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02-22-2017 CC Agenda Packet
crlycf SEBAST" HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, FEBRUARY 22, 2017 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAYBE INSPECTED IN THE OFFICE OF THE CITY CLERK 1225 MAIN STREET, SEBASTIAN, FLORIDA OR ON THE CITY WEBSITE Procedures for Public Input are on Back of Agenda 1. CALL TO ORDER 2. INVOCATION - Deacon John Dunlop, St. Sebastian Catholic Church 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 17.040 A. Proclamation - Through With Chew Week - February 19-25, 2017 - Accepted by Leslie Spurlock, Community Health Advocate, Indian River County QuitDoc Foundation and a Student Working Against Tobacco 17.041 B. Presentation - Wreaths Across America - Carolyn Sartain Anderson, Claudia Martino, jogs 5-7 Adria Martino 17.042 C. Certificate of Appreciation for Dick Krull - Natural Resources Board Service Brief Announcements 2/24/17 - Chamber Concert in Riverview Park - Relayer (Pop/Rock/Dance) from 5:30 - 8 pm 3/4/97 — Craft Club Show in Riverview Park — 10 am — 3 pm 3/5/97— Craft Club Show in Riverview Park — 11 am — 4 pm 7. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. pgs 8-15 A. Approval of Minutes - February 8, 2017 Regular Meeting 17.022 B. Resolution No. R-17-06 - Accepting the 1" Quarter Financial Report and Adopting pgs 16-36 Necessary Amendments to the FY16/17 Annual Budget (Transmittal, R-17-06, Report) 1 of 155 8. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 17.029 A. Planning and Zoning Commission pgs 37-59 (Transmittal, Applications, Ad, List) i. Interview, Unless Waived, Submit Nominations for One Expired, Regular Member Position — Term to Expire 2/1/2020 Interview, Unless Waived, Submit Nominations for One Expired, Alternate Member Position — Term to Expire 1/1/2020 17.014 B. Citizens Budqet Review Advisory Board pgs 52-56 (Transmittal, Application, Ad, List) i. Interview, Unless Waived, Submit Nominations for One Alternate Member Position for a Three Year Term 9. PUBLIC HEARINGS - None 10. UNFINISHED BUSINESS 17.043 A. Approve Sebastian River Art Club Lease for Western Section of South Annex pgs 57-67 Building in the Municipal Complex (Transmittal, Proposed Lease, Senior Center Lease, Nov. 23 Minutes Excerpt) 17.019 B. Proposed Resolution No. R-17-07 Withdrawing Membership from the Indian River pgs 68-79 Lagoon Coalition (Transmittal, R-17-07, E -Mail Memo from Atty Coment, Amended Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, WITHDRAWING ITS MEMBERSHIP IN THE INDIAN RIVER LAGOON COALITION, PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR EFFECTIVE DATE. 11, PUBLIC INPUT New information or requests to city council not otherwise on the prepared agenda 12. NEW BUSINESS 17.016 A. Approve Payments to DRC in the Amount of $387,820.47, Tim Rose Contracting in pgs 80-89 the Amount of $52,586.30 and Mr. Mulch in the Amount of $12,750. and Authorize the City Manager to Execute Appropriate Documents (Transmittal, Invoices) 17.044 B. Approve Golf Course Re -Grassing Project at Sebastian Municipal Golf Course with pgs 90-95 Champion Turf, LLC in the Amount of $165,800 and Authorize the City Manager to Execute Appropriate Documents (Transmittal, Certificate, Contract) 17.045 C. Approve the Purchase of 190 Sebastian Boulevard and Authorize the City Manager pgs 96-155 to Execute the Appropriate Purchase Documents (Transmittal, Overhead Views, Contract, Estimate, Appraisal) 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 2of155 15. CITY CLERK MATTERS 16, CITY COUNCIL. MATTERS A. Vice Mayor Coy B. Council Member Dodd C. Council Member Hill D. Council Member Kinchen E. Mayor McPartlan 17. ADJOURN (All meetings shall adjourn at 9:30 p.m. unless extended for up to one half hour by a majority vote of City Council) HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. All City Council Meetings are aired live on Comcast Channel 25, ATF UVerse Channel 99 and streamed on City of Sebastian Website www.cityofsebastian.org. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (F.S.286.0105) IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 589-5330 AT LEAST 48 HOURS 1N ADVANCE OF THIS MEETING. Future Council Meetina Dates: March 8, 2017 Regular City Council Meeting March 22, 2017 Regular City Council Meeting with CRA meeting April 12, 2017 Regular City Council Meeting April 26, 2017 Regular City Council Meeting 3of155 PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION R-15-10 Reqular Citv Council Meetinqs Public input is ALLOWED under the headings: ✓ Consent Agenda ✓ Public Hearings ✓ Unfinished Business ✓ New Business ✓ Public Input Public input is NOTALLOWED under the headings: ✓ Proclamations, Awards, Brief Announcements (except for individuals giving or accepting proclamations or awards); ✓ Committee Reports and Appointments (except for committee members giving reports and applicants being interviewed for committee appointments); ✓ City Council Matters ✓ Charter Officer Matters Council may, by majority vote, call upon an individual to provide input if desired. Workshops and Special Meetings. Public input is limited to the item on the agenda Time Limit Input on agenda items where public input is permitted on agendas is FIVE MINUTES; however, City Council may extend or terminate an individual's time by majority vote of Council members present. Input Directed to Chair Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL DELIBERATION of the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR, unless answering a question of a member of City Council or City staff. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, provided, however, the Mayor and members of City Council may recall an individual to provide additional information or to answer questions. Certain Remarks Prohibited Personal, impertinent, and slanderous remarks, political campaigning and applauding are not permitted and may result in expulsion from the meeting. The Chair shall make determinations on such remarks, subject to the repeal provisions below. Aooealina Decisions of Chair Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of City Council shall overrule any decision of the Chair. Public Input Headina on Agenda The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED AGENDA. Individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are asked to provide copies of material for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. 4 of 155 A The Wreaths Across America Project What is Wreaths Across America (WAA)? • A non-profit organization dedicated to honoring America's fallen veterans. • Each year donated wreaths are delivered to participating cemeteries around the US where thousand of volunteers take a quiet moment to show their gratitude and appreciation during the holiday season. o In 2016, 1.2 million wreaths were donated and placed at almost 1,200 participating locations, including Arlington National Cemetery. • The message the WAA wants to share with all veterans is we will NEVER FORGET that the freedoms we enjoy came at such a great cost. • National Remembrance Ceremony this year is Dec. 16. • The website for WAA is wreathsacrossamerica.org. 5 of 155 Our goals for the WAA Sebastian FL Project • To register our group as a fund raising organization for WAA. • To register City of Sebastian Cemetery as a location for the wreath laying ceremony. • To identify all veterans interred at the cemetery. • To raise funds to cover the cost of each wreath. o We estimate about 225-250 veterans will be honored, at a cost of $15 per wreath. (Discounts are available.) • To work with the Veterans Advisory Board and the local chapters of the American Legion and VFW. Our request for the City Council • To endorse the WAA Sebastian FL Project. • To provide feedback and guidance on meeting the project goals. Thank you! Carolyn Sartain Anderson Adria Martino Claudia Martino cmartino8l@gmail.coml954-290-5661 6of155 Ln A veterans' 4wreatb is a symbol of HONOR, RESPECT, and VICTORY. 10 BALSAM BOUQUETS = 10 SPECIAL QUALITIES comprising each veterans' wreath that our veterans embody A T.n. "T" til)V8 SSR F'.\I:31! Trona Tnua Txm I10.1'ES2 ` lil'ttt l-IT1" ;117Y11'iUr 11 Tnu iMtm To.+. OPTINIS\ CONCERN' PAIOC ,Eery GF1 A.dFAT P-'. TT& ETERNITY r6. LO1vGFV1TY'1* CREST PS-4 dr ENDURANCE. SACRIFICE SIMPLICITY y:TEHN!'rl' REMEMBER, HONOR, and TEACH. Don't say you should have. Say you did. learn More—Walsh Our Video 1lvRia 1Y<>rtnlrr. F undrr nl 1Vmlh. A— A—i.'., cxPhri.:4 I— n. rn.kc a wreath orad why 4 h.+;= s symbol fanslr.x+rn ,rhrirserviccand..n:R:e Sash rhe QR ante bdmx . —.h. .—Obi'. .,.. . ... 0 RXII mol %ORD 11 hdy/rrlunn-. 6 i ti 'Tia, %tAR,W ,, im, ri ACF: A wmAnI ............ .. 4 .4..1 r:R.114., }9r1 ..il) k+.ra. i+ is mar ju •wevlh. U:yvarr p—,. l fir r.. an rlmcrian hrnr..rrJ n.; II rv.cR wirh Pri.k ha4c. rrar in y...r ry' kry i g .ceenns .rui rhea Fsmih- C<,J hi— sur .s[rr.na and C 1 B.— Amcr'rca. L• •- WREAi HS AMERICA BhenlhsAnos+AaerRu.Wg 1 Want to Make Your Own Wreath? Far 6—[—hs, -.1d I"�4c n. maks a wssslh xith+ixir rhik3rrn,and P6ce ie .�n a .ceenru heaaixrme ehia Ik.smber un Nviun.! %Vrra+h..lca.». Am.rica D) y. we h— rv+cd.'mskc-1 mn-0n kir. Ord..— kir Hast .+ Ms*/F)1Y+.sx+rh OYER 900 MOONS MAIIaIRAE: *4 7 of 155 an Of SEBT-" HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING MINUTES WEDNESDAY, FEBRUARY 8, 2017 - 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor McPartlan called the Regular Meeting to order at 6:00 p.m. 2. Pastor Grant Foster, Riverside Church gave the invocation. 3. The Pledge of Allegiance was recited. 4. Roll Call: Mayor Bob McPartlan Vice Mayor Andrea Coy Council Member Ed Dodd Council Member Jim Hill Council Member Linda Kinchen Citv Staff Present: City Manager Joe Griffin City Attorney Bob Ginsburg City Clerk Jeanette Williams Administrative Services Director Ken Killgore Asst. Administrative Services Director Cindy Watson City Engineer Frank Watanabe Community Development Manager Dorri Bosworth Airport Director Scott Baker Procurement Manager Randy Moyer Police Commander John Blackledge 5. AGENDA MODIFICATIONS - None 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 17.032 A. Proclamation - 211 Awareness Week — February 13-18 — Page Woodward, Communitv Relations Specialist, 211 of the Treasure Coast Mayor McPartlan read and presented the proclamation to Ms. Woodward. 17.033 B. Collier Creek Water Proiect Presentation by Indian River Countv Utilities Director Vincent Burke Vincent Burke, Director of Utility Services, displayed a PowerPoint on the Collier Creek Water Assessment Project. (See attached) He noted there are over 70.92% residents in favor of this improvement; the estimated assessment will be $6,250; notices have been sent out to the property owners; and, there will be an informal meeting for all interested parties held on March 7 at 6:00 p.m. at the Sebastian Yacht Club. The public hearing will be March 14, 2017. 8 of 155 Regular City Council & CRA Meeting February 8, 2017 Page Two 6:27 pm Mayor McPartlan asked the City Manager to post the hearing dates on COSTV Channel 25. Mr. Hill asked why it was not required for the subdivision to install water at the time of development for safety and quality of life purposes. Mr. Dodd said his research found there is a way for half -acre lot subdivisions to opt out of water installation in the County's code. Mr. Burke added the Collier Creek Homeowners Association by-laws provide that the County can initiate an assessment providing a threshold of supporting property owners is met; the County's current regulations require new construction to hook-up. Mr. Burke advised subdivisions without water would still have to go through the assessment process to allow public input, but should there ever by a safety issue the County could make a decision without a super -majority referendum. Mr. Burke said when the installation began, certain areas were built -out which provided a lower assessment, but for the private subdivisions, the County had to borrow funds so there had to be a pledge to pay down the debt. Mr. Burke said in response to a concerned citizen, the County Attorney researched Cross Creek's by-laws and found the assessment could be initiated through the County's code. Brief Announcements • 2/10/17 — Chamber Concert in Riverview Park — Z Street Speakeasy Band — 5:30 — 8 pm • 2111117— Storybook Forest in Riverview Park — 10 am — 1 pm • 2/11/17 — Four Chaplains Commemoration at Veterans Memorial — 2 pm • 2/18/17 —Sebastian River Art Club Show in Riverview Park — 10 am — 4 pm Mayor McPartlan announced the upcoming events. 7. Recess Citv Council Meetina and Convene as Communitv Redevelopment Aaencv A. Call to Order Mayor McPartlan called the CRA meeting to order 6:28 p.m. B. Approval of September 28, 2016 CRA Minutes MOTION by Mr. Hill and SECOND by Chairman McPartlan to approve the Sept. 28, 2016 CRA minutes passed with a voice vote of 5-0. 17.002 C. Approve Septic to Sewer Grant Proaram Application (Transmittal, Application, Summarv) The City Manager reported the application was revised to include the revenues from the Indian River Lagoon Council grant award. MOTION by Mr. Hill and SECOND by Vice Chairwoman Coy to approve the Septic to Sewer grant program application. 9 of 159 Regular City Council & CRA Meeting February 8, 2017 Page Three ROLL CALL: Vice Chairwoman Coy — Aye Mr. Dodd — Aye Mr. Hill —Aye Ms. Kinchen — Aye Chairman McPartlan - Aye Motion carried 5-0. D. Chairman McPartlan adjourned the CRA meeting at 6:29 p.m. 8. Adiourn Communitv Redevelopment Aaencv Meeting and Reconvene as Citv Council 9. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. A. Approval of Minutes — January 25, 2017 Regular City Council Meeting 16.130/17.034 B. Resolution No. R-17-03 FDOT Supplemental JPA — Environmental Study for the Airport Master Plan (Transmittal R-17-03, JPA) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION TO PROVIDE FUNDING FOR AN ENVIRONMENTAL STUDY FOR THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 16.116/17.035 C. Resolution No. R-17-04 FDOT Supplemental JPA — Design of Taxiways C, D & E (Transmittal, R-16-14, R-17-04, JPA) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION REFLECTING AMENDED AMOUNTS FOR THE DESIGN TAXIWAY C, D & E PROJECT AT THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING FOR CONFLICT; PROVIDING FOR EFFECTIVE DATE. 17.028 D. Resolution No. R-17-05 — Final Plat — Jackson Street Corners (Transmittal, R-17-05, Final Plat, Application) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS JACKSON STREET CORNERS, BEING A REPLAT OF A PORTION OF OCEAN BREEZE HEIGHTS SUBDIVISION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 17.036 E. Approve the Purchase of One 2017 Nissan Frontier 4WD Pickup for the Engineering Department in the Amount of $33,494.75 Under the National Joint Powers Alliance Bid #2017 -120716 -NAF (Transmittal, Repair Log, Quote, NJPA Bid) 17.037 F. Approve Alcoholic Beverages for Pinkney Event at the Yacht Club on February 25, 2017 from 12:00 p.m. to 4:00 p.m. DOB Verified (Application, Receipt) 17.038 G. Approve Alcoholic Beverages for Maldonado Event at Community Center on March 4, 2017 from 2:00 p.m. to 10:00 p.m. DOB Verified (Transmittal, Application, Receipt) 10 of 159 Regular City Council & CRA Meeting February 8, 2017 Page Four Ms. Kinchen asked to pull Item E. MOTION by Vice Mayor Coy and SECOND by Mr. Dodd to approve consent agenda items A through D, F and G. ROLL CALL: Mr. Dodd — Aye Mr. Hill —Aye Ms. Kinchen — Aye Mayor McPartlan — Aye Vice Mayor Coy - Aye Motion carried 5-0. Item E — Nissan Frontier Ms. Kinchen asked the City Manager to find a way for department heads to plan for non - budgeted, large items in the next budget. The City Manager said it was extraordinary item and stood by the request. MOTION by Mr. Hill and SECOND by Vice Mayor Coy to approve item E of the consent agenda. ROLL CALL: Motion carried 5-0. Mr. Hill —Aye Mayor McPartlan — Aye Mr. Dodd - Aye Ms. Kinchen — Aye Vice Mayor Coy — Aye 10. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. Mayor McPartlan reported at the MPO meeting, the moving of the North County Hub to the conservation area was discussed. There was consensus for it to be a well -lit area, have cameras, and a police presence. He said that area was the most efficient way to hook up the four transit lines. Mayor McPartlan also reported there will be a walking overpass over Interstate 95 so this will also be a congregate point for walkers and joggers. Mr. Dodd asked if it would be possible for the MPO to consider restructuring the north side of the exchange of CR512 and CR510 because it is over extended and the hub will increase the traffic. The City Engineer explained Watervliet only has one lane in each direction so having three movements in one lane causes the buses to stack up. The plan is to move the staging area further from the intersection and make a loop pattern in the conservation area. Mr. Hill said if the corner is to be developed at the northeast side, counts should be done to see if the intersection should be revamped. Mayor McPartlan asked the City Engineer to relay those concerns to the MPO. 6:41 pm 11 of 159 Regular City Council & CRA Meeting February 8, 2017 Page Five 17.014 A. Citizens Budaet Review Advisory Board Consider the Appointment of Alternates (Transmittal, Code § 2-167, 2-171) The City Clerk advised the Code provides that each board may have up to two alternates. MOTION by Mr. Hill and SECOND by Vice Mayor Coy to add two alternate members to the Budget Review Advisory Board as soon as possible. ROLL CALL: Ms. Kinchen — Aye Mayor McPartlan — Aye Vice Mayor Coy - Aye Mr. Dodd - Aye Mr. Hill - Aye Motion carried 5-0. 11. PUBLIC HEARINGS - None 12. UNFINISHED BUSINESS - None 13. PUBLIC INPUT New information or requests to city council not otherwise on the prepared agenda Andrea Ring, 407 Quarry Lane, said the City has been subsidizing the Eagles Nest Restaurant for 26 years and is eating up the Golf Course's profit. She asked Council to let the City Manager continue with the RFP to let someone else respond, noting the final decision will be made by City Council. Mayor McPartlan advised her that the City Manager is in negotiations and he believes the City will receive fair market value. Jim Sunnycalb reported the blue light in the Easy Street pond is well received on Facebook. Mr. Sunnycalb said he lives in Collier Creek and the water assessment was voted down twice, it should have been installed when the subdivision was built; he would prefer to have a choice in hooking up to the water. 14. NEW BUSINESS 17.023 A. Consider FY17/18 Budaet Obiectives (Transmittal, Draft Minutes, CM Dodd Input) 17.023 B. Consider FY17/18 CIP Items (Transmittal, Draft Minutes, CIP Summarv) The City Manager asked to combine discussion on these agenda items. Mr. Dodd said the intent was to see if Council was amenable to producing a statement of goals and cited his items on page 65 of the agenda backup. He said he isn't opposed to raising taxes for a good reason but he is opposed to raise taxes just to raise taxes. Mr. Hill said he agreed with Mr. Dodd; does not want to spend one penny more than needed to maintain the quality of life; he agreed with his capital improvement objectives. He would like to see lighting and landscaping added to the parking lot on CR512. 12 of 159 Regular City Council & CRA Meeting February 8, 2017 Page Six 7:10 pm Vice Mayor Coy said she supported Mr. Hill's statement, not to spend because it allows for fluctuations. She said Council is capable to argue with the Budget Committee on any items that are not necessary. She said by not budgeting any more ad valorem revenue, which is sort of obscurely setting the millage rate, implies they anticipate zero growth, or growth will pay for itself, and doesn't take into account contractual obligations such as pay raises for staff. The City Manager said there will be labor negotiations this year for wages but there is no automatic increase. Mr. Dodd asked when the last time the Budget Committee came back to Council not to increase the millage at least above the rolled -back rate; he would like to establish goals without saying they are going to the rolled -back rate. Mayor McPartlan said they should always stay within their means and asked if they were taking away the City Manager's ability to navigate through key projects. He is willing to go item by item in the budget. Mr. Dodd said they could pay back the retirement loan tomorrow if they wanted to; at the end of the last budget cycle a $240K operational surplus was put into the R& R fund and yet taxes were raised without paying back the retirement loan—making it even more important to provide some goal setting. Mr. Dodd said one of the Budget Committee members mentioned they did not want to borrow from the reserve to pay an operational expense. He said there are some staffing issues that the City Manager needs and they should concentrate on addressing that. MOTION by Vice Mayor Coy and SECOND by Mayor McPartlan to advise the Budget Review Committee that not one penny more than we have to—to maintain our quality of life- -will be budgeted, in the next budget. ROLL CALL: Motion carried 4-1. Mayor McPartlan – Aye Mr. Dodd – Nay Ms. Kinchen - Aye Vice Mayor Coy - Aye Mr. Hill –Aye 17.039 C. Consider Parks and Recreation Master Plan Proposal from Tindale Oliver Design in the Amount of $50,000 and Authorize the Citv Manager to Execute Appropriate Documents (Transmittal, Agreement) The City Manager stated Tindale Oliver has submitted an agreement for a master plan and staff recommended consideration. MOTION by Ms. Kinchen and SECOND by Mr. Hill to approve the Tindale Oliver master plan. Mr. Dodd asked if this could be done in-house or could they use the money to hire an employee to address this and some of their planning needs. The City Manager said this was brought forward at the request of the Parks and Recreation Advisory Committee and didn't necessarily agree with it. 13 of 159 Regular City Council & CRA Meeting February 8, 2017 Page Seven Mayor McPartlan cited the $10,000 charge for community outreach and recalled the unused plan developed for a new community center. At that time only two Council Members and four citizens provided input. Ms. Coy noted the agreement will provide the City a flyer to acquire the input instead of the consultant. She suggested it should be done in-house. Mr. Hill noted there is not enough staff at this time and to hire someone will be more than $50,000; if they didn't like the project, the project should be nixed but to be careful about adding professional staff. ROLL CALL: Vice Mayor Coy - Nay Mr. Dodd — Nay Mr. Hill —Aye Ms. Kinchen —Aye Mayor McPartlan - Nay Motion failed 3-2 to hire Tindale Oliver to develop a parks master plan. 15. CITY ATTORNEY MATTERS - None 16. CITY MANAGER MATTERS The City Manager asked to withdraw the proposal to reduce the fishing piers and docks that he brought forward at the last meeting except for the Boudrot pier. He recommended reconstructing the piers to their original length and offered to bring back a demolition estimate for the Boudrot pier to the next meeting. 17. CITY CLERK MATTERS - None 18. CITY COUNCIL MATTERS A. Mavor McPartlan Mayor McPartlan reported that April is Child Abuse Prevention Month and requested that CASTLE be allowed to install a Memory Field in Riverview Park from April 19-28. There was no objection. He will advise Council of date for the ceremony. B. Vice Mavor Cov Vice Mayor Coy asked that Sebastian's participation in the Indian River Lagoon Coalition be placed on the next agenda. She noted the City Manager receives a lot of requests and she would like him to have unanimous support before he carries out a request. For example, the blue light was installed at the Easy Street pond based on two people; it should be clear where the City Manager's support is coming from. C. Council Member Dodd Mr. Dodd said he wasn't sure how the procedure for installing the blue light happened and Mr. Hill said it seemed like a maintenance decision. Vice Mayor Coy explained that people who live on road weren't consulted, the request came from Mr. Sunnycalb and a Parks and Recreation board member; it wasn't voted on and a decision was made. Mr. Hill noted the light is a management issue. Vice Mayor Coy said she wanted to reinforce that is okay for the Manager to say no and appreciates his decision to keep the light blue until April. 14 of 159 Regular City Council & CRA Meeting February 8, 2017 Page Eight D. Council Member Hill - None E. Council Member Kinchen - None 19. Being no further business, Mayor McPartlan adjourned the Regular City Council Meeting at 7:30 p.m. Approved at the February 22, 2017 Regular City Council Meeting. Mayor Bob McPartlan ATTEST: Jeanette Williams, MMC — City Clerk 15 of 159 Ln Cf SEBAST" HOME OF PELICAN ISLAND COUNCIL MEETING DATE: AGENDA ITEM TITLE: RECOMMENDATION: CITY COUNCIL AGENDA TRANSMITTAL 22 February 2017 Resolution Accepting 1" Quarter Financial Report and Adopting Necessary Amendments to the FY 2016-2017 Annual Budget. Approve R-17-06. BACKGROUND: Pursuant to City financial policies, budget reviews and any necessary adjustments are presented to the City Council quarterly. A capital project status report, investment report, report on General Fund Reserves and accomplishments are also included. Council previously approved an adjustment to allocate funds to `move up' the purchase of a dump truck scheduled for future replacement in the Capital Improvement Plan. Formal approval by the City Council is normally requested on the use of balances in the Equipment and Facilities Renewal and Replacement Reserve but no unbudgeted repair or replacement items were required during this quarter. The City Manager has discretion to use that Reserve and request formal approval with the next Quarterly Financial Report. In accordance with the authority given by the Annual Budget Resolution, the City Manager has approved other budget transfers between accounts within Departments and made adjustments necessary to "implement programs, projects and expenditures authorized by the City Council." The City Manager's adjustments included reestablishing capital project budgets and making budget changes to reallocate funds to and from expenditure accounts and capital projects as necessary during the quarter. All the above adjustments are summarized in Exhibit "A" that is an attachment to the Resolution. IF AGENDA ITEM REOUIRES EXPENDITURE OF FUNDS: Total Cost: As per Exhibit "A" of Resolution Amount of Appropriation Required: As per Exhibit "Al" of esolution Administrative Services Department Review: A ATTACHMENTS: 1. R-17-06 and Exhibit "A" 2. FYI 6117 Q 1 Financial Report City Manager Authorization: ' r - Date: 15 February 2017 16 of 155 RESOLUTION NO. R-17-06 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA AMENDING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2016 AND ENDING SEPTEMBER 30, 2017 AS PROVIDED FOR IN EXHIBIT "A"; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, an analysis of the revenues and expenditures for the three (3) months that ended on December 31, 2016 indicated that no further adjustments needed approval by the City Council; and WHEREAS, the City Council and City Manager have previously approved any other necessary adjustments in accordance with the Annual Budget Resolution; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, THAT: Section 1. The budget of the City of Sebastian, Indian River County, Florida for the Fiscal Year beginning October 1, 2016 and ending September 30, 2017 be amended as necessary, a summary of such amendments being attached hereto and more particularly identified as Exhibit "A", the revised appropriations, if any, are set out therein and are hereby made to maintain and carry on the government of the City of Sebastian, Indian River County, Florida. Section 2. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. This Resolution shall become effective immediately upon its adoption. It was moved for adoption by Councilmember . The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Bob McPartlan Vice Mayor Andrea Coy Councilmember Jim Hill Councilmember Linda Kinchen Councilmember Ed Dodd The Mayor thereupon declared this Resolution duly passed and adopted this 8th day of March 2017. ATTEST: Jeanette Williams, MMC City Clerk CITY OF SEBASTIAN, FLORIDA By: Mayor Bob McPartlan Approved as to form and content for reliance by the City of Sebastian only: Robert A. Ginsburg, City Attorney 17 of 155 EXHIBIT "A" of RESOLUTION R-17-06 SUMMARY OF BUDGET CHANGES FOR THE QUARTER ENDED DECEMBER 31, 2016 Amounts Chanqes Authorized by City Manaqer: Adjustment for capital projects active and in progress at the end of the previous fiscal year. $ 2,863,497 Adjustment to reflect reimbursement for repairs to a damaged Airport gate, $ 4,475 Adjustment to carry forward remaining balances of amounts budgeted for sign grants. $ 46,726 Adjustment to reflect donation from the Senior Activity Center for computer accessories/graphics. $ 500 Adjustment combining unspent balances from 2016 with current year Computer Upgrades project. $ 62,440 Adjustment to add funds and close project for Police Department Roof Repair project. $ 613 Adjustment to cancel project for Riverview Park Fencing. $ 25,000 Adjustment to reduce budget and close Brushfoot Bikepath project. $ 5,923 Reduction of adjustment reinstating projects active and in progress at end of the previous fiscal year. $ 53,910 Adjustment to apply funds to street reconstruction that were the difference in restoring only one-half $ 132,925 of amounts advanced from Reserves for the Early Retirement Program and the millage reduction. Chanqes Approved by City Council: Amounts Adjustment to cancel PW Compound projects and add funds to enable purchase of two Dump $ 84,000 Trucks versus the one originally scheduled for this year. Additional Chanqes Submitted for Citv Council Approval: Amounts None. nla 18 of 155 CITY OF SEBASTIAN QUARTERLY FINANCIAL REPORT EXECUTIVE SUMMARY OVERVIEW THE FIRST QUARTER FOR GENERAL FUND ENDED WITH 39% OF BUDGETED REVENUES RECEIVED AND DEPARTMENTS SPENDING 24% OF AMOUNTS ALLOCATED. THE R&R RESERVE DID NOT NEED TO BE USED DURING THE QUARTER, HOWEVER EXPENDITURES WERE AFFECTED BY HURRICANE MATTHEW. REDUCTIONS IN GOLF COURSE REVENUES AND INCREASED MAINTENANCE EXPENSES RESULTED IN A HIGHER NEGATIVE AMOUNT OF RESERVES. REVENUES AND EXPENSES AT THE AIRPORT DO NOT INCLUDE GRANT RECEIPTS AND EXPENSES, AS THESE ARE NOT BEING MATCHED WITH AIRPORT FUNDS. BUILDING FUND RESERVES WERE LOANED TO THE GOLF COURSE IN ORDER TO FINANCE NEEDED IMPROVEMENTS. GENERAL FUND The graph below and left compares General Fund Revenues, Expenditures and Total Cash Reserves at the end of the 1st quarter to the end of the prior fiscal year. With property tax receipts, revenues are typically much higher than expenditures in the I" quarter. The graph below and right compares the I' quarter of this year to the V quarter of the prior 2 years. Revenues are somewhat higher, while expenditures are less than the same period of the prior years. 12 000 000 5,000,444 4,500,000 10,000,000 4,000,400 3500,000 . 8,000,000 3,000,000 2,500,004 6,000,000 2,000,000 4 000 0� 1,500,404 3,000,000 2,000,000 500,000 i 0 V1 % Revenues Expended +1 -Reserves Revenues Expended Reserves I112f0 014 4,052,596 2,528,958 1,523,638 19+3NO16 11,740,854 11,582,021 5,526,674 IsM12015 4,480,592 3,087,917 1,392,675 1imir2016 4,620,819 2,875,476 7,272,017 I IN010161 4,620,819 2,875,476 1,745,343 The graph below and left shows collections through the I" quarter of the three main sources of General Fund Revenue and of those three as a total. Those three sources and property taxes are 71% of budgeted revenue. $66,030 more was received from those three sources through the V quarter of this year, as compared to the same period last year. The graph below and right shows the percentage of budgeted expenditures by department at the end of the quarter. In total, departments expended 24% of amounts budgeted. 5,000,000 4,500,000 4,000,000 3,500,000 3,000,000 2,500,000 2,000,000 1,500,000 1,000,000 500,000 1sI W016 1st QV 2017 2017 Budget 2017 Projeckn 1&dcFodise 064VJgTax VkelSAsTax oToalsafbeThe 100.0% 75.0% 50.0% 25.0% 0.U°/o adv �e� e9 �e� . ,d' 4 aye �� �a\ qN,G ]Page 1 of 3 19 of 155 CITY OF SEBASTIAN QUARTERLY FINANCIAL REPORT EXECUTIVE SUMMARY (CONTINUED) SPECIAL REVENUE FUNDS AND CAPITAL PROJECTS Special Revenue Funds provide most of the monies needed for capital projects. The graph below and left shows collections the current year compared to last year and shows the current annual budget and projected collections for Local Option Gas Taxes (LOGT), Discretionary Sales Tax (DST) and Stormwater Fees. The graph below and right shows totals budgeted for capital projects, as compared to amounts spent through the 0 quarter of this year. It reflects large unexpended amounts for the Police Evidence Garage, Working Waterfront, Friendship Park, Street Reconstruction, Street Repaving, Stormwater Improvements, Golf Course and Airport Projects. 3,54000 3,000,000 2,S0 ,WO 2,000,000 1,500,000 1,000,000 500A00 LOGT OST Stanmx Kee DEBT SERVICE FUNDS AND LONGTERM DEBT 7,000,000 6,000,000 5,000,000 4,000,000 3,000,000 2,000,000 1,000,000 .A, astFJ , taG�Fee Sta���?S'Fa�age�90Nkcp o�,�3 , 09 C � get CP V, �0 ve The City's long-term debt includes the Discretionary Sales Tax Bank Note ($706,000 outstanding, maturing 4101117) and the Stormwater Revenue Bank Note ($2,275,000 outstanding, maturing 5/01/22). The City refunded previously issued bonds with Bank Notes on December 18, 2013, The City has a Bank Note for Street Repaving ($1,267,000 outstanding, maturing 12101122) and a Bank Loan on Golf Carts ($162,777 outstanding, maturing 10131117). The City is in compliance with requirements on all these obligations. GOLF COURSE The graph below and left compares Golf Course Revenues, Expenses and Reserves through the end of this year to the end of the prior fiscal year. The graph below and right compares Revenues and Expenses through the end of this year to the end of the prior two years. Negative Reserve balances and the amount of change in Reserves are greater due to less revenue being recorded and because of expenses incurred for necessary maintenance. 1,500000 1,300,000 1,100,000 900,000 700,000 500,000 300,000 100,000 (100,0q (30) Revenues 1,135,912 323,396 ExNrdl 1,449,639 364,809 Resehes (578.613 (620,027) 400,000 350,000 300,000 250,000 200,000 15000 100,000 — 50,000 (50'000)Reverts Erpa�d¢d �� R�a�es IllMlIM14 366,809 820,765 46,044 1121015 335,521 34753 (23,232) 101MI2016 323,395 364,809 (41,414) Page 2 of 3 20 of 155 AIRPORT The graph below and left compares Airport Revenues, Expenses and Reserves through the end of this year to the end of the prior fiscal year. The graph below and right compares Revenues and Expenses through this year to the prior two years, plus the positive or negative impact to Reserves. 600,000 500,000 400,000 300,000 200,000 100,000 (100,000) (200,000) Revenues 9'3012016 517,343 112510161 112,515 L. Expended Reseves 479,700 42,482 102,267 52,73} 300,000 250,000 200,000 150,000 100,000 50,000 0 IMAM Revenues 1112i3112914 132,442 11126111015 A837 11126112016 112,515 Expended +I-Reseves 97,568 34,474 24222 (6,385) 102,267 10,248 BUILDING The graph below and left compares Building Department Revenues, Expenses and Reserves through the end of this year to the end of the prior fiscal year. The graph below and right compares Revenues and Expenses through this year to the prior two years, plus the positive or negative impact to Reserves. Revenues are consistently exceeding expenses. 