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Home My WebLink About11-21-2022 CC AgendaS N HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING AGENDA MONDAY, NOVEMBER 21, 2022 — 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK OR ON THE CITY'S WEBSITE 1. ADMINISTRATION OF OATH TO NEWLY ELECTED CITY COUNCIL MEMBERS 2. CALL TO ORDER 3. MOMENT OF SILENCE 4. PLEDGE OF ALLEGIANCE — Led by Council Member Nunn 4. ROLL CALL 5. ELECTION MATTERS pg 8 A. Reading of Certificate of Canvassing Board Returns by the City Attorney B. Call for Nominations for Mayor by Incumbent Vice Mayor— Clerk calls roll if more than one nomination C. Call for Nominations for Vice Mayor by Newly Appointed Mayor — Clerk calls roll if more than one nomination 6. AGENDA MODIFICATIONS Modifications for additions require a unanimous vote of City Council 7. PROCLAMATIONS. AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staf . No public input or actions under this heading. A. National American Indian Heritage Month — November 2022 - Pelican Island Chapter, National Society Daughters of the American Revolution Brief Announcements: Friday, December 2 - Sebastian River Area Chamber of Commerce Light Up Night — S: 30 — 8pm Saturday, December 3 - Rotary Club of Sebastian Brewfest at Riverview Park — Noon — 4pm Wednesday, December 7 - Pearl Harbor Day Observance at Riverview Park Saturday, December 10 — Holiday Parade on Indian River Drive - 6: 30pm - 8: 30pm Saturday, December 17 — Wreaths Across America Ceremony at Veterans Memorial —121 of 329 8. PUBLIC INPUT The heading on Regular Meeting agendas "Public Input" provides an opportunityfor individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED AGENDA. Individuals are asked to resolve matters with staff prior to meetings. Individuals are asked to provide copies of materials 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. 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 of 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 9-14 A. Approval of Minutes — September 30, 2022 - Rescheduled Final Budget Hearing for FY22/23 pgs 15-30 B. Approval of Minutes — October 12, 2022 - Regular City Council Meeting pgs 31-32 C. Approval of Minutes — October 19, 2022 - Special City Council Meeting pgs 33-34 D. Approval of Minutes — October 26, 2022 — Special City Council Meeting pgs 35-37 E. Prior Authorization for New Council Member Travel to Florida League of Cities Institute for Elected Municipal Officials (IEMO) January 20-21, 2023 in St. Augustine, Florida (Transmittal, Info) pgs 38-44 F. Approve the Purchase of One Bad Boy Rogue 61 Inch Zero Turn Mower and One Bad Boy Revolt 48 Inch Stand -On Mower from Thompson Tractor Company for the Leisure Services Department in the Amount of $17,501.30 (Transmittal, Estimates) pgs 45-49 G. Approve the Purchase of One KIOTI 35 HP Tractor Model CK3510 with the Root Grapple and Aerator Attachment from Thompson Tractor Company for the Leisure Services Department in the Amount of $31,095.50 (Transmittal, Estimates) pgs 50-79 H. Approve the Piggyback Purchase of Five (5) Ford Explorer Marked Patrol Vehicles, Two (2) Ford Explorer Unmarked Vehicles, and One (1) Ford Maverick Code Enforcement Vehicle From Bartow Ford Under the Charlotte County Purchasing Division Contract #2021000541 in the Amount of $425,169.27 (Transmittal, Letter, Notice, Quote, Bid Doc, Summary) pgs 80-97 I. Approve the Purchase of an Armored Rescue Vehicle from International Armored Group in the Amount of $310,000 for the Sebastian Police Department (Transmittal, Letter, Certificate, Quotes, Agreement) 2 of 329 pgs 98-102 J. Award Invitation to Bid #22-12 City Hall 2"d Floor Carpet Replacement to Curren Flooring Company in the Amount of $41,210.10 (Transmittal, ITB#22-12, Bid Tab) pgs 103-111 K. Approve Snow's Space Coast Superior Event "Winter Wonderland" Event - Open to the Public at Riverview Park on: December 16, 2022 from Noon to 6:00 pm December 17, 2022 from 9:30 am to 6:00 pm December 18, 2022 from 10:00 am to 4:00 pm (Transmittal, Application, Insurance, Receipt) pgs 112-114 L. Approve Alcoholic Beverages for the King Family Event at the Community Center on March 18, 2023 from 2:00 p.m. to 10:00 p.m. — Permittee DOB Verified (Transmittal, Application, Receipt) 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. pgs 115-146 A. Planning and Zoning Commission (Transmittal, ADnlications, List, Ad) i. Fill One Expired, Regular Member Position — New Term to Expire November 1, 2025 ii. Fill One Expired, Alternate Member Position — New Term to Expire November 1, 2025 pgs 147-150 B. Indian River County and Regional Board/Committee Assignments (Transmittal, List) pgs 151-152 C. Indian River County Commission Monthly Meeting Monitoring (Transmittal, 2022/2023 Schedule) 11. PUBLIC HEARINGS Procedures for legislative public hearings: Mayor opens hearing Attorney reads ordinance title Staff presentation Public input Staff summation Mayor closes hearing Council deliberation and action pgs 153-206 A. First Reading and Public Hearing of Ordinance No. 0-22-15 — Request for Small Scale Comprehensive Plan Future Land Use Map Amendment — Man Caves@Sebastian (Transmittal, 0-22-15, Staff Report, PZ/LPA Minutes) 3 of 329 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING A SMALL SCALE AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE MAP TO DESIGNATE A LAND USE CLASSIFICATION OF CG-GENERAL COMMERCIAL FOR LAND WITH A CURRENT LAND USE DESIGNATION OF L- 2 (LOW DENSITY RESIDENTIAL) FOR LAND CONSISTING OF 4.56 ACRES MORE OR LESS, LOCATED SOUTH AND EAST OF SPIRIT OF SEBASTIAN PUD, WEST OF OLD DIXIE HWY AND FEC RIGHT OF WAY, AND NORTH OF MULTIPLE FAMILY RESIDENTIAL DEVELOPMENT, AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS, PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR AN EFFECTIVE DATE, AND PROVIDING FOR AN ADOPTION SCHEDULE. pgs 207-220 B. First Reading and Public Hearing of Ordinance No. 0-22-16 — Request for Rezoning — ManCaves@Sebastian, 11355 Old Dixie Highway, Sebastian (Transmittal, 0-22-16, Staff Report) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING A ZONING CLASSIFICATION OF CQ (COMMERCIAL GENERAL) WITH CURRENT ZONING DESIGNATIONS OF RM-6 (MULTI -FAMILY RESIDENTIAL DISTRICT, 6 UNITS/ACRE), FOR LAND CONSISTING OF 4.56 ACRES, MORE OR LESS, LOCATED SOUTH AND EAST OF SPIRIT OF SEBASTIAN PUD, WEST OF OLD DIXIE HWY AND FEC RIGHT OF WAY, AND NORTH OR MULTIPLE FAMILY RESIDENTIAL DEVELOPMENT, PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY, PROVIDING FOR SCRIVENER'S ERRORS, AND PROVIDING FOR AN EFFECTIVE DATE. pgs 221-235 C. Second Reading and Adoption Hearing of Ordinance No. 0-22-06 — Proposing to Amend Land Development Code Article V by Adding Zoning District Regulations for RM-10 Relating to Medium Density Multiple Family Residential Uses; Amending Land Development Code Article VI by Amending Conditional Use Criteria Relating to RM-10 Medium Density Multiple Family Residential Uses; and Amending Article XV Parking Requirement Relating to Medium Density Family Uses (Transmittal, 0-22-06) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE LAND DEVELOPMENT CODE BY ADDING SECTION 54-2-5-2.4A, NEW ZONING DISTRICT REGULATIONS FOR RM-10 RELATING TO MEDIUM DENSITY MULTIPLE FAMILY RESIDENTIAL USES, AMENDING LAND DEVELOPMENT CODE SECTION 54-2-6.4 BY AMENDING CONDITIONAL USE CRITERIA RELATING TO RM-10 MEDIUM DENSITY MULTIPLE FAMILY RESIDENTIAL USES; AMENDING SECTION 54-3-15.2 PARKING REQUIREMENTS RELATING TO MEDIUM DENSITY MULTIPLE FAMILY RESIDENTIAL USES; PROVIDING FOR SEVERABILITY AND REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. 12. UNFINISHED BUSINESS 13. NEW BUSINESS pgs 236-249 A. Resolution No. R-22-32 — Final Plat for Brooks 512 Commercial Development Subdivision (Transmittal, R-22-32, Final Plat, Easement Document, Application) 4 of 329 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS BROOKS 512 COMMERCIAL DEVELOPMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. pgs 250-310 B. Resolution No. R-22-33 Regarding FDOT Agreements for Resurfacing, Restoring and Rehabilitating State Road 5/US Hwy 1 from Harrison Street to South of Davis Street and Authorize the City Manager to Execute the Appropriate Documents (Transmittal, R-22-33, Ex. 1, Local Funded Agreement, Hardscape Agreement, Three Party Escrow Agreement) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING CITY MANAGER AND CITY ATTORNEY TO NEGOTIATE FINAL CONTRACT LANGUAGE PRIOR TO EXECUTION WITH FLORIDA DEPARTMENT OF TRANSPORTATION AND APPROVING THE FLORIDA DEPARTMENT OF TRANSPIRATION'S PROJECT #FM432325-1 THAT WILL RESURFACE, RESTORE, AND REHABILITATE STATE ROAD 5/US HIGHWAY 1 FROM HARRISON STREET TO SOUTH OR DAVIS STREET; PROVIDING FOR CONFLICT; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR AN EFFECTIVE DATE. pgs 311-329 C. Approve the Non -Aviation Land Lease between the City of Sebastian Municipal Airport and the City of Sebastian Public Works Department for the New Public Works Facility (Transmittal, Agreement) 14. CITY ATTORNEY MATTERS A. Union Negotiations Caucus Request for a Union Negotiations Caucus Immediately Following the City Council Meeting Pursuant to F.S.447.605(1) 15. CITY MANAGER MATTERS 16. CITY CLERK MATTERS 17. CITY COUNCIL MATTERS A. Council Member McPartlan B. Council Member Nunn i. Political Signs ii. Permitting for Dock as a Result of Hurricane Nicole C. Council Member Dodd D. Vice Mayor Jones E. Council Member Dixon 5 of 329 18. ADJOURN (All meetings shall adjourn at 9:30 pm unless extended for up to one half hour by a majority vote of City Council) NO STENOGRAPHIC RECORD BYA CERTIFIED COURT REPORTER WILL BE MADE OF THE FOREGOING MEETING. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL, BOARD OR AGENCY WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (F.S.286.0105) IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA) OF 1990, ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S SEATING ADA COORDINATOR AT 388-8226 -ADA@CITYOFSEBASTIAN.ORG AT LEAST 98 HOURS IN ADVANCE OF THIS MEETING. ZOOM INFORMATION Please click the link below to join the webinar: https://us02web.zoom.us/j/81836579160 Or One tap mobile: US: +13017158592„81836579160# or +13092053325„81836579160# Or Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 301 715 8592 or +1 309 205 3325 or +1 312 626 6799 or +1 646 9313860 or +1 929 436 2866 or +1 253 215 8782 or +1 346 248 7799 or +1 360 209 5623 or +1 386 347 5053 or +1 507 473 4847 or +1 564 217 2000 or +1 669 444 9171 or +1 669 900 6833 or +1 689 278 1000 or +1 719 359 4580 Webinar ID: 818 3657 9160 International numbers available: https:Hus02web.zoom.us/u/kdd9sggCh 6 of 329 PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION NO. R-21-32 Regular Citv Council Meetings Public input is ALLOWED under the heading: 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, providing, 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. Appealing 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 Heading 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. 7 of 329 LM OF 5E8A6S-TL4kN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: November 21, 2022 Agenda Item Title: 1) Administer Oath of Office — New City Council Members 2) Reading of Results of Indian River County Canvassing Board Certification 3) Elect Mayor 4) Elect Vice Mayor Background: The City Clerk will swear in newly elected City Council Members just prior to the opening of the meeting and new members will take their places on the dais. Incumbent Vice Mayor Jones will call the meeting to order followed by the moment of silence and Pledge of Allegiance. The first order of business will be the election of the Mayor and Vice Mayor. Vice Mayor Jones will call for nominations for Mayor. If there is only one nomination, that person is appointed Mayor. If there is more than one nomination, the City Clerk will call the name of each member of Council and each will name their choice. The first nominee receiving a majority vote of Council will be appointed Mayor for one year until the next annual election. The newly appointed Mayor will call for nominations for Vice Mayor. If there is only one nomination, that person is appointed Vice Mayor. If there is more than one nomination, the City Clerk will call the name of each member of Council and each will name their choice. The first nominee receiving a majority vote of Council will be appointed Vice Mayor for one year until the next annual election. Members may move seats at this time to accommodate the new officers. Administrative Services Departm nt Revi ) NIA City Attorney Review - City Manager Authorization: Date: 8 of 329 an.1 ESA kN HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL RESCHEDULED FINAL BUDGET HEARING FOR FY22/23 & COMMUNITY REDEVELOPMENT AGENCY BUDGET HEARING lUV�li� FRIDAY, SEPTEMBER 30, 2022 — 5:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Hill called the rescheduled meeting to order at 5:00 p.m. 2. A moment of silence was held. Council Member McPartlan led the Pledge of Allegiance. 4. ROLL CALL Mayor Jim Hill Vice Mayor Fred Jones Council Member Ed Dodd Council Member Bob McPartlan Council Member Chris Nunn Staff Present: City Manager Paul Carlisle City Attorney Manny Anon, Jr. City Clerk Jeanette Williams Administrative Services Director/CFO Ken Killgore Community Development Manager Dorri Bosworth City Engineer/Public Works Director Karen Miller Asst. Administrative Services Director Cindy Watson Police Chief Dan Acosta MOTION by Council Member Dodd and SECOND by Council Member McPartlan to approve the condensed agenda provided by staff passed with a unanimous voice vote. (5-0) 5. PUBLIC HEARING A. Final Hearine on Millaae for Calendar Year 2022 and FY 2022/2023 Budget The City Attorney cited F.S.200.065(2)(c) outlining the method of fixing the millage and read the titles of Resolution Nos. R-22-25 and R-22-26 into the record. (See script attached) 9 of 329 Rescheduled Final Budget Hearing & CRA Budget Hearing September 30, 2022 Page 2 ii. The City Manager announced the millage tax rate of TWO POINT NINE ZERO FIVE (2.9050) MILLS is 8.26% higher than the "Rolled -Back" tax rate of 2.6834 and is being recommended as the final millage tax rate. He said this and all other general fund estimated revenue sources are anticipated to be sufficient to cover recommended operating expenditures and maintain the amount of accumulated emergency reserves. He asked Council to consider the resolutions separately. iii. Mayor Hill opened the public hearing for both the final millage rate and proposed budget however there was no public to speak. iv. City Council Deliberation and Action: a) Adont Resolution No. R-22-25 Millase Rate for Calendar Year 2022 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A MILLAGE RATE OF 2.9050 MILLS FOR THE CALENDAR YEAR 2022 AND ALLOCATING SAME TO THE FISCAL YEAR BEGINNING OCTOBER 1, 2022 AND ENDING SEPTEMBER 30, 2023; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION by Council Member McPartlan and SECOND by Vice Mayor Jones to approve Resolution No. R-22-25. Roll call: Vice Mayor Jones - aye Council Member Dodd - aye Council Member McPartlan - aye Council Member Nunn - aye Mayor Hill - aye Motion carried. 5-0 b) Adont Resolution No. R-22-26 Budizet for Fiscal Year 2022/2023 (Transmittal, R-22-26, PPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2022 AND ENDING SEPTEMBER 30, 2023; MAKING APPROPRIATIONS FOR THE PAYMENT OF OPERATING EXPENSES, CAPITAL EXPENSES, AND FOR THE PRINCIPAL AND INTEREST PAYMENTS ON THE INDEBTEDNESS OF THE CITY IN THE CITY'S GENERAL FUND, SPECIAL REVENUE FUNDS, CAPITAL IMPROVEMENT FUNDS, GOLF COURSE FUND, AIRPORT FUND, AND BUILDING FUND AS PROVIDED FOR IN SCHEDULE "A", ATTACHED HERETO, ESTABLISHING 10 of 329 Rescheduled Final Budget Hearing & CRA Budget Hearing September 30, 2022 Page 3 AUTHORITY OF THE CITY MANAGER TO IMPLEMENT THE BUDGET; PROVIDING FOR SEVERABILTTY; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. MOTION by Council Member Dodd and SECOND by Council Member Nunn to approve Resolution No. R-22-26. Roll call: Council Member Dodd - aye Council Member McPartlan - aye Council Member Nunn - aye Mayor Hill - aye Vice Mayor Jones - aye Motion carried. 5-0 6. Mayor Hill recessed the City Council meeting and convened the Community Redevelopment Agency. A. Conduct Public Hearinp, on CRA Budget for FY2023 — CRA Resolution No. R-23-01 (Transmittal. R-23-01. Exhibit A) A RESOLUTION OF THE CITY OF SEBASTIAN COMMUNITY REDEVELOPMENT AGENCY (CRA) ADOPTING A BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2022 AND ENDING SEPTEMBER 30, 2023; MAKING FINDINGS; AUTHORIZING AMENDMENTS AND TRANSFERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING AN EFFECTIVE DATE. The City Attorney read the title to CRA Resolution No. R-23-01. The City Manager advised that the CRA budget was required to be considered separately from the City's budget and asked for approval. There was no public input. MOTION by Mr. Nunn and SECOND by Mr. McPartlan to approve CRA Resolution No. R-23-01. Roll call: Mr. McPartlan - aye Mr. Nunn - aye Chairman Hill - aye Vice Chairman Jones - aye Mr. Dodd - aye Motion carried. 5-0 7. Chairman Hill adjourned the Community Redevelopment Agency and reconvened the City Council meeting at 5:08 p.m. All members were present. 11 of 329 Rescheduled Final Budget Hearing & CRA Budget Hearing September 30, 2022 Page 4 A. Resolution No. R-22-27 Approving the Six -Year Capital Improvement Program for the Fiscal Years 2023-2028 (Transmittal. R-22-27. Summarv) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A SIX -YEAR CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS ENDING 2023-2028; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title to Resolution No. R-22-27. The City Manager asked for approval of the six -year plan. There was no public input. MOTION by Vice Mayor Jones and SECOND by Council Member McPartlan to approve Resolution No. R-22-27. Roll call: Council Member Nunn - aye Mayor Hill - aye Vice Mayor Jones - aye Council Member Dodd - aye Council Member McPartlan - aye Motion carried. 5-0 B. Resolution No. R-22-28 Readopting the Financial Policies for Fiscal Year 2022- 2023 (Transmittal, R-22-28, Attachment A) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING FINANCIAL POLICIES GOVERNING VARIOUS AREAS OF BUDGET AND FINANCE AS PROVIDED FOR IN ATTACHMENT "A"; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title to Resolution No. R-22-28. The City Manager advised this policy governs how the City manages the budget and asked for approval. MOTION by Council Member Dodd to approve Resolution No. R-22-28 who noted that anyone who is interested in how the City operates and handles the City's money should pull this document up on the City's website; SECOND by Council Member McPartlan. There was no public input. Roll call: Mayor Hill - aye Vice Mayor Jones - aye Council Member Dodd - aye Council Member McPartlan - aye Council Member Nunn - aye Motion carried. 5-0 12 of 329 Rescheduled Final Budget Hearing & CRA Budget Hearing September 30, 2022 Page 5 Mayor Hill thanked everyone for taking care of the budget items that will begin the new fiscal year on October I" and asked Council to consider carrying forward the remainder of the September 28`h agenda to October 5a' or the 121h MOTION by Council Member Dodd and SECOND by Vice Mayor Jones to forward the remaining agenda items to October 120' to include the public hearing on the Community Development Block Grant. There was no public input and the motion passed with a unanimous voice vote. (5-0) Mayor Hill advised that he declared a local State of Emergency on September 26, 2022 for Hurricane Ian which is set to expire on October P. The City Manager advised that the County does not plan to extend their emergency declaration past October P and suggested he wasn't aware of any reason for the City to extend our declaration. He asked Council if they would like to extend the City's declaration. He said Hurricane Ian's impact to Sebastian did not qualify for FEMA reimbursement for debris pickup which is an inconvenience for residents but not a detriment to life, health, safety or property at this time. Public Inbut Detective Ken McDonough representing the police employees, said on Friday, September 23 there was to be a negotiation meeting with the City but it was cancelled the day before. He said the employees are asking him where they stand since the budget was just finalized. Mayor Hill advised him that Council would not engage in any negotiations from the dais and asked him to contact the City Manager. Detective McDonough advised a proposal was offered to the City before the meeting was cancelled and he asked if that was presented to Council. Mayor Hill advised he would need to ask the negotiation committee. Council Member Dodd noted that during the budget discussions, Council was advised by the CFO that there could budget exceptions after the negotiations were completed. The City Manager thanked staff that worked hard during Hurricane Ian to keep the City functioning. Mayor Hill also thanked staff and expressed concern for those cities on the west coast that received the impact and will spend months rebuilding their lives. Vice Mayor Jones said he was out after the hurricane and the City's crews were doing a wonderful job. He noted for the public's benefit that there wouldn't be a citywide FEMA debris pickup. Only Waste Management subscribers would have their debris picked up on the normal route otherwise residents should take their debris to the landfill. 13 of 329 Rescheduled Final Budget Hearing & CRA Budget Hearing September 30, 2022 Page 6 Council Member McPartlan advised that if people have old couches and dressers they should call Waste Management and ask for a bulk pickup. He said he received many compliments from residents on how the City handled the hurricane. He asked that if people have a way to help those on the west coast to do so because they would help us. Council Member McPartlan also reported that former City Manager Joe Griffin had passed away recently. He was a great leader for the City and a mentor for many. Council Member Nunn also thanked every City employee he saw after the hurricane. He asked that everyone be patient as things are taken care of and be safe. 6. Being no further business, Mayor Hill adjourned the meeting at 5:29 p.m. Approved at the November 21, 2022 Regular City Council meeting. Mayor ATTEST.' Jeanette Williams, City Clerk 14 of 329 on Of CSEFBASTL HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING & COMMUNITY REDEVELOPMENT AGENCY MINUTES WEDNESDAY, OCTOBER 12, 2022 — 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor Hill called the Regular Meeting to order at 6:00 p.m. 2. A moment of silence was held. 3. Council Member Dodd led the Pledge of Allegiance. 4. ROLL CALL Mayor Jim Hill Vice Mayor Fred Jones Council Member Ed Dodd Council Member Bob McPartlan Council Member Chris Nunn Staff Present: City Manager Paul Carlisle City Attorney Manny Anon, Jr. City Clerk Jeanette Williams Leisure Services Director Brian Benton Community Development Director Lisa Frazier Administrative Services Director/CFO Ken Killgore Asst. Administrative Services Director Cindy Watson City Engineer/Public Works Director Karen Miller Airport Manager Jeff Sabo Police Captain Tim Wood AGENDA MODIFICATIONS There was no objection to Council Member Dodd's request to add the discussion of the City's Local State of Emergency after agenda item #S. 6. PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS 22.171 A. Florida Leaeue of Cities President Jolien Caraballo and Ambassador Ervn Russell Presentation to Mavor Jim Hill — John Land Years of Service Award for 20 Years of Service 15 of 329 Regular City Council Meeting October 12, 2022 Page 2 Ms. Russell joined Mayor Hill and President Caraballo at the podium. She recognized Mayor Hill with the John Land Years of Service Award for his 20 years of service to the City. Mayor Hill thanked the community for their support for the last two decades and affirmed the City's membership in the Florida League of Cities has also been a blessing to the community. He noted that Council Member Dodd is on the league's board of directors which will bring the light of Sebastian throughout the State of Florida. 22.171 B. Florida League of Cities President Jolien Caraballo and Ambassador Ervn Russell Presentation to Council Member Ed Dodd — 2022 Leizislative Session Home Rule Hero Award Ms. Russell then recognized Council Member Ed Dodd who received the 2022 Home Rule Hero Award for giving the local government's perspective to state officials during this past legislative session. Council Member Dodd thanked Ms. Russell and said, "local voices for local choices" is the key to representing the citizens. President Caraballo expounded on his comment that local control provides the ability to call the council members and let them know what you need in your community. She said Sebastian has excellent representation with the Florida League of Cities and asked that everyone band together and ensure they protect home rule. 22.172 C. Proclamation - National Make a Difference Dav — October 22. 2022 - Florida Societv Children of the American Revolution State President James Hamilton Mayor Hill read and presented the proclamation to Mr. Hamilton. Mr. Hamilton explained the Children of the American Revolution trains the youth of American to have patriotism, love of country and heritage. 22.172 D. State President James Hamilton Special Recoinition to Citv Council "Come and Recognize Evervone Serving" Mr. Hamilton presented a certificate and pin to Mayor Hill for recognizing him, his program and his service to the community through the proclamation previously presented. 22.173 E. Proclamation — Inflammatory Breast Cancer Awareness Month — October — Accented by Dr. Hollv Hamilton Mayor Hill read and presented the proclamation to Dr. Hamilton. She thanked Council for bringing awareness to this cancer that affects many in the community. She invited everyone to the Hunt for Hope in Riverview Park on Saturday. 16 of 329 Regular City Council Meeting October 12, 2022 Page 3 Presentation to Mavor Jim Hill Vice Mayor Jones presented an award on behalf of Council and the employees to Mayor Hill for his 20 years of service to the community. Mayor Hill acknowledged that while Council is dedicated to community, it's the employees that make everything tick in the City of Sebastian. BriefAnnouncements: Saturday, October 15'h — 2"d Annual Unity Cup Golf Tournament Fundraiser for the COPE Unit — Sebastian Municipal Golf Course - 7: 00am to 3: 00pm Thursday, October 20th — Sebastian PD Community Night Out — Riverview Park — 5: 00pm — 7: 30pm — Serving snowcones, popcorn, and hotdogs Saturday & Sunday, October 22 & 23 — Barb Snow's Halloween Boo Bash — Riverview Park — (Sat 9: 30am-5pm) (Sun 1Oam-4pm) October 24 until November 5 Early Voting in the Council Chambers from 8 a.m. until 4 p.m. Friday, October 28th — Leisure Services Department Halloween Costume Contest — registration begins @ 5:30pm — Actual contest @ 6:15pm — Sebastian PD COPE Unit's Family Movie Night — 7:06pm — 8:30pm — in the field next to the Twin Piers - "Hocus Pocus " (1993 — Rated PG) Saturday, October 29th — Sebastian Exchange Club Junior Blue Water Open Fishing Tournament— Twin Piers by Riverview Park— 9: 00am — 2: 00pm November 4'h, Srh, 6rh - The 19'h Annual Clambake Lagoon Festival at Riverview Park — (Friday 2-9pm) (Saturday 11am-9pm) (Sunday Ham-5pm) Thursday, November 10th — FDOT Public Meeting for the U.S. I Reconstruction and Resurfacing — Council Chambers Friday, November 11'h — Veterans Day Observance at Veterans Memorial in Riverview Park — l l am Vice Mayor Jones announced the upcoming events. 7. Mayor Hill recessed the City Council meeting and convened the Community Redevelopment Agency meeting at 6:20 p.m. A. MOTION by Mr. Dodd and SECOND by Mr. Nunn to approve the minutes of the July 27, 2022 CRA Meeting passed with a unanimous voice vote of 5-0. 17 of 329 Regular City Council Meeting October 12, 2022 Page 4 22.159 22.160 B. Septic -to -Sewer Grant Program Approve Grant Reauest for 1716 U.S. Highwav I — Krasco Real Investments. Inc. (Transmittal, Application. Ouote. Tax Receipt. Deed. Letter The City Manager asked the board to approve the grant request in the amount of $5,000.00. There was no public input. MOTION by Mr. Dodd and SECOND by Mr. Nunn to approve the grant request from Krasco Real Investments. Roll call: Vice Chairman Jones - aye Mr. Dodd - aye Mr. McPartlan - aye Mr. Nunn - aye Chairman Hill - aye Motion carried. 5-0 C. Approve DEO Grant Agreement for Riverfront CRA Sustainable Economic Redevelopment Plan (Transmittal, Contract. Letter) The City Manager said this would provide for an economic plan along the river. There was no public input. MOTION by Vice Chairman Jones and SECOND by Mr. Dodd to approve the Florida Dept. of Economic Opportunities Grant Agreement for the CRA Sustainable Economic Redevelopment Plan. Roll call: Mr. Dodd - aye Mr. McPartlan - aye Mr. Nunn - aye Chairman Hill - aye Vice Chairman Jones - aye Motion carried. 5-0 D. Approve CSA #4 GAI Consultants. Inc. Communitv Solutions Group (GAI/CSG) DEO FY 2022-2023 Communitv Planning Technical Assistance Grant (Transmittal. CSA#4. Ex. A) The City Manager said this would allow GAI Consultants to develop the sustainable economic plan for the riverfront. There was no public input. MOTION by Mr. Dodd and SECOND by Mr. Nunn to approve the Continuing Services Authorization #4 to GAI Consultants, Inc. 18 of 329 Regular City Council Meeting October 12, 2022 Page 5 Roll call: Mr. McPartlan - aye Mr. Nunn - aye Chairman Hill - aye Vice Chairman Jones - aye Mr. Dodd - aye Motion carried. 5-0 8. Chairman Hill adjourned the Community Redevelopment Agency meeting and reconvened the City Council meeting at 6:24 p.m. All members were present. Added LOCAL STATE OF EMERGENCY The City Manager said extending the City's emergency was a precautionary measure to receive FEMA authorization to bring in a debris contractor to take away the storm related vegetation from Hurricane Ian. There was no public input. MOTION by Council Member Dodd and SECOND by Council Member Nunn to approve the Declaration of a Local State of Emergency in the City of Sebastian passed with a unanimous voice vote. (5-0) 9. PUBLIC INPUT Leonel Morejon-Almagro introduced himself and said he would like to be on the next agenda with an outline on how to bring a 24 hour, seven day a week children's emergency clinic to Sebastian. Mayor Hill advised him to contact the City Manager. Trevor Loomis, President, Indian River Habitat for Humanity, briefly described the lack of affordable workforce housing and said Habitat for Humanity would like to work with the City to acquire land to mitigate the housing crisis issues. Frank Nolan described the difficulties in obtaining affordable housing for himself and his friends. He warned there will be additional homeless people unless something is done to address the housing crisis. Sarah Carlson said in 2017, she bought an older home surrounded by vacant lots which is no longer the case. New homes, built higher to the new code, have filled in the vacant lots making her home the new neighborhood retention pond. She said she has spoken to the Stormwater Department who has informed her that addressing the flooding issue was her responsibility. She has spent $10,000 to make corrections and doesn't feel that she is done yet. She asked if there was anything that can be done for her and the others like her with older homes. Mayor Hill asked her to contact the City Manager directly. 19 of 329 Regular City Council Meeting October 12, 2022 Page 6 10. CONSENT AGENDA A. Approval of Minutes — September 13, 2022 Regular City Council/1st Budget Hearing 22.161 B. Authorize the City Manager to Enter into an Agreement to Transfer the Ownership of the Newly Constructed Airport Sewer System and New Public Works Facility Potable Water Service to the Indian River County Utility Services Department (Transmittal, Legal Description) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE TRANSFER OF OWNERSHIP, THROUGH A BILL OF SALE, FOR THE NEWLY CONSTRUCTED AIRPORT SEWER SYSTEM AS WELL AS THE NEW PUBLIC WORKS COMPOUND'S POTABLE WATER SYSTEM, THIS SALE WILL BE BETWEEN THE CITY OF SEBASTIAN, CARE OF WRIGHT CONSTRUCTION, TO INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES; PROVIDING FOR CONFLICT; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. 22.174 C. Award Invitation to Bid #22-10 Re -Bid to Curren Flooring Company for the Installation of New LVT Flooring at the Police Department in the Amount of $20,514.21 and Authorize the City Manager to Execute the Appropriate Documents (Transmittal, Bid Docs) 22.162 D. Approve CSA #5 Under the Schulke, Bittle, & Stoddard, LLC under the "As - Needed Engineering Consulting Services Agreement" for Consulting Services to Provide Surveying, Design, and Construction Administration for a Replacement Box Culvert at the Crossing of Schumann Drive over the Schumann Waterway in the Amount of $44,120 and Authorize the City Manager to Execute the Appropriate Documents 22.163 E. Resolution No. R-22-29 — FDOT PTGA — Providing for the Repainting of the Markings on Runway 10-28 and Taxiway Bravo and Authorize the City Manager to Execute the Appropriate Documents (Transmittal, Agreement, R-22-29) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION GRANT AGREEMENT (PTGA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR FUNDING THE DESIGN COST OF FM450933-1-94-01 "RUNWAY 10-28 AND TAXIWAY BRAVO MARKINGS" AT THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. 22.137 F. Approve the Temporary Storage Lease Agreement at the Sebastian Municipal Airport for the Rotary Club of Sebastian, Inc. (Transmittal, Agreement) 22.164 G. Approve the Temporary Storage Lease Agreement at the Sebastian Municipal Airport for the Sebastian Clambake Foundation, Inc. (Transmittal, Agreement) 20 of 329 Regular City Council Meeting October 12, 2022 Page 7 22.165 H. Approve the Emergency Expenditure to Remove Two In -Ground Fuel Tanks on the Harbor Lights Property by AST Florida Environmental in the Amount of $16,000 and Authorize the City Manager to Execute the Appropriate Documents (Transmittal, Cost Estimate, Code) 22.175 I. Approve the Third Party Confidential Settlement Agreement with Ms. D. Lamoureux at No Cost to the City and Authorize the City Manager to Execute the Required Documents (Transmittal) 22.166 J. Approve Alcoholic Beverages for the Rigaud Family Event at the Community Center on October 22, 2022 from 4:00 p.m. to 11:00 p.m. - Permittee DOB Verified (Transmittal, Application, Receipt) 22.167 K. Approve Alcoholic Beverages for the Siena Family Event at the Yacht Club on November 19, 2022 from 11:00 a.m. to 4:00 p.m. - Permittee DOB Verified (Transmittal, Application, Receipt) 22.168 L. Approve Alcoholic Beverages for the Harden Family Event at Community Center on November 26, 2022 from 4:00 p.m. to 10:00 p.m. - Permittee DOB Verified — (Transmittal, Application, Receipt) 22.169 M. Consider Allowing the Use of the Community Center at No Charge by AA Alco- Thon of Sebastian to Serve as a Place of Refuge During the Holiday Season (Transmittal, Request, Application, Schedule) MOTION by Council Member Dodd and SECOND by Vice Mayor Jones to approve the consent agenda items A-M. Roll call: Mayor Hill - aye Vice Mayor Jones - aye Council Member Dodd - aye Council Member McPartlan - aye Council Member Nunn - aye Motion carried. 5-0 11. COMMITTEE REPORTS & APPOINTMENTS 22.034 A. Plannine and Zoning Commission (Transmittal. Annlications. List. Ad. R-12-38) i. Fill One Unexpired, Alternate Member Position — Term to Expire January 1, 2023 Vice Mayor Jones nominated Dennis Haddix. Council Member Nunn nominated Susan Lorusso. There were no further nominations. 21 of 329 Regular City Council Meeting October 12, 2022 Page 8 Roll call on the nominations Vice Mayor Jones - Haddix Council Member Dodd - Haddix Council Member McPartlan - Lorusso Council Member Nunn - Lorusso Mayor Hill - Haddix Dennis Haddix was appointed to fill the unexpired term until January 1, 2023. 22.097 B. Construction Board (Transmittal, Applications, List, Ad) i. Fill One Regular Member, Electrical Contractor Position — New Term will Expire September 30, 2025 ii. Fill One Alternate Member, Concerned Citizen Position — New Term will Expire September 30, 2025 MOTION by Council Member Nunn and SECOND by Vice Mayor Jones to renew the current incumbents for the two positions. Mr. Scheskowsky was appointed to serve in the regular member, electrical contractor position until September 30, 2025. Mr. Roberts was appointed to serve in the alternate member, concerned citizen position until September 30, 2025. 12. PUBLIC HEARINGS A. Public Hearing — Fair Housing Training and Communitv Develooment Block Grant Program Review 22.001 i. The City is Seeking Input from Potential Stakeholders, Community -Based Organizations, Non -Profits, Local Governments, Low -Income Residents and the General Public on the Current Program and the Needs of Low - Income Citizens (Transmittal, Synopsis, Poster) Corbett Alday, Guardian Community Resource Management, CDBG Administrative Services Consultant described the parameters of Fair Housing Act and gave the annual housing activity update on the program. (See attached PowerPoint presentation) There were no questions or comments regarding the Fair Housing Act. 22.001 ii. Award Invitation to Bid (ITB#22-11) CDBG Housing Rehabilitation Proiect Funding to Oualified Bidders to Rehabilitate Four Single-Familv Home Units in an Amount Not to Exceed $100.000.00 (Transmittal, Bid Tab. Exhibits A-E, Attachment A) Mr. Alday reported that he has four qualified low -to -moderate houses to serve. There is $104,824 in the construction budget with a $2,731 carry over, leading to a total budget of $107,555 that will provide an average of $21,746 worth of 22 of 329 Regular City Council Meeting October 12, 2022 Page 9 improvements per house; leaving $18,570 for possible change orders. Mr. Alday said construction would take place from October to January. For the next funding cycle, he plans to advertise in November; hold orientation in December; evaluate applications in January/February; hold inspections during February/March; distribute invitations to bid in April/May; and begin construction in June/July. MOTION by Council Member Dodd and SECOND by Vice Mayor Jones to award the project funding to the qualified contractors to rehabilitate the four single-family homes under the Community Development Block Grant Program. There was no public input. Roll call: Council Member Dodd - aye Council Member McPartlan - aye Council Member Nunn - aye Mayor Hill - aye Vice Mayor Jones - aye Motion carried. 5-0 22.098 B. Ordinance 0-22-13 — First Readine and Transmittal Hearinp-- Request for Comprehensive Plan Future Land Use Mai) and Text Amendment — Graves Brothers Comnanv (Transmittal. 0-22-13. Staff Renort. Justification Statement, P&Z Minutes) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, RELATING TO THE COMPREHENSIVE PLAN; AMENDING THE FUTURE LAND USE MAP BY ESTABLISHING A LAND USE CLASSIFICATION OF MU (MIXED USE) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION OF AG-1 (AGRICULTURAL) ON PROPERTY CONSISTING OF 1913.593 ACRES, MORE OR LESS, LOCATED SOUTH OF COUNTY ROAD 510, WEST OF LAND ADJACENT TO 74TH, AVENUE, NORTH OF 69TH STREET, AND EAST OF 90TH AVENUE; AMENDING THE LAND USE ELEMENT WITH SITE SPECIFIC POLICIES; AUTHORIZING ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY/INTERPRETATION; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR AN EFFECTIVE DATE AND PROVIDING AN ADOPTION SCHEDULE. The City Attorney read the title to Ordinance No. 0-22-13 and Mayor Hill opened the public hearing at 7:02 p.m. The City Manager said this was for the future land use as recommended unanimously by the Planning and Zoning Commission. Dr. Graham Cox said he would like to see an annexation agreement before they change the use of the land. 23 of 329 Regular City Council Meeting October 12, 2022 Page 10 Dr. Tim Glover, President, Friends of St Sebastian River, said he would like assurances that resources will be protected and there will be amenities in the public interest provided through the annexation agreement. The Indian River Neighborhood Association, the Pelican Island Audubon Society and the Clean Water Coalition would like to see increased stormwater retention. Peter Hinck, Sebastian resident, said he has been listening to all of the organizations and he wanted to let Council know that they have the best interests for Sebastian in mind and asked them to work together. Charles Stadelman said he would like to see all of the City's boards included on the land use to give input on the water quality, wildlife and types of housing that are planned for the property. Dianna Bolton said this annexation will provide for 10-12 units per acre which comes up to about 40,000 more new residents and argued there was no provision for green space or conservation. Mayor Hill asked if she reviewed the agenda transmittal because what she was saying wasn't true. She said she did not. Council Member Dodd said the rezoning of this property will be done in the planned unit development process which will become a legal part of the land use map that can't be changed. He went over the site specific policy conditions pertaining to the mixed use development section of Ordinance No. 0-22-13 with his comments in bold italics: Policy 1-1.7.1: 1913.593 +/- acre property located South of County Road 510, West of Land Adjacent to 74f' Avenue, North of 69i1' Street, and East of 900 Avenue, more specifically described in City Ordinance No. 0-22-13 shall be developed subject to the following policies: a. Rezoning of the property shall be done through a Planned Unit Development process as described in Article XX of the Land Development Code. The owner will come back to the City with a preliminary plat that identifies what and where they plan on building within that development and once Council approves that preliminary plat, they can't change it without coming back for approval again. b. Housing types shall be mixed to meet various income levels and lifestyle choices. There are many laws that talk about property rights and we can ask a developer to do mixed types of income but we can't tell him what to build; that's a property rights issue however we can defend our mixed use criteria in court. c. Future dedication of ROW upon mutual consent of the land owner to the appropriate entity that promotes an interconnected, extended and improved grid road system, along with a well planned transportation system of roads and streets throughout the development, in coordination with Indian River 24 of 329 Regular City Council Meeting October 12, 2022 Page 11 County, to specially include 81" Street, 77"' Street, and 73'd Street, as well as 74'h Avenue. We have identified some roads the City is interested in. d. Provision for a mixed -use "Town Center" area. The developer will build a town center that will have a residential area around the center in some way and it shouldn't be confused with what is happening on CR510 because that project includes a town center with a residential area behind the town center. e. Future dedication and donation of institutional lands necessary for governmental services such as post offices, public safety, schools, etc. that may be needed for increases in necessary services, as identified by concurrency analysis in accordance with the City of Sebastian land development codes and ordinances at the time of development. That is allpart of what they are going to do with the land. f. Strategic assembly of commerce and industrial development consistent with the City's Comprehensive Plan Mixed Use Land Use. This talks about commercial and industrial, if there will be industrial development. g. Future dedication of conservation lands to appropriate entity at the time of development to include any natural areas of significant importance, and the provision of greenway trails to promote a system of connectivity and access consistent with the City's Comprehensive Plan and land development codes. This is included in this document: h. Dedication of City Park and recreational lands above what will be required in the individual residential subdivision developments. Allocation of parks and recreational lands consistent with the City's Comprehensive Plan and land development coeds specifically: a minimum of 2 acres/1000 residents of publicly accessible recreation lands, and a minimum of 2 acre/1000 residents of other recreational lands. This is included in this document. i. Increased buffers adjacent to low density areas outside of the PUD area. This is included in this document. j. As a condition of future developments, sufficient land area shall be allocated for infrastructure required to support the development and mandate hook-up to central potable water and wastewater systems for new developments prior to receiving development orders. Therefore, the proposed development, the Graves Brothers Sebastian South, must provide sewer and water service as a condition of development. These services may be provided by the County however no septic systems would be allowed in accordance with City policy and land development codes. This means that the property owner has to deal with the County's utility. k. The property shall be master planned on a minimum of no less than 500 acre units as part of an overall Planned Development project using the PUD zoning district and process. The property owner can come back with a preliminary plat with a 500 acre tract and what they intend to do with it but they can't develop in 100 acre tracts. 25 of 329 Regular City Council Meeting October 12, 2022 Page 12 1. The property shall consist of a mix of uses of a minimum of 30 percent non- residential to 70 percent residential. This is consistent with mixed use categories across the state. The only way to get affordable housing is to get smaller footprints and higher densities/smaller lot sizes. m. The property shall require a minimum aggregate total of 50% open space. Each of the following uses shall qualify to meet the open space requirement: conservation area; greenways and trails; all public parks greater than one acre, whether passive or recreational; pervious portions of agricultural land; all common open space; upland preserves; undeveloped lands suitable for passive recreation, conservation, stormwater uses, wetlands preservation, preservation of habitat for protected species which is left un-developed, and any portions of the Real Property conveyed to the County or City for a wastewater treatment plant, fire station or police station, golf courses shall not be considered to be open space. He said all of the arguments are covered in this document. He said the annexation agreement that is being worked on will solve all of the other problems but there is a process the City has to follow; they can't solve all of the problems before they do anything. The City intends to follow the process by sending this FLUM to the state, Treasure Coast Regional Planning Council and the County. MOTION by Council Member McPartlan and SECOND by Council Member Dodd to approve the future land use map for the Graves Brother property on first reading for transmittal to the Department of Economic Opportunities. Council Member Nunn asked that if the groups want to have Council take them seriously to stop spreading misinformation and use the information that is in the agenda backup. Vice Mayor Jones added the citation from the Land Use Element of the City's Comprehensive Plan: The "Mixed Use" FLUM designation and PUD development approval process provides the City with tools and the regulatory authority to guide and direct the location, uses and intensities of residential and non-residential uses, while providing additional regulations to ensure land use compatibility, buffering and open space provisions, prevention of urban sprawl, and protection and management of natural resources. Roll call: Council Member McPartlan - aye Council Member Nunn - aye Mayor Hill - aye Vice Mayor Jones - aye Council Member Dodd - aye Motion carried. 5-0 13. UNFINISHED BUSINESS - None 26 of 329 Regular City Council Meeting October 12, 2022 Page 13 14. NEW BUSINESS 22.024 A) Resolution No. R-22-30 — FDOT PTGA for the Design and Construction of Four Square Hangars at the Sebastian Municipal Aimort and Authorize the Citv Manager to Execute the Appropriate Documents (Transmittal Agreement, R-22- A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION GRANT AGREEMENT (PTGA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR FUNDING THE COST OF PROJECT NUMBER FM445949-1-94-01 FOR THE DESIGN AND BUILDING OF FOUR SQUARE HANGARS AT THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Manager explained that originally staff was trying to have two square hangars built but could not get the construction materials into the budget. Subsequently the City received a grant for two additional hangars. To receive a scale of value, the City Manager requested Council to consider the construction of all four hangars at once. The City Attorney read the title of Resolution No. R-22-30. There was no public input. MOTION by Council Member McPartlan and SECOND by Council Member Nunn to approve Resolution No. R-22-30. Roll call: Council Member Nunn - aye Mayor Hill - aye Vice Mayor Jones - aye Council Member Dodd - aye Council Member McPartlan - aye Motion carried. 5-0 22.106 B) Approve a Stonecrop Drainage Improvements Phase II Contract with the Florida Division of Emergencv Management's Hazard Mitigation Grant Program with a Match of $354.511 and Authorize the Citv Manager to Execute the Appropriate Documents (Transmittal. Contract) The City Manager said this project location is one of the main outfalls for the central part of the highlands towards the river. He requested approval. MOTION by Vice Mayor Jones and SECOND by Council Member Dodd to approve the Stonecrop Drainage Improvements Phase II Contract with the Florida Division of Emergency Management. The City Engineer displayed a map of the Laconia Street area that will improve with the project. 27 of 329 Regular City Council Meeting October 12, 2022 Page 14 Roll call: Mayor Hill - aye Vice Mayor Jones - aye Council Member Dodd - aye Council Member McPartlan - aye Council Member Nunn - aye Motion carried. 5-0 22.075 C} Annrove the Recommended Increase in Wases to Exempt Personnel Based on the Waae and Comnensation Studv (Transmittal. Chart) MOTION by Council Member Dodd and SECOND by Vice Mayor Jones to table this item until the completion of union negotiations passed with a voice vote of 4-1. (Nay - Council Member Nunn) Council Member Dodd said the traditional process has been that union negotiations are completed then exempt employees receive the same increase structure as the union receives. 22.170 D) Avorove the Application Process of a 319(h) Grant to Convert the Remaining Properties in the CRA from Septic to Sewer - Consider Commitment Match (Transmittal. Summarv) The City Manager asked if Council would like to actively seek the 319 grant that will pay for the connections and part of the infrastructure. The commitment would require a 40% match to make the grant award viable. Applications would be reviewed in March/April preceding an application deadline of January/February. He said 95% of the property owners must agree to convert to receive the award. He said he provided a chart of what it would cost for the property owners to convert their septic systems on their own but the City does not have an estimate for the property owners with the 319 grant coupled with additional grant monies from the County to cover the lift station. Council Member Dodd said the issue is the 95% acceptance rate required by the property owners. The state does have a statute that requires that once the collective system is available you have to hook up within one year but no one enforces the statute. He said the federal government is putting $500M in a 1% loan program, for five years, to create these kinds of new utilities that are needed. The County could apply for this money and probably ask the City to help pay for it. He said this next five year window is the time to strike. He said they will need to let the property owners know the cost and ask them to pay for it. If the property owner says no, they will have to pay a $150-$200 a day code violation fee (until they hookup) plus the cost of hooking up which Council must be willing to enforce. His contention is that if they can't make it happen in CRA they don't even need to talk about the highlands; it is an important first step. 28 of 329 Regular City Council Meeting October 12, 2022 Page 15 Council Member McPartlan and Mayor Hill agreed. The septic tanks in the CRA district are so close to the river. Council Member Nunn and Vice Mayor Jones suggested getting the environmentalists on board to help push this agenda. MOTION by Council Member Dodd and SECOND by Council Member Nunn to approve the implementation of the septic to sewer program within the CRA and authorize the City Manager to spend up to $25,000 for support services to prepare the paperwork required. Rufus Standefer said he has been talking to scientists who report the most alarming issue in the river is the disappearance of the small critters. As a photographer, he offered to do anything he could to show what they can't see. Roll call: Council Member Dodd - aye Council Member McPartlan - aye Council Member Nunn - aye Mayor Hill - aye Vice Mayor Jones - aye Motion carried. 5-0 15. CITY ATTORNEY MATTERS The City Attorney reported there would be police negotiations the next day with the new union and the Public Employee Relations Commission has finally issued an order to have the general employees vote in the new union. 16. CITY MANAGER MATTERS The City Manager announced the ribbon cutting for the new Public Works Facility would be held October 19'h from 11:30 a.m. to 1:30 p.m. and invited the public to come out. He said the one-time pickup of vegetation debris would be starting any day. 17. CITY CLERK MATTERS The City Clerk expressed her gratitude for serving the residents with Mayor Hill during the last 20 years. 18. CITY COUNCIL MATTERS A. Vice Mayor Jones did not have any additional matters. B. Council Member McPartlan said he has been in Port Charlotte for a week assisting with the hurricane recovery and the news coverage isn't giving the level of devastation any justice. He praised those that have been helping with donations and advised that people should make sure the charities are reputable before making donations. 29 of 329 Regular City Council Meeting October 12, 2022 Page 16 C. Council Member Nunn thanked the City Manager for working on debris removal. He apologized for the frustration he displayed earlier in the meeting noting there are groups that do the right thing and he appreciated that. D. Council Member Dodd said affordable/attainable housing is going to be a hot topic in Tallahassee starting March and because it is a major issue throughout the state, he asked if anybody has any good ideas to send them to him at his City's email address, cdoddOcitvofsebastian.org, and he will transmit them to Tallahassee. He stated this was Mayor Hill's last meeting and he recognized how much he has contributed to the City over the last 20 years and invited the public to give him a round of applause. E. Mayor Hill said he was grateful that the citizens have allowed him to serve as Mayor and Council Member and be a part of a lot of amazing things during the last 20 years. He said while Council receives the praise, staff members are the real people who do the work and he recognized former City Attorneys Richard Stringer, Bob Ginsburg, Jim Stokes and current City Attorney Manny Anon. He also recognized former City Managers Terrence Moore, Al Minner, Joe Griffin and current City Manager Paul Carlisle. He also recognized his favorite people, former City Clerk Sally Maio and current City Clerk Jeanette Williams. In recalling the Council Members that he has worked with, he said his mentor was Walter Barnes who was elected the same time as him and served as Mayor for four years straight. He said Walter Barnes taught him how to handle meetings with grace and elegance. He also said it has been a pleasure working with Council Member Dodd, who is also an example of grace and elegance. With regard to the current Council, he said the future is in great hands and he was very proud to call them his friends. 19. Being no further business, Mayor Hill adjourned the Regular City Council meeting at 8:1 1 p.m. Approved at the November 21, 2022 Regular City Council Meeting Mayor Jeanette Williams, MMC— City Clerk 30 of 329 0 n Of 5 HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL SPECIAL MEETING MINUTES WEDNESDAY, OCTOBER 19, 2022 — 5:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA l . Vice Mayor Jones called the Special Meeting to order at 5:00 p.m. 2. A moment of silence was held. 3. The Pledge of Allegiance was recited. 4. Roll Call Vice Mayor Fred Jones Council Member Ed Dodd Council Member Bob McPartlan Council Member Chris Nunn Absent Mayor Jim Hill (excused) Staff Present: City Manager Paul Carlisle City Attorney Manny Anon, Jr. City Clerk Jeanette Williams Community Development Director Lisa Frazier Police Chief Dan Acosta 5. Consider Extending the Hurricane Ian Declaration of Local State of Emergency The City Manager said at the last meeting Council enacted the emergency declaration to receive assurances that we wouldn't have issues with FEMA reimbursement for the debris pickup. The debris collection will begin Monday to pick up only loose vegetation on a one-time pass through the City. He asked Council to consider extending the state of emergency with the hope of receiving FEMA reimbursement for the citywide pickup. He noted the Waste Management will continue to pick up containerized debris from their subscribers. For those that do not subscribe to Waste Management service, they will have to take their debris to the landfill. MOTION by Council Member Nunn and SECOND by Council Member Dodd to approve the extension of the local state of emergency. 31 of 329 Special City Council Meeting October 19, 2022 Page 2 There was no public input. The City Manager clarified that Waste Management will not pick up from a non - customer and the debris contractor will not pick up anything in a container. Roll call: Vice Mayor Jones - aye Council Member Dodd - aye Council Member McPartlan - aye Council Member Nunn - aye Mayor Hill - absent Motion carried. 4-0 6. Being no further business, Vice Mayor Jones adjourned the Special City Council meeting at 5:06 p.m. Approved at the November 21, 2022 Regular City Council meeting. Mayor ATTEST.• Jeanette Williams, MMC — City Clerk 32 of 329 BASTLA HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL SPECIAL MEETING MINUTES WEDNESDAY, OCTOBER 26, 2022 — 5:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Vice Mayor Jones called the Special Meeting to order at 5:00 p.m. 2. A moment of silence was held. 3. The Pledge of Allegiance was recited. 4. Roll Call Vice Mayor Fred Jones Council Member Ed Dodd Council Member Bob McPartlan Council Member Chris Nunn Absent Mayor Jim Hill (excused) Staff Present: City Manager Paul Carlisle City Attorney Manny Anon, Jr. City Clerk Jeanette Williams Deputy Police Chief Greg Witt 5. Consider Extendiniz the Hurricane Ian Declaration of Local State of Emerp-encv The City Manager said in an abundance of caution, he would like to extend the emergency declaration one more week while picking up debris, at least until November 2nd MOTION by Council Member Nunn and SECOND by Council Member McPartlan to extend the emergency declaration until November 2, 2022. There was no public input. Roll call: Vice Mayor Jones - aye Council Member Dodd - aye Council Member McPartlan - aye Council Member Nunn - aye Mayor Hill - absent 33 of 329 Special City Council Meeting October 26, 2022 Page 2 Motion carried. 4-0 6. Being no further business, Vice Mayor Jones adjourned the Special City Council meeting at 5:02 p.m. Approved at the November 21, 2022 Regular City Council meeting. Mayor ATTEST Jeanette Williams, MMC— City Clerk 34 of 329 HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetin-2 Date: November 21, 2022 Auenda Item Title: Prior Authorization for New Council Member Travel to Florida League of Cities Institute for Elected Municipal Officials (IEMO) January 20-21, 2023 — St. Augustine, Florida Recommendation: Authorize the new Council Member to attend the Florida League of Cities IEMO in accordance with City Code Section 2-15 which requires prior authorization for reimbursement of travel costs beyond 75 miles. Background: The Florida League of Cities provides officials with an intensive academic program that will assist them in effectively meeting the requirements of their elected role. If Agenda Item Requires Expenditure of Funds: Attachments: Administrative Services D City Attorney Review: Registration $300; two night hotel approximately $298; mileage and meals approximately $271 FLC Info epartment view: `� • l _ City Managers/ Authorization Date: /D/,) �'1-4Z 35 of 329 Yyz; FLORIDA LEAGUE OF CITIES Sign in Cart January 2023 Institute for Elected Municipal Officials The Florida League of Cities and the John Scott Dailey Florida Institute of Government are proud to bring you the Institute for Elected Municipal Officials I (1EMO 1). This educational program is specially designed for newly elected officials and those with less than one term in office. The Institute for Elected Municipal Officials I (1EMO 1) program will take place on January 20-21, 2023 at the World Golf Village Renaissance St. Augustine Resort, 500 South Legacy Trail, St. Augustine, Florida 32092. Who should attend IEMO? Created in 1992, the Institute for Elected Municipal Officials was designed to help elected officials in Florida's municipalities to effectively meet the requirements of their elected role. Its intensive academic program offers a comprehensive overview of Florida municipal government, presented by a faculty of top professionals in the field. IEMO is a two-day program structured in a Friday through Saturday format and is offered four times per year at several different locations throughout the state. Curriculum Curriculum is divided into six instructional modules, taught in the following sequence: • The Municipal Landscape in Florida • Public Official's Liability • Effective Council Techniques • Budgeting and Accounting • Taxes and Other Sources of Revenue • Parliamentary Procedures Your City's Attorney: Roles and Responsibilities These topics were selected to provide a comprehensive overview of the critical issues that are addressed by municipal government officials. It is suggested that participants review their municipal charter, policies and budget to prepare for the classes, and may want to bring these materials along. Speakers will provide hand-outs and resource material. 