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HomeMy WebLinkAbout02-08-2023 CC MinutesSETaN HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING MINUTES WEDNESDAY, FEBRUARY 8, 2023 — 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Jones called the Regular Meeting to order at 6:00 p.m. 2. Pastor David Daniel of the Sebastian Church of God gave the invocation. 3. Vice Mayor Nunn led the Pledge of Allegiance. 4. ROLL CALL Mayor Fred Jones Vice Mayor Chris Nunn Council Member Kelly Dixon Council Member Ed Dodd Council.Member Bob McPartlan Staff Present: City Manager Paul Carlisle City Attorney Manny Anon, Jr. City Clerk Jeanette Williams Community Development Director Lisa Frazier Community Development Manager Dom Bosworth Leisure Services Director Brian Benton Administrative Services Director/CFO Ken Killgore City Engineer/Public Works Director Karen Miller Airport Manager Jeff Sabo Police Captain Tim Wood 5. AGENDA MODIFICATIONS Council Member Dodd requested to add item #12d under New Business to have Council review the strategic planning process. PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS BriefAnnouncements: February 10 - Unveiling of the First CR4 Mural at Mel Fisher's Treasure Museum, 1322 U.S. Hwy 1 - Noon February 11 - Craft Club of Sebastian Show in Riverview Park - 10am-3pm Regular City Council Meeting February 8, 2023 Page 2 February 17 -Chamber of Commerce Concert in the Park — SRHS (full ensemble w/steel drums — 5:30 to 8:30pm February 20 - City Hall Closed for Presidents Day Observance March I — Sebastian CRA Redevelopment Team Workshops — Council Chambers - I1:00am to Ipm and 5pm to 7pm Vice Mayor Nunn announced the upcoming events. Council Member Dodd added that the County has signed an agreement to have a Five Guys Restaurant open on U.S. 1 in Sebastian. 7. PUBLIC INPUT Barry Shapiro described how he started a sock drive for the homeless five years and to date, they have collected over 15,000 pairs of socks to distribute to different charitable organizations because of the generosity and support of our community. He invited the public to the Sock Hop on February 17ih at the Walking Tree Brewery to continue collecting socks. Richard Gillmor, Sebastian, said the ice machine at the golf course hasn't worked for four months. and it will be an issue as it gets warmer. He also noted the nets on the driving range were shredded by the hurricane making them dangerous now because the balls are going through the nets and landing on the first fairway. Mr. Gillmor invited the public to the Studio Art Tour this Saturday. More information can be found at Sebastianartstudiotour.com. The City Manager said the netting is in the process of being bid out. He also reported that bags of ice are being stored in the ice machine and loaded into the dispenser as needed. Frank Nolan said on January 26 and 27 the National Point in Time Count took place which counts the number of homeless in communities. There are 48 homeless individuals in Indian River County. He suggested having someone put together a life skills program to give people a shot at becoming gainfully employed. Bob Stephen, 150 Concha Drive, said Council has not been good stewards to our habitat in this town. 8. CONSENT AGENDA A. Approval of Minutes — January 18, 2023 Special Meeting B. Approval of Minutes — January 27, 2023 Regular Meeting Regular City Council Meeting February 8, 2023 Page 3 C. Prior Authorization for Council Travel to the Florida League of Cities Legislative Action Day — April 3-5, 2023 in Tallahassee (Transmittal, Agenda) D. Resolution No. R-23-04 — Abandonment of Easements over Lots 8 & 9, Block 138, Sebastian Highlands Unit 4 (Transmittal, R-23-04, Map, Staff Report, Approval, Application, Survey) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY FLORIDA, VACATING CERTAIN EASEMENTS OVER LOTS 8 & 9, BLOCK 138, SEBASTIAN HIGHLANDS UNIT 4, PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR RECORDING; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR EFFECTIVE DATE. E. Approve the Repainting of Runway 10-28 and Taxiway Bravo Markings at the Sebastian Municipal Airport by Florida Airfield Maintenance/JV Using the FDOT PTGA FM450933-1-94-01 Grant Award (Transmittal, R-22-29, Agreement) F. Approve Indian River County Supervisor of Elections' Request to Hold 2023/2024 Elections in the Community Center (Transmittal, Agreement) G. Approve the Piggyback Purchase of One 2023 GMC Sierra 1500 Work Truck from Alan Jay Fleet Sales under the Soureewell Contract #901521-NAF in the Amount of $35,406 for the Stormwater Division (Transmittal, Quote, Contracts, Code Sec. 2-10(b)) H. Approve the Purchase of Forty Thousand (40,000) Pistol Rounds of 10mm Ammunition from Lou's Police Distributors for the Sebastian Police Department in the Amount of $19,275 (Transmittal, Quotes, Procurement Form) Council Member Nunn asked to pull items G and H. MOTION by Council Member Dodd and SECOND by Council Member McPartlan to approve consent agenda items A-F. Roll call: Vice Mayor Nunn - aye Council Member Dixon - aye Council Member Dodd - aye Council Member McPartlan - aye Mayor Jones - aye Motion carried. 5-0 Items G & H Vice Mayor Nunn asked the City Manager to explain the need for these two expensive items. The City Manager said GMC truck will be replacing a vehicle that has met its useful life. With regard to the ammunition, he said ammunition is in short supply and Regular City Council Meeting February 8, 2023 Page 4 staff should purchase it when it is found. It is needed to provide the officers the opportunity to train and be certified. MOTION by Vice Mayor Nunn and SECOND by Council Member Dodd to approve items G and H. Roll call: Council Member Dixon - aye Council Member Dodd - aye Council Member McPartlan - aye Mayor Jones - aye Vice Mayor Nunn - aye Motion carried. 5-0 9. COMMITTEE REPORTS & APPOINTMENTS Council Member McPartlan said at the MPO meeting this morning, Council Member Dodd was appointed chairman of the commission again. A. Plannine and Zonine Commission (Transmittal. Aoolications. List. Advertisement) i. Fill One Expired, Regular Member Position — New Term to Expire 2/l/26 Mayor Jones and Council Member Dodd nominated alternate member Mr. Haddix to move up to the regular member position. There were no further nominations. Mr. Haddix will serve until February 1, 2026. MOTION by Council Member Dodd and SECOND by Vice Mayor Nunn to waive the advertising requirement to fill the alternate member position. To fill the alternate position, Vice Mayor Nunn nominated Mr. McGinn and Council Member McPartlan nominated Ms. Matthews. Roll call for the alternate member position: Council Member Dodd - Ms. Matthews Council Member McPartlan - Ms. Matthews Mayor Jones - Ms. Matthews Vice Mayor Nunn - Mr. McGinn Council Member Dixon -Ms. Matthews Ms. Matthews was appointed the alternate member. 10. PUBLIC HEARINGS Regular City Council Meeting February 8, 2023 Page 5 A. Resolution No. R-22-34 Providina for an Annexation Agreement (R-22-34) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR AN ANNEXATION AGREEMENT BETWEEN THE CITY OF SEBASTIAN, FLORIDA, A FLORIDA MUNICIPAL CORPORATION AND THE GRAVES BROTHERS COMPANY TO MEMORIALIZE THE PARTIES UNDERSTANDING AND AGREEMENTS WITH RESPECT TO THE ANNEXATION OF 2044 ACRES, MORE OR LESS, INTO THE CITY, AND WITH RESPECT TO THE FUTURE DEVELOPMENT AND USE OF THE PROPERTY. PROVIDING FOR CONFLICT; PROVIDING FOR RECORDING; PROVIDING FOR SCRIVENER'S ERRORS; AND AN EFFECTIVE DATE The City Attorney read the title to Resolution No. R-22-34. The City Manager said they were provided a copy with four minor modifications that have been approved by the applicant: -Date of the agreement should be 2023 on page 2 -The footnote should say final draft as of February.8, 2023 -On page ten, under 3.2, the following strikethroughs and underlined additions were cited: The development of real property shall be Master Planned as a PUD on a minimum of 400 acre Parcels. Within each i$--^-' the real orooertv, a range of Mixed Uses consisting of 60%-80% Residential Land Use categories shall be balanced with a mixture of non-residential Land Use categories with a range of 20% - 40%. During the PUD process, the acreage within the PUD shall be a mix of uses including Residential, Institutional, Commercial and Industrial. The Residential Land Use on the Real Property shall include a target mix of 40% Medium Density, 40% Low Density and 20% Very Low Density for the purposes of calculating permissible density. Densities may be transfered within each PUD parcel, or outside to other PUDs within the Real Property, provided the Residential Land Use range is not exceeded on the Real Property. There shall be a minimum 50% Open Space requirement for the Residential property. Non- residential Land Uses may include up to 25% Multifamily Residential Uses. Notwithstanding any other provision in this Agreement, the Density permitted on the Real Property shall be the allowable Density per the limiting factors as further defined in this Agreement and in the City's Land Development Code and Comprehensive Plan Site Specific Policy 1-1.7.1. Notwithstanding any other provision in this Agreement, the maximum Density for Residential uses is 1-0,771 10,794 gress units pe:—�an average of 5.26 28 du/ac for of the Real Property). -The word "shall" was added in section K The City Manager said this was an accumulation of a lot of hard work, by a lot of individuals. The applicant is agreeable to the minor changes and he asked for Council's approval of the agreement prior to annexation or future land use change. Regular City Council Meeting February 8, 2023 Page 6 Public Input Mr. Pasqale, said he moved up here from Stuart because the City Council went crazy with building. He was against any part of the annexation. Dr. Graham Cox, 1213 George Street, said he could not support the annexation in its current form. Richard Gillmor said he was in favor of annexation with some caveats Dr. Tim Glover, President of the Friends of St Sebastian River, said the status quo is not working for the environment and now is the time to provide something different. Donna Halloran, Sebastian resident, noted that Council had a special meeting for three lots but the annexation of 2,200 acres wasn't drawing attention to make front page news. George Glenn, Jr, attorney for the Pelican Island Audubon Society, said this was the time to come up with a plan. He requested section K to `require green infrastructure" and to buffer the slough of the south prong of the St. Sebastian River as described in their December I I'h letter to Council. Russell Herrmann, 586 Redwood Court, said the annexation will have a profound impact on Sebastian and adjoining communities. Sean Sexton, cattle rancher of the head waters on the Sebastian River and a former supervisor of Sebastian River Improvement District, asked Council to take the requests to monitor and preserve the water quality seriously. Dr. Richard Baker said he has seen the degradation of the river during the last 40 years. Sebastian's present policies and ordinances aren't working. Dan Lamson, Executive Director of Indian River Neighborhood Association, said the association is dedicated to quality growth and the annexation will be growth but not quality growth. Dylan Reingold, attorney, Indian River County, said it was not the County's intent to sabotage or stop the annexation but they are trying to figure out how to provide services to the property. He said as they move forward, the County was looking for a commitment from the property owner and Council to figure out how the services will be provided. Mike Johansen, Chairman of the Indian River Neighborhood Association, said height limitations are mentioned in the commercial, industrial and institutional development but not the residential in Section 3 which may be an overarching item since it is mentioned in some categories. Grace Reed, Sebastian, said if the property isn't annexed, it will still be developed. The small town Sebastian is the area of US Highway I and Indian River Drive. Regular City Council Meeting February 8, 2023 Page 7 7:11 pm Terry McGinn, Miller Drive, Sebastian, cited upcoming projects on CR510 and noted the same groups present tonight haven't spoken against the upcoming projects on CR510. He said he supports the annexation. Council Member Dodd displayed the density calculation on the overhead and said it was somewhat misleading to talk about 10,771/10,774 units per acre because it leaves out open space. It was felt that a density number was needed but the document requires that the real property have a 50% open space as noted in the bottom sentence of the overhead document. (See attached) He described that until the property is developed in parcels there are considerations that will come into play such as utilities, in which the property owner will negotiate that process as the City cannot give this man's land away. He said the document requires coordination with the City and other entities to provide the space needed. Council Member Dodd continued to say when the developer brings in his site plan for the parcels that he wants to develop; he will have to comply with the Land Development Code in force at that time. It would be perfect if we had site plan for the whole piece of property but that is not practical so they are trying to move forward with enough guidelines and control to know that you can deal with problems as they come up. He said he didn't believe they were jeopardizing the County or the quality of life for the City. It is a matter of trust or control. He has been here for 22 years and the City is no different today than it was 22 years ago and the population has doubled in that time. He asked everyone to think about it if it is a matter of trust. If it a matter of control, he didn't think the City could give up that kind of control. Vice Mayor Nunn said the landowner loves the City and wasn't looking to ruin their family legacy by developing this property like a northern developer. They want to expand what we have and provide more commercial opportunities. He explained the City has a 90% residential tax base and a 10% commercial tax base and by having a new town center, the commercial base will increase and provide an additional place to shop. He said this plan was great. Council Member Dixon said she appreciated how Council Member Dodd explained the density. She was thankful for the citizens in the room who want to keep Sebastian beautiful as they do. She said that she moved here in 1997 and she agreed that Sebastian still has the same small town charm. There will always be progress but the City is in good hands. Council Member MCPartlan said in 2019 Council was asked to slow things down and be transparent. They have now given it time and been the most transparent with the best intentions. He described how he asked for the number that the environmentalists would be happy with so he could work from there but he wasn't given a number. When he went to the County, he asked how many houses could go there but they couldn't give that number because there isn't water. The bottom line is if the County can't provide the water there aren't going to be homes. Regular City Council Meeting February 8, 2023 Page 8 Council Member MCPartlan suggested the environmentalists might want to purchase the property since it is such a vital part of the environment. He noted this time the vast majority of the citizens is for this annexation because they want to dictate the future. Mayor Jones said he believed the project before them is a good product. He asked where the St. Sebastian River buffer was addressed in the documents. The City Manager responded the buffer was addressed in both the annexation agreement and the future land use map. Mayor Jones said while they have been asked to delay the annexation, as Council Member McPartlan said, those opposed will just ask for something else to be delayed. He said staff and the attorneys have worked very hard on this and he felt it was a good project. MOTION by Vice Mayor Nunn and SECOND by Council Member MCPartlan to approve Resolution No. R-22-34 providing for the Graves Brothers annexation agreement. Roll call: Council Member MCPartlan - aye Mayor Jones - aye Vice Mayor Nunn - aye Council Member Dixon - aye Council Member Dodd - aye Motion carried. 5-0 B. Second Readine and Public Hearine of Ordinance No. 0-22-07 Petition for Voluntary Annexation — Graves Brothers Comnanv !Transmittal. Survev. Ex. la & lb. Attachment Al AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 2044.3 ACRES, MORE OR LESS, LOCATED SOUTH OF THE NORTH BOUNDARY OF COUNTY ROAD 510 ROW, WEST OF LANDS ADJACENT TO THE 74TH AVE ROW, NORTH OF 69TH STREET ROW, AND EAST OF 90TH AVE ROW; PROVIDING FOR THE EXTENSION OF THE CORPORATE LIMITS AND BOUNDARIES THEREOF; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the title to Ordinance No. 0-22-07. The City Manager said this was the ordinance for the voluntary annexation request which was a great opportunity for the City. The Community Development Director said they have all worked very hard to bring the project to fruition and requested Council's support. Regular City Council Meeting February 8, 2023 Page 9 Public Input George Glenn, Jr., Esq., representing the Pelican Island Audubon Society, Donna Halloran and Dr. Graham Cox, said he believed there are potential compliance issues with F.S.171 dealing with compact and contiguous boundaries and they were there to preserve their rights. He handed a packet of information to the clerk. (See attached) The City Manager said he believed they met the bounds of F.S.171 and this would be great for the City. He noted that the Community Development Director, Lisa Frazier, is a professional planner, has been with a number of cities and who held her own firm helped to put this project together with the assistance of a land development attorney, Paul Gougelman so professional staff have provided significant input to these documents. The City Attorney said the findings on page 224 backup the City Manager's comment. The City Manager noted a signed annexation agreement has been submitted to the City Vice Mayor Nunn noted that Mr. Glenn's comment was the notification of a lawsuit that would be coming at the expense of the taxpayers. MOTION by Vice Mayor Nunn and SECOND by Council Member Dodd to approve Ordinance No. 0-22-07 providing for the voluntary annexation of the Graves Brothers' property with the five findings listed on page 244 of the agenda backup. Roll call: Mayor Jones - aye Vice Mayor Nunn - aye Council Member Dixon - aye Council Member Dodd - aye Council Member McPartlan - aye Motion carried. 5-0 C. Second Reading and Public Heatine of Ordinance No. 0-22-13 - Reauest for Comorehensive Plan Future Land Use Man and Text Amendment — Groves Brothers Comnanv (Transmittal. 0-22-13. Staff Renort. Justification Statement. P&Z Minutest 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 (MDCED USE) FOR ANNEXED LAND WITH A PRIOR COUNTY LAND USE DESIGNATION OF AG-1 (AGRICULTURAL) ON PROPERTY CONSISTING OF 1913.6 ACRES, MORE OR LESS, LOCATED SOUTH OF COUNTY ROAD 510, WEST OF LANDS ADJACENT TO 74TH, AVENUE, NORTH OF 69TH STREET, AND EAST OF 90TH AVENUE; AMENDING THE LAND USE ELEMENT WITH SITE SPECIFIC POLICIES; AUTHORIZING FINDINGS AND ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITYANTERPRETATION; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR AN EFFECTIVE DATE AND PROVIDING AN ADOPTION SCHEDULE. Regular City Council Meeting February 8, 2023 Page 10 The City Attorney read the title of the Ordinance No. 0-22-13. The City Manager said this future land use map provides for different percentages of land use so the land isn't just houses and provides for a very strict guidance on how the property is developed. George Glenn, Jr., Esq, representing the Pelican Island Audubon Society, Donna Halloran and Dr. Graham Cox, said they have concerns with [Policy 1-1.4.1 Agriculture Land Use Designation] changing the land use from agriculture to mixed land use. Mr. Glenn said there is a fundamental difference when property in the urban service area has entitlements with restrictions on what can be done and property outside the urban service which isn't bound by those restrictions and can have different uses. MOTION by Council Member McPardan and SECOND by Vice Mayor Nunn to approve Ordinance No. 0-22-13 changing the comprehensive plan future Land Use Map. Roll call: Vice Mayor Nunn - aye Council Member Dixon - aye Council Member Dodd - aye Council Member MCPartlan - aye Mayor Jones - aye Motion carried. 