTINUED C. Engineering Division - Amendment No. 9 - Inwood Consulting Engineers to provide additional right- of-way services and inspections, as needed, through December 31,2008, for the S. 25th Street Roadway Widening Project (Midway Road to Edwards Road) - Consider staff recommendation to approve Amendment No. 9 to the consulting Engineers to provide additional right-of-way services and inspections, as needed, through December 31, 2008, for the S. 25th Street Roadway Widening Project in the amount of $12,000, and authorize the Chairman to sign. D. Engineering Division - Approve Change Order No. 1 in the amount of $70,155.68 for improvements to the Edwards Road at Selvitz Road Intersection Improvements project. Construction of the project is nearly complete. The proposed improvements to the plans are for the paving of the shoulders adjacent to the turning radii and a restricting layer of clayey material will be removed from the pond bottom and replaced with clean free draining sand (see attached memorandum 05-124). Our consultant engineer Kimley-Horn and Associates has agreed to absorb the cost associated with remobilization of men and equipment for the pond worR and for modifications to the striping plan. The costs of these items will be paid directly to the contractor - Consider staff recommendation to approve and authorize the Chair to sign Change Order No. 1 in the amount of $70,155.68 for a total contract price of $592,598.88 to Ranger Construction Industries, Inc. for design modifications and improvements of the Edwards Road at Selvitz Road Intersection Improvements project. E. Engineering Division - Green Acres MSBU - (Potable Water - FPUA) - Interlocal Agreements with the Fort Pierce Utilities Authority and the City of Fort Pierce to provide potable water to the Green Acres MSBU and authorize the Chairman to sign the Agreement. 4. AIRPORT A. Budget Resolution for the Florida Department of Transportation (FDOT) Pre-Qualified Joint Participation Agreement (JPA) for $1,200,000.00 - Construct Airport Rescue & Fire Fighting (ARFF) Facility - Consider staff recommendation to approve Budget Resolution No. 05-229 for the Florida Department of Transportation (FDOT) Pre-Qualified Joint Participation Agreement (JPA) for the construction of the ARFF Facility. This FDOT grant provides for the $960,000.00 of the $1,200,000.00 project total. B. Budget Resolution for Florida Department of Transportation (FDOT) Pre-Qualified Joint Participation Agreement (JPA) $542,000.00 - Construct Airport Rescue & Fire Fighting (ARFF) Access Roads - Consider staff recommendation to approve Budget Resolution 05-230 for the Florida Department of Transportation (FDOT) Pre-Qualified Joint Participation Agreement (JPA) for the ARFF Facility access roads. This FDOT grant provides for the $433,600.00 of the $542,000.00. C. St. Lucie County Fire District Interlocal Agreement - Airport Rescue Fire Fighting Facility funding - Consider staff recommendation to approve the Interlocal Agreement with the St. Lucie County Fire District to accept the $348,400 as the 20% local match requirement for the pre-qualified Joint Participation Agreements for the Aircraft Rescue and Fire Fighting Facility at St. Lucie County International Airport. D. Airfield Pavement MarRing Rehabilitation Award of Bid - Consider staff recommendation to approve the award of Bid 05-019 for the Rehabilitation of Airfield Pavement MarRings at the St. Lucie County International Airport to Hi-Lite MarRings, Inc $53,707.20. '-" -....; CONSENT AGENDA MAY 24, 2005 PAGE THREE 5. COMMUNITY SERVICES Approval of Resolution No. 05-223 and authorization to apply and accept the 2004/05 grant for $1,213,300.00 from the U.S.C. 5307 Federal Transit Administration grant program. In addition, approve the Sub-grant Agreement with Council on Aging for the implementation of the program - Consider staff recommendation to approve grant application and Resolution No. 05-223, acceptance of the FT A grant and authorize the Chairman to sign all documents necessary. In addition, approve the Sub-grant Agreement with Council on Aging for the implementation of the program. 6. HUMAN RESOURCES Prison Health Services Contract Amendment No.2 - Consider staff recommendation to approve Contract Amendment No.2 with Prison Health Services, Inc. 7. GROWTH MANAGEMENT Contract amendment for QVC - Job Growth Investment Grant (JGlG) - Consider staff recommendation to amend the JGlG contract between the County and QVC and authorize payment. .. PURCHASING A. Approval of Hurricane Related Purchases - Consider staff recommendation to approve the attached list of hurricane related purchases. B. Permission to advertise a Request for Proposa1s for HorsebacR Riding on the Beach at FredericR Douglass ParR - Consider staff recommendation to approve Permission to Advertise a Request for Proposals for HorsebacR Riding on the Beach at FredericR Douglass ParR. C. Second extension for the suppliers listed on the attached Bid Award Form to Furnish and Install Fencing - Consider staff recommendation to approve the second extension to the contracts with the suppliers listed on the attached Bid Award Form to Furnish and Install Fencing and authorize the Chairman to sign the extensions as prepared by the County Attorney. D. Second Extension with the suppliers listed on the attached Bid Award Form for Rental of Construction and Industrial Equipment - Consider staff recommendation to approve the second extension to the contracts with the suppliers listed on the attached Bid Award Form for Rental of Construction and Industrial Equipment and authorize the Chairman to sign the extensions as prepared by the County Attorney. E. Water Main Extension, State Road 5 (U.s. 1) from Easy Street North to Ulrich Road, bid waiver, award from quotations - Consider staff recommendation to declare this worR an emergency, approve a bid waiver and award to the low quote from Ditchdiggers Inc., in the amount of $301,056.55, and authorize the Chairman to sign the contract as prepared by the County Attorney. F. Invitation to Bid No. 05-018 - ClerR of Courts Office Building - Reject All Bids - Consider staff recommendation to reject all bids and request permission to revise specification, and re-advertise the Invitation for Bid. 9. MANAGEMENT AND BUDGET Adopt Budget Resolution No. 05-224 to establish the budget for HUD Shelter Plus Care Grant for tenant rental assistance - Consider staff recommendation to adopt Budget Resolution No. 05-224 to establish the budget for the HUD Shelter Plus Care Grant. CONSENT AGENDA MAY 24, 2005 PAGE FOUR \wi ,..." 10. PARKS AND RECREATION Equipment Requests EQ05-329, EQ05-330 and Budget Amendment BA05-158 - Consider staff recommendation to approve Budget Amendment BA05-158 and Equipment Requests EQ05-329/EQ05-330 in the amount of $7,215.78. II. CENTRAL SERVICES A. Amendment No.4 to Contract No. C04-04-323 - Centex Rooney/SchenRel Shultz Design/Builders, L.C. - Consider staff recommendation to approve Amendment No. 4 to Contract No. C04-04-323/Centex Rooney SchenRel Shultz, to change the plastic laminate counter tops to concrete in the dayroom at the RocR Road Jail, authorizing the Chair to sign the Amendment as prepared by the Attorney. Total cost for this change will be $23,041.00, however, the cost of this change of scope would be absorbed from the Sales Tax Savings Program. B. Lease Extension & Modification at Orange Blossom Business Center C04-09-380 - Consider staff recommendation to approve to extend the Lease Agreement (C04-09-380) between Desantis Commercial, Inc., and St. Lucie County Board of County Commissioners for an additional two (2) years. And upon Attorney's review and approval of this lease, authorize the Chair to sign. 12. INVESTMENT FOR THE FUTURE Central Services - Approval to use Central Services Capital Project Reserves for in-house renovation & remodeling of Public WorRs office space and the UDT Seal Museum - Consider staff recommendation to approve the use of Central Services Capital Project Reserve funds in the amount of $35,000.00 for the renovation and remodeling worR to be done at the Engineering Division and UDT Seal Museum. II. GRANTS Approve additional requested grant funds and additional match funds for a Hazard Mitigation Grant Program (HMGP) application to construct drainage improvement for the subdivision of LaRewood ParR - Consider staff recommendation to authorize the submittal of the grant application to the HMGP requesting $1,266,000.00 in funding, authorize the required match funds of $422,000.00, and the acceptance of the grant if it is approved for funding. I.. UTILITIES WorR Authorization with LBFH, Inc - North Hutchinson Island Wastewater Treatment Plant - Consider staff recommendation to approve WorR Authorization with LBFH, Inc. for engineering and surveying services related to the North Hutchinson Island Wastewater Treatment Plant expansion alternatives evaluation in the amount of $32,200.00. 15. ADMINISTRATION A. Bicycle/Pedestrian Advisory Committee - Consider staff recommendation to ratify Commissioner Smith's appointment of Ms. Thomas to the Bicycle/Pedestrian Advisory Committee. B. Florida Communities Trust - Paleo HammocR Addition/FCT Project 04-044-FF4 - Consider staff recommendation to authorize the County Administrator to send a letter to Florida Communities Trust authorizing the transfer of $45,867.38 from the Heathcote Botanical ParR project to the Paleo HammocR Addition project and to execute the necessary documentation to and including an Amendment to the Grant Contract. CONSENT AGENDA MAY 24, 2005 PAGE FIVE 'w """" 16. PARKS REFERENDUM LaRewood Regional ParR Sports Field Lighting - Consider staff recommendation to approve to piggybacR off of the City of JacRsonville's Bid SC-0549-03, and proceed with the sport fields lighting segment of the LaRewood ParR development project at a cost of $919,800.00. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen 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) 462-1m or TDD (772) 462- 1428 at least forty-eight (48) hours prior to the meeting. '-' ""'" - ........", '":>'N'_1"''' ::¡'<t'~\"~.. 'F""X~.~'C w',,,,,*...;¥7_';_ ""~'; ...."'1;,"'0 ;~ ".". ;"";."','+~"'¡l" ~""".<:-".'''.~l_1''.1¡t;""",,;tc,;,¡oo?j'!Ul.1;(~'-~.1"'''V'''',,",.'\,"'.''J;,t,~",·.<"!"":."'_ji.O'·;';>\<.""·-''''''''''''~''·"<';''''';''''''_~'''''.''_''';'",,,~,,,,V',,,>,,,.,j-.,;.., ANNOUNCEMENTS Map 24, 2005 ...~_.___=_.__,.,_ "_~,_~_. .",__.,_.~, ~"," ·_.,...··_"c.-"~,.. ~·,..__·_."~..··_~_o,"....,. _.."'~. _'_'_~_"''-' _<..,.....,.._.."..,..,""~".,..,.,....,·~..,..,...,..,...~.~._._...,._.,~,_.,._'~_,,'~n_.__'~ -"'"~,·"-·,.'_~;;<'''':-'fI';,¡;,;i;.'','·~,~."','''*''im1l;<\'i".,;¡:'¢'':.~.~T''''',~',;,'¡,.¡:I':~·~;.;,o;,"",,,,:,.:,,,ii:,¡.e.wr·i-,,,,",··;,;":'t'~l'I"J'"'P/.'*''¡:''¡':i"':~"."",B"!"~~~"\".,;&,;;i:~,,,-~...~~I"t~,,,.w~'!'1'".,¡p,""''''''''1''"\'''''',,q'~M~·<'.N-~"',,·ïi"....;;"~'ß~,··"'· I. Meeting Changes: · May 31, 2005 is a 5th Tuesday. There is no Board of County Commissioners meeting scheduled. · The June 21, 2005 Board of County Commissioners meeting is canceled. · The July 5, 2005 Board of County Commissioners meeting is canceled. · The July 12, 2005 Board of County Commissioners meeting will begin at 2:00 p.m. adjourn 4:00 p.m. and reconvene at 6:00 p.m. · The July 19, 2005 Board of County Commissioners meeting is canceled. · November 15, 2005 Board of County Commissioners Reorganization meeting will be at 9:00 a.m. · The December 27, 2005 Board of County Commissioners meeting is canceled. 2. The Board of County Commissioners will hold a WorRshop with Indian River County on Wednesday, May 25, 2005 from 9:00 a.m. to 11:00 a.m. in the St. Lucie County Commission Chambers. I. The Board of County Commissioners will hold a Ribbon Cutting for the Administration Building on Thursday, May 26, 2005 at 10:00 a.m. 4. The St. Lucie MPO and Martin MPO will hold a series of visioning worRshops planned for Destination 2030 on Thursday, May 26, 2005 at the Morningside Library, 2410 Morningside Blvd., Port St. Lucie, FI 32952 from 6:00 p.m. to 8:00 p.m., Wednesday, June 1, 2005 at Old City Hall Conference Room, 315 Avenue A, Fort Pierce, FI 34950 from 6:00 p.m. to 8:00 p.m. and on Thursday, June 2, 2005 at BlaRe Library, 2351 SE Monterey Road, Stuart, FI 34996 from 6:00 p.m. to 8:00 p.m. 5. The Board of County Commissioners will hold a WorRshop on WorRforce Housing on Monday, June 6, 2005 from 9:00 a.m. to 11:00 a.m. in the St. Lucie County Commission Chambers. 6. The Board of County Commissioners, and the City of Port St. Lucie Council will hold a Joint Meeting on Impact Fees on Monday, June 6, 2005 at the City of Port St. Lucie Community Center, 2195 Airoso Boulevard, Port St. Lucie, Florida from 2:00 p.m. to 5:00 p.m. 7. The Board of County Commissioners, the Research and Education ParR Steering Committee, and the City of Fort Pierce will hold a WorRshop on Tuesday, June 7, 2005 at the USDA Horticulture Research Lab, 2001 S. RocR Road, Fort Pierce, Florida from 2:00 p.m. to 4:00 p.m. B. The Special Olympics, St. Lucie County Golf Tournament will be hosted on Saturday, June 11, 2005 at Club Med at 8:00 a.m. (Shot Gun). For more information please contact Diana Mitchell 462-1683. 9. The Board of County Commissioner will hold the Towns, Villages and Country Side Element WorRshop on Monday, June 13, 2005 from 4:00 p.m. to 6:00 p.m. in the St. lucie County Commission Chambers. 10. The Board of County Commissioners will hold a Ground BreaRing Ceremony for S. 25th Street at the intersection of S. 25th Street and Midway Road, on Friday, July 1, 2005 at 10:00 a.m. II. The St. Lucie County Centennial Celebration will be held on July 2, 2005 at the St. Lucie County Fairgrounds from 11:00 a.m. to 9:00 p.m. ~ '-" ANNOUNCEMENTS MAY 24, 2005 PAGE TWO 12. The Board of County Commissioners, City of Fort Pierce Commission, and the City of Port St. Lucie Council will hold a Joint Meeting on Monday, August 29, 2005 at the City of Fort Pierce Commission Chambers first floor, 100 N. US Hwy. 1, Fort Pierce, Florida 34950 from 2:00 p.m. to 5:00 p.m. II. The Board of County Commissioners will hold a WorRshop with Martin County on Tuesday, August 30, 2005 from 9:00 a.m. to noon at the Martin County Commission Chambers located at 2401 SE Monterey Road, Stuart. '-' '...I BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: May 17, 2005 Tape: 1-2 Convened: 6:00 p.m. Adjourned: 9:15 p.m. Commissioners Present: Chairperson, Frannie Hutchinson, Doug Coward, Paula A. Lewis, Joseph Smith, Chris Craft Others Present: Doug Anderson, County AcL'11inistrator, Ray Wazny, Ass1. County Administrator, Faye Outlaw, Ass1. County Administrator, Dan McIntyre, County Attorney, Mike Brillhart, Special Projects Director, Don West, Public Works Director, Ed Parker, Purchasing Director, Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES (1-024) It was moved by Com. Smith, seconded by Com. Craft, to approve the minutes of the meeting held May 10, 2005, and; upon roll call, motion carried unanimously. 2. PROCLAMA TIONS/PRESENT A nONS A. Resolution No. 05-201 Proclaiming the week of May 29,2005 through June 4,2005 as "Hurricane Awareness Week" in S1. Lucie County, Florida. It was moved by Com. Craft, seconded by Com. Lewis, to approve Resolution No. 05- 201, and; upon roll call, motion carried unanimously. B. An update on the Land Use Amendment Schedule was given by Michael Brillhart, Strategic and Special Projects Director. Com. Hutchinson suggested holding a workshop on the TVC to address the concerns of the public before the Public Hearing. It was the consensus of the Board to schedule a workshop on the TVC the date to be decided at the end of this meeting. C. The County Administrator read upcoming events. 3. GENERAL PUBLIC COMMENTS (1-1761) Ms. Jean Hearn, lndrio resident, addressed her concerns with density increases. She is not asking for a moratorium, but is requesting the Board consider no increase in densities. Mr. Philip Stickles, :lrea resident addressed the Board regarding the Carlton Road rock mine. Dickerson had applied for the permit and it was denied by the Board. The company is presently holding meetings and he is aware of their intention that they will be coming back to the Board. The County Attorney stated if they request a conditional use, the 2 year waiting period of a denial does not apply. Mr. Richard Shelner, area resident, addressed the Board regarding the dust that is lifted on Carlton Road by many tmcks and vehicles. The dust makes visibility impossible and hazardous. '-" ....,., Mr. John Arena, Ft. Pierce resident, addressed the Board regarding the noise made by motorcycles and how it's affects on residents and small children. Ms. Arlene Goodman, White City resident, thanked the Board for their consideration in having dual meetings on the Comp Plan amendments. Com. Coward addressed the sand mine concerns and stated he would not approve the request for a sand mine on Carlton Road. It is his opinion this is an inappropriate location for the sand mine. Com. Craft stated he does not agree with the location of the sand mine request and stands firm in his opposition. The planning staff advised the Board the applicant has not brought forward a second request for submission. 4. CONSENT AGENDA II was movcd by Com. Crart, sccondcd by Com. Smith, to approve the Conscnt Agenda, as amended, to include CA-I , and; upon roll call, motion carricd unanimously. 1. WARRANT LIST The Board approved Warrant List No. 33. 2. COUNTY ATTORNEY A. Resolution No. 05-205 Extending the State of Emergency for Hurricane Frances and Resolution No. 05-206 Extending the State of Emergency for Hurricane Jeanne- The Board approved Resolution No. 05-205 and Resolution No. 05-206. B. Revocable License Agreement- Southern Eagle Distributing Inc.,- The Board approved the Revocable License Agreement, authorized the Chairman to sign the Revocable License Agreement and directed Southern Eagle Distributing Inc., to record the document in the Public Records of S1. Lucie County, Florida. 3. ADMINISTRATION A. Board ol'County Commissioners Meeting schedule changcs- The Board approved the changes to the BCC meeting schedule for 2005. B. The Board ratified Com. Smith's appointment of Todd Bevans to serve on the Investment Committee. C. The Board ratified Com. Lewis' appointment of Mr. McBee to the Citizens Budget Development Committee. D. The Board ratified Com. Hutchinson's appointment of Ms. BoItersdorf to the Bicycle/Pedestrian Advisory Committee. 4. CENTRAL SERVICES Establishment of River Park Marina Grant Fund from Florida Boating Improvemcnt Program- Resolution No. 05-189- The Board approved Resolution No. 05-189 to establish a grant fund in the amount of $150,000 to assist with the development of the River Park Marina project. 2 '-" ....., 5. GROWTH MANAGEMENT A. Consider Draft Resolution No. 05-138 granting Major Site Plan approval for the project to be known as Sunrise Lake Estates Subdivision for property located on the west side of Sunrise Blvd., approximately ~ mile north of West Midway Road and ~ mile south of Weatherbee Road- The Board approved Resolution No. 05-138, B. The Board approved Draft Resolution No. 05-142 amending the legal description contained within Resolution No. 05-008 which granted Preliminary and Final Planned Development Site Plan Approval for the Project to be known as Celebration Pointe. C. The Board approved adding two new position titles, Mapping Technicians to the Growth Management Department in the FY05 Budget effective May 10, 2005. 6. PARKS AND RECREATION Purchase of a Pump for the Paradise Park Pool- The Board approved Budget Amendment No. BA05-134 and Equipment Request No. EQ05-328 to purchase the aquatic pump for the Paradise Park Pool at a cost of $4,200.00. 7. PUBLIC WORKS Change Order No.2 in the amount of$8,045.91- The Board approved and authorized the Chairman to sign Change Order No.2 in the amount of$8,045.91 for the Selvitz Road and NSLRWCD Canal100 Emergency Culvert Replacement project. 8. GRANTS A. Submittal of Transportation Enhancement Grant Application- The 00:11"(1 authorized the submittal of the Transportation Enhancemcnt Grant application to the Florida Department of Transportation tor FY 2008/000 funds to assist in the design and construction of landscape, irrigation and lighting enhancements to the proposed WaIton Road improvement project. B. Accept grant in the amount of$5,000- The Board approved accepting the grant from the Caribbean Conservation Corporation Sea Turtle Grant program to be utilized to assist the development of an educational exhibit at the St. Lucie County Marine Center and authorized the Chairman to sign the grant contract. 9. PURCHASING A. Fixed Asset Inventory- Property Record Removal - The Board approved the removal of the records from the fixed asset inventory and approved advertising for bids for the sale of two case 721 C loaders. B. Permission to adveliise a request for proposals from Facilities Space Needs- The Board approved advertising for an RFP for Facilities Space Needs. ,; C. Bid No. 05-049- River Park marina Rcstrooms- Bid Withdrawl- The Board approved accepting the withdrawl request, and authorized the return of 5% bid security and approved permission to re-advertise. 3 ~ """" . D. Fixed Asset Inventory- Property Record Removal- The Board authorized staff to remove the records from the fixed asset inventory of the Board of County Commissioners and authorized they be sold at the County auction. E. Fixed Asset Inventory- The Board approved the transfer of trucks to the St. Lucie County Health Department. 10. COMMUNITY SERVICES Permission to advertise a RFP for the administration of the Florida Community Development Block Grant program Disaster Recovery Initiative Application- The Board granted permission to advertise for a RFP for the administration of the Florida Community Development Block Grant Program Disaster Recovery Initiative application. CA-1 ADMINISTRATION The Board approved the BCC meeting schedule change for July 12, 2005 to convene at 2pm-4pm, recess and reconvene at 6pm. REGULAR AGENDA PUBLIC HEARINGS 5.A GROWTH MANAGEMENT (1-1928) First Public Hearing on Draft Ordinance No. 05-113 Research and Education Park Overlay Zone- No action nccessary at this time. A second and final public hearing will takc place on .July 12,2005 . Com. Coward questioned when the Master Plan would be completed. Mr. Brillhart stated it would be completed sometime in July, 2005. Com. Coward requested the Master Plan be completed before the overlay comes forward for action. He would like land use planning first and asked the Master Plan as well as the overlay issue be brought to the Board together on July 12, 2005 ifin fact the Master Plan can be completed by that date. Mr. Brillhart stated he thought the Master Plan could be completed by July 12, 2005. Com. Hutchinson stated she did not see a problem with what was being done at this point and felt the overlay zone is going to be crucial and could provide some guidance. Com. Coward stated he concurred but it was the sequence and it was only his preference to scqucncc this hcttcr so that thcy could have the Master Plan completed. He felt they should havc somc discussions on the land use and have some planning. No action necessary- The second public hearing will be heard on July 12, 2005 at 6:00p.m. or as soon thereafter as the item may be heard. 5B. GROWTH MANAGEMENT (1-2456) Application of Kenneth Palestrant, for a Change in Zoning from the AR-1 to the CO zoning district- Consider staff recommendation to adopt Draft Resolution No. 05-141 granting approval of Kenneth Palestrant's request for a change in zoning from the AR-l Zoning District to the CO. Mr. Richard Snead, attorney ror thc petitioner, addressed the Board on this issuc. Ms. Arlene Goodman, Whitc City resident, questioned 4 buildings being placed on 2 acres. She felt it may look like a "mish mash" and would like some definition as to what 4 '-" ....." it would look like. She is not in opposition but would like to know what the Board would permit on the property. There does not seem to be much objection from those in the area. Mr. Patrick Angle, 4120 Christianson Road, addressed the Board and stated his opposition to the project and 4 buildings being placed on 2 acres. He also addressed the road and the traffic in the area. Com. Coward stated he had mixed feelings about this and believes this is a single family ncighborhood and four buildings on the site is quite intense. The fact that they are rcqucsting a straight zoning rather than a PNRD does not give him a comfort level. He belicvcs it would takc a PNRD for him to approve this proposal. Mr. Snead addressed Com. Coward's comments and stated they could not do a PNRD under the time constraints of their contract to purchase the property. He has plead his clients case in good faith and they are willing to go into an agreement with the County even though they are not going with a PNRD they would in affect stipulate the site plan must be approved by the County and whatever requirements the County would have they would agree to. He felt they have gone the extra mile in good faith. Mr. Snead stated, " in the real world a person cannot purchase property without having the approval of what they are attempting to place on the property". Without the approval, they cannot consummate the transaction. Com. Craft stated he does not believe this is a residential area, but it is a transitional area. Mr. Snead advised Com. Craft they would agree to amend the petition and convert the petition to a PNRD, however, they do not wish to start over. Com. Coward stated the issue is how do we accommodate a proposal that negatively affect the area neighbors. He believes the PNRD allows them to address the intensity of the development on the site. The County Attorney stated the PNRD and PUD have certain requirements and require separate public hearings. There has to be a detailed site plan submitted at the same time you are approving the site plan. This would need to be advertised. Com. Lewis stated she was looking for some way to make this work. She cannot see residential development on this comer. Dr. Palestrant addressed the Board on his request and the need for the facility. He stated his intention was to place a 5,000 sq. ft. building on the southwest comer for Urgent Medical Care. He is willing to accommodate with what needs to be done with certain constraints due to the contract. The other remaining square footage will be open for professional office space. Unidentified resident, asked the Board to hold the petitioner the site plan. She believes it may be a good project, however, the rules apply to everyone. Com. Lewis stated she still held the position where she could not see residential on this comer and is aware the Land Development Code has provisions for separation between residential and non- residential uses. The petitioner has given reassurances and the fact they are going through review with staff and the fact are willing to protect some trees makes her inclined to be in support of the rezoning. It was moved by Com. Lewis, to approve the project for the reasons as so stated above, motion,died for lack of second. Mr. Snead advised the Chairman he was ready to make a motion when she gets to a point. Com. Hutchinson stated she concurred with Com. Lewis due to the fact it is corridor going through a transition and it will be four laned. She also agrees that residential does not belong in this area and the Land Development Code helps alleviate the separation 5 "'-' .",., between business and residential. She has faith in that and that staff is well aware of the Board's concerns. Com. Craft stated, it is a transitional area and the Board needs more control over what happens. Com. Coward stated, " anytime you have a residential use near a commercial area you need to look at it." He agrees that this is not going to be single family homes, but he does not want to open the door for maximum commercial development on that site as per the zoning. He believes the PNRD gives them the opportunity to have limited commercial there and to look closely at the buffering. He would be in support of a PNRD but would not support a straight zoning. Mr. Snead asked if he could get a consolidation of the petitions so that they would not have to re-file and it could be republished as a PNRD at the county's earliest opportunity. They would follow the requirements he believes are being followed with the site plan application. He would be able to go back to the seller and advise him as to what they are doing. This would bring certainty to the seller. Com. Craft stated he would support this but was not sure how they could do this. Com. Hutchinson asked for everyone to look at what would be pennitted with the re- zoning, commercial office is basically what is there right now. Com. Smith questioned that if in fact the situation was, when the applicant signed on the dotted line and made the contingency thàt within sixty days the Board would be able to give them a zoning and if they received that zoning then they could purchase the property or was it the seller saying they would only sell it to them if they had the zoning? Mr. Snead stated the seller does not care, it is a combination of results in a contractual relationship. They want to buy the property and place a medical practice and other professional offices on the property and in order to do this they need a zoning change. He stated this was their motivation and the seller motivation was they only had a window to do it in, the window being x number of days. Com. Smith stated it amazed him in seeing the name o1'tl1c seller, its representative should have known better. Mr. Snead stated he knew who he was and they worked well together. He understands the constraints they put them under and this is why he tried to achieve the goals of satisfying Com. Craft and Com. Coward due to the political boundaries. Com. Smith stated to Mr. Snead that he is not trying to satisfy two Commissioners but in fact the entire Board. Mr. Snead stated he was sorry if he felt slighted. Com. Smith stated he was not being slighted, the fact was he needed three Commissioners votes to win. Mr. Snead remarked, "no kidding". Com. Smith stated his point was that he was not willing to support it. It was movcd by Com. Smith dcny this projcct, ,I Mr. Snead stated they wished to withdraw the petition if he was going to have this type of hostility. He stated he is trying to achieve a goal and asked the County Attorney to advise him how to go about the re-publication. The Chairperson requested Mr. Snead not comment at this point since there was a vote on the table. 6 ~ ..." Com. Coward advised Mr. Snead that he had lost his support to try and work with the applicant because of his attitude toward the Board. Mr. Snead stated he has requested to withdraw the petition and not have it heard at this time, Com. Coward seconded the motion to deny made by Com. Smith, Com. Coward stated his reason being, "the intensity of commercial activity in a residential area is his primary concern and if they were to do a PNRD it would give them some comfort to look at those issues and since he was having difficulty in trying to have a meaningful conversation with Mr. Snead, he would not be supporting the application. Com. Smith concurred with Com. Coward's comments. Com. Lewis stated that if this had been straight general commercial, she would not have supported it, however, she felt commercial office was appropriate. Mr. Snead advised the Chairperson that he had requested the petition be withdrawn before they made the vote. The County Attorney stated it is required that they have Board concurrence on the request to withdraw since it has been advertised. Com. Smith stated his motion stands, as did Com. Cowards second, upon roll call, the vote was as follows: Nay's: Hutchinson, Lewis, Aye's: Coward, Smith, Craft; motion to deny carried by a vote of 3 to 2. 5.C GROWTH MANAGEMENT (2-1169) Draft Resolution No. 05-139 conditional use pennit to allow the operation of a Family Residential Home within a 1,000 foot radius of another such Family Residential Home in the RS-4 zoning district for property located on Anderson Avenue. It was moved by Com. Coward, seconded by Com. Craft, to approve Draft Resolution No. 05-139 subject to one limiting condition, and; upon roll call, motion carried unanimously. S.D GROWTH MANAGEMENT Board consideration of options regarding the implementation of neighborhood planning efforts through the Growth Management Department. These options were prepared as a means to assist in managing future development in high growth areas. Staff requested direction. Corn. Coward stated he did not know what type of direction to give staff except flexibility. The Asst. County Administrator stated she concurred with the flexibility remaining in place and asked the Board's concurrence to move forward with Jenkins Road planning effort but asked the Board's concurrency in not kicking off this effort until some time towards the end of June. They need to look at other developments in the pipeline and also look at the staffing issue. Com. Q'oward addressed this issue and stated they should take the lead get an outside consultant to assist and then invite Ft. Pierce to participate with the County. Com. Coward concurred with options two and three, with three taking the lead. Com. Hutchinson stated she concurred and did not want to wait for Ft. Pierce since they have their own charrette to deal with. 7 '-' ......, Com. Hutchinson stated she concurred and did not want to wait for Ft. Pierce since they have their own charrette to deal with. Waive two year period- Public hearing on applicant's fonnal request to waive the two year waiting period requirements for the resubmitted of their denied PUD regarding the proposed Jenkins Road South PUD. Staff requesting direction from the Board. Mr. Albert Moore, attorney for the applicant addressed the Board on this issue. Mr. Jay Maycumber, addressed the Board and asked they keep the 2 year waiting period in effect for this petitioner. Mr. Craig Mundt, North Hutchinson Island, addressed the Board and questioned the fairness to the other future applicants. He stated this may set a bad precedent. Mr. Bill Hammer, Reserve resident, addressed the Board in opposition to waiving the two year waiting period and felt it would set a precedent. It was moved by Com. Lewis, seconded by Com. Smith, to approve waiving the two year waiting requirement and to return with the PUD application, after the neighborhood plan is complete, and; upon roll call, motion carried unanimously. END OF PUBLIC HEARINGS 6. COUNTY ATTORNEY Resolution No. 05-210- Extend Maturity Date for Improvement Revenue Note, Series 2004 (Land Acquisition) to July 1,2005- Consider staff recommendation to approve Resolution No. 05-210 as drafted. It was moved by Com. Lewis, seconded by Com. Craft, to approve Resolution No. 05- 210, and; upon roll call, motion carried unanimously. 7. COUNTY ATTORNEY Resolution No. 05-222- Delegating Award of County's State Revenue Sharing Improvement Revenue Bonds, Series 2005- Consider staff recommendation to approve Resolution No. 05-222. It was moved by Com. Smith, seconded by Com. Craft, to approve Resolution No. 05- 222, and; upon roll call, Illotion carried unanimously. 8. COUNTY ATTORNEY Resolution No. 05-221- Delegating Award of County's Ales Tax Refunding and Improvement Revenue Bonds, Series 2005- Consider staff recommendation to approve Resolution No. 05-221 as drafted. It was moved by Com. Craft, seconded by Com. Coward, to approve Resolution No. 05- 221, and; upon roll call, motion carried unanimously. BOARD DISCUSSION The Cotinty Administrator addressed legislative requests i.e. a new EOC Center and other items. The County Administrator has drafted a letter to the Governor from the Board discussing each project and their funding and asking the Governor not to veto the projects. It was the conscnslls of thc Board to move forward. 8 ~ ...., Com. Smith commented on a meeting he attended with the County Administrator in the City of Port St. Lucie regarding impact fees. They are looking to speak with the rest of the Board before June 20, 2005 to discuss impact fees and other topics. It was the consensus of the Board to schedule a workshop for June 6, 2005 in the afternoon with the City of Port St. Lucie regarding impact fees. Times to be advised. It was the consensus of the Board to schedule a workshop for June 13,2005 for the Towns, Villages and Countryside discussion from 4pm-6pm. There being no further business to be brought before the Board, the meeting was adjourned. Chainnan Clerk of Circuit Court ,; 9 " l ~ '-' ....,; ITEM NO. R6 DATE: 5/24/05 AGENDA REQUEST REGULAR: ( X ) PUBLIC HEARING: ( ) CONSENT: ( ) TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): ADMINISTRATION SUBJECT: Staff requests that the Board consider the request of Port St. L ie to re lIocate $2.1 million, which was to be spent for enhancements to Lennard Road and alton Road. The City has requested that $2.1 million in advance funding be reallocated to the West Virginia Road Project. BACKGROUND: County staff previously reported to the Board on the Lennard Road funding issues on April 12, 2005. FUNDS AVAILABLE: Any additional funding needed for the construction of Lennard Road will be made available in the Public Works Capital Budget in 2008, 2009, and 2010. RECOMMENDATION: Staff recommends that the Board authorize staff to work with FDOT to allocate $1.9 million in Advance Funds in FY 2010 to Port St. Lucie, to the West Virginia Road Project, and to authorize the Chair to prepare and sign a letter to the City Council members, in response to Mayor Minsky's May 10, 2005 letter. CE: COMMISSION ACTION: o APPROVED 0 DENIED o OTHER: Approved 5-0 X County Attorney: ~ /4 Review and Approvals ~ Management and Budget: ~ þQ Other: MVP o Purchasing: o Originating Dept: 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 TTD 772-462-1428, at least 48 hours (48) prior to the meeting. S:\RAY\2005\AGENDA\5.24..05 WVIRGINIA FUNDING. DOC \ i' ~ ....,,¡ COUNTY ADMINISTRATION MEMORANDUM TO: Board of County Commissioners FROM: Ray Wazny, Assistant County Administrator DATE: May 17, 2005 RE: City Request to Reallocate Lennard Road Advance Funding On May 10,2005 Mayor Minsky requested that $4.2 million offunding the County is planning to be spent on Lennard and Walton Roads be reallocated. County staff had previously agreed to recommend spending $4.0 million on the enhancements. Staff recommends that the Board agree to allocate funding up to $4.0 million. The City has determined that they would like $2.1 million to be used on Walton Road enhancements and $2.1 million to their West Virginia project. County staff recommends that only $1.9 million in advance funding scheduled to be received from FOOT in 2010 be committed to the West Virginia Road project. RLW/jc S:\RAY\2005\AGENDA\5.24.05 WVIRGINIA FUNDING.DOC --. --. ---- : A' ...; -. , ..... -.... .--... t..... ~""'~W._ _. I -- "" ~ ~ ~>-Aft'~ ~~~J- ~d~ CITY OF PORT ST. LUCIE .- . . . . . . . . . . . . . . . . . . . . A CITY FOR ALL AGES ROBERT e. MINSKY. MAYOFl ~~~ cc. '. -:Be c...c. Q~~'. ~. ~ . rr...t>o '. Fœmie Hutchinson, Chair St. Luc:i= Count}' Boct1 ofCouat)' Commisåontm 2:\00 Virginia Awnue Fort Pia'ce. FL 34982 !)øiJr CommissioDet Hutchiaaon: As stated It tht JaIl MPO meerin¡, 1. am sendína you thiJ letter co~ . action taba bytbe City Coœdl re1ative to the LemIard Road funding disl:ussioD. TM Comcll \ItJIt'IimOusty a¡reed 10 accept t:M oornpl'OlDÎJe as P~g by Assistant City Maøa&er BoDDie Dyp. The Couocüøa:reed to acoept the ~n of 52.1 million from the oti¡iøaJ $4.2 dcðiœe4 "r the Lenœ:d Raed project, tDward the Tbh'd Corridor in Port St Luciø, The Council expressed ODe coÞdition; tbø County would construCt 'their Ie¡mcnt ofWa.l1on RðAd with the wœ enhancement¡ the City is building onto Lennard Road, specifically I· dò.-1ks,·JU'IIIIt H¡btiq m:I closed drama¡e aDd retemon. I ThÏI ~.::tiou wu affirmed by. fbnuù voteoftl= Council. We sincc:rcly appreciate the c:oopc:nüon a1Iå wi.U1npess oithe CoUDt}r Commission to accept the compromiJe of&: and to bUy put this entire Jn81ter to rest. Please do IIOt bnit&te to coDtact me if you have fin)' que:lticms or conccms. ~1AY ~¡ 2 2DOS ø-I_ ~ LØ~œo~r:w.1.\ " 'Û; .~ MA Y 1 2 2005 'J .~.:.=~v..... '21 S.W. Þert St. Lucie 80uleViird · Port S1.luCle, FL 34984.509& · 7721B71·S'SSI · 1121811·1382 " ., . ~ 'wi BOARD OF COUNTY COMMISSIONERS June 25, 2002 COUNTY ADMINISTRATOR DOUGLAS M. ANDERSON Mr. Don Cooper City Manager City of Port St. Lucie 121 SW Port St. Lucie Blvd. Port S1. Lucie, FL. 34984 Dear Mr. Cooper: I am responding to your request regarding the transfer of Walton Road, Jennings Road, and Lennard Road, between Mariposa Avenue and Walton Road, hereaft~r referred to as South Lennard, to the City of Port St. Lucie. After reviewing your proposal, County staff is prepared to recommend to the Board of County Commissioners that ownership and maintenance responsibility for Jennings Road be transferred from the County to the City of Port St. Lucie and, as you have suggested, ownership and maintenance responsibility for Walton Road remain with the County. However, we have' some concerns about the transfer of South Lennard that we need to discuss before we can consider any assignments of ownership. As you know, the County is in the process of completing a State required PD&E (Project Development and Environment Study) for all of Lennard Road from north of Mariposa Avenue to just east of Prima Vista Boulevard and US #1. We are required to go through this process as a condition of receipt of the State and Federal funds that will be used to finance the construction ofthis roadway. We have preliminarily estimated the construction costs of the South Lennard portion of this project to be approximately $4,000,000 (approximately 1.9 miles, at $1 million per/ane mile). Early construction of South Lennard by any other entity, public or private, in order to accommodate area development will eliminate the possibility of reimbursement from State and Federal sources for this project. Therefore, County staff will be recommending to FOOT any remaining funds up to cost of construction be transferred to another city project, federally or state funded. Early construction of this segment of roadway will place the full financial responsibility of approximately $4 million on local taxpayers or property developers. Prior to any staff recommendation to the Board of County Commissioners, we need the City to identify the funding sources. If the Board agrees to transfer ownership and maintenance responsibility for South Lennard to the City of Port St. Lucie, and should Port St. Lucie not reach an agreement with the developer(s) of land adjacent to South Lennard, and with the result being that South Lennard is not constructed in the time periods contemplated, the failure to do so will have a significant adverse impact on the community's transportation system. If the Board agrees to transfer South Lennard to the JOHN D. DRUHN, Disrricr No.1' DOUG COWARD, Disrricr No.2. PAULA A. LEWI5, Disrricr No.:} . FRANNIE HUTCHIN50N, Disrricr No.4· CLIFF ßARNES, DisrriCT No.5 Counry Adminisrroror - Douglos M. A,.,óe=n 2300 Virginia Avenue . FOIT Pierce. FL 34982-5652 · Phone (772) 462-1450 · TDD (772) 462-1428 FAX (772) 462-1648 · email: dougo@co.sr-Iucie.fl.us web sire: www.co.sr-Iucie.fl.us '-' ....., Page 2 June 25,2002 Road Transfer City of Port 8t. Lucie, we will likely include a recommendation that the roadway be transferred back to St. Lucie County if contracts cannot be met for the construction of this roadway within 18 months of the date of transfer, or if the work is not completed within 24 months of the issuance of a construction contract. In summary, County Staff supports the transfer of Jennings Road to Port St. Lucie, and the retention by the County of Walton Road. We also support the conditional transfer of South Lennard. If agreement is reached between Port St. Lucie and St. Lucie County over the conditional transfer of South Lennard, we will request that FOOT modify the existing LAP agreement between the County and FOOT, to exclude from that agreement funding for South Lennard and request that any leftover funds from the remainder of the Lennard Road Project be assigned to another MPO approved federally funded project in 8t. Lucie County. If approved by FOOT, we will recommend that up to $4 million be allocated to a Port St. Lucie area project. eat (772) 462-1450 if you have any questions. . ø~ )~- /L o g;;7M. Anderson Count? Administrator OMAlsm c: Board of County Commissioners Dan Mcintyre. County Attorney Ray Wazny, Public Works Director Mike Derusso, Florida Department of Transportation -.. . .~ -....I CITY OF PORT ST. LUCIE . ... . . . . . . . . . . . . . . . . . A CITY FOR ALL AGES Mr. Douglas Anderson County Administrator St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 ~;vl 07/ 1r {]:Þ . /'ÞP&¡ ¡,~ :¡;J.J vJ ~~' ~ r'7 ...;;í Transfer of Road Responsibility for Lennard Road (between Matiposa and Walton Road) and Jennings Road. . July 19.. 20002 Re: Dear Mr. Anderson: In response to your letter of June 25, I took the matter to the City Council for their determination at the' July 15, 2002 City Council meeting. The Council authorized discussions between the City of Port St. Lucie and St. Lucie County for such a transfer. Pursuant to your letter of June 25, you should be advised that thé city is contemplating to commence the construction of the Lennard Road improvements in the 2004-2005 fiscal year, with it being completed approximately 18 months later within the 2005-2006 fiscal year. I believe this addresses part of your concerns. I believe those concerns can be addressed in further detail as part of the agreement. I would like to commence those discussions as soon as possible in order to provide a clear understanding of who will be responsible for the road for any development that may occur within the CRA. In addition, please find a memorandum attached to this letter datea July 17, 2002 from Bonnie S. Dyga, Assistant City Manager. Ms. Dyga suggests the following uses for the four million dollars that St. Lucie County will save as a result of the City of Port St. Lucie assuming control and responsibility for the expansion of Lennard Road south of Walton. Essentially what Ms. Dyga is requesting is that the county shift this four million dollars to the county road project on Walton Road to provjde uniformity for that section of Walton Road and Lennard Road that a. re within t~CRAß1'1 1ft ad ditt&i 0 ' tP\ . t;'f¡! li.\.::. Lt· If \'1 .!,.,I that request, the city would be prepared to provide a certalr-·~prtië51i uf land, ~~q1i lüU/ 'JUL 2 2 2002 1@ _[ ~ . I ..,..... ,.. .. '"' _.......... I .._:_ n_..I~"M"¡ . D,...-+ Ct I ",..;0 ~I ~.1QR.1-Finqq Fif) 1871-5225<5C11B-70 OOp7 ,¡ ',I. . , '-'" ...., Mr. Douglas Anderson County Administrator St. Lucie County July 19, 200'2 Page 2 is now presently set aside for the Deaf Services Center building (a project which· does nòt appear at this point in time to be able to go forward), for possible drainage retention. In our previous discussions, you indicated drainage retention was a problem on Walton Road. As this is a matter of some importance to the CRA, I would request that we have a meeting at the earliest possible date to begin the discussions of this transfer, and then subsequently bring an agreement back to our respective bodies for approval. If you have any questions or need any additional information, please advise. Sincerely, ~t~ City Manager DBC:eg Attach. c: City Council Bonnie S. Dyga, Assistant City Manager Roger G. Orr, City Attorney Gregory Oravec, CRA Manager '-' """" ITEM NO. I DATE: May 24,2005 AGENDA REQUEST REGULAR pq PUBLIC HEARING [ ] CONSENT [ . TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): PUBLIC WORKS I Environmental Resources Manager SUBJECT: Award of Bid # 05-045, Indian River Drive Phase II Shoreline Revegetation to Vila & Son Landscaping Corp. in the amount of $5,145,212. The contract will provide for compensation on a unit price basis so that the County will only pay for work actually installed. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Seventy- five percent of the funds will be made available in Grounds Maintenance/USDA National Resources Conservation Service in account 101106-4115-546300-4914. The remaining twenty-five percent will be made available in Grounds Maintenance/ FL Inland Navigation District in account 101803-4115-546300-4914, Grounds Maintenance/ St. Johns Water Management District in account 101107-4115-546300-4914, and from the County's Emergency Reserves and/or the County's Emergency Line of Credit. PREVIOUS ACTION: April 5, 2005- Board approved permission to advertise Invitations to Bid. RECOMMENDATION: Staff recommends award of Bid #05-045, Indian River Drive Phase II Shoreline Revegetation to Vila & Son Landscaping Corp. in the amount of$5,145,212, establish the project budget and authorization for the Chair to sign the contract as prepared by the County Attorney. [x] County Attorney [x] Originating De~...t. p~Works [x] Purchasing ...c (Check for copy only, if applicable) [ ] Proj. Man. [ x] Eng. b!aV P COMMISSION ACTION: r-"" 1tJ APPROVED [ ] DENIED [ ] OTHER Approved 5-0 ·- . '-' ......, DIVISION OF ENGINEERING MEMORANDUM 05-119 TO: Ed Parker - Purchasing Director VIA: Michael Powley, P.E. - County Engineer MVP VIA: Vanessa Bessey - Environmental Manager~Uß VIA: Barbara Meinhardt - Fiscal Coordinator f:AM/ Mvþ FROM: Michael Harvey, E.!. - Engineer Intern J17 H DA TE: May 10, 2005 SUBJECT: Award of Indian River Drive Phase II Shoreline Revegetation (BID # 05-045) ææææææææææææææææææææææææææ-=ææææ======æææ=--======-=ææææææsæææææææ=ææææææ Bids for Bid #05-045 were opened on May 9, 2005. Only one bid was received. The bid amount was $6,286,383.85 from Vila & Son Landscaping Corp. The quantities used when the project went out for bid were based on one hundred percent participation from all the property owners. After visiting with each property owner it is clear that there will not be full participation from each property owner. Therefore, we recommend that the project be awarded to Vila & Son Landscaping Corp. in the amount of$5,145,212. We anticipate that this funding level will be sufficient to fund the proposed improvements for all of the participating properties. Seventy- five percent of the funds will be made available in Grounds MaintenancelUSDA National Resources Conservation Service in account 101106-4115-546300-4914. The remaining twenty-five percent will be made available in Grounds Maintenance/ FL Inland Navigation District in account 101803-4115-546300-4914, Grounds Maintenance/ S1. Johns Water Management District in account 101107-4115-546300-4914, and from the County's Emergency Reserves and/or the County's Emergency Line of Credit. The following budget is established for the project: Construction: Testing: Reserves: TOTAL: $5,145,212.00 $ 90,098.00 $. 571.690.00 $5,807,000.00 ¡ s B o '¡: I- C1. c:: o U) OCI ..!! :> - - c o :¡:: ftS .., ~ 0) g C)~ 0) .... > Õ 0) .... 0:: 0) rn ftS .c D- O) > .¡: C '- 0) > ä:: c ftS .- " C 2 t ro Q) 0 'e- :Q a..m o 0 It) It) â88â~:;; IX) ci ci 0 N 0 NaOa~a .a°ciaj~ ~~gam~ ~~~~~~ ~ 000 0 o 0 0 0 ci ci ci ci IX) 000 NaoO cDoñcici m N It) 0 ~~~~ 000 0 C! C! C! C! \wi 'wtI ~~~~~~~~~ ~r--It)~~~~Cñ~ MlÔajÑaj~ciciM r--mr--l"m....lt)m~ ~~~~~;;;~;;;~ II) co M co CO') ui co N ui ~ ~ Iii CI !2. It) It) It) 0 It) It) 0 0 It) 0 8 .,. N N I'-: N .,. It) It) r-- It) IÓ ... ..ciciciNr-- ~~(ltt;w0Z;¿;~~N ~ :¡ij~ C)èi....... i-~~~ ..-ëücn~~ -- C) ! I! "D ~~-W~3!~"'8 ~~oo:t~~ ....!!()Oe....c:: 5 CI~ ~oc.......o ()'E-8"C!~~ :¡8:¡¡:¡¡o!!m ~~~~¡~~ U)U)U)U)U)U)c:J 88888a08~8 ~1ìi~¡:jciâ:;M""lÓm or--mm~alOgCñIX)~ ~oñ~~oñ~~cici:- .....c;; &t)U> ......('f) ~ ~ ~ ~ ¡¡S ¡¡S ¡¡S ¡¡S ¡¡S ¡¡S ¡¡S ¡¡S ¡¡S ¡¡S ¡¡S ~ Iii ~ CI ~tl !2.ß 8. ~ !! Iii c:JC1. III ~ II) III U)U) ~ ~ Iii Iii Clg !!le. ~ ~ g':::¡ III 0 ~ .c ~ § CI &:: '¡ !! c 'E 8 æ 0 ">. IE CI ~ ~ ~ ~'õ.g c:: § 8 C> ,2 13 !ä OCI 1U2c::g' ~ 1ií ~ 'C: :g c: '¡¡¡ :¡¡ ~ 8 ~ õ ...... ~...... c;o~ .... .... ~~~~~~~~~~~~ ..... Cõ co Cõ Cõ Cõ co co co co co co .... It) It) It) It) It) It) It) It) It) It) It) ~. '-' """" REGULAR [X] PUBLIC HEARING [] CONSENT [ ] TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS ST.lUCIE ."~ COUNTY ~" FlORIDl\ - AGENDA REOUEST ITEM NO: 8 DATE: May 24, 2005 SUBMITTED BY: Management & Budget PRESENTED BY: Marie Gouin SUBJECT: Auditor Selection Committee BACKGROUND: On April 26, 2005, the Board of County Commissioners approved establishing the Auditor Selection Committee and appointed Marie Gouin as the Board designee. Florida Statutes 218.391 (3) (a-b) (excerpt attached) require "The governing body of a noncharter county...establish an auditor selection committee..." According to the statutes, the committee shall consist of the county constitutional officers and one member of the board of county commissioners or its designee. The Committee met on May 13,2005, to review the Request For Proposal, at that meeting Edwin M. Fry, Clerk of Circuit Court made a motion to extend the contract with Berger, Toombs, Elam, Gaines & Frank for one year to provide auditing services on the County's general-purpose fmancial statements for the Board of County Commissioners and Constitutional Officers, which expires with the completion of the 2003/2004 audit. (Attachments: Excerpt from F.S. Ch 218; April 26, 2005 agenda item; agenda for the May 13,2005 Auditor Selection Committee; and minutes from the May 13th meeting) FUNDS AVAILABLE: N/A PREVIOUS ACTION: On April 26, 2005 the Board established the Auditor Selection Committee and appointed Marie Gouin as the Board designee. RECOMMENDATION: The Auditor Selection Con:µnittee recommends the Board of County Commissioners extend the contract with the current auditing firm for one year. If it is the pleasure of the Board to extend the contract, staff recommends that the Board gives the County Administrator permission to negotiate price with Berger, Toombs, Elam, Gaines & Frank. COMMISSION ACTION: [](I APPROVED [ ] OTHER: [ ] DENIED NCE: Approved 5-0 g Anderson County Administrator County Attorney: ~ Coordination/Signatures Management & Budget: .-111~ Purchasing: - . '-' """" Auditors Selection Committee Minutes of Meeting May 13, 2005 Convened: 10:00A.M. Adjourned: 10:10A.M I. CALL TO ORDER The Meeting was called to order by Dan Mcintyre, County Attorney at 10:00A.M. in Law Library, 3rd floor, R. P. Administration Annex, 2300 Avenue, Fort Pierce, Florida. .. :';::I~¡{'.:<.~..:'~~·· ...- ' ~,---,-, -'." - "-.:; '-'. ,'.::~:.':~_""'-.',;. 11.;,';;;~:'ROLL)Ç~L r :.?[bgs~Wfio Members Present: Edwin M. Fry, Clerk of the Circuit Court Jeff Furst, Property Appraiser Ken Mascara, Sheriff Bob Davis, Tax Collector Marie M. Gouin, OMS Director (SOCC designee) Members Absent: Gertrude Walker, Supervisor of Elections Others Present: Dan Mcintyre, County Attorney Edward Parker, Purchasing Director Christann M. Hartley, CCC and Finance Director Toby Long, Sheriff's office Sherry Eichin, Supervisor of Elections office. Peter Lezniewicz, Property Appraiser's office III. Procedures on selecting auditing services The County Attorney (Dan Mcintyre) gave a background of the procedures: The current contract with the auditors expires with the completion of the 2003/2004 audit and the contract does provide that it can be extended. However, staff took the matter to the Soard of County Commissioner (SOCC) for direction and they have authorized to begin the selection process, which includes forming the selection committee (comprised of the constitutional officers and one member of the SOCC or their designee - Marie Gouin has been designated) and organize this initial meeting. If the process continues, the statute requires to advertize for a request for qualifications (RFQ) and ultimately interview the candidates, rank them based on various factors that could be discussed at this meeting or at a later date, and recommend their choices to the SOCC. The Clerk of Court (Ed Fry) stated he had a couple of concerns regarding going for a new . , '-' '-' auditing firm instead of just extending the contract. He knows there is the option to extend the contract and he is comfortable with the work the current auditors have done to this point. Also, there are a few things he is trying to accomplish in the Finance Department that, in his opinion, would be better served by working with the current auditors. He stated he thinks committee members would agree with him that changing auditors more often than not imposes a burden on the office, because there is that training phase when each side has to get familiar with one another's procedures and he would prefer not to go through that over the course of this coming year, specially after how tough this year was with the hurricanes significantly slowing down the auditing process. Therefore he is in favor of extending the current contract, rather than going for RFQ. The Property Appraiser (Jeff Furst) stated that if that was a motion he would second that request. s ()ffl~,iÞ0rr1pirðller (T9~fU~mg) stated~~ê~Q;;~dW¡thEdt;~1$~é~$ons to . .' ntråbt.andl':îesympathi~eswithhjs point Of Viêw, because he ~qsee how Mr. ·å wouJdbe moštly impacted . by thêènange. .. .... . . . Mr. Fry added that he just thinks that what he is trying to accomplish while they go through the audit next year would most likely have to be delayed if there is a change of auditors. Mr. McIntyre stated he just wanted to clarify that if this committee goes forward with this decision, staff still has to go back to the BOCe with this recommendation to seek direction on what to do. He suggested for the decision to be put in writing, numbering the reasons to extend the contract, for the benefit of the Board, and he stated this matter would go before the Board as a regular agenda item, probably at the May 24th, 2005 BOee meeting (9:00A.M.), and recommended it would be best if there is someone representing the committee attending the BOeC meeting to answer any questions the Board members may have. Mr. Fry offered to be the spokesperson, if everyone agreed, since he understands he is the one that brought up the concerns. The Tax Collector (Bob Davis) asked for clarification as to if it would be a consent item. Mr. McIntyre stated this item will most likely generate some discussion. Therefore, it should go as a regular item. After discussion Mr. Fry moved to recommend to the BOee to consider extending the contract with the current auditors for one year. Mr. Furst seconded the motion and all members present voted In favor (Ms. Walker, Supervisor of Elections was absent). Motion passed unanimously. IV. OTHER ISSUES ComDensation There was a question regarding what will be the amount of the compensation to the auditors for the next fiscal year. -2- '-' "'" Mr. Fry quoted parts of the contract where it states the three fiscal years for which the contract had been written and the paragraph where it states that if there is an extension, the terms and price will have to be negotiated at the time of the extension. Therefore, it would be his understanding the BOCC would have to proceed with that aspect when and if they agree to extend the contract. Status of FY 2003-2004 Audit Mr. McIntyre inquired if there were any further business the committee wished to discuss. Mr. Fry asked the Finance Director (Chris Hartley) to update committee members on the status of the FY 2003-2004 audit since, as he mentioned before, there were extenuating circumstances affecting the process and those present may want to be informed on the s. 'LEi' 0' '0' ' '" ' " , "... ; ,~j:V~~'>,;,,-- ¡""....,,',"" "",LiE;i'~;:..,ii' i~~i\I"""""L' ',., , statø~$héhaèjjyst SP9~entOtfi!,Yditor1,§.íjlnôt~s prior to thi~;meeting. The portedlhe audit òfthe.BOCC finanCiàtstatèñi'eìitsis complete;ådjustments were being made as recently as a week and a half ago. The Finance Department had contacted departments that still need to submit invoices and since then, everybody cooperated to the best of their abilities, the deadlines were extended and they submitted' all the necessary paperwork. Although it is her understanding the auditors had also found a few difficulties with the Constitutional Officers, they are also wrapping up those audits. There were some other issues to look at, such as requirements from FEMA. She stated it is expected the auditors will meet the deadline for the extension they have requested, which is until May 31 , 2005 and staff has also requested an extension to submit the Comprehensive Annual Financial Report (CAFR) to the Government Financial Officers Association (GFOA) for the Certificate of Achievement for Excellence in Financial Reporting Program. V. ADJOURNMENT Having no other business to discuss, all agreed to adjourn. Respectfully submitted, Suzanne Antonetti Recording Secretary c: Auditors Selection Committee: Edwin M. Fry, Clerk of the Circuit Court Jeff Furst, Property Appraiser Ken Mascara, Sheriff Gertrude Walker, Supervisor of Elections Bob Davis, Tax Collector Marie Gouin, OMB Director Board of County Commissioners Doug Anderson, County Administrator Dan Mcintyre, County Attomey Edward Parker, Purchasing Director -3- '- """" REGULAR [X] PUBLIC HEARING (J CONSENT ( ] TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REOUEST ITEM NO: 8 DATE: April 26, 2005 SUBMITTED BY: Management & Budget PRESENTED BY: Marie Gouin SUBJECT: Auditor Selection Committee BACKGROUND: The contract with Berger, Toombs, Elarn, Gaines & Frank to provide auditing services on the County's general-purpose financial statements for the Board of County Commissioners and Constitutional Officers, expires with the completion of the 2003/2004 audit. Florida Statutes 218.391 (3) (a-b) (excerpt attached) require "The governing body of a noncharter county...establish an auditor selection committee..." According to the statutes, the committee shall consist of the county constitutional officers and one member of the board of county commissioners or its designee. Once established, the committee must publicly announce when auditing services are required to be purchased, to include a general description of the audit and instructions how interested certified public accountants can apply for consideration. (1 attachment: Excerpt trom F.S. Ch 218) FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board of County Commissioners advise the constitutional officers of the fact that an auditor selection committee must be established in accordance with Florida Statutes. Further recommend the Board designate an individual to represent them on the auditor selection committee. COMMISSION ACTION: [.\J. APPROVED [J DENIED [ ] OTHER: CONCURRENCE: County Anomey: Approved 5-0 Boord appointed Marie Gouin to the Auditor Selection Committee ~~'I,...-,t~ f+"'-:-' /' f .. ;f'~ 40."...., ~ oordinationlSi natures L/ ~./ . Management & Budget: ~ Purchasing: rfL 0,,,·,···1 _ ..l~" (!::~"./: Finance: (Check for Copy only, if applicable) \wi ...." St. Lucie County. Florida AUDITORS SELECTION COMMITTEE Friday, May 13,2005 10:00 a.m. Law Library, 3rd floor St. Lucie County Administrative Annex Agenda I Roll Call. II Review Draft for RFQ. Discussion/modifications III Set up next meeting dates for: Proposals'review Candidates' presentations IV Adjourn. '- \..f .., Agenda Request Item Number Date: r"'\ ~ 05124105 Consent Regular Public Hearing Leg. [ J [[ XjJ [ J Quasi-JD [ J To: Submitted By: Board of County Commissioners Growth Management Pr~nted By ~ ;-'-::~::¿ -~ Assistant County Administrator Request of Arcadis for final plat approval for the project known as Third Replat in PGA Commerce Centre at the Reserve. The project is located on property on the southeast comer of the intersection of Reserve Boulevard and Champions Way. SUBJECT: BACKGROUND: Arcadis submitted the Third Replat in Commerce Centre at The Reserve in order to adjust the lot lines within the development. FUNDS AVAILABLE: N/A PREVIOUS ACTION: On July 23. 2003. this Board approved the Second Replat in PGA Commerce Centre at the Reserve. RECOMMENDATION: Staff recommends that the Board approve the Third Replat of the PGA Commerce Centre at the Reserve and authorize staff to complete the final processing of this Plat. . COMMISSION ACTION: [1] APPROVED 0 DENIED o OTHER Approved 5-0 Motion and re-agenda on June to pull agenda item 7, 2005 under CQnsent ~..:.,.. agenda. "I ~UUIU"IiOlIQIlI '>Ignatures County Attorney Originating Dept.: Finance: CURRENCE: Mgt. & BUdget:~ Environ. Res. Div, j Purchasing: Other: .. \wi .~ Commission Review: May 24, 2005 GROWTH MANAGEMENT DEPARTMENT Planning Division MEMORANDUM To: Board of County Commissioners From: Assistant County Administrator Date: May 18, 2005 Subject: Petition of Arcadis, for final plat approval for the project to be known as Third Replat in Commerce Centre at The Reserve Arcadis has submitted the Third Replat in Commerce Centre at The Reserve in order to adjust the lot lines within the development. It has been determined that this plat meets all applicable provisions of the St. Lucie County Land Development Code and Chapter 177, Florida Statutes. In accordance with the provisions of Section 11.03.03(0) of the St. Lucie County Land Development Code, this office is requesting that the Board approve the final plat for the subdivision to be known as Third Replat in Commerce Centre at The Reserve and authorize its execution. Please contact this office if you have any questions on this matter. SUBMITTED: -.-..--) ~ ~ Faye Outlaw Assistant County Administrator cc: John Donahue, P.E. - Lindahl, Browning, Ferrari & Hellstrom, Inc. Ron Harris, County Surveyor File ~"i \ /' \ ~ \.- I~ It ,~ ;: ¡ It:' I , I} . II ~,~' ¡ I ! i! 11 Ii :¡ II ,I II :1 I I ¡ I ' ~!I : I t; ,I' ------J-7----,!: I!I f ; \ :: 'I: ~ ~I II, ~~ II ' ~: ¡:t::4 ~ I I, I g~ :', ~~i' I' ti~ i :11 , ~O¡¡ I, ./:i ~ I F.~ \ , : ¡ ii' ~..,J; \ I '\ :, t..{¡h~. ' ....,., ., - , \ ~.!J."- I I ¡'f I. j¡t\~\\ I' : '~~t -JL_ ~_1'~-~.~' I ¡. - LJ,'-T' r - - t' , '- - ,- ~-f ~' :----~ l' tª6.~' 'r1n;I~-!'~~-~~~;f-~: I ...; ¡....".oO'.J.t. ¡¡ HI_ ~ f ~ F:J!! ...1:1.,,, ' I I, "'11M SNOWWIO!! i~ i!ì'ì" 2 I \ ¡; ; ~-'! \. '" ; w > II: W en 1&1 a: IU :z: ... l- e · i ill ~~~ ~ illJ 5 iiii ~ ~~~~~ ~ ~¡sl~i ~ IL!g! u 1t!§1R I I~I~ I b~~Ei o ~~~g ~ ~is~ c ~s~1 ~!~i -= f - - c ... :a- 1.1 I: ~ I: - I: - .' . :S ; '" I i I - 7#oï·-i~ I I ;,~ ~ I ~I ' . ¡!, ~ I , b ~~a I > ~ ~58 I "'". .a .. ~§ i \ J ~""1A ~~ 1/1 _Lr.o.r-~'--- I ~!b\ ¡- ' gd~' t \ \ ;i§~, \ ~b~ I I \ ~ , ~ \ " \ Î! .. -....I í / , If! ~I /iil!¡i":: IË!j~fjl iiil~~ I~~~!~ ;!Ui~ i:5 f . , ~ ~ I Ir~ hi IIC ill . I ~ ill i ,1;1; ¡II'I'I ~UI I~ IJIJ~. ¡1~iM I~itlfm~ ~I!!!!~~!!!!!!:!~!!! th /to' 8. '1'6;111 ":''Ol!~/íIO :".., ZO"aZ:.M\.I.~\",",,"~~~..vu¡'I·'.." C\I~ b:e j~ ..., . . w > ~ III CI) III ~ III ::c ... ... c = III li5:,.: r-lD(\J <t -z a: ~lDo<i VI-a ... ~~~~ Z ~,.:~ . III !i~~ U~~~!!j(\J Ñ~c{gli5 1&1 g~s~~ U ~~~~~ ~;¡Ju~~ -~~¡¡¡ !l1~~~~ .. u~~~ - -¡",M:!...JX?;( .. Of+! '1-2 O::J¡=t:;B <tl-~VI ¡",<t lD U~M:!~~ <tl-O~ C ~§~~ CJ ~~~~ A- ¡¡¡!~ <t z ¡r - ... C ..I A- lii ~ Q ~ - :c ... ~~I ., J' I ;. , '/! ~~~ III r'~a hl~! . I .<"el~ fJld ~~It~ "" ;:~~,~. r3N~ ' ·.!i8 i ¡ ~¡ ~ , I , , ~ I u!i I "5 ft!~~ I ~nll~ :~J ~i~~ ~ 5~ i!i! !J i 8~.:U !!g sP: J~ Ita¡ r.,·t I. I ~UiJ~ I! i!!~! ~~ ·gil·~ ;â Dcdl. !¡i il -II I! ~B "I ï~ I; Iii Ii Ii I!q . ;¡ ill. ,~ r 1'1" · ~ ~ ~ i ~íl t r.", I ;I! JII~ i~& raì ~r"'I!!'~ 1:. ~¡~II" I!lsg nl ~ ï ~ Ii ~~. i 8 II ~ ... .. I!. iii 'I rh ,. ~i ! ~! 1= ,2 I! I;j ;~ Iii ~I !:liI (;i\ ~ ® I II /,< J .~ ,i= b I'! Ii :Ii ¡I I~~ ;:g I~= ,!" :ii II~ I~ ¡Ii ;, Id ;~ .5" ;1 t::cJ I , . In aa : ~t · ~n 11" fî ~~,~ll iNti, ij' ~~i Ift~ I' !ïli!ld~ i !"~'~i8' I IIMã=I§~! · ~Ii! In II! - ). ¡fI,,·, " :,",' ~~ $,~ ~j d"~1: . ...·2 ; . I ill, '" " f ~I ~ ' i~ Be - ,~¡ "'~ ' v ~i ~I :~~=~ . F":! ~I 5& I~:!b " r::, ~I is !i!¡1 ~ Î m It ·~ati , I~ .g ill ¡II i"!1i ,~, r ~I; %I~ ~,~ 1 " = . R ~ ~ ~ d ~ ê ti ~ I ~I, < !. ! 1\ ~: " s. I~ ~I; ~a i, 11 I ~ r:i 8 ~ei I II~n ~§n q, Iii B I~ i; Dt E =; jiig!11! r I .. 11* B ~~~t I' I ~ ; Ie ! , ! 1:lðl ,dl~ ~I "~a~1 ftl,=1 !llê 11.ljl !I~iil ¡ili ~,M~ I~i;ii !'"t' d~~ Î2 ~II;II 11;1~8 e '~I .. 5 5, :5 J! IIi' !~I~! I~ 2~ì¡ll~ a' ·!d d ~~i M¡ ~~ R~;I dS~§a ralti ;iI ft. _ oj I ~1!I~ø I~d! ï:i!! ;nj~ a/ i ;1 If I~! ¡ I'~I ~ il! I' Ilii ~d i: !:j'i ~ ;~ I I~ ~: f ¡i 11;, f II Ii ~g ~;r II iI! II , , ;iJ 1- ,¡ ~1 I~ ¡II :' ~: 1:11 < ;~.8 SiS tU... II i~I'¡ r H' j -~ A, II!! I,i¡ ~' i !~i~' ?- aMf . 1",- i . Ii:! Lf !~ ~ .r~if ii . 1.Jl6ilio'C'W''' .......... ....IIIWl.V.~~I'M\.6ll...'.. .. I!J~ ¡* ¡' '\.... To: Submitted By: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: [X] APPROVED c=J OTHER Approved 5-0 County Attorney Originating Dept.: Finance: \wi "wi Agenda Request la 05124105 Item Number Date: Consent Regular Public Hearing Leg. [ 1 [X] [ ] [ ] Quasi-JD [ ] Board of County Commissioners Presented By ~ <'--......-¿ --:::> Assistant County Administrator Request of Lennar Homes, Inc., for final plat approval for the project to be known as Bent Creek. The project is located on property on the west side of Hartman Road, north of White Way Dairy Road, south of Orange Avenue, and east of 5-Mile Creek. The project consists of 722 residential lots. Growth Management Lennar Homes, Inc. has submitted the final plat for the project to be known as Bent Creek located on the west side of Hartman Road, north of White Way Dairy Road, south of Orange Avenue, and east of 5-Mile Creek. The project consists of 722 residential lots. N/A On April 5, 2005, through Resolution 05-032, the St. Lucie County Board of County Commissioners granted Final Planned Unit Development approval for the project to be known as Bent Creek. Approve the final plat of Bent Creek and authorize its final execution. D DENIED Douglas M. Anderson County Administrator ~ Coordination! Signatures Mgt. & Budget: ~ Environ. Resources Div.: ) Purchasing: Other: ~ '-' "wi Commission Review: May 24, 2005 GROWTH MANAGEMENT DEPARTMENT Planning Division MEMORANDUM To: Board of County Commissioners From: Assistant County Administrator Date: May 18, 2005 Subject: Petition of Lennar Homes, Inc. for final plat approval for the project to be known as Bent Creek - PUD - Final Plat On April 5, 2005, through Resolution 05-032, the St. Lucie County Board of County Commissioners granted Final Planned Unit Development approval for the project to be known as Bent Creek. The project is located on property on the west side of Hartman Road, north of White Way Dairy Road, south of Orange Avenue, and east of 5-Mile Creek. The project consists of 722 residential lots. It has been determined that the plat meets all applicable provisions of the St. Lucie County Land Development Code and Chapter 177, Florida Statutes. In accordance with the provisions of Section 11.03.03(D) of the St. Lucie County Land Development Code, this office is requesting that the Board approve the final plat for the project to be known as Bent Creek and authorize its final execution. Please contact this office if you have any questions on this matter. SUBMITTED: ~-:::r ~ 'Î ~ ~ Faye Outlaw Assistant County Administrator cc: Don Cuozzo, AICP - Houston Couzzo Group, Inc. Rett Waldman - Lennar Homes, Inc. Michael J. LaCoursiere, P.E. - Schorah & Associates, Inc. Ron Harris, County Surveyor File i u .... .. 1:1 5 cr: U CL II r .. II; I OJ -' 10: U o ~ o : k'jt.... CD I ~~õi~i! ~ t ~~~~êf ~ : II (:.:ïr:r o ;3 .:e~ ~z'" 5 I: f~! a=~a 1/ ~a '"';0" : ~ a.. Ifl:~ a ë Ëi !I:~S I .u ...."Ilol&::.. ..: '" cr: E-t .... < ~ ~ ~ ~f¿~ p::51§ ~ r_,c..'" ° ~O~C~ ~~CLOII: U)~~~~ .