36 of 329 A certificate of attendance is provided upon successful completion of the program. *All classes must be attended* Hotel Reservations Reservations are made online, through the designated reservation link, and must be completed by Tuesday, January 10, 2023. To take advantage of the special reduced room rate, mention the Florida League of Cities / Institute for Elected Municipal Officials. Room rate starting at $149.00++ per night. Complimentary self -parking. A credit card is required to guarantee reservations. Cancelations Cancelation/transfer requests must be received and confirmed in writing by Monday, January 17, 2022 to be eligible for a refund. A $25.00 processing fee will be applied to all cancelations and/or transfers. Transfers must take place within the fiscal year. Substitutions are accepted and encouraged. Refunds will be processed after the program. We reserve the right to cancel the IEMO training. If the training is canceled, registration fees will be refunded in full. Schedule Friday, January 20,2023 7:30 a.m. - 8:00 a.m. Registration/Light Continental Breakfast 8:00 a.m. - 8:30 a.m. Introduction and Overview 9:30 a.m. - 12:15 p.m. The Municipal Landscape in Florida 10:15 a.m. Refreshment Break 12:30 p.m. - 1:45 p.m. Public Officials' Liability and Lunch Discussions 2:00 p.m. - 5:30 p.m. Effective Council Techniques 3:00 p.m. Refreshment Break 5:30 p.m. Adjourn for the day 5:30 p.m. - 6:30 p.m. Networking Reception Saturday, January 21,2023 7:30 a.m. - 8:00 a.m. Light Continental Breakfast 8:00 a.m. - 11:30 a.m. Budgeting and Accounting 10:15 a.m. Refreshment Break 11:30 a.m, - 12:30 p.m. Group Lunch 12: 30 p.m. - 3:00 p.m. Taxes and Other Sources of Revenue 3:00 p.m. Refreshment Break 3:15 p.m. - 5:00 p.m. Parliamentary Procedures Your City's Attorney's ; Roles and Responsibilities 5:00 p.m. Program concludes 37 of 329 an �� SERAST_N HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: November 21, 2022 Agenda Item Title: Approve the Purchase of One (1) BAD BOY ROGUE 61 in. zero turn mower and One (1) BAD BOY REVOLT 48 in. stand -on mower from Thompson Tractor Company for the Leisure Services Department and authorize the City Manager to execute the appropriate documentation. Recommendation: Staff recommends that City Council Approve the purchase of the (2) mowers in the amount of $17,501.30 from THOMPSON TRACTOR COMPANY and authorize the City Manager to execute the appropriate documents for the purchase. Background: Staff solicited bids for (2) new mowers to replace an aging 2014 John Deere 950 Zero Turn Mower and a 2014 John Deere 54" Zero Turn Mower. Both mowers have exceeded their lifespan. Staff has decided that it is best to replace the existing 54" Zero Turn mower with a Stand -On 48" mower to make it easier to mow curbed medians and other curbed areas within our Parks. The Thompson Tractor Co. bid is the lowest bid and staff recommends approval. If Agenda Item Reauires Expenditure of Funds: Budgeted Amount: $26,000.00 Total Cost: $17,501.30 Funds to Be Utilized for Appropriation: General Fund Attachments: 1. Price Estimates )? Administrative Services Department Review: City Attorney Review: 7iew, Procurement Division Ref a plicabi City Manager Authorization: i Date: 1 38 of 329 F74� To h£ THOMPSON TRACTOR CO. DATE : 1 1-6-2022 15601 ORANGE AVE. F". PIERCE, FLORIDA 34945 PROPOSAL # 68 772-460-9040 SALESMAN -- GRE H'EARN CUSTOMER: CITY OF SEBASTIAN ATT : ANTWON ADDRESS : 1225 MAIN ST. CITY: SEBASTIAN STATE : FL ZIP CODE: 32958 EMAIL - avonmerir@cityafsebastion.org PHONE # - 772-408-7644 SALES AGREEMENT QTY MAKE `MODEL SERIAL It DESCRIPTION _ PRICE 1 rBAD BRGi?235KA TBD NEW 72 IN BAD BOY ROGUE W/ $ l0,857.30 FX 10000-999CC KAWASAKI ENG. IN STOCK 'A IN. SOLID STEEL DECK, PARKER 18d WHEEL MOTERS, DUEL FUEL _ TANKS, 13 GAL. FUEL CAP. ROLL BAR, SUSPENSION SEAT, AND ALL OTHER STANDARD EQUIPMENT. �- 1 BAD BRG6135KA TBD-ORDER _NEW 61 IN. BAD BOY ROGUE W/ _ BOY SAME SPEC'SAS ABOVE 1 - BAD BRV48FXTBD-ORDER _ NEW 48 IN. REVOLT, STAND ON $6875,00 BOY 73 ✓_ COMMERCIAL MOWER, 726CC �� KAWASAKI ENGINE. NOT IN STOCK ' ? Sol. 10 ** PLEASE ALLOW 2-4 WKS. DELIVERY TIME. SALES TAX 7% / EXEMPT - $ EXEMPT OTHER/GATT/TIRE FEE - $1.50 / EA. SUB - -TOTAL -$ TRADE IN/ DOWN PAYMENT - $ DELIVERY CHARGE - $ TBD TOTAL - $ BUYERS SIGNIATURI_ - DATE - JOHN DEERE Selling Equipment Quote Id: 27564252 Customer Name: CITY OF SEBASTIANIPARKS & REC ALL PURCHASE ORDERS MUST BE MADE OUT TO (VENDOR): Deere & Company 2000 John Deere Run Cary, NC 27513 FED ID: 36-2382580 UEID: FNSWEDARMK53 ff Everglades sFure rsss ALL PURCHASE ORDERS MUST BE SENT TO DELIVERING DEALER: Everglades Equipment Group 6150 Orange Avenue Fort Pierce, FL 34947 772-461-5568 info@efe1963.com JOHN DEERE Z930M ZTrak Hours: Suggested List * Stock Number: $ 12,184.00 Contract: FL Ag & Lawn Equip 25101900-21-STC (PG F2 Selling Price * CG 22) $ 9,50a.52 Price Effective Date: December 14, 2020 * Price per item - includes Fees and Non -contract items Code Description Qty List Price Discount% Discount Contract Extended Amount Price Contract Price 216CTC Z930M ZTrak 1 $ 11,689.00 22.00 $ 2,571.58 $ 9,117.42 $ 9,117.42 Standard Options - Per Unit 001A United States/Canada 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 1036 24x12x12 Pneumatic Turf 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 Tire for 54 In. and 60 In. Decks 1504 60 In. Side Discharge 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 Mower Deck 2093 Fully Adjustable Suspension 1 $ 495.00 22.00 $ 108.90 $ 386.10 $ 386.10 Seat with Armrests (24" High Back) Standard Options Total $ 495.00 $ 108.90 $ 386.10 $ 386.10 Total Total Selling Price $ 12,184.00 $ 2,680.48 $ 9,503.52 $ 9,5 7 o�& / Nm= ""17,7/-7,-7 ,3 t-t-s Confidential 40of 329 aft so JOHN DEERE Everglades ALL PURCHASE ORDERS MUST BE MADE OUT ALL PURCHASE ORDERS MUST BE SENT TO (VENDOR): TO DELIVERING DEALER: Deere & Company Everglades Equipment Group 2000 John Deere Run 6150 Orange Avenue Cary, NC 27513 Fort Pierce, FL 34947 FED ID: 36-2382580 772-461-5568 UEID: FNSWEDARMK53 info@efe1963.com Quote Summary Prepared For: Delivering Dealer: CITY OF SEBASTIAN/PARKS & REC Everglades Equipment Group 1225 MAIN ST Wade Walker SEBASTIAN, FL 32958 6150 Orange Avenue Business: 772-589-5330 Fort Pierce, FL 34947 Phone: 772-461-5568 wwalker@evergladesfarmequipment.com Quote ID: 27564252 Created On: 05 October 2022 Last Modified On: 17 October 2022 Expiration Date: 31 October 2022 Equipment Summary Suggested List Selling Price Qty Extended JOHN DEERE Z930M ZTrak $ 12,184.00 $ 9,503.52 X 1 = $ 9,503.52 Contract: FL Ag & Lawn Equip 25101900-21-STC (PG F2 CG 22) Price Effective Date: December 14, 2020 Equipment Total * Includes Fees and Non -contract items $ 9,503.52 Quote Summary Equipment Total $ 9,503.52 Trade In SubTotal $ 9,503.52 Est. Service $ 0.00 Agreement Tax Total $ 9,503.52 Down Payment (0.00) Rental Applied (0.00) Balance Due $ 9,503.52 Salesperson : X Accepted By: X Confidential 41 ot- 329 aJOHN DEERE �� Everglades Selling Equipment Quote Id: 27564252 Customer Name: CITY OF SEBASTIAN/PARKS & REC ALL PURCHASE ORDERS MUST BE MADE OUT TO (VENDOR): Deere & Company 2000 John Deere Run Cary, NC 27513 FED ID: 36-2382580 UEID: FNSWEDARMK53 ALL PURCHASE ORDERS MUST BE SENT TO DELIVERING DEALER: Everglades Equipment Group 6150 Orange Avenue Fort Pierce, FL 34947 772-461-5568 info@efe1963.com Code Description Qty List Price Discount% Discount Contract Extended Amount Price Contract Price 1042XF BB2060 Standard Duty Box 1 $ 1,199.00 17.00 $ 203.83 $ 995.17 $ 995.17 Blade JOHN DEERE 648R 22HP* Commercial QuikTrak with 48 In. 7-Gauge Equipment Notes: Suggested List Hours: $ 10,399.00 Stock Number; Selling Price * Contract: FL Ag & Lawn Equip 25101900-21-STC (PG F2 $ 8,210.22 CG 22) Price Effective Date: December 14, 2020 * Price per item - includes Fees and Non -contract items Code Description Qty List Price Discount% Discount Contract Extended Amount Price Contract Price 2321TC 648R 22HP* Commercial 1 $ 9,949.00 22.00 $ 2,188.78 $ 7,760.22 $ 7,760.22 QuikTrak with 48 In. 7- Gauge Floating Deck Standard Options - Per Unit 001A United States and Canada 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 1142 (2) 20x10-8 Pneumatic Turf 1 $ 0.00 22.00 $ 0.00 $ 0.00 $ 0.00 Tire for 648R Standard Options Total $ 0.00 $ 0.00 $ 0.00 $ 0.00 Dealer Attachments/Non-Contract/Open Market CHUTE QUICK CHUTE 1 $ 450.00 0.00 $ 0.00 $ 450.00 $ 450.00 Dealer Attachments Total $ 450.00 $ 0.00 $ 450.00 $ 450.00 Value Added Services $ 0.00 $ 0.00 $ 0.00 Total Total JOHN DEERE 3038E Compact Utility Tractor Confidential 42 of 329 Agriculture and Lawn Equipment (25101900-21-STC) Price Quote Form (PQF) Updated 91712021 Instructions Contractor will need to fill in the fields that are In white. Please fill in the requested information as per the requirements of the state term contract. Contractor will need to refer to the Product Group Discount Sheet and/or applicable price sheet on the contract website to locate tho applicable Discount %. Please enter MSRP credits as a negative number or with parenthesis in front of the MSRP. The quantity should be a whole number. Example: $1532 or ($1532). It the Customer requests an OEM or Non -OEM Option, Part, Accessory, or Implement from a GrouplSub-Group that is different than that of the Base Equipment, the Contractor must provide the Group/Sub-Group number/letter in the OEM or Non -OEM Option, Part, Accessory, or Implement Manufacturer/Brand and Description field. Example: It the Base Equipment requested is from Group 1 Sub -Group B and the Customer is also requesting a loader which is only provided in Group 1 Sub -Group C, the Contractor should Indicate "DMS 260 Loader (from Group 4 Sub - Group C)". Awarded Contractor Information Contractor Name: Florida Coast Equipment Street Address: 357 Pike Road City, State, Zip: West Palm Beach, FL 33411 Contact Person: Joe Moreno Title: iGovemment Sales Original Quote Date: 10/W022 iRevised Quote Date: Delivery: i Phone#'s: x1 /Primary: 561-209-2705037 Secondary; (Est. 561at36.390 Email Address: JMoreno@FloddaCoastEO.com Fax #: Requesting Customer Information Agency/Eligible User Name: City of Sebastian Parks and Rec Contact Person: Antoine Vanmeir ITRW Phone Vs: jPrimary: 772-40&7644 4Secondary: Email Address: avanmeir@cilyofsebashan.orq Fax #: Secondary Contact for Customer (Optional) Contact Person: ITllle: Phone Vs: (Primary: Secondary: Email Address: Fax #: GrouplSub-Group Group/Sub-Group Description UNSPSC Manufacturer/Brand Commodity Code- B-C Zero Turn Mower 27112014 Kubota Base Equipment Base Equipment MSRP Base Equipment Description QTY Discount % Discount Dollar Net Price Total Price Model Number $###r###.## (see Product Group Amount Per Unit Per Unit olscountsheeti Z726XKW-3-60 Kawasaki 25.5HP Gas, 60' Deck 1 $ 12.149.00 16.02% $ 1.946.27 $ 10,202.73 S 10,202.73 OEM Item OEM Option, Part, Accessory, MSRP p ry, or Implement OEM Discount % Discount Dollar Net Price Model Number O� ManufacturerfBrand and Description (see Product Group Amount Per Unit Per UnIt Total Price Discount Sheet) $ $ $ S $ $ - $ $ S $ $ $ $ S $ S S $ $ S S - SUBTOTAL: OEM Options, Parts, Accessories, and Implements CONTINUED S S S TOTAL COST: OEM Options. Parts, Accessories, and Implements S $ $ Non -OE Non -OEM Item Non -OEM Option, Part, Accessory, or Implement MSRP OTY DiscountM % Discount Dollar Net Price Total Price Model Number ManufacturerlBrand and Description $#A#,###.## (see Product Group Amount Per Unit Per Unit Discount Shee11 S S S S S $ S $ S 5 $ S $ S S $ $ S S S S S 5 $ SUBTOTAL: Norr-OEM Options, Parts, Accessories, and Implements CONTINUED_ - TOTAL COST: Non -OEM Options, Parts, Accessories, and Implements $ $ $ - Grand Total State Term Contract Price ! S 10,202.73 Contractor Comments: �^/J(' `y'JJ t 9�a �)+ !V �'Lrl /j �% f� e / ! ! J. Customer Comments: 'UNSPSC = United Nations Standard Products and Services Commodity Code. Refer to the Product Group Discount Sheet for the codes) applicable to each GroupfSub-Group. 43 of 329 Agriculture and Lawn Equipment (25101900-21-STC) Price Quote Form (PQF) Updated 9!7/2021 Instructions Contractor will need to fill in the fields that are in white. Please fill In the requesled Information as per the requirements of the state term contract. Contractor will need to rotor to the Product Group Discount Sheet andlor applicable price sheet on the contract website to locate the applicable Discount %. Please enter MSRP credits as a negative number or with parenthesis In front of the MSRP. The quantity should be a whole number. Example: $1532 or ($1532). If the Customer requests an OEM or Non -OEM Option, Part, Accessory, or Implement from a Group/Sub-Group that is different than that of the Base Equipment, the Contractor must provide the GrouptSub-Group numberiletter In the OEM or Non -OEM Option, Part, Accessory, or Implement ManufacturerBrand and Description field. Example: If the Base Equipment requested Is from Group 1 Sub -Group D and [tin Customer is also requesting a loader which is only provided in Group 1 Sub -Group C. the Contractor should indicate "DMS 260 Loader (from Group 1 Sub - Group C)". Awarded Contractor Information Contractor Name: Florida Coast Equipment Street Address: 357 Pike Road City, State, Zip: West Palm Beach, FL 33411 Contact Person: Joe Moreno Title: (Government Sales Original Quote Date: 1016/2022 IRavised Quote Date: Est. DellverY: j Phone it's: ]Primary: 561.209-2705 x1037 ISecondary: 561.436-3909 Email Address: JMoreno@FloridaCeastEQ.com Fax #: Requesting Customer Information AgencylEligible User Name: City of Sebastian Parks and Rec Contact Person: AntoineVanmeir JTltle: Phone Vs: I Primary: 772.408-7644 Secondary: Email Address: avanmeir@cityofsebastian.org Fax #: Secondary Contact for Customer (Optional) Contact Person: (Title: Phone Vs: I Primarv: Secondary: Email Address: Fax #: Group/Sub-Group GrouptSub-Group Description UNSPSC ManufacturerlBrand Commodity Code- 5 Stand -on Zero Turn Mower 27112014 Kubota Base Equipment Base Equipment MSRP Discount % Discount Dollar Net Price Model Number Base Equipment Description qT 1 $### ### ## Total Price (see Product Group Amount Per Unit Per Unit Discount Sheet) SZ22NC-48-2 22HP Gas, 48' Deck 1 $ 10.399.00 15,47% $ 1.608.73 S 8.790.27 :I 8.790.27 % OEM Item OEM Option, Part, Accessory, or Implement MSRP OEM Discount Discount Dollar Not Price Model Number Manufacturer/Brand and Description QTY (see Product Group ,amount Per Unit Per Unit Total Price Discount Sheet) $ $ :6 $ $ 3 _ $ $ :6 SUBTOTAL: OEM Options, Parts, Accessories, and Implements CONTINUED S $ TOTAL COST: OEM Options, Parts, Accessories, and Implements $ $ Non-0EM Non -OEM hem Non -OEM Option, Part, Accessory, or Implement MSRP Discount % Discount Dollar Net Price mber Model NuManufactureriBrand and Description QN $###,###.## (see Product Group Amount Per Unit Per Unit Total Price Discount Sheets - $ $ Y S S d S S $ 5 $ 3 S S S - -- S 5 S SUBTOTAL: Non -OEM Options, Parts, Accessories, and Implements CONTINUED S $ S - TOTAL COST: Non -OEM Options, Parts, Accessories, and Implements j $ $ S Grand Total State Tenn Contract Price 5 Contractor Comments: Customer Comments: UNSPSC = United Nations Standard Products and Services Commodity Code. Refer to the Product Group Discount Sheet for the code(s) applicable to each Groupl5ub-Group. 44 of 329 Council Meeting Date: SEBASTIAN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL November 21, 2022 Agenda Item Title: Approve the Purchase of One (1) KIOTI 35 HP Tractor Model CK3510 with attachments from Thompson Tractor Company for the Leisure Services Department and authorize the City Manager to execute the appropriate documentation. Recommendation: Staff recommends that City Council Approve the purchase of the MOTI tractor with attachments in the amount of $31,095.50 from THOMPSON TRACTOR COMPANY and authorize the City Manager to execute the appropriate documents for the purchase. Background: Staff solicited bids for a new tractor to replace an aging 2000 John Deere 5410 Tractor that has exceeded its lifespan and is no longer cost effective due to excessive repairs and continuous breakdowns. In soliciting bids staff realized that a smaller, more efficient model would serve the needs of the department better. Therefore we requesting approval for the Kioti Model CK3510 that includes a Loader, Root Grapple, Landscape Rake, Box Blade, Pallet Forks and an Aerator to better serve the Parks Divisions. The Thompson Tractor Co. bid is $2,344.89 more than the lowest bid, however the low bid was unable to provide the root grapple and aerator attachment for the model quoted. If Agenda Item Reauires Expenditure of Funds: Budgeted Amount: $50,000.00 Total Cost: $31,095.50 Funds to Be Utilized for Appropriation: General Fund Attachments: 1. Price Estimates Administrative Services Departme t Review:'-1 ` + City Attorney Review: Procurement Division R view, i appli e:��- City Manager Authorization Date: //�y� % 45 of 329 67 c-40--9#-- THOMPSON TRACTOR CO. 15601 ORANGE AVE. FT. PIERCE, FLORIDA 34945 772-460-9040 SALESMAN - GREG HEARN CUSTOMER: CITY OF SEBASTIAN ATT : ANTWON ADDRESS : 1225 MAIN ST. CITY: SEBASTIAN STATE : FL ZIP CODE : 32958 EMAIL - avanmerir@cityofsebastion.org PHONE # - 772-408-7644 SALES PROPOSAL. QTY MAKE MODEL SERIAL # DESCRIPTION I _ 1 KIOTI CK3511:0H8 DATE: 1 1-6-2022 PROPOSAL # 6 PRICE XP9401251 - I NEW MODEL CK3510 KIOT! 35 HP. $23,850A0 TRACTOR,_4 WD, 3 SPD. HYDRO - __ STAT TRANS., HYD. REMOTE, HYD. TOP CYL.,3RD. FUNCTION VALVE KIT, CANOPY, QUICK HITCH, AND ___ _ __ ALL OTHER STD. EQUIPMENT. 1 KIOTI KL4 03QQA 22021351 NEW MODEL KL4030QA66 _ INCLUDED 66 _� _ LOADER, 66 IN. QA BUCKET, 1835 LB. LIFT CAP., AND ALL �- _ __ OTHER STANDARD EQUIPMENT._ l_ TITAN CTGR60 218029 _ NEW 60 IN. ROOT GRAPPLE- $2240.00 TITAN 5106 .. .�. 198369 1 TITAN _ __ 3105 221670 1 LVT_ PF48 TBD l TITAN 8105 - TBD -J---- --- ORDER._ _ NEW 6FT.LANDSCAPE RAKE T $930.00 NEW 3105 5FT. BOX BLADE _ �_ $ 975.00 NEW PALLET FORKS 48 IN. _ $12_50.00 NEW 8105 - AERATOR 5 FT. _ 1845.00 EQUIPMENT SUBTOTAL -- $31,090.00 SALES TAX 7% / EXEMPT -$EXEMPT OTHER/TIRE/BATTERY FEE -$5.50 TOTAL - $31,095.50 r WE:RS SIGNATURE --- — — --- DATE - f� JOHN DEERE Everglades Selling Equipment Quote Id: 27564252 Customer Name: CITY OF SEBASTIAN/PARKS & REC ALL PURCHASE ORDERS MUST BE MADE OUT TO (VENDOR): Deere & Company 2000 John Deere Run Cary, NC 27513 FED ID: 36-2382580 UEID: FNSWEDARMK53 ALL PURCHASE ORDERS MUST BE SENT TO DELIVERING DEALER: Everglades Equipment Group 6150 Orange Avenue Fort Pierce, FL 34947 772461-5568 info@efe1963.com Equipment Notes: Suggested List * Hours: $ 32,826.30 Stock Number: Selling Price * Contract: FL Ag & Lawn Equip 25101900-21-STC (PG F2 $ 27,902.35 CG 22) Price Effective Date: November 2, 2020 * Price per item - includes Fees and Non -contract items Code Description Qty List Price Discount% Discount Contract Extended Amount Price Contract Price 148ALV 3038E Compact Utility 1 $ 23,800.00 15.00 $ 3,570.00 $ 20,230.00 $ 20,230.00 Tractor Standard Options - Per.Unit 0202 United States 1 $ 0.00 15.00 $ 0.00 $ 0.00 $ 0.00 0409 English Operator's Manual 1 $ 0.00 15.00 $ 0.00 $ 0.00 $ 0.00 and Decal Kit 1701 Factory Installed Loader 1 $ 5,404.00 15.00 $ 810.60 $ 4,593.40 $ 4,593.40 with Bucket 4061 Less iMatchTm Quick Hitch 1 $ 0.00 15.00 $ 0.00 $ 0.00 $ 0.00 Category 1 4110 Draft Links - Flat Bar 1 $ 0.00 15.00 $ 0.00 $ 0.00 $ 0.00 (Standard) 5211 11.20-24 6PR R1 Bar 1 $ 0.00 15.00 $ 0.00 $ 0.00 $ 0.00 6211 7-14 6PR R1 Bar 1 $ 0.00 15.00 $ 0.00 $ 0.00 $ 0.00 Standard Options Total $ 5,404.00 $ 810.60 $ 4,593.40 $ 4,593.40 Dealer Attachments/Non-Contract/Open. Market BLV10850 41x14-20 (4PR, R3 Turf, 1 1 $ 1,967.90 15.00 $ 295.19 $ 1,672.71 $ 1,672.71 Position) Rear Wheels & Tires BLV10849 27x8.50-15 (6PR, R3 Turf, 2 1 $ 798.60 15.00 $ 119.79 $ 678.81 $ 678.81 Position) Front Wheels & Tires BXX10808 3rd Function Selective 1 $ 855.80 15.00 $ 128.37 $ 727.43 $ 727.43 Control Valve Dealer Attachments Total $ 3,622.30 $ 543.35 $ 3,078.95 $ 3,078.95 Value Added Services $ 0.00 $ 0.00 $ 0.00 Total Confidential 4 i or SZy JOHN DEERE Selling Equipment Quote Id: 27564252 Customer dame: CITY OF SEBASTIANIPARKS & REC ALL PURCHASE ORDERS MUST BE MADE OUT TO (VENDOR): Deere & Company 2000 John Deere Run Cary, NC 27513 FED ID: 36-2382580 UEID: FNSWEDARMK53 Af EuergladeiS SMrd ALL PURCHASE ORDERS MUST BE SENT TO DELIVERING DEALER: Everglades Equipment Group 6150 Orange Avenue Fort Pierce, FL 34947 772461-5568 info@efe1963.com Frontier LR2072 - 6 Ft. Standard Duty Landscape Rake Equipment Notes: Suggested List Hours: $ 1,022.00 Stock Number: Selling Price * Contract: FL Ag & Lawn Equip 25101900-21-STC (PG F2 $ 848.26 CG 22) Price Effective Date: December 14, 2020 * Price per item - includes Fees and Non -contract items Code Description Qty List Price Discount% Discount Contract Extended Amount Price Contract Price 1181XF LR2072 - 6 Ft. Standard 1 $ 1,022.00 17.00 $ 173.74 $ 848.26 $ 848.26 Duty Landscape Rake Confidential 46 OI SLy Agriculture and Lawn Equipment (25101900-21-STC) Price Quote Farm (PQF) Updated 917/2021 Instructions Contractor will need to fill In the fields that are in white. Please fill in the requested Information as per the requirements of the stale term contract. Contractor will need to refer to the Product Group Discount Sheet and/or applicable price sheet on the contract website to locate the applicable Discount %. Please enter MSRP credits as a negative number or with parenthesis In front of the MSRP. The quantity should be a whole number. Example: $1532 or ($1532). If the Customer requests an OEM or Non -OEM Option, Part, Accessory, or Implement from a GrouplSub-Group that is different than that of the Base Equipment, the Contractor must provide the GrouplSub-Group number/letter In the OEM or Non -OEM Option, Part, Accessory, or Implement ManufacturerlBrand and Description field. Example: If the Base Equipment requested Is from Group 1 Sub -Group B and the Customer is also requesting a loader which is only provided In Group 1 Sub -Group C. the Contractor should Indicate "DMS 260 Loader (from Group t Sub. Group G)". Awarded Contractor Information Contractor Name: Florida Coast Equipment Street Address: 357 Pike Road City, State, Zip: West Palm Beach, FL 33411 Contact Person: Casey Gifford Title: IGovemmenl Sales Original Quote Date: 1102022 Revised Quote Date: I Est. Deliver i I786-930-0708 Phone #'s: 1 Primary: 954-915.1020 Ext 2241 iSecondary: Email Address: cgiftord@ftondacoasteq.com Fax #: Requesting Customer Information AgencyfEligible User Name: City of Sebastian Contact Person: Brian Benton Mile: Leisure Services Director Phone Ws: (Primary: 772-228-7057 Secondary: Email Address: bbenton@cityofsebastian.org Fax #: Contact Person: Phone#'s: /Primary: Email Address: Fax #: Group/Sub-Group 11 Base Equipment Model Number Secondary Contact for Customer (Optional) Title: Secondary: I Group/Sub-Group Description Utility Tractors, Less than 40 HP (includes Sub -compact and compact) Base Equipment Description QTY MSRP L2501HST 19.0 PTO HP, 4WD, ROPS, HST, R3 Turf Tires 1 S 18,925.00 OEM Item OEM Option, Part, Accessory, or Implement MSRP Model Number Manufacturer/Brand and Description OTY $###,###.## tA526 Front End Loader 1 $ 5.230.00 L2248 66' Quick Attach Bucket For LA526 1 $ 796.00 L2238 Pallet Fork Frame, 2-Lever Quick Coupler 1 $ 803.00 K9048 36' Pallet Forks 1 S 483.00 El133 Plastic Canopy 1 S 506.00 L7211 B Base Kit and 1st Lever 1 S 780.00 L2733A SCD (Self -Cancelling Decent) 1 S 422.00 SUBTOTAL: OEM Options, Parts, Accessories, and Implements CONTINUED TOTAL COST: OEM Options, Parts, Accessories, and Implements Non -OEM Item Non -OEM Option, Par, Accessory, or Implement MSRP mber Model Nu ManufacturerlBrand and Description CITY 380-336A 3rd Function Valve Kit Flat Face Coupler 1 S 1.045,00 SGC0660-71 06 Series Claw Grapple 1 S 2.721,00 LR1672 16 Series Landscap Rakes-72' Width t S 1,55300 BB1266 12 Series Box Scraper -Fixed Bar66' Width 5 Shank 1 $ 1.192,00 CA1564 15 Series Core Aerator-04' Width 1 S 2.563,00 QH16-91 Cat. 1 Oick Hitch 1 S 724,00 SUBTOTAL: Non -OEM Options, Parts, Accessories, and implements CONTINUED TOTAL COST: Non -OEM Options, Parts, Accessories, and Implements Grand Total Slate Term Contract Price Contractor Comments: Customer Comments: UNSPSC Manufacturer/Brand Commodity Code- 25101901 Kubota Base Equipment Discount % Discount Dollar (see Product Group Amount Per Unit Discount Sheet) 9.29% $ 1.758.13 r $ OEM Discount % Discount Dollar (see Product Group Amount Per Unit Discount Sheet) 5.00% $ 261.50 $ 5.00% $ 39.80 $ 5.00% $ 40.15 $ 5.00% S 24.15 $ 5.00% $ 25.30 $ 5.00% $ 39.OD $ 5.00% $ 21.10 $ S S $ $ $ S $ 451.00 $ Non -OEM Discount % Discount Dollar (see Product Group Amount Per Unit Discount:heetT 5.00% S 52.25 $ 5.00% S 136.05 $ 5.00% S 77.65 S 5-00% $ 59.00 $ 5.00% S 128,15 $ 5.00% $ 36.20 S 5 - $ is 489.90 1 $ Net Price Per Unit 17.166.87 S Net Price Per Unit 4.968.50 S 75620 I S 762.86 S 458.85 S 480.70 S 741.00 5 400.90 5 _ 5 - 5 - S 8,669,00 5 Net Price Per Unit 992.75 5 2.584.95 5 1.475.35 5 1.132.40 S 2.434.85 $ 687.80 _ S 9,308.10 :6 a 'UNSPSC = United Nations Standard Products and Services Commodity Code. Refer to the Product Group Discount Sheet for the code(s) applicable to each GrouplSub-Group. Total Price 17.166.87 Total Price 4.968.50 756.20 762.85 458.85 480.70 741.00 400.90 8.569.00 Total Price 992.75 2,584.95 1,475.35 1.132.40 2.434.85 687.80 - ty M- 49 of 329 CM Lf $EBAST," HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: November 21, 2022 A,2enda Item Title: Approve the purchase of five (5) Ford Explorer Marked Patrol Units, two (2) Ford Explorer Unmarked Vehicles, and one (1) Ford Maverick Code Enforcement Vehicle from Bartow Ford. Recommendation: Staff recommends that City Council approve the purchase of five (5) — 2023 Ford Explorer marked police vehicles, two (2) — 2023 Ford Explorer unmarked police vehicles and one (1) — 2023 Ford Maverick Code Enforcement vehicle from Bartow Ford Company under the Charlotte County Purchasing Division contract # 2021000541. Background: This requested purchase represents the replacement of five (5) police vehicles that have reached the end of their service life and three (3) new vehicles for the three (3) new police officer positions that were added this fiscal year. The balance of budgeted funds will be utilized to obtain additional required equipment, such as laptop computers. All other required equipment included in quotes: prisoner cages, lights, radios, speed radars, exterior graphics, tire deflation devices, and automated external defibrillators (AEDs). This proposed purchase is under the `Piggyback' provisions as provided for in City Purchasing Policy. The City of Sebastian is still receiving all the savings by "Piggybacking" the Charlotte County contract. The use of "Piggyback" contracts guarantees that pricing and contract terms remain the same while the contract is active; this includes any contract extensions or renewals. 1n accordance with the City's Ordinance Section 2-10(c)(2), the procurement procedures carried out by the awarding agency are equivalent to that of Sebastian's procurement process, pricing from other cooperatives, Co -Operative contracts and local vendors were considered. The recommended vendor is the most advantageous to meet the needs of the City. If Agenda Item Requires Expenditure of Funds: Budgeted Amount: $512,200.00 Total Cost: $425,169.27 Funds to Be Utilized for Appropriation: Discretionary Sales Tax Attachments: 1. Piggyback Approval Letter 2. Notice of Acceptance 3. Vendor Quote Providing Discounts 4. Charlotte County Bid Document 5. Agenda Summary with Bid Tabulation Administrative Services Departm Review Ij -,J l`~t City Attorney Review - Procurement Division ' applic e: City Manager Authorization: Date: 111-1/ .2- PAR 50 of 329 May 16, 2022 City of Sebastian 1225 Main Street Sebastian, FI 32958 Attn: Don Wixon, Procurement/Contracts Manager Dear Mr. Wixon: Per your request, please accept this letter as authorization from Charlotte County for the City of Sebastian to "piggyback" Bid #21-541, Vehicles —Annual Contract. It is understood that the City of Sebastian will establish its own contract with the successful bidders), place its own orders, be Invoiced therefrom and make Its own payments to the successful bidder in accordance with the terms of the contract established between the City of Sebastian and the successful bidder. It is also hereby mutually understood and agreed that Charlotte County Is not a legally bound party to any contractual agreement made between a successful bidder and any local entity other than Charlotte County Board of County Commissioners. If you have any questions, please feel free to contact the Charlotte County Purchasing Division at 941-743-1374. Sincerely, Kimberly WCorbett, C.P.M., CPPB Senior Division Manager— Purchasing /at 18SOO Murdock Circle, Suite 344 1 Port Charlotte, FL 33948 Phone: 941.743,1374 1 Fax: 941.743.1384 51 of 329 9/20/2021 Richard Weissinger, Commerical Fleet Sales BARTOW FOl7D 2800 US Hwy 98 North Bartow, FL 33830 RE: NOTICE OF ACCEPTANCE Dear Mr. Weissinger: This letter shall serve as notification of official acceptance by the Board of County Commissioners of your Bid No. 2021000541, Vehicles — Annual Contract, with your firm. The acceptance of your bid, properly executed by an auttroru:ed representative of the company, constitutes a binding contract. Your signature below represents your concurrence with and acceptance of the terms set forth In this letter acid bid submitled by your company on August 11, 2021. Please sign and return to this office by email @ii i,PT iattecounL-11' Purchase Orders will be issued on an "as required" basis, and payment shall be made in accordance with the Local Government Prompt Payment Act of the Florida State Statutes. The contract shall become effective immediately and shall remain in full force and effect through and including September 30, 2022, with option to renew for two additional one-year terms, by mutual consent. If you have any guestlons or concerns, please do not healtate to contact Mse L. True, CPPB, Senior Contract Specialist, at 941-743-1549. Yours truly, IClmberiy�arbett, P.M., CPPS Senior p slon Manager - Purchasing KAClat cc: File ACCEPTED: Richard Welssinger, Commerical Fleet Sales Date' 09/21/2021 18500 Murdock Circle, Suite 344 1 Port Charlotte, FL 3394E Phone: 941.743.1374 1 Fax: 941,743.1384 52 of 329 October 12, 2022 City of Sebastian T. Alan Clarke 99B 3.3L V6 Direct -Injection Engine 44U 10 Speed Automatic Transmission Front Headlamp Prep 86T Rear Taillight Prep Package MOWFORIr I .tibard• /~ 43D Dark Car Feature 60A Factory Grill, Lamp, Siren & Speaker Wiring 51T Factory Pillar Mounted LED Spotlight Voice Activated Bluetooth 55F Keyless Entry Fob 76R Reverse Sensin 52T Class III Trailer�ow Lighting Package 76P Pre -Collision Assist w/Pedestrian Detection Factory Rear View Camera 1 59W 4G LTE Wi-Fi Hotspot Credit I Factory Invoice Government Price Concession Discount 4.27% Contract Discount $45,820.00 $1,200.00 $1,905.27 2800 US Hwy North Bartow, Florida 33830 53 of 329 Whelen 55" Legacy DUO Lightbar Red/Blue with Ful] L wn Lights, LED Alley Lights & Rear Amber Traffic Advisor, (2) Rear Bra n Touch Pad Siren Controller, OBD II CANPORT Plug, Whelen t t, (2) Whelen Vertex Split Red/Blue Mounted in Headlights & Taillights',%-WhbW1(3WbtlfSn�Aba/White (1) Blue/White Mounted Forward in Push Bumper, (1) Whelen Thin I6060Red/White Mounted Left Side of Push Bumper, (1) Whelen Thin ION DUO Blue/White Mounted Right Side of Push Bumper, Whelen TCRHSS Tracer 5 Lamp Housing Mounted in Running Board Area, Whelen RP50 Outer Edge Rear Pillar Exterior Mount R/R/R LEFT B/B/B RIGHT, (2) Whelen ION's Split Red/Blue Mounted in Rear 114 Glass, Havis C-VS-1012-INUT Utility Console (Includes All Faceplates), CUP2-1001 Self -Adjusting Double Cup Holder, C-USB-2 Dual USB Charge Module, Havis C-ARM-101 Side Mount Arm Rest, Havis C-MD-112 11" Slide Out Locking Swing Arm with Motion Adapter, (2) Magnet Mic Clips (SHIPPED LOOSE), Havis C-MAP-T-LED Gooseneck Map Light, Maglite RL7019 LED Flashlight with Charging Base, Go Rhino 5344T-2L61 Light Ready Push Bumper with 5344WHDT HD Wraps, Go Rhino 5700WA Partition with Recessed Lower Extension Panel, Go Rhino 571713 Rear Window Bars, Go Rhino 5UF1911 Molded Rear Prisoner Seat with Outboard Buckles, Mesh Rear Partition, Santa $21,619.00 Cruz SC-920-5-5-XL #H Dual Weapons Mount, Raised Rear Weapons Vault with 4" Basket, Powerheart G5 Fully Auto Dual Language Quick Response Pkg: (1) G5 Fully Auto dual language English/LatAm Spanish AED, (1) G5 IntelliSense Battery; (2) sets G5 Intellisense adult defibrillation pads; (1) Premium Carry Case; (1) Universal Ready Kit; (1) AED Manager; (1) USB Cable, (1 set) printed G5 User Guide, Steps To Rescue, Getting Started (ENG), (1 set) printed G5 User Guide, Steps To Rescue, Getting Started (ESP) and multi-lingual Electrode Instructions For Use per Quote # 00014010, Stinger Spike System with 15.5' W/40' Rope & Handle Storage Case, Eagle Series Radar Directional Golden Eagle CRS 826 Directional Golden Eagle II, Dual Antenna, Ka band, Includes stopwatch mode, fastest vehicle, same direction, same lane, all mounts and cables, Bartow Ford Custom Installation, 100 AMP Breaker, Fuse Block, All Shop Supplies & Shipping, Harris 800Hmz Radio per CI Quote #Q00020608, Brother Pockeget PJ763/LB3691-003-PARC700SS, Sebastian POLICE Full Color Graphics, Deep Window Tint Deep Window Tint $135.00 $0.00 Pricing in accordance with the Charlotte County contract # 2021000541 If you have any questions or need any additional information please feel free contact me anytime. Sincerely Yours, Richard Weissinger Commercial Fleet Sales Direct Line (813) 477-0052 Fax (863) 533-8485 2800 US Hwy North 54 of 329 Bartow, Florida 33830 October 12, 2022 City of Sebastian T. Alan Clarke 99H 2.31L Eco Boost Engine 44T 10 Speed Automatic Transmission 100A Equipment Package 52X Auto Start -Stop Removal 59W 4G LTE Wi-Fi Hotspot Credit 91X Rear Auxiliary Controls Credit 52T Class IV Trailer Tow Package Factory Invoice Government Price Concession Discount 4.06% Contract Discount SWOFOPS I NTF.GR 11n'•TRUST-F10 \ F.S'FN $37,552.00 $1, 200.00 $1,475.89 (2) Whelen Spitfire Red/Blue ION`s Mounted High in Windshield Area, (2) Whelen Red/Blue Thin ION`s Mounted in Grill Area (2) Whelen Spitfire Red/Blue ION's Mounted in Rear Tailgate Area, (2) Whelen Red/Blue ION's Mounted in Driver Side & Passenger Side Rear $3,092.00 Doors, (2) Clear LED Mounted in Rear Taillights, Whelen 100 Watt Speaker, Whelen HHS3200 Handheld Siren Controller Pricing in accordance with the Charlotte County contract # 2021000541 If you have any questions or need any additional information please feel free contact me anytime. Sincerely Yours, Richard Weissinger Commercial Fleet Sales Direct Line (813) 477-0052 Fax (863) 533-8485 EM 2800 US Hwy North Bartow, Florida 33830 55 of 329 October 12, 2022 City of Sebastian T. Alan Clarice W8E 2023 Maverick FWD SuperCrew 4.5' box 999 2.0L EcoBoost Engine 448 8 Speed Automatic Transmission 100A Equipment Package 60B Trailer Hitch Receiver w/4-Pin Connector 19W 4G LTE Wi-Fi Hotspot Credit 76B Rear Parking Sensors WMWFDPZ INTF.(:RI11 •FRUST•IIONFS'l l Factory Invoice $23,563.00 Government Price Concession Discount $100.00 4.06% Contract Discount $952.60 (2) Whelen MC16PF Amber/White Mini Bar Mounted on Acari Bracket, Low Pro Aluminum Tool Box, (2) Whelen Amber/White Thin ION's Mounted in Grill Area, (2) Whelen $3,974.00 Amber/White Vertex Mounted in Taillights, Laptop Stand, Sebastian CODE ENFORCMENT Graphics $0.00 Window Tint $135.00 Pricing in accordance with the Charlotte County contract # 2021000541 If you have any questions or need any additional information please feel free contact me anytime. Sincerely Yours, Richard Weissinger Commercial Fleet Sales Direct Line (813) 477-0052 Fax (863) 533-8485 2800 US Hwy North 56 of 329 Bartow, Florida 33830 Charlotte County Purchasing Division 18500 Murdock Circle, Suite 344 Port Charlotte, Florida 33948-1094 Phone 941.743.1378 Fax 941.743.1384 NOTICE OF AVAILABILITY OF BID SPECIFICATIONS REQUEST FOR BIDS CHARLOTTE COUNTY, FLORIDA The County of Charlotte will be receiving sealed bids at the Purchasing Division, Suite 344, Charlotte County Administration Center, 18500 Murdock Circle, Port Charlotte, FL 33948-1094, for: BID NO.2021000541 VEHICLES — ANNUAL CONTRACT It Is the Intent of Charlotte County to purchase vehicles, on an "as required" basis, from a Ford Motor Company dealer. It is the specific purpose of this bid to establish a conditional contract for the required materials rind to secure the cost and availability of the requirements for procurement from a source of supply that will give prompt and convenient service. There will not be a Pre -Bid Conference for this project. Please send all questions to my email address below. BID OPENING: 2:00 p.m., AUGUST 11, 2021 PURCHASING DIVISION CONFERENCE ROOM Bid Documents may be obtained by accessing the Charlotte County Purchasing division's website at under "Purchasing Bids Online", document number 215412. Any questions can be answered by contacting Alisa L. True, CPPB, Senior Contract Specialist at 941.743.1549 or email: iibu. i s {i�_,Ui iui iuii.,�.Uu�,i,t i,;auy. Notice of Availability Posted: July 23, 2021 Bid No. 20210005-41 57 of 329 Charlotte County Purchasing Division 18500 Murdock Circle, Suite 344 Port Charlotte, Florida 33948-1094 Phone 941.743.1378 Fax 941.743.1384 STATEMENT OF NO BID If you do not intend to bid on this commodlfylservice, please return this form to the above address immediately. if this statement Is not completed and returned, your company may be deleted from the Charlotte County Vendors' list for this commodity/service. We the undersigned, have declined to bid on requested commoditylservioe Bid #2021M54i. VEHICLES — ANNUAL CONTRACT, for the following resson(s): Specifications too "tight", i.e. geared toward one brand or manufacturer only (explain below). Insufficient time to respond to the Invitation to Bid. We do not offer this product or service. Our schedule would not permit us to perform. Unable to meet bond/insurance requirements. Unable to meet specifications. Specifications are unclear (explain below). Remove us from your vendors' list for this commoditylservice. Other (specify below). Remarks: Company Name: Contact Person (typed or printed): Contact Person Signature; Phone: Fax; E-Mall Address: Note: Statement of No Bid may be emalled to 941.743.1384. or faxed in to the Purchasing Division at 2 Bid No. 2021000541 58 of 329 PURCHASING DIVISION Charlotte County Administration Center 18500 Murdock Circle Port Charlotte, Florida 33948-1094 July 28, 2021 TO: PROSPECTIVE BIDDERS RE: BID 2021000541, VEHICLES —ANNUAL CONTRACT BID DUE DATE: AUGUST 11, 2021 Telephone (941) 743-1378 Facsimile (941) 743-1304 ADDENDUM NO.1 Bidders are hereby notified that this addendum shall be made a part of the above -named proposal and contract documents. The folbwing Is Issued to modify, and/or clarify the proposal and contract documents. These Items shall have the same fore and effect as the original bid and contract documents, and b€ds to be submitted on the specified date shall conform with the additions, deletions and revisions as listed herein. kem 1: QUESTIONSIANSWERS 01. You're looting for a flat discount percentage for all vehicle types? Al. Yes. Q2. The delivery time frames as stated on page 16. it states that you expect vehicles to be delivered within 90 days for vehicles of normal production and 120 days for vehicles with dealer installed options. With the current production delays we are seeing on various vehicles, what happens If that time frame Is not met? A2. We understand that delays on the Fond production lines are beyond any dealership's control, and the dealer would not be penalized for that However, we do expect vehicles to be ordered when a purchase order Is Issued, and that any aftermarket equipment and/or services necessary are scheduled to arrive/be serviced at the time of the vehicles arrival to the dealership. Previous contract prices can be obtained by accessing the Charlotte County Purchasing Division's websfte at h�eJ/1>urchasintibids.chadottecoun�fL ov under 'Purchasing Bids Online', Historical Catalog. The previous Contract number for this project is 1SAW and Is entitled 'Vehicles — Annual Cariftet'. This addendum Is binding and Is to be considered as If contained within the original bid documents of Bid No. 2021000008. Bidders are required to acknowledge reoelpt of this addendum on their bid forms. Kimberly orbett, C.P.M., CPPB Senior Division Manager - Purchasing KAC/at: Clerk's Office, Minutes Division File Bid No. 2021000541 59 of 329 TABLE OF CONTENTS VEHICLES -ANNUAL CONTRACT BID NO.2021000541 Notice of Availability "No Bid" Response Page Table of Contents INSTRUCTIONS TO BIDDERS 1 2 3 4-8 TECHNICAL SPECIFICATIONS S CONDITIONS 9.11 INSURANCE REQUIREMENTS 1243 SAFETY AND HEALTH REQUIREMENTS 14-15 BID FORM 1648 3 Bid No. 2021000541 60 of 329 INSTRUCTIONS TO BIDDERS VEHICLES — ANNUAL CONTRACT BiD NO.2021000641 I0-01 QUALIFICATIONS OF BIDDERS: It Is the Intent of the County to award this contract to the lowest responsible bidder, qualified by experience and solvency, with proven reliability and the ability to supply all Items within a reasonable time frame acceptable to Charlotte County. Bidder may be required to supply Information In writing at the request and discretion of the County prior to award of bids, In order to verify above requirements. IB-02 GENDER DESIGNATION: The County and the Contractor are treated throughout these Documents as If each were of the singular number and masculine gender. I9-03 EXAMINATION OF DOCUMENTS: A. Prior to the submission of a bid form, bidders shall carefully examine the bid package Including the Request for Bids, Instructions to Bidders, Technical Specifications & Conditions, Insurance Requirements, and all other related bid documents, Including all modifications thereof, Incorporated in the bid package. B. Discrepancies, omissions, or questions about the Intent of the documents should be submitted to the Purchasing Division in written form as a request for Interpretation no later than five (5) calendar days prior to bid opening (or shall be verbally addressed at the pre-bld conference, If applicable). C. Interpretations of any of the bid documents made will be In the form of a written addendum to the documents, which will be posted on the purchasing website. Receipt of any addenda by each bidder must be acknowledged an the bid form, indicating the addendum number and date of issue, therein becoming a part of the contract. No oral explanations shall be binding. The County will attempt to notify ag prospective bidders of addenda Issued to the bidding documents; however, it shall be the responsibility of the bidder, prior to submitting their bid, to determine if addenda were Issued, acknowledging and Incorporating it Into their bid, IS-04 PREPARATION AND SUBMISSION OF BID FORM REQUIREMENTS: A. Bids shall be submitted on the bid fort supplied by the County, or duplication thereof and attached thereto, or as otherwise specified. Bidders shall indicate the number of calendar days required for delivery and acknowledge receipt of any addenda received during the bid period. Each bid must give the full business address of the bidder and state whether bidder is an Individual, corporation or partnership. Bid Forms by a corporation must be signed in the name of the corporation, followed by the original signature and designation of the officer or other person authorized to bind the corporation. Bid Forms by partnerships shall show the names of all partners. The partnership title shall be followed by the original signature of each partner. Any erasures or other corrections In the bid form must be explained or noted over the signature of the bidder. Bid Forms containing any conditions, omissions, unexplained erasures, afteraticns, or irregularities of any kind may be rejected by the County. Bid documents and forms shall be submitted sealed, and the envelopetpackage clearly marked with the Bid Number and the Name and Business Address of the Indtvidualifirm submitting the bid. Bids postmarked prior to said time and date but not received shall not be considered and will be returned to bidder unopened. B. Bid Guarantee - The bid form shall be signed where indicated guaranteeing that the bidder will not withdraw his bid for a period of 60 days after the scheduled time of opening of bids. I8-06 WITHDRAWAL OF BIDS: Bids may be withdrawn by request of the bidder prior to the time fixed for opening. Error or negligence on the part of the bidder in preparing the bid confers no right for the withdrawal of the bid after It has been opened. Bid No. 2021000641 61 of 329 IB-Oft BID TABULATIONS: In accordance with Florida Statues, Section 119(f)(b)2: Sealed bids, proposals, or replies received by an agency pursuant to a competitive solicitation are exempt from s. "9_. (1) and s. 24(a), Art. I of tha State Constitution until such time as the agency provides notice of an intended decision or unto 30 days after opening th:e bids, proposals, or final replies, whichever is earner. Those bidders intenasted In receiving a copy of the results of this bid once they are released may do so by visiting our website at under "Purchasing Bids Online", Document Number 215414. No information regarding the submittal will be divulged over the telephone. IS-07 RESERVED RIGHTS: The County reserves the right to accept or reject any and/or all bids, to waive irregufaritles and technicalities, and to request resubmission of bids. Also, the County reserves the right to accept all or any part of the bid and to increase or decrease quantities to meet additional or reduced requirements of the County. Any sole rasponse received the fast submission date may be rejected by the County depending on available competition and timely nee& of the County. IS-08 FORM OF CONTRACT: The submitted Bid Form signed by the Bidder, together with the complete bid package fum(shed by the County, shall constitute a binding contract. The Bidder shall be required to perform according to the Bidder's submitted Bid Form and the County's bid package when a purchase order, signed by the Senior DlvWon Manager - Purchasing or his/her designee, is transmitted to the Bidder. The transmitted purchase order shall serve as both a Notice of Acceptance and Notice to Proceed to the Bldder. Failure to comply with the conditions set forth in the purchase arde:r shall be deemed a breach of contract subjec Ong the Bidder to forfeiture of the bid bond or other posted security and other passible penalties. IB-09 NOTICE TO PROCEEDIDELIVERY: After award of bid, a purchase order shall be issued bearing the terms of dellvery. Upon receipt of purchase order, successful bldder shall acknowledge receipt of same by elther fax or mail, and shall commence prosecution of order so that the agreed upon delivery date will be satisfied. II3-10 PAYMENT, Request for payment must be submitted to the Charlotte County Purchasing Division on ei form approved by the County. Price shall be net and all Invoices payable according to the Local Government Prompt Payment Act (i=.S.218.74). I8-11 PERFORMANCE EVALUATION: At the end of the contract, the receiving department will evaluate the successful bidder's performance. This evaluation will become public record. IB-12 ARITHMETIC DISCREPANCIES: A. For the purpose of Initial evaluation of bids, the following will be utilized In resolving arithmetic discrepancies found on the face of the bid forms as submitted by bidders: 1. Obviously misplaced decimal points will be corrected. 2. In case of discrepancy between unit price and extended price, the unit price will govern. Apparent enurs In extension will be corrected. 3. Apparent errors in addition of lump sum and extended prices will be corrected. B. For the purpose of bid evaluation, the County will proceed on the assumption that the bidder Intends his bld be evaluated on the basis of the unit prices, extensions, and totais arrived at by resolution of arithmetle discrepancles as provided above, and the bid will be so reflected on the tabulation of bids. IB-13 DESCRIPTIVE INFORMATION: Unless otherwise specifically provided in the specifications, all equipment, materials and articles Incorporated In the work covered by the contract are to be new and of the most suitable grade f)r the purpose Intended. Unless otherwise specifically provided in the specifications, reference to any equipment, material, article or patented process, by trade name, make or catalogue number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. If the bidder wishes to make a substitution to the specifications, the bldder shall furnish to the County the name of the manufacturer, the model number, and other identifying data and information necessary to aid the County. in evaluating the substitution, and such substitution shall be subject to County approval. Substitutions shall be approved only If determined by the County to be equivalent to the specifications. A bid containing a substitution is subject to disqualification If the substitution is not approved by the County. Specified items bid shall be identified by brand name, number, manufacturer and model, and shall include full descriptive information, brochures, or appropriate attachments. Bld No. 2021000541 62 of 329 IS44 QUALITY GUARANTEE: If any product delivered does not most applicable specifications, or if the product will not produce the effect that the successful bidder represents to the County, the successful bidder shall pick up the product from the County at no expense to the County. Also, the successful bidder shall refund to Charlotte County any money which has been paid for same. The successful bidder will be responsible for reasonable County attorney fees expanded to obtain compliance with this provision in the event the successful bidder defaults under this provision. IB-15 REGULATIONS: A. it shall be the responsibility of each supplier to assure compliance with any OSHA, EPA, and/or other Federal or State of Florida rules, regulations or other requirements, as each may apply. B. Bidder must be authorized to transact business and be properly licensed in the State of Florida. All applicable laws and regulations of the State of Florida and ordinances and regulations of Charlotte County will apply to any resulting contract IB-16 CODE OF ETHICS: With respect to fts bid, if any bidder violates or is a party to a violation of the State of Flodda/Florida Statutes, Chapter 112, Part III, Code of Ethics for Public Officers and Employees, such bidder may be disqualified from furnishing the goods or seroioes for which the bid is submitted and shall be further disqualified from submitting any future bids for goods or services for Charlotte County. I5-17 COLLUSION: By offering a submission to this Invitation for bid, the bidder certifies the bidder has not divulged to, discussed or compared his bid with other bidders and has not colluded with any other bidder or parties to this bid whatsoever. Also, bidder certifies, and in the case of a joint bid each party thereto certifies as to his own organization, that in connection with this bid: • any prices and/or cost date submitted have been arrived at Independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices and or cost data, with any other bidder or with any competitor; • any prices and/or cost data quoted for this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to the scheduled opening directly or indirectly to any other bidder or to any competitor, • no attempt has been made or will be made by the bidder to induce any other person or firm to submit or not to submit a bid for the purpose of restricting competition; • the only person or persons Interested In this bid, principal or principals istare named therein and that no person other than therein mentioned has any Interest In this bid or In the contract to be entered into; and • no person or agency has been employed or retained to solicit or secure the contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee excepting bona fide employees or established commercial agencies maintained by the Purchaser for the purpose of doing business. IB-18 SOURCE OF SUPPLY AND SUBCONTRACTORS: Bidders are to complete the attached Source of Supply and Subcontractors form. This form must be completed and included with the bid form. If bidder does not have a source of supply or subcontractor, Insert 'to be determined°. When source or subcontractor Is determined, selection will be subject to County approval. I849 DRUG FREE WORKPLACE FORM: It Is strongly suggested that the attached Drug Free Workplace Form be signed and returned to this office with the bid farm. In the event of a to bid, the presence of a valid and accurate form may be used as a basis for awarding the contract. IB-20 PUBLIC ENTITY CRIMES: In accordance with Florida Statutes -Sec. 287.133(2j(a), •A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contrail to provide any goodstservices to a public entity, may not submit a bid on a contract with a public entity for construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a Contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity In excess of the threshold amount provided In Section 287.017, for Category Two, for a period of 38 months from the date of being placed on the convicted vendor fish'. IB-21 CANCELLATIONITERMINATION OF CONTRACT: The County shall have the right to cancel, terminate or suspend the contract, In whole or in part, by providing the Contractor 30 days written notice by certified mail. Bid No. 2021000641 63 of 329 It is expressly understood by the County and the Contracthr that funding for any successive fiscal years of the contract Is contingent upon appropriation of monies by the Charlotte County Board of County Commissioners. In the event that funds are not available or are not appropriated, the County reserves the right to terminate the contract The County will be responsible for payment of any outstanding Invoices and worts completed by the Contractor prior to such termination. Pursuant to Section 287.135(3)(a)4 of the Florida Statutes, Charlotte County may, at Its sots option, terminate any Agreement valued at $1,000,000 or more If the Contractor Is found to have submitted a false certification, has been placed on the Scrutinized Companies with ActMfts In Sudan Ust, or the ScxutWked Companies with ActivNes In the fa9n.Petroleum Energy Sector list, or has been engaged in business operations in Cuba or Syria or a boycott of Israel. Pursuant to Section 287.135(3)(b) of the Florida Statutes, Charlotte County may, at its sole option, terminate any Agreement In any amount If the Contractor Is found to have been placed on the ScmUnIzed Companies that Boycott Israel Usf, or is engaged In a boycott of Israel, [B 22 INDEMNIFY: After notification of award, the successful bidder shall indemnify and hold harmless the County, its officers, employees, agents and volunteers, from action, Including any court costs or attorneys' fees arising from, or as a result of, any act or omission by bidder, its officers, employees, licensees, Invitees, Contractors, agents or assignees, in the performance of the services and/or the delivery of goods for which the resulting agreement was entered Into. Bidder agrees that the first ten dollars ($10.00) of compensation received under the resulting agreement represents specific consideration for the Indemnification obligation. Nothing In the award, resulting agreement, contract or Purchase Omer shall be deemed to affect the rights, privileges and Immunities of the County as set forth In Florida Statute 768.28. IB23 TAXES: The Contractor shall assume liability for Local, State, or Federal Tax that Is applicable to the work. IS-24 ASSIGNMENT: This agreement, or any Interest herein, shall not be assigned, transferred or otherwise encumbered, under any circumstances by Contractor without the prior written consent of the County. IB-25 EQUAL. EMPLOYMENT OPPORTUNITY: Charlotte County, Florda, in accordance with the provisions of Tfde VI of The Civil Rights Act of 1984 (78 Stat 252) and the Regulations of the Department of Commerce (15 CFR, Part 8) Issued pursuant to such Act, hereby notifies all bidders that It will affirmatively ensure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids In response to this advertisement and will not be discriminated against on the grounds of race, color or national origin in consideration for an award. All bidders are hereby notifled that the successful bidder (Contractor) must and shall comply with the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Rehabilitation Act of 1973, the Americans with Disabilities Act and the Florida Civil Rights Act, all as amended. Specifically, Contractor agrees that: • No person shall, an the grounds of race, color, sex, religion, age, disability, national origin or marital status, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program, activity or service funded through the contract. • Contractor will not discriminate against any employee or applicant for employment because of race, color, relgion, sex, age, disability, national origin or marital status. Contractor agrees to post in a conspicuous place, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause. • Contractor will, In all solicitations or advertisements regarding program activities, services provided or applications for employment,state that all qualified applicants will receive consideration for services or employment without regard to race, color, religion, sex, age, disability, national origin or marital status. • County may require Contractor to submit reports as may be necessary to Indicate non-discrimination. County officials will be permitted access to Contractor's books, records, accounts and other sources of information and its fac€lities as may be pertinent to ascertain compliance with non-discrimination laws. it is expressly understood that County shall have the right to terminate the contract upon recelpt of evidence of discrimination. IB 26 EMPLOYEE BACKGROUND CHECK: If an owner, except a stockholder In a publicly traded corporation,. or an employee of the Contractor has been convicted of any offenses requiring registration as a sexual offender or sexual predator, regardless of the location of conviction, the Contractor shall ensure that the offender's or predator's work on the project is consistent with the terms of his probation and registry requirements. Bid No. 2021000541 64 of 329 I8,27 PUBLIC RECORDS CLAUSE TO CONTRACTORS "ACTING ON BEHALF OF THE COUNTY": Pursuant to Section 119.0701 of the Florida Statutes, Contractors acting on behalf of the County must comply with the public records laws, specifce[iy: a) keep and maintain public records required by the County to perform the �:1; J services; b) upon request from the County's custodian of publlc records, provide the County with a copy of the requested records or allow the records to be Inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 of the Florida Statutes or as otherwise provided by law; c) ensure that public records that are exempt or confidential from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and fogowing completion of the contract; and d) upon completion of the contract, keep and maintain all public records required by the County tD perform the service, and meet all applicable requirements for retaining public records. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO RETAIN AND PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE COUNTY'S CUSTODIAN OF PUBLIC RECORDS AT (941) 7434441, E-MAIL TO RECORDS@CHARLOTTECOUNTYFL.GOV, 18500 MURDOCK CIRCLE, BLDG. B, Suite 109, PORT CHARLOTTE, FLORIDA 33948. Bld No. 2021000541 65 of 329 TECHNICAL. SPECIFICATIONS & CONDITIONS VEHICLES — ANNUAL CONTRACT 010 NO, 202100GS41 TS-01 PURPOSE: It is the Intent of Charlotte County to purchase vehicles, on an "as required" basis, from a Ford Motor Company dealer. It is the specific purpose of this bid to establish a conditional contract for the required materials and to secure the cost and availability of the requirements for procurement from a source of supply that will give prompt and convenient service. TS-02 BID PRICESITERMS OF CONTRACT: Bidders shall bid unit prices, F.O.B., to Charlotte County Fleet Management, 18000 Paulson Drive, Port Charlotte, FL 33954. The prices bid shall include all costs for all transportation, labor, materials and equipment used in supplying and delivering said materials. Bid prices shall be considered firm from October 1, 2021 through and including September 30, 2022. This bid may be extended/renewed for two (2) additional one (1) year periods, by mutual agreement, provided there are no changes In terms, conditions and prices, Previous contract prices can be obtained by accessing the Charlotte County Purchasing Division's website at Iiti; :, hlurchasin. bids .r,_harlottecount, ` under "Purchasing Bids Online", Historical Catalog. The previous Contract number for this project is 98-809 and is entitled 'Vehicles —Annual Contract`. TS-03 DELIVERY: All bids will indleate the lead time required for the established quantities to be delivered. Successful bidder will be held to delivery dates. Failure to meet delivery or lead time necessitating Charlotte County to make purchases from other sources, shall cause successful bidder to be held liable for the difference of cost between awarded bid price and the cost of the required purchase from another source. Successful bidder shall notify the Fleet Manager or his designee, at a number to be provided to the awarded Bidder all least 24 hours prior to delivery. All deliveries shall be made between the hours of 8:00 a.m. and 3:00 p.m., Monday through Friday, excluding lags! holidays, unless otherwise agreed to by the receiving department. TS"04 ESTIMATED QUANTITIES: The exact quantities for this bid cannot be determined at this time. No rninimum amount is guaranteed or implied. Purchase orders will be Issued on an 'as required' basis. TS-05 SCOPE:: A. GENERAL: The vehicles to be purchased under this bid are automobiles, sport utility vehicles, passenger vans, light duty vans, light duty trucks, and light duty cab/chassis. Light duty vans, trucks, and cab/chassis cover all models up to and including Class 6 (19,501 to 26,000 Ibs, GVW). Contractors shall bid a percentage discount off of the Ford factory invoice, which shall include the vehicle base price, freight charges, and all factory production options. The Invoice submitted will be verified by the County by using Kelley Blue Book's New Car Pricing, In the event of a discrepancy, the Kelley Blue Book New Car Pricing shall supersede the submitted Invoice. Charlotte County shall participate in all fleet Incentives, price Incentives, and/or rebates available to the bidder in addition to the percentage discount bid. Each vehicle purchased under this contract shall Include as part of the base vehicle price: • vehicle preparation costs • delivery • three (3) complete sets of keys The percentage discount submitted by Bidder should take these factors Into account. From the date of the purchase order, the bidder shall have 48 hours to place the vehicle(s) order with the Ford Mclor Company, and shall provide the order number provided by Ford to Charlotte County along with the expected production time. For those vehicles requiring fabrication, the fabrication schedule shall be coordinated with a Charlotte County Fleet Department representative_ The Awarded Contractor shall make every effort to provide Charlotte County with the vehicles ordered in a timely manner and shall keep Charlotte County up to date on all information regarding vehicle delivery including, but not limited to, production and/or fabrication delays. Bid No. 2021000641 66 of 329 B. DEALER INSTALLED OPTIONS: Dealer installed options may Include but are riot limited to strobe lights, bedllners, utility bodies, and cranes. See TS-06, Criteria for Award, for the approved list of authorized manufacturers to be used for dealer Installed options. Only manufacturers on this list will be accepted. The Fleet Management Division will provide the awarded bidder with updated fists of approved manufacturers for dealer Installed options as needed throughout the contract period. Ail prospective bidders must provide a percentage figure above "actual Invoice" for any dealer installed options performed by a sub -contractor. Copies of actual Invoices must be provided as backup. Charlotte County Fleet Management will provide the awarded bidder a list of dealer installed options required for each vehicle as they are ordered. Upon request of these items, the dealer shall provide Fleet Management pricing, excluding markup, within three (3) working days. Responses must be either faxed to 941-575-3671 or electronically malted to Fleet Management. C. VEHICLE CONDMON: The bidder shall be responsible for delivering vehicles that are new and unused, properly serviced, clean, and In first class operating condition, Pre -delivery service, at a minimum, shall Include the following: 1. Complete lubrication and check all fluid levels to assure proper fill 2. Adjustment of engine to proper operating condition 3. Inflate tires to proper pressure 4. Check for proper operation of all accessories, gauges, lights, mechanical and hydraulic features 5. Cleaning of vehicle, If necessary, and removal of all unnecessary items such as tags, stickers and papers. DO NOT REMOVE WINDOW PRICE STICKER 6. Overall check for safe operating condition 7. All units must contain no less than 112 tank of fuel as Indicated by the vehicle's fuel gauge at the time of delivery. If a vehicle is delivered with less than 112 tank of fuel as indicated by the vehicle's fuel gauge, the bidder shall be assessed $40.00 dollars. 8. Vehicles not requiring fabrication shall be delivered with less than 260 miles as indicated by the vehicle's odometer. Allowances will be made for vehicles that require off -site fabrication, but vendor shall make the effort to keep mileage to a minimum. Vehicles with 1,000 miles or more as Indicated by the vehicle's odometer may not be accepted without prior approval from Charlotte County, 9. All vehicles shall be delivered with three (3) complete sets of keys. if a vehicle Is delivered without three (3) complete sets of keys, the bidder shall be assessed 10, Delivery does not constltute acceptance. Acceptance and authorizatlon of payment will be given only after a thorough Inspection indicates that the vehicle meets specifications and conditions listed herein. 11. Vehicles shall be delivered with each of the following documents satisfactorily completed: • Temporary license plate and/or county plate • Owner and/or operator manual(s). • Warranty certifications, including rustproofing, If applicable. • Copy of pre -delivery service report. • Window price sticker (still affbced). 12. Ail vehicles shall be equipped with all standard equipment as specified by the manufacturer for this model. All vehicles shall comply with the EPA Emission Standards, and all Motor Vehicle Safety Standards as established by the U.S. Department of Transportation regarding the manufacture of motor vehicles, and OSHA standards CFR 29 1910/1926. The bidder understands that the bid covers a complete, fully operative unti, as specified by the purchase order and enclosures, Including the mounting of all attachments and connections to the chassis. D. TiTLE, REGISTRATION, AND PLATES: All vehicles delivered under this contract shall be titled and registered by the successful bidder to accordance with Florida Statutes Chapters 319 and 320. Awarded bidder shall send any necessary form(s), which must be signed by an authorized representative of the Charlotte County Board of County Commissioners, with the vehicle upon delivery. Awarded bidder shall obtain necessary signature(s) and complete the title and registration process for the County, provide a 30-day temporary tag, and return a County license plate within twenty-five days of the delivery of each vehicle. The County shall reimburse the Contractor for the actual fees involved in the title application, registration, and obtaining of new license plates as charged by the State of Florida. The cast shall be listed as a separate line item on the Invoice presented for payment on each vehicle. Separate Invoicing for this reimbursement will not be accepted. NOTE: Charlotte County is self -insured; therefore, a `Proof of Insurance" form Is not required. 