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3-5-2013 Agenda Packet
iflOiiEiilililiiLiiiiil(IYliiftliiiiiiitliHifliiliitliHiliiffYi{IiliiiliffllliiitlilN6Yffifflllilfilifllffii1111�f1ffiilil1111ii1P{f0ii4�OfliiliYillfliliiiliEllYi1111i11tl111111f11Ii�liiflliil➢Yililiifilil March 5, 2013 6:00 P.M. BOARD OF COUNTY COMMISSIONERS AGENDA REVISED 3/1/2013 WELCOME ALL MEETINGS ARE TELEVISED, ALL MEETINGS PROVIDED WITH WIRELESS INTERNET ACCESS FOR PUBLIC CONVENIENCE. PLEASE TURN OFF ALL CELL PHONES AND PAGERS PRIOR TO ENTERING THE COMMISSION CHAMBERS. PLEASE MUTE THE VOLUME ON ALL LAPTOPS AND PDAS WHILE IN USE IN THE COMMISSION CHAMBERS. GENERAL RULES AND PROCEDURES - Attached is the agenda, which will determine the order of business conducted at today's Board meeting. INVOCATION -PLEDGE — To bring order and decorum to its meeting, the Board begins its meetings with an invocation followed by the Pledge of Allegiance. Participation is voluntary. CONSENT AGENDA — These items are considered routine and are enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests. REGULAR AGENDA — Proclamations, Presentations, Public Hearings, and Department requests are items, which the Commission will discuss individually, usually in the order listed on the agenda. PUBLIC HEARINGS — These items may be heard on the first Tuesday at 6:00 P.M. or as soon thereafter as possible and on the third Tuesday at 9:00 A.M. or as soon thereafter as possible, these time designations are intended to indicate that an item will not be addressed r�lor 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; the first Tuesday at 6:00 P.M. and the third Tuesday at 9:00 A.M., unless otherwise advertised. Meetings are held in the County Commission Chambers in the Roger Poitras Administration Annex at 2300 Virginia Ave., Ft. Pierce, FL 34982, The Board schedules additional workshops throughout the year as necessary to accomplish their goals and commitments. Notice is provided of these workshops. Assistive Listening Device is available to anyone with a hearing disability. Anyone with a disability requiring accommodation to attend this meeting should contact the Safety & Risk Manager at (772) 462- 1783 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. March 5, 2013 6:00 P.M. BOARD OF COUNTY www.co.st-lucle.fl.us www.stlucieco.org iilll'IifL`iililiifl�iillillliifinitlYf{liil9ilf�nlnifiillifiYlilfflfln0lffliilllflN�iIllYilliiffillfi${fiY1nf111II6itilliiltlilllilllliliiltlliiiiiifinil�Viff�iilillfO�iilliiEilifilliiliitlifl(illfi Tod Mowery, Chairman District No. 2 Frannie Hutchinson, Vice Chair District No. 4 Chris Dzadovsky District No.1 Paula A. Lewis District No. 3 Kim Johnson District No. 5 tiNttfii9hilifitilfiiifiofiififilfliiili�lifiliiift16i3SIi➢ii6iifYiiiL'HiiilfiitYYiiiiYi6iflliifiElliffifilfYlihi8ilif1i16iiiii➢il{{iYillii�i�iilillilliit6if�tiii�iii�rlliitl�iioifliiiifiliiiill9iiilfi I. INVOCATION II. PLEDGE OF ALLEGIANCE III. MINUTES Approve the minutes from the February 19, 2013 regular meeting. IV. PROCLAMATIONS/PRESENTATIONS A. COUNTYATTORNEY Resolution No.13-040 - "St. Lucie County Firefighter Appreciation Month". Consider staff recommendation to adopt Resolution No. 13-040 as drafted. V. GENERAL PUBLIC COMMENT VI. CONSENT AGENDA A. WARRANTS Approve warrant list No. 21 and 22. B. COUNTYATTORNEY Ordinance No. 13-001— Deferred Compensation Program; Permission to Advertise Consider staff recommendation to grant permission to advertise Ordinance No. 13-001 for April 2, 2013 at 6:00 p.m. or as soon thereafter as the matter may be heard. 2. Resolution No. 13-034 — Authorizing the Chairman to disburse Certificates of Achievement in St. Lucie County Consider staff recommendation to adopt Resolution No.13-034 as drafted. 3, Contract for Sale and Purchase — Jenkins Road Improvements — Malka Lina — 3550 South Jenkins Road — Pond site and road right-of-way Parcel 2430-322-0004-000/4 (portion) Consider staff recommendation to approve the Contract for Sale and Purchase from Malka Lina, 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. u COUNTY ATTORNEY CONTINUED C. R 4. St. Lucie County International Airport - Consent to Sublease Agreement between Fort Pierce FBO, LLC and Aerotrim, LLC Consider staff recommendation to consent to the Sublease Agreement between Fort Pierce FBO, LLC and Aerotrim, LLC, and authorize the Chairman to sign the Consent of Master Ground Lessor. 5. St. Lucie County International Airport - Consent to Sublease Agreement between Fort Pierce FBO, LLC and Atlantic Helicopters, LLC Consider staff recommendation to consent to the Sublease Agreement between Fort Pierce FBO, LLC and Atlantic Helicopters, LLC, and authorize the Chairman to sign the Consent of Master Ground Lessor. 6. Request for Proposals - Property Assessed Clean Energy Program - Taxable Special Assessment Line of Credit and Taxable Special Assessment Term Loans Consider staff recommendation to grant staff permission to advertise the draft Request for Proposals. ADDITION 7. BOCC Record Destruction Consider staff recommendation to approve the destruction of the records requested. PUBLIC WORKS Administration White City Drainage Citrus & Saeger— Phase 1 Consider staff recommendation to approve of Local Governmental Agreement No. 4600002795 with South Florida Water Management District (SFWMD) in the amount of $381,291 for White City Drainage Project — Phase 1 and Resolution No. 13-033 as outlined in the attached memorandum and authorize the Chairman to sign documents as approved by the County Attorney. COMMUNITY SERVICES Housing Division: 1. Neighborhood Stabilization Program 1 (NSP1) — Invitation to Bid (ITB) #1 Consider staff recommendation to approve to enter into a contract with One Construction Services for the rehabilitation of 4906 Sunset Blvd., Fort Pierce under the St. Lucie County NSP1 grant, and Budget Resolution No. 13-037 as outlined in the agenda memorandum; and authorize the Chairman to sign documents as approved by the County Attorney. 2. Neighborhood Stabilization Program 3 (NSP3) — Invitation to Bid (ITB) #2 Consider staff recommendation to approve to enter into a contract with Gentile, LLC to demolish and construct a new single family home at 110 SE Bonita Court, Port St. Lucie, River Park under the St. Lucie County NSP3 grant, as outlined in the agenda memorandum; and authorize the Chairman to sign documents as approved by the County Attorney. E. ADMINISTRATION Treasure Coast Research Park Third Amendment for Construction Management Services— Kimley Horn Consider staff recommendation to approve the Kimley Horn Third Amendment to Contract 09-12- 660 for Construction Management Services in an amount not to exceed $70,000 and authorize the Chairman to sign the Amendment as prepared and approved by the County Attorney. PLANNING & DEVELOPMENT SERVICES St. Lucie County International Airport: 1. Michael Baker Jr., Inc. Work Authorization No. 52, 150 Acre Wetland Mitigation Area Maintenance (Year 5) Consider staff recommendation to approve of Michael Baker Jr., Inc. (formerly LPA) Work Authorization No. 52 to provide consultant services for the Runway 10L/28R 150 Acre Wetland Mitigation Area Maintenance (Year 5), for a lump sum amount of $59,371, and authorization for the Chairman to sign documents as approved by the County Attorney, 2. Budget Resolution No. 13-036 for the Design & Construct Taxiway D1 Realignment & Associated Drainage Improvement grant Consider staff recommendation to approve Budget Resolution No.13-036 establishing the fund for the Design & Construct Taxiway D1 Realignment & Associated Drainage Improvements project, and authorize the Chairman to sign documents as approved by the County Attorney. VII. PUBLIC HEARINGS A. PLANNING AND DEVELOPMENT SERVICES Planning Division: Ordinance No. 13-007 — Land Development Code Text Amendment updating Section 3.01.02S to allow Bingo Parlors as a permitted use in the CG Zoning District Consider staff recommendation to approve Ordinance No. 13-007 updating Section 3.01.02S to allow bingo parlors as a permitted use in the CG Zoning District, B. PLANNING AND DEVELOPMENT SERVICES Ordinance No. 13-002 (FKA 12-019) — Future Land Use Map Amendment (FLUMA) to Conservation Public (CPUB) for 102 County -owned parcels. Consider staff recommendation to approve Ordinance No. 13-002 (FKA 12-019) for a change in Future Land Use to Conservation Public (CPUB) for 102 County -owned parcels. C. PLANNING AND DEVELOPMENT SERVICES Resolution No. 13-002 (FKA 12-161) — Rezoning to Conservation Public (CPUB) for 190 County - owned parcels Consider staff recommendation to approve Resolution No. 13-002 (FKA 12-161) for a change in zoning to Conservation Public (CPUB) for 190 County -owned parcels. REGULAR AGENDA New York Mets spring training runs through March 29r, at the St. Lucie County Sports Complex, located at 527 NE Peacock Blvd, Port St. Lucie. For tickets call 772-871-2115 or visit: www.mets.com. 2. A Port of Fort Pierce Master Plan Public Workshop will be held on Saturday, March 23, 2013 from 9:00 a.m. —1:00 p.m. at the Havert L. Fenn Center, 2000 Virginia Ave., Fort Pierce, 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 Safety & Risk Manager at (772) 462-1783 or Too (772) 462-1428 at least forty-eight (48) hours priorto the meeting. EROSION DISTRICT www.co.st•lucie.fl.us www.stiucieco.org IiiffiYilififiYilGilliBifiPi111f11YiiililrliiiiittlEiiEltlifiNiififfifilYffiflifliliflilifflitlliffl1111ii8iiifiifnii191fiiiifififnl3iffl{iitYlifi�iflili➢iliiieflliYililfi{linitliilifill(itiiilllnYfiitl Frannie Hutchinson, Chair District No. 4 Paula A. Lewis, Vice Chair District No. 3 Chris Dzadovsky District No.1 Tod Mowery District No. 2 Kim Johnson District No. 5 itiiiliiHiYitliiihliliiififiPfiiiililiillilN'liiilYiilliiitiliiiiilYi{flllifiii'Iiilifiifilli111ifiiilYYflllllrifttiiiltl{fiiYfiElilllifin611iifiYii'iilYfiliiiiiiiliilYl'Pliililliiiilifiiiilliil➢{iiliiiYi{ii GENERAL PUBLIC COMMENT II. CONSENT AGENDA A. MOSQUITO CONTROL & COASTAL MANAGEMENT Fort Pierce Beach Project 2013 Monitoring Consider staff recommendation to approve of 1) Work Authorization No. 14 with Taylor Engineering and 2) Amendment No. 3 to FDEP Project Agreement 09SL2 and authorization for the Chair to sign documents as approved by the County Attorney. 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, Lucia County Safety & Risk Manager at (772) 462-1783 or TDD (772) 462-1428 at least forty-eight (48) hours prior to the meeting. TO: BOARD OF COUNTY SUBMITTED BY(DEPT): SUBJECT: AGENDA REQUEST County Attorney ITEM NO. IV -A DATE: March 5, 2013 REGULAR [xI PUBLIC HEARING [ ] CONSENT[] PRESENTED BY: DanielS. McIntyre County Attorney Resolution No. 13-040 - "St. Lucie County Firefighter Appreciation Month". BACKGROUND: The St. Lucie County Fire Board has requested that this Board proclaim the month of April 2013 as "St. Lucie County Firefighter Appreciation Month" in St. Lucie County, Florida. The attached Resolution No. 13-040 has been drafted for that purpose. RECOMMENDATION: COMMISSION ACTION: [ ] APPROVED [ ] DENIED [ j OTHER: Staff recommends that the Board adopt the attached Resolution No.13-040 as drafted. CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM Review and Approvals [X] County Attorney: d k Daniel S. McIntyre RESOLUTION NO. 13.040 A RESOLUTION PROCLAIMING THE MONTH OF APRIL 2013 AS "ST. LUCIE COUNTY FIREFIGHTER APPRECIATION MONTH" IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Fighting fires is one of the most hazardous professions, requiring physical strength, stamina, extensive training, courage, and selfless concern for the welfare of our citizens. 2. In addition to their daily service to communities, Firefighters throughout the state and across the nation have joined the Muscular Dystrophy Association for over 58 years in the fight against neuromuscular disease. 3. The St. Lucie County Firefighters collected $37,472 throughout the community with their 2012 "Fill the Boot" campaign for the Muscular Dystrophy Association. 4. The Muscular Dystrophy Association is extremely grateful totheSt.Lucie County Firefighters for their support and dedication. 5. The funds collected by the St. Lucie County Firefighters assist the Muscular Dystrophy Association in providing medical services at local clinics, summer camp, research grants, support groups, and public education seminars at no cost to local children and families. 6. In honor of the efforts of the St. Lucie County Firefighters, the Muscular Dystrophy Association is sponsoring St. Lucie County Firefighter Appreciation Month. 7. It Is appropriate for all St. Lucie County citizens to join the Muscular Dystrophy Association in tribute to our Firefighters, NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1. This Board does hereby proclaim the month of April 2013 as "ST. LUCIE COUNTY FIREFIGHTER APPRECIATION MONTH' in St. Lucie County, Florida. 2. This Board does hereby commend the St. Lucie County Firefighters for their efforts on behalf of the Muscular Dystrophy Association. PASSED AND DULY ADOPTED this 5" day of April 2013. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA DEPUTY CLERK CHAIRMAN APPROVED AS TO LEGAL FORM AND CORRECTNESS: COUNTY ATTORNEY O z W W r, W N ? C a) o ++ .LC � O 'L Y @ (� o w L 0i U C U ` U a N = m u T O> aN-1 a) O a) ,C Y ' a a C C N 3 G al O •. 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Q �4 C� cri I— ca 1— 3 F m 0 u U a) L 0 Y v A, N N 02/22/13 FZABWARR FUND TITLE 001 001450 001451 001534 001538 001539 001547 001548 001549 101 101002 101003 101004 101006 102 102001 102113 107 107001 107002 107003 107005 107006 129 130102 140 140001 140369 160 170 183 183004 183006 189106 190 216 316001 401 418 451 471 478 ST. LUCIE COUNTY - BOARD WARRANT LIST #21--16-FEB-2013 TO 22-FEB-2013 FUND SUMMARY General Fund FCTD Planning Grant FDEM Emergency Preparedness FY 13 Metropolitan Planning/Section 5303 HUD Neighborhood Stab 3 Safe Routes to School Program 112 MPO FHWA Planning Grant Emergency Mgt Preparedness 2013 Community Services Block Grant 2013 Transportation Trust Fund Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU DEM Indian River Estates Drainage Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Legal Aid F&F Fund -Court Related Technology Parks MSTU Fund FTA 5307-ARRA 2009 Capital Projects Airport Fund Port Fund FDOT Taylor Crk Perm. Spoil Site Co Plan Maintenance RAD Fund Court Facilities Fund Ct Administrator-19th Judicial Cir Ct Admin.- Teen Court Guardian Ad Litem Fund FY 2011 Home Consortium Sports Complex Fund County Capital I&S 5th Cent Fuel -Capital Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund No County Utility District-Operatin No Cty Util Dist -Renewal & Replace EXPENSES 516,156.50 50.00 4,291.28 13.80 14.40 81.25 3,918.39 3,562.38 4,494.29 1,176.52 70,744.83 41,778.00 13,414.69 6,941.78 8,507.82 22,774.00 223,462.63 240,585.24 6,359.63 14,531.75 196.43 9,157.25 11,844.30 7,592.81 20,402.00 13,149.31 148.80 13,210.00 237.63 14,500.00 1,767.88 2,382.00 15,305.25 10.90 8,452.85 1,202.00 173,746.44 48,099.17 27,031.75 41,408.70 91,320.37 1,232.00 PAGE 1 PAYROLL 30,179.60 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 03/01/13 FZABWARR FUND TITLE 001 001009 001450 001451 001452 001512 001519 001534 001538 001539 001544 001545 001546 001547 001548 001549 001550 001823 101 101002 101003 101004 101006 102 102001 102812 107 107001 107002 107003 107006 129 130 130114 140 140139 140368 140369 140370 140372 140376 140378 ST. LUCIE COUNTY - BOARD WARRANT LIST #22- 23-FEB-2013 TO O1-MAR-2013 FUND SUMMARY General Fund Gen -One Time Funding FCTD Planning Grant FDEM Emergency Preparedness FY 13 DEM RCMP 2012-2013 Neighborhood Stabilization Program CDBG FY 2008 Disaster Recovery Metropolitan Planning/Section 5303 HUD Neighborhood Stab 3 Safe Routes to School Program CDBG Disaster Recov Enhanc Prog HUD Shelter Plus Care Grant HUD Shelter Plus Care Grant 112 MPO FHWA Planning Grant Emergency Mgt Preparedness 2013 Community Services Block Grant 2013 HUD Shelter Plus Care INTACT Transportation Trust Fund Transportation Trust/80% Constitut Transportation Trust/Local Option Transportation Trust/County Fuel Tx Transportation Trust/Impact Fees Unincorporated Services Fund Drainage Maintenance MSTU Paradise Park Stormwater Ph 3 Fine & Forfeiture Fund Fine & Forfeiture Fund -Wireless Sur Fine & Forfeiture Fund-E911 Surchar Fine & Forfeiture Fund-800 Mhz Oper F&F Fund -Court Related Technology Parks MSTU Fund SLC Public Transit MSTU FTA 5307 FY 2013 Airport Fund FAA Wildlife Hazard Assessment FDOT - Taxiway C Rehabilitation FDOT Taylor Crk Perm. Spoil Site Co Taylor Creek Dredging -Phase 2 FDOT Term/Cus Fac Ren Phs 1 FDOT New Port Ent 2nd street Imp FDOT Wildlife Hazard Assessment EXPENSES 191,087.16 25,000.00 63.09 221.07 3,533.61 21,598.21 234,794.91 75.91 1,144.95 60.34 497.42 10.38 8.07 603.98 5,216.86 126.57 10.38 536.04 3,268.06 43,140.78 14,607.39 11,289.86 26,910.00 5,423.62 33,246.32 1,769.65 97,343.69 3,968.69 3,329.76 6,134.68 927.17 339,282.64 151.84 99.29 41,039.91 3,700.24 27,672.50 355,174.20 2,612.50 3,406.10 2,000.00 411.14 PAGE 1 PAYROLL 440,449.97 0.00 828.65 0.00 450.85 723.04 606.91 1,004.54 1,665.11 793.87 1,409.25 139.77 108.71 8,156.19 0.00 1,838.15 139.77 0.00 37,088.47 40,930.46 11,684.54 15,430.67 0.00 63,585.51 10,625.15 7,456.30 95,276.00 970.78 45,402.83 0.00 9,038.13 0.00 2,085.83 1,310.15 11,163.66 0.00 0.00 0.00 0.00 0.00 0.00 0.00 03/01/13 FZABWARR FUND TITLE 183004 184215 184217 185012 187 189105 189106 189203 190 310001 310002 316 316001 318 362 401 418 451 458 471 478 479 491 505 505001 505002 611 666 801 ST. LUCIE COUNTY - BOARD WARRANT LIST #22- 23-FEB-2013 TO O1-MAR-2013 FUND SUMMARY Ct Admin.- Teen Court DEP Ft Pierce Shore Protection 2012 S SLC Beach Rest 13SL1 FHFA SHIP 2010-2011 Boating Improvement Projects HUD Housing Counseling Grant FY 2011 Home Consortium Hardest Hit fund Advisor Services Sports Complex Fund Impact Fees -Library Impact Fees -Parks County Capital 5th Cent Fuel -Capital County Capital -Transportation Bond Sports Complex Improv Fund Sanitary Landfill Fund Golf Course Fund S. Hutchinson Utilities Fund SH Util-Renewal & Replacement Fund No County Utility District-Operatin No Cty Util Dist -Renewal & Replace No Cty Util Dist -Capital Facilities Building Code Fund Health Insurance Fund Property/Casualty Insurance Fund Health Insurance Administration Tourist Development Trust-Adv Fund SLC Economic Development Trust Fund Bank Fund GRAND TOTAL: EXPENSES 2,216.87 67,290.00 98,067.78 101.65 9,444.71 134.03 156.17 24.05 12,525.24 29,62V.06 3,650.00 13,000.00 102,146.29 142,396.05 18,000.00 62,304.68 15,589.77 11,277.49 47.93 10,856.21 87.27 76.85 1,386.08 423,015.38 182.05 212.40 14,718.45 25,000.00 221,906.29 2,844,855.20 PAGE 2 PAYROLL 3,183.42 0.00 0.00 356.97 0.00 1,819.06 1,634.66 327.14 19,624.87 0.00 0.00 0.00 0.00 0.00 0.00 45,933.55 14,544.03 4,514.26 662.40 7,121.12 1,207.53 1,045.93 18,614.26 0.00 2,406.75 2,945.76 2,388.76 0.00 0.00 945,711.64 AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney ITEM NO. VI-B.1 DATE: March 5, 2013 REGULAR [] PUBLIC HEARING [] CONSENT [XX] PRESENTED BY: Daniel S. McIntyre County Attorney SUBJECT: Ordinance No. 13-001 - Deferred Compensation Program; Permission to Advertise BACKGROUND: See attached memorandum FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: Staff recommends that the Board grant permission to advertise Ordinance No. 13-001 for April 2, 2013 at 6:00 p.m. or as soon thereafter as the matter may be heard. COMMISSION ACTION: [ ] APPROVED [ ] DENIED [ ] OTHER: CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM Review and Approvals County Attorney: Management & Budget Purchasing: INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 13-0225 DATE: February 15, 2013 SUBJECT: Ordinance No. 13-001; Deferred Compensation Program; Permission to Advertise #i#\tt\rtrtrtrtrtt444i4i4i\i\\4\\##4t\ititrtrtrt4lt4444t!##t#itrt\rtrtrtrtrtrtt#!!#4#tttlit#ii\\t BACKGROUND: Section 112.215, Florida Statutes, authorizes counties to enter into deferred compensation programs. On August 9, 1983, the Board adopted Ordinance No. 83-04 establishing a Deferred Compensation Plan to be made available to all eligible County employees, elected officials, and independent contractors pursuant to Section 457 of the Internal Revenue Code. Based on the recommendations of the County's Deferred Compensation Committee and the independent investment consultant, The Bogdahn Group, the Board has determined that it is in the best interest of the officers and employees of St. Lucie County to change the deferred compensation program and administrator from the National Association of Counties (NACo) a nd the Public Employees Benefit Services Corporation (PEBSCO) to TIAA CREF. Attached is a copy of draft Ordinance No. 13-001 which, if adopted, would implement the recommended changes. RECOMMENDATION/CONCLUSION: Staff recommends that the Board grant permission to advertise Ordinance No. 13-001 for April 2, 2013 at 6:00 p.m. or as soon thereafter a the matter may be heard. Respect Ily submitted, /,�aG ORDINANCE NO. 13-001 AN ORDINANCE AMENDING SECTIONS 1-14.5-21 "ADOPTION" TO PROVIDE FOR THE ADOPTION OF A DEFERRED COMPENSATION PROGRAM; AMENDING SECTION 1-14.5-22 "ADMINISTRATION" TO CHANGE ADMINISTRATOR FROM THE NATIONAL ASSOCIATION OF COUNTIES (NACO) AND THE PUBLIC EMPLOYEES BENEFIT SERVICES CORPORATION (PEBSCO)TO TIAA CREF ANDTO PROVIDE FOR PERIODIC REVIEW OF THE PROGRAM BY THE DEFERRED COMPENSATION COMMITTEE AND TO FURTHER PROVIDE THAT THE BOARD OF COUNTY COMMISSIONERS MAY CHANGE THE ADMINISTRATOR BY RESOLUTION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 112.215, Florida Statutes, authorizes counties to enter into deferred compensation programs for their respective officials and employees. 2. This Board adopted Ordinance No. 83-04 establishing a Deferred Compensation Plan to be made available to all eligible County employees, elected officials, and independent contractors pursuant to Section 457 of the Internal Revenue Code. 3. Based on the recommendations of the County's Deferred Compensation Committee and the independent investment consultant, The Bogdahn Group, the Board has determined that it is in the best interest of the officers and employees of St. Lucie County to change the deferred compensation program and administrator from NACO and PEBSCO to TIAA CREF, NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF CHAPTER 1-14.5 (OFFICERS AND EMPLOYEES) The Code of Ordinances of St. Lucie County, Florida, is amended by amending Sections 1-14.5-21 and 1-14.5-22, to read as follows: Section 1-14.5-21. ADOPTION. Pursuant to Section 112.215, Florida Statutes, a the National Association of Counties (NAC(yj Deferred Compensation Program is adopted and established as the St. Lucie County, Florida, Deferred Compensation Program for the voluntary participation of all eligible County officials and employees. The the incidental expenses of collecting and disbursing of the employees' deferrals and other minor administrative matters, the County shall incur no cost of and make no contribution to the Program. Section 1-14.5-22 ADMINISTRATION TIAA CREF shall administerthe NAEo Deferred Compensation Program on behalf of St. Lucie County. The Deferred Compensation Committee shall review the Program periodically. Changes to the Program Administrator may be made by resolution of the Board of County Commissioners. PART B. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstances. PART C. 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 D. EFFECTIVE DATE. This Ordinance shall take effect on XX, 2013. PART E. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Tod Mowery XXX Vice Chair Frannie Hutchinson XXX Commissioner Chris Dzadovsky XXX Commissioner Paula A. Lewis XXX Commissioner Kim Johnson XXX PART F. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section," 'article," or other appropriate word, and ATTEST: Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: BY: County Attorney TO: BOARD OF COUNTY SUBMITTED BY(DEPT): SUBJECT: AGENDA REQUEST County Attorney ITEM NO. VI-B.2 DATE: March 5 2013 REGULAR [x ] PUBLIC HEARING [ ] CONSENT[] PRESENTED BY: Daniel S. McIntyre County Attorney Resolution No. 13-034 - Authorizing the Chair to disburse Certificates of Achievement in St. Lucie County BACKGROUND: Commissioner Mowery has requested that this Board authorize the Chair to distribute Certificates of Achievement in St. Lucie County. The attached Resolution No.13-034 has been drafted for that purpose. RECOMMENDATION: COMMISSION ACTION: [ ] APPROVED [ ] DENIED [ ] OTHER: Staff recommends that the Board adopt the attached Resolution No.13-034 as drafted. CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM Review and ADorovals INTER -OFFICE MEMORANDUM COUNTY ATTORNEYS OFFICE ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO: 13-0232 DATE: March 5, 2013 SUBJECT: Resolution No. 13-034 - Authorizing the Chair to disburse Certificates of Achievement in St. Lucie County BACKGROUND: The Board is invited to attend various events, including ground breakings and ribbon cuttings. The Chair has determined that it is in the public interest to distribute Certificates of Achievement at these events. RECOMMENDATION/CONCLUSION: Staff recommends that the Board adopt the attached Resolution No.13-034 as drafted. DSM/cb Attachment Respectfully submitted, Daniel S. County P RESOLUTION NO.13-034 A RESOLUTION OF THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS AUTHORIZING THE CHAIR TO DISTRIBUTE CERTIFICATES OF ACHIEVEMENT IN ST. LUCIE COUNTY, FLORIDA WHEREAS, the Board is invited to attend various events including ground breakings and ribbon cuttings; and WHEREAS, the Board has determined that is in the public interest to distribute Certificates of Achievement at these events; and NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida, as follows: 1. The Chairman of the Board of County Commissioners or his or her designee is authorized by the Board of County Commissioners to sign and distribute Certificate of Achievements on an as -needed basis. After motion and second, the vote on this Resolution was as follows: Chairman Tod Mowery XXX Vice Chair Frannie Hutchinson XXX Commissioner Chris Dzadovsky XXX Commissioner Paula Lewis XXX Commissioner Kim Johnson XXX PASSED AND DULY ADOPTED this. day of ATTEST: Deputy Clerk 2013. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman APPROVED AS TO FORM AND CORRECTNESS: AGENDA REQUEST TO: BOARD OF COUNTY COMMISSIONERS ITEM NO. VI-13.3 DATE: March 5, 2013 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 Jenkins Road Improvements Malka Lina 3550 South Jenkins Road Pond site and road right-of-way Parcel 2430-322-0004-000/4 (portion) BACKGROUND: Please see an attached Memorandum FUNDS AVAILABLE:. Funds will be made available in: 318-4113-561000-41002 Land Account for Jenkins Road PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends the Board approve the Contract for Sale and Purchase from Malka Lina, 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 [ ] DENIED ( ] OTHER CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM PROPERTY ACQUISITION DIVISION MEMORANDUM TO: Board of County Commissioners FROM: JoAnn Riley, Property Acquisition Manager DATE: March 5, 2013 SUBJECT: Contract for Sale and Purchase Jenkins Road Improvements Malka Lina 3550 South Jenkins Road Pond site and road right-of-way Parcel 2430-322-0004-000/4 (portion) Public Works requested the Property Acquisition Division contact Malka Lina to purchase part of her property that is needed for the northerly extension of South Jenkins Road. This parcel is located north of Ten Mile Creek and south of Edwards Road, Jenkins Road is identified in St. Lucie County's Long Range Transportation Plan as a future north -south alternate route extending from Midway Road to Angle Road. The County Right -of -Way Protection Map indicates that Jenkins Road is proposed to be a four -lane section from Midway Road to Angle Road. The County successfully purchased right-of-way from the property owner to the south for the project. The County's independent appraiser Deighan Consultants prepared an appraisal that determined $126,500.00 was fair market value for a pond site, road right-of-way and damages to the property. Ms. Lina did not feel the offer was acceptable and made a counter-offer of $175,000.00. Deighan Consultants reviewed the counter-offer and in Mr. Deighan's opinion a counter-offer of $150,000.00 was in his range of value. Ms. Lina has signed the attached Contract for Sale and Purchase for $150,000.00 for your review and approval. RECOMMENDATION: Staff recommends the Board approve the Contract for Sale and Purchase from Malka Lina, 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, MALKA LINA PROPERTY LOCATION MAP 5 I� z 0 N89'19'tl"E _ NORTH LINE SW 114 SECTION 30 a N F- 0 O Z N 89'19'51 "E SOUTH LINE OF NORTH 245' REMAINDER 1.3 Acres. 57066.6 Sq.ft. N N896024'33"E1 A 2.5 O `G PROPOSED ACQUISITION 1.7 Acres 73869.1 Sq. ft. II �l0 1 C I POINT OF BEGINNING T i YSW CORNER SECTION 30, T-35-S, R-40-E THIS IS NOT A Sl1 EAST LINE W 1/2 OF NW 1/4 OF NW 114 OF SW 1/4 SECTION 30 SE CORNER W 1/2 OF NW 1/4 OF NW 1/4 OF SW 114 SECTION 30 NOTE: SEE SHEET 2 FOR LEGAL DESCRIPTION. 0' 100' I I SCALE: 1" = 100' (®(®gg `o!p SKETCH AND LEGAL DESCRIPTION LIVARU UP' I:UVN-IT U M1Od1UNER5 I �Lry .H OF A PORTION OF LIMA PROPERTY SAINT LUCIE COU FLORIDA G PUBLIC 1lOWL4 D1SPT., ENCD786 ItING DIV/S70N, JENKINS ROAD SURVEY SECTION IN w'� RIGHT-OF-WAY ACQUISITION MOD 4 e i �•1��� M� DEC 312012 PROPERTYACQ(j SPT(ONS -7' �� eu� e tiL ainnc� �r� o� n�� �/6 ZV IO9-C,a alVd 06 cy tw a/u LUi/�m �E� C n�cole4 9r�riTl�oJ rrTT � n� I-alm a////v f� - jam% AL U P. aVJP- alvlo o "a/o / v "I,/ Oaly DEIGHAN CONSULTANTS 14 Emarita Way Stuart, FL 34995 Daniel K. Deighan, CGA, MAI Robert Kunkle, CGA State-Cert. Gen. Appr. RZ244 State-Cert. Gen. Appr. RZ3185 PHONE: (772) 221-3650 deighan@bellsouth.net FAX: (772) 221-3649 January 3, 2013 Ms. Janet LiCausi, Property Acquisition Agent St. Lucie County 2300 Virginia Avenue Fort Pierce, FL 34982 RE: Malka Lina 2465 S. Jenkins Road Fort Pierce, FL 34981 Parcel ID 2430-322-0004-000/4 Reanalysis of Valuation Dear Ms. LiCausi: We have taken another look at our valuation of the acquisition of the Lina property for the Jenkins Road project. This is an update of our file number DKD-2012-026, dated November 19, 2012. We feel the maximum valuation possible in this real estate market would be $150,000 for acquisition and damages. This higher valuation was arrived at by: 1. Increasing the land value from $0.75/SF to $0.80/SF which is the top of the market derived range of value. 2. The amount for affected improvements remains at $9,287. 3. The damages to the remainder has been increased from 30% to 40% which is considerably higher than what our experience has seen. Again we feel the maximum valuation possible for the Lina property acquisition, affected improvements, and damages to the remainder is $150,000. Cinnerely treed# �2ti�o- o t � - ooc�/ - 000/y FEB 012013 AW �5•�� �� PROPERTY ACQUISITIONS /CQCUI�G�8� �1/I��X �,Lt%�01�Jd f1&-L7/ 14'150.000 ,ra aJ�iin fj/,s p 64d a' lmicew,&C&214,,11Z2 0/alq�a .g/.L Yl� e,)g & ,z.�aL # fa I& oIncl cow"a)CIO GUr//rirq i 19 . /Zemm�ce COMMISSIONERS February 11, 2013 Malka Lina 2465 NE 209th Terrace Miami, FL 33180 RE: 3550 Jenkins Road Fort Pierce, FL Dear Ms. Lina; PROPERTY ACQUISITION DIVISION We received your letter dated January 28, 2013, requesting that the County consider your offer of $165,000 because the County did not consider the damages to the property. This assertion is incorrect. The County's offer of $150,000.00 includes damages to your remaining property in the amount of 40% of it's value. In the first contract the County offered you $55,402.00 for the property, $9,287.00 for the improvements, fence, scrubs etc. and $61,500.00 for damages to you property for a total of $126,500.00. You said that was unacceptable. I went back to the appraiser to ask him what his range of value was for the property and he said the top of the range was $150,000.00. That was another $23,500,00 that we offered. The County cannot pay more for property then it is worth. I want to thank you for considering working with the County in this matter. If you would like to reconsider the County's offer, please contact me. ours truly Lr Causr ro eLi Acquisition Agent PROJECT NAME: Jenkins Road Improvements PARCEL: Malka Lina Parcel 2430-322-0004-000/4 (portion) CONTRACT FOR SALE AND PURCHASE FOR REAL PROPERTY ACQUISITION THIS AGREEMENT made this day of , 2013, MALKA LINA, whose mailing address is 2465 NE 209th Terrace, Miami, FL 33180-1041 hereinafter referred to as SELLER and, ST. LUCIE COUNTY. a political subdivision of the State of Florida, whose mailing address is 2300 Virginia Avenue, Fort Pierce. Florida. 34982 hereinafter referred to as PURCHASER, upon the terms and conditions set forth herein, SELLER agrees to sell and PURCHASER agrees to purchase a certain parcel or parcels of real property located in the County of St. Lucie, Florida, being more fully described as: SEE ATTACHED EXHIBIT "A" 1. PURCHASE PRICE AND METHOD OF PAYMENT. The full purchase price One Hundred Fifty Thousand, 00/100 Dollars, determined to be the rounded total of the following: $150,000.00 Real Property Parcel I.D.2430-322-0004-000/4 (portion of) $71,713.00 Other Improvements and damages upon the property (Exhibit "B") $78,287.00 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. 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. property shall be conveyed in the same condition as on the date of this contract, ordinary wear and tear excepted. 8. POSSESSION. SELLER shall deliver possession to PURCHASER at the closing. 9. CLOSING. The closing shall be on or before April 30, 2013 at which time all monies due to be paid hereunder and all instruments due to be made, executed, and delivered by the respective parties, each to the other, as herein provided, shall be paid 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. and this contract shall there upon terminate. 14. DEED RESTRICTIONS. SELLER warrants that there are no deed restrictions which are coupled with a reverter or re-entry clause and that title is not based upon a tax deed, or if based upon a tax deed, that the title has been duly quieted by suit. 15. ASSIGNMENT. This contract is freely assignable by the PURCHASER, but no such assignment is binding upon SELLER until an executed copy thereof is delivered to the SELLER. Upon such delivery, the assignor shall be relieved of all liabilities under this contract. 16. ESCROW CLOSING. The cash proceeds of sale shall be held in escrow by the escrow agent for a period of no longer that five (5) business days to allow the deed to the PURCHASER to be recorded and the abstract of title continued, at the expense of the PURCHASER, to show title in the PURCHASER, without any intervening encumbrances or change from the date of last continuation. If there should be any change, the parties shall have the same rights as provided elsewhere herein, when SELLER is unable to make title good and marketable. 17. 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 oavments 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 deliver to PURCHASER any such notice received prior to or after closing. (e) There are no encroachments thereof. (f) All of SELLER'S representations and warranties set forth in this Contract shall be true as of and surviving the closing, and all obligations of SELLER involving action or performance by SELLER prior to closing shall have been fully complied with. In the event that a lien, claim or cause of action should arise, resulting from the activities upon the property prior to closing or from of the date of closing, PURCHASER may elect not to close this transaction in which event all parties shall be relieved from all obligations and liabilities hereunder; provided however, that nothing contained herein shall preclude PURCHASER from seeking specific performance of SELLER=S obligations hereunder so as to rectify any misrepresentation made by SELLER herein. 22. COMPLIANCE WITH ENVIRONMENTAL LAWS. As of and subsequent to the date of this Contract of Sale, the SELLER warrants and represents to the PURCHASER, its successors and assigns, that to the best of the SELLER=S knowledge and belief that there Is no violation of Federal, State, and/or local environmental laws and/or regulations on the property. PURCHASER, at PURCHASER=S expense, shall have the right to have said items inspected, and if upon inspection such Items do not meet the above representations, PURCHASER shall have the option of canceling this Agreement or PURCHASER may elect to proceed with the transaction. 23. CONFLICT OF LAWS. The parties hereto hereby agree that all legal rights, duties, obligations and defenses shall be determined pursuant to the Laws of the State of,Florida. The covenants herein shall bind and the benefits and advantages shall inure to the respective heirs, executors, administrators and successors or the parties hereto. Whenever used, the singular shall include the plural, and the plural the singular and the use of any gender shall include all genders. IN WITNESS WHEREOF, the parties have hereunto affixed their hands and seals. by SELLER this _.A day STATE OF o r,' tI a COUNTYOFTro crd Y�- The foregoing instrument was acknowledged before me this day of T�L� _ 2013, by MALKA LINA who is personally known to me or who has produced a driver's license issued within the last five years as identification. jt"24j /0C iC+rJ Notary Public My Commission Expires 9j� Angel Macias I "t ri G 161 - : Notary Public b _ (Printed, Typed or Stamped { We of Florida My Commission Expires Name of Notary Public) " '%ti�In tip' 10/05/15 Commission No. EE Milrg EXECUTED by PURCHASER this day of _ .2013 ATTEST: DEPUTY CLERK BOARD OF COUNTY COMMISSIONERS OF ST. LUCIECOUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS COUNTY ATTORNEY EXHIBIT "A-1" N89'19'b1"E_ _ NORTH LINE I SW 114 SECTION 30 V 0 e N O Z N89'19'51 "E SOUTH LINE OF NORTH 245' REMAINDER 1.3 Acres. 57088.6 Sq.ft. 2 1N89'24'33"E"E g 60.51' ig PROPOSED ACQUISITION 1.7 Acres 73869.1 Sq. ft. EAST LINE W 1/2 OF NW 1/4 OF NW 1/4 OF SW 114 SECTION 30 SE CORNER W1/2 OF NW 114 OF NW 1/4 OF SW 1/4 SECTION 30 NOTE: SEE SHEET 2 FOR EXHIBIT "A-2" Legal Description: Jenkins Road Right of Way (Lina Parcel) A parcel of land lying within Section 30, T-35-S. R-40-E, St. Lucie County, Florida. Said parcel being more particularly described as follows: Begin at the Southeast corner of the West'/ of the NW % of the NW'/4 of the SW Y4 of Section 30, T-35-S, R-40-E; thence S 890 29'19" W along the South line of said NW 3/4of the NW % of the SW 'X a distance of 310.27' to a point on the East right of way line of Jenkins Road; thence N 000 20'40" W along said East right of way line of Jenkins Road a distance of 421.26' to a point on the South line of the North 245' of the West 1/2 of the NW '% of the NW'/4 of the SW '/4 of Section 30, T-35-S, R-40-E; thence N 89° 19' 51" E along said South line a distance of 30% thence S 050 46'09" E a distance of 211.53'; thence N 89° 24' 33" E a distance of 260.61' to a point on the East line of the West Yz of the NW Y4 of the NW %4 of the SW Y4 of Section 30, T-35-S, R-40-E; thence S 000 16149" E along said East line a distance of 211.06' to the Point of Beginning. Said parcel containing 1.696 acres more or less. SURVEYOR NOTES: 1. This is not a survey. 2. The above legal description was prepared by the undersigned surveyor and mapper. 3. Bearing Base: The East line of the SW '/4 of Section 30, T-35-S, R-40-E is taken to bear N 00° 20' 40" W and all other bearings are relative thereto. 4. See sheet 1 of 2 for sketch of legal description. CERTIFICATE: I hereby certify that the sketch of legal description represented hereon, dated this 22 day off , 2012, is true and correct to the best of my knowledge and belief, and meets the Minimum Technical Standards set forth by the Florida Board of Surveyors and Mappers in Chapter 5J-17.052, Florida Administrative Code, pursuant to Section 472.072 Florida Statutes. NOTE: NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER PROFESSIONAL SURVEYOR AND MAPPER RONALD H. HARRIS STATE OF FLORIDA NO. 4198 EXHIBIT "B" Cost to Replace Site Improvements and Acquisition of Property 211-feet of fence 1 Small Palm tree 7,520 sq. ft. of sod 880 sq. ft. concrete driveway Total Cost to replace improvements Damages to the remainder parcel $ 650.00 $ 30.00 $ 5,640.00 $ 1,760.00 $ 9,287.00 $69,000.00 Value of site —1.696 acres $71,713.00 TOTAL $150,000.00 EXHIBIT "C" SCHEDULE OF LEASES, TENANCIES AND OCCUPANCIES CONTRACTS, LICENSES AND AGREEMENTS EXHIBIT"Elf OPERATION, MAINTENANCE AND EMPLOYMENT AGREEMENTS TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney AGENDA REQUEST ITEM NO. VI-B.4 Date: March 5, 2013 Regular [ ] Public Hearing ( ] Consent [X] PRESENTED BY: Heather Young Assistant County Attorney SUBJECT: St. Lucie County International Airport - Consent to Sublease Agreement between Fort Pierce FBO, LLC and Aerotrim, LLC BACKGROUND: See C.A. No. 13-0255 FUNDS AVAIL.(State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff recommends the Board of County Commissioners consent to the Sublease Agreement between Fort Pierce FBO, LLC and Aerotrim, LLC, and authorize the Chairman to sign the Consent of Master Ground Lessor. COMMISSION ACTION: [ ] APPROVED [ ] DENIED [ ] OTHER: CONCURRENCE: Faye W. Outlaw, M.P.A. County Administrator, ICMA-CM County Attorney: Coordination/Signatures Mgt. & Budget: Purchasing: INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 13-0255 DATE: February 21, 2013 SUBJECT: St. Lucie County International Airport - Consent to Sublease Agreement between Fort Pierce FBO, LLC and Aerotrim, LLC BACKGROUND: Attached to this memorandum is a copy of a proposed Sublease Agreement between Fort Pierce FBO, LLC and Aerotrim, LLC for the hangar located at 2924 Curtis King Boulevard at the St. Lucie County International Airport. Aerotrim will use the hangar for its aircraft interior refurbishment and repair business. The initial term of the Sublease is three (3) years with two (2) three (3) year options for renewal. Staff has reviewed the terms of the Sublease and it appears acceptable. RECOMMENDATION/CONCLUSION: Staff recommends the Board of County Commissioners consent to the Sublease Agreement between Fort Pierce FBO, LLC and Aerotrim, LLC, and authorize the Chairman to sign the Consent of Master Ground Lessor. Respectfully submitted, r* . 8y�'_ Heather Young Assistant County Attorney P 2982 Curtis King Blvd Fort Pierce, FL 34946 772-489-2285,772-468-0252 HANGAR LEASE Reference Page Tenant: Aerotrim, LLC , a Florida corporation C/O Benito Armenta Landlord: Fort Pierce FBO LLC, a Florida Limited Liability Company Tenant's Notice Address: 2201 85'' Ave, Vero Beach, FL 32966 Address of Premises: 2924 Curtis King Blvd, Ft. Pierce, Florida Rentable Area of Premises: 3600 sq ft. Hangar Commencement Date: January 1, 2013 Termination Date: Three years following Commencement Date (subject to extension or relocation pursuant to Section 2) Monthly Net Rent: $1000.00 plus applicable Florida sales and use tax Net Rent Adjustment: Set forth in Section 3 Security Deposit $2000.00 (two months), Effective Date: January 1, 2013 This Reference Page (herein so called) information is incorporated into and made a part of the Lease. The Lease includes Exhibit A (Premises Description) and Exhibit B (Environmental Requirements). THIS LEASE ("Lease") is made and entered into by and between Landlord and Tenant as of the Effective Date. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties mutually covenant and agree as follows: 1. PREMISES AND USE. Tenant leases the "Premises" shown on Exhibit A and described on the Reference Page from Landlord. The Premises and the contiguous or related property described on Exhibit A to the Master Lease (defined below) which is managed jointly are referred to as the "Property" and are located at the St. Lucie County International Airport ("Airport"). The Premises shall be used and occupied solely for aircraft interior refurbishment & repair, general office, administrative, and related uses customary in Tenant's business operations, all in strict compliance with the Master Lease. Tenant shall not permit anything to unreasonably interfere with the rights of other tenants or injure, annoy or disturb them. Tenant shall not permit any waste or illegal act on the Premises. Tenant shall be financially responsible for its failure to observe any covenant or condition of this Article. Tenant shall not during the Term of this Lease enter into any commercial activity on the Airport that would in any form or manner compete with any of the following activities of Landlord on the Airport on the date of this Lease: the sale of aircraft fuels, rental of ground vehicles, sale of food or beverage, or rental of life gear. Additionally, Tenant shall not permit any entity to perform any activity on the Premises that in any form or manner competes with such commercial activities of Landlord on the date of this Lease or violates any rule on activity expressly prohibited by St. Lucie County. Without limiting any other term or provision hereof, Tenant covenants and agrees that except as expressly permitted in this Lease, at no time during the Term shall Tenant or any of its agents, employees, contractors, subcontractors, invitees, officers or directors be permitted to store, maintain, or operate any motor vehicle, recreational vehicle, boat, or any other personal property, including but not limited to spare parts for any such vehicles, in or upon the Premises without prior written consent of Landlord. 2. TERM a) Initial Term. The initial Term of this Lease shall be for a period of three (3) years, commencing on the Commencement Date, unless earlier terminated pursuant to this Lease. b) Renewal Option. Tenant shall have the option ("Option") to extend the Term of this Lease for two (2) additional periods of three (3) years each (each an "Extension beine of the essence). If Tenant fails to exercise its Option with respect to either Extension Term in strict accordance with the provisions hereof (or if Tenant fails to properly exercise is Option for the first Extension Term), the Option shall be null, void and of no force or effect. Tenant shall have no right to exercise the Option if Tenant is in Default under this Lease either on the date of Tenant's written notice of election or on the first day of the applicable Extension Term. d) Condition Upon Renewal. Tenant shall take the Premises "as is" for any Extension Term and Landlord shall have no obligation to make any improvements or alterations to the Premises for any such Extension Term, nor to provide any leasehold improvement allowance thereof. e) Rent Upon Renewal. For each Extension Term, the Monthly Net Rent shall be the fair market rental of the Premises at the time of renewal. Prior to the expiration of the Initial Term, Landlord shall provide Tenant with the Landlord's reasonable assessment of the prevailing fair market rental rate for the applicable Extension Term. In no event shall the Monthly Net Rent for the Extension Term be less than the Monthly Net Rent for the final year of the Initial Term or the first Extension Term, as applicable, and the annual rent adjustments shall not be less than an escalation of 5% per year. Upon exercise of its renewal Options herein, Tenant shall remain responsible for all Additional Rent during each Extension Term in accordance with this Lease. 3. RENT. a) Payment. Commencing on the Commencement Date, Tenant shall pay in advance the "Monthly Net Rent" as set forth on the Reference Page, plus other sums due hereunder, if any ("Additional Rent"), together known as "Rent", by the fifth day of each month. Rent and all additional charges shall be paid promptly when due to Landlord without offset, deduction, diminution, abatement, counterclaim or notice of any amount for any reason whatsoever, except as otherwise expressly provided herein. Rent shall be paid to following address: 2982 Curtis King Blvd, Fort Pierce, FL 34946. b) Late Fees. Each Rent payment not received within twenty (20) calendar days from the applicable monthly due date shall bear a late charge of one and one-half (1.5) percent per month until paid. c) Annual Adiustment. Commencing on the first day following one year from the Commencement Date and on the first day of each one year period thereafter during the Term, as the same may be extended, the Monthly Net Rent for the following one year period payable by Tenant hereunder (and the monthly installments thereof) shall be increased by the greater of (i) five percent (5%) or (ii) the percentage increase in the d) Holdover. Tenant shall pay Landlord one hundred fifty percent (150%) of the total Rent then applicable for each month or portion thereof that Tenant shall retain possession of the Premises or any part thereof after the termination of this Lease, whether by lapse of time or otherwise, and shall also pay all direct, actual damages sustained by Landlord on account thereof. 4. SECURITY DEPOSIT. Tenant shall deposit with Landlord the Security Deposit to be held as security for the full and faithful performance by Tenant of its obligations hereunder. If Tenant shall Default (as defined below) with respect to any covenant or condition of this Lease, Landlord may apply the whole or part of such Security Deposit to the curing of such Default. If any portion of the Security Deposit is used by the Landlord, Tenant shall, within ten (10) days after a written demand by the Landlord, deposit such additional amounts as may be requested by Landlord and undisputed by Tenant to replenish the Security Deposit. Within thirty (30) days after the expiration of the Term, and subject to the provisions hereof, the balance of the Security Deposit shall be returned to Tenant. 5. SERVICES PROVIDED AND PERMITTED. (a) Movement of Aircraft. Tenant shall be solely responsible for movement of aircraft (b) Fuel. As a material inducement for Landlord entering into this Lease, Tenant agrees that it will purchase all fuel utilized in the aircraft being serviced from Landlord, if needed. 6. EXPENSES. Commencing on the Commencement Date, Tenant shall pay its Proportionate Share of Real Estate Taxes and Insurance, unless otherwise expressly specified in this Lease, which "Proportionate Share" is determined by dividing the square footage of the building footprint of the Premises by the total square footage of all building footprints on the Property and rounding the quotient to the next highest thousandth. (a) The term "Real Estate Taxes" means all ad valorem real estate taxes and assessments levied or assessed against the Property during the Term. Notwithstanding the foregoing, Real Estate Taxes shall not include: (i) any inheritance, estate, succession, transfer, gross receipts, revenue, margin, franchise, corporation, net income or profit tax or capital levy imposed upon Landlord or the Property; (ii) any special assessments which are levied or assessed by a special assessment district which is formed, directly or indirectly, by Landlord and/or others for the purpose of constructing or acquiring on -site or off -site improvements to or for the Property, or any portion thereof; (iii) any development costs, including but not limited to any traffic impact fees, billed by a governmental entity as (b) Tenant shall be responsible for the payment of all taxes, assessments, license fees or other charges that may be levied or assessed during the Term of this Lease upon or against any personal property or equipment located within or upon the space which is owned by, leased to, or in the care, custody, and control of Tenant. (c) Tenant shall be responsible for all minimum required fire protection device costs, including annual inspection fees, monitoring costs, device maintenance, and device recharging, except to the extent otherwise required to be maintained by Landlord hereunder. 