1,400,000 259,000 1,200,000 200,000 1,000,000 800,004 159,090 6a9,o99 1 44.004 09,000 200,009 `- 50,900 0 (200,000) 0 Revenues Exoended Reserves Revenues Expended +I-Remmes Iurn 815,301 637,001 1,192262 11004 168,978 135,801 33,177 1213112016 160,297 144,545 1,298,014 111213VP015 216,796 152,229 64,567 IM 12/3112016 160,297 144,545 15,752 Pave 3 of 3 21 of 155 CITY OF SEBASTIAN FUND SUMMARIES QUARTER ENDING 12/31/96 2013/2014 2014/2015 2015/2016 2016/2017 2016/2017 2016/2017 1st QTR 1st QTR 1st QTR 1st OTR ANNUAL PERCENT ACTUALS ACTUALS ACTUALS ACTUALS BUDGET OF BUDGET GENERAL FUND TAXES -3,002,636.56 -3,277,912,33 -3,630,269.13 -3,869,494.99 -7,871,032.00 49.16% LICENSES & PERMITS -80,635.18 -106,039.46 -87,442.66 -86,469.07 -139,500.00 61.98% INTERGVT'L REVENUE -324,853.06 -350,657.93 -382,453.53 -383,571.79 -2,519,300.00 15.23% CHARGES FOR SERVICE -89,843.52 -81,787.25 -77,074.34 -71,147.58 -321,102.00 22.16% FINES AND FORFEITS -17,177.74 -17,799.08 -33,899.20 -12,041.99 -55,000.00 21.89% MISC. REVENUE -56,660.15 -39,576.03 -77,181.96 -33,093.19 -267,054.00 12.39% TRANSFERS IN -156,277.50 -178,823.52 -192,271.38 -164,999.97 -663,569.00 24,87% FROM FUND BALANCES 0.00 0.00 0.00 0.00 -38,454.00 0.00% GENERAL FUND REVENUE -3,728,083.71 -4,052,595.60 -4,480,592.20 -4,620,818.58 -11,875,011.00 38.91% CITY COUNCIL 12,430.11 10,591.91 10,782.38 11,994.41 53,889.00 22.26% CITY MANAGER 85,827.74 52,695.94 63,764.18 62,061.58 351,843.00 17.64% CITY CLERK 87,114.50 88,106.88 103,385.84 56,767.85 188,919.00 30.05% LEGAL 15,978.10 16,152.76 13, 028.00 16, 234.00 101,720.00 15.96% ADMINISTRATIVE SERVICES 104,972.58 86,393.95 102,148.85 101,979.62 487,476.00 20.92% M.I.S. DIVISION 35,226.38 30,643.68 49,840.14 44,585.56 233,201.00 19.12% AUDIO VISUAL/BROADCAST 0.00 0.00 24,571.60 28,260.13 121,939.00 23.18% POLICE DEPARTMENT 1,014,320.34 1,009,670,07 1,431,318.26 1,391,701.53 4,865,635.00 28.60% ENGINEERING 0.00 0.00 0.00 126,137.61 534,121.00 23.62% ROADS AND DRAINAGE 182,689.77 163,605.33 181,527.48 96,359.00 591,718.00 16.28% STORMWATER UTILITY DIVIS 171,717.50 297,634.82 278,266.73 142,163.14 923,036.00 15.40% CENTRAL GARAGE 50,909.49 46,872.51 53,772.18 44,781.73 240,448,00 18.62% FACILITIES MAINTENANCE 35,887.89 63,334,46 46,011.56 95,193.03 265,037.00 35.92% PARKS/RECREATION 212,729.09 214,526.25 206,554.56 209,621.35 925,284.00 22.65% CEMETERY 45,151.46 39,662.31 51,714.17 32,484.78 147,816.00 21.98% COMMUNITY DEVELOPMENT 45,656.30 57,318.28 45,504.92 36,364.27 267,729.00 13.58% NON -DEPARTMENTAL 339,567.69 351,748.82 425,725.66 378,786.18 1,575,200.00 24.05% GENERAL FUND EXPENDITURES 2,440,178.94 2,528,957.97 3,087,916.51 2,875,475.77 11,875,011.00 24.21% LOCAL OPTION GAS TAX TAXES -91,230.75 -101,383.41 -108,172.47 -113,744.04 -665,600.00 17.09% INTERGVT'L REVENUE 0.00 0.00 0.00 0.00 -12,532.00 0.00% MISC. REVENUE -12.49 -166.14 -321.30 -306.46 -97.00 315.94% TRANSFERS IN 0.00 0.00 0.00 0.00 -200,000.00 0.00% FROM FUND BALANCE 0.00 0.00 0.00 0.00 -209,509.00 0.00% LOGT FUND REVENUE -91,243.24 -101,549.55 -108,493.77 -114,050.50 -1,087,738.00 10.49% OPERATING EXPENSES 48,522.01 55,885.47 51,040.72 3,760.25 95,103.00 3.95% DEBT SERVICE 121,360.30 121,391.20 121,383.30 14,336.60 242,635.00 5.91% TRANSFERS OUT 0.00 0.00 0.00 0.00 750,000.00 0.00% LOGT FUND EXPENDITURES 169,882.31 177,276.67 172,424.02 18,096.85 1,087,738.00 1.66% DISCRETIONARY SALES TAX TAXES -362,912.48 -386,176.69 -410,403.45 -418,337.50 -3,004,788.00 13.92% MISC. REVENUE -1,371.09 -1,413.32 -1,276.00 -2,472.91 -27,418.00 9.02% FROM FUND BALANCES 0.00 0.00 0.00 0.00 -2,028,541.00 0.00% DST FUND REVENUE -364,283.57 -387,590.01 -411,679.45 -420,810.41 -5,060,747.00 8.32% TRANSFERS OUT 448,184.27 416,710.76 993,140.78 231,343.71 3,803,341.00 6.08% TO FUND BALANCES 0.00 0.00 0.00 0.00 1,257,406.00 0.00% DST FUND EXPENDITURES 448,184.27 416,710.76 993,140.78 231,343.71 5,060,747.00 4.57% RiVERFRONT REDEVELOPMENT FUND MISC. REVENUE -487.09 -9,291.91 -6,560.06 -9,472.71 -37,322.00 25.38% TRANSFERS IN -272,060.44 -296,420.01 -349,624.18 -342,240.96 -343,707.00 99.57% FROM FUND BALANCES 0.00 0.00 0.00 0.00 -235,455.00 0.00% RRD REVENUE -272,547,53 -305,711.92 -356,184.24 -351,713.67 -616,484.00 57.05% OPERATING EXPENSES 43,912,23 58,554.52 61,373.28 34,833.81 137,087.00 25.41% CAPITAL OUTLAY 0.00 0,00 11,208.90 0.00 0.00 nla GRANTS AND AIDS 0.00 15,000.00 3,791.25 0.00 281,226.00 0.00% TRANSFERS OUT 15,000.00 15,150.00 16,250.01 0.00 188,729.00 0.00% TO FUND BALANCES 0.00 0.00 0.00 0.00 9,42200f 1550-00% RRD EXPENDITURES 58,912.23 88,704.52 92,623.44 34,833.81 616,484.00 5.65% CITY OF SEBASTIAN FUND SUMMARIES QUARTER ENDING 12/31116 23 of 155 2013/2014 201412015 2015/2016 201612017 201612017 201612017 1st QTR 1st QTR 1st QTR 1st QTR ANNUAL PERCENT ACTUALS ACTUALS ACTUALS ACTUALS BUDGET OF BUDGET PARKING 1N LIEU OF FUND MISC. REVENUE -3,958.32 -6,591.21 -12,523.21 -5,538.10 -19,837.00 27.92% FROM FUND BALANCES 0.00 0.00 0.00 0.00 -13,792.00 0.00% PARKING IN LIEU REVENUE -3,958.32 -6,591.21 -12,523.21 -5,538.10 -33,629.00 16.47% CAPITAL OUTLAY 0.00 -2,834.00 0.00 0.00 0.00 nla TRANSFERS OUT 0.00 0.00 0.00 0.00 13,792.00 0.00% TO FUND BALANCES 0.00 0.00 0.00 0.00 19,837.00 0.00% PARKING IN LIEU EXPENDITURES 0.00 -2,834.00 0.00 0.00 33,629.00 0.00% RECREATION IMPACT FEE FUND MISC. REVENUE -39,461.27 -34,534.13 -51,957.06 -22,691.03 -137,312.00 16.53% FROM FUND BALANCES 0.00 0.00 0.00 0.00 -162,908.00 0.00% REC. IMPACT FEE REVENUE -39,461.27 -34,534.13 -51,957.06 -22,691.03 -300,220.00 7.56% OPERATING EXPENSES 0.00 3,280.00 0,00 0.00 0.00 nla TRANSFERS OUT 21,618.41 4,750.00 0.00 0.00 300,220.00 0.00% REC. IMPACT FEE EXPENDITURES 21,618.41 8,030.00 0.00 0.00 300,220.00 0.00% STORMWATER UTILITY FUND MISC. REVENUE -764,390.70 -748,392.38 -773,193.53 -800,062.44 -996,875.00 80.26% TRANSFERS IN 0.00 0.00 0.00 0.00 -100,000.00 0.00% FROM FUND BALANCES 0.00 0.00 0.00 0.00 -153,152.00 0.00% STORMWATER FUND REVENUE -764,390.70 -748,392.38 -773,193.53 -800,062.44 -1,250,027.00 64.00% OPERATING EXPENSES 10,922.60 7,846.34 -11,929.60 3,461.84 20,000.00 17.31% TRANSFERS OUT 253,430.01 225,534.00 199,076.88 252,526.56 1,230,027.00 20.53% STORMWATER EXPENDITURES 264,352.61 233,380.34 187,147.28 255,988.40 1,250,027.00 20.48% LAW ENFORCE FORFEITURE FUND FINES AND FORFEITS 0.00 -700.00 0.00 -25,911.00 -1,000.00 2591.10% MISC. REVENUE -120.55 -18.53 -27,562.36 -76.18 -145.00 52.54% FORFEITURES FUND REVENUE -120.55 -718.53 -27,562.36 -25,987.18 -1,145.00 2269.62% OPERATING EXPENSES 592.56 1,256.94 0.00 1,101.04 0.00 nla CAPITAL OUTLAY 0.00 0.00 15,158.69 0.00 0.00 nla GRANTS AND AIDS 0.00 3,000.00 0.00 0.00 0.00 nla TO FUND BALANCES 0.00 0.00 0.00 0.00 1,145.00 0.00% FORFEITURES EXPENDITURES 592.56 4,256.94 15,158.69 1,10 .04 1,145.00 96.16% DST DEBT SERVICE FUND MISC. REVENUE -39,742.12 -117.78 -144.41 -29.00 -1,591.00 1.82% TRANSFERS IN -253,123.26 -256,471.74 -216,777.99 -88,231.74 -352,927.00 25.00% FROM FROM BALANCES 0.00 0.00 0.00 0.00 -356,036.00 0.00% DST DEBT SERVICE REVENUE -292,865.38 -256,589.52 -216,922.40 -88,260.74 -710,554.00 12.42% DEBT SERVICE 1,842,278.95 516,739.00 515,404.60 0.00 710,554.00 0.00% DST DEBT EXPENDITURES 1,842,276.95 516,739.00 515,404.60 0.00 710,554.00 0.00% STORMWATER DEBT SERVICE FUND MISC. REVENUE -39,047.49 -157.74 -207.54 -184.82 -112.00 165.02% TRANSFERS IN -110,430.00 -100,533.99 -100,285.26 -100,740.75 -402,963.00 25.00% FROM FUND BALANCES 0.00 0.00 0.00 0.00 -57.00 0.00% STORMWATER DEBT REVENUE -149,477.49 -100,691.73 -100,492.80 -100,925.57 -403,132.00 25.04% DEBT SERVICE 327,905.61 25,794.30 22,749.50 126,678.75 403,132.00 31.42% STORMWATER DEBT EXPENDITURES 327,905.61 25,794.30 22,749.50 126,678.75 403,132.00 31.42% 23 of 155 CITY OF SEBASTIAN FUND SUMMARIES QUARTER ENDING 12131/16 24 of 155 201312014 201412015 2015/2016 2016/2017 2016/2017 201612017 1st QTR 1st QTR 1st QTR 1st QTR ANNUAL PERCENT ACTUALS ACTUALS ACTUALS ACTUALS BUDGET OF BUDGET GOLF COURSE FUND CHARGES FOR SERVICE -338,798.30 -360,272.77 -328,268.91 -320,903.64 -1,298,500.00 24.71% MISC. REVENUE -479,862.92 -6,536.34 -7,252.28 -2,490.98 -40,460.00 6.16% TRANSFERS IN 0.00 0.00 0.00 0.00 -18,463.00 0.00% GOLF COURSE FUND REVENUE -818,661.22 -366,809.11 -335,521.19 -323,394.62 -1,357,423.00 23.82% PERSONAL SERVICES 47,104.72 48,894.26 62,577.93 62,102.76 278,734.00 22.28% OPERATING EXPENSES 85,133.01 79,173.89 78,883.27 73,990.56 317,138.00 23.33% CAPITAL OUTLAY 132,440.00 0.00 0.00 0.00 0.00 nla TRANSFERS OUT 16,324.67 15,102.51 16,621.12 0.00 0.00 nla TO FUND BALANCE 0.00 0.00 0.00 0.00 33,939.00 0.00% TOTAL ADMINISTRATION 281,002.40 143,170.66 158,082.32 136,093.32 629,811.00 21.61% OPERATING EXPENSES 140,155.49 141,160.83 143,229.14 178,370.29 558,232.00 31.95% DEBT SERVICE 5,002.71 0.00 0.00 0.00 5,527.00 0.00% TOTAL MAINTENANCE 145,158.20 141,160.83 143,229.14 178,370.29 563,759.00 31.64% PERSONAL SERVICES 15,914.84 17,445.70 22,347.19 20,081.45 103,547.00 19.39% OPERATING EXPENSES 3,256.14 100.08 645.48 862.94 2,900.00 29.76% DEBT SERVICE 4,783.87 14,351.61 14,351.61 14,351.61 57,406.00 25.00% TOTAL GOLF COURSE CARTS 21,954.85 31,897.39 37,344.28 35,295.00 163,853.00 21.54% GOLF COURSE FUND EXPENDITURES 448,180.41 320,764.54 358,753.21 364,809.11 1,392,323.00 26.20% AIRPORT FUND CHARGES FOR SERVICE -2,336.36 -825.50 -2,569.01 -2,295.53 -18,750.00 12.24% MISC. REVENUE -104,519.64 -131,216.49 -286,267.55 -110,219.39 -417,331.00 26.41% AIRPORT REVENUE -106,856.00 -132,041.99 -288,836.56 -112,514.92 -436,061.00 25.80% PERSONAL SERVICES 36,347.95 28,536.70 30,462.19 46,184.07 203,827.00 22.66% OPERATING EXPENSES 78,266.16 56,247.86 61,722.97 53,583.00 183,549.00 29.19% CAPITAL OUTLAY 0.00 0.00 183,390.00 0.00 0.00 n1a DEBT SERVICE 0.00 0.00 0.00 0.00 24,500.00 0.00% TRANSFERS OUT 0.00 12,500.01 12,499.89 2,499.99 10,000.00 25.00% TO FUND BALANCE 0.00 0.00 0.00 0.00 14,205.00 0.00% AIRPORT ADMINISTRATION 114,614.11 97,284.57 268,075.05 102,267.06 436,081.00 23.45% OPERATING EXPENSES 12,637.50 282.99 1,126.98 0.00 0.00 nla CAPITAL OUTLAY 0.00 0.00 6,019.90 0.00 0.00 n1a ECONOMIC DEVELOPMENT 12,637.50 282.99 7,146.88 0.00 0.00 n1a AIRPORT EXPENDITURE 127,251.61 97,567.56 295,221.93 102,267.06 436,081.00 23.45% BUILDING FUND LICENSES & PERMITS -154,943.07 -162,912.68 -212,078.27 -148,786.40 -727,800.00 20.44% CHARGES FOR SERVICE -2,508.55 -3,089.94 -3,240.61 -2,617.89 -12,600.00 20.78% FINES AND FORFEITS -2,472.00 -1,785.86 0.00 -900.00 -4,000.00 22.50% MISC. REVENUE -1,270.93 -1,189.47 -1,477.16 -1,742.83 -10,820.00 16.11% TRANSFERS IN 0.00 0.00 0.00 -6,249.99 -25,000.00 25.00% FROM FUND BALANCE 0.00 0.00 0.00 0.00 -359,198.00 0.00% BUILDING REVENUES -161,194.55 -168,977.95 -216,796.04 -160,297.11 -1,139,418.00 14.07% PERSONAL SERVICES 73,140.11 86,767.07 101,864.76 104,065.58 454,131.00 22.92% OPERATING EXPENSES 21,872.47 22,710.60 24,343.07 22,639.69 124,470.00 18.19% CAPITAL OUTLAY 16,277.49 0.00 0.00 0.00 0.00 nla TRANSFERS OUT 0.00 26,323.50 26,021.49 17,839.91 524,198.00 3.40% TO FUND BALANCE 0.00 0.00 0.00 0.00 36,619.00 0.00% BUILDING EXPENDITURES 111,290.07 135,801.17 152,229.32 144,545.18 1,139,418.00 12.69% 24 of 155 CITY COUNCIL PERSONAL SERVICES OPERATING EXPENSES TOTAL CITY MANAGER PERSONAL SERVICES OPERATING EXPENSES TOTAL CITY CLERK PERSONAL SERVICES OPERATING EXPENSES CAPITAL OUTLAY TOTAL LEGAL OPERATING EXPENSES TOTAL ADMINISTRATIVE SERVICES PERSONAL SERVICES OPERATING EXPENSES TOTAL M.I.S. DIVISION PERSONAL SERVICES OPERATING EXPENSES TOTAL AUDIO VISUALIBROADCAST PERSONAL SERVICES OPERATING EXPENSES TOTAL POLICE ADMINISTRATION PERSONAL SERVICES OPERATING EXPENSES CAPITAL OUTLAY TOTAL POLICE PATROL PERSONAL SERVICES OPERATING EXPENSES CAPITAL OUTLAY TOTAL CODE ENFORCEMENT DIVISION PERSONAL SERVICES OPERATING EXPENSES TOTAL POLICE INVESTIGATIONS PERSONAL SERVICES OPERATING EXPENSES CAPITAL OUTLAY TOTAL POLICE COMMUNICATIONS PERSONAL SERVICES OPERATING EXPENSES TOTAL 2016/2017 1 st QTR ACTUALS 5,687.45 6,303.96 11,991.41 60, 556.24 1,505.34 62,061.58 34,300.55 22,467.30 0.00 56,767.85 16,234.00 16,234,00 93,830.35 8,149.27 101,979.62 19,258.19 25,327.37 44, 585.56 23, 549.37 4,710.76 28,260.13 196,145.21 23,632.22 0.00 219,777.43 719,366.36 49,496.08 0.00 768,862.44 35,993.67 3,642.68 39,636.35 188,811.56 25,728.00 0.00 214,539.56 144,759.13 4,126.42 148,885.55 201612017 ANNUAL BUDGET 22,764.00 31,125.00 53,889.00 345,688.00 6,155.00 351,843.00 152,739.00 36,180.00 0.00 188,919.00 101, 720.00 101,720.00 393, 766.00 93, 710.00 487,476.00 142,681.00 90, 520.00 233,201.00 105.362.00 16,577.00 121,939.00 593,434.00 131,562.00 0.00 724,996.00 2,303,075.00 260,677.00 15,000.00 2,598,752.00 148,113.00 18,386.00 166,499.00 666,787.00 121,240.00 6,000.00 794,027.00 567,085.00 14,276.00 581,361.00 2016/2017 PERCENT OF BUDGET 24.98% 20.25% 25 of 155 22.25% 17.52% 24.46% 17.64% 22.46% 62.10% nla 30.05% 15.96% 15.96% 23.83% 8.70% 20.92% 13.50% 27.98% 19.12% 22.35% 28.42% 23.16% 33.05% 17.96% n!a 30.311% 31.24% 17.63% 0.00% 29.59% 24.30% 19,81% 23.81% 28.32% 21.22% 0.00% 27.02% 25.53% 28.90% 25.61% CITY OF SEBASTIAN GENERAL. FUND DEPARTMENTS QUARTER ENDING 12131116 201312014 2014/2015 2015!2016 1stQTR 1st QTR 1st QTR ACTUALS ACTUALS ACTUALS 5,687.94 5,700.21 5,697.44 6,742.17 4,891.70 5,084,94 12,430.11 10, 591.91 10,782.38 85,410A0 51,119.78 61,848.28 417.34 1,576.16 1,915.90 85,827.74 52,695.94 63,764.18 42,498.15 59,009.33 50,902.31 44,616.35 24,001.55 52,483.53 0.00 5,096.00 0.00 87,114.50 88,106.88 103,385.84 15,978.10 16,152.76 13,028.00 15,978.10 16,152.76 13,028.00 87,195.95 85,463.28 94,366.91 17,776.63 930.67 7,781.94 104,972.58 86,393.95 102,148.85 30,587.12 22,501.22 32,087.30 4,639.26 8,142.46 17,752.84 35,226.38 30,643.68 49,840.14 0.00 0.00 19,850.64 0.00 0.00 4,720.96 0.00 0.00 24,571.60 110,908.52 136, 204.17 196,448.59 35,058.00 20,356.36 27,954.18 3,000.00 0.00 11,765.00 148,966.52 156,560.53 236,167.77 493,075.88 474,168.20 716,489.45 57,201.03 56.087.12 42,844.42 0.00 2,089.00 5,104.00 550,276.91 532,344.32 764,437,87 32,164.30 32,888.05 38,832.86 5,792.49 3,897.45 3,115.53 37,956.79 36,785.50 41,948.39 136,651.53 148,354.39 213,238.50 32,272.61 27,692.73 34,866.66 0.00 0.00 6,062.88 168,924.14 176,047.12 254,168.04 105,340.56 105,581.55 132, 344.36 2,855.42 2,351.05 2,251.83 108,195.98 107,932.60 134,596.19 2016/2017 1 st QTR ACTUALS 5,687.45 6,303.96 11,991.41 60, 556.24 1,505.34 62,061.58 34,300.55 22,467.30 0.00 56,767.85 16,234.00 16,234,00 93,830.35 8,149.27 101,979.62 19,258.19 25,327.37 44, 585.56 23, 549.37 4,710.76 28,260.13 196,145.21 23,632.22 0.00 219,777.43 719,366.36 49,496.08 0.00 768,862.44 35,993.67 3,642.68 39,636.35 188,811.56 25,728.00 0.00 214,539.56 144,759.13 4,126.42 148,885.55 201612017 ANNUAL BUDGET 22,764.00 31,125.00 53,889.00 345,688.00 6,155.00 351,843.00 152,739.00 36,180.00 0.00 188,919.00 101, 720.00 101,720.00 393, 766.00 93, 710.00 487,476.00 142,681.00 90, 520.00 233,201.00 105.362.00 16,577.00 121,939.00 593,434.00 131,562.00 0.00 724,996.00 2,303,075.00 260,677.00 15,000.00 2,598,752.00 148,113.00 18,386.00 166,499.00 666,787.00 121,240.00 6,000.00 794,027.00 567,085.00 14,276.00 581,361.00 2016/2017 PERCENT OF BUDGET 24.98% 20.25% 25 of 155 22.25% 17.52% 24.46% 17.64% 22.46% 62.10% nla 30.05% 15.96% 15.96% 23.83% 8.70% 20.92% 13.50% 27.98% 19.12% 22.35% 28.42% 23.16% 33.05% 17.96% n!a 30.311% 31.24% 17.63% 0.00% 29.59% 24.30% 19,81% 23.81% 28.32% 21.22% 0.00% 27.02% 25.53% 28.90% 25.61% CITY OF SEBASTIAN GENERAL. FUND DEPARTMENTS QUARTER ENDING 12/31116 26 of 155 2013/2014 201412015 2015/2016 201612017 201612017 201612017 1st QTR 1st QTR 1st QTR 1st QTR ANNUAL PERCENT ACTUALS ACTUALS ACTUALS ACTUALS BUDGET OF BUDGET ENGINEERING PERSONAL SERVICES 0.00 0.00 0.00 73,213.49 286,830.00 25.54% OPERATING EXPENSES 0.00 0.00 0.00 52,924.12 247,491.00 21.38% TOTAL 0.00 0.00 0.00 126,137.61 534,121.00 23.62% ROADS AND DRAINAGE PERSONAL SERVICES 152,123.81 118,271.27 155,803.50 86,884.54 477,678.00 18.19% OPERATING EXPENSES 30,565.96 45,334.06 21,933.05 9,474.46 114,040.00 8.31% CAPITAL OUTLAY 0.00 0.00 3,790.93 0.00 0.00 n/a TOTAL 182,689.77 163,605.33 181,527.48 96,359.00 591,718.00 16.28%. STORMWATER UTILITY DIVISION PERSONAL SERVICES 98,913.21 111,647.79 152,781.50 93,631.24 367,866.00 25.45% OPERATING EXPENSES 72,804.29 157,931.13 122,182.33 48,531.90 555,170.00 8.74% CAPITAL OUTLAY 0.00 28,055.90 3,302.90 0.00 0.00 n/a TOTAL 171,717.50 297,634.82 278,266.73 142,163.14 923,036.00 15.40%, CENTRAL GARAGE PERSONAL SERVICES 47,760.19 39.472.76 50,763.92 39,864.32 209,148.00 19.06% OPERATING EXPENSES 3,149.30 4,613.75 3,008.26 4,917.41 27,300,00 18.01% CAPITAL OUTLAY 0.00 2,786.00 0.00 0.00 4,000.00 0.00% TOTAL 50,909.49 46,872.51 53,772.18 44,781.73 240,448.00 18.62°/x, FACILITIES MAINTENANCE PERSONAL SERVICES 25,411.63 35,727.06 26,695.58 24,952.00 96,677.00 25.81% OPERATING EXPENSES 9,045.24 27,457.40 19,315.98 67,441.03 168,360.00 40.06°% CAPITAL OUTLAY 1,431.02 150.00 0.00 2,800.00 0.00 n/a TOTAL 35,887.89 63,334.46 46,011.56 95,193.03 265,037.00 35.92% PARKS/RECREATION PERSONAL SERVICES 143,189.32 152,791.22 153,540.65 130,075.91 539,114.00 24.13% OPERATING EXPENSES 56,061.98 61,735.03 53,013.91 79,545.44 386,170.00 20.60°% CAPITAL OUTLAY 13,477.79 0.00 0.00 0.00 0.00 n/a TOTAL 212,729.09 214,526.25 206,554.56 209,621.35 925,284.00 22.65°% CEMETERY PERSONAL SERVICES 32,350.29 34,560.64 40,347.87 27,900.74 122,431.00 22.79°% OPERATING EXPENSES 12,801.17 5,101.67 11,366.30 4,584.04 25,385.00 18.06% CEMETERY 45,151.46 39,662.31 51,714.17 32,484.78 147,816.00 21.98°% COMMUNITY DEVELOPMENT PERSONAL SERVICES 37,070.43 48,246.87 43,447.05 32,818.91 217,794.00 15.07% OPERATING EXPENSES 8,585.87 9,071.41 2,057.87 3,545.36 49,935.00 7.10% TOTAL 45,656.30 57,318.28 45,504.92 36,364.27 267,729.00 13.58% NON -DEPARTMENTAL PERSONAL SERVICES 21,461.78 943.12 39,881.37 66,727.80 270,000.00 24,71% OPERATING EXPENSES 318,105.91 330,127.82 375,244.29 305,808.39 623,047.00 49.08°% TRANSFERS OUT 0.00 0.00 10,600.00 6,249.99 496,379.00 1.26% GRANTS AND AIDS 0.00 20,677.88 0.00 0.00 165,774.00 0,00% NON -DEPARTMENTAL 339,567.69 351,748.82 425,725.66 378,786.18 1,575,200.00 24.05% ALL DEPARTMENTS PERSONAL SERVICES 1,687,801.01 1,662,650.91 2,225,368.08 2,098,327.03 8,028,832.00 26.13°% OPERATING EXPENSES 734,469.12 807,452.28 821,922.72 768,095.55 3,139,026.00 24.47% CAPITAL OUTLAY 17,908.81 38,176.90 30,025.71 2,800.00 25,000.00 11.20°% TRANSFERS OUT 0.00 0.00 10,600.00 6,249.99 496,379.00 1.26°% GRANTS AND AIDS 0.00 20,677.88 0.00 0.00 185,774.00 0.00°% TOTAL GENERAL FUND 2,440,178.94 2,528,957.97 3,087,916.51 2,875,472.57 11,875,011.00 24.21°% 26 of 155 CITY OF SEBASTIAN CAPITAL PROJECT STATUS REPORT AS OF DECEMBER 31, 2016 Project Project Expenditures Percent Funds Number Descrintion Budeet To Date Expended Encumbrances Rernainin-, FY2012 A1231 Presidential Streets $ 971,021 $ 935,823 96.38% $ - FY2013 A1351 Main Street Access Road $ 1,622,163 $ 1,577,930 97.27% $ 3,678 $ 40,556 FY2014 A1411 Computer Overhaul (CLOSED) 263,039 263,039 100.00% - - A1434 Tulip Drive 330,380 263,427 79.73% 25,466 41,487 A1451 AP Hangar 1,725,003 427,868 24.80% 1,040,809 256,325 Total $ 2,318,422 $ 954,335 41.16% $ 1,066,275 S 297,812 FY2015 A1515 Diesel Fuel Tank Software 25,000 - 0.00% - 25,000 A1518 Clear Village Software 61,762 43,729 70.80% 17,283 750 A1521 Community Center Parking 52,000 1,780 3.42% - 50,220 A1531 Police Station Parking 29,397 62 0.21% 29,335 - A1532 Cav Corp Parking 238,395 18,195 7.63% 239,512 (19,312) A1540 Golf Course Irrigation 1,188,290 887,972 74.73% 833 299,485 A1562 Indian River Lagoon 300,000 33,760 11.25% - 266,240 Total $ I,894,844 S 985,497 52.01% S 286,963 $ 622,383 FV2016 A1601 Armadillo Purchase (CLOSED) 162,887 162,887 100.00% - - A1602 Patch Truck 156,125 - 0.00% 156,125 - A1603 Payroll Automation 10,804 - 0.00% - 10,804 A1606 Dispatch Consoles 63,479 187 0.29% 63,778 (486) A1610 Network Improvements (CLOSED) 24,521 24,521 100.00% - - A1611 Police Evidence Garage 333,270 25,215 7.57% 308,055 A1613 Police Roof Repair (CLOSED) 73,156 73,156 100.00% - A1614 Paint City Hall 50,000 - 0.00% 50,000 A1615 Public Works Compound Shelters (CLOSED - - 0.00% - - A1616 Columbariums 70,000 10,684 15.26% 6,200 53,116 A1620 Working Waterfront Drainage 140,000 86,984 62.13% - 53,016 A1621 Working Waterfront Phase 2A 177,102 31,208 17.62% 145,894 A1630 Brushfoot Bikepath (CLOSED) 44,077 44,077 100.00% - - A1632 Street Repaving 733,500 216,804 29.56% 478,119 38,577 A1641 Golf Course Parking Lot Lights 51,285 24,627 48.02% 4,380 22,278 A1655 Taxiway C,D,E, Design 262,200 73,640 28.09% - 188,560 A1656 AP Master Plan Update 215,000 15,527 7.22% - 199,473 Total $ 2,567,406 S 789,517 30.75% S 708,601 S 1,069,287 FY2017 A1710 Hurrican Matthew Expenses - 14,464 0.00% 12,118 (26,582) A1711 Audio Visual Equipment 50,000 - 0.00% - 50,000 A1712 Network Upgrades 112,440 1,267 1.13% - 111,173 A1713 MIS Servers 40,000 - 0.00% - 40,000 A1714 Police Vehicles & Equip 380,000 0.00% 285,422 94,578 A1715 Dump Trucks 234,000 0.00% 233,254 746 A1717 Backhoe 95,000 - 0.00% 84,169 10,831 A1720 Working Waterfront Phase 3 400,000 0.00% - 400,000 A1721 Riverview Park Fencing (CLOSED) - - 0.00% - - A1722 Friendship Park Improvement 250,000 - 0.00% - 250,000 A1730 Street Reconstruction 282,925 749 0.26% - 282,176 A1731 Street Repaving 750,000 - 0.00% - 750,000 A1740 Rebuild Greens 165,000 - 0.00% - 165,000 A1760 Road CrossinglSideyard Pipes 100,000 - 0.00% - 100,000 A1761 Pipe Sliplining 140,000 - 0.00% 15,713 124,288 Total S 21999,365 $ 16,480 0.55% S 630,676 S 2,352,209 Grand Total S 12,373,221 S 5,259,582 42.51% $ 2,696,194 $ 4,417,444 27 of 155 QUARTERLY INVESTMENT REPORT FOR THE QUARTER ENDED DECEMBER 31, 2016 At December 31, 2016, the total of the City's cash and investments were $13,943,188.53. Of this, $9,801,027.16 was held in an interest bearing checking account at Seacoast National Bank, $3,642,161.37 was invested with the State Board of Administration and $500,000 is deposited with Florida Trust, which invest in longer-term bonds. The City did not purchase any new securities during the quarter and does not hold any investments in government securities. SEACOAST NATIONAL BANK STATE BOARD OF ADMINISTRATION (SBA) 09/30/13 Per Audited Financial Statements $5,065,242 CURRENT Initial Assignment of FY2012-13 Surplus $467,286 CURRENT 09/30/14 Changes to Assigned Reserves 19,789 CASA BALANCE ALLOCATION, BALANCE PERCENT INVESTMENT ALLDC, CAJIONN BALAN PERCENT General Fund $ 4,849,917.19 49,48% General Fund $ 1,075,97848 29.541/6 Loca[ Option Gas Tax Fund 460,284.37 4.70°/ Local Option Gas Tax Fund - 0A0% Discretionary Sales Tax Fund 1,145,993.78 11,69% Discretionary Sales Tax Fund 1,201 939.77 33.00% Riverfront Redevelopment Fund 677,561,63 6.91% Riverfront Redevelopment Fund 97,370.93 2.67% Parking In -Lieu -Of Fund - 0.00% Parking In-Lieu-OFFund 7x,512.63 2.16% Recreation Impact Fee Fund 633 983,26 6.47°/ Recreation impact Fee Fund 293,606 35 8.06% Stormwater Utility Fund 918,630.17 9.37^/ Stormwater Utility Fund - 0,W/ Low Enforcement Forfeiture Fund 27,249.09 0.28% Law Enforcement Forfeiture Fund 34,330,66 0.94% Discretionary Sales Tax, Debt Service Fund 88,261,57 0.90% Discretionary Sales Tax, Debt Service Fund - 0.00% Stormwater Series 2003 Debt Service Fund 142,682,46 146% Stormwater Series 2003 Debt Service Fund - 0.00% Capital Projects Fund (14,377.32) -0.15% Capital Projects Fund - 0003'. Capital Improvements Fund (76,771.90) -0.78% Capital Improvements Fund - a00°1 Transportation Fund (24fi 885.30) -2.52% Transportation Fund - 0.00% Stormwater Projects Fund 66,24035 668% Stormwater Projects Fund - aw/s Golf Course Fund (93,443.13) -0.95% Goif Course Fund - 0.00% 001 FCourse Project$ Fund (34,817.70) .036% Golf Course Projects Fund (90.76) 0.0w. Airpon Fund (83? 720,73) -8.50°/. Airport Fund - 0.001/. Airport Projects Fund 1,027,345.70 10.48% Airport Projects Fund - 0,00°/ Building Department Fund 130,652.74 1.33% Building Department Fund 712,261.39 19.565/6 Cemetery Trust Fund 924,31693 9.43% Cemetery Trust Fund 74,508.22 2.051/6 Performance Deposits Fund 6,930.00 0.07°/, Performance Deposits Fund 73,750.00 2.02% Total Bank Balance s 9,801,027.16 100.00% Tolal SBA Balance S 3,642,161.67 100.00% REPORT ON GENERAL FUND CASH RESERVES FOR THE QUARTER ENDED SEPTEMBER 30, 2016 General Fund Cash Reserves are maintained to minimize the impact on the City's operations of unforeseen or emergency events, such as natural disasters, significant revenue shortfalls or unanticipated expenditures. City policies require reserves equal to 30% of the annual General Fund total expenditures budget, less debt service, interfund transfers and capital expenditures. Should there be an event(s) causing City-wide damages of 30% or more, it is preferable to have a reserve balance of at least $5 million dollars. Some of this balance has been committed to funding unanticipated repairs and replacements from surpluses added during FY2012- 13, FY2013-14 and FY2015-16. Nothing was set aside for FY2014-15 due to a shortfall of $80,738. General Fund Reserves Available for Emergencies Equipment and Facilities Repair and Replacement Reserve 09/30/13 Per Audited Financial Statements $5,065,242 09/30/13 Initial Assignment of FY2012-13 Surplus $467,286 $467,286 09/30/14 Changes to Assigned Reserves 19,789 06/30/14 Replace 3 Mowers & Dump Truck -96,915 370,371 09/30/14 Surplus for FY2013-14 263,874 09/10/14 Replace Excavator -28,056 342,315 09/30/14 Per Audited Financial Statements $5,348,905 09/18/14 Replace Police Authentication System -4,343 337,972 011/14115 Audit Fee for new GASB -2,000 09/30/14 Assignment of FY2013-14 Surplus +263,874 601,846 01/28/15 Building Department Software -19,800 10/06/14 Repairs for Sinkhole at Rolling Hill Ditch -18,554 583,292 05/13/15 Seawall Engineering Assessment -50,000 10/10/14 Repairs to Pedestrian Bridge -30,215 553,077 09/30/15 $50K Airport Advance Repaid 50,000 11/07/14 Ditch Work - Barber, Caravan & Crowberry -9,598 543,479 09/30/15 Changes to Assigned Reserves 40,106 12/10/14 Replace Bucket Truck -94,641 448,838 09/30/15 Surplus for FY2014-15 -80,738 06/24/15 Repairs to City Garage Roof -8,651 440,187 09/30/15 Per Audited Financial Statements $5,286,473 06/24/15 Pipe Repair - Coolidge/Indian River Drive -14,980 425,207 09/30/16 Changes to Assigned Reserves 81,368 06/24/15 Sidewalk Repairs at Barber Street Bridge -1.926 423,281 09/30/16 Surplus for FY2015-16 158,834 08/26/15 Community Center/Yacht Club Pumps/Wells -5,140 418,141 09/30/16 Per Audited Financial Statements $5,526,675 08/26/15 Cemetery Irrigation due to lighting strike -387 417,754 09/30/16 Less Equipment and Facilities 08/26/15 Repairs to Main Street Dock -1,500 416,254 Repair and Replacement Reserve 414,763 07/15/15 Communications Dispatch Console -29,983 386,271 09/30/16 Net Available for Emergencies $5,111,912 07/24/15 Repairs to Tennis Court Fencing -850 385,421 07/24/15 Repairs to Police Department generator -1,000 384,421 07/30/15 Replace Parks mower -10,525 373,896 08/06/15 City Hall/Community Center air conditioners -13,281 360,6I5 (Note: Subsequent to year-end, unanticipated payroll and repair 09/30/15 Assignment of FY2014-15 Surplus 0 360,615 cost of Hurricane Matthew estimated to exceed $2,009,000 may be 12/31/15 Contract for CRA Landscaping Services -10,600 350,015 paid out of General Fund Reserves. This total includes debris 12/31/15 Replacement of benches/trash receptacles -7,495 342,520 pick-up for $454,000, pier and dock repairs for $1,400,000, repairs 12/31/15 Repairs to Cemetery office building -6,250 336,270 to other facilities for $55,000 and additional overtime pay and 02/16/16 Cart Barn electrical repairs -24,600 311,670 benefits for 5100,000. A large portion of this is expected to be 03/03/16 05/19/16 Replacement Roller Post -Hole Diggers -14,450 -2,944 297,220 294,276 recovered from FEMA and the State but As much as $250,000 of "City 06/02/16 Cemetery Replacement Pump -3,300 290,976 the -share" is anticipated to permanently reduce the net 06/14/16 City Council Air Conditioner -32,247 258,729 available for future emergencies. 08/17/16 Paint Airport Maintenance Building Columns -2,800 255,929 09/30/16 Assignment of FY2015-16 Surplus +158,834 414,763 28 of 155 alr OF SERASTMN HOME Of PEUCAN ISLAND To: Mayor and City Council Thru: Joe Griffin, City Manager From: Kenneth W. Killgore, Administrative Services Director Date: February 15, 2017 Re: l W Quarter Accomplishments Fiscal Year 2017 Enclosed please find the 1st Quarter Accomplishments for City Departments as assembled and edited by the Administrative Services Department for the three months ended December 31, 2017, CITY CLERK Leeislative Suonort Matters • City Clerk prepared agenda, attended/recorded three Regular City Council meetings • Completed follow up of approved Council matters — contracts, letters, emails, scanned to LF and indexed • Four resolutions adopted by Council • One Executive Order was issued by the Mayor • Five proclamations prepared for presentation by Mayor • Provided monthly City calendars and revisions to Council, city staff and press • Coordinated attendance of clergy for Council meeting invocations • Notified regional boards of Council membership • Placed one courtesy ad for public regarding rescheduled Council meeting Records Manasement Proaram • Responded to 30 public records requests • 19 bags and 21 boxes of duplicate and OSA records destroyed by shredding vendor • 143 employee records were scanned utilizing Laserfiche for permanent and long term records • Created retention folders in Outlook for employee email retention • Records Clerk instructed employees how to drop retention emails Election Matters • Placed one legal ad regarding referendum in Press Journal • Seven candidates and one PAC submitted M9, GI, G2, G3 treasurers reports; provided to press as requested • Assisted Supervisor of Elections with Early Voting in Chambers • Prepared outgoing plaques for two Council Members • Administered oath for three Council Members City Board Matters • Noticed vacancies, prepared three board appointment, notified and provided info to appointee, updated Board Handbook and distributed pages and posted on O:drive • City Clerk prepared agenda, attended/recorded one Board of Adjustment meetings within Council Meetings • City Clerk prepared agenda, attended/recorded one Veterans Advisory Committee meeting • Records Clerk prepared agenda, attended/recorded one Veterans Advisory Committee meeting • Records Clerk published all scanned City board packets to City website and Laserfiche and provided to press and Council %• City Clerk attended/recorded one Indian River Lagoon Coalition meeting metery Matters • Certificates of Interment Rights issued for 2 locations for a total of $3000. • Scanned all cemetery records as sold or amended for permanent retention • Created a map of all lots available in Units 2 & 4 29 of 155 Personnel/Educational Matters • City Clerk and Records Clerk joined MCCI Laserfiche online Training Center • Records Clerk attended 3 project management meetings • Records Clerk attended 5 meetings for the Events Committee • Administered oath to two Police Officers Communitv Matters • City Clerk volunteered at the Clam Bake November 5a` 2016 • Records Clerk volunteered at the Clam Bake November 5"' 2016 ADMINISTRATIVE SERVICES + Attended County Emergency Management Department briefing on Hurricane Matthew. + Consolidated employee time and vehicle use records and prepared FEMA reimbursement request for Hurricane Matthew. + Attended meetings with FEMA representatives to receive guidance and review reimbursement submittal procedures. • Closed accounting records at year-end. • Responded to questions from the Auditors. • Prepared agenda and attended the quarterly meeting of the Police Pension Board of Trustees. • Handled normal processing of payroll, accounts payable and cashiering. • Maintained listing of current capital projects and held frequent meetings with project managers to monitor progress. • Coordinated the quarterly employee investment meetings with the ICMA representative. • Monitored and completed required grant paperwork on Airport and other grants. • Monitored and approved payments on major contracts. • Worked on review and revision of City personnel policies. • Recruited, interviewed and hired replacements for vacant positions. POLICE DEPARTMENT Administration • Continued review of agency policies as per accreditation standards. • Hired 3 Police Officers. • Developed an Administrative Supervisor position and promoted one civilian employee. + Developed a second Commander position and promoted one Sergeant. • Reorganized a few areas in the police building to address the new positions. • Administration attended 4 Council meetings. • Attended over 75 Law Enforcement related meetings and 40 public meetings and/or speaking engagements. • Administrative personnel attended over 50 hours of training. • Continued to collect statistical data to include; personnel, community, crime, etc. • Hosted a Leadership seminar for regional law enforcement personnel. • Participated in "Shop with a Cop" to benefit underprivileged families. • Hosted our annual Community Night Out, • Continued our Community Outreach Program focusing on enriching our relationship with our citizens. • Continued participating in a mentoring program aimed at attendance in our elementary schools. Volunteers • The Community Service Volunteers worked a total of 2,398.5 hours during this quarter. • 49 bank deposit details were made. This service is done for City Hall so employees do not have to leave their assigned duties. • 0 traffic control detail was assigned. These consist of directing traffic at city events, road closures, etc. • 578 house watches/close patrols were completed. • 66 vehicle transports were made consisting of taking the vehicles to different locations for repairs, etc. • 30 business checks were made. These business checks are conducted to help the patrol officers keep an eye on the business community which helps reduce crime. • 43 area checks of banks were made. Visual marked units around the banks at various times helps to deter crime. • 26 Airport checks were made. The visibility helps to deter crime. • 137 special details were assigned. • 0 miscellaneous assists for law enforcement personnel. • 114 paper runs i.e.: State Attorney's Office, Sheriffs Office, etc. The volunteers pick up and deliver packages such as council packages, State Attorney paper work, and miscellaneous items as needed. • Assisted with traffic control on 2 traffic crash scenes. • 0 warnings for handicapped parking tickets issued and 0 warnings for other parking infractions issued. 30 of 155 • 25 citizen contacts. • 419 Miscellaneous jobs. • 47 hours of Funeral Escorts were completed. • 0 hours of patrolling on the boat and checking waterways and businesses along the waterway (by volunteers). School Resource Officer • Officer Penn maintained a presence at the schools in Sebastian to ensure a safe environment. • Officer Penn began teaching GREAT classes at Sebastian Charter Junior High. • Officer Penn organized and conducted a DARE graduation for Pelican Island Elementary 5th graders. • Officer Penn organized a code red classroom training for teachers at Pelican Island Elementary and Sebastian Charter Junior High. • Officer Penn assisted students in the Walk to school events for Sebastian Elementary. • Officer Penn managed the crossing guards and their schedules. • Officer Penn provided training for new crossing guards. • Officer Penn completed numerous area/building checks of the schools. • Officer Penn continued teaching DARE at Pelican Island Elementary. • Officer Penn began teaching safety classes for Sebastian Elementary kindergarten classes. • Officer Penn assisted road patrol duties to handle calls for service, accidents and covering shift shortages. • Officer Penn manages the RUOK program. • Officer Penn arranged a Code Red drill walk through at 1 of the schools to assess the safety of the schools. • Assisted in Community Night Out preparation. • Officer Penn managed incoming Shop with Cop applications and selection of participants. • Officer Penn organized the Shop with a Cop event that took place December 21, 2016. Road Patrol and Special Operations • Officers were dispatched to 2,824calls for service, and self -initiated 2,744 events. • 57 adult and 6 juvenile arrest were made. • Officers issued 130 citations, 5 parking citations and 453 written warnings. • Officers completed 561 offense reports and 115 crash reports. Citations Warnings Incident Renorts Arrests Traffic (462) 28 27 38 2 K-9 Ofc's (41138146137) 6 37 46 4 TOTALS 34 64 84 6 Boat Ofc The boat has been deployed several times each month with both officers and volunteers during this quarter. K-9 Unit • K-9 Usage/Activity Reports: 6 • K-9 Training Hours: 110 • Additional Training Hours: 40 • K-9 Demonstrations: 8 + K-9 Apprehensions: 9 misdemeanors & 0 felonies + K-9 Narcotic Searches: 12 • Agencies Assisted: Brevard County, Fellsmere PD and Indian River County Road Patrol and Special Operations have continued to professionally serve the community by patrolling the city in order to deter crime and maintain the community policing philosophy. Officers and sergeants maintain their skills by attending mandatory and advanced training throughout the year. Investigations October November December Subpoenas 3 5 6 Arrests 5 2 4 Warrants 8 3 6 Training/Meeting Hours 54 66 68 Follow -Ups 61 64 50 Active Cases 41 41 38 Assigned Cases 17 20 22 Cleared Cases 7 17 14 Inactive Cases 4 9 8 Supplements 26 29 25 31 of 155 Communications Division • 9,881 calls entered into CAPERS CAD, of that a. 4,490 were dispatched calls for service b. 1,443 were Code Enforcement Self -Initiated calls c. 2,756 were Officer Self -Initiated calls d. 589 were Volunteer Self -Initiated calls e. 603 were duplicate calls, call dispatch handled without LE & calls entered in error • Total 911 calls received 2,364 of that the breakdown of the lines are as follows: a. Wireless 911 calls — 1,848 (cell phones) of which: i. Phase 2 calls — 774 ii. Phase 1 call -1074 b. Land -Line 911 calls -- 516 (residential and/or business landlines) of which: i. VOID 911 calls — 207 ii. Residential -- 188 iii. Business — 115 iv. Blank call type -6 Of which: 1. 1,030 were transferred to other agencies 2. 163 were 911 hang-ups • Total Admin Lines answered 911 phone systems (Solacom) 9,592 a. Incoming calls -7,303 b. Outgoing calls — 2,289 Of which: i. Transferred out of dispatch — 3,340 ii. Unknown total calls received on the Siemens phones also answered by dispatch. • Training attended: a. (9) Dispatchers completed Police Legal Science monthly Training b. (9) Dispatchers completed APCO monthly training articles c. (1) FDLE Full Access Certification Training Radio and playback equipment repaired + Solacom phone equipment repaired. • (3) New Xybix Workstations and Monitor Rack installed • (3) Old Dispatch Workstations removed from dispatch (1) Set of dispatch interviews completed • Electrical work completed to move CPU towers and for new workstations • Dispatchers worked out of the EOC building in Vero for 10 days During this quarter as in all quarters, Communications/Records assisted the citizens of Sebastian with house watch requests and cancellation services, citation sign offs, information, phone numbers and other services by contacting other Agencies and/or Departments for them. Communications receives and dispatches all non -emergency and emergency phone calls, as well as requests for Law Enforcement, Code Enforcement, and Volunteer services. When on calls for services, Communications will assist the Officers, Detectives, Code Enforcement and Volunteers with placing phone calls to citizens, parents of juveniles, State Attorney, Court House, Tag Office, Driver's License Office, key holders and other Law Enforcement Agencies regarding cases our agency is working. This includes sending teletype messages to DHSMV, FCICINCIC, running driver's license, tags, guns, boats, articles, and criminal history requests. Communications helps officers to search for information, phone numbers, etc. Communications provides services to non-residents by answering questions, giving phone numbers, referring them to the proper agency, etc. Communications also assists other agencies with information and/or requests they may have. Code Enforcement Division Of the 1,550 code calls for the quarter the following is a breakdown of some specific calls made: • Issued 240 written warnings. This range from grass and weeds too high, trailers parked in front of the property line, trash and debris, yard sale permits, overgrowth of adjoining lot, no permit for a fence install, etc. • 74 property inspections for title companies and 104 sign violations. • 668 Code Services. • 434 re -inspections, 32 violations were not complied with, 126 were posted for abatement, 51 abated by vendor. • 228 violations complied. • 26 Liens filed, 21 liens released. + 131 violation letters sent for various reasons such as grass and weeds too tall, trash and debris, overgrown lots, etc. in an attempt to gain compliance. • There was one call for water violation during the first quarter. 