10 Bid No. 2021000541 67 of 329 TS-06 CRITERIA FOR AWARD: The award of this bid wdl be made to the lowest, responsive, responsible Bidder, who meets or exceeds the requirements of these specifications. The County reserves the right to reject the bid proposal of any bidder who has previously failed to perform properiy, or on time, contracts of similar nature; or who is not in a position to satisfactorily perform the contract, if, after bid opening, the lowest bidder is deemed non -responsible by the County, such bidder shall receive mitten notice from the County of this determination. The bidder shall have five (5) business days from the date of this notice to dispute the determination and to provide to the County any additional Information it deems relevant regarding the bidder's responsibility. The County shall make a final determination regarding the bidder's responsibifrty at the time of award of the contract. LIST OF AUTHORIZED MANUFACTURERS TO BE USED FOR DEALER INSTALLED OPTIONS includes, but Is not limited to: EFFECTNE 10/01/2021 1. EMERGENCY AND WARNING LIGHTS: A. STROBE - NORTH AMERICAN SIGNAL COMPANY B. LIGHT BARS & MOUNTING BRACKETS - WHELEN C. CORNER INTERCEPT— NOVA ELECTRONICS 2. BEDLINERS: A. DURALINER S. RHINO LININGS C. LINEX SPRAY IN 3. TOOL BOXES: A. DELTA B. DAYTON 4. TRAILER HITCHES: A. DRAW-TITE B. REESE 5. LIFT GATES: A. TOMMY GATE 6. ALUMINUM DUMP BODY INSERTS: A. TRUCK CRAFT B. EZ DUMPER 7. UTILITY AND STAKE BODIES: A. KNAPHEIDE B. READING C. ROYAL 8. CRANES: A. AUTO -CRANE B. LIFT MOORE 9. DUMP AND FLAT BED DUMP HOISTS: A. VENCO CONVERSION HOISTS B. RUGBY 10. TRUCK AND VAN ACCESSORIES: A. SILVER SHIELD SYSTEMS B. TAILGATERS C. MASTERACK D. AMERICAN VANS 11. SERVICE & PARTS MANUALS (CD OR HARD COPY): A. HELMS PUBLISHING 12. LAPTOP MOUNTS A. KODIAK MOBILE CF31 (DOCK B. JOTTO DESK 13. REAR MOUNTED CAMERA A. ZONE DEFENSE 11 Bid No. 2021000641 68 of 329 INSURANCE REQUIREMENTS VEHICLES — ANNUAL CONTRACT BID NO.2021000541 Contractor and subcontractors shag procure and maintain until all of their obligations have been discharged, including any warranty perlods under this Contract are satisfied, Insurance against claims for injury to persons or damage to property which may arise from or In connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. The insurance requirements herein are minimum requirements for this Contract and in no way limit the Indemnity covenants contained In this Contract. The County In no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that might arise out of the performance of the work under this Contract by the Contractor, his agents, representatives, employees, or subcontractors. Contractor Is free to purchase such additional insurance as may be determined necessary. A. MINIMUM SCOPE AND LIMIT; OF INSURANCE - Contractor shall provide coverage with limits of liability not less than those stated below, An excess tiablifty policy or umbrella liability policy may be used to meet the minimum liability requirements provided that the coverage Is written on a "following form` basis. 1. Commercial General Llability — Occurrence Form (CG 00 01) Policy shall include bodily injury, property damage, broad form contractual liability and Explosion, Collapse and Underground (XCU) coverage. The general aggregate limit shall apply separately to this projectflocation or the general aggregate llmfi shag be twice the required occurrence limit. Minimum Requirements: • General Aggregate • Each Occurrence $ 500,000 $ 600,000 a. The policy shall be endorsed to Include the following additional insured language: °Charlotte County a political subdivision of the state of Florida and Its officers, employees, agents and volunteers" shall be named as an additional insured with respect to liability arising out of the activities performed by, or on behalf of the Contractor. b. Contractces subcontractors shag be subject to the same minimum requirements Identified above. C. Policy shag be endorsed for a waiver of subrogation against the Charlotte County. 2. Automabile Llabtltty Bodily Injury and property damage for any owned, hired, and non -owned vehicles used in the performance of this Contract. Automobile liability must be written on a standard ISO form (CA 00 01) covering any auto (Code 1), or If Contractor has no owned autos, hired (Code 8) and non -owned (Code 9) autos. Combined Single Limit (CSL) $ 600,000 a. The policy shall be endorsed to Include the following additional Insured language: 'Charlotte County a political subdivision of the state of Florida and Its officers, employees, agents and volunteers' shag be named as an additional Insured with respect to liability arising out of the activities performed by, or on behalf of the Contractor, Including automobiles owned, leased, hired or borrowed by the Contractor". b, Contractor's sub -contractors shall be subject to the same minimum requirements Identified in this section. e. Policy shall contain a waiver of subrogation against the Charlotte County. 3. Worker's Compensation and Employers' Liability Workers' Compensation Employers' Liability Each Accident, bodily injury or disease $ 600,000 a. Policy shall contain a waiver of subrogation against the Charlotte County. b. Projects on or along navigable waters an endorsement for US Longshoremen and Harbor Workers and Jones Act Is required. 12 Bid No. 2021000541 69 of 329 C. Contractor's sub -contractors shall be subject to the same minimum requirements identified in this section. d. If the Contractor has no employees the Contractor must submit to the County the Workers Compensation Exemption from the State of Florida. Additional Insured — Ali policies, anaea for the Workers Compensation shall contain endorsements naming the County its officers, employees, agents and volunteers as additional insured with respect to liabilities arising out of the performance of services contained herein. The additional insured endorsements' shall not limit the scope of coverage for the County to vicarious liability but shall allow coverage for the County to full extent provided by the policy, even If those limits exceed those required by this contract. Such additional insured coverage shall be at least as broad as Additional Insured(Form B) endorsement form ISO, CG 20 10 11 85 or both CG 2010 and CG 20 37 0 later revisions used. Waiver of Subroqation Rights — The Contractor shall require the carriers of required coverage's to waive all rights of subrogation against the County, its officers, employees, agents and volunteers. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. All general or auto liability insurance coverage provided shall not prohibit the Contractor and Contractor's employees or agents from waiving the right of subrogation prior to a loss or claim. The Contractor hereby waives all rights of subrogation against the County. Policies Primary and Rion -Contributory — For any claims related to this contract, the Contractor's Insurance coverage shall be primary insurance as respects the County, its officers, employees, agents and volunteers. Any insurance or self- insurance maintained by the County, its officers, employees, agents or volunteers shall be excess of the Contractor's insurance and shall not contribute with ft. Severabifity of Interests — The Contractor agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and there will be no cross liability exclusions that preclude coverage for suits between the Contractor and the County or between the County and any other insured or additional Insured under the policy. Proof of Coverage - Prior to the commencement of performance of services the Contractor shall furnish to the County Purchasing Division Certificates of Insurance and amendatory endorsements or copies of the applicable policies. These certificates shall provide that such Insurance shall not be terminated or expire without notice thereof In accordance with the policy provisions and Contractor shall maintain such insurance from the time the Contractor commences performance of services until completion of such services. Acceptability of jnsu►apce carrier — Unless otherwise approved by Risk Management, Insurance shall be written by insurers authorized to do business in the State of Florida and with a minimum Best Insurance Guide rating of "A- VII". Deductibles and Self -Insured Retention — Any and all deductibles or selfAnsured retentions in excess of $10,000 shall be declared to and approved by Risk Management. The County may require the Contractor to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the deductible or retention. Failure to Procure Coveraqe — In the event that any policy of Insurance required under this contract does not comply with the requirements, Is not procured or is cancelled and not replaced, the County has the right but not the obligation or duty to terminate the contract or obtain insurance if It deems necessary and any premiums paid by the County will be promptly reimbursed by the Contractor or County payments to the Contractor will be reduced to pay for County purchased insurance. Ins In Review — Insurance requirements are subject to periodic review by the County. The Risk Manager or designee Is authorized, but not required, to reduce, waive, or suspend any Insurance requirements whenever Risk Management determines that any of the required insurance is not available, Is unreasonably priced or is not needed to protect the interests of the County. In addition, if Risk Management determines that heretofore, unreasonably or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Risk Manager or designee is authorized, but not required, to change the above insurance requirements to require additional types of Insurance coverage or higher coverage limits, provided that any such change Is reasonable in light of past claims against the County, inflation, or any other item reasonably related to the County's risk. Any change requiring additional types of Insurance coverage or higher coverage limits must be made by amendment to this contract Contractor agrees to execute any such amendment within thirty (30) days of receipt. Any failure, actual, or alleged, on part of the County to monitor or enforce compliance with any of the insurance and indemnifrcatlon requirements will not be deemed as a waiver of any rights on the par to the County 13 Bid No. 2021000541 70 of 329 SAFETY AND HEALTH REQUIREMENTS VEHICLES — ANNUAL CONTRACT BID NO.2021000541 SH-01 HEALTH AND SAFETY PLAN: It shag be the responsibility of the Contractor to comply with OSHA, EPA, DOT and other applicable Federal and State of Florida laws, rules, regulations or other requirements. This Includes, but Is not fimited to, 29 CFR 1926 (Safety and Health Regulations for Construction) and 1910 (Safety and Health Regulations for General Industry). Contractors are required to have a written Health and Safety Program that Is jobsite specific. The elements of this written program shall be In accordance with OSHA 1926 and 1910. A list of program elements can be obtained from Charlotte County Risk Management. The Contractor wig designate a responsible member of his organization whose duty shag be the prevention of accents at the site. This person shall be the Contractors superintendent unless otherwise designated In writing by the Contractor to the Project Manager. A copy of the Contractor's Health and Safety Plan will be submitted to Charlotte County at least 10 days prior to commencement of work Contractor shall provide documentation that his employees and subcontractors received training (been informed of) on the Contractor's Haab and Safety Plan. The Contractor will be responsible for conducting a site safety briefing for all visitors to the site. Documentation of these site safety briefings are to be maintained by the Contractor and made available to Charlotte County upon request - Contractor will post, where appropriate, all necessary job -site Health and Safety notices. The Loss Control Coordinator will conduct unannounced job -site Inspections during the course of the project. Minor safety violations may be addressed Immediately with the onsite supervisor and Project Manager. Major safety violations will result In written notification to the Contractor and Charlotte County Department Director under which the project is being performed. Hazardous conditions that are considered by the Loss Control Coordinator to be Immediately dangerous to life or limb will result In Immediate stoppage of work until the hazardous conditions are corrected. SH-02 ACCIDENTAL_ SPILLS: In the event of an accidental release or spill of chemicals or other hazardous materials the Contractor shall: • Immediately take action as appropriate to contain the spill If this action can be taken without jeopardizing the health or safety of employees, • Notify the Fire/EMS, or other entitles as needed or required, • Contact the Project Manager/Coordinator, and • Contact Charlotte County Risk Management and Loss Control Coordinator. The following phone numbers may be used In the event of an emergency: Risk Management 941.764.4191 Environmental Health and Safety Manager 941.743.1381 (or Cell 941223.6535) SH-03 CONTROL OF FUGITiVE EMISSIONS: The Contractor shall take all reasonable precautions necessary to control fugitive emissions from the job site. Fugitive emissions include, but are not limited to: nuisance dust, chemical odorstveporsigases, hazardous materials such as lead or asbestos, and noise. Where the product(s) or material(s) to be used by the Contractor has a permissible exposure limit (PEL) established by OSHA the Contractor shag take all reasonable steps to maintain emissions of the product(s) or materials below the OSHA PEL. To verify that emissions are maintained below the OSHA PEL, the Contractor shall monitor, or shall contract to have monitored, work area exposure conditions. Monitoring shall occur, at a minimum, during the start of work and whenever there is a change In procedure, process, or chemical or material used. If it Is deemed not practical to maintain exposures below the PEL, the Contractor shall restrict access to all areas where exposures exceed the PEL to authorized personnel only. 14 Bid No. 2021000541 71 of 329 A. ASBESTOS AND SUSPECT ASBESTOS CONTAINING BUILDING MATERIALS: Contractors shall, under no circumstances, damage or disturb suspect or known asbestos containing material (ACM) unless they are a licensed Florida Asbestos Abatement Contractor and have been specifically emptoyad to perform asbestos repair or removal. h Is the responsibility of the Contractor to provide his or her own asbestos awareness program In accordance with 29 CFR 1926.1101. Where required by Federal and State regulations, the Contractor Is required to have asbestos surveys performed prior to any work that Includes, but Is not Ilrrdted to, renovation, and demolition. The asbestos surrey must be performed by a firm that Is licensed In the State of Florida to perform such surveys. A copy of the asbestos survey shall be submitted to the County's project rummager. Asbestos materials may not be used or installed In any Charlotte County factlitles. B. LEAD -CONTAINING BUILDING MATERIJU-S: Contractors that will disturb lead-containtng building materials during the course of work shall take all necessary precautions to protect Charlotte County employees and the public from exposure to lead dust or contamination. These measures shall conform, at a minimum, to the OSHA requirements detailed In 29 CFR 1926.62 and applicable local, state and federal regulations. Where the Contractor Is engaged In work In chikkocupied facilities, such work shall be performed In accordance with 40 CFR 745, and clearance testing shall be performed by the Loss Control Coordinator or a licensed consultant at the conclusion of the project In accordance with the recpAremen s of this regulation. C. SAMPLING AND MONITORING RESULTS: The results of all personal and area monitoring and or other samples collected for health and safety compliance required by OSHA or any other state or federal regulatory agency shall be provided to Charlotte County. 15 Bid No. 2021000541 72 of 329 BID FORMA VEHICLES —ANNUAL CONTRACT BID NO.2021000541 TO: Senior Division Manager - Purchasing Board of County Commissioners Charlotte County Administration Center 18500 Murdock Circle Port Charlotte, Fl. 33948-1094 The undersigned, as bidder, does hereby declare that he has read the Request for Bids, Instructions to Bidders, Technical Specifications & Conditions, Insurance, Safety & Health Requirements, Bid Form, and any other documentation for VEHICLES -- ANNUAL CONTRACT and further agrees to fumish all items listed on the attached Bid Form in accordance with the unit price(s) submitted. The above specified documents are herein incorporated into the Bid Form and shall be defined as the contract documents. Please Note: For bid evaluation purposes, award will be based on the lowest total of the following vehicle and dealer Installed option purchases, calculated at the percentage discount (for vehicles) and percentage mark-up (for dealer installed options) submitted by each bidder. These quantltles and descriptions are not actual and may vary considerably. They are only given as a means of determining ! calculating the lowest responsive, responsible bidder. PERCENTAGE DISCOUNT OFF OF FORD FACTORY INVOICE (NEW VEHICLE PURCHASES) % PERCENTAGE MARK-UP ON DEALER INSTALLED OPTIONS % Reminder: From the date of the purchase order, the bidder shall have ninety (90) days to deliver (including acceptance) normal production vehicles and one hundred twenty (120) days to deliver (including acceptance) vehicles with dealer Installed options. NOTE: in accordance with Florida Statues, Section 119 (1)(b)2: Sealed bids, proposals, or replies received by an agency pursuant to a competitive solicitation are exempt from s. 1(1)(b)2 and s. 24(a), Art, I of the State Constitution except as provided by Florida Statutes 255.0518. until such time as the agency provides notice of an Intended decision or until 30 days after opening the bids, proposals, or final replies, whichever Is earlier. Upon release of the intended decision, If you wish to obtain the quote results, you may do so by visiting our Webslte at :;,:llparchasin_ bids under "Purchasing Bids Online", document number 215414. No information regarding the submittal will be divulged over the telephone. Dame of Bidder: (This form to be returned) 16 Bid No. 2021000541 73 of 329 If notified of the acceptance of this bid form, the undersigned agrees to execute a Contract for the stated compensation In the form as prescribed by the County, within the time constraints outlined in Instructions to Bidders. The signature below is a guarantee that the Bidder will not withdraw his/her bid for a period of sixty (BO) days after the scheduled time for opening the bids. In accordance with section 287.135, Florida Statutes, the undersigned certifies that the company is not on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, and does not have business operations In Cuba or Syria (if applicable) or the Scrutinized Companies that Boycott Israel List, or is not participating in a boycott of Israel. All contract documents (i.e.; performance and payment bond, cashier's check, bid bond) shall be in the name of "Charlotte County". The undersigned acknowledges receipt of the following addenda, and the cost, if any, of such revisions has been included in the price bid. Addendum No. Dated Addendum No. Dated ; Addendum No. Dated Addendum No. Dated Addendum No. Dated ; Addendum No. Dated _ HOLD HARMLESS AGREEMENT: The bidding firm as Indicated below, through the signing of this document by any authorized party or agent, indemnify, hold harmless and defend Charlotte County, a poittical subdivision of the State of Florida, its officers, agents, employees, and volunteers from all suits and actions, Including attorneys fees and all casts of litigation and judgment of every name and description brought against the County as a result of toss, damage or Injury to person or property by reason of any act or failure to act by the bidding firm, its agents, servants or employees. Type of Organization (Please Check One): individual Ownership Name of Bidding Firm Mailing Address Location Address City & State Telephone: Partnership Fax Number: Signature of person authorized to bind the Company: Print Nameffft of person authorized to bind the Company: Date: -.. (This form to be returned) 17 Joint Venture Corporation E-mail: ZiP Bid No. 2021000541 74 of 329 SOURCE OF SUPPLY AND SUBCONTRACTORS The following sources of supply and suboontractors shall be used for the VEHICLES — ANNUAL CONTRACT project. If bldder does not have a source of supply or subcontractor, insert `to be determined°. When a source or subcontractor Is determined, selection will be subject to County approval. (If not applicable, state N/A). Source of Supply 1. 2. 3. 4. 5. Subcontractors) 1. 2. 3. 4. 5. DRUM FREE WORKPLACE FORM The undersigned vendor In accordance with Florida Statute 287.087 hereby certifies that (name of business) does: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance Is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be Imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified In subsection (1). 4. In the statement specified In subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or noto contandere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring In the workplace no later than five (6) days after such conviction. 5. Impose a sanction on, or require the satisfactory pa 11 In a drug abuse assistance or rehabilitation program If such Is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement. I certify that this firm complies fully with the above requirements. Signature Dated Name of Bidder._ -- (This form to be returned) 18 Bid No. 2021000541 75 of 329 Charlotte County Agenda Item Summary File #: 2021-2733 DEPARTMENT MAKING REQUEST Budget & Admin Services Agenda Date: 9l1412021 Title 21-541, Award, Vehicles - Annual Contract (Fleet) REQUESTED MOTION/ACTION conw*3bn chernbem, Room 119 18500 Murdock Circle Port Gherfatte, FL 3390 ChertotteCou *FL4ov Agenda Item #:13. Recommended Action: a) Approve award of Request for Bids #21-541, Vehicles - Annual Contract to Bartow Ford, for a 4.27% discount off of Ford Factory Invoice, and a 0% mark-up on dealer installed options. Term of contract is from October 1, 2021 through and including September 30, 2022; and b) Authorize the County Administrator to approve the renewal options for up to two additional one- year terms, at the same paces, terms, and conditions, by mutual consent. This annual contract allows for the purchase of Ford vehicles on an as needed basis. Budgeted Action. - No action needed. Purchases will be facilitated by Fleet, and then charged to the department as budgeted in the FY2022 budget process. BACKGROUND (Why is this Action Necessary, and What Action will be accomplished) Background: This is an annual contract that allows for the purchase of Ford vehicles on an as needed basis. Contractors bid a percentage discount off of the Ford Factory Invoice, and a percentage marts -up on dealer installed options. Bartow Ford was the lowest responsive/responsible bidder, which is the highest discount. Charlotte CCU* Pape 1 of 1 Printed on M/2D21 powered by Legisiarr 76 of 329 N 00 .� ON at9��Npd 40o INTEGRITY -TRUST-HONESTY __ _ Sirwe 1948 9Pe'rg Differant li We'll Prove Itl YI 10/2021 . 'iharlotte County Purchasing Division 9 ioiberly A, Corbett, C.P.M., CPPB Senior Division Manager - Purchasing 19500 Murdock Circle Port Charlotte, Fl, 33948 MID 2021000W, VEHICLES - ANNUAL CONTRACT 11,prtow Ford will extend the Ford 5-year 60,000-mile limited powertrain warranty to 5-years, 100,000 miles on tht: following fleet vehicles for no additional charge: Model Year F-150 (Excluding Raptor) Model Year Super Duty (F-250 through F-600, pickups, and chassis cabs) Model Year F-59 Stripped Chassis Model Year F-53 Stripped Chassis Model Year Transit (Excluding E-Transit) Model Year Transit Connect Model Year E-Series 'h;s limited powtnirain warranty will be included in Bartow Ford's bid price for no additional charge. This ,:xtension applies to both gas acid diesel powertrains. If you have any questions or need any additional information, please feel free to contact me any time. ke�,pec tfully yours 12ichard Weissinger f '� si iin tercial Fleet Sales 78 of 329 ,a, BID FORM VEHICLES — ANNUAL CONTRACT BID NO.2O21000641 TQ- Senior Division Manager - Purchasing Board of County Commissioners Charlotte County Administration Center 18500 Murdock Circle Port Charlotte, Fl. 33948-1094 The undersigned, as bidder, does hereby declare that he has read the Request for Bids, Instructions to Bidders, Technical Specifications & Conditions, Insurance, Safety & Health Requirements, Bid Form, and any other documentation for VEHICLES — ANNUAL CONTRACT and further agrees to furnish all items listed on the attached Bid Form in accordance with the unit prices) submitted. The sbove specified documents are herein Inoorporeted Into the Bid Form and shall be defined as the contract documents. Please Note: For bid evaluation purposes, award will be based on the lowest total of the following vehicle and dealer installed option purchases, calculated at the percentage discount (for vehicles) and percentage mark-up (for dealer tristalled options) submitted by each bidder. These quantities and descriptions are not actual and may vary considerably. They are only given as a means of determining I calculating the lowest responsive, responsible bidder. PERCENTAGE DISCOUNT OFF OF FORD FACTORY INVOICE (NEW VEHICLE PURCHASES) 4.27 % PERCENTAGE MARK-UP ON DEALER INSTALLED OPTIONS 0.00 % Reminder: From the date of the purchase order, the bidder shall have ninety (00) days to deliver (including acceptance) normal production vehicles and one hundred twenty (120) days to deliver (Including acceptance) vehicles with dealer installed options. NOTE: to accordance with Florida Statues, Section 119.071(1)(b)2: Seated bids, proposats, or replies received by an agency pursuant to a competitive solicitation are exempt from s. 119.071(1)(b)2 and s. 24(a), Art.. I of the State Constitution, except as provided by Florida Statutes 255.0518, until such time as the agency provides notice of an Intended decision or until 30 days after opening the bids, proposals, or final replies, whichever is earner. Upon release of the Intended decision, if you vnsh to obtain the quote results, you may do so by visiting our Website at httoWrurchasingds.chaflcteco�ntyft gam/ under `Purchasing Bids Online', document number 215414. No information regarding the submittal will be divulged over the telephone. Name of Bidder; Bartow Ford Co - --- - -- (This form to be returned) 16 Bid No. 2M1040641 79 of 329 'In Of SEEASTIAN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: November 21, 2022 Agenda Item Title: Approve the purchase of an armored rescue vehicle from International Armored Group. Recommendation: Staff recommends that City Council approve the purchase of this armored rescue vehicle. This vehicle can be purchased using the International Armored Group (IAG) as a Sole Source vendor. Therefore, staff respectfully requests City Council to authorize the City Manager to execute the appropriate documents for the purchase of this vehicle. Background: The requested purchase represents the replacement of the aging armored vehicle we obtained from military surplus that has reached the end of its service life. The recommended vendor is the most advantageous to meet the required needs of the Police Department. Additional vendors that were contacted were unable to offer the same necessary emergency and rescue equipment that staff felt is needed. If Agenda Item Requires Expenditure of Funds: Budgeted Amount: $310,000 Total Cost: $309,500 Funds to Be Utilized for Appropriation: Discretionary Sales Tax (DST) Attachments: I ) Sole Source Letter 2) Extraordinary Procurement Certificate 3) International Armored Group US, Inc. (IAG) Sole Source Quote 4) LAG GSA Contract Quote 5) IAG Agreement Administrative Services Depart e Review: City Attorney Review: _ Procurement Division Re�6iew, if applicabl -` City Manager Authorization Date: f/ / IS /d 80 of 329 INTE�RNATIS, Saint`ONAL ;2096 ARMORED GROUP US, Inc. Iw3Eftwnowu.AM#cACVCeoU� Tc1: +1-904.794-4304. Fax, +1-904-794-9232.Email: jl%Lo.rinterarWorcd.com. Wcb: wwwAnreranliond.wm To whom it may concern: This letter has been written to confirm that the NIJ Level IV Sentinel ARV, including its various designs and options, is a sole source product due to its exclusive SMART ARMOR Design. The Sentinel ARV is manufactured, sold and distributed exclusively by International Armored Group, US Inc. IAG is the only company that provides NIJ Level IV AFC's with the exclusive SMART ARMOR design. This design provides 360-degree protection for occupants inside the vehicle. This includes building a single piece ballistic windshield that allows for maximum visibility while offering .50 cal protection. IAG is also the only armoring company that manufactures its own ballistic glass in-house and provides the single piece windshield design. Aside from the armouring design, the Sentinel ARV retains a proprietary off road racing inspired heavy duty adaptive suspension system insuring industry leading off -road capabilities and on -road handling. International Armored Group maintains all engineered drawings, and armoring designs needed to build the Sentinel ARV with International Armored Groups proprietary SMART ARMOR Design. International Armored Group maintains all engineered designs for their products and these products must be purchased directly from the company. There are no agents or dealers authorized to represent these products and International Armored Group has not granted any sub -license to make a similar or competing product. International Armored Group warrants that no other items or products are available for purchase that would serve the same purpose or function and there is only one price for the above -named product because of exclusive design and marketing rights. If you desire additional information, please contact me at (904) 794-4304, or by e-mail, a.wilson@interarmored.com. Sincerely, Alex Wilson Date: 10/4/2022 National Sales Manager 81 of 329 GROF SE P_S_,,_W_kN HOME OF PELICAN ISLAND EXTRAORDINARY PROCUREMENT CERTIFICATE An Extraordinary Procurement Certfflcate Is required whenever there is intent to have an exception made for an Emergency, Single Source or Sole Source purchase, below $15,000. Should the intended purchase not conform to at least one of the definitions below, refer to Threshold Requirements to determine the process for the purchase. An Emergency purchase is defined as an unexpected turn of events that causes immediate danger to public health, safety and public property; or an interruption of essential governmental services or City operations. A Single Source purchase is defined as the purchase of required goodiservice from one source because of City standardizaticn, warranty or other distinctive factors (provide details). A Sale Source purchase is defined as having only one practical source for the purchase of the required good/service (attach Sole Source Letter from vendor or manufacturer). Fully completed Certificates are subject to review and approval by the ProcurementlContracts Manager and City Manager DATE: 11 ! Z TO: Don Wizan DEPARTMENT HEAD: _,CAFF fAidI EL A Gz STD DEPARTMENT: Pdt_t ff AQ.'f-M EN'F TYPE OF PURCHASE: 13 Emergency ❑ Single Source 01sote Source PROPOSED VENDOR: �),Ii-Lk_JA'T1i'0 f %- NILoAO - �' US, _ 6,]c ITEMS OR SERVICES A( rnMt ;D Esc HICLC REQUIRED: 1 JUSTIFICATION FOR EXCEPTION TO NORMAL PROCUREMENT PROCEDURE: ACV /s F a. s�RA(h bfsrX.rRurL-_b ExftusivEl_y SY Jar A),49t►uq_. ALm c,E t- n (- a t, I'1 L1 &c ,. T14G I: rh"C nki L1/ Go rnPa,,t 1r 7*q T P06 0 L)ES 3&0 - bFc-ea kcfPc oN 1 f -v TV &PL' s fN;/ Tti' FXCWsiVE s l�T fyC!%(C7� DF lClttc CERTIFICATION OF A VAILA 6110TY/NECESSaY- ---- I hereby certify that I have thoroughly reviewed the facts and circumstances of thls requested purchase and that (1) the Department has an urgent need/emergency for the purchase of the goodsiservices and the emergency Is such that a delay through the use of normal competitive procurement methods to acquire such good /service: would not be In the public's best Interest and would be detrimental to the City; (2) due to the City's standardizatlon, warranty or other distinctive factors only one source Is available or (3) the supplier of thQ goodsfservices requested Is the sole source supplier, Submitted: /--. C' Date: D:<);artrnentKati Signature ` Approved: Date: Don Wixon, ProcurementlContracts Manager Approved: Date: Paul E. Carlisle, City Manager 82 of 329 �,, ,( - INTERNATIONAL ARMORED GROUP US, Inc, 58401151 IiWt' S, Saint Augusliue, f 1nnJu, 32Udb I+rtemwnau�AR—Ap 1 1164, Nix t 1-904-794-9232jmail, lnf wintcrarmonxi_cnm, Wdl awly imecalmun'd.-urn Sa I e 5,45 w. r ,,Price Ouote Department/ Agency: Sebastian Police Department Contact: Sergeant Cole Phone: (772) 589-5233 Email: rcole ityo#sebastia" Price USD Quantity Sentinel ARV S 269,500.00 ] Base Vehicle Information _ Engine: 6.71. Turbo Diesel Included 1 Transmission: 10 Speed Select-Shi#1 Auto Included I Drivetmin: 4x4 Included 1 Seating Capacity: 10-12 _ Included 1 5 Door Configuration: 4 Side Doors and Double Rear Doors Included 1 Included Options NU IV Armoring (.50 Cal Protection) Included 1 Radiator Protection Included 1 EArmored Firewall Included 1 Battery and ECM Protection Included 1 Fuel Tank Protection Included 1 Wire Mesh Installed In Tailpipe Included 1 Upgraded Heavy Duty Adaptive Suspension Included 1 _ Upgraded Heavy DutyBrake System Included 1 1 Upgraded HD Hinges Included I Lockable Fuel Tank Cover Included 1 Side Door Locking System (Side Doors Can Be Locked into Place at The Oocn Position) included 1 Rear Do Docked Built in Total $ 269,500.00 Included Included _ Included Included Included Included Included Included Included Included Included Included Included Included Included Included Heavy Duty Running Boards Included 1 Included Customized Seating Arrangement Included 1 Included- Customized Exterior Color Included 1 _ Included Customized Interior Color _ Included 1 _ Included Rotating Emergency Escape Hatch with Gun Port Included 1 Included i 83 of 329 INTERNATIONAL ARMORED GROUP US Inc. $540 1151 fllti }' S -Miu! :1uFu5tinr, 11oriJa, 3208h jNmmATKwa ARrva<a Gaour Tcl + 1 904 79, 4104, F,tx * 1 -904 794-9232, im ill IAfp. i jU t;4rWn't!y2m. WO A %% µAriterarmomd.com Anti -Slip Coating on Roof Included 1 Included 7" Vertical Gun Ports (12 Total) Included 1 Included Rear Compartment High -Capacity A/C and Heat Included 1 Included Custom Center Console Included I Included Power Mirror Preferred by Client Additional Options l l Tactical HD 20" Tires Mounted On HD Steel Rims $15,000,00 1 $15,000.00 With Beadiocks And FINABALL Run -Flat Inserts System Electric Winch with Remote Control 17,500lbs $3,900.00 1 $3,900.00 Capacity Hydraulic Breaching Ram with Stop Plate $10,000.00 1 $10,000.00 12 Volt Wall Plug Mounted in Bench (With USB) and $2,300.00 1 $2,300.00 AC/DC 3600 Watt inverter Law Enforcement Light/Siren Package $5,500.00 1 $5,500.00 (Includes Whclen Siren/ Light Control Unit, 100 Watt PA Speaker And (8) Red/Blue/White Strobe Lit-,hts) Remote Controlled Search and Spot Light (Go Light) $750.00 2 $1,500.00 J Back Up Camera with 10" Monitor $750.00 1 $750.00 I Skip Shields for Side Steps (NIJ III) Kevlar or Similar ( Set) $2,500.00 1 $2,500.00 2-way PA (Public Address) System $1,600.00 1 $1,600.00 Snorkel Intake System $2,500.00 1 $2,500.00 7" Monitor for Drone Pilot Included 1 Included Blackout Switch Included I Included Special Discount $5.550.00 1 S5.550A0 Tax not included in price (Client Tax Exempt will provide Form) Total Cost of Vehicle (with options) $309,500„00 " All prices are FOB St. Augustine, FL, please note sales tax has not been included. "Please note this quote is open -market, non -GSA. Delivery Terms: FOB Origin, lead time is 180 Days from Arrival of Chassis. Chassis currently in -stock. Validity: Prices are valid for 60 days Prepared By: Alex Wilson Date: 10/4/2022 84 of 329 ,, �„�� INTERNATIONAL ARMORED GROUP US, Inc. [J/ _ 5840 US i HW Y S. Smw Augustine. Honda. 1:.09h INTEP,4Ajh-mA4AwoREDGRaur Iel. 41-M4.7+94-41L14. Faa:.1 I-904'794-9212, kmai#: infoninterarmmr6d.com. VTh. v,V, in(Cl arniolcJX 1l CONTRACT No.016.136 Date: October 25th, 2022 Between: International Armored Group US, Inc. 5840 US1 Highway South St. Augustine, FL, 32086 Hereinafter called °IAG And: Sebastian Police Department 1201 Main St Sebastian, FL 32958 Hereinafter called "Client" (each a "Party" and collectively the "Parties") This contract ("Contract') is for the supply of 1 (one) new armored vehicle ("Vehiclels") with the following description: 1. Base Vehicle and Armor Specification 1.1. Sentinel ARV- NIJ IV Armoring, base chassis Ford F550 6.71- Turbo Diesel, Auto, 4x4, VIN # ... 1.2. Armoring is to be provided as stated in the specification attached herein as Appendix "A" 2. Additional features and options selected: • Color -- Black • Tactical HD 20" Tires Mounted On HD Steel Rims with Bead locks And FINABALL Run - Flat Inserts System • Electric Winch with Remote Control 17,500lbs Capacity • Hydraulic Breaching Ram With Stop Plate (No Gas Attachment) • 12 Volt Wall Plug Mounted in Bench (With USB) • AC/DC 3600 Watt Inverter • Law Enforcement Light/Siren Package o (Includes Whelen Siren/ Light Control Unit, 100 Watt PA Speaker And (8) Red/Blue/White Strobe Lights) • Two (2) Remote Controlled Spot Lights Contract # 016-136 Page 1 of 13 85 of 329 INTERNATIONAL ARMORED GROUP US, Inc. 147IR .IX)NALARwREuGaour Id: 1-904-79-1-! t 1.' I o, ' 1-9a:-7V-1.9232, Email info.. intua_rm,, Wcb wmv nterannortA win • Back Up Camera with 10" Monitor • Skip Shields for Side Steps (NIJ III) Kevlar or Similar (Set) • 2-way PA (Public Address) System • Rotating Emergency Escape Hatch with 7" Vertical Gunport • Snorkel Intake System • 7" Monitor for Drone Pilot (Drone Pilot provided by Client) • Blackout Switch 3. Delivery Terms and Shipment Vehicle will be made ready for shipment and considered by all Parties involved to have been delivered into the possession of the Client following the appropriate terms and conditions .as outlined in the following schedule: 3.1. The Vehicle will be made ready for shipment from IAG's facility in St. Augustine, Florida no later than 180 days from signing of contract by both Parties and Purchase Order receipt. 3.2. Vehicle is to be inspected at IAG's location in St. Augustine, Florida upon notification of completion, by Client's authorized inspector and considered to have been delivered in full to Client upon the Client's authorized inspector having signed the certificate of acceptance document for each vehicle as provided by IAG upon time of inspection. In the event the Client wishes to forego formal inspection at IAG's facility upon notification of completion, an acceptance document shall be forwarded to, and signed by Client in which the Client agrees to have formally accepted the Vehicle as being suitably manufactured in accordance with this Contract in lieu of an inspection having been conducted. 3.3. The Client shall use it best effort to conduct the technical inspection at reasonable time so as to meet and respect the delivery schedules as set forth herein. 3.4. Should the Client fail to conduct technical inspection within fifteen (15) days after receipt of notice for completion of the Vehicle, IAG shall have the right to conduct the inspection on the Client's behalf. 3.5. Once the Client's authorized inspector (or other as above) has signed the certificate of acceptance for any vehicle, and once the authorized freight forwarder has taken physical possession of the vehicles by accepting the keys and accompanying documentation from the authorized representative of IAG, IAG assumes no responsibility for merchandise damaged, lost, stolen, destroyed etc., and the Vehicle is agreed upon by all Parties involved to have been transferred to the possession of the Client. 3.6. Shipping and Insurance is not included, all prices are FOB IAG's facility St. Augustine, FL. 4. Additional Obligations IAG 4.1. IAG shall provide Material Certificates and IAG Manufacturing (Armoring) Certificate on request. Contract # 016-136 Page 2 of 13 86 of 329 ,(r= INTERNATIONAL ARMORED GROUP US, Inc. INTamunowuArtro oGRarr inroi;intemmond.COm.l4rb NY%%".inlcraenrufcd kci Client 4.2 Client must provide tax exempt certificate at time of contract signing 4.3 Client agrees to provide any applicable paperwork as requested by IAG such as End User Certificate on template provided by IAG 4.4 Client agrees not to export the product from the Client's country without obtaining the consent of International Armored Group. 4.5 Client indemnifies International Armored Group from any liability (including defense costs) arising from unauthorized diversion. 5. Pavment Terms 5.1. Payment is due 30 days after vehicle inspection and acceptance by the Client at JAG's location. Payment should be transferred via wire payment to IAG's bank account as provided to the Client or via certified check. 6. Contract Price (all pricing Is in U.S. dollars) Sentinel ARV as above.......................................................................................$309,500.00ea SalesTax..................................................................................................Tax Exempt TOTAL (one (1) unit purchase).................................................................... $309,500.00 7. Confidentiality 7.1. Both Parties to this Contract agree to keep any and all details of this Contract strictly confidential, and not to disclose any of the information contained herein to any unauthorized person(s) or entities which may be construed as current or potential clients of, or competitors to, IAG and/or any of its associated and/or affiliated companies or holdings. 7.2. For the purpose of this Contract Confidential Information shall mean any and all information, which is supplied or disclosed, directly or indirectly, in writing or in any other means, by IAG to Client including, but not limited to any documents, drawings, designs, materials, samples, prototypes, data, know-how, and which at the time of its disclosure: or supply is identified as confidential. 7.3. Parties shall not publicize, inform, or discuss, directly or indirectly, with any third -party information pertaining to prices, rates or design anyhow related to this Contract, 7.4. This Contract and all commercial documents and information, prior this Contract and for now on, are considered confidential and have a non -disclosure obligation for the period of (two) years from the termination of this Contract. 8. RIght of Lien 8.1. All Vehicles shall be subject to a particular and general lien and right of detention for monies owing either in respect of the vehicles, or for any particular or general balance: Contract # 016-136 Page 3 of 13 87 of 329 INTERNATIONAL ;.ARMORED GROUP US, Inc. NfERRATMAL ARVORW GROUP I cl. i 1-1104 704 4104 Fn � I -w0-1 394 9-,32, Email info a in erarm m, WO www interannorcd anin related to storage fees and charges or other monies owed by the Client to IAG. Upon 1 (one) year of the date of this Contract if these monies remain unpaid for 10 (ten) days after IAG sends notice of the exercise of its rights, the title of the Vehicles shall pass onto IAG which shall have the authority to sell the Vehicle at its sole discretion. 8.2. Notwithstanding any other provisions herein, if the Client becomes insolvent or files a petition for bankruptcy, IAG is entitled to withdraw from the Contract; to dispose of the Vehicle without prior notice to Client; and to be indemnified for all direct or indirect expenses related to this Contract incurred by IAG. 9. Governinq Law and Jurisdiction This Agreement has been executed in the State of Florida, the validity, interpretation, construction, and performance of this Agreement shall be governed by the Laws of the State of Florida and the Federal Laws of the United States of America. It is agreed that any controversy, claims, and or dispute arising out and/or relating to any part of the whole of this agreement or breach thereof and which is not settled between the signatories themselves, shall be settled and binding by and through arbitration in accordance with the rules and laws of the United States of America. Any decision and/or award made by the arbitrators shall be final, conclusive, and binding for the parties and enforceable under the laws of the United States. 10. Force Maieure and Change of Law IAG shall not be liable to Client for any loss, delay or failure to perform resulting directly or indirectly from fires, floods, hurricanes, earthquakes, riots, strikes, change of law, pandemics or other circumstances beyond IAG's reasonable control. In the event of a force majeure occurrence, 1AG will make all reasonable efforts to remove such disability within 30 (thirty) days of giving notice of such disability. If the disability continues for more than ten (10) days after the cessation of the reason for such disability, IAG shall have the right to terminate this Contract upon notifying the Client. 11. Notices Any notice or other communication required or permitted to be given under this Contract shall be either in writing and mailed by certified mail to the addresses first written above or sent via electronic mail. 12. Assignment This Contract is not assignable in whole or in part by either Party without express written consent of the other Party, Contract # 01 fi-136 Page 4of13 88 of 329 INTERNATIONAL ARMORED GROUP US, Inc. LJ _ `840 L;S 111W Y S. Sams Augustine, I iofid i. 32( iM kmawpmAL ARMON®{;RWP Ic1'. "`I-!H)4-,'i4-43N Fax: 11-90.1 794 9212, Fmr.r1 intbuinterannomti.cent. Wcb- intv:ar;aored.win 13. Severabillty If a provision of this Contract is found to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. 14. LanauacLe This Contract is in the English language and any versions of this Contract in any other language shall not be binding on the Parties. 15.Amendments This Contract may be amended only by a written instrument executed by authorized representatives of IAG and Client. 16. Acknowledoement I Acceptance We, the undersigned, have read and understood the terms and conditions contained herein, and hereby accept this Contract as authorized signatories for, and on behalf of our respective organizations and/or entities as named in this Contract. Signature of this Contract shall be deemed to be an executed Contract enforceable and admissible for all purposes as may be necessary under the terms of this agreement. Signatures on this Contract received by the way of Facsimile, Mail and/or Email shall be deemed and executed Contract. This Contract shall be deemed valid only after signing by both Parties involved. International Armored Group US Inc. Per: (Authorized Signature) Printed Name and Title Alex Wilson. National Sales Manaoer Date: 22nd day of April, 2022 Affix Company Seal (Optional) Contract # 016-136 Sebastian Police Department Per: (Authorized Signature) Printed Name and Title Date: day of Affix Company Seal (Optional) Page 5of13 89 of 329 • _ 11jI fL,�� INTERNATIONAL ARMORED GROUP US, Inc. J^ L _, �.1 I�SI }}\i.,i ��. ._.:111. �1ll�ll �:!I:� ; .l!'. Ill::_ .. _'!i\i.i _ ___• tNfi RM►710X►L MYOR® CiMOiP t l'. - Ii ''• �:'.' i I " '�'�'4 _.; , F.-r�III in o a intq[81M10tt;d,COf11, \�• .-I-. ,�.-L\ tl .11ll�::t l'117i rS l'ii ...�: i. APPENDIX A TECHNICAL SPECIFICATION SENTINEL-ARV-V8-DIESEL-AUTO SPECIFICATION: IAG SENTINEL ARV 6.713SL V8 AUTO This specification outlines the design modifications to be applied to the above mentioned vehicle in order to convert this vehicle to a protective armored vehicle. Contract # 016-136 Page 6 of 13 90 of 329 t. _; ��ZA\W( sI) /+ Iw ERr Twnu A utAmp VRCUP INTERNATIONAL ARMORED GROUP US, Inc. `? 1t11'1I I{'N 1 �. sin: Aj,rin,Li,:. I kllL l.,, f1ilj0 n; ill info a inierBrmorcd.com, tit } n uw in1, iarmnrcd,r.wn 1.0 Base Vehicle Details Chassis • Ford F550, 4x4, Left-hand drive Engine Engine: 6.7 Liter Power Stroke V8, Turbo Diesel Transmission • Transmission: TorgShiftO 10-Speed SelectShift® Automatic Steering • Power -assisted Electrical • 12V system 2.0 Armoring Specifications and Upgrades 2.1 Opaque Armor • Five sided armoring of vehicle to provide up to NIJ IV level protection • Vehicle armoring shall be constructed in such a way as to ensure that a projectile following a linear or angled path will not enter the vehicle's Interior • Roof is constructed of ballistic steel rated to NIJ IV Floor is outfitted to protect occupants against blast and fragmentation grenades. 2.2 Transparent armor A combination of glass, polycarbonate and Mylar are bonded together using the latest technology, producing one cf the finest transparent armors available while incorporating the following qualities: • Glass is positioned geometrically to obtain optimum blast mitigation from side blasts due to improvised explosive devices. • Anti-spall shield protecting against shattering glass • Finest optical quality, minimal to no distortion • Transparent armor rated to provide up to NIJ IV level protection 2.3 Engine Compartment • Engine compartment protected to NIJ IV vertical • Hood protected to NIJ III1136 10 Ar•inoring and Per-lorrnance Upgrade Detail: 3.1 Doors and Hinges • 5 Entry and exit points are located on the top, rear, and each side of the vehicle • Large dual rear door design for ease of loading medical litters • Rear doors lock at 90' and 180' • Ladder built into rear doors for roof access • (1) Gun -port per rear door • Large side and rear steps • All door hinges are engineered -for -purpose heavy-duty type hinges, capable of sustained functioning of heavier armored doors. • The hinges directly connect to the armoring steel in the doors and the armoring steel in the pillars • All interior door panels include reinforced robust grab handles in order to assist with the opening and closing of the heavier armored door Contract # 016-136 Page 7 of 13 91 of 329 Yit-1It�� INTERNATIONAL ARMORED GROUP US, Inc. WERKAnwu Akw_,w Gao�r- info a inlcrarmorecd scan, V4r' _ rz .•,,.:.; • Two interior manual locking latches are installed in all doors in order to prevent unwanted access to the interior of the vehicle while maintaining ease of access to the vehicle • Each and every door aperture, including the optional roof mounted turret, will be installed with ballistic steel overlap and splash return around the entire door aperture, 3600 of the aperture, to prevent any ballistic penetration and keep the armored door in place in the event of a large side blast 3.2 Seats and Interior Upholstery • Total seating for 10- 12 personnel • Driver and commander bucket seats with 3-paint seatbelts. Upholstery is strong fabriclvinyl similar to CEM design, in order to maintain ease of maintenance • 2 crew folding jump seats in middle row rear facing • Bench seats, made of water resistant heavy duty vinyl, in the body of the vehicle configured to allow for viewing, monitoring and firing through the firing ports • Storage under the bench seats is provided for equipment 3.3 Air -Conditioning system • An air circulation system is installed in the vehicle with intake/exhaust electrical fans • A 12V auxiliary heating/air-conditioning system is installed in the seating area of the vehicle to allow for climate control in addition to the OEM air-conditioning unit 3.4 Tires and Run Flats • All wheel rims, including the spare wheel, is of steel construction and certified to carry the weight of the vehicle • All five wheels are fitted with Hutchinson run flat devices 3.5 Suspension System • IAG uses upgraded suspension components as our company standard on all vehicles • The suspension system is designed for both on -road and off -road conditions • Heavy Duty Suspension (includes HD sway bars, HD shock absorbers, HD front coil springs, HD rear leaf springs, HD rubber springs front and rear to create additional lifting points) 3.6 Bumpers • Front heavy-duty steel ram bumper is custom designed by IAG to fit the specific designs of the ARV • The front bumper includes two reinforced towing points, one right and one left, for the attachment of shackles and towing straps. • Heavy-duty rear ram bumper has two reinforced towing points, for the attachment of shackles and towing straps. • The rear bumper of the vehicle configured with large rear step/platform for ease of entry and exit as well as quick deployment 3.7 Gun ports • Twelve (12) spring loaded, swing type gun ports are installed in the vehicle, each positioned to provide easy access and use from each passenger's seating position. • An additional gun port is provided in the rotating hatch_ 3.8 Instrument Panel • All indicators required for proper operation of the vehicle, including speedometer, tachometer, coolant temperature, fuel level, oil pressure, odometer, door open indicator, and water in fuel indicator are included • Custom designed center console with switches 3.9 Tools included with vehicle • Vehicle Tool Kit Contract # 016-136 Page 8 of 13 92 of 329 INTERNATIONAL ARMORED GROUP US, Inc. !1 r1l:p lvl:. HoTido, 120S6 I.na•.RAnroREo Gs+aur �;4 E . ;- I c4111 i44.1 v232, Email infQ�? in[clarmor�d�com, 41 rl. ,t,,,, inmdrinoivd ko;! • Heavy duty hydraulic jack, capable of lifting the weight of the vehicle • Tire iron • Operator's manual • Electrical wiring manual 3.10 Additional features and options selected: • Armored Firewall • Radiator Protection • Battery and ECM Protection • Fuel Tank Protection • Lockable Fuel Tank Cover • Wire Mesh Installed in Tailpipe • Upgraded Heavy Duty Suspension • Upgraded Heavy Duty Brake System • Upgraded HD Hinges • (13) Gun Ports • Side Door Locking System (Side Doors Can Be Locked into Place at The Open Position) • Rear Door Locking System (Rear Doors Can Be Locked into Place at 90" and 180") • Built in Ladder on Rear Doors for Roof Access • Heavy Duty Tactical Door Locks (3 Position Blast Locks) • HD Auxiliary Air Conditioning/Heat Unit for Rear Cabin • Tactical HD 20" Tires Mounted on HD Steel Rims with Bead locks And FINABALL Run -Flat Inserts System • Electric Winch with Remote Control 17,500lbs Capacity • Hydraulic Breaching Ram with Stop Plate (No Gas Attachment) • 12 Volt Wall Plug Mounted in Bench (With US8) • AC/DC 3600-Watt Inverter • Law Enforcement Light/Siren Package (Includes Whelen Siren/ Light Control Unit, 100 Watt PA Speaker And (8) Red/Blue/White Strobe Lights) • Two (2) Remote Controlled Spotlights • Back Up Camera with 10" Monitor • Skip Shields for Side Steps (NIJ III) Kevlar or Similar (Set) • 2-way PA (Public Address) System • Rotating Emergency Escape Hatch with 7" Vertical Gunport • Snorkel Intake System • 7" Monitor for Drone Pilot (Drone Pilot provided by Client) • Blackout Switch Contract # 016-136 Page 9 of 13 93 of 329 INTE4RNyATION-AL,ARMORED GROUP US, Inc. IN,sarrRnoruu AsuoRm Gsour 10: 4 l -tAI4 794 4304, Fax: - t -904 794 9 , . Etnait info a inlem mored.com, W cb ww%v tnlclartnored.com & 4.0 Ballistic Spee fications The following table represents the ballistic protection levels for the above -mentioned vehicle for both transparent and opaque armor: 0 Opaque Armor: Armored passenger compartment roof and 4 sides. Floor to protect occupants against fragmentation grenades similar to 2xDM51 German hand grenades. Nld Standard - 0108.01 BALLISTIC RESISTANT PROTECTIVE MATERIALS 11 1 � 22 LRHV Lead 36 Special 2.6 g 40 gr 10.2 g 15 to 16.5 em 6 to 6.5 in 15 to 16.5 em 320 112 mis 5 1050 140 N1s 299 115 mis 6 RN Lead 155 gr 5 to 6,5 in 6 W 3 50 Iva ' 357 Magnum JSP 10-2 9 158 9r 10 10 cm 4 l0 4..7 75 1n S 15 15 2 1250 ± 6tl 1111; 1250160 � 9mm 8.0g 10to12cm 332312mis 5 FMJ 124 or 4 to 4.76 In t090 t 40 ftls 357 Magnum 10-2 9 15 to 16.5 cm 425115 m!s $ JSP 1 gr fi to In 1395 t . gm d.g 1m 10 to 2 cm 158312 mis 1a b FMJ 124 gr 4 to 4.75 In 1175.140 We 44 Ms9num Lead SWC 16.65 g gr 14 to 16 cm 5.5 6.25 In 426 1 15 mh, 5 1400 150 6ss I 0 8.0 g o 24 to 26 cm 426 Y 15 rttf4 5 Ve Ghechad 124 gr 9.5 to 10.25 in 1440 S 60 rtls 9 mm FMJ r L� 4 ■ 1 7.52 mm 309 Winchester FMJ 9.7 g 150 Ur 56 cm 22 In 938 S 15 m!s 5 30-05 10.8 g 56 cm 618 3 t5 refs 1 AP 165 gr 22 In 2850 S 60 f0s. 5,0 Warranty International Armored Group warrants any armor related items installed, and conversion related custom workmanship. Warranty shall be in effect from the date of signing the acceptance documents from Client or Client's authorized inspector for one year, or 36,000 miles, whichever comes first; any suspected warranty related work must first be confirmed as being necessary by means of technical consultation with a representative of International Armored Group. Coverage applies to the original vehicle owner only. Technical consultation regarding any repairs or malfunctions is available by telephone during our normal operating hours. Warranty work to be directly covered by International Armored Group shall be performed locally only a,ler assessment and authorization by International Armored Group. International Armored Group shall, upon consultation and approval, make payment for any/all repairs deemed to be of a reasonable nature by our management and engineering department. Provision of parts and accessories covered by the warranty shall be INCOTERMS 2010 Ex Works at International Armored Group facility. International Armored Group does not cover any OEM vehicle parts and components that have not been modified or preformed work on during the armoring process. Such parts and components are the sole responsibility of the client and the vehicle OEM. International Armored Group assurnes no responsibility for damages incurred through vehicle misuse or abuse, negligence, accidental damage, or any unauthorized modifications or alterations made to the vehicle following delivery of the vehicle to the client. Under the terms of this limited warranty, International Armored Group, shall in Contract # 016-136 Page 10 of 13 94 of 329 INTERNATIONAL ARMORED GROUP US, Inc. SS 1;' I,�, i 11ik S L.' m-nW Ali g j.,,Lmt: rlot:dti, 3;0"o GrrewuiXMA_ Aptvoua Geour I t l I; 3, r r 12, L!nail. info it interarmprCd.Ccsm. 'A, I, r-,- ,. 111!, ;ann0tcd.. uu, no way be held liable for any incidental or consequential damages arising from loss of use or time, inconvenience, or commercial loss resulting from the need for warranty work. This warranty covers the repair and/or replacement of warranty related items only, and any non -warranty related additional costs incurred remain the responsibility of the client. Accessories not directly related to the armoring process (winches, lighting, shields, etc.) shall be covered by the warranties of their respective manufacturers and are not included in the warranty coverage provided by this agreement. However, although International Armored Group does not warrant these items directly in any way, we do agree to offer any reasonable assistance in obtaining servicing from their companies of origin. Should there be any undue difficulties with obtaining servicing of these accessories; International Armored Group will also agree to replace them for the client at our current wholesale cost price. The client shall remain responsible for any/all shipping and handling fees or incidental costs associated with the replacement of such items, as well as the aforementioned replacement cost. 6.0 Prescribed Maintenance for th, Armored Vehicles: The vehicle maintenance and service schedule below must be followed for the warranty duration of the 12 months120 36,000mile. Failure to comply will vold the IAG warranty. Although the Original vehicle manufacturers regularly scheduled maintenance plan, as provided in the vehicle documentation, is designed and written to meet the mechanical needs of the platform vehicle, the additional weight and other requirements of the armor conversion have necessitated some changes to this routine. The following items are the changes and/or additions to your vehicles regular maintenance which have been recommended by the engineering staff of IAG in order to ensure the long life and continuing top performance of your vehicle and all of the features therein. Ballistic Glass Maintenance: The inner surface of the glass consists of polycarbonate, which has an excellent capability to absorb kinetic energy and stop bullets. It is not recommended to use cleaning agents to clean the ballistic glass, because they could damage the internal polycarbonate layer. Always follow the rules below: • Do not leave your vehicle exposed to direct sun light. Try to protect the glass using a car cover • Clean your glass with a clean cotton cloth, free of particles or abrasive fibers. • Avoid cleaning your glass under direct sun light, * Always use clean water only. If necessary, use a solution of gentle baby shampoo and rinse with lots of water. • In case of stubborn marks, you can use a soft glove cloth impregnated with 50% vlv isopropyl alcohol or ethanol in water followed by thorough rinsing with water. Change the cloth frequently. • Avoid the use of any abrasive cleaning cloths like paper, thick sponges etc. • Do not clean the glass with nail polish remover, gasoline, thinner, silicone or other aggressive dissolvent. • Do not paste stickers or adhesive papers on the inside surface of the glass. • Never scratch the glass surface with a sharp instrument. Mechanical Maintenance: • Change oil, oil filter and air intake filter as described in the table below, as engine operates under higher stress. Follow OEM manufacturer's recommendations for oil viscosity ratings. Change transmission and transfer case fluid and filter and replace differential oil in axles to increa&,t powertrain life. Follow OEM manufacturer's recommendations for fluid type. • If vehicle is to be used in an area with fuels of low quality (Iraq is a prime example of this), change fuel filter as described in the table below or when you get any message on the display. It is also recommended the the fuel level not be allowed to drop below'/ tank. This will aid in the cooling of the fuel pump and ensure a longer lifespan for the system. Contract # 016-136 Page 11 of 13 95 of 329 OL�- [I II ((-� IMPKAT w+nr IutWM GRMP INTERNATIONAL ARMORED GROUP US, Inc. T r l c,ri 1 ?•iy .: ;1-1, ! U., I .lji I 7C"4 Fw:=.tf info: iwerarntare4 Coin. W, • Check suspension components (springs, struts, torsion bars, etc.) for wear once a month, and ensure all fittings are tight. This is of particular importance in areas where vehicle is regularly used In rough terrain, as components may work loose with time. • If operating in dry or dusty environments, lubricate all hinges, bearings, joints, and any additional moving parts monthly. This will prevent items from seizing and/or cracking due to the combination of heavy load and debris. • Inspect brake system (front and rear rotors, front pads, and rear shoes) once monthly for any signs of excessive wear and/or damage. It is recommended that brake pads be changed as often as necessary. • Visually Inspect tire pressure and tread depth weekly, should any anomalies be present, it is strongly recommended that tire be changed and fully examined for defects and/or excessive wear or damage. • Inspect belts and radiator and hoses monthly for dry rot, damage, and wear. Replace any damaged and/or defective parts immediately to prevent serious mechanical damage. Kilometers Months Check Every Month Air filter restrictions gauge (if available) or inspect manually. Engine oil level. Function of all interior and exterior lights. Windshield washer fluid level. Cooling system fluid level Fuel andwaterseparatar.DrainifneoesseryordindicatedbytheiMonradon display. Holes and slots in the tall pipeto make sure they are functional and clear ofdebris. Check Every Six Months Battery connections. Clean if necessary. Body and door drain holes for obstructions. Clean If necessary. Door weather strips for wear. Lubricate If necessary. Hinges, latches and outside locks for proper operation. Lubricate if necessary. Parking brake for proper operation. Safety warning lamps, brake, ABS, airbag and safety belt for operation. Washer spray and wiper operation. Clean or replace blades as necessary. Service and maintenance schedule 5K 10K 15K 20K 25K 30K 35K 40K 3 1 6 9 12 15 18 21 1 24 Change Engine Oil And fitter x x x x x x x Change Automatic Transmission fluid And filter Axle fluid Change Rear Axle fluid Change'fhe Engine And Secondary Cooling System Coolant Change Transfer Case fluid Contract # 016-136 Page 12 of 13 96 of 329 INTERNATIONAL ARMORED GROUP US, Inc. 5840 US ] H WY $, Saint Augustine, Florida, 32086 NTIOMAM"M A". ,i.U' G1,ow. '1"I I 1 094 791 4304, Fax: 4 1-904-794-9232, Email: infoLj iulerarmorod.eom. Web: www.inierarmored.com Replace Cabin Air Filter Replace The Engine Mounted And Frame Mounted Fuel Filters Replace Brake oil Replace Steering Oil �X� I X l x l x Replace Accessory Drive Belts Fuel And Water Separator. Drain If Necessary Or H Indicated By The Information Display x x _ Rotate The Tires, Inspect Tire Wear x x Top Up All The Fluids X x Inspect Accessory Drive Belt(S) x x Inspect Brake Pads, Shoes, Rotors, Drums, Brake Linings, x Hoses And Parking Brake Replace If Necessary x x Inspect The Air Filter By Restriction Gauge If Available Or I x Manually. Replace The Filter If Necessary_ Inspect All Hoses Replace If Necessary x x Clean Battery Terminals, Replace If Necessary x x Inspect Steering Linkage Lubricate If Equipped With Grease x FitUn s x Inspect Ball Joints Lubricate If Equipped With Grease Fittings I x Inspect Suspension Lubricate If Equipped With Grease Fittings x Inspect Tie -Rod Ends Lubricate If Equipped With Grease Fittings x Inspect Drive Shaft Lubricate If Equipped With Grease Fittings _ x Inspect U-Joints Lubricate If Equipped With Grease Fittings 1 x Torque Check All Under Belly Nuts And Bolts I X Inspect Accelerator, Brake And Clutch Pedal(If Avallable) For Over -Play _ Inspect Hand Brake Lever For Over -Play x Inspect Seat Belts X Inspect Body And Chassis For Perforation Due To Corrosion X Inspect Glasses For Delamination X Inspect All Interior Accessories X Inspect the Automatic Transmission Fluid Level x Inspect the Engine and Secondary Cooling System Coolant Concentration Freeze -Point Protection, Level and Hoses x I Lubricate All Hinges x Contract # 016-136 x X X x x x x x x x x X X X x X X X x X x x X XX 1XX X X : x x I x X X X x x X x T x I x X X X x x X X X X X X x X X X x x x x x x l x l x x x x x x X x x x x x I x x x x x x x x x x x x x X x x x x x x X x x x X x x x x x x X x X x XX x t x x x x x x x I x I x I x I x I x' X Page 13 of 13 97 of 329 MyLf CC�� a7�"BASTL HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: November 21, 2022 Agenda Item Title: Award Invitation to Bid (ITB) #22-12 City Hall 2"d Floor Carpet Replacement to Curren Flooring Company in the amount of $41,210.10. Recommendation: Staff recommends that City Council Award ITB #22-12 City Hall 2n4 Floor Carpet Replacement to Curren Flooring Company for a total cost of $41,210.10 and authorize the City Manager to execute the appropriate documents for the purchase and installation of new flooring and cove base for the 2"d floor. Background: An ITB soliciting these services was advertised via local newspaper and released on Thursday, October 20`' 2022 via the City's website, DemandStancom and VendorLink. All bids were due on Wednesday, November 9th 2022 at 2pm. However due to Hurricane Nicole we issued an addendum changing the date in which bids were due to Monday, November 14`" 2022 at loam. Three (3) bids were received and all three (3) bids met the basic bid requirements of the City. All bids were reviewed for responsiveness to ensure all requirements were met as provided in the solicitation documents and specifications. It is recommended to award ITB #22-12 to the lowest, responsive and responsible bidder, Curren Flooring Company for the Purchase and Installation of new Carpet Flooring and Cove Base in the 2"d Floor of City Hall. If Agenda Item Reauires Expenditure of Funds: Budgeted Amount: $45,000.00 Total Cost: $41,210.10 Funds to Be Utilized for Appropriation: General Fund Attachments: 1. ITB #22-12 Bid Forms 2. Bid Tabulation for #22-12 Administrative Services Departme Review:_ 1 City Attorney Review Procurement Division Review, ' applica e: City Manager Authorization: Date: 98 of 329 ADDENDUM 2, P OPWAL FORM l-yD I Cove Base Material Cost & Install a" Cove Bases - Per Lineal Foot Remove 4" Cove Base — Per Lineal Foot Carpet Tile Material Cost, Floor Prep & Install Carpet — Per Square Foot Remove and Dispose of Existing Carpet — Per Square Foot Total of the above: Price Pcr Lineal Foot $ Q� Per Lineal Foot $ I, 32D o ._ Per Square Foot $ Per Square Foot S The Citv acid the contractor have established. and 1 in oiace, a reasonable 15% continc,enc%, Man to address. correct and $ otherwise repair the floor as a rests of Aqfects. The City Protect ! Mansoer shall. at his/her Sole and Absolute D)scretion make the final decision conceminc� the renalr. Please include a separate line Itorn equal to 15% of vour, r total Cos - -_— - --- ----- — --- --- _ The Clty is requesting a separate total lump sum price of 15p S sure eet of additio pl carnet tiles line ors the prot)osal form. Price 5'& 35, 5q4 -45,i&q, io _% fI )-n . 