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HomeMy WebLinkAbout04-24-2024 CC AgendaSEBASTIAN (FNTENNIAI (FIEBRATION 1914 •1014 SEBASTIAN CITY COUNCIL REGULAR MEETING AGENDA WEDNESDAY, APRIL 24, 2024 — 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED IN THE OFFICE OF THE CITY CLERK OR ON THE CITY'S WEBSITE 1. CALL TO ORDER 2. MOMENT OF SILENCE 3. PLEDGE OF ALLEGIANCE — Led by Council Member McPartlan 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 wider this heading. A. Presentation of Florida Senate Proclamation by Senator Erin Grall Commemorating Sebastian's 100t' Birthday B. Announcement — Mayor Ed Dodd, 2024 Legislative Session Home Rule Hero — Promoting Local Voices Making Local Choices & Protector of Home Rule Powers C. Proclamation — Volunteer Appreciation Week - April 21 — 27 — Accepted by Sebastian Police Department's Community Policing Volunteers D. Proclamation - Functional Neurological Disorder Awareness Month — April 2024 — Accepted by Barbara Brooke -Reese, City of Sebastian MIS Manager BriefAnnouncements: Saturday, April 27 - DEA National Rx Takeback — Sebastian Walmart - IOa to 2pm 1 of 305 Friday, April 26 - Tulip Pond Project Phase 2 Planting — 9am — I1am Friday, April 26 — Chamber of Commerce Concert in the Park — Allen Wronko Band — S:30pm to 8:06pm Thursday, May 2 - National Day of Prayer at City Hall Courtyard —12: 20pm —12: 40pm 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. CONSENT AGENDA - None 9. 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. 10. PUBLIC HEARINGS Procedures for leeislative public hearings: Mayor opens hearing Attorney reads ordinance title Staff presentation Public input Staff summation Mayor closes hearing Council deliberation and action pgs 6-9 A. Ordinance No 0-24-04 — Proposed Land Development Code Amendment — Article III Amending Sections Relating to Mobile Food Establishment Operating Requirements (Transmittal, 0-24-04) AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTION 54-2-3.6 REGARDING PROCEDURES AND CRITERIA FOR MOBILE FOOD ESTABLISHMENTS; PROVIDING FOR SEVERABILITY AND REPEAL OF LAWS IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. 11. UNFINISHED BUSINESS - None 2 of 305 12. NEW BUSINESS pgs 10-12 A. Approve Change Order and Purchase Order for AGG Restoration of Southwest Florida, Inc. in the Amount of $19,300 to Expand the Scope of Work to Include Filling Uneven Areas for Safety and Uniformity Under ITB #24-03 and Authorization for City Manager or Designee to Execute (Transmittal, Quote, Supply Quote) pgs 13-17 B. Approve Resolution No. R-24-23 Authorizing Staff to Apply for a Florida Boater Improvement Program Grant for Main Street Boat Ramp Dredging Design and Permitting in the Amount of $100,000 (Transmittal, R-24-23, Map) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA PROVIDING FOR AUTHORIZATION FOR THE CITY OF SEBASTIAN TO MAKE AND PERFECT A GRANT APPLICATION FOR ASSISTANCE UNDER THE FLORIDA BOATING IMPROVEMENT PROGRAM; PROVIDING FOR LEGISLATIVE FINDINGS AND INTENT; PROVIDING FOR IMPLEMENTING ADMINISTRATIVE ACTIONS; PROVIDING FOR SAVINGS PROVISION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. pgs 18-83 C. City Council Approval of Resolution No. R-24-20 Approving a Piggyback Agreement for Pavement Maintenance and Rehabilitation Services with Asphalt Pavement Systems, Inc. (Transmittal, R-24-20, Ex. A and B, Revised Pricing, Quotes) A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING A PIGGYBACK CONTRACT WITH ASPHALT PAVING SYSTEMS, INC. FOR THE PURCHASE OF PAVEMENT MAINTENANCE AND REHABILITATION SERVICES AND IN SUBSTANTIAL CONFORMITY WITH THE AGREEMENT ATTACHED HERETO AND MADE A PART HERE OF AS "EXHIBIT A"; ADOPTION OF RECITALS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. pgs 84-114 D. Approve Purchase Order for Asphalt Paving Systems, Inc. to Complete Schumann Trail Resurfacing (Transmittal, Quote, Agreement) pgs 115-305 E. Approval of Lease Renewal Between the City of Sebastian and Fisherman's Landing Sebastian, Inc. for Uplands Property and Submerged Land Leased Property Located at 1532 Indian River Drive and Authorize the Mayor to Execute the Appropriate Documentation (Transmittal, Agreement) 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 3 of 305 16. CITY COUNCIL MATTERS A. Mayor Dodd B. Council Member McPartlan C. Council Member Jones D. Council Member Nunn E. Vice Mayor Dixon 17. 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 BYA CERTIFIED COURT REPORTER WILL BE MADE OF THE FOREGOING MEETING. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL, BOARD OR AGENCY WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (F.S.286.0105) IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA) OF 1990, ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 388-8226 — ADA@CITYOFSEBASTL4N. ORG AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. ZOOM INFORMATION Please click the link to join the webinar: https:Hus02web.zoom.us/j/88040504621 Or One tap mobile : +13052241968„88040504621# US +19294362866„88040504621# US (New York) Webinar ID: 880 4050 4621 International numbers available: https://us02web.zoom.us/u/kdF2BB14sO 4 of 305 PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION NO.O-24-07 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 • Council may, by majority vote, call upon an individual to provide input if desired. Workshops and Special Meetings Public input is limited to the item on the agenda Time Limit Input on agenda items where public input is permitted on agendas is FIVE MINUTES; however, City Council may extend or terminate an individual's time by majority vote of Council members present. Input Directed to Chair Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL DELIBERATION of the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR, unless answering a question of a member of City Council or City staff. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, providing, however, the Mayor and members of City Council may recall an individual to provide additional information or to answer questions. Certain Remarks Prohibited Personal, impertinent, and slanderous remarks, political campaigning, and applauding are not permitted and may result in expulsion from the meeting. The Chair shall make determinations on such remarks, subject to the repeal provisions below. Appealing Decisions of Chair Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of City Council shall overrule any decision of the Chair. Public Input Heading on Agenda The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED AGENDA. Individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are asked to provide copies of material for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. 5 of 305 \t 1 SEBASTIAN <IM11001.1(111$Naito$ 1111 1:!1 CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: April 24, 2024 Agenda Item Title: Ordinance No. 0-24-04 - Proposed Land Development Code Amendment - Article III amending sections relating to mobile food establishment operating requirements Recommendation: Hold second reading and public hearing for Ordinance 0-24-04. Background: Currently mobile food establishments are only permitted on a property for a maximum of two days per calendar week. At the February 22, 2023 City Council meeting, Council had a discussion regarding the current Ordinance 0-21-03 Procedures and Criteria for Mobile Food Establishments and the number of days they are allowed to be on a property. Upon discussion, a motion was made, and by a 3-2 vote, Council approved to change the number of days from 2 to 3 days per calendar week. The City Council heard the first reading at a duly noticed public meeting on Wednesday, March 20, 2024. If Agenda Item Requires Expenditure of Funds: Budgeted Amount: NA Total Cost: NA Funds to Be Utilized for Appropriation: NA Attachments: 1. Ordinance 0-24-04 Administrative Services Department Review: City Attorney Review: 4�� 6'�-AA ✓. Procurement Division Review, if applicable: City Manager Authorization: Date: q%1711 o ay 6 of 305 ORDINANCE NO.O-24-04 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING LAND DEVELOPMENT CODE SECTION 54-2-3.6 REGARDING PROCEDURES AND CRITERIA FOR MOBILE FOOD ESTABLISHMENTS; PROVIDING FOR SEVERABILITY AND REPEAL OF LAWS IN CONFLICT HEREWITH; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian hereby finds that it is in the public interest to modify and update certain provisions of the code relating to Mobile Food Establishments; and WHEREAS, the City Council has previously established its intent to modify certain provisions of the Land Development Code with respect to mobile food establishments in order to promote the economic interests of the community; and WHEREAS, the Local Planning Agency held a public hearing on March 7, 2024, and made a recommendation to City Council to approve Ordinance 0-24-04. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. Adoption of Recitals/Advertising. The above recitals are hereby adopted as true, correct and found to be the legislative intent of the City Council of the City of Sebastian. Further, all advertising and public notice requirements have been timely made. Section 2. Textual Amendment. That the Land Development Code, City of Sebastian, Florida, is hereby amended as follows: Amendment 1: ARTICLE M. SPECIAL USE, SPECIAL EXCEPTION AND TEMPORARY USE PERMITS Sec. 54-2-3.6. PROCEDURES AND CRITERIA FOR MOBILE FOOD ESTABLISHMENTS. (d) Operating requirements. (1) Mobile food dispensing vehicles shall be self-contained when operating, and provide their own required trash and/or recycling receptacles, and receptacles for public use. Mobile food establishments shall remove all waste and trash at the end of each day of operation, and prior to vacating their location, and fully comply with F.A.C. Rule 61C-4.0161. (2) Under no circumstances shall grease or any waste materials be released into any stormwater system, tree landscaping area, sidewalks, streets, parking lots, or private/public property. Mobile food establishments shall be responsible to properly discard any waste material in accordance with federal, state, county, municipal, or any laws, rules, regulations, orders, or permits. 1 7 of 305 (3) No more than two mobile food establishments shall operate at the same location at any one time, except as may be permitted as part of an approved temporary use permit on privately -owned property as regulated in section 54-2-3.2. (4) Mobile food establishments are permitted on each property a maximum of no more than three days per calendar week. (5) Class I mobile food establishments operating at a site for a duration longer than four hours shall have an agreement which confirms that employees have access to a flushable restroom within 150 feet of the establishment's location during the hours of operation. (6) Mobile food establishments shall not require the use of more than 10% of existing parking spaces. In addition to the location of the mobile food dispensary vehicle, a 10-foot by 10-foot area, covered or uncovered, may be permitted to accommodate seating and tables, if approved by the property owner. Section 3. Severability. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid provision, thereby causing said remainder to remain in full force and effect. Section 4. Repeal of Laws in Conflict. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 5. Codification. The sections of the Ordinance shall be codified within part of the City Land Development Code and may be renumbered or re -lettered to accomplish such, and the word "ordinance" may be changed to "section," "division," or any other appropriate word. Section 6. Scrivener's Errors. Sections of this Ordinance may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected or re -codified copy of same with the City Clerk. Section 7. Effective Date. This Ordinance shall become effective immediately upon its adoption by the City Council. The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put to a vote, the vote was as follows: Mayor Ed Dodd Vice -Mayor Kelly Dixon Councilmember Fred Jones Councilmember Bob McPartlan Councilmember Christopher Nunn 2 8 of 305 The Mayor thereupon declared this Ordinance duly passed and adopted this day of , 2024. CITY OF SEBASTIAN, FLORIDA &11I01 *y16 JEANETTE WILLIAMS, MMC CITY CLERK ED DODD, MAYOR Approved as to form and legality for reliance by the City of Sebastian only: JENNIFER COCKCROFT, ESQ., BCS CITY ATTORNEY 3 9 of 305 SEBASTIAN (INi(NNIAI (MIRAT109 1914-1014 CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: April 24, 2024 Aaenda Item Title: Approve change order and purchase order for AGG Restoration of Southwest Florida, Inc. in the amount of $19,300 to expand the scope of work to include filling uneven areas for safety and uniformity under ITB 24-03 and authorization for City Manager or designee to execute. Recommendation: Staff recommends City Council approve a change order and purchase order for AGG Restoration of Southwest Florida, Inc. in the amount of $19,300 to expand the scope of work to include filling uneven areas for safety and uniformity under ITB 24-03 and authorization for City Manager or designee to execute. Background: On February 28, 2024, the City Council approved the award of Invitation to Bid 24-03 City of Sebastian Cemetery Monument Leveling. The contract includes raising and leveling monuments. However, there are some sections of the cemetery that include significant gaps between the headstones. These uneven areas must be filled for safety and uniformity from end to end. AGG Restoration of Southwest Florida, Inc. (AGG) provided a quote for the labor to complete the fill of sections 1 and 2 of the cemetery. These are the oldest sections of the cemetery and it is imperative these sections be filled as soon as possible. The City is purchasing the fill material, and City staff will complete the fill of sections 3 and 4 on an as -needed basis. This addition to the scope will bring the project cost to $ 148,620, which is still under the budgeted amount due to the competitive bidding process. Staff is asking for City Council to approve a change order and purchase order in the amount of $19,300 and authorization for City Manager or designee to execute. If Agenda Item Requires Expenditure of Funds: Budgeted Amount: $165,000 Total Cost: $19,300 for this Change Order (Previous award amount was $129,320) Funds to Be Utilized for Appropriation: Cemetery Trust Fund Attachments: 1. AGG Restoration of Southwest Florida, Inc. COI Quote 2. Stavola Aggregate Supply Quote (Provided just as details on cost of materials the City will purchase for this expansion of the scope of work) Administrative Services Departure t Review: K� City Attorney Review: Procurement Division Re ' , if applicable: City Manager Authorization: �' Ar Date: 7 I ad-�y 10 of 305 RESTORAT=SPECIALISTS RECIPIENT: City of Sebastian 1225 Main St. Sebastian, FL 32958 SERVICE ADDRESS: 1921 North Central Avenue Sebastian City Cemetery Sebastian, Florida 32958 Additional dressing work around all newly elevated/leveled headstones (Sections 1 and 2) This quote includes QUOTE #7495 SENT ON: Apr 03, 2024 SENDER: AGG Restoration SW FL PO Box #14495 Bradenton, Florida 34280 Phone: 941-256-1056 Email: cliff@aggrestoration.com Website: www.aggrestoration.com AGG will fill in all surrounding areas in Sections 1 and 2 with a combination of pea gravel and larger stone mixed with sand to mimic the finished look of the front rows in Section 2 near US Highway 1. This work will fill in and remove all divots surrounding newly elevated headstones while eliminated a liability hazard (trip/fall) and providing a nicely finished look. This also adds an additional layer of integrity/strength to the leveling work to hold all elevated stones in place for long term stability/uniformity. All labor, equipment and lodging. DOES NOT include materials (#89 pea gravel and #57 3/4" gravel). The terms of this quote are based on the City of Sebastian providing this material at no cost to AGG. Thank you for the opportunity. We appreciate it. This quote is valid for the next 30 days, after which values may be subject to change. 1 $19,300.00 $19,300.00 0 $0.00 Total $0.00 $19,300.00 11 of 305 £A5 STAVOLADate 4/17/2024 AGGREGATE SUPPLY Valid Until 5/17/2024 Quote # 1868 610 CENTERLANE ROAD Prepared by l-&ta Selph FELLSMERE FL, 32948 lena@stavolaa.Rgregate.com 321-289-7000 Bill to: City of Sebastian Ship to: North Central Ave & US1 Material Quanity Unit Descrition Price Line Total 20.00 Ton Commercial #57 Stone $ 24.00 $ 480.00 20.00 Ton Commercial #89 Stone $ 30.00 $ 1500.00 Ton $ - Ton $ - Ton $ - Ton $ - Ton $ - TAXES WILL BE APPLIED TO MATERIAL 'Supply based on availability as of quote date Trucking Quanity Unit Descrition Price Line Total 40.00 Ton Fuel Surcharge $ 1.00 $ 40.00 20.00 Ton Commercial #57 Stone $ 9.00 $ 1.80.00 20.00 Ton Commercial #89 Stone $ 9.00 $ 3.80.00 Ton $ - Ton $ - Ton $ - Ton $ - Trucking allows for up to 15 minutes on site, any trucks on site longer than 15 minutes may result in an increase in trucking price. 20 Tons minimum on loads we haul. Fuel Surcharge will increase as fuel prices increase. Please sign and return this document as acceptance of this quote Signature Print Name Date Request for additional tickets after sale $5.00 Ticket 12 of 305 SEBASTIAN S MIIMMI�1 cl ll!l� N I/f1 lO71 CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: April 24, 2024 Agenda Item Title: Approve Resolution No. R-24-23 authorizing staff to apply for a Florida Boater Improvement Program Grant for Main Street Boat Ramp Dredging Design and Permitting in the Amount of $100,000. Recommendation: Approve Resolution No. R-24-23 authorizing staff to apply for Florida Boater Improvement Program funds for the design and permitting for the dredging of Main Street Boat Ramp and provide authorization for the Mayor to execute. Background: The Main Street boat ramp is a heavily used access point for City of Sebastian residents and visitors. The ramp area provides easy access in and out of the water at the center of the City's Sebastian Waterfront District. To continue accommodating vessels of varying sizes, the area in front of the ramp is in need of dredging. At the February 28, 2024 meeting, City Council approved a resolution approving an application to the Florida Boater Improvement Program for the dredging, however, we will not be able to meet the timelines for design, permitting and construction as identified by the grantor so we are revising our application in order to fund only design and permitting. The project will be included in the FY2025 Capital Improvement Plan and we plan to supplement this with other grant funding. If Agenda Item Reauires Exaenditure of Funds: Budgeted Amount: $50,000.00 Total Cost: $100,000.00 Funds to Be Utilized for Appropriation: Grant funds and Parks Department CIP Attachments: 1. Resolution R-24-23 2. Main Street Boat Ramp Map Administrative Services Department Review: v City Attorney Review: Procurement Division Review, if applicable: f City Manager Authorization: Date: ' %/ ?%d �Y 13 of 305 RESOLUTION NO. R-24-23 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, PROVIDING FOR AUTHORIZATION FOR THE CITY OF SEBASTIAN TO MAKE AND PERFECT A GRANT APPLICATION FOR ASSISTANCE UNDER THE FLORIDA BOATING IMPROVEMENT PROGRAM; PROVIDING FOR LEGISLATIVE FINDINGS AND INTENT; PROVIDING FOR IMPLEMENTING ADMINISTRATIVE ACTIONS; PROVIDING FOR A SAVINGS PROVISION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ADOPTED AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA AS FOLLOWS: SECTION 1. LEGISLATIVE FINDINGS AND INTENT. (a). The City of Sebastian has complied with all requirements and procedures of Florida law in processing and advertising this Resolution. (b). The City of Sebastian, Florida, is interested in applying for project and grant approval, receiving and accepting grant funds, and carrying out a project for the enjoyment of the citizens of the City of Sebastian and the State of Florida, which Project will have a multiplicity of benefits to the City and the State, which Project is commonly known as and referred to as the "Main Street Boat Ramp project." (c). Financial assistance from the Florida Boating Improvement Program (FBIP) is essential to the implementation of the development of the Main Street Boat Ramp proj ect. (d). The City of Sebastian has developed and maintained a very good relationship with the State of Florida and its agencies over the years, and the City and State have worked well together in grant and funding relationships for the benefit of the State of Florida and its public welfare. SECTION 2. APPROVAL OF FBIP GRANT. (a). The City Council of the City of Sebastian hereby approves the FBIP grants for the Main Street Boat Ramp project. (b). The City Manager is authorized to make application and re -application, as needed, to the State of Florida under the FBIP grant program in the amount of $50,000 on behalf of the City in order to obtain partial funding from the State of Florida for the Project. (c). The City Manager is authorized to encumber matching funds in the amount of $50,000 on behalf of the City in order to obtain funding, as referenced herein, from the State of Florida for the Main Street Boat Ramp project. SECTION 3. COVENANTS O F THE CITY OF SEBASTIAN. (a). The City of Sebastian certifies to the State of Florida and agrees that: 14 of 305 (1). The City will accept the terms and conditions set forth in FBIP grant Agreement. (2). The City has the ability and intention to finance the cost of the Main Street Boat Ramp project and that the Project will be operated and maintained at the expense of the City for public use. (3). The City will not discriminate against any person on the basis of race, color, religion, disability, or national origin in the use of any property or facility acquired or developed pursuant to the FBIP grant for the Project and shall comply with the terms and intent of the Title VI of the Civil Rights Act of 1964, Public Law 88-352 (1964) and all other controlling law. The City shall design and construct all facilities relating to the Main Street Boat Ramp project in order to fully comply with all laws, statutes, rules, regulations, codes, and ordinances relating to accessibility by disabled persons, including, but not limited to the Americans with Disabilities Act. The City of Sebastian shall also comply with all other applicable federal, state, and local laws, codes, ordinances, rules, regulations, and requirements. (4). The City will maintain adequate financial records on the Main Street Boat Ramp project to substantiate claims for reimbursement and in order to appropriately accomplish any and all pre -audits and post -audits of the expenditure of public funds as well as a performance review of the Project and the achievement of the goals and objectives of the FBIP grant program. SECTION 4. IMPLEMENTING ADMINISTRATIVE ACTIONS. (a). The Mayor of the City of Sebastian is hereby authorized to execute the grant agreements relating to the FBIP grant program. (b). The City Manager, or designee, is hereby authorized and directed to implement the provisions of this Resolution by means of such administrative actions as may be deemed appropriate. (c). The City Manager, or designee, is hereby authorized to expend such City funds as may be necessary to accept and implement the grant under the FBIP grant program for the Main Street Boat Ramp project. SECTION 5. SAVINGS. The prior actions of the City of Sebastian relating to the development of boating facilities and related activities are hereby ratified and affirmed. SECTION 6. CONFLICTS. All resolutions or parts of resolutions in conflict with this Resolution are hereby repealed. 15 of 305 SECTION 7. SEVERABILITY. If any section, sentence, phrase, word, or portion of this Resolution is determined to be invalid, unlawful, or unconstitutional, said determination shall not be held to invalidate or impair the validity, force, or effect of any other section, sentence, phrase, word, or portion of this Resolution not otherwise determined to be invalid, unlawful, or unconstitutional. SECTION 8. EFFECTIVE DATE. This Resolution shall become effective immediately upon enactment. PASSED AND ADOPTED THIS _ DAY OF 2024. VOTE WAS MADE AS FOLLOWS: MAYOR DODD AYE _ NO VICE MAYOR DIXON AYE _ NO COUNCIL MEMBER JONES AYE _ NO COUNCIL MEMBER MCPARTLIN AYE _ NO COUNCIL MEMBER NUNN AYE NO CITY OF SEBASTIAN ED DODD, MAYOR ATTESTATION JEANETTE WILLIAMS CITY CLERK APPROVED AS TO FORM & LEGALITY: JENNIFER COCKCROFT CITY ATTORNEY 16 of 305 Q. vkz"'M SEBASTIAN CENTENNIAI<EIEBRATION 1914.1014 CITY COUNCIL- AGENDA TRANSMITTAL Council Meeting Date: April 24, 2024 Agenda Item Title: City Council Approval of Resolution R-24-20 approving a piggyback agreement for pavement maintenance and rehabilitation services with Asphalt Pavement Systems, Inc. Recommendation: Staff Recommends Approval of R-24-20 approving a piggyback agreement for pavement maintenance and rehabilitation services with Asphalt Pavement Systems, Inc. and authorize the City Manager to execute the piggyback agreement. Background: Asphalt Pavement Systems, Inc. (APS) has an existing contract with the Board of Sumter County Commissioners (Sumter County) effective through November 14, 2025 (with an additional two (2) — one year renewals) that the City of Sebastian is seeking to piggyback. The piggyback will be used to complete all 2022 roadway paving and all 2023 roadway projects. The City does have a contract with APS. However, after pricing 2022 and 2023 roadway paving, APS determined they could not honor their contract pricing (last revised by Council in July 2023) due to increased plant costs. APS provided revised contract prices for the City's contract, RFP 19-03, and their contract with Sumter County as a proposed solution. In review of the revised pricing and piggyback option, Staff determined it was more beneficial to piggyback the Sumter County contract. Chapter 287, Florida Statutes and City Code of Ordinances Section 2-10 grant the City authority to piggyback the purchase of goods and services as a form of inter -governmental purchasing. This allows smaller agencies to take advantage of the better pricing that other entities were able to obtain and reduce administrative time and costs involved in the procurement process (i.e., cost of preparing bid specifications, advertising, etc.). In order to fund this project approval is being requested to reallocate the American Rescue Plan Act Funds (ARPA) as follows: reallocate the $700,000 budgeted for the Concha Dam project as well as $213,120 from the Riviera and Gardenia project to the road rehabilitation project. Concha Dam and the funds necessary for the Riviera and Gardenia project will be funded by Discretionary Sales Tax funds. Staff is seeking approval of execution for the piggyback agreement with Asphalt Paving Systems, Inc., for pavement maintenance and rehabilitation services as outlined above, and for approval of the execution of the agreement by the City Manager. If Agenda Item Requires Exaenditure of Funds: Budgeted Amount: $ 1,205,880 Total Cost: $2,119,000 Funds to Be Utilized for Appropriation: American Rescue Plan Act Attachments: 1. R-24-20 Asphalt Paving Systems Resolution 2. Exhibit A - 045-0-2023 ITB Sumter County Asphalt Paving Agreement 3. Exhibit B - 045-0-2023 ITB City of Sebastian Piggyback Agreement 4. Asphalt Paving Systems, Inc. Revised Pricing ITB 5. Revised 2022 reconstruction and preservation Quotes from APS 6. Revised 2023 reconstruction and preservation Quotes from APS Administrative Services Depa pent Review: City Attorney Review: Procurement Division &V/iew, if applicably . City Manager Authorization Date: 9// 7 A*)-q 18 of 305 RESOLUTION NO. R-24-20 A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA, APPROVING A PIGGYBACK CONTRACT WITH ASPHALT PAVING SYSTEMS, INC. FOR THE PURCHASE OF PAVEMENT MAINTENANCE AND REHABILITATION SERVICES AND IN SUBSTANTIAL CONFORMITY WITH THE AGREEMENT ATTACHED HERETO AND MADE A PART HERE OF AS "EXHIBIT A."; ADOPTION OF RECITALS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 287, Florida Statutes and City Code of Ordinances Section 2-10, whenever advantageous to the City, the City may utilize bids that have been awarded or under contract by the state, county or other governmental agencies; and WHEREAS, Asphalt Paving Systems, Inc. has an existing contract under the Board of Sumter County Commissioners effective through November 13, 2025 (with two (2) additional tone (1) year renewal periods), see attached "Exhibit A," that the City of Sebastian is seeking to piggyback for the purchase of the above referenced pavement maintenance and rehabilitation services; and WHEREAS, the City finds it is in the City's best interest to enter into an agreement to contract between Asphalt Paving Systems, Inc. and the Board of Sumter County Commissioners (a political subdivision of the State of Florida), see attached "Exhibit B," for the purchase of pavement maintenance and rehabilitation services when advantageous to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA: SECTION 1. RECITALS. The above recitals are hereby found to be true and correct and are hereby adopted as the legislative intent of the City of Sebastian, Florida. 1 19 of 305 SECTION 2. AUTHORIZATION. The City of Sebastian, Florida hereby authorizes the piggyback contract referenced above for the purchase of services specified in this Resolution, and authorizes the Mayor or his designee and the City Clerk, as attesting witness, on behalf of the City to issue purchase order to Asphalt Pavement Systems, Inc. in an amount not to exceed $15,000, for the purchase of pavement maintenance and rehabilitation services and in substantial conformity with the agreement attached hereto as "Exhibit A" and the City's supplemental agreement attached hereto as "Exhibit B." SECTION 3. CONFLICTS. If any section, sentence, phrase, word, or portion of this Resolution is determined to be invalid, unlawful or unconstitutional, said determination shall not be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase, word, or portion of this Resolution not otherwise determined to be invalid, unlawful, or unconstitutional. SECTION 4. 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 designee, without need of further action by the City Council by filing a corrected copy of same with the City Clerk. SECTION 5. EFFECTIVE DATE. This Resolution shall become effective immediately upon adoption by the City Council. The foregoing Resolution was passed for adoption by Council Member , was seconded by Council Member , and upon being put to a vote, the vote was as follows: 2 20 of 305 Mayor Dodd Vice Mayor Dixon Council Member Jones Council Member McPartlan Council Member Nunn The Mayor thereupon declared this Resolution duly passed and adopted this day of 2024. ATTEST.• CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA Ed Dodd, Mayor Approved as to form and Legality: Jeanette Williams, City Clerk Jennifer Cockcroft, Esq., City Attorney 3 21 of 305 EXHIBIT A SUMTER COUNTY COUNTYWIDE PAVEMENT MAINTENANCE AND REHABILITIATION SERVICES AGREEMENT THIS AGREEMENT (hereinafter referred to as "Agreement") is made and entered into this 141 day of November, 2023, by and between Board of Sumter County Commissioners (hereinafter referred to as "Board," or "County"), whose address is 7375 Powell Road, Wildwood, Florida 34785, and Asphalt Paving Systems, Inc. (hereafter referred to as "Vendor"), whose address is 8940 Gall Boulevard, Zephyrhills, Florida 33541. RECITALS WHEREAS, the Board has need of professional services for ITB 045-0-2023/RS; and WHEREAS, the parties desire to enter into a written agreement outlining the duties, responsibilities and compensation of Vendor, based on the Vendor's response to ITB 045-0- 2023/RS Countywide Pavement Maintenance and Rehabilitation Services. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements contained herein, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. The relationship of the Vendor to the Board will be that of a professional Vendor and the Vendor will provide the professional and technical services required under this Agreement in accordance with acceptable professional practices and ethical standards applicable to Vendor's profession, and Vendor will endeavor to provide to the Board prompt and efficient services to the best of its ability. 2. Vendor is hereby retained and employed as a Sumter County Contactor, and will work with the Board to provide services in accordance with the scope of work outlined in ITB 045-0- 2023/RS. 3. The term of this Agreement shall commence on November 14, 2023 and continue full force for two years with an additional two (2) — one year renewals from the date established in the Notice to Proceed, unless otherwise terminated as provided in paragraph four (4) of this Agreement. The term of this Agreement does not relieve the Vendor of any future responsibility as described in paragraph six (6) of this Agreement. 4. This Agreement may be terminated by either party upon thirty (30) days prior written notice to the other party at the address designated in this Agreement for receiving such notice. If this Agreement is terminated, Vendor shall be authorized to receive payment for all work performed up to the date of termination. 1. With regard to compensation paid to Contractor, Contractor shall furnish to the Board an itemized invoice detailing all of Contractors hours, services, expenses and any other services utilized by the Board. The invoice shall be itemized pursuant to and in accordance with the Fee Schedule, attached hereto as Exhibit A, and incorporated herein in haec verba. Contractor shall submit all invoices pursuant to the Local Government Prompt Payment Act, F.S. 218. Contractor acknowledges and agrees that the rates set forth in the Fee Schedule shall remain fixed throughout the duration of this Agreement, including both the 22 of 305 Initial Term and any Renewal Term, and thereafter shall only be adjusted by mutual written agreement of both parties. a. For construction services progress payments, 5 percent (5%) of the payment will be withheld. 2. General Considerations. a. All reports, drawings, designs, specifications, notebooks, computations, details, and calculation documents prepared by Vendor and presented to the Board pursuant to this Agreement are and remain the property of the Board as instruments of service. b. All analyses, data, documents, models, modeling, reports and tests performed or utilized by Vendor shall be made available to the Board upon request and shall be considered public records. c. Vendor is required to: (i) keep and maintain public records required by Board; (ii) upon request from Board' s custodian of public records, provide Board with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a reasonable or as otherwise provided by law; (iii) ensure that public records that are exempt or, confidential and exempt, from public records disclosure requirements are not disclosed except as authorized by law for the duration of this Agreement and following completion of this Agreement if Vendor does not transfer the records to Board; (iv) upon completion of this Agreement, transfer, at no cost, to Board all public records in possession of Vendor or keep and maintain public records required by Board. d. If Vendor transfers all public records to Board upon completion of this Agreement, Vendor shall destroy any duplicate public records that are exempt or, confidential and exempt, from public records disclosure requirements. If Vendor keeps and maintains public records upon completion of this Agreement, Vendor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to Board, upon request from Board's custodian of public records, in a format that is compatible with the information technology systems of Board. e. Vendor shall keep all books, records, files, drawings, plans and other documentation, including all electronically stored items, which concern or relate to the services required hereunder (the "Records"), for a minimum of five (5) years from the date of expiration or termination of this Agreement, or as otherwise required by any applicable law, whichever date is later. The Board shall have the right to order, inspect, and copy all the Records as often as it deems necessary during any such period -of -time. The right to audit, inspect, and copy Records shall include all of the records of sub -Vendors (if any). f. Vendor shall, at all times, comply with the Florida Public Records Law, the Florida Open Meeting Law and all other applicable laws, rules and regulations of the State of Florida. g. IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE VENDORS' DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 352-689-4400, Sumter County Board of County Commissioners, 7375 Powell Road, Wildwood, Florida 34785 or via email at Records@sumtercountyfl.gov. 23 of 305 h. Vendor shall, at all times, carry General Liability, Automobile and Worker' s Compensation Insurance pursuant to the insurance requirements in ITB 045-0- 2023/RS, naming Board as both a certificate holder and an additional insured in each such policy. i. Upon Vendor's written request, the Board will furnish, or cause to be furnished, such reports, studies, instruments, documents, and other information as Vendor and Board mutually deem necessary, and Vendor may rely upon same in performing the services required under this Agreement. j. Vendor is obligated by this agreement to comply with Section 20.055(5), Florida Statutes. k. Any entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non -responsive contractor may not submit a bid. The Vendor may be required to provide additional services to the Board on challenges, public protests, administrative hearings or similar matters. The Vendor shall be available to represent the Board, serve as an expert witness, and provide supporting documentation as necessary. Should any other professional services be called for by the Board that are not otherwise set forth in this Agreement or any of its attachments or exhibits, charges for these services shall be agreed upon in advance by the parties hereto. 4. The Contract Documents, which comprise the entire Contract between Board and Vendor and which are further incorporated herein by reference, consist of the following: a. ITB 045-0-2023/RS b. Vendor's Bid in Response to ITB 045-0-2023/RS c. This Agreement d. Permits / Licenses e. All Bid Addenda Issued Prior to Opening Date f. All Modifications and Change Orders Issued 5. Vendor shall be solely and entirely responsible for its tortious acts and for the tortious acts of its agents, employees, or servants during the performance of this Agreement. Vendor shall indemnify and save harmless the Board, its agents, employees and officers from and against all liabilities, claims, demands, or actions at law and equity including court costs and attorney's fees that may hereafter at any time be made or brought by anyone for the purposes of enforcing a claim on account of any injury or damage allegedly caused or occurring to any person or property in which was caused in whole or in part by any tortious, wrongful, or intentional acts or omissions of Vendor, its agents, or employees during performance under this Agreement. The foregoing is not intended, and shall not be construed, as a waiver by Board of the benefits of Section 768.28, Florida Statutes. 6. Vendor is, and shall be, in the performance of all services and activities under this Agreement, an independent contractor, and not an employee, agent, or servant of Board; and no provisions of Board's personnel policies shall apply to this Agreement. None of the benefits provided by Board to its employees including, but not limited to, worker' s compensation insurance and unemployment insurance, are available from Board to Vendor, or its employees, agents or servants. Vendor assumes responsibility for payment of all federal, state and local taxes imposed or required of Vendor including but not limited to FICA, FUTA, unemployment insurance, Social Security and income tax laws for which Vendor as employer is responsible. Vendor shall be solely responsible for any worker's 24 of 305 compensation insurance required by law and shall provide the Board with proof of insurance upon demand. The parties agree that Board shall not: (a) pay dues, licenses or membership fees for Vendor; (b) require attendance by Vendor, except as otherwise specified herein; (c) control the method, manner or means of performing under this Agreement, except as otherwise specified herein; or (d) restrict or prevent Vendor from working for any other party. 7. Force Majeure. No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder)], when and to the extent such failure or delay is caused by or results from the following force majeure events ("Force Majeure Events"): (a) acts of God; (b) flood, fire, earthquake or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, warlike operation, insurrection, rebellion, revolution, military or usurped power, sabotage or other civil unrest; (d) strikes, embargoes, blockades, labor stoppages, lockouts or slowdowns or other industrial disturbances or inability to obtain necessary materials or services (e) governmental delay regarding permits or approvals; (f) action by any governmental authority; (g) national or regional emergency; (h) shortage of adequate power or transportation facilities; or 0) other similar events beyond the reasonable control of the party impacted by the Force Majeure Event (the "Impacted Party") and provided further, however, that such performance shall be resumed and completed with due diligence and reasonable dispatch as soon as the contingency causing the delay or impossibility shall abate. 8. Attorney's Fees; and Costs of Enforcement. In the event suit is commenced to enforce this Agreement, costs of said suit including reasonable attorneys' fees in all proceedings, trials, investigations, appearances, appeals and in any bankruptcy proceeding or administrative proceeding shall be paid to the prevailing party by the non -prevailing party. In the event of default by either party hereto, the defaulting party shall be liable for all costs and expenses, including reasonable attorney' s fees and costs incurred by the other party in enforcing its rights hereunder, whether litigation be instituted or not, at the trial court and appellate court level. 9. Law of the Agreement; Jurisdiction and Venue. The Parties agree that the laws of the State of Florida shall govern any dispute arising from or related to this Agreement. The Parties to this Agreement agree that venue and jurisdiction is mandated to lie only in the state courts located in Sumter County, Florida. Removal of this case to federal court is not permitted. Litigation in federal court is precluded by agreement of the parties hereto. If, even though precluded by agreement of the Parties hereto, litigation arising from or based upon this contract should be mandated by a court of competent jurisdiction issued pursuant to a duly noticed hearing giving Sumter County adequate time to respond and all of the benefits of due process to lie in the proper venue or jurisdiction of a federal court, that federal court shall only be in the Middle District of Florida, Ocala Division. The Parties further agree that entry into this agreement constitutes irrevocable consent that the exclusive venue for any such dispute shall lie solely in the state or county courts in and for Sumter County, Florida. The Parties expressly and irrevocably waive any right(s) to removal of any such dispute to any federal court, unless the federal court has exclusive jurisdiction; in such cases, the parties agree that the exclusive venue for any such disputes shall be the United States District Court, in and for the Middle District of Florida, Ocala Division. Process in any action or proceeding referred to in this paragraph may be served on any party anywhere in the world, such party waives any argument that said party is not 25 of 305 subject to the jurisdiction of the state courts located in Sumter County, Florida and that the laws of the state of Florida. 10. Entire Agreement. This Agreement contains the entire agreement of the Parties and may not be changed except by written agreement duly executed by the Parties hereto. This Agreement supersedes any prior understandings or agreements between the Parties, and there are no representations, warranties, or oral agreements other than those expressly set forth herein. 11. Assignment. This Agreement shall not be assigned nor may any portion of the obligations contemplated in this Agreement be subcontracted to another party without prior written approval of County. No such approval by County of any assignment or subcontract shall be deemed in any event or in any manner to provide for the incurrence of any obligation of County. All such assignments and subcontracts shall be subject to the terms and conditions of this Agreement and to any conditions of approval that County shall deem necessary. 12. Compliance with Licenses, Permits, and Applicable Laws. In performing services hereunder, Vendor shall comply with all federal, state and local laws and regulations. Vendor shall be responsible for identifying and obtaining all permits necessary to complete the scope of services. Vendor shall be responsible for obtaining, at its sole cost and expense, all necessary license licenses and other governmental approvals required in order for Vendor to provide the type of services required hereunder. 13. E-Verify: system established by the U.S. Department of Homeland Security to determine the immigration and work -eligibility status of prospective employees. 14. The Vendor agrees to certify to the Board that Vendor is in compliance with the federal E- Verify program, including obtaining written certification from all sub -Vendors who will participate in the performance of scope of services contemplated in this Agreement. All sub -Vendor certifications must be kept on file by the Vendor and made available to the state and/or the Board upon request. The Board reserves the right to take action against any Vendor deemed to be non -compliant; potential actions may include, but are not limited to, cancellation of this Agreement and/or suspending or debarring the Vendor from performing services for the County. 15. Conflict of Interest. Vendor shall notify Board in writing of any commitments during the term of this Agreement which may constitute a potential or actual conflict of interest with respect to the scope of services to be performed for the Board. 16. Corporate Status; Change of Ownership. If Vendor is a non -governmental, corporate entity: a. Corporate Status. Vendor shall ensure that the corporate status shall continuously be in good standing and active and current with the state of its incorporation and the State of Florida and at all times throughout the Term, and any renewal or extension hereof. Failure of the Vendor to keep its corporate status active and current shall constitute a material breach under the terms of this Agreement. b. Change of Ownership. Vendor shall notify County immediately upon any change in corporate ownership or any substitution of the key professional 26 of 305 assigned (the "Key Person") to perform under this Agreement ("Change of Ownership"). County shall have the option of cancelling this Agreement if a Change of Ownership is not suitable to it, provided however, no cancellation shall relieve the Vendor of its obligations to perform the work described herein or for liability for breach of same. A Change of Ownership means the occurrence of any one or more of the following: a sale, lease, or other disposition of 50% or more of the interest or assets of the company or corporation; a merger, reverse merger or consolidation with another entity; a transaction wherein a third -party becomes the beneficial owner having fifty (50%) percent or more interest in the corporation or company; or fifty (50%) percent or more of the total number of votes that may be cast for any act of the entity. 21. Default Neither Party shall declare the other party in default of any provision of this Agreement without giving the other party at least ten (10) days advance written notice of intention to do so, during which time the other party shall have the opportunity to remedy the default. The notice shall specify the default with particularity. 22. Dispute Resolution. All disputes arising out of or in connection with this Agreement shall be attempted to be settled through good -faith negotiation between the Parties, followed if necessary within thirty (30) days by professionally -assisted mediation. Any mediator so designated must be acceptable to each Party. The mediation will be conducted as specified by the mediator and agreed upon by the Parties. The Parties agree to discuss their differences in good faith and to attempt, with the assistance of the mediator, to reach an amicable resolution of the dispute. The mediation will be treated as a settlement discussion and therefore will be confidential. The mediator may not testify for either Party in any later proceeding relating to the dispute. No recording or transcript shall be made of the mediation proceedings. Each Party will bear its own costs in the mediation. The fees and expenses of the mediator will be shared equally by the Parties. Failing resolution through negotiation or mediation, either Party may file an action in a court of competent jurisdiction or other appropriate remedy available in law or equity as defined herein below. 23. Jointly Drafted. The Parties agree that this Agreement is entered into knowingly and voluntarily, after having the opportunity to fully discuss it with an attorney. Having had the opportunity to obtain the advice of legal counsel to review, comment upon, and redraft this Agreement, the Parties agree that this Agreement shall be construed as if the parties jointly prepared it so that any uncertainty or ambiguity shall not be interpreted against any one party and in favor of the other. 24. Parties Acknowledgement; Parties Bound. The Parties acknowledge that they have read this Agreement, and that they understand the terms and conditions herein and that the terms have been fully and completely explained to the Parties prior to the execution thereof. Each party acknowledges that the other party has made no warranties, representations, covenants, or agreements, express or implied, except as expressly contained in this Agreement. Further, the Parties have caused this Agreement to be executed on their respective behalf by the authorized officer whose signature appears below under their respective name, to be effective as of the date first written above. This Agreement shall inure to the benefit of and be binding upon the Parties, their successors, heirs, and personal representatives. 27 of 305 25. Waiver. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by any party. 26. Time is of the Essence. Time shall be of the essence of this Agreement. 27. Survivability. Any provision of this Agreement, which obligates any of the Parties to perform an obligation either before the commencement of the Term or after the expiration of the Term, or any renewal or extension thereof, shall be binding and enforceable notwithstanding that performance is not within the Term, and the same shall survive. 28. Severability. Whenever possible each provision and term of this Agreement will be interpreted in a manner to be effective and valid but if any provision or term of this Agreement is held to be prohibited or invalid, then such provision or term will be ineffective only to the extent of such prohibition or invalidity, without invalidating or affecting in any manner whatsoever the remainder of such provision or term or the remaining provisions or terms of this Agreement. 29. Counterparts. This Agreement may be executed in a number of identical counterparts and a facsimile or electronic/digital copy shall be treated as an original. If so executed, each of such counterparts is to be deemed an original for all purposes, and all such counterparts shall, collectively, constitute one agreement. In making proof of this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 30. Section and Paragraph Headings. Captions or paragraph headings herein contained are for organizational convenience only and shall not be constructed as material provisions of this agreement or to limit any provisions hereunder. 31. Cooperation; Supplementary Actions. All Parties agree to cooperate fully and to execute any supplementary documents, and to take any additional actions that may be necessary or appropriate to give full force and effect to the basic terms and intent of this Agreement, and which are not inconsistent with its terms. 32. Miscellaneous. Whenever the context shall so require, all words in this Agreement of one gender shall be deemed to include the other gender. 33. Incorporation of Recitals. Each of the WHEREAS clauses listed above are hereby re - alleged and incorporated into this Agreement as if otherwise fully stated herein. 34. Notice. Whenever any notice, demand or request is required or permitted hereunder, such notice, demand or request shall be made in writing and shall be personally delivered to the individuals listed below, sent via prepaid courier or overnight courier, or deposited in the United States mail, registered or certified, return receipt requested, postage prepaid, addressed to the addresses (and individuals) set forth below. No other form of electronic communications (Facebook, Twitter, Text) will be deemed Notice. 28 of 305 FOR THE BOARD Name: Bradley S Amold Address:7375 Powell Road Wildwood. FL 34785 Title: Countv Administrator FOR THE VENDOR Asphaft Pavinq Systems, Inc Name: Robert Capofern AddnM: 8940 Gall Blvd, Zephvrhills, FIL 33541 Title: President Date: 11/3/2023 S WHEREOF, the parties have signed this agreement the day and year first above ATTEST: By: �' Kenneth K essina / Secretary SUMTER COUNTY BOARD OF COUNTY MMISSIONERS By: Chairman Date Signed: ASPHALT PAVING SYSTEMS, INC. By` —Robert Capofern / President Date Signed: 11/Y2023 29 of 305 EXHIBIT A Bid Form Telephone: (352) 689-4400 Fax: (352) 6694401 Re: ITB 045-0-2023/RS COUNTYWIDE PAVEMENT MAINTENANCE AND REHABILITATION SERVICES 1, Having carefully examined the ITB for the project listed above: And being familiar with the premises affecting the work, the undersigned proposes and hereby agrees to furnish all labor and material and to perform all work in accordance with said documents for. ITS O45-0-2023/RS 2. In submitting this Bid, it is understood that the right is reserved by the Board of Sumter County Commissioners to reject any, and all bids. 3. The Vendor hereby acknowledges the receipt of None Addenda issued during the bid period and certifies their inclusion in the bid. (Indicate 'NONE' if no addendums were received). 4. All Requests for Information (RFI's) will be sent to Jackie Valdez for response. Date: 10/27/2023 Asphalt Pavina Systems, Inc. Vendor 1X5esTc -�-"''Robert Caooferd I President ntne: 131`788-QD10 Address: 8 440 Gall Blvd Zeohvrhills. FL.33541 Sumter County Board of County Commissioners Page 98 of 114 30 of 305 Countywide Pavement Maintenance and Rehabilitation Services Unit Price Bid The following unit costs shall include all material, labor, equipment, and any other additional charges required to accomplish the work of the unit cost. Bid award will be based on the total unit pricing for each category listed in the unit price proposal. Bidders are iQs required to bid each category, but must provide pricing for ALL line Items listed in those categories they are capable of producing and have prior applicable experience. Sumter County reserves the right to award a contract to one or more vendors. CATEGORY A - MILLING 1,001- 51001- 10,001- Over PER TASK ORDER UNIT 0 -1,000 5,000 20,000 25,000 25,000 in Sq. Yd. $13.75 $7.15 $4.25 $3.75 $3.25 1.5" Sq. Yd. $13.75 $7.15 $4.25 $3.75 $3.25 2" Sq. Yd. $14.25 I $7.90 $4.99 $3.99 $3.55 2.5" Sq. Yd. $14.25 I $7.90 $4.99 $3.99 $3.55 3" Sq. Yd. $15.95 , $7.99 $5.65 $4.85 $4.25 4" Sq. Yd. $16.95 $8.25 $6.20 $5.50 $5.15 5" 5q. Yd. $18.25 I $8.60 $7.50 $5.95 $5.50 6" Sq. Yd. $21.25 I $8.99 $7.95 $6.75 $6.25 Asphalt and/or profile millings deductive alternate for Contractor to deliver and transport Cu. Yd. -$1.00 -$1.00 -$1.00 -$1.00 -$1.00 (Beyond first 25 truck loads) UNIT 0-10 <10-20 <20-30 Over30 (Miles) (Miles) (Miles) (Miles) Sumter County Board of County Commissioners P&ge 99 of 114 31 of 305 Hauling First 25 Truck Loads of Compensation/Mile From Work Site to Countyty Facility Millings todeliveredLocation to County $5.00 $5.00 Facility back to Work site location CATEGORY A SUB -TOTAL UNIT PRICING: (Instructions: Enter Total of line item unit $132.40 $67.93 pricing for each column of Category A) CATEGORY A TOTAL UNIT PRICING: (Instructions: Add together the total unit pricing of each column for Category Ai 100 $6.00 $5.00 $5.00 $49.78 $42.53 $38.75 $331.39 CATEGORY B -STRUCTURAL OVERLAY - ASPHALT TYPES PER UNIT 0-100 101-500 501-1,000 1,001-5,000 Over 5,000 TASK ORDER 9.5 S.P. Traffic Level C Ton $781.57 $251.86 $188.29 $179.77 $171.62 12.5 S.P. Traffic Level C Ton $781.57 $251.86 $188.29 $179.77 $171.62 9.S F.C. Traffic Level C I Ton $801.57 $271.86 $208.29 $199.77 $191.62 12.5 F.C. Traffic Level C I Ton $801.57 $271.86 $208.29 $199.77 $191.62 CATEGORY B.SUB-TOTAL UNIT PRICING: (Instructions: Enter Total of line item unit $3,166.28 $1,047.44 $783.16 $759.08 $726.48 PH inf#o� each -column of.Category B� CATEGORY B TOTAL MT PRICING: (Instructions: Add together the total unit pricing of each column for $6,492.44 Category B) CATEGORY C - CHIP SEAL / FOG 0 - 25,001- 50,001- Over 'fUS;f'1ty.� fi SEAL PER TASK ORDER UNIT2S,000 50,000 100,000 100,000 Y'=' =`x wt Single Chip (Number 89 Stone) Sq. Yd. $4.16 $3.51 $3.31 $3.31 Double Chi (Number 57 & 89 5 Yd. Stone) q $6.82 $6.16 $5.96 $5.96 Triple Chip Seal I Sq. Yd. $9.83 $8.95 $8.30 I $8.30 Fog Seal Sq, Yd. $ 0.70 $ 0.70 $ 0.70 $ 0.70 CATEGORY C SUB -TOTAL UNIT PRICING: •-: (instructions: Enter Total of line item unit $21.51 $19.32 $18.27 $18.27 ` ` " `•;=�` yA: pricing for each column of CateQ_ ory C) CATEGORY C TOTAL UNIT PRICING: (instructions: Add together the total unit pricing of each column for $77.37 Category Q Sumter County Board of County Commissioners I Page 100 of 114 32 of 305 101 CATEGORY D - CAPE SEAL PER UNIT 0 - 25,001- 50,001- Over TASK ORDER 25,000 50,000 100,000 100,000 Cape Seal Sq. Yd. $ 12.06 $ 10.67 $10.21 $10.21 CATEGORY D SUB -TOTAL UNIT PRICING: (Instructions: Enter Total of line item unit $12.06 $10.67 $10.21 $10.21 pricing for each column of Category D) CATEGORY D TOTAL UNIT PRICING: (instructions: Add together the total unit pricing of each column for $43.15 Category D) Sumter County Boar! of County Canunfsctotw % Page 101 of 114 33 of 305 102 CATEGORY E - MICRO -SURFACING 0 - 2S,001- 50,001- Over PER TASK ORDER ( UNIT 25,000 50,000 100,000 100,000 Double Micro Sq. Yd. $ 7.90 $7.16 $6.90 $6.90 Single Micro Sq. Yd. $5.99 $5.25 $4.99 $4.99 Rut Filling (Leveling) Ton , $436.00 $436.00 $436.00 $436.00 CATEGORY E SUB -TOTAL UNIT PRICING: (Instructions: Enter Total of line Item unit $449.89 $448.41 $447.89 $447.89 pricing for each column of Category E) CATEGORY E TOTAL UNIT PRICING: (Instructions: Add together the total unit pricing of each column for $1,794.08 Category E) CATEGORY F - IN -PLACE RECYCLING - RECONSTRUCTION 0 - 25,001- 50,001- Over (FULL DEPTH RECLAMATION) PER UNIT 25,000 50,000 100,000 100,000 TASK ORDER , Pulverization Sq. Yd. $13.32 I $1Q.21 $9.63 J $9.09 +1� Cement - Cement Treated Base Ton $245.00 I $245.00 I $245.00 � $245AQ .r_• r.• Asphaltic Cement - Foamed Gallon I $4.75 I $4.75 $4.75 $4.75 l y' Z" Asphalt Base I t Asphaltic Emulsion - Emulsion I i?;: Treated Base Gallon $3.64 I $3.64 I $3.64 $3.64 r, Added Rap or Aggregates I Ton $45.04 Excavation for Cu. Yd. ,� $40.00 Widening/Unsuitable Ma terials General Use Optional Base I Cu. Yd. Material $45.00 UNIT 0'-4' <4'to6' <6'to10' <10' (width) ( (width) (width) (width) I - Shoulder Rework LF $2.25 $2.76 $3.25 $3.75 ! ` CATEGORY F SUB -TOTAL UNIT PRICING: ' ' _,•; (Instructions: Enter Total of line item unit $398.96 $266.35 $266.27 $266.23 pricing for each column of Category F) CATEGORY F TOTAL UNIT PRICING: (Instructions: Add together the total unit pricing of each column for $1,197.81 Category F) Sumter County Board of County Commissioners Page 102 of fft 34 of 305 103 CATEGORY G — ASPHALT 1 1,001- 5,Q01- 25,001- Over REJUVENATION PER TASK ORDER I UNIT 0 -1,000 5,000 25,000 S0,000 50,000 Rejuvenation Sq. Yd. $ $ $ $ $ Test Core Removal Each $ $ $ I $ $ Test Core Laboratory Analysis- Each $ $ I $ $ $ Rejuvenation (Including Titanium Sq. Yd. $ , $ ! $ $ $ Dioxide) Field Core Removal Each $ $ I $ $ $ Field Core Laboratory Analysis - Each $ $ $ ` $ $ Viscosity Field Core Laboratory Analysis - I Each I $ $ $ $ $ Titanium Dioxide Penetration Field Core Laboratory Analysis - I Each $ $ I $ $ $ Titanium Dioxide NO2 Reduction I Field Core Laboratory Analysis — Titanium Dioxide Solar Each $ $ $ $ $ Reflectance Index (SRI) CATEGORY G SUB -TOTAL UNIT PRICING: (Instructions: Enter Total of line item unit pricing far each column.of Category G) CATEGORY G TOTAL UNIT PRICING: (Instructions: Add together the total unit pricing of each column for NO BID $ Category GI CATEGORY H - CRACK SEALING UNIT 0 - 500 500 -1,000 1,001- 5,00Q 5,001- Over PER TASK ORDER 10,000 10,000 Crack Sealant Gallon $45.00 $40.00 $35.00 $33.00 $30.00 CATEGORY H SUB -TOTAL UNIT PRICING: (Instructions: Enter Total of line Item unit $45.00 1. $40.00 pricing for each column of Category H) CATEGORY H TOTAL UNIT PRICING: (Instructions: Add together the total unit pricing of each column for Category H) Sumter County Board or County Commissioners $35.00 $33.00 $30.00 $183.00 Page 103 of 114 35 of 305 104 CATEGORY I - TRAFFIC LOOP UNIT REPLACEMENT Type A Each $4,500.00 (FDOT Item # 660-2-101) Type B Each $4,500.00 (FDOT Item # 660-2-102) Type F Each (FDOT Item # 660-2-106) $5.000.00 Type F (FDOT Item #660-2-106 modified Each $6,000.00 to 30 Ft) CATEGORY I TOTAL UNIT PRICING: (Instructions: Enter Total of line item unit $20,000.00 r pricing, for Category 1) CATEGORY 1- SODDING PER TASK ORDER UNIT s ;: FS4 ; z Performance Turf Sod Sq. Yd. $4.50� =1�{ CATEGORY J SUB -TOTAL UNIT PRICING: (Instructions: Enter Total line Item unit pricing $4.50 for Category J) Sumter County Board of County Commissioners Page 104 of 114 36 of 305 105 CATEGORY L —PAVEMENT MARKINGS PER TASK ORDER Item: I Product Type: Unit: Painted I Thermoplastic Misc. L-1 White — Solid 4" GM $ 3,335.00 I $ 5,635.00 6" GM $ 3,910.00 $ 6,325.00 81" LF $ 0.75 $ 1.84 12" I LF I $ 4.83 $ 6.04 18" LF I $ 7.25 $ 7.25 24" LF I $ 9.66 $ 12.08 L-2 I White — Skip I I 4" I GM $ 1,207.50 I $ 1,811.25 Rl r f 6" GM $ 1,449.00 I $ 2,415.00 .'