7. ALTERATIONS. Any and all improvements or alterations ("Alterations") to the Premises by Tenant shall be subject to Section 18 of the Master Lease and all Alterations, other than nonstructural Alterations, over $5,000 in aggregate amount shall be subject to Landlord's prior written approval, which will not be unreasonably delayed, conditioned or denied. Tenant agrees to design and construct all Alterations in accordance with applicable federal, state, and local laws, regulations and requirements and provide Landlord with copies of all plans and specifications with respect to such Alterations. 8. SIGNS. Tenant shall have the right to erect, maintain, or display any signs or advertising on the exterior of the Premises or within the Premises, provided that such signs and advertising are approved by Landlord and comply with all FAA, local government, and local airport rules, regulations, and ordinances. Furthermore, Tenant must obtain and pay for all required building permits from St. Lucie County and shall obtain approval from the Airport director and Landlord prior to proceeding. Tenant shall have the right to place reasonable signage at the service counter within Landlord's facility being utilized by Tenant, so long as such signage does not distract or interfere with Landlord's activities and operations, as reasonably determined by Landlord.. Landlord agrees not to deny use for Tenant's display or printed materials provided such items do not cause confusion, annoyance, or create an obstacle to clients of Landlord. 9. REPAHUMAINTENANCE. Tenant hereby accepts the Premises in its "as is" condition on the Effective Date of this Lease and Landlord shall have no liability or obligation to make any alterations or improvements of any kind on or to the space, hangar, office, or any part thereof. By taking possession, Tenant accepts the Premises as being in good order and repair, and in the condition in which Landlord is obligated to deliver the Premises. Tenant covenants at all times and at its own cost and expense to repair and maintain the Premises and every part thereof unless specifically stated otherwise in this Lease. Tenant shall maintain the Premises and Alterations in good reasonably satisfactory to Landlord, Landlord shall have the right, upon giving Tenant reasonable notice of its election to do so, to make such repairs or perform such maintenance on behalf of and for the account of Tenant. In such event, such work shall be paid by the Tenant as additional expenses due immediately upon receipt of the bill therefore. 10. LIENS. Tenant shall keep the Premises and Alterations free from liens created by, through, or under Tenant. If Tenant does not, within ten business days following written notice to Tenant from Landlord of the filing of a lien, cause the lien to be released, Landlord may cause it to be released by such means as it shall deem proper, including payment of the claim. Such sums advanced shall be considered Additional Rent and payable by Tenant upon demand from Landlord. 11. SUBLETTING. Except as otherwise provided in this section, Tenant shall not assign or pledge this Lease or sublet the Premises (each a "Transfer"), without the prior written consent of Landlord, not to be unreasonably withheld, conditioned, or delayed, and consent of the Master Ground Lessor if required under the Master Lease. In any case where Landlord shall consent to a Transfer, Tenant shall remain fully liable for the obligations of Tenant hereunder, including, without limitation, the obligation to pay the Rent. A transfer directly or indirectly of a controlling interest in Tenant (either in one transfer or a series of transfers) shall constitute an assignment hereunder. Notwithstanding the foregoing, the following events shall not be considered a Transfer under this section: (i) a change in ownership of Tenant as a result of a merger, consolidation, reorganization, or joint venture; (ii) the sale, exchange, issuance, or other transfer of Tenant's stock on a national exchange or between Tenant's parent company, if any, and any subsidiary, affiliate, related entity, or other entity that controls, is controlled by, or is under common control with Tenant; (iii) a collateral assignment of Tenant's interest in this Lease to a lender as security for any indebtedness of Tenant to the lender; or (iv) month -to -month subletting for individual aircraft storage. Tenant shall not be required to obtain Landlord's consent to, and Landlord shall not have the right to delay, alter, or impede, any of the foregoing transactions or combinations thereof. 12. INDEMNIFICATION. (a) To the fullest extent permitted by applicable law, Tenant waives all claims against Landlord for damage to any property or injury to any person connected with Tenant, except to the extent arising from the negligence or willful misconduct of Landlord or its officers, directors, agents, contractors, subcontractors, invitees, or employees. Tenant shall hold Landlord harmless from, and defend Landlord against, all claims, liability or costs for property damage or personal injury when such damage or injury shall arise from, in part or in whole, (i) the wrongful act or neglect of Tenant or its officers, extent such damage or injury is caused by or arises from the negligence or willful misconduct of Landlord. (b) Subject to Section 12(a) above, Landlord shall indemnify and defend Tenant against and hold Tenant harmless from all claims, demands, liabilities, damages, losses, costs and expenses, including reasonable attorneys' fees and disbursements, arising from or related to any bodily injury, illness or death of any person occurring in, on or about the Premises when such damage, bodily injury, illness or death is caused by Landlord's negligence or willful misconduct. This Article 12 shall survive the termination of this Lease. 13. INSURANCE. Landlord agrees to carry during the entire Term of this Lease; products/completed operations liability insurance in an amount of not less than $25,000,000. Landlord agrees to carry all risk property insurance (including Windstorm coverage) on the Premises. Tenant shall at all times continuously maintain (i) commercial general liability insurance with limits not less than $1 million per occurrence, $2 million in the aggregate, written on an occurrence basis, which insures against claims for bodily injury, personal injury, and property damage based upon, involving or arising out of Tenant's use, occupancy or maintenance of the Premises and the Property; (ii) Worker's Compensation insurance for all personnel in statutory limits per mandate by State of Florida; (iii) business automobile liability insurance with limits not less than $1 million each accident covering owned, hired, and non - owned vehicles used by Tenant within Landlord's leasehold; (iv) Aircraft Insurance, if applicable, inclusive of aircraft liability, airport liability, contractual liability, independent contractor liability and Premises liability, and (v) environmental liability coverage with limits not less than $1 million per occurrence. Tenant agrees to increase auto liability amounts to County mandated $5 million minimum if operating on airport operations areas (AGA). In addition, all insurance Tenant shall maintain shall name Landlord and its affiliates, management company, ground owner and mortgagee as additional insureds (on a primary and noncontributory basis) and provide thirty days notice of cancellation. A certificate of insurance bearing endorsements that policies are in effect shall be delivered to Landlord prior to the Commencement Date. Not later than thirty (30) days prior to the date when other insurance coverage maintained in accordance with the terms of this Lease is scheduled to expire, Tenant shall provide evidence of renewals or replacement insurance, and shall maintain such insurance at the level set forth in this Lease throughout the term of this Lease. Upon request of Landlord acting reasonably, Tenant shall be obligated to increase the limits or change or obtain additional insurance. Tenant acknowledges that insurance limits and deductibles may increase due to requirements of St. Lucie County (Master Ground Lessor) and agrees to abide by such requirements. Further, the failure of Landlord to obtain certificates or other material breach of this Lease and Landlord retains the right (after expiration of the applicable notice and cure period) to suspend this Lease until proper evidence of insurance is provided or, in the continued absence of such insurance evidence (after expiration of the applicable notice and cure period), terminate this Lease, in Landlord's sole discretion. 14. UTILITIES. Tenant shall pay, directly to the appropriate supplier before delinquency, all charges for all water, gas, heat, light, power, telephone, sewer, refuse disposal and other utilities and services supplied to the Premises, together with all taxes, assessments, surcharges and similar expenses relating to such utilities and services. If any such utilities or services are jointly metered with the Premises and another part of the Property, Tenant shall pay as additional rent Tenant's Proportionate Share of the cost of such jointly metered utilities and services to Landlord within ten (10) business days after receipt of Landlord's written statement for such cost. If the quantity or kind of utilities or services furnished to any other tenant of the Property is excessive relative to the utilities and services consumed by tenants of the Property generally, such additional cost resulting from the excessive consumption shall not be included in the figure used to determine Tenant's Proportionate Share. Landlord shall not be in default under this Lease or be liable for any damage or loss directly or indirectly resulting from, nor shall the rent be abated or a constructive or other eviction be deemed to have occurred by reason of, any interruption of or failure to supply or delay in supplying any such utilities and services or any limitation, curtailment, rationing or restriction on use of water, electricity, gas or any resource or form of energy or other service serving the Premises or the Property, whether such results from mandatory restrictions or voluntary compliance with guidelines. Notwithstanding the foregoing, if any interruption of or failure to supply or delay in supplying any such utilities and services continues for a period of three consecutive business days, impairs Tenant's use of the Premises, and results or arises from the acts or omissions of Landlord, or its officers, directors, agents, contractors, subcontractors, or employees, then Tenant shall have the right to proportionately abate Rent to the extent Tenant's use of the Premises is impaired from the date of interruption or failure. In the event of utility "deregulation" Landlord shall choose the service provider. 15. SUBORDINATION. This Lease shall be subordinate to the Master Lease, subject to the Consent of Master Ground Landlord attached hereto. Landlord represents to Tenant that no lender currently holds a mortgage but that Wells Fargo Bank, N.A. ("Mortgage Holder") may in the future hold a mortgage or deed of trust. If requested by Tenant, Landlord shall make commercially reasonable efforts to procure and deliver to Tenant, a subordination, non -disturbance and attomment agreement ("SNDA") from Mortgage Holder, if applicable. Landlord agrees, with respect to any mortgages or deeds of trust affecting or encumbering all or any portion of the possession of the Premises (provided there is no Default hereunder) and that Tenant will attom to such mortgagee, trustee, or purchaser at foreclosure as Landlord under the terms and conditions of this Lease upon receiving written notice that such party has succeeded to the interest of Landlord under this Lease. In the event of attornment by Tenant, the ground owner or mortgagee shall not be (a) liable for any act or omission of Landlord; or (b) subject to any offsets or defenses Tenant has against Landlord; or (c) bound by prepayment of more than one month's Rent; or (d) be required to account for any security deposit not actually delivered to such ground owner or mortgagee, or (e) bound by any modification of this Lease not approved by it. Tenant shall execute an SNDA upon ten business days notice, provided that such agreement is of form and substance reasonably acceptable to Tenant 16. RULES. Tenant shall comply with the Environmental Requirements attached as Exhibit "B" and all rules and regulations promulgated by Landlord from time -to -time provided such rules and regulations (a) are applied in a non-discriminatory manner, (b) do not impose a material cost on Tenant, and (c) do not unreasonably interfere with Tenant's conduct of its business or Tenant's use and enjoyment of the Premises. 17. ACCESS & REENTRY. Tenant shall have access to the Premises twenty-four (24) hours per day, seven (7) days per week, subject to the Airport's reasonable security measures. Tenant shall also have the right, at its option and at its sole expense, with Landlord's prior written consent to install additional security systems in the Premises as Tenant may deem necessary. Upon 24 hours prior notice to Tenant (except in emergency circumstances, when no advance notice will be required), Landlord may reenter the Premises as reasonably necessary to inspect, provide services, alter or repair the Property; provided, however, that all such entries, repairs, or alterations shall be completed promptly in a good and workmanlike manner so as to cause the least practical interference to Tenant's business and Tenant's use of the Premises. If Landlord's entry materially and substantially interferes with the conduct of Tenant's business and/or causes damage to Tenant's property (and the entry is not needed because of Tenant's negligence or willful misconduct), then, in such event, the Rent shall abate in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant's property. 18. DEFAULT. 1f Tenant shall default (each a "Default") (a) in the payment of Rent for a period of 5 business days after written notice from Landlord; or (b) in the observance of any applicable ordinance, law or regulation or any terns, covenant or condition of this Lease and fail to remedy, or commence to remedy (and diligently pursue until completion) such default within thirty days after written notice from Landlord; or (c) in subletting or assigning this Lease in violation of Section 11 above; then, Landlord may give Tenant the statutorily required notice of Lease termination, if any, and Tenant shall remain liable for damages and Rent due hereunder. If Tenant assets for the benefit of creditors, or action taken by Tenant under any bankruptcy or other debtor relief act, this Lease shall automatically terminate without notice. 19. REMEDIES. If this Lease shall terminate due to a default by Tenant, then Tenant shall pay all Rent until termination and, as damages, any deficiency between the future Rent herein and the rent collected under any re -letting, net of all expenses. Landlord may elect not to terminate this Lease but to (i) recover the Rent as the same becomes due or, in advance, the present value of the future Rent and/or (ii) cure the default of Tenant and recover from Tenant the cost of such cure plus interest at the rate of two percent (2%) per month until paid. After default Landlord may reenter the Premises, dispossess Tenant from the Premises and remove all property without releasing Tenant from any obligation, including payment of Rent. Tenant waives all rights to file claims for damages resulting from such reentry and expulsion, or to reenter or repossess the Premises, after Tenant shall have been dispossessed by any judgement. Notwithstanding anything set forth in this Lease to the contrary, except as otherwise provided herein, neither party shall be liable to the other for any special, punitive, or consequential damages. 20.OUIET ENJOYMENT. Landlord warrants that it has the authority to enter into this Lease and that Tenant, while paying Rent and performing its other covenants obligations, and agreements hereunder, shall peaceably and quietly have, hold and enjoy the Premises throughout the Terms without any manner of hindrance from Landlord or anyone claiming under Landlord, subject, however, to all terms and provisions hereof. 21. TENANT'S RESPONSIBILITY FOR CONDUCT. Tenant will obtain for its employees and will require them to display proper identification in accordance with prevailing Airport regulations for all areas of the Airport where required. In addition, all employees of Tenant shall be subject to and must pass applicable Airport security requirements prior to commencement of employment. All costs incurred in obtaining security clearance and such required identification badge authorizations or endorsements and any charges, fines, or other costs imposed upon Landlord for failure of the Tenant or its employees to obtain or display such identification, including the replacement of lost badges, shall be paid by and borne solely by Tenant. Tenant shall indemnify, defend and hold harmless Landlord and its officers, directors, agents, tenants, customers, contractors, subcontractors, invitees, and employees from and against any and all fines, penalties, damages or legal actions which may be imposed by the Airport, United States Customs service or any other agency having jurisdiction at or on the Airport as a result of Tenant's or its officers, directors, agents, contractors, subcontractors, invitees, or employees failure to comply with or adhere to 22. CASUALTY. If the Premises or access thereto shall, at any time during the Term hereby created or any renewal thereof, be so badly damaged or destroyed by reason of any cause that, in the opinion of the Landlord's architect, cannot be repaired or rebuilt within one hundred and eighty (180) days from the date of such casualty, then this Lease may be terminated and ended by either party by a notice in writing to the other mailed within thirty (30) days after the giving of the opinion of the Landlord's architect as aforesaid; provided, however, that, in the event notice of termination is given pursuant to this clause, the Rent and any other payments for which the Tenant is liable under this Lease shall be apportioned and paid to the date of such damage or destruction and the Tenant shall deliver up possession of the Premises to the Landlord thirty (30) days after the notice of termination. If damage or destruction to the Premises is, in the opinion of the Landlord's architect, capable of being repaired or rebuilt within one hundred and eighty (180) days from the date of such casualty, or if neither Landlord nor Tenant terminates this Lease pursuant to the preceding sentence, then (i) Landlord shall commence such repair and rebuilding as soon as practicable and proceed with reasonable promptness to complete such repair and rebuilding within such one hundred eighty (180) day period (subject to delays for causes beyond Landlord's reasonable control such as delays due to issuance of building permits or obtaining of insurance proceeds, provided Landlord diligently pursues the same) and notify Tenant in writing that it will be doing so, such notice to be mailed within thirty (30) days from the date of such damage or destruction, and (ii) the Monthly Net Rent and Additional Rent shall, according to the nature and extent of the damage or destruction, abate until the Premises shall have been rebuilt and made fit for the purposes of the Tenant. If Landlord fails to deliver to Tenant notice of whether the damage can be repaired within the applicable thirty (30) day period, or if Landlord has elected to repair and the repair is not completed within one hundred eighty (180) days from the date of such event (subject to delays for causes beyond Landlord's reasonable control such as delays due to issuance of building permits or obtaining of insurance proceeds, provided Landlord diligently pursues the same; provided, however, in no event shall such delays collectively extend such one hundred eighty (180) day period by more than thirty (30) extra days), then Tenant shall have the further option, at any time thereafter until such time as Landlord tenders the notice or completes the repair (as applicable), effective upon written notice to Landlord, to terminate this Lease as of the date of such notice. Landlord shall not repair or replace Tenant's property. The provisions of this section shall be subject and subordinate to the applicable provisions of the Master Lease. 23. EMINENT DOMAIN. If possession of any material part of the Premises shall be taken under the power of eminent domain, or conveyance in lieu thereof, either party may terminate this Lease within thirty days of such taking, and in that case, Tenant shall not be liable for any Rent after the date of such termination. If neither party elects to terminate this Lease, then this Lease shall remain in effect as to the portion 24. SALE BY LANDLORD. If Landlord's interest in the Property is sold, Landlord shall transfer the balance of the Security Deposit to the Landlord's successor and be released from any future liability under this Lease accruing from and after the date of the transfer of Landlord's interest and Tenant shall look solely to Landlord's successor. Except as set forth in this Article, this Lease shall not be affected by any such sale. 25. ESTOPPEL CERTIFICATES. Within ten days of request, either party hereto shall deliver to the other party a statement certifying (a) the Termination Date; (b) that this Lease is unmodified except as specified; (c) the date to which Rent has been paid; (d) that there are no defaults hereunder except as specified; and (e) financial, environmental and other information as reasonably requested. 26. FINANCIAL INFORMATION. Tenant agrees to provide to Landlord, promptly upon request, but not more frequently than once per year except in connection with any potential financing or sale of the Property, financial statements of Tenant, certified by Tenant's accountant. 27. SURRENDER OF PREMISES. Upon the expiration or earlier termination of this Lease, Tenant will deliver to Landlord possession of the Premises and Alterations in their current, broom clean condition and free of debris and damage (casualty and condemnation and ordinary wear and tear excepted), and title to all Alterations shall automatically vest in Landlord. 28. NOTICES. Notices shall be sent by hand delivery, overnight courier, Certified Mail, or by fax with a confirmation of delivery followed by a copy sent by regular mail, using the addresses set forth on the Reference Page, and shall be deemed given upon delivery or refusal of delivery. 29. FORCE MAJEURE. Landlord and Tenant shall be excused for any delay and shall not be in default with respect to the performance of any of the terms or conditions of this Lease when prevented from so doing by a cause beyond their control. This Article shall not apply to the timely payment of Rent. 30. DEFINED TERMS AND MISCELLANEOUS. The headings herein are for convenience and in no way describe the scope or intent of any Article. Any indemnification or insurance of Landlord shall include Landlord's lenders, trustees, directors, beneficiaries, shareholders, agents, affiliates, employees and ground owner. If any one of the provisions herein is judged unenforceable, all other provisions shall remain in full force and effect. Time is of the essence for this Lease and all of its provisions. This Lease has been freely negotiated between the parties and in any previous understanding or agreement of the parties and may not be modified except in writing. 31. WAIVER OF JURY TRIAL. Landlord and Tenant hereby waive trial by jury in any proceeding brought against each other. Any legal proceedings shall be governed by the laws of the State in which the Property is located and tried in the court system in such state. 32. NONRESPONSIBILITY OF LANDLORD. Except as expressly provided herein, there shall be no abatement from or reduction of the Rent due hereunder regardless of the reason or cause. Tenant shall not be entitled to damages, costs, losses or disbursements from Landlord regardless of the cause or reason therefore, unless expressly provided for in this Lease or caused by or resulting from the gross negligence or willful misconduct of Landlord. Except to the extent caused by or resulting from the gross negligence or willful misconduct of Landlord or as expressly provided for in this Lease, Tenant shall have no claim of any nature whatsoever against Landlord, no abatement or reduction of rent, and no recovery by Tenant from Landlord on account of partial or total failure of, or damage caused by (a) lessening of supply of, or stoppage of, heat, air-conditioning, electric light, power, water, plumbing, sewerage, elevators, or any other service, (b) any damage or annoyance occasioned by water, snow, or ice being upon or coming through the roof, skylight, trapdoors, windows, or otherwise, (c) any defect or break in any pipes, tanks, fixtures, or otherwise whereby steam, water, snow, smoke or gas, leak, issue or flow into the Premises, (d) any damage or annoyance occasioned by the condition or arrangements of any electric or other wiring, (e) any damage or annoyance arising from any acts, omissions, or negligence of co -Tenants or other occupants of the Property, or of owners or occupants of adjacent or contiguous property, or (f) the making of major repairs, alterations, repairs, improvements, or structural changes to the Property, or any thing or service therein or thereon or contiguous thereto provided the same shall be made with reasonable expedition. 33. MASTER LEASE. Tenant is cognizant of the fact that Landlord's interest in the Property (including the Premises) is created by the Second Amended and Restated Lease Agreement dated as of May 16, 2008 (as further assigned, the "Master Lease") between a predecessor to Landlord and St. Lucie County, Florida ("Master Ground Lessor") and that the Consent of Master Ground Lessor attached hereto is a condition precedent to the validity of this Lease. If Master Ground Lessor has not executed and delivered the Consent of Master Ground Lessor attached hereto within sixty (60) days of the Effective Date of this Lease, either party may elect to terminate this Lease by written notice provided to the other at any time before the execution and delivery of the Consent of Master Ground Lessor. Landlord shall not require the consent of Tenant to amend the Master Lease, Tenant waiving hereby any right it may have to Lease or to impose any increased material obligation on Tenant, without Tenant's prior written consent. 34. SECURITY. Tenant, and its employees, invitees, guests, and contractors must abide by those security regulations, policies and procedures (applicable at any time during the Term) ("Security Policies and Procedures") of the Airport, Federal Aviation Administration, the Transportation Security Administration, or any other applicable governmental or regulatory body, promulgated from time -to -time. In particular, Tenant acknowledges and agrees that it and its employees, invitees, guests and contractors will be required to comply with the requirements applicable to Part 139 facilities. IN WITNESS WHEREOF, the parties have executed this Lease as of the Effective Date. Landlord: Tenant: *a, L G C� Fort Pierce FBO, LLC, a Florida limited liakility company $0 By: By: Name L)k� 47 -j Name: Its: U'L>n V41"Vesyr S Its: CONSENT OF MASTER GROUND LESSOR Master Ground Lessor hereby consents to this Lease and all terms and provisions hereof and represents to Landlord and Tenant that to Master Ground Lessor's actual knowledge (a) the Master Lease is in full force and effect; (b) neither Master Ground Lessor nor Landlord is in default under any of the terms, covenants, or provisions of the Master Lease; (c) no event has occurred and no condition exists which, with the passage of time or the giving of notice or both, would constitute a default by Master Ground Lessor or Landlord under the Master Lease; (d) the party executing this Consent on behalf of Master Ground Lessor has the authority to consent to this Lease; and (e) the Master Lease has not been assigned, modified, or amended in any manner, except as follows: Assignment and Assumption Agreement dated as of May 16, 2007 by and between B&E Houck Enterprises, Inc., as assignor, and Volo Holdings Fort Pierce LLC, as assignee and consented to by Master Ground Lessor; and Assignment and Assumption Agreement dated as of December 18, 2010 by and between Volo Holdings Fort Pierce LLC as assignor, and Fort Pierce FBO, LLC (Landlord), as assignee and Ground Lessor Consent to same from Master Ground Lessor; Master Ground Lessor recognizes this Lease and agrees that (i) neither Tenant's right of possession to the Premises nor Tenant's rights under this Lease shall be affected or disturbed by Master Ground Lessor, and (ii) Tenant shall not be deprived of its rights under this Lease for any reason so long as no event has occurred and then continues to exist for such period of time (after any notice required by this Lease) as would entitle Landlord to terminate this Lease. IN WITNESS WHEREOF, Master Ground Lessor has executed this Consent as of this day of 2011. Master Ground Lessor: St. Lucie County, Florida By: Name: Its: EXHIBIT A PREMISES Approximately 3600 sq ft hangar located at 2924 Curtis King Blvd. Subject Hangar EXHIBIT B ENVIRONMENTAL REQUIREMENTS Tenant shall operate its business on the Property and maintain the Premises (for purposes of this Exhibit Premises includes any improvements thereon, including without limitation any above -ground fuel storage tanks) in compliance with all federal, state and local laws, regulations, and requirements relating to the discharge of Hazardous Substances and to the protection of public health or the environment ("Environmental Laws'). The term "Hazardous Substances" means all hazardous or toxic substances, materials or wastes identified as "hazardous substances" under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended from time to time ("CERCLA"); any oil or petroleum products; asbestos and PCBs. If Tenant uses propane -fueled forklift trucks, it shall monitor air quality, as required under, and to ensure compliance with, all applicable Environmental Laws. Tenant shall give Landlord prompt written notice of any written instituted or threatened action, proceeding or claim alleging a violation of, or obligation under, Environmental Laws at or affecting the Property. Tenant shall also give Landlord prompt written notice of Tenant's knowledge of any condition or occurrence at the Property that constitutes a violation of Environmental Laws or requires a removal action or remedialion under Environmental Laws. Within ten (10) days of request. Tenant shall execute and deliver to Landlord or any prospective landlord or mortgagee, a statement certifying: (1) the estimated amount and type of Hazardous Substances then in use, or to the extent of Tenant's knowledge, previously used, by Tenant at the Property except for those Hazardous Substances used in the regular course of Tenant's business and in compliance with Environmental Laws; (2) that Tenant has obtained and maintained in full force and effect all material permits and approvals required under Environmental Laws for the conduct of Tenant's business at the Property (along with copies of those permits and approvals); and (3) that Tenant has no notice or knowledge of the presence of Hazardous Substances on the Property in violation of Environmental Laws. Landlord (and any potential landlords and mortgagees) are limited to a total of two (2) such requests per year for the Term of this Lease unless otherwise allowed by Tenant. If Tenant breaches its obligations under this Article, or if the presence of Hazardous Substances on the Property caused or permitted by Tenant results in contamination of the Property in violation of Environmental Laws, or if contamination of the Property by Hazardous Substances otherwise occurs for which Tenant is legally responsible, then Tenant shall indemnify, defend and hold Landlord, its officers, directors, shareholders, members, employees, trustees and agents harmless from and against any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitations sums paid in settlement or defense of claims, attorneys' fees, consultant fees and expert fees) that arise before or after the Lease termination as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitations, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any federal, state or local government agency or political subdivision or private party. Without limiting the foregoing, if the presence of any Hazardous Substances on the Property caused or permitted by Tenant results in any contamination of the Property in the violation of, or obligation under, Environmental Laws, Tenant, at its sole expense, shall promptly take all actions necessary to return the Property to the condition necessary to achieve compliance with Environmental Laws. Landlord shall not cause or intentionally allow the presence of Hazardous Substances in, on or under the Premises that would be in violation or create an obligation under Environmental Laws. Landlord agrees to indemnify, defend and hold Tenant, its officers, directors, partners, shareholders, employees and agents harmless from and against any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses which arise from the presence of Hazardous Substances in, on or under the Premises if caused or intentionally permitted by Landlord, its employees, The foregoing indemnity and obligations shall survive the expiration or earlier termination of this Lease. Landlord and its agents shall have the right, but not the duty, to inspect the Property, with reasonable notice and without interfering with Tenant's business. at any time to determine whether Tenant is complying with the terms of this Lease. THE INDEMNITY OBLIGATIONS ABOVE ARE INTENDED TO ALLOCATE RESPONSIBILITY FOR STATUTORY AND COMMON LAW NEGLIGENCE AND STRICT LIABILITY CLAIMS, AS WELL AS NEGLIGENCE, STRICT LIABILITY, AND ALL OTHER CLAIMS ARISING UNDER ENVIRONMENTAL LAWS, INCLUDING CERCLA AND OTHER ANALOGOUS STATUTES. TO: BOARD OF COUNTY COMMISSIONERS SUBMITTED BY(DEPT): County Attorney AGENDA REQUEST ITEM NO. VI-B.5 Date: March 5, 2013 Regular[ ] Public Hearing [ ] Consent[X] PRESENTED BY: Heather Young Assistant County Attorney SUBJECT: St. Lucie County International Airport - Consent to Sublease Agreement between Fort Pierce FBO, LLC and Atlantic Helicopters, LLC BACKGROUND: See C.A. No. 13-0256 FUNDS AVAIL.(State type & No. of transaction or N/A): N/A RECOMMENDATION: Staff recommends the Board of County Commissioners consent to the Sublease Agreement between Fort Pierce FBO, LLC and Atlantic Helicopters, LLC, and authorize the Chairman to sign the Consent of Master Ground Lessor. COMMISSION ACTION: [ ] APPROVED [ ] DENIED [ ] OTHER: CONCURRENCE: Faye W. Outlaw, M.P.A. County Administrator, ICMA-CM i County Attorney: l� Coordination/Signatures Mgt. & Budget: Purchasing: INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Heather Young, Assistant County Attorney C.A. NO: 13-0256 DATE: February 21, 2013 SUBJECT: St. Lucie County International Airport - Consent to Sublease Agreement between Fort Pierce FBO, LLC and Atlantic Helicopters, LLC BACKGROUND: Attached to this memorandum is a copy of a proposed Sublease Agreement between Fort Pierce FBO, LLC and Atlantic Helicopters, LLC for the hangar located at 2970 Curtis King Boulevard at the St. Lucie County International Airport, Atlantic Helicopters will use the hangar for aircraft storage. The initial term of the Sublease is three (3) years with two (2) three (3) year options for renewal. Staff has reviewed the terms of the Sublease and it appears acceptable. RECOMMENDATION/CONCLUSION: Staff recommends the Board of County Commissioners consent to the Sublease Agreement between Fort Pierce FBO, LLC and AtlanticHelicopters, LLC, and authorize the Chairman to sign the Consent of Master Ground Lessor. Respectfully submitted, A� h!a; Heather Young Assistant County Attorney 0 2982 Curtis King Blvd Fort Pierce, Fl- 34946 772-489-2285,772-468-0252 HANGAR LEASE Reference Page Tenant: Atlantic Helicopters LLC,a Florida Limited Liability Co C/O Martin Sims 2970 Curtis King Blvd, Ft Pierce, FL 34946 Landlord: Fort Pierce FBO LLC, a Florida Limited Liability Company Tenant's Notice Address: 2970 Curtis King Blvd, Ft. Pierce Florida Address of Premises: 2970 Curtis King Blvd, Ft. Pierce, Florida Rentable Area of Premises: 5350 sq ft. (3600 Hangar/1750 office/shop) Commencement Date: January I , 2013 Termination Date: Three years following Commencement Date (subject to extension or relocation pursuant to Section 2) Monthly Net Rent: $1250.00 plus applicable Florida sales and use tax for the period Jan 1, 2013 through Feb 28, 2013. $2340.00 plus applicable Florida sales and use tax for the remaining tern thereafter. Net Rent Adjustment: Security Deposit Set forth in Section 3 $4680.00 (two months) Effective Date: January 1,2013 THIS LEASE ("Lease") is made and entered into by and between Landlord and Tenant as of the Effective Date. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties mutually covenant and agree as follows: 1. PREMISES AND USE. Tenant leases the "Premises" shown on Exhibit A and described on the Reference Page from Landlord. The Premises and the contiguous or related property described on Exhibit A to the Master Lease (defined below) which is managed jointly are referred to as the "Property" and are located at the St. Lucie County International Airport ("Airport"). The Premises shall be used and occupied solely for aircraft storage, general office, administrative, and related uses customary in Tenant's business operations, all in strict compliance with the Master Lease. Tenant shall not permit anything to unreasonably interfere with the rights of other tenants or injure, annoy or disturb them. Tenant shall not permit any waste or illegal act on the Premises. Tenant shall be financially responsible for its failure to observe any covenant or condition of this Article. Tenant shall not during the Term of this Lease enter into any commercial activity on the Airport that would in any form or manner compete with any of the following activities of Landlord on the Airport on the date of this Lease: the sale of aircraft fuels, rental of ground vehicles, sale of food or beverage, or rental of life gear. Additionally, Tenant shall not permit any entity to perform any activity on the Premises that in any form or manner competes with such commercial activities of Landlord on the date of this Lease or violates any rule on activity expressly prohibited by St. Lucie County. Without limiting any other term or provision hereof, Tenant covenants and agrees that except as expressly permitted in this Lease, at no time during the Term shall Tenant or any of its agents, employees, contractors, subcontractors, invitees, officers or directors be permitted to store, maintain, or operate any motor vehicle, recreational vehicle, boat, or any other personal property, including but not limited to spare parts for any such vehicles, in or upon the Premises without prior written consent of Landlord. 2. TERM a) Initial Term. The initial Term of this Lease shall be for a period of three (3) years, commencing on the Commencement Date, unless earlier terminated pursuant to this Lease. b) Renewal Option. Tenant shall have the option ("Option") to extend the Tenn of this Lease for two (2) additional periods of three (3) years each (each an "Extension being of the essence). If Tenant fails to exercise its Option with respect to either Extension Term in strict accordance with the provisions hereof (or if Tenant fails to properly exercise is Option for the first Extension Term), the Option shall be null, void and of no force or effect. Tenant shall have no right to exercise the Option if Tenant is in Default under this Lease either on the date of Tenant's written notice of election or on the first day of the applicable Extension Term. d) Condition Upon Renewal. Tenant shall take the Premises "as is" for any Extension Term and Landlord shall have no obligation to make any improvements or alterations to the Premises for any such Extension Term, nor to provide any leasehold improvement allowance thereof. e) Rent Upon Renewal. For each Extension Term, the Monthly Net Rent shall be the fair market rental of the Premises at the time of renewal. Prior to the expiration of the Initial Term, Landlord shall provide Tenant with the Landlord's reasonable assessment of the prevailing fair market rental rate for the applicable Extension Term. In no event shall the Monthly Net Rent for the Extension Term be less than the Monthly Net Rent for the final year of the Initial Term or the first Extension Term, as applicable, and the annual rent adjustments shall not be less than an escalation of CPI, as determined by St. Lucie County annually, per year. Upon exercise of its renewal Options herein, Tenant shall remain responsible for all Additional Rent during each Extension Term in accordance with this Lease. 3. RENT. a) Payment. Commencing on the Commencement Date, Tenant shall pay in advance the "Monthly Net Rent" as set forth on the Reference Page, plus other sums due hereunder, if any ("Additional Rent"), together known as "Rent", on the first day of each month, prorated if the Commencement Date is not the first day of the month. Rent and all additional charges shall be paid promptly when due to Landlord without offset, deduction, diminution, abatement, counterclaim or notice of any amount for any reason whatsoever, except as otherwise expressly provided herein. Rent shall be paid to following address: 2982 Curtis Kinp Blvd. Fort Pierce. FL 34946. b) Late Fees. Each Rent payment not received within twenty (20) calendar days from the applicable monthly due date shall bear a late charge of one and one-half (1.5) percent per month until paid. c) Annual Adjustment. Commencing on the first day following one year from the Commencement Date and on the first day of each one year period thereafter during the Term, as the same may be extended, the Monthly Net Rent for the following one year d) Holdover. Tenant shall pay Landlord one hundred fifty percent (150%) of the total Rent then applicable for each month or portion thereof that Tenant shall retain possession of the Premises or any part thereof after the termination of this Lease, whether by lapse of time or otherwise, and shall also pay all direct, actual damages sustained by Landlord on account thereof. 4. SECURITY DEPOSIT. Tenant shall deposit with Landlord the Security Deposit to be held as security for the full and faithful performance by Tenant of its obligations hereunder. If Tenant shall Default (as defined below) with respect to any covenant or condition of this Lease, Landlord may apply the whole or part of such Security Deposit to the curing of such Default. If any portion of the Security Deposit is used by the Landlord, Tenant shall, within ten (10) days after a written demand by the Landlord, deposit such additional amounts as may be requested by Landlord and undisputed by Tenant to replenish the Security Deposit. Within thirty (30) days after the expiration of the Term, and subject to the provisions hereof, the balance of the Security Deposit shall be returned to Tenant. 5. SERVICES PROVIDED AND PERMITTED. (a) Movement of Aircraft. Tenant shall be solely responsible for movement of aircraft (b) Fuel. As a material inducement for Landlord entering into this Lease, Tenant agrees that it will purchase all fuel utilized in the aircraft being serviced from Landlord. All fuel purchases must be paid for at the time of delivery. The fuel discount is .70 below current retail. 6. EXPENSES. Commencing on the Commencement Date, Tenant shall pay its Proportionate Share of Real Estate Taxes and Insurance, unless otherwise expressly specified in this Lease, which "Proportionate Share" is determined by dividing the square footage of the building footprint of the Premises by the total square footage of all building footprints on the Property and rounding the quotient to the next highest thousandth. (a) The term "Real Estate Taxes" means all ad valorem real estate taxes and assessments levied or assessed against the Property during the Term. Notwithstanding the foregoing, Real Estate Taxes shall not include: (i) any inheritance, estate, succession, transfer, gross receipts, revenue, margin, franchise, corporation, net income or profit tax or capital levy imposed upon Landlord or the Property; (ii) any special assessments which are levied or assessed by a special assessment district which is formed, directly or indirectly, by Landlord and/or others for the purpose of constructing or acquiring on -site or off -site improvements to or for the Property, or any portion thereof; (iii) any development costs, (b) Tenant shall be responsible for the payment of all taxes, assessments, license fees or other charges that may be levied or assessed during the Term of this Lease upon or against any personal property or equipment located within or upon the space which is owned by, leased to, or in the care, custody, and control of Tenant. (c) Tenant shall be responsible for all minimum required fire protection device costs, including annual inspection fees, monitoring costs, device maintenance, and device recharging, except to the extent otherwise required to be maintained by Landlord hereunder. ALTERATIONS. Any and all improvements or alterations ("Alterations") to the Premises by Tenant shall be subject to Section 18 of the Master Lease and all Alterations, other than nonstructural Alterations, over $5,000 in aggregate amount shall be subject to Landlord's prior written approval, which will not be unreasonably delayed, conditioned or denied. Tenant agrees to design and construct all Alterations in accordance with applicable federal, state, and local laws, regulations and requirements and provide Landlord with copies of all plans and specifications with respect to such Alterations. 8. SIGNS. Tenant shall have the right to erect, maintain, or display any signs or advertising on the exterior of the Premises or within the Premises, provided that such signs and advertising are approved by Landlord and comply with all FAA, local government, and local airport rules, regulations, and ordinances. Furthermore, Tenant must obtain and pay for all required building permits from St. Lucie County and shall obtain approval from the Airport director and Landlord prior to proceeding. Tenant shall have the right to place reasonable signage at the service counter within Landlord's facility being utilized by Tenant, so long as such signage does not distract or interfere with Landlord's activities and operations, as reasonably determined by Landlord.. Landlord agrees not to deny use for Tenant's display or printed materials provided such items do not cause confusion, annoyance, or create an obstacle to clients of Landlord. 9. REPAIRIMAINTENANCE. Tenant hereby accepts the Premises in its "as is" condition on the Effective Date of this Lease and Landlord shall have no liability or obligation to make any alterations or improvements of any kind on or to the space, hangar, office, or any part thereof. By taking possession, Tenant accepts the Premises as being in good order and repair, and in the condition in which Landlord is obligated to deliver the Premises. Tenant covenants at all times and at its own cost and expense to repair and maintain the Premises and every part thereof unless specifically stated otherwise in this Lease. Tenant shall maintain the Premises and Alterations in good reasonably satisfactory to Landlord, Landlord shall have the right, upon giving Tenant reasonable notice of its election to do so, to make such repairs or perform such maintenance on behalf of and for the account of Tenant. In such event, such work shall be paid by the Tenant as additional expenses due immediately upon receipt of the bill therefore. 10. LIENS. Tenant shall keep the Premises and Alterations free from liens created by, through, or under Tenant. If Tenant does not, within ten business days following written notice to Tenant from Landlord of the filing of a lien, cause the lien to be released, Landlord may cause it to be released by such means as it shall deem proper, including payment of the claim. Such sums advanced shall be considered Additional Rent and payable by Tenant upon demand from Landlord. 11. SUBLETTING. Except as otherwise provided in this section, Tenant shall not assign or pledge this Lease or sublet the Premises (each a "Transfer"), without the prior written consent of Landlord, not to be unreasonably withheld, conditioned, or delayed, and consent of the Master Ground Lessor if required under the Master Lease. In any case where Landlord shall consent to a Transfer, Tenant shall remain fully liable for the obligations of Tenant hereunder, including, without limitation, the obligation to pay the Rent. A transfer directly or indirectly of a controlling interest in Tenant (either in one transfer or a series of transfers) shall constitute an assignment hereunder. Notwithstanding the foregoing, the following events shall not be considered a Transfer under this section: (i) a change in ownership of Tenant as a result of a merger, consolidation, reorganization, or joint venture; (ii) the sale, exchange, issuance, or other transfer of Tenant's stock on a national exchange or between Tenant's parent company, if any, and any subsidiary, affiliate, related entity, or other entity that controls, is controlled by, or is under common control with Tenant; (iii) a collateral assignment of Tenant's interest in this Lease to a lender as security for any indebtedness of Tenant to the lender; or (iv) month -to -month subletting for individual aircraft storage. Tenant shall not be required to obtain Landlord's consent to, and Landlord shall not have the right to delay, alter, or impede, any of the foregoing transactions or combinations thereof. 12. INDEMNIFICATION. (a) To the fullest extent permitted by applicable law, Tenant waives all claims against Landlord for damage to any property or injury to any person connected with Tenant, except to the extent arising from the negligence or willful misconduct of Landlord or its officers, directors, agents, contractors, subcontractors, invitees, or employees. Tenant shall hold Landlord harmless from, and defend Landlord against, all claims, liability or costs for property damage or personal injury when such damage or injury shall arise from, in part or in whole, (i) the wrongful act or neglect of Tenant or its officers, extent such damage or injury is caused by or arises from the negligence or willful misconduct of Landlord. (b) Subject to Section 12(a) above, Landlord shall indemnify and defend Tenant against and hold Tenant harmless from all claims, demands, liabilities, damages, losses, costs and expenses, including reasonable attorneys' fees and disbursements, arising from or related to any bodily injury, illness or death of any person occurring in, on or about the Premises when such damage, bodily injury, illness or death is caused by Landlord's negligence or willful misconduct. This Article 12 shall survive the termination of this Lease. 