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HomeMy WebLinkAbout01-24-2024 CC Agendar, SEBASTIAN CENTENNIAL (ELEBRATION 1914.1014 SEBASTIAN CITY COUNCIL REGULAR MEETING & COMMUNITY REDEVELOPMENT AGENCY (CRA) AGENDA WEDNESDAY, JANUARY 24, 2024 — 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK OR ON THE C17TS REBSITE `�%94 11 aY1X1T1 1 2. MOMENT OF SILENCE 3. PLEDGE OF ALLEGIANCE — Led by Vice Mayor Dixon 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications for additions require a unanimous vote of City Council 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or actions under this heading. A. Barry Shapiro — 6th Annual Vero Beach Sock Drive B. Introduction of New Parks and Recreation Director Richard Blankenship BriefAnnouncements: Saturday, January 27 - Barb Snow's 4th Annual Sweet Tea Sip & Stroll at Riverview Park — 9: 30am — 5pm Sunday, January 28 - Barb Snow's 4th Annual Sweet Tea Sip & Stroll at Riverview Park — IOam — 4pm Friday, February 2 — Chamber of Commerce Concert in the Park — Johnny and the Blaze - 5:30pm-8pm Saturday, February 3 — Four Chaplains Ceremony — Riverview Park —11: 00am 1 of 188 7. PUBLIC INPUT The heading on Regular Meeting agendas "Public Input "provides an opportunityfor individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED AGENDA. Individuals are asked to resolve matters with staff prior to meetings. Individuals are asked to provide copies of materials for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. 8. RECESS THE CITY COUNCIL MEETING AND CONVENE THE COMMUNITY REDEVELOPMENT AGENCY MEETING pgs 6-7 pgs 8-I1 pgs 12-48 9. A. Approval of Minutes — December 13, 2023 CRA Meeting B. Approve the Design of the Sebastian Lagoon Walk Kiosks to be Placed Along Indian River Drive in the CRA District (Transmittal, Details) C. Approve Grant Administration Services from CoastalWide LLC for the Working Waterfront Expansion, Phase 1 (Transmittal, CSA#3, Agreement) ADJOURN THE COMMUNITY REDEVELOPMENT AGENCY MEETING AND RECONVENE THE CITY COUNCIL MEETING 10. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. pgs 49-60 A. Approval of Minutes — January 10, 2024 Regular City Council Meeting pg 61 B. Approve the Use of the City Council Chambers with No Fee for the Florida Inland Navigation District (FIND) to Conduct Their Quarterly Board Meeting on Friday, February 16, 2024 (Transmittal) 11. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 12. PUBLIC HEARINGS Ouasi-Judicial Public Hearings: Mayor opens hearing Attorney reads ordinance title City Council Members disclose ex parte communication City Clerk swears in those who intend to provide testimony Applicant makes their presentation Staff presents their findings City Council asks questions of applicant or staff 2 of 188 Mayor opens the floor for anyone in favor of the request Mayor opens the floor for anyone opposing the request Applicant provided the opportunity to respond to issues Staff provided opportunity to summarize request City Council deliberation Mayor calls for a motion pgs 62-121 A. Quasi -Judicial Public Hearing of Resolution No. R-23-28 — Subdivision Preliminary Plat for Cross Creek Lake Estates Addition — 24.43 Acres, 35 Lots, 1.43 du/acre — Powerline Road/Yearling Trail — VLDR Future Land Use (Very Low Density Residential, Max 3 units/acre) — RS-10 Zoning District (Residential Single -Family) (Transmittal, R-23-28, Staff Report, School Concurrency Letter, Environmental Report, Scrub Jay Report, Application, Preliminary Plat, Survey) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE PRELIMINARY PLAT FOR A PROJECT KNOWN AS CROSS CREEK LAKES ESTATES ADDITION, A 35-LOT RESIDENTIAL SUBDIVISION CONSISTING OF 24.43 ACRES LOCATED ADJACENT AND SOUTH & WEST OF CROSS CREEK LAKE ESTATES AND YEARLING TRAIL; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. 13. UNFINISHED BUSINESS 14. NEW BUSINESS pgs 122-139 A. Consideration of First Amendment to Lease Agreement with Crab E. Bill's, Inc. and Authorize the Mayor to Execute Appropriate Documentation (Transmittal, Amendment, Lease, Inventory Sheet) pgs 140-145 B. Approve the "Piggyback" Emergency Purchase of One (1) Ford F 150 4x4 Marked Patrol Vehicle in the Amount of $52,327.00 from Bartow Ford (Transmittal, Letter, Approval Form, Quote) pgs 146-149 C. Approve the Design of the Sebastian Lagoon Walk Kiosks to be Placed Along Indian River Drive in the CRA District (Transmittal, Details) pgs 150-186 D. Approve Grant Administration Services from CoastalWide LLC for the Working Waterfront Expansion, Phase 1 (Transmittal, CSA#3, Agreement) pgs 187-188 E. Approval of Budget Calendar for Preparation of the Annual Budget and Capital Improvement Program for Fiscal Year 2024-2025 (Transmittal, Calendar) 15. CITY ATTORNEY MATTERS 16. CITY MANAGER MATTERS 17. CITY CLERK MATTERS 3of188 18. CITY COUNCIL MATTERS A. Mayor Dodd B. Council Member McPartlan C. Council Member Jones D. Council Member Nunn E. Vice Mayor Dixon 19. ADJOURN (All meetings shall adjourn by 9: 30 pm unless extended for up to one half hour by a majority vote of City Council) NO STENOGRAPHIC RECORD BY A CERTIFIED COURT REPORTER WILL BE MADE OF THE FOREGOING MEETING. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL, BOARD OR AGENCY WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (F.S.286.0105) IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA) OF 1990, ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 388-8226 — ADA@CITYOFSEBASTIAN.ORG AT LEAST 48 HOURS INADVANCE OF THIS MEETING. ZOOM INFORMATION Please click the link to join the webinar: https://us02web.zoom.us/j/82615540037 Or One tap mobile : +13052241968„82615540037# US +16469313860„82615540037# US Webinar ID: 826 1554 0037 International numbers available: https://us02web.zoom.us/u/kbsPpuAIQw 4 of 188 PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION NO. R-24-02 Regular Citv Council Meetings Public input is ALLOWED under the heading: Consent Agenda Public Hearings Unfinished Business • New Business • Public Input Public Input is NOT ALLOWED under the headings: Proclamations, Awards, Brief Announcements (except for individuals giving or accepting proclamations or awards); • Committee Reports and Appointments (except for committee members giving reports and applicants being interviewed for committee appointments); • City Council Matters Charter Officer Matters v Council may, by majority vote, call upon an individual to provide input if desired. Workshops and Saecial Meetings Public input is limited to the item on the agenda Time Limit Input on agenda items where public input is permitted on agendas is FIVE MINUTES; however, City Council may extend or terminate an individual's time by majority vote of Council members present. Inuut Directed to Chair Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL DELIBERATION of the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR, unless answering a question of a member of City Council or City staff. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, providing, however, the Mayor and members of City Council may recall an individual to provide additional information or to answer questions. Certain Remarks Prohibited Personal, impertinent, and slanderous remarks, political campaigning, and applauding are not permitted and may result in expulsion from the meeting. The Chair shall make determinations on such remarks, subject to the repeal provisions below. Annealing Decisions of Chair Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of City Council shall overrule any decision of the Chair. Public Innut Heading on Agenda The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED AGENDA. Individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are asked to provide copies of material for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. 5 of 188 SEBASTIAN CENTENNIAL (HEBRATION 1914.1014 COMMUNITY REDEVELOPMENT AGENCY 1225 Main Street, Sebastian, FL 32958 The attached December 13, 2023 Community Redevelopment Agency minutes were approved at the January 24, 2024 Community Redevelopment Agency meeting. Chainnan Ed Dodd ATTEST: Jeanette Williams, City Clerk 6 of 188 Regular City Council & CRA Meeting December 13, 2023 Page 2 Mayor Dodd announced that not only did the Indian River County School District receive an "A" this week but also the Sebastian Sharks Football Team received an "A." Head Coach Tyrone Perry introduced his coaching staff: Freddie Bass, Brad Butler, Lewis Caswell, Stuart Fletcher, William Franklin, Ron Freeman, Rob Harris, Wayne Snow, Richard White, and Chavar McKenzie. Mayor Dodd read the proclamation and presented it to Coach Perry who invited the team to the front of the chamber. Coach Perry presented Council with a helmet signed by all of the players and a season yearbook. He introduced Principal Christopher Cummings and Assistant Principal James Thimmer. A slide show highlighting the team was played and Mayor Dodd noted that given all pressures the school districts are under, this was a great accomplishment that should be celebrated. 23.204 B. Introduction of New Community Development Director and CRA Manaver Alix Bernard The City Manager introduced New Community Development Director Alix Bernard who thanked Council for the warm welcome. BriefAnnouncements: December 15 — Sebastian Police Department's Family Movie Night "Polar Express " — 6pm December 16 - Wreaths Across America at the Veterans Memorial at Riverview Park — Noon Vice Mayor Dixon announced the upcoming events and added that if anyone would like to participate in putting the wreaths on the veterans' graves they should meet at the cemetery at 10:30 a.m. 7. PUBLIC INPUT - None 8. Mayor Dodd recessed the City Council meeting and convened the Community RedevelopmentAgency meeting at 6:18 p.m. A. MOTION by Mr. Nunn and SECOND by Mr. Jones to approve the September 27, 2023 CRA meeting minutes passed with a unanimous voice vote. 5-0 9. Chairman Dodd adjourned the Community Redevelopment Agency meeting and reconvened the City Council meeting at 6:19 p.m. All members were present. I 9. CONSENT AGENDA 23.105 A. Approval to Name Archangel Engineering & Construction, Inc. as the Design - Build Firm to be Used in Response to RFQ 23-12 — Design Build Hangar D Office Spaces at Sebastian Municipal Airport and Authorizing Negotiations for a Guaranteed Maximum Price (GMP) Contract (Transmittal, Scoring Tab, R-23-13, Termination Letter) 7 of 188 SEBASTIAN S M/IMMI�I C111I�� N flit -1W! CRA BOARD AGENDA TRANSMITTAL Council Meeting Date: January 24, 2024 Agenda Item Title: Approve the Design of the Sebastian Lagoon Walk Kiosks to be placed along Indian River Drive in the CRA district. Recommendation: The Community Development Department recommends that City Council approve the proposed design of wayfinding kiosks to be placed along the Sebastian Lagoon Walk. Background: In July of 2020 City Council approved a Signage Master Plan over a three year period to replace or install signs throughout the City including those at parks, entranceways to the City and wayfinding signs in public spaces. This project creates a consistent theme throughout our parks and public spaces. The uniformed signage can be seen all through the City at the different municipal buildings and parks. The final leg of this program is to install three wayfinding kiosks along the Sebastian Lagoon Walk on Indian River Drive. The first of these kiosks is planned to be installed just north of Jackson Street on Indian River Drive, the second at the Main Street Boat Ramp and the third at Riverview Park. There is approximately 0.75 miles between the signs, which will allow for the community and visitors alike to know how long of a walk it is prior to getting to their intended destination. In addition, there is a space allotted on the kiosks for news and upcoming events. If Agenda Item Reauires Exuenditure of Funds: Budgeted Amount: $15,000.00 Total Cost: $14,310.00 Funds to Be Utilized for Appropriation: Community Redevelopment (CRA Project) Attachments: 1. Kiosk Prototype Details Administrative Services Departm t Review: l City Attorney Review: aw Procurement Division Review, if applicable: City Manager Authorization: Date: 17 � 0 a JJJ 8 of 188 ti Jon SEBASTIAN I E MMtt,l ClllI IN NII �-iNl+ CRA BOARD AGENDA TRANSMITTAL Council Meetint Date: January 24, 2024 Agenda Item Title: Approve Grant Administration Services from CoastalWide LLC for the Working Waterfront Expansion, Phase 1. Recommendation: The Community Development Department recommends that City Council approve a Work Authorization (0) under the CoastalWide LLC Consultant Service Agreement (CSA) FY 2023/2024 for Grant Administration Services. Background: Existing facilities at the Fisherman's Landing Working Waterfront Park are smaller in size than adjacent private marinas along the Sebastian waterfront and has taken steps with the FDEP to expand the existing Submerged Land lease. The City of Sebastian has received notification of a grant award from Florida Inland Navigational District (FIND) in the amount of $120,000 for the Working Waterfront Expansion, Phase 1. The FIND grant will provide the opportunity to expand the docks and slips necessary to accommodate the ever expanding need for more slip space for the commercial fisherman and our existing clam and oyster aquaculture farms. The City currently has an existing Consultant Service Agreement CSA-03 (RFQ #23-06) with Coastalwide LLC which will provide permit, design and engineering services for the Working Waterfront Expansion to create additional dock and berthing for commercial fishing vessels and assorted upland improvements. Staff is seeking approval to execute a Work Authorization (0) under this Agreement for this project. If Agenda Item Reuuires Expenditure of Funds: Budgeted Amount: $120,000.00 Total Cost: $120,000.00 Funds to Be Utilized for Appropriation: $60,000 FIND Grant $60,000 Community Redevelopment Fund (CRA) Attachments: 1. CSA #3 — CoastalWide LLC 2. FIND Project Agreement (executed) Administrative Services Department Review: City Attorney Review: Otkjq — Procurement Division Rew, ifapplicable: City Manager Authorization: Date: 07 /Xv 1,1 12 of 188 CITY OF SEBASTIAN, FLORIDA WORK AUTHORIZATION FORM CONSULTANT SERVICE AGREEMENT (CSA) CoastalWide LLC 1443 20"' Street Vero Beach, Florida 32960 Work Authorization No: CSA — 03 (RFQ #23-06) Protect Title: Working Waterfront Expansion IT IS AGREED to undertake the following work in accordance with the provisions of the CoastalWide LLC, Master Agreement entitled "Non -Exclusive Agreement for RFQ 23-06, Continuing Planning and Landscape Architect Consulting Services Dated July 13, 2023. Description of Assignment: CoastaiWIde LLC and their authorized subconsultant, Coastal Waterways Design & Engineering LLC, shall provide permit, design, and engineering services for the Working Waterfront Expansion to create additional dock and berthing for commercial fishing vessels and assorted upland improvements as further described below. The City shall supply the Vendor with the existing electronic (CAD) survey drawing of the dock facility. The work/project will include: Task 1: Pre -Design City and Stakeholder Meeting — The Vendor shall conduct a "Pre -Design City and Stakeholder Meeting" to prepare the concept design, review alternatives and lesson learned from the existing Initial Phase of the Working Waterfront project, review customer needs, major design features, plumbing and electrical systems, and parametric construction cost estimate. Also, the meeting is to discuss the project budget, funding requirements, and environmental permitting associated with the site. This Vendor shall prepare meeting minutes that present the scope of the project and the selected alternative that meets the City and stakeholder requirements for the proposed (over -water) dock and marina improvement layout and the (upland) parking improvements, and the selected alternatives and options for moving forward with the project. Task 2: Conceptual Design / Alternative Dock and Submerged Lands Layouts — Based upon the results of the Task 1 Pre -Design City and Stakeholder Meeting, described above the conceptual design shall be prepared by the Vendor to include over -water (dock and marina) and upland (parking and stormwater) design concepts. The Vendor shall present the design concept alternatives for final selection by City staff. Each phase of design will include an update Engineers Estimate of Probable Construction Costs presented in a Bid Form format. Task 3a: DEP Permit Pre -Application Meeting — The Vendor shall conduct a pre -application meeting with the Department of Environmental Protection (DEP) staff to discuss the conceptual plan for installation of a proposed dock/madna extension improvements and identify any preliminary comments expected from state commenting agencies, including Florida Fish and Wildlife Conservation Commission FFWCC. The Vendor shall present conceptual design drawings of over -water improvements prepared under a separate task as described above, to use during the discussions of the project with FDEP staff. The Vendor shall prepare minutes of the pre - application conference. All Vendor expenses to prepare and conduct this meeting including for travel and associated accommodation shall be included in the fee for this task. Task 3b: USACE Individual Permit Pre -Application Meeting — The Vendor shall conduct a pre -application meeting with the United States Army Corps of Engineers (USACE) staff to discuss the conceptual plan for installation of a proposed dock/marina extension improvements. The Vendor shall verify the requisite permit process and delineate the federal commenting agencies (USFWS, NMFS, etc.) that will be consulted by the USACE staff for this proposed project. The Vendor shall present conceptual design drawings of over -water improvements prepared under a separate task as described above, to use during the discussions of the project with USACE staff. The Vendor shall prepare minutes of the pre - application conference. All Vendor expenses to prepare and conduct this meeting including for travel and associated accommodation shall be included in the fee for this task. Task 3c: SJRWMD Stormwater Permit Pre -Application Meeting — The Vendor shall conduct a pre -application meeting with the St. Johns Water Management District (SJRWMD) staff to discuss the conceptual plan for parking and stormwater improvements and identify the extent of required stormwater calculations required for the type/size of the proposed improvements. The Vendor shall present conceptual design drawings of upland improvements prepared under a separate task as described above, to use during the discussions of the project with SJRWMD staff. The Vendor shall prepare minutes of the pre - application conference. All Vendor expenses to prepare and conduct this meeting including for travel shall be included in the fee for this task_ 13 of 188 CITY OF SEBASTIAN, FLORIDA WORK AUTHORIZATION FORM CONSULTANT SERVICE AGREEMENT (CSA) Task 3d: DEPIDACS Submerged Land Lease Modification Pre -Application Meeting — The Vendor shall conduct a pre -application meeting with the Florida Department of Environmental Protection (DEP) / Florida Department of Agriculture & Consumer Services (DACS) Submerged Land Lease staff to discuss the conceptual plan for expansion of the existing Sovereign Submerged Land Lease (SSLL). The Vendor shall verify the requisite permit process and delineate the procedures and necessity for potential scheduling of the Board of Trustees (BOT) / Governor and Cabinet approval. The Vendor shall present a draft land lease limit survey (by Vendors survey subconsultant) that depicts the new expansion of the submerged land lease area, to use during the discussions of the project with DEP/DACS SSLL staff. The Vendor shall prepare minutes of the pre -application conference. All Vendor expenses to prepare and conduct this meeting including for travel and associated accommodation shall be included in the fee for this task. Task 3e: City of Sebastian Development Permit Pre -Application Meeting — The Vendor shall conduct a pre -application meeting with the City of Sebastian Community Development Staff to discuss the conceptual plan for installation of proposed (upland) parking and stormwater improvements and proposed (over -water) dock/marina extension improvements and identify any preliminary comments expected from City Community Development staff and other applicable City department staff. The Vendor shall present conceptual design drawings of both upland and over -water improvements prepared under a separate task as described above, to use during the discussions of the project with City staff. The Vendor shall prepare minutes of the pre -application conference with City staff. All Vendor expenses to prepare and conduct this meeting including for travel shall be included in the fee for this task. Task 4: Preliminary Design Services — The Vendor shall design the proposed dock and provide signed and sealed engineered drawings suitable for the Contractor to obtain building permits as required by the City of Sebastian. Preliminary design drawings and engineering calculations will be completed in a 24" x 36" format. The design for over -water construction shall be in accordance with USACE standards for docking facilities. The engineered design will include decking, stringers, pile caps, dock piles, and mooring piles. Each phase of design will include an update Engineers Estimate of Probable Construction Costs presented in a Bid Form format. Task 5a: DEP Permit Application — The Vendor shall prepare and submit a request to DEP for an Individual ERP (Environmental Resource Permit) to perform the work described below for a new dock, in accordance with Florida Administrative Code (F.A.C.) 62-330 and the Applicant's Handbook and In conjunction with US Army Corps of Engineers (USACE) permit application (See Task 5b, below). The Vendor shall provide the required data as requested by the DEP permit application to facilitate the issuance of the DEP permit, including resource data (Seagrass survey) to be provided by the City to address the construction within the Indian River -Malabar to Vero Beach Aquatic Preserve. The Vendor shall prepare Form 62-330.060(1) - Application for Individual and Conceptual Approval Environmental Resource Permit with accompanying required supporting documentation with exception of the following: 1. Aquatic Resource Survey for wetland and surface waters (A Submerged Aquatic Vegetation (SAV), or seagrass survey, has been obtained by the City; An UMAM may not have been prepared by the City and may not be needed). 2. A Facility Management Plan (FMP) (unless an FPM exists that the Vendor can update, otherwise Vendor can provide a new plan under separate authorization). 3. A bathymetric survey (Already prepared by City). 4. Water and sediment testing data, tidal conditions, tidal current measurements, and simulations of hydrodynamic conditions and water quality that may or may not be requested by the agency (Vendor can provide these services if required by the DEP under separate authorization).' 5. Mitigation bank permit (Vendor can provide these services if required by the DEP under separate authorization). 'Regarding hydrographic data, It is expected that the Vendor shall select from the permit application options, the submittal of a "certification from a Florida -registered professional clearly stating that, due to the design, nature, and/or location of the proposed structures, works, or other activities, that the project does not have the potential to add pollutants to, or result in an adverse change to, the patterns of flow, circulation, erosion, deposition, or littoral transport of a waterbody, AND (has) not been previously informed by the reviewing agency that hydrographic information will be required. A copy of the Florida -registered professional's certification must be included with this application. " If the City provided SAV is in a scaled coordinate correct digital format (geospatial CAD or GIS file format), the vendor shall prepare a Surface Water Area spreadsheet to calculate surface water impacts. If the data is not in a scaled coordinate correct format, the Vendor shall assist the City in obtaining this data from the City's SAV consultant, or the Vendor can perform this work under a separate authorization. The City of Sebastian shall provide all application fees associated with the DEP Permit Application. 14 of 188 CITY OF SEBASTIAN, FLORIDA WORK AUTHORIZATION FORM CONSULTANT SERVICE AGREEMENT (CSA) Task 5b: USACE Individual Permit Application — The Vendor shall prepare an Individual Permit Application to submit to U.S. Army Corps of Engineers (USACE) in conjunction with Florida Department of Environmental Protection (DEP) permit application (See Task 5a, above). The Vendor shall prepare a Section 7 NMFS Checklist and Manatee Questionnaire; an aerial of the Project site; descriptions of sedimentation and turbidity control measures; and construction methodology for submittal with the application. The City of Sebastian shall provide all application fees associated with the USACE Permit Application. The consulting fees for the Vendor work associated with the USACE permit application (Task 5b) is due to the Vendor whether a joint DEP/USACE permit application or separate DEP and USCAE permit applications are to be submitted. Task 5c: SJRWMD Stormwater Permit Application — The Vendor shall conduct a pre -application meeting with the St. Johns River Water Management District (SJRWMD) staff regarding upland parking lot proposed improvements and associated stormwater design. The Vendor shall submit conceptual design drawings to create permit sketches for the non -water, upland proposed improvements; the sketches will incorporate the results of the pre -application meeting and proposed changes by the OWNER as well as be based upon the property topographic survey (provided by the OWNER). The Vendor shall prepare and submit a SJRWMD Application for a permit modification of the existing SJRWMD permit. The City of Sebastian shall provide all application fees associated with the SJRWMD Permit Application. Task 5d: DEP/DACS Submerged Land Lease Modification — The Vendor shall prepare the Florida Department of Environmental Protection (DEP) / Florida Department of Agriculture & Consumer Services (DACS) Submerged Land Lease Boundary application for a modification to the existing Sovereign Submerged Land Lease (SSLL) and provide the required SSLL boundary survey in accordance with DEP requirements SLER-0950, per Florida Administrative Code (F.A.C.) 62-330.060(1) Sec. F. The City of Sebastian shall provide all application fees associated with the DEP/DACS Submerged Land Lease Modification Application and any subsequent lease fees. Task 5e: City of Sebastian Development Permit — The Vendor shall submit a Code Compliance Certification Application to the City of Sebastian (COS) including design sketches signed and sealed for this application. The Vendor shall complete the necessary City of Sebastian Approval Application with required attachments and submit it to the City for permit approval in accordance with applicable municipal Code Sections. The Vendor shall complete the necessary municipal Approval Application Forms including providing the required number of plans, a project description, one (1) aerial of site with project overlaid showing surrounding 100 feet, one (1) Copy of the Owner's Deed, and Letter of Authorization from Property Owner, as necessary. The Vendor shall provide evidence of compliance with City of Sebastian applicable regulations and apply for necessary municipal regulatory permits. The Vendor is not responsible for construction related permits, including building permits. The City of Sebastian shall provide all application fees associated with the City related Development Permit Application and associated permits, If necessary. Task 6a: DEP Permit Processing — The Vendor shall process the DEP application by responding to a request for additional information from DEP if necessary. The Vendor shall contact DEP to address staff questions and concerns and to expedite their review and processing of the permit application. The Vendor shall confer with the OWNER as to (a) interpretation of DEP rules and regulations, and (b) responses to DEP requests for additional information. The Vendor shall provide written responses to DEP to address staff requests for additional information. The Vendor shall represent the project before DEP staff toward securing approval of permits for the project. The Vendor shall assist the DEP staff with coordination with state commenting agencies; this will include, but is not limited to telephone discussions, meetings and/or submittal of additional required information requested by the Florida Fish and Wildlife Conservation Commission (FFWCC). Task 6b: USACE Individual Permit Processing — The Vendor shall process the USACE application by responding to a request for additional information from USACE if necessary. The Vendor shall contact USACE staff to address staff questions and concerns and to expedite their review and processing of the permit application. The Vendor shall confer with the OWNER as to (a) interpretation of USACE rules and regulations, and (b) responses to USACE requests for additional information. The Vendor shall provide written responses to USACE to address staff requests for additional information. The Vendor shall represent the project before USACE staff toward securing approval of permits for the project. The Vendor shall assist the USACE staff with issuance of a Public Notice and coordination with federal commenting agencies; this will include, but is not limited to telephone discussions, meetings and/or submittal of additional required information requested by the U.S. Fish & Wildlife Service (USFWS), and National Marine Fisheries Service (NMFS). 15 of 188 CITY OF SEBASTIAN, FLORIDA WORK AUTHORIZATION FORM CONSULTANT SERVICE AGREEMENT (CSA) Task 6c: SJRWMD Stormwater Permit Processing — The Vendor shall process the SJRWMD application by responding to a request for additional information from SJRWMD if necessary. The Vendor shall contact SJRWMD staff to address staff questions and concerns and to expedite their review and processing of the permit application. The Vendor shall confer with the OWNER as to (a) interpretation of SJRWMD rules and regulations, and (b) responses to SJRWMD requests for additional information. The Vendor shall represent the project before SJRWMD staff toward securing approval of permits for the project. Task 6d: DEP/DACS Submerged Land Lease Modification Processing — The Vendor shall process the DEP/DACS Submerged Land Lease Modification application by responding to a request for additional Information from DEP/DACS if necessary. The Vendor shall contact DEP/DACS SSLL staff to address staff questions and concerns and to expedite their review and processing of the SSLL modification application. The Vendor shall confer with the OWNER as to (a) interpretation of DEP/DACS SSLL modification rules and regulations, and (b) responses to DEP/DACS SSLL staff requests for additional information. The Vendor shall review the draft submerged land lease limit changes requested by DEP/DACS staff and make recommendations to City staff regarding these requested changes. The Vendor shall negotiate the final accepted submerged land lease limit and the Vendor shall present a final land lease Iimit survey (by Vendor's survey subconsultant) and submit this to DEP/DACS staff for final processing. The Vendor shall provide written responses to DEP/DACS SSLL staff to address staff requests for additional Information. The Vendor shall represent the project before DEP/DACS SSLL staff toward securing approval of permits for the project. The Vendor shall also contact DEP Submerged Land Lease Bureau to expedite this review by the DEP. Task 6e: City of Sebastian Development Permit Processing — The Vendor shall process the City of Sebastian (COS) application by responding to a request for additional information from COS if necessary. Task 7: Final Design Services — The Vendor shall prepare final design drawings that will be prepared upon any special regulatory permit conditions accepted by the OWNER. The design drawings will include technical specifications. Each phase of design will include an update Engineers Estimate of Probable Construction Costs presented in a Bid Form format. 1. Vendor's Responsibility (include estimated hours, if applicable) Description Task 1: Pre -Design City and Stakeholder Meeting Task 2: Conce2tual Design Task 3a: DEP Permit Pre -Application Meeting Task 3b: USAGE Individual Permit Pre -Application Meeting Task 3c: SJRWMD Stormwater Permit Pre -Application Meeting Task 3d: DEP/DACS Submerged Land Lease Modifi tiop Pre -A plication Meeting Task 3e: CiW of Sebastian Development Permit Pre Application Meeting Task 4: Preliminary Design Services Task 5a: DEP hermit Aqplication Task 5b: USAGE Individual Permit Application Task 5c: SJRWMD S pnrpwater Permit Application Task 5d: DEP/DACS Submerged Land Lease Modification Task 5e: C'�of Sebastian beve opment Permit Task 6a: DEP Permit Prgc�ping Task 6b: USACE Individual Permit Processing Task 6c: SJRWMD S orr)�water Permit Processinq Task 6d: DEP/DACS b ergs� Land Lease Modification Processing Task 6e: City of Sebastian eve Permit Processing Task 7: Final Design Services Estimated Hours Lump Sum - not applicable Lump Sum - not applicable Lump Sum - not applicable Lump Sum - not applicable Lump Sum - not applicable Lump Sum - not applicable Lump Sum - not applicable Lump Sum - not applicable Lump Sum - not applicable Lump Sum - not applicable Lump Sum - not applicable Lump Sum - not applicable Lump Sum - not applicable 40 hours 40 hours 28 hours 64 hours 12 hours Lump Sum - not applicable 16 of 188 CITY OF SEBASTIAN, FLORIDA WORK AUTHORIZATION FORM CONSULTANT SERVICE AGREEMENT (CSA) 2. Pricing Description Quantity Contracted Unit TOTALS Price Task 1: Pre -Design City and Stakeholder Meeting 1 Lump Sum $1,500.00 Task 2: Conceptual Design/Alternative Layouts 1 Lump Sum $18,620.00 Task 3a: DEP Permit Pre -Application Meeting 1 Lump Sum $2,850.00 Task 3b: USACE Individual Permit Pre -Application Meeting 1 Lump Sum $2,950.00 Talk r RWMMD or�Twater P rmi Pre- pplication 1 Lump Sum $2,770.00 Task d: �/DAC bubmerge�Lan� Pre-�pplication 1 Lump Sum $3,100.00 Task 3e: City of Sebastian Development Permit Pre -ADD. 1 Lump Sum $1 500.00 Task 4: Preliminary Des! gqn Services 1 Lump Sum $26� 70.00 Task 5a: DEP Permit Al�piication 1 Lump Sum $3,700.00 Task 5b: USACE Individual Permit Application 1 Lump Sum $3,700.00 Task 5c: SJRWMD Stormwater PermitApplicati9r� 1 Lump Sum $2 990.00 Task 5d: DEP/DACS Sub erge Land Lease o ification 1 Lump Sum $8'So.00 Task 5e: City of Sebastiann 11e opment Permit 1 Lump Sum $2,800.00 Task 6a: DEP Permit P cg$sing 1 Hourly, Not -to -Exceed $5,850.00 Task 6b: USACE Individual Permit Processing 1 Hourly, Not -to -Exceed $6,050.00 Task 6c: SJRWMD Stormwater Permit Processing 1 Hourly, Not -to -Exceed $4,600.00 Task 6d: DEP/DACS Submerged Land Lease Processing 1 Hourly, Not -to -Exceed $8,150.00 Task 6e: City of Sebastian bevejopment Permit Processing 1 Hourly, Not -to -Exceed $1,800.00 Task 7: Final Design Services 1 Lump Sum $11,400.00 3. Deliverables Provided to the City (surveys, Plans, etc.) I DescripBon Quantity a. Meeting agendas and minutes Electronic format (pdf) b. Conceptual and Prelimingry Design and permit sketches and drawings Electronic format t) c. Permit Applications submitted to permit agaencies w/attachments (for City signature) Electronic format pdh d. E gine�r's estimated app[oximate probable constru tion cost each phase Electronic format df � I e. Sped and Sealed Finai Construction Design Drawing with Technical Specifications Electronic format pdp I f. Final permits as issued by regulatory agencies Electronic format pdf) Basic of Compensation/Period of Services: The above referenced description for CSA — 03 (RFQ #23-06) will be performed for a fee in the amount of $120,000.00. Period of Services: Refer to "Attachment A - Vendor Schedule." AGREED: VENDOR: Date: Denise M. Boehning / President CoastalWide LLC Attest: Jeanette Williams, MMC, City Clerk CITY OF SEBASTIAN: Date: Brian Benton City Manager Approved as to Form and Content for Reliance by the City of Sebastian only: Jennifer Cockcroft, City Attorney 17 of 188 �IU Vendor: CoastalWide LLC Work Authorization No: CSA — 03 (RFQ #23-06) Project Title: Working Waterfront Expansion Prole" $chedule Jan-241 Feb-241 Mar-24i per j4= Jun-24 Jul-24 Au; 24 Sep-24 Oct-24 Nov-24 Dec-241Jan-25 Feb-25, Mar-25 *-251 :.onceptuatBesign ` — ----- - T-K1: Pre-D igp PA a j $jay ,dd Meeting 1 a) r re -a n -- I " Sl Task 3a: p elm m till s; I�MIVI yo Pq� ly- as 3c: P $ fl►"�'abfll'G "iE Pry A)on al 31I. �f o as �e: q)iy of�y p yo)p9ment P ermttpn%. TasZ a: Preliminary besign Services Permit Application Q Tqlpk 5a; DEP Perm'9p�F�tiorl T ��rIP r1?ndual Per[tit �►pjv411 ��{ Sc: er P JJntt 9(icap 2 Task V:(p G $il4rngr�ed Lan��g Maimcation 2 TaFs�k 5e: of �stian Deve�Qr�t Perfttiti Appli�>fp11 Q p#k tjoce e, as a: DEP ermit Procesp C Task $b; USA I 'yjOpal Pe it Proceong cask 6c: � Water Permit Pr9M 9 Task 6d: 1 ' , gFggo Land lease � ro r�,sing Task 6e: o stian�vglgMq(kkpert Qrocessing Final Dtts,gn Task 7: Final Design Services FLORIDA INLAND NAVIGATION DISTRICT PROJECT AGREEMENT PROJECT NO. IR-SE-23-75 This PROJECT AGREEMENT ("AGREEMENT") made and entered into this 6{'k day of 20 2a by and between the Florida Inland Navigation District (hereinafter the `DISTRICT"), and the Citv ol'Sebastian. (hereinafter the "PROJECT SPONSOR"). In consideration of the mutual promises and covenants contained herein, the parties agree as follows: I . PROJECT - Subject to the provisions of this AGREEMENT and Rule 6613-2 of the Florida Administrative Code (a current copy of'which is attached as Exhibit "B"), the DISTRICT has approved assistance funding to the PROJECT SPONSOR in Furtherance of an approved project ("PROJECT") consisting of the Working Waterfront Extension Phase 1. Said PROJECT is more specifically described in the PROJECT SPONSOR'S Waterways Assistance Application, which is on file at the DISTRICT's headquarters. Anv modifications to the PROJECT'S scope of work shall require written advance notice and iustification from the PROJECT SPONSOR and the Drior written aDDroval ofthe DISTRICT. I. TERM - The PROJECTSPONSOR shall not commence work on the PROJECT prior to the execution of this AGREEMENT unless specifically authorized by the DISTRICT Board and shall complete the PROJECT and submit all required payment reimbursement information on or before September 30, 2025 ("PROJECT PERIOD"), unless the PROJECT PERIOD has been extended with the prior written approval of the DISTRICT. Any request for an extension of the PROJECT PERIOD shall require submittal by the PROJECT SPONSOR of a request I'or extension to the DISTRICT no later than 60 days prior to the original expiration date of the PROJECT PERIOD. This request will then be considered by the DISTRICT Board, whose decision shall be final. In no event other than a declared state of emergency that affects the project completion shall the PROJECT be extended beyond September 30. 2026. The PROJECT SPONSOR acknowledges this is the only provision to carry over the DISTRICT assistance funding under this AGREEMENT beyond September 30. 2025. and that any extension of funding beyond this date shall be at the sole discretion of the DISTRICT. 19 of 188 3. ASSISTANCE AMOUNT - The DISTRICT shall contribute ("ASSISTANCE AMOUNT") no more than fifty percent f50%) ("MATCHING PERCENTAGE") of the PROJECT SPONSOR'S eligible out-of-pocket costs for completion ofthis PROJECT ("PROJECT AMOUNT"). Payment of funds by the DISTRICT to the PROJECT SPONSOR (the "ASSISTANCE AMOUNT") will be on a reimbursement basis only, and only for those authorized out of pocket costs as shown in Exhibit A, Project Cost Estimate ("PROJECT COSTS") and meeting the requirements of Section 5 below and shall not, in any event, exceed $ 120.000.00 Any modificatiogs to the PROJECT's Cost Estimate (Exhibit A) shall reauire written advance notice and iustification from the PROJECT SPONSOR and the crior written aoaroval of the DISTRICT. 4. MATCHING FUNDS - The PROJECT SPONSOR warrants and represents that it has the PROJECT SPONSOR Match Amount (the PROJECT AMOUNT less the ASSISTANCE AMOUNT) available for the completion of the PROJECT and shall, prior to the execution of this AGREEMENT, have provided the DISTRICT with suitable evidence of the availability of such funds using the DISTRICT's Form #95-01 (Exhibit C, Matching Funds Certification) and, upon request, providing the DISTRICT with access to applicable books and records, financial statements, and bank statements. 5. PROJECT COSTS - To be eligible for reimbursement under this AGREEMENT, PROJECT COSTS must be necessary and reasonable for the effective and efficient accomplishment of the PROJECT and must be directly allocable thereto. PROJECT COSTS are generally described in Exhibit B, Chapter 6613-2, F.A.C.. PROJECT COSTS must be incurred, and work performed within the PROJECT PERIOD, with the exception of pre -AGREEMENT costs, if any, consistent with Section 6 below, which are also eligible for reimbursement by the DISTRICT. If the PROJECT SPONSOR receives additional funding for the PROJECT COSTS from another source that was not identified in the original application and that changes the AGREEMENT MATCHING PERCENTAGE, the PROJECT SPONSOR shall proportionately reimburse the DISTRICT's program funds equal to the MATCHING PERCENTAGE in this AGREEMENT. The PROJECT SPONSOR shall promptly notify the DISTRICT of any project payments it receives from a source other than the DISTRICT. 6. PRE -AGREEMENT COSTS - The DISTRICT and the PROJECT SPONSOR fully understand and agree that there shall be no reimbursement of funds by the DISTRICT for any obligation or expenditure made prior to the execution of this AGREEMENT unless previously 2 20 of 188 delineated in Exhibit A, consistent with Exhibit B, and previously approved by the DISTRICT Board during the grant review process. 7. REIMBURSEMENT PROCEDURES - PROJECT COSTS shall be reported to the DISTRICT and summarized on the Payment Reimbursement Request Form (Form #90-14) attached as Exhibit D. Supporting documentation including bills and canceled payment vouchers for expenditures shall be provided to the DISTRICT by the PROJECT SPONSOR or LIAISON AGENT with any payment request. All records in support of the PROJECT COSTS included in payment requests shall be subject to review and approval by the DISTRICT or by an auditor selected by the DISTRICT. Audit expenses shall be borne by the PROJECT SPONSOR. Project funds may be released in installments, at the discretion of the DISTRICT, upon submittal of a payment request by the PROJECT SPONSOR or LIAISON AGENT. The DISTRICT shall retain ten percent (10%) of each installment payment until the completion of the PROJECT. The following costs, if authorized in the attached Exhibit B, shall be reimbursed only upon completion of the PROJECT to the reasonable satisfaction of the DISTRICT and in accordance with Exhibit B: personnel, equipment, project management, administration, inspection, and design, permitting, planning, engineering, and/or surveying costs. Assuming the PROJECT SPONSOR has otherwise fully complied with the requirements of this AGREEMENT, reimbursement for a PROJECT approved as Phase 1 project will be made only upon commencement of construction of the PROJECT for which the Phase 1 planning, designing, engineering and/or permitting were directed, which may or may not involve further DISTRICT funding. Procedures set forth below with respect to reimbursement by the DISTRICT are subject to this requirement of commencement of construction. The DISTRICT shall have the right to withhold any payment hereunder, either in whole or part, for non-compliance with the terms of this AGREEMENT. 8. FINAL REIMBURSEMENT - The PROJECT SPONSOR, upon completion of the PROJECT, shall submit to the DISTRICT a request for final reimbursement of the ASSISTANCE AMOUNT less any prior installment payments. The payment amounts previously retained by the DISTRICT shall be paid upon (1) receipt of the Final Audit report of expenses incurred on the PROJECT by the DISTRICT, (2) full completion of the PROJECT to the reasonable satisfaction of the DISTRICT, (3) submission of Project Completion Certification Form No. 90-13 (Exhibit E), (4) submission of a photograph ofthe PROJECT showing the sign required by Section 18, and (5) a Final Project Report as described in Exhibit G, Assistance Project Schedule. As part of the documentation 3 21 of 188 accompanying the request for final reimbursement, PROJECT SPONSOR shall provide proof of payment of all contractors, material suppliers, engineers, architects, and surveyors with whom PROJECT SPONSOR has directly contracted (each a "DIRECT PROVIDER') to provide services or materials for the PROJECT. The final reimbursement amount shall be adjusted as necessary such that neither the total ASSISTANCE AMOUNT nor the MATCHING PERCENTAGE is exceeded. Unless otherwise determined by the DISTRICT, the final reimbursement check shall be presented by a DISTRICT representative to the PROJECT SPONSOR during a public commission meeting or public dedication ceremony for the PROJECT. 9. RECORDS RETENTION - The PROJECT SPONSOR shall retain all records supporting the PROJECT COSTS for three (3) years after the end of the fiscal year in which the Final Payment is released by the DISTRICT, except that such records shall be retained by the PROJECT SPONSOR until final resolution of matters resulting from any litigation, claim, or special audit that starts prior to the expiration of the three-year retention period. 10. DEFAULT AND REMEDIES — In the event of a breach of any of the terms of this AGREEMENT by the PROJECT SPONSOR, the DISTRICT shall provide written notice to the PROJECT SPONSOR, which shall have sixty (60) days in which to cure the breach. If the PROJECT SPONSOR fails to cure the breach within the cure period, the DISTRICT shall have the right, but not the obligation, to demand that the PROJECT SPONSOR immediately refund the ASSISTANCE AMOUNT to the extent paid. PROJECT SPONSOR shall refund to the DISTRICT the full amount of the ASSISTANCE AMOUNT paid to PROJECT SPONSOR, whereupon this AGREEMENT, and all further rights thereunder, shall be terminated. If the DISTRICT does not demand reimbursement as aforesaid, the DISTRICT may exercise any and all other remedies available at law or in equity. With respect to the PROJECT SPONSOR's obligations under Sections 15, 17, and 20, PROJECT SPONSOR acknowledges that breach by the PROJECT SPONSOR of one or more of its obligations under said sections might cause the DISTRICT to suffer irreparable harm, namely harm for which damages would be an inadequate remedy. PROJECT SPONSOR further acknowledges that the DISTRICT might suffer irreparable harm due to delay if, as a condition to obtaining an injunction, restraining order, or other equitable remedy with respect to such a breach, the DISTRICT was required to demonstrate that it would suffer irreparable harm. The parties therefore intend that ifthe PROJECT SPONSOR breaches one or more of its obligations under Sections 15, 17, or 20, the DISTRICT, in Addition to such other remedies which may be available, shall have the right to seek specific performance and injunctive relief, and for purposes of determining whether to grant an equitable 4 22 of 188 remedy any court will assume that the breach would cause the DISTRICT irreparable harm. The provisions of this section shall survive completion of the PROJECT. 11. DISTRICT PROJECT MANAGER - The Executive Director, or his designee, is hereby designated as the DISTRICTs Project Manager for the purpose of this AGREEMENT and shall be responsible for monitoring performance of its terms and conditions and for approving all reimbursement requests prior to payment. 12. PROJECT SPONSORS LIAISON AGENT - The PROJECT SPONSOR shall appoint a LIAISON AGENT, whose name and title shall be submitted to the DISTRICT upon execution of this AGREEMENT, to act on behalf of the PROJECT SPONSOR relative to the provisions of this AGREEMENT. 