•`w... mow. L-3 I Yellow — Solid I I I 4" I GM 15 3,381.00 I $ 5,675.25 6" I GM $ 3,864.00 I $ 6,325.00 8" I LF $ 0.75 I $ 1.84M"Ie 12" LF $3.62 $4.83 18" LF I $ 5.41 I $ 7.25 y L-4 Yellow — Skip 4 1--GM I $ 1,207.50 $ 1,811.25 J 6" GM I $ 1.449.00 $ 2,415.00 :t• L-5 I Yellow — Double 4" GM I $4,830.00 $ 11.350.50 6" I GM $ 5,313.00 $ 12,650.00 '1 I Sumter County aoard of County Commfssloners Page 105 of 114 37 of 305 L-6 Audible and Vibratory Pavement Markings Yellow - Skip 4" Yellow - Skip 6" White - Solid 4" White - Solid 6" L-7 Legends "STOP" "R X R" (Includes 6" white) "ONLY" "LANE„ "MERGE" "SCHOOL" "AHEAD" " Visitor" "Resident" "Path" L-7 Markings TURN AND THROUGH LANE TURN ARROW iTHROUGH LANE USE ARROW TURN LANE USE ARROW IBIKE OR CART IBIKE ARROW IYIELD TRIANGLES L-8 Reflective Pavement Markers Bi-Directional, Amber Mono -Directional Colorless Sumter County Board of County Commissioners GM $ 9,901.50 GM $ 9,901.50 GM $ 9,901.50 GM $ 9,901.50 EA $ 120.75 EA $ 241.50 EA IS 115.00 I $115.00 EA $ 149.50 EA $ 184.00 EA $ 172.50 IEA I $149.50 EA $ 149.50 EA $120.75 $ 9,901.50 $ 9,901.50 $ 9,901.50 I$ 9,901.50 $ 241.50 $ 426.50 $ 241.50 $241.50 I$ 299.00 I$ 339.25 $ 310,50 $ 402.50 I$ 460.00 $ .241.50 106 EA $ 80.50 $ 138.00 EA $ 40.25 $ 69.00 s` EA $ 46.00 I $ 80.50 �,. bi:. ;t?'. •! EA $ 34.50 1 $ 115.00 �5,Y EA $ 34.50 I $ 287.50 EA I $ 11.50 I $ 28.75 EA $ 6.04 $ 6.04 EA $ 6.04 $ 6.04 Para in orlte 38 of 305 107 Bi-Directional, White/Red I EA I $ 6.04 156.04 I Sumter County Board ofCoumy Commlas7ortars Pago 177 of IM 39 of 305 HEN L-9 Miscellaneous I SINGLE POST SIGN, F&I GROUND MOUNT, UP AS $350.00 TO 12 SF SINGLE POST SIGN, F&I GROUND MOUNT,12-20 AS $1,350.00 SF SINGLE POST SIGN, F&I GROUND MOUNT, 21-30 I AS $2,500.00 SF , MAILBOX (REMOVE AND REPLACE) I EA $325.00 Slit Fence Type III I LF +: r $ 2.50 Removal of Existing Marking SF $ 3.45 Preform Thermoplastic 12" LFf p,•f�'f}. Preform Thermoplastic 24" , LF a�g'H 1I'� $ 23.00 Off Duty Law Enforcement Officer HR.,tg� :; $ 100.00 CATEGORY L SUB -TOTAL UNIT PRICING: (Instructions: Enter Total I $71,367.64 $100,000.00 1 $4,665.45 L) of line item,unit pricing for each column of Category III CATEGORY L TOTAL UNIT PRICING: I $ 176,033.09 (Instructions:.Add together the total unit pricing of each column for.Category L) CATEGORY M — Mobilization UNIT $0.00 - $50,001- $50,000 $100,000 Work Order Total LS $ 3,500.00 $ 3,500.00 CATEG&V M SUB -TOTAL UNIT PRICING: (Instructions; Enter Total of line item unit $3,500.00 $3,500.00 pricing_for each column of Category M) CATEGORY M TOTAL UNIT PRICING: (Instructions: Add together the total unit pricing of each column for Category M) CATEGORY N — Maintenance of UNIT 0-7 8 -14 Traffic Standard Index 600 Series MOT TWO-LANE AND MULTILANE, Day $ 500.00 $ 500.00 WORK ON SHOULDER Standard Index 600 Series MOT TWO-LANE, TWO-WAY WORK Day $ 750.00 $ 750.00 WITHIN THE TRAVEL WAY Sumtar County Board o/ County Commissioners $100,001- Over $500,000 $500,000 $ 3,500.00 $ 3,500.00 $3,500.00 $3,500.00 $14,00.00 15 - 21 22-31 Over 31 $ 500.00 $ 500.00 $ 500.00 $ 750.00 $ 750.00 $ 750.00 Page 109 of 111 40 of 305 109 Standard Index 600 Series MOT TWO-LANE, TWO-WAY, I Day $ 750.00 $ 750.00 $ 750.00 $ 750.00 $750.00 INTERSECTION WORK Standard Index 600 Series MOT I Day l $ 750.00 I $ 750.00 $ 750.00 Multilane Roadway, Lane Closures I Standard Index 600 Series MOT Multilane Roadway, Intersection Day $ 750.00 $ 750.00 $ 750.00 Work Standard index 600 Series MOT ! Day $ 750.00 I $ 750.00 $ 750.00 Temporary Road Closure I I Standard Index 600 Series MOT I Day $ 750.00 $ 750.00 $ 750.00 I Two -Way Left -Turn Lanes Standard Index 600 Series MOT Day $ 250.00 $ 250.00 $ 250.00 Sidewalk Closure Standard Index 600 Series MOT Day I $ 750.00 I $ 750.00 $ 750.00 Work Within the Roundabout CATEGORY N SUB -TOTAL UNIT PRICING: (instructions: Enter Total of line item unit $6,000.00 $6,000.00 $6,000.00 $ 750.00 I $ 750.00 $ 750.00 $ 750.00 $ 750.00 I $ 750.00 $ 750.00 I $ 750.00 $ 250.00 I $250.00 $ 750.00 I $ 750.00 $6,000.00 1 $6,000.00 pricing for each column of Category N) CATEGORY N TOTAL UNIT PRICING: (Instructions: Add together the total unit pricing of each column for $30,000.00 Category N) SHADEb-NOT AP.,Qt C-0-It Sumter County Board of County Commissioners Page 109 of 114 41 of 305 110 BID OF Countywide Pavement Maintenance and Rehabilitation Services Bid Form Asphalt Pavinq Systems, Inc. Full Legal Company Name 8940 Gall Blvd, Zephyrhills, FL 33541 (813) 788-0010 (813) 788-0020 Mailing Address Telephone Number Fax Number Bidders: Having become familiar with requirements of the project, and having carefully examined the Bidding Documents and Specifications entitled Countywide Pavement Maintenance and Rehabilitation Services in Sumter County, Florida, the undersigned proposes to furnish all materials, labor and equipment, supervision and all other requirements necessary to comply with the Contract Documents to submit the following Bid summarized as follows: The following total unit costs (from the unit price) shall include all material, labor, equipment, and any other additional charges required to accomplish the work of the unit cost for any locations within Sumter County. Partial bids will be accepted on a per category basis. Bidders are hW required to bid each category, but must provide pricing for ALL line items listed in those categories on the unit price for which the bidder is capable of producing and have prior applicable experience. FOR: Countywide Pavement Management and Rehabilitation Services CATEGORY A TOTAL UNIT PRICING: $ 331;39 (From the unit price) Amount Written in Numerals Three hundred thirty one dollars and thirty nine cents. /100 Amount Written in Words CATEGORY B TOTAL UNIT PRICING: $ 6,492.44 (From the unit price) Amount Written in Numerals Six thousand four hundred ninety two dollars and forty four cents. /100 Amount Written in Words CATEGORY C TOTAL UNIT PRICING: $ 77.37 (From the unit price) Amount Written in Numerals Seventv seven dollars and thirtv seven cents. Sumter County Board o1 Courtly Commissioners Page 110 or 114 42 of 305 111 /100 Amount Written in Words CATEGORY D TOTAL UNIT PRICING: $ 43.15 (From the unit price) Amount Written In Numerals Forty three dollars and fifteen cents. /100 Amount Written in Words CATEGORY E TOTAL UNIT PRICING: $ 1,794.08 (From the unit price) Amount Written in Numerals One thousand seven hundred ninety four dollars and eight cents. /100 Amount Written in Words CATEGORY F TOTAL UNIT PRICING: $ 1,197.81 (From the unit price) Amount Written in Numerals One thousand one hundred ninety seven dollars and eighty one cents. /100 Amount Written In Words CATEGORY G TOTAL UNIT PRICING: $ 0.00 (From the unit price) Amount Written in Numerals No Bid /100 Amount Written in Words CATEGORY H TOTAL UNIT PRICING: $ 183.00 (From the unit price) Amount Written in Numerals One hundred eighty three dollars and zero cents. /100 Amount Written in Words CATEGORY I TOTAL UNIT PRICING: $ 20,000.00 (From the unit price) Amount Written in Numerals Twenty thousand dollars and zero cents. /100 Amount Written in Words Sumter County Board of County Commissioners Page 111 of 114 43 of 305 112 CATEGORY! TOTAL UNIT PRICING: $ 4.50 (From the unit price) Amount Written in Numerals Four dollars and fiftv cents. /100 Amount Written in Words CATEGORY K TOTAL UNIT PRICING: $ 32.00 (From the unit price) Amount Written in Numerals Thirty two dollars and zero cents. /100 Amount Written in Words CATEGORY L TOTAL UNIT PRICING: $ 176,033.09 (From the unit price) Amount Written in Numerals One hundred seventy six thousand thirty three dollars and nine cents. /100 Amount Written in Words CATEGORY M TOTAL UNIT PRICING: $ 14,000.00 (From the unit price) Amount Written in Numerals Fourteen thousand dollars and zero cents. /100 Amount Written in Words CATEGORY N TOTAL UNIT PRICING: $ 30#000.00 (From the unit price) Amount Written in Numerals Thirty thousand dollars and zero cents. /100 Amount Written in Words Each Bidder shall print legibly, in blue or black ink, the amount written in numerals and the amount written in words for the items shown above. In the event an amount submitted is not legible, the County reserves the right to consider It a "No Bid", and deem the Bidder nonresponsive to the requirements of the Bid. All Unit Prices shall be established at the beginning of the contract and may be adjusted (+ or -) annually upon approval of both the Contractor and County and only at the beginning of each renewal period. Any approved annual rate adjustments shall take effect with the first task order issued after the Sumter Coarn y Board of County Commissionem Page 11T of 114 44 of 305 113 renewal period. Additional Unit Price items not included on the official bid form will be submitted to the County's authorized representative for prior approval and will be added to the Standard Agreement through a Contract Amendment and must be accepted by both the Contractor and the County. Price adjustments for fuel and bituminous products will not be allowed on a task order basis. Note: The listing order of bid items reflects a construction sequence in general terms for bidding purposes only and Is not a specific construction schedule. Sumter County reserves the right to award a contract to more than one bidder. Sumbsr County Board of County Comm/sakners Page 10 J of 114 45 of 305 PIGGYBACK AGREEMENT FOR SERVICES BETWEEN THE CITY OF SEBASTIAN AND ASPHALT PAVING SYSTEMS, INC. THIS AGREEMENT is made and entered into on , 2024 by the City of Sebastian, a municipal corporation of the State of Florida, (hereinafter referred to as "CITY") and Asphalt Paving Systems, Inc., (hereinafter "VENDOR"). WHEREAS, the Board of Sumter County Commissioners has previously entered into a contract with Vendor to provide pavement maintenance and rehabilitation services on November 14, 2023 (attached as Exhibit A hereto); and WHEREAS, the City of Sebastian wishes to enter into a like contract with Vendor under the same terms and applicable conditions as that prior agreement entered into by the Board of Sumter County Commissioners to provide pavement maintenance and rehabilitation services and other related tasks as may be assigned by the City; and WHEREAS, Chapter 287, Florida Statutes and purchasing procedures of the City of Sebastian grant the authority to piggyback the purchase of goods and services as a form inter -governmental cooperative purchasing in which a public purchaser requests competitive sealed bids, enters into a contract, and arranges, as part of the contract, for other public purchasing units to purchase from the selected vendor under the same terms and conditions as itself in order to take advantage of the better pricing that large purchasers are able to obtain in order to reduce administrative time and costs involved in the procurement process (i.e., cost of preparing bid specifications, advertising, etc.); and WHEREAS, the City of Sebastian has determined that in this circumstance, piggybacking onto a contract entered into by the Board of Sumter County Commissioners is the most economically advantageous way to procure these goods and services. NOW THEREFORE, in consideration of the mutual covenants, terms, and provisions contained herein, the parties agree as follows: 1. TERM The initial term shall end on November 13, 2025. This agreement is subject to renewal or extension in one year increments by agreement of the parties in writing. 2. GENERAL PROVISIONS All other terms and conditions of the contract and any amendments thereto entered into between the Board of Sumter County Commissioners and Vendor Page 1 of 5 46 of 305 referenced above will be applicable to this agreement unless specified herein. 3. NOTICES All notices and demands shall be sent U.S. Certified Mail, return receipt to: VENDOR: Robert Capoferri, President Asphalt Paving Systems, Inc 8940 Gall Blvd Zephyrhills, FL 33540 4. PUBLIC RECORDS CITY: Brian Benton, City Manager City of Sebastian 1225 Main Street Sebastian, FL 32958 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: JEANETTE WILLIAMS, CITY CLERK 1225 MAIN ST SEBASTIAN, FL 32958 (772) 388-8215 JWILLIAMS()CITYOFSEBASTIAN.ORG Vendor agrees to comply with public records laws, specifically to: A. Keep and maintain public records required by the public agency to perform the service. B. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. D. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the Page 2 of 5 47 of 305 contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 3 of 5 48 of 305 IN WITNESS WHEREOF, the parties hereto have through their duly authorized representatives, approved and executed this Agreement as of the date set forth below. ATTEST: ASPHALT PAVING SYSTEMS, INC. By: Robert Capoferri, President Date: ATTEST: CITY OF SEBASTIAN, FL By: Jeanette Williams, MMC Brian Benton, City Manager City Clerk For the use and reliance of the City of Sebastian only. Approved as to form and legal sufficiency. Jennifer D. Cockcroft, Esq. City Attorney Date: Page 4 of 5 49 of 305 EXHIBIT A Board of Sumter County Commissioners Agreement Page 5 of 5 50 of 305 SUMTER COUNTY COUNTYWIDE PAVEMENT MAINTENANCE AND REHABILITIATION SERVICES AGREEMENT THIS AGREEMENT (hereinafter referred to as "Agreement") is made and entered into this 14'h day of November, 2023, by and between Board of Sumter County Commissioners (hereinafter referred to as "Board," or "County"), whose address is 7375 Powell Road, Wildwood, Florida 34785, and Asphalt Paving Systems, Inc. (hereafter referred to as "Vendor"), whose address is 8940 Gall Boulevard, Zephyrhills, Florida 33541. RECITALS WHEREAS, the Board has need of professional services for ITB 045-0-2023/RS; and WHEREAS, the parties desire to enter into a written agreement outlining the duties, responsibilities and compensation of Vendor, based on the Vendor's response to ITB 045-0- 2023/RS Countywide Pavement Maintenance and Rehabilitation Services. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements contained herein, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. The relationship of the Vendor to the Board will be that of a professional Vendor and the Vendor will provide the professional and technical services required under this Agreement in accordance with acceptable professional practices and ethical standards applicable to Vendor's profession, and Vendor will endeavor to provide to the Board prompt and efficient services to the best of its ability. 2. Vendor is hereby retained and employed as a Sumter County Contactor, and will work with the Board to provide services in accordance with the scope of work outlined in ITB 045-0- 2023/RS. 3. The term of this Agreement shall commence on November 14, 2023 and continue full force for two years with an additional two (2) — one year renewals from the date established in the Notice to Proceed, unless otherwise terminated as provided in paragraph four (4) of this Agreement. The term of this Agreement does not relieve the Vendor of any future responsibility as described in paragraph six (6) of this Agreement. 4. This Agreement maybe terminated by either party upon thirty (30) days prior written notice to the other party at the address designated in this Agreement for receiving such notice. If this Agreement is terminated, Vendor shall be authorized to receive payment for all work performed up to the date of termination. With regard to compensation paid to Contractor, Contractor shall furnish to the Board an itemized invoice detailing all of Contractors hours, services, expenses and any other services utilized by the Board. The invoice shall be itemized pursuant to and in accordance with the Fee Schedule, attached hereto as Exhibit A, and incorporated herein in haec verbs. Contractor shall submit all invoices pursuant to the Local Government Prompt Payment Act, F.S. 218. Contractor acknowledges and agrees that the rates set forth in the Fee Schedule shall remain fixed throughout the duration of this Agreement, including both the 51 of 305 Initial Term and any Renewal Term, and thereafter shall only be adjusted by mutual written agreement of both parties. a. For construction services progress payments, 5 percent (5%) of the payment will be withheld. 2. General Considerations. a. All reports, drawings, designs, specifications, notebooks, computations, details, and calculation documents prepared by Vendor and presented to the Board pursuant to this Agreement are and remain the property of the Board as instruments of service. b. All analyses, data, documents, models, modeling, reports and tests performed or utilized by Vendor shall be made available to the Board upon request and shall be considered public records. c. Vendor is required to: (i) keep and maintain public records required by Board; (ii) upon request from Board' s custodian of public records, provide Board with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a reasonable or as otherwise provided by law; (iii) ensure that public records that are exempt or, confidential and exempt, from public records disclosure requirements are not disclosed except as authorized by law for the duration of this Agreement and following completion of this Agreement if Vendor does not transfer the records to Board; (iv) upon completion of this Agreement, transfer, at no cost, to Board all public records in possession of Vendor or keep and maintain public records required by Board. d. If Vendor transfers all public records to Board upon completion of this Agreement, Vendor shall destroy any duplicate public records that are exempt or, confidential and exempt, from public records disclosure requirements. If Vendor keeps and maintains public records upon completion of this Agreement, Vendor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to Board, upon request from Board's custodian of public records, in a format that is compatible with the information technology systems of Board. e. Vendor shall keep all books, records, files, drawings, plans and other documentation, including all electronically stored items, which concern or relate to the services required hereunder (the `Records"), for a minimum of five (5) years from the date of expiration or termination of this Agreement, or as otherwise required by any applicable law, whichever date is later. The Board shall have the right to order, inspect, and copy all the Records as often as it deems necessary during any such period -of -time. The right to audit, inspect, and copy Records shall include all of the records of sub -Vendors (if any). f. Vendor shall, at all times, comply with the Florida Public Records Law, the Florida Open Meeting Law and all other applicable laws, rules and regulations of the State of Florida. g. IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE VENDORS' DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 352-689-4400, Sumter County Board of County Commissioners, 7375 Powell Road, Wildwood, Florida 34785 or via email at Records@sumtercountyfl.gov. 52 of 305 h. Vendor shall, at all times, carry General Liability, Automobile and Worker' s Compensation Insurance pursuant to the insurance requirements in ITB 045-0- 2023/RS, naming Board as both a certificate holder and an additional insured in each such policy. i. Upon Vendor's written request, the Board will furnish, or cause to be furnished, such reports, studies, instruments, documents, and other information as Vendor and Board mutually deem necessary, and Vendor may rely upon same in performing the services required under this Agreement. j. Vendor is obligated by this agreement to comply with Section 20.055(5), Florida Statutes. k. Any entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non -responsive contractor may not submit a bid. 3. The Vendor may be required to provide additional services to the Board on challenges, public protests, administrative hearings or similar matters. The Vendor shall be available to represent the Board, serve as an expert witness, and provide supporting documentation as necessary. Should any other professional services be called for by the Board that are not otherwise set forth in this Agreement or any of its attachments or exhibits, charges for these services shall be agreed upon in advance by the parties hereto. 4. The Contract Documents, which comprise the entire Contract between Board and Vendor and which are further incorporated herein by reference, consist of the following: a. ITB 045-0-2023/RS b. Vendor's Bid in Response to ITB 045-0-20231RS c. This Agreement d. Permits / Licenses e. All Bid Addenda Issued Prior to Opening Date f. All Modifications and Change Orders Issued 5. Vendor shall be solely and entirely responsible for its tortious acts and for the tortious acts of its agents, employees, or servants during the performance of this Agreement. Vendor shall indemnify and save harmless the Board, its agents, employees and officers from and against all liabilities, claims, demands, or actions at law and equity including court costs and attorney's fees that may hereafter at any time be made or brought by anyone for the purposes of enforcing a claim on account of any injury or damage allegedly caused or occurring to any person or property in which was caused in whole or in part by any tortious, wrongful, or intentional acts or omissions of Vendor, its agents, or employees during performance under this Agreement. The foregoing is not intended, and shall not be construed, as a waiver by Board of the benefits of Section 768.28, Florida Statutes. 6. Vendor is, and shall be, in the performance of all services and activities under this Agreement, an independent contractor, and not an employee, agent, or servant of Board; and no provisions of Board's personnel policies shall apply to this Agreement. None of the benefits provided by Board to its employees including, but not limited to, worker' s compensation insurance and unemployment insurance, are available from Board to Vendor, or its employees, agents or servants. Vendor assumes responsibility for payment of all federal, state and local taxes imposed or required of Vendor including but not limited to FICA, FUTA, unemployment insurance, Social Security and income tax laws for which Vendor as employer is responsible. Vendor shall be solely responsible for any worker's 53 of 305 compensation insurance required by law and shall provide the Board with proof of insurance upon demand. The parties agree that Board shall not: (a) pay dues, licenses or membership fees for Vendor; (b) require attendance by Vendor, except as otherwise specified herein; (c) control the method, manner or means of performing under this Agreement, except as otherwise specified herein; or (d) restrict or prevent Vendor from working for any other party. 7. Force Majeure. No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder)], when and to the extent such failure or delay is caused by or results from the following force majeure events ("Force Majeure Events"): (a) acts of God; (b) flood, fire, earthquake or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, warlike operation, insurrection, rebellion, revolution, military or usurped power, sabotage or other civil unrest; (d) strikes, embargoes, blockades, labor stoppages, lockouts or slowdowns or other industrial disturbances or inability to obtain necessary materials or services (e) governmental delay regarding permits or approvals; (f) action by any governmental authority; (g) national or regional emergency; (h) shortage of adequate power or transportation facilities; or 0) other similar events beyond the reasonable control of the party impacted by the Force Majeure Event (the "Impacted Party") and provided further, however, that such performance shall be resumed and completed with due diligence and reasonable dispatch as soon as the contingency causing the delay or impossibility shall abate. 8. Attorney's Fees; and Costs of Enforcement. In the event suit is commenced to enforce this Agreement, costs of said suit including reasonable attorneys' fees in all proceedings, trials, investigations, appearances, appeals and in any bankruptcy proceeding or administrative proceeding shall be paid to the prevailing party by the non -prevailing party. In the event of default by either party hereto, the defaulting party shall be liable for all costs and expenses, including reasonable attorney' s fees and costs incurred by the other party in enforcing its rights hereunder, whether litigation be instituted or not, at the trial court and appellate court level. 9. Law of the Agreement; Jurisdiction and Venue. The Parties agree that the laws of the State of Florida shall govern any dispute arising from or related to this Agreement. The Parties to this Agreement agree that venue and jurisdiction is mandated to lie only in the state courts located in Sumter County, Florida. Removal of this case to federal court is not permitted. Litigation in federal court is precluded by agreement of the parties hereto. If, even though precluded by agreement of the Parties hereto, litigation arising from or based upon this contract should be mandated by a court of competent jurisdiction issued pursuant to a duly noticed hearing giving Sumter County adequate time to respond and all of the benefits of due process to lie in the proper venue or jurisdiction of a federal court, that federal court shall only be in the Middle District of Florida, Ocala Division. The Parties further agree that entry into this agreement constitutes irrevocable consent that the exclusive venue for any such dispute shall lie solely in the state or county courts in and for Sumter County, Florida. The Parties expressly and irrevocably waive any right(s) to removal of any such dispute to any federal court, unless the federal court has exclusive jurisdiction; in such cases, the parties agree that the exclusive venue for any such disputes shall be the United States District Court, in and for the Middle District of Florida, Ocala Division. Process in any action or proceeding referred to in this paragraph may be served on any party anywhere in the world, such party waives any argument that said party is not 54 of 305 subject to the jurisdiction of the state courts located in Sumter County, Florida and that the laws of the state of Florida. 10. Entire Agreement. This Agreement contains the entire agreement of the Parties and may not be changed except by written agreement duly executed by the Parties hereto. This Agreement supersedes any prior understandings or agreements between the Parties, and there are no representations, warranties, or oral agreements other than those expressly set forth herein. 11. Assignment. This Agreement shall not be assigned nor may any portion of the obligations contemplated in this Agreement be subcontracted to another party without prior written approval of County. No such approval by County of any assignment or subcontract shall be deemed in any event or in any manner to provide for the incurrence of any obligation of County. All such assignments and subcontracts shall be subject to the terms and conditions of this Agreement and to any conditions of approval that County shall deem necessary. 12. Compliance with Licenses, Permits, and Applicable Laws. In performing services hereunder, Vendor shall comply with all federal, state and local laws and regulations. Vendor shall be responsible for identifying and obtaining all permits necessary to complete the scope of services. Vendor shall be responsible for obtaining, at its sole cost and expense, all necessary license licenses and other governmental approvals required in order for Vendor to provide the type of services required hereunder. 13. E-Verify: system established by the U.S. Department of Homeland Security to determine the immigration and work -eligibility status of prospective employees. 14. The Vendor agrees to certify to the Board that Vendor is in compliance with the federal E- Verify program, including obtaining written certification from all sub -Vendors who will participate in the performance of scope of services contemplated in this Agreement. All sub -Vendor certifications must be kept on file by the Vendor and made available to the state and/or the Board upon request. The Board reserves the right to take action against any Vendor deemed to be non -compliant; potential actions may include, but are not limited to, cancellation of this Agreement and/or suspending or debarring the Vendor from performing services for the County. 15. Conflict of Interest. Vendor shall notify Board in writing of any commitments during the term of this Agreement which may constitute a potential or actual conflict of interest with respect to the scope of services to be performed for the Board. 16. Corporate Status; Change of Ownership. If Vendor is a non -governmental, corporate entity: a. Corporate Status. Vendor shall ensure that the corporate status shall continuously be in good standing and active and current with the state of its incorporation and the State of Florida and at all times throughout the Term, and any renewal or extension hereof. Failure of the Vendor to keep its corporate status active and current shall constitute a material breach under the terms of this Agreement. b. Change of Ownership. Vendor shall notify County immediately upon any change in corporate ownership or any substitution of the key professional 55 of 305 assigned (the "Key Person") to perform under this Agreement ("Change of Ownership"). County shall have the option of cancelling this Agreement if a Change of Ownership is not suitable to it, provided however, no cancellation shall relieve the Vendor of its obligations to perform the work described herein or for liability for breach of same. A Change of Ownership means the occurrence of any one or more of the following: a sale, lease, or other disposition of 50% or more of the interest or assets of the company or corporation; a merger, reverse merger or consolidation with another entity; a transaction wherein a third -party becomes the beneficial owner having fifty (50%) percent or more interest in the corporation or company; or fifty (50%) percent or more of the total number of votes that may be cast for any act of the entity. 21. Default Neither Party shall declare the other party in default of any provision of this Agreement without giving the other party at least ten (10) days advance written notice of intention to do so, during which time the other party shall have the opportunity to remedy the default. The notice shall specify the default with particularity. 22. Dispute Resolution. All disputes arising out of or in connection with this Agreement shall be attempted to be settled through good -faith negotiation between the Parties, followed if necessary within thirty (30) days by professionally -assisted mediation. Any mediator so designated must be acceptable to each Party. The mediation will be conducted as specified by the mediator and agreed upon by the Parties. The Parties agree to discuss their differences in good faith and to attempt, with the assistance of the mediator, to reach an amicable resolution of the dispute. The mediation will be treated as a settlement discussion and therefore will be confidential. The mediator may not testify for either Party in any later proceeding relating to the dispute. No recording or transcript shall be made of the mediation proceedings. Each Party will bear its own costs in the mediation. The fees and expenses of the mediator will be shared equally by the Parties. Failing resolution through negotiation or mediation, either Party may file an action in a court of competent jurisdiction or other appropriate remedy available in law or equity as defined herein below. 23. Jointly Drafted. The Parties agree that this Agreement is entered into knowingly and voluntarily, after having the opportunity to fully discuss it with an attorney. Having had the opportunity to obtain the advice of legal counsel to review, comment upon, and redraft this Agreement, the Parties agree that this Agreement shall be construed as if the parties jointly prepared it so that any uncertainty or ambiguity shall not be interpreted against any one party and in favor of the other. 24. Parties Acknowledgement; Parties Bound. The Parties acknowledge that they have read this Agreement, and that they understand the terms and conditions herein and that the terms have been fully and completely explained to the Parties prior to the execution thereof. Each party acknowledges that the other party has made no warranties, representations, covenants, or agreements, express or implied, except as expressly contained in this Agreement. Further, the Parties have caused this Agreement to be executed on their respective behalf by the authorized officer whose signature appears below under their respective name, to be effective as of the date first written above. This Agreement shall inure to the benefit of and be binding upon the Parties, their successors, heirs, and personal representatives. 56 of 305 25. Waiver. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by any party. 26. Time is of the Essence. Time shall be of the essence of this Agreement. 27. Survivability. Any provision of this Agreement, which obligates any of the Parties to perform an obligation either before the commencement of the Term or after the expiration of the Term, or any renewal or extension thereof, shall be binding and enforceable notwithstanding that performance is not within the Term, and the same shall survive. 28. Severability. Whenever possible each provision and term of this Agreement will be interpreted in a manner to be effective and valid but if any provision or term of this Agreement is held to be prohibited or invalid, then such provision or term will be ineffective only to the extent of such prohibition or invalidity, without invalidating or affecting in any manner whatsoever the remainder of such provision or term or the remaining provisions or terms of this Agreement. 29. Counterparts. This Agreement may be executed in a number of identical counterparts and a facsimile or electronic/digital copy shall be treated as an original. If so executed, each of such counterparts is to be deemed an original for all purposes, and all such counterparts shall, collectively, constitute one agreement. In making proof of this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 30. Section and Paragraph Headings. Captions or paragraph headings herein contained are for organizational convenience only and shall not be constructed as material provisions of this agreement or to limit any provisions hereunder. 31. Cooperation; Supplementary Actions. All Parties agree to cooperate fully and to execute any supplementary documents, and to take any additional actions that may be necessary or appropriate to give full force and effect to the basic terms and intent of this Agreement, and which are not inconsistent with its terms. 32. Miscellaneous. Whenever the context shall so require, all words in this Agreement of one gender shall be deemed to include the other gender. 33. Incorporation of Recitals. Each of the WHEREAS clauses listed above are hereby re - alleged and incorporated into this Agreement as if otherwise fully stated herein. 34. Notice. Whenever any notice, demand or request is required or permitted hereunder, such notice, demand or request shall be made in writing and shall be personally delivered to the individuals listed below, sent via prepaid courier or overnight courier, or deposited in the United States mail, registered or certified, return receipt requested, postage prepaid, addressed to the addresses (and individuals) set forth below. No other form of electronic communications (Facebook, Twitter, Text) will be deemed Notice. 57 of 305 FOR THE BOARD Name: Bradlev S Arnold FOR THE VENDOR Asphalt Pavina Svstems, In( - Name: Robert Capofern Address:7375 Powell Road Wildwood. FL 34785 Address: 894G Gall Blvd. Zephyr -hills, FL 33541 Title: Ccuntv Administrator Title. President Date: 11 /3/2023 WHEREOF, the parties have signed this agreement the day and year first above ATTEST: By: Kenneth Messina / Secretary SUMTER COUNTY BOARD OF COUNTY MMISSIONERS By. Chairman I 1 Date Signed: ASPHALT PAVING SYSTEMS, INC. Robert Capofern / President Date Signed: 1113/2023 58 of 305 EXHIBIT A Bid Form Telephone: (352) 689-4400 Fax: (352) 689-4401 Re: ITB 045-0-2023/RS COUNTYWIDE PAVEMENT MAINTENANCE AND REHABILITATION SERVICES 1. Having carefully examined the ITB for the project listed above: And being familiar with the premises affecting the work, the undersigned proposes and hereby agrees to furnish all labor and material and to perform all work in accordance with said documents for. ITB 045-0-20231RS 2. In submitting this Bid, it is understood that the right is reserved by the Board of Sumter County Commissioners to reject any, and all bids. 3. The Vendor hereby acknowledges the receipt of None Addenda Issued during the bid period and certifies their Inclusion in the bid. (Indicate 'NONE' if no addendums were received). 4. Ali Requests for Information (RFI's) will be sent to Jackie Valdez for response. Date: 10/27/2023 Asphalt Pavino Systems, Inc. Vendor )Robert obert Capbferri /President Tlye�es� nt i�tephdne: �131700 Address. 8940 Ga�tlRvfd"phyrhlFL.33541 Sumter County Board of County Commissioners Page 98 of 114 59 of 305 Countywide Pavement Maintenance and Rehabilitation Services Unit Price Bid The following unit costs shall include all material, labor, equipment, and any other additional charges required to accomplish the work of the unit cost. Bid award will be based on the total unit pricing for each category listed in the unit price proposal. Bidders are M required to bid each category, but must provide pricing for ALL line items listed in those categories they are capable of producing and have prior applicable experience. Sumter County reserves the right to award a contract to one or more vendors. CATEGORY A - MILLING 1,001- 51001- 10,001- Over PER TASK ORDER UNIT 0 -1,000 51000 10,000 25,000 25,000 1" Sq. Yd. $13.75 $7.15 $4.25 $3.75 $3.26 1.51, Sq. Yd. $13.75 $7.15 $4.25 $3.75 $3.25 2" , Sq. Yd. $14.25 $7.90 ' $4.99 $3.99 $3.55 2.5" Sq. Yd. $14.25 $7.90 $4.99 $3.99 $3.55 3" Sq. Yd. + $15.95 $7.99 I $5.65 $4.85 $4.25 4" Sq. Yd. + $16.95 $8.25 I $6.20 $5.50 $5.15 5" I Sq. Yd. $18.25 $8.60 $7.50 $5.95 $5.50 6" ' Sq. Yd. I $21.25 $8.99 $7.95 $6.75 $6.25 Asphalt and/or profile millings deductive alternate for Contractor to deliver and transport Cu. Yd. -$1.00 -$1.00 -$1.00 -$1.00 $1.00 (Beyond first 25 truck loads) UNIT 0-10 <10-20 <20-30 Over30 (Miles) (Miles) (Miles) (Miles) Sumter County Board of County Commissioners Paga 99 of i!d 60 of 305 100 Hauling First 25 Truck Loads of Compensation/Mile From Work Site Millings todeliveredLocation to County $5.00 $5.00 $5.00 $5.00 $5.00 to Countyty FacilityFacility back to Work site location CATEGORY A SU&TOTAL UNIT PRICING: (Instructions: Enter Total of line item unit $132.40 $67.93 $49.78 $42.53 $38.75 pricing for each column of Category A) CATEGORY A TOTAL UNIT PRICING: (Instructions: Add together the total unit pricing of each column for Category $331.39 A) CATEGORY 8 -STRUCTURAL OVERLAY - ASPHALT TYPES PER UNIT 0-100 101-S00 501-1,000 1,001-5,000 Over 5,000 TASK ORDER 9.S S.P. Traffic Level C Ton $781.57 $251.86 $188.29 $179.77 $171.62 12.5 S.P. Traffic Level C Ton $781.57 $251.86 $188.29 $179.77 $171.62 9.5 F.C. Traffic Level C Ton I $801.57 $271.86 $208.29 $199.77 $191.62 12.5 F.C. Traffic Level C Ton I $801.57 $271.86 $208.29 $199.77 I $191.62 CATEGORY$.5U&TOTAL UNIT PRICING: (Insti uctions; Enter Total of line item unit $3,166.28 $1,047.44 $793.16 $759.08 $726.48 ri�[n for each•column of Category Bk CATEGORY B TOTAL UNIT PRICING: ' (Instructions: Add together the total unit pricing of each column for $6,492.44 Category 8) CATEGORY C - CHIP SEAL / FOG UNIT 0 - 25,001- 50' 001- Over SEAL PER TASK ORDER 25,000 50,000 100,000 100,000 `; ' `="` ='• " ' Single Chip (Number 89 Stone) Sq. Yd. $4.16 $3.51 $3.31 $3.31 Double Chip (Number 57 & 89 Sq. Yd. $6.82 $6.16 $5.96 $5.96 Stone) Triple Chip Seal I Sq. Yd. $9.83 $8.95 $8.30 I $8.30 Fog Seal Sq. Yd. $ 0.70 $ 0.70 $ 0.70 I $ 0.70 CATEGORY C SUB -TOTAL UNIT PRICING: (Instructions: Enter Total of line item unit $21.51 $19.32 $18.27 $16.27 pricing for each column of Category C) CATEGORY C TOTAL UNIT PRICING: (Instructions: Add together the total unit pricing of each column for $77.37 Category C) Sumter County Boar! of County Commissioners Pogo 100 of 114 61 of 305 101 CATEGORY D - CAPE SEAL PER UNIT 0 - 25,001- S0,001- Over TASK ORDER 25,000 50,000 100,000 100,000 Cape Seal Sq. Yd. $ 12.06 $ 10.67 $10.21 $ 10.21 CATEGORY D SUB -TOTAL UNIT PRICING: (instructions: Enter Total of line item unit $12.06 $10.67 $10.21 $10.21 pricing for each column of Category D) CATEGORY D TOTAL UNIT PRICING: (instructions: Add together the total unit pricing of each column for $43.15 Category D) Sumter county Board ofCounty Commfsoloners Page 101 o1114 62 of 305 102 CATEGORY E - MICRO -SURFACING I 0 - 25,001 - 50,001 - PER TASK ORDER UNIT I 25,000 50,000 100,000 Double Micro Sq. Yd. f $ 7.90 $7.16 $6.90 Single Micro , Sq. Yd. $5.99 $5.25 I $4.99 Rut Filling (Leveling) I Ton $436.00 $436.00 I $436.00 CATEGORY E SUB -TOTAL UNIT PRICING: (Instructions: Enter Total of line item unit $449.89 $448.41 pricing for each column of Catefory_ E) CATEGORY E TOTAL UNIT PRICING: (Instructions: Add together the total unit pricing of each column for Category E) CATEGORY F - IN -PLACE RECYCLING - RECONSTRUCTION (FULL DEPTH RECLAMATION) PER TASK ORDER Pulverization Cement - Cement Treated Base Asphaltic Cement - Foamed Asphalt Base Asphaltic Emulsion - Emulsion Treated Base Added Rap or Aggregates Excavation for Widening/Unsuitable Materials General Use Optional Base Material Over 100,000 $6.90 $4.99 $436.00 $447.89 1 $447.89 $1,794.08 0- 25,001- 50,001 - Over UNIT 25,000 50,000 100,000 100,000 Sq. Yd. I $13.32 $10.21 $9.63 $9.09 Ton I $245.00 $245.00 $245.00 $245.00 Gallon I $4.75 I $4.75 $4.75 $4.75 Gallon $3.64 I $3.64 I $3.64 $3.64 Ton $45.00 tax tiax -^ ^�r'•i' :; rt ,' t' - Cu. Yd. $40.00 Cu. Yd. $45.00 0' - 4' <4' to 6' <6' to 10' <10' UNIT (width) 1 (width) (width) (width) Shoulder Rework LF $2.25 I $2.75 $3.25 $3.75 CATEGORY F SUB -TOTAL UNIT PRICING: (instructions: Enter Total of line item unit $398.96 $266.35 pricing for each column of Category F) CATEGORY F TOTAL UNIT PRICING: (Instructions: Add together the total unit pricing of each column for Category F) Sumter County Board of County Commission.rs $266.27 $266.23 $1,197.81 Page 102 of 114 63 of 305 103 CATEGORY G — ASPHALT i ' UNIT 0 -1,000 1,001- 5,000 5,001- 25,000 25,001- 501000 Over 50,000 REJUVENATION PER TASK ORDER I Rejuvenation Sq. Yd. $ $ $ $ Test Core Removal Each $ $ $ $ $ Test Core Laboratory Analysis- Each $ $ $ $ $ Rejuvenation (Including Titanium j Sq. Yd. $ $ $ $ $ Dioxide) I Field Core Removal Each $ $ $ $ $ Field Core Laboratory Analysis - Each $ $ $ $ $ Viscosity Field Core Laboratory Analysis — Each $ $ $ $ $ Titanium Dioxide Penetration Field Core Laboratory Analysis — ( Each $ $ $ $ $ Titanium Dioxide NO2 Reduction i Field Core Laboratory Analysis — $ $ Titanium Dioxide Solar Each $ $ $ Reflectance Index CATEGORY G SUB TOTAL UNIT PRICING: (Instructions: Enter Total of line 'item unit $ $ $ $ $ pricing for each column,o€ Category G� CATEGORY G,TOTAL UNIT PR1CliVG: It (Instructions: Add together the tal unit pricing of each column for NO BID . Category G) CATEGORY H - CRACK SEALING UNIT 0 - 5Q0 SQO -1,000 5,001- 1,001- 5,000 10,000 Over 10,000 PER TASK ORDER Crack Sealant Gallon $45.00 $40.00 $35.00 $33.00 $30.00 CATEGORY H SUB -TOTAL UNIT PRICING: $30•QQ (Instructions: Enter Total of line Item unit '$45.00 .: $40.00 $35.00 $33.00 pricing for each column of Category H) CATEGORY H TOTAL UNIT PRICING: (Instructions: Add together the total unit pricing of each column for $183.00 Category H) Sumter County Board of County Commissioners Page 102 of 114 64 of 305 CATEGORY I - TRAFFIC LOOP UNIT REPLACEMENT Type A Each $4,500.00 (FDOT Item # 660-2-101) I Type B Each (FDOT Item # 660-2-102) $4,500.00 Type F Each (FDOT Item # 660-2-106) $5,000.00 Type F (FDOT Item #660-2-106 modified Each $6,000.00 to 30 Ft) CATEGORY I TOTAL UNIT PRICING: (Instructions: Enter Total of line item unit $20,000.00 pricing for Category 1) CATEGORY J - SODDING PER TASK UNIT ORDER Performance Turf Sod Sq. Yd. $4.50 CATEGORY J SUB -TOTAL UNIT PRICING: (Instructions: Enter Total line Item unit pricing $4.50 for Category J) CATEGORY K —VARIABLE MESSAGE BOARDS PER TASK UNIT ORDER PER Variable Message Board BOARD $ 32.00 PER DAY CATEGORY K SUB -TOTAL UNIT PRICING: (Instructions: Enter Total line item unit pricing $32.0 for Catevory K) Sumter County Board of County Commissioners I 104 Page 104 of 114 65 of 305 CATEGORY L —PAVEMENT MARKINGS PER TASK ORDER I Item: I Product Type: IL-1 I White — Solid 4„ 6„ 18„ 12" 18" . 24„ L-2 I White — Skip 4" I 6" IL-3 Yellow — Solid 4„ 6„ 8„ 12„ L-4 Yellow — Skip 4 I 6„ L-S Yellow — Double `f" { 6„ Sumter County Board of County Commissioners 105 Unit: I Painted Thermoplastic Misc. GM I $ 3,335.00 I $ 5,635.00 GM I $ 3,910.00 I $ 6,325.00 I LF I $ 0.75 I $ 1.84 LF , $ 4.83 I $ 6.04 LF I $ 7.25 I $ 7.25'. LF I $ 9.66 $ 12.08 : :.... _.... . I GM $ 1,207.50 I $ 1,811.25 s GM $ 1,449.00 $ 2,415.00 GM I $ 3,381.00 I $ 5,675.25 GM $ 3,864.00 I $ 6,325.00 LF $ 0.75 $ 1.84 LF $ 3.62 $ 4.83 ' LF I $ 5.41 $ 7.25:; . ,', GM I $ 1,207.50 $ 1,811.25 IGM I $ 1,449.00 I $ 2,415.00 f I I GM I $ 4,830.00 IGM I $ 5,313.00 $ 11,350.50 I , $ 12,650.00 Page 105 of 114 66 of 305 L-6 Audible and Vibratory Pavement Markings Yellow - Skip 4" Yellow -Skip 6" IWhite - Solid 4" White - Solid 6" L-7 Legends "STOP" "R X R" (Includes 6" white) "ONLY" "LANE„ "MERGE" "SCHOOL" I"AHEAD" I- Visitor" "Resident" "Path" L-7 Markings TURN AND THROUGH LANE TURN ARROW THROUGH LANE USE ARROW TURN LANE USE ARROW BIKE OR CART BIKE ARROW `YIELD TRIANGLES L-8 I Reflective Pavement Markers IBi-Directional, Amber IMono -Directional Colorless Sumter County Board of County Commissioners 106 GM $ 9,901.50 $ 9,901.50 GM I $ 9,901.50 $ 9,901.50 GM $ 9,901.50 I $ 9,901.50 GM $ 9,901.50 $ 9,901.50 _ EA $ 120.75 $ 241.50 EA $ 241.50 $ 425.50 EA $ 115.00 $ 241.50 $115.00 I $241.50 EA $ 149.50 $ 299.00 EA $ 184.00 $ 339.25 ,y`_ - EA I $ 172.50 I $ 310.50 EA I $149.50 $ 402.50 EA $149.50 $ 460.00 EA $120.75 I $ 241.50 EA $ 80.50 $ 138.00 EA $ 40.25 ( $ 69.00 EA $ 46.00 $ 80.50z. EA $ 34.50 I $115.00 9`_ 3 IEA $ 34.50 I $ 287.60 EA $ 11.50 I $ 28.75 IEA $ 6.04 1$6.04 iEA $ 6.04 $ 6.04 Pape 105 of1f0 67 of 305 107 Bi-Directional, White/Red EA $ 6.04 $ 6.04 Sumter County Board of County Commissioners Page 107 of 114 68 of 305 W. L-9 Miscellaneous SINGLE POST SIGN, F&I GROUND MOUNT, UP AS TO 12 SF $350.00 SF SINGLE POST SIGN, F&I GROUND MOUNT,12-20 AS r $1,350.00 SINGLE POST SIGN, F&I GROUND MOUNT, 21-30 SF AS , 52,500.00 MAILBOX (REMOVE AND REPLACE) EA $325.00 Slit Fence Type III I LF $ 2.50 Removal of Existing Marking 5F $ 3.45 .�;w"✓c ti,i �,'� $ 11.50 Preform Thermoplastic 12" LF , Preform Thermoplastic 24" LF $ 23.00 Off Duty Law Enforcement Officer HR!. :x tl $ 100.00 CATEGORY L SUB -TOTAL UNIT PRICING: (Instructions: Enter Total $71,367.64 $100,000.OD I $4,665.45 of line item unit pricing for each column of Category L} CATEGORY L TOTAL UNIT PRICING: I $ 176,033.09 (Instructions:.Add together the total unit pricing of each column for Category L) ..a -v: xstq,n a. s v fir,• 06 j CATEGORY M — Mobilization UNIT $0.00 - $S0,001- $100,001- Over $50,000 $100,000 $500,000 $500,000 Work Order Total LS $ 3,500.00 $ 3,500.00 $ 3,500.00 $ 3,500.00 CATEGORY M SUB -TOTAL UNIT PRICING: (Instructions: Enter Total of line item unit $3,500.00 $3,500.00 $3,500.00 $3,500.00 pricing.for each column.of Category M) CATEGORY M TOTAL UNIT PRICING: (Instructions: Add together the total unit pricing of each column for $14,00.00 Category M) i CATEGORY N —Maintenance of UNIT 0-7 B -14 15 - 21 22-31 Over 31 Traffic Standard Index 600 Series MOT TWO-LANE AND MULTILANE, Day $ 500.00 $ 500.00 $ 500.00 $ 500.00 $ 500.00 i WORK ON SHOULDER i Standard Index 600 Series MOT TWO-LANE, TWO-WAY WORK Day $ 750.00 $ 750.00 $ 750.00 $ 750.D0 $ 750.00 WITHIN THE TRAVEL WAY i Sumter County 8oard of County Commissioners Page 108 of 114 69 of 305 109 Standard Index 600 Series MOT TWO-LANE, TWO-WAY, Day $ 750.00 $ 750.00 $ 750.00 $ 750.00 $750.00 INTERSECTION WORK Standard Index 600 Series MOT I Day j $ 750.00 $ 750.00 $ 750.00 $ 750.00 $ 750.00 Multilane Roadway, Lane Closures f I Standard Index 600 Series MOT Multilane Roadway, Intersection Day $ 750.00 $ 750.00 $ 750.00 $ 750.00 $ 750.00 Work I Standard index 600 Series MOT ! Day $ 750.00 $ 750.00 I $ 750.00 $ 750.00 $ 750.00 Temporary Road Closure I Standard Index 600 Series MOT I Day $ 750.00 $ 750.00 $ 750.00 I $750.00 $ 750.00 I Two -Way Left -Turn lanes I Standard Index 600 Series MOT I Day I $ 250.00 $ 250.00 I $ 250.00 $ 250.00 I $250.00 Sidewalk Closure Standard Index 600 Series Mf OT Day l $ 750.00 $ 750.00 $ 750.00 $ 750.00 I $ 750.00 Work Within the Roundabout I I CATEGORY N SUB -TOTAL UNIT PRICING: (instructions: Enter Total of line item unit $6,000.00 $6,000.00 $6,000.00 $6,000.00 $6,000.00 pricing; for each column of Catesory N) J CATEGORY N TOTAL UNIT PRICING: (Instructions: Add together the total unit pricing of each column for $30,000.00 Category N) SHADED NOTAPPUCABLE ,.�:+ti Sumter County Board of County Commissioners Page 109 of 114 70 of 305 110 BID OF Countywide Pavement Maintenance and Rehabilitation Services Bid Form Asphalt Pavinq Systems. Inc. Full Legal Company Name 8940 Gall Blvd, Zephyrhills, FL 33541 (813) 788-0010 (813) 788-0020 Mailing Address Telephone Number Fax Number Bidders: Having become familiar with requirements of the project, and having carefully examined the Bidding Documents and Specifications entitled SounZ wide Pavement Maintenance and Rehahnitation Services in Sumter County, Florida, the undersigned proposes to furnish all materials, labor and equipment, supervision and all other requirements necessary to comply with the Contract Documents to submit the following Bid summarized as follows: The following total unit costs (from the unit price) shall include all material, labor, equipment, and any other additional charges required to accomplish the work of the unit cost for any locations within Sumter County. Partial bids will be accepted on a per category basis. Bidders are = required to bid each category, but must provide pricing for ALL line items listed in those categories on the unit price for which the bidder is capable of producing and have prior applicable experience. FOR: Countywide Pavement Management and Rehabilitation Services CATEGORY A TOTAL UNIT PRICING: $ _ 331.3Q (From the unit price) Amount Written in Numerals Three hundred thirty one dollars and thirty nine cents. /100 Amount Written in Words CATEGORY B TOTAL UNIT PRICING: $ 6,492.44 (From the unit price) Amount Written in Numerals Six thousand four hundred ninety two dollars and forty four cents. /100 Amount Written in Words CATEGORY C TOTAL UNIT PRICING: $ 77.37 (From the unit price) Amount Written in Numerals Seventy seven dollars and thirtv seven cents. Sumter County Boardof CauMy Commissioners Page 110 of 114 71 of 305 M /100 Amount Written in Words CATEGORY D TOTAL UNIT PRICING: $ 43.15 (From the unit price) Amount Written In Numerals Forty three dollars and fifteen cents. /100 Amount Written in Words CATEGORY E TOTAL UNIT PRICING: $ 1,794.08 (From the unit price) Amount Written in Numerals One thousand seven hundred ninety four dollars and eight cents. /100 Amount Written in Words CATEGORY F TOTAL UNIT PRICING: $ 1,197.81 (From the unit price) Amount Written in Numerals One thousand one hundred ninety seven dollars and eighty one cents. /100 Amount Written in Words CATEGORY G TOTAL UNIT PRICING: $ 0.00 (From the unit price) Amount Written in Numerals No Bid /100 Amount Written in Words CATEGORY H TOTAL UNIT PRICING: $ 183.00 (From the unit price) Amount Written in Numerals One hundred eighty three dollars and zero cents. /100 Amount Written in Words CATEGORY I TOTAL UNIT PRICING: $ 20,000.00 (From the unit price) Amount Written in Numerals Twenty thousand dollars and zero cents. /100 Amount Written in Words Sumter Couny Board of County Commissioners Pape Ill of 114 72 of 305 112 CATEGORY TOTAL UNIT PRICING: $ 4.50 (From the unit price) Four dollars and fifkv cents. /100 Amount Written in Words Amount Written in Numerals CATEGORY K TOTAL UNIT PRICING: $ 32.00 (From the unit price) Amount Written in Numerals Thirty two dollars and zero cents. /100 Amount Written in Words CATEGORY L TOTAL UNIT PRICING: $ 176,033.09 (From the unit price) Amount Written in Numerals One hundred seventy six thousand thirty three dollars and nine cents. /100 Amount Written in Words CATEGORY M TOTAL UNIT PRICING: $ 14,000.00 (From the unit price) Amount Written in Numerals Fourteen thousand dollars and zero cents. /100 Amount Written In Words CATEGORY N TOTAL UNIT PRICING: $ 30,000.00 (From the unit price) Amount Written in Numerals Thirty thousand dollars and zero cents. /100 Amount Written In Words Each Bidder shall print legibly, in blue or black ink, the amount written in numerals and the amount written in words for the items shown above. In the event an amount submitted is not legible, the County reserves the right to consider It a "No Bid", and deem the Bidder nonresponsive to the requirements of the Bid. All Unit Prices shall be established at the beginning of the contract and may be adjusted (+ or -) annually upon approval of both the Contractor and County and only at the beginning of each renewal period. Any approved annual rate adjustments shall take effect with the first task order issued after the Sumter County Board of County Commissioners Page 112 of 114 73 of 305 113 renewal period. Additional Unit Price items not included on the official bid form will be submitted to the County's authorized representative for prior approval and will be added to the Standard Agreement through a Contract Amendment and must be accepted by both the Contractor and the County. Price adjustments for fuel and bituminous products will not be allowed on a task order basis. Note: The listing order of bid items reflects a construction sequence in general terms for bidding purposes only and Is not a specific construction schedule. Sumter County reserves the right to award a contract to more than one bidder. Sumter Count' Board of Counry Comminlormrs Pogo 113 of 114 74 of 305 BID FORM "BASE BID Alternative Paving Methods" Revised Pay Item Description Quantity Unit Unit Cost Pricing 2024 290-2 Asphaltic Base Course 20-200 TN 381.7 $ 535.53 280-2 Asphaltic Base Course 201-500 TN 192.88 S 270.61 280-2 Asphaltic Base Course 501-1000+ TN 144.43 S 19'I.50 327-1 Milling of Existing Asphalt (2" +/-) 50,000 + SY 4.06 $ 4.97 327-2 Milling of Existing Asphalt (2" +/-) 10.000 to 50,000 SY 4.42 $ 15.39 331-1 SP 9.5 Asphaltic Concrete 20-200 TN 381.7 $ 53.5.53 331-1 SP 9.5 Asphaltic Concrete 201-500 TN 192.88 $ 270.61 331-1 SP 9.5 Asphaltic Concrete 501-1000+ TN 144.43 S 197.50 333-1 SP 12.5 Asphaltic Concrete 20-200 TN 380.7 $ 534.12 333-1 SP 12.5 Asphaltic Concrete 201-500 TN 191.88 $ 269.21 333-1 SP 12.5 Asphaltic Concrete 501-1000+ TN 143.43 $ 196.50 333-2 Asphaltic Concrete Tvpe "S-3" 20-200 TN 381.7 $ 535.53 333-2 Asphaltic Concrete Tvpe "S-3" 201-500 TN 192.88 $ 27D.61 333-3 Asphaltic Base Course 10-200 TN 381.7 $ 535.53 333-3 Asphaltic Base Course 201-500+ TN 192.88 S 27D.61 333-2 Asphaltic Concrete Tvpe "S-3" 501-1000+ TN 144.43 $ 197.50 APM-001 Single Micro Surface 20-24 lbs 10,000 to 50,000 SY 2.34 $ 4.28 APM-001 Single Micro Surface 20-24 lbs 50,001 + SY 2.34 $ 4.28 APN1-002 Double Micro Surface 30-34 lbs 10,000 to 50,000 SY 3.99 $ 6.47 APM-002 Double Micro Surface 30-34 lbs 50,001 + SY 3.99 $ 6.47 APNi-003 Single Chip Seal -#89 Granite 10,000 to 50,000 SY 2.42 $ 3.76 APNi-003 Single Chip Seal -#89 Granite 50,001 + SY 2.42 $ 3.76 APM-004 Double Chip Seal - #57 w/#89 Granite 10,000 to 50,000 SY 4.98 $ 6.58 APNi-004 Double Chip Seal - #57 w/#89 Granite 50,001 + SY 4.98 S 6.58 APN1-005 Full Depth Reclamation / 6"-9" 10,000 to 50,000 SY 6.9 $ 9.85 APNi-005 Full Depth Reclamation /6"-9" 50,001 + SY 6.9 $ 9.74 APNi-006 Full Depth Reclamation /9-12 10,000 to 50,000 SY 6.9 $ 9.85 APM-006 Full Depth Reclamation /9-12 50,001 + SY 6.9 $ 9.74 APM-006a Cement for Reclamation 1 TN 160 $ 231.00 APM-006b Emulsion for Reclamation 1 Gal 2 $ 2.92 APT-001 Crack Filling / Sealing 1-1000 Gal 20 $ 33.00 APT-001 Crack Filling / Sealing 1001-3000 Gal 20 $ 33.00 APT-001 Crack Filling / Sealing 3001+ Gal 20 $ 33.00 APT-002 Fog Seal 10,000-50,000 SY 0.52 $ 0.72 APT-002 Fog Seal 50,001+ SY 0.52 $ 0.72 APT-002 Fog Seal 1-500 Gal 3.55 $ 5.28 APT-002 Fog Seal 501+ Gal 3.55 $ 5.28 PR-001 Pavement Rejuvenator 10.000-50,000 SY No Bid PR-002 Pavement Rejuvenator 50,001+ SY No Bid Signature of Proposer Name Firm or Patnership 75 of 305 t +SPHALT DATE: 4/ 1 /2024 �4V/NG :'YSTEMS ' TO: FROM: Asphalt Paving Systems, Inc. City of Sebastian- Public Works Kris Shane -Fast Coast Florida Rep 1225 Main St 9021 Wire Road Sebastian, FL 32958 Zephyrhills, FL 33540 772-228-7013 Ph:813-480-186S RE: Project proposal 2022 Micro Surfacing and Cape Seal Product Description Units Quantity Unit Price Total Price Sumter County Contract Cape Seal SY 37,622.00 $ 10.21 S 384.120.62 CrackFilling/Sealing GAL 1.000.00 $ 3S.00 S 35,000.00 'Mastic Patch" Mobilization LS 0.50 S 3,500.00 S 1,750.00 MOT IS 4.00 S 750.00 S 3.000.00 6' Yellow Solid Traffic Stripe (Paint) GM 0.21 S 3.864.00 S 811.44 6' White Solid Traffic Stripe (Paint) GM 0.11 $ 3,910.00 S 430.10 12" Solid Traffic Stripe (Paint) LF 0.00 $ 4.83 S - 18' Solid Traffic Stripe (Paint) LF 0.00 $ 7.25 S 24" Solid Traffic Stripe (Paint) LF 886.00 $ 9.66 S 8,558.76 White Message (Paint) EA 0.00 $ 149.S0 S - WhlteArrow(Paint) EA 0.00 S 46.00 $ 6" Yellow Solid Stripe/ Extru. Thermo. LF 0.21 S 6,325.00 S 1,328.25 6' White Solid Stripe/ Extru. Thermo. LF 0.11 S 632S.00 S 695.75 12" Solid Stripe/ Extru. Thermo. LF 0.00 $ 6.04 $ - 18' Solid Stripe/ Extru. Thermo. LF 0.00 S 7.25 S 24" Solid Stripe/ Extru. Thermo. LF 886.00 S 12.08 S 10,702.88 White Message/ Extru. Thermo. EA 0.00 $ 241.S0 S White Arrow/ Extru. Thermo. EA 0.00 $ 138.00 S - RPMS EA S4.00 S 7.00 S 378.00 "2022 and 2023 preservation years to be completed at the same time - Total S 446,775.80 Respectfully Submitted, Accepted By: Asphalt Paving Systems, Inc. Signature: Zephyrhills, Florida c: 813-480-1865 e: kshaneaps@gmail.com Dale: • Proposal .5d to, 30 d.ys Page 1 of 2 76 of 305 KS PROPl1635b --IN -- Sebastian- 2022-Micro-Cape Seal -Var Rds- $446K--4-1.24.xls ITEM I S1111.1A NkME I FROM ADMIRAL CIR SCHUMANN DR AETNA ST SCHUMANN DR CAPRI AV CAPRONA ST CAPRI AV Schumann Dr DAHLAV SCHUMANN DR FLINT ST ADMIRAL CIR MARSH ST DAHL AVE OSCEOLA AV DEAD END Caprona St 5 Easy St Empress Ave Caprona St Empress Ave Schumann Dr Englar Or Schumann Or Ormond Ct Caprona 5t S Easy St Schumann Or Thunderbird Or Schumann Or �; SPHALT AV/NG YS TEMS 2..022 Preservation Project Street list 1 TO I LENGTH 1 w10T11 I TRruulITS CO!!�E T, SCHUMANN DR 1.850 201 4.111.11 CAPE SEAL- 2 set backs/ level at 135 CAPE SEAL- 1 set back/ level at 116 CAPE SEAL- 1 set back/ level at 140 and others CAPE SEAL- I set back/ level at 111 CAPE SEAL- 1 set back/ level at 116/ heavy mastic CAPE SEAL. mastic in radius CAPE SEAL CAPE SEAL- 1 set back CAPE SEAL- level at 166 and others/ mastic and manholes CAPE SEAL- 1 set back/ level at 177 CAPE SEAL- 1 set back CAPE SEAL- 1 set back CAPE SEAL - CAPE SEAL- 1 set back/ level at 974, 946, and others CAPE SEAL- confirm limits with City OSCEOLA AVE 990 20 2,200.00 Schumann Or 1.100 20 2,444.44 ENGLAR DR 845 20 1,877.78 EMPRESS AVE 1,120 20 2,488.89 ADMIRAL CIR 740 20 1.644.44 EMPRESSAVE 800 20 1,777.78 SCHUMANN OR 1,060 20 2,355.56 Englar Dr 2585 20 5,744.44 Schumann Or 1100 20 2,444.44 DE 660 20 1,466.67 Capri Ave 550 20 1,222.22 Empress Ave 1080 20 2,400.00 DE to City Limits 1350 20 3,000.00 PC at Park 1 11001 20 2,444.44 16.93u.uu Asphalt Paving Systems, Inc. Kris Shane - South Florida Rep Zephyrhllls, FL 33540 Ph: 813.480-1865 Page 2 of 2 77 of 305 SPHALT DATE: 4/9/2024 AV/NG YSTEMS TO. FROM: Asphalt P-hrg Sysurns, Inc. Cil)of Seba.fian-Publlr W.A. Kris Shane Fast CUast Florida Rep 1225 Main St 9021 W- Rnad Sebaaian, It. 3N38 Zephyrhdk,Fl- 33540 772-228.7013 Ph: 813-480.1865 I1F.: Prolcl proposal 2022 Milling and Resurfacing Prod- 1) ... S...- Ceunn C-r- Units Quantity Unit Prkg Total P- Spring Yallry A.e Mllhngol Eauting Asphalt l.5' SY 3.00000 3 7.15 S 21,450.00 SI' 9.S Asphaltic r Dole. l.S' Oserlay TN 25DA0 S 25106 S 62,96S.00 Schumann or (Seg 1) Milling of Eaisttng Asphalt ./ Y SY 7.384.00 S 4.99 S 36.846.16 Sp 95 A.pUlor Fa--l.S'M-Uy TN 610.W S 1R829 S 114,656.90 Schumann or (Seg 2) Mdhngnf E:nct in Asphalt•1. 2' SY 7,384,00 3 4.99 S 36.846.16 SP9.5 Acphalnc Concretr-1.S'0.