-oof4 r_' Z ..J II: """ _ ~ ... CD ~Q~~~ ..-=:::i.... 'Z .... !2 ~ ~~~8 ..... þ cr: .... /,-¡j'" ~Q~~~ ~~~:;;;: uj~ i~ c..0 ftI E-t<~ Z ~ ~ f ~ ~ Z ): ..J ~=:m ~o I .J:~=-:'¡ ~; I :i11~ II !~ 10 .....1 ~ -,a O~i",,; u.. ,&I-!¡ u : 8!!~=! ï "~æl~; ! ~~¡:;~ ~ ""!i.- . e !~. a! i ~u . . i. ul .1; ~f! ''II.. I·!~ ..~ uo ~~g ,... s= . ·a 1= al il oU !::~ :¡I~ ;t", -¡ ""I ¡¡i. t .. ;!! .. U .... o ·3 ¡-e 5 I; 'I~ ~ ~. i¡¡~ e ~i ed &;" .t:~u _aVE__ r"-··-··- 11 ~I ¡ I: ¡hi ¡ . . . . L._ ..J wwrE .,., OAIIY IIOID ,-,. ~:I J"i~ .z -I I:; I ,~~ '~w 0·" ~5! ¡ ra.. . ~Ii 11:l !~~ =;3 z....,: .. ..,. ¡ !! .. ==! I; i nit ~ i I·~ Elg I . .. .. Ii ~~ r~ J ;~ :I~ i :8 t =: reo. . I~~r ... ! II. ji: " C .<1 A I~.. " I .1 E 1",- Iii! :o'MI . w Iw ~I roD, . i= !~ Ii !~Ii ¡ ãi . ¡OK ~~; 2 II! . U!I w ¡. 0 r 0" ( ..~ II :';:I¡ ~ .. I;¡ . .a ¡Iff Æ r I~!: g::~ I i.5.. ~S trn ~..¡ ,=.: !S '.'a ; ¡! .i.; I~ iil!i ." i! Î~ ~ =I';! ¡ !! III!; II !:¡Ii ~ '~~I z= ~ ø; ~ ~ ,J=..I .1: ., .0:.1 n~r xi z: !~~ E:li ~4iJ :! :!!11 I~ Ii i . h:t =~ I ~::ë ')-- !~ I I: · ~ IS!: ~I III' · ft~~;~~ ~~ liL~J .. = "Irr· ..I ::! It c. W2!a 12 ..~z þ. ~: !EIË ~: ".11 I t .~ ~~~: r ,a I ~= ¡ ,. ~~ =;!:" ~ ; i I :~.. wI' =" :1 ~.~~8·· :1 ~I. ~!! Wg u Iu eu "0%... i ¡ .u .¡'¡IL ul.. E.. S ! Ii i~ I; d ~... ~.. =~ I:; I~ !=þ.~0 I ¡~ n !¡ i £E i ,!; ~ ~ c~ ... ~!! .. I.. I :.. q . I:: ~ ~ I! w '_1 ~:~ i ~Hlf :!~ & 0 >zu ~~ =:~ .:;~ :.. ": ~~3 ~~ ·=1 !!o~ au t~u 2u. , f i ~ : ~ '.H .J <II I~ f oJ , ~. , !! t e ; a.. ~ =' ~~ .. H~j ....." "'5· r...e i;§ i~~ ..r=: 1'- i~=t .~ ~ ~& ~ Ira E it ¡ ;i~ r U I !~~ .. ~I!: I I."' :~! :r- I....~ I~ 1;= é; iIi- ': ,!I; ~~ e~!E =" t'v. ~IO i¡ ...~ i I~ ~ Iu .. ~~ ~ ó ~ .E II. E~ l~ ~e. · ~ 8: ~ .. = -.. = t =!~ I~ : ~I~ <4C .. ~; ¡~5 C,) f!i ~ ... t ID ~ c;¡. c::;::) c--I r- ...., c Q) E Q) g c ctS :E J:: ~ o '"- (!) i !i ~ ~ Ë~ r t ... I i t~ i ·e í ~ '¡ II : I. Iii ! ~ ',; i- I; n! I. I:. Ii I; i¡; .~= ..~...#~~ ii' I~ ~ =.Iot,.;......~ .........Ii or I. .. ~ dl III ; ":0 Ii !I~" it E!I If . 1=" i :! í~· I~ ~ åi1é¡e.o· ~ J:W f 3! 5'~l!ii:!"; II¥~ el II ;ïlel=':§:! ~ f~5= II h "I ¡=B~II . IILj I: i I i~!;!~i: ! I!~ I 1 !:ij~!.lw f) :~I ~II¡·II!! -i IW~ ;¡ .'If~.r I. ,~~: t z 5·!:;1=1·1; ,.- I .~ ~ = ..z¡. .. : :; . f .i· .. w e ¡ I i; ¡hi t i h ill~;I!11 ~. ! ~: II!~ . š i '&¡IIIII.II I t~ ¡I..~ I t~ ¡Iii ~I:! I w_ ..a. i I!. I š ~ i. g æl.II!1 .. t! Ii:: 'IS! ¡ ~IW~"".' ~\n;t i·!·i~l= ull¡a.:¡ i Ib;;b I !i¡~!Ui I' i.riJf!~ I Irmi,¡ I I"¡!!f,. !Ui~i~~~ ! lald.l: i· i!iii"! ~~ ~ifi:~lh ~ i ¡i;; :~ Ir··!~¡~ = "~~ d !wi!á!h I Liie ill ~ ~ ::::E: !I Ii ~:; i! II 't I~ ií ~~ r .¡ n. II~ .1 IS! 10 tv~ lifÞ- !Iii ® III - ~! I~ .~! j ........................... ~. 4 r!r!II'r!!un!¥rumr!mn i ~..~..~~....~~~~..::~~~~~~c~~~~~ ell _ ..o~··!·.a.......o...·~·_~. õ" , .aa~¡~_=I~:æ:¡:~!¡I=!~~5~i; ! .oooo-::~::_....åO........~ . i L,... I ii~ :1· e-t ed I i iillæ;~= \0 Iii i !z..I¡. i! :1 i i I~ ..;: i I~. -.. k ,. ~ e ti IË: rili 5 u ~...... þo.....= 0 \.;';";'1.~,-~~\r"'~ ~\.:....~;.,:,...t... ;;p~;,~~,;~p;~;t~~",;""; ~þoþo~~..~~......þoþo..~........þoþoþoþo~..þo.. ~~u~~uuuuuuuuuuuuuuuuuuuuuu 4~44~44C4~...~C4444.4CC4.CC~ :~:::~~:::::~~:~ff:ff:f:f!f 1/ !i tI~ i¡U5~ :!5~5 =¡!!j ¡ili Iii! ~! ~ .~; !!I! il" I=! Ii hn~ e~=I.. ,i· e~i ¡-.. 11= i ~:....¡8 .co::&' i5s,,¡ r~ ¡ 'Ie' 8. . I c. :U I:i :=! "-i.:,,: .~! . !: I I.~! I!· ~: I~: í!~ I!!: oel iI1i=; ;!;:! . ~r.1 ~I¡ 1/ "5U =: ¡Ii: 1!~li I!II Ir! 1:;~ !. ~I!¡! Iv: I i!il~! !'&J~ I=~.g I' I. r ! . 1 ~. ~~~ i¡=; .0. !i .... ~~~!!a at=..: Ii i I!fi~ ¡Iii I! I=f Ilil. . Iz Ii: d v J. I!=&.:~ ¡rr!; N¡ I:i v . c ill or i:ï;~=:; ..·..1.. 1,~5 :iI!~ ~il~ el .1' liBe i ~ ;I~. It;' '2\ i ~!;!!! . _ M ! fi IIÌ !~r t~ u .ow ·:;it== wll~ a" "e g . !; i . ~ ~ .~.I ¡.!Lt; ! ¡¡!II ~1I1~i ~I:" :!ï :1[1 If ælMI ;~~ q!d! g I ~~ r .¡ ~ ,. w i...I.... ! 0 ~... I" ~r ~I: I 'Ii! ! " -1-· !i~=¡= .I!:;~ . IV~ Þ!,il! li;~ -I" II· Ii ï I~ III u ~~ I tf~;1 rr:* ; 5.;il . lu. = 115 .. . ¡ìlò~ o· rll'.= !;~ ::,¿ - i I wW" . W I~...sii! Ii u "~In i!!!. I ¡I! I!g ;,..~ . ,"';' i .. ~ i~:~¡ i'S:;i i!~· ~I~ t= !ä...w2 ~~ i§ ~Uw· !..I! I': I i ~ =~ '=1: I ! ~ !·~5i -I·" I¡¡I .. .w··1 .., ï =12' : if: ~a ~ ..= liil ~ r I r "'! . It .~~ "' ., ! ~ vs:!I! = ""~': u ~ I i I Í'.:! li,r ;ë "I~I=" ~ ~=.I. :¡ 1111 Þ§! .... ! ¡~w '0 . H··.. :: '=J.' le~. i ~I eii ii~! .ell: ¡.. I'" ; UII ~ ~V4! ~XIB x- . I .g5 ! .a.. I. o! ~. ~r bl! : !i I II err f:! I~I : ~ ~ 1&1 I:) C IL 10: o o ØI ... C ..J IL ..: CD C ~ 1&1 « ~ ~ ~ ~~~ I'Y r:.:1 ~ II) ..Ioo.::IIo ° ø.. CD ° ~O~é~ t:"""""~lLalt CI)~'i~~ «r:.:1~~: ~Qo>1I. ...... ~ ·Z ~!!!;:) V4~i8 ~Þc!!!1II r_' "'u þooIoo4Q~3~ ~§r:.:1~=t r'\ ~ ~ ....., II. to) ø..0 to) ~<~ Z ~ r£I f ~ ; Z ): ..J I ï= ~II il§ l~'" Iii !1Ii~ ,_. I!¡" 1.8£ I,d .~-. !&:,- I,i! . :5UI I 'Iii I ;!.~ ; b"~ ~ ::1: ~ II., c_ 2X ..~ ",. "I _AYE..... r"-"-"- ïl . . ~ . . a I ,~ ~ Ii Jr. I: I å g ;1 Ia.. · ~8a ~ -= .. p f.~J: øa.: ~ ¡!oJ .... .. AL'r i;i ~ ... t i II ...... c: Q) £D ,("') E ';;:, Q) "C :;:) 0) ,''-J ttS Q) l' > c: ttS 'ëi) ....- :E 0 1>- Q) « t cr ~ 0 .... (!) ~ \ . . \ -I 1'-- !: "- -::== Š-¡~--{('( 5 I. I " . , L__~ I !! ~ i!i I j¡' ..., -----------------'Wf.R?"---.... _____~""_._____ -:----1 I ;: . --;. ¡Ii Hi; ¡I~I !: .z-s. J.:J\f~J. I r-:-~-'il ~ I ~ "\ irl:I,: I:,!: 1-1 +-- L )----+--- L) U~'I'I~ Iii ~ 1 1:, ,I - ,I _I' I :I: i' _. II - Ill' J~__L~__.J~_~j___ ~I~.. I '...' }-----.;.;;;-,,;.;,..,. :.-~:~-:~~-- :: _JC___________~~~ ~F~ _______ ________~__-E__ --L__..!!!!!______ - - tv ....... ........... II IaJ I:) e IL :0:: o o III l- e oJ IL E-4 <: ~ w o ~E-<. z~ rz::¡Z ~):!cr 8 ~I'\ a: 0 Pi!_:Z: ... E-40~~~ .::10-11: rz::¡'1I) a: e C/»It)~æ ~rz::¡fI)""lII -..... ,.. CL . IaJ 1oI::::!-%~"" ~~~!Ë ~ ~g _...u ~ ::> cD!!! CD _u.... Pi!Q¡30 r_,rz::¡c~f ~z....enl- p::~~ ~ t)~e II) g,.t; w ~<: z ~ Pi! ~ ¡:o ...: en c I...,IIOUDI." J I.~IJ.II.~MI""__WU r- - -- - -ìi --~-~.~~ - -~.-..-"'~~~~~~.~- -- I:ïf¡¡¡:- _ _ _ - - ._ --!!'"!!'!~--'- - - ~^~:.,.,}IÐNY!O- _\- - - -+- __--=*--- ; I""·..~~-J J : i--------J-A--f--- ___ 'I \.: M I ..,A.........~:;..r r = toII-4UOM_~·t.....1I C ( ~ = dll-ž: I. ¡I; I ...1-0 . t. . IL . " I : I jsr; I I ..b. : h------;:o--- ~¡ /~~·ir{ if !I 8-:---ï I ' Ole; =. !ii: 0 ' , ~ I ::!i .; 1'.1 I I ~ ~K !- ~----j , ~II i! ,! ~~! ' I, !' -,:' , :IE I 5; ~__..... I .r '1' I In I.:· 'I 'III ' : ~-~'l : J---~II I GiS I ! ~ I,' I ~I i-L__.....I 1 L.. · I -, :. Ii' ... No ., :--.J: I .Ii- . J.,,\f~J. I, ;-~-~ ¡I I· I I I i--:-ll i 1--:-"': i : ..~}¡, ~ " " II II " , , " , I " , , " , , ~,¿Qii.ïi.J¡.¡;.¡¡ pr: --- r-:::.::=-_-.::.:= r1 + £: a 0- , E .... !-I U") :0. c::J a; =: il', "'¡j c::::¡ c 'r '" h II (t .. ~i'r~1 r-- c: i~ a:.b_ ..--¡ C1:S 0- :E >- <::( ~ ¿ { e CJ '-' , I , , I!' .'~ lit I. , I I I , s:~ ., ~¡ s:' t: .; . !- d !' ä~ n .I-S. J.:)\f~J. -.... ï--JC---------------------, . ' I It, : ::II ~ .&llMlfttMllIØJ.Y. : ~ .,¿ -1A. .l:J\f¥J. It '1 IJ , I 0 ~----~~RT~---------------~ _____~~J_____ . I-"OM , , , , ..~ ait t; , I , , I .I-S. J.:J"~J. , $~ .. !. ,¡ $' .; w- .! !' :; :I- n u r-----------------~-- I I I I I I I I . õ p:; ... u C II: I- ~j 'I ~I ~! = 9 J.33HS OJ. H:JJ.'f'W ,..~..~ - Ii' .. ........... ....... 1__ tIIDII:I1J,(I "wi I I Ô Æ ;~ &. 1': a"5 ., :8: [!¡! ; ;!~ _"'0 J"~5 !!¡ Ii -: ~ :: ~I Ii I~ ¡! ID~ , o º ~ L~ ;x ~e W· ,,' ~ .. õ u UI I ~ ' ! Ii ; II : .; (J , I i I ~~ ,..! æ ¡!~ I i 2'5' ' ·';11 l~i! i!t' =1 ...._WlI "0':' II ~---~~::~~~:~~:?)--(- ~--- -- ~Y-~-'ÉJ ¡ I;¡ i~ I --! -- ~ _: .;.._:.:..../ -4 --- .;,;,;:-..;.:::r-r- t - 1 ~ , , Ii I ,,! w I I~;il w· ~I ~: ~- ~:~: I I : III am: ¡¡'ii ¡; ~I I: ~ I Iml III!:!:: t"f;~ i! I',: ~ I : IL! J~ - .. I ~ ..... I 1 .. .£-0. J.:lYIU, I I , ì . . I I I 1 1 I ¡ ! I :0 I & II ; 5' ! £' i .f-/ 1 I I Ie ~IW fli' : .1:1 I !i!= : 1:11 ¥ IIJ ø e IL :I<: o o III l- e -J IL ~ ..: <1: : .....:I III o ~E-c. Z~ rz1z p:; )!!: on r_,c..: g ...... 0 I- ci N ~';;:¡60 . Tn rz1.0 g 5 V.l>Ift-J::) <1:~~":~ ~_X)01ll 01-... E-cz~ - Þo Z ~u ~þ !i!:l.ø r£I~o3... r _, r.' Z . 0 ...... _ e I- .. p;:::Z,..CII... uj~ i c..t; III ~<: Z ;;; r£I ~ ~ L~_IÐ .,...þ¡....II.. ~ ...,..........III'J~IIO...,.. r------------- , , r. ~ 1 '-' ~;; I ~§ i ~~ Ü ~i i. . . I- U 1 e tIC I- , . ,. & I : , !: .. ! , !: .. I , ! 0; . __-J.::_________, 1 1 , I ...____It':.._ 1 ~ I 1 1 ¡ : . I 1 1 , I _____~~~_____ L____~ - 1 I I 1 ~J .' I I I 1 J I: . ~ N i I fJ . Iji ... u of e ,~~ tIC l- ." ~ 1/ II I t ~-I , 5 Þ ! i !--I :1 ç -~!.- ~ - ,. & ;, . ! &11 & f ; I IIlj , , ! t ! S" S .. I _.!.H".s.I!L_ -, ,- ·1 "u , ¡I I ~;; !~ J : ~.~ ': : :!~! : ~'W i!!~ : .-1. ,,. , lïl Ii I lï'· ~! : .',= : ¡III ¡ ¡~ L______~---------~ ___________J . - - - _ n-.1r"n1IMÞ'" &AI" 1M'" ............. ......., '117....,.... . . ..~-;-.;..-._;;:;~....J - ~~..II:IØ!_..,;:r _ _ _ __v"_ _ _ "'- - .1fUoIIW'''. ---__v"_-- .,1 ~i ~I ~e .. . 11 '" 11 '" ¡ J.33HS OJ. H:)J.ItW .._-...~- . .. .... '&t ....... ......u.. ..." I e- ~j ~~ ~i i. . N I III . ... u e tIC I- iDl ~I ~e ; :;r------------ .iI-B. J.:).~J. I'" It;¡ I~ 10 I~ I~ lI- e 2 I ~===~==a:~ - ......,a-a...,.,.......,. _ _ _'_ _ ----.-!'!.&!bOt.'_ _ __ _ _!.~"a\-~-otIDIL~~. ¡ .l33HS OJ. H:lJ.YI'I -.- us..... · A.......~_.. ....III "I¿ _ _I........... '" ... IIJ IIJ :I: o o I- :I: U l- e 2 -- C Q) &..n E C:;) (J) c:::J 0) C'>o..I ca l'- c: .-; ca ~ ~ Q) .c: a: ¿ "i e (!J I '0 52 ~ " õ u U) I IIJ c:I e CL :0: 0___ o m .... e ...I CL f-4 ..: <: : ~ III o ø.. !i ~ ,yf:l:1 ~ In ~::øa: 0 r_,ø.,:i 2 ...... 0 ~ c >= f-4 ,::¡ 0 lih: rnf:l:1f1)~~ V.I.>".JQ: .-tff:l:1"'...m ~""IL .w ~ -:>-11.. .,,1- e-<zz --5 ~OU ~þ~~", r_' _UI&. ...... c:::I §! 3 0 r_'f:I:1e..:1n æ~,..II)t;j uj~ ~ ø.,t; .., E-c<: Z i µ;:¡ ~ {:O I ! 0 Q '!... .. ¡; u u> I w 1_, e ." Ib,; I !m~ I I~!Î I Wv. II ....., 'G"7aVTnlIO ..' alii" I --- -_...... -~--=---. --_.!'O.:....:w¡¡¡¡--d--~----- ~":'_~~_ .. .~_~"CI'!.~ .:-:....... __----.::.~~~=:1 tIJ«'1J1DUDI"Id.IICII¡,..lIIftþ,1IO...'1UftOS1tU - - - -- , I , ~ I ! , ~ ; c 1../ l ¡ ~ I I ¿In Dt ....... 'IW"OI: I..~::r~ ':II-:"~ = ,.."...uIO.....J.IIOII r---c-; elll 0' ø::" z.... -u ec .ø: u>t: "'".... ... ~ - '-" :~I : .. :I ~~ ·~I!I .Ii .:: .. - i.. : :..~ .I ·0 o. o.." ¡.. ~~ !!Ii e ~ t ~I Ii g! ~I SA. ZLc 'wi .. J.33HS oJ. H::InW - I, ;/.w I·~e till I¡¡'! 01" . = ¡I.t oed , 00 I- W IIJ , t ¡¡ , !; . ! II ~ ;. l- V e II: I- § ! , ~ ! ! , ~ ¡ o· ti ~v i! 4D I- W ~ II) o I- :z: v l- e :E I I I I I I I I I I I ~ .: ¡. : .' I ~ , : ¡ I r I I ¡ .. I Ð : I I I I I I I 1 I I I I I I I I S 'I..~ ~I ~! .. . _____.!.P..'!t"!!._____ ...- .... ~; I I I I I I I ----~finPi----------J I . I I 1 I I I 1 I I i~ i~ i1I .1-1,. J.::IVIU. kl5 -, ~ I I I I 1 I I I I _ I 4D I- ::J ~:z: ." ·0 k= .... .1 :z: IU .... Ie :E 01-0. .I.:!YH.I. .__......-nn...,""'.. o ... ,Dell ---- --........¡¡;s-.......-- -- - - ---I .~~-a::~~ _ _ _ _ _ _ _ _ _ - - --.J .... _.r- r------- I , I I , to ;: ~ ~I .11: i ¡ , I . , , , t-----------'=fiñ-----------' -. , , , I I , ; .:5 II I ., I I Ii,i. li'l Ii:; ..._ I .... J' J, .1;1 ............... .1-0. !:)wau. .~...)"....,........,MI,. ._____~~~_____ ~ j!l~ ...---. - --'- - - - - - - .-!!''!!!..- -. - -.--r ~- --:ïriiH':¡;:¡¡;¡'¡ - - - ë';:¡;¡;..Ïa;-- - ---:::riI' I'_~~~ _ _ _ ~~_.llD~JIU_~~~~ i _ _ _ _ _ _ _ _ - - - - - - - -- J"W'aO!1011 ""W)'3>1 - \wi -wi '" CI e( 0.. ! )C o o III l- e( .J 0.. 11)1 t;¡1 !!I filet Oil- ;~! // ~ 1 .."! ~ I </:";;/ ... I /~/~'''' .......... . ....."tI......I_............ '!.. I :c ",. I'· I- 'I U . e( N II:: I I- :« ~ < ....:¡ tAl ~E-<~ ZI!: n.Þ r:i3 Z II) ~::=s: g ~~té~ r:.......'::¡:::ÞCII:: (/)~~~æ C( ·0 :::Þ II).JII: <~~&:: ~-%>-I&. fill- E-<z~ z~8 ~Þ":!!!III r_' !!gl&. ~Qo.JO ~r:i3~",:1II ~~~(/; t.):3~ ." ø..t; '" ~<en Z ; ~ ~ ~ - -'----~ï----- ~í tl ~¡ ~! .. . f r I , I , I , I , ---:r---------J - 1 1 I I II) I I- I ti 1 2: en o 1-\ 5 \ ~ \ :E \ \ \ \ ¡ ~ , :c I- u C( II:: I- I-----~r----- , , I , ,~ I:, .. I , I I , ...... , 1 '!.. I C( . I- U C( II:: I- .I-V. ,L::IVal1 . '" _----1 ----------- : , , , , , , ! : II ~~ ~. ~ , , I , , , I I I e; ~I ~V i! . .. .. C( : . I- U e( II:: I- ~i tl ~! c . ;- ~ t: ! II!I -_._-~--~.!_---_. ;: ';.'>; ...- Is ;. , ... "' 1;1; T IUI P .I~I ~,.., w;l; ~h ,h ~... II) I- til ~~ 51 ~I :E .I-V. ,L::IVIIJ. ~I Ii i~ ul &p. Q-c . .. :« I- u C( II:: I- :¡ ! ~!, " :'/ f~lj II, ,ç' þ, 'It I ,.J . UI I I = 'a' '1 Is:/i ; æi~! 'e /'%' : :~U \..n c:::::J c:::::J C'oI r- +-' C Q) E Q) C> ctS c: ctS ::E ..c: ~ o ..... (!} ~ CD "C Q) > 'CD o Q) a: ....-' ~ .:::E ! " ~ ., õ " V> o !2 ~ . I , ! Board of County Commissioners Administration Monthly Committee Reports At the April 11, 2000 Board of County Commissioners Meeting it was decided by the Board to place an item on the agenda, to give the Board an opportunity to provide updates on the various Committees and Advisory Boards that they serve on. It has been decided by the County Administrator that this item will be placed on the agenda each month. N/A N/A This meeting the Board will provide updates on the following Committees and Advisory Boards that they serve on: '-" TO. SUBMlnED BY. SUBJECT. BACKGROUND FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMlnEE 19th Judicial Circuit Conflict Committee Alcohol, Drug Abuse & Mental Health Committee Blueway Advisory Committee Chamber of Commerce Board of Directors Children's Services Council Corridor Advocacy Group (Scenic Highway) Council on Aging Cultural Affairs Council Friends of the St. Lucie County Library Healthy Kids Indian River Lagoon NEP LaRe OReechobee Coalition Land Acquisition Selection Committee Law Library Board of Trustees Local Government Sub-Committee Property & Homeowners Public Safety Coordinating Council Shared Services NetworR Exec Round Table St. Lucie County Fire District Sunrise Board Tourist Development Council Transportation DLCB Treasure Coast Community Alliance Treasure Coast Council of Local Government Treasure Coast Regional Planning Council Treasure Coast WorRforce Consortium Value Adjustment Board WorRforce Development Board/Treasure Coast COMMISSION ACTION: [ ] APPROVED [ ] DENIED [X] OTHER: Reports given. AGENDA REOUEST '-' ITEM NO. II DATE. Map 24, 2005 REGULAR [X] PUBLIC HEARING [ ] CONSENT [ ] COMMISSIONER Commissioner Lewis Commissioner Lewis Commissioner Craft Jt) Commissioner Hutchinson Commissioner Lewis....... Commissioner Craft- Commissioner Lewis./ Commissioner Craft~ Commissioner Lewis / Commissioner Craft Commissioner Smith/ , Commissioner Smith¡;" Commissioner Craft Commissioner Lewis..... Commissioner Hutchinson, Commissioner Craft, Commissioner Smith ,..- Commissioner Coward Commissioner Hutchinson Commissioner Smith- Commissioner Coward, Commissioner Hutchinson Commissioner Hutchinson Commissioner Smith-- Commissioner Lewis Commissioner Smith4!""'"; Commissioner Hutchinson Commissioner Craft, Commissioner Coward Commissioner Hutchinson Commissioner Craft, Commissioner Lewis, Commissioner Smith Commissioner Lewis Review and App,ova', County Attorney: _ Management & Budget: _ Originating Dept: Other: Finance: (CheeR for Copy only, if applicable) Purchasing: _ Other: Effective: 5/96 · :;.- )5/20/05 ?ZABWARR FUND 001 001160 001164 001165 001168 001172 001290 001293 001294 001814 101 101002 101006 101106 101215 101218 102 102001 :04003 '..05 :07 107001 :..07002 :07003 128 129 130 138 140 140001 140127 :40324 160 183 183001 :83003 :"83004 :"83006 184205 185005 315 316 382 39006 39007 39008 '-' ST. LUCIE COUNTY - BOARD """" WARRANT LIST #34- 14-MAY-2005 TO 20-MAY-2005 FUND SUMMARY TITLE General Fund Section 112/MPO/Planning FY 04/05 USDOJ Violence Against Women Grant CSBG Grant FY05 Urban Mobile Irrigation Lab 04/05 CDBG Grant FY 05 CTD Medicaid Non Emerg. Trips TDC Planning Grant FY OS FDCA/EMPA 2005 Floridian Aquifer Well Monitoring N Transportation Trust Fund Transportation Trust/80% Constitut Transportation Trust/Impact Fees USDA (NRCS) Emergency Watershed Prt FDOT Traffic Signal System Grant FDOT Midway Road PD & E Study Unincorporated Services Fund Drainage Maintenance MSTU Hurricane Frances Donations Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund-Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper Blakely Subdivision Fund Pine Hollow Street Lighting MSTU Kings Hwy Industrial Park Lighting Parks MSTU Fund SLC Public Transit MSTU Palm Lake Gardens MSTU Fund Port & Airport Fund Port Fund FAA BCA 9L/27R/Rehab. 14/32 FDOT/Design Runway Rehab-AL642 Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.-County Teen Court Ct Admin.- Teen Court Guardian Ad Litem Fund FDEP Fort Pierce Shore Protection P FHFA SHIP FY04/05 County Building Fund County Capital Environmental Land Capital Fund So 26th St MSBU Capital Indian River Estates MSBU Harmony Heights MSBU EXPENSES 1,042,203.86 4,023.82 11.28 823.44 641. 90 5,273.91 52,682.00 431.41 2,617.22 100.37 494,954.70 457,659.20 150.00 13.60 140.00 83,378.93 99,814.22 54,216.54 3,000.00 645.02 471,876.40 337.85 48,923.24 34,555.70 72.21 348.06 461.41 1,075,333.00 44,426.00 113.34 12, SOL 31 2,886.48 79,124.80 8,791. 64 3,660.82 7,030.68 13.34 145.00 2,002.92 3,425.71 14,078.94 1,581. 55 487,355.00 704,900.60 5,600.00 9,208.74 40,886.92 27,984.71 PAGE PAYROLL 579,239.85 6,265.03 150.47 1,530.39 1,312.01 0.00 0.00 611.74 0.00 1,312.01 128,183.22 0.00 O~OO 0.00 0.00 0.00 49,697.10 5,256.74 0.00 1,338.97 105,802.97 914.80 2,578.81 0.00 0.00 0.00 0.00 0.00 0.00 0.00 12,051. 27 0.00 0.00 0.00 2,852.80 1,171.85 0.00 0.00 3,049.23 0.00 0.00 2,200.95 0.00 0.00 0.00 0.00 0.00 0.00 1 .---. )5/20/05 FZABWARR FUND ~01 'a8 ,121 ·;41 '!48 '!49 '151 -158 461 '171 478 479 481 491 505 505001 511 625 665 690 'j91 .. '-' ST. LUCIE COUNTY - BOARD """" WARRANT LIST #34- 14-MAY-2005 TO 20-MAY-2005 FUND SUMMARY TITLE Sanitary Landfill Fund Golf Course Fund H.E.W. Utilities Fund North Hutchinson Island Utilities NHI Util-Renewal & Replacement Fund NHI Util - Capital Facilities Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist-Renewal & Replace No Cty Util Dist-Capital Facilities Airport Utilities District Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund Law Library SLC Art in Public Places Trust Fund Treasure Cove/Ocean Harbor S MSBU North AlA MSBU GRAND TOTAL: EXPENSES 214,834.96 76,011.44 4,832.48 57,473.28 3,438.04 15,156.76 124,095.79 13,087.34 128,028.01 46,233.43 45.44 121,301.45 2,610.12 51,787.28 117,724.43 33,108.66 2,571.51 8,784.71 1,800.00 497.03 9,888.94 6,423,718.89 PAGE PAYROLL 55,335.07 23,528.43 590.66 3,599.12 161.59 743.81 1,589.67 396.82 14,709.56 3,820.10 187.47 706.98 428.84 65,725.21 3,179.56 2,038.71 5,072.65 0.00 0.00 0.00 0.00 1,087,334.46 2 ",,/ ~ """" AGENDA REQUEST ITEM NO.C2A DA TE: May 24, 2005 REGULAR [] PUBLIC HEARING [] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Resolution No. 05-226 Extending the State of Emergency for Hurricane Frances; and, Resolution No. 05-227 Extending the State of Emergency for Hurricane Jeanne BACKGROUND: See attached memorandum FUNDS A V AILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board approve Resolution No. 05- 226 and Resolution No. 05-227 and authorize the Chairman to sign the Resolutions. COMMISSION ACTION: NCE: D(] APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 uglas Anderson County Administrator County Attorney: Jy Review and Approvals Management & Budget Purchasing: Originating Dept. Public Works Dir: County Eng.: Finance: (Check for copy only, if applicable) Eff. 5/96 ~ """" , INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 05-833 DATE: May 16, 2005 SUBJECT: Resolution No. 05-226 Extending the State of Emergency for Hurricane Frances; Resolution No. 05-227 Extending the State of Emergency for Hurricane Jeanne ************************************************************************** BACKGROUND: Attached are the following documents: 1. Draft Resolution No. 05-226 extending the state of emergency for Hurricane Frances until June 4,2005 at 4:00 p.m. 2. Draft Resolution No. 05-227 extending the state of emergency for Hurricane Jeanne until June 5, 2005 at 7:00 a.m. RECOMMENDA TION/CONCLUSION: Staff recommends that the Board approve Resolution No. 05-226 and Resolution No. 05-227 as drafted. DSM/ caf Attachments '-" ...", ~ RESOLUTION NO. 05-226 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY EXTENDING THE STATE OF LOCAL EMERGENCY (HURRICANE FRANCES) WHEREAS, the Board of County Commissioners has made the following determinations: 1. The Board has adopted Resolution No. 00-277 authorizing the County Administrator and the Public Safety Director to exercise certain emergency powers and authority during a local emergency. 2. The County's Public Safety Director declared a state of emergency on September 1, 2004, at 4:00 p.m. due to Hurricane Frances. 3. The effect of Hurricane Frances has placed St. Lucie County in a state of emergency, exposing the citizens thereof to danger to life and property. 4. In order to respond to such emergency, upon this extension, the County Administrator or his designee is authorized to initiate and take such actions authorized by Resolution 00-277 for and on behalf of the Board of County Commissioners during the term of such local state of emergency. 5. Such declaration is extended for seven (7) days until June 4, 2005 at 4:00 p.m. unless sooner rescinded by the Board of County Commissioners of St. Lucie County or the County Administrator. 6. This Extension of the Declaration of Emergency shall become effective May 28, 2005 at 4:00 p.m. After motion and second the vote on this resolution was as follows: Chairman Frannie Hutchinson Vice Chairman Doug Coward Commissioner Paula A. Lewis Commissioner Joseph E. Smith Commissioner Chris Craft xxx xxx xxx xxx xxx '-' .., ;' PASSED AND DULY ADOPTED this 24th day of May, 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY '-" ...., :' RESOLUTION NO. 05-227 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY EXTENDING THE STATE OF LOCAL EMERGENCY (HURRICANE JEANNE) WHEREAS, the Board of County Commissioners has made the following determinations: 1. The Board has adopted Resolution No. 00-277 authorizing the County Administrator and the Public Safety Director to exercise certain emergency powers and authority during a local emergency. 2. The County's Public Safety Director declared a state of emergency on September 24, 2004, at 7:00 a.m. due to Hurricane Jeanne. 3. The effect of Hurricane Jeanne has placed St. Lucie County in a state of emergency, exposing the citizens thereof to danger to life and property. 4. In order to respond to such emergency, upon this extension, the County Administrator or his designee is authorized to initiate and take such actions authorized by Resolution 00-277 for and on behalf of the Board of County Commissioners during the term of such local state of emergency. 5. Such declaration is extended for seven (7) days until June 5, 2005 at 7:00 a.m. unless sooner rescinded by the Board of County Commissioners of St. Lucie County or the County Administrator. 6. This Extension of the Declaration of Emergency shall become effective May 29, 2005 at 7:00 a.m. After motion and second the vote on this resolution was as follows: Chairman Frannie Hutchinson Vice Chairman Doug Coward Commissioner Paula A. Lewis Commissioner Joseph E. Smith Commissioner Chris Craft xxx xxx xxx xxx xxx :- ~ ...,; PASSED AND DULY ADOPTED this 24th day of May, 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY ~ '-" ..., AGENDA REQUEST ITEM NO. C28 DATE: May 24, 2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x ] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney SU BJ ECT: BACKGROUND: FUNDS AVAILABLE: RECOMMENDATION CONCLUSION: COMMISSION ACTION: IX] APPROVED [ ] DENIED r-] OTHER: Katherine Mackenzie-Smith Assistant County Attorney Drug Abuse Treatment Association, Inc. ("D.A.T.A") - Tenth Amendment to June 12, 1990 Facilities Use Agreement See attached memorandum NjA Staff recommends that the Board approve the Tenth Amendment to the June 12, 1990 Facilities Use Agreement between the County and D.A.T.A. and authorize the Chairman to sign the Amendment. ~ Approved 5-0 [X] County Attorney: Jt [ ] Growth Management.: [ ]Finance:(check for copy only, if applicable) Douglas Anderson County Administrator Review and Approvals [ ]Management & Budget: [ ]Purchasing: [ ] Parks & Recreation Director [ ] Solid Waste Mgr Effective 5/96 - '-' """" t INTER-OFFICE MEMORANDUM COUNTY ATTORNEY'S OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Mackenzie-Smith, Assistant County Attorney C.A. NO: 05-760 DATE: May 2, 2005 SUBJECT: Drug Abuse Treatment Association ("D.A.T.A.") - Tenth Amendment to June 12, 1990 Facilities Use Agreement BACKGROUND: Attached to this memorandum is a copy of a proposed Tenth Amendment to the June 12, 1990 Facilities Use Agreement between the County and Drug Abuse Treatment Association, Inc. ("D.A.T.A.") for the County's former youth'hall on Selvitz Road. D.A.T.A. operates an in-patient substance abuse treatment program for children at the facility. The proposed amendment will extend the term of the agreement through and including June 30, 2006. RECOM M EN DATION I CONCLUSION: Staff recommends that the Board approve the Tenth Amendment to the June 12, 1990 Facilities Use Agreement between the County and D.A.T.A. and authorize the Chairman to sign the Amendment. Respectfully submitted /~ Katherine Mackenzie-Smith Assistant County Attorney H :\AgendaMemo-KMS-DATA.wpd '-' ~ , TENTH AMENDMENT TO JUNE 12, 1990 FACILITIES USE AGREEMENT THIS TENTH AMENDMENT is dated this day of , 2005, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County", and DRUG ABUSE TREATMENT ASSN., INC., a Florida corporation, hereinafter referred to as "D.A.T.A.". WHEREAS, the parties entered into a Facilities Use Agreement on June 12, 1990 for the use of certain facilities referred to as the "Youth Hall"; and, WHEREAS, the parties have entered into a first amendment to the June 12, 1990 agreement to amend the description of the subject property to delete approximately seventy-four thousand eight hundred forty-four (74,844) square feet; and, WHEREAS, on July 28, 1992, the parties entered into a second amendment to the June 12, 1990 agreement to permit D.A.T.A. to install a portable classroom on the subject property; and, WHEREAS, on March 22, 1994, the parties entered into a third amendment to the June 12, 1990 Agreement to permit D.A.T.A. to install modular units to provide a day treatment program for juvenile offenders on the subject property pursuant to a contract with the Florida Department of Health and Rehabilitative Services, hereinafter referred to as "H.R.S."; and, WHEREAS, on February 22, 1996, the parties entered into the fourth amendment to the June 12, 1990 Agreement to permit D.A.T.A. to use the modular units to expand its G: \A TTY\AGREEMNT\10a-DA T A,wpd -1- '-" "-' juvenile drug and alcohol treatment programs and to extend the term of the Agreement through and including June 30, 1998 subject to the renewal of the contract with H.R.S. for in-patient substance abuse treatment fòr children with an additional one year option to renew the agreement upon the same terms and conditions, upon renewal of D.A.T.A.'s contract with H.R.S., as amended. WHEREAS, the parties have entered into amendments to the agreement to extend the term of the agreement for additional years through and including June 30,2005 upon the same terms and conditions; and, WHEREAS, D.A.T.A. wishes to exercise its option to renew the agreement for an additional one (1) year period from July 1, 2005 through and including June 30, 2006 upon the same terms and conditions. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the June 12, 1990 Agreement as follows: 1. Paragraph 2. D.A.T.A. USE OF YOUTH HALL; TERM. RENEWAL is hereby amended to read as follows: 2. D.A.T.A. USE OF YOUTH HALL; TERM; RENEWAL D.A.T.A. shall be considered the County's agent for the sole purpose of providing supervision of County employees at the Youth Hall pursuant to the County's contract with H.R.S. for the period July 1, 1990 through the termination of said contract effective July 1, 1990. For the period beginning July 1, 1990, D.A.T.A. will commit to use the Youth Hall, including the personal property owned by the County as listed in the inventory attached hereto and incorporated herein as Exhibit "C" to provide in- G:\A TTY\AGREEMNT\lOa-DA T A.wpd -2- '-' """" patient substance abuse treatment for children pursuant to its contract with H.R.S. For the period January I, 1995 through and including December 31, 1995, D.A.T.A. will also provide a day treatment program for juvenile offenders pursuant to its contract with H.R.S. The term of this Agreement shall be for the period July I, 1990 through and including June 30, 2006, subject to the renewal of the contract with H.R.S., n/k/a Florida Department of Children and Families ("D.C.F."), for in-patient substance abuse treatment for children and may be renewed for an additional one (1) year period upon the same terms and conditions, upon renewal of D.A.T.A. I S contract with D.C.F., as amended. Either party may terminate this Agreement with or without cause, upon thirty (30) days prior written notice to the other party. 2. Except as amended herein, the remaining terms and conditions of the June 12, 1990 agreement, as previously amended, shall remain in full force and effect. IN WITNESS WHEREOF, the County has hereunto subscribed and D.A.T.A. has affixed his, its, or their names, or name, and seal the date aforesaid. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIR APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ATTEST: DRUG ABUSE TREATMENT ASSN., INC. BY: SECRETARY PRESIDENT (SEAL) G:\A TTY\AGREEMNT\lOa-DA T A.wpd -3- " ~/ '-' ..." AGENDA REQUEST ITEM NO. ~~ DATE: May 24, 2005 REGULAR [] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Bent Creek Master Plat - Subdivision Improvement Agreement BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board approve the Subdivision Improvement Agreement and authorize the Chairman to sign the Agreement. COMMISSION ACTION: CE: IX! APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Do glas Anderson County Administrator County Attorney: ~/ Review and Approvals Manag'ement & Budget Purchasing: Originating Dept, Public Works Dir: County Eng,: Finance: (Check for copy only, if applicable) Eft,5/96 '-' """" INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 05-817 DATE: May 13, 2005 SUBJECT: Bent Creek Master Plat - Subdivision Improvement Agreement ************************************************************************** BACKGROUND: Attached are copies of the following documents: Original Letter of Credit No. FGAC-05133 Original Subdivision Improvement Agreement Copy of Engineer's opinion of cost The documents have been reviewed by Public Works staff and the County Attorney and have been approved as to form. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the Subdivision Improvement Agreement and authorize the Chairman to sign the Agreement. RestJj}lf,lm t d, Daniel S. McIn County Attorn DSM/caf Attachments · 'fIDELITY GUARANTY AND ACCEPTANCE COP' '-' 10707 CLAY ROAD (77041)"""" Box 2863, HOUSTON, TEXAS 77252-2863 PHONE (713) 599-2575 DATE: MAY 2, 2005 IRREVOCABLE STANDBY LETIER OF CREDIT NO. FGAC-05153 BENEFICIARY: ST. LUCIE COUNTY C/O COUNTY ATTORNEY'S OFFICE 2300 VIRGINIA AVE. FORT PIERCE, FLORIDA 34982 APPLICANT: LENNAR HOMES, INC. 8190 STATE ROAD 84 DAVIE, FLORIDA 33324 AMOUNT: USD $3,634,000.00 THREE MILLION SIX HUNDRED TIllRTY FOUR THOUSAND AND 00/000 U.S. DOLLARS EXPIRATION: MAY 3, 2006 AT OUR COUNTERS GENTLEMEN: WE HEREBY ESTABLISH OUR IRREVOCABLE STANDBY LETIER OF CREDIT NO. FGAC-05153 IN YOUR FAVOR AT THE REQUEST OF AND FOR THE ACCOUNT OF LENNAR HOMES, INC. FOR AN AGGREGATE AMOUNT NOT TO EXCEED $3,634,000.00. THIS LETIER OF CREDIT IS AVAILABLE BY YOUR DRAFT DRAWN AT SIGHT ON FIDELITY GUARANTY AND ACCEPTANCE CORP. DULY SIGNED, ENDORSED AND MARKED: "DRAWN UNDER ON FIDELITY GUARANTY AND ACCEPTANCE CORP. LETIER OF CREDIT NO. FGAC- 05153 DATED MAY 2, 2005 ACCOMPANIED BY THE FOLLOWING DOCUMENTS: 1. BENEFICIARY'S MANUALLY SIGNED STATEMENT ON ITS LETIERHEAD SIGNED BY A DULY AUTHORIZED REPRESENTATIVE OF THE BENEFICIARY READING EXACTLY AS FOLLOWS: "THE AMOUNT REPRESENTED BY THE DRAFT ACCOMPANYING THIS STATEMENT IS THE AMOUNT REQUIRED TO BE PAID TO BENEFICIARY DUE TO THE FAILURE OF LENNAR HOMES, INC. TO PAY SUMS DUE TO BENEFICIARY UNDER EARTH WORK SUBDIVISION IMPROVEMENT AGREEMENT FOR BENT CREEK MASTER PLAT COUNTY REFERENCE NUMBER PUD 05-032, DATED APRIL 30, 2005 BY AND BETWEEN BENEFICIARY AND LENNAR HOMES, INC.; LENNAR HAS NOT REQUESTED THE RETURN OF THE LETIER OF CREDIT PURSUANT TO THE SUBDIVISION IMPROVEMENT AGREEMENT; AND THAT THE BENEFICIARY IS NOT IN DEFAULT UNDER THE TERMS AND CONDITION OF SUBDIVISION IMPROVEMENT AGREEMENT " 2. EVIDENCE OF AUTHORITY CONFIR.MING SIGNATORY'S SIGNING AUTHORITY. 3. TIffi ORIGINAL OF THIS LETIER OF CREDIT AND SUBSEQUENT AMENDMENTS, IF ANY. THIS LETIER OF CREDIT EXPIRES AT OUR COUNTERS ON MAY 3, 2006. '-' """" OUR REFERENCE NO. FGAC-05153 PAGE 2 IT IS A CONDITION OF TIllS LETTER OF CREDIT THAT IT SHALL BE AUTOMATICALLY EXTENDED WITHOUT AMENDMENT FOR ADDITIONAL PERIODS OF ONE YEAR FROM THE PRESENT OR ANY FUTURE EXPIRATION DA1E HEREOF, UNLESS AT LEAST THIRTY (30) DAYS PRIOR TO ANY SUCH DA1E WE SHALL NOTIFY YOU BY REGIS1ERED MAlL OR HAND DELIVERED NOTIFICATION AT THE ABOVE ADDRESS THAT WE ELECT NOT TO CONSIDER TIllS LEITER OF CREDIT RENEWED FOR ANY SUCH ADDmONAL PERIOD, BUT IN NO CASE IS THE EXPIRATION DA1E TO EXCEED APRIL 30, 2009. WE HEREBY ENGAGE WITH YOU THAT DRAFT DRAWN AND PRESENTED IN CONFORMITY WIlli THE 1ERMS OF THE CREDIT WILL BE DULY HONORED UPON PRESENTATION TÖUS ON OR BEFORE THE EXPIRATION DA1E AT THE FOLLOWING ADDRESS 10707 CLAY ROAD, ATTENTION LETTER OF CREDIT DEPARTMENT, HOUSTON, 1EXAS 77041. TIllS LETTER OF CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (1993 REVISION), INTERNATIONAL CHAMBER OF COMMERCE, PUBLICATION 500. VERY TRULY YOURS, FIDELITY GUARANTY tc~~ fJ/ WILLIAM D. GUNTRUM, VICE PRESIDENT ,,\ tCCEPTANCE CORP. '-' """" SUBDIVISION IMPROVEMENT AGREEMENT THIS SUBDIVISION IMPROVEMENT AGREEMENT, is this day of 2005, by and between Inc., A Florida Corporation (the "Developer"), COUNTY, a poli tical subdivision of the State of "County") . entered into Lennar Homes; and ST. LUCIE Florida, (the WIT N ESE T H: WHEREAS, the Developer is commencing proceedings to effect a subdivision of land in St. Lucie County; and WHEREAS, the Developer intends to record a certain plat of a subdivision in St. Lucie County, Florida, to be known as Bent Creek Master Plat (the "Subdivision"); and WHEREAS, subdivision and platting ordinances of St. Lucie County establish procedures and standards for the development and subdivision of real estate and for the surveying and platting thereof, requiring the installation of certain improvements and providing penalties for violations among other things; and WHEREAS, a final plat of a subdi vision wi thin the unincorporated area of St. Lucie County shall not be recorded until the Developer has installed the required improvements or has guaranteed, to the satisfaction of the County, such improvements will be installed; and WHEREAS, the required improvements of the Subdivision are to be installed after recording of the plat under the guarantees posted with the County. NOW THEREFORE, in consideration of the intent and desire of the Developer as set forth herein, and to gain approval of St. Lucie County to record said plat, the Developer and County agree as follows: l. agrees to the above from and according Engineer. COMPLETION OF REQUIRED IMPROVEMENTS. The Developer satisfactorily complete the required improvements for referenced development within twenty-four (24) months after the recording of the above referenced plat to the construction plans approved by the County The required improvements are more particularly set -1- \wi ...., forth on the Earthwork Plans Developer's engineers, Michael dated January 2005. (Sheets 1-5 B. Schorah of 5) drawn by the & Associates, Inc., 2. SECURITY. The Developer, in accordance with the requirements established by the St. Lucie County Land Development Code, agrees to supply the County with security in a form acceptable to the County Attorney in the amount of three million, six hundred and thirty four thousand DOLLARS ($3,634,000.00), representing 115% of the estimated cost of the required improvements as submitted by the Developer's engineer and approved by the County Engineer. The parties agree said security has been posted in the form of an Irrevocable Letter of Credit in said amount that expires within twelve (12) months of its issuance. Accordingly, Developer agrees that it shall extend said Irrevocable Letter of Credit before the expiration date if the required improvements described herein have not been completed. 3., REDUCTION OF AMOUNT OF SECURITY. The amount of the securi ty may be reduced. once during the term of this Agreement upon the completion of a portion of the required improvements by the Developer and upon inspection and acceptance by the County. In no event, however, shall the amount of the security be less than one hundred percent (100%) of the cost of completing the remaining required impr0'Zements plus fifteen percent (15%) of the total cost for construction of all the required improvements. 4. SUPERVISION OF CONSTRUCTION. The required improvements shall be constructed under the supervision of the Developer's engineer in full compliance with the specifications and requirements of St. Lucie County, and when complete, Developer's engineer shall furnish the County Engineer with a certificate of satisfactory completion for approval. 5. FAILURE TO COMPLETE IMPROVEMENTS. It is further understood and agreed by and between the parties to this Agreement that, in the event said required improvements are not constructed within twenty-four (24) months from the date of the recording of the above referenced plat, the County shall have and is hereby granted the right to cause the required improvements to be made and to use the security provided herewith for payment of all costs and expenses incurred in the construction thereof, including but not limited to, engineering, surveying, construction, legal and contingent costs. -2- \wi ...., Furthermore, it is agreed by the parties hereto that County shall be reimbursed from the security provided for any damages, either direct or consequential, which the County may sustain as a result of the failure of Developer to carry out and execute all of the provisions of this Agreement and the provisions of the St. Lucie County Land Development Code. In the event of Developer's failure or refusal to construct and install the required improvements in accordance with the terms of this Agreement, the County shall have the option to do so, with County employees and equipment, or pursuant to public advertisement and receipt of bids. In the event that the total costs incurred in construction and full completion of the improvements shall exceed the amount of security provided, such additional costs shall be paid by Developer on written demand by the County Engineer. 6. RELEASE OF SECURITY. Upon completion of construction of all required improvements, the Developer's engineer shall certify that the improvements have been constructed in accordance with the regulations set forth in the St. Lucie County Land Development Code. When the improvements have been certified by the Developer's engineer, the County Engineer shall inspect the improvements and review the construction and supporting test/control data furnished by the Developer's engineer. If all required improvements are completed to the satisfaction of the County Engineer, the County Engineer shall confirm this in writing to the St. Lucie County Board of County Cormnissioners. The Developer's security shall then be released in accordance with Section 11.04.01 of the St. Lucie County Land Development Code. 7. RECORDATION OF PLAT. Following execution of this Agreement by both parties and approval of the form of security by the County Attorney, the County agrees to record the plat of the above referenced Subdivision at such time as the plat complies with the subdivision and platting requirements set forth in Section 11.03.00 of the St. Lucie County Land Development Code. 8. INTERPRETATION; VENUE This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This -3- '-' """" Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial circui t for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justifiable in federal court. IN WITNESS WHEREOF, the parties hereto have executed these presents on the dates indicated below. The date of this Agreement shall be the date on which this Agreement is approved by the Board of County Commissioners. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: A.~N Lennar Homes, Inc., :y~10Õ~;;; Print Name: David M. Baselice Title: Vice President -4- · MICHAEL B. SCHORAH & ASSOCIATES, INC. PROJECT: Bent Creek P.U.D. Master Plat 1850 FOREST HILL BLVD., r 'TE 206 WEST PALM BEACH, .FL 'W406 JOB NO.: 1'wIf!; (561) 968-0080 BY: MJL DATE: 3/24/05 EB #2438 CHECKED BY: SHEET NO: 1 Of 4 SUBJECT: SUMMARY - BENT CREEK P.U.D. MASTER PLAT REVISED: 4/26/05 « .,........................ ............. . .. ...... ..:.. .·UNIT< . .. ........... .............. . .............. . ... ............ . ............. . .. ...... .. ............ ~..... .............. . .............. . ... ... -........ .. :JtE¡ QUANTrrV: .. ...... :···:PRIÒe. · ··:·T()l'AL .. .:·::UNIT: Summarv I Master (363,066.00 II Canals 724,801.45 III - Parcel A 1,427,354.70 IV - Parcel B 552,544.95 V - Parcel C 395,249.95 VI - Parcel D 415,978.00 TOTAL 3,152,863.05 Surety Amount Determination Master + Canals + Par. A + Par.B + Par. C + Par. D 3,152,863.05 Surety Subtotal (TOTAL COST x 1.15*) 3,625,792.51 Survey: Corner Placement $7,500.00 Total 3,633,292.51 Surety Amount (Rounded to Nearest $1 000.00) $3,634,000.00 j Jt!Ji2 .J,¿//J~. "X '4'!~U, Micpael Jl!,..áCoursiere, P.E. Florida Registration No. 41071 For: Michael B. Schorah and Associates, Inc. EB#2rJ~8, /1 .5 6' 05 DATE: /> ,., ..../........................ ":.....:'....: .': :.' ': * Per S1. Lucie County Land Development Code, Section 11.04.01.C.3 . MICHAEL B. SCHORAH & ASSOCIATES, INC. PROJECT: Bent Creek P.U.D. Master Plat 1850 FOREST HILL BLVD., ~TE 206 JOB NO.: fri(f5 , WEST PALM BEACH, FL 406 (561) 968-0080 BY: MJL DATE: 3/24/05 EB #2438 CHECKED BY: SHEET NO: 20f4 SUBJECT: BENT CREEK P.U.D. MASTER PLAT REVISED: ............................. ........ . ·"UNIT"" . . . . . . . . . . , . . . . ... . .......... . ............. . ., , .............. . . · . · ·PR·ICe> .................... . ............. . · · · . · < TOTAL. . · . ..'. ',' QUANTITY ····UN.IT···· I. MASTER Dewatering 1 L.S. $105,000.00 $105,000.00 Turbidity and Erosion Barriers, all SWPPP 1 L.S. $100,000.00 $100,000.00 Building Pad Staking for Final Approval 692 EACH $50.00 $34,600.00 Remove Culverts as necessary 1 L.S. $5,500.00 $5,500.00 All demolition and other pertinent removals 1 L.S. $37,000.00 $37,000.00 Clearing, Grubbing, Stripping, Demucking 269 A.C. $850.00 $228,650.00 Any & all required testing 1 L.S. $27,000.00 $27,000.00 Main~ain Washouts 1 L.S. $3,500.00 $3,500.00 $541,250.00 Credit for Ownership of all excess fill Canals 13,809 C.Y. $1.00 13,809.00 Parcel A 380,620 C.Y. $1.00 380,620.00 Parcel B 686 C.Y. $1.00 686.00 Parcel C 168,760 C.Y. $1.00 168,760.00 Parcel D 340,441 C.Y. $1.00 340,441.00 (904,316.00) SUBTOTAL I MASTER ($363,066.00) II. CANALS Canal NO.5 Excavated Volume 21,075 C.Y. $1.85 $38,988.75 In-Place Compacted Fill 580 C.Y. $0.70 $406.00 Finished Grading/Canal Sloping 1 L.S. $2,500.00 $2,500.00 Sodding (Floratam) 27,100 S.Y. $2.20 $59,620.00 84" RCP 160 L.F. $600.00 96,000.00 Straight Concrete Endwall (FDOT Index 255) 2 EACH $30,000.00 60,000.00 Maintain Washouts 1 LS $3,500.00 3,500.00 Finished Grading/Canal Slooinq - Both Sides 2,650 LF $6.00 15,900.00 Canal No. 35 Excavated Volume 3,863 C.Y. $1.85 7,146.55 In-Place Comoacted Fill 813 C.Y. $0.70 569.10 Finished Gradinq/Canal Slopinq 1 L.S. $970.00 970.00 Soddinq (Floratam) 10,225 S.Y. $2.20 22,495.00 84" RCP 160 L.F. $600.00 96,000.00 Straiqht Concrete Endwall (FDOT Index 255) 2 EACH $30,000.00 60,000.00 Maintain Washouts 1 LS $3,500.00 , 3,500.00 Finished Gradinq/Canal Sloping - Both Sides 1,000 LF $6.00 6,000.00 Canal No. 29 (N. of Canal 5/35) Excavated Volume 8,044 C.Y. $1.85 14,881.40 In-Place Compacted Fill 13,266 C.Y. $0.70 9,286.20 Finished Gradinq/Canal Slooinq 1 L.S. $3,000.00 3,000.00 Soddinq (Floratam) 25,000 S.Y. $2.20 55,000.00 Maintain 'Washouts 1 L.S. $3,500.00 3,500.00 Finished Gradinq/Canal Sloping - Both Sides 2,250 LF $6.00 13,500.00 Canal No. 29 (S. of Canal 5/35) Excavated Volume 19,185 C.Y. $1.85 35,492.25 <", .. '.'.. ., , MfCHAEL B. SCHORAH & ASSO~TES. INC. PROJECT' 'nt Creek P.U.D. Master Plat 1850 FOREST HILL BLVD., TE 206 -.J WEST PALM BEACH, FL 33406 JOB NO.: 1205 (561) 968-0080 BY: MJL DATE: 3/24/05 EB #2438 CHECKED BY: SHEET NO: 3 of 4 SUBJECT: BENT CREEK P.U.D. MASTER PLAT REVISED: In-Place Compacted Fill 7,366 C.Y. $0.70 5,156.20 Finished Grading/Canal Slopinq 1 L.S. $3,700.00 3,700.00 SoddinQ (Floratam) 29,450 S.Y. $2.20 64,790.00 Maintain Washouts 1 L.S. $3,500.00 3,500.00 Finished Grading/Canal Slopinq - Both Sides 2,650 LF $6.00 15,900.00 Anv & all required testina 1 L.S. $5,500.00 5,500.00 Construction Layout (Stakina/Survevina) 1 L.S. $12,500.00 12,500.00 Remove Culverts as necessarY 1 L.S. $5,500.00 5,500.00 SUBTOTAL II CANALS 724,801.45 PARCEL A Clean Out Existing Ditches 1 L.S. $37,000.00 37,000.00 Excavated Volume (To Elev. o.m Site (Bldq. Pads, Roadways, etc.) 46,325 C.Y. $0.90 41,692.50 Detention Area 1 127,581 C.Y. $1.85 236,024.85 Detention Area 2 132,803 C.Y. $1.85 245,685.55 Detention Area 3 80,275 C.Y. $1.85 148,508.75 Detention Area 4 120,119 C.Y. $1.85 222,220.15 Detention Area 5 43,245 C.Y. $1.85 80,003.25 Dry Detention Area 1 5,770 C.Y. $1.85 10,674.50 In Place Compacted Fill Site (Bldq. Pads, Roadwavs, etc.) 134 601 C.Y. $0.75 100,950.75 Recreation Area 8,389 C.Y. $0.75 6,291.75 Perimeter Berm (Section B-B) 9,103 C.Y. $0.60 5,461.80 Perimeter Berm (Section C-C) 9,637 C.Y. $0.60 5,782.20 Detention Area 1 191 C.Y. $0.75 143.25 Detention Area 2 653 C.Y. $0.75 489.75 Detention Area 3 266 C.Y. $0.75 199.50 Detention Area 4 622 C.Y. $0.75 466.50 Detention Area 5 1,376 C.Y. $0.75 1,032.00 Dry Detention Area 1 91 C.Y. $0.75 68.25 Sodding (Bahia) Lake Banks (To Elev. 10.0) Detention Area 1 9,225 S.Y. $1.30 11,992.50 Detention Area 2 9,675 S.Y. $1.30 12,577.50 Detention Area 3 7,320 S.Y. $1.30 9,516.00 Detention Area 4 14,300 S.Y. $1.30 18,590.00 Detention Area 5 10,420 S.Y. $1.30 13,546.00 Dry Detention Area 32,888 S.Y. $1.30 42,754.40 Perimeter Berm (Section C-C)(Floratam) 8,570 S.Y. $2.20 18,854.00 Perimeter Berm (Section C-C)(ßahia) 6,330 S.Y. $1.30 8,229.00 Perimeter Berm (Section B-B)(Floratam) 12,000 SY $2.20 26,400.00 Final Gradinq (+/- 0.16 Feet) 1 L.S. $60,000.00 60,000.00 Protect Existinq Trees 1 L.S. $13,500.00 13,500.00 Construction Layout (Stakinq/Survey) 1 L.S. $48,700.00 48,700.00 SUBTOTAL 111- PARCEL A 1,427,354.70 ................................ , ./ , MICHAEL B. SCHORAH & ASSOCIATES, INC. PROJECT: Bent Creek P.U.D. Master Plat 1850 FOREST HILL BLVD., ~TE 206 WEST PALM BEACH, FL 406 JOB NO.: .f2ts (561) 968-0080 BY: MJL DATE: 3/24/05 EB #2438 CHECKED BY: SHEET NO: 4 of 4 SUBJECT: BENT CREEK P.U.D. MASTER PLAT REVISED: PARCEL B Clean Out ExistinQ Ditches 1 L.S. $12,000.00 12,000.00 Excavated Volume (To Elev. 0.0) Detention Area 6 130,077 C.Y. $1.85 240,642.45 Detention Area 7 29,865 CY $1.85 55,250.25 Dry Dentention Area 2 1,208 C.Y. $1.85 2,234.80 In Place Compacted Fill Site (Bldg. Pads, Roadways, Etc.) 145,933 C.Y. $0.75 109,449.75 Perimeter Berm (Section C-C) 14,825 C.Y. $0.60 8,895.00 Detention Area 6 1,586 C.Y. $0.75 1,189.50 Detention Area 7 807 C.Y. $0.75 605.25 Dry Detention Area 2 789 C.Y. $0.75 591.75 SoddinQ (Bahia) Lake Banks (To Elev. 10.0) Detention Area 6 12,555 S.Y. $1.30 16,321.50 Detention Area 7 6,740 SY $1.30 8,762.00 Dry Detention Area #2 11,119 SY $1.30 14,454.70 Perimeter Berm (Section C-C) (Floratam) 4,4 75 S.Y. $2.20 9,845.00 Perimeter Berm (Section C-C) (Bahia) 3,310 S.Y. $1.30 4,303.00 Final GradinQ (+/- 0.16') 1 S.Y. $33,000.00 33,000,00 Construction Layout (StakinQ/Survey) 1 L.S. $35,000.00 35,000.00 SUBTOT AL IV - PARCEL B 552,544.95 PARCEL C Clean Out ExistinQ Ditches 1 L.S. $25,000.00 25,000.00 Excavated Volume (To Elev. 0.0) Detention Area 8 167,073 CY $1.85 309,085.05 Perimeter Berm (Section C-C) 4 C.Y. $1.50 6.00 In Place Compacted Fill BuildinQ Pads/Roadways 19,383 C.Y. $0.75 14,537.25 Perimeter Berm (Section C-C) 1 ,442 C.Y. $0.70 1,009.40 Detention Area 8 171 C.Y. $0.75 128.25 SoddinQ (Bahia) lake Banks (To Elev. 10.0) Detention Area 8 11,360 S.Y. $1.30 14,768.00 Perimeter Berm (Section C-C)(Floratam) 1 ,460 SY $2.20 3,212.00 Perimeter Berm (Section C-C)(Bahia) 1,080 SY $1.30 1,404.00 Final Gradinq (+/~ 0.16') 1 L.S. $8,000.00 8,000.00 Construction Layout (Stakinq/Survey) 1 L.S. $18100.00 18,100.00 SUBTOTAL V - PARCEL C 395,249.95 PARCEL D Clean Out Existinq Ditches 1 L.S. $18,500.00 18,500.00 Excavated Volume (To Elev. 0.0) - Detention Area 9 186,460 C.Y. $1.85 344,951.00 In Place Compacted Fill - Site 16,086 CY $0.75 12,064.50 Sodding (Bahia) Lake Banks (To Elev. 10.0) - Detention Area 9 21,125 SY $1.30 27,462.50 Final Gradina (+/- 0.16') 1 LS $7,000.00 7,000.00 Construction Lavout (Stakina/Survey) 1 L.S. $6,000.00 6,000.00 SUBTOTAL VI- PARCEL D 415,978.00 Total 3,152,863.05 : ': ' '. ::' '..'::. ,.' .: .'..,. ..: :': - '-"// '-" -...I AGENDA REQUEST ITEMNO.~ DATE: May 24, 2005 REGULAR [] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY' COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: First Lease Amendment - Fort Pierce Forestry Station BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDA TION: Staff recommends that the Board approve the First Lease Amendment and authorize the Chairman to sign the Amendment. O(] APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 CONCURRENCE: J Douglas Anderson County Administrator COMMISSION ACTION: County Attorney: ): Review and Approvals Originating Dept. ~ J.......ø '{'¿~'f.~r~~jÇ'M1rM9'~'!+ IN- ,)~P~~'I.'Rieë~¡.)¡r:~i Management & Budget ¡¡,".~Ø;~Th'fYé*,ð¡"1 Finance: (Check for copy only, if applicable) Eff. 5/96 '-' """" INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 05-824 DATE: May 16, 2005 SUBJECT: First Lease Amendment - Fort Pierce Forestry Station ************************************************************************** BACKGROUND: On February 8, 2005, the Board approved a Lease Agreement with the State of Florida Department of Agriculture and Consumer Services for the Fort Pierce Forestry Station. At the request of Assistant County Administrator Ray Wazny, the County Surveyor has drafted a revised sketch and legal description, a copy of which is attached. Also attached is a copy of a proposed First Lease Amendment. RECOMMENDA TION/CONCLUSION: Staff recommends that the Board approve the First Lease Amendment and authorize the Chairman to sign the Amendment. DSM/ caf Attachments This document prepared by and should be returned to: Edward F. Kuester III Florida Department of Agriculture and Consumer Services 3125 Conner Boulevard, MS C- '-" """" FIRST LEASE AMENDMENT FT. PIERCE FORESTRY STATION WHEREAS ST. LUCIE COUNTY, FLORIDA as LESSOR, and the STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, located at 407 S. Calhoun St. MS M12, Tallahassee, FL 32399-0800, as LESSEE, entered into that certain lease dated March 7. 2005, and attached hereto as Exhibit A. WHEREAS the parties hereto desire to amend said lease by striking the legal description referenced in the lease and replacing said legal description with the legal description contained in Exhibit B attached hereto. KNOWN ALL MEN BY THESE PRESENTS: That the undersigned does hereby acknowledge and ratify this lease amendment. IN WITNESS WHEREOF the duly appointed representative of the Department of Aqriculture and Consumer Services has hereunto subscribed his name this _ day of , A. D. 2005. LESSOR ST. LUCIE COUNTY By Witness Print Name Attest Witness (SEAL) Print Name ~ ~ STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of , 2005, by , as of S1. Lucie County. He/she is personally known to me or has produced a driver's license as identification. Notary Public (Printed, Typed or Stamped Name of Notary) Commission No.: My Commission Expires: '-" ...., LESSEE STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES Witness Mike Gresham, Director Division of Administration Print Name Approved as to Form and Legality By: Witness Date: Print Name STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me this _ day of 2005, by Mike Gresham, as Director of Administration of the Florida Department of Aqriculture and Consumer Services. He/she is personally known to me or has produced a driver's license as identification. Notary Public (Printed, Typed or Stamped Name of Notary) Commission No.: My Commission Expires: '-" """" EXHIBIT "A" ¡ CDS-'D;)- 08'7 '-' """" This document prepared by and should be returned to. Edward F. Kuester III Florida Department of Agriculture and Consumer Services 3125 Conner Boulevard, MS C- 25 ¡:-r¡!, r(~ ,....nUT~ì ~"T J:), I c".!,"",.;,..¡~' L ~¡ J ~ I ¡ \ .r ,t¡ "t't 00957! LEASE AGREEMENT FT. PIERCE FORESTRY STATION THIS LEASE AGREEMENT, made this --2.dJ day of AI9M¡.I , AD. 2005, by and L between S1. LUCIE COUNTY, FLORIDA as LESSOR, and the STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, located at 407 S. Calhoun St. MS M12, Tallahassee, FL 32399-0800, as LESSEE; WHEREAS, Section 14(13), Chapter 69-1 06, Laws of Florida, transferred the Florida Board of Forestry to the Department of Agriculture and Consumer Services and assigned its functions to the Division of Forestry, with the Department; and, WHEREAS, on January 9,1963, the parties entered into a Lease Agreement, for certain real property and improvements which under the terms of the Lease shall be used solely for State Forestry purposes in connection with fire control and which was recorded in O.R. Book 56, Page 545 of the St. Lucie County Public Records; and, WHEREAS, the parties desire to terminate the January 9,1963 Lease, as amended, and enter into a new Lease on property at the St. Lucie County Fairgrounds. WITNESSETH: That in consideration of the sum of One Dollar ($1.00) and other val uç¡ble consideration, the LESSOR has let and leased and does by these presents let and lease unto the LESSEE, its successors and assigns, the following parcel of land located in St. Lucie County, State of Florida, described in Exhibit "A" attached. 1. TERM: To have and to hold the same unto the said LESSEE, its successors and assigns for a period of twenty-five (25) years from the date hereof. 2. PURPOSE, USE AND CONSIDERATION: It is understood and agreed that said land shall be used for State Forestry purposes in connection with fire control. In the event that said land should cease to be used for legitimate State Forestry purposes for a continuous period of one (1) year, then the lands shall revert to the LESSOR, its successors and assigns, and the LESSEE shall have no further rights, title and interest therein, but shall have the right to remove from said lands any and all improvements, fixtures, goods, wares, merchandise, and any other properties it may have placed thereon. LESSEE shall maintain a fire break on the perimeter of the St. Lucie County Fairgrounds property where deemed necessary by LESSEE. Page 1 of 5 '-' """" , 3. TITLE: The said LESSOR does hereby warrant the title to said land described IN Exhibit "A" and covenants that same is free from all liens and encumbrances except taxes and assessments for each year as they accrue and any reservations of oil, gas, or mineral interests or lease of oil, gas, or mineral interests affecting said land, and covenants to defend the title thereto for the benefit of the LESSEE,its successors and assigns, to protect the LESSEE in its use and enjoyment of the property above described in accordance with the terms hereof. 4. INDEMNIFICATION: To the extent allowed by law (Section 768.28, Floridà Statutes), the LESSEE shall indemnify and save harmless the LESSOR from any and all liability, damage, expense, cost of action, suits, claims or judgments for injury to person or property of any and every nature arising out of the construction or,alteration of any building or structure on the demised premises, or out of LESSEE'S negligent use, occupation, management, or control of the same, or out of any activity carried on upon the demised premises, 5. TERMINATION OF JANUARY 9. 1963 LEASE: The parties agree that that certain Lease dated January 9, 1963 between the County and the Florida Board of Forestry, as amended on June 20, 1995 and on October 1 1996, hereinafter referred to as the FBF Lease, and more particularly described in Exhibit "B" attached, is terminated 30 days after the issuance of a Certificate of Occupancy for the LESSEE's facility to be constructed on these leased premises described in Exhibit "A;" attached. All capital improvements made to property covered by the FBF Lease shall become owned by the County at the time possession is surrendered pursuant to the terms of this paragraph. The LESSOR agrees to accept the FBF leasehold property and any and all improvements thereon in an "as is" condition and said acceptance shall be binding upon the heirs, successors and assigns of LESSOR and shall be governed by and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF the said LESSOR has caused this instrument to be signed in its name by its and its seal to be affixed, and the State of Florida Department of Agriculture and Consumer Services has caused this instrument to be signed in its name by the Director of its Division of Administration on the day and year aforesaid, in triplicate. Page 2 of 5 '-' ...., LESSOR Bf " Print Name Q/i¡05 Atles~ ¡/,Lk- Witness Print Name ~~~~~.:.~SEAL) ~1j.,. .n -", ¡ ,I ~ ,,~ ß;"';¡o~ \)ü',·;;:/tl" . 'So <,,1' "''''''. v '~ .:.;;~ " - ........ Ci.~.:-'l;'··~'- ~ f;/ ..,:-. /' ."~; I "C- i ,~" ;:-~), --=-~-';¿ ',\Q ~ 1,1,' æ ( i-'J-:)~i!.,( ~!> ';; Ì:~" ,'" .- ,'" I.~:r-:I .'Ì t; r...) \ /1./ ~¡ ! ;;:: ,~ \%;¡·~~;:!f~~i1 Witness STATE OF FLORIDA COUNTY OF ,S-t, LLAC"l <- The foregoing instrument was acknowledged before me this ~ day of F~l::)'(\AD..îy' ,2005, by f\""D-MIL \-ll.\.h1.~n~'t)Y"\ , as ('.let \1'" of St. Lucie County. He/she is personally known to me or has produced a driver's license as identification. -. L9~ Notary Public 1>\(\0-.. ?fp<A-ý\rJð ~ (Printed, Typed or Sta~ame of Notary) ..·~·;¡·gf··"" DlNA PRESTRIDGE ¿:'f"tb.~~ MY COMMISSION # DO 205963 ~.ã;\;'i EXPIRES: Apn128, 2007 "'~;¡(i:~'" Bondod Thru NoIary Public Underwriters Commission No.: My Commission Expires: Page 3 of 5 '-" Q01~ A ee <sAd)er ~~MW~ 0!Jþt-JID-olnã¡ ......, LESSEE STATE OF FLORIDA DEPART AGRICULTURE AND ONS Mi~ Director Division of Administration NT OF R SERVICES By: Date: STATE OF FLORIDA COUNTY OF LEON The foregoing instrument was acknowledged before me this ~day ofW04clt .J, 2005, by Mike Gresham, as Director of Administration of the Florida De artment of Aqriculture and Consumer Services. e he is personallv known to me .or has produced a driver's license as identification. ' .. ,\tl"JI K .:'~~"~~ aren A. Meyer t1 ;' ~ . ¡:'§ Commission # 00346679 ~ft:~~~ Expires October 20, 2008 'ff.:."f'''' Bonded Tßlly h" ·lnwtanc., Inc.. aoo.3I6"f)lio Commission No.: -# 1)03 t/bb79' My Commission Expires: /O/ó20 /o? / ' Page 4 of 5 .\ '-' ......" EXHIBIT "A" A PARCEL o.F LAND LYING IN SECTlo.N 12, T-36-S, R-38-E, ST. LUCIE COUNTY, FLo.RIDA, BEING Mo.RE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION o.F THE EAST RIGHT o.F WAY LINE OF PEACo.CK ROAD AND THE NORTH LINE o.F SECTlo.N 12, T-36-S, R-38-E, THENCE S 00°06'0311 W ALONG SAID EAST RIGHT OF WAY LINE A DISTANCE o.F 950.14' FEET TO THE POINT OF BEGINNING; THENCE S 89°54'51" E A DISTANCE OF 361.49' FEET; THENCE S 00°06'03" W A DISTANCE OF 361.49' FEET TO A Po.lNT ON THE SOUTH LINE OF THE No.RTH ~ o.F THE-No.RTHEAST Y. OF SECTION 12; THENCE N S 89°54'5111W ALONG SAID So.UTH LINE. o.F THE No.RTH ~ OF THE NORTf-iEAST Y. A DISTANCE o.F 361.49' FEET TO. A Po.lNT o.N THE EAST RIGHT OF WAY LINE o.F PEACOCK ROAD; THENCEN 00°06'03" E ALONG SAID RIGHT o.F WAY LINE A DISTANCE o.F 361.49' FEET TO THE POINT. OF BEGINNING. SAID PARCEL CONTAINING 3.0 ACRES MORE o.R LESS. EXHIBIT "B" LEGAL DESCRIPTION OF FBF LEASE From the corner common to Sections 21,22,27 and 28 in Township 35 South, Range 40 East, St. Lucie County, Florida; run South 00°04'30" West, along the line dividing said Sections 27 and 28 a distance of 90.00 feet to a point on the south Right-of-Way line of Edwards Road; thence North 88°54'30" West along said Right-of-Way line a distance of 755.44 feet to a steel axle and the Point of Beginning of the lands herein described: From said Point of Beginning run South 00°04'30" West a distance of 400.00 feet to a steel shaft; thence North 88°54'30" West a distance of 400,00 feet to a steel shaft on the east Right-of-Way line of existing County Road; thence North 00°04'30" East along said Right-of-Way line a distance of 400.00 feet to a steel axle on the south Right-of-Wayline of Edwards Road; thence South 88°54'30" East along said south Right-of-Way line of Edwards Road a distance of 400,00 feet to the Point of Beginning. Less and except the North 15,00 feet; and less and except the West 212.00 feet of the South 124.00 feet; and less and except the North 260.94 feet of the South 384.94 feet of the West 162.00 feet. . Said parcel containing 1.96 acres. Page 5 of 5 '-' """" EXHIBIT liB" ...... co o z>- <t~ z, c:{u. üq .~ OI .c) ü_ '0:: ~. 'CO ~CÐ ...I en Z ~ ...... ~ CJ) c:{ w I ~ 0:: o Z w I ~ u. o w Z =ï ~ CJ) W ~ w M o ~ o o Z ;,. ...... ci 0) CO NORTH LINE OF SECTION 12, T.-36-S., R.-38-E. N 89° 54' 18" W 2675.71' POINT OF COMMENCEMENT SCALE: 1" = 1 00' ~ M o ëo o ~ ~ ...... ...... C") ...... POINT OF BEGINNING o o CJ) 30.00' ë» ~ ...... CD C") S 89° 54' 51" E 361.49' ST. LUCIE COUNTY CA1R GROUNDS -----s ë» .~ ~ ~ EAST LINE OF SECTION 12 w M o ëo o FORESTRY LEASE AREA 3.00 ACRES M o ëo o o o Z w M. 00 ëoC! 00 o CD o Z o o en N 890 54' 51" W 361.49' a.J co 0') a:: vi U) 0') ... EAST RIGHT-OF-WAY PEACOCK ROAD SOUTH LINE OF THE NORTH 1/2 OF THE NORTHEAST 1/4 THIS IS NOT A SURVEY w M ...... M o o o Z .., REV I S ~S----- SIETCB AND UGAL DESCRIPTION· BOARD OF -COUNTY COMMISSIONERS ::.. :::: FOR COUNTY ATJ'ORNIYS oma pJ~~~~~~O=iJlf~1oN, - IOSA 2D. FORESTRY LIASI ARIA SURVEY SECTION r-' .- aoo .YIJIÇJNJA ~..... PORT PJmICI. I'IDIIID6 MM2 I 'I'BIÆPII01fB .ea - 1707 I_OUI.DWG C:\DrawingsISurvey\0428\dwg\0428-Adjusted,dwg. 4/28/2005 4:30:49 PM, SLCPV\ID - ENGR. DIV. - D.SA 1 '~£.6051 Moved lease. locot~:." ''':''' -==-=±=---==----.- ~ DESCRIPTION: FORESTRY LEASE AREA "wtI A PARCEL OF LAND LYING IN SECTION 12, T-36-S, R-38-E, ST. LUCIE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE EAST RIGHT OF WAY LINE OF PEACOCK ROAD AND THE NORTH LINE OF SECTION 12, T-36-S, R-38-E, THENCE S 00° 06' 03" W ALONG SAID EAST RIGHT OF WAY LINE A DISTANCE OF 890.14' FEET; THENCE S 89° 54' 51" E A DISTANCE OF 30.00' FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S 89° 54' 51" E A DISTANCE OF 361.49' FEET; THENCE S 00° 06' 03" W A DISTANCE OF 361 A9' FEET; THENCE N 89° 54' 51" W A DISTANCE OF 361.49' FEET; THENCE N 00° 06' 03" E A DISTANCE OF 361.49' FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 3.0 ACRES MORE OR LESS. TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS, SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTH 60' FEET OF THE EAST 391' FEET OF THE WEST 456' FEET OF THE NORTH % OF THE NE ~ OF SECTION 12, T-36-S, R-38-E, ST. LUCIE COUNTY, FLORIDA. BEARING BASE: THE EAST LINE OF SECTION 12, T-36-S, R-38-E IS TAKEN TO BEAR N 00° 03' 13" E AND ALL OTHER BEARINGS ARE RELATIVE THERETO. SURVEYOR'S NOTES:. 1. THIS IS NOT A BOUNDARY SURVEY. 2. THE SKETCH AND LEGAL DESCRIPTION WAS PREPARED BY THE UNDERSIGNED SURVEYOR AND MAPPER. 3. LEGAL DESCRIPTION IS BASED ON INFORMATION SHOWN ON THE BOUNDARY SURVEY PREPARED BY GCY, INC. DRAWING NUMBER 98-1057-03-01 DATED OCTOBER 1998. CERTIFICATE: I hereby certify that the sketch of legal description represented hereon, dated this~ day of ~ 2005, 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 Code, pursuant to Section 472.072 Florida Statutes. NOTE: NOT VALID WITHOUT THE SIGNATURE (, /7 AND THE ORIGINAL RAISED SEAL OF A K~ FLORIDA LICENSED SURVEYOR AND MAPPER PROFESSIONAL SURVEYOR AND MAPPER RONALD H. HARRIS STATE OF FLORIDA NO. 4198 Nu,¡!I:;;"I: SDTCB'oo) LEGAL DESCRIPTION I BOARD 051i1B1ßfJ7 ŒOOISSIONERS 1':-:" :::: 04 ~¡ V I ~ ~ JO He ~ BY ! ~!Iil?!!! FOR COUJITY ATTORNIYS ornCl I SAINT LUCIE COUNTY, FLORIDA I - D.SA. 1m....... II'~ I..,.. focotoon, I ' o~1 0 , PUBUC YORXS DEPT., ENGINEERING DmSION'1 '1 052805, chCJll9lld legal [)SA I 'OJ _'I~~ FORESTRY WSI AREA, " SURVEY SECTION I H--t. ..L - N 2:100 YIIICDfIA Aft.. POJrr PIDCI, nDRmA :KIIII2 , ~LEGAL DESCRIPTION. 1 ... ~BOIOI .'." -.1 7 D 7 . 042ð=LEOI\I.-1.1JOO 1. I . 1_ .' ''''0' __:,E C:\Drawings\Survey\0428\dwg\0428-LEGAL-1.dwg, 4/28/2005 4:29:09 PM, SLCPWD - ENGR. DIV. - D,S.A. -- - ~/ '-' '....,¡ AGENDA REQUEST ITEM NO. C2E DATE: May 24, 2005 REGULAR [ ) PUBLIC HEARING [ ) TO: BOARD OF COUNìY COMMISSIONERS CONSENT [XX) PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney. Daniel S. McIntyre County Attorney SUBJECT: Street Re-Naming Founders Square to Tradition Square Resolution No. 05-228 BACKGROUND: Please see an attached memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/ A RECOMMENDATION: Staff recommends that the Board approve Resolution No. 05-228 for the proposed street re-naming of Founders Square to Tradition Square, as shown on the attached map, direct staff to notify the appropriate Utilities, the U. S. Postal Service, the Property Appraiser, the Supervisor of Elections, the City of Port St. Lucie and the St. Lucie County Sheriff and record the Resolution in the Public Records of St. Lucie County. ~ APPROVED [ ) OTHER: . [ ) DENIED Approved 5-0 ~ COMMISSION ACTION: Dougl s nderson County Administrator Review and Approvals [XX] County Attorney: ] Public Works Director: ] County Engineer: [XX] Originating Dept.: 1iV-.1- ] Road & Bridge: ] OMB: Finance: (Check for Copy only, if applicable) Eft. 5/96 G:\ACQ\ WP\J oAnn\ROADS\Founders Square Agenda Request.wpd '-' """" INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney DATE: May 24, 2005 SUBJECT: Street Re-Naming Founders Square to Tradition Square Resolution No. 05-228 BACKGROUND: The Property Acquisition Division received a request from Core Communities (copy attached) to re-name Founders Square to Tradition Square. This roadway is within Tradition Plat No. 17 recorded in Plat Book 43, Page 22 as shown on the attached maps. The re-naming will not affect any property owners. Growth Management, the Public Safety Division and the Property Acquisition Division have reviewed and approved the name change. RECOMMENDATION: Staff recommends that the Board approve Resolution No. 05-228 for the proposed street re-naming of Founders Square to Tradition Square, as shown on the attached map, direct staff to notify the appropriate Utilities, the U. S. Postal Service, the Property Appraiser, the Supervisor of Elections, the City of Port St. Lucie and the St. Lucie County Sheriff and record the Resolution in the Public Records of St. Lucie County. Respectfully submitted, Daniel S. McIntyr County Attorney, G:\ACQ\WP\JoAnn\ROADS\Founders Squore Agenda Memo.wpd \......~.....~ ~:l;tlr¡?/ ¡,:,f,,'v 'li--Ñ~ '?f: --.-1/ ~lJI, I' " 'O~~'ii;"~'tr,,,C~~ J";;'~ ~.-' , '-' """" T~ITION.. C ()I{I~ 10521 SW Village Center Drive, Suite 201 Port St. Lucie, Florida 34987 (772) 340-3500 ~:lj!M[lM: :U[)Nililn¡ I¡;~; '00 Œ ® Œ 0 In,',:, i',: I ¡ ¡ ¡ ~ i I \ I" ¡ APR 122005 ¡~ ¡ ¡ , L j :JROPERTY ACOUISITi()~' Ms. J oAnn Riley, Acquisition Agent St. Lucie County Department of Acquisitions 2300 Virginia Avenue Fort Pierce, Florida 34952 April 11, 2005 Dear Ms. Riley: , We respectfully submit the following street name change in Tradition Plat 17 for your review and approval: Change Founder's Square to Tradition Square If you have any questions, please contact me. Thank you for your time and consideration. .. Hanan George ø~ Core Communities (772) 340-3500 hanan@corecommunities.com ST. LUCIE WEST· TRADITION Tradition Station· J 052 J SW Village Center Drive' Suite 20 J . Port St. Lucie' Florida 34987 Phone: (772) 340-3500 . Fax: (772) 340-3718 . www.corecommunities.com A wholly owned subsidiary of Levitt Corporation (NYSE:LEV) ~ ffil-~ . ~ «~!I! ¡ ~ -1 !~~g ~ I ~ ~ a.. ~~.,~~ ; : ~ ~ Z~d~~ ~ ~-- .j ~ ~II!~~~ V> et o~~~~~ - ~~Ø\t;; t: bd~ ~ O ~~lJb ~ bÑj!¡~", «i~~~~t;; C[-I~ijJ a: ,,~ci~ ¡¡¡ I- ~~~g¡ ~.,..""'"' ~ vi~ >- Z..J o.~ <! ::; ,.,0 ~:r >L ~ - - - <::::I Z c=I 1.l.J.]HiJS> 1 - ...r _:~.n'p1.!~_ ~ - \: -",", ~ I~ I ±, ~ >- ~~ ffif~~ ~ :~ t;; ~ t- ó N _ ~ ~ 1.<~-5l[~JIOI!~s)~IS~ .. ..; 1_ ~(~SJ{·.NOU')SJl):N - ~ ~I ~ Ig "'" >- I~ g II I~ ± ~ ;,- ~ I " g~ ~ ~ I D5U1 .? ~ ~ ~ ~ _--~~OOS""712 Q..... ~ b ;:i:'==~ !::t: .I~~' :¡: 11::3 I" ~,; ~ . ~ ~~ o ~ ~ 1&.1 crcr ; ¡¡;'¡¡;' 4 5~ ~ ~E w 2: 8 ~ ß o '" z ~ ~ ~ l.. ~~ ~~ ~ .,.... o z s~~ :~! J ~I- ~ J: ìi ~ ~Ii "'ill [: ~ i "I :J w ~ in . ~ II '" in <D Z " --..., ) 3AII )!lId 153M löp,u;-l ~>I ~,¡ ~:; ~~ ~'" ª~ @I ® @ 0· ~ I 8~ir> ~p~ I ~~cr¡> a:: þ..J <J rJ """" H .' :~~ ~i~ ~~~h ' . h..· ' ~.. ~~r~~ a r~ !2~ .~i.H~ ~ Õ. ~.- h§g~U .~ .~~~ ~S~ ,~~.~~.! . ~~"~! ~~~< ;~iª t~fHË~~ ~ .h'iH;~~~ï~ ~~~~ ~1~~!¡~!~2!~~ijJ§I§~~tii~~li~ili \~\\ ~ !!!!!~!!~ijij~iiiiiii~iii!ií!i \ \ .....:oo..t~..JI"._Beg§~;!;.,l(o(~:!....~t.~~..¡ \\ f .v,.s....3 \\\ '. \' , '..~.. ~ .:,,\\~\-'" - .¿ -~ .,JIi ... ... ,),Y< ç".' ~ ~iIi ... 5' \ ~"~5"'~ ...\\ ,~~ ,~~a ~~h~~ j~~~~ /', !~~!~~ , ~~~~~~ , ~~~~~t;; , ,,"':;:>- ..: "'~ \ ¡¡ d ,51 .. -., /\------ "l I I I I " i I "''''' "'''' I" I ;;1 '\ I ~I ~'"' \ ~~ I 1- gh '.~ I _ m I ~i I I ~,. II ~ ~ I : ê ~ I I : , I; ;: : : f~: I ~ '~\~ ~~~~": Ï~,I' I " "\ \ ~" õ. . I ~ I \\y g~ . >- I al ,/,f /,,"' § i 1 "'~ , ;;;' ",\::' l I :: II ~~ L.%~~--=r- I~ 1~~~~r=3 I ~ í"y;,;'~ ~. ,j',' ~ I ~ ~~."~. i'^,~ -' I ~~ ~2i~ j -'l'..f / I ~ b.'l'''''~ /' ;, ~ . f I I I I I ~ "'.a o~". '"'' ..,C<. "."""" , "")t'" .""Ol"llllo.'I\1'''~'O''J\1 r.9'.\""''''','''-,t1J.....s ìi1o.P- J' ~, :5~ "," ~; . ~~ ., \, .' - - -.-- , '- ,Ii t·.\ .~..'" . .-è JoAr:m Riley - Re: Street Namiñg - Tradition PlatNo.1i 'C'''_'..' ;',,' .... ._....,0 ','__' .. ..' ~ _. .......__..-..-.. ....,_,_ .