13. STATUS REPORTS - The PROJECT SPONSOR or LIAISON AGENT shall submit to the DISTRICT project status reports during the PROJECT tern. These Quarterly Reports are to be on Form #95-02 (Exhibit F, Assistance Program Project Quarterly Status Report). Project design drawings, engineering drawings, and a copy of the Project bid award construction item cost list will be submitted as available. Photographs shall be submitted when appropriate to reflect the work accomplished. NON-COMPLIANCE by the PROJECT SPONSOR with the reporting schedule in Exhibit G, Assistance Project Schedule, may result in revocation of this AGREEMENT. 14. LAWS - The PROJECT SPONSOR agrees to obtain and to abide by all federal, state, and local permits and proprietary authorizations, and all applicable laws and regulations in the development of the PROJECT. The PROJECT SPONSOR agrees that all PROJECT facilities shall be designed and constructed in compliance with applicable state and federal statutory requirements for accessibility by handicapped persons, as well as all other federal, state and local laws, rules, and requirements. 15. NON -.DISCRIMINATION - The PROJECT SPONSOR agrees that when completed, the PROJECT shall be readily accessible, on a non-exclusive basis, to the general public of DISTRICT member counties without regard to age, sex, race, physical handicap, or other condition, and without regard to residency of the user in another political subdivision. 16. PARKING FACILITIES -Adequate parking shall be made available by the PROJECT SPONSOR to accommodate vehicles for the number of persons for which the PROJECT is being developed. 17. SITE DEDICATION — FOR LAND -BASED DEVELOPMENT PROJECTS The PROJECT SPONSOR also agrees that the PROJECT site shall be dedicated for the public use 5 23 of 188 for which the PROJECT was intended for a minimum period of thirty-five (35) years from the completion of the PROJECT, such dedication to be in the form of a deed, lease, management AGREEMENT or other legally binding document. Any change in such dedication shall require the prior approval of the DISTRICT. The PROJECT SPONSOR shall record evidence of such dedication within the Public Records of the County in which the PROJECT is located. 18. ACKNOWLEDGMENT — For construction projects, the PROJECT SPONSOR shall erect a permanent sign, approved by the DISTRICT, in a prominent location such as the PROJECT entrance of the completed PROJECT, which shall indicate that the DISTRICT contributed funds for the PROJECT. The wording of the sign required by this section shall be approved by the DISTRICT's staff before construction and installation of said sign. This sign shall contain the DISTRICT logo (Exhibit H) unless otherwise stipulated by the DISTRICT. In the event that the PROJECT SPONSOR erects a temporary construction sign, it shall also indicate the DISTRICT's participation. For all other types of projects, the PROJECT SPONSOR shall acknowledge the DISTRICT where feasible, in concurrence with the DISTRICT stab's recommendations. 19. PROJECT MAINTENANCE - When and as applicable, the PROJECT SPONSOR agrees to operate, maintain, and manage the PROJECT for the life of the PROJECT improvements and will pay all expenses required for such purposes. The PROJECT improvements shall be maintained in accordance with the standards of maintenance for other local facilities owned and operated by the PROJECT SPONSOR, and in accordance with applicable health standards. PROJECT facilities and improvements shall be kept reasonably safe and in reasonable repair to prevent undue deterioration and to encourage public use. The PROJECT SPONSOR warrants and represents that it has full legal authority and financial ability to operate and maintain said PROJECT facilities and improvements. 20. FEES — Any fees charged for this PROJECT shall be reasonable and the same for the general public of all member counties. The PROJECT SPONSOR must demonstrate that a minimum of fifty percent (50%) of the PROJECT fees will be utilized for project maintenance and improvements throughout the anticipated useful life of a development project or the design life of other project types, as applicable. 21. SOVEREIGN IMMUNITY - Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees, contractors, and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity under Section 768.28, Florida Statutes. The PROJECT SPONSOR acknowledges that the DISTRICT, its 6 24 of 188 employees, commissioners, and agents are solely providing funding assistance for the PROJECT and are not involved in the design, construction, operation, or maintenance of the PROJECT. 22. INSPECTIONS - The DISTRICT reserves the right, upon reasonable request, to inspect said PROJECT and any and all records related thereto at any time. 23. RIGHTS AND DUTIES - The rights and duties arising under this AGREEMENT shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns, and shall, unless the context clearly requires otherwise, survive completion of the PROJECT. The PROJECT SPONSOR may not assign this AGREEMENT nor any interest hereunder without the express prior written consent of the DISTRICT. 24. WAIVERS - Waiver of breach of any provisions of this AGREEMENT shall not be deemed a waiver of any other breach of the same or different provision. 25. NOTICE - Any notice required to be given pursuant to the terms and provisions of this AGREEMENT shall be in writing, postage paid, and shall be sent by certified mail, return receipt requested, to the DISTRICT or PROJECT SPONSOR at the addresses below. The notice shall be effective on the date indicated on the return receipt. To the DISTRICT at: Florida Inland Navigation District 1314 Marcinski Road Jupiter, Florida 33477-9498 To the PROJECT SPONSOR at: City of Sebastian Attention: CRA Manager, 1225 Main Street Sebastian, FL 32958 26. NO JOINT VENTURE - The DISTRICT's role with respect to the PROJECT is that of a funding assistance authority only and the DISTRICT is not, and shall not be considered to be, an agent, partner, or joint venturer with the PROJECT SPONSOR. 27. GOVERNING LAW - The validity, interpretation, and performance of this AGREEMENT shall be controlled and construed according to the laws of the State of Florida. 28. TRANSFERENCE - It is the intent of the DISTRICT to issue this funding assistance to the PROJECT SPONSOR who has made application for this assistance. In the event the PROJECT 7 25 of 188 SPONSOR transfers ownership or management of the PROJECT to a party or parties not now a part of this AGREEMENT, other than another goverumental entity that agrees to assume, in writing, PROJECT SPONSOR'S obligation hereunder, the DISTRICT retains the right to full reimbursement from the PROJECT SPONSOR to the full Extent of the funding assistance provided by the DISTRICT including, but not limited to, any costs and reasonable attorney's fees (regardless of whether litigation ensues) incurred by the DISTRICT in collecting said reimbursement. 29. ENTIRE UNDERSTANDING - this AGREEMENT, including any exhibits made a part hereof, embodies the entire AGREEMENT and understanding of the parties and supersedes all prior oral and written communications between them. The terms hereof may be modified only by a written amendment signed by both parties hereto. IN WIT14ESS WHEREOF, the panics hereto have caused these presents to be executed the day, month and year aforesaid. FLORIDA INLAND NAVIGATION DISTRICT By: Executive Director Date: /% / 0 6 /Z. 3 City of Se ian By: Brian Benton Title: City Manager Date: 10124)a027 8 26 of 188 PROJECT COST ESTIMATE WATERWAY ASSISTANCE PROGRAM FY 2023 LW-e Rule �ectiQn 60-2,= & 2,,QU fQr gliQbility Qnd Jun inQ .raljol Project Title: Applicant: WORKING WATERFRONT EXTENSION CITY OF SEBASTIAN Project Elements (Pleose list the MAJOR project elements Total Estimated Applicant's and provide general costs for each one. Cost Cost For Phase 1 Projects, please list the major (To the neorest $50) elements and products expected) Permits ACOE and FDEP/FDACS Final Engineering Design Plans Bidding and Advertisement °°TOYALS = Fonn No. 90-25 (Ne%%., 10/14/92, Reviscd 04-24.06) $120000.00 $60,000.00 FIND Cast (To the nearest $50) $ 60,000.00 27 of 188 Exhibit B 2023 CHAPTER 6611-2 WATERWAYS ASSISTANCE PROGRAM 66B-2A01 Purpose 66B-2.002 Forms 66B-2.003 Definitions 66B-2.004 Policy 66B-2.005 Funds Allocation 6613-2.006 Application Process 66B-2.0061 Emergency Applications 66B-2.008 Project Eligibility 66B-2.009 Project Administration 66B-2A11 Reimbursement 66B-2.012 Accountability 66B-2.013 Acknowledgement 66B-2.014 Small -Scale Spoil Island Restoration and Enhancement Projects 6611-2.015 Small -Scale Derelict Vessel Removal Projects 66B-2.016 Waterways Cleanup Events 66B-2A01 Purpose. Recognizing the importance and benefits of inland navigation channels and waterways, as well as noting problems associated with the construction, continued maintenance and use of these waterways, the Florida Legislature created Section 374.976, F.S. This law authorizes and empowers each inland navigation district to undertake programs intended to alleviate the problems associated with its waterways. The purpose of this rule is to set forth the District's policy and procedures for the implementation of an assistance program under Section 374.976, F.S., for local governments, member counties and navigation related districts within the District. This program will be known hereafter as the Florida Inland Navigation District's Waterways Assistance Program. RnlemaRng Authority 374.976(2) FS Law Implemented 374.976(1) FS. Ntrlory-New 12-17-90, Formerly 16T-2.001. 66B-2.002 Forms. All fors for the administration of this program are available from the District office located at 1314 Marcinski Road, Jupiter, Florida 33477. Rulemaking Authority 374.976(2) Fx Law Implemented 374.976(l) FS. History --New 12-17-90. Formerly 16T-2.002. 66B-2.003 Definitions. The basic terms utilized in this rule are defined as follows: (1) "APPLICANT' means an eligible governmental agency submitting an application through this program. (2) "APPLICATION" means a project proposal with the required documentation. (3) "AUTHORIZED SUBMISSION PERIOD" means the established period for submitting applications to the District. (4) `BEACH RENOURISHMENT" means the placement of sand on a beach for the nourishment, renourishment or restoration of a beach. (5) "BOARD" means the Board of Commissioners of the Florida Inland Navigation District. (6) "DISTRICT' means the Florida Inland Navigation District (FIND). (7) "ELIGIBLE GOVERNMENTAL AGENCY" means member counties, local governments and navigation related districts within the taxing boundaries of the District. (9) "ENVIRONMENTAL PERMITS" means those permits, proprietary authorizations, exemptions, or general permits for construction below mean high water line of a navigable waterway required and issued by or on behalf of the U.S. Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida or the St. Johns River Water Management Districts or their successors. (9) "EXECUTIVE DIRECTOR" means the Executive Director of the Florida Inland Navigation District. 28 of 188 (10) "LIAISON AGENT" means the contact person officially designated to act on behalf of the applicant or the project sponsor. (11) "LOCAL GOVERNMENTS" means municipalities, cities, or consolidated county governments, which are located within the member counties. (12) "MARITIME MANAGEMENT PLAN" means a written plan containing a systematic arrangement of elements specifically formulated to identify, evaluate and promote the benefits of eligible waterway accessibility and enjoyment, with consideration and respect to the physical, environmental and economic parameters of the planning area. (13) "MATCHING FUNDS" means those funds provided by the local sponsor to the project. (14) "MEMBER COUNTY" means a county located within the taxing boundaries of the District which includes Nassau, Duval, St. Johns, Flagler, Volusia, Brevard, Indian River, St. Lucie, Martin, Palm Beach, Broward and Miami -Dade Counties. (15) "NAVIGATION RELATED DISTRICTS" means port authorities, inlet districts or any other agency having legally authorized navigation related duties in waterways of the District. (16) "PRE -AGREEMENT COSTS" means project costs approved by the District Board which have occurred prior to the execution of the project agreement. (17) "PROGRAM" means the Florida Inland Navigation District Waterways Assistance Program. (18) "PROGRAM FUNDS" means financial assistance awarded by the Board to a project for release to the project sponsor pursuant to the terms of the project agreement. (19) "PROJECT" means a planned undertaking consisting of eligible program facilities, improvements or expenses for the use and benefit of the general public. (20) "PROJECT AGREEMENT" means an executed contract between the District and a project sponsor setting forth mutual obligations regarding an approved project. (21) "PROJECT MAINTENANCE" means any usual action, activity, expense, replacement, adjustment or repair taken to retain a project or grant item in a serviceable, operational or normal condition, or the routine efforts and expenses necessary to restore it to serviceable or normal condition, including the routine recurring work required to keep the project or grant item in such condition that it may be continuously used at its original or designed capacity and efficiency for its intended purpose. (22) "PROJECT MANAGER" means the District employee who is responsible for monitoring the performance of the Project and compliance with the project agreement. (23) "PROJECT PERIOD" means the approved time during which costs may be incurred and charged to the funded project. (24) "PROJECT SPONSOR" means an eligible governmental agency receiving program funds pursuant to an approved application. (25) "PUBLIC BUILDING" means a building or facility on government owned property that is owned or operated by a governmental entity, or operated by a third party operator. The building or facility must provide waterway related information, public meeting space, or educational services and be open to members of the public on a continual basis without discrimination. (26) "PUBLIC MARINA" means a harbor complex used primarily for recreational boat mooring or storage, the services of which are open to the general public on a first come, first served basis without any qualifying requirements such as club membership, stock ownership, or differential in price. (27) "PUBLICLY OWNED COMMERCIAL OR INDUSTRIAL WATERWAY ACCESS" means any publicly owned area specifically designed to be used for staging, launching, or off-loading by commercial or industrial waterway users on a first come, first served, short-term basis, to gain entry to or from the District's waterways to serve the infrastructure needs of the District's waterway users. (28) "WATERWAYS" means the Atlantic Intracoastal Waterway, the Okeechobee Waterway, the Barge Canal in Brevard County west of the Port Canaveral Locks, those portions of the Dania Cut -Off Canal and the Hillsboro Canal east of the water control structures, all navigable natural rivers, bays, creeks or lagoons intersected by said waterways and all navigable natural creeks, rivers, bays or lagoons entering or extending from said waterways. (29) "WATERWAY RELATED ENVIRONMENTAL EDUCATION' means an interdisciplinary holistic process by which the learner develops an awareness of the natural and manmade environments of waterways; develops knowledge about how the environment of the waterways works; acquires knowledge about the technological, social, cultural, political, and economic relationships occurring in waterway related environmental issues; and, becomes motivated to apply action strategies to maintain balance between quality of life and quality of the environment of waterways. Rulemoking Authority 374.976(2) FS. law Implemented 374.976(I) FS History -New 12-17-90, Amended 9-2-92, 2-6-97, Formerly 16T-1.003, 29 of 188 Amended 5-17-98, 3-21-01, 3-20-03, 3-3-04, 4-21-05. 4-24-06, 4-15-07, 3-25-08, 3-7-11. 3-25.21. 668-2.004 Policy. The following constitutes the policy of the District regarding the administration of the program: (1) Financial Assistance Eligibility: Financial assistance, support and cooperation may be provided to eligible governmental agencies for approved projects as follows: (a) Member counties may be provided financial assistance, support or cooperation in planning, acquisition, development, construction, reconstruction, extension, improvement, operation or the maintenance of public navigation, local and regional anchorage management, beach renourishment, public recreation, inlet management, environmental education, maritime management plans, and boating safety projects directly related to the waterways. (b) Eligible local governments may also be provided financial assistance, support and cooperation in planning and carrying out public navigation, local and regional anchorage management, beach renourishment, public recreation, inlet management, environmental education, and boating safety projects directly related to the waterways. (c) Navigation related districts may be provided with financial assistance to pay part of the costs of the planning and acquisition of dredge material management sites if the Board finds that the site is required for the long-range maintenance of the Atlantic Intracoastal Waterway channel. All such sites must meet the development and operational criteria established by the District through a long-range dredge material management plan for that county. Navigation related districts may also be provided with assistance for waterway related access projects, environmental mitigation projects associated with waterway improvement related activities, and inlet management projects if the Board finds that the project benefits public navigation in the Atlantic Intracoastal Waterway. All navigation related districts shall contribute at least equal matching funds to any District financial assistance provided. Seaports may also be furnished assistance and support in planning and carrying out environmental mitigation projects. All seaport projects shall benefit publicly maintained channels and harbors. Each seaport shall contribute matching funds for funded projects. (d) Eligible projects shall include the acquisition and development of public boat ramps and launching facilities, including those in man-made, navigable waterways contiguous to "waterways" as defined in Rule 60-2.003, F.A.C. (2) Notification: The District will notify by direct mail, email and/or advertised public notice all eligible governmental agencies of the program and the upcoming authorized submission period. (3) Project Approval: Approval of projects by the District shall be in accordance with these rules. (4) Project Accessibility: Facilities or programs funded in whole or in part by program funds shall be made available to the general public of all of the member counties on a non-exclusive basis without regard to race, color, religion, age, sex or similar condition. Additionally, facilities funded in whole or in part by program funds, shall not require a paid membership for the general public of all of the member counties as a condition to use the facilities. User or entrance fees may be charged for the use of facilities funded in whole or in part by program funds, however such fees shall be reasonable and shall be the same for the general public of all of the member counties. (5) Waterway Impacts: All development projects must be designed so as not to impact navigation along the District's waterways through the placement of structures, attendant uses, or the necessity of a boating speed zone for safety purposes. Before applying for boating speed zone designation in District waterways because of a project funded by this program, the sponsor shall first receive approval foom the Board. The Board will use the criteria found in Section 327A6(1), F.S., in determining whether to approve the proposed boating speed zone. (6) Project Maintenance: The project sponsor shall be responsible for the operation, maintenance, and management of the project for the anticipated life of the project and shall be responsible for all expenses required for such purposes. The project shall be maintained in accordance with the standards of maintenance for other similar local facilities and in accordance with applicable health standards. Project facilities and improvements shall be kept reasonably safe and in reasonable repair to prevent undue deterioration and to encourage public use. The project sponsor shall have full legal authority and financial ability to operate and maintain the project facilities. (7) Education Facilities and Programs: Waterways related environmental education facilities and programs sponsored by the District shall occur at specially designated environmental education facilities located adjacent and contiguous to the waterways. It is the District's intent to consolidate its environmental education efforts in the least number of facilities within an area that will adequately serve the education needs of that area of the District. (9) Public Information Availability: Public information produced with assistance from this program shall not be copyrighted and 30 of 188 shall be provided free of cost, except for the cost of reproduction, to the public. (9) Third -Party Project Operators: Projects that are being operated by a third party shall have sufficient oversight by the eligible project sponsor as determined by the Board. Such oversight, at a minimum. will include a project liaison that is a staff member of the eligible project sponsor, and oversight of the operating hours and admission fees of the facility by the eligible project sponsor through a legal agreement. All third party projects shall be open to the public in accordance with this rule. (10) Non-compliance: The District shall terminate a project agreement and demand return of program fiends disbursed to the project sponsor for non-compliance with any of the terns of the project agreement or this rule, if such non-compliance calls into question the ability of the applicant to complete the project. Failure of a project sponsor to comply with the provisions of this rule or the project agreement shall result in the District declaring the project sponsor ineligible for further participation in the program until such time as compliance has been met to the satisfaction of the District. (1 I ) Fees: Any public project eligible for District program funds that charges a fee or will charge a fee must create and maintain an enterprise fund for the public project that shall plan for and retain at all times sufficient funds for the on -going maintenance of the facility during its project life. Accounting records of the previous five years of the public project's enterprise fund will be submitted as part of any subsequent assistance program application to the District. Rulemaking: futhorin• 374.976(2) FS. Luir hnplemeni d 37a.976(11. (2/ F.S. llistorr-A'c+r 12-17-90. Amended 2-3-9a. 2-6-97. Formerly 167-2,004. :Imended 5-18-98, 3-31-99. 5-25-00. 3-21-01. 7-30-02. 3-3-04. 4-21-05. 4-1-09. 2-22-10, 3-7-11. 3-7-12. 1-27-14. 2-17-15. 66B-2.005 Funds Allocation. The Board will allocate finding for this program based upon the District's overall goals. management policies, fiscal responsibilities and operational needs for the upcoming year. Funding allocations to navigation related districts. member counties and local governments shall be based upon the proportional share of the District's ad valorem tax collections from each county. If funds are determined to be available for the program, the District will notify potential eligible governmental agencies of the availability of program finding. Applications will be reviewed by the Board utilizing District Forms No. 91-25 and 91-25 (A) through (F) Waterways Assistance Program Application and Evaluation Workshect (effective date 1/2014). hereby incorporated by reference and available at: hill): vtiw+w+.Ilrules.ura Gatewa+ reterenee.asD?No=Ref-03568, and available from the District office or by download from the District's webpage at: wwww.aicw.org. (I) Funding :Assistance Availability: In as much as the District has other fiscal responsibilities and operational needs, financial assistance to eligible government agencies shall not exceed an amount equal to eighty (80) percent of the proportional share of the District's ad valorem tax collections from each county in which such agencies are located. The District may make an exception to this funding limitation. if funds are detenmined to be available based upon the District's overall goals. management policies. fiscal responsibilities and operational needs. or in counties that are recovering front a state of emergency declared under Chapter 252, F.S. (2) Project Funding Ratio: All financial assistance and support to eligible governmental agencies shall require, at a minimum, equal matching fiends from the project sponsor, with the exception of public navigation projects that meet the provisions of subsection 66B-2.005(6). F.A.C.. land acquisition projects in accordance with subsection 66B-2.005(7). and Rule 6613•2.008, F.A.C., small-scale spoil island restoration and enhancement projects that meet the provisions of Rule 66B-2.014, F.A.C.. derelict vessel projects consistent with Rule 6613-2.0015. F.A.C.. and Waterway Cleanup Projects approved under Rule 6613-2.0016, F.A.C., and projects approved in counties recovering from a state of emergency. Applicant's in-house costs are limited pursuant to paragraph 66B-2.008( I )(c), F.A.C. All financial assistance to seaports shall require equal matching funds. The District shall contribute no more than fifty percent (5006) of the local share of the cost of an inlet management or beach renourishment project. The District shall not contribute funding to both the state and local shares of an inlet management or beach renourishment project. (3) Pre -agreement Expenses: The project sponsor shall not commence work on an approved project clement prior to the execution of the project agreement unless authorized by the Board during the review and funding approval process. Board authorization of pre -agreement expenses will be given for the commencement of work prior to the execution of a project agreement if the Board determines that there is a benefit to the District. its waterways or its constituents. All project costs must be incurred and work perforated within the project period as stipulated in the project agreement unless pre -agreement costs are approved by the Board. Pre -agreement expenses will be approved if they are consistent with the provisions of Rule 6613-2.008. F.A.C., and occur within the fiscal year of the grant application submission (October Ist w September 30110. Pre -agreement expenses, except for projects approved by the Board as multi -year proiects. will be limited to fi(i) (50) percent of the project's total cost and if the expenses are eligible project expenses in accordance with this rule. Only one-half (I%2) or less of the approved pre -agreement 31 of 188 expenses will be eligible for reimbursement funding from the District, except for projects approved by the Board as multi -year projects. The Board shall consider a waiver of the limitation on pre -agreement expenses for Small -Scale Derelict Vessel grants and land acquisition projects when the applicant demonstrates a direct need and benefit and the project is in accordance with the applicable provisions of Chapter 66B-2, F.A.C. (4) Muld-Year Funding: The construction phase of projects that are large scale, involve multiple phases, have a construction time line of one year or longer, or are requesting a significant amount of assistance funding in relation to the total assistance available for the county where the project is located, will be reviewed and approved by the District Board for a multiple year period subject to budgeting and allocation pursuant to the provisions of Chapter 200, F.S. The determination by the Board to provide assistance funding on a multi -year basis can be made at any time during the application review process. All approved multi -year projects are limited to a maximum of two (2) additional funding requests. (5) Inlet Management and Beach Renourishment: Projects and project elements in the categories of inlet management and beach renourishment shall be subject to the following provisions. The District shall contribute no more than fifty percent of the local share of the cost of the project. The District shall not contribute funding to both the state and local shares of an inlet management or beach renourishment project. Funding for the construction phase of an inlet management or beach renourishment project may be approved by the District Board for a multiple year period subject to budgeting and allocation pursuant to the provisions of Chapter 200, F.S. Additionally the following provisions shall be met for inlet management or beach renourishment projects: (a) Inlet Management: Inlet management projects shall benefit public navigation within the District and shall be consistent with Department of Environmental Protection approved inlet management plans and the statewide beach management plan pursuant to Section 161.161, F.S. Prior to funding any inlet management project, the Board shall make a finding that the project is a benefit to public navigation in the District Inlet management projects that are determined to be consistent with Department of Environmental Protection approved inlet management plans are declared to be a benefit to public navigation. (b) Beach Renourishment: All projects in this category shall be consistent with the statewide beach management plan. Beach renourishment projects shall only include those beaches that have been adversely impacted by navigation inlets, navigation structures, navigation dredging, or a navigation project. Prior to funding any beach renourishment project, the Board shall make a finding that the beaches to be nourished have been adversly impacted by navigation inlets, navigation structures, navigation dredging or a navigation project. The detennination of beach areas that are adversely impacted by navigation for the purposes of this program shall be made by Department of Environmental Protection approved inlet management plans. If state funding is not provided for a beach project, public access with adequate parking must be available in accordance with Chapter 161, F.S. (6) Public Navigation: Projects or project elements in the category of public navigation that will qualify for up to seventy-five percent (75%) program funds must be within the Intracoastal Right -of -Way (ROW), or provide public navigation channel access to two or more publicly accessible launching, mooring or docking facilities. In addition, the following shall apply: (a) Navigation channel dredging: The project sponsor must demonstrate that the source of channel sedimentation has been identified and is in the process of, or has been controlled, or that the frequency and amount of shoaling is such that dredging will provide an improvement to the channel that will last for twenty (20) years or more and therefore is more cost effective than identifying and correcting the cause of shoaling, or that the cost of identifying the source of channel sedimentation exceeds the cost of the dredging project (b) Navigation channel lighting and markers must be located on primary or secondary public navigation channels. Navigation projects or project elements that have one facility open to the public will qualify for up to fifty percent (500A) program funding. Dredging that is associated or ancillary to another use (such as a boat ramp, marina or pier) will be prioritized according to the associated use. (7) Land Acquisition: Land acquisition projects shall qualify for a maximum of fifty (50) percent funding. All pre -agreement expenses for land acquisition must be completed within one-year of the date of application for funding. Except for acquisition of publicly owned spoil disposal site, all funded land acquisition projects must construct the required boating access facility within 7 years of completion of the land acquisition, or the District may require the applicant to refund the program funding. Immediately upon acquiring title to the land, the applicant shall record a declaration of covenants in favor of the District stating that if the required boating access facility is not constructed within 7 years and dedicated for the public use as a boating access facility in perpetuity after completion of construction, the District shall require the applicant to refund the program funding. (8) Seaport Funding Eligibility: Financial assistance to seaports may exceed the proportional share of the District's ad valorem tax collections as set forth in subsection 66B-2.005(1), F.A.C., from the county in which such seaport is located if the seaport can 32 of 188 demonstrate that a regional benefit occurs from the port's activities. Financial assistance to a seaport project that demonstrates a regional benefit shall not exceed an amount equal to (i) the proportional share of the District's ad valorem tax collections as set forth in subsection 66B-2.005(1), F.A.C., from the counties where the benefit is demonstrated less (ii) funding allocated in the same fiscal year to all other local government projects funded in those counties. Rulemakfng Authority 374.976(2) FS Law Implemented 374.976(1), (3) F& History -New 12-17-90, Amended 6-24-93, 9-5-96, 2-6-97, Formerly 16T-2.005, Amended 5-17-98, 8-26-99, 3-21-01, 7.30-02, 3-3-04. 4-21.05. 4-24-06, 4-13-07, 3-23-08, 4-1-09, 3-7-11, 3-7-12. 4-10-13, 1-27-14, 5- 15-16, 3-23-21. 6613-2.006 Application Process. (1) Application Period: With the exception of eligible Disaster Relief Projects, eligible Small -Scale Spoil Island Restoration and Enhancement Projects eligible Small -Scale Derelict Vessel Applications and Waterway Cleanup Events, all applications for assistance through this program will be submitted during the authorized submission period that shall be established by vote of the Board at a scheduled meeting. (2) Application Forms: Florida Inland Navigation District Waterways Assistance Program Project Application FIND Form Number 90-22 (effective date 4-24-06) and the Waterway Assistance Program Application and Evaluation Worksheet No. 91-25 and 91-25 (A) through (F) (effective date 1/2014) are hereby incorporated by reference and available from the District office. With the exception of projects eligible under the Small -Scale Spoil Island Restoration and Enhancement program, the Small -Scale Derelict Vessel program, and eligible Waterway Cleanup Events, all applications for financial assistance and support through this program from member counties and local governments shall be made on Form Number FIND 90-22 and the Waterway Assistance Program Project Application and Evaluation Worksheet No. 91-25 and 91-25 (A) through (F) and shall include a detailed cost estimate submitted on FIND Form No. 90-25, Florida Inland Navigation District Assistance Program Project Cost Estimate, (effective date 4- 24-06), hereby incorporated by reference and available from the District office. in addition, all applicants shall submit a complete and detailed Project Timeline (FIND FORM No. 96-10) (effective date 4-15-07). (3) Sponsor Resolution: The project sponsor shall approve the submission of an application by official resolution from its governing board or commission. Said resolution shall be made on FIND Form No. 90-21, Resolution for Assistance Under the Florida Inland Navigation District Waterways Assistance Program (effective date 10-14-92), hereby incorporated by reference and available from the District office. (4) Attorney's Certification: If the application is for a project that is a land based development project the applicant shall submit an Attorney's Certification of Title, FIND Form Number 94-26 (effective date 5-25-00), hereby incorporated by reference and available from the District office. (5) Maps and Geographic Information: All applicants shall be required to submit, at minimum, the following geographic information: A County location map, a project location map, a project boundary map, and a clear and detailed site development map for land development projects. (6) Application Review: Applicants shall obtain the local FIND Commissioner's initials on Form No. 90-26 prior to submitting the application to the District office. It is the applicant's responsibility to make timely arrangements for the local FIND Commissioner's review. In the absence of extenuating circumstances outside of the applicant's control as determined by the Board of Commissioners, an application shall not be considered complete if it does not include the local FIND commissioner's initials on Form No. 90.26. Upon receipt in the District office, staff will review the applications for completeness of the informational requirements identified in the Application Checklist, FIND Form Number 90-26 (effective date 7-30-02), and for compliance with the eligibility requirements of this rule. When an application is determined by staff to be incomplete or ineligible, staff will immediately inform the applicant by mail. The applicant will then have until the date established by the Board in the application package to bring the application into compliance. If the applicant fails to provide a complete application in compliance with these rules, the application will not be considered for funding. In order to have a complete application, the applicant shall not only submit the forms required under Rule 6613-2.006, F.A.C., and any other information requirements identified in the Application Checklist (FIND Form Number 90-26), but such forms and other submitted Information must be completely filled out, executed as applicable, and also establish compliance with Chapter 66B-2, F.A.C. (7) Interlocal Agreements: Applications that the Board determines will directly benefit the maintenance of the Atlantic Intracoastal Waterway channel as documented by the District's long range dredged material management plans, will directly benefit the maintenance of the Okeechobee Waterway channel as documented by the District's long range dredged material management 33 of 188 plan, will directly benefit the maintenance or improvement of District property, right-of-way or navigation interests, or have multiple funding partners including the Corps of Engineers as the project manager can qualify for project assistance through an interlocal agreement pursuant to Chapter 163 or Section 374.984(6)(a), F.S. District staff will identify these applications and present them to the Board for their determination as to funding. Interlocal agreement projects shall comply with all other provisions of this rule, except for pre -agreement expenses, permitting and property control requirements. (8) Application Presentations: Applications determined to be complete and in compliance with this rule will be forwarded to the Board for review and then scheduled for presentation to the Board at a scheduled meeting of the Board. Applicants can decline to make a presentation to the Board by submitting a written request. (9) Application Evaluation and Rating Score: Following the presentations, the Board will review the applications and evaluate them using the Waterways Assistance Program Application and Evaluation Worksheets No. 91-25 (A) through (F) for Waterways Assistance Program applications. The total points awarded to each application by the Commissioners will be averaged to determine an application's final rating score. The final rating score for each application must equal or exceed 35 points for the application to be considered for funding assistance. Reconsideration of any application with a final rating score of less than 35 points will only occur if the majority of the Commissioners evaluating the project rated the project equal to or exceeding 35 points and two-thirds of the Commissioners vote for reconsideration of the application. Only Applicants that are eligible under Rule 66B-2.0061, F.A.C., "Disaster Relief Applications," shall complete FIND Form No. 91-25F Emergency Re -Construction (effective date 4-24-06, 1/2014). (10) Funding Determination: The Board will hold a funding allocation meeting at which time the Board will determine the allocation of funds, if any, to each project and the projects will be ranked by overall average score to facilitate final funding decisions by the Board. Allocations will be based in part upon the cumulative score of the applications as calculated from the Project Evaluation and Rating Form. Allocations will also be based upon the specific needs of the individual counties. Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(I) F & History -New 12-17-90, Amended 9-1-92, 6-24-93, 4-12-95. Formerly 16T- 2.006, Amended 5-25-00, 3-21-01, 7-30-02, 3-20-03. 4-21-05, 4-24-06, 4-15-07, 3-25-08, 3-7-11. 1-27-14. 668-2.0061 Disaster Relief Applications. Disaster Relief applications may be submitted to the District and considered by the Board at any time during the year to provide assistance to an eligible applicant for the removal of navigation obstructions and repair or replacement of waterway facilities damaged by a declared natural disaster. Applicants for Disaster Relief shall use the same forms listed in subsection 66B-2.006(2), F.A.C. The District shall consider these applications in accordance with these rules. Rulemaking Authority 374.976(2) FS Law Implemented 374.976(1) FS History -New 6-24-93. Amended 2.6-97. Formerly 16T-2.0061, Amended 4-24-K 3-25-21. 66B-2.008 Project Eligibility. (1) Eligible Projects: Financial assistance and support through this program shall be used to plan or carry out public navigation and anchorage management, public recreation, environmental education, boating safety, acquisition and development of spoil sites and publicly owned commercial/industrial waterway access directly related to the waterways, acquisition and development of public boat ramps, launching facilities and boat docking and mooring facilities, inlet management, maritime management planning, environmental mitigation and beach renourishment. (a) Program funds may be used for projects such as acquisition, planning, development, construction, reconstruction, extension, or improvement, of the following types of projects for public use on land and water. These project types will be arranged into a priority list each year by vote of the Board. The priority list will be distributed to applicants with the project application. 1. Public navigation channel dredging, 2. Public navigation aids and markers, 3. Inlet management projects that are a benefit to public navigation in the District, 4. Public shoreline stabilization directly benefiting the District's waterway channels, 5. Acquisition and development of publicly owned spoil disposal site and public commercial/industrial waterway access, 6. Waterway signs and buoys for safety, regulation or information, 7. Acquisition, dredging, shoreline stabilization and development of public boat ramps and launching facilities, 8. Acquisition, dredging, shoreline stabilization and development of public boat docking and mooring facilities, 34 of 188 9. Derelict Vessel Removal, 10. Waterways related environmental education programs and facilities, 11. Public fishing and viewing piers, 12. Public waterfront parks and boardwalks and associated improvements, 13. Maritime Management Planning, 14. Waterways boating safety programs and equipment, 15. Beach renourishment on beaches adversely impacted by navigation inlets, navigation structures, navigation dredging, or a navigation project; and, 16. Environmental restoration, enhancement or mitigation projects; and, 17. Other waterway related projects. Waterway projects that do not meet specific criteria in subsection 66B-2.005(5) or (6) or subparagraphs 66B-2.008(lXa)l. 16., F.A.C., but are located on eligible waterways shall be considered for funding under the priority listing of "other waterway related project" and eligible for 25% funding. (b) Ineligible Projects or Project Elements. Project costs ineligible for program funding or matching funds will Include: contingencies, miscellaneous, reoccurring personnel related costs, irrigation equipment, ball -courts, park and playground equipment, and any extraneous recreational amenities not directly related to the waterway such as the following: 1. Landscaping that does not provide shoreline stabilization or aquatic habitat, 2. Restrooms for non -waterway users, 3. Roadways providing access to non -waterway users, 4. Parking areas for non -waterway users, 5. Utilities for non -waterway related facilities, 6. Lighting for non -waterway related facilities, 7. Project maintenance and maintenance equipment, 8. Picnic shelters and furniture for non -waterway related facilities, 9. Vehicles to transport vessels, and, 10.Operational items such as fuel, oil, etc. 11. Office space that is not incidental and necessary to the operation of the main eligible public building; and, 12. Conceptual project planning, including: public surveys, opinion polls, public meetings, organizational conferences; and, 13. Inlet maintenance. (c) Project Elements with Eligibility Limits: Subject to approval by the Board of an itemized expense list: 1. The following project costs will be eligible for program funding or as matching funding if they are performed by an independent contractor. a. Project management, administration and inspection, b. Design, permitting, planning, engineering or surveying costs for completed construction project, c. Restoration of sites disturbed during the construction of an approved project, d. Equipment costs. Before reimbursement is made by the District on any of the costs listed in subparagraph 1., above, a construction contract for the project, approved and executed by the project sponsor and project contractor must be submitted to the District. 2. Marine fire -fighting, Marine law enforcement and other vessels are eligible for a maximum of $100,000 in initial District funding. All future replacement and maintenance costs of the vessel and related equipment will be the responsibility of the applicant. 3. Waterway related environmental education facility funding will be limited to those project elements directly related to the District's waterways. (d) Phasing of Projects: Applications for eligible waterway projects may be submitted as a phased project where Phase I will include the design, engineering and permitting elements and Phase II will include the construction of the project A description and cost estimate of the Phase 11 work shall be submitted along with the Phase I application for Board review. (2) Property Control: The site of a new proposed land -based development project, with the exception of those projects requesting Small -Scale Spoil Island Restoration and Enhancement funding, shall be dedicated for the public use for which the project was intended for a minimum period of 35 years after project completion. Such dedication shall be in the form of a deed, lease, management agreement or other legally binding document and shall be recorded in the public property records of the county in which the property is located. This property control requirement also applies to a project site owned by another governmental 35 of 188 entity. The governmental entity that owns the project site may be joined as a oo-applicant to meet this property control requirement. Existing land based development projects that are being repaired, replaced or modified must demonstrate that the project site has been dedicated for public use for at least 25 years with at least 10 years remaining on the dedication document. Property shall also be deemed dedicated for public use if - (a) The property has been designated for the use for which the project is intended (even though there may have been no formal dedication) in a plat or map recorded prior to 1940, or (b) The project sponsor demonstrates that it has had exclusive control over the property for the public use for which the project is intended for a period of at least 30 years prior to submission of the application, or (c) There is no ongoing litigation challenging the designated use of the property as shown on the plat or map, nor has there been any judicial determination contrary to the use by the public for the use shown on the plat or map. (3) Permits: The project sponsor is responsible for obtaining and abiding by any and all federal, state and local permits, laws, proprietary authorizations and regulations in the development and operation of the project. Applicants for construction projects that include elements that require state or federal environmental permits or proprietary authorizations will demonstrate that all required environmental permitting and authorizations will be completed by the third Monday in September. This demonstration will be by submission of the required environmental permit(s) and authorizations, or by submission of a letter from the agency(s) stating that a permit or authorization is not required. Failure to timely submit the required environmental permits and authorizations or letters stating such permits or authorizations are not required shall result in the application not being considered for funding. (4) Public Marina Qualifications: All public marina projects funded through this program shall include sewage pumpout facilities for vessels, unless the applicant can demonstrate that inclusion of such a facility is physically, operationally or economically impracticable. All public marina projects funded through this program shall have at least ten percent (10%) of their slips or mooring areas available for transient vessels. Public marina dockage rates shall be within market comparison of the dockage rates of other area marinas. The public marina will be required to establish and maintain an accounting of the funds for the facility and shall plan for and retain at all times sufficient funds for the on -going maintenance of the facility during its project life. (5) The District may assist eligible local governments with efforts to prepare and implement a comprehensive maritime management plan. The plan shall be utilized by the eligible government to promote and maximize the public benefit and enjoyment of eligible waterways, while identifying and prioritizing the waterway access needs of the community. The plan should not duplicate any existing or ongoing efforts for the same waterway or water shed, nor shall the District participate in any effort that does not address the basic maritime needs of the community. (a) Existing plans may be updated at reasonable intervals or amended to include waterway areas previously not included in the original effort. Public, government, environmental, industry and other pertinent interest groups shall be solicited and included for input in the planning process. (b) The plan shall be utilized as a tool to provide a minimum 5-year planning analysis and forecast for the maritime needs of the community, and shall include, at minimum, the following: 1. Public boat ramp and ramp parking inventory and analysis. 