<r6v TN 610.00 S 18829 S 134.056.90 Schumann Dr (Set 3) Milhng of Ew,ur, Aspha11./.1' SY 7,384.00 S 4.w S 36.846.16 SP9SAsph3ll1cC-I, LSOecrhy TN 610.00 S I8A.VI S 114.856.90 Schumann Or Set Backs (Fast) Milling olEushng Asp1u11 I" SY 111.11 S 13,71 I S 11,343.75 SP 95 A.phalur Concrete. I.S'(heday TN 70.00 I S 2SIJk, I S 17.630.20 Schumann Or Set Backs (Wn1) I I I I M ahng ul F-Ii ng Asplu111.5- I 'y 825.UU I S 13.75 I S 11.343.75 SP9.5 Asphaluc Cnnt--I.S*0-by I TN I 70.00 I f 2SI at. S 17.630.20 I I Moblltvn�n I I[ I I 2.W I S 3.5W00 I S 7,000.DO IMOT I I.ti I 14.00 S 75000 I S 10,50U.00 I I I6.3'cBmr hdTralOcStrlpe(Paint) I 3.15 S I 3.6.00 I S 12,171.60 I6'W'htte Snhd Tra(6c Strip,(Paint) I l.4 I 3.08 I S 3,1)1000 I S 12.042.80 112- Solid Traffic Slnpr(Pmnl) IF I 204.00 I S 4.93 I S 485.32 WWII! Traffic Stnpe (l'amt) ff I 160.00 I S 7.25 I S 1.160.00 I24-Suhd Traffic Stnpe IN-) I ff I 22a00 I $ 9.66 15 2.202.48 IHTItr M-S,INInt) I fA I C.W I S I4950I S IW611e Arr-(Pm.tl I FA I 3.0u S 46.00 I S 138.00 I6'1,1--,d Scnpe/Fitru TMrmo. I 1F I 3.15 I S 6.32500I S 19,923.75 6'hite Solid Stripe/a.. Themo. I . f 6.3250.0 19,481.00 I 204Uu S 604 S 1232.1612'SotdSmpr/Ettrv.Thrnnu ' Snp/EaThem LIFF F 160.00 S 7.25 S 1.160.00R'Sand I24•Slid Stp/E.. m 229.00 S S 2.754.24 White m-g,/VinThermoI I.A 0.00 f IS 42.08 - ISS'hurA-1F-Thr- I ::) I 3.00 I S 138W S 414.00 RP14S I E4 I 466.111) I S 7.00 I S 3,262.00 Total I S 691.899.43 Retpectfidly Submitted. Acceple0 By Asrhal: Pinang Syslrms, lnc S,;-1e Zephyr,hllh, Fonda r�813-4110-1865 r k.shanrap,s gmad.c9m Data Page 1 of 2 78 of 305 KS PROPA631c —IN — Sebastian 2022-Var Rds- S691K—4-9-24.xis ITEM I STREET NAME I 2022 Mill/Overlay Project Street list FROM I TO I LENrTIi I wiwni I TOTAL UNITS CQMMENTS I 1.S- M/0 Spring Valley Ave PC South of Crawford DR DE north of Mabry St 1350 20 3,000.00 Schumann Dr Barber St Beach Ln 2" M/0 j J 5 SY F-J1 100 SY f!A At Barber 500 37 2,055.56 6850 25 19,027.78 at Beach Ln 200 48 1,066.67 Set backs at school x3 445.00 Side street set backs x12 1,200.00 Skip section at canal north of school approx 250' 8,"Ioo.00 ;�,795 SPH.4LT :4 V/NG YS r Asphalt Paving Systems, Inc. Kris Shane - South Florida Rep Zephyrhills, FL 33540 Ph:813.480-1865 Page 2 of 2 79 of 305 �)SPHALT DATE: 4/1/2024 �'AV/NG aYSTEMS TO: FROM: Asphalt Paving Systems, Inc. City of Sebastian- Public Works Kris Shane -East Coast Florida Rep 1225 Main St 9021 Wire Road Sebastian, FL 32958 Zephyrhills, FL 33540 772-228-7013 Ph: 813-480.1865 RE: Project proposal 2023 Cape Seal Product Description Units Quantity Unit Price Total Price Sumter County Contract Cape Seal SY 21,200.00 $ 10.21 S 216,452.00 Crack Filling/Sealing GAL 900.00 $ 35.00 S 31,500.00 'Mastic Patch - Mobilization IS 0.50 S 3,S00.00 S 1,750.00 MOT IS 3.00 S 7S0.00 S 2,250.00 6" Yellow Solid Traffic Stripe (Paint) GM 0.16 S 3,864.00 $ 618.24 6" White Solid Traffic Stripe (Paint) GM 0.14 $ 3,910.00 S 547.40 12" Solid Traffic Stripe (Paint) LF 0.00 S 4.83 $ - 18" Solid Traffic Stripe (Paint) LF 0.00 $ 7.25 $ - 24" Solid Traffic Stripe (Paint) LF 7S.00 $ 9.66 S 724.50 White Message (Paint) EA 5.00 S 149.50 $ 747.50 White Arrow (Paint) EA 7.00 S 46.00 S 322.00 6" Yellow Solid Stripe/ Extru. Thermo. LF 0.16 S 6,325.00 $ 1,012.00 6" White Solid Stripe/ Extru. Thermo. LF 0.14 S 6,325.00 $ 885.50 12" Solid Stripe/ Extru. Thermo. LF 0.00 $ 6.04 $ - 18" Solid Stripe/ Extru. Thermo. LF 0.00 S 7.25 $ 24" Solid Stripe/ Extru. Thermo. LF 7S.00 $ 12.08 $ 906.00 White Message/ Extra. Thermo. EA 5.00 $ 241.50 S 1,207.50 White Arrow/ Extru. Thermo. EA 7.00 $ 138.00 S 966.00 RPMS EA 48.00 $ 7.00 $ 336.00 • 2022 and 2023 preservation years to be completed at the same time - Total $ 260,224.64 Respectfully Submitted, Accepted By Asphalt Paving Systems, Inc. Signature: Zephyrhills, Florida c: 813.480.1865 e: kshaneaps@gmatl.com Date: Proposal vaW lot 30 day, Page 1 of 2 80 of 305 KS PROPIt634b --IN -- Sebastian-2023- Micro -Cape Seal -Var Rds- S260K--4-1-24.xis 2023 Preservation Project Street list I 111"1 I STRELTNAME _ I,_ _ _FROM I TO I LENGTH I WIDTH I TOTALUNITS COMMJJNTS CAPE SEAL/ Isolated leveling/ EOP Mastic S WIMBROW OR Del Monte Rd PC Sebastian Blvd 7,9S0 24 21,200.D0 950.00 21,200 SPHALT �Vv-' TEMS Asphalt Paving Systems, Inc. Kris Shane - South Florida Rep Zephyrhills, FL 33540 Ph:813-480.1865 Page 2 of 2 81 of 305 SP ALT A Y-19 YS TEMS TO: City of Sebastian -Public Worsa 1225 Mal. St Sebastian- FL 324S6 772-228.7013 RE: 1'rol"t proposal I023 Milling and Resurfacing Product D-pnon Sumter C..nty Canino OaThSt Milling of F.ouring Asphalt I.S' SP 9.5 Asphaltic Co.-,,- 1.5' Overlay l ff- St Whog of F--, Asphalt 1.5' SIP 9.5 Asphaltic Concrete- 1.5' ih'erlay Mllling.f Fshting Asphalt 1.5' St' 9.S Asphaltic Coneretr- 1.5' Oswlay Whng of F.nshng Asphalt I.S' SP 9.S Asphallic C.ncrete- 1.5' O-rlay Faith Ter MIIIIngofENWl.g AWhalt I.S' SP 9.S Asphaltic Conc7ete- 1.5" Overlay Milling.( Foisting Asphali 1.5' SP 9.S Asphaltic Concrete- I.S' (frothy M.W-11"n MOT 6' Yellow Sulld Wfic Smpe (Pain' 6'WWte Solid T. icSnipe(Paint) 12" S.IId Tn Mc Sirlpe (Paint) 18' Sohd Tra(Bc Stpe (Pahl) 24' Sohd Tnf ,c Strrpe (Paint) Whne Menage (Palo[) White An -(Paint) W Yell.w Solid Stripe/ E,Im Thetns.. 6 Whne Solid Stripe/ IF -.Thereto. 12' Solid Stripe/ F.mru. Therm,. 18' S.hd Snipe/ EMru. Therm,. 24" Wid Stripe/ Fmu.Therm.. Whir, Message/ Emu Thermo. Whne Arrow/ Esiru. Thermo. RPMS Respectfully Submitted, A.tphelt P-1.9 Systems Inc. 'Lephyrhills. Florida c 813-480.186S ,: ksh.-psg'gmail- Units SY TN SY TN SY TN SY TN SY TN SY m Ls IS GM CM LF LF LF EA EA LF LF I.F L' LF F.A EA FA Page 1 of 2 DATE: 4/1/2024 FROM: Asphalt Pa31ng Systems,lnc. Kris Shane -East Cart Fl.ride Rep 9021 W Ire FWd 7.ephyihllls. Ff. 33540 Ph: B13.480-1865 Quantity Unit Price Ton] Price 3.198.00 S 7.15 S 22.065.70 265.00 S 251.86 $ 66,742.90 320.00 S 7.15 S 2,288.00 2800 S 2S1.86 S 7.052.06 2.173.00 S 7,15 S 15.5316.95 Ifl0.00 $ 2SI.86 S 45334.flO 9,286.00 S 4.75 S 39.465.50 770.00 S I8829 S 144,983.30 4,356A0 1 7.15 S 31,14S.40 360.00 s 25186 $ 90,669.60 9.478.00 1 4.25 S 40,2111.50 782.00 $ INN.29 $ 147.242.70 6.00 S 3.500.00 S 21.000,00 1200. S 75D00 S 9.00000 158 $ 3.86400 S 6,105.12 030 1 3.910.00 S 1.173.00 4S0.00 s 4.03 $ 2,173.50 0.00 S 7.25 S - 430.00 S 9,66 S 4.153.80 2.00 s 14950 S 299.00 2.00 s WOO S 92.00 ISO S 6.325.00 S 9,993.SO 030 s 6.325.00 S 1.897.50 4So.00 s 6,04 S 2,718,00 0.00 $ 7.25 S 430.00 s 1208 S 5,194.40 2.00 S 241.50 S 483,00 ZOO S 138.W $ 276.00 265.00 s 7.00 S 1.855.00 Acceplad By S,V.tura Date Total S 720,022.33 Pmoo...era w so P9. 82 of 305 KS PROPN630b —IN — Sebastian 2023-Var Rds- $720K--4-1-24.xis ITEM I STREUNAME I 2023 Mill/Overlay Project Street list FROM I TO I LENGTH I wIDT11 l TOTAL UNITS I c0(yftENTS " I Limits?? Howfar do wecome outto USI Gutters paved Into 7? Limits??? 10 totrim brush Llmfts??? How far out to US!?? 1.5' Davis St US1 IDE 375 21 875.00 1. 5' Davis St US1 Indian River Dr 950 22 2,322.22 1.5" Faith Ter S Wimbrow Dr Del Monte Rd 1960 20 4,355.56 1.S' Jefferson St NCentral Ave US1 901 32 320.00 1.5" N Central Ave U51 DE to City Limits 820 30 2,733.33 1.5" Lousiana Ave Sebastian Blvd DE 420 16 746.67 440 22 1,075.56 Culdesac 350.00 1.5" N Central Ave US1 DE to City Limits 2680 22 6,551.11 Del Monte Rd S Wimbrow Dr S Wimbrow Dr 4265 20 9,477.78 12,000.00 28.807 'SPN.4LT MAV/NG �+iYSTEMS Asphalt Paving Systems, Inc. Kris Shane - South Florida Rep Zephyrhills, FL 33540 Ph:813-480-1865 Page 2 of 2 83 of 305 r SEBASTIAN (fNTINNIi1 (IIIRRATION 1111.1014 CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: April 24, 2024 Agenda Item Title: Approve purchase order for Asphalt Paving Systems, Inc. to complete Schumann Trail Resurfacing. Recommendation: Staff recommends City Council approval of a purchase order for $85,571.40 to fund resurfacing of Schumann Trail and authorization for the City Manager or designee to execute. Background: In conjunction with the 2022 roadway repaving and rehabilitation, the Schumann Trail asphalt sidewalk requires a complete resurfacing as it is beyond its life expectancy. Schumann Trail's 1.5 mile section of asphalt sidewalk must be milled where needed and resurfaced with asphalt. Staff determined the City of Sebastian's piggyback of Sumter County's contract with Asphalt Paving systems was the best option. If Council approves staff's request to piggyback Sumter County's contract for roadway paving and rehabilitation, Staff is requesting approval to use the piggyback agreement to complete the resurfacing of Schumann Trail and for authorization for the City Manager or designee to execute. If Agenda Item Requires Expenditure of Funds: Budgeted Amount: $75,000 Total Cost: $85,571.40 Funds to Be Utilized for Appropriation: General Fund sidewalk budget & General Fund Reserves Attachments: 1. Asphalt Paving Systems, Inc. Schumann Trail Quote 2. 45-0-2023 ITB City of Sebastian Piggyback Agreement Administrative Services Department Review: City Attorney Review Procurement Division Review, if applicable: 1 i City Manager Authorization: i Date: L/// 7 /a v d y 84 of 305 . ��JSPHALT AV//VG 5 YSTEMS TO: City of Sebastian- Public Works 1225 Main St Sebastian, FL 32958 772-228-7013 RE: Project proposal 2022 Resurfacing- Schumann Dr Trail Product Description Sumter County Contract Schumann Trail- runs parallel to Schuman Dr Milling of Existing Asphalt 1" "Where needed" SP 9.5 Asphaltic Concrete- 1" Overlay Mobilization MOT **No Striping" **No Testing or QC required- considered misc asphalt" Respectfully Submitted, Asphalt Paving Systems, Inc. Zephyrhills, Florida c: 813-480-1865 e: lcshaneaps@gmail.com Units SY TN LS LS Page 1 of 2 DATE: 4/1/2024 FROM: Asphalt Paving Systems, Inc. Kris Shane -East Coast Florida Rep 9021 Wire Road Zephyrhills, FL 33540 Ph: 813-480-1865 Quantity Unit Price Total Price 2,500.00 $ 7.15 $ 17,875.00 240.00 $ 251.86 $ 60,446.40 1.00 $ 3,500.00 $ 3,500.00 5.00 $ 750.00 $ 3,750.00 Accepted By: Signature: Date: Total $ 85,571.40 Pr000sai valid for 30 days, 85 of 305 PIGGYBACK AGREEMENT FOR SERVICES BETWEEN THE CITY OF SEBASTIAN AND ASPHALT PAVING SYSTEMS, INC. THIS AGREEMENT is made and entered into on , 2024 by the City of Sebastian, a municipal corporation of the State of Florida, (hereinafter referred to as "CITY") and Asphalt Paving Systems, Inc., (hereinafter "VENDOR"). WHEREAS, the Board of Sumter County Commissioners has previously entered into a contract with Vendor to provide pavement maintenance and rehabilitation services on November 14, 2023 (attached as Exhibit A hereto); and WHEREAS, the City of Sebastian wishes to enter into a like contract with Vendor under the same terms and applicable conditions as that prior agreement entered into by the Board of Sumter County Commissioners to provide pavement maintenance and rehabilitation services and other related tasks as may be assigned by the City; and WHEREAS, Chapter 287, Florida Statutes and purchasing procedures of the City of Sebastian grant the authority to piggyback the purchase of goods and services as a form inter -governmental cooperative purchasing in which a public purchaser requests competitive sealed bids, enters into a contract, and arranges, as part of the contract, for other public purchasing units to purchase from the selected vendor under the same terms and conditions as itself in order to take advantage of the better pricing that large purchasers are able to obtain in order to reduce administrative time and costs involved in the procurement process (i.e., cost of preparing bid specifications, advertising, etc.); and WHEREAS, the City of Sebastian has determined that in this circumstance, piggybacking onto a contract entered into by the Board of Sumter County Commissioners is the most economically advantageous way to procure these goods and services. NOW THEREFORE, in consideration of the mutual covenants, terms, and provisions contained herein, the parties agree as follows: 1. TERM The initial term shall end on November 13, 2025. This agreement is subject to renewal or extension in one year increments by agreement of the parties in writing. 2. GENERAL PROVISIONS All other terms and conditions of the contract and any amendments thereto entered into between the Board of Sumter County Commissioners and Vendor Page 1 of 5 86 of 305 referenced above will be applicable to this agreement unless specified herein. 3. NOTICES All notices and demands shall be sent U.S. Certified Mail, return receipt to: VENDOR: Robert Capoferri, President Asphalt Paving Systems, Inc. 8940 Gall Blvd Zephyrhills, FL 33540 4. PUBLIC RECORDS CITY: Brian Benton, City Manager City of Sebastian 1225 Main Street Sebastian, FL 32958 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: JEANETTE WILLIAMS, CITY CLERK 1225 MAIN ST SEBASTIAN, FL 32958 (772) 388-8215 JWILLIAMS(a,CITYOFSEBASTIAWORG Vendor agrees to comply with public records laws, specifically to: A. Keep and maintain public records required by the public agency to perform the service. B. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. D. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the Page 2 of 5 87 of 305 contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 3 of 5 88 of 305 IN WITNESS WHEREOF, the parties hereto have through their duly authorized representatives, approved and executed this Agreement as of the date set forth below. ATTEST: ASPHALT PAVING SYSTEMS, INC. 31 Robert Capoferri, President Date: ATTEST: CITY OF SEBASTIAN, FL 0 Jeanette Williams, MMC Brian Benton, City Manager City Clerk For the use and reliance of the City of Sebastian only. Approved as to form and legal sufficiency. Jennifer D. Cockcroft, Esq. City Attorney Date: Page 4 of 5 89 of 305 EXHIBIT A Board of Sumter County Commissioners Agreement Page 5 of 5 90 of 305 SUMTER COUNTY COUNTYWIDE PAVEMENT MAINTENANCE AND REHABILITIATION SERVICES AGREEMENT THIS AGREEMENT (hereinafter referred to as "Agreement") is made and entered into this 14t' day of November, 2023, by and between Board of Sumter County Commissioners (hereinafter referred to as "Board," or "County"), whose address is 7375 Powell Road, Wildwood, Florida 34785, and Asphalt Paving Systems, Inc. (hereafter referred to as "Vendor"), whose address is 8940 Gall Boulevard, Zephyrhills, Florida 33541. RECITALS WHEREAS, the Board has need of professional services for ITB 045-0-2023/RS; and WHEREAS, the parties desire to enter into a written agreement outlining the duties, responsibilities and compensation of Vendor, based on the Vendor's response to ITB 045-0- 2023/RS Countywide Pavement Maintenance and Rehabilitation Services. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements contained herein, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. The relationship of the Vendor to the Board will be that of a professional Vendor and the Vendor will provide the professional and technical services required under this Agreement in accordance with acceptable professional practices and ethical standards applicable to Vendor's profession, and Vendor will endeavor to provide to the Board prompt and efficient services to the best of its ability. 2. Vendor is hereby retained and employed as a Sumter County Contactor, and will work with the Board to provide services in accordance with the scope of work outlined in ITB 045-0- 2023/RS. 3. The term of this Agreement shall commence on November 14, 2023 and continue full force for two years with an additional two (2) — one year renewals from the date established in the Notice to Proceed, unless otherwise terminated as provided in paragraph four (4) of this Agreement. The term of this Agreement does not relieve the Vendor of any future responsibility as described in paragraph six (6) of this Agreement. 4. This Agreement may be terminated by either party upon thirty (30) days prior written notice to the other party at the address designated in this Agreement for receiving such notice. If this Agreement is terminated, Vendor shall be authorized to receive payment for all work performed up to the date of termination. With regard to compensation paid to Contractor, Contractor shall furnish to the Board an itemized invoice detailing all of Contractors hours, services, expenses and any other services utilized by the Board. The invoice shall be itemized pursuant to and in accordance with the Fee Schedule, attached hereto as Exhibit A, and incorporated herein in heec verba. Contractor shall submit all invoices pursuant to the Local Government Prompt Payment Act, F.S. 218. Contractor acknowledges and agrees that the rates set forth in the Fee Schedule shall remain fixed throughout the duration of this Agreement, including both the 91 of 305 Initial Term and any Renewal Term, and thereafter shall only be adjusted by mutual written agreement of both parties. a. For construction services progress payments, 5 percent (5%) of the payment will be withheld. 2. General Considerations. a. All reports, drawings, designs, specifications, notebooks, computations, details, and calculation documents prepared by Vendor and presented to the Board pursuant to this Agreement are and remain the property of the Board as instruments of service. b. All analyses, data, documents, models, modeling, reports and tests performed or utilized by Vendor shall be made available to the Board upon request and shall be considered public records. c. Vendor is required to: (i) keep and maintain public records required by Board; (ii) upon request from Board' s custodian of public records, provide Board with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a reasonable or as otherwise provided by law; (iii) ensure that public records that are exempt or, confidential and exempt, from public records disclosure requirements are not disclosed except as authorized by law for the duration of this Agreement and following completion of this Agreement if Vendor does not transfer the records to Board; (iv) upon completion of this Agreement, transfer, at no cost, to Board all public records in possession of Vendor or keep and maintain public records required by Board. d. If Vendor transfers all public records to Board upon completion of this Agreement, Vendor shall destroy any duplicate public records that are exempt or, confidential and exempt, from public records disclosure requirements. If Vendor keeps and maintains public records upon completion of this Agreement, Vendor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to Board, upon request from Board's custodian of public records, in a format that is compatible with the information technology systems of Board. e. Vendor shall keep all books, records, files, drawings, plans and other documentation, including all electronically stored items, which concern or relate to the services required hereunder (the "Records"), for a minimum of five (5) years from the date of expiration or termination of this Agreement, or as otherwise required by any applicable law, whichever date is later. The Board shall have the right to order, inspect, and copy all the Records as often as it deems necessary during any such period -of -time. The right to audit, inspect, and copy Records shall include all of the records of sub -Vendors (if any). f. Vendor shall, at all times, comply with the Florida Public Records Law, the Florida Open Meeting Law and all other applicable laws, rules and regulations of the State of Florida. g. IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE VENDORS' DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 352-689-4400, Sumter County Board of County Commissioners, 7375 Powell Road, Wildwood, Florida 34785 or via email at Records@sumtercountyfl.gov. 92 of 305 h. Vendor shall, at all times, carry General Liability, Automobile and Worker' s Compensation Insurance pursuant to the insurance requirements in ITB 045-0- 2023/RS, naming Board as both a certificate holder and an additional insured in each such policy. i. Upon Vendor's written request, the Board will furnish, or cause to be furnished, such reports, studies, instruments, documents, and other information as Vendor and Board mutually deem necessary, and Vendor may rely upon same in performing the services required under this Agreement. j. Vendor is obligated by this agreement to comply with Section 20.055(5), Florida Statutes. k. Any entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non -responsive contractor may not submit a bid. 3. The Vendor may be required to provide additional services to the Board on challenges, public protests, administrative hearings or similar matters. The Vendor shall be available to represent the Board, serve as an expert witness, and provide supporting documentation as necessary. Should any other professional services be called for by the Board that are not otherwise set forth in this Agreement or any of its attachments or exhibits, charges for these services shall be agreed upon in advance by the parties hereto. 4. The Contract Documents, which comprise the entire Contract between Board and Vendor and which are further incorporated herein by reference, consist of the following: a. ITB 045-0-2023/RS b. Vendor's Bid in Response to ITB 045-0-2023/RS c. This Agreement d. Permits / Licenses e. All Bid Addenda Issued Prior to Opening Date f. All Modifications and Change Orders Issued 5. Vendor shall be solely and entirely responsible for its tortious acts and for the tortious acts of its agents, employees, or servants during the performance of this Agreement. Vendor shall indemnify and save harmless the Board, its agents, employees and officers from and against all liabilities, claims, demands, or actions at law and equity including court costs and attorney's fees that may hereafter at any time be made or brought by anyone for the purposes of enforcing a claim on account of any injury or damage allegedly caused or occurring to any person or property in which was caused in whole or in part by any tortious, wrongful, or intentional acts or omissions of Vendor, its agents, or employees during performance under this Agreement. The foregoing is not intended, and shall not be construed, as a waiver by Board of the benefits of Section 768.28, Florida Statutes. 6. Vendor is, and shall be, in the performance of all services and activities under this Agreement, an independent contractor, and not an employee, agent, or servant of Board; and no provisions of Board's personnel policies shall apply to this Agreement. None of the benefits provided by Board to its employees including, but not limited to, worker' s compensation insurance and unemployment insurance, are available from Board to Vendor, or its employees, agents or servants. Vendor assumes responsibility for payment of all federal, state and local taxes imposed or required of Vendor including but not limited to FICA, FUTA, unemployment insurance, Social Security and income tax laws for which Vendor as employer is responsible. Vendor shall be solely responsible for any worker's 93 of 305 compensation insurance required by law and shall provide the Board with proof of insurance upon demand. The parties agree that Board shall not: (a) pay dues, licenses or membership fees for Vendor; (b) require attendance by Vendor, except as otherwise specified herein; (c) control the method, manner or means of performing under this Agreement, except as otherwise specified herein; or (d) restrict or prevent Vendor from working for any other party. 7. Force Majeure. No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder)], when and to the extent such failure or delay is caused by or results from the following force majeure events ("Force Majeure Events"): (a) acts of God; (b) flood, fire, earthquake or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, warlike operation, insurrection, rebellion, revolution, military or usurped power, sabotage or other civil unrest; (d) strikes, embargoes, blockades, labor stoppages, lockouts or slowdowns or other industrial disturbances or inability to obtain necessary materials or services (e) governmental delay regarding permits or approvals; (f) action by any governmental authority; (g) national or regional emergency; (h) shortage of adequate power or transportation facilities; or Q) other similar events beyond the reasonable control of the party impacted by the Force Majeure Event (the "Impacted Party") and provided further, however, that such performance shall be resumed and completed with due diligence and reasonable dispatch as soon as the contingency causing the delay or impossibility shall abate. 8. Attorney's Fees; and Costs of Enforcement. In the event suit is commenced to enforce this Agreement, costs of said suit including reasonable attorneys' fees in all proceedings, trials, investigations, appearances, appeals and in any bankruptcy proceeding or administrative proceeding shall be paid to the prevailing party by the non -prevailing party. In the event of default by either party hereto, the defaulting party shall be liable for all costs and expenses, including reasonable attorney' s fees and costs incurred by the other party in enforcing its rights hereunder, whether litigation be instituted or not, at the trial court and appellate court level. 9. Law of the Agreement; Jurisdiction and Venue. The Parties agree that the laws of the State of Florida shall govern any dispute arising from or related to this Agreement. The Parties to this Agreement agree that venue and jurisdiction is mandated to lie only in the state courts located in Sumter County, Florida. Removal of this case to federal court is not permitted. Litigation in federal court is precluded by agreement of the parties hereto. If, even though precluded by agreement of the Parties hereto, litigation arising from or based upon this contract should be mandated by a court of competent jurisdiction issued pursuant to a duly noticed hearing giving Sumter County adequate time to respond and all of the benefits of due process to lie in the proper venue or jurisdiction of a federal court, that federal court shall only be in the Middle District of Florida, Ocala Division. The Parties further agree that entry into this agreement constitutes irrevocable consent that the exclusive venue for any such dispute shall lie solely in the state or county courts in and for Sumter County, Florida. The Parties expressly and irrevocably waive any right(s) to removal of any such dispute to any federal court, unless the federal court has exclusive jurisdiction; in such cases, the parties agree that the exclusive venue for any such disputes shall be the United States District Court, in and for the Middle District of Florida, Ocala Division. Process in any action or proceeding referred to in this paragraph may be served on any party anywhere in the world, such party waives any argument that said party is not 94 of 305 subject to the jurisdiction of the state courts located in Sumter County, Florida and that the laws of the state of Florida. 10. Entire Agreement. This Agreement contains the entire agreement of the Parties and may not be changed except by written agreement duly executed by the Parties hereto. This Agreement supersedes any prior understandings or agreements between the Parties, and there are no representations, warranties, or oral agreements other than those expressly set forth herein. 11. Assignment. This Agreement shall not be assigned nor may any portion of the obligations contemplated in this Agreement be subcontracted to another party without prior written approval of County. No such approval by County of any assignment or subcontract shall be deemed in any event or in any manner to provide for the incurrence of any obligation of County. All such assignments and subcontracts shall be subject to the terms and conditions of this Agreement and to any conditions of approval that County shall deem necessary. 12. Compliance with Licenses, Permits, and Applicable Laws. In performing services hereunder, Vendor shall comply with all federal, state and local laws and regulations. Vendor shall be responsible for identifying and obtaining all permits necessary to complete the scope of services. Vendor shall be responsible for obtaining, at its sole cost and expense, all necessary license licenses and other governmental approvals required in order for Vendor to provide the type of services required hereunder. 13. E-Verify: system established by the U.S. Department of Homeland Security to determine the immigration and work -eligibility status of prospective employees. 14. The Vendor agrees to certify to the Board that Vendor is in compliance with the federal E- Verify program, including obtaining written certification from all sub -Vendors who will participate in the performance of scope of services contemplated in this Agreement. All sub -Vendor certifications must be kept on file by the Vendor and made available to the state and/or the Board upon request. The Board reserves the right to take action against any Vendor deemed to be non -compliant; potential actions may include, but are not limited to, cancellation of this Agreement and/or suspending or debarring the Vendor from performing services for the County. 15. Conflict of Interest. Vendor shall notify Board in writing of any commitments during the term of this Agreement which may constitute a potential or actual conflict of interest with respect to the scope of services to be performed for the Board. 16. Corporate Status; Change of Ownership. If Vendor is a non -governmental, corporate entity: a. Corporate Status. Vendor shall ensure that the corporate status shall continuously be in good standing and active and current with the state of its incorporation and the State of Florida and at all times throughout the Term, and any renewal or extension hereof. Failure of the Vendor to keep its corporate status active and current shall constitute a material breach under the terms of this Agreement. b. Change of Ownership. Vendor shall notify County immediately upon any change in corporate ownership or any substitution of the key professional 95 of 305 assigned (the "Key Person") to perform under this Agreement ("Change of Ownership"). County shall have the option of cancelling this Agreement if a Change of Ownership is not suitable to it, provided however, no cancellation shall relieve the Vendor of its obligations to perform the work described herein or for liability for breach of same. A Change of Ownership means the occurrence of any one or more of the following: a sale, lease, or other disposition of 50% or more of the interest or assets of the company or corporation; a merger, reverse merger or consolidation with another entity; a transaction wherein a third -party becomes the beneficial owner having fifty (50%) percent or more interest in the corporation or company; or fifty (50%) percent or more of the total number of votes that may be cast for any act of the entity. 21. Default Neither Party shall declare the other party in default of any provision of this Agreement without giving the other party at least ten (10) days advance written notice of intention to do so, during which time the other party shall have the opportunity to remedy the default. The notice shall specify the default with particularity. 22. Dispute Resolution. All disputes arising out of or in connection with this Agreement shall be attempted to be settled through good -faith negotiation between the Parties, followed if necessary within thirty (30) days by professionally -assisted mediation. Any mediator so designated must be acceptable to each Party. The mediation will be conducted as specified by the mediator and agreed upon by the Parties. The Parties agree to discuss their differences in good faith and to attempt, with the assistance of the mediator, to reach an amicable resolution of the dispute. The mediation will be treated as a settlement discussion and therefore will be confidential. The mediator may not testify for either Party in any later proceeding relating to the dispute. No recording or transcript shall be made of the mediation proceedings. Each Party will bear its own costs in the mediation. The fees and expenses of the mediator will be shared equally by the Parties. Failing resolution through negotiation or mediation, either Parry may file an action in a court of competent jurisdiction or other appropriate remedy available in law or equity as defined herein below. 23. Jointly Drafted. The Parties agree that this Agreement is entered into knowingly and voluntarily, after having the opportunity to fully discuss it with an attorney. Having had the opportunity to obtain the advice of legal counsel to review, comment upon, and redraft this Agreement, the Parties agree that this Agreement shall be construed as if the parties jointly prepared it so that any uncertainty or ambiguity shall not be interpreted against any one party and in favor of the other. 24. Parties Acknowledgement; Parties Bound. The Parties acknowledge that they have read this Agreement, and that they understand the terms and conditions herein and that the terms have been fully and completely explained to the Parties prior to the execution thereof. Each party acknowledges that the other party has made no warranties, representations, covenants, or agreements, express or implied, except as expressly contained in this Agreement. Further, the Parties have caused this Agreement to be executed on their respective behalf by the authorized officer whose signature appears below under their respective name, to be effective as of the date first written above. This Agreement shall inure to the benefit of and be binding upon the Parties, their successors, heirs, and personal representatives. 96 of 305 25. Waiver. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by any party. 26. Time is of the Essence. Time shall be of the essence of this Agreement. 27. Survivability. Any provision of this Agreement, which obligates any of the Parties to perform an obligation either before the commencement of the Term or after the expiration of the Term, or any renewal or extension thereof, shall be binding and enforceable notwithstanding that performance is not within the Term, and the same shall survive. 28. Severability. Whenever possible each provision and term of this Agreement will be interpreted in a manner to be effective and valid but if any provision or term of this Agreement is held to be prohibited or invalid, then such provision or term will be ineffective only to the extent of such prohibition or invalidity, without invalidating or affecting in any manner whatsoever the remainder of such provision or term or the remaining provisions or terms of this Agreement. 29. Counterparts. This Agreement may be executed in a number of identical counterparts and a facsimile or electronic/digital copy shall be treated as an original. If so executed, each of such counterparts is to be deemed an original for all purposes, and all such counterparts shall, collectively, constitute one agreement. In making proof of this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 30. Section and Paragraph Headings. Captions or paragraph headings herein contained are for organizational convenience only and shall not be constructed as material provisions of this agreement or to limit any provisions hereunder. 31. Cooperation; Supplementary Actions. All Parties agree to cooperate fully and to execute any supplementary documents, and to take any additional actions that may be necessary or appropriate to give full force and effect to the basic terms and intent of this Agreement, and which are not inconsistent with its terms. 32. Miscellaneous. Whenever the context shall so require, all words in this Agreement of one gender shall be deemed to include the other gender. 33. Incorporation of Recitals. Each of the WHEREAS clauses listed above are hereby re - alleged and incorporated into this Agreement as if otherwise fully stated herein. 34. Notice. Whenever any notice, demand or request is required or permitted hereunder, such notice, demand or request shall be made in writing and shall be personally delivered to the individuals listed below, sent via prepaid courier or overnight courier, or deposited in the United States mail, registered or certified, return receipt requested, postage prepaid, addressed to the addresses (and individuals) set forth below. No other form of electronic communications (Facebook, Twitter, Text) will be deemed Notice. 97 of 305 FOR THE BOARD Name: Bradley S Amolc FOR THE VENDOR Asphalt Paving Svstems, tru: Name: Robert Capofern Address 7375 Powell Road Wildwood FL 34785 Addrass; 8940 Gail Blvd, Zephwhdis FL 33541 Title: County Administrator Title President Date: 11/3/2023 S WHEREOF, the parties have signed this agreement the day and year first above F ST: a ATTEST - By: Kenneth lGlessma /Secretary SUMTER COUNTY BOARD OF COUNTY MMISSIONERS 1' By: Chairman I Date Signed: 1 1Iq la,) -) ASPHALT PAVING SYSTEMS, INC. By" Robert Capoferri / President Date Signed: 11/312023 98 of 305 EXHIBIT A Bid Form Telephone: (352) 689-4400 Fax: (352) 689-4401 Re: ITS; 04"-20231RS COUNTYWIDE PAVEMENT MAINTENANCE AND REHABILITATION SERVICES 1. Having carefully examined the ITS, for the project listed above: And being familiar with the premises affecting the work, the undersigned proposes and hereby agrees to furnish all labor and material and to perform all work In accordance with said documents for. ITB 045-0-2023IRS 2. In submitting this Bid, it is understood that the right Is reserved by the Board of Sumter County Commissioners to reject any, and all bids. 3. The Vendor hereby acknowledges the receipt of None Addenda issued during the bid period and certifies their inclusion in the bid. (Indicate 'NONE" if no addendums were received). 4. A I Requests for information (RFI's) will be sent to Jackie Valdez for response. Date: 10/27/2023 Asphalt Pavinq Systems, Inc. Vendor By - . Robert Capoferri I President Ttgqs--giest ~nt phdne: 13�7 ODiO Address: 8 40 a 8 vd Zeohvrhi . FL.33541 Sumter County Board of County Commissioners Paga 9a of f!4 99 of 305 Countywide Pavement Maintenance and Rehabilitation Services Unit Price Bid The following unit costs shall include all material, labor, equipment, and any other additional charges required to accomplish the work of the unit cost. Bid award will be based on the total unit pricing for each category listed in the unit price proposal. Bidders are NOT required to bid each category, but must provide pricing for ALL line items listed in those categories they are capable of producing and have prior applicable experience. Sumter County reserves the right to award a contract to one or more vendors. CATEGORY A - MILLING UNIT 0 -1,000 11001- 51001- 101001- Over PER TASK ORDER 51000 10,000 25,000 25,000 1" Sq. Yd. $13.75 $7.15 $4.25 $3.75 $3.26 1.5" Sq. Yd. $13.75 $7.15 $4.25 $3.75 $3.25 2" Sq. Yd. $14.25 ` $7.90 $4.99 $3.99 $3.55 2.5" Sq. Yd. $14.25 I $7.80 $4.99 $3.99 $3.65 3" Sq. Yd. $15.95 $7.99 $5.65 $4.85 $4.25 4" 5q. Yd. $16.95 $8.25 $6.20 I $5.50 $5.15 5" Sq. Yd. $18.25 $8.60 $7.50 I $5.95 $5.50 6" Sq. Yd. $21.25 $8.99 $7.95 I $6.75 $6.25 Asphalt and/or profile millings deductive alternate for Contractor to deliver and transport Cu. Yd. -$1.00 -$1.00 -$1.00 -$1.00 -$1.00 (Beyond first 25 truck loads) UNIT 0-10 <10-20 <20-30 Over30 (Miles) (Miles) (Miles) (Miles) Sumtor County Board of County Commissioners Page 99 of 114 100 of 305 Hauling First 25 Truck Loads of Compensation/Mile Millings to be delivered From Work Site to County Facility Location to County $5.00 $5.00 Facility back to Work site location CATEGORY A SUB -TOTAL UNIT PRICING: (Instructions: Enter Total of tine item unit $132.40 $67.93 pricing for each column of Category A) CATEGORY A TOTAL UNIT PRICING: (Instructions: Add together the total unit pricing of each column for Category A) 100 $5.00 $5.00 $5.00 $49.78 $42.53 $38.75 $331.39 CATEGORY B - STRUCTURAL OVERLAY - ASPHALT TYPES PER UNIT 0-100 101-500 501-1,000 1,001-5,000 Over 5,000 TASK ORDER 9.5 S.P. Traffic level C Ton $781.57 $251.86 $188.29 $179.77 $171.62 12.5 S.P. Traffic Level C I Ton $781.57 $251.86 $188.29 $179.77 $171.62 9.5 F.C. Traffic Level C Ton $801.57 $271.86 $208.29 $199.77 $191.62 12.5 F.C, Traffic Level C Ton $801.57 $271.86 $208.29 $199.77 $191.62 CATE&ORY:$.SUB-TOTAL UNIT PRICING: (Instructions; Enter Total of line item unit $3,166.28 $1,047.44" - . $793.16 $759.08 $726.48 p n . w 1orac . h:column of Category Bt CATEGORYB TOTAL UNIT PRICING: (Instructions: Add together the total unit pricing of each column for $0,492.44 Category B) ::.. CATEGORY C - CHIP SEAL / FOG 0 - 25,001- 50,001- Over UNIT SEAL PER TASK ORDER 25,000 50,000 100,000 100,000 Single Chip (Number 69 Stone) Sq. Yd. $4A 6 $3.51 $3.31 $3.31 ; t:• t ; .- 1 f; Double Chip (Number 57 & 89 Sq. Yd. Stone) $6.82 $6.16 $5.96 $5.96 Triple Chip Seal Sq. Yd. $9.83 $8.95 $8.30 $8.301;: Fog Seal Sq. Yd. $ 0.70 $ 0.70 $ 0.70 $ 0.70 CATEGORY C SUB -TOTAL UNIT PRICING: (Instructions: Enter Total of line Item unit $21.51 $19.32 $18.27 $18.27 : { pricing for each column of Category C) CATEGORY C TOTAL UNIT PRICING: (Instructions: Add together the total unit pricing of each column for . $77.37 Category C) Sumter County Board of County Commfssfoners Page 100 of 114 101 of 305 CATEGORY D - CAPE SEAL PER 0 - 25,001- UNIT TASK ORDER 25,000 50,000 Cape Seal Sq. Yd. $ 12.06 $ 10.67 CATEGORY D SUB -TOTAL UNIT PRICING: (instructions: Enter Total of line item unit $12.06 $10.67 pricing for each column of Cateyory D) CATEGORY D TOTAL UNIT PRICING: (instructions: Add together the total unit pricing of each column for Category D) Sumter County Board of County Commfsslonars 101 50,001- Over 100,000 100,000 $10.21 $ 10.21 $10.21 $10.21 - $43.15 Page 101 of 114 102 of 305 102 CATEGORY E - MICRO -SURFACING 0 - 2S,001- 50,001- Over PER TASK ORDER UNIT25,000 50,000 100,000 100,080 Double Micro Sq. Yd. $ 7.90 $7.16 $6.90 $6.90 Single Micro Sq. Yd. $5.99 $5.25 $4.99 $4.99 Rut Filling (Leveling) Ton $436.00 $436.00 $436.00 $436.00 CATEGORY E SUB -TOTAL UNIT PRICING: (Instructions: Enter Total of line Item unit $449.89 $448.41 $447.89 $447.89 pricing for each column of Category E) CATEGORY E TOTAL UNIT PRICING: (Instructions: Add together the total unit pricing of each column for $1,794.08 Category E) CATEGORY F - IN -PLACE 1 RECYCLING- RECONSTRUCTION 0- 25,001- 50,001- Over (FULL DEPTH RECLAMATION) PER UNIT 2S,000 50,000 100,000 100,000 TASK ORDER Pulverization 1 Sq. Yd. $13.32 $10.21 $9.63 $9.09 Cement - Cement Treated Base I Ton $245.00 $245.00 $245.00 $245.00 Asphaltic Cement -Foamed J i °' ' " As halt Base I Gallon I $4.75 $4.75 $4.75 $4.75 a 4 sn 't P a y� Asphaltic Emulsion - Emulsion Treated Base Gallon $3.64 $3.64 $3.64 $3.64 g. Added Rap or Aggregates Ton $45.00 t � ' • � _, _.. Excavation for Cu. Yd. Widening/Unsuitable Materials $40.00 General Use Optional Base Cu. Yd. 45.00 Material $ UNIT 0' - 4' <4' to 6' <6' to 10' <10' (width) I (width) (width) (width) Shoulder Rework LF $2.25 $2.75 $3.25 $3.75 CATEGORY F SUB -TOTAL UNIT PRICING:s' (instructions: Enter Total of line item unit $398.96 $266.35 $266.27 $266.23 pricing for each column of Category F) , r•?;;': CATEGORY F TOTAL UNIT PRICING: (Instructions: Add together the total unit pricing of each column for $1,197.81 Category F) Sumter County guard of County Commissionem Pago 102 of 114 103 of 305 103 CATEGORY G — ASPHALT 1 1,001- S,001- 25,001- Over REJUVENATION PER TASK ORDER f UNIT 0 -1,000 5,000 25,000 S0,000 50,000 r Rejuvenation Sq. Yd. $ $ $ $ $ Test Core Removal Each $ $ $ $ $ Test Core Laboratory Analysis- Each l $ I $ I $ $ $ Rejuvenation (Including Titanium Sq. Yd. $ $ $ $ $ Dioxide) Field Core Removal Each $ $ $ $ $ Field Core Laboratory Analysis - I Each $ $ $ $ $ Viscosity Field Core Laboratory Analysis — Each I $ I $ I $ $ $ Titanium Dioxide Penetration Field Core Laboratory Analysis — I Each $ $ I $ I $ $ Titanium Dioxide NO2 Reduction ! I Field Core Laboratory Analysis — Titanium Dioxide Solar Each $ $ $ $ $ Reflectance Index (SRI CATEGORY G SUB TOTAL UNIT PRICING: (Instructions: Enter Total of line item unit $ $ $ $ S pricing for each colurrlri of Category. G) CATEGORY G,TOTAL UNIT PRICING: (Instructions: Add together the total unit pricing of each column for NO BID $ Cafe * ry GI CATEGORY H - CRACK SEALING UNIT 0 - S00 500 -1,000 1,001- S,000 PER TASK ORDER Crack Sealant Gallon $45.00 $40.00 CATEGORY H SUB -TOTAL UNIT PRICING: (Instructions: Enter Total of line Item unit '$45.00 .: $40.00 pricing for each column of Category H) CATEGORY H TOTAL UNIT PRICING: (instructions: Add together the total unit pricing of each column for Catevory H) Sumter County Board of County Commissioners $35.00 $35.00 5,001- 10,000 $33.00 $33.00 $183.00 Over 10,000 $30.00 $30.00 Pays 102 of 114 104 of 305 104 CATEGORY I - TRAFFIC LOOP UNIT REPLACEMENT Type A Each $4,500.00 (FDOT Item # 660-2-101) Type B Each $4,500.00 (FDOT Item # 660-2-102) Type F Each (FDOT Item # 660-2-106) $5,000.00 Type F (FDOT Item #660-2-106 modified Each $6,000.00 , to 30 Ft) - CATEGORY I TOTAL UNIT PRICING: (Instructions: Enter Total of line item unit $20,000.00 pricing for Category 1) CATEGORY 1- SODDING PER TASK ORDER UNIT Performance Turf Sod Sq. Yd. $4.50 CATEGORY 1 SUB -TOTAL UNIT PRICING: (Instructions: Enter Total line Item unit pricing $4.50 for Category J) CATEGORY K—VARIABLE MESSAGE BOARDS PER TASK UNIT ORDER PER Variable Message Board BOARD $ 32.00 - PER DAY CATEGORY K SUB -TOTAL UMT PRICING: - (Instructions: Enter Total line Item unit pricing $32.00 for Category K) Sumter County Board of County Commissioners Page 104 of 114 105 of 305 CATEGORY L —PAVEMENT MARKINGS PER TASK ORDER Item: Product Type: I Unit: L-1 I White —Solid I I Painted Thermoplastic Misc. 4" GM $ 3,335.00 I $5.635.00 6" GM I $ 3,910.00 I $6,325.00 12" 24" L-2 White — Skip 4" 6" L-3 Yellow — Solid 4" 6" 12" L-4 Yellow — Skip 14" 6" L-S I Yellow — Double 4" 6" Sumter County Board af County Commissioners LF 1 $0.75 $1.84 LF $4.83 6.04 LF I $7.25 $7.25 LF 1 I $9.66 - I $ 12.08 I •I GM $1,207.50 $1,811.25 GM $1,449.00 I $2,415.00 GM I $3,381.00 $6,675.25 GM 1 $3,864.00 I $6,325.00 LF I $0.7.5 I $1.84 LF I $3.62 $4.83 LF I $5.41 I $7.25 GM I $1,207.50 GM I $1,449.00 GM I $4,83-0.00 GM $ 5,313.00 $1,811.25 $2.415.00 $11,350.50 mz $12,650.00 Page 105 of 114 106 of 305 L-6 Audible and Vibratory Pavement Markings Yellow - Skip 4" IYellow - Skip 6" White - Solid 4" White - Solid 6" L-7 Legends "STOP" "R X R" (Includes 6" white) "ONLY" "LANE" I"MERGE" "SCHOOL" "AHEAD" " Visitor" "Resident" "Path" L-7 Markings TURN AND THROUGH LANE TURN ARROW THROUGH LANE USE ARROW TURN LANE USE ARROW BIKE OR CART IBIKE ARROW i� YIELD TRIANGLES L-8 I Reflective Pavement Markers Bi-Directional, Amber Mono -Directional Colorless Sumter County Board of County Commissioners 106 GM $ 9,901.50 $ 9,901.50 GM $ 9,901.50 $ 9,901.50 GM $ 9,901.50 $ 9,901.50 GM $ 9,901.50 $ 9,901.50 _ EA $ 120.75 J $ 241.50 EA $ 241.50 I $ 425.50 = EA $ 115.00 $ 241.60 $115.00 $241.50 I EA I $ 149.50 $ 299.00 j1Y�'1.•, � ...SQL EA $ 184.00 $ 339.25 EA $ 172.50 I 310.50 ,r , I EA $149.50 $ 402.50 f J EA $ 149.50 I $ 460.00 K,r EA $120.75 I $ 241.50 g/ EA $ 80.50 I $ 138.00 I EA $ 40.25 I $ 69.00 EA $ 46.00 $ 80.50 :: t!'s, EA I $ 34.50 $ 115.00 IEA I $ 34.50 $ 287.50'°;`' EA $ 11.50 $ 28.75 ' EA $ 6.04 $ 6.04 F:r ;fin EA $ 6.04 $ 6.04 Pape 105 o/114 107 of 305 IBi-Directional, White/Red I EA $ 6.04 ! $ 6.04 107 Sumter County Board of County Commlaslonars Pap 107 of 114 108 of 305 L-9 Miscellaneous SINGLE POST SIGN, F&I GROUND MOUNT, UP AS TO 12 SF ; , _ $350.00 SINGLE POST SIGN, F&I GROUND MOUNT,12-20 SF I AS $1,350.00 SINGLE POST SIGN, F&I GROUND MOUNT, 21-30 i SF I AS +, $2,500.00 MAILBOX (REMOVE AND REPLACE) I EA s- �` . $325.00 Silt Fence Type III LF �..i $ 2.50 .. .. '... .. _ . . . Removal of Existing Marking SF $ 3.45 ' k`¢cr`' Y,; $ 11.50 r r}'. �, :� Preform Thermoplastic 12" �h'� Preform Thermoplastic 24" LF `- I $ 23.00 Off Duty Law Enforcement Officer HR', . x`Y $ 100A0 CATEGORY L SUB -TOTAL UNIT PRICING: (Instructions: Enter Total I 367.64 $71, $100,000.00 $4,665.45 of line item,unit pricing for each column of Category Q CATEGORY L TOTAL UNIT PRICING: I 176,033.09 $ - (Instructions *.Add together the total unit pricing of each column for Category L) . 2 CATEGORY M — Mobilization UNIT $0.00 - $501001- $100,001- Over $50,000 $100,000 $500,000 $500,000 Work Order Total LS $ 3,500.00 $ 3,500.00 $ 3,500.00 $ 3,500.00 CATEGORY M SU&TOTAL UNIT PRICING: (Instructions;.Enter Total of line item unit $3,500.00 $3,500.00 $3,500.00 $3,500.00 pricing_for each column.of Category M) CATEGORY M TOTAL UNIT PRICING: (instructions: Add together the total unit pricing of each column for $14,00.00 Category M) CATEGORY N — Maintenance of UNIT 0-7 8 -14 15 - 21 Traffic Standard Index 600 Series MOT TWO-LANE AND MULTILANE, Day $ 500.00 $ 500.00 $ 500.00 WORK ON SHOULDER Standard Index 600 Series MOT TWO-LANE, TWO-WAY WORK Day $ 750.00 $ 750.00 $ 750.00 WITHIN THE TRAVEL WAY Sumtar County Board or County Commissioners 22-31 Over 31 $ 500.00 $ 500.00 $ 750.00 $ 750.00 Page tog of 114 109 of 305 Standard Index 600 Series MOT TWO-LANE, TWO-WAY, Day $ 750.00 $ 750.00 $ 750.00 INTERSECTION WORK Standard Index 600 Series MOT Day $ 750.00 I $ 750.00 I $ 750.00 Multilane Roadway, Lane Closures Standard Index 600 Series MOT Multilane Roadway, Intersection Day $ 750.00 $ 750.00 $ 750.00 Work Standard Index 600 Series MOT I Day $ 750.00 l 1 $ 750.00 $ 750.00 Temporary Road Closure Standard Index 600 Series MOT I Day $ 750.00 $ 750.00 $ 750.00 Two -Way Left -Turn Lanes I Standard Index 600 Series MOT Day $ 250.00 $ 250.00 $ 250.00 Sidewalk Closure I I Standard Index 600 Series MOT I Day i 1 $ 750.00 $ 750.00 $ 750.00 Work Within the Roundabout CATEGORY N SU13-TOTAL UNIT PRICING: (Instructions: Enter Total of line item unit $6,000.00 $6,000.00 $6,000.00 pricing for each column of Category N) CATEGORY N TOTAL UNIT PRICING: 109 $ 750.00 $750.00 I$ 750.00 $ 750.00 $ 750.00 $ 750.00 $ 750.00 I $ 750.00 $ 750.00 I $ 750.00 $ 250.00 I $250.00 $ 750.00 I $ 750.00 $6,000.00 1 $6,000.00 (Instructions: Add together the total unit pricing of each column for $30,000.00 Category N) SHADED'NOTAPPi CABLE ; Sumter County Board of County Commissioners Page 109 of 114 110 of 305 110 BID OF Countywide Pavement Maintenance and Rehabilitation Services Bid Form Asphalt Paving Svstems, Inc. Full Legal Company Name 8940 Gail Blvd, Zephyrhills, FL 33541 (813) 788-0010 (1313) 788-0020 Mailing Address Telephone Number Fax Number Bidders. Having become familiar with requirements of the project, and having carefully examined the Bidding Documents and Specifications entitled Countywide Pavement Maintenance and Rehabilitation Services in Sumter County, Florida, the undersigned proposes to furnish all materials, labor and equipment, supervision and all other requirements necessary to comply with the Contract Documents to submit the following Bid summarized as follows: The following total unit costs (from the unit price) shall include all material, labor, equipment, and any other additional charges required to accomplish the work of the unit cost for any locations within Sumter County. Partial bids will be accepted on a per category basis. Bidders are M required to bid each category, but must provide pricing for ALL line items listed in those categories on the unit price for which the bidder Is capable of producing and have prior applicable experience. FOR: Countywide Pavement Management and Rehabilitation Services CATEGORY A TOTAL UNIT PRICING: $ 331:3Q (From the unit price) Amount Written in Numerals Three hundred thirty one dollars and thirty nine cents. /100 Amount Written in Words CATEGORY B TOTAL UNIT PRICING: $ 6,492.44 (From the unit price) Amount Written in Numerals Six thousand four hundred ninety two dollars and forty four cents. /100 Amount Written in Words CATEGORY C TOTAL UNiT PRICING: $ 77.37 (From the unit price) Amount Written in Numerals Seventv seven dollars and thirtv seven cents. Sumter County Board of County Commisslaeters Page 110 of 114 I I I of 305 III /100 Amount Written in Words CATEGORY D TOTAL UNIT PRICING: $ 43.15 (From the unit price) Amount Written In Numerals Forty three dollars and fifteen cents. /10D Amount Written in Words CATEGORY E TOTAL UNIT PRICING: $ 1,794.08 (From the unit price) Amount Written in Numerals One thousand seven hundred ninety four dollars and eight cents. /100 Amount Written In Words CATEGORY F TOTAL UNIT PRICING: $ 1,197.81 (From the unit price) Amount Written in Numerals One thousand one hundred ninety seven dollars and eighty one cents. /100 Amount Written In Words CATEGORY G TOTAL UNIT PRICING: $ 0.00 (From the unit price) Amount Written in Numerals No Bid /100 Amount Written in Words CATEGORY H TOTAL UNIT PRICING: $ 183.00 (From the unit price) Amount Written in Numerals One hundred eighty three dollars and zero cents. /100 Amount Written in Words CATEGORY I TOTAL UNIT PRICING: $ 20,000.00 (From the unit price) Amount Written in Numerals Twenty thousand dollars and zero cents. /100 Amount Written in Words Sumter CDunty Bawd orCounty Comm/sstoners Page 111 or 114 112 of 305 112 CATEGORY 1 TOTAL UNIT PRICING: $ 4.50 (From the unit price) Amount Written in Numerals Four dollars and fifty cents. /100 Amount Written in Words CATEGORY K TOTAL UNIT PRICING: $ 32.00 (From the unit price) Amount Written in Numerals Thirty two dollars and zero cents. /100 Amount Written in Words CATEGORY L TOTAL UNIT PRICING: $ 176,033.09 (From the unit price) Amount Written In Numerals One hundred seventy six thousand thirty three dollars and nine cents. /100 Amount Written in Words CATEGORY M TOTAL UNIT PRICING: $ 14,000.00 (From the unit price) Amount Written in Numerals Fourteen thousand dollars and zero cents. /100 Amount Written in Words CATEGORY N TOTAL UNIT PRICING: $ 30,000.00 (From the unit price) Amount Written in Numerals Thirty thousand dollars and zero cents. /100 Amount Written in Words Each Bidder shall print legibly, In blue or black ink, the amount written in numerals and the amount written in words for the items shown above. In the event an amount submitted is not legible, the County reserves the right to consider it a "No Bid", and deem the Bidder nonresponsive to the requirements of the Bid. All Unit Prices shall be established at the beginning of the contract and may be adjusted (+ or -) annually upon approval of both the Contractor and County and only at the beginning of each renewal period. Any approved annual rate adjustments shall take effect with the first task order issued after the Sumter County Board orcounty Commissioners Page 112 of 114 113 of 305 113 renewal period. Additional Unit Price items not included on the official bid form will be submitted to the County's authorized representative for prior approval and will be added to the Standard Agreement through a Contract Amendment and must be accepted by both the Contractor and the County. Price adjustments for fuel and bituminous products will not be allowed on a task order basis. Note: The listing order of bid items reflects a construction sequence in general terms for bidding purposes only and is not a specific construction schedule. Sumter County reserves the right to award a contract to more than one bidder. Sumter Cour* Board ofCounry Commissioners Page 113 of 114 114 of 305 S E BASTIAN t 1 M 11 M MI�� <�{����� N nu•Np CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: April 24, 2024 Agenda Item Title: Approval of lease renewal between the City of Sebastian and Fisherman's Landing Sebastian, Inc. for uplands property and submerged land leased property located at 1532 Indian River Drive and authorize the Mayor to execute the appropriate documentation Recommendation: Staff recommends approval of the lease renewal with Fisherman's Landing. Background: In an effort to preserve the local commercial fishing industry, the City entered into a lease with the non-profit organization called Fisherman's Landing Sebastian, Inc. in March of 2013 for the utilization of the City owned property. This lease was for a ten year period and expired in March of 2023. The lease amount is $12 per year and the current Lessee is up to date on all payments. The proposal is a 10 year lease renewal with Fisherman's Landing Sebastian, Inc. with the same terms that were agreed upon in 2013. The commercial fishing industry has been an important part of Sebastian throughout its history and it is important that we continue to provide this industry an opportunity to thrive in Sebastian. This lease will keep the City in compliance with the Florida Communities Trust requirements. The proposed lease renewal will be valid until April of 2034. If Agenda Item Requires Expenditure of Funds: Budgeted Amount: NA Total Cost: NA Funds to Be Utilized for Appropriation: NA Attachments: 1. Lease Agreement Administrative Services Department Review: U City Attorney Review: Procurement Division Review, if applicable: G City Manager Authorization: Date: Y 11 away r 115 of 305 LEASE BETWEEN THE CITY OF SEBASTIAN AND FISHERMAN'S LANDING SEBASTIAN, INC. THIS LEASE entered into this 24th day of April, 2024 by and between the CITY OF SEBASTIAN, FLORIDA, a municipal corporation of the State of Florida, located at 1225 Main Street, Sebastian, Florida, 32958, hereinafter referred to as the "LESSOR" and FISHERMAN'S LANDING SEBASTIAN, INC., a not for profit corporation organized and existing under the laws of the State of Florida, whose address is PO BOX 782038, Sebastian, Florida 32978-2038 and hereinafter referred to as the "LESSEE". WITNESSETH: WHEREAS, the Sebastian City Council is authorized to lease real property owned by the City to not for profit organizations formed for the purpose of promoting community interest and welfare; and WHEREAS, LESSEE is a Florida not -for -profit organization formed for the purpose of promoting community interest and welfare, which includes the revitalization of Sebastian's Working Waterfront, and whose Members are commercial fishermen (a copy of LESSEE'S corporate documentation is attached as Exhibit "A"); and WHEREAS, LESSOR owns real property, hereinafter described below, which is upland to Submerged Land Lease #310006484; 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) ("Declaration"), the terms of the Declaration of which are hereby incorporated by reference; and WHEREAS, as part and condition of the FCT funding, the LESSOR provided and FCT approved, a Working Waterfront Collaborative Management Plan ("Management Plan") for the property, the terms of the management plan are hereby incorporated herein by reference and 1 116 of 305 attached hereto as Exhibit "B" whereby activities on the property must adhere to the terms and conditions contained in the Management Plan; and WHERAS, FCT shall approve and review all leases, subleases, easements or other similar documents that affect the Property funded by FCT before the documents are executed by any and all Parties, the same shall not be unreasonably withheld and any execution of documents without FCT's prior review and written approval may be deemed null and void; and WHEREAS, FCT shall be notified at the Department of Environmental Protection, Florida Communities Trust, 3900 Commonwealth Boulevard, MS#115, Tallahassee, Florida 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 accordance with the Management Plan, as it may be amended from time to time only after review and approval by FCT; and WHEREAS, LESSEE has applied to LESSOR for a lease of the upland real estate and use of the submerged lands, collectively referred to as the "Leased Premises," for the purpose of commercial fishing docks, off-loading facility and weigh station for use by the Members of the LESSEE and visitation by the general public in designated areas in accordance with the Management Plan; and WHEREAS, LESSOR has determined that the revitalization and preservation of the Sebastian Working Waterfront promotes community interest and welfare; and WHEREAS, LESSOR has found that the facilities to be leased to LESSEE are required for the proposed use and LESSEE agrees to maintain the same and make certain improvements; and WHEREAS, LESSOR desires to lease such property to LESSEE for the purpose described herein. 2 117 of 305 NOW THEREFORE, in consideration of the foregoing and in further consideration of the mutual covenants contained herein the parties agree as follows: 1. LEASED PREMISES. LESSOR hereby leases unto LESSEE the following premises: A. Prouerty: Uplands property and submerged land leased property located at 1532 Indian River Drive, legally described in Exhibit "D" attached hereto and incorporated herein. A location map, depicting both parcels, is attached hereto as Exhibit "E". B. Parkinu: All parking spaces located in the southern one-third (1/3) of the 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 56. Parking spaces are shown on Exhibit "F". 2. PURPOSE. LESSEE shall use the Leased Premises solely and exclusively for providing its members a commercial fishing dock, an off-loading fish packing facility, aquaculture, fundraising, special events and other uses that may support the commercial fishing industry as described herein in accordance with Management Plan. A. SPECIAL EVENTS. Two (2) special events per year may be conducted by the LESSEE at the leased premises. It is understood that LESSEE shall have the right to utilize the exterior areas of the premises at 1540 Indian River Drive at no additional cost in conducting said Special Events. All Special Event net revenue will be used to further the mission of LESSEE. At such events, playing of live music, such as live bands, DJ's or karaoke is permitted. A "Special Event" shall be defined as a regular yearly, or bi- annual, scheduled activity. Each Special Event is expected to have an attendance exceeding 300 people, excluding staffing personnel on a single day. Special Events may be conducted over a three (3) day period from 9AM through 7PM. Special Events may not conflict with the major events sponsored by the LESSOR which include: the Sebastian Clambake; Citv of Sebastian 41' of July Celebration; the Fine Arts and Music Festival; and River Days and Craft Brew Hullabaloo. Execution of this Lease constitutes issuance of the City required Temporary Use Permit for any Special Event, with no fee required, for the term of the lease. The LESSEE agrees that Special Event(s) shall comport with the Temporary Use Permit requirements of other City Festivals as outlined in a special accommodation plan. Any special accommodation plan shall address issues such as requirements for additional restroom facilities, traffic control, parking, beer and wine consumption only, and special duty police service. Costs for any such accommodation shall be made at the sole expense 3 118 of 305 of the LESSEE. If any LESSEE Special Event is held on the Leased Premises where alcohol is consumed, it is understood that LESSEE shall obtain, at its expense, appropriate Liquor Consumption Liability Insurance that shall cover the duration of the event. B. Upon request by either party, within ten days after a special event, the parties shall meet to discuss better coordination for, and to address any public safety concerns regarding future events. C. LESSEE agrees to provide adequate public liability insurance for any event held on the Leased Premises. In addition, LESSEE shall provide adequate public liability insurance coverage in the event that the property at 1540 Indian River Drive is used as an ancillary venue, in whole or in part, of any LESSEE Special Event. LESSEE hereby waives any and all claims, lawsuits, judgements, or similar causes of action, for any and all injuries and claims to persons or property arising out of Special Event activities conducted by the LESSEE on the Leased Premises, or on the premises at 1540 Indian River Drive, if that facility is used in conjunction with a Special Event OF LESSEE, the LESSEE shall indemnify LESSOR against any/and all claims, liabilities, loss or damage as a result of Special Event activities. LESSEE agrees to defend LESSOR against any and all claims, LESSEE's sole cost and expense. 