-.c......." Page 1 '-' """'" From: To: Date: Subject: Joyce Braun JoAnn Riley 4/22/2005 8:20:33 AM Re: Street Naming - Tradition Plat No. 17 Okay with me. »> JoAnn Riley 04/21/05 6:35 PM »> Tradition Plat No. 17 was recorded in Plat Book 43, Pages 22 A-F. We have received a letter from Core Communities (developer of Tradition) requesting the street name Founder's Square be changed to Tradition Square. We will have to prepare an Agenda Request for BOCC approval since the Plat has already been recorded. Please advise your thoughts on this name change. JoAnn Riley - Re: Street t-Jaming- Tradition platJ-Jo.17 ~ Page 1 ...., From: To: Date: Subject: Carolyn Dill-Collier JoAnn Riley 4/25/2005 8:35:44 AM Re: Street Naming - Tradition Plat No. 17 I don't forsee any problem ssince it is in the Traditions and my understanding the main focal point of the "down town" area Carolyn Dill-Collier ENP 911 Coordinator S1. Lucie County Public Safety/911 101 N. Rock Rd. Fort Pierce, FL 34945 wk 772-462-1830 fax 772-461-5322 cell 772-215-2041 »> JoAnn Riley 04/21/05 6:35 PM >>> Tradition Plat No. 17 was recorded in Plat Book 43, Pages 22 A-F. We have received a letter from Core Communities (developer of Tradition) requesting the street name Founder's Square be changed to Tradition Square. We will have to prepare an Agenda Request for BOCC approval since the Plat has already been recorded. Please advise your thoughts on this name change. '-' """" This instrument prepared by: JoAnn M. Riley, under the direction of Daniel S. McIntyre, County Attorney St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 RESOLUTION NO. 05-228 DATE: May 24, 2005 A RESOLUTION CHANGING THE NAME OF FOUNDERS SQUARE TO TRADITION SQUARE ON THE PLAT OF TRADITION PLAT NO. 17 RECORDED IN PLAT BOOK 43, PAGE 22 LYING IN SECTIONS 9 AND 10. TOWNSHIP 37 SOUTH. RANGE 39 EAST, ST. LUCIE COUNTY, FLORIDA. WHEREAS, THE Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 336.05(1), Florida Statutes, authorizes the Board of County Commissioners to name and rename streets and roads lying outside the boundaries of any incorporated municipality. 2. Pursuant to Ordinance No. 87-8, Part A, St. Lucie County Code Section 1-'17-54, there shall be no duplication of street names in St. Lucie County. 3. Pursuant to St. Lucie County Land Development Code Section 7.05.08(C)(2), streets, regardless of functional classification, which run parallel to the north-south base line (Orange Avenue) shall be called avenue, drive or some other designation beginning with a letter in the first half (A through M) of the alphabet. Street, regardless of classification, which run parallel to the east-west base line (U. S. Highway 1) shall be called terrace, place, or some other designation beginning with a letter in the second half (N through Z) of the alphabet. '-' ...."" 4. The Property Acquisition Division received a request from Core Communities to re-name Founders Square to Tradition Square. The street name has been reviewed, verified and approved by Growth Management, the Public Safety Division and the Property Acquisition Division. 5. Founders Square as shown on the Plat of Tradition Plat No. 17 recorded in Plat Book 43, Page 22 shall be renamed Tradition Square as shown on the attached Exhibit "AI/, located in Sections 9 and 10, Township 37 South, Range 39 East, St. Lucie County, Florida. NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Founders Square as shown on the Plat of Tradition Plat No. 17 recorded in Plat Book 43, Page 22 shall be renamed Tradition Square as shown on the attached Exhibit "AI/, located in Sections 9 and 10, Township 37 South, Range 39 East, St. Lucie County, Florida. B. The Property Acquisition Division is hereby directed to notify the appropriate Utilities, the U. S. Postal Service, the Property Appraiser, the Supervisor of Elections, the City of Port St. Lucie and the St. Lucie County Sheriff. After motion and second, the vote on this resolution was as follows: Chairman Frannie Hutchinson XXX Vice-Chairman Doug Coward XXX Commissioner Paula Lewis XXX Commissioner Joseph E. Smith XXX Commissioner Chris Craft XXX 2 '-' """" PASSED AND DULY ADOPTED this 24th day of May, 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: BY: COUNTY ATTORNEY G: \ACQ \ WP\J oAnn \ROADS \Founders Square Resolution.wpd 3 '-' ....." EXHIBIT ¡" .. :¡; D 3 A STEPHANIE WAY 'P,i\RGEL ¡ PAf:CEL F~·-{ ------------ ~ - - - - - - - - a n I i D P"·~!"'Eg {;, i '¡;"H ~'-' "g_ '~i D D D n B B D I .1 I ! a I B B B ø ø ø o Q o D D B o D D D i i ~// '-' AGENDA REOUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney - ITE'-'NO. C - 2.F Date: May 24, 2005 Regular [ ] Public Hearing [ ] Consent [X] PRESENTED BY: Heather Young Assistant County Attorney SUBJECT: Oceanique Development Company, Inc. - Acceptance of Conservation Easement BACKGROUND: See C.A. No. 05-836 FUNDS A V AIL. (State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners accept the conservation easement from Oceanique Development Company, Inc., and authorize the Chairman to sign the document. COMMISSION ACTION: [X] APPROVED [] DENIED [ ] OTHER: Approved 5-0 County Attorney: y Coo rdina tion/Sil!na tu res Mgt. & Budget: Originating Dept: Other: Finance (Check for Copy only, if applicable): County Administrator Purchasing: Other: t <f 'w' ....J INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 05-836 DATE: May 17, 2005 SUBJECT: Oceanique Development Company, Inc. - Acceptance of Conservation Easement BACKGROUND: On May 11, 2004, the Board of County Commissioners adopted Resolution No. 04-017 granting major site plan approval for the proposed Oceanique development on North Hutchinson Island. One of the conditions included in the approval was a requirement for the developer to convey a conservation easement to St. Lucie County and the St. Lucie County Mosquito Control District which would permit District access to the property for mosquito control management purposes while assuring that the property remains in a predominantly native vegetation and hydrologic condition. The area subject to the easement contains a total of approximately 17.33 acres. A copy of the proposed easement is attached to this memorandum. RECOMMENDA TION/CONCLUSION: Staff recommends that the Board of County Commissioners accept the conservation easement from Oceanique Development Company, Inc., and authorize the Chairman to sign the document. Respectfully submitted, ~hr- Heather Young Assistant County Attorney Attachment HY/ Copies to: County Administrator Assistant County Administrator Outlaw Mosquito Control Director Planning Manager ~ ~ 'wII CONSERV ATION EASEMENT THIS CONSERVATION EASEMENT ("Easement") is made this 5Jn day of (Jld"j , 2005, by and between OCEANIQUE DEVELOPMENT COMPANY, INC., a Florida rporatlon, whose mailing address is 925 North Courtney Parkway, Merritt Island, FL 32953 (the "Grantor"), and ST. LUCIE COUNTY, FLORIDA, a political subdivision of the State of Florida, and ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT, a dependant taxing district of the State of Florida, with their principal offices at 2300 Virginia Avenue, Fort Pierce, Florida, (the "Grantees"). WIT N E SSE T H: WHEREAS, Grantor is the owner in fee simple of certain real property in St. Lucie County, Florida, more particularly described in Exhibit "A", attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, pursuant to Resolution 04-017 approved by the St. Lucie County Board of County Commissioners (County Commission) on May 11, 2004, the Property received Major Site Plan approval for developme'nt which approval is conditioned upon the grant of a conservation easement, over the Property described in Conservation Easement "A" which contains approximately 7.61 acres and Conservation Easement "B" which contains approximately 9.72 acres that is in a predominately native vegetative and hydrologic condition (the "Easement Area") as identified in Composite Exhibit "B" attached hereto and incorporated herein; and WHEREAS, the Grantor has also identified property for an Ingress/Egress Easement which contains 0.07 acres to provide access to the Easement Area for the Grantees; and WHEREAS, subject to the terms and conditions hereof, Grantor intends by this instrument to convey to Grantee the right to preserve and maintain the Easement Area, reserving unto Grantor all other rights not inconsistent with this grant. NOW, THEREFORE, subject to, and in consideration of, the above and the mutual covenants, terms, conditions and restrictions contained herein, and pursuant to and in accordance with the provisions of Section 704.06, Grantor hereby grants and conveys to Grantees an easement giving the Grantees the right to preserve and protect the Easement Area during the term hereof (the "Easement"). 1. PURPOSE. It is the purpose of this Easement to assure that the Easement Area will remain a predominately native vegetative, hydrologic, scenic, open or wooded condition ("Permitted Condition"). g; \atty \agreem nt \ oceanique.co n,easem t .wpd Page 1 of 9 .¡ '-' ~ 2. RIGHTS OF Grantees. To accomplish the purpose of this Easement, the following rights are conveyed to Grantees: (a) The right of Grantees to preserve and protect the Easement Area; and (b) The right to enter upon the Property, with any necessary equipment and vehicles, at reasonable times in order to monitor compliance with and otherwise enforce the terms of this Easement; provided that, except in cases where immediate entry is required to prevent, terminate or mitigate a violation of this Easement, such entry shall be upon prior reasonable notice to Grantor, and Grantees shall not in any case unreasonably interfere with Grantor's use and quiet enjoyment of the Property; and (c) The right to enjoin any activity on or use of the Property that is inconsistent with this Easement and to enforce the restoration of such areas or features of the Easement Area that may be damaged by any inconsistent activity or use. (d) The right to enter upon the upon the Property, with any necessary equipment and vehicles, at reasonable times in order to conduct mosquito and sandfly control measures. 3. PROHIBITED USES. Except to the extent reserved to Grantor herein, or presently existing, the following activities are prohibited in or on the Easement Area: (a) Construction or placing of buildings, roads, sign, billboards or other advertising, utilities, or other structures on or above the ground. (b) Dumping or placing of soil or other substance or material as landfill or dumping or placing of trash, waste, or unsightly or offensive materials; (c) Removal or intentional destruction of trees, shrubs, or other natural vegetation (except for the removal of exotic or nuisance plants or vegetation) provided that this prohibition shall not be construed as restricting Grantor from devising a management plan or procedure acceptable to Grantees for the destruction or removal of trees or other vegetation to control or prevent hazard, disease, or fire. (d) Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such manner as to affect the surface. (e) Surface use except for purposes that permit the land or water area to remain predominately in its natural condition. g: \atty \agreem nt \oceanique.con.easem t. wpd Page 2 of 9 ., '-" ...., (f) Activities detrimental to flood control, water management, conservation, water storage, erosion control, soil conservation, fish and wildlife habitat preservation, and allied purposes, or any use or activity that causes, or is likely to cause significant soil degradation or erosion or significant depletion or pollution of any surface or subsurface waters. (g) Acts or uses detrimental to such retention of land or water areas. 4. RESERVED RIGHTS. Subject to receiving all permits, Grantor reserves to itself in perpetuity, its personal representatives, heirs, successors and assigns in perpetuity, all rights accruing from its underlying fee simply title and ownership of the Property, including the right to engage in, or permit or invite others to engage in, all uses of the Property that are not expressly prohibited herein and are not inconsistent with the purpose of this Easement. Without limiting the generality of the foregoing, and subject to the terms of paragraph 3, the following rights are expressly reserved: (a) To erect and maintain fences and boundary markers for the purpose of controlling unauthorized use or access, or to comply with applicable laws, rules and regulations code requirements, and establishing boundaries; providedthat such fences and markers shall not materially interfere with the purposes of this Easement. (b) To sell, rent and mortgage the Property subject to this Easement. (c) To maintain the functioning of the surface water management system that flows through the Easement Area. (d) To con.struct/install the following improvements within the Easement Area: (1) pedestrian walkways, jogging paths or bike paths; (2) - picnic areas; (3) lighting fixtures appurtenant to the improvements constructed pursuant to subparagraph (a) and (b) above; (4) underground utilities appurtenant to the uses allowed in subparagraphs (a) through~(c) above, provided that any such utilities shall be microsited with the assistance of County Staff to minimize impacts on trees. provided, however, that the Grantor, in exercising. its rights set out in (1) through (4) above, shall not cut any trees over three inches (3") dbh; and further provided that the Grantor subsequent to any construction or installation shall restore the Easement Area to its preexisting condition to the maximum extent possible. g: \atty \agréem nt \oceanique,co n,easem t. wpd Page 3 of 9 '-' '...I purposes. Grantor further reserves the right to use the Easement Area for natural drainage 5. AMENDMENT OF EASEMENT AREA. Subject to the approval of the Board of County Commissioners, in its discretion, the Grantor may substitute or modify the Easement Area described in Composite Exhibits "B" so long as the Easement Area is not less than 17.33 acres. In the event the Board approves any such substitution or modification of the Easement Area that results in the inclusion of property in the Easement Area which has previously been developed, the Grantor, as a condition of such substitution, shall restore the substitution area , to a Permitted Condition. Prior to Board approval of any such substitution or modification of the Easement Area, the Grantor shall deliver to the County a revised general conservation easement in recordable form satisfactory to the County Attorney. 6. NOTICE AND APPROVAL. Whenever" Grantees' approval is requi red for any action to be undertaken by Grantor in this Easement, Grantor shall notify Grantees in writing of its request. The notice shall describe the nature, scope, design, location, timetable, and any other material aspect of the proposed activity in sufficient detail to permit Grantees to make an informed judgment as to its consistency with the purpose of this Easement. Where Grantees' approval is required, Grantees shall approve or deny its approval in writing within sixty (60) days of receipt Denial must be based upon a reasonable determination by Grantees that the action as proposed would be inconsistent with the purpose of this Easement. Failure by the Grantees to take action within the sixty (60) day period shall be deemed as approval by the Grantees. In the event Grantees' approval is denied, and Grantor in its discretion deems Grantees' actions to be unreasonable, Grantor reserves the right to submit the issue or controversy to a court of competent jurisdiction whose decision shall be binding on the parties. 7. ACTS BEYOND GRANTOR'S CONTROL. Nothing contained in this Easement shall be construed to entitle Grantees to bring any action against Grantor for any injury to or change in the Easement Area resulting from causes beyond Grantor's control, including, without limitation, fire, flood, storm and earth movement, or from any prudent action taken by Grantor under emergency conditions to prevent, abate or mitigate significant injury to the Easement Area resulting from such causes. 8. PUBLIC ACCESS. No right of access by the general public to any portion of the Property is conveyed by this Easement. 9. EXISTING EASEMENTS. The Easement conveyed herein is subject to existing easements affecting the Property prior to site plan approval for public roads and highways, public utilities, railroads and pipelines. g: \atty\agreem nt\oceanique,con,easemt ,wpd Page 4 of 9 '-' "wi 10. GRANTEES' NON-LIABILITY. Neither the ownership or attempted enforcement of Grantees' rights held under this Easement shall subjeçt Grantees to any liability for any damage or injury that may be suffered by any person on the Property or as a result of the condition of the Easement Area, including liability for the disposal of solid wastes or pollutants. 11. FORBEARANCE. Enforcement of the terms and restrictions of this Easement shall be at the reasonable discretion of Grantees and any forbearance on behalf of Grantees to exercise its rights hereunder in the event of any breach hereof by Grantor shall not be deemed or construed to be a waiver of Grantees' rights hereunder. 12. SEVERABILITY. If any provision of the Easement or the application hereof to any person or circumstances is found to be invalid, the remainder of the provisions shall not be affected thereby as along as the purpose of thís Easement is preserved. 13. NOTICES. All notices, consents, approvals or other communications hereunder shall be deemed properly delivered only (1) on the date delivered, if by personal delivery; (ii) if mailed by certified mail/return receipt requested, then the date the return receipt is signed or delivery is refused or the mail is designated by the postal authorities as not deliverable, as the case may be; or (iii) one (1) day after mailing by any form of overnight mail service. 14. TAXES AND ASSESSMENTS. For so long as Grantor shall retain fee simple title to the Easement Area, Grantor shall keepcurrent on the payment of taxes and assessments on the Easement Areas and not allow a lien on the Property superior to this Easement. In the event Grantor fails to extinguish or subordinate any such lien, Grantees may elect to payoff the lien on behalf of Grantor and Grantor shall reimburse Grantees for the amount of the payoff, together with reasonable attorney's fees and costs, and with the interest at maximum allowable rates, not later than thirty (30) days after delivery of notice of such payment. The debt owed to Grantees constitutes a lien against the Easement Area which automatically relates back to the date of the recording of this Easement, and Grantees may foreclose on the Easement Area in the manner of mortgages on real property in the event Grantor does not so reimburse Grantees. 15. SUBSEQUENT TRANSFERS. The terms and conditions~ of this Easement shall be inserted by Grantor in any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the Property. Grantor shall notify any future holder of Granteès' interest in the Easement area. 16. COMPLIANCE MONITORING. Grantor shall assists Grantees in the monitoring and enforcement of the terms and conditions of this Easement. Grantees shall provide Grantor in writing its assigned monitoring employees or agents. It is the intent of Grantor and Grantees g: \atty \agreemnt \oceanique.con.easem t .wpd Page 5 of 9 ~ ...., that all monitoring employees and agents shall be properly identified In order to prevent unauthorized entry on or access to the Property. 17. AMENDMENT. If circumstances arise under which an amendment to or modification of this Easement would be appropriate, Grantor and Grantees are free to jointly amend this Easement; provided that no amendment shall be allowed that will affect the qualifications of this Easement or the status of Grantees under any applicable laws, including Section 170(h) of the Internal Revenue Code of 1954, as amended and any amendment shall be consistent with the purpose of this Easement, and shall not affects its perpetual duration. Any such amendment shall be recorded in the official records of St. Lucie County, Florida. 18. TERMINATION. This Easement shall be terminated and Grantor shall be authorized to record such termination in the public records of St. Lucie County in the following ci rcumstances: (a) Upon mutual agreement of the Grantor and Grantees; or (b) Upon expiration of the site plan approved in Resolution No. 04-017, if Grantees do not obtain building permits or revocation of the site plan pursuant to the Grantees' Land Development Code; or, (c) Upon County Commission approval of a new ·site plan for the total redevelopment of the property that is not in substantial conformance with the above referenced Site Plan. The existence of this Easement shall not be a reason for County Commission denial of a new site plan submitted pursuant to this subparagraph (c); or, (d) If natural causes beyond the control of the Grantor, such as windstorm, flood or fire so alter the Easement Area that Grantor and Grantees mutually agree that the Easement Area is unable to recover to their pre-disturbance condition. 19. BINDING EFFECT. All terms and restrictions herein contained run with the land and shall inure to the benefit of and be binding upon the parties hereto and their respective executors, administrators, personal representatives, heirs, successors, and assigns. TO HAVE AND TO HOLD the same together with all and singular appurtenances thereunto belonging or in anywise incident or appertaining to the proper us~, benefit and behalf of the Grantees, their successors or assigns forever. AND THE GRANTOR hereby covenants with the said Grantees that they are lawfully seized of the Property in fee simple; that it has good right and lawful authority to convey this g; \atty \agreem rit \ocea nique.co n.easem t. wpd Page 6 of 9 '-' "wtt/ WITNESs v(j1.e/rOIo }( ~ hrenDA L. ~<; OCEANIQUE DEV~OPMENT~ By' ~øw-fr- eA· Name.~~ r-.>-CA!- It PT:)(R'; Title: i~~OOf"l STATE OF FLORIDA ) COUNìY OF 6reùAt?¡::» The foregoing instrument was acknowledged before me thið'fr\ day of 1'rv1.~ ' 2005, by ~(/·c.t..-V~¡ ,~ho is personally known to m~ or 0 has produced as identification. NOTARY PUBLIC Sign: '-b1ß/fVO )if 4x()~ Print: My Commission Expires: (SEAL) .(~ ,\\\1111111.1 8~,.. Ir-. ~ ",,~~{',;\d<!.IA L. ADAMS ' .¡ {'/."-Ãyf\. Notary PUblic· State of Florida ; · ""':~ "':; My COrTIm. Expires Jun 22 2005 ~"'".\ I.IIUr..t:z::'{'.:- . . I ",.,,..~ o'l-~~ CommIssIon # 00305157 '" OFF\.,' B d d Ð "'""", on e y National Notary Assn. ATTEST: BOARD OF COUNìY COMMISSIONERS ST. LUCIE COUNìY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney g; \at ty \agreem nt \oceanique.co n,easem t. wpd Page 7 of 9 ATTEST: '-' Deputy Clerk g: \atty\agreemnt \oceanique.con.easemt ,wpd ....., ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Page 8 of 9 \wi EXHIBIT "A" COMPOSITE EXHIBIT "B" g: \atty \agreemnt \oceanique.con.easemt. wpd ...., EXHIBIT LIST Legal Description of the Property - Consisting of One Page "Sketch of Legal Description of Conservation Easements Performed for Tricon Real Estate, Inc." - Consisting of Eight Pages Page 9 of 9 '-' ""'" LEGAL OESCRIPllQN: ALL THAT PART OF THE NORTH 100 FEET OF THE SOUTH 1600 FEET OF GOVERNMENT LOT 1 IN THE NORTH 1/2" OF SECTION 2.3, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA. LYING EAST OF THE EASTERLY RIGHT-OF-WAY LINE OF ROUTE A-1-A, AS ~EASURED A T RIGHT ANGLES TO THE SOUTH LINE OF SAID GOVERNMENT LOT 1 AS SHOWN ON PLA T OF SURVEY OF SAID SECTION 23 RECORDED IN PLAT BOOK 8, PAGE 21 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA: CONTAINING 1.29 ACRES, fJORE OR LESS TOGETHER WITH ALL THAT PART OF THE NORTH 100 FEET OF THE SOUTH 1200 FEET OF GOVERNMENT LOT 1 IN THE NORTH 1/2" OF SECTION 2.3, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY. FLORIDA. LYING EAST OF THE EASTERLY RIGHT-OF-WAY LINE OF ROUTE A-l-A, AS MEASURED A T RIGHT ANGLES TO THE SOUTH LINE OF SAID GOVERN~ENT LOT 1 AS SHOWN ON PLAT OF SURVEY OF SAID SECTION 2.3 RECORDED IN PLAT BOOK 8, PAGE 21 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA: AND CONTAINING 1..35 ACRES, fJORE OR LESS TOGETHER WITH ALL THAT PART OF THE NORTH 100 FEET or THE SOUTH 1100 FEET OF GOVERNMENT LOT 1. IN THE NORTH 1/2" OF SECllON 2.3, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA. LYING EAST OF THE EASTERLY RIGHT-OF-WAY LINE OF ROUTE A-1-A, AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF SAID GOVERNMENT LOT 1 AS SHOWN ON PLAT OF SURVEY OF SAID SECTION 2.3 RECORDED IN PLAT BOOK 8, PAGE 21 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA: CONTAINING 1..37 ACRES, ¡'¡ORE OR LESS TOGETHER WITH ALL THAT PART OF THE NORTH 100 FEET OF THE SOUTH 1000 FEET OF GOVERNMENT LOT 1 IN THE NORTH 1/2" OF SECTlON 23. TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCIE COUNT'f'. FLORIDA, LYING EAST OF THE EASTERLY RIGHT-OF-WAY LINE OF ROUTE A-l-A, AS MEASURED A T RIGHT ANGLES TO THE SOUTH LINE OF SAID GOVERNMENT LOT 1 AS SHOWN ON PLAT OF SURVEY OF SAID SECTION 23 RECORDED IN PLAT BOOK' 8, PAGE 21 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FlORIDA: AND CON T AINING 1. 38 ACRES, >.AORE OR LESS TOGETHER WITH ALL THAT PART OF THE NORTH 100 FEET OF THE SOUTH 1200 FEET OF GOVERNMENT LOT 1, IN THE NORTH 1/2" OF SECllON 2.3, TOWNSHIP .34 SOUTH, RANGE 4-0 EAST, ST. LUCIE COUNTY, FLORIDA. LYING WEST OF THE WESTERLY RIGHT-Of-WAY LINE OF ROUTE A-1-A, AS MEASURED A T RIGHT ANGLES TO THE SOUTH LINE OF SAID GOVERN>.AENT LOT 1 AS SHOWN ON PLAT OF SURVEY OF SAID SECTION 2.3 RECORDED IN PLAT BOOK B, PAGE 21 OF THE PUBLIC RECOROS OF ST. LUCIE COUNTY FLORIDA: AND CON T AINING 5.1.3 ACRtS, MORE OR LESS TOGETHER WITH THE NORTH 200 FEET OF THE SOUTH 1400 FEET OF GOVERNMENT LOT 1, IN THE NORTH 1/2 OF SECTION 23, TOWNSHIP .34 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF SAID GOVERNMENT LOT 1, AS SHOWN ON THE PLAT or SURVEY OF SAID SECTION 2.3, RECORDED IN PLA TBOOK B, PAGE 21 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. LESS THE RIGHT-OF-WAY FOR STATE ROAD A-1-A. CON T AINS 12.67 ACRES, MORE OR LESS .' " ,¡ " TOGETHER WITH THE NORTH 100 FEET OF THE SOUTH 1500 FEET OF GOVERN~ENT LOT 1, IN THE NORTH 1/2 OF SECTION 2.3, TOWNSHIP .34 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF SAID GOVERNMENT LOT 1, AS SHOWN ON THE PLAT OF SURVEY OF SAID SECTION 2.3, RECORDED IN PLATBOOK 8, PAGE 21 OF THE PUBLIC RECORDS or ST. LUCIE COUNTY, FLORIDA. LESS THE RIGHT-OF-WAY FOR STATE ROAD A-l-A. LESS AND EXCEPT THE FOLLOWING A PARCEL OF LAND L Y1NG IN SECTION 23, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCIE COUN N, FLORIDA, BEING MORE PARTICULARL Y DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT ON THE YÆSTERLY RIGHT-OF-WAY LINE OF SR A-l-A (A 100 FOOT RIGHT-OF-WAY) SAiD POINT BEING 1500 FEET NORTH BY RIGHT ANGLE MEASURE>.AENT OF THE SOUTH LINE OF GOVERNfJENT LOT 1, OF SAID SECllON 2.3 AND RUN S89'35'.30"W PARALLEL WITH THE SOUTH LINE OF GOVERNMENT LOT 1, A DISTANCE OF 242.68 FEET TO THE POINT OF BEGINNING; THENCE 500"24'30"E A DISTANCE OF 12.26 FEET; THENCE SB9'35'.30"W A DISTANCE OF 50.15 FEET; THENCE NOO'24'30"W A DISTANCE Or 12.26 FEET; THENCE N89'35'30"E A DISTANCE OF 50.15 FEET TO THE POINT OF BEGINNING. EXHIBIT "A" ALL OF THE ABOVE: CONTAINING 29.35 ACRES ¡,¡ORE OR boE;S;8 \.,f .,¡ Sketch of Legal Description of Conservation Easements Performed for Tricon Real Estate, Inc. Located žn Section 23, Township 34 Sorith Range 40 East, St. Lucže County, Florida Sheet Tof8 Not Valid Without All Sheets !WJI.S; 1) THE BEARING BASIS IS THE WEST RIGHT-OF-WAY LINE OF STATE ROAD ,0.-1-,0. BE1WEEN A FOUND IRON ROD AND CAP STAMPED LB +64'> AND A FOUND >2" IRON PIPE AS DEPICTED ON THIS SURVEY. THE BEARING BEING S18·28'57"E. 2) THIS SKETCH EXISTS SOlELY FOR THE PURPOSE OF ILLUSTRATING THE LEGAL DESCIPTION TO 'M-IICH IT IS A TIACHED. 3) ALL DIt.lENSlONS ARE CALCULATED UNLESSS OTHERWISE NOTED. +) THIS SKETCH t.lEETS THE t.lINIMU~~ TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 61G17-6, FLORIDA ADt.lINISTATIVE CODE, PURSUANT TO SECTION + 72.027, FLORIDA STATUTES. N '+E lI.W1.Q; NO. R L N S E W NUMBER RADIUS LENGTH NORTH SOUTH EAST WEST 8 PSM MHW -"",.~.. !IOI7")·')U"f SIII·»)O'" l1.n :MI,I! N f- W W I (f) W W (f) W z :J I U f- « :::E GRAPHIC S89'35'30"W 198.38 """'" '/2'''''' reef .,...d CÐp '" 4.... POINT OF COt.lMENCEt.lENT CDNSERVA TION EASEMENTS A &. B 200 r 0400 I +81005,DWG DISK ¡ICD61 ( IN F'EET ) 1 Inch = 100 IL SKETCH OF LEGAL DESCRIPTION "This Is NOT a Boundary Survey" PREPARED BY: CJG MASTELLEf{, MOLER & REED 2205 14th AVENuE VERO BEACH. FLORIDA 32960 (772) 564-8050 LAND SURVEYING BUSINESS +644 COMPOSITE~EXHIBIT 5 \' \ \ '-' ~ Sketch of Legal Description of Conservation Easements Performed for Tricon Real Estate, Inc. .. Located in Section 23, Township 34 South Range 40 East, St. Lucie County, Florida Sheet 2 of 8 Not Valid Without All Sheets t:!QJI.S; 1) THE BEARING BASIS IS THE WEST RIGHT -OF -WA Y LINE OF STATE ROAD A-1-A BETWEEN A FOUND IRON ROO AND CAP STAMPED LB 4644 AND A FOUND ì2' IRON PIPE AS DEPICTED ON THIS SURVEY. THE BEARING BEING S18·28'57"E. 2) THIS SKETCH EXISTS SOLELY fOR THE PURPOSE OF ILLUSTRATING THE LEGAL DESCIPTION TO WHICH IT IS ATTACHED. 3) ALL DIMENSIONS ARE CALCULATED UNLESSS OTHERWISE NOTED. 4) THIS SKETCH MEETS THE MINIMUM TECHNICAL STANDARDS AS SET fORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 61G17-6, FLORIDA ADloAlNISTAnVE CODE, PURSUANT TO SEcnON 472.027, FLORIDA STATUTES. WZlliQ; NO. R L N S E W ~ PSM MHW CHANGE OF DIRECTION. NO CORNER SET PROFESSIONAL SURVEYOR AND t.AAPPER MEAN HIGH WATER NUMBER RADIUS LENGTH NORTH SOUTH EAST vÆST 'ERVA TION ME NT "8" 2'00' ci THE' SOUTH RTH 1/2 23-.H-40 ERNMENT LOT 1 f- W W :r: (/) w w (/) w z :J :r: u f- < ::E S89'3S'30"W 1238.11 POINT OF BEGINNING CONSERVA TlON EASEMENT 'B" N -t 100 0 If' E ~ _ I - .~ GRAPHIC SCALE :\0 I '00 I 200 I 400 : s ( IN fEET ) 1 inch = 100 fL - SKETCH OF LEGAL DESCRIPTION "This Is NOT 0 Boundory Survey" PREPARED BY: CJG MASTELLER. MOLER & REED 2205 , 4th AVENUE VERO BEACH, FLORIDA 32960 (772) 564-8050 LAND SURVEYING BUSINESS 4644 NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LlCEN SURVEYOR AN~APPER. ~~J/if- '-' ""'" Sketch of Legal Description o-f Conservation Easements Performed for Tricon Real Estate, Inc. Located in Section 23, Township 34 South Range 40 East, St Lucie County, Florida Sheet 3 of 8 Not Valid Without All Sheets LINE TABLE LIM: BEARING LE NGTH LI 5SS'S8'26"E 24.26 L2 539'47'01 "E S7.03 L3 547'03'46"E 43.02 L4 S33"42'36"W 47.96 L5 544'18'03"E 37.89 L6 523'04'38"E 45.66 L7 N65'46'09"W 3S.17 L8 N88'40'56"W 30.91 L9 584'09'2S"w 34.8S LJO N62',34'33'w 33.26 UI 549'38'46'W 60.19 U2 528'48'19"E 31.68 U3 544 '22' 43"E 36.91 LJ4 SOS'06'22"E 48.13 Ll5 N69'04'37", 41.33 LI6 N69'33'24 "E 34.5S LI7 N4S'04'41"E 17.13 U8 NS9'58'10"E 18.09 U9 N6,9'39'21 "E 15.38 L20 N47"46'12"E 22.S5 L21 N62'11 '56"E 15.32 L22 572'44'58'E 15.05 L23 S52'58'5S"W 8,44 L24 ssr07'1S"W 31.26 L25 560'11'42"w 13.80 L26 S52'57'1 1"W 30.S3 L27 567'07' O"w 33.35 L28 557'5S'24"W 22.1S L29 553'19'28"W 26..34 L30 548'29'03'w 88,35 L31 S18'28'57"E 16.27 L32 N89'3S'30"E 105.21 L33 N01'01'33"E SO.41 L34 N34'OS'39"E 17.46 L35 N3S'42'06"E 33.97 L36 N44'50'08"E 29.31 L37 N61'56'37"E 42.06 L38 N70'OS'32"E 30.63 L39 566'S1'41"E 33.32 L40 S1 6 '4 7' 40"E 38.18 L41 SSO'SS'37"E 31.0S L42 537'38'SS"E 26..69 L43 S72'14'27"E 27.21 L44 S8S'07'S4 "E 30.13 L45 S12'34 '58"E 41.33 L46 N39"9'16"W 14,S5 L47 N14'06'19'W 14..69 L48 N59'44'09"E 8.44 L49 53S'28'57"E 16.15 L50 S13'06'14"W 17.05 SKETCH OF LEGAL DESCRIPTION "This is NOT a Boundary Survey" PREPARED BY: CJG MASTELLER, MOLER & REED 220S 14th AVENUE VERO BEACH. FLORIDA 32960 (772) 564-8050 LAND SURVEYING BUSINES5 14644 NOT VALID WITHOUT THE SiGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSE URVEYOR AND MAPPER. '-' ..." Sketch of Legal Description of Conservation Easements Performed for Tricon Real Estate, Inc. ':" Located in Section 23, Township 34 South Range 40 East, St Lucie County, Florida Sheet 4 of 8 Not Valid Without All Sheets l£.GAL...D~SCRIPTION CONSERVA TlON EASE~ENT "A" A PARCEL OF LAND lYING IN THE NORTH !S OF SECTION 23, TOWNSHIP 34 SOUTH, RANG[ 40 EAST, ST. LUCIE COUNTY. FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOllOWS: CO~,IENCING AT THE INTERSECTION OF 'THE WEST RIGHT-OF-WAY LINE OF STATE ROAD A-1-A AND THE SOUTH LINE OF THE NORTH 100 FEET OF THE SOUTH 1200 FEET OF THE NORTH JS OF SAID SECTION 23, THENCE S89'35'30'w ALONG THE SOUTH LINE OF SAID NORTH 100 FEET OF THE SOUTH 1200 FEET, A DISTANCE OF 198.38 FEET TO THE POINT OF BEGINNING; THENCE éONTINUE S89'35'30"w ALONG SAID LINE, A DISTANCE OF 736.61 FEET TO 'THE EAST MEAN HIGH WATER LINE OF AN EXISTING CHANNEL; THENCE ALONG SAID ,lEAN HIGH WATER LINE N37"42'06"W, A DISTANCE OF 19.97 FEET; THENCE N3617'23"W. A OISTANCE OF 125.34 FEET; THENCE N38'46'08"W, A DISTANCE OF 150,60 FEET; THENCE N39'43'48·W. A DISTANCE OF 49.75 FEET; THENCE N44'02'50"W, A DISTANCE OF 86.63 FEET; THENCE N71'32'59"W. A DISTANCE OF 72.01 FEET; THENCE NS6'03'S6'W, A DISTANCE OF 70.91 FEET TO THE NORTH LINE OF THE NORTH 100 FEET OF THE SOUTH 1 SDO FEET OF SAID NORTH !S OF SECTION 23, TOWNSHIP 34 SOUTH, RANGE 40 EAST; THENCE N89'35'30'E ALONG SAID NORTH LINE OF THE NORTH 100 FEET OF THE SOUTH 1S00 FEET, A DISTANCE OF 832.1S FEET; THENCE S12'3<\'S8·E. A DISTANCE OF 41,33 FEET; THENCE S85'07'54"E, A DISTANCE OF 30.13 FEET; THENCE S72'4'27'E, A DISTANCE OF 27.21 FEET; THENCE S37'38'S5'E, A DISTANCE OF 26.69 FEET; THENCE SSO'55'37'E, A DISTANCE OF 31.0S FEET; THENCE S16'47'40"E, A DISTANCE OF 38.18 FEET; THENCE S66'S1'41'E, A DISTANCE OF 33.32 FEET; THENCE N70~S'32"E, A DISTANCE OF 30.63 FEET; THENCE N61'S6'37'E, A DISTANCE OF 42.06 FEET; THENCE N44'SO'08'E, A DISTANCE OF 29.31 FEET; THENCE N35"42'06·E. A DISTANCE OF 33.97 FEET; THENCE N34'OS'39"E, A DISTANCE OF 17.46 FEET; THENCE N01'01'33'E, A DISTANCE OF SO.<\1 FEET BACK TO THE NORTH LINE SAID NORTH 100 FEET OF THE SOUTH IS00 FEET; THENCE N89'35'30'E ALONG SAID NORTH LINE OF THE NORTH 100 FEET OF THE SOUTH 1500 FEET, A DISTANCE ÖF 10S.21 FEET THE WEST RIGHT-OF-WAY LINE OF STATE ROAD A-I-A; THENCE S18'28'S7'E ALONG SAID ,WEST RIGHT-OF-WAY LINE, A DISTANCE OF 16.27 FEET; THENCE S<\8'29'03"W, A DISTANCE OF 88.3S FEET; THENCE SS3'9'28"W, A DISTANCE OF 26.3<\ FEET; THENCE SS7'S5'24"W, A DISTANCE OF 22.15 FEET; THENCE S67"07'47'W, A DISTANCE OF 33.35 FEET; THENCE S52'57'11"W, A DISTANCE OF 30.5.3 FEET; THENCE S60'11'42"W, A DISTANCE OF 13.80 FEET; THENCE S57"07'15"W,A DISTANCE OF 31.26 FEET; THENCE S52'58'S5'W, A DISTANCE OF 8.4-4 FEET; THENCE S72'44'58'E, A DISTANCE OF 1S.05 FEET; THENCE N62'1 1 '56"E, A DISTANCE OF 15.32 FEET; THENCE N47"46'12"E. A DISTANCE OF 22.S5 FEET; THENCE N69'39'21'E, A DISTANCE OF 1S,38 FEET; THENCE N59"58'10"E, A DISTANCE OF 18.09 FEET; THENCE N45'04'41"E, A DISTANCE OF 17.1.3 FEET; THENCE N69'.33'24·E, A DISTANCE OF 34.5S FEET; THENCE N69'04'37"(, A DISTANCE OF 41.33 FEET; THENCE S05'06'22"E, A DISTANCE OF 48.1.3 FEET; THENCE S<\4'22'<\3"E. A DISTANCE OF 36.91 FEET; THENCE S28'<\8'19'E, A DISTANCE OF 31.58 FEET; THENCE S49'38'46"W, A DISTANCE OF 60.19 FEET; THENCE N62'34'33'W, A DISTANCE OF 33.26 FEET; THENCE S84'09'2S'W, A DISTANCE OF 34,85 FEET; THENCE N88'<\O'56'W, A DISTANCE OF 30.91 FEET; THENCE N6S'46'09"W, A DISTANCE OF 3S.17 FEET; THENCE S23'04'38"E, A DISTANCE OF 4S.66 FEET; THENCE S44'8'03"E, A DISTANCE OF 37.89 FEET; THENCE 533'42'36'W, A DISTANCE OF 47,96 ÆET; THENCE S<\7'03'46'E, A DISTANCE OF 43.02 FEET; THENCE S39'47'01'E, A DISTANCE OF 57.03 FEET; THENCE SS5'S8'26"E, A DISTANCE OF 24.26 FEET BACK TO THE POINT OF BEGINNING. CONTAINING 331.329.24 SOU ARE FEET OR 7.61 ACRES, ,lORE OR LESS. SKETCH OF LEGAL DESCRIPTION "This Is NOT a Boundary Survey" PREPARED BY: CJG MASTELLER, MOLER & REED 2205 14th AVENUE VERO BEACH, FLORIDA 32960 (772) 56<\-8050 LAND SURVEYING BUSINESS "4644 '-' "wtÎ Sketch of Legal Description of Conservation Easements Performed for Tricon Real Estate, Inc. Located in Section 23, Township 34 Souih Range 40 East, St. Lucie County, Florida Sheet 5 of 8 Not Valid Without All Sheets ~ 1) THE BEARING BASIS IS THE WEST RIGHT-OF-WAY LINE OF STATE ROAD A-1-A BETWEEN A FOUND IRON ROD ANO CAP STAMPED LB 4644 "NO A FOUND >2" IRON PIPE AS DEPICTED ON THIS SURVEY, THE BE"RING BEING S1 8'28' 57"E. 2) THIS SKETCH EXISTS SOLELY FOR THE PURPOSE OF ILLUS'TRA TING THE LEGAL DESCIPTION TO ~ICH IT IS ATTACHED, 3) ALL DIMENSIONS ARE CALCULATED UNLESSS OTHERWISE NOTED, 4) THIS SKETCH MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSlON"L LAND SURVEYORS IN CHAPTER 6'GI7-6, FLORIDA ADMINISTATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, N .+. 8 WilliQ; NO, R L "I S E W NUMBER ê RADIUS PSM LENGTH MHW NORTH SOUTH EAST 100 WEST 0 I. I ~ CHANGE OF DIRECTION, NO CORNER SET PROFESSIONAL SURVEYOR AND MAPPER MEAN HIGH WATER GRAPHIC SCALE :'>0 I 100 I 200 I "'" I (,() t- W W :r: VJ w w VJ w z :J :r: u t- < :::E N89'35'30"E 1 iIlch = 100 iL N89'35'30"E 811,60 93,77 xxx x "',"-- .~~"".".,,~ V0 V ~~~~.... fo~~6'Ì¡; 'N'1I'J:;'$ . ''THE N~~ SOOT!! .~~ :otnn6ci,VT~ ~O~ ~ (' '1< 9 1500', NOR'TH 1/2 203-034-40 1500' NORTH 1/2 203-34-40 /. ~ ~ ,0,,;;/ ß,OVERNMENT LOT V /' " """~"'"' co, , ~"!f "". +.." ~ ~o· ~~ ~ ~ - x ' ,('- - - i2 /j /' UPlfN~ ~:c~ " ~.3/, 6'6' ~o 1- /' , x x x ~.3$:j '{p, x x x x ~~""".9 V. ~CON x.xx x ,~'~. "6>. CONSERVA TION :",-, <+. ~ ~EAS 'A.SE~E.NT ."8" ,x~ +<1:... :.¡,J~j~{~?': THE NOR'TH 200' OF 'THE SOO'TH ~" '~. 6'. ~~GO 1400', NORTH 1/2 23-034-40 'o..C(:"~ ' « 06>. . 'GOVERNMENT LOT 1 U"CN() lRc'M ~ '0 ~ ~~ '.<" 4- ~ ~ « ~/"'o' 1\..\ '. '6' -I'~ C?~. 'l; - '6>~"''''' ~ THE NORTH 100' OF 'THE SooTH;,¡< ~"';'>J' ~ 1200', NORTH 1/2 n-34-40 U' ö>~ '" X 'G0"9.R~M~\/gz ?<)< ')Q' 'tJ-;.>. x x x x x x x S34"36'33'E~~; ~ ~,Z6,~r;_X'.'x 89"3 x x x x x x x X UPl,AND AR(~ ~ 79 S89'35'30"w , 238,1\ POINT OF / S8 BEGINNING ( IN F'EET ) SERVATION EMENT "A" 200' OF 'THE SOU'TH ORTH 1/2 23-;}4.-40 .-n,n CONSERVA TION EASEMENT 'B' 481005,OWG DISK ICD61 f:{ , ~~f 524 SKETCH OF LEGAL DESCRIPTION "This Is NOT a Boundary Survey" PREPARED BY: CJG MASTELLER, MOLER & REED 2205 14th AVENuE VERO BEACH, FlORIDA 32960 (772) 564-6050 LAND SURVEYING BUSINESS 4644 '-' ""'" Sketch of Legal Description of Conservation Easements Performed for Tricon Real Estate, Inc. Located in Section 23, Township 34 Smith Range 40 East, St. Lucie County, Florida Sheet 6 of 8 Not Valid Without All Sheets t!QJI.S; 1) THE BEARING BASIS IS THE WEST RIGHT-OF-WAY LINE OF STATE ROAD A-1-A BETWEEN A FOUND IRON ROD AND CAP STAMPED LB +6++ AND A FOUND )2" IRON PIPE AS DEPICTED ON THIS SURVEY. THE BEARING BEING S18°28'57"E, 2) THIS SKETCH EXISTS SOlELY FOR THE PURPOSE OF ILLUSTRATING THE LEGAL DESCIPllON TO WHICH IT IS ATTACHED. 3) ALL DIMENSIONS ARE CALCULATED UNLESSS OTHERWISE NOTED. 4) THIS SKETCH MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 61G17-6, FLORIDA ADMINISTATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES.. N w+, Wìf:!iQ; NO. R L N S E W s A PSM MHW NUMBER RADIUS LENGTH NORTH SOUTH EAST WEST CHANGE OF DIRECTION, NO CORNER SET PROFESSIONAL SURVEYOR AND t.lAPPER MEAN HIGH WATER GRAPHIC SCALE 'or J I :::-:":'~:. ."" Ib ~e44 x 0> N 18 lor tDO ~o 1'00 ~III---'-I ( IN FEET ) 1 inch = 100 It. 200 I """ ¡ J ~ ~ N89'3S'30"E xxx xxx x x X xx xx xxx xx xxx xxx xxx THE ~oRTH 'OO,"'OF THE SOUTH 1500', NORTH 1/2 23-3'-'0 GOVERNMENT LOT 1 811..60 - - I I I~ .... lor 1:- I ~ x x fLOODXZ~NE ~AE-6" x If) f- W W ::r:: U1 w W U1 W z :J ::r:: u f- -< ¿ x :<CÒNSERVA TION EASEMENT "B" . ~E' 'NORTH" iÒO'''OF: THE"Sô'UTH '.,' ')(1'00', NOR", 1/2 2;1-34-.0 GOVERNMENT LOT 1 THE NORTH '00' OF THE 500", 1200', NOR", 1/2 23-;14-40 xGOVERNMENT LOT 1 ^y^ xxx xxx x xxx x xxx x S89'35'30"W 1238.1 I ....... '/2" ."" Jod ond ~C\IP II~' .... 1,= II~ "S100 DWC DISK IC051 SKETCH OF LEGAL DESCRIPTION "This Is NOT 0 Boundory Survey" PREPARED BY: CJG MASTELLER, MOLER & REED 2205 14th A VENuE VERO BEACH, FLORIDA 32960 (772) 564-6050 LAND SURVEYING BUSINESS 4644 NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OFA FLORIDA LICE SURVEYOR AND PPER, ~ """" Sketch of Legal Description of Conservation Easements Performed for Tricon Real Estate, Inc. Located žn Section 23, Townshžp 34 Soùth Range 40 East, St. Lucže County, Florida Sheet 70f8 Not Valid Without All Sheets !:!Q.Il:S; 1) THE BEARING BASIS IS THE WEST RIGHT-OF-WAY LINE OF STATE ROAD A-l-A BETWEEN A FOUND IRON ROD AND CAP STAMPED LB ~6H AND A FOUND >2" IRON PIPE AS DEPICTED ON THIS SURVEY, THE BEARING BEING S18"28'57"E. 2) THIS SKEOCH EXISTS SOLELY FOR THE PURPOSE OF ILLUSTRATING THE LEGAL DESCIPTlON TO WHICH IT IS ATTACHED, 3) ALL DIMENSiONS ARE CALCULATED UNLESSS OTHERWISE NOTED, 4) THIS SKETCH MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSiONAL LAND SURVEYORS IN CHAPTER 61G17-6, FLORIDA ADMINISTAnVE CODE, PURSUANT TO SEcnON ~72..027, FLORIDA STATUTES, l..EJìLtiQ; NO, R L N S E W t:. PSM MHW CHANGE OF DIRECTION. NO CORNER SET PROFESSIONAL SURVEYOR AND MAPPER MEAN HIGH WATER NUMBER RADIUS LENGTH NORTH SOUTH EAST WEST LEGAL DESCRIPTION CONSERVATION F ASEMfNT "B" A PARCEL OF LAND L'I1NG IN THE NORTH ~ OF SEC1l0N 23, TOWNSHIP 34 SOUTH RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA AND BEiNG MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WEST RIGHT-OF-WAY LINE OF STATE ROAD A-1- A AND THE SOUTH LINE OF THE NORTH 100 FEET OF THE SOUTH 1200 FEET OF THE NORTH J!. or SAID SECTION 23, THENCE S89'35'30"W, A DISTANCE or 1,Ol~.69 FEET TO THE INTERSECTION OF SAID SOUTH LINE AND THE WEST MEAN HIGH WATER OF AN EXISTING CHANNEL ALSO BEING THE POINT OF BEGINNING; THENCE CON1lNUE S89'35'30"W ALONG SAID LINE, A DISTANCE OF 1,238.1' FEET TO THE WEST LINE OF GOVERNMENT LOT 1; THENCE N01'47'47"E ALONG SAID WEST LINE OF GOVERNMENT LOT 1 SECTION 23, TOWNSHIP 34 SOUTH, RANGE ~O EAST, A DISTANCE OF 400.29 FEET TO THE NORTH LINE OF THE NORTH 100 FEET OF THE SOUTH 1500 FEET OF SAID NORTH ~ OF SEC1l0N 23, TOWNSHIP 34 SOUTH, RANGE 40 EAST; THENCE N89'35'30"E ALONG SAID NORTH LINE or THE NORTH 100 FEET OF THE SOUTH 1500 FEET, A DISTANCE OF 811.60 FEET BACK TO THE SAIO MEAN HIGH WA TER OF AN EXISTING CHANNEL; THENCE ALONG SAID MEAN HIGH WATER LINE S50'28'24"E, A DISTANCE OF 103.77 FEET; THENCE S62'42'40"E, A DISTANCE OF 109.32 FEET; THENCE S51'05'52"E, A DISTANCE OF 61.56 FEET; THENCE S43'53'31-E. A DISTANCE OF 61.54 FEET; THENCE S38'15'35'E, A DISTANCE OF 153.78 FEET; THENCE S32'58'32"E, A DISTANCE OF 6S,65 FEET; THENCE S34'36'33'E, A OISTANCE OF 26.81 FEET TO THE POINT OF BEGINNING, CONTAINING 423,582.56 SOUARE FEET OR 9.72 ACRES, MORE OR LESS.. INGRfSS/EGRESS EASEMENT DESCRIPTION A PARCEL OF LAND L'I1NG IN THE NORTH .IS OF SECTION 23, TOWNSHIP 34 SOUTH RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA AND BEiNG MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSEcnON OF STATE ROAD A-1-A AND THE NORTH LINE OF THE NORTH 100 FEET OF THE SOUTH 1500 FEET, SECTION 23, TOWNSHIP 34 SOUTH, RANGE ~O EAST; THENCE S18'28'57"E ALONG THE WEST RIGHT-OF-WAY LINE OF STATE ROAO A-l-A, A DISTANCE OF 16.27 FEET; THENCE S48'29'03"W, A DISTANCE OF 22.11 FEET: THENCE S89'35'30"W, A OISTANCE OF 94.35 FEET; THENCE N01'01'J3'E, A DISTANCE OF 3.0.01 FEET TO THE SAID NORTH LINE OF THE NORTH 100 FEET OF THE SOUTH 1500 FEET; THENCE N89'3S'30-E ALONG SAID NORTH LINE, A DISTANCE OF 10S.21 FEET BACK TO THE POINT OF BEGINNING. CONTAINING 3,158.97 SOU ARE FEET OR 0.07 ACRES, MORE OR LESS, 481005.DWG DISK ICD61 SKETCH OF LEGAL DESCRIPTION "This Is NOT 0 Boundory Survey" PREPARED BY: CJG MASTELLER, MOLER & REED 2205 14th AVENUE VERO BEACH, FLORIDA 32960 (772) 564-8050 LANO SURVEYING BUSINESS 4644 NOT VALID WITHOUT IHE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA lICEN SURVEYOR AND M PER. '-' ..." Sketch of Legal Description of Conservation Easements Performed for Tricon Real Estate, Inc. Located ,in Section 23, Township 34 South Range 40 East, St. Lucie County, Florida Sheet 8018 Not Valid Without All Sheets I:iQJI.S; 1) THE BEARING BASIS IS niE WEST RIGHT-Or-WAY LINE OF STATE ROAD A-l-A BETWEEN A FOUND IRON ROD AND CAP STAMPED LB <4-644 AND A FOUND >2" IRON PIPE AS DEPICTED ON THIS SURVEY. THE BEARING BEING S18"28'57"E. 2) THIS SKETCH EXISTS SOLELY FOR THE PURPOSE OF ILLUSTRA TlNG THE LEGAL DESCIPnON TO WHICH IT IS ATTACHED. ~) ALL DIMENSIONS ARE CALCULATED UNLESSS OniERWlSE NOTED. <4-) THIS SKETCH MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORni BY THE FLORIDA BOARD OF PROfESSIONAL LAND SURVEYORS IN CHAPTER 61G17-6, FLORIDA ADMINISTATlVE CODE, PURSUANT TO SECTION <4-72.027, FLORIDA STATUTES. WìE!iI2; NO. R L N S E W ê CHANGE OF DIRECTlON. NO CORNER SET PSM PROFESSIONAL SURVEYOR AND MAPPER MHW MEAN HIGH WATER N .+E NUMBER RADIUS LENGTH NORni SOUni EAST WEST GRAPHIC SCALE s "" 0 ~~~ 2~ I "" I 100 I 200 I IN FEET ) I inch ~ 50 rt. \ \ \ , , POINT OF BEGINNING INGRESS/EGRESS EASEMENT , \ \------ u pi an d , \ THE NORTH 100' OF THE SOU 1500', NORTH 1/2 23-34-<4- GOVERNMENT LOT 1 \ \ \ \ \ \ \-- 481 D05.DWG DISK "'CD61 SKETCH OF LEGAL DESCRIPTION "This is NOT a Boundary Survey" PREPARED BY; CJG MASTELLER, MOLER & REED 2205 14th AVENUE VERO BEACH, ,LORIOA 32960 (772) 564-8D50 LAND SURVEYING BUSINESS <4-644 NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORiDA LlCEN SURVEYOR AND M PPER. DA L. -...lM NO. 3-A DATE: 5/24/05 AGENDA REQUEST REGULAR ( ) TO: BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING ( ) CONSENT~ PRESENTED BY: . SUBMITTED BY: Solid Waste Division Leo J. Cordeiro. Solid Waste Manaaer SUBJECT: Staff requests Board approval of Non-Exclusive Commercial Solid Waste and Recyclable Material Collection Service Agreement for Donald Mooney Container Systems, Inc. and authorize the Chairman to execute. BACKGROUND: The Non-Exclusive Commercial Solid Waste and Recyclable Material Collection Service Agreements are for all non-residential solid waste collection in the unincorporated area of St. Lucie County. FUNDS AVAILABLE: N/A PREVIOUS ACTION: St. Lucie County has used these Agreements since 1994. RECOMMENDATION: Staff recommends Board approval of Non-Exclusive Commercial Solid Waste and Recyclable Material Collection Service Agreement for Donald Mooney Container Systems, Inc. and authorize the Chairman to execute. (v) APPROVED r) OTHER ( ) DENIED E: COMMISSION ACTION: -- Approved 5-0 ÄNDERSON COUNTY ADMINISTRATOR Finance: (check to copy, only it applicable) Coordination/Sianatures County Attorney (X) Public Works (X) Mgt. & Budget ( ) Purchasing ( ) Originating Depart ( ) Other ( ) ....., PUBLIC WORKS DEPARTMENT SOLID WASTE DIVISION MEMORANDUM FROM: Board of County Commissioners Leo J. Cordeiro ./? Solid Waste Manager ~ TO: DATE: May 10, 2005 RE: Donald Mooney Container Systems, Inc. Non-Exclusive Agreement In October of 2004 the Board approved 15 new Non-Exclusive Agreements for commercial haulers in St. Lucie County. This agreement is for Donald Mooney Container Systems, Inc. a new commercial hauler in St. Lucie County. The Non-Exclusive Agreements are for commercial businesses and are totally different from the Exclusive Solid Waste Residential Agreement with Waste Pro. LJC:dls ~ "wi NON-EXCLUSIVE COMMERCIAL SOLID WASTE AND RECYCLABLE MATERIALS COLLECTION SERVICE AGREEMENT THIS AGREEMENT is made and entered into as of April 14, 2005, by and between St. Lucie County, a political subdivision of the State of Florida (the County), and Donald Mooney Container Systems, Inc. (the Contractor). WITNESSETH: WHEREAS, County, in exercise of its powers to regulate the health, safety and welfare of its citizens and visitors, has selected Contractor to provide collection services for certain solid waste and recyclable materials within the unincorporated area of the County and, pursuant to an interlocal agreement with the City of Fort Pierce, to provide collection services for certain recyclable materials within the City of Fort Pierce; and WHEREAS, the Contractor is willing" to provide collection services for such solid waste and recyclable materials; WHEREAS, Construction and Demolition Debris does not cause or have the capability of causing the same harm as some other types of solid waste; it is not necessary to regulate its collection and disposal to the same extent as other waste, and therefore, Construction and Demolition Debris shall not be subject to the franchise fee required by this Agreement. However, all Construction and Demolition Debris shall be required to be disposed of at a facility licensed by the State of Florida to accept such waste; and NOW THEREFORE, in consideration of the mutual promises, covenants and agreements contained herein, the County and Contractor mutually undertake, promise and agree for themselves, their successors and assigns to strictly comply with the following provisions of this Agreement as follows: ARTICLE I DEFINmONS AND CONSTRUCTION SEmON 1.01. DEFINmONS. As used in this Non-Exclusive Commercial Solid Waste and Recyclable Materials Collection Service Agreement, the following terms shall have the following meanings unless the context hereof otherwise requires. Agreement means Non-Exclusive Commercial Solid Waste and Recyclable Materials Collection Service Agreement. Biological Waste means Solid Waste that causes or has the capability of causing disease or infection and includes, but is not limited to, biomedical waste, diseased or dead animals, and other wastes capable of transmitting pathogens to humans or animals. The term does not include human remains that are disposed of by persons licensed under Chapter 470, Florida Statutes. g:\atty\agreemnt\NonExc/usiveCommSW Agmt -1- '-' 'tJ Board means the Board of County Commissioners of St. Lucie County, Florida. Building means any structure, whether temporary or permanent, built for the support, shelter or enclosure of persons, chattel or property of any kind. Bulk Container means any portable non-absorbent water-resistant container equipped with or without water-resistant lid or cover and approved by the County Administrator designed to be emptied by mechanical means. City Service Area means the area located within the corporate limits of the City of Fort Pierce, Florida Collection means the process whereby Solid Waste and Recyclable Materials are removed from Improved Property and transported to a Solid Waste Disposal Facility or other solid waste management or recycling facility. Commercial Property means all Improved Property other than Residential Property. Contractor Donald Mooney Container Systems, Inc. Construction and Demolition Debris means discarded materials generally cOl")sidered to be not water-soluble and non-hazardous in nature, including, but not limited to, steel, glass, brick, concrete, asphalt roofing material, pipe, gypsum wallboard, and lumber, from the construction or destruction of structures as part of a construction or demolition project or from the renovation of a structure, and including rocks, soils, tree remains, trees, and other vegetative matter that which normally results from land clearing or land development operations for a construction project, including such debris from construction of structures at a site remote from the construction or demolition project site. Mixing of Construction and Demolition Debris with other types of Solid Waste, will cause it to be classified as other than Construction and Demolition Debris. The term also includes: (a) clean cardboard, paper, plastic, wood, and metal scraps from a construction project; (b) except as provided in s. 403.707(12)0), unpainted, nontreated wood scraps from facilities manufacturing material used for construction of structures or their components and unpainted, nontreated wood pallets provided the wood scraps and pallets are separated from other solid waste where generated and the generator of such wood scraps or pallets implements reasonable practices of the generating industry to minimize the commingling of wood scraps or pallets with other solid waste; and, c) De minimis amounts of other nonhazardous wastes that are generated at construction or destruction projects, provided such amounts are consistent with best management practices of the industry. County means St. Lucie County, a political subdivision of the State of Florida. County Administrator means the chief executive officer of the County or the designee or designees of the County Administrator which shall represent the County in the administration and supervision of this Agreement. g: \atty\agreemnt\NonExclusiveCommSW Agmt -2- '-" '...I County Service Area means the unincorporated area of the County. Duplex shall mean a Building that contains two Dwelling Units. Dwelling Unit shall mean a Building, or a portion thereof, lawfully used for residential purposes, consisting of one or more rooms arranged, designed, used, or intended to be used as living quarters for one family only. . Fiscal Year means that period beginning October 1st of each year and ending on the 30th day of September of the subsequent year. Hazardous Waste means solid waste, or a combination of solid wastes, which, becau~e of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to, and increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly transported, disposed of or, stored treated, or otherwise managed. The term does not include human remains that are disposed or by persons licensed under Chapter 470, Florida Statutes. Improved Property means all property within the County on which a Building or other improvements including, but not limited to, fa.cilities providing retail electrical service to such property have been placed or -constructed, which improvements result in such property generating Solid Waste or being capable of generating Solid Waste. Land Clearing Debris means rocks, soil, tree remains, trees and other vegetative matter resulting from a comprehensive land clearing operation, but does not include Yard Trash. Mobile Home means manufactured homes, trailers, campers and recreational vehicles. Owner-Contractor means the Contractor, but only if the Solid Waste Collection Service and Recyclable Materials Collection Service delivered by the Contractor is limited to property owned by the Contractor. Public Entity Crime means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity in Florida or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. Recovered Materials means metal, paper, glass, plastic, textile or rubber materials that have known recycling potential, can be feasibly recycled and have been diverted and source separated or have been removed the solid waste stream for sale, use, or reuse as raw materials, whether or not the materials require subsequent processing or separation from each other, but does g: \atty\agreemnt \NonExclusiveCommSW Agmt - 3- ~ 'tJ not include any materials destined for any use that constitutes disposal. Recovered materials as described above are not solid waste. Recyclable Materials means those materials which are capable of being recycled and which would otherwise be processed or disposed of as solid waste and are designated in writing by the County to the Contractor, other than Recovered Materials, which are capable of being recycled and which would otherwise be processed or disposed of as Solid Waste. The materials initially designated by the County are (A) newspapers and all inserts, (8) #1 PET and #2 HDPE plastic bottles (all colors), (C) aluminum cans, (D) steel cans, and (E) glass bottles and jars (green, clear, and brown). Recyclable Materials Collection Service means the Collection of Recyclable Materials. Recycling means any process by which Solid Waste, or materials which would otherwise become solid waste, are collected, separated or processed and reused or returned to use in the form of raw materials or products. Recycling Bin means two twelve-gallon stackable bins suitable for temporary storage of Recyclable Materials, the first of which shall be green for newspapers, and the second of which shall be blue for other commingled Recyclable Materials. Recycling Container means (A) a 90 gallon hinged lid container, (8) a front end I~ad container with a storage capacity between 1 cubic yard and 8 cubic yards, or (C) such other storage container as may be mutually agreed upon among the County, the Contractor and any individual customer. Residential Property means each parcel of improved Property on which a Single:-Family Residence, Mobile Home, Duplex or Triplex is located; provided however, that Residential Property does not include any parcel of property on which a Mobile Home is located that is (A) classified as either RMH-S or PUD under the County's zoning regulations or (8) classified as PUD or as a conditional use under R-4A or R-S under the zoning regulations of the City of Fort Pierce. Roll-Off Container means any non-absorbent water-resistant container that is equipped with or without water-resistant lid or cover, and is approved by the County Administrator that is designed to be removed from the site and emptied at a Solid Waste Disposal Facility. Rural Service Area means that portion of the unincorporated area of the County locate outside of the Urban Service Area. Single-Family Residence shall mean a Building that contains a single Dwelling Unit. Solid Waste means sludge unregulated under the Federal Clean Water Act or Clean Air Act, sludge from a waste treatment works, water supply treatment plant or air pollution control facility, or garbage, rubbish, refuse, Special Waste or other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations. The term does not include Recovered Materials. g: \atty\agreemnt\NonExclusiveCommSW Agmt -4- '-' ...., Solid Waste Collection Service means the Collection of Solid Waste. Solid Waste Disposal Facility means any solid waste management facility which is the final resting place for Solid Waste, including landfills and incineration facilities that produce ash from the process of incinerating municipal solid waste. Special Waste means Solid Waste that can require special handling and management, including, but not limited to, White Goods, waste tires, used oil, lead-acid batteries, Construction and Demolition Debris, ash residue and Yard Trash and biological waste. Standard Container means any commonly available light gauge steel, plastic, or galvanized water-resistant receptacle of a non-absorbent material, closed at one end and' open at the other, furnished with a closely fitted water resistant top or lid and handle(s), or a heavy duty, securely tied, plastic bag designed for use as a garbage receptacle. A standard container, should not exceed 32 gallons in capacity, unless the Contractor implements an automated or semi-automated collection system, with the prior written approval of the County, requiring the use of some other standard receptacle compatible with the Contractors uniform equipment. Triplex shall mean a Building that contains three Dwelling Units. Urban Service Area means that portion of the unincorporated area of the County lying to the east of the following described line: begin at the point Interstate 95 enters the County from Indian River County and run southerly along Interstate 95 to Angle Road; then run westerly along Angle Road to Florida's Turnpike; then run southerly along Florida's Turnpike to Picos Road; then run westerly along Picos Road to Gentile Roa.d; then run southerly along Gentile Road to Okeechobee Road; then run easterly along Okeechobee Road to Florida's Turnpike; then run southerly along Florida's Turnpike to Interstate 95; then run southerly along Interstate 95 to Glades Cutoff Road; then run westerly along Glades Cutoff Road to C-24 Canal; then run southerly along ç- 24 Canal to Juliette Avenue; then run westerly along Juliette Avenue to Salvatierra Boulevard; then run southerly along Salvatierra Boulevard to Tanforan Boulevard; thEm run easterly along Tanforan Boulevard to Interstate 95; then run southerly along Interstate 95 to the point at which it enters Martin County. White Goods means inoperative and discarded refrigerators, ranges, water heaters, freezers, and other similar domestic and commercial large appliances. Yard Trash means vegetative matter resulting from landscaping maintenance. SECTION 1.02. CONSTRUCTION AND INTERPRETATION. (A) Words importing the singular number shall include the plural in each case and vice versa, and words importing persons shall include firms and corporations. The terms herein, hereunder hereby, hereto, hereof, and any similar terms, shall refer to this Agreement; the term g: \atty\agreemnt\NonExclusiveCommSW Agmt -5- ~ ...,¡ heretofore shall mean before the date of adoption of this Agreement; and the term hereafter shall mean after the initial date of adoption of this Agreement. (8) No provision of this Agreement is to be interpreted as a penalty upon any party to this Agreement. The parties hereby agree that the rights of the County in the event the Contractor takes or fails to take certain actions pursuant to this Agreement, are reasonable, and that the parties desire such certainty with regard to such matters. (C) This Agreement shall not be construed more strongly against any party regardless of whether that party or its counsel drafted this Agreement. SECTI()N 1.03. SECTION HEADINGS. Any headings preceding the texts of several Articles and Sections of this Agreement and any table of contents or marginal notes appended to copies hereof, shall be solely for convenience of reference and shall neither constitute a part of this Agreement nor affect its meaning, construction or effect. ARTICLE II REPRESENTATIONS SECTION 2.01. REPRESENTATIONS OF THE COUNTY. The County makes the following representations as the basis for the undertakings on the part of the Contractor herein contained: (A) The County is duty organized and validly existing as a political subdivision of the State of Florida. (B) The County has full power and authority to enter into the transactions "cQntemplated by this Agreement. (C) The County has entered into an interlocal agreement with the City of Fort Pierce that allows the Contractor to provide Recyclable Materials Collection Service to Commercial Property within the City Service Area. SECTION 2.02. REPRESENTATIONS OF CONTRACTOR. Contractor makes the following representations as the basis for the undertakings on the part of the County herein contained: (A) Contractor is a business corporation duly organized, validly existing and in good standing under the laws of the State of Florida, authorized to do business in the State of Florida, and has all requisite corporate power and authority to enter into and fully perform this Agreement. All necessary corporate action on the part of Contractor relating to the authorization of its execution and delivery of this Agreement and its performance of its duties and obligations contained herein have been duly taken, and this Agreement, when executed and delivered, will be valid and enforceable against Contractor in accordance with its terms, except to the extent that the enforceability thereof may be limited by any applicable bankruptcy, insolvency, moratorium, reorganization or other similar laws affecting creditors rights generally, or by the exercise of judicial discretion in accordance with general principles of equity. g: \atty\agreemnt\NonExclusiveCommSW Agmt -6- '-' ....,¡ (8) There are no actions, suits or proceedings pending or, to the knowledge of Contractor, threatened against or affecting Contractor, at law or in equity or before or by any Federal, state, municipal or other governmental department, commission, board, bureau, agency or instrumentality wherein an unfavorable decision, ruling or finding would adversely affect the validity of this Agreement or any agreement or instrument to which Contractor is a party and which is used or contemplated for use in the consummation of the transactions contemplated hereby. (C) The Contractor is willing, ready and able to fully perform the duties and obligations contained herein. ARTICLE III SCOPE OF SERVICES AND TERM OF AGREEMENT SECTION 3.01. SERVICE PROVIDED BY CONTRACTOR. (A) The Contractor is hereby authorized, on a non-exclusive basis, to provide (1) Solid Waste Collection Service and Recyclable Materials Collection Service to Commercial Property located in the County Service Area, (2) Solid Waste Collection Service and Recyclable Materials Collection Service to Residential Property located in the Rural Service Area, and (3) Recyclable Materials Collection Service to Commercial Property located in the City Service Area. The Contractor shall offer Recyclable Materials Collection Service to all Dwelling Units located on Commercial Property in the County Service Area to which the Contractor provides Solid Waste Collection Service. (8) The Contractor shall be responsible for billing and collecting payments for all Solid . Waste Collection Service and Recyclable Materials Collection Service it provides pursuant to this Agreement, including disposal costs at a the Solid Waste Disposal or Recycling Facility. (C) Adjustments to County Service Area boundaries due to municipal annexation or contraction will be handled as provided by Section 171.062, Florida Statutes. (D) The -County agrees to provide or approve a Solid Waste Disposal or Recycling Facility for use by the Contractor at all times. All Solid Waste collected by the Contractor will be delivered to a Solid Waste Disposal Facility maintained or approved by County and the applicable disposal charge shall be paid by the Contractor. If the Solid Waste Disposal Facility is other than one operated or maintained by the County, the Contractor shal¡"submit annually, on a form approved by the County Administrator, a report demonstrating that the Solid Waste Disposal Facility has all necessary licenses and permits. If the Contractor delivers Solid Waste to any facility other than a Solid Waste Disposal Facility that is operated, maintained or approved by the County, the Contractor agrees to pay to the County, as liquidated damages and in addition to any other remedy available to the County pursuant to this Agreement, an amount equal to three times the disposal fee that would have been paid if such Solid Waste had been delivered to the Solid Waste Disposal Facility operated, maintained or approved by the County. The Contractor shall segregate and separately dispose of Special Waste at designated areas of the Solid Waste Disposal Facility or at lawfully permitted facilities. g:\atty\agreemnt\NonExclusiveCommSW Agmt -7- ..., 'W (E) Yard Trash collected by the Contractor shall be delivered to a facility which is authorized by law to accept Yard Trash. Annually, the Contractor will provide a report on a form approved by the County Administrator that identifies the amount of yards collected, and demonstrates the facility has all necessary licenses and permits. (F) The Contractor shall be subject to all local state and federal laws, rules and regulations applicable to Solid Waste Collection Service. This Agreement does not and shall not be construed to relieve the Contractor from any obligation to address any permit, condition, term, approval or restriction and shall not relieve the Contractor or its successors, of the obligation to comply with any law, ordinance, rule or regulation governing said permitting requirements, terms, approvals or restrictions. (G) It is understood and agreed that the County that has entered into an Exclusive Residential Solid Waste and Recyclable Materials Collection Service Agreement and this Agreement does not authorize the Contractor to offer or provide Solid Waste Collection Service and Recyclable Materials Collection Service to Residential Property located within the Urban Service Area and Recyclable Materials Collection Service to Residential Property within the City Service Area. (H) In the event the Contractor, through no fault of its own, is incapacitated by a hurricane, tornado, major storm or other natural disaster, the County Administrator may grant the Contractor a variance from regular routes and schedules. Such variance shall not be unreasonably withheld. Further, the County Administrator may authorize other service providers to temporarily provide Solid Waste Collection Service within the County Service Area after such natural disaster. As soon as practicable after such natural disaster, the County Administrator shall advise the Contractor when it is anticipated normal routes and schedules can be resumed. In the event of a disaster, the Contractor agrees to use its best efforts to assist with clean-up, upon direction of the County Administrator, utilizing the equipment and personnel assigned to provide service pursuant to this Agreement. In the event the County Administrator requires services beyond what is required of Contractor hereunder, considering any reduction of regular service during such disaster, the Contractor shall receive extra compensation above the normal compensation contained in this Agreement to cover documented actual costs and reasonable profit for such extra services actually provided by the Contractor, provided the Contractor has first secured written authorization and approval from the County Administrator. The extra compensation shall be reasonable and if Contractor and County Administrator cannot agree on the amount of extra compens¡:¡tion, the Board shall make the final determination. Contractor agrees to provide the emergency services immediately upon request and the fact that the extra compensation has not been determined shall not delay the provision of service. SECTION 3.02. HAZARDOUS WASTE. The Contractor shall not be required to collect and dispose of Hazardous Waste under this Agreement. The collection and disposal of Hazardous Waste are not regulated under this Agreement, unless and until a separate agreement therefore is entered into by and between County and Contractor. g: \atty\agreemnt\NonExclusiveCommSW Agmt _ 8- '-' '...I SECTION 3.03. CHANGES IN SCOPE OF COLLECTION SERVICE. From time to time, at the sole option of the County, it may be necessary to modify the scope of services to be provided hereunder. Should this occur, the County and the Contractor agree to enter into good faith negotiations to amend this Agreement to reflect the impact of any such modification. SECTION 3.04. TERM OF AGREEMENT. The term of this Agreement shall be for the period beginning April 14, 2005 and terminating September 30, 2006. ARTICLE IV SOLID WASTE COLLECTION SERVICE SECTION 4.01. SOLID WASTE COLLECTION SERVICE. The Contractor is hereby authorized, on a non-exclusive basis, to provide Solid Waste Collection Service to Commercial Property located in the County Service Area and to Residential Property located in the Rural Service Area. SECTION 4.02. CONDmONS AND FREQUENCY OF SERVICE. (A) Other than Roll-Off Containers, service shall be provided at least twice a week to all customers generating putrescible waste and at least once a week to all customers not generating putrescible waste. (B) The Contractor shall be required to provide service within twenty-four hours of a service request for Roll-Off Containers (other than Sundays). Roll-Off Containers containing putrescible waste shall be emptied not less than once per week; provided however, that Roll-Off Containers equipped with a watertight compactor may be emptied on an on-call basis. (C) Collection of Construction and Demolition Debris may also be on an on-call basis. (D) The size of the Bulk Container or Roll-Off Container shall be determined between the Contractor and the customer. Except as required by Sections 4.02(A) and (B), the frequency of Collection shall be determined between the customer and the Contractor. However, the size and the frequency of such shall be sufficient to provide that no Solid Waste need be placed outside a Bulk Container, Roll-Off Container or Standard Container. The Contractor shall provide Bulk Containers and Roll-Off Containers as necessary; however, customers may acquire their Bulk Container or RolI- Off Container from any source provided that the source or customer is completely responsible for its proper maintenance. Such Bulk Containers or Roll-Off Containers shall be of a type that can be serviced by the Contractors equipment. (E) All Solid Waste shall be placed in either a Bulk Container, Standard Container or RolI- Off Container. Where Standard Containers are used, they shall be placed at the roadside or at such other collection point as may be agreed upon between the Contractor and the customer, provided that they shall not be placed in the road right-of-way No putrescible waste shall be collected or stored in either a Bulk Container, Roll-Off Container or Standard Container unless it is covered. All Bulk Containers and Roll-Off Containers shall be kept in a safe, accessible location agreed upon between the Contractor and the customer. Any damage to Bulk Containers, Roll-Off Containers or g: \atty \agreem nt \NonExc Ius iveCommS W Agmt _ 9- .