2. Public mooring and docking facility analysis, including day docks and transient slips. 3. Commercial and working waterfront identification and needs analysis. 4. The identification, location, condition and analysis of existing and potential navigation channels. 5. An inventory and assessment of accessible public shorelines. 6. Public Waterway transportation needs. 7. Environmental conditions that affect boat facility siting, a current resource inventory survey, and restoration opportunities. 8. Economic conditions affecting the boating community and boating facilities. 9. Acknowledgment and coordination with existing data and information, including an emphasis on the Intracoastal Waterway. (c) Projects requested for assistance program funding shall be consistent with the applicant's maritime management plan. The applicant should utilize the plan to assist in prioritizing waterway improvement projects. (6) All eligible environmental restoration, enhancement or mitigation projects as well as the environmental restoration, enhancement or mitigation components of other types of projects shall be required to pursue and assign any available mitigation credits to the District for that share of the project funded through the District's Assistance Program. All eligible environmental restoration, enhancement or mitigation projects shall provide public access where possible. (7) Final Decisions: The Board will make all final decisions on the eligibility of a Project or specific project costs. 36 of 188 Rulemaking Authority 374.976(2) FS. Law Implemented 374.9700-(3) FS History -New 12-17-90. Amended 9-2-92, 6-24-93, 2-3-94, 4-12-95. 9- 5-96, 24-97, Formerly 16T-2.008, Amended 5-17-98, 3-31-99. 5-25-00. 3-21-01, 7-30-02, 3-20-03, 3-3-04, 4-15-07, 3-25-08, 4-1-09. 2-22-10, 3-7- 11, 3-7-12, 1-27-14, 2-17-15, 2-21-16, 3-23-21, 3-9-23. 6611-2.009 Project Administration. The District will appoint a project manager who shall be responsible for monitoring the project and the project agreement. The project manager shall also be responsible for approving all reimbursement requests. The project sponsor shall appoint a liaison agent, who will be a member of the eligible applicant's staff, to act on its behalf in carrying out the terms of the project agreement. Administration of the project will be as follows: (1) Project Agreement: For each funded project, the District and the project sponsor will enter into a project agreement. The project agreement shall be executed and returned by the project sponsor within six (6) months of the approval of the project funding and prior to the release of program funds, setting forth the mutual obligations of the parties concerning the project. The project agreement shall incorporate the applicable policies and procedures of the program as outlined in this rule. Project agreements will be for a two-year period with the possibility for one, one-year extension. Any request for a one-year extension of funding shall require submittal by the PROJECT SPONSOR of a request for extension to the DISTRICT no later than July of fiscal year two of the approved project. This request will then be considered by the DISTRICT Board, whose decision shall be final. In review of these requests, the Board will take into consideration the current status and progress of the project and the ability of the applicant to complete the project within one additional year. (2) Matching Funds: The project sponsor shall clearly identify and enumerate the amount and source of the matching funds it will be using to match the program funds supplied by the District for an approved project. The project sponsor shall provide suitable evidence that it has the matching funds available at the time the project agreement is executed. (3) Agreement Modification: All proposed changes to the project agreement must be submitted to the District in writing by the project sponsor accompanied by a statement of justification for the proposed changes. All project agreement amendments shall be approved by the District Board, except that the Executive Director may approve a minor project agreement amendment for a project within a county with the local District commissioner's concurrence. A minor project amendment shall not change the approved project's category, result in a reallocation of more than 35% of the approved funding of the project among project elements, nor allow for a greater than 35% change in the project scale or scope of work. Project agreement amendments will not include a change to the approved project's location or a change in the approved project's purpose or project type. Agreed changes shall be evidenced by a formal amendment to the project agreement and shall be in compliance with these rules. (4) Project Reporting: The liaison agent will submit quarterly reports to the project manager summarizing the work accomplished since the last report, problems encountered, percentage of project completion and other appropriate information. These reports shall continue throughout the length of the project period until completion of the project. The report shall be submitted on Form 95-02, "Assistance Program Project Quarterly Status Report," dated 7-30-02, hereby incorporated by reference and available at the District office. A Final Project Report shall be submitted at the completion of the project and shall at minimum include: project summary, photo of completed project, final cost, project benefits to the waterway and location address. (5) Reimbursement Requests: The liaison agent may submit periodic reimbursement requests during the project period in accordance with Rule 66B-2.011, F.A.C. The project manager will approve or disapprove all reimbursement requests. The final payment of program funds will be made upon certified completion of the project by the District. (6) Project Inspection: Upon reasonable request, the project manager shall have the right to inspect the project and any and all records relating to the project. (7) Project Completion: The project shall be completed within three (3) years of the date of the beginning of the District's first fiscal year for which the project was approved. If the completion of a project is impacted by a declared state of emergency and the Board waives this rule section, the extension of time granted shall not exceed one additional three (3) year period. (8) Project Completion Requirements: Upon completion of the project, the liaison agent shall provide the following to the project manager. (a) A Project Completion Certificate, FIND Form No. 90-13 (effective date 7-30-021 hereby incorporated by reference and available from the District office, which certifies that the project was completed in accordance with the project agreement and the final project plans. (b) A final reimbursement request accompanied by all required billing statements and vouchers. 37 of 188 (c) Photograph(s) showing the installation of the sign required by Rule 6613-2.013, F.A.C. (d) Photograph(s) of the completed project clearly showing the program improvements. (9) Project Completion Review: The project manager will review the project completion package and will authorize or reject the final reimbursement payment which will include all retained funds from previous requests. Rulemakin Authority 374.976(2) M Law Implemented 374.976(1) FS. History -New 12-17-90, Formerly 16T-2.009, Amended 3-21-01, 7-30-02, 3-7-11, 1-17--14, 3-25-21. 668-2.011 Reimbursement. The District shall release program funds in accordance with the terms and conditions set forth in the project agreement. This release of program funds shall be on a reimbursement only basis. The District shall reimburse the project sponsor for project costs expended on the project in accordance with the project agreement. Project funds to be reimbursed will require the submission of a Reimbursement Request Form and required supporting documents, FIND Form No. 90-14 (effective date 7-30-02) hereby by reference and available from the District office. (1) Authorized Expenditures: Project funds shall not be spent except as consistent with the project agreement cost estimate that was approved by the Board, which shall be an attachment to the project agreement. This cost estimate will establish the maximum funding assistance provided by the District and the percentage of funding provided by each party to the project. The District will pay the lesser of: (a) The percentage total of project funding that the Board has agreed to fund, or (b) The maximum application funding assistance amount. (2) Phase I Reimbursement: In accordance with these rules, reimbursement cannot be made on a Phase I application until a construction contract is executed by the applicant for the construction phase of the project. If the Phase I project is completed but a construction contract is not executed by the three (3) year project deadline, then the District shall only allow one (1) year from the Phase I project deadline to enter into the required construction contract before the Phase I funding is cancelled. (3) Reimbursement Requests: All project costs shall be reported to the District and summarized on the Reimbursement Request Form. All requests for reimbursement shall include supporting documentation such as billing statements for work performed and cancelled payment vouchers for expenditures made. (4) Retainage: The District shall retain ten percent (10%) of all reimbursement payments until final certification of completion of the project. The District shall withhold any reimbursement payment, either in whole or part, for non-compliance with the terms of this agreement. (5) Check Presentations: A District representative shall present the final reimbursement check to the project sponsor during a public commission meeting or public dedication ceremony for the project facility. (6) Recovery of Additional Project Funding: If the project sponsor receives additional funding for the project costs from another source that was not identified in the original application and that changes the agreement cost -share percentage, the project sponsor shall proportionately reimburse the District's program funds equal to the cost -share , ;.,;„,3.ty: in the approved project agreement. The project sponsor shall promptly notify the District of any project payments it receives from a source other than the District. Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History -New 12-17-90, Amended 6-24-93, Formerly 16T-2.011. Amended 3-31-99, 7-30.02, 3-7-11. 66B-2.012 Accountability. The following procedures shall govern the accountability of program funds: (1) Accounting: Each project sponsor is responsible for maintaining an accounting system which meets generally accepted accounting principles and for maintaining such financial records as necessary to properly account for all program funds. (2) Quarterly Reports: The project sponsor shall submit quarterly project status reports to FIND in accordance with subsection 66B-2.009(4), F.A.C. (3) Completion Certification: All required final completion certification documents and materials as outlined in subsection 6613- 2.009(g), F.A.C., of this rule shall be submitted to the District prior to final reimbursement of program funds. (4) Auditing: All project records including project costs shall be available for review by the District or by an auditor selected by the District for 3 years after completion of the project. Any such audit expenses incurred shall be borne entirely by the project sponsor. 38 of 188 (5) Project Records: The project sponsor shall retain all records supporting project costs for three years after either the completion of the project or the final reimbursement payment, whichever is later, except that should any litigation, claim, or special audit arise before the expiration of the three year period, the project sponsor shall retain all records until the final resolution of such matters. (6) Repayment: If it is found by any State, County, FIND, or independent audit that program funds have not been used in accordance with this rule and applicable laws, the project sponsor shall repay the misused program funds to the District. Rulemaking Authority 374.976(2) FS. Law implemented 374.976(1) FS History -New 12-17-90, Formerly 167-2.012, Amended 7-30-02. 66B-2.013 Acknowledgement. The project sponsor shall erect a permanent sign, approved by the District, at the entrance to the project site which indicates the District's participation in the project. This sign shall contain the FIND logo. In the event that the project sponsor erects a temporary construction sign, this sign shall also recognize the District's participation. If the final product of the project is a report, study or other publication, the District's sponsorship of that publication shall be prominently indicated at the beginning of the publication. If the project results in an educational display, the District's logo and a statement of the District's participation in the project shall be contained in the display. Rulemaking Authority 374.976(2) FS. Law Implemented 374.9760) FS History -New 12-17-90. Formerly 16T-2.013, Amended 1-22-10. 6613-2.014 Small -Scale Spoil Island Restoration and Enhancement Projects. Proposals shall be accepted for the restoration or enhancement of spoil islands and natural islands within the District's waterways for recreational, navigational, educational, and environmental purposes. The applicable provisions of this rule apply to these applications with the following additions or exceptions: (1) Application Procedure - A Request for Proposals procedure will be used to request proposals for consideration. Proposals shall follow the format described in FIND Document #03-02, Call for Proposals - Small -Scale Spoil Island Restoration and Enhancement Program (effective date 7-30-02), hereby incorporated by reference and available from the District office. Proposals may be submitted to the District and considered by the Board at any time during the year. (2) Matching Funds: Small-scale spoil island restoration and enhancement may qualify for up to ninety percent (90°r6) program funds. The applicant's ten percent (10%) matching funds may include in -kind contribution pursuant to paragraph 66B-2.014(4)(b), F.A.C. (3) Eligibility: All proposals must meet the following eligibility criteria to be considered for funding: (a) Management Plan Compliance: Projects shall be in compliance with the provisions of any Spoil Island Management Plans or other management plans that govern the Project site. (b) Property Control: The Project Sponsor must have written property rights on the Project site to construct and maintain the Project for a minimum of five years. Such property rights can be in the form of a lease, interlocal agreement, use agreement or other legal form approved by the District. The applicant shall include a map clearly delineating the location of all proposed work included in the application. (4) Funds Allocation: Funds shall be allocated pursuant to Rule 6613-2.005, F.A.C., subject to the exceptions identified in this rule, and with the following additions: (a) The District shall fund a maximum of up to $7,500 per project, not to exceed $22,500 per County, per fiscal year: (b) The Project Sponsor may contribute in -kind construction labor, such in -kind construction labor costs will not be counted by the District as exceeding $10.00 per hour. No administrative costs can be incorporated into the Project as Project costs. (c) The funding provided by the District shall only be allocated for specific Project expenses such as construction materials, plant materials, herbicides, etc. The funding provided by the District shall not be allocated for parties, food or beverages. Rulemaking Authority 374.976(2) FS Law Implemented 374.976(1) FS History -New 7-30-02, Amended 4-24-06, 3-7 11, 3-25-21. 66B-2.015 Small -Scale Derelict Vessel Removal Projects. Proposals shall be accepted for financial assistance for the removal of derelict vessels within the District's waterways. The applicable provisions of this rule apply to these applications with the following additions or exceptions: (1) Application Procedure - Applications shall be submitted on a completed FIND Form No. 05-01 (Small -Scale Derelict 39 of 188 Vessel Removal Program) (effective date 4-24-06), and FIND Form No. 01-06 (Small -Scale Derelict Vessel Removal Program — Project Cost Estimate), (effective date 4-24-06), hereby incorporated by reference and available from the District office. Applications may be submitted to the District and considered by the Board at any time during the year. (2) The District shall only fund applicants that have identified derelict vessels to be removed and have a current bid for removal for such vessels, or have completed the removal of such vessels within the 6 months preceding the application, subject to eligibility under these program rules. (3) The program must be sponsored by an eligible government agency or not -for -profit organization. (4) District funding shall be limited to $75,000.00 per county, per year, provided on a reimbursement basis only. The limitation on pre -agreement expenses may be waived by the Board in accordance with subsection 66B-2.005(3), F.A.C. (5) The eligible applicant must provide the remaining matching funds for project completion. in no case shall the District's cost - share contribution exceed 75% of the total project costs. In-house project management or administration costs are not eligible costs or matching costs. (6) The derelict vessel must be located in the District's Waterways, as defined in Rule 66B-2.003, F.A.C. The applicant shall include a map clearly delineating the location of all vessels included in the application. (7) The District shall be recognized when possible in all written, audio or video advertising and promotions as a participating sponsor of the program. (8) The funding provided by the District shall only be allocated for removal of derelict vessels. The District is providing program reimbursement funds only and shall be held harmless with regards to the activities initiated by the applicant. (9) The applicant shall be responsible for all maintenance, management, disposal and operating expenses associated with the program. (10) Funds derived from the sale of any derelict vessels or vessel parts removed through this grant program must be reinvested into the applicant's derelict vessel removal program. (11) The District Board shall make all final decisions concerning the provision of funding for this program. Rulemaking Authority 374.976(2) FS Law Implemented 374.976(1) a History --New 4-24-06, Amended 4-15-07. 3-25-08. 3-7-11, 1-27-14, 3-25- 21.3-9-23. 66B-2.016 Waterways Cleanup Events. Proposals shall be accepted for financial assistance for the organized removal of refuse within the District's waterways. The applicable provisions of this rule apply to these applications with the following additions or exceptions: (1) Application Procedure: Prior to the event, a request for funding shall be submitted to the District by means of a cover letter detailing the occurrence of the cleanup, contact information, a map of the cleanup locations and the general parameters of the event. In addition, the Applicant will submit a detailed budget clearly delineating the expenditure of all District funds, as well as the overall general budget of the event. Proposals may be submitted to the District and considered by the Board at any time during the year. (2) Availability: The District shall fund a maximum of one clean-up program per waterway, per year within a county, with exception to the provisions of subsections (8) through (10). below. (3) Applicant Eligibility: The clean-up program must be sponsored by a government agency or a registered not -for --profit corporation. (4) Funding: District funding shall be limited to $5,000 per waterway, per county, except for the provisions of subsections (8) through (10), below. (5) The District shall be recognized in all written, online, audio or video advertising and promotions as a participating sponsor of the clean-up program. (6) Funding Eligibility: The funding provided by the District shall only be allocated to reimburse the applicant for out of pocket expenditures related to specific cleanup program expenses such as trash bags, trash collection, haul and landfill fees, gloves, advertising, T-shirts, and related expenses. The funding provided by the District shall not be allocated for parties, meetings, food or beverages. (7) The District Board shall make all final decisions concerning the provision of funding for a clean-up program. In addition to the requirements stated above, a cleanup program implementing all of the following additional incentives will qualify for up to additional $5,000 in clean up funds. (8) The clean-up program budget must provide equal or greater matching funds for all Navigation District funding. 40 of 188 (9) The applicant shall tally and report the composition and location of the waterway -related debris, with the goal to show definitive progress in the amount of refuse collected, a reduction in the overall debris in the waterway, or an increase in the number of additional waterway areas included in the clean up. (10) For each additional $1,000 in Navigation District funding, the applicant shall coordinate a minimum of one waterway collection point or clean up area, or an applicant can conduct an additional waterway cleanup program for the waterway areas. Rulemaking Authority 374.976(1) FS Law Implemented 374.976(1) n HWory-New 3-7-11. 41 of 188 �.I►,Y r C FLORIDA INLAND NAVIGATION DISTRICT ASSISTANCE PROGRAM Matching Funds Certification Sponsor: City of Sebastian Working t%aterfront Project Title: E;ctension Phase 1 Project #: IR-SE-23-75 Source of Matching Funds: City of Sebastian Caru unity Redevelopment Aqency Amount of Matching Funds: $60.000 I hereby certify that the above referenced project Sponsor, as. of October 01, 2022, has the required thatching funds for the accomplishment of the referenced project in accordance with the Waterways Assistance Program Project Agreement between the Florid£ Inland Navigation District and the Sponsor, dated Oct. 25, 2023 Project Liaison Name: Brian Benton, City Manager Project Liaison Signature: Date: faJ���dv2� *S. 837.06 Florida Statutes, False official statements. - Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree, punishable rs provided in s. 775.082 or s. 775.083 F.S. FIND Farm Na. 95-01 New 9/9/95 (revised 7-30-02) 42 of 188 EXHIBIT D FLORIDA INLAND NAVIGATION DISTRICT ASSISTANCE PROGRAM PAYMENT REIMBURSEMENT REQUEST FORM PROJECT NAME: PROJECT* PROJECT SPONSOR: BILLING M Amount of Assistance A. Less Previous Total Disbursements B . and Less Previous Total Retainage Held Balance Available = Funds Requested This Disbursement Funds Requested C. Less Retainage (-10% unless final) D. Check Amount = Amount of Assistance Less Total Prior and Current Payments Including all retainage held (B+C) = Balance Remaining SCHEDULE OF EXPENDITURES Expense Description Check No. Total Applicant FIND (Should correspond to Vendor Name and Date Cost Cost Cost Cost Estimate Sheet Categories in Exhibit "A") FIND - Form No. M14 Effective Date 7-30-02) (NOTE: Signature Required on Page 2) 43 of 188 FIND - Form No. 90-14 Page Two Expense Description (Should correspond to Cost Estimate Sheet Categories In Exhibit "A") EXHIBIT D (CONTINUED) SCHEDULE OF EXPENDITURES Check No. Total Vendor Name and Date Cost Applicant FIND Cost Cost Certification for Reimbursement: I certify that the above expenses were necessary and reasonable for the accomplishment of the approved project and that these expenses are in accordance with Exhibit "A" of the Project Agreement. * Project Liaison Date *S. 837.06 Florida Statutes, False official statements. - Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 F.S. FIND - Form No. 90-14 Effedva Date 7-30-02) 44 of 188 EXHIBIT E FLORIDA INLAND NAVIGATION DISTRICT ASSISTANCE PROGRAM Sponsor: Project Title: Project Completion Certification Project #: I hereby certify that the above referenced project was completed in accordance with the Assistance Program Project Agreement between the Florida Inland Navigation District and , dated 20 , and that all fiends were expended in accordance with Exhibit "A" and Paragraph 1 of the Project Agreement. * Project Liaison Name: Project Liaison Signature: Date: *S. 837.06 Florida Statutes, False official statements. - Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 F.S. FIND Form No. 90-13 (Effective Date: )2-17-90, Revised 7-30-02) 45 of 188 EXHIBIT F ASSISTANCE PROGRAM PROJECT QUARTERLY STATUS REPORT PROJECT NO. PROJECT TITLE: PROJECT SPONSOR: REPORT PERIOD (Please place an " X " in front of the report period and complete the year in the table below.) Oct -Dec 20_ ; Jan -Mar 20� ; April -June 20— ; July -Sept 20_ Report Due: (Dec 30) (March 30) (June 30) (Sept 30) WORK ACCOMPLISHED: PROBLEMS ENCOUNTERED: PERCENTAGE COMPLETION: OTHER NOTABLE ITEMS: Form No. 95-02 (Effective Date: 7-30-02) 46 of 188 EXHIBIT G ASSISTANCE PROJECT SCHEDULE OCTOBER 2023- Project Agreement Executed, Project Initiates. DECEMBER 30, 2023- First Quarterly Report Due. - Use Quarterly Status Report Form Exhibit F http://www.aicw.org/assistance—progmms/ MARCH 30, 2024- Second Quarterly Report Due. waterway_assistance_progmms/indexphp JUNE 309 2024- Third Quarterly Report Due. SEPTEMBER 30, 2024 - Fourth Quarterly Report Due. DECEMBER 30, 2024- Fifth Quarterly Report Due. MARCH 30902025- Sixth Quarterly Report Due. JUNE 309 2025- Seventh Quarterly Report Due. NOTE: If the project will not be completed and all close out paperwork submitted by September 301h , a request for a 1-year extension of the completion date of the project should be submitted with the June 2025 quarterly report SEPTEMBER 1-30, 2025- Work on Closeout paperwork Closeout paperwork consists of : 1. Project Completion Certificate, FIND Form No. 90-13 (effective date 7-30-02), which certifies that the project was completed in accordance with the project agreement and the final project plans. 2. A final reimbursement request accompanied by all required supporting documentation including bills and canceled payment vouchers for expenditures. 3. Photograph(s) showing the installation of the sign required by Rule 6613-2.013, F.A.C. 4. Photograph(s) of the completed project clearly showing the program improvements. apg or of format) 5. A Final Project Report (1 2 pages) that shall at minimum include: project name and address, project summary, final cost, and project benefits to the waterway. SEPTEMBER 30, 2025 - End of Grant. All work must be complete closeout paperwork submitted. October 2025- finish processing closeout paperwork, perform project inspection and submit final reimbursement check and coordinates check presentation with sponsor. NOTE: ANY MODIFICATIONS to the PROJECT shall require advance notice and prior written avoroval ofthe District. The appropriate timing for modifications to the project cost estimate, Exhibit A, would be after receipt of bids. *NON-COMPLIANCE by the PROJECT SPONSOR with the reporting schedule in Exhibit G may result in revocation of this agreement pursuant to Section 13 of the project agreement. 47 of 188 SEBASTIAN CENTENNIAL Q11BRATI0N 1914 -1014 SEBASTIAN CITY COUNCIL REGULAR MEETING & BOARD OF ADJUSTMENT MINUTES WEDNESDAY, JANUARY 10, 2024 — 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA 1. Mayor Dodd called the Regular Meeting to order at 6:00 p.m. 2. A moment of silence was held. 3. Council Member Nunn led the Pledge of Allegiance. 4. ROLL CALL Mayor Ed Dodd Vice Mayor Kelly Dixon Council Member Chris Nunn Members Absent: Council Member Fred Jones (excused) Council Member Bob McPartlan (excused) Staff Present: City Manager Brian Benton City Attorney Jennifer Cockcroft City Clerk Jeanette Williams Records Specialist Cathy Testa Finance Director/CFO Ken Killgore Community Development Director Alix Bernard Community Development Manager Dorri Bosworth City Engineer/Stormwater Director Karen Miller Building Official/Fire Marshal Wayne Eseltine Airport Manager Jeff Sabo Golf Pro Greg Gardner Police Chief Dan Acosta Police Lt. Rob Vafiades 5. AGENDA MODIFICATIONS Mayor Dodd announced New Business Items #13 F and G would be pulled from consideration. 49 of 188 Regular City Council & BOA Meeting January 10, 2024 Page 2 6. PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS 24.001 A. Mayor Dodd officially invited everyone in the City to participate in the events planned each month for the Centennial Celebration. He said at the events there will be challenge coins, tee shirts and souvenir magazines for sale under the Centennial tent along with a civic organization to describe what they do for the community. The Fine Arts and Music Festival is the first event and the VFW would be joining the City under the tent. He thanked the City Manager, City Clerk, and Records Specialist for serving on the Centennial Task Force along with volunteers from the community to include Beth Mitchell, Rich O'Connor, Britney Melchiori, Cara Irwin, Michelle Morris, Marc Gingras, Patti Williams, and Sally Maio for everything that has been planned so far. 24.001 B. Mayor Dodd gave a special recognition to the 3`d, 4`h and 5al grade winners of the Sebastian Centennial Celebration Coloring Contest. 24.001 C. Mayor Dodd recognized Hailey Frayser from Sebastian River High School for her "What Makes Sebastian Special" essay. 24.001 D. He announced that students from the Sebastian Charter Jr. High, Sebastian Middle and Storm Grove Middle Schools painted the bandshell drop cloth that will be used on the stage during the Centennial events. 24.002 E. Bovs & Girls Clubs of Indian River Countv - Sebastian Club Youth of the Year Winners Mayor Dodd presented a certificate of achievement to Taliyah Edwards for being selected Youth of the Year; and Jayla Brown for being selected Junior Youth of the Year. These young ladies exemplify the mission of the Boys and Girls Clubs. F. Certificate of Appreciation to Ms. Ruth Callap-han - Natural Resources Board Service Ms. Callaghan was not in attendance but Mayor Dodd thanked her for sharing her natural resources expertise to the board. BriefAnnouncements: The Indian River County Veterans Service Office is now open at the Municipal Complex. Monday through Friday From gam to 4pm (Closed daily from Noon to Ipm) by Appointment Only (772) 226-1145 Celebrating Our 100th Anniversary 50 of 188 Regular City Council & BOA Meeting January 10, 2024 Page 3 Friday, January 12 - Chamber of Commerce Concert in the Park at Riverview Park 5: 30pm — 8pm (Bobby Owen Band) Saturday, January 13 - Craft Club of Sebastian at Riverview Park — IOam — 3pm Monday, January 15 - Martin Luther King Day — City Hall Closed Friday, January 19 — Florida Arbor Day Volunteer Tree Planting at Tulip Drive Pond — 12pm — 2pm Saturday, January 20 - Annual Sebastian Riverfront Fine Arts & Music Festival at Riverview Park — IOam — 5pm Sunday, January 21- Annual Sebastian Riverfront Fine Arts & Music Festival at Riverview Park — IOam — 4pm Vice Mayor Dixon announced the upcoming events. 7. PUBLIC INPUT Cindy Geesey, 108 Wood Stork Way, asked Council to consider making the Board of Adjustment a citizen board to allow those interested in public service an opportunity to gain experience. With regard to the Centennial, she asked if Council would be interested in becoming a "Sister City" with an international municipality. Damien Gilliams, 1623 US Highway 1, said he was planning to participate twice a month in the future Council meetings. He said his court case was over as of Friday and began to speak about a family member of Mayor Dodd. Mayor Dodd called for a Point of Order and reminded Mr. Gilliams that if he continued to make accusations that he would be engaging in a civil liability situation as the grievances he was presenting were nonsensical. 8. Mayor Dodd recessed the City Council Meeting and adjourned the Board of Adjustment meeting at 6:28 p.m. A. MOTION by Mr. Nunn and SECOND by Vice Chair Dixon to approve the November 15, 2023 BOA Meeting minutes passed with a unanimous voice vote of 3-0. B. ARTHUR AND BILLIE MANTZ, IN REGARDS TO LOT 2, BLOCK 558, SEBASTIAN HIGHLANDS SUBDIVISION UNIT 16, LOCATED AT 105 KILDARE DRIVE, REQUESTING A VARIANCE FROM SECTION 54-2-5.23(d)(5) OF THE LAND DEVELOPMENT CODE TO CONSTRUCT A CARPORT THAT WILL ENCROACH, AT A MAXIMUM, THREE (3) FEET INTO THE TEN (10) FOOT SIDE YARD SETBACK (Transmittal, Staff Report, Exhibits) Celebrating Our 100th Anniversary 51 of 188 Regular City Council & BOA Meeting January 10, 2024 Page 4 Chairman Dodd noted that three affirmative votes would be needed to take action on the matters considered tonight. The City Attorney read the request from Mr. and Mr. Mantz. There were no ex parte communications to disclose by the board members. The City Clerk swore in those who would be providing testimony. Mrs. Mantz stated they are replacing a carport that was destroyed in the 2005 hurricanes that wasn't placed in the proper location when it was originally built. The Community Development Manager said they are finding that with homes built in the early 70's and 80's there was not a lot of detail required. In 1984 the permit came in without a garage and shortly thereafter the Mantzes sought a carport on a hand drawn plot plan with a rectangle plot that didn't have the accurate side yard setbacks. She said the exhibit on page 28 displayed the correct encroachment and staff recommended approval. There was no one to speak in favor or opposition to the request. MOTION by Mr. Nunn and SECOND by Vice Chairman Dixon to recommend approval of the Mantzes' request passed with a unanimous voice vote of 3-0. C. SEMBLER MARINA PARTNERS, LTD, IN REGARDS TO AN ADDITIONAL PROPOSED OVERWATER RESTAURANT TO BE LOCATED AT 1660 INDIAN RIVER DRIVE (SQUID LIPS & MARINA), AND WHICH STRUCTURE IS LOCATED WITHIN A FLOOD HAZARD AREA AND REQUIRES A BUILDING PERMIT, IS REQUESTING RELIEF FROM FLORIDA BUILDING CODE SECTION 1612.4, WHEREBY THE MINIMUM ELEVATION REQUIREMENT FOR A BUILDING LOCATED IN A COASTAL HIGH HAZARD FLOOD ZONE IS BASE FLOOD ELEVATION PLUS 1 FOOT TO THE LOWEST HORIZONTAL MEMBER OF AN EXISTING STRUCTURE THAT IS BEING SUBSTANTIALLY IMPROVED. THE BOTTOM OF THE LOWEST HORIZONTAL MEMBER OF THE EXISTING STRUCTURE IS +7.3 FEET AND THE MINIMUM REQUIREMENT IS +8.0 FEET. (Transmittal, Staff Report, Exhibits, Application) The City Attorney read the request from Sembler Marina Partners, Ltd. There were no ex parte communications to disclose by the board members. The City Clerk swore in those who would be providing testimony. Kim Rezanka, attorney with the Lacey, Lyons, Rezanka law firm, representing the applicant, Sembler Marina Partners, said the variance was signed in May 2021 when it was found that the flood elevation changed by the Florida Building Code and they were here to request a modification to the variance to open the business. The Building Official said the variance was granted in May 2021 and there is a requirement that the lowest horizontal structural member in a V Zone has to be at base Celebrating Our 100th Anniversary 52 of 188 Regular City Council & BOA Meeting January 10, 2024 Page 5 flood elevation plus one foot. It was built to code at the time but now the FEMA elevation certificate shows the bottom of the lowest structural member of the existing structure is +7.3 ft. where it was previously believed to be +7.6 ft. which is a 4 inch difference. He stated the City's record must match the FEMA certificate. There was no one to speak in favor or opposition to this request. The Building Official confirmed that the documentation by the engineers involved in this project have recertified the elevation and nothing more has changed since the 2021 variance. MOTION by Vice Chair Dixon and SECOND by Mr. Nunn to approve the Sembler Marina Partners' request passed with a unanimous voice vote of 3-0. Chairman Dodd adjourned the Board of Adjustment meeting at 6:42 p.m. and reconvened the City Council Meeting. 9. CONSENT AGENDA A. Approval of Minutes — Regular City Council Meeting, November 15, 2023 B. Approval of Minutes — Regular City Council Meeting, December 13, 2023 22.214/24.004 C. Resolution No. R-24-02 — City Council Meeting Procedures (Transmittal, R-24- 02) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING THE DATES AND TIMES FOR CITY COUNCIL MEETINGS AND WORKSHOPS; REVISING START AND END TIME; ADOPTING ROBERTS RULES OF ORDER; PROVIDING FOR PROCEDURES FOR AGENDA PREPARATION, AGENDA FORMAT, AGENDA MODIFICATIONS, PUBLIC INPUT, PUBLIC HEARINGS, AND TRANSCRIPTS; REPEALING RESOLUTION NO. R-21-32; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. 24.005 D. Snow's Space Coast Superior Events — Italian Fest (Transmittal, Application, Cert. of Ins., Receipt) 24.006 E. Alcoholic Beverage Approval (Transmittal, Application, Receipt) Mayor Dodd asked to pull Item C. MOTION by Council Member Nunn and SECOND by Mayor Dodd to approve Consent Agenda Items A, B, D, and E passed with a unanimous voice vote of 3-0. Celebrating Our 100th Anniversary 53 of 188 Regular City Council & BOA Meeting January 10, 2024 Page 6 Item C — Resolution No. R-24-02 Mayor Dodd said what has been added to the Council procedures resolution was the ability to hold workshops during the day. MOTION by Mayor Dodd and SECOND by Council Member Nunn to approve Resolution No. R-24-02 passed with a unanimous voice vote of 3-0. 10. COMMITTEE REPORTS & APPOINTMENTS 24.007 A. Citizens Budget Review Advisory Board (Transmittal, AnDlications, List, Advertisement) MOTION by Council Member Nunn and SECOND by Vice Mayor Dixon to reappoint Amber Cerda and Dave Newhart to the Citizens Budget Review Advisory Board was unanimously supported. 24.008 B. Planning and Zoning Commission (Transmittal. ADulications, List, Advertisement) MOTION by Mayor Dodd and SECOND by Council Member Dixon to have Ms. Kinchen continue in her positon on the Planning and Zoning Commission. There were no other nominations. Ms. Kinchen will serve another term on the Planning and Zoning Commission. 24.009 C. Announcement - Two Regular Member and One Alternate Member Openings on the Natural Resources Board Mayor Dodd announced the Natural Resources Board is spearheading the Sustainable Sebastian initiative and looking for individuals who are interested and versed in the natural resources board community and asked those who may be interested to apply. 11. PUBLIC HEARINGS - None 12. UNFINISHED BUSINESS - None 13. NEW BUSINESS 24.010 A. Approval of Resolution No. R-24-01 and Authorization for the Citv Manager to Execute the FDOT Public Transportation Grant Agreement (PTGA) for the Design of Taxiwav Golf (Transmittal. Grant. R-24-01) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION GRANT AGREEMENT (PTGA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR FUNDING OF FM451509-1-94-01 "DESIGN TAXIWAY GOLF" AT THE SEBASTIAN MUNICIPAL AIltPORT; Celebrating Our 100th Anniversary 54 of 188 Regular City Council & BOA Meeting January 10, 2024 Page 7 PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. The City Manager said this taxiway would be built in the place of the old Runway 13-31 which hasn't been in use for a number of years and will help increase the operations of the airport property. The City Attorney read the title of Resolution No. R-24-01. There was no public input. MOTION by Vice Mayor Dixon and SECOND by Council Member Nunn to approve Resolution No. R-24-01. Roll call: Mayor Dodd - aye Vice Mayor Dixon - aye Council Member Nunn - aye Council Member Jones -absent Council Member McPartlan - absent Motion carried. 3-0 24.011 B. Approval to Enter into a One Year Lease with Connection Air, LLC for a Single Office Space in the Sebastian Municipal Airport Terminal Building (Transmittal, Lease The City Manager said this was for a 15' by 8' office space at the terminal building to allow the company space for flight operations and staff recommended approval. There was no public input. MOTION by Council Member Nunn and SECOND by Vice Mayor Dixon to approve a one-year lease with Connection Air, LLC for office space. Roll call: Vice Mayor Dixon - aye Council Member Nunn - aye Mayor Dodd - aye Council Member Jones - absent Council Member McPartlan - absent Motion carried. 3-0 24.012 C. Aoorove the Purchase of One (1) CPS 110-3 Cvlinder Air Compressor and Jackhammer at the Price of $20,728.24 under the Florida Sheriffs Association Contract #FSA23-EO21.0 with Case Power and Equipment Florida (Transmittal, Quotes) The City Manager said this was to purchase an air compressor and jackhammer to allow staff to be more efficient on site with larger projects and he requested approval. There was no public input. Celebrating Our 100th Anniversary 55 of 188 Regular City Council & BOA Meeting January 10, 2024 Page 8 MOTION by Mayor Dodd and SECOND by Council Member Nunn to approve the purchase of the air compressor and jackhammer. Roll call: Council Member Nunn - aye Mayor Dodd - aye Vice Mayor Dixon - aye Council Member Jones -absent Council Member McPartlan -absent Motion carried. 3-0 24.013 D. Approve the Purchase of One (1) Ford F-350 with a 9' Utility Bodv and a 2,000 lb. Folding Crane for $79.478.00 Using the State of Minnesota Competitively Bid Sourcewell Contract #2024 091521-NAF & 06 from Alan Jav Fleet Sales (Transmittal. Ouote) The City Manager said this vehicle would be used by the sign shop to assist with the maintenance and upkeep of City signage. He noted it was over budget but the savings realized from the jackhammer would help with the cost overrun. MOTION by Council Member Nunn and SECOND by Vice Mayor Dixon to approve the purchase of the Ford F-350. There was no public input. Roll call: Council Member Nunn - aye Mayor Dodd - aye Vice Mayor Dixon - aye Council Member Jones - absent Council Member McPartlan -absent Motion carried. 3-0 23.177/24.014 E. Consideration of Purchase and Installation of Pour in Place Surfaciniz at the Creative Plavground by GameTime in the Additional Amount of $31,303.75 (Transmittal. Options. Quotes) The City Manager said in October they approved the new design of a more ADA accessible, inclusive playground at Barber Street Sports Complex. He said when he had discussions with the contractor to ensure access from the entrance to the ramp and the swing set it was identified that a fall zone was not included around the musical elements. The Parks and Recreation Advisory Committee chose to go with the pour in place surface from the entrance to the ramp, the musical elements and the swings as opposed to mulch. Discussion followed on how well the surface will work for youngsters, strollers and wheel chairs. MOTION by Council Member Nunn and SECOND by Vice Mayor Dixon to approve the purchase and installation of a "Pour in Place Surface" at the Creative Playground. There was no public input. Celebrating Our 100th Anniversary 56 of 188 Regular City Council & BOA Meeting January 10, 2024 Page 9 Roll call: Motion carried Council Member Nunn - aye Mayor Dodd - aye Vice Mayor Dixon - aye Council Member Jones - absent Council Member McPartlan - absent . 3-0 24.015 F. ADnrove the Design of the Sebastian Lagoon Walk Kiosks to be Placed Along Indian River Drive in the CRA District (Transmittal. Details) Pulled from consideration at the beginning of meeting. 23.054/24.016 G. ADnrove Grant Administration Services from CoastalWide LLC for the Working Waterfront Expansion. Phase 1 (Transmittal. CDA#3. Agreement) Pulled from consideration at the beginning of meeting. 23.053/24.017 H. ADorove Grant Administration Services from CoastalWide LLC for the North County Law Enforcement Dock Facility in the Amount of $20,800.00 (Transmittal. CSA#1. Agreement) The City Manager said this was for some grant administration services to modify the eastern six east slips to accommodate the law enforcement vessels. He noted this portion would come out of the general fund and then funds from the other agencies would assist with the design and 50/50 match for the construction. MOTION by Council Member Nunn and SECOND by Vice Mayor Dixon to approve the grant administration services by CoastalWide LLC. There was no public input. Roll call: Mayor Dodd - aye Vice Mayor Dixon - aye Council Member Nunn - aye Council Member Jones - absent Council Member McPartlan - absent Motion carried. 3-0 23.039/24.018 I. Approval of the City of Sebastian Procurement Evaluation Committee's Ranking of Proposal for Strategic Planning Services and Authorization for the City Manager to Negotiate a Contract and Execute all Contract Documents (Transmittal. Score Tab. Proposal) Mayor Dodd said he was on the evaluating committee to review the responses and he asked if anyone thought he should be disqualified from voting on this matter. The City Attorney advised that he did not have a financial interest so he was able to vote. Celebrating Our 100th Anniversary 57 of 188 Regular City Council & BOA Meeting January 10, 2024 Page 10 The City Manager said four responses were received and based on the committee's evaluation they were recommending Saviak Consulting to lead the City into the strategic planning process and requested approval. Mayor Dodd said Saviak Consulting has a lot of experience in doing strategic plans and they consist of three individual companies that work together to produce strategic plans. He said a plan will help them address what the voters want them to address. MOTION by Vice Mayor Dixon and SECOND by Council Member Nunn to hire Saviak Consulting, LLC to develop a strategic plan for the City. There was no public input. Roll call: Vice Mayor Dixon - aye Council Member Nunn - aye Mayor Dodd - aye Council Member Jones -absent Council Member McPartlan - absent Motion carried. 3-0 24.019 J. 2024 Municipal Elections Agreement (Transmittal, Agreement) The City Manager explained this year the election would be in conjunction with the state and federal election and the election cost will change as more residents register to vote. MOTION by Council Member Nunn and SECOND by Mayor Dodd to accept the 2024 Municipal Elections agreement with Supervisor Swan. There was no public input. Roll call: Council Member Nunn - aye Mayor Dodd - aye Vice Mayor Dixon - aye Council Member Jones -absent Council Member McPartlan - absent Motion carried. 