13.INSURANCE. Landlord agrees to carry during the entire Term of this Lease, products/completed operations liability insurance in an amount of not less than $25,000,000. Landlord agrees to carry all risk property insurance (including Windstorm coverage) on the Premises. Tenant shall at all times continuously maintain (i) commercial general liability insurance with limits not less than $l million per occurrence, $2 million in the aggregate, written on an occurrence basis, which insures against claims for bodily injury, personal injury, and property damage based upon, involving or arising out of Tenant's use, occupancy or maintenance of the Premises and the Property; (ii) Worker's Compensation insurance for all personnel in statutory limits per mandate by State of Florida; (iii) business automobile liability insurance with limits not less than $1 million each accident covering owned, hired, and non - owned vehicles used by Tenant within Landlord's leasehold; (iv) Aircraft Insurance, if applicable, inclusive of aircraft liability, airport liability, contractual liability, independent contractor liability and Premises liability, and (v) environmental liability coverage with limits not less than $1 million per occurrence. Tenant agrees to increase auto liability amounts to County mandated $5 million minimum if operating on airport operations areas (AOA). In addition, all insurance Tenant shall maintain shall name Landlord and its affiliates, management company, ground owner and mortgagee as additional insureds (on a primary and noncontributory basis) and provide thirty days notice of cancellation. A certificate of insurance bearing endorsements that policies are in effect shall be delivered to Landlord prior to the Commencement Date. Not later than thirty (30) days prior to the date when other insurance coverage maintained in accordance with the terms of this Lease is scheduled to expire, Tenant shall provide evidence of renewals or replacement insurance, and shall maintain such insurance at the level set forth in this Lease throughout the term of this Lease. Upon request of Landlord acting reasonably, Tenant shall be obligated to increase the limits or change or obtain additional insurance. Tenant acknowledges that insurance limits and deductibles may increase due to requirements of St. Lucie County (Master Ground Lessor) and agrees to abide by such requirements. Further, the failure of Landlord to obtain certificates or other material breach of this Lease and Landlord retains the right (after expiration of the applicable notice and cure period) to suspend this Lease until proper evidence of insurance is provided or, in the continued absence of such insurance evidence (after expiration of the applicable notice and cure period), terminate this Lease, in Landlord's sole discretion. 14. UTILITIES. Tenant shall pay, directly to the appropriate supplier before delinquency, all charges for all water, gas, heat, light, power, telephone, sewer, refuse disposal and other utilities and services supplied to the Premises, together with all taxes, assessments, surcharges and similar expenses relating to such utilities and services. If any such utilities or services are jointly metered with the Premises and another part of the Property, Tenant shall pay as additional rent Tenant's Proportionate Share of the cost of such jointly metered utilities and services to Landlord within ten (10) business days after receipt of Landlord's written statement for such cost. If the quantity or kind of utilities or services furnished to any other tenant of the Property is excessive relative to the utilities and services consumed by tenants of the Property generally, such additional cost resulting from the excessive consumption shall not be included in the figure used to determine Tenant's Proportionate Share. Landlord shall not be in default under this Lease or be liable for any damage or loss directly or indirectly resulting from, nor shall the rent be abated or a constructive or other eviction be deemed to have occurred by reason of, any interruption of or failure to supply or delay in supplying any such utilities and services or any limitation, curtailment, rationing or restriction on use of water, electricity, gas or any resource or form of energy or other service serving the Premises or the Property, whether such results from mandatory restrictions or voluntary compliance with guidelines, Notwithstanding the foregoing, if any interruption of or failure to supply or delay in supplying any such utilities and services continues for a period of three consecutive business days, impairs Tenant's use of the Premises, and results or arises from the acts or omissions of Landlord, or its officers, directors, agents, contractors, subcontractors, or employees, then Tenant shall have the right to proportionately abate Rent to the extent Tenant's use of the Premises is impaired from the date of interruption or failure. In the event of utility "deregulation" Landlord shall choose the service provider. 15. SUBORDINATION. This Lease shall be subordinate to the Master Lease, subject to the Consent of Master Ground Landlord attached hereto. Landlord represents to Tenant that no lender currently holds a mortgage but that Wells Fargo Bank, N.A. ("Mortgage Holder") may in the future hold a mortgage or deed of trust. If requested by Tenant, Landlord shall make commercially reasonable efforts to procure and deliver to Tenant, a subordination, non -disturbance and attornment agreement ("SNDA") from Mortgage Holder, if applicable. Landlord agrees, with respect to any mortgages or deeds of trust affecting or encumbering all or any portion of the possession of the Premises (provided there is no Default hereunder) and that Tenant will attom to such mortgagee, trustee, or purchaser at foreclosure as Landlord under the terms and conditions of this Lease upon receiving written notice that such party has succeeded to the interest of Landlord under this Lease. In the event of attornment by Tenant, the ground owner or mortgagee shall not be (a) liable for any act or omission of Landlord; or (b) subject to any offsets or defenses Tenant has against Landlord; or (c) bound by prepayment of more than one month's Rent; or (d) be required to account for any security deposit not actually delivered to such ground owner or mortgagee; or (e) bound by any modification of this Lease not approved by it. Tenant shall execute an SNDA upon ten business days notice, provided that such agreement is of form and substance reasonably acceptable to Tenant 16. RULES. Tenant shall comply with the Environmental Requirements attached as Exhibit "B" and all rules and regulations promulgated by Landlord from time -to -time provided such rules and regulations (a) are applied in a non-discriminatory manner, (b) do not impose a material cost on Tenant, and (c) do not unreasonably interfere with Tenant's conduct of its business or Tenant's use and enjoyment of the Premises. 17. ACCESS & REENTRY. Tenant shall have access to the Premises twenty-four (24) hours per day, seven (7) days per week, subject to the Airport's reasonable security measures. Tenant shall also have the right, at its option and at its sole expense, with Landlord's prior written consent to install additional security systems in the Premises as Tenant may deem necessary. Upon 24 hours prior notice to Tenant (except in emergency circumstances, when no advance notice will be required), Landlord may reenter the Premises as reasonably necessary to inspect, provide services, alter or repair the Property; provided, however, that all such entries, repairs, or alterations shall be completed promptly in a good and workmanlike manner so as to cause the least practical interference to Tenant's business and Tenant's use of the Premises. If Landlord's entry materially and substantially interferes with the conduct of Tenant's business and/or causes damage to Tenant's property (and the entry is not needed because of Tenant's negligence or willful misconduct), then, in such event, the Rent shall abate in proportion to the extent of the interference and Landlord shall be liable for any damage to Tenant's property. 18. DEFAULT. If Tenant shall default (each a "Default") (a) in the payment of Rent for a period of 5 business days after written notice from Landlord; or (b) in the observance of any applicable ordinance, law or regulation or any term, covenant or condition of this Lease and fail to remedy, or commence to remedy (and diligently pursue until completion) such default within thirty days after written notice from Landlord; or (c) in subletting or assigning this Lease in violation of Section 1 I above; then, Landlord may give Tenant the statutorily required notice of Lease termination, if any, and Tenant shall remain liable for damages and Rent due hereunder. If Tenant assets for the benefit of creditors, or action taken by Tenant under any bankruptcy or other debtor relief act, this Lease shall automatically terminate without notice. 19. REMEDIES. If this Lease shall terminate due to a default by Tenant, then Tenant shall pay all Rent until termination and, as damages, any deficiency between the future Rent herein and the rent collected under any re -letting, net of all expenses. Landlord may elect not to terminate this Lease but to (i) recover the Rent as the same becomes due or, in advance, the present value of the future Rent and/or (ii) cure the default of Tenant and recover from Tenant the cost of such cure plus interest at the rate of two percent (2%) per month until paid. After default Landlord may reenter the Premises, dispossess Tenant from the Premises and remove all property without releasing Tenant from any obligation, including payment of Rent. Tenant waives all rights to file claims for damages resulting from such reentry and expulsion, or to reenter or repossess the Premises, after Tenant shall have been dispossessed by any judgement. Notwithstanding anything set forth in this Lease to the contrary, except as otherwise provided herein, neither party shall be liable to the other for any special, punitive, or consequential damages. 20. OUIET ENJOYMENT. Landlord warrants that it has the authority to enter into this Lease and that Tenant, while paying Rent and performing its other covenants obligations, and agreements hereunder, shall peaceably and quietly have, hold and enjoy the Premises throughout the Terms without any manner of hindrance from Landlord or anyone claiming under Landlord, subject, however, to all terms and provisions hereof. 21. TENANT'S RESPONSIBILITY FOR CONDUCT. Tenant will obtain for its employees and will require them to display proper identification in accordance with prevailing Airport regulations for all areas of the Airport where required. In addition, all employees of Tenant shall be subject to and must pass applicable Airport security requirements prior to commencement of employment. All costs incurred in obtaining security clearance and such required identification badge authorizations or endorsements and any charges, fines, or other costs imposed upon Landlord for failure of the Tenant or its employees to obtain or display such identification, including the replacement of lost badges, shall be paid by and home solely by Tenant. Tenant shall indemnify, defend and hold harmless Landlord and its officers, directors, agents, tenants, customers, contractors, subcontractors, invitees, and employees from and against any and all fines, penalties, damages or legal actions which may be imposed by the Airport, United States Customs service or any other agency having jurisdiction at or on the Airport as a result of Tenant's or its officers, directors, agents, contractors, subcontractors, invitees, or employees failure to comply with or adhere to 22. CASUALTY. If the Premises or access thereto shall, at any time during the Term hereby created or any renewal thereof, be so badly damaged or destroyed by reason of any cause that, in the opinion of the Landlord's architect, cannot be repaired or rebuilt within one hundred and eighty (180) days from the date of such casualty, then this Lease may be terminated and ended by either party by a notice in writing to the other mailed within thirty (30) days after the giving of the opinion of the Landlord's architect as aforesaid; provided, however, that, in the event notice of termination is given pursuant to this clause, the Rent and any other payments for which the Tenant is liable under this Lease shall be apportioned and paid to the date of such damage or destruction and the Tenant shall deliver up possession of the Premises to the Landlord thirty (30) days after the notice of termination. If damage or destruction to the Premises is, in the opinion of the Landlord's architect, capable of being repaired or rebuilt within one hundred and eighty (180) days from the date of such casualty, or if neither Landlord nor Tenant terminates this Lease pursuant to the preceding sentence, then (i) Landlord shall commence such repair and rebuilding as soon as practicable and proceed with reasonable promptness to complete such repair and rebuilding within such one hundred eighty (180) day period (subject to delays for causes beyond Landlord's reasonable control such as delays due to issuance of building permits or obtaining of insurance proceeds, provided Landlord diligently pursues the same) and notify Tenant in writing that it will be doing so, such notice to be mailed within thirty (30) days from the date of such damage or destruction, and (ii) the Monthly Net Rent and Additional Rent shall, according to the nature and extent of the damage or destruction, abate until the Premises shall have been rebuilt and made fit for the purposes of the Tenant. If Landlord fails to deliver to Tenant notice of whether the damage can be repaired within the applicable thirty (30) day period, or if Landlord has elected to repair and the repair is not completed within one hundred eighty (180) days from the date of such event (subject to delays for causes beyond Landlord's reasonable control such as delays due to issuance of building permits or obtaining of insurance proceeds, provided Landlord diligently pursues the same; provided, however, in no event shall such delays collectively extend such one hundred eighty (180) day period by more than thirty (30) extra days), then Tenant shall have the further option, at any time thereafter until such time as Landlord tenders the notice or completes the repair (as applicable), effective upon written notice to Landlord, to terminate this Lease as of the date of such notice. Landlord shall not repair or replace Tenant's property. The provisions of this section shall be subject and subordinate to the applicable provisions of the Master Lease. 23. EMINENT DOMAIN. If possession of any material part of the Premises shall be taken under the power of eminent domain, or conveyance in lieu thereof, either party may terminate this Lease within thirty days of such taking, and in that case, Tenant shall not be liable for any Rent after the date of such termination. If neither party elects to terminate this Lease, then this Lease shall remain in effect as to the portion 24. SALE BY LANDLORD. If Landlord's interest in the Property is sold, Landlord shall transfer the balance of the Security Deposit to the Landlord's successor and be released from any future liability under this Lease accruing from and after the date of the transfer of Landlord's interest and Tenant shall look solely to Landlord's successor. Except as set forth in this Article, this Lease shall not be affected by any such sale. 25. ESTOPPEL CERTIFICATES. Within ten days of request, either party hereto shall deliver to the other party a statement certifying (a) the Termination Date; (b) that this Lease is unmodified except as specified; (c) the date to which Rent has been paid; (d) that there are no defaults hereunder except as specified; and (e) financial, environmental and other information as reasonably requested. 26. FINANCIAL INFORMATION. Intentionally left blank. 27. SURRENDER OF PREMISES. Upon the expiration or earlier termination of this Lease, Tenant will deliver to Landlord possession of the Premises and Alterations in their current, broom clean condition and free of debris and damage (casualty and condemnation and ordinary wear and tear excepted), and title to all Alterations shall automatically vest in Landlord. 28. NOTICES. Notices shall be sent by hand delivery, overnight courier, Certified Mail, or by fax with a confirmation of delivery followed by a copy sent by regular mail, using the addresses set forth on the Reference Page, and shall be deemed given upon delivery or refusal of delivery. 29. FORCE MAJEURE. Landlord and Tenant shall be excused for any delay and shall not be in default with respect to the performance of any of the terms or conditions of this Lease when prevented from so doing by a cause beyond their control. This Article shall not apply to the timely payment of Rent. 30. DEFINED TERMS AND MISCELLANEOUS. The headings herein are for convenience and in no way describe the scope or intent of any Article. Any indemnification or insurance of Landlord shall include Landlord's lenders, trustees, directors, beneficiaries, shareholders, agents, affiliates, employees and ground owner. If any one of the provisions herein is judged unenforceable, all other provisions shall remain in full force and effect. Time is of the essence for this Lease and all of its provisions. This Lease has been freely negotiated between the parties and in any controversy over the interpretation of anything contained herein, there shall be no presumption or conclusion drawn against either party by virtue of that party having drafted that section of the Lease. Tenant shall look solely to Landlord's equity in the 31. WAIVER OF JURY TRIAL. Landlord and Tenant hereby waive trial by jury in any proceeding brought against each other. Any legal proceedings shall be governed by the laws of the State in which the Property is located and tried in the court system in such state. 32. NONRESPONSIBILITY OF LANDLORD. Except as expressly provided herein, there shall be no abatement from or reduction of the Rent due hereunder regardless of the reason or cause. Tenant shall not be entitled to damages, costs, losses or disbursements from Landlord regardless of the cause or reason therefore, unless expressly provided for in this Lease or caused by or resulting from the gross negligence or willful misconduct of Landlord. Except to the extent caused by or resulting from the gross negligence or willful misconduct of Landlord or as expressly provided for in this Lease, Tenant shall have no claim of any nature whatsoever against Landlord, no abatement or reduction of rent, and no recovery by Tenant from Landlord on account of partial or total failure of, or damage caused by (a) lessening of supply of, or stoppage of, heat, air-conditioning, electric light, power, water, plumbing, sewerage, elevators, or any other service, (b) any damage or annoyance occasioned by water, snow, or ice being upon or coming through the roof, skylight, trapdoors, windows, or otherwise, (c) any defect or break in any pipes, tanks, fixtures, or otherwise whereby steam, water, snow, smoke or gas, leak, issue or flow into the Premises, (d) any damage or annoyance occasioned by the condition or arrangements of any electric or other wiring, (e) any damage or annoyance arising from any acts, omissions, or negligence of co -Tenants or other occupants of the Property, or of owners or occupants of adjacent or contiguous property, or (f) the making of major repairs, alterations, repairs, improvements, or structural changes to the Property, or any thing or service therein or thereon or contiguous thereto provided the same shall be made with reasonable expedition. 33. MASTER LEASE. Tenant is cognizant of the fact that Landlord's interest in the Property (including the Premises) is created by the Second Amended and Restated Lease Agreement dated as of May 16, 2008 (as further assigned, the "Master Lease") between a predecessor to Landlord and St. Lucie County, Florida ("Master Ground Lessor") and that the Consent of Master Ground Lessor attached hereto is a condition precedent to the validity of this Lease. If Master Ground Lessor has not executed and delivered the Consent of Master Ground Lessor attached hereto within sixty (60) days of the Effective Date of this Lease, either party may elect to terminate this Lease by written notice provided to the other at any time before the execution and delivery of the Consent of Master Ground Lessor. Landlord shall not require the consent of Tenant to amend the Master Lease, Tenant waiving hereby any right it may have to give any such consent or consents. Notwithstanding the foregoing, Landlord covenants that Landlord shall not (i) voluntarily terminate the Master Lease prior to the Termination Date, without Tenant's prior written consent, or (ii) voluntarily 34. SECURITY. Tenant, and its employees, invitees, guests, and contractors must abide by those security regulations, policies and procedures (applicable at any time during the Term) ("Security Policies and Procedures") of the Airport, Federal Aviation Administration, the Transportation Security Administration, or any other applicable governmental or regulatory body, promulgated from time -to -time. In particular, Tenant acknowledges and agrees that it and its employees, invitees, guests and contractors will be required to comply with the requirements applicable to Part 139 facilities. IN WITNESS WHEREOF, the parties have executed this Lease as of the Effective Date. Landlord: Tenant: Fort Pierce FBO, LLC, Atlantic Helicopters, LLC a Florida limited libbility company a Florida limi ility company Name: r 47, ^'„v Name: �4 y� !�S Its: /ICC 51WiG5 Ns,•�r i.✓) Its: O((/n/+`GQ /C�c 0 CONSENT OF MASTER GROUND LESSOR Master Ground Lessor hereby consents to this Lease and all terms and provisions hereof and represents to Landlord and Tenant that to Master Ground Lessor's actual knowledge (a) the Master Lease is in full force and effect; (b) neither Master Ground Lessor nor Landlord is in default under any of the terms, covenants, or provisions of the Master Lease; (c) no event has occurred and no condition exists which, with the passage of time or the giving of notice or both, would constitute a default by Master Ground Lessor or Landlord under the Master Lease; (d) the party executing this Consent on behalf of Master Ground Lessor has the authority to consent to this Lease; and (e) the Master Lease has not been assigned, modified, or amended in any manner, except as follows: Assignment and Assumption Agreement dated as of April 24, 2007 by and between B & E Houck Enterprises, Inc., as assignor, and Volo Holdings Fort Pierce LLC, as assignee and consented to by Master Ground Lessor; and Assignment and Assumption Agreement dated as of December 16, 2009, by and between Volo Holdings Fort Pierce LLC, as assignor, and Fort Pierce FBO, LLC, as assignee and Ground Lessor Consent to same from Master Ground Lessor; Master Ground Lessor recognizes this Lease and agrees that (i) neither Tenant's right of possession to the Premises nor Tenant's rights under this Lease shall be affected or disturbed by Master Ground Lessor, and (ii) Tenant shall not be deprived of its rights under this Lease for any reason so long as no event has occurred and then continues to exist for such period of time (after any notice required by this Lease) as would entitle Landlord to terminate this Lease. IN WITNESS WHEREOF, Master Ground Lessor has executed this Consent as of this day of 2013. Master Ground Lessor: St. Lucie County, Florida By: Name: Its: EXHIBIT A PREMISES Approximately 5350 sq ft hangar/office combination located at 2970 Curtis King Blvd. Location of Premises, 2970 Curtis King Blvd EXHIBIT B ENVIRONMENTAL REQUIREMENTS Tenant shall operate its business on the Property and maintain the Premises (for purposes of this Exhibit Premises includes any improvements thereon, including without limitation any above -ground fuel storage tanks) in compliance with all federal, state and local laws, regulations, and requirements relating to the discharge of Hazardous Substances and to the protection of public health or the environment ("Environmental Laws"). The term "Hazardous Substances" means all hazardous or toxic substances, materials or wastes identified as "hazardous substances" under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended from time to time ("CERCLA"); any oil or petroleum products; asbestos and PCBs. If Tenant uses propane -fueled forklift trucks, it shall monitor air quality, as required under, and to ensure compliance with, all applicable Environmental Laws. Tenant shall give Landlord prompt written notice of any written instituted or threatened action, proceeding or claim alleging a violation of, or obligation under, Environmental Laws at or affecting the Property. Tenant shall also give Landlord prompt written notice of Tenant's knowledge of any condition or occurrence at the Property that constitutes a violation of Environmental Laws or requires a removal action or remediation under Environmental Laws. Within ten (10) days of request, Tenant shall execute and deliver to Landlord or any prospective landlord or mortgagee, a statement certifying: (1) the estimated amount and type of Hazardous Substances then in use, or to the extent of Tenant's knowledge, previously used, by Tenant at the Property except for those Hazardous Substances used in the regular course of Tenant's business and in compliance with Environmental Laws; (2) that Tenant has obtained and maintained in full force and effect all material permits and approvals required under Environmental Laws for the conduct of Tenant's business at the Property (along with copies of those permits and approvals); and (3) that Tenant has no notice or knowledge of the presence of Hazardous Substances on the Property in violation of Environmental Laws. Landlord (and any potential landlords and mortgagees) are limited to a total of two (2) such requests per year for the Term of this Lease unless otherwise allowed by Tenant. If Tenant breaches its obligations under this Article, or if the presence of Hazardous Substances on the Property caused or permitted by Tenant results in contamination of the Property in violation of Environmental Laws, or if contamination of the Property by Hazardous Substances otherwise occurs for which Tenant is legally responsible, then Tenant shall indemnify, defend and hold Landlord, its officers, directors, shareholders, members, employees, trustees and agents harmless from and against any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including, without limitations sums paid in settlement or defense of claims, attorneys' fees, consultant fees and expert fees) that arise before or after the Lease termination as a result of such contamination. This indemnification of Landlord by Tenant includes, without limitations, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any federal, state or local government agency or political subdivision or private party. Without limiting the foregoing, if the presence of any Hazardous Substances on the Property caused or permitted by Tenant results in any contamination of the Property in the violation of, or obligation under, Environmental Laws, Tenant, at its sole expense, shall promptly take all actions necessary to return the Property to the condition necessary to achieve compliance with Environmental Laws. Landlord shall not cause or intentionally allow the presence of Hazardous Substances in, on or under the Premises that would be in violation or create an obligation under Environmental Laws. Landlord agrees to indemnify, defend and hold Tenant, its officers, directors, partners, shareholders, employees and agents harmless from and against any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses which arise from the presence of Hazardous Substances in, on or under the Premises if caused or intentionally permitted by Landlord, its employees, The foregoing indemnity and obligations shall survive the expiration or earlier termination of this Lease. Landlord and its agents shall have the right, but not the duty, to inspect the Property, with reasonable notice and without interfering with Tenant's business, at any time to determine whether Tenant is complying with the terms of this Lease. THE INDEMNITY OBLIGATIONS ABOVE ARE INTENDED TO ALLOCATE RESPONSIBILITY FOR STATUTORY AND COMMON LAW NEGLIGENCE AND STRICT LIABILITY CLAIMS. AS WELL AS NEGLIGENCE, STRICT LIABILITY, AND ALL OTHER CLAIMS ARISING UNDER ENVIRONMENTAL LAWS, INCLUDING CERCLA AND OTHER ANALOGOUS STATUTES. — 2 8 7 7 2> % r§ g > ) § » I } A 9 ]@ a R $ I# 3 c § < § 2 > > > § > -A\ § 7 @ Q § ) § k 2 m c q ® § \ > n § k/ ® §�\ ( ¢§ ƒ > ) l$£ . �■ } mk7 G>0 (A i} 3 2 w|» � �k§ — k_\ & ea »\ 8 ¥� �} 0 A k m JE ■»_ §! ~ \ } \CL.a \�_ \ �_/ 03 }/ \ . , 0 }E k% / 3 { 0 k) 0 $ § § § § \ 9 3 § \ _ k _ § < 2 � \ / INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 13-0279 DATE: February 27, 2013 SUBJECT: Request for Proposals - Property Assessed Clean Energy Program - Taxable Special Assessment Line of Credit and Taxable Special Assessment Term Loans #####i#tit►►►i►t►iii#iiFi#i##ii###iikk#♦t#ik###kk#ikRkiit##►i#itiiii##tit#ii#tiiti BACKGROUND: On June 5, 2010, the board adopted Ordinance No. 10-025 creating the St. Lucie County Sustainability District. Under the terms of the Ordinance, the District would provide financing to a property owner who voluntarily participates in the sustainability program through non -ad valorem assessments levied on their property. The program would assist property owner who desire to install energy efficient improvements including wind resistance and water conservation improvements. In this regard, the County's Financial Advisor has drafted a Request for Proposals (RFP) for financial institutions who are interested in providing a special assessment line of credit and special assessment term loans for energy efficiency improvements for non residential and multi- family property owners. RECOMMENDATION/CONCLUSION; Staff recommends that the Board grant staff permission to advertise the draft Request for Proposals. Respect ully submitte Dani 5. Mclntvr ST. LUCIE COUNTY, FLORIDA (PROPERTY ASSESSED CLEAN ENERGY PROGRAM) REQUEST FOR PROPOSALS FOR FACILITY 1: TAXABLE SPECIAL ASSESSMENT LINE OF CREDIT and FACILITY 2: TAXABLE SPECIAL ASSESSMENT TERM LOANS REQUEST FOR PROPOSALS ST. LUCIE COUNTY, FLORIDA (PROPERTY ASSESSED CLEAN ENERGY) TAXABLE SPECIAL ASSESSMENT LINE OF CREDIT and TAXABLE SPECIAL ASSESSMENT TERM LOAN I. Introduction A. Objective The objective of this Request for Proposals (the "RFP") is to identify the institution that can provide St. Lucie County, Florida (the "County") with a not to exceed $5,000,000 taxable revolving or non -revolving line of credit (the "LOC") that provides for conversion to multiple taxable fixed rate term loans in the form of special assessment revenue notes (the "Term Loans") at the lowest overall borrowing cost pursuant to certain conditions. The County anticipates using the LOC as a temporary financing vehicle to provide funds to pay for certain energy efficiency, renewable energy, water conservation and wind resistance improvements to be voluntarily undertaken by non-residential and multi -family property owners located within the County (each a "Qualifying Improvement'). The County desires to have the ability to make draws for projects being constructed over a 3 year period. The County anticipates making draws on the LOC for an individual project and terming out each draw on the LOC upon completion of the particular project. The County desires to be able to term out the amounts drawn for a particular project over a period of up to 20 years. Each individual draw on the LOC related to a Qualifying Improvement is expected to be termed out under separate Term Loans. Principal and Interest payments on the LOC and Tenn Loans will be secured by a consensual non -ad valorem special assessment levied against the lands and real estate of the participating property owners, which are collected via Section 197.3632, Florida Statutes (the "Uniform Assessment Collection Act') on parity status with the collection of ad valorem property taxes. The financings will be a private placement and the County is not preparing any formal disclosure document. B. Proposal Instructions Electronic Proposals deemed to be in the best interest of the County including undertaking further negotiations with proposers on all aspects of their proposal. Proposal Response Each proposal should address all pertinent areas and be specific. Any conditions should be clearly stated. The failure to disclose substantive terms, conditions and covenants may be considered cause for the proposer's proposal to be rejected by the County. Questions, Additional Information Contact with personnel and Board members of the County other than Barbara Guettler or the designated representative regarding this Request for Proposals will be grounds for elimination from the selection process. The County shall not be responsible for oral interpretations given by any employee or its representative. The County will not be liable for any expenses incurred in connection with the preparation of a response to this RFP. The non-profit Solar and Energy Loan Fund of St. Lucie County, Inc. (SELF) administers St. Lucie's Property -Assessed Clean Energy (PACE) program in accordance with Resolution No. 2012-001 ("Administrative Agreement"). The contact person for SELF is Doug Coward, Executive Director, who can be reached by telephone at (772) 468-1818, by email at dougc(,�),solarenergyloanfund.org, or by mail at 2400 Rhode Island Ave., Fort Pierce, FL, 34950. Questions about the administration of the program can be directed to SELF. The proposer shall examine all proposal documents and shall judge all matters relating to the adequacy of such documents. Any inquiries, suggestions or requests concerning clarification or solicitation for additional information shall be submitted in writing to Barbara Guettler at eug ttlerb@stlucieco.org. The County will be reviewing the proposals and will recm omend the proposer that provides the lowest overall borrowing cost and most favorable terms. Tentative Schedule The County will attempt to adhere to the following schedule, but reserves the right to alter scheduled dates if necessary: L 1n19 DCD i......-A C. Security for LOC and Term Loans Principal and Interest payments on the LOC and Term Loans will be secured by a consensual non -ad valorem special assessment levied against the lands and real estate of the participating property owners, which are collected via Section 197.3632, Florida Statutes (the "Uniform Assessment Collection Act") on parity status with the collection of ad valorem property taxes. Non -ad valorem assessments certified and collected pursuant to the Uniform Assessment Collection Act are by law subject to the collection provisions established for collection of property taxes as set forth in Chapter 197, Florida Statutes. The County Tax Collector must follow the same procedures for collection of non -ad valorem assessments as for property taxes, including penalties for delinquent payments, and the issuance and sale of tax certificates and tax deeds for non-payment. Section 197.552, Florida Statutes, provides that the lien of record held by the County in imposing special assessments, when such lien is not satisfied from the proceeds of a forced sale of the delinquent property, shall survive the issuance of a tax deed. D. Structure of the Financing Line of Credit and Term Loans: The following describes the County's requirements in establishing the LOC: Amount: Not to exceed $5,000,000. Will accept proposals based on a revolving and non —revolving structure. 2. Maturity: The County desires to have the ability to make draws on the LOC for a period of up to 3 years. Will accept proposals that require a shorter draw down period. 3. Rate: Taxable interest rate based on a spread to a nationally recognized index. 4. Draws: The County may make draws on the LOC no more frequently than bi- monthly. 5. Repayment Terms: Interest on amounts drawn on the LOC will be paid at maturity of the LOC based upon a 30/360 day count basis. 6. Principal Prepayment: Principal amounts drawn on the LOC can be prepaid in full or in part at any time without penalty. i. Option 1: Provide a formula based on a nationally recognized index that the fixed rate on the Term Loans will be set at assuming the LOC is termed out over a period of 5 years. ii. Option 2: Provide a formula based on a nationally recognized index that the fixed rate on the Term Loans will be set at assuming the LOC is termed out over a period of 10 years. iii. Option 3: Provide a formula based on a nationally recognized index that the fixed rate on the Term Loans will be set at assuming the LOC is termed out over a period of 15 years. iv. Option 4: Provide a formula based on a nationally recognized index that the fixed rate on the Term Loans will be set at assuming the LOC is termed out over a period of 20 years. 2. Repayment Provisions: Interest payments on the outstanding principal balance of the Term Loans will be calculated on a 30/360 day count basis and paid semiannually. The Term Loan will be structured to produce substantially level annual debt service payments each year through the final maturity of the Term Loans. Prepayment: The principal amount of the Terms Loans must allow for optional prepayment in full or in part at any time without penalty. The County will not accept proposals which provide for acceleration in the event of default. II. EVALUATION OF PROPOSALS - CRITERIA Proposals will be evaluated on the basis of cost and compliance with the proposed structure and terms of the LOC and Term Loans as outlined in this RFP. The County will select the proposal that meets its overall goals and objectives and that provides the lowest overall borrowing cost to the County. A. Proposal Format In order to assist the County in reviewing proposals, each proposal shall be prepared utilizing the following format and headings: 1. Contact Information: State the legal name of the financial institution or firm, current principal business 3. Fees and Expenses: Describe in detail all fees and expenses for which the County will be responsible. The amounts stated in the proposal shall represent the maximum amounts payable to the proposer by the County. All fees and expenses in excess of those stated in the proposal shall be the sole responsibility of the proposer and will not be paid or reimbursed by the County. 4. Prepayment Provisions: If the proposer's prepayment provisions are different than those outlined above please specify. 5. Conditions: Provide a listing of all conditions, terms or restrictions, other than those specified in this RFP. III. INSTRUCTIONS TO PROPOSERS A. Proposers shall thoroughly examine and be familiar with the RFP specifications. Failure of any proposer to receive or examine this document shall in no way relieve any proposer of obligations pertaining to this proposal or the subsequent contract. B. The responsibility for delivering the proposal to the County on or before the specified date and time will be solely and strictly the responsibility of the proposer. The County will in no way be responsible for delays caused by the United States Post Office or a delay caused by any other occurrence. D. The response deadline shall be strictly observed. Under no circumstances will a proposal delivered after the time specified be considered. Such proposals will be returned to the proposer unopened. E. Proposers will not be allowed to withdraw or modify their proposals for a period of ninety (90) days after the opening time and date. F. The County reserves the right to reject the proposal of any proposer who has previously failed in the proper performance of a contract or to deliver on time other contracts similar in nature, or who is not in a position to perform properly under this contract. G. The County reserves the right to inspect all facilities of the proposer in order to make a determination as to their capabilities. I. No successful proposer may assign any portion of the contractual agreement between the parties without prior written authorization by the County. J. Changes to the RFP may be made by and at the sole discretion of the County. K. Warranties - The proposer, in submission of its proposal, warrants to the County that it will comply with all applicable federal, state and local laws, regulations and orders in providing the services under the proposed documents. The proposer will also warrant that it is purchasing the LOC/Term Loan for its own account. L. Collusion - The Proposer, by affixing its signature to this proposal, certifies that its proposal is made without previous understanding, agreement, or connection either with any previous firms or corporations offering a Proposal for the same items, or with the County, The proposer also certifies that its proposal is in all respects fair, without outside control, collusion, fraud or otherwise illegal action. IV. OTHER INFORMATION A. The County reserves the right to accept or reject any and all proposals for any reason deemed appropriate by the County, to waive any irregularities or informalities in any proposal, and to accept or reject any items or combination of items. The County reserves the right to undertake further negotiations with proposers on all aspects of their proposal. The award will be to the institution whose response complies with all of the requirements set forth in this RFP and whose proposal, in the sole opinion of the County, is best taking into consideration all aspects of the proposer's response. B. In the event that the successful proposer does not execute a contract within a timeframe acceptable to the County, the County may give notice of intent to award to the next most qualified proposer or to call for new proposals and may proceed to act accordingly. ADDMON AGENDA REQUEST ITEM NO. VI-B.7 DATE: March 5, 2013 REGULAR [] PUBLIC HEARING [] CONSENT [XX] TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: SUBMITTED BY(DEPT): County Attorney Daniel S, McIntyre County Attorney SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: RECOMMENDATION: COMMISSION ACTION: [ ] APPROVED [ J DENIED [) OTHER: BOCC Record Destruction See attached memorandum staff recommends that the Board approve the destruction of the records requested. CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM Review and Approvals County Attorney: Management&Budget Purchasing: Daniel S. McIntyre Originating Dept. Solid Waste Mgr.: County . C6UNTY F L O R I D A INTER -OFFICE MEMORANDUM ST. LUCIE COUNTY, FLORIDA TO: Board of County Commissioners FROM: Daniel S. McIntyre, County Attorney C.A. NO.: 13-0296 DATE: March 1, 2013 SUBJECT: BOCC Record Destruction i4i##ii#Y#iiiii#i4rt#iirt##YiYiiiirt#iiY4R##irtf#iiiY4#i##;fi4ffft#ti4ittif YtY#iYti#irt BACKGROUND: Attached to this memorandum is a copy of a memorandum from Shai Francis, Finance Director, with attachments, requesting approval to destroy Board of County Commissioners records in accordance with State of Florida retention guidelines. RECOMMENDATION/CONCLUSION: Staff recommends that the Board approve the destruction of the records as requested. DSM/caf Attachment CLERK OF THE CIRCUIT COURT FINANCE DEPARTMENT INTEROFFICE MEMORANDUM To: Dan McIntyre, County Attorney From: Shai Francis, Finance Director Date: February 28, 2013 Subject: BOCC Record Destruction Attached is a list of Board of County Commissioner's records to be destroyed in accordance with state of Florida retention guidelines. We appreciate your assistance in placing these items on the agenda for Board approval as required by Florida Statute 28.31. Thank you in advance for your assistance in this matter. Shai Francis m w H m m m c R° aIs m w e4i c H N 'O n C C C 9 N -1„ CM N yl ewi a ° m 3 m v 'o o� c o = a R 0 3 ^ N ; o m a. ' z m s—' ram+ am 12o '� o N 1� O W O O N m O N to m c* d O \ N N O \ O o+ �n. !2� r 3 t� n+ \ O a d x w Z m G O N m e r� m O to .i �+ \ f+ x a z 3 mN ` c DG o ot M oM n D w v o O \ O0 O J O w a N m i� J A O O r�i 1 W N N O W N 4 C C 1`�il 1 N O 11 r r. = to 7. 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V1-C1 DATE: 3/5/2013 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) White City Drainage Citrus & Saeger — Phase 1 See attached memorandum. FUNDS AVAILABLE: 102001-3725-563000-4258; White City Canals PREVIOUS ACTION: See attached memorandum. PRESENTED BY: Donald B. West Public Works Dire or Board approval of Local Governmental Agreement No. 4600002795 with South Florida Water Management District (SFWMD) in the amount of $381,291 for White City Drainage Project - Phase 1 and Resolution #13-033 as outlined in the attached memorandum and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: ( ) APPROVED ( ) DENIED ( ) OTHER CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM Coordination/Signatures County Attorney (X) j OMB Director (X) Budget Analyst N Dan McIntyre Marie Gouin Originating Dept. (X) W , ERD ( ) Don4ld B. West Karen Smith T TO: Board of County Commissioners FROM: Donald B. West, Public Works Director• DATE: March 5, 2013 SUBJECT: White City Drainage Citrus & Saeger— Phase 1 ITEM NO, VI-Cl Background: The County drainage project in White City, at Citrus and Saeger qualified for funding, in the amount of $381,291, from the St. Lucie River Issues Team (SLRIT) through South Florida Water Management (SFWMD). The project met the requirements to improve water quality within the North Fork of the St. Lucie River with a design that includes a stormwater pond and related infrastructure. The County's "in-house" crew will construct the project that will provide water quality and attenuation for storm water runoff from the 42-acre residential neighborhood in the vicinity of Citrus and Saeger Avenues. The neighborhood was developed prior to the implementation of the State water quality regulations. Therefore, it has poor stormwater conveyance and lacks a stormwater treatment system. Currently, stormwater runoff from the residential lots, paved and unpaved roads and agricultural areas is directly conveyed to the North Fork of the St. Lucie River by an aged system of swales and driveway or roadway culverts_ The project is designed to improve the water quality by reducing nutrient loads and assist with timing the release of freshwater to the estuary. By acceptance of the agreement, the County agrees to cost share this project with SFWMD. The attached Local Government Agreement will provide fifty percent (50%) of the necessary funding for phase 1 of the drainage project. The estimated cost of the project is $762,582; the County share is $381,291. The County will use our "in-house" crew to provide some of the required match through in kind services, in addition to match funding available in the budget for White City Canals. I11;11093Ili • ► ►. n 3 A RESOLUTION ACCEPTING THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT LOCAL GOVERNMENTAL AGREEMENT (# 4600002795) FOR WHITE CITY DRAINAGE CITRUS & SAEGER, PHASE 1—AND. AUTHORIZING THE CHAIRPERSON TO EXECUTE THE AGREEMENT AND FURTHER AUTHORIZING THE COUNTY ATTORNEY TO EXECUTE THE AGREEMENT BY APPROVING IT AS TO FORM AND CORRECTNESS WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. The South Florida Water Management District has awarded the County funding for White City Drainage Citrus & Saeger, Phase 1 (#4600002795). 2. The Board should authorize and approve the execution of the Local Governmental Agreement with the South Florida Water Management District for the above -referenced project. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: 1 The Board hereby accepts and approves the Local Governmental Agreement with the South Florida Water Management District (#4600002795) for White City Drainage Citrus & Saeger, Phase 1. 1. The Board hereby authorizes and Chair to execute the above - referenced agreement and further authorizes the County Attorney to execute the agreement by approving it as to form and correctness. After motion and second, the vote on Resolution 13-033 was as follows: Chairman Tod Mowery Vice -Chair Frannie Hutchinson Commissioner Paula Lewis Commissioner Chris Dzadovsky Commissioner Kim Johnson PASSED AND DULY ADOPTED. this day of ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA M CHAIRMAN •r • • a 1 0 • INVOICE REFERENCE INTO. SOUTH FLORIDA WATER MANAGEMENT DISTRICT LOCAL GOVERNMENTAL AGREEMENT AGREEMENT NO.4600002795 I�-�II'111' SOUTH FLORIDA WATER MANAGEMENT DISTRICT ME ST. LUCIE COUNT' BOARD OF COUNT' COMMISSIONERS THIS AGREEMENT is entered into as of the by and between the South Florida Water Management District (DISTRICT) and St. Lucie County Board of County Commissioners (RECIPIENT). WHEREAS, the DISTRICT is a government entity created by Chapter 373, Florida Statutes; and WHEREAS, the St. Lucie River Issues Team has recommended award of this AGREEMENT to the RECIPIENT using state appropriations administered by the DISTRICT; and WHEREAS, the DISTRICT desires to provide financial assistance to the RECIPIENT to conduct the White City Drainage Project - Phase 1; and WHEREAS, the project will provide water quality and attenuation for storm water runoff from an approximately 42-acre residential neighbor in the vicinity of Citrus and Saeger avenues in White City, St. Lucie County; and WHEREAS, Phase 1 of the project consists of construction of a pond and ditches with culverts, riprap and outfalls to provide water retention and habitat restoration within the North Fork of the St. Lucie River watershed; and NOW, THEREFORE, in consideration of the covenants and representations set forth herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. The DISTRICT agrees to contribute funds and the RECIPIENT agrees to perform the work set forth in Exhibit "A" attached hereto and made a part hereof, subject to availability of funds and in accordance with their respective authorities for the White City Drainage Project —Phase 1. 2. The period of performance of this AGREEMENT shall commence on the date of execution of this AGREEMENT and shall continue for a period of two (2) years. 3. The total DISTRICT contribution shall not exceed the amount of $381,291. The DISTRICT shall make payment upon completion and acceptance of the deliverables as described in the Payment and Deliverable Schedule set forth in Exhibit "B", which is attached hereto and made a part of this AGREEMENT. The DISTRICT's contribution is subject to adequate documentation to support actual expenditures within the not -to - exceed AGREEMENT funding limitation of $381,291. In no event shall the DISTRICT be liable for any contribution hereunder in excess of this amount. The RECIPIENT is providing a cost sharing contribution as provided for in paragraph 5 below, and shall provide evidence that its minimum cost share has been met for each invoice submitted. The subject cost share documentation shall be included with each invoice. If the total consideration for this AGREEMENT is subject to .multi -year funding allocations, funding for each applicable fiscal year of this AGREEMENT will be subject to Governing Board budgetary appropriation. In the event the DISTRICT does not approve funding for any subsequent fiscal year, this AGREEMENT shall terminate upon expenditure of the current funding, notwithstanding other provisions in this AGREEMENT to the contrary. The DISTRICT will notify the RECIPIENT in writing after the adoption of the final DISTRICT budget for each subsequent fiscal year if funding is not approved for this AGREEMENT. 4. The RECIPIENT shall submit quarterly financial reports to the DISTRICT providing a detailed accounting of all expenditures incurred hereunder throughout the term of this AGREEMENT. The RECIPIENT shall report and document the amount of funds expended per month during the quarterly reporting period and the AGREEMENT expenditures to date within the maximum not -to -exceed AGREEMENT funding limitation. 