~ , "-' ..,,¡ Standard Containers or other damage caused by the Contractor shall be promptly repaired, replaced or reimbursed by the Contractor. (F) The Contractor shall provide back door service to handicapped persons upon the customer providing to the Contractor proof of handicapped status as required by Section 320.0848(14) Florida Statutes, and certifying that no other able-bodied person resides in the household. No additional charge shall be made for providing back door service to handicapped persons. SECTION 4.03. METHOD AND HOURS FOR COLLECTION. Collection shall occur on a regular basis with a frequency of pick-up as provided herein and the size of the Bulk Container or Roll-Off Container to be agreed upon between the Contractor and the customer. Collection shall be permitted at any reasonable time; however, service provided to commercial customers located adjacent to Dwelling Units shall be collected within the same hours and days as required by the County for Solid Waste Collection Service to Residential Property (i.e. between the hours of 7:00 am. and 6:00 p.m., Monday through Saturday). SECTION 4.04. AGREEMENTS FOR SOLID WASTE COLLECTION SERVICE. A written agreement for Solid Waste Collection Service shall be executed by the Contractor and provided to the customer regarding the level and type of service to be provided and manner of collection of fees; provided however, that no agreement shall be required for Solid Waste Collection Service provided to Rèsidential Property in the Rural Service Area or for Solid Waste Collection Service limited to Construction and Demolition Debris. The customer may subscribe to a greater level of service than that which is minimally required under this Agreement to meet the needs of the customer in a sanitary and efficient manner. However, upon failure of the parties to reach such an agreement, either party may apply to the County Administrator, who shall establish the level and type of service to be provided, including the location and size of the container, and the number of pick-ups per week. The Contractor will be responsible for the billing and collection of all commercial charges. SECTION 4.05. TERMINATION OF SERVICE. The Contractor may suspend Solid Waste Collection Service to a customer whose payment is 45 days past due. However, service shall not be suspended unless 2 weeks written notice of such pending suspension has been provided to the customer by the Contractor. The Contractor shall notify the County Administrator of all suspensions the next business day following any such suspension. The Contractor may impose a charge for re- starting service to suspended Customers. SECTION 4.06. USE OF SOLID WASTE DISPOSAL FACILITY. (A) All Solid Waste collected by the Contractor will be delivered to a Solid Waste Disposal Facility described in Section 3.01(D) and the applicable disposal charge shall be paid by the Contractor. (B) If the Contractor is using the County Solid Waste Disposal Facility, then: g: \atty\agreemnt \NonExclusiveCommSW Agmt -10- '-' """" (1) On or before the tenth day of each month, the Contractor shall pay the County for the full amount of the disposal fees incurred by the Contractor for the prior month. Disposal fees shall be based upon the records maintained by the County indicating the total weight of Solid Waste deposited at the Solid Waste Disposal Facility by the Contractors vehicles. Disposal fees shall be computed in accordance with the schedule of charges approved by the Board, as the same may be amended from time to time. (2) The Contractor shall post a bond issued by a surety acceptable to the County or provide other security in a form acceptable to the County Attorney in an amount equal to the Contractors estimated total disposal fee for two months, rounded to the near~st thousand dollars. The security shall insure the Contractors faithful and timely payment of all Solid Waste disposal fees. The parties agree that this security amount is an estimate by the County and will be reviewed in October 2005, and semiannually thereafter. If there is a significant increase in the Contractors monthly total disposal fee, the County reserves the right to increase the minimum security amount at any time. Based upon any such review, the security amount shall be adjusted to the revised estimated total disposal fee for two months, rounded to the nearest thousand dollars. Any adjustment of the security amount may also include an adjustment for a fee increase authorized by the Board, if such increase is due to take effect prior to the next regularly scheduled review. (C) The Contractor agrees to comply with the applicable provisions of all permits, rules, regulations, law and ordinances adopted or issued by the County, State of Florida, or United States of America, including those that are applicable to the Solid Waste Disposal Facility. ARTICLE V RECYCLABLE MATERIALS COLLECTION SERVICE SECTION 5.01. SERVICE TO CERTAIN DWELLING UNITS. The Contractor is hereby authorized, on a non-exclusive basis, to provide (1) Recyclable Materials Collection Service to Commercial Property within the County Service Area and the City Service Area and (2) Recyclable Materials Collection Service to Residential Property located within the Rural Service Area. The Contractor shall offer Recyclable Materials Collection Service to all Dwelling Units located on Commercial Property in the County Service Area to which the Contractor provides Solid Waste Collection Service. The charge for Recyclable Materials Collection Service shall be included in the charge for Solid Waste Collection Service, if provided, but will be separately stated on each bill. Notwithstanding the foregoing, Recyclable Materials Collection Service shall not be required if the Solid Waste Collection Service is limited to the collection of Construction and Demolition Debris. SECTION 5.02. FREQUENCY OF SERVICE. Recyclable Materials Collection Service shall be provided to Dwelling Units once every week on a scheduled route basis. Recyclable Materials Collection Service shall coincide with a regularly scheduled pick-up day for Solid Waste Collection Service. g: \atty\agreemnt\NonExclusiveCommSW Agmt -11- ~ 'tt¡ SECTION 5.03. ACCESSIBILITY. All Recyclable Materials to be collected shall be stored in an approved Recycling Bin and shall be placed in close proximity to the receptacles for Solid Waste. If Solid Waste is collected from Standard Containers, Recycling Bins must be placed within six feet of the curb. If Solid Waste is collected from Bulk Containers, Recycling Containers must be placed in same area. All Recycling Bins and Recycling Containers must be placed in a location providing lawful, safe, and efficient access by collection crews and vehicles. SECTION 5.04. HOURS FOR SERVICE. Recyclable Materials Collection Service to Dwelling Units shall be conducted between 7:00 a.m. and 6:00 p.m., Monday through Saturday. SECTION 5.05. RECYCLING BINS, AND C.ONTAINERS. (A) The Contractor at its expense shall provide and deliver Recycling Bins to each Dwelling Unit from which Solid Waste is collected from Standard Containers. (B) At a minimum, the Contractor at its expense shall provide and deliver one or more Recycling Containers colored green for newspapers and one or more Recycling Containers colored blue for other commingled Recyclable Materials to each parcel from which Solid Waste is collected in Bulk Containers. At the request of the Customer, the Contractor may provide other types of recycling service Výhich would require the Customer to perform additional segregation of Recyclable Materials beyond that required for the basis service. The type and quantity of Recycling Containers and their location shall be agreed upon between the Contractor and the customer. Recycling Containers must be placed in a convenient location for use by residents. (C) The size, shape, and color of the Recycling Bins, and Recycling Containers, and the configuration of any printing shall be approved by the County Administrator. (D) The title to the Recycling Bins and Recycling Containers shall be vested with the Contractor for the duration of this Agreement. (E) The Contractor shall replace at its own expense any Recycling Bin or Recycling Container that is (1) lost, (2) rendered unserviceable through normal wear and tear of collection services, or (3) damaged through the fault or negligence of the Contractor or its employees. (F) The Contractor must purchase and use Recycling Bins manufactured with a minimum of 25 percent post-consumer plastic. (G) Recycling Bins and Recycling Containers for newly constructed Dwelling Units shall be provided and delivered by the Contractor within ten days of the issuance of a certificate of occupancy. SECTION 5.06. MANNER OF COLLECTION. The Contractor shall collect Recyclable Materials with as little disturbance as possible and shall leave the Recycling Bin or Recycling Container at the same point it was collected. To be eligible for pick-up Recyclable Materials must be g: \atty\agreemnt \NonExclusiveCommSW Agmt -12- '-' 'wi placed in Recycling Bins or, if provided, Recycling Containers. The Recycling Bins and Recycling Containers must be placed at the usual accessible pick-up location. If materials other than Recyclable Materials are improperly placed in a Recycling Bin or Recycling Container, the Contractor shall return such material to the Recycling Bin or Recycling Container and place a neon colored friendly reminder sticker on the inside of the Recycling Bin or on the lid of the Recycling Container, informing the customer of the error. SECTION 5.07. PROCESSING AND MARKETING OF RECYCLABLE MATERIALS. (A) The Contractor shall not return collected Recyclable Materials to the waste stream. If the market ceases to exist for any Recyclable Materials, alternate disposal options for such Recyclable Materials must be approved in advance by the County Administrator. Such approval shall not be unreasonably withheld. (B) The Contractor shall be responsible for processing and marketing all Recyclable Materials collected and shall take all reasonable commercial action to assure that the Recyclable Materials are separated, processed and marketed or otherwise disposed of in a manner that assures reuse or return to use in the form of raw materials or products. SECTION 5.08. RECYCLING COLLECTION EQUIPMENT. (A) The Contractor shall have on hand at all times ·and in good working order such recycling collection services equipment as to permit the Contractor to adequately and efficiently perform the contractual duties specified in this Agreement. Vehicles for Recyclable Materials Collection Service shall be designed to separate various types of Recyclable Materials and shall be enclosed or otherwise properly covered so as to prevent litter or discharge. Vehicles for Recyclable Materials Collection Service shall be clearly distinguishable from vehicles used for Solid Waste Collection Service by color or appropriate signage. The method of distinguishing vehicles used for Recyclable Materials Collection Service from vehicles used for Solid Waste Collection Service shall be approved by the County Administrator. All equipment used for Recyclable Materials Collection Service shall be kept in good repair and appearance, and in a sanitary, clean condition at all times. (B) No advertising, except signage approved by the County to promote recycling, will be permitted on recycling collection vehicles. Upon request of the County, the Contractor will be required to display periodic recycling program promotional. signage on the recycling vehicles; provided, however, that the Contractor shall not be required to change promotional signage more frequently than once during any three-month period. The Contractor agrees to bear all costs associated with such promotional signage. The Contractors name, corporate logo, and telephone number must be displayed on all vehicles at all times. SECTION 5.09. TITLE TO RECYCLABLE MATERIALS AND REVENUE FROM RESALE. The Contractor shall at all times hold title and ownership to all Recyclable Materials collected by the Contractor pursuant to this Agreement and shall retain the revenues obtained from its sale of Recyclable Materials. g: \atty\agreemnt\NonExclusiveCommSW Agmt -13- -., tJ SECTION 5.10. RECYCLING REPORTS. Within fifteen days after the last day of each calendar quarter, the Contractor shall submit a recycling report to the County, on forms approved by the County. The Contractor shall maintain books and records of the information to be included in these recycling reports, which books and records shall be available for inspection and audit by the County at all times. The quarterly recycling reports will be designed to assist the County in meeting any local, state or federal reporting requirements relative to recycling or Solid Waste reduction goals and shall contain, by way of example and not limitation, the following information: (A) a summary of all tonnages recovered by material; (B) recycling program participation (set-out) rates for customers served with Recycling Bins; (C) a discussion of problems and noteworthy experiences in the Recyclable Materials Collection Service; (D) a discussion of highlights and other noteworthy experiences and measures taken to resolve problems, increase efficiency or encourage program participation; (E) a detailed description of the actions taken to process, market or otherwise properly dispose. of the Recyclable Materials; (F) Materials; gross revenue received, broken down by material, for the resale of Recyclable (G) a list of persons.or firms to whom Recyclable Materials have been sold, including the name, address, telephone, contact person, final destination of materials, and end product; (H) an overall assessment of performance during the quarter; (I) detailed data to allow analysis of collection equipment handling capabilities; (J) a discussion of the public information activities and their impact on participation and recovered volumes; and (K) any recommendations for improvement of the recycling program. SECTION 5.11. APPROVAL OF COMMERCIAL RECYCLING PROGRAMS. The Contractor shall submit a plan to the County for County approval outlining the scope of Recyclable Materials Collection Service to be provided to Commercial Property on which no Dwelling Units are located. g:\atty\agreemnt\NonExclusiveCommSW Agmt -14- '-" ...,,¡ ARTICLE VI FEES, BILLING AND COLLECTION SECTION 6.01. COMMERCIAL BILLING, COLLECTION AND PAYMENTS. The Contractor shall be responsible for the billing and collection of payments for Solid Waste Collection Service and Recyclable Materials Collection Service. Customers shall be billed on a monthly basis, in advance; provided however, that (1) Residential Property located in the Rural Service Area may be billed on a quarterly basis, in advance, and (2) the agreement required by Section 4.05 hereof may permit individual Dwelling Units located on Commercial Property in the County Service Area to be billed on a quarterly basis, in advance. Fees shall be deemed delinquent fifteen days after the service has been provided. Interest shall accrue on delinquent fees at the same rate provided in Section 55.03, Florida Statutes. SECTION 6.02. FRANCHISE FEES. (A) To compensate the County for the cost of administration, supervision and inspection rendered for the effective performance of this Agreement, the Contractor, if not operating as an Owner-Contractor, shall pay to the County a franchise fee equal to four percent of all gross revenues collected or received from its customers for Solid Waste Collection Service, and Recyclable Materials Collection Service. For the purposes of determining the franchise fee due the County, gross revenues shall encompass all fees charged and collected for Solid Waste Collection Service, and Recyclable Materials Collection Service, including the disposal fee paid by the Contractor at any Solid Waste Disposal Facility. (B) Franchise fees shall be payable monthly in arrears. Any amounts not paid when due shall earn interest at t~e same rate provided in Section 55.03, Florida Statutes. Adjustments to the franchise fees due the County, based upon additional information on the gross revenues revealed by the reporting requirements in Section 7.10 or otherwise, shall be paid promptly. Any further amounts which may be due County as a result of changes or additional information relating to the gross revenues shall be made with the next monthly payment. (C) Contractors that engage in the business of collecting and disposing of Construction and Demolition Debris shall be required to enter into a non-exclusive agreement, however no franchise fee shall be charged or collected. ARTICLE VII OPERATIONS SECTION 7.01 OFFICE. (A) The Contractor shall maintain an office where complaints can be received. It shall be equipped with sufficient telephones to receive the complaints. However, ¡fthe Contractor is serving as an Owner-Contractor, the office hours of the Owner-Contractors principal business shall be deemed sufficient to comply with the foregoing requirement. All telephone numbers used by the Contractor shall allow for toll free use for any call originating from within the County. g: \atty\agreemnt\NonExclusiveCommSW Agmt -15- \.; "WI (B) During normal business hours and following reasonable notice, the Contractor shall allow the County to inspect and copy all records, papers, letters, or other documents related to the service provided by the Contractor pursuant to this Agreement. SECTION 7.02. CONTRACTOR PERSONNEL. (A) The Contractor shall assign qualified persons to be in charge of the operations within the County Service Area and the City Service Area and shall provide the name of such person to the County Administrator. (B) The Contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement with respect to hiring, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment because of age, sex or physical handicaps (except where based on a bonafide occupational qualification); or because of marital status, race, color, religion, national origin or ancestry. (C) Contractor shall bear the responsibility for verifying the employment status, under the Immigration Reform and Contract Act of 1986, of all persons it employs in the performance of this Agreement. (D) Each driver of a collection vehicle shall at all times carry a valid Florida drivers license for the type of vehicle that is being driven. (E) The Contractors name and office telephone number shall be prominently displayed on all vehicles used to collect Solid Waste and Recyclable Materials. The Contractor shall provide the County at all times with a current list of the vehicles used for Solid Waste Collection Service and Recyclable Materials Collection Service. (F) The Contractor shall provide operating and safety training for all personneL (G) The Contractors employees shall treat all customers in a polite and courteous manner. SECTION 7.03. CQLLECTION EQUIPMENT. The Contractor shall have on hand at all times and in good working order such equipment as shall permit the Contractor to adequately and efficiently perform the contractual duties specified in this Agreement. Upon execution of this Agreement and semi-annually thereafter, the Contractor shall provide in a format specified by the County Administrator a list of the equipment used by the Contractor to provide services relating to this Agreement. Collection equipment shall be of the enclosed loader-parker or roll-off type unless otherwise authorized in writing by the County Administrator. All collection equipment shall be kept in good repair, appearance, and in a sanitary, leak-proof, clean condition at all times. The Contractor shall have available sufficient reserve equipment to provide the service within the hours and days of collection required hereunder. Such reserve equipment shall correspond in size and capacity to the equipment used by the Contractor to perform its contractual duties. Equipment is to be painted g: \atty\agreemnt\NonExclusiveCommSW Agmt -16- '-" .." uniformly with the name of the Contractor, business telephone number and the number of the vehicle in letters not less than 3 inches high on each side of the vehicle. All vehicles shall be numbered and a record kept of the vehicle to which each number is assigned. No advertising shall be permitted on vehicles, except for events sponsored by the County, which shall be advertised on request. SECTION 7.04. SPILLAGE. The Contractor shall not litter or cause any spillage to occur within St. Lucie County. The Contractor may refuse to collect any Solid Waste that has not been properly placed in a Bulk Container, Roll Off Container, Standard Container or properly bundled or packaged. During hauling, all Solid Waste shall be contained, tied, or enclosed so that leaking, spilling, and blowing is prevented. In the event of any spillage caused by the Contractor, the Contractor shall promptly clean up all spillage. SECTION 7.05. COMPLAINTS. (A) All service complaints shall be handled by the Contractor unless otherwise changed by the County Administrator. The County Administrator shall notify the Contractor of each complaint communicated to the County. All complaints shall be immediately recorded on a complaint log by the Contractor. The Contractor shall provide a substantive response to each complaint within 24 hours after it is received by the Contractor. When the complaint is received after 12:00 noon on a Saturday or the day preceding a holiday, as specified in this Agreement, a substantive response shall be made by the Contractor no later than the next regular working day. Each complaint shall be fully resolved within 96 hours after it is received by the Contractor. (B) The Contractor shall supply the County Administrator, upon request, with a typed statement of all oral or written complaints (including copies of written complaints received) on a complaint form or other written format approved by the County Administrator, from any source and whether or not received and forwarded to the Contractor by the County. Such statement shall be in the format approved by the County indicating the date and hour of inquiry or complaint receipt, the nature of the complaint; if received on the day preceding a holiday or a weekend, it shall be addressed on the next working day if a resolution cannot be reached on the date of receipt. The Contractor shall provide the County Administrator, upon request, with a full explanation of the disposition of any complaint involving a claim of damage to persons or property as the result of actions of Contractor or its employees or agents. The Contractor shalt provide individual written notice to all of its Solid Waste Collection Service and Recyclable Materials Collection Service customers about complaint procedures, rules and regulations, and days of collection on an annual basis and whenever there is a change in service, days of collection or other procedures. The County Administrator has the right to require the Contractor to change such notice materials. The County may from time to time contact customers directly regarding the quality of service and disposition of complaints. SECTION 7.06. QUALITY OF PERFORMANCE OF CONTRACTOR. (A) It is the intent of the County to ensure that the Contractor provides a high quality level of collection services for Solid Waste and Recyclable Materials. To this end, all complaints g:\atty\agreemnt\NonExclusiveCommSW Agmt -17- .., ~ received by the County Administrator and reported to the Contractor shall be promptly resolved pursuant to the provisions of this Agreement. In the event legitimate complaints, as determined by the County Administrator shall exceed 2% of the total customers billed by the Contractor within the County Service Area and the City Service Area during any Fiscal Year, or 0.5% of the total customers billed by the Contractor during anyone calendar month, the County Administrator may levy administrative charges for those complaints, as set forth in paragraphs (1) and (2) of this subsection which exceed the percentage levels specified in this subsection. (1) Failure to clean up $100.00 per incident per spilled Solid Waste location and Recyclable Materials after reasonable notice; (2) Failure or neglect $50.00 per incident per to collect Solid location. Waste or Recyclable Materials from any premises at or within the times specified within this Agreement; (6) For performance failures by Contractor as specified in paragraphs (1) through (6) of this subsection, the County Administrator may levy administrative charges as follows: (1 ) Failure to keep vehicles $1,000.00 per vehicle incident and equipment in good per day. repair and maintained in clean, safe, and sanitary manner; (2 ) Failure to have vehicle operators properly licensed; $1,000~00 per day per incident. (3 ) Failure to maintain $100.00 per day per incident. office hours in the manner specified in this Agreement; (4 ) Failure to replace or $25.00 per incident per repair any container location. damaged as specified in this Agreement; (5 ) Failure to file and keep $100.00 per day per incident. current all documents and reports required by this Agreement; (6 ) Failure to resolve any $25.00 per day per incident. complaint as specified in this Agreement; (C) The County Administrator may assess administrative charges pursuant to this section on a monthly basis and shall notify the Contractor in writing of any the administrative charges assessed and the basis for each assessment. In the event the Contractor wishes to contest such assessment, it shall provide written objections to each contested assessment and, within 5 days after receiving g:\atty\agreemnt\NonExclusiveComm5W Agmt -18- 'w ....., notice, request in writing an opportunity to be heard and present its written defense to such administrative assessment. If the County Administrator and the Contractor can not agree on the contested assessment within 10 days after receipt of the Contractors written defense, the County Administrator shall forward the Contractors written objection and defense to the Board for consideration and shall notify the Contractor of the date on which the matter will be considered by the Board. The County shall notify the Contractor in writing of any action taken with respect to Contractors claims and the decision of the Board will be Final administrative action. (D) The assessment of administrative charges pursuant to this section is a supplementary remedy and does not replace any other remedies available to the County under this Agreement, or otherwise, for failure of the Contractor to provide a high qualify level of service. . SECTION 7.07. PERMITS AND LICENSES. The Contractor shall obtain, at its own expense, all permits and licenses required by law for its activities and maintain same in full force and effect at all times during the term of this Agreement. SECTION 7.08. WORKERS COMPENSATION INSURANCE. Workers Compensation coverage must be maintained in accordance with statutory requirements as well as Employers Liability Coverage in an amount not less than $500,000 per incident. SECTION 7.09. LIABILITY INSURANCE. (A) The Contractor shall, during the term of this Agreement and any extensions hereof, maintain in full force and effect general and automobile liability insurance which specifically covers all exposures incident to the Contractors operations under this Agreement. Such insurance shall be with a company acceptable to the County, in the broadest form available, in an amount of not less than $1,000,000.00 Combined Single Limit for personal injury, including death, and property damage liability and shall include, but not be limited to, coverage for premises/Operations . Products/Completed Operations, Contractual to support the Contractors agreement or indemnity. All policies shall provide that insurance shall not be canceled, limited or non-renewed until after 30 days written notice has been given to the County. (B) Current certificates of insurance evidencing required coverage must be on file with the County at all times. (C) Contractor expressly understands and agrees that any insuran"ce protection furnished by Contractor shall in no way limit its responsibility to indemnify and save harmless County under the provisions of this Agreement. Deductibles shall not exceed $10,000. As to the County's interest therein, no policy shall be invalidated by any act or neglect of, or breach or violation of any warranties, declarations or conditions by the Contractor or its agents, and such insurance shall be primary without right of contribution of any other insurance carried by or on of the County. Contractor hereby irrevocably waives all claims against the County for all losses of and damages to property or injuries or death to persons resulting from risks insurable under the insurance described above. g:\atty\agreemnt\NonExclusiveCommSW Agmt -19- -.. ..., SECTION 7.10. REPORTING REQUIREMENTS, BOOKS AND RECORDS. (A) In addition to any other requirements of this Agreement, the Contractor shall be required to file pertinent statistical and aggregate cost information pertaining to Solid Waste Collection Service and Recyclable Materials Collection Service that is requested by the County to comply with the provisions of Chapter 403, Florida Statutes, and other pertinent laws and regulations. (8) The County or its designee shall have the right to review all records maintained by the Contractor on 5 days written notice. (C) An annual audit of the Contractors gross revenues collected or received from its customers for Solid Waste Collection Service and Recyclable Materials Collection Service and the franchise fees paid to the County pursuant to Section 6.02 hereof shall be performed and a special report issued by an independent Florida certified public accounting firm acceptable to the County in accordance with generally accepted accounting principles and shall be"delivered to the County at the Contractors expense within 120 days of the 12 month period ending the Contractors fiscal year. The Contractor shall establish and maintain at its own expense during the term of this Agreement a bookkeeping, accounting and record keeping system to facilitate the preparation of said audit and shall preserve for at least 6 years from the date of their preparation, full, complete and accurate books, records and accounts in accordance with generally accepted accounting principles consistently applied and in the form and manner prescribed by the County from time "to time. Notwithstanding the foregoing, no annual audit or special report shall be required from any Contractor that is operating only as an Owner-Contractor. (D) If requested by the County Administrator, all information available to the County under this Agreement that is maintained by the Contractor on electronic media shall be transferred to the County on electronic media. SECTION 7.11. USE OF RECYCLED PRODUCTS. When available, the Contractor shall procure products or materials with recycled content with respect to work performed or products supplied under this Agreement. A decision to not procure such items must be" based on a determination that such procurement is not available within a reasonable period of time, fails to meet the performance standards set forth in applicable specifications or fails to meet the reasonable performance standards of the Contractor or the County. On an annual basis the Contractor shall provide the County with a written statement indicating what recycled products were used or supplied in its performance under this Agreement. If a decision was made not to use recycled products, the Contractor shall provide the County with a written statement indicating the basis for the decision using the above criteria. SECTION 7.12. POINT OF CONTACT. All dealings, contacts, notices, and payments between the Contractor and the County shall be directed by the Contractor to the County Administrator unless otherwise specifically provided for herein. g: \atty\agreemnt \NonExclusiveCommSW Agmt - 20- '-' '-II SECTION 7.13. PUBLIC WELFARE. The County shall have the power to make changes in or to impose new and reasonable rules and regulations on the Contractor under this Agreement relative to the method of collection and disposal of Solid Waste and shall from time to time be necessary and desirable for the public welfare; provided, however, that for any such rule or regulation, the County shall give the Contractor reasonable written notice of any proposed change and an opportunity to be heard concerning those matters. The method of collection and disposal of Solid Waste and Recyclable Materials set out herein shall also be liberally construed to include, but is not limited to the manner, procedures, operations and obligations, financial or otherwise, of the Contractor. The Contractor shall be reasonably and appropriately compensated as determined by the negotiation and agreement between the County and the Contractor for any additional services or other obligations required of the Contractor due to any modification in the Agreement under this section. SECTION 7.14. APPROVAL OF DISPOSAL SITE. All Solid Waste shall be hauled to a Solid Waste Disposal Facility operated, maintained or approved by the County. The County shall ensure there is a Solid Waste Disposal or Recycling Facility operated and maintained by the County. Any other facility must be in compliance with all local, state and federal laws. All Yard Trash collected by the Contractor shall be hauled to a facility authorized by law to accept Yard Trash. SECTION 7.15. INDEPENDENT CONTRACTOR. Nothing herein contained is intended or shall be construed as in any way establishing the relationship of co-partners between the parties hereto, or as constituting the Contractor as the agent, representative or employee of the County for any purpose whatsoever. The Contractor is to be and shall remain an independent contractor with respect to all services performed under this Agreement. Contractor shall be solely responsible for the acts and omissions of its officers, employees, agents, or any permitted subcontractors. SECTION 7.16. LOCAL IMPROVEMENTS. County reserves the right to construct any improvement or to permit any construction in any street or alley, which may have the effect of temporarily preventing the Contractor from traveling his accustomed route for Collection. The Contractor, however, by an acceptable method, shall continue to collect the Solid Waste and Recyclable Materials to the same extent as though no interference existed upon the streets or alleys formerly traversed. This shall be done without extra cost to the customers. SECTION 7.17 TITLE TO WASTE. The Contractor shall have title to all Solid Waste upon its collection; provided, however, that the County reserves the right at all times to elect to hold title and ownership to all or a portion of the Solid Waste collected (except Recyclable Materials) by the Contractor pursuant to this Agreement. Such election by County shall be in writing signed by the County Administrator. SECTION 7.18. PROMOTIONAL REQUIREMENTS. (A) The County shall be responsible for the development and production of promotional material, including but not limited to brochures, radio advertisements and newspaper advertisements, to introduce the Solid Waste Collection Service and Recyclable Materials Collection g:\atty\agreemnt\NonExclusiveCommSW Agmt -21- '-' 'WI Service. In addition, the County shall develop periodic promotional programs to encourage increased participation and enhance public awareness. (B) The Contractor shall insert an initial package of promotional material developed and prepared by the County in each Recycling Bin delivered to a Dwelling Unit. Thereafter at the Countys request (but not more than twice during each calendar year), the Contractor shall insert packages of promotional material developed and prepared by the County on the doorknob of each Dwelling Unit then served by a Recycling Container. If the Contractor cannot obtain the access necessary to comply with the foregoing requirement, the promotional material must be distributed by an alternative method approved by the County Administrator. (C) The Contractor shall also distribute any promotional messages or brochures developed and prepared by the County in the same envelope as the customer bills; provided however, that such distribution shall not occur more than once during each calendar quarter. Within 30 days of the effective date of this Agreement, the Contractor shall provide the County with a sample of a customer bill and a reasonable number of days prior to the billing date that brochures and copy for promotional messages must be delivered to the Contractor. SECTION 7.19. CUSTOMER SERVICE AND SERVICE AREA DISPUTES. To the extent permitted by law, the County Administrator shall be responsible for interpreting this Agreement to resolve disputes that may arise hereunder. The parties agree that any decision rendered by the County Administrator in connection with such matters shall be final and binding upon the Contractor, the customer and the County. SECTION 7.20. OWNER-CONTRACTORS. Notwithstanding any other provision of this Agreement to the contrary, if the Contractor is serving as an Owner-Contractor, t.he County Administrator may waive or modify any requirement of this Agreement that is inapplicable or unnecessary due to the special relationship between an Owner-Contractor and its customers. ARTICLE VIII GENERAL PROVISIONS SECTION 8.01. NOTICE. All notices, requests, certificates, consents or other communications required or permitted hereunder shall be in writing and (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated or mailed by registered or certified mail, (postage prepaid, return receipt requested), to the parties at the following addresses: County: St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Attention: Chairman, Board of County Commissioners County Administrator County Attorney g: \atty\agreemnt\NonExclusiveCommSW Agmt - 2 2- \. \wt ....", Contractor: Donald Mooney Container Systems, Inc. 806 S 40th Court Ft Pierce, FI. 34947 Donald Mooney or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery; (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. SECTION 8.02. DEFAULT OF CONTRACT. (A) The County may terminate this Agreement, except as otherwise provided in this section, by giving Contractor 30 days advance written notice, upon the happening of anyone of the following events: (1) If Contractor shall take the benefit of any present or future insolvency statute, or shall make a general assignment for the benefit of creditors, or file a voluntary petition in bankruptcy or a petition or answer seeking an arrangement for its reorganization or the readjustment of its indebtedness under the Federal bankruptcy laws or under any other law or state of the United States or any state thereof, or consent to the appointment of a receiver, trustee or liquidator of all or substantially all of its property; or (2) By order or decree of a Court, Contractor shall be adjudged bankrupt or an order shall be made approving a petition filed by any of its creditors or by any of the stockholders of . the Contractor, seeking its reorganization or the readjustment of its indebtedness under the Federal bankruptcy law or under any law or statute of the United States or of any state thereof, próvided that if any such judgment or order is stayed or vacated within 60 days after the entry thereof, any notice of cancellation shall be and become null, void and of no effect; unless such stayed judgment or order is reinstated in which case, said default shall be deemed immediate; or (3) By or pursuant to or under authority of any legislative act, resolution or rule or any order or decree of any Court or governmental board, agency or officer having jurisdiction, a receiver, trustee or liquidator shall take possession or control or all or substantially all of the property of the Contractor, and such possession or control shall continue in effect for period of 60 days; of (4) If the Contractor is convicted or found guilty of a Public Entity Crime with or without an adjudication of guilt, in any federal or state trial court of record as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nob contendere, and is placed on the convicted vendor list pursuant to Section 287.133, Florida Statutes; or (5) The Contractor has defaulted, by failing or refusing to perform or observe the terms, conditions or covenants in this Agreement or any of the rules and regulations promulgated by the County pursuant thereto or has wrongfully failed or refused to comply with the instructions of the County Administrator relative thereto and said default is not cured within 30 days of receipt of g: \atty\agreemnt\NonExclusiveCommSW Agmt - 2 3- "-' w written notice by County to do so, or if by reason of the nature of such default, and the same cannot be remedied within 30 days following receipt by Contractor of written demand from County to do so, Contractor fails to commence the remedy of such default within said 30 days following such written notice, or having so commenced shall fail thereafter to continue with diligence the curing thereof (with Contractor having the burden of proof to demonstrate (a) that the default cannot be cured within 30 days, and (b) that it is proceeding with diligence to cure said default, and such default will be cured within a reasonable period of time). No notice to cure a default shall be required if Contractor fails to perform under subsections (A) (1), (A) (2), (A) (3), (A) (4), (B) or (C) of this section. (B) Notwithstanding anything contained herein to the contrary, if the Contractor fails to provide collection service for a period of 5 consecutive scheduled working days, the County may secure the Contractors customer list on the sixth working day in order to provide interim collection services until such time as the matter is resolved and the Contractor is again able to perform pursuant to this Agreement. If the Contractor is unable for any reason or cause to resume performance at the end of 15 working days, all liability of the County under this Agreement to the Contractor shall cease and this Agreement may be terminated by the County. (C) Notwithstanding anything contained herein to the contrary, in the event the Contractor delivers Solid Waste to a facility other than the Solid Waste Disposal Facility designated operated, maintained or approved by the County, the County may secure the Contractors customer list and this Agreement may be terminated by the County. (D) Notwithstanding the foregoing and as supplemental and additional means of termination of this Agreement under this section, in the event that Contractors record of performance show that Contractor has frequently, regularly or repetitively defaulted in the performance of any of the covenants and conditions required herein to be kept and performed by Contractor, in the opinion of County and regardless of whether Contractor has corrected each individual condition of default, Contractor shall be deemed a habitual violator, shall forfeit the right to any further notice or grace period to correct, and all of said defaults shall be considered cumulative and collectively, shall constitute a condition of irredeemable default. The County shall thereupon issue Contractor a final warning citing the circumstances therefore, and any single default by Contractor of whatever nature, subsequent to the occurrence of the last of said cumulative defaults, shall be grounds for immediate termination of this Agreement. In the event of any such subsequent default, County may terminate this Agreement upon the giving of written.final notice to Contractor, such cancellation to be effective upon the fifteenth consecutive calendar clay following the date of the final notice, and all contractual fees due hereunder plus any and all charges and interest shall be payable to said date, and Contractor shall have no further rights hereunder. Immediately upon receipt of said final notice, Contractor shall proceed to cease any further performance under this Agreement. (E) In the event of the aforesaid events specified in subsection (A), (B), (C) ,and (D) above and except as otherwise provided in said subsections, termination shall be effective upon the date specified in County's written notice to Contractor and upon said date this Agreement shall be deemed immediately terminated and upon such termination all liability of the County under this g: \atty\agreemnt \NonExclusiveCommSW Agmt _ 24- '-" ..""" Agreement to the Contractor shall cease, and the County shall have the right to collect on the full amount of the Letter of Credit or utilize the Performance Bond and shall be free to negotiate with other contractors for the operation of the herein specified services. For failure to perform, the Contractor shall reimburse the County all direct and indirect costs of providing interim collection service. The County shall tender to Contractor any funds drawn on the Letter of Credit and not used as provided herein. (F) The Contractor recognizes that the failure on the part of the Contractor to comply with the terms of this Agreement is likely to cause irreparable damage to the County and damages at law woù/d be an inadequate remedy. Therefore, the Contractor agrees that in the event of a breach or threatened breach of any of the terms of the Agreement by the Contractor, the County shall be entitled to an injunction restraining such breach and/or to a decree of specific performance, without showing or proving any actual damage, together with recovery of reasonable attorneys fees and costs incurred in obtaining said equitable relief until such time as a final and binding determination is made by the court. The foregoing equitable remedy shall be in addition to, and not in lieu of, all non-criminal remedies or rights which the County may otherwise have by virtue of any breach of this Agreement by the Contractor. The County shall be entitled to seek injunctive relief without the posting of any bonds or security to obtain the entry of temporary and permanent injunctions and order of specific performance enforcing the provisions of this Agreement. The County shall also be able to seek injunctive relief to prohibit any act or omission by the Contractor or its employees that constitute a violation of any applicable law, is dishonest or misleading. The Contractor expressly consents and agrees that the County may, in addition to· any other available remedies, obtain an injunction to terminate or prevent the continuance of any existing default or violation, or to prevent the occurrence of any threatened default by the Contractor of this Agreement. SECTION 8.0'3. INDEMNITY. For the additional consideration of $10 and other good and valuable consideration, the receipt and sufficiency of which is acknowledged by the execution of this Agreement, the Contractor hereby covenants and agrees to defend fully, protect, indemnify and hold harmless the County from and against each and every claim, demand or cause of action and any and all liability, fines, cost, expense (inCluding but not limited to reasonable attorneys fees, costs and expenses incurred in defense of the County, even if incident to appellate, post judgment or bankruptcy proceedings), damage or loss in connection therewith which may be made or asserted by the Contractor, the Contractors employees or agents, or any third parties (including but not limited to the County) on account of personal injury, death, damage or property damage caused by, arising out of or in any way incidental to or in connection with its performance hereunder, including, but not limited to, the usage of the County's Solid Waste Disposal Facility and for all claims and causes of action for violation of any permits, rules, regulations or due to the placement or disposal of any Solid Waste. At the election of the County, the Contractor shall contest and defend the County against any such claims of liability against the County, The County shall in any event, have the right, through counsel of its choice, to control the defense or response to any such claim to the extent it could financially affect the County. This indemnification shall also include any claim or liability arising from or in any way related to actual or threatened damage to the environment, pollution, agency costs of investigation personal injury or death, or damage to property, due to a release, alleged release, or improper handling by Contractor of Solid Waste regardless of the merits 9: \atty\agreemnt \NonExclusiveCommSW Agmt _ 25- \.f ..., of the claim. Only those matters which are determined by a final, non-appealable judgment to be the result of the negligence of the County or the negligence of a third party who is not an agent, employee, invitee, or subcontractor of the Contractor shall be excluded from the Contractors duty to indemnify the County, but only to the extent of negligence of the County or such third party. For the purpose of this section, the term County shall be deemed to include the Board and its agents, employees and affiliates. For purposes of this indemnification, claims shall mean and include all obligations and representatives, actual and consequential damages and costs reasonably incurred in the defense of any claim against the County, including, but not limited to, reasonable accountants, attorneys and expert witness fees, costs of investigation and proof of facts, court costs, other litigation expenses, and travel and living expenses. The County shall have the right to defend any such claim against it in such manner as the County deems appropriate or desirable in its sole discretion. This indemnity shall çontinue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement. SECTION 8.04. CHANGE OF LAW. (A) The parties understand and agree that changes in law in the futl,lre, including, but not limited to, legislative, judicial or administrative changes, which mandate certain actions or programs for counties or municipalities may require changes or modifications in some of the terms, conditions or obligations under this Agreement. Nothing contained in this Agreement shall require any party to perform any act or function contrary to law. (B) To the extent that any current law or any law effective after execution of this Agreement is in conflict with, or requires changes in, the provisions of collection service or exclusive rights set out in this Agreement, the parties agree to enter into good-faith negotiations for the resolution of any such changes in this Agreement as a result of a change in law. (C) Except as otherwise expressly provided herein, no remedy herein conferred upon any party is intended to be exclusive of any other remedy. Each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exèrcise by any party of any right, power or remedy hereunder shall preclude any other or further exercise thereof. SECTION 8.05. APPLICABLE LAW, JURISDICTION AND VENUE. (A) This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. (B) The parties to this Agreement expressly consent to the jurisdiction of and agree to suit in any court of general jurisdiction in the State of Florida, whether state, local or federal, and further agree that venue shall lie in St. Lucie County, Florida. SECTION 8.06. ATTORN EYS FEES. In the event of any dispute hereunder or of any action by any party to this Agreement to judicially interpret or enforce this Agreement or any provision hereof, or in any manner arising from this Agreement, the prevailing party shall be entitled to g: \atty\agreemnt\NonExclusiveCommSW Agmt - 2 6- ~ ...", recover its reasonable costs, fees and expenses, including but not limited to, witness fees, expert fees, consultant fees, attorney, paralegal and legal assistant fees, costs and expenses and other professional fees, costs and expenses, whether suit be brought or not, and whether any settlement shall be entered in any declaratory action, at trial or on appeal. SECTION 8.07. AMENDMENTS AND WAIVERS. No amendment, supplement, modification or waiver of this Agreement shall be binding unless executed in writing by all parties hereto. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision of this Agreement, whether or not similar, unless otherwise expressly provided. Each such amendment, supplement, modification or waiver of this Agreement shall be filed with the Clerk of the Circuit Court of st. Lucie County. SECTION 8.08. ASSIGNMENT. No 'assignment or subcontract of this Agreement or any right occurring under this Agreement shall be made in whole or in part by the Contractor without the express written consent of the Board, which consent shall not be unreasonably withheld. Assignment shall include any transfer of 20% or more of stock or control.in Contractor. The Board shall have full discretion to approve or deny, with or without cause, any subcontract, any proposed assignment or assignment by the Contractor. Any assignment or subcontract of this Agreement made by the Contractor without the express written consent of the Board shall be null and void and shall be grounds to the Board to declare a default of this Agreement, and immediately terminate this Agreement by giving written notice to the Contractor, and upon the date of such notice this Agreement shall be deemed immediately terminated, and upon such termination all liability of the County under this Agreement to the Contractor shall cease and the Contractor shall be deemed to have failed to perform its obligations under this Agreement, and County shall have the right to draw and collect on the Letter of Credit or require performance or indemnification from any surety. In the event-of any assignment with the consent of County, the assignee shall fully assume all the liabilities. of the Contractor, provided, however, that such assignment and assumption shall not relieve Contractor of any liability or responsibility under this Agreement. SECTION 8.09 DISPUTE RESOLUTION. Any disputes relating to interpretation of the terms of this Agreement or a question of fact or arising under this Agreement shall be resolved through good faith efforts upon the part of the Contractor and the County or the County Administrator. At all times, the Contractor shall carry on the work and maintain its progress schedule in accordance with the requirements of the Agreement and the determination of the County or its representatives, pending resolution of the dispute. Any dispute which is not resolved by mutual agreement shall be decided by the County Ädministrator who shall reduce the decision to writing. The decision of the County shall be final and conclusive unless determined by a court of competent jurisdiction to be fraudulent, capricious, arbitrary, so grossly erroneous as to necessarily imply bad faith, or not be supported by substantial evidence. SECTION 8.10 MEDIATION. Prior to initiating any litigation concerning this Agreement, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the g:\atty\agreemnt\NonExclusiveCommSW Agmt -27- \..f ..., mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. SECTION 8.11. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and supersedes all prior and contemporaneous agreements, understandings negotiations and discussions of the parties, whether oral or written, and there are no warranties, representations or other agreements between the parties in connection with the subject matter hereof, except as specifically set forth herein. A TrEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: DONALD MOONEY CONTAINER SYSTEMS, INC. ì ¡ ;)7 /£~ , /íðli/4:rtt ." þM ,61'111- BY: Print Name: V()-tí'¿ /tj~Øz~Þ' í g: \atty\agreemnt\NonExclusiveCommSW Agmt _ 2 8- , w.....----- --- 'lIIlEM NO. 3-B DATE: 5/24/05 REGULAR () PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: CSY\~. ~\b L SUBMITTED BY: Solid Waste Division ~ Leo J. Cordeiro S Id Waste Ma a er SUBJECT: Staff requests the Board approve Equipment Request # EQ05-325 for the purchase of eight (8) mobile radios ($1,668.55 ea) from Motorola for a total amount of $13,348.40, Equipment Request # EQ05-326 for two (2) Intec Camera Package ($1,246.00 ea) to be installed on the Caterpillar 930 Loaders from Container Systems and Equipment Co., Inc, in the amount of $2,492.00 and Equipment Request # EQ05-327 for the purchase of two (2) light plants from Kelly Tractor ($7,303.00 low quote) in the amount of $14,606.00. Funds are available in the Machinery and Equipment account due to management decision not to purchase EQ05-243 and EQ05-244 (55' Trailer) in the amount of $24,100 each. AGENDA REQUEST BACKGROUND: The radios will be installed in eight (8) separate pieces of heavy equipment that have no communication capabilities between the operators and other landfill staff. The Intec Camera Packages will be installed on the two (2) loaders used on the tipping floor. This will provide the heavy equipment operator a clear view of personnel and traffic behind his vehicle. The two (2) light plants will be used to allow night operations. FUNDS AVAilABLE: 401-3410-564000-300 Equipment & Machinery PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board approve Equipment Request # EQ05-325 for the purchase of eight (8) mobile radios ($1,668.55 ea) from Motorola for a total amount of $13,348.40, Equipment Request # EQ05-326 for two (2) Intec Camera Package ($1,246.00 ea) to be installed on the Caterpillar 930 Loaders from Container Systems and Equipment Co., Inc, in the amount of $2,492.00 and Equipment Request # EQ05-327 for the purchase of two (2) light plants from Kelly Tractor ($7,303.00 low quote) in the amount of $14,606.00. Funds are available in the Machinery and Equipment account due to management decision not to purchase EQ05-243 and EQ05-244 (55' Trailer) in the amount of $24,1 00 each. COMMISSION ACTION: ANDERSON TV ADMINISTRATOR r .,~ 1: Q() APPROVED () DENIED ( ) OTHER Approved 5-0 Coordination/Sianatures County Attorney ( ) Mgt. & Budget (X)CZf- Orlgineting Dept. ( ) ~ Public Works (X) Finance: (check for copy, only if applicable)_ Purchasing (X) ¡;¡ r Other ( ) ...., PUBLIC WORKS DEPARTMENT SOLID WASTE DIVISION MEMORANDUM TO: Board of County Commissioners FROM: Leo J. Cordeiro Solid Waste Manager DATE: May 4, 2005 RE: Radios Light Plants Intec Camera Package The solid waste operation has expanded due to the explosive growth in St. Lucie County. As a result it has required extra equipment and safety items. The radios will be installed in eight (8) separate pieces of heavy equipment that have no communication capabilities between the operators and other landfill staff. The Intec Camera Packages will be installed on the two (2) loaders used on the tipping floor. This will provide the heavy equipment operator a clear view of personnel and traffic behind his vehicle. The two (2) light plants will be used to allow night operations. Please contact me if you have any questions. LJC:dls '-' "w1I Gii 8 .s::. VI ~ 1! . C') :!::~'5 § ~ ::J æ tn c: 0- ~ ,gi!:g 0:: B=~ 0 Wan ..... ï:: ~ ~ Zo ::J:g _ , 00 E.- .. ..... e~õ 0 _N ..,. tn' Q)- tng g g¡ ~ -0 ~ ~ (Q :EN 1! . iQ ~ :Eo:: Q)~1t) z 0« ~.2 9 :;) ~,... 0 OW g> .- ¿; CJ .- c: ~ ~~ E::J..... 2 E g¡ E ~ Z « II) ~ 8'e- ::;) 0 ~ I!? .2 ~ o ~ (Q o tn N -I!!.s::. o ¡¡ iìS I!!....~ w ~.E!W LL 0:: !c 0]<9 000 c: ..J C LL ~ !Æ~ 0:: I- Z ~St) «tn~ 'E~~ oWoCt ~'6ð CO::;) .~ ~- ~ß ::J c: iæ~ zO:: ~~E .!~~ ::;)1- õ~~ OZ OW ~f!~ W:E ï5..~ 8 -0- .......~.s::. 0- ~~(,) ::;)::;) J;:::Jæ It) ..JG Q>VlCQ N C') W 'Q) 5 E .n ...= ~5¡;¡ 8 (Q a. tn il~ w I- ::J ~ !Z w 2 a. 5 a w It) o o N en o :>. «I ~ $ ~ ro Q) o Õ ::¡ a < ~ o ~ o ~ o ~ ~ en = .c - II) C M C II) C Vì N M M M ....:1 ¡.¡.. I) rJ:¡ .¡:: c ::¡ CZJ .¿ ciJ "'Ö õ5 ;>, a: ~ ¡:l.. "'; c .S ...... ro E I) ...... ..s 0\ 00 r- '; (I:J o Q. o ¡., ~ ¡., ~ bJ) e:: = e:: :; .. = = o c.J c.J -< ~ e::: UJ ~ o f0- CI) ::> u .9 ~ c. Q) :E U U) ~ er- r- r- ~ "" .... r- ~ '" ~ CÞ :ë ns >- ns D. f1 ... c: ~ o IJ IJ <I: )( œ o en I- III (I;? iÏi :g <C .... - er- 00 "" .... r- ~ '" ~ è¡¡ c: o .c Q.. III CII c:: :f >- o .. I- () ... C/) cu ;: :E Õ tJ) ~ r:: C/):I ~ 't 0 ~ t-¡ ()o~ .c () ~ 0"- N 0: g ~ r::.JÑ 0.,:,... 0:tJ)!:::.. ;;., = "CI Q, .. c<S Q. Q, .. ~ Q: ~ ~ ~ t2<COLL o Cl. :r: UJ ::!: Cl. Q: 0 <C () Cl. UJ Q: Cl. ~ g g ~ ~'-" '¡: 0 0 N \C> a.00\C>0\- Š6:}~~ o-II'! I-II'! 00 00 ()OO U\C>r- -¡: :} ~ a. II'! .... ï: ::) ~ = ... c.J ... '"' ~ "C = c<S '" - ... c<S .... Q, ~ .... = Q, e Q. 'S C" ~ ~ ~I~ t")0\C> II'! - \C> II'! _^ II'! N ..s:: ~ o r- oo .,,¡. .2 ~ '0 0 «I .- o::"'g () ~ :ë~ OoD ~~ gg It) V) .... - ...J""¡ 1-1- xx þ c '" ~ ~ "0 Q) "0 C Q) t< ¡.¡.¡ a.i o {) ::> 'E -< '" Q) Q:\ C CI) o ß g; o ¡: Q) ~ -< ~ 0,5 ¡,;:j 3 c3 ~ -< Q:\ i'3 zo>-- -<t")N "öö :I:oo ~-<-< z ~ ~ 0\ -I~ ()::>O\ '0000 ONoo ~~o ~ r-~ N 00 ~oooooooo 'ëÏi = "S. c. :.= III '" oS !r¡ Q Q N ;.. = ~ .... o 'C c: Q) Q) .c: - - '" Q) :ë .:! "¡; ... -< ~ - o Z ~ ~ \C> U N Q '$ .... = '" - = o U 'C '" '" o = ë o .c: .... CI) ;.. - = = o U .c: .... '" Q) = 8 -; ~ Q) .c: - '" Q) c. :E -; ... ~ = "ü "C ~ o 'It cö 'It C"') M .... tit """" ...J « b I- W ~ a. w I- o ::) a f1 c o -0:2 c-o cac cO 00 :0::-0 cac õns ~f1 OE .... '" OCÞ (1)1- UIII c' ca.!!! "'0 ... (1)0 U'" uO <I::E (I) E ca z - c .¡: 0.. ! ::s .. ftI C CI ¡¡j iii ð .. Q. .î .. GI 'C .. o GI 1/1 ftI &:. I:! ::s Q. 'C GI GI Z o w ::; n. ~ e:: '0 0 æ UJ W '00000 vi ~ ~ ~ ~ E ~~" ~ .; EWB: 15 G) .Q.cña:: r¡ E ::11-:5 '5. ~ g g ::> g. .!!! ~ 8 u (IJ ~ 15 ~ 'E if <en. -g E 00 co c. ëti w < :t) "g. .,g ffi c: ~~: .~~~ ~cüTI= ë.O~ ~us~ !~w ~.~-().; û)t-rE ~~~~ a)~f2~ "'-tš:g .~~....z ~.s:S.9 ~c:u< ~_"C'OG> Q.u)~ ,!i.E 8.~ ~ _ .s~E0ã5::J(f.):J ~i~~~g.¢::]~ëë j~i~~~i~E~ ~~c:~coÕ~.2~~ '¡¡~ii~!i~ffi ~~!!~~~'~i:i~~ ~~·i~:~.gªiSlo 1ij.5;'::¡ "'É ~Q)>:~ ¡ß "'''C:o.~~.e~~~~ffi~ z:o=.t:o~.~g!~J:~ o~t/)~E wc:~.... ~]§.E.ê,¡¡ g>~(IJ_O ~ õê~---eti:E~æ~;: ~~:eã5.8~::~E<o ê K >.m.E 'Ó.~~ w Uõ8.·_ro.E"'CQ)cr~::¡ 04)t/)~E.Q)"æëtiCL)~~_ ä·~ ~ c'E 0 >êñ'Eu CI)~GJ8.E\1)~eQ)~CI)W ~"x.c:J .-m'~c:ë5J: II: (IJ';; on·g.·!: '0 ~s<!: I- WID>cn5-\J!!Q)U).,JC!) l-œ;n~Q)~g£·IhO~ LLI ( U' "'C ctI cr 0 .!2 a::: ~ b!!~'~~~ID~~~3 ~ðæ~ð§æ§~~~ NM.¢ L[)(C)""': (I) ~ ¡:: - c .¡: 0.. c (I) c CI ¡¡¡ ~ It ::) :L w u ii::5 n.o we:: ~~ o~ ~::t ~ D..- ~ w~ !! J: I- ::1 I-z c. ow (IJ I-Ïjj ,:; fao .t t:~ ~ ~d ~ ~~ ¡¡¡ :d ~ ~~ ~ 00 e:: II> I-<!: J!:! gf:3 ~ o <.? à. o <!: >- e::::; c: ~ i3 ,~ we:: ¡ß ~ ffiO<'?E O(l)<!:(IJ ¡§~~:¡ij w(J)QC: ï=g~~ ::;J:¡:::g ouz'" œ: :¡: W 0 U.~ðë <.?o~!J ~.... Z'~ OOl-oc: ii:1Du8 <!: n. e:: ,!: Ç:OOo >- ¿~~~ OOJ:I- (IJ :3t=~~ -,~Qï¡; ~ ~ ~ ~ o u - c. ~~¡§'§ :5~U. II> on.~E e::WOO!J o J: ~ (IJ b~~~ ::;0001- cri a) '-' "WI ~e In Q) ~ E 8 ~ 5 ('t) »Q) I 0 en ~~ 8 0:: ëJ!3 ~ W&n Q) I: 0 E Q) Zo 1:"0 ..... 00 .g '8 ~ > œ I ..... _N 1:_ 0 en· Q) I: ~ en~ Q) ~ :; Q) -0 ... "00. :EN æ.s ~ ~~ e E ~~ z ~~ ~ OW 0 ~~ - Q) 0 ~~ ~ õœ Z <C It) Q) .!!! ::)O~ .~ e In Q) o en £::! Q) E O-It) ~5 LLw LL 0:: ~ -In Q) .- ~.I::. 000 ol- e LL ~ 'Ë e ._ ~ I- Z Q).I::. en~ "0"0 œ I: o W< o ._ ...J.I::. m::) o! M ~g O)~ ! In -.s zO:: I: '- 0.s ::)1- ~ e OZ I: 8- OW ~ 0 ~Q)o w:E !=C! _D. '-co -.g~ 0- jQ)c-.¡, ::)::) -..... 1n:E!E/'t ..JO e In Q) co .w Q) In "" N E8.œ ('t) I- 5 .S g¡ .b en 1nC) 8 ~.- ~ w Q) :t: () .I::. -œ I- .5 0. 8 ~ !ž w :& 0. 5 a w --.......__ .... II' ., _..__........__. .- I'''' '-" ...., PAGE t OF 2 CUSTOMER NO. BUYER/LESSEE: ADDRESS: CITY: Ft Pierce STATE FL"ZIP'-''''''--'''' INDUSTRÿ'ëoDE:--"'."'" __"'H''''__' SALES CONTACT: f~obertBr()wñt1'''''''-''''''' -...........'.. ( s ) SALE ( )cÓNDïfiONÃišÃCË-.'.l---.-LEÃSE MODEL # Wacker SERiAL # ,~.." -··'[ÿ'êTL·...'··- -_.- ,.,,-. --- .-"" .~Ight T OY!!~..!!..i.t.~.cél~!i~.P.ma.!j~[~~ê(~~QI_n..!~~·:~:::..'::.:'~~==_=:=--==::~~::....... ...~.:.. QUOTATION AND INVOICING ORDER .~t):~u~i~.Ç~un~J~.~!!~)·\I!!!.!........---. SHIP TO:...... .......'...... DATE 05/02/05 .--"--"..,..,......._~-~._..,-".-. '."" _._-....-_._-~.. --~_.,...". .~..."....-...........".....- ,. .-~......__..-..-..-.._. ,. .-........--...,....-..'" ........___n...'_'_". . ,,-..~-,'.--- "-.-' ~-""'------""'''-'-'''"'-' ._.._u__...._,_...__~."..._.·~..,,__..__·_·-· , -~........._~"....~... ~ .~,-~-_..""'--~-,,..... ^'. 'ŠËRVICÉccriIrÀëT:' .........---.......... ....' ...'--- ( ) RENT AL····Ö·¡:·Tt·Ü§-FOL L~vTÑ¿fÊë.iûIPMeNT ..".."..-..-.......- --,~~_.-...--~.-'.- .~---_...__..-.. .._'W"·_'·"_"_·'·__"__··~· ....".. .-.-.....".......-.." -"-",--..~,-,,,. .........___'........ ....,"_ _..'.._...........__.,_,___,_..-...~..___'"~. ".".___.-.-. ......_........... 'b" ._..~__.,...".. ......,,_._.-._..-_..-.....-..~..~-"~..' .. ..'"" ."_...".~........".~~q.,, . .._~-~.._,---~~------ ..' -----..----,.-".-- PURCHASE INFORMAnON PURCriASEI CON'ÆRSION PRICE: I.ESS TRADE-IN YEAR MAKE MODEL ~--,,,--~-~~"-'''. ,."-,",.._-_...-_._,---~...-...~ SIN SUBTOTAL ...,-,.-...--.----.-------"..- ,_....__.__,s,ALES T~"....~,,,......,,..........________...._..,__._......_,__...... OTHER TAX ... .._..__ ...__ ,_. ___._.__. ...."....,.._~_............_..',.-...-_._ .,..,~.·Á,__.··___.·...~·..,....._~~..__~,_·__··_____ INSURANCE .....~-..._..._--....--..--""".......~.-...........------"^--'-- -- - .-~,"--~.,-_...'"_._---,..-_..,. .'.>.~.!?!,,~Çlf Ä>lpllœb.'e..J........................,.... .,..__..__..,._. ... ....,...._...._.... DOWNPA YMENT :!Qi'ÂL?..~~Ç..¡¿:~¡Ë·:~~~y~."._.. ' ...................¡ FINANCIAL INFORMATI()N $7,303.00 FINANCED AMOUNT _._....._...._.__-..______-___..-."._.___"...._...._.............'._ .~.. u DOC STAMPS; REO FEES ____.N_.._.._..._...._._.._..___.··_'··..·-..·,.··'....'__n... ..-~. ~.!:E~~~,£~_~~º~.T...."...........,.. .,. , -. ..---.- ..-......._.... _ .~_.·u..·~..·..~··..___"· ....-.....-..'...-..... '--'-'-'-"--¥- .............. _.'_.--_...-.~~..~- PRIC::: . PLUS INTEREST@ for Month. ...--...-..... ...- . ___."S.!!~c..~~~o.. OUE IN BEGINNING I~STALLME"'T(S) OF ...._"._.....,_._..__...._,_._..._'-~"__~.'m _.----_."._-.-._---~......~-..__._~~-.-..^'.. . _.~..--_... ._.'..-._....-......~ .-...... .-...--.. .... ,_., .,'..,.....-'..._.~-.".,-,..- 'NT:REST ADDED AT -..------... S¡';iFi CPERA"TION NOT TO EXC¡;ED PER~OD CHARGE FOR OVER USE AMOUNT DUE PRIOR TO DElIVERV VALUE FOR INSURANCE PURPOSES ,_. ..........n"'.,..~,_.,.·.. .".~____ INSURANCE IX) ACCEfJ'TS. Customer elects 10 have the ec¡uipment ceverao under the loss Damswe Waiver I ess app'icable deddblè. o DECLINES. Customer impHcitly guararteea that he will secure InsiJrance coverage for the eqJipment In 1/'1. amcul'\ts and manner spe.C:f1ed In paraor¡ ph 8 ¡)f this contract FAILURE TO SECURE COVERAGE WILL RESULT IN THE CUSTOMER ASSUMIN3 ALL LIABILITY FOR THIS EQUiPMENT. IF NO ELECTION IS MADE L.OSS DAMAGE WAIVER WILL. BE SECURED AT THE CUSTOMER'S EXPENSE. CUSTOMER AND KELLY TRACTOR CO. API'ROVAL Le!!see a Jthorizes Kelly Tractor Co. 10 file JCC-1 Financial Statement(.) and any and all UCC conllnuatior, statement(s) and/or other UCC forms .....ith !he applicable slate. lessee represents and warranties that the InformatJon "rovided hare''''' or in connection 'llith this agr.eme.,t. IncludlnQ. but not I mlted to their rame. residence or state of incorporatlOl'\ or fOlmaflo.1, and tax ldentincation numbers, Is tl\ie and ocrrect. 'By signing below. Suyer/Lessee BCknow,edQ9s that they have recei'ied the two pages of tlÜs documønt and agrøes to: (1) the tlSrms and concitions set forth on both pages :Jf this document and any addendume attached heroto; (2) pay iii; applj2ble taxes wrlich :nay be le'Aed or asseesed: and :3i pay for all da1lagas to the eouipment... $7,303.00 1==:=:=::·..····..·'··-····· .. ....:.:=~~=:::,._---_.:~:.:.::..::~=~~'~...:.:.==="......" LEASEIRENTAL TERMS LEASE:iRe:.N.!Þ.-~..RA !É..... ..,.,._,_................................................ ...., MINIMU M LEASE PERIOD M ontha MISC A~PLI:D TOWARD PURCHASE ',,' -...._~.-.._........-.,_... ,""" .- --.,,-.,,-....'..-, ..""._"...,_....._...~..-." ...""",""...~", '".~_.........~_.__.._---..._-"...~ .." _.... ~...- ,,~...... 6.00% SALES TAX ..-_H..... .._._.....__._.___.___.~*.'_._._.. __~_..,'..,""__...'"......."M...."_.."..."',.. '....".. -,'" .,..-." ,.",,-..-......,.....' ~.._- - .-.-. ..-- -.-- -.-,... OTHER TAX INSURANCE :iª!~i~_~~~~~~~~~~~.T ..."_._........ ._._1 TRANSPORTATION (PLUS -AX) .__.______.. INITIAL LEASEIRENTAL PERIOD BEGINS -_....._-~.,,"....,..- .. n_ ~,___..~....-,'N^ ._,.·c"'....··~·"-· ___ . APR BEGINNING --- SERVICE HRS !;)ERRENTAL ; PER HOUR .-~,-.<"._, _.¥._.__...~_.. . . -.".."..._.._..,"'---~--_.~.._~."._-- ". CUltomer Approval Titl. Salesman Allan Mayhugh Sales Dept. Approval Crldlt Oept. Approval Contract Number Purchase Order No. Ravine!: T111(14 '-' 5390 5 US 1 Fort Pierce, FI 34986 Bill Dirienzo Phone 772-216-4199 Fax 772-464-0147 FAX TRANSMITTAL FORM ~~~·ilb To: 5t Lucie County Name: Robert Brown CC: Phone:772-462-1984 Fax: 772~2-1908 ,..", :>!V'1_I!W~---~ From: Bill Dirienzo Date Sent: 4/22105 Number of Pages: ____ij..~_.~ illIØI!I1"" ~._J.-"Wj':I: ¡¡.~o.w .__...______---------A-.¡:,..I,....:< Quotation Description Wacker Light Tower L TC4L Please call if you have any questions Thanks, Bill Dirienzo . , Price $7,835. I Robert ~rown - BTC84MH.doc \..f BOSS page.!J """" Chambers Power Products, Inc, Light Towers & Gen-sets 1-866-534-0239 1-215-752-6511 The "Tour Model" Cateruillar Diesel 8kw Tower #BTC84MH Special Features: . Ergonomically engineered for fast turnaround servicing -External fuel gauge and filler -Easy access to oil, fuels and air filters -Obstruction-free oil and fuel drain plugs -Quick and simple trouble shooting Labeled components· Color-coded wiring Individual lamp circuits· Slide-out ballast tray . External wiring boxes for ballast and fixture connection . Bolt-on replaceable parts -Fenders, outriggers, doors, etc. . Fork-lift attachment -Allows 1 person to conveniently load & unload towers . Rust-Preventative Finish Process -Hot-dipped galvanized trailer frame, fenders, outriggers and boom sections -Stainless steel & zinc plated hardware. 1 ~~ ..' ~ -----=- ~ ........... I' I 1 Specifications: Caterpillar water cooled diesel engine , Cold Weather Start Glow Plugs . Engine safety shutdowns .8000 watt generator,60hz, 1800rpm .25 Gallon (48 hr.) fuel tank . Control panel: -Individual light switches -Hour & amp gauge 2-120v GFCI Recpt. 4-1000 watt Metal Halide Floodlights . 25 ft. telescoping tower _360· rotating tower -Dual manual winch . 