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Agenda Packet 12-08-2009
ii"i"4"irfliia161466idii December 8, 2009 9:00 A.M. BOARD OF COUNTY COMMISSIONERS AGENDA WELCOME ALL MEETINGS ARE TELEVISED. ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDAS WHILE IN USE IN THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES - Attached is the agenda, which will determine the order of business conducted at today's Board meeting. CONSENT AGENDA — These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA — Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually, usually in the order listed on the agenda. PUBLIC HEARINGS — These items may be heard on the first and third Tuesday at 6:00 P.M. or as soon thereafter as possible, or 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 r�ior to the listed time. The Chairman will open each public hearing and asks anyone wishing to speak to come forward, one at a time. Comments will be limited to five minutes. As a general rule, when issues are scheduled before the Commission under department request or public hearing, the order of presentation is: (1) County staff presents the details of the Board item (2) Commissioners comment (3) if a public hearing, the Chairman will ask for public comment, (4) further discussion and action by the board. ADDRESSING THE COMMISSION — Please state your name and address, speaking clearly into the microphone. If you have backup material, please have eight copies for distribution. NON -AGENDA ITEMS — These items are presented by an individual Commissioner or staff as necessary at the conclusion of the printed agenda. PUBLIC COMMENT — Time is allotted at the beginning of each meeting for 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 workshops throughout the year as necessary to accomplish their goals and commitments. Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the 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. 4 December 8, 2009 9:00 A.M. BOARD OF COUNTY COMMISSIONERS www.co.st-lucie.fl.us www.stlucieco.org ifiiiiii46litil3i44"l[fltfii Charles Grande, Chairman District No. 4 Doug Coward, Vice Chairman District No. 2 Chris Dzadovsky District No. 1 Paula A. Lewis District No. 3 Chris Craft District No. 5 UliiiiiiiiiiiiiiiiliE diiiiiiii iiCiiiiiiiitiiiiiliiitiiiliiRiiiii5iiiiii3[iiiiiiiiiil 3iHiiliiifiifiii#iClii4fi itiilHi3iti ti3'fiiiCiilliiiiiiiiiiiiiilliiiiii nib iitiiliithfkfii" I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the November 24, 2009 meeting. IV. PROCLAMATIONS/PRESENTATIONS A. COMMUNITY SERVICES Jr U/Pdk.()c mation to declare National Philanthropy Day and Shamsher Singh Day Consider staff recommendation to proclaim Sunday, November 15, 2009 as "Philanthropy Day" and Tuesday, December 8, 2009 as "Dr. Shamsher Singh Day" in St. Lucie County, Florida. B. Joseph E. Smith, Clerk of the Circuit Court, to present the "Certificate of Achievement for Excellence in Financial Reporting," for Comprehensive Annual Financial Report 2008. C. Presentation by Susan Buza of 211's Annual Service Delivery Report: 2008-2009 Perspective V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA 30 C rv� �e U A. WARRANTS Approve warrant list No. 9 and 10 B. COUNTY ATTORNEY 1. Florida Resources, LLC Replacement of Letter of Credit Consider staff recommendation to approve the acceptance of Letter of Credit No. 5290007769 and release of Letter of Credit number 2006-18. 2. Authorization to enter into an Impact Fee Payment Agreement with Magda Vilarino for delinquent Impact Fees pursuant to Resolution No. 09-114. Consider staff recommendation to approve the attached Impact Fee Payment Agreement with Magda Vilarino and sign the Agreement as drafted by the County Attorney's Office. B. COUNTY ATTORNEY CONTINUED After the Fact Revocable License Agreement — John H. Stamm, Jr. — 806 S. 4011 Court Consider staff recommendation to approve the After the Fact Revocable License Agreement with Mr. Stamm, authorize the Chairman to execute the Agreement and direct Mr. Stamm to record the Agreement in the Public Records of St. Lucie County, Florida. 4. Ordinance No. 10-02 — Amending Section 1-4-26 (Enforcement and Penalities; Mandatory Court Appearance) to Provide for Surcharge pursuant to Section 828.27(4)(b), Florida Statutes, to Fund the Cost of Training for Animal Control Officers Consider staff recommendation to approve permission to advertise proposed Ordinance No. 10-02 for public hearing on January 19, 2010 at 6:00 p.m. or as soon thereafter as may be heard. 5. Resolution No. 09-357 — Increase Medical Examiner Cremation Certificate Fee Consider staff recommendation to approve Resolution No. 09-357 increasing the Medical Examiner Cremation Certificate Fee. 6. Contract for Sale and Purchase — Harmony Heights Stormwater Improvements — Audrey Powell — Parcel I.D. 1431-801-0131-000/3 Consider staff recommendation to approve the Contract for Sale and Purchase from Audrey Powell, authorize the Chairman to sign the Contract, direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. Contract with New Horizon's of the Treasure Coast —Jail Diversion Program Consider staff recommendation to approve the contract with New Horizons of the Treasure Coast. The contract will have a retroactive start date of October 1, 2009, incompliance with services rendered since the start of the 2009/2010 budget year. 8. Contract with New Horizons of the Treasure Coast — Mental Health Court Consider staff recommendation to approve the contract with New Horizons of the Treasure Coast. The contract will have a retroactive start date of October 1, 2009, incompliance with services rendered since the start of the 2009/2010 budget year. C. ENVIRONMENTAL RESOURCES University of South Florida Contract for a Wetlands Inventory and Evaluation Study Consider staff recommendation to approve of a contract with the University of South Florida as outlined in the memorandum, and authorization for the Chairman to sign documents as approved by the County Attorney. 2. Palm Breezes Club Landscaping Improvement Agreement Consider staff recommendation to approve of the Landscaping Improvement Agreement with Centex Homes, developers of the Palm Breezes Club Planned Unit Development, in the amount of $12,191.40 and authorization for the Chairman to sign the Agreement as approved by the County Attorney. C. ENVIRONMENTAL RESOURCES CONTINUED 3. SL 2617 Fox Telecommunication Tower Landscaping Improvement Agreement Consider staff recommendation to approve of the Landscaping Improvement Agreement with PJ Development, LLC, developer of the SL 2617 Fox Telecommunication Tower, in the amount of $12,880.00 and authorization for the Chairman to sign the Agreement as approved by the County Attorney. 4. Castle Pines Gate House Minor Adjustment Landscaping Improvement Agreement Consider staff recommendation to approve of the Landscaping Improvement Agreement with the Castle Pines Homeowners' Association developer of the Castle Pines Gate House, in the amount of $3,818.00 and authorization for the Chairman to sign the Agreement as approved by the County Attorney. D. PARKS AND RECREATION American Legion Request to Serve Alcohol Consider staff recommendation to approve of the American Legion's request to serve alcohol at their "Blessing of Bikes" event at the Indrio School House on December 27, 2009 as outlined in the agenda memorandum. 2. River Park Marina ADA Playground Consider staff recommendation to approve authorization to purchase GameTime ADA accessible playground equipment, safety surfacing and site amenities totaling $125,436.23 for River Park Marina utilizing the U.S. Communities Government Purchasing Alliance National Contract #040376 as outlined in the agenda memorandum and authorization for the Chairman to sign documents, as approved by the County Attorney. E. PUBLIC WORKS Contract for median maintenance on St. James Drive, Midway Road south to Airoso Blvd. Consider staff recommendation to approve to enter into a contract with Gator Lawn Maintenance for the median maintenance on St. James Drive, Midway Road south to Airoso Blvd., in the amount of $33,000 and authorization for the Chairman to sign the documents as approved by the County Attorney. 2. Walton Road Widening (US 1 to Village Green Drive) Consider staff recommendation to approve of Change Order No. 2 to the contract with Felix Associates in the amount of $160,048.70 for the Walton Road Widening project (US 1 to Village Green Drive) and authorization for the Chairman to sign documents as approved by the County Attorney. 3. Beau Rivage Drainage Pipes Replacement Consider staff recommendation to approve to advertise an Invitation to Bid to replace failing drainage pipes at the intersection of South Shore Road and Everglades Boulevard in Beau Rivage subdivision. MOSQUITO CONTROL Acceptance of grant from FishAmerica Foundation (FAF) Consider staff recommendation to approve acceptance of the FAF grant, and authorization for Chairman to execute the agreement, as approved by the County Attorney. G. AIRPORT Taxiway C Rehabilitation Consider staff recommendation to approve of Budget Resolution No. 09-356 and Budget Amendment No. 10-007 establishing the fund for the FDOT grant for the Taxiway C Rehabilitation projects in the amount of $1,942,400 with a $485,600 local match and authorization for the Chairman to sign the documents as approved by the County Attorney. Change Order No. 4 for Phase 2 Access Control System Consider staff recommendation to approve of Change Order No. 4 for Smith Industries, Inc. for the Phase 2 Access Control System project increasing the total project cost by $227,054.04 from $1,020,771.24 to $1,247,825.28 with an increase in the contract time of 98 days to March 26, 2010 and authorization for the Chairman to sign the document as approved by the County Attorney. H. INFORMATION TECHNOLOGY Interlocal Agreement between St. Lucie County and Fort Pierce Utilities Authority (FPUA) Attachment A Consider staff recommendation to approve of the Interlocal Agreement (as shown in Attachment A) for Fort Pierce Utilities Authority (FPUA) and authorization for the Chairman to sign documents as approved by the County Attorney. 2. Contract with R & S Integrated Products & Services, Inc. Consider staff recommendation to approve to enter into a Contract with R & S Integrated Products and Services, Inc. for Laserfiche software support and authorization for the Chairman to sign documents as approved by the County Attorney. GRANTS St. Lucie County Regional History Center — Waiver of Entrance Fees. Consider staff recommendation to approve to waive the admission fee to the St. Lucie County Regional History Center from December 12, 2009 thru December 19, 2009 for visitors who donate a new, unwrapped toy to Toys for Tots. GRANTS CONTINUED 2. Silver Line Plastics — Letter of Intent Consider staff recommendation to approve authorization to have the County Administrator send a Letter of Intent to offer Silver Line Plastics: (1) An Ad Valorem Tax Abatement phased over six years subject to Board approval at a public hearing, Silver Line Plastics making an approximate capital investment in St. Lucie County of $5,000,000 for building improvements and equipment and Silver Line Plastics employing 44 persons at an average hourly wage of $16.40 (Estimated Value of Tax Abatement = $146,250). (2) A Job Growth Incentive Grant of $72,600 to be phased over three years subject to Silver Line Plastics employing 44 persons at an average hourly wage of $16.40. 3. Windstorm Mitigation of Three County Facilities — Grant Application Consider staff recommendation to approve authorization to submit a grant application in the amount of $198,873 to the Florida Department of Emergency Management Pre - Disaster Mitigation Program to mitigate three critical County facilities, for windstorm. Indrio Savannas Preserve Habitat Restoration — Grant Application Consider staff recommendation to approve authorization to submit a grant application in the amount of $19,278 to the Florida Fish and Wildlife Conservation Commission to improve gopher tortoise and scrub jay habitat in the Indrio Savannas Preserve. 5. Art in Public Places (AiPP) — Agreement for art services for the Zora Neale Hurston Graveside Pillars project. Under the circumstances set out in the memorandum, staff recommends the Board waive the call for artists and approve an agreement, in a form approved by the County Attorney, with James Liccione for art services in the amount of $12,000 for the Zora Neale Hurston Graveside Pillars project. 6. U.S. Department of Energy, Energy Efficiency and Conservation Block Grant — Grant Application. Consider staff recommendation to approve authorization to submit a funding application in an amount not to exceed $5 million to the U.S. Department of Energy, Energy Efficiency and Conservation Block Grant, Retrofit Ramp -Up and General Innovation Fund Programs, and authorization to sign grant application documents. MANAGEMENT AND BUDGET Resolution No. 09-352, Changes to Purchasing Manual — Apprenticeship Program Consider staff recommendation to approve Resolution No. 09-352, Changes to Purchasing Manual — Apprenticeship Program 2. Fixed Asset Inventory — Property Record Removal Consider staff recommendation to approve authorization to remove fixed assets, as listed on the attached Property Disposition Forms, from the capital asset inventory of the Clerk of Circuit Court. END OF CONSENT AGENDA PUBLIC HEARINGS VII. A. GROWTH MANAGEMENT Resolution No. 09-213, Petition of Home Dynamics Sedona, LLC for a 12-Month Extension of the Final Planned Unit Development (PUD) project known as Sedona PUD. Consider staff recommendation to adopt Resolution No. 09-213 granting a 12-month extension to the �0 Sedona PUD. a (r/ B - FF. PUBLIC WORKS Special Assessment Notice of Intent for 2010 Consider staff recommendation to adopt Resolution Numbers 09-317 through 09-347, Special Assessment Notice of Intents for 2010 as outlined in the agenda memorandum and authorization for the Chair to sign (� documents as approved by the County Attorney. P� Agenda Item Resolution Number Special Assessment VII-B 09-317APPruvPtA 4-6, Canoe Creek MSBU �SPn VII-C VII-D 09-318 Afprwed to -() 09-319Ap1ar Wed 4 -0 Kings/Indrio MSBU Lakewood Park 2 MSBU VII-E 09-320Apo, ojed q-0 Lakewood Park 3 MSBU VII-F 09-321 &pPrWeu! 4-0 North Lennard Road 1 MSBU VII-G 09-322F�PPrcJed N-0 North Lennard Road 2 MSBU VII-H 09-323 RPPra%edq-0 North Lennard Road 3 MSBU VII-I 09-324AW GNec� y-G Rainbow Drive 1 MSBU VII-J 09-325Appv,,Ve&'1 ti-G Rainbow Drive 2 MSBU VII-K 09-326 Aphr wPLt q-U River Hammock MSBU VII-L 09-327Apprcve cl t -0 South Hutchinson Island MSBU VII-M 09-328 Xppt&v'rd q-0 Towns, Villages, and Countrysides MSBU VII-N 09-329 Air k;m qI '6 River Park 1 SLD VII-O 09-330 �p�r i1e �{ !,� - 0 River Park 2 SLID VII-P 09-331 }���riieul -� ` , 0 Harmony Heights 1 SLID VII-Q VII-R 09-332 09-333 APPr Wpd `�'� Harmony Heights 2 SLID Sheraton Plaza SLID VII-S 09-334 A p(W ed c� -� Sunland Gardens SLID VII-T 09-335 App(w'M q O Sunrise Park SLID VII-U 09-336 A))r w'ed 4'0 Paradise Park SLID VII-V 09-337 ap—r ve( i -G Holiday Pines SLID VII-W 09-338� 0 The Grove SLID VII-X 09-339 A '�fw ui c{-G Blakely Subdivision SLID VII-Y 09-340 A�x?'`re.d �-Q Indian River Estates SLID VII-Z 09-341 Alp &;eLJ q-n Queens Cove SLID VII-AA 09-342{ Palm Grove SLID VII-BB 09-343���JQc�( Southern Oaks SLID VII-CC 09-344 A c ph��,fe�14 Meadowood SLID 09-345 t> Palm Lake Gardens SLID VII-EE 09-3461����-�e'�`� Kings Highway Industrial Park SLID VII-FF 09-347,,,� r (�-,0 Pine Hollow SLID END OF PUBLIC HEARINGS REGULAR AGENDA Vill. ANNOUNCEMENTS 1. The Board of County Commissioners will hold the Biannual Joint meeting with the Treasure Coast Education & Research Development Authority on Monday, December 14, 2009 at 1:00 p.m. in Room 219 of the University of Florida / IFAS Center located at 2199 S. Rock Road, Fort Pierce, FL 34945 2. The Board of County Commissioners will hold an Informal Monthly Meeting on Tuesday, December 22, 2009 at 1:30 p.m. in Conference Room #3. 3. County offices will be closed on Thursday, December 24, 2009 and Friday, December 25, 2009 to observe Christmas. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462- 1428 at least forty-eight (48) hours prior to the meeting. MOSQUITO CONTROL DISTRICT www.co.st-lucie.fl.us www.stiucieco.org Chris Dzadovsky, Chairman District No. Paula A. Lewis, Vice Chair District No. 3 District No. 2 Doug Coward District No. 4 Charles Grande District No. 5 Chris Craft _ „_; L MINUT S OvAppr pprove the minutes from the November 24, 2009 meeting. l� GENERAL PUBLIC COMMENT III. C ONSENT AGENDA ��Qc� A wA RRAN j� 61 Approve warrant list No. 9 and 10. 4 111% ( tv"C� alm i TICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at NO se may need to ensure that a verbatim record of the h lproceedings roceed ngs these meetings will need a record of the proceedings and for such purpose y • n l be request. Anyone with a disability requiring made. Upon the request to any o cross-examine rty to the eany individual testifyingdings, individuals ydurrinngna hearing upon (772) 462 partyorn in, Any 1777 or TDD (772) 462- will be granted the opportunity to accommodation to attend this meeting should contact the St. Lucie County Community Service 1428 at least forty-eight (48) hours prior to the meeting. EROSION DISTRICT www.CO.st-lucie.fl. us www.stlucieco orq Chris Craft, Chairman+�"��i17,����m Charles Grande, Vice Chairman Doug Coward Chris Dzadovsky Paula A. Lewis I MINUTE Q �0 Approve the minutes from the November 24, 2009 me eting. GENERAL PUBLIC COMMENT �I CONSENT AGENDA tW edk WARRANTS rove A PP warrant list No. 9 and 10. la District No. 5 District No. 4 District No. 2 District No. 1 District No. 3 NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board atg 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 will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a dithe proceedings sability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-11777 oor TDD (772 462- 1428 at least forty-eight (48) hours prior to the meeting. g COMMISSIONER GRANDE NOTES 12/08/09 IV. PROCLAMATIONSIPRESENTATIONS A. Presented by Community Services — Dr. Shamsher Singh will be here to accept. Presentation by Clerk Smith Presentation by Susan Buza of the 211's Annual Service Delivery Report There are no Additions to the Agenda There are no Pulled items BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: November 24, 2009 Convened: 9:00 a.m. Adjourned: 9:55 a.m. Commissioners Present: Chairman, Charles Grande, Doug Coward, Paula A. Lewis, Chris Dzadovsky, Chris Craft Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Debra Brisson, Parks and Recreation Director, Don West, Public Works Director, Lauri Case, Utilities Director, Beth Ryder, Community Services Director, Marie Gouin, OMB Director, Diana Lewis, Airport Director, Roger Shinn, Central Services Director, Carl Holeva , Human Resources Director, Mark Satterlee, Growth Management Director, Karen Smith, Environmental Resources Director, Chief Gary Wilson, Sheriffs Department, Athena Adams, Deputy Clerk INVOCATION PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the November 10, 2009 meeting. Approve the minutes from the November 17, 2009 meeting. It was moved by Com. Dzadvosky, seconded by Com. Coward, to approve the minutes of the meetings held on November 10, 2009 and November 17, 2009, and; upon roll call, motion carried unanimously. IV. PROCLAMATIONS/PRESENTATIONS A. COUNTY ATTORNEY Resolution No. 09-351— Proclaiming Tuesday, December 1, 2009, as "World Aids Day" in St. Lucie County, Florida. Consider staff recommendation to adopt Resolution No. 09-351 as drafted. It was moved by Com. Dzadovsky, seconded by Com. Craft, to approve Resolution No. 09-351, and; upon roll call, motion carried unanimously. V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA It was moved by Com. Dzadovsky, seconded by Com. Lewis, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 7 and 8 The Board approved Warrant List Nos. 7 and 8. B. COUNTY ATTORNEY Authorization to enter into an Impact Fee Payment Agreement with Noel and Mauva Hollingsworth for delinquent Impact Fees pursuant to Resolution No. 09-114. The Board approved the attached Impact Fee Payment Agreement with Noel and Mauva Hollingsworth and authorized the Chairman to sign the Agreement as drafted by the County Attorney's office. —1— 2. Assignment of Miller Legg payments to Federal National Commercial The Board approved the assignment of payment from Miller Legg to Federal National Commercial as of August 10, 2009. B. COUNTY ATTORNEY CONTINUED Revocable License Agreement — Florida East Coast Railway, LLC — Monitoring Wells — Downtown Parking Garage The Board approved the Revocable License Agreement, authorized the Chair to sign the Revocable License Agreement and instructed Florida East Coast Railway, LLC to record the Revocable License Agreement in the Public Records of St. Lucie County, Florida. 4. Resolution No 09-316 — Supporting Senate Bill 610 (SB 610) The Board approved the adoption of Resolution No. 09-316 supporting Senate Bill 610 as drafted. C. ENVIRONMENTAL RESOURCES Environmental Impact Report Waiver Request for the Mellon Patch Inn. The Board approved granting a waiver from the Environmental Impact Report requirement per Land Development Code 11.02.09(A)(5). D. GROWTH MANAGEMENT Publication of St. Lucie County Comprehensive Plan — Municipal Code Corporation (Municode) The Board approved the fourth amendment to contract with Municipal Code Corporation (Municode) to expand the agreement to December 30, 2010 and authorized the Chair to sign documents as approved by the County Attorney. 2. St. Lucie County Land Development Code Revisions The Board approved the Fifth Amendment to contract with Clarion & Associates to extend the agreement to December 30, 2010 and authorized the Chair to sign documents as approved by the County Attorney. E. PUBLIC WORKS Rosarita Avenue in Paradise Park The Board approved advertising Ordinance No. 09-030 for a public hearing on December 15, 2009, at 6:00 p.m., or soon thereafter, as the item may be heard designating a portion of Rosarita Avenue as a one-way roadway. 2. Bid Waiver and Authorization to piggyback on Sun "n" Lake of Sebring Improvement District's Pavement Management contract with Florida Highway Products, Inc. The Board approved the Bid Waiver and the authorized the piggyback to Sun "n" Lake of Sebring Improvement District's Pavement Management contract (Bid#08-102) with Florida Highway Products for Chip Seal and other asphalt materials and services for a not to exceed amount of $850,000 per year and authorized the Chair to sign the contract as approved by the County Attorney. HUMAN RESOURCES Prison Health Services Inmate Health Care for FY 08-09 Fourth Quarter Invoice —2— The Board approved payment for Prison Health Services invoice number PHS0006686 for the Fourth Quarter period of July 01, 2009 thru September 30, 2009, in the amount of $315,284.79. G. PARKS AND RECREATION National Water Safety Congress Grant Application The Board approved the submittal of a grant application to the National Water Safety Congress as outlined in the attached memorandum and authorized the Chair to sign the application. 2. Teamsters' Local Union No. 769 Request to Serve Alcohol The Board approved the Teamsters' Local Union No. 769 request to serve alcohol at their annual picnic at the Inddo School House on December 5, 2009 as outlined in the agenda memorandum. H. COMMUNITY SERVICES HOME Investment Partnership Program The Board approved the acceptance of the FY 09 grant agreement with HUD or the HOME Investment Partnership Program, Budget Resolution No. 09-348 and authorized the Chair to sign documents as approved by the County Attorney. 2. Early Learning Coalition Agreement The Board approved the sole source agreement with the Early Learning Coalition of St. Lucie and authorized the Chair to sign documents as approved by the County Attorney. MANAGEMENT AND BUDGET Invitation for Bid for Soda Machine Vending The Board approved advertising an Invitation for Bid for soda machine vending. 2. Request for Proposal 09-016, Radio Advertising Services The Board approved rejecting all responses for Request for Proposal 09-016, Radio Advertising Services Request for Qualifications (RFQ) No. 09-012, Neighborhood Charrette Services The Board approved the short-listed firms for Neighborhood Charrette Services and permission to: 1. Conduct oral presentations with the short-listed firms; 2. Conduct contract negotiations with the successful short-listed firms; 3. If negotiations are successful, award contract to the successful short-listed firms and authorized the chair to sign the documents as prepared by the County Attorney. END OF CONSENT AGENDA PUBLIC HEARINGS VII. There are no Public Hearings scheduled for November 24, 2009. END OF PUBLIC HEARINGS REGULAR AGENDA VIII. COUNTY ATTORNEY St. Lucie County v. T&T Land — Offer of Judgment Based on the above, the County Attorney recommends that the Board authorize the filing of an Offer of Judgment in the amount of $1,750,000. The County's special counsel concurs with this recommendation. It was moved by Com. Lewis, seconded by Com. Dzadovsky to approve the filing of an offer of judgment in the amount of $1,750,000 and; upon roll call, motion carried unanimously. —3— IX. BOARD OF COUNTY COMMISSIONERS The Board gave updates on the various Boards/Committees There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court —4— ITEM NO. IV - A AGENDA REQUEST DATE: 12/8/09 REGULAR (X ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Stefanie Myers, SUBMITTED BY: Community Services Assistant Director SUBJECT: Proclamation to declare National Philanthropy Day and Dr. Shamsher Singh Day BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends proclaiming Sunday, November 15, 2009 as "Philanthropy Day" and Tuesday, December 8, 2009 as "Dr. Shamsher Singh Day" in St. Lucie County, Florida. COMMISSION ACTION: ( APPROVED ( ) DENIED ( ) OTHER Approved 5-0 County Attorney ( ) CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director dAii Budget Analyst Davie S. McIntyre Originating Dept. ( ) J > th Ryder Marie Gouin Sophia Holt Community Services MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Director►�,� FROM: Stefanie Myers, Assistant Director DATE: December 8, 2009 SUBJECT: Proclamation to declare National Philanthropy Day and Dr. Shamsher Singh Day ITEM NO. IV -A Backaround: Each year, The Association for Fundraising Professionals declares National Philanthropy Day as a special day set aside to recognize and pay tribute to the great contributions that philanthropy and those people active in the philanthropic community have made to our lives, our communities and our world. This year marks the 24th anniversary of this special day. National Philanthropy Day provides an opportunity to reflect on the meaning of giving and all that it has made possible. It celebrates the endless daily contributions individuals and organizations across the world make to countless causes and missions. Shamsher Singh, MD was recently recognized by the Association of Fundraising Professionals of the Treasure Coast with a local Presidential Award for his philanthropy. This is the highest award given. Dr. Singh has resided in St. Lucie County for more than 34 years, assisting residents with their medical needs. He is an Internal Medicine physician with a specialization in Dermatology and has had a lifelong commitment to giving back. Dr. Singh has functioned as an emissary in educating others about the challenges faced by disadvantaged families and individuals and has taken a lead role in community philanthropy. He has served as a role model to his peers and others and his generosity has contributed immeasurably to the lives of the homeless, hungry, veterans, disaster and domestic violence survivors, children, and more. Through his efforts over the years, it is impossible to quantify the value of donations and volunteer time from others that have been inspired through his involvement. After the 2004 hurricanes that hit the Treasure Coast, damaging thousands of homes, and putting St. Lucie County at a standstill, Dr. Singh responded to the needs of seniors by providing $250,000 in funding to the Board of County Commissioners. Despite damage of his own, his concern for residents was immediate. He came forward without prompting and provided funding within days of the disaster. The funds were used to assist seniors with disaster recovery. These resources provided for debris removal and hurricane clean up; partial payment of insurance deductibles; purchase of medications, food, transportation and other life sustaining needs. Dr. Singh's dedication to giving back has allowed organizations such as Hospice of the Treasure Coast, A Better Way in Christ Mission, the Morgan Educational Center, the Shriner's, SafeSpace, Mustard Seed Ministries, St. Lucie County Community Services, Victory Children's Home, Amara Shrine Temple Burn Center and others to continue programs by providing fiscal resources for both direct services and operating expenses. Recommendation Staff recommends proclaiming Sunday, November 15, 2009 as "Philanthropy Day" and Tuesday, December 8, 2009 as "Dr. Shamsher Singh Day" in St. Lucie County, Florida. Attachments: Proclamation RESOLUTION NO. 09-349 A RESOLUTION PROCLAIMING SUNDAY, NOVEMBER 15, 2009 AS "PHILANTHROPY DAY" AND TUESDAY, DECEMBER 8, 2009 AS "DR. SHAMSHER SINGH DAY" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. LucieCounty, Florida, has made the following determinations: 1. National Philanthropy Day (NPD), a registered trademark with the U.S. Department of Commerce, is coordinated by the local chapters of the Association of Fund-raising Professionals (AFP), formerly the National Society of Fund-raising Executives. Currently, there are 197 chapters with over 30,000 members in the United States, Canada, Mexico and Asia. 2. The first annual NPD event was held in 1986 to celebrate the endless daily contributions individuals, corporations, and organizations across the world make to countless causes and missions. Last year more than 140 chapters held NPD events and activities across North America. 3. In 1994, the local Treasure Coast Chapter covering Martin, St. Lucie, and Indian River Counties was officially chartered with fifteen members; and in November, 1994, held their first local National Philanthropy Day event to honor local philanthropists and volunteers. 4. November 15°i has been designated the National permanent date for NPD, however, the Treasure Coast Chapter holds the event at various dates in November. 5. The 15'h Annual NPD event for the Treasure Coast Chapter of AFP was held on Friday, November 20, 2009 at the Harbour Ridge Yacht & Country Club, Palm City, Florida. 6. The event provides an opportunity to reflect on the meaning of giving and all that it has made possible. Its a chance to remind local com m unities, society, and the world, that the spirit of giving is alive and well, even in difficult times. 7. Shamsher Singh, MD received the Presidential Award underthe Treasure Coast competition at this event. Dr. Singh was nominated for this award by Mustard Seed Ministries and St. Lucie County Community Services as representatives for the untold number of non-profit and faith -based organizations that have been supported through Dr. Singh's munificence. 8. This award honors an individual or organization that participates behind the scenes in donating volunteertime and/or materials, encouraging philanthropy for the organization and is trulydedicated to the cause of the nonprofit that benefits from their attention. 9. Dr. Singh is an Internal Medicine physician with a specialization in Dermatology and a commitment to taking a lead role in community philanthropy. 10. Dr. Singh has been treating St. Lucie County residents through his Dermatology practice for 34 years. His kind heart and personal strength have allowed him to support St. Lucie County Social Service Agencies and residents. He has also functioned as an emissary in educating others about the challenges faced by disadvantaged families and individuals. 11. The impact of Dr. Singh on the community is priceless and immeasurable. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim November 15, 2009 as "PHILANTHROPY DAY" and December 8, 2009, as "DR. SHAMSHER SINGH DAY" in St. Lucie County, Florida. 2. This Board urges the citizens of St. Lucie County to acknowledge the generosity of Volunteers and donors who help make St. Lucie County a better place. This Resolution will take effect immediately upon its adoption. PASSED AND DULY ADOPTED this 8`h day of December, 2009, ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY CONSENT AGENDA ITEMS 11/25/09 FZABWARR FUND TITLE 001 001113 001176 001180 001184 001188 001436 001442 001505 001510 001511 001512 101 101002 101003 101004 102 102001 102809 105 107 107001 107002 107003 107006 107205 130 140 140361 150 160 183 183004 185009 185010 185011 189100 216 310001 315 316 401 418 451 458 461 471 478 ST. LUCIE COUNTY - BOARD WARRANT LIST # 9- 21-NOV-2009 TO 25-NOV-2009 FUND SUMMARY General Fund CDBG Supp Disaster Recovery Subgran FTA Section 5303 F/Y06 US Dept Housing HUD Shelter Plus Gr CDBG 07 Section 112/MPO/Fhwa/Planning 2007 INTACT Inspired Network to Achieve FCTD Planning Grant Agreement FDCA Emerg. Mgmt Prep & Assist FY09 CSBG FY 2009-2010 ARRA CSBG 2009 Neighborhood Stabilization Program Transportation Trust Fund Transportation Trust/80o Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Unincorporated Services Fund Drainage Maintenance MSTU Paradise Park Phase 2 SFWMD Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Court Related Technology Juvenile Justice & Delinquency Prev SLC Public Transit MSTU Airport Fund FDOT - Port of Ft. Pierce Dredging Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Admin.- Teen Court FHFA SHIP 2007/2008 FHFA SHIP 2008/2009 FHFA SHIP 2009/2010 Home Consortium County Capital I&S Impact Fees -Library County Building Fund County Capital Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund Sports Complex Fund No County Utility District-Operatin No Cty Util Dist -Renewal & Replace EXPENSES 233,834.23 3,054.08 58.67 40.30 28,418.32 715.88 1,073.28 53.07 813.60 88.56 81.73 311.91 18,271.61 16,180.75 1, 619.07 8,591.43 6,482.28 3,154.42 1,716.11 3,065.57 37,141.14 138.59 138.61 675.55 48,369.64 889.65 161.44 1,830.86 33,450.00 304.00 18, 949.00 2,719.99 395.36 1.29 149.73 15,700.00 25,122.55 1,202.00 10,998.69 8,492.20 8,524.00 83,284.73 7,525.53 15,080.59 39.74 35,846.57 11,461.37 97.56 PAGE PAYROLL 554,717.33 3,244.60 790.05 532.43 1, 635.80 9,700.03 0.00 714.50 0.00 1,157. 60 1,157.60 1, 635.80 36, 670.40 44,905.78 21,053.73 19,205.36 74,280.57 5, 343. 64 1,824 .24 0.00 155, 908.88 1,790. 99 1,790. 99 0.00 8, 736. 95 2,076.00 2,176.18 15,054.22 0.00 1,523.20 3, 693.22 3,009.49 5, 404 . 72 18.46 2, 144. 80 0.00 1, 635. 80 0.00 0.00 0.00 0.00 56, 804 . 66 20,955.29 3, 448. 13 537.35 21,718.98 7, 892. 52 1,320.25 1 12/04/09 FZABWARR FUND TITLE 001 001113 001176 001180 001181 001184 001188 001436 001442 001505 001509 001510 001511 001512 001513 101 101002 101003 101004 101006 102 102001 102809 105 107 107001 107002 107003 107006 107158 107205 109 111 112 113 114 116 117 119 122 123 126 127 128 130 130101 130207 136 ST. LUCIE COUNTY - BOARD WARRANT LIST #10- 28-NOV-2009 TO 04-DEC-2009 FUND SUMMARY General Fund CDBG Supp Disaster Recovery Subgran FTA Section 5303 F/Y06 US Dept Housing HUD Shelter Plus Gr FTA Section 5307 Operating & Capita CDBG 07 Section 112/MPO/Fhwa/Planning 2007 INTACT Inspired Network to Achieve FCTD Planning Grant Agreement FDCA Emerg. Mgmt Prep & Assist FY09 US Dept of Housing CDBG 09 CSBG FY 2009-2010 ARRA CSBG 2009 Neighborhood Stabilization Program EITC CSBG T&TA Program Transportation Trust Fund Transportation Trust/80o Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU Paradise Park Phase 2 SFWMD Library Special Grants Fund Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Court Related Technology USDOJ Edward Byrne Mem Justice 2009 Juvenile Justice & Delinquency Prev Drug Abuse Fund River Park I Fund River Park II Fund Harmony Heights 3 Fund Harmony Heights 4 Fund Sunland Gardens Fund Sunrise Park Fund Holiday Pines Fund Indian River Estates Fund Queens Cove Lighting Dist#13 Fund Southern Oak Estates Lighting Pine Hollow Street Lighting MSTU Kings Hwy Industrial Park Lighting SLC Public Transit MSTU FTA Operating and Capital Assist FDOT Fized Route Grant Monte Carlo Lighting MSTU#4 Fund EXPENSES 2,823,095.68 32,088.27 15,595.50 91.77 125.00 23,450.20 31,224.49 669.88 166.42 41.50 5,416.0.0 228.04 2,942.04 293.11 10.28 10,955.11 45,312.28 14,601.12 9,834.10 38,040.34 42,637.85 32,513.50 854.93 46.98 3, 846, 759. 71 219.38 219.38 6,351.74 38,911.23 221.18 408.96 35.00 3,282.37 653.77 258.84 563.71 631.08 157.05 987.98 1,129.71 401.05 134.73 408.63 550.26 159,341.06 99, 345.00 23,023.77 1,905.68 PAGE PAYROLL 78,817.03 0.00 0.00 0.00 0.00 0.00 114.32 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5,217.49 9, 696.38 3,103.54 1,178.40 0.00 9, 389.61 184.20 0.00 0.00 5, 681.16 55.68 55.68 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 12/04/09 FZABWARR FUND TITLE 138 139 140 140001 140137 140351 140365 142 150 160 183 183001 183003 183004 185010 185011 189100 189201 310001 310002 315 316 318 401 418 451 458 461 471 478 479 491 505 505001 611 616 625 630 665 669 685 686 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #10- 28-NOV-2009 TO 04-DEC-2009 FUND SUMMARY Palm Lake Gardens MSTU Fund Palm Grove Fund Airport Fund Port Fund FAA Runway Rehab & Security Fencing Install Access Control System FDOT Rehab Runway 1OR/28L Port MSBU Development Fund Impact Fee Collections Plan Maintenance RAD Fund Ct Administrator-19th Judicial Cir Ct Administrator-Arbitration/Mediat Ct Admin.-County Teen Court Ct Admin.- Teen Court FHFA SHIP 2008/2009 FHFA SHIP 2009/2010 Home Consortium FHFC Hurricane Housing Recovery Pla Impact Fees -Library Impact Fees -Parks County Building Fund County Capital County Capital -Transportation Bond Sanitary Landfill Fund Golf Course 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 Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Tourist Development Trust-Adv Fund SLC-Cultural Affairs Council Law Library . Tax Deed Overbid Agency Fund SLC Art in Public Places Trust Fund Lake Drive MSBU Sunland Gardens MSBU Greenacres MSBU Bank Fund GRAND TOTAL: EXPENSES 281.71 821.50 11,956.08 26,571.72 6,979.18 45,202.67 367.32 28,786.03 300.08 35,705.63 4,221.58 180.00 50.00 1,280.59 422.52 8,000.00 50,322.26 6.45 18.43 197,345.29 13,366.49 14,931.21 233,500.00 434,756.80 13,662.79 40,943.46 105.50 12,561.65 137,280.82 257.90 294.35 7,125.71 443,513.32 142,479.84 40,267.52 9,217.66 2,888.32 2,224.11 6.36 9,420.75 31,452.08 13,881.32 3,549.95 9, 342, 642 . 61 PAGE PAYROLL 0.00 0.00 256.04 0.00 0.00 0.00 0.00 0.00 76.16 301.92 0.00 0.00 0.00 0.00 0.00 0.00 0.00 77.08 0.00 0.00 0.00 0.00 0.00 7,376.72 1,849.47 77.65 3.70 701.93 181.30 7.39 15.64 8,041.81 1,752.34 134.24 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 134,346.88 K AGENDA REQUEST F L O IR it j1D iA TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-131 DATE: December 8, 2009 REGULAR[ ] PUBLIC HEARING [ ] CONSENT [ x PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Heather Sperrazza Lueke Assistant County Attorney SUBJECT: Florida Resources, LLC Replacement of Letter of Credit BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: See CA09-1527 RECOMMENDATION CONCLUSION: Staff recommends the Board approve the acceptance of Letter of Credit No. 5290007769 and release of Letter of Credit number 2006-18. COMMISSION ACTION: CONCURRENCE: [� APPROVED [ ] DENIED [ ] OTHER: Approved 5.0 Faye W. Outlaw, MPA County Administrator �//jy�' Review and Approvals [X] County Attorney: [/ Q L ]Management & Budget: [ ]Purchasing: Dpn''qlt `'Z' Road &Bridge.: [Iva ks & Recreation Director [ ] Solid Waste Mgr [ ] [ ]Finance: (check for copy only, if applicable) INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Sperrazza Lueke, Assistant County Attorney C.A. NO: 09-1527 DATE: December 8, 2009 SUBJECT: Florida Resources, LLC Replacement of Letter of Credit BACKGROUND: On June 26, 2006, Stewart Mining Industries, Inc. gave the County a Letter of Credit in the amount of $105,465.54 to guarantee completion of obligations with regards to mining operations. On October 5, 2009, Florida Resources, LLC gave the County a new Letter of Credit in the amount of $290,559.29 to replace the original Letter of Credit and guarantee new obligations with regards to their mining operations. The applicant now asks that the original Letter of Credit be released. RECOMMENDATION/CONCLUSION• Staff recommends the Board approve the acceptance of new Letter of Credit No. 5290007769 and the release of Letter of Credit number 2006-18. Respectfully submitted, Heather SperraZ e Assistant County Attor j AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-B-2 DATE: December 8, 2009 REGULAR[] PUBLIC HEARING [ ] CONSENT[x] PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Katherine Mackenzie -Smith Assistant County Attorney SUBJECT: Authorization to enter into an Impact Fee Payment Agreement with Magda Vilarino for delinquent Impact Fees pursuant to Resolution No. 09-114. BACKGROUND: See CA No. 09-1543 PREVIOUS ACTION: RECOMMENDATION CONCLUSION: Staff recommends that the Board approve the attached Impact Fee Payment Agreement with Magda Vilarino and sign the Agreement as drafted by the County Attorney's Office. COMMISSION ACTION: CONCURRENCE: j(J APPROVED [ ] DENIED [ ] OTHER: Approved 5-0 %y Review and Approvals [X] County Attorney: /Y,�j [ ]Management & Budget: Daniel McIntyre [ J Road & Bridge.: [) Parks & Recreation Director [ ]Finance: (check for copy only. if applicable) Faye W. Outlaw, MPA County Administrator [X) Public Works: Chris Lestrange [ J Solid Waste Mgr Effective 01109 INTER -OFFICE MEMORANDUM COUNTY ATTORNEYS OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Katherine Mackenzie -Smith, Assistant County Attorney C.A. NO: 09-1543 DATE: December 8, 2009 SUBJECT: Authorization to enter into an Impact Fee Payment Agreement with Magda Vilarino for delinquent Impact Fees pursuant to Resolution No. 09-114 BACKGROUND: St. Lucie County has adopted ordinances establishing impact fees so as to assure that new development bears a proportionate share of the cost of capital expenditures necessary to provide public buildings, roads and parks in St. Lucie County. On September 6, 2005, the Board of County Commissioners approved Ordinance No. 05-030 which provided for an alternative method for collection of impact fees for public buildings, roads and parks. The alternative collection mechanism provided for the County to serve an Impact Fee Statement notice upon the Fee Payer. If the impact fees were not paid and became delinquent, the County served a Notice of Lien upon the Fee Payer and the Owner. The Notice of Lien advised that upon failure to pay the impact fees, the County would record a Claim of Lien with the Clerk of the Circuit Court. Once recorded, the Claim of Lien constituted a lien against the property. On February 3, 2009, the Board of County Commissioners granted permission for the County Attorney to file suit to foreclose said lien(s). It has been requested by the Fee Payers to enter into a payment plan to pay the unpaid principal balance, accrued interest, late charges and other default -related costs recoverable under the terms of the Lien. Resolution No. 09-114 allows the Board of County Commissioners to enter into a payment plan with the delinquent fee payers. Such payment schedule shall be in conformity with the following guidelines: A) The terms of the Payment Schedule must be included within a binding Agreement between St. Lucie County and the Fee Payers. B) The Fee Payers shall agree to pay equal monthly payments for a term not to exceed 18 months beginning the month following execution of the Agreement. Payments shall be calculated on a calendar day basis, until paid in full, using the total impact fees, plus the delinquency fee and interest set at the statutory rate for final judgments. An amortization table shall be attached to the Agreement. C) In the event that an action in bankruptcy, mortgage foreclosure or any other interests in the land is instituted, then the full amount of the impact fees shall r immediately be due and the County will be authorized to protect any interest that it has in that property. D) Monthly payments will only be accepted for the agreed amount. However, nothing shall prohibit paying the entire balance due at any time during the 18 month term. E) The lien imposed upon the property for the payment of the delinquent impact fees shall remain in place and shall not be released until all impact fees and delinquency fees are paid in full; F) In consideration for the Agreement authorizing the payment of impact fee under a schedule, the Fee Payers shall waive any rights they may have under the statute of limitations or any other law for the institution of an action for the foreclosure of the lien. Magda Vilarino, 587 SW Bradshaw Circle, Port St. Lucie has asked for your consideration to enter into the Impact Fee Payment Agreement. The payment would be $181.06 for 18 months for a total of $3259.08. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the attached Impact Fee Payment Agreement with Magda Vilarino and sign the Agreement as drafted by the County Attorney's Office. KMS/cb Attachment Respectfully submitted, Katherine ckenzie-Smith Assistant County Attorney f IMPACT FEE PAYMENT AGREEMENT 1. PARTIES. "Vilarino" means "Magda Vilarino" and her successors and assigns. "County" means St. Lucie County, a political subdivision of the State of Florida, and its successors and assigns. 2. IMPACT FEE LIEN. On March 12, 2009, the County recorded a Claim of Lien for failure of impact fees to be paid. 3. PROMISE TO PAY. Vilarino promises to pay the principal sum of $3,038.00 plus interest fees and cost for a total of $3,259.08. Interest will continue to accrue on this amount until paid in full. Vilarino agrees that the impact fees due are valid and enforceable against the property. 4. MANNER OF PAYMENT. A. On or before the fifth day of each month, Vilarino shall pay $181.06 dollars to the County. B. Payment shall be made at the office of Code Compliance, 2300 Virginia Avenue, Fort Pierce, Florida, 34982, or at such other place as the County may designate in writing to Vilarino. 5. RIGHT TO PREPAY. Vilarino has the right to pay the entire debt evidenced by the Agreement, prior to the dates set forth above in paragraph 4. Monthly payments will only be accepted for agreed amount. 6. FAILURE TO PAY/SALE OF PROPERTY A. If Vilarino defaults by failing to pay in full any payment required hereunder, the County may require immediate payment in full of the balance remaining due. The County may choose not to exercise this option without waiving its rights. B. If Vilarino sells the Property, the County will require immediate payment in full of the balance remaining due. C. If the County has required immediate payment in full, as described above in paragraph 3, the County may require Vilarino to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this note. D. County may foreclose the liens and this Agreement without further notice. E. County may exercise all other rights available to it under written agreement or applicable law. County's rights are cumulative and may be exercised together, separately, and in any order. H:\Impact Fees\Vilarino• impact Fee Agreement.wpd Pagel of 2 4- WAIVERS. Vilarino and any other person who has obligations under this Agreement waive the rights of presentment and notice of dishonor. "Presentment" means the right to require the County to demand payments of amount due. "Notice of dishonor" means the right to require the County to give notice to other persons that amounts due have not been paid. GIVING OF NOTICES. Unless applicable law requires a different method, any notice that must be given to Vilarino under this Agreement will be given by delivering it or by mailing it by first class mail to Vilarino at 587 SW Bradshaw Circle, Port St. Lucie, Florida 34953 or at a different address if Vilarino has given the County written notice of a different address. Any notice that must be given to County under this Agreement will be given by first class mail to the County at the address stated in paragraph 4.13, or at a different address if Vilarino is given a notice of that different address. BY SIGNING BELOW, the parties accept and agree to the terms and covenants contained in this Agreement. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney WITNESSES: MAGDA VILARIN BY: , v Print Na H:\Impact FeesWilanno-Impact Fee Agreement.wpd Page 2 of 2 IMPACT FEE PAYMENT AGREEMENT Address 587 SW Bradshaw Cir Public Building - Correction $ 242.88 Tax ID number 3420-665-2995-0007 Public Building - Other $ 125.12 Permit number 0715794 Parks $ 484.00 Road $ 2,186.00 $ 3,038.00 10% Delinquency fee Loan amount $ 3,038.00 $ 3,038.00 Annual interest rate 9.00%1 Interest Loan period in years 1.5 Recording fees Start date of loan 1 / 1 /2010I Loan amount $ 3,038.00 Monthly payment $ 181.06 1 Number of payments 18 Total payment $ 3,259.08 1 Payment Beginning Monthly No. Date Balance Payment Principal Interest Ending Balance Payoff Amount - 1 2/1/2010 $ 3,038.00 $ 181.06 $ 158.27 $ 22.79 $ 2,879.73 $ 3,060.79 2 3/1/2010 $ 2,879.73 $ 181.06 S 159.46 $ 21.60 $ 2,720.27 $ 2,901.33 3 4/1/2010 $ 2,720.27 $ 181.06 $ 160.66 $ 20.40 $ 2,559.61 $ 2,740.67 4 5/1/2010 $ 2,559.61 $ 181.06 $ 161.86 S 19.20 $ 2,397.75 $ 2,578.81 5 6/1/2010 $ 2,397.75 $ 181.06 $ 163.07 $ 17.98 $ 2,234.68 $ 2,415.73 6 7/1/2010 $ 2,234.68 $ 181.06 S 164.30 $ 16.76 $ 2,070.38 $ 2,251.44 7 8/1/2010 $ 2,070.38 $ 181.06 $ 165.53 $ 15.53 $ 1,904.85 S 2,085.91 8 9/1/2010 $ 1,904.85 $ 181.06 $ 166.77 $ 14.29 $ 1,738.08 S 1,919.14 9 10/1/2010 $ 1,738.08 $ 181.06 $ 168.02 $ 13.04 $ 1,570.06 $ 1,751.11 10 11/1/2010 $ 1,570.06 $ 181.06 $ 169.28 $ 11.78 $ 1,400.77 $ 1,581.83 11 12/1/2010 $ 1,400.77 $ 181.06 $ 170.55 $ 10.51 $ 1,230.22 $ 1,411.28 12 1/1/2011 $ 1,230.22 $ 181.06 $ 171.83 $ 9.23 $ 1,058.39 $ 1,239.45 13 2/1/2011 $ 1,058.39 $ 181.06 $ 173.12 $ 7.94 $ 885.27 $ 1,066.33 14 3/1/2011 $ 885.27 $ 181.06 $ 174.42 $ 6.64 $ 710.85 $ 891.91 15 4/1/2011 $ 710.85 $ 181.06 $ 175.73 $ 5.33 $ 535.13 $ 716.18 16 5/1/2011 $ 535.13 $ 181.06 $ 177.04 $ 4.01 $ 358.08 $ 539.14 17 6/1/2011 $ 358.08 $ 181.06 $ 178.37 $ 2.69 $ 179.71 $ 360.77 18 7/1/2011 $ 179.71 $ 181.06 $ 179.71 S 1.35 $ $ 181.06 Printed: 11/18/2009 Page 3 of 3 AGENDA REQUEST ITEM NO. VI-B-3 DATE: December 8, 2009 REGULAR [ ] PUBLIC HEARING Leg. [ ] Quasi -JD [ ] CONSENT[XI TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: After the Fact Revocable License Agreement John H. Stamm, Jr. 806 S. 401h Court BACKGROUND: FUNDS AVAILABLE PREVIOUS ACTION: See Attached Memorandum N/A N/A RECOMMENDATION: Staff recommends the Board approve the After the Fact Revocable License Agreement with Mr. Stamm, authorize the Chairman to execute the Agreement and direct Mr. Stamm to record the Agreement in the Public Records of St. Lucie County, Florida. COMMISSION ACTION: CONCURRENCE: [h] APPROVED [ ] DENIED - [ ] OTHER Approved 5.0 Faye W. Outlaw, MPA County Administrator Review and Approvals [x] County Attomey:--,�'—'& [x] Road and Bridge [x] Public Works: Daniel S. McIntyre Don Pauley Don Wes [x] Originating Dept::fm - [x] Engineering:��_ [ ] Purchasing: JoAnn Riley Mike Powley PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: December 8, 2009 SUBJECT: After the Fact Revocable License Agreement John H. Stamm, Jr. 806 S. 40t" Court BACKGROUND: Mr. Stamm is requesting to install 5 ft. of pool pavers within the County's 30 ft. drainage easement. Upon reviewing his request, Road and Bridge found Mr. Stamm has fruit trees and installed a culvert within the drainage easement. Road and Bridge staff has determined the culvert was installed correctly and we can allow the fruit trees in the drainage easement. Staff has also approved the request for the 5 ft. of pool pavers. Staff has advised Mr. Stamm that we would allow the encroachments in the drainage easement, if he would agree to the terms of the After the Fact Revocable License Agreement, which states if there is any damage caused by the encroachments, Mr. Stamm will be responsible for the repair. RECOMMENDATION: Staff recommends the Board approve the After the Fact Revocable License Agreement with Mr. Stamm, authorize the Chairman to execute the Agreement and direct Mr. Stamm to record the Agreement in the Public Records of St. Lucie County, Florida. Respectfully submitted, \J6Ann Riley Property Acquisition Manager ti ■ /"%, A -IL A 1- ■ /\ I• ■ AAA A / A d ■ A /'\ ■ ■ !�\ T � DISCLAIMER 0 4 �r 0 AAL ' ' ► la �, A�an�te, Y October 28, 2009 St. Lucie County Property Acquisitions Stammi>lfg A Division of World Industrial Equipment, Inc. "Designer & Manufacturer of Lift Equipment' Re: Tax ID# 2417-603-0005-000-2 Dear Sirs: E Al I would like to put in a pool at my residence under the captioned tax identification number. The pool and deck would be into a 35' drainage easement. The proposed plan will leave$9.0' to pool structure. The deck will be sand set pavers. For this reason, I would need a license agreement from St. Lucie County. Please advise. 4850 ORANGE AVENUE - FORT PIERCE, FL 34947 (772) 461-6056 MAIN PLANT - 1-800-226-5056 IN FLORIDA - (772) 464-2716 FAX www.stamm-mfg.com - Email: liftinfo@stamm-mfg.com WI �. r i4 rr �f 'a � i t i � t fill 3 r Jill ,r aa+ a 1 is This instrument prepared by: Janet LiCausi under the direction of Daniel S. McIntyre, County Attorney 2300 Virginia Avenue Fort Pierce, FL 34982 AFTER THE FACT REVOCABLE LICENSE AGREEMENT THIS AGREEMENT, made and entered this day of , 2009, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, ("County") and JOHN H. STAMM, JR, whose address is 806 S. 40`' Court, Ft. Pierce, FL 34947 (the "Owner") WHEREAS, the Owner owns the property described as follows: LOCATION: 806 S. 40" Court, Fort Pierce, FL Hartman Heights Unit 2 Lot 5 - TAX I.D. 2417-603-0005-000/2 WHEREAS, the Owner has requested an "After the Fact" Revocable License Agreement for fruit trees, a culvert placed across the entire back property and pool pavers 5 ft. within the County's drainage easement located at the rear of his property. WHEREAS, the County is willing to permit the Owner to encroach in the County's drainage easement for the purpose of the fruit trees, a culvert across the entire rear of the property and pool pavers 5 ft. within the County's drainage easement, subject to the terms and conditions set forth in this "After the Fact" Revocable License Agreement. follows: NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as 1. The County agrees to grant the Owner an "After the Fact" Revocable License Agreement for the fruit trees, a culvert across the entire rear of the property and pool pavers 5 ft. within the County's drainage easement located in the rear of his property. This "After the Fact" Revocable License Agreement shall extend only to the above -referenced fruit trees, a culvert across the entire rear of the property and pool pavers 5 ft. within the County's drainage easement and shall not extend to the construction and/or installation of any additional structures. (See Exhibit 1.) 2. The sole purpose of this "After the Fact" Revocable License Agreement is to allow the Owner permission to keep and maintain the fruit trees, a culvert across the entire rear of the property and pool pavers 5 ft. within the County's drainage easement at the rear of his property. 3. Pursuant to the terms and conditions contained in this "After the Fact" Revocable License Agreement, the County authorizes the Owner to keep and maintain the fruit trees, a culvert across the entire rear of the property and pool pavers 5 ft. within the County's drainage easement. Any damage caused by and to these installations will be the responsibility and cost of the Owner to repair. 4. The "After the Fact" Revocable License Agreement shall be binding on future successors and assignees of the Owner provided that Owner gives adequate notice to the County pursuant to Paragraph Twelve (12) of this Agreement. 5. The County shall have the right, at the sole discretion of the County Engineer, to terminate this Agreement with or without cause and require removal of the encroachments at the Owner's sole expense upon ninety (90) days written notice to the Owner. 6. The County Engineer may, in lieu of termination, request that the Owner perform certain alterations to the encroachments, at the Owner's sole expense. However, if such alterations are not performed to the satisfaction of the County Engineer, the County shall be entitled to exercise its right to terminate this Agreement. 7. Upon the abandonment of the encroachments, the expiration of this "After the Fact" Revocable License Agreement, or the revocation of this "After the Fact" Revocable License Agreement, whichever occurs first, the Owner shall be responsible for the removal or plugging of the abandoned encroachment as directed by the County Engineer, consistent with the specification of the County in force at such time. 8. The term of this "After the Fact" Revocable License Agreement shall begin on the date first above written and shall remain in effect unless otherwise revoked or abandoned as provided herein. 9. Owner agrees to relocate the referenced improvements, at any time and at no cost to the County, if necessary for the maintenance or improvements of the drainage easement by the County. 10. The pavers shall be installed in accordance with all applicable building codes and permitting regulations of the County and shall be maintained solely at the expense of the Owner. Any maintenance or relocation activity will be subject to the written approval of the County Engineer. 11. The Owner agrees to allow County employees access to the location of the encroachments for County purposes as determined by the County Engineer. 12. All notices, request and other communications dealing directly or indirectly with this license shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or carrier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, address to: As to County: County Engineer Engineering Division 2300 Virginia Avenue, 2nd Floor Fort Pierce, FL 34982 As to Owner: Mr. John H. Stamm, Jr. 860 S. 40" Ct Ft. Pierce, FL 34947 With Copies to: County Attorney 2300 Virginia Avenue, 3rd Floor Fort Pierce, FL 34982 or to such other address as any party may designate by notice complying with the terms of this section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 13. As consideration for the County granting this "After the Fact" Revocable License Agreement the Owner agrees to indemnify and hold the County harmless from and against all claims, liability, demands, damages, expenses, fees, fines penalties, suits, proceedings, actions and costs of actions, including reasonable attorneys fees of any kind or nature arising or in any way connected with the use, occupation, management, or control of the above property by County or its' agents, servants, employees,patrons, or invitees, or resulting in injury to persons or property, or loss of life or property of any kind or nature whatsoever, sustained during Owner's use of the property. 14. The Owner shall promptly record this Revocable License Agreement in the Official Records of St. Lucie County, Florida. The Owner shall pay any document excise taxes and the cost of recording this Revocable License Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above first written. ATTEST: DEPUTY CLERK WITNESS: Witness Witness STATE OF FLORIDA COUNTY OF ST. LUCIE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS 1_:4'4 CHAIR MAW APPROVED AS TO FORM AND CORRECTNESS: The foregoing instrument was acknowledged before me this day of 2009, by JOHN H. STAMM, JR who produced (type of identification) and who did take an oath. WITNESS my hand and official seal, this .2 3 day of (Vo d , 2009. My commission expires: �..��44, THOMAS D. JOHNS Notary Public - State of Florida Commission Ezpiree Apr 5, 2010 Commission # DID 524736 Bonded By National Notary Assn Public EXHIBIT TO: Board of County Commissioners SUBMITTED BY(DEPT): County Attorney AGENDA REQUEST ITEM NO. VI-B.4 Date: December 8, 2009 Regular [ ] Public Hearing[ ] Consent[X] PRESENTED BY: Heather Young Assistant County Attorney SUBJECT: Ordinance No. 10-02 - Amending Section 1-4-26 (Enforcement and Penalties; Mandatory Court Appearance) to Provide for Surcharge pursuant to Section 828.27(4)(b), Florida Statutes, to Fund the Cost of Training for Animal Control Officers BACKGROUND: See C.A. No. 09-1529 FUNDS AVAIL.(State type & No. of transaction or N/A): N/A RECOMMENDATION/CONCLUSION: Staff requests permission to advertise proposed Ordinance No.10- 02 for public hearing on January 19, 2010 at 6:00 p.m. or as soon thereafter as may be heard. COMMISSION ACTION: [�) APPROVED [ ] DENIED [ J OTHER: Approved 5-0 CONCURRENCE: Faye W. Outlaw, M.P.A. County Administrator Coordination/Signatures County Attorney: Mgt. & Budget: - Purchasing: bani I S. McIntyre Marie Gouin Originating Dept.. Other (flack Southard Finance (Check for Copy only, if applicable): Other : INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 09-1529 DATE: November 19, 2009 SUBJECT: Ordinance No. 10-02 - Amending Section 1-4-26 (Enforcement and Penalties; Mandatory Court Appearance) to Provide for Surcharge pursuant to Section 828.27(4)(b), Florida Statutes, to Fund Training for Animal Control Officers BACKGROUND: In order to maintain the certifications required for their positions, the County Animal Control Officers must attend continuing education seminars. As this is a requirement of their employment, the County budgets funds for this cost. Section 828.27(4)(b), Florida Statutes (2009), authorizes a county to adopt an ordinance adding a surcharge up to $5.00 to all animal control and animal cruelty fines. The funds generated from the surcharge must be used to fund the cost of training for animal control officers. Attached to this memorandum is a copy of proposed Ordinance No. 10-02 which would amend Section 1-4-26 (Enforcement and Penalties; Mandatory Court Appearance) to provide for the surcharge in the amount of $5.00. The current budget for animal training officer training is $500.00 including related travel. This represents a reduction from the $750.00 budgeted for the previous year. In previous years, the Animal Control Division issued an average of one hundred seventy (170) citations which would generate approximately $850.00 in surcharges. As required under Section 828.27(4)(b), use of the funds generated under the ordinance would be restricted to training for animal control officers. RECOMMENDATION/CONCLUSION: Staff requests permission to advertise proposed Ordinance No. 10-02 for public hearing on January 19, 2010 at 6:00 p.m., or as soon thereafter as may be heard. Respectfully submitted, 4ca:�' k� Heather Youn Assistant County Attorney r Attachment HY/ Copies to: County Administrator Public Safety Director Finance Director Management and Budget Director Animal Control Coordinator V ORDINANCE NO. 10-02 AN ORDINANCE AMENDING CHAPTER 1-4 (ANIMALS AND FOWL) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY AMENDING SECTION 1-4-26 (ENFORCEMENT AND PENALTIES; MANDATORY COURT APPEARANCE) TO PROVIDE FOR A SURCHARGE PURSUANT TO SECTION 828.27(4)(B), FLORIDA STATUTES (2009) TO FUND THE COST OF TRAINING FOR COUNTY ANIMAL CONTROL OFFICERS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 828.27(4)(b), Florida Statutes, provides that a county may impose and collect a surcharge of up to five and 00/100 dollars ($5.00) upon a civil penalty imposed for violation of an ordinance relating to animal control or cruelty to be used for the cost of training animal control officers. 