5. The RECIPIENT shall cost share in the total amount of $381,291 in conformity with the laws and regulations governing the RECIPIENT. 6. All work to be performed under this AGREEMENT is set forth in Exhibit "A", 7. The RECIPIENT is hereby authorized to contract with third parties (subcontracts) for services awarded through a competitive process required by Florida Statutes. The RECIPIENT shall not subcontract, assign or transfer any other work under this AGREEMENT without the prior written consent of the DISTRICT's Project Manager. The RECIPIENT agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the RECIPIENT that the DISTRICT shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract(s). 8. Both the DISTRICT and the RECIPIENT shall have joint ownership rights to all work items, including but not limited to, all documents, technical reports, research notes, scientific data, computer programs, including the source and object code, which are developed, created or otherwise originated hereunder by the other party, its subcontractor(s), assign(s), agent(s) and/or successor(s) as required by the Exhibit "A', Statement of Work. Both parties' . rights to deliverables received under this AGREEMENT shall include the unrestricted and perpetual right to use, reproduce, modify and distribute such deliverables at no additional cost to the other party. Notwithstanding the foregoing, ownership of all equipment and hardware purchased by the RECIPIENT under this AGREEMENT shall be deemed to be the property of the RECIPIENT upon completion of this AGREEMENT. The RECIPIENT shall retain all ownership to tangible property. 9. The RECIPIENT, to the extent permitted by law, assumes any and all risks of personal injury, bodily injury and property damage attributable to negligent acts or omissions of the RECIPIENT and the officers, employees, servants and agents thereof. The RECIPIENT represents that it is self -funded for Worker's Compensation and liability insurance, covering bodily injury, personal injury and property damage,, with such protection being applicable to the RECIPIENT, its officers and employees while acting within the scope of their employment during performance of under this AGREEMENT. In the event that the RECIPIENT subcontracts any part or all of the work, hereunder to any third party, the RECIPIENT shall require each and every subcontractor to identify the DISTRICT as an additional insured on all insurance policies as required by the RECIPIENT. Any contract awarded by the RECIPIENT shall include a provision whereby the RECIPIENT's subcontractor agrees to indemnify, pay on behalf, and hold the DISTRICT harmless from all damages arising in connection with the RECIPIENT's subcontract. 10. The RECIPIENT and the DISTRICT further agree that nothing contained herein shall be construed or interpreted as (1) denying to either party any remedy or defense available to such party under the laws of the State of Florida; (2) the consent of the State of Florida or it¢ nuentq and nuencies to he sned• nr (1) n waiver of snvareion immimity of the OfnfP AGREEMENT without the prior written consent of the other parties. Any attempted assignment in violation of this provision shall be void. 12. The parties to this AGREEMENT assure that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age or sex, from participation in, denied the benefits of, or be otherwise subjected to discrimination in any activity under this AGREEMENT. 13. The RECIPIENT, its employees, subcontractors or assigns, shall comply with all applicable federal, state and local laws and regulations relating to the performance of this AGREEMENT. The DISTRICT undertakes no duty to ensure such compliance, but will attempt to advise the RECIPIENT, upon request, as to any such laws of which it has present knowledge. 14. Either party may terminate this AGREEMENT at any time for convenience upon thirty (30) calendar days prior written notice to the other party. In the event of termination, all funds not expended by the RECIPIENT for authorized work performed through the termination date shall be returned to the DISTRICT within sixty (60) days of termination. 15. The RECIPIENT shall allow public access to all project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the RECIPIENT assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the RECIPIENT. 16. The RECIPIENT shall maintain records and the DISTRICT shall have inspection and audit rights below. The RECIPIENT shall similarly require each subcontractor to maintain and allow access to such records for audit purposes: A. Maintenance of Records: The RECIPIENT shall maintain all financial and non- financial records and reports directly or indirectly related to the negotiation or performance of this AGREEMENT including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five (5) years from the expiration date of this AGREEMENT. B. Examination of Records: The DISTRICT or designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this AGREEMENT. Such examination may be made only within five (5) .years from the expiration date of this AGREEMENT. above, maintain records and similarly require each subcontractor to maintain and allow access to such records in compliance with the requirements of the Florida State Single Audit Act and the Federal Single Audit Act, as follows: A. Maintenance of Records: The DISTRICT shall provide the necessary information to the RECIPIENT as set forth in Exhibit "C". The RECIPIENT shall maintain all financial/non-financial records through: (1) Identification of the state or federal awarding agency, as applicable (2) Project identification information included in the Catalog of State Financial Assistance (CSFA) or the Catalog of Federal Financial Assistance (CFDA), as applicable (3) Audit and accountability requirements for state projects as stated in the Single Audit Act and applicable rules of the Executive Office of Governor, rules of the Chief Financial Officer and rules of the Auditor General and the State Projects Compliance Supplement (4) Audit/accountability requirements for federal projects as imposed by federal laws and regulations (5) Submission of the applicable single audit report to the DISTRICT, as completed per fiscal year B. Examination of Records: The DISTRICT or designated agent, the state awarding agency, the state's Chief Financial Officer and the state's Auditor General and/or federal awarding agency shall have the right to examine the RECIPIENT's financial and non- financial records to the extent necessary to monitor the RECIPIENT's use of state or federal financial assistance and to determine whether timely and appropriate corrective actions have been taken with respect to audit findings and recommendations which may include onsite visits and limited scope audits. 18. All notices or other communication regarding this AGREEMENT shall be in writing and forwarded to the attention of the following individuals: South Florida Water Management District Attn: Kathy LaMartina, Project Manager Attn: Donna Lavery, Contract Specialist 3301 Gun Club Road West Palm Beach, FL 33406 Telephone No. (561) 682-6594 Email: klamart@sfwmd.gov St. Lucie County Board of County Commissioners Attn: Lori Rocky, Fiscal Specialist 2300 Virginia Ave. Fort Pierce, FL 34982 Telephone No. (772) 462-1485 Email rockvl@stlucieco.org 19, Invoices, clearly marked "ORIGINAL", shall be sent to the attention of Accounts Pavahle at the I'MOTRIPTIe arldrace enPnif1PA IAw All inernirac ehall rafaranr•c 4hn South Florida Water Management District Attention: Accounts Payable P.O. Box 24682 West Palm Beach, Florida 33416-4682 20. RECIPIENT recognizes that any representations, statements or negotiations made by DISTRICT staff do not suffice to legally bind DISTRICT in a contractual relationship unless they have been reduced to writing and signed by an authorized DISTRICT representative. This AGREEMENT shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. 21. This. AGREEMENT may be amended, extended or renewed only with the written approval of the parties. The DISTRICT shall be responsible for initiating any amendments to this AGREEMENT, if required. 22. This AGREEMENT, and any work performed hereunder, is subject to the Laws of the State of Florida. Nothing in this AGREEMENT will bind any of the parties to perform beyond their respective authority, nor does this AGREEMENT alter the legal rights and remedies which the respective parties would otherwise have, under law or at equity. 23. Should any term or provision of this AGREEMENT be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this AGREEMENT, to the extent that the AGREEMENT shall remain operable, enforceable and in full force and effect to the extent permitted by law. 24. Failures or waivers to insist on strict performance of any covenant, condition, or provision of this AGREEMENT by the parties shall not be deemed a waiver of any of its rights or remedies, nor shall. it relieve the other party from performing any subsequent obligations strictly in accordance with the terms of this AGREEMENT. No waiver shall be effective unless in writing and signed by the party against whom enforcement is sought. Such waiver shall be limited to provisions of this AGREEMENT specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 25. Any dispute arising under this AGREEMENT which cannot be readily resolved shall be submitted jointly to the signatories of this AGREEMENT with each party agreeing to seek in good faith to resolve the issue through negotiation or other forms of non -binding alternative dispute resolution mutually acceptable to the parties. A joint decision- of the signatories, or their designees, shall be the disposition of such dispute. 27. Any inconsistency in this AGREEMENT shall be resolved by giving precedence in the following order: (a) Terms and Conditions outlined in preceding paragraphs 1— 26 (b) Exhibit "A" Statement of Work (c) Exhibit "B" Payment and Deliverable Schedule (d) all other exhibits, attachments and documents specifically incorporated herein by reference IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this AGREEMENT on the date first written above. SIFWMD OFFICEAF CO � �LLAAPPROVED: By: ,3 . n NAME: DATE: fad%1 SIBWM�i 2OCUREMENTAPPROVED: By: ®® Date: 6 • 7 SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY ITS GOVERNING BOARD By: Dorothy A. Bradshaw, Procurement Bureau Chief ST LUCILE COUNTY BOARD OF COUNTY COMAUSSIONERS Name of Authorized Individual STATEMENTAOFP9WORK White City Drainage Project — Phase I 1.0 INTRODUCTION � This proposed surface water restoration project will provide water quality and attenuation for storm water runoff from an approximately 42-acre residential neighborhood in the vicinity of Citrus and Saeger avenues in White City, St. Lucie County. The neighborhood was developed prior to the implementation of the State water quality regulations. Therefore, it has poor stormwater conveyance and lacks a stormwater treatment system. Currently, stormwater runoff from the residential lots, paved and unpaved roads and agricultural areas is directly conveyed to the North Fork of the St. Lucie River by an aged system of swales and driveway or roadway culverts. The project's design and ultimate construction, will attenuate the stormwater runoff, change the timing of freshwater reaching the estuary; reduce nutrient loads discharging to the estuary; and increase shoreline habitat. This phase of the project consists of construction of the pond and ditches with culverts, riprap and outfalls to provide water retention and habitat restoration within the North Fork of the St. Lucie River watershed in St. Lucie County. The total estimated project cost for construction of the pond and related infrastructure is $762,582. This includes site clearing and grading, pond construction, site stabilization, and installation of water conveyance structures necessary to direct water flow into and out of the pond. The St. Lucie River Issues Team has awarded $381,291 for construction of the project, and St. Lucie County will provide the 50 percent match amounting to $381,291. Match will be provided from County Municipal Service Taxing Unit (MSTU) funds and anticipated assistance from the Florida Department of Environmental Protection (DEP). 2.0 OBJECTIVES This phase of the project includes the construction of a ±4.0-acre wet detention pond to treat and attenuate stormwater runoff from a low-lying ±42-acre residential neighborhood that also has historic flooding problems. The untreated, free -flowing stormwater runoff from the sub -basin discharges directly to the North Fork of the St. Lucie River and typically contains sediments, fertilizers, pesticides, heavy metals, oils and grease from the residential neighborhood. The proposed control elevation will be set at about 2.5-feet NGVD, based on seasonal high water levels in the adjacent wetlands. The control structure will be sized to provide attenuation and water quality for the first inch of runoff from the ±42-acre sub -basin. Project objectives include: 0 Improved water quality of stormwater discharging into the adjacent wetlands and the l • 1 •1 �$ The White City Drainage Project is located adjacent to the North Fork of the St. Lucie River in one of St. Lucie County's original communities. The proposed pond site is in an ideal location on County -owned property between a residential area and the North Fork. The site is at the lowest point within the 40-acre sub -basin — as a result, it is well aligned to mitigate harmful stormwater runoff that currently drains directly into the North Fork south of Midway Road. Flood control is an added benefit, as the attenuation pond will help to direct storm water associated with large rain events away from existing homes. The project is located at the geographic center of local, state and federal stormwater efforts to repair an aging drainage system that has been divided into numerous subsections as roads were constructed over the past century: 19 4 miles to the north is Heathcote Botanical Gardens, where a Section 319 project is underway to clean runoff moving east into the Indian River Lagoon. ® 1 mile to the east is Indian River Estates, where an ongoing FEMA project is helping to reduce residential runoff into the freshwater Savannas that ultimately enters the North Fork (south of Citrus -Saeger). ® 3 miles to the south is the Hogpen Slough Drainage Basin Project, a state Community Development Block Grant (CDBG) project providing major improvements along the North Fork. Additionally, nearby County BMPs include Platts Creek and Canal D to the north and a River Park baffle box project to the south. As demonstrated, the White City Drainage Project is part of an integrated regional effort to reduce pollutants entering the North Fork and ultimately, the St. Lucie River Estuary. 4.0 SCOPE OF WORK Phase I construction will include: ® land clearing and grading; ® installation of sediment and erosion controls; ® construction of attenuation pond; ® post -construction site stabilization; and ® conveyance construction along adjacent roadways. The primary construction work will be performed by the Engineering and Road & Bridge Divisions of the St. Lucie County Public Works Department. The Department has years of experience with constructing similar projects and is currently completing stormwater improvement projects at Harmony Heights and Paradise Park in Fort Pierce. The work associated with construction of the wet detention pond is expected to be completed within 24 months of contract execution. This work will improve the flow of gravity -directed waters from adjourning neighborhoods into the attenuation pond. Deliverables: One copy of a .progress report detailing project progress relative to percent complete and percent invoiced on a quarterly basis throughout the duration of the contract. Task 2. Permitting The County shall obtain necessary permits for construction. Deliverables: One copy of all permits required for construction within six months of contract approval. Task 3. Construction The County shall use qualified county crews and outside contractors where needed to complete pond construction and install related conveyance. Deliverables: One copy invoices and time records. Task 4. Final Inspection The County shall complete 100 percent of pond construction and installation of related conveyance and make a final inspection of the project. Deliverables: One Engineer's Certification of Completion and photographs of project by twenty- four months of contract execution. If the total consideration for this AGREEMENT is subject to multi -year funding allocations, funding for each applicable fiscal year of this AGREEMENT will be subject to Governing Board budgetary appropriation. In the event the DISTRICT does not approve funding for any subsequent fiscal year, this AGREEMENT shall terminate upon expenditure of the current funding, notwithstanding other provisions in this AGREEMENT to the contrary. The recipient shall invoice the District following submission of each deliverable in the amounts indicated below. The recipient shall be responsible for submitting Quarterly Reports starting after the first quarter following contract execution. The recipient shall be responsible for all aspects of managing and completing the project and described in Exhibit A. Payment of invoices is a reimbursement of 50% of the total costs to complete each deliverable within a maximum amount not -to -exceed the amount stated below and is contingent upon the partnering agency providing documentation with each invoice,showing a minimum 50% cost share and the deliverables as described in the Payment and Delivery Schedule. The District shall only be obligated to pay for documented actual expenditures within the not -to -exceed amounts specified below. TASK DELIVERABLE SCHEDULE COUNTY NOT -TO -EXCEED (time from MATCH PAYMENT BY contract ($) SLRIT THROUGH execution) SFyWMD ($ Task 1 Progress Report Quarterly 0 0 Task 2 Permits Within 6 months 0 0 of contract execution Task Construction Quarterly $371,290.98 $371,290.98 Expenses, Time Records Task 4 Engineer's Within 24 $10,000 $10,000 Certification of months of Completion contract execution Total $381,290.98 $381,290.98 Payment 0 a W x W O � N O J � O � o M � N � w ,UD M M M O O O m m f` z 0 M cn h y w ITEM NO. VI-D1 DATE: 3/5/2013 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Diana Wesloski SUBMITTED BY: Community Services/Housing Division Housing Manager SUBJECT: Neighborhood Stabilization Program 1 (NSP1) Invitation to Bid (ITB) #1 BACKGROUND: See attached memorandum. FUNDS AVAILABLE: 001512-5420-583000-500 (NSP1) 001452-5420-583000-500 (RCMP) PREVIOUS ACTION: March 10, 2009 — Permission to apply for NSP1 grant. August 11, 2009—Acceptance of NSP1 grant. December6, 2011 —Award of RFQ No. 11-044 Construction Contractor Pre -Qualification RECOMMENDATION: Board approval to enter into a contract with One Construction Services for the rehabilitation of 4906 Sunset Blvd., Fort Pierce under the St. Lucie County NSP1 grant, and Budget Resolution No.13-037 as outlined in the agenda memorandum; and authorization for the Chairman to sign documents as approved by the County Attorney COMMISSION ACTION: ( ) APPROVED ( ) ( ) OTHER DENIED CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM Community Services MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Director FROM: Diana Wesloski, Housing Manager DATE: March 5, 2013 SUBJECT: Neighborhood Stabilization Program 1 (NSP1) Invitation to Bid (ITB) #1 ITEM NO. VI-D1 Background: The NSP1 program was authorized by the Housing and Economic Recovery Act of 2008. The NSP1 funds are to be used to acquire, rehabilitate, and demolish foreclosed and abandoned properties in order to help stabilize neighborhoods. St. Lucie County's allocation is $3,984,601. On February 1, 2013 staff held a mandatory pre -bid meeting with the contractors on the NSP1 rotating list. Bids were received on February 15, 2013. Residential Construction Mitigation Program (RCMP) funds will be used for all wind mitigation items such as windows, doors and roofing. The lowest bidder was disqualified due to an incomplete bid package. Staff is recommending award of the project to the qualified lowest responsive responsible bidder: • One Construction Services; located in Fort Pierce for the rehabilitation of 4906 Sunset Blvd., Fort Pierce in the amount of $68,800 (ITB #1) The Federal Davis Bacon Act that establishes the requirement for paying the local prevailing wages on public works projects does not apply because housing residential rehabilitation property that contains seven or less units is exempt. All projects incorporate green, energy efficient products, including but not limited to, solar hot water heaters, 15 Seer or higher rated HVAC, double pane low E impact windows, and energy -rated appliances. The apprenticeship program parameters do not apply, as this project does not exceed $300,000. Local preference is not permitted with NSP1. The RESOLUTION NO. 13-037 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 U. S. Department of Housing and Urban Development in the amount of $134,500 for the Neighborhood Stabilization Program. 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 5th day of March, 2013, pursuant to Section 129.06 (d), Florida Statutes that such funds are hereby appropriated for the fiscal year 2012-2013, and the County's budget is hereby amended as follows: REVENUE 001512-5420-331510-500 US Dept of Housing and Urban Dev $134,500 APPROPRIATIONS 001512-5420-583000-500 Other Grants and Aids $134,500 After motion and second the vote on this resolution was as follows: Commissioner Tod Mowery, Chairman XXX Commissioner Frannie Hutchinson, Vice Chair XXX Commissioner Chris Dzadovsky XXX Commissioner Paula Lewis XXX Commissioner Kim Johnson XXX PASSED AND DULY ADOPTED THIS 5TH DAY OF MARCH 2O13. ATTEST: BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY. FLORIDA CHAIRMAN d M ~ { W 0 o C40 O C13 z~ � o .zy "a 2y ny O o 0 0 o as M � o � z z z W m PW In o o o kn o a 00 z z z z GO 0 0 o zy o 0 0 0 M o P� O O O O 00 �zzzGqGO00� I's 0 CS o m y as y w o N 0 0 M 0 Ln O z O" z O z N O h vi kn o O o 0 O z O z O z M 00V� GD V) M GS N � U U o w o w N 00 o a to ; o P 0 a a .° w p TO: SUBMITTED BY: SUBJECT: BACKGROUND: FUNDS AVAILABLE: PREVIOUS ACTION: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Community Services/Housing Division Neighborhood Stabilization Program 3 (NSP3) Invitation to Bid (ITB) #2 See attached memorandum. 001538-5420-549605-500 (NSP3) ITEM NO. VI-132 DATE: 3/5/2013 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) PRESENTED BY: Diana Wesloski Housing Manager March 22, 2011 —Acceptance of NSP3 grant July 3, 2012 — Board approved to modify the NSP3 Action Plan RECOMMENDATION: Board approval to enter into a contract with Gentile, LLC to demolish and construct a new single family home at 110 SE Bonita Court, Port St. Lucie, River Park under the St. Lucie County NSP3 grant, as outlined in the agenda memorandum; and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: ( ) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA County Administrator, ICMA-CM Coordination/Signatures Cnnnfv Affnrnov / \ �� i (1MR nirarfnr I 1 n _ 4Anrn�-i Community Services MEMORANDUM TO: Board of County Commissioners THROUGH: Beth Ryder, Director G�"'is�e_�P__ FROM: Diana Wesloski, Housing Manager DATE: March 5, 2013 SUBJECT: Neighborhood Stabilization Program 3 (NSP3) Invitation to Bid (ITB) #2 ITEM NO. VI-D2 Background: St. Lucie County was awarded $1,947,657 in NSP3 funds by the Department of Housing and Urban Development for the purchase, rehabilitation, and sale of foreclosed properties in Lakewood Park, River Park, and Indian River Estates. • On February 1, 2013 staff held a mandatory pre -bid meeting with contractors on the NSP3 rotating list. Bids were received on February 15, 2013. Staff is recommending award of the project to the qualified lowest responsive responsible bidder: • Gentile, LLC; located in Fort Pierce in the amount of $97,290 to demolish and construct a new single family home at 110 SE Bonita Court, Port St. Lucie., River Park. (ITB#2) The Federal Davis Bacon Act that establishes the requirement for paying the local prevailing wages on public works projects does not apply because housing residential rehabilitation property that contains seven or less units is exempt. All projects incorporate green, energy efficient products, including but not limited to, solar hot water heaters, 15 Seer or higher rated HVAC, double pane low E impact windows, and energy -rated appliances. The apprenticeship program parameters do not apply, as this project does not exceed $300,000. Local preference is not permitted with NSP3. The current funding balance for NSP3 projects is $812,772. ( ° \ CD \ \ H } /0 \%\ / o \ \ ) e / \ \ / CD\; ; ; 0 { J { m \/ R q co CD� CD 0 0 \ 0 ) _ / to ®\ to & y & $ > E § f P $ ) I _ « - & \ E @ Cl k B ITEM NO. VI-E TO: SUBMITTED BY: SUBJECT: BACKGROUND: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Administration / Treasure Coast Research Park DATE: 03/05/13 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) PRESENTED BY: �,m Ben D. DeVries �V Executive Director Third Amendment for Construction Management Services — Kimley Horn See attached memorandum FUNDS AVAILABLE: 316-3716-563005-093610 Infrastructure/ Engineering PREVIOUS ACTION: See attached memorandum RECOMMENDATION: Board approval of the Kimley Horn Third Amendment (attached) to Contract 09-12- 660 for Construction Management Services in an amount not to exceed $70,000 and authorization for the Chairman to sign the Amendment as prepared and approved by the County Attorney. COMMISSION ACTION: ( ) APPROVED ( ) DENIED ( ) OTHER CONCURRENCE: Faye W. Outlaw, MPA County Administrator Coordination/Signatures I Treasure Coast Research Park MEMORANDUM TO: Board of County Commissioners FROM: Ben D. DeVries, Executive Director DATE: March 5, 2013 SUBJECT: Third Amendment for Construction Management Services — Kimley Horn ITEM NO. WE Background: Kimley Horn has submitted a scope of services (attached) in an amount not to exceed $70,000 for post design construction management services for on site and off site infrastructure construction. The on site improvements consist of master stormwater drainage facilities, potable utilities and landscaping. Off site improvements consist of road improvements to Pruitt Research Road which includes the addition of an eastbound left turn lane at the Pruitt Research Road/ Kings Highway intersection. Previous Action: 12122109 — Agreement for professional civil engineering and land planning services for first development phase; preparation of documents for Bid 12-019 Infrastructure/ roads and stormwater improvements 08116112 — First Amendment to expand scope of services for rebid design documents for Bid 13-005 / on site and off site construction improvements 10116112 — Second Amendment to amend agreement to reduce scope of service and compensation Recommendation: Board approval of the Kimley Horn Third Amendment (attached) to Contract 09-12-660 for C09-12-660 THIRD AMENDMENT TO DECEMBER 22, 2009 AGREEMENT THIS THIRD AMENDMENT is dated this day of 2013, by and between TREASURE COAST EDUCATION, RESEARCH AND DEVELOPMENT AUTHORITY, "Authority" and KIMLEY-HORN AND ASSOCIATES, INC., hereinafter called the "Consultant" WHEREAS, on December 22, 2009, the parties entered into an agreement, hereinafter referred to as the "Agreement' for professional civil engineering and land planning services for the planning, development and permitting of improvements for the Core Research Campus of the Treasure Coast Research Park; and, WHEREAS, on August 16, 2012, the parties executed the first amendment to the Agreement to expand the scope of services and increase the compensation; and, WHEREAS, on October 16, 2012, the parties executed the second amendment to the Agreement to delete the services and compensation approved in the first amendment, to revise the maximum amount for the expanded services and approve the revised scope of services WHEREAS, the parties desire to further amend the Agreement to add post design construction services to the scope of work, compensation and extend the project schedule to coincide with the actual construction schedule. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the Agreement as follows: 1. SERVICES: The County has determined that it would like to utilize the services of the Consultant for the completion of the Project, to provide professional engineering services for the Project. The services to be provided by Consultant on the Project shall be for those as outlined in the Scope of Services attached hereto as Exhibit "A" which is attached hereto and made a part of this amendment and incorporated herein. COMPENSATION: The cost to perform all services as described in the attached Scope of Services shall not exceed a total amount of seventy thousand and 00/100 dollars ($70,000.00), as further detailed in Exhibit "A" which is attached hereto and made a part of this amendment and incorporated herein. 3. Except as amended herein, the remaining terms and conditions of the Agreement, as previously amended, shall remain in full force and effect. C09-12-660 Treasure Coast Education, Research and DEVELOPMENT AUTHORITY CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: COUNTY ATTORNEY WITNESSES: KIMLEY-HORN AND ASSOCIATES, INC. ❑—© aey � end Aseodetes, Inc. April 8, 2012 Revised January 21, 2013 Ben DeVries, CEO & Executive Director Treasure Coast Research Park 2199 S. Rock Road Fort Pierce, FL 34945 772-467-3107 Me 200 445 240 Street Vero Beach, Florida 32960 RE: Post Design Services Work Authorization Treasure Coast Research Park — Phase 1/ Stage 1 Bid Documents Dear Mr. DeVries: We are pleased to submit to you this proposal for scope of services associated with the Treasure Coast Research Park Project. This proposal includes professional consulting services associated with post design construction phase services support. Please find attached the project scope of services and fees based upon our project understanding. We appreciate this opportunity to work with the Authority and look forward to participating in this project. Should you have any questions, please feel free to contact me at 772-794-4083, Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. Senior Vice President v4A ts9Inc. SECTION I — PROJECT DESCRIPTION Professional consulting services are required to provide Post Design Construction Phase Services associated with the construction of the Phase 1/ Stage 1 Bid Documents located within the Treasure Coast Research Park in St. Lucie County. The project will include the construction of the infrastructure required to support the initial development phase within the Park. The on -site Park improvements will consist of master stormwater drainage facilities, potable utilities and landscaping. Off -site roadway improvements are proposed to Pruitt Research Road and Kings Highway (SR 713) which consist of adding an eastbound left auxiliary lane at the Pruitt Research Road/ Kings Highway intersection. A. POST DESIGN CONSTRUCTION PHASE SERVICES: During the Construction Phase, the ENGINEER will assist the COUNTY to provide design clarifications and design field changes, as necessary. The scope of services contemplated to be provided within the Construction Phase Services consists of the following: a. Pre -Bid Meeting. The ENGINEER will attend the pre -bid meeting to assist the COUNTY in describing the scope of work contained with the construction documents. The ENGINEER shall provide oral and/or written clarifications to questions presented relative to the scope of work identified within the construction documents. Bi-Weekly Construction Meetings/ Construction Observation, The ENGINEER will provide on -site construction observation services during the projecfs construction phase. It is estimated that the construction duration will be 12 months. It is anticipated that the ENGINEER will be available to participate in the construction meetings, as requested by the COUNTY. The ENGINEER will also be available to make visits at intervals as directed by the COUNTY in order to observe the progress of the Work. Such visits and observations by the ENGINEER are not intended to be exhaustive or to extend to every aspect of Contractor's ...r.rb in nrr.n.ecc n4.enn Hnnc orro 4n he lim40rl 4n cnn4 nharlrinn ❑-o 191*Hom and As9odates, lm c. Clarifications and Interpretations. The ENGINEER will respond to reasonable and appropriate Contractor requests for information and issue necessary clarifications and interpretations of the Contract Documents to the COUNTY as appropriate to the orderly completion of the Contractor's work. Any orders authorizing variations from the Contract Documents will be made by the COUNTY. d. Change Orders. The ENGINEER may recommend Change Orders to the COUNTY, and will review and make recommendations related to Change Orders submitted or proposed by the Contractor. e. Shop Drawings and Samples. The ENGINEER will review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which the Contractor is required to submit, but only for conformance with the information given in the Contract Documents. Such review and approvals or other action will not extend to means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction or to related safety precautions and programs. All submittals will be transmitted through the COUNTY, unless otherwise directed. Inspections and Tests. The ENGINEER may require special inspections or tests of the Contractor's work as the ENGINEER deems appropriate, and may receive and review certificates of inspections within the ENGINEER's area of responsibility or of tests and approvals required by laws and regulations or the Contract Documents. The ENGINEER's review of such certificates will be for the purpose of determining that the results certified indicate compliance with the Contract Documents and will not constitute an independent evaluation that the content or procedures of such inspections, tests, or approvals comply with the requirements of the Contract Documents, The ENGINEER shall be entitled to rely on the results of such tests, surveys and the facts being certified. All inspections and testing will be conducted by the COUNTY. g. Applications for Payment. All applications for payment will be reviewed and approved by the COUNTY. sM AAwdadates, Im accordance with the Contract Documents to the best of the ENGINEER's knowledge, information, and belief based on the extent of its services and based upon information provided to the ENGINEER upon which it is entitled to rely. The ENGINEER will review as -built surveys and tests submitted by the contractor and review for conformity with the projects applicable permits. Upon acceptance of the submitted as -built drawings by the ENGINEER and COUNTY, the ENGINEER will submit the applicable permit certifications. i. Limitation of Responsibilities. The ENGINEER shall not be responsible for the acts or omissions of any Contractor, or of any of their subcontractors, suppliers, or of any other individual or entity performing or furnishing the Work. The ENGINEER shall not have the authority or responsibility to stop the work of any Contractor. rj* Antes, Inc. SECTION 11- COMPENSATION The COUNTY agrees to pay and the ENGINEER agrees to accept for services rendered pursuant to the following fees: A. Professional Services Fee: The basic compensation mutually agreed upon by the ENGINEER and the COUNTY is as follows: Hourly Not -to -Exceed Tasks: Task Description On -Site Construction Phase Services Off -Site Construction Phase Services Fee $ 40,000 $ 30,000 Grand Total $70,000 TO: SUBMITTED BY: SUBJECT: BACKGROUND: ITEM NO. DATE: AGENDA REQUEST REGULAR BOARD OF COUNTY COMMISSIONERS Planning & Development Services St. Lucie County International Airport VI-F1 03/05/13 PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) PRESENTED BY: JohnT. Wiatrak ��✓ Airport Manager Michael Baker Jr., Inc. Work Authorization No. 52, 150 Acre Wetland Mitigation Area Maintenance (Year 5) See attached memorandum. FUNDS AVAILABLE: 140-4210-531000-400 — Professional Services. PREVIOUS ACTION: February 3, 2009 - LPA Work Authorization No. 16 for Year 1 maintenance & monitoring. September 15, 2009 - LPA Work Authorization No. 23 for Year 2 maintenance & monitoring. November 9, 2010 — LPA Work Authorization No. 31 for Year 3 maintenance & monitoring. December 11, 2011 - LPA Work Authorization No. 40 for Year 4 maintenance & monitoring. RECOMMENDATION: Board approval of Michael Baker Jr., Inc. (formerly LPA) Work Authorization No. 52 to provide consultant services for the Runway 10L/28R 150 Acre Wetland Mitigation Area Maintenance (Year 5), for a lump sum amount of $59,371, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA County Administrator, ICMA-CM Coordination/Siq natures Planning and Development Services Department Airport Division MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Directe Planning & Development Services FROM: John T. Wiatrak, C.M., ACE Airport Manager+j DATE: March 05, 2013 SUBJECT: Michael Baker Jr., Inc. Work Authorization No. 52, 150 Acre Wetland Mitigation Area Maintenance (Year 5) ITEM NO. VI-F1 Background: This work authorization provides consultant services and associated maintenance and monitoring activities related to the Runway 10L/28R 150 Acre Wetland Mitigation Area. Completion of this fifth year project ensures compliance with South Florida Water Management District (SFWMD), Army Corps of Engineers (ACOE), and the US Fish and Wildlife Service (FWS) permit requirements through the end of FY 2013. In order to construct the new runway and taxiway, the permitting processes with the South Florida Water Management District (SFWMD), Army Corps of Engineers (ACOE), and the US Fish and Wildlife Service (FWS) required that over 150 acres of land be set aside for mitigation of impacted wetlands and protected species. The SFWMD 120 acre area includes a gopher tortoise relocation area and a scrub jay mitigation area, and must be maintained in perpetuity. The ACOE also required the removal of exotic plant species and a five year maintenance program on a 29.88 acre parcel located immediately to the south of the 120 acre site as part of the runway and taxiway mitigation requirements. Semi-annual monitoring reports are also required to document improvements made for wetland mitigation and for protected species. Failure to comply with SFWMD and ACOE requirements can result in the County receiving a Notice of Non-compliance from those regulatory agencies. Funds for this project were approved under the Fiscal Year 13 Budget and are provided out of the Airport's operating and maintenance account with no subsidy from the general fund. WORK AUTHORIZATION NO. 52 CONTRACT C07-04-213 FOR CONTINUING PROFESSIONAL ENGINEERING SERVICES THIS WORK AUTHORIZATION is made as of the 5ih day of March 2013, by and between the ST. LUCIE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County" and MICHAEL BAKER JR., INC., hereinafter referred to as the "Consultant". WITNESSETH: WHEREAS, on April 3, 2007, the County entered into a Consulting Agreement (Contract No. C07- 04-213) hereinafter referred to as "Contract' with the Consultant to provide continuing professional engineering services; and, WHEREAS, pursuant to the Contract, the Consultant is to provide the professional services as outlined in this individual work authorization; 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 who are legally bound, hereby agree as follows; 1. PROJECT: The County has determined that it would like to complete a project described below: St. Lucie County International Airport Runway 10L-28R Wetland Mitigation Area Maintenance Services — Year 5 Implementation (hereinafter referred to as "the Project'.) 2. SERVICES: The County has determined that it would like to utilize the services of the Consultant in the completion of the Project, to provide professional engineering services for the Project under the pricing, terms and conditions of the continuing contract (C07-04-213). The services to be provided by Consultant Work Authorization No. 52 Contract C07-04-213 3. COMPENSATION: The cost to perform all services as described in the attached Scope of Services shall be paid as lump sum and will not exceed a total amount of fifty-nine thousand three hundred seventy and 98/100 dollars ($59,370.98), as further detailed In Exhibit "B". 4. CONTRACT DOCUMENT: Except as amended hereby, all of the original terms and conditions in the Continuing Contract shall remain in full force and effect. 5. TIME OF COMPLETION: a. It is hereby understood and mutually agreed by and between parties hereto that the time of completion is an essential condition of this Contract, time being of the essence. b. Consultant shall commence work per the written Notice to Proceed, and shall complete all work as outlined and described in the Exhibit "A" Schedule. C. The period herein above specified for project completion may be extended by such time as shall be approved by the County Administrator or designee, or the Contract may be cancelled by the County with the County invoking all rights and remedies thereof. d. Where any deductions from or forfeitures of payment in connection with the work of this Contract are duly and properly Imposed against the Consultant, in accordance with the terms of the Contract, State Laws, governing ordinances or regulations, the total amount thereof may be withheld from any monies due or to become due the Consultant under the Contract; and when deducted, shall be deemed and taken as payment in such amount. IN WITNESS WHEREOF, the parties hereto have executed this Work Authorization in multiple copies, each of which shall be considered an original on the date firstwritten above. BOARD OF COUNTY COMMISSIONERS ATTEST: - ST. LUCIE COUNTY, FLORIDA DEPUTY CLERK CHAIRMAN APPROVED AS To FORM AND CORRECTNESS: COUNTY ATTORNEY EXHIBIT A SCOPE OF WORK AND PROJECT SCHEDULE ST. LUCIE COUNTY INTERNATIONAL AIRPORT FPR TASK NO. 52 RUNWAY 10L/28R WETLAND MITIGATION AREA MAINTENANCE SERVICES - YEAR 5 IMPLEMENTATION St. Lucie County (CLIENT) has contracted Michael Baker Jr., Inc. (BAKER) to perform the maintenance services in order to meet the condition of ten percent or less cover for exotic plant species within the Runway I OL/28R wetland mitigation area (PROJECT) as contained in South Florida Water Management District (SFWMD) Permit No. 061120-15 Modification No. 56- 00293-5, issued on December 13, 2007 for the construction of Runway IOL/28R at St. Lucie County International Airport (Airport). The following is a description of the anticipated key tasks that will be conducted by BAKER. TASK 1. MAINTENANCE EVENTS Site Inspection BAKER will inspect the project area for evidence of growth of nuisance and exotic plant species approximately 30 days from the last maintenance event in order to determine if a maintenance event will be necessary. The results of the site inspection detailing the locations of nuisance and exotic plant species wilt be forwarded to BAKER's subconsultant, Earth Balance if a maintenance event is required. If a maintenance event is not required, the results of the site inspection will be summarized in a memo and forwarded to the CLIENT. Maintenance Events BAKER will perform five (5) maintenance events to control nuisance and exotic plant species within the wetlands of the SFWMD and COE mitigation area Targeted species will include Brazilian pepper (Schinus lerebinthefolhis), punktree (Melcrlettea quinquenernia) and other Florida Exotic Pest Plant Council's (FLEPPC) Category I and II nuisance and exotic plant species. Grapevine wilt only be treated in areas where its total coverage exceeds 50 percent. Methods of treatment will consist of selective cutting and stump treatment for exotic plant species and foliar treatment for nuisance plant species. All exotic vegetation debris will be disposed of off -site. A biologist licensed to apply herbicides in the State will supervise all work. purpose of the evaluation is to inspect the treated areas; to document the results of the maintonance event; and to determine if the maintenance activity frequency is adequate, and whether it should be conducted more or less frequently. Maintenance Memo BAKER will prepare a memorandum that summarizes the maintenance events at the wetland mitigation areas and includes the following information for each maintenance event: 1. Date of treatment; 2. Treatment location; 3. Herbicide name and volume used; 4. Weather conditions; 5. Photographs prior to exotic removal activities; and 6. Photographs after completion of exotic removal activities. Assumptions, • The CLIENT will provide security clearance, access, and escort to the PROJECT Area for each maintenance event. • The exotic species within the wetlands covering approximately a 47-acre area are scattered and located in areas with desirable native vegetation. • Selective hand removal and use of a backpack sprayerfor herbicide application is anticipated to be the most effective method for exotic and nuisance species removal and control. TASK 2. CLIENT COORDINATIONAND MEETING BAKER will coordinate, with implementation and measures Conservation Management Plan DELIVERABLES the CLIENT to discuss the results of the third year of recommended for the third year of implementing the • Five (5) Maintenance Event Memos COST ESTIMATE SCHEDULE BAILER will initiate project activities immediately upon receipt of authorization to proceed. We anticipate completion of project activities and submittal of five (5) maintenance memos 365 clays from the authorization to proceed. Proposed dates are subject to change dependent on weather. Receipt of Notice to Proceed n/a February 2013 Site Evaluation Event 1 1 day February 2013 Maintenance Event 1 1-3 clays March 2013 Site Inspection Event 1 1 day April 2013 Maintenance Event 2 1-3 days May 2013 Site Inspection Event 2 1 day June 2013 Maintenance Event 3 1-3 days July 2013 Site Inspection Event 3 1 day August 2013 Maintenance Event 4 1-3 days September 2013 Site Inspection Event 4 1 day October 2013 Maintenance Event 5 1-3 days November 2013 Site hrspection Event 5 1 day December 2013 Site Evaluation 2 1 day January 2014 Client Coordination Continuous February 2013 to January 2014 Exhibit 5 : Hour and Fee Estimate ST. LUCIE COUNTY, FPR TASK NO, 62 ST. LUCIE COUNTY INTERNATIONAL AIRPORT Runway JOU28R Yea" Welland Idiflgallon Area Maintenance 2011 Rate $166.00 EltyLot, $USUX, SIDBLOD 86. a - 66.. ---- Taw -LiLG.oq, TAS*iiW4tUbU1MI gittimAN, 7 7 Lxp,C.nr(qw,J oil Io- --ft— 66 irtemenaricerm --- 5 5- 31 6 —2 ZRI i 10 1 -- 6 0 92 0 0 2 104 04 TASK 1; �WU. ... Pa. $836 $830 $0 ski"M $0 $132 $If 728 Tgs7-77T j< . C,Ury,,ld aid bbdbrb�j CHMA.MIMMM, 8 r 34 r 34 0 F$0,936 ITASKI: InfortOchbornahn, Merthhuffing Han's 0 0 a 0 0 TASK 2: Client Coordination MWARMIlm, Fee $Assr $0 $o _po p $o 0 $5 644 Total Estimated No.,. 