4/1000 watt Metal Halides -3500 lb. axle -15" radial tires with white spoke rim Dimensions: 12.5' L x 5.' W x 6.0' T Wt: 1800lbs each. ¡RObert ~rown - 'Mime.822 ~ "wi Return-path: <todd@cpowerproducts.com> Received: from maiLstlucieco.gov (slcvw.stlucieco.gov [172.16.0.12]) by maiLstlucieco.gov; Mon, 02 May 2005 17:44:23 -0400 Received: from 15MIN220957.ns13.worldics.com ([66.246.72.89]) by slcvw.stlucieco.gov with InterScan VirusWall; Mon, 02 May 200517:44:14 -0400 Received: from toddpc ([68.96.146.87]) by ns13.worldics.com with MailEnable ESMTP; Mon, 02 May 2005 17:43:03 -0400 Message-ID: <001 d01 c54f62$fa944eeO$0464a8cO@toddpc> Reply-To: "Todd Chambers" <todd@cpowerproducts.com> From: "Todd Chambers" <todd@cpowerproducts,com> To: <brownr@stlucieco.gov> References: <20050502-12142595-20C@15min220957> Subject: Light Tower Quote on BTC84MH... Date: Mon, 2 May 200517:04:53 -0500 MIME-Version: 1.0 Content-Type: multipart/mixed; boundary="--= _NextPart_OOO_001A_O1 C54F39.0F228D60" X-Priority: 3 X-MSMail-Priority: Normal X-Mailer: Microsoft Outlook Express 6.00.2900.2180 Disposition-Notification-To: "Todd Chambers" <todd@cpowerproducts.com> X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.2180 ____= NextPart 000 001A 01C54F39.0F228D60 Conteñt- Type: tëxtlplãin; - format=flowed; charset="iso-8859-1 "; reply-type=original Content-Transfer-Encoding: 7bit Mr. Brown, This is the quote you are expecting. If you require additional information you please visit our web-site... www.bossltg.com Type Model# into PRODUCT SEARCH. This is bring you to extended spec sheet. Quote: Qty: 2 Units Model BTC84MH, Caterpillar Diesel Engine Price each: $8,800.00 Shipment: 7 to 10 days ARO' FOB: Midland, TX. See attachment for spec With regards, Todd Chambers - Original Message --- From: <brownr@stlucieco.gov> Page 1 ! l \ I I I I I ____J '-' ""'" ~ ~ g Q) :; § tn 'S .E ~ ~ :t: ~ Wit) Q) Ò zo :is ~ 00 I!! ~ g I _N ~ 0 tn- .I!! ~ tn~ c: ::J -0 ~ ::EN "'0 ::E~ "5 t! 8~ ¡ z æ :J 0 ~~ ~ CJ 2> ~ Z c( II) 32 u :)O~ bš o tn N Ou:~ 1: W .2' LL ~ ~ c: 000 ~ cLLê§ .s ~ I- Z .! c(tnW I!! W~ 8- 0:) 0 lOa ,g ~ ~W m Z~ ~ :)1- OZ ~ OW 1'0 w::E ~ _0.. ! 0- 1: :):) ~ ..Ja g ~ W (") ..= j ~ tn Q) 1! W l- S W 0:: I- Z W :IE Q. 5 a W ,. . '-" Container Systems & Equipment Co., Inc. P.O. Box 249 '1aytona Beach, Fl. 32115 Ùl: (386) 253-5555 ...",¡ PAGE: 1 INVOICE NO. APPLY TO. INVOICE DATE CUST. NO. SLCSW tn ST LUCIE COUNTY SOLID WASTE tn ST LUCIE COUNTY SOLID WASTE 0 RON ROBERTS !:é ,........,.~ ....,....T""IT':"T""I/TI,... t1 H ","v¡,\II ,L\.v.&..J................., tI ATT: RON ROBERTS ItJ ATT: RON ROBERTS t-i 6120 GLADES CUTOFF RD t-i 6120 GLADES CUTOFF RD 0 0 FT PIERCE, FL 34981 FT PIERCE, FL 34981 ITEM NO. Daytona Beach DATE SHIPPED 3/1712005 BUYER P.O. NUMBER SHIP VIA UPS REGULAR F.O.B. TER1\1S DATE REQUESTED 3/17/2005 LOCA nON Dl SALESPERSON TERRITORY Bill Young DESCRIPTION QTY QTY QTY ORDERED BACK ORD SHIPPED UNIT PRICE EXTENSION PKG 1 o 1 1,246.00 1,246.00 CVM450LPPA (DIRECT SHIP--24776) (DAYTONA) (DAYTONA) i Return Material will be accepted only with prior approval of Container Systems and Equipment, Co. Material must be in original containers and is subject to a 15% restoc~ing charge, Our tenns are Net 10th PROX: All past due invoices will be subject to a ) 1/2 month (18% per finance charge. Any account not paid in full according to our tenns Will be placed on C.O.D. basis, In the event the seller prevails in any action to enforce the tenns the to pay attomev fees and coun costs, $1,246.00 $1,246.00 INVOICE NO. ~ '-' AGENDA REQUEST """" ITEM NO. C- 3 G DATE: May 24, 2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] PRESENTED BY: , TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): ENGINEERING DIVISION 4115 SUBJECT: Amendment No. 9 to the Consultant Agreement with Inwood Consulting Engineers to provide additional right- of-way services and inspections, as needed, through December 31, 2008, for the S. 25th Street Roadway Widening Project (Midway Road to Edwards Road). BACKGROUND: Please see attached memorandum. FUNDS AVAIL.: Funds will be made available in: 101003-4113-563012-4108 ($7,000.00) and 101003-4113- 563021-4108 ($5,000.00) Transportation Trust-Local Option. PREVIOUS ACTION: September 12, 2000 - BOCC approval of Joint Participation Agreement with FOOT to reimburse, design and construct the South 25th Street widening. On February 23, 2001 an RFP for consultant services was advertised for design of South 25th Street Roadway Widening. Proposals were received on March 21st, three firms were shortlisted on April 10th, and the Board approved negotiating with the top ranked firm, Inwood Consulting Engineers, on April 17th. On September 11, 2001 the Board approved the agreement with ICE in the amount of $1,219,258.94 for design, permitting and land acquisition services. Because of pending issues with Earthtech, Inwood's sub- consultant for land acquisition services, staff re-agendaed the agreement with ICE to exclude land acquisition services. On October 16, 2001 the Board approved the agreement with Inwood in the amount of $1,002,106.94 for design and permitting of South 25th Street Widening. Amendment No.1 was approved on February 5, 2002 in the amount of $39,245.63. The first amendment to the contract became necessary after the FOOT realized that it would be unable to perform the Bridge Hydraulic Analysis and Report it had agreed to do. Inwood then undertook this responsibility. On May 14, 2002 the Board approved the Amendment No.2, as prepared by the County Attorney, along with Inwood's scope of services in the amount of $352,301 for land acquisition support and services for South 25th Street Roadway Widening. (All costs associated with the design and permitting of the project are reimbursable through our Joint Participation Agreement with FOOT. Costs associated with the land acquisition work are the responsibility of St. Lucie County, including land purchase costs,) Amendment No. 3 was approved on August 13, 2002 to provide additional engineering services related to the very compressible soils recovered in the borings for the new bridge crossing 10-Mile Creek, and additional survey work to support the acquisition activities. This amendment was for $59,968.60 and brought the total contract amount to $1,453,621.77. This amendment also extended the contract time to June 30,2003. January 7, 2003 - Amendment No. 4 - a revision to the Second Amendment for a redistribution of previously allocated funds to the Consultant Agreement with Inwood Consulting Engineers (ICE) for Land Acquisition 7 t ~ Services for the South 25th Stre~ROadway Widening (Midway Road t~dwards Road). The number of parcels has decreased but the services of Earthtech's sub-consultants has increased. No change in project cost. May 6, 2003 - Board approved Amendment No. 5 to Inwood Consulting Engineers Consultant Agreement for additional surveying services and engineering design services for the South 25th Street Widening in the amount of $37,151.25. December 16, 2003 - Board approved Amendment No. 6 to Inwood Consulting Engineers Consultant Agreement to provide expert witness services and post design services for the South 25th Street Widening Project in the amount of $49,968.00. April 13, 2004 - Board approved Amendment No. 7 to Inwood Consulting Engineers Consultant Agreement for S. 25th Street Improvements at the intersection of Midway Road in the amount of $51,796.65. August 17, 2004 - Board approved Amendment No. 8 to Inwood consulting Engineers Consultant Agreement for additional optional services for land acquisition activities for the S. 25th Street Roadway Widening Project in the amount of $50,000. RECOMMENDATION: Staff recommends the Board approve Amendment No.9 to the Consultant Agreement with Inwood Consulting Engineers to ¡rovide additional right-of-way services and inspections, as needed, through December 31,2008, for the S. 25 Street Roadway Widening Project in the amount of $12,000, and authorize the Chairman to sign. COMMISSION ACTION: OQ APPROVED [ ] OTHER: Approved 5-0 [ ] DENIED [x]County Attorney [x]Originating Dept. PUblic Works S25tharnendment9.ag Do las Anderson County Administrator CoordinationlSianatures [x]Mgt. & Budge~ [x]Co. Eng MVp [x]Fiscal Coord. ~ fit J'1 [ ]RoadIBridge , '-' ...." DIVISION OF ENGINEERING MEMORANDUM TO: Board ot County Commissioners FROM: Mike Powley, County Engineer DATE: May 24,2005 SUBJECT: Amendment No.9 to the Consultant Agreement with Inwood Consulting Engineers BACKGROUND The attached Amendment No.9, as prepared by the County Attorney in the amount ot $12,000, is to provide additional right-ot-way services and inspections, as needed, through December 31, 2008, tor the S, 25th Street Roadway Widening Project. · " '-' """" NINTH AMENDMENT TO OCTOBER 16, 2001, CONSULTANT AGREEMENT INWOOD CONSULTING ENGINEERS THIS NINTH AMENDMENT, dated this day of ,2005, is by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "County," and INWOOD CONSULTING ENGINEERS, hereinafter referred to as "Consultant." WHEREAS, on October 16, 2001, the parties entered into a contract wherein the Consultant agreed to provide professional engineering and right-of-way acquisition services for the South 25th Street widening project; and, WHEREAS, on February 5.2002, the parties agreed to amend the October 16, 2001 Agreement to allow the Consultant to perform a Bridge Hydraulics Report and Analysis for the 10 Mile Creek; and, WHEREAS, on May 14, 2002, the parties agreed to amend the October 16, 2001 Agreement to allow the Consultant to retain the services of an FDOT certified company that provides right-of-way acquisition and related services; and, WHEREAS, on August 13, 2002, the parties agreed to provide additional engineering services related to the very compressible soils recovered in the borings for the new bridge crossing 10-Mile Creek, and additional survey work to support the acquisition activities; and WHEREAS, on January 7,2003, the parties entered into a Fourth Amendment to the October 16,2001 Agreement to redistribute previously allocated funds for Land Acquisition Services; and, WHEREAS, on May 6, 2003, the parties entered into a Fifth Amendment to the October 16, 2001 Agreement to provide for additional required field surveys, right of way mapping and roadway design analysis; and, WHEREAS, on December 16, 2003, the parties entered into a Sixth Amendment to the October 16.2001 Agreement to provide for expert witness services and post design services; and, WHEREAS, on April 6, 2004, the parties entered into a Seventh Amendment to the October 16,2001 Agreement to provide for incorporation of the Midway Road improvement plans into the plans for 25th Street Widening, and modification of the existing Environmental Resource Permit; and, WHEREAS, on August 17, 2004, the parties entered into an Eighth Amendment to the October 16,2001 Agreement to incorporate Expert Witness and other Post-Design Services; and, WHEREAS, the parties desire to further amend the October 16, 2001 Agreement to provide Inspections as needed for the 25th Street Widening project (Midway Road to Edwards Road). -1- · '\; ~ """" NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Paragraph 2, SCOPE OF WORK, is amended to provide for Inspections and additional Right-ðf-Way consultation services on an as needed basis as described in the April 27, 2005, letter from Andrew D. DeWitt, P.E., Project Manager, as attached as Exhibit "A". 2. Paragraph 5. COMPENSA TrON, is amended to add the following: For performing the services described herein, the County shall pay to the Consultant an amount not to exceed twelve thousand and 0/100 dollars ($12,000.00) (see attached Exhibit "A"). 3. Except as amended herein, the remaining terms and conditions of the October 16, 2001 Contract, as previously amended, shall remain in full force and effect. IN WITNESS WHEREOF, the County has hereunto subscribed and the Contractor has affixed his, its, or their names, or name, and seal the date aforesaid. ATTEST:, BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: INWOOD CONSULTING ENGINEERS By~7Ja/A/dI- Print Name: /1A¿'re~ ~w,:f- Title: U"C~ ;q...~sú/el'lf G: \A TTY\AGREEMNT\inwood.9A.wpd -2- J ,I I ... EXHIBIT A '-' April 27, 2005 SLC-008-0 1 Mr. Michael V. Powley, P.E. St. L~cie County Engineering Division 2300 Virginia Avenue Ft. Pierce, Florida 34982-5652 Re: 25th Street Widening Midway Road to Edwards Road Supplemental Fee Proposal for Inspections Amendment No.9 Dear Mike: We are very pleased to present this Supplemental Fee Proposal to provide Inspections and additional Right-of-Way Consultation services as needed for this project through December 31, 2008. Inwood Consulting Engineers will be responsible for the Inspections and EarthTech will provide the additional Right-of-Way Consultation services. We look fOIWard to doing this work and are willing to begin as soon as instructed by the County. We propose to provide the Inspection services on an hourly Limiting Amount (LA) basis, not to exceed $7,000.00. Hourly rates are to be as follows: HourI Rate $150.00 $ 135.00 $ 105.00 $ 81. 00 $ 66.00 EarthTech will provide additional Right-of-Way Consultation services on an hourly Limiting Amount (LA) basis, not to exceed $5,000.00. Should you have any questions or comments, please call. Very truly yours, INWOOD CONSULTING ENGINEERS, INe. ~v~~ Andrew D. DeWitt, P.E. Project Manager ';'.:,:0":;' ,....,;0.'.,.,' ::.;..'<:"-;-'" ' - '. -. ''<~;,''(f\~;.:~'i>~· ":>;{ 'Qerk Street. Oviedo, FL 32765 · tel- 407.971.8850 fex· 407.971.8955 <C<C''': c¡:<~""ÍÌf: 'IìIo. ~1'''''\aIc-008(2Slh 1IreeI)lfecproposalslamendll9(4-12-0S),doc: " 'w ...." ITEM NO. C-3cJ DATE: May 24,2005 AGENDA REQUEST REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] ENGINEERING DIVISION (4115) ichael V. Powley, P.E. County Engineer TO: SUBMITTED BY (DEPT.): BOARD OF COUNTY COMMISSIONERS SUBJECT: Approve Change Order No. 1 in the amount of $70,155.68 for improvements to the Edwards Road at Selvitz Road Intersection Improvements project. Construction of the project is nearly complete. The proposed improvements to the plans are for the paving of the shoulders adjacent to the turning radii and a restricting layer of clayey material will be removed from the pond bottom and replaced with clean free draining sand (see attached memorandum 05-124). Our consultant engineer Kimley-Horn and Associates has agreed to absorb the cost associated with remobilization of men and equipment for the pond work and for modifications to the striping plan. The costs of these items will be paid directly to the contractor. BACKGROUND: The "Notice-to-Proceed" for the construction of the Edwards Road at Selvitz Road Intersection Improvements project was issued on July 12, 2004. According to the provisions of the contract, the project was to be completed within 120 calendars days, on or before, Monday, November 8, 2004. As a result of Hurricane Frances and Hurricane Jeanne, work on this project was suspended for several months. FUNDS AVAILABLE: Funds are available in Account Number 101006-4116-563000-4114 Transportation Trust ¡Impact Fees. PREVIOUS ACTION: On February 10,2004, the Board approved award of the contract to Ranger Construction Industries, Inc. in the amount of $522,443.20. RECOMMENDATION: Staff recommends the Board approve and authorize the Chair to sign Change Order NO.1 in the amount of $70,155.68 for a total contract price of $592,598.88 to Ranger Construction Industries, Inc. for design modifications and improvements of the Edwards Road at Selvitz Road Intersection Improvements project. COMMISSION ACTION: E: ~ ..<I!, rs APPROVED [ ] DENIED [ ] OTHER Approved 5-0 [x] County Attorney [x] Project. Manager [x] Road & Bridge 'fI:1Jf: (J.r~ ¿. ,/J/~' /(1)1. [x] Mgt. & Budget 'J tt-V [x] Fiscal Coordinator -r 6ff'" ~ [:: [x] Ong'oa'" Dept. p"~. WOO<, ~~. /é" Purchasing Dept -;/ / (Check for copy only, if applicabl ) , '''~~Y·101~. LOJ5cJ.: ~~~ R~"r;ER FT PIERCE .. . ~ ~.~.~ ¥_~n~~ 772 462 2268 (7- . 462-iN.9.. 872 ....., P. 1 p. 1 ( :~ ~ :.';'" 1,..- ~: ¡'".A CHANGE ORDER 8T. L.UCIE COUNTY PROJECT: EdwardA Rd. . Selvltz Rd. Interaeetlon Improvements (name, aclclreu) : CHANGE ORÐ&A NUMBER: 1 INITIATION DATE: 5118/01 ! , ¡'.I I' : ¡' i';' ¡l I~ I.,' l ~:~ . Ii- " TO (Contrlc\or): Ranger Construction 'ndu.trles, Inc. POBox 14581 Fon Pierce, FL 3~e7~689 CONSULTA.NT'S PROJECT NO.: N/A 8,T. LUCIE OOUNTY CONTRACT NO: C04·02-124 CONTRACT DATE= 2/10/04 <" I!' i ¡. " q. !:t ~ ;:. You are directed 10 mike the followlnglçhanges In \hil comrøct (Addition.I 8heet attached I.' ElChlblt A - Ves) SEE ATTACIiI!D EXHIBIT A ,'" The DrigiN'1 (Contract Sum) Wa' .... ......................... ............ ............. ....., ......... ............... ..................... ....... .............. 5922,443.20 Net chenge bv previous authorized Ch..ng. ordors ........,..........,.......................,.................,..............."....."......................... -0- The (Contract Sam) prior loU1i, Chln!t$ Order W8f...................."......"...........··....·..·...........,....·,··...............,....."..1622,443.20 The (Cont'8ot SlIIm) will be Increased by thi, Chlnge Order ......""........."......\............................................." ....."........ "",........................... ....... ......... ....... 570,11115.68 The new (Conlract Sum) including this:Chanat Oraerwlll be.......,.................................·........···..··......·".."·,,..·..... $69~698.88 The Contract Tlmo win be "hanged or unchanged by ....................................".................................,....................." C ;214 ) DIY' The DlSte of Sub,tantia' Complolioo ..·ofthe dote of this Change Ordcrth"r.for. i8: tl/10/05 Funds AvaHable: Accounl Number' 101DOÐ-411S.5B~0.4114 , \ 'I I" I' ~ ~ (<;' ;'1" ::¡: ;", I" \~', ....he ac1JustMent In contract Price andfof Contract Time stated in this Cha"ge Order shall oomJ)/'/8e Ihe lOtal price end/or time Idl\letment due or owed .; . the Contractor for &he work or c,hangee defined In this Change Order. By executing thl, Chønge Order, thl COI1tr~or acknowledgeS and agrees \h1It,: · the slipulated price 81\1110r time ,djuet"n,nts '"elude the oolt5 and delay. for all work contained in the Chanue Order, IndUCIing coat. anlll delays':: '18ocla"d with tne jn\errupt1on of eohcklules, øt,.,'ed overhead&, deJoy. .nd cumula'ive impecll Dr ripple offect on all other non-affected work" under 1hls Contract. Signing oOhe Ch."ge Order constitute, !Un and mutual accord and llItlataction for the adjustment In oontrad price or time a...': result of inc:rtllo' or decre..ealn oo.t. and time of performance tal.l&ed dlreatly and Indlrec;tly from tne Change Order, eUbJ8Ct to the currsnt ¡CO~~ ., Of the entire work .. set forth in tho COrUrÐCt DoolJ""ntl. Acc;ep\anee of Uti' waiver conetitute8 &n øgrøsment bt\Ween the County and Conlr.ctor¡ ¡.; 1"lIt the Chang!! Order repro..ntsliln e'quilabl. ~J~a,",e"t to tne ConlraCl, and that Contl"8etorwiII waive an righl.lo filo sa claIm on th111 Chan9~): Order dar It 15 properly executed. All work performed under this Change Order .hall be performed In lcaoraenCt with the contract sPOolficAlion,.!·r-· !t R.~omm.nded: Approvod: . St. Lucie County. Enalnøerina Olvlelon _ . fuMC work. D8Dartment . ,. ArchlledlEngine.r 51. Lucie County Department . .. V8 F" PI 2300 VIr,lnl. Ave.. Ft. Pierce. FL 3"g8~ Addren " '.j ; By: Donald B. Weat, PtW Olr. eete "'1 '.j ~ : loll ~ ':',~ ~ I" I:.' ¡;i; Authorized: St. Lucie Count~: 2300 Virginia Ave., Fl. Pierce, FI. 34982 By; Date .Po Þ. 1"'~ Ft-. PI~ R 3W Address ,~1-.r+- s~Àk Approved .. \0 Fonn and Correctn... By: r; ll'ð/ oS ~ -:: ","! Coun\y Attornev t : ¡ .~: : i ~ ~ , ' . F, ..-...-...-- --..- ...,..- LO 0 0 N å ..... Q) c: ::I ...., ~ Eo- .... = .... ~ lB fn ¡.;¡ IU - 0 C c: 0 CI) ~ E õ. CI) E 0 > ü 0 ... c. E - c 0 :¡:; CJ CI) fn ... CI) - c - "C CO 0 a::: ~ u ~ .... E :tt c: CI) 0::: 0 UJ w ts v 2 0 - 0 û) 0 0::: N fn c: Ñ 0 0 "C ü ..... ... W Q¡ >- CO C) "5 C) ...., ~ Z c: v c:( IU !! N "C J: a::: W IU 0 0 'C Q) ài ~ E e ¡:: ~ Q.. ëii .;..¡ .s c: 0 g ~ ~ u 'õ' c: :s 'ë ... 0 ~ p.. ü z '-' ....., 0 eo 0 0 0 0 co 0 0 0 0 0 0 ;b 0 0 co I 0 N I-- C"! M 0 N V 0 0 LO 0 It:! co 0 eo IÓ oi M IÓ IÓ N oi 0 0 ~ IÓ cO 0 , N IÓ CÞ ..... 0 U M LO LO LO N LO N 0 LO co LO M 0 co LO '¡: ~ LO. 0 ..... 0) v. co 1--. O. eo. co. o. 0) M N co .... a. ..... .... C"i " å .... Ñ .... ..... ..... ..... ..... Ñ å Š N N I-- 0 I- EI't EI't EI't EI't EI't EI't EI't EI't EI't EI't EI't EI't EI't EI't EI't EI't EI't EI't EI't 0 0 eo 0 ~ N 0 0 0 LO 0 LO 0 N LO 0 0 0 0 0 N 0 C"! N I-- LO I-- 0 ..... 0 0) 0 co 0 0 CÞ 0 IÓ oi oi N ..... IÓ cO cO M IÓ ..... cO M N 0 0 ..t 0 M LO ..... ..... M eo N 0) 0) u N.. ~ LO. It) eo N '¡: a. ..... ..... ..... - '2 ~ ëii EI't EI't EI't EI't EI't EI't EI't EI't EI't EI't EI't EI't EI't EI't EI't EI't EI't EI't Õ I- b M V co ~~ LO LO 0 V 0 0 0 0 0 ..... ..... ..... oi 0) eo co ..t ~ co co 0 N M u:; .... 0 M 0 co N N N N M N V N M M N .... M .... a .... J!! en en en >- >- >- >- >- >- >- >- LI.. L5 >- >- LI.. en L5 '2 -I -I -I Ü Ü Ü en en en en en -I Ü en -I -I ~ c: 0 ts ::I Û ... û) c: c: 0 8 a. Q) Q) c: a::: :is 0 ~ E .>0: c: Q) .!!! .!!! IU Q) CD :is IU a::: .>0: IU ~ Ô Q) I- 0 !!! ... Q) en .c ~ Ü .!!! I- a. Ô ê: ~ IU 3: Ü c 3: a::: en 0 Q) :Ë 'C 0 W :¡:; E c: Qj Q.. ¿, ~ Ü a. a. ::I CD ëo '¡: ":; .... e - ~ ..... a::: u c:r 'C " <ë íñ ~ ~ ~ ..... .x W 1/1 - Ñ w c: Q) ..... ëii :::. :::. CÞ IU CÞ ~ c: :::. ëo 0 'C .c ¡¡: a. 'á..!!! .!!! :x c: ëii I- 'õ ~ ::I :> IU > Q) en ~ Ñ e ~ !!! !!! Ñ 0 0 "5 ëii c: 0 > LO " _ u u .... !!! Q) IE E 0 'C :::. c: c: c: Ü > :E Q) ~ .!!! c: c: Q) 0 0 0 Q) c: ~ 0 IU a::: ~ IU UI Ü Ü 0 E - ~ .c 0 IU 13 a. 0 UI !!l ::I I- ~ e:!. ~ ~ c:: 13 ~ Q) c: - .¡: "õ iV 2 Q) íiì a::: 0 .0 UI ~ ëii ëii t.i .~ .2 ~ ~ UI Q) û) en :E C) iV ~ Q) Q) :ã UI c: .c .s::. c: IU Q) c: 0 IU a. a. 0 'C UI ~ c: c: c: ¿ IU CD 0 ~ ~ ü c: e:!. en :;¡: Qj IU Q) 0 0 èñ ü w .,. ~ œ c: :ã c: c: ~ ~ ëii ~ C) .~ ¡¡: CD '5 en 'C :E IU 0 .!!! c: en 'õ c: Q.. > > 0 !!! 'ë :E c: ~ rJ 'C CÞ .2 c: Q) Q) ~ III Õ - c: .!!! c: I ë¡¡ c: a. ë.. :; a. a. a. "'C Q) ë¡¡ C) Q) ::I X IU >- >- >- :Ë 0 0 a::: :E :I: W W en I- 0 l- I- I- W I- en W Q.. ëi5 E ~ ~ 0 ..... v 0 0 ~ <C co <f 0 ..... N N 0 "'f .... .... ..... CÞ .... .... , ~ ¿; , , , , . N .... rb ~ N N 0 ¿, ..... r-. ..... N N v v r-. ..... ..... ¿, N .;, rb r-. I-- v co . , , ¿, "'f "'C 0 0 ..... N v eo I , ..... 0) 0 LO 0) iñ ..... ..... ..... ..... N ..... ..... co co ..... ..... , , r-. I-- M t:: 0 ..... N N M M 0 0 LO LO eo 0 M M M M I-- v v f!? Q) .c Õ .ð' ... oS! 'C ë¡¡ a. Q) .0 "¡ <C ..... ..... , o ..... r-. 'C c: IU ~ N o ..... UI E :ê 'C ãi ... oS! - c: Q) E >- IU Q.. '-' """" DIVISION OF ENGINEERING MEMORANDUM 05-124 TO: Michael Powley, P.E. - County Engineer Via: Barbara Meinhardt - Department Revenue Coordinator Craig Hauschild, P.E. - Capital Projects Engineer l' /tV FROM: Date: May 17, 2005 Subject: Change Order No.1 Edwards Road at Selvitz Road Intersection Improvements SLC Project No. 03-24 ~'.._-'" . ~- .~'-~,'~ ~-~~:-_-~:~~~~~~=-r-:::::=Z~:·"""':=C~'"7''''=-:- - -'"~ Change Order No.1 in the amount of $70,155.68 is for improvements to the Edwards Road at Selvitz Road Intersection Improvements project. The proposed improvements will increase the safety to the traveling public and facilitate drainage in the project retention area. A paved shoulder adjacent to the turning radii will be added. Additionally, unsuitable soils will be removed from the pond bottom and replaced with clean, free-draining sand. Furthermore some drainage work and costs associated with hurricane cleanup have been incorporated into this change order. Our consultant engineer of record, Kimley-Horn and Associates, has agreed to absorb the costs associated with remobilization for the pond work and costs associated with modification of the striping plan. These costs will be paid directly to the contractor and have not been included in the change order. Funds are available in Account Number 101006-4116-563000-4114 Transportation Trust / Impact Fees. cc: Don West, P.E. - Public Works Director '-' AGENDA REQUEST """" ITEM NO. Q- ß f DATE: May 24, 2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] SUBMITTED BY(DEPT): ENGINEERING DEPT PRESENTED BY: ß-;t*ley, PE County Engineer TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Green Acres MSBU - (Potable Water - FPUA) Interlocal Agreements with the Fort Pierce Utilities Authority and the City of Fort Pierce to provide Potable Water. BACKGROUND: See attached memorand um FUNDS AVAIL. N/A PREVIOUS ACTION: August 17, 2004 - The Board created the Green Acres MSBU and authorized the County Engineer to proceed with engineering and design of the project. RECOMMENDATION: Staff recommends that the Board approve the Interlocal Agreement with Fort Pierce Utilities Authority and the City of Fort Pierce to provide potable water to the Green Acres MSBU and authorize the Chairman to sign the Agreement. Approved 5-0 NCE: COMMISSION ACTION: ')C.] APPROVED [] DENIED [ ] OTHER: o as M. Anderson County Administrator Coordination/Sianatures [x]Public Works Dir [ ]Finance ~ ~~' r [ ]Mgt. & Budget [ 1Co. Eng MVf> , [ ]Purchasing [x]MSBUCoor ~ [x]County Attorney ....,.¡ COMMISSION REVIEW: May 24, 2005 ~ ENGINEERING MEMORANDUM NO. 05-039 TO: FROM: DATE: SUBJECT: Board of County Commissioners Mike Powley, County Engineer /vtvþ May 16, 2005 Green Acres MSBU (Potable Water - FPUA) Interlocal Agreement with Fort Pierce Utilities Authority and the City of Fort Pierce to provide Potable Water. BACKGROUND Attached is a copy of an Interlocal Agreement with Fort Pierce Utilities Authority (FPUA) and the City of Fort Pierce related to the Green Acres MSBU. Under the Agreement, the County will create the Green Acres MSBU to levy a special non-ad valorem assessment to pay for the project to provide potable water service to Green Acres. FPUA will design and install the system necessary to provide the water service, and the County will pay FPUA for the cost of the design and installation of the system out of bonds issued to finance the project. These bonds will payoff the assessment levied by the Green Acres MSBU. RECOMMENDATION Staff recommends that the Board approve the Interlocal Agreement with Fort Pierce Utilities Authority and the City of Fort Pierce to provide potable water to the Green Acres MSBU and authorize the Chairman to sign the Agreement. BP cc: Staff Concurring Property Appraiser Tax Collector G:\ENG\MSBU\MSBU WORD\MSBU Projects\Green Acres\Aga-int-fpua.doc '-' """" INTERLOCALAGREEMENT GREEN ACRES MSBU THIS AGREEMENT made and entered into this day of 20_, by and between St. Lucie County, a political subdivision of the State of Florida (the "County"), the Fort Pierce Utilities Authority, an authority created and established by the City Commission of the City of Fort Pierce, Florida, ("FPUA") and the City of Fort Pierce, a municipality organized under the laws of the State of Florida (the "City"). WHEREAS, FPUA is the governing body authorized to enter into agreements relating to providing service from the potable water supply of the City; and, WHEREAS, the County intends to create the Green Acres municipal services benefit unit (the "Green Acres MSBU") to fund the cost of providing potable water to the Green Acres MSBU in unincorporated St. Lucie CountY.. A description of the boundaries of the real property within the proposed MSBU is attached hereto and made a part hereof as Exhibit "A"; and, WHEREAS, the Green Acres MSBU is located within the boundaries of FPUA's Utility Service Area, known as Area "A"; and, WHEREAS, the parties believe that it is in their mutual best interest to cooperate in providing potable water to the Green Acres MSBU. NOW, THEREFORE, FPUA, the City, and the County hereby agree and covenant on the terms and conditions hereinafter stated: -1- '-" ....., 1. GENERAL. This Agreement is entered into pursuant to Section 163.01, Florida Statutes, the Florida Interlocal Cooperation Act. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained therein, and this Agreement shall supersede all previous telecommunications, representations, or agreements, either verbal or written, between the parties hereto. 2. FPUA RESPONSIBILITIES. FPUA's responsibilities under this Agreement are as follows: A. FPUA shall design and install or cause to be designed and installed a system including all pipes, services, mains and appurtenances thereto (the "System") necessary to provide potable water to the Green Acres MSBU. The design and installation of the System shall be done in accordance with all applicable, standard FPUA policies and procedures. The County reserves the right to review and approve the utilities plans and bid documents before inclusion in the bid package. B. If easements are required, FPUA shall attempt to obtain all necessary easements for installation and maintenance of the System. FPUA shall not be required, however, to condemn any such easements or expend funds for acquisition of same. If appropriate easements satisfactory to FPUA are not obtained, FPUA shall have no further obligation under this Agreement. C. FPUA shall administer a project to install the System to include but not limited to awarding the contract for design, construction, inspection during construction, shop drawing approvals, change order approvals, project certification, and production of record drawings. D. Upon completion of the System and acceptance of ownership of the System by FPUA, FPUA shall be responsible for the operation and maintenance of the System. E. Prior to the second public hearing to be held by the St. Lucie County Board of County Commissioners pursuant to Section 1-13.5-7 of the St. Lucie County Code of Ordinance to adopt a preliminary assessment roll for the Green Acres MSBU, FPUA shall provide an itemized final estimated cost (the "Final Estimated Cost") for the installation of the System to the County. The Final Estimated Cost shall include the cost of testing, permits, surveying, legal, design, construction, contingencies allowance, construction administration, certification, record drawings, and acquisition of easements for the installation of the System and shall be subject to the approval of the County. Any unexpected costs incurred during the construction and installation of the System beyond the Final Estimated -2- '-' ....., Cost shall be the responsibility of FPUA. F. If the County does not levy a special non-ad valorem assessment as described below, FPUA shall be responsible for the cost of all design or other work done by FPUA related to the System. The County shall use its best efforts to notify FPUA as soon as possible of any decision not to levy an assessment. 3. COUNTY RESPONSIBILITIES. In the event the County determines at a public hearing to create a MSBU and to levy a non-ad valorem special assessment, the County's responsibilities under this Agreement are as follows: A. The Board of County Commissioners of St. Lucie County, Florida shall act as the governing body of the Green Acres MSBU and shall levy a non-ad valorem special assessment (the "Assessment"} on the landowners within the limits of the MSBU to fund the cost of the installation of the System as required for connection to the FPUA water system. B. The County shall pay to FPUA an amount not to exceed the Final Estimated Cost for the installation of the System, the cost of the landowners capital improvement charges and surveying expenses. All other applicable fees and charges for connection to the FPUA water system will be the responsibility of the landowners. The amount of the capital improvement charge shall be the current FPUA charge for capital improvements on the date of the submission of the Final Estimated Cost to the County. Payment by the County to FPUA shall be within 30 working days after the County has obtained funds from the issuance of bonds to finance the project and after the approval of the costs by the St. Lucie County Director of Engineering or his designee. C. Upon the request of FPUA, the County's Property Acquisition Division shall provide staff assistance to FPUA for the acquisition of easements necessary for the installation and maintenance of the System. 4. TERMINATION. Unless terminated by the mutual written agreement of all parties, this agreement shall remain in full force and effect until all of its terms and conditions have been met. 5. NOTICE OF CITY ANNEXATION REQUIREMENT. The following notice is required by the City and should not be construed in any way as an endorsement of the City's annexation policies by the County. As a condition precedent for connection to the FPUA water system, FPUA requires all users to sign an annexation agreement whereby the user consents to -3- \wi """" and requests that his or her property be annexed into the city limits of Fort Pierce whenever such annexation may legally occur and that the FPUA will refuse to allow connection to its water system unless and until the referenced annexation agreement is signed. This annexation agreement shall be in the form utilized by FPUA, shall be irrevocable and shall be binding on the heirs, successors and assigns of all such users. 6. CONSENT TO COUNTY MSBU UPON ANNEXATION. The parties acknowledge that if the Green Acres MSBU is annexed into the City this will result in the existence of a St. Lucie County Municipal Services Benefit Unit within the jurisdictional boundary of the City. Accordingly, the City agrees that if it intends to annex the Green Acres MSBU into the City, it will include within the appropriate annexation ordinance a statement that the City consents to the existence of the Green Acres Municipal Services Benefit Unit within the boundaries of the City pursuant to the provisions of Section 125.01(q), Florida Statutes or other applicable law. 7. VALIDATION OF BOND AND ASSESSMENT ROLL. A condition precedent to the effectiveness of this Agreement is the entry of a Final Judgment (and the expiration of the appropriate appeal period) by a court of competent jurisdiction validating the issuance of bonds to finance the System along with the assessment roll adopted by the Board (the "Bond Validation Proceeding"). In the event that either a Final Judgment validating the bonds and assessment roll is not entered or an appellate court reverses the Final Judgment, the Agreement shall automatically terminate and the parties shall have no further responsibilities under the Agreement including but not limited to any payments due to FPUA by the County. Notwithstanding the foregoing, if either a Final Judgment validating the bonds and assessment roll is not entered or an appellate court reverses the Final Judgment, the County reserves the right to be reimbursed by FPUA for all outside counsel legal fees and costs incurred by the County in the Bond Validation Proceeding as well as in any related appeal. The County agrees to consult with FPUA concerning the expenditure of money for outside bond counsel services related to the Bond Validation Proceeding and further agrees that such expenditure shall not exceed five thousand and no/ 100 dollars ($5000.00) without the express written consent of FPUA. The County's right to reimbursement shall survive the termination of this Agreement as described in this paragraph. 8. NOTICE. All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail return receipt requested and addressed as follows: -4- '-" ""'" If to County: With a copy to: St. Lucie County Administrator 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 St. Lucie County Attorney 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 With a copy to: St. Lucie County Public Works Director 2300 Virginia Avenue, Annex Fort Pierce, Florida 34982 If to FPUA: With a copy to: Director of Utilities Fort Pierce Utilities Authority P.O. Box 3191 Fort Pierce, Florida 34948 FPUA Attorney P. O. Box 3191 Fort Pierce, Florida 34948 If to the City: With a copy to: City Manager City of Fort Pierce 100 North U.S. One Fort Pierce, Florida 34950 Fort Pierce City Attorney P. O. Box 3779 Fort Pierce, Florida 33448 9. ENTIRE AGREEMENT. This Agreement constitutes .the entire Agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreement between the parties with respect hereto. This Agreement may only be amended by a written document, properly authorized, executed and delivered by the parties hereto. This Agreement shall be interpreted as a whole unit. All interpretations shall be governed by the laws of the State of Florida. 10. FILING. This Agreement and any subsequent amendments thereto shall be filed with the Clerk of the Circuit Court of St. Lucie County pursuant to Section 163.01(11), Florida Statutes. THE NEXT PAGE IS THE SIGNATURE PAGE -5- '-' \"".I IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials. ATTEST: Deputy Clerk ATTEST: ~0/~ ATTEST: l' ~~Å ~.~ City Cler' Cc~~ 4- LÆ'OS- -6- BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: County Attorney FORT PIERCE UTILITIES ~()TY ê ç;¡¡ Title: hairman BY: -ß,U4'~ ¡;~~'-L Title: Secretary APPROVED AS TO FORM AND CORRECTNESS: -" //'~ ./ / ~ort Pierce Utilities Authority Attorney BY: '-' EXHIBIT "A" MAP OF MSBU ....,¡ Green Acres MSBU Water - FPUA c S\'iJlM~ . a ~9 Ac TQIA1Ì ,4 46 Ac : . . 5 11 Ac [..'¡ . 10 21 Ac . , ! ..1......8-1 _ I..., _0 _J : t.~~. ] ] l . ~ MELISSA lAND· 8 H() Ac SWAMP. I o.a A TOTAL 9 R4 At '~("-j Il _ '1'_ [ " . 0 ,'~ .,¡ I _ 0 0 0 0 ~l r" , 11: r: ! r -Ì' M.'.. r··n.\ f.l"~ I' -l L - 'lJ l -lJr, ~·-I.J- ~'1 '". J) ~ ' ~ 7!!o 7' 7!t L -.-~ DEANNA . AMY ; \ I . . , : \~-~: ~r?: Ç-!:-,~: rJ . 0 . tr .-t -,I . -;::; ,I.¡ '¡\ rJ!f~ !'E ¡-n-1- t1 1_- II LJ L,r" LJ J. ~ 5 7 ~ 7 !t 7) ., ) . , {;"' .~ ,'; ! ëì ¡(', \.! ',t ~ L¡ ~ MARGARE T ANN :.;~. "/fI'_I~'- t~IIÞq~~ GIS '-,-:" '25 N ~ W-{~1~,E S :80 375 500 June 7. 2004 ì J ¡ , ._'__'........_._ J' .", _....._._._..._.-.....--.~- "0 . .. . ~ 0 .. :; , ~ 1067 '1 L:~-~J . ] ~ l . 1 -'" LANE o¡,--.' ,,\, · , ~:j ... ~): ~~,~ [3 ~~ {~ï 't: I~ Ih~ 'i b , 5 ,l;-f L, J I..J ~ . , 75 , 5 "' w 0: >'ì 0'1 w S,,J C:::-J · , U'NE c V \~: 0$ "':.;' [~ I"] ; 5 . 1) ; 5 7" ~ J 5 h -: 'J§:oJ '-;'_. ['J:- ~: ~ i",' ( '1.j --.. <..':> "'0- tJ_~ .\ '!II '!I I !I ,.. , ~ .~ · 0 ~ ! i C~ .J..1.,..) d rtc-.. : --a ¡J~ ;~~ z o 0: .. lANE ., " j · ~ ¡ d ., I --'.~" > , c:,-=]J f'-{ r~ UìJ C-Lr' '!I t!l . , : . r~ . r): l~~ '!I g ., ~ "!I : I" /: (f,"]: r-~ --"- l". - U . !I ~!I ., S f+ ("J: L~ -- [) J- . , , , . , LANE o . 0 rl:~ -:_'! ';T 01. .,""f' ,-" 0 0 }O """-, )~J" ,_:;,: ~\.~J: rJ : i( f]1~ (~ .[J: [J: r--: D' 0 [--! ~' ,0 . U . j .,lr ~ . <J .J ,! ,tj - __J - [j n t!l l.,...J.L...., '! 1 ~ ~!I ,. ,. . . , " , 1 8SAc 2 ISAc . if . U C),!..~ " ))1 .. ,.' " Sf LUCIE -'i·! '!I '.6"'.2-' 1 :Í õ ,. , " /,r.." '-,., . u ('1 .\ \ ,J : 102 Ac 1.;2 Ac "1M . ,..~..... -I' ¡ I 1_ ._' 170 ., - ,- , 95 Ac Ç] 276AC . 1 ~ 1 ! .·..,...::';:::·c.;.,,·.,.........'..'_, I ..,..\',~:. '"'~",""''''.'' .~....l ..."..,,,,ù.,..,,...J .. ,'-' ,~"'-.'~ ~-"':---". BOUlEvARD Foe. 'i j i , ! i , , O. c 01 x'· L J . " . 1 ; ¡ i ! I ! I ! '. 1 ¡ J i ¡ , j ¡ ! , ¡ T oj Z I !)' ; j ~ i ¡ ,- ~ : ¡ ,~ , , , j ! ! i t.~, <o~«____" ~:....:':·..r~.."...·-..~ ..,,:"-;~..,¡.......~.,~..,. )122) .. .·u-·,.;..:~=··. ..;. ). l 1'"-;'''';' .....,.~-,-----»:"'-- _......,_...c.....,.......,;_..,. . . ,OAe , , ,,' -../ '-' ...,J AGENDA REQUEST ITEM NO. C If A DATE: May 24, 2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] SUBMITTED BY: Airport PRESENTED BY: Paul A. Phillips TO: BOARD OF COUNTY COMMISSIONERS SUBJECT: Budget Resolution for the Florida Department of Transportation (FDOT) Pre-Qualified Joint Participation Agreement (JP A) for $1 ,200,000.00 - Construct Airport Rescue & Fire Fighting (ARFF) Facility BACKGROUND: The FDOT in July 2005 will fund the Airport Rescue & Fire Fighting Facility at the St. Lucie County International Airport in the amount of $960,000.00 with matching funds of $240,000.00 from the St. Lucie County Fire District. These funds will enable the Airport to construct an Airport Rescue & Fire Fighting Facility. This agenda is for the Budget Resolution to accept the funds from FDOT. FUNDS A V ARABLE IN ACCT#: Matching funds from the St. Lucie County Fire District. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Budget Resolution 05-229 for the Florida Department of Transportation (FDOT) Pre-Qualified Joint Participation Agreement (JP A) for the construction of the ARFF Facility. This FDOT grant provides for the $960,000.00 of the $1,200,000.00 project total. COMMISSION ACTION: . - MAPPROVED [ ]DENIED [ ]OTHER: Approved 5-0 Reviews & Approvals County Attorney: OMB (l W (J Originating Dept Other: Finance:(Check for Copy only, if applicable) Purchasing Other: ~ I '-' 'wII MEMORANDUM STAFF REPORT DATE: May 16, 2005 TO: Board of County Commissioners FROM: Paul A. Phillips SUBJECT: Agenda C-4A Construct ARFF Facility with FDOT Funds Currently the St. Lucie County International Airport does not have an Airport Fire Fighting Facility. The funds provided by the Florida Department of Transportation will enable the St. Lucie County International Airport to provide this safety facility to the flying public on Airport Grounds. The construction of this fire fighting facility on the grounds of the St. Lucie County International Airport adjacent to the runways and taxiways will provide for quicker response time to an aircraft and its passengers making the Airport a safer place to aviation traffic. The Florida Department of Transportation (FDOT) has provided a pre-qualified Joint Participation Agreement (JP A) for the total project amount of$1,200,000.00 to the St. Lucie County International Airport. These pre-qualified funds will enable the County to begin the process of design and construction with funds being available in July 2005. The St. Lucie County Fire District approved the matching funds for this project in the amount of $240,000.00. The Airport will provide the administrative management of this project while the funding will be supported by the FDOT and the St. Lucie County Fire District. With the amount of planning needed for this project and the aggressive schedule this project anticipates the pre-qualified JP A gives us an advantage to the planning process during this time of overwhelming projects in the County. Staff recommends that the Board of County Commissioners approve the Budget Resolution 05-229 for the Florida Department of Transportation (FDOT) Pre-Qualified Joint Participation Agreement (JPA). This FDOT grant provides for the $960,000.00 of the $1,200,000.00 project total. '-' RESOLUTION NO. 05-229 ....." WHEREAS, subsequent to the adoption of the budget for the St. Lucie County Board of County Commissioners, certain funds not included at the time of adoption are available in the form of a Joint Participation Agreement from the Florida Department of Transportation in the amount of $960,000 and the St. Lucie County Fire District for $240,000 to be used to construct an Airport Rescue & Fire Fighting (ARFF) Facility at the 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 of St. Lucie County, Florida, in meeting assembled this 24th day of May, 2005, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2004-2005, and the budget for the St. Lucie County Board of County Commissioners is hereby amended as follows: REVENUE 1403414220-334411400 1403414220-337250400 Florida Dept. of Transportation St. Lucie County Fire District $960,000 $240,000 APPROPRIATIONS 1403414220-562000400 Buildings $1,200,000 After motion and second the vote on this resolution was as follows: Commissioner Frannie Hutchinson, Chairperson Commissioner Doug Coward, Vice Chairperson Commissioner Joseph E. Smith Commissioner Chris Craft Commissioner Paula A. Lewis xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 24th DAY OF MAY, 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY ~/ '-' AGENDA REQUEST """" ITEM NO. C- 4 B DATE: May 24,2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Airport PRESENTED BY: Paul A. Phillips SUBJECT: Budget Resolution for Florida Department of Transportation (FDOT) Pre-Qualified Joint Participation Agreement (JP A) $542,000.00 - Construct Airport Rescue & Fire Fighting (ARFF) Access Roads BACKGROUND: The FDOT in July 2005 will fund the Airport Rescue & Fire Fighting access roads to support the Airport Firefighting Rescue Facility at the St. Lucie County International Airport in the amount of $433,600.00 with matching funds of $1 08,400.00 from the St. Lucie County Fire District. These funds will enable the Airport to construct the access roads needed to support the Airport Rescue & Fire Fighting Facility. This agenda is a request for the Budget Resolution to accept the funds from the FDOT. FUNDS AVAILABLE IN ACCT#: Matching funds from the St. Lucie County Fire District. PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Budget Resolution 05-230 for the Florida Department of Transportation (FDOT) Pre-Qualified Joint Participation Agreement (JP A) for the ARFF Facility access roads. This FDOT grant provides for the $433,600.00 ofthe $542,000.00 project total. COMMISSION ACTION: [jAPPROVED [ ]DENIED Approved 5-0 [ ]OTHER: Reviews & Approvals. ()¡ County Attorney: ¡,/~ OMB íZ Lv n Originating DePt~~ ~ Other: Finance:(Check for opyonly, If applIcable) 7:~ Purchasing Other: " f '-' -...I MEMORANDUM STAFF REPORT DATE: May 16, 2005 TO: Board of County Commissioners FROM: Paul A. Phillips SUBJECT: Construct ARFF Facility Access Roads with FDOT Funds Currently the St. Lucie County International Airport does not have an Airport Fire Fighting Facility. The funds provided by the Florida Department of Transportation will enable the St. Lucie County International Airport to provide the access roads needed for this safety facility to the flying public. The construction ofthese access roads to the fire fighting facility that will be located on the grounds ofthe St. Lucie County International Airport adjacent to the runways and taxiways will provide for quicker response time to an aircraft and its passengers making the Airport a safer place to aviation traffic. The Florida Department of Transportation (FDOT) has provided a pre-qualified Joint Participation Agreement (JP A) for the total project amount of $542,000.00 to the St. Lucie County International Airport. These pre-qualified funds will enable the County to begin the process of design and construction ofthe access roads with funds being available in July 2005. The St. Lucie County Fire District approved the matching funds for this project in the amount of $108,400.00. The Airport will provide the administrative management of this project while the funding will be supported by the FDOT and the St. Lucie County Fire District. With the amount of planning needed for this project and the aggressive schedule this project anticipates the pre-qualified JP A gives us an advantage to the planning process during this time of overwhelming projects in the County. Staff recommends that the Board of County Commissioners approve the Budget Resolution 05-230 for the Florida Department of Transportation (FDOT) Pre-Qualified Joint Participation Agreement (JP A). This FDOT grant provides for the $433,600.00 of the $542,000.00 project total. " '-' RESOLUTION NO. 05-230 ....., WHEREAS, subsequent to the adoption of the budget for the St. Lucie County Board of County Commissioners, certain funds not included at the time of adoption are available in the form of a Joint Participation Agreement from the Florida Department of Transportation in the amount of $433,600 and the St. Lucie County Fire District for $108,400 to be used to construct access roads needed to support the Airport Rescue & Fire Fighting (ARFF) Facility at the 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 of St. Lucie County, Florida, in meeting assembled this 24th day of May, 2005, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2004-2005, and the budget for the St. Lucie County Board of County Commissioners is hereby amended as follows: REVENUE 140342-4220-334411-400 140342-4220-337250-400 Florida Dept. of Transportation St. Lucie County Fire District $433,600 $108,400 APPROPRIATIONS 140342-4220-563000-400 Improvements orr Buildings $542,000 After motion and second the vote on this resolution was as follows: Commissioner Frannie Hutchinson, Chairperson Commissioner Doug Coward, Vice Chairperson Commissioner Joseph E. Smith Commissioner Chris Craft Commissioner Paula A. Lewis xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 24th DAY OF MAY, 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY ..,l """ """" AGENDA REQUEST ITEM NO. C-4 C DATE: May 24, 2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [ X ] St. Lucie County INTERNATIONAL AIR. TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Airport PRESENTED BY: Paul A. Phillips SUBJECT: St. Lucie County Fire District Interlocal Agreement - Airport Rescue Fire Fighting Facility funding BACKGROUND: Because of the significant growth in aircraft operations, the Airport has programmed funds from the Florida Department of Transportation (FDOT) fiscal year 2005/2006 Work Program for the construction of an Aircraft Rescue & Fire Fighting (ARFF) facility at St. Lucie County International Airport. These prequalified JP A's were approved by the Board on April 12, 2005. The FDOT JP A provides 80% of the funding estimated for this proj ect. There is a requirement for the local funding sponsor to provide 20% of the funding as the local match. As approved by the St. Lucie County Fire District, the Fire District is providing the $348,400 as the 20% local match. FUNDS AVAILABLE IN ACCT#: Matching funds from the St. Lucie County Fire District. PREVIOUS ACTION: . On April 12, 2005, the Board approved the prequalified JP A's and the work authorization with Kimley-Horn to design the facility. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the Interlocal Agreement with the St. Lucie County Fire District to accept the $348,400 as the 20% local match requirement for the prequalified Joint Participation Agreements for the Aircraft Rescue and Fire Fighting Facility at St. Lucie County International Airport. COMMISSION ACTION: j(APPROVED [ ]DENIED [ ]OTHER: Approved 5-0 Reviews & Approvals County Attorney: Originating Dept: Finance:(Check fì r C py OMB~wl? Other: nl , if applicable) Purchasing Other: -- "" '-" "WI . '"'- ~ ' STAFF REPORT St. Lucie County INTERNATIONAL AIR. DATE: May 17, 2005 TO: Board of County Commissioners FROM: Paul A. Phillips, Airport Director SUBJECT: Interlocal Agreement with the St. Lucie County Fire District Because of the significant growth in aircraft operations, the Airport has programmed funds from the Florida Department of Transportation (FDOT) fiscal year 2005/2006 Work. Program for the construction of an Aircraft Rescue & Fire Fighting (ARFF) facility at St. Lucie County International Airport. Since pilot safety is paramount and operations are escalating, the Airport has requested and received a pre-qualified Joint Participation Agreement (JP A) for advanced funding for the ARFF Facility and the ARFF Access Road. This will allow the Airport to begin design immediately for this critical project. These prequalified JPA's were approved by the Board on April 12, 2005. The FDOT JPAprovides 80% of the funding estimated for this project. As depicted in the following chart, there is a requirement for the local funding sponsor to provide 20% of the funding as the local match. As approved by the St. Lucie County Fire District, the Fire District is providing the $348,400 as the 20% local match. FDOT share LOCAL share TOTAL 80% 20% PROJECT Construct ARFF facility $960,000 $240,000 $1,200,000 Construct ARFF access road $433,600 $108,400 $542,000 TOTAL $1,393,600 $348,400 $1,742,000 Additionally, because of the $1,393,600 funding commitment by our regulatory partner, FDOT, the new ARFF facility will need to be staffed for full time Airport coverage. This agenda item is for approval of the Interlocal Agreement with the St. Lucie County Fire District to accept the $348,400 as local match requirement. 'w' """" INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT made this _ day of , 2005, between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called "County" and the ST. LUCIE COUNTY FIRE DISTRICT, an independent special district of the State of Florida, hereinafter called "District." WHEREAS, Section 163.01, Florida Statutes (2003), provides that local government units and independent constitutional officers may cooperate by agreement to provide necessary and essential public services: and, WHEREAS, the parties have determined that it is necessary to construct an aircraft rescue and firefighting facility at the St. Lucie County International Airport; and, WHEREAS, the Florida Department of Transportation (FDOT) has approved a pre- qualified Joint Participation Agreement (JP A) to fund design and contraction of the ARRF; and, WHEREAS, in recognition of the benefits to the District which will result from the ARRF, the District is willing to contribute the required twenty percent (20%) local match required under the JPA. NOW, THEREFORE, IN CONSIDERATION of their mutual covenants and promises, the parties agree as follows: 1. GENERAL This Agreement is entered into pursuant to Section 163.01, Florida Statutes, Florida Interlocal Cooperation Act. 1 '-' ..""", 2. COUNTY RESPONSIBILITIES A. The County shall enter into a Joint Participation Agreement with the Florida Department of Transportation (FDOT) for advanced funding for the ARRF Facility and ARFF Access Road for eighty percent (80%) of the estimated cost for the project. B. The County shall serve as the lead agency for the design of the ARRF Facility and ARFF Access Road. 3. FIRE DISTRICT RESPONSIBILITIES A. The District shall contribute an amount not to exceed three hundred forty- eight thousand and 00/100 dollars ($348,400.00) to the County to be used as the required twenty percent (20%) local match under the JP A. Payment shall be made within thirty (30) days of a written request from the County for the District's contribution. B. The District shall provide input to the County for the design of the ARRF Facility and ARFF Access Road. 4. TERM The term of this agreement shall begin on the date first above written and shall continue until terminated by either party as set forth in Paragraph 6. 5. INDEMNITY Subject to the provisions of Section 768.28, Florida Statutes (2003), the County agrees to indemnify and hold the Fire District harmless from and against any actions at law to recover damages in tort for money damages for injury or loss of property, personal injury, or death 2 '-" """" arising out of this Agreement and caused by the negligent or wrongful act or omission of any employee of the County while acting within the scope of his office or employment under circumstances in which the County, if a private person, would be liable to the claimant, in accordance with the general laws of the State of Florida. Subject to the provisions of Section 768.28, Florida Statutes (2003), the Fire District agrees to indemnify and hold the County harmless from and against any actions at law to recover damages in tort for money damages for injury or loss of property, personal injury, or death arising out of this Agreement and caused by the negligent or wrongful act or omission of the Fire District or any employee ofthe Fire District while acting within the scope of his office or employment under circumstances in which the Fire District, if a private person, would be liable to the claimant, in accordance with the general laws of the State of Florida. 6. TERMINATION Either party may cancel and terminate this Agreement with or without cause upon thirty (30) days written notice to the other parties. All responsibility and obligations under this Agreement will automatically terminate at such times as the grant contracts in effect under this Agreement shall have been satisfactorily implemented and terminated. 7. WHOLE AGREEMENT This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto.i 3 ~ ..." 8. AMENDMENTS The Agreement may only be amended by a written document signed by both parties and filed with the Clerk of the Circuit Court of St. Lucie County, Florida. 9. NOTICES All notices or other communications hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail, return receipt requested, and addressed as follows: If to County: With copy to: St. Lucie County Administrator 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 St. Lucie County Attorney 2300 Virginia Avenue Administration Annex Fort Pierce. Florida 34982 If to Fire District: With copy to: St. Lucie County Fire Chief 2400 Rhode Island Avenue Fort Pierce, Florida 34950 St. Lucie County Fire District Attorney 2400 Rhode Island Avenue Fort Pierce, Florida 34950 10. FILING This Agreement shall be filed with the Clerk of the Circuit Court of St. Lucie County, Florida, prior to its effectiveness. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman 4 ....." ATTEST: Secretary g:\agreemnt\interloc\fire.arrf., wpd ...., APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney ST. LUCIE COUNTY FIRE DISTRICT BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: Fire District Attorney 5 ....",,,.l '-' ..",., AGENDA REQUEST ITEM NO. C-4D DATE: May 24,2005 REGULAR [ ] PUBLIC HEARING [ CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Airport Paul A. Phillips SUBJECT: Airfield Pavement Marking Rehabilitation Award of Bid BACKGROUND: The Board of County Commissioners on May 11, 2004, accepted a Florida Department of Transportation (FDOT) grant in the amount of $1 03,200.00 with matching funds of $25,800.00, for a total project cost of$129,000.00 to rehabilitate airfield pavement markings. Airport pavement markings provide taxing guidance for aircraft using the runways and taxiways at the airport. The existing airfield markings have not been repainted since the late 1980s. This agenda item is to approve and award the bid for Rehabilitation of Airfield Pavement Markings at the St. Lucie County International Airport to Hi-Lite Markings, Inc. for the amount of$53,707.20 with FDOT's portion being $42,965.76 and local match of $10,741.44. FUNDS AVAILABLE IN ACCT#: Funds are available in account (140333-4220-563000-400) Airport Pavement Marking Rehabilitation Account. PREVIOUS ACTION: In May 2004, the Board approved the Florida Department of Transportation funding. In July 2004, the Board approved Kimley-Horn's Work Authorization No.4. RECOMMENDATION: Staff recommends that the Board approve and award Bid 05-019 for the Rehabilitation of Airfield Pavement Markings at the St. Lucie County International Airport to Hi- Lite Markings, Inc $53,707.20. COMMISSION ACTION: DGAPPROVED [ ]DENIED Approved 5-0 [ ]OTHER: c;¡r: Reviews & ADDrovals County Attorney: '!!ll,y... OMB I?- /oJ h Originating Dept: ~ Other: Finance:(Check for opyonly, If applIcable) Purchasing Other: ..... . '-" """" ~=~ Kimley-Horn and Associates, Inc. í ,~..'" .. .~.' "..C1V"E"D !"'""ij..~·" .. w! ... Þ~"( .."..... " May 6, 2005 S" ......,r. .~.._..~::~..,~cOAIDA Mr. Pau] Phillips Airport Director St. Lucie County International Airport 3000 Curtis King Blvd. Ft. Pierce, FL 34946 Re: Pavement Marking Rehabilitation Bid No. 05-019 Dear Paul: We have reviewed the bids received on May 4,2005 for the Pavement Marking Rehabilitation. We find the bid to be in order and recommend a contract award to Hi-Lite Markings, Inc. of Adams Center, New York for a contract amount of $53,707.20. This includes the Base Bid, Alternate 1, and Alternate 2. Should you have any questions, please do not hesitate to contact me. Very truly yours, c ~ ..T EY-HOHN .AND ASSOCIATES, INC. David R. Bardt, P .E. Vice President H: \044 721 005\fdotrecommendaward.doc . TEL 561 845 0665 FAX 561 863 8175 . 4431 Embarcadero Drive West Palm Beach, Florida 33407 - . ,/ RÐ Of COU~"~ ~~tJ\\SS\O~ERS OEP ~~; Q\tec\ot t.ó ~atl''' , MEMORANDUM - 'REG.I;\VE01 ~ßß5] UCIE cOUNT'I', FLO"IO~ sT. 1- - To: Pau\ Phi\\ips, Airport Director t £~) c..- Ed Parker, purchasing Direc or ¡M From: ********************************** ***************************************************************************** May 4, 2005 Bid #05-019 - Pavement Marking Rehabilitation Date: Re: Enclosed are copies of the Tab Sheet and submission for subject bid. After your review, please provide me with your recommendations. If we can be of any further assistance, please do not hesitate to contact me at extension 1700. EP:mc JOSEPH E SMITH, District No.1. DOUG COWARD D' t' t , IS nc NOC~u. iA~dLA A. LEWIS, District NO.3. FRANNIE HUTHINSON, District No.4. CHRIS CRAFT Dist' t N 2300 Virginia Avenue Fort . n y mlnlstrator - Douglas M. Anderson ' nc 0, _ Pierce, FL ~982-5652 _ Phone (772) 462-1700 - TDD (772) 462-1428 webslte: www.co.st-lucie.fI.us '-" c::: (!) .... 0 z z t; -Ww en ~ g:; « .... c J: c::: Ii U <C ~ c::: a.. c::: ::>W~ a. c c w en or- 0 . Il') 0 ;t: c m I I- W W :I: en Z 0 ~ ...J ::J m « I- Z 0 ~ I- ::::ï m « ~cn :I: W zc::: c:: ::>W C) OZ Z uQ ~ Il') c:: 0 LLcn 0 « N ocn ~ - ..q c:E - l- ll') c:::~ Z I- <Co W c:: C ~ W 00 W 0 Z CD ~ c.. W c:: c.. c.. « 0 wen enW 0 «I- ~ m« r-- I~ 0 r-- ...JW M «l- ll') I-...J ~ 0« I-oð N W 0 ~ 0 -o::i Z 0 c:: M W or- I- or- ...J ~ « or- W 0 ~ 0 or- Z CD c:: CD W r-- l- N ...J ~ « c 0 N m N W ..q r-- en .¢ « or- m ~ c:: () 0 Z - C Z en W C» > ZZr-- - ~o ~~oo C::UJU? «....M zoo ~UJU? W()~ I-(/)M -:!: ...J « .. ...!.C~ :I:«LL '-' It') 0 z Õ .'" ¡¡; 0 tL: <t a: 0 en ã: J: 0 . <t 0 Z ex) Õ N :E <t ~ '" N 0 co Z <t 0 Ñ en r-. Z !:::. Ï 0 t- o ::¡ t- J: I ~ 0 0 Z r-. zc:~ ~ON "'co l.1..Q5v ;;-g~U) . <t r-. ::> ~ :E -;~ _ en C.~ .2~~ g ~ gll.~ .- ° I II! C:ONO en I It') (.) ~c;~i ~~~ .ë;j0'.l .. <t,-<tCD ~.~:~ ::¡"LLCD <t <t .:;: Cl. >- CD -() . '" ~ ::> CD N0iï: cø -n o°t: ..... z 0 0 ..... Õ LL 00 'C I ¡¡; CD 0 ::> '" Ö CD > a: <t ~. <t '" ~ ·E C "ê> UJ 0 ;; .... CJ 0 ;:) ::¡ 0 m 0 M N æ 0 ~. . C .... ~ UJ ~ 0 z ¡¡: C õ ï= (/) .'" ë ¡¡; 0 .... 0 Z Z UJ :i (/) UJ > t- UJ :!: ¡¡¡ ~ ;:) () en Z () UJ u.j « 0 ~ :¡¡ J: c.. 0 Cl. :!: c (/) (J w Ii en 0 C C 0 « -, () m m l- LL LL LL rn c 0 0 0 z ~ ~ ~ « :¡¡ UJ UJ UJ w m m m c :!: :!: :!: a:: ;:) ;:) ;:) w c.. Z Z Z ~ ~ AGENDA REOUEST ~ ITEM NO: C-5 DATE: May 24,2005 Regular[ ] Public Hearing [ ] Consent [X ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Community Services Division PRESENTED BY: L..~ffj.·ß'=À Jody øoJfet, Transit Manager L./ ,. SUBJECT: Approval of Resolution 05-223 and authorization to apply and accept the 2004/05 grant for $1,213,300 from the U. S. C. 5307 Federal Transit Administration grant program. In addition, approve the Subgrant Agreement with Council on Aging for the implementation of the program. BACKGROUND: Each year since FY 1992/93, St. Lucie County has applied for grant funding from the Federal Transit Administration to fund operating and capital costs for the contracted transportation provider for St. Lucie County, Council on Aging/Community Transit. The total project cost is $1,551,655 with $874,945 allocated for capital assistance and $676,710 for operating assistance. Operating assistance requires a 50% match ($338,355) and will come from the SLC Public Transit MSTU. The match for capital expenses can be met with toll revenue credits. FUNDS AVAIL: A 50% ($338,355) match for the operating portion of the grant is required and will come from the SLC Public Transit MSTU Account 130-4910-582015-400. PREVIOUS ACTION: N/A. RECOMMENDATION: Approval of the grant application and Resolution No. 05-223, acceptance of the FT A grant and authorization for the Chairman to sign all documents necessary. In addition, approve the Subgrant Agreement with Council on Aging for the implementation of the program. COMMISSION ACTION: ØC} APPROVED [] DENIED [ ] OTHER Approved 5-0 (}1 -/ ð. County Attorney: x (/ Originating Department: x i-)~- Finance: x Check for copy only, if applicable Coordination/Si natures IÎ/\ Mllagement & Budget x . -~! Punltasing: x Olter: Olter: '-' ...., COMMUNITY SERVICES MEMORANDUM #05-98 TO: FROM: Board of County Commissioners /\/:;,' Jody Bonet, Transit manager /-p- Permission to apply for U.S.C. 5307 Federal Transit Administration Grant SUBJECT: DATE: May 24, 2005 Each year since FY 1992/93, St. Lucie County has applied for grant funding from the Federal Transit Administration (FTA) to fund operating and capital costs for the contracted transportation provider for St. Lucie County, Council on Aging/Community Transit. The FT A grant request is for $1,213,300. The total project cost is $1,551,655 with $874,945 allocated for capital assistance and $676,710 for operating assistance. Operating assistance requires a 50% match ($338,355) and will come from the SLC Public Transit MSTU. The match for capital expenses can be met with toll revenue credits. A copy of the letter requesting toll revenue credits from Florida Department of Transportation is attached. Recommendation: Staff recommends that the Board of County Commissioners approve submission of the 5307 application to Federal Transit Administration, accept the grant if awarded, authorize the Chair to sign Resolution 05-223 and to sign all documents associated with the application and awards including the Subgrant Agreement between the County and the Council on Aging to implement the project. '-' BOARD OF COUNTY COMMISSIONERS '<'~. 'T:'''' ...'.,~' '''eJ'''''(:'''' ""'1::" "".,~,...".-< ',....,.',... COUNTY ~; FLORIDA" " V-' '."'~ ,""." " ",.. ·~_":"'"·,,,,.,,,o·,,.__,,· :;'f\4·~-';·· ~1"--''''·,··~·..·...i\ Cº", '>{'"'''''''' COMMUNITY SERVICES DIVISION ßETH RYDm DIREGO!', May 4, 2005 Ms. Corine Williams Florida Department of Transportation Office of Modal Development 3400 West Commercial Boulevard Fort Lauderdale, FL 33309-3421 Re: Request for State Toll Revenue Credits for FY 2004-2005 FT A Section 5307 Grant Dear Ms. Williams: Attached please fmd a copy ofFT A's Section 5307 grant application. As required by ITA, this application has been prepared and submitted to ITA utilizing its Transportation Electronic Award and Management (TEAM) software. As referenced in the application, S1. Lucie County proposes to utilize state toll revenue credits as soft match for the capital portion ofthe grant. The federal capital portion of the grant totals $699,956. 81. Lucie County hereby requests FOOT approval of the use of $174,989 in state toll revenue credits as part of the County's FY 2004/2005 Section 5307 grant application. This request is consistent with the adopted St. Lucie County TDP and 2004/2005 TIP. Thank you for your assistance in this matter. If you have any questions, please contact me at (772) 462-1772. Sincerely, Beth Ryder Director Enclosure JOSEPH E. SMITH, District NO.1. DOUG COWARD, District No.2. PAULA A. LEWIS, Disrrict No. J . FRANNIE HUTCHINSON. District No.4· CHRIS CRAFT. District No.5 County Administrator - Douglas M. Anderson 437 North 7TH Street . Fort Pierce, FL 34950 . Phone (772) 462-1777 · FAX (772) 462-1703 · Suncom 259-1777 web site: www.co.st-lucieJl.us '-' .....,¡ RESOLUTION NO. 05-223 A RESOLUTION DESIGNATING THE COMMUNITY SERVICES DIRECTOR AS THE AUTHORIZED STAFF PERSON FOR ST. LUCIE COUNTY AUTHORIZED TO ELECTRONICALLY FILE THE 49 D.S.C. SECTION 5307 FEDERAL TRANSIT ADMINISTRATION GRANT APPLICATION WHEREAS, the Board of County Commissioners of S1. Lucie County, Florida, has made the following determinations: 1. This Board is authorized to file applications for transit related grants to the Federal Transit Administration and the Florida Department of Transportation. 2. This Board is authorized to provide public transit services for S1. Lucie County under State and Federal Law. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: 1. This Board hereby authorizes the submission of a 49 U.S. C. Section 5307 Grant Application with the Federal Transit Administration for Fiscal Year 04/05 2. This Board authorizes the Chairman of the Board of County Commissioners to execute the application and any subsequent award agreement on behalf of the Board. 3. This Board further designates the S1. Lucie County Community Services Director/Community Transit Coordinator to electronically execute any and all documents necessary including the application, agreements, assurances, reimbursement invoices, warranties and other documents on behalf of the Board and its Chairman which may be required by the Federal Transit Administration and/or the Florida Department of Transportation. ~ ..."." 4. This resolution shall become effective on adoption. After motion and second, the vote on this resolution was as follows: Chairman Frannie Hutchinson Vice Chairman Doug Coward Commissioner Joseph E. Smith Commissioner Paula A. Lewis Commissioner Chris Craft xxx xxx xxx XXX XXX PASSED AND nUL Y ADOPTED this 24th day of May 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney , 'w' ....., SUB GRANT AGREEMENT THIS SUB GRANT AGREEMENT, made this day of , 2005, between ST. LUCIE COUNTY, a Political Subdivision of the State of Florida, hereinafter called the "County", and COUNCIL ON AGING OF ST. LUCIE, INC., or its successors, executors, administrators, and assigns hereinafter called the "Council": IN CONSIDERATION of the mutual benefits received by each part, the parties mutually agree as follows: 1. The County shall disperse to the Council a sub grant in a total amount not to exceed one million five hundred and fifty-one thousand six hundred fifty-five and 00/100 dollars ($1,551,655.00). The sub grant will include three hundred and thirty eight thousand and three hundred and fifty-five 00/100 dollars ($338,355) from the St. Lucie County Transit MSTU which will be the FT A grant match. One million, two hundred and thirteen thousand and three hundred 00/100 dollars ($1,213,300) pursuant to the FY 2003/2004 49 U.S.C. Section 5307 Grant Agreement (FTA Project Number FL-90-X512-01), between the United States Department of Transportation, Federal Transit Administration and the County, hereinafter referred to as the "Grant Agreement". The parties hereby acknowledge and agree that the total amount of the award to the County under the Grant Agreement is one million two hundred and thirteen thousand and three hundred 00/100 dollars ($1,213,300) of which ten thousand and 00/1 00 dollars ($10,000) shall be retained by the County for administration of the grant. The Council shall submit requests for payment to the County in a form acceptable to the County and in accordance with the terms and conditions of the Grant Agreement and this Agreement. 2. The grant shall be used for operating and capital expenses as set forth in the Grant Agreement and the Grant Application, incorporated herein by reference. In accordance with the terms of the Grant Agreement, any vehicles purchased with grant funds distributed pursuant to Agreement shall be co-titles in the name of the County and the Council. A County property record number shall be affixed to any equipment purchased with the grant funds at a cost of one thousand and 00/1 00 dollars ($1,000.00) or more. The Council agrees to coordinate with the County Purchasing Department Director in the purchase of any vehicle or other equipment pursuant to this Agreement. 3. The Council shall have internal controls adequate to safeguard the grant. 4. If the grant can not be used or a subsequent audit reveals the grant was not used according to the Grant Agreement, the Grant Application, andlor this Agreement, any money not so used shall be reimbursed to the County. 5. The Council shall provide an audit, by a certified or duly licensed public accountant, of the expenditure of monies disbursed pursuant to this Agreement. In the alternative and subject to prior written approval of the County Budget and Management Director, the Council may submit qualifying paid invoices in lieu of a certified audit. In addition, the 1 "WI Council shall provide the County with a copy of the Council's annual audit for each fiscal year during which the Council expends funds received pursuant to this Agreement. The Council shall submit all documents required under this paragraph within ninety (90) days after the end of its last fiscal year during which funds are expended under this Agreement. ~ 6. The Council gives the County the right, until the expiration of three (3) years after expenditure of funds under this Agreement, to audit the use of the grant monies.. Upon demand, the County shall have access to and the right to examine any directly pertinent books, documents, papers, and records of the Council involving transactions related to these grant monies. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or until the expiration of three (3) years after the expenditure of the funds. 