32 of 155 4 Alarm Assessment • $740.00 in alarm permits (new and renew) • $300.00 in false alarms fines • 190 alarm responses by officers, 82 of these were false. • 43 New permits issued. • $650.00 in alarm permits (new and renew) • $220.00 in false alarms fines • 146 alarm responses by officers, 63 of these were false. • 46 New permits issued. PUBLIC WORKS DEPARTMENT Roads Division • 4 Road Crossings • 47 Tons of Asphalt put down • Citizen Complaints + Cutting back branches • Clean Fill Pipe • 3 Pallets of cold patch asphalt for pot holes • 10 Pallets of sod installed Sien Shop • Decals made 38 • New type signs made 39 • Total made 125 • Total Post and anchors installed 16 • Clean sign shop Stormwater Division • Vac Truck • Armadillo (12,678) Catch basin (3-6) Swale (27.5) Road crossing (3 6) • Side Pipe (16) driveway (198.5) • 740' LF of pipe installed • Total 36 Cubic vards • Road Crossine Piae Back Ditch Pine 12" HDPE 80' 42" HDPE 140' 15" HDPE 80" 18" HDPE 80" • Armadillo drainaee work • 12,678 L.F. of front Swale drainage Parks Division • Set up and maintained Riverview Park • Bought 12 carts for the vendors • Added new surface materials on 2 court at Friendship Park Tennis Courts • InstalIed new tot swings at BSSC & Filbert St. Park • Replaced 2 tennis nets at Schumann Park • Installed Christmas decorations at Clock in Riverview Park • Trimmed trees and shrubs throughout the City Cemetery • The Cemetery crew did routine mowing, weed eating and edging. • Cleaned and filled pump house. Dug cremains holes, put cones out and picked up cones and signs after service. • Cleaned, organized truck and irrigation area b/c of new stucco. Pre-bid (new columbarium). • Followed contractor repair maintenance building Facilities Maintenance • Continued Daily Maintenance, cleaning and repairs of all Public Works • Continued monthly maintenance schedule on lift stations, AIC filters, gates, etc. • Continued monitoring of contracts with pest control, A1C. elevators, fire sprinklers and fire alarms Touch up paint Engineers office City Hall Replace Senior Center lighting and Water Heater (Maxwell) 33 of 155 • Repair Community Center Interior lighting & exterior lighting City Hall • Install Exterior handrail old School House (Shoreline Shutters) • Carpet clean Public Work and City Clerk areas (Nash) • Install drinking fountains Creative and Yacht Club • Repair Generator roof tiles Police Dept. (Leeward) • Repair ballfield pump station for irrigation (Maxwell) • Repair A/C unit Crab E Bills for kitchen (Pelican Island) • Install concrete slab, install wiring circuit, jet pump, remove fountain, and plumb for Fisherman Landing project. Fleet Maintenance The Fleet Management Staff completed 272 repair work orders, 42 preventive maintenance services 15 service calls and15 road trips to pick up parts. In addition to in-house vehicle/equipment work orders, 15 vehicle and equipment repairs were scheduled and completed by outside vendors. • Took delivery of the following units: • (2) Police Vehicle (PD -03) and (PD -35) • (1) Speed Trailer (PD -83) (2) Info Trailers (PD -42) and (PD -44) • (2) Building Dept. vehicles (BD -203) and (BD -202) • (1) Stormwater Truck (SW -601) • (1) Cat Excavator (AP -25) • (1) Public Works Roller (PW -98) • Completed the prep (Lights, Rack, Graphics, etc.) on the following • (2) Police Units (PD -17) and (PD -35) • (1) Building Dept. (BD -203) • (2) Ingo Trailer —Police (PD42) and (PD -44) • (1) Speed Trailer -Police (PD -85) • (1) Lightbar (AP -1) • (1) Pick-up (SW -601) • (1) Pump (SW -698) Purchased EquipmentlVehicles • (1 Tractor/Ditcher/Mower (SW) • (1) Pump (SW -698) • (2) Trailers (P) • (1) Air Compressor (AP) • (1) Mower (AP -05) Fuel Cost as of the Mar. 31, 2016 is as follows: • $1.70 per gallon of gasoline increase 1% over the past 90 days • $1.58 per gallon of diesel fuel decrease of 4% over the past 90 days AIRPORT • Completion of Golf Course Maintenance/Storage Building • Joint Funding Agreements in Place and work started on the following projects: • Design of Taxiways C, D & E • Airport Master Plan Update • Preliminary Application submitted for FAA Funding for Construction of Taxiways D and E 34 of 155 6 GOLF COURSE Revenue 16-17 15-16 Difference Total Revenue $343,074 $355,692 -$12,618 YTD Tot. Rev. $343,074 $355,692 412,618 Total Rounds 10,131 11,325 -1,194 YTD Tot. Rds, 10,131 11,325 -1,194 Green Fee $80,596 $80,162 -$434 Cart Fee $127,571 $136,009 -$8,439 Ann. Mem. $80,596 $80,162 $745 Ann. Mem. YTD $80,596 $80,162 $745 USGA Hdcp. $3,720 $4,020 -$300 YTD Discount Card $21,283 $21,073 +$210 YTD Driving Range $8,159 $8,270 -$ I l l Club Rental $474 $640 -$166 Club Storage $2,514 $2,640 -$126 YDT Golf Shop Retail $11,643 $16,295 -$4,652 YTD PGA Pro Lesson $550 $340 +$210 YTD Restaurant Rent $6,555 $6,786 -$231 Comments: Minor difference in total rounds and revenue, month of October 17 was down, mainly due to Hurricane Matthew. Months of November and December were very similar compared to Fiscal 16-17 vs 15-16. Minor increase in Annual Memberships; obtained 6 new annual members, however, also lost 5 current annual members due to health issues, moving away, etc. Decrease in golf shop sales; internet sales have greatly impacted hard -good sales. Increase in Pro Lessons. • Charity, Corporate and Special Golf Tournaments scheduled for I" quarter (16-17) included Central Baptist Church (40 players), Sebastian Italian -American Club (113 players), Sebastian Tiki Bar (128 players), 2016 Sebastian Amateur (40 players), Sebastian Rotary Golf Tournament (40 players) and McCarthy Birthday Outing (38 players). • Charity, Corporate and Special Golf Tournaments scheduled for 2°a quarter (16-17) include 2017 New Year's Day Tournament, Palm Bay Golf Association, 2017 St. Baldrick's Golf Tournament, Sebastian Charter Middle School Golf Tournament, Brevard Golf Association Golf Outing, Sebastian Eagles Golf Tournament, Knights of Columbus 1 St. Sebastian Church Golf Tournament, 6th Annual Michael Nichols Memorial Golf Tournament, Sebastian Elks Golf Tournament & Vista Del Mar Ladies Golf Outing. • Parking lot lighting installed and completed. • Continued cart path repair. • Continued landscaping improvements, oak trees relocated onto golf course property. • Golf Course Maintenance Storage Barn officially receives CIO & Irrigation tower installed at storage barn. Old Golf Maintenance barn in process of public works storage conversation. • Offered free golf clinics for Sebastian River Middle School & local Elementaries through a conjunctive effort with the Indian River Golf Foundation. • 2017 green re -grassing project moving forward. • Golf Course closed October 6"' through October 9`h due to Hurricane Matthew. Cleanup completed quickly, course re- opened on Monday, October 10. • Numerous weekly leagues showing good repeat -play numbers including Wojo's Monday League, Men's and Women's Golf Associations and a variety of winter Ieagues, etc. 35 of 155 BUILDING DEPARTMENT • In the first quarter of this fiscal year, a total of 26 new single-family homes were issued building permits. Single family residential permitting has reduced by 50% from the fourth quarter of last fiscal year. Other permits of significance include 3 new manufactured homes, 2 new commercial buildings, 0 commercial additions, 7 commercial alterations, 0 commercial build outs, 2 residential additions and 15 residential alterations. In all, 813 building permits were issued in the first quarter. The number of building permits issued this quarter indicates a reduction of approximately 20%. This is after the two previous quarters which had very strong numbers. I believe for the most part that builders were concentrating more on getting their current inventory finished by the end of the calendar year rather than concentrating on getting new permits. • Total number of inspections for the fourth quarter was 2,883 for an average of 48 inspections per working day. The number of inspections this quarter has also reduced as compared to the fourth quarter. • The number of Certificates of Occupancy issued for the fourth quarter included 33 new single family residences, 0 new manufactured homes, 0 commercial certificates of occupancy and 1 commercial certificates of completion. • The following lists the Business Tax Receipt activity for the fourth quarter: New Businesses -41, Renewals -156, Transfers -2, Duplicates -1, Home Based Businesses -84, Commercial Businesses -69, and Solicitor Registrations4. In addition, there have been 51 requests from lien/title companies for permit records on properties within the city. • The building department still remains very busy even though the number of permits and inspections are down this quarter. We use the time when we are not as busy to get caught up with filing and scanning completed projects for permanent record keeping. 36 of 155 �m If SEATV HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL FORM COUNCIL MEETING DATE: February 22, 2017 AGENDA ITEM TITLE: Planning and Zoning Commission - Fill one expired, regular member position and one expired, alternate member position RECOMMENDATION: Interview, unless waived, submit nominations for one regular member position with a term to expire February 1, 2020 Interview, unless waived, submit nominations for one alternate member position with a term to expire January 1, 2020 BACKGROUND: In response to the advertisement, I have been notified that Louise Kautenburg, who was elected chair January 19, 2017 and whose term is expired, would like to serve again Also, current Alternate Members Robert Hughan and Bill Simmons are interested in the same, regular member position. If not chosen for the regular member position, current Alternate Member Robert Hughan would like to serve another term. Dick Krull would like to be considered for either position. IF AGENDA ITEM REQUIRES EXPENDITURE OF FUNDS: Total Cost: Amount Budgeted in Current FY: If Cost Requires Appropriation: Amount of Appropriation Required: Fund to Be Utilized for Appropriation: ATTACHMENTS: Applications, Ad, List Clerk Authorization:(. 60X Date: 37 of 155 arvoF SE T H /?E�Cer vED -- - - - HOME OF PELICAN ISLAND SEB13 ZO City of City of Sebastian APPLICATION TO SERVE ON CITY BOARD/COMMITTEE ks Ofon (All City Board and Committee Members Must be Residents of the Citv of Sebastian) NAME: Len J r,Se eAj7_e1dZ d,6 HOME ADDRESS: CMR PHONE: 77 _104. 7/Ga f'l�f9fF�df E-MAIL:,�J.SE�� BUSINESS: dl dla5'r'�' BUSINESS ADDRESS: J_�'K7n Jh e Aa -.. -IOU i - __..)v.,aK BUSINESS PHONE: BUSINESS FAX 963-'gE-MAIL: 7 ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? ! HOW LONG?�'� DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE?, V6 - DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE?'n WHICH BOARDS/COMMITTEES? PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: CHARTER REVIEW COMMITTEE (serves only smonths every 5years - meets next in 2011) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary- meets during summer) CONSTRUCTION BOARD (permanent board - meets once a month)` HANDICAPPED SELF-EVALUATION COMMITTEE (permanent board — meets quarterly) PLANNING AND ZONING COMMISSION (permanent board— meets twice a month)* POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board- meets quarterly)" PARKS & RECREATION ADVISORY COMMITTEE (permanent board— meets once a month) NATURAL RESOURCES BOARD (permanent board — meets once a month) OTHER TEMPORARY COMMITTEE (if applicable) (WRITE 1N COMMITTEE NAIVE) Filing of financial disclosure is required following appointment 38 of 155 APPLICABLE EDUCATION AND/OR EXPERIENCE: (a brief resume is required) Jai. riofv,4l .' C'evYs' 3. '7 �X rod `u •�Ay r� XRT /.�LArE r,�, z�sr;f�T� �^ydvATeaC c.�f't/c G'�t3 �� e tr e¢/ E.Sr,4T� �uS'r�ll�c5�' -/�!/ /q W -,V7"-'-- HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOI�'RE APPLYING FOR? / S l7AYe u.t�►'��,q�TiVe< x111-4r,'vev we, Iq 67A9 �40 Id 0T'49 eF/v�uPe) g�tO /4�"s'r9, cs")arSSaS,Wedf -h6 sverA/ te !r� aW TA�g ,�A re/ OA' � dh,`C ae4/7-Witk LgpTefA xr/r�.',�rrvoe�S7r,J,�y f� reni+rc Xe�.4r,'Jc_ a`�l,oAc'TS u�l;B,r1 �%wti�, `� A z,42 14 fir'*,V- 34 LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE ON BOARD OR COMMITTEE: ,4,ud hA r� re.,u.4; . u .� ,q .Yrr �9 ree. u.J, t'A y SS may- A"t A6/e 1�J` A S:Yec�- TD mew :,-iSd�S' �Yo.r,L�+r1-Dets�`fi'e.0 o�= �7-o r`s`. AAtrP jyS4 vce,v ee5 j7s= HAVE YOU EVER BEEN CONVICTED OF ANY FELONY 1N THIS OR ANY STATE? A,ro HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? 4/-) WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE?�� t9% /!►r 7;We I hereby certify that I am qualified to hold the position for which this application is made. Further, I hereby authorize the City of Sebastian to investigate the truthfulness of all information which I have provided in this application. I understand that any misrepresentation or omission of information requested in this application is cause for disqualification. I have been provided with, read and understand City of Sebastian Code of Ordinances Sections 2-166 through 2-173 (attached). Information relative to a specific board or commi ee is availablejfNuested. Applicant Signatur4 Subscribed and swo to before me this dad of - z by who is ersonally know tme, r has produced as identification. �yC�iS�c,o"e4re otary Public, _State -of f6ri a Please return to Office of the City Clerk, 1225 Main Street, Sebastian, FI_ 32958 - (772) 589-5330 Iwp-formlapplicat.wpd rev. 712007 ° < Linda M. Kocher e"°r'�Yp MY COMM. #DD 855321 `� PUBLfC y EXPIRES: February 16, 2013 39 of 155 on •t SEEILAS HOME OF PELICAN ISLAND VOLUNTEER BOARD AND COMMITTEE APPLICATION This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that their physical address and phone number remain confidential. Unless requested, that information will be available and not redacted. Per Section 2-170, all Board and Committee members must be City residents unless otherwise specified in the enacting ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or resolution. You may reapply for succeeding terms upon term expiration. Robert Hughan 1 Name: .244 1 aFks --- C. Sebastian, Fla. 32958 Address: City: State: Zip: Telephone: (d ) - _z!? E -Mail Address: i 1� Employer: City: State: Zip: Business Telephone: (30 � ) l Z - ( 0 10 I am interested in serving on the following boards)/committee(s): lst Choice: 10L H A/ /J / A//- 1;1 7, UM I r J 6 2"" Choice: CHARTER REVIEW COMMITTEE (serves only six months, everyfive years - next meeting in 2016) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary) CONSTRUCTION BOARD* (permanent) DISABILITIES ADVISORY COMMITTEE (temporary) NATURAL RESOURCES BOARD (permanent) PLANNING AND ZONING COMMISSION* ** (peruar�ent) I'fi! �r��� L POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE (permanent) VETERANS' ADVISORY BOARD (temporary) *Filing of financial disclosure Is required following appointment "Must be resident one year prior to application. 40 of 155 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) -S r` /2 L,r 6 v sM L— Why do you want to serve on this board? - 1M o / L2 D / L✓ d-* 19 Zro 14 Wo LL L i0 L- L} Td Jq C 1 % i Z')/__ _S Do you presently serve on another City Board or Committee? l/ 0 If yes, please list: Have you previously served on any other City Board or Committee? NO If yes, please list: I will represent the best interests of the entire City while serving as a board member. I hereby waive and release any and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity purposes (unless requesting exemption). If required for this board, I consent to the annual filing of the Statement of Financial Interests. http://www.ethics.state.ft.us/ethics/forms.html If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public Officials (Florida Statutes, Chapter 11Z Part 111) and Florida Sunshine Law (Florida Statutes, Chapter286) Statutes may be reviewed at bltp-1/www.fisenate.gov-/statutes I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered for another board. I hereby certify that all the statements made on this application are true and correct. I understand that any false statements or omissions fr m this application may be cause for my application not to be considered. Signature of Applicant: _ - Date: Date Received by City Clerk's Office i 1130r by: ` 41 of 155 Employment Robert H. Hughan Jr. 1244 Larkspur Street, Sebastian, Florida 32958 Professional Land Surveyor, Florida License # 3570 Retired from the Florida Department of Transportation October 31, 2011 CH Perez and Associates (Part time one day a week plus or minus) Surveying & Mapping Marketing Manager/Quality Assurance/Quality Control November 1, 2011 to Present Responsible for developing and executing strategies for marketing survey services to clients throughout Florida. Responsible for Quality Control and Quality Assurance of all surveying efforts. Prepare scope of services for survey services. FLORIDA DEPARTMENT OF TRANSPORTATION DISTRICT IV (FT LAUDERDALE) District Surveyor, Febuary2002 to October 31 ", 2011 Provide coordination of all survey work and photogrammetry services in the District. Responsible for reviewing all surveying assignments and/or accomplishments of in-house and consultant crews, as well as preparing all scope of services for consultant survey services. Insure that all surveys performed were in accordance with Florida Statutes, Chapter 61 G 17, Rule 14-17, Florida Administrative Code and all other pertinent rules and regulations. Responsible for the advertisement, selection, management and review consultant services in Right - of -Way Control Surveying & Mapping and Design Surveys as related to FDOT's production goals. Set and maintain production goals for surveying services. Direct the management of all operating budgets for consultant services in the Right -of - Way Control Surveying & Mapping and Design Surveying. Supervise and manage 16 employees. Responsible for developing in-house budget and Strategic Plan in support of the Districts Work Program for surveying projects. Provide advice to consultant surveyors regarding policies, specifications, and special requirements for Design and Right -of -Way acquisition surveys. Provide expert testimony regarding survey matters within the District. Other duties include meeting with other agencies as well as other FDOT Departments in the coordination of the land surveying activities in the District. Possess knowledge of FDOT's field data collection, office processing software, GIS and EDMS systems. FLORIDA DEPARTMENT OF TRANSPORTATION DISTRICT VI (Miami) District Location Surveyor, June 1994 to Febuary2002 Provide coordination of all survey work and photogrammetry services in the District. Responsible for reviewing all surveying assignments and/or accomplishments of in-house and consultant crews, as well as preparing all scope of services for consultant survey services. Insured that all surveys performed are in accordance with Florida Statutes, Chapter 61 G 17, FDOT Location Manual, Rule 14-17 (formerly Policy 057), Florida Administrative Code and all other pertinent rules and regulations. Responsible for the advertisement, seled1bo# 155 management and review of consultant services in the area of CEI Surveying, Right - of -Way Mapping, Right -of -Way Control Surveying & Mapping and Design Surveys as related to FDOT's production goals. Possess knowledge of FDOT's field data collection, office processing software. Directed and managed all operating budgets for consultant services in the areas of CEI Surveying, Right-of- Way ight-ofWay Mapping, Right -of -Way Control Surveying & Mapping and Design Surveying. Supervised and managed 14 employees. Certified Right -of -Way staking for acquisition and other purposes and advised consultant surveyors regarding policies, specifications, and special requirements for Design and Right- of-Way ight- ofWay acquisition surveys. Assisted the District Land Surveyor in the preparation of budget issues, expert testimony and all other survey matters and met with outside agencies, counties, and other FDOT Departments in the coordination of the land surveying activities in support of the District Design efforts. FLORIDA DEPARTMENT OF TRANSPORTATION, DISTRICT VI Assistant District Location Surveyor, August 1984 to June 1994 Assisted the District Location Surveyor in the planning and coordination of all survey work in the District and supervised and managed in-house and consultant survey crews. Design Production goals. Assured that all surveys performed were in accordance with Florida Statutes, Chapter 61 G 17, FDOT Location Manual, Rule 14-17 (formerly Policy 057), Florida Administrative Code and all other pertinent rules and regulations. Supervised and managed 14 employees. Certified Right -of -Way staking for acquisition and other purposes in the District Design efforts.. Advised consultant surveyors as to policies, specifications, and special requirements for Design and Right -of -Way acquisition survey and assisted the District Location Surveyor in the preparation in the coordinating land surveying activities in the District. MISCELLANEOUS SURVEY AND ENGINEERING FIRMS Party Chief 1968 to August 1984 Responsible for boundary, subdivision, construction layout, quantity and miscellaneous surveys. MIAMI DADE JUNIOR COLLEGE September 1966 to 1968 UNITED STATES COAST GUARD September 1962 to September 1966 43 of 155 Florida Department of Agriculture and Consumer Services Division of Consumer Services Board of Professional Surveyors and Mappers 2005 Apalachee Pkway Tallahassee, Florida 32399-6500 800HELPFLA(435-7352) or (850) 488-2221 ROBERT HOWARD HUGHAN JR 1244 LARKSPUR ST SEBASTIAN, FL 32958-8846 January 5, 2015 SUBJECT: Professional Surveyor and Mapper License # LS3570 Your application I renewal as a professional surveyor and mapper as required by Chapter 472, Florida Statutes, has been received and processed. The license appears below and is valid through February 28, 2017 You are required to keep your information with the Board current. Please visit our website at www.800helpfla.com/psm to create your online account- If you have already created your online account, you can use the website to maintain your license. You can also find other valuable information on the website. If you have any questions, please do not hesitate to call the Division of Consumer Services, Board of Professional Surveyors and Mappers at 800-435-7352 or 850-488-2221. . --- Detacn- Here --------7-------------------------------- Florida Department of Agriculture and Consumer Services Board of Professional Surveyors ; and Mappers ' LS3570 Professional Surveyor and Mapper ROBERT HOWARD HUGHAN JR IS LICENSED under the provisions of Ch. 472 FS Expiration date: February 28, 2017 -----------------------------------------' Detach Here ------------------------------------------------------------------------------------------- - - - - -- 10 +�`� Florida Department of Agriculture and Consumer Services Division of Consumer Services License No.: LS3570 Board of Professional Surveyors and Mappers Expiration Date February 28, 2017 2005 Apalachee Pkway Tallahassee, Florida 37399-6500 •��NMI Professional Surveyor and Mapper License Under the provisions of Chapter 472, Florida Statutes ROBERT HOWARD HUGHAN ,IR 1244 LARKSPUR ST SEBASTIAN, FL 32958-89" e'2, AY of 155 Ar)AM 14 PITMAM rnv Or SIEIII���;6111" HOME OF PELICAN ISLAND VOLUNTEER BOARD AND COMMITTEE APPLICATION This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that their physical address and phone number remain confidential. Unless requested, that information will be available and not redacted. Per Section 2-170, all Board and Committee members must be City residents unless otherwise specified in the enacting ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or resolution. You may reapply far succeeding terms upon term expiration. Name: 1 C��4!'l�% /� `� !r!%j?� V7s � Add ress:/?r�l�l State: n // Zip: -Z-�-f a Telephone: ( 77 z- j S89 - 9,FZ® E -Mail Address: 6-s /Mi2,7 J/0.s *41(w, S t 7— Employer: NI/4 R—C-L- I ✓P� City: State: Zip: 8 5slTelephone: ( 27 b ) 9 !L+ I am interested in serving on the following boards)/committee(s): 151 Choice: Z-44VA)riL�i ><} : lo9 v1 r H C) 2nd Choice: I CHARTER REVIEW COMMITTEE (serves onlysix months, everyfive years – next meeting in 2016) CITIZENS BUDGET REVIEW ADVISORY BOARD CONSTRUCTION BOARD* (permanent) DISABILITIES ADVISORY COMMITTEE (temporary) NATURAL RESOURCES BOARD (permanent) PLANNING AND ZONING COMMISSION* ** (permanent) POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE (permanent) SEBASTIAN YOUTH ADVISORY COUNCIL (temporary) VETERANS' ADVISORY BOARD (temporary) *Filing of financial disclosure is required following appointment "Must be resident one year prior to application. 45 of 155 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) i -CC -0U sT` 7 r ByleSCi'A �n`.►� r's,'i �Cd�ll S�c9 ,/�� q S 00/4-t4v Ile Y z4. L-MCe ?2- &n5 % 2tin io It r'Pe rv"Y pS /fid Why do you want to serve on this board? 4 C1 Do you presently serve on another City Board or Committee? /yd If yes, please list: Have you previously served on any other City Board or Committee? $ If yes, please list: Cn z I'��h��r i � fz nJ e �%o r Pr%O►p P Z will represent the best interests of the entire City while serving as a board member. I hereby waive and release any and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer services for the City of Sebastian. l give permission for the City of Sebastian to use my photograph for publicity purposes (unless requesting exemption). If required for this board, I consent to the annual filing of the Statement of Financial Interests. htto://www.ethics.state.fl.us/ethics/forms.html If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public Officials (Florida Statutes, Chapter 112, Part 111) and Florida Sunshine Law (Florida Statutes, Chapter 286) Statutes may be reviewed at htto://www.flsenate.eov/statutes I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered for another board. I hereby certify that all the statements made on this application are true and correct. I understand that any false st tements or omissions from this application may be cause for my application not to be considered. Signature of Applicant: Date: v`ll Z 3/2e916 Date Received by City Clerk's Office Q - 2 z — 1 ( by: W 46 of 155 ofv�+ SERAS HOME OF PELICAN ISLAND VOLUNTEER BOARD AND COMMITTEE APPLICATION This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that their physical address and phone number remain confidential. Unless requested, that information will be available and not redacted. Per Section 2-170, all Board and Committee members must be City residents unless otherwise specified in the enacting ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or resolution. You may reapply for succeeding terms upon term expiration. Name: Richard D. Krull (Dick) Address: 360 Sebastian Crossings Blvd. City: Sebastian State: FL Zip: 32958 Telephone: (772) -388-2212 E -Mail Address: DICKKRULL@BELLSOUTH.NET Employer: Retired City: State: Zip: Cell Telephone: (772) 480-6809 1 am interested in serving on the following board(s)/committee(s): PLANNING &ZONING COMMISSION CHARTER REVIEW COMMITTEE (serves only six months, everyfive years next meeting in 2016) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary) CONSTRUCTION BOARD* (permanent) DISABILITIES ADVISORY COMMITTEE (temporary) NATURAL RESOURCES BOARD (permanent) PLANNING AND ZONING COMMISSION* ** (permanent) POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE (permanent) VETERANS' ADVISORY BOARD (temporary) *Filing of financial disclosure is required following appointment *Must be resident one year prior to application. 47 of 155 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) Please see attached. Note: I have always been active in the communities in which I have lived as I have in Sebastian since moving here 2 years ago. My employment history includes more than 24 years in the employment of residential or commercial builder/developers and golf course owner/operators.. Why do you want to serve on this board? In general, I am willing and interested in doing anything that will contribute to the betterment of the community and area I live in. After having been before the Commission at recent hearings, I realized that not only was 1 qualified to serve on P & Z but that I would find it interesting, challenging and that I could make a positive contribution. Do you presently serve on another City Board or Committee? If yes, please list. 1. 2. MPO/CAC Alternate Have you previously served on any other City Board or Committee? if yes, please list: 2016 Charter Review Committee will represent the best interests of the entire City while serving as a board member. I hereby waive and release any and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity purposes (unless requesting exemption). If required for this board, I consent to the annual filing of the Statement of Financial Interests. http://www.ethics.state.ft.us/ethics/forms.html. If appointed, 1 acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public Officials (Florida Statutes, Chapter 112, Part /II) and Florida Sunshine Law (Florida Statutes, Chapter 286) Statutes may be reviewed at http://www.fI senate.eov/statutes understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered for another board. l hereby certify that all the statements made on this application are true and correct. I understand that any false statements or omissions from this application may be cause for my application not to be considered. Signature of Applicant: / Date: 11.7.16 Date Received by City Clerk's office by: ca r l� 48 of 155 Richard D. Krull 360 Sebastian Crossings Blvd. Sebastian, FL 32958 772.388.2212 PERSONAL BACKGROUND SUMMARY: • B.S. in Marketing; Masters in Business Administration. Retired after more than 40 years employment in advertising, marketing and management. • Vice President of Marketing for one of the Southeast's largest upscale homebuilders and neighborhood developers. • Vice President of Marketing for a multifaceted golf, travel and lifestyle web -based, direct sales company. • Vice President of Marketing for the world's largest golf school company: also for its golf course properties, travel company and golf products manufacturing operations. • Director of Marketing for a high-end golf resort, real estate and country club development. Managed membership and accommodations marketing from start-up to maturity. Played key role in real estate marketing efforts. • Vice President of a residential, commercial and industrial property development/management company. • Founder, Owner, President of a full service ad agency. Grew agency to well over $1,500,000 in annual billings with a variety of retail, residential and commercial development, financial, golf, accommodations and manufacturing clients. • University level Marketing Instructor & Adjunct Professor. • Recipient of numerous professional and industry awards for outstanding achievement and service. SIGNIFICANT VOLUNTEER SERVICE EXPERIENCE: • Tournament Director for 7 LPGA & PGA events. Began as LPGA event volunteer which developed into an annual part-time stipend position. Managed events and up to 1,000 volunteers. • Board Chairman, 750+ member Sales & Marketing Council, Charlotte Homebuilders Assoc. • Served on a Condo Association Board of Directors in Denver. • Served on board and as chairman of a college scholarship foundation. • Board Chairman of the Tour Pickens County (SC) tourism board. • Board Chairman of the Pickens Revitalization Association — a Main Street program for the city of Pickens, SC. • Sebastian 2016 Charter Review Committee, currently National Resources Board alternate • Currently Indian River County MPO/CAC alternate • Active committee and board member —Sebastian Crossings Homeowners Assoc. • Served on numerous other volunteer, community, church, service and industry committees. 49 of 155 arf of HOME OF PELICAN ISLAND January 21, 2017 Contact: City Clerk's Office 388-8215 PRESS RELEASE PLANNING AND ZONING COMMISSION The City of Sebastian is seeking applicants to fill the following positions on the Planning and Zoning Commission: One Regular Member Position with a term that will expire February 1, 2020 One Alternate Member Position with a term that will expire January 1, 2020 These are volunteer positions. Applicants must have been a City resident one year prior to application. This Commission meets on the first and third Thursday of each Month at 6:00 p.m. in the Council Chambers, 1225 Main Street, Sebastian. If Council fills a regular member position with an alternate member, Council reserves the right to fill the alternate position with remaining applicants. Applications are available in the City Clerk's office, City Hall, 1225 Main Street, Sebastian, between the hours of 8:00 a.m. to 4:30 p.m. or at www.citvofsebastian.orq and will be accepted through February 13, 2017. 50 of 155 PLANNING & ZONING COMMISSION 3 -YEAR TERMS MEETS 1ST AND 3RD THURSDAY OF EACH MONTH - 6.00 P.M. MEMBER NAME AND ADDRESS John McManus 1295 Sebastian Lakes Drive Sebastian, FL 32958 Bmcmanus200bellsouth.net 589-0013 Rick Carter 237 Main Street Sebastian, FL 32958 focussys(cDcomcast. net 918-4600 Tahir (Bash) Qizilbash 103 Barbara Court Sebastian, FL 32958 Bash.oesOmmail.com 581-0775 Louise Kautenburg -Chair 973 Oswego Avenue Sebastian, FL 32958 Louisekl (o)iuno.com 696-3716 David Reyes — Vice Chair 458 Oak Street Sebastian, FL 32958 Jdr5347(Datt.net 453-6157 Joel Roth 1984 E. Lakeview Drive Sebastian, FL 32958 ioelrothemsn.com 589-6894 At Alvarez 492 Quarry Lane Sebastian, FL 32958 alalvarezOaol.com 532-8767 Robert Hughan - Alternate 1244 Larkspur Street Sebastian, FL 32958 rhuahan(a)bellsouth. net (305) 498-2947 Bill Simmons - Alternate 509 Drawdy Way Sebastian, FL 32958 Bsimmons4l na�comcast.net (270)314-3554 APPOINTMENT HISTORY CURRENT STATUS [MOST RECENT HISTORY FIRST] Term to expire 11/112017 Took Paul's expired regular member position 11/19/14 Took Dyer's expired alternate member position 10/09113 Term to expire 411/2017 Took Cardinale's expired regular member position 4/27/11 Took Durr's unexpired all member position 219/11 Reappointed 3/26/14 Term to expire 511/2017 Took Paul's expired regular member position 4127111 Reappointed 3/26/14 Took Durrs unexpired regular member Term to expire 2/1/2017 position 10/14/15 Reappointed 1/8114 Took Hennessey's unexpired alternate member position 3/14112 Re -appointed 6/24/15 Term to expire 6/1/2018 Re -appointed 6/13/12 Took Simmons unexpired regular member position 311111 Took Neuberger's unexpired alternate member position 7114/10 Re -appointed 4127/16 Term to expire 511/2019 Re -appointed 4124/13 Re -appointed 5112110 Took Buchanan's unexpired regular member position 1/27110 Took Dodd's expired regular member Term to expire 11/1/2019 position 12/14/16 Took McManus' unexpired alternate member position 11/19/14 Took Kautenburg's unexpired alternate Term to expire 1/112017 member position 12/16/15 Took Alvarez's expired alternate member position 12114/16 Term to expire 11/1/2019 School Board Member: Mrs. Dale Simchick 51 of 155 Work address: 1990 25" Street, Vero Beach, FL 32960 772-584-9901 (School District mobile phone) Email: dale, simchick(a).indianriverschools orq SEPTI HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL FORM COUNCIL. MEETING DATE: February 22, 2017 AGENDA ITEM TITLE: Citizens Budget Review Advisory Board RECOMMENDATION: Interview, unless waived, and nominate one alternate member for a three year term Continue to advertise for the second alternate member BACKGROUND: At the last Council meeting, a motion was made to add two alternate members to the Board, Nancy Chiappinelli Munoz has expressed interest in serving on this Board IF AGENDA ITEM REQUIRES EXPENDITURE OF FUNDS: NIA ATTACHMENTS: Application, Press Release, Member List City Clerk Authorization: Date: 2-16- (_ / v 52 of 155 ORO - HOME OF PELICAN ISLAND VOLUNTEER BOARD AND COMMITTEE APPLICATION This application form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accordance with FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request that their physical address and phone number remain confidential. Unless requested, that information will be available and not redacted. Per Section 2-170, all Board and Committee members must be City residents unless otherwise specified in the enacting ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance or resolution. You may reapply for succeeding terms upon term expiration. Name: til l�tl�1 (.I� i.11 ih,�Pi nP y I It'►U1V10 Address: 1 a 1 he IV S siveet City: SCJO CL S fl_ a h State: r 1_ Zip: Z q Telephone: ( _-_�Z ) C� 1 3 - 2510 E -Mail Address:()Lvr ,rliDS} 6) 9Y'00 -i4 • Cc3 rr 9 Employer: �?P�"I�Qr� - r vievi owiL� &t CA qeJ 4 F;'Yra�c. M5Y - M S 6 S&%Ool Vi - City: Palm-ey State: Al ctsko� Zip: ` lCttoy 5 Business Telephone: ( 6,1 O—+ ) _j Ll Ij - q Z 430 I am interested in serving on the following boards)/committee(s): 1" Choice: C h CLY+e-v gev i e_w 2nd Choice: C t1 Zeiii S Qu ct9 } f&V i e(..c+ CHARTER REVIEW COMMITTEE (serves only six months, everyfive years — next meeting in 2016) CITIZENS BUDGET REVIEW ADVISORY BOARD CONSTRUCTION BOARD* (permanent) DISABILITIES ADVISORY COMMITTEE (temporary) NATURAL RESOURCES BOARD (permanent) PLANNING AND ZONING COMMISSION* ** (permanent) POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE (permanent) VETERANS' ADVISORY BOARD (temporary) "Filing of financial disclosure is required following appointment "Must be resident one year prior to application. 53 of 155 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) I.L) or ke d � '70-1 �eCLj5 i ., �e Pub1 c ;5P -,td,- as OudKgc t an -d Firrct MCC > (oh oLyir -(z6v mel SeCO n[ 1 czr9 cst ,5cVxoo1s tYf + i n AW --54,o— MI r'rcv� r2G�Ui�eG� n+e,t&c;;ion w ��t 1oco1 asci sett g6�e�rn,�r�errfi Vh�wfs, Dur boYoucjl wa-S '-Me�a��es+ cyow no) a►'ea in the 5tu.