39 5 0 02 D 0 138 Tool E.U.MMI Label Carl,. $0,4?4 $10 $0 $0 $0 $132 $17,S72.0 isttiro—dn Earth B.I.Mr. S37p600m00 Total Subconsullards (LUMP Sum) S37.500A0 LEA Subconsulked fichrudItudled Poo $1.875.0 [TOTAL LUMP SUM MOUNT. TO: SUBMITTED BY: SUBJECT: BACKGROUND: ITEM NO. DATE: AGENDA REQUEST REGULAR BOARD OF COUNTY COMMISSIONERS Planning & Development Services St. Lucie County International Airport VI-F2 03/05/13 PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X ) John Wiatrak J Airport Manager Budget Resolution No. 13-036 for the Design & Construct Taxiway D1 Realignment & Associated Drainage Improvements grant See attached memorandum. FUNDS AVAILABLE: 140381-4210-563005-134606 Infrastructure —Consulting Engineer (pending Board approval) PREVIOUS ACTION: February 05, 2013 — Board approval of Resolution No. 13-014 accepting FDOT Joint Participation Agreement (JPA) RECOMMENDATION: Board approval of Budget Resolution No. 13-036 establishing the fund for the Design & Construct Taxiway D1 Realignment & Associated Drainage Improvements project, and authorization for the Chairman to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA County Administrator, ICMA-CM Coord ination/Sig natures County Attorney (X) l OMB Director (X) N'O/�� Planning and Development Services Department Airport Division MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Directo Planning & Development Se ces FROM: John T. Wiatrak, C.M., ACE, Airport Manager T ✓ DATE: March 05, 2013 SUBJECT: Budget Resolution No. 13-036 for the Design & Construct Taxiway D1 Realignment & Associated Drainage Improvements grant ITEM NO. VI-F2 Background: This agenda request is for Board approval of the attached Budget Resolution establishing the project fund for the Design & Construct Taxiway D1 Realignment & Associated Drainage Improvements project. This project was approved under the FY 2013 Capital Improvement Program. This project consists of realigning and removing Taxiway D/D1 at Runway 28L on the east side of the airfield. The existing portion of Taxiway D/D1 connects to Runway 28L in an area that is not technically the runway surface, which is a violation of current FAA design criteria. This portion of Taxiway D will be removed and replaced with a new taxiway that meets FAA design criteria. The new taxiway will connect to Runway 28L on the runway surface (rather than the blast pad) and will connect at a 90 degree angle (rather than a 45 degree angle). These two changes will correct the two current FAA violations. Funds are available with no impact to the General Fund. Project funding consists of an anticipated FAA 90% match share of $553,500, a FDOT 5% match share of $30,750, and a local 5% match share of $30,750. Recommendation Board approval of Budget Resolution No. 13-036 establishing the fund for the Design & Construct RESOLUTION NO. 13-036 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 $30,750, as funding for the Taxiway D-1 alignment and drainage project 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 5th day of March, 2013, pursuant to Section 129,06 (d), Florida Statutes that such funds are hereby appropriated for the fiscal year 2012-2013, and the County's budget is hereby amended as follows: REVENUE 140381-4220-334411-134606 APPROPRIATIONS 140381-4220-563005-134606 FDOT-Transportation Infrastructure -Consulting Engineer After motion and second the vote on this resolution was as follows: Commissioner Tod Mowery, Chairman XXX Commissioner Frannie Hutchinson, Vice Chair XXX Commissioner Chris Dzadovsky XXX Commissioner Paula Lewis XXX Commissioner Kim Johnson XXX PASSED AND DULY ADOPTED THIS STH DAY OF MARCH 2O13. ATTEST: $30,750 $30,750 BOARD OF COUNTY COMMISSIONERS ST LUCIE COUNTY, FLORIDA BY: r'.HAIRMAN TO: SUBMITTED BY: SUBJECT: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Planning and Development Services Department Planning Division ITEM NO. VII-A DATE: 03/05/13 REGULAR () PUBLIC HEARING (X) LEG. ( ) QUASI -JD ( ) CONSENT () PRESENTED BY: Britton Wilson Senior PlannW Ordinance 13-007 — Land Development Code Text Amendment updating Section 3.01.02S to allow bingo parlors as a permitted use in the CG Zoning District BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: February 19, 2013 — The Board of County Commissioners held the first reading. January 17, 2013 — The Planning and Zoning Commission unanimously recommended approval. RECOMMENDATION: Board approval of Ordinance 13-007 updating Section 3.01.02S to allow bingo parlors as a permitted use in the CG Zoning District. COMMISSION ACTION: ( ) APPROVED ( ) ( ) OTHER DENIED COORDINATION/SIG NATURES CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM County Attorney (X) d County Surveyor ( ) Planning and Development Services Department Planning Division I Pf I = Pi Eel MIN ► 11IIj 1T1 TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Planning & Development Services Director Leslie Olson, Planning Manager FROM: Britton Wilson, Senior Plann DATE: March 5, 2013 SUBJECT: Ordinance 13-007 — Land Development Code Text Amendment updating Section 3.01.02S to allow Bingo Parlors as a permitted use in the CG Zoning District ITEM NO. VII-A Robert Rodriguez as an agent for Rio Arcade has submitted an application for an amendment to the Land Development code to allow bingo parlors as a permitted use in the Commercial General (CG) Zoning District. This is the final adoption hearing for this item. BACKGROUND: Bingo parlors are categorized by the United States Department of Labor under "Amusements and Recreation Services' or Standard Industrial Code (SIC) 79. The St. Lucie County Land Development Code (LDC) lists amusements and recreation services as a permitted use in the CG zoning district with the exception of stadiums, arenas, race tracks, amusement parks and bingo parlors. All the exceptions are identified as a conditional use within the CG zoning district except bingo parlors, thereby resulting in bingo parlors not being a permitted or conditional use in any zoning district. The high impacts associated with the conditional uses of stadiums, arenas, race tracks and amusement parks warrant the conditional use approval process. Bingo parlors are associated with impacts that are significantly lower than an arena or amusement park and are comparable to arcade gaming and billiard parlor uses that are both permitted uses in the CG zoning district. Analysis summary: Staff's analysis indicates that the proposed text amendment to the Land Development Code to allow I 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 An ORDINANCE NO. 13-007 FILE NO.: TLDC - 1120124570 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE BY AMENDING SECTION 3.01.02S — COMMERCIAL GENERAL ZONING DISTRICT TO ALLOW BINGO PARLORS AS A PERMITTED USE; 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. I V WHEREAS, the Board of County Commissioners �of'SV Lucie County, Florida, based on the testimony and evidence, including but not limit d.to'the staff reporthas made the following determinations: 1. This Board is authorized by Section 125.01(1)(h) Florida,, Statutes to e$tablish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and, 2. This Board is authorized by Section' 125,01(1)(t) to adopt ordinances and resolutions necessary for the exercise of Its,powers anrl,to pre Elbe fines and penalties for the violations of ordinancas,in. accordan'6"ith law 3. On August 1 1090`'the Board of C6t(n1y,C6mmi9sioners of St. Lucie County Florida adopted the St Lucie County Lapd Development Code. 4. The Board of County Corrlt7 Mj6.'ners has dQpted certain amendments to the St. Lucie County Lar1d DeVeIopm�nt lode tHrot gh the following Ordinances: t9�1003 Ma(eh 14 1991 �`�'' 91-009 May 14, 1991 91 021 , November 7 1991 92-017 June 2, 1992 93-' Februa1,6 1993 93-003 February 16, 1993 93-005 May 25,1993 93-006 May 25, 1993 93-007 May 25 f993 94-007 June 22,1994 94-018 August 1,J994 94-021 August 16, 1994 95-001 kAghuary 6;' 1995 96-010 August 6, 1996 97-001 Marctr;1'997 97-009 October 7, 1997 97-003 Septb er 2, 1997 99-001 February 2, 1999 99-002 April 6, 1999 99-003 August 17, 1999 AS]-nnd Aunust 17 1999 9-nn5 .lulu 7n 1999 3 4 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 Ordinance No. 13-007 File No.: TLDC - 1120124570 Page 2 04-007 April 20, 2004 04-033 December 7, 2005 05-001 March 15, 2005 05-003 August 2, 2005 05-004 August 2, 2005 05-007 January 18, 2005 05-013 November 8, 2005 05-016 August 16, 2005 05-023 September 20, 2005 06-005 April 18, 2006 06-013 June 6, 2006 06-022 July 18, 2006 06-017 May 30, 2006 06-018 May 30, 2006 06-030 September 12, 2006 06-047 December 5, 2006 07-011 February 6, 2007 07-015 May 1, 2007 07-018 December 18, 2007 07-032 November 6, 2007 07-041 September 4, 2007 08-004 March 11, 2008 08-008 June 17, 2008 08-012 September 12, 2008 08-025 September 14, 2008 09-003 January 20, 2009 09-007 September 1, 2009 09-012 May 19, 2009 09-013 May 5, 2009 09-025 October 6, 2009 10-003 February 2, 2010 10-026 September 7, 2010 10-034 November 9, 2010 10-036 December 21, 2010 11-005 February 1, 2011 11-012 August 2, 2011 11-015 April 19, 2011 11-017 June 21, 2011 11-021 August 2, 2011 12-002 March 20, 2012 12-003 May 15, 2012 12-004 February 7, 2012 12-008 March 20, 2012 12-010 February 14, 2012 12-014 October 3, 2012 12-013 December 4, 2012 5. Robert Rodriguez as an agent for Rio Arcade has initiated an amendment to the Land Development Code. 6. On January 17, 2013, the Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in the St. Lucie News Tribune at least 10 days prior to the hearing and recommended that the proposed ordinance be approved. 7. On February 19, 2013, this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the St. Lucie News Tribune at least 10 days in advance. 8. On March 5, 2013, this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in the St. Lucie News Tribune at least 10 days in advance. 9. The proposed amendment to the St. Lucie County Land Development Code is consistent with the general purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan and is in the best interest of the health, safety and public welfare of 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 Ordinance No. 13-007 File No.: TLDC - 1120124570 Page 3 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: A. The specific amendment to the St. Lucie County Land Development Code to read as follows in underline format: Section 3.01.03 S. CG COMMERCIAL, GENERAL. 1. Purpose. <unchanged> 2. Permitted Uses: a. Adjustment/collection and credit reporting services. (732) b. Advertising. (731) c. Amphitheaters. (999) d. Amusements and recreation services - except stadiums, arenas, race tracks and amusement parks aad bingepar-lors. (79) 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. 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 provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property or circumstance. D. APPLICABILITY OF ORDINANCE This Ordinance shall be applicable in the unincorporated area of St. Lucie County E. FILING WITH THE DEPARTMENT OF STATE 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 Ordinance No. 13-007 File No.: TLDC - 1120124570 Page 4 G. ADOPTION After motion and second, the vote on this Ordinance was as follows: Tod Mowery, Chairman XXX Frannie Hutchinson, Vice -Chair XXX Chris Dzadovsky, Commissioner XXX Paula Lewis, Commissioner XXX Kim Johnson, Commissioner XXX PASSED AND DULY ADOPTED this 5th day of March, 2013 ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney SCPIPPS TREASV PE COAST NEWSP<PEPS QFflday, FebNafy22,2013 (('IB TREASURE COAST Golf course could become driving range ByFABIerrM1enk mwnca@vn�mn YHI08EALH- Galf balls rind be flying again at the old Dodgmeman GaIf COu.rSprrJ=maM John Hendricks can per- suade the cito let them develop a drivityng:arlg0 et Ihorind Avemesite. City Manager Jim O'Connor and Recreation ➢frecim Rob Slea.k said the discussions Are lust In the conceptual stage, and no formal beans', nxetsel r,laccusubach- The initial proposal speaks of being allowed to use a parties of the old golf course clubhouse plus sarcAmaethenet fora drivinpnnge incxchange for mmmv.lan that part of the property The city scheduled to be made in In the Ieuree he wrote ask between $1,100 and withmecityfDrusedur- Octobw2025. "weareproposivgto keep 11,800 per than@for [M1a ea, certain times. The Paul Thomas, who has tyyM1e building maintained, property,wfiich is based laud is also la the Hight aperatedthv electric for ehe uthefypkalsquare-foot path of the Vero Beach raagesm arliousilgo' bulldi'a g, mow the area rent al', l lfienearbyairpert. Municipal Airport, so hopeslo be, able to strike and the building and "We.re in thenegotlat- FedemlAWationAdmin- adealwiH Is city the area In, the drivl.g IS, stage right vow,"said "nation regulations also soon, 'I think It wouldbe range. Thiswill allow the O'Connor, and t. be met. wonderfulspot;' said city to stare all there.... Sleaakwidnrkmareu- Hendricks' letter pro- Tlmmav,whonotesmeh- atimug equipment iv the ditions M1avebbe me[be- poses alive-yeaz lease mgcurrentlyisgomgonat bilmceoflhebuildingand free suchafe.ifily cold withaaismanth notice 1helwatian.Heispartnws keep thecilyfromhaving be opened at the cause, to vacate. O'Connor said with John Hendricks of to mow 30 percent of the including Bobliity insur- a of the conditions of American Gag Club LLC property." and testsliatioa ofa any deal would be that lia.nepeoposaL Hendricke added few fire wall at he old club- the etywould be able to No cks' co pray ptactiddbe.hole h meekly regain cshnelron invo Ived iv the ms- L ycou pave apnthe Part of the clubhouse proper y i y .moon of the old Via,. future. He mentioned his will comi.ue to be used eotheruseforit. saPastproposals Meadows Golf Course on company has a lease with bytheciry(m smage. fro the south D.S.LThecoursels the city of➢elle Glade m Anyagreement also la�havemeludedbkyde wailed American Golf manage its 18-hole golf most satisfy conditions trailsandre-establishment ClubdVem Beach. nwhichnomooey in a parking license of a nine -hole or smaller In. letter he the city chre,shands, agreement Indian River goffmume.HoveaDhese signed by Hendricke, he O'Connerhowevepmid County and the Vero have come dose to being pro wedusmg300 yards p .-___-,_-,-- the city would probably Beach Sports Village has implemented. OKmrrHmeeE COUNT' program, homemade meat sauce, TOBI.. costs about acted addgarpe km(s. Corps plans meetings $150 per child per week. A lunchtime delivery ondikestudy The Early Learning Co- Option will be available .title. Ponds . to $90 m orders office creams, cnancetocommmt. For more information on the Herbert Hoover Dikepmject,viattleerack- nv lle District websits at essad. var—wary. vifivankef hale okeechobeie/herbeed Immeneiks.aspx. MANTINCOVHTV Wanted: Sponsors forteenevents The Martin County Parks and Recreation ➢apartment's %-creme Sponsors eking sponsor to support its springeve.ts. With a Soul a ny I.E. ship, your compaonlog cell be placed the huriedcd spring event Pierre d distributed throughout the rermyY Yourtompany namewill be mentireadthroughout the avast, and any sl - age U, ..enpposternw hopes,ad. rearm. The teen program Is per child week Ad- Inslditiontothespaghetti per will ofr isbashed ovincomwhich e.The baskets be sold center depends of Ye - $I each. ounldonationsand this Bar mom inform.].., fv.drefsertomalmupthe call 772-283 021 or visit difference. ww.gertrudewalden.., Dinner is$5 per person .ad includes spaghetti, starcnpans ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA March 5, 2013 NOTICE OF PROPOSED TEXT AMENDMENT TO THE LAND DEVELOPMENT CODE The St. Lucie county Bold of County Comealedmans proposes m worthier the adoption of the following byOrdinence. ORDINANCE NO. R-ODT AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE BY AMENDING BECHDN 3Al.(US- COMMERCIAL GENERAL ZONING DISTRICT TO ALLOW BINGO PARLORS AS A PERMITTED USE; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITy; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ABORTION; AND PROVIDING FOR CODIFICATION. APPLICANT: Rio Amade, FILE NUMBER: TLOC iW0124670 PURPOSE:But amendment to the Land Development Code to allow bingo penes as a parmi8ed use m me Commercial General (CG) m.mg dlsldm. The second .1 No PUBLIC HEARINGS oa]his It.. 1111 be had In H. Cammirabn Chamber, Roger Pallets Annex, 30 Fla., St. Luale County Adminlsteaton Bulking. 2300 Vllgiele Asome. FOO Plume. Florida on I ..env March s 2013 beginning at 6:44.pta ores on in .... Be,ea pwa.d1s, All Interested persons will be given an oppo Walt, to be heard, Main acmmtnes maeesd le advaaa. of in. public hearing will also be corskemd. Walter comments to the Boom of County Commisabnem should be resolved by the Planning and Development Services Department - Planning Division at least 3 days pact to the scheduled hearing. The petition file Is available for review at the Planning and Development ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA March 5, 2013 amlaswuorosmrnmoxwaauaos.suuaxnoxsxrmmemw.suxrtnewrovrxrsrmaasannr ieNurro allner1111NNallsoc agErsUNIM'4areaaVINYt ronuoanualsvtmsawxnremr esUaaresss4tsW 1.11 a mxwsmaus a,ar.um. reranance. R Imung, mama .I earls amxmro G,m Koxsmgmx Nnmk = Due atacbrwry&adnevry4mm'sstrex ub:: yarl"..a...15`1aeseenreareree am..roarb,...,—ate.Orr1A, ,Ila.nabw,"I.t—OpeaP b IUi. cul f.re 1. Ns,.''-� se, pa _wemry. t e'u'reetl rrcMee n M4hY m 1. ran rs"— al pen paw a oar m.eas„. rare,.., .1 n Na.e k{Kg dteµ s ",.„.11 ttn art trek 1M fix Olt O eon.. utrt lW I6x goarzMM. as'. Is ce AGENDA REQUEST ITEM NO. VII-A DATE: 02/19/13 REGULAR () PUBLIC HEARING (X) LEG. () QUASI -JD ( ) CONSENT () TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Britton Wilson SUBMITTED BY: Planning and Development Services Senior Plan Department Planning Division SUBJECT: Ordinance 13-007 — Land Development Code Text Amendment updating Section 3.01.02S to allow Bingo Parlors as a permitted use in the CG Zoning District — First Reading BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: January 17, 2013 — The Planning and Zoning Commission unanimously recommended approval. Board approval to schedule the second reading of Ordinance 13-007 for March 5, 2013 at 6:00 p.m. or soon thereafter as outlined in the agenda memorandum. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) ( ) OTHER DENIED COO RDI NATI O N/SIGNATURES Faye W. Outlaw, MPA County Administrator, ICMA-CM County Attorney (X) County Surveyor ( ) nnniwl R MnlnTvro Rnn Harris Planning and Development Services Department Planning Division MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Planning & Development Services Director FROM: Britton Wilson, Senior PlannW DATE: February 19, 2013 SUBJECT: Ordinance 13-007 — Land Development Code Text Amendment updating Section 3.01.02S to allow Bingo Parlors as a permitted use in the CG Zoning District — First Reading ITEM NO. VII-A Robert Rodriguez as an agent for Rio Arcade has submitted an application for an amendment to the Land Development code to allow Bingo Parlors as a permitted use in the Commercial General (CG) Zoning District. BACKGROUND: Bingo Parlors are categorized by the United States Department of Labor under "Amusements and Recreation Services" or Standard Industrial Code (SIC) 79. The St. Lucie County Land Development Code (LDC) lists amusements and recreation services as a permitted use in the CG zoning district with the exception of stadiums, arenas, race tracks, amusement parks and bingo parlors. All the exceptions are identified as a conditional use within the CG zoning district except bingo parlors, thereby resulting in bingo parlors not being a permitted or conditional use in any zoning district. The high impacts associated with the conditional uses of stadiums, arenas, race tracks and amusement parks warrant the conditional use approval process. Bingo parlors are associated with impacts that are significantly lower than an arena or amusement park and are comparable to arcade gaming and billiard parlor uses that are both permitted uses in the CG zoning district. Analysis summary: 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 ORDINANCE NO. 13-007 FILE NO.: TLDC-1120124570 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE BY AMENDING SECTION 3.01.02S — COMMERCIAL GENERAL ZONING DISTRICT TO ALLOW BINGO PARLORS AS A PERMITTED USE; 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, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. This Board is authorized by Section 125.01(1)(h), Florida Statutes to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and, 2. This Board is authorized by Section 125.01(1)(t) to adopt ordinances and resolutions necessary for the exercise of its powers and to prescribe fines and penalties for the violations of ordinances in accordance with law. 3. On August 1, 1990 the Board of County Commissioners of St. Lucie County Florida adopted the St. Lucie County Land Development Code. 4. The Board of County Commissioners has adopted certain amendments to the St. Lucie County Land Development Code, through the following Ordinances: 91-003 March 14, 1991 91-009 May 14, 1991 91-021 November 7, 1991 92-017 June 2, 1992 93-001 February 16, 1993 93-003 February 16, 1993 93-005 May 25, 1993 93-006 May 25, 1993 93-007 May 25, 1993 94-007 June 22, 1994 94-018 August 16, 1994 94-021 August 16, 1994 95-001 January 10, 1995 96-010 August 6, 1996 97-001 March 4, 1997 97-009 October 7, 1997 97-003 September 2, 1997 99-001 February 2, 1999 99-002 April 6, 1999 99-003 August 17, 1999 99-004 August 17. 1999 9-005 Julv 20. 1999 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 dJ Ordinance No. 13-007 File No.: TLDC - 1120124570 Page 2 04-007 April 20, 2004 04-033 December 7, 2005 05-001 March 15, 2005 05-003 August 2, 2005 05-004 August 2, 2005 05-007 January 18, 2005 05-013 November 8, 2005 05-016 August 16, 2005 05-023 September 20, 2005 06-005 April 18, 2006 06-013 June 6, 2006 06-022 July 18, 2006 06-017 May 30, 2006 06-018 May 30, 2006 06-030 September 12, 2006 06-047 December 5, 2006 07-011 February 6, 2007 07-015 May 1, 2007 07-018 December 18, 2007 07-032 November 6, 2007 07-041 September 4, 2007 08-004 March 11, 2008 08-008 June 17, 2008 08-012 September 12, 2008 08-025 September 14, 2008 09-003 January 20, 2009 09-007 September 1, 2009 09-012 May 19, 2009 09-013 May 5, 2009 09-025 October 6, 2009 10-003 February 2, 2010 10-026 September 7, 2010 10-034 November 9, 2010 10-036 December 21, 2010 11-005 February 1, 2011 11-012 August 2, 2011 11-015 April 19, 2011 11-017 June 21, 2011 11-021 August 2, 2011 12-002 March 20, 2012 12-003 May 15, 2012 12-004 February 7, 2012 12-008 March 20, 2012 12-010 February 14, 2012 12-014 October 3, 2012 12-013 December 4, 2012 5. Robert Rodriguez as an agent for Rio Arcade has initiated an amendment to the Land Development Code. 6. On January 17, 2013, the Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in the St. Lucie News Tribune at least 10 days prior to the hearing and recommended that the proposed ordinance be approved. 7. On February 19, 2013, this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the St. Lucie News Tribune at least 10 days in advance. 8. On March 5, 2013, this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in the St. Lucie News Tribune at least 10 days in advance. 9. The proposed amendment to the St. Lucie County Land Development Code is/is not consistent with the general purpose, goals, objectives and standards of the St. Lucie Cnunty Cmmnrehensive Plan and is in the hest interest of the health_ safetv and nublic 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 Ordinance No. 13-007 File No.: TLDC - 1120124570 Page 3 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: A. The specific amendment to the St. Lucie County Land Development Code to read as follows in underline format: Section 3.01.03 S. CG COMMERCIAL, GENERAL. 1. Purpose. <unchanged> 2. Permitted Uses: a. Adjustment/collection and credit reporting services. (732) b. Advertising. (731) c. Amphitheaters. (999) d. Amusements and recreation services - except stadiums, arenas, race tracks and amusement parks and binge parler-s. (79) 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. 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 provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property or circumstance. D. APPLICABILITY OF ORDINANCE This Ordinance shall be applicable in the unincorporated area of St. Lucie County. E. FILING WITH THE DEPARTMENT OF STATE 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 Ordinance No. 13-007 File No.: TLDC - 1120124570 Page 4 G. ADOPTION After motion and second. the vote on this Ordinance was as follows: Tod Mowery, Chairman XXX Frannie Hutchinson, Vice -Chair XXX Chris Dzadovsky, Commissioner XXX Paula Lewis, Commissioner XXX Kim Johnson, Commissioner XXX PASSED AND DULY ADOPTED this 5th day of March, 2013 ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney PS TREASURE COAST NEWSPAPERS a WedrOCTayFc1REWR .2013 a HB OEITUARIES N C F 2 ul w F y w 3 Z z Q cL = 2 J N O t1 O U N J m O N E C m m a`7 d a Bpi � U Q fit O N T C-4 X d N N m N E a z N a j p F Ul N_ p Q C n U Ruth Andrews Vero Beach Ruth P. Moulbabrodul Andrews, 93, died Jan. 16, member of ¢hide her Patricia of wood - memorial Floyd Antwine Vero Beach Floyd Eugene Antwine, 69. died Feb. 4.2013, at his home. He was born in Gaston, Tenn., and lived in Vero Beachforl2yeaa,m , fromlackmnville. He was a sesmm for Carnation and Nestle foods. Survivors include his brother, Steve Antwine of MUNGOLTecm. He Was tieI. death by NswifC, ➢renda Antwine and brothes, Johnny Antoine. Services: Services will be private ArraMparecuts are by vSttmnk Funeral Home d C story IT Vero Beach. A great book is available at www. atmnkfunerdhome.com. David Bickford Stuart David N. BlckfoN, 39, died Feb. 4, 2013, at his home. HewasbomInAStgcMm, MdnpandlindinStuart for 19 years. coming from PiDoM.. Maine. 9urvi elude his mroad- .ther, M erj COLD Connors of Stuart; re titer and father, James ad Jose Bickford of Pittston; brothers, JeRrey Bickford of Farmiogdde, Maine, Gregory I ickfod of Anicatc, Motor, ad James BICkfo d of Plus - fad Met.,; and Sister, ManeH BofHnllowe➢, Maine. ___1 --- ._ H ed i Re A ' d World War 11 with the Find Infan- vsh cry Dividon and p uoi of s the Pule Heart. HewasamemberofSL Joseph Catholic Church and also attended SLAn- drew Catholic Church, bothin Stuart. He taught aN at the Adult Learning Center, Stuart. He was A former mom bar of the Stuart Jensen Mks Lodge 1870 RPOR. Survivors Include his ofRonald Bucchvl Wilmington, Mass.; daughters, Donna Pyatt of Stuart and Sharon McGralUdind-wh- bomm, John BoTcl:ol Cf Agoura Hills, Calif.; there grandchildren; and two great grandchildren. He preceded In death by hia wife, Rase V. Hnevhmi. Memord lotheist cods maybemade sthehHas- Pita],ChIld501 ev'S It. Jude Hos- MLemIpMSTN39IV5,Pwwa w. Adjud,-, servlo . Visitation WIR be from 2 to 4 and 6 to 8p.m. Feb. 10 at the PC, eatHI➢s Funeral Homes Palm City Chapel With a _,.if Prayer ORE.' 'RED AMa..ofI ED,,an b_.., willbecelebrated at 10 a.m. Feb. ll atSt. Joseph Catholic Church. inter- ment will fellow in F., est Hills Memorial Park In Palm City with mili- tary honors provided by the Army. A CIA a k IS liable at ME ORR A _ thillspBimcity➢Orida.com MldlaelCass Fort Pierce Michael Cass. 54. died v h b Psis su Vale .at the v Kissimmee. A guest CSckid aevdldlic t w memgd . AlbertEggeman Vero Beach Albert Minot "Rote" Eggeman, 89, died Jan. 29,2013,at VNA/Hoaplce House in Vero Beach. Survivors include his He, Beverly Eggeman; daughters, Linda Egge- credSWayneofChariotte, N.C., and Gail Li2Rbelh Fggemnl of St P t burg James Baird Eggeman of Clearfield, Parry of Temts ranSusan d Jan Parry;o,savdeMldren; atg<anarMl- aran,reegreen Memorial conmade 1. the tions may be made fo the VIVA/Hospice House of lndiaa RivertooBeach, L 32960.Lane, Vero Beach, FL 960. Services: A memorial WoViCA will be at 11 a.m. Feb.BA theSLAD,am ice Of Canterbury Rpisnpal Church In Vero Beach with o recept ion to follow I. the Pariah Hall. A, rangementsarebyThom- as S. Lowther Funeral Home and Cmmatory in Vero Beach. A gmMmook vailableatwwwlowth- erforwocu max... wMaryForbes Fort Pierce Mary J. FCrbv, 91, died Jan. 31,2013, at Lawnwood Regional Medical Center Se Heart Institute To Fort Pierce. She was born n Onto- nagon, Mich., Rod E V ed a Fort Pierce 23years,Com- IngfrmnDetroit. Shew.DolvV REAR. She was a member of ST Mask the Evangelis- tic Catholic Church, Fort Pierce. snewasevetersanfihe m.kACorps. She was poor president ndmemberOftheAuxil- Iary at LawnwoOdRel➢oa- alMedicdCenter&Heart Institute. She volunteered for hospitals in Michigan and Florida and veto. teered at SI. Mark Catholic Church Than store. Survtvoaincludesns, Robot add Larry Forbes, brolheratN6edand Law sisters, Margaret and Donna; two grand- cbildWN; and three great grandchildren: site as preceded I. death by her husband, Robert P. Forbes; and brothers, Ed and Stanley 8mrdlelta. Serri TOM: A funeral Mass will be celebrate d at 10 a.m. Feb. 8 at St. Mark the Evangelistic Catholic Chunhi.FACPlerce.A mngemmto are by Yates Funeral Home and Cre- matory in Fort Pierce.A WWstbook las available at wr w.,roMeftnealhome. wDarellDurden Kissimmee %OiarlesGarrett UDa naAd 7.D012, Warrior Ala. 6y died Dec.hen 2y, 2012, at OF Charles MHe oe 292arrett. Lod, dies Jan.29, 2013, In Wa He was It... in Vero Warrior. Beach and lived in His- He was ham in Shelby simmee. CCvmy, Ala, and d He was a former auto to Waram inhou,coming bodyrepairman. from Vero Beach. He was an Army vet- `Heretimdfromtheaa- Anna Grover Sebastian Anna Grover, 92. died Feb.2,20U,attheConand ate RedWcare Centv,Vem Beach. She was born in Man- chestegCoan.,.mH,edin SAIMModanforl4years,cam- mgfromCollege PoRLN.Y. She was of the Catholic faith and A member of St. Sebastian Catholic Church I. Sebastian 'ITurvi -. vomInclude her n Kenneth F. Grover of Sebastian; daughter, Loretta Scheidemano of DeerfieMBeacb;ddv,Dor- olhy Bauer of Ocala; three meadchudremsevorm at - grandchildren; Rod two great -greats grandchildren. She a preceded in deathbyherh MIUM1,Frd Grover; brother, Joseph Slreng;and sister Marion Hlckis. services: A nuerecrial Masswulbe celebamd atlG m.DAPISMSe Sebastian CatholicChmAINAvange- meats am by Seawinde Funeral Home, Sebastian. A,motbodr IA.wailableat wtltaafh.rom. Santlnallazellief Fort Pierce Santini C. Hmalllef, 84, died Feb. 4, 2013. in Fort Pierce. she was boro in Noah Collins, N.Y., and lived in Fort Pierce for 68 years. She retired from First FedealS.ch,pana Loans. Shewmamembcrofthe Women's, Club, Welcome Wigan Alumni and hospi- tat 'friend ." She wasapzr&hioaerof SLMark Catholic Church. Survivors include her oo, Fngam J. HOuwIIW f of Fropher, darductJudiW An n Newell of Fmt Pierce, sisters, INETHO O'Dell of Fort Pierce sad Charlotte Moore of San Jose, Calif.; fear grandchildren: sad tour geare She was preceded in deatnbyherhusband Wd ter Hazeilie(: Sister Mary Am Stanley, and brother FactRandaro .err cos A service will luca,.m. Feb.8.04aidey FnoalH.,Agueatbook lableatwww.hddey- rrom home.com. Chides Helseth Vero Beach Charles W. Helseth, n, died Feb. S. 2013, at Indian River Medical Center Vero Beach. He was born in Vero Beach and was a lifelong moment He owned and operated Cn.VerF'^oebch (Mortgage Co He Makedl far n e Vero Beach Council on Aging add American Red Coons,, Vero Beach C he BE eq d was an v,ldpostersuo f the DEC. He w e guidance cou nselor ` _ fC�Navfjo ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA February 19,2013 NDBCE OF PROPOSED TIXr AMENDMENT ID THE (AND DEVELDPMENTIMI The BL War. County Boa. of Counlr Csered.lonera proposes To consider the adoption onhe mllowdo by o.hn-os: ORDINANCE NO. ELTS, AN ORDINANCE AMENDING THE ST. IUCIE COUNW "No DEVELOPMENT CODE BY AMENDING VERNON OCIC25 - COMMERCIAL GENERAL ZONING DISTRICT TO ALLOW BINGO MRMRS AS A PERMITTED Uh[ PROVIDING FOR CONNCPNG PROVISIONS, PROVIDING FOR BEVERAARM PROVIDING FOR APPUI 0100; PROVIDING TOR HUNG WITH THE DEPARTMENT OF STATE PROVmINGAN EFFECTIVE DATE: PROVIDING FOR ADOPTON;AND PROVIDING FOR CODIFICATION. APPLICANT:RmArt.e HUE NUMBER: MC 11 DRIMSM Peters.: Two M-Od anuo ua Lena Ganh......... MOM rinse ,adore as a DOMEea use in lM Come oml Gamut (IS) .not Tefin Thn RM o1 Ma PUBLIC HEARINGS oa Iris hem WO be bell in A.Commi"I'a Lodi:, Rose: Polka, Anne 3N Bence ST Too. County Adatidulas P.T.Hc 1. Musa Avenue FOR Nor, Honda on leatlry NO.., For Se15 E,MMMn0 M.O. am o[ as awn Ae:eaDneepanith. M twon d pnocce.11 be Sam an Opposes, to be Fact Parse Doessons ..NO' in abon a OF FU public McNg edl elm be ressassed. Vornes PMAODM Is be a-. o1 Loa., CennoiseiestrUhnid be renhed b/Ae Plenaigend Care ....I vory a Npstrot- Forsad DIM . at I ... 1I drys prior to Me she&lea Ream, The .as Na Is area.H. be W..m n Me Pandits and Dedopmmt Isom D.PmOeam - Does, elfin. Retied . Zile Viran. Arent, led Root Fart Nerea. Road. dcr, noun, Term —war Ple.n PA OR AGD., TOO UNAyI.H. Ryon Rrv..m 5anaons 0, aleis .1k ned afratednn 0claiepemon The Stlu[ia CounR'BoeN of Gun, CnmM.eimenh..Ae p^w.em,Maa.na,..Isn0.11111.1au vnAF Aenaren OIn,asied,. The prowdiac OF be .,am nl taus, Commnnomn M. e6mewc,Sy ee[oNed.. PURSUAM TO SECTION 260.0105. FlORIDA STATUTES, 9. I.e. artloaf mappe.I 11 de[:oa mad. by Ae..Ml of Co an, CnmMoors. WM ..,act ..a, : Berea nu meson Tues. o: Rss L he o: she neea 0 tmE uanl M. pm[na'nae f a, ah Name he ,,he My tired M.F.M. Mmar.:e.Rm eccoa of M...... a'.a,., ad'. shot No ON adudas to.atnony and wtl.nn.pm Which MR eppe OF 'e 10 e. based. Upon A. nsa.n m am pant In A. R.O.O., indir leaning data a Marano veal be weer In AW Play 1. Me IMDOO M will Is O.n.tl.1.11a.y. 1—ce.ine em lnaadd.ltody'"Dim. brad., 0'. rs'.' 11 a Ea.mas a.rens.a patiou nomn Pry be[ananued lama...... too ...w. Name W:A. dupe, used, ec[omewd.aona. a.m IN, IOM TOIFAR nova yIs,to Mammy m HIS 911. u,1oA Hills. I.M. BOARD OFCDU. MNMMIIIII 1 ST.WCIKOUNIY,RGRIDA Minor) MOWERCCIMIRMAN P UBUSR DATE:rebry rin'sol. NEW RULES FOR ALIMONY G fiI tied for ne has worked or Rod elf Mart Merearraall AAnd ehawantaalmony.cananeydm As My Fwdaa IaplelaNn manead me simony e.me elfeclNO Job 1. 2011. Now, Them ale b primary Minas OT When, 0 FOOD. Ae9ap for shoe lefm EdmFr"A esa than t rears duremn; Hl dntarkanl mmony far ioned. harroupso RE.M.- Z and 11 yews common); mon); permanent alimony for loop term reconea PD. Than 11 years deatan; nhabmlawe allmcny to AGENDA REQUEST ITEM NO. III-C DATE: 01/17/13 REGULAR PUBLIC HEARING (X) LEG. (X) QUASI -JD ( ) CONSENT () TO: PLANNING AND ZONING COMMISSION PRESENTED BY: Britton De Witt SUBMITTED BY: Planning and Development Services Senior Planner Department — Planning Division SUBJECT: Ordinance 13-007 - Land Development Code Text Amendment updating Section 3.01.02S to allow Bingo Parlors as a permitted use in the CG Zoning District. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Forward a recommendation of approval to the Board of County Commissioners for Ordinance 13-007 for a Text Amendment to the Land Development Code. COORDINATION/SIGNATURES County Attorney (X) McIntyreel S. M County Surveyor ( ) Ron Harris County Engineer ( ) ERD ( ) Michael Powley flrininnfinn r)onf / X) /7:5� Karen Smith Planning and Development Services Department Planning Division I i��iT�77_\►111Pt it TO: Planning and Zoning Commission THROUGH: Mark Satterlee, AICP, Planning & Development Services Director Kara Wood, Planning Manager FROM: Britton De Witt, Senior Planner , DATE: January 17, 2013 �/� SUBJECT: Ordinance 13-007 - Land Development Code Text Amendment updating Section 3.01.02S to allow Bingo Parlors as a permitted use in the CG Zoning District. ITEM NO. III-C Robert Rodriguez as an agent for Rio Arcade to the Land Development code to allow Bing General (CG) Zoning District. BACKGROUND: o has submitted an application for an amendment Parlors as a permitted use in the Commercial Bingo Parlors are categorized by the United States Department of Labor under "Amusements and Recreation Services" or Standard Industrial Code (SIC) 79. The St. Lucie County Land Development Code (LDC) lists amusements and recreation services as a permitted use in the CG zoning district with the exception of stadiums, arenas, race tracks, amusement parks and bingo parlors. All the exceptions are identified as a conditional use within the CG zoning district except bingo parlors, thereby resulting in bingo parlors not being a permitted or conditional use in any zoning district. The high impacts associated with the conditional uses of stadiums, arenas, race tracks and amusement parks warrant the conditional use approval process. Bingo parlors are associated with impacts that are significantly lower than an arena or amusement park and are comparable to arcade gaming and billiard parlor uses that are both permitted uses in the CG zoning district. Planning and Zoning Commission Ordinance 13-007: LDC Text Amendment January 17, 2013 Page 2 Land Development Code Section 3.01.03 — Zoning Districts S. CG Commercial, General Purpose. The purpose of this district is to provide and protect an environment suitable for a wide variety of commercial uses intended to serve a population over a large market area, which do not impose undesirable noise, vibration, odor, dust, or offensive effects on the surrounding area, together with such other uses as may be necessary to and compatible with general commercial surroundings. The number in "( )" following each identified use corresponds to the SIC Code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC Code but may be further defined in Section 2.00.00 of this Code. 2. Permitted Uses: a. Adjustment/collection and credit reporting services. (732) b. Advertising. (731) Conditional Uses: a. Adult establishments subject to requirements of Section 7.10.10. (999) b. Drinking places (alcoholic beverages) -free-standing. (5813) c. Disinfecting and pest control services. (7342) d Amusefnent,par,, (7996) e. Go-cart tracks. (7999) f. Hotels and motels. (701) g. Household goods warehousing and storage -mini -warehouses. (999) h. Marina - recreational boats only. (4493) I. Motor vehicle repair services - body repair. (753) j. Sporting and recreational camps. (7032) k. Liquor stores. (592) L, ,Stadiums ;aranas,°and racetracks: (794j' STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for an amendment to the Land Development Code, the Board of County Commissioners shall consider and make the following determinations: 1. Whether the proposed amendment is in conflict with any applicable portions of Planning and Zoning Commission Ordinance 13-007: LDC Text Amendment January 17, 2013 Page 3 parking standards of 10 spaces per 1,000 square feet or five spaces per 1,000 square feet if the bingo parlor is located in a commercial building in a unified site plan. 2. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; The analysis staff conducted indicates that amending the Land Development Code to allow bingo parlors as a permitted use in the CG zoning district is not in conflict with the goals, objectives and policies of the St. Lucie County Comprehensive Plan. Policy 1.1.8.5 outlines the provisions required for new commercial general property that are appropriate for accommodating bingo parlors as a permitted use. 3. Whether and the extent to which the proposed amendment is inconsistent with the existing and proposed land uses; The proposed amendment to the Land Development Code to allow bingo parlors as a permitted use in the CG zoning district would be compatible on all parcels with a Commercial Future Land Use designation. 4. Whether there have been changed conditions that require an amendment; The research that staff has conducted indicates that after publication of the 1990 version of the Land Development Code, it was departmental policy to process bingo parlors as a conditional use. In 1993, Bingo Madness was approved through the conditional use process. Through advances in technology over the past 20 years, electronic arcade gaming that is permitted in the CG zoning district under SIC 7933 includes digital or electronic bingo as one of the many gaming options. The proposed text amendment would in affect just be adding live bingo to the electronic bingo and arcade gaming already in place. The proposed amendment would also clear up the current discrepancy in the code on how to process and permit a bingo parlor thereby resulting in a clearer process for a small business wishing to open a bingo parlor establishment in St. Lucie County. 5. Whether and the extent to which the proposed amendment would result in demands on public facilities, and whether or to the extent to which the proposed amendment would exceed the capacity of such public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical facilities; Prior to obtaining a zoning use compliance needed to obtain a permit to operate a bingo parlor, the applicant must demonstrate that adequate public facilities are currently available at the nronosed location_ If the suhmittnl of a site elan is renuired imnacts to nuhlic facilities Planning and Zoning Commission Ordinance 13-007: LDC Text Amendment January 17, 2013 Page 4 7. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specifically identifying any negative effects of such patterns; Staff's analysis indicates that the proposed text amendment to the Land Development Code to allow bingo parlors as a permitted use in the CG zoning district would not result in in any negative effects on existing development patterns. The proposed text amendment does not propose to alter any development patterns but to update the LDC to be consistent with existing uses associated with the permitted use of arcade gaming. Furthermore, the LDC already identifies off-street parking standards for bingo parlors in Section 7.06.02. 8. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this code; The proposed amendment is not in conflict with the public interest and is in harmony with the purpose and intent of this code. Analysis summary: Staff's analysis indicates that the proposed text amendment to the Land Development Code to allow bingo parlors as a permitted use in the Commercial General (CG) zoning district is consistent with the Land Development Code and the St. Lucie County Comprehensive Plan. The amendment clears up the discrepancy in the LDC of how to process the bingo parlor use and would in affect be adding live bingo to the electronic bingo and arcade gaming already permitted in the CG zoning district. RECOMMENDATION: Forward a recommendation of approval to the Board of County Commissioners for Ordinance 13-007 for a Text Amendment to the Land Development Code. Attachments: • Land Development Code Section 3.01.03.S Zoning Districts - Commercial General • Department of Labor Standard Industrial Code for amusements and recreational services. • Draft Ordinance 13-007 Planning and Zoning Commission Ordinance 13-007: LDC Text Amendment January 17, 2013 Page 5 Suggested motion to recommend approval/denial of this request: MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION OF ST. LUCIE COUNTY RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVE THE PETITION OF RIO ARCADE, FOR A TEXT AMENDMENT TO THE LAND DEVELOPMENT CODE TO ALLOW BINGO PARLORS AS A PERMITTED USE IN THE COMMERCIAL GENERAL ZONING DISTRICT BECAUSE.... [CITE REASON(S) WHY - PLEASE BE SPECIFIC] MOTION TO DENY: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION OF ST. LUCIE COUNTY RECOMMEND 1>ra_i>i1:1_:1610 tole] I=K6111►Iwo .19 ItZ�]�K�11J►a'LK�]��iI��i16X9[�]►I :�yU ►1'1 THE PETITION OF RIO ARCADE, FOR A TEXT AMENDMENT TO THE LAND DEVELOPMENT CODE TO ALLOW BINGO PARLORS AS A PERMITTED USE IN THE COMMERCIAL GENERAL ZONING DISTRICT BECAUSE.... 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 nn ORDINANCE NO. 13-007 FILE NO.: TLDC-1120124570 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE BY AMENDING SECTION 3.01.02S — COMMERCIAL GENERAL ZONING DISTRICT TO ALLOW BINGO PARLORS AS A PERMITTED USE; 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, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: 1. This Board is authorized by Section 125.01(1)(h), Florida Statutes to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and, 2. This Board is authorized by Section 125.01(1)(t) to adopt ordinances and resolutions necessary for the exercise of its powers and to prescribe fines and penalties for the violations of ordinances in accordance with law. 3. On August 1, 1990 the Board of County Commissioners of St. Lucie County Florida adopted the St. Lucie County Land Development Code. 4. The Board of County Commissioners has adopted certain amendments to the St. Lucie County Land Development Code, through the following Ordinances: 91-003 March 14, 1991 91-009 May 14, 1991 91-021 November 7, 1991 92-017 June 2, 1992 93-001 February 16, 1993 93-003 February 16, 1993 93-005 May 25, 1993 93-006 May 25, 1993 93-007 May 25, 1993 94-007 June 22, 1994 94-018 August 16, 1994 94-021 August 16, 1994 95-001 January 10, 1995 96-010 August 6, 1996 97-001 March 4, 1997 97-009 October 7, 1997 97-003 September 2, 1997 99-001 February 2, 1999 99-002 April 6, 1999 99-003 August 17, 1999 00 nnA Aurvnc4 17 4QaQ a_nnF luly 90 4000 3 4 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 Ordinance No. 13-007 File No.: TLDC - 1120124570 Page 2 04-007 April 20, 2004 04-033 December 7, 2005 05-001 March 15, 2005 05-003 August 2, 2005 05-004 August 2, 2005 05-007 January 18, 2005 05-013 November 8, 2005 05-016 August 16, 2005 05-023 September 20, 2005 06-005 April 18, 2006 06-013 June 6, 2006 06-022 July 18, 2006 06-017 May 30, 2006 06-018 May 30, 2006 06-030 September 12, 2006 06-047 December 5, 2006 07-011 February 6, 2007 07-015 May 1, 2007 07-018 December 18, 2007 07-032 November 6, 2007 07-041 September 4, 2007 08-004 March 11, 2008 08-008 June 17, 2008 08-012 September 12, 2008 08-025 September 14, 2008 09-003 January 20, 2009 09-007 September 1, 2009 09-012 May 19, 2009 09-013 May 5, 2009 09-025 October 6, 2009 10-003 February 2, 2010 10-026 September 7, 2010 10-034 November 9, 2010 10-036 December 21, 2010 11-005 February 1, 2011 11-012 August 2, 2011 11-015 April 19, 2011 11-017 June 21, 2011 11-021 August 2, 2011 12-002 March 20, 2012 12-003 May 15, 2012 12-004 February 7, 2012 12-008 March 20, 2012 12-010 February 14, 2012 12-014 October 3, 2012 12-013 December 4, 2012 5. Robert Rodriguez as an agent for Rio Arcade has initiated an amendment to the Land Development Code. 6. On January 17, 2013, the Planning and Zoning Commission held a public hearing on the proposed ordinance after publishing notice in the St. Lucie News Tribune at least 10 days prior to the hearing and recommended that the proposed ordinance be approved/denied. On , 2013, this Board held its first public hearing on the proposed ordinance, after publishing a notice of such hearing in the St. Lucie News Tribune at least 10 days in advance. 8. On , 2013, this Board held its second public hearing on the proposed ordinance, after publishing a notice of such hearing in the St. Lucie News Tribune at least 10 days in advance. 9. The proposed amendment to the St. Lucie County Land Development Code is consistent with the general purpose, goals, objectives and standards of the St. Lucie County Comprehensive Plan and is in the best interest of the health, safety and public welfare of 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 a) Ordinance No. 13-007 File No.: TLDC - 1120124570 Page 3 NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: A. The specific amendment to the St. Lucie County Land Development Code to read as follows in underline format: Section 3.01.03 S. CG COMMERCIAL, GENERAL. 1. Purpose. <unchanged> 2. Permitted Uses: a. Adjustment/collection and credit reporting services. (732) b. Advertising. (731) c. Amphitheaters. (999) d. Amusements and recreation services - except stadiums, arenas, race tracks and amusement parks and biRggG ParI . (79) 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. 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 provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property or circumstance. D. APPLICABILITY OF ORDINANCE This Ordinance shall be applicable in the unincorporated area of St. Lucie County. E. FILING WITH THE DEPARTMENT OF STATE 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 Ordinance No. 13-007 File No.: TLDC - 1120124570 Page 4 G. ADOPTION After motion and second, the vote on this Ordinance was as follows: Tod Mowery, Chairman XXX Frannie Hutchinson, Vice -Chair XXX Chris Dzadovsky, Commissioner XXX Paula Lewis, Commissioner XXX Kim Johnson, Commissioner PASSED AND DULY ADOPTED this ATTEST: Deputy Clerk OW day, 2013 BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA ms Chairman APPROVED AS TO FORM AND CORRECTNESS: County Attorney Municode Page 17 of 111 S. Eating and drinking places (undistilled alcoholic beverages as an accessory to a restaurant). b. Postal services. (43) C. Solar energy systems, subject to the requirements of Section 7.10.28 CG COMMERCIAL, GENERAL. 1 Pur ose The ur ose of this district is to rovide and rotect an environment suitable 2. p p p p p for a wide variety of commercial uses intended to serve a population over a large market area, which do not impose undesirable noise, vibration, odor, dust, or offensive effects on the surrounding area, together with such other uses as may be necessary to and compatible with general commercial surroundings. The number in "( )" following each identified use corresponds to the SIC Code reference described in Section 3.01.02(B). The number 999 applies to a use not defined under the SIC Code but may be further defined in Section 2.00.00 of this Code. Permitted Uses: a. Adjustment/collection and credit reporting services. (732) b. Advertising. (731) C. Amphitheaters. (999) d. Amusements and recreation services - except stadiums, arenas, race tracks, amusement parks and bingo parlors. (79) e. Apparel and accessory stores. (56) f. Automobile dealers. (55) 9 Automotive rental, repairs and serv. (except body repairs). (751, 753, 754) h. Beauty and barber services. (723/724) i• Building materials, hardware and garden supply. (52) j Cleaning services. (7349) k. Commercial printing. (999) I Communications - except towers. (48) M. Computer programming, data processing and other computer serv. (737) n Contract construction serv. (office and interior storage only). (15/16/17) o Cultural activities and nature exhibitions. (999) P. Duplicating, mailing, commercial art/photo. and stenog. serv. (733) q. Eating places. (581) r• Educational services - except public schools. (82) S. Engineering, accounting, research, management and related services. (87) t Equipment rental and leasing services. (735) U. Executive, legislative, and judicial functions. (91/92/93/94/95/96/97) V. Farm labor and management services. (076) Municode Page 18 of 111 dd. Landscape and horticultural services. (078) ee. Laundry, cleaning and garment services. (721) f . Membership organizations - except for religious organizations as provided in Section 8.02.01(H) of this Code. (86) 99. Miscellaneous retail (see SIC Code Major Group 59): (1) Drug stores. (591) (2) Used merchandise stores. (593) (3) Sporting goods. (5941) (4) Book and stationary. (5942/5943) (5) Jewelry.