2. Article II (Animal Control), Chapter 1-4 (Animals and Fowl), the Board has adopted ordinances providing for animal control regulations and services including but not limited to response to incidents of animal cruelty within the unincorporated areas of the County. 3. It is in the best interest of the health, safety and welfare of the County's residents to adopt the surcharge permitted under Section 828.27(4)(b), Florida Statutes, in order to provide additional training for the County's animal control officers charged with the enforcement of Article II, Chapter 1-4. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida, as follows: PART A. Article II (Animal Control) of Chapter 1-4 (Animals and Fowl) of the Code of Ordinances of St. Lucie County is amended by amending Section 1-4-26(d) -I- Underlined passages are added. Stpuek thpotigh passages are deleted 4- (Enforcement and penalties; mandatory court appearances) to read as follows: Section 1-4-26 Enforcement and penalties; mandatory court appearances. (d) The commission of a charged infraction at a hearing authorized pursuant to this chapter must be proven by a preponderance of the evidence. Any violation of this article constitutes a civil infraction and may be punishable by a civil penalty not to exceed five hundred dollars ($500.00), or as otherwise provided in this article. Penalties for violation of specific sections of this article shall be established by resolution of the board of county commissioners. If the person who has committed the violation does not contest the citation, a civil penalty of less than the maximum allowed will be assessed. In accordance with Section 828.27(4)(b), Florida Statutes, the amount of any civil penalty assessed pursuant to this article shall be increased by five dollars ($5.00) for the purpose of funding the cost of training County animal control officers. Any citation may be contested in county court pursuant to Chapter 86-437, Laws of Florida. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County. Underlined passages are added. -2- strwek thre gl4 passages are deleted i PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chair Charles Grande Vice Chair Chris Dzadovsky Commissioner Doug Coward Commissioner Chris Craft Commissioner Paula A. Lewis PART H. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws and the word "ordinance" may be changed to "section," "article," or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B through H shall not be codified. PASSED AND DULY ENACTED this XX day of XX, 2010. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA Deputy Clerk s:\atty\ordinance\2010\10-02.doc -3- BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney Underlined passages are added. S#ruek threug# passages are deleted AGENDA REQUEST uiu" NTY ?R I �D A TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VI-B S, DATE: December 9, 2009 REGULAR[ ] PUBLIC HEARING [ ] CONSENT [ x ] PRESENTED BY: Heather Sperrazza Lueke Assistant County Attorney SUBJECT: Resolution No. 09-357 - Increase Medical Examiner Cremation Certificate Fee BACKGROUND: See CA09-1566 FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION CONCLUSION: Staff recommends the Board approve Resolution No. 09-357 Increasing the Medical Examiner Cremation Certificate Fee COMMISSION ACTION: CONCURRENCE: [�{] APPROVED [ ] DENIED _ [ ] OTHER: Approved 5.0 Faye W. Outlaw, MPA County Administrator Review and Approvals [X] County Attorney: JZ •, [ ]Management & Budget: [ ]Purchasing:_ [ ] Road & Bridge.: ) Parks & Recreation Director [ ] Solid Waste Mgr [ ]Finance:(check for copy only, if applicable) INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Sperrazza Lueke, Assistant County Attorney C.A. NO: 09-1566 DATE: December 8, 2009 SUBJECT: Resolution No. 09-357 Increase Medical Examiner Cremation Certificate Fee BACKGROUND: Pursuant to Section 406.08, Florida Statutes, St. Lucie County is required to pay a portion of the fees, salaries, and expenses of the District 19 Medical Examiner as well as provide autopsy and laboratory facilities to be used by the Medical Examiner. The District 19 Medical Examiner is required by Section 406.11, Florida Statutes, to prepare and issue a Cremation Certificate indicating the cause of death for each cremation performed in the County. On October 20, 1987, this Board adopted Resolution No. 87-211 imposing certain fees and charges for services provided by the Medical Examiner, including a twenty and 00/100 dollar ($20.00) fee for the preparation and issuance of a Cremation Certificate. On March 9, 2004, the Board approved Resolution No. 04-67 which amended the fees changed by the Medical Examiner to increase the Cremation Certificate fee to thirty and 00/100 dollars ($30.00) as of October 1, 2003. The Medical Examiner has requested authorization to increase the Cremation Certificate fee to fifty and 00/100 dollars ($50.00) as of January 1, 2010, in order to offset increasing costs incurred at the Medical Examiner's Office and thereby reduce each district's annual contribution to their budget. RECOMMENDATION/CONCLUSION: Staff recommends the Board approve Resolution No. 09-357 Increasing the Medical Examiner Cremation Certificate Fee. Respectfully submitted, Heather Spe azza C e Assistant County A rney RESOLUTION NO. 09-357 A RESOLUTION AMENDING RESOLUTION NO. 87- 211, AS AMENDED, BY AUTHORIZING THE MEDICAL EXAMINER FOR THE NINETEENTH JUDICIAL CIRCUIT TO INCREASE THE FEE FOR PREPARATION AND ISSUANCE OF A CREMATION CERTIFICATE; AND PROVIDING EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Pursuant to Section 406.08, Florida Statutes, St. Lucie County is required to pay a portion of the fees, salaries, and expenses of the District 19 Medical Examiner ("Medical Examiner") as well as provide autopsy and laboratory facilities to be used by the Medical Examiner. 2. The District 19 Medical Examiner is required by Section 406.11, Florida Statutes, to prepare and issue a Cremation Certificate indicating the cause of death for each cremation performed in the County. 3. On October 20, 1987, this Board adopted Resolution No. 87-211 imposing certain fees and charges for services provided by the Medical Examiner, including a twenty and 00/100 dollar ($20.00) fee for the preparation and issuance of a Cremation Certificate. 4. On March 9, 2004, the Board approved Resolution No. 04-67 which amended the fees changed by the Medical Examiner to increase the Cremation Certificate fee to thirty and 00/100 dollars ($30.00). 5. The Medical Examiner has requested authorization to increase the Cremation Certificate fee to fifty and 00/100 dollars ($50.00) in order to offset increasing costs incurred at the Medical Examiner's Office. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. Paragraph 1 of Resolution No. 87-211, as amended, is hereby further amended to read as follows: 1. The District Medical Examiner, in and for the Nineteenth District of the State of Florida, is hereby authorized to charge each funeral home a fee of fifty and 0/100 dollars ($50.00) for the preparation and issuance of a Cremation Certificate required by Section 406.11, Florida Statutes. 2. The increase shall take effect on January 1, 2010, and shall remain in effect until changed by further resolution of the Board of County Commissioners. PASSED AND DULY ADOPTED this day of , 2009. ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY OF(HE ST,�T�O OFFICE OF THE MEDICAL EXAMINER DISTRICT 19 o _ 0 2500 South 35th Street — Fort Pierce, FL 34981-5573 (772) 464-7378 • Fax (772) 464-2409 • MOOD we tPJ� Linda Rush O'Neil, M.D. Roger E. Mittleman, M.D. Associate Medical Examiner Chief Medical Examiner MEMORANDUM TO: Jason Brown, Director of Management & Budget, Indian River County Taryn Kryzda, Administrative Service Director, Martin County Jim Threewits, Deputy County Administrator, Okeechobee County Marie Gouin, Director of Management & Budget, St. Lucie County FROM: Roger E. Mittleman, M.D., Chief Medical Examiner -- " 1 DATE: November 6, 2009 SUBJECT: Request to Increase Cremation Approval Fees to $50.00 This purpose of this memo is to request Indian River, Martin, Okeechobee, and St. Lucie County Board of County Commissioners' approval to increase cremation approval fees at the District 19 Medical Examiner's Office from $30.00 to $50.00 effective January 1, 2010. Our records indicate that cremation approval fees have not increased since October 1, 2003. The increase in fees will help offset the increasing costs incurred at the Medical Examiner's Office, and thereby reduce each district's annual contribution to our budget. If you have any questions or concerns regarding this request, please call me at (772) 464-7378. I thank you for your assistance with this matter. SERVING ... INDIAN RIVER, MARTIN, OKEECHOBEE AND ST. LUCIE COUNTIES AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-136 DATE: December 8, 2009 REGULAR [ ] PUBLIC HEARING Leg. [ ] Quasi -JD [ ] CONSENT [ x] PRESENTED BY: SUBMITTED BY (DEPT.): County Attorney JoAnn Riley Property Acquisition Manager SUBJECT: Contract for Sale and Purchase Harmony Heights Stormwater Improvements Audrey Powell Parcel I.D. 1431-801-0131-000/3 BACKGROUND: Please see attached Memorandum FUNDS AVAILABLE: Funds will be made available in: Harmony Heights SLC Stormwater Imp. - Stormwater Management 102001-3725-561007-4207-Harmony Heights Stormwater PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board approve the Contract for Sale and Purchase from Audrey Powell, authorize the Chairman to sign the Contract, direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. COMMISSION ACTION: [)] APPROVED [ ] OTHER Approved 5-0 [x] County Attorney: Daniel McIntyre [x] Originating Dept: TrnP-- JoAnn Riley CONCURRENCE: [ ] DENIED Faye W. Outlaw, MPA County Administrator Review and Approvals [x] Road and BridgA [x] Public Works: - Don Pauley Don Wes [x] Engineering: MVP [ ] Purchasing: Mike Powley PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: December 8, 2009 SUBJECT: Contract for Sale and Purchase Harmony Heights Stormwater Improvements Audrey Powell Parcel I.D. 1431-801-0131-000/3 BACKGROUND: St. Lucie County is planning to construct stormwater improvements to the Harmony Heights neighborhood. The above -mentioned property is an important parcel in this project. We provided a willing seller letter to Ms. Powell who expressed and interest in working with the County on this project. Ms. Powell lives in Harmony Heights and knows what a benefit this project is to the area. A contract was presented to Ms. Powell for 100% of the appraised value of her property, according to Callaway & Price, Inc. the County's independent appraiser. Ms. Powell has accepted the County's Contract for Sale and Purchase in the amount of $11,000.00. RECOMMENDATION, Staff recommends the Board approve the Contract for Sale and Purchase from Audrey Powell, authorize the Chairman to sign the Contract, direct staff to proceed with the closing and record the Warranty Deed in the Public Records of St. Lucie County. Respectfully submitted, J Ann Riley roperty Acquisition Manager 2401 E3 A 2313 2301 2221 2219 HARMONY HEIGHTS -SUBJECT 0 0,005 001 002 003 004 Mles 2406 2402 2406 2400 2401 AVIENDA AVE 2311 2309 2306 2307 2302 2303 z 2300 2400 ARCEI*F s 2409 2466' 2401 • 2315 2312 2313 2308 2304 2303 JUANITA AVE PROJECT NAME: Harmony Heights Stormwater Project PARCEL: Audrey A. Powell -Parcel # 1431-801-0131-000/3 CONTRACT FOR SALE AND PURCHASE FOR REAL PROPERTY ACQUISITION THIS AGREEMENT made this day of 2009, AUDREY A. POWELL, whose mailing address is 480 Taunton Avenue, West Berlin. NJ. 08091 hereinafter referred to as SELLER and, ST. LUCIE COUNTY, a political subdivision of the State of Florida, whose mailing address is 2300 Vir inia Avenue Fort Pierce Florida 34982 hereinafter referred to as PURCHASER, upon the terms and conditions set forth herein, SELLER agrees to sell and PURCHASER agrees to purchase a certain parcel or parcels of real property located in the County of St. Lucie, Florida, being more fully described as: SEE ATTACHED EXHIBIT "A" together with all improvements and personal property located thereon as may hereinafter be specifically described. 1. PURCHASE PRICE AND METHOD OF PAYMENT. The full purchase price Eleven Thousand and 00/100 Dollars, determined to be the total of the following: j$11,000.00) Real Property 1431-801-0131-000/3 111,000.00 Other Improvements upon the Land (described, if any) $ N/A Other (describe) $ NIA payable in Cash or Cashier's check at the time of closing; plus or minus credits, adjustments and prorations as of the date of closing 2. EXPENSES. PURCHASER shall pay for documentary stamps and recording fees on the Deed conveying the subject real property to PURCHASER. Processing fees, if any, for obtaining a release, partial release or subordination agreement upon any existing mortgage shall be borne by PURCHASER. 1 3. TITLE. PURCHASER shall obtain, at the PURCHASER'S expense, a commitment for title insurance from a title company of PURCHASER'S choice, certified to a date not earlier that the date hereof, showing good and marketable title thereto to be vested in the SELLER, free and clear of all liens and encumbrances except those herein expressly set forth and those which shall be discharged by SELLER at or before closing. Should PURCHASER find on examination of said title commitment that SELLER'S title is not good and marketable, PURCHASER shall notify SELLER or his attorney in writing specifying the defects and SELLER agrees to use reasonable diligence to make same good and marketable and shall have a reasonable time therefor, but not to exceed 45 days from the date of said notification. If title shall not be made good and marketable within said time, all monies paid hereunder shall forthwith be repaid to PURCHASER and thereupon this contract shall become null and void and the parties hereto released and relieved of all further rights, duties or obligations hereunder; or, at PURCHASER'S option and PURCHASER'S request, SELLER shall deliver the title in its existing condition upon compliance by PURCHASER with the terms of the contract, and in such event SELLER shall be released and relieved from any duty and obligations to make such title good and marketable. 4. CONVEYANCE. SELLER agrees to convey title to PURCHASER by a good and sufficient statutory Warranty Deed, all real property to be free and clear of all liens and encumbrances except, taxes for the current year, and zoning ordinances. 5. LIENS. All certified liens or assessments and any pending liens for which work has been completed prior to the date of this contract, shall be paid by SELLER. SELLER shall make and deliver to PURCHASER a Mechanic's No -Lien Affidavit as to realty. 6. PRORATIONS. Taxes, rents, interest and other expenses or revenue of said property shall be prorated from the cash to close as of the date of closing. Credits and charges for the day of closing shall belong to and be borne by the SELLER. 7. RISK OF LOSS. SELLER assumes risk of any and all loss or damage prior to closing and the property 2 shall be conveyed in the same condition as on the date of this contract, ordinary wear and tear excepted. 8. POSSESSION. SELLER shall deliver possession to PURCHASER at the closing. 9. CLOSING. The closing shall be on or before December 22, 2009 at which time all monies due to be paid hereunder and all instruments due to be made, executed, and delivered by the respective parties, each to the other, as herein provided, shall be paid and delivered, and the abstract shall become the property of the PURCHASER, subject to possessory rights and mortgagees of record. 10. PLACE OF CLOSING. Closing shall be held at the offices of a place chosen by PURCHASER and PURCHASER shall notify SELLER in writing of same at least seven (7) days prior to closing. 11. ATTORNEY'S FEES. Either party failing to comply with the terms hereof will pay all expenses, including a reasonable attorney's fee, incurred by the other party because of that failure. 12. MISCELLANEOUS. Written provisions shall control all printed provisions in conflict therewith. This Contract embodies the entire agreement of the parties and may not be altered or modified except by an instrument in writing signed by the party against whom the enforcement of any alterations or modifications is sought. 13. DEFAULT. If SELLER fails to perform hereunder without fault of the PURCHASER, all monies paid hereunder shall be returned to the PURCHASER upon demand but PURCHASER shall not thereby waive any right or remedy he may have because of such default of SELLER. If PURCHASER fails to perform hereunder without fault of SELLER, all monies paid hereunder may be retained by SELLER as liquidated damages which shall be in lieu of all other remedies allowed by law and this contract shall there upon terminate. 3 14. DEED RESTRICTIONS. SELLER warrants that there are no deed restrictions which are coupled with a reverter or re-entry clause and that title is not based upon a tax deed, or if based upon a tax deed, that the title has been duly quieted by suit. 15. ASSIGNMENT. This contract is freely assignable by the PURCHASER, but no such assignment is binding upon SELLER until an executed copy thereof is delivered to the SELLER. Upon such delivery, the assignor shall be relieved of all liabilities under this contract. 16. ESCROW CLOSING. The cash proceeds of sale shall be held in escrow by the escrow agent for a period of no longer that five (5) business days to allow the deed to the PURCHASER to be recorded and the abstract of title continued, at the expense of the PURCHASER, to show title in the PURCHASER, without any intervening encumbrances or change from the date of last continuation. If there should be any change, the parties shall have the same rights as provided elsewhere herein, when SELLER is unable to make title good and marketable. 17. RECISSION. PURCHASER may rescind this contract if at the time of closing the SELLER is the subject of any insolvency, receivership or bankruptcy proceedings, or is deceased. 18. EXISTING MORTGAGES. SELLER hereby warrants that existing mortgages are in good standing and SELLER further agrees to keep them in good standing and to make all payments due thereunder; he shall either satisfy the mortgage or obtain a release of the subject property from the mortgage at or before closing. 19. REFUSAL OF SPOUSE. Failure or refusal of the wife or husband of the SELLER to execute the deed or any other required document, shall be deemed default of the SELLER. 20. OFFER TO SELL. SELLER and PURCHASER recognize and agree that by signing this agreement first, the SELLER is offering to sell the property described above to the PURCHASER in accordance with the terms and conditions of this agreement. If PURCHASER shall fail to approve this agreement within sixty (60) days after SELLER signs this agreement, this offer shall be null and void. 21. SELLER'S REPRESENTATIONS. (a) SELLER warrants and represents that there are no leases, occupancies, or tenancies; and none will be agreed to prior to closing without PURCHASER'S consent. (b) SELLER has not entered into any contracts, subcontracts, licenses, concessions, easements, or other agreements, service arrangements, either recorded or unrecorded, written or oral, affecting the property. (c) SELLER agrees with PURCHASER that from and after the date hereof and prior to closing, SELLER will not enter into any lease or agreement or any modification of any existing lease or agreement pertaining to the subject property without the written consent of PURCHASER. (d) Neither the whole nor any part of the subject property is now, and at the closing will be, in violation of any code, ordinance, statute, or regulation pertaining thereof; and SELLER has received no notice of any such violation. SELLER shall deliverto PURCHASER any such notice received priorto or after closing. (e) There are no encroachments thereof. (f) All of SELLER'S representations and warranties set forth in this Contract shall be true as of and surviving the closing, and all obligations of SELLER involving action or performance by SELLER prior to closing shall have been fully complied with. In the event that a lien, claim or cause of action should arise, resulting from the activities upon the property prior to closing or from any misrepresentations concerning the property contained herein, SELLER shall at its sole cost and expense defend against such claim or cause of action, and hold PURCHASER harmless therefrom, which shall include, but not be limited to, SELLER'S retaining such attorneys or other persons as may be required to fulfill this indemnification. If any of the representations of SELLER contained in this paragraph are inaccurate at the present time or as of the date of closing, PURCHASER may elect not to close this transaction in which event all parties shall be relieved from all obligations and liabilities hereunder; provided however, that nothing contained herein shall preclude PURCHASER from seeking specific performance of SELLER'S obligations hereunder so as to rectify any misrepresentation made by SELLER herein. 5 22. COMPLIANCE WITH ENVIRONMENTAL LAWS As of and subsequent to the date of this Contract of Sale, the SELLER warrants and represents to the PURCHASER, its successors and assigns, that to the best of the SELLER'S knowledge and belief that there is no violation of Federal, State, and/or local environmental laws and/or regulations on the property. PURCHASER, at PURCHASER'S expense, shall have the right to have said items inspected, and if upon inspection such items do not meet the above representations, PURCHASER shall have the option of canceling this Agreement or PURCHASER may elect to proceed with the transaction. 23. CONFLICT OF LAWS. The parties hereto hereby agree that all legal rights, duties, obligations and defenses shall be determined pursuant to the Laws of the State of Florida. The covenants herein shall bind and the benefits and advantages shall inure to the respective heirs, executors, administrators and successors orthe parties hereto. Whenever used, the singular shall include the plural, and the plural the singular and the use of any gender shall include all genders. IN WITNESS WHEREOF, the parties have hereunto affixed their hands and seals. OEXECUTED by SELLER this_ day o.2009. Witn ss r W ne STATE OF. COUNTY OF �lF/Ci f AUDREY A. POWELL The foregoing instrument was acknowledged before me this 1 b day of "'li , 2009, by AUDREY A. POWELL who is personally known to me or who has produced a drivers license issued within the last five years as identification. My Commission Expires JESSICA �Bv SS .�.�t ublic (Printed, Ty ed r Stamped) ate►, I2 6 EXECUTED by PURCHASER this ATTEST: DEPUTY CLERK day of .2009 BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS County Attorney 7 EXHIBIT "A" LOT 1 Block 12 Harmony Heights, Addition Four, according to the Plat thereof, as recorded in Plat Book 9, Page 71 of the Public Records of St. Lucie County, Florida. 8 EXHIBIT "B" SCHEDULE OF LEASES, TENANCIES AND OCCUPANCIES N�� EXHIBIT "C" CONTRACTS, LICENSES AND AGREEMENTS 10 EXHIBIT "D" OPERATION, MAINTENANCE AND EMPLOYMENT AGREEMENTS 11 Summary Report LAND APPRAISAL REPORT File No 09-62020-a — — nn...+vrcnua nvanutu w-a I-ou 1-u Ia I-uuua Census Tract 9.02 City Ft. Pierce Court St. Lucie State FL ZipCode 34946 LENDER DISCRETIONARY USE Sale Price $ Date Mortgage Amount $ Mortgage Type Discount Pants and Other Concessions Paid by Seller $ Legal Description Harmony Heights No 4 Blk 12 Lot 1 OR 787-2850 Iri—sy OwnerlOaat ant Powell, Audrey A Map Reference 34-40-33 Sale Price $ N/A Date of Sale N/A Property Rights Appraised X❑ Fee Simple ❑ Leashold Condominium (HUDNA) PUD Loan chargesifconcessions to be paid by seller $ N/A RE. Taxes $ 128.85 Tax Year 2009 HOA $/Mo. N/A Lender/Client St. Lucie County 2300 Virginia Avenue Fort Pierce Florida 34982 I Source LOCATION BUILT UP GROWTH RATE PROPERTY VALUES DEMANDISUPPLY MARKETING TIME LJ Urban X Suburban Rural ❑ Over 75% XD 25-75% Under 25% ❑ Rapid ❑ Stable X Slow ❑ Increasing ❑ Stable X Declining ❑ Shortage ❑ In Balance X❑ Over Supply Under 3 Mos. 3 6 Mos. X Over 6 Mos. NEIGHBORHOOD ANALYSIS rued An cw poor Employment Stability Convenience to Employment X 13 Convenience to Shopping ❑ 0 ❑ ❑ Convenience to Schools ❑ X ❑ ❑ Adequacy of Public Transportation X❑ Recreation Facilities Adequacy of Facilities ❑ Q ❑ Property Compatibility ❑ X❑❑ ❑ Protection from Detrimental Cond. ❑ ;UD ❑ [D Police & Fire Protection ❑ Q ❑ ❑ General Appearance of Properties X alto Market 7 X PRESENT L Single FamilyAND USE % 50% 2d Family 10% ;r Multi-Farrilly 5% In Commercial 5% - Industrial Vacant 30% LAND USE CHANGE Not Likely X Likely ❑ process ❑ To: PREDOMINANT SNM.EFANILYHOUSNG OCCUPANCY PRICE Owner ❑X $(000) Tenant ❑ Vacant (0.5%) ❑ Vacant (over 5%) X❑ N/A Vacant Land 1 AGE (yrs) 60 Low New 160 High 30 Predominant 60-80 - 15-20 Note: Race or the racial composition of the neighborhood are not considered reliable appraisal factors. COMMENTS -The Sub eat neighborhood is considered to be the area from Orange Avenue on the south, to St. Lucie Boulevard to the north bordered by North 25th Street on the east, and Keen Road on the west. Access to the Subject Neighborhood is considered good via Juanita Avenue. Proximity to employment, schools and services is considered good. Overall appeal to the market is considered avers e. Dimensions 55 x 141 Topography Basically Level Size Typical for Area Shape Rectangular Drainage Appears Adequate View Corner Landscaping Typical Driveway None Apparent Easements None noted FEMA Flood Hazard Yes' No No FEMA• Map/Zone 1202850176 F Zone "X" Site Area 7755 Sq.Ft. Comer Lot No Zoning Classification RS-4, Residential Zoning Compliance Yes HIGHEST & BEST USE: Present Use Sin le Familv Other Use N/A UTILITIES Public Other Electricity X❑ Gas ❑ None Water XSidewalk Sanitary Sewer X❑ Storm Sewer None SITE IMPROVEMENTS Type Public Private Street Asphalt ❑ X Curb/Gutter None ❑ ❑ None ❑ ❑ ❑ Street Lights Pole Mounted X❑ ❑ Alley None Comments (Apparent adverse easements, encroachments, special assessments, slide areas, etc.): No adverse easements nor encroachments were noted at the time of inspection. The undersigned has recited three recent sales of properties most similier and proximate to subject and has considered Iheae in the market analysis. The description includes a dollar adjustment, reflecting market reaction to those Items of significant variation between the subject and comparable properties. If a significant item in the comparable property is superior to, or more favor•iota Than, the subject property, a minus (-) adjustment is made, thus reducing the indicated ralus of subject; it a significant item in the comparable is interior to, or leas la moms life than, the subject property, a plus (+) adjustment is made, thus increasing the indicated value of the subject. ITEM SUBJECT COMPARABLE NO.1 COMPARABLE NO.2 COMPARABLE NO,3 Address XXX Avienda Ave Ft. Pierce XXX 42nd Avenue Harmony Heights Blk H Lot 9 XXX 47th Street Harmony Heights Blk J Lot 3 XXX 42nd Avenue Harmony Heights Blk 7 Lot 15 ProldwAy to Subject Sales Price $ N/A $ 8,000 $ 16,000 $ 11,500 Price/ SF $ 16 $ $ pj $ Data Source Public Records Public Records Public Records VALUE ADJUSTMENTS DESCRIPTION DESCRIPTION .(->sAdlemmm,l DESCRIPTION .)$Adlu-. DESCRIPTION (-tggd Wmanl ' Sales or Financing Concessions Conventional N/A Conventional N/A Conventional N/A Date of Sale/rime 5/7/2008 -1,600 5/2/2008 3,200 12/18/2008 -2,300 a Location Suburban Suburban No Ad'. Suburban No Ad'. Suburban No Ad'. Site/View Corner Interior 800 Interior 1,600 Interior 1150 Subdiv. Harmony Height Harmony Heights Harmonv Hei hts Harmony Hei hts Size 7,755 SF 5,720 SF 10,740 SF 7,755 SF Depth 141 Feet 104 Feet +1 850 179 Feet -1,900 141 Feet No Adj. Front Feet/Width 55 Feet 55 Feet No Ad'. 60 Feet No Ad'. 55 Feet No Ad'. Net Adj. total X + ;$ 1,050 + Fx-1 $ 3,500 1 1+ X - ;$ 1,150 Indicated Value of Subject Gross: 0.0 Net: 0.0 $ 9,050 Gross: 0.0 Net: 0.0 $ 12.500 Gross: 0,0 Net: 0.0 $ 10,350 Comments of Sales Comparison: See Attached Addendum Comments and Conditions of Appraisat: The appraisal is made "As Is", and is subject to the attached limiting conditions. Final Reconciliation: The SALES COMPARISON APPROACH best reflects the interactions of buyers and sellers in the open market lace, as ' such, it provides the best indication of value. Neither the COST APPROACH nor INCOME APPROACH were considered as the Subject Property is vacant land. I (WE) ESTIMATE THE MARKET VALUE, AS DEFINED, OF THE SUBJECT PROPERTY AS OF October 20, 2009 to be $ 11,000 I (We) certify: that to the best of my (our) knowledge and belief, the facts and data used herein are true and correct; that I (we) personally inspected the subject property and inspected all comparable sales cited in this report; andthat I (we) have no undisclosed interest, present or prospective therein. Appraiser(s) it�A57 //i�t_ri1� Review Appraiser _ . _ n X❑ Did ❑ Did Not AnthonyD. Vercillo (f applicable) Harry D. CNjay, SRA, MAI � Inspect Property eese—sav e.aua or"wee— Callaway & Price, Inc. AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): County Attorney ITEM NO. VI-B-7 DATE: 12-08-09 REGULAR[ ] PUBLIC HEARING [ ] CONSENT [X] PRESENTED BY: A Mark Godwin Criminal Justice Coordinator SUBJECT: Approve funding for Mental Health/Substance Abuse services offered by New Horizons of the Treasure Coast. Funds will support housing, treatment and services of persons who are in the criminal justice system and are mentally disabled. The objective of this funding would be to provide alternatives to incarceration and to shorten the time required for persons who meet criteria to enter mental health court and other case management services. Furthermore, staff verified that the rates for services in the attached contract are at or below the State rates. BACKGROUND: Please see attached Memorandum CA No. 09-1554. FUNDS AVAIL: $481,000.00 has been approved in the criminal justice budget 09/10 for mental health services through New Horizons. The account string is: 107-2360-581030-200. PREVIOUS ACTION: In FY06/07, the Board funded these services and has done the same for the past three (3) years. RECOMMENDATION: Staff recommends the Board approve the contract with New Horizons. The contract will have a retroactive start date of October 1, 2009, incompliance with services rendered since the start of the 2009/2010 budget year. COMMISSION ACTION: PC] APPROVED [ ] DENIED [ ] OTHER: Approved 5.0 [X] County Attorney: rl z Dan McIntyre CONCURRENCE: Faye W. Outlaw, MPA County Administrator Review and Approvals 1 ] /[x] Management & Budget: [ Marie Gouin, Direc or Patty Marston, Analyst County Attorney MEMORANDUM09-1554 TO: Board of County Commissioners THROUGH: Daniel S. McIntyre, County Attorney FROM: Mark J. Godwin, Criminal Justice Coordinator DATE: December 8, 2009 SUBJECT: Approval of funding Mental Health Services offered by New Horizons of the Treasure Coast ITEM NO. VI B 7 Background: Since 2005/2006, the Board has funded New Horizons of the Treasure Coast Inc. to provide services to individuals involved with the criminal justice system that were suffering from mental and or substance abuse disorders. The funding provides housing, medication, case management, psycho social rehabilitation and substance abuse services in community based settings. The contract for services is for $481,000.00. This funding also supports the $688,000.00 Substance Abuse, Alcohol and Mental Health grant award as in -kind match dollars. It should be noted that George Woodley, Ph.D., Program Administrator for State Substance Abuse and Mental Health Program Office was asked to review the rates as identified in the contract between the County and New Horizons of the Treasure Coast. Dr. Woodley stated in an e-mail dated November 18th, 2009, most of the rates the State pays is higher than what the County is being charged by New Horizons. Except in the instance for case management which is a bit higher. Dr. Woodley also thinks the overall charges are fair and very reasonable. I spoke with CEO John Romano of New Horizons in regards to the costs for case management, and he stated that the higher costs in the case management services are as a result of the liability insurance that he has to provide. Recommendation: Staff recommends the Board approve the contract with New Horizons CONTRACT THIS CONTRACT, made this day of December, 2009, between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter called the "COUNTY', and NEW HORIZONS OF THE TREASURE COAST, their successors, executors, administrators, and assigns hereinafter called the "CONTRACTOR". WITNESSETH: WHEREAS, the County desires to retain the services of the Contractor to provide services and support to defendants with mental health and/or co-occurring issues who would otherwise be incarcerated in the St. Lucie County Jail through St. Lucie County's mental health court without other resources or funds; and WHEREAS, the Contractor desires to provide the County with such services. NOW, THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by each party, the parties intending to be legally bound, hereby agree as follows: 1. PURPOSE That Contractor agrees with County, for the consideration herein mentioned, at his, its or their own proper cost and expense to furnish the labor necessary to carry out this Contract in the manner and to the full extent as set forth herein and to the satisfaction of the duly authorized representatives of St. Lucie County, who shall have at all times full opportunity to inspect the materials to be furnished and the Work to be done under this Contract. 2. GENERAL DESCRIPTION OF WORK It is agreed that the services to be provided under this Contract are an array of community -based services including, but not limited to transitional or temporary housing, medication, medication management, case management, mental health therapy, and substance abuse therapy services for mental health court participants who have no other funds, benefits or resources to cover those services and would otherwise be incarcerated in the County Jail (as more specifically as set forth in Exhibit A attached hereto and made a part hereof). The Contractor may also provide incidental services, as approved by the Mental Health Court Team, for eligible individuals. 1 3. PROJECT MANAGER The Project Manager for the County is Mark Godwin at (772) 462-1441. The Project Manager for the Contractor is John Romano at 772-468-4073. (Julie Dolan is the financial contact (772) 468- 4079) The parties shall direct all matters arising in connection with the performance of this Contract, other than notices, to the attention of the Project Managers for attempted resolution or action. Except as otherwise provided for in this Contract, the Project Managers shall be responsible for overall resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this Contract. The Project Manager, however, has no authority to approve or execute Change Order Work. 4. TERM The term of this Contract shall start on October 1, 2009 and terminate on September 30, 2010 5. CONTRACT DOCUMENTS The Contract documents which comprise the Contract between the County and the Contractor are attached hereto and made part hereof and consist of the following: A. This Contract, consisting of pages one (1) through eighteen (18) inclusive. B. Insurance certificates which shall be provided by the Contractor, along with the return of an executed copy of this Contract. C. Any modifications, including change orders, duly delivered after execution of this Contract. Except for duly authorized and executed modifications including but not limited to change orders and contract amendments, any conflict between the terms and conditions of this Contract and the terms and conditions of any of the other contract documents shall be interpreted in favor of this Contract. 6. REPORTS AND RECORDS A. The Contractor shall maintain during the term of this Contract, all books of account, reports, and records customarily used in this type of operation and such records as are necessary to document its activities pursuant to this Contract. The form of all such records and reports shall be subject to the approval of the Project Manager or his designee prior to commencement of operations, and subsequent recommendations for changes, additions, or deletions. 2 B. On or before the 20 day following the end of each calendar month throughout the term of this contract the Contractor shall furnish to the Project Manager or his designee a report of all persons receiving services under this Contract during the preceding calendar month, on forms approved by the Project Manager or his designee. This report shall be signed by the Contractor certifying its accuracy. C. All records of the Contractor necessary to verify the report set forth herein shall be available to the Contract Manager or his designee and the County's auditors at a reasonable location in St. Lucie County, Florida, for a period of six years after the starting date of this Contract. 7. SERVICES AND CONTRACT PAYMENT The Contractor shall provide services specifically described in Exhibit "A" attached in accordance with the Contract documents. The fee shall be calculated on a fee for service after voucher pursuant to the schedule as set forth in'Exhibit A" for services rendered not to exceed $481,000 annually. All services to be proved to Mental Health Court clients will be preauthorized by the Mental Health Court Team using vouchers (Attached). Services that exceed the preauthorized amount or time must be submitted to the Mental Health Court Team for further review and approval. Monthly invoices shall be presented to the County for payment on a Request for Payment Form approved by the County. The invoices shall be insufficient detail to allow for pre audit and post audit function. The County shall pay the Contractor through payments issued by the County Finance Department in accordance with the Florida Prompt Payment Act of Section 216.70, Florida Statutes, upon receipt of the certified invoice from the County Project Manager. The parties agree, however, that any payments withheld as liquidated damages or for any other reason allowed by this Contract, shall not be governed by the Florida Prompt Payment Act. 8. REIMBURSEMENT The intent is for the Contractor to provide mental health and related services to uninsured or underinsured Mental Health Court participants. The Mental Health Court participants will be assisted in promptly applying or reapplying for benefits. In the event participants are eligible or become eligible for benefits, any retroactive and prospective reimbursement for services provided will be diligently sought. Upon receipt of payment from a third party or other payer source, reimbursement- less 12% administrative fee to the Contractor - shall be credited to the County. The Contractor will provide to the County a quarterly report detailing any anticipated or received reimbursements. 3 9. PUBLIC CONTACT OF CONTRACTOR EMPLOYEES Contractor's employees or independent contractors in contact with the public shall perform their duties in an efficient and courteous manner. Failure of an employee/independent contractor to do so shall be grounds for the County Administrator or his designee to demand his or her removal from duties. All professionals, with the exception of the project manager shall be appropriately attired so as to be distinguishable as the Contractor's employees. 10. HIPAA Contractor and its employees or independent contractors shall comply with Part 2 of Title 42 of the Code of Federal Regulations, which governs the confidentiality of client records and recipients of this information may re -disclose it only in connection with their official duties. 11. SUBCONTRACTORS In the event Contractor requires the services of any contractor or professional associate in connection with the Work to be performed under this Contract, the Contractor shall secure the written approval of the County Project Manager before engaging such contractor or professional associate. 12. AUDIT The Contractor agrees that the County or any of its duly authorized representatives shall, until the expiration of six years after expenditure of funds under this Contract, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Contractor involving transactions related to this Contract, The Contractor agrees that payment(s) made under this Contract shall be subject to reduction for amounts charged thereto which are found on the basis of audit examination not to constitute allowable costs under this Contract. The Contractor shall refund by check payable to the County the amount of such reduction of payments. All required records shall be maintained until an audit is completed and all questions arising there from are resolved, or six years after completion of the project and issuance of the final certificate, whichever is sooner. 13. PUBLIC RECORDS The Contractor shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Contractor in conjunction with this Contract. 4 14. CONTRACTOR RESPONSIBILITY The Contractor is an independent contractor and is not an employee or agent of the County. Nothing in this Contract shall be interpreted to establish any relationship other than that of an independent contractor, between the County and the Contractor, its employees, agents, subcontractors, or assigns, during or after the performance of this Contract. The Contractor shall take the whole responsibility for the means, methods, techniques, sequences, and production of the Work. The Contractor shall bear all losses resulting to him, or its, on account of the amount or character of the Work, in or on which the Work is done is different from what was assumed or expected, including, but not limited to hurricanes, or because of errors or omissions in his or its bid on the Contract price, or except as otherwise provided in the Contract documents because of any other causes whatsoever. Execution of this Contract by the Contractor is a representation that the Contractor has become familiar with the local conditions under which the Work is to be performed, and correlated personal observations with the requirements of the Contract documents. Neither the County nor its officers, employees or agents assume any responsibility for collection of indemnities or damages from any person or persons causing injury to the Work or equipment of the Contractor. The Contractor assumes all risk of loss, damage and destruction to all of his or its materials, tools appliances and property of every description and that of his or its subcontractors and of their respective employees or agents, and injury to or death of the Contractor, his or its employees, subcontractors or their respective employees or agents, including legal fees, court costs or other legal expenses, arising out of or in connection with the performance of this Contract. 15. PERMITS AND LICENSES Contractor shall obtain, at its own expense, all permits and licenses required by law or ordinance and maintain same in full force and effect. 16. INDEMNITY Contractor agrees to pay of behalf of, protect, defend, reimburse, indemnify and hold the County, its agents, employees, elected officers and representatives and each of them, (hereinafter collectively and for the purposes of this paragraph, referred to as "County"), free and harmless at all times from and against any and all claims, liability, expenses, tosses, costs, fines and damages, including attorney's fees, and causes of action of every kind and character against County by reason of any damage to property or the environment, or bodily injury (including death) incurred or sustained by any party hereto, or of any party acquiring any interest hereunder, any agent or employee of any 5 party hereto or of any party acquiring an interest hereunder, and any third or other party whomsoever, or any governmental agency, arising out of or in incident to or in connection with Contractors performance under this Contract, the condition of the premises, Contractors acts, or omissions or operations hereunder, or the performance, non-performance or purported performance of the Contractor of any breach of the terms of this Contract; provided however that Contractor shall not be responsible to County for damages resulting out of bodily injury or damages to property which Contractor can establish as being attributable to the sole negligence of County, its respective agents, servants, employees or officers. Contractor further agrees to pay on behalf of and hold harmless and indemnify County for any fines, citations, court judgments, insurance claims, restoration costs or other liability resulting from its activities, whether or not Contractor was negligent or even knowledgeable of any events precipitating a claim or arising as a result of any situation involving Contractor's activities. Contractor recognizes the broad nature of this indemnification and hold harmless clause and voluntarily makes this covenant. This indemnification and hold harmless survives acceptance of the Work. This clause of the Contract will extend beyond the term of the Contract for a period of ten (10) years after the date of the acceptance of the Work by the County. 17. INSURANCE Commercial General Liability• Property Liability and Professional Services Liability• The Contractor shall maintain and, prior to commencement of this contract, provide the County with evidence of commercial general liability, property liability and professional services liability insurance to include: 1. All Risk Property Insurance: One million dollars ($1,000,000.00) per occurrence and one million dollars ($1,000,000.00) in the aggregate. Full replacement value is required and 2. Commercial General and Property Liability and Professional Services Liability: One million dollars ($1,000,000.00) per occurrence and three million dollars ($3,000,000.00) in the aggregate. The policies shall also provide the County be given a thirty (30) day written notice of cancellation or non -renewal and include the County as an additional named insured. Business Automobile Liability The Contractor shall maintain and, prior to commencement of this contract, provide the County with evidence of business automobile liability insurance to include: 1) coverage for any automobile for limits of not less than $1,000,000 combined single limit (bodily injury & property damage) per accident and 2) Personal Injury Protection (Florida no-fault) with full statutory limits. The policy shall also provide the County will be given a thirty (30) day written notice of cancellation or non renewal and include County as an additional insured. Workers Compensation and Employers Liability The Contractor shall maintain and, prior to commence of this contract, provide the County with evidence of workers' compensation insurance providing Florida statutory (F.5. 440) limits to cover all employees and include Employers Liability coverage with limits of not less than $1,000,000 for accidents or disease. The policy shall also provide the County will be given a thirty (30) day written notice of cancellation or non -renewal. 18. DEFAULT; TERMINATION A. FOP CAUSE If the Contractor fails to fulfill its obligations under this Contract in a timely and proper manner, the County shall have the right, but not the obligation, to terminate this Contract by giving written notice of any deficiency and by allowing the party in default seven (7) calendar days to correct the deficiency. If the Contractor fails to correct the deficiency within the seven calendar day period, this Contract shall terminate at the expiration of that time period. With regard to the Contractor the following items shall be considered a default under this Contract: (1) If the Contractor should be adjudged bankrupt, or if he, or it, should make a general assignment for the benefit of his, or its, creditors, or if a receiver should be appointed on account of his, or its, insolvency. (2) If the Contractor should refuse or fail to supply enough employees or proper material to meet the demands or if the Contractor should fail to make prompt payment for materials, or labor or other services entering into the Work. (3) If the Contractor disregards laws, ordinances, or the instructions of the Project Manager or otherwise be guilty of a substantial violation of the provisions of the Contract. (4) Fails to perform any of the terms of this Contract or performs work which fails to conform to the requirements of this Contract. (5) Notwithstanding the foregoing and as supplemental and additional means of termination of this Contract under this section, in the event that Contractor's record of performance shows 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, 7 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 Contract. In the event of any such subsequent default, County may terminate this Contract upon the giving of written final notice to Contractor, such cancellation to be effective upon the fifteenth consecutive calendar day 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 noticed Contractor shall proceed to cease any further performance under this Contract. (6) In the event of the aforesaid events specified in sections (1), (2), (3), (4), and (5), hereof and except as otherwise provided therein, termination shall be effective upon the date specified in County's written notice to Contractor and upon said date this Contract shall be deemed immediately terminated and upon such termination all Liability of the County under this Contract to Contractor shall cease, and the County shall be free to negotiate with other contractors for the operation of the herein specified services. For failure to perform, Contractor shall reimburse the County all direct and indirect costs of providing interim service. B. Contractor recognizes that the failure on the part of Contractor to comply with the terms of this Contract is likely to cause irreparable damage to the County and damages at law would be an inadequate remedy. Therefore, Contractor agrees that in the event of a breach or threatened breach of any of the terms of the Contract by 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 remedies or rights which the County may otherwise have by virtue of any breach of this Contract by Contractor. The County shall be entitled to seek injunctive relief without the posting of any bond or security to obtain the entry of temporary and permanent injunctions and order of specific performance enforcing the provisions of this Contract. The County shall also be able to seek injunctive relief to prohibit any act or omission by Contractor or its employees that constitutes a violation of any applicable law, is dishonest or misleading. 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 Contractor of this Contract. C. WITHOUT CAUSE The County or the Contractor may terminate the Contract without cause at any time upon thirty (30) calendar days prior written notice to the other party. Upon such termination, the Contractor waives any claims for damages from the termination without cause including, without limitation, any and'all consequential claims as set forth above, and as the sole right and remedy of the Contractor, the County shall compensate the Contractor for all authorized Work satisfactorily and responsibly completed through the termination date. 19. PROHIBITION AGAINST CONTINGENT FEES The Contractor warrants that it has not employed or retained any company or person, other than a bonafide employee working solely for the Contractor, to solicit or secure this Contract, and that he has not paid or agreed to pay any persons, company corporation, individual or firm, other than a bonafide employee working solely for the Contractor, any fee, commission, percentage, gift or any other consideration, contingent upon or resulting from the award of making this Contract. 20. NON DISCRIMINATION Contractor covenants and agrees that the Contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of the Contract with respect to hiring, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment because of age, sex or physical handicaps (except where based on a bonafide occupational qualification); or because of marital status, race, color, religion, national origin or ancestry. 21. VERIFICATION OF EMPLOYMENT STATUS The County will not intentionally award contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions of the Immigration and Nationality Act ( The County shall consider the employment by the Contractor of unauthorized aliens a violation of 5 U. 5ection 1324a (e) (Section 274A (e) of the INA]. The Contractor agrees that such violation by the Contractor shall be grounds for the unilateral cancellation of this Contract by the County. 22. ASSIGNMENT No assignment of this Contract or any right occurring under this Contract shall be made in whole or in part by Contractor without the express written consent of the Board. Assignment shall include any transfer of 20% or more of stock or control in Contractor. The assignment shall also include the failure of the Contractor's Project Manager to continue to actively participate in either this Contract or the Company. The County shall hove full discretion to 7 approve or deny, with or without cause, any subcontract, any proposed assignment or assignment by Contractor. Any assignment or subcontract of this Contract made by Contractor without the express written consent of the County shall be null and void and shall be grounds of the County to declare a default of this Contract and immediately terminate this Contract by giving written notice to Contractor, and upon the date of such notice this Contract shall be deemed immediately terminated, and upon such termination all liability of the County under this Contract to Contractor shall cease and Contractor shall be deemed to have failed to perform its obligations under this Contract, and County shall have the right to require performance or indemnification from any surety and shall be free to negotiate with other contractors or any other person or company to provide service to the County Urban Service Area. In the event of any assignment with the consent of County, the assignee shall fully assume all the liabilities of Contractor, provided, however, that such assignment and assumption shall not relieve Contractor of any liability or responsibility under this Contract. 23. NOTICES All notices, requests, consents, and other communications required or permitted under this Contract shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to: As To County: St. Lucie County Administrator Administration Annex 2300 Virginia Avenue Ft. Pierce, FL 34982 AS To Contractor: New Horizons of the Treasure Coast 4500 W. Midway Road Ft. Pierce, FL 34981 With a Copy To: St. Lucie County Attorney Administration Annex 2300 Virginia Avenue Ft. Pierce, FL 34982 Or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 10 24. NON -WAIVER The rights of the parties under this Contract shall be cumulative and the failure of either party to exercise properly any rights given hereunder shall not operate to forfeit any of the said rights. 25. CONFLICT OF INTEREST The Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Section 112.311, Florida Statutes (2009) and as may be amended from time to time. The Contractor further represents that no person having any interest shall be employed for said performance. The Contractor 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 Contractor'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 Contractor 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 Contractor. The County agrees to notify the Contractor of its opinion by certified mail within thirty (30) days of receipt of notif ication by the Contractor. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Contractor, the County shall so state in the notification and the Contractor 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 Contractor under the terms of this Contract. 26. DISPUTE RESOLUTION Any disputes relating to interpretation of the terms of this Contact or a question of fact or arising under this Contract shall be resolved through good faith efforts upon the part of the Contractor and the County or its Project Manager. At all times, the Contractor shall carry on the work and maintain its progress schedule in accordance with the requirements of the Contract and the determination of the County or its representatives, pending a final resolution of the dispute, including, if necessary, any determination by a Court of competent jurisdiction. Any dispute which is not resolved by mutual agreement shall be decided by the County Administrator 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, and so grossly erroneous as to necessarily imply bad faith, or not be supported by substantial evidence. 11 27. MEDIATION Prior to initiating any litigation concerning this Contract, 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 bylaw, 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, 28. INTERPRETATION; VENUE This Contract 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 Contract may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Contract shall be interpreted as a whole unit (including but not limited to the intent and purposes set forth in the attached memorandum of understanding) 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 Contract, venue shall be exclusively 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 justif iable in federal court. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Contract in counterparts each of which shall be treated as an original upon the terms and conditions above stated. ATTEST: CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE.COUNTY. FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY 12 WITNESSES: NEW HORIZONS OF THE TREASURE COAST BY: Print Name: Title: 13 EXHIBIT A Service Definition Housing Supplemental Housing assistance provided to mental health court clients who are currently homeless or about to be homeless or because of their mental illness, co occurring disorder, or mental health court participation may require alternative placement in an effort to facilitate safe, healthy, and independent living. Service Rate Approximate of Clients Projected Costs Housing $150 week < $21.50 day 30 $138,000 Housing Supplemental $10/day 10 $ 36,500 Admin Fee 5% $ 8,725 Substance Abuse Residential Treatment A licensed substance abuse residential level II program no less 28 days, 24/7 supervision. Services to include a range of assessment, treatment, rehabilitation, and ancillary services in a less therapeutic environment with an emphasis on rehabilitation. Service Rate Approximate of Clients Projected Costs NHTC — $3,920 — 28 TBD $60,000 Residential SA days Program Other Facilities Up to $5,000 TBD Included Above for 28 days Medical Services Psychiatric Evaluation: A comprehensive evaluation for mental health court clients who have a mental illness that investigates the recipients clinical status including the presenting problem, the history of the present illness, previous psychiatric history, physical history, medication history, relevant personal family and medical history, personal strength, and a brief mental status examination. The examination concludes with a summary of findings, diagnostic formulation, and treatment recommendations. Services must be provided by a psychiatrist or psychiatric ARNP. Medications and Medication Management: A review of relevant laboratory test results, prior pharmacy interventions, blood levels if available, and current medication usage for mental health court clients who have a psychiatric diagnosis. It includes the discussion of indications and contraindications for treatment risk and 14 management strategies with the recipient or other responsible persons. Weekly Standing Available Appt: One hour a week will be blocked to be available for new Mental Health Court clients needing emergent care. The rate is for the availability of the appointment. The location, date, time to be established. Medications: Prescriptions will be filled based on a case by case basis. Service Rate Approximate of Clients Projected Costs Psychiatric Evaluation $240 50 $12,000 Medication Mgmt $80/15 Min 50 $36,000 (1X month for 9 months Weekly Standing Available Ap t $240/1 Hour 52 $12,480 Medication Various TBD $35,520 Psychosocial Rehab Services Intended to restore a recipient's skills and abilities essential for independent living. Activities Include development and maintenance of necessary daily living skills, food planning and preparation, money management, maintenance of the living environment, and training in appropriate use of community services. Services are designed to assist the recipient to compensate for or eliminate functional deficits and interpersonal and environmental barriers created by their disabilities and to restore social skills for independent living and effective life management. These services may also be used to facilitate cognitive and socialization skills necessary for functioning in a work environment focusing on maximum recovery and independence. It includes work readiness assessment job development on behalf of the recipient job matching on the job training and job support. Service Rate Approximate of Clients Projected Costs Psychosocial $60/hour - 25 $39,000/26 sessions Rehabilitation Individual $15/hour - Grou 15 Targeted Case Management Services To optimize the functioning of priority clients (65E-15.051) who have complex needs by coordinating the provision of quality treatment and support services in the most efficient and effective manner. The desired outcomes for persons using the service system are self sufficiency and satisfaction in the living, learning, work, and social environment of their choice. Case managers help ensure that service plan goals and objectives are consistently pursued, assess the functioning level of the client, and assess progress toward the achievement of goals and objectives through a range of monitoring activities that include telephone calls, home visits, case and treatment reviews interviews, and site visits. Service Rate Approximate of ClientsF$72,000 Costs Targeted Case $80/hour 30 supplement Management and private insurance clients Mental Health and Substance Abuse Therapy Individual and family therapy services include the provision of insight oriented cognitive behavioral or Substance Abuse supportive therapies. Group therapy services include the provision of cognitive behavioral supportive therapy or counseling to individuals, or families, and consultation with family or other responsible persons for sharing clinical information. Also included is education counseling or advising family or other responsible persons on who to assist the client. Service Rate Appro��77 Projected Costs lth $100/hr $6,000 — 2x month for 6 therapy months Mental Health $25/hr TBD Included Above Thera - Group Substance $100/hr 5 $6,000 — 2x month for 6 Abuse Therapy - months Individual Substance $25/hr TBD Include Above Abuse Therapy — Grou Incidentals Includes unanticipated emergencies which may arise when a participant is in dire need of basic food, clothing, medical services, or transportation that is not available or he she is not eligible for 16 Service Incidentals from other community service programs. Rent, utilities, phone, furniture, dental, education, training, and other necessary items may be Included in incidentals for mental health court clients. List is not all inclusive. Rate Actual Costs Approximate of Clients 50 Projected Costs $18,775 17 Client Name: Date of Team Approval: Mental Health Court Approval of New Horizons Services MR#: Recertification Date: The following services have been recommended by the Mental Health Court Team and will be funded through the Jail Diversion funding. This approval is in place for a period of six (6) months or until the client obtains benefits and/or insurance that will pay for the services. Psychiatric Evaluation and Ongoing Medication Management Lab Work If the services below are authorized, please explain why they cannot be received through the Mental Health Court Grant Program Mental Health Therapy Substance Abuse Therapy Explanation: Regular Case Management Intensive Case Management Psychosocial Rehabilitation Explanation: Other (Please Describe): Requested By/Date Approved By/Date Dev: 11/08 18 AGENDA REQUEST C6 V NT: 1F .I =R 1 TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY (DEPT): County Attorney ITEM NO. VI-B-8 DATE: 12-08-09 REGULAR[ ] PUBLIC HEARING [ ] CONSENT [XI PRESENTED BY: Mark Godwin Al Criminal Justice Coordinator SUBJECT: Contract with New Horizons for staff services and support for defendants with mental health and co-occurring issues who would otherwise be incarcerated in the County jail. BACKGROUND: Please see attached Memorandum CA No. 09-1559. FUNDS AVAIL: State of Florida award of $688,572 for three (3) years. $229,524 was awarded in the first year, and $226,236.40 has been awarded in the second year. PREVIOUS ACTION: Since the time of the award (2007/2008), the Board approved the application of the grant, accepted the grant award, and has contracted with New Horizons since the time the grant was awarded. RECOMMENDATION: Staff recommends the Board approve the contract with New Horizons. The contract will have a retroactive start date of October 1, 2009, incompliance with services rendered since the start of the 2009/2010 budget year. COMMISSION ACTION: [NA APPROVED ( ] DENIED OTHER: Approved 5-0 [X] County Attorney: Dan McIntyre CONCURRENCE: .� Faye W. Outlaw, MPA County Administrator Review and Approvals [x] Management & Budget: � [ Marie Gouin, Dire for Patty Marston, Analyst County Attorney MEMORANDUM09-1559 TO: Board of County Commissioners THROUGH: Daniel S. McIntyre, County Attorney FROM: Mark J. Godwin, Criminal Justice Coordinator DATE: December 8, 2009 SUBJECT: Approve contract with New Horizons of the Treasure Coast for grant services as identified in the St. Lucie County Mental Health Court Implementation/Expansion Reinvestment Grant ITEM NO. VI B 8 Background: Two (2) years ago, the State Department of Children and Families awarded St. Lucie County a total of $688,572 dollars through the Criminal Justice Mental Health Reinvestment Grant Program. This grant directly benefits the mental health court, and the clients that are receiving numerous benefits through New Horizons of the Treasure Coast. The grant program is currently in the second year. Also a second year contract with New Horizons needs to be approved by the Board, in accordance with the grant requirements. New Horizons provides professional and para-professional services, along with coordinating treatment and services for the Mental Health Court. Support also includes co-occurring therapies, engagement and transition support services, as well as peer support services. Recommendation: Staff recommends the Board approve the grant contract with New Horizons. The contract will have a retroactive start date of October 1, 2009, and New Horizons shall be reimbursed for services rendered since this date. CONTRACT THIS CONTRACT, made this 1' day of October, 2009, between ST. LUCIE COUNTY. a political subdivision of the State of Florida, hereinafter called the'COUNTY', and NEW HORIZONS OF THE TREASURE COAST, their successors, executors, administrators, and assigns hereinafter called the "CONTRACTOR". WITNESSETH : WHEREAS, the County desires to retain the services of the Contractor to provide services and support to defendants with mental health and/or co-occurring issues who would otherwise be incarcerated in the St. Lucie County Jail through St. Lucie County's mental health court and the County has received funds pursuant to an implementation grant through DCF; and WHEREAS, the Contractor desires to provide the County with such clinical services and otherwise be bound by the conditions of the Grant; except as to the provisions relating to the responsibility for data collection, monitoring, and other reporting responsibilities of the Grant; and NOW. THEREFORE, in consideration of their mutual promises made herein, and for other good and valuable consideration, receipt of which is hereby acknowledged by each party, the parties intending to be legally bound, hereby agree as follows: 1. PURPOSE That Contractor agrees with County, for the consideration herein mentioned, at his, its or their own proper cost and expense to furnish the labor necessary to carry out the clinical portion of this Contract in the manner and to the full extent as set forth in the Contract documents and pursuant to the Memorandum of Understanding For Implementation Grant (and attachments thereto) dated 4/10/08 (a copy of which is attached hereto and made a part hereof), and to the satisfaction of the duly authorized representatives of St. Lucie County, who shall have at all times full opportunity to inspect the materials to be furnished and the Work to be done under this Contract. 2. GENERAL DESCRIPTION OF WORK It is agreed that the clinical services provided under this Contract shall be done by professionals/paraprofessionals to assist with Mental Health Court more specifically as set forth in the Summary attached hereto and made a part hereof. Any conflict between the terms and conditions of the Summary and the terms and conditions of this Contract, shall be interpreted in favor of this Contract. 3. PROJECT MANAGER 1 The Project Manager for the County is Mark Godwin at (772) 462-1441. The Project Manager for the Contractor is Julie Dolan at (772) 468-4079. The parties shall direct all matters arising in connection with the performance of this Contract, other than notices, to the attention of the Project Managers for attempted resolution or action. Except Os otherwise provided for in this Contract, the Project Managers shall be responsible for overall resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this Contract The Project Manager, however, has no authority to approve or execute Change Order Work. 4. TERM The term of this Contract shall start on October 1, 2009 and terminate on September 30, 2010. 5. CONTRACT DOCUMENTS The Contract Documents which comprise the Contract between the County and the Contractor are attached hereto and made part hereof and consist of the following. - A. This Contract, consisting of pages 1 through 13 inclusive. B. Position Descriptions (3) C. Insurance Certificates which shall be provided by the Contractor, along with the return of an executed copy of this Contract. D. Any Modifications, including change orders, duly delivered after execution of this Contract. Except for duly authorized and executed Modifications including but not limited to change orders and contract amendments, any conflict between the terms and conditions of this Contract and the terms and conditions of any of the other contract documents shall be interpreted in favor of this Contract. 6. REPORTS AND RECORDS A. The Contractor shall maintain during the term of this Contract, all books of account, reports, and records customarily used in this type of operation and such records as are necessary to document its activities pursuant to this Contract. The form of all such records and reports shall be subject to the approval of the Contract Manager or his designee prior to commencement of operations, and subsequent recommendations for changes, additions, or deletions. B. All records of the Contractor necessary to verify the report set forth herein and/or as required in paragraph 9 of the Memorandum of Understanding shall be available to the Contract Manager or his designee and the County's auditors at a reasonable location inSt. Lucie County. Florida, for a period of six years after the starting date of this Contract. 2 7. SERVICES AND CONTRACT PAYMENT The Contractor shall provide services specifically described by each professional attached in the Position Descriptions attached hereto. The professionals/paraprofessionals shall be assigned solely to the St. Lucie County Mental Health Court and will have overall responsibility relevant to coordinating treatment and services for Mental Health Court participants. This will include working with individual mental health court participants and with other mental health providers and providing regular updates to the Mental Health Court Judge. A comprehensive mental health clinical needs assessment will be completed for participants and an individually tailored treatment plan developed based on strengths, needs, abilities, and preferences. Services and supports inc co-occurring therapies, engagement and transition support services, as well as peer support services will be provided. The goal will be to assist participants to be fully integrated as successful citizens in our community and to implement and increase the effectiveness of mental health and substance abuse services and treatment. The professionals shall support the Defendants' continued recovery and strive to meet the goals and objectives of the Mental Health Court. (See attached position descriptions for a detailed list of duties and responsibilities of the Contractors employees/contractors). The County shall reimburse Contractor for the services as follows (payable quarterly): $4,500 per month for services of the LMHC/CAP; $3,375 per month for services of the Services Engagement Case Manager; and $3,375 per month for services of the Community Transition Manager; $899.67 per month for services of a Peer Specialist: and $899.67 per month for services of a Peer Specialist. This total cost shall include all taxes, FICA, Medicare, FUTA, insurance and/or other compensation or benefits for the Contractor's employees or independent contractors. Payment shall be made on a quarterly basis for each month that the position is filled and in the event the position is vacant, the payment shall be made pro rata. The Contractor shall submit quarterly invoices to the County in sufficient detail for both pre -audit and post -audit purposes. The first payment shall be due within thirty (30) days of the date This Contract is approved by both parties. The remaining payments shall be due each quarter thereafter, as specifically provided herein. The Co shall pay the Contractor through payments issued by the County Finance Department in accordance with the Florida Prompt Payment Act of the Florida Statutes, Section 218.70. Upon receipt of the certified invoice ft om the County Project Manager. The parties agree, however, that any payments withheld as liquidated damages or for any other reason allowed by this Contract, shall not be governed by the Florida Prompt Payment Act. k 8. REIMBURSEMENT The intent is for the professionals/paraprofessionals to provide mental health services to uninsured or underinsured Mental Health Court participants. The Mental Health Court participants will be assisted in promptly applying or reapplying for benefits. In the event participants are eligible or become eligible for benefits, any retroactive and prospective reimbursement for services provided will be diligently sought. Upon receipt of payment from a third party or other payer source, reimbursement — less 12% administrative fee to the Contractor - shall be credited to the County. The Contractor will provide to the County a quarterly report detailing any anticipated or received reimbursements. 9. OFFICE SPACE. RENT UTILITIES. & EQUIPMENT The County shall provide sufficient office space @ 1664 SE Walton Road, Port St Lucie, FL 34952, with modest furnishings (low -end desk, chair, file cabinet, up to $1,100 each) for each of the five professionals/paraprofessionals under this contract. The LMHC & 2 case managers shall be provided dedicated wireless laptop computers and cell phones to be used in their daily activities and the County shall furnish & be responsible for the upkeep and maintenances well as any monthly access &/or usage fees, together with any office supplies needed to perform his/her duties. 10. OTHER EXPENSES An incidental expense account up to $2,400 annually will be established for such items as outlined in the grant (i.e. unanticipated emergencies, basic food, clothing, medical services &/or transportation). This account will be maintained by the LMHC/Program Manager in sufficient detail for both pre -audit and post -audit purposes. Whenever possible, decisions about expenses will be made conjointly with the Mental Health Court Team. The LMHC/Program Manger may make independent decisions in emergencies but every effort will be made to include other members of the Mental Health Court Team in those decisions. 11. LOCAL TRAVEL In addition to the quarterly payments in paragraph 7, the County shall reimburse Contractor the local travel expenses incurred by the professionals/paraprofessionals up to 300 miles per week (not exceeding .445 per mile), due and payable quarterly. Travel to and from home to the workplace(s) is not reimbursable. 12. PUBLIC CONTACT OP CONTRACTOR'S EMPLOYEES C! Contractor's employees or independent contractors in contact with the public shall perform their duties in an efficient and courteous mannetrator. or his designee demand his independent contractor to do so shall be grounds for the County Administrator or her removal from duties. All professionals, with the exception of the project manager shall be appropriately attired so as to be distinguishable as the Contractor's employees. 13. HIPAA Contractor and its employees or independent contractors t Title 42 of the Code of Federal Regulations, which governs the confidentiality of client records and recipients of this information may re -disclose it only in connection with their official duties. 14. SUBCONTRACTORS In the event Contractor requires the services of any contrctor or athe Contractor Ional shnll associate secure in connection with the Work to be performed under this Contract the written approval of the County Project Manager before engaging such contractor or professional associate. 15. AUDIT The Contractor agrees that the County or any of its duly authorized representatives shall, until the expiration of six years after expenditure of funds under this Contract, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Contractor involving transactions related to this Contract. The Contractor agrees that payment(s) made under this Contract shall be subject to reduction for amounts charged thereto which are found on the basis of audit examination not to constitute allowable costs under this Contract. The Contractor shall refund by check payable to the County the amount of such reduction of payments. All required records shall be maintained until an audit is completed and all questions arising there from are resolved, or three years after completion of the project and issuance of the final certificate, whichever is sooner. 16. PUBLIC RECORDS The Contractor shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Contractor in conjunction with this Contract. 17. CONTRACTOR RESPONSIBILITY The Contractor is an independent contractor and is not an employee or agent of the County. Nothing in this Contract shall be interpreted to establish any relationship other than that of an independent contractor, between the County and the Contractor, its employees, agents, subcontractors, or assigns, during or after the performance of this Contract The Contractor 5 shall toke the whole responsibility for the means, methods, techniques, sequences, and production of the Work. The Contractor shall bear all losses resulting to him, or its, on account of the amount or character of the Work, in or on which the Work is done is different from what was assumed or expected, including, but not limited to hurricanes, or because of errors or omissions in his or its bid on the Contract price, or except as otherwise provided in the Contract documents because of any other causes whatsoever. Execution of this Contract by the Contractor is a representation that the Contractor has become familiar with the local conditions under which the Work is to be performed, and correlated personal observations with the requirements of the Contract Documents. Neither the County nor its officers, employees or agents assume any responsibility for collection of indemnities or damages from any person or persons causing injury to the Work or equipment of the Contractor. The Contractor assumes all risk of loss, damage and destruction to all of his or its materials, tools appliances and property of every description and that of his or its subcontractors and of their respective employees or agents, and injury to or death of the Contractor, his or its employees, subcontractors or their respective employees or agents, including legal fees, court costs or other legal expenses, arising out of or in connection with the performance of this Contract. 18. PERMITS AND LICENSES Contractor shall obtain, at its own expense, all permits and licenses required by law or ordinance and maintain same in full force and effect. 19. INDEMNITY Contractor agrees to pay of behalf of, protect, defend, reimburse, indemnify and hold the County, its agents, employees, elected officers and representatives and each of them, (hereinafter collectively and for the purposes of this paragraph, referred to as County"), free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages, including attorney's fees, and causes of action of every kind and character against County by reason of any damage to property or the environment, or bodily injury (including death) incurred or sustained by any party hereto, or of any party acquiring any interest hereunder, any agent or employee of any party hereto or of any party acquiring an interest hereunder, and any third or other party whomsoever, or any governmental agency, arising out of or in incident to or in connection with Contractors performance under this Contract, the condition of the premises, Contractor's acts, or omissions or operations hereunder, or the performance, non-performance or purported performance of the Contractor of any breach of the terms of this Contract; provided however that Contractor shall not be responsible to County for damages resulting out of bodily injury or damages to property which Contractor can establish as being attributable to the sole negligence of County, its respective agents, servants, employees or officers. on Contractor further agrees to pay on behalf of and hold harmless and indemnify County for any fines, citations, court judgments, insurance claims, restoration costs or other liability resulting from its activities, whether or not Contractor was negligent or even knowledgeable of any events precipitating a claim or arising as a result of any situation involving Contractors activities. Contractor recognizes the broad nature of this indemnification and hold harmless clause and voluntarily makes this covenant. This indemnification and hold harmless survives acceptance of the Work. This clause of the Contract will extend beyond -the term of the Contract for a period of ten (10) years after the date of the acceptance of the Work by the County. 20. INSURANCE Commercial General Liability: Property Liability and Professional Services Liability The Contractor shall maintain and, prior to commencement of this contract, provide the County with evidence of commercial general liability, property liability and professional services liability insurance to include: A. All Risk Property Insurance: One million dollars ($1,000,000.00) per occurrence and one million dollars ($1,000,000.00) in the aggregate. Full replacement value is required and B. Commercial General and Property Liability and Professional Services Liability. One million dollars ($1,000,000.00) per occurrence and three million dollars ($3,000,000.00) in the aggregate. The policies shall also provide the County be given a thirty (30) day written notice of cancellation or non -renewal and include the County as an additional named insured. Business Automobile Liability: The Contractor shall maintain and, prior to commencement of this contract, provide the County with evidence of business automobile liability insurance to include: 1) coverage for any automobile for limits of not less than $1,000,000 combined single limit (bodily injury d property damage) per accident and 2) Personal Injury Protection (Florida no-fault) with full statutory limits. The policy shall also provide the County will be given a thirty (30) day written notice of cancellation or non- renewal and include County as an additional insured. Workers' Compensation and Employers Liability: The Contractor shall maintain and, prior to commence of this contract, provide the County with evidence of workers' compensation insurance providing Florida statutory (F.S. 440) limits to cover all employees and include Employers Liability coverage with limits of not less than $1,000,000 for accidents or disease, The policy shall also provide the County will be given a thirty (30) day written notice of cancellation or non -renewal. 21. DEFAULT TERMINATION A. FOR CAUSE If the Contractor fails to fulfill its obligations under this Contract in a timely and proper manner, the County shall have the right, but not the obligation, to terminate this Contract by giving written notice of any deficiency and by allowing the party in default seven (7) calendar days to correct the deficiency. If the Contractor fails to correct the deficiency within the seven calendar day period, this Contract shall terminate at the expiration of that time period. With regard to the Contractor, the following items shall be considered a default under this Contract: (1) If the Contractor should be adjudged bankrupt, or if he, or it, should make a general assignment for the benefit of his, or its, creditors, or if a receiver should be appointed on account of his, or its, insolvency. (2) If the Contractor should refuse or fail to supply enough employees or proper material to meet the demands or if the Contractor should fail to make prompt payment for materials, or labor or other services entering into the Work. (3) If the Contractor disregards laws, ordinances, or the instructions of the Project Manager or otherwise be guilty of a substantial violation of the provisions of the Contract. (4) Fails to perform any of the terms of this Contract or performs work which fails to conform to the requirements of this Contract. (5) Notwithstanding the foregoing and as supplemental and additional means of termination of this Contract under this section, in the event that Contractors record of performance shows 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 lost of said cumulative defaults, shall be grounds for immediate termination of this Contract. In the event of any such subsequent default, County may terminate this Contract upon the giving of written final notice to Contractor, such cancellation to be effective upon the fifteenth consecutive calendar day 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 Contract. and (6) (In the event of the aforesaid events specified in sections (1), (2), (3). (4), (5), hereof and except as otherwise provided therein, termination shall be effective upon the date specified in County's written notice to Contractor and upon said date this Contract shall be deemed immediately terminated and upon such termination all liability of the County under this Contract to Contractor shall cease, and the County shall be free to negotiate with other contractors for the operation of the herein specified services. For failure to perform, Contractor shall reimburse the County all direct and indirect costs of providing interim service. B. Contractor recognizes that the failure on the part of Contractor to comply with the terms of this Contract is likely to cause irreparable damage to the County and damages at law would be an inadequate remedy. Therefore, Contractor agrees that in the event of a breach or threatened breach of any of the terms of the Contract by 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 remedies or rights which the County may otherwise have by virtue of any breach of this Contract by Contractor. The County shall be entitled to seek injunctive relief without the posting of any bond or security to obtain the entry of temporary and permanent injunctions and order of specific performance enforcing the provisions of this Contract. The County shall also be able to seek injunctive relief to prohibit any act or omission by Contractor or its employees that constitutes a violation of any applicable law, is dishonest or misleading. 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 Contractor of this Contract. C. WITHOUT CAUSE The County or the Contractor may terminate the Contract without cause at any time upon thirty (30) calendar days prior written notice to the other party. Upon such termination, the Contractor waives any claims for damages from the termination without cause including, without limitation, any and all consequential claims as set forth above, and as the sole right and remedy of the Contractor, the County shall compensate the Contractor for all authorized Work satisfactorily and responsibly completed through the termination date. E 22. PROHIBITION AGAINST CONTINGENT FEES The Contractor warrants that it has not employed or retained any company or person, other than a bonafide employee working solely for the Contractor, to solicit or secure this Contract, and that he has not paid or agreed to pay any persons, company corporation, individual or firm, other than a bonafide employee working solely for the Contractor, any fee, commission, percentage, gift or any other consideration, contingent upon or resulting from the award of making this Contract. 23. NON DISCRIMINATION Contractor covenants and agrees that the Contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of the Contract with respect to hiring, tenure, terms, conditions or privileges of employment, or any matter directly or indirectly related to employment because of age, sex or physical handicaps (except where based on a bonafide occupational qualification); or because of marital status, race, color, religion, national origin or ancestry. 24. VERIFICATION OF EMPLOYMENT STATUS The County will not intentionally award contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions of the Immigration and Nationality Act ("INA"). The County shall consider the employment by the Contractor of unauthorized aliens a violation of 8 U.S.C. Section 1324a (e) [ 274A (e) of the INA. The Contractor agrees that such violation by the Contractor shall be grounds for the unilateral cancellation of this Contract by the County. 25. ASSIGNMENT No assignment of this Contract or any right occurring under this Contract shall be made in whole or in part by Contractor without the express written consent of the Board. Assignment shall include any transfer of 20% or more of stock or control in Contractor. The Assignment shall also include the failure of the Contractor's Project Manager to continue to actively participate in either this Contractor the Company. The County shall have full discretion to approve or deny, with or without cause, any proposed assignment or assignment by Contractor. Any assignment of this Contract made by Contractor without the express written consent of the County shall be null and void and shall be grounds of the County to declare a default of this Contract, and immediately terminate this Contract by giving written notice to Contractor, and upon the date of such notice this Contract shall be deemed immediately terminated, and upon such termination all liability of the County under this Contract to Contractor shall cease and Contractor shall be deemed to have failed to perform its obligations under this Contract, and County shall have the right to require performance or indemnification from any surety and shall be free to negotiate with other contractors or any other person or company to provide service to the County Urban Service Area. 10 In the event of any assignment with the consent of County, the assignee shall fully assume all the liabilities of Contractor, provided, however, that such assignment and assumption shall not relieve Contractor of any liability or responsibility under this Contract. 26. NOTICES All notices, requests, consents, and other communications required or permitted under this Contract shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier -service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to; As To County: St. Lucie County Administrator Administration Annex 2300 Virginia Avenue Ft. Pierce, FL 34982 As To Contractor: New Horizons of the Treasure Coast 4500 W. Midway Rood Ft. Pierce, FL 34981 With a Copy To: St. Lucie County Attorney Administration Annex 2300 Virginia Avenue Ft. Pierce, FL 34982 Or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable as the case may be, if mailed. 27. NON -WAIVER The rights of the parties under this Contract shall be cumulative and the failure of either party to exercise properly any rights given hereunder shall not operate to forfeit any of the said rights. 28. CONFLICT OF INTEREST The Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Section 112.311, Florida 5tatutes (2009) and as may be amended from time to time. The Contractor further represents that no person having any interest shall be employed for said performance. 11 The Contractor 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 Contractor'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 Contractor 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 Contractor. The County agrees to notify the Contractor of its opinion by certified mail within thirty (30) days of receipt of notification by the Contractor. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Contractor, the County shall so state in the notification and the Contractor 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 Contractor under the terms of this Contract. 29. DISPUTE RESOLUTION Any disputes relating to interpretation of the terms of this Contact or a question of fact or arising under this Contract shall be resolved through good faith efforts upon the part of the Contractor and the County or its Project Manager. At all times; the Contractor shall carry on the work and maintain its progress schedule in accordance with the requirements of the Contract and the determination of the County or its representatives, pending a final resolution of the dispute, including, if necessary, any determination by a Court of competent jurisdiction. Any dispute which is not resolved by mutual agreement shall be decided by the County Administrator 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, and so grossly erroneous as to necessarily imply bad faith, or not be supported by substantial evidence. 30. MEDIATION Prior to initiating any litigation concerning this Contract, 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 mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue; 12 31. INTERPRETATION VENUE This Contract 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 Contract may only be amended by written document, Contract shall be interpretedly authorized, executed and delivered by both parties hereto. This as a whole unit (including but not limited to the intent and purposes set forth in the attached memorandum of understanding) 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 Contract, venue shall be exclusively in the Nineteenth Judicial Circuit for St Lucie Courtly, Florida, for claims under state law and the Southern District of Florida for any claims which are justifiable in federal court. 32. MEMORANDUM OF UNDERSTANDING FOR IMPLEMENTATION GRANT The Memorandum of Understanding for Implementation Grant doted April 10, 2008 is incorporated herein and made a part hereof. In the event of a conflict with this Contract and the MOU, the intents and purposes of the MQU shall prevail and supersede the terms herein. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Contract in counterparts each of which shall be treated as an original upon the terms and conditions above stated. ATTEST: CLERK WITNESSES: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY NEW HORIZONS OF THE TREASURE COAST BY: Print Name: Title: 13 TO: SUBMITTED BY: SUBJECT: BACKGROUND: ITEM NO. DATE: AGENDA REQUEST REGULAR BOARD OF COUNTY COMMISSIONERS Environmental Resources Department Environmental Regulations Division VI—Cl 12/08/09 PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) PRESENTED BY: Amy Mott, Environmental Regulations Manager University of South Florida Contract for a Wetlands Inventory and Evaluation Study See attached memorandum. FUNDS AVAILABLE: $5,000 $20,000 ERD Regulations ERD Administration 102-3920-531000-300 001-3921-531000-300 $20,000 Growth Management 001-15101-531000-100 $40,000 Mosquito Control 145-6230-531000-600 PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of a contract with the University of South Florida, as outlined in the attached memorandum, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: (X) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA Approved 5.0 County Administrator Coordination/Signatures OMB Director/ County Attorney (✓) Budget Analyst Marie Gouin/ Dan McIntyre TaWonna Johnson Purchasing (�) Originating Dept. K Smith Melissa Simberlund Growth Mngt. (y Mosquito Control (�) Jim David Mark Satterlee Environmental Resources MEMORANDUM TO: Board of County Commissioners THROUGH: Karen Smith, Environmental Resources DirectoK�c FROM: Amy Mott, Environmental Regulations Manager DATE: December 8, 2009 SUBJECT: University of South Florida Contract for a Wetlands Inventory and Evaluation Study ITEM NO. VI-C1 Background: St. Lucie County has requested that the University of South Florida (USF) conduct a Wetland Inventory and Evaluation Study. The objectives of the Wetland Inventory and Evaluation Study are to provide up-to-date information on the status of wetlands in the County and to make recommendations for wetland protection and functional enhancement and revisions to the Comprehensive Plan and Land Development Code. Specifically, USF will: (1) develop a GIS tool to assist County staff engaged in wetland protection and evaluation of proposed impacts; (2) assess the geographic extent and distribution of wetland types in St. Lucie County and the functions they perform; (3) assess the level of regulatory protection afforded to these wetland types through current regulations; and (4) develop recommendations for improving the existing Comprehensive Plan and Land Development Code to clarify and/or improve wetland protections in the County. The total proposed budget is $84,655 and will be cost shared among the Growth Management, Mosquito Control and Environmental Resources Departments. The project is scheduled to be completed in eight months. Recommendation: Board approval of a contract with University of South Florida as outlined in this memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. AGENDA REQUEST ITEM NO. VI-C2 DATE: 12/08/09 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT ( X.) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED ette NTED BY: Alger SUBMITTED BY: Environmental Resources Department, Environmental Planning Coordinator Environmental Regulations Division SUBJECT: Palm Breezes Club Landscaping Improvement Agreement BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A January 15, 2002 — BOCC approval of Preliminary Planned Unit Development January 20, 2004 — BOCC approval of 12-month extension June 19, 2007 - BOCC approval of Subdivision Improvement Agreement February 12, 2008 BOCC approval of release of the original bond and acceptance of bond from National Union Fire Insurance Company. PREVIOUS ACTION: x Homes, RECOMMENDATION: Board approval of thel'Planned UniImprovement t Developmentgreement ,. in theeamount of developers of the Palm Breezes Club $12,191.40 and authorization for the Chairman to sign the Agreement as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: UC) APPROVED ( ) DENIED �—� ( ) OTHER Faye W. Outlaw, MPA Approved 5-0 County Administrator Coordination/Signatures County Attorney ( ) OMB Director ( ) Budget Analyst —A--LT onna Johnson/ Dan McIntyre Marie Gouin Originating Dept. ( ) Finance ( ) Shai rancis Ka Smith Growth ( ) Management Mark Satterlee County Surveyor ( ) Ron Harris n Environmental Resources Department MEMORANDUM TO: Board of County Commissioners THROUGH: Karen Smith, Environmental Resources Department Directoo FROM: Yvette Alger, Environmental Planning Coordinator DATE: December 8, 2009 SUBJECT: Palm Breezes Club Landscaping Improvement Agreement ITEM NO. VI-C2 Backaround: Centex Homes, developers of the Palm Breezes Club (also known as Morningside) Planned Unit Development, is required to install littoral landscaping as part of the approved site development plans. The developer has submitted an approved Improvement Agreement covering the cost of littoral landscaping. The required surety of $12,191.40 has been provided to the Public Works Department, through modification of the Engineer's Estimate of Probable Cost associated with the Palm Breezes Phase II Subdivision Improvement Agreement. The original bond amount will remain the same. Attached are copies of the following documents: • Landscaping Improvement Agreement • Cost Estimate • Surety in the form of Bond No. 87-90-90 Recommendation: Board approval of the Landscaping Improvement Agreement with Centex Homes, developers of the Palm Breezes Club Planned Unit Development, in the amount of $12,191.40 and authorization for the Chairman to sign the Agreement as approved by the County Attorney. i THI and ST. Florida, LANDSCAPING/MITIGATION IMPROVEMENT AGREEMENT S IMPROVEMENT AGREEMENT, is , 20 , by and between LUCIE COUNTY, a political (the "County"). entered into Centex Homes subdivision W I T N E S E T H: this day of (the "Developer"), of the State of WHEREAS, the Developer intends to commence development on a project in St. Lucie County, Florida, to be known as Palm Breezes Club (the "Project"); and WHEREAS, the St. Lucie County Land Development Code (LDC), Section 11.04.01(B) requires that any site plan shall be subject to the Developer providing assurance that all required improvements shall be satisfactorily constructed according to the approved plan and an Improvement Agreement; and WHEREAS, the LDC requires that the Developer of this Project complete certain landscaping and mitigation improvements; and WHEREAS, the required improvements of the Project are to be installed after approval of a Vegetation Removal Permit or Exemption under the guarantees posted with the County. NOW THEREFORE, in consideration of the intent and desire of the Developer as set forth herein, the Developer and County agree as follows: 1. COMPLETION OF REQUIRED IMPROVEMENTS. The Developer agrees to satisfactorily complete the required improvements (the "Improvements") for the above referenced development within twelve (12) months from approval of a Vegetation Removal Permit or Exemption according to the landscape and mitigation plans approved by the Director of the Environmental Resources Department ("Director"). The Director may extend the time to complete the required improvements for one additional six-month term. If this extension is granted, the term of the bond must also be extended for at least six months. The Improvements are more particularly set forth on those certain littoral planting cost estimate drafted by the Developer's Environmental Consultant, EW Consultants approved on August 27, 2009, or as amended and approved by the Director. The Improvements must then remain alive and in healthy condition as determined by the Director for eighteen months (18) after installation or completion of construction, whichever occurs later. -1- t 2. SECURITY. The Developer, in accordance with the requirements established by the St. Lucie County LDC, agrees to provide the County with security in a form acceptable to the County Attorney in the amount of twelve thousand and one hundred and ninety one dollars and forty cents ($12,191.40), representing 100% of the estimated cost of the Improvements as calculated using Betrock Plant Finder, irrigation, well (if applicable), mulch, and other related landscaping plan items, and approved by the Director. The term of the security shall be effective for at least nineteen months, but in no case shall the term of the security be any less than the identified period of construction for the proposed development or development phase plus eighteen months. 3. FAILURE TO COMPLETE IMPROVEMENTS. It is further understood and agreed by and between the parties to this Agreement that, in the event Improvements are not constructed within twelve (12) months from the date of the approval of a Vegetation Removal Permit or Exemption, or if the Improvements do not remain alive and in healthy condition for the subsequent eighteen (18) months after installation, or upon completion of the construction, the County shall have and is hereby granted the right to cause the Improvements to be made or reinstalled and to use the security provided herewith for payment of all costs and expenses incurred in the construction thereof, including but not limited to, design, materials, installation, legal and contingent costs. 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, the provisions of the LDC or the County -approved plan, as may be amended consistent with applicable County Codes. In the event of Developer's failure or refusal to construct and install the 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. 4. RELEASE OF SECURITY. Upon completion of construction of all Improvements, the Developer's landscape architect shall certify that the improvements have been constructed in accordance with the County -approved plans. When the improvements have been certified by the Developer's landscape architect, the Director or designee shall inspect the improvements. If all Improvements are completed to the satisfaction of the Director or designee, and the Improvements survive for eighteen (18) months after satisfactory -2- installation, or completion of construction, the Director shall confirm this in writing to the St. Lucie County Board of County Commissioners. The Developer's security shall then be released in accordance with Section 11.04.01, LDC. S. 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. aut or Agr ement may executed be amended by written document, properly delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie te law nd County, Florida, for Floridaforlaims anyclaimsewhichaare justiciable e Southern District of c ablein 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: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: CHAIRMAN -3- APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY I WITNESSES: Centex Homes, a Nevada General Partnership- Estate By: Centex Real Corporation, Managing General Partner _ BY: Print Name: Kevin Barkenhagen Title: Vice President of band Development and Entitlement -4- HSQ GROUP, INC. Consulting Engineers • Planners a Transportation 1489 W. Palmetto Park Road, Suite 340 Boca Raton, Florida 33486 (561) 392-0221 Phone . (561) 392-6458 Fax PROJECT NAME: PALM BREEZES CLUB- PHASE TWO PROJECT NO.: 0503-21 PRELIMINARY ENGINEER'S COST ESTIMATES WATER DISTRIBUTION SYSTEM ITEMS Imm DATE: October 21, 2009 LF 2,435 $10 00 $24 350 00 W l 4 PVC WM C 900 —V-- 77 7ors— r ° —ter i3S0 553905 50 - 217,686.00 N!3 8' PVC WM C-900 LF 10,368 $21 00 $ "k -YY4y �_.6)4.' y^T _ T..fK'w_l _eti.'%.:.f ...�s—.v.ca.•.rw., v.ur.�...�E��—___ FIRE HYDRANTS EA 19 $3 00.I $57 000 -00 '. �,.-�•s��—'-�-• r ,r � -'7' .t, �. `r•=' �,..�_9�s _.�����...,xss1'�`�,�56300`0�. — �`�"'"`s`'-�- 13 580000 $10400.00 W7 6 GATE VALVE 1 r �-> � , S�s .+ � S titi 8 GATE r �' ' „'r� —�— �•�"` •�`"-y� 4 $1 600 00 $6 400 00 yyjp 4s'�..... r t �r a� @.4 r -. w•d.-s:. t. 194 $665 00 $129 010 00 W11 DOUBLE SERVICE E Ng'f425D0„ W12 sSAMP G�POINiS • § �x Y x was_, x W13 2' BLOW OFF EA 3 $1,200.00 $3,600.00 SUBTOTAL $610,315.50 SEWER DISTRIBUTION SYSTEM ITEMS LF 15,072 $22.00 $331 584 00 Sl BPVC SAN SEWER SDR 35 y 7.�f"i S3-..00 004 ' S2- "r„e a=S B..DIPdF,.C-150ya}�y, F.�,. a� �*iExr.,� �._•.=� _-:�-,.�,�'a.�`eie"' - �:o.-c.A�a sm v LF 434 $30 00 $13 020.00 DA t r Y 00 50.00 EA 7 $3 900 00 $27 300.D0 DROP MANHOLE „ � ,��x - - -' EA 44 $650 00 $26 600 00 57 SINGLE SERVICE L„-. . $�156 ---750, S 3; � -.� a f %209` —5 750;00 a �z 56_=� -R r. a c EA `s i- c Fe0 Sg �x "� DOUBLE.SERVICE s..� SUBTOTAL $940,715.OD DRAINAGE SYSTEM ITEMS D1 18' RCP LF 3207 $38 00 $121 866 00 r 00 -- ----- D3 18" HDPE LF 137 $40 00 $5 480 00 " DS .. 24" CAP LF t153 $50 00 $7 650 00 '. LF 1269 546 00 4 S58 374 00'i nRCP _ �...._.._.�,� ��.,._••,_� ...�_... . ._=,..�ra�.,:. _,. ,., ._.: D7 36"CAP LF 120 $55 00 $6 600 00 r s•r tF - s3a Sss oo sso710 00 •- ..�-- D9 48" CAP LF 40 $75 00 $3 000 00 214 5130 00 $27 820 00 {_ D1D 29 X45 ER4P� r , �. _ ate....._:�� ..____ �d _ �:• .�_� D11 INLET 4 DIA. W/USF 4155.6210 �` 34 $3,900.00 $132,600.00 -4u$3 900 0p. �� $ 51 60b 00 D13 INLET 5' DIA. W/ USF 4155-6210 EA 2 $4 300 00 $B 600 00 -�•�-- -•-._ sS - Q1� INLEY.5 DI/1�25C0 s -� �, ,a;;.•, - EA 1 ' S4 300 00 '� 54 3�� Di5 INLET 6 DIA W/USF 4155 6210 EA 2 $4 550 00 $9100 00 .., _^ • EA ¢ $b00 OO M s- ,$22 000 DD 5 e D16„ �v 2 $7,000.00 $14,000.00 D17 CONTROL STRUCTURE E° 018 IMPERMEABLE BARRIER LF 2400 $20.00 $48,000.00 SUBTOTAL $626,475.00 PAVEMENT / MISC. ITEMS Sy 39923 $15 00 $596 845 00 P1 1 1/2 ASPHALTIC CONCRETE �r -• �5800.�•- �r� �y335"3�44 00 P2•� 4 a-8 LIMEROClCBASE� � �' „_:.,:a+� w•:,...-¢..�=3_.:•ss�-s.•z�.�s.•s^.;n- .. -•- `'y RY 43.914 $2.50 $109,786.00 _._..... ......, -.oinunc Lb Iv _ --- - LANDSCAPE ITEMS L1 CHRISTMAS PALM EA 10 §175 00 §1 750 00 .._L2-BOUGAINVILLEA -�--~ EA 6 §42 00 $252.00 L4 flED SISTER?I -- -" 00 $210 00 L5 PURPLE CRINUM LILY EA 6 §35 L7 EAST PALATKA HOLLY EA 483 5325 00 $156 975 00 LB SOUTHERN RED CEDAR -- . --_ -_ LIVET EA 16 $16000 $2,560.00 9 JAPANESEPR _ LJTTLE GEM:MAGNOLIA EA 4 .S?5� St 0� 00= ---. EA 9 §75 DO $675.00 L11 PINK OLEANDER -- z L13 SLASH PINE EA 386 §200 00 §77 200.00 17 - L15 LNE OAK EA 497 §345 00 $171 465 00 �16 $ABAL PALM ti EA a f� 11:7 ^ 5120 DO-7$14 040 00 - 12 $225 00 $2 700 00 L17 QUEEN PALM E'�' Eq 2; 3190 00 v r 5380 00. �: L19 PINK TRUMPET TREE EA 3 $300 00 $9D0 00O -s �- - sY�L2p` 5726 00: L21 _ .. SHELL GINGER EA 13 $14 00 1 $182 00 �3M- � V$2 50,�. � �� 5905.00ti W $9 00 $99 00 L23 DWARF RED POWDER — - '' � 136 $315 Y $429 40 L25 DWARF CROWN OF THORNS _ � - ��5 �..:..°�: 80 GREENI$LANO F1CUS, ,�� �� r •-fie ,� - - .; .._._�..--- °.7 s 16 $7.50 $120 00 L27 FIREBUSH EA �F � �a . c §2128 00- i .DWARF•YAUPON L29 PARSONS JUNIPER EA 251 $7 00 $1 757.00 -•a-,�, ,'^"�'---•=gin-,.--...-�w�-� 7�'�" "`-y'"ea'_T" �' `'a`x �� I GATEDl]RIOPE'� ? v j 44 EA - 359 x b300' . c _ :.kS107700 L30-*,r.�„ �' -- r• � r.�......<,.�_,.:�:z..�....._..�.as...=_.�..,_a��::.,�..5.�..v�.s,:�s_. _-.zw-_ ,s z..�.�.:� .a $171 00 L 31 MUHLEY GRASS EA 57 $3 00 �� r-•�-� --.r' ?,-.��-z---'-'?`^ jr.•'-�" �s_ -r'�'• t-----ate+ f174 �._aCEPINK'OIFANDER�: 5600,, - FAA 127 $7 00 $889 00 L.33 MACHO FERN EA a L35 PODOCARPUS COLUMN �_ •^� �� 3 $15KA�0.00-, �$ 45D 00 :a--•ate>'---^a 3•.-..vts'^�' � n a ` _ EIC a- 77 � S9 �_ , `' S753 00^ L36 DWARFPODOCARPUS o .e�. _.,��y�s. �•-,�,;_„.,a��.�-..�.� -_�.-"-_--�`-` L L.37 WILD COFFEE EA .�--- �F-�-$=7 °°� $,� 00, s -^". -� ' •--•' °,`.'_",-.� -,..T.------�,' ESA ' 241 $650 _ Si 566_50F -�-.. - L39 DWARF SCHEFFLERA EA 67 $6 50 $435 50 440 SAN ERAS - EA �. d= 3 6 0 �5282 00. S 15 $424 35 EA 69 §6 L41 FAKAHATCHEE GRASS 6 f,,,_, L423`; � :FLORIDA GAMA GRASS ���>,. �- �-,,",.;^ _.�..,� �•_.� s �.*.:;.s.�..1.-..,.:d_ SB D0: _ ,.Y � - - �"-� $35 00 $1 575 00 L43 AWABUKI � r~'L44 ' 4 WALTER.S VIBU�R�UM� � -�;,�s-..`.�,wa„�r " T :�-'�� �,• '= -- - _..,...._...aa . ,a� - MULCH EA 2,866 $3.50 $10,031.00 L45 SUBTOTAL $637,138.95 TOTAL ALL ITEMS $4,885,098.45 Contingency (15%) $718,744.66 TOTAL BOND AMOUNT: $5,603,843.11 The cost estimate above 1was prepared by HSO Group, Inc. 7 Jay Huebner, P.E. Florida Registration Number 54615 This Bond Replaces and Supersedes Federal Insurance Company Bond # 8206-75-16. effective December 28, 2OU7. SUBDIVISION BOND Bond No. 87-90-90 KNOW ALL MEN BY THESE PRESENTS, that we Centex Homes, a Nevada General Partnership as Principal, and National Union Fire Insurance Company of Pittsburgh PA authorized to do business in the State of Florida , as Surety, an held and Firmly bound unto St. Lucie County, FL as Obligee, in the penal sum of Five Million Six Hundred Three Thousand Eight Hundred Forty-three Dollars And Eleven Cents ($5,603,843.11 ) DOLLARS, lawful money of the United States of America, for the payment of which well and truly to be trade, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Centex Homes, a Nevada General Partnership has agreed to construct in Palm Breeze, Phase 2, Plat 2 the following improvements: Subdivision improvements NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall construct, or have constructed) the improvements herein described and shall save the Obligee harmless from any loss, cost or damage by reason of its failure to complete said work, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed, sealed and dated this 28th day of S-365WGE 2MG December 2007 Centex Homes, a Nevada General Partnership Principal Ely: National Union Fire Insurance Company of Pittsburgh, PA By&X�A,V �1. Atlom�y�n-Fau AN# w-ole veins, XOP POWER ©F'ATTOR-NEY ho AGENDA REQUEST ITEM NO. VI-C3 DATE: 12/08/09 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Yvette Alger `tA SUBMITTED BY: Environmental Resources Department, Environmental Planning Environmental Regulations Division Coordinator SUBJECT: SL 2617 Fox Telecommunication Tower Landscaping Improvement Agreement BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: September 11, 2009 — Growth Management Department approved a Minor Site Plan for the construction ,of a 135 foot tall monopole telecommunication tower. RECOMMENDATION: Board approval of the Landscaping Improvement Agreement with PJ Development, LLC, developer of the SL 2617 Fox Telecommunication Tower, in the amount of $12,880.00 and authorization for the Chairman to sign the Agreement as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: (� APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney ( ) OMB Director ( ) M Budget Analyst � I l Dan McIntyre Tawonna Johnson/ Marie Gouin Originating Dept. ( ) �i �Smith Growth Management Mark Satterlee Finance ( ) S rancis Environmental Resources Department MEMORANDUM TO: Board of County Commissioners , / THROUGH: Karen Smith, Environmental Resources Department Director`(S FROM: Yvette Alger, Environmental Planning Coordinator Y A DATE: December 8, 2009 SUBJECT: SL 2617 Fox Telecommunication Tower Landscaping Improvement Agreement ITEM NO. VI-C3 Backaround: PJ Development, LLC, developer of the SL 2617 Fox Telecommunication Tower, is required to install landscaping and tree mitigation as part of the approved site development plans. The developer has submitted an Improvement Agreement covering the cost of landscaping, as required per Condition of Approval #7 of the Minor Site Plan approval (GM Order 09-012). The required surety of $12,880.00 has been provided to the Environmental Resources Department. Attached are copies of the following documents: • Landscaping Improvement Agreement • Cost Estimate • Surety in the form of Bond No. 3339322 Recommendation: Board approval of the Landscaping Improvement Agreement with PJ Development, LLC, developer of the SL 2617 Fox Telecommunication Tower, in the amount of $12,880.00 and authorization for the Chairman to sign the Agreement as approved by the County Attorney. LANDSCAPING/MITIGATION IMPROVEMENT AGREEMENT is entered into this day of THIS IMPROVEMENT AGREEMENT, LLC (the 20_, by and between PJ Development, �' and ST. LUCIE COUNTY, a political subdivision of the "Developer"), ), State of Florida, (the "County"). W I T N E S E T H: WHEREAS, the Developer intends to commence development on a project in St. Lucie .County, Florida, to be known as SL 2617 Fox Telecommunication Tower (the "Project"); and WHEREAS, the St. Lucie County Land Development ve shalltbe ode (L tCto Section 11.04.01(B) requires that any site p the Developer providing assurance that all required improvements plan shall.be satisfactorily constructed according to the approved and an Improvement Agreement; and WHEREAS, the LDC requires that the Developer of this Project complete certain landscaping and mitigation improvements; and ments of the Project are to be WHEREAS. the required improve installed after approval of a Vegetation Removal Permit or Exemption under the guarantees posted with the County. NOW THEREFORE, in consideration of the intent and desire of the Developer asset forth.herein, the Developer and County agree as follows: oper . 1. COMPLETION OF REQUIRED IMPROVEMEred improvementsNTS% The (the agrees to satisfactorily complete the requ "Improvements") for the above ofefaer nced Vegetation development Remov l within Permit for (12) months .from approval Exemption according to the landscape and mitigation plans approved he ent by the Director of tEnvironmental ex end the Rti me to scomplete m the ("Director"). The Director may required improvements for one additional of the bond must tal-so rbe extended extension is granted, the term for at least six months. The smdrawn by theovements eDevel Developer's landscape forth on those certain plan dated 7/07/09, or as amended and architect, LPLA, Laurence L. Parr, approved by the Director. The Improveine dmby the Directs must eor for eighteen and in healthy condition as determy months. (18) after installation or completion of construction, whichever occurs later. _1_ 2. SECURITY. The Developer, in accordance with the requirements established by the St. Lucie County LDC, agrees to provide the County with security in a form acceptable to the County - Attorney in the amount 'of Twelve Thousand Eight Hundred Eighty dollars ($12,880.00), representing 100% of the estimated cost of the Improvements as calculated using Betrock Plant Finder, irrigation, well (if applicable), mulch, and other related landscaping plan items, and approved by the Director. The term of the security shall be effective for at least nineteen months, but in no case shall the term of the security be any less than the identified period of construction for the proposed development or development phase plus eighteen months. 3. FAILURE TO COMPLETE IMPROVEMENTS. It is further understood and agreed by and between the parties to this Agreement that, in the event Improvements are not constructed within twelve (12) months from the date of the approval of a Vegetation Removal Permit or Exemption, or if the Improvements do not remain alive and in healthy condition for the subsequent eighteen (18) months after installation., or upon completion of the construction, the County shall have and is hereby granted the right to cause the Improvements to be made or reinstalled and to use the security provided herewith for payment of all costs and expenses incurred in the construction thereof, including but not limited to, design, materials, installation, legal and contingent costs. 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, the provisions of the LDC or the County -approved plan, as may be amended consistent with applicable County Codes. In the event of Developer's failure or refusal to construct and install the 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. 4. RELEASE OF SECURITY. Upon completion of construction of all Improvements, the Developer's landscape architect. shall certify that the improvements have been constructed in accordance with the County -approved plans. When the improvements have been certified by the Developer's landscape architect, the Director or designee shall inspect the improvements. If all Improvements are completed to the satisfaction of the Director or designee, and the Improvements survive for eighteen (18) months after satisfactory -2- 0 installation, or completion of construction, the Director shall confirm this in writing to the St. Lucie County Board of County Commissioners. The Developer's security shall then be released in accordance with Section 11.04.01, LDC. 5. INTERPRETATION; VENUE This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial Circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. 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: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: -3- CHAIRMAN .APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY • •ems, Print Name: Paul A. Scott Title: Managing Partner coNCO HORTICULTURAL ,PAGE 62-J03 16: 07 EiEl .1 Ell 25/ 79 ---------- :NCB.E,:. 1WOMOP-9 9399-15.3 R&SOuth- DegCX F1 T- 0 `Bin T.4 Eavine -- -734- vesEzrn F3C3 W st jM each)_ ,oritacr .: G N. BROW .,Caritack ksbN Phione� L ------ J Price:XfndEf .2 tgdb -IAUFEI�ZAK I.-V a..Dad -i :b .A WQQQ yRT.; -E :EAbi4 .7 'MID - 4-1 WOW, bLtv BAT TIKSOO An mom P7 oping.