7. The Council is and shall be an independent contractor, responsible to all parties for all of its acts or omissions and the County shall in no way be responsible for such acts or omission. The Council shall and will indemnify and hold harmless the County from and against any and all liability, claims, damages, expenses, fees, fines, penalties, suits, proceedings, and actions and cost of actions, including reasonable attorney's fees of any kind and nature arising or growing out or in any way connected with the use, occupations, administration or control of the above described services by the Councilor its agents, employees, customers, patrons or invitee, or resulting from injury to person or property, or a loss of life or property of any kind or nature whatsoever sustained during the term of this Agreement. The Council hereby acknowledges that the payments made under this Agreement include specific consideration for the indemnification provided herein. 8. The Council agrees to comply with all local, state and federal laws, rules and regulation, the terms of the Grant Agreement, and the certifications accompanying the Grant Application. 9. All publications, media productions and exhibit graphics shall include the following statement: Sponsored in part by the Board of County Commissioners, St. Lucie County, Florida. 10. Any notice shall be in writing and sent registered or certified mail, postage and charges prepaid, and addressed to the parties at the following address: TO THE COUNTY: WITH COPY TO: St. Lucie County Administrator Administration Annex 2300 Virginia Avenue, 3rd Floor Fort Pierce, Florida 34982 St. Lucie County Attorney Administration Annex 2300 Virginia Avenue, 3rd Floor Fort Pierce, Florida 34982 TO THE COUNCIL: Council on Aging of St. Lucie, Inc. 2 , ....." "will 1505 Orange Avenue Fort Pierce, Florida 34950 11. No amendment, modification or waiver of this Agreement shall be valid or effective unless in writing and signed by both parties and no waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any other conditions or subsequent breach whether of like or different nature. If the County currently provides or subsequently provides any forms for agreement modification, the Council agrees to use said forms. 12. The Council represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Florida Statutes 112.311 (2003) and as may be amended from time to time. The Council further represents that no person having any interest shall be employed for said performance. The Council shall promptly notify the County in writing by certified mail of all potential conflicts of interest prohibited by existing state law for any prospective business association, interest or other circumstance which may influence or appear to influence the Council's judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Council may undertake and request an opinion of the County as to whether the association, interest or circumstance would, in the opinion of the County, constitute a conflict of interest if entered into by the Council. The County agrees to notify the Council of its opinion by certified mail within thirty (30) days of receipt of notification by the Council. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Council, the County shall so state in the notification and shall, at his/her option, enter into said association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the County by the Council under the terms of this Agreement. 13. In the event of a dispute between the parties in connection with this Agreement, the parties agree to submit the disputed issue or issues to a mediator for non-binding mediation prior to filing a lawsuit. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for St. Lucie County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law, the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 14. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. 15. Except as otherwise provided, this Agreement shall be binding upon and shall insure to the benefit of the parties. 3 , '-' ...",,¡ 16. This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations or agreements, either verbal or written, between the parties hereto. IN WITNESS WHEREOF, the parties have caused the execution by their duly authorized officials as of the day and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY DEPUTY CLERK CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY ATTEST: COUNCIL ON AGING OF ST. LUCIE, INC. BY: PRESIDENT SECRETARY (SEAL) 4 " ~ - ... -...... ... -- ~ ... '-' AGENDA REQUEST \twI ,J',) ITEM: # C 6 O·\r~ DATE: May 24, 2005 /) :1 )' }. // f·/~ ,," . ,., " 'B. I Vir' 111 \ (0 ',) v I lJ ;I'" ¡¡7 ) I V REGULAR [] PUBLIC HEARING [ ] CONSENT [X] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Wayne Teegardin Risk Manager SUBMITTED BY (DEPT): Human Resources/Risk Management SUBJECT: Prison Health Services Contract Amendment # 2 BACKGROUND: The contract with Prison Health Services, Inc., (PHS) for Mental Health Services expired on December 31, 2004 and the County desires to extend the contract for two months to a period ending February 28, 2005 at which time the contract will be placed with the St. Lucie County Sheriffs Office. GENERAL NOTES: The PHS contract provides mental health services to inmates at the St. Lucie County Jail. FUNDS AVAIL: 107 -2115-531300-200 PREVIOUS ACTION: Amendment # 1 approved by the Board. RECOMMENDATION: Staff recommends approval of Contract Amendment # 2 with Prison Health Services, Inc. COMMISSION ACTION: ó(I APPROVED [] DENIED [ ] OTHER: Approved 5-0 C;N7E: / Douglas M. Anderson County Administrator County Attorney: Originating Dept. {..LJ. V Finance: (Check for Copy only. if applicable)_ ~ Review and Approvals {l..:{O Purchasing: P r Management & Budget: Other: Other: Re~e~ved: 5/12/05 6:59AM; -> ST LUCIE CO HUMAN RESOURCES; Page 2 ;. FROM '; ~M '-'" FAX NO. ~y. 12 2005 06:05AM P2 ENDMENT TO AGREEMENT DECEMBER 2004 AM L He AL TH SERVICES TO PROVTDE MENTA p . b executed by and between Pri50n Health Scrvices, Inc. This December 2004 Am~dmcent IS h~~e ~a (hereinafter "COUNTY"), both of whom at'e also (heroinafter "PHS") Bnd St. Luclc ourny, orl rc1erred to herein, colloctively, as the "PARTIES." WHEREAS PHS and the County executed an agreement for the provision of Mental Health Servi7es herelnafter~'M~lnA~sreemont"), which expires on December ~ I, 2004, whereb~ PHS contracted, .to provIde ~ental health services to the inmates housed in the St. LUCIe County DetentIon Center (heremafter the lip ACILITY"). WHEREAS. PHS and the County desire to amend and extend said Main Agreement, along with all previous Amendments and Addenda thereto. WHEREFORE, in cnn!lideration of the mutual covenants contained herein, the receipt and !;l\fticicncy of which aro hereby acknowledged, it is hereby agreed, as follows: 1. Upon being executed by tbe Parties, this December 2004 Amendment shall take effect, and It shan continue In effect through February 28,2005, unJess it's terminllted sooner by the Parties; 2. Said Main Agreement is hereby amended 10 provide for an aggregate cap, on psychotropic medications, which shall be pro-rated at 42% oCthe annual limit ofS36,000. PHS's total liability shall not exceed $15,000, with the County being solely responsible for all costs above $1 S,OûO but, if e(penditurcs arc less than $15,000, PHS shall refund to the County an amount that equals the difference between SI5,OOO, and whatever amount is actualJy expended. PHS and the County shall perfonn a reconciliation of said aggregate cap, no later than 120 days after February 28. 200S, with the County having no funher obligation. for the co~t of psychotropic medications, for this extended term of said Main Agreement; and 3. In all other respects, the tenns and conditions of said Main Agreement, and all previous Amendments and Addenda thercto, as amended herein and hereby, shnll continue unchanged and in full force and effect ~ IN WITNESS WHEREOF. the PDnies hereto have executed this December 2004 Amendment in their officia! capacities. with legal authority to do so. ' ST, LUCIE COUNTY. FLORIDA PRISON HEALTH SERVICES, INC. BY. ~J~-/ Title: ~;~.:Ii:~, Date: ) 1jßt/ I/L(. By: Title: ß~dp IÅ\.~/J".:I Date: ~/,¡1ðV ATTEST: By: _ÇJ~ C'\ '0 c.r u.ê.. Title: . Ar\~\". ~ IT._ Dote: .~,J,;l ~.JJ:L!A. ATTEST: By: oc0 Title: 4~4~,~ Date: /~~ W_.._ , . To: Submitted By: \wi """" Agenda Request Item Number Date: C1¡" May 24, 2005 Consent Regular Public Presentation Leg. [ ] [X ] [ ] [ ] Quasi-JD [ Board of County Commissioners Growth Management -, ../ SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Presented By ~~ - Assistant County Ad;ñinistrator Contract amendment for avc - Job Growth Investment Grant (JGIG) February 1999, St. Lucie County entered into a JGIG contract with avc for the creation of 1000 jobs at an hourly rate of not less than $7.00 per hour, with a payout of $1 ,000,000 over a seven-year period. avc was paid $2,000 per job for the first 250 jobs created and $666.66 for additional jobs not to exceed 750 for a total creation of 1,000 jobs. This contract was written under an old policy that has been revised. At this time, Staff is recommending the County amend the agreement for jab creation and per job payout. The recommended per job payout for the next 117 jobs is $1806.00 with a maximum payout of not more than $211,302. This recommendation is based on the higher wage rate, the earlier timing of the job creations and a Regional Headquarters status of the Company. avc has received $788,666.00 in grant funds for the creation of 683 full-time equivalent jobs created in St. Lucie County. avc is a tremendous asset to St. Lucie County and has provided the County a Regional Corporate Headquarters site with a corporate name and image recognized throughout the country that provides additional jOb opportunities. 001-5215-582000-500 County Job Growth Investment Grant N/A Staff recommends the Board amend the JGIG contract between the County and avc and authorize payment. COMMISSION ACTION: CXJ APPROVED CJ DENIED o OTHER Approved 5-0 7ENCE: ~ Douglas M. Anderson County Administrator jY County Attorney Originating Dept.: Finance: Coordination! Sign~tu~s ~ Mgt. & Budget: /...... ~(.". Other: Purchasing: Other: (insert file ref) " '-" ...", COMMISSION REVIEW: May 24, 2005 GROWTH MANAGEMENT DEPARTMENT Tourism and Economic Development Division MEMORANDUM TO: Board of County Commissioners FROM: Assistant County Administrator DATE: May 24, 2005 SUBJECT: Contract amendment for avc - Job Growth Investment Grant (JGIG) February 1999, St. Lude County entered into a JGIG contract with QVC for the creation of 1000 jobs at an hourly rate of not less than $7.00 per hour, with a payout of $1,000,000 over a seven-year period. avc was paid $2,000 per job for the first 250 jobs created and $666.66 for additional jobs not to exceed 750 for a total creation of 1,000 jobs. This contract was written under an old policy that has been revised. At this time, Staff is recommending the County amend the agreement for job creation and per job payout. The recommended per job payout for the next 117 jobs is $1806.00 with a maximum payout of not more than $211,302. This recommendation is based on the higher wage rate, the earlier timing of the job creations and a Regional Headquarters status of the Company. ave has received $788,666.00 in grant funds for the creation of 683 full-time equivalent jobs created in St. Lucie County. avc is a tremendous asset to St. Lucie County and has provided the County a Regional Corporate Headquarters site with a corporate name and image recognized throughout the country that provides additional job opportunities. Staff recommends the Board amend the JGIG contract between the County and QVC and authorize payment. Respectfully submitted, ~-} ___ ''Î ../ ---:::::, Faye Outlaw, Assistant County Administrator , \wi .." FIRST AMENDMENT TO ST. LUCIE COUNTY JOB GROWTH INVESTMENT GRANT AGREEMENT THIS FIRST AMENDMENT TO ST. LUCIE COUNTY JOB GROWTH INVESTMENT GRANT AGREEMENT (the "Amendment") is hereby entered into by and between ST. LUCIE COUN1Y, a political subdivision of the State of Florida, by and through its Board of County Commissioners (the "County"), and QVC ST. LUCIE, INC., a Florida corporation (the "Company"), whose Federal Tax I.D. Number is 23-2988393. WIT N E SSE T H: WHEREAS, the County and the Company entered into that certain St. Lucie County Job Growth Investment Grant Agreement (the "Agreement") dated February 16,1999; WHEREAS, the County and the Company agree that the County has paid the Company $788,665.78 to date, pursuant to the Agreement; NOW, THEREFORE, in consideration of Ten Dollars ($10.00) in hand paid, the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. The recitals set forth hereinabove are true and correct in all respects and are incorporated herein by reference as if set forth herein verbatim. 2. Paragraphs 3.B. and 4.8. are hereby collectively modified by the addition of the following: The County shall pay the Company One Thousand Eight Hundred Six and 00/100 Dollars ($1,806.00) (the "Per Job Amount") for each additional Full-Time Equivalent Job above 683 jobs created in Year 6 (July 1, 2004 - June 30, 2005) and Year 7 (July 1, 2005 - June 30,2006), up to a maximum of one-hundred seventeen (117) Full-Time Equivalent Jobs; provided, however, through Years 6,7, andlor 8 (if extended) that in no event shall the County be obligated to pay more than a total of Two hundred Eleven Thousand Three hundred Two and 001100 Dollars ($211,302.00) to the Company. In the event the Company does not create at least one hundred seventeen (117) additional Full-Time Equivalent Jobs by the end of Year 7, the term of the Agreement shall automatically be extended for an additional year (Year 8 [July 1, 2006 - July 30, 2007]) during which the County shall continue to be obligated to pay the Per Job Amount for each Full-Time Equivalent Job created, up to and including one hundred seventeen (117). 3. For purposes of this Amendment, the number of Full-Time Equivalent Jobs created in Years 6, 7 andlor 8 (if extended) shall be calculated by those Full-Time Equivalent Jobs created in excess of 683. All additional jobs created beyond 683 are to be maintained through years 6, 7 and/or 8 (if extended). If additional jobs created beyond 683 are not maintained through years 6, 7, and/or 8 (if extended), then the Company shall reimburse the County One Thousand Eight Hundred Six and 00/100 Dollars ($1,806.00) for each job not maintained, but in no event shall the Company's obligation to reimburse the County exceed the amount paid by the County to the {00002685.4} g:\atty\agreemnt\QVC-IA -1- I '-' ...., Company pursuant to this Amendment. 4. Except as otherwise provided herein, all provisions of the Agreement shall remain in full force and effect as amended hereby. 5. The effective date of this Amendment shall be the date of the last signature as set forth below. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to St. Lucie County Job Growth Investment Grant Agreement on the date shown below the signature of each. COUNTY: ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA Deputy Clerk BY: Chairman Print Name: Date: APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney COMPANY: WITNESSES: QVC ST. LUCIE, INC. BY: Title: Print Name (Corporate Seal) Date: {00002685.4} g: \atty\agreemnt\QVC-IA -2- ~/ '-rTEM NO. C8A DATE: 5/24/05 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING DEPARTMENT ED PARKER. DIRECTOR SUBJECT: Approval of Hurricane Related Purchases BACKGROUND: See attached memorandum FUNDS AVAILABLE: Hurricane Frances Program #190026 - Various funds and organizations (emergency reserves to be reimbursed by FEMA) Hurricane Jeanne Program #1902 - Various funds and organizations (emergency reserves to be reimbursed by FEMA) PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board approve the attached list of hurricane related purchases. COMMISSION ACTION: ó(} APPROVED () DENIED ( ) OTHER Approved 5-0 County Attorney (X) JV Coord i n ation/S iqnatu res DO ANDERSON COUNTY ADMINISTRATOR Originating Dept. ( ) Mgt. & Budget ( ) Other ( ) Purchasing (X) 6// Other ( ) finance: (check for copy, only if applicable)_ · BOARD OF COUNTY COMMISSIONERS ....,; PURCHASING DEPARTMENT Ed Parker Director MEMORANDUM To: Board of County Commissioners From: Ed Parker, Purchasing Director kAf Date: MY 24, 2005 Re: Approval of Hurricane Related Purchases *********************************************************************************************************** BACKGROUND: Pursuant to a directive from the Purchasing Director, dated March 23, 2005, the hurricane related purchases, after March 25, 2005, are to be handled in accordance with normal purchasing procedures. Further background information and details on these purchases are available at the Purchasing Department. RECOMMENDATION: Staff recommends approval of the attached list of hurricane related purchases. ; '-' ...., BOARD OF PURCHASING COUNTY COMMISSIONERS DEPARTMENT ED PARKER, DIRECTOR PURCHASES FOR HURRICANE FRANCES PAGE 1 - 5/24/2005 P.O. # DEPARTMENT VENDOR DESCRIPTION AMOUNT TOTAL AMOUNT ADDITIONAL FOR ON HEALTH P251 0584 CENTRAL SERVICES PROPERTY SOLUTIONS DEPT ROOF 1,650.00 ADDITIONAL WORK - REMOVE 2 LAYERS OF OLD TILE - ROAD & P2511717 CENTRAL SERVICES COLLINS & AIRMAN BRIDGE SIGN SHOP 843.75 LIMITED BASELINE INDOOR AIR QUALITY/SAFETY ASSESSMENT & FINAL REPORT - OLD P2512431 CENTRAL SERVICES EE&G COURTHOUSE 2749.46 ASBESTOS CONSULTING P2512432 CENTRAL SERVICES GAUDET ASSOC. SERVICES - OLD COURTHOUSE 3,950.00 AlC LOAD CALCULATION- P2512451 CENTRAL SERVICES WWW ENTERPRISES CENTRAL SERVICES ADMIN. BLDG. 200.00 REPLACE ROOF - INDIAN RIVER P2512452 CENTRAL SERVICES SPADES CONTRACTING CO. SCRUB HOUSE GARAGE 8,500.00 REPAIR FENCE- ROCK ROAD JAIL - TO BOCC 4/12/05 - FOR P2512496 CENTRAL SERVICES MARTIN FENCE STATISTICAL PURPOSES 5,700.00 COVER TOP OF PARAPET WALL _ P2512516 CENTRAL SERVICES PROPERTY SOLUTIONS HEALTH DEPT. 1,650.00 25,243.21 P2512369 PW-SOLlD WASTE J. B. MATTHEWS ADDITIONAL DOOR REPAIRS 6,031.86 6,031.86 ADDITION TO P.O. - SLATS FOR CHAIN LINK FENCE AT HOLIDAY P2511775 UTILITIES ADRON FENCE PINES WATER PLANT 10,895.00 PR2552187 UTILITIES SEVERN TRENT ENV. SERVICES SERVICES - C98-12-185 24,420.88 35,315.88 TOTAL PURCHASE ORDERS - FRANCES 66,590.95 66,590.95 '-'" ....,; BOARD OF COUNTY COMMISSIONERS PURCHASING DEPARTMENT ED PARKER, DIRECTOR PURCHASES FOR HURRICANE JEANNE PAGE 2 - 5/24/2005 R2551672 PARKS & REC. THE SHED MAN TEMP. STORAGE SHED FOR EQUIPMENT - FAIRWINDS 1,990.00 P2512401 PW-ENGINEERING WASTE MANAGEMENT SERVICES - TO BOCC 10/19/04- C04-10-543 - FOR STATISTICAL PURPOSES ONLY 50,000.00 R2552186 UTILITIES SEVERN TRENT ENV. SERVICES SERVICES - PER C98-12-185 106,060.61 PURCHASE ORDERS· JEANNE 158,050.61 CREDIT CARD PUBLIC SAFETY 12,809.14 CREDIT CARD· JEANNE 12,809.14 TOTAL PURCHASES· JEANNE 170,859.75 FRANCES JEANNE TOTAL TO BOARD: 5/24/05 66,590.95 170,859.75 237,450.70 '-' BOARD OF COUNTY COMMISSIONERS PURCHASES FOR HURRICANE FRANCES/JEANNE PAGE 3 - 5/24/2005 TO BOARD: 10/05/04 - PO'S - FRANCES TO BOARD: 10/05/04 - CREDIT CARD STATEMENT - FRANCES TO BOARD: 10/12/04 - PO'S - FRANCES TO BOARD: 10/19/04 - PO'S & CREDIT CARD PURCH. - FRANCES TO BOARD: 10/26/04 - PO'S & CREDIT CARD PURCH. - FRANCES TO BOARD: 11/02/04 - PO'S. - FRANCES TO BOARD: 11/09/04 - PO'S - FRANCES TO BOARD: 11/15/04 - PO'S & CREDIT CARD PURCH. - FRANCES TO BOARD: 11/23/04 - PO'S - FRANCES TO BOARD: 12/7/04 - PO'S - FRANCES TO BOARD: 12/14/04 - PO'S - FRANCES TO BOARD: 12/21/04 - PO'S - FRANCES TO BOARD: 1/11/05 - PO'S - FRANCES TO BOARD: 1/25/05 - PO'S - FRANCES TO BOARD: 2/8/05 - PO'S - FRANCES TO BOARD: 2/22/05 - PO'S & CREDIT CARD PURCH. - FRANCES TO BOARD: 3/08/05 - PO'S & CREDIT CARD PURCH. - FRANCES TO BOARD: 3/22105 - PO'S - FRANCES TO BOARD: 4/05/05 - PO'S & CREDIT CARD PURCH. - FRANCES TO BOARD: 4/26/05 - PO'S - FRANCES TO BOARD: 5/24/05 - PO'S - FRANCES "'wI 24,870,890.27 188,462.70 877,545.68 942,831.71 125,799.29 125,619.99 8,177,287.88 3,190,311.52 169,414.35 70,620.13 292,007.84 72,365.75 258,477.26 3,609,460.51 799,224.21 186,092.63 152,822.90 107,126.89 240874.62 6,821,00 66,590.95 TOTAL FRANCES TO DATE: 44,530,648.08 44,530,648.08 TO BOARD: 10/12/04 - PO'S - JEANNE TO BOARD: 10/19/04 - PO'S & CREDIT CARD PURCH. - JEANNE TO BOARD: 10/26/04 - PO'S & CREDIT CARD PURCH. - JEANNE TO BOARD: 11/02/04 - PO'S - JEANNE TO BOARD: 11/09/04 - PO'S - JEANNE TO BOARD: 11/15/04 - PO'S & CREDIT CARD PURCH.. JEANNE TO BOARD: 11/23/04 - PO'S - JEANNE TO BOARD: 12/7/04 - PO'S - JEANNE TO BOARD: 12/14/04 - PO'S - JEANNE TO BOARD: 12/21/04 - PO'S - JEANNE TO BOARD: 1/11/05 - PO'S - JEANNE TO BOARD: 1/25/05 - PO'S . JEANNE TO BOARD: 2/8/05 - PO'S - JEANNE TO BOARD: 2/22/05 - PO'S & CREDIT CARD PURCH. - JEANNE TO BOARD: 3/8/05 - PO'S & CREDIT CARD PURCH. - JEANNE TO BOARD: 3/22/05 - PO'S. - JEANNE TO BOARD: 4/05/05 - PO'S. - JEANNE TO BOARD: 4/26/05 - PO·S. & CREDIT CARD PURCH. - JEANNE TO BOARD: 5/24/05 - PO'S. & CREDIT CARD PURCH. - JEANNE TOTAL JEANNE TO DATE: TOTAL HURRICANE EXPENSES TO DATE: 548,078.39 252,234.83 497,017.14 9,750.80 223,951.36 87,753.77 80,811.77 29,679,672.96 67,671.17 3,240.00 568,551.65 4,658,464.12 237,724.90 184,671.07 303,183.98 9,799.26 307824.8 31,767.33 170,859.75 37,923,029.05 PURCHASING DEPARTMENT ED PARKER, DIRECTOR 37,923,029.05 $82,453,677.13 rp '-" "'-t1I ~" .~' 'ü' 'J1.\ 'I- to, g' C::? ¡,~-~~ ~';~. ~~.~ ~ ~:;1',,,,, """""'~b r /- V . ' ST. LUCI COUNTY FLORIDA 2300 VIRGINA AVENUE, CIVIC CTR ,FORT PIERCE FL 34982 TTN: 772-462-3581 DESIREE 04-14":05 . ~ I I ~f=!II{1j¡~ 60646-1432 0344082 c.ØZ ~ COLEMAN COMPANY, INC WICHITA, K.A,NSAS 67201 _D TO: MISC'STATE AGENCIES MISCELLANEOUS ADDRESS OGDEN CITY UT 66601 MAKE CHECK PAYABLE TO THE COLEMAN COMPANY, INC, AND MAIL WITH REMIITANCE ADVICE TO: 5550 PAYSPHERE CIRCLE CHICAGO, IL 60674 VENDOR: 090011 090011 AUTHORITY: RUTH TOTTON 090011 ST. LUCIE COUNTY 04/07/05, PREPAID LRGR 04-12-05 · =f - · ~ "j' . a . . .. «ø .:::. SH'I:E),BE .NO: ,,1115·9,0'9:::,001"" ", >, ',<SHIPe,ED ,ERO,/rl':',:WICH17fA, K~, ,67,',2,19' ê~§,~,~'~.:::" ,'~" }}~.: ,:'.~'~ "./~~:~,~,~ ,,',~.~~,;~ £,~'¡ilEE-;'~~~g~,ã:;:~,1,~,,~?::~~:I7 j1" ", _1: J i":'f'.,,:¡t!'I:'jit:.J\.,.;' ~, "'434 ' 3EZ153A702 ' "CONVRTA" C'Or'''T6X25Xlr:5''"MZ ' RG ' 2T:'2T""" ' " '" ", 7 ," , . '" .;", "<'. "'''':':MoER GHA1h1:ID"X S E :ZJ;.Ø']iA;br.', "" '".r-, CHARGE :>Dl'fHAliY '" . ',. "'.~~"., ..... ~..,.. ., ... ..',. , .', ... . ,.. , . .. '" ,'. " "'" ",ROS,TIAGEJ6."ER'EI'GH¡¡¡;,t,:; ",~':", ".' Ð 1668 :':';";"H,,':'Y~~";"'¡""''þ;;:''à'iiI;iI!'1).,O'Q.();i'''''O!O~': · .,' '. '. ·":";'~·,~',:~~.":~<;":"~::!:::':¿:,.'::~,_:'="d~ ",.¡,!,:~, ;"""'"~,::,h.:"'~~"'~" ":¡,.':::::'~:,~':,v&~: ..";~;< ·~~~>"",;,,~~£;~i:~:~:~i~=:::::'i ;;';;z{,jJ ;~,J·;;~iJt:~Ú3;~&~Re!~;:5t~;£1$~1k1. "S?'6iHê'Qi!i:;;I~¡,~;¡;~ ~~¡i:~i~v,\~~;'~~: [t~S~l;è\~tffi¡¡$;~)¡¿,,,;,,;j;5f hereon aye !~; .. TERMS. CREDIT CARD 5::/"2'.,à09';14 u U \ - ="'--> ,'-' LAST PAGE OF 1 PAGECS) WE:: HERE~T CE::Rrrry THE Ã~DVE ~"~TICVk~F.S Rrt~ F>JUt:ts 'to liE:: TR.UE ..fit! ~C.ItRP:T, " .'-" ..., ITEM NO. C8B DATE: 5/24/05 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING Ed Parker. Purchasinq Director SUBJECT: Permission to advertise a Request for Proposals for Horseback Riding on the Beach at Frederick Douglass Park BACKGROUND: See attached memo FUNDS AVAilABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends approval for permission to advertise a Request for Proposals for Horseback Riding on the Beach at Frederick Douglass Park. COMMISSION ACTION: NCE: , .. k] APPROVED [] DENIED [ ] OTHER: Approved 5-0 Do g Anderson County Administrator Coordination/Signatures County Attorney: (X) ý Mgt & Budget:( ) 1'û Purchasing OiL: (X) $1 ( Other: Originating Oept: Other: Finance: (Check for Copy only, if Applicable) · BOARD OF COUNTY COMMiSSiONERS """'" PURCHASING DEPARTMENT Ed Parker Director MEMORANDUM To: Board of County Commissioners Ed Parker, Purchasing Director tJ f From: Date: May 24, 2005 Re: Permission to advertise a Request for Proposals for Horseback Riding on the Beach at Frederick Douglass Park *********************************************************************************************************** Background: Per attached bid request and scope of work, Staff is requesting permission to advertise a Request for Proposals for Horseback Riding on the Beach at Frederick Douglass Park. JOSEPH E, SMITH, District No.1. DOUG COWARD, District No.2. PAULA A. LEWIS, District No.3. FRANNIE HUTHINSON, District No.4. CHRIS CRAFT, District No.5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue - Fort Pierce, FL 34982-5652 - Phone (772) 462-1700 - TDD (772) 462-1428 website: www.co.st-lucie.f1.us Page 1 of 1 .. '-' """" Edward Parker - Horseback riding on the beach From: To: Date: Subject: Patti Raffensberger Parker, Edward 5/3/2005 4:07 PM Horseback riding on the beach Reply Requested: When Convenient Ed--please use time e-mail and not the first one, thanks Horseback Riding on the Beach Frederick Douglass Memorial Park Specifications Scope: Provide a 75 minute horseback ride from Frederick Douglass Park to Middle Cove and back, using existing trails. Rides cannot go north of Frederick Douglass Park or take place at any other beach location in St. Lucie County. Beach is open from sunrise to sunset for this activity. Describe any other services that might be offered in conjunction with the horseback ride. Ex: meals, entertainment. Horses must be trained and in good health. Vendor must abide by all applicable county ordinances, such as No. 82-10 and state regulations and observe restrictions relative to turtle nesting as set out in the St. Lucie County Land Development Code, Section 6.04.02.D. Specify: --Number of horses to be provided (maximum 15 per day, a lesser number is preferred to allow for individual riders.) --Frequency of rides, number of days per week and number of times per day (allow time for individual riders) --% of gross receipts to be paid to the County --List fee to be charged file:// C: \Documents%20and%20Settings \Administrator\Local %20Settings \ Temp \G W} 0000... 5/9/2005 Edward Parker - Bid request '-' - -------.-------.-.---.' -,"- From: To: Date: Subject: <intranet@co.st-Iucie.fl.us> <parkere@co.st-Iucie.fl.us> 5/3/2005 11 :35:31 AM Bid request ,.- ----,-,-----,---'--' ' ...., _________" Page 1 --~--~-_._------ ******************************************************************************* ProjectName: Horseback Riding on the Beach Department: Parks and Recreation Contact: Willie Redden Phone: 772-462-2159 Fax: 772-462-2377 Solicitation Type: RFP BidOpeningDate: 6-15-05 Bonds 1 : Bonds2: Bonds3: Bonds3a: - Select - Insurance1 : Insurance2: Insurance3: Insurance3a: Insurance4: Insurance5: Insurance6: PreBidConference: No RequestDate: RequestTime: - Select - ItemReqNo: n/a BoardAppDate: n/a FundNo: n/a Date: Tuesday, 03 May 2005 Time: 11 :35 AM ConfLocation: Bid Form Info: SpecReq Instruct: SupVendors: ~ / V ~EM NO. cac DATE: 5/24/2005 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Purchasinq Department Ed Parker. Purchasinq Director SUBJECT: Second extension for the suppliers listed on the attached Bid Award Form to Furnish and Install Fencing BACKGROUND: See Attached Memorandum FUNDS AVAILABLE: Funds will be made available from the various departments Operating Supplies Account on an as-needed basis. PREVIOUS ACTION: On April 6, 2004, the Board of County Commissioners approved the first extension to the contracts. RECOMMENDATION: Staff recommends approval of the second extension to the contracts with the suppliers listed on the attached Bid Award Form to Furnish and Install Fencing and authorization for the Chairman to sign the extensions as prepared by the County Attorney. COMMISSION ACTION: CE: KI APPROVED [] DENIED [ ] OTHER: Approved 5-0 u Anderson County Administrator Coordination/Signatures County Attorney:(X) )r Mgt. & Budget (X) Purchasing Mgr.:(X) ¿¡r Originating Dept: Other: Other: Finance: (Check for Copy only, if Applicable) BOARD OF COUNTY COMMISSIONERS ...., PURCHASING DEPARTMENT Ed Parker Director MEMORANDUM To: Board of County Commissioners Ed Parker, Purchasing Director çf f From: Date: Roo "'. May 24, 2005 Second extension for the suppliers listed on the attached Bid Award Form to Furnish and Install Fencing *********************************************************************************************************** BACKGROUND: On April 24, 2002 bids were opened to Furnish and Install Fencing as needed by various County Departments. On May 7, 2002, the Board of County Commissioners entered into a 2- year contract with two (1) one year renewals with the suppliers listed on the attached Bid Award Form. On April 6, 2004, the Board of County Commissioners approved the first extension to the contracts. Staff is now requesting approval of the second extension to the contracts. JOSEPH E. SMITH, District No.1. DOUG COWARD, District NO.2. PAULA A. LEWIS, District NO.3. FRANNIE HUTHINSON, District No, 4 . CHRIS CRAFT, District No.5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue - Fort Pierce, FL 34982-5652 - Phone (772) 462-1700 - TOO (772) 462-1428 website: www.co.st-iucie.fl.us '-' ....".¡ BID AWARD FORM Bid #: 02-058. Furnish and Install Fencinq Department: All S1. Lucie County Departments Term: Initial Term of two (2) years with two (2) additional one-year renewal options Effective Dates: May 7.2002 - May 6.2005 Following is the list of the vendors who responded to the above referenced bid. The contract was awarded to all four (4) vendors. This bid was for "Spot Market Purchase." Listed is the contact information for each vendor, which includes the contact name for Requests for Quotations. Please use attached Request Form. Vendor Name Vendor #1 Contract # C02-05-438 Adron Fence Co. Ross A. Chambers, Vice President 2762 NW 4th Street Okeechobee, FL 34972 Phone: (772) 465-3890 Fax: (863) 763-8404 Vendor #2 Contract # C02-05-411 OM AG, Inc. Danny McFarland, President 954 NE 101st Avenue Okeechobee, FL 34974 Phone: (863)763-6847 Fax: (772) 763-4790 Vendor #3 Contract # C02-05-104 Martin Fence Co. Martin D. Greene, Vice President 862 13th Street Lake Park, FL 33403 Phone: (561) 848-2666 Fax: (561) 848-4466 Vendor #4 Contract # - C02-05-481 United Fence & Steel George Quinn, Owner 367 Notlem Drive F1. Pierce, FL 34982 Phone: (772) 335-2627 Fax: (772) 466-9009 Tvpes of FencinÇJ Chain Link Woven Wire Barbed/Smooth Wire Woven Wire Barbed/Smooth Wire Chain Link Woven Wire Barbed/Smooth Wire Chain Link Woven Wire Barbed/Smooth Wire 5/17/059:45 AM '-' """" SECOND EXTENSION OF CONTRACT BETWEEN COUNTY AND UNITED FENCE & STEEL CONTRACT #C02-05-481 THIS SECOND EXTENSION, is made and entered into this day of , 2005, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and UNITED FENCE & STEEL. WHEREAS, on May 7, 2002, the County and the Contractor entered into a Contract whereby the Contractor agreed to furnish, install and repair various fencing on as needed basis for St. Lucie County for an initial term until May 6, 2004 with the County's option to extend the term of the Contract for two additional terms of one year each thereafter; and WHEREAS, on April 6, 2004 the County exercised the first one-year option and extended the term of the Contract through and including May 6, 2005. WHEREAS, the County intends to exercise the second one-year option and extend the term of the Contract through and including May 6, 2006. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Contract, the term of the Contract is hereby extended through and including May 6, 2006 on the same terms and conditions of the original contract. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN DEPUTY CLERK 1 \wi WITNESSES: - .."", APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY UNITED FENCE & STEEL Authorized Representative Print Name: Title: 2 \wi .....", SECOND EXTENSION OF CONTRACT BETWEEN COUNTY AND MARTIN FENCE CO. CONTRACT #C02-05-1 04 THIS SECOND EXTENSION, is made and entered into this day of , 2005, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and MARTIN FENCE CO. WHEREAS, on May 7, 2002, the County and the Contractor entered into a Contract whereby the Contractor agreed to furnish, install and repair various fencing on as needed basis for St. Lucie County for an initial term until May 6, 2004 with the County's option to extend the term of the Contract for two additional terms of one year each thereafter; and WHEREAS, on April 6, 2004 the County exercised the first one-year option and extended the term of the Contract through and including May 6, 2005. WHEREAS, the County intends to exercise the second one-year option and extend the term of the Contract through and including May 6, 2006. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Contract, the term of the Contract is hereby extended through and including May 6, 2006 on the same terms and conditions of the original contract. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN DEPUTY CLERK 1 \wi WITNESSES: "wi APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY MARTIN FENCE CO. Authorized Representative Print Name: Title: 2 '-' 'wtI SECOND EXTENSION OF CONTRACT BETWEEN COUNTY AND DM AG, INC. CONTRACT #C02-05-411 THIS SECOND EXTENSION, is made and entered into this day of , 2005, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and DM AG, INC. WHEREAS, on May 7, 2002, the County and the Contractor entered into a Contract whereby the Contractor agreed to furnish, install and repair various fencing on as needed basis for St. Lucie County for an initial term until May 6, 2004 with the County's option to extend the term of the Contract for two additional terms of one year each thereafter; and WHEREAS, on April 6, 2004 the County exercised the first one-year option and extended the term of the Contract through and including May 6, 2005. WHEREAS, the County intends to exercise the second one-year option and extend the term of the Contract through and including May 6, 2006. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Contract, the term of the Contract is hereby extended through and including May 6, 2006 on the same terms and conditions of the original contract. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. ATTEST: BOARD OF COUNTY COMMISSIONERS S1. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN 1 ~ WITNESSES: """" APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY DM AG, INC. Authorized Representative Print Name: Title: 2 '-' """" SECOND EXTENSION OF CONTRACT BETWEEN COUNTY AND ADRON FENCE CO. CONTRACT #C02-05-438 THIS SECOND EXTENSION, is made and entered into this day of , 2005, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and ADRON FENCE CO. WHEREAS, on May 7, 2002, the County and the Contractor entered into a Contract whereby the Contractor agreed to furnish, install and repair various fencing on as needed basis for St. Lucie County for an initial term until May 6, 2004 with the County's option to extend the term of the Contract for two additional terms of one year each thereafter; and WHEREAS, on April 6, 2004 the County exercised the first one-year option and extended the term of the Contract through and including May 6,2005. WHEREAS, the County intends to exercise the second one-year option and extend the term of the Contract through and including May 6, 2006. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Contract, the term of the Contract is hereby extended through and including May 6, 2006 on the same terms and conditions of the original contract. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN DEPUTY CLERK 1 \", . '-" WITNESSES: ...., APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY ADRON FENCE CO. Authorized Representative Print Name: Title: 2 'y '-frEM NO. caD DATE: 5/24/2005 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: Purchasinq Department Ed Parker. Purchasinq Director SUBJECT: Second Extension with the suppliers listed on the attached Bid Award Form for Rental of Construction and Industrial Equipment BACKGROUND: See Attached Memorandum FUNDS AVAILABLE: Funds will be made available from the various Departments operating supplies account on an as-needed basis PREVIOUS ACTION: On April 6, 2004, the Board of County Commissioners approved the first extension to the contracts with the suppliers listed on the attached Bid Award Form. RECOMMENDATION: Staff recommends approval of the second extension to the contracts with the suppliers listed on the attached Bid Award Form for Rental of Construction and Industrial Equipment and authorization for the Chairman to sign the extensions as prepared by the County Attorney. Approved 5-0 CE: COMMISSION ACTION: fX] APPROVED [] DENIED [ ] OTHER: o g Anderson County Administrator Coordi nation/SiQnatu res County Attorney:(X) ,k Mgt. & Budget ( ) Purchasing Mgr.:(X) d¡~ Originating Dept: Finance: (Check for Copy only, if Applicable) Other: Other: BOARD OF COUNTY COMMISSIONERS """" PURCHASING DEPARTMENT Ed Parker Director MEMORANDUM To: Board of County Commissioners Ed Parker, Purchasing Director ç;;{ f From: Date: May 24, 2005 Re: Second Extension with the suppliers listed on the attached Bid Award Form for Rental of Construction and Industrial Equipment *********************************************************************************************************** BACKGROUND: On May 8, 2002, bids were opened for Bid #02-060 for Rental of Construction and Industrial Equipment as needed by various County Departments. On June 4,2002, the Board of County Commissioners entered into a 2-year contract with two (1) one year renewals with the suppliers listed on the attached Bid Award Form. On April 6, 2004, the Board of County Commissioners approved the first extension to the contracts. Staff is now requesting approval of the second extension to the contracts. JOSEPH E. SMITH. District No,1 . DOUG COWARD, District NO.2. PAULA A. LEWIS, District NO.3. FRANNIE HUTHINSON, District NO.4. CHRIS CRAFT, District NO.5 County Administrator - Douglas M. Anderson 2300 Virginia Avenue - Fort Pierce. FL 34982-5652 - Phone (772) 462-1700 - TOO (772) 462-1428 website: www.co.st-Iucie.ft.us '-' ....., BID AWARD FORM Bid #: 02-060 Rental of Construction & Industrial Equipment Department: All St. Lucie County Departments Term: Initial Two (2) years with two (2) additional one-year renewal options Effective Dates: June 4, 2002 - June 3. 2005 Vendor Name/Contact Information Contract C02-06-478 Acme Dynamics, Inc. Bert Newton, Florida Sales Manager P.O. Box 1780 Plant City, FL 33564-1780 Phone (813) 752-3137 Fax (813) 752-4580 Cell (813) 918-1655 Contract C02-06-480 Nations Rent Teri Soobitsky (Government Account Manager) Cell (954) 275-9559 Jim Kaminski, Ft. Pierce Store Manager 5390 South US#1 Ft. Pierce, FL 34982 Phone (772)464-5626 Fax (772)464-0147 Contract C02-06-482 Briggs Equipment Mark Anthony, Governmental Sales Manager 7001 Industrial Drive, S. West Palm Beach, FL 33404 Phone (800)446-2474 Fax (561) 842-9546 Contract C02-06-490 Nortrax Equipment Co. Eny Sanchez, Governmental Sales 3933 Beeline Highway West Palm Beach, FL 33404 Phone (800)403-3373 West Palm Beach, FL 33404 Phone (800)403-3373 Fax (561) 848-7099 Contract C02-06-468 G. S. Equipment, Inc. Terry Bishop, Branch Manager 4501 Oakes Road Davie, FL 33314 Phone (954)327-8808 Fax (954) 327-8646 Contract C02-06-492 Ring Rent James Beck, Account Manager 415 Community College Parkway, S.E. Palm Bay, FL 32909 Phone (561) 201-2112 Fax (321) 725-1815 Contract C02-06-488 M.D. Moody & Sons, Inc. Michael Hayes, Sales Representative 4000 N. Powerline Road Pompano Beach, FL 33073 Phone (954) 974-1101 Fax (954) 974-0122 Contract C02-06-532 Smith Bras Contracting Equipment, Inc. Simon Smith, President 103 North 13th Street Ft. Pierce, FL 34950 Phone (772)460-9998 Fax (772)460-5110 · , \wi ....,I SECOND EXTENSION OF CONTRACT BETWEEN COUNTY AND RING RENT CONTRACT #C02-06-492 THIS SECOND EXTENSION, is made and entered into this day of , 2005, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and RING RENT. WHEREAS, on June 4, 2002, the County and the Contractor entered into a Contract whereby the Contractor agreed to provide for the Rental of Construction and Industrial Equipment for an initial term until June 3, 2004 with the County's option to extend the term of the Contract for two additional terms of one year each thereafter; and WHEREAS, on April 6, 2004 the County exercised the first one-year option and extended the term of the Contract through and including June 3, 2005; and WHEREAS, the County intends to exercise the second one-year option and extend the term of the Contract through and including June 3, 2006. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Contract, the term of the Contract is hereby extended through and including June 3, 2006 on the same terms and conditions of the original contract. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN 1 '-" WITNESSES: """" APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY RING RENT Authorized Representative Print Name: Title: 2 '-' ~ SECOND EXTENSION OF CONTRACT BETWEEN COUNTY AND NORTRAX EQUIPMENT CO. CONTRACT #C02-06-490 THIS SECOND EXTENSION, is made and entered into this day of , 2005, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and NORTRAX EQUIPMENT CO. WHEREAS, on June 4, 2002, the County and the Contractor entered into a Contract whereby the Contractor agreed to provide for the Rental of Construction and Industrial Equipment for an initial term until June 3, 2004 with the County's option to extend the term of the Contract for two additional terms of one year each thereafter; and WHEREAS, on April 6, 2004 the County exercised the first one-year option and extended the term of the Contract through and including June 3, 2005; and WHEREAS, the County intends to exercise the second one-year option and extend the term of the Contract through and including June 3, 2006. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Contract, the term of the Contract is hereby extended through and including June 3, 2006 on the same terms and conditions of the original contract. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN 1 ~ WITNESSES: """" APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY NORTRAX EQUIPMENT CO. Authorized Representative Print Name: Title: 2 ~ ....; SECOND EXTENSION OF CONTRACT BETWEEN COUNTY AND SMITH BROS CONTRACTING EQUIPMENT, INC. CONTRACT #C02-06-532 THIS SECOND EXTENSION, is made and entered into this day of , 2005, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and SMITH BROS CONTRACTING EQUIPMENT, INC. WHEREAS, on June 4, 2002, the County and the Contractor entered into a Contract whereby the Contractor agreed to provide for the Rental of Construction and Industrial Equipment for an initial term until June 3, 2004 with the County's option to extend the term of the Contract for two additional terms of one year each thereafter; and WHEREAS, on April 6, 2004 the County exercised the first one-year option and extended the term of the Contract through and including June 3, 2005; and WHEREAS, the County intends to exercise the second one-year option and extend the term of the Contract through and including June 3, 2006. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Contract, the term of the Contract is hereby extended through and including June 3, 2006 on the same terms and conditions of the original contract. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN 1 \wi WITNESSES: \wi APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY SMITH BROS CONTRACTING EQUIPMENT, INC. Authorized Representative Print Name: Title: 2 '-" '...,/ SECOND EXTENSION OF CONTRACT BETWEEN COUNTY AND ACME DYNAMICS, INC. CONTRACT #C02-06-478 THIS SECOND EXTENSION, is made and entered into this day of , 2005, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and ACME DYNAMICS, INC. WHEREAS, on June 4, 2002, the County and the Contractor entered into a Contract whereby the Contractor agreed to provide for the Rental of Construction and Industrial Equipment for an initial term until June 3, 2004 with the County's option to extend the term of the Contract for two additional terms of one year each thereafter; and WHEREAS, on April 6, 2004 the County exercised the first one-year option and extended the term of the Contract through and including June 3, 2005; and WHEREAS, the County intends to exercise the second one-year option and extend the term of the Contract through and including June 3, 2006. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Contract, the term of the Contract is hereby extended through and including June 3, 2006 on the same terms and conditions of the original contract. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN 1 'w WITNESSES: 'wi! APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY ACME DYNAMICS, INC. Authorized Representative Print Name: Title: 2 '-' """" SECOND EXTENSION OF CONTRACT BETWEEN COUNTY AND BRIGGS EQUIPMENT CONTRACT #C02-06-482 THIS SECOND EXTENSION, is made and entered into this day of , 2005, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and BRIGGS EQUIPMENT. WHEREAS, on June 4, 2002, the County and the Contractor entered into a Contract whereby the ContractQr agreed to provide for the Rental of Construction and Industrial Equipment for an initial term until June 3, 2004 with the County's option to extend the term of the Contract for two additional terms of one year each thereafter; and WHEREAS, on April 6, 2004 the County exercised the first one-year option and extended the term of the Contract through and including June 3, 2005.; and WHEREAS, the County intends to exercise the second one-year option and extend the term of the Contract through and including June 3, 2006. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Contract, the term of the Contract is hereby extended through and including June 3, 20060n the same terms and conditions of the original contract. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN 1 '-' WITNESSES: 'WI APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY BRIGGS EQUIPMENT Authorized Representative Print Name: Title: 2 ~ .....", SECOND EXTENSION OF CONTRACT BETWEEN COUNTY AND G.S. EQUIPMENT, INC. CONTRACT #C02-06-468 THIS SECOND EXTENSION, is made and entered into this day of , 2005, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and G.S. EQUIPMENT, INC. WHEREAS, on June 4, 2002, the County and the Contractor entered into a Contract whereby the Contractor agreed to provide for the Rental of Construction and Industrial Equipment for an initial term until June 3, 2004 with the County's option to extend the term of the Contract for two additional terms of one year each thereafter; and WHEREAS, on April 6, 2004 the County exercised the first one-year option and extended the term of the Contract through and including June 3, 2005; and WHEREAS, the County intends to exercise the second one-year option and extend the term of the Contract through and including June 3, 2006. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Contract, the term of the Contract is hereby extended through and including June 3, 2006 on the same terms and conditions of the original contract. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN 1 '-' WITNESSES: """" APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY G.S. EQUIPMENT, INC. Authorized Representative Print Name: Title: 2 \wi """" SECOND EXTENSION OF CONTRACT BETWEEN COUNTY AND M.D. MOODY & SONS, INC. CONTRACT #C02-06-488 THIS SECOND EXTENSION, is made and entered into this day of , 2005, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and M.D. MOODY & SONS, INC. WHEREAS, on June 4, 2002, the County and the Contractor entered into a Contract whereby the Contractor agreed to provide for the Rental of Construction and Industrial Equipment for an initial term until June 3, 2004 with the County's option to extend the term of the Contract for two additional terms of one year each thereafter; and WHEREAS, on April 6, 2004 the County exercised the first one-year option and extended the term of the Contract through and including June 3, 2005; and WHEREAS, the County intends to exercise the second one-year option and extend the term of the Contract through and including June 3, 2006. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Contract, the term of the Contract is hereby extended through and including June 3, 2006 on the same terms and conditions of the original contract. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN 1 '-" WITNESSES: ....., APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY M.D. MOODY & SONS, INC. Authorized Representative Print Name: Title: 2 '-" """'" SECOND EXTENSION OF CONTRACT BETWEEN COUNTY AND NATIONS RENT CONTRACT #C02-06-480 THIS SECOND EXTENSION, is made and entered into this day of , 2005, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County") and NATIONS RENT. WHEREAS, on June 4, 2002, the County and the Contractor entered into a Contract whereby the Contractor agreed to provide for the Rental of Construction and Industrial Equipment for an initial term until June 3, 2004 with the County's option to extend the term of the Contract for two additional terms of one year each thereafter; and WHEREAS, on April 6, 2004 the County exercised the first one-year option and extended the term of the Contract through and including June 3, 2005; and WHEREAS, the County intends to exercise the second one-year option and extend the term of the Contract through and including June 3, 2006. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Contract, the term of the Contract is hereby extended through and including June 3, 2006 on the same terms and conditions of the original contract. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN 1 ~ WITNESSES: """" APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY NATIONS RENT Authorized Representative Print Name: Title: 2 '\ ~ """" ITEM NO. CaE DATE: 5/24/05 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS Þ, PRESENTED BY: SUBMITTED BY: PURCHASING Ed Parker. Purchasinq Director SUBJECT: Water Main Extension, State Road 5 (U.S. 1) from Easy Street North to Ulrich Road, bid waiver, award from quotations. BACKGROUND: See attached memo FUNDS AVAilABLE: Account #39007-4115-563000-3804- Indian River Estate MSBU PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board declare this work an emergency, approve a bid waiver and award to the low quote from Ditchdiggers Inc., in the amount of $301,056.55, and authorization for the chairman to sign the contract as prepared by the County Attorney. Approved 5-0 ou Anderson County Administrator COMMISSION ACTION: 'DCJ APPROVED [] DENIED [ ] OTHER: County Attorney: (X) :K Coordination/Signatures Mgl & B,dgot( )~ -1lJ~ Purchasing Dir.: (X) dr Originating Dept: Finance: (Check for Copy only, if Applicable) Other: Other: ¡ " , ~ ....",¡ DIVISION OF ENGINEERING MEMORANDUM 05-126 Via: Ed Parker, C.P.P.B. - Purchasing Director Michael Powley, P.E. - County Engineer fv1Vf Craig Hauschild, P.E. - Capital Projects Engineer QA H TO: FROM: Date: May 18, 2005 Subject: Request Award of Water Main Extension, State Road 5 (U.S. 1) From Easy Street North to Ulrich Road Indian River Estates Water (MSBU) ......... ~ ~ ~; ~ Engineering has requested quotes from three companies presently installing water services for St. Lucie County Utilities, Astaldi, Ditchdiggers, and Danella. As requested, quotes from these contractors to install the Water Main Extension, State Road 5 (U.S. 1) from Easy Street north to Ulrich Road will be available at 2:00 p.m. Thursday afternoon, May 19, 2005. Your assistance awarding a contract to the lowest responsible bidder at the May 24, 2005 BOCC meeting is appreciated. Final construction plans for the Indian River Estates Water MSBU project are several months out. Construction of the project is projected within the 2006 - 2007 budget cycle. Unfortunately, the Florida Department of Transportation will be letting the State Road 5 (U.S. 1) widening from Rio Mar Drive to Midway Road project this August. This FDOT construction project is anticipated to last two years. Additionally, no pavement cuts will be permitted within this corridor for an additional 5 years upon completion of the FDOT project. For this reason the portion of the Indian River Estates MSBU project that falls within the FDOT U.S.1 rights-of-way has been fast-tracked. Funds will be made available in Account Number 39007-4115-563000-3804. cc: Daniel McIntyre, Esq. - County Attorney Don West, P.E. - Public Works Director Rebecca Padrick - MSBU Coordinator Cheryl Bouton - Sr. Accounting Clerk ~ a "" I ""-' 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 fit fit fit fit fit fit fit fit fit fit fit fit fit fit fit fit fit fit c:i a. 4It 0 ß II) u (.) 0 "¡: <oJ I- a. III ° 0 0 0 c 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 (.) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 'C 'ti fit fit fit fit fit fit fit fit fit fit fit fit fit fit fit fit fit fit ãi ß - II) u 0 i: "¡: z ::;) a. ° 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ 0 0 .n 0 0 0 0 0 0 0 0 ~ 0 0 0 cò cD 0 C; N <0 '<t C') <0 '<t co II) ~ 01 II) '" '" N ° '" N <0 N co '" co <0 C'). '" '" '<t II) '" '" ° N U IXf Ñ ori cD r--:- cD r--:- cò i ;;; Ñ t ori ",. ai Ò C'i cD ... fit N fit ;;; fit ;;; ;;; fit fit ;;; fit N ;;; fit fit c:i .E fit ;;; fit fit ..,. tñ ß II) CO') II) u 4ß- i: 0 "¡: ftI I- a. a. ° 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ° E ° ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ 0 0 ~ 0 ~ .n 0 .n cò ,..; ,,; '" ,..; .n 0 0 ,..; 0 (.) 0 C; N '<t C') '<t C') C') fit <0 '" 0 '" '" <0 .!J! '" N fit N 11). N fit fit fit fit ;;; ~ <0 o. II) IXf Ñ ori r--:- Ñ ai Ñ fit 'ii - II) fit N fit fit ;;; fit fit fit ;;; 'C c U fit ftI i: "¡: It: c ::;) Il. .c ° 0 0 0 0 0 0 0 0 0 0 0 0 0 II) 0 0 0 II) 0 0 0 II) 0 0 0 ~ <0 ° 0 II) II) II) N 0 0 0 II) (,) 0 0 0 ,,; .n .n 0 ìë '" .n ,..; 0 ,..; M cò '" .n ~ cD 0 0 '" '" '" 0 0 C') C') ~ 0 '" C') '" 0 ~ .~ 0 '" C') II) C') C') '<t N II) o. "'. '" '" '" N '" II) Ñ r--:- r--:- ai C'i IXf ai ;t ori ;;; ..¡ N IXf ;t ori C'i Ñ fit C!. :) fit fit fit fit N fit fit fit fit II) ;;; fit ~ II) fit ;;; fit fit ... U u 0 0 "¡: CO') ... .E l- ll. 4ß- .c ° 0 II) 0 0 C') '<t ° II) II) II) II) II) 0 0 0 0 II) 0 ° '<t ~ '" - <0 '" '" '" C') 0 ~ 0 0 ,,; .n .n N ;;; cò ..¡ ex) ,..; '" ex) 0 .n ° 0 ;;; II) '" N fit N II) '" '<t co N ~ 0 0 '" '" - fit fit fit fit fit '" 0 C'). Z Ñ r--:- fit ;;; ..¡ ori ;;; fit fit fit fit fit ....,¡ UJ ~ U) ca W - T'" . UJ :) - II) 'C ca 0 It: Q) ... S UJ c: 0 U) c: S >< w c: .- ca :E l- on Q) 0 ... 0 ca !::! ~ '" .... iñ '" ~ II) :ð ° ~ ~ - Q) ~ ~ CI' .:b 9 q CI' ~ t ¡¡; ~ ~ <0 ~ ~ N ~ ~ ~ ..... ~ C') C') ~ - - '<t <¡: <¡: Q) 0 ¿;¿; ¿; - ~ - ~ - ¿; ~ ~ .... :b - 0 0 0 0 0 'õ' 0 I .;, 0 c;; c;; .... ~ co '" 0 't:I .... N '" '" 01 g¡ '" '" ~ '" '" 0 .... ä5 0 0 co '" o 0 0 0 ~ 0 0 ~ ~ f'oo;.: c.. - - N II) ...-.-...... - - - ~ - ~ ~ 0' .,.;eM NO. C8F , DATE: 5/24/2005 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) CONSENT{X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY: PURCHASING DEPARTMENT ED PARKER. DIRECTOR SUBJECT: Invitation to Bid #05-018 - Clerk of Courts Office Building - Reject All Bids BACKGROUND: See Attached memo FUNDS AVAILABLE: PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends rejecting all bids and requests permission to revise specification, and re-advertise the Invitation for Bid. COMMISSION ACTION: r -.I' O() APPROVED () DENIED ( ) OTHER Approved 5-0 D ANDERSON COUNTY ADMINISTRATOR Coord ination/S iqnatu res County Attorney ( ) L Originating Dept. ( ) Mgt. & Budget ( ) Other ( ) Purchasing (X) d' ,/'7 =' ,,..... ¡ Other ( ) finance: (check for copy. only if applicable)_ ¡ \wi .. BOARD OF COUNTY COMMISSIONERS ....., ''';' PURCHASING DEPARTMENT Ed Parker Director MEMORANDUM To: Board of County Commissioners Ed Parker, Purchasing Director é) f From: Date: May 24, 2005 Re: IFB #05-018 - Clerk Of Courts Office Building - Reject All Bids *********************************************************************************************************** BACKGROUND: On April 14, 2004 bids were opened for IFB #05-018 - Clerk of Courts Office Building. Seven hundred seventy-two (772) vendors were notified, forty-three (43) documents were distributed, and four (4) responses were received. $6.9 million dollars was budgeted for the Clerk of Courts Office Building. All bids exceeded our budget. Staff recommends rejecting all bids, permission to revise the specifications, and re-advertise the bid. ¡ '-' PURCHASING DEPARTMENT ED PARKER, DIRECTOR ., BðARD OF COUNTY COMMISSIONERS TABULATION SHEET - BID #05-018 CLERK OF COURTS OFFICE BUILDING CENTRAL SERVICES OPENED: 4/14/2005 VENDOR BASE BID TEAM CONSTRUCTION CORP. AND MARK $ 10,922,972.00 CONSTRUCTION CO., A JOINT VENTURE PALM CITY, FL PAUL JACQUIN & SONS, INC. $ 11,116,000.00 FT. PIERCE, FL SIL TEK GROUP INC. $ 11,290,910.00 WESTON, FL HEDRICK BROTHERS CONSTRUCTION CO., INC. $ 11,775,000.00 WEST PALM BEACH, FL NUMBER OF COMPANIES NOTIFIED*: 772 NUMBER OF BID DOCUMENTS DISTRIBUTED*: 43 NUMBER OF BIDS RECEIVED: 4 . PER DEMANDSTAR.COM JOSEPH E.. SMITH, District NO.1. DOUG COWARD, District NO.2. PAULA A LEWIS, District No.3. FRANNIE HUTHINSON, District NO.4. CHRIS CRAFT. District NO.5 County Administrator - Douglas M, Anderson 2300 Virginia Avenue - Fort Pierce. FL 34982-5652 - Phone (772) 462-1700 - TDD (772) 462-1428 website: www.co.st-Iucie.fl.us ,,, '~ ~ ....., AGENDA REQUEST ITEM NO. C-9 DATE: May 24, 2005 REGULAR PUBLIC HEARING CONSENT [X] TO: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Management & Budget PRESENTED BY: Marie Gouin SUBJECT: Adopt Budget Resolution 05-224 to establish the budget for HUD Shelter Plus Care Grant for tenant rental assistance. BACKGROUND: On April 26, 2005, the BDCC accepted and approved the U. S. Department of Housing and Urban Development Shelter Plus Care Grant for tenant rental assistance in the amount of $454,440 (memo attached). In order to spend these funds, a budget should be established for FY05. FUNDS AVAILABLE: See attached Budget Resolution 05-224 PREVIOUS ACTION: On 4/26/2005 - Grant acceptance by the SDCC. RECOMMENDATION: Staff recommends the Board adopt Budget Resolution 05-224 to establish the budget for the HUD Shelter Plus Care Grant. COMMISSION ACTION: .- '~ X] APPROVED [ ] OTHER: [ ] DENIED Approved 5-0 CE: County Attorney: ~ o g Anderson County Administrator Coordination/Siqnatures Management & Budget: <:~~ Purchasing: Orig Dept: Central Services: Finance: (Check for Copy only, if applicable) PWorks: Other: Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at 772-462-1777 or ADD 772-462-1428 at least forty-eight (48) hours prior to the meeting. '-' ..", 1 MEMORANDUM 05-63 OFFICE OF MANAGEMENT & BUDGET TO: FROM: Board of County Commissioners Marie Gouin, Management and Budget Director SUBJECT: US Dept. of Housing and Urban Dev. Shelter Plus Care Grant DATE: May 24, 2005 On April 26, 2005, the BOCC accepted and approved the U. S. Department of Housing and Urban Development Shelter Plus Care Grant for tenant rental assistance in the amount of $454,440. In order to spend these funds, a budget should be established for FY05. Staff request approval of Budget Resolution Number #05-224 to establish this budget. '-' ...,¡ t RESOLUTION NO. 05-224 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 HUD Shelter Plus Care - Tenant Rental Assistance Grant in the amount of $454,440. 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 24th day of May, 2005, pursuant to Section 129.06 (d), Florida Statutes, such funds are hereby appropriated for the fiscal year 2004-2005, and the budget for the St. Lucie County Board of County Commissioners is hereby amended as follows: REVENUES 001180-4910-331510-400 U.S. Dept of Housing and Urban Dev. $454,440 APPROPRIATIONS 001180-4910-549605-400 Domestic Subsidy $454,440 After motion and second the vote on this resolution was as follows: Commissioner Frannie Hutchinson, Chairperson Commissioner Doug Coward, Vice Chairperson Commissioner Chris Craft Commissioner Paula Lewis Commissioner Joseph E. Smith xxx XXX XXX XXX XXX PASSED AND DULY ADOPTED THIS 24th DAY OF MAY, 2005. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY '-' ...., i AGENDA REOUEST ITEM NO: ~~ - DATE: April 26, 2005 Regular{ ] Public Hearing [ ] Consent [X ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Veterans Service ICommunity Services PRESENTED BY: Jody Bonet, Transit Manager SUBJECT: Authorize the Chair to sign all federal forms associated with the five year grant contract for $454,440 from the U.S. Department of Housing and Urban Development for tenant rental assistance. BACKGROUND: Community Services, Veteran Services and the Treasure Coast Homeless Services Council, Inc. submitted a combined grant package to the U.S. Department of Housing and Urban Development. The $454,440 grant will provide rental assistance for fourteen one bedroom apartments that will benefit St. Lucie County's homeless, disabled, Veteran population for five ye~'rs. There is DO cash match required. The in-kind match will include case management services already provided by the Veterans Services, mental health assistance from New Horizons, and other services provide¡il from the community that wiU assist these individuals to become independent. Since New Horizons and Martin County have partnered on the exact same program, New Horizons understand the match and reporting requirements and our Veteran Services handles similar reporting in their current job duties. FUNDS A V AIL: Local in-kind match will include services provided from Vetelrans Services, Community Services and New Horizons of the Treasure Coast. PREVIOUS ACTION: On July 13,2004, the Board authorized the submission of the grant application. RECOMMENDATION: Staff recommends that the Board Authorize the Chair to sign all documents associated with the U.S. Department of Housing and Urhan Development grant contract for $454,440. COMMISSION ACTION: [~ APPROVED I] DENIED I ] OTHER CONCURRENCE: Approved 5-0 D ref County Attorney: x µ~. Coordination/Sie.natures Maagement & Budget x ¡L-rg¡) * Purchasing: x Obet: Obet: Originating Department x Finance: x Check for copy only, if applicable -·11·--·..." . " . *~ . , ~ " D'.'./' U.S. Department of Housing and Urban Development ~ Washington, D.C. 20410-7000 -.",J ~~~~O~C)~[þ) c.<:'.~('\ (\ C-o.~'\~. ~~ OFFICE OF ASSISTANT SECRETARV FOR COMMUNITY PLANNING AND DEVELOPMENT January 25. 2005 Ms. Paula Lewis Chair. BOCC St. Lucie County Board of County Commissioners 2300 Virginia A venue Ft. Pierce, FL 34982 Dear Ms. Lewis: Subject: McKinney-Vento Homeless Assistance Competition Congratulations! HUD has approved your Fiscal Year 2004 McKinney-Vento ,Homeless Assist811ceaþþliMtiön(s)'fdrroìiding irithè'ãrii6tint of $454,440. A listing of individual projects and project numbers is enclosed. Your local field office will forward you a letter shortly providing additional information about finalizing your award(s). President Bush and Secretary Jackson have made the struggle to end chronic homelessness a high priority. The $1.23 billion in homeless assistance recently announced will support this initiative. These awards respond to local continuum of care plarming efforts and are designed to help homeless individuals and families move to self-sufficiency and permanent housing. The Department has been pleased with the impressive community-wide planning efforts presented in the application submissions over the past several years. The Department is proud that the project(s) identified by your community as high priorities wen~ selected for funding this year. Your organization is to be commended for its hard work and tireless efforts to end homelessness. . Congratulations again on your grant award(s). We are counting on you to use these precious resources in a timely and effective manner. Sincerely, n J..., ~ · \S\'4oo~ Nelson R. Bregón General Deputy Assistant Secretary Enc1osure(s) ,C";.,.,....ti"~';":.'i'Q'.N' ... ~c1osure I Ms. Paula Lewis St. Lucie County Board of County Commissioners FL29C40900 1 St. Lucie County Shelter Plus Care $ 454,440 "wtI TOTAL AWARDED: $ 454,440 Page 1 of 1 . ·t . "" '" , ," .. , ~ ~ r , ., ~ , ¡ ~ '1 ! ': ;.; " ~ .~~ Ii: J~ .i 1 ~~ :§ "b i I ,~ ~ ~ i ii ~ I~ i ! ,~ i J :1 ~. 1; ~ ;:, ~ " ¡ ., .~ J. i' « ~ ~1 ~ . j ~ I ¡;: ~ ~ "4 ..,¡ :\ ~.~ ~~ '. ¡~ ,! ~ ~ I i ¡ .~ ~ - ~/ '-" .....,¡ AGENDA REQUEST ITEM NO: C- /() DATE: May 24 2005 REGULAR ] PUBLIC HEARING ] CONSENT [ X] TO: SAINT LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks and Recreation PRESENTED BY: Pete Keogh SUBJECT: EQUIPMENT REQUESTS EQ05-329, EQ05-330 AND BUDGET AMENDMENT BA05-158 BACKGROUND: This agenda requests the Board's approval to purchase a pinball machine and a "Ms. Packman" game for the Lincoln Park Community Center. These games will be used in support of our summer camps as well as other programming activities during the year. Staff believes that new recreational options/activities will attract more children to the center. Currently, the center has pool tables, foosball games, and air hockey. These new pieces will add a lot more variety to the center's resources; we anticipate they will be very popular with the children. The cost of the pinball machine is $4,445.53 while the "Ms. Packman" game is $2,770.25. Budget Amendment BA05-l58 will transfer the $6053.00 needed for the $7,215.78 purchase, including shipping. FUND WILL BE MADE AVAILABLE IN: 001-7216-564000-7102 Recreation - LPCC (Machinery and Equipment) RECOMMENDATION: Staff requests the board's approval of Budget Amendment BA05-158 and Equipment Requests EQ05-329/EQ05-330 in the amount of $7,215.78. COMMISSION ACTION: CONCURRENCE: " .~ [~ ] APPROVED DENIED OTHER: Approved 5-0 county AttorneY'~ Originating Dept:~ Coordination/Signatures .' , Management & Budget: Rwþ Lt<V Purchasing: Other: Finance: (if applicable) H:\AGENDAS 04-05\5-24-05-LPCC PINBALL AND PACKMAN.DOC '-' .....,.¡ IQaldol County Commissioners Parks & Recreation DenartlBent MEMORANDUM To: Board of County Commissioners From: Administrative Manager, Parks and Recreation Thru: Director, Parks and Recreation Subj: EQUIPMENT REQUESTS EQ05-329, EQ05-330 AND BUDGET AMENDMENT BA05-158 Date: May 19, 2005 As we prepare for the upcoming summer season, staff requests the Board's approval to purchase a pin ball machine and a "Ms. Packman" game for the Lincoln Park Community Center. These games will be used in support of our summer camps as well as other programming activities during the year. Staff believes that new recreational activities will attract more children to the center. Currently, the center has pool tables, air hockey, and foosball games. These new items will add more variety to the center's resources; we anticipate they will be very popular with the children. The cost of the pinball machine is $4,445.53 while the "Ms. Packman" game is $2,770.25. Budget Amendment BA05-158 will transfer the additional $6053.00 needed for the $7,215.78 purchase. R\AGENDAS 04-05\5-24-05-LPCC PINBALL AND PACKMAN,DOC '-" ""'" BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Parks & Recreation / Recreation PREPARED DATE: 5/17/2005 AGENDA DATE: 5/24/2005 __;;.;0 ... ·\i.... ... ." ,"' ".. ....... TO: 001-7216-564000-7102 Machinery and Equicment $6.053 FROM: 001-7216-547000-7102 Printinq & Bindinq $1,250 001-7216-548010-7102 Promotional Advertisinq $1,100 001-7216-534000-7102 Other Contractural Services $1,703 001-7216-551200-7102 Eauicment < $1000 $2.000 REASON FOR BUDGET AMENDMENT: Transfer funds to purchase a pinball machine and a Miss Pacman game for the Lincoln Park Community Center. EQ05-329 and EQ05-330 CONTINGENCY BALANCE: N/A THIS AMENDMENT: N/A REMAINING BALANCE: N/A DEPARTMENT APPROVAL: td "ff' OMB APPROVAL: BUDGET AMENDMENT #: BA05·158 DOCUMENT # & INPUT BY: .9 t:: ~ 0>- :t::a> ..... a>~ ,... c: U I CO~ c: .!::: .- CO :g ui :2~ ..... U.c N COß ,... E_ o ..... en c: 8 8 ~ COo. E a> W II) U~ co_ Zo 0.._ 00 I/J c: t! I/J a> -~ .- E ~ a> Z en~ coã. :) eno a> E 0 -0 I/J 0 (J CO U ::eN ~- u ::e~ ~j a. a> 0« .9 .ç: OW ~ - U ~ CO » e E I-..J a.l/J a. .- z« co~ I/J :)0 =ei- oen co= o ·õ oU:: CD~ a> a> U-Q: =£ 00 .$ 0 I/J- CU- a> c: ::J a> 0-'"" ~I- ~;g «en :t::~ CO U OW - a> I/J '"" m:) _ 0 c: E ~ß ~- CO U a> ~ I/J=: zQ: '"" CO a>"t; :)1- E c: OZ E CO ::J - I/J I/J . OW a> '"" 0).- a> w::e - - c: .- c: .- > a> E;:¡ _0- 8uu 0- CO a> :):) 0.- ~ ::JCO_ c:_ ..JO a> .2 CO ~-I/J .w -CO a> l- E¡ ~ E _Uco en ~ ~ 0) 0 ('t) coa>= ('t) a.~ CO .h a>-.c '"" ~ I/J 8 a. 0 a>c:,E W ~~"t; I/J c: c: «a> co w a: ... z w 2 A. 5 a w \wi '-" C IiIt'T '-" '-II W ,i en en :; ~ ", ...' W ~$ ..- I-- . i = N ..., ~ :>; 0 ;. Q) .... Ti·; en 0' o~ ¡ 0 ~ ~). 0 _ U Z (J Zi t::~ - ~ .!: ,; ¡¿ -...'..... Q) co '. Z c: ui th i', 0 ,; co~ .... ... ~ ; c:.c ~ en en .'" en .- co W W is wy Q)- t/) ~ ~ ~ c:- .... ~,; ._ 0 8 .r::o 0:: ~ ¡.... i.,' ~.' UQ. CO Q) W It) ë "...' ..;. E.r:: zO - W ,; =- ........ CO c: 00 C .c Q) i! Z ë ;, .5 E _N w Q.Q) t/)~ W .... Z :E > COã. ::I t/)O :E 0 '.. Q) E 0 -0 0 ~ .' ~ 8 (J ::EN (J D.. ,..' ~ V .r::_ w %: F. ~j ::Eo:: ~ c f.., Q.Q) 0« ¡it 1-.. o .5 ; ,'~ -.r:: OW - U CO CO ~~ > E .. w e ..., ~ 0.(1) ..', 0.'- z« ;¡~ co~ D.. II) :JO w ~i- Ot/) ~ i~. co= o 'ü oU: , a:I~ 1--" Q) Q) u.o:: /.; :5£ 00 ·.·ii II) 0 (¡)- CU- . Q) c: ·i.; ~ ::I Q) 0-.... 0::1- ¡' Q):2 .... .- «t/) ~ :t::.r:: " CO U OW .... ~;. - Q) .! U) .... m:J . 0 c g r'; § E ~g ~ (J ~.~(" ~õ ~ Q) ~ ()::: . zO:: c ~¡¡; .... CO Q) ::I Q)-o- :JI- E E c: c: OZ E,.. ! E CO Q) ::I .U 'W 0 f:? U) II) Q) 0::E (J CI~ £ ~ '¡ c: .- .... i¡, .- > êó !:!:!a. CIS E+:I D.. i;,\ 8 U » 0- CO-o c 0.- CO :J:J c õ .;. ::I ~ ~ ..JO 0 u I. Q) .Q ãi i c .r::-II) W :J Q) ~. -COQ) . ! .....~ ~ õ ~ E l- I U L _Uco t/) ~ c ~~C> 1i!3 ~ 0 CO COQ)= oð :0= '" ::æ: ~i. o..r:: CO ~ CIS '. :æ Q)-.c en ! .... B II) 8 ~ I." .g "i; 0. 0 ... u Q)C:,E CIS ~ i.. .- ~~-o W D.. ~ " a- i; ~ c: C T Q) CO '....! .. .' 8 l- i.; Z ii o' w .:.: .'..'. ::I ., Z ~ n} .. 0 .....Q !ž Z I- ~ .. !;( W Z w :E .. ,i W l- .' (J :& I-Z ..; :E ¡ ¡:¡: D.. ~Q w 5 . "...' e: CJ ...