�� c -v16 5o we hoLrf -to &cl a pi a.nd flw i fzM Vie- IYQ OJ 000 fcuna . � Why do you want to serve on this board? toe1, eve+ -stat c Ll rrierv.lae,rs p E C orrwxu th i� s'V, o> 0 6 paY +1.6 V6Je- i h (OC[L1 Uavey,nYvtient ci-t 5orvie pole)} clLA-rcnc�-Ovke-iY residCnc.)• We - need }o �w- avai103P1z -tD ass i 5 ZmplaNee3 and e le- c -k 0 oc'a1 s GLS Ou-Y ComYv►uxni4 {Ares of?o-fA-" �il wt3 Qnj- Do you presently serve on another City Board or Committee? N)o If yes, please list: Have you previously served on any other City Board or Committee? IV b If yes, please list: I will represent the best interests of the entire City while serving as a board member. I hereby waive and release any and all rights for claims for damages and injuries I may suffer while performing or after performing volunteer services for the City of Sebastian. I give permission for the City of Sebastian to use my photograph for publicity purposes (unless requesting exemption). If required for this board, I consent to the annual filing of the Statement of Financial Interests. httii://www.ethic.s.state.fl.us/ethics/forms.htmi If appointed, I acknowledge that it is my obligation and duty to comply with the following: Code of Ethics for Public Off icia Is (Florida Statutes, Chapter 112, Part 111) and Florida Sunshine Law (Florida Statutes, Chapter 2815) Statutes may be reviewed at http://www.fisenate.Rov/statutes I understand I must contact the City Clerk's office to request reappointment prior to expiration or to be considered for another board. I hereby certify that all the statements made on this application are true and correct. I understand that any false statements or omissions from this application may be cause for my application not to be considered. Signature of Applicant: Date: 01 1361.2614, Date Received by City Clerk's Office L" P " I � by: L A - 54 of 155 SE cft�cy� Febr NO -'` u art 9, 201 M E OF PELICAN /S SND Pres CONT�4�..7EgNE7T Citizenss Release 388- F W144M Budget City of Sebastian Budget Retie 8 8215 S Review Advi meet a is seeking applicant Adtisory Beard budget enecessa�Y in the Board' These ots to fill twQ alters hearing for /ew process and council ChambersUnteer positions Will member Positions each �sca/ year Aake recom n 1� 25 Main Street l eXpire 2202 p �s °n the Citi1ens Applic pplica17 us da ions t° the Ci � Sebastian to his Board b ppli ns are available ; t be C;(y reside Council prior assist in the C/ w,ll accepted uhe hours of 8.00 n the City C/erks nts to the first budget ud e s nbl Febr am and Once Ci g t uarY 21, 201 4.30 pm or on_/ine Hall, 1225 Main at Street www c °fsebast;an, Sebastian ### or and will be 55 Of 155 CITIZENS BUDGET REVIEW ADVISORY BOARD MEMBER NAME AND ADDRESS APPOINTED BY TERM Ed Herlihy Council Member Coy 11/2016— 11/2017 474 Sea Grass Avenue term to expire at the end of Coy's Sebastian, FL 32958 term in 2017 edherlihv(abellsouth.net (772) 388-0665 Tim Slaven Council Member 1112015-1112017 Sebastian, FL 32958 McPartlan term to expire at the end of tdslavenammail. comcast McPartlan's term in 2017 Larry Napier 163 Harris Drive Sebastian, FL 32958 Iarrvnar)ierCa,outlook.com (772) 388-2070 Michael Frank 962 Tarpon Avenue Sebastian, FL 32958 michealfrank(@comcast.net (772) 913-5702 Sergio Mota 365 Joy Haven Drive Sebastian, FL 32958 Sera iomotal()outlook.com (772)571-7004 Bruce Hoffman 203 Chello Avenue Sebastian, FL 32958 B2bmhoffman(@hotmail.com (772) 913-3187 Harry Hall 214 Joy Haven Drive Sebastian, FL 32958 harrvndee(a?hotmail.com (772) 581-1893 Council Member 11/2016-1112018 Dodd term to expire at the end of Dodd's term in 2018 Council Member Hill 11/2016-11/2018 term to expire at the end of Hill's term in 2018 Council Member 11/2016-11/2017 Kinchen term to expire at the end of Council Member's term in 2017 At -large Member Term to expire November 2017 At -large Member Term to expire November 2017 Alternate Member 3 yr term Alternate Member 3 yr term 56 of 155 MCr SET," HOME Of PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: 22 February 2017 Agenda Item Title: Art CIub Lease/South Annex Building Recommendation: Approve Draft Lease. Authorize the City Manager to execute appropriate documents. Background: At the 23 November 16 meeting, Council authorized the `creation' of a lease for the western section of the South Annex building. That area to be assigned has been occupied without a lease by the Sebastian River Art Club (SRAC). The `old' City Council Chambers portion of the South Annex is to remain open to various civic organizations and control of scheduling, cleaning, and access shall be under the purview of the City Manager's office. Since November 16, Staff has been able to monitor the South Annex and, since there is favorable input from users of the facility, a lease for the SRAC now seems appropriate. Attachment 2 is a copy of the fully executed lease agreement between the City and the Senior Activity Center of Sebastian, Inc. If Agenda Item Requires Expenditure of Funds: N/A Administrative Services Department/CFO Review:�-- V Attachments: 1. Proposed SRAC lease 2. Senior Center lease — 28 February 2013 3. 23 Nov 16 Council minutes — pages 9-12 City Manager Authorization: Date: 11 February 2017 57 of 155 USE AGREEMENT BETWEEN THE CITY OF SEBASTIAN AND THE SEBASTIAN RIVER ART CLUB, INC. IN AND FOR CONSIDERATION of mutual promises herein, the sufficiency of which is hereby acknowledged, the CITY OF SEBASTIAN, a Florida municipal corporation, (CITY) and the Sebastian River Art Club, Inc. (SRAC), a non-profit corporation and local civic organization, agree to be legally bound as follows: I. USE OF PREMISES From February 23, 2017 through December 31, 2018, SRAC shall be allowed exclusive use, without cost to SRAC, the west portion of the CITY -owned facility located at 1255 Main Street, Sebastian, Florida 32958. Use shall be for SRAC events, art gallery displays, art programs, and citizen outreach. The former Council Chambers portion of the south Annex building shall be a shared space with building sub -tenants and shall be scheduled by the City Manager's office, or his/her designee. H. MAINTENANCE AND REPAIRS CITY shall generally maintain the Premises in the same manner as other similar City facilities. SRAC shall have the following specific responsibilities: a) Cleaning: SRAC shall keep the Premises and all improvements in a clean and orderly state, including, but not limited to the kitchen, floors/carpets. SRAC obligation to clean shall include the duty to collect and deposit all trash and garbage into the containers located on the Premises for this purpose. SRAC responsibilities shall also include the duty to supply the restroom with toilet paper and all other sanitary items. b) Improvements: SRAC shall not cause any improvements to be made to the Premises without the advance written consent of the CITY. c) Security: The premises shall be locked and secured when not in use. SRAC shall open for use by SRAC when Premises is scheduled for use. SRAC shall develop an operating schedule and provide schedule to the CITY. III. POSSESSION AND ACCESS The rights granted SRAC herein relate to the use of the Premises and do not in any way constitute possession of the Premises by SRAC. At all times CITY retains all rights of control and access to the Premises. IV. SRAC RESPONSIBILITY SRAC shall not commit or permit the commission of any acts on the Premises, nor use, nor permit the use of the premises in any way that: a) Violates or conflicts with any law, statutes, ordinance, or governmental rule or regulation whether now in force or hereinafter enacted, applicable to the Premises; or b) Constitutes the commission of a nuisance. V. SRAC BY-LAWS REQUIREMENT This Agreement is expressly conditioned upon SRAC By -Laws containing the following provisions throughout the term hereof. a) SRAC Executive Officers and Board Members shall serve without compensation; and, b) A majority of the SRAC Executive Officers and Board Members shall be full-time residents of the City of Sebastian. VI. ASSIGNMENT SRAC shall not assign, or otherwise transfer any right or interest in this Agreement without the prior express written consent of CITY. SRAC shall not permit any other entity, group or individual to use the Premises, except as provided in Section XII. 58 of 155 � " �P% _. ,a 4� VII. INSURANCE At their sole discretion and expense, SRAC shall purchase renter's insurance for personal property in the Premises. City does not assume responsibility for any personal property of the SRAC organization or personal property of SRAC members. SRAC shall purchase, and have in effect for the duration of this lease, liability insurance naming the City of Sebastian as a co-insured. VIII. DESTRUCTION OF PRENUSES AND PERSON PROPERTY In the event the building and/or other improvements erected on the Premises are destroyed, any personal item(s) or SRAC property is damaged by fire or other casualty, the CITY shall have no responsibility or obligation to make any expenditure toward the repair and/or replacement of the building, improvements, or personal property. CITY, at its option, shall either cause said building and/or other improvements to be replaced or said damage to be repaired as rapidly as practicable, or shall elect not to repair the Premises and terminate the Agreement. Any insurance proceeds relating to the Premises, whether CITY elects to repair or replace the improvements on the Premises or not, shall be the sole property of CITY. SRAC shall have no claims against any insurance proceeds paid on account of such damage. IX. ALTERATIONS SRAC shall not make or permit any other person to make alterations to the Premises without the prior written consent of CITY. Any alterations to the Premises made by SRAC shall be made at the sole cost and expense of SRAC, but shall be the property of CITY upon completion. X. INDEMNITY SRAC shall indemnify, defend, and hold CITY, its agents, employees, and assigns, including the property of CITY, including the subject premises, free and harmless from any and all liability, claims, loss, damages or expenses, including counsel fees and costs, arising by reason of the death or injury of any person, including any person who is an employee or agent of SRAC, or by reason of damage to or destruction of any property, including property owned by SRAC or any person who is an employee or agent of SRAC, in any way caused by, connected with, or occurring during SRAC use of the Premises or other appurtenant or related CITY properties arising under this Agreement other than intentional acts of CITY or by an employee or agent of CITY. XI. NOTICES Any notice, report, statement, approval, consent designation, demand, or request to give and any option or election to be exercised by a party under the provisions of this Agreement shall be effective only when made in writing and hand delivered (or mailed by first class U.S. mail) to the other party at the address given below: CITY: City of Sebastian 1225 Main Street Sebastian, FL 32958 Atm.: City Manager SRAC: Sebastian River Art Club, Inc. PO Box 780534 Sebastian, FL 32978 Attn.: President Provided, however, that either party may designate a different representative or address from time to time by giving to the other parry notice in writing of the change. XII. SUB -TENANTS AND OTHER USERS Sub -tenants shall receive scheduling opportunities on a fair and equitable basis. Any conflict arising between SRAC and a sub -tenant will be resolved by the City Manager without opportunity for appeal. 59 of 155 thethis greer herein ofthe p .hent Co ejn or Premis ntains �1: scinde are voiced es, and all all of the 1 CLE re Party d in Whole by this - prior or understa `4GI�E re rty has in a or in 'nstru conte ndin lt?ENT III;,j A presentationy way part only b ent, �'hichmporaneou ga by and b greernentD ' war'anti relied nor instrume aY be an, g�'eements etwee he nt Thi °Quments es, Statelne shall in ntin N'Iiti nded, mod relative thearties hereto same. ave the o s Agree1nent nts, pr°rriis anY way eg signed b fed, altered eto have bee elative to Opportunity to tai net be Constru es or each ' "Pon anYco 1thepart �s h d, rey° �� ed XE xperts of ed against the gs not speci ,�r r een her, a meitherr E the Cho C UTED On this t forth In te, \ da osmg to part Who hhed raked the Y of sa A T legal businesm ade9 adequacy parties TEST 20173 at S Y of the Ceanette wil[iams t3' Clerk , AQC Approve Reliance by th °co � and e City of Se Legality s�aln o for Robert ni.. City Attom nsbur g ebastian, Florida C.[TY OF SE,gAST IA1V city iff 7 Hager SEBAST10, R[VO ART CLUB Print Nie. 60 of 155 USE AGREEMENT BETWEEN CITY AND, SENIOR ACTIVITY CENTER OF SEBASTIAN, INC.. IN AND FOR CONSIDERATION of the mutual promises herein, the sufficiency of which is hereby acknowledged, the CITY OF SEBASTIAN, a Florida municipal corporation, hereinafter referred to as "CITY", and the SENIOR ACTIVITY CENTER OF SEBASTIAN, INC., a non-profit Florida corporation, hereinafter referred to as "SENIORS', agree to be legally bound as follows: I. USE OF PREMISES From January 1 through December 31 of the years 2013 through 2018, SENIORS shall be allowed exclusive use of the CITY -owned facility located at 1255 Main Street, Sebastian, Florida 32958 (the Premises). Use shall be for SENIORS events and programming. All events and programs shall be operated and sponsored by the SENIORS. II. MAINTENANCE AND REPAIRS CITY shall generally maintain the Premises in the same manner as other similar City facilities. SENIORS shall have the following specific responsibilities: a) Cleanina: Keep the Premises and all improvements in a clean and orderly state, including, but not limited to the bathroom, kitchen, floors/carpets. SENIORS obligation to clean shall include the duty to collect and deposit all trash and garbage into the containers located on the Premises for this purpose. SENIORS responsibilities shall also include the duty to supply the restrooms with toilet paper and all other necessary sanitary items. b) Imorovements: SENIORS shall not cause any improvements to be made to the Premises without the advance written consent of the CITY. c) Securitv: To keep locked and secure the Premises when not in use. To open for use by SENIORS when Premises is scheduled for use. SENIORS shall develop an operating schedule and provide schedule to the CITY. III. POSSESSION AND ACCESS The rights granted SENIORS herein relate to the use of the Premises and do not in any way constitute possession of the Premises by SENIORS. At all times CITY retains all rights of control and access to the Premises. IV. SENIORS RESPONSIBILITY SENIORS shall not commit or permit the commission of any acts on the Premises, nor use, nor permit the use of the premises in any way that: a) Violates or conflicts with any law, statutes, ordinance, or governmental rule or regulation, whether now in force or hereinafter enacted, applicable to the Premises; or b) Constitutes the commission of a nuisance. V. SENIORS BY-LAWS REQUIREMENT This Agreement is expressly conditioned upon SENIORS By -Laws containing the following provisions throughout the term hereof: a) SENIORS Executive Officers shall serve without compensation; and, 61 of 155 b) A majority of the SENIORS Executive Officers shall be full-time residents of the City of Sebastian. VI. ASSIGNMENT SENIORS shall not assign, or otherwise transfer any right or interest in this Agreement without the prior express written consent of CITY. SENIORS shall not permit any other entity, group or individual to use the Premises. VII. INSURANCE At their sole discretion, SENIORS may purchase at their sole expense renter's insurance for any personal property in the Premises. VIII. DESTRUCTION OF PREMISES AND PERSONAL PROPERTY In the event the building and/or other improvements erected on the Premises are destroyed or any personal item(s) or SENIOR property is damaged by fire or other casualty, the CITY shall have no responsibility or obligation to make any expenditure toward the repair and/or replacement of the building, improvements or personal property. CITY, at its option, shall either cause said building and/or other improvements to be replaced or said damage to be repaired as rapidly as practicable, or shall elect not to repair the Premises and terminate the Agreement. Any insurance proceeds relating to the Premises, whether CITY elects to repair or replace the improvements on the Premises or not, shall be the sole property of CITY. SENIORS shall have no claims against any insurance proceeds paid on account of such damage. IX. ALTERATIONS SENIORS shall not make or permit any other person to make alterations to the Premises without the prior written consent of CITY. Any alterations to the Premises made by SENIORS shall be made at the sole cost and expense of SENIORS, but shall be the property of CITY upon completion. X. INDEMNITY SENIORS shall indemnify, defend and hold CITY and the property of CITY, including the premises, free and harmless from any and all liability, claims, loss, damages or expenses, including counsel fees and costs, arising by reason of the death or injury of any person, including any person who is an employee or agent of SENIORS, or by reason of damage to or destruction of any property, including property owned by SENIORS or any person who is an employee or agent of SENIORS, in any way caused by, connected with or occurring during SENIORS use of the Premises or other appurtenant or related CITY properties arising under this Agreement other than intentional acts of CITY or an employee or agent of CITY. XI. NOTICES Any notice, report, statement, approval, consent designation, demand or request to be given and any option or election to be exercised by a party under the provisions of this Agreement shall be effective only when made in writing and hand delivered (or mailed by first class U.S. mail) to the other party at the address given below: CITY: City of Sebastian 1225 Main Street Sebastian, FL 32958 Attn: City Manager SENIORS: Senior Activity Center of Sebastian, Inc. 1255 Main Street Sebastian, FL 3295860 Attn: President 62 of 155 provided, however, that either party may designate a different representative or address from time to time by giving to the other party notice in writing of the change. XII. WHOLE AGREEMENT This Agreement contains all of the understandings by and between the parties hereto relative to the use of the Premises, and all prior or contemporaneous agreements relative thereto have been merged herein or are voided by this instrument, which may be amended, modified, altered, changed, revoked or rescinded in whole or in part only by an instrument in writing signed by each of the parties hereto. Neither party has in any way relied, nor shall in any way rely, upon any oral or written agreements, representations, warranties, statements, promises or understandings not specifically set forth in the Agreement Documents. This Agreement shall not be construed against the party who drafted the same, as both parties have the opportunity to obtain experts of their choosing to review the legal and business adequacy of the same. ff'' pp EXECUTED on thisw'day of rZAn, 2013, at Sebastian, Florida. ATTEST: Sally A. 00. MMC City Clerk Approved as to Form and Legality for Reliance by the City of Sebastian only: Robert A. Ginsburg, City Attorney ATTEST: CITY OFr SEE14STIAN AVli finer, III, City Manager SENIOR ACTIVITY CENTER OF SEBASTIAN, INC. �:L�7 . S41tmvnf—A S B Secretary: Its: (Seal) 63 of 155 Regular City Council & BOA Meeting November 23, 2016 Page Nine MOTION by Mr. Dodd and SECOND by Ms. Kinchen to have staff review the Land Development Code regarding fence heights and approve the request by Mark Nicholson and Zina Zilo ROLL CALL: Mr. Hill - Aye Ms. Kinchen — Aye Chairman McPardan — Aye Ms. Coy — Aye Mr. Dodd - Aye Motion Carried 5-0. D. Chairman McPartlan adjourned the Board of Adjustment meeting at 8:21 p.m. and reconvened the City Council meeting. 13. NEW BUSINESS 16.188 A. Review/Discuss South Annex Proposals at Municipal Complex (Transmittal, Proposed Lease, Letter, Lease) The City Manager said the Art Club has occupied the western portion of the south annex building since 2010 without a formal agreement. During a workshop earlier in the year, there was discussion that there should be an agreement to outline the duties and responsibilities of the Art Club which is Attachment A. He said the Senior Center is requesting that they control the eastern portion of the building as outlined in Mr. Goodfellow's letter and he was looking for Council direction. Mayor McPartlan said he would be in agreement to having the Senior Center oversee the old Council Chambers and enter into a lease with the Art Club for the western portion. Mr. Dodd said he would like to see an addendum that identifies the five other groups with the time they will use the old Council Chambers. The City Manager said the scheduling has been bounced around amongst staff and as new groups request to use the facility there should be a centralized area. He said the proposed Art Club lease addresses that conflicts would be solved by the City Manager. Mr. Dodd said if the times for the groups were addressed in the lease, that would indicate when the facility is available and he didn't think fees should be charged even though the Senior Center has a good system. He said the groups shouldn't have to charge for space they aren't paying for. He would be in favor of the Senior Center lease with the two caveats. Ms. Coy explained the money collected by the Senior Center's charge goes back to upgrading the facilities and expenses such as toilet paper, cleaning services. She said the Senior Center's Board of Directors would be interested in renovating the building at no cost or very little to the City with the money collected. Mr. Hill said the City should neutrally control the schedule of the room and if the seniors need more space, they could get on the schedule. Ms. Coy asked if the City was willing to spend tax dollars to renovate the building. Mr. Hill replied that would be a separate discussion. 9 64 of 155 Regular City Council & BOA Meeting November 23, 2016 Page Ten 8:49 pm 8:56 pm 9:04 pm The City Manager said it would be better controlled if the scheduling was handled by whoever has the lease. He said if someone that uses a significant public asset, it should be memorialized somehow. He explained the classes that take place at the Community Center are monitored by an instructor. Mr. Dodd said the five subtenants need to be protected in the lease otherwise if their meeting times change, the change can't be guaranteed. He offered that the Senior Center could take the bigger room; and, if the organizations want to improve the room they should be allowed to do that. Mayor McPartlan asked the City Manager to create a schedule for the groups, including extra time for the Senior Center and to come back to Council if there were any conflicts. The City Manager said the times were a moving target, and trying to manage seven leases would be a hardship. Mr. Dodd requested an addendum to the lease, listing the times the groups would be using the room; the Senior Center could work with the access. Mayor McPartlan recapped that an addendum to the Senior Center lease would state that they schedule the times for the groups and they would be open to changes. Mr. Hill said the Art Club should be in a lease without the large room; and City staff should schedule the room. Mayor McPartlan recapped that the seniors are okay with where they are, the Art Club should have a lease and the old Council Chambers will be managed by City staff for whoever wants to use it. Ms. Kinchen said she agreed the Art Club should have a lease and the room should be scheduled with City staff. Ms. Coy said the room is underutilized for large portions of the day and someone with a business background should manage the facility. Mr. Hill said it has always been assumed that the Art Club has control over the facility which a lease and staff management would address. Tina Cafro, 631 Bayfront Terrace, said she was under the impression that the Art Club had a lease and noted the Art Club uses the room on Tuesdays, Thursdays and some Saturdays. She said embroidery group uses the building the first, third and fourth Wednesday of each month from 8:30 a.m. to 3:30 p.m. The embroiderers would have no objection to signing a lease with the Art Club, but not the Senior Center. Ben Hocker, Sebastian, said the 2016 annual report filed by Senior Activity Center lists Andrea Coy as the president and it is not appropriate for her to participate in the discussion. Natalie Arribas, 412 Bywood Avenue, President of the Sebastian Quilters, said they would like to have a lease and be scheduled with the Art Club. They are in the building Monday and Friday from 9-2. Carelyn Calame, 7565 131 Street, said her group is a club and the City is basically telling one club to control another club in a building that the City's owns. She said the owner of the building should manage the groups. 10 65 of 155 Regular City Council & BOA Meeting November 23, 2016 Page Eleven Mayor McPaMan asked the City Manager to look up how many members are in each group. Darlene Kratovel, Secretary of the Art Club, said the Club keeps the hands and minds of the 198 members busy. They were given a preliminary lease and were asked to take over the management of the building by the City Manager. The Club's Board of Directors requested the name to be changed on the preliminary document and they agreed to take control of the building. The Senior Center seat a letter on November 8 indicating they wanted to take over the building and whole process has been stressful for the Club. Judy McNamara, President of the Sebastian River Art Club, said they are in the building Tuesdays and Thursdays from 9 a.m. to 3 p.m. and sometimes Saturday; they are happy with the room, there are 198 members. She said if someone other than the City schedules the building, they are afraid they won't be able to do something in the building. Carol Hunt, 1101 Cloverbrook Lane, said the City should manage the building; the groups she is involved with do their own security and cleaning; each clubs charity work should be considered before there is a final decision. Nina White, Sebastian said she agreed with the Mayor, if it isn't broke, don't fix it. She said there is a list of all the charities they make donations to. Karen Leonard, 152 Mayberry, said she wanted celebrate the diverse activities available to community in the building and she could help the City schedule the facility on the computer. 9:17 pm Mayor McPartlan noted they should consider the remaining items on the agenda at this point. MOTION by Mr. Dodd to extend the meeting until 10;00 p.m. Public input continued. Ann Emery, Art Club, said they have a key to their portion of the building but not the old Council Chamber; and, they provide their own cleaning and hired Stanley Steamer to clean the rugs when a pipe recently broke. John Boes, 381 Main Street, said there weren't any problems until one Council Member has made a point of a land grab. Mayor McPartlan explained there are a lot of misperceptions and a land grab was not the case. He asked Mr. BOes if there should be a lease or no lease. Mr. Boes said this wasn't broke and asked why they have to go through this. Glenn Goodfellow, Vice President of the Senior Activity Center said the Center has expanded their floor space, hours, and exceeded the building capacity which is why they are looking at the old Council Chamber. There isn't any intent to deprive any group of space, they are looking for efficient use of the space following the business model that has improved their current building; if they move into the old Council Chamber they would like to improve facility; and he requested that the smaller groups should carry liability insurance should there be an accident. He concluded that the Senior Activity Club can bring a great deal to the building and he hoped Council would give their request serious consideration. 66 of 1 15 Regular City Council & BOA Meeting November 23, 2016 Page Twelve Dale Duvalo, Art Club member, asked Council not to fix a problem when there isn't a problem; the room should be managed by the City. Mayor McPartlan said one thing to consider is should City property be given to clubs. He suggested putting picnic tables between the buildings. MOTION by Mr. Hill to acquire a lease with the Art Club for the western portion and have the City manage scheduling of the old Council Chambers going forward. Ms. Coy asked him to separate the Art Club lease from the scheduling of the room because she would have to abstain from the room scheduling. MOTION by Mr. Hill and SECOND by Mr. Dodd to have the eastern portion (the old Council Chambers) managed and scheduled by the City Manager or his designee. ROLL CALL: Motion Carried 4-0. Ms. Kinchen - Aye Ms. Coy - abstained Mr. Hill - Aye (Coy abstained) Mayor McPartlan — Aye Mr. Dodd — Aye 9.32 pm Mr. Hill said a motion for the Art Club lease isn't necessary since the motion is in place; the City Manager will control and schedule the old Council Chambers. Ms. Coy asked that the Art Club lease include an insurance provision. Mr. Dodd said the same provisions that apply to the Community Center should apply to the users of the room. Mr. Hill suggested they workshop the use of the room. 16.189 B. Review and Consider 201612017 Council Meetina Dates (Transmittal, Dates) MOTION by Mr. Hill and SECOND by Mayor McPartlan to cancel the December 28, 2016, November 8, 2017 and December 27, 2017 Council meeting dates ROLL CALL: Mayor McPartlan - Aye Ms. Coy —Aye Mr. Dodd —Aye Mr. Hill — Aye Ms. Kinchen -Aye Motion Carried 5-0. 16.190 C. Review Citv Council Procedures Resolution No. R-15-10 (Transmittal. R-15-10) Mr. Hill asked if in the time limit paragraph (pg 209), something to the effect that Council may at any time temporarily adjust the time limit by a majority of the vote because they adjusted the time limit earlier in the year. He noted the rules can be adjusted by a majority of the vote. The City Attorney replied that as an example, tonight the Mayor instituted a three minute limit for the Art Club discussion. This time limit could have been challenged by any other Council Member as provided in Roberts Rules of Order. 12 67 of 155 On "\ SEAT-" HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL FORM Council Meetinq Date: February 22, 2017 Agenda Item Title: Proposed Resolution R-17-7 Withdrawing Membership from Indian River Lagoon Coalition Recommendation: Consider proposed Resolution R-17-07 and the attached materials. Background: Attached is proposed Resolution 17-07 withdrawing the City of Sebastian from the Indian River Lagoon Coalition. Attachments: 1. Proposed Resolution R-17-07 2. E-mail memorandum from Vero Beach City Attorney, Wayne Comment 3. First amended and restated Interlocal Agreement for the IRL Coalition City Attor "'y Authorization: Date: x-16-1`7 68 of 155 RESOLUTION NO. R- 17-07 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, WITHDRAWING ITS MEMBERSHIP IN THE INDIAN RIVER LAGOON COALITON, PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Indian River Lagoon Council was formed, as a regional alliance, to more properly manage the Indian River Lagoon Estuary Program, and WHEREAS, three municipalities in Indian River County — Sebastian, Fellsmere and Vero Beach — entered into an interlocal agreement (hereinafter referred to as the "Indian River lagoon Coalition") to ensure that the interests of Indian River County would be represented on the IRL Council, and WHEREAS, the Indian River County government has now voted to participate as a member of the IRL Council representing the interests of the Indian River County area, including the parties to the Indian River Lagoon Coalition, and the Coalition has therefore relinquished its voting membership on the IRL Council, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, as follows: SECTION 1. The City Council of the City of Sebastian hereby withdraws its membership on the IRL Coalition. SECTION 2. The City Clerk is authorized and instructed to provide sixty (60) days notice of this withdrawal to the other members of the IRL Coalition in accordance with Chapter 163.02 (2) Laws of Florida. SECTION 3. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION 4. EFFECTIVE DATE. This Resolution shall take effect upon its adoption. The foregoing Resolution was passed for adoption by Council Member , was seconded by Council Member and upon being put to a vote, the vote was as follows: Mayor Bob McPartlan Vice Mayor Andrea Coy Councilmember Jim Hill Councilmember Ed Dodd Councilmember Linda Kinchen The Mayor thereupon declared this Resolution duly passed and adopted this day of , 2017. 69 of 155 CITY OF SEBASTIAN, FLORIDA By: ATTEST: Jeanette Williams, MMC City Clerk Approved as to Form and Content for Reliance by the City of Sebastian Only: Robert A. Ginsburg, City Attorney Mayor 70 of 155 Jeanette Williams From: Bursick, Tammy <tbursick@covb.org> Sent: Tuesday, January 24, 2017 5:10 PM To: Jeanette Williams; 'Deborah Krages' Subject: FW: Indian River Lagoon Coaltion Request to CC Attachments: 2017.01.18.First.Amended.Interlocal.pdf; 2017.01.18.First.Amended.Interlocal.Final.pdf; 2017.01.18.Bylaws.first.amended. pdf Jeanette & Debbie: Would you please pass along this Interlocal Agreement to Councilmember Coy and Mayor Tyson for their review. Thank you, Tammy From: Dick Winger rmailto:dickwincier(&bellsouth.net1 Sent: Tuesday, January 24, 2017 10:34 AM To: Bursick, Tammy Subject; FW: Indian River Lagoon Coaltion Request to CC Tammy, PIs print the attachments for me. Dick From: Coment, Wayne rmailto:WComent@covb.org1 Sent: Tuesday, January 24, 2017 10:30 AM To: 'Dick Winger' Subject: RE: Indian River Lagoon Coaltion Request to CC CK, Attached is a substantially modified version of the last proposed amended interlocal agreement. I started with referencing only the annual meeting but then also modified other parts that some may have found objectionable, making it more open ended should the county not stay in the lagoon council and making clear there is no fee for continuing the group. See what you think. Perhaps the other members may find it less objectionable. I can have Tammy also put on agenda if you like and have her send it to the other two cities. Also attached is a "clean version" as well as a draft of amended bylaws to comport with the amendments to the interlocal, which bylaws would not be completed until any amended interlocal is recorded in public records and then adopted by the coalition. Wayne WAYNE R. COMENT C[TY ATTORNEY CITY OF VERO BEACH P.O. Box 1389 71 of 155 INDIAN RIVER COUNTY LAGOON COALITION FIRST AMENDED AND RESTATED INTERLOCAL AGREEMENT This Indian River County Lagoon Coalition First Amended and Restated Interlocal Agreement ("Agreement") is made and entered into as of the day of 2017 ("Effective Date"), by and between the following governmental entities: (1) City of Sebastian, Florida, a Florida municipal corporation; (2) City of Fellsmere, Florida, a Florida municipal corporation; (3) Indian Ri ar Shovio, F 96d da mwiigpal oar-pemfienj and (4) City of Vero Beach, Florida, a Florida municipal corporation, (collectively the "Parties" and each singularly a "Party"), all being located within Indian River County, Florida, a political subdivision of the State of Florida. RECITALS: WHEREAS, the Indian River Lagoon National Estuary Program was designated in 1990 and formally established in 1991 to assist the Indian River Lagoon region located along the east - central and south-east coastal area of Florida in developing a comprehensive plan to restore and protect the Indian River Lagoon; and WHEREAS, local, state, and Federal government participants in the Indian River Lagoon National Estuary Program, consisting of: Volusia County, Florida; Brevard County, Florida; St. Lucie County, Florida; Martin County, Florida; St. Johns River Water Management District; South Florida Water Management District; United States Environmental Protection Agency; U.S. Fish and Wildlife Service; Florida Fish and Wildlife Conservation Commission; Florida Marine Research Institute; and United States Army Corps of Engineers, have formed the Indian River Lagoon Council ("IRL Council") and committed that organization to the successful implementation of the Comprehensive Conservation Management Plan for the Indian River Lagoon, as it may be amended from time to time and, in addition, the IRL Council will sponsor and be responsible for the Indian River Lagoon National Estuary Program; and WHEREAS, Indian River County, being located in the east -central coastal area of Florida -,-+s and directly impacted by the Indian River Lagoon National Estuary Program and the Comprehensive Conservation Management Plan for the Indian River Lagoon,haweve- the Board may_C3r1niz3i3naF9 of T...dia D:,..,,. Courty haz alaeted-net io park4�&, +�r Caunal and d,,elinea to exeeute th Taman Riva Lagaen ,.Tatieaa �ar,✓ Pmg-mm Inter-leeal Ag-mvme~t afi , there f ve, the Parties Formed the Indian River Countv Lagoon Coalition which was subseauentiv admitted to membership on the IRL Council in order to represent the interests of the Indian River County area ffe norounmexitly ; and WHEREAS, Indian River Countv ("IRC") has been admitted as a member on the IRL Council to represent the interests of the Indian River Countv area, includinp- the Parties to this Ap-reement, and the Coalition has therefore relina_uished its voting- membership on the IRL Council, and Page 1 of 8 2017.01.18. First.Amended.lnterlocal. d ocx 72 of 155 WHEREAS, notwithstanding the foregoing, the Parties to this t aro muni✓pai desire to continue workin cooperatively together for the mutual interests of the Parties in restoring and nrotectiniz the Indian River Lagoon pat4ieipate in the IR-L—Council through the lean Ri.,a- r o'nty Lagoon Coalition("Gealition") omaud bry this wt, with %1 11 iieffibo;r pri ilages--and tha Indian Riv in effeAs to restore and preteei o Indian River- Lagoon, NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, the receipt and adequacy acknowledged by them, the Parties agree as follows: 1. Adoption of Recitals. The foregoing Recitals are true and correct and hereby adopted and incorporated herein. 