3. SUBMERGED LANDS LEASE. The parties acknowledge the existence of a Sovereign Submerged Lands Lease #310006484 (see Exhibits "D & E"). The parties further understand that this lease may be amended and modified from time to time. LESSOR shall be responsible to acquire, keep and maintain, from the appropriate governmental agency a lease which permits the operations of a working waterfront as enumerated herein. LESSOR shall pay all annual and renewal fees associated with the Submerged Lands Lease. LESSEE acknowledges the restrictions, requirements and regulations contained in the Submerged Lands Lease #310006484 and agree to use the Leased Premises in accordance with such lease provisions and directives. Any default, breach or noncompliance issues shall be the sole responsibility of the LESSEE. 4. TERM. LESSOR leases to the LESSEE the Leased Premises for an initial term of TEN (10) years. If the LESSEE is in full compliance with its obligations and responsibilities hereunder, then the lease term shall be automatically extended for an additional TEN (10) years on the same terms and conditions as provided for herein as long as the LESSEE gives written notice to that effect within ninety (90) days prior to expiration of the initial term. 5. RENT. 4 119 of 305 In recognition of LESSEE'S capital investment at 1540 Indian River Drive, LESSEE shall pay rent of $1 per month for the term of the lease. 6. POTENTIAL REVENUE. It is anticipated that the Leased Premises may generate revenue via the rental of commercial boat slips, and the wholesale commerce of aquaculture and fish products. LESSEE shall establish, impose control, and collect all such revenues. LESSEE shall use such revenues in order to finance capital improvements, fund-raising activities including those set forth in paragraph 3A, pay general working waterfront operation expenses, and to advance the LESSEE'S mission as enumerated in its Bylaws and Articles of Incorporation (Exhibit "A"). It is understood that any revenue generated from FLS operations include boat slip rental, fish wholesales, aquaculture commerce, or any/all operations in furtherance of the working waterfront mission, shall be fair market value as determined by local industry standards. LESSEE shall give LESSOR no less than fifteen (15) calendar day's prior written notice of any proposed revenue source to be generated on the Leased Premises that is not expressly addressed in this lease. If LESSOR objects to the proposal and the parties cannot resolve the issue, the matter shall be submitted in writing to FCT and, if FCT determines that the revenue source violates the grant covenants, LESSEE shall not conduct such activity. Collection of any general visitor admission fee shall be prohibited without the written consent of the LESSOR. 7. IMPROVEMENTS. The Leased Premises are accepted by the LESSEE "as is." The following improvements schedule is adopted: A. LESSEE, at its sole cost and expense, shall install, repair and maintain docks and boat slips as may be determined by the LESSEE as necessary for the operation of the working waterfront. B. 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 the LESSOR and, on termination of the Lease, shall be surrendered with the Leased Premises in good condition. 8. OPERATIONAL ADHERENCE. 5 120 of 305 In addition to the duties, and obligations, provided in this Lease Agreement, LESSEE shall comply with all requirements of the Stan Mavfield Working Waterfront Grant Contract (Exhibit "H") and The Citv of Sebastian Working Waterfront Collaborative Management Plan (Exhibit `B"). The Declaration of Restrictive Covenants (Exhibit "I"), issued by FCT, are superior to any other restrictions placed upon the property. Other than provisions specifically superseded by FCT and this Lease Agreement, LESSOR shall not interfere with the operations of the LESSEE. 9. BUILDING. UTILITIES. MAINTENANCE AND REPAIRS. A. LESSEE agrees that all portions of the Leased Premises shall be kept in good repair and condition by LESSEE. LESSEE shall maintain and make all necessary repairs and alterations with respect to the Leased Premises to keep the Leased Premises in good condition. LESSEE'S sole right of recovery shall be against its insurers for losses, or damage, to stock, furniture and fixtures, equipment, improvements, and betterment. LESSEE agrees to make or contract for emergency repairs and provide protective measures necessary to protect the Leased Premises from damage and to prevent injury to persons or loss of life. LESSEE agrees to use its best efforts to insure that the property is maintained in an attractive condition and in good state of repair. LESSEE shall 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 pay for landscaping and exterior maintenance. C. LESSEE shall be permitted non-exclusive right to use dumpster service, without a fee, on LESSOR'S adjoining Property for non-perishable products, as long as such services are in existence. 10. INSURANCE. INDEMNIFICATION AND DAMAGE BY CASUALTY. A. LESSOR shall procure and maintain, during the term of this Lease, public liability and all risk insurance adequate to protect the LESSOR against liability for any and all damage claims that may arise due to the activities of the LESSEE in amounts that are determined by the LESSOR. In no fashion shall LESSOR be liable for any claims arising between LESSEE and its agents resulting in damage to the City -owned facilities 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 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, applicable worker's compensation insurance for all its employees employed in connection with the business operated under this Lease. Such N. 121 of 305 insurance shall fully comply with the Workers' Compensation Law, Chapter 440, Florida Statutes. The Workers' Compensation insurance policy required by this Lease shall also include Employers Liability. LESSEE shall provide proof of worker's compensation insurance as required by law, if applicable. D. LESSEE shall require its members, agents, assigns, or business invitees upon the Leased Premises, acting in furtherance of the working Waterfront operation, to execute, in a form acceptable to LESSOR, a waiver and release of LESSOR from any/all claim arising from the operation of the working waterfront core mission. LESSEE shall maintain such releases on file and, upon request, shall provide copies to LESSOR. For purposes hereof, tourist and educational activities shall not be considered working waterfront activities. E. LESSEE hereby waives all claims and agrees to hold forever harmless LESSOR from any and all claims, lawsuits, judgements, or similar causes of action, for any/all injuries and/or claims to persons or property arising out of the working waterfront activities conducted by LESSEE on the Leased Premises. LESSEE shall indemnify LESSOR against any/all claims, liabilities, loss or damage as a result of working waterfront activities on the Leased Premises. LESSEE agrees to defend LESSOR against any/all claims, at LESSEE'S sole cost and expense. 11. TAXES. LESSEE will be required to pay all taxes or other levies or assessments lawfully levied against the subject Property during the term of the Lease, if any. 12. LESSEE'S RESPONSIBILITIES. A. LESSEE agrees and covenants that it will not substantially amend or otherwise change its articles of incorporation, bylaws or rules and regulations without prior notification to LESSOR. Copies of LESSEE'S articles of incorporation, bylaws and rules and regulations are attached hereto and incorporated herein as Exhibit "A". LESSEE shall ensure that its members are required to annually meet the membership criteria set forth in its rules and regulations. B. LESSEE, its Members, Officers, employees and invitees, when on the premises, agree to follow and abide by all local, state and federal laws, ordinances and regulations 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 amended from time to time. C. LESSEE agrees to keep books, accounts and records that reflect all revenues and expenditures received in connection with the management and operation of the property as set forth in paragraph 7. The books, accounts and records shall be maintained in accordance with generally accepted accounting principles and located at LESSEE'S principal place of business. LESSEE shall make the books, accounts 7 122 of 305 and records required to be maintained hereunder available to the LESSOR for examination or audit during normal business hours, upon five (5) days written notice. In addition, LESSEE shall provide LESSOR with a copy of its annual audit and other financial statement(s) relating to LESSEE'S occupancy and use of the Leased Premises by July 15th of each year. 13. INSPECTION BY LESSOR. The LESSOR and its agents, upon reasonable notice, may make periodic inspections of the Leased Premises to determine whether LESSEE is operating in compliance with the terms and conditions of this Lease. The LESSEE shall be required to make any and all changes required by the LESSOR, which are necessary to ensure compliance with the terms and conditions of this Lease and/or any applicable law(s) or regulation(s). 14. PROHIBITION ON ASSIGNMENT AND ENCUMBERENCES. LESSEE shall not assign this Lease and, except as specifically authorized 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 any successors in interest of LESSEE. LESSEE shall be permitted to sublease dock slips and upland areas for clam raceways to licensed commercial fishermen. Preference for slips and upland rental shall be given to residents or business owners of the City of Sebastian commercial fisherman. LESSEE shall keep written records of all subleases as well as the names, license, commercial qualifications, dates of sublease, and rents. LESSEE shall not mortgage, pledge or encumber this Lease, in whole or in part, 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 void and may, at the sole option of the LESSOR, be deemed an event of default under this Lease. This covenant shall be binding on any successors in interest of LESSEE. LESSEE shall not pledge the LESSOR'S credit or make it a guarantor for payment or surety for any contract debt, obligation, judgement, 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. 15. MISCELLANEOUS CONDITIONS. A. LESSEE agrees all Members and persons engaged in commercial fishing and related activities on the Leased Premises shall be at times subject to the LESSEE'S sole direction, supervision and control and shall not be considered employees, agents or servants of the LESSOR. B. LESSEE agrees that it shall at all times prohibit recreational vessels at the Leased Premises. 11 123 of 305 C. LESSEE agrees that none of the vessels docked at the Leased Premises will be used as live aboard vessel for more than a forty-eight (48) hour period. D. LESSEE agrees to park its vehicles in places specifically designated by this lease and further agrees that no parking will occur in landscaped areas or blocking any sidewalk or street. LESSEE shall prohibit commercial truck parking on the Leased Premises for any duration other than what is reasonable for loading or unloading purposes. E. LESSEE shall prohibit boat trailer parking on Leased Premises for any duration other than what is reasonable for loading and unloading purposes. F. The parties recognize that the ongoing redevelopment efforts within the Sebastian CRA may result in changes in parking as well as the configuration of vehicle parking on or adjacent to the Leased Premises. LESSEE agrees to cooperate and coordinate with LESSOR in connection with parking projects and/ or reconfiguration. G. LESSEE shall have the right to tow vehicles, in accordance with Florida Statutes, from parking areas dedicated to them by this Agreement, if they solely determine that such parking interferes with operations at the working waterfront. Government vehicles parked in the subject area, in support of governmental function, are exempt, and shall not be towed. H. LESSEE agrees to prohibit unauthorized persons on the Leased Premises and to prohibit trespassing on the Leased Premises by use of appropriate signage. LESSOR agrees to provide said signage at its expense. I. LESSEE agrees to develop a fuel/hazardous substance containment plan within sixty (60) days of the date of this Lease. LESSEE for itself, and its permitted successors 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 Premises on the basis of age, sex, physical handicap or other disability, race, color, national origin, religion or ancestry; and, (2) LESSEE shall not discriminate against any employee or applicant for employment in connection with the Leased Premises and the leasehold estate granted hereunder with respect to hiring, tenure, terms, conditions, or privileges of employment or any matter directly or indirectly related to employment on the basis of age, sex, physical handicap or other disability, race, color, religion, national origin or ancestry; and (3) LESSEE agrees that it facilities and programs shall, at all times, comply with the Americans with Disabilities Act (ADA), if applicable. LESSOR and LESSEE recognize that the commercial fishing docks are not a public accommodation, 124 of 305 however, LESSEE shall cause the Leased Premises to at all times comply with all applicable ADA requirements that may be in effect from time to time. K. LESSEE shall furnish LESSOR with an annual updated list of its Officers and Board of Directors. L. LESSEE shall assist the LESSOR in providing information and documentation, in a timely manner, as it relates to providing the Florida Communities Trust (FCT) with an annual report. 16. TERMINATION. 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": 1. Institution of proceedings in voluntary bankruptcy by the LESSEE. 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 Premises or discontinue of operation of the Leased Premises to the permitted uses for more than sixty (60) days. 5. Dissolution, whether voluntary or involuntary, of LESSEE'S not -for -profit corporation. 6. Default, non-performance or other noncompliance with any covenant, requirement or other provision of any nature whatsoever under this Lease. B. Upon the occurrence of an Event of Default, the LESSOR shall send a written notice to LESSEE, setting forth the Event of Default in specific detail and the date this Lease shall terminate in the event LESSEE does not cure the default to the reasonable satisfaction of the LESSOR. In no case shall the lease terminate less than thirty (30) calendar days from LESSEE'S receipt of any Default Notice. C. In the event LESSEE fails to cure the Event of Default within the time established by LESSOR this Lease shall be deemed to be terminated with no further action by the LESSOR. In no event, however, shall such termination relieve LESSEE of its obligation to pay any and all remaining rent due and owing to the LESSOR for the period up to and including the date of termination, or to provide any and all remaining reports to the LESSOR for such period. 10 125 of 305 D. LESSEE shall have the right, upon providing thirty (30) days prior written notice to the LESSOR in the manner set forth in this Lease, to terminate this Lease at any time for any reason. 17. INTERGRATION. The drafting, execution and delivery of this Lease by the parties has been induced by no representations, statements, warranties or agreements other than those expressed in it. This Lease contains the entire agreement between the parties and there are no further or other agreements or understandings written or oral in effect between the parties relating to its subject matter. This Lease cannot be changed or modified except by written instrument executed by all parties hereto. This Lease and the terms and conditions hereto apply to and are binding upon the legal representatives, successors and assigns of both parties. 18. SEVERABILITY. In 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 other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each term of this Lease shall be valid and enforceable to the fullest extent permitted by law. 19. NOTICES. All notices required under this Lease shall be sent via certified mail as follows: LESSOR: City of Sebastian 1225 Main Street Sebastian, Florida 32958-4165 ATTN: City Manager LESSEE: Fisherman's Landing Sebastian, Inc. Post Office Box 782038 Sebastian, Florida 32978-2038 20. GOVERNING LAW/VENUE/FEES/JURY TRIAL WAIVER. 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 shall be in Indian River County, Florida. The parties agree that in the event of litigation, they expressly agree to waive any right to trial by jury and that the costs of such litigation shall be born by the prevailing party. 11 126 of 305 IN WITNESS WHEREOF, the Parties have executed the Lease on the date set forth above. ATTEST: LESSOR: City of Sebastian, Florida Jeanette Williams, MMC Ed Dodd City Clerk Mayor APPROVED AS TO FORM AND LEGALITY Jennifer Cockcroft, BCS City Attorney LESSEE: Fisherman's Landing Sebastian, Inc. Witnessed By (signature) Tim Adams, President Print Name 12 127 of 305 Exhibit List • Exhibit A — Articles of Incorporation, Fisherman's Landing Sebastian, Inc. • Exhibit B — Florida Communities Trust Management Plan • Exhibit C — Submerged Land Lease • Exhibit D — Survey • Exhibit E— Lessee's Parking Area • Exhibit F — Boardwalk • Exhibit G — Stan Mayfield Working Waterfront Grant Contract • Exhibit H — Declaration of Restrictive Covenants 13 128 of 305 Exhibit A Articles of Incorporation, Fisherman's Landing Sebastian, Inc. 14 129 of 305 • �• �• - 6 w -!ter r - M.. »1 �i w wi M w . w Ni? M («�. w�-%:� � i�:�7t��C+§IA�i�Fi;�t�i(IM17i��i,�iCY, 1�7'!�d►'1f�i� i 'iYiC�t��lJ �T'���YjICRf�n •l�il����r�l�wl�i���. •• w tat 1: ' s-- 1 certify the attached is a true and correct copy of the Articles of Amendment, filed on November 10, 2008, to Articles of Incorporation for FISHERMAN'S LANDING SEBASTIAN, INC., a Florida corporation, as shown by the records of this office. The document number of this corporation Is N08000004478. CR?E022 (01-011 Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Cephol, this the Fourteenth day of November, 2008 1 �raEmt- lr.rrefurq of,$tutc 110 of ln'5 • i FLORIDA DEPARTMENT OF STATE Division of Corporations November 14, 2008 CHARLES W. SEMBLER 6"6'49TH STAEET VERO BEACH, FL U967 0 Re: Document Number N080D0004478 The Articles of Amendment to the Artfcles of Incorpormdon for FISHERMAN'S LANDING SEBASTIAN, INC.,-a Florida corporation, were filed on November 10, M. . The motion requested is enclosed. Should you have any q n regarding this matter, please telephone (850) 245-6450, the Amendment Filing Thelma LOMS Document Speclakst Supervisor • Division of Corporations Letter Number. 3MA00057288 • P.O. BOX 6327-Tallabasaee, Florida 32314 "� �_"�-131 of 305 ._ • • Artides of Amendment to ArMa of Incorporation of r�- '"_L1,D 2ft NOV 10 i4n JOr 01PbQAyo- ',. FISHIERMAbW LMDINQ SEBASTLAN INC. - ,wmfA Nam toff oroanden as earrculk filled with the FlotWa Dept. of Stqg) NQ80 0 {Document Number of Corporation (if known) 0 Pursuant to the propisions of section 617.1006, FWHda Statutes, this Florida Not For Pm it Carpnratian adopts rite followgtg amrndmen<s) to its Atticies of incomomdon: A. If amenging g1tM%, enter the new name Of fhe eornorntiQ% Tire new naatr area be dbiinguishable and contain rho ward "corporation" or "Incorporated" or the abbreviation "Carµ " or " Inc. " "ComD4xv" trr "�'a"tnar xW br erred Irt tht ntrntt. L fner new orindaM office addnse.If aoolicr►ft (Principal a ce addrm MW BEA M9ETADDRF.SS ) C. E91jr am maitin3addnese, IfaeulloWc (Mulling address MArREA P MOFFICKt30X1 D. jjatr�eo_d init the rcetstared as at and/or rcloured Quiet address In Florida, tntoS tht name -of the new reeistgo arent and/or th new re fired ofike address: New Regi aced Q ft d : (Florida atreet address) Honda (C/ty) (Lip Code) j�ew R�tstered Aa�a !teat► re. it ehan4taII Reatrtr c_red�Agent: I hereby oceepl the appointment to registered agent: 1 an, famMor ,with and aceipt the obligations y+f tha porltiba. T Signature 4fNew Rgbiered AgerK ffOMSIng Page t of 3 liitueadrnt the �lRcers ndlor Airsctors. cater the title P dd natae of each ofterldireetur being WOYW a®d title. nAme, attd gjddresa of ft Officer and/or Director n¢ Added' i (A1t=Aodd1dana1sheets, (fmcusory) 7 Name Adds Tyne aActon 0 Add D Ranove 0 0' Add 13 Remove 0 Add Q Remove & LLatnendl a or addjaa additional Artieles. enter dMaae(l) here: •(attwh addition! sheets, tf nccvsswy). (Be spec�flt) ARTICLE III PURPOPE(S) The aw4ric purpose(s) for which the corporation Is oroanized is (ere): To,ansvtde MLerfront g=ss to Itoensed cemrnercial r>gherm wa—Quacultudste. or _business 110086 for Mr cornmerdal harvast`of MadiM. organisms or saltVMer orodstt�s and conduct exhii dons. demonstrations and educational venues to promote and Inform • the public about the economic. cultural and historic hedleas of Florida's traditional workinq waterfronts. Working Waterfront means (a) actly Ws for the purpose of the comrnerdal harvest of marine organisms or saltwater products by state -licensed commercial fishermen, aquacuiturists, or business entities, including piers, wharves, docks, or other facilities operated to Provide waterfront'access to licensed commercial fishermen, aquaculturists, or business entities; or (b) activities t'or exhibitions, demonstrations, educational venues, civic events and other purposes that ¢smote and the public about economiF,.witural and historic heritage of Florida's tra¢hional workiaa waterfronts, Including the matlietlnq of the seafood and aquaculture Industries. Page 2 of 3 .7 133 of 305 V. • Said organization is organized exclusively for charitable, educational and scientific purposes, including, for such purposes, the malting of distributions to Organizations that qualify as exempt organizations under Section 501(c)(3) of the Internal Revenue Code, or corresponding section of any future federal tax code. No part of the net earnings of the organization shall inure to the benefit of, or be distributable to its members, trustees, officers, or other private persons, except that the organization shall be authorized and empowered to pay reasonable compensa on for services rendered and to make payments and Distributions in furtherance of the purposes set forth in the purpose clause hereof. No substantial part of the activities of the organization shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the organization shall not participate in, or intervene in (including the publishing or distributions of statements) and political campaign on behalf of any candidate for public office. Notwithstanding any other provision of this document, the organization shall not carry on any other activities not permitted to be carried on (a) by an organization exempt from Federal income tax under section 501 (c) (3) of the Internal Revenue Code, or corresponding section of any future tax code, or (b) by an organization, contributions to which are deductible under section 170 (c) (2) of the Internal Revenue Code, or corresponding section of any future federal tax • code. Upon the dissolution of the organization, assets shall be distributed for one or more exempt purposes within the meaning of section 501(c) (3) of the internal Revenue Code, or corresponding section of any future Federal tax code, or shall be distributed to the federal government, or to a state or local government, for a public purpose. Any such assets not disposed of shall be disposed of by the Court of Common Pleas of the county in which the principal office of the organization is then located, exclusively for such purposes or to such organization of organizations, as said Court shall determine, which are organized and operated exclusively for such purposes. .7 ibs date oicagb arrcadtneat(s) adoptiaa: November 1.2008 Effective date tf xwiimbk: November 1.2008 (no more than 90 dopr after amend nenr file date) • Adoption ofAmerrdmeat(s) (CHECKONf� 0 71w amendments) wastwen adopted by the members and the number of votes cast for the amendment(s) WWWO a sufficient for approval. 11 a There are no members or members cn dtled to vote an the amendment(s). The anieadment(s) waslwerc adopted by the board of directors. Dated /i h /0 P Sigr►ature (Sy the chairman or Vigo chairman of the board, president or other ofYisetsif directors have not been sclocted, by an tneatporator -:if in tho hands of a iectiver, trttstoe, or other court appoUnted fiduciary by that fiduciary) (Typed or printed nafie of person signing Pry roslc..t r1' . (Title of person signing) Fate 3 of 3 ___--- 1JJ of A-) • BY-LAWS 2E FISHERMAN'S LANDING SEBASTIiAN. INC. ARTICLE I -OFFICERS The principal office of the corporation shall be at: 6945 49t4 Street, City of Vero Beach, County of Indian River, State of Florida, Zip 32967. The Corporation may also have offices at such other places within or without this state at the board may from time to time determine or the business of the corporation may require. ARTICLE 11—PURPOSES The purposes for which this corporation has been organized are as follows: • To provide waterfront access to licensed commercial fisherman, aquaculturists, or business entities for their commercial harvest of marine organisms or saltwater products and' conduct exhibitions, demonstrations and educational venues to promote and inform the public about the economic, cultural and historic heritage of Florida's .traditional working waterfronts Working waterfront means (a) activities for the purpose of the commercial harvest of marine organisms or saltwater products by state -licensed commercial fishermen, aquaeulturists, or business entities, including piers, wharves, docks or other facilities operated to provide waterfront access to licetsed eoinmercial fishermen, aquaculturists, or business entities; or (b) activities for exhibitions, demonstrations, educational venues, civic events and other purposes that promote and educate the public about the economic; cultural and historic heritage of Florida's traditional working waterfronts, including the marketing of the seafood and aquaculture industries. Said organization is organized exclusively for charitable, educational and scientific purposes, including for such purposes, the snaking of distributions to organizations that qualify as exempt organizations under Section 501-*(c)(3) of the Internal Revenue Code, or corresponding section of any future foderal tax code. MBL-1 -......_ — — - --- -- - -- -- --- -- 136-of31�.__.. • • • ARTICLE lU—MEMBERSHP I . QUALIFICATIONS FOR MEMBERSHIP. A. All members of the Corporation must be approved by the governing board B. All members must be free of any criminal record, except for minor traffic violations C. All members must agree to the intended purpose of the Corporation and dedicate themselves to accomplishing its mission. D. All members must sign the Conflict of Interest Policy as adopted by the Corporation. E. No member may be a party to or carry on any other activities not permitted to be carried on (a) by an organization exempt from Federal income tax under Section 501 (c)(3) of the Internal Revenue Code, or corresponding section of any future tax code, or (b) by an organization, contributions to which are deductible under section 170 (cX2) of the Internal Revenue Codex or corresponding section of any future fedeal tax code. F. No member shall participate in activities deemed to be carrying on of propaganda, or otherwise attempting to influence ItgislatioN or intervene in a political campaign on behalf of any candidate for public office, through this organization, because of this organization or on its behalf. This does not preclude an member's right as a citizen of the United States and any state thereof, from participating in campaigns for public office or the legislative process as a private citizen. MBL2 137 of 305 - 0 • 2. MEMBERSHIP MEETINGS. Th�Wual membership meet%%( t the corporation shall be held on the day of each year except that if such day be a legal holiday then in that event the directors shall fix a day not more than two weeks from the date fixed by these bylaws. The secretary shall cause to be mailed to every member in good standing at his address as it appears on the membership roll book of the corporation a notice stating the time and place of the annual meeting. Regular meetings of the corporation shall be held: 6945 49a' Street, Vero Beach, Florida 32967 or any other designated place as the directors from time to time shall dictate. The presence at any membership meeting of hot less than two members shall constitute a quorum and shall be necessary to conduct the business of the corporation; however. a lesser nurgtber may adjourn the meeting for a.period of not more amour weeks from the date scheduled by the bylaws and the secretary shall cause a notice of the re -scheduled date of the meeting to be sent to those members who were not present at the meeting originally called. A quorum as heieinbefore set forth shall be required at any adjourned meeting, A membership roll showing the list of members as of the record date, certified by the secretary of the corporation, shall be produced at any meeting of members upon the request therefore of any member who has given written notice to the corporation that such request will be made at least ten days prior to such meeting. All persons appearing on such membership roll shall be entitled to vote at the meeting. 9. SPECIAL MEE-nNGs:- Special meetings of the corporation may be.called by the directors. The secretary shall cause a notice of such meeting to be mailed to all members at their addresses as they appear in the membership roll book at least ten days but not more than fifty days before the scheduled date of such meeting. Such notice shall state the date, time, place and purpose of the meeting and by whom called MBL•3 13R of 305 • • • No other business but that specified in the notice may be transacted at such special meeting without the unanimous consent of all present at such meeting, 4. FIXING RECORD DATE For the purpose of determining the members entitled to notice of or to vote at any meeting of members or any adjournment thereof, or to express consent to or dissent fin any proposal without a meeting, or for the purpose of determining the members entitled to receive any distribution or any allotment of any rights, or for the purpose of any other action, the board shalt fix, in advance, a date as the record date for any such determination of members. Such date shall not be more Utah fifty nor less than ten days before any such meeting, nor more than fifty days prior to any other action. S. ACTION BYMIrMBERS WITHOUT.A MEETING. Whenever members are required or permitted to take any action by vote, such action may be taken without a meeting by written consent, setting forth the action so taken, signed by all the members entitled to vote thereon. 6. PROXIES. 7. S. Every member entitled to vote at a meeting of members or to express consent or dissent without a meeting may authorise another person or persons to act for him by proxy. Every proxy must be sighed by the member or his attomerin- fact, No proxy shall -be valid after the expiration of eleven months from the date thereof unless otherwise pmvidcd in the proxy. Every proxy shall be revocable at the pleasure of the member executing it, except as otherwise provided by law. • ORDER OF BUSINESS. The order of business at all meetings of members shall be as follows: 1. Roll call - 2. Reading of the minutes of the preceding meeting 3. Reports of committees 4. Reports of officers 5. Old and unfinished business 6. New business 7. Good and welfare S. Adjournments MEMBERSHIP DUES. MBL4 . 139 of 305 ARTICLE IV — DIRECTORS • I . MANAGEMENT OF THE CORPORATION. The corporation shall be managed by the board of directors which shall consist of not less than three directors. Each director shall be at least nineteen years of age. 2. ELECTION AND TERM OF DIRECTORS. At each annual meeting of members the membership shall elect directors to hold office until the next annual meeting.' Each director shall !cold office until the expiration of the term for which he was elected and until his successor has been elected and shall have qualified, or until is prior resignation or removal. 3. INCREASE OR DECREASE IN NUMBER OF DIRECTORS. Tice number of directors may b6ncreased or decreased by vote of the members or by a vote of a majority of all of the directors. No decrease in number of directors shall shorten the terrn of any incumbent director. 4. NEWLY CREATED DIRECTORSHIPS AND VACANCIES. Newly created directorships resulting from an increase in the number of directors and vacancies occurring in the board for any reason except the removal of directors without cause may be filled by a vote of a majority of the directors then in office, although less than a quorum exists, unless otherwise provided in the certificate of incorporation. Vacancies occurring by reason of the removal of directors without cause shall be filled by vote of the members. A director elected to fill a vacancy caused by resignation, death or removal shall be elected to hold office for the unexpired term of his predecessor. 5. REMOVAL OF DIRECTORS. Any of all of the directors may be removed for cause by vote of the members or by action of the board. Directors may be -removed without cause only by vote of the members. 6. '` RESIGNATION. A director may resign at any time by giving written notice to the board, the president or the secretary of the corporation. Unless otherwise specified in the notice, the resignation shall take receipt thereof by the board or such officer, and the acceptance of the resignation shall not be necessary to make it effective. MBL5 • — _.....L40 .of 305 .._ QUORUM OF DIRECTORS. Unless otherwise provided in the certificate of incorporation. a majority of the entire board shall constitute a quorum for the transaction of business or of any specified item of business. 8. ACTION OF THE BOARD. Unless otherwise required by law, the vote of a majority of the directors present at the time of the vote, if a quorum is present at suchtime, shall be the act of the board. Each director present shall have one vote. 9. PLACE AND TIME OF BOARD MEETINGS. The board may hold its meetings at the office of the corporation or at such other places, either within or without the state, as it may from time to time determine. 10. REGULAR ANNUAL MEETING. A regular annual meeting of the board shall be held immediately following the annual meeting of the members at the place of such annual meeting of members. 11. NOTICE OF MEETINGS OF THE BOARD, ADJOURNMENT: Regular meetings of the board may be held without notice at such time and place as it shall from time to time determine. Special meetings ofthe board shall be held upon notice to the directors and may be called by the president upon three days' notice to each director either personally or by mail or by wire; special meetings shall be called by the president or by the secretary in a like mariner on written request of two directors. Notice of a meeting need not be given to any director who submits a waiver of notice whether before or after the meeting or who attends the meeting without protesting prior thereto or at its commencement, the lack ofnotice•to him. A majority of the directors present, whether or not a quorum is present, may adjourn any meeting to another time and place. Notice of the adjournment shall be given all directors who were absent of the time of the adjournment and, unless such time and place arc announced at the meeting, to the other directors. 12. CHAIRMAN. At all meetings of the board the president, or in his absence, a chairman chosen by the board shall preside. MBIr6 • 141 of 305 13. EXECUTIVE AND OTRER COMMITTEES. • 7U board by resolution adopted by a majority of the entire board, may designate from among its members an executive committee and otter committees, each consisting of three or more directors. Each such committee shall serve at the pleasure of the board. ARTICLE V — OFFICERS I. OFFICES, ELEC ITON, TERM. Unless otherwise provided for in the certificate of incorporation, the board may elect or appoint a president, one or more vice-presidents, a secretary and a treasurer, and such other officers as it may determine, who shall have such duties, powers and functions as hereinafter provided. All officers shall be elected or appointed to hold office until the meeting of the Board following the annual meeting of memberx. Each officer shall hold office for the term for which he/she is elected or appointed and until his successor has been elected or appointed and qualified. 2. REMOVAL. RESIGNATION, SALARY. Any officer elected or appointed by the board may be removed by the Board with or without cause. In the event of the death, resignation or removal of an otiicer, the board -in its discretion may elector appoint a successor to fill . the unexpired term. Any two or.more offices may be held by the same person, except the offices of president and secretary. The salaries of all officers shall be fixed by the board. 3. PRESIDENT. The president shall be the chief executive offices of the corporation; he/she shall preside at all meetings of the members and of the board; he/she shall have the general management of the affairs of the corporation and shall see that all orders and resolutions of the board are carried into effect 4. VIMPRESIDENTS. During the absence or disabdity'of the president, the vice-president, or if there are more than one, the executive vice-president, shall have all the powers and functiors of the president. Each vice-president shall perform such other duties as the board.shall prescribe. . 5. . TREASURER. Tire treasurer shall have the care and custody of all the funds and securities of the corporation, and shall deposit said funds in the name of the corporation in such bank or trust company as the directors may elect he/she shall, when duly authorized by the board of directors, sign and excite all contracts in the name of the corporation, when countersigned by the MBL7 • 142 of 305 president; he/she shad also sign all checks, drafts, notes, and orders for the • payment of money, which shall be duly authorized by the board of directors and shall be countersigned by the president; he/she shall at all reasonable j times exhibit his/her books and accounts to any director or member of the corporation upon application at the office of the corporation during ordinary business hours. At the end of each corporate }ear, he/she shall have an audit of the accounts of the corporation made by a committee appointed by the president, and shall present such audit in writing at the annual meeting of the members, at which time he/she shall also present an annual report setting forth in full the financial conditions of the corporations. 6. ASSISTANT -TREASURER During the absence or disability of the treasurer, the assistant - treasurer, or if there are more than one, the one so designated by the secretary or by the board, shall have the powers and functions of the treasurer. SECRETARY. The secretary shalt keep the minutes of the board of directors and also the minutes of the members. He/she shall have the custody of the seal of the corporation and shall affix and attest the same to documents when duly authorized by the board of directors. He'she shall attend to the giving and serving of all notices of the corporation, and shall have charge of such books and papers as the board of directors may direct; he/she shall attend to such correspondence as may be assigned to him/her, and perform all the duties incidental to his/her office. He/she shall keep a membership roll containing the names, alphabetically arranged, of all persons who are members of the corporation, showing their places of residence and the time.when they became members. ASSISTANT -SECRETARIES. During the absence or disability of the secretary, the assistant -secretary, or if there are more than one, the one so designated by the -secretary or by the board, shall have all the powers and functions of the secretary. 9. SURETIES AND BONDS. In case the board shall so require, any officer or agent of the corporation shall execLAe.to the corporation a bond in such sum and with such surety or sureties as the board may direct, conditioned upon the faithful performance of his/her duties to the corporation and including responstbility for negligence and for the accounting for all property, funds or securities of the corporation which may come into his/her hands. • 305 _ ARTICLE VI — SEAL i'Tbe seat of the corporation shall be as follows: ARTICLE YO — CONSTRUCTION If there be any conflict between the provisions of the certificate of incorporation and these bylaws, the provisions of the certificate of incorporation shalt govern. ARTICLE VIII -- AMENDMENTS The by-laws may be adopted, amended Or repeated by the members at the time they are entitled to vote in the election of directors. By laws may also be adopted, amended or repealed by the board of directors but arty by-law adopted, amended or repealed by the board may be amended by the members entitled to vote thereon as heminbefore promvided. -jf any bylaw regulating an impending election of directors is adopted, amended or repealed by the board, there shall be set forth in the notice of the next meeting of members for the election of directors the by law so adopted, amended, or repealed, together with a concise statement of the changes made. S • 141314 144 of 305 INTERNAL REVENUE SERVICE P. 0. BOX 2508 CINCINNATI, 0H 45201 Date: MAR 2 6 2009 FISHER OZ LANDING SEBASTIAN INC C/O CHARLES W.. SEMBLER, II 6945 49TH ST VERO BEACH, FL 32967 Dear Applicant: DEPARTMENT OF THE TREASURY Employer Identification leer: 26-3167943 DLN: 17053242319018 Contact Person: BRENDA WILKINS ID$ 52638 Contact -Telephone Number: (877) 829-5500 Accounting Period Ending; December 31 Public Charity Status: 170(b)(MA1(-vi ) Form 990 Required: Yes Effective Date of Exemption: May 6, 2008 Contribution Deductibility: Yes Addendum Applies: No We are pleased to inform you that upon review of your application for tax exempt status we have determined that You are exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code. Contributions to you are deductible under section 170 of the Code. You are also qualified to receive tax deductible bequests, devises, transfers or gifts under section 2055. 2106 or 2522 of the Code. Because this letter could help resolve any questions regarding your exempt status. you should keep it in your permanent records. Organizations exempt under section 501(c)(3) of the Code are further classified as either public charities or private foundations. We determined that you are a public charity under the Code section(s) listed in the heading of this ... � s . Please see enclosed Publication 4221-PC, Compliance Guide for 501(c)(3) Public Charities, for sane helpful information about your responsibilities as an exempt organization. Letter 947 (DO/CG) 145 of 305 FISNERMANS LANDING SEBASTIAN INC • Enclosures: Publication 4221-PC • i. 0 -l- Sincerely, Robert Choi Director, Exempt Organizations Rulings and Agreements Letter 947 (0O/CG) 146 of 305 • TO: Amendment Section Division of Cuzpomdons NAMi: of CORPORATION: Fisherman's Landing Sebastian, Inc. noculNl aT NuMmII:.R: N08000004478 lice enclosed Artd dW of Axs=&vzW and fee are aubmitWd for Ming. Please return all correspondence concerning this matter to the following✓ Timothy Adams (Name of Contact Person) Fisherman's Landing Sebastian, Inc. (Firm/ Company) 6945 49th Street (Address) Vero Beach, FL 32967 (City/ State and Zip Corte) Bsembler@aol.cam 11,mat► address: (to be uses for tuture annual report nouttcatton) For firrther information concerning this matter, please call: Beth Sembler at t 772 1473-1577 (Name of Contact Person) (Area Code & Daytime Telephone Number) Enclosed is a check for the following amount made payable to the Florida Department of State: ❑ $35 Filing Fee 0 $43.75 Filing Fee dt D S43.75 Filing Fee 6t 0 $52.50 Filing Fee Certificate of Status Certified Copy Certificate of Status (Additional copy is Certified Copy enclosed) (Additional Copy is enclosed) Mailing Address Amendment Section Division of Corporations P.O. Box 6327 • Tallahassee, FL 32314 Street Address Amendment Section Division of Corporations Ginnn Building 2661 Exoeative Center Circle Tallahassee, FL 32301 147 of 305 I • Articles of Amendment to Articles of Incorporation Of FISHERMAN'S LANDING SEBASTIAN, INC. (!Name of Corooration as correntiv tiled whh the Florida Deot. of State) N08000004478 (Document Number of Corporation (if known) r. AW/orr 4640 A( q� 8 1 Z`H lA'�!' pig y� 30 AssFE�� pl�rr. Pursuant to the provisions of section 617.1006, Florida Statutes, this Florida Not For PPOp Corporation adopts the following amendment(s) to Its Articles of Incorporation: A. if amending name. enter the new name of the corporation: The new name mast be distinguishable and contain the word "corporation" or "incorporated" or the abbreviation "Corp. " or " Inc. " "Comnanv"ar "Co." may not be used In the none B. Enter new arincipal office address, if annlleable: (Principal office address MUST BE A STREET ADDRESS ) • C. Enter new malline address. ifaonjltable: . (Mailing address MAY REA PAST OFFICE ,BOX) D. jf amending the r ebtered agent and/or registered office address In Fiorldah inter the namg,Q(the new registered seent and/or the new reefatered ofYlee address, New Re gistered Office Address: (Florida street address) Florida (City) (Zip Code) New Registered Azent's Si nature. if ebaneing Revistered Agent; I hereby accept the appointment as registered agent. I am familiar with and accept the obligations of the position. Signature ofNew Registered Agent, (f changing Page 1 of 3 • 148 of 305 If amending the Officers aadlar p(rectprs, cater the titles Ewa of each atiicer/director sine • reared and title. Pmme. RO addM of each Officer and/or Director being addd; (Attach addltlonolsheets, If'necessary) Eft sm A4dMM Tne of Actfoo Press Chfades W. Sembler 69454M street Ci Add Vam aaad - R 32987 ® Remove 11mthY Adam 420,MID,strost m Add Swan, R_ 32MR C] Remove ❑ Add ❑ Remove & tLansendfaQ or adding additbnal Art(dea. safer _cAae( lam(}: (attach addolonal sheets. U'necessary). Me specif ic) • • Page 2 of3 149 of 305 - The dub of eseb amendments) adoptiow 9,W2011 • E(date ofadopd m is r�equirud) ffective date s � ,�a2o11 (no more Man 90 da)w after amea&nent f ile dale) Adoption atAmeadment(s) (-CHECK AM ❑ The amendment(s) was/were adopted by the members and the number of votes cast for the amendment(s) wasMere saBidetd for approval. 0 Thwe are no members or members entidod to voto on the amend ment(s). The eu =Wmcnt(s) w=4= adopted by the board of directors, Dated 10-14-2011 Signature s ✓!/f'►t� (By the chairmen or vice chairman of the board, president or other efiicer-if directors have not been selected, by an in — if in the hands of a m ceiver. trustee. or other court appointed fdmm 4M by that fiduciary) Timothy Adams ('typed or printed name of person signing) Li President (Title of person signing) Page 3 of 3 • 150 of 305 COVER Le, ri it zit TO: Amendment Section Division of Corporations SUBJECT: Fishennan's Landing Sebastian, Inc. (Name of Corporation) DOCUMENT NUMBER: N08000004478 The enclosed Officer/Director Resignation for a Corporation and fee are submitted for filing Please return all correspondence concerning this matter to the following: Timothy Adams (Name of Person) Fisherman's Landing Sebastian (Name of Finn/Company) 6945 49th Street • (Address) Vero Beach, FL 32967 (Ci(y/State and Zip Code) For further information concerning this matter, please call: Timothy Adams at ( 772 473-6680 (Name of Person) (Area Cade & Daytime Telephone Number) Enclosed is a check for $35.00 made payable to the Florida Department of State. Street Address: AAmendment Section Division of Corporations Clifton Building 2661 Executive Center Circle Tallahassee, FL 32301 CR2WWMW) Mai is dd Amen ment Section Division of Corporations Post Office Box 6327 Tallahassee, FL 32314 151 of 305 r H ♦ � • I� • ' ' OFFICER /DIRECTOR RESIGNATiON?B�� G FOR A CORPORATION T�11 Qygs�r��R Charles W. Sembler , hereby resign as President (two) of Fisherman's Landing Sebastian, Inc. (Name of Corporation) N09000004478 a ion organized under the laws of the State of (Do=mn NwrAw, if bmn) � ��� Florida "eq — ftrauue of resigning officer/director) FILING FEE IS S3&00 Make checks payable to Florida Department of State and mail to: AmerWrnent Section Division orcorporations P.O. Box 6327 Tallahassee, Florida 32314 • 11L S305 r: 0 CITY OF SEBASTIAN WORKING WATERFRONT COLLABORATIVE MANAGEMENT PLAN STAN MAYFIELD WORKING WATERFRONT PROGRAM 08-003-WVVI June 2010 Updated August 2012 2"d Update April 2013 153 of 305 Exhibit B.-- Florida Communities Trust Management. Plan 154 of 305 TABLE OF CONTENTS Executive Summary 3 Section 1— Introduction 4 1640 Indian River Drive — Showcasing Sebastian's Fishing Heritage 4 1532 Indian River Drive — The Real Working Waterfront 5 Other Aspects 6 Section 11- Purpose 6 Supporting the Concepts of the Stan Mayfield Grant 6 Proposed Working Waterfront Facility Uses 7 Historic Preservation, While Supporting the Florida Commercial Fisherman 8 Sebastlan's CRA — Supporting the Local Economy by "Priming the Pump' 8 Creating a Destination 9 Management Objectives for the Site 9 Sebastian's Comprehensive Plan 9 Potential Conflicts with Adjacent Activities 10 Section III - Site Development and Improvement 11 FCT Acknowledgement 11 Existing Physical Conditions —1540 & 1532 Indian River Drive 11 Stormwater Facilities 12 Landscaping 13 Water Quality Protection 16 Building Requirements 16 Archeological and Historical Resources 1B Pemn'sLLs 16 • Easements 17 Educational Signs and Displays, Museum 17 Section IV - Business Activities 18 Existing Business Activities 18 Proposed Business Activities 18 Description of Primary Activities to Occur at Site 19 Operational Acknowledgement 22 Current and Future Demand for the Facilities and Activities 22 Section V — Concessions and leases 22 Rents/Royalties Collected at the She 22 Identify Existing Concessions and Leases 22 Submerged Lands Lease and Deed for the Existing Facilities 23 Section VI — Management Needs 23 Management 23 Maintenance 23 Security 24 Staffing 24 Section VII — Cost Estimates and Fundlna Sources 24 Structure and Improvement 24 Maintenance 25 Security 25 Staffing 25 Funding Sources 25 Rection Vlll — Schedule 26 Priority Timeline 26 Spctlon IX — Monitorina and Reportina . 26 Section X — List of Attachments 27 z 155 of 305 EXECUTIVE SUL',MARY The coastal area located adjacent to the Indian River Lagoon was first fished by the Ais Indians for subsistence and recreation. Fishing would ultimately become the area's mainstay. By 1884 the town, originally called Newhaven, would not only be transformed by changing its name to Sebastian, but, mechanical inventions would also play a large role in establishing the community as a small, yet important fishing village. It can be argued that the most effective economic stimulus to occur in Florida was the development of Henry Flagler's Florida East Coast Railroad, which connected the region to the Northeastern United States. Combined with the invention of the ice machine, it became possible to transport highly perishable products, like seafood, over long rail distances. Thus, Sebastian's economy and fishing identity was born. In its heyday, Sebastian was home to nineteen fish houses. Today there are very few remnants of the fishing industry, although Sebastian is still home to many of the original fishing families. Hurricanes, competition, pollution and development have all played a commercial fishing. regulation, net bans, foreign role in the decline of Florida With financial assistance from the Stan Mayfield Working Waterfront Program, Sebastian is poised for a fishing industry stimulus and aims to host another first for the State of Florida — managing the most successful working waterfront community. Sebastian has the characteristics that make it a perfect match for this program. For example, thanks to the vision of Paul Kroegel and the federal government, the City is within eyesight of Pelican Island, the nation's first wildlife preserve. Sebastian's waterfront is also part of the Indian River Lagoon national estuary and only a moment's boat ride to the Sebastian Inlet — offering easy, quick access to the Atlantic Ocean. Meanwhile, finfish is making a comeback and the growing viable aquaculture market — the production of clams and other marine organisms — is successfully operating in Sebastian. With the Indian River Lagoon's abundant natural resources, various fish and shellfish populations, deep water access, several free boat ramps, fishing piers and a cultural 156 of 305 • heritage rich with commercial fishing industry, Sebastian is positioned to regain its prominence as a world class fishing village. SECTION I. INTRODUCTION The Sebastian Waterfront Collaborative Grant Proposal represents a public/private joint effort. All levels of government (City, County, State) will be working with local business and Fisherman's Landing Sebastian, Inc. (FLS), a non-profit organization, to (1) rejuvenate the commercial fishing industry; and, (2) provide a destination in Sebastian for waterfront and fishing enthusiasts. The vision of the Waterfront Collaborative Is to link together several key parcels on the Indian River Lagoon in an effort to educate the public about Sebastian's commercial fishing heritage and stimulate the commercial fishing industry through the development of a retalYwholesale seafood marketleatery, renovated fish house, exhibitions, demonstrations, educational venues and civic events. The sites will help create a destination for promoting one of Florida's primary and historic economic industries — fishing. With this concept, the City not only meets the goals of the Stan Mayfield Working Waterfront Program but also supports economic redevelopment efforts within the Sebastian Community Redevelopment Agency (CRA) District. The location of the Sebastian Waterfront Collaborative will be 1540 and 1532 Indian River Drive. Currently, the Hurricane Harbor site, located at 1540 Indian River Drive, is vacant and has been for several years. The second parcel for the project will be at 1532 Indian River Drive, at what Is locally known as the Dabrowski Offshore Marina. The marina is currently utilized by commercial fishermen and aquaculturists. By using CRA funds to match the Florida Communities Trust's Stan Mayfield Working Waterfront Program (FCT/SMWWP) grant funds, the City has the opportunity to use redevelopment funds for its primary purpose — generating new tax base, and bolstering the local economy through retail, food, beverage and hotellmotel sales and, most importantly, job creation. Both properties are underutilized, located within commercial districts that support working waterfront uses and have approved site plans. Starting with the northernmost parcel, the collaborative envisions using the Hurricane Harbor facility (1540 Indian River Drive) as a destination point for a museum, fish market/eatery and assembly area for demonstrations and educational events. The Dabrowski property (1532 Indian River • Drive) will serve as the backbone of the "working waterfront" — the actual commercial fishing dock. 1540 Indian River Drive - Showcasing Sebastian's Fishing Heritage The 1540 Indian River Drive site Is comprised of 5 parcels totaling 2.29 acres. This facility is immediately north and adjacent to the Dabrowski Offshore Marina. Hurricane Harbor is listed on the state registry of historic places and has been everything from an automotive garage to an oyster packing facility. The structure is probably most • infamously known for liquor smuggling "rum running" from the Caribbean into the United States during the Prohibition years from 1919 to 1933. The owner and entrepreneur, 4 157 of • Bob McCain, was later arrested and imprisoned by the federal govemment. Hence, it is part of the City's vision to keep the history of the building alive by using its rustic charm to showcase Sebastian's Commercial fishing heritage. Inside, the building will include artifacts and exhibits of Sebastian's fishing heritage with a focus on how environmental stewardship can assist and augment the commercial fishing industry. The City is seeking other partnerships with local historic societies, the environmental learning center and with the Department of Agricultural/Consumer Services In order to fund and operate a fishing heritage museum. The facility will also host demonstrations and educational events aimed at enriching visitors with information about commercial fishing or teaching commercial fishing trades. Illustrative examples of educational programming include demonstrating how to dean fish, how to craft crab traps, recipefcooking forums and historic lectures from local fishing families. The other major component of the Hurricane Harbor will be a fish market/eatery, where visitors will have the ability to taste for themselves some of Sebastian's "Tastiest Catch" in a limited food service menu. The City solicited proposals from qualified vendors and will utilize a portion of Hurricane Harbor to be run as a retail fish market and eatery. The fish market portion of the operation will offer a broad variety of Florida seafood, daily catch specials, recipes, and provide a focus on locally produced seafood and aquaculture. The fish eatery will be a limited food service, snack bar, counter service concept. Limited food service means foods such as steamed clams, clam strips, fish sandwich, soups or the "catch of the day" prepared to go or casual dine4n service (no . table waiting staff). The eatery seeks a rustic ambiance that links visitors with the fish market, working waterfront experience, and cultural history of days gone by. 1532 Indian River Drive — The Real Working Waterfront This parcel shall serve as a true working waterfront; offering a commercial marina for the dockage of commercial vessels, location of a working fish house, providing an ice house, housing aquaculture operations and linking the properties together with water- side docks. The Dabrowski Offshore Marina site provides one of the few deep water commercial docks still in existence with a running aquaculture venture. The fish house was destroyed in the 2004 hurricane season but has potential for being rebuilt. Through the existing partnership with Fisherman's Landing Sebastian, Inc. (FLS), a vendor for the provision of ice will be sought. It is anticipated that 40,000 — 60,000 pounds of ice will be produced each day. The facility would be built into the south side of the facility where it is accessible to the fisherman. While the fisherman will probably use a °bobcat" or a forklift type of machinery to move vats of ice — it may be possible to reinstall the old rail tracks and use carts to move the ice between the depot and the dock. Also planned for this facility is a "wet exhibit" area offering "hands-on clams." The actual location may be shared between locations or as part of the Dabrowski Offshore 5 - -- ------ ---- 158 of 305—_ • Marina parcel (exact location not yet finalized). This entails a display area with raceways where visitors will be encouraged to reach in to see and touch clams in various stages of development. Other Aspects Both parcels (1532 and 1540 Indian River Drive) are within the City's Community Redevelopment Agency (CRA) district, are adjacent to the Indian River Lagoon, an aquatic preserve and part of the national estuary. The City acknowledges that the project sites) will be developed In accordance with the Declaration of Restrictive Covenants. These two parcels complete the Waterfront Collaborative project and there are currently no plans for future acquisitions. Adjacent and to the south of the Dabrowski Offshore Marina parcel is the Sembler parcel that also contains a working dock and has an approved site plan for a Fisherman's Chapel on the east side and restaurantfretail on the west side of Indian River Drive. Also in proximity, the City owns the Main Street boat ramp located approximately one half mile to the south as well as several other passive park riverfront parcels (including the Yacht Club Boat Ramp and Riverview Park). Both boat ramps currently offer parking and are operated year round, free of charge. These sites are shown on Attachment 1. • SECTION II. PURPOSE All parcels will be managed in accordance with Florida Statutes as a working waterfront. This section of the Management Plan will describe the primary propose of the Waterfront Collaborative, how it matches the intent of the Stan Mayfield Grant and how it will function as a community redevelopment district tool. Supporting the Concepts of the Stan Mayfield Grant The Stan Mayfield Working Waterfront Grant Program has two components. Those being In support of: (a) A parcel or parcels of land directly used for the purposes of the commercial harvest of marine organisms or saltwater products by state -licensed commercial fishermen, aquacuiturists, or business entities, including piers, wharves, docks, or other facilities operated to provide waterfront access to licensed commercial fishermen, aquacultudsts, or business entities; or (b) A parcel or parcels of land used for exhibitions, demonstrations, educational venues, civic events, and other purposes that promote and educate the public about economic, cultural, and historic heritage of Florida's traditional working waterfronts, including the marketing of the seafood and aquaculture industries. C i s4 �r t)s The Waterfront Collaborative will address both concepts by using the Dabrowski • Offshore Marina facility for the activities listed in part "a" and the Hurricane Harbor facility for the activities listed in part "b'. Proposed Working Waterfront Facility Uses The specific operational activities will be fully described In Section IV - Business Activities of the Management Plan. In a summarized format, below are operational concepts to be considered at the waterfront facilities: ➢ Retail Fish Market and Eatery - Promotion of the Florida seafood industry by offering seafood, aquaculture and limited food service at the 1540 Indian River Drive location. ➢ Museum — Interactive and static displays showing Sebastian's fishing heritage at the 1540 Indian River Drive location. ➢ Assembly Area — The 1540 Indian River Drive facility will also host community meeting areas for various educational and cooking seminars. ➢ Special Events — Fundraising activities that augment capital and recurring expenses that are required to directly benefit Florida commercial fishing operations. ➢ Interpretive Kiosks — Interactive signage throughout the working waterfront. ➢ Touch Pools - "Wet" Exhibits displaying clam raceways, showing clams from seedling size to various stages of development. ➢ Ice Depot — Provision of ice for commercial fishing. • ➢ Smoke House — On site retro-style seafood cooking facility. ➢ Dock — Commercial dockage available for lease to commercial fisherman. ➢ Fish House — Rebuild the historic "above water" fish house structure. ➢ "Retro" Rail System — Install railroad and push car system for the transport of materials and product throughout the facilities. ➢ Boardwalk - Expansion of the docks from the Sembler property through the Dabrowski site and to Hurricane Harbor. ➢ Aquacufture — Operation of dam cultivation chambers and other marine organisms for commercial and educational purposes. ➢ Micro Business Incubator — As space Is available, making small leases available to businesses that have a direct link/benefit to Florida commercial fishing. Due to the configuration of the facilities the above activities shall roughly be developed for operation between the sites as follows ➢ Dabrowski Offshore Marina — Commercial fishing dockage; restored fish house with viewing area to see fish packaging/shipping caught by Sebastian's fishing families; aquaculture operations; aquaculture "touch" exhibits; linear decks connecting facilities, benches provide seating to enjoy the river view along the decks; and, an ice house. ➢ Hurricane Harbor — Retail fish marketteatery; museum/educational venue with interactive displays; and, other micro businesses that support commercial fishing. 