~ D..!!Z ::I C en a w~ a ::I i, ::I W CC .. W In "') '-r' \..,; AGENDA REQUEST ......., ITEM NO. c-11 A DATE: May 24,2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: ROGER A. SHINN DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES SUBJECT: AMENDMENT NO.4 TO CONTRACT NO. C04-04-323 CENTEX ROONEY/SCHENKEL SHULTZ DESIGN/BUILDERS, L.C. BACKGROUND: SEE ATTACHED MEMORANDUM FUNDS AVAIL: 315-2330-562000-26003 (Buildings) 310003-2330-562000-26003 (Buildings) PREVIOUS ACTION: On April 5, 2005, Item No. c-6b, the Board of County Commissioners approved Amendment No.3 to Contract No. C04-04-323. RECOMMENDATION: Staff recommends the Board of County Commissioners approve Amendment No. 4 to Contract No. C04-04-323/Centex Rooney Schenkel Shultz, to change the plastic laminate counter tops to concrete in the dayroom at the Rock Road Jail, authorizing the Chair to sign the Amendment as prepared by the Attorney. Total cost for this change will be $23,041.00, however, the cost of this change of scope would be absorbed from the Sales Tax Savings Program. .MISSION ACTION: D(J APPROVED [] DENIED [ ] OTHER: Approved 5-0 CE: - ou Anderson County Administrator Coordination/Signatures Mgt. & B"dget~ ~ Othec ~ t ""'1 r ~ Purchasing Mgr.: 11,* County Attorney: ~ Originating Dep~ Finance: (Check for Copy only, if Applicable) Other: Eff. 1/97 H,\AGENDA\AGENDA-47 CETEX AMEND NO. IV.DOC '- """" MEMORANDUM DEPARTMENT OF CENTRAL SERVICES TO: BOARD OF COUNTY COMMISSIONERS FROM: Roger A. Shinn, Director DATE: May 24,2005 SUBJECT: AMENDMENT NO.4 TO CONTRACT NO. C04-04-323 CENTEX ROONEY/SCHENKEL SHULTZ DESIGN/BUILDERS, L.C. ****************************************************************************** BACKGROUND: On April 27, 2004, St. Lucie County entered into Contract No. C04-04-323 with Centex Rooney/Schenkel Shultz, L.c. for design and construction of the Rock Road Jail Expansion project. On 9/4/2004, the Board approved Amendment No. 1 to Contract No. C04- 04-0323. This Amendment No.1 established the procedures for the Owner Direct Material Purchases for the Rock Road Jail Expansion project. Exhibits "A" and "B" of Amendment No.1 include the Sales Tax Exempt Purchasing Procedures for Public Projects, these procedures would provide for tax-exempt purchases on the Jail Expansion project. It has been estimated that the sales tax savings would amount would be $180,726.00. Part of the scope of work for this project includes plastic laminate counter tops in the dayroom. Staff is requesting to change the counter tops from plastic laminate to concrete tops; this change would be conducive to the surroundings, a secured environment. The total cost for this change will be $23,041.00, however, the cost of this change of scope would be absorbed from the Sales Tax Savings Program. At the start of this project it was estimated that the sales tax savings amount would be $180,726.00. As directed in Exhibit "B", Section 19 (page 4 of 4) and Exhibit "7" (Schedule of Values) page 2 of 2, at the end of the project, any refund for surplus materials returned to suppliers plus applicable sales tax savings amount shall be credited. Staffis requesting permission to proceed with Amendment No.4 to #C04-04-323, that will approve the change of scope from plastic laminate to concrete counter tops in the dayroom at Rock Road Jail at a cost of $23,041.00. RECOMMENDATION: Staff recommends the Board of County Commissioners approve Amendment No.4 to Contract No. C04-04-323/Centex Rooney Schenkel Shultz, to change the plastic laminate counter tops to concrete in the dayroom at the Rock Road Jail, authorizing the Chair to sign the Amendment as prepared by the Attorney. Total cost for this change will be $23,041.00, however, the cost ofthis change of scope would be absorbed from the Sales Tax Savings Program. '.' '-' ...." CENTEX CONSTRUCTION t. 772-429,0658 f. 772-429-0886 P.O. Box 1779 Ft. Pierce, Florida 34945 QB 36475 CGC 005623 April 29, 2005 Mr. Roger Shinn St. Lucie County 2300 Virginia Ave. Ft. Pierce, Florida 34982 RE: Rock Road Jail Expansion - Job # 685 St. Lucie County, Florida SUBJ: Changing Laminate Countertops in Dayrooms Dear Mr. Shinn: Reference is made to a request to St. Lucie County to change the Dayroom Counter Tops from Plastic Laminate Tops to Concrete Tops. The total cost increase for this change would be $23,041.00. Per conversations with St. Lucie County, the cost of this Change Order was to be absorbed from the Sales Tax Savings Program. Attached are copies of our cost breakdown, including applicable subcontractor quotations. This proposal covers only the changes to the specific work as set forth in the attached breakdown, and is subject to any qualifications or conditions noted therein. Changes in the work and associated price adjustments other than those noted in our proposal are not included. Your early review and acceptance of this proposal will be appreciated. Ifadditional information is required, please advise. Sincerely, Kirk olbrook Assistant Project Manager cc: Centex Construction: John McNary \..f """" CENTEX CONSTRUCTION PROPOSAL # 0034 t. 772-429·0658 f. 772-429-0886 P.O. Box 1779 Ft. Pierce, Florida 34945 QB 36475 CGC 005623 ******************************************************************************************** The following additional work completed by CENTEX CONSTRUCTION is hereby approved: Costs: The total Cost to perform the work as described above is an ADD of Twenty Three Thousand Forty One Dollars ($23,041). Please indicate your acceptance and approval of this additional work in the space provided below. Reviewed by <~;?'1LÅ '- .d--' Authorization Granted by: G¿~ ti.,.-4-' - Date: S" h lor . Ç" /, /os Date: Proposal # 0034 File · , '-' """" Rock Road Jail Expansion Proposal Recap Proposal Number Description 0034 Changing Laminate Countertops in Dayrooms General Contractor - Direct Costs $0.00 $0.00 $0.00 $0.00 000.062000-S FINISH CARPEN Stamak International ($2,300.00) 000.031000-S FORMWORK SUBC Drawdy Brothers Construction II $15,083.00 000.040000-S Masonry Ron Kendall Masonry Inc. $10,258.00 Subcontracting Subtotal... $23,041.00 Overhead Subtotal... $0.00 Fees Subtotal... $0.00 PROPOSAL GRAND TOTAL... $23,041.00 '. 1 \w """" AMENDMENT NO. 1 SEPTEMBER 13, 2004 This Contract Amendment is annexed to and expressly made a part of the DESIGN- BUILD AGREEMENT (#C04-04-323) dated April 27,2004, by and between ST. LUCIE COUNTY ("COUNTY") and CENTEX ROONEY / SCHENKEL SHULTZ DESIGN/BUILDERS, L.C. rDESIGN-BUILDERII) to establish the procedures for Owner Direct Material Purchases for the Project known as ROCK ROAD JAIL EXPANSION ("Project") as set forth below; ARTICLE Owner Direct Material Purchase The DESIGN-BUILDER has received a "Technical Assistance Advisement" dated September 3, 1999 from the Florida Department of Revenue based on "Sales Tax Exempt Purchasing Procedures for Public Projects ("the Procedures"). The terms of the Procedures (as revised on January 24, 1997) will be controlling as to Owner Direct Material Purchases made on the PROJECT. If the Florida Department of Revenue assesses any sales tax penalties and/or interest against DESIGN-BUILDER or any of its Subcontractors or Material Suppliers relating to the direct purchase of materials and/or equipment by COUNTY as authorized by this paragraph, such taxes, penalties, interest and/or any legal and administrative fees expended by DESIGN-BUILDER as a direct result of any açtion or assessment made by the Florida Department of Revenue, shall be reimbursed by COUNTY to DESIGN- BUILDER in a prompt and reasonable manner and shall not be considered ~ Project Cost. The Owner Direct Material Purchases made on the PROJECT will be in accordance with the Technical Assistance Advisement, dated September 3,1999, and the Sales Tax Exempt Purchasing Procedures for Public Projects (as revised on January 24, 1994) attached to this Amendment and Marked Exhibits A and Exhibit B as follows: ~ Florida Department of Revenue Technical Assistance Advisement, , dated September 3,1999. ~0sa'es Tax Exempt Purchasing Procedures for Public Projects . (as revised on January 24,1997). Page 1 of 2 15. 16 17. 18. )1 ® Jut¡ l~:n ¡-AX ~ U~L"nUU urr~~c ~VIV/VV , ,'-' , .' 41'" ~ The Owner/PubllC Entity shall purchase and mamtain Insurance pursuant to the requirements set forth in we OwnerIPublic Entity and ConstructIOn Manager Agreement which shall be sufficiem to protect against any loss of or damage to OwnerlPublic Entity-Purchased equipment.., materials or supplies. Such insurance shall cover the full value of any OwnerlPublic Entity-Purchased Materials not yet incorporated into the Project from the time the Owner flISt takes title. The OwnerlPublic Entiry shall in no way be liable for interruption or delay in the Project, for any defectS or other problems with the Project.., or for any extra costs or time resulting from delay in the delivery of, or defects in. Owner/Public Entity-Purchased Materials. On a monthly basis, Subcontractor shall be required to review invoices submitted by all supplie~ of OwnerIPublic Entiry-Purchased Materials delivered to the Project site during that month and either CODcur or obj?ct to the Owner/Public Entity's issuance of payment to the suppliers, based upon Subcontractor's records of materials delivered to the site and any defects in such materials. In order tD arrange for the prompt payment to Ù1e supplier, the Subcontractor shall provide LO the OwnerlPublic Entity, through the Construction Manager, a list indicating the acceptance of the goods or materials in accordance with the est,blished monthly Payment Request Schedule. The list shall iDclude a copy of the applicable Purchase Order, invoices, delivery tickets, written acceptanCe of the delivered items, and such other documentation as may be reasonably required by tbe OwnerlPublic Entity. Upon receipt and verification of the appropriate documentation, the OwnerlPublic Entity shall prepare a check drawn to the supplier based upon the receipt of data provided. This check will be released, delivered and remitted directly to the supplier. The Subcontractor agrees IO assists the OwnerlPublic Entity to immediately obtain partial or fmal release of lien waivers a.s appropriate. At the end of the Project, any refund for surplus materials rerumed tD suppliers plus applicable sales taX savings amount shall be credited with an additive Change Order to the Subcontra.ctor's agreement with the Construction Manager. Salvage materia.ls shall be the property of the Owner/PubHc Entity and stored or removed from the site by the Subcontractor at the OwnerlPublic Entity's direction. PAGE 4 OF 4 Revised 1/24/9í ~ ....,¡ EXHIBIT "7" SCHEDULE OF VALUES FIRM FIXED PRICE $18,955,000.00 " 74 I g¡ .. Ö ~!! :?; ~ 8 § ~ ~ ~~~ I- Z UJ :¡: ::) o o a « <ë 2' "2 ëii § 2:- \i § ~ ~ ~ E 0. ¡g IX: CD rr s,;: ~ .gá ð ~§ ~ ¡ ~ ffi ~ E o 'd ~ e tl:i~£.B~ w<"]·~ I Õ '.ä ~ ~ cn~8e~ ZQ-¡-:i O ~ 1:.. - ~ 'CD ~ ~ I- -o.,"S <{ s '0 ~- 0 ::Jö~.2C: Z1:~lL~ t-~~,g~ ð§~~8 Ü<!ïS!R ~o.5:5 '-' ....., " Otf.J~ (0 .... I~ I' 0 ¡....;:¡o ... M M 0 fj~~ I') ... N 0 þ,. Is 1')' Ñ I~ ri IÓ Ib~ I') ... 10 ~I~ M .... ~ () Ñ I ..j .... ... ... ~ 0 0 0 0 0 ~ ~ .... 0 ... g ~ ~ ~ fjl (0 .... 0(0 I' 0 ... M N M 0 ~... 6'~ .... I' N 0 Ñ o' C'Ï IÓ ~o ó; I') co ... 10 t I') ... ~ 01 '-'..,.: Ñ . ... co" ~¡.... ... '6 ~ "it "it ¡JI. ¡JI. 0 0 0 0 ~ Ig ª~ 0 0 0 0 0 0 ~~g~ .~ ~ g~~g e ~... ~ ffi~~ ~~~ Q tf.Jo " ~ ~~ p., Q Z EJ tf.JO ~ ~5~ QO~æ:::u ~~ g¡::1 8 p.,~ ~g co .... íD I' 0 r; .... ~ (') 0 \I). N 0 ~ ìš ö ri \I)" C) Q) .... \I) ,= <'t 01 ~~ .... Ñ .... tD .... tf.J \ I " ! 011 c II ftI 5 !! u ::I II U (J) II ~ .¡.rCIJ c: .- ~ ~ ~ 0.3: '3-e p;.. trtV 0 WI ¡:Q ~ e 011 CI ,g :I e ~ E ~ - is E åíe5 ~ u OLL.oð (j æ tV 011 ff '" III Q <ë Ë8~ CI !! c III ~ II ¡¡: .!!O(!) U 011 ~ e ! (J) .~ (J) ::I ::I ~ II 'ii Z. U U CIJ ~. II II l- e cCI}CI} III CI III ~ i3 e e II 'ii Š III 0 0 'ii CI 0 [j II)ZZ II) 0 I- ~~ NI') ;1) 10 <: 1')1') I') AU c o "" tV .2 Q. 0. « >- tV a.. :>- II e N 0 'õ~ N X II .!! mc 011 II 0..0 " "\., 't ta '-" AGENDA REQUEST ...., ITEM NO. e - 1/ B DATE: May 24,2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: ROGER A. SHINN DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES SUBJECT: LEASE EXTENSION & MODIFICATION AT ORANGE BLOSSOM BUSINESS CENTER (C04-09-380) CLERK OF THE CIRCUIT COURT OFFICE SPACE BACKGROUND: SEE ATTACHED MEMORANDUM FUNDS AVAIL: Funds available in 001-1900-544000-190026 (Building Rental-Hurricane Francis) PREVIOUS ACTION: The Board approved a one (1) year lease between DeSantis Commercial Inc., and St. Lucie County Board of County Commissioners on September 21, 2004, Item No. RA-2. RECOMMENDATION: Staff recommends the Board of County Commissioners approve to extend the Lease Agreement (C04-09-380) between Desantis Commercial, Inc., and St. Lucie County Board of County Commissioners for an additional two (2) years. And upon Attorney's review and approval of this lease, authorize the Chair to sign. County Attorney: E: M~SSION ACTION: [~ APPROVED [] DENIED [ ] OTHER: Approved 5-0 -- Originating Dept: Finance: (Check for Copy only, if Applicable) Coordination/Signatures Mgt. & BUdget:~ Other: Purchasing Mgr.: Other: Eft. 1/97 H:\AGENDA\AGENDA-49 ORANGE BLOSSOM LEASE EXT..DOC ('" , ~ "'" MEMORANDUM DEPARTMENT OF CENTRAL SERVICES TO: BOARD OF COUNTY COMMISSIONERS FROM: Roger A. Shinn, Director DATE: May 24,2005 SUBJECT: LEASE EXTENSION & MODIFICATION AT ORANGE BLOSSOM BUSINESS CENTER (C04-09-380) ****************************************************************************** BACKGROUND: A Commercial Lease was executed on September 16, 2004, between DeSantis Commercial, Inc., and S1. Lucie County Board of County Commissioners, providing office space for the S1. Lucie County Clerk of Circuit Court employees, providing needed office space for these employees. Due to hurricane damage at the courthouse, they had to be relocated. The term of the lease was for one (1) year, October 1,2004 to September 30, 2005. Staff is requesting permission to extend the lease an additional two (2) years, upon the Attorney's review and approval of the lease. This will enable the Clerk of Court employees to occupy this space at the Orange Blossom Business Center until the Clerk of Court building is complete. (Lease Extension & Modification attached for review) RECOMMENDATION: Staff recommends the Board of County Commissioners approve to extend the Lease Agreement (C04-09-380) between Desantis Commercial, Inc., and S1. Lucie County Board of County Commissioners for an additional two (2) years. And upon Attorney's review and approval of this lease, authorize the Chair to sign. ,.....~ .. '-" "wi COpy LEASE EXTENSION & MODIFICATION THIS AGREEMENT made between DeSantis Commercial. Inc., Agent for the owner, as Landlord, and S1. Lucie County Board of County Commissioner., as Tenant, extending and modifying the lease dated September 16, 2004 at Orange Blossom Business Center, located at 4300 Okeechobee Road ,Fort Pierce, FL . 1. Lease to extend for Two (2) years: from October 1 s1, 2005 to September 30th, 2007. 2. The rental rate during Year I of the lease extension will be $16 per sf(or $13,428 per month) and the rental rate during Year II of the lease extension will be $16.50 per sf(or $13,847.63 per month). 3. The Landlord and Tenant agree to change paragraph 23C under Lease Summary to read the following: "Should Tenant want to lease additional space at Orange Blossom Business Center, Landlord and Tenant will negotiate the terms and conditions of the additional space. 4. All other terms, methods of payment and conditions of the lease mentioned above will remain the same except for the items 1 through 1, listed above. DeSantis Commercial, Inc. Agent for Landlord St. Lucie County Board of County Commissioner Tenant Signature Signature Date Date 1. C:\DOCUM&-l \ADMINI-l \LOCALS-l \Temp\Lease Extension & Modification.DOC · , - '-' 'wi ' AGENDA REQUEST ITEM NO. M DA TE: September 21, 2004 REGULAR [XX]-ADDITIONS PUBLIC HEARING [] CONSENT [] TO: BOARD OF COUNTY COMMISSIONERS PREsENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S. McIntyre SUBJECT: Clerk of the Circuit Court Office Space - Commercial Lease with DeSantis Commercial, Inc. BACKGROUND: See attached memorandum FUNDS AVAILABLE: Funds will be available in 001-1900-544000-190026 (Building Rental - Hurricane Frances) PREVIOUS ACTION: RECOMMEND A nON: Staff recommends that the Board ratify the County Administrator's emergency approval of the Lease with DeSantis Commercial. Inc. COMMISSION ACTION: CONCURRENCE: ~erso; County Administrator [~, APPROVED [ ] DENIED [ ] OTHER: Approved 4-0 (Corron. Bruhn Absent) County Attorney: ~/ P~<nM;"" :t::. / R;'kMS",- ,Et~~· - =$fl1 ~ Eff,5/96 Review and Approvals Management & Budget Originating Dept. Central Svcs Dir: Finance: (Check for copy only, if applicable) , ~ '-' AGENDA REQUEST ''WI ITEM NO. c-12 DATE: May 24,2205 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [x] INVESTMENT FOR THE FUTURE TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: ROGER A. SHINN DIRECTOR SUBMITTED BY (DEPT): CENTRAL SERVICES SUBJECT: APPROVAL TO USE CENTRAL SERVICES CAPITAL PROJECT RESERVES FOR IN- HOUSE RENOVATION & REMODELING OF PUBLIC WORKS OFFICE SPACE AND THE UDT SEAL MUSEUM BACKGROUND: SEE ATTACHED MEMORANDUM FUNDS AVAIL: 316-1930-599300-100 (Capital Project Reserves) FUNDS WILL BE MADE AVAIL: 316-1930-563000-1526 (Administration Annex Improvements) 316-1930-563000-75002 (UDT Seal Museum Repair & Improv.) PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board of County Commissioners approve the use of Central Services Capital Project Reserve funds in the amount of $35,000.00 for the renovation and remodeling work to be done at Public Works, Engineering Division, and UDT Seal Museum. MISSION ACTION: pc] APPROVED [] DENIED [ ] OTHER: Approved 5-0 D u derson County Administrator County Attorney: ~ Originating Dept: Coordination/Signatures Mgt. & Budget: ~þ Other: Purchasing Mgr.: Other: Finance: (Check for Copy only, if Applicable) Eff. 1/97 H:\AGENDA\AGENDA-48 PUBLIC WORKS MUSEUM RENO.DOC '-' "-" "'".., '" ,/'.'y «' '~'·'BI1Ðti~"",~n_"., CO~ÑTY-'~ FLORIDA MEMORANDUM DEPARTMENT OF CENTRAL SERVICES TO: BOARD OF COUNTY COMMISSIONERS FROM: Roger A. Shinn, Director DATE: May 24,2005 SUBJECT: APPROVAL TO USE CENTRAL SERVICES CAPITAL PROJECT RESERVES FOR IN-HOUSE RENOVATION & REMODELING OF PUBLIC WORKS OFFICE SPACE AND THE UDT SEAL MUSEUM ............................................................................... BACKGROUND: Public Works, Engineering Division, will need to be remodeled as well as have renovation work done to their office space. This will include installation of carpet, painting, electric andthe creating ofworkstations ($25,000.00). In addition, the UDT Seal Museum exterior needs painting and the cool-coat on the observation deck has worn off and needs to be recoated ($10,000.00). The museum will be participating in a muster for the month of November and staff would like to have this work completed for this event. Central Services staff, within the ConstructionlRenovation Division, can accomplish this work in house, generating a substantial savings in the total cost. It is estimated that the overall cost for this work to be accomplished for Engineering and the UDT Seal Museum will be approximately $35,000.00. Funding in the amount of $35,000.00 is available in Central Services Capital Project Reserves and staff is requesting approval to use these funds to accomplish these tasks. RECOMMENDATION: Staff recommends the Board of County Commissioners approve the use of Central Services Capital Project Reserve funds in the amount of$35,000.00 for the renovation and remodeling work to be done at Public Works, Engineering Division, and UDT Seal Museum. \wi '-..".I AGENDA REQUEST ITEM NO. C13 DA TE: May 24, 2005 REGULAR [] PUBLIC HEARING [] CONSENT [X] TO: Board of County Commissioners SUBMITTED BY (DEPT): Grants PRESENTED BY: Bill Hoeffner Grants Writer SUBJECT: Approve additional requested grant funds and additional match funds for a Hazard Mitigation Grant Program (HMGP) application to construct drainage improvements for the subdivision of Lakewood Park. BACKGROUND: On 4/19/2005, the Board approved the submittal of a grant application to the HMPG program requesting grant funding of $1,125,000. The Board also approved required 25% match funds in the amount of $375,000. The grant application was subsequently prepared with the assistance of Hazen and Sawyer Environmental Engineers. During the preparation of the grant application, it was realized that initial total project cost estimates were low by $188,000. This resulted in the grant request being increased by $141,000 to $1,266,000 and the required match being increased by $47,000 to $422,000. Given a grant application deadline which has now passed, the grant application was submitted with these revisions, but will be withdrawn if the revised costs are not approved by the Board. FUNDS AVAIL.: A 25% match in the amount of $422,000 is required. This is $47,000 more than the Board approved on 4/19/2005. These funds will be made available from either emergency reserves or line of credit. PREVIOUS ACTION: The Board previously approved funds for design of the project and also previously approved the submittal of the grant application and match funds of $375,000 from either emergency reserves or line of credit. RECOMMENDATION: Staff recommends the Board authorize the submittal of the grant application to the HMGP requesting $1,266,000 in funding, authorize the required match funds of $422,000, and the acceptance of the grant if it approved for funding. [x] [ ] APPROVED OTHER: [ ] DENIED Approved 5-0 ou as Anderson County Administrator COMMISSION ACTION: County Attorney: Originating Dept: Finance: (copies only): Jk Mgt , Budget: Publ.ic Works: Purchasing: Other: '-- '-' """" ITEM NO. c.-/4 DATE: Mav 24.2005 AGENDA REQUEST REGULAR: ( ) PUBLIC HEARING: ( ) CONSENT: (X) TO: BOARD OF COUNTY COMMISSIONERS P4:~ P.M. Bowers Utility Director SUBMITTED BY (DEPT): UTILITIES DEPARTMENT SUBJECT: Staff requests approval of a Work Authorization with LBFH, Inc. for engineering and surveying services related to the North Hutchinson Island Wastewater Treatment Plant expansion alternatives evaluation in the amount of $32,200.00. FUNDS AVAILABLE: Funds to be made available (449-3600-563005-300 -Improvements other than building/Consulting Engineer) PREVIOUS ACTION: Board of County Commissioners approved continuing contract #C05-04-177. RECOMMENDATION: Staff recommends Board approval of the Work Authorization with LBFH, Inc. for engineering and surveying services related to the North Hutchinson Island Wastewater Treatment Plant expansion alternatives evaluation in the amount of $32,200.00. COMMISSION ACTION: E: ~ APPROVED 0 DENIED o OTHER: Approved 5-0 o 9 sAnderson County Administrator Review and Approvals ~anagement and Budget: ~~ o Parks & Rec: !J Purchasing: 'D County Attorney: o Originating Dept: ~ ;k 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 ITO 772-462-1428, at least 48 hours (48) prior to the meeting. \wi """" UTILITY DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: P.M. Bowers, Utility Director DATE: May 24, 2005 RE: NHI WWTP Expansion Alternatives Evaluation BACKGROUND: LBFH, Inc. will be handling the engineering services related to the evaluation of process components for potential use at the North Hutchinson Island Wastewater Treatment Plant. This evaluation is to design the process for expanding the capacity for treatment of wastewater produced by the ultimate build-out population of the island and to produce reclaimed water for irrigation purposes. RECOMMENDATION: Staff recommends Board approval of the Work Authorization with LBFH, Inc. for engineering and surveying services related to the North Hutchinson Island Wastewater Treatment Plant expansion alternatives evaluation in the amount of $32,200.00. -- ~ """" B!!11, Exhibit A Scope of Services North Hutchinson Island Wastewater Treatment Plant Expansion Alternatives Evaluation SECTION 1: SCOPE OF SERVICES Pursuant to a request by S1. Lucie County Utilities (OWNER), LBFH, Inc. has prepared this detailed Scope of Services for the evaluation of process components for potential use at the North Hutchinson Island Wastewater Treatment Plant (WWTP). The Engineering Services to be provided by LBFH, Inc. (ENGINEER), described herein, address OWNER's desire to expand the North Hutchinson Island WWTP to provide capacity for treatment of wastewater produced by the ultimate buildout population of the island and to produce reclaimed water for irrigation purposes. This evaluation represents the first step in the design process for the WWTP expansion. Professional Engineering Services to be provided include: Task 1: NID Buildout Capacitv Study ENGINEER, in consultation with the S1. Lucie County Planning Department, will determine the ultimate buildout capacity of North Hutchinson Island. This investigation will include an evaluation of current developer agreements, existing buildable areas, and potential development density to determine the potential future population on the island. The results of the buildout capacity evaluation will be utilized to develop potential future wastewater flows to the North Hutchinson Island WWTP. The ultimate size of the WWTP expansion will be dependent on the results of this study. Task 2: Alternatives Evaluation ENGINEER will perform an evaluation of a number of WWTP process components to determine the optimum equipment and arrangement to cost- effectively meet the OWNER's needs and the projected demands of the island population. The evaluation will include, but not be limited to, the following elements: . Headworks o Screening o Grit Removal · Pistagrit · HydroIntemational · Teacup · Grit King C:\DOCUME-I \ADMINI-I \LOCALS-I \Temp\AFSEXH-I.DOC '-' ~ null · Aeration o Modification of existing surface aerators to include VFDs o Fine bubble diffusers o Coarse bubble diffusers o Membrane technology o Modification of existing basins · Clarifiers o Circular clarifier design o Clarifier location · Filters o Discfil ter o Traveling bridge · Chlorine contact o Horizontal expansion o Vertical expansion o Use of clearwell · Reclaimed water storage o Ground storage tank o Existing reclaimed water storage tank · Residuals Management · Miscellaneous o Surge tank o Covering plant The items listed above were discussed in the North Hutchinson Island Wastewater Treatment Plant Expansion Workshop attended by the OWNER and the ENGINEER. Related items not listed above that are discovered during the evaluation process may also be included for comparison purposes. In order to provide adequate infonnation to preliminary engineering may be perfonned. following: provide a recommendation, some These activities may include the 1. Review and analyzing of existing plans, specifications, pennits, reports, etc. 2. Preparation of preliminary hydraulic design calculations 3. Development of schematic site layouts that ìnclude modifications to existing structures as well as new components 4. Development of "order of magnitude" construction cost estimates 5. ,Development of descriptions of the physical components of the wastewater system The evaluation will include a feasibility assessment and a cost comparison. The alternatives will be incorporated into a maximum of three distinct sites plans to show the potential layouts of the processes. ENGINEER will prepare an C:\DOCUME-I \ADMINI-I\LOCALS-I \Temp\AFSEXH-I.DOC '-" ...", I~Jb"·"·" I11I;II INC. Alternatives Evaluation Report, which will include a comparison matrix and a recommendation to the OWNER. Task 3: Alternatives Workshop ENGINEER will attend one (1) meeting with the OWNER to review the results of the evaluation and determine a final course of action for expansion. Reimbursables Reimbursable expenses will include any direct, non-salary expense, including, but not limited to, photocopies, blueprints, out-of-office reproduction or photographic services, vehicle mileage, special mailing or delivery services, contract services authorized by OWNER, processing fees, legal advertisements and notices, title search services, special materials and survey markers. SECTION 2: DELIVERABLES ENGINEER will prepare an Alternatives Evaluation Report. Three (3) copies of this report will be submitted to the OWNER. SECTION 3: METHOD AND AMOUNT OF COMPENSATION Phase Description PAYMENT AMOUNT METHOD Evaluation ofNHI Buildout Capacity LS $2,500 Alternatives Evaluation Study LS $28,500 Engineer/Owner Meeting/Workshop LS $950 Reimbursables T&E $250 SECTION 4: SCHEDULE ENGINEER proposes the following completion schedule (NTP = Notice to Proceed): Phase Description Time of Performance (davs) After NTP 15 75 N/A Evaluation ofNHI Buildout Capacity Evaluation ofWWTP Process Components Engineer/Owner Meeting/W orkshop C:\DOCUME-I \ADMlNI-I\LOCALS-I \Temp\AFSEXH-I,DOC \wi 'WI I12!I1 SECTION 5: SPECIAL PROVISIONS 1. Any conflict between the tenus and conditions of this Exhibit "A" and the tenus and conditions of the "Agreement" should be resolved in favor of the Agreement. C:\DOCUME-l \ADMlNI-l \LOCALS-l \Temp\AFSEXH-l.DOC AGENDA REOUES' '-(yEN NO. CISA DATE. May 24, 2005 REGULAR [] PUBLIC HEARING [] CONSENT [X] SUBJECT. Commissioner Smith has requested that Ja homas serve as his appointee on the Bicycle/Pedestrian Advisory Committee. TO. Board of County Commissioners SUBMlnED BY (DEPT). Administration BACKGROUND. On March 8, 2005, the Board of County Commissioners approved the reorganization of the Bicycle Advisory Committee as the Bicycle/Pedestrian Advisory Committee. Members of the committee would serve the Board of County Commissioners by reviewing County policy and projects as they relate to bicycle and pedestrian needs. FUNDS AVAILABLE: N/A PREVIOUS ACTION: On March 8, 2005 the Board of County Commissioners approved Resolution 05-076 facilitating the reorganization of the County's Bicycle Advisory Committee into the Bicycle/Pedestrian Advisory Committee. RECOMMENDATION: Staff recommends that the Board ratify Commissioner Smith's appointment of Jan Thomas to the Bicycle/Pedestrian Advisory Committee. COMMISSION ACTION: 11 APPROVED [] DENIED o OTHER: Approved 5-0 Doug as M. Anderson County Administrator Re.lew and AD..o.a" County Attorney: _ Management & Budget: _ Originating Dept: _ Other: Finance: _ (ChecR for Copy only, if applicable) Purchasing: _ Other: Effective: 5/96 ...." Missy Stiadle - Bicycle &. Pedestrian Committee Appointee ~ Page 1 of 1 From: To: Date: Subject: Carin Smith Stiadle, Missy 5/17/2005 12:32 PM Bicycle & Pedestrian Committee Appointee c§/ MI¥l; Itt~k&< Hi Missy, Commissioner Smith has found an appointee for the Bicycle and Pedestrian Committee (thanks to Karen Butcher!) I have talked with Ms. Thomas and confirmed that she will serve on the Committee. She needs to know when and where the meetings will be held, and she needs an application mailed to her. Jan Thomas 313 St. Lucie Lane Ft. Pierce, FL 34946 489- 3684 Thanks! CCS Carin Smith, Executive Aide Joseph E. Smith District 1 St. Lucie County Board of Commissioners 2300 Virginia Avenue Fort Pierce, FL 34982-5652 (772) 462-1410 '%'" // \ l"/, "L\ 'J \ ~ \ ."' 1". \ i \...A.l\. \\.. v ./ \ \j ! , J \ file://C:\Documents%20and%20Settings\Administrator\Local%2OSettings\ Temp\GW} 000... 5/17/2005 ~ 'WI AGENDA REQUEST ITEM NO. C1 5B DATE: May 24, 2005 REGULAR ( ] PUBLIC HEARING ( ] TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT.): County Administrator SUBJECT: Florida Communities Trust Paleo Hammock Addition / FCT Project 04-044-FF4 Grant Contract BACKGROUND: Please see an attached memorandum FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that the Board authorize the County Administrator to send a letter to Florida Communities Trust authorizing the transfer of $45,867.38 from the Heathcote Botanical Park project to the Paleo Hammock Addition project and to execute the necessary documentation to and including an Al1"endment to the Grant Contract. LXI APPROVED ( ] OTHER: ( ] DENIED COMMISSION ACTION: Approved 5-0 [XX] County Attorney: .'î ,:4/ ff'J..f- Review and Approvals ] Public Works Director: ] County Engineer: [XX] Originating Dept.: ] Road & Bridge: ]OMB: Finance: (Check for Copy only, if applicable) Eff. 5/96 G:\ACQ\WP\JoAnn\Environmental\Paleo Hammock Addition\Amendment to Grant Contract Agenda Request.wpd ., '-' -....I ADMINISTRATION MEMORANDUM TO: Board of County Commissioners FROM: Douglas M. Anderson, County Administrator DATE: May 24, 2005 SUBJECT: Florida Communities Trust Paleo Hammock Addition / FCT Project 04-044-FF4 BACKGROUND: Attached you will find a Memorandum from the Property Acquisition Division along with a map showing the approximate 345 acres acquired in the Paleo Hammock Addition project. RECOMMENDA TION: Staff recommends that the Board authorize the County Administrator to send a letter to Florida Communities Trust authorizing the transfer of $45,867.38 from the Heathcote Botanical Park project to the Paleo Hammock Addition project and to execute the necessary documentation fo and including an Amendment to the Grant Contract. Respectfully s }mitted, D gl M. Anderson County Administrator G:\ACQ\WP\JoAnn\Environmentol\Paleo Hammock Addition\Amendment to Grant Contract Agenda Memo.wpd ~ ....".¡ PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Doug Anderson, County Administrator FROM: JoAnn Riley, Property Acquisition Manager DATE: May 10, 2005 SUBJECT: Paleo Hammock Addition Florida Communities Trust Project Number 04-044-FF4 ---------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------- St. Lucie County can submit annual grant applications to Florida Communities Trust (FCT) for approximately $6,600,000.00 in Florida Forever funding. In 2004 St. Lucie County received Grant Awards from FCT for $2,386,975.00 for the Paleo Hammock Addition project and $4,193,585.00 for the Heathcote Botanical Park project. County staff has completed the acquisition of the Paleo Hammock Addition project (approximately 345 acres) at a total cost of $4,957,419.50. The grant application submitted and approved by FCT stated a total project cost of $4,773,950.00. FCT provided 501'0 of the project costs. FCT has suggested St. Lucie County consider transferring $45,867.38 in funding from the Heathcote Botanical Park project to the Paleo Hammock Addition project. This transfer of funds would allow for a complete 501'0 reimbursement of County funds. FCT has stated we will acquire Heathcote Botanical Park in phases and this transfer of funds will not affect the funding for the Heathcote Botanical Park project. Please consider transferring $45,867.38 from the Heathcote Botanical Park project to the Paleo Hammock Addition project. Please advise if you need further information. cc: County Attorney Property Acquisition Division/file G:\ACQ\ WP\JoAnn\Environmental\Paleo Hammock Addition\Grant Funding Increase.wpd èI UOUJe:J - 1W'I. I (, LV!}) ,.. \'iJ: nI . t iN, no r, """" PACSIMILE TRANSMITtAL SHES! ro: Paul Ju1ing COMF.\NY: F10M: Tim Imhoff DATI" 5/17/05 PIIONS NUMBER: T07AJ, NO. or p"CbS !.~CLUDINC COVBR.: 3 MX NUM8!:111.; 772-462-2103 SENtlI'JR'$ Itnl"l'.ltn.'4C¡¡ N\JMI!~ 888-889-0770 x 206 1m: Lakcwood Pm x fOlllEVIEW x PLlZAsn RECYCLE The Infonnation Irl00rrilied is iUodld only for the pll'lOn onnlity 10 Nioh It 1.1dri'...ed and mlY contein acnftdentlal anel/or prllll~ maler!al, If !tie rncllr 0' I.hÎII f¡ørnle is not !he Ì'1tenc1ec1 _lent ,you Ire hereby notified that YOU have rece/VICI this facsimile in tr'I'CI' ard that any review. dlssemlna.on. dllrlbullon or copying rJ this message indudlrrg any 1t18d'rniWItl i, strictly prohibited. " ~u receiIItCI !!'iil In error, ~UI' contact the sender and discard till mitmrilL NOTES/COM..~ENTS: Paul, Paee review the following from Tim Imhof[ Thank you fOI chOO9Îng MU$co Sports Lightmg, Thank you, Jason Briggs Regional Sales Coordina.tot Iff ( íÎ~) ( crILl) 52fi- g V 'f C:l cJ 7 z:¡ /' C¿; If Lf5 nUl WF.5TCHI.!S'¡'I!f\ rn. I SUI1'U )00 IIIGH t>ðINT, Nè :1H~2 )H.8&7·I)HB ( !.OC^I,) HG.887.97~g ( 'Xo!.\.. Fl\r~R) )3(j_~A'.07" ( FAX ¥AY.172005 4:01PM ',' "QUOTA~N Terms: Net 30 Dáys F.O,B.: St. Lucie; FL Delivery: 6 - 8 Weeks No 5 c ~ c . P ¿~ I.."l..'j_, ~ I . ~. ...., ., I ;11,.' ". ", #" '. . Date: June 28, 2004 TO: Paul Julin - St. Lucie County Per the city of Jacksonville piggyback contract #SC-0649-o3. Lak.wood Park Baseball & Soccer DelCrtption QTV $Per 1) 70' mountirIQ Mi~ poles 'Mth 36 flxtul'l3'!l 1 $ 34,760 2) 70' mounting heí£tt poles .,..,h 18 fixtures 4 S 18,760 3) 70' ITIQuntlng heI¡t1t polel With 161ixtur.. 2 S 17,000 4) 70' moontlng heI~ pol. -M1h 9 fixlur. 4 $ 11,245 5) 70' ITIQunting heig,t pdø with a fixtures 4 $ 10,410 13) 10' mounting height poles with 16 fixtures 4 $ 18,760 7) 70' mounung height poIe& with 17 fi)åur. 4 $ 17,925 8) 70' mounling height poles with 14 fbctures 4 $ 16,420 9) 70' mounting height pOI. with 7 nxtures a $ 1;,575 10) 10' mounting height pol. with S fI>4ures 8 S 7.~5 11) L..,tI 8 Glare Control Visas ~ S 90 12) Ciaconnect. ~ $ 210 SUB-TOTAL Installation of PolulFlxtur8S 13) 70' mounting !'\eIght pel" with '.13 fixtures 24 $ 2,600 14) 7rj mOl.f1ting height pol.. with 14+ fiJd\Jres 19 $ 2,~ Hi) Concrete B.cktllI adder for 70' pole5 43 $ 300 SUB-TOTAL 16) 10 Club Warranty· 10 Year Parts & labor, including 2 500 $218 c:cmplete lamp chq&OUts at the II'Id d 5 yæn and again at the end of the 10 yMr werranty period. (based upcn 600 hourtJyear u..g.. Total, Tot¥I 34,750.00 76,040.00 34,180,00 44,980.00 41.640.00 75,040.00 71.70(Loo eU80,00 76,000.00 63,240.00 46,000.00 11,760.00 635,1510.00 82.400.00 5',100.00 12,900.00 130,400.00 10i,OOO,OO 876,Q10.00 Musco Sports Lightin¡ - 950 S, Pine Island Rd., Suite A-ISO·lOt3 - Plantation, FL 33324 Telephone 954-727-8443 - Fax 954-727-8445 - Mobile 9S4-629·8446 Page 1 of2 I~V. J)Ll I ¡ '-' FACSIMILE TRANSMITTAL SHEBT TO. Paul Ju1ing COMl',\NY: FlOM: Tim Imhoff DATI" 5/17/05 'IIONE NUMBER¡ TOTAl, NO. C)I' PACJ::\S INCLUDINC COVEll: 3 fAX:-I U M8J:i1\, 772-462-2103 SENDP,I1!S IU!I"'I'!IU!.'CE NIJa.æ~ 888-889-0770 x 206 1lJo;: Lakewood Pam X F01IŒVIEW' x PLlZAsn RECYCLE Tn. Infonnation Irll1lrrilted Ia intended only fcr the pInOn or entity to which It 1.1ddr...td and may contain oontldtnclal and/or pr1lll1eged material. If the rnder of LIt. uinla is not !he i'1lended rtclpltnt .you Ire nereby noti1Ied that you htlve recelYeå this tacsimile in trI'CI' ard that any review, dlssemlnaaan. dl.ribYllon or copying oIlhis messagt jnducl~ anv atlllC:I'I11t1"1t1 i.strlctIy prohibited. If you recet.tó 1I'Ii.ln Il'Ol', pi... contact the sender rei discard t1i1 malertlL NOTES/COM.."v!ENTS: Paul, PJ.::Me review the following frotn Tim ImhoŒ Thank you fOI à100eìng Musco Spons Lighti11g. Thank you, Jason Briggs Regional SaJcs Cootdina.tor Iff ( ííi-1) ( CjJL( ) &¿9~gl{y a eJ 7 z·:¡ /' <tlf Lf5 17u1 WF.STCHI!S'¡'I!I\ tn. I sUI'r,¡ 300 111011 POINT. NC aH~2 JH·BI¡1·0H8 ( LOCAl.) HG·881·87H ( lOLL 111m") 33G·Qil1.0771 ( F.AX : ¡VIA Y. ¡ f £ I) IJ? 4: VH'M NO,5929 . p, 2 ) " - '" QUOTA'~N ., I . ~. ..." .. j , . . \ ",,: ' Terms: ~et 30 Da.ys F.O,B.: St. Lucie, FL Delivery: 6 - 8 Weeks Date: June 28, 2004 TO: Paul Julin - St. Lucie County Per the city of Jacksonville piggyback contract #SC-0649-03. Lak.wood Park Baseball & Soccer Delcriptjon QTY . Per Total 1) 10' mounting htight poles with 36 fixtures 1 S 34,760 34,750.00 2) 70' mounting heigtt poles v.4th 18 fixtures 4 S 18,760 76,040.00 3) 70' mounting heI¡j1t po_ With 161ixtur. 2 S 17,090 34.1SO.00 4) 70' mounting helstIt pol. >M1h 9 fixtur. 4 $ 11,245 44.980.00 5) 70' mounting heig,t po\eS with e fixtures 4 $ 10,410 41.640.00 6) 70' mounting height poles .,..;th 16 fixtures 4 S 18,7150 75,040.00 7) 70' mounting height poles with 17 fbcturea 4 $ 17,g25 71.100,00 8) 70' mounling height poles .,..;th 14 fbctur. 4 $ 16,420 el1.esO,DO 9) 70' mounting "'eight pOI. With 7 fixtures a $ ;,575 78.tKJO.OO 10) 70' mounting høight poles with 5 fixtures 8 $ 7,905 63.240.00 11) Level 8 Glare Control Visors S)() $ 90 46,000.00 12) Oisconnec;t. ~ $ 210 11,760.00 SUB-TOTAL 835,110.00 If'stallatlon of Poi_Fixtures 13) 70' mounting height pel" with 1·13 fixtur.. 24 $ 2,600 82,400.00 14) 7r1 mCUlting height pel.. With 14+ fixtul"lS 19 $ 2,;00 ~',100.00 Hi) Concretl B.CkflII addø' for 70' poles 043 $ 300 12,900.00 SUB-rOTAL 130,400.00 18) 10 Club Warranty. 10 Year Parts & Laba, including 2 500 $218 10i.OOO.OO c:cmplete lamp changø-outs at the end d 5 yean and again It the end of tI'Ms 10 y.... werranty peri~. (based u¡)On 000 hours/year \,1"9.· Total, 876,010.00 Musco Sports Lightíng - 950 S, Pine Island Rd., Suite A-I 50·1 013 - Plantation, FL 33324 Telephone 954-727-8443 - Fax 954-727 -g445 - Mobile 954-629·8446 Page 1 of2 I'i1A Y. 1 / L I) I) ~ 4: V HM , NO. 5929 p, . -,..: " ,j ~ .I . ': '-' ....., · Pricing is for Installation of sports lighting fixtures and poles only. · Pric. DOES NOT INCLUDE sales tax on MATERIALS. A tax exempt certificate must be presented at the time of purchase to avoid these taxes. · Pricing DOES NOT INCLUDE Permitting Fees or Fees for Electrical Engineering. · Owner/Contractor to provide adequate acee'l to pole locations for equipment required to deliver and set poles. Site condItions must be accessible to allow installation of poles without damage to existing fields, concrete, sidewalks. asphatt, trees or structures. Repair of any damage beyond normal due care shall be the responsibility of the ONner. Musco, andlor ifs sub-contractors shall not be responsible for repair and/or replacement of sod/grasslconcrete/asphaltl treesl fences that may be damaged during Installation. Musco and It's sub-contractors shall use due care In the Installation of the sports lighting poles and fixtures. · Removal and/or repair and replacement of fencing to allow for Installation is the responsibility of the owner. · Installation assumes standard soils of 2000 pst with no rock, muck or abnormal collapsing holes · MU$cO is responsible for removal of spoils from augured holes. · Pole Iocstions to be surveyed by others. · Information contained herein relating to this Price Quote is Confidential and Is not to be shared, copied or otherwise transmitted without prior permission from Musco Sports Lighting. If you have any questions regarding Information provided herein. please give me a call at your eartiest oonvenience, Respectfully Submitted, Tim Imhoff Musco Sports Lighting.... 950 S. Pine Island Rd., Suite A·ISO·l 013 - PlarItation. FL 33324 Telephone 954-727·8443.... Fax 954·727·8445.... Mobile 954-629·8446 Page 2 of2 ""'" 1600 SW 52nd Way. Plantation. FL . 33317 Phone: 954-583-9756 . Fax: 954-629-8446 Quotation: Lawnwood FootbaU Stadium To: Pete Keogh - SI. Lucie County Date: August 31, 2004 QVANTITY 4 76 4 I 4 4 76 34JO Respectfully 9i#n §rnIto// Tim Imhoff District Sales Manager Tenns: Net 30 F.O.B. St Lucie County. fL Delivery: 6-8 weeks Pricin er the cin' of Jacksonville back contract SC-0549-03 DESCRIPTION. 100' mounting height poles with 19 fixtures Level 8 Glare Control Visors Disconnects Control T ,ink with Diagnostics Unit Price $37,505 $ 90 $ 210 $ 9,000 Extended Price $150,020 $ 6,840 $ 840 $ 9,000 Sub-TotaJ Installation of Poles/Fbtu r~ S258,350.00 ] 00' mouming height poles with 13- 40 fixtures Concrete BackfiJJ adder for] DO' poles $ 5,600 $ 300 $ 22,400 $ J,200 Sub-Total $ 23,600 10 year warranÍ)'- 10 Year Parts and Labor, including (2) complete lamp change-outs at the end of 5 years and again at the end of the 10 year warranty period (based upon 600 hours/year usage $ 218 $ 16,568 34] 0' of wire and connection switchgear @ $22/ft $ 22 $ 75.020 Total ~ S 281,J88 I" ~ "-' l· .. Procurement and Supply Division . DEPARTMENT OF ADMJNISTRA TION AND FINANCE NOTIFICATiON OF AWARD AND RELATED ACTIONS DATE: 5J30/03 MUSCO SPORTS LIGHTING ATTN: MICHAEL R. LIMPACH 1701 WESTCHESTER DR., SUITE 300 HIGHT POINT, NC 27265 BID: SC~549.o3 TITLE: PRICE AGREEMENT CONTRACT FOR PARK AND PLAYGROUND EQUIPMENT Ladies/Gen tlcm en: ~ You are a successful bidder on the above referenced bid. Bid is accepted subject to the terms, conditions and stipulations in our specifications. o Perform¡¡nce Bond in the amount of $ [as required In the origi1la/ biJpack(Jgø) m1'st b~ returned within 10 days from receipt of this notific<1tion. (PIIUM/! include bid number 011 ptrformance bond remitTance) CONTRACT DOCUMENTS OR PURCHASE ORDER TO FOLLOW. THIS IS NOT AN ORDER. Awarded as Follows: seE ATIACHED AWAAD LETT'ER o You are not a successful bidder, Bids are available for inspection in the Procurement and Supply Division. o Bid security is herewith returned; Chcck# Amount Sincerely, ~t!~ 117 WClJt DuvAl Street. S~it8 .135 JacksonvlUe, Florida 32202 Phone: (904)630-1184 Fax: (904)630-2151 FOnD GB-Il O. Itc¥iIIId 6'1998 . - I . - - -1- - - . - -I" .\.t__ _....._..... - -~, -- . . BID FORl\1 DATE: 3/25/03 City or Jacksonville Pr()Curernenl and Su Division REQUEST TO IUD NO. SC-Q549-03 THIS FORM MUST BE SIGNED AND INCLUDED IN BID SUBMISSION MUSCO SPORTS LIGl ITING LLC COM 170 I WESTCHESTER DR., STE 300 IIIGH POINT, NC 27262 FlDISSN# SUBMIT BID IN DUPLICATE THIS BID wn.L. BE OPENED ON Wednesday, April 23, 2003 2:00 P.M. IN TIm THm.D FLOOR CONFERENCE ROOM C. Crn" HA 1.L RESPONSE(S) TO BID MUST BE IN JN1C OR TYPEWRITIEN. BUYER: SANDY AVERELL PHONE: f904) 830-1498 BID S£CURITV REQUJREMENTS '2J None Required o ~Itled Ch~ ur Buuù Amounl: TI!:RM OF CONTRACT U One time purchase o Annual RiIIuircmc:nl 0 J',;~ will remain finD for one year fram d:lto of IWW ~ Other SUPPI.Y CONTRACT FROM JUNE 1.2003 THRU MAY 31. 2004 WITH 'TWO (2) ONE (1) REN SAMlIl.F. RF.nUIREM~NTS ONono Required o Samples Requirtd PRIOR to Bid Opening ¡;a üteraam: Required With Bid o ~ples May be: R.equlred Subsc:qucnl 10 nid Opening ~ANTrrIl!:S; Q,JltlIWes indiglc:d I\tC eJCacting r;a Q.aantitios ind~(ed n:flCC:llhco 1\p~'(\!(imA'''I]IJ''\litie., In he: T1urcha.~ tJmughouI c:oot!acl period Md are S'IIbjeçt 10 fluctuation in l\CICOI'd:utcc with 8CNal reouÎrements. PERFORMANCE BOND o None Requim! o Bond Required $ % cf' bid award FOR TECHNICAL INQUIRIES. CONTA.CT.i SUSAN SALTSGIVEJI, PARI(" REC. Te!echone: 904·630-35915 EXT.227 AGI£NCY: RECREATION PRICE AGREEMENT CONTRACT FOR PARK AND PLAYGROUND EQUIPMENT. AGREEMENT WILL BE IN ACCORDANCE WITH ATTACHED TERMS & CONDITIONS, SPECIFICATIONS AND 810 PROPOSAL FORMS. BASIS OF AWARD; MUL. T¡PLE AWARD TO ALl. aUAL.IFIED VENDORS. "0 TERMS OF PAYMENT: NETORA% DISCOUNT L1-,DAYS (DISCOUNTS OFFt:I.ED FOR PAYMENT' P£R10DS OF LESS THAN 30 DAYS WlU. NOT HE CONSIDERED IN M.A.K1NG If WARD) Bidder', CertIDcl\lkLn Material II r.O.B. DELIVERED TO: VARIOUS PARK LOCATIONS THROUGHOUT JACKSONVilLE. DcUvery ",ill he made In bUlin... <h.,. r. om roeelpt of purchan order. We havc rçcclVCd addreda /7' ,~ Y·;), )..~3 ? I Dolo k~t "S~ /~.J' 111'jr -rhrougb- Hanúwrilll:l1 Sillll11lurc ur ^utll(¡tiÌo.t Offic:cr ä Finn tlJ1 { (;. kr e I tZ L / 1?1 J':>t;1' Á -v Print Individual's Name &. Title Phone Number FWI Number 3.36 á b 7 C' 77 () , 6 â .D 7 a 7 .." I FORM GB·I02, Revlaed 6/1998 It_ _ _... - -. --, ..~-- --....--.... --~-- -.-- PROPOSAL FORM PRICE AGREEMENT CONTRACT FO~ PARK AND PLAYGROUND EQUIPMENT BID NO. SC-oS49-o3 BIDDER If) US ((] S Pð~T.5 L / 6jf T/ /1./6 Lt-C 170 ( Lue.$fc..A"~s fer Dr .;;(.(./ tc '3óò /~11¿1 j, ;1 h; f- iJ L ;21,;] {; .~ v PHONE 3~b - ~~7- 6770 FID# Lfd.-- 1$1175'1 E-MAIL j/fJ I J-é., L / M ¡JØc Co A . ~ mu.fCO. (.0/11 , CONTACT NAME(S) m I j e (;: ml'0 C I, .. 001f.l..' "12", / dtJ 1'1 T7 WI ...L.ffI h.o..{.:f I' &.6 Coú -h- 1. BIDDER CATALOG: Fixed percentage discount 8idder--11'1 LASC:.ð SPo¡¿T5 ~(6'rIT/~6' i-¿é- Discount off list price P r I <..~.J ffi LIS í iF .D' % ADDRESS CITY, STATE, ZIP CODE Installation: Fixed percentage of cost (after discounts) of equipment % 2. MANUFACTURER CATALOGS: Fixed percentage discount ¡u / It- Manufacturer Fixed Percentage Discount off MSRP Installation: Fixed percentage of cost (after discounts) of equipment % % Manufacturer JL; /14 Fixed Percentage Discount off MSRP % Installation: Fixed percentage of cost (after discounts) of equipment % 1 - - ,_ 'It _ _ _ ~ "'---1,- '- 11_____ '-.&. ."........ 11. """" --- '-- r· . BID NO. SC..Q549~3 2. MANUfACTURER CATALOGS: Fixed percentage discount (CONTINUED) M3nufacturer Fixed Percentage Discount off MSRP % Installation: Fixed percentage of cost (atter discounts) of equipment % Manufacturer Fixed Percentage Discount off MSRP % Installation: Fixed percentage of cost (after discounts) of equipment % 3. SUB-CONTRACTOR EQUIPMENT INSTALLERS: :See fJ/}t:-<c. J~d' . S/'~e~ 8usiness Name Address Telephone Number Contact Name Business NamÐ -- Address Telephone Number Contact Name NOTE~ Attach vÐndor/manufacturer WRITTEN CERTIFICA TION(S) naming bidder, and/or each of its sub-contractor installer(s), as an authorized installer certified to install park and playground equipment as required by each manufacturer. Failure to comply with this provision may result in rejection of bid. 2 v~~J~~ u~ L~;U{F I1~QO Llc;nl:01.n;; .:J;'¡¿-..(C:;:¡ - J. Of J..:J p.., Subcontractors Musco Sports Lighting LLC. 100 1s1 Avenue West OSkaloosa, IA 52577 M Gay Construction 15153 N Main Street Jacksonville, FL 32226 Daveo 1910 7th Avenue North Lake Worth, FL 33461 Southeast Electrical Contractors 3505-1 S. Kings Road Callahan, FL 32011 Electrical Contracting Service 2375 W. 7th Street Hialeah, FL 33016 Aneco Specialty Services 3060 Mercy Drive Orlando, FL 32808 --r·-~ -~ ~~.ur~ II~VV L-.L .'1""'&"1" """" v......'- -r~v L,.L...... 1".0 CONFLICT OF INTEREST CRR TIFICA TE SECTION 00320 BID# 5Co():W9"(~ Eiidùc;¡ uWSl.<:xccut<: either Section r or Section n h~reunder relative to Florida Statute 112.313 (12). Faih1re to execute either 5cction may result in rejection of this bid proposal. /Jí!1.-/!-,( ~~~<¿. SECTION I . I herebý certifÿ that no officiai or efhployee of the City or it's independent agencies requiring the goods or SClVices described in those specifications has a material fmancial interest in this company. /111~~·!(.~t-¿ /11(,1. J"() :5¡:t..'f'r.> Llé-/-{//J"d" ¿'i'C Signature . L Company Name . /']1/ I~ h~ ~ / ¡( LIPlJrOlÄ' Á / 7(..~ / ¿c.~c:¡¿d"Or- Name of Official (type or print) Busin=s Address lJ~yf,ß~d- ;~,{' d-7:UY' City, Stat'. Zip Code SECTION II 1 hereby cenißr that the following named City officlal(s) andlor employee(s) having material fmancial intc:resl(S) (in excess of 5%) Ù1 this company have med Conflict ofIntcrest Statements with Ih.c Supervisul' orTIlcdion.s, 10S EASt Monroe Slrect, Jacksonville, Duval County Florida. prior to bid opening. Name Tille of Position Date of Filing Signature Company Name Nlme of Official (type or print) Business Address City, Stale, Zip Code PUBLIC OFFICIAL DISCLOSURE Section 126.n 2 of the purchasing Code Requires that a public official who has a fmandaI inlerest in a bid or contract makl: ..d isc:losurc at the tùne that ~e bid orc:ontract is lIuhmiued or It the time that the public official acquires a flJlAncial intcrest in the bid or contract. Please provide discloslU'C, if app ticable, with bid. Public OírJCÍI\l Position Held Position or Relationship with. Bidder fORM (iØ-I~. n:Ii'bcd 611'" __I t__ -.... "'---.'- I~_V L....J.QII""....'.g """" - - ~ . '- ...... ... -, ..I. ...... r-. , WARRANTY INFORMATION FORM BID# SC-()549-Ð3 Item Number ALL EQUIPMENT Equipment Specified MANUFACT1JIU!R'S GUAAANTE& TOTHF erN AS SPECIFIED IN THE TERMS AND CON **. ALL BLANKS MUST BE FIU.ED AND SUBMITTED WITH BID *** MAKEAND MODEL OF EQUIPMENT PROPOSED: ;,11 U5 co L /ø ¡.¡ T JJ1-: 6 .ç f,ST£-¡Z Is there a warranty on the equipment proposed? V- Yes No Does warnuÜy Dpply t~ Ñ..L components or only pørt? (SIAfp.cx11licitly) <;'c-=e '. 14114.( Á~c(~ {.O ~i f {'a n'¡ '-1 i J'\ <; t,( b f'Y) ,4/ t?ðl c·):.~ J~ 7' II ·Paru wBrr;onty period ._ S.:rvice warranty period Nearest source for parts and/or service: J1Î U S' (6 <;1'(.,,('7.5 ¿ fð . Name and address of authorized service center(s): ::r~ ke ~T~ r fA.ß '?' t?S £'" Io(j~'~\ . Tor.-u "'- 'if 7 Î - 83 6 - .::J t 8'c~ (plea!c include name. address. cIty. stale. zip. and phone numbu) Name and address of the authority issuing this warramy: (menufBç¡un:r, ùi~\(ibutor etc.) -11J(..(.S<...c.' S r.Jj~J L,~/...+nv. ¡'O.box. It t}11.'.s''-a'Ý/''~ EJ4 . (pleasdnclude ngme. addr ,cilY. Slare. lip, Qnd phonenllrnber) .5"c7 76'/ COpy OF COMPLETE WARRANTY STATEMENT IS SUBMITTED HEREWITH: v-- -- YES NO NAME OF BIDDER: SIGNATUR~ h, TITLE f<e ~ ~"..Q -s:~ (¡V\~ PHONE NUMBER · Wðrooty period must meet or exceed Ihe warranty conditions as smted in thespccifica:ions on the bid. FO'" œ .A.-3, ~ fítl991 '-' ..."" Musco's Pricing List is for equipment that meets in all respects the City of Jacksonville sports lighting guidelines and specifications Bid Date: Apri122, 2003 MUSCO'S PRICE LIST All Prices are delivered - Terms: Net 30 days on delivery For installed packages, 25% Down Payment is requested Musco's Sports Lighting System This is a complete sports lighting system including all materials from the ground up. 40' mtg hgt With 2 each SC-2 Fixtures $3,200 40' mtg hgt With 12 each SC-2 Fixtures $11,500 50' mtg hgt With 2 each SC-2 Fixtures $3,670 60' mtg hgt with 2 each SC-2 Fixtures $4,200 60' mtg hgt With 11 each SC-2 Fixtures $11,450 60' mtg hgt with 18 each SC-2 Fixtures $17,875 70' mtg hgt with 2 each SC-2 Fixtures $5,400 70' mtg hgt with 22 each SC-2 Fixtures $23,060 1 Add $835. Per fixture for Additional fixtures, up to a total of 11 fixtures. Add $835. Per fixture for Additional fixtures, up to a total of36 fixtures. Add $835 per fixture for additional fixtures, up to a total of 19 fixtures. Add $835. Per fixture for additional fixtures, up to a total oflO fixtures. Add $835 per fixture for additional fixtures, up to a total of 17 fixtures. Add $835 per fixture for additional fixtures, up to a total of 27 fixtures. Add $835 per fixture for additional fixtures, up to a total of21 fixtures. Add $835 per fixture for additional fixtures, up to a total of 36 fixtures. -..., Page 2 - City of Jacksonville - 2003 Musco PriciDg 80' mtg hgt with 2 each SC-2 Fixtures $7,900 80' mtg hgt with 14 each SC-2 Fixtures $18,300 80' mtghgt with 23 each SC-2 Fixtures $25,500 90' mtg hgt with 2 each SC-2 Fixtures $12,200 90' mtg hgt with 9 each SC-2 Fixtures $19,200 90' mtg hgt with 16 each SC-2 Fixtures $31,000 100' mtg hgt with 9 each SC-2 Fixtures $23,800 - 100' mtghgt with 16 each SC-2 Fixtures $35,000 Safety Platforms: Add $975 per platform Pole Steps: Add $300 per pole for 40/50/60 foot poles Add $400 per pole for 70/80/90 foot poles Add $500 per pole for lOO/nO-foot poles """" Add $835 per fixture for additional fixtures, up to a total of13 fixtures. Add $835 per fixture for additional fixtures, up to a total of21 fixtures. Add $835 per fixture for additional fixtures, up to a total of36 fixtures. Add $835 per fixture for additional fixtures, up to a total of 8 fixtures. Add $835 per fixture for additional fixtures, up to a total of 15 fixtures. Add $835 per fixture for additional fixtures, up to a total of 40 fixtures. Add $835 per fixture for additional fixtures, up to a total of15 fixtures. Add $835 per fixture for additional fixtures, up to a total of36 fixtures. NOTE: Included in the above prices are delivery jobsite (tailgated), parts and labor, warranty as stated in accompanying literature (lamps for 2 years); sealed 2 . . '-' ....., Page 3 - City of Jacksonville - 2003 Musco Pricing foundation designs by a Florida Structural PE meeting wind speed per Florida Building Code 110 mph winds B Exposure. Wind speed and mounting height will dictate pole material type (metal vs. concrete). For 120 mph wind speed area, please add 9% to the price. Musco Ten Club Warranty Musco will provide complete 10-year parts and labor warranty on the entire Light Structure System including lamp replacement. Service is based on a 300 hour per year lamp usage. Optie~al ~º~,#ms for 600 and 900 hours are available ~colltaCtMus-ëO for m~ detäils. 'Add $148.00 per fixture on each Light Structure Pole. See attached 10 Club Service brochure for complete program details. Musco Multi Watt Option Musco's Multi Watt option provides for a high low dimming option for the 1500 watt and 1000 watt systems. System includes pre-wiring of system in the Sportscluster Remote Electrical Enclosure for LSS and SC-2 products. A Multi Watt Control Panel is required for each zone that is to be controlled. ADD: $60.00/fnture for each lamp to be controlled by the Multi Watt system ADD: $1,175.00.00 per zone for each area to be controlled for Multi Watt Control Box. Musco Control LinklContactor Cabinet System Musco's Control Link system provides a simple, cost effective way to operate and monitor your lights. Control Link™ automates field lighting schedules by an easy to use Control Link Central web site and/or 24/7 Control Link Central staff to assist you scheduling and reporting needs. Usage management reports are easily downloaded from the website and provide field lighting usage hours and group user information. This system will pro actively monitor the lights and automatically report lamp outages. Musco's factory assembled Lighting Contactor Cabinets are custom designed and a component of the Control Link system. Package includes (1) Control Link system with three years of Control Link Service by Musco along with our large 72" x 24" contactor cabinet with (8) 60 amp contactors and (2) OOA switches. Initial scheduler training and technician commissioning of the system is included. Price: $9000.00 3 ~ . ~ ....., Page 4 -City of Jacksonville - 2003 Musco Pricing Musco's Sportscluster Fixtures Pre-wired, pre-Aimed with necessary brackets to attach to poles For use on poles by others (not included) Musco "Z" Lamp with Symmetrical Reflector with Lower Inserts IMPORTANT: The City of Jacksonville recognizes that different manufacturers require different fixture quantities to achieve the iriitiallevels specified for a particular sports lighting site. Thus, the prices quoted per fixture are not relevant to "Best Buy for City of Jacksonville" until the City then provides each manufacturer the size of the area (field) they wish to light (defined by grid counts and grid size) and the initial light levels to be achieved. SC-2 SC-2 Remote Ballast Remote Ballast 1000 W 1500 W $695.00 $695.00 Spill and Glare Control: Level 8 visor (90% spill and glare control).. ... .. . .. . .... .$90.00 each Can be added to existing SC-l or SC-2 fixtures wlo reduction in field Light Levels. TLC (fotal Light Control)* ........ ........................... ...$158.00 each (*)TLC will result in 0 light spill onto nearby residential properties. When considering TLC, additional fixtures may be required to retain initial Light Levels. Disconnect Adder: On any of the remote ballast above add $210.00 to each pole, to have a Thermal Magnetic Disconnect included in the remote electrical enclosure (up to 18 fixtures per pole). Retra-Fit SC-l: (Musco's Older Technology, presently installed at numerous sites in the City of Jacksonvi1le) to SC-2 tecImology - (25% more light per fixture for same KW consumption). SC-l to SC-2Z....... .... ....;................ ...$180.00 each Package Includes: Reflector Insert 1500 W Spring-Loaded Z-Lamp Replacement Centering Ring 4 · , .. '-' """" Page 5 - City of Jacksonville - 2003 Musco Pricing Musco's Gym-Pak Built specifically for gymnasiums Remote Ballast/Dual Level Lighting for PE and Competitive Play Listed below, please find "Gym-Pale Systems" for various size gymnasiums and/or different light levels. Gym-Pak 8 8 each Gym-Pale Fixtures $6,064.00 Gym-Pale 12 12 each Gym-Pale Fixtures $9,096.00 Gym-Pale 16 16 each Gym-Pak Fixtures $12,128.00 Gym-Pale 20 20 each Gym-Pale Fixtures $15,160.00 Gym-Pak 24 24 each Gym-Pale Fixtures $18,192.00 Per fixture price is $758.00 each, which includes all items, is delivered and warranted.. Please refer to attached literature. For all projects OneS! than 8 fIXtures, please add shipping charge of 4% of order to handle additional freight costs. WARRANTIES Please refer to Musco's warranty shown on the product literature provided. MUSCO "POLE IN THE AIR" INSTALLATION OPTION The Mt,lsco System can be pmchased "installed." by a licensed Electrical Contractor certified by Musco. This price will include unloading of the equipment upon arrival to the job site, excavation of the holes, assembly of the poles and luminaires, all pole wiring, installation of the foundations, pole erection and lunùnaire aiming. Wiring for the System is ftom the lights/1u~inaire assembly down to the remote electrical enclosure at the base of the pole where it will be tenninated on the Musco supplied disconnect breaker. Note: Installation assumes standard soils of 2000 psf with no rock or abnonnal collapsing holes. Also, reasonable access to the pole locations must be provided and owner to dispose of excavated spoils from augured hole. 5 .. ( '-' """" Page 6 - City of Jacksonville - 2003 Musco Pricing -..: If concrete backfil1 is required, add $200.00 per pole for 40', 50' and 60' poles. For 70' and above poles, add $300.00 Musco will provide final footcandle testing upon installation and energizing of the lighting system. Owner to supply underground electrical feeders, ground rods, panelboard, labor and transformer to energize the lighting system. No Power Company fees are included in these prices. . Pole Size 40' 50' 60' 70' pole with 1 to 13 fixtures 70' pole with 14 to 27 fixtures 80' pole with 1 to 19 fixtures 80' pole with 20 to 33 fixtures 90' pole with 1 to 12 fixtures 90' pole with 13 to 40 fixtures 100' pole with 1 to 15 fixtures 100' pole with 16 to 28 fixtures Cost Per Pole $1,700.00 $1,800.00 $2,300.00 $2,600.00 $2,900.00 $3,200.00 $3,400.00 $3,800.00 $3,900.00 $5,100.00 $5,600.00 Add $500 per pole if steps and cages are installed. Electrical Service InstaJlation: Installation of electrical panelboards and underground electrical system by licensed electrical contractor: Provide and install the following. Note: All services are to be quoted at 277/480 volt three phase. Base all service feeders on a length of 150 feet at a burial depth of 3 6" with no obstructions in your path. Installation Number One: 1. (1) 200 amp three-phase meter can. 2. (1) 200 amp Main Circuit Breaker N3R 42 circuit panel with 8 three pole 30 amp breakers. 3. Service feeders. (4) 3/0 conductors in a 2 Yz "raceway. 150' 4. Build service rack out of2" galvanized pipe with galvanized uni-strut to accommodate meter can, electrical panel and one lighting contactor cabinet sized at 72" high, 36" wide and 12" deep. The lighting contactor cabinet will be provided by the sports lighting manufacturer and installed by you. Provide lump sum for above: $7,800 6 '>, ". .. '-' ....., Page 7 - City of Jacksonville - 2003 Musco Pricing Installation Number Two: 1. (1) 400 amp three phase meter can 2. (1) 400 amp Main Circuit Breaker N3R 42 circuit panel with 8 three pole 60 amp breakers. 3. Service feeders: (4) 500 mcm conductors in a 4»> raceway. 150' 4. Bui1d service rack out of2" galvanized pipe with galvanized uni-strut to accommodate meter can, electrical panel and one lighting contactor cabinet sized at 72" high, 36»> wide and 12»> deep. The lighting contactor cabinet win be provided by the sports lighting manufacturer and installed by you. Provide lump sum for above: $10.400 Installation Number Three: 1. (1) 600 amp three-phase meter can 2. (1) 600 amp main circuit breaker N3R 42 circuit panel 12 three pole 60 amp breakers 3. Service feeders: (2) 4»> raceways with(4) 300 mcm conductors in each. 150' 4. Build Service rack out of3" galvanized pipe with galvanized uni-strut to accommodate meter can, electrical panel and two lighting contactor cabinets sized at 72" high, 36" side and 12" deep. The contactor cabinet will be provided by the sports lighting manufacturer by others. Provide lump sum for above $14.500.00 Provide and Install the following: All prices are unit: 1. Connect wiring from one 3 pole 30 amp breaker tone 3 pole 30 amp contactor using 3 number 6 conductors distance 10 feet: $55.00 each 2. Connect wiring from one 3 pole 60 am breaker to one 3 pole 60 amp contactor using 3 number 4 conductors distance 10 feet: $65.00 each Provide and install the following pipe and conductors. All installations are to be pvc schedule 40 pipe at a burial of36" with thwn conductors. -1. 2. 3. 4. 5. 6. 2 y" pvc with (4) 3/0 unit price per foot: $22.00 4" pvc with (4) 500 mcm unit price per foot: $45.00 (2) 4" pvc with (4) 300mcm each: unit price per foot: $65.00 2»> pvc with (4) #1 thwn conductors unit price per foot: $15.00 Brooks 38T puIl box with g»>x8"x6" pvc box inside: $200.00 each Connect (4) #1 conductors ftom pull box to sports lighting pole distance 10": $75.00 each 7 _..oÄ:~~::~:;;;:;;;;:;;:~~~.~:~¡".~~.~~-¡;:;~~-~;;;;::~.._~~'~~-:'~-~_.~;;'~~~~~:;~~;;;:\~~;~~. ~ St. Lucie Count, Mosquito Cont.ol Dist.ict Paula A. Lewis, Chal.man Joseph E. Smith, Vice Chal.man Dou. Cowa.d F.annle Hutchinson Ch.1s C.aft Dlst.lct No. I Dlst.lct No. I Dlst.lct NO.2 Dlst.lct NO.4 Dlst.lct NO.1 AGENDA Map 24, 2001 I. MINUTES Approve the minutes from the meeting held on May 10, 2005 2. GENERAL PUBLIC COMMENT CONSENT AGENDA I. WARRANTS LIST Approve warrants List No. 33 2. MOSOUITO CONTROL Indian River Lagoon License Plate FY2005 Program and Treasure Coast Upland Invasive Exotic WorRing Group - Grant Application - Consider staff recommendation to authorize applications for an Indian River Lagoon License Plate FY 2005 Grant, in the amount of $47,10200, and for $200,000.00 from the Treasure Coast Upland Invasive Exotic WorRing Group, using FIND ($20,880.00) and District ($47,440.00) funding sources as additional project match. I. COUNTY AnORNEY Oceanique Development Company, Inc. - Acceptance of Conservation Easement - Consider staff recommendation to accept the conservation easement from Oceanique Development Company, Inc. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen 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 (m) 462-1777 or TDD (m) 462- 1428 at least forty-eight (48) hours prior to the meeting. ~ ,.., MOSQUITO CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: May 10, 2005 Tape: 2 Convened: 11 :30 a.m. Adjourned: 11 :31 a.m. Commissioners Present: Chairman, Paula A. Lewis, Frannie Hutchinson, Doug Coward, Joseph Smith, Chris Craft Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County Attorney, Don West, Public Works Director, Millie Delgado-Feliciano, Deputy Clerk 1. MINUTES (2-2020) It was moved by Com. Smith, seconded by Com. Craft, to approve the minutes of the meeting held April12, 2005, and; upon roll call, motion carried unanimously. 2. PUBLIC COMMENTS None 3. CONSENT AGENDA (2-2021) It was moved by Com. Craft, seconded by Com. Smith, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. The Board approved Warrant List No. 29, 30,31 and 32. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of Circuit Court '-' 05/13/05 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #33- 07-MAY-2005 TO 13-MAY-2005 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES 145 Mosquito Fund 145115 USDA/Indrio Blueway Buffer Res 369,204.09 50,996.50 GRAND TOTAL: 420,200.59 """'" PAGE PAYROLL 0.00 0.00 0.00 J. \ AG ENDA REQU EST"""" ITEM NO. (-2 DATE: May 24, 2005 REGULAR [ ] PUBLIC HEARING [ ] CONSENT [X] TO: MOSQUITO CONTROL DISTRICT BOARD SUBMITTED BY (DEPT): Mosquito Control PRESENTED BY: James R. David SUBJECT: INDIAN RIVER LAGOON LICENSE PLA TE FY2005 PROGRAM AND TREASURE COAST UPLAND INVASIVE EXOTIC WORKING GROUP - GRANT APPLICA TIONS BACKGROUND: Request for Proposals from the Indian River Lagoon License Plate FY2005 Grant Program and the Treasure Coast Upland Invasive Exotic Working Group, have been advertised recently by the SFWMD and FDEP, respectively. A total of $47,102.00 is potentially available for Saint Lucie County for wetland restoration and public education from the License Plate grant, and $200,000.00 from the Treasure Coast Upland Invasive Exotic Working Group. Local Match is proposed to be provided from FIND (in the amount of $20,880.00), and the Mosquito Control District (in the amount $47,440.00 in FY2006 Budget Proposal). The total project cost is estimated to be $315,422.00. Staff proposes submitting applications to improve coastal wetlands and fringing uplands at Blind Creek and Ocean Bay Parks, by: removing exotics and vegetative debris that is a threat to public safety (resulting from Hurricanes Frances and Jeanne), restoring the habitat by replanting native plants, promoting impoundment hydrological circulation via purchase and installation of two pumps; and improving public access to, and awareness of, the Indian River Lagoon, by installing a fishing/observation pier and educational signage. FUNDS A VAIL.: Local matching Funds will be made available from; 145-6230-563000-600 Imp O/T Bldg; 145-6230-564000-600 Machinery & Equipment (from the FY 2006 Submitted Budget); and grant funds will be made available from 145824-6230-563000-600 Other Contracted Services - SFWMD IRL License Plate FY2005 grant and others PREVIOUS ACTION: N/ A RECOMMEND A TION: Staff recommends that the Board authorize grant applications for an Indian River Lagoon License Plate FY 2005 Grant, in the amount of $47,102.00, and for $200,000.00 from the Treasure Coast Upland Invasive Exotic Working Group, using FIND ($20,880.00) and District ($47,440.00) funding sources as additional project match, and pending County Attorney review and approval of the Agreement. COMMISSION ACTION: CONCURRENCE: ¡)C] APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 Do las Anderson County Administrator Review and Approvals County Attorney: Management & Budget Purchasing: Originating Dept. Other: Other: Finance: (Check for Copy only, if applicable)_ Eff. 5/96 ~ \wi "wtI MEMORANDUM TO: MOSQUITO CONTROL DISTRICT BOARD FROM: JAMES R. DAVID, MOSQUITO CONTROL DIRECTOR DATE: May 13,2005 SUBJECT: INDIAN RIVER LAGOON LICENSE PLA TE PROGRAM FY200S AND TREASURE COAST UPLAND INVASIVE EXOTIC WORKING GROUP - GRANT APPLICATIONS BACKGROUND: Request for Proposals from the Indian River Lagoon License Plate FY2005 Grant Program and the Treasure Coast Upland Invasive Exotic Working Group, have been advertised recently by the SFWMD and FDEP, respectively. A total of $47,102.00 is potentially available for Saint Lucie County for wetland restoration and public education from the License Plate grant, and $200,000.00 from the Treasure Coast Upland Invasive Exotic Working Group. Additional match is proposed to be provided from FIND (in the amount of $20,880.00), and the Mosquito Control District (in the amount $47,440.00 in FY2006 Budget Proposal). The total project cost is estimated to be $315,422.00. Staff proposes submitting applications to improve coastal wetlands and fringing uplands at Blind Creek and Ocean Bay Parks, by: removing exotics and vegetative debris that is a threat to public safety (resulting from Hurricanes Frances and Jeanne); restoring the upland habitat by replanting native plants; promoting impoundment hydrological circulation via purchase and installation of two pumps; and improving public access and awareness to the Indian River Lagoon by installing a fishing/observation pier and educational signage. A draft agreement is provided for County Attorney review and approval. RECOMMENDA TION: Staffrecol11l11ends that the Board authorize applications for an Indian River Lagoon License Plate FY 2005 Grant, in the amount of $47,102.00, and for $200,000.00 from the Treasure Coast Upland Invasive Exotic Working Group, using FIND ($20,880.00) and District ($47,440.00) funding sources as additional project match. St. Lucie County Mosquito Control Impoundments South Hutchinson Island ATLANTIC OCEAN BLIND.CREEK PARK OJ :c Walton Rd e Community Development t . , . Geographic Information Systems . Map prepared September 29, 1999 N n-w. map haa been compUed tot general pl'anninq and re/&f1tf1C8 porpo¡.a. on.y. WhIle f/IIfM'f elf Oft h.u been made 10 provfde the mocl cumJ11t and aco.nra JniormatIon po$tIbIe, It Is no( lnIended II:K UM ILl a legdy binding doo.menl.. Scala: 1" = 8000' / BOARD OF COUNTY COMMISSIONERS '-' ....., ~ May 24, 2005 South Florida Water Management District A ttn.: Procurement Division, Bernadette Harrison, Contract Administrator B-1 Building, 2nd Floor West 3301 Gun Club Road West Palm Beach, Florida 33406 RE: Indian River Lagoon Lice,!se Plate Funding Application - FY 2005 MOSQUITO CONTROL DISTRICT JAMES R. DAVID DIREGOR Dear Ms. Harrison, The Saint Lucie County Mosquito Control District hereby makes formal application for funding from the Indian River Lagoon License Plate FY2005 Program, The project to be funded,' titled, "Barrier Island Natural Community Exotic Plant Removal, Restoration/Replanting, Water Quality Improvement and Public Access in Saint Lucie County, Florida", is intended to improve the habitats of Blind Creek Park and Ocean Bay Preserve, by removing exotic plants, replanting over-story and ground-cover native plants in the removal areas, protecting impoundment water quality through the purchase of pumps, and providing for public access to the Indian River Lagoon., through installation of a fishing/observation pier. The project is needed to aid in recovery of the Blind Creek site's native vegetation and in support of the water quality maintenance and public access for the Ocean Bay site. The target audience is residents and visitors to Saint Lucie County (the area served). Implementation includes physical removal and burning of exotics and hand planting of natives, machine shop construction of pumps and ops contracting for construction of the fishing pier. Evaluation will included site survey after work completion and one-year follow- up for exotic removal and native plantings portion of project, and operation of pumps and inspection of fishing pier prior to acceptance. James R. David, Saint Lucie County Mosquito Control Director, is the Project Manager and point of contact for the project. This application was prepared without collusion with any other person or entity submitting an application pursuant to the IRL License Plate Funding Program. Thank you for this opportunity to apply. '~Yfl ~ a James R. Davia Mosquito Control Director jdavid@co.st-Iucie,fl.us JOSEPH E. SMITH, Disrricr NO.1' DOUG COWARD, Disrricr NO.2' PAULA A, LEWIS, Disrricr No. J . mANNIE HUTCHINSON, Disrricr NO.4' CHP-IS CRAFT, Disrricr No,S Counry Adminisrroror ' Douglas M. Anderson . 