3-0 24.020 K. Council Meeting Dates for 2024 (Transmittal, Calendar) The City Manager said in looking at the Early Voting schedule and in trying to ensure we can get two meetings per month in, he worked out a schedule with the Clerk that moves six meeting dates and he requested approval. He confirmed that if another date was needed it could be arranged. MOTION by Mayor Dodd and SECOND by Council Member Nunn to approve the 2024 meeting dates as proposed by staff passed with a unanimous voice vote of 3-0. Celebrating Our 100th Anniversary 58 of 188 Regular City Council & BOA Meeting January 10, 2024 Page 11 14. CITY ATTORNEY MATTERS The City Attorney requested a work session before the next Council meeting to discuss procedural matters and training. She also requested codification of the procedural matters approved earlier as well. It was the consensus of Council to hold a Work Session with the City Attorney. 15. CITY MANAGER MATTERS The City Manager said on January 8t', the Florida Department of Transportation was on site doing a runway and grounds condition inspection and the airport passed with flying colors with a lot of positive comments. He recognized the Airport Manager Jeff Sabo, as well as Patrick and Ron who handle the daily maintenance of the grounds. 16. CITY CLERK MATTERS - None 17. CITY COUNCIL MATTERS A. Vice Mayor Dixon thanked the airport manager for her recent tour of the airport. She asked what the minimum age requirement to join the Natural Resources Board. The City Attorney offered to look that up. She invited the public to attend the Craft Club Show in Riverview Park this weekend as the artists are local residents that make items with their hands. B. Mayor Dodd said the fact that they discovered that three votes are necessary to pass an agenda item; he would like to consider a Charter modification to address a majority vote as well as another modification to change their terms to four years to do away with the off year elections. The City Attorney said she has reviewed the changing their terms to four years and could bring that back to the next meeting before the full board. C. Council Member McPartlan - absent D. Council Member Jones - absent E. Council Member Nunn said he recently learned that if you live near a rental home that has a couch in the street you can call Waste Management on behalf of the homeowner to have the couch removed. 18. Being no further business, Mayor Dodd adjourned the Regular City Council meeting at 7:21 p.m. Celebrating Our 100th Anniversary 59 of 188 Regular City Council & BOA Meeting January 10, 2024 Page 12 Approved at the January 24, 2024 Regular City Council meeting. Mayor Ed Dodd ATTEST. - Jeanette Williams, City Clerk Celebrating Our 100th Anniversary 60 of 188 ti s�eAss�,�N arn01110 ctu�ee�wr ine CITY COUNCIL AGENDA TRANSMITTAL Council Meetin, Date: January 24, 2024 Ap-enda Item Title: Approve the use of the City Council Chambers with no fee for the Florida Inland Navigation District (FIND) to conduct their quarterly board meeting on Friday, February 16", 2024 from 8:00 am to 12:00 pm. Recommendation: Staff recommends to that City Council Approve the use of the City Council Chambers at no charge for FIND to conduct their quarterly board meeting. Background: FIND has requested the use of the City Council Chambers to conduct their quarterly meeting on Friday, February 16'b from 8 am to 12 pm. If Agenda Item Requires Expenditure of Funds: Budgeted Amount: N/A Total Cost: N/A Funds to Be Utilized for Appropriation: N/A Attachments: 1. N/A Administrative Services Department Review:- l _ City Attorney Review: au Procurement Division ew, if applicable: City Manager Authorization: Date: ly—, 61 of 188 w SEBASTIAN CENTENNIA1 CjEEEalRTION M4 - laic CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: January 24, 2024 Agenda Item Title: Resolution R-23-28 — Subdivision Preliminary Plat for Cross Creek Lake Estates Addition — 24.43 Acres, 35 Lots, 1.43 du/acre — Powerline Road/Yearling Trail — VLDR Future Land Use (Very Low Density Residential, Max 3 units/acre) — RS-10 Zoning District (Residential Single -Family) Recommendation: Conduct a quasi-judicial public hearing regarding Resolution R-23-28. Adopt Resolution R-23-28 with recommended conditions of approval. Background: This preliminary plat was previously considered by the City Council under Resolution R-20-28, as adopted on November 18a', 2020, and thereafter approved the first Preliminary Plat for Cross Creek Lake Estates Addition for a 24-lot subdivision. Since that time, in accordance with time limits established in the City's Land Development Code, Article XIX, the initial Preliminary Plat for Cross Creek Lake Estates Addition has expired. Due to this, Cross Creek Addition, Inc. has filed an application for a new Preliminary Plat approval. Staff has reviewed the preliminary plat application with respect to the criteria identified in the Land Development Code together with the recommended findings and recommendations of its Staff and Planning and Zoning Commission and made the following findings: A. The proposed plat is consistent with the goals, objectives and other elements of the Comprehensive Plan 2040. B. The proposed plat is in conformity with the substantive requirements of the City of Sebastian code of Ordinances, particularly the Land Development Code. C. The proposed plat is not in conflict with the public interest of the citizens of the City of Sebastian. D. The proposed plat is compatible with adjacent land uses. E. Adequate public facilities and services exist in the City to serve the proposed subdivision and the demand for such use will not exceed the capacity for such services and facilities. F. The proposed plat will not result in any adverse impacts on the natural environment. G. The proposed plan will not adversely affect the property values in the area, or the general health, safety and welfare of the City or have an adverse impact on the financial resources of the City. H. The proposed plat will result in an orderly and local development pattern. The Planning and Zoning Commission held a public hearing at its September 7, 2023 meeting to make a recommendation to City Council regarding the proposed Preliminary Plat. A motion to recommend approval with six (6) conditions was approved by a 4 to 3 vote. One of the conditions (#2) required an initial secondary emergency access converted to a full second entrance when Shakespeare Street was extended to CR 510 in the future. On October 11`s, 2023, City Council approved Ordinance 0-23-11, approving the Conceptual PUD Plan for River Oaks Preserve with conditions, one of which states "The 25-foot wide right-of-way located north of the proposed Shakespeare Street Extension entryway shall be stabilized and gated at the juncture of Lighthouse Avenue and shall remain, in perpetuity, an emergency access only. 62 of 188 Accessibility points shall be designed at the gate area allowing for interconnectivity of pedestrians and bicyclists from the communities." As such, Shakespeare Street will not be developed as a full connecting roadway to CR 510 for the Sebastian Highlands or Cross Creek Lake Estates subdivisions. This affects the proposed Preliminary Plat and its requirement to be in compliance with Comprehensive Plan Policy 2-1.6.8 which states "The City shall require that future subdivisions with 25 units or more, at a minimum, have at least two (2) points of access open to motor vehicle traffic," and Article 19, Subdivision Land Development Regulations, which states also, that two points of ingress and egress are required for all subdivisions. Staff offers the following resolutions for consideration by the City Council: A. In full compliance, require a complete second entrance from Yearling Trail at the Shakespeare Street/Lanfair Avenue intersection; or B. Pursuant to LDC Section 54-4-19.1(d), grant an adjustment (waiver) from LDC Section 54-4-19.11(i)(2)a.3(b) for a second entrance, but install a secondary emergency ingress/egress point from Yearling Trail at the Shakespeare Street/Lanfair Avenue intersection: or C. Consider the current CCLE Addition Preliminary Plat as a phase of the parent plat, and allow the previously granted adjustment for the second entrance to stand for the current plat, with the condition that the existing emergency access tract on Powerline Road must be re-established and be able to be visibly located both internally and externally from Powerline Road. Staff recommends consideration of Item B, and has revised the language of the applicable condition recommended by the Planning and Zoning Commission as proposed within the Resolution. If Ap-enda Item Requires Expenditure of Funds: Total Cost: N/A Attachments: 1. Resolution R-23-28 2. Staff Report w/ 3 Exhibits: 2020 Homeowner's Petition, PZC Minutes, LDC Code Section 3. School Concurrency Availability Determination Letter 4. Environmental Assessment Report 5. Florida Scrub Jay Survey 6. Application 7. Preliminary Plat 8. Survey Administrative Services Department Review. City Attorney Revie . W"+- Procurement Division view, if applicable:3_ City Manager Authorization: A Date: % 17 2 a 4 63 of 188 RESOLUTION NO. R-23-28 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE PRELIMINARY PLAT FOR A PROJECT KNOWN AS CROSS CREEK LAKES ESTATES ADDITION, A 35-LOT RESIDENTIAL SUBDIVISION CONSISTING OF 24.43 ACRES LOCATED ADJACENT AND SOUTH & WEST OF CROSS CREEK LAKE ESTATES AND YEARLING TRAIL; PROVIDING FOR CONFLICTS HEREWITH; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Resolution R-20-28, adopted on November 18"', 2020, approved the first Preliminary Plat for Cross Creek Lake Estates Addition for a 24-lot subdivision; and WHEREAS, in accordance with time limits established in the City's Land Development Code, Article XIX, the initial Preliminary Plat for Cross Creek Lake Estates Addition has expired; and WHEREAS, Cross Creek Addition, Inc. has filed an application for a new Preliminary Plat approval for Cross Creek Lakes Addition; and WHEREAS, the City Council of the City of Sebastian, Florida has considered the criteria identified in the Land Development Code together with the recommended findings and recommendations of its Staff and Planning and Zoning Commission; and WHEREAS, the City Council has made the following findings: A. The proposed plat is consistent with the goals, objectives and other elements of the Comprehensive Plan 2040. B. The proposed plat is in conformity with the substantive requirements of the City of Sebastian code of Ordinances, particularly the Land Development Code. C. The proposed plat is not in conflict with the public interest of the citizens of the City of Sebastian. D. The proposed plat is compatible with adjacent land uses. E. Adequate public facilities and services exist in the City to serve the proposed subdivision and the demand for such use will not exceed the capacity for such services and facilities. F. The proposed plat will not result in any adverse impacts on the natural environment. G. The proposed plan will not adversely affect the property values in the area, or the general health, safety and welfare of the City or have an adverse impact on the financial resources of the City. 1 64 of 188 H. The proposed plat will result in an orderly and local development pattern. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS: Section 1. RECTTALS/LEGISLATIVE FINDINGSXgTENT. a) The City Council of the City of Sebastian hereby adopts and incorporates the recitals above in the Whereas Clauses to this Resolution, the City Staff Report and the City Council Agenda Memorandum relating to this Resolution. b) The above recitals set forth in the Whereas Clauses of this Resolution are adopted by the City Council as legislative findings and the intent of the City Council. c) The City of Sebastian has complied with all requirements and procedures of Florida law in processing and advertising the Resolution. Section 2. PROPERTY. The Preliminary Plat approved by the adoption of the Resolution applies to the following described real property, lying and being within the incorporated area of the City of Sebastian, Indian River County, Florida: See attached Exhibit 'A Property Survey Section 3. PRELMMARY PLAT APPROVAL. The City Council of the City of Sebastian, Florida does hereby approve the Preliminary Plat for Cross Creek Lake Estates Addition Subdivision as prepared by Joseph W. Schulke, P.E., bearing the seal and date of January 11, 2024, as maintained on file in the City Community Development Department, subject to the following conditions: a) The requested adjustments to LDC Section 54-4-19.12(c) Street lighting, and Section 54-4- 19.11(i)(4)h Cul-de-Sac length, are granted; b) An adjustment from LDC Section 54-4-19.11(i)(2)a.3(b), Requirement for a second entrance, is granted, with construction of a fully designed, secondary emergency access point required in the southwestern portion of the top loop of Yearling Trail at the Shakespeare Street and Lanfair Avenue intersection prior to issuance of the final certificate of completion. Final design shall be included with the submittal of the CCLE Addition's subdivision construction plans, and shall include any improvements necessary to the aforementioned intersection and access point so that it meets City and Fire standards. Maintenance of the second emergency access shall be the responsibility of the CCLE HOA, which can be gated. c) The final stormwater design shall be re -submitted with the subdivision construction plans after review and approval by SJRWMD and SRID, and shall address any remaining comments from the city's consulting engineer. 2 65 of 188 d) A recreational fee -in -lieu payment for one (1) acre of land must be received, and/or an agreement regarding the fee -in -lieu payment must be executed with the City before final platting of the subdivision can occur. e) A Gopher Tortoise survey in accordance with Fish and Wildlife Service guidelines shall be updated & submitted prior to issuance of any Land Clearing Permit and site development activities, including for the area of the second access point. f) Subdivision construction traffic for the CCLE Addition parcel shall enter from the primary entrance on Powerline Road and not from Shakespeare Street or Lanfair Avenue Section 4. CONFLICT. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. Section 5. SCRIVENER'S ERRORS. Sections of this Resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of further action of City Council by filing a corrected copy of same with the City Clerk. Section 6. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember . The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Ed Dodd Vice Mayor Kelly Dixon Councilmember Fred Jones Councilmember Bob McPartlan Councilmember Christopher Nunn The Mayor thereupon declared this Resolution duly passed and adopted this 20 day of January, 2024. ATTEST: Jeanette Williams, MMC City Clerk CITY OF SEBASTIAN, FLORIDA LIM Mayor Ed Dodd Approved as to form and legality: Jennifer Cockcroft, Esq., BCS City Attorney 66 of 188 CM%X SE�T�I HOME OF PELICAN ISLAND Community Development Department Preliminary Plat Application Staff Report 1. Project Name: Cross Creek Lakes Estates Addition Subdivision 2. Requested Action: Preliminary Plat approval for 35 lots on a 24.4 acre parcel to be an addition into the existing Cross Creek Lake Estates subdivision 3. Project Location a. Address: South of the 600 Block of Yearling Trail within the existing Cross Creek Lake Estates subdivision, and west of Powerline Road & the 700 Block of Yearling Trail b. Legal: See survey C. Indian River County Parcel Number: 31-39-30-00000-5000-00002.0 4. Project Owner: Henry A. Fischer Cross Creek Addition Inc. 10725 U.S. Highway #1 Sebastian, Florida 32958 (772) 589-3159 haft @bellsouth.net 5. Project Agent: Same as Engineer 6. Project Engineer: Joseph W. Schulke, P.E. Schulke, Bittle, & Stoddard, LLC 1717 Indian River Boulevard, Suite 201 Vero Beach, Florida 32960 (772) 770-9622 jschulke@sbsengineers.com 7. Project Surveyor: William B. Zentz & Associates 684 Old Dixie Highway Vero Beach, Florida 32962 (772) 567-7552 biIIz-wbz@comcast.net 8. Project Description a. Narrative of proposed action: Cross Creek Addition, Inc. is requesting approval for a 24.4 acre parcel to be divided into 35 residential lots. The location of the proposed development is south and adjacent to the previously approved residential subdivision known 1 68 of 188 as Cross Creek Lakes Estates (parent parcel). The property is currently designated as VLDR (Very Low Density, maximum 3 units/acre), with a corresponding zoning designation of RS-10 (Residential Single Family). The proposed Cross Creek Lakes Estates Addition (CCLE Addition)) is proposed to contain 35 single-family residential lots with a minimum lot size of 14,200 SF; thus a proposed density of 1.43 units/acre, which is below the 3 units/acre permitted within the VLDR category. The proposed project also, in addition to standard utility and stormwater infrastructure, includes 1.82 acres of passive recreational area, and a secondary access along the western end of Yearling Trail to the Shakespeare Street & Lanfair Avenue intersection. b. Current Zoning: C. Adjacent Properties Zoning North: RS-10 East: RS-10 South: A-1 West: RS-10 d. Site Characteristics (1) (2) (3) (4) (5) (6) (7) (8) (9) RS-10 Current Land Use Single Family Residences Single Family Residences Vacant Residential/Vacant Total Acreage: Current Land Use(s): Soil: Vegetation: Flood Hazard: 24.4 acres Future Land Use VLDR VLDR R (County) VLDR Vacant Oldsmar, Pepper Mostly cleared, Oak, Pine, & Palm Zone AE and X Water Service: Indian River County Utilities Sanitary Sewer Service: Indian River County Utilities Parks: Barber Street — % mile Police/Fire: Sebastian Police — 4 miles County Fire - 3/ mile 9. Comprehensive Plan Consistency a. Future Land Use: Consistent b. Traffic Circulation: Consistent C. Housing: Consistent 2 69 of 188 d. Public Facilities: Consistent e. Coastal Management: Consistent f. Conservation: Consistent g. Recreation and Open Space: Consistent 10. Contents of Preliminary Plat: a. name of subdivision: Cross Creek Lakes Estates Addition b. vicinity sketch: Provided C. legal description including section, township and range: Provided - survey d. north arrow graphic scale: Provided e. date of preparation Provided — May 2022 f. name, address, and telephone of applicant: Provided as listed above g. name, address, and telephone of owner of record: Provided as listed above h. name, address, and telephone of mortgage holder: N/A i. statement that they will join in the dedication: N/A j. name, address, and registration number of engineer: Provided as listed above k. name, address, and registration number of surveyor: Provided as listed above I. name of adjacent subdivisions, if any, including plat book and page number reference: Provided M. names of owners of record of adjacent acreage: Provided n. contour map including a perimeter strip up to 150 feet in width. Provided o. all existing watercourses, drainage ditches and bodies of water, marshes, and other significant, natural or man-made features: Provided P. name, aliment and width of all existing and proposed streets, alleys, rights -of -way or easements including name, right-of-way width, street or pavement width and established center line elevations: Provided q. all existing and proposed property lines, easements and right-of-ways, their purpose, their effect on the property to be subdivided, and the proposed layout of lots and blocks: Provided 3 70 of 188 r. access points to collector and arterial streets showing compliance to the access requirements: Provided — As part of the proposed plat, the developer is including a design for the required second point of access in the southwestern portion of the top loop of Yearling Trail. Further discussion is provided in Section 13, Other Matters. S. all existing drainage district facilities and the ultimate right-of-way requirements: Provided t. utilities such as telephone, power, water, sewer, gas, etc., on or adjacent to the tract: Provided U. a statement that all utilities are available and have been coordinated with all required utilities: Provided — Utilities will be installed underground V. sites proposed for parks, recreational areas and schools: Provided W. location of all temporary structures or permanent structures having a temporary use: N/A X. if borders public water, delineate the mean high water line: N/A y. plan for stabilizing shoreline with natural vegetative cover or other environmentally sensitive manner acceptable to DEP and the city: Provided Z. permanent reference monuments shall be shown at all block corners, at all points of reverse or compound curvature, and at all points of tangency occurring with block limiting lines: Provided aa. block perimeter returns at block corners or other block line intersection: Provided 11. Required Supplemental Information a. existing land use policy and proposed policy changes: N/A b. on -site wastewater disposal data: Provided C. surface water management plan: Provided - Reviewed by the City's consulting engineer, with specific additional information requested with submittal of the subdivision's construction plans. d. traffic impact analysis: A traffic statement was provided indicating the proposed subdivision is estimated to generate 330 ADT's (Average Daily Trips). The threshold requiring a full Traffic Impact Analysis by a traffic engineer is 400 ADT, therefore not required. e. required park land and/or facility improvements: Provided f. required potable water improvements: Provided g. required wastewater improvements: Provided IH 71 of 188 h. erosion and sedimentation control improvements: Provided reference to required improvements i. access: Provided ii. alleys: N/A iii. blocks: Provided iv. bridges: N/A V. comprehensive storm water management system: Provided vi. easements: Provided vii. lots: Provided viii. seawalls, bulkheads, piers and docks: N/A ix. soils: Provided X. streets: Provided Xi. bicycle/pedestrian paths: Provided xii. off-street parking areas: Provided xiii. utilities: Provided xiv. utility installation: Provided xv. central water system: Provided xvi. central wastewater system: Provided xvii. individual sewage systems: N/A xviii. water and sewage treatment and processing plants: N/A xix. median strips and entranceways: Provided xx. traffic control devices: Provided xxi. monuments: Provided xxii. commercial and industrial subdivisions: N/A xxiii. mobile home subdivisions: N/A j. schedule of multiple phases: Not applicable, the project will be constructed in one phase 12. City Engineer's review: Construction Plans will be reviewed by the City Engineer as required prior to release of construction permits. The Preliminary Plat plans were reviewed by the city's consulting engineer, whose remaining comments involved the stormwater calculations, which he stated can be addressed when the Construction Drawings are submitted. 13. Other Matters: Cross Creek Lake Estates, the parent parcel, consists of 134 lots on 160 acres and was annexed into the City in 2004. The CCLE Addition property was annexed in 2005. As part of the annexation benefit, the developer fully constructed Powerline Road from Barber Street south to CR 510. The Preliminary Plat for the parent parcel was approved in 2004, with construction and final platting of the first phases done in 2013. Subsequent platting for the following phases ensued, with the last phase platted in 2018. In 2020, a Preliminary Plat for the CCLE Addition parcel, consisting of 24 lots on 24.42 acres, was reviewed by the PZ Commission, and approved by City Council via Resolution R-20-28. Construction was never started, and as per LDC time limits allow (18 months), the plat approval has expired. At those public hearings, a petition from the CCLE residents was presented to the PZ Commission and Council (EXHIBIT A, attached) with three main concerns. With the current application, the residents' concerns have been taken into consideration, and have been addressed with the current plat design and recommended conditions of approval. 5 72 of 188 The CCLE Addition parcel is a landlocked parcel, and when it was annexed in 2005, access to the property was presented to be via the CCLE parent parcel. When the preliminary plat for the parent parcel was submitted in 2004, development on the CCLE Addition parcel was not a part of the proposed plat, nor represented as a future phase. As such, and though the CCLE Addition will be incorporated into the existing CCLE HOA, the plat for the Addition is considered a new subdivision, and must comply with all applicable subdivision requirements. In accordance with Article 19, Subdivision Land Development Regulations, two points of ingress and egress are required for all subdivisions. Also, Policy 2-1.6.8 from the Land Use Element of the City's Comprehensive Plan states "The City shall require that future subdivision with 25 units or more, at a minimum, have at least two (2) points of access open to motor vehicle traffic." Initially, the plat for the parent parcel included a design for the required secondary access, and proposed to make improvements to the one-way area of Shakespeare Street by conveying additional Right -of -Way to the City. After review and consideration by the City Council at that time, adjustments were granted to remove the secondary access, add an emergency access point on Powerline Road, and eliminate the improvements to Shakespeare. This decision may have been predicated on, that in 2004, an extension of Shakespeare was not yet feasible. The River Oaks Preserve project had not yet been annexed or submitted, nor was there knowledge that there would be a future annexation of the parcel west and adjacent to the CCLE Addition, both projects conveying ROW, which currently makes an extension of Shakespeare Street viable. Therefore, per Article 19 and Policy 2-1.6.8, and in consideration that extending Shakespeare Street is now feasible, the current application was required to include a second access point for the new, proposed 35 lots. A proposed design for the second access is included with the submitted plat. Staff recommends this access point should be fully designed, include any improvements necessary to the Shakespeare and Lanfair Avenue intersection so that it meets FDOT and city design standards, and be completed prior to issuance of the final certificate of completion. The second access point may be gated, and in consideration of the existing surrounding streets and neighborhood, can be used as an emergency access only until such time as when Shakespeare Street is extended and open to CR 510. When this occurs, the second access point must be opened to the residents of CCLE for full access. • The applicant has submitted environmental reports and surveys, indicating there does not appear to be any gopher tortoise or scrub jay habitats affected within the proposed development area. Updated reports and surveys will be required before any landclearing or construction activities will be permitted, including for the secondary access point area. The proposed stormwater system is independent from the parent parcel's system. Its proposed outfall is into the Sebastian River Improvement District's (SRID) canal that runs along the CCLE Addition's southern border. Staff has received written correspondence from SRID stating that they concur with the initial design, but will be requiring additional information when the subdivision construction plans are submitted. Section 54-4-19.11(h) requires that subdivisions must dedicate lands for parks and recreational use, specifically four acres for every 1000 persons. Two acres can be for neighborhood parks, and two acres must be for community parks, i.e. recreational areas 0 73 of 188 that can also be accessed and used by Sebastian residents. If such acreage is not available, or the proposed subdivision consists of 100 dwelling units or less, the developer may, in lieu of dedicating land, pay a fee equal to the fair market value of the land which would have been dedicated. Based on the proposed 35 lots, CCLE Addition is required to provide .35 acres of land dedicated to recreational space. They are providing 1.82 acres, see Tract E for lake access, and Tract F for walking trails and lake viewing. However, since these areas are located within a private subdivision, and the applicant has stated he does not wish to open these areas to the community, he has agreed to pay a fee -in -lieu of dedication, which per Section 54-4-19.11(h)(4), cannot be less than for one acre. Section 54-3-9.4(b) requires the fee -in -lieu to be paid before final platting. The applicant is seeking an adjustment from Section 54-4-19.12(c) regarding the requirements for Street Lights. The developer, and HOA through its Covenants and Deed Restrictions, has placed provisions requiring property owners to install and maintain a lamp post that is activated by a photo cell on each developed property. The lamp -post must be kept operational and placed on private property as dictated by the existing covenants and restrictions. It shall be the individual homeowner's responsibility to maintain each lamp post. The applicant is also seeking an adjustment from Section 54-4-19.11(i)(4).h which limits the length of a cul-de-sac to 600'. The intent of the Land Development Regulations limiting cul-de-sac length was to ensure fire department access to all properties and connectivity to Fire Hydrants. As the proposed subdivision has four (4) fire hydrants and a stabilized access easement which connects the two northern and southern cul-de-sacs that could be used by emergency vehicles, the Fire Marshall has determined that the entire subdivision has adequate fire protection, and thus can support the cul-de-sac length to exceed the 600' limitation. The proposed roadway and cul-de-sac for Magnolia Court is approximately 1500' in length. 14. Analysis: Staff has reviewed the proposed plat in accordance with Article 19 of the Land Development Code regarding the following: • Ingress/egress to and from the development area; • Adequate internal streets; • Access to water and sewer; • Adequate access to the utility system/capacity of those utilities to support development; • Adequate drainage; • Fire and Police access; • Recreation and access to amenities; • Street lights; • Sidewalks; • Flora & Fauna protection; and has found the application to be of sound design and, with consideration of discussed matters and the recommended Conditions of Approval, in compliance with city subdivision requirements. 7 74 of 188 15. Conclusion: The proposed Cross Creek Lake Estates Addition Subdivision is consistent with all applicable state and local laws with respect to subdivision development, including provisions contained within the city's Comprehensive Plan and Land Development Code. 16. Recommendation (to PZ Commission): Staff recommends approval of the proposed Preliminary Plat for Cross Creek Lakes Addition Subdivision with the following conditions: The requested adjustments to LDC Section 54-4-19.12(c) Street lighting, and Section 54-4- 19.11(i)(4)h Cul-de-Sac length, are granted; 2. Construction of a fully designed, second access point is required in the southwestern portion of the top loop of Yearling Trail at the Shakespeare Street and Lanfair Avenue intersection prior to issuance of the final certificate of completion. Final design shall be included with the submittal of the CCLE Addition's subdivision construction plans, and shall include any improvements necessary to the aforementioned intersection so that it meets FDOT and city design standards. The maintenance of the second access shall be the responsibility of the CCLE HOA, which can be gated. The second access point may be used as an emergency access only until such time as when Shakespeare Street is extended and open to CR 510. When this occurs, the second access point must be opened to the residents of CCLE for full access. 3. The final stormwater design shall be re -submitted with the subdivision construction plans after review and approval by SJRWMD and SRID, and shall address any remaining comments from the city's consulting engineer. 4. A recreational fee -in -lieu payment for one (1) acre of land must be received, and/or an agreement regarding the fee -in -lieu payment must be executed with the City before final platting of the subdivision can occur. 5. A Gopher Tortoise survey in accordance with Fish and Wildlife Service guidelines shall be updated & submitted prior to issuance of any Land Clearing Permit and site development activities, including for the area of the second access point. 6. Subdivision construction traffic for the CCLE Addition parcel shall enter from the primary entrance on Powerline Road and not from Shakespeare Street or Lanfair Avenue 17. Update and Recommendation (to City Council): The Planning and Zoning Commission held a public hearing at its September 7, 2023 meeting to make a recommendation to City Council regarding the proposed Preliminary Plat. A motion to recommend approval with the above referenced conditions was approved by a 4 to 3 vote. The approved minutes from that hearing is attached (EXHIBIT B). Based on City Council's approval by a 3 to 2 vote of Ordinance 0-23-11, which approved the Conceptual PUD Plan for River Oaks Preserve, the above recommended Condition #2 involving a proposed second entrance/temporary emergency access point onto Shakespeare Street, and the future extension to CR 510 must be re -considered. The approval of the River Oaks Conceptual PUD plan was with six (6) conditions, one of which states "The 25-foot wide right-of-way located north of the proposed Shakespeare Street Extension entryway shall be stabilized and gated at the juncture of Lighthouse Avenue and shall remain, in perpetuity, an emergency access only. E 75 of 188 Accessibility points shall be designed at the gate area allowing for interconnectivity of pedestrians and bicyclists from the communities." As such, Shakespeare Street will not be developed as a full connecting roadway to CR 510 for the Sebastian Highlands or Cross Creek Lake Estates subdivisions. This affects the proposed Preliminary Plat and its requirement to be in compliance with Comprehensive Plan Policy 2-1.6.8 which states "The City shall require that future subdivisions with 25 units or more, at a minimum, have at least two (2) points of access open to motor vehicle traffic," and Article 19, Subdivision Land Development Regulations, which states also, that two points of ingress and egress are required for all subdivisions. Staff offers the following resolutions for consideration: A. In full compliance, require a complete second access from Yearling Trail at the Shakespeare Street/Lanfair Avenue intersection; or B. Pursuant to LDC Section 54-4-19.1(d), grant an adjustment (waiver) from LDC Section 54-4-19.11(i)(2)a.3(b) (EXHIBIT C, attached) for a second access, but install a secondary emergency ingress/egress point from Yearling Trail at the Shakespeare Street/Lanfair Avenue intersection: or C. Consider the current CCLE Addition Preliminary Plat as a phase of the parent plat, and allow the previously granted adjustment for the second access to stand for the current plat, with the condition that the existing emergency access tract on Powerline Road must be re-established and be able to be visibly located both internally and externally from Powerline Road. Staff recommends approval of Resolution R-23-28 approving the proposed Preliminary Plat for Cross Creek Lake Estates Addition Subdivision with the same conditions recommended to the Planning and Zoning Commission, but revising Condition #2 to include #B above as follows: 2. An adjustment from LDC Section 54-4-19.11(i)(2)a.3(b) for a second entrance is granted, with construction of a fully designed, secondary emergency access point required in the southwestern portion of the top loop of Yearling Trail at the Shakespeare Street and Lanfair Avenue intersection prior to issuance of the final certificate of completion. Final design shall be included with the submittal of the CCLE Addition's subdivision construction plans, and shall include any improvements necessary to the aforementioned intersection and access point so that it meets City and Fire standards. Maintenance of the second emergency access shall be the responsibility of the CCLE HOA, which can be gated. PREPARED BY"' DO E E 76 of 188 EXHIBIT A 2020 PE►tition Good evening My name is Kathi Armstrong and I wish to make a brief statement on behalf of our community. Following this there are few other community members who wish to speak, as well. "• (hand board members copy of statement, if needed) We, the undersigned individual property owners and members of the Cross Creek Lake Estates Homeowners Association (CCLE HOA), ask that the Zoning Board withhold approval of this Prellminary Plat Approval Request. We have two major areas of concerns regarding the current proposed preliminary plat: 1. Lots 23 & 24, as shown on the proposed plat, are designated as building parcels. Since the approval and subsequent opening of the development, known as Cross Creek Lake Estates, in 2013, marketing of the development has included the inclusion of an on -site Boat/RV Storage Area (Attachment 1: ADVERTISING SAMPLES). As recently as a few months ago Mr. Fischer has had individuals working on site development of this Storage Area (Attachment 2: IDENTIFIED STORAGE AREA). This RV/Boat Storage Lot has also been referenced in past Annual HOA Meeting Minutes (Attachment 3: MINUTES 2017 and 2018 ANNUAL MEETING MINUTES). Several lot owners have been told directly by Mr. Fischer and his representatives that the area designated Lots 23 & 24 Is for Boat/RV Storage. Because of this we believe that the approval should be withheld until this issue is resolved to the satisfaction of the property owners and members of the CCLE HOA. 2. Regarding the Recommendations for the Emergency Access Entrance, homeowners living directly across from the designated location were not notified of this Zoning meeting. Since this new Emergency Access Entrance is not located within the CCLE Addition, but within the original CCLE development, we believe that the specific details need to be finalized and approved by those homeowners most significantly affected before any approval to the addition Is given. The staff report further indicates that "as Shakespeare Street does not meet the current standards, the emergency access shall remain as such, with the provision that it must be improved to become a secondary entranc%xit when Shakespeare Street Is modified to meet current standards." We assume the City will be making the mentioned Improvements to Shakespeare Street at which time the emergency Ingress/egress will become a main entry/exit What is the timing of these improvements to Shakespeare and who will bear the cost of then improving the 'emergency' entrance/exit to make it another main entrance/exit? We are also concerned about the design of a new gate. We believe that for safety and security reasons any gate installed needs to match the height and Integrity of the existing fencing and front gate. The current secondary emergency access for our neighborhood Is a sloped grassy section of land between Yearling Trail and & 70'h Avenue that Is not paved. The gate is overgrown with vines and Inoperable in its current state (Attachment 4 CURRENT EMERGENCY ACCESS). It should also be noted that In the request for PLAT 1 in 2013, TRACT K Is designated as a permanent emergency access, although nothing has ever happened in the identification and use of that area, as such. This access Is also overgrown and inaccessible (Attachment 5 PLAT 1 SUBMISSION AND ACCESS). in the current request It Is recommended that the board might consider mandating the design of a second emergency access as part of the approval process. We, the homeowners, ask that it not only be mandated, but that it be noted that all 77 of 188 requirements for egressing onto the roadways be in compliance with town and county requirements before approval of the addition Is given. Lastly, the report states that "The applicant has submitted an environmental report, there does not appear to be any gopher tortoise or scrub jay habitats affected within the proposed development area". This may not be wholly accurate. There are four nests on the Shakespeare side of Yearling Trail, starting across from block one lot six and across from 505 and 507 Yearling. (Attachment 6 GOPHER TORTOISE HABITAT). We ask for further investigation into the Gopher Tortoise habitat to ensure its integrity, in accordance with the Florida Fish and Wildlife Service guidelines. Because of these concerns, we respectfully request that you withhold approval of this Preliminary Plat. Thank you Jane and Tony Levinsky 103 Yearling Trail Nina Reeder 103 Rawlings Path Patty and Dave Singewald 101 Rawlings Path Debbie and Bob Dalrymple 104 Micanopy Path Jan and John Garrison 307 Yearling Trail Diane and Charlie Koeppel 321 Yearling Trail Michele and Lenny Ducharme 507 Yearling Trail Colleen and Ivan Scerri 108 Aeolian Harp Path Nancine Vitale 607 Yearling Trail Colleen and Joe Wllkowsk1629 Yearling Trail Kathl and Ken Armstrong 715 Yearling Trail Wendy and Tim Eames 721 Yearling Trail Carol and Dave Luscher 805 Yearling Trail _ _Desiree and Kevin McCloskey 903 Yearling_ Trail Pat and Aian _Disher 929 YearlingTrail Angela and Mark Piccirillo 952 Yearling Trail Leslie and George Knight 107 Yearling Trail Joann and Glen Crowder 107 Rawlings Path John Cyzewski 207 Yearling Trail Mary and Bob Rogers 109 Micanopy Path Ann and Paul Abati 317 Yearling Trail Maria and Pablo Molina 403 Yearling Trail Michael Golfs 106 Aeolian Harp Path Jacque and John Bennis 109 Aeolian Harp_ Carol and John Bllle 609 Yearling Trail Denise and Donald Anderson 705 Yearling Trail Shizuko and Len Thiessen 717 Yearling Trail Rhonda and Jim Spencer 724 Yearling Trail Terry and Ivor Mills 811 Yearling Trail Nancy and Vincent LaRocca 915 Yearling Trail Deborah and Leo Bond 931 Yearling Trail 78 of 188 EXHIBIT B PZC Minutes CITY OF SEBASTIAN PLANNING AND ZONING COMMISSION/LOCAL PLANNING AGENCY MINUTES SEPTEMBER 7, 2023 m I. Call to Order II. Pledge of Allegiance III. Roll Call Present Mr. Roberts (a) Ms. Kautenburg Mr. Carter Ms. Lorusso Not Present Ms. Matthews -- Excused Ms. Geesey (a) -- Excused Mr. Haddix Ms. Battles Ms. Kinchen IV, Announcements and Xienda Modifications 06 \`�\ 0 .E CL E vi . cc E L L %!! Q a co Ms. Kautenburg announced that Commissioners Geesey and Matthews are both excused from tonight's meeting. The alternate member, Mr. Roberts, will be voting in place of Ms. Matthews. V. &),,,roval of Minutes -- Regular Meeting of August 17, 2023 All having indicated that they had reviewed the Minutes of August 17, 2023, Ms. Kautenburg called for a motion. A motion approving the Minutes of August 17, 2023 as presented was made by Mr. Carter, seconded by Mr. Haddix, and approved unanimously via voice vote. VI. Local Planninc; X:)enc,. �LPA� Public Hearin_:s: A. Public Hearing -- Recommendation to City Council -- Subdivision Preliminary Plat -- Cross Creek Lake Estates Addition -- 24.4 Acres, 35 Lots, 1.43 Units/Acres -- Powerline Road/Yearling Trail -- VLDR Future Land Use (Very Low Density Residential, Max 3 units/acre) -- RS-10 Zoning District (Residential Single -Family) City Attorney Cockcroft read the item into the record. She stated the requested action is approval of a preliminary plat for 35 lots on a 24.4-acre parcel, addition to the existing 79 of 188 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING SEPTEMBER 7, 2023 PAGE 2 Cross Creek Lakes Subdivision. The property owner is Henry Fischer, the Engineer is Joseph Schulke, and Mr. Warren Dill is here on behalf of the owner. Ms. Kautenburg reviewed the procedure for hearing public input. She then called on the applicant to make his presentation at this time. Mr. Warren Dill, attorney for the applicant, stated that Dr. Fischer is here as well as Jeff Barkett, who is an engineer with Schulke, Bittle & Stoddard. He stated that Mr. Schulke had an emergency and will not be able to attend tonight, and Mr. Barkett will answer any questions the commissioners may have. He reviewed the history of Cross Creek Estates and Cross Creek Addition and what is being proposed for the project. Cross Creek Addition was always intended to stay within Cross Creek Estates: The City is taking the position that it Is a new subdivision which will require new requirements that were not around when Cross Creek was established. In 2018, the third amendment to the declaration specifically addresses this property. It made it clear that this property is part of Cross Creek, and the new residents have to comply with the same requirements as the existing residents of Cross Creek. City staff feels it was new because the word "phase" was not put on the preliminary plat. It was there, but it was not called "phase." Because it is a new subdivision, we must comply with the following items, one of which is access. City requirement is that there be another access on Shakespeare Street. Dr. Fischer feels that there are two access points presently: the main entrance on Poweriine Road, and that over 1,000 feet south, which Is the separation the City code requires, we have an emergency access for this development. The City has agreed at this point in time that it would just be an emergency access. He showed photographs of the emergency access and a sign identifying it. The applicant believes the two existing ingress and egress points are sufficient for this development. Mr. Dill stated that the second item that must be addressed is a "public" recreation requirement which is defined as recreation for the public, not just the residents. Mr. Fischer is providing 1.82 acres of recreation. There is also a 30-plus-or-minus-acre lake that he does not get credit for. Mr. Fischer has chosen to advise the City that he is not going to give public access to use these new recreational amenities that he is putting In for which he must pay a charge that the City is going to impose. The cost of that fee is going to be the value of one acre of land. He also described the other requirements of the City such as streetlights, cul-de-sac requirements, and two entrances/exits. Mr. Fischer is also providing a loop road around the lake, which will be stabilized. 80 of 188 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING SEPTEMBER 7, 2023 PAGE 3 Mr. Dill said the City has a required life for a preliminary plat, and that life is 18 months. Because the applicant did not come back within 18 months, he has to start over. That is why we are here tonight. Ms. Kautenburg asked for staff presentation. Ms. Bosworth entered the Staff Report into the record. She explained that the items in the staff report are code requirements the preliminary plat has to meet. She emphasized that in all the documents presented to the City, there was nothing ever given to the City so that staff had something in writing that formally says this is another phase of Cross Creek Lake Estates. She reviewed in detail the items in the staff report, and staffs recommendations are as follows: 1. The requested adjustments to LDC Section 54-4-19.12c) street lighting, and Section 54-4-19.11(i)(4)h Cul-de-Sac length, are granted. 2. Construction of a fully designed, second access point is required in the southwestern portion of the top loop of Yearling at the Shakespeare Street and Lanfair Avenue intersection prior to issuance of the final certificate of completion. Final design shall be included with the submission of the CCLE Addition's subdivision construction plans, and shall include any improvements necessary to the aforementioned intersection so that it meets FDOT and City design standards. The maintenance of the second access shall be the responsibility of the CCLE HOA, which can be gated. The second access point may be used as an emergency access only until such time as when Shakespeare Street is extended and open to CR 510. When this occurs, the second access point must be opened to the residents of CCLE for full access. 3. The final stormwater design shall be re -submitted with the subdivision construction plans after review and approval by SJRWMD and SRID, and shall address any remaining comments from the City's Consulting Engineer. 4. A recreational fee -in -lieu payment must be executed with the City before final platting of the subdivision can occur. 5. A Gopher Tortoise survey in accordance with Fish and Wildlife Service guidelines shall be updated and submitted prior to issuance of any Land Clearing Permit and site development activities, including for the area of the second access point. 