7 ---1-60 Cf3ft5- • The City acknowledges that any proposed modification of the Management Plan and/or undertaking any site alterations or physical improvements that are not addressed in the Recipient's approved Management Plan will require prior FCT review and approval. Historic Preservation, While Supporting the Florida Commercial Fisherman Both sites (1540 and 1532 Indian River Drive) seek to preserve the history and future of commercial fishing in Sebastian. By acquiring one of the few commercial marinas still in existence on the Florida Treasure Coast, the City will have the ability to ensure that commercial fishermen have a facility for their boats and a place to unload their catch. The program provides the funding necessary to help foster and nurture a maritime renaissance that will further protect and continue the historic commercial fishing Industry. To achieve this goal, the City will develop partnerships for site management and development. Sebastian's CRA — Supporting the Local Economy by "Priming the Pump" Once the purchase and redevelopment of the Hurricane Harbor and Dabrowski sites are complete, a significant destination point for residents and visitors will have been created. This asset, located in the Sebastian Redevelopment Agency (CRA) district will generate public and private revenue from visitors and residents, who come to see, learn • and explore our commercial fishing ecological and historical roots. In order to justify this statement, the following data is provided. Cultural and heritage tourism is one of the fastest growing segments of the travel Industry. By exploring the historic exhibits visitors develop a sense of place and kinship. According to research conducted by the Travel Industry Association, "81% of U.S. adults who took at least one trip of 50 miles or more, one way, away from home in the past year included at least one such activity or event while traveling." In addition, the research indicated that four in ten historic/cultural trips were taken by baby boomers. One third of the trips were generated by households with children. Visitors will spend their discretionary funds on hotel rooms, restaurants, shopping and gas; thereby, generating revenue through the bed tax, sales tax and gas tax. Additionally, by creating this destination point on the waterfront, in conjunction with other projects, private business enterprise will be encouraged to reinvest along the riverfront. The State estimates that historic tourism is the third leading generator of tourism dollars in Florida. By marketing its historic value, Sebastian's Waterfront Collaborative will tap into the historic tourism market in order to help stimulate the local economy. The State, through the Cultural Council, estimates that a "day-tripper" spends anywhere from $71-$77 per person per day. Day trippers are visitors to the area that may come • for an event (i.e. a festival) or simply come to dine at a local restaurant. If an overnight stay is included this figure becomes $135-$156 per person per day. 8 161 oL3 _—. • Newer figures from 2008 Florida Visitor's Association (VISIT FLORIDA) indicate the demographics of people visiting the central east Florida region (i.e. Brevard and Indian River Counties) are reflective of the target market for visiting the Sebastian Working Waterfront: ➢ Mostly couples (45%) in 2008. ➢ 40% of visitors had household Incomes of over $100,000. ➢ Average expenditures per person per day are $106. ➢ Beach and waterfront activities were the most commonly reported activity ➢ Visitors come for leisure purposes. ➢ This region has the second highest average length of stay at 5.7 nights. ➢ Almost half (48%) of adult travelers were in the 35-54 age range, the largest of all eight regions; 40% of adult travelers to the region were 55+ years old. Additionally, Visit Florida estimates that there were over 500,000 visitors to the national estuary - the Indian River Lagoon - and that equated into a 15% increase from the previous year. Creating a Destination A desired outcome of the project is to advertise Sebastian as a place were visitors and • commercial fishermen alike will find "the tastiest catch". Part of the collaborative plan is to have the Hurricane Harbor and Dabrowski properties work in conjunction to draw people in and showcase Sebastian's fishing heritage. It will become a destination primarily for day trippers and "stay -cations" for Florida residents. Management Objectives for the Sloe: Management objectives for the Waterfront Collaborative shalt be: 1) Protect and promote commercial fishing by providing dockage for licensed commercial fishing vessels. 2) Protect commercial fishing by providing an area for the packing/shipping of freshly caught seafood and aquaculture products. 3) Rebuild the historic fish house which will once again serve the area with seafood/aquaculfure unloading and packing facilities. 4) Provide information to day trippers, residents and local school districts (via field trips) on the history of Sebastian's working waterfront. 5) Showcase local seafood at the fish market/eatery. Sebastian's Comprehensive Plan The City's Comprehensive Plan supports the working waterfronts program and the proposed uses in a variety of ways. One of the primary goals in the comprehensive 9 — — — 162 of 305-- • plan is to protect the "historic fishing village" of Sebastian by preserving waterfront type businesses associated with commercial fishing. The Future Land Use (FLU) and Land Use designations assigned to 1540 and 1532 Indian River Drive are both Riverfront Mixed Use (RMU), as shown on Attachment 2. The RMU designation supports the working waterfront and commercial fishing uses. Further this use designation promotes and preserves Sebastian's °Old Florida Fishing Village* heritage. Illustrative uses allowed In RMU include wet or dry storage of boats, boat sales or rental, bait and tackle shops, fish markets/packing houses, restaurant and accessory uses for the fishing industry. Therefore, no change to the FLU is anticipated. The zoning currently in place Is Commercial Waterfront Residential (CWR). The CWR zoning allows and promotes all uses proposed at the sites. Also note, that the proposed site is a mixed use district designed to further the goals of a working waterfront and a preservation of Sebastian's "Old Florida Fishing Village" heritage. Illustrative uses allowed include wet or dry storage of boats, boat sales or rental, bait and tackle shops, fish markets/packing houses and accessory uses for the fishing industry. Therefore no change to the zoning is required. • Further, there are several policy statements in the City's Comprehensive Plan that support the working waterfront: ➢ Policv 1-1.2.3 -Protect Heritage Industries including citrus and aquaculture. ➢ Policv 1-1.7.2 - The City shall support the acquisition of natural areas or open space through publicly funded programs, Including the acquisition and development of facilities that promote and educate the public about the economic, cultural and historic heritage of the City. ➢ Policv 1-2.9.6 - Preserving Riverfront Access as a treasure to be enjoyed by all citizens of Sebastian. The City shall continue to develop programs and identify funding sources to acquire access to the river The acquisition and development of the site will provide additional access to the water, provide educational opportunities regarding commercial fishing in the area and enhance the aquaculture industry. Potential Conflicts with Adjacent Activities The parcels are located within the City of Sebastian Community Redevelopment Area. The land uses for the project site and the surrounding land is Riverfront Mixed Use. To • the south of the property are existing commercial activities including an existing commercial docking facility, restaurants and the Mel Fisher Museum. To the north of 10 163 of 305 • the site are restaurants and motels. The development of the site as a commercial working waterfront descxbed is consistent with the existing mixed use activities. There may be some concerns with the more "gritty° nature of a working waterfront activity. The City will address this potential issue by making sure litter and trash is cleaned up daily and appropriate vegetative buffering is provided around the commercial seafood trucks and trailers. All commercial fishing and aquaculture gear will be appropriately stored and, if needed, a privacy fence will be constructed around any outdoor storage area. SECTION III. SITE DEVELOPMENT AND IMPROVEMENT The project has a number of existing facilities that can accommodate the proposed activities envisioned for the site. Most of the facilities need restoration, rebuilding or repair. FCT Acknowledgement In order to recognize the largest partner in the project, the City will construct and install at least one acknowledgment sign identifying the Project Site being purchased with funds from `The Stan Mayfield Working Waterfront Grant Program — Funded Through the Florida Communities Trust". The sign shall be at least 3'x 4' in size and include the FCT logo and the year the site was acquired. The sign shall be located in an area isvisible to any visitor on the site. The City will ensure that the project site is identified in all literature and advertising as acquired with funds from the °"The Stan Mayfield Working Waterfront Grant Program — Funded Through the Florida Communities Trust° and operates as a Working Waterfront. Existing Physical Conditions —1640 & 1532 Indian River Drive The Hurricane Harbor (1540 Indian River Drive) site is 2.29 acres composed of five parcels. The building is approximately 6,530 s4. feet, formerly a restaurant with bar. In addition, there are 2,674 sq. feet of deckitiki bar/outdoor area. Specifically, the site includes an existing building that has been a restaurant. Currently, the building is currently. There is an outside deck, tiki bar, and dock facility. There is a parking area more fully described in the next paragraph. There is outdoor storage on the north side available for fishing gear. The dock at the site is approximately. 165' long x 6.5' wide. There are two parking lots at the Hurricane Harbor facility. They are on both east and west sides of Indian River Drive. The parking area is very large and could potentially accommodate future expansion for building facilities or additional parking. Paved • handicap parking is available on the east side of Indian River Drive (north of the building). On the west side of Indian River Drive there are 105 parking spaces, 11 — 164 of 30§— • including 4 handicapped accessible parking spaces. Parking is primarily situated for cars. The west parking is currently an unpaved, gravel lot with concrete parking stop delineators. At this time there are no plans to pave the parking lot. The southern portion of the west parking will be set aside to accommodate working waterfront operations for boat trailers and larger commercial vehicles involved in the fishing and aquaculture activities to be located at 1532 Indian River Drive. There is currently one stamped pedestrian crosswalk connecting the parking lot to Hurricane Harbor. The City will install an additional stamped crosswalk area with pedestrian crossing sign to more easily identify the parking with the visitor amenities. A bike rack will be installed at the Hurricane Harbor parcel, to encourage multi -modal transportation uses along the riverfront. Because the Hurricane Harbor site has been vacant for at least two years, it is in need of some repair. Primary repair activities include roof repair, remove derelict kitchen equipment; upgrade refrigeration; minor structural repair; ADA accommodations; other rustic ambiance enhancements; painting; air conditioning; and, landscaping. The repair and operational activities will be further described in Section IV — Business Activities. The Dabrowski/Offshore Marina (1532 Indian River Drive) site is .25 acres of land with .75 acres of submerged land. Currently, the site is a functioning working waterfront. The site has a recently renovated dock system. The site also has a functioning Isaquaculture operation and a fish house; however, the historic fish house was severally damaged in the 2004 hurricanes and is open to the elements. • Specifically, the overall dock configuration is a "U-shape", with a single dock extending out from the shoreline 41' to a platform where the fish house originally sat. From there, two piers extend out 125' each forming the °U°; thereby, providing a turning basin for the boats to moor and unload. The fish house is approximately 800 square feet and needs to be redeveloped. The parking surface is unimproved. Stormwater Facilities The Hurricane Harbor site has an approved storm water plan (originally permitted through St. John's River Water Management District) that has been Installed, and therefore, only maintenance is anticipated. The City workforce can oversee maintenance of the storm water system as part of the City's ongoing duties. The proposed site improvements will not have any negative impact on water quality. On the Dabrowski site, any water quality impacts will be addressed at the time of permitting for a new fish house. Any future development on the Dabrowski site will be evaluated at the time of development by the City's Community Development staff and through the permitting requirements of St. John's River Water Management District. 12 165 of 305 • The City will monitor the site annually for nuisance and exotic species. City Staff currently monitors a number of City owned facilities, so these parcels can be easily included in a regular assessment. Water Quality Protection Both sites have constructed stormwater systems. As stated, the Hurricane Harbor site has an Installed stormwater management system that is in compliance with water management district requirements. The City will remove nuisance species from the stormwater ditch. There is no direct stormwater discharge from the Hurricane Harbor site, which requires SJRWMD approval. The Dabrowski property will need to address any future storm water needs as part of the redevelopment of the fish house. At the time of development for the fish house, it will be determined if shoreline vegetation may be beneficial in treating stormwater runoff from the site. If so, considerations for planting sparfine alfern flora (shoreline grasses) along the shoreline will be made. Stormwater improvements for Dabrowski will be completed within the next two to five years, if needed, and concurrent with other improvements. The City will coordinate with the Indian River Aquatic Preserve for appropriate guidance and recommendations to avoid Impacts to the water quality, listed species and the natural resources in the • adjacent Indian River Lagoon. Building Requirements Both properties are within the coastal hazard area, thus any building permits will meet required wind load for exposure zones for the national flood insurance program, and State of Florida building codes. Archaeological and Historical Resources No known archeological artifacts exist, but if items are discovered, the City will contact SHPO immediately. It is anticipated that several local families will donate items of historical significance to the working waterfront program for displays. The City will provide interpretive signage for historic resources. While fishing is a historic Industry, the fish house that exists on site was built in the 50s and was badly damaged in the hurricanes of 2004. The fish house will be rebuilt in the "fishing village vernacular" architectural style. Permits The City of Sebastian maintains Florida Department of Environmental Protection Submerged Lands Lease #310006484 for operation of the working waterfront (Attachment 4). The lease covenants permit the operation of a working waterfront and • renovation of a over -water structure, provided the footprint is the same. 16 169 of 305 . Health Department inspections/permit will be required for the sale of fresh seafood and limited food service. City of Sebastian Building Department permits were received for improvements at 1540 Indian River Drive and will be required for the renovations scheduled at 1532 Indian River Drive. Aspects that require building permits will be issued through the City of Sebastian's (COS) Building Department or Indian River County, which ever applies. St. John's River Water Management District — modification of existing stormwater permits for any redevelopment/construction activities. Easements The City has not Identified any easements on the surveys and there are no easements being proposed. The City will provide FCT 60 day prior written notice and information regarding any proposed easement and no document will be executed without the prior written approval of FCT. Educational Signs and Displays, Museum The City will provide interpretive kiosks) or sign(s) that will educate the public about the economic, cultural, or historic heritage of Florida's traditional Working Waterfronts. The City will provide permanent structured displays of artifacts and other items pertaining to the economic, cultural or historic heritage. The City, in conjunction with FLS and the Sebastian Historical Society and other civic organizations, will provide volunteers to staff the museum and provide year round educational programming concerning the economic, cultural or historic heritage of Florida's traditional Working Waterfronts. These types of displays will include information about the region's "first fishermen" — the Ais Indians and early settlers - up through "today's fishing families". Displays will also include information on the historic clam industry and how clams are farmed in today's aquaculture ventures. Special programming will include day seminars on how to build a cast net, how to build a crab trap, how to dean and prepare locally caught fish and story telling performed by members of older fishing families informing the new generations about fishing history and days -gone -by. The largest "restorative" need on the Hurricane Harbor site is to redevelop the Florida "fishing village vernacular" architectural style by converting the foam roof to a metal roof. This will be completed as funding permits. The City wiii ensure that a cultural resource survey is conducted prior to any proposed development activities on either site; and, the City will notify the Florida Division of 17 - 1711.uf 2 (15 Historic Resources immediately if any archeological resources are identified. The City will coordinate with the Division of Historical Resources for the protection and management of archeological and historical resources, and comply with the provisions of Chapter 267, 267.081 2(a) and (b), of the Florida Statutes. The City will investigate whether either the old Hurricane Harbor or the Dabrowski' fish house qualify for listing on the National Register of Historic Places. SECTION IV. BUSINESS ACTIVITIES Existing Business Activities At the time FCT purchased the Hurricane Harbor facility and dedicated it the City, the facility had no activity and was a vacant, decaying former full service restaurant/bar. Through the City's procurement process and its .partnership with Fisherman's Landing Sebastian (FLS), there is now a tenant and subtenant leasehold with Indian River Seafood, Inc. for management of the fish market and eatery. FCT has reviewed these documents as of October 2011 and the City is in the process of returning these documents to the State_ At the time FCT purchased the Dabrowski Offshore Marina and dedicated to the City, it functioned as a commercial fishing marina with an aquaculture operation (raceways and upwellers). The existing business activities consist of commercial dock rental, • aquaculture operations, commercial slip rental and some processing of fish (packing, sorting, etc) on a daily basis. There had been contractual arrangements between the fishermen and the Dabrowski Trustees. These fisherman ultimately formed Fisherman's Landing Sebastian, Inc. (FLS). Now, there is a lease between the City and FLS. FCT has reviewed these documents as of October 2011 and the City is in the process of returning these documents to the State. Proposed Business Activities Business activities occurring at the site will be divided in categories that are (1) Primary to the support of commercial fishing; and, (2) Ancillary to the support of commercial fishing. Below is a general listing of primary and ancillary business activities that will occur on the site (1540 and 1532 Indian River Drive): ➢ Retail Fish Market and Eatery - Promotion of the Florida seafood industry by offering seafood, aquaculture and limited food service at the 1540 Indian River Drive location. ➢ Museum — Interactive and static displays showing Sebastian's fishing. heritage at the 1540 Indian River Drive location. ➢ Assembly Area — The 1540 Indian River Drive facility will also host community meeting areas for various educational and cooking seminars. ➢ Special Events — Fundraising activities that augment capital and recurring expenses • that are required to directly benefit Florida commercial fishing operations. ➢ Interpretive Kiosks — Interactive signage throughout the working waterfront. 18 171 of 305 • ➢ Touch Pools - "Wet" Exhibits displaying dam raceways, showing clams from seedling size to various stages of development. ➢ Ice Depot - Provision of Ice for commercial fishing. ➢ Smoke House - On site retro-style seafood cooking facility. ➢ Dock - Commercial dockage available for lease to commercial fisherman. ➢ Fish House - Rebuild the historic "above water" fish house structure. ➢ "Retro" Rail System - Install railroad and push car system for the transport of materials and product throughout the facilities. ➢ Boardwalk - Expansion of the docks along the shore line and to various points along the Dabrowski and Hurricane Harbor sites. ➢ Aquaculture - Operation of clam cultivation chambers and other marine organisms for commercial and educational purposes. ➢ Micro Business Incubator - As space is available, making small leases available to businesses that have a direct link/benefit to Florida commercial fishing. Description of Primary Activities to Occur at Site The facilities at 1540 and 1532 Indian River Drive offer many redevelopment opportunities that will support the mission of the Stan Mayfield Working Waterfront grant program. The Waterfront Collaborative will be host to these activities. The primary activities will include, but not necessarily be limited to: • D Historic . Fish House Restoration - The Waterfront Collaborative proposes to redevelop the fish house at 1532 Indian River Drive in order to provide a location for commercial fishing vessel dockage, incubation/harvesting of aquaculture, and the preparation of freshly caught fish for wholesale. In order to commence these activities, a retrospective restoration of the fish house is required. • Cost considerations for fish house restoration Is dependent on: (1) the level of State permitting required for (i) a structure that sits above the water; and, (ii) single or two- story facility design concepts; and, (2) the ability of FLS to generate construction funds. The first concern - regulation concerning an above water structure - is significant because professional services are required to conduct preliminary design on how the foundation of the existing fish house is repaired. The second cost factor - single or two-story building - centers on handicap acoessibility requirements. The current fish house retrospective concept retains the original "footprint" of the building. This "bottom level" will be modeled after a classic "open floor" fish house utilizing a rail transport system and providing entry points on three sides (north, east and south). These portals will accommodate multiple boats to unload their catch in two different zones simultaneously. Product will be moved into the fish house where it will be sorted, weighed, iced, packed and transported to the truck loading area using a vintage rail system. The second story of the fish house will provide an observation platform for visitors to witness the operations of the working waterfront. 19 11- V1 JVJ I • However, this concept may prove too costly, as initial design research Indicates that ADA requirements may call for elevator access to the second floor observation area. If costs prove too great, then a one-story concept will be developed, providing a same floor observation area. Installation of a °retro° style push -car rail system is another concept that may be considered. Conceptually, the rail system would link the °U° shaped operational docks with the fish house and other docks at 1532 and 1540 Indian River Drive for the purpose of loading/unloading ice, bait, equipment, vessel supplies and caught product. The concept would not only be a functional waterfront operation; but, also serve as a reminiscent visitor attraction. At this time, it is estimated that the redevelopment of the fish house may range from $350,000 - $750,000. ➢ Enhancement of Aouscultune - The Debrowski facility currently hosts functional aquaculture operations. However, a relocation or further renovation may be considered; the allowing for better visibility in an educational venue and, if required, to accommodate the expansion of a single -story fish house concept. ➢ Retail Fish MarkebEatery -With the unique features of the 1540 Indian River Drive building, a portion of the facility will host a retail fish market and eatery. The fish market will support the commercial fisherman by offering a retail/wholesale • outlet in the immediate vicinity of the actual working waterfront (1532 Indian River Drive). This location will assist commercial fishermen by providing an immediate sale point for locally caught seafood or aquacuiture. In addition, the retail fish market will have an eatery component offering limited food service. Operational guidelines of the Retail Fish Market/Eatery will be as specifically defined below: ✓ FOOD SERVICE - Food serve at the site will be in keeping with the nature of a seafood shack, seafood eatery or seafood caf6; whereby, food and drink orders are taken and paid for at an identified location. There shall be no wait staff for the purpose of taking food/drink orders from multiple locations. As construction of the entire project progresses, the fish market will provide a connection between the purchase of retail seafood at the market and the Immediate preparation/consumption of the product at the eatery. ✓ FOOD SERVICE CONSUMPTION - Food and drink consumption may take place In seating areas provided by the eatery or taken and consumed while enjoying/vlsiting the other amenities provided at the site. Illustrative examples of the site include, but are not necessarily limited to, consuming seafood In the common areas of the 1540 Indian River Drive building; eating in areas where visitors can enjoy the view and ambience of the site from the river view decks; or, eating while watching fishing operations from the observation area at the fish house. • ✓ BEER AND WINE SERVICE — The City recognizes that beer and wine consumption may take place at the site and will complement the rustic fishing heritage ambience being 20 • developed. Any such consumption of beer and wine will be In strict conformity with regulations promulgated by the State of Florida, Indian River County and the City of Sebastian. There shall be no liquor service or consumption of liquor at the site. Further, the City acknowledges that, from time to time, the facilities may host educational field trips. At a time when any such educational event hosts minors, beer and wine will not be consumed, dispensed or displayed at the sites before noon. ✓ SEATING CAPACITY — The eatery shall provide no more than six (6) tables. Each table shall not seat more than 4 persons. Tables shall be located in the eatery portion of the facility as identified on the attached site plan. Due to the existing configuration of Hurricane Harbor's previous restaurant set-up, the old bar shag only function as a food service or consumption counter. In addition to the table capacity previously mentioned, there shall be no more than 10 stook at the service counter area. ✓ EXISTING OUTSIDE DECKS AND "TIM BAR" — Eatery delivery service will be limited to the location specifically leased for the food eatery (see attached site plan). Food service shall not be ordered or delivered by wait staff to any other location, such as the common areas, outside deck areas, tlki bar, or fish house observation area. Tables and chairs may be placed on the outside decks and other common areas as shown on the site plan; however, no food service delivery vAll be provided in these areas. ✓ "BAR" AND "RESTAURANT" REFERENCE - All reference to "bar' and "restaurant shall be prohibited. ✓ FRESH FROM FLORIDA MEMBERSHIP — In order to ensure that operations at the retail fish markelfeatery support the Florida commercial fishing industry the proprietor of the marketleatery shall be a member of Fresh from Florida and display Fresh from Florida • materials. ✓ SITE PLAN — Attachment 5 shall serve as the eatery layout ➢ Saeclal Events — From time to time, but not to exceed two (2) times per year, special events may be conducted. The purpose of such event will be to fund raise for Fisherman's Landing Sebastian (FLS) which is a partner in the Waterfront Collaborative and their mission directly supports the commercial fishing industry. All special event revenue generated by such special event will be used to fund capital improvements at the facility and/or pay operating expenses required to manage the working waterfront. At such events, the playing of live music, such as live bands, DJ's or karaoke, may be permitted. In any such case, the special event shall be governed by all requirements of a Temporary Use Permit issued by the City. ➢ Museunr/Educadona/ Forrum -- A limited square footage of the Hurricane Harbor facility will be designated for fishing artifacts to be displayed. Historic pictures and fishing memorabilia will also be displayed throughout the facility to educate visitors about Sebastian's fishing heritage. From time to time, an area in the lower "railed" portion of Hurricane Harbor (see site plan) will be reserved for educational forums. Such forums will provide information to the public about commercial fishing techniques; crab trapifish net/bad assembly; • and, cooking/preparation of seafood and special reoeipts. Through a partnership 21 . - - '14 1- F • with the Florida Department of Agriculture, the theme "tastiest catch" will be marketed to support the commercial fishing industry. Ice Depot — Provision of ice to commercial fishermen will be established at the site in order to assist commercial fishing. Docks -- Commercial dockage available for lease to commercial fishermen, possibly including a fuel facility only for use by fishermen. Operational Acknowledgement The listed operational components of the Waterfront Collaborative are illustrative in nature. City stipulates that the concepts provided herein are the primary goals of the grant. However, this will not necessarily preclude amendments to the Management Plan. The City acknowledges that any amendment requires review and approval by FCT. In such event, the City will provide FCT HO days prior written notice and provide written information for such operational modification. Any such amendment will not be executed without the prior written approval of FCT. Current and Future Demand for the Facilities and Activities The primary customers intended to patronize the Waterfront Collaborative are "day • trippers'- those traveling to the area within a 2 — 3 hour window. They may come from South Florida, the Orlando area, or even Florida's west coast. An estimated 500,000 visitors travel in Florida to see the national estuary (Indian River Lagoon) each year. See Section II — Purpose -- "Priming the Pump" for detailed demographic information. SECTION V. CONCESSIONS AND LEASES Rents/Royalties Collected at the Site The primary activities and revenues collected on site shall conform to the purposes of the Working Waterfront program. Ali fees collected are to be placed in a segregated account and will be used for the upkeep and maintenance of the site. The principal benefit is derived from the preservation and continuation of the fishing heritage, and not losing that heritage to commercial development which has typically happened in other coastal communities. Identify Existing Concessions and Leases Prior to FCT purchase of the site: (a) Hurricane Harbor Site - None existing. (b) Dabrowski/Offshore Marina — Leases exist for commercial boat dockage and • aquaculture operations. In discussions with the Trustees of the Dabrowski parcel, they have indicated that the fishermen do not have formal written leases. 22 17.5 of 305 • Since June 2010, the City has requested FCT recognize and review two lease for the operation and management of this business plan. As of November 1, 2011, FCT has reviewed and provided lease approval guidelines. The City will implement those leases, pending final execution by FCT: (a) Fisherman's Landing Sebastian, Inc, a 501(c)(3) not for profit corporation has been issued a lease for th6 redevelopment and management of 1532 Indian River Drive. (b) Indian River Seafood, Inc. (IRS) — the City has assumed the former FLS sublease with IRS that leases a portion of the Hurricane Harbor facility for the operation of the fish market/eatery. Any other lease proposal, sublease or modification thereto, will be properly vet with FCT for approve prior to the execution of the document. The City will provide FCT 60 day prior written notice and information regarding the operation of any concession and no document will be executed without the prior written approval of FCT. The City acknowledges that any fees collected will be kept in a segregated account with the sole purpose of upkeep and maintenance of the Project Site Submerged Lands Lease and Deed for the Existing Facilities • (a) Hurricane Harbor Site — Has a Deed for the Board of Trustees of the State of Florida for their submerged land (attachment 4). (b) Dabrowski/Oifshore Marina (attachment 4). The City will annually provide a signed affidavit that the submerged land lease Is in compliance with all the terms and conditions of the lease, including but not limited to wet slip certification forms and any fees due for the use of sovereign submerged land within the leased area. SECTION VI. MANAGEMENT NEEDS Management As provided in the previous Section, the City has prepared lease agreements for the execution of the grant management plan. The City reserves the right to form or uphold public/private partnerships that may be or have already been consummated, provided the partnerships are beneficial to advancement of the Florida commercial fishing industry. Any such lease modification or partnership shall require FCT review and approval. Maintenance • The City staff will ensure that either City Staff or the managing partner will: 23 - --- - — -- - — --- —L76 of 305 • 1) Perform regular mowing, pruning of landscaping. 2) Keep the property free of trash, litter and debris. 3) Maintenance of the docks and other facilities that are redeveloped. All maintenance will be conducted either by City Staff (from the Public Works department) or through the FLS partnership. Security The City will ensure that both sites are secure. Additionally, the Sebastian Police Department (SPD) will conduct routine patrols at the site in order to protect against vandalism, theft, etc. The best protection against these types of crime is to operate the facility instead of the property sitting vacant. Currently, the Dabrowski site Is not fenced, and to keep it accessible to the public there are no plans to fence it. Because this site has constant activity from the commercial fisherman, equipment to secure the site is not required at this time. Staffing • The City is not proposing to create any new full time employment positions. The City will work with FLS and the Sebastian Historical Society to provide volunteers to conduct museum activities, similar to the existing staffing for the Sebastian Historical Museum operating next to City Hall. SECTION YII. COST ESTIMATES AND FUNDING SOURCES, Structure and Improvement Since accepting dedication of the properties from FCT, the City has moved forward with repair and management of the grant management plan. As of November 2011, below provides an update on site restoration activities: Hurricane Harbor Site: ITEM Electric Renovations Roof Repair Structural Improvements' Plumbing/Restroom A/C Painting • ADA Modifications Kitchen ORIGINAL BUDGET $60,000.00 75,000.00 30,000.00 20,000.00 20,000.00 5,000.00 2,500.00 ACTUAL BUDGET $29,189.33 17,885.00 53,810.64 11,450.10 1,490.00 19.647.96 24 • Freezers Landscape Conftency Labor Professional 3ervfoes Gmernment PermbMther Contractor Draw 31,133.13 - 2,29721 37.500.00 1,219.00 - 65,990.84 - 1,716.00 - 5,760.90 - 15,000.00 S S TOTAL PROJECT 250,000.00 266,669.01 The funding mechanism for these improvements were the Sebastian CRA. As additional improvement are made, the City will solicit grants and seek other funding mechanisms. Dabrowsid Offshore Marina - See Section IV — Business Activities — Historic Fish House proposal for the reconstruction budget of this facility. The Lease between the City and FLS requires that all marina improvements will be conducted and maintained by FLS. Maintenance Annual costs are estimated at $18,000 per year for insurance, utilities, janitorial, various maintenance, submerged land lease, and other unforeseen items. Maintenance of the docks and raceways will be solely the responsibility of FLS. Security Sebastian Police Department. Staffing To be determined by City and FLS. While there are not any jobs predicted to be created in the first year as part of the program, it should be noted that 13 commercial fishermen rent space at the Dabrowski/Offshore Marina dock, along with five aquaculturists for a total of 18 FTE. Funding Sources The City has a number of funding options, including the Community Redevelopment Agency, Parks/Recreation Impact Fees, and Discretionary Sales Tax. Additionally, the City plans on utilizing private/public partnerships to achieve portions of the project and soliciting grants. The commercial marina currently yields approximately $2,700 in lease fees for boats and aquaculture. These funds will be utilized for maintenance and improvements. 25 178 of 305 • SECTION VIII. SCHEDULE PRIORIT" TIMELINE \:''itp'�5,� lx�eio�.��. ..:1ARr��c+f..w.lc• ��'. ��. '��. 5�.i+1�7I .,�7Y'Y�• �'aY�r A1140 Ammxbd )) + sus , 7*.•: ' . Juw11 To BeARafded Fe1Y10 Jet411 swil -:: - x sool Rltiry x 0&6VAftW 111e�tt�k�As Rf5 Naas Feb-11 X .9Oord _ ��mN�a►: Qum x x r -.# x ,g7dpp,iQ�jrmonnerJ� x X X S1 i,aae T x x x 5 'ts '— ���ndbn Rbror mve x x x seixdtiao:yQa2eisoAveroa� x x x �P' ' clam ua vVdcre' x x sm!\n b 10o i1oa x x relaaso x x Opot�fpoFlRisJe.O�ecat>me x up mm i—l%bt 1 Sppokta Au9-10 ti>amo.I�rloeK►io olse soewo AUQ-10 s *Vim 000qpdlm of w., oevoli=er+ x x X x x x x x X =Reeoeto x x x x x x x x x hooMpleFaoRlsetor-10-P4*dmr x x SEE ATTACHMENT e — MASTER SITE PLAN & PROPOSED IM )ROVEMENTS SECTION IX. MONITORING AND REPORTING The City's Community Development Department will prepare an Annual Stewardship Report, due October 30t' of each year, in order to evaluate the implementation of the Management Plan. • The City will provide documentation that the submerged land lease is in compliance with all the terms and conditions of the lease, including but not limited to wet slip certification 26 179 of 305 forms and any fees due for the use of sovereign submerged land within the leased area. . The City will provide documentation, as part of the annual report that all business permits are current and business fees have been paid. As part of the annual monitoring, the City will require an annual audit of the business activities on site including all revenues and expenses. The City will provide Florida Communities Trust with either the audit report (CAFR) or an executive summery of the audit The City acknowledges that any proposed modification of the Management Plan and/or undertaking any site alterations or physical improvements that are not addressed in the Recipient's approved Management Plan requires prior FCT review and approval. SECTION X. LIST OF ATTACHMENTS 1. Location and Public Lands Map showing the project site and other Working Waterfront facilities and/or business in the area. 2. Future Land Use Map. 3. FLEPCC list of nuisance and exotic species. 4. A copy of the existing Submerged Lands Lease for the Dabrowski property, and the Board of Trustee Deed for Hurricane Harbor Submerged Lands. • 5. 1540 Indian River Drive — Hurricane Harbor Facility — Operational Floor Plan. 6. Master Site Plan and Proposed Improvements. • Compliance letters from DEP. • Copy of the Stan Mayfield Working Waterfront Grant Contract. • Copy of the Declaration of Restrictive Covenants. C7 27 180 of.305 rida Ext: . Pe-st Plaint COLHICH's 09 List invasive Pant Specie:, �rpose of the List: To focus attention on — the adverse effects exotic pest plants have on Florida's biodiversity and plant communities, ► the habitat losses from exotic pest plant infestations, ► the impacts on endangered species via habitat loss and alteration, ► the need to prevent habitat losses through pest -plant management, ► the sodD-economic impacts of these plants (e.g., increased wildfires in certain areas), ► changes in the seriousness of different pest plants over time, ► the need to provide information that helps managers set priorities for control programs. CATEGORY I Invasive exotics that arr altering native plant communities by displacing native species, changing community structures or ecological functions, or hybridizing with natives. ]his definition does not rcty on the economic snrrity orgeographte range of the problem, fret on the documented rcoiogical damage caused FLEPPC Gov. Reg. Scientific Name Common Name Cut. list Disr. Aunts precatorlus rosary pa I N CIS Acacia auriculihvnris earleaf acacia I C. S Alhizia julibrissin n-ditwsa. silk tree 1 N. C Albizia Irbbech woman's tongue 1 C, S Ardisid ornata (A. acnulala misapplied) coral ardisia 1 N, C. S Anfisia elliptira 0, humills misapplied) shoebution ardisist t N C, 5 Asparagus aahloptcus I.A. sprrngcri, asparagus -fern I N, C. 5 A. dendjlft Its misapplied) Bauhinla variegate orchid tree 1 C. S ft-rhafia.favanica bishopwood I C. S • ilophyllum anallanum santa nuns (namcs'mast wood," 1 S alaba and C inophyflum misapplied) 'Alexandrian laurel" used in cultivation) ivarina egaiselifofia Australian -pint, beach sheoak I P. N N. C. S Casuerina glauca suckering Australian -pine, gray sheoak I P, N C, 5 Cinnamomum cunpfuma camphor tree I N, C. S Ctilocasia csmlcnla wild faro I N, C, S Caluhrtna aslalce lather Ieel I N S Cupaniopsis amcardtoida carroiwond 1 N C:, 5 Diuscutta aldia winged )rem I N N, C. S Dimoita bulbijcra air-pntmo T N N. C, 5 Elchhonria crassiprs water-hyachuh t p N. C. S Eugenia unlflom Surinam cherry I C. S Ficus micaxarpa (F ntUdd and laurel fig I C:, S E irtusa var. nilida misapplied)' Hydtillo wrriciliala hydnlle I P. U N, C, S Hygrophila prAysprnna g—n hygro I P. U N, C, S flyrnenaehne amplexicaulls West Indian marsh grass 1 C. 5 )mporuagrmdrha Q. bradllan!s mmppliaD cogon grass 1 N. U N, C. 5 rpomoca aquaLica water -spinach 1 P. t1 C fasminum dicholonium Gold Coast jasmine I C, 5 jasminum f(umItimse Arazilianjssmine I C. S hmtana cement (. L strigtxnmdra) lanlana, shrub verbena T N, C., S Llgusnum lucidum gkrssy privet 1 N, C Llguslrum sintzrse Chinese privet, hedge privet 1 N, C, 5 japrMitca Japanese honeysuckle I N. C, 5 .irera I„ igia peruvfana Pextivian prinuwcwdlow 1 N. C. 5 Luzittla sulAntrgra Tropical American water grass 1 S Lygodlunr japnnictan Japanese climbing fern I N N, C, S Lygodlum microphyflum Old World climbing lern 1 N C, 5 'Does not include ficus microcarpa subsp. fuycrens(s, which Is sold es "Green Island Ficui FLEPPC 2009 List of Invasive Plant Species — Feu 2009 PLLPPC Gov. Reg. Scientific Name Common Name Cat. List Dist. Mucfadyena unbuis-cull cat' cLaw vine I N. C. S Manillutra cupola sapodilla I S Mefaleuca auinefuenervia nielaleuca, paper bark I P. N, U C, S Melmis repem (- Rhynchelytrwn reperu) Natal grass I N. C, S Mimosa pigra catdaw mim053 I P. N. U C, S Nandina domrirtra nandina, heavenly bamboo 1 N, C Ncphrol" cordifnlia sword fern 1 N, C. S Nephrolepis bromift (— N. multlflora) Asian sword rent 1 C. S Ncyraudia teynaudiann Burma reed, cane grass 1 N S Nymphoidn rrisitua stuowdakc I C. S Pacdena cruddtuiana sewer vine, onion vine I N 5 Parderia fortida skunk vine I N N, C. 5 Paniutm rcptns torpedo grass 1 N, C, 5 Prnnisclum purpurrum Napier grass I N, C, S Mstia straflotcs water -lettuce I P N, C, S Psidium caulcianwn (- P Iluorale) strawberry guava I C, 5 Psldium gi(ajava guava I C, S Puuaria inoniuna var. Icbata (- P. lobata) kudzu I N N. C, S Rhodomyr(us tomrntosa downy rose-mynlc I N C. 5 RI vnchelvilum opens (See Melims rerun,) Rucilia brittoniana' Mexican petunia I N, C. S (R. twecdiana misapplied) SulAnlu minima water spangles I N, C. S Snpium srhifrrum (_ lnedica scbifcra) popcorn tree, Chinese tallow ttce I N N, C. S Scaevo!a tacrada scarvola, half -flower, beach naupd(a I N C. 5 (- Scacvolo serifea, S fruimcns) Sdul(iera acrhiophylla schefflera. Queensland umbrella tree I C. 5 (= Brassaia actinophylla) Schiniv; lercbinihi(oltws Brazilian pepper I P, N N, C, S Scklia lacusiris Wnght§ nutrush I C, S Srnna pcndula var glabra(a dimbmg cassia, Christmas cassia. 1 C, S (- Ca.mia cditirtddrs) Ouistmas srnna Solarium fampicerse (- S. houstonu) wetland nightshade, aquatic soda apple N, U C, j Solarium viarum tropical soda apple I N, U N, C, S Syngrmium podnphyllum arrowhead vine 1 N, (1, S Sy;,vg!um ("milli jambolan plum Java plum I C, S Trc(aria incise incised hr,ihcrd ICrn I S Titcsjomia populnui seaside mahoc I C. S Tradescan(ia flimsinauis small -leaf spiderwort 1 N. C Uroth!cut mums (- Brochinriu mutim) Pura grass I C. S CATEGORY I1 Invasive exotics that have increased in abundance or frequency but have not yet altered Honda plant communities io the extent shown by Catcgon I species. These sprdo may ! rcornc ranked Coicgmy f, If e(oing(ral damage is ricmanstraied FLEPPC Gov. Rcg. Scientific Name Common Name Cat. List Dist Adcnaalhrra pavon.ina red sandalwood Il S Agave sisalana sisal hemp II C, S Alruritts fordii (. Vernicin fordit) tung oil tree II N, C Alsionfa mwwphyliu devil tier II S Aliernan(hera philnxeroLdes alligator weed II P N, C. S Antigonon leptopus coral vine it N, C. S Ari.011rxhia liuriralis calico flower Il N. C. S As}xiasiagangcdcu Ganges primrose 11 C, S 'The runt List Carnnirtles Is un_ertain as to the coned name for this species. Plants cultivated in Fkaids, all represent no the same invasive species, have in the pest been retorted to as Hveam brrrtoniane, H Avredisna, R. ceendea, and R. simplex. FLEFPC 2009 List of Invasive Plant Species — Fall 2009 184 of-305 - 11EPPC Gov. Reg. Scientific Name Common Name Cat. List Dist. Begonia rurullatu wax begonia 11 N. C, S Bic(hmn pyiamutalum grcul shrimp plant. Bmwne s blechum 11 N. C, 5 BmussowIla papytifera palxr mulberry 11 N, C. S inch plant, spinmcma 11 C. S •7isialragrans disirmnn vintinalis hotilrbrusll, weeping, boulehrush it S Casuarina cunninghanriana riser sheoak, Austrahan-pine 11 P C. S Cccropin pabnatn trumpcl free II S Crstrum diunium day jessamine 11 C. S Chciniotdoria se fiizii bamboo pall 11 5 Clematis fens flara Japanese clematis If N, C Crypimfegia madagauadcrisLs rubber vine iI C, S Cvperus involuumus umbrella plant !t C, S (C ahernifolius misapplied) cyperus ptdtfcr dwarf papyrus II C. S Dauylocrmium acgvpfium Durban crowfootgrass II N. C. S Dulbc%ria sissoo Indian rosewood, sissoo If C. 5 Efacrignto umbdiara Si)verberry. auwmn olive [L N Elaeagnus pungcns silverthom. thorny olive ll N. C Fpiprrmnum pinnatunt cv. Aureum poihos II C. S Ficus allLcdma false banyan, council tree Il S Flacowlia Indira grnernor's plum 11 S Hrmnrthria altlssima limpo grass II C, S Hibisr us tilimeiii (Sec Taliparitt liliaccum) Hypa'nccnia tufa iaragua ll N. C. S 1pomcm ramca ssp. fsmkua (-1. ftstulosa) shrub morning-glory 11 P C. 5 jasntinum samlhtc Arabian jasmine 1[ S i nianchoc pinnate iL plant !1 C. S 0. brulrria rl(-.gans ssp fnrmusana namcgold trcc II C. 5 K forrno.:ara; K. panindaw misapplied) Lcucarna lcucoccphalu lead tree 11 N N, C, 5 inndultia punclata (= Spimdela punctaut) Spoiled duckweed II N. C, 5 litrmophila sessilii lore Asian marshwee:d it P. U N. C. S Llviswna chine psis Chinese fan palm 11 C. S Mrlia azrdarath Chinaberry II N. C, 5 Melinis minutiara M0Usscsg;.,,% Il C,S Mertrmla tubcnsa woad -rose it S Munava paniculaw orange -jessamine 11 S M,vriophyilurr, spicuurm Eurasian wa'.cr-mdfuil 11 P N, C. S Panhuni MIIAtnum (=thorhfmr maxima, Guinca grass II N. C, S Megadtyisus ntudmus) Passiflora bl/loia two -flowered passion vine II S Prnni.scluni sclacrum gncn fountain grass ll S Phoenix rctlinaw Scncgul date palm II C. S Phvllastachvs ourca golden bamboo II N. C Pitlasporum penlandrum Philippine pitiosporuni. Taiwanese checst:wcod II S Plebs siftala Chinese brake Tern it N. C. S Pn,chosprtnut drgans solitaire palm Il S Rhoro spathacca (sec liradcscanlia spathaeea) Kinus tommunis castor bean 11 N. C, S Rniala roumdifnlia roundlcaf tnothrup. dwarl Roiala II S "Irtin hyadnlholdes bowstring lump 11 C, 5 *ankipunirra purple scsban, raillcbox l l N, C, S Splanum diphrflum two-lcuf nightshade 11 N, C, S 501011uni famaicuue Jamaica nightshade I1 C 50e11111m lurvurn susumhrr, turkey berry Il N. U N, C. S FLEPPC 2009 List of Invasive Plant Species - Fall 2009 FLEPPC Gov Rea. Scientific Name Common Name Cat. List Dist. Slrhagnrtico?a tidobito (- Weddia uilobaia) wedelia it N. C, S 5tadryiatphria myennemLr (- S. unklJtrlla) nettle -leaf poncrwccd I I S Syagrus romanzoj(tmta qurcn palm 11 C. S t- Arecastrurn rutnanzojf"wnum) 7allpariti tihacrum (- Hibiscus ethacetes) mahoc. sea hibiscus 11 C. 5 Tri minalla catappa tropical -almond II C. S Ternunalla truelli•ri Australian -almond 11 C, 5 7iadeseantia spolhacea oyster plant 11 S (= Rhoro spatharra, Rhoco discolor) 2hbuhts rut.lidcs puncture vine, burr -nut 11 N, C, S Urrna fobaia Caesar's weed II N. C, S Viltx trifolia simple -)cal chaste tree 11 C. 5 Washingiorua robusia Washington fan palm it C, S Ucdcha (see Sphagnctkola above) Wisteria sfncrLsb Chinese wisteria II N. C Xanthosoma sagitnfolium tnalanga, elephant car 11 N, C, S Citation example: FLEPPC. 2009. List of invasive Plant Species. Florida (antic Pest Plant Council. Internet: htipl/www.fleppcnrgAist/list. him or Wildland Accds'r'o'.. 12(4): 13-16. Fall 2009. The 2009 list was prepared by the r7 EPPC Plant List Committee: Keith A. Bradley - Chair (2006-prescm), The institute for Regional Conservation, 22601 SW 152"° Avc., Miami. FL 33170. (305) 247-6547, bta:IlryCreglonalconscIva Linn. are, Janice A. Duqucsnel. Florida Park Srrvicc. Florida Department of Environmental Pmtcetion, P.U. Box 1052, Lslanwrada, FL 33036 , (305) 664-6455. Janlce.Duquesne]Cdepstale.(l.us Dasid W. Hall, Prismtc Consulting lttaanist, 3666 NW 1311 Place. Gainesville FL 32605. (352) 375-1370 Roger L. Hammer, Mi;mti-Dade Parks Dep..rtcnetu, Castellow Hnnimock Nature Center. 223015 W. 162- Ave . Miami, FL 33030. kas kazi449comcasi. nrt Patricia L. Howell, Browned Co.uuy Parks, Environmental Section, 950 NW 38• St.. Oakland Park, FL 33309. (954) 357-6137, phowellCtibroward.org Colette C. )acono, Department of Agronomy. Crmct for Aquatic 61 1rivasivc Fluuts, iFAS. Unis•ersity of Florida. 7922 NW 71' St., Gainesville, FL 32653, (352) 392-6894. coletie @ufl.edu Kenneth A. Langeland, Center leer Aquatir and Imasivc I'hmis, IFAS, University of Florida, 7922 NW 71' St., GamrsvIc, FL 32606, (352) 392-9614, gator89ufl.edu Chris Lockhart, Florida Natural Aims lnvcntuiy, c/o P.O. Box 243116. Boynton Reach. FI 33424-3116. (850) 509-0482, clockhan ens fnai.org Gil Nelson, Gil Nelson Assocnics. 157 Leonard's Dr., Thomasville GA 31792. gilogifnclson.com Robert W. Pemberton, Imasivc Phnts Rest -itch Lab, U S. Dept of Agriculture, 3225 College Ave , Ft. Lauderdale FL 33312, Robert. Pembenon@a rs. usdo.gov Jimi L. Sadlc. Everg'adcs National Park. 40001 State Road 933b, I lomestrad• FL 33034; (305) 242.7806, Jimi- Saeilc47t nps.gov Robert W. Simons, 1122 SW I I"' Ave.. Gainesville, FL 32001-7816 Sandra M. Vardaman, Alachua County Forever Land Conservation Program, Ahchua Couniy Environmental Protection Dept- 201 SE 2'-' Avc- Suite 201. Gainesville, Florida 32601. (352) 264.6803. smsardaman@aL-chuacotmtyus Daniel B. Ward. Department of Botany. University of Florida, 220 Bartfam Hall, Gamcsvdlc. FL 32b11 Richard P. Wunderlin Institute for Syurmatic Botany, Dept of 14ol0gical Sciences, University of South Flnrkla• Tampa, FL 33620 (813) 971.1359. rwandcr9Jcas usfedu FLEPPC Database - The Florida U00C Pest Plant Database contains over 75,000 sight records of infestations of FLl_PPC Cniegory I anti Category 11 spi-cirs In Florida public lands and waters. 2) l species are recorded. Nearly all of the records arc from local, state, and federal parks tend preserves: it few records document infestations in regularly disturbed public lands such as highways or utility rights -of -way. Natural area mangers and other veteran observers of Florida's natural landscapes submit these records, with many supported further by voucher specimens housed in local cr regional herbaria for future rrlcrentx and verification. New and updated observations can be submitted online at wsvw'.eddmaps.orglflori d:✓ This database, along with other plane -data rrsnurces such as the University of South Florida Atlas of Florida Vascular Plants at w•ww•.piantatlas.usLcdu, the Florid„ Natural Areas inventory database at www.fnal org, and The Institute for Regional Conservation Floristic Inventory of South Florida database at w-wm,.rrgionaiccxsen:itioii.org, provides important basic supporting iniormation for the FLEPPC: List of Invasive Plant Species. images and/or distributional data of FLEPPC-listed species may be found at one or more of the following websites. University of Snuth Flnritla Atlas of llunda Vascular Plants. vcnvw.planiatbas.usl.edu: the University of Florida I lerharimn collection catalog, hitp://wmw.mmnh.un.cdu/hcrbarlumk•at/. and image gallery, hop://www ninnh-un.edtt/herbarium/a;d imagesearch asp-. at Fairchild -1 tropical Hotumc Garden•, Virtual Herbarium, www.virtualherlrjrtum.or6t/vhpcutal.html. The Robert K Godfrey Herbarium at Florida State University, http://Iierbariuinbio.(su.edttlnndcu.php; the University of P;orida's 1FA5 Center for Aquatic and invasive Plants, hope/plants ifas.ufl.edu, and the USDA PLANTS database, hupl/ pianis.usda.gov/. Please note that greater success and accuracy in searching for plant images is lilxly if you search by scienlific name rather than a Common name. Common names often vary in cultivation and across regions. For additional information on plants inc)uded in this list, see related links and pages at ww•w.nepPc.org. FLEPPC 2r309 list of Invesive Plant Species - Fall 2009 186 of 3ff5— -- • This Instrument Prelm-ed By: Revenue Section Bureau of Public Land Administration 3900 Commonwealth Boulevard Mail Station No.125 Tallahassee, Florida 32399 Attachment 4 -- Current Submerged Land Lease For Dabrowski property 2086M THIS DOCUMENT HAS BEEN RECORDED IN THE PUBJC RECORDS OF INDIAN RIVER COUNTY FL SK 2441 PG:582. Pagel of 15 OSM12DI O at 12:01 PM. JEFFREY K BARTON, CLERK OF COURT BOARD OF TRUSTEES OF TM 1 N ERNAL R"ROVEMEDTf TRUST FUND OF THE STATE OF FLORIDA SOVEMG TY SUBMfiRGED LANDS LEASE RENEWAL MODIFICATION TO INCREASE SQUARE FOOTAGE AND REFLECT CHANGE IN OWNERS]UP BOT FILE NO.: 310006484 PA NO.: THIS LEASE is hereby issued by the Board of Trustees of the Internal Improvement Trost Fund of the State of •Florida, hereinafter referred to as the Lessor. WTYNESSETH: That for and in consideration of payment of the annual lease fees hereinafter provided and the faithfid and timely performance of and compliance with all terms and conditions stated herein, the Lessor does hereby lease to the Citv of Sebastian. Florida, hereinafter referred to as the Lessee, the sovereignty lands desml)od as follows: A parcel of sovereignty submerged land in Section .P& Township 3tSo i Range 399 in the Indian River, Indian River County, containing 20.855 square feet, more or less, as is more particularly described and shown on Attachment A, dated June 4.2010. TO HAVE THE USE OF the hereinabove de= -bed premises from June 28.2010, the effective data of this modified lease renewal, through A.uuM 1 S. 20141 the expiration date of this modified lease renewal. The tens and coaditions on and for which this modified leasd renewal is granted are as follows: 1. USE OF PROPERTY: The Lessee is hereby authorized to construct and operate a 13-aD commercial docking facility and non -water kmideat building Anxt= exclusively to be used for moorinz fidkg and, in conjunction with an upland customer pgddng lot for rrladna, i fitelhrg facilities, yyfth a sewage pumpout facility if it meets the regulatory requirements of the Stato of Florida Department of Environmental Protection a State of Florida Department of Health, whichever agency has Jurisdiction, and yd1ha liveaboards as defined in paragraph 29, as shown and conditioned in 4rttachment A. All of the foregoing subject to the remaining conditions of this lease. 2. LEASE EEM* The Lessee Hereby agrees to pay to the Lessor an initial annual lease fee for the expanded area QM square feet) of $_40.1 L plus 25 percent suuchmge and sales tax pursuant to Section 212.031, Florida Statutes, if applicable, within 30 days of receipt of this fully executed modified lease. The annual fee for the remaining years of this lease for the entire lease area (20.855 square feet) shall be Ousted pursuant to provisions of Rule 19-21.011, Florida Administrative Code. The State of Florida Department of Environmental Protection, Division of State Lauds (the "Division") will notify the Lessee in 1217 -f 2 9: • 3. WET SLT RENTAL CERTMCAT10N/SUPPLEMENTAL PAYMENT: (A) She Lessee Shan provide upon request by the Lesser any and all information in a certified form needed to calculate the lease fee specified in paragraph two (2) above, including the income, as -defined in subsection 18-21.003(31), Florida Administrative Code, derived directly or indirectly from the use of sovereignty submerged lands on an annual basis. When six percent (6%) of said annual income exceeds the base fee or minimum annual fee established pursuant to Rule 18-21.011, Florida Administrative Code, for any lease year during the team of this lease, the Lessor shall send the Lessee a supplemental invoice for the difference in the amounts for that lease year. (B) The instrument or agreement used by the Lessee to tramsfer or assign the right to use a wet slip at the leased docking &cllity to a third party shall include a provision that clearly notifies the wet slip rentertuser/holder that if the wet slip renter/user/holder subsequently transfers his right to use said wet slip to another party, the instrument or agreement used to transfer said wet slip shall contain a provision that requires six percent (6%) of the annual gross income derived from said instrument or agreement for the use of said wet slip be paid to the Lessee who, upon receipt, shall report and transmit said amount to the 14 mr. The instrument or agreement used by the Lessee to transfer a wet slip shall also include a provision that clearly notifies the wet slip remter/irser/holder that no interest in said wet slip may be further trmsfemed unless a substantially similar provision to the one contained in the preceding sentence is placed in each succeeding indent or agreement used to transfer said wet slip to each new wet slip rentertuserlhplder. 4. LAD FEE ASSESSMI3N' , The Lessee shall pay a late payment assessment for lease fees or other charges due under this lease which are not paid within 30 days after the due date. This assessment shall be computed at the rate of twelve percent (121/*) per amnrm, calculated on a daily basis for every day the payment is late. S. EXANgNA77ON OF LBS.W'S RF.CQRIM- For purposes of this lease, the Lessor is hereby spebifically authorized and empowered to examine, for the term of this lease including any extensions thereto plus three (3) additional ears, at all reasonable hours, the books, records, contracts, and other documents confirming and pertaining to the computation of annual lease payments as specified in paragraph two (2) above. 6. DANCE OF LASES' OE = The Lessee shall maintain separate accounting records for. 0 the gross revenue derived directly from the use of the leased premises, (ii) the gross revenue derived incilrectly from the use of the leased premises. and (iii) all other gross revenue derived from the Lessee's operations on the riparian upland property The Lessee shall secure, maintain and keep all records for the entire term of this lease phis three (3) additional years. This period shall be extended for an additional two (2) years upon request for examination of all records and accounts for lam verification purposes by the Lessor. 