00 Cortiracter• I certify this bid is made without any agreement. or connection with any corporation, firm or person submitting a bid for the same materials, supplies, equipment or services, and in all respects fair without collusion or fraud. The person signing below acknowledges and agrees with all proposed information as submitted and has the authorization of the said company to enter into a contractual agreement with the City of Sebastian for the purposes as proposed and described herein. Bidder shall warrant that the unit prices, terms, and conditions quoted in the Bid will be held for a period of not less than niajty f90) days from the solicitation opening date. Company Name: —%t�rS Authorized Signature:. __— _ Date:__A ,'Z 1=2_ Printed Name 2of2 r i 99 of 329 ADDENDUM 2. PROPOSAL FORM SED Cove Base PAW Material Cost do hutlk 4" Cove Bases — Pee Lineal Foot I Par Lineal Foot $�' L y Remove 4" Cave Base — Per I,iueal Foot I Per Lineal Foot $ • 3� Carpet 4 ie Price MatWd Cost, Floor prep & Install Cmpet — Per Square Foot Per Sgttaro Foot $ ,Ir.� (v Rea:ove and Dispose of Existing Carpet — Per Square Foot I per Square Foot $ ToW gfthe above: I :* 3S' GSZ.. 0 o — The Cltv and the contractor have established. and out in place, a reponable 15% conflnoencv olefintp address, corrsc� and $ �" 3��. $ O othennrke Mmlr the floor as a msuR of defects. The 61 Proiec( Manager shall. at �kvfher Sole and "kite Dlsc retion make the final decolM cRr Mina the raDalr. Ptease Include a seaarate time Item eaual to 15% of vour total.cast. The ON Is reauestina a separats.WWI Iump sum price of 160 $ 7 Z o• o O souare.feet of additional carnet VW line on the amoossel form. rn Contractor: I certify this bid is'made without any agreement or connection with any corporation, firm or person mdwd tin& a bid fQ the same materials, supper, or services, and in all respects fair without collusion or fiend. The person aigoiing below acknowledges and agrees with all proposed h6 ma6w as submitted and has the sothorir? n of the said company to enter into a contactual a. with the jCity of Sebastian for the purposes as proposed and described herein. Bidder shall waasat fat the unit' terms, and conditions quoted in flue Bid will be held far a period of not less than ninety l40) days fmm the solicitation opening daft. Co Name. C Ue )r:ZLW*ZJ CA44C4— ONE 3igt:admt: Date: PriatedName: uig Li a&kA SJCc 17 fZ£4t 2 of 2 100 of 329 M ADDENDUM 2. PROPOSAL FORM REVISED Cove Base ill Cost & hrstall4" Cove Bases — Per rues, Foot Remove 4" Cove Base —Per Lineal Foot Carpet The Material Cost, Floor Piap & Install Carpet — Per Square Foot Remove and Dispose of Existing Carpet — Per Square Foot Total of tine above: The Clkv and the contractor have established. and put in Discs. a repsonabte 15% conttnaencv plan to address. coned and otherwise repair the floor as a result of defeds. The Cftv iroied Maneaer shall. at his W Sole and Absokde Discretion make the final decision co wemtna the repair. pituute Include a o9oarabe Me tram equal to 15% of vour toter cost The Cltv is muestina a separate total Iump stun price of 150 square feet of additional caroet tiles lute on the proposal form. i Priee Per Uneal Foot $ a•�S Per Lineal Foot $ 1135 Price Per Square Foot $ R Per Square Foot $ ,q6 _f y5. I$ 6175 •i9 S IJO COM—dw. I cxrdfy this bid is made without any agreamw or :.:.- with any corporation, frm or person sabmitting a bid for the same matm*d1s, supplies, equtment or service4 and in all respects fair without collision or fi=4 The person signing blow acknowledges and agnm with all proposed information as submitted and has the authorization of the said company to antes into it contactual agreemea# with the City of Sebastian for the puipases as proposed and described herem Bidder shall wmrant tit9 the unit prkes, terms, and ecndhWw quoted in the BW will be held fi)r a period of not less than in itetvM diays from the solicitation opmung date. Cwmparry Name: P(^ ,' w l y4o Authorized Signature:^ - Flirted Name:_ 5 2 of 2 Daze: VA /_ 101 of 329 0 N 0 w N S HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: November 21, 2022 Agenda Item Title: Snow's Space Coast Superior Events — Winter Wonderland Recommendation: Staff recommends approval for the Winter Wonderland Event. Background: Barb Snow of Snow's Space Coast Superior Events is seeking Council approval for a 3 day Arts and Craft event at River view Park. Attendees range from 100-500 people throughout the event. If Agenda Item Requires Expenditure of Funds: NIA Budgeted Amount: Total Cost: Funds to Be Utilized for Appropriation: Attachments: 1. Special Event Permit Application 2. Certificate of Liability Insurance 3. Payment Receipt Administrative Services Department Review City Attorney Review: Procurement Division Review, if applicable: City Manager Authorization: Date: ////i(� v NIA NIA NIA 103 of 329 an Lf SEWkST�-L4% HOME OF PELICAN ISLAND CITY OF SEBASTIAN PARK USE: PERMIT APPLICATION 1225 Main Street, Sebastian, FL 32958 Parks Phone: (772) 228-7054 Fax: (772) 388-8249 'Foremergency purposes ONLY, please dial77Z.473.D454* NO PERSON SHALL DRIVE OR PARK ANY UNAUTHORIZED VEHICLE ON ANY AREA WITHIN ANY PARK OR RECREATIONAL AREA EXCEPT DESIGNATED PARK ROADS OR PARKING AREAS. ORO. 74.4.DRIVING OR PARKING ANY UNAUTHORIZED VEHICLE IN THE PARK AREA WILL RESULT IN FORFEITURE OF THE SECURITY DEPOSIT. Please check appropriate b (es): Park Event (75 to 300 anticipated attendeesi Special Event (301 or more anticipated attendees) $100 Security Deposit - $100 rent plus 6.5% tax - $106.50 $200 Security Deposit - $200 rent plus 6.5% tax - $213.00 Will event require road closures (` %0 *Must provide detailed site plan with application. It requesting road closures, include road closure plan. Events and Alcohol Beverage Request require City Council Date: "U0i6G�( C.' nth �%" La ��_ Name of Permittee (perm)ts may o y be issued to an adult) Name Organization (if applicable) Ical Address Mailing Address If Different ity l State Zip lahone E-Mail U A') a., Lro,,._ I 44-l6 /9-17 equested Date(s) Rain Date (if applicable) Leo Time Fro -To Anticipated Number of Attenc�(ees f /"-A1-4 f Alim,01 4'ea?,on for Rental = Type of nction Will there bny sale of goods? Yes No (If yes, please describe type of goods on back) Will the a food or other vendors? Yes No (If yes, please list name, address of uach on back with description and schematic of structures (tents, etc.) to be erected or otherwiseTo sembled on back. (May require Health Dept. or Fire Dept. permit) at ✓ , the undersigned, acknowledge that I am the applicant or authorized agent of the above referenced organization. I am aware of the provisions of the City of Sebastian Codes in respect to this application and use of City facilities for which I have applied for a permit for a Park Event or Special Event. I have been provided with the general rules prescribe y the City and g ea to the terms thereof. gn 104 of 329 City of Sebastian Home of Pelican Island ' City of Sebastian Municipal Police Department AvOicatioll for Police Extra -Duty Officer Services This application is required to engage extra -duty services of the requested number of Officers for public safety, health and welfare services that are in addition to those provided generally to the public. It is understood that this is a non -binding agreement. A minimum of five (5) days advance notice is requested prior to the service date and advanced payment is required. Cancellation of the detail, with less than 24 hours notice prior to commencement of the detail, will result in three (3) hours minimum billing per Officer. Payment should be made payable to the City of Sebastian, 1225 Main Street, Sebastian, Florida 32958. *** (3) Hour Minimum Per Each Officer Required' Bate Per Hour for Each Officer ..............S40.00 Rate Per Hour For Each Supervisor ........... S45.00 Rate Per Huur For Each vehicle .............S310 (Applies to on -site utilization of vehicle) Applicant: �I (�I �� r'lUi, Mailing A ress: VVK./T/ City: .19r— i kk rr\ r State: l / ;UpCode:��/ ! RequestedBy:+P�t`�1P Sr'Y)1r`r Telephone Numbers: �Vw Dc) �I (1 Officer is required for attendance of 75 to 150 2 - Officers are required for attendance of 151 to 300) Number of Officers required: / In Uniform: Plain Clothes: Starting Date: 1 �, ) � 'r?Oa0' Ending Date: ) c? J d C; � Starting Time: i )(,Yj n Ending Time: `-7 • �m Services Requested:,�ArIIJTIn Service Location: Estimated Attendance: /a) — �/QU r Alcoholic Beverages Served: Yes No 'Type Other Comments or Duties: Date Received Applicant's Signature Please appl% online once Nou ha�c heal upµr„ved: httii'ts:.-!I uests.detailkommander.conVsebastian Reviewed By Command Staff Officer's Signature Officer's Comments Date Worked Time Worked 105 of 329 l:l'1'V OI: SE�T�AN PERMIT TECH. Roan. Or r[UCAN ISLAND 011II IIING WAxI?IINI I IM! vllrcl Nl105 arlhr PERMIT NO. I:5 NMN STIU rt • srmst LAN ruMIDA 3 V V Tra rnkwrr gim *�&v; rA-C(rrn 5"2Sou SPECIAL EVENT / PARK USE ONLY Application date ! U� �I) J �Liz '7--' , ` Name of event: �!� 1 n � t� ►� Q'Yih11%9 Organization holding event:< —'VW 5 )�� 1 Address location for event: -l." us (if not owner of site, provide written consent from property owner) Date(s) of event- L-1n 1 Z. -1 ��'� �s� T{me(sj aF Event from: � to: Q ! t Contact person{s`: " 1__,hll (1-1 �t Z1.../ Phone(SI: Contact e-mail address: Date when ready P for inspection: I �`i ., w� i Time: APPLICATION SHALL BE ACCOMPANIED BY A NEATLY DRAWN, LEGIBLE SKECTCH SHOWING SITE LOCATION, SIZES OF ALL TENTS, LOCATION OF VENDORS, COOKING AREAS, GENERATORS, STRUCTURES OR STAGES, AND TEMPORARY SANITARY FACILITIES. RESPONSIBLE PARTY FOR THE EVENT SHALL CAREFULLY READ AND INTITIAL EACH BOX OF THE ATTACHED VENDORS SAFETY CHECKLIST AND SIGN AT THE BOTTOM. NOTE: ADDITIONAL FEES MAY APPLY IF EVENT REQUIRES AN EXCLUSIVE OR NON-EXCLUSIVE FIRE UNIT FROM INDIAN RIVER COUNTY FIRE BUREAU. APPLICATIONS ARE AVAILABLE AT INDIAN RIVER COUNTY FIRE BUREAU WESSITE ANY TENTS LARGER THAN 1ZX12 WILL REQUIRE A CERTIFICATE OF FLAME RESISTANCE SPECIAL EVENT COOKING QUESTIONAME 1. Location of cooking shown an attached sketch? YES N/A 2. Is any cooking taking place under a tent? If yes, Explain: (No deep frying permltted under a tent) 3. Describe Number, type and size of cookers 4. Type(s) of heating source? (LP, Electric, Charcoal, etc.) 1. SPECIAL EVENT SITE INFORMATION 1. Number of On -Site parking stalls utiifzed (provide a parking plan) 2. is Off -Site or overflow parking available? Explain (provide agreements with property owners) 106 of 329 1. Number, type and location of proposed restroom facilities: 2. Number and Type of temporary structure(s): Sire(s): 3. Temporary electric power? Please check: Yes. No Provided By: Portable Generator Other If Other, please describe: 4. Providing crowd control security, or parking assistance? Yes X No If yes, please describe: 1 /t,e S. Estimated attendance at peak time: Only items that In accordance with applicable Florida Statutes and City Ordinances will be permitted to be sold In the City of Sebastian. FIREWORKS ARE PROHIBITED FOR RETAIL SALE IN THE CITY OF SEBASTIAN. SPARKLERS AS DEFINED IN F.S. 791 MAY BE PERMITTED FOR RETAIL SALE PROVIDED A SPECIAL EVENT PERMIT HAS BEEN ISSUED BY THE CITY OF SEBASTIAN. Any vendor found in non-compiiance with the Florida Fire Prevention Code and any associated NFPA may not be able to open and/or operate until the vendor corrects the code violation(s). I HAVE READ AND UNDERSTAND THE FORGO G SPECIAL EVENT REQUIREMENTS AND VENDORS SAFETY CHECKLIST APPLICANT'S SIGNATURE: PRINTED NAME: J! JtT�J `�H" gno,�.l Approved: Denied: By: Date: Chy Manager's Signature Approved: Denied: By: Date: Fire Marshal's Signature Fire Safety Specialty Fees Small Special Event: One Day / < 25 sites / No cooking or temp. electric / Max tent size 12x12 NO FEE Reoccurrins Special Event: Non-consecutive but reoccurring one day Special Event $60.00 (per event One Day / < 25 sites / May include cooking or temp. electric / Max tent size 12x12 depending on # of inspections) Good for 120 days / Up to 6 per year (may be extended with proper notice) wee SDecial Event: $60.00 All other Special Events (per event) •• ADDITIONAL FEES MAY APPLY FOR AN EXCLUSIVE OR NON-EXCLUSIVE FIRE UNIT THROUGH IRC FIRE RESCUE'• 107 of 329 S�BCITY OF N 110ht1: er PELICAN ISLAND RUJIM]h40LI.4H1 M X1 I IRL 1'Itl:7'CF: 0.%01FICk F.1LVI SC71FL0110A32959 711111 141NF 17721 9 %&17 FA\1:R1 WIMVENDORS CHECKLIS SPECIAL EVENT VENDOR REOUIREMENTS General: Please read carefully f initial each section and sign at the bottom. All vendors shall be responsible for the following items: SPECIAL EVENT NAME: VENDOR NAMF- DATE(S) OF EVENT: �� r l�% i l �� VENDOR CONTACT: EVENT COORDINATOR:. ifs �G7U� L9'TENTS All tents shall have some type of Flame Retardant or Resistant Certificate (TAG or PAPERWORK) on -site and submitted to the Fire Prevention Office prior to the event. Shade canopies smaller than 12x12 without sides may be approved for use on a case by case basis. Canopies must be spaced a minim m of 4 ft. apart. No smoking allowed in any tent. LJ COOKING TENTS: Tents are allowed to have cooking (APPROVED APPLIANCES i along the cuter edges of the tent. LP gas tanks must be secured in place (max cap 20lbs.) Fire Extinguisher must be readily available. Any LP tanks larger than 20 lbs. shall be secured 10 ft. from lents with gas lines secured. All cooking vendors shall have a 10ft. separation from all other non -cooking vendors. NO DEEP FRYING UNDER TENTS. 0 FI XTINGUISHERS: It is recommended Thai every vendor have an extinguisher. At least one currently certified and lagged, or within one year of manufacture date, extinguisher is required every 75 ft along event walkways. All vendors who are cooking andlor using generators are re_guired to have at least one 51b ABC currently certified and tagged, or within one year of manufacture date, (2A10BC) extinguisher. All vendors who are deep fat frying are required to have at least one currently tagge .Class K extinguisher. SEATING. Seating and chair arrangements shall be approved by the Fire Prevention Office prior to the event and have a minimum of 3(t. wide walkways to all exits in the tent. Tents with an occupant load of over 49 require a minimum of 2 exils. GE TENTS: For tents, 20x20 or larger where enclosures are used (sides), exits shall have exit signage. If a tent is used at night, exit signs will have attached emergency Lighting and be AC an -DC powered. 20x20 or larger tents must have NO eKING signs. EN FLAMES: Any unauthorized open flames, fireworks or fuel -fired lighting or devices are prohibited in any tent or similar enclosure unless prior approval from the Fire Prevention Office is obtained. SPECIAL EVENT PERMIT NO. STORAGE: Use or handling of flammable liquids or gases shall be prohibited at the site unless specifically approved and inspected by the Fire Prevention Office. 0 ORIDECOR: No hay, straw, shavings or similar materials shall be permitted to be used within any structure, lent or canopy. Exceptions: Pre -approved flame retardant treated materials or livestock beddinglfodder. GENERATORS: Generators shall be on level ground, secured, and safely arranged and isolated from the occupants/general public. Exhaust shall be directed away from combustible material(s), people andlor animals. Spare fuel shall be stored in an approved container at a safe distance from the genE:ralor. /NO HOT FUELING. Fire extinguisher required. tP ELECTRIC: wiring and lighting shall be free of damage. NI electrical equipment shall be isolated from the occupants/general public in a safe manner. All eieclrical //�� connections and devices shall be in approved enclosures. 'El COOKING: All food cooking concession trucks, trailers, and structures of rigid construction are required to have a currently tagged commercial ventilation and ext riguishmentlsuppressicn systems if required per the FFPC and NFPA 96. Code References: Florida Fire Prevention Code (FFPC). NFPA r, NFPA 96. NFPA 70, NFPA 101, & NFPA 102. Any vendor(s) found not complying with any of the checklist items may not be allowed to open andlor operate until compliance is made, f have read and undersran rile above vendor requirenrenfs forlhi eciaf vent x s a' Rds¢nrl§�fSrPan C arge or Special Event 108 of 329 A60R I oATEtNmloomr� CERTIFICATE OF LIABILITY INSURANCE ozoerm THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CEIiTtRCATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSITrUITE A CONTRACT BETWEEN THE ISSUING MSURER(S), AUTHORIZED racr ncx=. oATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the poll y(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and cormfitions of the policy, certain polk4es may require an endorsement A statement an this certificate does not confer rights to the certificate holder in lieu of sucl- :dorsemertt(s PRODUCERr Mdry Taylor State Insurance Agency Inc. ffm (M) 42S4M3 l tANok ( ) 42�43 1010 SW Martin Dawns Blvd ...,,;....,corn MSURERI AFF6RDMO COVERAGE KAKI Palm C4 FL 34M INSURE RA: RI-1lnsuranrsparty (INSURED INSURER B : Barbara Arm Snow eNSUREt C : DBA: Space Coast Supedw Everft INSURER D : 1W9 VR4sper Rd SE INSURER E : Palm Bay �7/�� FL 32909 INSURFR F. �( THIS IFY THAT THE POLIa OF [ RANCE ( BELZAVE ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIL INDICATED. NOT WTHSTANDING ANY REQUIREMENT, TERN( OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBdBCT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. IJMTTS SHOWN MAY HAVE BEEN REDUCED BY FAD CLAIMS. POLICY ew PO LTR TfPEOFINSURANCE r R POLICYNUAEER (A0R00fYYYYY1 .1 �, Lam usr IERCI GENERAL LIASIm W&Fs 1.000.000 W &MADE ® OCCUR 1 ) s 50.000 M MED EXP (Am am peaty) S 5.000 A Y P11P1060166 010312022 01103r1023 PERJU SONALaAMINRY s htchded GE?nAGGREGXEWAIrAPPUffiPER: GENERALAGGREiiATE S 2.W0,000 POLICY El PERIO- LOC s 2.000,000 OTHER: s AUTcNos p I Mnny CWtS>TNtD SINGLE LIMITS ANYAUTO S s i S OWNED SCHSCHEDULED UL _ AUTOSONLY AUTOS HIRED _ AUTOS ONLY AUTOS ONLY OCCUR UAABRElA11 OFSCR�r10N OF OPFRAT16N8 / LOCA710N8I NN30CI.F8 (ACORD t01, AQdCLana! Raararlm SalndttW, may Ee atlaehod Hamm space In mom) Cert�icste Holder is Addmtiomtal Irlstsrsd with regards to General Liab€6ty. Event Dan: December 17-18 2022 (Fa accideMl soouY IwuRY(Pcr neaon) BODI.Y Ui1lIRY (Per aeef6wsl r,wr 4;.1. � ...WAGE (Per soeidenn EACH OCCURRENCE S AGGREGATE S S A nliE ERA EL EACHAOQOEM S EI..DISEASE- EA EMPLOYEE S F1.DISEASE- POLICY LIMIT i CERTIFICATE HOLDER _CANCELLATION t3ti0ULD ANY OF Tlit's ABOVE DF.SCRD3ED POLfC<ES BE CANCELLED BEFORE i10E hMRA7tON DATE TF03iBCF, tNOTICE VitO.L BE D9JVE(iS) <H City of Sebastian ACCORDANCE! MNit(THE tsOLtL'Y PROVISSONS. 1225 Main Street � AUTINOR® . ...asim..E Sebastian FL 32969 018813-M15 ACORD CORPORATION. AEI rights reserved. ACORD 25 (T018Ig3) TheAcaRD name and EoSo are registered marks of ACORD 110 Of 329 CITY OF SEBASTIAN 2504 LEISURE SERVICES RECEIPT Name 3&rbjnou� U Cash Date it) It .4 lwzz &5:58 heck ARR. 6o\J(;"-r owt dO Credit t 24 Amount Paid 001001 208001 Sates Tax '31• 00 001001 220000 Security Deposit 001501 362100 Taxable Rent 001501 362150 Non -Taxable Rent 001501 342100 Police Security Services 001501 366150 Brick Pavers 001501 366000 Memorial Benches 001501 369400 Reimbursement Services plez.,1,20' azlel� L,)O 610 Initials ',PO.00 fP OD. D0 910001?60 Total Paid White - Dept. of Origin - Yellow - Admin. Svcs. • Pink - Applicant 111 of 329 CITY OF SEBAsrIN HOME Of PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetine Date: November 21, 2022 Agenda Item Title: Alcohol Beverage Approval Recommendation: Approve alcoholic beverages for the King Family Wedding Event at the Community Center. Backeround: Scott King is seeking Council approval to serve alcoholic beverages at the Community Center on Saturday, March 1 Sth, 2023 from 2:00pm to 10:00pm. Staff has verified applicant's date of birth. They are expecting less than 50 people. If Agenda Item Requires Expenditure of Funds: Budgeted Amount: Total Cost: Funds to Be Utilized for Appropriation: Attachments: 1. Rental Permit Application 2. Payment Receipt Administrative Services Department Review: NIA City Attorney Review: NIA Procurement Division Review, if applicable: NIA City Manager Authorization: Date: 111y1'1- '2- 112 of 329 CU OF $IEBASTI HOME OF PELICAN ISLAND CITY OF SEBASTIAN FACILITY RENTAL PERMIT APPLICATION 1225 Main Street Sebastian, FL 32958 Parks Phone: (772) 228-7054 FAX: (772) 3684249 ' For emergency purposes 2ffK please dial771.473.0454• Date: /0, &-Z Z ■ Community Center ❑ Yacht Club �06iI kj.ylC) Name of Permitteee (permits may only be issued to an adult) Name of Organization (if applicable) 9Y/ AU /tC") C.) 4 `/- Physical Address Mailing Address (if different) �aS/I' F1 77Z - l(7-.- 99?Z city State Zip Phone E-Mail tucofol Q Reason for Rental — Tlype of Function 'SG) -C <_� Anticipated Number of Attendees (if more than 75 attendees, police services are required by R-10-15) Requested Date Time: From To Please answer the following yes or no: 1) Are you a resident of Sebastian? �/P5 2) Will there be an admission charge or door charge? AJ0 3) Will alcoholic beverages be served? 1/11S If yes, please provide govt. issued ID proof of age I •�2-7 7Z % 1 pCu_�._ Date of Birth Verified by I,�� [ , r , the undersigned, acknowledge that I am the applicant or authorized agent of the above refere coed organizatioJthat I am aware of the provisions of the City of Sebastian Codes and Resolutions in respect to this application and use of City facilities for which I have applied and agree to abide by all rules and regulations set out for use of City facilities. I understand that the $250.00 security deposit will be refunded if the building is left clean and undamaged, however, failure to clean the facilities immediately after the use, or causing any damage to the facility will result in forfeiture, in part or full, of the security deposit. 'Ax� Signature of Applicant 113 of 329 CITY OF SEBASTIAN LEISURE SERVICES RECEIPT IF Name _J�Cott � min Q Date 1 0 / 4AZ 0.22. L�a�mn2vni�y Gen�� .erlcf, /Eve t 001001 208001 Sales Tax 001001 220000 Security Deposit 001501 362100 Taxable Rent 001501 362150 Non -Taxable Rent O Cash a Check # '4 Credit 001501 342100 Police Security Services 001501 366150 Brick Pavers 001501 366000 Memorial Benches 001501 369400 Reimbursement Services ?1C,LVP I �!l I t3_� Cow►sk cente.� C� G h( t-la�.t-e311-7 R.e._v VK icy by 3 43L) /:0 Qe�vs� �r�fi�nd LA-1� ril,�-jeel on 3 /:z`f123 Initials 2513 Amount Paid Z0.90 2.0100 .;7)20100 fj P Total Paid Sipc White - Dept. of Origin - Yellow -Admin. Svcs. - Pink -Applicant 114 of 329 C-mOF N HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: November 21, 2022 Agenda Item Title: Planning & Zoning Commission Recommendation: Fill One Expired, Regular Member Position and One Expired, AIternate Member Position Background: In response to the City Clerk's advertisement, the following residents have expressed interest: A] Alvarez (current incumbent) Cassandra Cranmer Margaret Hausmanis Steven Krup Susan Lorusso Sherrie Matthews Terry McGinn Grace Reed Terry Reno Christopher Roberts Charles Stadelman Mr. McGinn, Ms. Reed, Mr. Roberts and Mr. Stadelman currently serve on other City committees. They will resign from those appointments if chosen for the Planning & Zoning Commission. Attachments: Applications, member list, advertisement Administrative Services Depart nt Re w: NIA City Attorney Review- / City Manager Authorization: Date: 115 of 329 Cm CIF �EBASTiAjV FCF�vFo MAY 3 r 2or1 HOME OF PELICAN ISLAND City Cify CAf l0r�kob�e .plfl�� APPLICATION TO SERVE ON CITY BOARD/COMMITTEE a (All Citv Board and Committee Members Must be Residents of the Citv of Sebastian) NAME: A 4 1, r)!-1 fL-e 7— HOME ADDRESS: c� Z r2t,L nrf� `� �•} , Q HOME PHONE: HOME FAX: E-MA1L: BUSINESS: A)II, flc � C�2Ocj/u BUSINESS ADDRESS: 4� f BUSINESS PHONE: f 1DSy BUSINESS FAX p `_75 T-MAIL: ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? HOW LONG? y� / Lu4(zC--X,;*,'.Ccw-� DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? A) D DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? 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 6 months every 5 years - 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) X, X_ 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 IN COMMITTEE NAME) Filing of financial disclosure is required following appointment 116 of 329 APPLICABLE EDUCATION AND/OR EXPERIENCE: (a brief resume is required) oe HOW WOULD YOUR EXPERIENCE BENEFIT THE BOARD YOU'RE APPLYING FOR?. *y�--1 <f-- T-i-� 6--,..N-,--,: 7-5 F9rG. fr a ikl�- �r �L �c� G�n�..�// �r �,.� �u r' c� %J.c...�,�, `� c,.�L� �� %�r��l�•�Cr� LIST ANY ADDITIONAL QUALIFICATIONS TO SERVE OIL} BOARD OR COMMITTEE: HAVE YOU EVER BEEN CONVICT�p OF A�IY FI�LQ�IY IN THJS OR ANY STATE?-0S (j�' - � ✓s' rN1.a-c J� .1e ll e�,,,tv�-�'��(� � fw (�ft-- y�t HAVE YOU EVEN BEEN CONVICTED OF ANY MISDEMEANOR INVOLVING MORAL TURPITUDE IN THIS OR ANY STATE? N C) WOULD YOU CONSIDER SERVING ON A BOARD OTHER THAN THE ONE(S) SELECTED ABOVE? A-,? 0 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 committee is available if requested. ' 1 Iw /'" \ - Applicant-gnature U Subscribed and sworn to before me this 3 t day of l r ic=- H by who is ; personally knowil__--tQ mE, or has produced as identification. x Nofary Public, State of Florida Please return to Office of the City Clerk, 1225 Main Street, Sebastian, FL 32958 - (772) 589-5330 Iwp-formlapplicat.wpd rev. 712007 FRA LACES L WOOD * My COMMISSION S OD B44594 ffM< EXPIRES; January 13, 2013 4 Bonded Thm Budget Notary Services 117 of 329 Albert Alvarez 492 Quarry Lane. Sebastian, F1. 32958 772-532-8767 AlAlvarez@aol.com 1993. to Present. Active Real Estate Agent. GRI Graduate. Sales Associate. Experience in preparing and listing properties for sale. Contracts for Sale and Purchase, Appraising, preparing Brokers Price Opinion ( B.P.O.) For banks. Working with Domestic and International buyers. Extensive knowledge in HUD and VA homes as well as Bank foreclosed properties, investments properties, and commercial sales as well. Bought and sold auction homes from the court house. Property managed my own rental properties. 2003. To 2007. Past owner and well knowledgeable in Online retail store. Caribbeanislandsgrocer.com. in Sebastian, Fl. 2006. To 2007 Past owner of Caribbean islands Grocer Retail Store. 11624 Hwy U.S. 1 Sebastian, F1. Present distributor for Enagic Company. An Alkaline water filtration system. 118 of 329 1990. to 1992. Springlite Bottle Water Company. Sales Associate. Extensive experience in mall booth set ups. Door to door canvassing. (Soliciting.) Skills: Computer literate, Bilingual, Past Cathechesis for Sebastian Catholic Church References. Upon request. �C o n C M- rn �. N ; C.0 119 of 329 CITY Cif RECEIVED FE? �'fsE�- 'J F � j 4 HOME OF PELICAN ISLAND City of Sebastian City Clerk's Office 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 trust 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: (;CtSSaf�c�'0.-M�I� C:�u11rf1Pi Address: 40 /o 14o City: State: r �a1�►<<Q Zip: 3a96f 1Telephone: ( 975 ) f3A - 121aG9 E-Mail Address: +;t `�x'SS laKe C e_,A 1;nK. Ae,+ Employer: #eo ITous-e— f`y 9 11C_QA PS 1 City: -56 a40_1State: P710(S deL Zip: 3v�QJ�g Business Telephone: (77 a ) o��g - 1107 I am interested in serving on the following boards)/committee(s): 1$t Choice: �� n�'�, C4 M 2"d Choice: CHARTER REVIEW COMMITTEE (serves only six months, every five years — next meeting in 2021) CITIZENS BUDGET REVIEW ADVISORY BOARD CONSTRUCTION BOARD* NATURAL RESOURCES BOARD PLANNING AND ZONING COMMISSION* ** POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE VETERANS' ADVISORY BOARD *Filing of financial disclosure is required following appointment "Must be resident one year prior to application. 120 of 329 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) = Q,r►'l c� 4 chx� � �f�n �! :.� lt.M q �� cU hen 1�" C'_o✓J?� Tn �ET�t1 /S. T1tciT n �'S �� f ekarAoa . --r'm g «J cx+ +akiy no4t-2S T' word: well �, aerrs. Why do you want to serve on this board? ll r 1 Gva,nt}- -a make. Safe -�-+r�c '15 ct dod �d I�an�7�u�n hea ly 10,1 0 C*-AVJPtJAnnRA1 tcJ-tnee*� Cat` czbaul ' L_I ifs �. A' S a-reo-. � Ain k i PS A9�ol``r �tf1T Aaj - ►^0,, ..t- �n !L �� " r e-� v �o ioA& n , cLf`e Do you presently serve on another City Board or Committee? A% If yes, please list: Have you previously served on any other City Board or Committee? If yes, please list: Alo 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, httij://www.ethics.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 Officials (Florida Statutes, Chapter 11Z Part 111) and Florida Sunshine Law (Florida Statutes, Chapter 286) Statutes may be reviewed at http://www.flsenate.pov/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: 1�. D Date Received by City Clerk's Office `t %y: �� 121 of 329 rnv of 5IEBAST 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: 0,ad r�[v �— Pn S 1 am�,, Address: Cccam+1--r� cv-ofT Zip: �ZR.� $' Telephone: (9 ) City: �C i�4n State: -L_ - 449 o E-Mail Address:�{'cIF'_41�f�1fl Employer: � V City: ke\ C State: Zip: J -2—CO Business Telephone: ( -:�2A ) 4-3 t_1 - ( � U-00 am interested in serving on the following boards)/committee(s): 154 Choice:�lc?ti1Y11►'1Q I y1 2nd Choice: _ixA_---, CHARTER REVIEW COMMITTEE (serves only six months, every five yeors — next meeting in 2021) CITIZENS BUDGET REVIEW ADVISORY BOARD CONSTRUCTION BOARD* NATURAL RESOURCES BOARD PLANNING AND ZONING COMMISSION* ** POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE VETERANS' ADVISORY BOARD *Filing of financial disclosure is required following appointment *"Must be resident one year prior to application. 122 of 329 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) Why do you want to serve on this board? Do you presently serve on another City Board or Committee? ND If yes, please list: Have you previously sewed on any other City Board or Committee? �J CD If yes, please list: MkA yk A,--) 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.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 Officials (Florida Statutes, Chapter 112, Part 111) and Florida Sunshine Law (Florida Statutes, Chapter 286) Statutes may be reviewed at htto://www.fIsenate.pov/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 omissil)ns from this application may be cause for my application not to be considered. f Signature of Applicant:Date: IZ� Date Received by City Clerk's Office 2�Z31 zUZz by: A W,UCOL41nA �� 123 of 329 CM cY 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 w FS 119.07 Exemptions, individuals employed or retired from certain professions relating to law enforcement may request 9 their physical address and phone number remain confidential. Unless requested, that information will be available and r redacted. Per Section 2-170, all Board and Committee members must be City residents unless otherwise specified in the enacti ordinance or resolution. Board and Committee terms are three years unless otherwise specified in the enacting ordinance resolution. You may reapply for succeeding terms upon term expiration. Name: 1. Steven Kru p Address: 522 Cross Creek Circlecity: SebastianState: Zip: 32958 Telephone: (��54 ) 2451948 E-Mail Address: Igko Ca)aol.com Employer: R,eti red City: State: Zip: Business Telephone: ( 1 am interested in serving on the following boards)/committee(s): 1St Choice: P nni na & Z _n_i_nga Choice: CHARTER REVI EW COMMITTEE (serves only six months, every five years — next meeting in 2021) CITIZENS BUDGET REVIEW ADVISORY BOARD CONSTRUCTION BOARD* NATURAL RESOURCES BOARD PLANNING AND ZONING COMMISSION* ** POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE VETERANS' ADVISORY BOARD "Filing of financial disclosure is required following appointment "Must be resident one year prior to application. 124 of 329 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) Please see I nserl 1 Why do you want to serve on this board? IN ilrft W=1 411:im 19W,ti A � Do you presently serve on another City Board or Committee?� 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. 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 11Z Part i1!) and Florida Sunshine Law (Florida Statutes, Chapter 286) Statutes may be reviewed at tUp-1/www.flsenate.gp—v/statutes I understand I must contact the City Cleric'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 Received by City Clerk's Office 2/Z Y/Z oZ Z Date: Feb 28, 2022 by: 4 _ (,(J�4 125 of 329 ADDENDUM TO VOLUNTEER BOARD AND COMMITTEE APPLICATION INSERT 1 Decades of experience as lessor and/or owner of commercial and residential real estate; service on condominium or cooperative boards of association, and active participation in large HOA committee; practiced and taught college and post -baccalaureate administrative agency and real estate law. INSERT 2 Inevitable change and growth present the challenge of developing efficient land use policies integrating benefits for all stakeholders and citizens. I want to contribute to solving this multi -dimensional problem of maximizing diverse interests as much as possible. I have recently retired and believe I am in a position to meaningfully contribute to Sebastian. 126 of 329 I. Steven Krup -2v 1J.E. 19-A-ve,- Hal la 2l., I'L 33909 iako4aol.com EMPLOYMENT EXPERIENCE 5'ZZ qSv Z�FS 19y� I. Steven Krup Attorney at Law 220 N.E. 10 Ave. Hallandale Beach, FL 33009-3554 1996 --Pfemit 2-01fiq Law practice concentrating on real estate, immigration, corporate, and healthcare law. Florida Bar Number 168549. firm. Care Convenient, Inc. 4598 Broad Street Virginia Beach, VA 23462-2861 1987 —1997 Chief executive officer and general counsel of medical services and management I. Steven Krup & Associates Attorneys at Law 200 Granby Street Norfolk, VA 23510 1983 —1987 Law practice, specializing in corporate, transactional, real estate, healthcare and immigration law, before United States Courts of Appeals, United States District Courts, State Courts in Virginia, Florida and New York, and administrative agencies including United States Departments of State and Labor, INS and EEOC. United States Department of Justice Washington, D. C. 1973 —1983 Selected under the "Honors Program for Outstanding Law Graduates" for the position of "General Attorney"; appointed in 1975 as "Hearing Examiner" (similar to Administrative Law Judge) for the Immigration and Naturalization Service. As General Attorney I represented the United States in District Court and administrative proceedings and in general tort and contract matters. As Hearing Examiner I conducted hearings, 127 of 329 ruled on admissibility of evidence, and rendered final executive branch decisions. I was awarded a Department of Justice "Special Achievement Award". Instructor & Writer 1977 — Present (part time) I enjoy college and post -graduate teaching and writing. I have taught legal research and writing, contracts, torts, corporations, evidence, American jurisprudence, political science and psychology at the Federal Law Enforcement Training Center, AIPS at Virginia Wesleyan University, Commonwealth College and Tidewater Community College. Last year I authored "Science" and "Higher Education" in the Encvclonedia of American Immiaration. Armonk, NY: M. E. Sharpe, 2001, and previously authored articles and made presentations to The Virginia Bar, Medical Societies, American Immigration Lawyers Association, and other community service and public interest organizations. EDUCATIONAL HISTORY New York Law School 57 Worth Street New York City, N.Y. 10013 Juris Doctor (JD) awarded Magna cum Laude in June, 1973 Class Rank: Number 2 in class of approximately 250 Law Review Academic Awards in Bankruptcy, Securities Regulation, Antitrust Law, Corporations, and Future Interests Clerk for New York State Supreme Court Adelphi University 153 Cambridge Ave. Garden City, N.Y. 11530 B. A. awarded with Honors in June, 1970 Class Rank: First Decile Scholastic Honors Psi Chi, National Honorary Science Society Dean's List Varsity Tennis #1 Singles PERSONAL DATA Born November 23, 1948, I am blessed with three wonderful children, daughters in medical school and law school, and a son in middle school. I am in excellent health and enjoy tennis, biking, sailing and jogging. I volunteer for animal protection organizations and the Association for Retarded Citizens. 128 of 329 MY OF 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: S► 1 v r `�� J �� Address:/3 DY H rq V E-_ { I D R ^ City: 4 S I o)(A#ate: Zip: '2)1�) �—� Telephone: (! 74 ) 3 i�) I _T_) 0 E-Mail Address: !; �_ C? P L_� (!�) C� C) Z CD Employer: �,\ F_ 1 /'R GD City: State: Zip: Business Telephone: I am interested in serving on the following board s)/committee(s): 1" Choice: �� % )� L-�°��U�It]�° Choice: CHARTER REVIEW COMMITTEE (serves only six months, everyfive years — next meeting in 2021) CITIZENS BUDGET REVIEW ADVISORY BOARD CONSTRUCTION BOARD* NATURAL RESOURCES BOARD PLANNING AND ZONING COMMISSIf1N*— **D POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE VETERANS' ADVISORY BOARD *Filing of financial disclosure is required following appointment "Must be resident one year prior to application. 129 of 329 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) �3 E-t14R C4 � DRn )r) U r'0R C1r% O F -� ap,(i-s rj Ao //-? GyRo w Ti 1 r% Y-v) T D5 CTy 4 7-oFn y a Ff� Why do you want to serve on this board? 70 PS P1411?1- 7-UR I) A901> 7j/7)E e AA�� l:� (—) C i ,�S P\ /`?r? L� () (-? L) °r J c- � � C) 7-Y Do you presently serve on another City Board or Committee? (1 D If yes, please list: Have you previously served on any other City Board or Committee? 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.fl.uslethicslforms.htmi 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, Chapter 286) Statutes may be reviewed at httr)://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 from this application may be cause for my application not to be considered. / (� % Signature of Applicants-,--) Co, r7-� Date: Date Received by City Clerk's Office q r Z31Z DZ Z by O"i.G-� 130 of 329 Or) C4 S1EBAST_V 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: Sherrie Matthews Address: Protected by FSS Zip: 32958 Telephone: ( 772 E-Mail Address: smatt06l8@comcast.net Employer: Retired City: Business Telephone: ( ) - City: Sebastian State: FI_ 473 - 6757 State: Zip: I am interested in serving on the following boards)/committee(s): I" Choice: Citizens Budget Review 2"' Choice: Planning & Zoning Conmission CHARTER REVIEW COMMITTEE (serves only six months, every five years — next meeting in 2021) CITIZENS BUDGET REVIEW ADVISORY BOARD CONSTRUCTION BOARD* NATURAL RESOURCES BOARD PLANNING AND ZONING COMMISSION* ** POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE VETERANS' ADVISORY BOARD `Filing of financial disclosure is required following appointment **Must be resident one year prior to application. 131 of 329 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) Worked with government budgets during the 35 years spent serving the community. Why do you want to serve on this board? To continue to serve the City of Sebastian Do you presently serve on another City Board or Committee? No If yes, please list: Have you previously served on any other City Board or Committee? Yes If yes, please list: Charter Review Committee 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. httr)://www.ethics.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 Officials (Florida Statutes, Chapter 112, Part 111) and Florida Sunshine Law (Florida Statutes, Chapter 286) 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: Sherrie Matthews Date: 01-10-2022 Date Received by City Clerk's Office i f 1 U C L Z by: W JL-10� 132 of 329 M eF SEMI 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: TERRANCE (Terry) MCGINN Address: 144 MILLER DR _SEBASTIAN Zip: _32958 State: _FL Telephone: (_215 ) _723 E-Mail Address: _TEMCGINN@YAHOO.COM Employer: RETIRED City: Business Telephone: ( ) - State: I am interested in serving on the following boards)/committee(s): 15t Choice: PLANNING AND ZONING COMISSION City: - 4333 Zip: 2"d Choice: CHARTER REVIEW COMMITTEE (serves only six months, every five years —next meeting in 2021) CITIZENS BUDGET REVIEW ADVISORY BOARD CONSTRUCTION BOARD* NATURAL RESOURCES BOARD PLANNING AND ZONING COMMISSION* ** POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE VETERANS' ADVISORY BOARD *Filing of financial disclosure is required following appointment 133 of 329 "Must be resident one year prior to application. Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) —BRIEFLY .... I HAVE A BSME IN MARINE AND ELECTRICAL ENGINEERING AND AN, MS IN ENGINEERING AND MANAGEMENT, i HAVE 40 YEARS EXPERIENCE IN ENGINEERED SYSTEMS AND THEIR CONSTRUCTION/INSTALLATION (FROM 1964 TO 2004) 1 HAVE 35 YEARS EXPERIENCE IN LONG RANGE PLANNING AND DEVELOPMENT (1970 TO 200S) I HAVE 30 YEARS BIDDING/CONTRACTING, NEGOTIATING AND MANAGING GOVERNMENT AND MUNICPAL CONTRACTS INCLUDING US ARMY MATERIAL COMMAND. (FROM 1978 TO 2008) FROM 2010 TO 2015 1 WAS FOUNDER /PRESIDENT OF A COMMUNITY DEVELOPMENT EXECUTIVE BOARD (CDD) TRYING TO MAINTAIN QUALITY STANDARDS OF LAND DEVELOPMENT BETWEEN TOWNSHIP AND A LESS THAN ETHICAL DEVELOPER FROM BUILD #1 TO COMPLETION INCLUDING ROADS, INFRASTRUCTURE, STORM SEWERS, MUNICIPAL UTLITIES AND CAPITAL RESERVES. WE RESCUED A FAILING DEVELOPMENT AND WERE AWARDED COMMUNITY DEVELOPMENT OF THE YEAR FOR SOUTHEASTERN PENNSYVANIA IN 2014. MY RESUME CAN BE FOUND ON LINKED IN UNDER TERRANCE MCGINN Why do you want to serve on this board? _1 AM DEEPLY IMBEDDED IN THE COMMUNITY OF SEBASTIAN AND THE COUNTY. I WANTTO CONTRIBUTE TO THE FUTURE LAND USE AND PUD OF THE LATEST AND ANY FUTURE ANNEXATIONS AS WELL AS ANY PLANNING AND ZONING THAT WILL KEEP OUR CITY THE BEST IN INDIAN RIVERCOUNTY. I CONSIDERED DODD A MENTOR FOR HOW TO DO IT RIGHT AND TO GIVE BACK. I AM OLD BUT THAT IS NOT A BAD THING. NOTE: I WILL HAVE TO ATTEND BY ZOOM DURING A 3 MONTH PERIOD WHEN OUTOF COUNTY July/august September BUT WILL NOT MISS MEETING ON ZOOM. Section 2-173. Attendance Requirement. Notwithstanding any other provision of this Code, any board or committee member shall be automatically removed if he or she is absent from three (3) consecutily 4 o pti gs without an acceptable excuse. An "acceptable excuse" is defined as an absence for medical reasons, business reasons, personal reasons, or any other reason which the chair of the board or committee deems appropriate. upon notification by the chair of the board or committee that a member has not complied with the attendance requirement, the City Council shall issue an order of removal. Do you presently serve on another City Board or Committee? _YES If yes, please list: CITIZENS BUDGET REVIEW ADVISORY BOARD 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. 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 lll) and Florida Sunshine Law (Florida Statutes, Chapter 286) Statutes may be reviewed at httf)://www.flsenate.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 from this application may be cause for my application not to be considered. Signature of Applicant: _ralMMIZIAC�/NN Date: y9/23/2022 Date Received by City Clerk's Office 912312-6Z Z by• w " 135 of 329 cm � SEBAS 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 prone 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: G L-� l�-,,.Q C.1 Address: q.�- `3 I�iU lYlr. r _ Ate City: State: F � Zip: 3z91:fP6 Telephone: ( q3O ) QQ L - 1'830 E-Mail Address: E f rY1 CP_Q C1 C a_Z� �- COJ►�f Employer: 11C.e�lrf, -d City: 0 lk State: Zip: Business Telephone: ( L.' ('� ) - I am interested in serving on the following board(s)/commi ee(s): 151 Choice: i -not (1�4.��(1iJ1[� ((.i!.t�L 2hoice: CHARTER REVIEW COMMITTEE (serves only six months, everyfive years -- next meeting in 2021) CITIZENS BUDGET REVIEW ADVISORY BOARD 14Is] ►bItryj14ROPA Ti _ , D NATURAL RESOURCES BOARD PLANNING AND ZONING COMMISSION* ** POLICE RETIREMENT BOARD OF TRUSTIES* PARKS AND RECREATION ADVISORY COMMITTEE VETERANS' ADVISORY BOARD *Filing of financial disclosure is required following appointment *"Must be resident one year prior to application. 136 of 329 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) Vukc. U)4LI r�� QL/-) (nee . �� Ci -r, _ �3 �► r3 s� ,tr.� Why do you want to serve on this board? �'.e)twitm'd Orb Do you presently serve on another -City Board or Committee? ✓ If yes, please list: 1),ki !«v �� 04D m ETU - Nave you previously served on any others City Board or Committee? T-D h.� If yes, please list: rl_oy'�.rz- CAA- -�, (Irr 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.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 Officials (Florida Statutes, Chapter 11Z Part 111) and Florida Sunshine Law (Florida Statutes, Chapter 285) Statutes may be reviewed at httwww.flsenate.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 from this application may be cause for my application not to be considered. Signature of Applicant:? u Date Received by City Clerk's Office g12Z1ZDZ2 Date: byl , (,i Q.Q.I.( 100 137 of 329 ON of SE HOME OF PELICAN ISLAND VOLUNTEER BOARD AND COMMITTEE APPLICATION _..is appiication form is a public record under Chapter 119, Florida Statutes, and is open to public inspection. In accorclance with =S 119.07 Exemptions. individuals emoloved or retired from certain professions reiatine to law enforcement may request that their physical address and phone number remain confidential. Unless requested, that information will be available and not rea actec Per Section 2-170, all Board and Committee members must be City residents unless otherwise specified in the enacting :�rainance or resolution. Board and Committee terms are three vears unless otherwise specified in the enacting ordinance or resolution. You may reapply for succeeding terms upon term expiration. Name: �r r Address: 20%,Ac, City; ,State: FL. Lip: `JL I %S <,? Telephone: (1 J / ) _- F o3 / E-Mail Address: 13zmeolE, b0kQ2"el Empiover: City: Business Telephone: ( State: Zip: I am interested )I in serving on the following board s)/committee(s): 1" Choice:�dQ� 70i11n 2 Choice CHARTER REVIEW COMMITTEE (serves only six months, every five years — next meeting in 2021) CITIZENS BUDGET REVIEW ADVISORY BOARD CONSTRUCTION BOARD* NATURAL RESOURCES BOARD PLANNING AND ZONING COMMISSION* ** POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE VETERANS' ADVISORY BOARh *Filing of financial disclosure is required following appointment `*Must be resident one year prior to application. 138 of 329 Please summarize soecial skills. qualifications. or education you have acauired for this a000intment: (Your resume, professional certifications or designations may be attached.) H vo 1- l 7 I r4V �G �� 0 C�yj -nc�e �G� nflant IrJuAncc�� Looeklnqq 11 f�Girn�nanc� ie�a�ln G c� Ill�iv T-%A i rn " nc e- J1V1-5A-Cg-1.1 �ave G l-�.o Ljork d 16 i n een- as 0111 t°Miner-nn 1nspe-K- carinsfc+inG GiCVCMhen - ahA Dnva+e, � rood Linn) Vail' p. n� MIA OCW14.� ncj i A1T4,e_5 IInLJ CIA'c U� 141 ?130 fe /ram. . � - -� J I Why do you want to serve on this board" j t� Pv ny PQ s-� t_Ypp 4nc e_. t- tn,E— n+.J t nr� Mini ii-Mril {j 1 J ! , ��ves'rlr'lcr�".5 l.J, ! I arir, l �i" !'7�. C� LA � 57'�� f� . i you oresentiv serve on another Citv Board or Committee? NO 1 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 herebv waive ana release an%, and all riehts for claims for damaees and iniuries I may suffer while performine or after oerformine volumes, 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.fl.us/ethics/forms.html a000inted, I acknowledge that it is my obligation and duty to comply with the tollowing: Code of Ethics for Public Xficials (Florida Statutes. Chapter 11Z Part Ill) and Florida Sunshine Law (Florida Statutes, Chapter 286) statutes may be reviewed at http://www.flsenate.pov/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 herebv certifv that all the statements made on this anolication are true and correct. 1 understand that any false statements or omissions from this application may be cause for my application not to oe considered. l Signature of Applicant: (�%�� Date: / 22 Date Received by City Clerk's Office �1ZU77_ by W!�ti.�ryLj 139 of 329 U afy CW SjElhl 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; Christopher Roberts Address: 32958 772 Zip: Telephone: E-Mail Address: chroberts0015@gmail.com Employer: Comprehensive Healthcare Melbourne City: Business Telephone: { ) - Sebastian City: 643 0615 State: Florida Zip: State: FI 32935 I am interested in serving on the following board(s)/committee(s): g I" Choice: Construction Board 2"d Choice: Planningand Zoning Commission CHARTER REVIEW COMMITTEE (serves only six months, every dive years - next meeting in 2021) CITIZENS BUDGET REVIEW ADVISORY BOARD CONSTRUCTION BOARD` NATURAL RESOURCES BOARD PLANNING AND ZONING COMMISSION* ** POLICE RETIREMENT BOARD OF TRUSTEES* PARKS AND RECREATION ADVISORY COMMITTEE VETERANS' ADVISORY BOARD 'Filing of financial disclosure is required following appointment "Must be resident one year prior to application. 140 of 329 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) I have a Bachelor's degree in Social Science and Religious Studies from Florida State University. I ern curpeptly workipg op a certificat in J,2mastic vlglen 9m Gutpan Glnrirlo State College. I have worked most of my career in social services/human services. I enjoy helpinqpeopip and assist mV rlients gnt ronnprteri ta the services they nPPrf Why do you want to serve on this board? _I want to sprig on this hnar"Prai ms- I want to heir) rontrihi ife to my rnmmi inity and—lo al government. I want this city to be a place I am proud to reside. I want to help build a community Olat is beneficial to my chiJdr-en Yes Do you presently serve on another City Board or Committee? If yes, please list: Construction Board for the City of Sebastian NO Have you previously served on any other City Board or Committee? If yes, please list: 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.fl.us/ethics/forrns.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 http://www.flsenate.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. /, .��erPa 9/20/2020 Signature of Applicant: r ! , Date: Date Received by City Clerk's Office 011Zo%ZOZ Z by:,- - WJ 141 of 329 OIN I SEELAI,-STtAN T H0ME 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: Ch�Slt Address: �Lt1 r lA4, ,ru Sj City: !�-11441-Ao State: U Zip: Telephone: (' '70 ) - p E-Mail Address: Ar' sj,S "4 - �r�,—+ Employer: City: ��rls+c40 Business Telephone: (7)j State:L )Lis' " - I am interested in serving on the following boa rd(s)/committee(s): .5pec10 1 Nfed5 acme-, L &C,. Zip: 305TF 1st Choice: L1� 5� �\ i �� iAV . CUM 2"d Choice: ��Y T C k1 ye_f) �ri► CHARTER REVIEW COMMITTEE (serves only six months, every five years — next meeting in 2016) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary) �'��►ZCcYp �CI,�, CONSTRUCTION BOARD* (permanent) DISABILITIES ADVISORY COMMITTEE (temporary) I,O�LPfi' Cf�Uz9� A��. NATURAL RESOURCES BOARD (permanent) L, PLANNING AND ZONING COMMISSION* ** (permanent) j� t fiop§,j')*- POLICE RETIREMENT BOARD OF TRUSTEES* i�1U `a 1 4 :56ur(tS PARKS AND RECREATION ADVISORY COMMITTEE (permanent) \ n r� VETERANS' ADVISORY BOARD (temporary) b) �`(a Ze•S �� [yt *Filing of financial disclosure is required following appointment "Must be resident one year prior to application. U,- N�� A�A:(ad� f 1 se, 71A 142 of 329 Please summarize special skills, qualifications, or education you have acquired for this appointment: (Your resume, professional certifications or designations may be attached.) JfV i t Z.en � Y� I rah 1 �n K JCT 1 A zit FL ! F� i 1 PLu Why do you want to serve on this board? 'To �(Yko- P-m e0me"OK i. Do you presently serve on another City Board or Committee? -i-4f�r t j If yes, please list: N`0�, I Have you previously served on any other City Board or Committee?D 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. htti)://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 http://www.flsenate.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 from this application may be cause for my application not to be considered. 1?1�41w/j Signature of Applicant:K Date: -AL . 1S, c)l Date Received by City Clerk's Office 15 ' f 1 by: W 143 of 329 PLANNING & ZONING COMMISSION 3-YEAR TERMS MEETS 1 ST AND 3RD THURSDAY OF EACH MONTH - 6:00 P.M. MEMBER NAME AND APPOINTMENT HISTORY CURRENT STATUS ADDRESS [MOST RECENT HISTORY FIRST] Linda Kinchen Took Hughan's unexpired regular Term to expire 11/1/2023 190 Delmar Street member position 2/9/2022 Sebastian, FL 32958 lindadolfann..aol.com (772) 538-0253 Rick Carter Reappointed 5/27/2020 Term to expire 4/1/2023 237 Main Street Sebastian, FL 32958 Reappointed 3/22/17 focusses ar )comcast.net 918-4600 Took Cardinale's expired regular member position 4/27/11 Took Durr's unexpired alt member position 2/9/11 Reappointed 3/26/14 Stephen Lucier Took Qizilbash's unexpired regular Term to expire 5/1/2023 425 Toledo Street member position 3/9/2022 Sebastian, FL 32958 steveluc(cDicioud.com 925-2869 Bill Simmons Appointed regular member 2/12/2020 Term to expire 2/1/2023 509 Drawdy Way Sebastian, FL 32958 Reappointed alternate member 11/20/19 Bsimmons41 cc7t.comcast.net (270) 314-3554 Took Alvarez's expired alternate member position 12/14/16 144 of 329 Louise Kautenburg — Vice Chair Appointed regular member 6/9/2021 Term to expire 611 /2024 973 Oswego Avenue Took Reyes regular member position Sebastian, FL 32958 Louiseklna,iuno.com Appointed alternate member 2/12/2020 696-3716 Reappointed regular member 2122/17 Took Durr's unexpired regular member position 10/14/15 Reappointed 1I8114 Took Hennessey's unexpired alternate member position 3/14/12 Sara Battles Took Roth's unexpired regular member Term to expire 5/1/2025 530 Cross Creek Circle position 3/9/2022 Sebastian, FL 32958 Sara, battlesOkimlev-horn.com (703) 843-1721 9 Al Alvarez— Chair Reappointed 11/20/19 Term to expire 11/112022 492 Quarry Lane Sebastian, FL 32958 Took Dodd's expired regular member alalvarez(@aol.com position 12/14/16 532-8767 Took McManus' unexpired alternate member position 11/19/14 Dennis Haddix -Alternate Term to expire 1/1/2023 105 Wood Stork Way Took Jordan's unexpired alternate Sebastian, FL 32958 member position 10/12/22 haddixd(@.gmail.com (772)925-5698 Karen Jordan - Alternate 487 Bywood Avenue Sebastian, FL 32958 karenwoodiordan(6gmail.com (706) 994-9686 7 School Board Member: Took Kautenburg's alternate member position 7/28/2021 Term to expire 11/1/2022 revised 3.10.2022 4 regular members are needed to make a quorum. In the event a regular member cannot make the meeting, an alternate steps in. 145 of 329 tin L-f SEBASTIAN W HOME OF PELICAN ISLAND October 10, 2022 Contact: City Clerk's Office 388-8215 PRESS RELEASE PLANNING AND ZONING COMMISSION The City of Sebastian is seeking applicants to fill one expired, regular member position and one expired, alternate member position on the Planning & Zoning Commission. The Planning and Zoning Commission is responsible for planning and reviewing land use decisions within the City. These are volunteer positions. Applicants must have been a City resident one year prior to application and file annual financial disclosure. If Council fills a regular member position with an alternate member, Council reserves the right to fill the alternate position with the remaining applicants. 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. 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 until November 14, 2022. 146 of 329 anaF HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: November 21, 2022 Agenda Item Title: Council Appointees to Indian River County and Regional Boards Background: Each year after the seating of a new Council, the Mayor requests volunteers and assigns City Council Members to various Indian River County and regional boards and committees. Attachments: Liaison List Administrative Services Departm t Review: NIA City Attorney Review: T City Manager Authorization Date: ////3`1W 147 of 329 SEBASTIAN CITY COUNCIL MEMBERS LIAISONS TO COUNTY AND REGIONAL BOARDS 2021-2022 AFFORDABLE HOUSING ADVISORY COMMITTEE (Indian River County) Current Member: Council Member Christopher Nunn Alternate: Vice Mayor Fred Jones Location: IRC County Admin Building - Room B1-501 Time: 9:30 am Frequency: Twice per year as scheduled -- 3rd Wednesday Secretary: Maura Stokes - 226-1440 BEACH AND SHORE PRESERVATION COMMITTEE (Indian River County) Current Member: Vice Mayor Fred Jones Alternate: Mayor Jim Hill Location: IRC Admin Building B - Vero Beach - Room B1-501 Time: 3`d Monday of Each Month — 3 pm Secretary: Ed Offutt - 226-1919 EXECUTIVE ROUNDTABLE OF INDIAN RIVER COUNTY Current Member: City Manager Paul Carlisle Location: 1836 14th Ave, Vero Beach, FL 32960 Time: last Thursday of each month — 9 am Executive Director: Aimee Hill ECONOMIC DEVELOPMENT COUNCIL Indian River County) Current Member: Vice Mayor Fred Jones Alternate: Mayor Jim Hill Location: IRC Administration Building B - Vero Beach — Rm B1-501 Time: 3rd Tuesday of Each Month — 3:30 pm Secretary: Maura Stokes - 226-1440 METROPOLITAN PLANNING ORGANIZATION (2 MEMBERS) Current Members: Council Member Dodd & Council Member McPartlan Alternates: Mayor Jim Hill Location: IRC Administration Building B - Vero Beach - Rm B1-501 Time: 2nd Wednesday of each month - 10:00 am Secretarylagenda packet: Patti Johnson - 226-1672 MPO Citizen Adv. Comm. Bruce Hoffman (1), Amber Cerda (2) Joseph Harrison(alt) 1" Tuesday of month - 2 pm MPO Tech. Adv. Comm. Lisa Frazier - Planning Position; Karen Miller - Engineering Position; Scott Baker - Airport Position Paul Carlisle — Alternate Brian Benton - Alternate 4th Friday of month - 10:00 am 148 of 329 MPO Bikepath Comm. Resident Chris McCarthv Quarterly — 2:00 pm ELECTED OFFICIALS OVERSIGHT COMMITTEE (EOOC) (Indian River County) Member (always Mayor): Mayor Jim Hill Recording Secretary: Ed Offutt 226-1992 Agenda: Maria Bowdren 226-1242 Location: IRC Administration Building B Time: Meets Annually — 2m Week in July CITIZENS OVERSIGHT COMMITTEE (COC) (Indian River County) Member: vacant Recording Secretary: Ed Offutt - 226-1919 Agenda: Maria Bowdren 226-1242 Location: IRC Administration Building B —Room 131-501 Time: Meets annually in April PUBLIC SCHOOL PLANNING STAFF WORKING GROUP (PSPSWG) & SCHOOL PLANNING TECHNICAL ADVISORY COMMITTEE (SPTAC) Staff Working Group: Current Member: Dorri Bosworth, Planninq Manaqer Location: County Administration Building Time: 1" week of February and V week of March Recording Secretary: Ed Offutt - 226-1919 Agenda: Maria Bowdren 226.1242 School Planning Technical Advisory Committee: Current Members: Dorri Bosworth, Planninq Manaqer Location: County Administration Building Time: as needed Recording Secretary: Ed Offutt - 226-1919 Agenda: Maria Bowdren 226-1242 TOURIST DEVELOPMENT COUNCIL: (Indian River County) Current Member: Council Member Christopher Nunn Alternate: Council Member Ed Dodd Location: IRC Administration Building B - Commission Chambers Time: Meets quarterly — 3rd Wednesday -- 2:00 pm Secretary: Kim Moirano - 226-1442 TREASURE COAST COUNCIL OF LOCAL GOVERNMENTS: (Regional) Current Member: Council Member Ed Dodd Alternate Member: Mayor Jim Hill Location: St. Lucie Administration Bldg. 2300 Virginia Avenue, Room 3 Ft. Pierce, FL 34982 Time: 1" Wednesday of Month - 10:00 a.m. Chair: TBA 149 of 329 TREASURE COAST REGIONAL LEAGUE OF CITIES: (Municipalities from Four Counties — Sponsored by FLC) (was formerly Council of Public Officials) Current Member: Council Member Ed Dodd Alternate Member: Council Member Bob McPartlan Location: (changes location — local restaurants) Time: Meets every other month — usually 3rd Wednesday Executive Director: Pat Christensen TREASURE COAST REGIONAL PLANNING COUNCIL: (Regional) Current Member: Council Member Dodd, City of Sebastian Alternate: City of Vero Beach Location: 421 SW Camden Avenue, Stuart, FL 34994 Time: 3rd Friday of Month - 9:30 A.M. (call ahead for any changes) Contact: Phone: 772-221-4060 Fax: 772-221-4067 E-Mail: admin@tcrpc.org VETERANS COUNCIL OF INDIAN RIVER COUNTY, INC.: (Indian River County) Current Member: Council Member Bob McPartlan Location: B1-501 Conference Room (door behind the stair case) Time: Meets First Wednesday of the Month at 1:30 p.m. Contact: Cynthia Ryan, Executive Director (772) 410-5820 P.O. Box 1354 Vero Beach, FL 32961 17ub�ld .7..' 3 150 of 329 LM Cf 5ETI�AN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: November 21, 2022 Agenda Item Title: Indian River County Commission Meeting Monthly Monitoring Assignments Background: Each year after the seating of a new Council, Council sets up a monthly Indian River County Commission meeting monitoring schedule. This enables a member of Council to monitor the agenda and meetings for items affecting the City and report back to Council. Attachments: December 2022 and calendar year 2023 meeting dates Administrative Services Depa m t Revic NIA City Attorney Review: i City Manager A thorization: Date: 151 of 329 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION 2023 MEETING DATES December 6, 2022 December 13, 2022 December 20, 2022 January 17, 2023 January 31, 2023 February 7, 2023 February 21, 2023 March 7, 2023 March 28, 2023 April 4, 2023 April 18, 2023 May 2, 2023 May 16, 2023 June 6, 2023 June 20, 2023 9:00 A.M. July 11, 2023 August 15, 2023 August 29, 2023 September 12, 2023 September 26, 2023 October 3, 2023 October 17, 2023 October 31, 2023 November 7, 2023 November 21, 2023 December 5, 2023 December 12, 2023 2023 BCC Meeting Dates — Approved Oct 11, 2022 152 of 329 LRYN SEBAST,AN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: November 21, 2022 Agenda Item Title: Ordinance 0-22-15 — First Reading and Public Hearing - Request for Small Scale Comprehensive Plan Future Land Use Map Amendment — Man Caves@Sebastian Recommendation: Approve Ordinance 0-22-15 on First reading and set date for adoption Background: The subject property consists of 4.56 acres, more or less, located south and east of Spirit of Sebastian PUD, and west of Old Dixie Hwy and FEC ROW. Existing residential and vacant residential land use lies adjacent to the property to the west and south. However, the parcel immediately north of this property maintains a CG land use to be commercial or common area for the PUD community. The property contains one residential house but is otherwise vacant. The subject property is located within an enclave of unincorporated Indian River County, surrounded on two sides and contiguous to the existing corporate limits and boundaries of the City of Sebastian. The proposed development is within the service boundary for municipal services and has provided statements addressing available infrastructure (Attachment A). Current land use and zoning in the County is L-2 (Low Density Residential) and RM-6 (Multiple Family Residential, 6 units/acre). Application has been made to amend both the land use and zoning to be compatible with the City of Sebastian long range plans simultaneously with the annexation of property. The land use amendment proposal is for CG (General Commercial) which is compatible with the existing adjacent land use immediately to the north, commercial uses east of the FEC ROW and industrial land use along the Old Dixie HWY corridor. The applicant has submitted a conceptual site plan for a mini -storage proposed use however, this use is a conditional use in accordance with the CG zoning and will require specific criteria for approval. Small Scale Amendments are defined by statute to be 50 acres or fewer and limited to FLUM changes for site -specific small scale development activities only. The State land planning agency does not require a review however the amendment does not become effective until 31 days after adoption by the local government. This amendment will be transmitted to the DEO upon adoption by COS city council. The Planning and Zoning Commission/Land Planning Agency of the City of Sebastian held a public hearing at its duly noticed September 15, 2022 public meeting to consider the proposed Future Land Use Map amendment and recommended adoption of the proposed request. If Agenda Item Reauires Exr)enditure of Funds: Budgeted Amount: NA Total Cost: NA Funds to Be Utilized for Appropriation: NA Attachments: 1. Ordinance 0-22-15 1. FLUM Staff Report and Attachment A 2. September 15, 2022 PZ/LPA meeting minutes 153 of 329 Administrative Services Department Review: l City Attorney Review: Procurement Division Revie if a AA , 1 cable: City Manager Authorization: Date: %//��/2- 154 of 329 ORDINANCE NO.O-22-15 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING A SMALL SCALE AMENDMENT TO THE COMPREHENSIVE PLAN FUTURE LAND USE MAP TO DESIGNATE A LAND USE CLASSIFICATION OF CG — GENERAL COMMERCIAL FOR LAND WITH A CURRENT LAND USE DESIGNATION OF L-2 (LOW DENSITY RESIDENTIAL) FOR LAND CONSISTING OF 4.56 ACRES, MORE OR LESS, LOCATED SOUTH AND EAST OF SPIRIT OF SEBASTIAN PUD, WEST OF OLD DIXIE HWY AND FEC RIGHT OF WAY, AND NORTH OF MULTIPLE FAMILY RESIDENTIAL DEVELOPMENT; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING AN EFFECTIVE DATE AND PROVIDING AN ADOPTION SCHEDULE. WHEREAS, after careful review and a public hearing on September 15, 2022 of the Planning and Zoning Commission, sitting as the Local Planning Agency, a favorable recommendation was made for the adoption of the requested change to the Future Land Use map and the change was found to be consistent with the Comprehensive Plan. WHEREAS, the City Council has considered the criteria identified in the Comprehensive Plan and Florida Statutes together with the findings and recommendations of its staff and the Planning and Zoning Commission; and WHEREAS, the City Council has provided notice of the proposed Future Land Use Map Amendment and has conducted the required public hearings to receive citizen input; and WHEREAS, the City Council has determined that the proposed changes in the City Comprehensive Future Land Use Map, are consistent with the existing future development goals of the City of Sebastian; encourages the most appropriate use of land, water and other resources; promotes and protects the public health, safety, and general welfare; provides adequate and efficient infrastructure and resources; and protects the public interest within the City of Sebastian. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. AFFECTED PROPERTY. The amendment to the Comprehensive Plan Future Land Use Map (FLUM) adopted by this Ordinance shall affect the following described real property, now lying and being within the incorporated area of the City of Sebastian, Indian River County, Florida: See attached Exhibit "A " Property Warranty and Survey Section 2. DESIGNATION. The Comprehensive Plan Future Land Use Map shall be amended to include the affected property, and designate the same as General Commercial (CG) in accordance with the requirements of Florida law. See attached Exhibit "B " Future Land Use Map Section 3. TRANSMITTAL. The City Manager is directed to transmit a certified copy hereof to the authorities designated under Fla. Stat. 163.3184(3) upon final adoption at second reading, and proceed herewith in accordance with the provisions of Fla. Stat. Chapter 163. 155 of 329 Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 6. SCRIVENER'S ERRORS. Sections of this ordinance may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected or re -codified copy of same with the City Clerk. Section 7. EFFECTIVE DATE. This Ordinance shall take effect upon the concurrence of the issuance of a Notice of Intent by the Florida Department of Economic Opportunity or other final action finding the amendment herein in compliance. Section 8. ADOPTIVE SCHEDULE. That this Ordinance was passed on the first reading at a regular meeting of the City Council on the 21 st day of November, 2022 and adopted on second/final reading at a regular meeting of the City Council on the 14th day of December, 2022. PASSAGE UPON FIRST READING The foregoing Ordinance was moved for passage upon first reading this 21st day of November, 2022, by Councilmember . The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Council Member Council Member Fred Jones Council Member Christopher Nunn Council Member Bob McPartlan ATTEST: Jeanette William, MMC City Clerk 156 of 329 ADOPTION The foregoing Ordinance was moved for adoption by Council Member . The motion was seconded by Council Member and, upon being put to a vote, the vote was as follows: Mayor Council Member Council Member Fred Jones Council Member Christopher Nunn Council Member Bob McPartlan The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 2022. ATTEST: Jeanette Williams, MMC City Clerk CITY OF SEBASTIAN, FLORIDA LIN , Mayor Approved as to form and legality for Reliance by the City of Sebastian only: Manny Anon, Jr., City Attorney This ordinance is effective the day of , 2022, concurrent with the issuance of the Notice of Intent finding the amendment in compliance by the Florida Department of Economic Opportunities. 157 of 329 3120210040981 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK. 3430 PC: 1087, 6/7/2021 10 55 AM D DOCTAX PD S2,66&00 Return to: EXHIBIT A Name: Professional Title of The Treasure Coast, Inc. Andras: IW US Highway I PROPERTY Sebastian, FL 32958 This ssional7rtprofThepared r Thomas Coch ast, I WARRANTY Professional T"db of The Treasure Coast, Inc. 1546 US Highway 1 FL 32958 File No.: 2021-537853789 AND SURVEY WARRANTY DEED 0 This Warranty Deed Made this q _ day of MCIV . 2621 by Jessica Jemec alk& �u d AQ Jessica Bryant hereinafter called the grantor, whose post of la address is: bo _2- �.� k)aAht,,o RA LAPJ c, rd F-[ 33 W3 Vj to: Leabsidge hwestments, LLC, a Florida Limited Uabillty Caatpany whose post office address is: hereindter called the grantee. 01 W rrmss ?TH: That said grantor, for and in consideration of the sum of Ten Dollars, and other variable eomdctations, rempt whereof is hereby acknowledged, hereby grants, bar8ntns, sells, allens, remises, relcases, cony and confirms unto the granw, all that certain lazed situated in Indian River County, Florida, vi= All beat part of the fbilowing described land lying West of the F.&C. Railway Right -of -Way: Beginning at PY. Lawson$ North comer and fun Wast an his line 80 rods thence run North 20 rods; thence run East 8o rods; thence run South 20 rods to point of beginning and bring part of rho SE 1/4 ofthe NE 1/4 of Section 7, Township 31 South, Range 39 East; situated in Indian River County, Florida; said land also being described as: The North 1 /2 of the South 112 of the Southeast 1/4 of tbo Northtast 1/4 of Section 7, Township 31 South. Range 39 East. This property is not the homestead of the Grantor (s). TOGETHER with all the tcaoments, heroditamems and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same In fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seizod of said land In fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby Hilly warrants the title to said land and will defend the sort against the lawthl claims of all Persons whomsoever; and that said land is tine of all i, S except taxes accruing subsequent to 1213 M2020. reservations, restrfcdons and easements of record, if arty. (The taros "grantor" and "grantee" herein shall be construed to include all genders and singular or plural as the context indicates) IN WITNESS WHEREOF, Grantor has hereunto set grantors hand and seal the day and year first above written �7 ssi Jemec s Stato orFlorlda County of Indian River The foregoing instrume t was acknowledged before me by means of [ ( physical presence or U online notarization, thb J + day of _ by Jessica Jemec who IN is personally known or U has produced a drivees license as Id tification. N \ [Seal] �ouavuaaswvsm+ o Public ? -Z nmae • suer a reon�+ Name: �3 Vl EQ=RftdM I C-G z91 nos t tCam. EWM Jan 13. soot � ommission Expires: RE: 2021-33789 Page 1 of 1 158 of 329 ❑11 a HOME OF PELICAN ISLAND Community Development Department Comprehensive Plan Amendment Land Planning Agency September 15, 2022 ITEM 6.A. LPA Leqislative Public Hearinq — Recommendation to Citv Council Comprehensive Plan Future Land Use Amendment Man Caves @ Sebastian 1. Project Name: Man Caves @ Sebastian, 11355 Old Dixie Highway 2. Project Applicant: Herb Green (Authorized Agent) 117 E. Monument Ave Kissimmee, FL 34741 3. Requested Action: Request is for a change from County L-2 (Low Density Residential) to City CG (General Commercial) (Attachment A) 3. Project Location: Section 7, Township 31 South, Range 39 East Subject Parcel is 4.56 Acres, More or Less Parcel # 31390700000100000011.0 Legals: See Deed and Survey (Exhibit 1) 4. Project Description The subject property consists of 4.56 acres, more or less, located south and east of Spirit of Sebastian PUD, and west of Old Dixie Hwy and FEC ROW. Existing residential and vacant residential land use surround the property to the west and south. However, the parcel immediately north of this property maintains a CG land use to be commercial or common area for the community. The property contains one residential house but is otherwise vacant. The subject property is located within an enclave of unincorporated Indian River County, surrounded on two sides and contiguous to the existing corporate limits and boundaries of the City of Sebastian. The proposed development is within the service boundary for municipal services and has provided statements addressing available infrastructure (Attachment A). Current land use and zoning in the County is L-2 (Low Density Residential) and RM-6 (Multiple Family Residential, 6 units/acre), Application has been made to amend both the land use and zoning to be compatible with the City of Sebastian long range plans simultaneously with the annexation of property. The land use amendment proposal is for CG (General Commercial) which is compatible with the existing adjacent land use immediately to the north, commercial uses east of the FEC ROW and industrial land use along the Old Dixie HWY corridor. The applicant has submitted a conceptual site plan for a mini -storage proposed use however, this use is a conditional use in accordance with the CG zoning and will require specific criteria for approval. Small Scale Amendments are defined by statute to be 50 acres or fewer and limited to FLUM changes for site - specific small scale development activities only. The State land planning agency does not require a review however the amendment does not become effective until 31 days after adoption by the local government. This amendment will be transmitted to the DEO upon adoption by COS city council. 162 of 329 5. Site Data a. Site Characteristics 1) Total Acreaae: (2) Current Land Use(s): (3) Current Zoninq: b. Adiacent Properties 4.56 acres County L-2 (Low Density Residential) County RM-6 (Multiple Family Residential, 6 units/acre) Zoning Existing Use Future Land Use North (City) PUD-R CommercialNacant CG East: ROW ROW ROW West: (City) PUD-R ResidentialNacant Low Density Residential South: (County) RMH-6 Residential/MH Park L-2 6. Comprehensive Plan Consistencv a. Chanaed Conditions: The proposed change of land use to a higher intensity of use, commercial, is consistent with the current land uses along the corridor. Existing residential development adjacent to the property may be served by the commercial/industrial uses which are appropriate as this corridor continues to develop as a service area for the community. This designation will provide suitable uses for potential future developments. b. Land Use Compatibility: The CG (General Commercial) land uses are established to implement policies and performance standards for general commercial uses which are compatible with the City of Sebastian current and future land use along this corridor. Policv 1-1.3.3: General Commercial Development (CG). The purpose of the General Commercial land use designation is to accommodate general retail sales and services, highway oriented sales and services; and other general commercial activities defined in the LDC. General Commercial designations are located in highly accessible areas, adjacent to major arterials. The maximum intensity is 1.0 FAR. c. Conformance with Ordinances: The proposal is in conformance with applicable substantive requirements of the Code of Ordinances and Land Development Code, and no changes to these ordinances are required at this time due to this request. d. Adequate Public Facilities: Public facilities requirements for this proposed rezoning have been provided in Attachment A. The property has provided assurance of the availability of sufficient public access and public facilities. The property is within the current service boundary for water/sewer and public safety. Additional ROW may be required for Old Dixie Hwy at time of site plan development due to the increased intensity of use. e. Natural Environment: An environmental assessment of the subject property will be required as part of site plan development application. All natural resource protection measures, including tree protection, wetlands, and listed species, will be required as part of the permitting and development process. f. Economic Effect: The property contains a vacant single family house and no current active existing uses. The Old Dixie Hwy has developed as a commercial/industrial corridor due to its location on a regional thoroughfare (CR 512) and the FEC railroad. The adjacent residential development, Spirit of Sebastian, will be serviced by the commercial uses provided along the corridor. The corridor will 2 163 of 329 require additional ROW to reach the appropriate LOS for these uses and this will be requested as part of the site plan development. Additional road R/W is essential to provide access to CR 512 and provide alternative safety routes to residents within the neighborhoods during evacuations and other emergency actions. In addition, the development will bring sewer and water further south into this part of the City. These infrastructure improvements provide a higher value to future residential or commercial development, which support the tax base within the City. g. Orderly Development: The proposed land use change is consistent with the Land Development Code and Code of Ordinances. h. Public Interest: The proposed change in land use does not appear to be in conflict with the public interest and is in harmony with the purpose and intent of the City of Sebastian Comprehensive Plan 2040 and Land Development Code. 7.Conclusion: The requested land use change from County L-2 to City CG is consistent with the Future Land Use Map and staff supports a recommendation of approval to the City Council from the Land Planning Agency. Lisa L. Frazier. AICP 9/15/2022 PREPARED BY DATE 3 164 of 329 CRY OF BASTLA HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ■ www.cityofsebastion.org L Comp Plan Land Use Amendment Q Comp Plan Text Amendment (Large Scale) ❑ Land Development Code Text Amendment 9 Comp Plan Land Use Amendment ❑ Rezoning (Small Scale) ❑ Annexation Project Name: Man caves @ Sebastian Total Site Area: AcreslSF 4.56 Acres Parcel ID: 31390700000100000a 11.0 Existing Address of Site: 11355 Old Dixie Hwy Sebastian, FL 32958 Proposed Address of Site: 11355 old Dixie Hwy Sebastian, FL. 32958 Proposed Use: Self StoragelMan caves Land Use: CG Zoning: CG I (conditions use in CG zoninq) I Contact Name: Herb Green (Authorized Agent) Address: 117 E. Monument Ave Kissimmee, FL 34741 Telephone: 4o7-7sa-1s7s Email: hgreen@cadjazz.com Applicant (If not owner, written authorization (notarized) from owner is required) O«'ner: Leabridge Investments LLC Address: 11355 Old Dixie Hwy Sebastian, FL 32958 Telephone: 407-744-4496 Email: paulrowecivii@aol-corn Date Received: Fee Paid: Received by: FORM B 165 of 329 Surveyor: Know It Now, Inc. Address:5220 US Hwy 1, #104 Vero Beach, FL 32967 Telephone: 888-396-7770 Email:,,.kinsurvey.com Engineer: Herb Green, Cadjazz Engineering Address: 117 E. Monument Ave Kissimmee, FL 34741 Telephone: 407-738-1979 Email: hgreen@cadjazz.com Pre —Application Meeting Date: March 28,2022telephone meeting withUsaFrazier DESCRIPTION OF PROPOSED PROJECT: self storage/man caves l SIGNATURE Of APPLICANT I hereby certify that I have read and examined this application and know the same to be true and correct. All provisions of laws and ordinances governing this type of wor l] be complied with, whether specified herein or not. The granting of approval does not presume to give aVitt e orc cel the provisions of any other state or local law regulating construction or the perform Herb Green�Print name SignaR Notary: STATE OF: COUNTY: I her by certify that on x. 2� 20`� personal] appeared w" &1ZEE1� who is)� personally known to the or has produced ll identification. Type of identification produced - [SEAL] Notary Public cZozaolto SPRUS ~ ao MY Commission Expires: OZV¢BZ 00 uo!cuuul03 hpW palVgB aueyr esoa dr eprjolj 10 atrl5 ollqnd AreloN a .pV Notary Public State of Flonda +� a 1, Rose Maria Bartlett tqkMy commission GG 2BU20 FORM B Expires 01 10312023 166 of 329 COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET P SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ■ www.citvofsebastian.ora $2,000 Comp Plan Land Use Map Amendment (Large Scale) $1,500 Camp Plan Land Use Map Amendment (Small Scale) $1,000 Annexation APPLICATION FEES: $2,000 Comp Plan Text Amendment $1,500 Land Development Code Text Amendment $1,250 Rezoning "APPLICATION FEE IS NON-REFUNDABLE UPON PAYMENT TO THE CITY" DOCUMENTS SUBMITTED FOR APPLICATION REVIEW: ❑ Summary Report: addressing review considerations in accordance with 54-1-2.7 Land Development Code and 54-1-2.9 Land Development Code where applicable; or, objective 1-2.4 of Comprehensive Plan 2040 of all annexations. ❑ Location Map ❑ Two (2) Boundary and Topographic Surveys ❑ Warranty Deed for all owners and/or Notarized Letter of Authorization ❑ Future Land Use Map: Current and Proposed ❑ Zoning Map: Current and Proposed ❑ Traffic Impact Analysis Statement ❑ Electronic Copy - Complete Submittal ❑ Stormwater Calculations ADDITIONAL FEES Should the review process be delayed by the applicant for longer than 5 months, re -submittal will be required consistent with current regulations and fees. The applicant/owner shalt have I year from the approval date to commence construction of all or any phase. If the site plan expires, the applicant/owner must re -apply for a new review with applicable fees. An extension may be requested for additional fees. FORM B 167 of 329 ATTACHMENT A 168 of 329 3120210040981 RECORDED IN THE RECORDS OF JEFFREY R. SMITH. CLERK OF CIRCUIT COURT INDIIAN RIVER CO FL BK: 3430 PG: 1087, 617/2021 10-M AM D DOCTAX PD S20M Rctum to: Name: Professional Title of The Tmtsum Coast, Inc. Address: 1546 US Highway I Sebastian, FL 32958 This instrument prepared by: Thomas Rich Professional Tile of The Treasure Coast, Inc. 1546 US Highway 1 Sebastian, Fl. 329SB File No.: 2021-53789 WARRANTY DEED Q This Warranty Deed Made this q day of h'1ai/ �� by Jessica lemac e1Wa Jessica Bryant hereinafter called the grantor, whose post of rcc address ls: -;"Ps V,)t)*► rn Rd Lahelard FI 33 W03 to: LobrWp Investments. LLC, a Florida Limited Liability Company whose post office address is: +V&SS Odd t 4 _ Jjwu SIICLA rrA 32258' ker iaftcr ealkd the grarttx, WITNESSETH: That said grantor, far and In . , , r// rh .: , of the sum of Tea Dollars, end otber variable consideradoM receipt aheeof H hereby i.... ; . . J. hereby great% bargains, sells, aliens, remises, MUMMM, conveys and confirms unto the grantee, all that certain land sihmted to Indian River County, Florida, via All that part ofthe following described land lying West of the F.E.C. Railway Right -of -Way: Beginning a P.P. Lawsoa's Northow comer and run West on his tin 80 rods; thence tsar North 20 rods; thence run East 80 rods; thence turf South 20 rods to point of beginning aid being part of the SE 1/4 of the NE 1/4 of Section 7, Township 31 South, Range 39 East; situated in Indian River County, Florida; said land also being described as: The North 1/2 of tho Sonia 1/2 of der Southeast 1/4 of tho Northcan 114 of Section 7. Township 31 South, Range 39 East. This property is not the homestead of the Grantor (a). TOGETHER with all the tenements, herrditarnems and appurtenances thereto belonging or in anywiac wing. To Have and to Hold, the saran In fee simple forever. And the grantor hereby covetatus with said grantee that the grantor is lawfully seized of" land In fee simple; that the grantor has good sight and iawfW authority to sell and convey said land; that the grantor hereby fully warrants the title to said lend and will dat7end the same against the lawflnl etal ms of all persons whomsoever; and that said land is tiee of all etcmmbn m e% except taxes accruing smbsequent to 12131/2020, reservations, restrictions and ememeats of record, if any. (The terms "grants" and -Uamtee" herein shall be construed to Include all genders and dulptler or plural as the context Irdhates) IN WITNESS WHEREOF, Gr=w has hereunto set grantor's hand and seal the day cad year first above written. Signed, Settled sad Delivered in Our Presence: The f teg t was ackaowtedged before me by meaaa of (Q(phystcal presence or U OWI= notarization, this o day of . = I by )mice Jemec who [Nis personally Imown or (__] has produced a driveta license as i 'fication. {Seel) �oAaeAeARasuvsou pans want • sea. or rww comaaanosiactsrroe Kr CO=L 1g6n Act is. tort sondes ar«� Iktgnd nxs,nr Asa. RE:2021-53789 o NPublic ame: �r�o xSt) v1 Wmminion Expires: t % Page I of I 169 of 329 Date: April 4, 2022 RE: Parcel Ill# 31390700000100000011.0 11355 Old Dixie Highway Sebastion, Florida 32958 LETTER OF AGENT AUTHORIZATION The purpose of this letter is to authorize CADJAZZ Engineering Consultants to act on my behalf and as my trusted agent in processing any and all Planning and Zoning Applications, including but not limited to Site Development Permit Applications for the above referenced project, including all regulatory agencies, departments, and their personnel for State of Florida, Indian River County, Florida Department of Transportation, Water Management District, and Florida Department of Environmental Protection in an effort to receive all approvals necessary for site improvements and construction. The undersigned being contractual Owner. Signature: Date: O p !j 101:1 Name: Jerome Paul Rowe Title -fir Address; 1600 Regal Cover Court Kissimmee, FL 34744 Phone: 407.744-4496 Email: Paulrowcivil@aol.com State of: Florida County of: Osceola Before me personally appeared Paul Rowe, who is personally known to me or has provided as identification, known to me to be the person described in and who executed the foregoing instrument for the purposes therein expressed. WITNESS myfiaiid and official seal, this day of A.D., 2022. ii JJ� Notary Public t h1�19 ] Jik.� I:11 Qy.'�/ ,/ � Rose Pubic Blau d iWntla My Commission xpires ()I j//0�3 /6�Q . Rose M�rip Bartlett 2 r My Gomm�ss+on GG 2B0+2fl E■Wres0103=2] 170 of 329 814122, 10:19 AM Detail by Enlity Name ...org Ptpartmenl of State 1 Division at CorpQrallilij I Search Records I Search Y-EnWy Narnr I Detail by Entity Name Florida Limited Liability Company LEABRIDGE INVESTMENTS, LLC Filing Information Document Number FEIIEIN Number Date Filed State Status Last Event Event Date Filed Event Effective Date Principal Address 1600 REGAL COVE, CT KISSIMMEE, FL 34744 Changed: 04/22/2015 Malling Address 1600 REGAL COVE CT KISSIMMEE, FL 34744 L05000015559 77-0203884 02/10/2005 FL ACTIVE LC STMNT OF RA/RO CHG 05/30/2018 NONE Changed: 04/22/2015 Registered Agent Name 8 Address Rowe, Jerome Paul 1600 REGAL COVE CT KISSIMMEE, FL 34744 Name Changed: 02/21/2021 Address Changed: 02121/2021 Authorized Persoii(5) Detail Name & Address Title MGR ROWE, JEROME search.sunbiz.org/Inquiry/CorporationSearchiSearchResu[tDetail?inquirytype=Enii[yName&dirertionType=Initial&searchNameOrderil EWIAC-1 1NV.. 112 + Indian Rim C4mmy PropOrty Appral5er PROPERTY APPRAISAL INFORMATION 2022 PROPERTY 31471 R RES 1&20Yd015 OWNERID: LFABRIDGE INVESTMENTS LLC TAXARFA: 1 Legal beacrip0an 355162 11355 OLD DIXIE HWY '3i47i' SEC 7 TWP 3 i RNG 39 MORE FULLY DESC AS ALL THAT SEBASTU4N FL 32958 LALYING W OF THE FECC ROW BEG AT PP LAWSONS ND , ACRES: 4.5600 NE COR AND RUN W ON HIS LINE FOR A DIS OF 80 RODS TH RUN N FOR A DNS OF 20 ROD TH RUN E FOR A CIS OF 80 APPR VAL UMOO: C051 SON %: 0.00 313907DOUM100000011.0 DBA: NSOH 54 %: 1DD.00 SITUS 11355 OLD DIXIE HWY SEBASTIAN. FL 32959 NSOH SS 7i: 0.00 GENERAL SKETCH FOR IMPROVEMENT ill ' UTILITIES LASTAPPR. RT `l TOPGGRAGPHY LAST APPR. YR 2022 BASE ROAD ACCESS LAST INSP. DATE 05IM022 ZONING Rld-6 NEXT INSP. DATE c 1,- [Area. 90 ntj I S PRIMARY USE 0100 4 OF IMPRV t 'r 15* 10• NEXT REASON TWO [Area: 476 REMARKS 6 B BUILDING PERMITS 34H ISSUE LIT PERMIT TYPE PERMIT AREA ST PERMIT VAL ; 1} CT)f R 1 2.400 BAS E CK 1 0 (Aree:762 ttl 2M4)-31471-355162+ IMPROVEMENT VALUE 182969 LAND MARKET + 135.660 TOTAL MARKET VALUE 328.629 AG VALUE = 0 PRODVCTIVITY LOSS _ 0 ASSESSED VALUE . 328.629 EXEMPTION VALUE _ TAXABLE VALUE = 328.629 EXEMPTIONS PICTURe SALES INFORMATION - SALE OT PRICE GRANTOR DEED INFO OM12021 380,000 JEMECJESSICA WO l343011007 {-1) 1:4 037212017 100 BRYANT THERESA F MR 13016 1 1345F':71d OLM120U3 100 BRYANT THERESA OC 1 1557 ! 1515 � • e 1 / 11 1 1 R 1 1 l s.� s.e �m4.naa s.ssw: .eM•p.III.Al1a1p1 IAN104AIA: ..n. srLn+vr. +as Lr[ce. e+ue..L. a�wOVl1�(7aeA111Ye r *rre u.ue L.no r+Aavww e..wr v Lnn1e +w1x Area u4rewa Lrrr war u. n •au an nrra roc Fn.. +w ALvraua 1 • BASE 2 RES R3NIILCOI 10o 000 AIM 1,34a,0 7e.05 1 10]5 11a5 43.709 4A.00%' 0.40 17+R4 a "A0" .r.ra Wn[ afowm 2 TWO 2 R" A3JWLC41 100 0.00 O,OD 476.0 20,34 1 ins ISM 9.642 40.00%, 0.40 3p73 ItMh F'.Nres Bnth— 30o Bmh Fulwes 1,00 DMh-- 3 OP30 2 RES RaWLCOI Wo 0.00 0.00 24.0 0.72 1 1905 1e05 209 40.00%, 040 84 6rdlmms ZOO Olruaam. 1 Resden, Llrina Aree: 1,e4e,01EfAT5l hbmevw. H 53.d00 Llrin¢Ar•r: le2a 21.4»I D.,,n akpn TONS CLOD Oa•erred cam 1.00 192,9T9 E-i— W9 d.00 Aabesfo[ Shire Fa SL�cr 0,00 Skoo: Sofh— FrplCode SAD ISlpra Mnana Was 0.00 WON Beard Roos Dale 0,00 CiMKWTh`%SL& Shape Code OLDO ROCawy. Suheauch.e Cede 0.00 CMH010 Pan Total Rooms 7.00 Total Ro s etmL e14n, 1e.n: s. - .n+>t c.r..wr: euAwn: a•w.a: rAmocrwnrarana u a[5cu.noe m1..p Loss sea ees rAur ws .rm .rn rwee Aa r... — swe wr_ b r e.rs[ urul[ 1 A FV" 01E SPECIhr N A +.5600 AL 35 mom 159 Edo 1 00 OAS A 136.660 N Lmm Tew 135.660 4-%w 115.660 Rwae 1 .1 1 Ene4 D.teer Appui f-,r pale P—I.d 071729R022 9 09 45PM by Pw44CammaM e4 slr.lwt ra TALLY 000 0 a W.ND.314T1 172 of 329 5IMP.7 J OF-' lWR TY 1)F.rA1! Sf - LF.G:Il. lf'{�ON: A1.7. Tll tRAP, O THE 1(N.1.u1411Yf, I)E�['kllil:!) L1Nf)1.1'LNr; ME F.E.C. RAILIVA VRIGIMoF WAV '3IkYF:I"NOTr.'nxli9.lsTF' 311T1lrJ1)I-AId. yHFFTS Ill-."WNNINGATI).1! 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Vi'RS"ES'!S V'f A'F"t 71.Ash l'O))1'fJi 1'F; IS'7r17[ti TTl fT? Nfkl'ES' RF.141Rr FJl.F SURVEYOR'S SIGNATURE CEt TIr•IE-D TO: LE.413PIDGE INVESTMENTS, LLC PROFFSSIQNrlL TITi.F. OF TIIF TREASURE COAST. INC-. STEWART 7777.E GUARANTY COMPANY -:-li'{.•t'l.'r , .11.r, yl ♦•„dr1111r5`TIN i �•r{•,'r'IiV�l.lr .[ {•ri; ,t 1: •x.)rrl'Yll, I[ ,. n•I ~ ir�r£o� 5.zo.21 KNOW IT NOW, INC. 1'A'OFf•'.. NJf )NAL SUR VE SYNG A VI) MAPPI NU 1311.1, HYA7 ry ..,..• D.,ITE ,:,,r)p),vltl nnVAY 1, b)1.4 • S1IRVEYOh' . V n 116 3b vF:Av, i:1v;r 11 F1..1!')" it STATE OF FLORMA "' PHONE ONRi .3oo 777o rl[)Rtl)5Ill 'sth'F.F:.I'17JalMd'A TF OVA)Tl71007_A TN I.N NI WITERl It fr'112 iVIVIV. KINSf tNNY f 7)M • 29 August 9, 2022 Itespunse lu COS S'fAF F REN'l1AV COMMENTS (August 4, 21122) Man Caves @ Sebastian, 11355 Old Dixie Hwy, Sebastian, Fi Parcel ID: 31390700000100000011.0; 4.56 Acres ANN'E\ATION/flI'1't RL, LAND USE AMENDYIEl\T/11EIZONING Itl?()Ut.ti'1' RE: FLUM AMENDMENT/REZONEREOUEST 1. Update application and maps to reflect the proposed request for change in Land Use and Zoning: CG respectively. Response: Application and exhibits now reflect the proposed request for change in Land Use and Zoning to CG, we have updated Exhibit #19 to reflect the parcel proposed Land Use and Zoning to be CG ( City of Sebastian) for reference. 2 IRC Potable Water and Sanitary Sewer force main available on Old Dixie Hwy. Development will be required to connect if a central wastewater main is within five hundred (500) feet. (Policy 4- 1.2.1) Response: Applicant acknowledges that connection to wastewater main within 500' is required as part of the site plan development order. We have included this note on the Conceptual Plan Exhibit 11 for better clarification; refer to City of Sebastian Development Notes, lower right hand corner of conceptual plan. 3. Mini storage is conditional use in CG zoning. Please refer to Sec 54-2-6.4 for Specific criteria for approving a conditional use (28) Mini -storage. Response: Acknowledged, Specific criteria (Sec 54-2-6.4) will be followed. We have included this note on the Conceptual Plan Exhibit 11 for better clarification; refer to City of Sebastian Development Notes, lower right hand corner of conceptual plan. Please be aware that a tree survey and natural resource assessment will be required prior to land clearing and/or site plan approval (Sec 54-3-14.7 LDC). Response: Applicant acknowledges that a tree survey and natural resource assessment will be required prior to land clearing and/or site plan approval. We have included this note on the Conceptual Plan Exhibit 11 for better clarification; refer to City of Sebastian Development Notes, lower right hand corner of conceptual plan. We appreciate Staffs review of our request, and if we may assist further, please feel free to call (407) 738-1979 or email (igreen(a?cadiazz cone) us so that we may help expedite the processing of our request. Sincerely, er Green, P, Project Manager 175 of 329 PO Box 450006 Kissimmee, Florida 34745 Tel 407 7391979 Fax 407 348 7552 August 8, 2022 Ms. Lisa Frazier Community Development Department 1225 Main Street Sebastian, FL 32958 Subject: Application for Rezone and Future Land Use Amendment Leabridge Investments LLC Parcel l.D.3139070000010000001.0 Dear Ms. Frazier: Please accept this application for rezone and land use amendment for the referenced parcel. The parcel land area is approximately 4.56 acres, located at 11355 Old Dixie Highway, Sebastian, FL 32958. For reference we have included project "Location Map" (Exhibit 1) and supporting Exhibits (2-19) that show project site relative to current zoning and land use. NEED AND JUSTIFICATION FOR CHANGE Applicant's parcel has the current zoning designation of RM-6 (Indian River County Zoning) which has a land use L-2 with density of 6 units per acre. The surrounding Indian River County parcels to the east are zoned CG (General Commercial) and CH (Heavy Commercial) see Exhibit 4. Currently, Indian River County only allows warehouse/self-storage on parcels with 2.5 acres maximum. Based on discussions with County Staff, Indian River County's comprehensive plan provides no viable path for allowing our proposed self storage/mini warehouse use. LAND WITH SAME CLASSIFICATION Within the City of Sebastian there are 8 parcels in the CG zoning District that are large enough to support this self-storage/mini warehouse project. Of these 8 sites, only 2 are currently vacant. Parcel 32935 (Exhibit 6, Parcel Reference t#1) has storage units on the adjacent parcel to the north and parcel 35845 (Exhibit 6, Parcel Reference 42) is oddly shaped and partially occupied by a drainage pond. There are 5 sites in the IN (Industrial) Zoning that are large enough to support a storage facility, only one of these sites, parcel 10802 is vacant, It is owned by SJRWMD and Indian River County, being owned by public entities, makes it difficult to acquire and develop this parcel. COMPATABILITY WITH COMPREHENSIVE PLAN The proposed rezoning and land use amendment is compatible with the City of Sebastian's Comprehensive Plan. The City's Comprehensive Plan states that that there is a need to prevent urban sprawl and disjointed urban service delivery systems (Objective 1-2.4 Annexation Studies). Our parcel is immediately adjacent to parcels that are incorporated in the City of Sebastian and is contiguous with current city boundaries. This parcel lies within the established Annexation Reserve Area for City of Sebastian (Exhibit 16), and this parcel is uniquely located to serve as mini warehouse/rv/boat storage in an area that is currently underserved by this type of facility. 176 of 329 Request for Rezone & Land Use Amendment Leabridge Parcel pg. 2 LEVEL OF SERVICE The drainage permit will include SJRWMD and City of Sebastian. Existing Indian River County Zoning RM- 6, Land Use L-2 maximum impervious coverage is 60% (119.180sf) and proposed zoning CG; land use CG with maximum impervious coverage is 80% (158,907 sf). The increase of Impervious area would be offset by the stormwater retention area that would provide stormwater protection commensurate with the Impervious area. We anticipate water demand to decrease by 12,077gpd. Current land use of 27 du (6 du/ac * 4.56 ac); 27 du * 471 gpd/ du=12,717gpd, and proposed 400 units @ 1.6 gpd/unit = 640 gpd. Wastewaters demand decreases by 7,700 gpd. Existing Indian River County 27 du * 300 gpd/du = 8,100 gpd. Proposed 400 units @ 1.0 gpd/unit = 400 gpd. There is no sewer service available for the this site, and consistent with surrounding parcels, we estimate that septic service (Exhibit 13) would be adequate to serve this project's low sewer demand. We estimated a decrease in solid waste demand by 10.66 tons per year for this rezoning and land use amendment. Existing land use would generate 27 du * 13.2 Ibs/du = 357 Ibs/day or 65.04 tons/yr, while proposed self storage/mini warehouse would generate 59.590 sf * 0.005 Ibs/sf = 298 Ibs/day or 54.38 tons/yr. Traffic demand decreases by 217 ADT (see Exhibits 11 & 12). Existing L-2 residential land use would generate about 303 average daily trips, and proposed self storage/mini warehouse land use would generate about 86 average daily trips. According to the City of Sebastian Traffic Level of Service 2040, our site is located between roadway networks that are at Level of Service C and D that are consistent with acceptable level of service standard for roadways. The proposed driveway and traffic access for self storage/mini warehouse would be via Old Dixie Highway. Indian River County is the public entity responsible for Old Dixie Highway, and during our advance review with Indian River County Staff, we have confirmed that Indian River County Engineering and Public Works Department would not object to the proposed access and driveway as represented on Exhibit 11. 177 of 329 Request for Rezone & Land Use Amendment Leabridge Parcel Pg. 3 LOS Analysis Summary Table for leabridge Parcel @ 1135S Old Dixie Hwy Sebastian EditingFW Proposed RLI Service ft rider Type of Facility Desigrmatians , : Dest ns Resulting impact; : Capacyty SIRWMD and My of Indian River County Zoning Sebastian; Onsite RM-6; Land Use L-2, City of Sebastian Zoning Stomsuater Maximum Impervious CG; Land Use CIS Retention for Coverage Area 60% Maximum impervious Increase of Pre/Fast impervious area 219,180 Coverage Area 80% Impenmdous area of Development Runoff Drainage sf 15%907 if. 39,7Z7 sf Equivalence. Water WasteWater (Sewer) Solid waste Traffic Indian River County Zoning RM-6; Land Use L-2; Density 6 du/ac * 456 ac =27 du' 471 gpd/du = 1Z,717 gpd Indian Rhmr County Zoning RM-6; Land Use L-2; Density 6 d4ac * 4S6 ac =27 du * 300 gpd/du = 8,100gpd City of Sebastian Zoning CG; land Use CG; up to 400 units @ L6gpd/unft;4ecrease of 1Z,077 Nosenrice area, 640 gpd gpd septic drainfleld area City of Sebastian Zoning CG; land Use CG; up to No service area well 400 units @ L0gpd/unit4ecrease of 7,700 potable water 400 gpd gpd required. City of Sebastian Zoning CG; Land Use M; Indian River County Zoning Maximum Bldg Coverage RM-6; Land Use R 396:198,634 * 030 = Density 6 du/ac * 4.56 ac 59A90 s f * 0.005 lbs/s f. _ =27 du * 131 Iln/du = 357 298 Ibs/day or 5439 lbs/day or 65A tons/yr tons/yr City of Sebastian Zoning Indian River CD" Zoning CG; Land Use CG; RM-6; Land Use L-Z; Maximum Bldg Coverage Denisity 6 du/ac * 456 ac 3096:19BA34 * 030= 227 du; ITE Code #210 SF 59A90 si; IE Code # 151 Detached Home ADT = 303 Mint Warehouse/SS ADT - trips 86 trips. IMPACT ON NATURAL ENVIRONMENT Decrease of 10.66 tons/yr Waste ftnement provides solid waste services for this area and has available capacity Reduction In traffic Impact to existing Decrease of Z17 trips level of service 178 of 329 Request for Rezone & Land Use Amendment Leabridge Parcel pg. 4 Our initial diligence has found no environmentally significant items related to any historic preservations or wetlands. The parcel is outside of the Coastal High Hazard Area, Storm Surge and Flood Zones (Exhibits 7, 8 & 10). Also, there are no wetlands on site per the Federal Wetland Inventory (Exhibit 9). This parcel is surrounded by a mobile home park to our south, future residential subdivision to our west, commercial general future use to our north, and Florida East Coast Railroad with general/heavy commercial to our east. The proposed land use amendment for this parcel will be compatible with the current surrounding uses that include commercial and industrial. Additionally, our proposed land use would serve as a conforming transition that exists to the east and proposed residential to our west. Furthermore, the proposed land use may serve to benefit the proposed residential to our west and nearby storage needs for local oceanside recreational vehicles and boats. Sincerely, 94 Herb Green Project Manager 179 of 329 Leabddge Parcel 11355 Old Dixie Hwy Page 3 Conclusion, The proposed mini warehouse/self storage will generate 217 less average daily trips when compared to the existing allowed zoning and land use for 27 single family residential units; and based on the trip generation comparisons, self storage will generate 18 trips less AM Peak Hour and 20 trips less PM Peak Hour. Based on the comparisons, the requested zoning and land use amendment that may will support proposed mini warehouse/self storage use should not adversely affect existing level of service and should be considered a de minimus change. 202 of 329 CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY MINUTES SEPTEMBER 15, 2022 IV. Local Plannina Aaencv (LPA) Public Hearinas A. Public Hearing -- Recommendation to City Council -- Small Scale Comprehensive Plan Future Land Use Map Amendment -- Man Caves @Sebastian, Applicant (Proposed Annexation) -- An property containing 4.56 acres located south and east of Spirit of Sebastian PUD, west of Old Dixie Highway and FEC right-of-way, and north of multiple family residential development. Existing county land amendment to the Comprehensive Plan Future Land Use Map for use designation is L-2 (low -density residential) and the requested Sebastian land use is CG (General Commercial) Ms. Kautenburg called on the applicant to make its presentation. Mr. Herb Green of Cadjazz Engineering, Kissimmee, Florida, stated he is here to request a small- scale comprehensive plan amendment to allow the applicant to rezone from the current L-2, which is a County designation, to the CG designation for the desired use of creating man caves and a self - storage facility on the site as set forth above. He explained that everything that is going to be generated as far as level of service is some equipment with minimal impact to the City of Sebastian in terms of the total levels of service available. He is requesting approval of this item and asked for questions/comments. Ms. Kautenburg asked for presentation from City staff. Lisa Frazier identified herself and described the request for a 4.56-acre parcel that has been requested to be annexed into the City. Concurrently, the applicant would like to change the land use, and later on this evening the Commissioners will also be considering the rezoning of this property. Currently, it lies within the County as L-2 (low -density residential). They are asking that it be changed to CG (general commercial). She described the adjacent properties and their land use designations. Staff feels that this is a compatible change in use due to the change that has occurred along Old Dixie Highway. Old Dixie has always been more of an industrial area. Regarding adequate public facilities, water and sewer have been brought down Old Dixie Highway, and the applicant is well aware that they will have to connect, and there is a letter in the agenda packet to that effect. Included also in the packet is a conceptual plan of these storage units. Under the zoning they are requesting, this is a conditional use, and they will have to meet certain additional criteria in order to put storage units on this site. She called for questions/comments after public input. Ms. Kautenburg opened the floor to public input, and she called on anyone who wished to speak in opposition to this proposal. There was no one either in chambers or on Zoom. She then called for anyone who wished to speak in favor of this proposal. Robert Votaw, Sebastian, Florida. He stated that he is representing the adjacent Spirit of Sebastian project. He stated his group is absolutely in favor of this proposed project. He stated that they would like to see some buffer restrictions a little larger than the 10 feet that has been proposed and possibly doing a chain -link fence instead of a white vinyl fence for security. Otherwise, they are very much in favor of the project. There being no one else to speak in favor of the project, either in chambers or on Zoom, Ms. Kautenburg called for staffs summary. 203 of 329 PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY MINUTES OF MEETING OF SEPTEMBER 15, 2022 Ms. Frazier stated that she believes that the Commissioners have all of the information that is required, and she will answer any questions. Ms. Kautenburg closed public comment at this point. She called on the Commissioners for any questions or comments. Mr. Christino asked how many storage units will be located on the property. His concern is that the southern section of Old Dixie Highway is unimproved, and there will also be a lot more train traffic there, and he asked if there is a safety concern. Ms. Frazier said that staff does not feel that there will be a large amount of traffic. However, staff has anticipated that the road right-of-way will probably need to be widened . That is part of the site development or annexation that will be considered requiring a portion of the right- of -way to be deeded. Ms. Battles asked whether water and wastewater are available. Ms. Frazier said yes. Ms. Kautenburg asked if this Commission is to address the zoning change as well as the annexation. Ms. Frazier stated this Commission does not address any type of annexation. Annexation is through the Florida statutes, and this Commission is only considering future land use. Later on this evening the Commission members will be addressing the zoning. There being no further discussion, Ms. Kautenburg called for a motion. On staffs recommendation and the fact that this meets the City's land development changes from County L-2 to City CG, a motion recommending approval to City Council was made by Ms. Kinchen and seconded by Mr. Simmons. Roll Call Ms. Battles -- Yes Mr. Lucier -- Yes Ms. Jordan --Yes Mr. Simmons — Yes Mr. Carter -- Yes Ms. Kinchen -- Yes Ms. Kautenburg --Yes Vote was 7-0 in favor. Motion passes. Ms. Kinchen --Yes Mr. Carter -- Yes Ms. Kautenburg -- Yes Vote was 7-0 in favor. Motion passes 204 of 329 CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY MINUTES SEPTEMBER 15, 2022 A. P&Z Quasi -Judicial Hearing -- Recommendation to City Council -- Land Development Code Rezoning Amendment for a specific site - Man Caves @Sebastian, Applicant (Proposed Annexation) -- An amendment to the Zoning Map for property containing 4.56 acres located south and east of Spirit of Sebastian PUD, west of Old Dixie Highway and FEC right-of-way, and north of multiple family residential development, the existing County zoning is RM-6 (multiple -family residential district, 6 units/acre), and the requested Sebastian zoning is CG (Commercial General Mr. Anon read the article into the record. Ms. Kautenburg asked if any member of the Commission has had communication with the applicant. All stated they had not. Those who were going to testify in this matter were sworn in. Ms. Kautenburg called on the applicant to make his presentation. Mr. Herb Green of Cadjazz Engineering, Kissimmee, Florida, identified himself. He is requesting a positive recommendation for a rezoning from the current zoning to CG upon the voluntary annexation that the applicant has requested. He gave a brief summary of the genesis of the project. The most efficient size in terms of acreage for the project is four acres. This property is surrounded by CG to the north. His group has corresponded with Indian River County and understands the requirements for the right-of-way . Applicant has consented to the right-of-way improvement that is required along the frontage of the project. He called for questions/comments. Ms. Kautenburg called on staff for their findings and analysis. Ms. Frazier reviewed that this is a request for a rezoning from County RM-6 to CG. She described the size and location of the project. The zoning is appropriate for that use (mini storage), but it is a conditional use under that zoning. So they will have to meet specific criteria for approval when they come in with a site plan development. They have provided a conceptual design, but that is not what is being approved. It is only the zoning at this juncture. The design will have to come in again. Staff feels that there is a change in conditions occurring along that corridor, so this is an appropriate change and appropriate use should this property be successful in being annexed into the City. Ms. Frazier suggested that certain conditions be placed on this zoning recommendation should the Commission choose to move forward -that we honor the Spirit of Sebastian and the mobile home park to the south and make sure that the appropriate buffering and security fencing measures be taken in the site plan process, as well as the right-of-way dedication for the improvement of Old Dixie Highway be included also in the site plan approval process. Ms. Kautenburg called on the Commissioners for questions/comments. Mr. Carter asked how big the individual units are going to be. Mr. Green stated the typical size of this type of unit varies. It could range from 15 feet wide by 30-40 feet deep up to 25 to 55. It is going to be a mix of self -storage component and also the mancave component. The mancaves are typically used for and have been successful in attracting work/storage spaces for carpenters, plumbers, etc. who can put their supplies, etc. in these units as well as having a small office space so that they can go inside and work also. Some people use them as garages and places to store hobby items, etc. The units will be air conditioned as well. Mr. Christino asked if these units are going to be sold. Mr. Green stated that has not yet been decided. In other projects like this people actually own the units. It depends on what the local codes are. He agreed with Ms. Frazier that the current conceptual plan is just to show what may be the layout. Mr. Christino is also concerned about large vehicles being used in that area and 205 of 329 PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY MINUTES OF MEETING OF SEPTEMBER 15, 2022 how that will affect the roads. Mr. Green reviewed that every street is designed for tractor - trailers, so anything less than 80,000 pounds on an axle is simple as far as the roadway is concerned. Ms. Battles asked regarding the units being air conditioned. She asked if each man cave will have separate utilities. Mr. Green said that will depend, but now there is water and sewer available. The applicant will discuss that with staff in terms of defining the site plan. Ms. Frazier emphasized that this is not living space. Mr. Green stated that the applicant will adhere to the criteria that are stated in the zoning and the land development code. There being no one present in chambers or on Zoom who wished to speak in favor of or against this project, and nothing further from staff or the Commission members, Ms. Kautenburg called for a motion. A motion recommending approval of the rezoning request was made by Ms. Battles and seconded by Ms. Kinchen, who stated that the motion should include the Spirit of Sebastian's request for additional buffering and the right-of-way request for widening of Old Dixie Highway for future use, and use of additional fencing as security measures. Roll Call Ms. Battles -- Yes Mr. Lucier -- Yes Ms. Jordan -- Yes Ms. Kinchen -- Yes Mr. Carter -- Yes Mr. Simmons -- Yes Ms. Kautenburg -- Yes Vote was 7-0 in favor. Motion passes. 206 of 329 mof SEBASTIAN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: November 21, 2022 Agenda Item Title: Ordinance 0-22-16 — First Reading - Request for Rezoning — Man Caves@Sebastian Recommendation: Approve Ordinance 0-22-16 on first reading, set date for sccond reading and adoption Background: The subject property consists of 4.56 acres, more or less, located south and east of Spirit of Sebastian PUD, and west of Old Dixie Hwy and FEC ROW. Existing residential and vacant residential PUD zoning surround the property to the north, west and south. However, the parcel immediately north of this property, as part of the conceptual PUD plan, presents the use to be commercial or common area for the community. The property contains one residential house but is otherwise vacant. The subject property is located within an enclave of unincorporated Indian River County, surrounded on two sides and contiguous to the existing corporate limits and boundaries of the City of Sebastian. The proposed development is within the service boundary for municipal services and has provided statements addressing available infrastructure (Attachment A). Current land use and zoning in the County is L-2 (Low Density Residential) and RM-6 (Multiple Family Residential, 6 units/acre). Application has been made to amend both the land use and zoning to be compatible with the City of Sebastian long range plans simultaneously with the annexation of property. The properties zoning amendment proposal is for CG (Commercial General) which is compatible with the existing adjacent PUD immediately to the north, commercial uses east of the FEC ROW and industrial zoning along Old Dixie HWY corridor. The applicant has submitted a conceptual site plan for a mini -storage proposed use however, this use is a conditional use in accordance with the CG zoning and will require specific criteria for approval. The Planning and Zoning Commission of the City of Sebastian held a public hearing at its duly noticed September 15, 2022 public meeting to consider the proposed Rezoning request and recommended adoption of the proposed request. If Agenda Item Requires Expenditure of Funds: Budgeted Amount: NA Total Cost: NA Funds to Be Utilized for Appropriation: NA Attachments: 1. Ordinance 0-22-16 2. Rezone Staff Report (Attachment A and September 15. 2022 PZ/LPA meeting minutes may be found under FLUM Amendment) Administrative Services Depa m t Review, i City Attorney Review:,�•. Procurement Division Re�iiew, if a 1plicable: n/ City Manager Authorization: Date: ///w 1,122- 207 of 329 ORDINANCE NO.O-22-16 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, DESIGNATING A ZONING CLASSIFICATION OF CG (COMMERCIAL GENERAL) WITH CURRENT ZONING DESIGNATIONS OF RM-6 (MULTIPLE -FAMILY RESIDENTIAL DISTRICT, 6 UNITS/ACRE), FOR LAND CONSISTING OF 4.56 ACRES, MORE OR LESS; LOCATED SOUTH AND EAST OF SPIRIT OF SEBASTIAN PUD, WEST OF OLD DME HWY AND FEC RIGHT OF WAY, AND NORTH OF MULTIPLE FAMILY RESIDENTIAL DEVELOPMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Herb Green, Authorized Agent, has filed a petition for amendment to the Zoning Ordinance; and WHEREAS, the City Council has provided notice of the proposed zoning change and conducted a public hearing to receive citizen input; and WHEREAS, the City Council of the City of Sebastian, Florida, has considered the criteria identified in the Land Development Code together with the recommended findings and recommendations of its staff and Planning and Zoning Commission; and WHEREAS, the City Council has made the following findings: A. The proposed use is compatible with adjacent land uses. B. The proposed use is consistent with the goals, objectives and other elements of the Comprehensive Land Use Plan. C. The proposed use is in conformity with the substantive requirements of the City of Sebastian Code of Ordinances, particularly the Land Development Code. D. Adequate public facilities and services exist in the City to serve the proposed use and the demand for such use will not exceed the capacity for such services and facilities. E. The proposed change in use will not result in any adverse impacts on the natural environment. F. The proposed use will not adversely affect the property values in the area, or the general health, safety and welfare of the City or have an adverse impact on the financial resources of the City. G. The proposed use will result in an orderly and local development pattern. H. The proposed use is not in conflict with the public interest of the citizens of the City of Sebastian. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. PROPERTY. The change in zoning classification created by the adoption of this ordinance shall affect the following described real property, now lying and being within the incorporated area of the City of Sebastian, Indian River County, Florida: 208 of 329 See attached Exhibit "A " Property Warranty and Survey Section 2. REZONING. The real property described in the attached Exhibit "A" is hereby given a City zoning designation of Commercial General (CG). Section 3. ZONING MAP. The official City Zoning Map shall be amended to include the real property described in the attached Exhibit "A" and reflect its designated zoning district as Commercial General (CG) in accordance with the requirements of Florida law. See attached Exhibit "B"Zoning Map Section 4. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5. SEVERABILITY. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provisions. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect. Section 7. EFFECTIVE DATE. This Ordinance shall take effect 31 days after its adoption in concurrence with Ordinance 0-22-15. Section 8. ADOPTIVE SCHEDULE. That this Ordinance was passed on the first reading at a regular meeting of the City Council on the 21 st day of November, 2022 and adopted on second/final reading at a regular meeting of the City Council on the 14th day of December, 2022. PASSAGE UPON FIRST READING The foregoing Ordinance was moved for passage upon first reading this 21" day of November, 2022, by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Council Member Council Member Fred Jones Council Member Christopher Nunn Council Member Bob McPartlan The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 2022. 209 of 329 ATTEST: Jeanette Williams, MMC City Clerk ADOPTION CITY OF SEBASTIAN, FLORIDA , Mayor Approved as to form and legality for Reliance by the City of Sebastian only: Manny Anon, Jr., City Attorney The foregoing Ordinance was moved for adoption by Council Member . The motion was seconded by Council Member and, upon being put to a vote, the vote was as follows: Mayor Council Member Council Member Fred Jones Council Member Christopher Nunn Council Member Bob McPartlan The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 2022. ATTEST: Jeanette Williams, MMC City Clerk CITY OF SEBASTIAN, FLORIDA M , Mayor Approved as to form and legality for Reliance by the City of Sebastian only: Manny Anon, Jr., City Attorney 210 of 329 3120210040981 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3430 PG: 1087, 6/7/2021 10:55 AM D DOCTAX PD S2660A Return to: Name: Professional Title of The Ta:asure Coast, Iec. Address: 1546 US Highway 1 Sebastian, FL 32958 This htspumaat prepared by: Thomas Rich Professional Tittle of The Treasure Coast, lea 1546 US Highway 1 Sebastian, FL 3295S M No.: 2021-53789 EXHIBIT A PROPERTY WARRANTY AND SURVEY WARRANTY DEED Q This Warranty Deed Made this _ q day of ma by Jessica Jcmec alk/a d Q Jessica Bryant hereinafter called the grantor, whose post offs a address is: bo 2=026 �toiT1 t-, ntY1 2d ) �I 33 �503 to: Leabridgc htvestments, LLC, a Florida Limited Liability Company whose post office address is: Fl 3g58' heref efler called the grantee. WITNBSSETH: Mint Wd grantor, for and in consideration of the sum of Ten Dollars, and other variable considerations, mocipt whereof is hereby acknowledged, hereby gents, bargains, sells, aliens. remises, releases, conveys and confirms unto the grantee, all that certain land shunted in Indian River County, Florida, viz: All that part of the following described land lying West of the F.E.C. Railway Right -of -Way: Beginning at P.P. Lawson's Northeast corner and run West on his line go rods; thence run North 20 rods; thence ran East 80 roods; theaoe rut South 20 rods to point of beginning and being part of the SE 1/4 ofthe NE 1/4 of Section 7, Township 31 South, Range 39 East-, sittmted in Indian River County, Florida; said land also being described as: The North 12 of the South 12 of the Southeast 1/4 of the Northeast 1/4 of Section 7, Township 31 South, Range 39 East. This property is not the homestead of the Grantor (s)_ TOGETHER with all the tenements, hercd€tamaram and appurtenances thereto belonging or in anywise appertaining. To Have mad to Hold, the same In fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfu0y seized of sol d land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the sa m against the lawful claims of all persons whomsoever; and that said land is free of all ..;.... — —, except taxes accruing subsequent to 12/312020, reservatk ss, n stricdons and eascmcrats of nocord, if any. (The tens "grantor" and "grantee" herein shall be construed to include all genders and singular or plural as the context indicates) IN WITNESS WHEREOF, Grantor has hereunto set grantor's hand and seal the day and year first above written - Signed, Sealed and Dcliversd in Our Presence: Witness ltwz�d S f State ofFlorlda County of Indian River ssi Jemec Trio faregging Inslaurreq was acknowledged before we by means of & physical presence or (_ J online notarization, this day of 9A� 11 by Jessica ]enact who M is personally known or U has produced a driver's license as 1 tification. � \ rs�an� �1 raocPubuc wa or rno<taa o Name:.. €c roAtra%alan I t;ti 29 a nab err Ay raaam. Erptrnlan t!. itp3 ommisslon Expires: a 1 23 nandad maaP+xa WW Notary Ran. RE: 2021-53789 Page 1 of 1 211 of 329 an 0 5 BASTLA y, HOME OF PELICAN ISLAND Community Development Department Rezoning Amendment PZ Commission September 15, 2022 Item 7.A. P&Z Quasi -Judicial Hearinq — Recommendation to City Council Land Development Code Rezoning Amendment for a specific site Man Caves @ Sebastian 1. Project Name: Man Caves @ Sebastian, 11355 Old Dixie Highway 2. Project Applicant: Herb Green (Authorized Agent) 117 E. Monument Ave Kissimmee, FL 34741 3. Requested Action: Request is for a change from County RM-6 (Multiple Family Residential 6 units/acre) to City CG (Commercial General) (Attachment A as part of ITEM 6.A) 3. Project Location: Section 7, Township 31 South, Range 39 East Subject Parcel is 4.56 Acres, More or Less Parcel # 31390700000100000011.0 Legals: See Deed and Survey (Exhibit 1) 4. Project Description The subject property consists of 4.56 acres, more or less, located south and east of Spirit of Sebastian PUD, and west of Old Dixie Hwy and FEC ROW. Existing residential and vacant residential PUD zoning surround the property to the north, west and south. However, the parcel immediately north of this property, as part of the conceptual PUD plan, presents the use to be commercial or common area for the community. The property contains one residential house but is otherwise vacant. The subject property is located within an enclave of unincorporated Indian River County, surrounded on two sides and contiguous to the existing corporate limits and boundaries of the City of Sebastian. The proposed development is within the service boundary for municipal services and has provided statements addressing available infrastructure (Attachment A). Current land use and zoning in the County is L-2 (Low Density Residential) and RM-6 (Multiple Family Residential, 6 units/acre). Application has been made to amend both the land use and zoning to be compatible with the City of Sebastian long range plans simultaneously with the annexation of property. The properties zoning amendment proposal is for CG (Commercial General) which is compatible with the existing adjacent PUD immediately to the north, commercial uses east of the FEC ROW and industrial zoning along Old Dixie HWY corridor. The applicant has submitted a conceptual site plan for a mini -storage proposed use however, this use is a conditional use in accordance with the CG zoning and will require specific criteria for approval. 215 of 329 5. Site Data a. Site Characteristics 1) Total Acreaae: (2) Current Land Use(s) (3) Current Zonina.: b. Adiacent Properties 4.56 acres County L-2 (Low Density Residential) County RM-6 (Multiple Family Residential, 6 units/acre) Zonin-q Existina Use Future Land Use North (City) PUD-R CommercialNacant CG East: ROW ROW ROW West: (City) PUD-R ResidentialNacant Low Density Residential South: (County) RMH-6 Residential/MH Park L-2 6. Comprehensive Plan Consistencv a. Chanaed Conditions: The proposed change of zoning to a higher intensity of use, commercial, is consistent with the current zoning along the corridor. Existing residential development adjacent to the property may be served by the commercial/industrial uses which are appropriate as this corridor continues to develop as a service area for the community. This designation will provide suitable uses for potential future developments. b. Land Use Compatibility: The CG (Commercial General District Sec 54-2-5.3.3) zoning is established to implement policies and performance standards for general commercial uses which are compatible with the City of Sebastian current and future zoning along this corridor. c. Conformance with Ordinances: The proposal is in conformance with applicable substantive requirements of the Code of Ordinances and Land Development Code, and no changes to these ordinances are required at this time due to this request. d. Adeauate Public Facilities: Public facilities requirements for this proposed rezoning have been provided in Attachment A. The property has provided assurance of the availability of sufficient public access and public facilities. The property is within the current service boundary for water/sewer and public safety. Additional ROW may be required for Old Dixie Hwy at time of site plan development. e. Natural Environment: An environmental assessment of the subject property will be required as part of site plan development application. All natural resource protection measures, including tree protection, wetlands, and listed species, will be required as part of the permitting and development process. f. Economic Effect: The property contains a vacant single family house and no current active existing uses. The Old Dixie Hwy has developed as a commercial/industrial corridor due to its location on a regional thoroughfare (CR 512) and the FEC railroad. The adjacent residential development, Spirit of Sebastian, will be serviced by the commercial uses provided along the corridor. The corridor will require additional ROW to reach the appropriate LOS for these uses and this will be requested as part of the site plan development. Additional road R/W is essential to provide access to CR 512 and provide alternative safety routes to residents within 2 216 of 329 the neighborhoods during evacuations and other emergency actions. In addition, the development will bring sewer and water further south into this part of the City. These infrastructure improvements provide a higher value to future residential or commercial development, which support the tax base within the City. g. Orderly Development: The proposed rezoning is consistent with the Land Development Code and Code of Ordinances. h. Public Interest: The proposed rezoning does not appear to be in conflict with the public interest and is in harmony with the purpose and intent of the City of Sebastian Comprehensive Plan 2040 and Land Development Code. 7. Conclusion: The requested rezoning from County RM-6 to City CG is consistent with the Zoning Map and staff supports a recommendation of approval to the City Council from the PZ Commission. Lisa L. Frazier. AICP PREPARED BY 3 9/15/2022 DATE 217 of 329 k-n Of SEBAST�t HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ■ www.cilyofsebastian.org Comp Plan Land Use Amendment Comp Plan Text Amendment (Large Scale) Land Development Code Text Amendment Comp Plan Land Use Amendment x Rezoning (Small Scale) Annexation Project Name: Man Caves @ Sebastian Total Site Area: AcreslSF 4.56 Acres Parcel I D: 31390700000100000011.0 Existing Address Of Site: 11355 Old Dixie Hwy Sebastian, FL 32958 Proposed Address of Site: 11355 Old Dixie Hwy Sebastian, FL 32958 Proposed Use: Self StoragelMan caves Land Use: CG zoning: CG (Condfhonal Use in GG zoning) Contact Nanle: Herb Green (Authorized Agent) Address: 11-1 E. Monument Ave Kissimmee. FL 34741 Telephone: ao7-7a..1979 EmaiL hgreen@cadjazz.com Applicant (If not owner, written authorization (notarized) from owner is required) Owner: Leabridge Investments LLC Address: 11355 Old Dixie Hwy Sebastian, FL 32958 Telephone: 407-744-4496 Date Received: Email: paulrowecivil@aol.com Fee Paid: Received by: _ FORM B 218 of 329 Surveyor: Know It Now, Inc. -- Address:6220 US Hwy 1, #104 Vero Beach, FL 32967 Telephone: 888-396-7770 Email: www.kinsurvey.corn Engineer: Herb Green, Cadjazz Engineering Address:117 E. Monument Ave Kissimmee, FL 34741 Telephone: 407-738-1979 Email: hgreen@cadjazz.com Pre — Application Meeting Date: � March 28, 2022leknAw a meeting with Lisa Frazier DESCRIPTION OF PROPOSED PROJECT: self storage/man caves SIGNATURE OF APPLICANT I hereby certify that I have read and examined this application and know the same to be true and correct. All provisions of laws and ordinances governing this type of wo r LI"I be complied with, whether specified herein or not. The granting of approval does not presume to give ar e or cel the provisions of any other state or local law regulating construction or the perform co Herb Green //�Print name Sign`a-f D e (� 2 Notarv•• STATE OF: COUNTY:f I her bye� certify that on �� K1_ -1 20� personall appeared 7<97 tJ &/ZGEA/ who is personally known to me or has produced I identification. Type of identification produced- G �L- [SEAL] Notary Public /I �to�sa,�d=� "a My Commission Expires: n / f d 3 IZ 0 ezazrf ,wmaa Fw azvaez ao 1101�`� 7--- —7 Aelpe8 aueyy asob -& ePuol� ►o QL>•1S a1Ignd /'eSoN '�fr►f0 gar Notary Public State of Flcnda Rose Marie Bartiett My Common GG 2sao20 FORM B of E,pres 01/03/2023 219 of 329 COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32758 TELEPHONE (772) 589-5518 ■ www.dtvotsebastian.orq APPLICATION FEES: $2,000 Comp Plan Land Use Map $2,000 Corp Plan Text Amendment Amendment (Large Scale) $1,500 Land Development Code Text $1,500 Comp Plan Land Use Map Amendment Amendment (Small Scale) $1,250 Rezoning $1,000 Annexation "APPLICATION FEE IS NON-REFUNDABLE UPON PAYMENT TO THE CITY** DOCUMENTS ,SUBMITTED FOR APPLICATION REVIEW: Summary Report: addressing review considerations in accordance with 54-1-2.7 Land Development Code and 54-1-2.9 Land Development Code where applicable; or, objective 1-2.4 of Comprehensive Plan 2040 of all annexations. Location Map Two (2) Boundary and Topographic Surveys Warranty Deed for all owners and/or Notarized Letter of Authorization Future Land Use Map: Current and Proposed Zoning Map: Current and Proposed Traffic Impact Analysis Statement Electronic Copy - Complete Submittal Stormwater Calculations ADDITIONAL FEES Should the review process be delayed by the applicant for longer than 6 months, re -submittal will be required consistent with current regulations and fees. The applicant/owner shall have 1 year from (lie approval date to commence construction of all or any phase. If the site plan expires, the applicant/owner must re -apply for a new review with applicable fees. An extension may be requested for additional fees. FORM B 220 of 329 Im Lf SEAT," HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: November 21, 2022 Agenda Item Title: ORDINANCE 0-22-06 WHICH PROPOSES TO AMEND LAND DEVELOPMENT CODE ARTICLE V BY ADDING ZONING DISTRICT REGULATIONS FOR RM-10 RELATING TO MEDIUM DENSITY MULTIPLE FAMILY RESIDENTIAL USES; AMENDING LAND DEVELOPMENT CODE ARTICLE VI BY AMENDING CONDITIONAL USE CRITERIA RELATING TO RM-10 MEDIUM DENSITY MULTIPLE FAMILY RESIDENTIAL USES; AMENDING ARTICLE XV PARKING REQUIREMENTS RELATING TO MEDIUM DENSITY MULTIPLE FAMILY RESIDENTIAL USES; AND TO PROVIDE FOR SEVERABILITY, CONFLICTS, CODIFICATION, SCRIVENER'S ERRORS, AND AN EFFECTIVE DATE. Recommendation: Approve Ordinance 0-22-06 at public hearing for second reading. Background: In accordance with Florida Statutes 163.3202(1), each municipality shall adopt or amend and enforce land development regulations that are consistent with and implement their adopted comprehensive plan. Staff has summarized, reviewed and confirmed necessary modification or additions within the Land Development Code (LDC) required to bring the LDC into compliance with the Comprehensive Plan 2040. The following provides the Policy statement that corresponds to the proposed amendments. Land Use Element Policy 1-1.2.3: Medium Density Residential Development (MDR) Areas designated as Medium Density shall accommodate a mixture of single-family (detached and attached) residential housing, multi -family residential housing, and compatible civic uses and open space(s) at a maximum density of ten (10) dwelling units per acre and up to twelve (12) dwelling units per acre with the use of TDRs or incentives. TDRs and incentives shall be outlined in the LDC and may include but are not limited to projects that incorporate regional stormwater pond(s), attainable and workforce housing, shared parking structures(s), bike/pedestrian connectivity, and quality of public open space. Policy 3-1.4.1: Mix of Housing. The City shall promote livability by ensuring the City's LDC and review processes promote a diverse mix of housing stock that is well -integrated with the City's mobility network and accessible to services and amenities. The Planning and Zoning Commission reviewed Ordinance 0-22-06 on August 11, 2022 and unanimously approved the draft ordinance with the recommendation of changes shown for City Councils review. If Agenda Item Renuires Exnenditure of Funds: Budgeted Amount: NIA Total Cost: No cost for this agenda item is anticipated. Funds to Be Utilized for Appropriation: NIA 221 of 329 Attachments: 1. Ordinance 0-22-06 Administrative Service City Attorney Review: i Procurement Division City Manager Authorization: Date: y/j 2 if applic e: 222 of 329 ORDINANCE NO. 0-22-06 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT CODE BY ADDING SECTION 54-2-5.2.4A NEW ZONING DISTRICT REGULATIONS FOR RM-10 RELATING TO MEDIUM DENSITY MULTIPLE FAMILY RESIDENTIAL USES; AMENDING LAND DEVELOPMENT CODE SECTION 54-2-6.4 BY AMENDING CONDITIONAL USE CRITERIA RELATING TO RM-10 MEDIUM DENSITY MULTIPLE FAMILY RESIDENTIAL USES; AMENDING SECTION 54-3-15.2 PARKING REQUIREMENTS RELATING TO MEDIUM DENSITY MULTIPLE FAMILY RESIDENTIAL USES; PROVIDING FOR SEVERABILITY AND REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council approved updates to the Comprehensive Plan 2040 in 2021; and WHEREAS, in accordance with Florida Statutes 163.3202{1}, each municipality shall adopt or amend and enforce land development regulations that are consistent with and implement their adopted comprehensive plan; and WHEREAS, the City Council finds it is in the public interest to modify and update certain provisions of the code relating to new zoning districts relating to new land uses; and WHEREAS, the Local Planning Agency held a public hearing on August 11, 2022, and made a recommendation to City Council to approve Ordinance 0-22-06. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That the Code of Ordinances and the Land Development Code, City of Sebastian, Florida, is hereby amended as follows: Amendment 1: Sec. 54-2-5.2.4A. Medium Densitv Multiple -Family Residential District (RM-10). (a) Intent: The RM-10 District is established to implement comprehensive plan policies for managing primarily duplex and multiple -family developments on land designated as medium densitv residential development. The intent of the standards within this Section is to encourage diverse housing options and housing types. f b! Uses permitted: Single-family dwellings Duplex dwellings Multifamilv dwellings, including sinsle-familv For rent Foster care/group homes with <_ 5 residents Home occupations Townhouse development COS 9/13/2022 223 of 329 Accessory residential uses including office or retail space (c) Conditional uses: Foster care/prouo homes with > 6 residents Child care services Cultural or civic facilities Schools, public or private Golf courses and support facilities Bed and breakfast Nursing homes Churches Utilities, public and private Parks and recreation, public Protective and emerp.encv services, public Qualified affordable housing Model homes Accessory uses to conditional uses including office or retail space (d) Dimensional reclulotions: RESIDENTiA. DETACHED ATTACHED LOT AREA {MIN) 4,500 SF 1,875 SF LOT DEPTH (MIN) 100 FT 75 FT LOT WIDTH (MIN) 45 FT 25 FT BUILDING COVERAGE 45% 60% MAX IMPERVIOUS SURFACE 60% 70% MAX 1 OPEN SPACE (MIN) 30% 30% BASE DENSITY (MAX) 10 DU/AC 10 DU/AC BONUS DENSITY (MAX 12 DU/AC 12 DU/AC via Incentives) FRONT (MIN) 251 FT 251 FT REAR (MIN). 20 FT SIDE (MIN) (interior) 52 FT (1 storv)/ 10 FT (2 star BUILDING HEIGHT 35 FT 35 FT MAX Minimum livinp- area: Single-familv dwellings: The minimum floor area required for a detached single-family dwelling., exclusive of porches, terraces, attached Qarages, carports or other unenclosed areas, shall be 900 square feet. Duolex dwellings: 700 square feet per unit. Multiple-familv dwellings: COS 9/13/2022 224 of 329 REQUIRED MINIMUM LIVING AREA IN MULTIPLE -FAMILY DWELLINGS Type Dwelling/# Bedrooms Efficiencies/Tiny Home One bedroom units Two bedroom units Three bedroom units Each additional bedroom after three bedrooms Maximum Unit Size (e) Density Calculations. Required # of Square Feet 500 600 750 900 100 SF per Additional bedroom 1400 Single-familv dwellings: For the ourpose of density calculations each Single-familv dwelling unit counts for one (1). dwelling unit. Multiple -family dwellings: For the ourpose of densitv calculations dwelling units within a multiple -family development or a duplex that have a habitable space less than or equal to 600 souare feet shall be calculated as 0.5 (half) dwelling unit. (f) Parking. Parking shall be provided consistent with Section-54-3-15.2 and may be provided via off-street parking, garage and or surface parking. (a) Special Regulations: (1) Access. All dwelling units shall have access to a public street either directly or indirectiv via an approach, private road, or other area dedicated to public or orivate use or common easement guaranteeing access. The citv shall be allowed access on privately owned roads. easements, and common open soace to ensure police and fire protection of the area meet emergencv needs, conduct city services and generally ensure the health and safety of the residents of the development. (2) Unified control. Title to all land within a proposed site shall be owned or controlled by the developer/owner submitting the auDlications for the development. For Purooses of this section, the term "controlled bv" shall mean that the develooer shall have the written consent of all owners of the property within the proposed site not owned by the developer. The consent shall contain a notarized statement that the developer is authorized to represent the owners in the submission of an application under the provisions of this section and that the owners shall agree to be bound by the decision of the city council if the apolication is approved. {3} Development standards. The minimum construction requirements for streets or roads, sidewalks. utilities, and drainage shall be in compliance with city standards. (4) Common open space. All privately owned common open space shall conform to its intended use and remain as expressed in the final development plan through the inclusion in all deeds of appropriate restrictions to ensure that the common open space is permanently preserved according to the final development plan. Such deed COS 9/13/2022 225 of 329 restrictions shall run with the land and for the benefit of Present as well as Future oroPerty owners and shall contain a Prohibition aeainst Partition. All common open space, as well as Public and recreational facilities, shall be specifically included in the development schedule and be constructed and fullv improved by the develooer at an eouivalent or ereater rate than the construction of residential structures, The develooer shall establish an association or nonprofit corporation of all individuals or corporations ownine Properties within the development to ensure maintenance of all common open space. The association or nonprofit corporation shall conform to the followine reouirements: 1. The developer shall establish the association or nonprofit corporation prior to sale of anv lots. Control of all common open space and recreation facilities shall be Passed to the association upon sale or transfer of 90 Percent or more of the residential units. Membership in the association or nonprofit corporation shall be mandatory for all residential Property owners within the development, and such association or corporation shall not discriminate in its members or shareholders. The association or nonprofit corporation shall manage all common ooen soace and recreational and cultural facilities, that are not dedicated to the Public: shall orovide for the maintenance, administration and operation of such land and anv other land within the development not oublicly or Privatelv owned: and shall secure adequate liabilitv insurance on the land. The title to all residential orooerty owners shall include an undivided fee simple estate in all common open space or an unrestricted easement for the use and eniovment of the common open soace. Amendment 2: Sec. 54-2-6.4. Specific criteria for approving a conditional use. In addition to satisfaction of the general provisions cited above, a conditional use shall be permitted only upon a finding that the proposed conditional use complies with the requirements for the respective conditional use as specified below: (5) Bed and breakfast facilities: Applicable zoning districts: Bed and breakfast facilities shall be permitted as a conditional use within the following zoning districts: RM-8, RM-10 and CWR. Conditional use criteria: Bed and breakfast facilities shall only be located on property lying on or east of U.S. 1. No required parking facilities shall be located east of Indian River Drive. All side and rear yards abutting or adjacent to residential districts or uses shall be screened in accordance with the standards established in section 54-3-14.16. (7) Child care services: Applicable zoning districts: Child care services shall be permitted as a conditional use within the following zoning districts: RE-40, RS-20, RS-10, RM-8, RM-10, C-512, CL, CG, CR, and PS. Conditional use criteria. Child care services will be allowed provided the following conditions are met: The site shall be located on a paved public road with sufficient width to accommodate pedestrian and vehicular traffic generated by the use. A facility located within the RS-10 district shall be located on a major collector street or larger as designated on the city's adopted thoroughfare map. A facility COS 9/13/2022 226 of 329 located in any other zoning district shall be located near a major collector street so as to discourage traffic along residential streets in the immediate area. 2. One accessory off-street parking space shall be provided for each five children accommodated in the child care facility. 3. No such facility shall be permitted on a lot unless it contains a minimum of 10,000 square feet. 4. Special passenger loading and unloading facilities shall be provided on the same lot for vehicles to pick up or deliver clientele. Such facilities shall include driveways that do not require any backup movements by vehicles to enter or exit the premises. 5. All regulations of the State of Florida as amended hereafter that pertain to the use shall be satisfied. 6. A fenced area of usable outdoor recreation area of not less than 45 square feet per child (based on the maximum capacity of the child care facility as determined by the applicable Florida laws) shall be provided and such area shall be delineated on the site plan submitted at the time the application is fled. For purposes of this provision, the term "usable outdoor recreation area" shall be limited to the following: (a) That area not covered by building or required off-street parking spaces, which is fenced and screened from adjacent property boundaries. (b) No portion of the front yard. (c) Only that area which can be developed for active outdoor recreational purposes. (d) An area which occupies no more than 80% of the combined total areas of the rear and side yards. (e) No usable outdoor recreational area shall be utilized within any dedicated easement. Screening: All side and rear yards shall be screened in accordance with the standards established in section 54-3-14.16 of this ordinance. (8) Churches: a. Applicable zoning districts. Churches, synagogues and other places of worship shall be permitted as a conditional use within the following zoning districts: RE-40, RS-20, RS-10, RM-8, RM-10, CR, and PS. Conditional use criteria. Churches, synagogues and other places of worship will be allowed provided the following conditions are met: 1. A minimum lot area of 20,000 square feet shall be required. 2. A minimum lot width of 100 feet shall be required. 3. The maximum lot coverage by all impervious surfaces shall not exceed 60% of the lot area. 4. No building or structure shall be located closer than 30 feet to any property line abutting a residential use or district. 5. Access shall be from a major thoroughfare or as otherwise approved by the city engineer. 6. Any accessory residential use or school upon the premises shall provide such additional lot area as required for such use by this section and shall further be subject to all conditions set forth for such uses by this section. Accessory residential uses may include convents, monasteries, rectories or parsonages. 7. Screening: All side and rear yards abutting residential districts or uses shall be screened in accordance with the standards established in section 54-3-14.16 of this ordinance. COS 9/13/2022 227 of 329 (15) Cultural or Civic facilities: a. Applicable zoning districts. Cultural or civic facilities shall be permitted as a conditional use within the following zoning districts: RM-8, RM-10,_-and PS. Conditional use criteria. Cultural or civic facilities including public or private facilities, offices or services, and which may include civic or community centers, theaters predominantly used for live performances, libraries, museums and similar uses, will be allowed provided the following conditions are met: 1. No building shall be located closer than 50 feet to any lot line which abuts a residential district. 2. No off-street parking or loading space shall be located closer than 15 feet to any property line abutting a residential district. 3. Screening: All side and rear yards abutting residential districts or uses shall be screened in accordance with the standards established in section 54-3-14.16 of this chapter. 4. The proposed site shall be located on a major collector street or an arterial street, and shall have direct access from the site onto the collector street or the arterial street as designated on the city's thoroughfare map. 1. All sales activity and storage shall be in an enclosed structure. 2. No structure shall be located within 50 feet to any lot line abutting a residential district. 3. No off-street parking or loading area shall be located within 15 feet to any property line abutting a residential district. (20) Foster care/group homes with > 6 residents: Applicable zoning districts. Foster care/group homes with > 6 residents shall be permitted as a conditional use in the following zoning districts: RE-40, RS-20, RS-10, RM-8, RM-10 and CWR. Conditional use criteria. Foster care/group homes with > 6 residents, including supportive staff as defined in section 419.001, F.S., will be allowed provided the following conditions are met: 1. Does not otherwise conform to existing zoning regulations applicable to other multifamily uses in the city. 2. Does not meet applicable licensing criteria established and determined by the State including requirements that the home be located and designed to ensure the safe care and supervision of all clients in the home. 3. Would result in excessive concentration of community residential homes. A home that is located within a radius of 1,200 feet of another existing community residential home in a multifamily zone shall be an over concentration of such homes that substantially alters the nature and character of the area. A home that is located within a radius of 500 feet of an area of single-family zoning substantially alters the nature and character of the area. 4. The sites shall also be free of safety hazards, and all structures shall comply with city ordinances and applicable state laws including applicable state licensing and program requirements. ***.*. (23) Golf courses and support facilities: Applicable zoning districts. Golf courses and support facilities shall be permitted as a conditional use within the following zoning districts: RE-40, RS-20, RM-8, RM-10 and PS. b. Conditional use criteria. Golf courses and support facilities will be allowed provided the following conditions are met: COS 9/13/2022 228 of 329 1. Golf courses and accessory facilities shall not include freestanding commercial miniature golf courses and/or driving ranges. The minimum site comprising the course shall be 110 acres of land. 2. No major accessory use or principal building or structure shall be located closer than 300 feet to any lot line which abuts a residential district. 3. Golf courses shall, to the most reasonable extent, retain and preserve native vegetation over at least 30% of the total upland area of the course due to their characteristically high water demand and heavy nutrient loads. 4. The lighting of golf courses shall be designed so that lighting is shielded and directed away from residential areas. 5. Screening: Accessory facilities adjacent to residential districts or uses shall meet the screening requirements established in section 54-3-14.16 of this ordinance. (29) Model homes: a. Applicable zoning districts. Model homes shall be permitted as a conditional use within the following zoning districts: RE-40, RS-20, RS-10, RM-8, RM-10, RMH, CWR, and approved residential uses in a PIID. Conditional use criteria. Model homes will be allowed providing the following conditions are met: 1. Model homes shall be regulated through the issuance of a model home permit. The permit shall be issued for a period not to exceed one year. The planning and zoning commission may renew said permit upon application, provided that the model home has been constructed and operated in accordance with this Code. 2. A permit holder may not use the model home as his or her principal place of business. The model home shall be used for display purposes only, and not as a contractor's office, real estate office, or annex thereof. However, price quotations may be given and binders may be executed on the premises. 3. The model home shall meet all district requirements for lot and yard dimensions. 4. No construction materials or construction equipment may be stored in the model, on the site, or on adjoining sites. 5. Business activity may be conducted at the model home only between the hours of 9:00 a.m. and 6:00 p.m., seven days per week; and not more than two permanent employees (in addition to the owner thereof) shall be authorized to remain in the model during the business day. 6. Model homes with a valid conditional use permit may have one sign not to exceed six square feet and shall not be higher than six feet. Such signs may be illuminated and shall conform with the city sign ordinance. 7. Model homes may be illuminated, but only for security purposes and shall not cause a glare or infringe on neighboring properties or impede traffic. 8. At least five parking spaces shall be provided on the same lot as the model, or on a contiguous lot, owned by the contractor or developer, or in the street right-of-way immediately in front of said model, and shall be maintained so long as the model home is used as such, as follows: (a) A plan for all parking facilities shall be submitted to the city engineer and approved by the city engineer prior to the issuance of a permit. (b) Any parking area which is located on a corner lot shall be designed so as not to obstruct the view of approaching traffic. COS 9/13/2022 229 of 329 (c) Ingress and egress to the parking area shall be a minimum of 30 feet distant from any corner and also a minimum distance of ten feet from an interior property line. Where a violation of these restrictions on the use of model homes is determined to exist by the code enforcement board pursuant to the procedures set forth in division 2 or article VI of chapter 2 of the Code of Ordinances, the certificate authorizing such model home use shall be revoked and no such certificate shall be reissued for a period of one year following the date of the entry of the order of the code enforcement board finding the existence of such violation. 10. With respect to model homes in either the RMH or PUD (MH) zoning districts, conditions stated in subparagraphs (4) and (9), above, may be waived only for mobile home models (removable) when more than two such models are to be placed in a cluster as part of a sales center. (30) Nursing homes (including rest homes or convolescent homes): Applicable zoning districts. Nursing homes shall be permitted as a conditional use within the following zoning districts: RM-8, RM-10, C-512, CL, CG, and CR. b. Conditional use criteria. Nursing homes will be allowed provided the following conditions are met: 1. No building or structure shall be located closer than 30 feet to any lot line which abuts a residential district. 2. No off-street parking shall be located closer than 15 feet to any lot line which abuts a residential district. 3. Adequate provisions shall be made for service vehicles with access to the building at a side or rear entrance. 4. Screening: All side and rear yards shall be screened in accordance with the standards established in section 54-3-14.16 of this chapter. 5. Building design shall incorporate provisions for safety which mandate rear and front doors for emergency evacuation and require a safe and convenient design of internal systems for the transport of patients within these facilities. Sprinkler systems approved by the building official shall be required. (32) Parks and recreation, public: a. Applicable zoning districts. Public parks and recreation areas shall be permitted as a conditional use within all zoning districts: RE-40, RS-20, RS-10, RM-8, RM-10,R-MH, C-512, CL, CG, CR, CWR, IN, Al. Conditional use criteria. Public parks and recreation areas, including parks, playgrounds, piers, docks and boat launching areas that are publicly owned and used for recreational purposes by the general public, will be allowed provided the following conditions are met: 1. No building or structure shall be located closer than 30 feet to any property line abutting a residential district. 2. No off-street parking or loading areas shall be located closer than 15 feet to any property line abutting a residential district. 3. Any recreational use equipped with lighting to allow the use of the facility after sunset or any facility such as a stadium which attracts large groups of users for specific events shall be allowed only as a special exception. 4. Screening: All side and rear yards abutting residential districts or uses shall be screened in accordance with the standards established in section 54-3-14.16. COS 9/13/2022 230 of 329 (36) Protective and emergency services: a. Applicable zoning districts. Public protective services shall be permitted as a conditional use within all zoning districts. Conditional use criteria. Public protective services such as police, fire, rescue and ambulance facilities will be allowed provided the following conditions are met: 1. All public protective services shall provide ingress and egress on to and off of a major thoroughfare. 2. No building or structure shall be located closer than 30 feet from any side or rear property line abutting a residential district. 3. No off-street parking or loading area shall be located closer than 30 feet from any side or rear property line abutting a residential district. 4. Screening: All side and rear yards abutting residential districts or uses shall be screened in accordance with the standards established in section 54-3-14.16. (36A) Qualified affordable housing: Applicable zoning districts. Qualified affordable housing shall be permitted as a conditional use within the RM-10 and CL District. b. Conditional use criteria: 1. To qualify for this conditional use, a project must participate in and comply with a state or federally sponsored affordable housing initiative. 2. Maximum density shall be 12 residential units per acre. 3. The minimum living area standards of the RM-910 zoning district shall apply. (39) Schools, public and private: Applicable zoning districts. Public and private schools shall be a conditional use within the following zoning districts: RE-40, RS-20, RS-10, RM-8, RM-10, PUD(C) and PS. b. Conditional use criteria. Public and private schools, excluding private business, technical and commercial schools, dancing and music academies, and public and private colleges and universities, will be allowed provided the following conditions are met: 1. Sites shall have access to city collector streets so as to discourage traffic along local residential streets in residential subdivisions. 2. Depending on the type of facility proposed, the minimal spatial requirements for the site shall be similar to standards utilized by the Indian River County School Board and the State of Florida. 3. No main or accessory building should be located within 100 feet of any property line. 4. The applicant shall demonstrate a program of systematic instruction reasonably conforming with customary standards for the respective forms of similar construction. S. The applicant shall submit a description of anticipated service area and projected enrollment, by stages if appropriate, and the same to a development plan explaining: (a) Area to be developed by construction phase: (b) Adequacy of site to accommodate anticipated facilities enrollment, recreation areas, off- street parking and pedestrian and vehicular circulation on -site including loading, unloading and queuing of school bus traffic; and COS 9/13/2022 231 of 329 (c) Screening: All side and rear yards shall be screened in accordance with the standards established in section 54-3-14.16. (40) Utilities, public and private: Applicable zoning districts. Public and private utilities shall be permitted as a conditional use within the following zoning districts: RE-40, RS-20, RS-10, RM-8, RM-10, R-MH, C-512, CL, CG, CR, CWR, AI, and PS. b. Conditional use criteria. Public and private utilities such as electrical substations and distribution facilities, sewage pumping facilities and water storage and pumping facilities will be allowed provided the following conditions are met: 1. Site plan proposed by a Florida registered engineer shall show the proposed utility together with an existing system of which the proposed system will be an integral part. A statement shall be submitted which explains the function of the proposed improvement and its consistency with any overall utility system plan as well as the comprehensive plan. 2. No portion of the site shall be used for outside storage of materials or equipment, or for repairing or servicing vehicles and equipment without sufficient land area and appropriate screening to buffer adverse impacts as approved by the planning and zoning commission. 3. Screening: All front, rear and side yards shall be screened in accordance with the standards established in section 54-3-14.16. Amendment 3: Sec. 54-3-15.2. - Parking spaces required by use. The following uses shall have such parking spaces as designated by this section: Use (Auto sales. Auto repair. Bar and lounges. IBowiing lanes. Business and professional r ffices (excluding medical ffices). CChild care. hurches, temples, places of orship. (Convenience stores. [Flea markets. Funeral homes. Furniture and appliance stores and furniture repair shops. Health clubs. Required Parking One space per 500 square feet of showroom and office space plus one space per 2,500 square feet of outdoor display area. _ Two spaces for each bay, grease rack or similar facility, plus one space per 400 square feet of office and/or sale area. No such bay, rack or similar facility shall be counted as a parking space for meeting the parking requirements of this article. One space for each three persons based on the maximum capacity. Pour spaces per lane plus the spaces otherwise required for accessory uses (restaurant and meeting rooms). One space for each 200 square feet of office space. One for each five children based on licensed capacity. One space for every four seats figuring maximum seating capacity. One space per 150 square feet of retail area. Three spaces per booth. One space for every three seats within the chapel(s) plus one space per 300 square feet of all other building areas. One space per 400 square feet of display area. One space per 200 square feet. I COS 9/13/2022 232 of 329 Hospitals. Two spaces for each bed intended for patients, excluding bassinets. Hotels, motels. One space for each unit plus one space for each 400 square feet of accessory meeting room(s). Kennels and animal hospitals. One space per 750 square feet. Libraries. One space for each 300 square feet of gross building area. Manufacturing and wholesale. One space for each 500 square feet of gross building area or one space for each employee of the shift of employees that employs the greatest number of employees, whichever is greater, plus one space for each vehicle operatinq from the premises. Marinas. One space for each 300 square feet of principal building; plus one parking space for each transient live -aboard vessel slip, one space for every two wet slips, and one space for every four dry slips; plus Charter and party boats shall have one parking space for every three occupants based on the maximum capacity of each such boat in accordance with the Coast Guard License issued to each such boat (This does not include "six-pack" boats"), which shall be calculated at two spaces per boat; plus Rental facilities for vessels, kayaks, canoes, rowboats, paddle boats, sailboat and sailboards of any kind, (hereinafter collectively referred to as "water transports") shall maintain one space for every water transport. Medical offices, dental offices One space for each 175 square feet. and outpatient clinics. Mini -storage. One space plus one per 3,000 square feet. Model home. Five spaces. Museums. One space for each 300 square feet of gross building area. Nursing homes and assisted 0.6 spaces per bed based on the maximum capacity of the building; plus care facilities. one space per 200 square feet of medical offices within the facility. Plant nurseries. One space per 250 square feet of indoor retail sales area plus one space per 1,000 square feet of greenhouse area plus one space per 5,000 square feet of exterior sales area. Areas of public assembly, One space for every three persons figuring maximum occupancy. theaters, auditoriums, public or private clubs or lodges. Public parks and recreation. Parks —Two spaces per acre. Athletic fields-20 spaces per field. Stadiums —One space for each four seats; one seat is equal to two feet of bench length. Golf courses —Five spaces per hole plus the spaces otherwise required for accessory uses (restaurant and meeting rooms). Swimming pools --One space per 100 square feet of pool surface area. Tennis —Two spaces per court. Residential, single-family. Two spaces for each single-family dwelling. Residential, duplex/townhome. Twe-One and one-half spaces for each dwelling unit plus one visitor space per 5 required parkinq spaces Residential, multifamily. Twa-One and one-half spaces for each dwelling unit plus one visitor space per 5 required parkinq spaces Residential, mobile home. Two One and one-half spaces for each single-family dwelling. Residential, commercial resort. One space per unit. Residential, mobile home parks Two spaces per unit; one must be at lot site. COS 9/13/2022 233 of 329 (or courts. Restaurants (sit down). ne and one-half spaces for each 100 square feet of gross floor area excluding food preparation area) including outside customer service areas. Section 2. Severability. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid provision, thereby causing said remainder to remain in full force and effect. Section 3. Repeal of Laws in Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 4. Codification. The sections of the ordinance shall be codified within part of the City Land Development Code and may be renumbered or re -lettered to accomplish such, and the word "ordinance" may be changed to "section," "division," or any other appropriate word. Section 5. Scrivener's Errors. Sections of this ordinance may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected or re - codified copy of same with the City Clerk. Section 6. Effective Date. This Ordinance shall become effective immediately upon its adoption by the City Council. The foregoing Ordinance 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 Councilmember Councilmember Fred Jones Councilmember Bob McPartlan Councilmember Christopher Nunn COS 9/13/2022 234 of 329 The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 2022. ATTEST: JEANETTE WILLIAMS, MMC CITY CLERK CITY OF SEBASTIAN, FLORIDA I: , MAYOR Approved as to form and legality for reliance by the City of Sebastian only: MANNY ANON, JR., ESQ. CITY ATTORNEY COS 9/13/2022 235 of 329 CMOF HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: November 21, 2022 Agenda Item Title: Resolution R-22-32 - Final Plat — Brooks 512 Commercial Development Subdivision Recommendation: Approve Resolution R-22-32 accepting the subdivision final plat for Brooks 512 Commercial Development Background: Dr. Harold Brooks, Jr. has filed an application for final plat approval for his 2-lot commercial subdivision located on Sebastian Boulevard adjacent and west of the North County Library. The property being divided is a Tract located within the Sebastian Lakes PUD. Final platting is the last stage in subdivision development in that it creates the legal document (mylar) that will be recorded which officially establishes the new lots, identifies easements, maintenance responsibilities, and surveying information. The applicant is also recording a document that establishes general cross -easements between the two lots :For access and drainage, which the plat identifies on Sheet 1. Staff has verified that the final plat is in accordance with the preliminary plat approved by Resolution R-21-31 on November 10`h, 2021. The approval was subject to two conditions: 1) A 10- foot buffer casement had to be established along the southern property line, with a 6-foot high opaque buffer installed; and 2) All dead and sickly trees were to be removed during subdivision construction. Both conditions have been satisfied. The City Attorney has reviewed the plat dedications, and additionally, all engineering and surveying details have been satisfied in accordance with Florida Statutes, as reviewed by Mr. David Jones, P.S.M. During its review of the final plat, Indian River County Utilities determined it may need additional easement area along the southern property line for future development. Since this would require a revision to the Preliminary Plat, and additional review by City Council, the Board of County Commissioners agreed at its November 151, 2022 meeting to accept the final plat as presented with a condition that additional easements, if necessary, would be granted by a future developer before the city could issue a building permit for the proposed project. Staff agreed with the condition, and recommends approval of the Brooks final plat. If Agenda Item Reuuires Expenditure of funds: Budgeted Amount: Total Cost: NIA Funds to Be Utilized for Appropriation: Attachments: 1. Resolution R-22-32 2. Final Plat Administrative Services City Attorney Review: Procurement Division City Manager Authorization: Date: %��'� /'4a 3. Executed Declaration of Reciprocal Easements Document 4. Application lapplicable: '1"H C�0�7 236 of 329 RESOLUTION NO. R-22-32 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS BROOKS 512 COMMERCIAL DEVELOPMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVERNER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Harold L. Brooks, Jr. has filed an application for approval of the final plat for a 2-lot commercial subdivision known as Brooks 512 Commercial Development; and WHEREAS, the City has received certification from the project's civil engineer that the subdivision has been built in accordance with its approved construction drawings, and has submitted the requisite final as -built survey; and WHEREAS, the final plat complies with applicable State statutes and City regulations. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. FINAL PLAT APPROVAL. The City Council of the City of Sebastian, Florida does hereby approve the final plat for Brooks 512 Commercial Development Subdivision, prepared January 24, 2022, by William B. Zentz, PLS, with the latest revision date of June 17, 2022, and the following conditions of approval: • The Declaration of Reciprocal Easement document executed by Harold L. Brooks, Jr. on November Wh, 2022, which establishes interconnected access, utility, and drainage easements between the two lots, and provides for maintenance responsibilities, must be recorded at the same time as the final plat. • If additional utility easements are determined necessary by Indian River County for future development of a lot, the developer of the property will be required to dedicate an additional easement to Indian River County through a recorded document, reviewed and accepted by the County Attorney, before a building permit can be issued Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. SCRIVENER'S ERRORS. Sections of this resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of further action of the City Council by filing a corrected copy of same with the City Clerk. 237 of 329 Section 4. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Councilmember Kelly Dixon Councilmember Ed Dodd Councilmember Fred Jones Councilmember Bob McPartlan Councilmember Christopher Nunn The Mayor thereupon declared this Resolution duly passed and adopted this 21" day of November 2022. ATTEST: Jeanette Williams, MMC City Clerk Approved as to form and content for reliance by the City of Sebastian only: Manny Anon, Jr., City Attorney 4 CITY OF SEBASTIAN, FLORIDA By: Mayor 238 of 329 A PLAT OF BROOK`S 512 COMMERCIAL DEVELOPMENT SUBDIVISION CERTIFICATE OF TITLE A SUBDIVISION LYING IN SECTION 14, TOWNSHIP 31 SOUTH, RANGE 38 EAST, CITY OF SEBASTIAN, INDIAN STATE OF FLORIDA COUNTY OF INDIAN RIVER RIVER COUNTY, FLORIDA. BEING A REPLAT OF A PORTION OF TRACT "C", SEBASTIAN LAKES UNIT 1, AS RECORDED IN PLAT BOOK 12, PAGE 11, INDIAN RIVER COUNTY, FLORIDA PUBLIC RECORDS I, CHRISTOPHER H. MARINE, ESQ. OF GOULD COOKSEY FENNELL, PLLC, HEREBY CERTIFY THAT I HAVE EXAMINED THE TITLE OF THE HEREON DESCRIBED PROPERTY, AND I FIND THAT THE LANDS AS DESCRIBED AND SHOWN ON THIS PLAT ARE IN THE NAME OF, AND APPARENT RECORD TITLE IS HELD BY HAROLD L. BROOKS JR., AND THAT ALL TAXES HAVE BEEN PAID ON SAID PROPERTY AS REQUIRED BY SECTION 197.192. FLORIDA STATUTES AS AMENDED, AND THAT MORTGAGES, LIENS OR OTHER ENCUMBRANCES ARE AS FOLLOWS: 1) CODE ENFORCEMENT LIEN IN FAVOR OF THE CITY OF SEBASTIAN, RECORDED IN O.R. BOOK 3242, PAGE 1377. THIS SEARCH IS UP TO AND INCLUDING 2022. r6tRCHRkARINE, ESQUIRE DATE FLORIDA BAR No. 0376221 GOULD COOKSEY FENNELL, PLLC CERTIFICATE OF DEDICATION STATE OF FLORIDA, COUNTY OF INDIAN RIVER, CITY OF SEBASTIAN KNOW ALL MEN BY THESE PRESENTS, THAT HAROLD L. BROOKS JR., FEE SIMPLE OWNER OF THE LAND DESCRIBED AND PLATTED HEREIN AS BROOK'S 512 COMMERCIAL DEVELOPMENT SUBDIVISION, BEING IN THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, HAS CAUSED SAID LANDS TO BE SURVEYED AND PLATTED AS SHOWN HEREON AND DOES HEREBY DEDICATE AS FOLLOWS: i W'ki 19ti'aA&i*!J30F THE UTILITY EASEMENTS AS SHOWN ARE DEDICATED IN PERPETUITY TO INDIAN RIVER COUNTY, FLORIDA, AND THE CITY OF SEBASTIAN FOR THE CONSTRUCTION, INSTALLATION, MAINTENANCE AND OPERATION OF UTILITIES BY ANY UTILITY PROVIDER, IN COMPLIANCE WITH SUCH ORDINANCES AND REGULATIONS AS MAY BE ADOPTED FROM TIME TO TIME BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AND THE CITY OF SEBASTIAN CITY COUNCIL. THE UTILITY EASEMENTS AS SHOWN ARE ALSO EASEMENTS FOR THE CONSTRUCTION, INSTALLATION, MAINTENANCE AND OPERATION OF CABLE TELEVISION SERVICES, PROVIDED, HOWEVER, NO SUCH CONSTRUCTION, INSTALLATION, MAINTENANCE AND OPERATION OF CABLE TELEVISION SERVICES SHALL INTERFERE WITH THE FACILITIES AND SERVICES OF AN ELECTRIC, TELEPHONE, GAS OR OTHER PUBLIC UTILITY. IN THE EVENT A CABLE TELEVISION COMPANY DAMAGES THE FACILITY OF A PUBLIC UTILITY, IT SHALL BE SOLELY RESPONSIBLE FOR THE DAMAGES. SUCH CONSTRUCTION, INSTALLATION, MAINTENANCE AND OPERATION OF CABLE TELEVISION SERVICES SHALL COMPLY WITH THE NATIONAL ELECTRICAL SAFETY CODE AS ADOPTED BY THE FLORIDA PUBLIC SERVICE COMMISSION. FRONT YARD UTILITY EASEMENTS ARE SUBJECT TO THE RIGHT OF EACH LOT TO HAVE A DRIVEWAY FOR INGRESS AND EGRESS AS APPROVED BY THE CITY OF SEBASTIAN AND INDIAN RIVER COUNTY, 2. STORMWATER MANAGEMENT TRACTS TRACT 1 AS SHOWN IS HEREBY DEDICATED IN PERPETUITY TO AND SHALL BE THE PERPETUAL MAINTENANCE OBLIGATION OF LOT OWNERS OF THE SUBDIVISION AS PROVIDED IN THE DECLARATION OF RECIPROCAL EASEMENTS REFERENCED HEREIN FOR STORMWATER MANAGEMENT AND DRAINAGE PURPOSES. 3. BUFFER EASEMENT BUFFER EASEMENT AS SHOWN IS HEREBY DEDICATED IN PERPETUITY TO AND SHALL BE THE PERPETUAL MAINTENANCE OBLIGATION OF LOT OWNERS OF THE SUBDIVISION AS PROVIDED IN THE DECLARATION OF RECIPROCAL EASEMENTS REFERENCED HEREIN FOR CONSTRUC71ON AND MAINTENANCE OF APPROVED OPAQUE LANDSCAPING AND FENCE FEATURES, IN WITNESS WHEREOF, THE ABOVE NAMED INDIVIDUAL HAS CAUSED THESE PRESENTS TO BE SIGNED THIS A7Y 0 S�QIe 2022. BY:C�+� WITNESS WITNESS All HARD L BROOKS JR. PRINT NAME: L�IIp_rvHCN ___ PRINT NAME:�y ACKNOWLEDGMENT TO CERTIFICATE OF DEDICATION STATE OF FLORIDA, COUNTY OF INDIAN RIVER THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS��AY OF. H 2022, BY HAROLD BROOKS JR. HE IS PERSONALLY KNOWN TO ME. NOTARY PUBLICD,�)(�� V I-� J�OI CJF W]tT]h COMMISSION No.. s:,,'•:.. PRINT NAME 1 h)V, EXPIRATION DATE : J I �Z3 CLERK OF THE CITY OF SEBASTIAN CITY SURVEYOR SURVEYOR CIRCUIT COURT DESCRIPTION PART OF TRACT C, "SEBASTIAN LAKES UNIT 1", AS RECORDED IN PLAT BOOK 12, PAGE 11, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE SOUTHEAST CORNER OF TRACT C, AFORESAID PLAT OF SEBASTIAN LAKES UNIT 1, RUN SOUTH 89' 44' 50" WEST ALONG THE SOUTH LINE OF TRACT -C" A DISTANCE OF 10.00 FEET TO A POINT ON RIGHT OF WAY UNE PER OFFICIAL RECORDS BOOK 1018, PAGE 2826, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE CONTINUE SOUTH 89' 44' 50" WEST ALONG THE SOUTH LINE OF TRACTS "C" AND "D" A DISTANCE OF 2099.11 FEET TO THE SOUTHEASTERLY RIGHT OF WAY LINE OF COUNTY ROAD NO. 512 (FELLSMERE ROAD); THENCE NORTH 37' 43' 45" EAST ALONG SAID SOUTHEASTERLY RIGHT OF WAY LINE A DISTANCE OF 1167.78 FEET TO THE POINT OF BEGNNING OF THE HEREIN DESCRIBED PARCEL; THENCE CONTINUE NORTH 37' 43' 45" EAST ALONG SAID SOUTHEASTERLY RIGHT OF WAY LINE A DISTANCE OF 425.99 FEET TO THE SOUTHWESTERLY CORNER OF PARCEL NO. 1, "REPLAT SUBDIVISION OF TRACT C, SEBASTIAN LAKES UNIT 1" AS RECORDED IN PLAT BOOK 13, PAGE 1, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE SOUTH 58' 20' 57" EAST ALONG THE SOUTHERLY BOUNDARY OF SAID PLAT A DISTANCE OF 204.65 FEET .TO THE NORTHEASTERLY CORNER OF TRACT Al. "SEBASTIAN LAKES P.U.D. SUBDIVISION PHASE 1" AS RECORDED IN PLAT BOOK 15, PAGE 69, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE SOUTH 37' 43' 45" WEST ALONG THE NORTHWESTERLY LINE OF TRACT Al AND PARALLEL WITH AFORESAID SOUTHEASTERLY RIGHT OF WAY LINE OF COUNTY ROAD NO. 512 (FELLSMERE ROAD) A DISTANCE OF 448.24 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF SEBASTIAN LAKES DRIVE, A PRIVATE RIGHT OF WAY; THENCE NORTH 52' 06' 25" WEST ALONG SAID NORTHERLY RIGHT OF WAY LINE A DISTANCE OF 203.50 FEET TO THE POINT OF BEGINNING. CERTIFICATE OF SURVEYOR KNOW ALL MEN BY THESE PRESENTS, THAT THE UNDERSIGNED, BEING A DULY LICENSED AND REGISTERED LAND SURVEYOR, DOES HEREBY CERTIFY THAT ON OCTOBER 1, 2021 HE COMPLETED THE SURVEY OF THE LANDS AS SHOWN IN THE FOREGOING PLAT; THAT SAID PLAT WAS PREPARED UNDER HIS DIRECTION AND SUPERVISION AND THAT THE PLAT COMPLIES WITH ALL THE SURVEY REQUIREMENT'S OF PART 1, CHAPTER 177. FLORIDA STATUTES; THAT SAID PLAT IS A CORRECT REPRESENTATION OF THE LANDS THEREIN DESCRIBED AND PLATTED OR SUBDIVIDED; THAT PERMANENT REFERENCE MONUMENTS AND LOT CORNERS HAVE BEEN SET AS SHOWN THEREON AS REQUIRED BY CHAPTER 177, FLORIDA STATUTES AND ARTICLE XIX, SUBDIVISION, LAND DEVELOPMENT CODE, CITY OF SEBASTIAN; AND THAT SAID LAND IS LOCATED IN THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA. PLAT BOOK PAGE CLERK'S FILE NUMBER (CFN) CERTIFICATE OF APPROVAL AND ACCEPTANCE BY CITY COUNCIL THIS IS TO CERTIFY THAT ON OF SEBASTIAN CITY COUNCIL. MAYOR JIM HILL CITY CLERK JEANETTE WILLIAMS, MMC (ATTEST TO MAYORS SIGNATURE) THIS PLAT WAS APPROVED BY THE CITY CITY ENGINEER KAREN MILLER, PE CITY ATTORNEY MANNY ANON JR., ESQ, ACCEPTANCE OF UTILITY EASEMENTS BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THIS IS TO CERTIFY THAT ON THE UTILITY EASEMENTS WERE ACCEP D BY THE BpO�APQ OF COUNTY COMOISSIONERS OF INDIAN RIVER COUNTY, FLORIDA. BY �j� AAi,`" DATE 00V z , 2D2Z PETER D. O'BRIEN, CHAIRMAN ATTEST:_ JEFFREY R. SMITH, CLERK OF COURT AND COMPTROLLER BY: GID(�I DEPU CLERK CLERK'S CERTIFICATION STATE OF FLORIDA, COUNTY OF INDIAN RIVER I, JEFFREY R. SMITH, CLERK OF CIRCUIT COURT AND COMPTROLLER OF INDIAN RIVER COUNTY, FLORIDA, DO HEREBY CERTIFY THAT I HAVE EXAMINED THIS PLAT OF BROOK'S 512 COMMERCIAL DEVELOPMENT SUBDIVISION, AND THAT IT COMPLIES WITH ALL THE REQUIREMENTS OF CHAPTER 177 OF THE LAWS OF FLORIDA, AS AMENDED. THIS PLAT FILED FOR RECORD- THIS DAY OF 2022, AND RECORDED IN PLAT BOOK - PAGE - CLERK'S FILE NUMBER (CFN) IN THE OFFICE OF THE CLERK OF THE'CIRCUIT COURT AND COMPTROLLER OF INDIAN RIVER COUNTY, FLORIDA. JEFFREY R. SMITH, CLERK OF CIRCUIT COURT AND COMPTROLLER OF INDIAN RIVER COUNTY BY DEPUTY CLERK DATE CITY SURVEYOR'S CERTIFICATE THIS PLAT OF BROOK'S 512 COMMERCIAL DEVELOPMENT SUBDIVISION HAS BEEN REVIEWED BY THE UNDERSIGNED PROFESSIONAL SURVEYOR AND MAPPER EMPLOYED BY THE CITY OF SEBASTIAN, WHO HEREBY CERTIFIES THAT THIS PLAT CONFORMS TO THE REQUIREMtNTS OF CHAPTER 177, FLORIDA STATUTES. 1 DAVID 'M.- JONES, FLDA PROFESSIONAL DATE: LAND..SURIIEYOR, C RTIFICATE No. 3909 A NOTICES: `J 1. FLOOD HAZARD WARNING: PORTIONS OF THIS PLAT MAYBE SUBJECT TO FLOODING DURING A'100 )EAR—'- FLOOD EVENT. YOU SHOULD CONTACT .LOCAL BUILDINGAND ZONING' OFFICIALS AND ORTAINf THE XTEST INFORMATION. REGARDING FLOOD ELEVATIONS AND RESTRICTIONS ON DEVELOPMENT BEFORE, -MAKING PLANS FOR -THE USE OF THIS PROPERTY. 2. THIS PLAT, AS RECORDED IN ITS GRAPHIC FORM IS THE OFFICIAL DEPICTION OF. THE SUBDIVIDED LANDS DESCRIBED HEREIN AND WILL IN NO CIRCUMSTANCES BE SUPPLANTED IN AUTHORITY BY ANY OTHER GRAPHIC OR DIGITAL FORM OF THE PLAT. 3. THERE MAY BE ADDITIONAL RESTRICTIONS THAT ARE NOT RECORDED ON THIS PLAT THAT.MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. 4. NO CONSTRUCTION, TREES OR ,SHRUBS WILL RE PLACED IWEASEMENTS. WITHOUT THE CITY OF SEBASTIAN APPROVAL. 5. ROUTINE MAINTENANCE (E.G. MOWING, ETC.) OF EASEMENTS'SHALL BE THE RESPONSIBILITY OF THE LOT/PROPERTY OWNER(S) AND NOT THE CITY OF SEBASTIAN. 5. DECLARATION OF COVENANTS AFFECTING ,THE ;OWNERSHIP OR USE OF THE PROPERTY SHOWN IN THIS PLAT ARE FILED IN OFFICIAL RECORDS 900K..1283, PAGE 1036, ' PUBLIC RECORDS OF ,INDIAN RIVER COUNTY, FLORIDA. 7. PROPERTY OWNERS ARE PROHIBITED. FRQMI-PLANTING ANY CARIBBEAN FRUIT FLY AND ASIAN CITRUS PSYLUD (CITRUS GREENING) HOST PLANTS AS SPECIFIED_ HEREIN'.AND ARE REQUIRED TO REMOVE THE SAME IF ANY EXISTS: CATTLEY GUAVA, COMMON GUAVA, LOQUAT, ROSE APPLE, SURINAM CHERRY, ORANGE JASMINE, AND CHINESE BOX ORANGE. 8. DECLARATION OF RECIPROCAL EASEMENTS AFFECTING THE OWNERSHIP OR USE OF THE PROPERTY SHOWN IN THIS PLAT ARE FILED IN OFFICIAL RECORDS BOOK PAGE - PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. 8/29/2022 WILLIAM B. ZENTZ, PLS — OFESSIONAL LAND SURVEYOR DATE REGISTRATION No. 5276, 5ATE OF FLORIDA WILLIAM B. ZENTZ & ASSOCIATES, INC. — 684 OLD DIXIE HIGHWAY VERO BEACH, FL 32982 (772) 567-7552 LB No. 6840 �m THIS — PLAT SEBASTIAN— B LAKES DR- "'I— 85th ST. { VICINITY MAPtol a 1 :NOT TO SCALE' DATE OF PREPARATION: THIS INSTRUMENT PREPARED BY: JANUARY 24, 2022 WILLIAM B. ZENTZ PROFESSIONAL LAND SURVEYOR #5276 SHEET WILLIAM B. ZENTZ & ASSOCIATES, INC. 684 OLD DIXIE HIGHWAYVERO BE. FL 32962 1 2 LICENSEDACHBUSINESS (LB) #6840 (772) 567-7552 OF 2�9�.��2� I THIS INSTRUMENT PREPARED BY AND RECORD AND RETURN TO: Christopher H. Marine, Esq. Gould Cooksey Fennell, PLLC. 979 Beachland Boulevard Vero Beach, FL 32963 772)231-1100 DECLARATION OF RECIPROCAL EASEMENTS THIS DECLARATION OF RECIPROCAL EASEMENTS (hereinafter the "Declaration") is made as of this 81 day of November, 2022, by Harold L. Brooks, Jr., whose address is 6855 1" Street SW, Vero Beach, Florida 32968, respectively (hereinafter collectively referred to as the "Declarant'). The following statements are a material part of this Declaration: WITNESSETH: WHEREAS, Declarant is the owner of the following described real property situate in Indian River County, Florida: Lot 1, Brooks CR-512 Commercial Development subdivision, according to the Plat thereof as recorded in Plat Book _, Page _, public records of Indian River County, Florida (hereinafter "Lot 1"); and WHEREAS, Declarant is also the owner of the following described real property situate in Indian River County, Florida: Lot 2, Brooks CR-512 Commercial Development subdivision, according to the Plat thereof as recorded in Plat Book _, Page ^, public records of Indian River County, Florida (hereinafter "Lot 2"); and WHEREAS, Lot 1 and Lot 2 (the "Parcels") are platted parcels, adjacent and contiguous to one another, as graphically depicted in commercial Plat Mylar attached hereto as Exhibit "A", also incorporated by this reference; and WHEREAS, the Parcels have been platted from a former larger tract into the two above Parcels; and WHEREAS, Declarant intends that when the respective Parcels are developed, they shall each jointly utilize all entry and exit features at the site, access drives, site utilities, drainage and retention areas, and other common site infrastructure; and WHEREAS, by execution and recordation of this Declaration, Declarant desires to create certain mutual and reciprocal rights in favor of the respective Parcels, to utilize access, ingress and egress, utilities, drainage and retention areas and common infrastructure at the site and within the commercial subdivision, in common with one another, all as more particularly described herein. NOW, THEREFORE, incorporating the foregoing recital of facts and in consideration of the mutual promises contained herein, and other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, Declarant hereby establishes the following easements, each of which shall be binding upon [I 5216.CODCOOI/3629779/1) 241 of 329 and run with the respective Parcels, and inure to the benefit of, and be binding upon the Owners and Occupants (as hereinafter defined) thereof. 1. DEFINITIONS. For ease of reference, the following definitions shall apply throughout this Declaration: 1. 1. "Easements" shall mean, collectively, the access, entry and exit, ingress and egress, drainage and retention and utility easements, as such terms are defined in the body of this Declaration. 1.2. "Occupant" shall mean a person or entity from time to time entitled to use and occupy all or any portion of Lot 1 and Lot 2 (as such terms are defined in the body of this Declaration) under an ownership right or any lease, sublease, or other similar agreement. 13. "Owner" shall mean Declarant and any person, partnership, corporation, limited liability company or other entity that acquires legal title to all or any portion of Lot 1 and Lot 2 at any time, and from time to time from and after the date hereof. 1.4. "Lot 1" shall mean that certain real property legally described as provided above. I.S. "Lot 2" shall mean that certain real property legally described as provided above. 1.6. "Parcel" or "Parcels" shall mean, either Lot l or Lot 2 individually, or collectively Lot 1 and Lot 2. 1.7. "Permittees" shall mean the lawful users of the cross -easements created by this instrument, and shall include, without limitation, the respective customers, patrons, patients, invitees, employees, agents, licensees, contractors, vendors and suppliers of each Owner and Occupant of the Parcels, further including all utility and emergency service providers. 1.8. "Plat" shall mean the plat of Brooks CR-512 Commercial Development subdivision, as recorded in Plat Book _, Page r, public records of Indian River County, Florida, and attached hereto as Exhibit "A,. 2. GRANT OF RECIPROCAL EASEMENTS. A. Declarant hereby declares, grants and conveys unto Lot 1, for the benefit of and as an appurtenance to Lot 1, a perpetual, non-exclusive easement in, to, over, through, upon and across that portion of the Lot 2 consisting of the entrance and exit features, and the perimeter concrete drive (hereinafter "Access Easement 1") for the purposes of providing vehicular and pedestrian access to, and ingress and egress to, from and between County Road 512 and Lot I for the use and benefit of the Owner(s), Occupant(s), and Permittees of Lot 1. The easement created herein shall run over, along, across and through the entry and exit points, and eastern perimeter vehicle driveway areas located within Lot 2, as the same may be repaired, maintained or replaced from time to time and pursuant to the terms of this Declaration. In no event may any Owner of Lot I construct or install any improvements over or on Access Easement 1. Except as provided in Section 3 (D) below, any and all such construction, installation, repair, maintenance and replacement functions shall be performed solely by the Owner of Lot 2, and the costs and expenses associated with the same shall be bome by the respective Owners as provided in Section 3(A) below. B. Declarant hereby declares, grants and conveys unto Lot 2, for the benefit of and as an appurtenance to Lot 2, a perpetual, non-exclusive easement in, to, over, through, upon and across that portion of Lot l consisting of the perimeter concrete drive (hereinafter "Access Easement 2") for the purposes of providing vehicular and pedestrian access to, and ingress and egress to, from and between Lot 1 for the use and benefit of the Owner(s), Occupant(s), and Permittees of Lot 2. The easement created herein shall run over, along, across and through the vehicle driveway areas located within Lot 1, as the same may be repaired, maintained or replaced from time to time and pursuant to the terms of this Declaration. In no event may any Owner of Lot 2 construct or install [I 5216.00DO001/3629779111 242 of 329 any improvements over or on Access Easement 2. Except as provided in Section 3 (D) below, any and all such construction, installation, repair, maintenance and replacement functions shall be performed solely by the Owner of Lot 1, and the costs and expenses associated with the same shall be borne by the respective Owners as provided in Section 3(A) below. C. Declarant hereby declares, grants and conveys unto both respective Parcels for the benefit of and as an appurtenance to said Parcels, and the Owner(s) and Occupant(s) thereof, the perpetual, but not exclusive, mutual and reciprocal right and easement to utilize the site drainage and retention systems, including drainage pipes, catch basins and Swale areas, (hereinafter "Drainage Easement") situate over, under, across and upon the Parcels and Stormwater Management Tract 1 contained in the Plat, as the same presently exist, and as the same may be modified and replaced in the future. Except as provided in Section 3(D) below, any and all repair and maintenance functions for the Drainage Easement shall be performed solely by the Owner of the affected Parcel, and the costs and expenses associated with the same shall be borne as provided in Section 3(A) below. D. Declarant hereby declares, grants and conveys unto both respective Parcels for the benefit of and as an appurtenance to said Parcels, and the Owner(s) and Occupant(s) thereof, the perpetual, but not exclusive, mutual and reciprocal right and easement to utilize the utility systems, equipment and common site infrastructure (hereinafter "Utility Easement") situate over, under, across and upon said Parcels and Stormwater Management Tract 1 contained in the Plat, as the same presently exist, and as the same may be modified and replaced in the future. Except as provided in Section 3(D) below, any and all repair and maintenance functions for the Utility Easement shall be performed solely by the Owner of the affected Parcel, and the costs and expenses associated with the same shall be borne as provided in Section 3(A) below. E. The Owner of each Parcel burdened with the Easements referred to above shall and hereby reserves all rights of passage over, upon and across the easement areas, and full rights to continue any and all access, passage, parking, drainage patterns and utility facilities for the benefit of the Owner, and Owner's successors and assigns, Occupants and Permittees. F. All Owners, Occupants and Permittees shall exercise their respective rights with respect to the Easements in a manner reasonably designed, in good faith, to insure unimpeded and unrestricted use and passage, to avoid and prevent interference with the ownership and operation of the Parcels, and the operations and tenancies of any and all Occupants of the Parcels. 3. MAINTENANCE EXPENSES/NONCOMPLIANCE. A. All costs and expenses associated with the maintenance, repair, or replacement of the Easements referred to in this Declaration shall be borne by the indicated Owners as follows: Lot 1: 50% Lot 2: 50% B. The decision to perform maintenance, repair or replacement of the respective Easements shall be unanimous among and between the indicated Owners responsible for the same as provided above. In the event that the Owners cannot unanimously agree, then the Owner requesting the maintenance work shall notify the other Owner(s) in writing of its position. If after three (3) months from the date of receipt of said notification the Owner(s) still cannot unanimously agree, then they shall select an independent third party to evaluate the reasonable necessity of carrying out the work about which the Owners cannot agree. The Owners shall supply the independent third party with all information either shall deem necessary in making a decision. The decision of the independent third party shall be binding on the Owners. C. The maintenance costs and expenses referred to in Section (A) above shall not include normal and routine mowing and lawn care. Said functions shall be the sole responsibility of the Owner burdened with the particular Easement. [ 15216.0000001 /3629779111 243 of 329 D. In the event that an Owner shall not cooperate and comply with the terms of this Declaration relative to maintenance, repair, or replacement of the Easement(s) or an Owner shall fail to pay its proportionate share of the expense associated with same, any other Owner(s) may perform said repair, maintenance or replacement. In such an event, said Owner shall have the right to enter upon the Parcel of the other, to the extent reasonably necessary for the purpose of performing the then -required work. Any amounts not paid as and when due shall automatically become a lien upon the delinquent party's Parcel, and the improvements thereon, which shall be enforceable, together with interest at the highest legal rate, and costs (including, but not limited to attorney's fees incurred in any claim, action or proceeding, including an appellate proceeding) in the same manner as a mortgage. Such lien shall automatically attach and take effect only after a claim of lien is recorded among the Indian River County public records, setting forth the name of the delinquent party, the amount of the delinquent payment, a description of the Parcel to which the lien will attach, and including a statement that the lien is claimed pursuant to the provisions of this Declaration. Said lien shall be subordinate to any and all mortgage liens securing third -parry financing made to such delinquent Owner with respect to its Parcel. 4. INDEMNITY. A. 'Ilse Owner of Lot 1 shall defend, indemnify and hold harmless the Owner of Lot 2 from and against any and all claims, costs, expenses, damages and liabilities that the Owner of Lot 2 may suffer and incur as a result of any and all negligent, willful or intentional acts or omissions by the Owner of Lot 1, its Occupants and Permittees arising in connection with, or as a result of the use of the Easements situate upon Lot 2, including those arising from any accident, injury or damage whatsoever, and specifically including all costs and attorney's fees incurred in connection with any such claim, action or proceeding brought thereon, including any appellate proceeding. B. The Owner of Lot 2 shall defend, indemnify and hold harmless the Owner of Lot 1 from and against any and all claims, costs, expenses, damages and liabilities that the Owner of Lot 1 may suffer and incur as a result of any and all negligent, willful or intentional acts or omissions by the Owner of Lot 2, its Occupants and Permittees arising in connection with, or as a result of the use of the Easements situate upon Lot 1, including those arising from any accident, injury or damage whatsoever, and specifically including all costs and attorney's fees incurred in connection with any such claim, action or proceeding brought thereon, including any appellate proceeding. C. Each Parcel Owner shall at all times maintain commercial general liability insurance with respect to its respective Parcel, with combined single Iimits of $1,000,000.00 per occurrence and $2,000,000.00 general aggregate. Each Owner shall cause its commercial general liability insurance policy to name the other Owner(s) as an additional insured for purposes of coverage provided pursuant to this Section. 5. COVENANTS/ENFORCEMENT. A. All of the terms, covenants, conditions and provisions of this Declaration shall be appurtenant to, and shall run with each Parcel and shall be binding upon and inure to the benefit of each Owner and its respective successors -in -title, assigns and Occupants. Each Owner, and their respective successors -in -title, shall be liable for the performance of its respective obligations hereunder only during its respective period of ownership. Each Owner shall use reasonable, good faith, and diligent efforts to cause their respective Occupants and Permittees to comply with the provisions of this Declaration. B. Upon a sale or other transfer of all or any portion of a Parcel owned by an Owner to an unrelated third party, the transferring party shall be released from any and all liabilities, obligations and duties accruing from and after the date of such sale or transfer, but not from any such liabilities, obligations or duties arising from events occurring prior to the date of such sale or transfer or otherwise accruing prior to the date of such sale or transfer. Any such transferee shall be deemed to have assumed all obligations hereunder beginning on the date of transfer. C. Any Owner shall have the right to prosecute any proceedings at law or in equity against any other Owner violating or attempting to violate, or defaulting upon, any of the provisions contained in this 115216.0000001 /3629779/ 11 244 of 329 Declaration, and to recover damages for any such violation or default. Such proceeding shall include the right to restrain by injunction any violation or threatened violation by another of any of the terms, covenants or conditions of this Declaration, or to obtain a decree to compel performance of any such terms, covenants or conditions, it being agreed that the remedy at law for a breach of any such term, covenant, or condition (except those, if any, requiring the payment of a liquidated sum) is not adequate. All of the remedies permitted or available to an Owner under this Declaration or at law or in equity shall be cumulative and not alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right or remedy. D. This Declaration shall be governed, interpreted, construed and enforced in accordance with the laws of the State of Florida. All Owners, Occupants and Permittees stipulate and agree that jurisdiction and venue of any legal action or proceeding arising pursuant to this Declaration shall be in Indian River County, Florida. E. In any action or legal proceeding brought to enforce compliance with, or to remedy noncompliance with the terms, provisions and covenants contained in this Declaration, the prevailing party shall be entitled to recover all costs and attorney's fees incurred in connection therewith, including any appellate proceeding. F. No Parcel Owner shall be permitted to modify the Easements encumbering its Parcel without first obtaining the approval of the City of Sebastian, Florida (if required). No proposed modification shall result in any restriction or limitation upon Parcel access, reduce or diminish drainage, retention or utility services, or otherwise render any Parcel to be in noncompliance with governing ordinances or regulations. 