6. Subdivision construction traffic for the CCLE Addition parcel shall enter from the primary entrance on Powerline Road and not from Shakespeare Street or Lanfair Avenue. Ms. Kautenburg called for public input. 81 of 188 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING SEPTEMBER 7, 2023 PAGE 4 Tony Salazar, Shakespeare Street, Sebastian -- He opposes the project and explained his reasons for opposition and offered suggestions for changes to what is now planned. Jeffrey Junek, Sebastian, 1718 Mainsail Street, Sebastian -- He asked if a traffic study has been done on how much traffic Shakespeare Street can hold today. He opposes the project and explained his reasons for opposition. Heather Fisher, Shakespeare Street, Sebastian -- Her main concern is the traffic flow, and she opposes the project as it is planned. Amy Speak, Sebastian -- She agrees with what has already been said, and she opposes the project as it is planned. Diane Spagnolia, Sebastian -- Her issues are with the width of the streets/entrances, and she has asked for an engineer to come and look at the situation. She opposes the project as it is planned. Donna Greco, Sebastian — Her issues are with the emergency exit gait, the effect on the wildlife, increase in traffic, and she opposes the project as it is planned. Tammy Salazar, Shakespeare Street, Sebastian -- Her issue is with speeding of the traffic on Shakespeare Street, and she opposes the project as it is planned. Paul Jameson, Cross Creek Lake Estates, Sebastian -- He reiterated what prior speakers had presented. His issue is also with the emergency gate, and he opposes the project as it is planned. Jose Barradas, Sebastian -- He has three children who can play outside now. In the country that he comes from, that was not possible. He is asking that the City consider installing a speed bump in front of his house. He opposes the project as it is planned. Gary Hammock, Lanfair Avenue, Sebastian — He has issues with the narrowness of Shakespeare Street. He opposes the project as it is planned. Dennis Griffith, Cross Creek Estates -- His issue is with the proposed gates/entrances and the increase in traffic if the project proceeds as it is planned. 82 of 188 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING SEPTEMBER 7, 2023 PAGE 5 Jeffrey Carrier, Lanfair Avenue, Sebastian -- He is concerned with the lack of visitation to the area involved by the commissioners. His issue is also with the narrowness of Shakespeare Street, and he is opposed to the project as it is planned. He is a member of the Natural Resources Board, and he is concerned with how the project will affect the wildlife, and he made some suggestions for revising the planned project. Scott Carmine, Shakespeare Street, Sebastian -- His issue is with the emergency exit as well as the narrowness of some of the streets as well as people going the wrong way on the one-way streets, and he opposes the project as it is planned. Bruce Stoll, Lanfair Avenue, Sebastian -- One of his issues is the plotting on the west end of Lanfair and Lighthouse, and he is opposed to the project as it is planned. Norm Tessler, Seashore Avenue, Sebastian -- He is concerned with the present emergency gate and the present state of Shakespeare Street. He is opposed to the project as it is planned. Charles Stadelman, Sebastian (Zoom) -- He is a member of the Natural Resources Board and is also associated with the Sebastian Rotary Club. He is concerned with connectivity of the parks in Sebastian. He suggested referring this matter to the NRB, whose mission is to improve the quality of life in Sebastian. He would like to ask City Council to defer this until the NRB takes it up as an agenda item. Ms. Cockcroft reminded the commissioners that at this time they will need to disclose any ex parte communications, site visits, which are presumed prejudicial, and which is why they would need to be disclosed at this point, as well as any investigations and/or any research or recusals pertaining to this matter. She also reminded the commissioners that they will be considering only competent substantial evidence, not lay opinions and, as well, no testimony other Commission members should be given greater weight than any other testimony. Ms. Bosworth addressed a few of the things that have been said tonight. She verified that this is a recommendation to City Council. This is not the final decision. It still has to go before City Council, most likely on October 11 th. Letters will be sent out for that meeting. She noted that the codes being discussed are from the Comprehensive Plan and the LCD and are not just randomly from staff, they have been adopted by this Commission and City Council, and they are looked at for the safety and welfare of the City's residents. She is specifically speaking about the second entrance. 83 of 188 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING SEPTEMBER 7, 2023 PAGE 6 From the last meeting with River Oaks Preserve there were a lot of people who came and spoke about the situation on Shakespeare with traffic going one way. She contacted the City Engineer Department and the Roads Division to have them look at that. The City Engineer has reached out to her staff as to if there was additional signage and striping on that street. Those concerns have been relayed to the Engi- neering Department. Another concem is that between this subdivision and the River Oaks Preserve, at no time is the City requiring or requesting that the one-way Shakespeare Street be made into a two-way street. She also emphasized that for this subdivision the Shakespeare Street extension is not part of this subdivision con- sideration. The only time that that comes into play is concerning the River Oaks Preserve. They are going to be giving the City their conceptual plan, if it is approved by City Council, and the right-of-way to connect Shakespeare Street there. If it is de- cided that Shakespeare Street is not to be extended, the code still remains that the subdivision has to have two entrances. Then there is a lot more traffic that is going to be put onto Lanfair going out that entrance, and it has to be a two-way entrance. The City's compromise was that, if Shakespeare does get extended, the City will al- low this to be an emergency access until we can get the traffic off of the local roads onto the Shakespeare Street extension. The part of Shakespeare Street that would be mostly affected is between Lanfair and Lighthouse. Otherwise, the rest of Shake- speare extension to 510 is along the River Oaks Preserve subdivision. There is no requirement for any developer to widen or try to get two lanes affecting the one-way Shakespeare Street at it is presently. She also added that Mr. Joseph Schulke, a representative of Schulke, Bittle & Stoddard did go out there based on the survey and the elevations, and he has come up with a plan for that access. She also stated that a full traffic analysis is not required unless and until the conceptual plan for River Oaks Preserve comes in. She repeated that staff recommends approval with the six conditions noted in the Staff Report. Ms. Kautenburg called on the commissioners for their questions/comments. Mr. Roberts -- He asked regarding Shakespeare Street and where the emergency vehicles would have to come from. Ms. Bosworth explained how that would work. Ms. Kinchen -- Her concern has to do with the emergency access. She stated that there has long been discussion about extending Shakespeare Street to CR-510, and it still has not happened. She does not see the point in making it into a fully designed emergency access. She is also of the opinion that the emergency access be closer to the Lanfair section rather than the Shakespeare section. 84 of 188 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING SEPTEMBER 7, 2023 PAGE 7 Ms. Lorusso — She asked how much leeway is between preliminary and getting to construction and final phases. Ms. Bosworth explained how this is different from a PUD. In a PUD, you look at a conceptual first. If the Commission approves the preliminary plat, this is the design. If City Council accepts your recommendations, this is it. The next step is to come in with construction drawings, and she explained that process. Ms. Lorusso emphasized that we are bound by the City codes. Mr. Haddix — He asked regarding the current entrance on the existing Cross Creek, and are they creating a new entrance. Ms. Bosworth stated yes, the one that the City is proposing on Shakespeare and Lanfair. The City is allowing it to be an emergency access until Shakespeare is extended to 510. The City does not want a lot of the extra traffic to have to go onto Lanfair, because we know that is a concern. He does not see how we can approve something on an idea of the future that it is an entrance, when we are not requiring it to be an entrance now. ' There is an existing emergency access off of Powerline Road. She further explained that there is nothing in the code that says you need an emergency access; you need two full accesses. Mr. Haddix asked regarding the fee that Mr. Fischer is willing to pay in -lieu -of, what is that fee allocated to. Ms. Bosworth said it would go into the Parks and Recreation/Leisure Services Department. Ms. Battles -- She has walked Lanfair and other streets, so she knows the area. She asked how the community is going to be serviced by trash collection. Mr. Barkett said he is not 100% certain on the trash, but he is sure it would be the local service provider. Ms. Battles said she lives in another Fischer community, and there are Issues with rutting in the roundabouts from the trash trucks. She asked If the emergency access road that is also going to be used as a trail is part of the open - space calculation. Mr. Barkett said It is, and there was further conversation between Ms. Battles and Mr. Barkett regarding this question. There was also discussion regarding where the mailboxes will be placed. Regarding the access, Ms. Battles asked several questions, including who owns the property that the existing emergency access is on at Powerline Road. Ms. Bosworth said it is the HOA. Ms. Battles asked who owns the property that the City is proposing emergency access from Shakespeare. Ms. Bosworth said it is a tract owned and maintained by the HOA. Ms. Battles asked if the code that Ms. Bosworth is citing that requires two access points requires that those access points be on different roads. Ms. Bosworth said no, and that subject is addressed in the recommendations in the staff report. Ms. Battles asked if there has been any precedent for a variance from this requirement. Ms. Bosworth explained that in some sections of the code it is called a waiver, in some sections it is a variance, in the Article 19 for subdivisions it is called an adjustment. 85 of 188 PLANNING AND ZONING COMMISSION MINUTES OF REGULAR MEETING SEPTEMBER 7, 2023 PAGE 8 An adjustment was already given to the parent parcel of having those two entrances. The parent parcel already got that adjustment which says, if you cannot do the entrances, you can have the emergency access. Ms. Battles asked, being that this is a separate plat, would they be able also to file for an adjustment. Ms. Bosworth stated that can be looked into; it was not requested. Ms. Battles asked If the applicant feels that it is an option to provide another access where the emergency access is presently, and she asked if that is even viable. Ms. Bosworth stated this was a requirement in the 2020 preliminary plat that came before the City, and that plat had an access onto Shakespeare as an emergency access. In 2020, there was not the feasibility of extending Shakespeare. Ms. Battles said there was a speaker in Public Input who suggested making sure it is the right thing for the community, and she does not think this access makes sense because both sides are opposed to It. She also stated that, if it is something that code requires, she suggested finding an alternative that would also meet code. Ms. Kautenburg -- She said that, although she did not raise her hand when the commissioners were asked if they had been out to the site, she has been down Shakespeare. The majority of the speakers from the public spoke regarding Shakespeare. Every one of them said that Shakespeare is problematic presently. She added that the narrower a street is, the less safe it is. If you want a safer street, it needs to be wider. With regard to the emergency exit, most of the gated subdivisions In the City have emergency exits that most of you would not recognize if you saw them. She believes that none of them has ever been used. The City provides for that unknown emergency. There being no further deliberation, Ms. Kautenburg called for a motion. A motion recommending to City Council approval of the proposed preliminary plat for the Cross Creek Lakes Estates Addition subdivision with the six conditions as stated in the staff report was made by Mr. Carter and seconded by Ms. Lorusso. Roll Call Ms. Kinchen — Yes Ms. Battles — No Ms. Kautenburg -- Yes Mr. Roberts — No Vote was 4-3 in favor. Motion passes. Mr. Haddix -- No Ms. Lorusso — Yes Mr. Carter — Yes 86 of 188 EXHIBIT C Code for 2 Access Points Sec. 54-4-19.11. Required improvements and design criteria. (i) Transportation systems. (b) All subdivisions, as defined in section 54-4-19.1(c), shall be designed with at least two public means of ingress and egress 'to provide public access to the subdivision from arterial or collector streets. An adjustment in the number of required public means of ingress and egress under this paragraph may be authorized pursuant to section 54-4-19.1(d). Each public means of ingress and egress to a subdivision shall intersect an arterial or collector street different from the arterial or collector street intersected by any other required public means of ingress and egress to the subdivision. If it is not possible for the required number of public means of ingress and egress to a subdivision to intersect different arterial or collector streets, the public means of ingress and egress may intersect the same arterial or collector street; however, the points of intersection must be located a minimum of 1,000 feet apart. If an adjustment is authorized pursuant to section 54-4- 19.1(d) such that only one public means of ingress and egress is required under this paragraph, the subdivision shall be designed to provide at least one additional means of ingress and egress for emergency vehicles. All such means of ingress and egress for emergency vehicles must be recommended for approval by the planning and growth management director, the city engineer, and the planning and zoning commission and approved by the city council. Wherever possible, all subdivision access roads shall be located at existing median openings. If a subdivision access road is not located at an existing median opening, the applicant's paving plan shall provide for construction of a median opening, where permitted, or shall provide for the modification of existing openings, where required, at no cost to the city. The design of subdivision access roads shall comply with the requirements of the jurisdiction of the highway in which the median is located. (Ord. No. 0-22-02, § 1, 4-13-2022) (Supp. No. 20) Created: 2022-08-05 12:58:00 [EST] Page 1 of 1 87 of 188 School Impact Analysis Form (For Residential Projects Only) Instructions to Applicant: Submit one copy of the completed application, location map, forges new residential project or building permit requiring a determination of school capacity to the applicable local government. Type of Application Request: [ j Conditional School Capacity Availability Determination [School Capacity Availability Determination [ ] Request for Exemption (i.e. age restricted community) Project Information Project Name: Gross Creek Lake . states Addition Parcel ID#: (attach separate sheet for multiple parcels): 31393000000500000002.0 Location/Address of subject property: Located between Barber Street and 85th Street, west of 70th Ave in Sebastian (Attach vicinity location map - with Closest Major Intersection) Ownership/Contact Information Owner/Contract PurchaserName(s): Cross Creek Addition- Inc Agent/Contact Person: Henry A. Fischer c/o Joseph W. Schulke, P.E., Schulke, Bittle & Stoddard, LLC (If an applicant is not the owner of record, a letter of authorization from the property owner(s) must be included with this form at the time of application submittal) Mailing address: 1717 Indian River Btvd, Suite 201 Telephone#: 772-770-9622 Fax: 772-770-9496 E-Mail: ischulkeftsbsenaineers.eom Development Information Current Land Use I Very Low Density Proposed Land Use I Very Low Density Residential Designation Residential Designation Current Zoning I RS-10 Proposed Zoning ( RS-10 SF: 35 Proposed # Dwelling units by type': I MF: (rental) Condo: • Show only the # of units forFdinformad on not the total for the development I hereby certify the statements n contained in this application and attachments submitted herewith are true and correct to the best ofedg ( A j Owner or Agent Signature Date 3 I t W I rQ3 For School Dis cWS Ie Only (Capacity Availability Determination) School Capacity Available: X School Capacity Not Available: Exempt: Sc I; apacity Available rAdjacent Service Area: 03& &4 n 3/17/23 pool )istrict Facilities Sp �llst S re Date Page 9 of 10 88 of 188 Friday, March 17, 2023 Indian River County School District School Concurrency Availability Determination Project Name: Cross Creek Lake Estates Addition Project Unit Yield By Type of School Date Received: 3/16/23 Yield Elem Mid High Case Number: Single 0.189 7 Single 0.097 3 Single 0.123 4 Location: Located between Barber Street & 85"' Street, West of 701' Avenue Sebastian, FL ParceIID# 31393000000500000002.0 Project Planned Units # Single Family: 35 # Multi -Family: # Townhomes: # Apartments: Additional Applicant: Cross Creek Addition, Inc. Information: Contact: Henry A. Fischer, c/o Joseph W. Schulke, P.E., Shulke, Bittle & Stoddard, LLC 1717 Indian River Blvd, Suite 201 Vero Beach, FL 772-770-9622 — Phone/772-770-9496 — Fax ischulke@sbsengineers.com School Service Area Boundary Current Programmed Total Current Vested Total Available Project (SSAB) Capacity Capacity Capacity Enrollment Demand Demand Capacity Demand Pelican Island ES 654 0 654 314 0 314 340 7 Storm Grove MS 1267 0 1267 1021 0 1021 246 3 Sebastian HS 2334 0 2334 1847 0 1847 487 4 This letter is in response to a Conditional School Capacity Availability Determination Request for the Project Cross Creek Lake Estates Addition. This Project is located in SSAB for Pelican Island Elementary School, Storm Grove Middle School, and Sebastian High School. The SSAB does have sufficient space available to accommodate the students projected to be generated from this project. 89 of 188 ENVIRONMENTAL ASSESSMENT REPORT CROSS CREEK ADDITION INDIAN RIVER COUNTY, FLORIDA March 30, 2023 Prepared by: ECOLOGICAL CONSULTING OF FLORIDA 850 NW FEDERAL HIGHWAY, SUITE 109 STUART, FL 34994 772-220-7817 sopotnick(d�ecf--llc. com j David C. Sopotnick, President 2145.01 90 of 188 1.0 INTRODUCTION This assessment is in support of the development approval for the subject ±24.43-acre site in Indian River County. 2.0 SITELOCATION The project is located within Section 30, Township 31 South, Range 39 East within Indian River County, Florida (Figure 1). The subject property includes a vacant, previously developed agricultural property. Bordering land uses include residential to the north, with open lands to the south, east and west. 3.0 METHODOLOGY The assessment methodology consisted of the review of topographic information, soils maps, and recent aerial photographs. A field reconnaissance of the subject parcel was then conducted which included pedestrian transects through the parcel to map and identify specific habitat and land uses and vegetative cover types. A perimeter transects were conducted to confirm features that extend off site. Field notes were taken and an aerial photograph was marked with land use and cover types and any environmental findings. 4.0 TOPOGRAPHY/HYDROLOGY According to the U.S.G.S. topographic (Sebastian Quadrangle), the site is relatively flat at an average elevation of 20 feet NGVD, sloping towards the southwest. (Figure 1). The site is depicted as undeveloped lands. There are no structures, wetlands shown on the topographic map. A small water body is shown in the north central portion, along with an east -west ditch from the east ending halfway through the site to the west. 91 of 188 5.0 SOILS According to the Web Soil Survey of Indian River County, FL (NRCS — Web Soil Survey), the following soil is found on site (Figure 2). Mvakka-Mvakka. wet. fine sands. 0 to 2% slopes (5) Oldsmar fine sand (6) Wabasso-Wabasso. wet. fine sand. 0 to 2% slopes (13) The soils appear to be disturbed by past agricultural activities. The historic aerials show fish ponds present in the northwest section of the site. None of these soils are classified as hydric. 6.0 SITE CONDITIONS An assessment of the extent, distribution, and composition of vegetative communities for the site was originally conducted by Chris Sopotnick of Ecological Consulting of Florida (ECF), on May 11, 2021, with later investigations made on June 15, 2022, for the eastern addition. The entire site was re -assessed during the 2022 investigation. Pedestrian transects were conducted throughout the site with vegetative communities mapped on a recent aerial photograph. A description of each community type is provided in the Habitat/Land Use section of this report. 3 93 of 188 7.0 HABITAT/LAND USE Onsite habitats and adjacent land uses have been characterized using the Florida Land Use Cover and Forms Classifications System (FWC, 2009) (FLUCFCS), and are described below and depicted on the Land Use and Cover Map (Figure 3). o 1780 — Bare Soil: this area has been cleared of vegetation with spoil raised around three sides. The are is open soil, with a portion paved and likely serving as storage parking. o 17315 — Other Open Lands - Rural: this cover type shows evidence of past disturbance by agricultural activities. This cover is fairly open with a few vegetation piles currently on site and include a few laurel oaks (Quercus laurifolia) and cabbage palms (Sabal palmetto) with the site primarily being covered with Bahia grass, guinea grass (Megathyrsus maximus), ragweed (Ambrosia artemisiifolia), bidens (Bidens pilosa), dog fennel (Eupatorium capillifolium) and grapevine (Vitus Spp). o 4220 — Ditch/Artificial Intermittent Stream: this feature is an upland cut drainage ditch that traverses the site north south along the west boundary, connecting to an east -west ditch, with both outfalling to the main drainage ditch offsite to the south. 8.0 CRITICAL HABITAT/ LISTED SPECIES OBSERVATION The site was reviewed for the presence of habitat conducive to federal and state listed flora and fauna. An initial review documented vegetative communities and noted areas listed as potential habitat. Although disturbed, the site has habitat conducive to gopher tortoises. One burrow potentially occupied tortoise burrow was observed in the southeast corner near the farm pond. Prior to development (no more than 90 days from earthwork) a 100 percent survey of the site should be surveyed. The Other Open Land — Rural is considered low quality habitat for Florida scrub jay. This species is listed as threatened by the US Fish and Wildlife Service (USFWS). Although not considered prime habitat, scrub jays can be found not far to the east of this parcel and therefore a full scrub jay survey of this habitat is recommended. The survey should be conducted in the months of March, September, or October to confirm no birds utilize this site for foraging. A database search of FWC records for documented bald eagle nests was conducted and none were noted for the property or within 0.5 mile of the site. Non -listed wildlife or signs of species observed include cottontail rabbit, cardinal, cattle egret, common wren, black racer snake, and raccoon (tracks/scat). All species of wildlife observed are typical representatives of the habitats on site. None are unusual for the Indian River County Area. 5 95 of 188 The Florida Natural Areas Inventory (FNAI) provides a matrix by County of rare and endangered species in Florida. Based on the known distribution and preferred habitats of certain species, the following listed wildlife has the potential to occur on site: TABLE 1 — FNAI LISTED SPECIES COMMON NAME SCIENTIFIC NAME EVIDENCE/SIGHTING STATUS FWC USFWS Eastern Indigo snake Drymarchon corias couped Not observed T T Gopher tortoise Gopherus polvphemus Not observed T Gopher frog Rana capito Not observed SSC Florida pine snake Pituophis melanoleucus muoitus Not observed SSC Florida Panther Puma concolor coryi Not observed E E Burrowing owl Speotvto cunicularia Not observed SSC Woodstork Mycteria Americana Not observed E E American Alligator Alligator mississippiensis Not observed T T Crested caracara Caracara cheriwav Not observed T T Florida scrub -jay Aphelocoma coeruluscens Not observed T T Piping Plover Charadrius melodus Not observed T T Red -cockaded woodpecker Picoides villosus Not observed E E Southeastern American kestrel Falco sparverius Paulus Not observed T Florida sandhill crane Grus Canadensis pratensis Not observed SSC Osprey Pandion halisetus Not observed SSC Snail kite Rostrhamus sociabilis plumbeous Not observed E E Least tem Sterna antillarum Not observed T Sherman's fox squirrel Sciurus nicrershemtani Not observed SSC Manatee Trichechus manatus Not observed E E Abbreviatlons: SSC = Species of Special Concern, T = Threatened USFWS = United States Fish and Wildlife Service, FWC = Florida Fish and Wildlife Conservation Commission, 7 97 of 188 9.0 WETLANDS AND SURFACE WATERS The soils map, topographic map and National Wetland Inventory (NWI) maps were reviewed to identify potential wetland areas. Subsequent field reconnaissance was performed to confirm limits of wetlands within the project site. The site soils have been altered throughout the years by agricultural management and more recently vegetation clearing. The NWI map did not show any wetlands or surface waters on site. The topographic map showed one surface water in the northwest corner of the site. Site reconnaissance identified only two ditches (FLCCS 4220) on site would be considered surface waters. The surface waters are regulated by the St. Johns River Water Management District (SJRWMD) and would require permitting if impacted. SJRWMD will require an inventory of the other surface waters as well as showing them on the permit drawings, however mitigation will not be required for impacts to this feature. Federal 404 jurisdiction (wetlands) is regulated by either the US Army Corps of Engineers (USACOE) or the Florida Department of Environmental Protection (FDEP). Based on the wetlands being inland from tidal waters, FDEP would be the agency to address federal 404 jurisdiction if warranted. The ditches are considered upland cut and should be exempt from federal 404 jurisdiction. Prior to development coordination with FDEP is occurring. A request for No Permit Required has been submitted to FDEP and we are awaiting confirmation on this. 8 98 of 188 10.0 CONCLUSION The subject property includes vacant, disturbed lands. Habitat for listed species was identified. Gopher tortoises and scrub jays have the potential to be found in the Other Open Land — Rural land use. Although considered a low probability this habitat is close to an active population of scrub jays (less than 1.5 miles east). A 100-percent tortoise burrow survey is recommended prior to construction. Although the on site habitat is marginal for scrub jays a full survey was conducted. No scrub jays were identified in the survey. Surface waters are found on site and are considered jurisdictional by the SJRWMD. The surface waters will need to be permitted as part of the ERP process, but will not require mitigation. A 404 No Permit Required request has been submitted to FDEP to confirm no jurisdiction over the ditches (upland cut). Based on the current navigable waters executive order it is not anticipated that the ditches will fall under federal jurisdiction. 0 99 of 188 FLORIDA SCRUB JAY SURVEY CROSS CREEK PARCEL INDIAN RIVER COUNTY, FLORIDA NOVEMBER 21, 2022 Prepared by: ECOLOGICAL CONSULTING OF FLORIDA 850 NW FEDERAL HIGHWAY, SUITE 109 STUART, FL 34994 772-220-7817 David C. Sopotnick, President 2145 01 100 of 188 1.0 INTRODUCTION This assessment is in support of the City of Sebastian development approval process. The development will include residential housing and stormwater improvements. This survey is being provided to confirm whether scrub jays utilize the subject property. 2.0 SITE LOCATION The project is located within Section 30, Township 31 South, Range 39 East within Indian River County, Florida (Figure 1). The subject property includes a vacant, previously developed agricultural property. Bordering land uses include residential to the north, with open lands to the south, east and west. 3.0 METHODOLOGY The assessment methodology consisted of the review of topographic information, soils maps, and recent aerial photographs. Habitat on site is considered low probability for scrub jays as it is fully grassed and mowed on a regular basis. The surrounding properties are either residential communities or agricultural uses and do not include typical scrub jay habitat such as scrub or palmetto prairie. However, as this property is within Indian River County and east of 1-95 a scrub jay survey is being conducted to confirm no usage by scrub jays. Two stations were established for playback and monitoring stations. The habitat is open and sound carries well so the station were established at less than 660 feet apart per USFWS guidelines. 101 of 188 4.0 FLORIDA SCRUB JAY SURVEY The site was originally reviewed by ECF June 15, 2022 with this scrub jay survey conducted from October 17-21, 2022. After defining habitats on site, transects were established with playback stations identified. Playback stations were placed no more than 660-feet (200-meters) apart, with denser habitat requiring 330-feet (100-meters). Playback Stations were established and are identified on Figure 1. Field surveys were then conducted over five consecutive days. Pedestrian surveys were conducted from sunrise to no later than mid morning. Florida Scrub Jay (Aphelocoma coervlescens) vocalizations of territorial scoldings, including the female "hiccup" call were played at playback stations in all four cardinal directions at each station. Field notes were taken to document any occurrences. Various songbirds including mocking birds and blue jays, were noted during the survey. No scrub jays were sighted, nor were any calls answered during the survey. 5.0 RESULTS A recent scrub jay survey was conducted for the 2022 season and no scrub jays were observed nor were any calls noted during the survey. Based on the results of this survey, it is our opinion that no scrub jays are on site and no territories extend to the property. The subject property is not located near any known scrub jay parcels and lacks traditional scrub jay habitat. The site is bordered by residential land uses and agriculture. Conditions for the 2022 scrub jay survey were good for sightings, and none were observed. It is ECF's opinion that no scrub jays utilize the site. 2 102 of 188 Date/Times 10/17/22 08:00/08:20 10/11/22 08:05/08:25 10/12/22 08:00/08:20 10/13/22 08:00/08:20 10/14/22 08:00/08:20 Scrub Jay Survey Cross Creek Parcel October 17-21, 2022 Survey Performed by Chris Sopotnick Station# Results Weather Conditions 1 2 1 2 1 2 1 2 1 2 Warbler, mocking bird 5-8 MPH SE/clear 82 ° mocking bird no birds 5-8 MPH NW/clear 770 bluejay, mocking bird mocking bird, bluejay 10-15 MPH NW/ clear 640 grackle, bluejay loggerheaded shriek 5-8 MPH NW/ clear 680 bluejay, warbler grackle, mockingbird 10-15 MPH NW/ clear 700 mocking bird, blue jay 104 of 188 atrot SEBASTIN HOME OF PELICAN ISLAND COMMUNITY DEVELOPMENT DEPARTMENT 1225 MAIN STREET r SEBASTIAN, FLORIDA 32958 TELEPHONE (772) 689.6518 a M0My&Nvo1sebaAan.orq PUD — Conceptual Development Plan ❑ PUD —Preliminary Development Plan (5o acres o, <) ❑ PUD — Preliminary Development Plan (> than 50 aorta) ❑ PUD — Site Plan ❑ PUD — Final Plat Li SUBDIVISION — Division of Single Lot (Rcsidmiap SUBDIVISION — Preliminary Plat po ecrca a, <) ❑ SUBDIVISION - Preliminary Plat t> manso ate} ❑ SUBDIVISION —Construction Plans ❑ SUBDIVISION —Final Plat C SITE PLAN (Administrative Approval) ❑ SITE PLAN (Major Modification) L SITE PLAN (New Development) i-1 SITE PLAN (Minor Modification) Project Name: Cross Creek Lake Estates Addrtion Total Site Area: 24.43 +/- Acres F Parcel ID: 31393000000500000002.0 Address of Site: Proposed Use: Residential Subdivision Land Use: Very Low Density Residential Zoning: RS-10 Applicant Name: Cross Creek Addition, Inc. Address:10725 US Hwy 1, Sebastian, FL 32958 Telephone: 772-589-3159 Email: haft@bellsouth.net Applicant (if not owner. written authorization (notarized) from owner is required) Owner: Same as applicant above Address: Telephone: Email: Date Received: Fee Paid: Received by: FORM A 105 of 188 Surveyor: William B. Zentz .& Assoc., Inc. Address:684 Old Dixie Hwy., Vero Beach, FL 32962 Telephone: 772-567-7552 Email: billz-wbz@comcast.net Engineer.Joseph W. Schulke, P.E., Schulke, Bittle & Stoddard, LLC Address:1717 Indian River Blvd, Suite 201, Vero Beach, FL 32960 Telephone: 772-770-9622 Email:jschulke@sbsengineers.com Pre — Application Meeting Date: I4/5/2022 DESCRIPTION OF PROPOSED PROJECT: Addition of 35 single family residential lots SIGNATURE OF APPLICANT 1 hereby certify that I have read and examined this application and know the same to be true and correct. All provisions of laws and ordinances governing this type of work will be complied with, whether specified herein or not. The granting of approval does not presume :F! olate or c ncel the provisions of any other state or local law regulating construction or the perfon./ HenryA. Fischer7p a Print name ( Da e Notary: STATE OF: Florida COUNTY: Indian River i hereby certify that on nn, zemic(: , 20,)a personally appeared Henry A. Fischer who is personally known to me or has — produced identification. Type of identification produced: [SEAL] s;;•,, MICHELLE R. COSS Notary Public -State of Florida Commission M GG 361343 My Commission Expires July 31, 2023 Not ry Public My Commission Expires: FORM A 106 of 188 lion, SEBASTIAt� </MUMMI�I piUM1 H �NU�MII CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: January 24, 2024 Agenda Item Title: Consideration of First Amendment to Lease Agreement with Crab E Bill's, Inc. and Authorize the Mayor to Execute Appropriate Documentation Recommendation: City Council approval of the First Amendment to the Lease Agreement between the City of Sebastian and Crab E Bill's, Inc. for certain real property located at 1540 Indian River Drive in Sebastian. Bacl,round: The City of Sebastian and Crab E Bill's, Inc. entered into a lease agreement dated March 19, 2014 for certain real property located at 1540 Indian River Drive, Sebastian, Florida. The current lease agreement is set to expire on March 19, 2024. Crab E Bill's, Inc. has requested to extend the lease in order to continue operating its seafood market. Staff recommends extending the lease term for (seafood market only) business operations until June 1", 2024 and an additional 60 days to vacate the premises. Effective June 1, 2024, business operations at the ]eased premised must cease. Staff recommends approval and asks for authorization for the Mayor to execute the Lease Amendment. If A,-,enda Item Requires Exuenditure of Funds: Budgeted Amount: N/A Total Cost: N/A Funds to Be Utilized for Appropriation: N/A Attachments: 1. First Amendment to Lease Agreement 2. Crab E Bill's Original Executed Lease 3. Crab E Bill's Inventory Sheet Administrative Services Department Revi w: ' l C CityAttorney Review: l.J�� Y Procurement Division Review, if applicable: City Manager Authorization: Date: J// 00 a y - - 122 of 188 FIRST AMENDMENT TO LEASE AGREEMENT This Agreement, made and entered into this day of January, 2024 by and between the City of Sebastian, a municipal corporation of the State of Florida, located at 1225 Main Street, Sebastian, FL, Indian River County, Florida, hereinafter referred to as the "Lessor" or "City" and Crab E Bill's, Inc., hereinafter referred to as "Lessee," a corporation organized and existing under the laws of the State of Florida. ,k3 M li-61,lA 3 ._ WHEREAS, the City of Sebastian and Lessee have heretofore executed a lease dated March 19, 2014, hereinafter referred to as "Original Lease" pursuant to which the City leased unto Lessee certain real property located at 1540 Indian River Drive, such real property shall hereinafter be referred to as the "Leased Premises", and WHEREAS, the Parties wish to amend the Original Lease under the following terms as outlined herein. NOW, THEREFORE, in consideration of the premises and of the mutual covenants hereinafter contained, the parties hereto do hereby agree to be bound as follows: l . Amendment of Terms: A. Section 4 — TERM shall be revised as follows: The Lessor agrees to extend the term of the leased premises to the Lessee for business operations until June 1, 2024. Effective June 1, 2024 business operations at the leased premises must end. The Lessee will then have 60 days to vacate the premises. B. Section 6 (B) — IMPROVEMENTS shall be revised as follows: At the end of the term of this Lease, Lessee shall deliver the Leased Premises to Lessor in good repair and condition, reasonable wear and tear excepted. With the exception of privately owned or leased equipment, all installations, fixtures, alterations, additions and/or improvements, on the Leased Premises, shall become the property of Lessor and, on termination of the Lease, shall be surrendered with the Leased premises in good condition. Prior to the removal of any equipment the Lessee shall complete a walkthrough with the Lessor to determine what items shall remain property of the City. Included in this Amendment is a sample list of items that are property of the City of Sebastian. 2. The effective date of this Addendum shall be the date of final execution by both parties. 3. Except as hereby amended, the Original Lease, all subsequent amendment documents and all terms contained therein shall remain in full effect and binding on the Lessor and the Lessee except those which are rendered obsolete by being in conflict herewith. 123 of 188 ATTEST: City Clerk ATTEST: Corporate Sooretary State of: Countyof CITY OF SEBASTIAN, FLORIDA Ed Dodd, Mayor Date: LESSEE By: Susan Andrews Crab B Bill's, Inc. 'Corporate Seal The foregoing instrument was acknowledged before me in _ or via electronic means _� on this IL day of rr LM , 2024, by Susan Andrews o B 13M Ino.. who is personally known to me, or has produced er do ma's license, or his/her t'/c; n'. 7-0 as identification, and dill or did not�c take an oath. Notary Seal: HiCHOLAB J. EVAN6 EVkW• • Coaurisabn ti HH 3911642 �4"or no'A� JWKWy 1E3, 2Q2I Approved as to fo �j ' d legality This � y of �(,, 2024. C Att6m,eY Fq Notary Public, State of Florida 124 of 188 s � tr SE HOME OF LEASE BETWEEN THE CITY OF SEBASTIAN AND CRAB E BILL'S, INC. tAA Rch Z or A LEASE made this JI day of Nevemlae-, 2444, between. the CITY OF SEBASTIAN, FLORIDA; a municipal corporation, having its principal office at 1225 Main Street, Sebastian, Florida 32958 hereinafter referred to as the "LESSOR" and CRAB E BILUS, INC., formerly known as, INDIAN RIVER SEAFOOD, INC., a Florida corporation organized and existing under the laws of the State of Florida (Exhibit "A") whose address is 1540 Indian River Drive, Sebastian, Florida 32978-2038 hereinafter referred to as the "LESSEE." This document contains ten (10) pages. WITNESSETH: WHEREAS, the City of Sebastian is authorized to lease real property owned by the City to business organizations formed for the purpose of promoting community interest, community welfare, and business activity; and, WHEREAS, LESSEE is a Florida business organization formed for the purpose of conducting a lawful business and promoting community interest and welfare, which includes the revitalization of Sebastian's Working Waterfront that may benefit localcommercial fishermen; and, WHEREAS, LESSOR owns real Property, hereinafter described below-, and, WHEREAS, LESSOR has acquired the Property with partial funding from the Florida Communities Trust (FCT), and the Property is subject to certain limitations provided in .the FCT Declaration of Restrictive Covenants as recorded in OR Book 2431, Page 1268 in Indian River County, Florida; and, WHEREAS, as part and condition of the FCT funding, the LESSOR provided, and FCT approved, The Citv of Sebastian Workinq Waterfront Collaborative. Management Plan ("Management Plan") for the .Property, the terms 125 of 188 0 i"� of the Management Plan are hereby incorporated herein by reference and attached hereto as Exhibit "B". Activities on the Property must strictly adhere to the termp and Conditions contalnod In the Management: Plan; and,: WHEREAS, FCT shall approve and review all leases, subleases, easements or other similar documents that -affect the Property funded by FCT before the documents are eXec uted by tha pa-r#les. Execution of documents. without FCT's prior review and written approval may deem the documents null and veld; and, WHEREAS, FCT shall be notified at the Department of Environmental Protection, Florida Community Trust, 3W Commonwealth Boulevard, MS #1154 Tallahassee, FL 32399; and, WHEREAS, the Declaration's restrictions .on the FCT funded Property- are superior to any other restrictions placed upon the Property; and, WHEREAS, LESSOR Intends that the conservation and recreation values of the Property be preserved and enhanced In mcordanoe With the Management Plan, as it may be amended from -time to time after review and approval by FCT; and, . r"N WHEREAS,. LESSOR has found that the fecilttles to be leased to LESSEE are required for the proposed use and LESSEE agrees to maintain the same, and, WHEREAS,. LESSOR desires to lease such Property to LESSEE for the purpose described herein, NOW THEREFORE, in consideration of the foreoing and in further consideration of the mutual covenants contained herein the parties agree as foilows; 1. ALL 9THER AGREEMENTS. AND LEASES. Upon the final execution of this document, LESSOR and LESSEE agree that the lease executed between the LESSEE and Ffshermen's Landing Sebastian, Inc. (FLS), on June 7, 2011 is hereby terminated and shall have no further force and effect. LESSOR acknowledges and wit! apply remaining rent otetdits, if any, for the benefit of LESSEE under the {demorandu . of Understanding -dated June 15, 2011 (Exhibit "E' between the LESSEE and FLS. 2. LEASED PREMISES, LESSOR hereby leases unto LESSEE specific areas of the premises located at 1540 Indian Ivor Drive, $Obv San FL 32968. Those areas are the Fish Market, Eatery. Kitchen, Eatery, and Service Bar Area, only, -as depleted on Attachment 5 of Exhibit:"B"; attached hereto and incorporated herein. /01*N In addition, the Leased Premises include the Northam one-third (113) -of the F 126 of 188 parking lot located. on the west side of Indian River Drive, being a part of Lot 3, �` Block 2 :of Middleton's Subdivision of the City of. Sebastian as per Plat Book 2 Page 5o. Permitted parking spaces: are shown on Exhibit'V. 3. PURPOSF, The LESSEE shall use the Leased Premises for any lawful business ar3tibi#.y which is In furtherance of, and complements, the Stan Mayfield Working Waterfront: Grant Program. It is understood. that LESSEE'S core business. shall be: A. The operation of a commercial retail Fish Market, as depicted on Attachment 6 -of'the Management Plan. 13. A retail commercial limited food service °Eatery.° The Eatery will adhere to strict compliance with the Managetnent;Plan. C. LESSEE, at its sole cost and expense, .may .operate other lawful business activities, as. approved by written authorization of LESSOR & FCT. Any operation not specifically provided for herelh, shall be In strict accordance with.opera#%nal, managerial, and regulatory guidelines. D. Any ,ancillary business, or any other activity on the Leased Premises, not addressed in the Management Plan, must have prior written approval of 10*N LESSOR before said.activity shall take place. 4. TERM. LESSOR leases. to the LESSEE -the Leased Proralses for a term of TEN (10) years. Terms of•an option for a Ten (10) year lease extension may be negotiated between the parties.. LESSEE must notify LESSOR, .in w0rigi within six (6) months of .oxplratlon of this. lease N LESSEE Intends to exercise any option to extend. this lease. 5. RENT.. LESSEE shall pay a base rent of Three4housand ($3,000) dollars per month. LESSOR, recognizes the capital rent. credits received by LESSEE during the occupancy of the Leased Premises while under -the control of FLS. LESSOR .and LESSEE agree that such credits expire in November 2013 and that LESSEE'S rent stated herein, shall 'be paid in December 2013, and on the first (0) day of every month thereafter throughout the terra of this lease. 6. IMPR9VEIVIENTS. The Leased Premises are accepted by the LESSEE "as is." The fbilowing Improvements requirements are adopted: A. LESSEE, at its sole cost and expense may, after first obtaining the written approval of the LESSOR, and in strict accordance with the Management Plan, design, permit, and construct any improvements to the existing structure, or place a new structure on the Leased Premises. 3 127 of 188 B. At the end of the term of this Lem, LESSEE shall deliver the -Leased /90"\ Promises to LESSOR In good repair and, condition, reasonable wear QM tear excepted. Vft the exception of privately owned or leased equipment, all InsW.WM9, fixtures, atreMoons, additions and/or 'Improvements, on the Leased Premises, shall become the property of LESSOR and, on termination of the Lease., shall be surrendered with the Leased Premises in good condition. W 7. OPERATIONAL ADHERENCE. In addition to the dudes, And obligations, provided In this Lease Agreement. LESSEE shall comply with all requirements: of The City of 'Sebastian' Working Collaborative Mlinaaement Plan. Wrl: or "4 9 (Exhibit "81. The Management. . Includes the .Start Mayfield Wo We Vront Grant Contract and the declaration of Restrictive Covenan 190 FCneclaragon of Restrictive Covenants are superior to any other restrictions placed upon the Property, B. BUILDING. UTILITIES. MAINTENANCE AND REP -AIRS. A. LESSEE agrees that all pordons of the Leased Premises shall be kept In good repair and condition by LESSEE. LESSOR assumes responsibility for maintenance of the exterior structure. LESSEE shall maintain And make all necessary repairs and alterations to the Intedor Leased Premises to keep the Leased Premises In good condition. LR$SEFS sole right of recovery shall be against Its insurers for losses, or damage, to stock, furniture and fbdum.% equipment, Improvements, and bettennent LESSEE agrees. to make or contract for emergency repairs, and provide protective measures necessary to: protect the Leased Premises from dsMage: and to prevent injury to persons or loss of life. LOOK agrees to use. Its best efforts to Insure that the Property Is rnaintained In an attractive condition and in a good state of repair. LESSEE sball also keep the Leased Premises free of 'trash and debris. B. The Interior and exterior of the Leased Premises shall be kept. clean. It shall be. LESSEE'S responsibility to provide and L pay for Interior- pest control. C. LESSEE shall be entitled to reasonable use of existing electrical and water service without additional charge In those :perking areas dedicated to LESSEE'S use on the west side of Indian River Drive D. LESSEE shall be responsible for the cost ofin6tailation, connection, and usage of potable water, sewer, electdo, natural/propanefor other gas., telephone, cable.,grease,traps, solid waste, and IT services to the Leased Premises. 4 128 of 188 E. LESSOR recognizes the condition bf the historical facility at '1540 Indian River Drive. As such, :LESSOR- shall take reasonable precautions regarding maintenance, saf0ty, and preservation of the structure. F. Upon issuance:of a "Hurricane Warnlngr by the National Weather Service that encompasses the area of the Leased Premises, LESSEE shalt Immediately take proteWIVO rn0a.sUres Including, but not limited to, Installing burnicane shutters, secoringl0todrig exterior movable :items, and securing all areas. 