2300 Virginia Avenue · Ft. Pierce, FL 34982 . (772) 462-1692 · FAX (772) 462-1565 . TDD (772) 462-1428 J 150 Will Fee f\ood · Ft. Pierce, FL 34982 web site: www.co.st-Iucie.fl.us "2005 - 2006" S~rH FLORIDA WATER MANAGE~T DISTRICT FUNDING APPLICATION FORM R-Cs:l1O.Ä ~ YES24 .~".j:...r-,,7."'_~ Application No: IRL - 04 C - (District to provide) The undersigned Applicant, has read all of the terms and conditions of the Indian River Lagoon License Plate Funding Program Guidelines and Application, and ceJ1ifies that all of the information contained within this Application and subsequent Attachments and Exhibits is true and correct to the best'of its knowledge. Applicant's Legal Name (Organization Name): Saint Lucie County Mosquito Control District Contact Person: James R. David Applicant's Address: 3150 Will Fee Rd. Fe. Pierce, Florida 34981 Telephone Number: (772 ) 462-1692 Fax Number: (772 ) 462-1565 Type ofOrganizarion: Date of Incorporation: X Governmental State of Incorporation: o Not - for - profit FederallD No.: 59-6000835 Project Location (county): St. Lucie Cty. $ 47.102.00 MaJ1in Cty. $ Palm Beach Cty. $ · (one application per county. ¡fwork is done in more than one county) Project Title: Barrier Island Natural Community Exotic Plant Removal, Restoration/Replanting, Water Quality Improvement and Public Access in Saint Lucie County, Florida Brief Project Description: 2005 License Plate funds are to be Llsed for Native Plantings in Exotic Removal Areas of Blind Creek Park and for a public access/fishing pier structure at Ocean Bay Preserve. in association with Invasive Plant Task Force tùnds (to be used for the exotic removal at Blind Creek), FIND funds (for a fishing pier/observation pier at Ocean Bay) and Mosquito Control District funds (for 2 electric pumps and the fishing/observation pier). S ¡gnat Lire: Title: ~~0~ .~~ · . '-' """" EXHIBIT "C" ST A TEMENT OF WORK 1.0 INTRODUCTION Saint Lucie County jointly-purchased Blind Creek Park (SLC, SLCMCD, USFWS, CARL, SOR were contributing partners) and the Ocean Bay preserve (5LC, 5LCMCD and FCT were contributing partners) in the mid- 1990's, for the purposes of preservation, conservation, protection of the Indian River Lagoon and Public Access. Restoration activities have been ongoing at both sites, since that time, which included; pumps, pump stations, aerators, culverts and exotic removal activities. Public access has been ameliorated through the installation of parking areas, dune crossovers, observation platforms and fishing piers. 2.0 BENEFITS TO THE IRL These activities have helped to foster and protect increased biodiversity in the Lagoon and its associated native wetlands and uplands. Public access to the Lagoon has also been fostered, to increase accessibility and to allow the public the cultural benefits resulting from that access. 3.0 LOCATION OF PROJECT The project areas are located on the barrier island in Saint Lucie County, approximately 1 mile north and 1/2 mile south of the Hutchinson Island Nuclear Power Plant (maps provided), along State Road AlA, and directly contiguous with, and adjacent to, the Indian River Lagoon. 4.0 5COPE OF WORK The work objectives are: to remove exotics and fallen vegetative debris resulting from Hurricanes Frances and Jeanne (at Blind Creek Park) from approx. 60 acres; to replant the exotic/vegetative debris removal areas with native over-story and ground-cover plants (at Blind Creek Park); to purchase and install two new pumps for water quality maintenance serving 110 acres of wetlands (at Ocean Bay Preserve); to install a 200 LF fishing/observation pier for public access (at Ocean Bay Preserve). 5.0 WORK BREAKDOWN STRUCTURE The exotics and fallen vegetative debris will be collected by loaders and excavators, stacked and burned. The woody and ground-cover coastal strand species of natives will be planted surrounding the burn areas, to slow down the process of exotic recovery to the burn areas, The pumps will be purchased and installed in impoundment 9 (Ocean Bay), to provide water control and circulation during the summer management period. The' fishing pier has been designed and permitted with both state and federal agencies, and will be 200 feet in length with a terminal platform. It will be installed in the southern end of Impoundment 9, adjacent to the Ocean Bay trail system, and will have educational signage and a refuse container. · , ~ -....I pier has been designed and permitted with both state and federal agencies, and will be 200 feet in length with a terminal platform. It will be installed in the southern end of Impoundment 9, adjacent to the Ocean Bay trail system, and will have educational signage and a refuse container. 6.0 COST BREAKDOWN AND TASK DELIVERABLE SCHEDULE The exotic and vegetative debris removal is to be funded by the Invasive Plant Working Group at a total cost of $200,000.00 (deliverable start date Sep 30, 2005 finish date Sep 30 2006). The native re-planting effort is to be funded by the IRL License Plate FY2005 Program at a total cost of $37,682.00 (deliverable start date Sep 30, 2005 finish date Sep 30 2006). The two 6,000 GPM electric pumps are to be funded by the Saint Lucie County Mosquito Control District at a total cost of $35,980.00 (deliverable start date Sep 30, 2005 finish date Sep 30 2006). The fishing pier is to be jointly-funded by the Florida Inland Navigation District ($20,880.00), the Indian River Lagoon License Plate FY2b05 Program ($9,420.00), and the Saint Lucie County Mosquito Control District ($11,460.00) (deliverable start date Sep 30, 2005 finish date Sep 30 2006). The project will be complete within 1 year of execution of the funding agreement. · . '-' "wi FUNDING PROPOSAL The total project cost is $315,422.00, of which the IRL License Plate FY2005 program is funding $47,102.00, or, 15 percent of the total cost of the project. The District share of the project budget has been submitted for Board approval. The Invasive Plant Task Force Funding Agreement is in- process of being prepared. The FIND grant application has been submitted. '- ~s t~.· "j r\~::I,::¡J Ie: ._~ 1m í___.(? :0 i --..¡ , '~'J- j ¡ïì ¡ (.::.~ ;:' : ::::: ¡ ~"'L.; r'V ¡ :Ti i '. ; . r c:> \ r-, t ~:::: ¡. ~ '\ '--' : eo:;.~ i-41 ¡ ;1'.J L io :~- c o w " Õ <C o Q) X ¡;; a m " :> ;a .., ~ m z .., ::C(J) B-1 C:' mr cnc rri(') c- ",m Þ(') ~o -ic ~z --I ~-< ::Cro ~O m:> 3:;::0 ~o ~O ::c-n e(') mo ~c cnz "'11-1 0-< ::c "'11(') CñO "':s: ~:s: -<- m(J) Þ(J) ::c- NO °z ~m N;::O g(J) 0') , ' - ~ m ~~1'~ 2 ;:! ID ~ ~ (') - Ë -' C1> .., C1> C1> .., o '~II 0. ;:! C1> ID C/! I» r ~"11'f ID ;:! I» ;:! 0. ;:! I» CIJ 0. ;:! C I» 0. < (') (') D C1> C 0 '< iii' ;:! C/! iii' ';:;;;; .., 0- 0 '¡; ~T",. '"' C1> ;:! ~ ;:! (') 0 . õ' ID C/! ., ? 0- ¡¡;- '. c /': }' ' ;:! 0. I» (') ID ..., C1> .,<A U.,,' C1> -. C CD 0 -~,} '" ". 0. 0. (') , ;:! C ID Õ C/! .' ..., ..., C1> C1> C1> 0. C/! C/! 0 Õ ü ;:! ê: 0 0. ;:! ,",,', 0. c 0 C1> ,): ;:! Õ 9: ü ü cg'·.Z ..., C1> 0 ..., -i (Ð' 3 ;:! 0 (') - (') u; C1> -i ..., ~I~ :Þ C1> 5' D !":' < c 0. 0 <' ió 0 :OJ:e¿ 3 ;:! 5" I» :C' ID C1> it ;0'10 C7) :!: ~ 0. ~ C/! iü 0 '0 '!'T1 c.n -. 0 0 7 0 iü 0 ;:! 0 0 0 0 ;:! ..., 0. 0. 0 en C1> 0 ;:¡. III ..., ;:! :i)K C1> 5 Q. ~ (þ 0 r'\\o Q. '>~' õ' 0 ~ ~ Q. ;:! ':;'$0 ? 0 ~ 0 '0 ;",~ 0 0 0 !j,:25f~ ..., 0 0 0 c t: 3 ~ L'~".:~~'~:2~ (þ õ' :~ ;:! S' ;:! '=C -( 0 r'o - :Þ ,:;-I, õ' ;:! ~ ..... ;:! 0 0 '0 ;z:;o 0 0 ':CD 5' 0 0 0 4 0 CI> < III 0 ;:! ..-ri S. OJ :'1:..-( ;:! I» reo ID '< ~ ..... ::Þ~~; :!: 'T1 0 '0 z<:o' I» ¡¡;' 0 0 :'(,0 CD ::r 0 0 0 ..., 5' 0 ID -n 0 ~ "'0 -c -( I CD' r 0 0 :'" ~ ..... :Þ co '0 Z , .- 0 ..... I 0 0 0 0 0 0 ...., ~: ~ ..... :Z~ 0 '0 0 0 ¡,.:"'7. 0 0 0 » - c. 2- < ¡'~ [\) C7) 0 ~- C7) ro c.n 3 ñ.= 0 I.. 0 0 L;' I"·,',,,. . ../' ~i,~; .'". ~,III .~-:: - ,- .. " .. .. = .. .. .. ~i:', ; "~ :Þ :. ~' 5- ; ..., (þ 3 '3 I» c:; ::r -tJ ~ ;; 3 ~ _ C7) ~ I~:~-~I~i IX:J':T1 .C:~ 0) :O~ C7) 0) ',G').",,-, C7) '()1 :m = c.n ':tI' :>~ z;:,;o o ':~ ":C-( r= ,:þ,-..¡ z::'b '.. ~.co. 0 .,.~ -','-< -'''0 0) Er~ .O):Þ'~ ~ !i....->. o 0 '~ » G1 -0 0 0 '''~.<; JJmmfii:i~~ê~-oÇm .,.' ~ Z ~ [f) m JJ -0 r CIJ ~ Z r ...,.. z~::¡~7J~~o;j;i1::s: ~, lJ~;i1-o C(DÔC~2:'~ Z §5 z 8i ~ ¡g;: ~ ë5 ~ 7J ~' ~o $: ~o O~-i~ ø ç~ ~ ~~ Z~~~ ~ oG1 G1 $: <»~ ,m ~ 8i 8i § ~ -< ~'ii: ~ : (J) ~. ~::iJ~ <"":T1 '=C-< 'r-'o :þ':CO ;Ziò ,,¡(O " "T; ""'C-< r- ...... ;z:Þ :C?, ....... ~ 9 o ..... w ..... w w ()1 ,t11 P '0 t11 0 0 0 0 0 0 0 0 0 0 0 0 0 ..... w ..... w W t11 t11 0 '0 t11 '0 '0 '0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o -n -( o co '. ...... '0 o o 0'> ~ W -..Ir. 0) ,WW t11 t110 t11 0 t11 0 '00 o 00 0 00 0000000000000 -- o 0) ~ w ~ ~ -~t: ~ .~-~ o 00 0 00 0000000000000 " .. >;>. -,;¡:o '.7J,~ o~c ;0;» ;~,~~ ..;.[':. :':::<'~'>:r " :0' -n,,:þ ~ };;.., 3:"~ " "0 -<-< ;'~ '\:,":!'I z-=< '0 :m _u( ,;:E,:b ., 'C7) ;~r>}::~~ 'OJ ,..y¡ :C--< '0,0 G') "c.n o ~I~'~¡I,·· ~ ~~t~11 I'll '::t,-( Or~ ;g~$ o ¡;', t.... I'll (") ...... -.. . ~ 0""'C-( Or-= en:Þ:;,! -t z"o en ,;~ , ":!'I ""'C-< r,o ':Þ-CD zb ;~ ~ :'1:-< çg z·~ _0 ",:':!Ì' -.0-< :r·...... ~:~ ...... ., ,.<0' '"TI ..:..¡-< :Oª -i' " »,":!'I r'-( ',.-:¡,,: <'-.~.~ ....;.¡,,' ,.', ~ ~ 'v -< ,).:)',m ~';~ ~f~ ""1'~ '0/'0' :""¡.;Cw 1j>;'m F~ <::"'0 1117J ~2 "tJm ::00 O-i '--r 1110 (")0 -I :Þ (1)-; °0 ~:c:: ::; ";¡',,,' -ic/) :r::r: ClJO "'O::U 7JC OZ Lm ~s: -;"'0 DO CC :Þ Z CO 'T1S: m mz CIJ-i cC/) Z:Þ or mO 7JZ :Þ~ 7Jz Ü!S! _:þ ZZ "'07J ;< cg Or- "'O:Þ rc;) :ÞO 00 ~Z OZ 7J0 or z§ ~Z (")C'\ mO o -<m m:Þ ICIJ ~ Z o I X I " 'T1 -< m CIJ 'T1 ¡= r :Þ ~ o C Z -i OJ m r o :E "¡O; . . ...!. "'0 "'O-i 0 "'0 7J7J-<m7J 00"'0"'00 LLm:þL mm07Jm ~~~~~ L07Jmz cmOz:Þ ClJCIJL-;S: -iom'm 'T1 7J 0 0 .' 0-o-iS :=¡-; CIJ o 0 ~: :c:: rrz~:;; oomo:;:; OO:EClJO ~~(")Dc 'T1~O~Z c:þZ-io z-;ClJOs: oo-iOm CIJ:r:~OZ :ÞOOZ-i 7J'T1-;-; m(;)oË5~ E ~ Iz r ~ C-i m ;Ü .CIJ s: ~ ~IX ª "'0 m 7J:< 007J $mm o CIJ Z mG')O :Þ Z < 0:> :=¡ <Z-"'O ~o~::u (")"'0 2-c mm m::U "'07J 00 mS: -i¡;; 7J-i ~O s::j (;)-i ~~ 7J:,!, z'T1~6(") (;)0~:Þ=ti :þ7Jz<g z (") -i - oomog rZ~ ~ OCIJz o-io :þ7Jm r ~ ~-; :=¡õ OZ :r: 0 ,,'T1 0"'0 7JC (;)OJ 7JC :Þ (") z :> -i (") "'0 (") 7Jm o CIJ L CIJ m7J om -i (") ClJO :Þ~ 7J"'O~ m"'O m <7Jz ëñOo m<m ogjo -<-<-< mmm nT (") o s: ~ CIJ CIJ Õ Zo 0:Þ -i ~ m 7J "'0 ë')~ -i"'O :Þ 7J m (") 0 7J :Þ 'T1 -; zzz 1° IT (J) -i r C (') m (') o c Z -i -< OJ o (') (') (') :Þ "'U :::¡ :Þ ï :s: "'U ;:c o < m :s: m z -I "'U ;:c o GJ ;:c :Þ :s: "'U ;:c o c... m (') -I CJ) c: :s: :s: :Þ ;:c -< o N N w o c.n , ' ~. ..."" INDIAN RIVER LAGOON UCENSE PLATE FUNDING PROGRAM PROJECT CRITERIA CHECKLIST This form must be completely filled out with appropriate statements in the space provided (no references to text), including all requested documents. Failure to properly complete this checklist will cause the District to deem the application ineligible. Please do not exceed the space provided for answers to each question. Project Information L Provide a brief description of the proJect: Exotic removal and native plantinqs at B!ind Creek Park: Hydroloqical circulation and public access via fishinq pier, to the Indian River Laqoon, at Ocean Bay Preserve. 2. Indicate the type of project (check all that apply): X Habitat Restoration (approximate # of acres 60 ) or X Water Quality Improvement X Education (must be combined with turn dirt project) X Project is within IRL boundaries (No. St. Lucie line to Jupiter Inlet) within an associated tributary in IRL watershed (St. Lucie River,etc.) within the Loxahatchee River X St. Lucie , Martin , Palm Beach County (choose one) 3. Applicant Information: X Government Not-for-Profit 4. Regulatory Approvals Needed: Yes X No_ Agency FDEP and USACE Type of Approvals Joint-Approval Environmental Resource Permit (Issued) 5. Provide the following: Requested funding Total Project Cost Other Funding Sources $47,102.00 $315,422,00 Saint Lucie County Mosquito Control District, Invasive Plant Task Force, FIND ,~~, J ~~~ · J. .. ~ 'wII SAMPLE INDIAN RIVER LAGOON LICENSE PLATE FUNDING AGREEMENT BETWEEN THE DISTRICT AND THE APPLICANT " Attach Sample Agreement; highliQht any deviations " For use if project is approved by Governing Board l»ª.21 20 . '. . 'i¿~,M1\: ' ·~~";i"....tÇ';. .~~," . '.~ ,.:-I~~ ,<' ~~~:> .",,¡~,i;· -5' \ '-' ....., "2005-2006" SOUTH FLORIDA WATER MANAGEMENT DISTRICT INDIAN RIVER LAGOON LICENSE PLATE FUNDING AGREEMENT SAMPLE BiJ.. > ORIOA'" ¡ 4· . . . '",.~~". Recipient: Agreemeut NIIJJIber. Recipient's Project Manager. GovenúDg Board Approval Daie: Address: Distric:t Fimdiag Amount: $ Telephone No: Fax No: EmaiI Address: SFWMD Contnc:t Màuger: AckInss: Telephone No: Fax No: Em:úl Address: Insurance: Applicable / Not Applicable Federal Employer Identificatioa Number: Project YIÜe: Description: I~a~¡ 21 "---'-_.__0. .----"--.-. '. . '-' "wtI This Agreement is entered into between "the Parties", the South Florida Water Management District. (the "District"), and the undersigned Applicant, herciTJafter referred to as the "Recipient-. The Recipient wmants and represents that it has no obligation or indebtedness that would impair its ability to fulfiJl the tenns and conditions of this Agreement, and shall abide by all legal, financial, and reporting requirements, such as matching funds and final reports for all funding received by the Recipient trom the District. ARTICLE 1 - PRWECf 1.1 The Recipient shall, to the satisfaction of the District, fully and timely construct and perform all work items described in the "Statement of Work, " attached here to as Exhibit "C", and made a part of this Agreement. 1.2 As part of the services to be provided by the RedpieDt under this Agreement, the Recipient shall substantiate, in whatever forum reasonably requested by the District. any supporting documentation utilized as a basis for payment by the District. This pangraph shall survive the expiration or termination of this Agreement. ARTICLE 2 - TERM OF THE AGREEMENT 2. 1 The period of performance of this Agreemellt shall commence on the last date of execution of this Agnement and shall continue for a period of one (1) year. 2.2 The Parties agree that time is of the essence in the performance of each and every obligation under this AgreemeDt. ARTICLE 3 - COMPENSATION/CONSIDERATION 3.1 As consideration for providing the goods and services required by this Agreement, the District shan pay the Recipient the fimding amount as specified above. Such amount is a fixed amount and therefore, no additional consideration shall be a\tthorized. 3.2 The Recipient asswnes sole responsibility for all work, which is perfonned pursuant to Exhibit "C," By providing fimding hereunder, the District docs not make any warranty, guaranty, or any representation whatsoever regarding any of the work. performed hereunder, including but not Jimitcd to the adequacy or sufficiency of all or any part of work de3cribed in Exhibit wC", 33 The Redplellt hereby agrees that it shall use other 3OUI'CCS of fimding for all work associated with the de8ign and permitting aspects of the Project. District funds shall only be used for capital or inftastructure costs for the construction activities descnòed in Exhibit "C", ARTICLE 4 - FUNDING PAYMENTS AND REPORTING 4.1 The District shall make payment to the Reclpleut upon ~Ietíon and acceptance of the Project. The ReclpieDt shall provide certification that all constnlction has been completed in accordance with Exhibit "C" of this Agreemeøt. 4.2 The Redpieat's invoice shall reference the District's Application Number and shall be sent to the Project Manager at the foJlowing address: South Florida Water Management District (Project Manager~s name as stated on the first page of the Agreement) (Address as stated on the first page of the Agreement) The Recipient shall not submit an invoice to any other address at the Distric:t. 4.3 The DIstrict shall have the right to inspect all work and review final reports before authorization of payment is made to the Recipient. 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 set forth in the Agreement for invoice submission. The time at which payment shall be due trom the District shall be forty-five (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, F.S. and upon satisfaction of the District conditions as detailed in the Agreement. Failure of the Recipient to foHow the instructions set forth in the Agreement regarding a proper invoice and acceptable services and/or deJiverabJes may result in an unavoidable delay in payment by the District. An payments due from the District for a proper invoice and acceptabJe 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 Recipient shall invoice the District for payment of any accrued unpaid interest. Ei1 22 --..-----" .. ~ '-' ....., Any disputes regarding invoice payments which cannot be resolved by the appropriate depmtment 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 wlùch the proper -invoice was received by tbe District. ARTICLE 5 - PROJECf MANAGEMENT 5.1 The Parties shall direct all matters arising in connection with the performance of this Agreement, other than invoices and notices, to the attention of the Project Managers for attempted resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this Agreemeøt 5.2 All notices, demands, or ather communications to the Redpleat under this Agreement shall be in writing and shall be deemed received if sent by certified mail, return receipt requested, to the address stated. AI) notices to the DIstrfd under this Agreement shall be in writing and sent by certified mail to: South F10rida Water Management District Attn: Procurement Division B-1 Building 3301 Gun Club Road West Palm Beach, F10rida 33406 5.3 The Redpialt shall also provide a copy of an notices to the District's Project Manager. All notices required by this AgreemeDt shall be considered delivered upon receipt. Should either Party change its address, written notice of such new address shan promptly be sent to the other Party. SA AI) COnCSpulldr:nce to the DIstrict under this Agreement shall reference the District's Application Number. ARTICLE 6 - TERMlNATIONIREMEDIES 6.1 It is the policy of the District to encourage good business practices by requiring recipients to materially perfonn in accordance with the terms and conditions of the Agreement. In accordance with District Rule 4OE-7, Part n, F.A.C., '1naterial breach" is defined as any substantial, unexcused non-performance by faiJing 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 Recipient 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 Recipient shan have thirty (30) days to cure the breach. If the Recipient faiJs to cure the breach within the thirty (30) day period, the District shall issue a Tcnnination for Default Notice. Once the District has notified the Recipient that it has materially breached its contract with the District, by sending a Tennination for Default Notice, the District's Governing Board shaD determine whether the Recipient should be suspended from doing future worle. 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, F.A.C. in making a detemùnation as to whether a Recipient should be suspended, and if so, for what period of time. Should the District tenninate for default in accordance with this provision, the District shall be entitled to recover reprocurcment costs in addition to all other remedies under law and/or equity. 6.2 The District may terminate this Agreement at any time for convenience upon thirty (30) calendar days prior written notice to the Recipient The performance of work under this Agreement may be terminated by the DNrict in accordance with this clause in whole, or ftom time to time in part, whenever the District shall det.ennine that such tennination is in the best interest of the District. Any such termination shall be effected by delivery to the Recipient of a Notice of Tennination specifying the extent to which perfonnance of work tmder the Agreemeat is temùnated, and the date upon which such termination becomes effective. In the event of temùnation for convenience. the District shall compensate the Recipient for all authorized and accepted work performed through the termination date. 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 Recipient for such work until such time as the District determines the exact amount due to the Recipient. œ 23 ". ',- . '-' 'wi 6.3 In the event a dispute arises which the Project Managers cannot resolve between themselves, the Parties shaJJ have the option to submit to non-binding 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 shaH be confidential to the extent permitted by law. ARTICLE 7 - RECORDS RETENTION 7.lThe Recipient shall maintain records and the District shall have inspection and audit rights as follows: A. Maintenance of Records. The Recipient shall maintain all fmancial and non-financial records and reports directly or indirectly related to the negotiation or perfonnancc of this Agreement, including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five (5) years ftom completing perfonnance 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 (5) years fi'om 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 ftom performance under this Agreement, the Recipient shall extend the period of maintenance for ail records relating to the Agreement until the final disposition of the legal dispute, and all such records shall be made readily available to the District ARTICLE 8 - STANDARDS OF COMPLIANCE 8.1 The Recipient, its employees, SUbcontract0T3 or assigns, shall comply with all applicable federal. state, and local laws and regulations relating to the perfonnance of this Agreement. The District undertakes no duty to ensure such compliance, but will attempt to advise the Recipient, upon request, as to any such laws of which it has present knowledge. 8.2 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 justifiable in federal court. 8.3 The Recipient shall allow public access to all Project documents and materials in accordance with the provistons of Chapter 119, Florida Statutes. Should the Recipient 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 Recipient. 8.4 Pursuant to Section 216.347, Florida Statutes, the Recipient is prohibited fTom the expenditure of any funds under this Agreement to lobby the Legislature, the judicial branch, Or another state agency. 8.5 The Recipient shall obtain. at its sole expense, all necessary licenses, authorizations and permits from the appropriate private party or federal, state; municipal or local agency, and other governmental approvals, prior to commencing perfonnance of this Agreement. A delay in obtaining permits shall not give rise to a claim by the Recipient for additional compensation. If the Recipient is unable to obtain all necessary permits in a timely manner, either party may elect to terminate this Agreement, each party to bear its own costs, notwithstanding other provistons of this Agreement to the contrary. 8.6 The Recipient hereby assures that no person shall be excluded on the grounds of race. color, creed, national origin, handicap, age, or sex, from participation in, denied the benefits of, or is otherwise subjected to discrimination in any activity under this Agreement. The Recipient shall take all measures necessary to effectuate these assurances. ARTICLE 9 - RELATIONSHIP BETWEEN TIIE PARTIES 9.1 The Recipient shaJ1 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 an independent contractor between the parties and their respective employees, agents, subcontractors, or assigns, during or after the perfonnance on this Agreement. Both parties are free to enter into contracts with other parties for similar services. !~~!1 24 '. Jt . .' '-' 'wÌ 9.2 The Recipient shall not assign, delegate, or otherwise transfer its rights and obligations as set forth in this Agreement without the prior written consent of the District. Any attempted assignment in violation of this provision shan be null and void. 9.3 It is the intent and understanding of the Parties that this Agreement is solely for the benefit of the Recipient and the District. No person or entity other than the Recipient or the District shall have any rights or priV1leges under this Agreement in any capacity whatsoever, either as third-party beneficiary or otherwise. ARTICLE 10 - GENERAL PROVISIONS 10.1 Notwithstanding any provisions of this Agreement to the contrary, the Parties shall not be held liable for any faiJure or delay in the performance of this Agreement that arises from fires, floods, strikes. embargoes, acts of the public enemy, U11usually 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 U11avoidable through the exercise of due care and beyond the control of the Parties. Failure to perfonn 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 the Recipient is specifically required during the occurrence of any of the events herein mentioned. 10.2 Any inconsistency in this Agreement shall be resolved by giving precedence in the following order: (a) Tenns and Cooditions outlined in Articles 1-11 (b) Exhibit "C" Statement of Work (c) All other exhibits, attachments, and documenûs specifically incorporated herein by reference 10.3 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 iûs rights or remedies, nor shall it relieve the other Party from perfonning 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 snd shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver U11less the writing states otherwise. 10.4 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 fun force and effect to the extent permitted by law. 10.5 This Agreement states the entire understanding and Agreement between the Parties and supersedes any and all written or oral representations, statements, negotiations or Agreements previously existing between the Parties with respect to the subject matter of this Agreement. The Recipient 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. This Agreement may be amended only with the written approval of the Parties. ARTICLE 11 - INDEMNIFICATION AND INSURANCE 11.1 The fo1Jowing indemnification clause shall only be applicable to Investor-owned Utilities or Private Entities: For value received, which is hereby acknowledged, the Recipient shall defend, indemnify, save and hold the District, its officers, directors, board members, agents, assigns, and employees, hannless from liabilities, damages, losses, and costs including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentionally wrong conduct of the Recipient and other persons employed or utilized by the Recipient in the perfonnance of the Agreement. The District shall have the right to approve cOU11scl selected by the Recipient to defend the District in the event the District is named in any legal action. 11.2 Government entities will be responsible for their own acts of negligence up to tbe amounts in Section 768.28, Florida Statutes. The entity assumes any and all risks of personal injury, bodily injury and property damage attributable to negligent acts or omissions. This is no way means that an agency consents to be sued. It should warrant and represent that it is self-funded for Worker's compensation and liability insurance, covering at ~ minimum bodIly injury, personal injury Iii 25 ", 11.'.. ." ..,. ......., ."-1/f and property damage with protection being applicable to the officers., employees, servants and agents while acting within the scope of their employment during perfonnance under this Agreement It is further agreed that nothing contained herein shall be construed or interpreted as (1) 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; of (3) a waiver of . sovereign immuntty of the State of Florida beyond the wavier provided in Section 768.28, Florida Statues. 11.3 The following shall only apply if the work is being performed on District property: The Recipient shall procure and maintain, through the term of this Agreement, insurance coverage, which will be determined after the evaluation of the Statement of Work as to the amounts and conditions. The coverage required shall extend to all employees and subcontractors of the Recipient. The Certificate of Insurance shall be completed in full, indicating the producer, insured, carrier's name and Best rating, policy numbers, effective and expiration dates of each type of coverage required. The insurance carrier's authorized representative shall sign the Certificate. IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this Agreement on the date written below. SOUTH FLORIDA WATER MANAGEMENT DISTRlCI', BY ITS GOVERNING BOARD By: Director Procurement Division Date: Recipient's Legal Name: By Authorized Official: TItle: Date: SFWMD Office of Counsel Approved By: Date: SFWMD Procurement Approved By: Date: fj¡i~j~¡ 26 -~.__..._-- ~'--'-_.-. -"-. --'.- ~/ '-' AGENDA REOUEST IT~ NO. 3.A Date: May 24, 2005 Regular [ ] Public Hearing [ Consent [X] TO: MOSQUITO CONTROL DISTRICT PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Young Assistant County Attorney SUBJECT: Oceanique Development Company, Inc. - Acceptance of Conservation Easement BACKGROUND: See c.A. No. 05-837 FUNDS A V AIL.(State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff recommends that the Mosquito Control District accept the conservation easement from Oceanique Development Company, Inc., and authorize the Chairman to sign the document. [1i APPROVED [] DENIED [ ] OTHER: Approved 5-0 COMMISSION ACTION: County Attorney: Jy Coo rdinatio n/SÍ!!Da tu res Mgt. & Budget: Purchasing: Originating Dept.: Other: Other: Finance (Check for Copy only, ¡fapplicable): '-' ...., INTER-OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: St. Lucie County Mosquito Control District FROM: Heather Young, Assistant County Attorney C.A. NO: 05-837 DATE: May 17, 2005 SUBJECT: Oceanique Development Company, Inc. - Acceptance of Conservation Easement BACKGROUND: On May 11, 2004, the Board of County Commissioners adopted Resolution No. 04-017 granting major site plan approval for the proposed Oceanique development on North Hutchinson Island. One of the conditions included in the approval was a requirement for the developer to convey a conservation easement to St. Lucie County and the St. Lucie County Mosquito Control District which would permit District access to the property for mosquito control management purposes while assuring that the property remains in a predominantly native vegetation and hydrologic condition. The area subject to the easement contains a total of approximately 17.33 acres. A copy of the proposed easement is attached to this memorandum. RECOMMENDA TION/CONCLUSION: Staff recommends that the St. Lucie County Mosquito Control District accept the conservation easement from Oceanique Development Company, Inc., and authorize the Chairman to sign the document. Respectfully submitted, ~Ò~ Heather Young Assistant County Attorney Attachment HYI Copies to: County Administrator Assistant County Administrator Outlaw Mosquito Control Director Planning Manager '-" ......, CONSERV ATION EASEMENT THIS CONSERVATION EASEMENT ("Easement") is made this 5Jn day of (J1Cl"!;j ,2005, by and between OCEANIQUE DEVELOPMENT COMPANY, INC., a, Florida rporation, whose mailing address is 925 North Courtney Parkway, Merritt Island, FL 32953 (the "Grantor"), and ST. LUCIE COUNTY. FLORIDA, a political subdivision of the State of Florida. and ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT. a dependant taxing district of the State of Florida, with their þrincipal offices at 2300 Virginia Avenue, Fort Pierce, Florida, (the "Grantees"). WIT N E SSE T H: WHEREAS. Grantor is the owner in fee simple of certain real property in St. Lucie County, Florida, more particularly described in Exhibit" A", attached hereto and incorporated herein by reference (the "Property"); and WHEREAS. pursuant to Resolution 04-017 approved by the St. Lucie County Board of County Commissioners (County Commission) on May 11, 2004, the Property received Major Site Plan approval for development which approval is conditioned upon the grant of a conservation easement, over the Property described in Conservation Easement "A" which contains approximately 7.61 acres and Conservation Easement"B" which contains approximately 9.72 acres that is in a predominately native vegetative and hydrologic condition (the "Easement Area") as identified in Composite Exhibit "B" attached hereto and incorporated herein; and WHEREAS, the Grantor has also identified property for an Ingress/Egress Easement which contains 0.07 acres to provide access to the Easement Area for the Grantees; and WHEREAS. subject to the terms and conditions hereof, Grantor intends by this instrument to convey to Grantee the right to preserve and maintain the Easement Area, reserving unto Grantor all other rights not inconsistent with this grant. NOW. THEREFORE. subject to, and in consideration of, the above and the mutual covenants, terms, conditions and restrictions contained herein, and pursuant to and in accordance with the provisions of Section 704.06, Grantor hereby grants and conveys to Grantees an easement giving the Grantees the right to preserve and protect the Easement Area during the term hereof (the "Easement"). 1. PURPOSE. It is the purpose of this Easement to assure that the Easement Area will remain a predominately native vegetative, hydrologic, scenic, open or wooded condition ("Permitted Condition"). g: \atty\agreemnt \oceanique.con.easemt .wpd Page 1 of 9 \wi ~ 2. RIGHTS OF Grantees. To accomplish the purpose of this Easement, the following rights are conveyed to Grantees: (a) The right of Grantees to preserve and protect the Easement Area; and (b) The right to enter upon the Property, with any necessary equipment and vehicles, at reasonable times in order to monitor compliance with and otherwise enforce the terms of this Easement; provided that, except in cases where immediate entry is required to prevent, terminate or mitigate a violation of this Easement, such entry shall be upon prior reasonable notice to Grantor, and Grantees shall not in any case unreasonably interfere with Grantor's use and quiet enjoyment of the Property; and (c) The right to enjoin any activity on or use of the Property that is inconsistent with this Easement and to enforce the restoration of such areas or features of the Easement Area that may be damaged by any inconsistent activity or use. (d) The right to enter upon the upon the Property, with any necessary equipment and vehicles, at reasonable times in order to conduct mosquito and sandfly control measures. 3. PROHIBITED USES. Except to the extent reserved to Grantor herein, or presently existing, the following activities are prohibited in or on the Easement Area: (a) Construction or placing of buildings, roads, sign, billboards or other advertising, utilities, or other structures on or above the ground. (b) Dumping or placing of soil or other substance or material as landfill or dumping or placing of trash, waste, or unsightly or offensive materials; (c) Removal or intentional destruction of trees, shrubs, or other natural vegetation (except for the removal of exotic or nuisance plants or vegetation) provided that this prohibition shall not be construed as restricting Grantor from devising a management plan or procedure acceptable to Grantees for the destruction or removal of trees or other vegetation to control or prevent hazard, disease, or fire. (d) Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in such manner as to affect the surface. (e) Surface use except for purposes that permit the land or water area to remain predominately in its natural condition. g: \atty\agreemnt \oceanique.con.easemt ,wpd Page 2 of 9 ~ ....., (f) Activities detrimental to flood control, water management, conservation, water storage, erosion control, soil conservation, fish and wildlife habitat preservation, and allied purposes, or any use or activity that causes, or is likely to cause significant soil degradation or erosion or significant depletion or pollution of any surface or subsurface waters. (g) Acts or uses detrimental to such retention of land or water areas. 4. RESERVED RIGHTS. Subject to receiving all permits, Grantor reserves to itself in perpetuity, its personal representatives, heirs, successors and assigns in perpetuity, all rights accruing from its underlying fee simply title and ownership of the Property, including the right to engage in, or permit or invite others to engage in, all uses of the Property that are not expressly prohibited herein and are not inconsistent with the purpose of this Easement. Without limiting the generality of the foregoing, and subject to the terms of paragraph 3, the following rights are expressly reserved: (a) To erect and maintain fences and boundary markers for the purpose of controlling unauthorized use or access, or to comply with applicable laws, rules and regulations code requirements, and establishing boundaries; providedthat such fences and markers shall not materially interfere with the purposes of this Easement. (b) To sell, rent and mortgage the Property subject to this Easement. (c) To maintain the functioning of the surface water management system that flows through the Easement Area. ~ (d)· To construct/install the following improvements within the Easement Area: (1) pedestrian walkways, jogging paths or bike paths; (2) piCniC areas; (3) lighting fixtures appurtenant to the improvements constructed pursuant to subparagraph (a) and (b) above; (4) . underground utilities appurtenant to the uses allowed in subparagraphs (a) through (c) above, provided that any such utilities shall be microsited with the assistance of County Staff to minimize impacts on trees. provided, however, that the Grantor, in exercising its rights set out in (1) through (4) above, shall not cut any trees over three inches (3") dbh; and further provided that the Grantor subsequent to any construction or installation shall restore the Easement Area to its preexisting condition to the maximum extent possible. g: \atty\agreemnt \oceanique.con.easemt .wpd Page 3 of 9 '-" """" Grantor further reserves the right to use the Easement Area for natural drainage purposes. 5. AMENDMENT OF EASEMENT AREA. Subject to the approval of the Board of County Commissioners, in its discretion, the Grantor may substitute or modify the Easement Ar~a described in Composite Exhibits "B" so long as the Easement Area is not less than 17.33 acres. In the event the Board approves any such substitution or modification of the Easement Area that results in the inclusion of property in the Easement Area which has previously been developed, the Grantor, as a condition of such substitution, shall restore the substitution area to a Permitted Condition. Prior to Board approval of any such substitution or modification of the Easement Area, the Grantor shall deliver to the County a revised general conservation easement in recordable form satisfactory to the County Attorney. 6. NOTICE AND APPROVAL. Whenever' Grantees' approval is required for any action to be undertaken by Grantor in this Easement, Grantor shall notify Grantees in writing of its request. The notice shall describe the nature, scope, design, location, timetable, and any other material aspect of the proposed activity in sufficient detail to permit Grantees to make an informed judgment as to its consistency with the purpose of this Easement. Where Grantees' approval is required, Grantees shall approve or deny its approval in writing within sixty (60) days of receipt. Denial must be based upon a reasonable determination by Grantees that the action as proposed would be inconsistent with the purpose of this Easement. Failure by the Grantees to take action within the sixty (60) day period shall be deemed as approval by the Grantees. In the event Grantees' approval is denied, and Grantor in its discretion deems Grantees' actions to be unreasonable, Grantor reserves the right to submit the issue or controversy to a court of competent jurisdiction whose decision shall be binding on the parties. 7. ACTS BEYOND GRANTOR'S CONTROL. Nothing contained in this Easement shall be construed to entitle Grantees to bring any action against Grantor for any injury to or change in the Easement Area resulting from causes beyond Grantor's control. including, without limitation, fire, flood, storm and earth movement, or from any prudent action taken by Grantor under emergency conditions to prevent, abate or mitigate significant injury to the Easement Area resulting from such causes. 8. PUBLIC ACCESS. No right of accesS by the general public to any portion of the Property is conveyed by this Easement. 9. EXISTING EASEMENTS. The Easement conveyed herein is subject to existing easements affecting the Property prior to site plan approval for public roads and highways, public utilities, railroads and pipelines. g: \atty\agreemnt \oceanique,con.easemt .wpd Page 4 of 9 '-'" ....., 10. GRANTEES' NON-LIABILITY. Neither the ownership or attempted enforcement of Grantees' rights held under this Easement shall subject Grantees to any liability for any damage or injury that may be suffered by any person on the Property or as a result of the condition of the Easement Area, including liability for the disposal of solid wastes or pollutants. 11. FORBEARANCE. Enforcement of the terms and restrictions of this Easement shall be at the reasonable discretion of Grantees and any forbearance on behalf of Grantees to exercise its rights hereunder in the event of any breach hereof by Grantor shall not be deemed or construed to be a waiver of Grantees' rights hereunder. 12. SEVERABILITY. If any provision of the Easement or the application hereof to any person or circumstances is found to be invalid, the remainder of the provisions shall not be affected thereby as along as the purpose of this Easement is preserved. 13. NOTICES. All notices, consents, approvals or other communications hereunder shall be deemed properly delivered only (1) on the date delivered, if by personal delivery; (ii) if mailed by certified mail/return receipt requested, then the date the return receipt is signed or delivery is refused or the mail is designated by the postal authorities as not deliverable, as the case may be; or (iii) one (1) day after mailing by any form of overnight mail service. 14. TAXES AND ASSESSMENTS. For so long as Grantor shall retain fee simple title to the Easement Area, Grantor shall keep current on the payment of taxes and assessments on the Easement Areas and not allow a lien on the Property superior to this Easement. In the event Grantor fails to extinguish or subordinate any such lien, Grantees may elect to payoff the lien on behalf of Grantor and Grantor shall reimburse Grantees for the amount of the payoff, together with reasonable attorney's fees and costs, and with the interest at maximum allowable rates, not later than thirty (30) days after delivery of notice of such payment. The debt owed to Grantees constitutes a lien against the Easement Area which automatically relates back to the date of the recording of this Easement, and Grantees may foreclose on the Easement Area in the manner of mortgages on real property in the event Grantor does not so reimburse Grantees. 15. SUBSEQUENT TRANSFERS. The terms and conditions of this Easement shall be inserted by Grantor in any subsequent deed or other legal instrument by which Grantor divests itself of any interest in the Property. Grantor shall notify any future holder of Grantees' interest in the Easement area. 16. COMPLIANCE MONITORING. Grantor shall assists Grantees in the monitoring and enforcement of the terms and conditions of this Easement. Grantees shall provide Grantor in writing its assigned monitoring employees or agents. It is the intent of Grantor and Grantees g: \atty\agreemnt \oceanique.con.easemt .wpd Page 5 of 9 '-' 'wi that all monitoring employees and agents shall be properly identified In order to prevent unauthorized entry on or access to the Property. 17. AMENDMENT. If circumstances arise under which an amendment to or modification of this Easement would be appropriate, Grantor and Grantees are free to jointly amend this Easement; provided that no amendment shall be allowed that will affect the qualifications of this Easement or the status of Grantees under any applicable laws, including Section 170(h) of the Internal Revenue Code of 1954, as amended and any amendment shall be consistent with the purpose of this Easement, and shall not affects its perpetual duration. Any such amendment shall be recorded in the official records of St. Lucie County, Florida. 18. TERMINATION. This Easement snail be terminated and Grantor shall be authorized to record such termination in the public records of St. Lucie County in the following ci rcumstances: (a) Upon mutual agreement of the Grantor and Grantees; or (b) Upon expiration of the site plan approved in Resolution No. 04-017, if Grantees do not obtain building permits or revocation of the site plan pursuant to the Grantees' Land Development Code; or, (c) Upon County Commission approval of a new site plan for the total redevelopment of the property that is not in substantial conformance with the above referenced Site Plan. The existence of this Easement shall not be a reason for County Commission denial of a new site plan submitted pursuant to this subparagraph (c); or, (d) If nat,ural causes beyond. the control of the Grantor, such as windstorm, flood or fire so alter the Easement Area that Grantor and Grantees mutually agree that the Easement Area is unable to recover to their pre-disturbance condition. 19. BINDING EFFECT. All terms and restrictions herein contained run with the land and shall inure to the benefit of and be binding upon the parties hereto and their respective executors, administrators, personal representatives, heirs, successors, and assigns. TO HAVE AND TO HOLD the same together with all and singular appurtenances thereunto belonging or in anywise incident or appertaining to the proper use, benefit and behalf of the Grantees, their successors or assigns forever. AND THE GRANTOR hereby covenants with the said Grantees that they are lawfully seized of the Property in fee simple; that it has good right and lawful authority to convey this g: \atty\agreemnt \oceanique.con.easemt .wpd Page 6 of 9 \wi "wi! ~e;roJo;;( ~ hr8ìaA L. ~s OCEANIQUE DEV~OPMENT ~ By' *-~O ~ . Name~~f"'1t-CÆ- I~:s'; Title: \~~OO-0'Í WITNESS ST ATE OF FLORIDA ) COUNTY OF 6reu.pqzp) The foregoing instrum.ent was acknawledged before me thih,-fn day of J)ìa,¡j; , 2005, by (YìC.:tu..lì·c..t.... V ~ i , ~ho is perc;onally known to me or ° has produced as identification. NOTARY PUBLIC Sign: L/310/tVO )if ~~ Print: My Commission Expires: (SEAL) .:~ \\\\11111111 Br""·'" , :,¡ ,'Vr;!..!:~;,:" ",d,DA L ADAMS 4 ...... o/~_ç:(/.~ N 'I f."I..~ "^~,)¿(~\ otary Public: State of Florida .t' ~ í:' i@V~) :: My Comm. Expires Jun 22 2005 --;:~;%$ Commission # 00305157 ," OFFe" B d d B I"""", on e y National Notary Assn. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney g: \atty\agreemnt \oceanique..con.easemt .wpd Page 7 of 9 ATTEST: '-' Deputy Clerk g: \atty \agreem nt \oceaníque.co n.easemt. wpd ...., ST. LUCIE COUNTY MOSQUITO CONTROL DISTRICT · BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Page 8 of 9 '-" EXHIBIT "A" COMPOSITE EXHIBIT" B" g: \atty \agreem nt \aceani que.con.easem t. wpd .....,.¡ EXHIBIT UST Legal Description of the Property - Consisting of One Page "Sketch of Legal Description of Conservation Easements Performed for Tricon Real Estate, Inc." - Consisting of Eight Pages Page 9 of 9 '-'" ....." LEGAL DESCRIPTlON: ALL THAT PART OF THE NORTH 100 FEET OF THE SOUTH 1600 FEET OF GOVERNMENT LOT 1, IN THE NORTH 1/2" OF SECTION 23, TOWNSHIP 34 SOUTH, RANGE 40 EAST. ST. LUCIE COUNTY, FLORIDA. LYING EAST OF TI1E EASTERLY RIGHT-OF-WAY LINE OF ROUTE A-I-A, AS MEASURED A T RIGHT ANGUS TO THE SOUTH LINE OF SAID GOVERNMENT LOT 1 AS SHOWN ON PLAT OF SURVEY OF SAID SECTION 23 RECORDED IN PLAT BOOK 8, PAGE 21 OF TI1E PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA: CONTAINING 1.29 ACRES, MORE OR LESS TOGETI1ER WITH ALL TI1AT PART OF THE NORTH 100 FEET OF THE soum 1200 FEET OF GOVERNMENT LOT 1, IN THE NORTH 1/2" OF SECTION 23, TO'M'JSHIP 34 SOUTH, RANGE 40 EAST, S1. LUCIE COUNTY, FLORIDA. LYING EAST OF THE EASTERLY RIGHT-OF-WAY LINE OF ROUTE A-l-A, AS MEASURED A T RIGHT ANGLES TO THE SOUTH LINE OF SAID GOVERNMENT LOT 1 AS SHOVYN ON PLAT OF SURVEY OF SAID SECTION 23 RECORDED IN PLAT BOOK 8, PAGE 21 OF TI1E PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA: AND CONTAINING 1.35 ACRES, MORE OR LESS TOGETHER WITH ALL TI1A T PART OF THE NORTH 100 FEET OF THE SOUTH 1100 FEET OF GOVERNMENT LOT 1, IN THE NORTH 1/2" OF SECTION 2.3, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA. LYING EAST OF THE EASTERLY RIGHT-OF-WAY LINE OF ROUTE A-l-A, AS MEASURED AT RIGHT ANGLES TO THE SOUTI1 LINE OF SAID GOVERNMENT LOT 1 AS SHOWN ON PLAT OF SURVEY OF SAID SECTION 23 RECORDED IN PLAT BOOK 8, PAGE 21 OF TI1E PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA: CONTAINING 1.37 ACRES, MORE OR LESS TOGETHER WITH ALL THAT PART OF THE NORTH 100 FEET OF THE SOUTH 1000 FEET OF GOVERNMENT LOT 1, IN THE NORTH 1/2· OF SECTlON 23, TOWNSHIP .34 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA. LYING EAST OF THE EASTERLY RIGHT-OF-WAY LINE OF ROUTE A-1-A, AS MEASURED A T RIGHT ANGLES TO THE SOUTH LINE OF SAID GOVERNMENT LOT 1 AS SHOWN ON PLAT OF SURVEY OF SAID SECTION 23 RECORDED IN PLAT BOOK' 8, PAGE 21 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, flORIDA: AND CONTAINING 1.38 ACRES, MORE OR LESS TOGETHER WITH ALL THAT PART OF THE NORTH 100 FEET OF THE SOUTH 1200 FEET OF GOVERNMENT LOT 1 IN THE NORTH 1/2" OF SECTlON 23, TOWNSHIP .34 SOUTH, RANGE 4-0 EAST, ST. LUCIE COUNTY, FLORIDA. LYING WEST OF THE WESTERLY RJGHT-OF-WAY LINE OF ROUTE A-1-A, AS MEASURED A T RIGHT ANGLES TO THE SOUTH LINE OF SAID GOVERNMENT LOT 1 AS SHOWN ON PLAT OF SURVEY OF SAID SECTION 23 RECORDED IN PLAT BOOK 8, PAGE 21 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY FLORIDA: AND CONTAINING 5.1.3 ACRtS, MORE OR LESS TOGElliER WITH THE NORTH 200 FEET OF THE SOun-t 1400 FEET OF GOVERNMENT LOT 1, IN THE NORTH 1/2 OF SECTION 23, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF SAID GOVERNMENT LOT \, AS SHOWN ON THE PLAT OF SURVEY OF SAID SECTION 23, RECORDED IN PLA TSOOK 8, PAGE 21 OF THE PUBUC RECORDS OF ST. LUCIE COUNTY, FLORIDA. LESS THE RIGHT-OF-WAY FOR STATE ROAD A-1-A. CONTAINS 12.67 ACRES, MORE OR LESS '. ,¡ ." ¡:;. TOGETHER W1 TH THE NORTI1 100 FEET OF THE SOUTH 1500 FEET OF GOVERNMENT LOT 1, IN THE NORTH 1/2 OF SECTION 23, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF SAID GOVERNMENT LOT 1, AS SHOWN. ON THE PLAT OF SURVEY OF SAID SECTION 23, RECORDED IN PLA TSOOK 5, PAGE 21 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. LESS TI1E RIGHT-OF-WAY FOR STATE ROAD A-l-A, LESS AND EXCEPT THE FOLLOWING A PARCEL OF LAND L Y1NG IN SECTION 23, TOWNSHIP 34 SOUTH, RANGE 4-0 EAST, ST. LUCIE COUNTY, FLORIDA, BEING MORE PARTICULARL Y DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT ON THE WE:STERLY RIGHT-OF-WAY LINE OF SR A-l-A (A 100 FOOT RIGHT-OF-WAY) SAID POINT BEING 1 SOO FEET NORTH BY RIGHT ANGLE MEASUREMENT OF TI1E SOUTH LINE OF GOVERNMENT LOT 1, OF SAID SECT10,'J 23 AND RUN S89'35'30'W PARALLEL WITH THE SOUTH LINE OF GOVERNMENT LOT 1, A DISTANCE OF 242.68 FEET TO THE POINT OF BEGINNING: THENCE S00"24'30"E A DISTANCE OF 12.26 FEET; TI1ENCE S89'35'JO·W A DISTANCE OF 50.15 FEET; THENCE NOO'24'JO.W A DISTANCE OF 12..26 FEET; THENCE N89'35'30"E A DISTANCE OF 50.15 FEET TO mE POINT OF BEGINNING. EXHIBIT nA" ALL OF THE ABOVE CONTAINING 29.35 ACRES MORE OR bff:Ø '-' """" Sketch of Legal Description of Conservation Easements Performed for Tricon Real Estate, Inc. Locqted žn Section 23, Township 34 Smith Range 40 East, St. Lucie County, Florida Sheet T of 8 Not Valid Without All Sheets !iQIE5; 1) THE BEARING BASIS IS THE WEST RIGHT-Or-WAY LINE OF STATE ROAD A-1-A BETWEEN A FOUND IRON ROD AND CAP STAMPED LB +6++ AND A FOUND >2" IRON PIPE AS DEPICTED ON THIS SURVEY. THE BEARING BEING S18'28'57"E. 2) THIS SKETCH EXISTS SOlELY FOR THE PURPOSE or ILLUSTRATING THE LEGAL DESCIPTION TO WHICH IT IS ATTACHED. 3) ALL DIMENSIONS ARE CALCULATED UNLESSS OTHERWISE NOTED. +) THIS SKE TCH MEETS THE MINIMU~~ TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 61G17-6, FLORIDA ADMINISTATIVE CODE. PURSUANT TO SECTION +72.D27, FLORIDA STATUTES. N rfE 5 N I- W W :r: (/) w w (/) w z :J :r: u I- « :::E lI.roiQ; NO. R L N S E W 8 P$M MHW CHANGE OF DIRECTION, NO CORNER SET PROFESSIONAL SURVEYOR AND MAPPER MEAN HIGH WATER \' NUMBER RADIUS LENGTH NORTH SOUTH .EAST WEST \ \ _J}})~- ~ ~~.. f(E HORTH 100' or THE SOUTH 8/'7 1500', HORTI< 1/2 23-3'-'0'8// sø")5J(W )O.,~ -",.~. ~.'3a"( "" POINT OF BEGINNING CONSERVA N EASEMENT' A" GRAPHIC SCALE S89'35'30"W 198.38 louncI 1/2· Iron rÞCI and ca) Ib ...... POINT OF COMMENCEMENT CONSERVA TION EASEMENTS A lt. B '00 0 ~' - "" I '00 I 200 I 400 ; ( IN FEE:T ) 1 Inch = 100 rL +81005.DWG DISK J!lCD61 D P.S. 43 COMPOSITEi:EXHIBIT liB II SKETCH OF LEGAL DESCRIPTION ftThls Is NOT 0 Boundory Survey" PREP ARED BY: CJG MASTELLEI\, MOLER & REED 2205 14th AVENuE VERO BEACH, FLORIDA 32960 (772) 564-6050 LAND SURVEYING BUSINESS 4644 ~ ,..." Sketch of Legal Description of Conservation Easements Performed for Tricon Real Estate, Inc. ". Located in Section 23, Township 34 South Range 40 East, St Lucie County, Florida Sheet 2 oj 8 Not Valid Without All Sheets ~ 1) THE BEARING BASIS IS THE WEST RIGHT-OF-WAY LINE OF STATE ROAD A-'-A BETWEEN A FOUND IRON ROD AND CAP STAMPED lB 4644 AND A FOUND >2" IRON PIPE Ás DEPICTED ON THIS SURVEY. THE BEARING BEING S18'28'S7"E. 2) THIS SKETCH EXISTS SDlElY FOR THE PURPOSE OF IllUS-mA TlNG THE LEGAL DESCIPTION TO WHICH IT IS ATTACHED. :I) All DIMENSIONS ARE CALCULATED UNlESSS OTHERWISE NOTED. 4) THIS SKETCH MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL lAND SURVEYORS IN CHAPTER 61G17-6, FLORIDA ADMINISTAnVE CODE, PURSUANT TO SEcnON 472.027, FLORIDA STATUTES. NUMBER RADIUS LENGTH NORTH SOUTH EAST ß PSM t..tHW CHANGE OF DIRECTION, NO CORNER SET PROfESSIONAL SURVEYOR AND MAPPER t..tEAN HIGH WATER :ERVATION MENT "8" ioo' ci THE' SOUTH RTH '/2 2:1-.H-40 ERNMENT LOT I I- W w I (/) w w (/) w z :J I <.) I- <: :::E S89':lS'30"W 1238." POINT OF BEGINNING CONSERVA nON EASEMENT 's" N +'00 0 If' E ~ I - - - - GRAPHIC SCALE "" I 100 I 200 I .00 I s ( IN fEET ) 1 inch = 100 fl -- SKETCH OF LEGAL DESCRIPTION ~This Is NOT 0 Boundary Survey" PREPARED BY: CJG MASTELLER. MOLER & REED 2205 14th AVENUE VERD BEACH, FLORIDA 32960 (772) 564-8050 LAND SURVEYING BUSINESS 4644 '-" ...,; Sketch of Legal Description of Conservation Easements Performed for Tricon Real Estate, Inc. Located in Section 23, Township 34 South Range 40 East, St. Lucie County, Florida Sheet 3 of 8 Not Valid Without All Sheets LINE TABLE u..: BEARING LE NGTH LI 555'58'26"E 24.26 L2 539'47'01 "E 57,03 L3 547'03' 46"E 43.02 L4 533'42'36"W 47.96 L5 5«'18'03"E 37.89 L6 523'04'38'E 45.66 L7 N65'46'09"W 35.17 L8 N86'40'56"W 30,91 L9 584'09'25"W 34.85 LIO N62"34'33"W 33.26 LIl 549'36' 46"W 60.19 LI2 526'46'19"E 31.66 LI3 544'22' O"E 36.91 LI4 505'06'22"E 48.13 LI5 N69'04' 37"E 41.33 LI6 N69'33'24 "E 34.55 LI7 N45'04' 41"E 17.13 LI8 N59'58'10"E 18.09 LI9 N69'39'21"E 15.38 L20 N47'46'12"E 22.55 L21 N62'11'56"E 15.32 L22 572'44'58"E 15.05 L23 552'58'S5"W 8.44 L24 557'07'15"W 31.26 L25 560'11'42"W 13.80 L26 552'57'11 "w 30.53 L27 567'07'O"W 33.35 L28 557'55'24"W 22.15 L29 553'19'26"W 26.34 L30 546'29'03"W 68.35 L31 516'28'57"E 16.27 L32 N69'35'30"E 10S.21 L33 N01'01'33"E 50.41 L34 N34'OS'39"E 17.46 L35 N35'42'06"E 33.97 L36 N44'SO'08"E 29.31 L37 N61'S6'37"E 42.06 L38 N70'05'32"E 30.63 L39 566'51' 41"E 33,32 L40 516'47'40"E 38.18 L41 550'55' 37"E 31.0S L42 537'38'SS"E 26.69 L43 572'14'27"E 27.21 L44 56S'07'S4 "E 30.13 L45 512'34 'S8"E 41.33 L46 N39'19'16"W 14.5S L47 N14 '06'19"W 14,69 L48 N59'44'09"E 6.44 L49 S35'28'57"E 16.1S L5D 513'06'14 "w 17.0S SKETCH OF LEGAL DESCRIPTION "This is NOT 0 Boundary Survey" PREPARED B~: CJG MASTELLER. MOLER & REED 2205 14th AVENUE VERO BEACH. FLORIDA 32960 (772) 564-805D LAND SURVEYING BUSINESS 14644 NOT VALID WITHOUT THE S!GNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSE URVEYOR AND MAPPER. '-' ~ Sketch of Legal Description of Conservation Easements Performed for Tricon Real Estate, Inc. '" Located in Section 23, Township 34 South Range 40 East, St. Lucie County, Florida Sheet 4 of 8 Not Valid Wzthout All Sheets ~¡:SCRIPTION CONSERVA TlON EASEMENT " A" A PARCEL OF LAND LYING IN THE NORTH ~ OF SECTION 23, TOWNSHIP 34 SOUTH, RANGE 40 EAST, ST.. LUCIE COUNTY, FlORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOlLOWS: COMMENCING AT THE INTERSECTION OF THE WEST RIGHT-OF-WAY LINE or STATE ROAD A-1-A AND THE SOUTH LINE or THE NORTH 100 FEET OF THE SOUTH 120D FEET OF THE NORTH JS OF SAID SECTION 23, THENCE S89'35'30"W ALONG THE SOUTH LINE OF SAID NORTH 100 FEET OF THE SOUTH 12DD FEET, A DISTANCE OF 198,38 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S89'35'30"W ALONG SAID LINE, A DISTANCE OF 736,61 FEET TO THE EAST MEAN HIGH WATER LINE OF AN EXISTlNG CHANNEL; THENCE ALONG SAID MEAN HIGH WATER LINE N37'42'06"W, A DISTANCE or 19,97 FEET; THENCE N36'17'23"W, A DISTANCE OF 125.34 FEET; THENCE N38'46'D8"W, A DISTANCE OF 150.60 FEET; THENCE N39'43'48"W, A DISTANCE OF 49.75 fEET; THENCE N44'02'50"W, A DISTANCE OF 86..63 FEET; THENCE N71'32'S9"W, A DISTANCE or 72.01 FEET; THENCE N56'D3'S6'W, A DISTANCE OF 70.91 FEET TO THE NORTH LINE OF THE NORTH 100 FEET OF THE SOUTH 1500 FEET Of SAID NORTH JS OF SECTION 23, TOWNSHIP 3" SOUTH, RANGE 40 EAST; THENCE N89'3S'30"E ALONG SAID NORTH LINE OF THE NORTH 10D FEET OF THE SOUTH 1S00 fEET, A DISTANCE OF 832,1S FEET; THENCE S12'34'S8"E, A DISTANCE OF "'.33 fEET; THENCE S8S'07'54"E, A DISTANCE OF 30.13 fEET; THENCE S7214'27'E, A DISTANCE OF 27.21 FEET; THENCE S37'38'SS'E, A DISTANCE OF 26.69 fEET; THENCE SSO'SS'37'E, A DISTANCE OF 31.0S FEET; THENCE S16'47'40'E, A DISTANCE or 38,18 FEET; THENCE S66'S1'41'E, A DISTANCE OF 33.32 FEET; THENCE N70"OS'32"E, A DISTANCE OF 30.63 fEET; THENCE N61'S6'37"E, A DISTANCE Of 42.06 FEET; THENCE N"4'SO'08'E, A DISTANCE OF 29.31 FEET; THENCE N3S'42'06"E, A DISTANCE Of 33.97 fEET; THENCE N34'OS'39'E, A DISTANCE Of 17.46 FEET; THENCE N01"01'33"E, A DISTANCE OF SO.41 fEET BACK TO THE NORTH LINE SAID NORTH 100 fEET OF THE SOUTH 1S00 fEET; THENCE N89"35'30'E ALONG SAID NORTH LINE Of THE NORTH 100 FEET Of THE SOUTH 1S00 FEET, A DISTANCE Of 10S.21 fEET THE WEST RIGHT-OF-WAY LINE OF STATE ROAD A-1-A; THENCE S18'2B'S7"E ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 16,27 FEET; THENCE S4B'29'03'W, A DISTANCE OF BB.3S FEET; THENCE S53ï9'2B"W, A DISTANCE OF 26.3" FEET; THENCE S57'S5'24"W, A DISTANCE Of 22.1S FEET; THENCE S67"07'47'W, A DISTANCE or 33.3S fEET; THENCE SS2'57'11'W, A DISTANCE OF 30.S3 FEET; THENCE S60'1,'42"W, A DISTANCE OF 13.BO FEET; THENCE S57'07'1S"W,A DISTANCE or 31.26 FEET; THENCE S52'SB'SS'W, A DISTANCE Of B.44 FEET; THENCE S72'44'58'E, A DISTANCE OF 15.0S FEET; THENCE N62'1"S6"E, A DISTANCE OF 1S.32 fEET; THENCE N47"46'12'E, A DISTANCE OF 22.S5 fEET; THENCE N69'39'21"E, A DISTANCE or 15.3B FEET; THENCE NS9'5B'10'E, A DISTANCE OF 1B.09 fEET; THENCE N4S'04'41"E, A DISTANCE or 17.13 FEET; THENCE N69'33'24"E, A DISTANCE OF 34.S5 fEET; THENCE N69'O,,'37'E. A DISTANCE Of' "'.33 fEET; THENCE SOS'06'22'[, A DISTANCE Of 4B.13 FEET; THENCE S44-'22'43"[, A DISTANC[ Of 36.91 fEET; THENCE S2B'4B'19"[, A DISTANCE OF 31.68 FEET; THENCE S49'3B'46'W, A DISTANCE OF 6D.19 fEET; THENCE N62'34'33'W, A DISTANCE OF 33.26 FEET; THENCE S84'09'25"W. A DISTANCE OF 34.85 fEET; THENCE N8B'40'S6"W, A DISTANCE OF 30.91 FEET; THENCE N65'46'09'W, A DISTANCE OF 3S.,7 FEET; THENCE S23'O,,'38'E, A DISTANCE OF 4S.66 fEET; THENCE S44ïB'03"E. A DISTANCE OF 37.B9 FEET; THENCE S33'42'36"W, A DISTANCE Of' 47.96 FEET: THENCE S47"03'46'E, A DISTANCE OF 43..02 FEET; THENCE S39'47'O,'E, A DISTANCE OF 57.03 fEET; THENCE S55'5B'26"E, A DISTANCE OF 24.26 fEET BACK TO THE POINT OF BEGINNING. CONTAINING 331,329.24 SOU ARE FEET OR 7.61 ACRES, MORE OR LESS. SKETCH OF· LEGAL DESCRIPTION "This Is NOT 0 Boundary Survey" PREPARED BY: CJG MASTELLER, MOLER & REED 220S 14\h AVENUE VERO BEACH, FLORIDA 32960 (772) 564-80S0 LAND SURVEYING BUSINESS #4644 '-' ..." Sketch of Legal Description of Conservation Easements Performed for Tricon Real Estate, Inc. Located in Section 23, Township 34 Souih Range 40 East, St. Lucie County, Florida Sheet 5 of8 Not Valid Wìthout All Sheets ~ 1) THE BEARING BASIS IS THE WEST RIGHT-OF-WAY LINE OF STATE ROAD A-1-A BETWEEN A FOUND IRON ROD AND CAP STAMPED lB ~6H AND A FOUND >2" IRON PIPE AS DEPICTED ON THIS SURV[Y. THE BEARING BEING S18"28'57"E. 2) THIS SKETCH EXISTS SOlELY FOR THE PURPOSE OF IllUSTRATING THE lEGAL DESCIPTION TO WHICH 11 IS ATTACHED. 3) ALL DIMENSIONS ARE CALCULATED UNlESSS OTHERWISE NOTED. ~) THIS SKETCH MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 61G17-6, FLORIDA ADMINISTATIVE CODE. PURSUANT TO SECTION ~ 72.027, FLORIDA STATUTES. N w+. B ~ I:. NO. NUMBER CHANGE OF DIRECTION. NO CORNER SET R RADIUS PSM PROFESSIONAL SURVEYOR AND MAPPER l lENGTH MHW MEAN HIGH WATER N NORTH S SOUTH GRAPHIC SCALE E EAST W .00 WEST 0 51> '00 200 .00 ~. I I I I ( IN FEET ) 1 inch = 100 fl N89'3S'30"E 811.60 \D I- W W I If) W W If) W Z :::::¡ I U I- <I: 2 S89'3S'30"W 1238.1 \ POINT OF BEGINNING CONSERVA TION EASEMENT 'B" 101~.69 .sKETCH OF LEGAL DESCRIPTION "This Is NOT 0 Boundary Survey" PREPARED BY: CJG MASTELLER, MOLER & REED 2205 1 ~th A V[NuE V[RO BEACH, FLORIDA 32960 (772) 564-6050 LAND SURV[YlNG BUSINESS ~64~ ~8100S.DWG DISK #CD61 '-" .."", Sketch of Legal Description of Conservation Easements Performed for Tricon Real Estate, Inc. Located in Section 23, Township 34 SmIth Range 40 East, St. Lucie County, Florida Sheet 6 of 8 Not Valid Without All Sheets ~ 1) THE BEARING· BASIS IS THE WEST RIGHT-OF-WAY LINE OF STATE ROAD A-'-A BE1Wt:EN A FOUND IRON ROO AND CAP STAMPED LB +6+4 AND A FOUND >2" IRON PIPE AS DEPICTED ON THIS SURVEY. THE BEARING BEING S18'28'57·E. 2) THIS SKETCH EXISTS SOLELY FOR THE PURPOSE OF ILLUSTRATING THE LEGAL DESCIPllON TO WHICH IT IS "'.n ACHED, 3) ALL DIMENSIONS ARE CALCULATED UNLESSS OTHERWISE NOTED, 4) THIS SKETCH MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 61G17-6, FLORIDA ADMINISTATIVE CODE. PURSUANT TO SECTION +72.027, FLORIDA STATUTES. N W+E s , ....I ~~ OJ WilliQ; 8 NO. NUMBER R RADIUS PSM L LENGTH MHW N NORTH S SOUTH E EAST W WEST 100 CHANGE OF DIREcnON. NO CORNER SET PROFESSIONAL SURVEYOR AND MAPPER MEAN HIGH WATER GRAPHIC SCALE '0 '00 200 """ I :1 ~.... I I I ioufld 1 i2 . ."" ( IN FEET ) rod ond cop It. ..e4-4 N89'35'30"E 1 inch = 100 It. 811.60 )()()(y)(yyyx xxxxx 0> h/Vv VVY N ,0 lH( NORlHv100'~0f T~~OUlH 0 ,..,. ':'>00', NORlH '/2 n 3~-~O J GOVERNMENT LOT ),( X - ~ ~ y YY X X 6" ,><XCONSERVA TIOÑ Y x "AE , FLOOD ZONE xEASEMENT "8" , I I~ r:E 'NORTH" 260:" or THE"s6uTH<' '... x '~OO', NORlH 1/2 n-::I~-~o ....x GOVERNMENT LOT 1 ''''' ,:- I g THE NORlH 100' OF THE s&TH I '200', NORTH 1/2 23- 3~- ~O , Y yGR\I(R,.~ENT LOT 1 y X ...;;<.)<y V X YYYYYXYYX \ S89'35'30'w 1238.'1 found 1/2' 'on ...rod one! cop .n I- W W :r: lJ) w w lJ) w z ~ :r: u 'f- « ¿ Iltb ..... If lib +8\00 DWC DISK ICD!:.' SKETCH OF LEGAL DESCRIPTION "This Is NOT 0 Boundary Survey" PREPARED BY: CJG MASTELLERü MOLER & REED 2205 '4th A VEN E VERO BEACH, FLORIDA 32960 (772) 564-8050 lAND SURVEY1NG BUSINESS 4644 NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICE SURVEYOR AND PPER, '-' .""" Sketch of Legal Description of Conservation Easements Performed for Tricon Real Estate, Inc. Located in Section 23, Township 34 Soùth Range 40 East, St. Lucie County, Florida Sheet 7 of 8 Not Valid Without All Sheets IiQI[S; 1) THE BEARING BASIS IS THE WEST RIGHT-OF-WAY LINE OF STATE ROAD A-1-A BETWEEN A FOUND IRON ROD AND CAP STAMPED LB 4644 AND A FOUND >2" IRON PIPE AS DEPICTED ON THIS SURVEY.. THE BEARING BEiNG S18'28'57'[' 2) THIS SKEõCH EXISTS SOLELY FOR THE PURPOSE OF ILLUSTRATING THE LEGAL OESCIPTION TO \'THICH IT IS ATTACHED. 3) ALL DIMENSIONS ARE CAlCULA TEO UNLESSS OTHERWISE NOTED. 4) THIS SKETCH MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLDRIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 61G17-6, FLORIDA ADMINISTATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES. ~ NO. R L N S E W ê PSM MHW CHANGE OF DIRECTION. NO CORNER SET PROFESSIONAL SURVEYOR AND MAPPER MEAN HIGH WATER NUMBER RADIUS LE NGTH NORTH SOUTH EAST WEST LEGAl DESCRIPTION CONSERVATION EASEMENT 'B" A PARCEL OF LAND LYING IN THE NORTH J\ OF SECTION 23, TOWNSHIP 34 SOUTH RANGE 40 EAST, ST. LUCIE COUNTY. FLORIDA AND BEING MORE PARTICULARLY DESCRIBED ,,$ FOLLOWS: COMMENCING AT THE INTERSECTION OF THE WEST RIGHT-Or-WAY LINE or STATE ROAD A-1- A "ND THE SOUTH LINE OF THE NORTH 1 00 rEET or THE SOUTH 1200 FEET or THE NORTH J\ OF SAIO SECTION 23, THENCE S89'35'30"W, A DISTANCE OF 1,014.69 FEET TO THE INTERSECTION OF SAID SOUTH LINE AND THE WEST MEAN HIGH WATER or AN EXISTING CHANNEL ALSO BEiNG THE POINT or BEGINNING; THENCE CONTINUE SB9'35'30"W ALONG SAID LINE, A DISTANCE OF 1,238.11 rEET TO THE WEST LINE or GOVERNMENT LOT 1; THENCE N01'47'47"E ALONG SAID WEST LINE or GOVERNMENT LOT 1 SECTION 23, TOWNSHIP 34 SOUTH, RANGE 40 EAST, A DISTANCE OF 400.29 rEET TO THE NORTH LINE OF THE NORTH 1 DO FEET OF THE SOUTH 1500 FEET or SAID NORn-I J\ or SECTION 23, TOWNSHIP 34 SOUTH, RANGE 40 EAST; THENCE N89'35'30"E ALONG SAID NORTH LINE or THE NORTH 100 FEET OF THE SOUTH 1500 FEET. A OIST "NCE OF 811.60 rEET BACK TO THE SAID MEAN HIGH WA TER OF AN EXISTING CHANNEL; THENCE ALONG SAID MEAN HIGH WATER LINE S50'28'24'E, A DISTANCE OF 103.77 FEET; THENCE S62'42'40"E, A DISTANCE OF 109.32 FEET; THENCE S51'05'52"E, A DISTANCE OF 61.56 FEET; THENCE S43'53'31"E, A DISTANCE OF 61.54 FEET; THENCE S38'15'35'E, A DISTANCE OF 153.78 rEET; THENCE S32'58'32'E, A DISTANCE OF 65.65 FEET; THENCE S34'36'33"E. A DISTANCE OF 26.81 FEET TO THE POINT or BEGINNING. CONT AINING 423.5B2.56 SQUARE FEET OR 9.72 ACRES, MORE OR LESS. INGRfSSÆGRESS EAsn~ENT DfSCRIPTION A PARCEL OF LAND LYING IN THE NORTH J\ OF SECTION 23, TOWNSHIP 34 SOUTH RANGE 40 EAST, ST. LUCIE COUNTY, FLORIDA AND BEiNG MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF STATE ROAD A-1-A AND THE NORTH LINE OF THE NORTH 100 FEET OF THE SOUTH 1500 FEET, SECTION 23, TOWNSHIP 34 SOU n-I , RANGE 40 EAST; THENCE S18'2B'57"E ALONG THE WEST RIGHT-OF-WAY LINE or STATE ROAD A-1-A, A DISTANCE OF 16.27 FEET; THENCE S4B'29'03'W, A DISTANCE OF 22.'1 FEET; THENCE SB9'35'30·W. A DISTANCE OF 94.35 FEET; THENCE N01'O"33"E. A DISTANCE OF 30..01 FEET TO n-IE SAID NORTH LINE OF THE NORTH 100 FEET or THE SOUTH 1500 FEET; THENCE N89'35'30'E ALONG SAID NORTH LINE, A DISTANCE OF 105,21 FEET BACK TO THE POINT or BEGINNING.. CONTAINING 3,158.97 SQUARE FEET OR 0,07 ACRES, MORE OR LESS, 481005.DWG DISK HC061 SKETCH OF LEGAL DESCRIPTION "This Is NOT 0 Boundary Survey" PREPARED BY: CJG MASTELLER, MOLER & REED 22D5 14th A VENUE VERO BEACH, FLORIO A 32960 (772) 564-8050 LAND SURVEYING BUSINESS 4644 NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA lICEN SURVEYOR AND M PER. 'of v ...." Sketch of Legal Description of Conservation Easements Performed for Tricon Real Estate, Inc. Located in Section 23, Township 34 Soutk Range 40 East, St. Lucie County, Florida Sheet 8 of 8 Not Valid Wìthout All Sheets IiQ.ID; 1) THE BEARING BASIS IS THE WEST RIGHT-OF-WAr LINE OF STATE ROAD A-1-A BETWEEN A FOUND IRON ROD AND CAP STA~PED LB +641. AND A FOUND )2. IRON PIPE AS DEPICTED ON THIS SURVEr. THE BEARING BEING Si8·28'57"E. 2) THIS SKETCH EXISTS SOLELY FOR THE PURPOSE OF ILLUSiRA TlNG THE LEGAL DESCIPTlON TO WHICH IT IS ATTACHED. 3) ALL DIMENSIONS ARE CALCULATED UNLESSS OTHERWISE NOTED. +) THIS SKETCH MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER 61G17-6, FLORIDA ADMINISTATlVE CODE. PURSUANT TO SECTlON +72.027. FLORIDA STAruTES. ~ NO. R L N S E W ê CHANGE OF DIREcnON. NO CORNER SET PSM PROFESSIONAL SURVEYOR AND MAPPER ~HW MEAN HIGH WATER N w4-E NU~BER RADIUS LENGTH NORTH SOUTH EAST WEST GRAPH1C SCALE s "" 0 ~...i .- 2' I "" I '00 I 200 1· IN FEET ) 1 inch = 50 ft. \ \ \ \ \ POINT OF BEGINNING INGRESS/EGRESS EASEMENT \ \ \------ \ , upland \ \ , \ \ \ \-- +81005.DWG DISK jlCD61 SKETCH OF LEGAL DESCRIPTION ~This is NOT 0 Boundary Survey" PREPARED Br: CJG MASTELLER, MOLER & REED 2205 Hth A VENuE VERO BEACH, FLORIDA 32960 (772) 564-8050 LAND SURVEYING BUSINESS ...64... NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LlCEN SURVEYOR AND fA PPER. '" St. Lucie Count, E.osion Cont.ol Dist.ict F.annle Hatchlnson, Chal.man Ch.1s C.aft, Vice Chairman ,oseph E. Smith Doa, Cowa.d Paula A. Lewis Dlst.lct No.4 Dlst.lct No.5 District No. I District No.2 District No. I AGENDA Ma, 24, 2005 I. MINUTES Approve the minutes from the meeting held on May 10, 2005 2. GENERAL PUBLIC COMMENT I. PROCLAMATIONS/PRESENTATIONS Update on Beach Dunes by Richard Bouchard, Erosion District Manager CONSENT AGENDA I. WARRANTS LIST Approve Warrants List No. 33 NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taRen 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 (J72) 462-1m or TDD (772) 462- 1428 at least forty-eight (48) hours prior to the meeting. v ...." EROSION CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: May 1 0, 2005 Tape: 2 Convened: 11 :32 a.m. Adjourned: 11 :32 a.m. Commissioners Present: Chainnan, Frannie Hutchinson, Paula A. Lewis Doug Coward, Joseph Smith, Chris Craft Others Present: Doug Anderson, County Administrator, Ray Wazny, Asst. County Administrator, Faye Outlaw, Asst. County Administrator, Dan McIntyre, County Attorney, Don West, Public Works Director, Millie Delgado-Feliciano, Deputy Clerk I. MINUTES (2-2041) It was moved by Com. Craft, seconded by Com. Coward, to approve the minutes of the meeting held April 12, 2005, and; upon roll call, motion carried unanimously. 2. PUBLIC COMMENTS None ~. CONSENT ^(ìEND^ (2-2042) It was moved by Com. Cralt, seconded by Com. Lewis, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. The Board approved Warrant List No. 29, 30,31 and 32. There being no further business to be brought before the Board, the meeting was adjourned. Chainnan Clerk of Circuit Court \"\I~Y , 3 2005 ~ ...." 05/13/05 ST. LUCIE COUNTY - BOARD PAGE ?ZABWARR WARRANT LIST #33- 07-MAY-200S TO 13-MAY-2005 FUND SUMMARY- EROSION FUND TITLE EXPENSES PAYROLL 184 Erosion Control Operating Fund 222.19 0.00 GRAND TOTAL: 222.19 0.00 1