2. Interlocal Agreement. This Agreement is an interlocal agreement establishing a council of local public officials as contemplated by section 163.02, Florida Statutes. All of the Parties qualify to enter into this Agreement pursuant thereto. 3. Term. The term of this Agreement commences on the Effective Date and continues until terminated, subject to the other provisions of this Agreement. 4. Coalition Established; Membership. The establishment of the Indian River Countv Laizoon Coalition ("Coalition") by the Parties a tiew an as an independent council of local public officials to as tho "kvdica-i Ri ier—Ca rty Lagoon r eali+.�� O rminafipursuant to that certain Interlocal Agreement dated Mav 27. 2015 and recorded on Julv 10. 2015 in Record Book 2861 at Pap -e 1564 of the Public Records of Indian River Countv. Florida. ("Oripainal Aareement') is herebv ratified and confirmed. Said Original Apareement is otherwise herebv replaced in its entiretv by this Agreement.. Each Party shall have one member on the Coalition, who shall be a member of the governing body of the Party and chosen by such body to be its representative. A Party may also designate an alternate representative from its governing body to serve when the regular representative is unavailable. There shall be no charge or fee for membership in the Coalition. Any Party may withdraw from this Agreement and the Coalition upon 60 days' notice in writing to the other Parties subsequent to formal action by its governing body. 5. Organization; Bylaws. The Coalition shall be a corporation not for profit and shall adopt bylaws designating the officers of the Coalition and providing for the conduct of its business. The Coalition shall take all other action necessary or required by law for its formation. 6. Coalition Purpose. The purpose of the Coalition is to provide a convenient and efficient means by which the Parties may work cooperatively toizether in a coordinated effort for the mutual interests of the Parties and their residents eRd—gie4iidian Rivas- Gatinty area b �,.kL, ,. +1 + (.f the. n , tion npesenati�o and to otlti� aTzW��. ix,cn�;t: in the restoration and protection of the Indian River Lagoon. Page 2 of 8 2017.01.18.First.Amended.interlocal.docx 73 of 155 7. Coalition Representativ IRL Council -,--Fees. Tho Coalitian Chairperson shallbe Gef&�n'o reprwen��o 111L Como, as &++...,a e & is 1n3otin int th3 Coa1}tieR1 iR thaChairpem3n. An abate r-epr-eseR44ive may be designated y tl, m be»s to represent the G.Oa�=or. at IRL Geuneil Eavh Iarty Ohall vampributo c pmp . The Parties recognize that IRC shall be a member on the IRL Council and represent the interests of the Indian River Countv area, including the interests of the Parties. However, the Coalition may designate its Chairperson or another member to attend and report on anv meetings and other activities of the IRL Council and other bodies or agencies as deemed appropriate by the Coalition in furtherance of the Coalition purpose. 8. Powers. The Coalition shall have the power to: (a) Study matters related to the restoration and protection of the Indian River Lagoon; (b) Promote cooperative arrangements and assist in coordinatiTg action among the Parties, iiieluding but tiet .,artier n47.,ith t1,sa II T4,G( cxxic^ii and related to the restoration and protection of the Indian River Lagoon; and (c) Make recommendations for review and action to the Parties and other public agencies that p3rf .,.,, leeal fi,... tieps And -within the afea affecting the restoration and protection of the Indian River Lagoon. The Coalition shall not have the power to promulgate, issue, or make rules or regulations, issue bonds or incur debt, levy taxes, charge rates, fees or rents, condemn, or assume any additional governmental powers of the Parties except as specifically allowed by this Agreement. 9.Organizational ; Officers. At the ergmiizational January meeting of the Coalition -ate in lanuary each year or at its meeting held as soon thereafter as practicable, the members shall elect the following officers: (a) A Chairperson who shall serve until January of the following year or until his or her successor is elected and takes office. (b) A Vice -chairperson who shall serve until January of the following year or until his or her successor is elected and takes office. e4te-3113o ohairpcm1. dha'l1 awe There shall also be a Secretary to the Coalition who shall be provided by the Party represented by the Chairperson. The Secretary shall be custodian of Coalition records and keep the official minutes of Coalition meetings. The Secretary shall be responsible for providing notices of Coalition meetings to the members and the public and preparation of meeting agendas. Any member may submit a matter to the Secretary for inclusion on a meeting agenda. Page 3 of 8 2017.01.18.First.Amended. Interlocal. docx 74 of 155 The initial r-,i..,,irpe..sa of the r,ealit:on, win aF tion of a ChairpQw3fi at the organizational meetifg, ohall k Rolnrd H. G:llmer, Mayor of the r�Qebaz:ran, and -the initialete;y ahall b„ provided by th G t y of ScbxtiaR. The r•i- air-pei:.e shall designate a da� r ta„y -7:4.11 the ethor mambeF-,, -for an oral hi3 Pe _ iwo nt y -.,al the n.ffies and., n4nent of the ' ies' r-espeeti,ler_ea4itie mem The Chairperson shall run the meeting and rule on procedural matters subject to being overruled by a majority vote of the members present. The Chairperson may make and second motions. The Vice -chairperson shall act in the absence of the Chairperson. 10. Meeting Times and Places. The Coalition members shall meet on a regular- b_;i-is at least annually on the second Wednesdav in January each year or as soon thereafter as practicable. at such place as determined by the members, and at such other times and at such places as provided by the bylaws adopted by the Coalition or as otherwise may be determined by the members; , hewer, M10aing3 may be -celled by the C;hai peF5ORryaa in hio -A;-: hev dabsenoc by tho Vieo oNairpersen. All meetings shall be conducted in accordance with section 286.011, Florida Statutes. 11. Quorum; Voting. A quorum for the transaction of business at any regular- -or.pmeeting of the Coalition members consists of a majority of the members. Each member shall be entitled to one vote. Voting by proxy shall not be allowed. All Coalition action shall require a majority vote of those members present. 2, indi n River---Gount-y. in the-evei# tho ✓owd of County C3mmissiener—s ("BGG") of r.,dim; "IRC") dateFmima to 3azzi-, m--mbmhip on tha Indian River- ousel: (4) Tho Ge"on ohall gi :. tip its ,,r,evohip oa the-! l G eifio,,er-e f the BGG of A&upc/n the aeeeptanee afid adffiissie ii of 1R G as a fnember e f t e rnl COUReil; Md (b) Tho Coalition z+hall r.rel fne t of ., , outstanding membershipfees i the 1RL Counoil. 12. Complete Agreement; Amendments; Counterparts. This Agreement constitutes the full, complete and wholly independent agreement among the Parties. No subsequent alteration, amendment, change, or addition to this Agreement will be binding on the Parties unless in writing and signed by them and made a paFt ef4ki3 Agoome t by a:r-o„t -ef re This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all which together will constitute one and the same instrument. 44. 13. Severability. If any clause, provision or section of this Agreement is found to be illegal or invalid by any court of competent jurisdiction, the invalidity of such clause, provision or section shall not affect any of the remaining clauses, provisions or sections, and this Agreement shall be construed and enforced as if such illegal or invalid clause, provision or section had not been contained in this Agreement. Page 4 of 8 2017.01.18.First.Amended.Interlocal.dou 75 of 155 1�4. Governing Law. Existing and future laws, rules and regulations of the United States and its agencies, the State of Florida and its agencies will take precedence over the terms and provisions of this Agreement in case of conflict or inconsistencies between them. The laws of the State of Florida as applicable will govern the validity, performance and enforcement of this Agreement. 15. Public Purpose. This Agreement serves a municipal purpose and satisfies, fulfills and is pursuant to and for a public purpose, is in the public interest, and is a proper exercise of each Party's power and authority under each Party's individual governmental authority. lb. Recording. After execution by the Parties, this Agreement shall be recorded in the Public Records of Indian River County, Florida and in those other official records of the state where necessary or required by law. The Parties shall share equally in the expense incurred for such recordings. 4S: 17. Performance Standards. None of the provisions in this Agreement shall be deemed in any manner to amend, modify or otherwise change any of the provisions, regulations, or ordinances of any Party to this Agreement nor does this Agreement allow a performance standard less than is otherwise required under the terms of those provisions, regulations, or ordinances except as specifically provided herein. IN WITNESS WHEREOF the Parties have caused this Agreement to be executed under seal and will be deemed to have executed such on the day and year designated below. SIGNATURE PAGES FOLLOW Page 5 of 8 2017.01.18.First.Amended. Interloca1.docx 76 of 155 ATTEST: City Clerk [Seal] STATE OF FLORIDA COUNTY OF INDIAN RIVER CITY OF SEBASTIAN Mayor Date: The foregoing instrument was acknowledged before me this day of 2015 on behalf of the City of Sebastian, Florida by , as Mayor, and attested by , as City Clerk, of the City of Sebastian, Florida. Both are personally known to me. NOTARY PUBLIC Commission No.: My Commission Expires: AS TO FORM: City Attorney Page b of 8 2017.01.18.First.Amended.Interlocal, d ocx 77 of 155 ATTEST: City Clerk [Seal] STATE OF FLORIDA COUNTY OF INDIAN RIVER CITY OF FELLSMERE Mayor Date: The foregoing instrument was acknowledged before me this day of 2015 on behalf of the City of Fellsmere, Florida by , as Mayor, and attested by , as City Clerk, of the City of Fellsmere, Florida. Both are personally known to me. NOTARY PUBLIC Commission No.: My Commission Expires: AS TO FORM: City Attorney Page 7 of 8 2017.01.18.Rrst.Amended.Interlocal. docx 78 of 155 ATTEST: City Clerk [Seal] STATE OF FLORIDA COUNTY OF INDIAN RIVER CITY OF VERO BEACH Mayor Date: The foregoing instrument was acknowledged before me this day of 2015 on behalf of the City of Vero Beach, Florida by Laura Moss, as Mayor, and attested by Tammv K. Bursick, as City Clerk, of the City of Vero Beach, Florida. Both are personally known to me. NOTARY PUBLIC Commission No.: My Commission Expires: Approved as to form and legal sufficiency: City Attorney Page 8 of 8 2017.01.18.First.Amended.Interlocal.docx Approved as conforming to municipal policy: City Manager 79 of 155 Olyl"F SEST_V HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: 22 February 2017 Agenda Item Title: Hurricane Matthew Debris Invoices Recommendation: Approve invoice payments to: DRC, $387,820.47; Tim Rose Contracting, 52,586.30; and, Mr. Mulch, $12,750. Background: On 10 October 2016, Staff received notice from County EMS of Hurricane Matthew FEMA Declaration for Debris Removal (Cat A) Public Assistance. Pursuant to that declaration, Staff activated the City contract debris hauler to assist in tree trimming of hanging limbs, tree removals, vegetation debris removal/ "Pass" operation, and grinding of collected vegetation at the two (2) City debris management sites. Since Matthew impacted numerous communities along Florida's East Coast, the City's contract hauler, DRC, could only provide a few trucks for the debris removal. To supplement DRC, Staff activated Tim Rose Contracting (TRC) to assist in the debris collection. TRC had heavy equipment and trucks previously staged at Hardee Park for the Barber Street Reconstruction project. TRC was able to respond immediately in the debris removal operation. All debris collection was completed by 18 November 2016. The combined operation for the Matthew debris operation is reimbursable: 80% Federal; 12.5% State. All invoices related to Cat `A' debris removal have been submitted to FEMA for reimbursement. If Agenda Item Requires Expenditure of Funds: Total Cost: $453,156.77 Amount Budgeted in Current FY: -0- Amount of Appropriation Required: $453,156.77 Fund to Be Utilized for Appropriation: General Fund Reserve Administrative Services Department/CFO Review:' Attachments: City Manager Authorization Date: 14 February 2017 1. DRC invoices 2. Tim Rose Contracting invoices 3. Mr. Mulch invoice 80 of 155 P.O. Box 17017 Galvcstun, TX 77558 To: City of Sebastian 1225 Main Street Sebastian, FL 32958 DRC INVOICE 504-482-2848 Fax: 504-482-252 INVOICE NO: SEB -1000-16-040 INVOICE DATE: 1211612016 Hurricane Matthew Disaster Number DR -4285 Work Performed - October 26 through November 15 Unit Price No. lane item Description Qtv Unit Price Total IA Load & Haul Vag Debris from ROW to DMS 0-15 Miles 24,085.20 $ 6.96 $ _ 167,632.85 5A Remove Hazardous Trees 6"-12" trunk (Leaner) 130.00 $ 55.00 $ 7,150.00 5H Remove Hazardous Trees 13"-24" trunk (Leaner) 12.00 $ 95.00 $ 1,140.00 5F Remove trees with hazardous limbs vnth ?2" from tree 1,383.00 S 70.00 $ 96.810.00 Sub Total $ 272.732.85 Pay this Amount $ 272,732.85 Direct All Inquires To: Lisa Garcia (504)482-2848 Kristy Fuentes (504) 482-2848 Please Transmit Via Wire To: Iberia Bank 200 W Congress St. Lafayette, LA 70501 A&A # 265270413 Account# 20001034804 81 of 155 P.O. Box 17017 Galveston, TX 77558 To: Unit Price No. 2A City or Sebastian 1225 Main Street Sebastian, Fl- 32958 HC INVOICE 504-482-2848 Fax. 504-482-2852 INVOICE NO: SE13-1001-16.040 INVOICE DATE: 12!2512018 Hurricane Matthew Disaster Number DR -4285 Work Performed - Debris Reduction Operations Line Item Description Grinding/Chipping veg debris Direct All Inquires To: Lisa Garcia (504)482-2848 Kristy Fuentes (504) 482-2848 Qty Unit Price Total 24,085.20 $ 2.45 $ 59,008.60 Sub Total $ 59,008.60 Pay this Amount 5 59,008.60 Please Transmit Via Wire To: Iberia Bank 200 W Congress St. Lafayette, LA 70501 ABA # 26527D413 Account# 20001D34804 82 of 155 P.O. Box 17017 Galveston, TX 7758 To: City of Sebastian 1225 Main Street Sebastian, FL 32958 DRC INVOICE 504-482-2848 Fax: 504-482-2852 INVOICE NO: SEB -1002-16-040 INVOICE DATE: 11912016 Hurricane Matthew Disaster Number DR -4285 Work Performed - Noveber 1 through November 17 Unit Price No. Line Item Description OtV Unit Price Total 1A Load & Haul Vag Cebris from ROW to DMS 0-15 Miles 2.929,80 $ 6.96 S 20,391.27 2A Grinding/Chipping veg debris 2,929.80 5 2.24 S 6,562.75 5A Remove Hazardous Trees 6"A 2" trunk (Leaner) 3.00 $ 55.00 $ 165.00 5B Remove Hazardous Trees 13'-24" trunk (Leaner) 2.00 $ 95.00 $ 5F Remove trees with hazardous limbs wish >2' from tree 411.00 190.00 I $ 70,00 $ 28.770.00 Sub Total S 56,079.02 Pay this Amount S 56,079.02 Direct All Inquires To: Please Transmit Via Wire To: Lisa Garcia Iberia Bank (504)482-2848 200 W Congress St, Lafayette, LA 70501 Kristy Fuentes (504) 482-2848 ABA # 265270413 Account # 20001034804 83 of 155 Timothy Hose Conlracling, .Incotpot-aled 1360 SW Old Dixie Highway Suite 106 Vera Beach, FL 32962 Phone # (772) 564-7800 E-mail TimRose7©,comcast.net City Of Sebastian purchasing Division 1225 Main Street Sebastian, FL 32958 Hurrican Matthew Cie -an Up Invoice Invoice # 6077 Invoice Dale: 11/10/2016 Thank you for your business. jI Total Invoice Amount Payments/Credits Applied Balance Due $11,471.70 $0.00 x11,17;.70 84 of 155 P.O. No. Payment Terms J� Upon Receipt Quantity Description Unit Price Amount 21.74 Dump'Frucks 23.3 Serpi Truck 70.00 1,521.80 40.3 Loader 135.00 3,145,50 39.85 Laborers 155.00 6,246.50 14.00 557,90 Thank you for your business. jI Total Invoice Amount Payments/Credits Applied Balance Due $11,471.70 $0.00 x11,17;.70 84 of 155 Timothy Rose Contracdiqu, Incorporated 1360 SW Old Dixie Highway Suite 106 Vero Beach, FL 32962 Phone # (772) 564-7800 E-mail TimRose7Qcomcast.net City Of Sebastian Purchasing Division 1225 Main Street Sebastian, n 32958 P.O. No, s. Hurrican Matthew Clean Up Payment Terns Upon Receipt Invoice Invoice # 6078 Invoice Date: 11t13t2016 Quantity Description Unit Price Amount 28.54 Dump Trucks 70.00 1,997.80 29.41 Semi Truck 135.00 3,970.35 41.82 Loader 155.00 6,482.10 43.11 Laborers 14.00 603.54 Thank you for your busincss. Total Invoice Amount Payments/Credits Applied Balance Due $13,053.79 $0.00 $13,053.79 85 of 155 TimoMy Rose Contracting, Incorporated 1360 SW Old Dixie Highway Shite 106 Vero Beach, FL 32962 Phone # {772} 564-7800 E-mail l'imRose7@comcast.net City Of Sebastian Purchasing Division► 1225 tvfain Street Sebastian, FL 32958 Quantity 2,957.50 42.25 Dump Trucks 12.51 Semi Truck- ruck40.11 40-11 Loader 37.38 Laborers Thank you for your business. Hurrican Matthew Clean Up I' P.O. No. I Payment Terms Upon Receipt j Description J Invoice` Invoice # 6079 I Invoice Date: 11/15/2016 1 Unit Price Amount 70.00 2,957.50 135.00 1,688.85 155.00 6,217.05 14.00 523.32 Total Invoice Amount $11,386.72 Payments/Credits Applied $0,00 Balance Due $11,386.72 86 of 155 Timothy Rose Corttt acting, Incorporated 1360 SW Old Dixie Highway Suite I06 Vero Beach, FL 32962 Phone # (772) 564-7800 E-mail ThnRose7@comcast.net City Of Sebastian Purchasing Division 1225 Main Street Sebastian, FL 32958 Invoice If Invoice # 6080 - I Invoice Date: 11/17/2016 Hurrican Matthew Clean Up P.O. No. Payment Terms Upon Receipt Quantity Description Unit Price Amount 73.37 Dump Trucks 70.00 5,135.90 39.27 Loader 155.00 6,086.85 39.16 Laborers 14.00 548.24 Thank you foryour business. Total Invoice Amount $11,770.99 JI Payments/Credits Applied $0.00 Balance Due $11,770.99 87 of 155 Tinzothy Rose Contracting, Incofparated 1360 SW Old Dixie Highway Suite 106 Vero Beach, n 32962 Phone # (772) 564-7800 E-mail TimRose7Qcomcast.net City Of Sebastian Purchasing Division 1225 Main Street Sebastian, P1, 32958 . � 0W Quantity Description 28.72 Dump Trucks 17.1 Loader 17.3 Laborers iThank you for your business. Invoice Invoice # 6081 Invoice Date: 1 1118/2016 Hurrfcan Matthew __- Clean Up Payment Terms Upon Receipt Unit Price Amount 70.00 2,010.40 155.00 2,650.50 14.00 242.20 Total Invoice Amount $4,903.10 Payments/Credits Applied $0.00 !!� Balance Due $4,903.10 88 of 155 MR. MULCH, INC. VERO BEACH. FL 32967 772-778-1059 Bill To CITY OF SEBASTIAN ATTN: FRANK WATANABE 1225 MAIN STREET SEBASTIAN, FL 32958 Quantity Description WORK IN ACCORDANCE WITH PROPOSAL NUMBER 16116, ATTACHED HERETO. GRIND AND WINDROW VEGETATIVE HURRICANE DEBRIS Invoice Date l Invoice # 1/19/3017 30391 Terms Price Each Amount 12.750M 12,750.00T Sales Tax (7.0%) $892.50 Total $13,642.50 89 of 155 MCF SEBASTIAN ;insi;w HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: 22 February 2017 Agenda Item Title: SMGC re -grassing of greens and collars. Recommendation: Approve Golf Course Re -grassing project. Authorize the City Manager to sign appropriate documents. Background: The Sebastian Municipal Golf Course (SMGC) `greens' were last refurbished/re-grassed in 2001. It is well established that golf course greens age as any living species ages. Today, SMGC greens would be about 100+ years -old, in human terms, therefore, requiring extra care. The `mark' of a quality course is the quality of its greens. Simply put, the better the greens the greater the interest in the course which translates into greater revenue. Excellent golf course putting greens are the best form of advertisement, and positive PR, a golf course can have. Management has determined that SMGC requires the putting greens, and collars, re -grassed. It has been determined, and management is recommending, that Champion Turf is the best choice for this project. Numerous golf courses have switched to Champion since the turf produced is a perfect fit for the southeast providing a fast growing, shade and drought tolerant product, offering an increased density of grass blades (which will help with "ball -marks"). In addition, Champion grows well in soils with dense organic matter ---a SMGC specific problem. Champion Turf will guarantee total genetic purity for five (5) years. Management is recommending Champion Turf, LLC be awarded the contract for this project. Since Champion Turf is the unique provider of this product, an Extraordinary Procurement Certificate is attached. If Agenda Item Requires Expenditure of Funds: Total Cost: $165,800 Amount Budgeted in Current FY CIP: $165,000 Additional Appropriation required: $800 Fund to Be Utilized: Building Fund Loan to SMGC /� 1Administrative Services Department/CFO Review: l Attachments: 1. Extraordinary Procurement Certificate 2. Contract City Manager Authorization: K U Date: 11 February 2017 90 of 155 MY SEBAST� HOME OF PELICAN ISLAND CITY OF SEBASTIAN EXTRAORDINARY PROCUREMENT CERTIFICATE DATE: January 30, 2017 TO: Randy Moyer FROM: Greg Gardner, PGA Director of Golf DEPARTMENT: Golf Course DIVISION: Admin TYPE OF PROCUREMENT: SINGLE SOURCEA EMERGENCY 0 ITEMS OR SERVICES REQUIRED: PROPOSED VENDOR: CHAMPION TURF, LLC "No -till" re -grassing of 20 putting greens and collars with Champion Turf sprigs. JUSTIFICATION FOR EXCEPTION TO NORMAL PROCUREMENT PROCEDURE: Champion Turf Company (CT) is the only company who has the sole rights to provide Champion Turf sprigs. Champion Turfs team of agronomic scientists designed and created the turf. Champion Turf's installers have performed no -till putting green renovations to over 800 golf courses in the U.S.A. Champion Turf, which offers a genetic purity guarantee for five(5) years, will be beneficial to SMGC for numerous reasons including shade & drought tolerance, density of grass blade (very durable in dealing with "ball - marks" and overall look and perfonnance issues. Champion Turf grows favorably in conditions that have "heavy organics" in the underlying layers, which is a consistent characteristic of SMGC's greens and collars. CERTIFICATION OFA VAILABILITY/NECESSITY I hereby certify that I have thoroughly reviewed the facts and circumstances of this requested purchase and that (1) the supplier of the goods/services requested is the sole source supplier, or (2) the Department has an urgent need, on an emergency basis, for the purchase of the goods/services and the emergency is such that a delay through the use of normal competitive procurement methods to acquire such good /services would not be in the public's be interest and would be detrimental to the City. �? Date: Z % 3 epartent Head Signature Month Day Year Approved: L/ ` �� P ocur ment Yanager Date Month Day Year Approved: Date /7 City Attgmey Month Day Year Approved: Date: ✓ % Month Day lbftf 155 CM %'f SEB.AST HOME OF PELICAN ISLAND PLANTING CONTRACT This agreement dated this day of February 2017 by and between CHAMPION TURF, LLC, (hereafter "CT") and the Sebastian Municipal Golf Course (hereafter "SMGC"). There will be two (2) phases of work with 9 holes and Practice greens to be re -grassed in each phase. The First part of the renovation will begin May 8` , 2017 (affected greens/collars will be 1 through 9, plus putting practice green) and the final phase will be started the week of July 17th 2017 (affected greens/collars will be 10 through 18, plus practice hole green). During each phase of the renovation, the holes being worked on will not be open for golf play. SCOPE OF WORK: CT to provide supervision, equipment, labor, plant material and technical skills to re - grass the greens and collars at SMGC with Champion Bermuda grass (Blackout Collars) using the following process: PREPARATION: 1. Herbicide shall be used to kill existing turf The Herbicide will be applied to the greens approximately two weeks in advance of closing affected areas of the golf course. The Herbicide will be provided by CT and applied by International Golf Maintenance, Inc. (IGM) personnel. 2. Existing turf on the putting surfaces and collars will be removed by CT personnel by employing a sod cutter to cut the greens at approximately 1.5" depth (2.5" for collars). The material removed shall be taken by CT to an on-site disposal location designated by SMGC. 3. CT personnel will cultivate the root zones with a roto -tiller to re -homogenize the sand - organic mixture of the root zone. 4. CT personnel will grade the putting surfaces to provide optimal playability and surface drainage. 5. Greens will be irrigated heavily by International Golf Maintenance, Inc. (IGM) personnel to settle the root zones and to confirm positive surface drainage. Heavy irrigation is defined as adequately soaking the top layers of material, soaking in depth to approximately 4 inches. 6. CT personnel will dig a trench, approximately 6 inches wide and 6 inches deep, around the perimeter of the area to be fumigated to contain the Basamid in the event of heavy rain. 7. After the greens have been finish -graded by CT personnel, CT personnel will then apply Basamid soil fumigant to the root zones at the highest label rate, which is defined as 12 to 15lbs per 1,000 square feet, then irrigated by IGM for one week to activate the Basamid according to the label directions. Irrigation will consist of a one-time daily application of water, not exceeding 4 minutes of run time. 92 of 155 8. After dissipation of the Basamid (minimum of 5 days following application), CT personnel will perform final grading work on the putting surfaces in preparation for planting. 9. CT Personnel will re -grade the collar areas needed to provide positive surface drainage prior to installation of Blackout Sprigs. PLANTING: 1. Pre -plant fertilizer and soil amendments provided by SMGC will be applied by International Golf Maintenance, Inc. (IGM) personnel. Pre -plant fertilizers include potash, calcium, nitrogen and potassium. 2. The putting surfaces and collars will be sprig -planted at 35 bushels per 1,000 sq. ft. by CT personnel. 3. SMGC & International Golf Maintenance, Inc. (IGM) personnel will be responsible for operation of the irrigation system during planting and subsequent grow -in. POST -PLANT CARE: 1. All fertility, soil amendment, herbicide, insecticide, and fungicide applications will the responsibility of SMGC & International Golf Maintenance, Inc. (IGM) personnel. 2. All cultural practices applied after planting, such as irrigating, mowing, topdressing, verticutting, aerifying, etc., will be the responsibility of SMGC & IGM. 3. CT will be responsible for providing any additional sprigs, if required due to loss of viability, regardless of cause, until the greens have been opened for play. 4. CT will be responsible for providing any sod required for erosion repair or to replace areas where foreign Bermuda grasses have been eradicated during the grow -in period prior to opening for play. 5. SMGC & IGM will be responsible for thoroughly checking and operating all irrigation systems beforehand to ensure dependable performance during the planting and grow -in period. 6. SMGC & IGM is responsible for monitoring irrigation of planted areas. 7. It will be the responsibility of SMGC & IGM to remove any foreign grasses which are found in the greens after opening. CT will provide sod to repair any such areas where foreign grass removal is required for a period of five years after planting at no cost to SMGC (freight cost is not included and will be the responsibility of SMGC). GUARANTEE: CT guarantees the genetic purity of the Champion planting stock used to plant the greens for a period of five years from the date of planting. If during that time, SMGC determines that the greens require replanting due to the presence of foreign grasses which were introduced as part of the Champion planting stock, CT agrees to eradicate the grass on the greens and replant with new Champion planting stock at no cost to SMGC. This warranty does not cover contamination by grasses found growing on-site which have encroached or are introduced later through maintenance practices or neglect. This warranty is limited to replacement of the turf on the putting surfaces and does not cover any other costs or expenses incurred, including lost revenues. 93 of 155 CT will provide sod to repair any areas where foreign grass removal is required for a period of five years after planting at no cost to SMGC. Freight cost to have the sod delivered is not included and it will be the responsibility of SMGC. This warranty does not provide sod to be used for general repair or replacement of turf due to damage from wear, shade, disease, vandalism, herbicide accidents, or any other damage resulting from maintenance practices. INSURANCE: Champion Turf, LLC. will maintain statutory insurance coverage during the performance of this contract as follows: • ❑ General Liability: $1 million per occurrence / $2 million aggregate • ❑ Automobile Liability: $1 million combined single limit • ❑ Workman's Compensation: $500,000 COST 1 PAYMENT: Each phase of the re -grassing as described herein shall be for the amount of $82,900, which will total at $165,800. Payment for each phase ($82,900) shall be due after planting of each phase. DISPUTE RESOLUTION: Any dispute over the terms or performance of this agreement will be immediately resolved by the Sebastian Director of Golf and the CT Forman on the job. If an agreement cannot be reached by the parties, they shall agree upon a neutral third party shall resolve the dispute with a final decision. GENERAL INDEMINIFCIATION: For other and additional good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Contractor shall and does hereby indemnify, hold harmless and defend the City of Sebastian, its officers, agents, officials, representatives and employees against any and all liability, loss, cost, damages, expenses, claim or actions, or whatever type, including but not limited to attorney's fees and suit costs, for trial and appeal which the City of Sebastian, its officers, officials, agents, official representatives or employees or any other person(s) or business entity(ies) who may hereafter sustain, incur or be required to pay, arising wholly or in part due to any act or omission of Contractor, its agent(s), vendors, sub- Contractor(s), representatives, servants, or employees in the execution, performance or nonperformance or failure to adequately perform Contractor's obligations pursuant to this contract. 94 of 155 Champion "Turf, LLC The City of Sebastian By: By: Paul Housewright, Joe Griffin, Florida Manager City Manager Champion Turf, LLC 7900 NW Selvitz Road Port St. Lucie, FL 34983 561-239-1683 ATTEST: Approved as to Form for Reliance by the City of Sebastian only: Jeanette Williams, MMC Robert A. Ginsburg City Clerk City Attorney 95 of 155 C lr SEBASTAN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetins Date: 22 February 2017 Aeenda Item Title: 190 Sebastian Boulevard. Recommendation: Approve purchase of 190 Sebastian Boulevard. Authorize the City Manager to execute appropriate purchase documents. Background: For approximately two (2) years, Staff has been in contact with the owner of the commercial property located at 190 Sebastian Boulevard. The property was put up for sale, by -owner, in the spring of 2015. At that time, the City Manager contacted the owner to investigate a possible purchase by the City. In March 2015, an appraisal was completed and the value of the property was set at $50,000. The City Manager conveyed a $50,000 offer to the owner contingent upon City Council approval. That offer was rejected. Periodically, the City Manager contacted the owner to see if there had been a change in position. During a recent call, the owner and the City Manager negotiated a sale price of $70,000, including the City paying closing costs (approximately $1511) with the exception of property taxes. All terms are contingent upon Council approval. Total request for approval is, not to exceed. $72,000. The parcel abuts the City's Public Works Garage `compound' (Attachments IA & 113). Staff believes the connection to 512 East, on the South side of the `compound' would provide a more efficient, and safer, connectivity to the Garage area. In addition, if, and when, the Garage facility were to be relocated/sold, access to both 512 East and West will make the Garage property more valuable. A tertiary benefit would be that the City would be able to clean the area of a derelict structure on the property. If Agenda Item Requires Expenditure of Funds: Total Cost not to exceed: $72,000. Amount Budgeted in Current FY: -0- Appropriation required: not to exceed $72,000. Fund to Be Utilized: DST Administrative Services Department/CFO Review: Attachments: 1. Overhead views of subject property J 2. Contract 3. Closing cost estimate Professional Title 4. Appraisal City Manager Authorization: Date: 15 February 2017 96 of 155 2/1512017 Print I Back Indian River County, Florida Property Appraiser - Printer Friendly Map Indian River County GIS 11 ParcelID OwnerName PropertyAddress 31390700000300000006.0 OFFERDING EDWARD R IDA L Notes http://www.ircpa.org/PrintMap.aspx 190 SEBASTIAN BLVD SEBASTIAN, FL 32958 /� 7/4q 55 im 2/15/2017 Indian River County, Florida Property Appraiser - Printer Friendly Map Print I Back Indian River County GIS F", ■ F1 4, IP 40 uGlabs p Engin ParcelID OwnerName PropertyAddress 31390700000300000006.0 OFFERDING EDWARD R * 190 SEBASTIAN BLVD SEBASTIAN, FL IDA L 32958 Notes http:/twww.irepa.orgIPrintMap.aspx 1I1 1" 2" 3 4 5 6' 7- 8- 9. "8`9' 10 11 12' 13" 14" 15" PARTIES: and"Buyer7, hereby agree that Seller shall sell and Buyer shall buy the following described Real Property and Personal Property (collectively "Property") pursuant to the terms and conditions of this Contract for Sale and Purchase and any riders and addenda ("Contract"): 1. DESCRIPTION: . (a) Legal description of the Real Property located in L tir //{ti' /ter % t. Fe`'7 County, Florida: (b) Street address, city, zip, of the Property: / �iJ 5r'"A��/1,J ZLliXJ� �✓S %i�dit �, %�--i I TST (c) Personal Property includes existing range(s), refrigerator(s), dishwasher(s), ceiling fan(s), light fixture(s), and window treatments) unless specifically excluded below. Other items included are:� 1 Items of Personal Property (and leased items, if any) excluded are: �6'�/,5 ws- / 16" II. PURCHASE PRICE (U.S. currency):,. . ............. ......................................... $ 17 PAYMENT G �/ 18' (a) Deposit held in escrow bvl' � �` L�� �L +rfTC / �- (Escrow Agent) in the amount of (checks subject to clearance) 19' (b) Additional escrow deposit to be made to Escrow Agent within days after Effective Dale 20' (see Paragraph III) in the amount of........................................................................ S 21" (c) Financing (see Paragraph IM in the amount of ......... . ......................... . . ........................ S 22' (d) Other ............................................................................................ 23 (e) Balance to close by cash, wire transfer or LOCALLY DRAWN cashier's or official bank check(s), subject 24" to adjustments or prarasions ................. . ........ ..........^,�............................................ � 25 Ill, TIME FOR ACCEPTANCE OF OFFER AND COUNTEROFFERS; EFFECTIVE DATE: 26 (a) if this offer isnot e uted by and defivereq f all parties OR FACT OF EXECUTION communicated in writing between the parties on o 27" before _ _ � 3;&, / the deposit(s) will, at Buyer's option, be returned and this offer withdrawn, UNLESS OTH. 28 ERWISE STATED, THE TIME FOR A EPTANCE OF ANY COUNTEROFFERS SHALL BE 2 !JAYS FROM THE DATE THE COLIN, 29 TEROFFER IS DELIVERED. 30 (b) The date of Contract ("Effective Date") will be the date when the last one of the Buyer and Seller has signed or initialed this offer or thf 31 final counteroffer. If such date is not otherwise set forth in this Contract, then the "Effective Date" shall be the date determined above fo 32 acceptance of this offer or, if applicable, the final counteroffer. 33 IV. F ANCiNG: 34') This is a cash transaction with no contingencies for financing; 35' Ct (b) This Contract is contingent on Buyer obtaining approval of a loan ("Loan Approval") within days (f blank, then 30 days) afte 36' Effective Date ("Loan Approval Date") for (CHECK ONLY ONE): 0 a fixed; ❑ an adjustable; or �) a fixed or adjustable rate loan, in the grin 37' cipal amount of S , at an initial interest rate not to exceed %, discount and origination fees not to excee( 38" % of principal amount, and for a term of years. Buyer will make application within days (if blank, then 5 days) afte 39 Effective Date. Buyer shall use reasonable diligence to: obtain Loan Approval and notify Seller in writing of Loan Approval by Loar 40 Approval Date; satisfy terms and conditions of the Loan Approval; and close the loan. Loan Approval which requires a condition related t( 41 the sale of other property shall not be deemed Loan Approval for purposes of this subparagraph. Buyer shall pay all loan expenses. If Buye 42 does not deliver written notice to Seiler by Loan Approval Date stating Buyer has either obtained Loan Approval or waived this financing con 43 tingency, then either party may cancel this Contract by delivering written notice ("Cancellation Notice") to the other, not later than seven (7 44 days prior to Closing. Seller's Cancellation Notice must state that Buyer has three (3) days to deliver to Seller written notice waiving thi; 45 financing contingency. If Buyer has used due diligence and has not obtained Loan Approval before cancellation as provided above, Buye 46 shall be refunded the deposit(s). Unless this financing contingency has been waived, this Contract shall remain subject to the satisfaction 47 by Closing, of those conditions of Loan Approval related to the Property; 48' O (c) Assumption of existing mortgage (see rider for terms); or 49" ❑ (d) Purchase money note afl�mortgage to Seller (see Standards B and K and riders; addenda; or special clauses for terms). 50" V. TITLE EVIDENCE: At least, days (if blank, then 5 days) before Closing a title insurance commitment with legible copies of instrument; 51 listed as exceptions attached thereto ("Title Commitment") and, after Closing, an owner's policy of title insurance (see Standard A for terms) sha 52 be obtained by: 53' (CHECK ONLY ONE): _u�1) Seller, at Seller's expense and del#vered to Buyer or Buyer's attorney; or 54" Zii,42) Buyer at Buyer's expense. 