11. INSUMANCE. INDOINIPICATMON AND DAMAGE BY CASUALTY. A. LESSOR shall procure and maintain, during the term, of -this Lem, public liability all risk Insurance adequate to protect -the LESSOR againd liability for any and: all damage claims that may arise doe to the activities on the Leased Premises remises in amounts that are determined by the LESSOR, In no fashion shall LESSOR be liable for any -dot mearlsipg.between LES$15-1i and 'its agents or assigns, resulting In damage to. the C.Ity-owned facilities assig due to negligence of LESSEE, less. normal: wear and tear. B. LESSOR shall procure and maintain, during the term of this Lease, fire and other casualty and property insurance, including wind damage /0"IN coverage in amounts: as reasonably determined by the LESSOR. C. In the event. LESSEE has paid employees, LESSEE. agrees. to procure and maintain, during the term of this Lease, W applit*O.le 'orkers' Compensation insurance for all Its employees employed In connection � . . Mon ins n with the business: operated under this *Lease. Such insurance shall fully comply with the WorkeW Compensation Law, Chapter .440, Florida Statutes. The Workers' Compensation Insurance policy required by this Lease shall also Include Employer Liability. LESSEE shall provide proof of Workers! Compensation Insurance as r"utred by law, ifapplicable. 0. LESSOR shall not be liable for any loss, Injury, death, or damage to persons, or property, which at any time may be suffered by LESSEE or by any. person whom soever may, at any time be using, occupying, or visiting the Leased Promisee as guests, businest .1 Invitoes, agents or assigns within the area under control of'LESSEE. LESSEE hereby waives all claims and a0rees to. hold forever harmless LESSOR from. any and all claims, lavisults, Judgments, or -similar -causes of action,. for arty/all injuries and/or claims to persons or property arising out of the activities conducted by LESSEE on the Leased,Prenllsos and those claims arising out of Injury on the Common areas of the Leased Premises. LESSEE shall Indemnify LESSOR against anylall claims, liabilities, loss or damage as a result of LESSEE activities on the Leased Premises. 6 129 of 188 eaft\ E. LESSEE agree to defend LESSOR against anylall claims, at LESSEE'S sole cost and expense. 12. Tom, LESSEE will be required- to pay ail taxes, other levies or assessments lawfully levied against the subject Leased. Premises during the team of the Lease, If any. 13. LESSW`S RES S1BiLITIES: LESSEE, its ggent$, employees, assigns, guests and invitees, when on the Leased Premises, agree to follow and abide by all local, state and federal .laws, ordinances and mutations and to follow and abide by the rules :and regulations of the City -of Sebastian, Community Redevelopment Agency, and the State of Florida as may be emended from tirne to time. 14.:INSPEC`fIOt11 BY LESSOR. The LESSOR and its agents, upon reasonable notice, may matte periodic inspections of the Leased Premises to determine whether LESSEE. Is operating In c:ompHance with the terns and conditions of this Lease. The LESSEE shall be required to make any and' all changes required by the LESSOR, which ore necessary to ensure compliance With: time terms and conditions of this -Lease and/or any applicable laws) or regulation( ). 15. PROWISITip,N ON ASSIGNMENT AND ICy�IAQ CES. LESSEE shall not assign this j ase and. excerpt as spc�aliy authoriZO herein, shall not sublet the. Leased Premises to any other party without the prior express written approval of LESSOR. This. covenant -shall be binding on the successors in Interest of LESSEE, if any. LESSEE shall not mortgage,, pledge, or encumber this Lease, in wholer.or in part, or the leasehold estate granted under this Lease. Any attempted mortgage, pledge, or encumbrance of this :Lease, or the leasehold estate granted under this Lease, shall be vold and may, at the sole option of the LESSOR, be deemed an event of default under this [:ease. This covenant shalt be binding on the successors in Interest of LESSEE, if any. LESSEE shall not pledge the LESSOR'S :credit .or make it a guarantor for payment or surety, for any contract debt, obligator}, judgmeint, lien or any form of Indebtedness. LESSEE warrants and represents that it has no obligation or indebtedness; which would Impair its ability to fulfill the terms of this Lease. 16. MISCELLANEOUS CONDITIONS, A. LESSEE agrees that its employees, agents, assi ns, vendors, and subtenants engaged in activities on the Leased Premises shall be, at all times, subject to the LESSEE'S sole direction, supervision, and tcontrol �.,.� and shall not be considered employees, agents, assigns, or invitees of the LESSOR. 6 130 of 188 e"IN B. LESSEE agrees that -it shall at all "times prohibit unauthorized vehicles at the Leased Premises, LESSEE agrees that no parking will occur Ill landscaped areas or parking that t may block _any right-of-way, aidewAlk, or street. LESSEE shall. prohibit commerclattruck 'parking on the property for any duration other 'than` what Is reasonable -for loading or unloading purposes. The parties recognize; that the on.golng, redevelopment efforts Within the Sebastian ORA may result in changes in parking a11 as. VW is the he configuration of vehicle parking .one or .adjacent to, th& subject property: LESSEE agrees to cooperate and coordinate with LESSOR In connection with parking projects and/or reconfiguration. C. LESSEE agrees to prohibit- unauthorized persons on the- Leased Promises and to prohibit trespassing[ on the Leased Premises, by use of appropriate signage. LESSOR agrees to provide public i$Ignage at Its expense. D. LESSEE for itself, and it$ permitted suemssors In interest as a - part of the consideration for this Lease, does hereby. covenant and agree that: (1) No person shall be subject to discrimination in connection with LESSEE'S use of the Leased Promises on the basis Of age, sex, physical- handicap or other disability, race, color, national origin, /OON religion or ancestry; and, (2) LESSEE against any employes prapplicant for employment in connection WM the Leased Promises iiid the leasehqld estate .granted Hereunder w s with respect to hiring, tenure, terms, conditions, or privileges of employment or any matter directly or indireWy related to employment on the basis of age, .00. X. physical handicap or other disability, race color, religion, national origin or ancestry...and, (3) LESSEE -agrees that. its facilities and programs shall, at all times, comply with the Americans with :Disabilities Act (ADA). E. LESSEE shall assist the LESSOR In providing reasonable information and documentation, in a tf'nriely manner, as it relates, to providing the Florida Communities Trust (FCT) with an annual report. 17. TERBONATION. A. The LESSOR may have the right to terminate this Lease upon the occurrence of any of the following, hereinafter referred to as "Event of Default" elft\ (1) Institution of proceedings in voluntary bankruptcy by the LESSEE. i 131 of 188 (2) Institution of proceedings in Involuntary- bankruptcy against the LESSEE if such proceedings continue for a period of ninety (90) days and are not dismissed. (3) Assignment of this Lease for the benefit of creditors. (4) Abandonment by LESSEE .of the Leased Promises or discontinue of operation .of the Lowed Premises to the pomitted uses for more than sbdy (60) calendar days. (5) Default, non-performance or otherrioncorripliance with any, covenant., requirement or other provision of any nature whatsoever under this Lease, (6) Failure to pay rent for fifteen (15) calendar days after A -is due. B. Upon the occurrence of an Event of Default the LESSOR -shall send- a written notice to LESSEE., setting forth the Event of Defiault Inspecific detail and the date this Lease shall terminate 'in the event LESSEE does not cure the default to the reasonable satisfaction of -theLE$SOR. In no case shall the lame tenrdnato loss than thirty (30): calendar days from LESSEE'S receipt of any Default Notice. . [ C. In the event LESSEE ftis to cure the Event of Default wift" the time established by LESSOR this Lease shall be~ deemed to be terminated with no further: action by the LESSOR. In no event,, how -ever, shall such termination relieve LESSEE. of its obligation 'to pay any and all remaining rent due and owing -to the LESSOR for the. .period upto and Including the date of termination, or to provide any and all 'remaining reports to the LESSOR- forsuoh period. D. LESSEE shall have the right upon providing thirty (30) days Oder Written notice to the LESSOR In the manner set IbO In this Lease, to terminate this Lease• at any time for any reason. 18. 1 GRATION. The dtafling., execution and delivery of this Lease by the partiesas been induced by no reprosentaflons, statements, warranties or agreements other than those expressed in it. This Lease contains the entire agreement between the parties andthem are.no further or other agreements or understandings written or oral In effoO-botween the parties relating I to Its subject matter. This Lease cannot be changed or mcdffled except by written Instrument executed by all :parties' hereto. This, Loose th and . the terms. and conditions hereto ,apply to and are binding upon the legal representatives, sumessomand assigns of both parties. 8 132 of 188 to, N t 9. SEVEPAWLITY. If any term of this Lease or the application thereof to any person or circumstances shall be determined by a court of competent jurisdiction to be Invalid or unenforceable, the remainder of this Lease, or the application of such term to persons or circumstances otber than those as to which it is Invalid or unenforceable, shall npt be affected thereby, and each term of this. Lease shall be valid and enforceable to the fullest extent permitted by law; 20. NOTIGAS. All notices required under this Lease shall be sent by certified mails as follows:. LESSOR: City of Sebastian 1225 Main Street Sebastiab, Florida 32958- m ATTN: City 'Manager A Copy shall: be provided to the Sebastian City.Attorney's Office. LESSEE: Crab :E Bili's, Inc. 1540 Indian River [give Sebastian, FL 32978-3851 21. GOyERNING L4 WNENUE. This Lease shall be governed and construed In accordance with Florida Law. In the event: that litigation arises involving the parties to this Agreement, venue for, such litigation shell' be in Indian River County, Florida. IN {WITNESS WHEREOF, the Parfies have executed this Lease on the date set forth above. ATTEST: LESSOR City of Sebastian, Florida. Sally Maio, C Bob McParilan City Cie* Mayor APPROVED AS TO FORM AND CORRECTNESS �I Ro. 6rt A. Ginsburg City Attomey 9 133 of 188 Witness By.: Print Name REVIEWED AND APPROVED FOR FLORIDA PQMM14NJTIES TRUST EM Rick Mercer Director - Offlce of Operations Florida Communities Trust APIs. APPI OVED AS TO 0 OR R LESSEE CRAB f5 BILLS, Inc. Susan Andrews DPST 10 134 of 188 f , This lease between Crab E Will and City of Sebastian was originally approved on November 13; 2013 by City Council contingent upon approval by Florida Communities Trust: Lease was sent to FCT by Interim .City Manager and Caiumed to him in early 2014 approved by FCT Legal Counsel but not executed by FCT Director. Lease was brought back to Council for final approval on' March 12, 2014 approved again. Interim City Manager .sent lease back to FCT for execution by FCT Director. Lease was returned by FCT to ICM and date changed to 3/19/14 on first page. 135 of 188 Inventory -Phase 1: Fisherman's Landing - Stan Mayfield Working Waterfront City of Sebastian, Florida Historic Components: Outside t' Fish Cart with "salt fish" barrel & railroad track [Display created & assembled by Charles Sembler) v Eatery Signs - South side front double doors; single deck door Gallery Windows ✓Tribute to White Boots ✓ ollection of wooden "smashers" History of Hurricane Harbor ✓Series of photos of Archie Smith's Fish House Map Alcove Vflap of Sebastian Waterfront and Downtown Area — "You Are Here" [Graphic design courtesy of the Sebastian River Area Chamber of Commerce) ✓Geodetic Map Description —1887 CG 162 Cape Canaveral )/Geodetic Map Description —1887 CG 162 SW Jupiter Inlet Quadrangle Map —US Dept. of Commerce 1948 Sebastian ✓General Highway Map — Florida Road Department — Indian River county 1960 L/Posters: Salt Watei Species, Water Birds, Butterflies Gallery Wall ,.Aramed photographs of Sebastian Fish Families ✓Historic Banner beneath framed photographs Stage Area ✓Podium (Designed & built by Charles Sembler] vTV/Audio/Visual Cabinet I/Equiprnent Cabinet with electronics ✓,sebostion Sunrise — Photograph by Billy Ocker 2014 (Mural printed by Ironside Press, Vero Beach) ✓Coolidge Judah —1987 — Photograph & Copyright by Chick Allen ✓Framed historical photographs Restaurant Area Monitors (3) Exhibit Center ✓Garden Benches (3) Fisherman and Son Display ✓ Shallawbox Table with Artifacts / (Table designed & built by Charles Sembler] V/ Lantern Buoy Display with Table V,/Tales of Sebastian and More Tales — Wall Flip Panels 136 of 188 /Wes of twelve (32) panels of (Natural aril Cultural History of Sebastian Area / (Prtnte4.by lronalde Press, Vero Beach) ✓ Display ftenm Pig fish Trap, hard "bath', and oar with curtain of net DeckArea �Ww Swwp on rAq (Inside and outside) r�Web Cam (2) 31I S RStanbrldge Note: Local businesses were used whenever possible. itnrolces on file with the dry of Sebastian listing these busUhess�, their prodvcti and servloes. hUtorkal Inknntfoni Was provided and emff Wed by the Indian River County Historical Society and the Sebastian Area Historical Society. 0 i 0 137 of 188 Inventory-Phase-1: Fisherman's Landing - Stan Mayfield Working Waterfront City of Sebastian, Florida Historic Components: Outside Fish Cart with °salt fish" barrel & railroad track (Display created & assembled by Charles Sembler) V Eatery Signs - South side front double doors; single deck door Gallery yWindows ribute to White Boots i!/Collection of wooden 'smashers" V History of Hurricane Harbor V Series of photos of Archie Smith's Fish House J Map Alcove (}� 6V� C i �� r�� �.5 Z1 rt �'. �� r 5 — 00 n C C TV tivlap of Sebastian Waterfront and Downtown'Area --"You Are Here" (Graphic design courtesy of the Sebastian River Area Chamber of Commerce) - Veodetic Map Description -1887 CG 162 Cape Canaveral (/Geodetic Map Description -1887 CG 162 SW Jupiter Inlet }f Quadrangle Map.=Us Dept. of Commerce 1948 Sebastian General Highway Map - Florida foad Department - Indian River county 1960 tr Posters: Salt Water Species, Water Birds, Butterflies Gallery Wall ,framed photographs of Sebastian Fish Families /Historic Banner beneath framed photographs Stage Area Podium (Designed & built by Charles Sembler) V''lll/AudioNisual Cabinet vIEquipment Cabinet with electronics LI,Sebastfan Suhrfse - Photograph by Billy Ocker 2014 [Mural printed by Ironside Press, Vero Beach] t/Coolidge Judah -1987 - Photograph & Copyright by Chick Allen Framed historical photographs Restaurant Area V/Monitors (3) Exhibit Center i L% Garden Benches (3) �, sl L) f' t% Fisherman and Son Display Shallowbox Table with Artifacts (Table designed & built by Charles Semblerl j lantern Buoy Display with Table ,/Tales of Sebastian and More Tales - Wall Flip Panels fL-,r ICI - 1tt (4-S co a7 1�} e Tt uLAJAc'N' 138 of 188 1 ' 1 /SWWdtAvlW(12)p8.n&G1NdWWWd CUDWW W" of Sebastio AM A�•.. 1Mrw � $nd cai 1RW f �iii dad A vM" (prtEdB and Out) p/webcamt ft &AN Mwogu" i{�tOT�1 Sodetii � � Seba� Ara Nls�orir� Sorleij►• 139 of 188 IEBASTIAN11 1911-1111 CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: January 24, 2024 Agenda Item Title: Approve the "Piggyback" emergency purchase of one (1) Ford F150 4x4 Marked Patrol Vehicle in the amount of $52,327.00 from Bartow Ford. Recommendation: Staff recommends that City Council approve the emergency purchase of one (1) — 2023 F150 4x4 Marked Patrol Vehicle from Bartow Ford Company under the Charlotte County Purchasing Division contract # 2021000541, in the amount of $52,327.00. Backeround: This requested purchase represents the emergency replacement of 1 police vehicle that was involved in a crash and subsequently deemed totaled by our insurance company. The City will receive $14,768.00 in settlement funds from the insurance company. The majority of the equipment will be transferred from the crashed vehicle to this new one. All other required equipment included in quote: lights and exterior graphics. This proposed purchase complies with the "Piggyback" provisions as provided within Section 2-10 of the City Code, in that the City will utilize the Charlotte County contract with Bartow Ford that was competitively selected using procedures equivalent to those of the City of Sebastian. If Agenda Item Reouires Expenditure of Funds: Budgeted Amount: $0 (Insurance settlement $14,768.00) Total Cost: $52,327.09 Funds to Be Utilized for Appropriation: General Fund Renewal and Replacement Account Attachments: 1. Piggyback Approval Letter 2. Administrative Contract Renewal Approval Form 3. Vendor Quote Providing Discounts Administrative Services Department Review:' l ca. City Attorney Revi Procurement Division eview, if applicable: City Manager Authorization: Date: /h 7/"Iy 140 of 188 January 16, 2024 City of Sebastian 1225 Main Street Sebastian, FI 32958 Attn: Daniel Acosta, Chief of Police Dear Mr. Acosta: Per your request, please accept this letter as authorization from Charlotte County for the City of Sebastian to "piggyback" Bid #21-541, Vehicles — Annual Contract. It is understood that the City of Sebastian will esta!:)lish its own contract with the successful bidder(s), place its own orders, be invoiced therefrom and make its own payments to the successful bidder in accordance with the terms of the contract established between the City of Sebastian and the successful bidder. It is also hereby mutually understood and agreed that Charlotte County is not a legally bound party to any contractual agreement made between a successful bidder and any local entity other than Charlotte County Board of County Commissioners. If you have any questions, please feel free to contact the Charlotte County Purchasing Division at 941-743-1374. Sincerely, Kimberly A. Corbett, C.P.M., CPPB Senior Division Manager — Purchasing /at PURCHASING 18500 Murdock Circle, Suite 344 1 Port Charlotte, FL 33948 Phone: 941.743.1374 1 Fax: 941.743.1384 141 of 188 Contract #: Awarded By: Original Term: From: Renewal Term: From: Charlotte County Purchasing Administrative Contract Renewal Approval Form Vehicles - Annual Contract 2021000541 Award 9/14/2021 Date: Board of County Commissioners 10/1/2021 To: 9/30/2022 10/1/2023 Description & Background of Contract To: 9/30/2024 This is an annual contract with Bartow Ford that allows for the purchase of Ford vehicles on an as needed basis using a percentage discount of 4.27% off of the Ford Factory Invoice, and a percentage mark-up of 0% on dealer installed options. On September 14, 2021, when the Charlotte County Board of County Commissioners formally approved the award of this contract, the Board also authorized the County Administrator to approve renewal options for up to two additional one-year terms, at the same prices, terms, and conditions. In accordance with the contract documents, this contract can be renewed for one additional year under the same prices, terms, and conditions as the original contract. The term will be from October 1, 2023 through and including September 30, 2024. Contract Specialist: True, Alisa Phone: 941-743-1549 Email: Alisa.True@charlottecountyfl.gov Fax: 941-743-1384 By acceptance of this contract renewal as indicated above and by all parties' signatures, the parties agree to extend the term of the contract with all other terms and conditions of the Contract to remain the same. Richard Weissinger Requested By: Bartow Ford thefordtruckguy@gmail.com Fiscal Reviewed By: Department Approved By: Purchasing Approved By: Administration Approved By: (when applicable) See Attached Signature: Daniels, Harold, Senior Financial Analyst-08/01/2023 Gutierrez, Lorrie, Fleet Operations Manager - 8/17/2023 Corbett, Kimberly, Senior Division Mgr -Purchasing - 8/17/2023 Flores, Hector, County Administrator - 8/17/2023 142 of 188 Charlotte County Purchasing Contractor/Vendor Performance Evaluation Contract #: 2021000541 Department: Fleet Management Contractor/Vendor: Bartow Ford Title: Vehicles - Annual Contract This form shall become public record, therefore, all items should be completed thoroughly and explained based on fact. 1. Did the Contractor/Vendor perform and/or deliver on time? No 2. Was quality of product/service rendered in conformance with specs? Yes 3. Did the Contractor/Vendor provide timely warranty service and/or repairs? N/A 4. Did the Contractor/Vendor display cooperation in working out problems? Yes 5. Would you recommend that Charlotte County continue to do business with Yes the firm? Additional Comments (optional): Suuply chain issues and communication lacks. By completing this form, I hereby attest that this form has been completed fully and accurately to the best of my knowledge. Completed by: Gutierrez, Lorrie, Fleet Operations Manager-08/17/2023 143 of 188 Contract # Awarded By: Original Term: From: Charlotte County Purchasing Administrative Contract Renewal Approval Form Vehicles - Annual Contract 2021000541 Award 9/14/2021 Date: Board of County Commissioners 10/1/2021 To: 9/30/2022 Renewal Term: 10/1/2023 To: 9/30/2024 From: Description & Background of Contract This is an annual contract with Bartow Ford that allows for the purchase of Ford vehicles on an as needed basis using a percentage discount of 4.27% off of the Ford Factory Invoice, and a percentage mark-up of 0% on dealer installed options. On September 14, 2021, when the Charlotte County Board of County Commissioners formally approved the award of this contract, the Board also authorized the County Administrator to approve renewal options for up to two additional one-year terms, at the same prices, terms, and conditions. In accordance with the contract documents, this contract can be renewed for one additional year under the same prices, terms, and conditions as the original contract. The term will be from October 1, 2023 through and including September 30, 2024. Contract Specialist: True, Alisa Phone: 941-743-1549 Email: Alisa.True@charlottecountyfl.gov Fax: 941-743-1384 By acceptance of this contract renewal as indicated above and by all parties' signatures, the parties agree to extend the term of the contract with all other terms and conditions of the Contract to remain the same. Richard Weissinger lie Requested By: Bartow Ford Signature: thefordtruckguy@gmail.com Fiscal Reviewed By: Department Approved By: Purchasing Approved By: Administration Approved By: (when applicable) 144 of 188 aw101rFURu January 16, 2024 I%. r, .,.. 1 41 R1 CT•1l0N S I l City of Sebastian Rachel Cannon _'1? 1023 F-150 Police Responder 4x4 5.5' box 145" WB XL 998 3,5L V6 EcoBoost Enjine 44G 10 Speed Automatic Transmission 150? Equipment Grou(� Packac:e i/C Cnrome Front & Rear Bumncrs SSA Trailer Tow Packaae 595 Fog Lamps 67P I Remote keyless-Enti�� I I i I I I I IFartory InvoirP (Government Price Concession Discount 14.27% Contract Discount Whelen Inneredge Lightbar Red/Blue with (2) LED Take Down, Whelen 295SLSA6 Siren Controller, Whelen 100 Watt Speaker with Bracket, (1) Whelen Thin ION (1) Red (1) Blue Mounted Forward in Grill Area, (2) Whelen Striplite+ Red/Blue Mounted in Rear Bed Area, Havis C-2410 Console (Includes All Faceplates), CUP2-1001 Self -Adjusting Double Cup Holder,C-USB-3 USB Charge Module, Havis C-ARM-101 Side Mount Arm Rest, (2) Magnet Mic Clips (SHIPPED LOOSE), Bartow Ford Custom Installation, 100 AMP Breaker, Fuse Block, All Shop Supplies & Shipping, 6" Running Boards, Spray in Bedliner, Deep Window Tint, Sebastian POLICE Full Color Graphics 50, 375.00 $3,00100 .2,022.91 $6,975.00 L$0.(10 Pricing in accordance with the Charlotte County contract # 2021000541 If you have any questions or need any additional information please feel free contact me anytime. Sincerely Yours, Richard Weissinger Commercial Fleet Sales Direct Line (813) 477-0052 Fax (863) 533-8485 2800 US Hwy North Bartow, Florida 33830 145 of 188 -lion SEBASTIAN 4IM11MM1a1 t111GOA110M Ws•iwl— CITY COUNCIL AGENDA TRANSMITTAL Council MeetinE Date: January 24, 2024 AL,enda Item Title: Approve the Design of the Sebastian Lagoon Walk Kiosks to be placed along Indian River Drive in the CRA district. Recommendation: The Community Development Department recommends that City Council approve the proposed design of wayfinding kiosks to be placed along the Sebastian Lagoon Walk. Background: In July of 2020 City Council approved a Signage Master Plan over a three year period to replace or install signs throughout the City including those at parks, entranceways to the City and wayfinding signs in public spaces. This project creates a consistent theme throughout our parks and public spaces. The uniformed signage can be seen all through the City at the different municipal buildings and parks. The final leg of this program is to install three wayfinding kiosks along the Sebastian Lagoon Walk on Indian River Drive. The first of these kiosks is planned to be installed just north of Jackson Street on Indian River Drive, the second at the Main Street Boat Ramp and the third at Riverview Park. There is approximately 0.75 mules between the signs, which will allow for the community and visitors alike to know how long of a walk it is prior to getting to their intended destination. In addition, there is a space allotted on the kiosks for news and upcoming events. If Agenda Item Requires Expenditure of Funds: Budgeted Amount: $15,000.00 Total Cost: $14,3 l 0.00 Funds to Be Utilized for Appropriation: Community Redevelopment (CRA Project) Attachments: 1. Kiosk Prototype Details Administrative Services Department Review: /1 City Attorney Review OtL4 _ Procurement DivisiotT'itEview, if applicable: City Manager Authorization: Date: 0 71 aoal 146 of 188 ti v' SEBASTIAN 4101111111�1 t1118f4110■ `44:wf- CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: January 24, 2024 Agenda Item Title: Approve Grant Administration Services from CoastalWide LLC for the Working Waterfront Expansion, Phase 1. Recommendation: The Community Development Department recommends that City Council approve a Work Authorization (0) under the CoastalWide LLC Consultant Service Agreement (CSA) FY 2023/2024 for Grant Administration Services. Background: Existing facilities at the Fisherman's Landing Working Waterfront Park are smaller in size than adjacent private marinas along the Sebastian waterfront and has taken steps with the FDEP to expand the existing Submerged Land lease. The City of Sebastian has received notification of a grant award from Florida Inland Navigational District (FIND) in the amount of $120,000 for the Working Waterfront Expansion, Phase 1. The FIND grant will provide the opportunity to expand the docks and slips necessary to accommodate the ever expanding need for more slip space for the commercial fisherman and our existing clam and oyster aquaculture farms. The City currently has an existing Consultant Service Agreement CSA-03 (RFQ #23-06) with Coastalwide LLC which will provide permit, design and engineering services for the Working Waterfront Expansion to create additional dock and berthing for commercial fishing vessels and assorted upland improvements. Staff is seeking approval to execute a Work Authorization (#3) under this Agreement for this project. If Agenda Item Reuuires Expenditure of Funds: Budgeted Amount: $120,000.00 Total Cost: $120,000.00 Funds to Be Utilized for Appropriation: $60,000 FIND Grant $60,000 Community Redevelopment Fund (CRA) Attachments: 1. CSA #3 — CoastalWide LLC 2. FIND Project Agreement (executed) i Administrative Services Department Review:' City Attorney Review;/ O,ttif Procurement Divisio&R.Oiew, if app City Manager Authorization: Date: ti 7 24 dy III I v 150 of 188 CITY OF SEBASTIAN, FLORIDA WORK AUTHORIZATION FORM CONSULTANT SERVICE AGREEMENT (CSA) CoastalWide LLC 1443 20"' Street Vero Beach, Florida 32960 Work Authorization No: CSA — 03 (RFQ #23-06) Project Title: Working Waterfront Expansion IT IS AGREED to undertake the following work in accordance with the provisions of the CoastalWide LLC, Master Agreement entitled "Non -Exclusive Agreement for RFQ 23-06, Continuing Planning and Landscape Architect Consulting Services Dated July 13, 2023. Description of Assignment: CoastalWide LLC and their authorized subconsultant, Coastal Waterways Design & Engineering LLC, shall provide permit, design, and engineering services for the Working Waterfront Expansion to create additional dock and berthing for commercial fishing vessels and assorted upland improvements as further described below. The City shall supply the Vendor with the existing electronic (CAD) survey drawing of the dock facility. The work/project will include: Task 1: Pre -Design City and Stakeholder Meeting — The Vendor shall conduct a "Pre -Design City and Stakeholder Meeting" to prepare the concept design, review alternatives and lesson learned from the existing Initial Phase of the Working Waterfront project, review customer needs, major design features, plumbing and electrical systems, and parametric construction cost estimate. Also, the meeting is to discuss the project budget, funding requirements, and environmental permitting associated with the site. This Vendor shall prepare meeting minutes that present the scope of the project and the selected alternative that meets the City and stakeholder requirements for the proposed (over -water) dock and marina improvement layout and the (upland) parking improvements, and the selected alternatives and options for moving forward with the project. Task 2: Conceptual Design / Alternative Dock and Submerged Lands Layouts — Based upon the results of the Task 1 Pre -Design City and Stakeholder Meeting, described above the conceptual design shall be prepared by the Vendor to include over -water (dock and marina) and upland (parking and stormwater) design concepts. The Vendor shall present the design concept alternatives for final selection by City staff. Each phase of design will include an update Engineers Estimate of Probable Construction Costs presented in a Bid Form format. Task 3a: DEP Permit Pre -Application Meeting — The Vendor shall conduct a pre -application meeting with the Department of Environmental Protection (DEP) staff to discuss the conceptual plan for installation of a proposed dock/marina extension improvements and identify any preliminary comments expected from state commenting agencies, including Florida Fish and Wildlife Conservation Commission FFWCC. The Vendor shall present conceptual design drawings of over -water improvements prepared under a separate task as described above, to use during the discussions of the project with FDEP staff. The Vendor shall prepare minutes of the pre - application conference. All Vendor expenses to prepare and conduct this meeting including for travel and associated accommodation shall be included in the fee for this task. Task 3b: USACE Individual Permit Pre -Application Meeting — The Vendor shall conduct a pre -application meeting with the United States Army Corps of Engineers (USACE) staff to discuss the conceptual plan for installation of a proposed dock/marina extension improvements. The Vendor shall verify the requisite permit process and delineate the federal commenting agencies (USFWS, NMFS, etc.) that will be consulted by the USACE staff for this proposed project. The Vendor shall present conceptual design drawings of over -water improvements prepared under a separate task as described above, to use during the discussions of the project with USACE staff. The Vendor shall prepare minutes of the pre - application conference. All Vendor expenses to prepare and conduct this meeting including for travel and associated accommodation shall be included in the fee for this task. Task 3c: SJRWMD Stormwater Permit Pre -Application Meeting — The Vendor shall conduct a pre -application meeting with the St. Johns Water Management District (SJRWMD) staff to discuss the conceptual plan for parking and stormwater improvements and identify the extent of required stormwater calculations required for the type/size of the proposed improvements. The Vendor shall present conceptual design drawings of upland improvements prepared under a separate task as described above, to use during the discussions of the project with SJRWMD staff. The Vendor shall prepare minutes of the pre - application conference. All Vendor expenses to prepare and conduct this meeting including for travel shall be included in the fee for this task. 151 of 188 CITY OF SEBASTIAN, FLORIDA WORK AUTHORIZATION FORM CONSULTANT SERVICE AGREEMENT (CSA) Task 3d: DEPIDACS Submerged Land Lease Modification Pre -Application Meeting — The Vendor shall conduct a pre -application meeting with the Florida Department of Environmental Protection (DEP) / Florida Department of Agriculture & Consumer Services (DACS) Submerged Land Lease staff to discuss the conceptual plan for expansion of the existing Sovereign Submerged Land Lease (SSLL). The Vendor shall verify the requisite permit process and delineate the procedures and necessity for potential scheduling of the Board of Trustees (BOT) / Governor and Cabinet approval. The Vendor shall present a draft land lease limit survey (by Vendors survey subconsultant) that depicts the new expansion of the submerged land lease area, to use during the discussions of the project with DEP/DACS SSLL staff. The Vendor shall prepare minutes of the pre -application conference. All Vendor expenses to prepare and conduct this meeting including for travel and associated accommodation shall be included in the fee for this task. Task 3e: City of Sebastian Development Permit Pre -Application Meeting — The Vendor shall conduct a pre -application meeting with the City of Sebastian Community Development Staff to discuss the conceptual plan for installation of proposed (upland) parking and stormwater improvements and proposed (over -water) dock/marina extension improvements and identify any preliminary comments expected from City Community Development staff and other applicable City department staff. The Vendor shall present conceptual design drawings of both upland and over -water improvements prepared under a separate task as described above, to use during the discussions of the project with City staff. The Vendor shall prepare minutes of the pre -application conference with City staff. All Vendor expenses to prepare and conduct this meeting including for travel shall be included in the fee for this task. Task 4: Preliminary Design Services — The Vendor shall design the proposed dock and provide signed and sealed engineered drawings suitable for the Contractor to obtain building permits as required by the City of Sebastian. Preliminary design drawings and engineering calculations will be completed in a 24" x 36" format. The design for over -water construction shall be in accordance with USAGE standards for docking facilities. The engineered design will include decking, stringers, pile caps, dock piles, and mooring piles. Each phase of design will include an update Engineers Estimate of Probable Construction Costs presented in a Bid Form format. Task 5a: DEP Permit Application — The Vendor shall prepare and submit a request to DEP for an Individual ERP (Environmental Resource Permit) to perform the work described below for a new dock, in accordance with Florida Administrative Code (F.A.C.) 62-330 and the Applicant's Handbook and in conjunction with US Army Corps of Engineers (USACE) permit application (See Task 5b, below). The Vendor shall provide the required data as requested by the DEP permit application to facilitate the issuance of the DEP permit, including resource data (Seagrass survey) to be provided by the City to address the construction within the Indian River -Malabar to Vero Beach Aquatic Preserve. The Vendor shall prepare Form 62-330.060(1) - Application for Individual and Conceptual Approval Environmental Resource Permit with accompanying required supporting documentation with exception of the following: 1. Aquatic Resource Survey for wetland and surface waters (A Submerged Aquatic Vegetation (SAV), or seagrass survey, has been obtained by the City; An UMAM may not have been prepared by the City and may not be needed). 2. A Facility Management Plan (FMP) (unless an FPM exists that the Vendor can update, otherwise Vendor can provide a new plan under separate authorization). 3. A bathymetric survey (Already prepared by City). 4. Water and sediment testing data, tidal conditions, tidal current measurements, and simulations of hydrodynamic conditions and water quality that may or may not be requested by the agency (Vendor can provide these services if required by the DEP under separate authorization).' 5. Mitigation bank permit (Vendor can provide these services if required by the DEP under separate authorization). *Regarding hydrographic data, it is expected that the Vendor shall select from the permit application options, the submittal of a "certification from a Florida -registered professional clearly stating that, due to the design, nature, andlor location of the proposed structures, works, or other activities, that the project does not have the potential to add pollutants to, or result in an adverse change to, the patterns of flow, circulation, erosion, deposition, or littoral transport of a waterbody, AND (has) not been previously informed by the reviewing agency that hydrographic information will be required. A copy of the Florida -registered professional's certification must be Included with this application." If the City provided SAV is in a scaled coordinate correct digital format (geospatial CAD or GIS file format), the vendor shall prepare a Surface Water Area spreadsheet to calculate surface water impacts. If the data is not in a scaled coordinate correct format, the Vendor shall assist the City in obtaining this data from the City's SAV consultant, or the Vendor can perform this work under a separate authorization. The City of Sebastian shall provide all application fees associated with the DEP Permit Application. 152 of 188 CITY OF SEBASTIAN, FLORIDA WORK AUTHORIZATION FORM CONSULTANT SERVICE AGREEMENT (CSA) Task 5b: USACE Individual Permit Application — The Vendor shall prepare an Individual Permit Application to submit to U.S. Army Corps of Engineers (USACE) in conjunction with Florida Department of Environmental Protection (DEP) permit application (See Task 5a, above). The Vendor shall prepare a Section 7 NMFS Checklist and Manatee Questionnaire; an aerial of the Project site; descriptions of sedimentation and turbidity control measures; and construction methodology for submittal with the application. The City of Sebastian shall provide all application fees associated with the USACE Permit Application. The consulting fees for the Vendor work associated with the USACE permit application (Task 5b) is due to the Vendor whether a joint DEP/USACE permit application or separate DEP and USCAE permit applications are to be submitted. Task 5c: SJRWMD Stormwater Permit Application — The Vendor shall conduct a pre -application meeting with the St. Johns River Water Management District (SJRWMD) staff regarding upland parking lot proposed improvements and associated stormwater design. The Vendor shall submit conceptual design drawings to create permit sketches for the non -water, upland proposed improvements; the sketches will incorporate the results of the pre -application meeting and proposed changes by the OWNER as well as be based upon the property topographic survey (provided by the OWNER). The Vendor shall prepare and submit a SJRWMD Application for a permit modification of the existing SJRWMD permit. The City of Sebastian shall provide all application fees associated with the SJRWMD Permit Application. Task 5d: DEP/DACS Submerged Land Lease Modification — The Vendor shall prepare the Florida Department of Environmental Protection (DEP) / Florida Department of Agriculture & Consumer Services (DACS) Submerged Land Lease Boundary application for a modification to the existing Sovereign Submerged Land Lease (SSLL) and provide the required SSLL boundary survey in accordance with DEP requirements SLER-0950, per Florida Administrative Code (F.A.C.) 62-330.060(1) Sec. F. The City of Sebastian shall provide all application fees associated with the DEP/DACS Submerged Land Lease Modification Application and any subsequent lease fees. Task 5e: City of Sebastian Development Permit — The Vendor shall submit a Code Compliance Certification Application to the City of Sebastian (COS) including design sketches signed and sealed for this application. The Vendor shall complete the necessary City of Sebastian Approval Application with required attachments and submit it to the City for permit approval in accordance with applicable municipal Code Sections. The Vendor shall complete the necessary municipal Approval Application Forms including providing the required number of plans, a project description, one (1) aerial of site with project overlaid showing surrounding 100 feet, one (1) Copy of the Owner's Deed, and Letter of Authorization from Property Owner, as necessary. The Vendor shall provide evidence of compliance with City of Sebastian applicable regulations and apply for necessary municipal regulatory permits. The Vendor is not responsible for construction related permits, including building permits. The City of Sebastian shall provide all application fees associated with the City related Development Permit Application and associated permits, if necessary. Task 6a: DEP Permit Processing — The Vendor shall process the DEP application by responding to a request for additional information from DEP if necessary. The Vendor shall contact DEP to address staff questions and concerns and to expedite their review and processing of the permit application. The Vendor shall confer with the OWNER as to (a) interpretation of DEP rules and regulations, and (b) responses to DEP requests for additional information. The Vendor shall provide written responses to DEP to address staff requests for additional information. The Vendor shall represent the project before DEP staff toward securing approval of permits for the project. The Vendor shall assist the DEP staff with coordination with state commenting agencies; this will include, but is not limited to telephone discussions, meetings and/or submittal of additional required information requested by the Florida Fish and Wildlife Conservation Commission (FFWCC). Task 6b: USACE Individual Permit Processing — The Vendor shall process the USACE application by responding to a request for additional information from USACE if necessary. The Vendor shall contact USACE staff to address staff questions and concerns and to expedite their review and processing of the permit application. The Vendor shall confer with the OWNER as to (a) interpretation of USACE rules and regulations, and (b) responses to USACE requests for additional information. The Vendor shall provide written responses to USACE to address staff requests for additional information. The Vendor shall represent the project before USACE staff toward securing approval of permits for the project. The Vendor shall assist the USACE staff with issuance of a Public Notice and coordination with federal commenting agencies; this will include, but is not limited to telephone discussions, meetings and/or submittal of additional required information requested by the U.S. Fish & Wildlife Service (USFWS), and National Marine Fisheries Service (NMFS). 153 of 188 CITY OF SEBASTIAN, FLORIDA WORK AUTHORIZATION FORM CONSULTANT SERVICE AGREEMENT (CSA) Task 6c: SJRWMD Stormwater Permit Processing — The Vendor shall process the SJRWMD application by responding to a request for additional information from SJRWMD if necessary. The Vendor shall contact SJRWMD staff to address staff questions and concerns and to expedite their review and processing of the permit application. The Vendor shall confer with the OWNER as to (a) interpretation of SJRWMD rules and regulations, and (b) responses to SJRWMD requests for additional information. The Vendor shall represent the project before SJRWMD staff toward securing approval of permits for the project. Task 6d: DEP/DACS Submerged Land Lease Modification Processing — The Vendor shall process the DEP/DACS Submerged Land Lease Modification application by responding to a request for additional information from DEP/DACS if necessary. The Vendor shall contact DEP/DACS SSLL staff to address staff questions and concerns and to expedite their review and processing of the SSLL modification application. The Vendor shall confer with the OWNER as to (a) interpretation of DEP/DACS SSLL modification rules and regulations, and (b) responses to DEP/DACS SSLL staff requests for additional information. The Vendor shall review the draft submerged land lease limit changes requested by DEP/DACS staff and make recommendations to City staff regarding these requested changes. The Vendor shall negotiate the final accepted submerged land lease limit and the Vendor shall present a final land lease limit survey (by Vendor's survey subconsultant) and submit this to DEP/DACS staff for final processing. The Vendor shall provide written responses to DEP/DACS SSLL staff to address staff requests for additional information. The Vendor shall represent the project before DEP/DACS SSLL staff toward securing approval of permits for the project. The Vendor shall also contact DEP Submerged Land Lease Bureau to expedite this review by the DEP. Task 6e: City of Sebastian Development Permit Processing — The Vendor shall process the City of Sebastian (COS) application by responding to a request for additional information from COS if necessary. Task 7: Final Design Services — The Vendor shall prepare final design drawings that will be prepared upon any special regulatory permit conditions accepted by the OWNER. The design drawings will include technical specifications. Each phase of design will include an update Engineers Estimate of Probable Construction Costs presented in a Bid Form format. 