7. A.GREF.d►+I%M TO j ENT OF USE: This lease is given to the Lessee to use or occupy the leased premises only for those activities specified hmein. The Lessee shall not (i) change or add to the approved use of the leased premises as defined herein (e.g,, from commercial to meld -family residential, from temporary mooring to rental of wet slips, from rental of wet slips to contractual agreement with third party for docking of guise ships, from rental of recreational pleasure craft to rental or temporary mooring of charterhour boats, from loading/offloading commercial to rental of wet slips, etc.), (i) change activities in any mariner that may have an environmental impact that was not considered in the original authorization or regulatory permit; or ('iii) change the type of use of the riparian uplands or as permitted by the Lessee's interest in the ripariap upland property that is more particularly described in Attachment A without first obtaining a regulatory permitlmodifled permit, if applicable, the Lessor's written authorization in the form of a modified lease, the payment of additional fees, if applicable, and, if applicable, the removal of any structures which may no longer qualify for authorization under the modified lease. 8. ��TY RIGHTS. The Lessee shall make no claim of title or interest to said lands hereinbefore described by reason of the occupancy or use thereof, and all title and interest to said land hereinbefore descrbed is vested in the Lessor. The lessee is prohibited from including, or making any claim that purports to inchrde, said lands described or the Lessee's leasehold interest in said lands into any form of private ownership, including but not limited to any form of condominium or Waparative Ownership. The LOW is farther prolubod from making any claim, including any advatisement, that said land, r the use thereof may be purchased, sold, or re -sold. - - - - -------T$y-o-= . C 9. OnERRT iN RIPARIAN UPLAND PROPERTY: During the term of this lease, the Lessee shall maintain the interest in the riparian upland property that is more particularly described in Attachment P and by reference made a part hereof together with the riparian rights appurtenant thereto, and if such interest is to minted, the lease may be ., ... at the option of the Lessor. Prior to sale and/or teambatkm of the Lessee's b oerest in the riparian upland property, the Lessee shall inform any pountial buyer or trartsferee of the Lessee's interest in the riparian upland property and the existence of this lease and all its terms and conditions and shall complete and execute and documents required by the Lessor to effect an assigmnent of this lease, if consented to by the Lww. Failure to do so will not relieve the Lessee from, :,,r ,( ility fai fall compliance with the terms and conditions of this lease which include, but are not limited to, payment of all fees and/or penalty assessments incurred prior to such act I0. ASSIGNMENT OF LEASE: This lease shall not be assigned or otherwise transferred without prior written consent of the Lessor or its duly authorized agent. Such assignment or otior transfer shall be subjoat to the terms, conditions and ,, 6 . of this lease, current management standards and applicable laws, rules and regulations in effect at that time. Any assignment or other transfer without prior written consent of the Lessor shall be null and void and without legal effect 11. INDBMMFICATlON/INVESTIOATION OF ALL CLAIMS: The Lessee shall investigate all claims of every nature at its expense. Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees and agents thereoL Nothing herein shall be construed as an indemnity or a waiver of sovereign immunity enjoyed by any party hereto, as provided in Section 768.28, Florida Statutes, as amended from time to tine, or any other law providing limitations on claims. 12. V lessee waives venue as to any litigation arising from matters relating to this lease and any such �tigation between Lessor and lessee shall be initiated and maintained only In Leon County, Florida. 13. NDTICEi.4/COMPI.IANCPIXB-RMINATION: The Lessee binds itself; its successors and assigns, to abide by the provisions and conditions herein set forth, and said provisions end conditions shall be deemed of the lessee, its successors and assigns. In the event the Lessee fails or refuses to comply with the provisions and conditions herein set florib, or in the event the Lessee violates any of the provisions and conditions herein set forth, and the Lessee fhfls or re8ises to comply with any of said provisions or conditions within twenty (20) days of receipt of the Lessor's notice to correct, this lease may be terminated by the Lessor upon thirty (30) days written notice to the lessee. If canceled, all of the above -described parcel of lend shall revert to the Lessor. All costs and attorneys' fees inmi red by the Lessor to enforce the provisions of this lease shall be paid by the Lessee. All notices required to be given to the Lessee by this lease or applicable law or administrative iules shall be sufficient if sent by U.S. Mail to the following address: City of Sebastian, Florida Sebastian City Hall 1223 Main Street Sebastian, Florida 32958 The Lessee shall notify the Lessor by certified mat of any change to this address at least ten (10) days before the change is effective. 14. TAXES AND ASSEMMENTSo The Lessee shall assume all responsibility for liabilities that accrue to the subject property or to the Improvements thereon, Including any and all drainage or special assessments or taxes of every kind and description which arc now or may be hereafter lawfaliy assessed and levied against the subject property during the effective period of this lease. 15. NUISANCES OR ILLEGAL OM94TIONS: The Lessee shall not permit the leased premises or any part AMIglersof to be used or occupied for any purpose or business other than herein specified unless each proposed use and occupancy 1e consented to by the Lessor and the lease is modified accordingly, nor shall Lessee knowingly permit or suffer any nuisances or illegal operations of any kind on the leased premises. 16. 3WANCE, OF FACILITY /RIGHT TO INSPECT: The Lessee shall maintain the leased premises in good condition, keeping the structures and equipment located thereon in a good state ofrepair in the interests ofpublic health, safety and welfare. No dock or pier shall be constructed in any mariner that would cause harm to w➢idliflo. The leased rtrnrniewe shall ha anhiort M iners"nn by 010 r wmnr nr {to A.o;onOtOA coon of onus r.00nwout. #;—. lay or sun 17. NON-DISCRIMINATION: The Lessee shall not discrhainate against any individual because of that individual's race, color, religion, sex, national origin, age, handicap, or marital status with respect to any activity occurring within the area subject to ties lease or upon lands adjacent to and used as an adjunct of the leased area. During the lease term, the Lessee shall post and maintain the placard furnished to the Lessee by the Lessor in a prominent and visible location on the leased premises or adjacent business office of the Lessee. It shall be the responsibility of the Lessee to post the placard in a manner which will provide protection from the elements, and, in the event that said placard becomes illegible at any time during the term of this lease (including any extensions thereof), to notify the Lessor in writing, so that a replacement may be provided. 18. ENFORC EMP9 OF PROVISIONS,No failure, or successive failures, on the part of the Lessor to enforce any provision, nor any waiver or successive waivers on its part of any provision herein, shall operate as a discharge thereof or render the same inoperative or impair the right of the Lessor to enforce the same upon any renewal thereof or in the event of subsequent breach or breaches. 19. PFsRMISSION GRAMME Upon expiration or cancellation of this lease all permission granted hereunder shall cease and terminate. 20. RENEWAL PROVISIONS: Renewal of this Iesse shall be at the sole option of the Lessor. Such r wal shall be subject to the terms, conditions and provisions of management standards and applicable laws, rules and regulations in effect at that time. In the event that Lessee is in dill compliance with the terms of this lease, the Lessee may apply in writing for a renewal. Such application for renewal must be received by Lessor no sooner than 120 days and no later than 30 days prior to the expiration date of the original or current term hereof. The term of any renewal granted by the Lessor shall commence on the last day of the jarevious lease term. If the Lessee fails to timely apply for a renewal, or in the event the Lessor does not grant a renewal, the sli-ssee shall vacate the leased premises and remove all structures and equipment occupying and erected thereon at its expense. The obligation to remove all structures authorized herein ripen termination of this lease shall constitute an affirmative covenant upon the Lessee's interest in the riparian upland property more particularly described in Attachment $ which shall run with the title to the Lessee's interest in said riparian upland property and sball be binding upon Lessee and Lessee's successors in title or successors fin inter+ex 21. REMOVAL OF STRUCTURMADN[l]NISTRATIVE FINES: If the Lessee does not remove said structures and equipment occupying and erected upon the leased premises after expiration or cancellation of this lease; such structures and equipment will be deemed forfeited to the Lessor, and the Lessor may authorize removal and may sell such forfeited structures and equipment after ten (10) days written notice by certified mall addressed to the Lessee at the address specified in Paragraph 13 or at such address on record as provided to the Lessor by the Lessee. However, such remedy shall be in addition to all other remedies available to the lessor under applicable laws, rules and regulations including the right to compel removal of all structures and the right to impose administrative fines. 22. REMOVAL COSTS/LIEN ON RIPARIAN UP�AM PROPERTY: Subject to the noticing provisions of Paragraph 21 of this lease, any costs incurred by the Lessor in removal of any structures and equipment constructed or maintained on state lands shall be paid by Lessee and any unpaid costs and expenses shall constitute a lien upon the Lessee's interest in the riparian upland property that is more particularly described In Attachment A-. This lien on the Lessee's interest in the riparian upland property shall be enforceable in summary proceedings as provided by law. 23. RECORDATION Of TEASE. The Lessee, at its own expense, shall record this fully exectrted lease in its entirety in the public records of the county within which the lease site is located within AmUm (14) days after receipt, and shall provide to the Lessor within ten (10) days following the recordation a copy of the recorded lease in its entirety which contains the O.R. Book and pages at which the lease is recorded. 24. RIPARIAN RIGHTS/FINAL ADJUDICATION: In the event that any part of ahy structure authorized hereunder determined by a final adjudication issued by a court of competent jurisdiction to enach on or interfere with adjacent Wicro parian rights, Lessee agrees to either obtain wrltien consent fbr the offending structure from the affected riparian owner or to remove the interfimce or encroachment within 60 days from the date of the adjudication. Failure to comply with this paragraph shall constitute a material breach of this lease agreement and shall be grounds nds forimmediate termination of this lease agreement at the option of the Lessor. Igo Ol SUJ 0 25. AMENDMOgM MODWICATIONS: This lease is the entire and only agreement between the parties. Its provisions are not severable. Any amendment or modification to this lease must be in writing must be accepted, aclowwkdged and executed by the Lessee and Lessor, and must comply with the rules and statutes in existence at the time of the execution of the modification or amendment Notwithstanding the provisions of this paragraph, if mooring is authorized by this lease, the Lessee may install boatlifta formal within the leased premises without modification of the lease provided that (a) the Lessee obtains any state or local regulatory permit that may be required; and (b) the location or size of the lift does not increase the mooring capacity of the docking facility. 26. ADVERTISI3MENT/SIGNS/NON-`GVATER DEPENDENT ACTTVIT1fiS/ADDITIONAL ACTMTIESO�NOR STRUCTURAL REPAIRS: No permanent or temporary signs directed to the boating public advertising the sale of alcoholic beverages shall be erected or placed within the leased premises. No restaurant or dining acdvities are to occur within the leased premises. The Lessee shall orisons that no permanent, temporary or floating strut4i=, fences, docks, pilings or any structures whose use is not water -dependent shall be erected or conducted over sovereignty submerged lands without prior written consent from the Lessor. No additional struchnes and/or activities including dredging, relocationtrealignment or major repairs or renovations to authorized struct u e% shall be erected or conducted on or over sovereignty, submerged lands without prior written consent from the Lessor. Unless specifically authorized in writing by the Lessor, such activities or structures shall be considered unauthorized and a violation of Chapter 253, Florida Statutes, and shall subject the Lessee to administrative fines under Chapter 18-14, Florida Administrative Code. This condition does not apply to minor structural repairs required to maintain the authorized structures in a good state ofrepair in the intertsts of public health, safety or welfare; provided, however, that such activities shall not exceed the activities authorized by this lease. 27. ACOE AUTHORIZADON• Prior to commencement of construction and/or activities authorized herein, the • Lessee shall obtain the U.S. Army Corps of Engineers (ACOE) permit if it is required by the ACOE. Any modifications to the construction and/or activities authorized herein that may be required by the ACOE shall require consideration by and the prior written approval of the Lessor prior to the commencement of construction and/or any activities on sovereign, submerged lands. 28. COMPLIANCE WITH FLO� LAWS: On or in conjunction with the use of the leased premises, the Lessee shall at all times comply with all Florida Statutes and all administrative rules promulgated thereunder. Any unlawful activity which occurs on the leased premises or in conjunction with the use of the leased premises shall be grounds for the termination of this lease by the Lessor. 29. L BOARDS: The term "liveaboard" is defiingd as a vessel docked at the facility and inhabited by a person or persons for any five (5) consecutive days or a total often (10) days within a thirty (30) day period. If liveaboards are authorized by paragraph one (1) of this lease, in no event shall such "liveaboard" status exceed six (6) months within any twelvc(12) month period, nor shall any such vessel constitute a legal or primary residence. 30. GAMBLING VESSELS: During the term of this lease and any renewals, extensions, modifications or assignments thereof, Lessee shall prohibit the operation of or entry onto the leased premises of gambling cruise ships, or vessels that are used principally for the purpose of gambling, when these vessels are engaged in "cruises to nowhere," when the ships leave and return to the state of Florida without an intervening stop within another state or foreign country or waters within the jurisdiction of another state or foreign country, and any watercraft used to carry passengers to and from such gambling cruise ships. 31. SPEC I kL LEASE CONDITIONS: A. Unless authorized in writing by the Lessor, the Lessee shall not rebuild or restore the non -water dependent structures included in this lease if 50 percent or more of the area encompassed by a structure is destroyed or if use of a structure has been discontinued and 50 percent or more of the area encompassed by a structure must be replaced in order to •restore the structure to a safely useable condition. In addition, the use of the non -water dependent structures included In this lease shall not be converted to a new use except as authorized in writing by the Lessor. B. Within 60 days after the Lessor's execution of this lease, Lessee shall install and display permanent manatee educational signs that provide information on the mannerisms of manatees and the potential threat to this endangered species from boat operation. Lessee shall maintain these signs during the term of this lease and all subsequent renewal periods and shall be required to replace the signs in the event they become faded, damaged or outdated Lessee shall ensure that the view -ea.. -...._. s. _,....ti..._ ... a b.............aa.. — �.� 'M....... U— ..... —.4 .- a. _. 9— :_..._»-a.. 'r.s.......—. -9 11 BOARD OF TRUSTEES OF THE RiTERNAL RdMOMIENP TRUST, FUND OF THE STATE OF FLORIDA Ma) BY: Je tioas end Consultant Manager, Bureau of Public Land Ammon, Division of State Lands, State of Florida Department of Envin==W Protection, as agent for and on behalf of the Board of Tntst m of the Internal Improvement Trust Fund of the State ofFlorida "LESSOR" STATE OF FLORIDA COUNTY OF LEON The &npmg instrument was acimowlodged before me this L day of Vi , 20tO , by Jeffery M. Gentry Otrions and Manaseiaent Consultant Maness, H n of Public dminisiration. Division of State Lids. State of Flml eat of Environmental Protectim as and on of the Bowd otTnmtm of the Internal t Tsust Fund of ft State of Florida, He is y m� APPRO AS RM A N Pu ofFkrida •DEP A ar Printod, Typed or , C" of PAW40 My Commission `' w•, t°,76°2 Commim�rialNo. chy oLsom tiara_ Florida (SEAL) AOrr ' io&jm Sa1l.A. Maio, City Cletk Original of Authority ' ted Nam of V&ess-iobert A. Ginsburg Typeditiated Name of IlSaec it ng AWharlty Manor Saga im Title of Executing Authority atz h-y� TypmVfttftd Wain of witness "LESSEE" • STATE OF Florida COUNTY OF IrAlm River The foregoing Instrument was acbwwledged befom me this -Uth day of Au mat: 20 Richard $ C3itlLnoor as MUM for and cm behalf of the QV Uf &bpgh& F1 He is pmsaaally known to mew WW-has predueed ,as- i72 Boundary Survey. forSubmerged Land Lease at Dabrowski ,Marina Indian ,giver County, F'larida Not Va11d Wlfhout•AH Sheets R/W RIGHT—OF—WAY No. NUMBER R RADIUS L LENGTH CH CHORD DISTANCE C19 CHORD BEAR(M; PSM PROFESSIONAL SURVEYOR AND MAPPER d DELTA N NORTH S SOUTH E EAST W weST P.O.0 POINT OF COMMENCEMENT P.O.B. POINT OF BEGINNING NAVD NORTH AMERICAN VERTICAL DATUM LB LICENSED BUSINESS FDEP FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTEC110M PB PLAT BOOK PG PAGE SO. FT. SQUARE FEET j ML DESGR 19 FOR jM=GED LEASE AREA A PARCEL OF LAND LYING IN SECTION 6. T0*VSHIP 31 SOUTH. RANGE 39 EAST INDIAN fb R COUNTY, FLORIDA. AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMtNCING AT A NAIL do USK•STAMOM NZ AT A(E INTERSECTION OF THE NORTH LINE OF PARCEL OF LAND AS DESCRIBED IN OFRCIAL RECORDS BOOK 564, PAGE 596, PUBLIC RECORDS OF INDIAN RIVER COUNTY FLORIDA AND THE EAST RIGHT —'OF —WAY LINE OF MAN RIVER DRIVE: THENCE S25 39'00"E 182.97 FEET TO AN IRON ROD & CAP STAMPED L8 4644. AT THE SOUTH UNE OF MIDOUTON'S SUBDIVISION PER PiAT BOOK 1. PAGE 56 PUBLIC RECORDS OF INDIAN RIVEff COUNTY, AORIDA; THE1ViX S88'17'26 E ALONG 'WE SAID SOUTH LINE OF MIDDELTON'S SUDNMON 116.14 FEET TO THE MEAN HIGH WATER OF THE INDIAN JVVM THENCE ALONG THE SAID MEAN HIGH WATER THE FOLLOiWNG CALLS; THENCE N07150'15'E. S2.64 FEET; THENCE N13K36'13'W, •15.89 FEET; IHEWCE N0274'55"E; 42$6 FEET,• THENCE N2134421; 14.69 FErr To THE POINT OF BE=NWQ THENCE CONANUING ALONG.SAID MEAN HIGH WATER N2831'48"W, 13.04 FEET; THENCE LE4WNG SAID MEAN HIGH WATER N6910447" F, 3Z41 FEET, THENCE N2119'47'W, 120.07 FEET, THENCE N'64-59'24E, 122.46 FEET, • THENCE N673i58"E, 51.12 FEET,' THENCE S2111'23'E. 43.03 FEET' THENCE S22106'09"E; 47.14 FEET, TH04CE S2339'341E. 43L70 FEET; THENCE S68 41'41 *W . 77.52 ' FLET• THENCE S25`05'08'E: Z35 ITEM. JNENCE S6753'24'W. 22.27 FEET. THENCE S2438'54"E 3.63 FEET, THWCE S67W 22'W, 8.7.00 FEET BAOK Tb THE PONT af BEGINNING,: CCNTAINWC 0.46 ACRES (20054.71 SO. FT:) MORE OR LESS o 7 Dram by= Chechid by Fite nai Sheet ' CJG ' BHT 6403 Mafte&,r tT�vler, ,reed �P.?Aylvr, Irr� �� •.G1iV.iJ.fflRY.�PD�BL�I1V8£f'1d146d4 � . 1655 27th Street. Suite 2 Vero Beach, .Florida 3296Q Phone: (772) 564,-8050 Fax! (772) 794-0647 ) N i74 vi �v.i • Boundary Survey for Submerged Land Lease at Dabrow'ski• Marina Indian ,River County, Florida • Not Vdid t Xteut All Sheets RA'GM Or SURVEY.- - -TYPE OF SURVEY: BOUNDARY (TNS IS A f1£LO SURVEY) .SURVEYOR IN RESPONSIBLE CHARGE: DAND TAYLOR P.S.M. 5243 •MASTELLER. MOLER. REED a. TAILOR INC. CERTIFICATE OF AUTHQRIZAAON L.B. 4644 1655 171H STi r. SUITE Z VERO BEACH. FLORIDA 32960 POKE (772) 584-BOW • THIS SURVEY AND REPORT IS NOT VAUD PMOUT THE S CHATURE AND THE ORIGINAL RAISED SEAL OF A f oRvA uceim SURVEYOR AND mAPFF.Tt ADmIms OR DELETIONS TO THE SURVEY MAP AND/OR REPORT' OF SURVEY BY outm mm THE Stc;I+m PARTY OR PARTS is PRdMfBIIED yATHwr WWT MN CONSENT OF THE !;IMIIG PARTY OR PARTIES. • HORIZONTAL CMIROL ACCURACY: THE EXPECTED USE Of m SURVEY MAP AND REPORT FOR THE LAND, AS AASStflED IN iKE MINIMUM TECHNICAL'STAkDARDS (50-17•FA_t) IS SUBURBAN. THE MWirtUM RECATf4B DISTANCE ACCURACY FOR rNS rME CF.OpMARY CONTROL SURVEY IS T FOOT IN 7500 fEET. THE ACCURACY O8rA6YED BY M£ASMMIENT AND CALCUAA710N OF A CLOSED GEOWMIC FTGURE OR REOiJ MCY OF YEASURS1tIfM MAS FOUMD TO MEET' OR O(CEED TNS REOUtREUENT. ■ ►IORIZWTAL FEATURE ACCURACY! TOPOG RAPMC• LAND FEATURES (SIGNS. (NLEM. VALVES. MAILBOXES, PoTffRPOI.E� DRIVEWAY$ CULVERTS AND S[MXAR FEATURES) HAVE A HORZdNTAL FEATiJRE ACCURACY W PLUS OR MNUS 0.15 FAT. • VERTICAL CONTROL ACCURACY: VERTICAL coma AS ESTABuSHED ro THIS PROJECT SITE is ACCURATE TU PLUS OR MINUS QOS FEET TIMES THE SQUARE ROOT OF THE DISTANCE IN MILES • ELEVATMNS OF WELL-iDEM11M MANRES (QNTAIMM IN THIS SURVEY AMA MAP HAVE STET/ MEASURED To AN ESTIMATED VERTICAL P091TOV ACCURACY OF PLUS OR MINUS 0,10 FEET: • DATA ACQUISITION WAS OBTAINED DURING THE FMIOVANG TIME FRAME OR DATE 5AG • THE BEARING BASE- FOR THIS SURVEY IS AS FULLOM A) ASSUMED 8) THE EAST RIGHT-OF-WAY LINE OF INDIAN RIVER DRIVE AS DEPICTED. C) THE LWE BEAUS S00`2J'39-E •THE ELEVATIONS AS SHORN ON TWS SURVEY ARE BASED Of THE NORTH AMERICAN VE RTCLAL DATUM OF 198B. -NO IMMUMFNTS OF RECORD REFLECTING EASEMENM R(GHTS-OF-WAY AND10R QMERStiIP WERE FURNISHED rD THLS SURVEYOR EXCEPT AS SHOW. NO RTLE OPINION /S vv-neaaiaw OR Ii1MP=. • INS SURREY ODES NOT CERTTFr TO THE EMSTENCE OR LOCATION OF ANY FOUNDATIMA UTILITIES. UNDFRGROLOID ENCROACHIUETVTS OR IMPROVI RENTS EXCEPT AS SHOW. •UNLESS A COMPARISON IS SHOW PLAT VALUES & MEASURED YALLIES ARE Pm SAME . ALL MEASUREMENTS ARE IN FEET AND DECIMAL PARTS 'THOMEOF AND ARE IN, ACCORDANCE MTN WE SrANRARDS OF THE UNITED STATES, • THE HORIZONTAL VALUES SHOWN KtREON RLO:EI4 TO THE STATE PLANE COORDINATE SYSTM FLORIDA EAST TOT$ MAD BJ (NCS ADJUSTMENT Or IWO) ESIABLO" U S WO RTK OBSERVATIONS. •THIS MAP IS WTENDED TO BE DISPLAYED Ai• A SCALE OF t'-W -NOTED) OR (Sheet 3 of 7 - IOrikwn by=Iihecked byI -RTe nai UG . • Dw 6463 .rtla AM-0r, Af6pler, Reed d Saylor, A14- .f71RlBYb�V.;. I�If IPP�I U • � P&MASrOARLIrl�YASC/R1�I7M7Bt�lAr�S.S'#4�4r 1655 27th Street. Saito 2 Vero Beach. Ftorido 32960 Phone: (772) 364-8050 Fox: (772) 794-0647 lab taosimttart'+ayarN A•a�+a Pima Rearm Toe Amdm goriaem cm tw.ka COWMAoe 330 wta A`"- 2077463 taapt sm,tdr sects THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS TRUSTEE'S DBED OF INDIAN RIVER COUNTY FL BK 2431 P0:1266. PWI of THIS 9GMNN1t$ made d& dry of Air, A.D. 2010, • 0711=10 al 11 i3 AM, D DOCTAX PD bermem Hsi v ?409alsCRf,'0rICC=R'!<&LV= O1' S52S0.00 Tsi>c )BMW L V^RROVM0 JRRE OCAM IHIW UNDER RVVOCABLS LIVING TRW A a o. i.. u, .,a i .1 DAM JMY 17, JEFFREY K BARTON. CLERK OF COURT 2407. tvhosa addrme Is 2= R Delta. Fora kV- HRh. W 4ts3O.175% 0185toc sad My OFE1D A [IA 4, a AmddPAMY Nhblm Iadlaa Rita CG=w, name, whore Mau* am= is ins Usfn Street, Sdaviao. Florida 32M Man-, (Wbmvu asw holds rm terms -amua- wad 'waster tatteda s[ ter pantie a dab bacrsarrt and tarts b*% teal ►q,emeWul ammeturn a" adpr "Ci6ow" ww ' 'tee wad Mr iltgd;r a"d ph,4 as 60 omam ts{atm ad0swar o(a,4ysaertboDbab,dra4amtdm) . %A u ruaaa ..Y TIW the stfd,0rtatM for and is oaaaddauba of tine amt of Teo D*Um and ad" and vabtabia moAdasdooar to s4d 0manor la Lad pad by saM 0rmeoo. tU remipt vrhaeof is h-by admoWs 24 dots baeby der p. ddaid Gotamr dwWowft6MU d Ind sih u Vu � ladfat RivetComaY k7xidde, to-ak So 1iNblbU "Aw snaked hereto wad by reitrem nude* part hemL By acceptarm bt this Ttatw t ar e Dad, tha G t6e� of Romial" commte�oot 1, 4 Im ?ubiio tt�eet to tba otweaaats tad va ea !h� L Records of tadlw River Camps Florida. Tbc.e auvatttar- sad rastrbd= 9W no with em Pr peoy herein dezaibed. Ifmayumatcan&timofthe Dcdarmiand&t*WvoCt t=niSVtDWWbytheOraatooerbysomethhd with the Jcmiadga of die Ortmteo sad the (imam does trot ootaea tpe vaGsioo to rim Dedim oa of )�ive (bvetmtu. &a tiaple tide to al1(aseabt to tba 34gject Sim abell ba oo the goad OrTresoocs or for kadsaal bVeavemeiu Tact Fend oftba St:m afybd& to ==do= whk daptm 3w. Pan 4 F1oddt su=m TO HAVE ANDTOROLDdwa=to;elWadmaLandtiogWutheapptuteMM=ebmm=3o ortoaayvtte oppmaichm tlta and ito � bm4t b�fafthoo iddHM �Cas=o hmw r.. �m � *a amid � is law or oTdW, to THIS DI XD b areaxed ptasddmt to wad to exercise of tho paws and tnthodw gi v l io sadveswd m said rrwae by dot term of mdd detdf err deeds in «ant dallveQed to acid Trtntee inpatswoce of dq Bast Agerosams above mendotad. This deed is made VIM to rues sod mesa== 1h &a yew 2010 ad been thertaRa and "WOO to etsamaoa tad This 000veyettoo is t w4m w Sao. team. Umiatiaas and eoaditbas ofrtcad Kevy mw exist, but ray vAh • imerab that bw have boa xosftmd am not baaby m4wP & mffs property b am die horauaad pmpeny of the Gtaptor(O, tar cmn4uoa to boatestesd wtvptM, ai each botnmad is defined trader Florida law. IN VAaW88 V/JMWF the Gzm=bu hr = set GnaamA head and teal, tie stay and year OW sbowa t,t6ten. Signed, staled wad deihett4 is six t9<re c.I?W �a, Z- ¢v . J roamed or acme err » SatseswrTrmtae�HntsYl�DsbrowsL-1 brs^toeahla Trust uadet'Rsvoahle ijvlsg ilrsttAgi�ent dated Jaly 27, 2w armor 9IC#41&AA1 COrAM OV i.t!/t YAJ Q iasotoatuat wasaalo>4wladged be&re tDa the my of �at/1 G 2010. by Hobert V. Morrison., 0! tsteFlmry I DebrowAl bravo it it T�dez2tsroeable Ltvtn; [t4st Avaemaat dated JafY 17, it [br laloWn Dort. "+%• t /t , a. ;�'` �,. � pQ a Ctatem Hseasa. row Y :T::il Fi1LilCi8TXT8Qf • �S'y���••�,'••�••'',� 'r��(YefDtad,TypodorSompoaNanaofNouryYn ., LL''iIPJiY��pa��lipl2g � .. `r,,:. �� r'����� �� CQaID0�110.. I wl •.'�.. `.+-+�D�"bi�r� V MyCOUQUAaaY 6UV OI JV:) • • EXHIBIT `Am LEGAL DESCRIPTION UPLAND PARCEL THE SOUTH 13 FEET OF LOT 1 AND ALL OF LOT 2. BLOCK 1. MIDDLETON'S SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 2. PAGE 6% PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLOMDA, MORE PA MCULARLY DESCRIBED AS FOLLOWS. ' - BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF MIDDLETONS SUBDIVISION AND THE EAST RIGHT-OF-WAY LINE OF INDIAN RIVER DRIVE (BEING.A POINT 37.16 FEET DUE EAST OF THE CENTERLINE OFJNDUW RIVER DRIVE}. THE POINT OF BEGINNING; THENCE NORTHERLY 118'413T ALONG TH€ EAST RIGHT-0F wAY uNE OF 4NDIAN RIVER DRIVE, A DISTANCE OF 164.76 FEET MDRE OR LESS TO A CONCRETE MONUMENT MARKED'XC; THENCE RUN EAST 10' NORTH OF DUE LAST TO THE HIGH WATERLINE OF THE INDIMRIVER THENCE SOUTHERLY ALONG THE HIGH WATER LINE OF SAID INDIAN RIVER TO A POINT INTERSECTING THE EASTERLY PROJECTED SOUTH LINE OF MIDDLETONS SUBDMSION AND THE HIGH WATER LINE OF THE ROMAN RIVER: THENCE WEST TO THE POINT OF BEGINNING. BEING A PART OF GOVERNMENT LOT 1, SECTION 6. TOWNSHIP 32.SOUTH, RANGE 39 EAST. TOGETHER WITH A UPLAND, SUBMERGED LAID, LITORIAL RIGHTS, SHORE'RIGHTS AND RIPARIAN RIGHTS LYING TO THE EAST THEREOF TO THE CENTER OF THE WDIAN RIVER TO THE EXTENT THAT SAME APPERTAIN TO THE PROPERTY ABOVE DESCRIBED. SUBJECT TO ALL LIENS. EASEMENTS AND RESTRICTIONS OF RECORD. IF ANY. — — - - - 201 of 305 • Attachment 4 — Deed for Hurricane Harbor Submerged Lands trtuatee8 of Atxlrafi 1.-dn�. Loft * 48 -kt5J4 OFFICIAL RE00RD of Fqe Matt of Narlh DMM No 21893G8-31) tOV W ALL MM BY THM PRF.SMTA, Tilt ttw tmdeeeipead, the T}akea of the lot— lac. pmvummt Fund of the Stan of Fsww, wader anhrrity of law, for and in eoasdaadm of tba w= of One Hundred. --- DOLLAR& to tbaa io band pad by C hurls �_�!!�Y_ a_ tad Aob�rt H. ReeesY of t!r Coaaty ot__dlan River _�. Sttto of Florida baw gaated, 6e 14" wad e014 am do by thew pn.mta !wank 6,nale, aeu end tone y: oalo the "W Charles R. `o,�g1MM ,;.o;Ir t:Beeelex_— -^---- _ their h, n and aatgas, the A parcel of submerged lend in the Indian River in Section 31, Topnship 30 South, R-196 39 Ed -a:, Indian River County, more particularly daecribed as follows: Pram the point of intcroectior, of the south line of Government Lot 2 of said Section 31 and tae Fleming Grant Line run North 8g' 40, go" lfast alo�sg the Bald south line of Government Lot 2, a distance of 705 feet, core or leas, to the mean high water stark on the wont bank of the Indian River for the.P.O.B.i Hrthtl9' 151West, & distanceabOf 165.0 feet; thencetSouth 70e 45' Vest, a distance of 135.0 feet, more or less, to the !wean high water mark of the Indian River; thence aoutheasterly along said mean high water marl: a distance of 165.0 feet, sore or leas, to the P.O.B., i `l 7, ! oon:ai:.0 • o • 3' urm more of hee, wad LU4 and beige In the County o, Indian R17er Is said State of MoSU TO HAVi AND TO HOLD the above panted and duaibd pnmhw fmT*r. SAVING AND PJMBVINO unto the said Trotboa of the Intel, lmymccoeat Fund of the State of and ebdr tiUM to to todivided tht,w.foartba of all ph*hata, mlaaah wad Meta* and title as as vided w&W M aA Ptbdmmt that may be (q on or usdnt the above dakzMed had 14tb the prh*P to vin and dmlop the nos. OTHER RESERVATIONS: None . ebtirl Mal t �Meadd the wJ Of THE DDEPAeRTMXNTT OF ACRiCUL7VRBt O THE STATE OF FLORIDA to be hwaoatc ached, at the tS 4K fa the City of ihllahaaaee, so ibis th —._day d Sep'!,.=Der A. D. Nkwtom Hundred an `'_.� 77t�U3TERS L F. FUkP DEEPPAAT'ifTf6f L OF ACRICUL7V}tfi Its 1_ A tt/.ae.�.�ftiSAL) ' SEAL) etMe d d tin TltuflMRS OZ�T� V OF �71s BTA78 RmJI 202 of 305 CHAIN SHEET • Fund Flle Number: 32-20094046 Provided For: Brinkley Morgan Solomon Tatum Agent's File Reference. 014151-09001 EffectiveDates: From September 17,1953 at 11:00 PM To November 16, 2009 at 11:00 PM Description of Real Property Situated in Indian River County, Florida. See Exhibit A attached The entries on the following pages) affecting the abovedescribed property have been recorded among the bfjZcial Records of the county during the time period covered by this searck This chain is prepared in the same manner as our abstracts as Indicated by our cer!{t sate and does not alleviate the necessity of an examination of the complete instruments or court proceedings Indexed A 20-year name search has been performed on parties acquiring an Interest within the time period covered by this search. Parties acquiring interests prior to the beginning date of this search and continuing in said Interest after the beginning date of this search, have been searched from the beginning date. The information provided herein does not include a search of federal liens and judgment liens filed with the Florida Department of State pursuant to Sea 713.901, et seq., F.S., and Sec. 55.201, et seq., • F. &, respectively, which designate the Florida Deparbnent of State as the place for filbW federal liens and judgment liens against personal property. For insuring purposes: • (a) Pursuant to Sea 713.901, et seq., F.S., personal property Includes, but is not limited to, mortgages, leaseholds, mortgages on leaseholds, interests in cooperative associations, vendees' Interests, and options when those interests are held by a partnership, corporation, trust or decedent's estate; and A) Pursuant to Sea 5S.201, et seq., F.S., personal property includes, but is not limited to, leaseholds, interests In cooperative associations, vendees' Interests, and options regardless of the type of endV holding such interests, Including individuals (Ngk. Mortgages have been specifically excluded from the personal property interests in which a fudgment lien may be acquired under the provisions of Sec. 55.201, et seq., F.S.) Prepared this 3rd day of December, 2009 .Attorneys' Me F;urd Servkes, LLC Prepared by: Frances D. Bold, Senior Examiner Phone Number. l-800-637-0767 ext. 5213 Page 1 of 3 Rev. 07109 b [4) .0 \� :1 Fund File Number: 32 2009-1046 • I. Book and Page: OR 48/502 TOP Deed DOA: 09/17/1953 Firm Party: Trustees of the Internal Improvement Fund of the State of Florida Second Party: Charles R. Beesley and Robert E. Beesley 2. Book and Page: OR 274/246 TOP WD DOP: 01/09/1968 First Party: Robert E. Beesley Second Party: John C. Palmer 3. Book and Page: OR 332148 TOI: WD DOF: 10/3 V1969 First Pary: John C. Palmer and Elizabeth T. Palmer Second Party; Not Bay Seafood, Inc. 4. Book and Page: OR 492/280 MI. QCD DOF,- 06/06/1975 First Party: Robot E. Beesley Second Party: Charles A. Veltman and Mary Veltman S. Book and Page. OR 492/282 TO* QCD DOF: 06/06/1975 First Party: Net Bay Seafood, Inc. Secontd Party: Charles A. Veltman and Mary Veltman !. Book and Page. OR 492/283 TOL• QCD DOF: 06/0&1975 FirstParty: Charles A. Veltman and Mary Veltman Second Party: Inlet Bay Seafood, Inc. 7. Book and Page: OR 673/1835 7101: WD DOF: 10/28/1983 • First Paroo: Inlet Bay seafood, Inc. Second Party: Sebastian Harbour, LTD. ' 8 Book and Page: OR 2018/754 TOI: WD DOF: 04/10/2006 First Party. Sebastian Harbour, LTD. Second Party: Sebastian Development Company, LLC, and Thomas Truong 9. Book and Page: OR 2243/268 TOI: Cr DOF: 02/19/2008 First Party: Second Party: Advanced Electrical Systems, Inc. I al Book and Page: OR 2306/2467 TOl: CT DOA 12/04/2008 First Party: Second Pany: Sebastian Harbour, LTD. and Dancu Holding, Inc. i Page 2 of 3 204 of 305 • Fund Fde Number: 32-2009-1046 is FROM A POINT OF BEGINNING AT THE 1NTBRSECMON OF THE SOUTH LINE OF GOVERNMENT LOT 2, OF SECTION 31, TOWNSHIP 30 SOUTH, RANGE 39 EAST, INDIAN RIVER. COUNTY, FLORIDA, AND THE MEAN HIGH WATER MARK OF THE WEST BANK OF INDTAN RIVER, RUN WEST ALONG SAID SOUTH LINE OF GOVERNMENTAL LOT 2, A DISTANCE OF 80.05 FEET, MORE OR LESS, TO THE EAST RIGHT-OF-WAY OF OLD U.S. HIGHWAY NO.1, SAID RIGHT -OF --WAY BEING 66 FEET; THENCE RUN NORTH 25°22' WEST ALONG SAID EAST RIGHT-OF-WAY LINE A DISTANCE OF 71.45 FEET; THEN RUN EAST, PARALLEL TO THE SOUTH LINE OF SAID GOVFZ011ENTAL LOT 2, A DISTANCE OF 94.89 FEET; THRICE RUN NORTH 70045' EAST A DISTANCE OF 132.03 FEET TO THE ESTABLISHED BULKHEAD LINE; THENCE RUN SOUTH 25022' EAST ALONG SAID BULKHEAD LINE A DISTANCE OF 66A3 FEET, THIINCE RUN SOUTH 70°45" WEST A DISTANCE OF 145.50 FEET TO THE POINT OF BEGINNING ON THE MEAN HIGH WATER LDlE OF INDIAN RIVER AND ON THE SOUTH LINE OF SAID GOVERNMENT LOT 2. Page 3 of 3 - — - - --- — - - -- - l95-of-305 - Florida Department of Environmental Protection Central District 3319 Maguire Boulevard, Suite 232 Orlando, Florida 32803-3767 BY ELECTRONIC MAIL nk@euro60.com Sebastian Harbour Ltd and Condor Enterprises of Palm Beach Inc. and Dancu Holding Inc. c/o Norbert Kreyer 16 NE 4th Street, Suite 110 Ft. Lauderdale, FL 33301 Re: Indian River County - ERP OGC Case No. 06-0891 Case Closed Dear Mr. Kreyer: OCD-ERP-10-0183 Govemor JeffKottkamp Lt. Govemor Micbael W. Sole Secretary This letter is to inform you that the Department's enforcement case against you has been closed. You have brought the subject property into compliance. Should you have any questions regarding the above, please direct your inquiries to me at 407/893-3993 or at the letterhead address. Thank you for your cooperation in resolving this case. S' incerely, Pamela Ammon Environmental Manager Compliance and Enforcement Submerged Lands and Environmental Resources Program April30, 2010 Date cc: Ahssa Meyers, FDEP Lea Crandall, OGC Kris Tulloch, Central District Rebecca Grohall, City of Sebastian, ir,, rohall@ci ,'ofsebastian.orr Eugene Popow, (crvstaltree®bellsouth.net) tL w 0 E 0 N m J m c m a E 0 U ,?nR of Ins Florida Department of Charlie: Go��emflr nor Environmental Protection Jeff Kotlkamp Lt. Governor Central District 3319 Maguire Boulevard, Suite 232 Michael W. Sole Orlando, Florida 32803-3767 Secretary 1 A Henry J. Dabrowski Irrevocable Trust UTA July 17, 2007 c/o Herbert V. Morrison FBO Henry J. Dabrowski Trust 28826 Ramblewood Dr. Farmington Hills, MI 48334 Indian River County OGC File No. 09-3161 Close Letter Dear Mr. Morrison: OCD-ERP-10-0128 Enclosed is the signed and entered Consent Order to resolve the above referenced case. This copy is for your records. You have satisfied the terms of the subject Consent Order. The subject corrective actions have been completed at your facility, including the execution of a temporary use agreement (TUA) and payment of lease fees in arrears. Your facility is currently in compliance. Please be reminded of the terms of the TUA, which specifies that a sovereign submerged land lease ,shaU be applied for and obtained within six months of the TUA's execution. Should you have any questions regarding. the above, please contact Sirens Davila at (407) 8W,1555, x2246, at the letterhead address, or at Sirena.Davila®dep.state.fl.us. Thank you for your cooperation in resolving this matter. AW/sd/df Enclosure Sincerely, A'��6n�ins Submerged Lands and Environmental Resources Permitting Date: cc: Steve Gutman (sgutman®bodmanllp.com) Rebecca Grohall, Growth Management Director, City of Sebastian (rgrohall@cityofsebastian.orf;) Kristine Jones, OGC Lea Crandall, Agency Clerk Kris Tulloch, DEP ')04 of 105 FCT Contract Nu nber D�-CT- E1-M-M-A1-W0 FW- RIDA COMMUNITIM MUST 09-003-WW1 SEBASTIAN WORKING WATERFRONT COLLABORATIVE CSFA # 52.013 STAN MAYFIELD WORENG WATERFRONT GRANT CONTRACT THIS AGREIIASM is entered into by and between the FLORIDA COMMUNITIES TRUST C FM, anon -regulatory agency within the State of Florida Department of Community Affairs, and the CITY OF SEBASTIAN, a political subdivision of the State of Florida ("Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS: WHEREAS, the intent ofthis Agreement is to impose terns and conditions on the use ofthe Florida Forever Funds, hereinafter descn'bed, and the lands acquired with such proceeds ("Project Site"), that are necessary to ensure compliance with applicable Florida law and federal income tax law and to otherwise implement the provisions of Sections 259.105, 259.1051 and Chapter 380, Part III, Florida Statutes; WHEREAS, Chapter 380, Part III, Fla. Stat., the Florida Communities Tnist Ad, creates a • nori-regulatory agency within the Department of 6 61 Affairs CDepartnunt-) which will assist local governments in bringing into compliance and implementing the conservation, recreation and open space, and coastal elements of their amp ehensiveplans or in oonservingnab=1 resources and resolving land we conflicts byproviding financial assistancew local governments and nonprofit environmental ,; &: to carry out projects and activities imtho&ed by the Florida CommumN..,,ti Trust Act; WHEREAS, FC ` is fimded through either Section 259.105(3)(c� Fla. Stet. of the Florida Forever Act, which provides for the distribution of two point five pencent.(2.50AJ less certain redactions, of the net Florida Forever Revenue Bond proceeds to the Department, or any other revem m source designated by the Florida Legislature, to provide land acquisition grants to local governments and nonprofit working water6ont organizations for the acquisition of working waterfronts; WHEREAS, the Florida Forever funds may be issued as tax-exempt bonds, meaning the interest on the bonds is excluded finrm the gross income of bondholders for federal income tax purposes; WHEREAS, Rule 9K-9, Florida Administrative Code CTJLC") sets forth the,,.. "I *.,,, for the evaluation and selection of lands proposed for wgWsition and Rule 9K-10, F.A.C. sets forththe acquisition pmcedures; ArR A2W smww- ac -1- min -Fine WHEREAS, on January 29, 2009, the FCT Goveming Board evaluated and scored the • applic:ationslo develop a rank9ng list of projects t6 VeMM lb the Boayd* of fees df Irit iW Improvement Trust Fund; WHEREAS, on April 13, 2009, the Board of Trustees of Internal Improvement Trust Fund selected and approved the projects which will receive fimding; WHEREAS, the Recipitnt's project, desc And in an application submitted for evaluation, was selected for funding in accordance with Rule 9K-9, F.A.C., and by executing this Agreement the Recipient reaffirms the representations made in its application; WHEREAS, Rule 9K-9, F.A.C. authorizes FCT to impose conditions for funding on those FCT applicants whose projects are selected for funding; and WHEREAS, the purpose of this Agreement is to set forth the conditions that must be satisfied by the Recipient prior to the disbursement of any FCT Florida Forever funds awarded, as well as the restrictions that are imposed on the Project Site subsequent to its acquisition. Since the entire Project Site has not yet been negotiated for acquisition, some elements of the project are not yet known such as the purchase price, other project costs, and the terms upon which an owner will voluntarily convey the property. NOW TFIEREFORE, FCT and the Recipient mutually agree as follows: • I. PERIOD OF AGRKMENT 1. This Agreement shall begin upon the Recipient's project being selected for fzmding and shall end April A 2010 ("Expintlon Date"), unless Mended as set forth below or unless terminated earlier in accordance with the provisions of Article JOII of this Agreement. 2. FCT may extend this Agreement beyond the Expiration Date if FCT determines that significant progress is being matte toward the acquisition of the Project Site or that extenuating warrant an extension of time. If FCT does not grant an extension the Recipient's award shall be rescinded and this A„ . , :, ..t shall terminate. II. MODIFICATION OF AGREEMENT 1- Either party may request modification of Om provisions of this Agrecment at any time. Changes which are mutually agreed upon shall be valid only when reds to writingand duly signed by each of the parties hm-eto. Such amendments shall be incorporated into this Agreement. III. DEADLINES 1. At least two original copies of this Agreement stall be executed by the Recipient and returned d to the FCT office at 2555 Shunted Oak Boulevard, Tallahassee, FL 32399.2100, as soon as possible and before May 15, 2009. . If the Recipient requires more than one original document, the Recipient shall photocopy the number of additional copies needed and then execute each as an • OS46 MM ApQA2M t3MWW - GC •2- 211 of305 original document. Upon receipt of the signed Agreements, FCT' shall execute the Agreements, re#� A.��al..�gp�.:attd;ra�:�ll�o#hex oopies:thal�Y� been.rae�rnted..to�heBexapieat.: .. - 2. The Recipient and its representatives shall know of and adhere to all project deadlines and devise a method of monitoring the project. Deadlines stated in this Agreement, as well as deadlines associated with any FCT activity relating to the project, small be strictly enforced. Failure to adhere to deadlines may result in delays in the project, allocation of time or.to other recipients that respond timely or termination of this Agreement by FCT. 3. The Recipient shall submit the documentation required by this Agreement'to FCT as soon as poseble so that the Project Site may be acquired in an expeditious manner. 4. No later than May 15, 2009, the Recipient shall deliver to FCT a written statement fiom the Project Site property owner(s) evidencing that the owners) is willing to entertain an offer from the Recipient and FCT, ifnot previously provided in the Application. No acquisition activity shall be commenced prior to FCT receipt of this statement. 6. No later than May 15, 2009, the Recipient shall deliver to FCT the executed Confidentiality Agreement provided to the Recipient by FCr, pursuant to Rule 9K 9.009(3), F.A.C. No acquisition activity shall be commended prior to FCT receipt of the executed Confidentiality Agreement. IV. FUNDING PROVISIONS 1. The FCT Florida Forever award granted to the Recipient e FCT Award') will in no event exceed the lesser of Percent (90'/6) ofthe final Project Costs, as defined in Rule 9K-9.002(171 F.A.C. or Three Million One Hundred Sbity Three Five Hundred Dollars And Zero Cetus ($3,163,500.00) unless FCT approves a different amount after determination of the MAPP, wbich shall be reflected in an addendum to this Agreement. FCT will not participate in Project Costs that exceed the great award amount. The FCT Award is based on the Recipient's estimate of final Project Costs in its application. When disbursing the FCT Award, FCT ahall recognize only those Project Costs consistent with the definition in Rule 9K 9.002(17), F.A.C. FCT shall participate in the land cost at either the actual purchase price or the MAPP, whichever is less, multiplied by the percent stated in the above P11?�Ph- 2. The FCT Governing Board rgnked and the Board of Trustees of the Internal Improvement TWA Find CTnistees") selected the Recipient's Application for finding in order to acquire the entire Project Site identified in the Application. FCT reserves the right to withdraw or adjust the FCT Award if the acreage that comprises the Project Siteis reduced or the project design is changed so that the objectives of the acquisition cannot be achieved. FCT shall consider any request for Project Site boundary modification in accordance with the procedures set forth in Rule 9K-9.009, F.A.C. • o8-W3-wwr AF2 A 2W SN" - GC -3- If the Project Site is comprised of multiple parcels and multiple owners, then FCT reserves the right • to withdraw or atlj�osi the FGT Awed if the p otit� parixl(§j of a si,; : C." �; p4doo ofthe "ed Site cannot be acquired. 3. The FCT Award shall be delivered either in the form ofProject Costsprepaid by FCT to vendors or in the form of a State of Florida warrant at the closing of the Project Site, payable to the Seller or the Seller's designated agent authorized by law to receive such payment, provided the Comptroller determines that such disbursement is consistent with good business practices and can be completed in a manner minimizing costs and risks to the State of Florida. If the Project Site is comprised ofmultiple parcels, FCT shall deliver at the closing of each parcel only the share of the FCT Award that corresponds to the parcel being closed. FCT shall prepare a grant reconciliation statement prior to the closing of the Project Site parcel that evidences the amount of Match provided by the Recipient, if any is required, and the amount of the FCT Award. Funds expended by FCT for Project Costs shall be recognized as part of the FCT Award on the grant reconciliation statement 4. If a Mate is required, it shall be delivered in an approved form as provided in Rule 9K-9.002(15), F.A.C. If the Project Site is comprised of multiple parcels, the Recipient shall deliver at the closing of each parcel the share of the Match that r , -; ,, ...As to the parcel being closed. Funds expended by the Recipient for Project Costs shall be recognized as part of the Mate on the grant reconciliation statement. S. By executing this Agreement, the Recipient affirms that it is ready, willing and able to provide a Match, if any is required. • 6. If the Recipient is the local government having jurisdiction over the Project Site, and an action by the Recipient subsequent to the FCT Governing Board selection meeting results in a governmentally derived higherProject Site land value due to an enhanced highest and best use, FCT acquisition activities shall be terminated unless the Seller agrees that the appraisal(a) will be based on the highest and best use of the Project Site on or before the FCT Governing Board selection meeting. 7. FCT's Puhmm= and obligation to financially pmfarm payunderthis Agr+eemeut is contingent upon an annual appropriation by the Florida Legislature, and is subject to any modification in accordance with Chapter 216, Fla. Stat. or the Florida Constitution. S. FCT's performance and obligation to financially perform under this 4, .. i is contingent upon the issuance of Florida Forever Revenue Bonds issued by the State ofFlogida and of the proceeds of the Florida Forever Revenue Bonds being released to the Departmenk V. NOTICE AND CONTACT 1. All notices provided under or pursuant to this shall be in writing and delivered either by Ind delivery or first class, certified mail, retum receipt requested, to: • 0$403-wwi Apt I3, Za09 t — GC 4- ?VA �f�ns • Florida-C. omtnunities T- ma 255S Shumard oak Boulevard Tallahassee, FL 32399-2100 2. All contact and correspondence from FCT to the Recipient shall be through the key contact. Recipient hereby notifies FCT that the following administrator, offices or employee is the authorized key contact onbehalf of the Recipient for purposes of coordinating project activities for the duration of the project: Name: Rebecca Grohall Title: Grovth Management Director Address; 1225 Main Street Sebastian, FL 32958 phone: (7721388-8228 Fax: (772)388-8248 Frmafl: rgrohall@cityofsebaatiaA.org 3. The Recipient authorizes the administrator, employee, officer or representative named in this paragraph to execute all documents in connection with this project on behalf of the Recipient, inchAng, but not limited to, the Grant Contract or any • addchda thereto, purchase agreCmctit(s) for the property. grant reconciliation statement, closing documents and Declaration ofRestrictive Covenants. Name: Al Miuner .fie. City Manager Address: 1225 !lain Street Sebastian, FL 32958 phone: (772)388-8200 Fax: (772)581-0149 ,mail, aminner@cityofeebaotian.org 5. in the event that different representatives or addresses are designated for either r r . .graph 2. or 3. above after mtecution of this Agreement, notice of the changes shall be rendered to FCT as provided in paragraph 1. above. 6. The Recipient hereby notifies FCT that the Recipient's Federal Employer Identification Numbers) is 5 9- 6 0004 2 7 084)03-WW1 AWE 15, 2009 SMWW - GC VI. PRE -CLOSING REQUIREMENTS • Prior to FCT approval of the signed purchase agreement(s), closing(s) of the real estate transaction(s) to acquire the Project Site and final disbursement ofthe FCT Award, the Recipient shall submit to FCT: EL Supporting documentation that the conditions imposed as part of this Agreement have been satisfied. b. A signed statement by the Recipient that the Recipient is not aware of any pending criminal, civil or regulatory violations imposed on the Project Site by any governmental agency or body. C. A signed statement by the Recipient that all activities under this Agreement comply with all applicable loeal, state, regional and federal laws and regulations, including zoning ordinances and the applicable adopted and approved comprehensive plan. d. Additional documentation as may be requested by FCT to provide Reasonable Assurance, as set forth in paragraph VITA. below. 2. FCT shall approve the terms under which the interest in land is acquired pursuant to Section 3 80.510(3). Fla. Stat. Such approval is deemed given when FCT approves and executes the purchase agreement for acquisition of the Project Site, further descaW in paragraph VI.l.a. above. • 3. All real property shall be obtained through a Voluntarily -Negotiated Transaction, as defined in Rule 9K-9.Qa2(42). The use of or threat of condemnation is not considered a Voluntarily - Negotiated Transaction. 4. Any invoices requested, along with proof of payment, shall be submitted to FCT and be in a detail sufficient for a proper audit thereof. 5. Interest in the Project Site shall be titled in the Recipient. 7. The transfer of interest to the Recipient for the Project Site shall not occur until the requirements for the acquisition of lands, as specified in Section 380.507(11), Fla. Stat. and Rule Chapter 9K-10, F.A.C., have been fully complied with by the Recipient and FCT and the Recipient . has complied with all Purchase Agreement requirements. 8. The deed transferring interest of the Project Site to the Recipient shell set forth the executory interest of the Board of Trustees of the Internal Improvement Trust Fund. VII. MANAGEMENT PLAN; ANNUAL STEWARDSHIP REPORT 1. Prior to the signature of the purchase agreement(s), closing(s) of the real estate transactions) and final disbursement of the FCT Award, the Recipient shall submit to FCT and have • 03-003•wwl Ap 2 Is, seo9 sMww - GC -6- approved a Management Plan that complies with Rule 9K 9.010, F.A.C. and addresses the criteria to coordinate with FCT staff in order to ensure that FCT approval of the Management Plan occurs prior to the closing date of the real estate tramaction(s) associated with the Project Site and the disbursement of the FCT Award. 2. The Management Plan explains how the Project Site will be managed to further the purposes of the project and meet the terns and conditions of this Agreement The Management Plan shall include the following: a. An introduction cantainiug the project name, location and other background information relevant to management. b. The stated purpose for acquiring the Project Site as proposed in the Application and a prioritized list of management objectives. a A detailed description of all proposed uses inchuUg existing and physical improvements and the impact on natural resources. d. A scaled site plan drawing showing the Project Site boundary, existing and proposed physical improvements. e. A description ofpaoposed educational displays and grog mms to be offcmd, if applicable. • f A schedule for implementing the development and management activities of the Management Plan. g. Cost estimates and finding sources to implement the Management Plan. 3. If the Recipient is not the proposed managing entity, the Management Plan shall include a signed agreement between the Recipient and the managing entity stating the managing entity's willingness to manage the site, the manner in'which the site will be managed to further the purposes) of the project and the identification of the source of funding for management. In the event that the Recipient is a partnership, the Recipient shall also provide FCTwith the interlocal agreement that sets forth the relationship among the partners and the fiscal and managemen tresponsi'bfiities and obligations insured by each partner for the Project Site as a part of its Project Plan. 4. To ensure that future management finds will be available for the management of the sitein perpetuity pursuant to Section 259.105 and Chapter 380, Part III, Fla.Stat., the Rec*ent(s) shall be required to provide FCT with Reasonable Asseuanoe, pursuant to Rule 9K.9.002(19), F.A.C., that it has the financial resources, ban gpmd, Qualifications and competence to manage the Project Site in perpetuity in a reasonable and professional manner. Where the Recipient is a Non- pTrofit Woritiag Watertomt Organization and does not include at least one Local Qovemmentpartner, a4oa.wwl • Aps142 st"- GC -7- FCT will require the Recipient to establish a management endowment in an amount sufficient to • -ensure .pedommanw, :and provide a .gaarenty ;or -pledge by the Focal=Govemrmmy Ahe Water Management District in which the project is located, or a managing agency of the Board of raitees to act as a backup manager to assume responsibility for management of theProject Site in the event the Recipient is unable to continue to manage the Project Site. 5. The Recipient shall, through its agent and employees, prevent theunauthorized use of the Project Site or any use thereof not in confom ity with the Management Plan approved by FCT. 6. All buildings, structures, improvements and signs shall require the prior written approval of FCT as to purpose. Major land alterations shall require the written approval of FCT. The approvals required from FCT shall not be unreasonably withheld upon sufficient demonstration that the proposed structures, buildings, improvements, signs or land alterations will not adversely impact the management of the Project Site. FCT's approval of the Recipient's Management Plan addressing the items mentioned herein shall be considered written approval from FCT. 7. As required by Rule 9K 9.012, F.A.C., each year after FCT closes on the Project Site, the Recipient shall prepare and submit to FCT an annual stewardship report that documents the pmogiess made on implementing the Management Plan. VM. SPECIAL MANAGEMENT CONDITIONS In addition to the Management Plan conditions already described in this Agreement, which apply to • all sites acquired with FCT funds, the Management Plan shall address the following conditions that are particular to the project site and result from either representations made in the application that received scoringpoints or observations made by FCT staffdmring the site visit described in Rule 9K- 9.007, F.A.C.: 1. The future land use and zoning designations of the project site shall be changed to Working Waterfronts or other similar category. 2. A permanent recognition sign, at a minimum size of 3' x 4% shall be maintained at the entrance area of the project site. The sip shall acknowledge that the project site was purchased with funds from the Florida C .. . , ies 'Trust Program and the Recipient 3. At closing, the existing submerged land lease will be transfer to the Recipient 4. Prior to closing, the Recipient will provide a letter from the Department of Envimumental Protection stating the current land owner is in compliance with Chapters 253, 258, 373 Part 1V and 403 Florida Statutes and the submerged land lease for all facilities or structures on the Project Site that are located over state sovereignty submerged land and that applicable fees or weWT oerti$artion forms are current or that the facilities or structures are not subject to a state sovereignty submerged land lease. AprU19,2W 217 of-A.S 5. Annually the Recipient will provide a letter from the Department of Environmental • 2rotection6tating theRecipient is.iwoompliancemft:(lhapters 253,258z,373,Part4V asd-4o3 Florida Statutes and the submerged land lease for all facilities or structures on the Project Site that are located over state sovereignty submerged land and that applicable fees or wetslip certification forms are current or that the facilities. 6. One of the existing buildings on the project site will be used as a working waterfront building and the other as an educational site highlighting the cultural and historic heritage of Florida's traditional working Waterfronts. 7. Pemunent structured displays of artifacts and other items shall be provided that provides information about the economic, cultural or historic heritage of Florida's traditional Working Waterfronts 8. Interpretive kiosk or signs shall be provided that educate the public about the economic, cultural, or historic heritage of Florida's traditional Working Waterfronts DL DECLARATION OF RESTRICTIVE COVENANTS REQUIR&NMM DEPOSED BY CHAPTER 259 AND CHAP= 380, PART M FLA. STAT. I . Each parcel in the Project Site to which theRc*cnt acquires interest shall be subject to a Declaration of Restrictive Covenants describing the parcel and containing such covenants and restrictions as are, at a minimum, sufficient to ensue that the use of #w Project Site at all times • complies with Sections 375.051 and 380510, Fla Stat.; Section I I(e), Article VII of the Florida Constitution; the applicable bond indenture under which the Bards were issued; and any provision of the Internal Revenue Code or the regulations promulgated thereunder that pertain to tax exempt bonds. The Declaration ofRestrictive Covenants shall contain clausesproviding forthe conveyam of interest to the Project Site to the ZYustees, or a Nonprofit Wo& mg Watmfioiit Organization or government entity, upon failure to comply with any of the covenants and restrictions, as fwther described in paragraph 3. below. 2. The Declaration of Restrictive, Covenants shall also restato the conditions that were placod on the Project Site at the time ofproject selection and initial grant approval. The Declaration of Restrictive Covenants shall be executed by FCT and the Recipient at the time of the closing of the Project Site and shall be recorded by the Recipient in the coumty(s) in which the Project Site is located. 3. if any essential term or condition of the Declaration of Restrictive Covenants is violated by the Recipient or by some third party with the knowledge of the Recipient; the Recipient shall be notified of the violation by written notice given by personal delivery, registered mail or registered expedited service. The recipient shall diligently commence to ctim -the violation or complete curing activities within thirty (30) days ati- .. t ofnotico oftheviolation. Ifthe curing activities can not be reasonably completed within the specified thirty (30) day time fi mime the Recipient shall submit a timely written request to the FCT Program Managerthat includes the statrus of the current activity, the reasons for the delay and a time &me for the completion of the curing • 0s=oo3_WWi Ap8 A 2M9 M% W - GC activities. FCr shall submit a written response within thirty (3 0) days of receipt of the request and • approval.ehall not be unreasonably-withhed .itis FMs position that -an. ciiiing ftdviti6i�shiffl be completed within one hundred twenty (120) days of the Recipient's notification of the violation. However, if the Recipient can demonstrate extenuating circumstances exist to justify a greater extension of time to complete the activities, FCT shall give the request due consideration. If the Recipient fails to correct the violation within either (a) the initial thirty (30) daytime fame or (b) the time frame approved by FCT pursuant to the Recipient's request, all interest in the Project Site shall be conveyed to the Tmstees unless FCT negotiates an agreement with, another local government, Nonprofit Working Waterfront Organization, Water Management District in which the project is located, or a managing agency of the Board of Trustees who agrees to accept interest and manage the Project Site. FCT shall treat such property in accordance with Section 380.508(4)(e), Fla. Stet. X. GENERAL OBLIGATIONS OF THE RECIPIENT AS A CONDITION OF PROJECT FUNDING 1. The interest acquired by the -Recipient in the Project Site shall not serve as security for any debt of the Recipient. 