55' (CHECK HERE): U if abstract of title is to be furnished instead of title insurance, and all ri er for terms. 56" VI. CLOSING DATE: This transaction shall be closed and the closing documents delivered on ' -�9, Y,61"A /- ;;,- ("Closing"), unless 57 modified by other provisions of this Contract. If Buyer is unable to obtain Hazard, Wind, Flood, or Homeowners' insurance at a reasonable rats 58 due to extreme weather conditions, Buyer may delay Closing for up to 5 days after such coverage becomes available. 59 VII. RESTRICTIONS; EASEMENTS; LIMITATIONS: Seller shall convey marketable title subject to: comprehensive land use plans, zoning 60 restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or oiherwis( FAR/BAR-7s Rev. 7104 © 2004 Florida Association of RE,3resas" and The Florida Bar All Rights Reserved Page 1 of 4 99 of 155 12-- .. $1 common to the subdivision; outstanding oil, gas and mineral rights of record without right of entry; unplatted public utility easements of record 62 (located contiguous to real property fines and not more than 10 feet in width as to the rear or front lines and 7 1/2 feet in width as to the side 63 lines); taxes for year of Closing and subsequent years; and assumed mortgages and purchase money mortgages, if any (f additional items, see 64 addendum); provided, that there exists at Posing no violation of the foregoing and none prevent use of the Property for 65' ,, Z_% ,V J e l _ purpose(s). 66 VIII. OCCUPANCY: Seller shall deliver occupancy of Property to Buyer at time of Closing unless otherwise stated herein. If Property is intended 67 to be rented or occupied beyond Closing, the fact and terms thereof and the tenant(s) or occupants shall be disclosed pursuant to Standard F. 68 If occupancy is to be delivered before Closing, Buyer assumes all risks of loss to Properly from date of occupancy, shall be responsible and liable 69 for maintenance from that date, and shall be deemed to have accepted Property in its existing condition as of time of taking occupancy. 70 IX. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions, riders and addenda shall control all printed pro - 71 visions of this Contract in conflict with them. 72' X. ASSIGNABILITY: (CHECK ONLY ONE): Buyer fJ may asst and thereby be released from any furlher liability under this Contract; iJ may 73` assign but not be released from liability under this Contract; or -way not assign this Contract. 74 XI. DISCLOSURES: 75• (a) J CHECK HERE if the Property is subject to a special assessment lien imposed by a public body payable in installments which 76" continue beyond Closing and, if so, specify who shall pay amounts due after Closing: J Seller U Buyer J Other (see addendum). 77 (b) Radon is a naturally occurring radioactive gas that when accumulated in a building in sufficient quantities may present health risks to per - 78 sons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. 79 Additional information regarding radon or radon testing may be obtained from your County Public Health unit. 80 (c) Mold is naturally occurring and may cause health risks or damage to property. If Buyer is concerned or desires additional information 81 regarding mold, Buyer should contact an appropriate professional. 82 (d) Buyer acknowledges receipt of the Florida Energy -Efficiency Rating Information Brochure required by Section 553.995, F.S. 83 (e) If the real property includes pre -1978 residential housing then a lead-based paint rider is mandatory. 84 (1) If Seller is a "foreign person" as defined by the Foreign Investment in Real Properly Tax Act, the parties shall comply with that Act. 85 (g) BUYER SHOULD NOT EXECUTE THIS CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE HOMEOWNERS' ASSOCIA- 86 TION/COMMUNITY DISCLOSURE. 87 (h) PROPERTY TAX DISCLOSURE SUMMARY. BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT PROPERTY TAXES AS THE AMOUNT 88 OF PROPERTY TAXES THAT THE BUYER MAY 13E OBLIGATED TO PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNER - 89 SHIP OR PROPERTY IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER PROPERTY TAXES. 90 IF YOU HAVE ANY CUESTIONS CONCERNING VALUATION, CONTACT THE COUNTY PROPERTY APPRAISER'S OFFICE FOR INFORMATION. 91 XII. MAXIMUM RE AIE3 COSTS: Seller shall not be responsible for payments in excess of: 92' (a) $ /t i�-,�jjf for treatment and repair under Standard D (if blank, then 1.59S of the Purchase Price). 93• (b) S _ _� V for repair and replacement under Standard N not caused by Wood Destroying Organisms (f blank, then 1.5% 94 of the Purchase Price). 95• XIII. HOME WARRANTY. iJ Seller J BuyerXN/A will pay for a home warranty plan issued by 96' at a cost not to exceed S ffff 97 XIV. RIDERS; ADDENDA; SPECIAL CLAUSES: CHECK those riders which are applicable AND are attached to and made part of this Contract: 98' 'J CONDOMINIUM J VA/FHA J HOMEOWNERS' ASSN. J LEAD-BASED PAINT J COASTAL CONSTRUCTION CONTROL LINE 99" J INSULATION J "AS IS" O Other Comprehensive Rider Provisions J Addenda 100• Special ause(s : 101` e U 7�4/ 'V` CX- 010-71-41.,-, 102*/,'- -N n / i—�� 103, 0` �' �i:2 T� /�~ �1 / �� -772!t'IC7<,41z, ! IV� 104 XV. STANDARDS FOR REAL ESTATE TRANSACTIONS ("Standards"): Buyer and Seller acknowledge receipt of a copy of Standards A 105 through Y on the reverse side or attached, which are incorporated as part of this Contract. 106 THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, 107 SEEK THE ADVICE OF AN ATTORNEY PRIOR TO SIGNING. 108 THIS FORM HAS BEEN APPROVED BY THE FLORIDA ASSOCIATION OF REALTORS` AND THE FLORIDA BAR. 109 Approval does not constitute an opinion that any of the terms and conditions in this Contract should be accepted by the parties in a 110 particular transaction, Terms and conditions should be negotiated based upon the respective interests, objectives and bargaining 111 positions of all interested persons. 112 AN A�S FOLL, 1NG A UNE NUMBER IIN� THE MARGINJINATES THE LINE CONTAINS A BLANK T O BE COMPLETED. 113' _ i1i` �-3r �J3 i �—� / 7 114 (BUYE�})� CJ if�/lg��— {DATE) (SELL,R) {DATE( 115• �� t�-r IV 116 (BUYER) (DATE) (SELLER) 117' Buyers' address for purposes of notice! Z 7- 5 j �' Sellers' address for purposes of notice 118• (DATE) 119' Phone Phone 120 BROKERS: The brokersfiincluding cooperating brokers, if any) named below are the only brokers entitled to compensation in connection with 121 this Contract: 122' Name: 123 Cooperatirig Brokers, if any Listing Broker FAR/8AR-7s Rev. 7104 9 2004 Florida Association of ReruToml and The Florida Bar A# Rights Reserved Page 2 of 4 100 of 155 .124 STANDARDS FOR REAL ESTATE TRANSACTIONS 125 A. TITLE INSURANCE: The Title Commitment shall be issued by a Florida licensed titie Insurer agr alnig to issue Buyer, upon recording of the dead to Buyer, an 126 ownees policy of title insurance In the amount of the purchase price, insuring Buyer's marketable title to the Real Property, subject only to matters contained In 127 Paragraph VII and those to be discharged by Seller at or before Closing. Marketable title shall be determined according to applicable Title Standards adopted by 128 authority of The Florida liar and in accordance with law. Buyer shall have 5 days from date of receiving the True Commitment to examine it, and if title is found defec- 129 tive, notify Seger in writing specifying defect(s) which render title unmarketable. Seller shall have 30 days from receipt of notice to rerrrove the defects, failing which 130 Buyer shall, within 5 days alter expiration of the 30 day period, deliver mitten notice to Seger either. (1) extending the time for a reasonable period not to exceed 120 131 days within which Seger shall use diligent effort to remove the defects; or (2) requesting a refund of deposit(s) paid which shag be returned to Buyer. H Buyer fags to 132 so notify Seger, Buyer shag be deemed to have accepted the title as it then is. Seller shall, ff title Is found unmarketable, use diligent effort to correct defeCI(s) within 133 the time provided. If, after diligent effort. Seller is unable to timely correct the defects. Buyer shag either waive the defects, or receive a refund of deposg(s), thereby 134 rdeas€ng Buyer and Seller from all further obligations under this Contract. It Seger is to provide the Title Commitment and it is delivered to Buyer less than 5 days prior 135 to Closing, Buyer may extend Closing so that Buyer shall have up to 5 days from date of receipt to examine same in accordance with this Standard. 136 B. PURCHASE MONEY MORTGAGE; SECURITY AGREEMENT TO SELLER: A purchase money mortgage and mortgage note to Seller shall provide for a 137 30 day grace period in the event of default if a first mortgage and a 15 day grace period if a second or lesser mortgage; shall provide for right of prepayment 138 in whole or in part without penalty; shall permit acceleration in event of transfer of the Real Property; shall require all prior liens and encumbrances to be kept 139 In good standing; shall forbid modifications of, or future advances under, prior mortgage(s); shall require Buyer to maintain policies of insurance containing a 140 standard mortgagee clause covering all Improvements located on the Heal Property against fire and all perils Included within the temp "extended coverage 141 endorsements" and such other risks and perils as Satter may reasonably require, in an amount equal to their highest insurable value; and the mortgage, note 142 and security agreement shall be otherwise in form and content required by Seller, but Seller may only require clauses and coverage customanly found in mort- 143 gages, mortgage notes and security agreements generally utilized by savings and loan institutions or slate or nalionai banks located in the county wherein the 144 Real Property Is located. All Personal Property and leases being conveyed or assigned will, at Seller's option, be subject to the lien of a security agreement ev€- 145 dented by retarded or filed financing statements or certificates of title. If a balloon mortgage, the final payment will exceed the per€odic payments thereon. 146 C. SURVEY: Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have the Real Property surveyed and certified 147 by a registered Florida surveyor. If the survey discloses encroachrnwts on the Real Property or that Improvements located thereon encroach on setback lines, ease - 148 meets, lands of others or violate any restrictions, Contract covenants or applicable governmental regdatiorrs, the same shag constitute a title defect. 149 D. WOOD DESTROYING ORGANISMS: `Wood Destroying Organisers" (WDO) shall be deemed to include alt wood destroying organisms required to be report - 150 ed under the Rodda Structural Pest comm€ Act, as amended. Buy% at Buyer's expense, may have the Property inspected by a Florida Certified Pest Control Operator 151 (`Operator"} within 20 days after the Effective Date to determine if there €s any visible active WDO infestation or visible damage from WDO infestatlon, excluding fences. 152 If either or both are found. Buyer may within said 20 days (1) have cost of treatment of active Infestation estimated by the Operator; (2) have all damage Inspected 163 and cost of repair estimated by an appropriately licensed contractor, and (3) report such cost(s) to Seller in writing. Seller shall cause the treatment and repair of all 154 WDO damage to be made and pay the costs thereof up to the amount provided in Paragraph YJI(a). If estimated costs exceed that amount, Buyer shall have the 155 option of canceling this Contract by giving written notice to Saler within 20 days after the Effective Cate, or Buyer may elect to proceed with the transactlon and 156 receive a creat at Closing equal to the amount provided in Paragraph X11(a). H Buyer's lender requires an updated WDO report, then Buyer shall, at Buyers expense, 157 have the opportunity to have the Property re -inspected for WDO infestation and have the cost of active Infestation or new damage estimated and reported to Seller 158 in writing at least 10 days prior to Closing, and thereafter, Seger shall cause such treatment and repair to be made and pay the cost thereof; provided, Sellers tolal 159 obligation for treatment and repair costs required under both the first and second inspection shall not exceed the amount provided In Paragraph XII (a). 160 E. INGRESS AND EGRESS: Seller warrants and represents that there Is ingress and egress to the Real Property sufficient for its Intended use as described 161 in Paragraph Vli hereof and title to the Real Property is Insurable in accordance with Standard A without exception for lack of legal right of access. 162 F. LEASES: Seller shall, at least 10 days before Closing, furnish to Buyer copies of a41 written leases and estoppel letters from each tenant specifying the nature 163 and duration of the tenants occupancy, rental rates, advanced rent and security deposits paid by tenant. if Seller is unable to obtain such letter from each ten - 164 ant, the same information shall be fumished by Seller to Buyer within that time period In the form of a Seger's affidavit, and Buyer may thereafter contact ten - 165 ant to confirm such information. If the terns of the leases differ materially from Selier's representations, Buyer may terminate this Contract by delivering written 166 notice to Seger at least 5 days prior to Closing. Seller shaft, at Closing, deliver and assign all original leases to Buyer. 167 G. LIENS: Seller shall furnish to Buyer at lime of Closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statement, 168 claims of lien or potential lienors known to Seller and further attesting that there have been no improvements or repairs to the Real Property for 90 days Imme- 169 diately preceding date of Closing. if the Real Property has been improved or repaired within that time, Seiner shall deliver releases or waivers of Construction 170 liens executed by all general contractors, subcontractors, suppliers and materialmen in addition to Seller's lien affidavit selling forth the names of all such gen- 171 eral Contractors, suboontractors, suppliers and materialmen, further affirming that all charges for improvements or repairs which could serve as a basis for a 172 construction lien or a claim for damages have been paid or will be paid at the Closing of this Contract. 173 H. PLACE OF CLOSING: Closing shall be held in the county wherein the Real Properly is located at the office of the attorney or other dosing agent ("Closing 174 Agent"} designated by the party paying for title insurance, or. if no title insurance, designated by Seller. 175 I. TIME: In computing time periods of less than sic (6) days, Saturdays, Sundays and state or national legal holidays shall be excluded. Any lime periods provided 176 for Ihereirt wttich shag and on a Saturday, Sunday, or a legal holiday shall extend to 5:00 p.m. of the nerd business day. Time is of the essence In this Contract.. 177 J. CLOSING DOCUMENTS: Seller shag furnish the deed, ball of sale, certificate of tuts, construction rien affidavit, owner's possession affidavit, assignments of leases, 178 lenar4 and mortgagee estoppel letters and corrective instruments. Buyer shag furnish mortgage, mortgage note, semntty agreement and financing statements. 179 K. EXPENSES: Documentary stamps on the deed and recording of corrective Instruments shaft be paid by Seller. All costs of Buyers loan (whether obtained 180 from Seller or third party), including, but not limited to, documentary stamps and intangible tax on the purchase money mortgage and any mortgage assumed, 181 mortgagee title Insurance commitment w€Ih related fees, and retarding of purchase money mortgage to Seller, deed and financing statements shall be paid by 182 Buyer. Unless otherwise provided by law or rider to this Contract, charges for the following related title services, namely title evidence, title exam(nation, and 183 closing fee (including preparation of closing statement), shall be paid by the party responsible for furnishing the title evidence In accordance with Paragraph U 184 L. PROBATIONS; CREDITS: Taxes, assessments, rent, interest, insurance and other expenses of the Property shall be prorated through the day before Closing. 185 Buyer shalt have the option of taking over existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at Closing shall be 166 increased or decreased as may be required by proration to be made through day prior to Closing, or occupancy, if occupancy occurs before Closing, Advance 187 rent and security deposits will be credited to Buyer. Escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current 188 year's tax with due allowance made for maximum allowable discount, homestead and other exemptions. If Closing occurs at a date when the current year's mill - 189 age is not fixed and current year's assessment is available, taxes roll be prorated based upon such assessment and prior year's millage. If current year's assess - 190 ment is not available, then taxes will be prorated on prior year's tax. If there are completed Improvements on the Real Property by January 1st of year of Closing, 191 which Improvements were not In existence on January list of prior year. then taxes shag be prorated based upon prior year's millage and at an equitable assess - 192 ment to be agreed upon between the parties; failing which, request shall be made to the County Property Appraiser for an Informal assessment taking into 193 aunt available exemptions. A tax proration based on an estimate shall, at request of either part)4 be readjusted upon receipt of current year's tax bill. 194 M. SPECIAL ASSESSMENT LIENS: Except as set forth in Paragraph XI(a), certified, confirmed and ratified special assessment liens imposed by public bod- 195 In as of Closing are to be paid by Seller. Pending liens as of Closing shall be assumed by Buyer. if the improvement has been substantially completed as of 196 Effective Date, any pending lien shall be considered certified, confirmed or ratified and Seller shall, at Closing, be charged an amount equal to the last estimate 197 or assessment for the improvement by the public body. FAR/BAR-7s Rev. 7/04 02004 Florida Association of RmTons' and The Florida Bar Ali Rights Reserved Page 3 of 4 101 of 155 198 STANDARDS FOR REAL ESTATE TRANSACTIONS (CONTINUED) 199 N. INSPECTION AND REPAIR: Seiler warrants that the ceiling, roof (nduding the fascia and soffits), exterior and Interior walls, foundation, and dockage of 200 the Property do not have any visible evidence of leaks, water damage, or structural damage and that the septic tank, pool, all appliances, mechanical items, 201 heating, 000Gng, electrical, plumbing systems, and machinery are in Working Condition. The foregoutg warranty shall be limited to the Items specified unless 202 otherwise provided in an addendum. Buyer may inspect, or, at Buyer's expense, have a firm or individual specializing in home Inspections and holding an occu- 203 pational license for such purpose (d required), or by an appropriately licensed Florida contractor, make Inspections of, those Items within 20 days after the 204 Effective Date. Buyer shall, prior to Buyer's occupancy but not more than 20 days after Effective Date, report In writing to Seller such items that do not meet 205 the above standards as to defects. Unless Buyer timely reports such defects, Buyer shall be deemed to have waived Seller's warranties as to defects not report - 205 ed. If repairs or replacements are required to comply with this Standard, Seller shall Cause them to be made and shall pay up to the amount provided in 207 Paragraph XII (b). Seiler is not required to make repairs or replacements of a Cosmetic Condition unless caused by a defect Seiler Is responsible to repair or 208 replace. If the cost for such repair or replacement exceeds the amount provided in Paragraph XII (b), Buyer or Seller may elect to pay such excess, failing which 209 either party may cancel this Contract. If Seller is unable to correct the defects prior to Closing, the cost thereof shall be paid into escrow at Closing. For pur- 210 poses of this Contract: (1) "Working Condition' means operating in the manner in which the item was designed to operate; (2) "Cosmetic Condition' means 211 aesthetic imperfections that do not affect the Working Condition of the Item, includng, but not limited to: pitted marcite or other pool finishes; missing or tom 212 screens; fogged windows; tears, worn spats, or discoloration of floor coverings, wallpaper, or window treatments; nail holes, scratches, dents, scrapes, chips 213 or caulking in ceilings, walls, flooring, fixtures, or mirrors; and minor cracks in floors, tiles, windows, driveways. sidewalks, or pool decks; and (3) cracked roof 214 tiles, curling or wom shingles, or limited roof life shall not be considered defects Seller must repair or replace, so long as there is no evidence of actual leaks 215 or leakage or structural damage, but missing tiles will be Seller's responsibility to replace or repair. 216 O. RISK OF LOSS: If the Property is damaged by fire or other casualty before Closing and cost of restoration does not exceed 1.5% of the Purchase Price, cost 217 of restoration shall be an obligation of Seller and Closing shall proceed pursuant to the terms of this Contract with restoration costs escrowed at Closing. If the 218 cost of restoration exceeds 1.5% of the Purchase Price, Buyer she either take the Property as is, together with either the 1.5% or any Insurance proceeds 219 payable by virtue of such loss or damage, or receive a refund of deposit(s), thereby releasing Buyer and Seiler from all further obligations under this Contract. 220 R CLOSING PROCEDURE: The deed shall be recorded upon clearance of funds. If the title agent insures adverse matters pursuant to Section 627.7841, F.S., 221 as amended, the escrow and dosing procedure required by this Standard shall be waived. Unless waived as set forth above the following dosing procedures 222 shall appy: (1) all closing proceeds shall be held In escrow by the Closing Agent for a period of not more than 5 days after Closing; (2) If Seller's title Is rendered 223 unmarketable, through no fault of Buyer. Buyer shall, within the 5 day period, notify Seller In writing of the defect and Seller shall have 30 days from date of recelpt 224 of such notification to cure the defect; (3) if Seller fails to timely cure the defect, all deposits and closing funds shall, upon written demand by Buyer and within 5 225 days after demand, be returned to Buyer and, simultaneously with such repayment, Buyer shall return the Personal Property, vacate the Real Property and recon - 226 vey the Property to Seger by special warranty deed and bill of sae: and (4) if Buyer fails to make timely demand for refund, Buyer shall take title as is, waiving all 227 rights against Seller as to any iniervenJ g defect except as may be available to Buyer by virtue of warranties contained in the deed or bill of safe. 228 O. ESCROW: Any Closing Agent or escrow agent (collectively "Agenl'receiving funds or equivalent is authorized and agrees by acceptance of them to deposit 229 them promptly, hold same in escrow and, su*ct to clearance, disburse them in accordance with terms and condilions of this Contract. Failure of funds to dear shag 230 not excuse Buyer's performance. it in doubt as to Agent's duties or liabilities under the provisions of this Contract, Agent may, at Agents option, continue to hold the 231 subject matter of the escrow until the parties hereto agree toffs disbursement or until a judgment of a Court of competent jurisdiction shag determine the rights of the 232 parties, or Agent may deposit same wish the derk of the circuit court having jurisdiction of the dispute. An attorney who represents a party and also acts as Agent 233 may represent such party In such action. Upon notifying all parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent 234 of accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, FS., as amended. 235 Any suit between Buyer and Seger wherein Agent Is made a party because of acting as Agent hereunder, or in any suit wherein Agent interpleads the subject matter 236 of the escrow, Agent shall recover reasonable attorney's fees and costs Incurred with these amounts to be paid from and out of the escrowed funds or equivalent 237 and charged and awarded as court costs In favor of the prevailing party. The Agent shall not be liable to any party or person for misdelivery to Buyer or Seller of items 238 subject to the escrow, unless such misdelivery Is due to willful breach of the provisions of this Contract or gross negligence of Agent. 239 R. ATTORNEY'S FEES; COSTS: In any litigation, including breach, enforcement or interpretation, arising out of this Contract, the prevailing party in such Fill - 240 gallon, which, for purposes of this Standard, shag include Seger. Buyer and any brokers acting in agency or nonagency relationships authorized by Chapter 241 475, F.S., as amended, shall be entitled to recover from the non -prevailing party reasonable attorney's fees, costs and expenses. 242 S. FAILURE OF PERFORMANCE: If Buyer fails to perform this Contract within the time specified, including payment of all deposits, the deposit(s) paid by 243 Buyer and deposit(s) agreed to be pad, may be recovered and retained by and for the account of Seiler as agreed upon liquidated damages, consideration for 244 the execution of this Contract and in full settlement of any claims whereupon, Buyer and Seller shag be relieved of all obligations under this Contract; or Seiler, 245 at Seller's option, may proceed in equity to enforce Seller's rights under this Contract. If for any reason other than failure of Seller to make Seller's title mar - 246 ketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, Buyer may seek specific performance or elect to receive the return of Buyer's 247 deposil(s) without thereby waiving any action for damages resulting from Sellert breach. 248 T. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE; FACSIMILE: Neither this Contract nor any notice of it shall be recorded in any public 249 records. This Contract shall bind and Inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall Include 250 plural and one gender shall include all. Notice and delivery given by or to the attorney or broker representing any party shall be as effective as if given by or to 251 that party. All notices must be in writing and may be made by mail, personal delivery or electronic media. A legible facsimile copy of this Contract and airy sig - 252 natures hereon shag be considered for all purposes as an original. 253 U. CONVEYANCE Seller shall convey marketable title to the Real Property by statutory warranty, trustees, personal representative's, or guardian's deed, as 254 appropriate to the status of Seller, subject only to matters contained in Paragraph VII and those otherwise accepted by Buyer- Personal Property shall, at the 255 request of Buyer, be transferred by an absolute bill of sale with warranty of title, subject only to such matters as may be otherwise provided for herein. 255 V. OTHER AGREEMENTS: No prior or present agreements or representations shall be bindumg upon Buyer or Seller unless Included in this Contract. No mod - 257 ificatlon to or change in this Contract shag be valid or binding upon the parties unless in writing and executed by the parties Intended to be bound by ft. 258 W. SELLER DISCLOSURE: There are no facts known to Seger materially affecting the value of the Property which are not readily observable by Buyer or which 259 have not been disclosed to Buyer. 260 X. PROPERTY MAINTENANCE; PROPERTY ACCESS; REPAIR STANDARDS; ASSIGNMENT OF CONTRACTS AND WARRANTIES: Seller shall main - 261 fain the Property. Including, but not limited to lawn, shrubbery, and pool in the condition existing as of Effective Date, ordinary wear and tear excepted. Seller 262 shag, upon reasonable notice, provide utilities service and access to the Property for appraisal and inspections, Including a walk-through prior to Closing, to 263 confirm that all Items of Personal Property are on the Real Property and, subject to the foregoting, that all required repairs and replacements have been made, 264 and that the Properly has been maintained as required by this Standard. All repairs and replacements shall be completed In a good and workmanlike manner, 265 In accordance with all requirements of law, and shall consist of materials or items of quality, value, capacity and performance comparable to, or better than, 256 that existing as of the Effective Date. Seger will assign all assignable repair and treatment contracts and warranties to Buyer at Closing. 267 Y. 1031 EXCHANGE: If either Seller or Buyer wish to enter into a like -kind exchange (either simultaneous with Closing or deferred) with respect to the Property 268 under Section 1031 of the Internal Revenue Code ("Exchangel, the other party shalt cooperate in all reasonable respects to effectuate the Exchange, indud- 269 ing the execution of documents; provided (1) the cooperating party shall incur no liability or expense related to the Exchange and (2) the Closing shall not be 270 contingent upon, nor extended or delayed by, such Exchange. FARBAR-7s Rev. 7/04 02004 Fkxida Association of REALToW and The Florida Bar Ali Rights Reserved Page 4 of 4 102 of 155 IPPROFESSIONAL TITLE OF INDIAN RIVER, INC. 1546 N. U.S. Hwy. #1 • Sebastian, Florida 32958 PH: 772-589-3231- FX: 772-589-3233 Estimate Worksheet Date: Property Address: Purchase Price: Loan Amount: Customary Seller's Expenses Owner's Title Policy: c4 L (J Documentary Stamps on Warranty Deed: . V Closing Fee: ��� 00 Statutory Surcharge: Title Search: (L U l Additional Fees: 0 y ` eves 1 4- Customary Buyer's Expenses Lender's Title Policy and Endorsements: Recording Fee: s -so Closing Fee: Documentary Stamps on Mortgage: Intangible Tax on Mortgage: Additional Fees: *The above fees are strictly an estimate. Estimates are subject to change based on changes in purchase price or loan amount, time spent on the file, or additional requirements to close* 103155 AN APPRAISAL REPORT OF THE COMMERCIAL PROPERTY LOCATED AT 190 SEBASTIAN BOULEVARD SEBASTIAN, FLORIDA 32958 APPRAISAL # 43447 104 0 .55 ARMFIELD-WAGNER APPRAISAL & RESEARCH, INC. PETER D. ARMFIELD, MAI CERT GEN RZ524 RICHARD L. WAGNER, MAI CERT GEN RZ608 DANIEL D. FULLER, MAI CERT GEN RZ567 March 4, 2015 City of Sebastian cl Mr. Joe Griffin City Manager 1225 Main Street Sebastian, Florida 32958 Dear Mr. Griffin: 1940 10TH AVENUE, P.O. BOX 791 VERO BEACH, FLORIDA 32960 TELEPHONE (772) 562-0532 FAX (772) 778-1121 Appraisal #43447 As requested, we have made a drive-by inspection of the commercial property located at 190 Sebastian Boulevard, in the City of Sebastian, Florida. This is for the purpose of providing you with our opinion of the Market Value of the fee simple estate to this property, as of February 27, 2015. The appraisal is provided to you in an Appraisal Report format. The appraisal complies with the reporting requirements set forth under Standards Rule 2-2(a) of the 2014-2015 Uniform Standards of Professional Appraisal Practice (USPAP) for an Appraisal Report. The property is physically described in the following appraisal report, which explains the analysis of data upon which our opinion of value is based. The opinions expressed in this report and the value conclusion reported below are subject to the limiting conditions and extraordinary assumptions on pages 1 thru 3. The subject property consists of a commercial parcel located along the north side of Sebastian Boulevard between Wimbrow Drive and Louisiana Avenue, in the City of Sebastian, Florida. The property has an interior site location along the north side of the eastbound leg of Sebastian Boulevard. The subject property is located adjacent to the south of the City of Sebastian public works facility. The site is currently improved with an older single family residence that appears to be in marginal condition. It has not been inspected, but is not estimated to contribute any additional value to the subject site, in our opinion. The subject site has an irregular shape with 90 ± feet of frontage along Sebastian Boulevard. There is 103.50 ± feet of depth along the east property line and 156.82 ± feet along the west property line. The north, or rear property line is indicated at 113 ± feet in length. Total site area, per the Indian River County Property Appraisers records is indicated at 12,830 square feet, or .29 acres. The above dimensions and site areas are subject to confirmation by current survey. Zoning of the subject property CG, General Commercial. 105 of 155 City of Sebastian cl Mr. Joe Griffin City Manager March 4, 2015 Page Two Appraisal #43447 As discussed, the subject building improvements have not been inspected and no contact has been made with the subject owner. The appraisal is subject to a complete inspection of the subject property appraised and discussions with the subject owner concerning the current use and condition of the subject property improvements. Our opinion of the Market Value of fee simple estate of the subject property utilized the Sales Comparison Approach. We considered comparable sales of commercial sites in the subject neighborhood and other areas of the City of Sebastian and surrounding Indian River County. Based on the analyses presented in this appraisal report, it is our opinion that the Market Value of the fee simple estate to the real property appraised herein, as of February 27, 2015, is as follows: FIFTY THOUSAND DOLLARS ($50,000) The above Market Value conclusion has conditions and assumptions that are assumed to be correct, as discussed in the appraisal report. It should be noted that if some or all of these conditions or assumptions are not correct, it could affect our opinion of the Market Value, as provided herein. We believe the appraisal report to be complete, but any questions you may have are welcomed. Sincerely, Daniel A. Nelson State -Certified General Real Estate Appraiser RZ897 Peter D. Armfield, MAI State -Certified General Real Estate Appraiser RZ524 106 of 155 TABLE OF CONTENTS LIMITING CONDITIONS AND UNDERLYING ASSUMPTIONS ..................... 1 EXTRAORDINARY ASSUMPTIONS ......................................... 2 SUMMARY OF APPRAISAL ................................................ 4 INTRODUCTORY COMMENTS ............................................. 5 SCOPE OF WORK ....................................................... 6 OWNER OF PROPERTY AND SALES HISTORY ............................... 7 LEGAL DESCRIPTION.................................................... 8 LOCATION MAP ......................................................... 9 SUBJECT PHOTOGRAPHS ............................................... 10 NEIGHBORHOOD...................................................... 13 ZONING.............................................................. 17 CONCURRENCY....................................................... 18 UTILITIES............................................................. 18 TAX INFORMATION..................................................... 19 SITE DESCRIPTION.................................................... 20 PLAT MAP............................................................ 21 AERIAL MAP .......................................................... 22 FLOOD ZONE.........................................................23 CENSUS TRACT ....................................................... 23 HIGHEST AND BEST USE ................................................ 24 VALUATION PROCESS .................................................. 26 SALES COMPARISON APPROACH ........................................ 27 LAND SALE #1- #5 ................................................... 29-37 LAND SALES SUMMARY AND ADJUSTMENT GRID ........................... 39 LAND SALES LOCATION MAP ........................ I ................... 40 MARKETING TIME ...................................................... 42 REASONABLE EXPOSURE TIME .......................................... 42 CERTIFICATE OF APPRAISAL ............................................ 43 QUALIFICATIONS OF THE APPRAISER .................................... 45 APPRAISAL LICENSES .................................................. 48 107 of 155 1 LIMITING CONDITIONS AND UNDERLYING ASSUMPTIONS 1. The value given in this appraisal report represents the opinion of the signer as to the Value AS OF THE DATE SPECIFIED. Values of real estate are affected by an enormous variety of forces and conditions will vary with future conditions, sometimes sharply within a short time. Responsible ownership and competent management are assumed. 2. No responsibility is assumed for the legal description or for matters including legal or title considerations. Title to the property is assumed to be good and marketable unless otherwise stated. 3. The property is appraised free and clear of any or all liens or encumbrances unless otherwise stated. 4. The information furnished by others is believed to be reliable. No warranty, however, is given for its accuracy. 5. All engineering is assumed to be correct. The plot plans and illustrative material in this report are included only to assist the reader in visualizing the property. 6. it is assumed that there are no hidden or apparent conditions of the property, subsoil, or structures that render it more or less valuable. No responsibility is assumed for such conditions or for arranging for engineering studies that may be required to discover them. 7. It is assumed that there is full compliance with all applicable federal, state, and local environmental regulations and laws unless noncompliance is stated, defined, and considered in the appraisal report. 8. It is assumed that all applicable zoning and use regulations and restrictions have been complied with, unless a nonconformity has been stated, defined, and considered in the appraisal report. 9. It is assumed that all required licenses, certificates of occupancy, consents, or other legislative or administrative authority from any local, state, or national government or private entity or organization have been or can be obtained or renewed for any use on which the value estimate contained in this report is based. 