6. MISCELLANEOUS. A. If any term or provision of this Declaration, or the application thereof to any person or circumstance shall, to any extent, be held to be invalid or unenforceable by a court of competent jurisdiction, the remainder of this Declaration, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Declaration shall be valid and enforceable to the fullest extent permitted by law. B. This Declaration shall be recorded in the appropriate office for the recordation of real estate conveyances in Indian River County, Florida. [ 15216.0000001 /362977911] 245 of 329 IN WITNESS WHEREOF, the said Declarant has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in the presence of j� /_ Printed Ngjrir� CHRLPHER H. MARnvF Printed tdae! Megan Dupuis STATE OF FLORIDA COUNTY OF 1NDIAN RIVER "DECLARANT" old L. Brooks,Jr. The foregoing in trumcnt was acknowledged before me by means of Q this'L day of V !2022, by Harold L. Brooks, Jr. who is tc a driver's license as identification and did not take an oath. $C619µepn DUPUIS Notary Pubhc State of Florlde 1-C--Fxp1res1/30/2025 Comm# HH059548 11 5216.0000001/36297791! 11 sical presence or ❑ online notarization pally known to me or who ❑produced ___�ylgan Dupuis 246 of 329 i PLAT NCYLAR i i i i t1S216.000000113629779/1] 247 of 329 1 ,y cRot SEBASTIAN HOME OF PELICAN ISIAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET a SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 589-5518 ■ www.citvotsebastion.orci ❑ PUD — Conceptual Development Plan ❑ PUD — Preliminary Development Plan (50 acres or <) ❑ PUD — Preliminary Development Plan (> dam, 50 acres) ❑ PUD — Site Plan ❑ PUD -- Final Plat ❑ SITE PLAN (Administrative Approval) ❑ SITE PLAN (New Development) ❑ SUBDIVISION — Division of Single Lot (Residential) ❑ SUBDIVISION — Preliminary Plat (so acres or <) ❑ SUBDIVISION - Preliminary Plat (> than50 acres) ❑,SUBDIVISION — Construction Plans 41' SUBDIVISION — Final Plat U SITE PLAN (Major Modification) ❑ SITE PLAN (Minor Modification) Project Name: Brooks Commercial Development Total Site Area: 2.04 Acres Parcel ID: 31381400004000000000.9 Address of Site: SE corner of Sebastian Lakes Drive and County Road 512 Proposed Use: 2 Lot Final Plat Land Use: CG Applicant Name: Dr. Harold Brooks, Jr. Address: 6855 1 st Street SW, Vero Beach, FL 32968 Telephone: 772-473-8700 Email: bud33bud33@hotmail.com AcreslSF Zoning: PUD-R Applicant (If not owner, written authorization (notarized) from owner is required) Owner: Dr. Harold Brooks, Jr. Address: 6855 1st Street SW, Vero Beach, FL 32968 Telephone: 772-473-8700 Email: bud33bud33@hotmail.com Date Received: ' Ir2o�� Fee Paid: �100p 1/ Received by: J Surveyor. William B. Zentz & Associates, Inc. Address: 684 Old Dixie Highway, Vero Beach, FL 32962 Telephone: 772-567-7552 Email: billz-wbz@comcast.net Engineer: Schulke, Bittle & Stoddard, LLC - Joseph W. Schulke, P.E. Address: 1717 Indian River Boulevard, Suite 201, Vero Beach, FL 32960 Telephone: 772-770-9622 Pre - Application Meeting Date: DESCRIPTION OF PROPOSED PROJECT: 2 Lot Commercial Subdivision Email: jschulke@sbsengineers.com SIGNATURE OF APPLICANT I hereby certify that I have read and examined this application and know the same to be true and correct. All provisions of Iaws and ordinances governing this type of work will be complied with, whether specified herein or not. The granting of approval does not presume to give authority to violate or cancel the provisions of any other state or local law regulating construction or the performance of c struction. hd c.�_,~ .--)c�,Cj' :j4�O� /- Print name Si nature Date Notarv: STATE OF: F.Or; COUNTY: iZw�✓ I hereby certify that on ' �` 20_22, personally appeared VCLe-6 U� byz4g=S who is personally known to the or has produced identification. Type of identification produced: DVecS [SEAL] o ry Public LAUREN F. HAMILTON c Commisslon N GO 273201 My Commission Expires: 1 -11Z.[ to Explros February 7, 2023 yr`�gFFL�p BandeAThrvBudpolHamry9oivka cnv Lx SEAT, HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetina Date: November21, 2022 Aaenda Item Title: Resolution R-22-33 regarding FDOT agreements for RRR project FM 432325-1 SR-5 from Harrison St to Davis St — LFA, PEA and MMOA Recommendation: Approve FDOT agreements, recognizing the time sensitivity, and authorizing the City Manager and City Attorney to negotiate final contract language prior to execution. Backaround: Attached you will find three documents (LFA, Third Party Escrow agreement, and MMOA) that need to be executed for FDOT project #432325-1 LFA with the City of Sebastian. All three of the documents need to be signed and returned to FDOT. The 432325.1 LFA is very time sensitive. The City has expressed concerns regarding several items identified in the contract (See Exhibit 1). The City is requesting revisions to the LFA documents (that were sent for review on September 29, 2022, but not received by the City of Sebastian until October 11, 2022) and will continue to coordinate with FDOT personnel to resolve these concerns as soon as feasible. However, due to the time sensitivity of the project, we are placing the agreements on the November City Council meeting so as to not risk inclusion of the patterned pavement in the project as has been advised by Kris McKirdy, PE FDOT District 4 Pavement Design Engineer Project Manager. The date of the contract will be completed by FDOT staff upon execution of the Department of Transportation's Director of Transportation Development. Please execute on your end and return ONE (1) signed Original Agreement via email along with ONE (1) original or ONE (1) certified copy of the Council Resolution that authorizes the execution of the Agreement. If not possible then please forward ONE (1) certified copy of the Minutes of the Council Meeting at which this Agreement was approved for execution. If Agenda Item Reauires Expenditure of Funds: Budgeted Amount: $446,400.00 Total Cost: S446,400.00 Funds to Be Utilized for Appropriation: DST Attachments: 1. R-22-33 2. Exhibit 1 3. 432325-1 LFA Sebastian 4. 432325.1 SR 5 MMOA Hardscape Sebastian 5. 3 PEA LFA Sebastian Administrative Services Departm t Revi 1 City Attorney Review: Procurement Division view, if applica e: IJI City Manager Authorization Date: ///(- / ; 2_ 250 of 329 RESOLUTION NO. R-22-33 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING CITY MANAGER AND CITY ATTORNEY TO NEGOTIATE FINAL CONTRACT LANGUAGE PRIOR TO EXECUTION WITH FLORIDA DEPARTMENT OF TRANSPORTATION AND APROVING THE FLORIDA DEPARTMENT OF TRANSPORTATION'S PROJECT #FM 432325-1 THAT WILL RESURFACE, RESTORE, AND REHABILITATE STATE ROAD 5/US HIGHWAY 1 FROM HARRISON STREET TO SOUTH OF DAVIS STREET; PROVIDING FOR CONFLICT; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian supports the repaving and restriping of the existing roadway within the project limits; the sidewalk replacement, removal of abandoned driveways, and providing sidewalk connectivity and continuity; and WHEREAS, these improvements will provide compliance with the Americans with Disabilities Act (ADA) standards; provide pedestrian signalization and lighting improvements at signalized intersections; miscellaneous drainage improvements; and WHEREAS, the project will require the replacement of the current stamped asphalt pavement patterns that the City desires to have replaced after the improvements to keep the aesthetically pleasing gateway to the community. NOW THEREFORE, THE CITY OF SEBASTIAN HEREBY DETERMINES, FINDS, AND RESOLVES AS FOLLOWS: Section 1. Approves the described documents and authorizes the City Manager and the City Attorney to negotiate final contract language with Florida Department of Transportation prior to execution of the described documents; (1) the Locally Funded Agreement; (2) the Third Party Escrow Agreement; and (3) the Hardscape Maintenance Memorandum of Agreement. Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. SCRIVENER'S ERRORS. Sections of this resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of further action of the City Council by filing a corrected copy of same with the City Clerk. Section 4. EFFECTIVE DATE. This resolution shall be become effective upon adoption. The forgoing Resolution was moved for adoption by . The motion was seconded by and, upon being put to a vote, the vote was as follows: 251 of 329 Council Member Ed Dodd Council Member Fred Jones Council Member Bob McPartlan Council Member Chris Nunn Council Member Kelly Dixon The Mayor thereupon declared this Resolution duly passed and adopted this day of 2022. CITY OF SEBASTIAN, FLORIDA ATTEST: Jeanette Williams, MMC City Clerk Mayor Approved as to Form and Content for Reliance by the City of Sebastian Only: Manny Anon, Jr. City Attorney 252 of 329 EXHIBIT 1 From: McKirdy, Kris [ ma i Ito: Kris. M cKi rdy@d ot.state.fl. us] Sent: Wednesday, November 2, 2022 4:05 PM To: Paul Carlisle; 'John Cerreta'; Lisa Frazier Cc: Kenneth Killgore; Karen Miller; Manny Anon; Dale, Susan; Kennedy, Leos; Williams, Mya; Aubery, Sabrina Subject: RE: [EXTERNAL] FW: FM 432325-1 SR-5 from Harrison St to Davis St - Coordination with City of Sebastian - Commission Meeting Agenda Hello Paul, Please see responses in BLUE and let me know if you have any concerns. 1. Paragraph 5 B states if the Project costs are in excess of the advance deposit amount, the City/PARTICIPANT will provide an additional deposit within fourteen (14) calendar days of notification from the DEPARTMENT or prior to posting of the accepted bid, whichever is earlier, so that the total deposit is equal to the bid amount plus allowances. Therefore it's not a guaranteed price. DEPARTMENT will notify City/ PARTICIPANT as soon as it becomes apparent it is due; however, failure of the DEPARTMENT to so notify the PARTICIPANT shall not relieve the City/PARTICIPANT from its obligation to pay for its full participation on final accounting; Since bids are sealed, we do not know what the prices will be until the bids are opened. They may go up, or down. The contingency included in the quoted price is intended to offset any price increases. Z. Paragraph 5 D states that Funds due from the PARTICIPANT during the Project not paid within forty (10) calendar days from the date of the invoice are subject to an interest charge at a rate established pursuant to Section 55.03, Florida Statutes (F.S.) —Judgement and Rate of Interest. This does not apply and it should be removed; This provision is required by the Comptroller's office and cannot be removed from the agreement. 3. Paragraph 5 F. Similar to B and D above. Not a guaranteed price and Interest charge. This provision is required by the Comptroller's office and cannot be removed from the agreement. 4. Paragraph 7 talks about lawsuits and if any we each pay for our own attorney fees; however, the venue is Broward County not IRC; FDOT Central Office has granted District 4 a change of venue for lawsuits to Broward County. If not Broward County, the venue would be Leon County, (Tallahassee) 5. Paragraph 8 — Adjacent Property Owner Improvement - The DEPARTMENT may allow an adjacent property owner to construct additional hardscape improvements within the limits of the rights of way identified in Exhibit "A" of this Agreement and the CityJAGENCY shall be responsible for maintaining those improvements under this Agreement subject to the following conditions set forth here. Thus the City is responsible for maintaining adjacent property owner construction. The paragraph in question is there to cover any future projects that come in through a permit (OSP). FDOT only makes agreements with an agency, not an individual property owner. The Landscape MMOA template tends to include all options so that it can be amended in the future and not need an entirely new agreement for future projects, including DOT, City, or permit initiated projects. We can remove this paragraph if requested. Sincerely, X,ie At,3arriry, .! .E. District 4 Pavement Design Engineer Project Manager Florida Department of Transportation, District 4 3400 W Commercial Blvd. 253 of 329 EXHIBIT 1 Fort Lauderdale, FL 33309 2 (954) 777-4586 1,:] kris.mckirdy@dot.state.fl.us From: pcarlisle@cityofsebastian.org <pcarlisle@cityofsebastian.org> Sent: Monday, October 24, 2022 11:33 AM To: 'John Cerreta' <1ohn.Cerreta@wginc.com>; Lisa Frazier <LFrazier@CityofSebastian.org> Cc: Kenneth Killgore<kkillgore@CityofSebastian.org>; KMiller@cityofsebastian.org; McKirdy, Kris <Kris.McKirdy@dot.state.fl.us>; Manon@cityofsebastian.org Subject: RE: (EXTERNAL) FW: FM 432325-1 SR-5 from Harrison St to Davis St - Coordination with City of Sebastian - Commission Meeting Agenda John, We have a couple of concerns with this agreement. Some need to be clarified and some we cannot agree to. Here are the Attorney's concerns/questions. 1. Paragraph 5 B states if the Project costs are in excess of the advance deposit amount, the City/PARTICIPANT will provide an additional deposit within fourteen (14) calendar days of notification from the DEPARTMENT or prior to posting of the accepted bid, whichever is earlier, so that the total deposit is equal to the bid amount plus allowances. Therefore it's not a guaranteed price. DEPARTMENT will notify City/PARTICIPANT as soon as it becomes apparent it is due; however, failure of the DEPARTMENT to so notify the PARTICIPANT shall not relieve the City/PARTICIPANT from its obligation to pay for its full participation on final accounting; 2. Paragraph 5 D states that Funds due from the PARTICIPANT during the Project not paid within forty (40) calendar days from the date of the invoice are subject to an interest charge at a rate established pursuant to Section 55.03, Florida Statutes (F.S.) —Judgement and Rate of Interest. This does not apply and it should be removed; 3. Paragraph 5 F. Similar to B and D above. Not a guaranteed price and Interest charge; 4. Paragraph 7 talks about lawsuits and if any we each pay for our own attorney fees; however, the venue is Broward County not 1RC; 5. Paragraph 8 —Adjacent Property Owner Improvement -The DEPARTMENT may allow an adjacent property owner to construct additional hardscape improvements within the limits of the rights of way identified in Exhibit "A" of this Agreement and the City/AGENCY shall be responsible for maintaining those improvements under this Agreement subject to the following conditions set forth here. Thus the City is responsible for maintaining adjacent property owner construction. Lets discuss this as soon as possible. Thank you PAUL E. CARLISLE CITY MANAGER CITY OF SEBASTIAN 1225 MAIN STREET SEBASTIAN, FL. 32958 772-368-6200 254 of 329 FM No: 432325-1-52-01/02 FEID No: F596000427 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCALLY FUNDED AGREEMENT This Locally Funded Agreement ("Agreement"), entered into this day by and between the State of Florida Department of Transportation hereinafter called the DEPARTMENT, and the City of Sebastian, located at 1225 Main St, Sebastian, Florida, 32958, hereinafter called the PARTICIPANT. WITNESSETH WHEREAS, the DEPARTMENT and the PARTICIPANT are desirous of having the DEPARTMENT make certain improvements in connection with the DEPARTMENT's construction work along SR-5/US-1 from Harrison Street to south of Davis Street, in the City of Sebastian, Florida. (Financial Management (FM) Number 432325-1-52-01 Funded in Fiscal Year 2023); and WHEREAS, the PARTICIPANT has requested that the DEPARTMENT perform the following additional work (FM Number 432325-1-52-02): stamped asphalt pavement patterns as set forth in Exhibit A attached hereto and made a part hereof and hereinafter referred to as the Project; and WHEREAS, the PARTICIPANT has agreed to provide the DEPARTMENT with the additional funding needed for the Project. WHEREAS, the term "Project" in this Agreement shall mean only the work requested by the PARTICIPANT for which the PARTICIPANT will pay for pursuant to this Agreement and is specified in "Exhibit A." WHEREAS, the improvements are in the interest of both the PARTICIPANT and the DEPARTMENT and it would be more practical, expeditious, and economical for the DEPARTMENT to perform such activities; and WHEREAS, the PARTICIPANT by Resolution No. adopted on , a copy of which is attached hereto and made a part hereof, authorizes the proper officials to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project, the parties agree to the following: 1. The recitals set forth above are true and correct and are deemed incorporated herein. 2. The DEPARTMENT shall be responsible for assuring that the Project complies with all applicable Federal, State and Local laws, rules, regulations, guidelines, and standards. 3. The PARTICIPANT agrees to make all previous studies, maps, drawings, surveys and other data and information pertaining to the Project available to the DEPARTMENT at no extra cost. Page 1 of 7 255 of 329 FM No: 432325-1-52-01/02 FEID No: F596000427 4. The DEPARTMENT shall have the sole responsibility for resolving claims and requests for additional work for the Project. The DEPARTMENT will make reasonable efforts to obtain the PARTICIPANT's input in its decisions. 5. The total cost of the DEPARTMENT's construction work and the Project is estimated to be THREE MILLION ONE HUNDRED THIRTY-TWO THOUSAND SIX HUNDRED EIGHTY- ONE DOLLARS AND NO CENTS ($3,132,681.00). The PARTICIPANT's cost of the Project is an estimated amount of FOUR HUNDRED FORTY-SIX THOUSAND FOUR HUNDRED DOLLARS AND NO CENTS ($446,400.00), which sum shall be paid to the DEPARTMENT. In the event the actual cost of the Project is less than the funds paid by the PARTICIPANT, the difference shall be refunded to the PARTICIPANT. In the event the actual cost of the Project results in a sum greater than that paid by the PARTICIPANT, then such sum shall be the sole responsibility of the PARTICIPANT and shall be paid to the DEPARTMENT. A. The PARTICIPANT agrees that it will, within thirty (30) days of the execution of this agreement, furnish the DEPARTMENT with a check in the amount of FOUR HUNDRED FORTY-SIX THOUSAND FOUR HUNDRED DOLLARS AND NO CENTS ($446,400.00), for full payment of the estimated Project cost for Locally Funded Project number 432325-1-52-02. The advance deposit shall be the total estimated Project cost of THREE HUNDRED SEVENTY-TWO THOUSAND DOLLARS AND NO CENTS ($372,000.00) plus 20% Contingency OF SEVENTY- FOUR THOUSAND FOUR HUNDRED DOLLARS AND NO CENTS ($74,400.00). The DEPARTMENT may utilize this deposit for payment of the costs of the Project. Remittance shall be made payable to the Department of Financial Services, Revenue Processing. Payment shall be clearly marked to indicate that it is to be applied to FM No. 432325-1-52-02. The DEPARTMENT shall utilize this amount towards costs of Project No. 432325-1-52-02. In lieu of mailing payment to the DEPARTMENT, the PARTICIPANT may submit the payment for the Project via wire transfer. Wire transfer/Payments are to be made to: Wells Fargo Bank, N.A. Account#4834783886 ABA # 121000248 State of Florida Department of Financial Services Bureau of Collateral Management Re: DOT — K 11-78, Financial Project # 432325-1-52-02 For the DEPARTMENT to receive credit for the funds due to the DEPARTMENT, the reference line must contain "FDOT" and an abbreviated purpose, financial project number or LFA account number. Page 2 of 7 256 of 329 FM No: 432325-1-52-01/02 FEID No: F596000427 Once the wire transfer is complete, the PARTICIPANT shall contact Jennifer Bennett at 850-414-4861. In addition to calling Ms. Bennett, the PARTICIPANT shall send an email notification to D4-LFA@dot.state.fl.us stating the day and time the wire transfer was sent. B. The PARTICIPANT's share of the accepted bid for the Project (hereinafter referred to as "Accepted Bid" and the DEPARTMENT's work amount plus allowances is hereinafter defined as the "Total Accepted Bid". Allowances are hereby defined as contingency, mobilization (MOB), and Maintenance of Traffic (MOT). If the Project costs are in excess of the advance deposit amount, the PARTICIPANT will provide an additional deposit within fourteen (14) calendar days of notification from the DEPARTMENT or prior to posting of the accepted bid, whichever is earlier, so that the total deposit is equal to the bid amount plus allowances. The DEPARTMENT will notify the PARTICIPANT as soon as it becomes apparent the accepted bid amount, plus allowances, is in excess of the advance deposit amount. However, failure of the DEPARTMENT to so notify the PARTICIPANT shall not relieve the PARTICIPANT from its obligation to pay for its full participation on final accounting as provided herein below. If the PARTICIPANT cannot provide the additional deposit within fourteen (14) days, a letter must be submitted to and approved by the DEPARTMENT's project manager indicating when the deposit will be made. The PARTICIPANT understands the request and approval of the additional time could delay the Project, and additional costs may be incurred due to a delay of the Project. C. If the accepted bid amount plus allowances is less than the advance deposit amount, the DEPARTMENT will refund the amount that the advance deposit exceeds the bid amount plus allowances if such refund is requested by the PARTICIPANT in writing. D. Should Project modifications or changes to bid items occur that increase the PARTICIPANT's share of total Project costs, the PARTICIPANT will be notified by the DEPARTMENT accordingly. The PARTICIPANT agrees to provide, without delay, in advance of the additional work being performed, adequate funds to ensure that cash on deposit with the DEPARTMENT is sufficient to fully fund its share of the Project. The DEPARTMENT shall notify the PARTICIPANT as soon as it becomes apparent the actual costs will overrun the award amount. However, failure of the DEPARTMENT to so notify the PARTICIPANT shall not relieve the PARTICIPANT from its obligation to pay for its full participation during the Project and on final accounting as provided herein below. Funds due from the PARTICIPANT during the Project not paid within forty (40) calendar days from the date of the invoice are subject to an interest charge at a rate established pursuant to Section 55.03, Florida Statutes (F.S..). E. The DEPARTMENT intends to have its final and complete accounting of all costs incurred in connection with the work performed hereunder within three hundred and sixty days (360) of final payment to the Contractor. The DEPARTMENT considers Page 3 of 7 257 of 329 FM No: 432325-1-52-01/02 FEID No: F596000427 the Project complete when the final payment has been made to the Contractor, not when the construction work is complete. All Project cost records and accounts shall be subject to audit by a representative of the PARTICIPANT for a period of three (3) years after final close out of the Project. The PARTICIPANT will be notified of the final cost. Both parties agree that in the event the final accounting of total Project costs pursuant to the terms of this agreement is less than the total deposits to date, a refund of the excess will be made by the DEPARTMENT to the PARTICIPANT. If the final accounting is not performed within three hundred and sixty (360) days, the PARTICIPANT is not relieved from its obligation to pay. F. In the event the final accounting of total Project costs is greater than the total deposits to date, the PARTICIPANT will pay the additional amount within forty (40) calendar days from the date of the invoice from the DEPARTMENT. The PARTICIPANT agrees to pay interest at a rate as established pursuant to Section 55.03, F. S., on any invoice not paid within forty (40) calendar days until the invoice is paid. G. The payment of funds under this Locally Funded Agreement will be made directly to the DEPARTMENT for deposit and as provided in the attached 3 PEA between PARTICIPANT(S), DEPARTMENT and the State of Florida, Department of Financial Services, Division of Treasury a copy of which is attached hereto and made a part hereof as Exhibit B. 6. Upon completion of the Project, the PARTICIPANT will comply with the provisions set forth in the District Four Highway Maintenance of Agreement, which is attached hereto and made a part hereof as Exhibit C. The PARTICIPANT shall agree to maintain the Project in accordance with the terms of the Exhibit C. The terms of this paragraph shall survive the termination of this Agreement. 7. In the event it becomes necessary for either party to institute suit for the enforcement of the provisions of this Agreement, each party shall be responsible to pay their own attorney fees and court costs. Venue with respect to any such litigation shall be in Broward County. 8. This Agreement and any interest herein shall not be assigned, transferred or otherwise encumbered by the PARTICIPANT under any circumstances without the prior written consent of the DEPARTMENT. However, this Agreement shall run to the DEPARTMENT and its successors. 9. Except as otherwise set forth herein, this Agreement shall continue in effect and be binding to both the PARTICIPANT and the DEPARTMENT until the Project (FM# 432325-1-52- 01/02) is completed as evidenced by the written acceptance of the DEPARTMENT. 10. The PARTICIPANT warrants that it has not employed or obtained any company or person, other than bona fide employees of the PARTICIPANT, to solicit or secure this Agreement, and it has not paid or agreed to pay any company, corporation, individual or firm, other than a bona fide employee employed by the PARTICIPANT. For breach or violation of this provision, the DEPARTMENT shall have the right to terminate the Agreement without Page 4 of 7 258 of 329 FM No: 432325-1-52-01/02 FEID No: F596000427 liability. 11. The PARTICIPANT/ Vendor/ Contractor: (A) shall utilize the U.S. Department of Homeland Security's E-verify system to verify the employment eligibility of all new employees hired by the PARTICIPANT/Vendor/Contractor during the term of the contract; and (B) shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 12. This Agreement is governed by and construed in accordance with the laws of the State of Florida. 13. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. It is further agreed that no modification, amendment, or alteration in the terms and conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 14. Any or all notices (except invoices) given or required under this Agreement shall be in writing and either personally delivered with receipt acknowledged or sent by certified mail, return receipt requested. All notices delivered shall be sent to the following addresses: If to the DEPARTMENT: Florida Department of Transportation - District Four 3400 West Commercial Blvd. Fort Lauderdale, Florida 33309-3421 Attn: Susan Dale. With a copy to: Kris McKirdy, P.E. A second copy to: Office of the General Counsel If to the PARTICIPANT: City of Sebastian 1225 Main St, Sebastian, Florida, 32958 Attn: Paul Carlisle With a copy to: County Attorney Page 5 of 7 259 of 329 FM No: 432325-1-52-01/02 FEID No: F596000427 IN WITNESS WHEREOF, this Agreement is to be executed by the parties below for the purposes specified herein. Authorization has been given to enter into and execute this Agreement by Resolution No. , hereto attached. ATTEST: CITY CLERK CITY OF SEBASTIAN, FLORIDA MAYOR APPROVED AS TO FORM & LEGAL SUFFICIENCY: CITY ATTORNEY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DEPARTMENT ATTEST: BY: EXECUTIVE SECRETARY APPROVED: BY: DISTRICT PROGRAM MANAGEMENT ADMINISTRATOR STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: STEVEN C. BRAUN, P.E. DIRECTOR OF TRANSOPORTATION DEVELOPMENT LEGAL REVIEW: BY: OFFICE OF THE GENERAL COUNSEL Page 6 of 7 260 of 329 FM No: 432325-1-52-01/02 FE1D No:F596000427 EXHIBIT A SCOPE OF SERVICES FM# 432325-1-52-01/02 The DEPARTMENT shall construct, on behalf of the PARTICIPANT, the following improvements: Textured and R1 Crimson colored patterned pavement in crosswalks and parallel parking sections/areas along SR-5/US-1 from Harrison Street to Davis Street in the City of Sebastian, Florida as requested by the PARTICIPANT. THIS REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK Page 7 of 7 261 of 329 EXHIBIT B THIRD PARTY ESCROW AGR.rAj:�MENT WITH CITY OF SEBASTIAN 262 of 329 THREE PARTY ESCROW AGREEMENT THIS AGREEMENT is made and entered into by and between the State of Florida, Department of Transportation ("FDOT") City of Sebastian, Florida ("Participant"), and the State of Florida, Department of Financial Services, Division of Treasury ("Escrow Agent"), and shall become effective upon the Agreement's execution by Escrow Agent. WHEREAS, FOOT and Participant are engaged in the following project (°P, reject"): Project Name: SR-5/US-1 FROM HARRISON ST TO S OF DAVIS�ST Project #: 432325-1-52-01 County: Indian River County WHEREAS, FOOT and Participant desire to establish an escrow account for the project. NOW THEREFORE, in consideration of the prqmises_and the covenants contained herein, the parties agree to the following: �. r• 1. An initial deposit will be made into an interest bearing escrow account established hereunder for the purposes of,the Project. The escrow account will be opened with the Escrow Agent on behalf of FDQT'upon Escrow Agent's receipt and execution of this Agreement. 2. Other deposits to the escrow" account may be made during the life of this agreement. 3. Deposits will be delivered in accordance with instructions provided by the Escrow Agent to rthe FOOT for deposit into the escrow account. A wire transfer or ACH depositis,the preferred method of payment and should be used whenever possible. 4. FOOT's`C'omptroller or designee shall be the sole signatory on the escrow account with the Escrow Agent and shall have sole authority to authorize withdrawals from the .account. Withdrawals will only be made to FOOT or the Participant in "accordance with the instructions provided to the Escrow Agent by FOOT's 4- `'-.comptroller or designee. 11'5. Moneys in the escrow account will be invested in accordance with section 17.61, Florida Statutes. The Escrow Agent will invest the moneys expeditiously. Income is only earned on the moneys while invested. There is no guaranteed rate of return. Investments in the escrow account will be assessed a fee in accordance with Section 17.61(4)(b), Florida Statutes. All income of the investments shall accrue to the escrow account. 6. Unless instructed otherwise by FOOT, all interest accumulated in the escrow account 263 of 329 shall remain in the account for the purposes of the Project. 7. The Escrow Agent agrees to provide written confirmation of receipt of .fun s -to FDOT. FDOT agrees to provide a copy of such written confirmation P�Int upon request. ` .. 8. The Escrow Agent further agrees to provide quarterly reports to�FDOT)concerning the escrow account. FDOT agrees to provide a copy of such guarte`rly reports to Participant upon request. 5 9. The Escrow Agent shall not be liable for any error of judgment or for any act done or omitted by it in good faith, or for anything which it may)n ood faith do or refrain from doing in connection herewith. 10. Escrow Agent shall have no liability for any..; claim,• cost, expense, damage or loss due to the acts or omissions of FDOT,.arid. Participant, nor from any separate agreements between FDOT and Partjcigan� ``and shall have no responsibility to monitor or enforce any responsibilities�he ein or in any separate agreements associated with this Agreement between;FDOT and Participant. 11. This Agreement shall be'gove`rn6d.:bywd interpreted in accordance with the laws of the State of Florida. 12. This Agreement Xnay:be,exec Lted in two or more counterparts, each of which shall be deemed an ,i riginalt l ut all of which together shall constitute one and the same instrument. 13. This Agreernenfshall terminate upon disbursement by the Escrow Agent of all money held;by it in the escrow account in accordance with the instructions given by the F�OT;s Comptroller or designee and notification from FDOT to Escrow Agent that`thaccount is to be closed. The remainder of this page is blank. 264 of 329 IN WITNESS WHEREOF, the parties have duly executed the Agreement on the date(s) below. For FDOT-OOC (signature) Name and Title 59-3024028 Federal Employer I.D. Number Date FDOT Legal Review: r For Escr6w Adent-(signature) Name and Title Date For PARTICIPANT (Si ha re),,� Name and Title`, 17,edie,y VEMployer I.D. Number 265 of 329 EXHIBIT C OF THk LOCALLY FUNDED AGREEMENT 266 of 329 SECTION No.: 88010000 FM No. (s): 432325-1-52-01 COUNTY: Indian River S.R. No.: SR 5 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATATION DISTRICT FOUR HARDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this day of 20 by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a com orient AGENCY of the State of Florida, hereinafter called the DEPARTMENT and the �&,TT�-'OF SEBASTIAN, a municipal corporation, existing under the Laws of Florida, hereinafe� caIled the AGENCY. ` ` WITNESSETH: " WHEREAS, the DEPARTMENT has jurisdiction over State Road_ (US 9) as part of the State Highway System as described in Exhibit "A"; and rt. cam. WHEREAS, the DEPARTMENT seeks to install and have maintained by the AGENCY certain hardscape improvements within the right of way of State\Road 5 (US 1) as described within Exhibit "B"; and WHEREAS, as part of the continual updating of the"State of Florida Highway System, the DEPARTMENT, for the purpose of safety, protectioW-,ofihe investment and other reasons, has constructed and does maintain the highway facility;as described in Exhibit "A" (attached hereto and incorporated by reference herein) withiRttie corporate limits of the AGENCY; and WHEREAS, the Department and th'e.Agency signed an agreement dated February 8, 1994, for State Road 5 landscaped medians frd ri-south to north City limits, and c` WHEREAS, the Department and the Agency signed an agreement dated June 15, 2015, for landscape and irrigation on '-State � Road 5 from eastbound County Road 512 (MP 18.845) to Martin Avenue (MP 19.156), and WHEREAS, the intelht of this Agreement is to supplement the 1994 and 2015 agreements for State Road 5 (L4' ;1) from CR 512 Eastbound (M.P. 18.823) to North of North Central Avenue (M.P. ,19.971) for the hardscape improvements indicated in Exhibit "B". The maintenance -responsibilities for the areas and items identified in the 1994 and 2015 agreements.shall continue and not be impacted by this Agreement; and WHEM EAS, the AGENCY is agreeable to maintaining those improvements within the AGENCY'S limits including hardscape to the medians and areas outside the travelway to the rightt of way line and/or areas within the travelway that may contain specialty surfacing (concrete pavers, color stamped concrete and color stamped asphalt [also known as patterned pavement]) including any other hardscape (if applicable), but excluding standard concrete sidewalk; and agrees such improvements shall be maintained by periodic litter pick-up, and/or repairs associated with the specialty surfacing as needed; and WHEREAS, it is the intent of the AGENCY and the DEPARTMENT that the AGENCY shall maintain all right of way within the medians, outside the travelway and improvements made to the travelway that was made at the request of the AGENCY; and hitps://fidot-my.sharepoinLcom/personal/mya_wiIliams_dot_state _ III_ us/Documents/Shared with Everyone/Local Program Agreements in REVIEW/LFAs/Indian River/City of Sebastian/watennarkcd MOA Patt Pavt - Sebastian - 9.29.22.docx 267 of 329 WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party; and WHEREAS, the AGENCY, by Resolution No. dated , 20_, attached hereto and by this reference made a part hereof in Exhibit "E", desires to enter into this Agreement and authorizes its officers to do so; NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: 1. The recitals set forth above are true and correct and are deemed incorporated hprejri....' 2. INSTALLATION OF FACILITIES The DEPARTMENT shall install or caused to be installed hardscape improyemenfs on the highway facilities substantially as specified in plans and specifications to'. inafter referred to as the Project(s) and incorporated herein as referenced in EXhibli,7-B". Hardscape shall mean, but not be limited to, any non-standard roadway, sidewalks; median or crosswalk specialty surfacing, including concrete pavers, color stamped_ concrete, color stamped asphalt (also known as patterned pavement), and brick paver;detectable warnings. r, If there are any major changes to the plan(s), the DEPARTMENT shall provide the modified plan(s) to the AGENCY and the AGENCY shall pro /ki e their approval or disapproval to the DEPARTMENT within 10 business days. The DDP}ARTMENT may elect to withdraw the hardscape improvements if changes are not approved within the given time frame. 3. MAINTENANCE OF FACILITIES , A. The AGENCY agrees to maintain the improvements, as existing and those to be installed, within the physipai'limits described in Exhibit "A" and as further described in Exhibit "B". The nori-standard improvements within and outside the travelway shall be maintained by -',the AGENCY regardless if the said improvement was made by the DEPARTMENT,the AGENCY, or others authorized pursuant to section 7. Periodic repairs or arty concrete replacement associated with specialty surfacing (if applicable) shill follow the DEPARTMENT'S safety and maintenance guidelines and Exhibit "D";_`Patterned Pavement Maintenance. The AGENCY'S responsibility for maintenance shall include all hardscape areas on the sidewalk or within the medians, areas outside the travelway to the right-of-way, and/or areas within the travelway containing specialty surfacing. It shall be the responsibility of the AGENCY .to restore an unacceptable ride condition of the roadway caused by the differential characteristics of non-standard travelway surfacing and the associated header curb and concrete areas (if applicable) on DEPARTMENT right-of-way within the limits of this Agreement. B. Such maintenance to be provided by the AGENCY is specifically set out as follows: to maintain, which means to keep the hardscape areas clean, free from weeds and to repair said hardscape as is necessary to prevent a safety hazard. To maintain also means to keep the header curbs that contain the specialty surfacing treatment in optimum condition. To maintain also means to keep litter removed from the median and areas outside the travel way to the right of way line. Any changes to the original plans shall be submitted by permit application to the DEPARTMENT for review and approval. https://fldot-my.stiarepoint.com/personaUrnya_williams_dot slate _fl_us/Documents/Shared with Everyone/Local Program Agreements in REVIEW/LEAs/Indian River/City of Sebastian/watermarked MOA Patt Pavt - Sebastian - 9.29.22.docx 268 of 329 C. The maintenance functions to be performed by the AGENCY may be subject to periodic inspections by the DEPARTMENT at the discretion of the DEPARTMENT. Such inspection findings will be shared with the AGENCY and shall be the basis of all decisions regarding repayment, reworking, or Agreement termination. The AGENCY shall not change or deviate from said plans without written approval of the DEPARTMENT. 4. DEPARTMENT ACCESS TO FACILITIES The DEPARTMENT will periodically need access to various features within thelli its of this agreement. Upon request of the DEPARTMENT, the AGENCY will have 14 calen'drdays to provide access to the items noted by the DEPARTMENT. This may require, -temporary or permanent removal of improvements such as hardscape, landscape--`ar_2other items conflicting with the items to which the Department needs access. _ Should the Agency fail to remove or relocate items as requested, the(,Depbrtment may: _ t (a) Remove conflicting improvements or any portion thepc; (b) Restore the area with any material meeting Department standards (c) Bill the Agency for any costs associated With removal and/or replacement of the improvements. Failure to cooperate with the Department may Ybe considered in decisions on future requests for installations within Department facilities: 5. NOTICE OF MAINTENANCE DEFIGIt IES A. If at any time after the AGENCY has undertaken the maintenance responsibilities for the improvements, it s ali come to the attention of the DEPARTMENT'S District Secretary that the limits, or a part thereof, are not properly maintained pursuant to the terms of this Agreement, said District Secretary may at his/her option, issue a written notice(that a deficiency or deficiencies exist(s), by sending a certified letter to the AGENCY 'placing said AGENCY on notice thereof. Thereafter the AGENCY shall have a period of thirty (30) calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time, the DEPA -. MENT may at its option, proceed as follows: (a )' Maintain the hardscape improvements or any part thereof, with DEPARTMENT or Contractor's personnel and invoice the AGENCY for expenses incurred, and/or (2) At the discretion of the DEPARTMENT, terminate the Agreement in accordance with Paragraph 9 of this Agreement and remove, by the DEPARTMENT or Contractor's personnel, all of the hardscape improvements installed under this Agreement or any preceding Agreements, and charge the AGENCY the reasonable cost of such removal. B. The AGENCY agrees to reimburse the DEPARTMENT all monies expended by the DEPARTMENT for the hardscape improvements listed in Exhibit "B" in the amounts hllpsJ/fldol-my.sharepoint.cum/personal/mya_williams_dot _ state _11_us/Documents/Shared with Everyone/Local Program Agreements in REVIEW/LrAs/Indian Rivcr/City of Sebastian/watermarked MOA Patt Pavt - Sebastian - 9.29.22 docx 269 of 329 listed in Exhibit " D" should the hardscape improvement fail to be maintained in accordance with the terms and conditions of this Agreement. 6. FUTURE DEPARTMENT IMPROVEMENTS It is understood between the parties hereto that the hardscape improvements covered by this Agreement may be removed, relocated, or adjusted at any time in the future as determined to be necessary by the DEPARTMENT in order that the adjacent state road be widened, altered, or otherwise changed to meet future criteria or planning needs of the DEPARTMENT. The AGENCY shall be given sixty (60) calendar days' notice to remove said`, hardscape improvements at AGENCY'S expense after which time the DEPARTMENTk ii aremove same. All permits, fees, and any mitigation associated with the removal;relocation or adjustments of these improvements are the maintaining AGENCY'S respo,s�ibility. 7. FUTURE AGENCY IMPROVEMENTS The AGENCY may construct additional hardscape improvements within the limits of the improvements rights of ways identified herein, subject to the following conditions: (a) Plans for any new hardscape improvements'sliall be subject to approval by the DEPARTMENT. The AGENCY shall not c6nge or deviate from said plans without written approval by the DEPARTMENT. (b) The AGENCY shall procure a permitIftorn the DEPARTMENT. (c) All hardscape improvements shall be developed and implemented in accordance with appropriate state safety,and-roadway design standards. (d) The AGENCY agrees 1comply with the requirements of this Agreement with regard to any additional, hardscape improvements it chooses to have installed and there will be no cost to the DEPARTMENT. 8. ADJACENT PROPERTY OWNER IMPROVEMENTS The DEPARTMENT may allow an adjacent property owner to construct additional hardscapq igl5rovements within the limits of the rights of way identified in Exhibit "A" of this Agree ment,#d the AGENCY shall be responsible for maintaining those improvements under this Agreement subject to the following conditions: ,.(a) Plans for any new hardscape improvements shall be subject to approval by the DEPARTMENT and shall require a valid permit attached with a letter of consent to said plans by the AGENCY. The plans shall not be changed or deviated from without written approval by the DEPARTMENT and the AGENCY. (b) All hardscape improvements shall be developed and implemented in accordance with appropriate state safety and roadway design standards. (c) The AGENCY agrees to comply with the requirements of this Agreement with regard to any additional hardscape improvements installed by an adjacent owner. https://fldot-my.sI)arepoint.com/personalimya_wi!liams dOt_state fl _us/Documents/Shared with Everyone/Local Program Agreements in REVIEW/LrAs/Indian River/City of Sebastian/watermarked MOA Patt Pavt - Sebastian - 9.29.22.docx 270 of 329 9. HARDSCAPE IMPROVEMENTS COST The DEPARTMENT agrees to enter into a contract for the installation of the hardscape improvements with an estimated amount of $446.400.00 as referenced in Exhibit "C". This amount may be reduced or eliminated at the sole discretion of the DEPARTMENT or due to budgetary constraints of the DEPARTMENT. The DEPARTMENT'S participation in the hardscape improvements' cost, as described in Exhibit "C" is limited to only those items which are directly related to the hardscape improvement plans. The AGENCY shall be invited to assist the DEPARTMENT in the final accepta oe.'of the hardscape improvements by the DEPARTMENT associated with the roadway'boristruction project. ? i� 10. AGREEMENT TERMINATION r In addition to those conditions otherwise contained herein- this Agreement may be terminated under any one (1) of the following conditions: € (a) By the DEPARTMENT, if the AGENCY fails:_to,, perform its duties under this Agreement, following ten (10) days written notice: (b) By the DEPARTMENT, for refusal by the,#'GENCY to allow public access to all documents, papers, letters, or other i aerial subject to the provisions of Chapter 119, Florida Statutes, and made or received by the AGENCY in conjunction with this Agreement. 11. AGREEMENT TERM A. The term of this Agreed 16nt commences upon execution by all parties. The term of this Agreement shall remaih in effect for as long as the hardscape items exist. B. If the DEPARTMENT chooses not to implement the hardscape improvements described in ,oikibit "B", this Agreement becomes void and the original Agreement is reinstated if any. 12. LIABILITY, ANP INSURANCE REQUIREMENTS A. With 'respect to any of the AGENCY'S agents, consultants, sub -consultants, ,(contractors, and/or sub -contractors, such party in any contract for the hardscape improvements shall agree to indemnify, defend, save and hold harmless the ` DEPARTMENT from all claims, demands, liabilities, and suits of any nature arising out of, because of or due to any intentional and/or negligent act or occurrence, omission or commission of such agents, consultants, subconsultants, contractors and/or subcontractors. The AGENCY shall provide to the DEPARTMENT written evidence of the foregoing upon the request of the DEPARTMENT. It is specifically understood and agreed that this indemnification clause does not cover or indemnify the DEPARTMENT for its own negligence. B. In the event that AGENCY contracts with a third party to provide the services set forth herein, any contract with such third party shall include the following provisions: https:llfIdol-my.stiarepoint.corrJpersonal/mya_williams_dot_statc_fl uslDocumenls/Shared with Cveryone/Local Program Agreements in REVIEW/LFAs!Indian River/City of Sebastian/watermarked MOA Palt Pavt - Sebastian - 9.29.22.docx 271 of 329 (1) AGENCY'S contractor shall at all times during the term of this Agreement keep and maintain in full force and effect, at contractor's sole cost and expense, Comprehensive General Liability with minimum limits of $1,000,000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability and Worker's Compensation insurance with minimum limits of $500,000.00 per Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability and Worker's Compensation policy without restrictive endorsements, as filed b the Insurance Services Office and shall name the DEPARTMENT as an addsi onal insured on such policies. (2) AGENCY'S contractor shall furnish AGENCY with Certificates of Insurance of Endorsements evidencing the insurance coverage specified heren"prior to the beginning performance of work under this Agreement. t (3) Coverage is not to cease and is to remain in full force alid effect (subject to cancellation notice) until all performance required pf;,;�GENCY'S contractor is completed. All policies must be endorsed to provide`,the DEPARTMENT with at least thirty (30) days' notice of cancellation and:-or/or restriction. If any of the insurance coverage will expire prior to the corf 16t16n of work, copies of renewal policies shall be furnished at least (30) days prior to the date of expiration. 13. E-VERIFY REQUIREMENTS The AGENCY shall: (a) Utilize the U.S. Department of .Hombland Security's E-Verify system to verify the employment eligibility of all nevv employees hired by the AGENCY during the term of the contract; and (b) Expressly require any 'subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Venfy,4stem to verify the employment eligibility of all new employees hired by the."4contractor during the contract term. 14. SUPERSEDED AGREEMENTS This writin y g embodies the entire Agreement and understanding between the parties hereto and there are no other Agreements and understanding, oral or written, with reference to the subject'Matter hereof that are not merged herein and superseded hereby. 1&FISCAL TERMS The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from the Comptroller of the DEPARTMENT that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one (1) year, but any contract so made shall be executory https:llfldot-my.sharepoint.corrilpersonal/mya_williams dot stale fl us/Documents/Shared with Everyone/Local Program Agreements in REVIEWlLFAsllndian Rivcr/City of Sebastian/watermarked MOA Patt Pavt - Sebastian - 9.29.22.docx 272 of 329 only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the DEPARTMENT which are for an amount in excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) and which have a term for a period of more than one year. 16. DISPUTES The DEPARTMENT'S District Secretary shall decide all questions, difficulties and disputes of any nature whatsoever that may arise under or by reason of this Agreement, the prosecution or fulfillment of the service hereunder and the character, quality, amount and value thereof; and his decision upon all claims, questions and disputes shall pefinol ,and conclusive upon the parties hereto. 17. ASSIGNMENT This Agreement may not be assigned or transferred by the AGENCY irk,wg6le or part without the consent of the DEPARTMENT. 18. LAWS GOVERNING This Agreement shall be governed by and construe ° i accordance with the laws of the State of Florida. In the event of a conflict between an'y p Rion of the contract and Florida law, the laws of Florida shall prevail. The AGENC_ Y;agrees to waive forum and venue and that the DEPARTMENT shall determine the fonts 'and venue in which any dispute under this agreement is decided. 19. NOTICES Any and all notices given or required under this Agreement shall be in writing and either personally delivered with recejpt.acknowledgement or sent by certified mail, return receipt requested. All notices shall be ;iegtio the following addresses. If to the DEPARTMENT:. If to the AGENCY: Florida Dept. of Transportation City of Sebastian 3400 West Commercial Blvd. 1225 Main Street Ft. Lauderdale, FL 33309-3421 Sebastian, FL 32958 Attn: District IV"Landscape Attn: Paul Carlisle Architect cc: City Attorney 20. LIST OF EXHIBITS Exhibit A: Roadway Project Location and Hardscape Maintenance Boundaries <, Exhibit B: Hardscape Improvement Plans Exhibit C: Approximate Cost for Hardscape Improvements Exhibit D: Patterned Pavement Maintenance Exhibit E: Resolution https:lltldol-my.sharepoint.com1personalHnya_willianu dot_state fl_us/Documents/Shared with Everyone/Local Program Agreements in REVIEW/LrAs/Indian River/City of Sebastian/watennarked MOA Patt Pavt - Sebastian - 9.29.22.docx 273 of 329 IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first above written. AGENCY By: Chairperson/Mayor/Manager Attest: (SEAL) Clerk Legal Approval Date STATE OF FLORIDA DEPARTMENT OF TRANSPORTAT.jON- N By: Date: Steven C. Braun Transportation Development Director Attest: (SEAL) 'Executive Secretary .Legal keview Date Office of the General Counsel htips://fidot-i-ny.st)arepoint.coin/pLrsonal/iiiya williamsdot_slate — fi — us/Documents/Shared with Everyone/Local Program Agreements in REVIEWILFAs/indian River/City of Sebastian/watermarked MOA Patt Pavt - Sebastian - 9.29.22.docx 274 of 329 EXHIBIT A ROADWAY PROJECT LOCATION AND HARDSCAPE MAINTENANCE BOUNDARIES ; L : I. ROADWAY PROJECT LOCATION: State Road 5 (US 1) from Harrison Street (M.P. 18.760) to South of Davis .Street (M.P. 20.232) Il. LIMITS OF MAINTENANCE FOR HARDSCAPE IMPROVEMENTS: Hardscape improvements within the limits of State Roa'0"5, (US 1) from Sebastian Boulevard (CR 512 Eastbound) (M.P. 18.823) to North of North,,Cenral Avenue (M.P. 19.971) l Ill. HARDSCAPE MAINTENANCE BOUNDARY�MAP See Attached 1 ' V https://fidot-my.sliarcpoint corn/personal/mya_williams dot state fl _us/DOCUmcnts/Shared with Everyone/Local Program Agreements in REVIEW/LFAs/Indian Rivcr/City, of Sebastian/watermarked MOA Patt Pavt - Sebastian - 9.29.22.docx 275 of 329 SECTION No.: 88010000 FM No. (s): 432325-1-52-01 COUNTY: Indian River S.R. No.: SR 5 EXHIBIT B HARDSCAPE IMPROVEMENT PLANS ,fir 4 The DEPARTMENT agrees to install the hardscape improvements in accordance with the roadway plans and specifications attached hereto and incorporated herein,:, -1 Please see attached plans prepared by: John Cerreta, P.E WGI, Inc. Date: 9/21/2022 https://fidot-my.sharepoint.coiii/personal/ii)ya_williams dot state — fl — us/Documents/Shared with Everyone/Local Program Agreements in REVIEW/LFAs/Indian River/City of SeIbas�tianlwatcrmarkcd MOA Patt Pavt - Sebastian - 9.29.22.docx 276 of 329 SECTION No.: 88010000 FM No. (s): 432325-1-52-01 COUNTY: Indian River S.R. No.: SR 5 EXHIBIT C APPROXIMATE COST FOR HARDSCAPE IMPROVEMENTS This Exhibit forms an integral part of the DISTRICT FOUR (4) HA�DSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT between the State` -';of Florida Department of Transportation and the AGENCY. P p Anticipated Terms of a Separate Agreement y r. I. FDOT PARTICIPATION: $ 0.00 II. AGENCY PARTICIPATION: '<:� $446,400.00 Via Separate Agreement E III. APPROXIMATE HARDSCAPE IMPROVEMENT COST: $446,400.00 Amounts are approximate, Itemized Cost Estimate for Hardscape Improvements: ITEM # ITEM QNTY UNIT UNIT COST COMMENT PRICE Patterned k Parking Stalls and 523-1 Pavement, 3100 SY $ 120.00 $372,000.00 Vehicular Areas Crosswalks $74,400.00 20% Contingency TOTAL APPROXIMATE COST: $ 446.400.00 https://fidot-my.sharepoint.comlpersonal/mya_williams dot state _fl_us/Documents/Shared with Everyone/Local Program Agreements in REVIEW/1- As/Indian River/City of Sebastian/watermarked MOA Patt Pavt - Sebastian - 9.29.22.docx 277 of 329 SECTION No.: 88010000 FM No. (s): 432325-1-52-01 COUNTY: Indian River S.R. No.: SR 5 EXHIBIT D PATTERNED PAVEMENT MAINTENANCE This Exhibit forms an integral part of the DISTRICT FOUR (4) MAINTENANCE MEMORANDUM OF AGREEMENT between the State of Florida, Department of Transponquon".,and the AGENCY. "Maintenance" of all patterned pavement crosswalks in these Agreements Fall �e defined, as a minimum, to include its frictional characteristics and integrity as follows: r f 1. Within 60 days of project acceptance by the Department;,,all; lanes of each patterned crosswalk shall be evaluated for surface friction. TheJriciion test shall be conducted using either a locked wheel tester in accordance with FM 5-592 (Florida Test Method for Friction Measuring Protocol fbt`�P. atterned Pavements) or Dynamic Friction Tester in accordance with ASTM E7911.' All costs for friction testing are the responsibility of the AGENCY. 2. The initial friction resistance shall be ati least 35 obtained at 40 mph with a ribbed tire test (FN40R) or equivalent (FM ,,5, 592 attached). Failure to achieve this minimum resistance shall require all deficient; crosswalk areas to be removed to their full extent (land -by -land) and replaced-Withjhe same product installed initially. The AGENCY is responsible for all costs: associated with the removal and replacement of the crosswalk. If the Department determines that more than 50% of the lanes in the intersection require : replacement, the entire intersection installation may be reconstructed with a different product on the Qualified Products List (QPL) or replaced with conventional pavement. 3. Approximately, one year after project acceptance and every two years thereafter and for the, life 'of the adjacent pavement, only the outside traffic lane areas of each patterned crosswalk shall be tested for friction resistance in accordance with ASTM E274-prASTME 1911. Friction resistance shall, at a minimum, have a FN40R value ,of 30'(or equivalent). 4: `'The results of all friction tests shall be sent to the Operations Engineer at the local FDOT District Four Operations Center located at Treasure Coast Operations, 3601 Oleander Avenue, Fort Pierce, FL 34982 (772) 465-7396, with a cover letter either certifying, that the crosswalks comply with the minimum friction criteria, or stating what remedial action will be taken to restore the friction. 5. Failure to achieve the minimum resistance shall require all lanes of the crosswalk to be friction tested to determine the extent of the deficiency. All deficient areas shall be removed to their full extent (lane -by -lane) and replaced with the same product https://fldot-my.sharepoint.com/personal/mya_wi IIiams dot state _fl_us/DOCLlments/Shared with Everyone/Local Program Agreements in REVIEW/LFA, /Indian River/City of Sebastian/watermarked MOA Patt Pavt - Sebastian - 9.29.22.docx 278 of 329 SECTION No.: 88010000 FM No. (s): 432325-1-52-01 COUNTY: Indian River S.R. No.: SR 5 installed initially. If the Department determines that more than 50% of the lanes in the intersection require replacement, the entire intersection installation may be reconstructed with a different product on the QPL, or replaced with conventional pavement. 6. When remedial action is required in accordance with the above requirements, the local agency shall complete all necessary repairs at its own expense within 90 days of the date when the deficiency was identified. No more than two full depth patterned pavement repairs shall be made to an area without first resurfacing the der.Lying pavement to 1" minimum depth. .. 7. The Department will not be responsible for replacing the treatmen�t �pJfowing any construction activities by the Department in the vicinity of the trea a .`t;or any costs for testing. c J 8. Should the local agency fail to satisfactorily perform any, re jUired remedial work or testing in accordance with this agreement, the Deparimennt reserves the right to replace the patterned pavement with conventional pavement (matching the adjacent pavement) and bill the local agency for this cost. `= f .. l i �1 1" �i https://ftdot-my.sIiarc,point.com/personaINnya_wiIliarns_dot stale fl us/D6CUments/Shared with Everyone/Local Program Agreements in REVIEW/LJ'As/Indian River/City of Sebastian/watermarked MOA Patt Pavl - Sebastian - 9.29.22.docx 279 of 329 SECTION No.: 88010000 FM No. (s): 432325-1-52-01 COUNTY: Indian River S.R. No.: SR 5 EXHIBIT E RESOLUTION ` This Exhibit forms an integral part of the DISTRICT FOUR (4) .}iA`FtDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT between the 4Sa�,Ie` of Florida, Department of Transportation and the AGENCY. Please see attached t.•<' j ' (Will be provided by City), r� CA 1 . https:llfldot- my. share poi nt.com'persona Vn)ya_wi Ili ams dot state fl_us/Documents/Shared with Everyone/Local Program Agreements in REVIEW/LFAs/Indian River/City of Sebastian/watermarked MOA Patt Pavt - Sebastian - 9.29.22 docx 280 of 329 SECTION No.: 88010000 FM No. (s): 432325-1-52-01 COUNTY: Indian River S.R. No.: SR 5 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATATION DISTRICT FOUR HARDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this day of 20_, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component AGENCY of the State of Florida, hereinafter called the DEPARTMENT and the CITY OF SEBASTIAN, a municipal corporation, existing under the Laws of Florida, hereinafter called the AGENCY. WITNESSETH: WHEREAS, the DEPARTMENT has jurisdiction over State Road 5 (US 1) as part of the State Highway System as described in Exhibit "A"; and WHEREAS, the DEPARTMENT seeks to install and have maintained by the AGENCY certain hardscape improvements within the right of way of State Road 5 (US 1) as described within Exhibit "B"; and WHEREAS, as part of the continual updating of the State of Florida Highway System, the DEPARTMENT, for the purpose of safety, protection of the investment and other reasons, has constructed and does maintain the highway facility as described in Exhibit "A" (attached hereto and incorporated by reference herein) within the corporate limits of the AGENCY; and WHEREAS, the Department and the Agency signed an agreement dated February 8, 1994, for State Road 5 landscaped medians from south to north City limits, and WHEREAS, the Department and the Agency signed an agreement dated June 15, 2015, for landscape and irrigation on State Road 5 from eastbound County Road 512 (MP 18.845) to Martin Avenue (MP 19.156), and WHEREAS, the intent of this Agreement is to supplement the 1994 and 2015 agreements for State Road 5 (US 1) from CR 512 Eastbound (M.P. 18.823) to North of North Central Avenue (M.P. 19.971) for the hardscape improvements indicated in Exhibit "B". The maintenance responsibilities for the areas and items identified in the 1994 and 2015 agreements shall continue and not be impacted by this Agreement; and WHEREAS, the AGENCY is agreeable to maintaining those improvements within the AGENCY'S limits including hardscape to the medians and areas outside the travelway to the right of way line and/or areas within the travelway that may contain specialty surfacing (concrete pavers, color stamped concrete and color stamped asphalt [also known as patterned pavement]) including any other hardscape (if applicable), but excluding standard concrete sidewalk; and agrees such improvements shall be maintained by periodic litter pick-up, and/or repairs associated with the specialty surfacing as needed; and WHEREAS, it is the intent of the AGENCY and the DEPARTMENT that the AGENCY shall maintain all right of way within the medians, outside the travelway and improvements made to the travelway that was made at the request of the AGENCY; and S 1Transportation Developmenl\Designdn-House Desigr1andscape Architecture\AGREEMENTS\1 M0A\SEBASTIAN\432325- 1\MOA Patl Pavl - Sebastian - final.dou 281 of 329 WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party; and WHEREAS, the AGENCY, by Resolution No. dated 20_, attached hereto and by this reference made a part hereof in Exhibit "E", desires to enter into this Agreement and authorizes its officers to do so; NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: 1. The recitals set forth above are true and correct and are deemed incorporated herein. 2. INSTALLATION OF FACILITIES The DEPARTMENT shall install or caused to be installed hardscape improvements on the highway facilities substantially as specified in plans and specifications hereinafter referred to as the Project(s) and incorporated herein as referenced in Exhibit "B". Hardscape shall mean, but not be limited to, any non-standard roadway, sidewalk, median or crosswalk specialty surfacing, including concrete pavers, color stamped concrete, color stamped asphalt (also known as patterned pavement), and brick paver detectable warnings. If there are any major changes to the plan(s), the DEPARTMENT shall provide the modified plan(s) to the AGENCY and the AGENCY shall provide their approval or disapproval to the DEPARTMENT within 10 business days. The DEPARTMENT may elect to withdraw the hardscape improvements if changes are not approved within the given time frame. 3. MAINTENANCE OF FACILITIES A. The AGENCY agrees to maintain the improvements, as existing and those to be installed, within the physical limits described in Exhibit "A" and as further described in Exhibit "B". The non-standard improvements within and outside the travelway shall be maintained by the AGENCY regardless if the said improvement was made by the DEPARTMENT, the AGENCY, or others authorized pursuant to section 7. Periodic repairs or any concrete replacement associated with specialty surfacing (if applicable) shall follow the DEPARTMENT'S safety and maintenance guidelines and Exhibit "D", Patterned Pavement Maintenance. The AGENCY'S responsibility for maintenance shall include all hardscape areas on the sidewalk or within the medians, areas outside the travelway to the right-of-way, and/or areas within the travelway containing specialty surfacing. It shall be the responsibility of the AGENCY to restore an unacceptable ride condition of the roadway caused by the differential characteristics of non-standard travelway surfacing and the associated header curb and concrete areas (if applicable) on DEPARTMENT right-of-way within the limits of this Agreement. B. Such maintenance to be provided by the AGENCY is specifically set out as follows: to maintain, which means to keep the hardscape areas clean, free from weeds and to repair said hardscape as is necessary to prevent a safety hazard. To maintain also means to keep the header curbs that contain the specialty surfacing treatment in optimum condition. To maintain also means to keep litter removed from the median and areas outside the travel way to the right of way line. Any changes to the original plans shall be submitted by permit application to the DEPARTMENT for review and approval. S.