2. If the existence of the Recipient terminates for any reason, interest to the Project Site shall be conveyed to the Trustees unless FCT negotiates an agreement with another local government, Nonprofit Working Waterfront Organization, Water Management District m which the project is located, or a managing agency of the Board of Trustees who agrees to accept interest and manage the Project Site. • 3. Following the acquisition of the ProjectSite, the Recipient shall ensure that the fiuume land use and zoning designation assigned to the Project Site is for a category dedicated to working waterfronts. If an amendment to the applicable comprehensive plan is required, the amendment shall be proposed at the next comprebensive plan amendment cycle available to the Recipient subsequent to the Project Site's acquisition. 4. FCT staff or its duly authorized representatives shall have the right at any time to inspect the Project Site and the operations of the Recipient at the Project Site. 5. The Project Site shall permanently contain one sign recognizing MTN role in the acquisition of the Project Site. XI. OBLIGATIONS OF THE RECIPIENT RELATING TO THE USE OF BOND PROCEEDS 1. FCT is authorized by Section 380.510, Fla. Stat. to impose conditions for funding on the Recipient in order to ensure that the project oamplies with the requirements for the use of Florida Forever Bond proceeds including, without limitation, the provisions of the internal Revenue Code and the regulations promulgated thereunder as the same pertain to tax exempt bonds. 2. The Recipient agrees and acknowledges that the below listed transactions, events, and circumstances may have negative legal and tax consequences under Florida law and federal income • os-ooa-WWI AW6 is, MW 111 ---rI tax law. The Recipient further agrees and acknowledges that these disallowable activities may be • allowed-up.to-a-entainedod--based-ongWdeEnes ortwwoutlined4 the Fe+ l+fivae.-kttivity regulations of the Internal Revenue Service: a. any sale or lease of any interest in the Project Site to a non -governmental person or organization; b. the operation of any concession on the Project Site by a non -governmental person or organization; C. any sales contract or option to buy or sell things attadmd to the Project Site to be severed from the Project Site with a non -governmental person or organization; d. any use of the Project Site by a nongovernmental person other than in such person's capacity as a member of the general public; el any change in the draracter or use of the Project Site from that use expected at the date of the issuance of any series of Bonds from which the didmrsement is to be made; £ a management contract for the Project Site with a non-govm mental person or organization; or • g. such other activity or interest as may be specified from time to time in writing by FCT to the Recipient. 3. If the Project Site, after its acquisition by the Recipient and/or the Tmstees, is to remain subject to any of the disallowable activities, the Recipient shall provide notice to FCT, as provided for in paragraph V.I., at least sixty (60) calendar days in advance of any such transactions, events or circumstances, and shall provide to FCT such information as FC:T reasonably requests in order to evaluate for approval the legal and tax consequences of such disallowable activities. 4. In the event that FCT d�:, L—,. , .4 at any time that the Recipient is engaging, or allowing other's to engage, in disallowable activities on the Project Site, the Recipient shall immediately eoase or curse the cessation of the disallowable activities upon rocxipt ofwrittennotice from FCT. In addition to all other rights and remedies at law or in equity, FCT shall have the right to seek temporary -and permanent injunctions against the Recipient for any disallowable activities on the Project Site. DELECTATIONS AND CONTRACTUAL ARRANaEN1ENTSBMWE NTITERECl MWAND OTHER GOV,BRN vMTAL BODIES, NONPROFIT ENTITIES OR NON GOVERNMENTAL PERSONS FOR USE OR MANAGEMENT OF THE PROJECT SYPE WILL IN NO WAY RHIMVE THE RECIPI$NT OF THE RESPONSIBILYTY TO ENSURE THAT THE CONDITIONS RdPOSED MEIN ON THE PROJECT SITE AS A RESULT OF UTII.iMG • as-oWWM Apra L% 2W n� -r.- L\ PJ -1 BOND PROCEEDS TO ACQUIRE THE PROJECT SITE ARE FULLY COMPLIED WITH BY • THE CONTRACTING PARTY. • . :_ :: _ :: , ... . XIL RECORDIMPING; AUDIT REQUIREIVI MS I. The Recipient shall maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of fiords under this Agreement. These records shall be available at all reasonable times for inspection, review or audit by state personnel, FCT and other personnel duly authorized by FCT. 'Reasonable shall be construed according to the circumstances, but ordinarily shall mean the normal business hours of 5:00 am. to 5:00 p.m., local time, Monday through Friday. 2. If the Recipient expends a total amount of State financial assistance equal to or in excess of $500,000 in any fiscal year of such Recipient, the Recipient must have a State single or project -specific audit for such fiscal year in accordancewith Section 215.97, Fla. StaL, the applicable rules of the Executive Office of the Governor and the Comptroller and Chapter 10.550 (local government entities) or Chapter 10.650 (nonprofit organizations), Rules of the Auditor General. In determining the State financial assistance expended in its fiscal year, the Recipient shall consider all sources of State financial assistance, including State funds received from FCT, other state agencies and other non -state entities. State financial assistance does not include Federal direct or pass - through awards and resources reoeived by a non -state entity for Federal program matching The funding for this Agreement was received by FCT as a grant ,� *j,, .. j, ration. In connection with the audit requirements addressed herein, the Recipient shall ensure that the audit • complies with the. V.,Y�.;,...ents of Section 215.97(7), Fla. Scat. This includes submission of a reporting package as defined by Section 215.97(2)(d), Fla Stat. and Chapter I0.550 (local government entities) or 10.650 (nonprofit organizations), Rules of the Auditor General. It may be necessary for the Recipient to amend prior fiscal year audits to account for receiving the FCT grant funds because the detenmining factor of when the expenditure must be accounted for is when the expenditure is made, not the signing of this agreement. Per Department of Financial Services Rule 691-5.0W(2)(a), Florida Administrative Code, the determination of when State financial assistance is expended should be based on when the activity occurs (the activity pertains to events that require the nonstate entity to comply with contracts or agreements, such as expenditure transactions associated with grants.) Additional prior fiscal year expenditures of State financial assistance should be added to total expenditures ofState financial assistance previously reported for the prior fiscal year to determine if the threshold was exceeded. If so, the nonstate entity should take appropriate action to provide for an audit for the prior fiscal year in accordance with the Florida Single Audit Act. 3. If the Recipient expends less than $500,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Fla. Stat is not required. If the Recipient elects to have an audit conducted in accordance with the provisions of Section 215.97, Fla. Stat., the cost of the audit must be paid from non -State funds (i.e., the cost of such an audit must be paid from Recipient funds not obtained from a State entity). Aptt is, soon stKww - cc : -12- 2.21 4;e� 4. The annual financial audit report shall include all menagernentletters, theRecipieds . .response -.to all findings-; Uoluding;aorrertive actions to. be:take%- and a adux ile of financiai assistance specifically identifying all Agreement and other revenue by. sponsoring agency end agreement number. Copies of financial reporting packages required under this Article shall be submitted by or on behalf of the Recipient directly to each of the following: Department of Community Affairs (at each of the fallowing addresses): Office of Aiuiit Services 2555 Shu ward Oak Boulevard Tallahassee, Florida 32399-2100 and Florida Communities Trust 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 State of Florida Auditor General at the following address: Auditor General's Office Room 401, gsude Pepper Building I I I West Madison Street Tallahassee, Florida 32302-1450 5. If the audit shows that any portion of the fiords disbwsed hereunder were not spent in • accordance with the conditiow of &a Agreement, the Recipient shall be head liable for reimbursement to FCT of all funds not spent in sceordance with the applicable regulations and A&. J Y :. I provisions within thirty (30) daya after FGT has notified the Recipient of such non- compliance. 6. The Recipient shall retain all financial records, supporting documents, statistical records and any other documents pertinent to this Agreement for a period of five (5) years after the data of submission of the final eacpenditures report However, if litigation or an audit has been initiated prior to the expiration of the five-year period, the records shall be retained until the litigation or audit findings have bom resolved. 7. The Recipient shall have all audits completed in accordance with Section 215.97, Fla. Stet performed by an independent certified public accountant ("IPA'I who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla Stat. The IPA shall state that the audit complied with the applicable provisions noted above. XIIL DEFAULT; REMEDIES; TERMINATION 1. If the necessary fiords are not available to fiord this A&� .. , L .rat as aresult of action by the Florida Leeslatm or the Office of the Comptroller, or if any of the events below oemwe Bveats of Derfsult'), all obligations on the part of FCT to make any further payment of hinds ha vender shall, if FCT so elects, . and FCT may, at its option, ex=ise any of its remedies set forth • cocoa-wwi AV2 IS, 2009 Www- cc -13- ,�� �r�nc herein, but FCf may make any payments or parts of payments after the happening of any Events of • Default wrthoutthereby-wavangtlYenght-to exercase su .�...:.J.:;.�; aind-�vrthbut bt��ootitrg le tts make any further payment. The following constitute Events of Default: thereunder; a. If any warranty or representation made by the Recipient in this Agreement, any previous agreement with FCT or in any document provided to FCT shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep, observe or perform any of the terms or covenants contained in this Agreement or any previous agreement with FCT and has not Cured such in timely fashion, or is unable or unwilling to meet its obligations b. if any material adverse change shall occur in the financial condition of the Recipient at any time during the team of this At,.:.;.,,-�-..,t from the financial condition revealed in any reports filed or to be filed with FCf, and the Recipient fails to cure said material adverse change within thirty (30) days from the date written notice is sent to the Recipient by FCf; a If any reports or documents required by this Agreement have not been timely submitted to FCT or have been submitted with incorrect, incomplete or insufficient information; or d. If the Recipient fails to perform and complete in timely fashion any of its obligations under thii Agreement. • 2. Upon the happening of an Event of Default, FCT may, at its option, upon thirty (30) calendar days from the date written notice is sent to the Recipient by FCT and upon the Recipients failure to timely cure, exercise any one or more of the following remedies, either �,,,..,,.-, ly or consecutively, and the pursuit of any one of the following remedies shall not preclude FCT from pursuing any other remedies contained herein or otherwise provided at law or in equity: a. Terminate this Agreement, provided the Recipient is given at least thirty (30) days prior written notice of sack termination. The notice shall be effective when placed in the United states marl, first class mail, postage prepaid, by registered or certified mail -return receipt requested, to the address set forth in paragraph V.2. herein; b. Commence an appropriate legal or equitable action to enforce performance of this Agreement; C. Withhold or suspend payment of all or any part of the FCT Award; d. Exercise any corrective or remedial actions, including, but not limited to, requesting additional information from the Recipient to determine dwreasons for or the extent of non-compliance or lark of -t .. mce orissuing awrmen O&M3-wan AVA ls, 2M sMWW , pq . -14- warning to advise that more serious measures may betaken if the situation is �nnt.correeted;.or....._ ..__.._...u._>......_...� -. ..:. _...... .. ........ e. Exercise any other rights orreanedies which maybe otherwise available under law, including, but not limited to, those described in paragraph DL3. 3. FCT may terminate this Agreement for cause upon written notice to the Recipient. Cause shall include, but is not limited to: fraud; lack of compliance with applicable rules, laws and regulations; farhire to perform in a timely miner, f tilure to make significant progress toward the closing(a) of the real estate transaction(s) and Management Plan approval; and refusal by the Recipient to permit public access to any domunent, paper, letter, or other material subject to disclosure under Chapter l 19, Fla.Stat., as amended. Appraisals, and any ocher reports relating to value, offers and counteroffers are not available for public disclosure or inspection and are exempt from the puvWons of Section 119.07(l), Fla. Stat. until a Purchase Agreement is exeaded by the Owner(s) and Recipient and conditionally accepted by FCT, or if no Purchase Agent is executed, then as provided for in Sections 125.355(lxa) and 166.045(I)(al Fla. Stat. 4. FCT may terminate this•Agrecment when it determines, in its sole disgretion, that the continuation of the Agmement would not produce beneficial results commensuraW with the further eacpenditure of funds by providing the Recipient with thirty (30) calendar days prior written notice. 5. The Recipient may request termination of this Agreeineantbefore its Ekpiration Date by a written request My de=bing the circumstances flat compel the Recipient to terminate the project.. A request for termination shall be provided to FCr in a manner descnlxd in paragraph V.l. • XIV. LEGAL AITTHORMATiON l . The Recipient cm6fies with respect to this Agreement that it possesses the legal authority to receive funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all oovenants and assurances contained herein. MwRecipicutdwccrtifiesduaftumdosigwd possesses the authority to Iegaily execaute and bind the Recipient to the terms of this A� L XV. STANDARD CONDiiTliONB 1. This shaU be construed under the laws of the State of Florida, and venue for any actions arising out of this A,., : �. � ,:mod AW He in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deem nuU and void to the extent of such conflict and shall be severable, but shall not invalidate any other provision of this Ad,, -ament. 2. No waiver by FCP of any right or remedy granted hereunder or failure to insist on stria performance by the Recipient &ball affect or extend or act as a waiver of arty odw right or remedy of FGT .6, ., or affbalthe subsegnM exercise of the same A& or remedy by D= for any fuuther or subsequent default by the Recipient. Any power of approval or disapproval • vM Ap21p� is, 2009 sttitww- cc -15- _. - 22A-4of 3QS granted to FCT under the terms of this survive the terms and life of this 3. The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seq.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public acco»ndations, transportation, State and local governtnent services, and is te2ecoamoamnmicatiAas. 4. A person or affiliate wbo has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit lease bids on Ieases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of thirty -sir (36) months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. 5. No fiends or other resources received frrnm FCT in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. This Grant Contract embodies the entire alert between the parties. IN WITNESS F, the parties hereto have duly executed this Orant Contract CNy FL4RIDA TRUST By: t x� Ree`y Title Ci tamer - C << 7 granm iViamager Date: Z 0 Date: Approv rm�nd 'ty►; to arm and Legality. Print e: Hobert A. Giasb�aA Kndw L. Coons, Trust Counsel ATTEST: sally A. ma $, C - City Clerk 0�09�-W9P1 AP& A2M smww - cc i ' J Contras No. GY,G"l-a-JV'M /41.&W • --,-:::F" Pjioot Ne: 08-&M;6: V l CONFMMTr14LIW AGREEMENT This is a Confidentiality Agreement ("Agreement') pursuant to Rule 9K-10.005(3J Florida Administrative Code (F.A.C.). Parties to the ConfIdentlelity Agreement: The City of Sebastian ("Recipient"), a local government of the State of Florida, and the FLORIDA COWAUNrM TRUST C FCr5, a non -regulatory agency within the Department of Community Affairs. Parcels Covered by this Agreement: This Agreement covers all parcels identified as part of the project site in SMWW application 084003WWI that was selected for finding and is governed by a Giant Conirect for FCT Project Number 084003 WW1 ("Project Site"). Confidentiality: a) Pursuant to Rule 9K-10.002(8), F.A.C., the term "Confidential" refers to information that shall not be available for public disclosure or inspettion and is exempt from the provisions of Section 119.07, Florida Statutes (F.S.). b) The Recipient and its agents shall maintain the confidentiality of all appraisals, offers, and counteroffers as required by Section 125.355(ixa), F.S., for counties, or Section 166.045(lxa), F.S., for municipalities, and Chapter 9K 10, F.A.C. The Recipient may disclose such confideastW • information only to the individuals listed herein below. e) Requests to add persons to the disclosure list shall be made in writing. Upon the written consent of the FCT Commnwily Program Manager, the Recipient shall execute an Addendum to the Agreement. All confidentiality requirements outlined above shall apply to individuals added to the list. d) The undersigned board members and staff of the Recipient and its agents, if any, agree to maintain the confidentiality of appraisal information, offers and countm offers concerning FCT Project Number 08-0003-WW1, as required by Section 125.355 (1)(a), F.S., for counties or Section 166.045 (IXA), F.S., for municipalities, Chapter 9K-10. F.A.C., and this Confidentiality Agreement between the Recipient and FCT. • 1 0&oD.-VM 4M#199 226 oF395---- e) The zmdeisigned certify that they have no legal or beneficial interest in the Project Site. Date Recipient Board Member, Signature Staff or Agent Name 4/22/2009 4/22/2009 4/22/2009 4/22/2009 112009 4/22,(109 4 22/2009 4�22/2009 Hayor Richard H. Gillmor vice myor Jim Hill Council Meader Andrea Cay Cmwdl I'kmber We SimdIck Cauccil ?Sambas Eune Wolff Al Mhum, City Hmegier Rd)eoea Groben, Qwwth Hamt. Div. Robert . City Atbmmey Sally -A. Kdo, City Cleric Date: 4 12-W 04 Approv to form and legality: By: Robert A. Ginsberg Title: City Att=W ATTEST ��ity -- Sally A. nib, Clerk • 2 FLORIDA COMMUNITIES TRUST By: Ken Reecy OF Community PW8= Manw Date: S-1-09 Approvedasto fom4 and legality: By: Kristen L. Coons Title: Trust Counsel 227 of lO) FCT Contract Number 1Q7.61,6I - M- F9 Ai_00) • FLORIDA COMMUNITIES TRUST W W 1 Award Number 08-003 . W 1 SEBASTIAN WORKING WATERFRONT COLLABORATIVE ADDENDUM I TO GRANT CONTRACT THIS ADDENDUM I is entered into by and between the FLORIDA COMMUNITIES TRUST (FCT), a nonregulatory agency within the State of Florida Department of Community Affairs, and the CITY OF SEBASTIAN, a political subdivision of the State of Florida (Recipient), this day of 2010. NOW IHMFO IR/E, FCT and the Recipient mutually agree as follows: W11EREAS, the parties hereto entered into a Grant Contract which sets forth the conditions of conceptual approval that must be satisfied by Recipient prior to the receipt of the FCT Florida Forever award and the restrictions that are imposed on the Project Site subsequent to its acquisition with the FCT Florida Forever award; WHEREAS, the initial term of the Grant Contract expires April 15, 2010-, WHEREAS, the Recipient in accordance Section 2 of the Grant Contract has timely submitted • to FCT a written request for extension of the April 15, 2010 deadline; WHEREAS, Section 2 ofthe Grant Contract states that the Grant Contract may be amended at any time and any modification must be set forth in a written instrument and agreed to by both the Recipient and FCT; WHEREAS, the parties hereto desire to extend the term of the Grant Contract; NOW THEREFORE, FCT and the RECIPIENT mutually agree as follows: 1. Notwithstanding the language of Section I of the Grant Contract the parties hereby agree to revive it nunc pro time as though it had not lapsed in accordance with paragraph 1. 2. In every respect, this amendment is to be construed and applied as though the parties had both signed it before April 15, 2010. 08-003-WW 1 April 15, 2010 GCAMD.1 • 228 of 30-5- - 3. The Grant Contract by and between FCT and the Recipient is hereby extended until October 15, 2010. . This Addendum I and the Grant Contract embody the entire agreement between the parties. All other terms and conditions not specifically referenced in this agreement remain the same and unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed this Addendum I. CITY Al A City Approved as to Form and Legality: gy---4� 7 Robert A. Ginsburg -v 08-003-WW l April 15, 20I0 GCAMD.1 • FLORIDA COMMUNITIES TRUST BY. 4".1 ]&� Ken Reecy Community Program Manager Date: S-11 it) Approved pwto Form and Legality: By: Kristen L. Coons, Trust Counsel 229 of 305 — This docmw prepared b): Kfatm L toonk FoaaC Tow 2555 M merd bAVD14 TWWwwd, FL 323" 20774B4 rtna �r aoatueHas sEEH RE?CORQEO 131 r PUBLlC RECOR OF 19MAN RIVER COUNTY FL 9K 2431 M.10B. Pegs1 of 12 0?A2Mb a111fi3 AM. JEFFREY KOWON. CLERK OF OG FLOPMA COMMilNIT1L.S TRUST MWW1 AWARD #08-003-WW1 Fa Cocci #09-CT B1-08-F&G2 wi SEDAS71AN WORKING WATERFRONT .DECLARATION OF Y 29MCIM COVENANTS TMS DBCLARATM is entored into by and betwm the FLOMA COiiM W �_A I A48 TRUST C-IzC ;a nomegalmry agency vritlathe State ofFlorida Department of CvmmuniWA93ra, and the CM OP MASTIfAN, apolitical subdivision ofthe State of Florida ("Rediplent"�. TEAS DEd ARATION IS ENTMM HM. BASM 014 TIM FOLLOWING FACTS: WlMU",p. the6 iatent of this Decieretion is toimpose terms and conditions on tho use of state fimds and the Isnds .aoguired with wiab sto Iimds, es describe an 9Xhibit Oe attacw.heteCo and made a .part hwQt "Mje d Site'), that am necessary to ansum gompliance with appljoble Florida law and to othes%jw implameat the provisions ofSecdons 259.105, 259.105I and Chapter 380, Part 111, Florida Slartitas; Is 'tlVi3M", a2aptV380, part III, Fla. Star., the.Florida Commupities Trust Act, creates a non-regulatpry ageztqw Mn The Department of-Co=w* AII'airafDepartmenn that w01 assist local.governmOM in bringing into cQmVlimniae and implementing the mservation, recreation and open space, and coastal dlemepts of their WnWrehensive plans vein oonservingoatural resources and resolving land use convicts by providing financial assistance to local y 0.II 10"A� Y, Alft;hna nonprofit wor*g watesfiotrt organizations, to car out projects and activities auk by the Florida CY;.,,,... ..L'es Trust Act, WHj3RW,'the.pwple of the State of Florida -are (xmce'arned about the loss of adequate access to tidal waters for the commercial harvesting of wild and.aquacultumd marine ,',6:6_4 L,64 within the State )DfFl06 ; wMMW. FCf is funded through either Section 259.103(3Xe), Fla. Star. of the Florida Forever Ant, which provides .for the distribUtiob of two point five percent (2.5rYo), less certain reductions, of the oet 1;lorida Forever Revenue Bond proceeds to the Departmen4 or any other revenue source desig,aated by the Florida Legislature, to provide land acquisition grants to local govemaents and nonprofit worl#ng water&orit organizations for the acgWsipon, of working DROOS-003-WW1 6/11/2010 P 4 VIB EREAS, the State of Florida, acting by and through FCT, and the Recipient seek to permanently preserve and conserve the Project Site as a worlang waterfronts since the Project Site • has significant value as working waterfront real estate to provide access to tidal waters to support or to provide diced -services to Working Waterfronts Businesses; MMEAS, Rule 9K 9, Florida Administrative Code ("F.A.C."), sets forth the, procedures forthe evaluation and selection of lauds proposed for acquisition and Rule 9K 10, F.A.C. sets forth the -acquisition procedures; WHEREAS, FCT has approved the terms under which the Project Site was and the deed whereby the Recipient acquired title to the Project Site_ The deed.shall contain such covenants and restrictions as are sufficient to ensure that the use of the Pioject Site at all times complies with Section 375.051, Florida Statutes and Section 9, Article XH of the State Constitution and it shall contain clauses providing for the conveyance of title to the Project Site to the Board ofTrustees of the Interval Improvement Trust Rind ("Trustees'l upon the failure ofthe Recipient to ute Cite Project Site acquired thereby for such purposes; WHEREAS, the purpose of this Declaration is to set forth the covenants and resWctiomthat are imposed on the Project Site subsequent to disbursing FCT Florida Forever finds to the Recipient for Project Costs; and, WHEREAS, this Declaration constitutes arestriction and covenant that shall foreverrunwith the land and is binding upon the Recipient, its successors, and assigns in the event of any transfer, • sale or foreclosure of the Project Site. NOW T BEREFORE, in consideration of the mutual covenants and underWdngs set forth herein, .and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, FCT and the Recipient do hereby contract and agree as follows: L PERIOD OF AGREEMENT 1. This Declaration shall begin upon execution by both parties. The covenants and restrictions contained herein shall run with the Project Site and shall bind, and the benefit shall inure tb, FACT and the Recipient and their respective successors and assigns. H. MODIFICATION OF DECLARATION 1. Either party may request modification of the provisions of this Declaration at any time. Changes which are mutually agreed upon shall be valid only when reduced to writing and duly signed by each of the parties hereto. Such amendments shall be incorporated into this Declaration. III. RECORDING AND APPROVAL OF DECLARATION OF RESTRICTIVE DRC108-003-WWI 6/11/2010 231 of 305 KID 1. Upon execution by the parties hereto, the Reeipieat shall cause this Declaration to be • recorded and filed in the official public nmrds of Indian River County, Florida.. and in such manner and in such other places as FCT may reasonably request. The Recant shall pay all fees and charges io=W in mmeetion therewith. 2. no Recipient and FCT agree tbtat the State aMorida Deparbmeat of Envlronmeniai Protection shall fors W ibis Declaration to the Department of F,nvironmontAl Pzditdon Bond Counsel for review. In The event Band Cou ml opines that an amemimout is requited to this Declaration so that the tax-mmpt status of the FlQft Fbtever Bonds is nett jeopa 4WA FCT and the Ro*fen t shall amend the Declaration accordingly. IV. NOTICE AND CONTACT 1, All notices provided under or pursuant to this Declaration shall be in wriftg Aad delivered chh" bY hand delivery or first :class, certified mail, ottun reftipt req;wWd, to the addresses specified below. Any such notipo shall be deemed received on the date of ddiivety if b� personal deliVay or upon actual receipt if sent byre&ered ma. FCT: Florida Communities Thist Departmentof Commtmq Aflhirs 2555 Shumard Oak Blvd. '1 WIabassee, FL 32399-2100 • ATM Pnigramt Manage' Reeipieu t ATTN: 2. In the event that a diffezeaxqwasentative or• -js 8esignated forpgr VMh 1. above altar. Bare don of this Declaration, notice ofthe change shall be reuderedto FCT as.prWded is parograph 1, above. V. PROUCT SITE TTTLT REQZJMMENTS MV09$D .BY .CHAPTER 2590 CHAPTER 375AND CHAPTER 3 . PART M F" S"TAT. 1. Any transfer of tote Project Site;h4 be subject to the approvd of FCT lad FCT shall enter into a new agreement 'with the transferee containing such oovenonts, clauses or other restrictions ,as are suf . tcient to- protect dw interest of the State of Florida. DRC108-003-WWI 6/3-1/2010 20D SIlr 2. The interest acquired by the Recipient in tine Project Site shall not serve as securityfor any debt of the Recipient. 3. If the existence of the Recipient terminates for any reason, title to the Project Site shall be conveyed to the Trustees unless FCT negotiates an agreement with another local government, nonprofit environmental organization, the Florida Division of Forestry, the Florida Fish and Vrjidlife Conservation Commission, the Department of Enl.,s,......,; 1.J Protection or a Water Management District who agrees to accept title and mnanage the Project Site. 4. In the event that the Project site is damaged or destroyed or title t+o the Project Site, or any part theredt is taken by any governmental body through the exercise or the threat of the exercise of the power ofeminent domain, the Recipient shall deposit with FCT any insurance proceeds or any condemnation award and shall promptly commence to rebuild, replace, repair or restore the Project Site in such manner as is consistent with the Declaration. FCT shall make any such insurance proceeds or condemnation award moneys available to provide furids for such restoraded work. In the event that the Ra4ieut fails to commence or to complete the rebuilding, repair, replacement or restoration of the Project Site after notice from FCT, FCT shall.have, the right, in additioh to any other remedies at law or in equity, to repair, restore, rebuild or replace the Project Site so as to prevent the of a default hereunder. Notwithstauding any of the foregoing, FCT shall have the right to seek specific performance of any ofthe covenants and restrictions of this Declaration concerning the construction And operation ofthe Project Site. • VL MANAGEMENT OF PROJECT.SITE 1. The Project Site shall be managed only for the conservation, protection and enhancement of working waterfronts, along with other related uses necessary for the accomplishment of this purpose. T$e proposed uses for the Project Site are specifically designated in the Maaagernent Plan approved by FCT. 2. * The Recipient shall ensure that the future land use designatianassigued to the Project Site is for a category dedlaated to working waterfront uses, as appropriate. If an amendment to the applicable comprehensive plan is required, the amendment shall be proposed at the next comprehensive plan amendment cycle available to the Recipient. 3. The Recipient shall ensure, and provide evidence thereof to FCT, that all activities under this Declaration comply with all applicable local, state, regional and federal laws and regulations, including zoning ordinances and the adopted and approved comprehensive plain for the jurisdiction, as applicable. Evidence shall be provided to FCT that allrect*ed Iicenses and permits have been obtained prior to the commencement of any construction. 4. The Recipient shall, through its agents and employees, prevent the unauthorized use DRC108-003- W1 06/11/2010 4 233 of 105 of fePwject Site orany use thereofnot in conformity with the Maneg=aA?hn Approved by FCT. 5. FCT staff or its duly authorized representatives shah bave the H& at any time to • inspect the Pr rod Site and the operations of the Recipient at the Project M. 6, All. buildings, structures, iwpravemeuts and signs shall requite the prior written approval of FCT sa to purpose. Furfer, tree removal, other than non-native species, aadm� or land alterations shall require the written approval of FCT. The approvals requked from FCT shall xot be unreasonably withheld by FCT upon sufflcieut demanshrabien that thapvposed st rudare. , buildings, i�mproovemeutk mps, vegetation removal or lurid -rations will not a&ersely impact the na ural resources or worts wat a out aspects of the PwIed site. Fars approval of the Reeipieufs Mansgement Pisa ad� the items motioned herein shall be considered writteanppzoval from FCT. 7. if archaeological and historic sites are locked on the Project Site,the Recipient shall =Vly wi& Chgka 267, AL $tat. The colleWou of a facts . from the Pmject Site or the distMr 4= ofarchwological and historic sites -on the Project Site shall be grahlt hart sinless prior Wn-thm artthot don has been Obtained from the Department of State, Division of Mstonc al S. As jeguirW by Mule 9i. 9, V. 4 C., each year after FGT UwnburMMw of Project Casts .the RecipW smell prepare and submit to FCT an annual stewardit report gW-do maents tine p"g,rrfade on impliienfiing the Management Ptah, • VM MCIAL-MANAGMI MENT COMMONS In additionAo the Management Plan conditions already descAW in this Agc`eement,,which apply to all sbs aoqWred with FCT Awds, the Management Plan shall address ilk following conditions that an particula r:tb the project situ and result from either moons mAde in the sppgc400nt that received aroring:points er observations made by FCT staff during the site visit described in Rai le, 9K 9.007., F.A.C:: 1., 7t e.future lanai use ad zoning designations ofthe project site shall be changW.to Working Wateri'ronts or o9w similar category. 2. A perOwent recognition sign, at a rnipaimrun size of 3' x 4', shall be maintaiped-at-dw entxaaceAM of the project site. 'Me sign shall ackWwledge that # w pt+ojed site was porcsesed with funds ftm the Florida Communities' Trust Program and the Rwip%t. 3. .Af* 01084 the existing land lease will be transfer to the Recipient. DRCttl&M-Wm 234 of 305 4. Annually the Recipient will provide a letter from the Department of Environmental Protection stating the Recipient is in compliaace with Chapters 253, 25.8, 373 Part IV and 403 Florida Statutes and the submerged land lease for all facilities :or structures on the Project Site • that are located over state sovereignty submerged land and that applicable fees or wetslip certification forms are current or that the facilities. 5. One of the existing buildings on the project site will be used as a working waterfront building and the other as an educational site highlighting the cultural and historic heritage of Florida's traditional Working Waterfronts. 6. Permanent structured displays of artifacts and other items shall be provided that provides information about the economic, cultural or historic heritage of Florida's traditional Working Waterfronts. 7. Interpretive kiosk or signs shall be provided that educate the public about the economic, cultural, or historic heritage of Florida's traditional Working Waterfronts. VIII. RECORDKEEPING; AUDIT REQUIREMZNTS 1. The Recipient shall maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of hinds under this Declaration. These records shall be available at all reasonable times for inspection, review or audit by state personnel, FCT and other personnel duly authorized by FCT. "Reasonable" shall be construed according to the circu=tances, but-ordwarily shall mean the normal business hours of 8:00 am. to 5:00 p.m., local time, Monday through Friday. 2. If the Recipient expends a total amount of State financial. assistance equal to or in excess of $500,000 in any fiscal year of such Recipient, the Recipient must have a State single or project -specific audit for such ;fiscal year in accordance with Section 215.97, Fla. Stat., the applicable rules of the Executive Office of the Governor and the Comptroller and Chapter 10.550 (local government entities) or Chapter 10.650 (nonprofit organizations), Rules of the Auditor 04neral. In determining the State financial assistance expended in its fiscal year, the Recipient shall consider all sources of State financial assistance, including State fluids received from FCT, other state agencies and other non -state entities. State financial assistance does not include Federal direct or pass - through' awards and resources received by a non -state entity for Federal program matching requirements. The funding for this Declaration was received by FCT as a grant appropriation. In connection with the audit requirements addressed herein, the Recipient shall ensure that the audit complies with the requirements of Section 215,97(7), Fla. Stat. This includes submission of a reporting package as defined by Section 215.97(2)(d), Fla. Stat. and Chapter 10.550 (local government entities) or 10.650 (nonprofit organizations), Rules of the Auditor General. .DRC108-003-WW1 •6/11/2010 235 of 305 - 3. If the Recipient mWea&.less than $500,000 in State f>i=CW assistance in its fiscal year, an audit miducted In mcmdm= with the provisions 4f Section 215.97, Fla. Stat. is not required,. If the Recipient elect$ to have au audit conducted in accordance with the provisions of • Section 215.97, Fla Stat.4 ft cost of the audit mustbe paid from rtonZtede holds (i.e., the cast of such an audit must be paid from Recipient fiords not obtained from a State entity). 4. Themmalfinancial.auditreport shall inclnde all m0ng0aeatlettm8,theR:e*eds respond. to 0 findings, -including comedive actions to be, tan, sad a -sdttdules of uncial assistmo sprMealfy 3deuti g all. Declaration and outer revenue by sponspti�ng agc�mey and afire ment,Aumbec Copies of finanmd reporting packages mpred under this ;Aftle shall be submitted by or on behalf of the Recipient directly to each ofthe following: of Community AMW (at each ofthe follomAng . : Office of Audit Services 2555 Shumttard Oak Boulevard Tallahassee, Florida 32399w2100 and Florida Communities Trost 2555 Shumstd Galt Boulevard Td shsssee, Florida 32399-2100 State of Norida Auditor General at the following address: motor general's Office • . Room 401, Claude Pepper Buie ftV2 11 I West Madison Street Tallahassee, Florida 32302-1459 5:. Yf the auditshows thavaay portion ofthe funds disbmm dhe%m)Wer wM notspeXin acw darYcei. mft the, conditions of this Declatatlou, the :Recipient shall be held liable for reimbursMent to FCT of fiitids not spent in accordance with the appi.�c tiblalti guladom and Declaration prmlions*0iin tifty (30) days after FCT hat notified flu;: ]bbipotdnt of so* nob- �mP� . d, She Recipient shall retain all finaucial records, swgft, documents, ' '.cal lecords.end:agy other documenb pertinent to this Declaration. for aperiod of flVeye" m' after Ow date of submission ofthe final =Wft #tares report. However, if litigation or au aw4t'has beminitiate d priorto the eaphadon ofthe five-year period, the records shall be retaine4until the litigatimeraudit findings. bove beft resolved. 7. The Recipient shall have ail audits completed in accordance with Section 215,97, DRC108-003-W Wl . 6-%12/2010 GJb OI 3U3 Fla. Stat performed by an independent certified. public accountant (" IPA') who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. • DL DEFAULT; REMEDIES; TEPJM NATION 1. if any essential term or condition of the Declaration of Restrictive Covenants is violated by the Recipient or by some Nrd party with the lmoWledge of the Recipient, the Recipient shall be notified of the violation by written notice given by personal delivery, registered mail or registered expedited service. The recipient shall diligently commence to cure the violation or complete coring activities within thirty (30) days after receipt of notice of the violaation. If the curing activities can not be reasonably completed within the specified thirty (30) day time frame, the Recipient shall submit'a timely written. request to the FCT Program Manager that includes the status of the current activity, the reasons for the delay and a time fimne for the completiou of the curing activities. FCT shall submit a written raponse within thirty (30) days ofreceipt ofthe request and approval shall not be unreasonably withheld.. It is FCT's position that all curing activities shall be completed within one hundred twenty (120) days of the Recipient's notification of the violation. However, if the Recipient can demonstrate extenuating circumstances exist to justify a greater extension of time to complete the activities, FCT shall give the request due consideration. If the Recipient fails to correct the violation within either (a) the initial thirty (30) day time frame or (b) the time frame approvedby FCT pursuant to theRedpient's request, fee simple title to all interest in the Project Site shall be conveyed to the Thistees unless FCT negotiates an agreement with another local government, nonprofit environmental organization, the Florida Division of Forestry, the Florida Fish and Wildlife Conservation Commission, the. Department of Environmental Protection or a Water •Management District, who agrees to accept title and manage the Project Site. FCT shell treat such property in accordance with Section 380.508(4)(e), Fla. Stat. X. LEGAL AUTHORIZATION I . The Recipient certifies with respect to this Decl.�tion that it possesses the legal authority to receive funds to be provided under fbis.Declmidon and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this bw1aration with all covenants and assurances contained herein. The Recipient also certifies that the undersigned .possesses the authority to legally execute and bind the Recipient to the terms of this Declaration. XI. STANDARD CONDITIONS 1- This Declaration shall be construed under the laws of the State of Florida, and venue fvr any actions arising out of this Declaration shall lie in Leon County. If any,provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict and shall be severable, but shall not invalidate any other provision of this Declaration. DRC108-003-WW1 • 6/11/2010 g I 2. No waiver by FCT d any right or remedy :granted hereunder or failure to insist on strict performance• by the Recipient shall affect or exteud or act as a waiver of any other right or • remedy oUCTherpvnde r, or effeeot the subsequent examse ofthe same right or r medy by FCT for any further orsubsequent default by the Recipient. 3. Tho Recdpient agrees to comply with the Americans M% Mobilities Act (Public 1AW 101-336, 42 VS.C. Sttioa 121.01 g sW, if applicable, which prddiscrimination.by public and private antitias on the basis of disability in the areas of omploymmit puble acaemmodatiops; t portation, and local govcrn>r gW services, anti iu ttlecommw�icatiions. 4. A ptmn or o lift who has been placed on the caayided vador list following a 40 viation for a pbilic entity a dmo or are the disenminaLa. vendor list may not smbmk a .bid on a camtactlis provide any goods a sd vices to a public antity, may not Munit a bid on a contract witb.a p;O& entity Artbarmw1rue ioaorr**ofapublic building orpubIcwork mquot submit lease bids on l of .mat property to a public entity, may not 'be aWatd$d or perform work as a o mhuctor, sVplidr.. sabdontractot, or consultant under a contra¢t with a publicerrt , ad nosy not VGnSRctbUsfiW$.W1th 9W public eaft in excess of Category Two for apariod of 36 moues from &e #ate of being placed on the convicted vendor list or on the vendor.list. 5. Wo, f4ads orAther resources received from FCT in omectiou with this Declaration may be used.dirft* o r indirectly to influence legislation or any o*er McW lion by the Florida Xe9wafte or aqy stair agency. TW Declaration Including Exhibit "A" embodies the entim agrwn=t betwemthe parties. DRM8a3WWI • 011/20io 238 of 30 • • IN Wn ESS Wi3BREOF, the parties hereto have duly eatecuted this Declaration. A" STATE OF FLORIDA COUNTY OF HMMAN RIVER CTTY OF SEBA3DJAN, a political sub 'si of the Stair of Florida Debe: Zk • AppWmlo, F and Legality: PrintName: Rix' J1 • trtsSXi2� The fo ins insuvment was admov iedged before me this !3 * of Tun 6 , 2010, by H f fYl i n n et on beef of to Local Qaveln�aneut. auil Who is personally known to me. �� Fe�►t1 �uarec�► flefhWAM MMON 9 DRC108-003-WWI i6l11i2010 10 public 11 P&tMama sli'QtY1trft wi1�t 1.iajn,S Commission No. D D 43W5Z My Commission Expire. 2 Z8 23P9 of 305 - Witness: • FLORIDA CoriIlVii MIES TRUST Br: Ken Reecy, ComMu �Pmamglvr Florida Comm tdUes IhA Dille: . (;''.V"{.n Apgor#n and Legality: By; Kristen L. Comk% Trtt Co>msei STATE OF l ARMA COUNTY 4F L M The fmgomg instnunem was wbowledged before mo this 2010, by*n,Remy,C ; ,.: 11 ProgramMWu4 ea,FloridaCmmuhitiesTnn$4hoispmonelly iaQo� m ma • ARC108.003-WW1 06/11/2010 11 4� 1 A 6u" Public Print Nmnes Commission No. Any Cbmadsdon EXPIM s: 240 of 305 . EXl3IDTT "A" DANCU PARCEL Lots 1, 2 and 3. Block 2, h iddleton's Subdivision of City of Sebastian, according to the map or plat thereof as recorded in Plat Book 2, Pdge 56, Public Records of Indian River County, Florida IDOCiETIM WITH From a point of beginning at the intersection of the South line of Gove mment Lot 2, of Section 31, Township 30 South, Range 39 East, Indian Rivea County, Flotlda and the Mean WO Water Marls of Ow West bank of Indian River, rum West along said South line of Governmental Lot 2 a distance of 80.05 feet, more or less, to the East rj&-of-way of Old U.S. Highway No. 1, said right—of—way being 66 feet in width; thence nun North 25 degrees 22 minutes West along said 13ast right-of-way line a distance of71.45 feet; Then nv Pmk parallel to the South line of said Goverpm%atal Lot 2, a distance of 94.89 feet; duce run North 70 degrees 45 minutes Bast a distance of 132.03 feet to the established bulkhdad lice; thence run South 25 degrees 22 minutes Had along said buWmd line a distance of 66.43 fee4 thence nm South 70 degrees 45 minutes 'West a distance of 14550 feet to the point of beginning on the Mean 1310 Water Line of Indian River and on the South line of said Government Lot 2; AND ALSO all of that part of Lot 1, Block 1, MOI)LBTOW S 3UBD"ICN OF CITY OF SEBASTIAN, according to plat thereof recorded in Plat Book2, Page 56, Public Records of ladian Rivet County, Florida Iytng Past of Indian River Drive (Old U.S. Hwy #1) and described as follows: From a point beghmbg at the Mean Haigh Water line of the West shore of the Indian River on the TowwJdp Line Between Township 30 South and Township 31 South; ran West along said Township line (same being the North line of said Lot 1, Block 1, MIDDL ows SUBDI14MON OF CITY OF SEBASTIAN, a distance of 80.05•feet more or less, to the East right -of way of Indian River Drive (Old U.S. highway No. 1) said right-of-way being 661htit itn width; than" run South 25 degrees 22 minutes East along said East right. -of way a distance of 90 feet; thence ran North 80 degrees 00 minutes 00 seconds Bast a distance of 113 feet more or less to the Mean high Water Line of the Man Rivet, thence meander the Mean Hight Water Line in a Northwesterly direction to the point of beginning. ROWSKI PARCEL e South 13 feet of Lot 1 and all of Lot 2, Block 1, Nddleton's Subdivision, According to the Plat recorded in Plat Book 2, Page 56, Public Records of Indian River County, Florida, more particularly described as follows: Beginning at the intersection of the South line of lvliddleton's Subdivision and the East right of way line of Indian River Drive (being.a point 37.15 feet due Best of the centerline of Indian River Drivel the Point ofBegiuuing: Thence Northerly 118 degrees 41 minutes 37 seconds along the East ri$ht• of -way, a distance of 184.75 feet more or Iess to a concrete monument markod ".V; thence tun Sass 10' North of due Bast to the high waterline of the Indian River; thence Southerly along the high water line of said Indian River to a point intersecting the Easterly projected South line of Middleton's Subdivision and the high water line of the Indian River; thence West to the point of beginning. Being a part of Gove nn of Lot 4 Section 6, Township 32 South, Range 39 East. Together with an upland, submerged land, )ittoral rights, shore rights and riparian rights lying to the East thereof to the center of the Indian R4n►qnttk#iq a #t tj Hime appertain to the property above described. END OF LEGAL DESCRI1MOJl, �. DRCl08-003-WW1 6/ 2a10 12 4 211 -" 38: �Xh�b�t C 4aase Sub'�erged `and ZAZ 0f 3o5 • LEGAL DESCRIPTION UPLAND PARCEL . THE SOUTH 1-3 FEET OF LOT 'I AND ALL OF LOT 2, BLOCK 1, MIDDLETON'S SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 2, PAGE 56, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS. BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF MIDDLETON'S SUBDIVISION AND THE. EAST RIGHT-OF-WAY LINE OF INDIAN RIVER DRIVE (BEING A POINT 37.15 FEET DUE EAST OF THE CENTERLINE OF INDIAN RIVER DRIVE), THE POINT OF BEGINNING; THENCE NORTHERLY 118041'3r ALONG THE EAST RIGHT OF -WAY LINE OF INDIAN RIVER DRIVE, A DISTANCE OF 184.75 FEET MORE OR LESS TO A CONCRETE MONUMENT MARKED W; THENCE RUN EAST 100 NORTH OF DUE EAST TO THE HIGH WATERLINE OF THE INDIAN RIVER;. THENCE SOUTHERLY ALONG THE HIGH WATER LINE OF SAID INDIAN RIVER TO A POINT INTERSECTING THE EASTERLY PROJECTED SOUTH LINE OF MIDDLETON'S SUBDIVISION AND THE HIGH WATER LINE OF THE INDIAN • RIVER; THENCE WEST TO THE POINT OF BEGINNING. BEING A PART OF GOVERNMENT LOT 1, SECTION 6, TOWNSHIP 32 SOUTH, RANGE 39 EAST. TOGETHER WITH A UPLAND, SUBMERGED LAND, LITORIAL RIGHTS, SHORE RIGHTS AND RIPARIAN RIGHTS LYING TO THE EAST THEREOF TO THE CENTER OF THE-INDIAN RIVER TO THE EXTENT THAT SAME APPERTAIN TO THE PROPERTY ABOVE DESCRIBED. SUBJECT TO ALL LIENS, EASEMENTS AND RESTRICTIONS OF RECORD, 1F ANY. • 243 of 305 _._. • This lostrumeot Prepared lay: me J Scon Rem* Revenue Seedo Bureau ofPublic Land Administration 3900 Commonwealth Boulevard Mail Station No. 125 Tallahassee, Florida 32399 2086882 THIS DOCUMENT HAS BEEN RECORDED IN THE P11B,1C RECORDS OF INDIAN RWER COUNTY FL BK 2441 PGMZ Paput of 15 0817U2MO at 1201 PM. JEFFREY K BARTON, CLERK OF COURT BOARD OF TRUSTEES OF THE RaIMAL D ROVEhUM TRUST FUND OF THB STATE OF FLOPMA SOVEREIGNTY SUBMERGED LANDS LEASE RENEWAL MODhIi+ICATION TO INCREASE SQUARE FOOTAGE AM REFLECT CHANGE IN OWN1 MHEP BOT FILE NO.: 310006494 PA NO TIRS LEASE is hereby issued by the Board of Trustees of the internal Improvement Trust Flmd of the State of �lorlds, bmWnafterrefirred to as the Lessor. WTTTf1: That far and in consideration of payment of the annual lease fees hereinafter provided and the faithful and timely Parfmmance of and compliance whh all terms and conditions stated herein, the Lessor does hereby lease to the 9& of Sebastian. F1on& hem da referred to as the Lessee, the sovereignty loads descnbed as faIIOws: A parcel of novae** submerged land in Section 96, Township 31 Sou lit Rsagc 39 Fask in tke k"River. Indian River County, contakft 20,955 square feet, more or less, as is more particularly d=ril)ed and shown on Anachment A. dated hme 4,201 TO HAVE THE USE OF the hwainabove described premises from fro 2& 20I0. the effective date of this modified lease renewal, through August 15. 2014, the expiration date of this modified lease tenewaL The Norms and conditions on and for which this modified leas8 renewal is granted are as follows: 1. USE OF PROPERTY: Tire Lessee is hereby authorized to construct and operate a 13-din ' Amin and non-wat w building sft j jM +e exclusively to be used for 1'l2MAS £sh g uW , r : iL_ nisi in conjunction with an upland oaommpgft W for marim Ateling des, g hh a sewage pumpout facility if it greets the regulatory requirements of the State of Florida Department of Environmental protection or State of Florida Departmeat of Health, whichever agency has jurisdiction, and yftom Hveaboards as defined in paragraph 29, as shown and conditioned In • ttechment A. All of the foregoing subject to the remaining conditions of this lease. 2 LEASE FEES: The Lessee hereby agrees to pay to the Lessor an idial a naW lease fee for the ceded area Q= square feet) of $449�11,• phis 25 percent surcharge and sales tax pu rsaant to Section 212.031, Florida Statutes, if applicable, within 30 days of teceipt of this fully executed modIffed lease. The manual fee for the remaining years of this lease for the entire lease area (20,355 square feet) shall be adjusted persuaat to provisions of Rub 18-21.011, Florida Adm', , ��.� , ;' 16, Code. The $tape of Florida Department of Enc. L L;1 Protection, Division of State L.ands (rho "Division") will nottfty the Lessee in ....:.:......s�r,.................,t.i.. a.. , a......o ...a....L __.�. , ,.... ........ .._,_..... 244 of 305 i 3. WET SLIP RM TAL CERWCA170MENYLEMENTALSAXM®�1'f: (A) The Lessee shall provide upon request by the Lessor my and all information in a cerMed form heeded to calculate the lease fee spodfied in paragraph two (2) above, inchding the kcame, w4ofiwd in subsoction 18-21.003(31), Florida Administrative Code, derived ditudy or indirectly from the use of sovereignty submerged lands on an annual basis. When sic percent (6%) of said amoral income exceeds the base &e or miniamm amoral fee established pursuant to Rule 18-21.011, FlorWa Mnikhtrative Code, for any lease year during thetesm of this lease, the Lessor shall sand the Lessee a suhpplemental involoe for the diflaeamce in the amounts for that lease year. (8) The no3bnrment or agreement used by the Lessee to transfer or assign the right to use a wet slip at the leased docking faolity to a third party shall include a provision that clearly notifies the wet slip radw/osedholder that ff the wet slip tentrAnalholde r subsequently transfers his rigbt to use said wet slip to another party, die instrument or agreement used to transfer said wet slip shall oonlain a provision that requires six percent (6%) of the annual gross income derived dorm said instrument or agreement for the use of said wet slip be paid to the Lessee who, upon receipt, shall report and transmit said amount fie the Law. the instrument or agreammt used by the IA= to transfer a wet slip shall also iachWe a provbjen mat clearly notifies the wet slip renter/userlholder that no intent in said wet slip may be fardter ;, /,. A unless a substantially similar provision to the one contained In the preoeding sentence is placed in each succeeding instrument or agreement used to transfer said wet slip to each new wet slip rentevUsedhplder. 4• LAIM ME ASSUSKRM- The Lessee shall pay a late payment assessment for lease fees or other charges due under this lease whA are not paid Within 30 days after the due data This assessment shall be computed at the rate of Min per neat (12%) per aw— calculated oa a daily basis for every day the payment is late. 5. EXAIIdINATION OF LESSEE'S RECORDS:. For purposes of this lease, the Lessor is hereby spoa fically and � ..,, . , 6, 6, 1 to examine, for the term of this lase including any extensions thereto plus three (3) additional IW as, at all reasonable- horns, the boola36 records, oonnsrts, and other documants 2. g and pertaining to the computWon of annual lease payments as specified in paragraph two (2) above. 6• • Thu Lessee shall maintain separate accounting retards for: (i) the gross revenue derived directly from the use of the leased promises, (!i) the gross revenue derived indirectly from the use ofthe leased promises, and (rid) all other gross revenue derived from the Lessee's operations on the riparian upland property. The Lessee shall secure, maintain and keep all records for the entire tam of this lease phis throe (3) additional years. This period shall be extended for an additional two (2) yews upon request for wcamination of all records and accounts for lease verification purposes by the Lessor. 7• AQAMbMM TO EMENT OF USE., This lease is given to the Lessee to nse or occupy the leased premises only for those activities spaci6ed bereio. The Lessee shall not (i) change or add to the approved use of the leased promises as defined herein (e.g., from comme mml to multi -family residential, f vm temporary mooring to row of wet slips, from rental of wet alips to contractual agroment with third party for docking of curiae ships, from rental of recaesdonal pleasure rift to rental or temporary mooring of chartev"mur boats, from loading/olEoadmg eon MVW to rental of wet slips, etc.); (o) change activities in any manner that may have an environmental impact that was not considered in the original authorimtioo or regulatory permit; or (fit) change the type of use of the riparian uplands or as permitted by the Lessee's interest in the ripariap upland property that is morn particularly desmbed In Attachment R without first obtaining a regulatory peradt/modifed permit, if applicable, the Lessor's written authorization in the form of a modified lease, the payment of additional fees, if applicable, and, if applicable, the removal of any strnctr m which may no longer qualify for M11horLmdon under the modified lease. S. PR MTY RKi M: The 1 shall mWm no claim of title or Interest to said lands hereinbefore described by reason of the occupancy or use ther+eot and all title and interest to said land harainbefore described is vested in the Lessor. The Lessee is prohibited from i>mhWm& or making any claim that purports to include, said lands described or the Lessee's leasehold interest in said lands into any form of private ownership, including but pot limited to any form of condominium or ownership. i w Lossoo is farther prohibited form making aqv c1111106 including nay advatiseniont that said land, *ie"UWW" tihexoof; may be purchased, sold, or re -sold. 245 of 305 9. INTEREST IN RIPARIAN UPLAND PROPERTY: Daring the term of this lease, the iAssee shall maintain the interest in the riparian upland property that Is more particularly described in Attachment & and by nefierence made a }cart hereof together with the riparian rights appurtenant thereto, and if such Interest is terminated, the lease may be terminated at the option of fire lessor. Prior to sale audlor termiihation of dW Lessee's interest m the riparian upland property, the Lessee shall inform any potential buyer or ttansfiree of the Lessee's interest in the riparian upland property and the wdstenee of this lease and all its terms and conditions and shall complete and execute and dots required by the Lessor to effiect an assignment of this lease, if consented to by the lessor. Failure to do so will not relieve the Lesw from responsibility for full compliance with the terms and conditions of this lease which Include, but are not limited to, payment of ad fees and/or penalty arts incurred prior to such act. 10. ASSICNMMT OF LEASE: This lease shall not be assigned or otherwise transferred without prior written consent of the Lessor at its duly authmiud agent, Such assignment or other transfer shall be subject to the termis, conditions and provisions of this lease, current management standards and applicable laws, Tales and regulations In effect at that tiate. Any assignment or other transfer without prior written consent of the lessor sball be uuH and void and without legal of xt. 11. RUM CAT1ON/JNVFSTIOATION OF ALL CLAMS: The Lessee shall investigate all claims of every nature at its mcpense. Each party is responsible for all personal imjury and property damage attributable to the negligent acts or omissions of that party and the officers, employees and agents thereof Nothing herein shall be construed as an indemnity or a waiver of sovereign immunity enjoyed by any party hereto, as provided in Section 76828, Florida Statutes, as amended from time to time, or any other law providing limitations on claims. 12. VM4 Lessee waives venue as to any litigation arising from matters relating to this lease and any such Option between Lessor and Lessee shall be initiated and maintained only in Lea11 County, Florida 13. NO7ICBclOQM1'I.IANCHffERM1NATLQF_1 The lessee btads ftseK its successors and assigns, to abide by the provisions and condidonsherein set forth, and said provisions and conditions shall be deemed covenants of the Lessee, its successors and assigns. In the event the lessee fails or reftes to comply with the provisions and conditions herein set forth, or In the event the Lessee violates any of the provisions and conditions heroin set forth, and the Lessee fails or refuses to comply with any of said provisions or conditions within twenty (20) days of mccipt of the Lessor's notice to wired, this lease may be terminated by the Lessor upon thirty (30) days written notice to the Lessee. If canceled, all of the above -described parcel of land shall revert to the lessor. All oasts and attorneys' fees incurred by the lessor to enforce the provisions of this lease shall be paid by the Lessee. All noticas required to be given to the Lessee by this lease or applicable law or administrative rules shall be sufficient if sent by U.S. Mail to the following address: City of Sebastian, Florida Sebastian City Hall 1225 Main Street Sebastian, Florida 32938 The Lessee shall notify the Lessor by certified mail of any change to this address at least ten (10) days before the change is effective. 14. TAXES AND ASSF,,W ?dd'I'S: no Lessee shall assume all responsibility for liabilities that sterile to the subject property or to the improvements thereon, including any and all dramsgo or special assoasmoats or traces of every kind and description which are now or may be hereafter lawfully assessed and levied against the subject property daring the effective period of this lease. 15. I9IJISANC135 OR ILLEGAL OPERATIONS: The i.esseo shall nor permit the leased promises or any part 4tf to besentedces or illegal apeiatfons of any kind on the leased pt+eanises. 16. IyIA.1NT13NANCE OF FACILITY /RrGHT TO 1NSPECI • Tke Lessee shall maintain the leased premises in good condition, keeping the structures and ...!1 located thereon in a good state ofrepair in the Interests of public health, safety and welfare. No dock or pier shall be consuvcted in any manner that would cause harm to wildlife. The leased nrmniena chat] hn QnMom to incr6PM n h+v th^ T Peen ear ifs eiaoiematm oerant of *nv -9 .nol.un s'....o __ . 246 of 305 • 17. N2L-,DlSCRPAA1AnQkh The Lessee shall not discriminate against any individual because of that individual's race, color, religion, sex, national origin, age, handicap, or marital status with respect to any acbvhy oecruring within the area subjed to this base or upon heads adjacent to and used as an adjwd of the leased area. During the ime term, the i.essee shall post and maintain the placard furnished to the Lessee by tit$ Lessor in a j,:, ,:. � , � .;: and visible location on the leased premises or adjacm business office ofthe Lessee. It shall be the tesponsffiility of the Lessee to post the placard in a manner which Will provide protection from the elements, and, in the event that said placard becomes illegible at any time during the term of this lease (including any extensions thwvot), to notify the Lessor in writing, so that a replacement may be provided. 18. LCVAMT OF pROVMON4• No £unmet, or saaxssive iailur s, an the part of the I.o = to enforce any provision, am my waiver or successive waivers on its part of any provision herein, shall operate as a discharge thereof or reader the same inoperative or impair the right of the Lessor to enforce the same upon any renewal thereof or is the event of subsequent breach or breaches. 