5-0 11. UNFINISHED BUSINESS A. Annrove a Services Contract Agreement with Colin Baenziger & Associates for the Citv Attomev Recruitment Process and Authorize the Citv Manager to Execute the Agreement (Transmittal. Agreement. Attachments. Code Sec. 2- 10d 4 Colin Baenziger introduced himself, Lynelle Klein, Senior Vice President of Operations and Steve Sorrell, Senior Vice President, who went over the recruitment process. (See attached) The City Attorney said he recommended approval of the contract to hire their next City Attorney. MOTION by Vice Mayor Nunn and SECOND by Council Member Dodd to waive the bidding requirements in going out to bid so they may choose Colin Baenziger & Associates in good cause because of the time sensitivity of the requirements. Council Member McPartlan said he was happy with the warranty and asked what the time line would be. Mr. Baenziger responded it would probably be 75 days but it could easily be out four months by the time the candidate gives notice to their current employer. Regular City Council Meeting February 8, 2023 Page I 1 Roll call: Council Member Dixon - aye Council Member Dodd - aye Council Member McPartlan - aye Mayor Jones - aye Vice Mayor Nunn - aye Motion carried. 5-0 MOTION by Council Member Dodd and SECOND by Council Member Dixon to approve the contract with Colin Baenziger & Associates to find a City Attorney for the City of Sebastian. Roll call: Council Member Dodd - aye Council Member McPartlan - aye Mayor Jones - aye Vice Mayor Nunn - aye Council Member Dixon - aye Motion carried. 5-0 Mayor Jones called for a break at 8:01 p.m. and reconvened the meeting at 8:10 p.m. All members were present. 12. NEW BUSINESS A. Review the Process and Procedures for Reviewine the Charter Officer Emnlovment Contracts (Transmittals. Contracts. R-21-041 Council Member McPartlan said he would like to see uniformity in the contracts between all of the Charter Officers with regard to the benefits. He thought about a car allowance for each officer but then thought of one car to share between the officers for City business with a log book that is kept with the vehicle. It could be checked out as needed similar to a rental ca. Council Member Dodd said Section 3 of the resolution should be modified to reference the new union group. He said the Mayor should negotiate the contracts and then have the contracts proposed to Council for approval. MOTION by Council Member Dodd and SECOND by Vice Mayor Nunn to direct the City Attorney to modify Resolution No. R-21-04 by removing the references to the specific unions in Section 3(a). Council Member McPartlan said he would like to see a stringent evaluation that can follow the contract negotiation. Mayor Jones said Human Resources could provide an evaluation form that accurately reflects what each officer's responsibilities are. Council Member Dodd said Section I provides for annual goal setting by Council and the officers. He suggested each Council Member could provide their goals to the City Clerk Regular City Council Meeting February 8, 2023 Page 12 who would bring it back to them in a common document to decide what their goals should be. Council Member McPartlan suggested that an expiration date or renegotiation date of every three years should be set. Vice Mayor Nunn said they are evaluating the charter officers every time they talk to them and their contracts could be reviewed every three years but he didn't feel an annual evaluation was necessary. Council Member McPar lan noted the officers used to be evaluated every year as noted in Section 1 of the resolution, but it has fallen by the wayside. Council Member Dodd said the evaluation system should drive the determination if the officer should receive an increase above and beyond the normal cost of living. He suggested they should establish goals and objectives and rate the officers against them annually. Council Member Dodd said each member should produce a goals and objective statement for each officer and provide those to the City Clerk who will then compose a single document for Council to select the goals as a group and rate the officers in July. There was no public input. Roll call: Council Member McPartlan -aye Mayor Jones - aye Vice Mayor Nunn - aye Council Member Dixon - aye Council Member Dodd - aye Motion carried. 5-0 B. Consider 2023 Early Votine - Anorove the Municinal Election A¢eement between the Indian River Countv Supervisor of Elections and the Citv of Sebastian for the November 7. 2023 Election (Transmittal. Early Votina Ouote. Aareent 8:26 pm The City Clerk asked if Council was interested in holding early voting for the November 7's election. There was no public input regarding early voting. It was the consensus of City Council not to hold early voting and for those that couldn't make it to the polls on November 71h to requesta mail in ballot. MOTION by Vice Mayor Nunn and SECOND by Council Member McPartlan to approve the election agreement between the Supervisor of Elections and the City for the November 7u% 2023 election excluding early voting. Regular City Council Meeting February 8, 2023 Page 13 Roll call: Mayor Jones - aye Vice Mayor Nunn - aye Council Member Dixon - aye Council Member Dodd - aye Council Member McPartlan - aye Motion carried. 5-0 C. Consider Indian River County Supervisor of Elections' Request to Hold 2024 Earlv Votive in Council Chambers — Consider Rescheduline the March 13. August 14 and October 23. 2024 Citv Council Meetines (Transmittal. 2024 Calendar. Agreement) Council Member McPartlan asked if the signs in front of City Hall could be prohibited during early voting. The City Attorney advised that the solicitation of a vote includes the placement of a campaign signs in front of a polling place and interference with the solicitation was against the state statute. MOTION by Council Member McPartlan and SECOND by Vice Mayor Nunn to approve the Supervisor's request to hold the early voting in Council Chambers for 2024 and cancel the March 13, August 14, and the October 23 Council meetings. Roll call: Vice Mayor Nunn - aye Council Member Dixon - aye Council Member Dodd - aye Council Member McPartlan - aye Mayor Jones - aye Motion carried. 5-0 8:35 pm Added D. Renew Strategic Planning Process Council Member Dodd said he has been carrying on conversations with various people in cities around the state and have seen some really good strategic planning documents. He said he asked the Vice Mayor of Port St. Lucie to send their strategic planning document to show the kind of communication they have with their citizens as well as their planning process that includes strategic objectives. Each objective needs to be broken down to a task and what they gage success or failure on charter officers is how those tasks are executed and how objectives are met. He said two years ago, Council approved $50,000 to do a strategic plan but be didn't believe that they have received a strategic plan out of it. He would like Council to receive a complete forensic look of the project to include the cost to date, deliverables to date on that project and to roll it into what they have. He also said there was a citizen's survey sent out but there were a small numbers of returns. He would like to see how many surveys were sent out and returned because it will be a great basis to begin the process of strategic planning. Regular City Council Meeting February 8, 2023 Page 14 Council Member Dodd also said the Treasure Coast Regional Planning Council (TCRPC) has staff that can bring in a facilitator and as part of this process; he would like to ask Council to direct the City Manager to enter a contract and facilitate meetings with the public, staff, and Council to put together a strategic planning process. He said after they discussed this, he would be willing to make a motion to ask for a breakdown on the existing project and an approval to direct the City Manager to contact the TCRPC to begin the process get afacilitator to come in and do the work. He said it has to be a living document that you monitor performance against and it's something that staff and people buy into that can be worked through. Council Member McPartlan said he envisions that as they approve the agenda items, the items should fit into the plan. Council Member Dodd said each city that he has talked to includes the strategic plan task it is tied on every agenda transmittal; the budgeting plan and capital improvement plan are tied to the strategic plan process. The citizens will buy in because they vote for Council and if they don't like it, they will vote the Council Members out. MOTION by Council Member Dodd and SECOND by Council Member Dixon to move that Council ask the City Manager to provide a cost breakdown and deliverables from the existing project and ask him to contact the TCRPC and have them produce a work plan to facilitate a strategic plan and cost statement for a strategic plan. 8:46 pm 13. CITY ATTORNEY MATTERS The City Attorney reported that he has distributed copies of the revised Charter pamphlets. He said the employee negotiations went well on January 31" and he hopes to move forward to the next date. He said the initial contract with Paul Gougelman was approved at $15,000 but is now at almost $23,000. He planned to bring the final amount to them for approval. The City Attorney said for the interim City Attorney position he now has four applicants interested. He plans bring a list of the candidates to Council at the March 8 meeting for a ranking. 14. CITY MANAGER MATTERS -None 15. CITY CLERK MATTERS - None 16. CITY COUNCIL MATTERS Regular City Council Meeting February 8, 2023 Page 15 Council Member Dodd said he realizes that a lot of people spoke negatively about the annexation but he didn't think they realized the number of hours that staff and the attorneys put into the project. They managed to come in with an agreement that he felt comfortable and appreciated the greatjob by all. B. Council Member McPartlan Council Member McPartlan said the sock collection started as a small gesture but it is amazing what socks do with regard to foot care. He advised the Treasure Coast Homeless Services Council is initiating programs for the homeless and works with the stakeholders. He encouraged Council to attend the United Way's talk on ALICE (Asset Limited Income Constrained Employed) on March 7" because all of these efforts are connected to helping people and they might have the opportunity to connect with an elected official in higher office to help those who are struggling. C. Mayor Jones Mayor Jones said he was glad to be back after missing the last meeting. He said staff and everyone worked very hard on the annexation which is a good project for Sebastian. D. Vice Mavor Nunn Vice Mayor Nunn also commended staff for the great job on the annexation agreement. He asked to bring up the food truck policy to see if they might have changes to make in future. There was a consensus to bring it to the next meeting. E. Council Member Dixon Council Member Dixon thanked staff for fielding the annexation phone calls. She also thanked the Leisure Services Director for providing an age -ranged guide for the City's parks. She noted it is on the website. 17. Being no further business, Mayor Jones adjourned the Regular City Council meeting at 8:58 p.m. Approv_ __ 2023 Regular City Council meeting. - Mayor Fred Jones AYTEST 4,n�t&r, Wt is -- Clerk BOARD OF COUNTY COMMISSIONERS Submitted by Dylan Reingold Joseph Eannan Chairman District Susan Adams Vice Chair District 1 February 1, 2023 Hon. Mayor Fred Jones City of Sebastian 1225 Main St. Sebastian, FL 32958 RE: Graves Brothers Annexation Dear Mayor Jones: Joseph E. Flescher District Deryl Loor District 4 Laura Moss District 5 On December 8, 2022, Jason Brown, then Indian River County Administrator, sent a letter to Paul Carlisle outlining the County's comments on the Graves Brothers annexation, which was initially proposed to be considered at the December 14, 2022 City of Sebastian City Council meeting. The matter was postponed until February 8, 2023. As the City Council prepares to consider this matter again, I am writing to reiterate some of the County's concerns based upon the most recent proposed annexation agreement published by the City of Sebastian on January 20, 2023. The annexation of 2,044.3+/- acres into the City of Sebastian will have a significant impact on the County. Last Wednesday night, at the City Council workshop, the County and the public learned that the property could be developed with 10,771 homes under the proposed annexation agreement. The County will be expected to provide fire rescue services, water and sewer services, and evaluate County roadway capacities for the property. Since this property has been outside of the County's urban services boundary, the County has not planned for the infrastructure which will now be expected by the City and the property owner. Countv Roadways The County still believes it is critical that grid roadways, particularly at the collector and arterial level, be provided to a standard that ensures consistency with prevailing local engineering practices and guidelines. Therefore, the County would like to see Section 3.6(b)(1) amended to include the following: "...and roadways connecting to the Countv roadway network shall be designed and permitted in accordance with Indian River Countv Code of Ordinances. Chaoter 312 — Rights-of-Way. Chaoter 952 — Traffic and consistent with Chapter 14-97, Florida Administrative Code." Additionally, add, "The City shall reauire the Owner/Developer to provide a conceotual roadwav and network Dian showina or000sed connections to Countv roadways as part of the overall master clan for the orocertv for use in Iona ranoe roadway network planning by the County." In the interest of a coordinated approach, the County also suggests Section 3.6(b)(1) be amended to include the following language. "The Owner/Developer shall orovide a Traffic Imoact Studv for each 400 acre Parcel PUD application. and the Crty will orovide this studv to the Countv in a timely manner." Utilities The proposed annexation agreement proposes a maximum of 10,771 residential units and a mix of commercial and industrial uses. The projected population would be over 21,000, based upon the average household size in the community. Essentially, the County is being asked to provide service to an additional community the size of the City of Vero Beach. County staff estimates that this level of development at build -out would result in demand for about 2.8-3.0 million gallons of water per day. While it is the County's intention to provide service to this community, we will need continued coordination with the property owner as development happens in the future to determine what will be required for the County to serve such a significant addition to the service area. This must be accomplished while not jeopardizing our ability to provide water and sewer services to other properties in the unincorporated area and the City of Sebastian, which we are already committed to serve. Please understand that there is not enough water in the County's consumptive use permit or even the County's pending application for a consumption use permit to serve this property While we do not anticipate the property to fully develop for several years, the planning for water and wastewater services needs to happen well in advance of the actual development in orderto ensure adequate resources and designate land where these resources would be located, once it becomes necessary. As noted in December, the County understands that we are not a party to this proposed annexation agreement between the City and the Graves Brothers. Given that, section 3.5(c) discusses dedication of Facilities to the City or County, as directed by the City. This differs from the current process whereby water, wastewater, and reuse water utility assets are dedicated to the County. The County's intention would be to continue this process, as it is not in the best interest of the County's Department of Utility Services to operate and maintain infrastructure that is needed to provide services while that infrastructure is owned by another entity. As such, we do not believe that the proposed annexation agreement would be binding on the County as it relates to transfer of water, wastewater, and reuse water utility infrastructure. Please understand that the County is not trying to interfere in negotiations between the City and the property owner. The most important point to note is that the County will need additional contributions from the property owner — such as a dedicated utility plant site, property for fire station sites, and connections with the County roadway system -- in order to commit to and plan for the provision of services to the proposed annexation area. We look forward to assisting you with making your project a successful one that will benefit all of Indian River County. By keeping an open line of communication between us, I have no doubt we can succeed. ly Joseph armaL� Chairman, Board of County Commissioners Cc: Michael C. Zito, Interim County Administrator Dylan Reingold, County Attorney Indian River County Board of County Commissioners Submitted by George Glenn, lr. Jeanette Williams From: Sent: To: Cc: Subject: Lisa ---please set up Joe Griffin City Manager City of Sebastian 1225 Main Street Sebastian, FL32958 772-388-9200 office 772-581-0149 FAX www.citvofsebastian.org Joseph Griffin Friday, May 04, 201811:21 AM 'Jeff Bass'; Lisa Frazier, Dord Bosworth; 'Joe Schulke' Paul Carlisle RE: Graves Brothers Follow up .meeting From: Jeff Bass rmailto:ibassC&omvesbrothemmmnanv.mml Sent: Friday, May 04, 2018 10:51 AM To: Joseph Griffin; Lisa Frazier; Dori Bosworth; Joe Schulke Subject: Graves Brothers Follow up meeting All, Congrats on the favorable P&Z vote. Following our meeting last week we thought it would be a good idea for all of us to get together w/ the new city manager to discuss Graves Brothers' current and future annexation plans. I am available mid-aftemoon on Monday or any. time Tuesday. Please let me know what works for you. Thanks, Jeff Jeff E. Bass Graves Brothers Company __ 2770-Indian_Rivealvd.,-Suite 201 Vero Beach, FL 32960 Phone: (772) 562-3886 X 109 Fax: (772)562-3565 340 Jeanette Williams From: Lisa Frazier Sent: Monday, January 29, 2018 2:03 PM To: 'Joseph Schulke' Cc: Jeff Bass; Joseph Griffin Subject: RE: Graves Bros Joe Yes, we did speak with Joe regarding the annexation proposals. He is inclined to believe thatthe Council would be receptive to all requests for Annexations. He does not see the merit in waiting, even for the additional acreage. Please give me or Joe a call fora more detailed response if you desire. Sincerely, Lisa Leger Frazier, AICP Community Development Director City of Sebastian 1225 Main Street Sebastian, Florida 32958 Direct: 772-368-8228 From: Joseph Schulke rmatitn:-schulkeCalsbsencineem.com] Sent: Monday, January 29, 2018 1:36 PM To: Lisa Frazier Cc: Jeff Bass Subject: Graves Bros Lisa —did you speak with Joe G about the additional Graves Bros property?? What were his thoughts?? Is It worthwhile meeting with Joe about this? Anything else come from your conversation? Best regards, Joseph W. Schulke, P.E., LEED AP Schulke, Bittle & Stoddard LLC 1717 Indian River Boulevard, Ste. 201 Vero Beach, Florida 32960 (772) 770-9622 phone (772) 770-9496 fax w"vsbsenaineers.com aonred win us... 10 342 PLEASE NOTE'. SCHU.KE, SrrTLE & STODDARD LLC is providing CAD nes to the owner. contractor and/orsurveyorfor its convenience only. Only the signed aid sea ad drasmgs shall be considered to have pertinent linforniatior. for the constructor, of this project. Your Werd. on the clinched eectronic Wale) Is at your sole oak, since electronic files can be corrupted, edited, or may have additional data within the tiles that is not pertinent to the Eno; design as reflected in the signed arc sea ad drawings. SCHUL'KE. BITTLE & STODDARD LLC makes no representations orwarrames, abler express or implied, as to its suitability for any svcdc purpose. Wine we believe this drawing rite to be accurateal the time of retrieval, this media and is contents can be really altered or carmpted either purposely or inadvertently through any number of sources. For this reason, SCHULKE, BITTLE & STODDARD LLC, its manages and o-employees shall be it lemnlfed and he'd harmless from any and all liability that may "a or result from the use of this information by you- f1m, employees, agents or sub -contractors Any use of the is provided herein con.slitutes acceptance of the provisions stated herein. Tie irforepli contained in this email Is privileged and confidontia; and intended for the addressee only. It you are rot the intended pediment, you are asked to reseed that confider.Eality and not disclose. It or make use of Its contents. If remind in error you are asked to destroy this emal andcontactthesenderm, ediaby. Your assistance is appreciated. 