10. It is assumed that the utilization of the land and improvements is within the boundaries of property lines of the property described and that there is no encroachment or trespass unless noted in the report. 11. The distribution, if any, of the total valuation in this report between land and improvements applies only under the stated program of utilization. The separate allocations for land and buildings must not be used in conjunction with any other appraisal and are invalid if so used. 12. Possession of this report, or a copy thereof, does not carry with it the right of publication. It may not be used for any purpose by any person other than the party to whom it is addressed without the written consent of the appraiser, and in any event only with proper written qualification and only in its entirety. 108 of 155 2 LIMITING CONDITIONS AND UNDERLYING ASSUMPTIONS (continued) 13. The appraiser herein by reason of this appraisal is not required to give further consultation, testimony, or be in attendance in court with reference to the property in question unless arrangements have been previously made. 14. Neither all nor any part of the contents of this report especially any conclusions as to value, the identity of the appraiser, or the firm with which the appraiser is connected or any reference to the Appraisal Institute, or the MAI or SRA designations shall be disseminated to the public through advertising, public relations, news, sales, or other media without prior written consent and approval of the appraiser. 15. Unless otherwise stated in this report, the existence of hazardous material, which may or may not be present on the property, was not observed by the appraiser. The appraiser has no knowledge of the existence of such materials on or in the property. The appraiser, however, is not qualified to detect such substances. The presence of substances such as asbestos, urea -formaldehyde foam insulation, or other potentially hazardous materials may affect the value of the property. The value estimate is predicated on the assumption that there is no such material on or in the property that would cause a loss in value. No responsibility is assumed for any such conditions, or for any expertise or engineering knowledge required to discover them. 16. The Contract for the appraisal of said premises is fulfilled by the signer hereto upon the delivery of this report duly executed. 17. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency and has noted in the appraisal report whether the subject site is located in an identified Special Flood Hazard Area. Because the appraiser is not a surveyor, he makes no guarantees, express or implied, regarding this determination. 18. The Americans with Disabilities Act (ADA) became effective January 26, 1992. We have not made a specific compliance survey and analysis of this property to determine whether or not it is in conformity with the various detailed requirements of the ADA. It is possible that a compliance survey of the property, together with a detailed analysis of the requirements of the ADA, could reveal that the property is not in compliance with one or more of the requirements of the act. If so, this fact could have a negative effect upon the value of the property. Since we have no direct evidence relating to this issue, we did not consider possible noncompliance with the requirements of ADA in estimating the value of the property. EXTRAORDINARY ASSUMPTIONS Extraordinary assumptions are specific assumptions about the subject property being appraised regarding characteristics of the property that are subject to some uncertainty. Should such assumptions be found to be false, the appraisers' conclusions or opinions could be altered. 109 of 155 EXTRAORDINARY ASSUMPTIONS (continued) 1. Based on evidence from nearby properties and from utilities authorities, the subject property is being appraised as if utilities are available to the site sufficient in capacity to support the Highest and Best Use, at costs that are typical to competing properties. Due to typical uncertainties of engineering and supplying entities, this appraisal is based on the assumption that utilities do not limit the future development of the subject property, and that costs to connect to utilities are typical for these types of properties. 2. It is assumed that the subject property does not have any adverse site factors, such as fuel, oil, or other soil or environmental conditions, that are hazardous to the subject property. Inspection of the subject site was limited to the adjacent roadway and review of the county plat and aerial maps, as only a drive-by inspection has been made. 3. The subject property is an irregular shaped commercial site located along the north side of Sebastian Boulevard. The site is estimated to have 90 ± feet of frontage along Sebastian Boulevard, 103.50 ± feet of depth along the east property line and 156.82 ±feet along the west property line. The north, or rear property line is indicated at 113 ± feet in length. Total site area, per the Indian River County Property Appraisers records is indicated at 12,830 square feet, or .29 acres. The above dimensions and site areas are subject to confirmation by current survey, along with the Legal Description used. 4. The subject property was physically inspected (drive-by exterior inspection only) by Daniel A. Nelson on February 27, 2015. The Indian River County Property Appraiser records are utilized in providing physical information on the subject property. The appraisal is subject to a complete inspection of the subject property appraised and discussions with the subject owner concerning the current use and condition of the subject property improvements. No deduction has been made for demolition and removal of the existing residence. 5. No contact has been made with the subject owner. No asking price, offers to purchase or contracts are known on the subject property, but again the subject owner has not been contacted to verify this information. 110 of 155 4 SUMMARY OF APPRAISAL Property Type: Commercial Property Address: 190 Sebastian Boulevard Sebastian, Florida 32958 Effective Date of Appraisal: February 27, 2015 Date of Inspection: February 27, 2015 - Drive-by only Date of Report Preparation: February 27 - March 4, 2015 Date of Appraisal Report: March 4, 2015 Inspected by: Daniel A. Nelson (Drive-by exterior inspection only) Property Rights Appraised: Fee Simple Estate Purpose of the Appraisal: Provide our opinion of the Market Value of subject property, "As Is". Intended Use of Appraisal: To assist client and intended users in making asset decisions on the subject property. Intended User of the Appraisal: City of Sebastian. Appraisal complies with the 2014 - 2015 Uniform Standards of Professional Appraisal Practice (USPAP): Yes, Appraisal Report. Zoning: CLUP: CG, General Commercial C, Commercial Site Area: 12,830 ± SF (0.29 ± acres) Frontage: 90 ± feet - Sebastian Boulevard Average Depth: 130 + feet Highest and Best Use: (As if Vacant) Future development with a commercial use or assemblage with adjacent properties. Currently hold as vacant with the soft market conditions. (See Report). Opinion of Market Value: (Fee Simple Estate) $50,000 - 12 Month Marketing Period 111 of 155 5 INTRODUCTORY COMMENTS PURPOSE OF THE APPRAISAL AND RIGHTS APPRAISED The purpose of this appraisal is to provide our opinion of the Market Value of the Fee Simple Estate in the real property described herein, "As Is", as of February 27, 2015. The appraisal is provided in an Appraisal Report format. MARKET VALUE DEFINED Market value is the major focus of most real property appraisal assignments. Both economic and legal definitions of market value have been developed and refined. A current economic definition agreed upon by federal financial institutions in the United States of America is: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1. Buyer and seller are typically motivated. 2. Both parties are well informed or well advised, and acting in what they consider their own best interest. 3. A reasonable time is allowed for exposure in the open market. 4. Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and 5. The price represents a normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. SOURCE: Uniform Standards of Professional Practice of the Appraisal Foundation; and Office of Thrift Supervision Regulation 12 CFR 564.2(f); and the Office of Comptroller of the Currency. DEFINITION OF FEE SIMPLE ESTATE Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat. SOURCE - Taken from The Dictionary of Real Estate Aograisal Fifth Edition, sponsored by the Appraisal Institute, 2010 page 78. 112 of 155 REAL PROPERTY DEFINED All interests, benefits, and rights inherent in the ownership of physical real estate. Source - Taken from The Dictionary of Real Estate Aor)raisal Fifth Edition, sponsored by the Appraisal Institute, 2010 page 161. Intended Use of Appraisal: To assist client and intended users in making asset decisions on the subject property. Intended User of the Appraisal: City of Sebastian. SCOPE OF WORK The Scope of Work is defined as the type and extent of research and analyses in an assignment. Source - Taken from 2014 Uniform Standards of Aooraisal Practice (US PAP), prepared by the Appraisal Standards Board (ASB) for The Appraisal Foundation, Effective January 1, 2014, Page U-13. The three main points of the Scope of Work are as follows: 1) Identify the problem to be solved. 2) Determine and perform the scope of work necessary to develop credible assignment results. 3) Disclose the scope of work in the report. The subject property consists of a commercial parcel located at 190 Sebastian Boulevard, in the City of Sebastian, Florida. The subject property has an interior site location along the north side of the eastbound leg of Sebastian Boulevard, between Wimbrow Drive and Louisiana Avenue. The property is located adjacent to the south of the City of Sebastian public works facility and is currently improved with an older single family residence that appears to be in marginal condition. It has not been inspected, but is not estimated to contribute any additional value to the subject site, in our opinion. The subject site has an irregular shape with 90 ± feet of frontage along Sebastian Boulevard. There is 103.50 ± feet of depth along the east property line and 156.82 f feet along the west property line. The north, or rear property line is indicated at 113 + feet in length. Total site area, per the Indian River County Property Appraisers records is indicated at 12,830 square feet, or .29 acres. The above dimensions and site areas are subject to confirmation by current survey. Zoning of the subject property CG, General Commercial. 113 of 155 The subject property was physically inspected (drive-by exterior inspection only) by Daniel A. Nelson on February 23, 2015. Property photographs have been taken from Sebastian Boulevard and the adjacent property to the north, as provided in the appraisal report. However, the subject building improvements have not been inspected and no contact has been made with the subject owner. The appraisal is subject to a complete inspection of the subject property appraised and discussions with the subject owner concerning the current use and condition of the subject property improvements. We observed neighborhood supply and demand factors, use patterns, along with maintenance levels. We also considered the supply and demand for similar types of properties throughout the community. A search was made throughout the City of Sebastian and surrounding Indian River County area for comparable sales of commercial properties that are then investigated and analyzed to utilize in the valuation analysis of the subject property. The appraisal is provided in an Appraisal Report format. The appraisal complies with the reporting requirements set forth under Standards Rule 2-2(a) of the 2014-2015 Uniform Standards of Professional Appraisal Practice (USPAP) for an Appraisal Report. The appraisal report is also designed and prepared to be fully compliant with FIRREA and USPAP and its intended use by the client. The data gathered is limited in area to the real estate market in Indian River County. Primary focus is on data available from within the area described as the subject's neighborhood, or from other neighborhoods felt to be competing, or servicing similar market segments in Indian River County. Data sources for sales include public recording of real estate sales transferred by warranty deed via data sources used in the appraisers office. These sources include the Indian River County Board of Realtors Multiple Listing Service (MLS), County Property Appraiser, and Clerk of the Court. Also, general knowledge of sales that are publicized in the news media, or that are made known by real estate market participants, including brokers, bankers, buyers, sellers and attorneys are used. Data is gathered and analyzed to interpret trends of the market participants. The analyzed data is then applied to the subject property for a value indication. OWNER OF PROPERTY AND SALES HISTORY Owner of Property: Edward R. And Ida L. Offerding (Per 2014 Tax Rolls) Based on the public records reviewed by the appraisers, there has not been a sale of the subject property within the past three years. The subject property has been under the same ownership for many years. The subject property does not appear to be currently listed for sale. However, no contact has been made with the subject owner to verify any listing, offers, or contracts to purchase. 114 of 155 LEGAL DESCRIPTION From the N.E.'corner of the N.W. 1/4 of Section 7, Township 31' South, Range 39 East, run west along the north boundary of said Section 7,-a distance of 300.4 Et. to the Point of Beginning; thence run south 146_.55.ft. to the center line of State Road 512; thence Arun southwesterly along the center line of said State Road 512 a distance of 90 €t.; thence run northwesterly to a point on the north line of said Section 7, which point is 113 ft. west of Point of Beginning;.thence•run east on the north line of said Section 7, to the Point of Beginning.. Said land .lying and being in Indian River County, Florida. Less R/W for State Road f512. SOURCE: Obtained from the prior warranty deed on the subject property in OR Book 530, at page 1521. The above Legal Description for the subject property is subject to confirmation by current survey. Please See Extraordinary Assumption #3. A location map of the subject property is shown on the next page, followed by property photographs. 115 of 155 O1� N SUMMER 5T ASH ST O POINCIANA 5T COI F TPR WAVF ET w '° VAI( St ''''y �1,q, 'riZ, of •,,4'-�, n {pn - _ _. 15 lµYtnu CA�'t'�• a F `7' `�• 1(y,T 1n HARBOR POINT y�, -''- ? ��� tOLEUO 51 OR ? "F � Citi !+ F OELMAR ST W3 9Ofl `y GtENCOVE 51 GLENCOVC ST Rp In to 3dypV� T-1:1", BARKCR �O ' 5T LAW`SON ST m -L �y6 '•. CAIN ST ' 4 :l CR VIN ST' rI •=f 1`, 'IYVH 4�r cf .51 f ,�.�♦ C . r� AJ BRAVUOCK S7 M1Y ; TA MIx.Y{I ST •drr:l.rn•r,r.r�r rl.I T 2 A 4 '4y SHITII ST V1. r ra : n A..Nf -.T IOVIWAM ST In rd qp.T 'rnS, 1% oJi �'=',r9N��9 BENCIIQR 5T P A •+tr 1r,-; T •.r 1, r.i f• .7 nn�n ;T HERNOON ST C �. �O,P.Ifelf _• 5Cp50UI7-.1 1'r '1 .1 BENSr{fOPST 41 ` n l HIm,; ,3 tLEogjNG ST O BANYAN 5t N FIG ST A d(` ui A06L.It MAPLE ST ;En N SUMMER 5T ASH ST O POINCIANA 5T p9 N%l WAVF ET w '° VAI( St COCONUT 5T �1,q, 'riZ, of jd A•A CROWN 5T 'ti��� NOAH ST PINE ST r5. pF( "- EASY SN n,A ROYAL PALKST EASY ST F `7' `�• 1(y,T 1n HARBOR POINT y�, -''- ? ��� tOLEUO 51 OR ? "F � Citi !+ F OELMAR ST W3 9Ofl n n • COLUMBUS ST Rp m to 3dypV� In �i ARETA ST rl b _ m v �'JhV IELFt yp A314VflA,rAA Sr,�.i1tL L�,dH sE4SY 148,41111, p b c ,,I 'A I� I 0.. rA r w a e l•L ' hI�T�55* ft " rd m x of I C O .eF. Q' IA 1S 550I!'.1 SNL Ile, T� l�yto IN r TA On A45PEN ST is ASU8EIRY BLV, = VNOBLE ST riT n F31 p OALBOA ST ARBOR ST MANIAS VR n n �. f to 3dypV� In � F�✓. LANAI. Clit yp A314VflA,rAA Sr,�.i1tL 0.. rA r w a e l•L ' hI�T�55* ft " rd m x of I C O .eF. Q' IA 1S 550I!'.1 SNL Ile, T� l�yto IN r 10 SUBJECT PHOTOGRAPHS - TAKEN FEBRUARY 27, 2015 NORTHERLY VIEW ACROSS SEBASTIAN BOULEVARD OF SUBJECT PROPERTY LOCATED AT 190 SEBASTIAN BOULEVARD. NORTHERLY FRONT VIEW OF OLDER SINGLE FAMILY RESIDENCE LOCATED ON SUBJECT PROPERTY. 117 of 155 ii EASTERLY VIEW ALONG SEBASTIAN BOULEVARD EASTBOUND FROM ADJACENT TO SUBJECT PROPERTY ON LEFT. WESTERLY VIEW ALONG SEBASTIAN BOULEVARD FROM ADJACENT TO SUBJECT PROPERTY ON RIGHT. 118 of 155 &0T_ SOUTHERLY VIEW OF THE NOR'T'HERN EDGE OF SUBJECT PROPERTY FROM ADJACENT CITY PARCEL TO THE NORTH. 12 119 of 155 13 CITY OF SEBASTIAN 1 INDIAN RIVER COUNTY AREA DATA The subject property is located in the City of Sebastian, in northern Indian River County, Florida. Area data information for the City of Sebastian and Indian River County are retained in our office files as it is assumed that the intended users of this appraisal report are familiar with this information. NEIGHBORHOOD A neighborhood may be defined as follows: A group of complementary land uses; a congruous grouping of inhabitants, buildings, or business enterprises. Source - Taken from The Dictionary of Real Estate Appraisal Fifth Edition, sponsored by the Appraisal Institute, 2010 page 133. The subject property is located in the eastern portion of a commercial strip neighborhood within the City of Sebastian, extending along Sebastian Boulevard (County Road 512) between the FEC Railroad Tracks and the western edge of the City of Sebastian, just west of County Road 510. The commercial neighborhood is primarily limited to the south side of this arterial which has been widened to four lanes, consisting of two east/west lanes and a grassed median strip. There are some commercial zoning and uses along the north side of Sebastian Boulevard at the western edge, along with the eastern portion where the subject property is located. Sebastian Boulevard is also known as County Road 512 and was previously named Fellsmere Road. It provides access to U.S. #1 to the east and County Road 510 to the west, as well as 1-95 further west. This divided four lane roadway is the primary arterial for access to the Sebastian Highlands residential communities to the north and south. The eastern portion of this roadway is split into the Twin Pairs alignment providing separated one way roadways, each containing two lanes. The Twin Pairs northern westbound roadway was completed about 15 ± years ago. The subject property is located along the eastbound roadway. The commercial neighborhood is approximately 50% built-up with primarily smaller single occupant and small strip centers (2 to 8 bays each). Most of these strip centers consist of small rental investment properties along with some office condominiums. Other commercial development includes the Chesser's Gap Shopping Center and the Sebastian Lakes Winn Dixie, adjacent Walgreens, and two bank buildings. In the eastern portion of the neighborhood, there are industrial and warehouse industrial uses just west of the FEC Railroad and U.S. #1, along with the City of Sebastian Public Works facility, American Legion, and VFW. The subject property is located in this portion of the neighborhood, along with the north side of the one way eastbound leg of Sebastian Boulevard. 120 of 155 14 The Chesser's Gap Shopping Center was built around 25 to 30 years ago and originally contained a Food Lion grocery store, Eckerd Drugs and associated smaller spaces. Many of these tenants have since vacated, including Food Lion (then Kash N Karry) and the shopping center was eventually sold. It then contained a large appliance store, named Appliance Direct, Family Dollar and smaller retail tenants, but now has more vacancy. There is a Bank of America branch on the corner and an Elks Lodge on an adjacent interior parcel. A funeral home was built south of the Elks Lodge, and an Exxon service station and convenience store were then completed on the corner parcel, across from the bank branch. The service station is presently closed. The Sebastian Lakes Winn Dixie store was completed about 15 to 20 years ago along the south side of County Road 512, adjacent to the east of the Roseland Road extension. The shopping center also included a Movie Gallery video store, since closed. An out -parcel to the east contains a PNC Bank branch. At the southwest corner of County Road 512 and Roseland Road, are a Walgreens drug store and Seacoast National Bank branch. Just west of these improvements is the North Indian River County Library, followed by Sebastian Lakes units and additional residential development. Thus, the Sebastian Highlands commercial neighborhood consists of the smaller commercial properties along the south side of Fellsmere Road, which are located on from 1 to say 6 individual lots and are typically about 40 feet by 160 feet in size. These improvements vary in age from new to 35 years and are generally of fair to average quality construction. The commercial strip along County Road 512 has had some new commercial investment development over the last 10 to 15 years, including two strip centers (A.R.T. Plaza and Tall Tree Plaza), just west of Barber Street. An Italian American club facility was also built around this same time along the south side of CR 512, just east of Barber Street. Some new owner occupied commercial improvements have also been constructed for an appliance repair business, as well as a dental office. A car wash was also completed over the last 15 years, along with two new medical office buildings and one real estate office. Further, a new Cumberland Farms convenience store and service station was recently built at the southwest corner of Sebastian Boulevard and Barber Street. The first, second and third phases of the 512 Commerce Center have been completed adjacent to the northeast of the Chesser's Gap shopping center. The first phase included a front office building and two office/warehouse buildings. Additional front office buildings were then constructed in the second phase, along with additional building and site improvements in phase three, as well as some mini -storage space. Total overall gross building area is about 130,000 to 135,000 square feet. Lease -up had been good at this project, but has been experiencing additional vacancy with the soft demand for commercial space over the last several years. 121 of 155 is There are also some commercial strip centers and office buildings east of the 512 Commerce Center, including the 661 Sebastian Center, 512 Plaza, Complete Electric, and the Sebastian Professional Center. Other buildings include Shadetree Plaza, Humane Society, Animal Hospital, Maytag (now Granite Environmental), Dr. Guitterez, and Sebastian Gym & Fitness. Property uses within the eastern portion of the neighborhood consist of trades warehouse buildings, oriented toward the construction industry, auto repair businesses, boat and marine sales, as well as storage warehouse buildings. The improvements range in age, from about 1 to 25 years, and are generally of fair to average quality construction. There had been increased light industrial development during 2003 to 2006, both with trade warehouse and storage uses. These newer improvements typically are designed as secondary industrial, without any commercial exposure. However, demand has been weak with the slowdown in the residential home construction and soft commercial/industrial real estate market. The western portion of the subject neighborhood has experienced commercial development around the corner of County Road 512 (Sebastian Boulevard) and County Road 510. This originally included the Shark Mart service station and convenience store, followed by a Publix anchored shopping center (The Shoppes of Sebastian) and additional retail space. The service station is around 15 years in age, with the shopping center built over the last 5 to 10 years. Lease -up has generally been good, although some vacancy is now apparent. A small commercial park was developed around the recently renovated service station and convenience store at the northwest corner of Sebastian Boulevard and County Road 510. The convenience store has a renovated Sunoco and convenience store, along with a Burger King restaurant to the west. The Sebastian Crossings Commercial development is located along the north side of Sebastian Boulevard, west of Sebastian Crossings Boulevard and south of the newer Sebastian Crossings residential subdivision. This commercial park has four sites, three of which have been sold. However, to date only an Advance Auto Parts store and a Dollar General have been constructed, both completed over the last few years. A planned bank branch and self -storage facility have never been built. Occupancy throughout the neighborhood had been less than optimally desired, but had been improving over recent years, although now less than ideal. Current inspection of the neighborhood indicated some vacancy at most properties. There is typically some vacancy in the Chesser's Gap shopping center, as this property has struggled over the last 15 years. Rental rates in the neighborhood are generally in the $8.00 to $15.00 per square foot range, except for some older commercial buildings that have $6.00 to $9.00 per square foot rental rates. Rental rates have been decreasing over the last few years, but appear to be stabilizing and possibly even improving somewhat over the last approximate couple years. New commercial development has been slower over the last several years with the soft market conditions. The Sebastian Professional Center was developed with condominium units, primarily medically oriented. There are several dentists leasing space in these buildings, but only one unit has sold. A new commercial/warehouse building for a Sherwin Williams paint store was completed about 5 years ago. Otherwise, there has been little new construction of in the subject commercial strip over the last approximate 5 to 6 years. 122 of 155 16 However, O'Reilly Automotive purchased a commercial site in October, 2013 adjacent to the south of Sherwin Williams, at the northeast corner of Sebastian Boulevard and S. Wimbrow Drive. The other two commercial sites in this commercial park remain vacant and listed for sale. Commercial land values had increased dramatically over the period from say 2004 thru 2006, from $4.00 to $8.00 to square feet, then up to around $10.00 to $15.00 per square foot, with asking prices above $20.00 per square foot. These are for the smaller commercial sites along the south side of Sebastian Boulevard. However, since 2008 commercial land values have declined significantly, but there are few recent sales for comparison purposes. The most recent commercial land sales in the Sebastian Highlands commercial neighborhood are around $2.50 to $3.50 per square foot. However, both the Sherwin Williams and O'Reilly Auto Parts commercial sites sold much higher at around $12.00 to $15.00 per square foot, though consisting of corner locations with common drainage retention available. A mini -storage warehouse development (Acorn Mini -Storage) was built in phases over the last 15 to 20 years in the eastern portion of the neighborhood. This mini -warehouse now contains a total of about 100,000 square feet and has a mixture of both climate controlled and non - climate controlled storage units. Lease -up has been strong as the project has been developed in phases. Typically occupancy is around 85% to 95%, although it has reportedly declined with the soft economy. Further, there is additional supply with the continued expansion at this property, as well as the Fischer Mini -Storage along U.S. #1 to the east and Sebastian Storage, at the 512 Commerce Center. Residential construction had been slow from around 2007 thru 2012, but increasing over the last couple years. The outlook for the future is felt to be continued growth in the Sebastian area, in both residential and commercial uses. The large Sebastian Highlands community contains about 13,000 single family lots and is around 50% developed overall. Home prices have stabilized and increased somewhat over the last few years, but remain substantially below the peak levels witnessed in say 2004 thru 2006. Sebastian River Landing consists of an approximate 8 to 10 year old single family subdivision located along the south side of Sebastian Boulevard, east of County Road 510 and west of Sebastian Highlands. Sebastian Crossings is another single family subdivision development, located north of Sebastian Boulevard and northwest of County Road 510. Sebastian Crossings consists of a 137 lot development that was completed in 2005. Initially, sales pace was good, but the residential market then struggled. Demand for single family lots and new homes has been improving over the last couple years, with much recent construction by DR Horton over the last year or two. The home prices are typically in the range of about $150,000 to $225,000. Vero Lake Estates is located to the west of County Road 510, south of Sebastian Boulevard. This neighborhood contains lower priced lots along dirt roadways, but also experienced much new home construction during the boom years from 2004 thru 2006. The City of Fellsmere is located west of 1-95, but also providing some neighborhood support, due to the lack of commercial uses in Fellsmere. 123 of 155 17 The long term outlook for the subject neighborhood and surrounding Sebastian area is continued growth in both residential and commercial uses. Adequate schools are available, including Sebastian River High School, Sebastian River Middle School, two elementary schools, along with the newer Treasure Coast elementary school. Further, the north county park and aquatic center is located along the north side of County Road 512 (Sebastian Boulevard), just west of subject neighborhood and Sebastian River Middle School. The subject neighborhood and subject property are primarily oriented towards the Sebastian Highlands residential uses, along with Vero Lake Estates, in terms of demand and uses. The subject property is located in the eastern portion of the neighborhood along the eastbound leg of Sebastian Boulevard. The subject property should participate in overall neighborhood trends and growth factors, in our opinion. ZONING Zoning of the subject property is CG, Commercial General, under the guidelines of the City of Sebastian. The CLUP for the City of Sebastian supports the current zoning with a CG, Commercial General land use designation. The CG, General Commercial zoning allows a wide variety of commercial uses, including commercial retail, service stations, hotels and motels, restaurants, business and professional offices, etc. Size and dimension criteria within the CG zoning districts is as follows: Minimum Lot Size: 10,000 SF Minimum Width: 75 feet Minimum Depth: 125 feet Minimum Setbacks: Front Yard: None Side Yard: 5 feet Rear Yard: 10 feet Maximum FAR: 60% Maximum Building Height: 35 Feet Maximum Building Coverage: 30% Minimum Open Space: 20% Maximum Impervious Surface: 80% Parking Requirements: Retail Stores: 1 space per 150 SF for buildings less than 5,000 SF, then 1 space per 200 SF for buildings between 5,000 and 10,000 SF, then 1 space per 250 SF for buildings larger than 10,000 SF 124 of 155 F1l Office: 1 space per 200 SF Warehouse: 1 space per 1,000 SF up to 10,000 SF and 1 space per 2,000 SF for any additional building area. Mini -Storage: 1 space per 100 units & 3 spaces. Parking requirements vary with the proposed use. Development of the subject property will require both site plan approval and building approvals from the City of Sebastian. Currently, the subject property consists of a commercial site that contains an older single family residence, but not estimated to contribute any value. CONCURRENCY Concurrency is a provision adopted in the Florida's Local Government Comprehensive Planning and Land Use Development Regulation Act in 1985. Concurrence is a requirement for public facilities and services to be available (concurrent) with the impacts of development. These facilities and services include traffic and transportation facilities, sewage collection facilities, potable water facilities, drainage, park and recreation facilities, etc. Typically, concurrence is most applicable in roads and traffic capacity, but any of the other items can also impact development. If a project is proposed, its impact must not exceed the capacity levels of current infrastructure, or the plan must propose the expansion of the infrastructure and the source of funds required to construct these improvements. A valid certificate of concurrence must be obtained prior to approval of development order. This is an extensive study that is not within the scope of our appraisal. We have not reviewed concurrence issues, as relates to development of the subject property, as this was beyond the scope of this appraisal assignment. However, there are no known concurrence issues that would prohibit development of the subject property, at the present time. UTILITIES Utilities available to be provided to the subject site are as follows: Electricity: Florida Power & Light Company Water. Indian River County Sewer: Indian River County " Telephone: AT & T Trash: Private Carrier According to the Indian River County Utility maps reviewed, it is appears that both county water and sewer service are located along Sebastian Boulevard adjacent to the subject property. It is unknown if the subject property is connected to these services. 125 of 155 19 Costs of line extensions, hookups and metering, as well as impact fees are typically the responsibility of the property owner. Based on evidence from nearby properties and from utilities authorities, the subject property is being appraised as if utilities are available to the site sufficient in capacity to support the Highest and Best Use at costs that are typical to competing properties. See Extraordinary Assumption #1. TAX INFORMATION The taxing authority is Indian River County. Taxes are based on Just Values that are calculated by the Indian River County Property Appraiser and on milage as set by the Tax Collector using various taxing districts' approved budgets. Taxes are assessed in arrears based on valuations as of January 1 st of the tax year. Tax bills are sent out in November and become payable January 1 st of the new year. The 2014 Indian River County Tax Roll reports the following information for the subject property. Tax Parcel Number Assessed Value 2014 Taxes Size 07-31-39-00000-3000-00006.0 $ 42,480 $ 898 0.29 Acres The subject site is indicated to contain a total of 0.29 acres per the Indian River County Property Appraisers Records. These records indicate that the subject property contains 12,830 square feet. The subject assessed value includes $30,790 for the subject land and $11,690 for the building improvements. The subject assessed value is considered reasonable, although we have not included any additional value for the subject improvements. Per the Indian River County tax collector web site, there no delinquent taxes indicated on the subject property. Florida's Constitution requires all property to be appraised at Just Value. While this concept is not adequately defined in the Constitution nor in Florida Statutes, numerous court decisions have held that it approximates Market Value as defined herein, less normal seller expenses of sale, estimated at fifteen percent (15%). While this represents the level of the property appraiser, it has been found that assessments produced by mass appraisal techniques vary considerably and are not good indicators of Market Value. 126 of 155 20 SITE DESCRIPTION The subject property consists of a commercial parcel located along the north side of Sebastian Boulevard between Wimbrow Drive and Louisiana Avenue, in the City of Sebastian, Florida. The subject property has an interior site location along the north side of the eastbound leg of Sebastian Boulevard, at 190 Sebastian Boulevard. The subject property is located adjacent to the south of the City of Sebastian public works facility. The subject site has an irregular shape with 90 ± feet of frontage along Sebastian Boulevard. There is 103.50 ± feet of depth along the east property line and 156.82 ± feet along the west property line. The north, or rear property line is indicated at 113 ± feet in length. Total site area, per the Indian River County Property Appraisers records is indicated at 12,830 square feet, or .29 acres. The above dimensions and site areas are subject to confirmation by current survey. See Extraordinary Assumption #1. The subject site appears level and cleared in the front and center portion of the site, with the perimeter areas having vegetation. The entire site is assumed to consist of developable site area with no wetlands or adverse site conditions. The subject site is currently improved with an older single family residence that appears to be in marginal condition. The residence has not been inspected, but is not estimated to contribute any additional value to the subject site. Access to the subject property is provided via the eastbound leg of Sebastian Boulevard. Sebastian Boulevard provides access to U.S. #1 to the east and County Road 510 to the west, as well as 1-95 further west. This divided four lane roadway is the primary arterial for access to the Sebastian Highlands residential communities to the north and south. The eastern portion of this roadway is split into the Twin Pairs alignment providing separated one way roadways, each containing two lanes. The Twin Pairs northern westbound roadway was completed about 15 ± years ago. The split design of Sebastian Boulevard begins about 114 mile west of the subject The subject property is located along the eastbound two lane portion of Sebastian Boulevard. Westbound access from U.S. #1 can utilize South Wimbrow Drive for connection between the east and westbound Sebastian Boulevard. Further, traffic exiting the subject property heading west can connect with westbound Sebastian Boulevard via Louisiana Avenue. Access to the subject property is considered adequate for commercial use. Adjacent to the east/northeast of the subject property is a vacant triangular shaped parcel. North of the subject is the City of Sebastian Public Works facility. West of the subject is a drainage retention area reportedly designed and utilized for the adjacent 4 lot Rohm Commercial Park which extends to S. Wimbrow Drive. Three of these lots are vacant, with one improved with Sherwin Williams. South of the subject property is Acorn Mini -Storage, with heavy commercial and light industrial uses to the southeast. Sebastian Highlands is located to the west. A county tax plat map is shown on the next page, followed by a county aerial map. 127 of 155 N x A, w M.!