1. Vendor's Responsibility (include estimated hours, if applicable) Description Estimated Hours I Task 1: Pre -Design City and Stakeholder Meeting Lump Sum - not applicable Task 2: Conceptual Design Lump Sum - not applicable Task 3a: DEP Permit Pre -Application Meeting Lump Sum - not applicable I I Task 3b: USACE Individual Permit Pre -Application Meeting Lump Sum - not applicable I Task 3c: SJRWMD Stormwater Permit Pre -Application Meeting Lump Sum - not applicable Task 3d: DEP/DACS Submerged Land Lease Modification Pre -Application Meeting Lump Sum - not applicable Task 3e: City of Sebastian Development Permit Pre -Application Meeting Lump Sum - not applicable Task 4: Preliminary Design Services Lump Sum - not applicable Task 5a: DEP Permit Application Lump Sum - not applicable Task 5b: USACE Individual Permit Application Lump Sum - not applicable Task 5c: SJRWMD Stormwater Permit Application Lump Sum - not applicable Task 5d: DEP/DACS Submerged Land Lease Modification Lump Sum - not applicable Task 5e: City of Sebastian Development Permit Lump Sum - not applicable Task 6a: DEP Permit Processing 40 hours Task 6b: USACE Individual Permit Processing 40 hours I Task 6c: SJRWMD Stormwater Permit Processinq 28 hours Task 6d: DEP/DACS Submerged Land Lease Modification Processing 64 hours Task 6e: City of Sebastian Development Permit Processing 12 hours Task 7: Final Design Services Lump Sum - not applicable 154 of 188 CITY OF SEBASTIAN, FLORIDA WORK AUTHORIZATION FORM CONSULTANT SERVICE AGREEMENT (CSA) 2. Pricing Description Quantity Contracted Unit Price TOTALS Task 1: Pre-Desiqn City and Stakeholder Meeting 1 Lump Sum $1,500.00 Task 2: Conceptual Desiqn/Alternative Layouts 1 Lump Sum $18.620.00 Task 3a: DEP Permit Pre -Application Meetinq 1 Lump Sum $2,850.00 Task 3b: USACE Individual Permit Pre -Application Meeting 1 Lump Sum $2,950.00 Task 3c: SJRWMD Stormwater Permit Pre -Application 1 Lump Sum $2,770.00 Task 3d: DEP/DACS Submerged Land Pre -Application 1 Lump Sum $3.100.00 Task 3e: City of Sebastian Development Permit Pre-App. 1 Lump Sum $1,500.00 Task 4: Preliminary Design Services 1 Lump Sum $26,970.00 Task 5a: DEP Permit Application 1 Lump Sum $3,700.00 Task 5b: USACE Individual Permit Application 1 Lump Sum $3,700.00 Task 5c: SJRWMD Stormwater Permit Application 1 Lump Sum $2,990.00 Task 5d: DEP/DACS Submerged Land Lease Modification 1 Lump Sum $8,700.00 Task 5e: City of Sebastian Development Permit 1 Lump Sum $2,800.00 Task 6a: DEP Permit Processing 1 Hourly, Not -to -Exceed $5,850.00 Task 6b: USACE Individual Permit Processing 1 Hourly, Not -to -Exceed $6,050.00 Task 6c: SJRWMD Stormwater Permit Processing 1 Hourly, Not -to -Exceed $4,600.00 1 Task 6d: DEP/DACS Submerged Land Lease Processing 1 Hourly. Not -to -Exceed $8.150.00 Task 6e: City of Sebastian Development Permit Processing 1 Hourly, Not -to -Exceed $1,800.00 Task 7: Final Design Services 1 Lump Sum $11,400.00 3. Deliverables Provided to the City (surveys, plans, etc.) Description Quantity a. Meeting agendas and minutes Electronic format (pdf) b. Conceptual and Preliminary Design and permit sketches and drawings Electronic format (pdf) c. Permit Applications submitted to permit aqencies w/attachments (for City signature) Electronic format (pdf) d. Engineer's estimated approximate probable construction cost each phase Electronic format (pdf) e. Signed and Sealed Final Construction Design Drawing with Technical Specifications Electronic format ( do f. Final permits as issued by regulatory agencies Electronic format (pdf) Basic of Compensation/Period of Services: The above referenced description for CSA — 03 (RFQ #23-06) will be performed for a fee in the amount of $120,000.00. Period of Services: Refer to "Attachment A - Vendor Schedule." AGREED: VENDOR: Date: Denise M. Boehning / President CoastalWide LLC Attest: Jeanette Williams, MMC, City Clerk CITY OF SEBASTIAN: Date: Brian Benton City Manager Approved as to Form and Content for Reliance by the City of Sebastian only: Jennifer Cockcroft, City Attorney 155 of 188 0 LL Z F— N m LLJ CO LL O LLJ U LLI t) F— Z Q F— J N Z O U 00 Oc 0 Vendor: CoastalWide LLC Work Authorization No: CSA - 03 (RFQ #23-06) Project Title: Working Waterfront Expansion Project Schedule Jan-14 : e.r . , o,jr-24 Apr-24 May-24 Jun-14 Jul-24 Au -24 Se -24 Oct-24 %W-24 U�-c-14' Feb•25 Mar-25 Apr-25 Conce tual Design Task 1: Pre-De!jjn City and Stakeholder Mee�tinq Task 2: Conceptual Desi niAltemabve Layouts o a --application Meeting :3 Task 3a: DEP Permit Pre -Application Mee6nR N Task 3b: USACE Individual Permit Pre -Application Meeting Task 3c: SJRWMD Stomnveter Permit Pre lication _ _ o Task 3d: DEP/DACS Submerged Land Pre-A_pElication Task 3e: City of Sebastian Development Permit Pre-App. c Preliminary Design o Task 4: Preliminary Design Services Permit Application Q l.- _Task 5a: DEP Permit lication_ Task 5b: USACE Individual Permit Application Task 5c• SJRWMD Stormwater Permit ApElication 2 Task 5d: DEP/DACS Submerged Land Lease Modification____ Task Se: City of Sebastian Development Permit Application QPermit Processing Q Task 6a: DEP Permit Processing Tasndivid k 6b: USACE Iual Permit Processing - . _.._---- Task 6c: SJRWMD Stormwater Permit Processinq .... .... ... .......... __. _....._._..._..... - __._...._. ....... _. Task 6d: DEP/DACS Submerged Land Lease Task 6e: City of Sebastian Development Permit Processing Final Design Task 7: Final Design Services FLORIDA INLAND NAVIGATION DISTRICT PROJECT AGREEMENT PROJECT NO. IR-SE-23-75 This PROJECT AGREEMENT ("AGREEMENT") made and entered into this 64'k day of /1/,0VC-1 20_g:�J by and between the Florida Inland Navigation District (hereinafter the "DISTRICT"). and the C itv of Sebastian.. (hereinafter the "PROJECT SPONSOR"). In consideration of the mutual promises and covenants contained herein, the parties agree as follows: PROJECT - Subject to the provisions of this AGREEMENT and Rule 6613-2 of the Florida Administrative Code (a current copy of which is attached as Exhibit "B"), the DISTRICT has approved assistance funding to the PROJECT SPONSOR in furtherance of an approved project ("PROJECT") consisting of the Workine Waterfront Extension Phase I. Said PROJECT is more specifically described in the PROJECT SPONSOR'S Waterways Assistance Application, which is on file at the DISTRICT's headquarters. Anv modifications to the PROJECT'S scone ofwork shall require written advance notice and justification from the PROJECT SPONSOR and the nrior written annroval ofthe DISTRICT., 2. TERM - The PROJECT SPONSOR shall not commence work on the PROJECT prior to the execution ol'this AGREEMENT unless specifically authorized by the DISTRICT Board and shall complete the PROJECT and submit all required payment reimbursement information on or before September 30, 2025 ("PROJECT PERIOD"), unless the PROJECT PERIOD has been extended with the prior written approval of the DISTRICT. Any request for an extension of the PROJECT PERIOD shall require submittal by the PROJECT SPONSOR of a request for extension to the DISTRICT no later than 60 days prior to the original expiration date of the PROJECT PERIOD. This request will then be considered by the DISTRICT Board. whose decision shall be final. In no event other than a declared state ofemergency that affects the project completion shall the PROJECT be extended beyond September 30. 2026. The PROJECT SPONSOR acknoN+ledges this is the only provision to carry over the DISTRICT assistance funding under this AGREEMENT beyond September 30. 2025. and that any extension of funding beyond this date shall be at the sole discretion of the DISTRICT. 157 of 188 3. ASSISTANCE AMOUNT - The DISTRICT shall contribute ("ASSISTANCE AMOUNT") no more than fift percent 5! N) ("MATCHING PERCENTAGE") of the PROJECT SPONSOR'S eligible out-of-pocket costs for completion of this PROJECT ("PROJECT AMOUNT"). Payment of funds by the DISTRICT to the PROJECT SPONSOR (the "ASSISTANCE AMOUNT") will be on a reimbursement basis only, and only for those authorized out of pocket costs as shown in Exhibit A, Project Cost Estimate ("PROJECT COSTS") and meeting the requirements of Section 5 below and shall not, in any event, exceed $ 120.000.00 Anv modificatigns to the PROJECT's Cost Estimate (Exhibit A) shall require written advance notice and iustification from the PROJECT SPONSOR and the prior written aporoval of the DISTRICT. 4. MATCHING FUNDS - The PROJECT SPONSOR warrants and represents that it has the PROJECT SPONSOR Match Amount (the PROJECT AMOUNT less the ASSISTANCE AMOUNT) available for the completion of the PROJECT and shall, prior to the execution of this AGREEMENT, have provided the DISTRICT with suitable evidence of the availability of such funds using the DISTRICT's Form #95-01 (Exhibit C, Matching Funds Certification) and, upon request, providing the DISTRICT with access to applicable books and records, financial statements, and bank statements. 5. PROJECT COSTS - To be eligible for reimbursement under this AGREEMENT, PROJECT COSTS must be necessary and reasonable for the effective and efficient accomplishment of the PROJECT and must be directly allocable thereto. PROJECT COSTS are generally described in Exhibit B, Chapter 6613-2, F.A.C.. PROJECT COSTS must be incurred, and work performed within the PROJECT PERIOD, with the exception of pre -AGREEMENT costs, if any, consistent with Section 6 below, which are also eligible for reimbursement by the DISTRICT. If the PROJECT SPONSOR receives additional funding for the PROJECT COSTS from another source that was not identified in the original application and that changes the AGREEMENT MATCHING PERCENTAGE, the PROJECT SPONSOR shall proportionately reimburse the DISTRICT's program funds equal to the MATCHING PERCENTAGE in this AGREEMENT. The PROJECT SPONSOR shall promptly notify the DISTRICT of any project payments it receives from a source other than the DISTRICT. 6. PRE -AGREEMENT COSTS - The DISTRICT and the PROJECT SPONSOR fully understand and agree that there shall be no reimbursement of funds by the DISTRICT for any obligation or expenditure made prior to the execution of this AGREEMENT unless previously 2 158 of 188 delineated in Exhibit A, consistent with Exhibit B, and previously approved by the DISTRICT Board during the grant review process. 7. REIMBURSEMENT PROCEDURES - PROJECT COSTS shall be reported to the DISTRICT and summarized on the Payment Reimbursement Request Form (Form 490-14) attached as Exhibit D. Supporting documentation including bills and canceled payment vouchers for expenditures shall be provided to the DISTRICT by the PROJECT SPONSOR or LIAISON AGENT with any payment request. All records in support of the PROJECT COSTS included in payment requests shall be subject to review and approval by the DISTRICT or by an auditor selected by the DISTRICT. Audit expenses shall be borne by the PROJECT SPONSOR. Project funds may be released in installments, at the discretion of the DISTRICT, upon submittal of payment request by the PROJECT SPONSOR or LIAISON AGENT. The DISTRICT shall retain ten percent (10%) of each installment payment until the completion of the PROJECT. The following costs, if authorized in the attached Exhibit B, shall be reimbursed only upon completion of the PROJECT to the reasonable satisfaction of the DISTRICT and in accordance with Exhibit B: personnel, equipment, project management, administration, inspection, and design, permitting, planning, engineering, and/or surveying costs. Assuming the PROJECT SPONSOR has otherwise fully complied with the requirements of this AGREEMENT, reimbursement for a PROJECT approved as Phase I project will be made only upon commencement of construction of the PROJECT for which the Phase 1 planning, designing, engineering and/or permitting were directed, which may or may not involve further DISTRICT funding. Procedures set forth below with respect to reimbursement by the DISTRICT are subject to this requirement of commencement of construction. The DISTRICT shall have the right to withhold any payment hereunder, either in whole or part, for non-compliance with the terms of this AGREEMENT. 8. FINAL REIMBURSEMENT - The PROJECT SPONSOR, upon completion of the PROJECT, shall submit to the DISTRICT a request for final reimbursement of the ASSISTANCE AMOUNT less any prior installment payments. The payment amounts previously retained by the DISTRICT shall be paid upon (1) receipt of the Final Audit report of expenses incurred on the PROJECT by the DISTRICT, (2) full completion of the PROJECT to the reasonable satisfaction of the DISTRICT, (3) submission of Project Completion Certification Form No. 90-13 (Exhibit E), (4) submission of a photograph of the PROJECT showing the sign required by Section 18, and (5) a Final Project Report as described in Exhibit G, Assistance Project Schedule. As part of the documentation 3 159 of 188 accompanying the request for final reimbursement, PROJECT SPONSOR shall provide proof of payment of all contractors, material suppliers, engineers, architects, and surveyors with whom PROJECT SPONSOR has directly contracted (each a "DIRECT PROVIDER") to provide services or materials for the PROJECT. The final reimbursement amount shall be adjusted as necessary such that neither the total ASSISTANCE AMOUNT nor the MATCHING PERCENTAGE is exceeded. Unless otherwise determined by the DISTRICT, the final reimbursement check shall be presented by a DISTRICT representative to the PROJECT SPONSOR during a public commission meeting or public dedication ceremony for the PROJECT. 9. RECORDS RETENTION - The PROJECT SPONSOR shall retain all records supporting the PROJECT COSTS for three (3) years after the end of the fiscal year in which the Final Payment is released by the DISTRICT, except that such records shall be retained by the PROJECT SPONSOR until final resolution of matters resulting from any litigation, claim, or special audit that starts prior to the expiration of the three-year retention period. 10. DEFAULT AND REMEDIES — In the event of a breach of any of the terms of this AGREEMENT by the PROJECT SPONSOR, the DISTRICT shall provide written notice to the PROJECT SPONSOR, which shall have sixty (60) days in which to cure the breach. If the PROJECT SPONSOR fails to cure the breach within the cure period, the DISTRICT shall have the right, but not the obligation, to demand that the PROJECT SPONSOR immediately refund the ASSISTANCE AMOUNT to the extent paid. PROJECT SPONSOR shall refund to the DISTRICT the full amount of the ASSISTANCE AMOUNT paid to PROJECT SPONSOR, whereupon this AGREEMENT, and all further rights thereunder, shall be terminated. If the DISTRICT does not demand reimbursement as aforesaid, the DISTRICT may exercise any and all other remedies available at law or in equity. With respect to the PROJECT SPONSOR's obligations under Sections 15, 17, and 20, PROJECT SPONSOR acknowledges that breach by the PROJECT SPONSOR of one or more of its obligations under said sections might cause the DISTRICT to suffer irreparable harm, namely harm for which damages would be an inadequate remedy. PROJECT SPONSOR further acknowledges that the DISTRICT might suffer irreparable harm due to delay if, as a condition to obtaining an injunction, restraining order, or other equitable remedy with respect to such a breach, the DISTRICT was required to demonstrate that it would suffer irreparable harm. The parties therefore intend that if the PROJECT SPONSOR breaches one or more of its obligations under Sections 15, 17, or 20, the DISTRICT, in addition to such other remedies which may be available, shall have the right to seek specific performance and injunctive relief, and for purposes of determining whether to grant an equitable 4 160 of 188 remedy any court will assume that the breach would cause the DISTRICT irreparable harm. The provisions of this section shall survive completion of the PROJECT. l I . DISTRICT PROJECT MANAGER - The Executive Director, or his designee, is hereby designated as the DISTRICT's Project Manager for the purpose of this AGREEMENT and shall be responsible for monitoring performance of its terms and conditions and for approving all reimbursement requests prior to payment. 12. PROJECT SPONSOR'S LIAISON AGENT - The PROJECT SPONSOR shall appoint a LIAISON AGENT, whose name and title shall be submitted to the DISTRICT upon execution of this AGREEMENT, to act on behalf of the PROJECT SPONSOR relative to the provisions of this AGREEMENT. 13. STATUS REPORTS - The PROJECT SPONSOR or LIAISON AGENT shall submit to the DISTRICT project status reports during the PROJECT tern. These Quarterly Reports are to be on Form #95-02 (Exhibit F, Assistance Program Project Quarterly Status Report). Project design drawings, engineering drawings, and a copy of the Project bid award construction item cost list will be submitted as available. Photographs shall be submitted when appropriate to reflect the work accomplished. NON-COMPLIANCE by the PROJECT SPONSOR with the reporting schedule in Exhibit G, Assistance Project Schedule, may result in revocation of this AGREEMENT. 14. LAWS - The PROJECT SPONSOR agrees to obtain and to abide by all federal, state, and local permits and proprietary authorizations, and all applicable laws and regulations in the development of the PROJECT. The PROJECT SPONSOR agrees that all PROJECT facilities shall be designed and constructed in compliance with applicable state and federal statutory requirements for accessibility by handicapped persons, as well as all other federal, state and local laws, rules, and requirements. 15. NON-DISCRIMINATION -The PROJECT SPONSOR agrees that when completed, the PROJECT shall be readily accessible, on a non-exclusive basis, to the general public of DISTRICT member counties without regard to age, sex, race, physical handicap, or other condition, and without regard to residency of the user in another political subdivision. 16. PARKING FACILITIES -Adequate parking shall be made available by the PROJECT SPONSOR to accommodate vehicles for the number of persons for which the PROJECT is being developed. 17. SITE DEDICATION — FOR LAND -BASED DEVELOPMENT PROJECTS The PROJECT SPONSOR also agrees that the PROJECT site shall be dedicated for the public use 5 161 of 188 for which the PROJECT was intended for a minimum period of thirty-five (35) years from the completion of the PROJECT, such dedication to be in the form of a deed, lease, management AGREEMENT or other legally binding document. Any change in such dedication shall require the prior approval of the DISTRICT. The PROJECT SPONSOR shall record evidence of such dedication within the Public Records of the County in which the PROJECT is located. 18. ACKNOWLEDGMENT — For construction projects, the PROJECT SPONSOR shall erect a permanent sign, approved by the DISTRICT, in a prominent location such as the PROJECT entrance of the completed PROJECT, which shall indicate that the DISTRICT contributed funds for the PROJECT. The wording of the sign required by this section shall be approved by the DISTRICT's staff before construction and installation of said sign. This sign shall contain the DISTRICT logo (Exhibit H) unless otherwise stipulated by the DISTRICT. In the event that the PROJECT SPONSOR erects a temporary construction sign, it shall also indicate the DISTRICT's participation. For all other types of projects, the PROJECT SPONSOR shall acknowledge the DISTRICT where feasible, in concurrence with the DISTRICT staffs recommendations. 19. PROJECT MAINTENANCE - When and as applicable, the PROJECT SPONSOR agrees to operate, maintain, and manage the PROJECT for the life of the PROJECT improvements and will pay all expenses required for such purposes. The PROJECT improvements shall be maintained in accordance with the standards of maintenance for other local facilities owned and operated by the PROJECT SPONSOR, and in accordance with applicable health standards. PROJECT facilities and improvements shall be kept reasonably safe and in reasonable repair to prevent undue deterioration and to encourage public use. The PROJECT SPONSOR warrants and represents that it has full legal authority and financial ability to operate and maintain said PROJECT facilities and improvements. 20. FEES -- Any fees charged for this PROJECT shall be reasonable and the same for the general public of all member counties. The PROJECT SPONSOR must demonstrate that a minimum of fifty percent (50%) of the PROJECT fees will be utilized for project maintenance and improvements throughout the anticipated useful life of a development project or the design life of other project types, as applicable. 21. SOVEREIGN IMMUNITY - Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees, contractors, and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity under Section 768.28, Florida Statutes. The PROJECT SPONSOR acknowledges that the DISTRICT, its 6 162 of 188 employees, commissioners, and agents are solely providing funding assistance for the PROJECT and are not involved in the design, construction, operation, or maintenance of the PROJECT. 22. INSPECTIONS - The DISTRICT reserves the right, upon reasonable request, to inspect said PROJECT and any and all records related thereto at any time. 23. RIGHTS AND DUTIES - The rights and duties arising under this AGREEMENT shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns, and shall, unless the context clearly requires otherwise, survive completion of the PROJECT. The PROJECT SPONSOR may not assign this AGREEMENT nor any interest hereunder without the express prior written consent of the DISTRICT. 24. WAIVERS - Waiver of a breach of any provisions of this AGREEMENT shall not be deemed a waiver of any other breach of the same or different provision. 25. NOTICE - Any notice required to be given pursuant to the terms and provisions of this AGREEMENT shall be in writing, postage paid, and shall be sent by certified mail, return receipt requested, to the DISTRICT or PROJECT SPONSOR at the addresses below. The notice shall be effective on the date indicated on the return receipt. To the DISTRICT at: Florida Inland Navigation District 1314 Marcinski Road Jupiter, Florida 33477-9498 To the PROJECT SPONSOR at: City of Sebastian Attention: CRA Manager, 1225 Main Street Sebastian, FL 32958 26. NO JOINT VENTURE - The DISTRICTs role with respect to the PROJECT is that of a funding assistance authority only and the DISTRICT is not, and shall not be considered to be, an agent, partner, or joint venturer with the PROJECT SPONSOR. 27. GOVERNING LAW - The validity, interpretation, and performance of this AGREEMENT shall be controlled and construed according to the laws of the State of Florida. 28. TRANSFERENCE - It is the intent of the DISTRICT to issue this funding assistance to the PROJECT SPONSOR who has made application for this assistance. In the event the PROJECT 7 163 of 188 SPONSOR transfers ownership or management of the PROJECT to a party or parties not now a part of this AGREEMENT, other than another governmental entity that agrees to assume, in writing, PROJECT SPONSOR'S obligation hereunder, the DISTRICT retains the right to full reimbursement from the PROJECT SPONSOR to the full extent of the funding assistance provided by the DISTRICT including, but not limited to, any costs and reasonable attorney's fees (regardless of whether litigation ensues) incurred by the DISTRICT in collecting said reimbursement. 29. ENTIRE UNDERSTANDING - This AGREEMENT, including any exhibits made: a part hereof, embodies the entire AGREEMENT and understanding of the parties and supersedes all prior oral and written communications between them. The terms hereof may be modified only by a written amendment signed by both parties hereto. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day, month and year aforesaid. FLORIDA INLAND NAVIGATION DISTRICT By: A- 4�1— Executive Director Date: // /0 (' /Z- 3 City of Se tiara By: Brian Benton Title: City Manager Date: `G1.2 / 2 z 7 164 of 188 PROJECT COST ESTIMATE WATERWAY ASSISTANCE PROGRAM FY 2023 L5&Q Rule �ectiQn �¢B-2,QQ $ 2,QQ$ fQr pIigiJ2ililY QnUf.Un�Uin.Q ra1LQ11 Project Tithe: Applicant: WORKING WATERFRONT EXTENSION CITY OF SEBASTIAN Project Elements fPleose list the MAJOR project elements Total Estimated and provide general costs for each one. Cost For Phase I Projects. please list the major elements and products expected) Permits ACOE and FDEP/FDACS Final Engineering Design Plans Bidding and Advertisement "TOTALS = FomiNo 90-25 (New 10/14/92, Reviscd 04-24.06) Applicant's FIND Cost Cost (To the nearest $50) (To the nearest $50) 1 $120000.00 1 $ 60,000.00 I S 60,000.00 165 of 188 Exhibit B 2023 CHAPTER 6613-2 WATERWAYS ASSISTANCE PROGRAM 66B-2.001 Purpose 66B-2.002 Forms 66B-2.003 Definitions 66B-2.004 Policy 66B-2.005 Funds Allocation 66B-2.006 Application Process 668-2.0061 Emergency Applications 66B-2.008 Project Eligibility 66B-2.009 Project Administration 66B-2.011 Reimbursement 6611-2.012 Accountability 66B-2.013 Acknowledgement 66B-2.014 Small -Scale Spoil Island Restoration and Enhancement Projects 66B-2.015 Small -Scale Derelict Vessel Removal Projects 66B-2.016 Waterways Cleanup Events 66B-2.001 Purpose. Recognizing the importance and benefits of inland navigation channels and waterways, as well as noting problems associated with the construction, continued maintenance and use of these waterways, the Florida Legislature created Section 374.976, F.S. This law authorizes and empowers each inland navigation district to undertake programs intended to alleviate the problems associated with its waterways. The purpose of this rule is to set forth the District's policy and procedures for the implementation of an assistance program under Section 374.976, F.S., for local governments, member counties and navigation related districts within the District. This program will be known hereafter as the Florida Inland Navigation District's Waterways Assistance Program. Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History -New 12-17-90. Formerly 16T-2.001. 6611-2.002 Forms. All forms for the administration of this program are available from the District office located at 1314 Marcinski Road, Jupiter, Florida 33477. Ralemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS History -New 12-17-90, Formerly 16T-2.002. 66B-2.003 Definitions. The basic terms utilized in this rule are defined as follows: (1) "APPLICANT' means an eligible governmental agency submitting an application through this program. (2) "APPLICATION' means a project proposal with the required documentation. (3) "AUTHORIZED SUBMISSION PERIOD" means the established period for submitting applications to the District. (4) `BEACH RENOURISHMENT' means the placement of sand on a beach for the nourishment, renourishment or restoration of a beach. (5) "BOARD" means the Board of Commissioners of the Florida Inland Navigation District. (6) "DISTRICT" means the Florida Inland Navigation District (FIND). (7) "ELIGIBLE GOVERNMENTAL AGENCY" means member counties, local governments and navigation related districts within the taxing boundaries of the District. (8) "ENVIRONMENTAL PERMITS" means those permits, proprietary authorizations, exemptions, or general permits for construction below mean high water line of a navigable waterway required and issued by or on behalf of the U.S. Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida or the St. Johns River Water Management Districts or their successors. (9) "EXECUTIVE DIRECTOR' means the Executive Director of the Florida Inland Navigation District. 166 of 188 (10) "LIAISON AGENT' means the contact person officially designated to act on behalf of the applicant or the project sponsor. (11) "LOCAL GOVERNMENTS" means municipalities, cities, or consolidated county governments, which are located within the member counties. (12) "MARITIME MANAGEMENT PLAN" means a written plan containing a systematic arrangement of elements specifically formulated to identify, evaluate and promote the benefits of eligible waterway accessibility and enjoyment, with consideration and respect to the physical, environmental and economic parameters of the planning area. (13) "MATCHING FUNDS" means those funds provided by the local sponsor to the project. (14) "MEMBER COUNTY" means a county located within the taxing boundaries of the District which includes Nassau, Duval, St. Johns, Ftagter, Volusia, Brevard, Indian River, St. Lucie, Martin, Palm Beach, Broward and Miami -Dade Counties. (15) "NAVIGATION RELATED DISTRICTS" means port authorities, inlet districts or any other agency having legally authorized navigation related duties in waterways of the District. (16) "PRE -AGREEMENT COSTS" means project costs approved by the District Board which have occurred prior to the execution of the project agreement. (17) "PROGRAM" means the Florida Inland Navigation District Waterways Assistance Program. (18) "PROGRAM FUNDS" means financial assistance awarded by the Board to a project for release to the project sponsor pursuant to the terms of the project agreement. (19) "PROJECT' means a planned undertaking consisting of eligible program facilities, improvements or expenses for the use and benefit of the general public. (20) "PROJECT AGREEMENT' means an executed contract between the District and a project sponsor setting forth mutual obligations regarding an approved project. (21) "PROJECT MAINTENANCE" means any usual action, activity, expense, replacement, adjustment or repair taken to retain a project or grant item in a serviceable, operational or normal condition, or the routine efforts and expenses necessary to restore it to serviceable or normal condition, including the routine recurring work required to keep the project or grant item in such condition that it may be continuously used at its original or designed capacity and efficiency for its intended purpose. (22) "PROJECT MANAGER" means the District employee who is responsible for monitoring the performance of the Project and compliance with the project agreement. (23) "PROJECT PERIOD" means the approved time during which costs may be incurred and charged to the funded project. (24) "PROJECT SPONSOR" means an eligible governmental agency receiving program funds pursuant to an approved application. (25) "PUBLIC BUILDING" means a building or facility on government owned property that is owned or operated by a governmental entity, or operated by a third party operator. The building or facility must provide waterway related information, public meeting space, or educational services and be open to members of the public on a continual basis without discrimination. (26) "PUBLIC MARINA" means a harbor complex used primarily for recreational boat mooring or storage, the services of which are open to the general public on a first come, first served basis without any qualifying requirements such as club membership, stock ownership, or differential in price. (27) "PUBLICLY OWNED COMMERCIAL OR INDUSTRIAL WATERWAY ACCESS" means any publicly owned area specifically designed to be used for staging, launching, or off-loading by commercial or industrial waterway users on a first come, first served, short-term basis, to gain entry to or from the District's waterways to serve the infrastructure needs of the District's waterway users. (28) "WATERWAYS" means the Atlantic Intracoastal Waterway, the Okeechobee Waterway, the Barge Canal in Brevard County west of the Port Canaveral Locks, those portions of the Dania Cut -Off Canal and the Hillsboro Canal east of the water control structures, all navigable natural rivers, bays, creeks or lagoons intersected by said waterways and all navigable natural creeks, rivers, bays or lagoons entering or extending from said waterways. (29) "WATERWAY RELATED ENVIRONMENTAL EDUCATION" means an interdisciplinary holistic process by which the learner develops an awareness of the natural and manmade environments of waterways; develops knowledge about how the environment of the waterways works; acquires knowledge about the technological, social, cultural, political, and economic relationships occurring in waterway related environmental issues; and, becomes motivated to apply action strategies to maintain balance between quality of life and quality of the environment of waterways. Rulemaking Authority 374.976(2) FS, Law Implemented 374.976(l) FS Hlstay-New 12-17-90. Amended 9-2-92, 2-6-97, Formerly 16T-2.003, 167 of 188 Amended 5-17-98. 3-21-01, 3-20-03, 3-3-04, 4-21.05. 4-24-06, 4-15-07, 3-25-08, 3-7-11. 3-23-21. 668-2.004 Policy. The following constitutes the policy of the District regarding the administration of the program: (1) Financial Assistance Eligibility: Financial assistance, support and cooperation may be provided to eligible governmental agencies for approved projects as follows: (a) Member counties may be provided financial assistance, support or cooperation in planning, acquisition, development, construction, reconstruction, extension, improvement, operation or the maintenance of public navigation, local and regional anchorage management, beach renourishment, public recreation, inlet management, environmental education, maritime management plans, and boating safety projects directly related to the waterways. (b) Eligible local governments may also be provided financial assistance, support and cooperation in planning and carrying out public navigation, local and regional anchorage management, beach renourishment, public recreation, inlet management, environmental education, and boating safety projects directly related to the waterways. (c) Navigation related districts may be provided with financial assistance to pay part of the costs of the planning and acquisition of dredge material management sites if the Board finds that the site is required for the long-range maintenance of the Atlantic Intracoastal Waterway channel. All such sites must meet the development and operational criteria established by the District through a long-range dredge material management plan for that county. Navigation related districts may also be provided with assistance for waterway related access projects, environmental mitigation projects associated with waterway improvement related activities, and inlet management projects if the Board finds that the project benefits public navigation in the Atlantic Intracoastal Waterway. All navigation related districts shall contribute at least equal matching funds to any District financial assistance provided. Seaports may also be furnished assistance and support in planning and carrying out environmental mitigation projects. All seaport projects shall benefit publicly maintained channels and harbors. Each seaport shall contribute matching funds for funded projects. (d) Eligible projects shall include the acquisition and development of public boat ramps and launching facilities, including those in man-made, navigable waterways contiguous to "waterways" as defined in Rule 6613-2.003, F.A.C. (2) Notification: The District will notify by direct mail, email and/or advertised public notice all eligible governmental agencies of the program and the upcoming authorized submission period. (3) Project Approval: Approval of projects by the District shall be in accordance with these rules. (4) Project Accessibility: Facilities or programs funded in whole or in part by program funds shall be made available to the general public of all of the member counties on a non-exclusive basis without regard to race, color, religion, age, sex or similar condition. Additionally, facilities funded in whole or in part by program funds, shall not require a paid membership for the general public of all of the member counties as a condition to use the facilities. User or entrance fees may be charged for the use of facilities funded in whole or in part by program funds, however such fees shall be reasonable and shall be the same for the general public of all of the member counties. (5) Waterway Impacts: All development projects must be designed so as not to impact navigation along the District's waterways through the placement of structures, attendant uses, or the necessity of a boating speed zone for safety purposes. Before applying for boating speed zone designation in District waterways because of a project funded by this program, the sponsor shall first receive approval from the Board. The Board will use the criteria found in Section 327A6(1), F.S., in determining whether to approve the proposed boating speed zone. (6) Project Maintenance: The project sponsor shall be responsible for the operation, maintenance, and management of the project for the anticipated life of the project and shall be responsible for all expenses required for such purposes. The project shall be maintained in accordance with the standards of maintenance for other similar local facilities and in accordance with applicable health standards. Project facilities and improvements shall be kept reasonably safe and in reasonable repair to prevent undue deterioration and to encourage public use. The project sponsor shall have full legal authority and financial ability to operate and maintain the project facilities. (7) Education Facilities and Programs: Waterways related environmental education facilities and programs sponsored by the District shall occur at specially designated environmental education facilities located adjacent and contiguous to the waterways. It is the District's intent to consolidate its environmental education efforts in the least number of facilities within an area that will adequately serve the education needs of that area of the District. (8) Public Information Availability: Public information produced with assistance from this program shall not be copyrighted and 168 of 188 shall be provided free of cost, except for the cost of reproduction, to the public. (9) Third -Party Project Operators: Projects that are being operated by a third party shall have sufficient oversight by the eligible project sponsor as determined by the Board. Such oversight, at a minimum, will include a project liaison that is a staff member of the eligible project sponsor, and oversight of the operating hours and admission fees of the facility by the eligible project sponsor through a legal agreement. All third party projects shall be open to the public in accordance with this rule. (10) Nan -compliance: The District shall terminate a project agreement and demand return of program funds disbursed to the project sponsor for non-compliance with any of the terns of the project agreement or this rule, if such non-compliance calls into question the ability of the applicant to complete the project. Failure of a project sponsor to comply with the provisions of this rule or tite project agreement shall result in the District declaring the project sponsor ineligible for further participation in the program until such time as compliance has been met to the satisfaction of the District. (11) Fees: Any public project eligible for District program funds that charges a fee or will charge a fee must create and maintain an enterprise fund for the public project that shall plan for and retain at all times sufficient funds for the on -going maintenance of the facility during its project life. Accounting records of the previous five years of the public project's enterprise fund will be submitted as part of any subsequent assistance program application to the District. Rnlemctking;ttahor•rir374.976(2) 1S. Lau bnplememed 37d.976eh. i.') /S. l istors—Nees, 12-17-90. rIniended 2-3-94. 2.6-97. Formerly 16T-2.004, .-Intended 3-18-98, 3-31-99. 5-25-00. 3-21-01. 7-30-02, 3-3.04. d-21-03. 4-1-09. 2-22-10, 3-7-11. 3-7-12, 1-27-14. 2-17-15. 6613-2.005 Funds Allocation. The Board will allocate funding for this program based upon the District's overall goals, management policies, fiscal responsibilities and operational needs for the upcoming year. Funding allocations to navigation related districts, member counties and local governments shall be based upon the proportional share of the District's ad valorem tax collections from each county. If funds are detemuined to be available for the program, the District will notify potential eligible governmental agencies of the availability of program funding. Applications will be reviewed by the Board utilizing District Forms No. 91-25 and 91-25 (A) through (F) Waterways Assistance Program Application and Evaluation Worksheet (effective date 1,2014), hereby incorporated by reference and available at: htto:.wtwu.flrules.ora'Gatewa% ret'erence.asn?No=Ref-03S68, and available from the District office or by download from the District's webpage at: tv%v%v.aictv.org. (1) Funding Assistance Availability: In as much as the District has other fiscal responsibilities and operational needs, financial assistance to eligible government agencies shall not exceed an amount equal to eighty (80) percent of the proportional share of the District's ad valorem tax collections from each county in which such agencies are located. The District may make an exception to this funding limitation, if funds are detennined to be available based upon the District's overall goals, management policies, fiscal responsibilities and operational needs, or in counties that are recovering from a state of emergency declared under Chapter 252, F.S. (2) Project Funding Ratio: All financial assistance and support to eligible governmental agencies shall require, at a minimum, equal matching funds from the project sponsor, with the exception of public navigation projects that meet the provisions of subsection 66B-2.005(6), F.A.C., land acquisition projects in accordance with subsection 66B-2.005(7), and Rule 6613-2.008, F.A.C., small-scale spoil island restoration and enhancement projects that meet the provisions of Rule 6613-2.014, F.A.C., derelict vessel projects consistent with Rule 6613-2.0015, F.A.C., and Waterway Cleanup Projects approved under Rule 6613-2.0016, F.A.C., and projects approved in counties recovering from a state of emergency. Applicant's in-house costs are limited pursuant to paragraph 6613-2.008(1)(c), F.A.C. All financial assistance to seaports shall require equal matching funds. The District shall contribute no more than fifty percent (50°10) of the local share of the cost of an inlet management or beach renourishment project. The District shall not contribute funding to both the state and local shares of an inlet management or beach renourishment project. (3) Pre -agreement Expenses: The project sponsor shall not commence work on an approved project element prior to the execution of the project agreement unless authorized by the Board during the review and funding approval process. Board authorization of pre -agreement expenses will be given for the commencement of work prior to the execution of a project agreement if the Board determines that there is a benefit to the District, its waterways or its constituents. All project costs must be incurred and work performed within the project period as stipulated in the project agreement unless pre -agreement costs are approved by the Board. Pre -agreement expenses will be approved if they are consistent with the provisions of Rule 6613-2.008. F.A.C., and occur within the fiscal year of the grant application submission (October Is( to September 30th). Pre -agreement expenses, except for projects approved by the Board as multi-_tcar projects, will be limited to fifty (50) percent (it' the project's total cost and if tite expenses are eligible project expenses in accordance with this rule. Only one-half (112) or less of the approved pre -agreement 169 of 188 expenses will be eligible for reimbursement funding from the District, except for projects approved by the Board as multi -year projects. The Board shall consider a waiver of the limitation on pre -agreement expenses for Small -Scale Derelict Vessel grants and land acquisition projects when the applicant demonstrates a direct need and benefit and the project is in accordance with the applicable provisions of Chapter 66B-2, F.A.C. (4) Multi -Year Funding: The construction phase of projects that are large scale, involve multiple phases, have a construction time line of one year or longer, or are requesting a significant amount of assistance funding in relation to the total assistance available for the county where the project is located, will be reviewed and approved by the District Board for a multiple year period subject to budgeting and allocation pursuant to the provisions of Chapter 200, F.S. The determination by the Board to provide assistance funding on a multi -year basis can be made at any time during the application review process. All approved multi -year projects are limited to a maximum of two (2) additional funding requests. (5) Inlet Management and Beach Renourishment: Projects and project elements in the categories of inlet management and beach renourishment shall be subject to the following provisions. The District shall contribute no more than fifty percent of the local share of the cost of the project. The District shall not contribute funding to both the state and local shares of an inlet management or beach renourishment project. Funding for the construction phase of an inlet management or beach renourishment project may be approved by the District Board for a multiple year period subject to budgeting and allocation pursuant to the provisions of Chapter 200, F.S. Additionally the following provisions shall be met for inlet management or beach renourishment projects: (a) Inlet Management: Inlet management projects shall benefit public navigation within the District and shall be consistent with Department of Environmental Protection approved inlet management plans and the statewide beach management plan pursuant to Section 161.161, F.S. Prior to funding any inlet management project, the Board shall make a finding that the project is a benefit to public navigation in the District. Inlet management projects that are determined to be consistent with Department of Environmental Protection approved inlet management plans are declared to be a benefit to public navigation. (b) Beach Renourishment: All projects in this category shall be consistent with the statewide beach management plan. Beach renourishment projects shall only include those beaches that have been adversely impacted by navigation inlets, navigation structures, navigation dredging, or a navigation project. Prior to funding any beach renourishment project, the Board shall make a finding that the beaches to be nourished have been adversly impacted by navigation inlets, navigation structures, navigation dredging or a navigation project. The determination of beach areas that are adversely impacted by navigation for the purposes of this program shall be made by Department of Environmental Protection approved inlet management plans. If state funding is not provided for a beach project, public access with adequate parking must be available in accordance with Chapter 161, F.S. (6) Public Navigation: Projects or project elements in the category of public navigation that will qualify for up to seventy-five percent (75%) program funds must be within the Intracoastal Right -of -Way (ROW), or provide public navigation channel access to two or more publicly accessible launching, mooring or docking facilities. In addition, the following shall apply: (a) Navigation channel dredging: The project sponsor must demonstrate that the source of channel sedimentation has been identified and is in the process of, or has been controlled, or that the frequency and amount of shoaling is such that dredging will provide an improvement to the channel that will last for twenty (20) years or more and therefore is more cost effective than identifying and correcting the cause of shoaling, or that the cost of identifying the source of channel sedimentation exceeds the cost of the dredging project. (b) Navigation channel lighting and markers must be located on primary or secondary public navigation channels. Navigation projects or project elements that have one facility open to the public will qualify for up to fifty percent (50%) program funding. Dredging that is associated or ancillary to another use (such as a boat ramp, marina or pier) will be prioritized according to the associated use. (7) Land Acquisition: Land acquisition projects shall qualify for a maximum of fifty (50) percent funding. All pre -agreement expenses for land acquisition must be completed within one-year of the date of application for funding. Except for acquisition of publicly owned spoil disposal site, all funded land acquisition projects must construct the required boating access facility within 7 years of completion of the land acquisition, or the District may require the applicant to refund the program funding. Immediately upon acquiring title to the land, the applicant shall record a declaration of covenants in favor of the District stating that if the required boating access facility is not constructed within 7 years and dedicated for the public use as a boating access facility in perpetuity after completion of construction, the District shall require the applicant to refund the program funding. (9) Seaport Funding Eligibility: Financial assistance to seaports may exceed the proportional share of the District's ad valorem tax collections as set forth in subsection 6613-2.005(1), F.A.C., from the county in which such seaport is located if the seaport can 170 of 188 demonstrate that a regional benefit occurs from the port's activities. Financial assistance to a seaport project that demonstrates a regional benefit shall not exceed an amount equal to (i) the proportional share of the District's ad valorem tax collections as set forth in subsection 6613-2.005(1), F.A.C., from the counties where the benefit is demonstrated less (ii) funding allocated in the same fiscal year to all other local government projects funded in those counties. Rulemaking Authority 374.976(2) FS. Lmv implemented 374.976(1). (3) FS Histor}LNew 12-17-90. Amended 6-24-93. 9-S-96. 1-6-97, Fwmerly 16T-2.005, Amended 5-17-98, 8-26-99, 3-11-01. 7-30-02. 3-3-04. 4-21-05, 4-24-06, 4-15-07, 3-15-08, 4-1-09. 3-7-11, 3-7-12, 4-10-13. 1-17-14, 5- 15-16 3-25-21. 