3G3 Jeanette Williams From: Lauren Hamilton Ihaniton@sbsen9ineers.com> Sent: Tuesday, September 11, 201810:18 AM To: Jean Tafbell Cc: Joseph W Schulke P.E.; Jeff Bass; Lisa Frazier Subject: Re: Meeting Request Jean, This email will confirm the meeting for 10:00 am on Monday, September 17 at the City of Sebastian. Thank you for your assistance in scheduling this meeting. Lauren Hamilton Executive Assistant Schulke, Bittle & Stoddard, LLC 1717 Indian River Blvd, State 201 Vero Beach, FL 32960 772-770-9622 772,770-9496 Fax PL=ASE NOTE: This Information Is provided solely for your convenience only. SCHULKE. BITTLE 8 STODOARo LC makes no representations our wamanbes, either express or Implied, as to its suitability for any specific pumped. Mile we beileve this dni inB It. to be accurate at toe time of reViti this media and Its contents can be easily altered or corrupted either purposely our Inadvertently through any number of aources. For this reason. SCHULKE, 2=2 & STOOnABO LLC, its managers end or employees hot be i.d,.nirfd end held harm ins from ooyand ell liability tbet may vise our result from the use of this m1b melon by your firm, employees, agars or sub-coneaemn. My use a(Ne file provNad herein monstiWtn aceeptanceofthm provisions sttcm herein The information comeinM m Nu email is pswileged and confidential and intended for our s ldrnsee only. Ifyou ve not the intended recipient you am asked to respect that confidentiality and not disclose, copy or make use of in amens Ifoaso al an moor you are asked to dennoy, Na email and contact the send or immedlatoiy. Your assistance is appreciated -_On-Tue,_Sep=,2019st 9•T4 AM,La Cen.iiamittanSlhamdton@sbS zUieC[Srnr wrote.. Lisa and Paul, Joe Schulke and Jeff Bass would like to set up a meeting with you for either this Thursday (9/13), next Monday (9/17), or Tuesday (9/18) to discuss the Graves Brothers 1,000 acres south of CR 510. Please let me know what day and time works best for you both. Thank you, Lauren Hamilton Executive &sistant Schulke, Bittle Be Stoddard, LLC 1717 Ldim River Blvd, Suite. 201, .. Vero Beach, FL 32960 772-770-9622 772-770-9496 Fax PI -EASE NOTE. This inrnrmaI on Is provided sourly for your convaniampa only. SCHULKE, SITTLE & STODDARD LLC makes no rearesenalions or wenertles, ellher express or Imp led, as to Its sultao llty for any specific purpose. While we believe INs @awing file to be stuns el the time of hdneva, this media and Its contents can be easily altered or corrupted either purposely or inadvertently t'souph ary nturber of sources Far thisanon, SCRULKE, HITrLE& STODDARD 14C, its miici crs end or employers shalt be bdrmni5ed end held hsmlas, from any and ell Ilabihry Nar may arse or mutt from. the me of ads in( rmma, by your rim, emplpytta, agents or snxantnsctors. Any use crNe File provided herein conolituoa eceeplis.c or IN Dnu,inal s sated herein. The Infonnoden contalned in this .it is privileged and confidential end n wndrd roc the eddromee mtly. Ifyou are not Ina i hrI recipient, you in, asked to respect mn confidenirdiry and not disdme, copy or make use ores contemn. If received in ,in ,, as asked to decoy Into email and contact the sander Immediately, Your assistance Is appreciated 345 Jeanette Williams From: Joseph Schulke <jschulke@s'asengineers.com> Sent: Monday, May 07, 2018 3:28 PM To: Lisa Frazier, Jeff Bass Cc: Paul Carlisle; Joseph Griffin Subject: RE Graves 3rothers Follow up meeting 11 am works great for me. thanks Best regards, Joseph W. Schulke, P.E., LEED AP Schulke, Bittle & Stoddard LLC 1717 Indian River Boulevard, Ste. 201 Vero Beach, Florida 32960 (772) 770-9622 phone (772) 770-9496 fax www sbsenaineers com Connect wM us.. to PLEASE NOTE: SCHULKE, BITTLE & STODDARD LLC Is providing CAD files to the owner, caetractor and/or surveyor for its convenience only. Only the signed and sealed drawings shall be considered to have pemnent inforcahan for the construction of this project. Your reliance on Me attached electronic filets) is at your sole risk, since electronic files can be corrupted, edited, of may have additional data widdn the files that Is not pertinent to the final design as reflected in the signed and sealed drawings. SCHULKE, BITTLE & STODDARD LLC makes no representations or warranties, either express or Mplied, as to Its suitability for any specific purpose. while we believe this drawing file to be accurate at the time of retrieval, this media and its contents can be easily altered or corrupted either purposely or Inadvertently through any number of sources. For this reason, SCHULKE, BITTLE & STODDARD LLC, its managers and or employees shall be Indemnified and held harmless from any and all Ilabllity that may arise or result from the use of this Information by your fine, employees, agents or subcontractors. Any use of the file provided herein constitutes acceptance of the provisions staled herein, The information contained in this email Is mvilleged and =n2entlal and intended for the addressee only. If you are not the Intended recipient, you are asked to respect that confidentiality and not disclose. copy or make use of Its contents If received in error you are asked to destroy this all an contact the saner immediately Your assistance Is aopre-fated. From: Lisa Frazier <LFrazier@Cltyof5ebastian.org> Sent: Monday, May 07, 2018 2:56 PM To: 'Jeff Bass' <IbasstaeravesbrotherscomIda nv.com>; Joseph Schulke <Ischulke0sbsenelneers.com> Cc: ocarlislefiDdrvofsebastian.ore: Joseph Griffin <JGriffm@CttyOfSebastian.org> Subject: RE: Graves Brothers Follow up meeting Importance: High I am fine with 11:00. Paul? Joe? From: Jeff Bass fmailto:ibas'&aravesbrothemmmoanv.mmj Sent: Mond% May 07, 2018 2:45 PM To: Joseph Schulkz; Lisa Frazier Cc: Paul Carlisle; Joseph Griffin subject: RE: Graves Brothers Follow up meeting I can make 10 or 11, but would like Joe Schulte to be there. Jeff E. Bass Graves Brothers Company 2770 Indian River Blvd., Suite 201 Vero Beach, FL 32960 Phone: (772) 562-3886 X 109 Fax: 1772)562-3565 From: Joseph Schulke [mailto:ischulkenD sbseneineem.coml Sent: Monday, May 07, 2018 2:43 PM To: Lisa Frazier; jbass Cc: orarlisle6dtvofsebastian.oro: Joseph Griffin Subject: RE: Graves Brothers Follow up meeting Lisa — I have a 9 am, and will not be able to get to Sebastian by SO am. Can we make it at 11 am7(I know Joe G lunch is at 11:30-1 am certain our meeting will take less than Ya hour). Thanks Best regards, Joseph W. Schulke, P.E., LEED AP Schufke, BIBIe & Stoddard LLC 17171ndian River Boulevard, Ste. 201 Vero Beach, Florida 32960 (772) 770-9622 phone (772) 770-9495 fax vmw.slxssnnineeirs.com Connect with us... 0 PLEASE NOTE: SCHI It KF,_151131G R eTDDDA(jD ly(„iSprOV� n§-(.AfNIID51eL.e6VIPar�.DnIPoGtBrdntllDritlP/Cydr�aHFa'-&3n'IanienCPBnly Only the signed andseakd dres•Mgs shall be considered to hays, pertinent Information forthe construction of bills prpec,. Your reliance on the attached eleclronlo tiles) is at your sole rksL since electronic files can be covupted, edited, or may have additional data wlthi- [he Res that Is not partial to the final des'gn as reflected in the sg red and sealed drawings. SCHULKE. BIT r-E & STODDARD LLC makes no representations or varrartias, ether express or implied, as to its suitability for any soecRc purpose. Whi Is we believe this drawing the to be accuraL a!' be time of retrieval, We media and Its contacts can be early altered or corrupted either purposely or Inadvertently through any romber cf sources. For this reason, SCHULKE, BITTLE & STODDARD LLC, He managers and or employees shall be Indemnified and he'd tarmle as from any and all liability that may arise or result from the use of this information by your firm, employees, agents or suh-contractors. Any use of the Ole provided herein constitutes acceptance of the provisions stated herein. The intend alloy cent selned in [his email Is privileg ad and confidonual and intended for the addresses only. If you are not do intended retlaient, you are asked to res pest that confidentiality and not d:sclose, ropy cr make use of 0 contentsif received In error you are asked to destroy this small and contact the sadder Immediately. Your residence's aporec:ated. 347 From: Lisa Frazier <LFraz1er(@Chvof5ebastian.ore5 Sent: Monday, May 07, 2018 2:35 PM To: 'jbass' <ibassCcDzravesbro:herscomoanv.com>; Joe Schulke <ischulketesbsenaineers.com> Cc: ocarlisle(ocitvofsebastian.orc: Joseph Griffin <JGriffinOCltvOfSebastian.cre> Subject: RE: Graves Brothers Follow up meeting Mr Bass Are you and your representative available to meet at 10:00 am on Wednesday morning? Lisa Leger Frazier, AICP Community Development Director City of Sebastian 1225 Main Street Sebastian, Florlda 32958 Direct: 772-388-8228 From: jbass rmailto:ibass Wamvesbrotherscomoanv.coml Sent: Saturday, May 05, 2018 4:01 PM To: Paul Carlisle; Dorn Bosworth; Joseph Griffin; Lisa Frazier; Jae Schulke Subject: RE: Graves Brothers Follow up meeting I can meet any day next week except between 1 & 2.30 on Thursday Let me know what works. Jeff JeffE. Bass 2770 Indian River Blvd., k201 Vero Bach, FL 32960 772.562.3886 x 109 -------- OriglnalmFcsavr ___ ---- From: ncarlisle(@citvofsebastian.ore Date: 5!4/18 12:43 PM (GMT-05:00) To: Dorn Bosworth<dbosworthncitvofsebastian.ora>, 'Jeff Bass' <ibass(?a,gravesbrotherscomnany.com>, Joseph Griffin <JGrif rt(@CitvOfSebastian.ore>, Lisa Frazier<LFrazier,,@CitvofSebastim.ore>, Joe Schulke <i schutke(@s bsen2ineers.com> Subject: RE: Graves Brothers Follow up meeting Good afternoon, Us I unfortunately will not be available on Tuesday the 8"i. From: Dorri Bosworth Sent: Friday, May 04, 2018 11:25 AM To: 'Jeff Bass'; Joseph Griffin; Lisa Frazier; Joe Schulke; Paul Carlisle Subject: RE: Graves Brothers Follow up meeting Thank you Jeff —Tuesday afternoon does no: work for Community Development Dept. Monday afternoon/Tuesday morning may work. I've added Paul Carlisle, new City Manager, to our discussion to find out what works with his schedule. We'll get back with you soon. - D Don Bosworth, Planner Community Development Department City of Sebastian 1225 Main Str=e Sebastian, Florida 32958 (772) 589-5518 (772) 388-8248 fax dbosworthr ciworsebasdan,orz From: Jeff Bass(mailto:ibass(y`�oravesbrotherscomoanv.mml Sent: Friday, May( , 2018 1 S1 AM To: Joseph Griffin; Llsa Frazier; Dorri Bosworth; Joe Schulke Subject: Graves Brothers Follow up meeting All, Congrals on the favorable P&Z vote. Following our meeting last week we thought it would be a good idea for all of us to get together w/ the new city manager to discuss Graves Brothers' current and future annexation plans. I am available mid-aftemoon on Monday or any time Tuesday. Please let me know what works for you. 349 Thanks, Jeff Jeff E. Bass Graves Brothers Company 2770 Indian lover Blvd., Suite 201 Vero Beach, FL 32960 Phone: (772) 562-3886 X 109 Fax: (772) 562-3565 Florida has a very broad Public Records Law (Florida Statute Title X, Chapter 119: Public Records). Most written communications to or from State and Local Officials and agencies regarding State or Local business are public records available to the public and media upon request. Your email communications, including your email address, may therefore be subject to public disclosure. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. Think Green! Please do not print this e-mail unless necessary. Florida has a very broad Public Records Law (Florida Statute Title X, Chapter 119: Public Records). Most written communications to or from State and Local Officials and agencies regarding State or Local business are public records available to the public and media upon request. Your email communications, including your email address, may therefore be subject to public disclosure. If you do not want your e-mail address released In response to a public records request, do not send electronic mall to this entity. Instead, contact this office by phone or in writing. Think Greenl Please do not print this e-mail unless necessary. Florida has a very broad Public Records Law (Florida Statute Title X, Chapter 119: Public Records). Most written communications to or from State and Local Officials and agencies regarding State or Local business are public records available to the public and media upon request. Your Pmail commuoicatims,Jncludingyouur. =Uaddmss,may ---- th=_refore be subject to pu lie disclosure. It you do not want your a -mail address released in response to a pu lie records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. Think Greenl Please do not print this e-mail unless necessary. 350 Jeanette Williams From: Joseph Schulke <jschulke@sbsengineers.com> Sent Wednesday, September 19, 2019 2:18 PM To: Lisa Frazier Cc: Paul Carlisle; Jeff Bass Subject: Graves Bros Attachments: COS 2010 EAR.pdf Follow Up Flag: Follow up Flag Status: Completed Lisa —1 have attached the annexation section of the city's 2010 EAR. I believe it says that IRC and the municipalities are (at the time) working on an interlocal agreement (p. 66 ), and that the agreement identifies property reserved by the city for annexation south to 590 st. (p 66, and maps pp. 67-68), and that even if the interlocal agreement is notadopted, the city should continue an annexation policy that IS consistent with the interlocal agreement (p. 70). Further, numerous sections in the EAR also Identify needs for commercial, multi family, and industrial uses that can best be served by properties south of the city. If you need further policy and page no. references, I believe I identified all these sections within my analysis that accompanied the 75 acre annexation. I hope this helps. Best regards, Joseph W. Schulke, P.E_ LEED AP Schulke, Bittle, & Stoddard LLC 17171ndian River Boulevard, Ste. 201 Vero Beach, Florida 32960 (772) 770-9622 phone (772) 770-9496 fax www. SbSenOineors. com Contact An, us... " PLEASE NOTE: SCHULKE, BITTLEIt STODDARD LLD 6 providing CAD free to the owner, contractor 2ndlorgurvbypr for Its cdnVentinceonly. _ Only the all and sealed drawings shall be considered to have peNnent Information forthe construction crania project Your reliance on the attached electronic trials) Is at your sole risk, since electronic filar can he cormpted, edited, or may have additional data within the files that is not pertinent to the fnal design as refacted In the signed and sealed dravnngs. SCHULKE, SITTLE & STODDARD LLC makes no representations or varrantles, either express or implied, as to Its suitability for any spedr. purpose. While we believe this dmArg life N be accurate at the time of retrieval, this media and Its contents can be easily altered or corrupted either purposely or iradrertantly through any num bar of sources. For this reason, SCHULKE, SITTLE & STODDARD LLC, its managers and or employees shall be Indemnified and held harrhass from any and all liability Net may arise or result from the use of Nis Irtormaaon by your Arm, employees, agents or sub -contractors. Any use of the Te provided hersin consa'utes acceptance of the provisions stand herein. The infomaticr con:amd in this emet) Is privileged and confidential and intended for the addressee only If you are not the Imanded recipient, you are asked to respect that con lden iatry and not disclose, copy or make use w its contents. IF received in error you are asked to destroy Nis small and contact thBS&nder immediately, Your assistance is appreciated. ORDINANCE NO. 0-18-06 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR THE VOLUNTARY ANNEXATION FOR LAND CONSISTING OF 66.87 ACRES, MORE OR LESS, LOCATED SOUTH OF SEBASTIAN HIGHLANDS AND THE ELKCAM DRAINAGE ROW, WEST OF VACANT LANDS, NORTH OF C.R. 510 AND EAST OF SEBASTIAN RIVER WATER CONTROL DISTRICT CANAL; PROVIDING FOR THE EXTENSION OF THE CORPORATE LIMITS AND BOUNDARIES THEREOF; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the owners of real property in unincorporated Indian River County, contiguous to the existing corporate limits and boundaries of the City of Sebastian, and being reasonably compact, petitions the governing body of the City of Sebastian to be voluntarily annexed into the municipality; and WHEREAS, the City Council of the City of Sebastian, Florida finds and determines that the annexation of said parcel is in the best interest of the City; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. PROPERTY. The following described property now lying and being in an unincorporated area of Indian River County, Florida, is hereby annexed into the corporate limits of the City of Sebastian, Florida and the boundary lines of said City are hereby redefined to include said real property: See attached Exhibit `1' and as shown on the map within said Exhibit ` I', containing 66.87 acres, more or less. Section 2. INTERIM LAND USE AND ZONING CLASSIFICATION. The interim land use and zoning classifications for this property shall be consistent with the provisions of state law. Section 3. FILING. A certified copy of this ordinance shall be filed with the Clerk of the Circuit Court, as well as the Chairman of the County Conmtission of 324 Indian River County, Florida, and with the Florida Department of State within seven days of adoption. Section 4. NOTICE. That notice of this ordinance has been posted in accordance with Section 17L044, Florida Statutes. 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. CONFLICT. All ordinances or parts of ordinances in contact herewith are hereby repealed. Section 7. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any pan of this Ordinance is invalid, unenforceable or unconstitutional, the remainder of the Ordinance shall be invalidated and it shall be presumed that the City Council of the City of Sebastian did not intend to enact this Ordinance without such invalid or unconstitutional provisions. Section 8. 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 Jim Hill Vice Mayor Linda Kinchen Councilmember Ed Dodd Councilmember Albert lovino Councilmember Bob McPartlan The Mayor thereupon declared this Ordinance duly passed and adopted this 8'a day of August, 2018. I 325 CITY OF SEBASTIAN, FLORIDA LE ATTEST: Jim Hill, Mayor Jeanette Williams, MMC City Clerk Approved as to form and legality for reliance by the City of Sebastian only: James Stokes, City Attorney 326 M11 HOME OF PELICAN ISLAND Community Development Department Annexation Application - Staff Analysis June 6, 2018 Re: Graves Brothers Company —Annexation Request The property owners have requested a voluntary annexation into the City of Sebastian. The subject property consist of 66.87 acres, more or less, located south of Sebastian Highlands and the Elkcam drainage ROW, west and south of vacant agricultural lands, north of C.R. 510, and east of Sebastian River Water Control District canal. The subject property is currently vacant agricultural land in unincorporated Indian River County, 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 capacity concurrency for County utility services. Current zoning will remain with the County until such time as the applicant provides petition to the City for a zoning amendment. The applicant has requested for a future land use designation of CG `commercial general'. The property currently maintains an active agricultural use so the zoning will remain within Indian River County as A-1 until such time as conceptual planning has been completed for the property. A Statement of Impact and Concurrency Analysis has been submitted by the applicant as Attachment "A". STAFF FINDINGS A petition for annexation has been executed by the owners of the subject property and is consistent with Chapter 171 F.S. The property has been found to be coterminous with a part of the boundary of the municipality. "The separation of the territory sought to be annexed from the annexing municipality. ...a right-of- way for a highway, road, railroad, canal, or utility; or a body of water, watercourse, or other minor geographical division of a similar nature, running parallel with and between the territory sought to be annexed and the annexing municipality, shall not prevent annexation under this act, provided the presence of such a division does not, as a practical matter, prevent the territory sought to be annexed and the annexing municipality from becoming a unified whole with 327 respect to municipal services or prevent their inhabitants from fully associating and trading with each other, socially and economically". 