(5944) (6) Hobby, toy and games. (5945) (7) Camera and photographic supplies. (5946) (8) Gifts, novelty and souvenir. (5947) (9) Luggage and leather goods. (5948) (10) Fabric and mill products. (5949) 01) Catalog, mail order and direct selling. (5961/5963) (12) Liquefied petroleum gas. (propane). (5984) (13) Florists. (5992) (14) Tobacco. (5993) (15) News dealers/newsstands. (5994) (16) Optical goods. (5995) (17) Misc. retail (See SIC Code for specific uses). (5999) hh. Miscellaneous personal services (see SIC Code Major Group 72): (1) Tax return services. (7291) (2) Misc. retail (See SIC Code for specific uses). (7299) ii. Miscellaneous business services (see SIC Code Major Group 73): (1) Detective, guard and armored car services. (7381) (2) Security system services. (7382) (3) News syndicate. (7383) (4) Photofinishing laboratories. (7384) (5) Business services - misc. (7389) jj Mobile home dealers. (527) kk. Mobile food vendors (eating places, fruits and vegetables -retail). (999) II. Motion pictures. (78) mm. Motor vehicle parking - commercial parking and vehicle storage. (752) nn. Museums, galleries and gardens. (84) Municode Page 19 of 111 Retail trade -indoor display and sales only, except as provided in Section 7.00.00. (999) vv. Social services: (1) Individual and family social services. (832/839) (2) Child care services. (835) (3) Job training and vocational rehabilitation services. (833) ` w Travel agencies. (4724) xx. Veterinary services. (074) 3. Lot Size Requirements. Lot size requirements shall be in accordance with Section 7,04,00 4 Dimensional Regulations. Dimensional requirements shall be in accordance with Section 7.04.00 5. Off -Street Parking and Loading Requirements. Off-street parking and loading requirements are subject to Section 7.06.00 6. Landscaping Requirements. Landscaping requirements are subject to Section 7.09.00 7. Conditional Uses: a. Adult establishments subject to requirements of Section 7.10.10. (999) b. Drinking places (alcoholic beverages) - free-standing. (5813) C. Disinfecting and pest control services. (7342) d. Amusement parks. (7996) e. Go-cart tracks. (7999) f. Hotels and motels. (701) 9 Household goods warehousing and storage -mini -warehouses. (999) h. Marina - recreational boats only. (4493) i• Motor vehicle repair services - body repair. (753) j Sporting and recreational camps. (7032) k Retail trade: (1) Liquor stores. (592) Stadiums, arenas, and race tracks. (794) M. Telecommunication towers - subject to the standards of Section 7,10.23. (999) 8. Accessory Uses. Accessory uses are subject to the requirements of Section 8.00.00, and include the following: a. Drinking places (alcoholic beverages as an accessory use to a restaurant and/or civic, social, and fraternal organizations). b. One (1) single-family dwelling unit contained within the commercial building, or a detached single-family dwelling or mobile home, (for on -site security ni i rnncas) JMWII5Ul '`URSSIec 131`mtmi:Ra9e Ng3Tetsre 'W Was this page hell & Health Administration We Can Help what's New 1 ofi;ms, Division I: Services Molar Group 79• Amusement And Recreation Sereices Industry Group 799: Miscellaneous Amusement And Recreation 7999 Amusement and Recreation Services, Not Elsewhere tlassme d Esmbgshm roam primarily engaged in the operation of sports, amusement, and recreation services, not elsewhere classified, such as bathing beaches, swimming pools, riding academies and schools, carnival operation, exposition operation, horse shows, picnic grounds operation, rental of rowboats and canoes, and shooting galleries. Establishments primanty engaged In showing or handling animals at shows or exhibitions are dass7ed in Agricultural Services, Industry Group 075. • Aerial tramways, amusement or scenic • Amusement concessions • Amusement rides • Animal shows in dreuses, fairs, and carnivals • Archery ranges, opeaton of • Astrologers • Baseball instruction schools • Basketball instruction schools • Bath houses, independently operated • Bathing beaches, public • Belling information services • Hillard parlors • Bingo parlors • Boat rental, pleasure • Boats, party fishing: operation of • Booties • Bookmakers, race . Bowling instruction . Bridge dub, nonmembership Bridge instruction . Cable fift amusement or smnio operated separately . Canoe rental Card rooms CamWal operation • Cave operation • Circus companies . Conmssion operators, amusement devices and rives • Day camps • Eshleman operation • Exemption operation . Fairs, agricultural: opemtion of • Fireworks display service • Fishing piers ant lakes, operation of • Fortune tellers • Gambling establishments not primarily operating min -operated • Racquetball courts, except membership clubs • Gambling machines, except coin -operated operation of . Rental of beach chairs and acco a.. • Game parlors, except min -operated . Rental of bicycles • Games, teaching of • Rental of golf carts • Gacart raceway operation • Renal of rowboats and canes • Gocart rentals • Rental of saddle huree. • Galfcourses, miniature operation of • Riding academies and schools • Golf driving ranges . Riding stables • Golf professionals not operating retail stores • River rafting, operation of • Golf, pitch-n-putt • Rodeo animal rental • Gymnastics instruction • amlma , operates of . Handball courts, except membership club . Roller skating rink operation • Hares, shows • scenic railroads for amusement • Schools and camps, sports instructional • Houseboat rentals • Scuba and skin drying Instruction • Hunting guides • Shooting galleries • Ice skating rink operation . Shooting ranges, operation of • Judo instruction • Skating instruction, fin or roller • Karate instruction • Skeetchooting facilities, except membership clubs • Lifeguard service • Ski lostrudlon • Lotteries, operation of • Ski lifts, cable lifts, and ski cows operated separately from lodges • Lottery club and ticket sales to Individuals • Ski rental concessions . Moped rental . Slot -car racetracks • Motorcyda rental • Sporting goods rental • Natural worefers, tourist attraction: commercial • Sports instructors, professional: golf, siding, swimming, etc. • Observation tower operation • Sports professionals • Off-track betting • Swimming instruction • Pack trains for amusement . Swimming pools, except membership • Parachute training for pleasure • Tennis dubs, nonmembership • Tennis courts, outdoor and indoor operation of, nonmembership • Phrenologists . Terms professionals • Picnic grounds operation . Ticket sales offices for sporting evame,contract • Ping pong parlors • Tourist attractions, natural wonder commercial • Poal parlors . Tourist guides • Trampoline operation • Trapshoeting facilities, except membership club Industry Group 799: Miscellaneous Amusement And Recreation • WaterslMes,operabon of . Wave pools, operation of 7993 Coin -Operated Amusement Devices • Wax figure exhibitions . vogainsWction ST. LUCIE COUNTY Planning & Development Services Department Planning Division 2300 Virginia Avenue, Ft. Pierce, FL 34982 Office: 772-462-2822 — Fax: 772-462-1581 http://www.stlucieco.or,q/planning/planning.htm DEVELOPMENT APPLICATION Prior to submittal, all applications require a pre -application conference. Please contact the Planning Division to schedule an appointment. Submittal Tvve [check each that applies Site Plan Rezoning' ❑ Major Site Plan ❑ Rezoning (straight rezoning) ❑ Minor Site Plan ❑ Rezoning (includes PUD/PNRD/PMUD) ❑ Major Adjustment to Major Site Plan ❑ Rezoning with Plan Amendment ❑ Major Adjustment to Minor Site Plan Comprehensive Plan Amendment ° ❑ Major Adjustment to PUD/PNRD/PMUD ❑ Future Land Use Map Change ❑ Minor Adjustment to Major Site Plan ❑ Comprehensive Plan Text Amendment ❑ Minor Adjustment to Minor Site Plan ❑ Minor Adjustment to PUD/PNRD/PMUD Planned Development ❑ Planned Town or Village (PTV) ❑ Planned Country Subdivision (PCS) ❑ Planned Retail Workplace (PRW) . ❑ Prelim. Planned Unit Develop. (PUD) ❑ Prelim. Planned Mixed Use Develop. (PMUD) ❑ Prelim. Planned Non -Res. Develop. (PNRD) ❑ Final Planned Unit Develop. (PUD) ❑ Final Planned Mixed Use Develop. (PMUD) ❑ Final Planned Non -Res. Develop. (PNRD) Conditional Use' ❑ Conditional Use ❑ Major Adjustment to a Conditional Use ❑ Minor Adjustment to a Conditional Use Variance 2 ❑ Administrative Variance ❑ Variance ❑ Variance to Coastal Setback Line Other ❑ Administrative Relief ❑ Class A Mobile Homes ❑ Developer Agreement (Submit per LDC 11.08.03) ❑ Power Generation Plants ❑ Extension to Development Order ❑ Historical Designation/Change' j'Land Development Code Text Amendment' ❑ Plat ❑ Post Development Order Change ❑ R&Submittal # e o Shoreline Variance o Stewardships — Sending/Receiving ❑ Telecom Tower (Submit per LDC 7.10.23) ❑ . Transfer. of Development Rights ❑ Waiver to. LDC/Comp. Plan Requirements' o Appeal of. Decision by Administrative Official70 Application Supplement Packages 1. Conditional Use 5. Class A Mobile Home 9. Waiver to LDC/Comp. Plan 2. Variance 6. Historical Designation/Change Requirements q P2amnninn / 7nninn Atl�Q An nrl 7 1 r1C T.v+ Am.MA cn4 11) Ann ] .,f rlcnle lr,., k.. FEE CALCULATION WORKSHEET SITE DEVELOPMENT PLANS — Plannina Division Application Type: LpC 1 'I tt tnQ.ULA. Supplemental Application Package No.: (Please provide separate fee calculation worksheet for each application type) ❑ BASE REVIEW FEE: $ 1-�5 50 (A) ❑ CONCURRENCY FEE: $ A ❑ ERD REVIEW FEE: $ (C) � h U ❑ UTILITIES $ ❑ PER ACREAGE CHARGE: $ (D) ❑ RESUBMITTAL FEE: (if applicable) $ (E) ❑ OTHER $ SUBTOTAL OF BASIC FEES ❑ PRE -APPLICATION MEETING FEE: (F) Receipt No. of Payment: Date of Pre App: BALANCE OF FEES DUE: $() deduction SEPARATE CHECK FOR TRAFFIC IMPACT STUDY — Ordinance No. 06-047; amending Chapter 5.11.01 of the St. Lucie County Land Development Code ❑ $950.00 —Methodology Meeting (H) (If Applicable) • Additional fees will be due if a Td party traffic study review is needed. These services will be invoiced to applicant upon receipt of quote of services from 34 party. • Please note: For all projects requiring public notice, you will be invoiced by St. Lucie County Planning Division. Refer to "Public Procedures". • Other fees may be applicable by other external reviewing agencies; i.e. Fire District and proof of payment will be required prior to project approval. Pre -Application Meeting Request Name i: :or office:useonlvY` ' of SPECIAL NOTICE (PLEASE READ BEFORE SIGNING ACKNOWLEDGMENTS BELOW) Submission of this application does not constitute the granting of approval. All appropriate requirements must be met prior to this project being presented for approval to the appropriate authority. St. Lucie County reserves the right to request additional information to ensure a complete review of this project. ACKNOWLEDGMENTS Applicant Information (Property Developer): Anent Information: Business Name: Business Name:A r Name: Name: doe✓Ir�r�yz Address: Address: (,(4c1 5 • US L w q �A- `��•�✓a- .5-`..lure � �L ��� (Please use an address that can accept overnight (Please use an address that can accept overnight packages) packages) Phone: Phone: —Ia Fax: Fax: Email: Email:y\A,d \A \9L-@ MS✓1 . e aM Please note: both applicant and agent will receive all official correspondence on this project. Property Owner Information This application and any application supplement will not be considered complete without the notarized signature of all property owners of record, which shall serve as an acknowledgment of the submittal of this application for approval. The property owner's signature below shall also serve as authorization for the above applicant or agent to act on behalf of said property owner. Property Owner Signature Property Owner Name (i nntea) Mailing Address: STATE OF , COUNTY OF Phone: If more than one owner, please submit additional pages The foregoing instrument was acknowledged before me this day of 20 by who is personally known to me or who has produced Supplement 7 LDC Text Amendment Application Supplement Refer to Land Development Code (LDC) Section 11.06.00 for details 1, If you are requesting an amendment to the text of the LDC, the precise wording of any proposed amendment to the text shall be provided: S. , 1 2;. Please give a statement describing any changed conditions that would justify an amendment: 3. Please give a statement describing why there is a need for the proposed amendment; 4, Please give a statement describing whether and how the proposed amendment conforms to the St. Lucie County Comprehensive Plan: i'74SrY"tR'Yd 1.: rn �nC � 5. Please give a statement outlining the extent to which the proposed amendment: A) Is compatible with existing land uses; Supplement 7 B) Affects the capacities of public facilities, including but not limited to transportation facilities, sewage facilities, water supply, parks, drainage, schools, solid waste, mass transit, and emergency medical facilities; (Would it exceed the capacity of the above public facilities?) C) Affects the natural environment; (if no adverse impacts are anticipated, please explain why.) D) Will result in an orderly and logical development pattern; (Identify any negative effects;) 6, Please explain the applicant's interest in thesubject; amendment and how it affects their property; 7, Please include such other information or documentationas the Planning& Development Services Director may deem necessary or appropriate_ to a full and proper consideration and disposition of this particular application. 'Q 1, Please Note; This LDC TextAmendment Application Supplement will not be considered cBPPS TREASURE COAST NEWSPAPERS aThursdaylanuary3,2013 a SB OBITUARIES LL N O m m N O N N N c m ro a o Z O ern o aa'i a) E a) Z E o Z O to Ou 0 Q c in U to e to h+6 vasers n p n 0 M (� a �Q 0 m %GeorgeBrox Hobe Sound Geargec.•Ch loB TE,dledjaal, 2ol3 tin Tan awre Great H p Residmce,Stuazt He was been in Marl- boro, MN,, and lived in Hobe Sound for 12 years, mingfmmGrenceLen- cena,N.H. Before relining, he was the ice president'( .,oxladus- tdcalne. F N. He 'Rel- vated with bachelor of arts at x Middlebury e,afload ads x1ros mastero, form s admill oation from al- H Hen College. He was a Coast GuaN ter. n. He was a member of St. Christopher Catholic Church, agaINHobo S -here ol- unteerf HigHmlMrumb SHtem aMarlineCcMer HotTleas dINDAveenter hail TM {Vote Doves; and Sc toredinlheElementry Sure Survirom include We Te of32years, d.,hteoa MHobesBoost of Fellers: Meanie Brro of Federal Way, Wash.ndar,o and jesaca Uhappm n f Goudhua, Imgland;Eeother Steven Hrmo(Maalwarear•Mass.; ahterNorthAmLovand, Arms. s. North Chumsfmd, Mass. d Marilyn Hager Strom of Venice; andsix Bound - Mlem,. Mbe male to the Ter ons maybe made t9 the 1201 re Coast Hospice sm. SE. t,14.3an stre7,woSt,atu- arr,aaA Asvwwichos- �S�ea A memorial Md. will be celebrated at IF am.fae.4alSt. Getis- topher Catholic Church, Hobe Sound. A eeption Will follow. BUrizi will be msomhAoad Cemakryh Belmont N.H., undo the dieetion of VolWonsan- Heane Pummel He— la Cannabis, N.H. I'ca ar- range ..t dr byM hn Deeiaxome&cremam ry/Stuart ChoppeLAproN book Is available at www. heavocalled.ommwtow. marlin-herai.c'm. WesseyColeman Fort Pierce WesseylhemCdeman, 60, died Dec. 22, 2012, at IswnwoodRegionaMed- ca Center &Heart msli- tute,PortPierce. Shew.booin Winter Haven and lived in Fort Pierce for 45 From, ming Tom nor bhthpiace. She was A home- maker. She t- temed me I.M. schools in St. Lucie County and was mem- BVffitLMarkMLssaaory HaptBtChurch. Survivors include her bmsband,john Colemoof braffItawara:deFortu,Shat- baWiWamsMFdleyBORA O'WintterHavenmrBryan (WinteryormoMmthe., DaNdnmyttanmadStar- osBr DmylonPadStm- ey Bryan Jr.,bmh aflake aAH)m,tme.17 Pierce Ed was A ,fe- P 4 d S fFto, rt Pierce. at- t re d ad theabask, schools and Le ten Hiv- Fannie Mae Crenshaw FortPleNte Panate Mae Crenshaw, 95, died Dec. 2A 2012, at her scam. Sbe was barn w Perry, Ga., and was a longtime reddentefstLucieCoun- ty. She retired As a grader from St. Lucie Packing. She w mbar of St Mark Mission- ary Hapflvt Church Survi_ elude her sistersJunior DUM1 f New YmFoAsiaste t f aamaaaaed Aam st of 1orda serv,ex Viulat II be from 4 to Far 4 t New Allen Tempt AM➢ Church he Hobe Smmd. A service will be at 1 p.m. Jan.SattMchurch.Burial well be in New York. Ar- nneent. are by Store Brod(ham Fu erat Home andchapelh Port Pierce Aguniboo1,18-allableat ornewsmvebrosnaismam- Martha Fish Sebastian Martha E. Fish, 81, died Dec.25,202,at Sebastian River Medical .Center, Roseland. She was bum I. Cold Spring, N.Y., and lived In Sebestianforl3years,rom- mgfiomWanembm6N.Y. She was as a haW:m In the finn- mal Forms to, Pad, recently, , / Vincent de Paul Thrift Seorz. Wa- Dallaslacobslr. Sebastian I H 11 M h in be y bf his retirement 1 lead H reread at Mee RULT o, at Heard - son H'spi- Nedralenkins in Fort Pierce J.Crenshaw Dallas F. Jacobs Jr. 79, f Port Pierce; daughters, died Jan. 1, 2013, at Sebu- LiedaCrenshawmad Mar- tuv➢iver, Medical Center, she Gail Crenshaw, both Reaelend ofFortpimce,and Uegina He w ie Nancy Cmnahaer. Byrdjborn Vet' B brothersNew or Veto Fcagwanothersand Jlmany ( s,prom lived 1. di�stmabEthel Bmwo1eaadtan for 20 Mary Coleman, both ofFort Pierce, aml F]ma Hen mg from of Syracuse, N.Y.; eight Westfield, Grandchildren; and 14 N.J geaFgmadcMidma. Before retirement, he She preceded I. n tool and dye maker Warne death by fie, Pon, tVi"N I. ....Carter!., to - Crenshaw jr.; daughter, duslry. Noma Crenshaw broth- Survivors include his e.,Lyan RagimjimRagin es, Dallas R Jacobs 111 anrGawmce Ragimanda NTowson, Md., Scott E. aisler,GeorgiaMea Rre,ho jambsofRancho SanmFe, Servlcez Visitation will CALIF., and Tbdd H. Jacobs be faro 3 to 2p.m. Jan. 4 of Clark, N.J.; daughter, at Stone Brothers Foretell KimbedyL.Jewbs-Leltiui Homeh urtPhern Asa- of Fanwood, N.J.; sister Ncewillbealllx.m jae.6 lffl a Faust of Sebastian; ataLMarkMisMonvyBap btofn.,PaW]accbartPatt tat Chrm,1 Forl Pierre. O,ang6 N.j.; and eight Hudal will follow to Fine RON"Ll" carve cemetery. AguuF Memmtalontributlons book in available at svww. may be made to the VNA/ MsfumralMme dens. arm. VeRAi RaPIC 32960,hst. VemHeaek FL32960. PeleDeSauza ar heduledattime sec ices: No hist NedmAnnejenkins,60, diedDec24,2MAGLawrc wood Regional Medical Center & Heart Ins➢tole Report Pierce. She was Wm in Fort Piierce and was a W long sidentofFort Pierce. She wasahomemaker. Sne attended 11m meals hools amdgradu- ated tom ,. Indian RiverstAe College Adult Schools With her GED. Survivoa Include her Ihrkey Lar®- so war ervell nt.rekgjen- ktas, all of Dr.Rene: doughtera,Sh.MvdaJen- khs,Eva enking Timikia Kelly an 'hyneekia Jord khs, sU ofPmlplerceand PamFVA AdNEoMvvhN- ter, N.Y.; brother, Former NFort Pierce, zlkh s okras of Port St. Cache zed Sam jevMes of Housion;saterv,Atert Tid Jenkins of Net St. La e Na[JiajmadnsofPort Pierce; 14 Grandchildren; d two great-Wondebit- Am . She was preceded in death by her father, Na- thaniel Jenkins; mother, Annie Porter; sister, Ella DEANNA BROWN 0"T's drown. Tl, r orrell oT st, Pierce, died oecember3g3oR. She Is surelved by her WauOhtir Gas an r Diane Jenkins; and broth- Bernadette Luc s NmhmNI c.ldN r. wilt Haines City servers: Visitation be from 3 to 2 p.m. Jr..Bernadette Luc, 38, 4 ad 9to 11 amTax 5 a1 died Dec. 19 2012 t S bkMemmlaGn,V.A Health Central Hospital, celebration of Up, will be at Ocoee. onjan.smVeiceoftkmh She Was borninPort- TabernacletoFort Pierce. au -Prince, Haiti, and A guddfl mk in available at lived in Fort Pierce and wwwsamhsmemoaia.com. Haines City. She was, member of Wohnl(usko Church of God by Faith, Fort Pierce Barnes City. John E. ed Survi_ Dee.29,2o2ua(Lownwotnd - RegionalMedlcalCemer& elude her Head He, was been iv ha.. Sophony N.Y., and lived in Fort R'ndil, Piemefoteightyeain, Coro- -=_3� Saunyae ingfmm Pamhegue,N.Y. Rondll, Before m6remenh he Sauteed sapgceofic,rfixSf EARTH, Saubaaa Roudil folk County, N.Y., for 20 and Sergio Brad% all yea.. of Fort Pierce; compao- He served in the Air Ion, Saube RondilofFort Force during the Vietnam Pierce, mother, Yolete War. sindeonoTmithIrmthe., HewasamembeofThe P.M.YLucofWauch Cressings Church in Fort ula and Jean Rooseaceig Pierce, where he anion- Seals and Charlemagme teerMinvariouspmgrams Luc, both of Haiti; and Including We Food Pantry. sister, Maria -Nicole Seal He was a member of the aSHAti. PBAmLovgBlmd,NY. She was preceded to Survivors include his death by her father, jean wife,Aegela Kuske'fFort Bernard File. Pierce; daughters, Barbara services: Visitation McM.... f Mastic, N.Y., ill be farm 3to 6 p.m. Diana Kuskoef New Yd,k, jAU3at S..h's Memorial N.Y.; stepeous, Michael Chapel.A Celebration of Laomeand Rick LmondA life SAW be a19 a.m. Jan. both of Selves, N.Y.; and 4 at Independent Hai- twogfmd<lalki tiro Assembly of God, Servles: A statistics Fort Pierce. Burial will will be from l to 2 p.m. Jan, beinRiverview Meme- 3With aservicetofollow a sal Park. A guestbook is 2 pm. at Aycock Funeral available at amPb772@ Home in Fort Pierce. A benwttn.net. guealhook is available at www.ayN[k-hWMStfnm. arnmH MFUM.B ST. LUCIE COUNTY PLANNING AND ZONING COMMISSION PUBLIC HEARING AGENDA January 17, 2013 NOTICE OF PROPOSED TEXT AMENDMENT TO THE LAND DEVELOPMENT CODE The St. Lusts County Planning and toning Commission is AN ORDINANCE AMENDING HIE GL LUCIE COUNTY LAND DEVELOPMENT CODE BY AMENDING SECTION 3.0I.D29 - COMMERCIAL GENERAL ZONING DISTRICT To ALLOW BINGO PARLORS AS A PERMITTED GSF PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SUMBIUW, PROVIOING FOR APPLICABILITY: PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION: AND PROVIDING FOR CODIFICATION. PPHGANT:RIo Arseds ILE NUMBER: HDC 11201245YO URPOSE: Teat amerdmenl to tie land 0evelopmant Code lbwbingo panorama perst use in Its CommensalGann '(da nhgdMlkt. IN PaRed, antl Zonitp Commiselnn PUBLIC HEARING on th am antl be hald In Me Commission Ckmban, Roar, Pella Am Srd Rod, St. Luria Dmady Administration BAR, 300 ViLdne Are., Fad Plan., FInw. an]Dmrday Janus 1. 20IRbeglnn1q at 6'00 a, o, as iadd thdRaft,O posiN 111.1... led persons will be given ea oppoaurvry W be haan I61ten comments Praised in advance of IN public hearing w an bcwmidered.Wltan mmmenis to the Pand.,md Zonis ommission should 60 umhad bytho Panting and Development rvics Derailment - Handep Ohision at least 3 days prior is scheduled headog. The patlkm tits 4 ovelable(at new,i e, Pannino and (Boahmment Servles Woodsenl - Paolo TO: SUBMITTED BY: SUBJECT: AGENDA REQUEST BOARD OF COUNTY COMMISSIONERS Planning and Development Services Department - Planning Division lkt4linee�v/IEA DATE: 03/05/13 REGULAR () PUBLIC HEARING (X) LEG. (X) QUASI -JD ( ) CONSENT ( ) Britton Wilson Senior Plannw Ordinance 13-002 (FKA 12-019) — Future Land Use Map Amendment (FLUMA) to Conservation Public (CPUB) for 102 County -owned parcels. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: October 23, 2012 — The Board of County Commissioners approved transmittal to the State Department of Economic Opportunity. September 27, 2012 — The Planning and Zoning Commission unanimously recommended approval. Board approval of Ordinance 13-002 (FKA 12-019) for a change in Future Land Use to Conservation Public (CPUB) for 102 County -owned parcels. COMMISSION ACTION: ( ) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA County Administrator, ICMA-CM COORDINATION/SIGNATURES Planning and Development Services Department Planning Division MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Planning & Development Services Director Leslie Olson, Planning Manager FROM: Britton Wilson, Senior Planner DATE: March 5, 2013 SUBJECT: Ordinance 13-002 (FKA 12-019) — Future Land Use Map Amendment (FLUMA) to Conservation Public (CPUB) for 102 County -owned parcels. ITEM NO. VII-B This is the adoption hearing for a County -initiated large-scale amendment to the Future Land Use Map for 102 parcels totaling approximately 2,190.71 acres of public property to the Conservation Public (CPUB) Future Land Use designation. Staff has received no objections to the proposed amendments from the State Department of Economic Opportunity, surrounding jurisdictions or governmental agencies. BACKGROUND: In 2002, amendments to the County's Future Land Use Map were processed in conformance with a grant awarded to the County by the Florida Communities Trust (FCT) program. The FCT program assists communities in protecting important natural resources and providing recreational opportunities through the Parks and Open Space Florida Forever Grant Program. These local land acquisition grant programs provide funding to local governments to acquire land for parks, open space and greenways. The source of funding for FCT comes from Florida Forever proceeds. Once land is acquired through a FCT grant, one of the obligations of the grantee is to change the Future Land Use designation to a category dedicated to open space and conservation such as Conservation Public or CPUB. Since 2002, the County has continued to acquire land through FCT grants and is proposing to change the Future Land Use designation for parcels acquired with this grant program to CPUB. Attached to this memo as "Exhibit A" of Ordinance 13-002 (FKA 12-019) is a spreadsheet and map identifying the Board of County Commissioners CPUB FLUMA Ord. 13-002 March 5, 2012 Page 2 RECOMMENDATION: Board approval of Ordinance 13-002 (FKA 12-019) for a change in Future Land Use to Conservation Public (CPUB) for 102 County -owned parcels. Attachments: Ordinance 13-002 containing a spreadsheet identifying the County owned parcels to be amended to CPUB Future Land Use designation with an associated map geographically depicting the parcels' locations. 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 ORDINANCE NO. 13-002 FKA 12-019 FILE NO.: FLUMA - 820124544 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, TO AMEND THE ADOPTED COMPREHENSIVE PLAN FUTURE LAND USE MAP FOR 102 PARCELS OF LAND OWNED BY ST. LUCIE COUNTY, TO CPUB (CONSERVATION PUBLIC); PROVIDING FINDINGS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF STATE; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR ADOPTION. 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: St. Lucie County has initiated amendments to the Future Land Use Map for 102 parcels totaling 2,190.71 acres (M.O.L.) of public property to the Conservation Public (CPUB) Future Land Use designation consistent with the intended use of the public properties and Chapter 163, Florida Statutes; and 2. The Board of County Commissioners of St. Lucie County as the governing body of St. Lucie County having jurisdiction over this application pursuant to Chapter 163, Florida Statutes, is authorized and empowered to consider amendments to the adopted Comprehensive Plan of St. Lucie County; and 3. On September 27, 2012, the St. Lucie County Planning and Zoning Commission/Local Planning Agency held a public hearing, of which due notice was published in the St. Lucie News Tribune, and recommended to the Board of County Commissioners that the petition for Future Land Use Map Amendments be approved; and 4. On October 23, 2012 the Board of County Commissioners of St. Lucie County, Florida held the first of two required public hearing, of which due notice was placed in the St. Lucie News Tribune and approved transmittal to the Department of Economic Opportunity; and 5. On March 5, 2013, the Board of County Commissioners of St. Lucie County, Florida held a public hearing, of which due notice was placed in the St. Lucie News Tribune, 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 Al Ordinance No. 13-002 File No.: FLUMA-820124544 Page 2 A. AMENDMENT TO FUTURE LAND USE DESIGNATION The Future Land Use Designation set forth in the St. Lucie County Comprehensive Plan for the property described in Exhibit "A," attached hereto, containing 102 parcels totaling 2,190.71 acres of public property to the Conservation Public (CPUB) Future Land Use designation. B. FINDING OF CONSISTENCY The Board of County Commissioners of St. Lucie County, Florida, specifically determines that the approval of this amendment to the adopted Comprehensive Plan Future Land Use Element is internally consistent with the goals, objectives and policies contained in the St. Lucie County Comprehensive Plan and provides for the recognition that impacts of this approval on the public facilities of St. Lucie County will not occur until such time as a Final Development Order for development on this property is issued. C. CHANGE TO FUTURE LAND USE MAP The St. Lucie County Planning and Development Services Director is hereby authorized and directed to cause this change to be made in the Future Land Use Map of the Future Land Use Element of the St. Lucie County Comprehensive Plan and to make notation of reference to the date of adoption of this Ordinance. D. 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. 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 provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property or circumstance. APPLICABILITY OF ORDINANCE This Ordinance shall be applicable as stated in Paragraphs A, B and C. G. FILING WITH THE DEPARTMENT OF STATE 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 Ordinance No. 13-002 File No.: FLUMA-820124544 Page 3 EFFECTIVE DATE This Ordinance shall take effect thirty-one (31) days after adoption. If the Ordinance is challenged within thirty (30) days after adoption, the Ordinance shall not be effective until the State Land Planning Agency or Administration Commission respectively issues a final order finding the adopted amendment in compliance in accordance with Section 163.3184(10), Florida Statutes. J. ADOPTION After motion and second, the vote on this Ordinance was as follows: Tod Mowery, Chairman XXX Frannie Hutchinson, Vice -Chair XXX Chris Dzadovsky, Commissioner XXX Paula Lewis, Commissioner XXX Kim Johnson, Commissioner XXX PASSED AND DULY ADOPTED this 5Th day of March, 2013. ATTEST Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA m Chairman APPROVED AS TO FORM AND CORRECTNESS County Attorney Exhibit "A" Legal Descriptions & Land Use Maps 10 11 12 13 14 15 16 17 Ordinance No. 13-002 File No.: FLUMA-820124544 Page 4 FLU Map -Area Parcel lD jm Description Acre 1-1 1103-211-0001-0004 3 34 37 FROM SE COR OF SEC RUN WALG S LI OF SEC 3360.65 FT FOR POB, TH CONT W AUG SO S LI 237.10 623.40FT TO NELY R/W SUNSHINE STATE PARKWAY, TH N 51 DEG 23 MIN 11 W ALG 5D NELY R/W 1647.58 FT TO W LI OF SEC, TH N ALG SD W LI 4178.59 FT TO NW COR OF SEC, TH EALG N LI OF SEC 2099 FT M/L, TH S02 DEG 18 MIN 37 SEC W 5405 FT MIL TO POB 1-2 1110-212-0001-0009 10 34 37 FROM NE CDR OF SEC RUN W ALG N LI OF SO SEC 3360.65 FT FOR POB, TH CONT W ALG SD N LI 3.89 623.40 FT TO NELY R/W SUNSHINE STATE PARKWAY, TH S 51 DEG 24 MIN38 SEC E ALG SD NELY R/W 78 FT, TH N 02 DEG 18 MIN 37 SEC E 484.SO FT M/L TO FOR 2-3 1311-210-0000-0003 1134 39 NE 1/4 OF NW 1/4 (1) 40.86 2-4 1311-230-0000-000S 1134 39 SW 1/4 OF NW 1/4-LESS W95 FT FOR RD AND CANAL R/W 37.80 2-5 1311-240-0000-0006 1134 39 SE 1/4 OF NW 1/4 40.53 3-6 1313-502-0001-OD02 HOLIDAY PINES S/D-PHASE III- TRACTG 8.99 3-7 1313-502-0001-0105 HOLIDAY PINES S/D-PHASE IF TRACT 0.53 4-9 1414-340-0004-0007 14 34 40 N 400 FT OF S 800 FT OF GOVT LOT 3 LYG W OF A1A-LESS THAT PART ASSD IN QUEENS ISLAND 8.06 PRESERVE(PB 60-4) 4-10 1414-340-OD06-0001 14 34 40 N 200 FT OF S 400 FT OF GOV LOT 3 LYG W OF AlA-LESS THAT PART ASSD IN QUEENS ISLAND 5.44 PRESERVE(PB 60-4) 5-11 1417-122-0004-0006 173440THAT PART OF NW 1/4 OF NE 1/4 LYG BTWN FEC BRAND OLD DIXIE HWY-LESS TO SCHOOL 1.10 �5-lla 1417-131-0001-0003 17 34 40 THAT PART OF S 1/2 OF NE 1/4 LYG BTWN FEC RR AND OLD DIXIE HWY-LESS SLY 800 FT 0.83 5-11b 1417-134-0002-0009 17 34 40 FROM NE COR OF N 775 FTOF S 800 FT OF THAT PART OF NE 1/4 LYG BTWN OLD DIXIE HWY 0.01 AND US 1, RUN E 32 FTTO E R/W OF OLD DIXIE HWY FOR POB, TH RUN SELY ALG E R/W 2457 FT, TH RUN E 4 FT, TH N W LY ALG W R/W OF FEC RR 2415 FT TO A PT 93 FT DUE E OF FOR, TH W 93 FT TO POB- LESS N 775FT AND LESS THAT PART LYG WITHIN INDRIO UNIT ONE AS IN PB S-42 5-12 1417-132-OD01-0006 117 34 40 THAT PART OF S 1/2 OF NE 1/4 LYG W OF US 1-LESS S 800 FT 0.35 5-13 1417-300-0000-0004 "A PARCEL OF LAND LYING IN SECTION 17, T-34-S, R-40-E, ST. LUCIE COUNTY, FLORIDA; SAID PARCEL 125.63 (part of) BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN ATTHE INTERSECTION OF THE WEST LINE OF SECTION 17 AND THE SOUTH RIGHT OF WAY LINE OF INDRIO ROAD, THENCE NORTH 89"Sl'18" EAST ALONG THE SOUTH RIGHT OF WAY LINE OF INDRIO ROAD A DISTANCE OF 2371.13 FEETTO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF ALVARADO AVENUE; THENCE SOUTH 22'39'05" EAST ALONG THE WESTERLY RIGHT OF WAY LINE OF ALVARADO AVENUE A DISTANCE OF 731.74 FEETTO A POINT ON THE EAST LINE OF THE SOUTHWEST ONE-QUARTE OF SAID SECTION 17; THENCE SOUTH 00'01'S1" WEST ALONG THE EAST LINE OF SAID SOUTHWEST ONE - QUARTER A DISTANCE OF 1644.11 FEETTO A POINT ON THE NORTH LINE OF THE SOUTH ONE-HALF OF THE SOUTHWEST ONE -QUARTER OF THE SOUTHWEST ONE -QUARTER OF THE SOUTHEAST ONE - QUARTER; THENCE SOUTH 89'04'20" EAST ALONG THE NORTH LINE OF THE SOUTH ONE-HALF OF THE SOUTHWEST ONE -QUARTER OF THE SOUTHWEST ONE -QUARTER OF THE SOUTHEAST ONE -QUARTER A DISTANCE OF 684.48 FEETTO A POINT ON THE EAST LINE OF THE SOUTH ONE-HALF OF THE SOUTHWEST ONE -QUARTER OF THE SOUTHWEST ONE -QUARTER OF THE SOUTHEAST ONE -QUARTER; THENCE SOUTH 00'03'41" WEST ALONG THE EAST LINE OF THE SOUTHWEST ONE -QUARTER OF THE SOUTHWEST ONE - QUARTER OF THE SOUTHEAST ONE -QUARTER A DISTANCE OF 335.31 FEETTO A POINT ON THE SOUTH LINE OF SAID SECTION 17; THENCE NORTH 89°31'09" W EST ALONG THE SOUTH LINE OF SAID SECTION A DISTANCE OF 2316.12 FEET; THENCE NORTH 23'08'33" WESTA DISTANCE OF 133.92 FEET; THENCE NORTH 09'24'19" WEST DISTANCE OF 1090.19 FEET; THENCE NORTH 26'20'47" WEST DISTANCE OF 773.14 FEET; THENCE NORTH 31-14'34" W EST A DISTANCE OF 860.10 FEET TO THE POINT OF BEGINNING S-14 1417-433-0001-0000 17 34 40 BEG AT INT OF S LI OF SO SEC 17 AND WLY R/W US III, TH NWLY ALG SO WLY R/W 701 FT M/L, 16.60 TH WLY 107 FT, TH SLY 2 FT TOPT LYG 631 FT N OF SW COR OF SEC1/4 OF SE 1/4, TH WLY 1320 FT M/LTO W LI OF SW 1/4 OF SE 1/4, TH SLY ALG SO W LI TO PT LYG 315.5 FT N OF SW CDR OF SE 1/4, TH ELY 818.4 FT, TH SLY 315.5 FT TO S LISD SEC 17, TH ELY ALG SD S LI 905.2 FT M/L TO WLY R[W OF US FLU Map -Area Parcel lD LeBal Description I Acres 6-17 1420-311-0001-0005 "A PARCEL OF LAND LYING IN SECTION 20, T-34-5, R-40-E, 5T. LUCIE COUNTY, FLORIDA; SAID PARCEL 126.04 (part of) BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN ATTHE SOUTHEAST CORNER OF SAID SECTION 20, THENCE NORTH 89.45'4" WEST ALONG THE SOUTH LINE OF SAID SECTION 20 A DISTANCE OF 1537.68 FEET; THENCE NORTH 24-14'46" WEST A DISTANCE OF 1335.09 FEET; THENCE NORTH 25`41'O1" WEST A DISTANCE OF 387.61 FEET; THENCE NORTH 17°16'53" WEST A DISTANCE OF 502.66 FEET; THENCE NORTH 00"58'46" EAST A DISTANCE OF 312.03 FEET; THENCE NORTH 46'00'16" EAST A DISTANCE OF 426.22 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST ONE -QUARTER (SEX.) OF SAID SECTION 20; THENCE SOUTH 89°25'53" EAST ALONG THE NORTH LINE OF THE SOUTHEAST ONE -QUARTER (SEY) A DISTANCE OF 2096.48 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST ONE -QUARTER (SEY<) OF SAID SECTION 20; THENCE SOUTH 00"06'38" WEST ALONG THE EAST LINE OF SAID SOUTHEAST ONE -QUARTER A DISTANCE OF 2640.52 FEET TO THE POINT OF BEGINNING. 7-18 1423-130-0021-0005 23 34 40 THAT PART OF N 100 OF S 300 FT OF GOVT LOT 1 MPDAF: FROM SW COR OF TRACT C OF 3.80 WATERS EDGE S/D (PB 36-11),TH S 89 34 50 W 45.78 FTTO POB; TH CONT S 89 34 50 W 1734.85 FTTO W U OF GOVT LOT 1,TH N 0148 23 E ALG W LI 100.08 FT,TH N 89 34 50 E 1694.35 FT,TH 5 17 04 01 E 58.84 FT,TH S 23 33 11 E 38.62 FT,TH S 29 55 50 E 9.31 FT TO POB 7-19 1423-130-0023-0102 23 34 40 N 100 FT OF S 200 FT OF GOVT LOT 1 LYG W OF MHW LI OF FORT PIERCE CUT 3.98 7-20 1423-130-0025-0106 23 34 40 S 100 FT OF GOVT LOT 1 LYG W OF MHW LI OF FT PIERCE CUT 5.50 7-21 1423-410-0004-0009 23 34 40 THAT PART OF N 600 FT OF TRACT SE 1/4 LYG W OF A1A-LESS THAT PARTASSESSED IN BONITA 8.43 ISLE UNIT 1 8-22 1423-440-0011-0004 23 3440 TRIANGULAR SHAPED PARCEL OF LAND ADJ S SEC LI MPDAF: BEG AT INT E LI FT PIERCE CUT 1,57 AND S LI SEC 23 RUN E ON SEC LI 750 FT M/L TO ARTIFICIAL WATERWAY, TH NWLY TO FT PIERCE CUT, TH SWLY MEANDERING 50 FT PIERCE CUT TO FOR AS SHOWN ON PLAT OF COASTAL COVE -UNIT 1- IN PL BK 10-71 8-23 1423-440-0012-0001 23 34 40 BEG ON S LI OF SEC AT PT 875.03 FT W OF W R/W OF A1A, TH CONT W ON S SEC LI TO E SIDE 0.52 OF ARTIFICIAL WATERWAY, TH FOLLOW SO WATERWAY IN NWLY DIRECTION, TH FLY DIRECTION TO PT315 FT DUE N OF POB, TH 5 TO POB SHOWN ON PLAT OF COASTAL COVES -UNIT NO 1- PL BK 10-71- LESS E 450 FT OF N 90 FT 8-24 _ 1423-440-0013-0009 23 34 40 FROM SW CDR TRACT C COASTAL COVES -UNIT 1, AS IN PB 10-71 RUN N 25 FT FOR POB, TH W 0.20 100 FT, TH N 90 FT, TH E 100 FT, THS 90 FT TO POB 8-25 1423-440-0014-0005 23 34 40 FROM SW CDR TRACT C COASTAL COVES -UNIT 1, AS IN PB 10-71 RUN N 25 FT, TH W 100 FT 0.19 FOR POB, TH N 90 FT, TH W 100 FT, TH 5 90 FT, TH E 100 FT TO POB 8-26 1423-440-0015-0002 23 3440 FROM SW COR TRACT C, COASTAL COVE- UNIT 1 AS IN PL BK10-71, RUN N 25 FT, TH W 200 FT 0.24 FOR POB, TH N 90 FT, TH W 125 FT, TH S 90 FT, TH E 125 FT TO POB 8-27 1423-440-0016-0009 23 34 40 FROM SW COR TRACT C COASTAL COVE -UNIT 1, AS IN PL BK 10-71 RUN N 25 FT, TH W 325 FT 0.24 FOR POB, TH N 90 FT, TH W 125 FT, TH S 90 FT, TH E 125 FT TO POB 7-28 1423-506-0000-0108 OCEANIQUE OCEANFRONT CONDOMINIUM THAT PART OF CONDOMINIUM AND THAT PART OF N 100 9.86 FT OF S 1200 FT OF GOVT LOT l OF SEC 23 34 40 LYG W OF STATE RD AlA MPDAF: FROM INT OF W RD R/W U OF STATE RD ALA AND S U OF N 100 FT OF S 1200 FT OF N 1/2 OF SEC, TH 5 89 35 30 W 1014.89 FT TO POB; TH CONT S 89 35 30 W 1238.11 FT TO W U OF GOVT LOT 1, TH N 0147 47 E AEG W U 400.29 FT, TH N 89 35 30 E 811.60 FT, TH S 50 28 24 E 103.77 FT, TH S 62 42 40 E 109.32 FT, TH S 5105 52 E 61.56 FT, TH 5 43 53 31 E 61.54 FT, TH S 38 15 35 E 153.78 FT, TH 5325832 E 65.65 FT, TH 5343633E 26.81 FT TO POB 7-29 1423-506-0000-0201 OCEANIQUE OCEANFRONT CONDOMINIUM THAT PART OF CONDOMINIUM AND THAT PART OF N 100 7.75 FT OF 5 1200 FT OF GOVT LOT 10F SEC 23 34 40 LYG W OF STATE RD A1A MPDAF: FROM INT OF W RD R/W U OF STATE RD A1A AND S U OF N 100 FT OF S 1200 FT OF N 1/2 OF SEC, TH S89 35 30 W 198.38 F TO POB; TH CONT S 89 35 30 W 736.61 FT,TH N 37 42 06 W 19.97 FT, TH N 3617 23 W 125.34 FT,TH N 3 48 08 W 150.80 FT,TH N 39 43 48 W 49.75 FT, TH N 44 02 50 W 86.63 FF,TH N 7132 59 W 72,01 FT,TH N 56 03 58 W 70.91 FT,TH N 89 35 30 E 832.15 FT,TH S 12 34 58 E 41.33 FT,TH S 85 07 54 E 30.13 FT,TH S 7 14 27 E 27.21 FT,TH 5 37 38 55 E 26.89 FT,TH S 50 55 37 E 31.05 FT,TH 516 47 40 E 38.18 FT,TH S 68 51 FLU Map -Area rc Pael ID Legal Description Acre 8-30 1423-802-0003-0005 COASTAL COVES -UNIT 1- W 169.38 FT OF TRACT C 0.45 s 8-31 1423-802-0003-0108 COASTAL COVES -UNIT 1- TRACT C-LESSW 169,38 FTAND LESS THAT PART ASSESSED IN CALIFORNIA 1.23 EASTOR 349-439 AND LESS AS IN OR 393-1907- (1.24 AC) 8-32 1426-120-0001-0007 26 34 40 GOV LOT 2-LESS W 10 AC-(29.50 AC) (MAP 14/26N) 29.7S 8-33 1426-120-0002-0004 26 34 40 W 10 AC OF LOT 2 8.24 8-34 1426-130-0000-0001 26 34 40 LOT 3-LESS RIP RTS 35.15 8-35 1426-310-0000-0003 26 34 40 GOV LOT 6 36.89 9-36 1428-602-0022-0005 HOGG'SS/D IN SEC 28-34-40 THAT PART OF LOT 4 LYG W OF ATANDT CO ESMT AND MEA5750.2 FT ON 4.70 S U OF SO LOT 4-LESS FROM NW COR OF SO SEC 28 RUN S 00 DEG 07 MIN 36 SEC W 993.37 FT TO POB, TH CONT S331.10 FT, TH S 89 DEG 47 MIN 55 SEC E 40,37 FT, TH N DO DEG 09 MIN 015EC E 218.65 FT TO PT ON CURVE CONCAVE ELY, R OF 854.93 FT, TH ALG SO CURVE 112.80 FT, TH N 89 DEG SO MIN 08 SEC W 47.94 FT TO POB 9-37 1428-602-0022-0108 HOGG'SS/D IN SEC 28-34-40 THAT 33 FT WIDE STRIP BEING A PART OF LOT 4 AND LYG W OF AND ADJ 0.28 TO ENGBERS S/D AS IN PL BK 1-19 SUBJ TO ATT CO ESMT (AS PER RIB 4029 EFF 10/l/98) 9-38 1428-602-0054-0008 HOGG'S S/D IN SEC 28-34-40 THAT PART OF LOT 20 LYG W OF C/L OF DITCH -LESS W 370 FT AND LESS RD 0.71 R/W- 10-39 1432-330-0001-0001 32 34 40 S 1/2 OF SW 1/4-LESS JUANITA AV AND LESS W 30 FT AND LESSS 155 FT AND LESS E 463.91 FT 55.85 LYG 5 OF JUANITA AV AND N OF N U OF 5 954.06 FT AND LESS N 799.06 FT OF S 954.06 FT OF E 466.70 F 10-40 1432-330-0003-0005 32 34 40 S 155 FT OF SW 1/4-LESSBEG SW COB SEC, TH N 0 DEG 05 MINOO SEC E ALG W SEC U 155 FT, TIF 9.27 N 89 DEG 47 MIN 21 SEC E ALG N LI OF S 155 FT OF SW 1/4 30 FT, TH S O DEG 05 MIN 00 SEC W AUG LI3 FT ELY OF, // AND AS MEASAT RT ANG TO W SEC U 89.23 FT, TH S 82 DEG 13 MIN 10 SEC E 472.98 FTTO INT WITH S SEC U, TH S 89 DEG 47 MIN 21 SEC W ALG S SEC U 498.72 FTTO POB 11-41 2326-411-0001-ODOG 26 35 39 NE 1/4 OF SE 1/4 LYG N OF TEN MILE CREEK -LESS THAT PART MPDAF: BEG NW COR OF NE 1/4 8.63 OF SE 1/4 OF SEC RUN S 110.50 FT,TH ELY AT 122 DEG ANG 199.80 FT,TH NLY AT ANG OF 140 DEG 300 FT,TH NLY AT ANG OF 82 DEG 186 FT TO 1/4 SEC U,TH WILY AUG 1/4 U 422.80 FT TO POB 11-42 2326-421-ODOI-0007 26 35 39 THAT PART OF NW 1/4 OF SE 1/4 LYG N AND E OF 10 MILE CREEK 6.52 11-43 2326-421-0002-0004 26 35 39 THAT PART OF NW 1/4 OF SE 1/4 LYG S AND W OF 10 MILE CREEK MPDAF: FROM NW COB OF 7.57 NW 1/4 OF SE 1/4 RUN E 284 FT FOR POB,TH S 18 E 205 FT,TH S 46 E 240 FT,TH S 49 15 E 175 FT,TH S 49 30 E 4SFT,TH 5 3415 E 150 FT,TH N 75 4S E 55 FT,THS 53 E 133 FT,TH S 9 E 100 FT,TH S 21 E 215 FT,TH S 68 E 160 FT,TH N 7715 E 143 FTTO E SIDE OF NW 1/4 OF SE 1/4,TH N TO 10 MILE CREEK,TH MEANDER CREEK NLY AND WLY TO N U OF NW 1/4 OF SE 1/4,TH W TO FOR 11-43a 2325-323-0001-0003 25 35 39 ALLTHAT PART OF S 1/2 OF NW 1/4 OF SW 1/4 LYG W OF TRNPK-LESS RD AND CANAL R/W 8.54 12-44 2412-421-0001-0001 12 35 40 GOVT LOTS 4 AND 5 AND THAT LAND ON W LYG BTWN 1887 MEANDER U AND IND RIVER AND 141.77 FROM E 1/4 CDR RUN N 88 DEG 10 MIN W ON S U GOVT LOT 21321.2 FT FOR POB, TH S 437.3 FTTO US GOVT MEANDER UOF 1887, TH N 42 DEG W 131.9 FT, TH N 64 DEG W 264 FT, TH N 235.5 FT TO WILY EX OF S U GOVTLOT 2, TH S 88 DEG 10 MIN W 325.7FT TO POB 12-45 2412-802-0036-0004 RE -PLAT OF SURFSIDE PLAZA -UNIT I-BLK 2 LOT 16 0.17 12-46 2412-802-0087-0006 RE -PLAT OF SURFSIDE PLAZA-UNITS-BLK 5 LOTS 7 AND 0.35 12-47 2412-802-0134-0001 RE -PLAT OF SURFSIDE PLAZA -UNIT I- BLK 7 LOTS 14 AND 15 0.35 12-48 2412-802-0153-0000 RE -PLAT OF SURFSIDE PLAZA -UNIT 1- BILK 8 LOT 13 0.17 12-49 2413-121-0001-0003 13 35 40 GOV LOT 2 PLUS ALLTHATLAND ABUTTING ON W TO RIV 76.43 12-50 2413-131-0001-0004 13 35 40 GOVT LOT 3 AND ALLTHAT LAND ABUTTING W AND S TO RIV CONTAINED WITHIN WILY EXT OF 105.05 N LIOF LOT 3 AND SLY EXT OF E U OF LOT 3 12-51 2413-501-0178-0000 SURFSIDE HARBOR BLK 11 LOTS 6, 17AND 18 OS8 12-52 2413-501-0200-0004 SURFSIDE HARBOR BLK 12 LOTS 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20 AND 21 3.46 13-53 2426-502-0004-0302 EINSEL'S 5/D N 1/2 OF LOT 3 LYG W OF FEC RR 3.22 FLU Map -Area Parcel ID Legal Description Acres 15-57 2430-313-0005-0003 30 35 40 BEG AT SE COB OF SW 1/4, TH N 89 DEG 57 MIN 57 SEC W 2674.14 FT TO SW COB OF SEC, TH 96.76 NO DEG 18 MIN 32 SEC W 1330.58 FTTO NW COB OF SW 1/4 OF SW 1/4, THIN 89 DEG 40 MIN 25 SEC E 572 FT, TH NELY AEG E BANK OF TEN MILE CREEK 920 FT M/L, TH N 0 DEG07 MIN 43 SEC W 166.29 FTTO NW COB OF S 1/2 OF NE 1/4 OF SW 1/4, TH N 89 DEG 29 MIN 39 SEC E 799.11 FT, TH S 00 DEG 27 MIN 44 SEC W 590.12 FT, TH S 45 DEG 07 MIN 28 SEC E 74.23 FT TO PC OF CURVE CONC NE, R 115 FT, CA 45 DEG, TH SELY ALG ARC 90.32 FT, TH N 89 DEG 40 MIN 25 SEC E 410 FT TO E LI OF SW 1/4, TH S 00 DEG 02MIN 58 SEC W 1343.44 FT TO FOR 16-58 2433-432-0001-0000 33 35 40 THAT PART OF SW 1/4 OF SE 1/4 LYG W OF CANAL 71 9.19 16-59 2433-501-0001-0104 PLATTS BRANCH THAT PART OF LOT 1 MPDAF: FROM SW COB OF LOT 1 RUN N 0012 45 W ALG W U OF 98.70 LOT 1 123.43 FT,TH N 26 48 55 W ALG W LI OF LOT 247.33 FT TO N LI OF LOT 1,TH N 6314 35 E ALG N LI 76.97 FT TO POB,TH CONT NELY ALG N LI 108.28 FT TO NE COR OF LOT,TH S 12 50 10 E ALG E LI OF LOT 50 FT,TH N 90 00 00 W ID7.BO FT TO POB AND THAT PART OF SEC 33 35 40 MPDAF: S 1/2 OF NE 1/4 LY SAND W OF SUNRISE BV AND N OF C/L OF PLATTS BRANCH AND THAT PART OF S 1/2 OF NW 1/4 LYG E OF CANAL #71-LESS PENINSULA LYG E OF CANAL#71 AND BOUNDED ON SAND E BY C/L OF A NATURAL BRANCH OF STLUCIE RIV-AND THAT PART OF S 1/2 LYG N AND E OF CANAL N71 AND N OF C/L OF PLATTS BRANCH -LESS RDS AND CANALS 17-60 2435-411-0001-0104 35 35 40 E 1/2 OF E 1/2 OF NE 1/4 OF SE 1/4-LESS S 552 FT LYG E OF SAVANNAH AS IN DBK 197-401-(27) 6.81 17-61 2435-414-0001-0000 35/36 35 40 BEG AT SE COR OF SEC35 RUN N ALG E SEC U 1323.3 FTTO POB, TH W 220 FT, TH NELY 11.36 552.46 FTTO A PT, TH E 195 FTTOE LI SEC 35, TH CONT E ALG N LI OF S 1875.2 FT 545 FT M/L TO W R/W FEC RR, TH SELY ALG SD R/W 591.16 FT M/L TO N LI OF S 1323.3 FT, TH W ALG SD N LI 755 FT M/L TO FOR 17-62 2436-322-0003-0005 36 35 40 S 385.76 FT OF N 649.76FT OF GOVT LOT 2 LYG W OF FEC RR 4.02 17-63 2436-323-0001-0004 36 35 40 S 100 FT OF N 749.76 FTOF GOVT LOT 2 LYG W OF R/W FEC RR 1.28 18-64 2519-431-0002-0007 19 35 41 THAT PART OF GOVT LOT 7AND W 1/2 OF GOVT 8-LESS AlA AND LESS N 100 FT LYG E OF ALA 60.78 AND LESS THAT PART OF GOVT LOT B MPDAF FROM PT OF INT N LI OF GOVT LOT 7 AND E R/W U OF ALA RUNN 89 5115 E ALG N U OF GOVT LOT 7 AND 8 855.97 FT TO NE COB OFW 1/2 OF GOVT LOT 8, TH S 00 2413 E ALG E LI 100 FT TO FOR, TH CONT S 248.04 FT, TH S 89 52 50 W59.20 FT, TH N 0017 59 E 248.02 FT TO S U OF CTY RD R/W, TH N 89 5115 E ALG S LI OF R/W 56.16 FTTO POB 18-65 2519-441-0002-0008 19 35 41 THAT PART OF GOVT LOT 8 OF SEC 19 MPDAF: FROM INT N LI OF GOVT LOT 7 AND E R/W LI OF 0.33 ALA RUNN 89 5115 E ALG N U OF GOVT LOT 7 AND 8 855.97 FT TO NE CO OF W 1/2 OF GOVT LOT 8, TH S 00 24 13 E ALG E LI 100 FT TO POB, TH CONT S 248.04 FT, TH S 89 52 50 W 59.20 FT, TH N 00 17 59 248,02 FT TO S LI OF CTY RD R/W, TH N 895115 E ALG S LI OF R/W 56.16 FTTO FOR 19-66 2532-211-0001-0005 32 35 41 N 100 FT OF SEC LYG E OF ASA R/W AS IN OR 74-504 1.25 19-67 2532-803-0007-0004 WATERSONG SOUTH PUD PLAT NO. ONE (PB 53-1) TRACT A 13.19 20-68 3228-311-0001-0001 28 36 38 SW 1/4 OF SEC AND W 75 FT OF SE 1/4 OF SEC -LESS N 2S FT AND LESS CARLTON RD R/W AS IN 152.02 OR 175-421 20-69 3228-411-0001-0008 28 36 38 SE 1/4 OF SEC -LESS N 25 FT AND LESS W 75 FT AND LESS CARLTON RD R/W AS IN OR 175-421 148.35 20-70 - 3229-341-0001-0007 29 36 38 THAT PART OF SEC MPDAF: FROM N 1/4 COB OF SEC RUN S 00 22 25 E 3530.21 FT TO POB;TH 2O.35 " CONT S 00 22 25 E 1743.27 FT TO S 1/4 COB OF SEC,TH S 89 59 54 W ALG S SEC LI 500 FT,TH N 00 22 25 W 1743.27 FT,TH N 89 59 54 E 500 FT TO POB (LOT 6) 20-71 3229-341-0002-0004 29 36 38 THAT PART OF SEC MPDAF: FROM N 1/4 CO OF SEC RUN S 00 22 25 E 5273.48 FT TO S 1/4 CO F 20.46 OF SEC,TH S 89 59 54 W ALG S SEC LI 500 FT TO POB;TH CONT S 89 59 54 W 1244.32 FT,TH N 0100 20 W 699 FT,TH N 89 59 54 E 1252.03 FT,TH S 00 22 25 E 698.91 FT TO POB (LOT 7) 20-72 3229-441-0001-0004 29 36 38 SE 1/4 OF SE 1/4 40.41 20-73 3232-111-0001-0000 32 36 38 NE I/4 OF NE 1/4 39.65 20-74 3232-121-0001-0001 32 36 38 N 1/2 OF N W 1/4 OF NE 1/4 (LOT ll) 1972. 20-75 3232-121-0002-0006 32 36 38 5 1/2 OF NW 1/4 OF NE 1/4 (LOT 12) 19.63 20-76 3232-212-0001-0000 132 36 38 COM AT INT OF N LI OF SEC 32 AND E R/W LI OF GERMANY CANAL RD,TH S 0148 56 E 660.35 18.96 FLU Map -Area ParcellD Legal Description Acres 21-79 3403-502-0107-0007 WHITE CITY S/D 04 3640 N 100 FTOF S 200 FT OF N 1200 FT OF THAT PART OF LOTS 62 1/2AND 651/2 1.52 LYG E OF CANAL 71 AND S OF W LY EXT OF N U OF OUTLOT 14 21-80 3403-502-0109-0104 WHITE CITY S/D 04 3640 N 29 FT OF S 219 FT OF THAT PART OF LOT 65 1/2 LYG E OF CANAL 71 0.65 22-81 3403-502-0235-0003 WHITECITYS/13093640 LOT 216-LESS THAT PART ASSESSED IN TOMLINSON'S UNRECORDED PLAT 4.90 (MAP34/09S) 22-82 3403-502-0236-0000 WHITE CITY S/D 09 3640 LOT 217 2.23 22-83 3403-502-0238-0004 WHITE CITY S/D 09 36 40 LOT 219 4.99 22-84 3409-311-0001-0006 9 36 40 N 5 AC OF NW 1/4 OF SE 1/4 AND N 5 AC OF NE 1/4 OF SW 1/4AND THAT PART OF NW 1/4 OF 4.75 SW 1/4 LYG E OF ST LUCIE RIV-LESS BEG NE COR LOT 12 BLK 1 RIVERDALE YACHT CLUB EST, RUN WLY AUG N U SD 5/D 1690.20 FT, TH NLY 185.5 FT TO C/L OF DITCH, TH ELY AUG SDC/L 1720.27 FT, TH SLY 172.10 FTTO POB 22-85 3409-311-0002-0003 9 36 40 FROM NE CDR LOT 12 BLK 1RIVERDALE YACHT CLUB EST RUN WLY ALG N U OF SD S/D 1335.3 FF 0.48 TO FOR, TH CONT W LY 118.9 FT, TH NLY 183.7 FT TO C/L OF DITCH, TH ELY ALG SD C/L 118.90 FT, TH SLY 182.8 FT TO POB 22-86 3409-311-0006-0001 9 36 40 FROM NE COR LOT 12 BLK 1 RIVERDALE YACHT CLUB EST RUN WLY ALG N U SD 5/D 1454.2 FT TO 1.01 POB, TH CONT W LY 236 ET, TH NLY 185.5 FT TO C/L OF DITCH, TH ELY 236.02 FT, TH SLY 183.7 FT TO POB 22-87 3409-344-0001-0008 9 36 40 E 1/2 OF N 10 AC OF S 15AC OF SW 1/4 OF SE 1/4 AND 5 AC ABUTTING SAME ON W TO RIV 7.55 22-88 3409-344-0001-0101 93640W 1/2 OF N 10 AC OF S ISAC OF SW 1/4 OF SE 1/4AND SACABUTTING SAME ON WTO RIV 7.06 22-89 3409-502-0006-0203 PLATSHOWING ADJUSTMENTOF PROPERTY LINES OF MOORE, ETC OF 9-36-40 S 240 FTOFTRACT H- 5.86 LESS E 136.13 FT 22-90 3409-502-0007-0107 PLAT SHOWING ADJUSTMENT OF PROPERTY LINES OF MOORE, ETC OF 9-36-40 THAT PART OF TRACT J 10.66 MPDAF: FROM NE COR OF SEC 9 RUN 5 89 45 09 W 1317.89 FT TO W U OF E 1/2 OF NE 1/4,TH S 00 16 2 E 2639.34 FT,TH N 89 4131 W 1623.41 FT,TH N 02 12 00 W 443.24 FT TO POB:TH N 89 4131 W 1177.11 FT TO MHW U OF ST. LUCIE RIVER,TH N 28 00 07 W MEANDERING RIVER 71.85 FT,TH N 03 52 41 W 41.07 FT,TH N 07 26 55 W 99.59 FT,TH N 06 30 36 E 86.29 FT,TH N 20 37 10 E 84.66 FT,TH N 3102 23 E 18.02 FT,TH S 89 44 24 E 1162.85 FT,TH 5 0212 00 E 384.92 FT TO POB 22-91 3409-502-0008-0104 PLAT SHOWING ADJUSTMENT OF PROPERTY LINES OF MOORE, ETC OF 9-36-40 THAT PART OF TRACT I 11.62 AND L MPDAF: FROM NE CUR OF SEC 9 RUN S 89 45 09 W 1317.89 FT TO W U OF E 1/2 OF NE 1/4, TH S 0016 24 E 2639.34 FT, TH N 89 4131 W 1623.41 FT TO FOR: TH CONT N 89 4131 W 1168.53 FT TO VIEW U OF ST LUCIE RIVER, TH N 13 26 06 E MEANDERING RIVER 29.68 FT, TH N 03 4419 E 107 FT, TH N 00 02 21 W 75.52 FT, TH N 28 18 18 W 19.81 FT, TH N 02 10 35 W 71.79 FT, TH N 22 20 37 E 21.34 FT, TH N 03 49 56 E 50.13 FT, TH N 28 00 07 W 82.54 FT, TH S 894131 E 1177.11 FT, TH 5021200 E 443.24 22-92 3409-703-0125-0004 RIVERDALE YACHT CLUB ESTATES -UNIT 2 BLK 16 BEG AT SE CDR OF BLK 16, TH RUN NLY ON MERRY BEE 0.48 DR TO PT 25 FT S OF WLY EXT OF C/L OF PARKLAND BV, TH W TO PT 170 FT E OF RIV EDGE, TH SW LY 169.5 FT TO 5 U OF BLK 16, TH E TO POB 22-93 3409-703-0151-0005 RIVERDALE YACHT CLUB ESTATES -UNIT 2- UNNUMBERED TRACT BNDED ON E BY ARAPAHOE ST, ONW 0.11 BY MERRY BEE DR, ON N BY PARKLAND BV AND ON S BY WLY EXT OF 5 III OF LOT 5 BLK 20 22-94 3409-803-0001-0006 SILVER OAK ESTATES THATAREA DESIGNATED IN PLAT AND SHOWN AS "PARK" (AS PER PLAT 0.45 DEDICATION DATED 9-11-79) 22-95 3416-112-0007-0009 16 36 40 N 1/2 OF NW 1/4 OF NE 1/4-LESS R/W FOR SAEGER AV 20.09 22-96 3416-132-0001-0009 16 36 40 S 1/2 OF N 1/2 OF SW 1/4 OF NE 1/4 LYG W OF ELY CHANNEL ST LUCIE RIV AND SW 1/4 OFSW 12.38 1/4 OF NE 1/4 23-97 3421-441-0000-0007 21 36 40 THAT PART OF SE 1/4 OF SE 1/4 LYG N OF PRIMA VISTA BV, EOF ST LUCIE AND W OF CANAL 71 0.05 23-98 3422-313-0001-0003 22 36 40 BEG AT NW CDR OF LOT 28RIVER PARK -UNIT 3- RUN S 01 DEG 32 MIN 26 SEC E ALG W U OF SD 0.66 LOT 28 94.61 FT TO PT ON NON -TANG CURVE CONC SLY, R OF 2964.79 FT, CA OF 01 DEG 29 MIN 56 SEC, TH WLY ALG ARC 77.56 FT, TH S 84 DEG 22 MIN W 192.26 FT, TH N 05 DEG 37 MIN 55 SEC W 143.79 FT TO SW COR OF LOT 24 RIVER PARK -UNIT 3-, TH S 85 DEG 17 MIN 55 SEC E ALG S U OF LOTS24, 25 AND 26 TO NW COR OF LOT 28 ANDPOB Indian River County Sec 04 Sec 03 T34S R37E � �stiiN� Sec 09 Sec 10 SrgTF T34S T34S A R37E R37E ��r Sec 03 Sec 02 T34S T34S R39E R39E .... W.Mm.mmmmm WINTER GARDEN PKWY /I PARK rn I Sec 01 T34S R39E I 1 1 1 1 / / 1 1 1 1 1 1 SPANISH LAKES BLVD a 1= VA 11 Sec 23 T34S � =: N :i .,. Z� Y,� 2 G N s �� T� Sec 19 T35S 1 1 1 f Atlantic Ocean 0 1 1 1 1 1 f 1 a Sec 20 1 T35S 1 R41E 4 Sec 29 Sec 29 T35S R41E Atlantic Ocean Sec 21 T36S R36E Sec 28 32 1 1 Se! 33 1 1 1 I 1 Sec 05 1 Sec 04\,pT36S , T36SR41E 1R41E 1 1 1 1 e 1 Sac 08 T36S R41E' Sec 09 T36S R41E Atlantic Ocean 22 R41E 113 Atlantic Ocean SO , FOR I FPS TREASURE COAST NEWSPAPERS G Hlaay, FeMuary22.2013 a 76 TREASURE COAST LL O m 00 c N 41 E rn m all ED a CI Z O .� N E a) Z u UZI a j O F p DO N_ 5 Q S n U 9 I m 0 U C AT N 0 n O 0 a in c An An IS 3 To a m To C E O ti in D As GO go R m A AT c° a F In In N N U i N As An Tee v M` i GO O an N N CN N C 0 g Golf course could become driving range By Ed Blers.henk adm�de�m mnmzsn VERU BEACH- Golfballs could be flying again at the old Dodge town Golf Coursevpwl Thomas and faM Hendricks can per- suadethecitytoleI'D in develop .delving range at <he43rdAvmneaite. City Manager rim O'Connor and Recreation Director Rob Slevak said the discussions are lua, neiesad sa conceptual sn pro md.posalhazbeenmbmi[- The initial proposal speaks of being avowed to use a portion of the aldgulfcomeas clubhouse plus a section of lard f re a for maimngeiv exchange for maintaining that par' .one property The ens .Um ...Dross....Ty Corps plans meetings ondlkestudy The Army Corof Enplane.,, ck w.ill, District, will have apub- He m ¢ling Feb. 28 inOkeechobee to discuss MPRT'X CnIrHTY Wanted'. Sponsors forteen0ents The Martin County parks and Recreation Departurem's X-tmme Teen Program is seeking sponsors to support its spring svests. With a $100 spoesor- sMpp y ur company logo Ih ya Placed the scheduled spring event films oil distributed throughout the comt, Your reentaaed@raughout the every and any s% bago Re" eypostedwill e posted ATI reveal lion I r. oro—no 1. Program Tritum costs about $150 per child per week. The Early Teaming Co- avtlon funds up to $90 per child per the t fee, hich eubased on income. The center depends oe year- nddonations And iWe ficandmilear to makeup the difference. Dinner i,$ prayers — and Includes spaghetti, scheduled to be made in Ocmber201 5. Paul Thomas, who has opam ra'edvarious golf gesme am.,neldhe hopes to be able to sir&e a deal with the city eoon. -I think it would he • wonderful spoil' said Thomas, who notes noth- mgmlrmmlyiagomg.nae memcilioa.xdsparm<rs whb IoM1n xenarinks or American Golf Club ISC intheproposal. Hevddcka' company mreinvolved in the my- lic. of the old Vista Meadows GeV Course on south D.S.I. The course is rearocaffiedArearicanGolf ClubidVero Beach. In A letter to the city signed by e Hn ricks, he pf he gfored 00 ds o Igropedta section of the oldranalubhouse. "..¢made meat sa acted and garvc knotse c A lunchtime delivery option will be available forordersoffiremsore. InsdditicnlulM1espaghe"i mesE ra9le tickets im,11 baskets will be sold for $leach. For more information, call 772-20-021 or visit wwgerlrudewaldenn, SUffspona ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA March 5, 2013 NOTICE OF PROPOSED TEXT AMENDMENT Tfa THE LAND DEVELOPMENT CODE The St. Lucie county Bona of county economical ..n prop.... m ...Wm tie edeptie. of the following byOr tnen..: ORDINANCE NO. ISOOT AN ORDINANCE AMENDING THE ST. LUCIE COUNTY "SIT DEVELOPMENT CODE W AMENDING SECTION 101.02S- COMMERCIAL GENERAL ZONING DISTRICT TO ALLOW BINGO PARLORS AS A PERMITTED USE; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERAUHATC PROVIDING FOR APPLICABILITY: PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. APPLICANT: Rb Arcade FILE NUMBER: TLOC 1120124570 PURPOSE:T l amendment to the Land Deml,creal Coda to allow bingo parime as a pafmiled use In Run Commensal Gannet R Q) zoning district. This ... red of two PUBLIC HEARINGS an Th Item will be hold In me Commission Dennis, Roger pother Anne.. 3rd FII St. Lucie Caun'y Adminislrmlan Britain, fi= Vlrglnla Avenue, Fell Pierce, Florid. on Burned, March 5 2013 begMmne st 600.p n or as Ihemafler as possible. All lmeremed persons will be given an oppialark, to be heard. Wrlden rorma.m. rar.had In ediser. of the suer. bore will Ian be u aH.md. Birds,, . en¢ to the Board ill Count' Crittenden..should be mueAed by to Planning end DevMopmenl SeM<es De,kina' - Planning DMalon at least 3 it.,. priori tie sch.d.l.d Fee in,Too pmmnn fik is evadable Ins mrlaw.1 sur PManlno and .—II In the letter, he were Am Ice Ringtokeep trier buvd.g maintalaed, pay the electric for the building, mow [he area mound the buildilrg and e area r r me admag ra nge. This will allow the city to mute ill the rnem- tional eqq ';merit ie the bilmac oft"ebuvdingmd ke<Pmechr Eberhard, to mow 30 percent of the pier Hendricks added .few Practice gals holes posil- blycauldbe opened in the furore. He mentioned his mpeeylasaleasewllh the city of Belie Glade to manage its 18-hole golf careasselneirlahlUmencer, changeshaeds. aGen... havarvm,a,id the city would probably ask between $1,100 and $1,800 per month for the ppropertYYy. which is based re tat or the theicalaggmre-fel y ulrpor r"Weazeiathene," said trig stage right new," said O'Connor. Smisho idvariousma- dir. Suchve tobemetbe- uld fore such athfacility could in opened azllit coulee, incleen friability Enter anc.loch d at of club- house. wall at the old dub- houae. Part oftithe clubhouse hydrell lyflernue to be used byth¢eia reins I A lso m sl rin f ¢Ater dHions I. a parking license agreement Indian River County and the Vero Beach Sports Village has with the city for use dur- ing certain times. The Iona la also lathe night path of th Vero Beacb Municipal Airport, 5 PederstAvlaxonAdmio- !stra'ienregulalionsalso aeedmbu.et. Heodrlcka' le[ pro- 'Reas reltm_rear roam with a s&-iI notice 10 vacae. D'Connpr said e ofthe conditions of any deal would be that the city would be able to quickly regain central of the ar. rtif they had Heberuy ernrit. .Pact proposals far the &"fine, fadudedbicycle off nine hole or sbmeer f a nine hole or smaller golfcourse.Nwe.,A Pon, closeI .being terminational.GOg ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC HEARING AGENDA March 5, 2013 wmroraecrcsm rnmoumaAw.ersulrAurvoxFnapnsw;vasum;neruprnFstlurnrwxn wnFePm nivueuiryxr.gwrvetunaunion.unxiao;siuumvtmxvaalrAsoFPtlulrwunrr.rxr .m per¢;..avin.:n punw P.um•eul.n Eeaexm.anwwrm..a,e.,,mwmz. m;; L6ID 1„ 1¢.