(E SLIPM AIM AYISYRN RJB -11 -,I .a TI 11,-I A a y a r r o a x u FIR;11tLiS ?0Ylb1 nn ■ � i LO 4- 0 00 N J ^ a 66 it new y in4 ■ n w w w a v.: q ■ .q a a v . c r 3AW .N4tA'1M. IIffY.15 • .1 n f R f f �, y�l t_ pp�� f F �* K.k G� � �> a X _ f q dl � Y n ■ f F s � la y a • y n G1 n b 4 (� e Lr' * ■ fj n a ' y r 9 �Sry» �L, o • � J � (a i a a •'� r LO 4- 0 00 N AERIAL MAP 22 2uu " 129 of 155 23 In summary, the subject site consists of a small, irregular shaped parcel, containing a total of approximately 12,830 } square feet. The site consists of an interior site that has 90 + feet of frontage along the north side of the eastbound portion of Sebastian Boulevard. The subject site is small, but still felt to have adequate frontage, size, and depth to support a small independent commercial use. The site is felt conveniently located along Sebastian Boulevard in an area of commercial, light industrial and warehouse uses. There are adjacent roadways connecting between the eastbound and westbound routes of the Sebastian Boulevard Twin Pairs design forwestbound traffic. The subject site is considered adequate for independent commercial use, or in assemblage with adjacent parcels for a larger commercial development. Existing Improvements The subject property is currently improved with an older single family residence, that appears to be in marginal condition. According to the county tax information, this residence was originally constructed in around 1935 and is around 942 square feet in size. Present layout and interior condition are unknown, as the residence was not inspected. Based on our observations, it is not estimated to contribute any additional value to the subject site, in our opinion, Further, no deduction is made for demolition and removal. FLOOD ZONE According to the Federal Emergency Management Agency National Flood Insurance Program Map #12061 C 111 H, revised December 4, 2012, the subject property appears to be located in Flood Zone X. Flood Zone X is an area outside the 100 to 500 year flood zone and flood insurance is not required. CENSUS TRACT The subject is designated as being within Census Tract 508.08, based on 2010 Census Tract Map for Indian River County, Florida. 130 of 155 24 HIGHEST AND BEST USE Property Market Value trends can be analyzed through a study of the forces which drive this market activity. These forces are referred to as supply and demand, substitution, balance and external interference. The term "Highest and Best Use" refers to the optimum use of a property, considering the impact of all of these market forces on a specific property. The value of real property is directly related to the use to which it can be put. A parcel may have several different value levels under alternative uses. The property appraised herein is appraised under its Highest and Best Use, as defined below: "The reasonably probable and legal use of vacant land or an improved property that is physically possible, appropriately supported, financially feasible, and that results in the highest value. The four criteria the highest and best use must meet are legal permissibility, physical possibility, financial feasibility, and maximum productivity." Source: The Dictionary of Real Estate Anoraisal - 5th Edition, sponsored by the Appraisal Institute, 2010, Page 93. In each appraisal of improved property there are two considerations of Highest and Best Use: one for the land considered as though vacant and one for the property as improved. Within each analysis four sets of use constraints are considered: legally permissible, physically possible, economically feasible, and maximally productive. Legally permissible restrictions include private restrictions, zoning, building codes, historic district controls, and environmental regulations. Physically possible uses are determined by the size, shape, area, topography and accessibility of a parcel of land. Included in this analysis are the risk of natural disasters, capacity and availability of public utilities, and the physical components of the improvements. Financial feasibility considers uses that are legally permissible and physically possible, and determines which ones produce a positive return. A maximally productive use is the financially feasible use that produces the highest residual land value. The Highest and Best Use of land assumes than the site is vacant and that the site could be utilized at the Highest and Best Use which is determined in this analysis. The Highest and Best Use of the site, as improved, correlates the current improvements with improvements that would be made at the optimum development of the site: as determined in the Highest and Best Use of vacant land. 131 of 155 25 As if Vacant: Legally, the subject site is restricted by zoning. Zoning of the property is CG, Commercial General, which permits a wide variety of commercial oriented uses. Both retail commercial and professional office uses are permitted, as well as a variety of other commercial uses. The CLUP is C, Commercial, which supports the current zoning. Physically, the subject site consists of a commercial parcel located along the north side of Sebastian Boulevard between Wimbrow Drive and Louisiana Avenue, in the City of Sebastian, Florida. The subject property has an interior site location along the north side of the eastbound leg of Sebastian Boulevard, at 190 Sebastian Boulevard. The subject site has an irregular shape with 90 ± feet of frontage along Sebastian Boulevard. There is 103.50 + feet of depth along the east property line and 156.82 + feet along the west property line. The north, or rear property line is indicated at 113 ± feet in length. Total site area, per the Indian River County Property Appraisers records is indicated at 12,830 square feet, or .29 acres. Access to the subject property is provided via the eastbound leg of Sebastian Boulevard. Sebastian Boulevard provides access to U.S. #1 to the east and County Road 510 to the west, as well as 1-95 further west. The split design of Sebastian Boulevard begins about 114 mile west of the subject and the subject property is located along the eastbound two lane portion of Sebastian Boulevard. Westbound access from U.S. #1 can utilize South Wimbrow Drive for connection between the east and westbound Sebastian Boulevard. Further, traffic exiting the subject property heading west can connect with westbound Sebastian Boulevard via Louisiana Avenue. Access to the subject property is considered adequate for commercial use. In summary, the subject site consists of a small, irregular shaped parcel, containing a total of approximately 12,830 ± square feet. The site consists of an interior site that has 90 + feet of frontage along the north side of the eastbound portion of Sebastian Boulevard. The site is felt conveniently located along Sebastian Boulevard in an area of commercial, light industrial and warehouse uses. There are adjacent roadways connecting between the eastbound and westbound routes of the Sebastian Boulevard Twin Pairs design for westbound traffic. The subject site is considered adequate for independent commercial use, or in assemblage with adjacent parcels for a larger commercial development. Economic considerations deal primarily with supply and demand factors. This takes into consideration those uses which are physically and legally possible, as well as financially or economically feasible. To be financially feasible, a use should generally return a positive net income to the investor. A maximally productive use is a use that returns the greatest value to the site. Most likely, based on the current zoning and surrounding properties uses, this would typically include secondary commercial, retail commercial, or commercial office uses. 132 of 155 001 However, current market conditions are soft for commercial development throughout not only the City of Sebastian, but the Indian River County area. The real estate market in Indian River County began to soften for commercial properties in 200712008. Currently, the local economy appears to be slowly improving, along with the commercial real estate, which appears to have stabilized and improved somewhat over the last approximate year or two. Nevertheless, the commercial real estate market remains softfor new development of these types of properties. Feasibility of new construction is difficult to achieve even with the current lower land prices, as existing properties can be acquired much lower than the cost of new development. Some new commercial retail space has been developed over the last few years, but typically originated prior to the slowdown, or consisting of national chains. Considering these factors, the Highest and Best Use of the subject property, considered as though vacant, is concluded to be to hold as vacant, until market conditions improve further to warrant future commercial development. As Improved: As discussed, the subject property is currently improved with an older single family residence, that appears to be in marginal condition. According to the county tax information, this residence was originally constructed in around 1935 and is around 942 square feet in size. Present layout and interior condition are unknown, as the residence was not inspected. Based on our observations, it is not estimated to contribute any additional value to the subject site, in our opinion. Further, no deduction is made for demolition and removal. VALUATION PROCESS For most parcels of vacant land, only one of the traditional three approaches to value is useful. This, of course, is the Sales Comparison Approach. In this approach, the subject property is compared to parcels which have been involved in recent transactions, and adjustments are made to the unit prices derived from those sales, to recognize differences between the subject and the sales. The Income Approach is not generally used since most parcels of vacant land are not producing income, and the Income Approach consists of capitalizing net income at a market rate, to indicate value. When sales of vacant parcels are not available for comparison, which often is the case in built-up areas, the residual income from a hypothetical highest and best use building may be capitalized to indicate land value. This was not the case here, since recent sales throughout the neighborhood are available, and this approach was not used. The Cost Approach, the third of the traditional approaches, is by definition not usable for vacant land. Accordingly, we have made use of only the Sales Comparison Approach. 133 of 155 27 SALES COMPARISON APPROACH The only applicable approach in providing our opinion of the Market Value of the subject commercial site is the Sales Comparison Approach. The subject property has an interior site location along the north side of the eastbound leg of Sebastian Boulevard, at 190 Sebastian Boulevard. The subject site has an irregular shape with 90 ± feet of frontage along Sebastian Boulevard. There is 103.50 ± feet of depth along the east property line and 156.82 + feet along the west property line. The north, or rear property line is indicated at 113 ± feet in length. Total site area is indicated at 12,830 square feet, or .29 acres. Sales of commercial sites with similar characteristics as the subject were searched for in the subject neighborhood and other areas of the community. Due to the predominantly developed nature of the overall area, there are somewhat fewer sales of vacant commercial sites available. Further, there have been fewer sales over the last couple years, as market conditions are soft. Five comparable land sales are specifically used in our valuation analysis and are felt to provide a reliable indication of the land value for the subject commercial zoned site area. Other land sales were also investigated, but these are felt to be the most comparable. Further, most of the current listings remain at higher historical pricing and are not felt to provide a meaningful comparison to the subject property. The commercial land sales are compared to the subject on the basis of price paid per square foot, which seems to best explain market activity. These comparable sales are described on the pages following a discussion of adjustments beginning below. A land sales summary and adjustment grid is provided along with a location map of these land sales and listing. Adjustments The first adjustments considered are for financing and conditions of sale. Other adjustments are made or considered for time (market conditions), location/access, size, and depth/shape. An adjustment is also considered for topography and unusual site factors. Financing for each sale was analyzed for unusual conditions which might have an effect on sale prices. No sale was found to have unusual financing. Thus, no financing adjustments are made. Conditions of Sale adjustment takes into account the motivations behind a particular transaction, such as assemblage and other factors. These adjustments, if made, are discussed in the individual land sale descriptions. 134 of 155 0-1 Market Conditions - Three of the comparable land sales closed in 2013, with one comparable sale in 2014 and one earlier this month in February, 2015. Market conditions have been soft, but relatively stable over the last year or two, based on our observations, although there are few sales to specifically analyze. No adjustments are estimated for market conditions, although the date of sale is considered in the weighing of each sale. Location - Location adjustments are based on limited sales comparison analysis, but primarily on the appraiser's judgement considering observed unit price variances among historical sales, based on the different attributes of each location. Also considered in the location adjustment are exposure and access features. Size - Size adjustments are made, as larger sites tend to sell at a lower price per acre or per square foot and vice versa for smaller sites. The subject commercial site is estimated at approximately 12,830 } square feet in size, with similar sized, smaller, and larger parcels analyzed and adjusted accordingly. Depth/Shape - Depth/shape adjustments are considered, as greater depths result in proportionately less roadway exposure and result in a less functional site. The subject site has somewhat irregular, but functional shape with adequate frontage. The five comparable commercial land sales analyzed are discussed on the following pages. 135 of 155 ME LAND SALE #1 Type of Property: Commercial Land Address: 903 Sebastian Boulevard Sebastian, Florida 32958 Location: Southwest corner of Sebastian Boulevard and Biscayne Lake, in the City of Sebastian. Grantor: Faimm Funding Corp. Grantee: John & William Carpenter Zoning: C-512 Highest and Best Use: Hold as vacant for future development with commercial use. Date of Sale: October 13, 2014 Sale Price: $56,000 Recorded: OR Book 2797,Page 2303 Tax I.D.#: 13-31-38-00002-1860-00021.0, 22.0 & 23.0 Brief Legal Description: Lots 21, 22 & 23, Block 186, Sebastian Highlands, Unit 8, Plat Book 6, Pages 9 thru 14, Indian River County, Florida. Site Size: Frontage: 135 f feet Street: Sebastian Boulevard Depth: 160 + feet Size: 21,600 SF (0.50 ± Acres) Unit Price: $2.59 I SF Financing: None indicated, appears to be all cash to seller. Confirmed: Public Records Sale #1 consists of the rectangular shaped commercial corner site that is located at the northwest corner of Sebastian Boulevard and Biscayne Lane, in the Sebastian Highlands area of the City of Sebastian. The site consists of three lots that are combined. The site has 135 feet of frontage along Sebastian Boulevard and 160 feet of depth. Total site is around 21,600 square feet, or 0.50 f acres. No prior sales had occurred over the previous three years. 136 of 155 r_. i,j -,-,WAWAF AERIAL MAP - LAND SALE #1 AMCIA 3 !lit, X 30 This comparable sale is considered similar in terms of location. It is slightly larger in size and adjusted plus 5%. No other adjustments are made. It indicates an adjusted value of $2.72 per square foot for the subject commercial site. 137 of 155 31 LAND -SALE #2 Type of Property: Commercial Land Address: 773 Sebastian Boulevard Sebastian, Florida 32958 Location: South side of Sebastian Boulevard, east of Strait Avenue, in the City of Sebastian. Grantor: Frederick Ippolito Grantee: Michael Horan Zoning: C-512 Highest and Best Use: Hold as vacant for future development with commercial use, or assemblage with adjacent parcels. Date of Sale: February 6, 2015 Sale Price: $21,000 Recorded: OR Book 2824,Page 2308 Tax I.D.#: 13-31-38-00001-1890-00004.0 Brief Legal Description: Lot 4, Block 189, Sebastian Highlands, Unit 6, Plat Book 5, Pages 93 thru 97, Indian River County, Florida. Site Size: Frontage: 40 ± feet Street: Sebastian Boulevard Depth: 160 ± feet Size: 6,400 SF (0.15 ± Acres) Unit Price: $3.281 SF Financing: None indicated, appears to be all cash to seller. Confirmed: Public Records - MLS #151449 Sale #2 consists of the small rectangular shaped interior site that is located along the south side of Sebastian Boulevard, east of Strait Avenue, in the Sebastian Highlands area of the City of Sebastian. The site consists of a single 40'x 160' commercial lot. Total site is 6,400 square feet, or 0.15 ± acres. No prior sales had occurred over the previous three years. The property had been listed for sale for $25,000 and just sold earlier this month for $21,000. This comparable sale is considered similar in terms of location. It is slightly smaller in size and adjusted minus 5%. No other adjustments are made. It indicates an adjusted value of $3.12 per square foot for the subject commercial site. 138 of 155 r- AERIAL MAP - LAND SALE #2 mw 11+ 32 139 of 155 33 LAND SALE #3 Type of Property: Commercial/Industrial Land Location: Northwest corner of Sebastian Boulevard and Old Dixie Highway, in the City of Sebastian. Grantor: Houdyshell, Inc. Grantee: WJW, Development, Inc. Zoning: IN, Industrial Highest and Best Use: Hold as vacant for future development with commercial use or industrial use, or assemblage with adjacent parcels. Date of Sale: March 22, 2013 Sale Price: $180,000 Recorded: OR Book 2660,Page 898 Tax I.D.#: 06-31-39-00014-0080-00001.0 Brief Legal Description: Lots 1, 3, 4, 5, 8, 9, 12, Block 8, Hardees Addition to Sebastian, Plat Book 3, Page 1, Indian River County, Florida. Site Size: Frontage: 250 ± feet Street: Old Dixie Highway Depth: 130 ± feet Size: 39,000 SF (0.90 ± Acres) Unit Price: $4.621 SF Financing: None indicated, appears to be all cash to seller. Confirmed: Public Records Sale #3 is located at the northwest corner of Sebastian Boulevard and Old Dixie Highway, in the City of Sebastian. This property consists of six vacant industrial zoned lots (Lots #3, 4, 5, 8, 9 and 12, Block 8, in Hardee's Addition to Sebastian). The site has approximately 130 feet of frontage along Sebastian Boulevard and 250 + feet of frontage and depth along Old Dixie Highway. Additionally, one lot fronts along High Street. Total site area is indicated at 39,000 square feet, or .90 acres. Zoning is IN, Industrial, under the guidelines of the City of Sebastian. No arms length sales were found over the prior 3 years. 140 of 155 0 AERIAL MAP - LAND SALE #3 # y 1. :1 a 34 The sales price of $180,000 equates to $4.62 per square foot. This land sale is adjusted minus 15% for it superior corner location closer to U.S. #1. Only other adjustment is plus 10% for size. After adjustment, this land sale indicates an adjusted value of $4.38 per square foot. 141 of 155 Type of Property: LAND SALE #4 Commercial Land Location: Southwest corner of 84`h Street and 47'h Avenue (472584 1h Street) Indian River County, Florida Grantor: Grantee: Divya Holdings, LLC Graves Brothers Company 35 Zoning: OCR, Office, Commercial, Residential Highest and Best Use: Future development with commercial use. Currently hold as vacant with potential for assemblage. Date of Sale: December 20, 2013 Sales Price: $38,100 OR Book/Page: 2726/1964 Tax I.D.#: 33-31-39-00001-0060-00001.0 Brief Legal Description: Lot 1, Block 6, Graves Addition to Wabasso, Plat Book 2, Page 41, Indian River County, Florida. Site Area: Frontage: 70 feet Street: 84`h Street Depth: 150 feet Size: 10,500 SF (0.24 Acres) Unit Price: $3.631 SF Financing: Appears to be all cash to seller, as no financing was indicated. Land Sale #4 consists of the December, 2013 purchase of a vacant commercial site located adjacent to the southwest corner of 84`h Street and 47`h Avenue, in Indian River County, Florida. The property consists of a single corner lot with 70 feet of frontage and 150 feet of depth. Total site area is 10,500 square feet. The property was purchased by the same buyer as previously acquired adjacent parcels in 2011. There were some older building improvements on this lot, but they had been demolished and removed prior to the sale. There had been a previous sale in November, 2013 for $200,000, but this transaction does not appear to be arms length, as the property was then deeded over to Divya Holdings, LLC shortly thereafter. No other transactions were found within the last 3 years. The site is now vacant and was purchased for assemblage with adjacent properties. 142 of 155 36 AERIAL MAP - LAND SALE #4 This property is located adjacent to the west of U.S. #1, but lacks independent U.S. #1 frontage. As discussed, it was purchased by the adjacent property owners for assemblage. The location is felt inferior to the subject and is adjusted upward plus 15% for location. No other adjustments are estimated. After adjustment, this sale indicates value of $4.17 per square foot for the subject commercial site. 143 of 155 37 LAND SALE #5 Type of Property: Commercial Land Location: East side of U.S. #1 in Sebastian (1554 U.S. #1) Sebastian, Florida Grantor: Sebastian Harbour Ltd. Grantee: Buried Treasure Antiques Zoning: CWR, Commercial Waterfront Residential Highest and Best Use: Future development with commercial use. Currently hold as vacant with potential for assemblage. Date of Sale: March 18, 2013 Sales Price: $80,300 - $4,000 = $76,300 OR Book/Page: 2658/1951 Tax I. D.#: 06-31-39-00001-0020-00005.0 Brief Legal Description: Lot 5, Block 2, less the South 5 feet and highway right-of- way, Middleton's Subdivision, Plat Book 2, Page 56, Indian River County, Florida. Site Area: Frontage: 89.5 ± feet Street: U.S. Highway #1 Depth: 182 + feet Size: 14,180 SF (0.33 Acres) Unit Price: $5.381 SF Financing: Appears to be all cash to seller, as no financing was indicated. Confirmed: Gene Popow on November 15, 2013 by Daniel A. Nelson Land Sale #5 consists of a commercial zoned parcel that is located along the east side of U.S. #1, south of Davis Street, in the City of Sebastian. The property is vacant and heavily wooded. It consists of an interior site. The property sold for $80,300, but reportedly $4,000 was placed in escrow to compensate the buyer for future costs to extend water and sewer to the property. Thus, the sales price is adjusted downward $4,000 to $76,300. The site has 89.5 feet of diagonal frontage along U.S. #1 and 182 feet of depth. Total site area is indicated at 14,180 square feet, which equates to 0.33 ± acres. The site has a good commercial location, but is somewhat narrow in shape. Zoning of the property is CWR, Commercial Waterfront Residential District, per the City of Sebastian. 144 of 155 w r: AERIAL MAP - LAND SALE #5 W A17 �W— iao kac NOW y , � N6 r: # 7� 4, - •.-.. � i 1�Macxr,e��smrxao7 There had been no previous sales of this property with the last 3 years. This property is located along U.S. #1 in Sebastian which is considered superior to the subject. A minus 25% adjustment is made for locationlaccess. No other adjustments are estimated. After adjustment, this sale indicates a land value of $4.04 per square foot for the subject commercial site. A Lands Sales Summary and Adjustment Grid is provided on the next page for the subject commercial land sales, followed by a land sale location map. fi[�'�•SSi&V 43d47L'SHEETS aUQ'R] fI GRANTOR GRANTEE DATE Of SALE O.R. BOOKIPAGE SALE PRICE SIZE (SF) FRONTAGE AVERAGE DEPTH BRIEF LEGAL - LOTS ZONING PRICE PER SQUARE FOOT MARKET CONDITION ADJUSTMENT C;URRFNT PRICE PER S.F %1UJUSTMEhJTS FSR QlErTRCtJCC LGCA'f10NIACCESS si7F.. SHAPEIDEPTH NET ADJUSTMENT ADJUSTED PRICE PER S.F LAND SALES SUMMARY AND AD.IUSTMENT GRID iSU_f i SALE #1 $ALE ill SAL # 'A 94 ,SALE #') EDWARD FAIMM FUNDING FREDERICK HOUDYSHELL DIVYA HOLDINGS SEBASTIAN OFFEROING CORP IPPOLITO INC LLC HARBOUR, LTD SUBJECT JOHN & WILLIAM MICHAEL HORAN WJW GRAVES BROTHERS BURIED TREASURE CARPENTER DEVELOPMENT COMPANY ANTIOUES FEBRUARY. 2015 Oct -14 Feb -15 MARCH, 2013 Dec -13 Mae -13 2797!2303 2824!2308 26601898 2726tl954 26581195, $56,000 $21000 $180.000 $38.100 %76.300 12,830 21.600 6.400 39,000 10,5110 14.189 90 135 40 250 70 89 130 160 160 130 450 182 METES & BOUNDS LOTS 21-23, LOT 4. BLK. 189 SES BLVD 8 OLD DIXIE 4725 84TH ST. 1554 U S 41. SEB 7-31-39 BLK. 186, SH #8 SEB HIGH. 96 LOTS 1.3-5,8,9412 47TH AVE 8 84TH ST EAST SIDE OF U,S. 01 BLK. 8 HARDEE ADON SW CORNER IN 5EBA5TIAN CG. COMMERCIAL C-512 G-512 IN. INDUSTRIAL OCR CWR $2.59 $328 54.62 53.63 $s 3n 0 0% 0.0% 000/0 00% 0.0°. $259 $328 $4.62 $3.63 S538 OVA 07. A5% 15% -25% 5% -5% 10% 0% 0% 0% 0% 00!0 0% 0% 5°h -556 -5% 15% -25% 52.72 $312 $4.38 $4.17 $404 CONCLUSION - $54,000, OR ABOUT 53.90 PER S F r n z U UJ n r m U) U) C D z n O C Ul m z U / w ko 40 LAND SALES LOCAT�QN MAP 'Roseland Srbauc; w•� �`+• ----------- l waft -.�:s•, SALE 53 'SALE � � �-Paull iWand ;U. s �Sebast�an a •�:, �.. .. .i i `t\ L 'J qS, _.--._ - easy -o .,s•o. evauasso Data use subject je license m's C DeLmme Delume Stem Mas Lr --AE 2014 0 www detume com MN (6 6'M data 2mm $2-4 147 of 155 41 Summary and Conclusion of Commercial Land Value After adjustments, the five commercial land sales analyzed indicate the following adjusted values per square foot for the subject commercial site: Adjusted Land Sale # Value per SF Comments 1. $2.72 Recent sale - 3 Sebastian Highlands commercial lots 2. $3.12 Recent sale - 1 Sebastian Highlands commercial lot 3. $4.38 Older sale - Sebastian Boulevard & Old Dixie Highway 4. $4.17 Land Sale - West of U.S. #1 at 84`h Street 5. $4.04 Land sale along U.S. #1 in Sebastian Sales #1 thru #3 are located along Sebastian Boulevard in the subject overall neighborhood. Sale #4 is located adjacent to U.S. #1 in Wabasso. Sale #5 is located along U.S. #1 in the City of Sebastian. These comparable sales are all given consideration. Further, we have considered, but not included an October, 2013 sale of a commercial site at the northeast corner of Sebastian and South Wimbrow Drive. O'Reilly Automotive purchased this commercial site for $500,000. The site consists of a superior commercial site that is about 36,155 ± square feet in size, but also includes use of the adjacent retention area. The other two vacant commercial sites in this commercial park are currently listed for sale for $495,000. Although these properties are located just west of the subject, they are considered superior and not included in the subject land valuation analysis. The Market Value of the subject property is concluded in the middle to upper portion of the range indicated by the five comparable sales. A Market Value of $50,000 is concluded for the subject commercial site area, which equates to approximately $3.90 per square foot for the 12,830 ± square feet estimated. Based on the data and analysis as presented in this appraisal report, it is our opinion that the Market Value of the fee simple estate to the real property appraised herein, as of the date of exterior drive-by property inspection, on February 27, 2015, is as follows: FIFTY THOUSAND DOLLARS ($50,000) The subject property has not been physically inspected, other than a drive-by exterior inspection. Thus, the subject building improvements have not been adequately inspected and no contact has been made with the subject owner. The appraisal is subject to a complete inspection of the subject property appraised and discussions with the subject owner concerning the current use and condition of the subject property improvements. No additional value or deduction is made of the existing older residence. 148 of 155 42 MARKETING TIME Marketing time consists of our opinion of the amount of time it might take to sell the subject property at the concluded Market Value during the period immediately after the effective date of the appraisal. The subject property consists of a small, irregular shaped commercial property that has an interior site location along the north side of Sebastian Boulevard. The property contains an older building improvement, although not estimated to contribute any value. Marketing conditions are currently soft for commercial land and commercial development, though stabilizing and improving somewhat over the last year or two. Considering all of these factors, the subject property is forecast to have a marketing time of 6 months to 18 months, concluded at 12 months, assuming pricing similar to our Market Value conclusion. REASONABLE EXPOSURE TIME Reasonable exposure time is assumed to precede the effective date of the appraisal. Exposure time, per USPAP, may be defined as follows: The estimated length of time the property interest being appraised would have been offered on the market prior to the hypothetical consummation of a sale at Market Value on the effective date of the appraisal; a retrospective opinion based upon an analysis of past events assuming a competitive and open market. The reasonable exposure time estimate takes into consideration the price, time, and use, of the property appraised. The reasonable exposure time for the subject property is estimated at 6 to 24 months, also concluded at 12 months. 149 of 155 43 CERTIFICATE OF _APPRAISAL The undersigned do hereby certify to the best of our knowledge and belief: a) The statements of fact contained in this report are true and correct. b) The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, are my personal, impartial, and unbiased professional analyses, opinions, and conclusions. c) We have no present or prospective interest in the property that is the subject of this report, and no personal interest with respect to the parties involved. d) We have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. e) Our engagement in this assignment was not contingent upon developing or reporting predetermined results. f) Our compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. g) Our analyses, opinions, and conclusions were developed, and this report has been prepared in conformity with the Uniform Standards of Professional Appraisal Practice. h) This appraisal report has been made in conformity with and is subject to the requirements of the Codes of Professional Ethics and Standards of Professional Conduct of the Appraisal Institute. i) That Daniel A. Nelson made a personal inspection of the property that is the subject of this report. j) No one provided significant professional assistance to the person signing this report. k) Peter D. Armfield, RZ524 and Daniel A. Nelson, RZ897 are currently State of Florida Certified General Real Estate Appraisers. 1) As of the date of this report, I, Peter D. Armfield, MAI, SRA, have completed the requirements under the continuing education program of the Appraisal Institute. 150 of 155 44 CERTIFICATE OF APPRAISAL (continued) m) The use of this report is subject to the requirements of the Appraisal Institute and the State of Florida Real Estate Appraisal Board relating to review by its duly authorized representatives. n) We have not provided appraisal or other services regarding this property within the 3 year period immediately preceding acceptance of this assignment. o) The real property which is the subject of this appraisal is valued, as of February 27, 2015, as follows: FIFTY THOUSAND DOLLARS ($50,000) The above Market Value conclusion has conditions and assumptions that are assumed to be correct, as discussed in the appraisal report. It should be noted that if some or all of these conditions or assumptions are not correct, it could affect our opinion of the subject property Market Value, as provided herein. Daniel A. Nelson State -Certified General Real Estate Appraiser RZ897 I .J Peter D. Armfield, MAI State -Certified General Real Estate Appraiser RZ524 151 of 155 45 QUALIFICATIONS OF THE APPRAISER DANIEL A. NELSON Bachelor of Business Administration in 1977 from Stetson University with a Degree in Accounting. Appraisal Courses Successfully Completed SREA Course 101 - Principals of Residential, 1978 SREA Course 201 - Principals of Income Property, 1979 American Institute of Real Estate Appraisers (AIREA) Course 1 B -A - Capitalization Theory and Techn. Part A, 1985 Course 1 B -B - Capitalization Theory and Techn. Part B, 1985 Standards of Professional Practice, 1986 Case Studies in Real Estate Valuation, 1987 Valuation Analysis and Report Writing, 1987 Standards of Professional Appraisal Practices, Part A&B, 1992 Complete Review Seminar, 1993 2014 Continuing Education, 2014-2015 National USPAP Update Course, The Income Approach, Florida Laws & Regulations, Appraisal Applications of Regression Analysis, Mortgage Fraud Professional Membership & Affiliations Registered Real Estate Broker -Salesperson, 1980, BK312098 State -Certified General Real Estate Appraiser, RZ897, 1991 Work Experience Staff Appraiser, Armfield-Wagner Appraisal & Research, Inc., Vero Beach, Florida, 1982 to Present Staff Appraiser, Security Federal Savings and Loan, Vero Beach, Florida, 1977 to 1982 Tvpes of Appraisals Completed Vacant Land Residential Condominiums Multiple Family Multiple Family Land Commercial Land Light Industrial Land Offices Retail Commercial Restaurants Shopping Centers Subdivisions Golf Courses Motels/Hotels Light Industrial Warehouses Airplane Hangars Leased Property Mobile Home Parks Citrus Groves Engaged in the valuation of Real Estate in Indian River, Brevard, and St. Lucie Counties since October, 1977. 152 of 155 M QUALIFICATIONS OF THE APPRAISER PETER D. ARMFIELD, MAI Education Graduate University of Florida Master of Business Administration, 1972 Bachelor of Business Administration, 1970 Florida Resident Since 1953 Registered Real Estate Broker, Florida Professional Memberships Member Appraisal Institute (MAI) - Appraisal Institute Senior Residential Appraiser (SRA) - Appraisal Institute Realtor Member - Vero Beach Board of Realtors State -Certified General Real Estate Appraiser, RZ524 Work Experience 1984 - Instructor of Appraisal Course for the Society of Real Estate Appraisers 1981 - President, Armfield-Wagner Appraisal & Research, Inc., Vero Beach, Florida 1979-1980 Staff Appraiser, Armfield, Sherman & Associates Real Estate Appraisers & Consultants Vero Beach, Florida 1979-1982 Instructor of Appraisal and Real Estate Courses, Indian River Community College, Ft. Pierce, Florida 1976-1978 Employed with John S. Sherman, Jr. as Staff Appraiser, Vero Beach, Florida 1976 - Real Estate Sales, Fayetteville, North Carolina Engaged in the valuation of Real Estate in Indian River and St. Lucie Counties since December, 1976. Qualified as an expert witness for real property valuation in the Circuit Courts of St.Lucie County and Indian River County, Florida. 153 of 155 47 QUALIFICATIONS OF THE APPRAISER Peter D. Armfield Page 2 Real Estate Appraisal Made for the Fallowing: City Federal Savings & Loan of Palm Beach Savings of America Florida Federal Savings & Loan United Savings of America Florida First National Bank of Vero Beach SunTrust Lomas & Nettleton Ford Motor Credit Merrill Lynch Relo. Gulf & Western Corp. City of Vero Beach Indian River County Gulf Oil Corporation Exxon Corporation St. Lucie County Tvves of Appraisals Equitable Relocation American Hospital Mgmt.Corp. Attorneys and Individuals Church of Latter Day Saints Kentucky Life Insurance Co. American Petrofina Corp. Federal National Mortgage Assn. FL Dept. of Natural Resources Bank of America Tropicana Corporation Residences Airplane Hangars Warehouses Commercial Insurable Value Leased Property Offices Vacant Land Citrus Groves Shopping Centers Residential Improved Pasture Service Stations Landlocked Golf Courses Light Industrial Subdivision Social Clubs Condominiums Commercial Motels Mobile Home Parks Industrial Citrus Packing Houses Utility Easements Wetlands Apartments Health & Rec. Clubs (Including Low Income Casualty Loss Estimates Housing Involving Partial Interests Section 8; Tax Credit) Articles "Unusual Appraisal Assignments - Problems and Solutions", by Peter D. Armfield winning article in the 1981 manuscript competition sponsored by the Society of Real Estate Appraisers Foundation; published in the Real Estate Appraiser and Analyst - Spring, 1982. "Casualty Loss Valuation" by Peter D. Armfield, published in the Appraisal Journal ofthe American Institute of Real Estate Appraisers, October, 1982. "Computers in Appraising - Strategies for Success" by Peter D. Armfield and Stephen Armfield, winning article in the 1983 manuscript competition sponsored by the Society of Real Estate Appraisers Foundation. 154 of 155 APPRAISAL LICENSES 48 RICK SCOT -T GOVERNOR KEN LAWSON. SECRETARY STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA REAL ESTATE APPRAISAL BD RZ85i I I The CERTIFIED GENERAL APPRAISER Named beIow IS CERTIFIED 49 Under the prDwsions of Chapter 476 FS Expiration date, NOV 30. 2016 NELSON. DANIEL 1940 14TH AVE #C VERO BEACH FL 32960 ISSUED 09114"2014 DISPLAY AS REOUIRFD BY LAW ❑ ❑ r � SEQ # t 1409140005816 RICK SCOT -i. GOVERNOR KEN LAWSON. SECRETARY STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA REAL ESTATE APPRAISAL BD rIi!�3!r�l'r:r'I'rr>� RZ524 ' The CERTIFIED GENERAL APPRAISER Named below IS CERTIFIED Under the provisions of Chapter 475 FS. Expiration date NOV 30, 2018 ARMFIELD PETER D 1940 10TH AVE #C VERO BEACH FL 32960 155 of 155