2. The proposal is consistent with the goals, objectives and policies of the City's Comprehensive Plan. Policy 1-1.2.1 and Policy 1-1.2.2 recognize annexation of existing agricultural lands until such a time that urban growth is contiguous and agricultural activities are no longer economically sustaining. These Policies provide for a holding period to ensure orderly development that provides economic development opportunity, through a mix of industrial, commercial and housing that conforms to the City's Comprehensive plan and LDC in order to achieve diversification of the municipal tax base. 3. The proposal will not have an adverse impact on the public health, safety, welfare, or aesthetics of the city or region. 4. Level of Service (LOS) impacts have been addressed as part of the change in Future Land Use review. 5. A fiscal analysis of the proposed project reflects the annual value of the project to the City with a total assumed annual taxable revenue = $346,462. 6. The property legal description requires a review by the City surveyor prior to final approval. Lisa L. Frazier. AICP Prepared by 6/13/2018 Date 328 KERS.CAY SQ Treasure b Coast Elementary 0 m i ww WIT IV W gam, des ■ �Ie111 _ �O Q1111 ■1 iiiii a 1� ��,111 Aj Jeanette Williams From: Lisa Frazier Sent: Friday, August 03, 201812/01 PM To: 'jbass' Cc: Paul Carlisle Subject: RE: Graves Brothers Follow up meeting Attachments: 488 Sebastian_182ESR.pdf; RE. City of Sebastian 18-2ESR - FDOT D;strict Four Review Jeff Attached please find the documents from the commenting agencies regarding the proposed PLUM change for the 66 acre annexation. As we discussed, Staff believes we should proceed with a coordinated planning effort for the 510 corridor with the County prior to moving forward with any future annexations within this area. We believe that future requests may face resistance from commenting agencies and the DEO due to a lack of long range planning analysis. We will keep you apprised of our progress towards this analysis. Sincerely, Lisa Leger Frazier, AICP Community Development Director City of Sebastian 1225 Main Stredt Sebastian, Florida 32958 Direct: 772-388.8228 From: jbass rmailto:ibass(a)aravesbrothersmmoanv.com7 Sent: Saturday, May 05, 2018 4:01 PM To: Paul Carlisle; Dorrl Bosworth; Joseph Griffin; Usa Frazier; Joe Schulke Subject: RE: Graves Brothers Follow up meeting I can meet any day next week except between 1 & 2.30 on Thursday. of ma oCyL lhaf wnrke Jeff Jeff E. Bass 2770 Indian River Blvd., #201 Vero Beach, FL 32960 772.562.3886 x 109 330 DAvlD CO CONSULTING Ecological Su rviccs Annexation Area Map Report These maps were createdusing ArcGIS Online. We were able to measure the perimeter and contiguous boundary using ellipsoid-basedgeodesic calculation. The basemap is Esri's World Street Map, a vector tile layer which provides a detailedbasemap for the world symbolized with a classic Esri street map style. These maps were authored by Maegan Wettlaufer,AreGIS Technical Analyst and Dr. David Cox. Figure 1, Contiguous Boundary to Proposed Annexation Area The percentage of the length of the contiguous boundary over the proposed annexation area perimeter is 3.96%. The contiguous boundary can be found where the proposed annexation area marked in pink meets the 2019 annexation area in red. The contiguous boundary is 1,928.24 feet. The perimeter of the proposed annexation area is 48,684.34 feet. Figure 2: Contiguous Boundary to 2019 Annexation Area The percentage of the length of the contiguous boundary over the 2019 annexation area perimeter is 5.0°/u. The contiguous boundary can be found where the 2019 annexation area marked in red meets the south end of the city of Sebastian. The contiguous boundary is 440 feet. The perimeter of the 2019 annexation area is 8,800 feet. Figure 3: Contiguous Boundary to Proposed and 2019 Annexation Area The percentage of the length of the contiguous boundary over the proposed and 2019 annexation area perimeteris 0.76%. The contiguous boundary can be found where the 2019 annexation area marked in red meets the south end of the city of Sebastian. The contiguous boundary is 440 feet. The perimeter of the proposed and 2019 annexation area is 57,484.34 feet. Proposed Annexation Area Perimeter= 48,684.34 feet Contiguous Boundary Length= 1,928.24 feet Percentage of Contiguous Boundary to Proposed Annexation Area Perimeter-3.96% a Souxxs: W,HENE,Gaimin M,, NOAA. USGS 00wnSlw MaPeomnnumrs, aM the GIs Uw Commun Itya C tllp 1p llllly - Swrmvawr p ParF � S s n I. Figure 1: Contiguous Boundary to Proposed Annexation Area Percentage Vero Beach Rod Su. Gnll CIUU 4V�nter Beach DAVIDa�O\X CONSULTING P.cmlogl Pni 4ervi css N A Proposed and 2019 Annexation Area Perimeter= 57,484.34 feet Contiguous Boundary Length= 440 feet Percentage of Contiguous Boundary to Proposed and 2019 Annexation Area Perimete=0.76% Br_. 4 A m M1J x Cummings 9r,inwniw p Parr N S 01 Contiguous Boundary 'o, Vero B, x. o, Vd in ter Beach s Kis.vsd,xeae.cemna,rao,Nnnn.uscs, l Figure 3: Contiguous Boundary to I e0"n"n'elMapconitlbuiors, Proposed and 2019 Annexation Area Percenta e ndtheeisu,ere rnu�ny® P 9 DAVID CO CONSULTING ecological Services Cumnunps NN/D m Y 2019 Annexation Area Perimeter= 8,800 feet Contiguous Boundary Length=440 feet Percentage of Contiguous Boundary to 2019 Annexation Area Perimeter=5.0% Br I 2019 Sov¢e: Esb. HERE. Gain. FAO, NOAA. USG; c OMRStr tMap mnlributom and tM GIS Uurc rnunity® Figure 2: Contiguous Boundary to 2019 Annexation Area Percentage aa, paa Vwo Beach Winter Bead, DAVID CO CONSULTING F.cologtcal Services 1750359 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 2029 PG: 2122, 05/09/2006 08:33 AM DOC STAMPS D $0.70 0." Rc+vl n iv Tills INSTRUMENT PREPARED BY AND RETURN TO: SAMUEL A. BLOCK ESQUIRE 21 Royal Palm Polme, Suite IN VERO BEACH. FL 32%0 CONSERVATION EASEMENT THIS GRANT OF CONSERVATION EASEMENT, made and executed this 1 s tday of May , 2006, by SCHOOL DISTRICT OF INDIAN RIVER COUNTY, FLORIDA, a county government, whose mailing address is: 1990 25"' Street, Vero Beach, FL 32960, hereinafter called Grantor, to PELICAN ISLAND AUDUBON SOCIETY, whose mailing address is: P. O. Box 1833, Vero Beach, Florida 32961-1833, hereinafter called Grantee, WITNESSETH; WHEREAS, Grantor is the fee simple owner of certain real property situated in Indian River County, Florida, and WHEREAS, Grantor finds that it is appropriate to retain certain land areas on Grantor's property in their natural, scenic, open, or wooded condition; retaining such areas as suitable for habitat for fish, plants, or wildlife; retaining the structural integrity or physical appearance of sites or properties of historical, architectural, archeological, or cultural significance; and WHEREAS, the establishment of a conservation easement is required in accordance with Attachment "A", entitled "Funding Request -Project Narrative: Sebastian Highlands Scrub Acquisition" to that certain Sebastian Highlands Scrub Acquisition Expenditure Contract (FWC Contract No. 00314) by and between the Florida Fish and Wildlife Conservation Commission and the School District of Indian River County, Florida. More specifically, this conservation easement is being given for the real property described in Exhibit "A", attached hereto, relative to scrub -jay habitat currently protected and managed under the provision of the Sebastian Area -Wide Habitat Conservation Plan and the U.S. Fish and Wildlife Service, under the Habitat Conservation Plan Land Acquisition Program and is for the purpose of preserving, creating, or enhancing the scrub -jay habitats; and 493 BK: 2029 PG: 2123 WHEREAS, it may be appropriate pursuant to Indian River County Comprehensive Plan Conservation Element, Policy 6.12 to preserve certain native plant communities in viable condition with intact canopy, understory, and ground cover for the preservation of the scrub -jay habitat: NOW, THEREFORE, Grantor, for Ten and No/100 Dollars ($I0.00) and other good and valuable consideration in hand paid, by Grantee, by these presents does grant a conservation easement upon and across that real property described in Exhibit "A" to Grantee which conservation easement shall ran with the land and be binding upon the owner, its heirs, successors and assigns, and remain in full force and effect, enforceable by the Grantee either by injunction or proceeding in equity or at law, said easement specifically prohibiting any of the following activities: (a) constructing or placing of buildings, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground, except for any placards, signs, reports or any informational releases concerning the scrub -jay habitat project which acknowledge the Florida Fish and Wildlife Conservation Commission and the U.S. Fish and Wildlife Service, Habitat Conservation Plan Land Acquisition Program, as participants and contributors. (b) dumping or placing of soil or other substance or material as landfill or dumping or placing of trash, waste, or unsightly or offensive materials. (c) removal or destruction of trees, shrubs, or other vegetation. (d) excavation, dredging or removal of loam, peat, gravel, soil, rock or other material substance in such manner as to affect the surface. (e) surface use except for purposes that permit the land or water area to remain predominantly in its natural condition. (f) activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation. (g) acts or uses detrimental to the retention of land or water areas. (h) acts or uses detrimental to the preservation of the structural integrity or physical appearance of sites or properties of historical, archeological, architectural, or cultural significance. P 494 BK: 2029 PG: 2124 Notwithstanding any provision to the contrary herein contained, Grantor reserves the right for certain passive recreational uses not detrimental to the health of the ecological system. Notwithstanding any provision to the contrary herein contained, the above -stated conservation easement shall not transfer to Grantee any of the normal duties and obligations of the Grantor to maintain the fee simple property in a safe condition; provided, however, that the Grantee shall be responsible for the perpetual maintenance of the real property described in Exhibit'W'. Notwithstanding any provision to the contrary herein contained, the above -stated conservation easement shall not preclude the Indian River Mosquito Control District from obtaining access to the property for the purpose of mosquito inspection, treatment, and management This easement shall be perpetual and shall run with the land and be binding upon all subsequent owners of the servient estate. This easement shall be assignable to other governmental bodies or agencies, charitable organizations, or trusts authorized to acquire such easements. This easement may be enforced by the Grantee by injunction or proceeding in equity or at law. This easement may be released by the Grantee to the owners of the servient estate. This easement shall be recorded and indexed in the same manner as any other instrument affecting the title to real property. Grantor hereby covenants that it is lawfully seized of said servient land in fee simple, and that it has good right and lawful authority to convey the easements hereby established, and will defend the same against the lawful claims of all persons whomsoever. 3 495 BK: 2029 PG: 2125 IN �WITNESS WHEREOF, the Grantor has caused these presents to be t executed this S\ day of M 0, . 2006. Signed in the presence of. GRANTOR: SCHOOL DISTRICT OF INDIAN RIVER COM FLORIDA prints S By -Duncan N.P. Pritchett_ Ed.D. Title: Superintendent of Schools print e: 1, ru 11jJ_ c�YY) STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this \iL day of 2006by =!N,,r c.... as S.. nar • �.�.\� � of School District of Indian River'County, Florida, a county government, on behalf of and as the act and deed of said county government. He/she is-gy5pr13j1v k to me or has produced hl li\ (driver's license) as r con canon. zwio..k o:.�m,ys.mar,vne�.eian;R.wwwu<om.�.a...��u.yn NOTARY PUBLIC: P� nnm- Commission No.: ` Expiration: JUDY A. STANG Noiry Pu611e, Site of Florida My cams, ems. Apr. 21% 2007 COMM. Nor DD 191101 496 SK: 2029 PG: 2126 EXHIBIT "A" TO CONSERVATION EASEMENT Lots 1, 2, 4 and 5, Block 565, Sebastian Highlands, Unit 17, according to the Plat thereof, as recorded in Plat Book 8, Page 46, Public Records of Indian River County, Florida. Lots 1, 2, 5, & 44, Block 454, Sebastian Highlands, Unit 17, according to the Plat thereof, as recorded in Plat Book 8, Page 46, Public Records of Indian River County, Florida. Lots 1, 2 & 3, Block 566, Sebastian Highlands, Unit 17, according to the Plat thereof, as recorded in Plat Book 8, Page 46, Public Records of Indian River County, Florida. Lots 9, 10 & 11, Block 572, Sebastian Highlands, Unit 17, according to the Platthereof, as recorded in Plat Book 8, Page 46, Public Records of Indian River County, Florida. Lot 18, Block 571, Sebastian Highlands, Unit 17, according to the Plat thereof, as recorded in Plat Book 8, Page 46, Public Records of Indian River County, Florida. Lot 12, Block 572, Sebastian Highlands, Unit 17, according to the plat thereof, as recorded in Plat Book 8, Page 46, Public Records of Indian River County, Florida. Lot 3, Block 565, Sebastian Highlands, Unit 17, according to the Plat thereof, as recorded in Plat Book 8, Page 46, Public Records of Indian River County, Florida. 497 Public.net- Indian River Counry,FL- Report: 31382600001319000020.0 https://gpublic.schneidercorp.com/Application.mpX?ApPID=1109&L... Indian River County, FL Parcel Summary Parcel 10 313826000013150DO0200 Prof ID 25051 Loeatlon Address 925 GREENBRIER AV SEBASTIAN.FL32958 NBgbborhood Sell His unR13 (14002200) MaMetA . 14 Br1el Tao Doomptlen SESAIMM HIGHLANDS UNIT 13 BLK 319 LCIT520621 PSI 7-82C Property Use Code Single Familylmpa'red1010D1 Sa?wp/Rng 26-31-H Tan District 2-SEBASTIAN MlBage Rate 15.B583 Aoeage 0.46 Homestead y I"v,,a Metes and Bounds Owner Information Primary Owner Halman Paul F8 D9maM 925 Greenbrier Ave seGstUn, FL32958 Valuation 2022 Certified Values 2021 Certified Values 2010CRalfied Values 20190ertified Values ImpmvementValue $316,186 $262.619 $250,427 $239,946 Land Value $68.000 $58.480 $53.040 $40.280 LandAgrkuitural Value SO SO SO $0 Agrkultural(M.mare Value SO SO $0 SO JustlMarLepValue $384.186 S321099 $303.469 $2E8,236 Assessed Value $M1302 $292.429 $208J91 S281.907 Exempt Value $50.000 $50000 $50.000 $10.000 Taxable Value $251.202 $242.429 $238.391 $231.909 Maximum Save Oar Homes Portability $82,904 $28.630 $15,076 $6,319 Tons $4,280.75 $4,284.21 S4,30003 S4,247.89 Current Eumptions an this parcel: HE% -A -Additional 25L00 Homestead! Exemption HEX Eaempaionof Hamesteatls Repertingrepuirementontaerdlaaadingbx 196.W2(11 'Jot (Marxet)Value'desaiptwn'nil Hone vahmserablished Wthe ProteM Appraiser Wad valorem Purposes. Reis value doesmt represent anticipatM#Iling Prise Historical Valuation Land Information Code land Use Cm Ameniry Aor. Square Feet Zoning F SFZOMd; Mult SIIe T Typisalintedarsite OA6 2003T6 R510 I of 4 2/8/2023, 5:00 PM Public.net - Indian River County, FL.- Report: 31 hapsWilpublic schneidercorp.cam/Application.aspx?ApplD=1109&L... ti Indian River County, FL Parcel Summary parcel to 313824000012FAX10321.D Prop to 22913 lnntion Addres 1213 GEORGE 5T SEBASTIAN, FL 32958 Neighborhood Seb Malec l3/34/25 area(140013:00) Market Area 14 BrkFTax Description SEBASTIAN HIGHLANDS UNIT NO 108LK 299 LOTS 21622 Pat 6-37M PropeMuse Code Single Family-Improwd(OIWI secrrwp/Rng 24-31-38 Tax District 2-SEBASTIAN MIIIage Rate 158583 Acreage 0.46 Homestead Y V Metes and Bounds Owner Information %tmary Ownn Cox Grath leonard(n,hT kl6 1213 George St Sebasttam FL 32958 Addigonal Owner Coot loath Elaine ms)Rnkl Valuation 2022Cedified Values 20230erthed Values 2020 Cersded Values 20190ertlfiod Values Improvement Value $199.031 $174.462 SIW.5p5 S184.142 lvtivalue $98.600 $74,800 Saudi) 559.a40 land Agrioullural Value SO so SD $0 Rgricultoral(Marks* Value 50 $0 $0 s0 Jusl(Marl4n Value 529J,631 $249,262 $224,705 $243,982 AsttaMVaNe $150.904 S146.509 SI44,486 $141237 Exanytvabre $50.000 $5D.000 550.000 550,000 Taxable Value $10B904 $9615" $94.486 591,237 Maximum Save Our Homes Portability $146,727 $102J53 $80219 $102,745 Taxes $1.897,29 skBal.4) $1,876.51 S1.844.I6 Current ExempOoe on this parcel; HE)C-A-A6dicktml 25A00 Hpmey[edd Exemption NIX -Exemption of Homesteads Reporting repuirement on tax toll or to S. 196.002(1) 'Just(Markenvaiue'decriptiam This is the value established by the Property Apprager for ad valorem purposes. This value does not represent anticipates, selling price Historical Valuation Land Information code Iamuesoer Amenity Agre square Feel zoning F SFZaoed,Sm,IaSlb C- Canalorlakelmnt 0.23 I0018.B RS-10 F VRes-SF ZnM; Singl site C- Canal or Lakefront 0,23 10018.0 R510 Building Information TYPe Reeideze HC6V TotalArta 2,725 HVAC Forces, Ho,A¢w/Air Cd Heated Area 2102 Bathrooms 2 Exterior Walls Stuccpon Concrete Block Bedraam5 3 Interim Walls Drywall Total Rooms 6 Roofing Stories In RootType Actual Year Built 20W Frame Effective Year Built 2000 nwr Cawr Fireplace Code of 4 2l8/2023, 4:59 PM COLIN BAENZIGER*ASSOCIATES EXECUTIVE RECRUITING I I I I 1 1 I 1 I I I I 1 1 I I I 1 I Our Mrssiom To provide our clients with services that will significantly improve the management and operation of their organizations. Our Goal: To become recognized as the pre-eminent governmental executive search firm in the United States. Our Focus: To provide the highest quality executive search and consulting services to our clients. Who We Are: Colin Baenziger & Associates was established in 1997 and we initiated our executive search practice in 1998. Since then we have performed over400 executive search assignments for local governments (including over 225 CEOs) for local governments in 34 states ranging from Florida to Alaska, and Mane to California What Sets Colin Baenziger & Associates Apart: Experience —Our key people are almost entirely former city and county managers and/or elected officials. SuccessfulVirtuallyevery search has resulted in a placement and a satisfied client. Outreach —We will find the best candidates. Flexible —Every search is designed to meet the clients unique needs mid situation. Reliable —Wesay what wewill do and do whatwe say. Thorough —We provide exhaustive background and reference materials for each of the candidates we present. NI Inclusive Fee —Our fee includes all our costs and we never ask for more than the originally quoted fee. On Schedule —We have never missed a major project milestone. Guaranteed Result —Our work is guaranteed for one year. Customer Service —We arc there for you 24/6/313 (We try not to work on Sundays but arc available if needed) 2 NUllll Ill n4I.11 Willi RI PA RI RECRUIT PLACE PRul l Iv UfIICIALS IUUII I MI N CANDIDATES, AC)VERTISIMI: PROIILE N IS I.UNSUI I11AII IUI CONDUCT UI IICIAIS l S <NIIICVII I.niAll 10 It I It'll THOROUGH SIIIiI INIfRVIIW PAIAMM C ANDIPAIIA BACKGROUND I'INAIIsIS Ill 'INAII�Iti SCREENINGS WIIII NIGOIIAH Null),AI I l lilll l:AU C,ONIIiACI ()IIIt Al S CANOIDAII-) UN -COIN(' IIII� IIII WITH ANO of IIIIII: rA»IS fA N( f I � l _ SEIECIE]I Cnunlnnl l ST muS cANI)IIMII A(1 RII ON fIIROUGIIUUT � 1 1 1 1 1 1 1 1 1 1 I 1 1 OUR PROGRAM Task One: Develop asense ofthe City its elected officials, the organizatunis staff, and the community so we can identify the best candidates. • Get to knew the Members ofthe Council and their priorities. • Meet with other stakeholders the City Attorney suggests. • Understand the issues the next CityAttomey will face. • Develop the description of the ideal candidate • Develop the target compensation package. • Finalize the recruitment schedule. 7iuk'livo: Develop the candidate recruitment brochure. Task Three: Recruit a field ofstrongcandidates. • Conduct an aggressive search for thevery best candidates via telephone and email. • Advertise in the trade press. Reviewour database. 'liuk Four: Evaluate candidates. Identify the 6-12 best candidates. • Interview the candidates to assess their abilities. • Conduct thorough reference and background checks. Truk Five: Present a comprehensive package of materials for each of 6-10 outstanding candidates. TiukSixr Select Finalists. • Meet with the Council in discuss the leadingcandidates. • Council Members select finalists. 