�aw.seer.m.a.awns/klmdntleeun/nmYu,MGanbcaa�dXnaekPwry /mr.zxanpwpw.Im Puve.rbmmpnmedem KaPdrm flbuem YuldMy PmpeMVNPMPNeIaNlm WpNmdmMw,nN[Ka+nemlbMnJLNyNtr apinxun o-as AVoaoW.V[Fa rice): me PFs..I;.I. of MHaacF WPMMm eY .am AlM4loen IPwmnuvamx P.em iF.As..Isw Foresrpam. IF msest,P Pn ToaF.vm; wunmfluuuun;Paonplwwamnomrxrx. upsrulx 1surea PP.mwPo raw;annnx 1xFnaPdaHMIYHIIOFHebNCalmanMY.ImnRW WPAr Hf@mFMIEAVaPMYWVa WIIaMITx. maeurans.1141eaa R-a1 cmaul... Alua Wfl16 PM[FUOfMXaeWYm Brat W[FLWXry,m[PYa K00GYAnoY1NIw1.reassic TM Met'siUS API&a ,S.nWA� ¢6(IMa[�12141 WexW ve—EFbeN✓PertiveMlp::^°i Na+l onmae>neac fi 1 we,w;x�Kww.Pvapvn.rmun tfl:aw'+Mume�roaaileaomn ]a B AYn b I m;apk eNy )yEt uea d Pin 1Mnry m h P<memW Pdk Rnq n:ee '.soot 1rt kM n W .awd,.r�np.�,wnn.xy,.1,c.:a>rer�,at�uem K...a.�nixmPspwedre2 rose. note's.xrome losses., AGENDA REQUEST ITEM NO. VII-F DATE: 10/23/12 REGULAR () PUBLIC HEARING (X) LEG. () QUASI -JD ( ) CONSENT () TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Britton DeWitt SUBMITTED BY: Planning and Development Services Senior Planner Department - Planning Division SUBJECT: Ordinance 12-019 — Future Land Use Map Amendment (FLUMA) to Conservation Public (CPUB) for 102 County -owned parcels. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: September 27, 2012 — The Planning and Zoning Commission unanimously recommended approval. RECOMMENDATION: Board approval to transmit Ordinance 12-019 to the Department of Economic Opportunity for review and comment. COMMISSION ACTION: ( ) APPROVED ( ) ( ) OTHER DENIED COORDINATION/SIGNATURES CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM County Attorney (X) _�Ad— County Surveyor (X) 161W Planning and Development Services Department Planning Division MEMORANDUM TO: Board of County Commissioners THROUGH: Mark Satterlee, AICP, Planning & Development Services Director Kara Wood, Planning Manager yr J FROM: Britton DeWitt, Senior Planner /2 - DATE: October 23, 2012 / /9l SUBJECT: Ordinance 12-019 — Future Land Use Map Amendment (FLUMA) to Conservation Public (CPUB) for 102 County -owned parcels. ITEM NO. VII-F This is the transmittal hearing for a County -initiated large-scale amendment to the Future Land Use Map for 102 parcels totaling approximately 2,190.71 acres of public property to the Conservation Public (CPUB) Future Land Use designation. BACKGROUND: In 2002, general amendments to the County's Future Land Use Map were processed in conformance with a grant awarded to the County by the Florida Communities Trust (FCT) program. The FCT program assists communities in protecting important natural resources, providing recreational opportunities and preserving Florida's traditional working waterfronts through the competitive criteria in the Parks and Open Space Florida Forever Grant Program. These local land acquisition grant programs provide funding to local governments to acquire land for parks, open space, greenways and projects supporting Florida's seafood harvesting and aquaculture industries. The source of funding for FCT comes from Florida Forever proceeds. Once land is acquired through a FCT grant, one of the obligations of the grantee is to change the Future Land Use designation to a category dedicated to open space, conservation or outdoor recreation use such as Conservation Public or CPUB. Since 2002, the County has continued to acquire land through FCT grants and is proposing to change the Future Land Use designation for parcels acquired with this grant program to CPUB. Attached to this memo as "Exhibit A" of Ordinance 12-019 is a spreadsheet and map identifying the County -owned nnrnole +n ha in +hie nmonrlmen+ nrnneee +n unrl ofe +ho Cufuro 1 onrl 11.. Mon +n ('DI IR fnr Board of County Commissioners CPUB FLUMA Ord. 12-019 October 23, 2012 Page 2 security functions." The CPUB Future Land Use designation is associated with the least amount of impacts on public infrastructure and neighboring private property. Any change in Future Land Use designation to CPUB is considered a decrease in potential impacts. Compliance with the Comprehensive Plan: The proposed amendments to the Future Land Use Map are not in conflict with any portion of the St. Lucie County Comprehensive Plan. The proposed amendments further Policy 1.1.3.1 that calls for protection of areas designated for conservation purposes or that contain other special environmental habitat as identified by the Comprehensive Plan. Compliance with State Statutes: The proposed amendments to the Future Land Use Map contain both small-scale and large-scale amendments. Parcels larger than 10 acres are considered large-scale amendments and are subject to review by the State Department of Economic Opportunity (DEO). Parcels less than 10 acres in size are considered small-scale amendments, and not subject to review by the State DEO division of Community Planning. Neither the small or large-scale amendments are anticipated to have impacts to important state resources. Furthermore, the proposed amendments are being processed in accordance with a FCT grant administered by the Florida Department of Environmental Protection. Public Infrastructure Impacts: The proposed amendments to the Future Land Use Map are associated with the least amount of impacts on public infrastructure and neighboring private property. Any change in Future Land Use to CPUB is considered a decrease in potential impacts from the original Future Land Use designation. There are no anticipated increases in impacts to public facilities associated with these amendments. The proposed amendments may enhance the level of service for park facilities due to the increase of potential Park and Recreational amenities. Public Notice: Per Section 11.00.03 of the Land Development Code (LDC), a sign is required to be posted on properties for zoning or Future Land Use amendments. However, this posting of notice is not required by Florida Statutes, and according to the County's LDC, the lack of posting a sign notice does not invalidate the amendment process. Given that the County is proposing to change the Future Land Use designation of 2,190.71 acres on 102 parcels of public property, posting of a sign on each parcel would be prohibitive in terms of time and expense. In addition, some of the effected parcels have no public access so posting a sign on the property would serve no practical purpose. In the past, the County has processed large-scale amendments without signs, the TVC being an example. Advertisement for amendments to the Future Land Use Map and the Official Zoning Atlas were posted in the St. Lucie News Tribune on September 14, 2012. Analysis Summary: Staff's analvsis indicates that the proposed amendments are consistent with the St. Lucie County Board of County Commissioners CPUB FLUMA Ord. 12-019 October 23, 2012 Page 3 ATTACHMENTS: Ordinance 12-019 containing a spreadsheet identifying the County owned parcels to be amended to CPUB Future Land Use designation with an associated map geographically depicting the parcels' locations. ITEM NO. III-C DATE: 09/27/12 AGENDA REQUEST REGULAR ( ) PUBLIC HEARING (X) LEG. (X) QUASI -JD ( ) CONSENT () TO: PLANNING AND ZONING COMMISSION PRESENTED BY: Britton De Witt SUBMITTED BY: Planning and Development Services Senior Planner Department — Planning Division SUBJECT: Ordinance 12-019 — Future Land Use Map Amendments (FLUMAs) to Conservation Public (CPUB) for 102 County -owned parcels. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that Ordinance 12-019 be forwarded to the Board of County Commissioners with a recommendation for approval. COORDINATION/SIGNATURES County Attorney ( X ) County Surveyor ( X) "eW11 Daniel S. McIntyre Ron Harris County Engineer ( ) ERD (X) Michael Powley XaReWSmith Planning and Development Services Department Planning Division MEMORANDUM TO: Planning and Zoning Commission THROUGH: Mark Satterlee, AICP, Planning & Development Services Director Kara Wood, Planning Manager yh J FROM: Britton De Witt, Senior Planner DATE: September 27, 2012 SUBJECT: Ordinance 12-019 — Future Land Use Map Amendments (FLUMAs) to Conservation Public (CPUB) for 102 County -owned parcels. ITEM NO. III-C This is a County initiated amendment to the Future Land Use Map for 102 parcels totaling approximately 2,190.71 acres of public property to the Conservation Public (CPUB) Future Land Use designation. BACKGROUND: In 2002, general amendments to the County's Future Land Use Map were processed in conformance with a grant awarded to the County by the Florida Communities Trust (FCT) program. The FCT program assists communities in protecting important natural resources, providing recreational opportunities and preserving Florida's traditional working waterfronts through the competitive criteria in the Parks and Open Space Florida Forever Grant Program. These local land acquisition grant programs provide funding to local governments to acquire land for parks, open space, greenways and projects supporting Florida's seafood harvesting and aquaculture industries. The source of funding for FCT comes from Florida Forever proceeds. Once land is acquired through a FCT grant, one of the obligations of the grantee is to change the Future Land Use designation to a category dedicated to open space, conservation or outdoor recreation use such as Conservation Public or CPUB. Since 2002, the County has continued to acquire land through FCT grants and is proposing to change the Future Land Use designation for Darcels acauired with this arant program to CPUB. Planning and Zoning Commission Ordinance 12-019 CPUB FLUMA September 27, 2012 Page 2 and/or recreational use. No residential or commercial development may occur other than that typically related to park service and security functions." The CPUB Future Land Use designation is associated with the least amount of impacts on public infrastructure and neighboring private property. Any change in Future Land Use designation to CPUB is considered a decrease in potential impacts. Compliance with the Comprehensive Plan: The proposed amendments to the Future Land Use Map are not in conflict with any portion of the St. Lucie County Comprehensive Plan. The proposed amendments further Policy 1.1.3.1 that calls for protection of areas designated for conservation purposes or that contain other special environmental habitat as identified by the Comprehensive Plan. Compliance with State Statutes: The proposed amendments to the Future Land Use Map contain both small-scale and large- scale amendments. Parcels larger than 10 acres are considered large-scale amendments and are subject to review by the State Department of Economic Opportunity (DEO). Parcels less than 10 acres in size are considered small-scale amendments, and not subject to review by the State DEO division of Community Planning. Neither the small or large-scale amendments are anticipated to have impacts to important state resources. Furthermore, the proposed amendments are being processed in accordance with a FCT grant administered by the Florida Department of Environmental Protection. Public Infrastructure Impacts: The proposed amendments to the Future Land Use Map are associated with the least amount of impacts on public infrastructure and neighboring private property. Any change in Future Land Use to CPUB is considered a decrease in potential impacts from the original Future Land Use designation. There are no anticipated increases in impacts to public facilities associated with these amendments. The proposed amendments may enhance the level of service for park facilities due to the increase of potential Park and Recreational amenities. Public Notice: Per Section 11.00.03 of the Land Development Code (LDC), a sign is required to be posted on properties for zoning or Future Land Use amendments. However, this posting of notice is not required by Florida Statutes, and according to the County's LDC, the lack of posting a sign notice does not invalidate the amendment process. Given that the County is proposing to change the Future Land Use designation of 2,190.71 acres on 102 parcels of public property, posting of a sign on each parcel would be prohibitive in terms of time and expense. In addition, some of the effected parcels have no public access so posting a sign on the property would serve no practical purpose. In the past, the County has processed large-scale amendments without signs, the TVC being an example. Advertisement for amendments to the Future Land Planning and Zoning Commission Ordinance 12-019 CPUB FLUMA September 27, 2012 Page 3 RECOMMENDATION: Staff recommends that Ordinance 12-019 be forwarded to the Board of County Commissioners with a recommendation for approval. ATTACHMENTS: • Ordinance 12-019 containing a spreadsheet identifying the County owned parcels to be amended to CPUB Future Land Use designation with an associated map geographically depicting the parcels' locations. Planning and Zoning Commission Ordinance 12-019 CPUB FLUMA September 27, 2012 Page 4 Suggested motion to recommend approval/denial of this request: MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION OF ST. LUCIE COUNTY RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVE PROPOSED ORDINANCE 12-019 FOR AMENDMENTS TO THE FUTURE LAND USE MAP FOR PUBLIC PROPERTY TO THE CONSERVATION PUBLIC (CPUB) LAND USE DESIGNATION BECAUSE.... [CITE REASON(S) WHY — PLEASE BE SPECIFIC] MOTION TO DENY: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION OF ST. LUCIE COUNTY RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DENY APPROVAL OF PROPOSED ORDINANCE 12-019 FOR AMENDMENTS TO THE FUTURE LAND USE MAP FOR PUBLIC PROPERTY TO THE CONSERVATION PUBLIC (CPUB) LAND USE DESIGNATION BECAUSE.... 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 ORDINANCE NO. 12-019 FILE NO.: FLUMA - 820124544 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA, TO AMEND THE ADOPTED COMPREHENSIVE PLAN FUTURE LAND USE MAP FOR 102 PARCELS OF LAND OWNED BY ST. LUCIE COUNTY, TO CPUB (CONSERVATION PUBLIC); PROVIDING FINDINGS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF STATE; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR ADOPTION. 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: St. Lucie County has initiated amendments to the Future Land Use Map for 102 parcels totaling 2,190.71 acres (M.O.L.) of public property to the Conservation Public (CPUB) Future Land Use designation consistent with the intended use of the public properties and Chapter 163, Florida Statutes; and 2. The Board of County Commissioners of St. Lucie County as the governing body of St. Lucie County having jurisdiction over this application pursuant to Chapter 163, Florida Statutes, is authorized and empowered to consider amendments to the adopted Comprehensive Plan of St. Lucie County; and 3. On September 27, 2012, the St. Lucie County Planning and Zoning Commission/Local Planning Agency held a public hearing, of which due notice was published in the St. Lucie News Tribune, and recommended to the Board of County Commissioners that the petition for Future Land Use Map Amendments be approved/denied; and 4. On , 2012, the Board of County Commissioners of St. Lucie County, Florida held a public hearing, of which due notice was placed in the St. Lucie News Tribune, and deemed the adoption of the amendments to the Comprehensive Plan to be in the best interests of the citizens and residents of the County. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: 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 Ordinance No. 12-019 File No.: FLUMA-820124544 Page 2 B. FINDING OF CONSISTENCY The Board of County Commissioners of St. Lucie County, Florida, specifically determines that the approval of this amendment to the adopted Comprehensive Plan Future Land Use Element is internally consistent with the goals, objectives and policies contained in the St. Lucie County Comprehensive Plan and provides for the recognition that impacts of this approval on the public facilities of St. Lucie County will not occur until such time as a Final Development Order for development on this property is issued. C. CHANGE TO FUTURE LAND USE MAP The St. Lucie County Planning and Development Services Director is hereby authorized and directed to cause this change to be made in the Future Land Use Map of the Future Land Use Element of the St. Lucie County Comprehensive Plan and to make notation of reference to the date of adoption of this Ordinance. D. 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. E. 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 provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property or circumstance. APPLICABILITY OF ORDINANCE This Ordinance shall be applicable as stated in Paragraphs A, B and C. G. FILING WITH THE DEPARTMENT OF STATE The Clerk is hereby directed forthwith to send a certified copy of this Ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. H. FILING WITH THE DEPARTMENT OF ECONOMIC OPPORTUNITY 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 A Ordinance No. 12-019 File No.: FLUMA-820124544 Page 3 EFFECTIVE DATE This Ordinance shall take effect thirty-one (31) days after adoption. If the Ordinance is challenged within thirty (30) days after adoption, the Ordinance shall not be effective until the State Land Planning Agency or Administration Commission respectively issues a final order finding the adopted amendment in compliance in accordance with Section 163.3184(10), Florida Statutes. J. ADOPTION After motion and second, the vote on this Ordinance was as follows: Chris Dzadovsky, Chairman XXX Tod Mowery, Vice -Chair XXX Paula Lewis, Commissioner XXX Chris Craft, Commissioner XXX Frannie Hutchinson, Commissioner XXX PASSED AND DULY ADOPTED this _day of ATTEST Deputy Clerk 2012. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA T Chairman APPROVED AS TO FORM AND CORRECTNESS County Attorney N C z a LULU L L Q W Z Z Q N J y Q c Jc_ A m C N E C N Z C d C N O U �O N N 04 Lo x N M m N �a E Z v a j o H Z N N p (n U IO.O.NSstUFda ScPtUE11E115,M2115[R I PPS TREASURE COAST NEWSPAPERS u EL LOCAL 'TEMBO' We are losing people fast fromlA and that makes it very hard +n —.L. +h. film h... if .'....hurt,, c w 0 U c N N 6 OL >u 0 .a Ee T 3 Ee c 0 s 3 a a m U c m E O a 8 C ED se or N 9 u `0 c a Us N N N� 3 I 0 N hua into the studio Their 4NMyXU J: Dperoasewnaua on the lug W� eUS tersasaQackagtelo tmemDWetom d tors. WIIB. el.o .ai 9� ro be damaged if p�I w moveesdies"Stersp d oredue He and Shiro might haryem.tm..kin otreW out the 2003 KIA SEDONA E) ruct!E. here Et ingloWe andri are andright;' %flour jui - - paddy For Udd. W"We - it. The Family, areald. "We are IU.Ing Peopleh,r, Super Nice Ven Hard ybod IE`,ESM d h.ultdthatm efilrelece oaYr pa ONLY ouleud, s courts ': IS Ek,'WIWam aid We $5.991 hopembringpwpleback. TheYwereterridc." COGGIN HONOA OF FORT PIERCE•B66-9B5d331 ,wwrnn.iU.nMeMi.n.rem.YO inip. IRIR 1110, N ore ST. LUCIE COUNTY PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY PUBLIC HEARING AGENDA September 27, 2012 UONCE HE uxD U.OW . OF Te oeUQ AIN. Or sL LWIE 000 -SHE poNSOOSn0x p000010eUHTEU1UaE LAND USE set A . pUs. beat' k: —o p°peeea '.0 W U. MU 6 - pmvdg W w""B..c pwti pl+watU e.wton� .Nl++.a.ro e. onnpw°a..ml.:I..b.U.w.t�a.." —IS meewi..,...P1 vm"O'Su"rc.w.pw I.. Lod! U. us, E, wErF m�. OrMinaw. NO.12-018 NESOLUTIONNO.12461 Se n0x 01 du So. 1. res OOU�NH�Les. oEes. SE tlT. wOE c.U.ES'To u. po.'resu o.-LO. .w.NpueneaLLvwc.upe.w.lc.unbc.mxnbrcn .amn M xme..c auw eml N.N w.z emi z W e wwype. nvpbnM� U.IN+b.CamrydYUl.eumMnaxm W rWeleNVee Vap MtOxpvm6mu'ry 41m.11 eeme ciup.M b w e.menebn pwI° FPUei E.Iw rw u:a angmbn..Ilg pmeraw e.rclmnq lu yJA'waumNmmm W.M:wmn.q.W MI99pwkuW.pe,Wes.:m.lOMlapmp.M Pars —P '.poUf.'sos.o aePYYY.IW pvrnYpup.xelunmlltq; SL Lece, Cowdy AGENDA REQUEST ITEM NO. VII-C DATE: 03/05/13 REGULAR PUBLIC HEARING (X) LEG. ( ) QUASI -JD (X) CONSENT () TO: BOARD OF COUNTY COMMISSIONERS PRESENTED BY: Britton Wilson SUBMITTED BY: Planning and Development Services Senior Plann� Department - Planning Division SUBJECT: Resolution 13-002 (FKA 12-161) — Rezonings to Conservation Public (CPUB) for 190 County -owned parcels. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: September 27, 2012 — The Planning and Zoning Commission unanimously recommended approval. RECOMMENDATION: Board approval of Resolution 13-002 (FKA 12-161) for a change in zoning to Conservation Public (CPUB) for 190 County -owned parcels. COMMISSION ACTION: ( ) APPROVED ( ) OTHER ( ) DENIED COORDINATION/SIGNATURES CONCURRENCE: Faye W. Outlaw, MPA County Administrator, ICMA-CM County Attorney (X) County Surveyor (X) AW Daniel S. McIntyre Ron Harris Planning and Development Services Department Planning Division MEMORANDUM TO: Planning and Zoning Commission THROUGH: Mark Satterlee, AICP, Planning & Development Services Director Leslie Olson, Planning Manager FROM: Britton Wilson, Senior PlanneW DATE: March 5, 2013 SUBJECT: Resolution 13-002 (FKA 12-161) — Rezonings to Conservation Public (CPUB) for 190 County -owned parcels. ITEM NO. VII-C This is a County initiated amendment to the official zoning atlas for 190 parcels totaling approximately 7,953.13 acres of public property to the Conservation Public (CPUB) zoning district. This rezoning is being processed concurrently with the large-scale Future Land Use Map Amendment to CPUB, Item VII-B. BACKGROUND: On December 7, 2004, the Board of County Commissioners adopted Resolution 04-210 approving general amendments to the County's official zoning atlas to be consistent with changes to the County's Future Land Use Map completed in 2002 related to the Florida Communities Trust grant. After reviewing Resolution 04-210 in early 2006, staff discovered that the resolution was never recorded in the public record and, therefore, never took effect. When staff further reviewed the background documentation for this resolution, a number of errors were identified. At staff's recommendation, the Board then rescinded Resolution 04-210 on April 8, 2008 to eliminate these errors. Staff is now processing these new amendments to address the 2004 intentions of the Board. Because of the number of properties affected, it has taken staff the last four years to gradually assemble all of the necessary documentation to revisit the amendments. Attached to this memo as "Exhibit A" of Resolution 13-002 is a spreadsheet and map Planning and Zoning Commission Resolution 13-002 CPUB RZ March 5, 2013 Page 2 Board approval of Resolution 13-002 (FKA 12-161) for a change in zoning to Conservation Public (CPUB) for 190 County -owned parcels. ATTACHMENTS: Resolution 13-002 containing a spreadsheet identifying the County owned parcels to be rezoned to CPUB with an associated map geographically depicting the parcels' locations. 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 Al RESOLUTION No. 13-002 FKA 12-161 091110 ,1 : —301i➢P5ZIN06■ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY AMENDING THE OFFICIAL ZONING ATLAS FOR 190 PARCELS OF LAND OWNED BY THE ST. LUCIE COUNTY TO CPUB (CONSERVATION PUBLIC). WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on testimony and evidence, including, but not limited to the staff report, has made the following determinations: 1. St. Lucie County has initiated amendments to the Official Zoning Atlas for 190 parcels totaling 7,953.13 acres (M.O.L.) of public property to the CPUB (Conservation Public) zoning district consistent with the intended use of the properties. 2. On September 27, 2012, the St. Lucie County Planning and Zoning Commission held a public hearing on the petition, of which due notice was published in the St. Lucie News Tribune and recommended that the Board of County Commissioners approve the change in zoning to CPUB (Conservation Public) zoning district. 3. On March 5, 2013, the Board of County Commissioners of St. Lucie County, Florida, held a public hearing of which due notice was published in the St. Lucie News Tribune. 4. The proposed change in zoning satisfies the requirements of Section 11.06.03 of the St. Lucie County Land Development Code and is consistent with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. 5. The proposed change in zoning is consistent with the existing and proposed use of property in the surrounding area. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The proposed amendments to the Official Zoning Atlas for 190 parcels totaling 7,953.13 acres (M.O.L.) of public property to the Conservation Public (CPUB) zoning district for property depicted in Exhibit "A" is approved. B. The Planning and Development Services Director is hereby authorized and directed to cause the change to be made on the Official Zoning Atlas of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this Resolution. 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 Resolution No. 13-002 File No.: RZ 820124543 Page 2 E. After motion and second, the vote on this Resolution was as follows: Tod Mowery, Chairman XXX Frannie Hutchinson, Vice -Chair XXX Chris Dzadovsky, Commissioner XXX Paula Lewis, Commissioner XXX Kim Johnson, Commissioner XXX PASSED AND DULY ADOPTED this 5th day of March, 2013. ATTEST Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA m Chairman APPROVED AS TO FORM AND CORRECTNESS County Attorney Resolution No. 13-002 File No.: RZ 820124543 Page 3 Exhibit "A" Legal Descriptions and Zoning Maps Map -Area ParcellD Legal Description Acres 1-1 1103-211-0001-0004 3 34 37 FROM SE COR OF SEC RUN WALG S U OF SEC 3360.65 FT FOR FOR, TH CONT W ALG SD S U 623.40FT TO NELY R/W SUNSHINE STATE PARKWAY, TH N 51 DEG 23 MIN 11 W ALG SD NELY R/W 1647.58 FT TO W LI OF SEC, TH N ALG SD W LI 4178.59 FT TO NW CDR OF SEC, TH EALG N LI OF SEC 2099 FT M/L, TH S02 DEG 18 MIN 37 SEC W 5405 FT M/L TO POB 237.1 1-2 1104-111-0001-0000 4 34 37 FROM SE COR SEC RUN N 1021.41 FT FOR POB, TH N 51 DEG 23 MIN 11 SEC W 4883.98 FT TO PCOF CIR CURVE TO LEFT HAVING R 5929.58 FT AND CA 16 DEG 17 MIN 02SEC, TH RUN NWLY ON ARC OF CURVE 1685.23 FT TO W SEC LI, TH N 265.97 FT TO NW COR SEC, TH E TO NE COR SEC, TH S 4178.59 FT TO POB 287.02 1-3 1110-212-0001-0009 10 34 37 FROM NE CDR OF SEC RUN W ALG N U OF SD SEC 3360.65 FT FOR POB, TH CONT W ALG SD N LI 623.40 FT TO NELY R/W SUNSHINE STATE PARKWAY, TH S 51 DEG 24 MI N38 SEC E ALG SD NELY R/W 787 FT, TH N 02 DEG 18 MIN 37 SEC E 484.50 FT M/L TO POB 3.89 2-4 1311-210-0000-0003 1134 39 NE 1/4 OF NW 1/4 (1) 40.86 2-5 1311-230-0000-0005 1134 39 SW 1/4 OF NW 1/4-LESS W95 FT FOR RD AND CANAL R/W 37.8 2-6 1311-240-0000-0006 1134 39 SE 1/4 OF NW 1/4 40.53 3-8 1404-110-0002-0005 4 34 40 GOVT LOT 2 0.23 4-9 1313-502-0001-0002 HOLIDAY PIN ES S/D-PHASE III- TRACTG 8.99 4-10 1313-502-0001-0105 HOLIDAY PINES S/D-PHASE III -TRACT F 0.53 5-12 1407-411-0005-0009 7 34 40 THAT PART OF SEC MPDAF: E 1/2 OF SE 1/4-LESS W 30 FT AND LESS N 60 FT AND LESS E 60 FT AND LESS S 30 FT AND LESS W 30 FT OF E 1/2 OF E 1/2 OF SE 1/4 AND LESS E 30 FT OF W 1/2 OF E 1/2 OF SE 1/4 AND LESS S 30 FT OF SW 1/4 OF NE 1/4 OF SE 1/4 AND LESS N30 FT OF NW 1/4 OF SE 1/4 OF SE 1/4 AND LESS N 30 FT OF NW 1/4 OF NE 1/4 OF SE 1/4 OF SE 1/4 AND LESS S 30 FT OF N 1/2 OF NE 1/4 OF NE 1/4 OF SE 1/4 OF SE 1/4 AN D LESS N 30 FT OF 5 1/2 OF 5 1/2 OF SE 1/4 OF N E 1/4 OF SE 1/4 67.9 5-13 1407-421-0005-0000 7 34 40 N 1/2 OF NE 1/4 OF NE 1/4 OF NW 1/4 OF SE 1/4-LESS E 30 FT AN D LESS N 60 FT 0.72 5-14 1407-421-0010-0008 7 34 40 S 1/2 OF NE 1/4 OF N E 1/4 OF NW 1/4 OF SE 1/4-LESS E 30 FT 1.2 5-15 1407-421-0015-0003 7 34 40 N 1/2 OF NW 1/4 OF NE 1/4 OF NW 1/4 OF SE 1/4-LESS W 30 FT AND LESS N 60 FT 0.71 5-16 1407-421-0020-0001 7 34 40 S 1/2 OF NW 1/4 OF NE 1/4 OF NW 1/4 OF SE 1/4-LESS W 30 FT 1.2 5-17 1407-421-0025-0006 7 34 40 N 1/2 OF SW 1/4 OF NE 1/4 OF NW 1/4 OF SE 1/4-LESS W 30 FT 1.21 5-18 1407-421-0030-0004 7 34 40 S 1/2 OF SW 1/4 OF NE 1/4 OF NW 1/4 OF SE 1/4 1.28 5-19 1407-421-0035-0009 7 34 40 N 1/2 OF SE 1/4 OF NE 1/4 OF NW 1/4 OF SE 1/4-LESS E 30 FT 1.2 5-20 1407-421-0040-0007 7 34 40 S 1/2 OF SE 1/4 OF NE 1/4 OF NW 1/4 OF SE 1/4-LESS E 30 FT 1.19 5-21 1407-424-0005-0009 7 34 40 N 1/2 OF NE 1/4 OF SE 1/4 OF NW 1/4 OF SE 1/4-LESS E 30 FT 1.17 5-22 1407-424-0010-0007 7 34 40 S 1/2 OF NE 1/4 OF SE 1/4 OF NW 1/4 OF SE 1/4-LESS E 30 FT 1.15 5-23 1407-424-0015-0002 7 34 40 N 1/2 OF NW 1/4 OF SE 1/4 OF NW 1/4 OF SE 1/4-LESS W 30 FT 1.16 5-24 1407-424-0020-0000 7 34 40 S 1/2 OF NW 1/4 OF SE 1/4 OF NW 1/4 OF SE 1/4-LESS W 30 FT 1.15 5-25 1407-424-0025-0005 73440N 1/2 OF SW 1/4 OF SE 1/4 OF NW 1/4 OF SE 1/4-LESS W30 FT 1.18 5-26 1407-424-0030-0003 7 34 40 S 1/2 OF SW 1/4 OF SE 1/4 OF NW 1/4 OF SE 1/4-LESS W 30 FT AND LESS S 30 FT 0.92 5-27 1407-424-0035-0008 7 34 40 N 1/2 OF SE 1/4 OF SE 1/4 OF NW 1/4 OF SE 1/4-LESS E 30 FT 1.18 5-28 1407-424-0040-0006 7 34 40 S 1/2 OF SE 1/4 OF SE 1/4 OF NW 1/4 OF SE 1/4-LESS E 30 FT AND LESS S 30 FT 0.92 5-29 1407-431-0005-0001 7 34 40 N 1/2 OF NE 1/4 OF NE 1/4 OF SW 1/4 OF SE 1/4-LESS E 30 FT AND LESS N 30 FT 0.93 5-30 1407-431-0010-0009 7 34 40 S 1/2 OF NE 1/4 OF NE 1/4 OF SW 1/4 OF SE 1/4-LESS E 30 FT 1.14 5-31 1407-431-0015-0004 7 34 40 N 1/2 OF NW 1/4 OF NE 1/4 OF SW 1/4 OF SE 1/4-LESS N 30 FT AND LESS W 30 FT 0.93 5-32 1407-431-0020-0002 7 34 40 S 1/2 OF NW 1/4 OF NE 1/4 OF SW 1/4 OF SE 1/4-LESS W 30 FT 1.14 5-33 1407-431-0025-0007 7 34 40 N 1/2 OF SW 1/4 OF NE 1/4 OF SW 1/4 OF SE 1/4-LESS W 30 FT 1.15 5-34 1407-431-0030-0005 7 34 40 S 1/2 OF SW 1/4 OF NE 1/4 OF SW 1/4 OF SE 1/4-LESS W 30 FT 1.19 5-35 1407-431-0035-0000 7 34 40 N 1/2 OF SE 1/4 OF NE 1/4 OF SW 1/4 OF SE 1/4-LESS E 30 FT 1.14 5-36 1407-431-0040-0008 7 34 40 S 1/2 OF SE 1/4 OF NE 1/4 OF SW 1/4 OF SE 1/4-LESS E 30 FT 1.19 5-37 1407-434-0005-0000 7 34 40 N 1/2 OF NE 1/4 OF SE 1/4 OF SW 1/4 OF SE 1/4-LESS E 30 FT 1.17 5-38 1407-434-0010-0008 7 34 40 S 1/2 OF NE 1/4 OF SE 1/4 OF SW 1/4 OF SE 1/4-LESS E 30 FT 1.2 Map -Area Parcel ID Legal Description Acres 6-46 1408-343-0002-0003 8 34 40 THAT PART OF SW 1/4 MPDAF: LOTS 1, 2, 7 AND TRACT 14 OF REVISED PLAT OF BLK A L W 12.52 HALBE LAND LYG SLY AND ELY OF FOL DESC LI: FROM SE COR TRACT 13 OF BLK A RUN SELY ALG W R/W LI OF US HWY 149.7 FT TO NE COR OF LOT 6 OF BLK A, TH W ALG N LI OF LOT 6 300 FT TO N W COR AND POB OF DESC U, TH CONT W ALG WILY PROLONGATION OF N U 335 FT, TH S // WITH SW LI OF LOT 7 70 FT M/L TOE EDGE OF EXISTING BORROW PIT, TH MEANDERING SELY AND SLY ALG E EDGE TO INT OF E EDGE AND SEDGE OF EXISTING BORROW PIT, TH S // WITH W LI OF LOT 7 TO S U OF BLK A AND END OF DESC LI: AND THAT PART OF S 1/2 OF SW 1/4 OF SE 1/4 OF SW 1/4 LYG W OF SR 4 (TOZOUR RD) AND THAT PART OF N 1/2 OF SW 1/4 OF SE 1/4 OF SW 1/4 LYG S OF US HWY 1-LESS RD R/W (TOZOUR RD) AND THAT PART OF SE 1/4 OF SW 1/4 MPFAF: PARCEL LYG W OF W R/W U OF US HWY 1 AND E OF W R/W LI OF TOZOUR RD AND N OF N R/W U OF TOZOUR RD 6-47 1408-701-0001-0004 8 34 40 HALBE-L W LAND LOT 1 AND LOT 7-LESS THAT PART LYG ELY OF FOL DESC U: FROM SE CDR OF 39.17 TRACT13 OF BLK A RUN W 300 FT TO SW COR OF TRACT 13, TH NWLY ALG W LIOF TRACTS 12 AND 13 422 FT TO NW COR OF TRACT 12, TH W 335 FT, TH SELY 471,70 FT // TO W U OF TRACTS 12 AND 13 TO POB OF DESC IT: RUN S // TO W U OF LOT 7 70 FT M/LTO E EDGE OF AN EXISTING BARROW PIT, TH MEANDERING ALG E EDGE SELY AND SLY TO INT OF E EDGEAND S EDGE OF EXISTING BARROW PIT, TH S // TO W U OF LOT 7 TO S LI OF BLK A AND END OF DESC U ALSO LYG S OF FOL DESC LI: FROM NE COR OF LOT 6 RUN W 300 FT TO POB OF DESC U, TH W 335 FT TO END OF DESC LI-LESS BEG AT SE CDR TRACT 13 W 300 FT, TH NWLY 422 FT, TH W 335 FT, TH SELY 417.70 FT, TH E 635 FT TO W R/W US HWY 1, TH NWLY 49.7 FT TO POB 7-48 1414-220-0003-0001 14 34 40 S 300 FT OF N 550 FT LYG E OF A1A WITH ALL RIP RTS AND LIT RTS 1.16 7-49 1414-340-0004-0007 14 34 40 N 400 FT OF S 800 FT OF GOVT LOT 3 LYG W OF A1A-LESS THAT PART ASSD IN QUEENS ISLAND 8.06 PRESERVE (PB 60-4) 7-50 1414-340-0006-0001 14 34 40 N 200 FT OF S 400 FT OF GOV LOT 3 LYG W OF A1A-LESS THAT PART AS50 IN QUEENS ISLAND 5.44 PRESERVE (PB 60-4) 7-51 1415-220-0008-0009 15 34 40 N 1/2 OF SEC -LESS N 660FT AND LESS S 1150 FT- ALL LYG W OF N/S WATERWAY DIVIDING SEC 59.2 15 7-52 1415-430-0001-0005 15 34 40 GOVT LOT 4 AND SE 1/4 OF SE 1/4-LESS THAT PART ASSESSED IN QUEENS COVE -UNIT 1 2.9 8-53 1416-222-0000-0002 16/17 34 40 FROM NW CDR OF NE 1/4 OF SEC 17 RUN E ALG SEC U 609.75 FT TO E R/W FEC RR FOR 105.35 POB, TH CONT E 2480 FT M/L TO INDRIV, TH SELY ALG RIV 1730 FT M/L TO N R/W M ICHIGAN ST, TH SWLY ALGSD R/W 2192 FT TO E R/W OF FEC RR, TH NWLY ALG R/W 2570.53 FT M/L TO POB-LESS N 50 FT 8-54 1417-122-0003-0009 17 34 40 THAT PART OF NW 1/4 OF NE 1/4 AND THAT PART OF S 1/2 OF NE 1/4 OF NW 1/4 LYG BTWN 13.23 OLD DIXIE HWY AND US 1 MPDAF: BEG NW CDR OF NE 1/4, TH S 1 DEG 42 MIN 12 SEC E 672.8 FT, TH N 89 DEG 42MIN 56 SEC W 242.3 FT TO E R/W US 1, TH SELY ALG R/W 539.15 FT, TH S 89 DEG 38 MIN 04 SEC E 242.46 FT, TH N 24 DEG 16 MIN 34 SEC W 317.51 FT, TH S 89 DEG 38 MIN 04 SEC E 615.76 FTTO W R/W OLD DIXIE HWY, TH N 18 DEG 35 MIN24 SEC W 673.2 FT, TH N 89 DEG 46MIN 54 SEC W 117.37 FT, TH N 12 DEG 27 MIN 17 SEC W 245 FT TO N LI OF SEC, TH N 89 DEG 47 MIN 42 SEC W 342 FT TO POB 8-55 1417-122-0004-0006 17 34 40 THAT PART OF NW 1/4 OF NE 1/4 LYG BTWN FEC RR AND OLD DIXIE HWY-LESS TO SCHOOL 1.1 8-55a 1417-131-0001-0003 17 3440 THAT PART OF S 1/2 OF NE 1/4 LYG BTWN FEC RR AND OLD DIXIE HWY-LESS SLY 800 FT 0.83 8-55b 1417-134-0002-0009 17 34 40 FROM NE COR OF N 775 FTOF S 800 FT OF THAT PART OF NE 1/4 LYG BTWN OLD DIXIE HWY 0.01 AND US 1, RUN E 32 FT TO E R/W OF OLD DIXIE HWY FOR POE, TH RUN SELY ALG E R/W 2457 FT, TH RUN E 4 FT, TH NWLY ALG W R/W OF FEC RR 2415 FT TO A PT 93 FT DUE E OF POE, TH W 93 FTTO POB- LESS N 775FT AND LESS THAT PART LYG WITHIN INDRIO UNIT ONE AS IN PB 5-42 8-56 1417-132-0001-0006 17 34 40 THAT PART OF S 1/2 OF NE 1/4 LYG W OF US 1-LESS S 800 FT 0.35 8-57 1417-133-0001-0009 17 34 40 W 409 FT OF FOL DESC PROP: S 800 FT OF E 579 FT OF SE 1/4 OF NW 1/4-LESS E 12.09 FT OFN 7.6 300 FT AND LESS INDRIO RD R/W 8-58 1417-212-0001-0001 17 34 40 N 1/2 OF N 1/2 OF NE 1/4 OF NW 1/4 LYG W OF ST RD 4 (TOZOUR RD) AND E 1/2 OF W 1/2 OF 64.58 NW 1/4 AND SE 1/4 OF NW 1/4-LESS TRACT TO WEINER AND LESS TRACTTO HEDAL Al LESS E 579 FT Map -Area ILegal Description Acres 8-61 1417-300-0000-0004 A PARCEL OF LAND LYING IN SECTION 17, T-34-S, R-40-E, ST. LUCIE COUNTY, FLORIDA, SAID PARCEL 125.63 (part of) BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE INTERSECTION OF THE WEST LINE OF SECTION 17 AND THE SOUTH RIGHT OF WAY LINE OF INDRIO ROAD, THENCE NORTH 89'51'18" EASTALONG THE SOUTH RIGHT OF WAY LINE OF INDRIO ROAD A DISTANCE OF 2371.13 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF ALVARADO AVENUE; THENCE SOUTH 22°39'05" EAST ALONG THE WESTERLY RIGHT OF WAY LINE OF ALVARADO AVENUE A DISTANCE OF 731.74 FEET TO A POINT ON THE EAST LINE OF THE SOUTHWEST ONE - QUARTER OF SAID SECTION 17; THENCE SOUTH 00'01'51" W EST ALONG THE EAST LINE OF SAID SOUTHWEST ONE -QUARTER A DISTANCE OF 1644.11 FEETTO A POINTON THE NORTH LINE OF THE SOUTH ONE-HALF OF THE SOUTHWEST ONE -QUARTER OF THE SOUTHWEST ONE -QUARTER OF THE SOUTHEAST ONE -QUARTER; THENCE SOUTH 89'04'20" EAST ALONG THE NORTH LINE OF THE SOUTH ONE-HALF OF THE SOUTHWEST ONE -QUARTER OF THE SOUTHWEST ONE -QUARTER OF THE SOUTHEAST ONE -QUARTER A DISTANCE OF 684.48 FEET TO A POINT ON THE EAST LINE OF THE SOUTH ONE-HALF OF THE SOUTHWEST ONE -QUARTER OF THE SOUTHWEST ONE -QUARTER OF THE SOUTHEAST ONE - QUARTER; THENCE SOUTH 00`03'41" WEST ALONG THE EAST LINE OF THE SOUTHWEST ONE -QUARTER OF THE SOUTHWEST ONE -QUARTER OF THE SOUTHEAST ONE -QUARTER A DISTANCE OF 335.31 FEET TO A POINT ON THE SOUTH LINE OF SAID SECTION 17; THENCE NORTH 89'11'09" WESTALONG THE SOUTH LINE OF SAID SECTION A DISTANCE OF 2316.12 FEET; THENCE NORTH 23°08'33" WESTA DISTANCE OF 133.92 FEET; THENCE NORTH 09°24'19" WEST A DISTANCE OF 1090.19 FEET; THENCE NORTH 26°20'47" WEST DISTANCE OF 773.14 FEET; THENCE NORTH 31°14'34" WEST DISTANCE OF 860.10 FEET TO THE POINT OF BEGINNING 8-62 1417-433-0001-0000 17 34 40 BEG AT INT OF S LI OF SD SEC 17 AND WLY R/W US#1, TH NWLY AEG SD WLY R/W 701 FT M/L, 16.6 TH WLY 107 FT, TH SLY 2 FT TOPT LYG 631 FT N OF SW COR OF SECS/4 OF SE 1/4, TH WLY 1320 FT M/LTO W LI OF SW 1/4 OF SE 1/4, TH SLY AEG SD W LI TO PT LYG 315.5 FT N OF SW CDR OF SE 1/4, TH ELY 818.4 FT, TH SLY 315.5 FT TO S LISD SEC 17, TH ELY AEG SD S LI 905.2 FT M/L TO WLY R/W OF US 8-63 1417-433-0005-0008 17 34 40 FROM SW COR OF SE 1/4 OF SE 1/4 RUN W ON S LI 501.6 FTFOR POB, TH N 315.5 FT, TH W 1.11 158.4FT TO E LI OF SW 1/4 OF SW 1/4 OF SE 1/4, TH S 315.5 FT TO S SECLE TH E TO FOR 9-64 1418-111-0005-0002 18 34 40 THAT PART OF SEC MPDAF:NE1/4 OF NE 1/4 AND 1/2 OF NW 1/4 OF NE 1/4 AND E1/2 OF 104.89 SW 1/4 OF NE 1/4 AND SE 1/4 OF NE 1/4-LESS N 30 FT AND LESS W 30 FT AND LESS S 40 FT AND LESS W 30 FT OF E 1/4 OF NE 1/4 AND LESS E 30 FT OF W 1/2 OF E 1/2 OF NE 1/4 AND LESS W 30 FT OF W 1/2 OF E 1/2 OF NE 1/4 AND LESS E 30 FT OF W 1/4 OF E 3/4 OF NE 1/4 AND LESS W 30 FT OF W 1/4 OF E 3/4 OF NE 1/4 AND LESS S 30 FT OF E 3/4 OF N 1/2 OF NE 1/4 AND LESS N 30 FT OF E 3/4 OF S 1/2 OF NE 1/4 AND LESS W 150 FT OF SE 1/4 OF SW 1/4 OF SE 1/4 OF NE 1/4 10-65 1420-111-0025-0005 20 34 40 THAT PART OF NE 1/4 OF NE 1/4 LYG W OF US 1 21.57 10-66 1420-121-0001-0002 A PARCEL OF LAND LYING IN SECTION 20, T-34-5, R-40-E, ST. LUCIE COUNTY, FLORIDA; SAID PARCEL 125.43 (part of) BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SAID SECTION 20, THENCE SOUTH 89°11'9" EAST ALONG THE NORTH LINE OF SAID SECTION 20 A DISTANCE OF 1036.31 FEETTOTHE POINT OF BEGINNING; THENCE CONTINUE ALONG THE NORTH LINE OF SECTION 20 SOUTH 89"11'9" EASTA DISTANCE OF 2965.97 FEET TO THE NORTHEAST CORNER OF THE WEST ONE-HALF OF THE NORTHEAST ONE - QUARTER OF SAID SECTION 20; THENCE SOUTH 0'1'18" WEST ALONG THE EAST LINE OF THE WEST ONE HALF OF THE NORTHEAST ONE -QUARTER A DISTANCE OF 2659.83 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST ONE -QUARTER OF SAID SECTION 20; THENCE NORTH 89"25'53" WEST ALONG THE SOUTH LINE OF THE NORTHEAST ONE -QUARTER A DISTANCE OF 1216.06 FEET, THENCE NORTH 31'30'27" WEST DISTANCE OF 997.11 FEET; THENCE NORTH 25`25'36" WEST DISTANCE OF 185.11 FEET, THENCE NORTH 13°14'26" WEST DISTANCE OF 230,47 FEET; THENCE NORTH 49"11'6" WEST DISTANCE OF 191.81 FEET; THENCE NORTH 35-43'12" WEST A DISTANCE OF 723.33 FEET; THENCE NORTH 39°28'21" WEST A DISTANCE OF 581.26 FEET; THENCE NORTH 28°58'21" WEST DISTANCE OF Map -Area Parcel ID ILegal Description Acres 10-66a 1420-311-0001-0005 A PARCELOF LAND LYING IN SECTION 20, T-34-5, R-40-E, ST. LUCIE COUNTY, FLORIDA; SAID PARCEL. 126.04 (part of) BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHEAST CORNER OF SAID SECTION 20, THENCE NORTH 89"45'4" WEST ALONG THE SOUTH LINE OF SAID SECTION 20 A DISTANCE OF 1537,68 FEET; THENCE NORTH 24" 14'46" WEST DISTANCE OF 1335.09 FEET; THENCE NORTH 25°41'01" WEST A DISTANCE OF 387.61 FEET; THENCE NORTH 17"16'53" WEST A DISTANCE OF 502.66 FEET; THENCE NORTH 00-58'46" EAST A DISTANCE OF 312.03 FEET; THENCE NORTH 46°00'16" EAST A DISTANCE OF 426.22 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST ONE -QUARTER (SEY) OF SAID SECTION 20; THENCE SOUTH 89`25'53" EAST ALONG THE NORTH LINE OF THE SOUTHEAST ONE -QUARTER (SEY,) A DISTANCE OF 2096.48 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST ONE -QUARTER (SEX) OF SAID SECTION 20; THENCE SOUTH 00"06'38" WEST ALONG THE EAST LINE OF SAID SOUTHEAST ONE -QUARTER A DISTANCE OF 2640.52 FEET TO THE POINT OF BEGINNING. 11-67 1422-112-0000-0003 22 34 40 GOVT LOTS 1 AND 2- LESS THAT PART ASSESSED AS PART OF BILKS 6 AND 8 QUEENS COVE- 122.11 UNIT ONE AND LESS THAT PART ASSESSED AS BLK 21, QUEENS COVE UNIT TWO 11-68 1423-130-0021-0005 23 34 40 THAT PART OF N 100 OF S 300 FT OF GOVT LOT 1 MPDAF: FROM SW COB OF TRACT C OF 3.8 WATERS EDGE S/D (PB 36-11),TH S 89 34 50 W 45.78 FT TO POB; TH CONT 5 89 34 50 W 1734.85 FT TO W LI OF GOVT LOT 1,TH N 0148 23 E AEG W U 100.08 FT,TH N 89 34 50 E 1694.35 FT,TH S 17 04 01 E 58.84 FT,TH S 23 33 11 E 38.62 FT,TH 5 29 55 50 E 9.31 FT TO POB 11-69 1423-130-0023-0102 23 34 40 N 100 FT OF 5 200 FT OF GOVT LOT 1 LYG W OF MHW LI OF FORT PIERCE CUT 3.98 11-70 1423-130-0025-0106 23 34 40 S 100 FT OF GOVT LOT 1 LYG W OF MHW U OF FT PIERCE CUT 5.5 11-71 1423-220-0000-0008 23 34 40 GOVT LOT 2-LESS THAT PART ASSESSED IN QUEEN'S COVE ACCESS RD S/D AND LESS THAT 41.23 PART ASSD IN QUEENS COVE UNITS 2 AND 3 AND LESS THAT PART ADJ ON S OF LOT22 BLK 25 QUEENS COVE -UNIT 3, BNDED ON E BY W R/W QUEENS COVE ACCESS RD, ON S BY A U // WITH AND 896 FT N OF E-W SEC U AND ON W BY SLY EXT OF W BDRY OF SO LOT 22 11-72 1423-410-0004-0009 23 34 40 THAT PART OF N 600 FT OF FRACT SE 1/4 LYG W OF AIA-LESS THAT PART ASSESSED IN BONITA 8.43 ISLE UNIT 1 12-73 1423-440-0011-0004 23 34 40 TRIANGULAR SHAPED PARCEL OF LAND ADJ S SEC U MPDAF: BEG AT INT E U FT PIERCE CUT 1.57 AND S LI SEC 23 RUN E ON SEC U 750 FT M/LTO ARTIFICIAL WATERWAY, TH NWLY TO FT PIERCE CUT, TH SWLY MEANDERING SO FT PIERCE CUTTO FOR AS SHOWN ON PLAT OF COASTAL COVE -UNIT 1- IN PL BK 10-71 12-74 1423-440-0012-0001 23 34 40 BEG ON S U OF SEC AT PT 875.03 FT OF R/W OF AIA, TH CONT W ON S SEC U TO E SIDE 0.52 OF ARTIFICIAL WATERWAY, TH FOLLOW SO WATERWAY IN NWLY DIRECTION, TH ELY DIRECTION TO PT115 FT DUE N OF POB, TH S TO POB SHOWN ON PLAT OF COASTAL COVES -UNIT NO 1- PL BK 10-71- LESS E 450 FT OF N 90 FT 12-75 1423-440-0013-0008 23 34 40 FROM SW COR TRACT C COASTAL COVES -UNIT 1, AS IN PB 10-71 RUN N 25 FT FOR POB, TH W 0.2 100 FT, TH N 90 FT, TH E 100 FT, THIS 90 FT TO FOR 12-76 1423-440-0014-0005 23 34 40 FROM SW CDR TRACT C COASTAL COVES -UNIT 1, AS IN PB 10-71 RUN N 25 FT, TH W 100 FT 0.19 FOR POB, TH N 90 FT, TH W 100 FT, TH S 90 FT, TH E 100 FT TO FOR 12-77 1423-440-0015-0002 23 34 40 FROM SW COR TRACT C, COASTAL COVE- UNIT 1 AS IN PL BK10-71, RUN N 25 FT, TH W 200 FT 0.24 FOR POB, TH N 90 FT, TH W 125 FT, TH 5 90 FT, TH E 125 FT TO FOR 12-78 1423-440-0016-0009 23 34 40 FROM SW COR TRACT C COASTAL COVE -UNIT 1, AS IN PIE BK 10-71 RUN N 25 FT, TH W 325 FT 0.24 FOR POB, TH N 90 FT, TH W 125 FT, TH S 90 FT, TH E 125 FT TO POB 11-79 1423-506-0000-0108 OCEANIQUE OCEANFRONT CONDOMINIUM THAT PART OF CONDOMINIUM AND THAT PART OF N 100 9.86 FT OF 5 1200 FT OF GOVT LOT 1 OF SEC 23 34 40 LYG W OF STATE RD AIA MPDAF: FROM INT OF W RD R/W LI OF STATE RD AIA AND S LI OF N 100 FT OF S 1200 FT OF N 1/2 OF SEC, TH S 89 35 30 W 1014.89 FT TO POB; TH CONT 5 89 35 30 W 1238.11 FT TO W U OF GOVT LOT 1, TH N 0147 47 E AEG W U 400.29 FT, TH N 89 35 30 E 811,60 FT, TH 5 50 28 24 E 103.77 FT, TH S 62 42 40 E 109.32 FT, TH S 5105 52 E 61.56 FT, TH S 43 53 31 E 61.54 FT, TH S 38 15 35 E 153.78 FT, TH 5325832 E 65.65 FT, TH S 34 36 33 E Map -Area Parcel ID Legal Description Acres 11-80 1423-506-0000-0201 OCEANIQUE OCEANFRONT CONDOMINIUM THAT PART OF CONDOMINIUM AND THAT PART OF N 100 7.75 FT OF S 1200 FT OF GOUT LOT 10F SEC 23 34 40 LYG W OF STATE RD ALA MPDAF: FROM INT OF W RD R/W LI OF STATE RD A1A AND 5 U OF N 100 FT OF 5 1200 FT OF N 1/2 OF SEC, TH S89 35 30 W 198.38 - FT TO POB; TH CONT S 89 35 30 W 736.61 FT,TH N 37 42 06 W 19.97 FT, TH N 3617 23 W 125.34 FT,TH N 38 48 08 W 150.80 FT,TH N 39 43 48 W 49.75 FT, TH N 44 02 50 W 86.63 FT,TH N 7132 59 W 72.01 FT,TH N 56 03 58 W 70.91 FT,TH N 89 35 30 E 832.15 FT,TH S 12 34 58 E 41.33 FT,TH S 85 07 54 E 30.13 FT,TH S 7214 27 E 27.21 FT,TH S 37 38 55 E 26,89 FT,TH S 50 55 37 E 31.05 FT,TH S 16 47 40 E 38.18 FT,TH 5 68 5141 E 33.32 FT,TH N 70 05 32 E 30.63 FT, TH N 6156 37 E 42.06 FT, TH N 44 50 08 E 29.31 FT, TH N 35 42 06 E 33.97 FT, TH N 34 05 39 E 17.46 FT, TH N 010133 E 50.41 FT, TH N 893530E 105.21 FT TO W RD R/W LI OF STATE RD A1A, TH S 18 28 57 E ALG R/W LI 16.27 FT, TH S 48 29 03 W 88.35 FT, TH 5 53 19 28 W 28.34 FT, TH S 57 55 24 W 22.15 FT, TH S 67 07 47 W 33.35 FT, TH S 52 57 11 W30.53 FT, TH S 601142 W 13.80 FT, TH S 57 07 15 W 31.26 FT, TH S 52 58 55 W 8.44 FT, TH S 7244 58 E 15.05 FT, TH S 62 1158 E 1532 FT, TH N 47 4612 E 22.55 FT, TH N 69 39 21 E 15.38 FT, TH N 59 58 10 E18.09 FT, TH N 45 04 41 E 17.13 FT, TH N 59 33 24 E 34.55 FT, TH N 69 04 37 E 41.33 FT, TH S 0508 22 E 48.13 FT, TH S 44 22 43 E 36,91 FT, TH S 28 48 19 E 31.68 FT, TH S 49 38 48 W 60.19 FT, TH N 62 34 33 W 33.28 FT, TH S 84 09 25 W 34.85 FT, TH N 88 40 56 W 30.91 FT, TH N 65 46 09 W 35.17 FT, TH S 23 04 38 E 45.68 FT, TH S 4418 03 E 37.89 FT, TH S 33 42 36 W 47.98 FT, TH S 47 03 46 E 43.02 FT, TH S 39 12-81 1423-802-0003-0005 COASTAL COVES -UNIT 1- W 169.38 FT OF TRACT C 0.45 12-82 1423-802-0003-0108 COASTAL COVES -UNIT 1-TRACT C-LESS W 169.38 FT AND LESS THAT PART ASSESSED IN CALIFORNIA 1.23 EASTOR 349-439 AND LESS AS IN OR 393-1907 12-83 1426-120-0001-0007 26 34 40 GOV LOT 2-LESS W 10 AC 29.75 12-84 1426-120-OOOZ-0004 26 34 40 W 10 AC OF LOT 2 8.24 12-85 1426-130-0000-0001 26 34 40 LOT 3-LESS RIP RTS 35.15 12-86 1426-310-0000-0003 26 3440 GOV LOT 6 36.89 13-87 1428-602-0022-0005 HOGG'S S/D IN SEC 28-34-40 THAT PART OF LOT 4 LYG W OF ATANDT CO ESMT AND MEAS 750.2 FT ON 4.7 S LI OF SO LOT 4-LESS FROM NW COB OF SO SEC 28 RUN S 00 DEG 07 MIN 36 SEC W 993.37 FT TO FOR, TH CONT 5331.10 FT, TH S 89 DEG 47 MIN 55 SEC E 40.37 FT, TH N OO DEG 09 MIN O1 SEC E 218.65 FT TO PT ON CURVE CONCAVE ELY, R OF 854.93 FT, TH ALG SD CURVE 112,80 FT, TH N 89 DEG 50 MIN 08 SEC W 47.94 FT TO FOR 13-88 1428-602-0022-0108 HOGG'S S/D IN SEC 28-34-40 THAT 33 FT WIDE STRIP BEING A PART OF LOT 4 AND LYG W OF AND AD) 0.28 TO ENGBERS S/D AS IN PL BK 1-19 SUBJ TO ATT CO ESMT (AS PER HB 4029 EFF 10/1/98) 13-90 1428-602-0054-0008 HOGG'S S/D IN SEC 28-34-40 THAT PART OF LOT 20 LYG W OF C/L OF DITCH -LESS W 370 FT AND LESS 0.71 RD R/W- 13-91 1429-111-0001-0008 A PARCEL OF LAND LYING IN SECTION 29, T-34-S, R-40-E, ST. LUCIE COUNTY, FLORIDA; SAID PARCEL 39.99 (part of) BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT NORTHEAST CORNER OF SAID SECTION 29, THENCE SOUTH 0.7'35" WESTALONG THE EAST LINE OF SAID SECTION 29 A DISTANCE OF 546.15 FEET TO A POINT ON THE WESTERLY R/W LINE OF SR 615; SAID POINT BEING ON A CURVE CONCAVE SOUTHEASTERLY, HAVING A CHORD BEARING SOUTH 16oO5'59" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE, HAVING A RADIUS OF 1054.93 FEET, THROUGH A CENTRAL ANGLE OF 31053'56", AN ARC DISTANCE OF 587.32 FEET; THENCE SOUTH O0o09'01" WEST DISTANCE OF 289.71 FEET; THENCE SOUTH 89'50'59" EAST DISTANCE OF 20 FEET, THENCE SOUTH 04008'18" EAST A DISTANCE OF 33.79 FEET TO A POINT ON THE NORTH LINE OF AIRPORT INDUSTRIAL PARK, UNIT ONE, ACCORDING TO THE PLAT THEROF AS RECORDED IN PLAT BOOK 12, PAGE 40 OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; THENCE NORTH 89042'10" WEST ALONG THE NORTH LINE OF SAID AIRPORT INDUSTRIAL PARK, UNIT ONE, A DISTANCE OF 1187.06 FEET; THENCE NORTH 19039'12" EAST A DISTANCE OF 464.18 FEET; THENCE NORTH 6-42'36" WESTA DISTANCE OF 178.18 FEET; THENCE NORTH 21'9'40" WEST DISTANCE OF 141.32 FEET; THENCE NORTH 24"21'55" WEST A DISTANCE OF 380.98 FEET; THENCE NORTH 24002'57" WEST A DISTANCE OF Map -Area ILegal Description Acres 15-94 2326-411-0001-0006 26 35 39 NE 1/4 OF SE 1/4 LYG N OF TEN MILE CREEK -LESS THAT PART MPDAF: BEG NW CDR OF NE 1/4 8.63 OF SE 1/4 OF SEC RUN S 110.50 FT,TH ELY AT 122 DEG ANG 199.80 FT,TH NLY AT ANG OF 140 DEG 300 FT,TH NLY AT ANG OF 82 DEG 186 FT TO 1/4 SEC U,TH WLY ALG 1/4 LI 422.80 FT TO POB 15-95 2326-421-0001-0007 26 35 39 THAT PART OF NW 1/4 OF SE 1/4 LYG N AND E OF 10 MILE CREEK 6.52 15-96 2326-421-0002-0004 25 35 39 THAT PART OF NW 1/4 OF SE 1/4 LYG S AND. W OF 10 MILE CREEK MPDAF: FROM NW CDR OF 7.57 NW 1/4 OF SE 1/4 RUN E 284 FT FOR POB,TH 5 18 E 205 FT,TH S 46 E 240 FT,TH S 49 15 E 175 FT,TH S 49 30 E 45FT,TH S 3415 E 150 FT,TH N 75 45 E 55 FT,THS 53 E 133 FT,TH 5 9 E 100 FT,TH S 21 E 215 FT,TH S 68 E 160 FT,TH N 77 15 E 143 FT TO E SIDE OF NW 1/4 OF SE 1/4,TH N TO 10 MILE CREEK,TH MEANDER CREEK NLY AND WLY TO N LI OF NW 1/4 OF SE 1/4,TH W TO POB 15-96a 2325-323-0001-0003 25 35 39 ALLTHAT PART OF S 1/2 OF NW 1/4 OF SW 1/4 LYG W OF TRNPK-LESS RD AND CANAL R/W 8.54 2412-421-0001-0001 12 35 40 GOVT LOT54AND 5 ANDTHAT LANDON W LYG BTWN 1887 MEANDER LI AND IND RIVERAND 141.77 FROM E 1/4 COR RUN N 88 DEG 10 MIN W ON S LI GOVT LOT 2 1321.2 FT FOR POB, TH S 437.3 FT TO US GOVT MEANDER LIOF 1887, TH N 42 DEG W 131.9 FT, TH N 64 DEG W 264 FT, TH N 235.5 FT TO WLY EXT OF S LI GOVTLOT 2, TH S 88 DEG 10 MIN W 325.7FT TO POB 2412-802-0036-0004 RE -PLAT OF SURFSIDE PLAZA -UNIT 1- BLK 2 LOT 16 0.17 2412-802-0087-0006 RE -PLAT OF SURFSIDE PLAZA -UNIT I-BLK5 LOTS 7 AND 0.35 k16102 2412-802-0134-0001 RE -PLAT OF SURFSIDE PLAZA -UNIT I-BLK7 LOTS 14 AND 15 0.35 2412-802-0153-0000 RE -PLAT OF SURFSIDE PLAZA -UNIT I-BLK8 LOT 13 0.17 2413-121-0001-0003 13 35 40 GOV LOT 2 PLUS ALLTHATLAND ABUTTING ON W TO RIV 76.43 2413-131-0001-0004 133540 GOVT LOT 3 AND ALLTHAT LAND ABUTTING WANDS TO RIV CONTAINED WITHIN WLY EXT OF 105.05 NLIOFLOT3ANDSLYEXTOFELIOFLOT3 2413-411-0001-0003 13 35 40 E 6 ACRES OF FOL DESC TRACT: GOVT LOT 41NCLTHAT PART LYG WITHIN SLY EXT OF E-W LI 2 ANDS OF MEANDER LI OF GOVT SURVEY TO IND RIV AS IN DBK 221-521-LESS THAT PART ASSESSED IN SURFSIDE HARBOR 16-105 2413-411-0002-0000 13 35 40 GOVT LOT 41NCL THAT PART LYG WITHIN SLY EXT OF E-W U AND S OF MEANDER LI OF GOVT 13.03 SURVEY TO IND RIV AS IN DB 221-521-LESS THAT PART ASSESSED IN SURFSIDE HARBOR AND LESS E 6 ACRES 16-106 2413-501-0178-0000 SURFSIDE HARBOR BLK 11 LOTS 6, 17 AND 18 0.58 1&107 2413-501-0200-0004 SURFSIDE HARBOR BLK 12 LOTS 5, 6, 7, 8, 9, 10,11, 12, 13, 14, 15, 16, 17, 18, 19, 20 AND 21 3.46 16-108 2518-241-0004-0005 18 35 415 550 FT OF GOUT LOT 4 18.44 16-109 2518-311-0001-0008 18 35 41 N 550 FT OF GOVT LOTS 6 AND 7 LYG E OF A1A 19.4 16-110 2518-321-0020-0008 18 35 41 THAT PART OF GOVT LOT 7LYG W OF AlA AND N OF FOL DESC U; FROM NE COB GOVT LOT 6 13.11 RUN 5 0 DEG 39 MIN 53 SEC E 550 FT, TH S 89 DEG 47 MIN 46 SEC W 1321.63 FT TO POB OF SPEC DESC LI, TH 5 9DEG 33 MIN 38 SEC W 123.68 FT, THS 45 DEG 36 MIN 25 SEC W 320 FT TO END OF DESC LI 16-111 2518-422-0001-0009 18 35 41 N 550 FT OF GOVT LOT 5 4.06 17-112 2426-502-0004-0302 TINSEL'S S/D N 1/2 OF LOT 3 LYG W OF FEC RR 3.22 18-113 2429-234-0011-0002 29 35 40 FROM SW CDR OF SE 1/4 OF SW 1/4 OF NW 1/4 RUN E AEG 1/4 SEC LI 221 FT FOR POB, TH ON 0.96 ANG OF 91 DEG 49 MIN 04 SEC MEASFROM W TO N RUN 215.98 FT, TH N ON ANG OF 80 DEG 42 MIN MEAS FROM S TO E RUN ELY 169.03 FT, THON ANG OF 149 DEG 49 MIN 10 SEC MEAS FROM W TO S RUN SELY 70.94 FT, TH ON ANG OF 129 DEG 07 MIN 30 SEC MEAS FROM NW TO S RUN SLY136.58 FT TO 1/4 SEC LI, TH W ON 1/4 SEC LI 221 FT TO POB 18-114 2429-321-0004-0007 29 35 40 N 185 FT OF E 221.28 FTOF NE 1/4 OF NW 1/4 OF SW 1/4 0.98 18-115 2429-444-0014-0008 29/32 35 40 FROM NE CDR OF SEC 32 RUNS 0246 06 W 240.23 FT TO C/L OF ISOLA BELLA DR,TH N 69 1.96 40 54 W 175.97 FT,TH N 52 59 54 W 376.55 FT,TH N 37 0006 E 275 FT M/L TO C/L OF OLD FIVE MILE CREEK,TH SELY 360 FT M/L TO N LI SEC 32,TH N 85 1130E ALG SD SEC LI 70 FT M/L TO POB-LESS E 40 FT FOR HAWLEY RD R/W- SUBJECT TO COMMON ESMT OVER ISOLA BELLA DR BEING TRACTS E AND F 19-116 2430-313-0005-0003 30 35 40 BEG AT SE COR OF SW 1/4, TH N 89 DEG 57 MIN 57 SEC W 2674.14 FT TO S W COR OF SEC, TH 96.76 NO DEG 18 MIN 32 SEC W 1330.58 FTTO NW CDR OF SW I/4 OF SW 1/4, THN 89 DEG 40 MIN 25 SEC min ——•. r cvnew n v — a 1c 1n 1eon—E.n T. A. n 1m�94Al..] c.l w l cc OO Cr ', Map -Area Parcel ID Legal