6613-2.006 AppGeation Process. (1) Application Period: With the exception of eligible Disaster Relief Projects, eligible Small -Scale Spoil Island Restoration and Enhancement Projects eligible Small -Scale Derelict Vessel Applications and Waterway Cleanup Events, all applications for assistance through this program will be submitted during the authorized submission period that shall be established by vote of the Board at a scheduled meeting. (2) Application Forms: Florida Inland Navigation District Waterways Assistance Program Project Application FIND Form Number 90-22 (effective date 4-24-06) and the Waterway Assistance Program Application and Evaluation Worksheet No. 91-25 and 91-25 (A) through (F) (effective date 1/2014) are hereby incorporated by reference and available from the District office. With the exception of projects eligible under the Small -Scale Spoil Island Restoration and Enhancement program, the Small -Scale Derelict Vessel program, and eligible Waterway Cleanup Events, all applications for financial assistance and support through this program from member counties and local governments shall be made on Form Number FIND 90-22 and the Waterway Assistance Program Project Application and Evaluation Worksheet No. 91-25 and 91-25 (A) through (F) and shall include a detailed cost estimate submitted on FIND Form No. 90-25, Florida Inland Navigation District Assistance Program Project Cost Estimate, (effective date 4- 24-06), hereby incorporated by reference and available from the District office. In addition, all applicants shall submit a complete and detailed Project Timeline (FIND FORM No. 96-10) (effective date 4-15-07). (3) Sponsor Resolution: The project sponsor shall approve the submission of an application by official resolution from its governing board or commission. Said resolution shall be made on FIND Form No. 90-21, Resolution for Assistance Under the Florida Inland Navigation District Waterways Assistance Program (effective date 10-14-92), hereby incorporated by reference and available from the District office. (4) Attorney's Certification: If the application is for a project that is a land based development project the applicant shall submit an Attorney's Certification of Title, FIND Form Number 94-26 (effective date 5-25-00), hereby incorporated by reference and available from the District office. (5) Maps and Geographic Information: All applicants shall be required to submit, at minimum, the following geographic information: A County location map, a project location map, a project boundary map, and a clear and detailed site development map for land development projects. (6) Application Review: Applicants shall obtain the local FIND Commissioner's initials on Form No. 90-26 prior to submitting the application to the District office. It is the applicant's responsibility to make timely arrangements for the local FIND Commissioner's review. In the absence of extenuating circumstances outside of the applicant's control as determined by the Board of Commissioners, an application shall not be considered complete if it does not include the local FIND commissioner's initials on Form No. 90-26. Upon receipt in the District office, staff will review the applications for completeness of the informational requirements identified in the Application Checklist, FIND Form Number 90-26 (effective date 7-30-02), and for compliance with the eligibility requirements of this rule. When an application is determined by staff to be incomplete or ineligible, staff will immediately inform the applicant by mail. The applicant will then have until the date established by the Board in the application package to bring the application into compliance. If the applicant fails to provide a complete application in compliance with these rules, the application will not be considered for funding. In order to have a complete application, the applicant shall not only submit the forms required under Rule 66B-2.006, F.A.C., and any other information requirements identified in the Application Checklist (FIND Form Number 90-26), but such forms and other submitted information must be completely filled out, executed as applicable, and also establish compliance with Chapter 6613-2, F.A.C. (7) Interlocal Agreements: Applications that the Board determines will directly benefit the maintenance of the Atlantic Intracoastal Waterway channel as documented by the District's long range dredged material management plans, will directly benefit the maintenance of the Okeechobee Waterway channel as documented by the District's long range dredged material management 171 of 188 plan, will directly benefit the maintenance or improvement of District property, right-of-way or navigation interests, or have multiple funding partners including the Corps of Engineers as the project manager can qualify for project assistance through an interlocal agreement pursuant to Chapter 163 or Section 374.984(6)(a), F.S. District staff will identify these applications and present them to the Board for their determination as to funding. Interlocal agreement projects shall comply with all other provisions of this rule, except for pre -agreement expenses, permitting and property control requirements. (8) Application Presentations: Applications determined to be complete and in compliance with this rule will be forwarded to the Board for review and then scheduled for presentation to the Board at a scheduled meeting of the Board. Applicants can decline to make a presentation to the Board by submitting a written request. (9) Application Evaluation and Rating Score: Following the presentations, the Board will review the applications and evaluate them using the Waterways Assistance Program Application and Evaluation Worksheets No. 91-25 (A) through (F) for Waterways Assistance Program applications. The total points awarded to each application by the Commissioners will be averaged to determine an application's final rating score. The final rating score for each application must equal or exceed 35 points for the application to be considered for funding assistance. Reconsideration of any application with a final rating score of less than 35 points will only occur if the majority of the Commissioners evaluating the project rated the project equal to or exceeding 35 points and two-thirds of the Commissioners vote for reconsideration of the application. Only Applicants that are eligible under Rule 66B-2.0061, F.A.C., "Disaster Relief Applications," shall complete FIND Form No. 91-25F Emergency Re -Construction (effective date 4-24-06, 1/2014). (10) Funding Determination: The Board will hold a funding allocation meeting at which time the Board will determine the allocation of funds, if any, to each project and the projects will be ranked by overall average score to facilitate final funding decisions by the Board. Allocations will be based in part upon the cumulative score of the applications as calculated from the Project Evaluation and Rating Form. Allocations will also be based upon the specific needs of the individual counties. Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS History -New 12-17-90, Amended 9-2-92. 6-24-93. 4-12-95. Formerly 16T- 2.006, Amended 5-25-00, 3-11-01, 7-30-02, 3-20-03, 4-21-05, 4-24-06, 4-15-07, 3-23-08, 3-7-11, 1-17-14. 6613-2.0061 Disaster Relief Applications. Disaster Relief applications may be submitted to the District and considered by the Board at any time during the year to provide assistance to an eligible applicant for the removal of navigation obstructions and repair or replacement of waterway facilities damaged by a declared natural disaster. Applicants for Disaster Relief shall use the same forms listed in subsection 66B-2.006(2), F.A.C. The District shall consider these applications in accordance with these rules. Rulemaking Authority 374.976(2) FS Law Implemented 374.976(1) FS. History -New 6-24-93, Amended 2-6-97, Formerly 16T-2.0061, Amended 4-24-06, 3-25-21. 6613-2.008 Project Eligibility. (1) Eligible Projects: Financial assistance and support through this program shall be used to plan or carry out public navigation and anchorage management, public recreation, environmental education, boating safety, acquisition and development of spoil sites and publicly owned commercial/industrial waterway access directly related to the waterways, acquisition and development of public boat ramps, launching facilities and boat docking and mooring facilities, inlet management, maritime management planning, environmental mitigation and beach renourishment. (a) Program funds may be used for projects such as acquisition, planning, development, construction, reconstruction, extension, or improvement, of the following types of projects for public use on land and water. These project types will be arranged into a priority list each year by vote of the Board. The priority list will be distributed to applicants with the project application. 1. Public navigation channel dredging, 2. Public navigation aids and markers, 3. Inlet management projects that are a benefit to public navigation in the District, 4. Public shoreline stabilization directly benefiting the District's waterway channels, 5. Acquisition and development of publicly owned spoil disposal site and public commercial/industrial waterway access, 6. Waterway signs and buoys for safety, regulation or information, 7. Acquisition, dredging, shoreline stabilization and development of public boat rumps and launching facilities, 8. Acquisition, dredging, shoreline stabilization and development of public boat docking and mooring facilities, 172 of 188 9. Derelict Vessel Removal, 10. Waterways related environmental education programs and facilities, 11. Public fishing and viewing piers, 12. Public waterfront parks and boardwalks and associated improvements, 13. Maritime Management Planning, 14. Waterways boating safety programs and equipment, 15. Beach renourishment on beaches adversely impacted by navigation inlets, navigation structures, navigation dredging, or a navigation project; and, 16. Environmental restoration, enhancement or mitigation projects; and, 17.Other waterway related projects. Waterway projects that do not meet specific criteria in subsection 66B-2.005(5) or (6) or subparagraphs 66B-2.008(1)(a)1: 16., F.A.C., but are located on eligible waterways shall be considered for funding under the priority listing of"other waterway related project" and eligible for 25% funding. (b) Ineligible Projects or Project Elements. Project costs ineligible for program funding or matching funds will include: contingencies, miscellaneous, reoccurring personnel related costs, irrigation equipment, ball -courts, park and playground equipment, and any extraneous recreational amenities not directly related to the waterway such as the following: 1. Landscaping that does not provide shoreline stabilization or aquatic habitat, 2. Restrooms for non -waterway users, 3. Roadways providing access to non -waterway users, 4. Parking areas for non -waterway users, 5. Utilities for non -waterway related facilities, 6. Lighting for non -waterway related facilities, 7. Project maintenance and maintenance equipment, 8. Picnic shelters and furniture for non -waterway related facilities, 9. Vehicles to transport vessels; and, 10.Operational items such as fuel, oil, etc. 11. Office space that is not incidental and necessary to the operation of the main eligible public building; and, 12. Conceptual project planning, including: public surveys, opinion polls, public meetings, organizational conferences; and, 13. Inlet maintenance. (c) Project Elements with Eligibility Limits: Subject to approval by the Board of an itemized expense list: 1. The following project costs will be eligible for program funding or as matching funding if they are performed by an independent contractor. a Project management, administration and inspection, b. Design, permitting, planning, engineering or surveying costs for completed construction project, c. Restoration of sites disturbed during the construction of an approved project, d. Equipment costs. Before reimbursement is made by the District on any of the costs listed in subparagraph I., above, a construction contract for the project, approved and executed by the project sponsor and project contractor must be submitted to the District. 2. Marine fire -fighting, Marine law enforcement and other vessels are eligible for a maximum of $100,000 in initial District funding. All future replacement and maintenance costs of the vessel and related equipment will be the responsibility of the applicant. 3. Waterway related environmental education facility funding will be limited to those project elements directly related to the District's waterways. (d) Phasing of Projects: Applications for eligible waterway projects may be submitted as a phased project where Phase I will include the design, engineering and permitting elements and Phase II will include the construction of the project A description and cost estimate of the Phase II work shall be submitted along with the Phase I application for Board review. (2) Property Control: The site of a new proposed land -based development project, with the exception of those projects requesting Small -Scale Spoil Island Restoration and Enhancement funding, shall be dedicated for the public use for which the project was intended for a minimum period of 35 years after project completion. Such dedication shall be in the form of a deed, lease, management agreement or other legally binding document and shall be recorded in the public property records of the county in which the property is located. This property control requirement also applies to a project site owned by another governmental 173 of 188 entity. The governmental entity that owns the project site may be joined as a co -applicant to meet this property control requirement. Existing land based development projects that are being repaired, replaced or modified must demonstrate that the project site has been dedicated for public use for at least 25 years with at least 10 years remaining on the dedication document. Property shall also be deemed dedicated for public use if: (a) The property has been designated for the use for which the project is intended (even though there may have been no formal dedication) in a plat or map recorded prior to 1940, or (b) The project sponsor demonstrates that it has had exclusive control over the property for the public use for which the project is intended for a period of at least 30 years prior to submission of the application, or (c) There is no ongoing litigation challenging the designated use of the property as shown on the plat or map, nor has there been any judicial determination contrary to the use by the public for the use shown on the plat or map. (3) Permits: The project sponsor is responsible for obtaining and abiding by any and all federal, state and local permits, laws, proprietary authorizations and regulations in the development and operation of the project. Applicants for construction projects that include elements that require state or federal environmental permits or proprietary authorizations will demonstrate that all required environmental permitting and authorizations will be completed by the third Monday in September. This demonstration will be by submission of the required environmental permit(s) and authorizations, or by submission of a letter from the agency(s) stating that a permit or authorization is not required. Failure to timely submit the required environmental permits and authorizations or letters stating such permits or authorizations are not required shall result in the application not being considered for funding. (4) Public Marina Qualifications: All public marina projects funded through this program shall include sewage pumpout facilities for vessels, unless the applicant can demonstrate that inclusion of such a facility is physically, operationally or economically impracticable. All public marina projects funded through this program shall have at least ten percent (10%) of their slips or mooring areas available for transient vessels. Public marina dockage rates shall be within market comparison of the dockage rates of other area marinas. The public marina will be required to establish and maintain an accounting of the funds for the facility and shall plan for and retain at all times sufficient funds for the on -going maintenance of the facility during its project life. (5) The District may assist eligible local governments with efforts to prepare and implement a comprehensive maritime management plan. The plan shall be utilized by the eligible government to promote and maximize the public benefit and enjoyment of eligible waterways, while identifying and prioritizing the waterway access needs of the community. The plan should not duplicate any existing or ongoing efforts for the same waterway or water shed, nor shall the District participate in any effort that does not address the basic maritime needs of the community. (a) Existing plans may be updated at reasonable intervals or amended to include waterway areas previously not included in the original effort. Public, government, environmental, industry and other pertinent interest groups shall be solicited and included for input in the planning process. (b) The plan shall be utilized as a tool to provide a minimum 5-year planning analysis and forecast for the maritime needs of the community, and shall include, at minimum, the following: 1. Public boat ramp and ramp parking inventory and analysis. 2. Public mooring and docking facility analysis, including day docks and transient slips. 3. Commercial and working waterfront identification and needs analysis. 4. The identification, location, condition and analysis of existing and potential navigation channels. 5. An inventory and assessment of accessible public shorelines. 6. Public Waterway transportation needs. 7. Environmental conditions that affect boat facility siting, a current resource inventory survey, and restoration opportunities. 8. Economic conditions affecting the boating community and boating facilities. 9. Acknowledgment and coordination with existing data and information, including an emphasis on the Intracoastal Waterway. (c) Projects requested for assistance program funding shall be consistent with the applicant's maritime management plan. The applicant should utilize the plan to assist in prioritizing waterway improvement projects. (6) All eligible environmental restoration, enhancement or mitigation projects as well as the environmental restoration, enhancement or mitigation components of other types of projects shall be required to pursue and assign any available mitigation credits to the District for that share of the project funded through the District's Assistance Program. All eligible environmental restoration, enhancement or mitigation projects shall provide public access where possible. (7) Final Decisions: The Board will make all final decisions on the eligibility of a Project or specific project costs. 174 of 188 Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(l)-(3) F3. History -New 12-17-90, Amended 9-2-92. 6-24-93, 2-3-94, 4-12-95. 9- 5-96. 2-6-97, Formerly 16T-2.008, Amended 5-17-98, 3-31-99, 5-25-00, 3-21-01, 7-30-02, 3-20-03, 3-3-04, 4.15-07, 3-25-08, 4-1-09, 2-22-10, 3-7- 11.3-7-12,1-27-14.2-17-15, 2-21-16, 3-25-21, 3-9-23. 66B-2.009 Project Administration. The District will appoint a project manager who shall be responsible for monitoring the project and the project agreement. The project manager shall also be responsible for approving all reimbursement requests. The project sponsor shall appoint a liaison agent, who will be a member of the eligible applicant's staff, to act on its behalf in carrying out the terms of the project agreement. Administration of the project will be as follows: (1) Project Agreement: For each funded project, the District and the project sponsor will enter into a project agreement. The project agreement shall be executed and returned by the project sponsor within six (6) months of the approval of the project fimding and prior to the release of program funds, setting forth the mutual obligations of the parties concerning the project. The project agreement shall incorporate the applicable policies and procedures of the program as outlined in this rule. Project agreements will be for a two-year period with the possibility for one, one-year extension. Any request for a one-year extension of funding shall require submittal by the PROJECT SPONSOR of a request for extension to the DISTRICT no later than July of fiscal year two of the approved project. This request will then be considered by the DISTRICT Board, whose decision shall be feral. In review of these requests, the Board will take into consideration the current status and progress of the project and the ability of the applicant to complete the project within one additional year. (2) Matching Funds: The project sponsor shall clearly identify and enumerate the amount and source of the matching funds it will be using to match the program funds supplied by the District for an approved project. The project sponsor shall provide suitable evidence that it has the matching funds available at the time the project agreement is executed. (3) Agreement Modification: All proposed changes to the project agreement must be submitted to the District in writing by the project sponsor accompanied by a statement of justification for the proposed changes. All project agreement amendments shall be approved by the District Board, except that the Executive Director may approve a minor project agreement amendment for a project within a county with the local District commissioner's concurrence. A minor project amendment shall not change the approved project's category, result in a reallocation of more than 35% of the approved funding of the project among project elements, nor allow for a greater than 35% change in the project scale or scope of work. Project agreement amendments will not include a change to the approved project's location or a change in the approved project's purpose or project type. Agreed changes shall be evidenced by a formal amendment to the project agreement and shall be in compliance with these rules. (4) Project Reporting: The liaison agent will submit quarterly reports to the project manager summarizing the work accomplished since the last report, problems encountered, percentage of project completion and other appropriate information. These reports shall continue throughout the length of the project period until completion of the project. The report shall be submitted on Form 95-02, "Assistance Program Project Quarterly Status Report," dated 7-30-02, hereby incorporated by reference and available at the District office. A Final Project Report shall be submitted at the completion of the project and shall at minimum include: project summary, photo of completed project, final cost, project benefits to the waterway and location address. (5) Reimbursement Requests: The liaison agent may submit periodic reimbursement requests during the project period in accordance with Rule 6613-2.011, F.A.C. The project manager will approve or disapprove all reimbursement requests. The final payment of program funds will be made upon certified completion of the project by the District. (6) Project Inspection: Upon reasonable request, the project manager shall have the right to inspect the project and any and all records relating to the project. (7) Project Completion: The project shall be completed within three (3) years of the date of the beginning of the District's first fiscal year for which the project was approved. If the completion of a project is impacted by a declared state of emergency and the Board waives this rule section, the extension of time granted shall not exceed one additional three (3) year period. (8) Project Completion Requirements: Upon completion of the project, the liaison agent shall provide the foilowing to the project manager. (a) A Project Completion Certificate, FIND Form No. 90-13 (effective date 7-30-02), hereby incorporated by reference and available from the District office, which certifies that the project was completed in accordance with the project agreement and the final project plans. (b) A final reimbursement request accompanied by all required billing statements and vouchers. 175 of 188 (c) Photograph(s) showing the installation of the sign required by Rule 6613-2.013, F.A.C. (d) Photograph(s) of the completed project clearly showing the program improvements. (9) Project Completion Review: The project manager will review the project completion package and will authorize or reject the final reimbursement payment which will include all retained funds from previous requests. Rulemaking Authority 374.976(2) FS Law implemented 374.976(1) FS. History -New 12-17-90, Formerly 16T.2.009, Amended 3-21-01, 7-3M2, 3-7-11, 1-27-14, 3.25-21. 66&2.011 Reimbursement. The District shall release program funds in accordance with the terms and conditions set forth in the project agreement. This release of program funds shall be on a reimbursement only basis. The District shall reimburse the project sponsor for project costs expended on the project in accordance with the project agreement. Project funds to be reimbursed will require the submission of a Reimbursement Request Form and required supporting documents, FIND Form No. 90-14 (effective date 7-30-02) hereby incorporated by reference and available from the District office. (1) Authorized Expenditures: Project funds shall not be spent except as consistent with the project agreement cost estimate that was approved by the Board, which shall be an attachment to the project agreement. This cost estimate will establish the maximum funding assistance provided by the District and the percentage of funding provided by each party to the project. The District will pay the lesser of: (a) The percentage total of project funding that the Board has agreed to fund, or (b) The maximum application funding assistance amount. (2) Phase I Reimbursement: In accordance with these rules, reimbursement cannot be made on a Phase I application until a construction contract is executed by the applicant for the construction phase of the project. If the Phase I project is completed but a construction contract is not executed by the three (3) year project deadline, then the District shall only allow one (1) year from the Phase I project deadline to enter into the required construction contract before the Phase l funding is cancelled. (3) Reimbursement Requests: All project costs shall be reported to the District and summarized on the Reimbursement Request Form. All requests for reimbursement shall include supporting documentation such as billing statements for work performed and cancelled payment vouchers for expenditures made. (4) Retainage: The District shall retain ten percent (10%) of all reimbursement payments until final certification of completion of the project. The District shall withhold any reimbursement payment, either in whole or part, for non-compliance with the terms of this agreement. (5) Check Presentations: A District representative shall present the final reimbursement check to the project sponsor during a public commission meeting or public dedication ceremony for the project facility. (6) Recovery of Additional Project Funding: If the project sponsor receives additional funding for the project costs from another source that was not identified in the original application and that changes the agreement cost -share percentage, the project sponsor shall proportionately reimburse the District's program funds equal to the cost -share percentage in the approved project agreement. The project sponsor shall promptly notify the District of any project payments it receives from a source other than the District. Rulemaking Authority 374.976(2) FS. Lmv Implemented 374.976(1) FS. History -New 12-17-90, Amended 6-24-93, Formerly 16T-2.011, Amended 3-31-99, 7-30.02, 3-7-11. 6611-2.012 Accountability. The following procedures shall govem the accountability of program funds: (1) Accounting: Each project sponsor is responsible for maintaining an accounting system which meets generally accepted accounting principles and for maintaining such financial records as necessary to properly account for all program funds. (2) Quarterly Reports: The project sponsor shall submit quarterly project status reports to FIND in accordance with subsection 66B-2.009(4), F.A.C. (3) Completion Certification: All required final completion certification documents and materials as outlined in subsection 6613- 2.009(g), F.A.C., of this rule shall be submitted to the District prior to final reimbursement of program funds. (4) Auditing: All project records including project costs shall be available for review by the District or by an auditor selected by the District for 3 years after completion of the project. Any such audit expenses inured shall be borne entirely by the project sponsor. 176 of 188 (5) Project Records: The project sponsor shall retain all records supporting project costs for three years after either the completion of the project or the final reimbursement payment, whichever is later, except that should any litigation, claim, or special audit arise before the expiration of the three year period, the project sponsor shall retain all records until the final resolution of such matters. (6) Repayment: If it is found by any State, County, FIND, or independent audit that program funds have not been used in accordance with this rule and applicable laws, the project sponsor shall repay the misused program funds to the District. Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(l) FS. History -New 12-17-90. Formerly 16T-2.012, Amended 7-30-02. 6613-2.013 Acknowledgement. The project sponsor shall erect a permanent sign, approved by the District, at the entrance to the project site which indicates the District's participation in the project. This sign shall contain the FIND logo. In the event that the project sponsor erects a temporary construction sign, this sign shall also recognize the District's participation. if the final product of the project is a report, study or other publication, the District's sponsorship of that publication shall be prominently indicated at the beginning of the publication. if the project results in an educational display, the District's logo and a statement of the District's participation in the project shall be contained in the display. Rulemaking Authority 374.976(2) FS Law Implemented 374.976(1) FS History -New 12-17-90, Formerly 16T-2.013, Amended 2-11-10. 668-2.014 Small -Scale Spoil Island Restoration and Enhancement Projects. Proposals shall be accepted for the restoration or enhancement of spoil islands and natural islands within the District's waterways for recreational, navigational, educational, and environmental purposes. The applicable provisions of this rule apply to these applications with the following additions or exceptions: (1) Application Procedure — A Request for Proposals procedure will be used to request proposals for consideration. Proposals shall follow the format described in FIND Document #03-02, Call for Proposals — Small -Scale Spoil Island Restoration and Enhancement Program (effective date 7-30-02), hereby incorporated by reference and available from the District office. Proposals may be submitted to the District and considered by the Board at any time during the year. (2) Matching Funds: Small-scale spoil island restoration and enhancement may qualify for up to ninety percent (90%) program funds. The applicant's ten percent (10%) matching funds may include in -kind contribution pursuant to paragraph 66B-2.014(4)(b), F.A.C. (3) Eligibility: All proposals must meet the following eligibility criteria to be considered for funding: (a) Management Plan Compliance: Projects shall be in compliance with the provisions of any Spoil Island Management Plans or other management plans that govern the Project site. (b) Property Control: The Project Sponsor must have written property rights on the Project site to construct and maintain the Project for a minimum of five years. Such property rights can be in the forrn of a lease, interlocal agreement, use agreement or other legal form approved by the District. The applicant shall include a map clearly delineating the location of all proposed work included in the application. (4) Funds Allocation: Funds shall be allocated pursuant to Rule 66B-2.005, F.A.C., subject to the exceptions identified in this rule, and with the following additions: (a) The District shall fund a maximum of up to $7,500 per project, not to exceed $22,500 per County, per fiscal year. (b) The Project Sponsor may contribute in -kind construction labor, such in -kind construction labor costs will not be counted by the District as exceeding $10.00 per hour. No administrative costs can be incorporated into the Project as Project costs. (c) The funding provided by the District shall only be allocated for specific Project expenses such as construction materials, plant materials, herbicides, etc. The funding provided by the District shall not be allocated for parties, food or beverages. Rulemaking Authority 374.976(2) FS Law Implemented 374.976(1) F5 History -New 7-30-02, Amended 4-24-06, 3-7-11. 3-25-21. 6611-2.015 Small -Scale Derelict Vessel Removal Projects. Proposals shall be accepted for financial assistance for the removal of derelict vessels within the District's waterways. The applicable provisions of this rule apply to these applications with the following additions or exceptions: (1) Application Procedure — Applications shall be submitted on a completed FIND Form No. 05-01 (Small -Scale Derelict 177 of 188 Vessel Removal Program) (effective date 4-24-06), and FIND Form No. 01-06 (Small -Scale Derelict Vessel Removal Program — Project Cost Estimate), (effective date 4-24-06), hereby incorporated by reference and available from the District office. Applications may be submitted to the District and considered by the Board at any time during the year. (2) The District shall only fund applicants that have identified derelict vessels to be removed and have a current bid for removal for such vessels, or have completed the removal of such vessels within the 6 months preceding the application, subject to eligibility under these program rules. (3) The program must be sponsored by an eligible government agency or not -for -profit organization. (4) District funding shall be limited to $75,000.00 per county, per year, provided on a reimbursement basis only. The limitation on pre -agreement expenses may be waived by the Board in accordance with subsection 66B-2.005(3), F.A.G. (5) The eligible applicant must provide the remaining matching funds for project completion. In no case shall the District's cost - share contribution exceed 75% of the total project costs. In-house project management or administration costs are not eligible costs or matching costs. (6) The derelict vessel must be located in the District's Waterways, as defined in Rule 66B-2.003, F.A.C. The applicant shall include a map clearly delineating the location of all vessels included in the application. (7) The District shall be recognized when possible in all written, audio or video advertising and promotions as a participating sponsor of the program. (8) The funding provided by the District shall only be allocated for removal of derelict vessels. The District is providing program reimbursement funds only and shall be held harmless with regards to the activities initiated by the applicant. (9) The applicant shall be responsible for all maintenance, management, disposal and operating expenses associated with the program. (10) Funds derived from the sale of any derelict vessels or vessel parts removed through this grant program must be reinvested into the applicant's derelict vessel removal program. (11) The District Board shall make all final decisions concerning the provision of funding for this program. Rulemaking Authority 374.976(2) FS. law Implemented 374.976(1) n Hlstory-New 4-24-K Amended 4-15-07, 3-25-08, 3-7-11, 1-27-14, 3-25- 21.3-9-23. 668.2.016 Waterways Cleanup Events. Proposals shall be accepted for financial assistance for the organized removal of refuse within the District's waterways. The applicable provisions of this rule apply to these applications with the following additions or exceptions: (1) Application Procedure: Prior to the event, a request for funding shall be submitted to the District by means of a cover letter detailing the occurrence of the cleanup, contact information, a map of the cleanup locations and the general parameters of the event. In addition, the Applicant will submit a detailed budget clearly delineating the expenditure of all District funds, as well as the overall general budget of the event. Proposals may be submitted to the District and considered by the Board at any time during the year. (2) Availability: The District shall fund a maximum of one clean-up program per waterway, per year within a county, with exception to the provisions of subsections (8) through (10), below. (3) Applicant Eligibility: The clean-up program must be sponsored by a government agency or a registered not -for -profit corporation. (4) Funding: District funding shall be limited to $5,000 per waterway, per county, except for the provisions of subsections (8) through (10), below. (5) The District shall be recognized in all written, online, audio or video advertising and promotions as a participating sponsor of the clean-up program. (6) Funding Eligibility: The funding provided by the District shall only be allocated to reimburse the applicant for out of pocket expenditures related to specific cleanup program expenses such as trash bags, trash collection, haul and landfill fees, gloves, advertising, T-shirts, and related expenses. The funding provided by the District shall not be allocated for parties, meetings, food or beverages. (7) The District Board shall make all final decisions concerning the provision of funding for a clean-up program. In addition to the requirements stated above, a cleanup program implementing all of the following additional incentives will qualify for up to additional $5,000 in clean up funds. (8) The clean-up program budget must provide equal or greater matching funds for all Navigation District funding. 178 of 188 (9) The applicant shall tally and report the composition and location of the waterway -related debris, with the goal to show definitive progress in the amount of refuse collected, a reduction in the overall debris in the waterway, or an increase in the number of additional waterway areas included in the clean up. (10) For each additional $1,000 in Navigation District funding, the applicant shall coordinate a minimum of one waterway collection point or clean up area, or an applicant can conduct an additional waterway cleanup program for the waterway areas. Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS History -New 3-7-11. 179 of 188 &AAkXbYk C FLORIDA INLAND NAVIGATION DISTRICT ASSISTANCE PROGRAM Matching Funds Certification Sponsor: City of Sebastian Working Platedrout Project Title: Extension Phase 1 Project #: iR-SE-23-75 Source of Matching Funds: City of Sebastian Community Redeveloxxnent Agency Amount of Matching Funds: $60, 000 1 hereby certify that the above referenced project Sponsor, as of October 01, 2022, has the required matching funds for the accomplishment of the referenced project in accordance with the Waterways Assistance Program Project Agreement between the Florida Inland Navigation District and the Sponsor, dated Oct. 25, 2023 Project Liaison Name: Brian Benton, City P,anager Project Liaison Signature: k Date: )0 ,1 r. / d o 2 3 *S. 837.06 Florida Statutes, False official statements. - Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 F.S. FIND Form No. 95-01 New 9/9/95 (revised 7-30-02) 180 of 188 EXHIBIT D FLORIDA INLAND NAVIGATION DISTRICT ASSISTANCE PROGRAM PAYMENT REIMBURSEMENT REQUEST FORM PROJECT NAME: PROJECT #: PROJECT SPONSOR: BILLING #. Amount of Assistance A. Less Previous Total Disbursements B. and Less Previous Total Retainage Held Balance Available - Funds Reauested This Disbursement Funds Requested C. Less Retainage (-10% unless final) D. Check Amount - Amount of Assistance Less Total Prior and Current Payments Including all retainage held (B+C) - = Balance Remaining SCHEDULE OF EXPENDITURES Expense Description Check No. Total Applicant (Should correspond to Vendor Name and Date Cost Cost Cost Estimate Sheet Categories In Exhibit "A") FIND - Form No. 80-14 (NOTE; Signature Required on Page 2) Effective Date 7-30-02) FIND Cost 181 of 188 FIND - Form No. M14 Page Two EXHIBIT D (CONTINUED) SCHEDULE OF EXPENDITURES Expense Description Check No. Total Applicant FIND (Should correspond to Vendor Name and Date Cost Cost Cost Cost Estimate Sheet Categories in Exhibit' A") Certification for Reimbursement: I certify that the above expenses were necessary and reasonable for the accomplishment of the approved project and that these expenses are in accordance with Exhibit "A" of the Project Agreement. * Project Liaison Date *S. 837.06 Florida Statutes, False official statements. - Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 F.S. FIND - Form No. M14 Effecclive Date 7-30-02) 182 of 188 FLORIDA INLAND NAVIGATION DISTRICT ASSISTANCE PROGRAM Sponsor: Project Title: Project Completion Certification Project #: I hereby certify that the above referenced project was completed in accordance with the Assistance Program Project Agreement between the Florida Inland Navigation District and , dated 20 , and that all funds were expended in accordance with Exhibit "A" and Paragraph I of the Project Agreement. * Project Liaison Name: Project Liaison Signature: Date: *S. 837.06 Florida Statutes, False official statements. - Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 F.S. FIND Form No. 90-13 (Effective Date: 12-17-90, Revised 7-30-02) 183 of 188 EXHIBIT F ASSISTANCE PROGRAM PROJECT QUARTERLY STATUS REPORT PROJECT NO. PROJECT TITLE: PROJECT SPONSOR: REPORT PERIOD (Please place an " X " in front of the report period and complete the year in the table below.) _ Oct -Dec 20_ ; _Jan -Mar 20_ ; April -June 20 _ ; Auly-Sept 20_ Report Due: (Dec 30) (March 30) (June 30) (Sept 30) WORK ACCOMPLISHED: PROBLEMS ENCOUNTERED: PERCENTAGE COMPLETION: OTHER NOTABLE ITEMS: Form No. 95-02 (Effective Date: 7-30-02) 184 of 188 EXHIBIT G ASSISTANCE PROJECT SCHEDULE OCTOBER 2023- Project Agreement Executed, Project Initiates. DECEMBER 30, 2023- First Quarterly Report Due. - Use Quarterly Status Report Form Exhibit F http://www.aicw.org/assistance-programs/ MARCH 30, 2024- Second Quarterly Report Due. waterway_assistance_programs/indexphp JUNE 30, 2024- Third Quarterly Report Due. SEPTEMBER 30, 2024 - Fourth Quarterly Report Due. DECEMBER 30, 2024- Fifth Quarterly Report Due. MARCH 30,02025- Sixth Quarterly Report Due. JUNE 30, 2025- Seventh Quarterly Report Due. NOTE. If the project will not be completed and all close out paperwork submitted by September 30th , a request for a 1 year extension of the completion date of the project should be submitted with the June 2025 quarterly report. SEPTEMBER 1-30, 2025- Work on Closeout paperwork Closeout paperwork consists of : 1. Project Completion Certificate, FIND Form No. 90-13 (effective date 7-30-02), which certifies that the project was completed in accordance with the project agreement and the final project plans. 2. A final reimbursement request accompanied by all required supporting documentation including bills and canceled payment vouchers for expenditures. 3. Photograph(s) showing the installation of the sign required by Rule 66B-2.013, F.A.C. 4. Photograph(s) of the completed project clearly showing the program improvements. UPS or of format) 5. A Final Project Report (1-2 pages) that shall at minimum include: project name and address, project summary, final cost, and project benefits to the waterway. SEPTEMBER 30, 2025 - End of Grant. All work must be complete closeout paperwork submitted. October 2025- finish processing closeout paperwork, perform project inspection and submit final reimbursement check and coordinates check presentation with sponsor. NOTE. ANYMODIFICATIONS to the PROJECT shall require adiiance notice and prior written approval ofthe District. The appropriate timing for modifications to the project cost estimate, Exhibit A, would be after receipt of bids. *NON-COMPLIANCE by the PROJECT SPONSOR with the reporting schedule in Exhibit G may result in revocation of this agreement pursuant to Section 13 of the project agreement. 185 of 188 r IEBASTIAH11 11H • HH CITY COUNCIL AGENDA TRANSMITTAL FORM COUNCIL MEETING DATE: January 24, 2024 AGENDA ITEM TITLE: Approval of Budget Calendar for Preparation of the Annual Budget and Capital Improvement Program for Fiscal Year 2024-2025. RECOMMENDATION: Approve the Budget Calendar for Fiscal Year 2024-2025. BACKGROUND: The City Council typically approves the Budget Calendar outlining the planned meetings and events that are expected to occur as we prepare and request approval of the Annual Budget and Capital Improvement Program. This allows the participants to have advance knowledge of the process and anticipated meeting times. This year, City Council Workshops have been scheduled for Department Heads to briefly state their budget priorities for the coming year and to reply to any concerns by the City Council. We have not yet been formally notified of the dates planned for by the County and School Board, so those meetings have been scheduled based on the days they have typically selected in past years. According to State Law, the City's public hearings must not be held at the same times as the County and School Board. Although there are a few of the deadlines and dates that cannot be changed, the Budget Calendar is a general guideline and is subject to changes based on new information or unforeseen events. If Agenda Item Requires Expenditure of Funds: Budgeted Amount: N/A Total Cost: N/A Funds to Be Utilized for Appropriation: N/A Attachments: 1. Fiscal Year 2024-2025 Budget Calendar Administrative Services Departaient Revi wA 4�� City Attorney Review Procurement Division Review, if applicable: A14 City Manager Authorization: k. /Ar Date: 1/17 dolt' 187 of 188 CM or SE�LAN LAN �� HOME OF PELICAN ISLAND CITY OF SEBASTIAN - FISCAL YEAR 2024-2025 BUDGET CALENDAR DATE DAY EVENT 01/24/24 Wednesday City Council @6:00pm - Approve Budget Calendar. 02/12/24 Monday Budget Review Advisory Meeting @ 6:00pm — Intro and Organizational Meeting. 03/01/24 Friday Departments Receive Forms and Instructions for Capital Improvement Program. 03/04/24 Monday Budget Review Advisory Board @ 6:00pm — Review 1 st Quarter Budget Report. 03/29/24 Friday Departments Submit Capital Improvement Program Request to Administrative Services. 04/10/24 Wednesday Departments Receive Forms and Instructions on Operating Budget Preparation. 05/01/24 Wednesday Departments Submit Operating Budget Request to Administrative Services. 05/08/24 Wednesday City Council @6:00pm — Approve 2nd Quarter Budget Report. 05/13/24 Monday Budget Review Advisory Board @ 6:00pm — Review 2nd Quarter Budget Report. 05/31/24 Friday Estimate of Property Values Received from Property Appraiser. 06/14/24 Friday Complete Review of Department Request and Balancing of CIP and Draft Budgets. 06/28/24 Friday DR420 Certified Property Values Received from Property Appraiser. 07/10/24 Wednesday City Council and Budget Review Advisory Board Provided Recommended CIP and Operating Budget documents. 07/11/24 Thursday City Council Budget Workshop @ 9:00am — Budget Review With Departments 07/12/24 Friday City Council Budget Workshop @ 9:00am — Budget Review With Departments 07/15/24 Monday Budget Review Advisory Board @6:00pm — Presentation of Draft CEP and Operating Budget and Consider Proposed Millage to be Recommended to City Council. 07/22/24 I Monday I Parks and Recreation Board @ 6:00pm — Review of Recreation Impact Fee Uses in CIP. 07/24/24 Wednesday City Council @6:00pm — Receive Budget Review Advisory Board Recommendation and Approve Proposed Millage. 07/25/24 Thursday Send DR-420 Proposed Millage Form to Property Appraiser. 07/29/24 Monday Budget Review Advisory Board @6:00pm — Review 3rd Quarter Budget Report. 08/21/24 Wednesday City Council @6:00pm — Presentation on CIP and Budget Recommendations. 08/28/24 Wednesday City Council @6:00pm — Approve 3rd Quarter Budget Report. 09/05/24 Thursday Anticipated Final Adoption of School Board Budget. 09/11/24 Wednesday Anticipated First Public Hearing on County Budget. 09/16/24 Monday City Council @6:00pm — Special Meeting for First Public Hearing on the Millage and Budget - Approval of Capital Improvement Program — Approval of Financial Policies. 09/18/24 Wednesday Anticipated Final Public Hearing on County Budget. 09/22/24 Sunday Advertise the Tentative Millage and Proposed Budget Final Public Hearing. 09/25/24 Wednesday CRA/City Council Meeting @6:00pm — Approval of Community Redevelopment Agency Budget - Public Hearing on Final Millage and Final Budget. 09/26/24 Thursday Send Resolution Adopting Final Millage to Property Appraiser. • NOTE Budget Workshops With Department Heads : 9:00am on 7/11/24 — Police, Roads, Fleet, Facilities, Cemetery and Community Development. 9:00am on 7/12/24 - Airport, Golf, MIS, HR, Finance, City Clerk, City Attorney and City Manager/ 188 of 188