4 I I I i I I i I Task Seven: Notify all candidates oftheirstaws. Task Eight: Assist in the interview and selection process. • Provide a list ofpossible questions that the Council Members may wish to ask during the interviews. • Coordinate and oversee the interviewpmcess. Task Num: Debriefthe Council and assist it in selecting the next City Attorney. W The Assist the City in negotiating the new CityAttorney's employment agreement. Task Eleven. Contin uing Assistance. OPTIONS AND THOUGHTS FOR PUBLIC PARTICIPATION Structure: • General: On-line surveys of the public, staff and any others you desire Formal: Stakeholder Meetings, Fomms, Interview Panels and/or Citizens Advisory Committee • Informal: Meet and Greet/Reception (Circumstances Permitting) Feedback Mechanisms: • Input to the Consultant • Direct Input to the Members ofthe City Council Members • Interview Panel Comments • Summary of Survey Responses Factors to Consider: Time • Resources Impact j 3 3 wMr i��Ilk Ik i KEY TEAM MEMBERS COLIN BAENZIGER I Principal, Colin Baenziger&Associates • Former City Manager in Wellington, Florida, with over ten years of municipal experience. • Former Manager and Analyst with the District ofColumbix. • Over twenty-fiveyears ofprivate sector experience. • Elected Board Member ofa Master Homeowners Association with 22,000 Members. • Master's Degree with Distinction from Cornell University's Graduate School ofManagement. • Member, International City/County Management Association, and seveml state chapters. LYN ELLS KLEIN I Senior Vice President for Operations, Colin Baenziger & Associates • Started as a Research Assistant with CB&A 12 years ago and is now the number 2 person in the company. • Has led and/orserved as Deputy Project Manageron numerous City Manager Searches. • Oversees Cohn Baenziger & Associates production work and back office operations. STEPH EN SORRELL I Senior Vice President, Colin Bacnziger & Associates • Involved in municipal management and consulting for more than 35 years. • Former City Manager, Assistant City Manager, Finance Director and Transportation Engineer for Hamilton, OH. • Former Executive Director, Emerald Coast Utilities, Pensacola, Florida(17years). • Bachelor of Science in Civil Engineering from the University of Dayton and an MPA from the University ofCincinnali. • Professional Engineer in Ohio and Florida RICK CONNER I Senior Vim President, Colin Baenziger & Associates • Former City Manager of Sunny Isles Beach, FL, Pordand,'FX, and Marble Falls, TX. • Former Public Works Director for Nashville, TIN, and Bryan, TX, and Engineering Director for El Paso, TX • Bachelor ofScience in Business Administration and in Engineering from the University of Missouri. • Professional Engineer in Florida, Missouri, Tennessee and Texas. • Class License in Surface Water and Wastewater(TX). Invenmr ofscuba diving equipment and accessories. 0 I 1 I - 1 I 1 I 1 I I I I I I I I I PROJECT COSTS & WARRANTY Search Fee: $34,500 Includes all costs except those associated with bringing the candidates and spouses to the City for the interviews (air fare, meals, car rental and so on). Warranty I. We will not approach the selected candidate for any other position as long as the individual is employed as your City Attorney. 2. Ifthe selected individual leaves for any reason other than an act of God withal the first year, CB&A will repeat the search for our expenses only. 3.Ifyou are not satisfied with the candidates we present, CB&A will repeat the search until you anesatisfied. 4. Our price is guaranteed and wil l not be exceeded for any reason, even if onditions change after the contract is executed. d M SOME OF OUR RECRUITMENT'S &CLIENTS City Manager, Albany, GA County Attorney, Clay County, FL City Manager, Ankeny, IA City Attorney, Daytona Beach, FL City Manager, Bellevue, WA CityAttorncy, Fort Lauderdale, FL CityManager, Cocoa Beach, FL City Attorney, Fort Pierce, FL City Manager, Cottonwood Heights, U'r County Attorney, Fulton County, GA City Administrator, Dickinson, ND City Attorney, Lawton, OK City Manager, Doraville, GA CityAttorncy firm, Naples, FL City Manager, Fairborn, OH CityAttorncy, Ocala, FL City Manager, Greensboro, NC City Attorney, Port St. Lucie, FL CityManager, Indianola, IA CountyAnomey, Prince William County, VA City Manager, Mt, Pleasant, MI CityAttorncy, Roanoke,VA City Manager, Melbourne, FL Fire District Attorney, St. Lucie County Fire District, FL City Manager, Naples, FL City Attorney, Vem Beach, FL City Manager, Normandy Park, WA City Attorney, West Melbourne, FL City Manager, Norwich, CT Chief Labor Negotiator, Orlando, FL City Manager, Palm Bay, FL Borough Manager, Matanuska-Susitna Borough. AK City Manager, Roanoke, VA County Administrator, Clackamas County, OR City Manager, Sarasota, FL County Manager, El Paso County, TX City Manager, Scottsdale, AZ County Administrator, Polk County, IA City Manager'rncoma, WA Executive Director, South Sound 911, Pierce County, WA City Manager, Winchester, VA General Manager, Tampa Bay Water, FL City Manager, Yakima, WA Executive Director, Sewerage and Water Board of New Orleans, LA 8 pN1.1.1114l Md .IAI.111 YM s-livl:)ossv 0IIIDIZNIV4j NIIOD NOI-LV`d3UISNOD 2dAO,k 2i O A AO),, N N d ,7 lJ IT II10V I Reid Pre y KcsidcntW Property at max alkwattion of 2 ()% 3. R Units 1. M*Am Dws4 a 40%mkbu W .0 Iti uneuvac 2. Low Da ky at 40%ce U M A S unaysc 3. Wry t,ow Dam at 20% midewial to i unziwae 4. Total Unb 43.1+3.2+3.3 ) S. Density for Own Rea! Property (10.771'2044) 2,044 Acres 2,0440.8R 1,635 ac m (I AIS'.4)*10 - 4.40 swift 0A32*A)*S-3.276ssib (I.A32'2rl - "I n»lb 10.794units S.28 unit%lac OPEN SPACli is not accounted for primarily because the property, by agreenmV, will be developed in more than one Parcel over time, each will have unique mixed use characteristics. However by agracment the Real Property will have a requiremeat for 1.90% open space within Residential anmuts, as directed by ma's Lane! Ihwelopnicrit Code. THIS INSTRUMENT RETURNS TO: Jeanette Williams, MMC, City Clerk City of Sebastian 1225 Main Street Sebastian, Florida 32958 THIS INSTRUMENT PREPARED BY: Paul R. Gougelman, III, Esq. Weiss Serota Hellman Cole & Bierman, P.L. 200 East Broward Blvd. -19th Floor Ft. Lauderdale, FL 33301 Property Appraiser's Identification # 31-38-36-000001-0000000-7.0 31-38-36-000001-000000-10.0 31-38-36-000007-0000000-1.0 31-38-36-000007-0000000-2.0 31-38-36-000003-0000000-1.0 31-08-36-000003-0000000-2.0 31-38-36-000003-0000000-3.0 31-38-36-000003-0000000-4.0 31-38-36-000005-0000000-1.0 31-38-36-000005-0000000-2.0 31-38-36-000005-0000000-3.0 31-38-36-000007-0000000-3.0 31-38-36-000007-0000000-4.0 32-38-01 -000001 -0000000- 1.0 32-38-01-000001-0000000-3.0 32-38-01-000003-0000000-4.0 32-38-01-000005-0000000-3.0 32-38-01-000005-0000000-4.0 32-38-01-000007-0000000-1.0 32-38-01-000007-0000000-3.0 32-38-01-000001-0000000-2.0 32-38-01-000005-0000000-2.0 31-38-36-000001-0000000-7.0 31 -38-36-000001 -000000-10.0 31-38-36-000003-0000000-2.0 31-38-36-000003-0000000-3.0 31-38-36-000003-0000000-4.0 Changes cited by the City Manager under item #1 OA Manny Anon, Jr., City Attorney City of Sebastian 1225 Main Street Sebastian, FL 32958 31-38-35-000003-0000000-2.0 31-38-35-000001-0000000-1.0 31-38-35-000001-0000000-2.0 31-38-36-000005-0000000-2.0 32-38-02-000003-0000000-1.0 32-38-02-000005-0000000-5.0 31-38-35-000005-0000000-3.0 31-38-35-000007-0000000-3.0 31-38-35-000007-0000000-3.1 32-38-02-000001-0000000-1.0 32-38-02-000001-0000000-2.0 32-38-02-000007-0000000-2.0 32-38-02-000007-0000000-3.0 31-38-35-000003-0000000-1.0 31-38-35-000005-0000000-1.0 31-38-35-000007-0000000-1.0 31-38-35-000007-0000000-4.0 31-38-35-000007-0000000-2.0 32-38-01-000003-0000000-1.0 32-38-01-000007-0000000-1.0 32-38-01-000005-0000000-1.0 32-38-01-000007-0000000-2.0 32-38-01-000003-0000000-2.0 32-38-01-000003-0000000-3.0 31-38-36-000007-0000000-3.0 31-38-36-000007-0000000-2.0 31-38-36-000005-0000000-1.0 Sebastian/Annexalion 187-Agl Final Draft 02/61108/2023 ANNEXATION AGREEMENT FOR GRAVES BROTHERS COMPANY THIS AGREEMENT is made and entered into this day_ of 20 2023, by Graves Brothers Company, a Florida Corporation, whose address is 2770 Indian River Blvd., Suite 201, Vero Beach, FL 32960-4230; and the City of Sebastian, a Florida Municipal Corporation (hereinafter: the "City"), whose address is 1225 Main Street, Sebastian, Florida 32958. RECITALS: WHEREAS, the City of Sebastian, a Florida Municipal Corporation, is specifically authorized pursuant to Section 171.044, Florida Statutes (2022), to annex land upon the petition of the property owner; and WHEREAS, Graves Brothers Company, a Florida Corporation, has petitioned the City for voluntary annexation of the Real Property; and WHEREAS, Graves Brothers Company, a Florida Corporation, hereby affirms that the Real Property meets all requirements for annexation pursuant to the aforesaid Section 171.044, Florida Statutes (2022) and as otherwise set forth in Florida law and the City's Codes and Ordinances, for the voluntary annexation of real property; and WHEREAS, Graves Brothers Company, a Florida Corporation, and the City desire to set forth certain understandings with regard to the proposed use of the Real Property upon annexation, and based thereon, the parties hereto desire to enter into this Annexation Agreement; and WHEREAS, the City further enters into this Agreement pursuant to its Charter and home rule powers pursuant to Article VIII, Section 2, Florida Constitution of 1968 and Section 166.021, Florida Statutes; and WHEREAS, Graves Brothers Company, a Florida Corporation, legally Incorporated by the Secretary of State, State of Florida, which corporate charter and standing with the State of Florida is current active, and in good standing, as a Florida for -profit corporation; and WHEREAS, Graves Brothers Company, a Florida Corporation, is authorized by Chapter 607, Florida Statutes, and its charter, articles of incorporation, and by-laws to execute this Agreement; and WHEREAS, Graves Brothers Company, a Florida Corporation, by execution of this Agreement hereby affirms, warrants to, and affirms the City that it has taken all requisite corporate action to approve the execution of this Agreement; and WHEREAS, at the time of execution of this un-amended, base document Agreement, Graves Brothers Company, a Florida Corporation, was and is the legal Owner of certain Real Property (the "Real Property") located in Indian River County, Florida, which Real Property is the subject matter of this Agreement; and WHEREAS, Graves Brothers Company, a Florida Corporation, hereby affirms, warrants to, and assures the City that it has legal marketable title in fee simple to the Real Property has lawful authority to petition for the voluntary annexation of the property set forth herein and desires to annex the Real Property into the municipal boundaries of the City; and Sebastian/Annexation 187.Agt Final Draft 02/9i/08/2023 WHEREAS, said Real Property constitutes 2,044.3 +/- annexed acres of property within the Southwest area of the City of Sebastian which is reasonably compact and contiguous to the municipal boundary of the City, and will not result in the creation of enclaves; and WHEREAS, the parties desire to enter into this Agreement relating to the annexation of the Real Property in order to achieve the Development of the Real Property permitted under Article III of this Agreement and all in the promotion of the public health, safety, welfare, economic order, and aesthetics of the City; and WHEREAS, this Agreement has been found to be consistent with the City's Comprehensive Plan and amendments pending adoption thereto; and WHEREAS, on February 08, 2023, the City Council of the City of Sebastian adopted Ordinance No. 0- 22-07 approving this Agreement and directing the City Manager to execute this Agreement as provided in Section 3.04(g) of the Charter of the City of Sebastian; and WHEREAS, it is the intent of the parties hereto to Develop the Real Property based on the terms of this Agreement; and WHEREAS, all parties hereto have, without duress, voluntarily entered into this Agreement. NOW, THEREFORE, in consideration of TEN and 001100 Dollars ($10.00) and certain other valuable considerations, each to the other paid in hand, the sufficiency and receipt all of which be and the same is hereby acknowledged, the parties desiring to be legally bound hereby agree as follows: ARTICLE I RECITALS: DEFINITIONS Section 1.1. Recitals: Properties Subject to Agreement. The Real Property shall be held, transferred, sold, conveyed, occupied, annexed, and Developed subject to this Agreement. Each and all of the foregoing recitals (the "WHEREAS" clauses above) are hereby declared to be true and correct and are Incorporated herein. Section 1.2. Definitions. In this Agreement, unless the context otherwise indicates, the terms set forth below are defined as follows: (a) "Affordable Housing" as defined by the Federal Department of Housing and Urban Development (HUD) and Chapter 420, Florida Statutes, means that monthly rents or monthly mortgage payments including taxes, insurance, and Utilities do not exceed 30 percent of the amount which represents the percentage of the median adjusted gross annual income for the households. (b) "Agreement" means and refers to this Annexation Agreement and as the same may be amended from time to time. (c) "City' means and refers to the City of Sebastian, a Florida Municipal Corporation. (d) "Commercial Use" means the portions of the Real Property intended to be Developed with professional Office or retail Commercial Development as provided in the Land Development Code. There may be one or more Commercial Parcels which are predominantly connected with the sale, rental and distribution of products, or performance of services. (a) "Compatibility" or "Compatible' is defined as the characteristics of different uses or activities or design which allow them to be located near or adjacent to each other. Some elements affecting Sebastian/Annexation 18Z.Agt Final Draft 0210-V08/2023 compatibility include the following: height; scale; mass and bulk of structures; pedestrian or vehicular traffic, circulation, access and parking impacts; landscaping; lighting; noise; odor; and architectural style. Compatibility does not mean "the same as." Rather, it refers to the sensitivity of Development proposals in maintaining the character of existing Development. (f) "Concurrency" is the legal requirement that specked Public Facilities (recreation and Open Space, potable water, reuse water, sanitary sewer or Wastewater, solid waste, Stormwater Management System, and transportation) be provided for, by an entity to an adopted Level of Service. (g) "Conservation" refers to environmentally sensitive areas that reserves and restricts Development on those lands in order to protect the environmentally sensitive lands. (h) "Consistent with the Comprehensive Plan" means a condition in which Land Uses or conditions can co -exist in relative proximity to each other in a stable fashion over time such that no use or condition is unduly negatively impacted directly or indirectly by another use or condition. A Development shall be consistent with the comprehensive plan if the Land Uses, densities or intensities, and other aspects of Development permitted by such order or regulation are Compatible with and substantially further the policies, Land Uses, densities or intensities, capacity or size, timing, and other aspects of the Development in the comprehensive plan, and if it meets all other criteria enumerated by the City, Including the Land Development Codes in effect at the time of issuance of a Final Development Order. See §§163.3164 and 163.3194, Fla. Stat. (i) "County" means and refers to Indian River County, a political subdivision of the State of Florida. 0) 'Density" is used as a measurement of the number of Dwelling Units per gross acre of land. (k) "Developer" is one who actually Develops, or has the right to Develop, any portion of the Real Property regardless of size. A Developer may also be an Owner of all or a portion of the Real Property. (1) "Development" or to "Develop" means and is defined as set forth in Sections 163.3164 and 380.04, Florida Statutes, as amended, or superseded, from time to time, which is set forth below. The construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure; the making of any material change in the use or appearance of any structure or land, or the dividing of land into three or more parcels; any mining, excavation, landfill or land disturbance; and any nonagricultural use or extension of the use of land, are all activities included within the terms "Development" or to "Develop." The term "Development or to "Develop" includes redevelopment. The term "Development" or to "Develop" shall Include construction within any public Right of Way that is dedicated, conveyed, or proposed to be conveyed or dedicated to the public or to a governmental entity. "Development" shall be the planned or actual act of placing Development on the land, consistent with City Code and Florida Statutes. (m) "Development Order" means any order granting, denying, or granting with conditions an application for a Development Permit. See §163.3164, Fla. Stat. (n) "Development Permit" includes any building permit, zoning permit, subdivision approval, rezoning, certification, special exception, conditional use, variance, or any other official action of local government having the effect of permitting the Development of land. See §163.3164, Fla. Stat. (o) "Dwelling Unit" is a room or group of rooms forming a single independent habitable unit used for or intended to be used for living, sleeping, sanitation, cooking and eating purposes by one (1) family only; for owner occupancy or for rental, lease or other occupancy and containing independent kitchen, sanitary and sleeping facilities. A Dwelling Unit per gross acre is also a measure of Density. Sebastian/Annexation 167-.Agt Final Draft 02/07W82023 (p) "Final Development Order means the issuance of a Development Order for a Site Plan or in the case of a Residential Use for Single -Family Dwellings, a Development Order for a final Plat. In certain cases as specifically stated in this Agreement, a Final Development Order may mean a building permit to commence construction of a structure or building. (q) "Floor Area Ratio" or "FAR" is a measurement of non-residential Development which represents the gross floor area of all buildings, structures, or similar as compared to the total area of the property on which it is located. The Floor Area Ratio is a fraction, the numerator of which is the gross floor area of all floors in structures and the denominator of which is the square footage of the property. The ratio is measured in square feel to the area of a Real Property, excluding any bonus or transferred floor area. (r) "Green Infrastructure" refers to ecological systems, both natural and engineered, that act as living infrastructure. Green Infrastructure elements are planned and managed primarily for Stormwater control, but also exhibit social, economic and environmental benefits. (s) "Impact Fee" means a fee levied by the City, or other governmental entity, on new Development so that the new Development pays its proportionate share of the cost of new or expanded Public Facilities required to service that Development. (t) "Industrial Land Use" or Industrial Use" means the portions of the Real Property intended to be Developed with activities predominantly connected with manufacturing, assembly, processing, or storage of products, which are defined herein as an Industrial Use. There may be one or more Industrial parcels. (u) "Heavy Industrial Land Use' or "Heavy Industrial Use" refers to an Industrial property subtype in which the property Is occupied by one or more tenants and the property is utilized for heavy industrial purposes, i.e. heavy manufacturing, petroleum products, cement, recycling center, and other uses, all of which Heavy Industrial uses must be consistent with and as provided by Section 54-2-5.6A of the Land Development Code of the City of Sebastian, as amended, or superseded, from time to time. (v) "Infrastructure" means and refers to those man-made structures which serve the common needs of the population, such as: roadways, Wastewater or sewage, Stormwater, Wastewater treatment or disposal systems; potable or reuse water systems; potable water wells serving a system; solid waste disposal sites or retention areas; Stormwater systems and outfall; Utilities; bridges; and, roadways. (w) "Institutional Land Use" means the portions of the Real Property intended to be Developed with facilities providing a government or public service, recreation, certain Infrastructure Developments, or Conservation, which are defined herein as an Institutional Use. There may be one or more Institutional Parcels. (x) "Land Development Code" means ordinances or resolutions enacted