Description Acres 20-120 2433-501-0001-0104 PLATYS BRANCH THAT PART OF LOT 1 MPDAF: FROM SW COR OF LOT 1 RUN N 0012 45 W ALG W LI OF 98.7 LOT 1 123.43 FT,TH N 26 48 55 W ALG W LI OF LOT 247.33 FT TO N LI OF LOT 1,TH N 63 14 35 E ALG N LI 76.97 FT TO POB,TH CONT NELY ALG N U 108.28 FT TO NE COB OF LOT,TH S 12 5010 E ALG E LI OF LOT 50 FT,TH N 90 00 00 W 107.80 FT TO POB AND THAT PART OF SEC 33 35 40 MPDAF: 5 1/2 OF NE 1/4 LYG S AND W OF SUNRISE BV AND N OF C/L OF PLATTS BRANCH AND THAT PART OF S 1/2 OF NW 1/4 LYG E OF CANAL 071-LESS PENINSULA LYG E OF CANAL #71 AND BOUNDED ON S AND E BY C/L OF A NATURAL BRANCH OF STLUCIE RIV-AND THAT PART OF 5 1/2 LYG N AND E OF CANAL #71 AND N OF C/L OF PLATTS BRANCH -LESS RDS AND CANALS 21-121 2519-424-0001-0008 19 35 41 BEG AT INT OF S LI GOVTLOT 6 AND E R/W A1A, TH RUN N 18 DEG 39 MIN 15 SEC W ALG SD E 1.36 R/W 105.45 FT, TH N 89 DEG 51 MIN OB SEC E // TO S LI GOVT LOT 6 633.47 FT, TH S 0 DEG 08 MIN 52 SEC E 100 FT TO S U GOVT LOT 6, TH 5 89 DEG 51 MIN 08 SEC W ALG SD S LI 60O FT TO POB 21-122 2519-431-0002-0007 19 35 41 THAT PART OF GOVT LOT 7AND W 1/2 OF GOVT 8-LESS A1A AND LESS N 10O FT LYG E OF AlA 60.78 AND LESS THAT PART OF GOVT LOT 8 MPDAF: FROM PT OF INT N LI OF GOVT LOT 7 AND E R/W U OF A1A RUNN 89 5115 E ALG N U OF GOVT LOT 7 AND 8 855.97 FT TO NE COB OFW 1/2 OF GOVT LOT 8, 21-123 2519-441-0001-0001 19/20 35 41 E 1/2 OF GOVT LOT 8-LESS S 338 FT AND LESS THAT PART MPDAF: FROM N W COR OF E 1/2 6.53 OF GOVT LOT 8 RUN 5 00 22 48 ALG W LI OF E 1/2 OF GOVE LOT 8 360.53 FT TO POB: TH N 89 53 54 E 344.36 FT, TH S 1817 34 E 103.71 FT, TH 5 42 10 15 E 127.46 FT, TH N 89 52 19 E 278,61 FTTO MEAN HIGH WATER U OFATLANTIC OCEAN, TH 51630 E MEANDERING ALG HIGH WATER LI 30.15 FT, TH 5 20 4116 E93.03 FT, TH S 19 43 54 E 69.74 FT, TH 5202657 E 67.69 FT, TH 5233601 E 72.23 FT, TH S 22 26 00 E 65.84 FT, TH S 18 31 E 50.09 FT, TH S 89 52 19 W 895.31 FT TO W U OF E 1/2 OF GOVT LOT 8, TH N 00 22 48 W ALG W LI 613.36 FT TO FOR AND N 100 FT OF THAT PART OF GOVT LOT 7 AND N 100 FT OF THAT PART OF W 1/2 OF GOVT LOT 8 LYG E OF A1A (RD R/W) (8.45 AC) (MAP 25/195X) 21-124 2519-441-0002-0008 19 35 41 THAT PART OF GOVT LOT 8 OF SEC 19 MPDAF: FROM INT N LI OF GOVT LOT 7 AND E R/W LI OF 0.33 AlA RUNN 89 51 15 E ALG N U OF GOVT LOT 7 AND 8 855.97 FT TO NE COR OF W 1/2 OF GOVT LOT 8, TH S 00 2413 E ALG E LI 100 FT TO POB, TH CONT S 248.04 FT, TH S 89 52 50 W 59,20 FT, TH N 0017 59 E 248.02 FTTO S LI OF CTY RD R/W, TH N 895115E ALG 5 LI OF R/W 56.16 FTTO POB 21-125 2519-441-0003-0005 19/20 35 41 THAT PART OF E 1/2 OF GOVT LOT 8 MPDAF: FROM NW COR OF E 1/2 OF GOVT LOT 8 RUN 9.59 S 00 22 48 ALG W LI OF E 1/2 OF GOVE LOT 8 360,53 FT TO POB: TH N 89 53 54 E 344.36 FT, TH S 1817 34 E 103.71 FT, TH S 42 10 15 E 127.46 FT, TH N 89 5219E 278.61 FT TO MEAN HIGH WATER U OF ATLANTIC OCEAN, TH S 16 30 E MEANDERING ALG HIGH WATER U 30.15 FT, TH S 20 4116 E 93.03 FT, TH S 19 43 54 E 69.74 FT, TH S 20 26 57 E 67.69 FT, TH S 23 36 01 E 72.23 FT, TH S 22 26 00 E 65.84 FT, TH S 18 31 E 50.09 FT, TH 5 89 52 19 W 895.31 FT TO W LI OF E 1/2 OF GOVT LOT 8, TH N 00 22 48 W ALG W U 613.36 FT TO POB 21-126 2530-112-0001-0005 30 35 41 N 440 FT OF GOUT LOTS 1AND 2 LYG W OF AlA 16.43 21-127 2530-134-0001-0003 30 35 41 THAT PART OF GOVT LOTS 3 AND 4 LYG S OF FOL DESC U: FROM INT OF E U OF SEC 30 AND 25.09 SW LY RD R/W U OF A-1-A,THE S 00 0810 E ALG THE E U OF SEC 725 FT TO GOVT MEANDER LI,TH N 80 24 48 W ALG GOVT MEANDER U 655 FT,TH 5 74 2136 W 1110 FT M/L TO INDIAN RIVER AND END OF SPEC DESC U 22-126 2532-211-0001-0005 32 35 41 N 100 FT OF SEC LYG E OF AlA R/W AS IN OR 74-504 1.25 22-129 2532-211-0003-0009 32 35 41 S 300 FT OF N 400 FT OFGOVT LOT 1 LYG E OF AlA 3.16 22-130 2532-211-OD07-0007 32 35 41 THAT PART OF N 829.3 FTOF FRACT SEC LYG W OF AlA 2.7 22-131 2532-211-0020-0004 32 35 41 THAT PART OF N 1552.85 FT OF FRACT SEC LYG W OF ALA LESS N 829.3 FT 9.65 22-132 2532-211-0050-0003 32 35 41 N 3000 FT OF FRACT SEC LYG W OF AlA WITH RIP RTS-LESS N1552.85 FT 22.76 22-133 2532-803-0007-0004 WATERSONG SOUTH PUD PLAT NO, ONE (PB 53-1) TRACT 13.19 23-134 3123-211-0001-0002 23 36 37 W 1/2 324.74 23-135 3126-211-0001-0001 26 36 37 W 1/2 321.47 23-136 3135-111-0001-0208 35 36 37 THAT PART OF SEC MPDAF: BEG AT NW COB OF SEC, TH N 89 00 22 E ALG N U OF SEC 3955.65 104.58 FT, TH S 0216 32 E 1142.94 FT, TH S 89 00 32 W 3985.71 FT TO W LI OF SEC, TH N 00 46 07 W ALG W LI Map -Area ParcellD Legal Description Acres 24-141 3229-441-0001-0004 29 36 38 SE 1/4 OF SE 1/4 40.41 24-142 3232-111-0001-0000 32 36 38 NE 1/4 OF NE 1/4 39.65 24-143 3232-121-0001-0001 32 36 38 N 1/2 OF NW 1/4 OF NE 1/4 (LOT 11) 19.72 24-144 3232-121-0002-0008 32363851/2 OF NW 1/4 OF NE 1/4 (LOT 12) 19.63 24-145 3232-212-0001-0000 32 36 38 COM AT INT OF N LI OF SEC 32 AND E R/W LI OF GERMANY CANAL RD,TH S 0148 56 E 660.35 18.96 FT,TH 5 89 56 23 E 1320 FT TO POB:TH 5 89 56 23 E 1211.68 FT,TH N 0137 53 W 660.28 FT TO SD N U OF SEC 32,TH N 89 56 23 W ALG N LI 1213.81 FT,TH S 0148 56 E 660.35 FT TO POB 24-146 3232-222-0001-0001 32 36 38 FROM INT OF N LI OF SEC AND E R/W GERMANY CANAL RD RUN S 89 45 08 E 1320 FT,TH S 01 14.96 37 23 E // E R/W GERMANY CANAL RD 660.35 FT,TH N 89 45 08 W 1320 FT TO E R/W ,TH N 0137 23 W 660.35 FTTO POB-LESS PARCEL MPDAF: FROM INT OF N LI OF SEC AND E R/W GERMANY CANAL RD 25-147 3403-502-0024-0104 WHITE CITY S/D 03 36 40 W 1/2 OFLOT 9 N OF DITCH -LESS N 225 FT (LESS E 288.37 FT OF S 40 FT OF SD 5.16 N 225 FT AND LESS RD R/W) 25-148 3403-502-0107-0007 WHITE CITY 5/D 04 36 40 N 100 FTOF S 200 FT OF N 1200 FT OF THAT PART OF LOTS 621/2 AND 65 1/2 1.52 LYG E OF CANAL 71 AND 5 OF WLY EXT OF N U OF OUTLOT 14 25-149 3403-502-0109-0104 WHITE CITY S/D 04 36 40 N 29 FT OF 5 219 FT OF THAT PART OF LOT 65 1/2 LYG E OF CANAL 71 0.65 26-150 3403-502-0218-0008 WHITE CITY S/D 09 36 40 THAT PART OF LOTS 203, 204, 205 AND 207 LYG E OF DR DITCH #71 AND ALL 21.4 LOTS 208 AND 209 AND THAT PART OF SEC MPDAF: THAT PART OF N 10 ACRES OF SE 1/4 OF SW 1/4 LYG N & W OF ST LUCIE RIVER AND THAT PART OF N 10 ACRES OF SW 1/4 OF SW 1/4 LYG E OF DR CANAL 71-LESS THAT PART OF LOT 208 MPDAF: FROM INT OF C/L OF GARDENA ST & PARKLAND BV, TH S 89 54 23 W ALG C/L OF PARKLAND BV AND WLY EXT THEROF 1177.64 FT, TH S 0112 56 W 24.83 FT TO POB, TH TH S 88 47 04 E 10.55 FT M/L TO MHW LI OF ST LUCIE RIVER, TH MEANDERING ALG MHW LI SWLY AND SWLY 665,2 FT M/L, TH N 4152 45 E 217.31 FT M/L, TH S 45 4133 E 188.58 FT, TH 5 47 27 31 E56.48 FT, TH S 47 27 31 E84.63 FT, TH S 88 47 04 E TO POB 26-151 3403-502-0235-0003 WHITE CITY S/D 09 36 40 LOT 216-LESS THAT PART ASSESSED IN TOMLINSON'S UNRECORDED PLAT 4.9 (MAP34/095) 26-152 3403-502-0236-0000 WHITE CITY S/D 09 36 40 LOT 217 2.23 26-153 3403-502-0238-0604 WHITE CITY S/D 09 36 40 LOT 219 4.99 26-154 3409-311-0001-0006 9 36 40 N 5 AC OF NW 1/4 OF SE 1/4 AND N 5 AC OF NE 1/4 OF SW 1/4AND THAT PART OF NW 1/4 OF 4.75 SW 1/4 LYG E OF ST LUCIE RIV-LESS BEG NE COR LOT 12 BLK 1 RIVERDALE YACHT CLUB EST, RUN WLY ALG N LI SD S/D 1690.20 FT, TH NLY 185.5 FT TO C/L OF DITCH, TH ELY ALG SDC/L 1720.27 FT, TH SLY 172.10 FTTO POB 26-155 3409-311-0002-0003 9 36 40 FROM NE CDR LOT 12 BLK 1RIVERDALE YACHT CLUB EST RUN WLY ALG N U OF SO S/D 1335.3 FT 0.49 TO POB, TH CONT WLY 118.9 FT, TH NLY 183.7 FT TO C/L OF DITCH, TH ELY ALG SO C/L 118.90 FT, TH SLY 182,8 FTTO POB 26-156 3409-311-0006-0001 9 36 40 FROM NE COR LOT 12 BLK 1 RIVERDALE YACHT CLUB EST RUN WLY ALG N U SO S/D 1454.2 FT 1.01 TO POB, TH CONT WLY 236 FT, TH NLY 185.5 FTTO C/L OF DITCH, TH ELY 236.02 FT, TH SLY 183.7 FTTO 26-157 3409-344-0001-0008 9 36 40 E 1/2 OF N 10 AC OF S 15AC OF SW 1/4 OF SE 1/4 AND 5 AC ABUTTING SAME ON W TO RIV 7.55 26-158 3409-344-0001-0101 9 36 40 W 1/2 OF N 10 AC OF S 15AC OF SW 1/4 OF SE 1/4 AND 5 AC ABUTTING SAME ON W TO RIV 7.06 26-159 3409-502-0006-0203 PLAT SHOWING ADJUSTMENT OF PROPERTY LINES OF MOORE, ETC OF 9-36-405240 FTOF TRACT H- 5.86 LESS E 136.13 FT 26-160 3409-502-0007-0107 PLAT SHOWING ADJUSTMENT OF PROPERTY LINES OF MOORE, ETC OF 9-36-40 THAT PART OF TRACT J 10.6 MPDAF: FROM NE CDR OF SEC 9 RUN 5 89 45 09 W 1317.89 FT TO W U OF E 1/2 OF NE 1/4,TH 5 0016 24 E 2639,34 FT,TH N 89 4131 W 1623.41 FT,TH N 0212 00 W 443.24 FT TO POB:TH N 89 4131 W 1177.11 FTTO MHW LI OF ST. LUCIE RIVER,TH N 280007 W MEANDERING RIVER 71.85 FT,TH N 0352 41 W 41.07 FT,TH N 07 26 55 W 99.59 FT;TH N O6 30 36 E 86.29 FT,TH N 20 37 10 E 84.66 FT,TH N 3102 23 E 18.02 FT,TH 5 89 44 24 E 1162.85 FT,TH S 02 12 00 E 384.92 FT TO POB 26-161 3409-502-0008-0104 PLAT SHOWING ADJUSTMENT OF PROPERTY LINES OF MOORE, ETC OF 9-36-40 THAT PART OF TRACT) 11.62 AND L MPDAF: FROM NE COR OF SEC 9 RUN 5 89 45 09 W 1317.89 FT TO W LI OF E 1/2 OF NE 1/4, TH S nn 1 g OA C 9g1Q 1A CT TN N RQ Al Rt W 1 g9R dt CT Tn OnR• TH Cn NT N RQ d1 11 W 11 AR Si FT Tn Map -Area Parcel ID Legal Description Acres 26-165 3416-112-0007-0009 16 36 40 N 1/2 OF NW 1/4 OF NE 1/4-LESS R/W FOR SAEGER AV 20.09 26-166 3416-132-0001-0009 16364051/2 OF 1/20F SW 1/4 OF NE 1/4 LYG W OF ELY CHANNEL ST LUCIE RIV AND SW 1/4 OFSW 12.38 1/4 OF NE 1/4 27-167 3414-501-0907-1007 ST LUCIE GARDENS 24 36 40 BLK 1 N 165 FT OF S 495 FT OF LOT 7-LESS W 330 FT 1.29 28-168 3421-441-0000-0007 2136 40 THAT PART OF SE 1/4 OF SE 1/4 LYG N OF PRIMA VISTA BV, EOF ST LUCIE AND W OF CANAL 71 4.9 28-169 3422-313-0001-0003 22 36 40 BEG AT NW COB OF LOT 28RIVER PARK -UNIT 3- RUN S 01 DEG 32 MIN 26 SEC E ALG W Ll OF SO 0.66 LOT 28 94.61 FT TO PT ON NON -TANG CURVE CONC SLY, R OF 2964.79 FT, CA OF 01 DEG 29 MIN 56 SEC, TH WILY ALG ARC 77.56 FT, TH S 84 DEG 22 MIN W 192.26 FT, TH N 05 DEG 37 MIN 55 SEC W 143.79 FT TO SW COB OF LOT 24 RIVER PARK -UNIT 3-, TH S 85 DEG 17 MIN 55 SEC E ALG S U OF LOTS24, 25 AND 26 TO NW CDR OF LOT 28 AND POB 29-170 3509-211-0001-0006 9 36 41 S 300 FT OF N 736.71 FT LYG E OF AlA R/W AS IN OR 74-506, 507 AND 508 11.7 30-171 3521-141-0002-0007 21/22 36 41 TRACT OF LAND S U OF WHICH IS 8546.20 FT N OF S LIOF SEC 27 AND N U IS 9043.31 FT 10.31 NOT S LI OF SEC 27 AND BNDED ON W BY IND RIV AND ON E BY A1A AS IN OR 74-487 30-172 3522-231-0002-0006 A PARCEL OF LAND LYING IN SECTION 22, T-36-S, R-41-E, ST. LUCIE COUNTY, FLORIDA; SAID PARCEL 24.5 (part of) BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE POINT OF INTERSECTION OF THE WESTERLY RIGHT-OF-WAY LINE OF STATE ROAD A 1-A AND A LINE LYING 7295.02 FEET NORTHERLY OF, AS MEASURED AT RIGHT ANGLES AND PARALLEL TO THE SOUTH LINE OF SECTION 27, T-36-S, R-41-E; THENCE RUN NORTH 24"07'34" WEST ALONG SAID WESTERLY RIGHT-OF-WAY OF STATE ROAD A-1-A A DISTANCE OF 345 FEETTO THE POINT OF BEGINNING; CONTINUE NORTH 24"07'34" WEST ALONG SAID WESTERLY RIGHT-OF-WAY OF STATE ROAD A-1-A A DISTANCE OF 1030.06 FEET; THENCE RUN NORTH 89-3634" WEST A DISTANCE OF 455.35 FEET MORE OR LESS, TO THE APPROXIMATE SHORELINE OF THE INDIAN RIVER; THENCE MEANDER SAID SHORELINE SOUTHERLY, SOUTHWESTERLY AND SOUTHEASTERLY A DISTANCE OF 1800 FEET, MORE OR LESS, TO THE POINT OF INTERSECTION WITH A LINE BEARING NORTH 89`36'34" WEST FROM THE POINT OF COMMENCEMENT; THENCE RUN SOUTH 89-36'34" EAST A DISTANCE OF 706.05 FEET; THENCE RUN NORTH 30'05'57" WEST A DISTANCE OF 366.68 FEET, THENCE RUN NORTH 90-00'00" EAST A DISTANCE OF 430 FEET TO THE POINT OF BEGINNING Map -Area ILegal Description Acres 30-173a 3522-312-0003-0001 A PARCEL OF LAND IN SECTION 22, T-36-S, R-41-E, ST. LUCIE COUNTY, FLORIDA, SAID PARCEL BEING 10.27 (part of, W of AIA) MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PARCEL OF LAND BEING BOUNDED ON THE WEST BY EASTERLY MEAN HIGH WATER LINE OF THE INDIAN RIVER; AND BEING BOUNDED ON THE NORTH BY LINE PARALLEL TO AND 7295.02 FEET NORTH OF (AS MEASURED AT RIGHT ANGLES) FROM THE SOUTH LINE OF SECTION 27, T-36-S, R-41-E; AND BOUNDED ON THE SOUTH BY A LINE PARALLEL TO AND 6323.74 FEET NORTH OF (AS MEASURED AT RIGHT ANGLES) FROM THE SOUTH LINE OF SECTION 27, T-36-S, R-41-E; AND BEING BOUNDED ON THE EAST BY THE FOLLOWING DESCRIBED LINE: COMMENCING AT A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF STATE ROAD A-1-A, SAID POINT BEING ON A LINE PARALLEL TO AND 6323.74 FT NORTHERLY (MEASURED AT RIGHT ANGLES) FROM THE SOUTH LINE OF SECTION 27, T-36-S, R-41-E, THENCE SOUTH 89"59'O1" WEST ALONG SAID LINE A DISTANCE OF 520.24 FEET TO POINT OF BEGINNING OF THE HEREIN DESCRIBED LINE; THENCE NORTH 56`08'11" WEST DISTANCE OF 100.60 FEETTO A POINT OF CURVATURE OF A CURVE CONCAVE RIGHT, HAVING A RADIUS OF 50 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 34° 07'24" A DISTANCE OF 29.78 FEET TO A POINT OF TANGENCY; THENCE NORTH 22-00,47" WEST A DISTANCE OF 55.88 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE LEFT HAVING A RADIUS OF 50 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 28"26'18" A DISTANCE OF 24.82 FEET TO A POINT OF TANGENCY; THENCE NORTH 50°27'05" W A DISTANCE OF 193.52 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE RIGHT, HAVING A RADIUS OF 10 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 120°00'16" A DISTANCE OF 20.94 FEET TO A POINT OF TANGENCY; THENCE NORTH 69"33'11" EAST A DISTANCE OF 19.65 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE LEFT, HAVING A RADIUS OF 2 FT; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 117°31'15" A DISTANCE OF 4.10 FEET TO A POINT OF TANGENCY; THENCE NORTH 47"58'04" WEST A DISTANCE OF 44.30 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE RIGHT, HAVING A RADIUS OF 15 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 100"54'49" A DISTANCE OF 26.42 FEET TO A POINT OF TANGENCY; THENCE NORTH 52'56'45" EAST A DISTANCE OF 37.23 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE RIGHT HAVING A RADIUS OF 15 FT; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 77°48'33" A DISTANCE OF 20.37 FEET TO A POINT OF TANGENCY; THENCE SOUTH 49-14'41" EST A DISTANCE OF 118.44 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE LEFT HAVING A RADIUS OF 10 FEET, THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 141°45'40" A DISTANCE OF 24.74 FEET TO A POINT OF TANGENCY; THENCE NORTH 11°00'22" WEST DISTANCE OF 32.52 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE TO THE RIGHT HAVING A 30-173b 3522-312-0003-0001 A PARCEL OF LAND IN SECTION 22, T-36-S, R-41-E, ST, LUCIE COUNTY, FLORIDA, SAID PARCEL BEING 14.3 (part of, E of A1A) MORE PARTICULARLY DESCRIBED AS FOLLOWS: A PARCEL OF LAND BEING BOUNDED ON THE WEST BYTHE EAST RIGHT OF WAY LINE OF SR A-1-A; AND BOUNDED ON THE EAST BY THE MEAN HIGH WATER LINE OF THE ATLANTIC OCEAN; AND BEING BOUNDED ON THE NORTH BY A LINE PARALLELTO AND 7295.02 FEET NORTH OF (AS MEASURED AT RIGHT ANGLES) FROM THE SOUTH LINE OF SECTION 27, T-36-S, R-41-E; AND BOUNDED ON THE SOUTH BY A LINE PARALLELTO AND 6323.74 FEET NORTH OF (AS MEASURED AT RIGHTANGLES) FROM THE SOUTH LINE OF SECTION 27, T-36-S, R-41-E. Map -Area Parcel ID Legal Description Acres 31-174 3534-113-0004-0004 34 36 41 THAT PART OF S 2577.66 FT OF N 2858.86 FT OF FRACT SEC 34 AND 35 LYG W OF SR A1A 9.47 MPDAF: FROM INT S LI OF N 2858.86FT AND W R/W LI OF SR AlA RUN S 89DEG 59 MIN 36 SEC W ALG SD S LI 936.13 FT, TH N 00 DEG 00 MIN 22 SEC W 12.18 FT, TH N 12 DEG 59 MIN 41 SEC W 26.68 FT, TH N 31 DEG 26 MIN 23 SEC W 26.84 FT, TH N 07 DEG 36 MIN 42 SEC W 15.03 FT, TH N 20 DEG 49 MIN 45 SEC W80.99 FT, TH N 09 DEG 01 MIN 28 SEC W 17.21 FT, TH N 34 DEG 12 MIN 57 SEC W 15,12 FT, THN 00 DEG 23 MIN 26 SEC W 44 FT, TH N 21 DEG 45 MIN 06 SEC W 54.39 FT, TH N 00 DEG 00 MIN 00 SEC E 15.80 FT, TH N 22 DEG 34 MIN 51 SEC E 45.05 FT, TH N 11 DEG 35 MIN 32 SEC E 15.92 FT, TH N 03 DEG 46 MIN 11 SEC W 129.29 FT, THN 19 DEG 26 MIN 04 SEC W 56.20 FT, TH N 04 DEG 31 MIN 29 SEC E 27.89 FT, TH N 05 DEG 25 MIN 24 SEC W 63.48 FT, TH N 30 DEG 57 MIN 50 SEC W 14.58 FT, TH N 23 DEG 06 MIN 11 SEC W 70.46 FT TO POB, TH N 23 DEG 16 MIN 11 SEC W 67.11 FT, TH N 01 DEG 45 MIN 04 SEC E 47.72 FT, TH N 11 DEG 44 MIN 19 SEC E 39.32 FT, TH N 46 DEG 32 MIN 53 SEC W 39.26 FT, TH N OO DEG OO MIN OO SEC E 19 FT, TH N 64 DEG 46 MIN 44 SEC W 15.25 FT, TH N 31 DEG 56 MIN 41 SEC W 40:07 FT, TH N 06 DEG 37 MIN 57 SEC W 43.29 FT, TH N 11 DEG 18 MIN 36 SEC W 107.08 FT, THN 04 DEG 41 MIN 55 SEC W 36.62 FT, TH N 13 DEG 31 MIN 38 SEC E 35.48 FT, TH N 35 DEG 41 MIN 53 SEC E 16.62 FT, TH N 16 DEG 37 MIN 23 SEC E 36.0 FT, TH N 02 MIN47 MIN 50 SEC W 18.38 FT, TH N 57DEG 54 MIN 19 SEC 12.91 FT, TH N 34 DEG 43 MIN 29 SEC W 16.05 FT, TH N 04 DEG 19 MIN 06 SEC W 10.73 FT, TH N 20 DEG 12 MIN 49 SEC W 15.03 FT, TH N 04 MIN 51 MIN 19 SEC E 16.59 FT, TH N 07 DEG 31 MIN 38 SEC 15.25 FT, TH N 01 DEG 35 MIN 43 SEC E 15.09 FT, TH N 10 DEG 47 MIN 16 SEC E 20.71 FT, TH N 06 DEG 09 MIN 27 SEC E 37.77 FT, TH N 01 DEG 01 MIN 09 SEC W 31.77 FT, TH N 02 DEG 29 MIN 13 SEC W 63.34 FT, TH N O6 DEG 39 MIN 15 SEC W 28.48 FT, TH N 04 DEG 03 MIN 35 SEC E 14.54 FT, TH N 03 DEG 44 MIN 51 SEC E 19.66 FT, TH N 16 DEG 44 MIN 13 SEC W 21.33 FT, TH N 10 DEG 20 MIN 42 SEC 27.58 FT, TH N 09 DEG 18 MIN 16 SEC E 23.62 FT, TH N 06 DEG 51 MIN 52 SEC W 62.75 FT, THN 19 DEG 37 MIN 47 SEC W 80.37 FT, TH N 26 DEG 54 MIN 28 SEC W 15.38 FT, TH N 78 DEG 22 MIN 17 SEC W 177.33 FT, TH S 00 DEG 44 MIN 16 SEC W 62.05 FT, TH S 15 DEG 05 MIN 46 SEC W 123.25 FT, TH S 20 DEG 43 MIN 32 SEC W 39.56 FT, TH S 36 DEG 30 MIN 33 SEC W 60.34 FT, TH S 22 DEG 34 MIN 15 SEC W 35.95 FT, TH S 43 DEG 07 MIN 06 SEC W 53.84 FT, TH S 15 DEG 51 MIN 34 SEC W 45.74 FT, TH S 20 DEG 01 MIN 04 SEC W 42.36 FT, TH S 37 DEG 47 MIN 09 SEC W 33.78 FT, TH S 45 DEG 53 MIN 24 SEC W 86.49 FT, TH S 33 DEG 28 MIN 22 SEC W 43.88 FT, TH S 24 DEG 28 MIN 30 SEC W 76.03 FT, TH S 31 DEG 24 MIN 59 SEC W 41,25 FT, TH S 13 DEG 54 MIN 48 SEC W 113.12 FT, THS 19 DEG 24 MIN 19 SEC W 82.17 FT, TH 536 DEG 09 MIN 48 SEC W 68.13 FT, TH S 28 DEG 07 MIN 01 SEC W 63.68 FT, TH N 82 DEG 40 MIN 16 SEC E 118.46 FT, TH S 88 DEG 24 MIN 07 SEC E 275.22 FT, THS 75 DEG 32 MIN 38 SEC E 6335 FT, TH S 70 DEG 57 MIN 49 SEC E 150.01 FT, TH S 64 DEG 22 MIN 20 SEC E 92.58 FT, TH N 82 DEG 53 MIN 23 SEC E 22.49 FT, TH S 59 DEG 05 MIN 25 SEC E 82.16 FTTO POB (AKA PARCEL V) (9.65 AC) 31-175 3534-113-0005-0001 34 36 41 THAT PART OF S 2577.66 FT OF N 2858.86 FT OF FRACT SEC 34 AN D 35 LYG W OF SR AlA 22.6 MPDAF: FROM INT S LI OF N 2858.86FT AND W R/W U OF SR AlA RUNS 89DEG 59 MIN 36 SECW ALG SD S U 936.13 FT TO POB, TH N 00 DEG 00 MIN 22 SECW 12.17 FT, TH N 12 DEG 59 MIN 41 SECW 26.68 FT, TH N 31 DEG 26 MIN 23 5EC W 26.84 FT, TH N 07 DEG 38 MIN 42 SECW 15.03 FT, TH N 20 DEG 49 MIN 45 SECW80.99 FT,TH N 34 DEG 12 MIN 57 SECW 15.12 FT,TH N 00 DEG 23 MIN 26SECW44.0 FT, TH N21 DEG 48 MIN 05 SEC W 54.39 FT, TH N 00 DEG 00 MIN 00 SEC E 15.80 FT, TH N 22 DEG 34 MIN 51 SEC E 45.05 FT, TH N 1135 MIN 32SEC E 15.92 FT, TH N 03 46 MIN 11SEC W 129.28 FT, TH N 19 MIN 26 SEC 04 W 56.20 FT, TH N 04 DEG 31MIN 29 SEC E 27.89 FT, TH N O5 DEG 25 MIN 24 SEC W 63.48 FT, TH N 30 DEG 57 MIN 50 SEC W 14.58 FT, TH N 23 DEG 06 MIN 11 SEC W 70.46 FT, TH N 46 MIN 54 MIN 17 SEC W 106.63 FT, TH N 77 DEG 39 MIN 16 SEC W 49.19 FT, TH N 67 DEG 49 MIN 04 SEC W 30.88 FT, TH N 56 DEG 03 MIN 21 SEC W 25.78 FT, TH N 68 DEG 01 MIN 02 SEC W 66.04 FT, TH N 71 DEG 51 MIN 25 SEC W 201.40 FT, TH S 01 DEG 30 MIN 06 SEC W 58.65 FT, TH N 88 DEG 29 MIN 54 SEC W 144.96 FT, THS 01 DEG 30 MIN 06 SEC W 14 FT, TH S 83 DEG 05 MIN 40 SEC W 325.17 FT, TH S 44 DEG 46 MIN 17 SEC W 124.45 FT, TH S 31 DEG 26 MIN 25 SEC W 92.51 FT, TH S 23 DEG 34 MIN 20 SEC W RACl[TT"fMnrrCSNllNM QPrWCl nJ rT TW C11 nPC 9a MIM 1t fPrWdC Cn FT T"f9C nPr Map -Area Parcel ID Legal Description Acres 31-178 3534-434-0002-0006 34/35 36 41 S 1/2 OF 5 691 FT OFSECS LYG W OF A1A-LESS TO OCEAN TOWERS AS IN OR 315-1602 AND 19.33 LESS TO ISL VILLAS IN OR 320-2740: 333-1394: 386-1138 32-179 4116-334-0001-0001 16, 21, 22, 25, 26, 27, 34, 35, 36 37 37BEG NW COR OF SEC 21 RUN S 45 1212 E 7490.71 FT TO N W COR 3276.9 OF SEC27, TH SOO1916 E ALG W LI OF SEC 27 5304,38 FT TO SW COR OF SEC 27, TH S 00 19 16 E ALG W LI OF SEC 34 5316.37 FT TO SW COR OF SEC 34, TH N 89 45 28 E ALG S LI OF SEC 34 2662.54 FT TO S 1/4COR, TH N 89 44 36 E ALG S LI OF SEC 34 2661.51 FT TO SE COR OF SEC 34, TH S 89 59 27 E ALG S LI OF SEC 35 2653.15 FT TO S 1/4 COR, TH N 89 40 57 E ALG 5 LI OF SEC 35 2651.51 FT TO SE COR OF SEC 35, TH N 89 43 52 E ALG S LI OF SEC 36 2640.73 FT TO S 1/4 COR OF SEC 36, TH N 89 43 52 E ALG 5 LI OF SEC 36 2384.09 FT TON W R/W LI OF FEC RR, TH N 44 47 02 E ALG N W LY R/W LI 177.04 FT TO W R/W LI OF SFW M D CANAL C-23, TH N 00 05 20 W ALG W R/W LI 207.35 FT, TH S 89 5418 W 90 FT, TH N 30 44 37 W 8572.34 FT, THN 77 11 19 W 6179.17 FT TO W LI OF SEC 26, TH N 00 16 30 W ALG W LI 600 FT, TH N 7126 33 W 331.99FT, TH N 8445 40 W 2047.27 FT, THN 35 03 50 W 1908.08 FT, TH N 30 30 16 W 1789.38 FT, TH N 49 42 41W 1806.92 FT, TH N 26 09 06 W 3541.72 FT, TH 5 59 06 04 W 3064.92 FT TO N U OF SEC 21, TH S 89 45 45 W ALG N U 752.32 FT TO POB 33-180 4502-221-0001-0009 02 3741 BEG AT NW COR OF SEC RUNS 89 DEG 39 MIN 32 SEC E ALGN U OF SD SEC 725.45 FT M/LTO 17.91 PT 651.55 FT W OF WLY R/W A1A, THS 31 DEG 06 MIN 27 SEC E 103.61 FT, TH S 10 DEG 14 MIN 21 SEC W 142.52 FT, TH S 35 DEG 34 MIN 16 SEC E 144.35 FT, TH 547 DEG 25 MIN 25 SEC E 109.11 FT, TH S 17 DEG 47 MIN 38 SEC E 105.55 FT, THIS O8 DEG 27 MIN 45 SEC E 19.21 FT, TH S 68 DEG 44 MIN 58 SEC W 61.03 FT, TH S 25 DEG 55 MIN 14 SEC E 329.20 FT TO S U OF N 956FT OF SECTION, TH N 89 DEG 39 MIN32 SEC W 1036.63 FT M/L TO W U OF SECTION, TH N ALG SD W LI 856 FT TO NW CDR OF SECTION 33-181 4502-231-0001-0000 2/03 37 41 THAT PART OF S 464.92FT OF N 1785.84 FT OF FRACT SECSLYG BTW IND RIV AND A1A-LESS 15.46 BEG INT WILY R/W AIA AND 5 U OF S 464.92 FT OF N 1785.84 FT, TH W 496.4 FT, TH N 1 DEG 39 MIN 31 SEC W 160 FT, TH N 12 DEG 36 MIN 07 SEC W 310.4 FT, TH E 375 FT TOW R/W A1A, TH SELY ALG SO R/W 498.67 FT TO POB 33-182 4502-314-0001-0004 2 37 41 N 1/2 OF S 1/2 OF GOVT LOT 4 LYG W OF A1A-LESS S 150 FTOF E 435 FT 7.13 33-183 4502-341-0001-0008 2 37 41 N 1/2 OF GOVT LOT 5 LYG W OF WLY R/W A1A-LESS BEG AT INTOF S U OF N 1/2 OF GOVT LOT 5 20.9 ANDWLY R/W A1A RUN S 89 DEG 48 MIN 16 SEC W 280 FT, TH N 0 DEG 11 MIN 44 SEC W 240 FT, TH N 89 DEG 48 MIN 16 SEC E 179.19 FT TO W LYR/W A1A, TH S 22 DEG 58 MIN 45 SEC E ALG SD R/W 260.31 FT TO POB, WITH LIT AND RIP RTS 33-184 4503-100-0001-0000 3 37 41 N 856 FT OF LOT 1 AND ALL LOT 2 30.29 34-185 2435-411-0001-0104 35 35 40 E 1/2 OF E 1/2 OF NE 1/4 OF SE 1/4-LESS 5 552 FT LYG E OF SAVANNAH AS IN DBK 197-401-(27) 6.81 34-186 2435-414-0001-0000 35/36 35 40 BEG AT SE COR OF SEC35 RUN N ALG E SEC U 1323.3 FT TO POB, TH W 220 FT, TH NELY 11.36 34-187 2436-322-0003-0005 136 35 40 S 385.76 FT OF N 649.76FT OF GOVT LOT 2 LYG W OF FEC RR 4.02 34-188 2436-323-0001-0004 136 35 40 5100 FT OF N 749.76 FTOF GOVT LOT 2 LYG W OF R/W FEC RR 1.28 Total acres 7953.13 Total parcels 190 Indian River County Sac 0 I Sec 04 T34S T34S -R37E R37E area 3 R37E R 7E �� R37E T34S R39E Sec GARDEN -144,reQ m M l2gTFR � �' J 3 O Fe��o a ROBERTS RD. i Sec 01 T34S R39E 1 1 f 1 1 1 Gyp. 1 SPANISH LAKES BLVD r RS4 �o�CPUB E areai10 I I WA04A M PON WA04A i AOPOJ W off AM WA IAO, OA =A 04II MEMO VZAO�oAoe5A WM040 P ZAJOJ IVA Sec T34S R40E "I L Sec 21 T34S R40E Z t O� ,c0 � 2 Seo 28 =4 T34S r. R40€ 1 11 r 32 Sec 21 T36S R38E Sec 28 33 <lm® Sec 13 T36S R40E Sec 18 -.—T36S R41E AR 1 to CPUB, area 467'.; Sec 19 T36S R41E Sec 05 T36S R41E i i f Sec 08 T36S R41E Atlantic \ Ocean 2D'0 arZlo7p9 I 1 `\ 1 1 1 ! Sec 35 1 T36S 1 R41E D Atlantic Ocean • • ©���/fl�.i 1�-1�� -i� - II ii ii ii 2 II111111 i v ii >ec 081 Sec 09 T37S R37E R37E ieo 1 Sec 16 T37S T37S R37E R37E 1 iec 291 T37S 1 R37E1 1 1 Sec 3' T37S R37E1 1 Sec 28 T37S R37E Sec'33" T37S R37E 1 Sec 10 T37S Sec 11 T37S 1 1 Sec 12 1 T37$ ec 0 37E R37E ! R37E 38E T Sec 14 Sec 13 ec 1 �P? I T37S ( T37S 3 yam' R37E 1 R37E R38f Sec I 37S ..— —r—E--- —d. ....®® 1 I 1 S 22 1 c 23 Sec 24 c 1 T3 S 1 T S T37S 3, 138L R3 R37E Sec 25 T37S R37E to VW,AkgEel DATE: 09/27/12 AGENDA REQUEST REGULAR () PUBLIC HEARING W LEG. W QUASI -JD ( ) CONSENT ( ) TO: PLANNING AND ZONING COMMISSION PRESENTED BY: Britton De Witt SUBMITTED BY: Planning and Development Services Senior Planner Department— Planning Division SUBJECT: Resolution 12-161 — Rezonings to Conservation Public (CPUB) for 190 County - owned parcels. BACKGROUND: See attached memorandum. FUNDS AVAILABLE: N/A PREVIOUS ACTION: N/A RECOMMENDATION: Staff recommends that Resolution 12-161 be forwarded to the Board of County Commissioners with a recommendation for approval. COORDINATION/SIGNATURES County Attorney (X) d Daniel S. McIntyre County Engineer ( ) Michael PPPoo/wwlley � County Surveyor (X) '06711' Ron Harris ERD (X) Car mith Planning and Development Services Department Planning Division IJ,IATjN7:7_\►I-0XIIIPf TO: Planning and Zoning Commission THROUGH: Mark Satterlee, AICP, Planning & Development Services Director --� Kara Wood, Planning Manager X�u1 FROM: Britton De Witt, Senior Planned (� DATE: September 27, 2012 �GU SUBJECT: Resolution 12-161 — Rezonings to Conservation Public (CPUB) for 190 County - owned parcels. ITEM NO. III-D This is a County initiated amendment to the official zoning atlas for 190 parcels totaling approximately 7,953.13 acres of public property to the Conservation Public (CPUB) zoning district. BACKGROUND: On December 7, 2004, the Board of County Commissioners adopted Resolution 04-210 approving general amendments to the County's official zoning atlas to be consistent with changes to the County's Future Land Use Map completed in 2002 related to the Florida Communities Trust grant. After reviewing Resolution 04-210 in early 2006, staff discovered that the resolution was never recorded in the public record and, therefore, never took effect. When staff further reviewed the background documentation for this resolution, a number of errors were identified. At staff's recommendation, the Board then rescinded Resolution 04-210 on April 8, 2008 to eliminate these errors. Staff is now processing these new amendments to address the 2004 intentions of the Board. Because of the number of properties affected, it has taken staff the last four years to gradually assemble all of the necessary documentation to revisit the amendments. Attached to this memo as "Exhibit A" of Resolution 12-161 is a spreadsheet and map identifying the County -owned parcels to be included in this amendment process to update the Planning and Zoning Commission Resolution 12-161 CPUB RZ September 27, 2012 Page 2 fishing, bird watching, picnicking, nature exhibits and all existing uses that do not negatively affect the purpose of the public purchase. Conditional uses that may be requested are telecommunication towers, restaurants and heliport pads. The CPUB zoning district is the zoning district associated with the least amount of impacts on public infrastructure and neighboring private property. Any change in zoning to CPUB is considered down -zoning due to the decrease of potential impacts. STANDARDS OF REVIEW AS SET FORTH IN SECTION 11.06.03, ST. LUCIE COUNTY LAND DEVELOPMENT CODE In reviewing this application for a change in zoning, the Board of County Commissioners shall consider and make the following determinations: 1. Whether the proposed rezoning is in conflict with any applicable portions of the St. Lucie County Land Development Code; The proposed amendments to the official zoning atlas are not in conflict with any portion of the St. Lucie County Land Development Code. Table 11-1 in Section 11.09.02 of the Land Development Code (LDC) identifies the CPUB zoning district as compatible with all Future Land Use designations. General amendments to the Future Land Use designations for these parcels are being processed concurrently to the CPUB (Conservation Public) Future Land Use designation. 2. Whether the proposed amendment is consistent with all elements of the St. Lucie County Comprehensive Plan; The proposed amendments to the official zoning atlas are not in conflict with any portion of the St. Lucie County Comprehensive Plan and further Policy 1.1.3.1 that calls for protection of areas designated for conservation purposes or that contain other special environmental habitat as identified by the Comprehensive Plan. 3. Whether and the extent to which the proposed zoning is inconsistent with the existing and proposed land uses; The proposed amendments to the official zoning atlas are consistent with the existing and proposed land uses. Due to the fact that a change in zoning to CPUB will result in a decrease of potential impacts, it is consistent with all Future Land Use designations and is therefore consistent with neighboring zoning and existing and proposed land uses. 4. Whether there have been changed conditions that require an amendment; Planning and Zoning Commission Resolution 12-161 CPUB RZ September 27, 2012 Page 3 The proposed amendments to the official zoning atlas to the CPUB zoning district is associated with the least amount of impacts on public infrastructure and neighboring private property. Any change in zoning to CPUB is considered down -zoning due to the decrease of potential impacts. There are no anticipated increases in impacts to public facilities associated with these amendments. The proposed amendments may enhance the level of service for park facilities due to the increase of potential Park and Recreational amenities. 6. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment; The proposed amendments to the official zoning atlas to the CPUB zoning district is intended to provide an environment suitable for the protection, preservation or enhancement of public lands in the community, together with such other uses as may be compatible with public and quasi -public surroundings. Therefore, the proposed amendments will result in a positive effect on the natural environment with no adverse impacts. 7. Whether and the extent to which the proposed amendment would result in an orderly and logical development pattern specifically identifying any negative effects of such patterns; The proposed amendments to the official zoning atlas to the CPUB zoning district is to preserve the property in its natural state in perpetuity and no significant development will be permitted other than for those uses permitted by the zoning district mentioned above. 8. Whether the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and intent of this code; The proposed amendment is not in conflict with the public interest and is in harmony with the purpose and intent of this code. Public Notice: Notice of the proposed amendments to the official zoning atlas was provided consistent with Section 11.00.03 concurrent with the related Future Land Use Map Amendments. Please refer to Item III-C, Ordinance 12-019 for copies of the St. Lucie News Tribune advertisement. Analysis Summary: Staff's analysis indicates that the proposed amendments are consistent with the St. Lucie County Comprehensive Plan and the Land Development Code. The amendments will further Policy 1.1.3.1 by protecting environmentally sensitive areas identified for conservation. Planning and Zoning Commission Resolution 12-161 CPUB RZ September 27, 2012 Page 4 Suggested motion to recommend approval/denial of this request: MOTION TO APPROVE: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION OF ST. LUCIE COUNTY RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS APPROVE PROPOSED RESOLUTION 12-161 FOR AMENDMENTS TO THE OFFICIAL ZONING ATLAS FOR PUBLIC PROPERTY TO THE CONSERVATION PUBLIC (CPUB) ZONING DISTRICT BECAUSE.... [CITE REASON(S) WHY — PLEASE BE SPECIFIC] MOTION TO DENY: AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING STAFF COMMENTS, I HEREBY MOVE THAT THE PLANNING AND ZONING COMMISSION OF ST. LUCIE COUNTY RECOMMEND THAT THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS DENY APPROVAL OF PROPOSED RESOLUTION 12-161 FOR AMENDMENTS TO THE OFFICIAL ZONING ATLAS FOR PUBLIC PROPERTY TO THE CONSERVATION PUBLIC (CPUB) ZONING DISTRICT BECAUSE.... 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 A RESOLUTION No. 12-161 FILE NO.: RZ 820124543 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY AMENDING THE OFFICIAL ZONING ATLAS FOR 190 PARCELS OF LAND OWNED BY ST. LUCIE COUNTY, TO CPUB (CONSERVATION PUBLIC). WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on testimony and evidence, including, but not limited to the staff report, has made the following determinations: St. Lucie County has initiated amendments to the Official Zoning Atlas for 190 parcels totaling 7,953.13 acres (M.O.L.) of public property to the CPUB (Conservation Public) zoning district consistent with the intended use of the properties. 2. On September 27, 2012, the St. Lucie County Planning and Zoning Commission held a public hearing on the petition, of which due notice was published in the St. Lucie News Tribune and recommended that the Board of County Commissioners approve/deny the change in zoning CPUB (Conservation Public) 3. On , 2012, the Board of County Commissioners of St. Lucie County, Florida, held a public hearing of which due notice was published in the St. Lucie News Tribune. 4. The proposed change in zoning satisfies the requirements of Section 11.06.03 of the St. Lucie County Land Development Code and is consistent with the goals, objectives, and policies of the St. Lucie County Comprehensive Plan. 5. The proposed change in zoning is consistent with the existing and proposed use of property in the surrounding area. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie County, Florida: A. The proposed amendments to the Official Zoning Atlas for 190 parcels totaling 7,953.13 acres (M.O.L.) of public property to the CPUB (Conservation Public) zoning district for property depicted in Exhibit "A" is approved. B. The Planning and Development Services Director is hereby authorized and directed to cause the change to be made on the Official Zoning Atlas of St. Lucie County, Florida, and to make notation of reference to the date of adoption of this Resolution. 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 Resolution No. 12-003 File No.: RZ 820124543 Page 2 E. After motion and second, the vote on this Resolution was as follows: Chris Dzadovsky, Chairman XXX Tod Mowery, Vice -Chair XXX Paula Lewis, Commissioner XXX Chris Craft, Commissioner XXX Frannie Hutchinson, Commissioner XXX PASSED AND DULY ADOPTED this day of , 2012. ATTEST Deputy Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY. FLORIDA No Chairman APPROVED AS TO FORM AND CORRECTNESS County Attorney '• • 1 EROSION DISTRICT www.co.st-lucie.fl.us www.stlucieco.org Iil��liil4rliiif{iliillf�ifSSililif0tlilitfiii'11if11fiYlI1'ffiitll'If�111iiiftlilfiiHlil'Otis{i�{I{niYiliflfilYii�li{`IfYfln{iiifl�Yi{II(fIYfYYrllfrf�fYi�iiilli�fiflrlYifillllfililfNiifiiiitiYllf{IfiiliiYiliilii Frannie Hutchinson, Chair District No. 4 Paula A. Lewis, Vice Chair District No. 3 Chris Dzadovsky District No.1 Tod Mowery District No. 2 Kim Johnson District No. 5 If'Ii11111fr1lillfrifil�lifflllili�filfOiti�ifllilifififfillifi11I1'ItilYlitiillfi�lil{li'1jl�fYliliNlfiiYji!'{Iii�i�IlYriiiiiirllill�ffl��lililfOffiilfYli'fliifiiiYliiflilf1ii11lifi�ii0iil1�1i11�Ilii�ll�liiiflli�iiiill�0 GENERAL PUBLIC COMMENT II. CONSENTAGENDA A. MOSQUITO CONTROL & COASTAL MANAGEMENT Fort Pierce Beach Project 2013 Monitoring Consider staff recommendation to approve of 1) Work Authorization No.14 with Taylor Engineering and 2) Amendment No. 3 to FDEP Project Agreement 09SL2 and authorization for the Chair to sign documents as approved by the County Attorney. AGENDA REQUEST TO: EROSION DISTRICT BOARD SUBMITTED BY: Mosquito Control & Coastal Management Services ITEM NO. II-B DATE: 03/05/13 REGULAR ( ) PUBLIC HEARING ( ) LEG. ( ) QUASI -JD ( ) CONSENT (X) PRESENTED BY: Richard A. Bouchard, P.E. f2% Sr. Coastal Enaineer SUBJECT: Fort Pierce Beach Project 2013 Monitoring BACKGROUND: See attached memorandum. FUNDS AVAILABLE: Funding previously approved in 184215-3710-531000-3630 PREVIOUS ACTION: See attached memorandum. RECOMMENDATION: Board approval of 1) Work Authorization No. 14 with Taylor Engineering and 2) Amendment No. 3 to FDEP Project Agreement 09SL2 and authorization for the Chair to sign documents as approved by the County Attorney. COMMISSION ACTION: CONCURRENCE: ( ) APPROVED ( ) DENIED ( ) OTHER Faye W. Outlaw, MPA County Administrator Coordination/Signatures County Attorney (x) OMB Director (x) Budget Analyst / Contract Coordinator Daniel S. McIntyre arie Gouin Patty Marston iris k TO: Erosion District Board Mosquito Control & Coastal Management Services Erosion District THROUGH: James R. David, Mosquito Control & Coastal Management Services Director FROM: Richard A. Bouchard, P.E., Sr. Coastal Engineer DATE: March 5, 2013 SUBJECT: Fort Pierce Beach Project 2013 Monitoring ITEM NO. II-B Background: The Florida Department of Environmental Protection (FDEP) administers the Florida Beach Erosion Control Program (FBECP), which provides funding annually to assist eligible local governments with their beach erosion control projects. On January 12, 2010, the Board approved FDEP Project Agreement No. 09SL2 (C10-01-015) providing state funds for design, permitting and monitoring services related to the Fort Pierce Beach Nourishment project. The first amendment to this project agreement was approved by the Board on December 14, 2010, accepting the transfer of state funding from an older grant to this grant and providing for the extension of the expiration date. The second amendment was approved by the Board on October 11, 2011, accepting $890,000 in additional state funding towards construction and monitoring activities associated with the beach project. Work Authorization No. 14 (C8-12-632) with Taylor Engineering, Inc. ($234,252) identifies the tasks necessary to carry out the beach and inlet monitoring activities during 2013 as required by the permit. The third amendment to Project Agreement No. 09SL2 with FDEP includes a minor revision to the grant work plan along with the redistribution of funds into the appropriate accounts for this specific work authorization. The amended project agreement will be reviewed by the County Attorney for consistency when it becomes available. This work effort will be cost shared at 50% with funds previously approved for this grant agreement. Previous Action: WORK AUTHORIZATION NO, 14 CONTRACT C08-12-632 FOR CONTINUING PROFESSIONAL ENGINEERING SERVICES THIS WORK AUTHORIZATION is made as of the day of 2013, by and between the ST. LUCIE COUNTY EROSION DISTRICT, a dependent taxing district of the State of Florida, hereinafter referred to as the "District' and TAYLOR ENGINEERING, INC., hereinafter referred to as the "Consultant". WITNESSETH: WHEREAS, on December 16, 2008, the District entered into a Consulting Agreement (Contract No. C08- 12-632) hereinafter referred to as "Contract' with the Consultant to provide continuing professional engineering services; and, WHEREAS, pursuant to the Contract, the Consultant is to provide the professional services as outlined in this individual work authorization; 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 who are legally bound, hereby agree as follows: 1. PROJECT: The District has determined that it would like to complete a project described below: Ft. Pierce Shore Protection Project 2013 Physical and Biological Monitoring (hereinafter referred to as "the Project'.) 2. SERVICES: Work Authorization No. 14 Contract C08-12-632 2. COMPENSATION: The cost to perform all services as described in the attached Scope of Services shall not exceed a total amount of two hundred thirty-four thousand two hundred fifty-two and 00/100 dollars ($234,252.00), as further detailed in Exhibit "B". 3. CONTRACT DOCUMENT: Except as amended hereby, all of the original terms and conditions in the Continuing Contract shall remain in full force and effect. 4. TIME OF COMPLETION: a. It is hereby understood and mutually agreed by and between parties hereto that the time of completion is an essential condition of this Contract, time being of the essence. b. Consultant shall commence work per the written Notice to Proceed, and shall complete all work within the time, as further described in Exhibit "C". C. The period herein above specified for project completion may be extended by such time as shall be approved by the County Administrator or designee, or the Contract may be cancelled by the County Administrator with the District invoking all rights and remedies thereof. d. Where any deductions from or forfeitures of payment in connection with the work of this Contract are duly and properly imposed against the Consultant, in accordance with the terms of the Contract, State Laws, governing ordinances or regulations, the total amount thereof may be withheld from any monies due or to become due the Consultant under the Contract; and when deducted, shall be deemed and taken as payment in such amount. IN WITNESS WHEREOF, the parties hereto have executed this Work Authorization effective the date first written above. ATTEST: DEPUTY CLERK ST. LUCIE COUNTY, FLORIDA ST. LUCIE COUNTY EROSION DISTRICT M. CHAIRMAN APPROVED AS TO FORM AND CORRECTNESS: Ft. Pierce Shore Protection Project 2013 Physical and Biological Monitoring Scope of Work The U.S. Army Corps of Engineers (USACE) nourished the project beach during winter/spring 2012. Physical and biological project monitoring requirements for 2013, addressed in this scope of work, are based on monitoring plans incorporated in the existing permit (FDEP Permit No. 0269646 001-JC). The Physical Monitoring Plan, Ft. Pierce Shore Protection Project (December 2006) covers collection of hydrographic data and aerial photography. The Biological Monitoring Plan, Fort Pierce Shore Protection Project (February 2007) covers hardbottom and sea turtle nesting data collection. The Ft. Pierce Shore Protection Project area extends from the Ft. Pierce Inlet south jetty (200 ft north of FDEP profile R-34) to T-41. The physical monitoring control area extends 5,000 ft south of the project area, from T-41 to R-46A. As such, all physical monitoring analyses address the beach reach from the inlet south jetty to R-46A.Tasks I — 4 address physical monitoring. Tasks 5 — 9 address biological monitoring. Task 1 Beach Data Acquisition and Quality Control Morgan & Eklund, Inc., as a subcontractor to Taylor Engineering, will collect the year one post - construction topographic and bathymetric profile surveys of the project and control areas. These surveys will include profiles at FDEP reference monuments R-34 through R-46A (13 profiles) in St. Lucie County. Morgan & Eklund will perform all work activities and produce deliverables in accordance with the latest update of the Bureau of Beaches and Coastal Systems (BBCS) Monitoring Standards far Beach Erosion Control Projects, Sections 01000 and 01100 (document available on the web at http://www.dep.state.fl.us/beaches/publications/tech-rpt.htm#RegionalMonitoringPlan). Upon receipt of each data set, we will perform a quality control review. Task 2 Beach Survey Data Analysis EXHIBIT A • 2013 year one post -construction data versus 1999 pre -construction data We will convert the data to range/elevation profiles and develop profile plots. We will calculate volume changes and mean high water position changes for the above comparison periods. We will prepare profile plots and tabulate shoreline positions and shoreline and volume changes. We will calculate beach volumes over four vertical compartments: dune to mean high water (MHW), MHW to mean low water (MLW), MLW to -10 ft NGVD, and below -10 ft NGVD. We will integrate beach volume changes alongshore to develop sediment pathways and to identify areas of accretion and erosion. Notably, the -10 ft NGVD contour generally represents the landward limit of exposed hardbottom; the rapidly varying elevation characteristics seaward of this contour may limit the utility of this portion of analysis. Task 3 Aerial Photography Aerial Cartographics of America, Inc. (ACA), as a subcontractor to Taylor Engineering, will collect aerial photography concurrently with the 2013 beach survey. The aerial photography will cover FDEP reference monument R-34 through R-46A in St. Lucie County. ACA will conduct all work activities and deliverables in accordance with the latest update of the BBCS Monitoring Standards for Beach Erosion Control Projects, Section 02100 (document available on the web at: http://www.dep.state.fl.us/beaches/publications/tech-rpt.htm#RegionalMor itoringPlan). Task 4 Physical Monitoring Report Taylor Engineering will prepare a report documenting the results of the above analyses. The report will summarize and discuss the data, identify erosion and accretion patterns within the monitoring area, discuss the performance of the beach fill, compare the project performance to performance expectations, and identify any adverse impacts attributable to the project. Appendices will include plots of survey profiles and graphical presentations of volumetric and shoreline position changes for both the project and control areas. EXHIBIT A Task 5 Post -Construction Sea Turtle Monitoring Our subcontractor, EAI, will provide all sea turtle related monitoring services as required by the FDEP permit and approved 2007 Biological Monitoring Plan. Marine turtle Test monitoring will begin March 1 and continue through October 31. Daily sea turtle nesting surveys of the project area will commence on March I through September 15. Thereafter, monitoring will occur three days per week until the last nest has hatched. Monitoring will include daily nest monitoring, marking and evaluating of a representative sample of nest (a minimum of 75 if available), and determining reproductive success. The turtle monitor will also determine and record false crawls and nests by species. Monitoring will occur within the re -nourished beach and an adjacent control area, of equal length, immediately south of the nourished beach. Task 6 Pre -nesting Season Sand Compaction and Escarpment Monitoring (Optional Task) Prior to February 12, EAI, our subcontractor, will conduct sand compaction and escarpment surveys within the 2012 re -nourished beach. Results from that effort will be provided to the county and FDEP to determine if appropriate action is required. Please note that the county may elect to proactively till the beach and level escarpments prior to March 1, 2013. Those actions would eliminate the need for this task. Task 7 Nesting Season Weekly Escarpment Monitoring EAI, our subcontractor, will conduct weekly escarpment surveys beginning March 1 and continuing through October 31. As necessary during the monitoring period, Taylor Engineering will notify the FDEP and FWC of the presence of persistent escarpments to determine if escarpment leveling or other action is required. EXHIBIT A characteristics with reference to the local lighting regulation. We will provide the monthly reports to the county, the City of Ft. Pierce, and the FDEP. Within two weeks of completion of the first lighting survey, we will coordinate with the FWC, FDEP, FWS, City of Fort Pierce, and the county, to discuss required actions to address all lighting issues. Tall: 9 Hardbottoan Monitoring Our subcontractor, CSA International, will conduct hardbottom monitoring as required by the FDEP permit and the approved Biological Monitoring Plan. Hardbottom monitoring shall consist of videotape transects, still photographic transects, and quadrat sampling along transect lines specifically identified and marked during previous hardbottom surveys. Hardbottom monitoring transects include the project area (R-35, R-37, R-39, R-41), downdrift area (R-42, R-43), control area (R-53, R-54), and the mitigation artificial reef (three transects). We will follow hardbottom monitoring and data analyses protocols required by the above -referenced permit and monitoring plan. We will determine impacts to hardbottom based on these ground truth surveys, aerial photographs, and beach survey data. END OF SCOPE OF SERVICES We will complete the above scope of work for a fixed lump sum fee of $234,252. Exhibit B presents the cost proposal. Exhibit C presents the proposed schedule. Page 1 TAYLOR ENGINEERING, INC. COST SUMMARY BY TASK P2012-207: FT. PIERCE SHORE PROTECTION PROJECT 2013 MONITORING TASK 1: Beach Data Acquisition and Quality Control Senior Professional 1.3 1,240.00 Project Professional 1.0 808.00 Staff Professional 1.5 996.00 Administrative Support 0.3 104.00 Total Man -Days 4.3 Labor Cost 3,506.00 Non -Labor Units Cost ($) Morgan & Eklund (beach profiles) 1.0 7,800.00 Total Non -Labor Cost 7,800.00 TASK 2: Beach Survev Data 11/T1.4m; Total Task 1 $ 11,306.00 Vice President 0.8 1,074.00 Senior Professional 5.5 5,456.00 Project Professional 15.0 12,120.00 Staff Technical Support 1.0 536.00 Administrative Support 1.3 520.00 Total Man -Days 23.5 Labor Cost 19,706.00 Total Task 2 $ 19,706.00 Project Professional Total Man -Days Labor Cost 0.6 620.00 1.1 909.00 1,529.00 EXHIBIT B Non -Labor Units Cost ($) ACA (aerial ohotoaraohv) 1.0 5.162_no Page 2 EXHIBIT B P2012-207: FT. PIERCE SHORE PROTECTION PROJECT 2013 MONITORING kMWIND Director 2.0 2,304.00 Senior Professional 1.0 992.00 Project Professional 8.5 6,868.00 Senior Editor 1.8 1,302.00 Senior Technical Support 1.0 720.00 Staff Technical Support 2.5 1,340.00 Administrative Support 2.0 832.00 Total Man -Days 19.5 Labor Cost 15,432.00 Total Task 4 $ 15,432.00 TASK 5: Post -Construction Sea Turtle Totals Vice President 0.3 Director 0.3 288.00 Project Professional 4.5 3,636.00 Administrative Support 1.3 620.00 Total Man -Days 6.3 Labor Cost 4,802.00 Non -Labor Units Cost ($) Ecological Associates 1.0 61,535.00 Total Non -Labor Cost 61,535.00 Total Task 5 $ 66,337.00 Total Man -Days 0.3 Labor Cost 202.00 Non -Labor Units Cost ($) Ecological Associates 1.0 1,900.00 Total Non -Labor Cost 190000 Page 3 P2012-207: FT. PIERCE SHORE PROTECTION PROJECT 2013 MONITORING TASK 8: Total Man -Days 1.3 Labor Cost 1,010.00 Non -Labor Units Cost ($) Ecological Associates 1.0 2,345.00 Total Non -Labor Cost 2,345.00 Total Task 7 $ 3,355.00 vice President 0.3 358.00 Director 0.3 288.00 Project Professional 4.5 3,636.00 Total Man -Days 5.0 Labor Cost 4,282.00 Non -Labor Units Cost ($) Ecological Associates 1.0 7,645.00 Total Non -Labor Cost 7,645.00 Total Task 8 $ 11,927.00 Director 1.0 1,152.00 Project Professional 6.0 4,848.00 Senior Technical Support 1.0 720.00 Staff Technical Support 1.0 536.00 Administrative Support 0.5 208.00 Total Man -Days 10.5 Labor Cost EXHIBIT B Non -Labor Units Cost ($) CSA Ocean Sciences 1.0 88,500.00 Schedule FDEP Work Plan Description Deliverable P7 vvirn7 At. ;f. ;, A Beach survey profiles in FDEP format EXHIBIT C Due Date Fee FDEP Cost Share 9/30/2013 $11,306.00 $5,653.00 Two electronic copies of the physical monitoring B report documenting the methods and results of the 11/30/2013 $41,829.00 $20,914.50 beach monitoring, including one set of vertical color pictures and geo-referenced scanned pictures. Sea Turtle Monitoring One electronic copy of the first 2013 quarterly report, including turtle monitoring data, pre -nesting C season sand compaction and escarpment 6/30/2013 $14,540.00 $7,270.00 monitoring data, lighting surveys, and nesting season escarpment monitoring data One electronic copy of the second 2013 quarterly D report, including turtle monitoring data, lighting 9/31/2013 $30,345.00 $15,172.50 surveys, and nesting season escarpment monitoring data. One electronic copy of the third 2013 quarterly E report, including turtle monitoring data, lighting 11/30/2013 $30,345.00 $15,172.50 surveys, and nesting season escarpment monitoring data. One electronic copy of the fourth 2013 quarterly report, including turtle monitoring data and nesting F season escarpment monitoring data. One electronic 2/28/2014 $8,491.00 $4,245.50 copy of the final sea turtle monitoring data spreadsheet (FWC format) Hardbottom Monitoring G Field survey data submittal in electronic format 11/30/2013 $48,698.00 $24,349.00 H Two electronic copies of the final hardbottom 1/31/2014$48,698.00 $24,349.00 monitoring report Total $234,252.00 $117,126.00