-Ar CC Aram** "Ts� lz 116: 07- 5614951778 CONCO HOPITICLLTURAL - PAGE- 03/03 - ------------ cmico a0rucilitu"IpIne.. .9399153 Rd.South 'PROPOSAL Date' I0I2472QD8 Delray Beach, F1 33446,9711 561�49 177-7 FAX!. 56.1.49 1778' -DW T. O -'4 S[ �:iT Epqfn,trc viron En g714JWestPod Place UhitA: 741 � Place ,njtALWiest. PWftTf GdQh.FIaF4i.3 VGS cootacE AsON-BRo Phone Slips I rd West :Nu.ri7bqr PO, Nuriiber:Z.TLfJPIE40ridTO.WER Produi#. QI!ant fty "Lir _Xte Price nded .RR 0ERRLMS A,-APEDC 0-0. EACH TI%ID P1=66M Amourif -0aIe_Ami?vnt, Total Bond No. 3339322 SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, TX 78759 512-732-0099 MAINTENANCE BOND KNOW ALL MEN. BY THESE PRESENTS, that we PJ Development LLC 7341 Westport Place, West Palm Beach FL 33413 as Principal, and SureTec Insurance Company, a corporation organized under the laws of the State of Texas, and duly authorized to do business in the State of Florida, as Surety, are held and firmly bound unto St Lucie County Florida 2300 Virginia Avenue Fort Pierce, FL 34982 as Obligee, in the penal sum of Twelve Thousand Eight Hundred Eighty and 00/100 Dollars (12 880.00) to which payment well and truly to be made we do bind ourselves, and each of our heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents. WHEREAS, the said Principal has entered into a contract with St Lucie Countv, Florida dated 2009 for Landscape Maintenance Irrigation Well and Irrigation System at Communication Cell Tower Site, which contract is hereinafter referred to as the "Contract." WHEREAS, said Obligee requires that the Principal furnish a bond conditioned to guarantee for the period of 18 months after substantial completion of the work performed under the Contract against defects in workmanship and materials in the Work which would have been the responsibility under the Contract for which written notice is made to Surety during said period. NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH that, if the Principal shall indemnify the Obligee for all loss that the Obligee may sustain by. reason of any defective materials or workmanship in the Work which may become apparent and with respect to which notice is delivered to Surety in writing during the period of 18 months after installation of the improvements or completion of construction, whichever occurs later, then this obligation shall be void, otherwise to remain in full force and effect. No right of action shall accrue hereunder to or for the benefit of any person or entity other the Obligee named herein, nor shall any suit be filed or action maintained on this bond more than twenty five (25) months after the date of the earliest timely notice of defect by Obligee to Surety. Effective Date of Bond to be SIGNED, SEALED AND DATED THIS 22°d day of October, 2009. P_J Development, LLC Principal By. P ul A. Scoft, Managing Member SureTec Insurance Company By: *9�ina. Barnhardt, Attomey-in-Fact POA #: 1010006 SureTec Insurance Cbm'pany EDITED POWER OF ATTORNEY Kmw All Men,by These Presence That SURETEC :INSURANCE. COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office. in Houston, Harris County;. Texas, does by these .presents make, constitute and appoint Regina K. Barnhardt, Judy C. Yawn, Michael W. Paul its true and lawful Attomey-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety, providing the bond penalty does not exceed Five Million Dollars and no/100 ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attoroey(s)-in-Fact may do in the premises. Said appointment shall continue in force until 9/30/11 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolve4 that the President, any Vice -President, any, Assistant Vice -President,. any Secretary or any Assistant Secretary shall be and is hereby vestedwith:ftrli power and authority to app oint any one or mote :suitablapersons as Atiorney(s)-in-Fact to represent and act for and on behalfof the Company subject to the fnliowiing pmyWone .... .4fior x)4h-goat may be givers fall power and. authority for and:in. *e name of and ofbehaif of the Company, io-emwte,;.acknowiedge and deliver;any and sll bonds;, recognizanecs; contracts, agreements or fadetnnity:and other'conditional or -obligatory hugs and my and, all notices and documents canceling or te;nnnatzng the s. liabi drereundes,.:and-. Attomey m Fact shall bc'brndut' so zrcecutai b3' airy such g upon the Cohipauy as if signed by the President and sealed and effect d.by the Corporate Secretary. *0 1;esQN4 that the signatim. of any authorized officer and seal of the Company bereto fare or hereafter a#Frxed to any power of attorney or any ceitifacate relating thereto by facsimile, and any power of attomey or cettif` care bearing facsisnrie sipatac -ori,irc t- seal shall be valid and b "ti the .Co with 8 u� mP�3' respect to any bond or audextaldng tow,hiclr it'is..attached: (:ildopted ar-a meeting .heir! on �'dA' ofApri� 1999j; .Ire Witness Wliererij; SURETEC INSURANCE COWAANY has caused these presents to lee signed.by its President, and its c6rp orate seal to be hereto affixed this 28th day of October, AD, 2008, SURETEC INS CE COIMPANY i u+`T �i 63YdCIIt. :State ofTmcas ss:; rg r.,1 County c' . Coon ofHairis '''�..:.,�:..� On this.28h day of-Octobec, 2008' before me ..personally came B.J_ King, ta.me..kttown, who, being by me duly swum, did depose and say, that he resides in Ifoufstce, To* that be it President. of SURETEC INSU INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows °die stal. of `said Company; that the seal affixed to: said instrument is such corporate; seat: that it: was so affzed by grader of the Board of. Directors of said Company, and that he signed his name theretq by like order. Wh611@ D@tStale ltly lJodY1!ubb 13(Tem Michelle Benny; Notary Pibfic. My eonYntission expires Aitgust.17, 2012 I, M. Brent.Bea Assistant Se cretary ecretaty of SURETEC INSURANCE COMPANY,. dct hereby terrify that the above and- fotegoragisarena and con'ttL copy of Power of Attomey;: executed by said Company, which is still in fish force and eff ecT; 'and: furtliermoit,.'the resolutions of the $oarci ofDirectors, set out in the Power of Attorney are in fnli force and effect. Given milder my hand and the .seal of said Company at Houston, Texas this n dayof. . ; 2069 , A.D. AL Brent afy Aasis nt Secretary Any Instrument Issued in excess of the penalty stated above is totally void and without. any validity: For veriiicatlon of the authority of this power you oiay call (713f 8f2-0800 any business day between 8:00 am —and 5.00 pm C$T. TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Environmental Resources Department, Environmental Regulations Division ITEM NO. VI-C4 DATE: 12/08/09 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) PRESENTED BY: Yvette Alger 1�t Environmental Planning Coordinator Castle Pines Gate House Minor Adjustment Landscaping Improvement Agreement See attached memorandum. N/A October 7, 2003 — BOCC approval of Final Planned Unit Development of Minor October 23, 2009 — Growth Management Department approval Adjustment to the Planned Unit Development Board approval of the Landscaping Improvement Agreement with the Castle Pines Homeowners' Association, developer of the Castle Pines Gate House, in the amount of $3,818.00 and authorization for the Chairman to sign the Agreement as approved by the County Attorney. COMMISSION ACTION: (S� APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Coord i nation/S ica natu res County Attorney ( ) Dan McIntyre Originating Dept. ( ) n Smith Growth ( ) Management Mark Satterlee CONCURRENCE: Faye W. Outlaw, MPA County Administrator OMB Director Budget Analyst Finance ( ) —f T onna Johnson/ Marie Gouin Sh ' ancis Environmental Resources 10 Department MEMORANDUM TO: Board of County Commissioners ,,/ THROUGH: Karen Smith, Environmental Resources Department DirectoA FROM: Yvette Alger, Environmental Planning Coordinator YA DATE: December 8, 2009 SUBJECT: Castle Pines Gate House Minor Adjustment Landscaping Improvement Agreement ITEM NO. VI-C4 Background: Castle Pines Homeowners' Association, developer of the Castle Pines Gate House, is required to install landscaping as part of the approved site development plans. The developer has submitted an Improvement Agreement covering the cost of landscaping, as required per Condition of Approval #2 of the Minor Adjustment (SPMN820094006). The required surety of $3,818.00 has been provided to the Environmental Resources Department. Attached are copies of the following documents: • Landscaping Improvement Agreement • Cost Estimate • Surety in the form of a cashier's check Recommendation: Board approval of the Landscaping Improvement Agreement .with the Castle Pines Homeowners' Association, developer of the Castle Pines Gate House, in the amount of $3,818.00 and authorization for the Chairman to sign the Agreement as approved by the County Attorney. t LANDSCAPING/MITIGATION IMPROVEMENT AGREEMENT 15 THIS IMPROVEMENT AGREEMENT, is entered i to1} this day of NOY2m b �- , 20�, by and between�Ga41-t P,- ►' /7 (the "Developer" ) , and ST. LUCIE COUNTY, a political subdivision of the State of Florida, (the "County"). W I T N E S E T H: WHEREAS, the Developer intends to commence development on a pro1'ec in St. Lucie County, Florida, to be known as and S7 2 i1'►CS (the �� Lr c t-,%- �?a%4�S� Prv` ` WHEREAS, the. St. Lucie County Land Development, Code (LDC), Section 11.04.01(B) requires that any site plan shall be subject to the Developer providing assurance that all required improvements shall be satisfactorily constructed according to the approved plan and an Improvement Agreement;.and WHEREAS,' the LDC requires that the Developer of this Project complete certain landscaping and mitigation improvements; and WHEREAS, the required improvements of the Project are to be installed after- approval of a .Vegetation Removal Permit or Exemption under the guarantees posted with the County. NOW THEREFORE, in consideration of the intent and desire of the Developer as set forth herein, the Developer acid County agree as follows: 1, COMPLETION OF REQUIRED IMPROVEMENTS. - Th'e- Developer agrees to satisfactorily complete the required improvements (the "Improvements") for the above referenced development within twelve (12) months from approval of a Vegetation Removal Permit or Exemption according to the landscape and mitigation plans approved by the Director of the Environmental Resources Department ("Director"). The Director may extend the time to complete the required improvements for one additional six-month term: If this extension is granted, the term of the bond must also be extended for at least six months. The Improvements are more particularly set forth on those- certain plans drawn by themeDev lope 's la amended architect, LPG-' dated /��— approved by the Director. The Improvements must then remain alive and in healthy condition as determined by the Director.for eighteen months (18) after .installation or completion of construction, whichever occurs later. -1- A 1 i 2. SECURITY. The Developer, in accordance with the requirements established by the St. Lucie County LDC, agrees to provide the County with securit in a fosrm cepollarsto $3�) y Attorney in the amount of he �} representing 100% of the estima ed cost f the Improvements as calculated using Betrock Plant Finder, irrigation, well (if applicable), mulch, and other related landscaping plan items, and approved by the Director. The term of the security shall be effective for at least nineteen months, but in no case shall the term of the security be any less than the identified period of construction for the proposed development or development phase plus eighteen months. 3. FAILURE TO COMPLETE IMPROVEMENTS. It is further understood and agreed by and between the parties to this Agreement that -in the event'Improvements are not constructed within twelve (12) months from the date of the approval of.a Vegetation Removal Permit or Exemption, or if the Improvements do not remain alive and in.healthy condition for the subsequent eighteen (18) months after installation, or upon completion of the. construction, the County shall have and is..hereby granted the. right to cause the Improvements to. be made or reinstalled and to use the security provided herewith for payment of.all costs and expenses incurred.in the construction thereof, including but not limited to, design, materials, installation; legal and contingent costs-. 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, the provisions of the LDC or the.County-approved plan, as may be amended consistent with applicable County Codes. In the event of Developer's failure. or. refusal to. construct and install the .Improvements in accordance with the terms of this Agreement, the County shall. have the option to do:so, with County employees and.equipmenti 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. 4. RELEASE OF SECURITY.• Upon completion of construction of all Improvements,.the Developer's landscape architect shall certify that the.improvements have been constructed in accordance with the County -approved plans. When the improvements have been certified by the Developer's landscape architect, the Director or designee shall inspect the improvements. If all Improvements are completed to the satisfaction of the Director or designee, and the Improvements survive for eighteen (18) months after satisfactory -2- or completion of construction, the Director shall installation, to the St. Lucie County Board of County confirm this in writing 'urity shall then be released in Commissioners. The Developers sec accordance with Section 11.04.01, LDC. 5. INTERPRETATION; VENUE This Agreement constitutes the entire agreement between the partieswith respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may and only be amended by written document, properly authorized, dbe rties hereto. This Agreement shall delivered by both paofor interpreted as a whole unit and section e governed by the convenience only. All interpretations shall be laws of the State of Florida. In the even action regarding t it 1thiscAgreementessary r either party to initi g venue shall i in foe claims Nineteenth underdicial state- law and forSt.S Southern County, Florida, justiciable in federal District of Florida for any claims which are court. IN WITNESS WHEREOF, the parties hereto have executed these is Bement presents on the dates indicated below. Thisap proof t ved ovedhby the Board shall be the date on which this Agreement of County Commissioners. BOARD OF COUNTY COMMISSIONERS ATTEST: gT; LUCIE COUNTY; FLORIDA BY: CHAIRMAN ' DEPUTY CLERK APPROVED AS TO FORM AND 'CORRECTNESS: COUNTY ATTORNEY BY: T� Print Name: Title: 1�� -3- Proposal Number 16203 10331 S.E. Lennard Road t==FSea-]nSPort Saint Lucie, FI 34952 aac� _ 772-337-1131 fax 772-337-1165 � � PROPOSAL Thank you for the opportunity of participating in this bid. We take pride in our work and Customer satisfaction is our main concern. All our projects receive a 12 month warranty. We are certified, qualified and insured. We are versed in all resent state, county and city codes for Landscaping . Customer Mehaffeys Construction Customer # Address 1029 S.E. Holbrook Court Building C Units Date 10/6/2009 City Port Saint Lucie State F1 Zip 34952 Rep Phone 772-398-7600 Fax 772-398-7111 Description & Scope of work Unit Price TOTAL 2 !Jatropha 5 Gallon $20.00 I $40.00 4 Walter's Viburnum $12.00 $48.00 20 Indian Hawthorne 3 Gallon $12.00 $240.00 1 Live Oak 14ft On -site following Specs $400.00 I $400.00 4 (Transplant (Transplant Jatropha On -site following Specs $20.00 $80.00 4000 IFloratam Sod Pallets Installed $0.24 $960.00 150 lBrown Mulch 2 cu ft Bags $3.00 $450.00 I iIrrigation System Repairs Broken Lateral or Main Line Breaks $1,600.00 i $1,600.00 (Replace Damaged Heads Install new Zone for area being ;Landscaped i This project involves all improvements for: O COD CASH O COD Check 00 Net 30 Project Landscape Project (PGA Village) Location Castle Pines Entry Guard House Comencement Date SubTotal Shipping & Handling Taxes State TOTAL Office Use Only I 818.00 8.00 Any work not stated in the scope of work, will be handled strictly with a change order, and will be priced separately from this quote. Limited warranty: Four Seasons Landscape warrants that all Products (Trees, Plants, Soil, and Grass) are free from defects at the time of planting .If any part of the above is found to be defective, Four Seasons Landscape will replace or repair the defect without charge to the customer for a period of 12 months from the time of completion. This warranty is void if by any circumstance such as a hurricane, earthquake, tomado, land slide, rain wind, or any other acts of NATURE. It is also void if the goods are damaged, altered, moved or changed with or without negligence or accident from anyone else than a Four Seasons employee. Customer Signature: Print Name: I kkt Co. i!f � MOO 3A 3.+�)��2 Cli W ❑ . ,rc� 7 AGENDA REQUEST ITEM NO. VI-D1 DATE: 12/8/09 REGULAR PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (x) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Patti Raffensberger, SUBMITTED BY: Parks and Recreation/Recreation Recreation Manager SUBJECT: American Legion Request to Serve Alcohol BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of the American Legion's request to serve alcohol at their "Blessing of Bikes" event at the Indrio School House on December 27, 2009 as outlined in the agenda memorandum. COMMISSION ACTION: ( APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director County Attorney (x)Budget Analyst Daniel S. McIntyre Originating Dept. ( x ) T, X- - DeEfra Brisson (Name) (Name) (Name) Parks and Recreation COUNTY MEMORANDUM TO: Board of County Commissi rs THROUGH: Debra Brisson, Director FROM: Patti Raffensberger, Recreation Manager DATE: December 8, 2009 SUBJECT: American Legion Request to Serve Alcohol ITEM NO. VI-D1 Background: The American Legion has reserved the Indrio School House for their "Blessing of Bikes" event on December 27, 2009. The Legion is requesting to serve alcohol at the event. The County's Parks Ordinance, No. 1-15-23, requires that the Board approve each request for alcohol on County property. The American Legion has arranged for law enforcement to be present as required at events on County property where alcohol is being served. Recommendation: Board approval of the American Legion's request to serve alcohol at their "Blessing of Bikes" event at the Indrio School House on December 27, 2009 as outlined in this agenda memorandum. c6UNTY F L 0 R I D A AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Parks & Recreation - Capital Projects SUBJECT: River Park Marina ADA Playground BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 310002-7210-563000-107601 PREVIOUS ACTION: N/A ITEM NO. VI-D2 DATE: 12/08/09 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X ) PRESENTED BY: Mark A. DiMascio Project Manager RECOMMENDATION: Board authorization to purchase GameTime ADA accessible playground equipment, safety surfacing and site amenities totaling $125,436.23 for River Park Marina utilizing the U.S. CommunitiesTm Government Purchasing Alliance National Contract #040376, as outlined in the agenda memorandum and authorization for the Chairman to sign documents, as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: L� APPROVED ( ) DENIED ( ) OTHER Approved 5.0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director1ry County Attorney ( xBudget Analyst (x) �f1 Daniel . McIntyre Marie Gouin �{ Robert O'Sullivan Originating Dept. (x) ( ) Debra Brisson (Name) Parks and Recreation MEMORANDUM TO: Board of County Commiss'o ers THROUGH: Debra Brisson, Director FROM: Mark A. DiMascio, Project Managee DATE: December 8, 2009 SUBJECT: River Park Marina ADA Playground ITEM NO. VI-D2 Background: The U.S. CommunitiesTm Government Purchasing Alliance is a nonprofit government purchasing cooperative that assists local and state government agencies, school districts (K-12), higher education, and nonprofit organizations in reducing the cost of purchased goods through pooling the purchasing power of public agencies nationwide. This is accomplished through competitively solicited contracts for quality products through lead public agencies. Today more than 39,200 public agencies utilize U.S. CommunitiesTM contracts and suppliers to procure more than 1 billion dollars in products and services annually. Each month more than 400 new public agencies register to participate. The continuing rapid growth of public agency participation is fueled by the program's proven track record of providing public agencies unparallel value. Both the County Attorney and the OMB Director have approved the purchase of the equipment utilizing the U.S. CommunitiesTm Government Purchasing Alliance. In the FY 2010 budget, the Board approved the use of Zone "B" Park Impact Fees for improvements at River Park Marina including a new handicapped accessible playground and site amenities. Staff has been working with several playground manufacturers and is requesting Board approval to purchase GameTime equipment for several reasons: 1. The County will receive a grant from GameTime resulting in savings of $28,883.27. 2. The playground equipment offered by GameTime provides ADA access beyond the minimum requirements including five foot (5) wide ramps that will allow two wheelchairs to pass each other providing the disabled the opportunity to access and experience the entire playground structure side by side. 3. Three shade canopies, attached to the structure's posts, will provide protection from the sun and a cooler playing environment. 4. A poured -in -place rubber safety surface will be installed under the playground which meets all current playground safety standards and also requires less maintenance than mulch or sand. The list price for the GameTime playground package which includes the playground structure, safety surfacing and site amenities (3 benches, 1 trash can and 3 shade canopies), including freight and installation, is $181,991.68. A rendering of the playground is attached. Staff is requesting approval to purchase the playground package utilizing the U.S. CommunitiesT"" Government Purchasing Alliance National Contract. The U.S. CommunitiesTM contract provides a $27,672.18 discount. The additional savings from the GameTime grant are $28,883.27 for total savings of $56,555.45 off the list original price. Recommendation: Board authorization to purchase GameTime ADA accessible playground equipment, safety surfacing and site amenities totaling $125,436.23 for River Park Marina utilizing the U.S. CommunitiesT"^ Government Purchasing Alliance National Contract #040376, as outlined in this agenda memorandum and authorization for the Chairman to sign documents, as approved by the County Attorney. GATOR LAWN MAINTENANCE Rob Rule 5707 TANGELO DR. FORT PIERCE, FL 34982 772-801-8169 Bill To: PUBLIC WORKS DEPARTMENT ROAD & BRIDGE DIVISION Ship To: Estimate Number: E111 Date: October 18, 2009 PO Number Terms Project YEARLY CONTRACT ST JAMES BLVD Date Description Hours Rate Amount MOW 24 TIMES PER YEAR 18,000.00 EDGING 12 TIMES PER YEAR 6,000.00 WHICH WELL ALSO CONSIST OF EDGING ALL BEDS AND BLOWING OFF SIDEWALK AND ROADWAY. HERBICIDE 5 TIMES PER YEAR 3,000.00 WHICH WELL CONSIST OF WEEDING SOME AREAS BY HAND TRIMMING OF TREES AND PLANTS 3,000.00 3 TIMES PER YEAR OTHER NECESSARY SERVICE 3,000,00 CLEANING OF PROPERTY WELL ASO BE MAINTAINED IN A PROFFESSIONAL MANNER Total $33 , 000. 00 All For You ,Landscape and Maintenance, [ne. 6051 North U.S. 41 Ft. Pierce, FL 34946 rName / Address St. Lucie County Public Work3 Department Road & Bridge Division 2300 Virginia Avenue Fort Pierce,) 1 34982 Estimate Oate Estimate It 10/14/2009 643 Project St. JarnesBtvd. Description Oty Cost Total mowing- Midway Road to Airoso 131vd (Mediums & Right of way 24 1,175.00 28,200.00 to Right of way) Events Per Year Edging- Midway Road to Airoso Blvd (Mediums & Right of way to 12 275.00 3,300.00 Right of way) Events Per Year Herbicide- Midway Road to Airoso Blvd (Mediums & Right of way 5 285.00 1,425,00 to Right of way) Events Per Year Trimming of Trees and Plants- Midway Road to Airoso Blvd 3 285.00 855.00 (Mediums & Right of way to Right of'way) Events Per Year Thank you for your business. Total $33,780.00 Phone # Fax # 772-489-4777 772-489-4877 z0iz0 39dd dVDSaNb1 non dod -I-IV L4Sb68bZLL 8b:60 600Z/OZ/OT 10/19/20E 13:49 772-464-2696 GARY ROBERTS NURSERY PAGE 02.02 �* AEI .�. F 1GLA FNGLA,.. Y © Grow' We Cna.r what Growl �.®' '� � 'I _ gortiiultuiP�ofesslonal. Landscape Designer N U R S E R Y: AND Visit us at www. L A N D S C A P E OFFICE: 772460 1539 • 772-4642696 garyrobertslandsca e.com MAILLNG ADDREESS: 437 Rowe Jtoad, Ft. Pierce, FL 34946 NURSERY ADDRESS: 4200 Johnston Road, Ft..Pierce, FL 34951, Attn: Tammy Murphy 10/1412009 Public Works Department Road & Bridge Division PH: 772-462-1819 FX: 772-462-2363 RE: Mowing of St James Blvd from Midway Rd to Airoso Blvd ANNUAL $$ MOW: 24 TIMES PER YEAR $ 24,000.00 . EDGE' 12 TIMES PER YEAR $ 1,880.00 HERBICIDE: 5 TIMES PER YEAR $ 4,000.00 TRIMMING OF TREES AND PLANTS: 3 TIMES PER YEAR $ 6,000,00 GRAND TOTAL: $35,880.00, ANNUAL CHARGE OR $2,990.00 BILLED MONTHLY PER VISIT $$ $ 1,000.00 $ 156.67 $ 800.00 $ 2,000.00 VOTED $EST I ArrnscAPER OCT-13-2009 09:37A FROM: TO:4622363 TREASURE COAST LAWNS, Inc. A FULL SERVICE COMPANY 699 IXORIA AVE. • FT PIERCE, FL 31982 • 772-489-2783 [OUT OF CONTRACT] [ Piggy back on US 1 & Orange Av. Price held @ last year.] Basic Reduced Service: St James Mow $1323.00 24 x per yr. $ 31,752.00 Edge $275.63 12 x per yr. $ 3,307.56 Total Basic Reduced Service $35,059.56 Other Necessary Reduced Services: St James Herbicide 5 x yr @ $330.75 $1,653.75 Trim 3 x yr (ate $165.38 $496.14 Total Other Necessary Reduced Services $2,149.89 Grand Total $37,209.45 -A7TaC.-H M Ali D ITEM NO. VI -Ell DATE: 12/8/09 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Donald Pauley SUBMITTED BY: Public Works, Road & Bridge Manager SUBJECT: Contract for median maintenance on St. James Drive, Midway Road south to Airoso Blvd. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 101002-4110-534000-400 — Other Contractual Services PREVIOUS ACTION: N/A RECOMMENDATION: Board approval to enter into a contract with Gator Lawn Maintenance for the median maintenance on St. James Drive, Midway Road south to Airoso Blvd., in the amount of $33,000 and authorization for the Chairman to sign the documents as approved by the County Attorney. COMMISSION ACTION: ( APPROVED ( ) DENIED ( ) OTHER Approved 5-0 County Attorney ( X ) Dan McIntyre CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director Budget Analyst Originating Dept. ( X) Public Works Donald Pauley arie Gouin Tawonna Johnson (X) 0, on West Public Works Administration MEMORANDUM TO: Board of County Commissioners THROUGH: Don West, Director 1/11.1VV FROM: Donald Pauley, Road & Bridge Manager DATE: December 8, 2009 SUBJECT: Contract for median maintenance on St. James Drive, Midway Road south to Airoso Blvd ITEM NO. VI -El Background: The Road & Bridge Division is responsible for the maintenance of medians on St James Drive from Midway Road south to Airoso Avenue. For a number of years, these medians had been under contract for their maintenance. The established plants and trees are not Xeriscape and require a degree of maintenance that a landscaping company with trained employees can provide. We have four (4) mowing and weed eating crews to take care of swales, ditches, sidewalks and smaller rights -of -ways in the unincorporated County where our tractors cannot be used in. At the present time, it is taking from 45 to 60 days for our crews to complete one (1) rotation cycle addressing all areas we must maintain. With the high demand for these crews, this does not allow us to devote the time to keep these medians in the condition we would prefer. While our crews have been trained in MOT (maintenance of traffic) safety, the liability for the County is significant. By entering into a contract for this median work, the liability is shifted to the contractor. At the present time, we have the medians on US #1 with under contract with Treasure Coast Lawns while our crews have replaced the right-of-way mowing contracts. We requested quotes for this project from four (4) vendors (as shown in Attachments A through D) and Gator Lawn Maintenance supplied us with the lowest quote. Funding for this contract would come out of our budgeted "Other Contractual Services" account. We are requesting a one (1) year contract with Gator Lawn Maintenance that will carry us until next year when our median contract goes out for bid and we can add this area to the ones already covered by a contract. Recommendation Board approval to enter into a contract with Gator Lawn Maintenance for the median maintenance on St. James Drive, Midway Road south to Airoso Blvd., in the amount of $33,000 and authorization for the Chairman to sign the documents as approved by the County Attorney. TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Public Works/Engineering Division Walton Road Widening (US 1 to Village Green Drive) See attached memorandum. ITEM NO. VI-E2 DATE: 12/8109 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) PRESENTED BY: Michael Powley, P.E. /'i VP County Engineer County Capital — Transportation Bond 318-4113-563000-464 PREVIOUS ACTION: See attached memorandum. REOMMENDATION: Board approval of Change Order No. 2 to the contract with Felix Associates in the amount of $160,048.70 for the Walton Road Widening project (US 1 to Village Green Drive) and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: (�J APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA Approved 5-0 County Administrator Coordination/Sianatures County Attorney (x) OMB Director (x) Budget Analyst lrI�P4 (4�' Daniel McIntyre Marie Go Originating Dept. (x) County Engineer (x) MVP J ►x onal West Michael Powley Wagon Rd. CO2 Felix.ag iCOUNTY Engineering Division • TO: Board of County Commissioners THROUGH: Donald West, Public Works Directo FROM: DATE: SUBJECT: ITEM NO. Background: Michael Powley, County Engineer December 8, 2009 r MEMORANDUM Walton Road Widening (US 1 to Village Green Drive) VI-E2 The County has awarded the construction contract to Felix Associates, and construction is commencing in an orderly manner. Culpepper & Terpening, Inc. is assisting St. Lucie County with the construction management and with administering the County Local Stimulus provisions. It is necessary to adjust the quantities of our work items to address changes to the plans. The attached Change Order No. 2 in the amount of $160,048.70 and spreadsheet (Attachment A) present these items. Adjustment of plan quantities is necessary for proper record keeping and to assure proper payment to the contractor. This will bring the new contract total to $4,445,826.11. Change Order No. 2 modifies the plans in two significant ways. The first is the Walton Road closure. Rather than completely closing the roadway from US 1 to Civic Center Drive, the closure now leaves the first (western most) driveway into Eastport Plaza open. This change was made at the request of several business owners to minimize our impact on the holiday shopping; many businesses rely on the holiday season for significant income. This change impacted the contractor's operations in several ways including underground pipe installation, roadway embankment construction, materials storage, and paving operations. This change equates to approximately $79,570. The second significant modification is to the street lighting. Through the negotiations crafting our interlocal agreement with them, the City of Port St. Lucie has been clear that it is their intention to utilize our street light poles for holiday decorations that require 110-volt power. We have only recently learned that modifications are necessary to provide this. The lighting plans depict 110-volt outlets on the poles. However, the wire, conduit, transformer, and pull boxes were not depicted and not included in our Summary of Quantities. Our consultant has acknowledged this and completed the design modifications very rapidly and at no cost to the County. However, the necessary materials are needed. The cost for these items is about $66,440. It is important to note that our budget would have included funds for these items if this information was known at the time. Miscellaneous modifications are also included in this change order request, such as modifications to the fire station driveways, additional pedestrian signal poles, and the relocation of some palm trees to the fire station property that were to otherwise be destroyed. These miscellaneous items total about $14,039. The funds for Change Order No. 2 are available in the project contingency. Engineering Memorandum December 8, 2009 Item No. VI-E2 Page 2 Previous Action: August 11, 2009 — Awarded bid to Felix Associates in the amount of $4,222,347.65 for construction of the Walton Road Widening project (US 1 to Village Green Drive), awarded Construction Management Services to Culpepper & Terpening, Inc. in the amount of $442,000, and awarded construction materials testing to Dunkelberger Engineering and Testing, Inc. in the amount of $102,550. November 3, 2009 - Change Order No. 1 to the contract with Felix Associates in the amount of $63,429.76 for the Walton Road Widening project (US 1 to Village Green Drive). Recommendation: Board approval of Change Order No. 2 to the contract with Felix Associates in the amount of $160,048.70 for the Walton Road Widening project (US 1 to Village Green Drive) and authorization for the Chairman to sign documents as approved by the County Attorney. Attachment A CHANGE ORDER ST. LUCIE COUNTY PROJECT: WALTON RD. (U.S. #1 TO VILLAGE GREEN DR.) CHANGE ORDER NUMBER: 2 (name, address) TO (Contractor): Felix Associates, LLC 851 SW Darwin Blvd. Port St. Lucie, FL 34953 You are directed to make the following changes in this Contract: (Additional sheet attached as Exhibit A — Yes) SEE ATTACHED EXHIBIT "A" INITIATION DATE: 11/18/09 CONSULTANTS PROJECT NO.: NIA ST. LUCIE COUNTY CONTRACT NO: C09-08-335 CONTRACT DATE: 8/11/09 Theoriginal (Contract Sum) was........................................................................................................................... $4,222,347.65 Net change by previous authorized Change orders................................................................................................... $63,429.76 The (Contract Sum) prior to this Change Order was............................................................................................. $4,285,777.41 The (Contract Sum) will be increased bythis Change Order............................................................................................................................................... $160,048.70 The new (Contract Sum) including this Change Order will be.............................................................................. $4,445,826.11 TheContract Time will be increased by........................................................................................................................ (56) Days The Date of Substantial Completion as of the date of this Change Order therefore is: 3/4/10 Funds Available: Account Number 318-4113-563000-464 fi The adjustment in Contract Price and/or Contract Time stated in this Change Order shall comprise the total price and/or time adjustment due or owed the Contractor for the work or changes defined in this Change Order. By executing this Change Order, the Contractor acknowledges and agrees that the stipulated price and/or time adjustments include the costs and delays for all work contained in the Change Order, including costs and delays associated with the interruption of schedules, extended overheads, delay, and cumulative impacts or ripple effect on all other non -affected work under this Contract. Signing of the Change Order constitutes full and mutual accord and satisfaction for the adjustment in contract price or time as a result of increases or decreases in costs and time of performance caused directly and indirectly from the Change Order, subject to the current scope of the entire work as set forth in the Contract Documents. Acceptance of this waiver constitutes an agreement between the County and Contractor that the Change Order represents an equitable adjustment to the Contract, and that Contractor will waive all rights to file a claim on this Change Order after it is properly executed. All work performed under this Change Order shall be performed in accordance with the contract specifications. Recommended: St._ Lucie Countv, Enaineerina Division Architect/Engineer 2300 Virginia Ave.. Ft. Pierce, FL 34982 Address 11/18/09 By: John Frank, P.E., Sr. Project Engr. Date Agreed To: Felix Associates, LLC Contractor 851 SW Darwin Blvd., Port St. Lucie, FL 34953 Address By: Date Approved: Public Works Department St. Lucie County Department 2300 Virainia Ave.. Ft. Pierce, FL 34982 Address 11/18/09 By: Donald B. West, P.E. P/W Dir. Date Authorized: St. Lucie County: 2300 Virginia Ave., Ft. Pierce, FL 34982 By: Date Approved as to Form and Correctness County Attorney —1— Project: Walton Road (US-1 to Village Green Drive) CHANGE ORDER #2 Contractor Felix Duration 206 Notice to Proceed Date: 11-Aug-09 Additional Time: 56 Co m lete Date: 4-Mar-10 101-1A MOBILIZATION -EPP LS 1.00 $44,120.00 44,120.00 1024A JMAINMNANCE OF TRAFFIC -EPP LS 1.00 $21,080.00 21,060.00 9999-9A iStoa Piling -EPP CY 3900.00 $3.30 12,870.00 9999-713 1 InstaWw of temporary Plugs -EPP EA 3.00 $500.00 1,500.00 715.2-11A ILighting Conduit F61 Underground (Additional Conduit) LF 4200.W $2.20 9,240.00 715-7-11 1 Receptacle Transforrner EA 1.00 $4,509.00 4,509.00 715-14-11 JLiqhdng Pull Box Roadside Moulded (F31) EA 29.00 $379.00 10,991.00 71 &2-11A JReceptscle Conductor (F31) Insulated (No 2) LF 15000.00 $2.78 41,700.00 522-1A JFire Station Driveway - Construct wrn ROW 4000psi SY 249.W $35.85 8,876.85 522-is IFire Station Driveway - Remove 6 Construct outside ROW 4000psi SY 138.W $48.45 8,11m.10 715-518-114A 113anner Ann and Receptical EA -27.00 $304.75 (8,228.25) 859-108A ISTEEL PEDESTAL (F81) EA 3.00 $1,518.00 4,554.00 9999-1S Install riser Section on S-63A LS 1.00 $1,230.00 1,230.00 9999-2C Relocate Palm Tress EA 2.00 $460.00 920.00 Total 160,048.70 —2— A AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Public Works/Engineering Division SUBJECT: Beau Rivage Drainage Pipes Replacement BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A ITEM NO. VI-E3 DATE: 12/8/09 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) PRESENTED BY: ,, Michael Powley, P.E. ;NjV County Engineer REOMMENDATION: Board approval to advertise an Invitation to Bid to replace failing drainage pipes at the intersection of South Shore Road and Everglades Boulevard in Beau Rivage subdivision. COMMISSION ACTION: CONCURRENCE: (Xj APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA Approved 5.0 County Administrator Coordination/Sl4natures County Attorney (x) OMB Director (x ) /�' "k Budget Analyst (J- Daniel McIntyre MaA Gouin Originating Dept. ( x)' Do Id West Road/Bridge (x) W4-y 1)!p` Don PlOuley Beau Rivage permission to adv.ag County Engineer (x) Michael Powley JJR4aiEl a s � ip Div ui o �g eA� Ufa �i i 1p� it f!N!U tr�at�t t �COUNTY Engineering Division MEMORANDUM TO: Board of County Commissioners THROUGH: Donald West, Public Works Director // • FROM: Michael Powley, County Engineer ;Vp DATE: December 8, 2009 SUBJECT: Beau Rivage Drainage Pipes Replacement ITEM NO. VI-E3 Background: Beau Rivage is a subdivision in south St. Lucie County west of the Jensen Beach Target store at Britt Road and US 1. The subdivision was developed in the 1950s and 1960s. The stormwater drainage system consists of corrugated metal pipes. These materials have exceeded their useful life span and are deteriorating. Road and Bridge has been making progress in these maintenance activities but a cluster of failures at the intersection of South Shore Road and Everglades Boulevard requires assistance from the Engineering Division. We have completed the design in-house and are rapidly approaching the point where we would like to advertise this project to bid. It is our intention to fund these improvements with the Stormwater Municipal Services Taxing Unit. Recommendation: Board approval to advertise an Invitation to Bid to replace failing drainage pipes at the intersection of South Shore Road and Everglades Boulevard in Beau Rivage subdivision. ITEM NO. VI - F TO: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Mosquito Control DATE: 12/08/09 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) PRESENTED BY: James R. David Director V/ Acceptance of grant from FishAmerica Foundation (FAF) See attached memorandum. FUNDS AVAILABLE: DEP SE Aquatic Preserve Program in -kind support and volunteer expenses PREVIOUS ACTION: August 18, 2009 — BOCC approval of grant application RECOMMENDATION: Board approval of the acceptance of the FAF grant and authorization for the Chairman to execute the agreement as approved by the County Attorney. COMMISSION ACTION: (Xj APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney OMB/Purchasing (✓j Director Budget Analyst Daniel S. McIntyre "dttur'YOUng Originating Dept. (V/ Other ( ) Wes R. David Marie Gouin Tawonna Johnson Mosquito Control MEMORANDUM TO: Board of County Commissioners FROM: James R. David, Mosquito Control Director Mosquito Control DATE: December 8, 2009 SUBJECT: Acceptance of grant from FishAmerica Foundation (FAF) ITEM NO. VI — F Background: FAF has awarded a grant in the amount of $50,000 to St. Lucie County for restoration activities on Spoil Island SL-3. Those activities include removal of exotic plants, planting of native plants, reconnection of a small wetland on the island and watering maintenance of the plants. The local match is derived from the DEP SE Aquatic Preserve Program in -kind support of the project, which is providing construction monitoring and plant maintenance ($8,841). Recommendation Board approval of the acceptance of the FAF grant and authorization for the Chairman to execute the agreement as approved by the County Attorney. Source: Microsoft® Streets and Trips; Copyright@ 2005 Vero j �s t d.c. A t l a n t i c O c +r a rt Lakewood Par* FO R I O A SITE xt LWC C"Oty Qro kV AaGni[y h$:. LYCIi i 'Il �r'....ft r L e9 _ jut ibrae �r SITE -11 0 Q Herbo- 6t Rd m Ocean S ludo Dr 606 Huber Dr Julian Or I n d i a n Avalon State Park n Wdcox Rd 6 1 Section c 09, Township 34 South, Range 40 East KimleyHom LOCATION MAP and Associates, Inc. JCopyright 2008 Klmley-Horn and Associates, Inc. SL3 SPOIL ISLAND RESTORATION 601 215t Street„ Site 300 ST. LUCIE COUNTY, FLORIDA Vero Beach, FL 32960 Phone:772-562-7981 Fax:772-562-9689 SCALE NTS FIGURE wvvw.klmley-horn.com PROJECTNO 041402000 OCT. 2008 1 ITEM NO. VI-G1 l\7 " DATE: 12/08/09 • AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: BOARD OF COUNTY COMMISSIONERS Airport Taxiway C Rehabilitation See attached memorandum. CONSENT ( X ) PRESENTED BY: Diana D. Lewis I Airport Direct 140368-4220-563000-104602 — Infrastructure (pending BOCC approval). 140-4220-563000-4804 — Infrastructure (pending BOCC approval). PREVIOUS ACTION: November 10, 2009 — Board approved Resolution No. 09-295 accepting the Florida Department of Transportation (FDOT) Joint Participation Agreement (JPA) for the Taxiway C Rehabilitation project RECOMMENDATION: Board approval of Budget Resolution No. 09-356 and Budget Amendment No. 10- 007 establishing the fund for the FDOT grant for the Taxiway C Rehabilitation project in the amount of $1,942,400 with a $485,600 local match and authorization for the Chairman to sign the documents as approved by the County Attorney. COMMISSION ACTION: �) APPROVED ( ) OTHER County Attorney ( ) Originating Dept. ( ) CONCURRENCE: ( ) DENIED Approved 5.0 Faye W. Outlaw, MPA County Administrator CoordinationlSianatures OMB Director ( ) A+") �� Q , M Budget Analyst Daniel McIntyre Marie Gouin Heather Young Patty Marston (Name) ERD ( ) (Name) AIRPORT MEMORANDUM TO: Board of County Commissioners FROM: Diana D. Lewis, Airport Director DATE: December 8, 2009 SUBJECT: Taxiway C Rehabilitation ITEM NO. VI-G1 Background: Taxiway C is a parallel taxiway associated with Runway 14/32. The taxiway is 4,700 feet in length and 35 feet wide. The original 1,700 foot section of this taxiway was last resurfaced in 1985. An additional 3,000 feet was constructed in 1989 and has not been resurfaced since it was built. In October 2007, a pavement inspection was conducted under the direction of the Florida Department of Transportation (FDOT). The inspection indicated that Taxiway C is in fair condition in certain areas with some areas being listed as poor. It has been over 20 years since the taxiway was last milled and paved, and the pavement has reached its useful life. In November 2009, the Board accepted the FDOT Joint Participation Agreement for $1,942,000 (80% grant) with a $485,600 (20%) local match for a total project cost of $2,428,000. The attached Budget Resolution 09-356 establishes the fund for this FDOT grant and the attached Budget Amendment No. 10-007 establishes the local match. Recommendation Board approval of Budget Resolution No. 09-356 and Budget Amendment No. 10-007 establishing the fund for the FDOT grant for the Taxiway C Rehabilitation project in the amount of $1,942,400 with a $485,600 local match and authorization for the Chairman to sign the documents as approved by the County Attorney. RESOLUTION NO. 09-356 WHEREAS, subsequent to the adoption of the St. Lucie County Board of County Commissioners budget for St. Lucie County, certain funds not anticipated at the time of adoption of the budget have become available from the Florida Department of Transportation through a Joint Participation Agreement, in the amount of $485,600, as funding for the Rehabilitation of Taxiway C at the St. Lucie County International Airport. WHEREAS, Section 129.06 (d), Florida Statutes, requires the Board of County Commissioners to adopt a resolution to appropriate and expend such funds. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, in meeting assembled this 8th day of December, 2009, pursuant to Section 129.06 (d), Florida Statutes, that such funds are hereby appropriated for the fiscal year 2009-2010, and the County's budget is hereby amended as follows: REVENUE 140368-4220-334411-104602 APPROPRIATIONS 140368-4220-563000-104602 FDOT-Transportation $485,600 Infrastructure $485,600 After motion and second the vote on this resolution was as follows: Commissioner Charles Grande, Chair XXX Commissioner Doug Coward, Vice Chair XXX Commissioner Chris Craft XXX Commissioner Chris Dzadovsky XXX Commissioner Paula Lewis XXX PASSED AND DULY ADOPTED THIS 8T" DAY OF DECEMBER 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO CORRECTNESS AND FORM: COUNTY ATTORNEY r u, BUDGET AMENDMENT REQUEST FORM REQUESTING DEPARTMENT: Airport PREPARED DATE: 11/23/2009 AGENDA DATE: 12/8/2009 TO: 140368-4220-563000-104602 Infrastructure FROM: 140-4220-563000-4804 Infrastructure REASON FOR BUDGET AMENDMENT: To move the county match into the grant fund #140368 for the Rehabilitation of Taxiway C. CONTINGENCY BALANCE: n/a THIS AMENDMENT: n/a REMAINING BALANCE: n/a DEPARTMENT APPROVAL: OMB APPROVAL: BUDGET AMENDMENT #: DOCUMENT # & INPUT BY: BA10-007 ITEM NO. VI-G2 f ' DATE: 12/08/09 COUNTY • AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASWD ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Diana D. Lewis r SUBMITTED BY: Airport Airport Dire_Qter Vim" SUBJECT: Change Order No. 4 for Phase 2 Access Control System BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 140351-4220-563000-4803 Infrastructure 140351-4220-563005-4803 Infrastructure Consulting Engineer PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of Change Order No. 4 for Smith Industries, Inc. for the Phase 2 Access Control System project increasing the total project cost by $227,054.04 from $1,020,771.24 to $1,247,825.28 with an increase in the contract time of 98 days to March 26, 2010 and authorization for the Chairman to sign the document as approved by the County Attorney. COMMISSION ACTION: (X) APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Coord i nation/S is n atu res CONCURRENCE: Faye W. Outlaw, MPA County Administrator County Attorney ( ) OMB Director -% dt)n 1U M Budget Analyst Daniel J. McIntyre Marie Gouin Heather Young Patty Marston Purchasing ( ) Melissa Simberlund ERD ( ) (Name) COUNTY F L O R I D A TO: Board of County Commissioners FROM: Diana D. Lewis, Airport Director DATE: December 8, 2009 AIRPORT MEMORANDUM SUBJECT: Change Order No. 4 for Phase 2 Access Control System ITEM NO. VI-G2 Background: The Phase 2 Access Control System project was approved by the Board under the FY 2008 Capital Budget. The project involves the installation of a wireless mesh network system, additional card readers, upgrades of manual gates to automated gates, and upgrades to existing hardware and software for the security system at the Airport. The first phase of the security project was completed in 2005. The budget for this project is $1,600,000, which is funded with a $1,280,000 Florida Department of Transportation (FDOT) grant and a $320,000 local match. This includes costs for both design and construction. The project was subsequently awarded to Smith Industries, Inc. in March 2009 for a contract amount of $1,015,785. There have been three previous change orders approved under the Phase 2 Access Control System project. The change orders included adjustments to the opening of a specific gate and a rescanning of the wireless network frequency band that was changed so that it did not conflict with the St. Lucie County Fire District wireless public safety frequency band. The time for project completion was also changed to December 17, 2009 to cover manufacturer delays in delivery time for the master system antenna and associated brackets. The attached Change Order No. 4 reflects a change to the original project adding two manual gates that were installed as part of the new runway project. These gates will be automated to reduce emergency/incident response time to the new runway. This change is at the request of the Airport since grant funding and local match are available and the project remains within budget. Previous Action • November 6, 2007 — Board approved Budget Resolution No. 07-341 for the FDOT JPA in the amount of $929,000. • May 6, 2008 — Board approved Work Authorization No. 5 for AECOM to provide consultant services for $149,788. • May 20, 2008 - Board approved Budget Resolution No. 08-174 for the Supplemental FDOT JPA in the amount of $671,000. March 10, 2009 - Awarded to Smith Industries, Inc., for $1,015,785.00. June 22, 2009 - Change Order No. 1, approved by the County Administrator, increased the contract amount by $1,278.00 with no change to contract time. September 10, 2009 - Change Order No. 2, approved by the County Administrator, increased the contract by $3,708.24 with no change to the contract time. November 20, 2009 — Change Order No. 3, approved by the County Administrator, changed the substantial completion date to December 17, 2009 for an increase of 66 days with no change in contract amount. Recommendation Board approval of Change Order No. 4 for Smith Industries, Inc. for the Phase 2 Access Control System project increasing the total project cost by $227,054.04 from $1,020,771.24 to $1,247,825.28 with an increase in the contract time of 98 days to March 26, 2010 and authorization for the Chairman to sign the document as approved by the County Attorney. PIA CHANGE ORDER LUCIE COUNTY CHANGE ORDER NUMBER: No. 04 ST. PROJECT: (name, address) INITIATION DATE: 11123/2009 Phase II Access Control System International Airport St. Lucie County CONSULTANT'S PROJECT NO.: TO (Contractor): ST. LUCIE COUNTY Smith Industries, Inc. CONTRACT NO: C09-03-106 4699110th Avenue N Clearwater, Florida 33762 CONTRACT DATE March 10, 2009 You are directed to make the following changes in this contract: as Exhibit A - Yes No) (Additional sheet attached See attached. $ 1,015, 185.00 The original (Contract Sum) ( Guaranteed Maximum Cost) was Change orders $ 4,986.24 $ 1,020,771.24 Net change by previous authorized r eased or The (Contract Sum) (Guaranteed Maximum Cost) prior to this Change order Maximum Cost) will be (increased) ( $ 227,054.04 The (Contract Sum) (Guaranteed $ 1,247 825 28 unchanged) by this Change Order Sum) (Guaranteed Maximum Cost) including this Change order will be ( 98 ) Days The new (Contract The Contract Time will be (increased) (decreased) (unchanged) by of the date of this Change Order therefore is: March 25, 2010 Th Date of Substantial Completion as e Funds Available: Account Number 140351-4220-563000-4803 n this Change Order. By executing this Change Ordle ,the contained Contractor the The or owme nt l Contract Price and/or Contract Time stated in this Change Order shall comprise the total price ail nd/or time adjus men due or owed the Contractor for the work or changes defined lays associated with the interruption of schedules, extended°constitutesf full and mutuamacco d ulative acknowledges and agrees that the stipulatedas rice and/or time adjustments include the costs and dd over or a Change Oder, including costs and delays impacts or ripple effect on all other non -affected work under this Contract. Signing of the Chang the onallother in contract price or time as a result or increaseseentire work as set forth n the Contract of perfo Documents. rmance used and satisfaction foradjustment directly and indirectly from the Change Order, subject to the current scope file a claim on this Change Order after it is properly executed. All work Acceptance o f this waiver constitutes an agreement between theCountyand Contractor that the Change Order represents an equita e adjustment to the Contract, and the Contractor will waive all rightscontract performed under this Change Oder shall be performed in accordance with APPROVED specifications. CONTRACTOR: Smith Industries, Inc. Contractor. 4699110th Avenue N, Clearwater, Florida 33762 Address: r�30 w D By: CONSULTANT: AECOM USA, Inc. Architect/Engineer Date: By: St. Lucie Count International Airport St. Lucie County Department: 2300 Vir inia Avenue, Ft. Pierce, Florida 34982 Address Date: By: AUTHORIZED: ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS Date: By.., hulr Approved as to Form and Correctness: County Attorney To: Andrew Kacer, PE AECOM / DMJM Aviation 2202 N West shore Blvd., Ste. 455 Tampa, FL 33607 Project: Phase II - Access Control System Installation St. Lucie County International Airport Revision 3 FIELD CHANGE ORDER 4 Date: Nov 2_ 3, 2009 We propose to perform the additional work, on the above mentioned project for the LUMP SUM PRICE of $ 227,054.04. Purpose of Change Request AECOM engineering has asked Smith Industries Inc to provide a price for installing two new aluminum cantilever gates with at operators at the northwest access road to the new runway. g gate SCOPE OF WORK: 1. Mobilization 2. Maintenance of Traffic $ 16,220.00 3. 40' Aluminum Slide Gates, Fittings, Fence Mod $ 2,000.00 a. Tymetal gates 12, 827.00 $ 26,309.55 b. Concrete 466.00 c. Fence materials 7,416.55 d. Equipment 2,500.00 e. Labor 4. Hydraulic Motors, Safety Devices 3,100.00 a. Hailee 17,434.58 $ 22,834.58 b. Labor SUBTOTAL: 5,400.00 Overhead & Profit — 10% $ 67,364.13 6,736.41 $ 74,100.54 Gate #570: 1" Schedule 40 PVC conduit direct buried in earth UNIT QTY Cost 1" Schedule 40 PVC conduit installed in pavement/concrete LF 75 $ 1,729.00 2" Schedule 40 PVC conduit direct buried in earth LF 40 $ 6 LF 2,600 $ 43,368.00 .00 Smith Industries, Inc. d/b/a Smith Fence Company and Smith Fence, 4699 110`h Avenue No., Clearwater, FL 33762 Pinellas (727) 573-5440 Hillsborough (813) 223-9267 Fax (727) 573-2075 AECOM / DMJM Aviation October 8, 2009 Page 2 2 Schedule 40 PVC conduit installed in pavement/concrete LF LF 80 g,000 $ 1,920.00 $ 2 1 00 #1 XHHW conductor installed in new conduit system LF 500 $ 338.00 #10 XHHW conductor installed in new conduit EA 5 $ 3,523.00 Pullboxes Install FPL provided pullbox LS LS 1 1 $ 800.00 $ 9,521.00 New FPL Service Point, complete LS 1 $ 17,085.00 New Gate Power/Control Pedestal, complete Gate #1: UNIT LF QTY 75 Cost $ 1,729.00 1 Schedule 40 PVC conduit direct buried in earth installed in pavement/concrete LF 40 $ 960.00 $ 10,008.00 1" Schedule 40 PVC conduit 2 Schedule 40 PVC conduit direct buried in earth LF LF 600 140 $ 3,624.00 2" Schedule 40 PVC conduit installed in pavement/concrete LF 2,000 $ 6,132.00 #1 XHHW conductor installed in new conduit system LF 500 $ 338.00 #10 XHHW conductor installed in new conduit EA 2 $ 1,409.00 Pullboxes Install FPL provided pullbox �S 1 800.00 $ 14.312.00 New Gate Power/Control Pedestal, complete $145,670.00 SUBTOTAL $7 283.50 Overhead & Profit — 5% $152,953.50 TOTAL Note 1. Smith Industries Inc. would 'k nt da s (14 weeks). Mobilization and constructiocombine the mobilization and construction n would start frames o one construction schedule of 98 9 Y simultaneously. and signed by the county, Smith Industries Inc would order 2. Once the change Order 4 is approved be done while we are the materials. At the same time we would start 14 weeks) total time frame peon the construction that a od for the purchase of materials the equipment to arrive. The 98 working y and the construction work, would start after Smith Industries Inc receives a signed change order from St. Lucie County. Thank you for the opportunity to quote this additional work. If you have any questions please feel free to call our office. Bill Moroney Project Superintendent Smith Industries Inc. d.b.a. Smith Fence Company Ph:727-647-2102 date Accepted by Printed name purchase order # 2 ITEM NO. VI -Hi DATE: 12/08/09 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED B1 Dennis We BY: Information Technology Director SUBMITTED I SUBJECT: Interlocal Agreement between St. Lucie County and Fort Pierce Utilities Authority (FPUA) Attachment A BACKGROUND: The Interlocal Agreement (Attachment A) allows St. Lucie County the ability to utilize a local vendor, Fort Pierce Utilities Authority (FPUA), to provide communication lines ie; Internet, Fiber Optic Cabling and Data Circuits to various County facilities. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of the Interlocal Agreement the (Attachment to A) for documents as Fort Pierce Utilities Authority (FPUA) and authorization approved by the County Attorney. COMMISSION ACTION: (X) APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Coo rdinatioNSianatures CONCURRENCE: Faye W. Outlaw, MPA County Administrator OMB Director ( ) County Attorney ( ),,.� Budget Analyst 1J3 (Name) Heather Lueke (Name) ERD ( ) Originating Dept. (O*etzel (Name) Information Technology MEMORANDUM I u: Board of County Commissioners FROM: Dennis Wetzel, Dire or Information Technology - DATE: 12/08/09 SUBJECT: Interlocal Agreement between St. Lucie County and Fort Pierce Utilities Authority (FPUA) Attachment A ITEM NO. VI-H1 Background: Fort Pierce Utilities Authority (FPUA) to provide communication lines ie; Internet, Fiber The Interlocal Agreement (Attachment A) allows St. Lucie County the ability to utilize arence where Optic cabling local vendor, and Data Circuits to various County facilities. The Agreement would provide local pre fe communication lines are available from a local vendor (FPUA) to BOCC facilities. A cost savings and cost reduction may be possible up to 50% less over the current cost for communication lines. Previous Action: N/A Recommendation: Board approval of the Interlocal Agreement (Attachment A) for Fort Pierce Utilities Authority (FPUA) and authorization for the Chairman to sign documents as approved by the County Attorney. Ir DRAFTS printed 1113012009 3:04:19 P 111301 009 1n. c2.2o 4 1 INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT made and entered into this day of , 2009, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "County" and FORT PIERCE UTILITIES AUTHORITY, an authority created and established by the City Commission of the City of Fort Pierce, Florida, hereinafter referred to as "FPUA". by Ff herei 7. the )F id 5 Is and ✓el Keeping the wenite upaatea wan new ana moaitiea services. oervice oeiaiis shall be described on the Sales Order for each Service, which details shall supersede any conflicting description found on the website. This Agreement shall otherwise be governed by the terms and conditions as set out below: Signed or Initialed: for County for FPUA Date: INTERLOCAL AGREEMENT between ST LUCIE COUNTY & FPUA - Page 1 of 8 1 DRAFTS printed 1113012009 3:04:19 PM' 13#A 0 4 cz.49 4 M FPUAnet Communications Services Terms and Conditions for St. Lucie County Government 1. GENERAL (A) Introduction FPUAnet Communications services are provided by the FPUAnet Communications division of Fort Pierce Utilities Authority ("FPUA"), Ft. Pierce, Florida, USA and the terms, FPUA, and FPUAnet service marks that may be used interchangeably in this Agreement. By using this Service or by establishing an account, "you", also called the "County" herein, St. Lucie County, agree to be bound by this Agreement, and to use the Service in compliance with this Agreement, and the Acceptable Use Policy - Government Agencies, available on the World` Wide Web at http://www.fpuanet.com/policies.htm1; as well as Sales Orders) (if any) by which you ordered your Service(s); and any other relatd .documents signed by the County. Special notes printed in the Sales Order prior to execution by both parties shall supersede the corresponding language of this Agreement. FPUA may update website documents from time to time,,and will publish the current version on the above website. FPUA will notify you that such revisions have been published. If you agree or do not agree to any future revisions of website documents, and you have a current Sales Order, you shall notify FPUA in writing within 90 days after the notice of revision. If you have thus notified FPUA that you do not agree or if you do not notify, FPUA in writing that you do agree and have a current Sales Order that has;been executed prior to the revision date, the revision to which you have reported objection will not apply for the duration of the current term of your Sales Order. (B) Definitions "Network" shalt refer to the linked communications system created by the installation of fiber optic "cables, other cables, and wired or wireless devices owned by FPUA. "Demarcation" shall refer to the point of connection on FPUA's connector or wireless - transceiver -connected antenna at the end of FPUA's Network that connects to the mating connector or antenna of your network, which may be further defined in the Sales Order. 2. SERVICES (A) In consideration for the payments to be made by you, pursuant to the terms of each Sales Order and this Agreement, the Service Provider ("FPUAnet"), will provide your device or network with the Service, as described in the Sales Order, for general uses via FPUA's Internet backbone and/or Network facilities, which are operated seven days per week, twenty-four hours per day. Signed or Initialed: for County for FPUA Date: INTERLOCAL AGREEMENT between ST LUCIE COUNTY & FPUA - Page 2 of 8 DRAFTS printed 1113012009 3:04:19 PH 19012009 In, ca. 9 4 1 (B) FPUA shall install and maintain all portions of its Network up to the Demarcation Point. FPUA shall give you at least 10 business days notice prior to the date of any scheduled, non -emergency work on the Network that may affect the Service. (C) Except as modified in the Sales Order, you will provide FPUA with ingress and egress to your real property from the public right of way, for the installation to each Demarcation Point. You will be responsible for all costs associated'`with any building modifications, conduit installation from the right of way or on the;premises, and location marking of both ends of this conduit. If requested by FPUA, you must provide access to FPUA or its designate to allow inspection of your connection frame and attached or wireless equipment, to insure its compatibility with the Network and to verify usage of Network resources. Whether or not the premises are owned by you, you shall obtain all necessary approvals, including easements where applicable from the owner which will allow FPUA to locate, install and maintain its equipment, including for emergencies, and, to remove its equipment, cable and wire in the event of your default of any of the `provisions of this Agreement or at the termination of this Agreement. FPUA retains the right to leave and use any of its equipment, cable and wire in place beyond Service termination, until FPUA decides to remove part or all of it. (D) Any unscheduled outage of the Service will require FPUA to perform emergency repairs. You agree to report the outage on the website at www.fpuanet.com, whenever possible; otherwiseby telephone to FPUA's 24-hour/7-day emergency repair -crew dispatch number (currently 772-466-1600 ext. 6209). FPUA will remotely troubleshoot and, if necessary, dispatch repair crew personnel for emergency dispatch 24 hours 'a day, seven days a week, and shall not be prohibited from contracting for the repair when deemed necessary. FPUA shall use reasonable best efforts to have its first maintenance person at the site requiring an'emergency repair within four hours after the fault is identified and dispatch is deemed necessary. FPUA will attempt to restore the Service no later than six,,hours after the fault is identified. FPUA retains the right to charge you for time and materials expended, resulting from any County reports of system outages that are not faults of the Service, such as County's equipment failure. 