by the City Council for the regulation of any aspect of Development and includes any local government zoning, rezoning, subdivision, building construction, landscaping, or sign regulations or any other regulations controlling the Development of land, or as amended from time to time. See Land Development Code and §163.3164, Florida Statutes. (y) "Land Use" means the Development that has occurred on the Real Property, the Development that is proposed by a Developer on the land, or the use that is permitted or permissible on the land under the then currently effective comprehensive plan or element or portion thereof, or the Land Development Code, as the context may indicate. Sebastian/Annexation 187-.Agt Final Draft 02/07l08/2023 (z) "Level of Service" means and refers to an indicator of the extent or degree of service provided by or proposed to be provided by a facility based on and related to the operational characteristics of the facility. Level of Service shall indicate the capacity per unit of demand for each Public Facility. (as) "Lot" means and refers to a parcel of land of at least sufficient size to meet minimum zoning and Land Development Code requirements, in existence at the time of Platting or Development, for use, coverage and area, and to provide such yards and other Open Spaces. (bb) 'Low Impact Design" means systems and practices that use or mimic natural processes through incremental treatment of Stormwater runoff that result in the infiltration, evapotranspiration or storage of Stormwater in order to protect water quality and associated aquatic habitat. (cc) "Master Planning" or "Master Planned" means creation of illustrative plan depicting the Real Property and locating Development area, spine roads, and assigning intensity and/or density to the Development area. (dd) "Manufactured Housing' means a Mobile Home fabricated on or after June 15, 1976, in an offsite manufacturing facility for installation or assembly at the building site, with each section bearing a seal certifying that it is built in compliance with the federal Manufactured Home Construction and Safety Standard Act. (as) "Mixed -Use Development" means and refers to a type of Development that combines a mix of uses that shall include a mixture of residential, office, commercial, recreational, limited industrial and/or Institutional uses within one building or multiple buildings with direct pedestrian access between uses. Also, a Mixed -Use Development may encourage town centers along major arterial transportation corridors. (ff) "Mobile Home" means a residential structure, transportable in one or more sections, which is 8 body feet or more in width, over 35 body feet In length with the hitch, built on an integral chassis, designed to be used as a dwelling when connected to required Utilities, and not originally sold as a recreational vehicle, and Includes the plumbing, healing, air-conditioning, and electrical systems contained therein. (gg) "Multi -Family Dwelling Units" means three or more attached dwelling units either stacked vertically above one another and/or attached by side or rear walls. (hh) "Open Space(s)" means and refers to lands suitable for passive recreation, Conservation, Stormwater uses (inclusive of lakes and canals) as further defined in this Agreement and in the City's Land Development Code and Comprehensive Plan Site Specific Policy 1-1.7.1. (ii) "Owner" means and refers to Graves Brothers Company, a Florida Corporation, organized under the laws of the State of Florida, the record owner of the fee simple title to the Real Property, less and excepting all ROW, and to its or their successors, heirs and assigns or the Developer. 0) "Planned Unit Development" or "(PUD)" is a form of Development recognized from time to time within the City's Land Development Code as a specific implementing zoning district and which creates a Planned Development. Development that is designed as a unit, and which shall include only one or a mixture of Land Uses, and which generally avoids a gridiron pattern of streets, and usually provides common Open Space, recreation areas or other amenities. Requirements Include submission and review of Site Plans as part of the zoning or rezoning to a PUD zoning district. (kk) "Planned Development" Is land that is under unified control and planned and Developed as a whole in a single development operation or a definitely programmed series of Development operations. A Planned Development includes principal and accessory structures and uses substantially related to the character and purposes of the Planned Development. A Planned Development is constructed according to Sebastian/Annexation 18z.Agl Final Draft 02/03/08/2023 comprehensive and detailed plans which Include not only streets, Utilities, Lots or building sites and the like, but also Site Plans and floor plans for all buildings as intended to be located, constructed, used and related to each other, and detailed plans for other uses and improvements on the land as related to the buildings. (II) "Parcels" means any contiguous quantity of land capable of being described such that its location and boundaries may be established, that is designated by its owner(s) or developer(s) as land to be used or developed as a unit, or that has been used or developed as a unit. (mm) "Plat" shall be defined as a map or delineated representation of the subdivision of land or lands, being a complete exact representation of the subdivision and other information in compliance with the requirement of all applicable sections of Chapter 177, Florida Statutes, as amended from time to time, and City subdivision regulations, in effect at the time of platting or replatting of a particular Development. The term "plat" shall include a replat. See §177.031, Fla. Stat. (nn) "Public Facilities" or "Public Facility" means publicly owned Infrastructure including, rights -of -way, roadway or transportation systems or facilities, sewer or Wastewater systems or facilities, solid waste systems or facilities, Stormwater facilities, drainage systems or facilities, potable or reuse water systems or facilities, educational systems or facilities, parks and recreation systems or facilities and public health systems. (oo) "Real Property" means and refers to all such existing real property as described in Exhibits to & 1B, attached hereto and by this reference incorporated herein. To the extent that the written metes and bounds legal description and the pictorial sketch conflict, the sketch shall supersede the written metes and bounds legal description In Interpreting the description of the Real Property. (pp) "Residential Land Use" or "Residential" means the portions of the Real Property intended to be Developed with a residential use, for use as Single Family Dwelling Units or Multi -family Dwelling Units, which are defined herein as a residential use. There may be one or more Residential parcels. (qq) "Recreation Facility" means a component of a recreation site used by the public such as a trail, court, park, athletic field, swimming pool, or for the pursuit of leisure time activities occurring in an indoor or outdoor setting. (rr) 'Right of Way' means and refers to land in which the state, a county, a municipality or a special or Improvement district, holds the fee simple title or has an easement, or dedicated rights of use, required for a public use. (as) "Single Family Dwelling Unit" means a structure containing a residential single family Dwelling Unit occupying the building from ground to roof. (it) "Site Plan" means an illustrated proposal for the Development or use of a particular piece of the Real Property. The illustration consists of a map or sketch of how the Real Property will appear if the Development proposal is accepted by the City. The requirements for the contents of a Site Plan are as set forth in City's Land Development Code, as amended from time to time. The Site Plan regulations applicable to Development of a specific parcel of the Real Property shall be those in effect at the time of approval of the Site Plan by the City. (uu) "Stormwater" means and refers to the flow of water which results from and which occurs immediately after a rainfall event. (w) 'Stormwater Management System" means and refers to a feature or facility which collects, conveys, channels, holds, inhibits or diverts the movement of Stormwater shall be inclusive of Best Management Practices (BMP). Sebastian/Annexation 187.Agt Final Draft 02/07/08/2023 (ww) "Utility" includes but is not limited to gas, water, re -use water, sewer, telephone, power, Stormwater drainage, and cable television. (xx) "Wastewater" means the spent water of the community comprising the liquid and water - carried wastes from residential uses, commercial uses, industrial uses, and institutional uses, together with minor quantities of ground and surface waters that are not admitted intentionally. ARTICLE II ANNEXATION Section 2.1. Petition to Annex. (a) The Owner has voluntarily submitted to the City a formal and revised Petition or request for Annexation of the Real Property. This Agreement memorializes the existing Petition to Annex by the Owner and constitutes a Petition to Annex the Real Property. The Owner warrants that the Petition has been executed by all of the existing fee simple title owners of record of the portion(s) of the Real Property to be annexed and has been filed with the City in compliance with any and all applicable requirements of law, including, but not limited to, Chapter 171, Florida Statutes. (b) This sub -section of the Agreement represents and includes findings by the Owner and the City that: (1) A substantial portion of the boundary of the Real Property is substantially contiguous to the City's corporate boundary. "Contiguous" is defined as set forth in Section 171.031, Florida Statutes; (2) The Owner, for itself and the Developer of each subdivision or Parcel of the Real Property, at its sole expense, intends to provide adequate Public Facilities for the Real Property; and (3) The Real Property is ideally suited for annexation into the City due to its proximity to the City and adjacent transportation corridors and Public Facilities; and (4) The annexation will yield substanfial benefits to the Owner, the City, and to the Real Property in the form of planned Mixed -Use Development, an increased tax base to the City, Conservation of natural habitats, Open Space, and increased employment opportunities. (c) The Annexation petition to annex a portion of the Real Property may be withdrawn by the Owner of that portion of the Real Property at any time prior to final approval of the annexation ordinance pertaining to that portion of the Real Property. If the petition is withdrawn, this Agreement is hereby terminated as to that portion of the Real Property, and the parties hereto shall not be bound by this Agreement with regard to its application to that portion of the Real Property. However, no application fees or other type of fee or charge paid to the City or any other governmental entity, or obligated to be paid to the City or other governmental entity shall be refunded, and the City shall be released form any liability for the release of the obligation or refund of the fee or charge by the Owner. This provision shall survive the termination of this Agreement. Section 2.2. Consideration of Petition. The City shall have the full and complete right to deny annexation, defer annexation, or approve annexation of the Property or any portion thereof. By execution hereof, the Owner understands and agrees that the City makes no representation as to the suitability or legal appropriateness of the Real Property for annexation or that the City will annex the Property at any time or based upon any specific conditions, except as otherwise set forth herein. Sebastian/Annexation 187.Agt Final Draft 02/04108/2023 Section 2.3. Cooperation. The Owner agrees to cooperate in the process of annexing the Real Property, based on any time schedule, as may be required by the City in its sole and absolute discretion, subject to the provisions of this Agreement. Annexation of any part or portion of the Property shall not relieve the Owner of Its obligation to cooperate with the City in, and to keep alive the Petition for, Annexation of all the Real Property, or portions of the Real Property. Section 2.4. Litigation. Should any "party affected," or as defined in Chapter 171, Florida Statues (or any successor statute), file a legal action with a court of competent jurisdiction contesting the annexation of the Real Property or this Agreement, the Owner, at the request of the City, agrees to participate in defense of the annexation and this Agreement. Further, with regard to any attorneys' or paralegals' fees or court costs, or adverse judgment, incurred by the City directly relating to its defense of any lawsuit with the City, If any, relating to contest of the annexation hereunder or this Agreement, the Owner agrees to indemnify and save harmless the City for the payment of any claims or damages, as well as any court costs, adverse judgment and attorney's and paralegal's fees, incurred in defending said action or as a direct or indirect result of said action. As used herein, the term "defense" shall include any counter -claims, appeals, or cross -appeals. As used herein, reference to attorney's fees or paralegal's fee shall apply to both trial and any appeal and to any negotiation of settlement of claims relating to this Agreement or any annexation. The Owner will have to make any payment to the City within ten (10) days of receiving any invoices from the City pertaining to any claims or damages, as well as any court costs, adverse judgment and attorneys or paralegal's fees, or court costs, as stated above. The City, at it sole cost and expense, will have the authority pursuant to this Agreement to retain the legal counsel of its choice. ARTICLE III DEVELOPMENT OF THE PROPERTY Section 3.1. Develooment Plan. (a) Future Develooment Planning. (1) As of the Effective Date of the original, un-amended Annexation Agreement, there is no graphic or written version of a Development Plan for the Real Property. The Owner/Developer agrees that this Agreement does not authorize approval of any specific Development Order, subdivision or Site Plan proposal. However, the Owner and any Developer of any portion of the Real Property, agrees that minimum standards in this Agreement shall guide and bind the Development of the Real Property. (2) The Owner and the City agree that due to the size of the Real Property and its location, that Development of the Real Property shall be Master Planned through a Mixed Use PUD zoning on a minimum of 400 acre Parcels as part of the Planned Unit Development (PUD). Development of the Real Property shall consist of a well -planned, sustainable and integrated system of Land Use; consistent with Future Land Use Map (FLUM) and City Ordinance 0-22-13, [see Section (b)(2) a. through m., infra] containing a mix of Residential and non-residential uses. (b) Comprehensive Plan Land Use Desianation. The City has taken action to designate the Real Property on the Future Land Use Map (FLUM) of the City's Comprehensive Plan as Mixed Use as provided in Policy 1-1.3.6 of the Future Land Use Element. (1) Mixed Use (MU) Develooment. The Real Property shall be Developed Consistent with the Comprehensive Plan Future Land Use Classification in effect and according to Florida Statutes at the time of Development as determined by the City, and in no event will the Real Property Development exceed the maximum Density and Intensity of Use in this Agreement, and will satisfy all other requirements of this Agreement. The purpose of the Mixed Use designation is to provide a mixture of Sebastian/Annexation 187.Agt Final Draft 02/44408/2023 Residential, Commercial, recreational, Industrial, Heavy Industrial, and Institutional uses and promote town centers along major arterial corridors. The Development of the Real Property shall be Master Planned as a PUD on a minimum of 400 acre Parcels. Within each-Pafeelthe real orooertv, a range of Mixed Uses consisting of 60%-60% Residential Land Use categories shall be balanced with a mixture of non-residential Land Use categories with a range of 20% - 40%. During the PUD process, the acreage within the PUD shall be a mix of uses including Residential, Institutional, Commercial and Industrial. The Residential Land Use on the Real Property shall Include a target mix of 40% Medium Density, 40% Low Density and 20% Very Low Density for the purposes of calculating permissible density. Densities may be transferred within each PUD parcel, or outside to other PUDs within the Real Property, provided the Residential Land Use range is not exceeded on the Real Property. There shall be a minimum 50% Open Space requirement for the Residential property. Non-residential Land Uses may include up to 25% Multifamily Residential Uses. Notwithstanding any other provision in this Agreement, the Density permitted on the Real Property shall be the allowable Density per the limiting factors as further defined in this Agreement and in the City's Land Development Code and Comprehensive Plan Site Specific Policy 1-1.7.1. .Notwithstanding any other provision.in-thisAgreement, themaximum-Densityfor -Residential -usesis10,7-74 ---- . Formatted: Not Highlight 794 gFess-units- an average of 5.2�2L,du/ac fer-of the Real Propertyj, - --- --- ------- -------- -- Formatted: Not Highlight Notwithstanding any other provision in this Agreement, the maximum Intensity on Commercial Use shall be 0.6';', + Formatted: Not Highlight FAR, and the maximum Intensity on Industrial Use shall be 0.5 FAR. There shall be a minimum 30% Open j Formatted: Not Highlight Space requirement for the Industrial and Commercial Uses. ' Formatted: Not Highlight (2) Comprehensive Plan Reouirements. The City has approved Ordinance 0-22-13 as part of the Comprehensive Plan which includes the following principals of Mixed -Use Development for the Real Property. These principles shall further guide and bind Development of the Real Property under the Comprehensive Plan Site Specific Policy 1-1.7.1, as amended from time to time. The Owner agrees to and consents to the site specific policy as set forth below which is the policy adopted by the City Council in effect at the time of consummation of this Agreement in its original, un-amended form, which is set forth below. a. Rezoning of the property shall be done through a Planned Unit Development process as described in Article XX of the City's Land Development Code, as amended, or superseded, from time to time. b. Housing types shall be mixed to meet various income levels and lifestyle choices; a mix of Single Family Dwelling Units and Multi -Family Dwelling Units (the `Dwelling Units") consisting of a variety of housing choices In order to achieve the mix of housing required for affordability and accessibility within a mixed use development. The housing mix targets 40% Medium Density up to 10 units/acre; 40% Low Density up to 5 units/acre; and 20% Very Low Density up to 3 units/acre, Including at least 5 percent (5%) and up to 10 percent (10%) of the Dwelling Units on the Real Property as being Affordable Housing. c. Provision for future dedication of Right of Way, at the time of Development, to the extent required for the Development and upon mutual consent of the Owner, shall be transferred to the appropriate entity to promote an interconnected, extended and improved grid road system, along with a well -planned transportation system of roads and streets throughout the Real Property, in coordination with the County, to specifically include 80 Avenue, 813' Street, 77' Street, and 73i° Street, as well as 70 Avenue. d. Provision shall be made on the Real Property for a mixed -use 'Town Center area including an active street frontage or context sensitive street design, compatibility of central theme or design character, and a comprehensive transportation network that promotes walkability thru compact Development and proximity of structures, reduces auto dependence, and connects to state and local transportation corridors. Sebastian/Annexation 187.Agt Final Draft 10 02101408/2023 a. To the extent required for and at the time of the Development, future dedication and donation of Institutional parcels may be required as necessary for governmental services such as post offices, public safety, schools, etc. and Public Facilities 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. f. Strategic assembly of commerce and industrial development consistent with the City's Comprehensive Plan Mixed Use Land Use. g. To the extent required for and at the time of the Development, future dedication or conveyance of Conservation lands to appropriate entity 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. L. To the extent required for and at the time of the Development, 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 Codes specifically: a minimum of 2 acres per 1000 residents of publicly accessible recreation lands, and a minimum of 2 acres per 1000 residents of other recreational lands. Publicly accessible lands shall be designated at the time of PUD zoning and may be conveyed to the City. The dedicated lands, shall count towards the required aggregate open space required for the Real Property; I. Increased buffers adjacent to low density areas outside of the PUD area shall be in accordance with existing City Land Development Codes. 