\Transportation Development\Design\In-Flouse Design\Landscape ArchitecturOAGREEMENTS\1 MOA\S[BAST IAN\432325- 1\MOA Patt Pavt - Sebastian - final.docx 282 of 329 C. The maintenance functions to be performed by the AGENCY may be subject to periodic inspections by the DEPARTMENT at the discretion of the DEPARTMENT. Such inspection findings will be shared with the AGENCY and shall be the basis of all decisions regarding repayment, reworking, or Agreement termination. The AGENCY shall not change or deviate from said plans without written approval of the DEPARTMENT. 4. DEPARTMENT ACCESS TO FACILITIES The DEPARTMENT will periodically need access to various features within the limits of this agreement. Upon request of the DEPARTMENT, the AGENCY will have 14 calendar days to provide access to the items noted by the DEPARTMENT. This may require temporary or permanent removal of improvements such as hardscape, landscape or other items conflicting with the items to which the Department needs access. Should the Agency fail to remove or relocate items as requested, the Department may: (a) Remove conflicting improvements or any portion thereof. (b) Restore the area with any material meeting Department standards (c) Bill the Agency for any costs associated with removal and/or replacement of the improvements. Failure to cooperate with the Department may be considered in decisions on future requests for installations within Department facilities. 5. NOTICE OF MAINTENANCE DEFICIENCIES A. If at any time after the AGENCY has undertaken the maintenance responsibilities for the improvements, it shall come to the attention of the DEPARTMENT'S District Secretary that the limits, or a part thereof, are not properly maintained pursuant to the terms of this Agreement, said District Secretary may at his/her option, issue a written notice that a deficiency or deficiencies exist(s), by sending a certified letter to the AGENCY, placing said AGENCY on notice thereof. Thereafter the AGENCY shall have a period of thirty (30) calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time, the DEPARTMENT may at its option, proceed as follows: (1) Maintain the hardscape improvements or any part thereof, with DEPARTMENT or Contractor's personnel and invoice the AGENCY for expenses incurred, and/or (2) At the discretion of the DEPARTMENT, terminate the Agreement in accordance with Paragraph 9 of this Agreement and remove, by the DEPARTMENT or Contractor's personnel, all of the hardscape improvements installed under this Agreement or any preceding Agreements, and charge the AGENCY the reasonable cost of such removal. B. The AGENCY agrees to reimburse the DEPARTMENT all monies expended by the DEPARTMENT for the hardscape improvements listed in Exhibit "B" in the amounts S \Transportation Development0esign0-1-10use Dcsign\Landscape Architeclure\AGREEMENTS\1 MOA\SEBASTIAN\432325- 11MOA Patt Pavt - Sebastian - final docx 283 of 329 listed in Exhibit "D" should the hardscape improvement fail to be maintained in accordance with the terms and conditions of this Agreement. 6. FUTURE DEPARTMENT IMPROVEMENTS It is understood between the parties hereto that the hardscape improvements covered by this Agreement may be removed, relocated, or adjusted at any time in the future as determined to be necessary by the DEPARTMENT in order that the adjacent state road be widened, altered, or otherwise changed to meet future criteria or planning needs of the DEPARTMENT. The AGENCY shall be given sixty (60) calendar days' notice to remove said hardscape improvements at AGENCY'S expense after which time the DEPARTMENT may remove same. All permits, fees, and any mitigation associated with the removal, relocation or adjustments of these improvements are the maintaining AGENCY'S responsibility. 7. FUTURE AGENCY IMPROVEMENTS The AGENCY may construct additional hardscape improvements within the limits of the improvements rights of ways identified herein, subject to the following conditions: (a) Plans for any new hardscape improvements shall be subject to approval by the DEPARTMENT. The AGENCY shall not change or deviate from said plans without written approval by the DEPARTMENT. (b) The AGENCY shall procure a permit from the DEPARTMENT. (c) All hardscape improvements shall be developed and implemented in accordance with appropriate state safety and roadway design standards. (d) The AGENCY agrees to comply with the requirements of this Agreement with regard to any additional hardscape improvements it chooses to have installed and there will be no cost to the DEPARTMENT. 8. ADJACENT PROPERTY OWNER IMPROVEMENTS The DEPARTMENT may allow an adjacent property owner to construct additional hardscape improvements within the limits of the rights of way identified in Exhibit "A" of this Agreement and the AGENCY shall be responsible for maintaining those improvements under this Agreement subject to the following conditions: (a) Plans for any new hardscape improvements shall be subject to approval by the DEPARTMENT and shall require a valid permit attached with a letter of consent to said plans by the AGENCY. The plans shall not be changed or deviated from without written approval by the DEPARTMENT and the AGENCY. (b) All hardscape improvements shall be developed and implemented in accordance with appropriate state safety and roadway design standards. (c) The AGENCY agrees to comply with the requirements of this Agreement with regard to any additional hardscape improvements installed by an adjacent owner. S \Transportation Development\Design\In-House Design\Landscape ArchltecturclAGREEMENTS\1 MOAISEBASTIAN\432325- 1\M0A Patt Pavt - Sebastian - final.docx 284 of 329 9. HARDSCAPE IMPROVEMENTS COST The DEPARTMENT agrees to enter into a contract for the installation of the hardscape improvements with an estimated amount of $446,400.00 as referenced in Exhibit "C". This amount may be reduced or eliminated at the sole discretion of the DEPARTMENT or due to budgetary constraints of the DEPARTMENT. The DEPARTMENT'S participation in the hardscape improvements' cost, as described in Exhibit "C" is limited to only those items which are directly related to the hardscape improvement plans. The AGENCY shall be invited to assist the DEPARTMENT in the final acceptance of the hardscape improvements by the DEPARTMENT associated with the roadway construction project. 10. AGREEMENT TERMINATION In addition to those conditions otherwise contained herein, this Agreement may be terminated under any one (1) of the following conditions: (a) By the DEPARTMENT, if the AGENCY fails to perform its duties under this Agreement, following ten (10) days written notice. (b) By the DEPARTMENT, for refusal by the AGENCY to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the AGENCY in conjunction with this Agreement. 11. AGREEMENT TERM A. The term of this Agreement commences upon execution by all parties. The term of this Agreement shall remain in effect for as long as the hardscape items exist. B. If the DEPARTMENT chooses not to implement the hardscape improvements described in Exhibit "B", this Agreement becomes void and the original Agreement is reinstated if any. 12. LIABILITY AND INSURANCE REQUIREMENTS A. With respect to any of the AGENCY'S agents, consultants, sub -consultants, contractors, and/or sub -contractors, such party in any contract for the hardscape improvements shall agree to indemnify, defend, save and hold harmless the DEPARTMENT from all claims, demands, liabilities, and suits of any nature arising out of, because of or due to any intentional and/or negligent act or occurrence, omission or commission of such agents, consultants, subconsultants, contractors and/or subcontractors. The AGENCY shall provide to the DEPARTMENT written evidence of the foregoing upon the request of the DEPARTMENT. It is specifically understood and agreed that this indemnification clause does not cover or indemnify the DEPARTMENT for its own negligence. B. In the event that AGENCY contracts with a third party to provide the services set forth herein, any contract with such third party shall include the following provisions: SATransportation Development\Dcsign\In-House Design\Landscape Architecturc\AGREEMENTS\l MOA\SEESASTIAN\432325- 1\N10A Patt Pavt - Sebastian - final.dacx 285 of 329 (1) AGENCY'S contractor shall at all times during the term of this Agreement keep and maintain in full force and effect, at contractor's sole cost and expense, Comprehensive General Liability with minimum limits of $1,000,000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability and Worker's Compensation insurance with minimum limits of $500,000.00 per Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability and Worker's Compensation policy without restrictive endorsements, as filed by the Insurance Services Office and shall name the DEPARTMENT as an additional insured on such policies. (2) AGENCY'S contractor shall furnish AGENCY with Certificates of Insurance of Endorsements evidencing the insurance coverage specified herein prior to the beginning performance of work under this Agreement. (3) Coverage is not to cease and is to remain in full force and effect (subject to cancellation notice) until all performance required of AGENCY'S contractor is completed. All policies must be endorsed to provide the DEPARTMENT with at least thirty (30) days' notice of cancellation and or/or restriction. If any of the insurance coverage will expire prior to the completion of work, copies of renewal policies shall be furnished at least (30) days prior to the date of expiration. 13. E-VERIFY REQUIREMENTS The AGENCY shall: (a) Utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the AGENCY during the term of the contract; and (b) Expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 14. SUPERSEDED AGREEMENTS This writing embodies the entire Agreement and understanding between the parties hereto and there are no other Agreements and understanding, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 15. FISCAL TERMS The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from the Comptroller of the DEPARTMENT that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one (1) year, but any contract so made shall be executory S:\Transportation Dove lopmenl\Design\In-House Design\Landscape Architect ure\P,GRLLMLNTS\1 MOA\SEQASTIAN\432325- 11MOA Patt Pavt - Sebastian - final.docx 286 of 329 only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the DEPARTMENT which are for an amount in excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) and which have a term for a period of more than one year. 16. DISPUTES The DEPARTMENT'S District Secretary shall decide all questions, difficulties and disputes of any nature whatsoever that may arise under or by reason of this Agreement, the prosecution or fulfillment of the service hereunder and the character, quality, amount and value thereof; and his decision upon all claims, questions and disputes shall be final and conclusive upon the parties hereto. 17. ASSIGNMENT This Agreement may not be assigned or transferred by the AGENCY in whole or part without the consent of the DEPARTMENT. 18. LAWS GOVERNING This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail. The AGENCY agrees to waive forum and venue and that the DEPARTMENT shall determine the forum and venue in which any dispute under this agreement is decided. 19. NOTICES Any and all notices given or required under this Agreement shall be in writing and either personally delivered with receipt acknowledgement or sent by certified mail, return receipt requested. All notices shall be sent to the following addresses. If to the DEPARTMENT: Florida Dept. of Transportation 3400 West Commercial Blvd. Ft. Lauderdale, FL 33309-3421 Attn: District IV Landscape Architect 20. LIST OF EXHIBITS If to the AGENCY: City of Sebastian 1225 Main Street Sebastian, FL 32958 Attn: Paul Carlisle cc: City Attorney Exhibit A: Roadway Project Location and Hardscape Maintenance Boundaries Exhibit B: Hardscape Improvement Plans Exhibit C: Approximate Cost for Hardscape Improvements Exhibit D: Patterned Pavement Maintenance Exhibit E: Resolution SATransportation Development\DcsigOn-Hawse Design\Landscape Architcc1urc1AGRLLMLNTS\1 MOA\SEDASTIAN\432325- 1\MOA Patt Pavt - Sebastian - final dou 287 of 329 IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first above written. AGENCY By: Chairperson/Mayor/Manager Attest: (SEAL) Clerk Legal Approval Date STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Date: Steven C.Braun Transportation Development Director Attest: (SEAL) Executive Secretary Legal Review Date Office of the General Counsel S:\Transporlation Development\Designlln-House Design\Landscape Architecture\AGREEMENTS\1 MOA\SEBAST IAN\432325- 11MOA Patt Pavt - Sebastian - final.docx 288 of 329 SECTION No.: 88010000 FM No. (s): 432325-1-52-01 COUNTY: Indian River S.R. No.: SR 5 EXHIBIT A ROADWAY PROJECT LOCATION AND HARDSCAPE MAINTENANCE BOUNDARIES I. ROADWAY PROJECT LOCATION: State Road 5 (US 1) from Harrison Street (M.P. 18.737) to South of Davis Street (M.P. 20.232) II. LIMITS OF MAINTENANCE FOR HARDSCAPE IMPROVEMENTS: Hardscape improvements within the limits of State Road 5 (US 1) from Sebastian Boulevard (CR 512 Eastbound) (M.P. 18.823) to North of North Central Avenue (M.P. 19.971) III. HARDSCAPE MAINTENANCE BOUNDARY MAP: See Attached S:\Transportation Development0csignlln-House Design\Landscape Archltecture\AGREEMENTS\1 1,40A\SEBASTIAN\432325- 1\M0A Patt Pavt - Sebastian - final.docx 289 of 329 1005 SR 5 / US I 1010 i P ! 1015 1020 SR S / US 1 1025 LEGEND: '(''� 1045 SR 5 / US 1 _____ _1050 l ^^ T y r .---_ ___— I _---E_---------------------------------- -'- S c iwrroN g T _ 1055 1060� sR s / Us 1 7065 Y v :� • � f/vISIQRS I ��. n..r.�.n- �r uv.....w Ip�V0 Et'fG INFER AF Rf[d 11 STAff OT /).(IRJDA M LfRll[T4 I.f pBTAICT.Y6'.vT (ATRA.\3/vMTAT)6v I SM(LT Ip. pf U(EMSE RUrlfR SK➢) I „ram ca..Rll DI 'I 14 ♦ Nc BOUNDARY AMP { S • I I )S VISIA I,— II FS1 fAIN BA(N. Fi 7)111 I SR ! I INp1AN RNER I U)))S•1ST01 290 of 329 SECTION No.: 88010000 FM No. (s): 432325-1-52-01 COUNTY: Indian River S.R. No.: SR 5 EXHIBIT B HARDSCAPE IMPROVEMENT PLANS The DEPARTMENT agrees to install the hardscape improvements in accordance with the roadway plans and specifications attached hereto and incorporated herein. Please see attached plans prepared by: John Cerreta, P.E WGI, Inc. Date: 9/21 /2022 S \Transportation Development\Design\In-House Design\Landscape Architect ure\AGRCCMENTS\t MOA\SEBASTIAN\432325- 1\M0A Patl Pavt - Sebastian - final.docx 291 of 329 SECTION No.: 88010000 FM No. (s): 432325-1-52-01 COUNTY: Indian River S.R. No.: SR 5 EXHIBIT C APPROXIMATE COST FOR HARDSCAPE IMPROVEMENTS This Exhibit forms an integral part of the DISTRICT FOUR (4) HARDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT between the State of Florida Department of Transportation and the AGENCY. Anticipated Terms of a Separate Agreement I. FDOT PARTICIPATION: $ 0.00 II. AGENCY PARTICIPATION: $446,400.00 Via Separate Agreement III. APPROXIMATE HARDSCAPE IMPROVEMENT COST: $446,400.00 Amounts are approximate Itemized Cost Estimate for Hardscape Improvements: ITEM # ITEM QNTY UNIT UNIT COST COMMENT PRICE Patterned Parking Stalls and 523-1 Pavement, 3100 SY $ 120.00 $372,000.00 Crosswalks Vehicular Areas $74,400.00 20% Contingency TOTAL APPROXIMATE COST: $ 446,400.00 S \Transportation DevelopmentMesignlln-House Design\Landscape ArchilcclurelAGREEMENTS1 MOAISEQASTIAN1432325- 11MOA Patt Pavt - Sebastian - final.docx 304 of 329 SECTION No.: 88010000 FM No. (s): 432325-1-52-01 COUNTY: Indian River S.R. No.: SR 5 EXHIBIT D PATTERNED PAVEMENT MAINTENANCE This Exhibit forms an integral part of the DISTRICT FOUR (4) MAINTENANCE MEMORANDUM OF AGREEMENT between the State of Florida, Department of Transportation and the AGENCY. "Maintenance" of all patterned pavement crosswalks in these Agreements shall be defined, as a minimum, to include its frictional characteristics and integrity as follows: 1. Within 60 days of project acceptance by the Department, all lanes of each patterned crosswalk shall be evaluated for surface friction. The friction test shall be conducted using either a locked wheel tester in accordance with FM 5-592 (Florida Test Method for Friction Measuring Protocol for Patterned Pavements) or Dynamic Friction Tester in accordance with ASTM E1911. All costs for friction testing are the responsibility of the AGENCY. 2. The initial friction resistance shall be at least 35 obtained at 40 mph with a ribbed tire test (FN40R) or equivalent (FM 5-592 attached). Failure to achieve this minimum resistance shall require all deficient crosswalk areas to be removed to their full extent (land -by -land) and replaced with the same product installed initially. The AGENCY is responsible for all costs associated with the removal and replacement of the crosswalk. If the Department determines that more than 50% of the lanes in the intersection require replacement, the entire intersection installation may be reconstructed with a different product on the Qualified Products List (QPL) or replaced with conventional pavement. 3. Approximately one year after project acceptance and every two years thereafter and for the life of the adjacent pavement, only the outside traffic lane areas of each patterned crosswalk shall be tested for friction resistance in accordance with ASTM E274 or ASTME 1911. Friction resistance shall, at a minimum, have a FN40R value of 30 (or equivalent). 4. The results of all friction tests shall be sent to the Operations Engineer at the local FDOT District Four Operations Center located at Treasure Coast Operations, 3601 Oleander Avenue, Fort Pierce, FL 34982 (772) 465-7396, with a cover letter either certifying, that the crosswalks comply with the minimum friction criteria, or stating what remedial action will be taken to restore the friction. 5. Failure to achieve the minimum resistance shall require all lanes of the crosswalk to be friction tested to determine the extent of the deficiency. All deficient areas shall be removed to their full extent (lane -by -lane) and replaced with the same product SATransportation Development0esignft-House Design\Landscape ArchilecturcAGREEMENTS\1 MOA\SEBASTIAN\432325- 11MOA Patt Pavt - Sebastian - final.docx 305 of 329 SECTION No.: 88010000 FM No. (s): 432325-1-52-01 COUNTY: Indian River S.R. No.: SR 5 installed initially. If the Department determines that more than 50% of the lanes in the intersection require replacement, the entire intersection installation may be reconstructed with a different product on the QPL, or replaced with conventional pavement. 6. When remedial action is required in accordance with the above requirements, the local agency shall complete all necessary repairs at its own expense within 90 days of the date when the deficiency was identified. No more than two full depth patterned pavement repairs shall be made to an area without first resurfacing the underlying pavement to 1" minimum depth. 7. The Department will not be responsible for replacing the treatment following any construction activities by the Department in the vicinity of the treatment, or any costs for testing. 8. Should the local agency fail to satisfactorily perform any required remedial work or testing in accordance with this agreement, the Department reserves the right to replace the patterned pavement with conventional pavement (matching the adjacent pavement) and bill the local agency for this cost. SATransportation Development\Design\In-f louse Design\Landscape Architecture\AGREEMENTS\1 MOA\SEBASTIAN\432325- 1\MOA Patt Pavt - Sebastian - final.docx 306 of 329 SECTION No.: 88010000 FM No. (s): 432325-1-52-01 COUNTY: Indian River S.R. No.: SR 5 EXHIBIT E RESOLUTION This Exhibit forms an integral part of the DISTRICT FOUR (4) HARDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT between the State of Florida, Department of Transportation and the AGENCY. Please see attached (Will be provided by City) S \Transportation Development\Design\In-House Design\Landscape Archltecture\AGREEMENTS\1 MOA\SEBASTIAN\432325- 11MOA Patt Pavt - Sebastian - final docx 307 of 329 THREE PARTY ESCROW AGREEMENT THIS AGREEMENT is made and entered into by and between the State of Florida, Department of Transportation ("FDOT") City of Sebastian, Florida ("Participant"), and the State of Florida, Department of Financial Services, Division of Treasury ("Escrow Agent"), and shall become effective upon the Agreement's execution by Escrow Agent. WHEREAS, FDOT and Participant are engaged in the following project ("Project"): Project Name: SR-5/US-1 FROM HARRISON ST TO S OF DAVIS ST Project #: 432325-1-52-01 County: Indian River County WHEREAS, FDOT and Participant desire to establish an escrow account for the project. NOW THEREFORE, in consideration of the premises and the covenants contained herein, the parties agree to the following: An initial deposit will be made into an interest bearing escrow account established hereunder for the purposes of the Project. The escrow account will be opened with the Escrow Agent on behalf of FDOT upon Escrow Agent's receipt and execution of this Agreement. 2. Other deposits to the escrow account may be made during the life of this agreement. 3. Deposits will be delivered in accordance with instructions provided by the Escrow Agent to the FDOT for deposit into the escrow account. A wire transfer or ACH deposit is the preferred method of payment and should be used whenever possible. 4. FDOT's Comptroller or designee shall be the sole signatory on the escrow account with the Escrow Agent and shall have sole authority to authorize withdrawals from the account. Withdrawals will only be made to FDOT or the Participant in accordance with the instructions provided to the Escrow Agent by FDOT's Comptroller or designee. 5. Moneys in the escrow account will be invested in accordance with section 17.61, Florida Statutes. The Escrow Agent will invest the moneys expeditiously. Income is only earned on the moneys while invested. There is no guaranteed rate of return. Investments in the escrow account will be assessed a fee in accordance with Section 17.61(4)(b), Florida Statutes. All income of the investments shall accrue to the escrow account. 6. Unless instructed otherwise by FDOT, all interest accumulated in the escrow account 308 of 329 shall remain in the account for the purposes of the Project. 7. The Escrow Agent agrees to provide written confirmation of receipt of funds to FDOT. FDOT agrees to provide a copy of such written confirmation to Participant upon request. 8. The Escrow Agent further agrees to provide quarterly reports to FDOT concerning the escrow account. FDOT agrees to provide a copy of such quarterly reports to Participant upon request. 9. The Escrow Agent shall not be liable for any error of judgment or for any act done or omitted by it in good faith, or for anything which it may in good faith do or refrain from doing in connection herewith. 10. Escrow Agent shall have no liability for any claim, cost, expense, damage or loss due to the acts or omissions of FDOT and Participant, nor from any separate agreements between FDOT and Participant and shall have no responsibility to monitor or enforce any responsibilities herein or in any separate agreements associated with this Agreement between FDOT and Participant. 11. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida. 12. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 13. This Agreement shall terminate upon disbursement by the Escrow Agent of all money held by it in the escrow account in accordance with the instructions given by the FDOT;s Comptroller or designee and notification from FDOT to Escrow Agent that the account is to be closed. The remainder of this page is blank. 309 of 329 IN WITNESS WHEREOF, the parties have duly executed the Agreement on the date(s) below. For FDOT-OOC (signature) For PARTICIPANT (signature) Name and Title Name and Title 59-3024028 Federal Employer I.D. Number Federal Employer I.D. Number Date Date FDOT Legal Review: For Escrow Agent (signature) Name and Title Date 310 of 329 L''M CT SEAT, HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: November 21, 2022 Agenda Item Title: New Public Works Facility Lease Recommendation: Staff recommends approving this Ground Lease Agreement for the new Public Works Facility at Sebastian Municipal Airport. Background: The City of Sebastian recently completed the new Public Works Facility on 379,068 SF of grounds at 505 Airport Drive West, on Sebastian Municipal Airport property. Sebastian Municipal Airport operates as an enterprise fund entity under Federal Aviation Administration (FAA) guidelines. Consistent with FAA guidelines, the establishment of the Public Works Facility on airport property calls for a non -aviation land lease between Sebastian Municipal Airport and the City of Sebastian Public Works Department. The lease amount is 15-cents per square foot of property per year, which amounts to $56,860.00 as the annual lease amount. If Agenda Item Requires Expenditure of Funds: Cost: Annual rent of $56,860 Amount Budgeted in Current Fiscal Year: $56,860 Fund to be utilized: General Fund Attachments: 1. Public Works Facility Lease Agreement Administrative Services City Attorney Review: Procurement Division Review, if a1plicable: City Manager Authorization: Date: /�/r// z 311 of 329 PUBLIC WORKS FACILITIES LEASE AGREEMENT BETWEEN CITY OF SEBASTIAN, SEBASTIAN MUNICIPAL AIRPORT AND CITY OF SEBASTIAN, PUBLIC WORKS DEPARTMENT Public Works Building Lease Agreement Page 1 312 of 329 PUBLIC WORKS FACILITIES LEASE THIS LEASE, made and entered into this November 21, 2022, by and between the CITY OF SEBASTIAN MUNICIPAL AIRPORT, , (hereinafter referred to as the "Landlord"), and the CITY OF SEBASTIAN — PUBLIC WORKS DEPARTMENT (hereinafter referred to as the "Tenant"). The Landlord and the Tenant are sometimes collectively referred to herein as the "parties/party." This document contains seventeen (17) pages, plus Schedule "All. WITNESSETH: WHEREAS, the Landlord is the owner of certain property located in the City of Sebastian, Indian River County, Florida; and WHEREAS, certain property is being used for the operation of the Sebastian Municipal Airport (hereinafter referred to as the "Airport"); and WHEREAS, the Landlord has agreed to lease such property to the Tenant subject to certain terms and conditions consistent with or in support of the current aviation use of such property or as the Federal Aviation Administration (FAA), might allow; and WHEREAS, the Tenant desires to lease the said property from the Landlord, and to that end, in consideration of the premises, Tenant agrees to the covenants, terms and conditions to be performed as set forth hereinafter; and NOW, THEREFORE, in consideration of the mutual covenants hereinafter provided, and receipt and sufficiency for consideration of which are hereby acknowledged, the parties have agreed as follows: RECITALS. The stated recitals are hereby incorporated by reference in this Lease Agreement. I. LEASED PREMISES: Subject to the terms and conditions set forth hereinafter, and in accordance with the Principal Guiding Documents for Sebastian Municipal Airport, fully incorporated herein by reference, the Landlord hereby leases to the Tenant and the Tenant hereby rents from the Landlord that portion of the real property, by Tenant, which is described more particularly on Schedule "A" affixed hereto and fully incorporated herein by reference (hereafter referred to as the "Leased Premises"). Pending approval of the underlying land lease agreement by the City Council of the City Of Sebastian, the FDOT, and the FAA it is understood that Tenant shall start paying land lease rent upon the joint execution of this lease. Further, Tenant agrees to `hold harmless' the Landlord for any/all claims, liability, and damages resulting from activities by Tenant during move -in. Public Works Building Lease Agreement Page 2 313 of 329 2. TERM OF LEASE: The term of this Lease shall be for a period of twenty (20) years commencing November 1, 2022, and will end on the 20th anniversary of such date. Tenant shall have the option to extend the lease for additional periods of ten (10) years with agreement by the Landlord. 3. RENT: The parties agree that the rent, payable by the Tenant, during the term of this Lease shall be MONTHLY as follows: (a) The AIRPORT is providing 8.7 Acres of property along Airport Drive West consisting of approximately 379,068 square feet for the Tenant. Base rent shall be at the rate of SO.15 per square foot per year or fifty- six thousand eight hundred sixty dollars (S56,860.00) per year. It is understood that the agreed lease rate is contingent on approval by the Florida Department of Transportation (FDOT) and the Federal Aviation Administration (FAA). In addition, the parties recognize that the purchasing power of the United States dollar is evidenced by the United States Department of Labor, Bureau of Labor Statistics, Index of Consumer Prices. In December 2027, the Landlord will compare the most recent price index with the base price index for that year, and the yearly rent amount shall be increased proportionally based upon changes in the price index, if appropriate, on January 1, 2028. Another such adjustment shall be undertaken for January 1, 2029 and every year thereafter until the expiration date of the lease, including the option period if applicable. (b) Time 1s Of The Essence: The Tenant agrees promptly to perform, comply with and abide by this Lease, and agrees that timely payment is of the very nature and essence hereof. In the event that any rental payment due hereunder shall not be paid within five (5) days of when due, Tenant shall pay Landlord a late payment fee of 5% of the amount of such late Rental Payment. This charge shall be considered additional rent and not interest. (c) Default In Rent: If any of said sums of money herein required to be paid by the Tenant to the Landlord shall remain unpaid ten (10) days after written or verbal demand by Landlord, then the Landlord shall have the options and privileges as follows: (1) Total Acceleration: To accelerate the maturity of the rent installments for the balance of the term. This option shall be exercised by an instrument in writing signed by the Landlord, or its agents, and transmitted to the Tenant notifying them of the intention of the Landlord to declare all unmatured rent installments presently due and payable. Public Works Building Lease Agreement Page 3 314 of 329 (2) Partial Acceleration: In lieu of the option in sub- paragraph (1) above, the Landlord may, in like manner, declare as presently due and payable the unpaid rent installments for such a period of years as may be fixed in the Landlord's said notice to the Tenant. The exercise of this option shall not be construed as a splitting of a cause of action, nor shall it alter or affect the obligations of the Tenant to pay rent under the terms of this Lease for the period unaffected by said notice. (3) Other Remedies: In addition to the options granted above, the Landlord may exercise any and all other options available to it hereunder or under law, which options may be exercised concurrently or separately with the exercise of the above options. However, failure by the tenant to pay rent in a timely manner as required by the terms of this Agreement as a result of conditions beyond its control, such as, but not limited to, acts of civil or military authority (including courts or regulatory agencies), act of God (excluding normal or seasonal weather conditions), pandemic, wars, riot, strikes, fires, floods, or insurrection, inability to obtain required permits or licenses, hurricanes and severe floods, governmental restrictions, power failures, or damage or destruction of any network facilities or, sewers, shall not be deemed a breach of this Agreement. (d) Default In Provisions: If the Tenant shall default in the performance of any other term of this Lease (except the payment of rent), the Landlord, or its agent or employee, shall send to the Tenant a written notice of default, specifying the nature of the default, and the Tenant shall, within thirty (30) days after the date of said notice, cure and remedy said default, whereupon this Lease shall continue as before. If the Tenant shall fail to cure and remedy such default within said time, the Landlord shall have the right to declare, by written notice to the Tenant, that the Lease is in default, and to use all remedies available to the Landlord hereunder or under law. including. but not limited to, those remedies, procedures and rights specified in the other paragraphs of this Lease. 4. TERMINATION FOR CAUSE AND CONVENIENCE: This lease agreement can be terminated immediately for cause if Landlord finds the Tenant has not adhered to the terms and conditions in a satisfactory manner; or for convenience upon thirty (30) days' written notice to the Tenant. The Landlord shall be the sole judge of non-conformance. Public Works Building Lease Agreement Page 4 315 of 329 5. CONSTRUCTION AND IMPROVEMENTS TO THE PREMISES: The Landlord acknowledges that the Tenant may conditionally make improvements to the buildings and property for the primary purpose of oneratina its Public Works duties to the City of Sebastian residents. However, Landlord shall approve the design, features and color(s) of any building improvements. Tenant acknowledges that these improvements, subsequent improvements and construction are owned by Landlord at the term end of lease: (a) The Tenant shall have the right to use the leased premises for any lawful purpose described in Section 6 below, and shall have the right to construct and improve upon the leased premises, provided any such construction and improvements do not, in any way, curtail the use of the airport facilities in their usual operations and are in full compliance of local building codes including applicable building permits. Further any and all such construction and improvements must be pre -approved, in writing, by the City Manager or his designee prior to commencement of any construction. The Tenant covenants and agrees that all such construction and improvements shall be in accordance with the local and state codes, regulations and requirements as well as in accordance with all requirements of the Federal Aviation Administration (FAA) and the Florida Department of Transportation (FDOT). (b) ALL CONSTRUCTION, IMPROVEMENTS AND FIXTURES OF EVERY KIND NOW OR HEREAFTER BUILT, ERECTED OR PLACED ON THE LEASED PREMISES SHALL, AT THE END OF THE TERM OR EARLIER TERMINATION OF THIS LEASE, FOR ANY REASON, BECOME THE PROPERTY OF THE LANDLORD and shall be left in good condition and repair, ordinary wear and damage by the elements excepted. (1) In order to confirm sole ownership to the Landlord, the Tenant shall, at Landlord's request, execute any and all documents of transfer which Landlord deems necessary to perfect title to said improvements, if any. The Tenant agrees that all construction and improvements shall, upon the termination of this Lease for any reason, be free and clear of all encumbrances, liens, and title defects of anv kind. (2) A fixture shall be defined as an article which was a chattel, but which, by being physically annexed or Public Works Building Lease Agreement Page 5 316 of 329 affixed to the realty by the Tenant and incapable of being removed without structural or functional damage to the realty, becomes a part and parcel of it. Non -fixtures personally owned by the Tenant at the expiration of the term or earlier termination of this Lease, for any reason, shall continue to be owned by Tenant and, at its option, may remove all such personal property, provided the Tenant is not then in default of any covenant or condition of this Lease; otherwise, all such property shall remain on the leased premises until the damages suffered by the Landlord from any such default have been ascertained and compensated. Any damage to the leased premises caused by the removal by Tenant of any such personal property shall be repaired by Tenant forthwith at Tenant's expense. 6. USE OF LEASED PREMISES: The Tenant agrees that no use of the leased premises will be conducted in such a manner as to constitute a nuisance or a hazard and that, in connection with the use of the leased premises, the Tenant will observe and comply with all applicable laws, ordinances, orders and regulations prescribed by lawful authorities having jurisdiction over the leased premises. Tenant will abide by the Principal Guiding Documents for Sebastian Municipal Airport. Tenant agrees that the LEASED PREMISES SHALL BE USED BY THE TENANT FOR THE PURPOSE OF Public Works and Facilities Maintenance functions for the Citv of Sebastian. No other use may be conducted by the Tenant without the express written consent of the Landlord. Such consent may be withheld by the Landlord for any reason. All business and activities must be certified and licensed by appropriate agencies, including the FAA, in the appropriate categories of their specific operation The outside area of property shall be kept in a clean and uncluttered appearance. 7. REPAIRS AND ALTERATIONS: The Landlord shall not be obligated to maintain or repair the leased premises or any improvements located thereon or any part thereof during the lease term or any renewal thereof. The Tenant agrees, at its sole cost and expense, to maintain all of the leased premises. The Tenant shall keep the leased premises in a good state of maintenance and repair and keep the leased premises in a clean and orderly condition in accordance with local ordinances, including but not limited to, the Sebastian Land Development Code and all other community standards ordinances. It is an express condition of this Lease that the leased premises are kept in an attractive mariner at all times. Upon obtaining the prior written consent of the Landlord, which consent may be withheld for any reason, the Tenant, at its sole cost and expense. may construct or erect such additional improvements on the leased premises as it deems appropriate and may make such improvements alterations or major Public Works Building Lease Agreement Page 6 317 of 329 renovations to the existing improvements as it deems appropriate, provided, that such improvements, alterations or renovations shall not disturb the structural integrity of such existing improvements, and provided that the alterations or renovations shall comply with all applicable governmental regulations. The Tenant shall indemnify, defend and hold the Landlord harmless from any claims, losses, damages or liens arising out of or in any way connected with such improvement, alterations, additions or renovations. . The Tenant agrees NOT to dispose of hazardous wastes in the dumpster(s). 8. UTILITIES: The Tenant shall be responsible for all costs of electricity, Iights, water, sewer, air conditioning, heat, phone, internet, or any other utility or service consumed in connection with the leased premises. Utility services shall be charged by the appropriate agency to Tenant by separate meters). The Landlord shall have no liability for the failure to procure, or the interruption of. anv such services or utilities. 9. SIGNS:. The Tenant shall have the right to erect and maintain signage on the premises as may be permitted by applicable law. The Landlord may impose any reasonable restrictions as, in the sole discretion of the Landlord, are deemed necessary and in accordance with City of Sebastian's Land Development Codes and Code of Ordinances. 10. LIABILITY INSURANCE: The Tenant shall provide and keep in force, at its own expense, during the tenn of this Lease, comprehensive uublic liability insurance coverage with respect to the leased premises and operations thereupon. The insurance coverage to be maintained by the Tenant shall contain limits of: (a) Bodily Injury and Property Damage - $2,000,000 Combined Single Limits. (b) Products and Completed Operations Liability (if applicable) - $2,000,000 Combined Single Limit. (c) Insurance in the full replacement value of all Personal Property, Equipment, and Trade Fixtures on the Leased Premises. (d) Chemical Liability Insurance (if applicable) — minimum of $1,000,000 Combined Single Limit. (e) For Fueling Operations - a Comprehensive Liability policy indicating that the coverage includes owner's fueling/defueling operations with fueling equipment owned and/or operated by the Tenant. The minimum shall be $2,000,000 Combined Single Limit for Bodily Injury and Property Damage. (f) Automobile Liability Insurance: Each service provider operating one or more motor vehicles on the premises in the performance of Public Works Building Lease Agreement Page 7 318 of 329 their work shall purchase and maintain Automobile Liability Insurance with policy limits of not less than $300,000 Combined Single Limit. Service providers having unescorted access to the Airport Operations Area at the Sebastian Municipal Airport shall purchase and maintain Automobile Liability Insurance with policy limits of not less than $1,000,000 Combined Single Limit. (g) Builder's Risk - During any of Tenants construction on a leased site, the Tenant, its employees, Sub -Tenants, agents or contractors shall furnish Builder's Risk Insurance insuring the contract price, with the City listed as the named insured. Any deductibles under the builder's risk policy shall be the responsibility ofthe Tenant, its employees, Sub -Tenants, agents or contractors. (h) Workers' Compensation Insurance: as required by Florida Statutes: Tenant agrees that, should there be an expansion of the use or occupancy beyond the primary use set forth herein, Landlord may alter the minimum amounts stated in the preceding sentence during the term of this Lease by resolution of the City Of Sebastian City Council. Landlord will give written notice of any such change to Tenant, and such changes will take effect immediately. Any policy or policies of insurance required pursuant to this Lease shall be issued by one or more insurance companies authorized to engage in business in the State of Florida. The Tenant shall supply the Landlord with a certificate of such insurance with evidence of the payment of the premium thereon. All policies described in this Paragraph shall contain a clause preventing cancellation of any coverage before thirty (30) days written notice to the Landlord and shall name the Landlord as an additional insured. Upon the request of the Landlord, the Tenant shall provide copies of said policies to the Landlord. 11. PROPERTY, FIRE AND EXTENDED COVERAGE INSURANCE. The Landlord maintains insurance against loss from fire, wind, etc. The Tenant, at its discretion, can insure the leased premises for all its contents, list the Landlord as an additional insure and provide proof thereof. However, the Landlord shall have no obligation to keep the leased premises contents insured nor shall the Landlord have any obligation to insure any personal property used in connection with the leased premises. Any policy or policies of insurance required pursuant to this Lease shall be issued by one or more insurance companies authorized to engage in business in the State of Florida. All policies described in this Paragraph shall contain a clause preventing cancellation of any coverage before thirty (30) days written notice to the Landlord and shall name the Landlord as an additional insured. Upon the request of the Landlord, the Tenant shall provide copies Public Works Building Lease Agreement Page S 319 of 329 of said policies to the Landlord. In the event that the Tenant's use and occupancy of the premises causes any increase in the premium for any property casualty or fire insurance maintained by Landlord on the Leased Premises or any portion thereof, Tenant shall reimburse Landlord for the amount of said increase within thirty (30) days of notice of the same. 12. DAMAGE OR DESTRUCTION OF IMPROVEMENTS BY FIRE OR OTHER CASUALTY. In the event the leased premises and/or other improvements are destroyed or damaged by fire or other casualty, the Tenant, at its option, agrees that it will cause said leased premises and/or other improvements to be replaced or said damage to be repaired as rapidly as practicable. In the event the Tenant, under its option, elects not to repair the leased premises, the Tenant shall, at its sole expense, immediately surrender possession of the premises and all facilities thereon. Tenant shall have the right to remove all remaining personal property used in connection with the leased premises immediately provided any damages in removal are repaired by the Tenant at the Tenant's sole cost. Anv personal vrovertv not removed within thirtv (30) days shall be vresumed abandoned. The cost of removing any such abandoned property that the City deems unusable shall be indemnified to Landlord by Tenant. The Landlord, as an additional insured, shall have a claim against any insurance proceeds paid to the Tenant on account of such damage and/or destruction. In such instance, the Tenant shall be responsible for reimbursing the City any insurance deductibles or costs, including attorneys' fees or such other services the City may incur in initiating and completing the removal of the damaged premises and/or other improvements. The Landlord, or its agent or employee, shall send to the Tenant a written notice, specifying the nature of cost being claimed, and the Tenant shall pay such amount, within thirty (30) days, after the date of such notice. This paragraph shall survive the termination or cancellation of the lease. However, the Landlord shall not have any responsibility or obligation to make any expenditure toward the repair and/or replacement of the leased premises and other improvements on the leased premises. (a) If the Tenant, under its option, elects not to repair the leased premises, either party may choose to cancel the Lease; if either party elects to cancel the Lease, the Landlord, as an additional insured, shall be entitled to that portion of the insurance proceeds paid as a result of such damage and/or destruction to the building and other improvements on the leased premises. (b) In the event the Tenant, under its option, elects not to repair the leased premises, the Tenant shall, at its sole expense, remove all remaining personal property used in connection with the leased premises immediately. 13. INDEMNIFICATION: The Tenant shall indemnify, defend and hold Public Works Building Lease Agreement Page 9 320 of 329 harmless the Landlord, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Tenant and other persons employed or utilized by the Tenant in the performance of the agreement; regardless of the negligence of the indemnitee or its officers, directors, agents, or employees. However, such indemnification shall not include claims of, or damages resulting from, gross negligence, or willful, wanton or intentional misconduct of the indemnitee or its officers, directors, agents or employees. Upon request of the Landlord, the Tenant shall, at no cost or expense to the Landlord, indemnify and hold the Landlord harmless of any suit asserting a claim for any loss, damage or liability specified above, and Tenant shall pay any cost and reasonable attorneys' fees that may be incurred by the Landlord in connection with any such claim or suit or in enforcing the indemnity granted above. Nothing in this agreement shall be construed as the Landlord waiving its sovereign immunity pursuant to 768.28, et seq., Florida Statutes, or any other sovereign or governmental immunity. 14.FORCE MAJEURE EVENT: Neither party shall be considered to be in default in the performance of its obligations under this Agreement, except obligations to make payments with respect to amounts already accrued, to the extent that performance of any such obligations is prevented or delayed by any cause, existing or future, which is beyond the reasonable control, and not a result of the fault or negligence of, the affected party (a "Force Majeure Event"). If a party is prevented or delayed in the performance of any such obligations by a Force Majeure Event, such party shall immediately provide notice to the other party of the circumstances preventing or delaying performance and the expected duration thereof. Such notice shall be confinned in writing as soon as reasonably possible. The party so affected by a Force Majeure Event shall endeavor, to the extent reasonable, to remove the obstacles which prevent performance and shall resume performance of its obligations as soon as reasonably practicable. A Force Majeure Event shall include, but not be limited to, acts of civil or military authority (including courts or regulatory agencies), act of God (excluding normal or seasonal weather conditions), pandemic, war, riot, or insurrection, inability to obtain required permits or licenses, hurricanes and severe floods. 15. ENVIRONMENTAL MATTERS: The Tenant hereby agrees to indemnify, defend and hold the Landlord harmless from and against any and all claims, lawsuits, losses, liabilities, damages, and expenses (including, without limitation, clean-up costs and reasonable attorney's fees) resulting directly, or indirectly, from out of, or by reason of, any hazardous or toxic materials, substances, pollutants, contaminants, petroleum products, hydrocarbons or wastes being located on the property and being caused by the Tenant, Sub -Tenants, agents, assigns, guests, invitees, or users of leased premises. The presence of said Public Works Building Lease Agreement Page 10 321 of 329 substance or materials on the leased premises shall raise the presumption that Tenant is the cause of such presence. This Paragraph shall survive the termination, or cancellation, of the Lease. 16. PREVENTION OF USE OF THE PREMISES: If, after the effective date of this Lease, the Tenant is precluded or prevented from using the leased premises for those primary purposes identified in Section 5 of this Lease, by reason of any zoning law, ordinance or regulation of any authority having jurisdiction over the leased premises and such prohibition shall continue for a period in excess of ninety (90) consecutive days, the Landlord may allow the Tenant to terminate this Lease. The right to terminate this Lease must be granted by the Landlord, in writing, before the Tenant shall be released from its obligations under the terms of this Lease. 17. GOVERNMENT SEIZURE: In the event the United States Government, or any agency or subdivision thereof, at any time during the term of this Lease takes over the operation or use of the airfield and/or AIRPORT which results in the Tenant being unable to operate under the terms of the Lease, then the Lease may be extended upon mutual agreement of the Tenant and the Landlord for an additional period equal to the time the Tenant has been deprived of the value of this Lease. If the duration of the seizure exceeds ninety (90) consecutive days, the Landlord, at the Landlord's sole discretion, may terminate this Lease. 18. EMINENT DOMAIN: If all or any part of the leased premises shall be taken under a power of eminent domain, the compensation or proceeds awarded for the taking of the leased premises shall belong to the Landlord. If the taking is to such an extent that it is impracticable for the Tenant to continue the operation of its business on the leased premises, the Lease, at the option of the Landlord, may be terminated. Nothing herein shall prevent the Landlord and/or the Tenant from seeking any and all damages sustained from the condemning authority by reason of the exercise of the power of eminent domain. 19. DEFAULT BY TENANT: As used in this Lease, the term, "event of default", shall mean any of the following: a) The failure of the Tenant to fulfill any duty or obligation imposed on the Tenant by the Lease; (b) The appointment of a receiver or the entry of an order declaring the Tenant bankrupt or the assignment by the Tenant for the benefit of creditors or the participation by the Tenant in any other insolvency proceeding; (c) The Tenant's failure to pay any consideration, to the Landlord, Public Works Building Lease Agreement Page 11 322 of 329 required by this Lease; (d) The taking of the leasehold interest of the Tenant hereunder pursuant to an execution on a judgment; (e) The Tenant's abandonment of any substantial portion of the leased premises. "Abandonment" shall be determined by the Landlord; (f) The Tenant or any guarantor of Tenant's obligations hereunder, filing a petition for bankruptcy or being adjudged bankrupt, insolvent, under any applicable federal or state bankruptcy or insolvency law, or admitting that it cannot meet its financial obligations as they become due, or having a receiver or trustee appointed for all or substantially all of the assets of Tenant or any Tenant's obligations hereunder; (g) The Tenant or any guarantor of the Tenant's obligations hereunder making a transfer in fraud to creditors or making an assignment for the benefit of creditors; (h) The Tenant doing any act resulting in a lien being filed against the leased premises or the property which is not released of record within thirtv (30) days of the date initially recorded in the Public Records of Indian River County, Florida. Each party covenants and agrees that it has no power to incur any indebtedness giving a right to a lien of any kind or character upon the right, title and interest of the other party in and to the property covered by this Lease, and that no third person shall ever be entitled to any lien, directly or indirectly, derived through or under the other party, or its agents or servants, or on account of any act of omission of said other party. All persons contracting with the Tenant or furnishing materials or labor to said Tenant, or to its agents or servants, as well as all persons whomsoever, shall be bound by this provision of this Lease. Should any such lien be filed, the Tenant shall discharge the same by payment or by filing a bond, or otherwise, as permitted by law. The Tenant shall not be deemed to be the agent of the Landlord so as to confer upon a laborer bestowing labor or supplies upon the leased premises a mechanic's lien upon the Landlord's property or Sebastian Municipal Airport under the provisions of the Florida Statutes, or any subsequent revisions thereof (i) The liquidation, termination, death or dissolution of the Tenant or all Guarantors of the Tenant's obligations hereunder. (j) The Tenant shall be in default of any other term, provision or covenant of this Lease, other than those specified in subparts (a) through (i) above. Upon the happening of any "event of default", the Landlord may, at its option, terminate this Lease and expel the Public Works Building lease Agreement Page 12 323 of 329 The Tenant acknowledges that the Landlord is required by law to operate under an Airport Master Plan and the Tenant covenants that he will use the leased premises consistent with the Airport Master Plan. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Karen Miller, Public Works Director Date Paul E. Carlisle, City Manager Date Approved as to form and legality for Reliance by the City of Sebastian only: Manny Anon, Esq., City Attorney Date Attest: City Clerk (seal) Public Works Building Lease Agreement Page 17 328 of 329 Tenant from the leased premise without prejudice to any other remedy; provided, however, that before the exercise of such option for failure to pay rent or failure to perform any condition imposed herein upon the Tenant, the Landlord shall give written notice of such event of default to the Tenant, which thereafter shall have thirt (30) days from the date notice is sent by the Landlord within which to remedy or correct such default, unless such default is the failure to pay rent, in which case the Tenant shall have ten (10) days from the date notice is sent by the Landlord within which to remedy such default by paying all rent and late payment fees due. 20. IDENTITY OF INTEREST: The execution of this Lease or the performance of any act pursuant to the provisions hereof shall not be deemed or construed to have the effect of creating, between the Landlord and the Tenant, the relationship of principal and agent, or of a partnership, or of a joint venture and the relationship between them shall be and remain only that of Landlord and Tenant. 21. NOTICES AND REPORTS: Any notice, report, statement, approval, consent, designation, demand or request, and any option or election to be exercised by a party under the provisions of this Lease, shall be effective only when in writing and delivered (or mailed by registered or certified mail with postage prepaid) to the other party at the address given below: Landlord: Tenant: City of Sebastian Municipal Airport Attn: City Manager or Airport Manager 1225 Main Street Sebastian, FL 32958 City of Sebastian Public Works Department Attn: City Manager or Public Works Director 505 Airport Drive West Sebastian, FL 32958 Either party may designate a different representative or address periodically by giving to the other party notice in writing of the change. Rental payments to the Landlord shall be made by the Tenant at an address to be furnished to the Tenant. 22. RIGHT TO INSPECT: The Landlord, or its agent or employee, may enter the leased premises upon reasonable notice to do the following: (a) To inspect or protect the leased premises or any improvement to a property location thereon; (h) To determine whether Tenant is complying with applicable laws, Public Works Building Lease Agreement Page 13 324 of 329 orders or regulations of any lawful authority having jurisdiction over the leased premises or any business conducted therein; (e) To exhibit the leased premises to any prospective Tenant during the final sixty (60) days of the lease term, or at any time after either party has notified the other that the Lease will be terminated for any reason; or No authorized entry by the Landlord, or its agent or employee, shall constitute an eviction of the Tenant or a deprivation of its rights or alter the obligation of the Landlord or create any right in the Landlord adverse to the interest of the Tenant hereunder. 23. REMOVAL OF TRADE FIXTURES. SIGNS AND PERSONAL PROPERTY: At the expiration or termination of the Lease, the Tenant agrees to immediatelv surrender possession of the premises and all facilities thereon. Tenant shall have the right to remove all personal property owned by the Tenant provided any damages in removal are repaired by the Tenant at Tenant's sole cost. Anv personal property not removed within thirtv (30) days shall be presumed abandoned. The cost of removing any such abandoned property that the Landlord deems unusable shall be indemnified to Landlord by Tenant. 24. HEIGHT/HAZARD RESTRICTIONS: The Tenant expressly agrees for itself, its successors and assigns, to restrict the height of structures and other obstructions on the leased premises to such a height so as to comply with all Federal Aviation Regulations, State laws and local ordinances, rules and regulations now existing and hereinafter promulgated. The Tenant expressly agrees for itself, its successors and assigns, to prevent anv use of the leased Dremises which would interfere with or adversely affect the operation or maintenance of the Airport or otherwise constitute an Airport hazard. The Tenant covenants and acknowledges that the use of the leased premises as proposed by the Tenant does not interfere with or adversely affect the operation or maintenance of the Airport or otherwise constitute an Airport hazard. The Landlord reserves unto itself, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the leased premises, together with the right to cause in such airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used, for navigation or flight in the airspace, and for use of said airspace for landing on, taking off from, or operating on the Airport. 25. NONDISCRIMINATION: The Tenant for itself, its personal representatives, successors in interest and assigns, as part of the consideration hereof, does hereby covenant and agree as a covenant running with the land the following: (a) No person on the grounds of religion, gender, marital status, Public Works Building Lease Agreement Page 14 325 of 329 race, color, age, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subject to discrimination in the use of the Tenant's facilities; (b) That in the construction or improvements on, over or under the leased premises and the furnishing of services thereon, no person on the grounds of religion, gender, marital status, race, color, age, or national origin shall be excluded from participation or, denied the benefits of, or otherwise be subjected to discrimination; (c) That the Tenant shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, and Nondiscrimination in Federally Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964. In the event of breach of any of the above non-discrimination covenants, the Landlord shall promptly notify the Tenant, in writing, of such breach and the Tenant shall immediately commence curative action. Such action by the Tenant shall be diligently pursued to its conclusion, and if the Tenant shall then fail to commence or diligently pursue action to cure said breach, the Landlord shall then have the right to terminate this Lease and to re-enter and repossess said land and improvements thereon. 26. ENTIRE AGREEMENT: This Lease contains all of the understandings by and between the parties hereto relative to the leasing of the premises herein described, and all prior 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. 27. ASSIGNMENT AND SUBLETTING: The Tenant shall not assign this Lease or sublet the leased premises or any portion thereof, or otherwise transfer any right or interest hereunder without the prior written consent of the Landlord. If the Landlord consents, in writing, to the assignment, subletting or other transfer of any right or interest hereunder by the Tenant, such approval shall be limited to the particular instance specified in the written consent and the Tenant shall not be relieved of any duty, obligation or Iiability under the provisions of its Lease. Public Works Building Lease Agreement Page 15 326 of 329 28. BINDING EFFECT: The terms and provisions of this Lease shall be binding on the parties hereto and their respective heirs, successors, assigns and personal representatives, and the terms of any Addendum attached hereto are incorporated herein. 29. APPLICABLE VENUE: In the event of litigation arising out of this writing, venue shall be in Indian River County, Florida and the terms of this Lease shall be construed and enforced according to the laws of the State of Florida except to the extent provided by Federal law. THE PARTIES HEREBY WAIVE THE RIGHT OF TRIAL BY JURY OF ANY ISSUES SOTRIABLE. 30. ATTORNEYS FEES: In any action arising out of the enforcement of this writing, the prevailing party shall be entitled to an award of reasonable attorney fees and costs, both at trial and all appellate levels, based upon the prevailing rates of private attorneys in Indian River County, Florida. 31. RECORDING: In no event shall the Lease or a copy thereof be recorded in the Public Records of Indian River County, Florida. 32. MISCELLANEOUS: The Landlord shall have the option, without waiving or impairing any of its rights hereunder, to pay any sum or perform any act required of the Tenant, and the amount of any such payment and the value of any such performance, together with interest thereon, shall be secured by this Lease, and shall be promptly due and payable to the Landlord. In the event of the Tenant's breach of any of the provisions of this Lease, the Landlord shall thereupon have a lien upon all revenues, income, rents, earnings and profits from the leased premises as additional security to the Landlord for the Tenant's faithful performance of each of the terms and provisions hereof, and to secure payment of all sums owing to the Landlord hereunder. Such liens shall be superior in dignity to the rights of the Tenant and any of its creditors or assignees or any trustee or receiver appointed for the Tenant's property, or any other person claiming under the Tenant. Upon the Landlord's termination of the Tenant's rights under this Lease by reason of the Tenant's default, all such revenues, income, rents, earnings and profits derived or accruing from the leased premises from the date of such termination by the Landlord shall constitute the propertv of the Landlord, and the same is hereby declared to be a trust fund for the exclusive benefit of the Landlord and shall not constitute any asset of the Tenant or any trustee or receiver appointed for the Tenant's property. The provisions of this paragraph shall be effective without the Landlord's re-entry upon the leased premises or repossession thereof, and without any judicial determination that the Tenant's interest under said lease has been terminated. Public Works Building Lease Agreement Page 16 327 of 329 SCHEDULE "A" Lease Agreement between the City Of Sebastian, Sebastian Municipal Airport and the City of Sebastian, Public Works Department concerning 8.7 Acres of Property Located at 505 AIRPORT Drive West, Sebastian, FL 32958 The City Of Sebastian, Sebastian Municipal AIRPORT, shall lease to the City of Sebastian, Public Works Department 379,068 square feet (more or less) of property located at the Sebastian Municipal AIRPORT. It is understood that the property shall be used as the Public Works and Facilities Maintenance Compound. The City Of Sebastian retains ownership of the facility throughout the term of the lease. The lease rate shall be at a rate as described in Section 3 of the lease agreement. The lease rate is contingent upon FDOT and FAA approval of the per square foot lease rate. 329 of 329