3.""SERVICE LEVEL ASSURANCE (SLA) The SLA for each Service type shall be found on the worldwide web at ww.fpuanet.com , and may be printed and attached to any Sales Order prior to execution. In such cases, the SLA shall be initialed by the signers of the Sales Order. 4. THE FPUA EQUIPMENT Signed or Initialed: for County for FPUA Date: INTERLOCAL AGREEMENT between ST LUCIE COUNTY & FPUA - Page 3 of 8 DRAFTS printed 1113012009 3: 04:19 PM" 13OV2009 104349,4111 (A) Equipment provided by FPUA ("the Equipment") for the Service is owned by FPUA and is to be returned to FPUA upon termination of the Service, unless otherwise stated in the Sales Order. (B) FPUA agrees to keep the Equipment in good repair for the duration of the Service. Except as modified in the Sales Order, you grant to FPUA and its agents four (4) rack units, or equivalent wall or shelf space at each Demarcation, electricity and access to operate and service FPUA equipment, as needed. (C) You will protect the Equipment and premises cabling, and be responsible for any damage to or loss of the Equipment and premises cabling;.,including the result of abuse or negligence of the County until it is returned to FPUA. FPUA recommends inclusion of this equipment in your insurance coverage. . (D) This warranty is in lieu of all other warranties, express or implied, including but not limited to any implied warranties of merchantability or fitness for a particular purpose. (E) You agree to return the Equipment within:? days after' termination of the Service, and to immediately pay the fair market value for any part of the Equipment not returned to FPUA within that 7-day period. Fair market value will be reasonably determined at FPUA's sole discretion. (F) If FPUA damages your,premise maintenance, FPUA will comper actual and documented costs, of 5. PAYMENT remises") during the Service installation or s owner of the Premises for reasonable, 3ry repair. (A) In consideration for, the Service to be provided by FPUA, you shall pay fees to FPUA, including a monthly fee, in advance and in accordance with the Sales Order, e>• in the:.absence of a Sales Order, FPUA's applicable fee schedule or price list,_ ist After the first "three months of service, the monthly service rate will be adjusted each'March'; based on the percent Annual change in the CPI report, "U.S. All ;,,:items, 1982-84=100 - CUUROOOOSAO" available from USDOL Bureau of Labor Statistics (http://data.bls.gov/cgi-bin/surveymost?bls). You shall also pay appropriate deposits and late payment fees in accordance with the then -current security deposit, credit and collection policies of FPUA, and any sales tax, Communications Services tax, or any taxes or other fees required by applicable 'law. To the extent permitted by law, the parties agree to make all reasonable efforts to cooperate and to provide assistance to one another in an attempt to obtain all available exemptions from any taxes to which any party may be subject as a result of entering into this Agreement. Signed or Initialed: for County for FPUA Date: INTERLOCAL AGREEMENT between ST LUCIE COUNTY & FPUA - Page 4 of 8 r DRAFTS printed 1113012009 3: 04:19 PM" i 012009 4. 3 2o M (B) Payment shall be due in accordance with your monthly bill. Three billing options are available: i. Include Communication Services charges on your monthly paper invoice. This option is available at no extra charge if you receive a paper invoice for electric, water, wastewater, gas or other FPUA utilities. If you do not already receive a paper invoice, a monthly processing fee may be added. ii. Automatic bank draft using FPUA's EZPay service. There is no extra charge for this option. EZPay authorizes FPUA to make automatic monthly charges each calendar month against your bank account. This authorization shall be cancelable by you via written notice to FPUA, delivered by email, facsimile transmission or United States Mail (First Class, postage prepaid). To sign up, go to FPUA's Payment Options page at hftp://www.fpua.com/mybusiness/payment.html. iii. Automatic credit card payments. FPUA reserves the right to pass on to you a third party "convenience fee", if any, fof credit card payments. For current details, go to the Online Services, page at hftp://www.fpua.com/OnlineServices/, or call Customer Service at 466- 1600. 6. TERM OF AGREEMENT (A) The initial Term of this Agreement is one hundred twenty (120) months, and the maximum Service Term defined on any.Sales Order shall be limited to 60 months. However, if a Sales Order is executed after the effective date of this agreement, and, if the Service Term of that Sales Order extends beyond the current Term of Agreement, then the. Term of Agreement shall automatically become extended to the end of the Service Term'`of the Sales Order. At the end of the Term of Agreement, each, Service and Agreement will continue on a month -to -month basis until terminated with, at least 30 days notice by either party, or renewed by written agreement of both parties, unless otherwise stated on the Sales Order. (B) If the FPUA materially defaults in performance of any duty or obligation imposed by this Agreement, you may terminate the Service(s) affected by the default after giving written notice to FPUA specifying the existence and nature of the default, and,giving FPUA thirty (30) days from the effective date of the notice to cure the default. Events of material default by FPUA shall include, but are not limited to, failure to perform its duties hereunder three or more times within any calendar month. If you terminate one or more Services for such fault of FPUA, in accordance with this paragraph, you will not be obligated to pay any monthly Service charges, beyond the month in which you terminate, for the balance of the Service Term. (C) FPUA may suspend or terminate any affected Service(s) upon no less than thirty (30) days prior notice, and Service suspension under this section shall not release Signed or Initialed: for County for FPUA Date: INTERLOCAL AGREEMENT between ST LUCIE COUNTY & FPUA - Page 5 of 8 R DRAFTS printed 1113012009 3: 04:19 PH 14a12009 104349,441 you from your monthly payments or other obligations for the remainder of the Service Term for the affected Service, upon (i) your failure to pay any amounts invoiced hereunder within forty-five (45) days after the date of the invoice; or (ii) your failure or refusal to cure any breach of any Sales Order, including this referenced Agreement (other than as mentioned above) within thirty (30) days after notice of such breach has been given by FPUA to you. If such failure, which caused FPUA to give notice of suspension or termination, is cured by.you within the time periods provided for in this paragraph, such notice shall not be effective and the affected Service shall continue without interruption. (D) You may terminate any Service(s) prior to the completions of the full Service Term for that Service, if all of the following conditions are met: i. A non -recurring set-up fee of 33% of the Service's share of the estimated cost of connecting the Service location has_been„charged on the Sales Order and paid. ii. The first 25% of the Service Term has been `fulfilled.' iii. You give FPUA at least 60 days notice o�yourtermination of the Service. iv. You pay an early termination fee equal „to the monthly rate for the Service for an additional 25% of the term, in months. v. All of the balance on your account has been paid, including the fees described in this section 6.(D) and in paragraph 4 of this Agreement. 7. NO ARCHIVAL SERVICES This Service DOES NOT include storage or backup services for your data. FPUA shall have no responsibility for your failure to backup, or loss of any of your data. You are responsible for providing any,archival history services with respect to your data, whether created by you or a third party. 8. DISCLAIMER OF.INARRANTIES FPUA exercises no contr6l1 whatsoever over the content, accuracy or quality of the information passingthrou4, l' its Network or any products ordered by you via its Network. The information or products obtained by you through the Service are provided "as is" without a'hy-,, ►rrarrarfties `hatsoever, expressed or implied. 9. ,LIM).TATION OF LIABILITY In no event: shall either party be liable to the other for any consequential or special darnaes arising out of or in relation to this Agreement or the Service, including, but not limited to, damages incurred by you resulting from loss of data due to delays, non - deliveries, mis-deliveries or interruptions in Service, regardless of the cause. 10. FORCE MAJEURE Neither party shall be considered in default of its obligations hereunder if performance of such obligations is prevented or delayed by acts of God, government, war, riots, acts of civil disorder, labor disputes, failure or delay of transportation or such other causes as are beyond such party's reasonable control. Signed or Initialed: for County for FPUA Date: INTERLOCAL AGREEMENT between ST LUCIE COUNTY & FPUA - Page 6 of 8 DRAFTS printed 1113012009 3: 04:19 PM"A0440a 4 . a a. 9A M 11. ASSIGNMENT No party to this Agreement may assign its rights or delegate its duties hereunder, in whole or in part, without the prior, written consent of the other parry. 12. CONSTRUCTION Any word in this Agreement shall be read either as singular or plural, and as either masculine, feminine, or neuter gender, as the context may require. Captions are incluc for convenience only, and shall not be construed to limit, expand, or otherwise modify text of this Agreement in any manner. Each party assumes equal responsibility for the drafting of this Agreement and this Agreement shall not be construed more strongly against one party or the other on the basis of which party drafted or prepared it or any portion of it. 13. NOTICES Any notice permitted or required by this Agreement shall ,be in writing and shall be either delivered in person; mailed by United States Mail, certified with return receipt requested and all postage prepaid; delivered by Federal Express, UPS or other widely recognized overnight courier services; or delivered by facsimile or electronic transmission with confirmation of receipt. Notice sent by certified mail shall be effective on the third business day following postmark, whether or not actually received, if properly addressed with postage prepaid. Notice delivered in person shall be effective upon delivery. Notice sent by overnight courier service, properly addressed with all charges prepaid, shall be effective at 5:00 PM on the next business day following placement of the notice in the hands of the courier service for delivery. Notice sent by facsimile or electronic transmission, properly addressed, shall be effective at 5:00 PM on the next business day following confirmation of receipt. Address notices to: (A) To FPUA: Director of Utilities Fort Pierce Utilities Authority 113 North 2nd Street (34950) PO Box 3191 Fort Pierce, FL 34948-3191 (B) To the County: County Administrator Board of County Commissioners for Saint Lucie County 2300 Virginia Ave Fort Pierce, FL 34982-5652 14. GOVERNING LAW This Agreement shall be construed under the laws of Florida, and as applicable, of the United States of America. Venue for any action or proceeding arising out of this Agreement shall be in Florida. Signed or Initialed: for County for FPUA Date: INTERLOCAL AGREEMENT between ST LUCIE COUNTY & FPUA - Page 7 of 8 w DRAFTS printed 1113012009 3: 04:19 PM" 3W4#no 4. c s.jn nT IN WITNESS WHEREOF, the parties have caused these presents to be executed, by their respective officers thereunto duly authorized, on the day, month and year first above written. Contract is invalid unless signed by the Fort Pierce Utilities Authority Board Chairman. ATTEST: Deputy Clerk FORT PIERCE UTILITIES AUTHORITY: Chairman APPROVED AS TO FORM AND CORRECTNESS: By: Fort Pierce Utilitiies,A Attorney BOARD OF COUNTY ST. LUCIE COUNTY, BY: Chairman APPROVED AS TO FI BY: Secretary Attorney Signed or Initialed: for County for FPUA Date: INTERLOCAL AGREEMENT between ST LUCIE COUNTY & FPUA - Page 8 of 8 ITEM NO. VI-H2 DATE: 12/08/09 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Stephen Barber SUBMITTED BY: Information Technology Manager SUBJECT: Contract with R & S Integrated Products & Services, Inc. BACKGROUND: The Laserfiche system is a document imaging system purchased in the year 2000. It is utilized by the BOCC departments for scanning, storage and retrieval of documents. R & S Integrated is requesting a new agreement in the amount of $26,156.00 for 1 year, with 2 — 1 year renewals. The Laserfiche is a proprietary system that requires ongoing support (maintenance) from R&S Integrated. Pursuant to the purchasing manual Section 5.5.a.4 of the County purchasing manual: "If the request is for a service contract for the maintenance, repair, or servicing of existing facilities or equipment owned or leased by the County" the formal bidding process has been waived. FUNDS AVAILABLE: 001-1955-534110-100 Information Technology PREVIOUS ACTION: October 10, 2000 - Contract #C00-10-041 for Initial Purchase RECOMMENDATION Board approval to enter into a contract with R & S Integrated Products and Services, Inc. for Laserfiche software support and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: QQ APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA Approved 5-0 County Administrator Coordination/Signatures County Attorney ( ) , OMB Director ( )� r, f .. Budget Analyst Heather Lueke Marie Gouin Robert O'Sullivan Originating Dept. ( )-<7: - 1 .�� ERD ( ) en Barber Dennis Wetzel (Name) Inf ormation Technology MEMORANDUM TO: Board of County Commissioners THROUGH: Dennis Wetzel, Direct Information Technol` ' FROM: Stephen Barber, Manager Information Technology DATE: 12/08/09 SUBJECT: Contract with R & S Integrated Products & Services, Inc. ITEM NO. VI-1-12 Backaround: The Laserfiche system is a document imaging system purchased in the year 2000. It is utilized by the BOCC departments for scanning, storage and retrieval of documents. R & S Integrated is requesting a new agreement in the amount of $26,156.00 for 1 year, with 2 —1 year renewals. The Laserfiche is a proprietary system that requires ongoing support (maintenance) from R&S Integrated. Pursuant to the purchasing manual Section 5.5.a.4 of the County purchasing manual: "If the request is for a service contract for the maintenance, repair, or servicing of existing facilities or equipment owned or leased by the County" the formal bidding process has been waived. Previous Action: October 10, 2000 - Contract #C00-10-041 for Initial Purchase Recommendation: Board approval to enter into a contract with R & S Integrated Products and Services, Inc. for Laserfiche software support in the amount of $26,156.00 and authorization for the Chairman to sign documents as approved by the County Attorney. COUNTY F L O R{ D A JUSTIFICATION FOR SOLE SOURCE PROCUREMENT Based upon the Purchasing Manual, the proposed procurement described below is being procured pursuant to the guidelines on Sole Source Procurement. A good faith review of available sources has been made and there is only one source for the required supply, services or construction item. We propose to procure the following: Software Support and Maintenance for the document imaging system As sole source procurement from (Name of Company): R & S Integrated Products & Services, Inc. Contact Name: Deanna Porter Phone: 863-709-8044 The basis for this sole source determination and the reason no other vendor is suitable is: Pursuant to the County purchasing manual Section 5.5.a.4: "If the request is Tor a service QUIRIMA lul the maintenance, repair, or servicing of existing facilities or equipment owned or leased by the County" Department/Division =n'L�-,4- on 1hr)c 103y 4-ephe r1 `2crber ObncLgee" Requested By (Print Name) Authorized Signature c� �� L&)e+ze-.l 11 -CA Date 1. Enter description of goods or services to be procurea. 2. Enter name of sole source contracting. 3. Enter the determination and basis for sole source procurement. 4. Attach sole source letter from vendor and department. 5. Attach proposal from vendor with pricing. s Approved ,� 9 Man ement & Budget Director County Administrator G:FORMSASOLE SOURCEUINT Disapproved r Date 1/ /Z4 /a,=/: Date !St. Lucie County Information Technology MEMORANDUM TO: Dennis Wetzel, Director Information Technology FV1 hppkuu p FROM: Stephen Barber, Manager Information Technology & DATE: November 4, 2009 RE: Bid Waiver Request ACTION REQUESTED: Request waiver of the formal quoting process. JUSTIFICATION: The R&S contract for Laserfiche is up for renewal. The contract was for 1 year, with 2 —1 year renewals. We just finished our second 1 year renewal. Laserfiche is a proprietary document imaging system chosen by the County Attorney's Office in year 2000 for the storage and retrieval of documents. It is necessary to keep the Laserfiche contract in force since it is a proprietary system that requires ongoing support (maintenance) from R&S the Laserfiche vendor. WHAT ACTION ACCOMPLISHES: Compliance with Section 5.5.a.4 of the County purchasing manual: "If the request is for a service contract for the maintenance, repair, or servicing of existing facilities or equipment owned or leased by the County". BACKGROUND: Laserfiche was purchased in year 2000 with a contract (C00-10-041) effective date of 10/10/2000 for an amount of $72,817. The contract has been renewed and in force since year 2000. Please see attachments: 1) R&S Integrated Products & Services, Inc. annual invoice #27199 2) Contract C00-10-041 for initial purchase - R&S Integrated Products & Services, Inc. Original Invoice Aw Remit To: P.O. Box 3585 J11111111IJ1111111" QMA"gpw Lakeland, FL 33802-3585 Phone: 863.709.8044 Fax: 863.709.8330 BILL TO: SHIP TO: St. Lucie County Finance Department 2300 Virginia Ave. Ft. Pierce, FL 34982 ITEM LF S40R LF FULLP LF RRP LF PSP LF 978311UP LF97858R Physical Address: 3816 Industry Blvd. Lakeland, FL 33811 DATE INVOICE # 9/17/2009 27199 St. Lucie Information Technologies 2300 Virginia Ave. Roger Poitras Ft. Pierce, FL 34982 P.O. NO. TERMS SHIP VIA Net 15 N/A QTY DESCRIPTION 1 LF Enterprise United Server Priority LSAP 77 LF Full User Priority LSAP 66 LF Retrieval User Priority LSAP 5 LF Snapshot LSAP per user 1 Weblink Enterprise LSAP LF Integrator Toolkit Priorty LSAP **Term 10-1-09 to 9-30-10** ANNUAL SOFTWARE SUPPORT AND MAINTENANCE ONLY - Priority support includes 32 hours of Professional Services CUSTOMER ID RATE 5,768.00 145.00 58.00 26.00 4,385.00 880.00 Total Original Invoice Payments/Credits Balance Due AMOUNT 5,768.00 11,165.00 3,828.00 130.00 4,385.00 880.00 $26,156.00 $0.00 $26,156.00 C 06 -10 -Ulf( CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this /Q day of 66h:�G�, 2000, by and between ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County", and R&S INTEGRATED PRODUCTS & SERVICES, INC. hereinafter referred to as the "Consultant". WITNESSETH: MEREAS, the County desires to retain the professional sulting services of the Counts'ustant tLaserFiche ovide softwaren(the 'SoftwareC) s and and, support for they WHEREAS, the Consultant desires to provide the County with such services. 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 Agreement, it is mutually understood and agreed as follows: 1. GENERAL SCOPE OF THIS AGREEMENT The relationship of the Consultant to the County will be solely that of a consultant. The Consultant is an independent contractor and is not an employee or agent of the County. Nothing in this Agreement shall. be interpreted, to establish any relationship other than that of an independent contractor, between the County and the Consultant, its employees, agents, subcontractors, or assigns, during or after the performance of this Agreement. The Consultant will provide the professional and technical services required for the successful completion of this Agreement in accordance with practices generally acceptable within the industry and good ethical standards. 2. SCOPE OF WORK The scope of work to be performed by the Consultant under this Agreement is to provide consulting services and support for the Software as follows: A. Consulting Services for Setup and training Delivery and setup of hardware and software -1- Installation and setup of software at server and workstations Setup and testing of LaserFiche database Setup and testing of scanners and storage devices Review of current work processes and data sets Develop new work and scanning process 714 Document work process` Develop search indexes with users and managers Setup imaging system with work process and folder/template structure Develop folder and volume structure at server Train users, managers, and County in developed work and system processes Train users and managers in scanner use and maintenance Train County and managers in system use ad maintenance Support system and software for 30 days until software support term starts County Project Manager for County should attend the initial server setup events and several workstations install, R&S will spend at least 8 hours training County project manager in system use, security, backup, and maintenance. Dept. Manager, County Project Manager, and senior users - should attend existing work process review, development of new work process, folder and search index setup, scanner use and maintenance, and user training. System users - should attend development of new work process, scanner use and maintenance, and user training. Project Manager - should attend Weblink server install and setup. B. Support Technical Support R&S is available through office phone, cell phone, website, and email for software technical support; however, R&S will answer these questions as needed (questions such as these should have been covered in initial training). Basic Support 4 hour to next day response, site visit extra, Priority Support When call is made to 4 hour response, 800 number, FTP access to R&S server, one site visit if required for tech support only (no training), tech support cell number. -2- F1 Throughout the term of this Agreement, the Software U rades - Throug raded versions of the software software manufacturer distributes upg onsibility of the to eligible accounts. installation atlthehworkstation by running a client. The software is upgraded The software self -extracting program over the network or locally. heNT service or upgraded at the server by first stopping is upg a self extracting program the rprogram wand Novell NLM, and ru running include '"patches" or locally. upgrades sometimes new features. 60% Upgrade policy County decides to upgrade the LaserFiche the upgrade policy is as follows: When the server and user license, R&S To upgrade system and server to more concurrent t ccost ) 60% of past will credit °r d°UitepurdePartmentse mspends $5,000 on LaserFiche software investment, is upgraded to more users, costs are software; when system discounted by 60% or $3,000 (from above listed price). Support costs are upgraded by prorating the amount used by the month and crediting account with remaining dollars. County will provide LaserFiche server maintenance and backup, workstation and server LaserFiche upgrade installs, and project contact for LaserFiche server system support. 3. PROJECT MANAGER The Project Manager for the is Robert Porter? 462-1760. The Project Manager for the Consultant the Primary Project Contact is Deanna Porter both at (863) 683- 9383. The parties shall direct all matters arising in connection with the performance of this thee Project other Managers foroices and attempted notices, to the attention o gers S resolution or action. The Project TheaProject aManagers sshallbbe for overall resolution or action. responsible for overall coordination and oversight relating to the performance of this Agreement. 4, TERM nt with respect to the support shall The term of this Agreeme be for one year from 30 days after the software has been installed- -3- 5. COMPENSATION The Consultant shall be compensated for all services rendered under this Agreement in an amount not to exceed, exclusive of duly executed Change Orders, as follows: A. Support: nine thousand six hundred ninety dollars and no/100 dollars ($9,690.00); B. Set Up and Training: sixty three thousand one hundred twenty seven and no/100 dollars ($63,127.00). All payments shall be based on invoices approved by the County Project Manager. Presented to and 6. DEFAULT; TERMINATION A. FOR CAUSE If either party fails to fulfill its obligations under this Agreement in a timely and proper manner, the other party shall have the right to terminate this Agreement by giving written notice of any deficiency and by allowing the party in default seven (7) calendar days to correct the deficiency. If -the defaulting party fails to correct the deficiency within this time, this Agreement shall terminate at the expiration of the seven (7) calendar day time period. With regard to The Consultant, the following items shall be considered a default under this Agreement: (1) If the Consultant should be adjudged bankrupt, or if he, or it, should make a general assignment for the benefit of his, or its, creditors, or if a receiver should be appointed on account of his, or its, insolvency. (2) If the Consultant should Persistently refuse or fail, except in cases for which an extension fptime dis Provided, to provide the services contemplated by this Agreement. (3) If the Consultant disregards laws, ordinances, or the instructions of the Project Manager or otherwise is guilty of a substantial violation of the provisions of the Agreement. In the event of termination, the Consultant shall only be entitled to receive payment for work satisfactorily completed rior to the termination date. P B. WITHOUT CAUSE -4- I Either party may terminate the Agreement without cause at any time upon fifteen (15) calendar days prior written notice to the other party. In the event of termination, the County shall compensate the Consultant for all authorized work satisfactorily performed through the termination date. 7. FORCE MAJEURE Neither party shall be liable to the other for failure to perform its obligations hereunder if and to the extent that such failure to perform results from causes beyond its reasonable control (financial difficulty shall not be considered a cause beyond a party's control), all of which causes herein are called. "Force Majeure", including, but without being limited to, strikes, lockouts, or other industrial disturbances; fires; unusual climatic conditions; acts of God; acts of a public enemy; or inability. to obtain transportation or necessary materials in the open market. The party unable to perform as a result of force majeure promptly shall notify the other of the beginning and ending of each such period, and County shall compensate Consultant at the rates set forth herein, for the services performed by Consultant hereunder, up to the date of the beginning of such period. If any period of force majeure continues for thirty (30) days or more, either party shall have the right to terminate this Agreement upon ten (10) days prior written notice to the other party. 8. ASSIGNMENT The County and Consultant each binds itself and its successors, legal representatives, and assigns to the other party to this Agreement and to the partners, successors, legal representatives, and permitted assigns of such other party, in respect to all covenants of this Agreement; and, neither the County nor the Consultant will assign or transfer its rights and obligations in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be a party hereto. 9. AUDIT The Consultant agrees that the County or any of its duly authorized representatives shall, until the expiration of three years after expenditure of funds under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Consultant involving transactions related to this Agreement. The Consultant agrees that payment(s) made under this Agreement shall be subject to reduction -5- for amounts charged thereto which are found on the basis of audit examination not to constitute allowable costs under this Agreement. The Consultant shall refund by check payable to the County the amount of such reduction of payments. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or three years after completion of the project and issuance of the final certificate, whichever is sooner. 10. PUBLIC RECORDS The Consultant shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter. 119, Florida Statutes, and made or received by the Consultant in conjunction with this Agreement. 11. PROHIBITION AGAINST CONTINGENT FEES The Consultant warrants that it has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this Agreement, and that he has not paid or agreed to pay any persons, company, corporation, individual or firm, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, gift or any other consideration, contingent upon or resulting from the award of making this Agreement. 12. ATTORNEYS' FEES AND COSTS In the event of any dispute concerning the terms and conditions of this Agreement or in the event of any action by any party to this Agreement to judicially interpret or enforce this Agreement or any provision hereof, or in any dispute arising in any manner from this Agreement, subject to the provisions of Section 768.28, Florida Statutes and in no way altering the extent of the County's liability under 768.28, Florida Statutes, the prevailing party shall be entitled to recover its reasonable costs, fees and expenses, including but not limited to, witness fees, expert fees, consultant fees, attorney, paralegal and legal assistant fees, costs and expenses and other professional fees, costs and expenses, whether suit be brought or not, and whether any settlement shall be entered in any declaratory action, at trial or on appeal. 13. NON DISCRIMINATION The Consultant covenants and agrees that the Consultant shall not discriminate against any employee or applicant for employment MM to be employed in the performance of the 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. 14. VERIFICATION OF EMPLOYMENT STATUS The Consultant agrees that it shall bear the responsibility for verifying the employment status, under the Immigration Reform and Control act of 1986, of all persons it employs in the performance of this Agreement. 15. NOTICE All notices, requests, consents, and other communications required or permitted under this Agreement shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to: As To County: St. Lucie County Administrator Administration Annex 2300 Virginia Avenue Fort Pierce,. Pierce, FL 34982 As To The Consultant: R&S Integrated Products & Services 620 South Florida Avenue Lakeland, FL 33801 With A Copy To: St. Lucie County Attorney Administration Annex 2300 Virginia Avenue Fort Pierce,. Pierce, FL 34982 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered (a) on the date delivered if by personal delivery, (b) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. 16. COMPLIANCE WITH ?SAWS The Consultant, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and -7- regulations relating to the performance of this Agreement. The County undertakes no duty to ensure such compliance, but will attempt to advise Consultant, upon request, as to any such laws of which it has present knowledge. 17. NON -WAIVER The rights of the parties under this Agreement shall be cumulative and the failure of either party to exercise properly any rights given hereunder shall not operate to forfeit any of the said rights. 18. CONFLICT OF INTEREST The Consultant 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. The Consultant further represents that no person having any interest shall be employed for said performance. The Consultant 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 Consultant'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 Consultant 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 Consultant. The County agrees to notify the Consultant of its opinion by certified mail within thirty (30) days of receipt of notification *by the Consultant. If, in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Consultant, the County shall so state in the notification and the Consultant 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 Consultant under the terms of this Agreement 19. LITIGATION SERVICES It is understood and agreed that the Consultant's services under this Agreement do not include any participation, whatsoever, in any litigation. Should such services be required, a supplemental agreement may. -be negotiated between the County and the Consultant describing the services desired and providing a basis for compensation to the Consultant. 20. DISPUTE RESOLUTION Any disputes relating to interpretation of the terms of this Contact or a question of fact or arising under this Contract shall be resolved through good faith efforts upon the part of the Contractor and the County or its Project Manager. At all times, the Contractor shall carry on the work and maintain its progress schedule in accordance with the requirements of the Contract 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 Administrator 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. 21. MEDIATION Prior to initiating any litigation concerning this Contract, 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 mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. 22. INTERPRETATION; VENUE This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may only be amended by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by the laws of the State of Florida. In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Nineteenth Judicial circuit for St. Lucie County, Florida, for claims under state law and the Southern District of Florida for any claims which are justiciable in federal court. mom IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated on the day and year first above written. r BOARD OF COUNTY COMMISSIONER$y-'- ' ATTEST: GO UN� ST . LU IEf jCOUNTY%� FLORIDA Joe WITNESSES: C:\WINDOWS\TEMP\R&S OO.WPD AS TO FORM AND !SS: COUNTY ATTORNEY R&S INTEGRATED PRODUCTS & SERVICES, INC. BY: �• Print Name: ,+' e . Plitt c JL' Title: RZ91-D&Zr -10- Dennis Wetzel From: Stephen Barber Sent: Monday, October 12, 2009 1:46 PM To: Dennis Wetzel Subject: RE: R&S Laserfiche Invoice Attachments: ST Lucie 09-10 cost comparisons.pdf; Premium and Basic LSAP.pdf; pricelistfor_Team_United 6-15-09.pdf Dennis, Deanna Porter responded to my request for options to reduce Laserfiche costs: Steve, I have attached the differences between Priority/Premium and Basic ISAP. Also, there is comparisons between both levels of support using both Miami Contract costs and Laserfiche Costs. Please call or send a message if there are any questions. Regards, Deanna Porter We receive the same reduced rates as the City of Miami contract. Rates on most items have not increased since 2005. However, Laserfiche has increased their rates twice since 2005. We can reduce costs by reducing support to "Basic", responses on support issues within 24 hours. We previously had "Basic" but switched to "Priority" since we weren't getting everything we needed with "Basic". I attached documents with cost comparisons between what we are being invoiced and what Laserfiche lists as their current rates. I already gave you a Bid Waiver memo with the invoice attached. Melissa Simberlund said that Marie would need to approve the Bid Waiver request and request for a new contract. Melissa said she would create the new contract. It appears that we are getting the best rate possible without reducing licenses or support. Last year John and I reviewed licenses and discontinued several that weren't being used, with the agreement that they could be used in the future if needed. Please advise how you would like to proceed. Steve Barber Applications Division Manager St. Lucie County BOCC - Information Technology 2300 Virginia Avenue Fort Pierce, FL 34982 772-462-1763 office 772-528-7785 cell 772-462-1443fax barbers stlucieco.ors Please Note: Florida has very broad public records laws. Most written communications to or from County officials regarding County business are public records available to the public and media upon request. It is the policy of St. Lucie County that all County records shall be open for personal inspection, examination and or copying. Your e-mail communications will be subject to public disclosure unless an exemption applies to the communication. If you received this email in error, please notify the sender by reply e-mail and delete all materials from all computers. 1 0 0 e m r y r r r It LA I T T oo00W fW WW ou C W r r r r r r i y T T T T T T o m C =!a CT N C N ; n j = < N m m D r C (A0n ro LA Do m'7. 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( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: William Hoeffner�/�/ SUBMITTED BY: Grants/Disaster Recovery Director SUBJECT: St. Lucie County Regional History Center — Waiver of Entrance Fees BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board approval to waive the admission fee to the St. Lucie County Regional History Center from December 12, 2009 through December 19, 2009 for visitors who donate a new, unwrapped toy to Toys For Tots. COMMISSION ACTION: APPROVED ( ) OTHER ( ) DENIED Approved 5-0 Coordination/Signatures County Attorney (X) Daniel McIntyre Originating Dept. (X) illiam Hoeffner CONCURRENCE: Faye W. Outlaw, MPA County Administrator ST. LUCIE COUNTY GRANTS / DISASTER RECOVERY DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: William Hoeffner 0/501 Grants and Disaster Recovery Director DATE: December 8, 2009 SUBJECT: St. Lucie County Regional History Center — Waiver of Entrance Fees. ITEM NO. VI —11 Background. December will be the last month of the St. Lucie County Regional History Center's Florida Girls and Bovs and their To exhibit. The exhibit has been very successful. To end it on a high note, the History Center would like to waive the admission fee to the History Center from December 12tn through December 19tn for visitors who donate a new, unwrapped toy to Toys For Tots. Visitors who do not bring a toy will be charged regular admission. School tours scheduled for that week will continue to pay regular admission. St. Lucie County Toys for Tots will provide drop-off containers, posters and other materials. The History Center also will hold its Christmas program in the Register -Gardner House on Dec. 12tn Recommendation Board approval to waive the admission fee to the St. Lucie County Regional History Center from December 12, 2009 through December 19, 2009 for visitors who donate a new, unwrapped toy to Toys For Tots. TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: (� APPROVED ( ) OTHER AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Grants / Disaster Recovery Silver Line Plastics - Letter of Intent See attached memorandum. 001-5215-582000-500 County Job Incentive N/A ITEM NO. VI-12 DATE: 12/08/09 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) PRESENTED BY: William Hoeffnere / Director �%%" Board authorization for the County Administrator to send a Letter of Intent to offer Silver Line Plastics: (1) Subject to Board approval at a public hearing, an Ad Valorem Tax Abatement phased over six years contingent upon Silver Line Plastics making a capital investment in St. Lucie County of approximately $5,000,000 for building improvements and equipment and Silver Line Plastics employing 44 persons at an average hourly wage of $16.39 (Estimated Value of Tax Abatement = $146,250). (2) A Job Growth Incentive Grant of $72,600 to be phased over three years subject to Silver Line Plastics employing 44 persons at an average hourly wage of $16.39. ( ) DENIED Approved 5-0 County Attorney ( ) & Daniel McIntyre Originating Dept. ( ) A4�z V)ffliarn Hoeffner CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director Budget Analyst O "'VGuih Patricia Marston ST. LUCIE COUNTY GRANTS / DISASTER RECOVERY DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: William Hoeffner, Grants/Disaster Recovery Director Alk DATE: December 8, 2009 SUBJECT: Silver Line Plastics - Letter of Intent ITEM NO. VI-12 Backaround: Silver Line Plastics is a plastic extruding company which has purchased the land and building of a prior plastic extruding company that had closed. The property is located on Enterprise Road in an area in close proximity to the County's Public Works site on Edwards and Oleander. Silver Line has made a capital investment of $5,558,741 during 2009. Approximately $1 million of this investment is for land and the remainder is for building improvements. and equipment. Silver Line intends to make additional capital improvements of $175,000 in 2010 and $400,000 in 2011. It is therefore anticipated that their capital investment for building improvements and equipment will total $5,133,741. Silver Line projects employing 24 employees during 2009, 36 during 2010, and 44 during 2011. Silver Line initially indicated its average hourly wage would be $15.69. The Board of County Commissioners, in an informal meeting on October 27, 2009, recommended offering Silver Line Plastics an ad valorem tax abatement and a job growth incentive grant contingent upon Silver Line paying an average salary equal to or greater than the County's average hourly wage. The County's current average hourly wage is $16.39. Attached to this memorandum is a letter (Attachment 1) from Silver Line Plastics Chief Financial Officer which, in the three year projection on the second page of letter, stipulates Silver Line will be pay an average hourly wage of $16.40 during 2010 and an average annual wage of $16.72 during 2011. This agenda item is to request the Board's authorization for the County Administrator to send a Letter of Intent to Silver Line Plastics offering a Job Growth Incentive Grant of $72,600 phased over a three year period and an Ad Valorem Tax Abatement of $146,250 calculated over a six -year period on a declining basis. The Ad Valorem Tax abatement is subject to Silver Line Plastics submitting an application for the abatement, review and report regarding the application by the St. Lucie County Property Appraiser, and approval by the Board of County Commissioners at a public hearing. A draft of the Letter of Intent is attached as Attachment 2. Recommendation: Board authorization for the County Administrator to send a Letter of Intent to offer Silver Line Plastics: (1) Subject to Board approval at a public hearing, an Ad Valorem Tax Abatement phased over six years contingent upon Silver Line Plastics making a capital investment in St. Lucie County of approximately $5,000,000 for building improvements and equipment and Silver Line Plastics employing 44 persons at an average hourly wage of $16.39 (Estimated Value of Tax Abatement = $146,250). (2) A Job Growth Incentive Grant of $72,600 to be phased over three years subject to Silver Line Plastics employing 44 persons at an average hourly wage of $16.39. .. 900 Riverside Drive Asheville, North Carolina 28804 828-252-8755 Fax 285-8901 November 6, 2009 Jackie L. Bylsma Assistant Vice President Economic Development Council of St. Lucie County 1850 SW Fountainview Boulevard Suite 205 Port St. Lucie, FL 34986 Dear Ms. Bylsma, 8801 SW Neal Boulevard Lawton, OK 73505 580-536-5699 Fax 536-2085 I am writing to you on behalf of Silver -Line Plastics, which earlier this year purchased the former Freedom Plastics manufacturing plant on 3206 Enterprise Road in Fort Pierce. As you know, Silver -Line manufactures many types of plastic pipe for a variety of uses, including plumbing, irrigation, electrical conduit, natural gas distribution and geothermal. In addition to Fort Pierce, we have plants in North Carolina and Oklahoma, and sell our products throughout the continental U.S. Silver -Line already had a substantial customer base in Florida prior to the acquisition, but invested in the Fort Pierce plant to move manufacturing operations closer to them. Our initial plans provided to the Economic Development Council called for an investment of $6.1M over a 3-year period, creating 44 jobs. This investment included moving equipment/jobs from our North Carolina facility to Florida based on better economics. As the Commission reviews our application for business incentives (Ad Valorem Tax Abatement, Job Growth Investment Grant), I hope it will consider that these incentives weighed into our decision to make the above investment in Fort Pierce and will influence our future decisions about where it is best for us to produce our products and grow our business. Without a strong commitment from county government, we would need to re-evaluate whether to transfer certain equipment and the associated jobs to Florida. If I can provide further information to support our application, please do not hesitate to contact me. I would also be happy to appear before the Commission at their request. Sincerely, Bill Beard Chief Financial Officer Cc: Ricky Silver, President & CEO Attachment 1 1. Silver -Line Plastics - Ft. Pierce 3-Year Projections 2009 2010 2011 Total Capital Investments $5,558,741 $17S,000 $400,000 $6,133,741 Number of Employees 24 36 44 Average Hourly Wage $15.69 $16.40 $16.72 t December 8, 2009 Mr. Larry Pelton President Economic Development Council of St. Lucie County 1850 SW Fountainview Boulevard, Suite 205 Port St. Lucie, FL 34986 Re: Letter of Intent — Silver -Line Plastics Dear'IVt'F. ��+n` St Lucie CountyJi pleass-d to present to Silver Lme Plastics a based upon a $0,000apital investment and 44 new jobs v $16'D. Assuming Silver, ifie PI 'tcs hires 44 new",empW"N at an a' the"Company is elrjible tdt�ceive a JtSb Gro, Incentive Grant grantu$72,00. It ould k e; phased over a thr( emptayees't ;be hired during each r of',)f a three-year,perioc J G I G grant payment would be negotiated and included in the County and Silver Line Plastics. stimated incentive: package an average hourl;wage of ige hourly wage Of�'$16.40, 3), which is estim�rEed to be ear period. The mimber of d the amount of the,. annual nt agreement between the Ad Valorem Tax Abatement Program It is the County's understanding that Silver -Line Plastics intends to make a capital investment of $5,000,000 for the purchase, renovation and improvement of a manufacturing facility along with new equipment. This investment does not include the value of the land. The estimated benefits of the Ad Valorem Tax Abatement Program, calculated over a six -year period on a declining basis, is $146,250 based upon current tax rates. To be eligible for an ad valorem tax abatement, an applicant must submit a request on an Economic Development Ad Valorem Tax Exemption Application form once a certificate of occupancy is obtained. The applicant's request, once received, will be submitted to St. Lucie County Property Appraiser for review and report. Approval of any request for tax abatement is subject to a public hearing by the Board of County Commissioners. Attachment 2 November 20, 2009 Mr. Larry Pelton Page Two Incentive Summary Job Growth Incentive Grant $72,600 Property Tax Abatement $146,250 Total $218,850 St. Lucie County is very appreciative of Silver -Line Plastics locating to St. Lucie County and potentially creating 44 new jobs for our citizens. We look forward to a long and mutually beneficial relationship. Fay,6,W.Outlaw, ?P Coto#v Administ4tor St D, 1 Attachment 2 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Grants/Disaster Recovery Department SUBJECT: Windstorm Mitigation Grant Application BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001-9910-599301-800 (Emergency Reserves) ITEM NO. VI-13 DATE: 12/08/09 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) PRESENTED BY: Glenn Henderson Grants/Resource Developer PREVIOUS ACTION: N/A RECOMMENDATION: Board authorization to submit a grant application in the amount of $198,873 to the Florida Department of Emergency Management Pre -Disaster Mitigation Program to mitigate three critical County facilities, for windstorm. COMMISSION ACTION: APPROVED ( ) OTHER County Attorney ( ) ( ) DENIED Approved 5-0 Dan McIntyre CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB Director Budget Analyst Grants/Disaster ( ) Central Services Recovery Dept. ,AilffanT Hoeffner y� arie Gouin Robert O'Sullivan Roger Shinn C Recovery COUNTY Department F L O R I D A MEMORANDUM TO: Board of County Commissioners THROUGH: William Hoeffner, Grants/Disaster Recovery Department DirectorJ%� FROM: Glenn Henderson, Grants/Resource Developer l� �� DATE: December 8, 2009 SUBJECT: Windstorm Mitigation of Three County Facilities — Grant Application ITEM NO. VI-13 Background: This agenda item is a request for Board authorization to submit a grant application to the Florida Department of Emergency Management Pre -Disaster Mitigation Program to fund windstorm mitigation for three critical County -owned facilities. The total estimated project cost is $265,164, with $198,873 (75 percent) being requested from FDEM and the County providing $66,291 (25 percent) match. This project includes the Avenue C Health Department, the Logistics Center and the Road and Bridge Department's Heavy Equipment Garage. The Avenue C Health Department project includes a 250 KW generator and electrically -operated roll -down shutters to protect windows. The Heavy Equipment Garage project includes 24 windows that would be upgraded to impact -resistant glass. Similarly, the Logistics Center project includes impact -resistant glass for entrance doors and windows and the addition of a remote -operated door. This grant from the Florida Department of Emergency Management's Pre -Disaster Mitigation Program would provide needed protection for these three critical County facilities and would facilitate rapid response following a storm event. Please note that funds for the County's match have been taken from Emergency Reserves for prior hazard mitigation grants. Recommendation Board authorization to submit a grant application in the amount of $198,873 to the Florida Department of Emergency Management Pre -Disaster Mitigation Program to mitigate three critical County facilities, for windstorm. TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-14 DATE: 12/08/09 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) PRESENTED BY: �9 Glenn Henderson 2v- Grants/Disaster Recovery Department Grants/Resource Developer Indrio Savannas Preserve Habitat Restoration - Grant Application. See Attached Memorandum. N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board authorization to submit a grant application in the amount of $19,278 to the Florida Fish and Wildlife Conservation Commission to improve gopher tortoise and scrub jay habitat in the Indrio Savannas Preserve. COMMISSION ACTION: APPROVED ( ) DENIED ( ) OTHER Approved 5-0 County Attorney ( ) Dan McIntyre CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Silanatures OMB Director Budget Analyst Grants/Disaster ( ) Environmental Recovery Dept. evl- Resources Dept. illiam Hoeffner O MarYe Gouin TaWo a Johnson O k e L. Smith Grants/Disaster Recovery SOU NTYDepartment -w- MEMORANDUM TO: Board of County Commissioners THROUGH: William Hoeffner, Grants/Disaster Recovery Department Director��� `� -- %%,,// FROM: Glenn Henderson, Grants/Resource Developer ,, DATE: December 8, 2009 SUBJECT: Indrio Savannas Preserve Habitat Restoration — Grant Application. ITEM NO. VI-14 Backaround: This agenda item is a request for Board authorization to submit a grant application to the Florida Fish and Wildlife Conservation Commission in the amount of $19,278 to improve gopher tortoise and scrub jay habitat in the Indrio Savannas Preserve. The project will include reduction of saw palmetto stands and a prescribed burn in the preserve's scrubby flatwoods to improve habitat and forage areas while reducing the threat of uncontrolled fires. The Grant does not require matching funds from St. Lucie County. Recommendation Board authorization to submit a grant application in the amount of $19,278 to the Florida Fish and Wildlife Conservation Commission to improve gopher tortoise and scrub jay habitat in the Indrio Savannas Preserve. n V u u uro� O � u •� u ti?it TA ni a ITEM NO. VI —15 DATE: 12/08/09 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: William Hoeffner� SUBMITTED BY: Grants/Disaster Recovery Director SUBJECT: Art in Public Places (AiPP) — Agreement for art services for the Zora Neale Hurston Graveside Pillars project. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 665-7310-567000-700 Work of Art Account. PREVIOUS ACTION: July 14, 2009 Board approval of an amendment to the AiPP Annual Plan. July 14, 2009 Board approval of Budget Amendment 09-029 and Equipment Request 09-38. RECOMMENDATION: Under the circumstances set out in the memorandum, staff recommends the Board waive the call for artists and approve an agreement, in a form approved by the County Attorney, with James Liccione for art services in the amount of $12,000 for the Zora Neale Hurston Graveside Pillars project. COMMISSION ACTION: CONCURRENCE: bC) APPROVED ( ) DENIED ( ) OTHER Approved 5-0 Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney (X) Management & Budget() Daniel McIntyre Originating Dept. (X) Management & Budget iam Hoeffner Marie Gouin Patricia Marston ST. LUCIE COUNTY GRANTS / DISASTER RECOVERY DEPARTMENT MEMORANDUM TO: Board of County Commissioners FROM: William Hoeffner, Grants and Disaster Recovery Director/0 DATE: December 8, 2009 SUBJECT: Art in Public Places (AiPP) — Agreement for art services for the Zora Neale Hurston Graveside Pillars project. ITEM NO. VI - 15 Background: On July 14, 2009, the Board of County Commissioners approved the following in regard to the Zora Neale Hurston Graveside Pillars Project: • an amendment to the Art in Public Places (AiPP) Annual Plan to include the project within the plan, • a budget amendment (BA 09-029) to transfer $12,000 from the AiPP Reserve Account to the Works of Art account to allow for the expenditure of $12,000 for the project, and • an equipment request (EQ 09-38) for the project. It should additionally be noted this project was approved by the Art in Public Places Committee on June 11, 2009. Even though a call to artists is required for projects exceeding $5,000, the former Cultural Affairs Manager gave verbal approval to artist James Liccione to initiate work on the project. Based upon this direction, Mr. Liccione proceeded to start work on the project. Mr. Liccione only recently advised the County of his work completed to date which he values at $8,000. He has submitted photographs of the work completed to date and a statement indicating costs for 490 hours of labor and supplies for $2,800. This agenda item is to request the Board's approval for an agreement with James Liccione for Art Services in the amount of $12,000 for the Zora Neale Hurston Graveside Pillars Project. If the project is also approved by the owners of the cemetery, an agreement will be developed by the County Attorney. Photographs of the proposed pillars are included as Attachment 1. When completed, the relief sculptures will be coated with liquid copper to provide uniformity of color and a bronze, antique look. Recommendation: Under the circumstances set out in the memorandum, staff recommends the Board waive the call for artists and approve an agreement, in a form approved by the County Attorney, with James Liccione for art services in the amount of $12,000 for the Zora Neale Hurston Graveside Pillars project. TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: ITEM NO. VI-16 DATE: 12/08/09 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) BOARD OF COUNTY COMMISSIONERS Grants/Disaster Recovery Department U.S. Department of Energy, Grant Application. See attached memorandum. N/A COMMISSION ACTION: CONSENT (X) PRESENTED BY: Roberta Breene Grants/Resource Developer Energy Efficiency and Conservation Block Grant — N/A Board authorization to submit a funding application in an amount not to exceed $5 million to the U.S. Department of Energy, Energy Efficiency and Conservation Block Grant, Retrofit Ramp -Up and General Innovation Fund Programs, and authorization to sign grant application documents. CONCURRENCE: (y� APPROVED ( ) DENIED __1_) I I—�—� OTHER Faye W. Outlaw, MPA Approved 5-0 County Administrator Coordination/Signatures County Attorney (X � OMB Director (X) ) arie Gouin Daniel McIntyre Originating Dept. (X) i iam Hoeffner c6'u NTY y F L D R I D A TO: Board of County Commissioners THROUGH: William Hoeffner/t. Grants/Disaster Rncgov�ery Director FROM: Roberta Breene &* Grants/Resource Developer DATE: December 8, 2009 Grants/Disaster Recovery MEMORANDUM SUBJECT: U.S. Department of Energy, Energy Efficiency and Conservation Block Grant — Grant Application ITEM NO. VI-16 Background: The proposed application is under Topic 2: General Innovation Fund for the U.S Department of Energy's (DOE) Energy Efficiency and Conservation Block Grant (EECBG), Competitive Solicitation: Retrofit Ramp -Up and General Innovation Fund Programs. Topic 2 applications may be submitted on a number of topics, including: (1) Building Energy Audits; (2) Financial Incentive Programs for Energy Efficiency Improvements; (3) Energy Efficiency Retrofits; (4) Energy Efficiency and Conservation programs for Buildings and Facilities; (5) Building Codes and Enforcement; and (6) Renewable Energy Technologies on Government Buildings. The County's application will focus on energy reduction in residential and commercial properties through a program of weatherization, retrofitting (or replacement) of specific high energy consumption components, and the installation of cost-effective solar thermal and solar electric products. This approach to improve energy efficiency will both reduce energy loss and energy consumption and was chosen because: (1) studies have indicated that there is a large benefit in energy -reduction coming from the retrofit of individual homes and buildings, (2) the approach will spur economic growth and both create and retain jobs — in an area with one of the highest unemployment rates in the nation; and (3) the EECBG program "intends for the cheapest, cleanest and most reliable energy options to be set in motion" and deployed immediately. The majority of the grant funds, plus investment contributions from other banks and government entities, will be used initially to establish a revolving loan fund and subsequently a Community Development Financing Institution (CDFI) to provide low interest loans for energy conservation projects. This is believed to be the first CDFI in Florida to be used solely for energy conservation projects. Due to the revolving loan function of the CDFI, the goal of low interest loans and low administrative costs, the project will be self-sustaining for years to come. Participants will be able to secure low -interest loans and repay them through a voluntary Municipal Service Benefit Unit (MSBU) property assessment. As the project progresses, other target areas will be incorporated into the CDFI, such as the implementation of cost-effective emerging conservation and efficiency technologies and the regional expansion into adjacent counties. Recommendation: Board authorization to submit a funding application in an amount not to exceed $5 million to the U.S. Department of Energy, Energy Efficiency and Conservation Block Grant, Retrofit Ramp -Up and General Innovation Fund Programs, and authorization to sign grant application documents. AGENDA REQUEST ITEM NO. VI-J1 DATE: 12/08/09 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Marie M. Gouin SUBMITTED BY: Office of Management & Budget/Purchasing Director SUBJECT: Resoluton 09-352, Changes to Purchasing Manual — Apprenticeship Program BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board approval of Resolution 09-352, Changes to Purchasing Manual — Apprenticeship Program. COMMISSION ACTION: Dc) APPROVED ( ) DENIED ( ) OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator IJ Coordination/Signatures County Attorney ( X) Purchasing Daniel McIntyre Originating Dept. ( ) (Name) ERD (X ) ��Ly' Desiree Cimino (Name) Office of Management & Budget/Purchasing MEMORANDUM TO: Board of County Commissioners E FROM: Marie M. Gouin, Director'h DATE: December 8, 2009 SUBJECT: Resoluton 09-352, Changes to Purchasing Manual — Apprenticeship Program ITEM NO. VI-J1 Background: Resolution 09-352 would create Section 9.8, Apprenticeship Program Requirements, in Section 9, Construction Projects, of the Purchasing Manual. The program would require that, on County -funded construction projects which exceed $300,000, 20% of the craftsmen who are working in specialties for which there are apprentice programs registered with the County shall be apprentices. The apprentices would be students in certified State of Florida Pre-Apprenticeship/Apprenticeship Programs which are located in St. Lucie, Martin, Indian River or Okeechobee Counties and which registered with the County. The apprentice requirement may be waived or modified by the Director of Management and Budget, with approval by the County Administrator and appeal to the Board of County Commissioners, under the following circumstances: 1. upon request of the Contractor, if the Contractor demonstrates that the required apprentices are not available despite a good faith effort on the contractor's part 2. upon request of the Contractor, if the Contractor demonstrates that the available apprentices are not sufficient to meet the required 20% and the Contractor commits to utilizing a specific percentage of apprentices who are available 3. if the County determines it is in the best interests of the County to waive such requirement based on potential savings of money and time or grant requirements. Recommendation: Board approval of Resolution 09-352, Changes to Purchasing Manual — Apprenticeship Program. RESOLUTION 09-352 A RESOLUTION AMENDING THE ST. LUCIE COUNTY MANUAL OF PURCHASING REGULATIONS AND PROCEDURES-, AMENDING SECTION 9 CONSTRUCTION PROJECTS TO CREATE SECTION 9.8 APPRENTICESHIP PROGRAM RE UIREMENTS• PROVIDING AN EFFECTIVE DATE. WHEREAS, on October 7, 1985, the Board of County Commissioners for St. Lucie County, (the "Board") adopted Resolution No. 85-212 which established the purchasing regulations and procedures for St. Lucie County, Florida, as set forth in the St. Lucie County Manual of Purchasing Regulations and Procedures (the "Purchasing Manual"); and since that date the Purchasing Manual has been amended from time to time. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. The St. Lucie County Manual of Purchasing Regulations and Procedures is hereby amended as set out below: 9.8 APPRENTICESHIP PROGRAM REQUIREMENTS Contractors shall be required to comply with the County's Apprenticeship Program, as follows: a. On County -funded construction projects which exceed $300,000, twenty percent (20%) of craftsmen working in specialties for which there are apprentice programs registered with the County shall be apprentices. Such apprentices shall be students in certified State of Florida Pre-Apprenticeship/Apprenticeship Programs which are located in St. Lucie, Martin, Indian River or Okeechobee Counties and which registered with the County. b. A County -registered apprenticeship program is one which has registered with the County and the required documentation, includin provided g but not limited to, proof of certification as an apprenticeship program with the State of Florida and proof of having educational facilities physically located in St. Lucie, Martin, Indian River or Okeechobee Counties. C. Unless the apprenticeship requirement is waived by the County, the failure of the Contractor to demonstrate compliance with this requirement shall result in the Contractor's bid being deemed nonresponsive. d. The apprentice requirement may be waived or modified by the Director of Management and Budget, with approval by the County Administrator, and appeal to the Board of County Commissioners: Upon request of the Contractor, if the Contractor demonstrates that the required apprentices are not available despite a good faith effort on the contractor's part; or ii. Upon request of the Contractor, if the Contractor demonstrates that the available apprentices are not sufficient to meet the required 20% and the Contractor commits to utilizing a specific percentage of apprentices who are available: or in. If the County determines it is in the best interests of the County to waive such requirement based on potential savings of money and time or grant requirements. e. The agreed upon percentage and type of apprentices will be included as a requirement of the construction contract. Failure to meet the terms of the apprenticeship requirement may result in the contractor being found in breach of the contract and subject to possible monetary sanctions. 2. This resolution shall become effective upon adoption. After motion and second, the vote on this resolution was as follows: Commissioner Charles Grande, Chairman XXX Commissioner Doug Coward, Vice Chair XXX Commissioner Chris Dzadovsky XXX Commissioner Chris Craft XXX Commissioner Paula A. Lewis XXX PASSED AND DULY ADOPTED this day of 2009. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney ITEM NO. VW2 DATE: 12/08/09 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT ( X ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: _ !" Marie M. Gouin "I SUBMITTED BY: Office of Management & Budget/Purchasing Director j � SUBJECT: Fixed Asset Inventory -Property Record Removal BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Board authorization to remove fixed assets, as listed on the attached Property Disposition Forms, from the capital asset inventory of the Clerk of Circuit Court. COMMISSION ACTION: (� APPROVED () DENIED () OTHER Approved 5-0 CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures OMB County Attorney (X) Budget Analyst ( ) Dan McIntyre F Purchasing (X) Sandra Morando (Name) (Name) Office of Management & Budget/Purchasing MEMORANDUM TO: Board of County Commissioners FROM: Marie M. Gouin, Director DATE: December 08, 2009 SUBJECT: Fixed Asset Inventory -Property Record Removal ITEM NO. VI- J2 Background: Per Section 18.4 of the Purchasing Manual, staff is requesting authorization to remove the fixed assets, as listed on the attached Property Disposition Forms (pages 1-3), from the inventory of the Clerk of Circuit Court. The items will be disposed of as surplus. Recommendation: Board authorization to remove fixed assets, as listed on the attached Property Disposition Forms, from the capital asset inventory of the Clerk of Circuit Court. Property # Dew 403406 clerk of court 405445 " 405446 " 405447 " 405448 " 405449 " 405450 " 405451 " 405460 " 405488 405763 405781 404978 ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OF TRANSFER PROPERTY TODAY'S DATE: 07/08/2009 71. INVOICE DATE (IF NEW PURCHASE): 2. ACCOUNT # USED TO PURCHASE ITEM (IF NEW PURCHASE): 3. GOVERNMENT NAME, DIVISION, BUILDING, AND ROOM #: St Lucie County Clerk of Court I-, 4. LOCATION CODE: CC0306 c( mAL-1 A)y' 0 PROPERTY RECORD # AND DEPT. TRANSFERRING TO (IF TRANSFERRING 0 DISPOSING oFT: ,, 6. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) 2001 7. DESCRIPTION OF PROPERTY: CopierK� 8. MAKE: Savin 9. MODEL NUMBER: 9935E 10. SERIAL NUMBER: 5206800191 11. METHOD DISPOS L tF DISPOSING OF: JUNK, SURPLUS, SOLD, TRADED, ETC.): (DEPARTMENT HEAD OR AVNORIZED PERSON) THIS FORM IS TO BE USED FOR ALL CAPTIAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FORM ONE DEPT. ANOTHER. A. WHEN PURCHASED AN ITEM, FILL THIS FORM OUT, ATTACH TO THE "INVOICE" AND "RECEIVING" COPY OF P.O. AND SUBMITTO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR.) THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. PwoPl�������� Co. 404978 ST. LUCIE COUNTY PURCHASING DEPARTMENT REPORT OF ACQUISITION/DISPOSITION OR TRANSFER OF PROPERTY TODAY'S DATE 1. INVOICE DATE (IF NEW PURCHASE)' _-... ._.W.___. _....__..__ _ ........_ ................ 2. ACCOUNT NUMBER USED TO PURCHASE ITEM (IF NEW PURCHASE) 3. GOVERNMENT NAME, DIVISION, BUILDING AND ROOM # 4. LOCATION CODE 5. PROPERTY RECORD # TRANSFERRING TO OTHER DEPARTMENT? YES NO IF YES, DEPARTMENT NAME-- 6. DISPOSING OF YES 7. YEAR ACQUIRED (IF TRANSFERRED/DONATED/TRADED, ETC.) 8. DESCRIPTION OF PROPERTY 9. MAKE 10. MODEL NUMBER 11. SERIAL NUMBER 12. METHOD OF DISPOSAL (IF DISPOSING DEPARTMENT HEAD OR AUTHORIZE I NO 0 JUNK,AURPLUS, SOLD, TRADEp, ETC.) v 0�7 N DA E THIS FORM IS TO BE USED FOR ALL CAPITAL EQUIPMENT PURCHASED, DISPOSED OF OR TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER. A. WHEN PURCHASING AN ITEM, FILL THIS FORM OUT, ATTACH TO THE. INVOICE AND RECEIVING COPY OF P.O. AND SUBMIT TO FINANCE FOR PAYMENT, FINANCE WILL SEND TO PURCHASING. (IF YOU ARE NOT SURE OF ANY PART OF THE INFORMATION REQUESTED, YOU WILL NEED TO CALL THE VENDOR). THIS INFORMATION IS EXTREMELY IMPORTANT FOR THE FIXED ASSET RECORDS. B. IF DISPOSING OF OR TRANSFERRING AN ITEM, FILL OUT FORM AND SEND TO PURCHASING. INTRANET:PURCHASING FORMS:PROPERTY DISPOSITION ITEM NO. VII-A — (l DATE: 12/08/09 �COUNTY AGENDA REQUEST REGULAR ( ) PUBLIC HEARING W LEG. ( ) QUASI -JD W CONSENT ( ) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: ;,� 1 Diana Waite, AIC SUBMITTED BY: Growth Management Department Senior Planner SUBJECT: Resolution 09-213, Petition of Home Dynamics Sedona, LLC for a 12-Month Extension of the Final Planned Unit Development (PUD) project known as Sedona PUD. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: June 7, 2005 - Board granted a future land use map change from COM (Commercial) and RU (Residential Urban) to RM (Residential Medium). October 17, 2006 - Board granted Final PUD Site Plan approval and a Change in Zoning to PUD. October 7, 2008 — Board granted Sedona PUD a 12-month site plan extension. RECOMMENDATION: Board adoption of Resolution 09-213 granting a 12-month extension to the Sedona PUD. COMMISSION ACTION: APPROVED ( ) DENIED ( ) OTHER Approved 4.1 Comm. Grande voting no. Coordination/Signatures County Attorney ( ) Daniel S. McIntyre County Engineer ( ) MVP Michael Powley Originating Dept. ( ) Mark �erlee CONCURRENCE: Faye W. Outlaw, MPA County Administrator County Surveyor ( ) Ron Harris ERD ( ) �A �G Karen Smith �1 BOARD OF COUNTY COMMISSIONERS Hearing Date: December 8, 2009 GM File Number BCC 920094009 Applicant Home Dynamics Sedona, LLC 4788 W. Commercial Blvd. Tamarac, FL 33319 954-484-4800 Property Location SW corner of the intersection of South 25th Street and Edwards Road Future Land Use & Zonina RM (Residential Medium) PUD (Planned Unit Develop- ment—Sedona) Staff Recommendation Board adoption of Resolution 09 -213 granting a 12-month site plan extension to the Sedona PUD. Previous Action 06/07/05 - FLU change from COM and RU to RM 10/17/06 - Final PUD approval 10/07/08 - 12-Month Extension Project Staff Diana Waite, AICP Senior Planner 772-462-1577 waited@stlucieco. org aOran Ave 1'• \ l N O W. E Vir inia Ave L� rn su6j.a vroaoft w Edwar_ds,,RD a N., WEATHERB MIDWAY K 0 X N j A _ SEDONA PUD 12-MONTH EXTENSION 0 AGENDA ITEM No. VII-A Location: Southwest corner of the intersection of South 25th Street and Edwards Road. Project Description Background Cont' The Sedona PUD consists of 318 dwelling units to extend the County approved date to on 35.40 acres of property located at the south- October 17, 2010. The applicant has also west corner of the intersection of South 25" submitted a request for the two year ex - Street and Edwards Road. tension proposed in Senate Bill 360. The project provides: • Urban infill development • 134 single family units • 184 multi -family units • 48.7% open space (includes a 2.21 acre recreation area) Background On October 17, 2006, through Resolution 06- 295, this Board granted Final Planned Unit De- velopment (PUD) Site Plan approval and a Change in Zoning for the project known as Se- dona PUD. The first 12-Month extension to the Sedona PUD was granted on October 7, 2008, through Resolution 08-230. On September 10, 2009, the applicant submitted a request for the 2nd extension to the project expiration date, Recommended Board Action Board adoption of Resolution 09-213 granting a 12-month site plan extension to the Sedona PUD. Notice Requirements Public hearing notice was placed in the St. Lucie News Tribune, letters sent to property owners within 500 feet of the subject property, and a sign placed on the property. Further details are found in the attached staff report. Growth Management Department MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Growth Management irecto�* Kristin Tetsworth, Planning Manager FROM: Diana Waite, AICP, Senior Planner )dt- / DATE: December 8, 2009 SUBJECT: Resolution 09-213, Petition of Home Dynamics Sedona, LLC for a 12-Month Extension of the Final Planned Unit Development (PUD) known as Sedona PUD. ITEM NO. VII-A Background: On October 17, 2006, through Resolution 06-295, this Board granted Final Planned Unit Development (PUD) Site Plan approval and a Change in Zoning for the project known as Sedona PUD. The first 12-Month extension to the Sedona PUD was granted on October 7, 2008, through Resolution 08-230. On September 10, 2009, the applicant submitted a request to extend the project's October 17, 2009 expiration date. The applicant has also submitted a request for the two year extension proposed in Senate Bill 360, the legality of which is currently being challenged by several local governments, including St. Lucie County. If the subject extension is granted, the project may be extended from the October 17, 2011 expiration date for an additional two year period through a Senate Bill 360 extension. The applicant's request for a site plan extension states that delays in development of the project are related to multiple reasons, including the low market demand for housing units and the fees required to be paid prior to the recording of the plat or issuance of a building permit. The resolution granting approval of the project requires that prior to these events the applicant enter into an agreement with FPUA. The applicant states the agreement requires prepayment to the utility of approximately $1.6 million. The original approval through Resolution 06-295 also requires prepayment of road impact fees of $700,512, based upon fees per unit established in the resolution. To comply with the County's Public Facilities requirements, an updated traffic impact analysis was provided with the request and staff has determined that adequate capacity remains available for the proposed project. The Sedona PUD consists of 318 dwelling units on 35.40 acres of property located at the southwest corner of the intersection of South 25th Street and Edwards Road. Since the adoption of Resolution 06-295 granting approval to the project the applicant has met the requirements of condition Number 2 of that resolution requiring the submittal and approval of December 8, 2009 Page 2 Subject: Sedona PUD Extension constructible engineering plans. The plans were approved, with conditions, by the Planning Manager on October 17, 2007. As part of the previous extension, Public Works Department Condition Number 4 of the original resolution was modified. The condition was changed to require the applicant, rather than the County, to construct turn lanes on South 25th Street. The South 251h Street widening project is now complete and the applicant is required to submit the engineering plans to the County Engineer for review and approval and construct the required turn lane improvements in the right-of-way. If this petition is approved, all previous conditions of approval, including the modified condition and a condition requiring a landscape/mitigation improvement agreement, will remain in full force and effect. Two new conditions of approval are proposed as part of the subject extension. Condition Number 3 ensures compliance with all federal and state permit requirements and Condition Number 4 addresses the amount of impact fees to be prepaid. Since an amendment to the County impact fees is under review and, if approved, would result in a payment higher than that required in the original resolution, staff is recommending a condition of approval that requires the higher of the impact fee amounts to be paid in full prior to recording the plat or issuance of a building permit. If the proposed Impact Fee ordinance is approved, this project would provide an impact fee payment of $1,193,832. Staff has reviewed the site plan extension request and determined that it meets the provisions of Section 11.02.06(B)(3) of the St. Lucie County Land Development Code. Attached is a copy of a Draft Resolution 09-213 which would grant a 12-month extension for the Final Planned Unit Development known as Sedona PUD. The new expiration date for this project would be October 17, 2010. Staff has verified that the lands are not in foreclosure, the owner is not in bankruptcy, nor are there any building permit or code enforcement issues related to the applicant or the project lands. Recommendation Board adoption of Resolution 09-213 granting a 12-month extension to the Sedona PUD. Environmental Resources iCOUNTY Department Companion Report TO: Board of County Commissioners THROUGH: Karen Smith, Environmental Resources Department Director FROM: Yvette Alger, Environmental Resources Department Amy Mott, Environmental Regulations Division Manager DATE: November 18, 2009 SUBJECT: Resolution 09-213, Petition of Home Dynamics Sedona, LLC for a 12-Month Extension of the Final Planned Unit Development (PUD) project known as Sedona PUD Background The Growth Management Department requested Environmental Resources Department (ERD) input on the applicant's request for Extension of the Final Planned Unit Development approval. ERD coordinated with the applicant and Growth Management during our review. Findings ERD findings have been incorporated into the Growth Management staff report. Recommendations ERD supports the Growth Management recommendation of approval of the proposed Final Planned Unit Development Extension. �J (4AL 4nature RESOLUTION 09-213 2 FILE NO.: BCC 920094009 3 4 5 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. 6 LUCIE COUNTY, FLORIDA, GRANTING A 12-MONTH EXTENSION OF THE 7 FINAL PLANNED UNIT DEVELOPMENT SITE PLAN APPROVAL FOR THE 8 PROJECT KNOWN AS SEDONA PUD. 9 10 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, 11 based on the testimony and evidence, including but not limited to the staff report, has 12 made the following determinations: 13 14 1. On October 17, 2006, through Resolution 06-295, the Board granted approval 15 for the Final Planned Unit Development (PUD) Site Plan known as Sedona 16 PUD. The project consists of 318 dwelling units on 35.40 acres located at the 17 southwest corner of Edwards Road and South 25th Street. 18 19 2. On October 7, 2008, through Resolution 08-230, the Board granted a 12- 20 month extension to the Final Planned Unit Development Site Plan known as 21 Sedona PUD. 22 23 3. The developer, Home Dynamics Sedona LLC, has requested that the Final 24 Planned Unit Development Site Plan granted through Resolution No. 06-295, 25 and extended through Resolution 08-230, be extended for 12 additional 26 months from its date of scheduled expiration, October 17, 2009. 27 28 4. On December 8, 2009, the St. Lucie County Board of County Commissioners 29 held a public hearing on this petition after publishing a notice of such hearing 30 and notifying by mail all owners of property within 500 feet of the subject 31 property at Least 10 days prior to the hearing. 32 33 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. 34 Lucie County, Florida: 35 36 A. Pursuant to Section 11.02.06(B)(3) of the St. Lucie County Land Development 37 Code, the Final Planned Unit Development Site Plan, approved through 38 Resolution 06-295 and extended to October 17, 2009 through Resolution 08-230, 39 is hereby granted an extension for a period of 12 additional months from its date 40 of scheduled expiration, October 17, 2009, with the new expiration date being 41 October 17, 2010, subject to the following conditions: File No.: BCC 920094009 Resolution 09-213 Page 1 December 8, 2009 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 All terms and conditions of Resolution 06-165 and Resolution 08- 230 shall remain in full force and effect, except as modified below: 2. Prior to Plat approval the developer shall submit engineering plans for the required improvements to South 25th Street to the County Engineer for review and approval. After approval by the County Engineer the developer shall enter into a Road Improvement Agreement with St. Lucie County and construct the required turn lanes on South 25th Street. 3. Prior to issuance of a Vegetation Removal Permit or Exemption, the. applicant shall have obtained and provided the Environmental Resources Department with copies of any required federal and state permits and approvals. If federal or state agency compliance requires modification to the development plans, the applicant will promptly modify the plans and submit to St. Lucie County for review and approval as required by the Land Development Code. The applicant will not use the County's development approval to prevent compliance with any federal or state agency requirements. 4. Prior to the recording of any plats for this project, or the issuance of any building permits, the developer, successors or assigns, shall be responsible for payment of the Road Impact Fee payments to St. Lucie County for the 318 unit development. The payment shall be the Road Impact Fee amount established at that time or the amount specified in Resolution 06-295, whichever is greater. B. The property on which this Final Planned Unit Development Site Plan extension is being granted is described as follows: A PORTION OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION 29, TOWNSHIP 35 SOUTH, RANGE 40 EAST, DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 29; THENCE SOUTH 89059'07" WEST, ALONG THE NORTH LINE OF SAID SECTION 29, A DISTANCE OF 80.00 FEET; THENCE SOUTH 00°06'35" EAST, A DISTANCE OF 60.00 FEET, TO THE POINT OF BEGINNING; THE FOLLOWING FIVE (5) COURSES ARE ALONG THE WEST RIGHT- OF-WAY LINE OF HAWLEY ROAD (SOUTH 25th STREET): THENCE CONTINUE SOUTH 00°06'35" EAST, A DISTANCE OF 479.64 FEET; THENCE SOUTH 07056'16" WEST, A DISTANCE OF 75.76 FEET; File No.: BCC 920094009 Page 2 Resolution 097213 December 8, 2009 1 THENCE SOUTH 00037'50" EAST, A DISTANCE OF 57.42 FEET; 2 THENCE SOUTH 11 °56'23" EAST, A DISTANCE OF 49.19 FEET; 3 THENCE SOUTH 00006'35" EAST, A DISTANCE OF 608.04 FEET; 4 THENCE SOUTH 89019'20" WEST, ALONG THE SOUTH LINE OF THE 5 NORTHEAST QUARTER (NE 1/4) OF THE NORTHEAST QUARTER (NE 6 1/4) OF SAID SECTION 29, A DISTANCE OF 1221.26 FEET; THENCE 7 NORTH 00007'41" EAST, ALONG THE EAST RIGHT-OF-WAY OF THE 8 NORTH ST. LUCIE RIVER WATER MANAGEMENT DISTRICT CANAL, 9 ALSO BEING A LINE PARALLEL WITH AND 25 FEET EAST OF, AS 10 MEASURED AT RIGHT ANGLES TO THE WEST LINE OF THE 11 NORTHEAST QUARTER (NE 1/4) OF THE NORTHEAST QUARTER (NE 12 1/4) OF SAID SECTION 29, A DISTANCE OF 1207.79 FEET, TO A POINT 13 ON A CURVE AT WHICH A RADIAL LINE BEARS NORTH 18059'27" 14 WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID 15 CURVE, TO THE RIGHT, ALSO BEING THE SOUTH RIGHT-OF-WAY 16 LINE OF EDWARDS ROAD, HAVING A RADIUS OF 1372.58 FEET AND 17 A CENTRAL ANGLE OF 18058'34", AN ARC DISTANCE OF 454.59 FEET 18 TO THE POINT OF TANGENCY; THENCE NORTH 89°59'07" EAST, 19 ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 769.74 20 FEET TO THE POINT OF BEGINNING. 21 22 SAID LANDS SITUATE, LYING AND BEING IN ST. LUCIE COUNTY, 23 FLORIDA 24 25 Location: Southwest corner of the intersection of South 25th Street and 26 Edwards Road. 27 28 Parcel ID No.: 2429-111-0001-0001, 2429-111-0003-0005 and 2429-111- 29 0002-0008 30 31 D. This Final Planned Unit Development Site Plan extension shall expire on October 32 17, 2010, unless a building permit or final. plat is obtained in accordance with 33 Section 11.03.00 of the St. Lucie County Land Development Code for the site plan 34 or an extension has been granted in accordance with Section 11.02.06, St. Lucie 35 County Land Development Code. 36 37 E. The Certificate of Capacity granted by the Growth Management Director on 38 October 2, 2006, shall remain valid for the period of this development order. If this 39 order expires or otherwise terminates, the Certificate of Capacity shall 40 automatically terminate. 41 File No.: BCC 920094009 Resolution 09-213 Page 3 December 8, 2009 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 G. A copy of this resolution shall be placed on file with the St. Lucie County Growth Management Director. After motion and second, the vote was as follows: Chairman Charles Grande XXX Vice -Chairman Doug Coward XXX Chris Dzadovsky XXX Commissioner Paula A. Lewis XXX Commissioner Chris Craft XXX PASSED AND DULY ADOPTED this 8th Day of December 2009. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ATTEST Deputy Clerk File No.: BCC 920094009 Page 4 [M Chairman APPROVED AS TO FORM AND CORRECTNESS County Attorney Resolution 09-213 December 8, 2009 U J J (6 o C � CD CL CD 06 CL co 900 tri'SaP `.J—•„••..•- M M., ..,nMufaltJ F �.Y ✓� c a � I�. 'n. MIN. � .. � r^• �' 4li,N'l'illY• � ,..,,r �✓ � rt � .. IV , ti g4 tiro * u � vN 9 awny � .d N iSN oil BYy uiX' ..y4YUF' P^� hnIH Owl 1%Yi'1 •ro Wol'3 "iU'�vcua 9 V hU M.0 itr U...,......,�...`..,... .u..n.. " �, hVJ sN,,u!waS wNW.I 'M AnY NI,W 0iu3 U UnIFY Vtf ,yrf \` �,r IIb uolk'u 4,x, Ok h, Ypna U4 0 �✓�,\ 6 PM ey yr` �. mVi uVI Vfi yyI uw N4k_J I:N%H !1M iM 7hH Y? 1 h .1 I IV >aan« hvl ucNUrs� Ha :, yr D �' ry as l Alunoo aagoyoaa4() 0 (1) D LL Z-< ry 1 12 10 10 I TR Mulls 19 rn c J 0 W © U) � Cl) •E `Uµ, � W O N E T i 1 Ur 1 U 1 1 1 � 1 Q„ 1 1 a- t 1 � i 1 QC; N � u C, of tEd ry N +y¢¢� . LL L. mu Ch wr � wLL��c�ncA � c�c�aacxc� � ♦ `1'g rz �� I� �zo � go* �Q M �°.�b 5 cc"., 31310 oGP F N4U a d y b _Lo l0 O T O I y= �I Q IZ O V L 1 a olp 4 R, u....... X f • F r� �a r A $^ �ii� �YAiCSi�����,'�� S� i���� � iSEi�(}��•Y�Qi�k A g �a� �' �{y�q<(� � �+€=�Y�`' C� #gym �.. •ti� g�5_ e� z�� u�mr �'�a��� xF� it _� lit : �� "' � ffi��zn �i�8�^�•nuu�j8��� M n .X Home Dynamics C o r p o r a t i on August 24, 2009 Mark Satterlee, AICP Growth Management Director Saint Lucie County 2300 Virginia Avenue Fort Pierce, Fl. 34982 RE: Home Dynamics — Sedona P.U.D. Resolution 06-295, 08-230 Final P.U.D. Final Site Plan Extension Request Justification Statement Mr. Satterlee, The purpose of this document is to provide justification for the request for a twelve (12) month extension to the Final P.U.D. for the Home Dynamics Sedona project on the southwest corner of 25th Street and Edwards Road. Per Saint Lucie County Code Chapter 11.02.06.B.2, a developer is allowed to request two (2) twelve (12) month extensions for Final P.U.D.'s. Per Code Chapter 11.02.06.B.3. this request is to be heard by the Board of County Commissioners at a public hearing. Home Dyaamics has already requested one twelve-month extension and it was granted to October 17, 2009 per Resolution 08-230. Home Dynamics is now requesting the additional one (1) year extension that is allowable by the Code. Since the first extension, Home Dynamics has not received the final land development permits to develop the property. There are multiple reasons why the project requires additional time. One of the reasons is still due to the current saturated in the market and the low demand for additional units to this market. Home Dynamics does not want to construct, nor does it see a benefit to the County to construct a development that will sit inactive and become an ongoing maintenance issue while the market demand recovers. Another reason is due to the fact that per Saint Lucie County Code Chapter 11.03.03 and the conditions within the development order, Resolution 06-296, Home Dynamics exercised the option to submit Construction plans and Final Plat for review and approval, with a Certified Engineer's Cost estimate for surety purposes. Per condition of approval seven (7), the Final Plat would not be approved until the Construction plans are approved and secured with surety. Condition of approval eight (8) also requires Home Dynamics to execute the Utility Agreement with Fort Pierce Utility Authority. The Utility Agreement wit F.P.U.A. requires that a property annex into the City of Fort Pierce upon being contiguous in return for the utilities being provided to all properties. With the execution of this agreement Home Dynamics is to prepay all of the ERC connection fees with the Utility Authority. The total amount for the prepayment to the Utility Authority is approximately $1.6 million dollars. This represents a major financial decision on the part of Home Dynamics. While completing some due diligence on the annexation process, per a meeting with City of Fort Pierce Planning staff and Home Dynamics, it was indicated and recommended by staff to not the proceed with the Final Plat approval and recordation within the County. The reasoning for this request is due to that fact that in accordance with City requirements the plat would not meet their standards and therefore would be considered a non -compliant plat. Based upon the fact that the property will be annexed, Home Dynamics did not proceed with posting the sureties with the County for the required improvements. In addition, financing is an issue in order for Home Dynamics to prepay road impact fees prior to plat approval and to prepay all ERC's connections with F.P.U.A. upon execution of the utility agreement. This amount of money represents an issue for the project and is the subject of negotiation with each relevant agency, especially F.P.U.A. 4788 West Commercial Boulevard, Tamarac, FL 33319 • Phone (954) 484-4800, Fax (954) 484-8787 www.homedynamics.com Finally, Home Dynamics also made a formal request to the County Growth Management Department to request the two (2) year automatic extension provided by Senate Bill 360 in recognition of the 2009 Real Estate market conditions. Saint Lucie Growth Management responded to this request by indicating that Saint Lucie County has not adopted a policy, fee or application process for the statutory extension requests. In order to keep the current Entitlements on the property, Home Dynamics is requesting the final twelve (12) month extension allowable by code, while the County responds to the two year SB 360 extension request. Saint Lucie County has also recently challenged the legality of SB 360 and therefore Home Dynamics would still like to preserve the current entitlements on this project by the indicated code request. Home Dynamics respectfully requests either the final twelve month extension allowable by Chapter 11.02.06.B.2 or the two-year extension that we are eligible for per Senate Bill 360 in order to preserve the P.U.D. for the Sedona project. Please do not hesitate to contact the office with additional questions or comments regarding this request. Thank you very much. Sincerel Ken' eLaTorre e Dynamics 954-484-4800 x 21 Cc: Tyson Waters, Rusden McClosky David Schack, Home Dynamics Alejandro Delfino, Home Dynamics ❑ � ❑ Kimley-Horn and Associates, Inc, September 16, 2009 Michael Brillhart St. Lucie County Strategy & Special Projects Department 2300 Virginia Avenue Fort Pierce, Florida 34982 Re: Frontera Buildout Extension KHA Project #041397001 Dear Mr. Brillhart: Suite 103 10521 S.W. Village Center Drive Port St. Lucie, Florida 34987 Frontera is an approved residential development to be located on the west side of South 25"' Street (State Road 615) and south of Edwards Road (County Road 611) in St. Lucie County, Florida. The approved site plan includes 134 single- family residential dwelling units and 184 multi -family residential dwelling units. A buildout extension is currently being requested. The site is currently vacant. Kimley-Horn and Associates, Inc. was retained to evaluate the traffic impacts associated a buildout extension for the proposed development. Although the request for extension is to extend to 2010, we have presented a conservative analysis through 2013. A peak hour roadway capacity analysis is attached. The analysis was updated to include either 2008 or 2009 traffic count data where available. The updated traffic analysis for Frontera indicates that all of the significantly impacted links within the base transportation impact area are expected to operate at an acceptable level of service through 2013. If you have questions, please do not hesitate to call. Very truly yours, K -HORN AND ASSOCIATES, INC. ��`L'•//'/ ;�� �l—a `� ason atson, P.E. Vice Pil- ident Fl. Registration Number 56799 Engineering Number 0N00696 Attachments: Trip Cencration Table I'M Peak Hour Directional Capacity Analysis SEP 18 TEL 772 345 3800 20�9 FAX 772 286 0138 FRONTERA TRIP GENERATION Land Use Intensity Daily AM Peak Hour PM Peak Hour Total In Out Total In Out Trips Proposed Site Traffic Single Family 134 d.u. 1,361 104 26 78 137 86 51 Multi Family 184 d.u. 1,239 94 19 75 119 77 42 Net New External Traffic 2,600 198 45 153 256 163 93 Note: Trip generation was calculated using the following data (as found in ITE Trip Generation Report, 8th Edition): Daily Traffic Generation Single Family [ITE 210] = Ln(T) = 0.92 Ln(X) + 2.71 Multi Family [ITE 2201 = T = 6.06*(X) + 123.56 AM Peak Hour Traffic Generation Single Family [ITE 210] = T = 0.70*(X) + 9.74; (25% in, 75% out) Multi Family [ITE 220] = T = 0.49*(X) + 3.73; (20% in, 80% out) PM Peak Hour Traffic Generation Single Family [ITE 210] = Ln(T) = 0.90*Ln(X) + 0.51; (63% in, 37% out) Multi Family [ITE 2201 = T = 0.55*(X) + 17.65; (65% in, 35% out) kAslu_Idev\041\041397001 frontem\tmffic\2009-09\[2009-09.xls]trip Sen - Kimley-Horn September 11, 2009 ❑-❑ and Associates, Inc. ® 2009, Kirnley-Hom and Associates, Inc. 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R m N m 2 Y N m "'mmm$`� �N�m uoiYi e 6 .- W n n m m $ $ m m m m m m ry r $ $ $ $ m m $ o m m a m m 88, $ $ $ g $ $ $ m m m m $ $ 4 v m m o 0 0 $ m m m m$ m $$ m m m. m m m m SEES Si0 m 0$ m m Up E J d d m m m N N N d d N N d d d d d N N N N N d = O mm o m -ay' ° mm 'm Q� m m E r NfAO VJ (A c'Oi V)OD NO > W (gym N 2 a m 'i _ t21 .� o a rnm ry a€ WO Zv o "o G , o m" So > 'o G m ti p W Q O f0 ,n�mVl N tnO mN fA 'mV Z0> W t�mmZ> W 0 6> W m u m Z m -2 - c 7 34 35 36 37 38 39 40 41 42 43 44 Condition of Approval Status Report RESOLUTION 06-295 File Number: PUD-06-017 and RZ-04-031 A RESOLUTION GRANTING FINAL PLANNED UNIT DEVELOPMENT SITE PLAN APPROVAL AND A CHANGE IN ZONING FROM THE CG (COMMERICAL, GENERAL) AND RM-5 (RESIDENTIAL, MULITPLE FAMILY — 5 UNITS PER ACRE) ZONING DISTRICT TO THE PUD (PLANNED UNIT DEVELOPMENT — SEDONA) ZONING DISTRICT FOR CERTAIN PROPERTY IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: CHANGE IN ZONING 1. Home Dynamics Corporation, presented a petition for a change in zoning from the CG (Commercial, General) and RM-5 (Residential, Multiple Family. — 5 units per acre) Zoning Districts to the PUD (Planned Unit Development — Sedona) Zoning District for certain property in St. Lucie County, Florida, as depicted on the attached maps as Exhibit "A" and described in Part D below. 2. On May 11, 2005, the St. Lucie County Planning and Zoning Commission held a public hearing on the petition of Home Dynamics Corporation, for a change in zoning from the CG (Commercial, General) and RM-5 (Residential, Multiple Family — 5 units per acre) Zoning Districts to the PUD (Planned Unit Development-Frontera) Zoning District, after publishing a notice of such hearing in the Fort Pierce Tribune and notifying by mail all property owners within 500 feet of the property boundaries and recommended to this Board that the requested change in zoning be denied. 3.0 On June 7, 2005, this Board approved the petition of Home Dynamics Corporation for Preliminary Planned Unit Development Site Plan for the project known as Frontera — PUD after holding a public hearing and publishing a notice of such hearing in the Tribune and notifying by mail all property owners within 500 feet of the subject property. 4. On October 17, 2006, this Board held a public hearing on the petition of Home Dynamics Sedona LLC, for a change in zoning from the CG (Commercial, General) and RM-5 (Residential, Multiple Family — 5 units per acre) Zoning Districts to the PUD (Planned Unit Development-Sedona) Zoning District after publishing a notice of such hearing in the Tribune and October 17, 2006 Page 1 Resolution No. 06-295 File No.: PUD-06-017 and RZ-04-031 SEP 18 2009 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 34 35 36 37 38 39 40 41 42 43 44 notifying by mail all owners of property within 500 feet of the subject property described in Part D below. 5. The proposed change in zoning is consistent with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan and has satisfied the requirements of Section 11.06.03 of the St. Lucie County Land Development Code. SITE PLAN 6. The petitioner is proposing the construction of a 318 unit (134 single-family units, 184 townhouse units) residential project to be located on the southwest corner of the South 25th Street and Edwards Road intersection, as more particularly described in Part D Below. a. STATUS: To date no site development has occurred on the property. 7. The Development Review Committee has reviewed the Planned Unit Development Site Plan for the proposed project and found it to meet minimum technical requirements, subject to the conditions set forth in Part C. of this Resolution. 8. On May 11, 2005, the St. Lucie County Planning and Zoning Commission held a public hearing, of which due public notice was published and mailed to all property owners within 500 feet at least 10 days prior to the hearing. 9. On June 7, 2005, this Board held a public hearing on the petition of Home Dynamics Corporation, for Preliminary PUD approval after publishing a notice of such hearing and notifying by mail all owners of property within 500 feet of the subject property, and granted, through Resolution 05-143, Preliminary Planned Unit Development Site Plan approval, subject to 6 .special-conditions,--for.,the propert.-described in -Part _D_be:lo-w. ._._ 10. The proposed project is consistent' with the general purpose, goals, objectives, and standards of the St. Lucie County Land Development Code, the St. Lucie County Comprehensive Plan, and the Code of Ordinances of St. Lucie County. 11.The proposed project will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety, and general welfare. October 17, 2006 Page 2 Resolution No. 06-295 File No.: PUD-06-017 and RZ-04-031 34 35 36 37 38 39 40 41 42 43 44 45 12. The proposed project will be constructed, arranged, and operated so as not to interfere with the development and use of neighboring property, in accordance with applicable district regulations. a. STATUS: Noted. 13. All reasonable steps have been taken to minimize any adverse effect of the proposed project on the immediate vicinity through building design, site design, landscaping, and screening. 14. The proposed project will be served by adequate public facilities and services. 9. A Certificate' of Capacity was granted on October 2, 2006, subject to conditions set forth in Subsection C below. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: CHANGE IN ZONING A. The proposed change in the Zoning District for that property owned by Home Dynamics Sedona LLC as depicted on the attached Maps as Exhibit "A" and described in Part D below, is hereby changed from the CG (Commercial, General) and RM-5 (Residential, Multiple Family — 5 units per acre) Zoning Districts to the PUD (Planned Unit Development — Sedona) Zoning District. B. The St. Lucie County Growth Management Director is hereby authorized and directed to cause the change to be made on the Official Zoning Map of St. Lucie County, Florida, and to make notation of reference .to the date of adoption of this resolution. SITE PLAN C. Pursuant to Section 11.02.05(B) of the St. Lucie County Land Development Code, the Final Planned Unit Development Plan for the project to be known as Sedona - A Planned Unit Development be, and the same is hereby, approved as shown on the site plan drawings for the project prepared by Thomas Lucido & Associates, P.A. dated April 6, 2004, subsequently revised through October 2, 2006„ and date stamped received by the St. Lucie County Growth Management Director on October 2, 2006, subject to the following conditions: October 17, 2006 Page 3 Resolution No. 06-295 File No.: PUD-06-017 and RZ-04-031 34 35 36 37 38 39 40 41 42 43 44 45 1. The conditions of approval found in Resolution 05-143 are hereby repealed and amended below. 2. No final site plan construction development orders shall be issued by the County until the Director of Growth Management shall determine that all conditions of approval and applicable code requirements are satisfied and shall: a. Obtain comments from the appropriate county staff, legal staff, and other responsible agencies regarding the satisfaction of all applicable code requirements and conditions of approval. i. STATUS: Done. b. Confer with the County Engineer, Public Works Department, Environmental Resources Department, and Utilities Department to determine the number of constructible engineering plans that shall' be required to be submitted for review, and the applicant shall, following notification by the Director of Growth Management, submit the required number of plans to the Department of Growth Management for processing, distribution, and final action. i. STATUS: Done. c. Require that a complete set of sealed constructible final engineering plans, supporting calculations and survey data for the site work and offsite improvements are approved by the Office of the County Engineer, Public Works Department, Utilities Department, Environmental Resources Department, Growth Management Department, Fire Department, and any other agency that may be determined by the Director of Growth - --Management =to= be�=necessarily=-involved--in= -the-review approval of the constructible final engineering plans for the site work. and offsite improvements. The determination of whether or not plans submitted by the applicant constitute a complete set of constructible plans shall be made by the departments involved in the plan review within five business days of the date the plans are received in the Department of Growth Management. October 17, 2006 Page 4 STATUS: All Engineering drawings, onsite and offsite, were approved with this Final PUD Site Plan approval, Resolution 06-295. The Engineering Plans had received approval from the Public Works Department, Utilities Department, Environmental Resources Department and Resolution No. 06-295 File No.: PUD-06-017 and RZ-04-031 I the Fire Department. However, technical issues arose 2 when the Developer submitted the request to obtain the 3 clearing and fence installation permit. Prior to applying for 4 the fence and vegetation removal permit, the Growth 5 Management Department requested that the Developer 6 resubmit the approved Engineering Plans to the 7 Engineering Department for a re -verification of the 8 approved plans. Initially it was indicated, by staff, that this 9 re -verification was a cursory review of the plans. However, 10 the plans were completed re-evaluated by the Saint Lucie 11 Fire District. All of the plans were completely revised to 12 take into consideration the requested revisions from the 13 Saint Lucie Fire Department. In summary, the plans were 14 approved but were not permitted for construction due to a 15 cursory review for a vegetation and fence installation 16 permit that resulted in a complete re -review of the plans. 17 18 3. The developer, or his assigns, shall be required to provide left and right 19 turn lanes at the projects Edwards Road entrance and a right turn lane 20 into the project entrance : on. South 251h Street. These improvements 21 shall be coordinated with St. Lucie. County's South 25t" Street 22 Improvement project and approved by the St. Lucie County Engineer. 23 24 a. STATUS: The Construction drawings indicate the required turn 25 lanes. However the turn lanes have not been constructed. 26 27 4. Prior to Plat approval developer, or his assigns shall be required to 28 provide the County Engineer with a summary of quantities for all their 29 proposed construction within the South 25th Street right of way. The 30 County Engineer shall calculate the cost based on the unit prices listed 31 within the South 25th Street contract. The developer will be required to 32 provide a cashiers check for the cost of the improvements. 34 a. STATUS: The engineer's cost estimate has been submitted to Saint 35 Lucie County .Engineering as part of the Construction plan permit 36 approval package. To date, the cashier's check for the cost of the 37 improvements has not been paid. 38 39 5. No construction access will . be allowed from South 25th Street. All 40 construction vehicles are to utilize the main entrance point on Edwards 41 Road. 42 43 a. STATUS: Noted. 44 October 17, 2006 Resolution No. 06-295 Page 5 File No.: PUD-06-017 and RZ-04-031 1 6. Prior to the recording of any plats for this project, the developer, his 2 successors or assigns, shall pay Road Impact Fees to St. Lucie County 3 in the amount of $2,616.00 per single-family lot (134 units) and 4 $1,902.00 per multiple -family (184 units) unit. The developer, his 5 successors or assigns, shall not be responsible for any additional Road 6 Impact Fee payments to St. Lucie County. Should the Board of County 7 Commissioners approve a Road Impact Fee adjustment more than or 8 less than the agreed to payment schedule described above, the above 9 described schedule shall apply. 10 11 a. _STATUS:. Noted. The Final Plat has received technical approval and 12 sign off, but it has not been recorded yet. The developer will pay the 13 indicated Road Impact Fees per this condition prior to Final Plat 14 recordation. 15 16 7. The Final Plat :shall not be recorded until constructible engineering plans 17 are approved, and all common improvements are either: a) built and 18 accepted or approved by St. Lucie County; or b) secured with a 19 developer's surety held by'the St.'Lucie County in a form approved by 20 the County Attorney and an amount approved by the County Engineer, 21 including an' amount necessary to cover the period of maintenance 22 required by the Land Development Code. 23 24 a. STATUS: As indicted the Final Plat has not been recorded yet. The 25 developer is making the decision as to whether post the sureties with 26 the County or construct the improvements and receive approval and 27 final acceptance by the County. The developer has expressed issue 28 with the possibility of having to post surety with the County due to 29 issues with financing from financial institutions in the current market 30 conditions. 31 32 8. Prior to recording of the plat for any portion of the property, the 33 == developer] or =hisassigns;-shall__have-:;completed._the-execution 34 utility service agreement with Ft. Pierce Utilities Authority, indicating all 35 developer obligations, including schedules associated with servicing this 36 site. 37 38 a. STATUS: The developer has met with Fort Pierce Utility Authority in 39 order to possibly negotiate deferring the prepayment of the 40 ERC/Connection fees to a later date due to the financing issues 41 referenced above. In addition, the Fort Pierce Utility Authority Utility 42 Service Agreement has an annexation clause upon a property being 43 contiguous to the City. This property is currently contiguous and has 44 caused the developer to assess options with the property. 45 October 17, 2006 Resolution No. 06-295 Page 6 File No.: PUD-06-017 and RZ-04-031 9. Prior to the issuance of any construction authorization for this project, a temporary chain link fence shall be erected along South 25th Street for the extent of the property. The chain link fence shall be installed along the west side of the existing concrete sidewalk adjacent to South 25th Street. Said fence shall be removed following construction of the residential units along the east side of Morningdew Lane. a. STATUS: The Developer had attempted to pull a permit to install the fence. However as indicated in the status update for condition 2.c. the permit was not secured due to the re -review of the engineering plans and other technical issues which came about during the permit application process. 10. Prior to the issuance of any Certificate of Occupancy for the residential units, the developer, his successors or assigns, shall provide a Bus Stop/Transit Stop along this project's frontage on Edwards Road and South 25th Street. Final designs and locations shall be approved by the St: Lucie County Department of Community Services, the St. Lucie County School District, and the County Engineer. a. STATUS: Noted. The bus shelter was indicated on both road frontages with the Final PUD Site Plan approval. The shelter location was approved by the relevant agencies indicated in the condition. 11. The irrigation system within this project shall be designed to accept reuse water from the Fort Pierce Utilities Authority, or other duly recognized utility authority or district, as the preferred method of irrigation. a. STATUS: Noted, The Engineering plans indicate the ability to accept reuse upon being available to the property. No =two >adjomtng_ s-ing,le-family--horses =sl architectural elevation; a. STATUS: Noted. 13. The resolution shall be recorded in order to provide constructive legal notice of development conditions that run with the land. The act of recording the resolution does not authorize development. All conditions of approval and applicable code requirements must be determined to be satisfied by the Director of Growth Management. a. STATUS: Recorded ORB 2685, page 1819-1836. October 17, 2006 Resolution No. 06-295 Page 7 File No.: PUD-06-017 and RZ-04-031 34 35 36 37 38 39 40 41 42 43 44 14.All project signs shall be permanent signs with permanent lettering. a. STATUS: Noted. D. The property on which this site plan approval is being granted is described below. A PORTION OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION 29, TOWNSHIP 35 SOUTH, RANGE 40 EAST, DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 29; THENCE SOUTH 89059'07" WEST, ALONG THE NORTH LINE. OF SAID SECTION 29, A DISTANCE OF 80.00 FEET; THENCE SOUTH 00006'35" EAST, A DISTANCE OF 60.00 FEET, TO THE POINT OF BEGINNING; THE FOLLOWING FIVE` (5) COURSES ARE ALONG THE WEST RIGHT-OF-WAY LINE OF HAWLEY ROAD (SOUTH 25th STREET): THENCE CONTINUE SOUTH 00°06'35" EAST; A. DISTANCE OF 479.64 FEET; THENCE SOUTH 07°56'16" WEST, A. DISTANCE OF 75.76 FEET; THENCE SOUTH 00°37'50" EAST, A DISTANCE OF 57.42 FEET; THENCE :SOUTH 11 °56'23" EAST, A DISTANCE OF 49.19 FEET; THENCE SOUTH 00°06'35" EAST, A DISTANCE OF 608.04 FEET; THENCE SOUTH 89°19'20" WEST, ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SECTION 29, A DISTANCE OF 1221.26 FEET; THENCE NORTH 00°07'41" EAST, ALONG THE EAST RIGHT-OF-WAY OF THE NORTH ST. LUCIE RIVER WATER MANAGEMENT DISTRICT CANAL, ALSO BEING A LINE PARALLEL WITH AND 25 FEET EAST OF, AS MEASURED AT RIGHT ANGLES TO THE WEST LINE OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SECTION 29, A DISTANCE OF 1207.79 FEET, TO A POINT ON A CURVE_=AT- WHfCH A -RADIAL -L[NE BEARS= -NORTH- 1<g°59'27" WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT, ALSO BEING THE SOUTH RIGHT-OF-WAY LINE OF EDWARDS ROAD, HAVING A RADIUS OF 1372.58 FEET AND A CENTRAL ANGLE OF 18058'34", AN ARC DISTANCE OF 454.59 FEET TO THE POINT OF TANGENCY; THENCE NORTH 89059'07" EAST, ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 769.74 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN ST. LUCIE COUNTY, FLORIDA October 17, 2006 Page 8 Resolution No. 06-295 File No.: PUD-06-017 and RZ-04-031 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 34 35 36 37 38 39 40 41 42 43 44 45 Location: Southwest corner of the intersection of Edwards Road and South 25t" Street. Parcel ID No.: 2429-111-0001-0001, 2429-111-0003-0005 and 2429- 111-0002-0008 E. This . Final Planned Unit Development Site Plan approval shall expire on October 17, 2008, unless an extension is granted in accordance with Section 11.02.06(B)(3), St. Lucie County Land Development Code. a) STATUS: The Final PUD received a one-year extension that.- is allowable by the Saint Lucie County Code to October 17, 2009 per Resolution 08-230. - F. The Final Planned Unit Development Site Plan approval granted under this Resolution is specifically conditioned to the requirement that the petitioner, Home Dynamics - Sedona LLC, including any successors in interest, shall obtain all necessary development permits and construction authorizations form the appropriate .State and Federal regulatory authorities, including but not limited to; the United Stated Army Corp of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District, as applicable to the proposed development activity prior to the issuance of any local building permits or authorizations to commence development activities on the property described in Part D. a) STATUS: Noted The conditions�set-forth-rn=Part-Care=-an integral--nonsevEra:ble p_art.of the_ itex plan approval granted by this Resolution. If any condition set forth in Section C. is determined to be invalid or unenforceable for any reason and the. developer declines to comply voluntarily with that condition, the site plan approval granted by this resolution shall become null and void. a) STATUS: Noted. H. A copy of this Resolution shall be attached to the site plan drawings described in Part C, which plan shall be placed on file with the St. Lucie County Growth Management Department. October 17, 2006 Page 9 Resolution No. 06-295 File No.: PUD-06-017 and RZ-04-031 1 I. ADOPTION 2 3 After motion and second, the vote on this resolution was as follows: 4 5 Chairperson Doug Coward AYE 6 7 Vice Chairperson Chris Craft AYE 8 9 Commissioner Frannie Hutchinson AYE 10 11 Commissioner Paula A. Lewis AYE 12 13 Commissioner Joe Smith AYE 14 15 16 PASSED AND DULY ADOPTED this 17th day of October, 2006. 17 18 19 BOARD OF COUNTY.COMMISSIONERS 20 ST. LUCIE COUNTY, FLORIDA 21 22 23 24 BY 25 Chairman 26 27 28 29 30 ATTEST: APPROVED AS TO FORM AND 31 CORRECTNESS: 32 34 35 36 DEPUTY CLERK COUNTY ATTORNEY 37 38 39 40 41 42 43 44 45 October 17, 2006 Resolution No. 06-295 Page 10 File No.: PUD-06-017 and RZ-04-031 1 2 3 4 5 6 EXHIBIT A .7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 32 33 34 35 36 37 38 39 40 41 42 43 October 17, 2006 Page 11 Resolution No. 06-295 File No.: PUD-06-017 and RZ-04-031 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 October 17, 2006 Page 12 EXHIBIT B Resolution No, 06-295 File No.: PUD-06-017 and RZ-04-031 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 32 33 34 35 36 37 38 39 40 41 Condition of Approval Status Report RESOLUTION NO. 08-230 FILE NO.: BCC 220081425 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, GRANTING A 12 MONTH EXTENSION OF THE FINAL PLANNED UNIT DEVELOPMENT SITE PLAN APPROVAL FOR THE 318 RESIDENTIAL UNIT DEVELOPMENT PROJECT KNOWN AS SEDONA PUD. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. On October 17, 2006, through Resolution 06-295, the Board granted approval for the Final Planned Unit Development (PUD) Site Plan known as Sedona PUD. The project consists of a 318 dwelling units on 35.40 acres located at the southwest corner of Edwards Road and South 25th Street. 2. The developer, Home Dynamics Sedona LLC, has requested that the Final Planned Unit Development Site Plan granted through Resolution 06-295 be extended for a period of 12 additional months from its date of scheduled expiration, October 17, 2008. 3. On September 2, 2008, the St. Lucie County Board of County Commissioners held a public hearing on this petition after publishing a notice of such hearing and notifying by mail all owners of property within 500 feet of the subject property at least 10 days prior to the hearing and continued the public hearing until October 7, 2008. 4. On October 7, 2008, this Board reconvened the public hearing for this petition. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. Pursuant to Section 11.02.06(B)(3) of the St. Lucie County Land Development Code, the Final Planned Unit Development Site Plan, approved through Resolution 06-295 is hereby granted an extension for a period of 12 additional months from its date of scheduled expiration, October 17, 2008, with the new File No.: BCC 220081485 October 7, 2008 Resolution No. 08-230 Page 1 SEP 18 2009 33 34 35 36 37 38 39 40 41 expiration date being October 17, 2009. B. All terms and conditions of Resolution 06-295 shall remain in full force and effect, except Condition Number 4 of that Resolution which shall be modified as follows: 1. Prior to Pit approval the developer shall submit engineering plans for the required improvements to South 25th Street to the County Engineer for review and approval. After approval by the County Engineer the developer shall enter into a Road Improvement Agreement with St. Lucie County and construct the required turn lanes on. South 25th Street. (a) STATUS: The Developer had received approval of the offsite improvements engineering plans with the approval of the Final PUD. However, upon a re -review by the Engineering Department technical issues between North Saint Lucie River Water Control District and the County standards surfaced. These issues have since been resolved. In addition, the Developer did receive the Road Improvement Agreement and prior to execution, began the process to renegotiate some of the terms of the agreement with Saint Lucie County Legal and Engineering Department. The Developer had issue with the some of the requirements of the Road Improvement Agreement. Specifically the timing to complete the improvements and the requirement to provide a performance bond for any offsite improvements above $100,000. The offsite improvements for this project are above $500,000 and therefore will need to post a performance bond. The Developer has indicated that due to the current market conditions, the Banks or Insurance Companies will not issue surety bonds for Residential Developer's since it is viewed as a high risk. The Developer is able to post a Letter of Credit. However the County Engineering Department has indicted that a Letter of Credit can only provide surety for improvements up to 2. Prior to approval of a Notice of Vegetation Removal, the applicant shall execute an improvement agreement acceptable to ERD covering the cost of landscaping and mitigation, including on or offsite tree relocation. a. STATUS: The Developer did receive this agreement from the Saint Lucie County E.R.D. Prior to execution, the Developer attempted to re -negotiate some of the requirements of this File No.: BCC 220081485 October 7, 2008 Resolution No. 08-230 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 33 34 35 36 37 38 39 40 41 42 C agreement as well — specifically the timing requirements of the agreement. The property on which this Final Planned Unit Development Site Plan extension is being granted is described as follows: r A PORTION OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION 29, TOWNSHIP 35 SOUTH, RANGE 40 EAST, DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 29; THENCE SOUTH 89059'07 WEST; ALONG THE NORTH LINE OF SAID SECTION 29, A DISTANCE OF 80.60 FEET; THENCE SOUTH 00°06135't EAST, A DISTANCE OF 60.00 FEET, TO THE POINT OF BEGINNING; THE FOLLOWING FIVE (5) COURSES ARE ALONG THE WEST RIGHT- OF-WAY LINE OF HAWLEY ROAD (SOUTH 25th STREET): THENCE . CONTINUE SOUTH 00006'35" EAST, A. DISTANCE OF 479.64 FEET; THENCE SOUTH- 07056'16` -WEST, A DISTANCE OF 75.76 FEET; THENCE SOUTH 00037'50 EAST, A DISTANCE OF 57.42 FEET; THENCE SOUTH 11 °56'23" EAST, A- DISTANCE OF 49.19 FEET; THENCE SOUTH 00006'35" EAST, A DISTANCE OF 608.04 FEET; THENCE SOUTH 89019'20" WEST, ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SECTION 29, A DISTANCE OF 1221.26 FEET; THENCE NORTH 0000741" EAST, ALONG THE EAST RIGHT-OF-WAY OF THE NORTH ST. LUCIE RIVER WATER MANAGEMENT DISTRICT CANAL, ALSO BEING A LINE PARALLEL WITH AND 25 FEET EAST OF, AS MEASURED AT RIGHT ANGLES TO THE WEST LINE OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SECTION 29, A DISTANCE OF 1207.79 FEET, TOAPOINT ON A CURVE AT WHICH A RADIAL LINE BEARS NORTH 18059'27" TO THE RIGHT, ALSO BEING THE SOUTH RIGHT-OF-WAY LINE OF EDWARDS ROAD, HAVING A RADIUS OF 1372.58 FEET AND A CENTRAL ANGLE OF 18-58-34", AN ARC DISTANCE OF 454.59 FEET TO THE POINT OF TANGENCY; THENCE NORTH 89°59'07" EAST, ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 769.74 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN ST. LUCIE COUNTY, FLORIDA File No.: BCC 220081485 October 7, 2008 Resolution No. 08-230 Page 3 I Location: Southwest corner of the intersection of Edwards Road and 2 South 25th Street. 3 4 Parcel ID No.: 2429-111-0001-0001, 2429-111-0003-0005 and 2429-111- 5 0002-0008 6 7 D. This Final Planned Unit Development Site Plan extension shall expire on October 8 17, 2009, unless a building permit is obtained in accordance with Section 11.03.00 9 of the St. Lucie County Land Development Code for the site plan or an extension 10 has been granted in accordance with Section 11.02.06, St. Lucie County Land 11 Development Code. 12 13 E. The Certificate of Capacity granted by the Growth Management Director .on 14 October 2, 2006, shall remain valid for the period of this development order. If this 15 order expires or otherwise terminates, the certificate of capacity shall automatically 16 terminate, 17 18 F. The St. Lucie County. Growth Management Director is hereby authorized and 19 directed to cause the notation of this resolution to be made on the Official Zoning 20 Map of St. Lucie County, Florida, and to make notation of reference to the date of 21 adoption of this resolution. 22 23 G. A copy of this resolution shall be placed on file with the St. Lucie County Growth 24 Management Director. 25 File No.: BCC 220081485 October 7, 2008 Resolution No. 08-230 Page 4 After motion and second, the vote was as follows: Chairman Joseph E. Smith AYE Vice -Chairman Paula A. Lewis AYE Commissioner Doug Coward AYE Commissioner Charles Grande NAY Commissioner Chris Craft AYE PASSED AND DULY ADOPTED this 7th. Day of October 2008. BOARD OF.000NTY COMMISSIONERS ST. 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O Lp ap M M N O N N O 00 a m 0o .^-i O w a0 Mi m lLOpw m m lL0000 m N p N N N N N N N N N N N N N v v v A v a -t 'ta v v 'ta v N a.N N N N N N N N N N N N N Anthony W Anderson 2305 Barbara Ave Fort Pierce, FL 34982 BOCC Chambers SLC Administration Annex, 2300 Virginia Avenue, Ft, Pierce, Florida 34982 Time: Tuesday December 8, 2009 9.00 A.M. Applicant Home Dynamics Sedona, LLC 4788 W. Commercial Blvd. Tamarac, FL 33319 954-484-4800 Project Location SW corner of Edwards Road and 25th Street Future Land Use RM (Residential —Multiple - Family) Zonin PUD (Planned Unit Develop- ment) v I ran eAve _ � N . Edwards Rd, %- D. m N WEATHERS A i MIDWAY �i A WUMI—It, r7CHr[nw vow 1 v SEDONA PUD NOTICE OF PROPOSED 12 MONTH EXTENSION ........ ........ S 5 �..