1. Asa condition of future Development of the Real Property, the Owner shall provide sufficient land area for Public Facility Infrastructure required to support the Development and mandate hook-up to central potable water and wastewater systems for all new Developments on the Real Property prior to receiving final Development Orders. Therefore, the proposed development of any portion of the Real Property must provide sewer/wastewater, reclaim water systems and Stormwater Management Systems, 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. k. The property shall be Master Planned on a minimum of no less than Increments or units of 400 acre Parcels as part of an overall Planned Development project using the PUD zoning district and process, and shall promote Green infrastructure through a comprehensive plan of connected Stormwater, greenways, and Open Space that provides for wildlife habitat, Stormwater Management System and recreational opportunities including Low Impact Design and Best Management Practices. I_ The Real Property shall consist of a mix of uses consisting of 20.40 percent non-residential gross acreage to 60-80 percent residential gross acreage, with fact that Open Space requirements must be satisfied. m. The Real Property Development shall have a minimum aggregate total of 50% Open Space for Residential Land Uses and 30% Open Space for non-residential land uses in accordance with Sec. 54-2- 5.10(c) City Land Development Code, including but not limited to each of the following uses which shall qualify to meet the Open Space requirement: conservation and preservation land; greenways and trails; all parks whether passive or recreational; all common Open Space; Stormwater uses (inclusive of lakes and canals), wetland preservation, preservation of habitat for Protected Species which is left undeveloped, and any Sebastian/Annexation 187.Agt Final Draft 02104M8@023 11 pervious portions of the Real Property conveyed to the County or City for a Wastewater treatment plant, schools, fire station or police station. (c) Any residuary amount of the Real Property remaining after the PUD Development Permitting of all phases of the Real Property, the Owner/Developer agrees that those residuary properties shall be submitted for Development and specific Land Development consistent with the adjoining property. (d) Consistencv with Comprehensive Plan. The Parties agree that as required by Florida law all Development constructed on the Real Property must be Consistent with the Comprehensive Plan, as it exists at the time of issuance of a Final Development Order for the particular Development that is the subject of the Final Development Order. See §163.3194, Fla. Stat. (a) Mobile Homes and Manufactured Housina. (1) Notwithstanding other provisions in this Agreement, Mobile Homes with or without essentially flat roofs may be located on any Parcel of the Real Property for not more than 780 consecutive days in any four non -calendar year period solely for purposes of use as a building construction office facility. Otherwise, Mobile Homes and Manufactured Housing shall not be Developed on the Real Property. (2) In the event that the foregoing sub -section (e)(1) is deemed unenforceable or otherwise stricken by a court of competent jurisdiction or other governmental authority, Mobile Homes and Manufactured Housing may only be permitted by such that Mobile Home or Manufactured Housing roofs that are visible from any public or private Right -of -Way shall be of hip, gambrel, mansard, or gable styles. Roof height, bulk, and mass must appear structural even when the design Is nonstructural. The following requirements shall apply: (1) All Single -Family Dwelling Units and Duplex buildings shall have a pitched roof covering a minimum of 65 percent of the overall floor area under the roof; (2) Pitched roofs shall have a minimum slope of 5:12 (five inches vertical rise for every 12 inches horizontal run) and shall have an overhang beyond the building wall; however, the overhang shall not encroach into an easement; (3) Flat roofed areas including, but not limited to, porches or screen rooms are permissible in the remaining 35 percent of floor area under roof; and (4) Flat roofs shall be located at the rear of the building out of view from the public right-of-way. (3) In the event of a hurricane or other major weather disaster in which the City determines that single-family or multi -family Residential housing on the Real Property or in the City is destroyed or substantially not habitable, the City may unilaterally authorize the temporary placement of Mobile Home or Manufactured Housing on the Real Property for a period not to exceed 1,095 consecutive days. Thereafter, the Mobile Home or Manufactured Housing on the Real Property must be immediately and promptly removed at other than City expense. Section 3.2. Commercial Development. (a) Uses. A variety of non -Residential Land Use designations shall be maintained to assure availability of sites that accommodate the varied site and spatial requirements for such activities as: professional and business Offices, Commercial activities, employment generating businesses and general retail sales and services. In doing so, the City shall promote the image and function of the urban core which is the City's center for commerce as well as civic and cultural enrichment. Office Development may serve as a transitional use separating more intensive Commercial uses from Residential Development in order to create a tiered Development strategy. (b) Heioht: Intensitv. The Owner/Developer agrees that a maximum height for all structures shall be thirty-five (35) feet, as calculated pursuant to the Land Development Code in effect at the time of the Sebastian/Annexadon 187.Agt Final Draft 12 02/91fQ$/2023 issuance of a Final Development Order; subject always to the provisions of the Land Development Code in effect at the time of the issuance of a Final Development Order. The Commercial Land Use category consists of Neighborhood, Limited and General uses in progressive degrees of higher intensity: (1) Neighborhood level Commercial activities are defined in the City's Land Development Code from time to time as including retail and office activities that service Residential neighborhoods. (2) Limited Commercial Land Use designation is to consist of sites intended to accommodate neighborhood level commercial activities. The maximum Intensity is 0.6 FAR. Limited Commercial activities and personal services shall include establishments catering to the following markets: a. Neighborhood Residential markets within the immediate vicinity as opposed to county -wide or regional markets; or b. Specialized markets with customized market demands. (3) 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 Land Development Code. General Commercial designations are located in highly accessible areas, adjacent to major arterials. (c) Platting Subdivision. Prior to commencement of construction, the Owner/Developer agrees that Lots within any Commercial Parcel shall be Platted or Subdivided by and at the sole cost and expense of the Owner/Developer subject to the Land Development Code in effect at the time of the Issuance of a Final Development Order. Section 3.3 Residential Develooment. (a) Uses. The residential Land Use category consists of "Very Low Density Residential," "Low Density Residential," "Medium Density Residential," or "Mixed Use" residential uses in progressive degrees with higher Density in areas adjacent to the urban core and less Density in the perimeter of the City. Residential Development shall be planned and designed to create and perpetuate stable Residential neighborhoods and implement the policies stipulated in the Clty Comprehensive Land Use Plan. Accessory uses include customary accessory uses of a residential nature, clearly incidental and subordinate to the principal use, including guest houses or Adult Dwelling Units (ADU's), garages, in keeping with the residential character of the area, all as permitted or prohibited pursuant to and consistent with the City's Land Development Code in effect at the time of issuance of a Final Development Order for a building permit. (b) Density( Residential Develooment Standards. The Owner/Developer agrees that Development on the Residential property shall meet the following standards: (1) Areas designated as "Very Low Density" shall accommodate up to three (3) dwelling units per gross acre and shall be comprised of primarily single-family detached homes on individual lots; (2) Areas designated as "Low Density" shall accommodate a maximum Density of up to five (5) dwelling units per gross acre and shall be comprised primarily of single family detached homes on individual lots and attached residential homes; Sebastian/Annexation 187-.Agt Final Draft 13 0210MN023 (3) 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 gross acre. The Density of uses within this designation should be sensitive to adjacent neighborhoods to ensure appropriate transitions, buffers, and Compatibility. (4) Density on Residential property may be clustered or transferred from Residential property to Residential property or Commercial property; provided, that the requirements of this Agreement are not otherwise exceeded, all in an effort to provide Open Space or higher Density Development in certain areas of the Real Property. (c) Affordable Housina. The Owner/Developer is encouraged to coordinate with non-profit legal entities to further expand opportunities for Affordable Housing. (d) Platting: Subdivision. Prior to commencement of construction, any Subdivision of the Residential property shall be platted by and at the sole cost of the Owner/Developer pursuant to the City's Land Development Codes in effect at the time of Subdivision. Section 3.4. Industrial Land use Develooment. (a) Uses. The purpose of the Industrial Land Use designation is to provide strategically located sites for Industrial needs and requisite support services. The City's Industrial land Use may be further designated as Industrial (IND), or Heavy Industrial (HI), in order to support future economic Development and job growth. The locations for IND and HI should be located with convenient access to major transportation routes. New industrial locations shall ensure protection of environmentally sensitive lands, protected natural resources, and Protected Species. (1) Industrial (IND) - Land Use designation provides for limited manufacturing and industrial uses which minimize the potential for any adverse impacts upon nearby properties which include: Utilities; light manufacturing, assembling and distribution activities; warehousing, storage and wholesaling activities; general commercial activities; aviation related industry, services and facilities; support services such as night watchmen or custodian residential accessory uses; and other similar land uses which shall be regulated through appropriate zoning procedures. (2) Heaw Industrial (HI) - Land Uses are subject to additional protective measures through appropriate zoning procedures. The City will establish separate HI district location criteria and performance criteria that provide a greater separation from impacts to surrounding Land Uses. Uses permitted in the HI district allow a broader range of uses that may have a greater impact on adjacent properties including: sites which require large surface area, bulk storage facilities, logistic centers/ terminals; distribution centers; warehousing, manufacturing and processing; green technologies and wholesale recycling operations; and support services such as night watchmen or custodian residential accessory uses. (b) Heiaht: Intensitv. The maximum height for all structures shall be thirty-five (35) feet, as calculated pursuant to the Land Development Code in effect at the time of the issuance of a Final Development Order. Subject always to the provisions of the Land Development Codes in effect at the time of the issuance of a Final Development Order and notwithstanding any other provision in this Agreement, the maximum Intensity of Industrial Use shall not exceed a 0.5 Floor Area Ratio. (c) Location Standards (1) Industrial sites shall generally be allocated in areas accessible to arterial roads, rail corridors, or near airport facilities and should be located in more sparsely Developed areas. New Industrial Land Use areas shall also be located near an existing Compatible Land Use, separated from Residential Sebastian/Annexation 187.Agt Final Draft 02/0M08/2023 14 Tracts and Institutional Tracts. Where new Industrial Land Use Parcels are adjacent to environmentally sensitive lands, protected natural resources, or Protect Species, appropriate buffers and other techniques shall be used to ensure protection of such lands and resources from industrial Development. (2) The allocation of land resources for industrial Development shall be responsive to the location and space requirements of Industrial Land Use activities and potential fiscal and environmental impacts on the City. The location and distribution of Industrial Land Use shall be determined based on the following considerations: I. Trip generation characteristics and impact on existing and planned transportation systems, including dependency on rail, air, or trucking for distribution of material and goods; il. Anticipated employment generation, floor area requirements, and market area; iii. Ability to meet established performance standards for preventing or minimizing nuisance impacts, such as emission of air pollutants, glare, noise or odor, or generation of hazardous by-products; iv. Impact on established as well as anticipated future Development and natural systems; and V. Impact on existing and planned public services, Utilities, water resources, and energy resources. (3) The City shall prevent nuisance impacts frequently associated with Industrial activities by maintaining performance standards in the Land Development Code for managing emission of noise, air pollutants, odor, vibration, fire or explosive hazard, and glare. (4) In addition to the performance standards identified above, the City shall establish performance standards in the Land Development Code as it pertains to both Industrial and Heavy Industrial districts which at a minimum address, but are not limited to, the following: I. Allowable uses; ll. Land Use Compatibility, buffering and landscaping; Ill. Access points, traffic controls, and parking; V. Signage; V. Gross floor area, impervious surface ratios; vi. Open space; vii. Character of an area; viii. Locational factors; ix. Environmental impacts; and X. Secondary containment and open air storage facilities. (d) Platting; Subdivision. Prior to commencement of construction, Lots within any Industrial Tract shall be Platted or Subdivided by and at the sole cost and expense of the Owner/Developer subject to the Land Development Code, in effect at the time of the issuance of a Final Development Order. Section 3.5. Institutional Land Use Develooment. (a) Uses. The Institutional Land Use designation is intended to accommodate existing public and semi-public services including: governmental administration buildings; public schools, not -for -profit educational institutions and charter schools; hospital facilities and supportive health care units; arts and cultural or civic facilities; essential public services and facilities; cemeteries; fire and emergency operation facilities; public and private parks and recreation areas; and Utilities. SebastianlAnnexation 187.Agt Final Draft 16 02/0=812023 (b) Heipht: Intensity. The maximum height for all structures shall be thirty-five (35) feet, as calculated pursuant to the Land Development Code, in effect at the time of the issuance of a Final Development Order. Subject always to the provisions of the Land Development Code, in effect at the time of the issuance of a Final Development Order and notwithstanding any other provision in this Agreement, the maximum Intensity of this designation is floor area ratio of 0.6. The location, scale, timing, and design of necessary public and semi- public services and Utilities shall be closely coordinated with Development activities in order to promote more effective and efficient delivery of requisite services and Utilities. The City shall maintain and enforce appropriate standards and specifications for the design and construction of public and semi-public services in order to promote cost effectiveness and quality control consistent with all applicable federal, state, regional, and local standards. (c) Plattino: Subdivision. Prior to commencement of construction, Lots, or Parcels of the Real Property within any Institutional portion of the Real Property shall be Platted or Subdivided by and at the sole cost and expense of the Owner/Developer subject to the Land Development Code in effect at the time of the Issuance of a Final Development Order. Section 3.6. Reservations or Dedications of Land for Public Purposes. (a) Reservation or Dedications. Except as otherwise set forth below, reservations or dedications of portions of the Real Property shall comply with the Subdivision regulations set forth in the City's or County's Land Development Code, as applicable, effective at the time of Site Plan approval for a given portion of the Real Property Development. All dedications or conveyances of road Right of Way, Stormwater Management Systems, water and sewer lines and lift stations, and other Infrastructure, to the City, County, or other governmental entity, shall, at the time of dedication or conveyance, be free and clear of all mortgages, liens, and encumbrances and shall only be required by and at the time of Development. (b) Roadways: Public Riahts of Way. (1) To the extent required for the Development and at the time of Development, the Real Property Development area will include connections to County Road 510, 82n' Avenue, and W Street right of way and roadways shall be Developed as permitted and consistent with Chapter 14-97, Florida Administrative Code. (2) To the extent required for the Development, the aforementioned connections to County Road 510, 82nd Avenue, 69th Street, and the existing City and area road network, will all be made at time of Development and at the sole cost and expense of the Owner/Developer, and at no cost to the County, the City, or any other governmental entity. The City may require that traffic islands for signage, safety, or aesthetics within these public access Rights of Way which shall be dedicated or conveyed to the City, or other appropriate governmental entity. (3) The City acknowledges its intention, in good faith, to: I. Coordinate the pro-rata funding of Interchange, bridge crossings, or roadways with the Developers or owners of adjacent land, when such land is benefited by those improvements; and ii. Implement, when possible and agreeable with other land Developers or owners a "cost recovery" program for Utilities under the County's or the City's operation and control. (c) Nothing in this Agreement shall prevent the Owner, Its heirs, successors, and assigns from receiving impact fee credits or other compensation for any conveyance of land or for any provision of public infrastructure to the City, County, or other local government entity to the extent such conveyance of land or provision of public infrastructure exceeds the impacts created by the Development of the Real Property, and Sebastian/Annexation 187.Agt Final Draft 16 02104408/2023 provided the City, County, or other governmental entity assesses impact fees for such infrastructure now or in the future. (d) Transmission. Distribution Svstem. To the extent required by the Development and at the time of Development, the Owner/Developer of each portion of the Real Property will at the time of Development be responsible at its sole cost and expense for the installation of, connection to, or disconnection from, pressurized Wastewater treatment, gravity Wastewater, pressurized potable water, and pressurized County reuse pipes, lees, bends, valves, joints, laterals, pumps, and other appurtenances (hereinafter: "Facilities") and for the transmission of sewage, potable water, reuse water, or Stormwater. Said Facilities shall be capable of operation and maintenance for a term of years as required at the time of installation by the County. Said Facilities shall be conveyed to the County or the City, as directed by the City, on a schedule to be Developed by the City in consultation with the County. (a) Over -sizing of Utility Public Facilities. The City or the County shall have the right to require, and the Owner/Developer accepts the responsibility of providing and maintaiaieg-all I Its expense, oversized Utility Public Facilities, Including but not limited to potable water, Wastewater Treatment, Stormwater Management System, and water reuse, all to serve additional properties on -site or off -site of the Real Property; provided that a mutually agreeable cost recovery system can be put in place to reimburse the Owner/Developer for the over -sizing of the Utility Public Facilities. ARTICLE IV ENFORCED DELAY. DEFAULT, REMEDIES AND TERMINATION Section 4.1. Enforcement as Permitted by Statute. This Agreement is enforceable by any party to this Agreement. Parties to this Agreement, and their successors, heirs, assigns and any Developer shall enforce this Agreement as provided in Section 4.3. Section 4.2. Institution of Legal Action. In addition to any other rights or remedies, any party hereto, or their successors and assigns, may institute legal action to cure, correct or remedy any default, to enforce any covenants or agreements herein, or to enjoin any threatened or attempted violation thereof; to recover damages for any default; or to obtain any remedies consistent with the purpose of this Agreement. This Agreement and each provision hereof section shall not be interpreted as a pledge of ad valorem tax or other revenues. Parties to this Agreement, and their successors, heirs, and assigns, shall enforce this Agreement as provided in Section 4.3. Section 4.3. Enforcement by anv Partv to this Aareement. (a) Notice of Default: Riaht to Cure. In the event of default by any Party to this Agreement, or said Party's heirs, successors and assigns, with regard to this Agreement or of any of its terms or conditions, the Party alleging such default or breach shall give the breaching Party not less than sixty (60) days' Notice of Default in writing in the manner provided for giving notice as set forth in Section 6.5. The time of notice shall be measured from the date of certified mailing. The Notice -of Default shall specify the nature of the alleged default, and, where appropriate, the manner and period of time in which said default may be satisfactorily cured. During any period for curing the default, the party charged shall not be considered in default for the purposes of termination or institution of legal proceedings. If the default is cured, then no default shall exist, and the noticing party shall take no further action. (b) Option to Institute Legal Proceedinas. After proper notice and the expiration of said period to cure default, the noticing party to this Agreement, at its option, may institute a legal proceeding, if the default has not been cured. Sebastian/Annexation 187.Agt Final Draft 17 0210440812023 (c) Waiver. Failure or delay in giving Notice of Default or seeking enforcement of this Agreement shall not constitute a waiver of any default. Except as otherwise expressly provided in this Agreement, any failure or delay by another party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any such rights or remedies or deprive such party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies. (d) Violation. In the event of violation of this Agreement by the Owner, the Developer, or any of their heirs, successors or assigns, the City shall have the right to refuse to issue further building permits, Final Development Orders, or certificates of occupancy or certificates of completion, all as the case may be, limited as to that phase of Development, or Plat of that phase of the Development where the violation is applicable, all until such time and event as all such violation(s) are corrected and that phase of Development of the Real Property is brought into compliance with this Agreement, applicable law, ordinances, resolutions, and the Land Development Code. The City shall be required to notice the violator with a notice of the nature of the violation and afford a reasonable period to cure the violation(s) before withholding building permits, Final Development Orders, or certificates of occupancy or certificates of completion relating to the phase of Development and not to the violation itself. The City is authorized by this Agreement to use any form of code enforcement to assure conformance with this Agreement. ARTICLE V ENCUMBRANCES AND RELEASES ON REAL PROPERTY Section 5.1. Discretion to Encumber. The parties hereto agree that this Agreement shall not prevent or limit the Owner or a Developer in any manner at said individual's sole discretion, from encumbering the Real Property or any portion of any improvement thereon by any mortgage or other security device securing financing with respect to the same; provided, that said mortgage or other security device shall be released or satisfied as to said property prior to or simultaneous with its conveyance or dedication to the City or an incorporated property owner's, homeowner's or condominium association. The City acknowledges that the lenders' providing such financing may require certain modifications, and the City agrees, upon request, from time to time, to meet with the Owner or a Developer and/or representatives of such lenders to negotiate in good faith any such request for modification; provided, that this Agreement shall not require the City's acquiescence to any action or resolution of a dispute or claim. Any mortgages or beneficiaries of a security instrument shall be entitled to the rights and privileges set forth in this article. Section 5.2. Entitlement to Written Notice of Default. The holder of a mortgage or other security interest, and their successors and assigns, encumbering the Real Property, or any part thereof, which individual, successor or assign, has requested in writing to the City, shall be entitled to receive written notification from the City of any default by Owner or a Developer in the performance of said individual's obligations under this Agreement which obligations are not cured within thirty (30) days; provided, that the failure to give said notice shall not waive any default of, or action to enforce, this Agreement by the City. Section 5.3. Property Subiect to Pro Rate Claims. Any mortgagee or holder of a security interest who comes into possession of the Real Property, or any part thereof, pursuant to foreclosure of mortgages or other security interest or deed in lieu of such foreclosure, shall take or foreclose upon the Real Property, or any part thereof, subject to this Agreement and to any pro rate claims for payments or charges by the City against the Real Property, or any part thereof, secured by such mortgage or other security device which accrued prior to the time such mortgage or holder of a security interest comes into possession of the Real Property or part thereof. Section 5.4. Release. The City hereby covenants and agrees that upon payment of all fees required under this Agreement with respect to the Real Property, or any portion thereof, and performance of obligations relating thereto (including completion of performance of continuing obligations), by the Owner upon request by the Owner, the City shall consider execution and delivery to Clerk of the Court of any appropriate release(s) of Sebastian/Annexation 187.Agl Final Draft 02/GU08/2023 18 further obligations as to a particular and affected portion of the Real Property in form and substance acceptable to the Clerk of the Court, or as may otherwise be necessary to effect such release; provided, that the foregoing provision shall not require the City to release any provision of this Agreement from use, density, Intensity, type of Development, or other requirements of this Agreement. This section shall not be terminated upon the termination or release of this Agreement with regard to any portion of the Real Property. ARTICLE VI MISCELLANEOUS PROVISIONS Section 6.1. Drafters of Agreement. The Owner, for itself, or their heirs, successors, and any Developers, and the City, each were represented by or afforded the opportunity for representation by legal counsel and participated in the drafting of this Agreement and in the choice of wording hereof. Consequently, no provision hereof should be more strongly construed against any arty as drafter of this Agreement. Should any action be brought in any court of competent jurisdiction by any of the Parties to this Agreement, including the Owner or a Developer, or its of their respective successors, assigns, or heirs, each Party shall bear Its own attorney's and paralegal's fees and costs in connection with such litigation or an appeal any such litigation decision. Section 6.2. Covenants Running With the Land. It is the intention of the Owner of the Real Property and the City, that this Agreement shall constitute covenants running with the land and with title to the Real Property, or as equitable servitudes upon the land, as the case may be. The burdens of this Agreement shall bind and the benefits of this Agreement shall Inure to, the Parties hereto and all successors in interest to the Parties to this Agreement. Such covenants shall expire upon termination of this Agreement. Section 6.3. Conveyance. The Owner shall give to the City written notice at least sixty (60) days prior to the sale, assignment or transfer of the Real Property or any portion of the Real Property consisting of at least two (2) acres or more. Dedication, assignment, sale, or conveyancing of a portion of the Real Property to the City shall constitute the sale, assignment or transfer of a portion of the Real Property. Section 6.4. Indemnification. The Owner and its successors in interest in ownership of any portion of the Real Property ("Subsequent Owners"), shall indemnify, defend and hold harmless the City, and its officers and employees, from all claims, demands, 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 Owner or Subsequent Owners in the performance of this Agreement. However, such indemnification shall not include claims of or damages resulting from, negligence or gross negligence, or willful, wanton or intentional misconduct of the City or its officers, directors, agents or employees, acting in their official capacity. Such Indemnification shall not be required to the extent or percentage of negligence of the City or its officers, directors, agents or employees, acting in their official capacity. Upon request of the City, the Owner or Subsequent Owners, shall, at no cost or expense to the City, indemnify and hold the City harmless of any suit asserting a claim for any loss, damage or liability specified above, and the Owner or Subsequent Owners, shall pay any cost and reasonable attorneys' fees that may be incurred by the City in connection with any such claim or suit or in enforcing the indemnity granted above. Notwithstanding the foregoing or any other provisions of this Agreement, Graves Brothers Company's indemnification of the City and holding the City harmless shall apply only to the extent of Graves Brothers Company's ownership interest in the Real Property at the time a claim arises or accrues against the City; shall terminate as to Graves Brothers Company's, for any portion of the Real Property not owned by Graves Brothers Company's when the claim arises or accrues; and shall terminate at the time a particular person or legal entity no longer owns any portion of the Real Property. Nothing in this Agreement shall be construed as the City waiving its sovereign immunity pursuant to 768.28, at seq., Florida Statutes, or any other sovereign or governmental immunity. This section shall survive the termination of this agreement. Section 6.5. Notices. All notices, demands and correspondence required or provided for under this Agreement shall be in writing and delivered in person or dispatched by certified U.S. mail, postage prepaid, SebaslianlAnnexation 187.Agt Final Draft 0210M812023 19 return receipt requested or by a nationally recognized overnight courier (e.g. — Federal Express, United States Postal Service, United Parcel Service, etc.). Notice required to be given shall be addressed as follows: CITY: City Manager City of Sebastian 1225 Main Street Sebastian, Florida 32958 With a copy to City Attorney City of Sebastian 1225 Main Street Sebastian, Florida 32958 OWNER: Jeff Bass, President Graves Brothers Company 2770 Indian River Blvd. — Suite 201 Vero Beach, FL 32960A230 Notice is presumed to have been given on the date hand delivered, 24 hours after deposit with a recognized overnight courier, or five (5) days after deposited in the U.S. mail. A party may unilaterally change its address or addressee by giving notice in writing to the other party as provided in this section. Thereafter, notices, demands and other pertinent correspondence shall be addressed and transmitted to the new address and/or addressee. Section 6.6. Aoolicabllity of Ordinances and Resolutions of Citv to Agreement. (a) The ordinances, resolutions, and Land Development Code of the City, governing the Development of the Real Property shall continue to govern the Development of the Real Property, except as otherwise provided herein. At the termination of this Agreement or termination of this Agreement as to a portion of the Real Property, all then existing City Land Development Code shall become applicable to the Development of the Real Property. Except as otherwise specifically set forth herein, no fee (Including the existence or lack thereof), fee structure, amount computation method or fee amount, including any Impact Fees, then in existence or hereafter imposed, shall be vested by virtue of this Agreement. (b) In the event that state or federal laws are enacted after the approval, effectiveness, or execution of this Agreement which are applicable to and preclude the parties' compliance with the terms of this Agreement, such Agreement may be modified or revoked as is necessary to comply with the relevant state or federal laws. The City shall cooperate with the Owner in the securing of any permits which may be required as a result of such modifications. Section 6.7. Rules of Construction. The singular includes the plural; the masculine gender includes the feminine; "shall" is mandatory, and "may" is permissive. If there is more than one signer of this Agreement their obligations are joint and several. The time limits set forth in this Agreement may be extended by mutual consent of the parties in accordance with the procedures for adoption of an agreement. If for any reason a specific provision herein conflicts with a City Land Development Code, in effect at the time of issuance of a Final Development Order applicable to a portion of the Real Property, the specific provision herein shall prevail. Use of the term "Owner" or "Developer" means and refers to the Owner and/or the Developer, their successors, heirs, assigns, of any portion of or all of the Real Property. Section 6.8. Severability. The parties hereto agree that the provisions of this Agreement are severable. If any provision of this Agreement is held invalid or unconstitutional for any reason, the remainder Sebastian/Annexation 187.Agt Final Draft 20 0210=812023 of this Agreement shall be effective and shall remain in full force and effect, unless amended or modified by mutual consent of the parties. Section 6.9. Entire Agreement. Waivers, and Amendments. (a) This Agreement constitutes the entire understanding and agreement of the parties. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiation or previous agreements between the parties with respect to all or any part of the subject matter hereof. All waivers or releases of the provisions of this Agreement must be in writing and signed by the appropriate authorities of the party waiving or releasing the provisions hereof or performance hereunder. (b) All amendments hereto must be in writing signed by the appropriate authorities in a form suitable for recording in the Public Records of Indian River County. (c) The Owner hereby agrees to pay for any costs of recordation or filing of this Agreement, or any amendment hereto, in the Public Records of Indian River County, Florida, or with the State of Florida, Department of Economic Opportunity. The recorded original of this Agreement or any amendment hereto, shall be returned to the City for filing in its records to be kept with the City Clerk. Section 6.10. Interpretation: Venue. (a) With regard to any lawsuit against the City, the County, the Owner, or the Developer of any portion of the Real Property, this Agreement is subject to the home venue provision. The exclusive jurisdiction and venue for litigation surrounding this Agreement or its validity shall be properly located in the W judicial circuit of the State of Florida in and for Indian River County or the U.S. District Court, Southern District of Florida, in and for Indian River County, all as said jurisdiction boundaries may be amended from time to time. (b) This section shall survive the termination of all or part of this Agreement. Section 6.11. Termination of Previous Annexation Aareement: Previous Understandings. (a) The Annexation Agreement between the Owner and the City recorded on August 29, 2019, in Official Records Book 3234, Page 1731, Public Records of Indian River County, Florida, be and the same is hereby terminated. (b) All previous understandings, whether oral or in writing prior to the Effective Date of this Agreement and not included in this Agreement, be and the same are hereby declared to be of no effect. Section 6.12. Effective Date: Duration of Aareement. (a) The Effective Date shall be the date upon which this Agreement has approved and executed by the Owner of the Real Property and the City and recorded In the Public Records of Indian River County, Florida. The Effective Dale of any amendment to this Agreement shall be the date upon which said amendment to this Agreement has approved and executed by the Owner of the portion of the Real Property subject to the amendment and by the City and recorded in the Public Records of Indian River County, Florida. (b) Unless earlier terminated as otherwise provided in this Agreement, this Agreement shall terminate on September 30, 2043. oaaa«««a***gaga****«aaaaaa'**NOTHING FURTHER-«aaaaaaaaaaaaaaaaaaaaa+a+aaaaaaaaaaaaaaa Sebastian/Annexation 182.Agt Final Draft 02/W08I2023 21 IN WITNESS WHEREOF, this Agreement has been executed by the parties on the day and year first above written. Signed, sealed and delivered In the presence of: OWNER: Sign: GRAVES BROTHERS COMPANY, Print Name: a Florida Corporation Address: Sign: Bw Print Name: Jeff E. Bass, its President Address: 2770 Indian River Blvd. — Address: Suite 201, Vero Beach, FL 32960-4230 (CORPORATE SEAL) STATE OF FLORIDA SS: COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me by means of _ physical presence or online notarization, this day of , 2023, by Jeff E. Bass, as President of Graves Brothers Company, a Florida Corporation, on behalf of the corporation. He is personally known to me or has produced as identification. SebastiardAnnexation 187.Agt Final Draft Notary Public State of Florida at Large My Commission Expires: Print Name: 22 021"M812023 Sign Print Name: Address: CITY: CITY OF SEBASTIAN, a Florida Municipal Corporation Sign By: Print Name: Paul E. Carlisle, its City Manager Address: Address: 1225 Main Street Sebastian, FL 32958 (CITY SEAL) ATTEST: Jeanette Williams, MMC City Clerk STATE OF FLORIDA ) ) SS: COUNTY OF INDIAN RIVER ) The foregoing instrument was acknowledged before me by means of _ physical presence, or _ online notarization, this day of , 2023, by Paul E. Carlisle, as City Manager of the City of Sebastian, Florida, a Florida municipal corporation, on behalf of the corporation. He is personally known to me or has produced as identification. Sebastian/Annexation 187.Agt Final Draft Notary Public State of Florida at Large My Commission Expires: Print Name: 23 02/03/08/2023