� PUD CG RS4 RS-4 ~mc r**... CN g t - EDWAR DS A ' r Y• CN o RS-4 RS 4 CO u RS-4 z PUD 500 t , SA .. AIE 3 ' RS-4 RS14 RS-3 w � [11A RS-3 p ; EL 9ETH AVE RS-4 RS-4 ��o Rj N RM-5 RS-4 ` RC AR-1 �s •• r�r': w .rwr, RS-3 F,�r •.i+t RS-4 Project Description The Sedona PUD consists of 318 dwelling units on 35.40 acres of property located at the southwest corner of the South 25th Street and Edwards Road intersection. The project provides: • Urban infill development; • 134 single family; • 184 multi -family units; • 48.7% open space (includes a 2.21 acre recreation area) Recommended Board Action Board adoption of Resolution 09-213 granting a 12-month site plan extension to the Sedona PUD. The St. Lucie County Board of County Commissioners has the power to review and grant any ap- plications within their area of re- sponsibility. The Board of County Commissioners strongly encourages your input and comment at the public hearing. You may also mail or email written com- ments in advance of the public hear- ing for inclusion in the official record regarding this proceeding. Further details are available in the Growth Management Department — please contact: Diana Waite, AICP Senior Planner tel. 772-462-1577 Email waited(a?stlucieco org Mail 2300 Virginia Avenue Fort Pierce, Florida 34982 LEGAL DESCRIPTION: A PORTION OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHEAST QUAR- TER (NE 1/4) OF SECTION 29, TOWNSHIP 35 SOUTH, RANGE 40 EAST, DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 29; THENCE SOUTH 89 DEGREES 59'07" WEST, ALONG THE NORTH LINE OF SAID SECTION 29, A DISTANCE OF 80.00 FEET; THENCE SOUTH 00 DEGREES 06'35" EAST, A DISTANCE OF 60.00 FEET, TO THE POINT OF BEGINNING; THE FOLLOWING FIVE (5) COURSES ARE ALONG THE WEST RIGHT-OF-WAY LINE OF HAWLEY ROAD (SOUTH 25th STREET): THENCE CONTINUE SOUTH 00 DEGREES 06'35" EAST, A DISTANCE OF 479.64 FEET; THENCE SOUTH 07 DEGREES 56'16" WEST, A DISTANCE OF 75.76 FEET; THENCE SOUTH 00 DEGREES 37'50" EAST, A DISTANCE OF 57.42 FEET; THENCE SOUTH 11 DEGREES 56'23" EAST, A DISTANCE OF 49.19 FEET; THENCE SOUTH 00 DEGREES 06'35" EAST, A DISTANCE OF 608.04 FEET; THENCE SOUTH 89 DE- GREES 19'20" WEST, ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTH- EAST QUARTER (NE 1/4) OF SAID SECTION 29, A DISTANCE OF 1221.26 FEET; THENCE NORTH 00 DE- GREES 07'41" EAST, ALONG THE EAST RIGHT-OF-WAY OF THE NORTH ST. LUCIE RIVER WATER MAN- AGEMENT DISTRICT CANAL, ALSO BEING A LINE PARALLEL WITH AND 25 FEET EAST OF, AS MEAS- URED AT RIGHT ANGLES TO THE WEST LINE OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTH- EAST QUARTER (NE 1/4) OF SAID SECTION 29, A DISTANCE OF 1207.79 FEET, TO A POINT ON A CURVE AT WHICH A RADIAL LINE BEARS NORTH 18 DEGREES 59'27" WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT, ALSO BEING THE SOUTH RIGHT-OF-WAY LINE OF EDWARDS ROAD, HAVING A RADIUS OF 1372.58 FEET AND A CENTRAL ANGLE OF 18 DEGREES 58-34", AN ARC DISTANCE OF 454.59 FEET TO THE POINT OF TANGENCY; THENCE NORTH 89 DEGREES 59'07" EAST, ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 769.74 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE, LYING AND BEING IN ST. LUCIE COUNTY, FLORIDA Foreign Account Number 11504098 Ad # 2085604 Ad Net Cost $118.53 Name (Primary) ST LUCIE COUNTY BOCC Company (Primary) ST LUCIE COUNTY BOCC Street 1 (Primary) ATTN: ACCOUNTS PAYABLE SUPE City (Primary) FT PIERCE State (Primary) FL ZIP (Primary) 34982 Phone (Primary) (772) 462-1692 Class Code 9424SC - Notice of Meeting Start Date 11/25/2009 Stop Date 11/25/2009 Prepayment Amount $0.00 Ad Sales Rep. 190 - Barbara Wentzel Width 3 Depth 166 ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA December 8, 2009 NOTICE OF PROPOSED 12-MONTH SITE PLAN EXTENSION e St. Lucie County Board of County Commissioners pro - uses to consider the adoption of the following by resolution: RESOLUTION 09-213 IESOLUTION OF THE BOARD OF COUNTY COMMISSION - IS OF ST. LUCIE COUNTY, FLORIDA, GRANTING A 12- ONTH EXTENSION OF THE FINAL PLANNED UNIT DEVEL- PMENT SITE PLAN APPROVAL FOR PROJECT KNOWN AS .DONA PUD. PLICANT: Home Dynamics Sedona LLC E NUMBER: BCC 920094009 GAL DESCRIPTION: A PORTION OF THE NORTHEAST JARTER (NE 114) OF THE NORTHEAST QUARTER (NE 1/4) : SECTION 29, TOWNSHIP 35 SOUTH, RANGE 40 EAST, :SCRIBED AS FOLLOWS: MMENCE AT THE NORTHEAST CORNER OF SAID SEC- DN 29; THENCE SOUTH 89 DEGREES 59'07" WEST, ALONG IE NORTH LINE OF SAID SECTION 29, A DISTANCE OF .00 FEET; THENCE SOUTH 00 DEGREES 06'35" EAST, A STANCE OF 60.00 FEET, TO THE POINT OF BEGINNING; IE FOLLOWING FIVE (5) COURSES ARE ALONG THE WEST GHT-OF-WAY LINE OF HAWLEY ROAD (SOUTH 25th REET): THENCE CONTINUE SOUTH 00 DEGREES 06'35" .ST, A DISTANCE OF 479.64 FEET; THENCE SOUTH 07 DE- GRkES 5616" WEST, A DISTANCE OF 75.76 FEET; THEN( ' SOUTH 00 DEGREES 37'50" EAST, A DISTANCE OF 57., FEET; THENCE SOUTH 11 DEGREES 56'23" EAST, A DI TANCE OF 49.19 FEET; THENCE SOUTH 00 DEGREES 06'3' EAST, A DISTANCE OF 608.04 FEET; THENCE SOUTH 89 D GREES 19'20- WEST, ALONG THE SOUTH LINE OF TH NORTHEAST QUARTER (NE 114) OF THE NORTHEAST QUAI TER (NE 1/4) OF SAID SECTION 29, A DISTANCE OF 1221.; FEET; THENCE NORTH 00 DEGREES 07-41" EAST, ALON THE EAST RIGHT-OF-WAY OF THE NORTH ST. LUCIE RIVE WATER MANAGEMENT DISTRICT CANAL, ALSO BEING i LINE PARALLEL WITH AND 25 FEET EAST OF, AS MEN SURED AT RIGHT ANGLES TO THE WEST LINE OF TH NORTHEAST QUARTER (NE 1/4) OF THE NORTHEAST QUAF 't TER (NE 114) OF SAID SECTION 29, A DISTANCE OF 1207.7 FEET, TO A POINT ON A CURVE AT WHICH A RADIAL LIN BEARS NORTH 18 DEGREES 59'27" WEST; THENCE NORTH EASTERLY ALONG THE ARC OF SAID CURVE, TO THI '? RIGHT, ALSO BEING THE SOUTH RIGHT-OF-WAY LINE OI EDWARDS ROAD, HAVING A RADIUS OF 1372,58 FEET ANI +l, A CENTRAL ANGLE OF 18 DEGREES 58-34", AN ARC DIS ` TANCE OF 454.59 FEET TO THE POINT OF TANGENCY THENCE NORTH 89 DEGREES 59'07" EAST, ALONG SAIE SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 769.74 FEEL TO THE POINT OF BEGINNING. ;AID LANDS SITUATE, LYING AND BEING IN ST. LUCIE a COUNTY, FLORIDA OCATION: Southwest corner of the intersection of South 25th Street and Edwards Road. 'URPOSE: A 12-month extension for the Sedona PUD site plan that provides for the development of 134 single family units and 184 multi -family units. 'he PUBLIC HEARING on this Rem will be held in the Commis- lion Chambers, Roger Poitras Annex, 3rd Floor, St. Lucie County Administration Building, 2300 Virginia Avenue, Fort Pierce, Florida on Tuesday, December 8, 2009, beginning at "+ 9:00 AM or as soon thereafter as possible. 11 interested persons will be given an opportunity to be heard. Written comments received in advance of the public hearing will also be considered. Written comments to the, Board of County Commissioners should be received by the Growth Management Department - Planning Division at least z 3 days prior to the scheduled hearing. The petition file is available for review at the Growth Management Department offices located at 2300 Virginia Avenue, 2nd Floor, Fort i 'ierce, Florida, during regular business hours. Please call 772/462-2822 or TOO 772/462-1428 if you have any questions r require additional information, he St. Lucie County Board of County Commissioners has the power to review and grant any applications within their area �f responsibility. he proceedings of the Board of County Commissioners are '. rlectronically recorded. PURSUANT TO Section 286.0105, =lorida Statutes, if a person decides to appeal any decision nade by the Board of County Commissioners with respect to I y matter considered at a meeting or hearing, he or she will lead a record of the proceedings. For such purpose, he or ;he may need to ensure that a verbatim record of the pro- :eedings is made, which record includes the testimony and 1 evidence upon which the appeal is to be based. Upon the re- guest of any party to the proceeding, individuals testifying luring a hearing will be sworn in. Any party to the proceed- ] ng will be granted an opportunity to cross-examine any indi- idual testifying during a hearing upon request. If it becomes iecessary, a public hearing may be continued from time to ims as may be necessary to a date -certain. nyone with a disability requiring accommodation to attend his meeting should contact the St. Lucie County Community services Director at least forty-eight (48) hours prior to the nesting at 772/462.1777 or T.D.D. 772/462-1428. )ARD OF COUNTY COMMISSIONERS . LUCIE COUNTY, FLORIDA / CHARLES GRANDE, CHAIRMAN iblish: November 25, 2009 85604 V,,i, L7ILVUUi 111V ,_ J7 11%1 AFFIDAVIT COMPLIANCC WITH POSTING OF NOTICE: RE( -—EMgNTS STATE OF�O COUNTY OF being first duly sworn deposes and states: 1. I am the owner or the agent fore/Z_LrJ /6.L�(insert ownEr's name) for the following petition: (insert petition number). I hereby certify that I have complied with the notice requirements set forth in Section 11.00.03.E of the St. Lucie County land Development Code for the — (insert date) public hearing to be conducted by the _ ;insert entity name) on the above -referenced petition, The required_ sign was printed and posted to the specifications listed on the Sign Content and Sign Requirements forms provided by St Lucie County Growth Management: on (date), The following required documentation is attached: A. Dated Photo (Close up) 13. Dated Photo (Distant) Further affiant sayeth not. (Name of Affiant) STATE OF —} COUNTY OF . 'LC4 /Vo _da df� The fgrpgoin In tr ment was acknowledged before me this Y 206, by V t �1 1(—`� --- Said person (Cl one} iasusd by a state of the United Personally known to me, produced a driver's license ( States within the last five (5) years as identification, or produced other identification, to wit ary Public, Stale p CLr S Typed or Printed Name of Notary Commission No.:t>)W<DQq� My Commission expires: (�, /t,.�) IRENE N. HAAS i W Notary Public, State Florida Commissmission# DD681952 My comm. expires June 12, 2011 Form 08-48 vt 9 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY: Public Works - Engineering SUBJECT: Special Assessment Notice of Intent for 2010 BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A ITEM NO. VII-B-FF DATE: 12/08/09 REGULAR ( ) PUBLIC HEARING ( X ) LEG. ( ) QUASI -JD ( ) CONSENT ( ) PRESENTED BY: Barbara Guettler MSBU Assistant PREVIOUS ACTION: November 3, 2009 — Board authorization to advertise 31 NOI Public Hearings RECOMMENDATION: Board adoption of Resolution numbers, 09-317 through 09-347, Special Assessment Notice of Intents for 2010 as outlined in the agenda memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: b� APPROVED ( ) DENIED ( ) OTHER Approved 4-0 Items VII-B-VII-FF Comm. Coward Absent CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney (�() OMB Director ( ) Budget Analyst Daniel McIntyre Originating Dept. (X) Do ald West Marie Gouin County Engineer ()0 A44p Michael Powley Public Works MEMORANDUM TO: Board of County Commissioners THROUGH: Donald B. West, Public Works Directo_tA FROM: Barbara Guettler, MSBU Assistant Engineering DATE: December 8, 2009 SUBJECT: Special Assessment Notice of Intent for 2010 ITEM NO. VII-B-FF Backsaround: One of the funding methods available for the capital improvements and essential services listed below is through non -ad valorem special assessments levied on those properties which benefit from the improvements. A non -ad valorem special assessment is not a tax; therefore, it is not based on millage. This type of assessment, which is considered a fee, is based on benefit and collected along with property taxes using the uniform method pursuant to Section 197.3632, Florida Statutes. With this method each benefitting property is assessed an equal charge per unit. In order to preserve this funding option, it is necessary for the Board to adopt resolutions expressing its intent to use the uniform method commencing in November, 2010. The resolutions must be considered at duly advertised public hearings held prior to January 1, 2010. The resolutions listed below do not in any way obligate the County to levy the special assessments; rather, they simply satisfy the legal requirement preserving the County's option to use the uniform method of collection if a special assessment is levied. The Board is considering the creation of, or has created, the following special assessment districts: Agenda Item Resolution Number VII-B 09-317 VII-C 09-318 VII-D 09-319 VII-E 09-320 VII-F 09-321 VII-G 09-322 Special Assessment Canoe Creek MSBU Kings/Indrio MSBU Lakewood Park 2 MSBU Lakewood Park 3 MSBU North Lennard Road 1 MSBU North Lennard Road 2 MSBU U_ December 8, 2009 Item No. VII-B-FF Page 2 VII-H 09-323 North Lennard Road 3 MSBU VI 1-1 09-324 Rainbow Drive 1 MSBU VII-J 09-325 Rainbow Drive 2 MSBU VII-K 09-326 River Hammock MSBU VII-L 09-327 South Hutchinson Island MSBU VII-M 09-328 Towns, Villages, and Countrysides MSBU VII-N 09-329 River Park 1SLD VII-O 09-330 River Park 2 SLD VII-P 09-331 Harmony Heights 1 SLD VII-Q 09-332 Harmony Heights 2 SLD VII-R 09-333 Sheraton Plaza SLD VII-S 09-334 Sunland Gardens SLD VII-T 09-335 Sunrise Park SLD VII-U 09-336 Paradise Park SLD VII-V 09-337 Holiday Pines SLD VII-W 09-338 The Grove SLD VII-X 09-339 Blakely Subdivision SLD VII-Y 09-340 Indian River Estates SLD VII-Z 09-341 Queens Cove SLD VII-AA 09-342 Palm Grove SLD VII-BB 09-343 Southern Oaks SLD VII-CC 09-344 Meadowood SLD VII-DD 09-345 Palm Lake Gardens SLD VII-EE 09-346 Kings Highway Industrial Park SLD VII-FF 09-347 Pine Hollow SLD Recommendation: Board adoption of Resolution numbers 09-317 through 09-347, Special Assessment Notice of Intents for 2010 as outlined in this agenda memorandum and authorization for the Chair to sign documents as approved by the County Attorney a RESOLUTION NO. 09-317 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, STATING ITS INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON -AD VALOREM SPECIAL ASSESSMENTS LEVIED BY THE PROPOSED CANOE CREEK MUNICIPAL SERVICES BENEFIT UNIT; DESCRIBING THE AREA SUBJECT TO THE ASSESSMENT; STATING A NEED FOR THE LEVY; PROVIDING FOR MAILING THE RESOLUTION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the 'Board") is contemplating the creation of the Canoe Creek Municipal Services Benefit Unit (the "MSBU") to fund the cost of a project to construct potable water improvements to properties within the boundaries of the proposed Canoe Creek MSBU (the "Project") in St. Lucie County; and WHEREAS, the Board, as the governing body of the MSBU, intends to use the uniform method for collecting non -ad valorem special assessments to fund the cost of the Project as authorized by Section 197.3632, Florida Statutes because this method will allow the special assessments to be collected annually commencing in November 2010, in the same manner as provided for ad valorem taxes; and WHEREAS, on December 8, 2009, the Board held a duly advertised public hearing to consider the adoption of this resolution, proof of publication of this hearing is attached hereto and made a part hereof as Exhibit "A". Page 1 of 5 a NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: Commencing with the 2010-2011 Fiscal Year and with the tax statement mailed for the 2010-2011 Fiscal Year, the Board intends to use the uniform method of collecting non -ad valorem assessments authorized in Section 197.3632, Florida Statutes for collecting non -ad valorem assessments levied by the proposed Canoe Creek MSBU to fund the cost of a project to construct potable water improvements to properties within the boundaries of the proposed Canoe Creek MSBU. A description of the boundaries of the real property within the proposed MSBU and subject to the levy is attached hereto and made a part hereof as Exhibit "B". Section 2: The Board hereby determines that the levy of the assessments are necessary to fund the cost of the Project. Section 3: Upon adoption, the County Attorney is hereby directed to send a copy of this resolution by United States mail to the Florida Department of Revenue, and the St. Lucie County Property Appraiser and Tax Collector. Section 4: This Resolution shall be effective upon adoption. Page 2 of 5 After motion and second, the vote on this Resolution was as follows: Chair Paula Lewis Vice Chair Charles Grande Commissioner Chris Craft Commissioner Doug Coward Commissioner Chris Dzadovsky PASSED AND DULY ADOPTED this 8th day of December, 2009. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney Page 3 of 5 EXHIBIT B DESCRIPTION: CANOE CREEK MSBU A parcel of land lying in Section 4, T-36-S, R-40-E, St. Lucie County, Florida being more particularly described as follows: All that part of Canoe Creek as recorded in Plat Book 18 at page 9 of the public records of St. Lucie County, Florida: Together with the following described parcel of land being a portion of Lots 64 and 65 of the White City Subdivision as recorded in Plat Book 1 at page 23 of the public records of St. Lucie County, Florida: Begin at the northwest corner of Lot 2 of Canoe Creek; Thence North 100' along the projection of the west line of Lot 2; Thence East and parallel with the north line of Canoe Creek subdivision a distance of 1619' more or less to the west waters edge of the North Fork of the St. Lucie River; Thence meander southwesterly along said waters edge a distance of 464' more or less to the intersection of the easterly extension of the south line of the plat of Canoe Creek; Thence west along said extension a distance of 142' more or less to the southeasterly corner of Lot 10 of Canoe Creek; Thence northwesterly along the easterly line of said Lot 10 to a point on a curve concave to the west, having a radius of 50'; Thence northeasterly a distance of 78.54' along the arc of said curve through a central angle of 900 00'00" to the southwesterly corner of Lot 8 of Canoe Creek; Thence east along the south line of said Lot 8 a distance of 177.3'; Thence north along the east line of Lot 8 a distance of 144' to a point on the north line of Canoe Creek; Thence west along said north line a distance of 1326.25' to the point of beginning. Less and except right of ways of record. Created 11 /10/06 Revised 11 /06/07 GAENG\MSBU\WORD\NOI's\NOI 2009\RESOLUTIONS\Canoe Creek.doc Page 5 of 5 RESOLUTION NO. 09-318 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, STATING ITS INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON -AD VALOREM SPECIAL ASSESSMENTS LEVIED BY THE PROPOSED KINGS/INDRIO MUNICIPAL SERVICES BENEFIT UNIT; DESCRIBING THE AREA SUBJECT TO THE ASSESSMENT; STATING A NEED FOR THE LEVY; PROVIDING FOR MAILING THE RESOLUTION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the 'Board") is contemplating the creation of the Kings/Indrio Municipal Services Benefit Unit (the "MSBU") to fund the cost of a project to construct road widening improvements to the area within the boundaries of the proposed Kings/Indrio MSBU (the "Project') in St. Lucie County; and WHEREAS, the Board, as the governing body of the MSBU, intends to use the uniform method for collecting non -ad valorem special assessments to fund the cost of the Project as authorized by Section 197.3632, Florida Statutes because this method will allow the special assessments to be collected annually commencing in November 2010, in the same manner as provided for ad valorem taxes; and WHEREAS, on December 8, 2009, the Board held a duly advertised public hearing to consider the adoption of this resolution, proof of publication of this hearing is attached hereto and made a part hereof as Exhibit "A". Page 1 of 5 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: Commencing with the 2010-2011 Fiscal Year and with the tax statement mailed for the 2010-2011 Fiscal Year, the Board intends to use the uniform method of collecting non -ad valorem assessments authorized in Section 197.3632, Florida Statutes for collecting non -ad valorem assessments levied by the proposed Kings/Indrio MSBU to fund the cost of a project to construct road widening improvements to the area within the boundaries of the proposed Kings/Indrio MSBU. A description of the boundaries of the real property within the proposed MSBU and subject to the levy is attached hereto and made a part hereof as Exhibit "B". Section 2: The Board hereby determines that the levy of the assessments are necessary to fund the cost of the Project. Section 3: Upon adoption, the County Attorney is hereby directed to send a copy of this resolution by United States mail to the Florida Department of Revenue, and the St. Lucie County Property Appraiser and Tax Collector. Section 4: This Resolution shall be effective upon adoption. Page 2 of 5 After motion and second, the vote on this Resolution was as follows: Chair Paula Lewis Vice Chair Charles Grande Commissioner Chris Craft Commissioner Doug Coward Commissioner Chris Dzadovsky PASSED AND DULY ADOPTED this 8th day of December, 2009. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney 10 Page 3 of 5 EXHIBIT B DESCRIPTION: KINGS/INDRIO MSBU A PARCEL OF LAND LYING IN T-34-S, R-38-E AND T-34-S, R-39-E AND T-34-S, R- 40-E; SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: SECTIONS 12,13 AND 24, T-34-S, R-38-E; TOGETHER WITH SECTIONS 1 THRU 30, T-34-S, R-39-E; TOGETHER WITH SECTIONS 6,7,18,19 AND 30, T-34-S, R-40-E. 11 /28/05 GAENGIMSBUIMSBU WORD1N01'sIN0120091RESOLUTIONS%Kingsindrio.doc Page 5 of 5 RESOLUTION NO. 09-319 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, STATING ITS INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON -AD VALOREM SPECIAL ASSESSMENTS LEVIED BY THE PROPOSED LAKEWOOD PARK 2 MUNICIPAL SERVICES BENEFIT UNIT; DESCRIBING THE AREA SUBJECT TO THE ASSESSMENT; STATING A NEED FOR THE LEVY; PROVIDING FOR MAILING THE RESOLUTION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the "Board") is contemplating the creation of the Lakewood Park 2 Municipal Services Benefit Unit (the "MSBU") to fund the cost of a project to provide potable water improvements to properties within the boundaries of the proposed Lakewood Park 2 MSBU (the "Project") in St. Lucie County; and WHEREAS, the Board, as the governing body of the MSBU, intends to use the uniform method for collecting non -ad valorem special assessments to fund the cost of the Project as authorized by Section 197.3632, Florida Statutes because this method will allow the special assessments to be collected annually commencing in November 2010, in the same manner as provided for ad valorem taxes; and WHEREAS, on December 8, 2009, the Board held a duly advertised public hearing to consider the adoption of this resolution, proof of publication of this hearing is attached hereto and made a part hereof as Exhibit "A". Page 1 of 5 M NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: Commencing with the 2010-2011 Fiscal Year and with the tax statement mailed for the 2010-2011 Fiscal Year, the Board intends to use the uniform method of collecting non -ad valorem assessments authorized in Section 197.3632, Florida Statutes for collecting non -ad valorem assessments levied by the proposed Lakewood Park 2 MSBU to fund the cost of a project to provide potable water improvements to properties within the boundaries of the proposed Lakewood Park 2 MSBU. A description of the boundaries of the real property within the proposed MSBU and subject to the levy is attached hereto and made a part hereof as Exhibit "B". Section 2: The Board hereby determines that the levy of the assessments are necessary to fund the cost of the Project. Section 3: Upon adoption, the County Attorney is hereby directed to send a copy of this resolution by United States mail to the Florida Department of Revenue, and the St. Lucie County Property Appraiser and Tax Collector. Section 4: This Resolution shall be effective upon adoption. Page 2 of 5 After motion and second, the vote on this Resolution was as follows: Chair Paula Lewis Vice Chair Charles Grande Commissioner Chris Craft Commissioner Commissioner Doug Coward Chris Dzadovsky PASSED AND DULY ADOPTED this 8th day of December, 2009. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney Page 3 of 5 EXHIBIT A PROOF OF PUBLICATION Page 4 of 5 EXHIBIT B DESCRIPTION: LAKEWOOD PARK 2 MSBU A PARCEL OF LAND LYING IN SECTIONS 1,2, 11,12,13 AND 14, T-34-S, R-39-E. ST. LUCIE COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 1/2 OF SECTION 1, T-34-S, R-39-E; AND SECTION 2, T-34-S, R-39-E; AND EAST '/2 OF SECTION 11, T-34-S, R-39-E AND; THE WEST Y2 OF SECTION 12, T-34-S, R-39-E AND; THE NORTH '/2 OF THE NORTHWEST % OF SECTION 13, T- 34-S, R-39-E AND; THE NORTHEAST % OF SECTION 14, T-34-S, R-39-E, LESS AND EXCEPT THE SOUTHWEST % OF THE NORTHEAST % OF SAID SECTION 14. LESS AND EXCEPT ALL ROAD AND CANAL RIGHT OF WAYS OF RECORD AND ALL COUNTY OWNED PARCELS OF RECORD. OCTOBER 18, 2005 G:\ENG\MSBU\MSBU WORD\NOI'S\NOI 2009\RESOLUTIONS\Lakewood Park 2.doc Page 5 of 5 RESOLUTION NO. 09-320 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, STATING ITS INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON -AD VALOREM SPECIAL ASSESSMENTS LEVIED BY THE PROPOSED LAKEWOOD PARK 3 MUNICIPAL SERVICES BENEFIT UNIT; DESCRIBING THE AREA SUBJECT TO THE ASSESSMENT; STATING A NEED FOR THE LEVY; PROVIDING FOR MAILING THE RESOLUTION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the 'Board") is contemplating the creation of the Lakewood Park 3 Municipal Services Benefit Unit (the "MSBU") to fund the cost of a project to provide flood protection enhancement improvements to properties within the boundaries of the proposed Lakewood Park 3 MSBU (the "Project") in St. Lucie County; and WHEREAS, the Board, as the governing body of the MSBU, intends to use the uniform method for collecting non -ad valorem special assessments to fund the cost of the Project as authorized by Section 197.3632, Florida Statutes because this method will allow the special assessments to be collected annually commencing in November 2010, in the same manner as provided for ad valorem taxes; and WHEREAS, on December 8, 2009, the Board held a duly advertised public hearing to consider the adoption of this resolution, proof of publication of this hearing is attached hereto and made a part hereof as Exhibit "A". Page 1 of 5 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: Commencing with the 2010-2011 Fiscal Year and with the tax statement mailed for the 2010-2011 Fiscal Year, the Board intends to use the uniform method of collecting non -ad valorem assessments authorized in Section 197.3632, Florida Statutes for collecting non -ad valorem assessments levied by the proposed Lakewood Park 3 MSBU to fund the cost of a project to flood enhancement protection improvements to properties within the boundaries of the proposed Lakewood Park 3 MSBU. A description of the boundaries of the real property within the proposed MSBU and subject to the levy is attached hereto and made a part hereof as Exhibit "B". Section 2: The Board hereby determines that the levy of the assessments are necessary to fund the cost of the Project. Section 3: Upon adoption, the County Attorney is hereby directed to send a copy of this resolution by United States mail to the Florida Department of Revenue, and the St. Lucie County Property Appraiser and Tax Collector. Section 4: This Resolution shall be effective upon adoption. Page 2 of 5 After motion and second, the vote on this Resolution was as follows: Chair Paula Lewis Vice Chair Charles Grande Commissioner Chris Craft Commissioner Doug Coward Commissioner Chris Dzadovsky PASSED AND DULY ADOPTED this 8th day of December, 2009. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney Page 3 of 5 EXHIBIT B DESCRIPTION: LAKEWOOD PARK 3 MSBU A PARCEL OF LAND LYING IN SECTIONS 1,2, 11,12,13 AND 14, T-34-S, R-39-E. ST. LUCIE COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 1/2 OF SECTION 1, T-34-S, R-39-E; AND THE EAST 3/ OF SECTION 2, T-34-S, R-39-E; AND EAST % OF SECTION 11, T-34-S, R-39-E AND; THE WEST Y2 OF SECTION 12, T-34-S, R-39-E AND; THE NORTH'/ OF THE NORTHWEST % OF SECTION 13, T-34-S, R-39-E AND; THE NORTH Y2 OF THE NORTHEAST % OF SECTION 14, T-34-S, R-39-E. LESS AND EXCEPT ALL ROAD AND CANAL RIGHT OF WAYS OF RECORD AND ALL COUNTY OWNED PARCELS OF RECORD. OCTOBER 18, 2005 G:\ENG\MSBU\MSBU WORD\NOI's\NOI 2009\RESOLUTIONS\Lakewood Park 3 06.doc Page 5 of 5 RESOLUTION NO. 09-321 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, STATING ITS INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON -AD VALOREM SPECIAL ASSESSMENTS LEVIED BY THE NORTH LENNARD ROAD 1 MUNICIPAL SERVICES BENEFIT UNIT; DESCRIBING THE AREA SUBJECT TO THE ASSESSMENT; STATING A NEED FOR THE LEVY; PROVIDING FOR MAILING THE RESOLUTION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the 'Board") has created the North Lennard Road 1 Municipal Services Benefit Unit (the "MSBU") to fund the cost of a project to construct roadway improvements to properties within the boundaries of the North Lennard Road 1 MSBU (the "Project") in St. Lucie County; and WHEREAS, the Board, as the governing body of the MSBU, intends to use the uniform method for collecting non -ad valorem special assessments to fund the cost of the Project as authorized by Section 197.3632, Florida Statutes because this method will allow the special assessments to be collected annually commencing in November 2010, in the same manner as provided for ad valorem taxes; and WHEREAS, on December 8, 2009, the Board held a duly advertised public hearing to consider the adoption of this resolution, proof of publication of this hearing is attached hereto and made a part hereof as Exhibit "A". Page 1 of 6 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: Commencing with the 2010-2011 Fiscal Year and with the tax statement mailed for the 2010-2011 Fiscal Year, the Board intends to use the uniform method of collecting non -ad valorem assessments authorized in Section 197.3632, Florida Statutes for collecting non -ad valorem assessments levied by the North Lennard Road 1 MSBU to fund the cost of a project to construct roadway improvements to properties within the boundaries of the North Lennard Road 1 MSBU. A description of the boundaries of the real property within the MSBU and subject to the levy is attached hereto and made a part hereof as Exhibit "B". Section 2: The Board hereby determines that the levy of the assessments are necessary to fund the cost of the Project. Section 3: Upon adoption, the County Attorney is hereby directed to send a copy of this resolution by United States mail to the Florida Department of Revenue, and the St. Lucie County Property Appraiser and Tax Collector. Section 4: This Resolution shall be effective upon adoption. Page 2 of 6 After motion and second, the vote on this Resolution was as follows: Chair Vice Chair Commissioner Commissioner Commissioner Paula Lewis Charles Grande Chris Craft Doug Coward Chris Dzadovsky PASSED AND DULY ADOPTED this 8th day of December, 2009. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney Page 3 of 6 EXHIBIT A PROOF OF PUBLICATION Page 4 of 6 EXHIBIT B DESCRIPTION: NORTH LENNARD ROAD 1 MSBU A PARCEL OF LAND LYING IN SECTIONS 15, 22 AND 23, T-36-S, R-40-E, ST. LUCIE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: TOGETHER WITH LOTS 4,5,6,7,8,9,10,11,12,13,14,15 AND 16, BLOCK 2; LOTS 3 4,5,6,7,8, AND THE NORTH 2 OF LOT 1, BLOCK 3; TOGETHER WITH ALL OF BLOCK 4, SECTION 23, T-36-S, R-40-E, ST. LUCIE GARDENS AS RECORDED IN PLAT BOOK 1 AT PAGE 35 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; TOGETHER WITH LOTS 11,12,13,14,15 AND 16, BLOCK 1; LOTS 1,2, 3,4,5,6,11,12,13,14, AND 15, BLOCK 4, SECTION 15, T-36-S, R-40-E, MODEL LAND COMPANY SUBDIVISION AS RECORDED IN PLAT BOOK 1 AT PAGE 41 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL OF LAND; COMMENCE AT THE NORTHEAST CORNER OF SECTION 22, T-36-S, R-40-E; THENCE N 89 52'00" W ALONG THE NORTH LINE OF SAID SECTION A DISTANCE OF 1917' FEET; THENCE S 00 10'54" W A DISTANCE OF 120' FEET TO THE POINT OF BEGINNING; THENCE N 89 52'00" W A DISTANCE OF 60' FEET; THENCE S 00 10'54" W ALONG THE EAST LINE OF THE WEST 2 OF THE NW 1/4 OF THE NE 1/4 A DISTANCE OF 1859.20' FEET; THENCE S 89 52'00" E PARALLEL WITH THE NORTH LINE OF SECTION 22 A DISTANCE OF 350.00' FEET; THENCE S 27 32'30" E A DISTANCE OF 109.35' FEET; THENCE S 89 52'00" E A DISTANCE OF 99.23' FEET; THENCE S 00 10'54' W A DISTANCE OF 300.00' FEET; THENCE S 89 52'00" E A DISTANCE OF 58.36' FEET; THENCE S 27 32'30" E A DISTANCE OF 615.02' FEET; THENCE N 89 51'00"W A DISTANCE OF 350' FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 1; THENCE S 27 32'30" E ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 1508.51' FEET TO A POINT ON THE NORTH LINE OF A PARCEL OF LAND DESCRIBED IN ORB 328, PAGE 351 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE N 69 00'00" E ALONG SAID NORTH PROPERTY LINE A DISTANCE OF 300.00' FEET; THENCE S 27 32'30" E AND PARALLEL WITH THE EAST RIGHT OF WAY OF US NO. 1 A DISTANCE OF 175.00' FEET; THENCE N 69 00'00" E A DISTANCE OF 454' FEET TO A POINT ON THE EAST LINE OF SECTION 22, T-36-S, R-40-E; THENCE N 00 08'00" E ALONG SAID EAST LINE A DISTANCE OF 2978.15' FEET; THENCE N 89 52'00' W A DISTANCE OF 1026.93' FEET; THENCE S 00 08'00" W A DISTANCE OF Page 5 of 6 117.00' FEET; THENCE N 89 52'00" W A DISTANCE OF 270.00' FEET; THENCE N 00 08'00" E A DISTANCE OF 117.00' FEET; THENCE N 89 52'00" W A DISTANCE OF 278.00' FEET; THENCE N 44 52'00" W A DISTANCE OF 484.74' FEET; THENCE N 00 10'54" E A DISTANCE OF 700.00 FEET TO THE POINT OF BEGINNING; LESS AND EXCEPT ROAD AND CANAL RIGHT OF WAYS OF RECORD. Revised 11/13/96; 10/30/97; 10/17/00 G:\ENG\MSBU\MSBU WORD\NOI's\NOI 2009\RESOLUTIONS\North LennardRd1.doc Page 6 of 6 RE SOLUTION NO. 09-322 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, STATING ITS INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON -AD VALOREM SPECIAL ASSESSMENTS LEVIED BY THE NORTH LENNARD ROAD 2 MUNICIPAL SERVICES BENEFIT UNIT; DESCRIBING THE AREA SUBJECT TO THE ASSESSMENT; STATING A NEED FOR THE LEVY; PROVIDING FOR MAILING THE RESOLUTION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the "Board") has created the North Lennard Road 2 Municipal Services Benefit Unit (the "MSBU") to fund the cost of a project to construct potable water improvements to properties within the boundaries of the North Lennard Road 2 MSBU (the "Project") in St. Lucie County; and WHEREAS, the Board, as the governing body of the MSBU, intends to use the uniform method for collecting non -ad valorem special assessments to fund the cost of the Project as authorized by Section 197.3632, Florida Statutes because this method will allow the special assessments to be collected annually commencing in November 2010, in the same manner as provided for ad valorem taxes; and WHEREAS, on December 8, 2009, the Board held a duly advertised public hearing to consider the adoption of this resolution, proof of publication of this hearing is attached hereto and made a part hereof as Exhibit "A". Page 1 of 6 f NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: Commencing with the 2010-2011 Fiscal Year and with the tax statement mailed for the 2010-2011 Fiscal Year, the Board intends to use the uniform method of collecting non -ad valorem assessments authorized in Section 197.3632, Florida Statutes for collecting non -ad valorem assessments levied by the North Lennard Road 2 MSBU to fund the cost of a project to construct potable water improvements to properties within the boundaries of the North Lennard Road 2 MSBU. A description of the boundaries of the real property within the MSBU and subject to the levy is attached hereto and made a part hereof as Exhibit "B". Section 2: The Board hereby determines that the levy of the assessments are necessary to fund the cost of the Project. Section 3: Upon adoption, the County Attorney is hereby directed to send a copy of this resolution by United States mail to the Florida Department of Revenue, and the St. Lucie County Property Appraiser and Tax Collector. Section 4: This Resolution shall be effective upon adoption. Page 2 of 6 After motion and second, the vote on this Resolution was as follows: Chair Vice Chair Commissioner Commissioner Commissioner Paula Lewis Charles Grande Chris Craft Doug Coward Chris Dzadovsky PASSED AND DULY ADOPTED this 8th day of December, 2009. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney Page 3 of 6 EXHIBIT A PROOF OF PUBLICATION Page 4 of 6 EXHIBIT B DESCRIPTION: NORTH LENNARD ROAD 2 MSBU A PARCEL OF LAND LYING IN SECTIONS 15, 22 AND 23, T-36-S, R-40-E, ST. LUCIE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: TOGETHER WITH LOTS 4,7,8,9,10,11,12,13,14,15 AND 16, BLOCK 2; LOTS 3 4,5,6,7, AND THE NORTH 2 OF LOT 1, BLOCK 3; TOGETHER WITH ALL OF BLOCK 4, SECTION 23, T-36-S, R-40-E, ST. LUCIE GARDENS AS RECORDED IN PLAT BOOK 1 AT PAGE 35 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; TOGETHER WITH LOTS 11,12,13,14,15 AND 16, BLOCK 1; SECTION 15, T-36-S, R- 40-E, MODEL LAND COMPANY SUBDIVISION AS RECORDED IN PLAT BOOK 1 AT PAGE 41 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL OF LAND; COMMENCE AT THE NORTHEAST CORNER OF SECTION 22, T-36-S, R-40-E; THENCE N 89 52'00" W ALONG THE NORTH LINE OF SAID SECTION A DISTANCE OF 1917' FEET; THENCE S 00 10'54" W A DISTANCE OF 120' FEET TO THE POINT OF BEGINNING; THENCE N 89 52'00" W A DISTANCE OF 60' FEET; THENCE S 00 10'54" W ALONG THE EAST LINE OF THE WEST 2 OF THE NW 1/4 OF THE NE 1/4 A DISTANCE OF 1859.20' FEET; THENCE S 89 52'00" E PARALLEL WITH THE NORTH LINE OF SECTION 22 A DISTANCE OF 350.00' FEET; THENCE S 27 32'30" E A DISTANCE OF 109.35' FEET; THENCE S 89 52'00" E A DISTANCE OF 99.23' FEET; THENCE S 00 10'54' W A DISTANCE OF 300.00' FEET; THENCE S 89 52'00" E A DISTANCE OF 58.36' FEET; THENCE S 27 32'30" E A DISTANCE OF 615.02' FEET; THENCE N 89 51'00"W A DISTANCE OF 350' FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 1; THENCE S 27 32'30" E ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 1508.51' FEET TO A POINT ON THE NORTH LINE OF A PARCEL OF LAND DESCRIBED IN ORB 328 PAGE 351 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE N 69 00'00" E ALONG SAID NORTH PROPERTY LINE A DISTANCE OF 300.00' FEET; THENCE S 27 32'30" AND PARALLEL WITH THE EAST RIGHT OF WAY OF US NO. 1 A DISTANCE OF 175.00' FEET; THENCE N 69 00'00" E A DISTANCE OF 454'FEET TO A POINT ON THE EAST LINE OF SECTION 22, T-36-S, R-40-E; THENCE N 00 08'00" E ALONG SAID EAST LINE A DISTANCE OF 2978.15' FEET; THENCE N 89 52'00" W A DISTANCE OF 1026.93' FEET; THENCE S 00 08'00 W A DISTANCE OF 117.00' FEET; THENCE N 89 52'00" W A DISTANCE OF 270.00' FEET; THENCE N Page 5 of 6 00 08'00" E A DISTANCE OF 117.00' FEET; THENCE N 89 52'00" W A DISTANCE OF 278.00' FEET; THENCE N 44 52'00" W A DISTANCE OF 484.74' FEET; THENCE N 0010'54" E A DISTANCE OF 700.00 FEET TO THE POINT OF BEGINNING; TOGETHER WITH LOTS 14,15,16 AND 17 PLAT OF WHITE CITY GARDENS AS RECORDED IN DEED BOOK 197, AT PAGE 408-410 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. LESS AND EXCEPT ROAD AND CANAL RIGHT OF WAYS OF RECORD; AND LESS AND EXCEPT THAT PARCEL OF LAND DESCRIBED IN OFFICIAL RECORD BOOK 918 AT PAGE 546 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. G:\ENG\MSBU\MSBU WORD\NOI's\NOI 2009\RESOLUTIONS\North LennardRd2.doc Page 6 of 6 RESOLUTION NO. 09-323 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, STATING ITS INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON -AD VALOREM SPECIAL ASSESSMENTS LEVIED BY THE NORTH LENNARD ROAD 3 MUNICIPAL SERVICES BENEFIT UNIT; DESCRIBING THE AREA SUBJECT TO THE ASSESSMENT; STATING A NEED FOR THE LEVY; PROVIDING FOR MAILING THE RESOLUTION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the "Board") has created the North Lennard Road 3 Municipal Services Benefit Unit (the "MSBU") to fund the cost of a project to construct wastewater improvements to properties within the boundaries of the North Lennard Road 3 MSBU (the "Project") in St. Lucie County; and WHEREAS, the Board, as the governing body of the MSBU, intends to use the uniform method for collecting non -ad valorem special assessments to fund the cost of the Project as authorized by Section 197.3632, Florida Statutes because this method will allow the special assessments to be collected annually commencing in November 2010, in the same manner as provided for ad valorem taxes; and WHEREAS, on December 08, 2009, the Board held a duly advertised public hearing to consider the adoption of this resolution, proof of publication of this hearing is attached hereto and made a part hereof as Exhibit "A". Page 1 of 5 a NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: Commencing with the 2010-2011 Fiscal Year and with the tax statement mailed for the 2010-2011 Fiscal Year, the Board intends to use the uniform method of collecting non -ad valorem assessments authorized in Section 197.3632, Florida Statutes for collecting non -ad valorem assessments levied by the North Lennard Road 3 MSBU to fund the cost of a project to construct wastewater improvements to properties within the boundaries of the North Lennard Road 3 MSBU. A description of the boundaries of the real property within the MSBU and subject to the levy is attached hereto and made a part hereof as Exhibit "B". Section 2: The Board hereby determines that the levy of the assessments are necessary to fund the cost of the Project. Section 3: Upon adoption, the County Attorney is hereby directed to send a copy of this resolution by United States mail to the Florida Department of Revenue, and the St. Lucie County Property Appraiser and Tax Collector. Section 4: This Resolution shall be effective upon adoption. Page 2 of 5 After motion and second, the vote on this Resolution was as follows: Chair Paula Lewis Vice Chair Commissioner Commissioner Commissioner Charles Grande Chris Craft Doug Coward Chris Dzadovsky PASSED AND DULY ADOPTED this 8th day of December, 2009. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Chairman APPROVED AS TO FORM AND CORRECTNESS: EXHIBIT A County Attorney Page 3 of 5 EXHIBIT B DESCRIPTION: NORTH LENNARD ROAD 3 MSBU A PARCEL OF LAND EPARTICULARLYONS 22 AND DESCRIBED,AS FOLLOWSE, ST. LUCIE COUNTY, FLORIDA BEING MORE TOGETHER WITH LOTS 4,7,8,9,10,11,12,13,14,15 AND 16, BLOCK 2; LOTS 3 4,5,6,7, AND THE NORTH 2 OF LOT 1ITH ALL OF BLOCK 4, SECTION 23, T- GARDENS AS RECORDEDN PLAT BOOK 1 AT PAGE 35 36-S, R-40-E, ST. LUCIE OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; TOGETHER WITH 384, AT PAGES 2904 2905AT PARCEL OF LAND SOF THE PUBLIC BED AND RECORDED IN OFFCIAL RECORDS BOOK PUBLIC RECORDS OF ST.. LUCIE COUNTY, FLORIDA; TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL OF LAND; COMMENCE AT THE NORTHEAST CORNER OF SECTION 22, T-36-S, R-40-E; THENCE N 89 52'00" W ALONG THE NORTH LINE OF SAID SECTION A DISTANCE OF 1917' FEET; THENCE S 00 10'54" W A DISTANCE OF 120' FEET TO THE POINT OF BEGINNING; THENCE N 89 52'00" W A DISTANCE OF 60' FEET; THENCE S 00 10,54" W ALONG THE EAST LINE OF THE WEST 2 OF THE NW 1/4 OF THE NE 1/4 A DISTANCE OF 1859.20, FEET; THENCE S 89 52'00" E PARALLEL WITH THE NORTH LINE OF SECTION 22 A DISTANCE OF 350.00' FEET; THENCE S 27 32'30" E A DISTANCE OF 109.35' FEET; THENCE S 89 52'00" E A DISTANCE OF 99.23' FEET; THENCE S 00 10'54' W A DISTANCE OF 300.00' FEET; THENCE S 89 52'00" E A DISTANCE OF 58.36' FEET; THENCE S 27 32'30" E A DISTANCE OF 615.02' FEET; THENCE N 89 51'00"W A DISTANCE OF 350' FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 1; THENCE S 27 32'30" E ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 1508.51' FEET TO A POINT ON THE NORTH LINE OF A PARCEL OF LAND DESCRIBED IN ORB 328 PAGE 351 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE N 69 00'00" E ALONG SAID NORTH PROPERTY LINE A DISTANCE OF 300.00' FEET; THENCE S 27 32'30" E AND PARALLEL WITH THE EAST RIGHT OF WAY OF US NO. 1 A DISTANCE OF 175.00' FEET; THENCE N 69 00'00" E A DISTANCE OF 454' FEET TO A POINT ON THE EAST LINE OF SECTION 22, T-36-S, R-40-E; THENCE N 00 08'00" E ALONG SAID EAST LINE A DISTANCE OF 2978.15' FEET; THENCE N 89 52'00' W A DISTANCE OF 1026.93' FEET; THENCE S 00 08'00" W A DISTANCE OF 117.00' FEET; THENCE N 89 52'00" W A DISTANCE OF 270.00' FEET; THENCE N 00 08'00" E A DISTANCE OF 117.00' FEET; THENCE N 89 52'00" W A DISTANCE OF 278.00' FEET; THENCE N 44 52'00" W A DISTANCE OF 484.74' FEET; THENCE N 0010'54" E A DISTANCE OF 700.00 FEET TO THE POINT OF BEGINNING; LESS AND EXCEPT ROAD AND CANAL RIGHT OF WAYS OF RECORD. GAENG\MSBU\MSBU WORD\NOI's\NOI 2009\RESOLUTIONS\North LennardRd3.doc 10/19/00 Page 5 of 5 RESOLUTION NO. 09-324 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, STATING ITS INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON -AD VALOREM SPECIAL ASSESSMENTS LEVIED BY THE PROPOSED RAINBOW DRIVE 1 MUNICIPAL SERVICES BENEFIT UNIT; DESCRIBING THE AREA SUBJECT TO THE ASSESSMENT; STATING A NEED FOR THE LEVY; PROVIDING FOR MAILING THE RESOLUTION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the "Board") is contemplating the creation of the Rainbow Drive 1 Municipal Services Benefit Unit (the "MSBU") to fund the cost of a project to construct potable water improvements to properties within the boundaries of the proposed Rainbow Drive 1 MSBU (the "Project") in St. Lucie County; and WHEREAS, the Board, as the governing body of the MSBU, intends to use the uniform method for collecting non -ad valorem special assessments to fund the cost of the Project as authorized by Section 197.3632, Florida Statutes because this method will allow the special assessments to be collected annually commencing in November 2010, in the same manner as provided for ad valorem taxes; and WHEREAS, on December 8, 2009, the Board held a duly advertised public hearing to consider the adoption of this resolution, proof of publication of this hearing is attached hereto and made a part hereof as Exhibit "A". Page 1 of 6 EXHIBIT B DESCRIPTION: NORTH LENNARD ROAD 3 MSBU A PARCEL OF LAND LYING IN SECTIONS 22 AND 23, T-36-S, R-40-E, ST. LUCIE COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: TOGETHER WITH LOTS 4,7,8,9,10,11,12,13,14,15 AND 16, BLOCK 2; LOTS 3 4,5,6,7, AND THE NORTH 2 OF LOT 1, BLOCK 3; TOGETHER WITH ALL OF BLOCK 4, SECTION 23, T- 36-S, R-40-E, ST. LUCIE GARDENS AS RECORDED IN PLAT BOOK 1 AT PAGE 35 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; TOGETHER WITH THAT PARCEL OF LAND AS DESCRIBED AND RECORDED IN OFFCIAL RECORDS BOOK 384, AT PAGES 2904-2905 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL OF LAND; COMMENCE AT THE NORTHEAST CORNER OF SECTION 22, T-36-S, R-40-E; THENCE N 89 52'00" W ALONG THE NORTH LINE OF SAID SECTION A DISTANCE OF 1917' FEET; THENCE S 00 10'54" W A DISTANCE OF 120' FEET TO THE POINT OF BEGINNING; THENCE N 89 52'00" W A DISTANCE OF 60' FEET; THENCE S 00 10'54" W ALONG THE EAST LINE OF THE WEST 2 OF THE NW 1/4 OF THE NE 1/4 A DISTANCE OF 1859.20' FEET; THENCE S 89 52'00" E PARALLEL WITH THE NORTH LINE OF SECTION 22 A DISTANCE OF 350.00' FEET; THENCE S 27 32'30" E A DISTANCE OF 109.35' FEET; THENCE S 89 52'00" E A DISTANCE OF 99.23' FEET; THENCE S 00 10'54' W A DISTANCE OF 300.00' FEET; THENCE S 89 52'00" E A DISTANCE OF 58.36' FEET; THENCE S 27 32'30" E A DISTANCE OF 615.02' FEET; THENCE N 89 51'00"W A DISTANCE OF 350' FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 1; THENCE S 27 32'30" E ALONG SAID RIGHT OF WAY LINE A DISTANCE OF 1508.51' FEET TO A POINT ON THE NORTH LINE OF A PARCEL OF LAND DESCRIBED IN ORB 328 PAGE 351 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE N 69 00'00" E ALONG SAID NORTH PROPERTY LINE A DISTANCE OF 300.00' FEET; THENCE S 27 32'30" E AND PARALLEL WITH THE EAST RIGHT OF WAY OF US NO. 1 A DISTANCE OF 175.00' FEET; THENCE N 69 00'00" E A DISTANCE OF 454' FEET TO A POINT ON THE EAST LINE OF SECTION 22, T-36-S, R-40-E; THENCE N 00 08'00" E ALONG SAID EAST LINE A DISTANCE OF 2978.15' FEET; THENCE N 89 52'00' W A DISTANCE OF 1026.93' FEET; THENCE S 00 08'00" W A DISTANCE OF 117.00' FEET; THENCE N 89 52'00" W A DISTANCE OF 270.00' FEET; THENCE N 00 08'00" E A DISTANCE OF 117.00' FEET; THENCE N 89 52'00" W A DISTANCE OF 278.00' FEET; THENCE N 44 52'00" W A DISTANCE OF 484.74' FEET; THENCE N 00 10'54" E A DISTANCE OF 700.00 FEET TO THE POINT OF BEGINNING; LESS AND EXCEPT ROAD AND CANAL RIGHT OF WAYS OF RECORD. G:\ENG\MSBU\MSBU WORD\NOI's\NOI 2009\RESOLUTIONS\North LennardRcIldoc 10/19/00 Page 5 of 5 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: Commencing with the 2010-2011 Fiscal Year and with the tax statement mailed for the 2010-2011 Fiscal Year, the Board intends to use the uniform method of collecting non -ad valorem assessments authorized in Section 197.3632, Florida Statutes for collecting non -ad valorem assessments levied by the proposed Rainbow Drive 1 MSBU to fund the cost of a project to provide potable water improvements to properties within the boundaries of the proposed Rainbow Drive 1 MSBU. A description of the boundaries of the real property within the proposed MSBU and subject to the levy is attached hereto and made a part hereof as Exhibit "B". Section 2: The Board hereby determines that the levy of the assessments are necessary to fund the cost of the Project. Section 3: Upon adoption, the County Attorney is hereby directed to send a copy of this resolution by United States mail to the Florida Department of Revenue, and the St. Lucie County Property Appraiser and Tax Collector. Section 4: This Resolution shall be effective upon adoption. Page 2 of 6 After motion and second, the vote on this Resolution was as follows: Chair Paula Lewis Vice Chair Charles Grande Commissioner Chris Craft Commissioner Doug Coward Commissioner Chris Dzadovsky PASSED AND DULY ADOPTED this 8th day of December, 2009. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney Page 3 of 6 EXHIBIT B DESCRIPTION: RAINBOW DRIVE 1 MSBU A PARCEL OF LAND LYING IN SECTION 5, T-36-S, R-40-E, ST. LUCIE COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL THAT PART OF THE UNRECORDED DANIELS SUBDIVISION; SAID SUBDIVISION BEING BOUNDED ON THE WEST BY THE EAST LINE OF LOT 109, WHITE CITY SUBDIVISION AS RECORDED IN PLAT BOOK 1 AT PAGE 23 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; AND BOUNDED ON THE EAST BY THE WEST RIGHT OF WAY LINE OF ST. JAMES DRIVE AS NOW LAID OUT AND IN USE; AND BOUNDED ON THE SOUTH BY THE NORTH LINE OF THE SOUTH 268' FEET OF THE NE % OF THE SE % OF SECTION 5, T-36-S, R-40-E; AND BOUNDED ON THE NORTH BY THE FOLLOWING DESCRIBED AGREED LINE AS RECORDED IN ORB 232 AT PAGE 237 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, " STARTING AT A POINT 654.4 FEET NORTH (AS MEASURED ALONG THE EAST LINE OF SECTION 5) AND 25 FEET WEST OF THE SOUTHEAST CORNER OF THE NE % OF THE SE % OF SECTION 5, TOWNSHIP 36 SOUTH, RANGE 40 EAST (POINT OF BEGINNING) RUN THENCE WESTERLY ON A BEARING SOUTH 89 54' 40" WEST A DISTANCE OF 1294.75 FEET TO A POINT (TERMINUS)". LESS AND EXCEPT THE FOLLOWING PARCEL OF LAND DESCRIBED IN ORB 2084 AT PAGE 1320 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; "BEGIN AT THE SOUTHEAST CORNERT OF THE NORTH 375 FEET OF THE SOUTH ONE-HALF OF THE NE % OF THE SE % OF SECTION 5, T-36-S, R-40- E, THENCE RUN WSET 25 FEET TO THE POINT OF BEGINNING OF THE TRACT HEREINAFTER DESCRIBED: THENCE CONTINUE WEST 125 FEET; THENCE NORTH 121 FEET; THENCE RUN EAST 125 FEET TO THE WEST LINE OF HAWLEY ROAD; THENCE TURN AND RUN SOUTH ALONG SAID WEST LINE 121 FEET TO THE POINT OF BEGINNING. (BEING LOT 1 OF DANIELS UNRECORDED SUBDIVISION)". . a LESS AND ACCEPT THE FOLLOWING PARCEL OF LAND AS DESCRIBED IN ORB 1419 AT PAGES 1919-1921; "THE EAST 180 FEET OF THE FOLLOWING DESCRIBED PROPERTY: BEGINNING AT THE NORTHEAST CORNER OF THE NORTH 375 FEET OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF SECTION 5, T-36-S, RE-40-E, RUN WEST 35 FEET TO THE POINT OF BEGINNING; Page 5 of 6 FROM SAID POINT OF BEGINNING, CONTINUE WEST 358.4 FEET TO A POINT; THENCE TURN AND RUN NORTH 204 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPTING THE NORTHERN MOST 8.45 FEET THEREOF, RELEASED AND CONVEYEDGUIDO MESITO AND ANTOINETTE MESITO, HIS WIFE AND OTHERS, TO ESTABLISH THE NORTHERN MOST BOUNDARY HEREOF AS SET FORTH IN INSTRUMENT RECORDED IN ORB 232, PAGE235, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA". PREPARED OCTOBER 19, 2005 REVISED NOVEMBER 06, 2007 GAENG\MSBU\WORD\NOI's\NOI 2009\RESOLUTIONS\Rainbow Drive 1.doc Page 6 of 6 RESOLUTION NO. 09-325 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, STATING ITS INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON -AD VALOREM SPECIAL ASSESSMENTS LEVIED BY THE PROPOSED RAINBOW DRIVE 2 MUNICIPAL SERVICES BENEFIT UNIT; DESCRIBING THE AREA SUBJECT TO THE ASSESSMENT; STATING A NEED FOR THE LEVY; PROVIDING FOR MAILING THE RESOLUTION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the "Board") is contemplating the creation of the Rainbow Drive 2 Municipal Services Benefit Unit (the "MSBU") to fund the cost of a project to construct wastewater improvements to properties within the boundaries of the proposed Rainbow Drive 2 MSBU (the "Project") in St. Lucie County; and WHEREAS, the Board, as the governing body of the MSBU, intends to use the uniform method for collecting non -ad valorem special assessments to fund the cost of the Project as authorized by Section 197.3632, Florida Statutes because this method will allow the special assessments to be collected annually commencing in November 2010, in the same manner as provided for ad valorem taxes; and WHEREAS, on December 8, 2009, the Board held a duly advertised public hearing to consider the adoption of this resolution, proof of publication of this hearing is attached hereto and made a part hereof as Exhibit "A". Page 1 of 5 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: Commencing with the 2010-2011 Fiscal Year and with the tax statement mailed for the 2010-2011 Fiscal Year, the Board intends to use the uniform method of collecting non -ad valorem assessments authorized in Section 197.3632, Florida Statutes for collecting non -ad valorem assessments levied by the proposed Rainbow Drive 2 MSBU to fund the cost of a project to provide wastewater improvements to properties within the boundaries of the proposed Rainbow Drive 2 MSBU. A description of the boundaries of the real property within the proposed MSBU and subject to the levy is attached hereto and made a part hereof as Exhibit "B". Section 2: The Board hereby determines that the levy of the assessments are necessary to fund the cost of the Project. Section 3: Upon adoption, the County Attorney is hereby directed to send a copy of this resolution by United States mail to the Florida Department of Revenue, and the St. Lucie County Property Appraiser and Tax Collector. Section 4: This Resolution shall be effective upon adoption. Page 2 of 5 After motion and second, the vote on this Resolution was as follows: Chair Vice Chair Commissioner Commissioner Commissioner Paula Lewis Charles Grande Chris Craft Doug Coward Chris Dzadovsky PASSED AND DULY ADOPTED this 8th day of December, 2009. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney 0 Page 3 of 5 EXHIBIT B DESCRIPTION: RAINBOW DRIVE 2 MSBU A PARCEL OF LAND LYING IN SECTION 5, T-36-S, R-40-E, ST. LUCIE COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL THAT PART OF THE UNRECORDED DANIELS SUBDIVISION; SAID SUBDIVISION BEING BOUNDED ON THE WEST BY THE EAST LINE OF LOT 109, WHITE CITY SUBDIVISION AS RECORDED IN PLAT BOOK 1 AT PAGE 23 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; AND BOUNDED ON THE EAST BY THE WEST RIGHT OF WAY LINE OF ST. JAMES DRIVE AS NOW LAID OUT AND IN USE; AND BOUNDED ON THE SOUTH BY THE NORTH LINE OF THE SOUTH 268' FEET OF THE NE % OF THE SE'/ OF SECTION 5, T-36-S, R-40-E; AND BOUNDED ON THE NORTH BY THE FOLLOWING DESCRIBED AGREED LINE AS RECORDED IN ORB 232 AT PAGE 237 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, " STARTING AT A POINT 654.4 FEET NORTH (AS MEASURED ALONG THE EAST LINE OF SECTION 5) AND 25 FEET WEST OF THE SOUTHEAST CORNER OF THE NE % OF THE SE % OF SECTION 5, TOWNSHIP 36 SOUTH, RANGE 40 EAST (POINT OF BEGINNING) RUN THENCE WESTERLY ON A BEARING SOUTH 89 54' 40" WEST A DISTANCE OF 1294.75 FEET TO A POINT (TERMINUS)". OCTOBER 19, 2005 GAENG\MSBU\WORD\NOI's\NOI 2009\RESOLUTIONS\Rainbow Drive 2.doc Page 5 of 5 RESOLUTION NO. 09-326 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, STATING ITS INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON -AD VALOREM SPECIAL ASSESSMENTS LEVIED BY THE PROPOSED RIVER HAMMOCK MUNICIPAL SERVICES BENEFIT UNIT; DESCRIBING THE AREA SUBJECT TO THE ASSESSMENT; STATING A NEED FOR THE LEVY; PROVIDING FOR MAILING THE RESOLUTION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the "Board") is contemplating the creation of the River Hammock Municipal Services Benefit Unit (the "MSBU") to fund the cost of a project to construct potable water improvements to properties within the boundaries of the proposed River Hammock MSBU (the "Project") in St. Lucie County; and WHEREAS, the Board, as the governing body of the MSBU, intends to use the uniform method for collecting non -ad valorem special assessments to fund the cost of the Project as authorized by Section 197.3632, Florida Statutes because this method will allow the special assessments to be collected annually commencing in November 2010, in the same manner as provided for ad valorem taxes; and WHEREAS, on December 8, 2009, the Board held a duly advertised public hearing to consider the adoption of this resolution, proof of publication of this hearing is attached hereto and made a part hereof as Exhibit "A". Page 1 of 5 a NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: Commencing with the 2010-2011 Fiscal Year and with the tax statement mailed for the 2010-2011 Fiscal Year, the Board intends to use the uniform method of collecting non -ad valorem assessments authorized in Section 197.3632, Florida Statutes for collecting non -ad valorem assessments levied by the proposed River Hammock MSBU to fund the cost of a project to construct potable water improvements to properties within the boundaries of the proposed River Hammock MSBU. A description of the boundaries of the real property within the proposed MSBU and subject to the levy is attached hereto and made a part hereof as Exhibit "B". Section 2: The Board hereby determines that the levy of the assessments are necessary to fund the cost of the Project. Section 3: Upon adoption, the County Attorney is hereby directed to send a copy of this resolution by United States mail to the Florida Department of Revenue, and the St. Lucie County Property Appraiser and Tax Collector. Section 4: This Resolution shall be effective upon adoption. Page 2 of 5 After motion and second, the vote on this Resolution was as follows: Chair Paula Lewis Vice Chair Commissioner Commissioner Commissioner Charles Grande Chris Craft Doug Coward Chris Dzadovsky PASSED AND DULY ADOPTED this 8th day of December, 2009. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney Page 3 of 5 RESOLUTION NO. 09-327 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, STATING ITS INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON -AD VALOREM SPECIAL ASSESSMENTS LEVIED BY THE PROPOSED SOUTH HUTCHINSON ISLAND BEACH RESTORATION MUNICIPAL SERVICES BENEFIT UNIT; DESCRIBING THE AREA SUBJECT TO THE ASSESSMENT; STATING A NEED FOR THE LEVY; PROVIDING FOR MAILING THE RESOLUTION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the 'Board") is contemplating the creation of the South Hutchinson Island Beach Restoration Municipal Services Benefit Unit (the "MSBU") to fund the cost of a project to provide beach restoration improvements to properties within the boundaries o f the proposed South Hutchinson Island Beach Restoration MSBU (the "Project") in St. Lucie County; and WHEREAS, the Board, as the governing body of the MSBU, intends to use the uniform method for collecting non -ad valorem special assessments to fund the cost of the Project as authorized by Section 197.3632, Florida Statutes because this method will allow the special assessments to be collected annually commencing in November 2010, in the same manner as provided for ad valorem taxes; and WHEREAS, on December 8, 2009, the Board held a duly advertised public hearing to consider the adoption of this resolution, proof of publication of this hearing is attached hereto and made a part hereof as Exhibit "A". Page 1 of 5 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: Commencing with the 2010-2011 Fiscal Year and with the tax statement mailed for the 2010-2011 Fiscal Year, the Board intends to use the uniform method of collecting non -ad valorem assessments authorized in Section 197.3632, Florida Statutes for collecting non -ad valorem assessments levied by the proposed South Hutchinson Island Beach Restoration MSBU to fund the cost of a project to provide beach restoration improvements to properties within the boundaries of the proposed South Hutchinson Island Beach Restoration MSBU. A description of the boundaries of the real property within the proposed MSBU and subject to the levy is attached hereto and made a part hereof as Exhibit "B". Section 2: The Board hereby determines that the levy of the assessments are necessary to fund the cost of the Project. Section 3: Upon adoption, the County Attorney is hereby directed to send a copy of this resolution by United States mail to the Florida Department of Revenue, and the St. Lucie County Property Appraiser and Tax Collector. Section 4: This Resolution shall be effective upon adoption. Page 2 of 5 After motion and second, the vote on this Resolution was as follows: Chair Paula Lewis Vice Chairman Charles Grande Commissioner Chris Craft Commissioner Doug Coward Commissioner Chris Dzadovsky PASSED AND DULY ADOPTED this 8th day of December, 2009. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney Page 3 of 5 EXHIBIT B DESCRIPTION: SOUTH HUTCHINSON ISLAND BEACH RESTORATION MSBU ALL THAT PART OF SECTIONS 9, 15, 16, 21, 22 AND 27, T-36-S, R-41-E AND SECTIONS 2, 3, 11 AND 12, T-37-S, R-41-E, ST. LUCIE COUNTY, FLORIDA. LESS AND EXCEPT ALL RIGHT OF WAYS OF RECORD. G:\ENG\MSBU\MSBU WORD\NOI's\NOI 200MESOLUTIONS\SHIBeach.doc Page 5 of 5 RESOLUTION NO. 09-328 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, STATING ITS INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON -AD VALOREM SPECIAL ASSESSMENTS LEVIED BY THE PROPOSED TOWNS, VILLAGES, AND COUNTRYSIDE MUNICIPAL SERVICES BENEFIT UNIT; DESCRIBING THE AREA SUBJECT TO THE ASSESSMENT; STATING A NEED FOR THE LEVY; PROVIDING FOR MAILING THE RESOLUTION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the "Board") is contemplating the creation of the Towns, Villages, and Countryside Municipal Services Benefit Unit (the "MSBU") to fund the cost of a project to provide infrastructure improvements to the area within the boundaries of the proposed Towns, Villages, and Countryside MSBU (the "Project") in St. Lucie County; and WHEREAS, the Board, as the governing body of the MSBU, intends to use the uniform method for collecting non -ad valorem special assessments to fund the cost of the Project as authorized by Section 197.3632, Florida Statutes because this method will allow the special assessments to be collected annually commencing in November 2010, in the same manner as provided for ad valorem taxes; and WHEREAS, on December 8, 2009, the Board held a duly advertised public hearing to consider the adoption of this resolution, proof of publication of this hearing is attached hereto and made a part hereof as Exhibit "A". Page 1 of 6 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: Commencing with the 2010-2011 Fiscal Year and with the tax statement mailed for the 2010-2011 Fiscal Year, the Board intends to use the uniform method of collecting non -ad valorem assessments authorized in Section 197.3632, Florida Statutes for collecting non -ad valorem assessments levied by the proposed Towns, Villages, and Countryside MSBU to fund the cost of a project to provide infrastructure improvements to the area within the boundaries of the proposed Towns, Villages, and Countryside MSBU. A description of the boundaries of the real property within the proposed MSBU and subject to the levy is attached hereto and made a part hereof as Exhibit "B". Section 2: The Board hereby determines that the levy of the assessments are necessary to fund the cost of the Project. Section 3: Upon adoption, the County Attorney is hereby directed to send a copy of this resolution by United States mail to the Florida Department of Revenue, and the St. Lucie County Property Appraiser and Tax Collector. Section 4: This Resolution shall be effective upon adoption. Page 2 of 6 After motion and second, the vote on this Resolution was as follows: Chair Vice Chair Commissioner Commissioner Commissioner Paula Lewis Charles Grande Chris Craft Doug Coward Chris Dzadovsky PASSED AND DULY ADOPTED this 8th day of December, 2009. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney Page 3 of 6 EXHIBIT A PROOF OF PUBLICATION EXHIBIT B BOUNDARY: RIVER PARK 1 SLD The exterior boundaries of Units 1 through 7, inclusive, and Unit 10 of River Park 1 as recorded in Plat Book 10, pages 69, 72 and 80; Plat Book 11, pages 9 and 31; Plat Book 12, pages 22, 28, 41 and 41-A; Plat Book 13, pages 3, 16 and 25, and Plat Book 14, pages 29 and 29-A of the Public Records of St. Lucie County, Florida. Page 5 of 5 RESOLUTION NO. 09-330 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, STATING ITS INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON -AD VALOREM SPECIAL ASSESSMENTS LEVIED BY THE PROPOSED RIVER PARK 2 STREET LIGHTING DISTRICT; DESCRIBING THE AREA SUBJECT TO THE ASSESSMENT; STATING A NEED FOR THE LEVY; PROVIDING FOR MAILING THE RESOLUTION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the "Board") is contemplating the creation of the River Park 2 Street Lighting District (the "SLD") to fund the cost of providing street lighting services to properties within the boundaries of the proposed River Park 2 SLD (the "Project") in St. Lucie County; and WHEREAS, the Board, as the governing body of the SLD, intends to use the uniform method for collecting non -ad valorem special assessments to fund the cost of the Project as authorized by Section 197.3632, Florida Statutes because this method will allow the special assessments to be collected annually commencing in November 2010, in the same manner as provided for ad valorem taxes; and WHEREAS, on December 8, 2009, the Board held a duly advertised public hearing to consider the adoption of this resolution, proof of publication of this hearing is attached hereto and made a part hereof as Exhibit "A". Page 1 of 5 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: Commencing with the 2010-2011 Fiscal Year and with the tax statement mailed for the 2010-2011 Fiscal Year, the Board intends to use the uniform method of collecting non -ad valorem assessments authorized in Section 197.3632, Florida Statutes for collecting non -ad valorem assessments levied by the proposed River Park 2 SLD to fund the cost of providing street lighting services to properties within the boundaries of the proposed River Park 2 SLD. A description of the boundaries of the real property within the proposed SLD and subject to the levy is attached hereto and made a part hereof as Exhibit "B". Section 2: The Board hereby determines that the levy of the assessments are necessary to fund the cost of the Project. Section 3: Upon adoption, the County Attorney is hereby directed to send a copy of this resolution by United States mail to the Florida Department of Revenue, and the St. Lucie County Property Appraiser and Tax Collector. Section 4: This Resolution shall be effective upon adoption. Page 2 of 5 After motion and second, the vote on this Resolution was as follows: Chair Paula Lewis Vice Chair Charles Grande Commissioner Chris Craft Commissioner Doug Coward Commissioner Chris Dzadovsky PASSED AND DULY ADOPTED this 8th day of December, 2009. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney Page 3 of 5 EXHIBIT B BOUNDARY: RIVER PARK 2 SLD The boundaries of Units 8, 9A, 9B and 9C of River Park as recorded in Plat Book 14, pages 31, 37 and 47 and Plat Book 15, pages 28, 28A and 28B of the Public Records of St. Lucie County, Florida Page 5 of 5 RESOLUTION NO. 09-331 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, STATING ITS INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON -AD VALOREM SPECIAL ASSESSMENTS LEVIED BY THE PROPOSED HARMONY HEIGHTS 1 STREET LIGHTING DISTRICT; DESCRIBING THE AREA SUBJECT TO THE ASSESSMENT; STATING A NEED FOR THE LEVY; PROVIDING FOR MAILING THE RESOLUTION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the "Board") is contemplating the creation of the Harmony Heights 1 Street Lighting District (the "SLD") to fund the cost of providing street lighting services to properties within the boundaries of the proposed Harmony Heights 1 SLD (the "Project") in St. Lucie County; and WHEREAS, the Board, as the governing body of the SLD, intends to use the uniform method for collecting non -ad valorem special assessments to fund the cost of the Project as authorized by Section 197.3632, Florida Statutes because this method will allow the special assessments to be collected annually commencing in November 2010, in the same manner as provided for ad valorem taxes; and WHEREAS, on December 8, 2009, the Board held a duly advertised public hearing to consider the adoption of this resolution, proof of publication of this hearing is attached hereto and made a part hereof as Exhibit "A". Page 1 of 5 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: Commencing with the 2010-2011 Fiscal Year and with the tax statement mailed for the 2010-2011 Fiscal Year, the Board intends to use the uniform method of collecting non -ad valorem assessments authorized in Section 197.3632, Florida Statutes for collecting non -ad valorem assessments levied by the proposed Harmony Heights 1 SLD to fund the cost of providing street lighting services to properties within the boundaries of the proposed Harmony Heights, 1 SLD. A description of the boundaries of the real property within the proposed SLD and subject to the levy is attached hereto and made a part hereof as Exhibit "B". Section 2: The Board hereby determines that the levy of the assessments are necessary to fund the cost of the Project. Section 3: Upon adoption, the. County Attorney is hereby directed to send a copy of this resolution by United States mail to the Florida Department of Revenue, and the St. Lucie County Property Appraiser and Tax Collector. Section 4: This Resolution shall be effective upon adoption. Page 2 of 5 After motion and second, the vote on this Resolution was as follows: Chair Vice Chair Commissioner Commissioner Paula Lewis Charles Grande Chris Craft Doug Coward Commissioner Chris Dzadovsky PASSED AND DULY ADOPTED this 8th day of December, 2009. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney Page 3 of 5 EXHIBIT A PROOF OF PUBLICATION Page 4 of 5 EXHIBIT B BOUNDARY: HARMONY HEIGHTS 1 SLD Beginning at the northwest corner of Block J, Harmony Heights, Plat Book 8, page 24, thence southeasterly along the east right of way line of Angle Road to the northwest corner of Lot 18, Block 2, Anglevilla, Plat Book 9, page 15; thence east along the north line of Anglevilla to the north right of way line of the North Emergency Relief Canal; thence northeasterly along said canal right of way line to the southerly extension of the west line of Lot 12, Block 5, Melissa Meadows, Plat Book 9, page 72; thence north along said west line to the northwest corner of Lot 11, Block 5 of said Melissa Meadows; thence northeasterly along the north line of Lots 11, 10, 9, 8, 7, 6 and 5, Block 5 of Melissa Meadows to the northeast corner of said Lot 5; thence southeasterly along the east line of said Lot 5 to the north right of way line of Southwest Drive; thence northeasterly alone said right of way line to the east line of Lot 8, Block 3 of Melissa Meadows; thence north along the centerline of said Block 3 of Melissa Meadows to the south right of way line of North Avenue; thence west along said right of way line to the Point of Beginning, St. Lucie County, Florida. Page 5 of 5 RESOLUTION NO. 09-332 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, STATING ITS INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON -AD VALOREM SPECIAL ASSESSMENTS LEVIED BY THE PROPOSED HARMONY HEIGHTS 2 STREET LIGHTING DISTRICT; DESCRIBING THE AREA SUBJECT TO THE ASSESSMENT; STATING A NEED FOR THE LEVY; PROVIDING FOR MAILING THE RESOLUTION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the "Board") is contemplating the creation of the Harmony Heights 2 Street Lighting District (the "SLD") to fund the cost of providing street lighting services to properties within the boundaries of the proposed Harmony Heights 2 SLD (the 'Project") in St. Lucie County; and WHEREAS, the Board, as the governing body of the SLD, intends to use the uniform method for collecting non -ad valorem special assessments to fund the cost of the Project as authorized by Section 197.3632, Florida Statutes because this method will allow the special assessments to be collected annually commencing in November 2010, in the same manner as provided for ad valorem taxes; and WHEREAS, on December 8, 2009, the Board held a duly advertised public hearing to consider the adoption of this resolution, proof of publication of this hearing is attached hereto and made a part hereof as Exhibit "A". Page 1 of 5 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: Commencing with the 2010-2011 Fiscal Year and with the tax statement mailed for the 2010-2011 Fiscal Year, the Board intends to use the uniform method of collecting non -ad valorem assessments authorized in Section 197.3632, Florida Statutes for collecting non -ad valorem assessments levied by the proposed Harmony Heights 2 SLD to fund the cost of providing street lighting services to properties within the boundaries of the proposed Harmony Heights 2 SLD. A description of the boundaries of the real property within the proposed SLD and subject to the levy is attached hereto and made a part hereof as Exhibit "B". Section 2: The Board hereby determines that the levy of the assessments are necessary to fund the cost of the Project. Section 3: Upon adoption, the County Attorney is hereby directed to send a copy of this resolution by United States mail to the Florida Department of Revenue, and the St. Lucie County Property Appraiser and Tax Collector. Section 4: This Resolution shall be effective upon adoption. Page 2 of 5 After motion and second, the vote on this Resolution was as follows: Chair Paula Lewis Vice Chair Charles Grande Commissioner Chris Craft Commissioner Doug Coward Commissioner Chris Dzadovsky PASSED AND DULY ADOPTED this 8th day of December, 2009. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney Page 3 of 5 EXHIBIT B BOUNDARY: HARMONY HEIGHTS 2 SLID Canal No. 1 of the Fort Pierce Farms Drainage District on the North, North 53`d Street on the West, South Canal Avenue on the South and North 415t Street on the East, St. Lucie County, Florida. Page 5 of 5 RESOLUTION NO. 09-333 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, STATING ITS INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON -AD VALOREM SPECIAL ASSESSMENTS LEVIED BY THE PROPOSED SHERATON PLAZA STREET LIGHTING DISTRICT; DESCRIBING THE AREA SUBJECT TO THE ASSESSMENT; STATING A NEED FOR THE LEVY; PROVIDING FOR MAILING THE RESOLUTION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the 'Board") is contemplating the creation of the Sheraton Plaza Street Lighting District (the "SLD") to fund the cost of providing street lighting services to properties within the boundaries of the proposed Sheraton Plaza SLD (the "Project") in St. Lucie County; and WHEREAS, the Board, as the governing body of the SLD, intends to use the uniform method for collecting non -ad valorem special assessments to fund the cost of the Project as authorized by Section 197.3632, Florida Statutes because this method will allow the special assessments to be collected annually commencing in November 2010, in the same manner as provided for ad valorem taxes; and WHEREAS, on December 8, 2009, the Board held a duly advertised public hearing to consider the adoption of this resolution, proof of publication of this hearing is attached hereto and made a part hereof as Exhibit "A". Page 1 of 5 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: Commencing with the 2010-2011 Fiscal Year and with the tax statement mailed for the 2010-2011 Fiscal Year, the Board intends to use the uniform method of collecting non -ad valorem assessments authorized in Section 197.3632, Florida Statutes for collecting non -ad valorem assessments levied by the proposed Sheraton Plaza SLD to fund the cost of providing street lighting services to properties within the boundaries of the proposed Sheraton Plaza SLD. A description of the boundaries of the real property within the proposed SLD and subject to the levy is attached hereto and made a part hereof as Exhibit "B". Section 2: The Board hereby determines that the levy of the assessments are necessary to fund the cost of the Project. Section 3: Upon adoption, the County Attorney is hereby directed to send a copy of this resolution by United States mail to the Florida Department of Revenue, and the St. Lucie County Property Appraiser and Tax Collector. Section 4: This Resolution shall be effective upon adoption. Page 2 of 5 After motion and second, the vote on this Resolution was as follows: Chair Paula Lewis Vice Chair Charles Grande Commissioner Chris Craft Commissioner Doug Coward Commissioner Chris Dzadovsky PASSED AND DULY ADOPTED this 8th day of December, 2009. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney Page 3 of 5 EXHIBIT A PROOF OF PUBLICATION Page 4 of 5 EXHIBIT B BOUNDARY: SHERATON PLAZA SLD The boundaries of Units 1, 2, 3, 2-Replat, 3-Replat, 4-Replat of Sheraton Plaza as recorded in Plat Book 14, pages 32, 38 and 39, and Plat Book 16, pages 2, 12 and 18 of the Public Records of St. Lucie County, Florida. Page 5 of 5 a RESOLUTION NO. 09-334 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, STATING ITS INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON -AD VALOREM SPECIAL ASSESSMENTS LEVIED BY THE PROPOSED SUNLAND GARDENS STREET LIGHTING DISTRICT; DESCRIBING THE AREA SUBJECT TO THE ASSESSMENT; STATING A NEED FOR THE LEVY; PROVIDING FOR MAILING THE RESOLUTION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the 'Board") is contemplating the creation of the Sunland Gardens Street Lighting District (the "SLD") to fund the cost of providing street lighting services to properties within the boundaries of the proposed Sunland Gardens SLD (the "Project") in St. Lucie County; and WHEREAS, the Board, as the governing body of the SLD, intends to use the uniform method for collecting non -ad valorem special assessments to fund the cost of the Project as authorized by Section 197.3632, Florida Statutes because this method will allow the special assessments to be collected annually commencing in November 2010, in the same manner as provided for ad valorem taxes; and WHEREAS, on December 8, 2009, the Board held a duly advertised public hearing to consider the adoption of this resolution, proof of publication of this hearing is attached hereto and made a part hereof as Exhibit "A". Page 1 of 5 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: Commencing with the 2010-2011 Fiscal Year and with the tax statement mailed for the 2010-2011 Fiscal Year, the Board intends to use the uniform method of collecting non -ad valorem assessments authorized in Section 197.3632, Florida Statutes for collecting non -ad valorem assessments levied by the proposed Sunland Gardens SLD to fund the cost of providing street lighting services to properties within the boundaries of the proposed Sunland Gardens SLD. A description of the boundaries of the real property within the proposed SLD and subject to the levy is attached hereto and made a part hereof as Exhibit "B". Section 2: The Board hereby determines that the levy of the assessments are necessary to fund the cost of the Project. Section 3: Upon adoption, the County Attorney is hereby directed to send a copy of this resolution by United States mail to the Florida Department of Revenue, and the St. Lucie County Property Appraiser and Tax Collector. Section 4: This Resolution shall be effective upon adoption. Page 2 of 5 After motion and second, the vote on this Resolution was as follows: Chair Paula Lewis Vice Chair Charles Grande Commissioner Chris Craft Commissioner Doug Coward Commissioner Chris Dzadovsky PASSED AND DULY ADOPTED this 8th day of December, 2009. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA By: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney Page 3 of 5 EXHIBIT B BOUNDARY: SUNLAND GARDENS SLD Avenue I, J, K, L, M, N, O, P, Q, R, S and T between 33'd Street and North 41st Street And 33ro Street, 35" Street, 37th Street, 39th Street and 41 st Street between Avenue I and Avenue T. Page 5 of 5 RESOLUTION NO. 09-335 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, STATING ITS INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON -AD VALOREM SPECIAL ASSESSMENTS LEVIED BY THE PROPOSED SUNRISE PARK STREET LIGHTING DISTRICT; DESCRIBING THE AREA SUBJECT TO THE ASSESSMENT; STATING A NEED FOR THE LEVY; PROVIDING FOR MAILING THE RESOLUTION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the "Board") is contemplating the creation of the Sunrise Park Street Lighting District (the "SLD") to fund the cost of providing street lighting services to properties within the boundaries of the proposed Sunrise Park SLD (the "Project') in St. Lucie County; and WHEREAS, the Board, as the governing body of the SLD, intends to use the uniform method for collecting non -ad valorem special assessments to fund the cost of the Project as authorized by Section 197.3632, Florida Statutes because this method will allow the special assessments to be collected annually commencing in November 2010, in the same manner as provided for ad valorem taxes; and WHEREAS, on December 8, 2009, the Board held a duly advertised public hearing to consider the adoption of this resolution, proof of publication of this hearing is attached hereto and made a part hereof as Exhibit "A". Page 1 of 5 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: Commencing with the 2010-2011 Fiscal Year and with the tax statement mailed for the 2010-2011 Fiscal Year, the Board intends to use the uniform method of collecting non -ad valorem assessments authorized in Section 197.3632, Florida Statutes for collecting non -ad valorem assessments levied by the proposed Sunrise Park SLD to fund the cost of providing street lighting services to properties within the boundaries of the proposed Sunrise Park SLD. A description of the boundaries of the real property within the proposed SLD and subject to the levy is attached hereto and made a part hereof as Exhibit "B". Section 2: The Board hereby determines that the levy of the assessments are necessary to fund the cost of the Project. Section 3: Upon adoption, the County Attorney is hereby directed to send a copy of this resolution by United States mail to the Florida Department of Revenue, and the St. Lucie County Property Appraiser and Tax Collector. Section 4: This Resolution shall be effective upon adoption. Page 2 of 5 After motion and second, the vote on this Resolution was as follows: Chair Paula Lewis Vice Chair Charles Grande Commissioner Chris Craft Commissioner Doug Coward Commissioner Chris Dzadovsky PASSED AND DULY ADOPTED this 8th day of December, 2009. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney Page 3 of 5 EXHIBIT A PROOF OF PUBLICATION Page 4 of 5 EXHIBIT B BOUNDARY: SUNRISE PARK SLD North 25" Street, Avenue Q, North 33"d Street and Avenue T Page 5 of 5 RESOLUTION NO. 09-336 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, STATING ITS INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON -AD VALOREM SPECIAL ASSESSMENTS LEVIED BY THE PROPOSED PARADISE PARK STREET LIGHTING DISTRICT; DESCRIBING THE AREA SUBJECT TO THE ASSESSMENT; STATING A NEED FOR THE LEVY; PROVIDING FOR MAILING THE RESOLUTION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the 'Board") is contemplating the creation of the Paradise Park Street Lighting District (the "SLD") to fund the cost of providing street lighting services to properties within the boundaries of the proposed Paradise Park SLD (the "Project") in St. Lucie County; and WHEREAS, the Board, as the governing body of the SLD, intends to use the uniform method for collecting non -ad valorem special assessments to fund the cost of the Project as authorized by Section 197.3632, Florida Statutes because this method will allow the special assessments to be collected annually commencing in November 2010, in the same manner as provided for ad valorem taxes; and WHEREAS, on December 8, 2009, the Board held a duly advertised public hearing to consider the adoption of this resolution, proof of publication of this hearing is attached hereto and made a part hereof as Exhibit "A". Page 1 of 5 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: Commencing with the 2010-2011 Fiscal Year and with the tax statement mailed for the 2010-2011 Fiscal Year, the Board intends to use the uniform method of collecting non -ad valorem assessments authorized in Section 197.3632, Florida Statutes for collecting non -ad valorem assessments levied by the proposed Paradise Park SLD to fund the cost of providing street lighting services to properties within the boundaries of the proposed Paradise Park SLD. A description of the boundaries of the real property within the proposed SLD and subject to the levy is attached hereto and made a part hereof as Exhibit "B". Section 2: The Board hereby determines that the levy of the assessments are necessary to fund the cost of the Project. Section 3: Upon adoption, the County Attorney is hereby directed to send a copy of this resolution by United States mail to the Florida Department of Revenue, and the St. Lucie County Property Appraiser and Tax Collector. Section 4: This Resolution shall be effective upon adoption. Page 2 of 5 After motion and second, the vote on this Resolution was as follows: Chair Paula Lewis Vice Chair Charles Grande Commissioner Chris Craft Commissioner Doug Coward Commissioner Chris Dzadovsky PASSED AND DULY ADOPTED this 8th day of December, 2009. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney E Page 3 of 5 EXHIBIT B DESCRIPTION: PARADISE PARK SLD Canal No. 1 of the Fort Pierce Farms Water Management District, Canal C-25 of the South Florida Water Management District, and North 25th Street. Page 5 of 5 RESOLUTION NO. 09-337 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, STATING ITS INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON -AD VALOREM SPECIAL ASSESSMENTS LEVIED BY THE PROPOSED HOLIDAY PINES STREET LIGHTING DISTRICT; DESCRIBING THE AREA SUBJECT TO THE ASSESSMENT; STATING A NEED FOR THE LEVY; PROVIDING FOR MAILING THE RESOLUTION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the 'Board") is contemplating the creation of the Holiday Pines Street Lighting District (the "SLD") to fund the cost of providing street lighting services to properties within the boundaries of the proposed Holiday Pines SLD (the "Project") in St. Lucie County; and WHEREAS, the Board, as the governing body of the SLD, intends to use the uniform method for collecting non -ad valorem special assessments to fund the cost of the Project as authorized by Section 197.3632, Florida Statutes because this method will allow the special assessments to be collected annually commencing in November 2010, in the same manner as provided for ad valorem taxes; and WHEREAS, on December 8, 2009, the Board held a duly advertised public hearing to consider the adoption of this resolution, proof of publication of this hearing is attached hereto and made a part hereof as Exhibit "A". Page 1 of 5 e NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: Commencing with the 2010-2011 Fiscal Year and with the tax statement mailed for the 2010-2011 Fiscal Year, the Board intends to use the uniform method of collecting non -ad valorem assessments authorized in Section 197.3632, Florida Statutes for collecting non -ad valorem assessments levied by the proposed Holiday Pines SLD to fund the cost of providing street lighting services to properties within the boundaries of the proposed Holiday Pines SLD. A description of the boundaries of the real property within the proposed SLD and subject to the levy is attached hereto and made a part hereof as Exhibit "B". Section 2: The Board hereby determines that the levy of the assessments are necessary to fund the cost of the Project. Section 3: Upon adoption, the County Attorney is hereby directed to send a copy of this resolution by United States mail to the Florida Department of Revenue, and the St. Lucie County Property Appraiser and Tax Collector. Section 4: This Resolution shall be effective upon adoption. Page 2 of 5 After motion and second, the vote on this Resolution was as follows: Chair Vice Chair Commissioner Paula Lewis Charles Grande Chris Craft Commissioner Doug Coward Commissioner Chris Dzadovsky PASSED AND DULY ADOPTED this 8th day of December, 2009. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney Page 3 of 5 EXHIBIT B BOUNDARY: HOLIDAY PINES SLD Fort Pierce Farms Drainage Canal on the South, East right-of-way of Eastwood Drive, Southeast right-of-way of SR 713, and a line running due North approximately 1,325' east of the western boundary of Range 40 East. Page 5 of 5 RESOLUTION NO. 09-338 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, STATING ITS INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON -AD VALOREM SPECIAL ASSESSMENTS LEVIED BY THE PROPOSED GROVE STREET LIGHTING DISTRICT; DESCRIBING THE AREA SUBJECT TO THE ASSESSMENT; STATING A NEED FOR THE LEVY; PROVIDING FOR MAILING THE RESOLUTION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the 'Board") is contemplating the creation of the Grove Street Lighting District (the "SLD") to fund the cost of providing street lighting services to properties within the boundaries of the proposed Grove SLD (the "Project") in St. Lucie County; and WHEREAS, the Board, as the governing body of the SLD, intends to use the uniform method for collecting non -ad valorem special assessments to fund the cost of the Project as authorized by Section 197.3632, Florida Statutes because this method will allow the special assessments to be collected annually commencing in November 2010, in the same manner as provided for ad valorem taxes; and WHEREAS, on December 8, 2009, the Board held a duly advertised public hearing to consider the adoption of this resolution, proof of publication of this hearing is attached hereto and made a part hereof as Exhibit "A". Page 1 of 5 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: Commencing with the 2010-2011 Fiscal Year and with the tax statement mailed for the 2010-2011 Fiscal Year, the Board intends to use the uniform method of collecting non -ad valorem assessments authorized in Section 197.3632, Florida Statutes for collecting non -ad valorem assessments levied by the proposed Grove SLD to fund the cost of providing street lighting services to properties within the boundaries of the proposed Grove SLD. A description of the boundaries of the real property within the proposed SLD and subject to the levy is attached hereto and made a part hereof as Exhibit "B". Section 2: The Board hereby determines that the levy of the assessments are necessary to fund the cost of the Project. Section 3: Upon adoption, the County Attorney is hereby directed to send a copy of this resolution by United States mail to the Florida Department of Revenue, and the St. Lucie County Property Appraiser and Tax Collector. Section 4: This Resolution shall be effective upon adoption. Page 2 of 5 After motion and second, the vote on this Resolution was as follows: Chair Paula Lewis Vice Chair Charles Grande Commissioner Chris Craft Commissioner Doug Coward Commissioner Chris Dzadovsky - PASSED AND DULY ADOPTED this 8th day of December, 2009. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney Page 3 of 5 EXHIBIT B BOUNDARY: THE GROVE SLD Lot 248, less the West 30' and the South 33.5', all Lots 249, Lot 250, less East 103', Lot 251, less the East 92, all of Lot 252. Lot 253, less the North 33.5 and the West 30', Lot 254, less the East 30', the North 33.5' and the West 78', and the South 60' of Lot 254, less the East 30', and the West 78', Lot 260, less the West 30' all of Lot 261, Lot 262, less the East 92' Lot 263, less the West 30', all of the above being in Sheen's Plat of White City as recorded in Plat Book 1, Page 23, St. Lucie County, Florida, also Lot 11, Block 15 Indian River Estates, Unit 3, as recorded in Plat Book 10, Page 47, St. Lucie County, Florida. Page 5 of 5 RESOLUTION NO. 09-339 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, STATING ITS INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON -AD VALOREM SPECIAL ASSESSMENTS LEVIED BY THE PROPOSED BLAKELY SUBDIVISION STREET LIGHTING DISTRICT; DESCRIBING THE AREA SUBJECT TO THE ASSESSMENT; STATING A NEED FOR THE LEVY; PROVIDING FOR MAILING THE RESOLUTION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the "Board") is contemplating the creation of the Blakely Subdivision Street Lighting District (the "SLD") to fund the cost of providing street lighting services to properties within the boundaries of the proposed Blakely Subdivision SLD (the "Project") in St. Lucie County; and WHEREAS, the Board, as the governing body of the SLD, intends to use the uniform method for collecting non -ad valorem special assessments to fund the cost of the Project as authorized by Section 197.3632, Florida Statutes because this method will allow the special assessments to be collected annually commencing in November 2010, in the same manner as provided for ad valorem taxes; and WHEREAS, on December 8, 2009, the Board held a duly advertised public hearing to consider the adoption of this resolution, proof of publication of this hearing is attached hereto and made a part hereof as Exhibit "A". Page 1 of 5 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: Commencing with the 2010-2011 Fiscal Year and with the tax statement mailed for the 2010-2011 Fiscal Year, the Board intends to use the uniform method of collecting non -ad valorem assessments authorized in Section 197.3632, Florida Statutes for collecting non -ad valorem assessments levied by the proposed Blakely Subdivision SLD to fund the cost of providing street lighting services to properties within the boundaries of the proposed Blakely Subdivision SLD. A description of the boundaries of the real property within the proposed SLD and subject to the levy is attached hereto and made a part hereof as Exhibit "B". Section 2: The Board hereby determines that the levy of the assessments are necessary to fund the cost of the Project. Section 3: Upon adoption, the County Attorney is hereby directed to send'a copy of this resolution by United States mail to the Florida Department of Revenue, and the St. Lucie County Property Appraiser and Tax Collector. Section 4: This Resolution shall be effective upon adoption. Page 2 of 5 After motion and second, the vote on this Resolution was as follows: Chair Vice Chair Commissioner Paula Lewis Charles Grande Chris Craft Commissioner Doug Coward Commissioner Chris Dzadovsky PASSED AND DULY ADOPTED this 8th day of December, 2009. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney Page 3 of 5 EXHIBIT A PROOF OF PUBLICATION Page 4 of 5 EXHIBIT B BOUNDARY: THE BLAKELY SUBDIVISION SLD The perimeter of Blakely Subdivision, Platording to the plat Book 10 at Page 50thereof and located north of Official Records of S. Lucie County in Avenue Q and east of North 17th Street. Page 5 of 5 RESOLUTION NO. 09-340 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, STATING ITS INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON -AD VALOREM SPECIAL ASSESSMENTS LEVIED BY THE PROPOSED INDIAN RIVER ESTATES STREET LIGHTING DISTRICT; DESCRIBING THE AREA SUBJECT TO THE ASSESSMENT; STATING A NEED FOR THE LEVY; PROVIDING FOR MAILING THE RESOLUTION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the 'Board") is contemplating the creation of the Indian River Estates Street Lighting District (the "SLD") to fund the cost of providing street lighting services to properties within the boundaries of the proposed Indian River Estates SLD (the 'Project") in St. Lucie County; and WHEREAS, the Board, as the governing body of the SLD, intends to use the uniform method for, collecting non -ad valorem special assessments to fund the cost of the Project as authorized by Section 197.3632, Florida Statutes because this method will allow the special assessments to be collected annually commencing in November 2010, in the same manner as provided for ad valorem taxes; and WHEREAS, on December 8, 2009, the Board held a duly advertised public hearing to consider the adoption of this resolution, proof of publication of this hearing is attached hereto and made a part hereof as Exhibit "A". Page 1 of 5 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: Commencing with the 2010-2011 Fiscal Year and with the tax statement mailed for the 2010-2011 Fiscal Year, the Board intends to use the uniform method of collecting non -ad valorem assessments authorized in Section 197.3632, Florida Statutes for collecting non -ad valorem assessments levied by the proposed Indian River Estates SLD to fund the cost of providing street lighting services to properties within the boundaries of the proposed Indian River Estates SLD. A description of the boundaries of the real property within the proposed SLD and subject to the levy is attached hereto and made a part hereof as Exhibit "B". Section 2: The Board hereby determines that the levy of the assessments are necessary to fund the cost of the Project. Section 3: Upon adoption, the County Attorney is hereby directed to send a copy of this resolution by United States mail to the Florida Department of Revenue, and the St. Lucie County Property Appraiser and Tax Collector. Section 4: This Resolution shall be effective upon adoption. Page 2 of 5 After motion and second, the vote on this Resolution was as follows: Chair Paula Lewis Vice Chair Charles Grande Commissioner Chris Craft Commissioner Doug Coward Commissioner Chris Dzadovsky PASSED AND DULY ADOPTED this 8th day of December, 2009. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney Page 3 of 5 EXHIBIT B BOUNDARY: THE INDIAN RIVER ESTATES SLD The perimeter of the Indian River Estates Subdivision — Units 1 through 9. (Located south of Weatherbee Road and West of the Savannahs.) No territory within said boundaries should be excluded from the District because of the disproportionate cost of providing for such territory, the improvements or special services petitioned for, or for any other reason. Page 5 of 5 RESOLUTION NO. 09-341 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, STATING ITS INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON -AD VALOREM SPECIAL ASSESSMENTS LEVIED BY THE PROPOSED QUEENS COVE STREET LIGHTING DISTRICT; DESCRIBING THE AREA SUBJECT TO THE ASSESSMENT; STATING A NEED FOR THE LEVY; PROVIDING FOR MAILING THE RESOLUTION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the "Board") is contemplating the creation of the Queens Cove Street Lighting District (the "SLD") to fund the cost of providing street lighting services to properties within the boundaries of the proposed Queens Cove SLD (the "Project") in St. Lucie County; and WHEREAS, the Board, as the governing body of the SLD, intends to use the uniform method for collecting non -ad valorem special assessments to fund the cost of the Project as authorized by Section 197.3632, Florida Statutes because this method will allow the special assessments to be collected annually commencing in November 2010, in the same manner as provided for ad valorem taxes; and WHEREAS, on December 8, 2009, the Board held a duly advertised public hearing to consider the adoption of this resolution, proof of publication of this hearing is attached hereto and made a part hereof as Exhibit "A". Page 1 of 5 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: Commencing with the 2010-2011 Fiscal Year and with the tax statement mailed for the 2010-2011 Fiscal Year, the Board intends to use the uniform method of collecting non -ad valorem assessments authorized in Section 197.3632, Florida Statutes for collecting non -ad valorem assessments levied by the proposed Queens Cove SLD to fund the cost of providing street lighting services to properties within the boundaries of the proposed Queens Cove SLD. A description of the boundaries of the real property within the proposed SLD and subject to the levy is attached hereto and made a part hereof as Exhibit "B". Section 2: The Board hereby determines that the levy of the assessments are necessary to fund the cost of the Project. Section 3: Upon adoption, the County Attorney is hereby directed to send a copy of this resolution by United States mail to the Florida Department of Revenue, and the St. Lucie County Property Appraiser and Tax Collector. Section 4: This Resolution shall be effective upon adoption. Page 2 of 5 After motion and second, the vote on this Resolution was as follows: Chair Paula Lewis Vice Chair Charles Grande Commissioner Chris Craft Commissioner Doug Coward Commissioner Chris Dzadovsky PASSED AND DULY ADOPTED this 8th day of December, 2009. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Chairman APPROVED AS TO FORM AND CORRECTNESS: Page 3 of 5 County Attorney EXHIBIT B BOUNDARY: THE QUEENS COVE SLD The perimeter of the Queens Cove Subdivision — Units 1 through 3. (Located west of S.R. A1A and north of Jack Island). No territory within said boundaries should be excluded from the District because of the disproportionate cost of providing for such territory, the improvements or special services petitioned for, or for any other reason. Page 5 of 5 RESOLUTION NO. 09-342 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, STATING ITS INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON -AD VALOREM SPECIAL ASSESSMENTS LEVIED BY THE PROPOSED PALM GROVE STREET LIGHTING DISTRICT; DESCRIBING THE AREA SUBJECT TO THE ASSESSMENT; STATING A NEED FOR THE LEVY; PROVIDING FOR MAILING THE RESOLUTION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the "Board") is contemplating the creation of the Palm Grove Street Lighting District (the "SLD") to fund the cost of providing street lighting services to properties within the boundaries of the proposed Palm Grove SLD (the "Project") in St. Lucie County; and WHEREAS, the Board, as the governing body of the SLD, intends to use the uniform method for collecting non -ad valorem special assessments to fund the cost of the Project as authorized by Section 197.3632, Florida Statutes because this method will allow the special assessments to be collected annually commencing in November 2010, in the same manner as provided for ad valorem taxes; and WHEREAS, on December 8, 2009, the Board held a duly advertised public hearing to consider the adoption of this resolution, proof of publication of this hearing is attached hereto and made a part hereof as Exhibit "A". Page 1 of 5 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: Commencing with the 2010-2011 Fiscal Year and with the tax statement mailed for the 2010-2011 Fiscal Year, the Board intends to use the uniform method of collecting non -ad valorem assessments authorized in Section 197.3632, Florida Statutes for collecting non -ad valorem assessments levied by the proposed Palm Grove SLD to fund the cost of providing street lighting services to properties within the boundaries of the proposed Palm Grove SLD. A description of the boundaries of the real property within the proposed SLD and subject to the levy is attached hereto and made a part hereof as Exhibit "B". Section 2: The Board hereby determines that the levy of the assessments are necessary to fund the cost of the Project. Section 3: Upon adoption, the County Attorney is hereby directed to send a copy of this resolution by United States mail to the Florida Department of Revenue, and the St. Lucie County Property Appraiser and Tax Collector. Section 4: This Resolution shall be effective upon adoption. Page 2 of 5 i After motion and second, the vote on this Resolution was as follows: Chair Paula Lewis Vice Chair Charles Grande Commissioner Chris Craft Commissioner Doug Coward Commissioner Chris Dzadovsky PASSED AND DULY ADOPTED this 8th day of December, 2009. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Chairman APPROVED AS TO FORM AND CORRECTNESS: Page 3 of 5 County Attorney EXHIBIT B BOUNDARY: THE PALM GROVE SLD The perimeter of the Palm Grove Subdivision (Located west of U.S. Highway 1.) No territory within said boundaries should be excluded from the District because of the disproportionate cost of providing for such territory, the improvements or special services petitioned for, or for any other reason. Page 5 of 5 RESOLUTION NO. 09-343 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, STATING ITS INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON -AD VALOREM SPECIAL ASSESSMENTS LEVIED BY THE PROPOSED SOUTHERN OAKS STREET LIGHTING DISTRICT; DESCRIBING THE AREA SUBJECT TO THE ASSESSMENT; STATING A NEED FOR THE LEVY; PROVIDING FOR MAILING THE RESOLUTION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the "Board") is contemplating the creation of the Southern Oaks Street Lighting District (the "SLD") to fund the cost of providing street lighting services to properties within the boundaries of the proposed Southern Oaks SLD (the "Project") in St. Lucie County; and WHEREAS, the Board, as the governing body of the SLD, intends to use the uniform method for collecting non -ad valorem special assessments to fund the cost of the Project as authorized by Section 197.3632, Florida Statutes because this method will allow the special assessments to be collected annually commencing in November 2010, in the same manner as provided for ad valorem taxes; and WHEREAS, on December 8, 2009, the Board held a duly advertised public hearing to consider the adoption of this resolution, proof of publication of this hearing is attached hereto and made a part hereof as Exhibit "A". Page 1 of 5 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: Commencing with the 2010-2011 Fiscal Year and with the tax statement mailed for the 2010-2011 Fiscal Year, the Board intends to use the uniform method of collecting non -ad valorem assessments authorized in Section 197.3632, Florida Statutes for collecting non -ad valorem assessments levied by the proposed Southern Oaks SLD to fund the cost of providing street lighting services to properties within the boundaries of the proposed Southern Oaks SLD. A description of the boundaries of the real property within the proposed SLD and subject to the levy is attached hereto and made a part hereof as Exhibit "B". Section 2: The Board hereby determines that the levy of the assessments are necessary to fund the cost of the Project. Section 3: Upon adoption, the County Attorney is hereby directed to send a copy of this resolution by United States mail to the Florida Department of Revenue, and the St. Lucie County Property Appraiser and Tax Collector. Section 4: This Resolution shall be effective upon adoption. Page 2 of 5 r After motion and second, the vote on this Resolution was as follows: Chair Paula Lewis Vice Chair Charles Grande Commissioner Chris Craft Commissioner Doug Coward Commissioner Chris Dzadovsky PASSED AND DULY ADOPTED this 8th day of December, 2009. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney Page 3 of 5 EXHIBIT A PROOF OF PUBLICATION Page 4 of 5 EXHIBIT B BOUNDARY: THE SOUTHERN OAKS SLD All of Southern Oak Estates Subdivision as described in Plat Book 30, pages 18 and 18A, of the Public Records of St. Lucie County, Florida, less and except Tract "A' and Tract "B"; and all of the First Replat of Southern Oaks Estates Subdivision as described in Plat Book 33, Page 12, of the Public Records of St. Lucie County, Florida. Page 5 of 5 RESOLUTION NO. 09-344 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, STATING ITS INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON -AD VALOREM SPECIAL ASSESSMENTS LEVIED BY THE PROPOSED MEADOWOOD STREET LIGHTING DISTRICT; DESCRIBING THE AREA SUBJECT TO THE ASSESSMENT; STATING A NEED FOR THE LEVY; PROVIDING FOR MAILING THE RESOLUTION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the 'Board") is contemplating the creation of the Meadowood Street Lighting District (the "SLD") to fund the cost of providing street lighting services to properties within the boundaries of the proposed Meadowood SLD (the "Project") in St. Lucie County; and WHEREAS, the Board, as the governing body of the SLD, intends to use the uniform method for collecting non -ad valorem special assessments to fund the cost of the Project as authorized by Section 197.3632, Florida Statutes because this method will allow the special assessments to be collected annually commencing in November 2010, in the same manner as provided for ad valorem taxes; and WHEREAS, on December 8, 2009, the Board held a duly advertised public hearing to consider the adoption of this resolution, proof of publication of this hearing is attached hereto and made a part hereof as Exhibit "A". Page 1 of 5 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: Commencing with the 2010-2011 Fiscal Year and with the tax statement mailed for the 2010-2011 Fiscal Year, the Board intends to use the uniform method of collecting non -ad valorem assessments authorized in Section 197.3632, Florida Statutes for collecting non -ad valorem assessments levied by the proposed Meadowood SLD to fund the cost of providing street lighting services to properties within the boundaries of the proposed Meadowood SLD. A description of the boundaries of the real property within the proposed SLD and subject to the levy is attached hereto and made a part hereof as Exhibit "B". Section 2: The Board hereby determines that the levy of the assessments are necessary to fund the cost of the Project. Section 3: Upon adoption, the County Attorney is hereby directed to send a copy of this resolution by United States mail to the Florida Department of Revenue, and the St. Lucie County Property Appraiser and Tax Collector. Section 4: This Resolution shall be effective upon adoption. Page 2 of 5 After motion and second, the vote on this Resolution was as follows: Chair Paula Lewis Vice Chair Charles Grande Commissioner Chris Craft Commissioner Doug Coward Commissioner Chris Dzadovsky PASSED AND DULY ADOPTED this 8th day of December, 2009. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney i Page 3 of 5 EXHIBIT B BOUNDARY: THE MEADOWOOD SLD Commence at the Northeast corner of the Southeast quarter of Section 27, Range 39 East, Township 34 South, St. Lucie County, Florida, thence run West 1,405.70 feet more or less, thence run South 110 feet more or less to the point of beginning. Thence continue South 553.07 feet more or less, thence run West 622.27 feet more or less, thence run South 662.88 feet more or less, thence run East 621.57 feet more or less, thence run South 2,866.14 feet more or less, thence run West 3,948.60 feet more or less, thence run North 2,906.36 feet more or less, thence run West 1,323.04 feet more or less, thence run North 1,218.45 feet more or less, thence run East 1,323.36 feet more or less, thence run South 8 feet more or less, thence run East 3,941.01 feet more or less to the point of beginning. All lying and being in Sections 27, 28, and 34 of Township 34 South, Range 39 East, St. Lucie County, Florida. The above described tract of land covers all of Monte Carlo Country Club Units One, two, and Three and Patti Rizzo Plaza — Condo and Yvonne Plaza Condo. Street Names Within: Johnston Road, Monte Carlo Blvd., Sandtrap Ln., Raymond Floyd Ave., Putter Path, Yvonne Plaza, Tournament Ave., Master Ave., Driver Dr., Birdie Dr., International Cir., Bogey Dr., Madja Plaza, all roads in Monte Carlo Country Club, Units One, Two, and Three, Yvonne Plaza, and Patti Rizzo Plaza. Page 5 of 5 RESOLUTION NO. 09-345 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, STATING ITS INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON -AD VALOREM SPECIAL ASSESSMENTS LEVIED BY THE PROPOSED PALM LAKE GARDENS STREET LIGHTING DISTRICT; DESCRIBING THE AREA SUBJECT TO THE ASSESSMENT; STATING A NEED FOR THE LEVY; PROVIDING FOR MAILING THE RESOLUTION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the "Board") is contemplating the creation of the Palm Lake Gardens Street Lighting District (the "SLD") to fund the cost of providing street lighting services to properties within the boundaries of the proposed Palm Lake Gardens SLD (the "Project") in St. Lucie County; and WHEREAS, the Board, as the governing body of the SLD, intends to use the uniform method for collecting non -ad valorem special assessments to fund the cost of the Project as authorized by Section 197.3632, Florida Statutes because this method will allow the special assessments to be collected annually commencing in November 2010, in the same manner as provided for ad valorem taxes; and WHEREAS, on December 8, 2009, the Board held a duly advertised public hearing to consider the adoption of this resolution, proof of publication of this hearing is attached hereto and made a part hereof as Exhibit "A". Page 1 of 5 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: Commencing with the 2010-2011 Fiscal Year and with the tax statement mailed for the 2010-2011 Fiscal Year, the Board intends to use the uniform method of collecting non -ad valorem assessments authorized in Section 197.3632, Florida Statutes for collecting non -ad valorem assessments levied by the proposed Palm Lake Gardens SLD to fund the cost of providing street lighting services to properties within the boundaries of the proposed Palm Lake Gardens SLD. A description of the boundaries of the real property within the proposed SLD and subject to the levy is attached hereto and made a part hereof as Exhibit "B". Section 2: The Board hereby determines that the levy of the assessments are necessary to fund the cost of the Project. Section 3: Upon adoption, the County Attorney is hereby directed to send a copy of this resolution by United States mail to the Florida Department of Revenue, and the St. Lucie County Property Appraiser and Tax Collector. Section 4: This Resolution shall be effective upon adoption. Page 2 of 5 After motion and second, the vote on this Resolution was as follows: Chair Paula Lewis Vice Chair Charles Grande Commissioner Chris Craft Commissioner Doug Coward Commissioner Chris Dzadovsky PASSED AND DULY ADOPTED this 8th day of December, 2009. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney Page 3 of 5 EXHIBIT A PROOF OF PUBLICATION Page 4 of 5 EXHIBIT B BOUNDARY: THE PALM LAKE GARDENS SLD 32 35 40 NE 1 /4 of NE 114 of SE 1 /4 - Less S 200 FT of N 242.5 FT of W 316 FT of E 356 FT & Less E 40 FT - & W 1/ 2 of NE 1/4 of SE1/4 &E1/2 of NW1/4 of SE 1/4 - Less N 42.5 FT (46.03 AC) Parcel #2432-411-0010-000-8 Page 5 of 5 RESOLUTION NO. 09-346 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, STATING ITS INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON -AD VALOREM SPECIAL ASSESSMENTS LEVIED BY THE KINGS HIGHWAY INDUSTRIAL PARK STREET LIGHTING DISTRICT; DESCRIBING THE AREA SUBJECT TO THE ASSESSMENT; STATING A NEED FOR THE LEVY; PROVIDING FOR MAILING THE RESOLUTION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the "Board") has created the Kings Highway Industrial Park Street Lighting District (the "SLD") to fund the cost of providing street lighting services to properties within the boundaries of the proposed Kings Highway Industrial Park SLD (the "Project") in St. Lucie County; and WHEREAS, the Board, as the governing body of the SLD, intends to use the uniform method for collecting non -ad valorem special assessments to fund the cost of the Project as authorized by Section 197.3632, Florida Statutes because this method will allow the special assessments to be collected annually commencing in November 2010, in the same manner as provided for ad valorem taxes; and WHEREAS, on December 8, 2009, the Board held a duly advertised public hearing to consider the adoption of this resolution, proof of publication of this hearing is attached hereto and made a part hereof as Exhibit "A". Page 1 of 5 S cn NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: Commencing with the 2010-2011 Fiscal Year and with the tax statement mailed for the 2010-2011 Fiscal Year, the Board intends to use the uniform method of collecting non -ad valorem assessments authorized in Section 197.3632, Florida Statutes for collecting non -ad valorem assessments levied by the Kings Highway Industrial Park SLD to fund the cost of providing street lighting services to properties within the boundaries of the proposed Kings Highway Industrial Park SLD. A description of the boundaries of the real property within the proposed SLD and subject to the levy is attached hereto and made a part hereof as Exhibit "B". Section 2: The Board hereby determines that the levy of the assessments are necessary to fund the cost of the Project. Section 3: Upon adoption, the County Attorney is hereby directed to send a copy of this resolution by United States mail to the Florida Department of Revenue, and the St. Lucie County Property Appraiser and Tax Collector. Section 4: This Resolution shall be effective upon adoption. Page 2 of 5 i After motion and second, the vote on this Resolution was as follows: Chair Vice Chair Commissioner Paula Lewis Charles Grande Chris Craft Commissioner Doug Coward Commissioner Chris Dzadovsky PASSED AND DULY ADOPTED this 8th day of December, 2009. ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA By: Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney Page 3 of 5 a EXHIBIT B BOUNDARY: THE KINGS HIGHWAY INDUSTRIAL PARK SLD Kings Highway Industrial Park Unit One, Block A, Lots 1 thru 16, Block b, Lots 1 thru 10, Block C Lots 1 thru 9, and Block D Lots 1 thru 13, as described in Plat Book 26, Page 16, and Kings Highway Industrial Park Unit Two, Block A, Lots 17 thru 47, and Block B, Lots 11 thru 28, as described in Plat Book 21, Page 5 of the Public Records of St. Lucie County, Florida. Page 5 of 5 RESOLUTION NO. 09-347 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, STATING ITS INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON -AD VALOREM SPECIAL ASSESSMENTS LEVIED BY THE PINE HOLLOW STREET LIGHTING DISTRICT; DESCRIBING THE AREA SUBJECT TO THE ASSESSMENT; STATING A NEED FOR THE LEVY; PROVIDING FOR MAILING THE RESOLUTION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the "Board") has created the Pine Hollow Street Lighting District (the "SLD") to fund the cost of providing street lighting services to properties within the boundaries of the proposed Pine Hollow SLD (the "Project") in St. Lucie County; and WHEREAS, the Board, as the governing body of the SLD, intends to use the uniform method for collecting non -ad valorem special assessments to fund the cost of the Project as authorized by Section 197.3632, Florida Statutes because this method will allow the special assessments to be collected annually commencing in November 2010, in the same manner as provided for ad valorem taxes; and WHEREAS, on December 8, 2009, the Board held a duly advertised public hearing to consider the adoption of this resolution, proof of publication of this hearing is attached hereto and made a part hereof as Exhibit "A". Page 1 of 5 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: Section 1: Commencing with the 2010-2011 Fiscal Year and with the tax statement mailed for the 2010-2011 Fiscal Year, the Board intends to use the uniform method of collecting non -ad valorem assessments authorized in Section 197.3632, Florida Statutes for collecting non -ad valorem assessments levied by the Pine Hollow SLD to fund the cost of providing street lighting services to properties within the boundaries of the proposed Pine Hollow SLD. A description of the boundaries of the real property within the proposed SLD and subject to the levy is attached hereto and made a part hereof as Exhibit "B". Section 2: The Board hereby determines that the levy of the assessments are necessary to fund the cost of the Project. Section 3: Upon adoption, the County Attorney is hereby directed to send a copy of this resolution by United States mail to the Florida Department of Revenue, and the St. Lucie County Property Appraiser and Tax Collector. Section 4: This Resolution shall be effective upon adoption. Page 2 of 5 r After motion and second, the vote on this Resolution was as follows: Chair Paula Lewis Vice Chair Charles Grande Commissioner Chris Craft Commissioner Doug Coward Commissioner Chris Dzadovsky PASSED AND DULY ADOPTED this 8th day of December, 2009. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA By: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney Page 3 of 5 F IP EXHIBIT B BOUNDARY: THE PINE HOLLOW SLD Pine Hollow Subdivision Unit One, Lots 1 thru 30, as described in Plat Book 27, Page 11,A and Pine Hollow Subdivision Unit Two , Lots 1 thru 26, as described in Plat Book 38, Pages 10 & 10A of the Public Records of St. Lucie County, Florida. Page 5 of 5 MOSQUITO CONTROL DISTRICT MOSQUITO CONTROL DISTRICT www.co.st-lucie.fl.us www.stlucieco.org ttf#i#�i##fft####ftfftiffif#1ft#ftifi#itfft#f1i##ifft##ft#tfffitfffftl##flf#f fi�fitift#f#ffif##[1f�fftiif#f#i�i##ffiffffl#t###f#fiff�fi###fifti#f�C#�f##ft##ii�fiftlf#fift#ltf#fff3 Chris Dzadovsky, Chairman District No.1 Paula A. Lewis, Vice Chair District No. 3 Doug Coward District No. 2 Charles Grande District No. 4 Chris Craft District No. 5 Nt#tt#tfi�it##t#fE#f#ffffftii#fiftii#iiCfii#ft#ff " t#ffi#�ttfft#ii#fffttlftif Ef` `Ift#ff�t#i€iffi��ffi f#lliftif�`t�fiftftfiiftf#fftiftf#fttftift#f#ftffiCi#ft#tt MINUTES Approve the minutes from the November 24, 2009 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 9 and 10. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made. Upon the request of any party to the proceedings, individuals testifying during a hearing will be swom 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 Director at (772) 462-1777 or TDD (772) 462- 1428 at least forty-eight (48) hours prior to the meeting. MOSQUITO CONTROL BOARD ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: November 24, 2009 Convened: 9:56 a.m. Adjourned: 9:56 a.m. Commissioners Present: Chairman, Chris Dzadovsky, Paula A. Lewis, Chris Craft, Charles Grande, Chris Craft Others Present: Faye Outlaw, County Administrator, Lee Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Don West, Public Works Director, Marie Gouin, OMB Director, Athena Adams, Deputy Clerk MINUTES Approve the minutes from the November 10, 2009 meeting. It was moved by Com. Craft, seconded by Com. Coward, to approve the minutes of the meeting held November 10, 2009, and; upon roll call, motion carried unanimously. H. GENERAL PUBLIC COMMENT III. CONSENT AGENDA It was moved by Com. Grande, seconded by Com. Craft, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 7 and 8. The Board approved Warrant List Nos. 7 and 8. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 11/25/09 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR WARRANT LIST # 9- 21-NOV-2009 TO 25-NOV-2009 FUND SUMMARY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 362.57 GRAND TOTAL: 362.57 PAYROLL 4, 966.40 4, 966.40 12/04/09 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST #10- 28-NOV-2009 TO 04-DEC-2009 FUND SUMMARY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 3,228.38 GRAND TOTAL: 3,228.38 PAGE 1 PAYROLL 3,611.71 3,611.71 EROSION DISTRICT EROSION DISTRICT www.co.st-lucie.fl.us www.stlucieco.org ifIwiii Chris Craft, Chairman District No. 5 Charles Grande, Vice Chairman District No. 4 Doug Coward District No. 2 Chris Dzadovsky District No. 1 Paula A. Lewis District No. 3 Iflauiiii MINUTES Approve the minutes from the November 24, 2009 meeting. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA A. WARRANTS Approve warrant list No. 9 and 10. NOTICE: All Proceedings before this Board are electronically recorded. Any person who decides to appeal any action taken by the Board at these meetings will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceedings will be granted the opportunity to cross-examine any individual testifying during a hearing upon request. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Director at (772) 462-1777 or TDD (772) 462- 1428 at least forty-eight (48) hours prior to the meeting. EROSION CONTROL DISTRICT ST. LUCIE COUNTY, FLORIDA REGULAR MEETING Date: November 24, 2009 Convened: 9:58 a.m. Adjourned: 9:58 a.m. Commissioners Present: Chairman, Chris Craft, Charles Grande, Paula A. Lewis, Doug Coward, Chris Dzadovsky Others Present: Faye Outlaw, County Administrator, Lee .Ann Lowery, Asst. County Administrator, Dan McIntyre, County Attorney, Don West, Public Works Director, Marie Gouin, OMB Director, Athena Adams, Deputy Clerk MINUTES Approve the minutes from the November 10, 2009 meeting. It was moved by Com. Lewis, seconded by Com. Coward, to approve the minutes of the meeting held November 10, 2009, and; upon roll call, motion carried unanimously. II. GENERAL PUBLIC COMMENT III. CONSENT AGENDA It was moved by Com. Grande, seconded by Com. Dzadovsky, to approve the Consent Agenda, and; upon roll call, motion carried unanimously. A. WARRANTS Approve warrant list No. 7 and 8. The Board approved Warrant List Nos. 7 and 8. There being no further business to be brought before the Board, the meeting was adjourned. Chairman Clerk of the Circuit Court 11/25/09 ST. LUCIE COUNTY - BOARD FZABWARR WARRANT LIST # 9- 21-NOV-2009 TO 25-NOV-2009 FUND SUMMARY- MOSQUITO FUND TITLE EXPENSES 145 Mosquito Fund 6,162.26 GRAND TOTAL: 6,162.26 PAGE 1 PAYROLL 34,295.13 34,295.13 12/04/09 ST. LUCIE COUNTY - BOARD PAGE 1 FZABWARR WARRANT LIST #10- 28-NOV-2009 TO 04-DEC-2009 FUND SUMMARY- EROSION FUND TITLE EXPENSES 184 Erosion Control Operating Fund 3,228.38 GRAND TOTAL: 3,228.38 PAYROLL 3,611.71 3,611.71