19. PERMISSION GRAHU •. upon eoclsiration or cancellation of this lease all permission granted hereunder shall cease and termite. 20. RENEWAL FROVISIONS: Renewal of this lease stall be at the sole option of the Lessor. Such renewal shall be subject to ere teams, c =Htions and pm k*ns of management standm* and applicable laws, rules and regulations to effect at that tim in the event that Lmm is in full oompHanoe with the terms of this feast, the Lessee may apply In writing tbra renewal. Such application for renewal must be received by Los:§& no sooner than 120 days and no Inter than 30 days prior m fire expiration date of the original or current term hereof The term of any renewal granted by the Lessor shall commence on the last day of the lease team. IF the Lessee fAs to timely apply fora renavml, or in the event the Lessor does not grant a renewal, the shall vacate the leased premises and remove all structures and equipment occupying and erected thereon at its expense. The obligation to remove all structures authmized herein upon tertnination of this lease shaf) constitute an affirmative covenant upon the Lessee's interestb the riparian upland property more particularly described In Attachment I, which shall ran with the title to the Lessees interest in said riparian upland property and shall be binding upon Lessee and Lessee's sacxessors in title or successors in interest. 21. REMOV�L OF STRUCMMVADM WTRATM: FllfflSi 1f the Lessee does not remove said structwrs and equipment occupymg and erected upon the leased premises after expiration or cancellation of this lease, such structures and equipment will be deemed forfeited to the Lessor, and rite Lessor may authorize removal and may sell such forfeited savethues and equipment after tan (10) days written notice by wed marl addressed to the Lessee at the address speeiSad m Paragraph 13 or at such address on record as provided to the Lessor by the Lessee. However, such remedy shall be in addition to all other remedies available to the Lessor under applicable laws, rules and regaWons including the right to compel removal of all structures andtherighttoimposee:.,LJ.1�I,;.,:I-. bum 22 AMjQV,AL COST&TM—WQNRIPARIANUK AN�U T Snbjtd bo rho noticingFvvisb� of Paragraph 2l of this leas% any cats famted by tit Lessor in any smictLa= and i r , , „t oonatrnded or maintained on state leads shall be paid by Lessee and any rarpaid costs and expenses shall cansdtute a lieu upon the Lessee's interest in the riparian upland property that is more particularly described in Attaabmeat & This lien on the Lessee's interest in the riparian upland property shall be eaf+orceable in summary proceedings as provided by law. 23. RECORDATION OF LEASE. The Lessee, at its own expense, shall record this Ally mcem ttd lease in its entirety in the public records of the county within which the lease site is located within fomteco (14) days after recelpt, and shall provide to the Lessor within ten (10) days following the recordation a copy of the recorded leave in its entirety which contains the O.R. Hook and pages at which the lease is recorded. 24. MARIAN RMHTS/FINAL ADX DI(A nO�N• in the event that any part of airy structure authorized hereunder by determined a &ial adjudication issaed by s court of competent jurisdiction w aacroaoh on or iatarfmie vrith s�actnt rights, Lesser agrees to either obtain writrsa eonsertt for the offending sttuctrn+e ii+om ere affected riparian owner or to remove the hrterfaeace or eacroachnawht within 60 days from the dart of ere adjudication Ftrihare to comply with this h shall cons*ute a material breach of this lam asoement and steal! be Sounds 15ar immediate termination of this lease agreement at the option of the Lessor. 747 of 105 25. AMFIM /MODIFICATIONS: This lease is the entire and only agreement between the parties. Its provisions are not severable. Any amemdmew or modification to this loan must be in writing must be accepted, acimowledged and executed by the Lessee and Lessor, and must comply with the Hiles and statu4os in odneaoe at the time of the execution of the modification or amendment 'N.., the provisions of this paragraph, if mooring is atrthmized by this lease, the Lessee may install boatlias within the leased promises without formal modification of the Ieaso provided that (a) the i.essoe obtains any state or local regulatory permit that may be required; and (b) the location or size of the lift does not increase the mooring capacity of the docking facility. 26. AMMIL WNT/SICNSMON-WATER DEPMMENT ACrI MIMADDrr10NAL ACrIVI - No permanent or temporary signs directed to the boating public advertising the sale of alcoholic beverages shall be erected or placed within the leased premises. No , or dining acdviHes are to occur within the leased premises. The Detest shall emsta a that no petmanM oemPwazy or floating Mu fences, docks, piling or any structues whose use is not water -dependent shall be erected or conducted over sovereignty submerged lands without prior written consent firom the Lessor. No additional structures and/or activities including dredging. relocation/nealignment or major repairs or renovations to authorized structures, shall be erected or conducted on or over sovereignty. eA lands without prior written consent from the Lessor. Unless specifically in writing by the Lessor, such activities or structures shall be considered unauthorized and a violation of Chapter 253, Florida Statutes, and Shall subject the Losses to administrative fines under Chapter 18-14, Florida Adminisirativa Code. This condition does not apply to minor structural repairs required to maintain the authorized structures in a good state of repair in the ider of public health, safety or welfare; provided, however, that such activities shall not exceed the activities authorized by this lease. 27. A= AUTHORIZATION: Prior to cummencanem of consruction and/or activities authorized herein, the *Mee shall obtain the U.S. Army Corps of Engineers (ACOE) permit if it is required by the ACOE. Any modific atioas to the censt action and/or activities authorized herein that may be required by the ACOE shag require consideration by and the prior written approval of the Lessor prior to the commencement of construction and/or any activities on sovereign, submerged lands. 28. COMPL NCE WM ELQMA LAWS_: On or in conjunction with the use of the leased premises, the lessee shall at all times comply with all Florida Statutes and all thereuDft. Any unlawfal activity which occurs on the leased premises or in coi> =cdon with the use of the leased premmises shall be grounds for the termination of this lease by the Lessor. 29. I,IVIrAI30ARDS: Tito tmm "liveaboard" is definod as a vessel docked at the facility and hdmbftod by a person or parsons for any dive (5) ,; . M ":*, a days of a total of ten (10) days within a thirty (30) day period. Ifliveaboards are authorized by paragraph oats (1) of this lease, in no event shall such Alivesbosrd" status awced six (6) months within any twelve(12) month period, nor shall any such vessel constitute a legal or primary residence. 30.OAMHLINO VFSSSI.S: During the term of this lease and any renewals, extensions, modifications or assignments thereof, Lessee shall prohibit the operation of or entry onto the leased premises of gambling cruise ships, or vessels that are used principally for the purpose of gambft when these vessels are engaged in "cruises to nowhran," when the ships leave and return to the state of Florida without an intervening stop within another state or foreign country or waters within the jurisdiction of another state or foreign country, and any watercraft used to cagy passengers to and from such gambling cruise ships. A. Unless authorized in writing by the Lessor, the Lessee shall not rebuild or restore the non -water dependent structures included in this lease if 50 percent or more of the area encompassed by a structure is destroyed or if use of a has been discontimmd and 50 percent or more of the area an. , * ! by a stump must be replaced in order to Mlbstore the structure to a safely useable condition. In addition, the use of the non -water dependent stiuctaos included in this ease shall not be converted to a now use except as authorized in writing by the Lessor. B. W-dd n 60 days attar the Lessor's execution of this lease, Lessee shall install and display permanent manatee educational signs that provide information on the mammerisms of manatees and the potential threat to this endangered species from boat operation. Lessee shall mai ntalo these signs during the term of this lease and all subsequent: renewal periods and sball be required to replace the signs in the event they become faded, damaged or outdated. Lessee shall ensure that the view ca...:.. ... ._ .. t ....... +:...........«._.... ems.......-..'..._ --- t4Ps-of-39�-- BOARD OF TRUSTEES OF TBE WIMNAL 1MPROVS[ui Tl' TRUST FUND OF TEE STATE OF FLORIDA (SEAL) AM GCOY, BY: and Cansuttaaz MBNW,BuwofPaWioLmdAdmini:. '.,., Divi si m of Stele Lames, Slste ofFlm ida Deportment of E . ..,ml Protection, as ag ml found on behalf of the Board of Trustees ofthe h t mid E.6,,, �..,. t Tzud Fwtd of the State ofFlod& "LESSOR" STATE OF MDRIDA COUNTY OF LEON The f egang bswwzt was u mowledged befo3e me this j� day ofL Uri(" , 2Q jQ iry I� K Genay.Q=?Sms and Mmwmn w Ca mm*ant Iic Qn. Division of State 'om as eeenfVr and on behalf ofthe Board of Trustees of & MMS ftd ofttor State of Flaxida. He is APPRO AS RM ANJ ! EG %b" of Fk ida or Printed. Typed or �yQft it «Rwtt. My .':wia"II Orr ' 10km Sail A. Maio, city Clerk Name of hart A. Ginabu=g Q Typedn'rimadNamo ofWib= 0TATE OF YlOrM COUNTY OF_-ZgdUn River Commisdon/SaW No. MY of Sebastian. Floudda ,I BY: 4g OrFginal of . Authw* Richazd K 001mor TypWRrh tedNano of Bmxutmg Auft ty Mavor Title ofRxecuting Au9iorrty "LESSEE" (SEAL) The was acbwwlW0d before me this :Uth day of Amust , 2010 , by Richard H Giffm,or as for gad on behalf ofthe City of SAmNam He is pemoaally !mown to map who-kes P� , ?a9 of �05 Boundary Survey. for Submerged Land Lease at Dabrowski Alarina Indian River County, Florida Not VaNd Without•AU Sheets R RIGHT —OF --WAY NO. NUMBER R RADIUS L LENGTH CH CHORD DISTANCE' CB CHORD BEARRAIG PSM PROfESSIONAC SURVEYOR AND MAPPER G DELTA N NORTH S SOUTH E EAST w WEST P.O.C. POINT OF MWENCENIE NT P.O.B. POINT OF BEWNNING NAVO NORTH AMERICAN VERTICAL DATUM Le LICENSED BUSINESS FDEP FLf0RIDA DEPARTMENT OF ENWRONNETNTAL PROTECTION PB PLAT BOOK PG PANE SO. FT. SQUARE FEET L ML N FOR S' MM rEt3 LEASE AREA A PARCEL OF LAND LYING IN SECTION 6, 71741SHIP 31 SOUTH, RANGE 39 EAST INDIAN RIVER COUNTY, FLORIDA, AND BEING MORE PAR71MLARLY DESCRIBED AS FOLLOWS: CadA LACING AT A NAIL do DISKK-STAIWAW wBZ AT TKE INTERSECTION OF THE NORTH LINE OF PARCEL Or LAND AS DESCRIBED IN OFFICIAL RECORDS BOOK 564, PAGE 596, PUBUC RECORDS OF INDIAN RIVER COUNTY FLORIDA AND IRE EAST RIGHT 'OF —WAY LINE OF INDIAN RIVED DRI4, THENCE S28 39'00'E; 18297 FEET' TD AIY IRON ROD do CAP STAR, m L6 4644 • AT THE SOUTH LINE OF AWOE KIN S SUBDIVISION PER PEAT BOOK 1, PAGE 56 PUBLIC RECORDS OF INDIAN RIVEl7 COUNTY, FLORIDA; THENCE S8877'26 E ALONG THE SAID SOUTH UNE OF MIODELTON S SUDIVISION 116.14 FEET TO THE MEAN HIGH WATER OF THE WDIAIN. MVM THENCE ALONG THE SAID MEAN NIGH WATER THE FOLLOWING CALLS; 7HWCE N0750'15'E 3254 FEET.- 714ENCF N13503-K. •18i.E9 ffiT. THENCE N0274'55*& 42B6 FEET; THENCE N21-54'42t 14.69 FIWT TO THE POINT OF SEt+YWMa THENCE CONTINUING ALONG . SAID MEAN HIGH WATER N28 31'48"W,1104 FEET, THENCE LEAVING SAID MEAN HIGH WATER N69104147"E, 32.41 FEET; THENCE N21'T9'47"W, 12Q.07 FEET; THENCE N5439'247E; 12.46 FEET. THENCE N67'37'58-& 31.12 FEET THENCE S21'I1'230& 43.03 FEET THENCE S22776 09 4Z I4 FEED THENCE S2334 34" E; 43.7'O FEET; THENCE S68 41'41 "H, 77.552 . FEET• THENCE 3S25v5'08'F- 2.35 FEET, WENCE S67W 24"W, 22.27 FEET• THENCE S2435'5E; 4".63 FEF1; *010E S6735'22`W, 8.7.00 FEET BACK TO INE POINT OF BEGINNING: CONTAINING 0.48 ACRES (20854,70 SO. FT.) MORE OR LESS ,Sheet Z of 7. Drawn by: Che6W by • File nat C1G aw 6483 r asteller, jvt7A&r Reed df Taylor, -INC. • PRO.r°�&�ltl1�ll,f'URYBPORf'.IND�C�1°P.1F�f' �� • I.�ttYD,f'URi�.i�1VC.BLifflN.t�ff'�dE�4 1655 27th Street Suite 2 Vero eacch, .Florida 3296Q . Phone: (772) 564,-8050 Foy (772) 794-0647 N, --. --.- - - �� 365- Boundary Survey for Submerged .Land ,Lease at Dabrowski Marina Indian ,River County, Florida Not Valid Without All Sheds ; R = 9f a amm - •TtPE OF SURwr. BOUT' mr (Tm IS A FEW SURVEY) *SURVEYOR IN RESPONSUE CHARGE: DAVED TAILOR P..SA[ 5243 •MASTEIIER MOLEi; REED d. TAILOR WG CFRJWfCATE OF AUTHQRIZATTOM L.B. 4644 1655 27TH STREET. SUITE 2. MO BEACH. FLORIDA 32960 PHONE (772) 564-8050 • THIS SURVEY AND ADAORT IS nor VAUD WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORDA LICENSED SURVEYOR AND (MAPPM ADD roa oft DELETIONS To THE SURVEY MAP Nt0/VR R1POR'a' GF SURVEY BY OTHER THAN THE SIGNM PARTY OR PARM IS PitQH18M wvwr /WRITTEN CONSENT OF 7W Ste" PARTY OR PARTIM • HORIZONTAL CONTROL ACCURACY: ms EXPECTED USE OF n E SURVEY MAP AND REPORT FOR THE LAND. AS CLASSnED, W THE UNKM TEtiWCAL'SWIDARDS (5)-17•FAQ IS SUBURBAN. THE AfWIMUM RQATIVE DlSTANOE ACCURACY Foe Q Q OF.a(xmARY Comm SURVEY LT 1 Foor IN 75W FEET. 1W ACCURACY OBTANED 8Y REASL400i AND CALOVLATION OF A CLOSED wOMETIIEC FTGTARE 0R FANCY OF meAsumw TTAS FOUND t0 MEET OR Dw= THas REQUIREAfETlT. I . . •HORtZOHrx FEATURE ICCURAcr TOPOCRAPMC•LAND FEATURES (sms. wLEM VALVES MPOTSiiipo" DRIVEWAYS. CULVERTS AHD SIM m FEATURES) HAW A HORIZONTAL ATTIRE ACCURACY CP PLUS OR MINUS O-W FEET. • VERTICAL CONTROL ACCURACY:. VERTICAL CONTROL AS ESTABLISHED FOR TM PRO= SITE IS ' ACCURATE TO PLUS OR MINUS QO5 FEET TINE'S THE SQUARE ROOT OF THE DISTANCE IN MAES • ELEVATIONS OF HELL-IDE1VMED FEATURES CONTAMM IN TWS SURVEY ANTI MAP HAVE BEEN MEASURED TO AN ESTUATW VERTICAL POSITION ACCURACY OF PLUS OR ANUS 0.10 FEET. *DATA ACOU15171ON WAS OBTAINED DUMG THE FOLLOWM 7EM£ FRAME OR DATE 5/10 • THE BEMR IG BASE • FOR EMS SURVEY IS AS FOLLOWS A) ASSUMED 8 7HE EAST RIGHT-OF-WAY LINE OF CiDUN RIVER DRIVE AS DEPICTED. C3 THE Uke BEARS 50015'38`E • THE ELEVATFOHS AS SHOWN ON THIS SURVEY ARE RASED ON THE HORIH AMERICAN V ICIAL DAnw OF left -NO IN§TItUMEE'ITS OF RECORD 11SUCTING EASEMENT$ R041S-OF-WAY AVIOR OHNERSW WERE FURNISHED TO T14S SURVEYOR E)cCEPT AS SHOWN. NO TITLE OPINION 1S cA ne.� OR IMPLIE7T -THIS SURVEY DOES NOT CERTIFY TOM DOSTENCE OR LOCATION OF ANY FVUNDA7EmNS; UTELITTES. woommm ENCRLVTCHAmmrs OR twROm/EAITs EXCFPr As SHORN. • UNLESS A CQWARTSON IS SHOft PLAT VALUES d MEASURED VALUES ARE THE SAME: . ALL MEASUREMENTS ARE IN FEET AND DETXMAL PARTS 'WMEOF AND ARE IN. ACCORDANCE WIN THE STANDARDS OF THE UNITED STAM • THE HCRlZC>rIrx vALUES SHm nb=N REFER To THE STATE PLANE L'OOIPDIHAx sYsmK FLcwA FAST ZONE; MAD 83 (NOS ADJUSiMEf+IT OF 1090) MABLISHO USVM RTK 09MVATIONSS •THIS MAP IS INTEND® TO BE DISPLAYED AT A SCALE OF 1-(AS •NOTED) OR Sheet 3 of 7 jDrawn by:Checked byl • File Iwi C1G . . OMT 1 6403 iffasteller, Toler ,tPeed aylvr, Irr� AVOM raNlLAUPPAU • A,1.rtA�S[/.RY6P�f1V BLf£lNI+. T'Ni�l6�4r 1655 27th Street. Suite 2 Vero beach. F orido 32960 Phone; (772) 564- 8050 Fox (772) 794-0647 • EXHIBIT `A" LEGAL DESCRIPTION UPLAND PARCEL THE SOUTH 13 FEET OF LOT 1 AND ALLOF LOT Z BLOCK 1. MIDDLETOMS SUBDIVISION, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK Z. PAGE 66, PUBLIC RECORDS OF INDIAN RIVER OOUNTY, FLORIDA, MORE PAfMCULARLY DESCRIBED AS FOLLOWS. BEGINNtNG AT THE INTERSECTION OF THE SOUTH LINE OF MIDDLETOta SUBDIVISION AND THE EAST RIGHTOF-WAY LINE OF INDIAN RIVER DRIVE (BEING A POINT 37.16 FEET DUE BAST OF THE CENTERLDIE OF MM RIVER DRIVE] THE POINT OF BEGINNING: THENCE NORTHERLY 1180413T ALONG THE EAST RIGHTOF-WAY LINE OF {NDIAN RIVER DRIVE, A DISTANCE OF 184.76 FEET MORE OR LESS TO A CONCRETE MONUMENT MARKED'r; THRICE RUN EAST 10' NORTH OF DUE EAST TO THE HIGH WATERLINE OF THE INDIAN' F4VEP% THENCE SOUTHERLY ALONG THE HIGH WATER LINE OF SAID INDIAN RIVER TO A POINT INTERSECTING THE EASTERLY PROJECTED SOUTH LINE OF MIDDLETONB SUBOP40ON AND THE HIGH WATER LINE OF THE WDIAN RIVER; THENCE WEST TO THE POINT OF BEGWWJG. BEING A PART OF GOVERNMENT LOT 1, SECTION 6, TOWNSHIP 32SOUTH, RANGE 38 EAST. TOGETHER WITH A UPLAND. SUBMERGED LAND, LiTOf2WL RIGHTS, SHORE RIGHTS AND RIPARIAN RIGHTS LYING TO THE EAST THEREOF TO THE CENTER OF THE INDIAN RIVER TO THE EXTENT THAT SAME APPERTAIN TO THE rt%vrm:n o r ABOVE DESCRIBED. SUBJECT TO ALL LIENS, EASEMENTS AND RESTRICTIONS OF RECORD, • IF ANY. , E 2.:)6 of sup I$ parwng Area Bessee 262 0f 3Q5 FCT Comm Number f1f-CT- 41-06-Fd-,AI-WO . FLORW A. C0hU4 Jig U= TRUST 08-003-WW1 SEBASTTAN WORD NG WATERFRONT COLLABORATIVE CSFA # 52.013 STAN MAYFMD WORK NG WATERFRONT GRANT CONTRACT THIS AGREEMDU is catered into by and between the FLORIDA COMMUNITIES TRUST C,Fcr% a non -regulatory agency within the State ofFloridaDepartmeat of Community Affairs, and the CITY OF SEBASTIAN, a political subdivision of the State of Florida ("Reap=t"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS: WHEREAS, the intent of this Agreement is to impose terms and conditions on the use of the Florida pemever Funds, hereWaftear described, and the lands acquired with such proceeds CT'roject Site, that are necessary to enatmo compliance with applicable Florida law and f xieral income tax law and to otherwise implement the provisions of Sections 259.105, 259.1051 and Chapter 380, Part III, Florida Statutes; WHBRBAS, Oiapter 380, Part IQ, Fla. StaL, the Florida CommUllities Trust Act, eOtes a • non regulatory agemay within the Department of Community Affairs went") which will assist local governments inb uoug into compliance and implementing the conservation, recreation and open space, and eoasW elements of their oampreheasiveplans or in copse wagnahcd - w,., — k : y andresolving land use conflicts by pmviciing financial assistance to local govemmaats and nonprofit environmental �,�a:.fons to carry out projects and activities authorized by the Florida Communities Trust Act; W MEAS, FCT is f ride d through either Sectiion 259.105(3xc), Fla Stat. of the Florida Forever Ack which provides for the distribution of two point five p u*W.(2.5%X less certain reductions, of the net Florida Forever Revenue Bond proceeds to the Department, or any other revenue source designated by the Florida Legislature, to provide lend acquisition grants to local gove mnents and nonprofit working waterfront .„ .:..«,ors for the acquisition of worlang waterfronts; WHEREAS, the Florida Forever funds may be issued as tax-exempt bonds, meaning the interest on the bonds is exdude d from the gross income of bondholders for federal income tax Pam: WZ1EREAS, Rule 9K 9, Florida Administrative Code CT.A.C:) sets forth the procedtun for the evaluation and selmdon of lands proposed for acquisition and Rule 9K-10, F.A.C. sets forth the acquisition procedures, . OSMS-wan AWDA2W ensww- GC -l- • WHEREAS, on January 29, 2009, the FCT Governing Board evaluated and scored the applications -to develop a -ranking listsof projects to pit to the B6md iif Tfmees of Inteinel Improvement Trust Fund; WHEREAS, on April 13, 2009, the Board of Thatees of Internal bnprovement That Fund selected and approved the projects which will receive finding; WHEREAS, the Recipituht's project, described in an application submitted for evaluation, was selected for unsling in accordance with Rule 9K-9, F.A.C., andby execft this Agreement the Recipient reaffirms the representations made in its application, WHEREAS. Rule 9K 9, F.A.C. authorizes FCT to impose conditions for funding on those FCT applicants whose projects are selected for funding; and WHEREAS, the purpose of this &. � . k: 6, A. is to set forth the conditions that must be satisfied by the Recipient prior to the disbursement of any FCT Florida Forever funds awarded, as well as the restrictions that are imposed on the Project Site subsequent to its acquisition. Since the entire Project Site has not yet been negotiated for acquisition, some elements of the project are not yet known such as the purchase hase price, other project costs, and the terms upon which an owner will voluntarily convey the property. NOW THEREFORE, FCT and the Recipient mutually agree as follows: • L x,i auOD OF AGREEMENT 1. ' This A& � M , . �, A shall begin upon the Recipient's project being selected for Amding and shall end Aprfl 15, 2010 (KFapiradon Date"}, unless extended as set forth below or unless terminated earlier in accordance with the provisions of Article X M of this Agreement. 2. FCT may extend this Agreement beyond the Expiration Date if FCT determines that significant progress is being made toward the acquisition of the Project Site or that extenuating circa ances warrant an extension of time. If FCT does not grant an extension the Recipient's award shall be rescinded and this Agreement shall terminate. U. MODIFICATION OF AGPJMU Erff 1. Either party may request modification of the provisions of this Agreement at any time. Changes which are mutually agreed upon shall be valid only when reduced to writing and duly signed by each of the parties hereto. Such amendments shall be incorporated into this Agreement. Ill. DF"LINES 1. At least two original copies of this Agreement shall be executed by the Recipient and returned to the FCT office at 2555 Shumard Oak Boulevard, Tallahassee, FL 32399-2100, as soon as possible and before May 15, 2009. If the Recipient requires more than one original document, the Recipient shall photocopy the number of additional copies needed and there execute each as an • 08403.wwi Avg L%no sm" - cc .2, 268 of 305 original docwnent. Upon receipt of the signed Agleernents, FCT shall execute the Agreements, 2. The Recipient and its representatives shall know of and Awe, to all project deadlines and devise a method of monitoring the project. Deadlines stated in this Agreement, as well as deadlines associated with any FCT activity relating to the project, WM be strictly enforced. Failure to adhere to deadlines may result in delays in the project, allocation of time or .;.4.,..- -.. y to other recdpients that respond timely or termination of tins Agreement by FCT. 3. The Recipient shall submit the documentation required by this Agreement to FCT as soon as possible so that the Project Site may be acgedred in an expeditious manner. 4. No later than May 159 2009, the Recipient shall deliver to FCT a written statement from the Prof cat Site property owners) evidencing that the owners) is willing to A, ., A. � < < an offer from the Ro*ent and FCT, ifaotpreviously p rovided in flee Application. No acquisition activity shall be commenced prior to FCT receipt of this statement 6. No later than May 159, 2009, the Recipient shall deliver to FCT the exacted Confidentiality Agreementprovided to the Recipient by FCT, pursuant to Rule 9K-8.008(31 F.A.C. No acquisition activity shall be commenced prior to FCT receipt of the executed Confidentiality A,:......,.�,� IV. FUNDING PROVISIONS 1. The FCT Florida Forever award granted to the Recipient ("FCT Award') will in no event exceed the lesser of Percent (901%) of the final Project Costs, as defined in Rule 9".002(171 F.A.C:, or Three Million One Hundred Sixty Three Five Hundred Dollars And Zero Cents ($3,163,500.00) unless FCT approves a different amount after detarnination of the MAPP, which shall be reflected in an addendum to this Agreement. FCT will not participate in Project Costs that exceed the gram award amount. The FCT Award is based on the RecipicWs estimate of final Project Costs in its aFpiication. When disbwsing the FCT Award, FCT shall recognize only those Project Costs consistent with the definition in Rule 9K-9.002(17), F.A.C. FCT &ball participate in the land cost at either the actual purchase price or the MAPP, whichever is less, multiplied by the percent stated in the above PFh• ' 2. The FCT Goveming Board ranked and the Board of Thmtees of the Intemal Improvement Trust Fund (-rrwftm') selected the Recipient's Application for ftmdiag in order to acquire the entire Project Site identified in the Application FCT reserves the right to withdraw or adjust this FCT Award if the acreage that comprises the Project Site is reduced or the prajed design is changed so that the objectives of the acquisition cannot be achieved. FCr shall consider any request for Project Site boundary modification in accordance with the procedures sat forth in Rule 9K.9.009, F.A.C. • os-coo-WWI Aprfl l.2M DOM .- Gc -3- 269 of 305 If the Project Site is comprised of multiple parcels and multiple owners, then FCT reserves the right to withdraw ter• adjust the FCT Avgtd IftheI)Ht6ty Wcd(s) or `a sigtidficot pardon nf'tlet P Arc Site carhnot be acquired. 3. The FCr Award shall be delivered either in the foam ofProject Costs prepaid by FCT to vendors or in the foam of a State of Florida warrant at the closing of the Project Site, payable to the Seller or the Seller's designated agent audmi2ed by law to receive such payment, provided the Comptroller deter that such diabursement is consistent with good business p mdices and can be completed in a manner minimizing costs and risks to the State of Florida. If the Project Site is comprised of multiple parcels, FCT shall deliver at the closing of each parcel only ties share of the FCT Award that w ..As to the parcel being closed. FCT shall prepare a grant reconciliation statement prior to the closing of the Project Site parcel that evidences the mount ofMatehprovided by the Recipient, if any is required, and the amount of the FCr Award. Funds expended by FCT for Project Costs shall be recognized as part of the FCT Award on the grant reoonc liatioa statement. 4. If a Match is required, it shall be, delivered in an approved form a4 provided in Rule 9K-9.002(15), F.A.C. If the Project Site is comprised of multiple parcels, the Recipient shall deliver at the closing of each parcel the share of the Match that corresponds to the parcel being closed. Funds expanded by the Recipient for Project Costs shall be recognized as part of the Match on the grant rewnciliation statement. S. By executing this Agreemwt, the Recipient affirms Wit is ready, wfiTmg end able to provide a Match, if any is required. 6. If the Recipient is the local government having jurisdiction over the Project Site, and an action by the Recipient subsequent to the FCr Governing Board selection meeting results in a goverrimentally derived higher Project Site land value due to an enhanced highest and best use, FCr acquisition activities shall be terminated unless the Seller agrees that the appraisals) will be based on the highest and best use of the Project Site on or before the FCT Governing Board selection meeting 7. Fcrs perfoom mce and obligation to financially perfomh pay under dliis Agreement is contingent upon an amhnal appropriation by the Florida Legistabim and is m*ject to nay modification in avoordance with Cyr 216, Fla. Star. or the Florida Constitution. 8. FCVs performance and obligation to financially perform under tins Agreement is contingent upon the issuance of Florida Forever Revenue Bonds issued by the State ofFlorida and of the proceeds of the Florida Forever Revenue Bonds being released to the Department. V. NOTICE AND CONTACT L All notices provided under or pursuant to this Agreement WWI be in writing and delivered either by hawed delivery or first class, certified mad, return receipt requested, to: • os-ooctrwwi Ap9 Li' , 2W smww - m A- 270 of 305 1 FloildaZommunitlas IWd 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 2. All contact and omtspondenoe fiom FCT to the Recipient shall be trough the key contact. Recipient hereby notifies FCT that the following administrator, officer or employee is the authorized key contact on behalf of the Recipient for purposes of coordinating project activities for the duration of fire project: i Name: Rebecca Grohail Title: Growth Management Director Aug: 1225 Main Street Sebastian, FL 32958 Phone: (7721388-8228 Fax: (772)388-8248 F,Mail. rgrohall@cityofeebastiaa.org 3. The Recipient authorizes the administrator. employee, officer named in this paragraph to ea=de all documents in connection with this project on • behalf of the Recipient, induding, but not limited to, the Grant Contract or any i addenda thereto, purchase agr+e=cnt(s) for the property, grant reconciliation statement, closing documents and Declaration of Restrictive Covenants. Name: Al Minner Title: City Manager Address: 1225 Main Street Sebastian, FL 32958 Phone: (772)388-8200 Fax; (772)581-0149 Email, aminnor@cityofsebastian.org 5. In the event that digerent ,. �,*.,:.L"Rives or addresses are designated for either graph 2. or3. above after execution ofthis Agreement, notice ofthe clunges shall berenderedto FCT as provided in paragraph 1. above. 6. Tlie Recipient hereby notifies FCT that the Recipient's Federal Employer Identification Number(s) is 5 9- 6000427 0&003-VM Apt M2W SK" - GC 5-• 271 of 305 VL PRFeCLOSING REQUIREMENTS Prior to FCT approval of the signed purchase agreeme nt(s), closing(s) of the real estate transaction(s) to acquire the Project Site and final disbursement ofthe FCT Award, Sze Recipient shall submit to FCf: a. Supporting documentation that the conditions imposed as part of this Agreement have been satisfied. . b. A signed statement by the Recipient that the Recipient is not aware of any pending criminal, civil or regulatory violations imposed on the Project Site by any governmental agency or body. a A signed statement by the Recipient that all activities under this Agreement comply with all applicable local, state, regional and federal laws and regulations, including zoning ordinances and the applicable adopted and approved comprehensive plan. d. Additional documentation as maybe requested by FCT to provide Reasonable Assurance, as set forth in paragraph VIL4. below. 2. FCT shall approve the terms under which the interest in land is acquired pursuant to Section 380510(3), Fla. Stat. Such approval is deemed given when FC r approves and executes the • purchase agreement for acquisition oftheProject Site, fmrther described inparagmph VI.I.a. above. 3. All real property shall be obtained through a Voluntarily Negotiated Transaction, as defined in Rule 9K 9.002(42). 'Meuse of or threat of condemnation is not considered a Vohmtar* Negotiated Transaction. 4. Any invoices requested, along with proof of payment, shall be submitted to FCr and be in a detail sufficient for a proper audit thereof. 5. Interest in the Project Site shall be titled in the Recipient. 7. The transfer of interest to the Recipient for the Project Site shall not occur until the for the acquisition of lands, as specified in Section 380.507(11), Fla. Stat. and Rule Chapter 9K-10, F.A.C., have been fully complied with by the Recipient and FCT and the Recipient . has complied with all Purchase Agreemad , . z ++ : w ents. 8. The deed transferring interest of the Project Site to the Recipient shall set for& the wwcutory interest of the Board of Trustees of the Internal improvement Trust Fund. VIL MANAGEMENT PLAN; ANNUAL STEWARDSHIP REPORT 1. Prior to the signature of the purchase agreement(s), closing(s) of the real estate transaction(s) and final disbursement of the FCT Award, the Recipient shall submit to FCT and have • 084a3.ww2 Apr is, no - GC -6- 272 of 305 • 0 approved a Management Plan that complies with Rule 9K 9.010, F.A.C. and addresses the criteria :in A, 4910A WAYMAUt a.:3bc.l; piaaltas il►an'Bed to coordinate with FCT staff in order to ensure that FCT q oval of the Management Plan occurs prior to the closing date of the real estate transaction(s) associated with the Project Site and the disbursement of the Ftr T Award. 2. The Management Plan explains how the Project Site will be managed to further the purposes of theproject and meet the terms and conditions of this Agreement TheManagementPlan shall include the following: a. An introduction containing the project name, location and other background information relevant to mmnagement. b. The stated purpose for acquiring the Project Site as proposed in the Application and a prioritized list ofmanagement objectives. C. A detailed description of all proposed uses including existing and proposed physical improvements and the impact on natural ,.� — d. A scaled site plan drawing showing the Project Site boundary, existing and 15. W Oi 6 1 physical improvements. e. A description of proposed educational displays and . , , gams to be offervk if applicable. £ A schedule for implementing the development and management activities of the Management Plan. & Cost estimates and funding sources to implement the Management Play 3. If the Recipient is not the proposed managing entity, the Management Plan shall include a signed agreen mt between the Recipient and the managing entity stating the managing entity's wfilingnoss to manage the site, the manner in which the site VnM be managed to fu the pa=pvse(s) of the projoct and the identification of the source of funding for management. in the event that the Recipient is a partnership, the Recipient shall also provide FCT with the interlocal agreement that sets forth the relationship among the partners and the fiscal and management responsibilities and obligations incurred by each partner for the Project Site as apartof its project Plan. 4. To ensure that f nuremanagementf indawill be available forthemanagemeat ofthe site, perpetuity pursuant to Section 259.105 and Chapter 380, Part Ell, Fla.Stat., the Reoipient(s) shall be required to provide FCT with Reasonable Assrsmoc; purausat to Rate 9K-9.002(19), F.A.C., that it has the financial resources, badcVumd, qualifications and .. , .. ;. �. . _Cato manage the Project Site in perpetuity in a reasonable and pro£c.4sional manner. Where the Recipient is a Non- profit working waterfiont Ogpnixstion and does not include at least one Local Govemmentpartaer, as o mnin -7- 273 of 305 -- FCr will require the Recipient to establish a management endowment in an mount sufficient to • ensrne -and Provide a guaranty, ter -pledge by the iooal•vmmma�rhr3 the illFr Management Districtmwbich the projectis located, or a mpg agency ofthe Board of Trustees to act as a backup manager to assume responsibility for management of the Project Site in the event the Recipient is unable to continue to manage the Project Site. 5. ThoRadpient shall, through its agents ad employees, prevent the nmauthorized use of the project Site or any use thawfnot in conformity with the ManagmentPlan approved by FCT. 6. All buildings, structures, '... Y � 6 ,1; � � mts and signs shall require the prior written appmvd of FCT as to purpose. Major land alterations shall require the written approval of FCT. The approvals required fmm FCT shall not be unreasonably withheld upon sufficient demonstration that the proposed structures, buildings, improvements, signs or land alterations will not adversely impad the management of the Project Site. FCrs approval of the Recipient's Maytag®ent Plan addressing the items mentioned berein shall be considered written approval from FCr. 7. As required byRule 9K-99.012, F.A.C., each year after FCr closes on the Project Site, the Recipient shall prepare and submit to FCT an annual stewardship report that documents tile progress made on implementing the Management Plan. VIII. SPFCUL MANA+GEMEW CONDITIONS • In addition to the Management Plan conditions already described in this Agreement, which apply to all sites acquired red with FCT fiords, the Management Plan shall address the following conditions that are par is ular to the project site and result from either representations made in @he application that received sconrigpoints or observations made by FC17 staff dining the site visit described in Rule 9IC 9.007, F.A.C.: 1. The fathre land use and zoning designations of the project site shall be changed to WoAft waterfronts or other similar category. 2. A permanent recognition sign, at a minimum size of 3' tc 41, shaU be mamtsiwd at the entranoe area of the project site. Ths sign shall acimowledge that the project site was purchased with fiords from the Florida Communities Trust Program and the Recipient 3. At closing, the existing submerged land lease will be transfer to the Recipient. 4. Prior to closing, the Recipient will provide a letter from the Department of Environmental Protection stating the current land owner is in compliance with Chapters 253, 258, 373 Part IV and 403 Florida Statutes and the submerged land lease for all facilities or structures on the Project Site that are located over state sovereignty submerged land and that applicable fees or wetslip cmacaiion forms are aurent or that the fthcilities or structures are not subject to a state sovereignty submerged land lease. cs4mmn ApdA2W 5MWW - GC -8- 274 of 305 • 5. Annually the Recipient will provide a letter from the Department of Environmental anteationatatin&the.Recipient is.in:oomplisneemith:C.haptew 7:53,258-r 3�-Part IV •and. 403 Florida Statutes and the submerged land lease for all facilities or structures on the Project Site that are located over state sovereignty submerged land and that applicable fees or wetslip certification forms are current or that the facilities. b. One of the adst ing buildings on the project site will be used as a working waterfront building and the other as an educational site highlighting the cultural and historic heritage of Florida's traditional Working Watm*onts. 7. Permanent structured displays of artifacts and other items shall be provided that provides information about the economic, cultural or historic heritage of Florida's traditional Working Waterfi+onts 8. Interpretive kiosk or signs shall be provided that educate the public about the economic, cultural, or historic heritage of Florida's traditional Working Waterfronts DL DECLARATION OF RESTRICTM COVENANTS RI&QUEREMENTS R POSED BY CHAPTER 259 AND CHAPTER 380, PART III, FLA. STAT. 1. Each parcel in the Project Site to which theRecipie t acquires iftut shall be subject to a Declaration of Restrictive Covenants describing the parcel and contaming such Covenants and • restrictions as are, at a minimum, sufficient to ensure that the use of the Project Site at all times complies with Sections 375.051 and 380.510, Fla, Stat.; Section I I(aI Article VII of the Florida Constitution; the applicable bond indentmeunder whit h the Bonds were issued; and any provision of the Intemal Revenue Code or the regulations promulgated thereunder that pertain to taut exempt bonds. The Declaration ofRestnctive Covenants shall contain clauses providingfurthe convayw= of interest to the Project Site to the Trustees, or a Nonprofit Working Water w Organization or govermnent entity, upon failure to comply with any of the covenants and restrictions, as fwfflm descry'bed in paragraph 3. below. 2. The Declaration of Restrictive Covenants shall also restate the conditions that were placed on the Project Site at the time ofproject selection and initial great approval. Tha Dedaration ofRestrictive Covenants shall be executed by FCT and the Recipient at the time ofthe closing ofthe Project Site and shall be recorded by the Recipient in the comity(s) in which the Project Site is located. 3. If any essential term or corilition of the Declaration of Restrictive Covenants is violated by the Recipient or by some third party with the knowledge ofthe Recipient, the Recipient shall be notified of the violation by written notice given by personal delivery, registered mash or registered expedited service. The recipient shall diligently commence to camThe violation or complete curing activities within thirty (30) days after receipt of notice of the violation. If the curing activities can not be reasonably completed within the specified thirty (30) day time firane, the Recipient shall submit a timely written request to the FCT Program Manager that includes the stems ofthe current activity, the reasons far the delay and a time Some for the completion of the curing Apa42M SNE W - cc -9- • ... . 275 of 305 --- activities. FCl' shall submit a written response within thirty (30) days of receipt of the request and approval shall not be =reasonably-wtthheld: do ivrCT's position thutAU-cuemgitcfiVltiW11M be completed within one hundred twenty (120) days of the Recipient's notification of the violation. However, if the Recipient can demonstrate extenuating circumstances exist to justify a greater extension of time to complete the activities, FCT shall give the request due consideration. If die Recipient fails to correct the violation within either (a) the initial thirty (30) day tithe frame or (b) the time frame approved by FCT pursuant to the Recipient's request, all interest in theProject Site shall be conveyed to the Trustees unless FCT negotiates an agreement with another local goverrment, Nonprofit Waning Waterfront Organization, Water Management District in which the project is located, or amanaging agency of the Board of'Iiustees who agrees to accept interest and manage the Project Site. FCT shall treat such property in accordance with Section 380.508(4)(e), Fla. Stat. X GENERAL OBLIGATIONS OF THE RECIPIENT AS A G u w Y. ,.ON OF PROJECT FUNDING 1. The interest acquired by the.Recipient in the Project Site shall not serve as security for any debt of the Recipient 2. If the existence of the Recipient terminates for any reason, interest to the Project Site shall be conveyed to the Trustees unless FCT negotiates an agreement with another local goverment, Nonprostworlong Waterfront Organization, Water ManagementDistdct m which the project is located, or a managing agency of the Board of Tmstees who agrees to accept interest and manage the Project Site. 3. Following the acquisition ofthe Project Site, tine Recipient aballensure that the fudnre land use and zoning designation assigned to the Project Site is for a category dedicated to wod nng waterfronts. Ifan amendment to the applicable comprehensive plan is required, the amendment shall be proposed at the next ..,,r.:1\"rive plan amendment cycle available to the Recipient subsequent to the Project Site's acquisition. 4. FCT staff or its duly authorized representatives shall have the right at any time to inspect the Project Site and the operations of the Recipient at the Project Site. 5. The Project Site shall permanently contain one sign recognizing FCT s role in the acquisition of the Project Site. XL OBLIGATIONS OF THE RE%-" AA,� x RELATING TO THE USE OF BOND PROCEEDS I . FCT is authorized by Section 390.510, Fla. Stet to impose conditions for funding on the Recipient in order to eusiue that the project complies with .R..=ts for theuse of Florida Forever Bond proceeds including, without limitation, the provisions of the internal Revenue Code and the regulations promulgated thereunder as the some pertain to tax exempt bonds. 2. The Recipient agrees and acknowledges that the below listed boas, events, and ckan nstances may have negative legal and tax consequences under Florida law and federal income • 08-001-WW1 APO 15, 2009 276 of 305 • tax law. The Recipient fbrther agrees and aclmowledges that these disallov&We activities may be a{Fowed up nwmw based oarguid or oasts oudiaed-fa4he Federal-liv Activity regulations ofhhe Internal Revenue Servi= a. any sale or lease of any interest in the Project Site to a nonVvemmental person or organization; b. the operation of any concession on the Project Site by a non -governmental person or organization; a any sales contract or option tobuy or sell tbings attachedtothePre jectSiteto be severed from the Project Site with a non goveanmCnW person or arganizactian; d. any use of the Project Site by a non -governmental person other than in sucb person's capacity as a member of the geane W public; C. any change in the character or use of the Project Site from that use at the date of the ismanoe of any series of Bonds firm which the disbursement is to be mak £ a management contract for the Project Site with a non-swemmental person or .wa; an; or g. such other activity or interest as may be specified from time to time in writing by FCT to the Recipient 3. If the Project Site, after its acquisition by the Recipient and/or the Trustees, is to remain subject to any of the disallowable activities, the Recipient shall provide notice to FCT, as provided for iaparagraph V.I ., at least sixty (60) calendar days in advance of any such transactions, events or ' cunistances, and shall provide to FCT such information as FCr ray requests in order to evaluate for approval the legal and tax comsegueaces of such disallowable activities. 4. In the event that FCT datetmines at any time that the Recipient is engaging, or allowing otlhers to engage, in disallowable activities on the Project Site, tiro Recipient shall immediately crsse or cause the cessation of the disallowable activities upon reoeipt ofwritteanotice fivm FCT. In addition to all other rights and rernedies at law or in equity, FCT shall have the right to sec temporary and permanent inivactions against the Recipient for any disallowable activities on the Project Site. DELEGATIONS AND CONTRACTUAL ARRANGEMENTS BFI VEEN THE RECIPIENT AND OTHER GOVERNMENTAL BODIES, NONPROFIT BNIM IE.S OR NON GOVE)OW ENTAL PERSONS FOR USE OR MANAGEMENT OF THE PROJECT SITE WILL 1N NO WAY RELIEVE THE RECIPIENT OF THE RESPONSIB=Y TO ENSURE THAT THE CONDITIONS RAPOSED HERMN ON THE PROJECT SITE AS A RESULT OF UTII,IMG as,0m-wvn Awl 342M 277 of 305 — BOND PROCEEDS TO ACQUIRE THE PROJECT STTB ARE FULLY COMPLIED WITH BY WE CONTRA.CnNQ PARTY:. .. , . . . . . XQ. RECORDKEEPING; AUDIT REQUI REAMENTS 1. The Recipient shall maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreemea L These records shall be available at all reasonable times for inspection, review or audit by state personnel, PCT and other personnel duly authorized by PCT. Reasonable" shall be construed according to the Vices, but ordinarily shall mean the normal business hours of 8.00 a.m. to 5:00 p.m., local time, Monday through Friday. 2. If the Recipient expends a total amount of State financial assistance equal to or in excess of $500,000 in any fiscal year of such Recipient, the Recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, Fla. Stat., the applicable rules of the Executive Office of the Governor and the Comptroller and Chapter 10.550 (local governnnent entities) or Chapter 10.650 (nonprofit organizations), Rules of the Auditor General. In deternnining the State financial assistance expended in its fiscal year, the Recipient shall consider all sources of State financial assistance, including State fiords received from FCT, other state agencies and other non -state entities. State financial assistance does not inchWe Federal direct or pass - through awards and resources received by a non -state entity for Federal program matcbiug .: ,eats. The funding for this Agreement was received by FCT as a grant appropriation. .• In connection with the audit requirements addressed herein, the Recipient shall ensure that the audit complies with the .;..,...;....eats of Section 215.97(7), Fla StaL This includes submission of a reporting package as defined by Section 215.97(2)(d), Fla Stat. and Chapter 10.550 (local government entities) or 10,650 (nonprofit organizations), Rules of the Auditor General. It may be necessary for the Recipient to amend prior fiscal year audits to account for receiving the FCT grant funds because the determining facW r of when the expenditure must be accounted for is when the expenditure is made, not the signing of this agreement. Per Department of Financial Services Rule 691-5.004(2)(a), Florida Administrative Code, the determination of when State financial assistance is expended should be $ase+d on when the activity occurs (the activity pertains to events that require the nonstate entity to comply with contracts or agreements, such as expenditure transactions associated with grants.) Additional prior fiscal year expenditures of State financial assistance ahould be added to total expenditures of State financial assistance previously reported for the prior fiscal year to deternine if the threshold was exceeded. If so, the nonstate entity should take appropriate action to provide for an audit for the prior fiscal year in accordance with the Florida Single Audit Act. 3. If the Recipient expends less than $500,000 in State financial assistance in its fiscal year, an audit eonducted in accordance with the provisions of SwdQn 21537, Fla. Stat. is not required. If the Recipient elects to have an audit conducted in accordance with the provisions of Section 21597, Fla. Stat, the cost of the audit must be paid from non -State funds (i.e., the cost of such an audit must be paid five Recipient funds not obtained from a State entity). • 08403-WW1 Apt L%sow SMww - GC 278 of 305 4. The anneal fiamcial audit report shall include all management letters, the Rw p cuts • response:to.all.:fndings;.inaluding-oxreadve actions. toL be ,-and-a s&ahile•ef-financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and agreement munber. Copies of financial reporting packages required under this Article shall be submitted by or on behalf of the Recipient directly to each of the following: Department of Community Affairs (at each of the following addresses): Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee; Florida 32399-2100 and Florida Communities Trust 2555 Simmard oak Boulevard Tallahassee, Florida 32399-2100 State of Florida Auditor General at the following address: Auditor Gencral's Office; Room 401, Chnde Pepper Buiil fta 1 l 1 West Madison Street Tallahassee, Florida 32302-1450 • 5. If the audit shows that any portion ofthe funds disbursed h were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimba rumen to FCT of an funds mot spent in accordance with the applicable regulations and Agreement provisions within thirty (30) days after FCT has notified the Recipient of anal non. comoianm b. The R,ecipicA shall retain all financial records, supporting documents, statistical records and my other doc u menis pertinent to this A� . I for a period of five (5) yam after The date of submiskim of the final ocpeanditures report. However, if litigation or an audit has been initiated prior to of the five-year period, the records shall be retained until the litigation or aft findings have been resolved. 7. The Raupieat shad] have all audits completed in accordance with Section 215.97, Fla. Stat performed by an independent certified public accountant ("IPA") who shall either be a certified public a, go or a public aconmtant licensed under Chapter 473, Fla Stat. The IPA shall state that the audit oomplied with the applicable provisions noted above. X1 L DEFAULT; REMEDZS; TERMINtA'l ION 1. If the necessary funds an not available to find this Agreementas aresult of action by the Florida Legislature or the Office ofthe Comptroller, or if army of the events below occur ("Everts of Default', all obligations on the pat of FCT to make any further payment of funds hereunder shall, if FCT so elects, terminate and FGT may, at its option, exercise any of its remedies set forib osoao-wWI April 1-%2W SM[ww- cc -13- 279 of 305 herein, but FCT may make any payments or parts of payments after the happening of any Bveats of :Defanit*ithduQ .. .. a . gibe .. . thet�eby�i vrag �nghtta exercasasuch�ieraedies; �°witlzn'tgittibleto make any further payment. The following constitute Events of Default: thereunder; a. If any warranty, or representation made by the Recipient in this Agreement, any previous agreement with FCT or in any domment provided to FCT shall at any time be false or misleading in any respect, or if the Recipient 9W fail to keep, observe or perform any of the terms or covenants contained in this Agreement or any previous agreement with FCT and has not aped such in timely fashion, or is unable or unwilling to meet its obligations b. If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement from the financial condition revealed in any reports filed or to be filed with Mr, and the Recipient fails to cure said material adverse change within thirty, (30) days from the date written notice is sent to the Recipient by FCI , a If any reports or documents required by this Any „r...i have not been timely, submitted to FCT or have been submitted with incorrect, incomplete or insufficient information; or d. If the Recipient fails to perform and complete in timely fashion any of its • obligations under this Agreement. 2. Upon thehappening of en Event ofDefantt, FCT may, at its option, upon thirty (30) calendar days from the date written notice is seat to the Reeipientby FCT and upon the Recipient's farlure to timely care, exercise any one or more of the following remedies, either oonamently or consecutively, and the pmrsnit of any one of the following remedies eha]1 not preclude FCT Sum pursuing any other remedies contained herein or otherwise provided at law or in equity: a. Terminate this Agreement, provided the Recipient is given atleast thirty (30) days paor written notice of such teration. The notice shall be efive when placed in the United States minmarl, first class marl, postage prepaid, by registered or certified mail-retum receipt requested, to the address set forth in paragraph V.2. herein; b. Comm ante sn appropriate legal or equit Meacdon to Peel P vparimns oe of this A,� � :. 4, �,,A C. Withhold or suspend payment of all or eery part of the FCT Award; d. Exercise any corrective or remedial actions, including, but not limited to, requesting additional information from the Recipient to detezinime thereasom for or the extent of non-eomYplia= or lack of performanx or issuing a written os.oaa wwi AVE u2M sMww - rc -14- 2M 01 su3 l • warning to advise thatmore serious measures maybe taken ifthe situation is e. Exe rdse any other rights orremedies which maybe otherwise available under law, including, but not limited to, those descnW in paragraph DL3. 3. FCT may terminate this Agreement for cause upon written notice to the Recipient. Cause shall include, but is not limited to: fraud; lack of compliance with applicable rules, laws and regulations; fafimre to perform in a timely mannw, failure to make sigxmificant press toward the closings) of the real estate transactions) and bulanagement Plan approval; and refusal by the Recipient to permit public aooew to any documeat, paper, letter, or other mWesial subject to disclosure under Chapter 119, F1a.Stat., as amended. Appraisals, and any other reports relating to value, offers and 0 .. �4M. s are not available for public disclosure or inspection and are exempt from the provisions of Section 119.07(1� Fla. StaL until a Purchase Agreement is executed by the Owne(s) and Recipient and oonditionally accepted by FCT, or if no Purchase Agre mneat is executed, then as provided for in Sections 125.355(1xa) and 166.045(lxal Fla. Stat: 4. FCT may terminate this -Agreement when it determines, in its soledisSxetioam, that the continuation of the Agreement would not produce beneficial results , o' In =MewithdWfurther expenditure of funds by providing the Recipient with thirty (30) calendar days prior written notice. 5. The Recipient may request termination ofthis Agreement babn b Expiration Date by a written request fully describing the circumstances that compel the Recxpimt to terminate the • project. A request for termination shall be provided to FCT in a manner described in paragrapb V.I. XIV. LEGAL AUTHORIZATION l . Mw Recipient certifies with respect to this A,,, .t that it possesses the legal authority to receive finds to bepmvided underthis Agreement and that, ifapplicable, its governing body has authorized, by resolution or otherwise, the eacecution and ameptance of this Agreement with all covenants and assurances contained haven. TheRe*emt also certifies that tho ndersgned possesses the mWu city to legally execute and bind the Recipient to the terms of this A„ . M � L 6 61 XV. STANDARD CONDITIONS 1. This Agreement shall be construed under the laws of the State ofFlorida, and vemte for any actions arising out of this A& ,,,., , sW He in Lean County. 1f any, .... I Lj , ..hereof is In cordliet with any applicable statute or rule, or is otherwise t .. -.' :...,able, then sw& pR1C9visi0l! shall be deemed vA and void to the extent of such conflict and shall be severable, but shall not invalidate any other provision of this A,.,,;, 2. No waiver by FCT of any right or remedy granted hereundt or feu-nre to hWst on strict performance by the Recipient shall affect or extend or act as a waiver of any other rift or remedy of FCT heramder, or affect the subsequent exercise of the same right or remedy by FCT for any further or subsequent default by the Recipient. Any power of approval or disapproval Apra 4 2W SM" - cc .15- 281 of 305 r� . granted to FCr under the terms of this Agreement shall survive the terms and life of this Agreement as a vibole: I The Recipient agrees to comply with the Amwkans with Disabilities Act (Public Law 101336. 42 U.S.C. Section 12101 et mq.), if applicable, which prohibits dtscri,1 '- 'ion by public and private entities on the basis of disability in the areas of employment, public moons, transportation, Stare and local governmt services, and in teleconmm ui M;: 4. A person or affiliate who has been placed on the; convicted vendor Dist following a conviction for a public entity crime or on the story ve aft list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a pubhe entity for the construction or repay of a public building or public work, may not submit lease bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor. or consultant untie:► a contract with a public entity, and may not transact business with any public entity m excess of Category Two for a period of thirty -sic (36) months fim the date of being placed on the convicted vendor list or on the & ! a jww ;.j vendor list. S. No fiords or other,, . w, received from FCT in connection with this Agra ment may be used directly or indirectly to influence legislation or any other official action by the Florida Legislatum en any atate agency. This Grant Coattail embodies the entire agreement betwcm the: partite. • IN WITNESS F, the parties hereto have duly w=uted this or�ent Contract. CITY PLO By- t �taQer xea Reetiy Title _c. ,L� _elder - Progeam Manaw Date: `� Date: --?` °"( Afg#rove as to tint and Legality:ay:PrintNaobart Kristen L. Coons, Trust Counsel ATP68Tt ` �?Wl sally A. Ma , C - City Clark NM" -GC r16-. . 282 of 305 . � J • Contract NoRer-61--ffl-&-kW This is a Confidentiality Agreement ('Agreement') pursuant to Rule 9K-10.005(3), Florida Administrative Code (F.A.C.). Partke to the Confidentiality Agreement: The City of Sebastian ("Recipient"� a local government of the State of Florida, and the FLORIDA COMAUNMES TRUST ("FCT'), non -regulatory agency within the Department of Community Affairs. Pared Covered by this Agreement: This Agreement covers all parcels identified as part of the project site in SMWW application O&M -WWI that was selected for funding and is govemed by a Grant Contract far FCr Project Number 084)03 WWI ('Project Site"). Confidentiality: a) Punt to Rule 9K 10.002(8), F.A.C., the term "Confidential" refers to Wbimation that shall not be available for public disclosure or inspection and is exempt from the provisions of Section 119.07, Florida Statutes (F.S.). b) The Recipient and its agents shall maintain the confidentiality of sill appraisals, offers, and counteroffers as required by Section 125.355(1)(a), F.S., for counties, or Section 166.045(IX4 . F.S., for municipalities, and Chapter 9K-10, F.A.C. The Recipient may disclose such confidential information only to the individuals listed herein below. c) Requests to add persons to the disclosure list shall be made in writing. Upon the written consent of the FCT Comnmmity Program Manager, the Recipient shall execute an Addendum to the Agreement. All c afidenturlity , ; eats outlined above shall apply to individuals added to the list. • d) The undadgaed board members and staff of the Recipient and its agents, if any, agave to maintain the e6fida3dality of appraisal fthnmation, offers and counter-offers cone eaniing FM Project Number 09-0003-WW1, as required by Section 125.355 (1)(a), F.S., for counties or Section 166.045 (1)(A), F.S., for municipalities, Chapter 9K 10, F.A.C., and this Confidentiality Agreement between the Recipient and FCT. AIM0e9 ..... 283 of 3O5 • • • e} The undav4ped certify that they have no legal or beneficial interest in the Project Site. Date Re*ant Board Member, Signature Staff or Agent Name 4/ 2 2/ 2 009 isayor Bkbud H. Oil]mor 4 / 2 2 / 2 009 Vice HMT Jim Rill -_ 4 / 2 212 009 oaocil tlaicber Andcea Coy 4/ 2 2/ 2 0 0 9 Date Sf=hIck 2009 Couacil bsR= Wblff T Al01 Mi�rr� MY HWMGN 4 / 2 2 /09 Rebecca Qmholl, Orawth Mga t. Dir. 4 / 2 2 / 2 009 Robert ditbuig. City Art mww,, 4 / 2 2 / 2 00 9 Sally.A. We, City Cie* CITY OF FWRIDA COMM<INTTlirS TRUST BY By. 'I"dle:V Kea Rey Comnitmi ., Program Manager Date: 412-q oq Date. 5-1-01 AppzOvAss to form and legality. 001, By. Robert A. 6 bwWrg Title: City AtJe=W A MT ?�-- Sallyk-a"Vity Clerk U403MM 4fiddtm9 .. . 2 Approvedasto form and legality: �� O.S -I By. Kristen L. Coons Title. Trod Counsel - - --184 of 305 FCT Contract Number -i2L-QX F:1- flt—f. AI -003 • FLORIDA COMMUNITIES TRUST W W 1 Award Number 08-003-W W 1 SEBAS11AN WORKING WATERFRONT COLLABORATIVE ADDENDUM I TO GRANT CONTRACT THIS ADDENDUM I is entered into by and between the FLORIDA COMMUNITIES TRUST (FCT), a nonregulatory agency within the State of Florida Department of Community Affairs, and the CITY OF SEBASTIAN, a political subdivision of the State of Florida (Recipient), this day of 1Y1� .2010. NOW THEREFORE, FCT and the Recipient mutually agree as follows: WHEREAS, the parties hereto entered into a Grant Contract which sets forth the conditions of conceptual approval that must be satisfied by Recipient prior to the receipt of the FCT Florida Forever award and the restrictions that are imposed on the Project Site subsequent to its acquisition with the FCT Florida Forever award; WHEREAS, the initial term of the Cmnt Contract expires April 15, 2010; WHEREAS, the Recipient in accordance Section 2 of the Grant Contract has timely submitted to FCT a written request for extension of the April 15, 2010 deadline; WHEREAS, Section 2 of the Grant Contract states that the Grant Contract may be amended at any time and any modification must be set forth in a written instrument and agreed to by both the Recipient and FCT; WHEREAS, the parties hereto desire to extend the term of the Grant Contract; NOW THEREFORE, FCT and the RECIPIENT mutually agree as follows: 1. Notwithstanding the language of Section I of the Gram Contract the parties hereby agme to revive it nuns pro tune as though it had not lapsed in accordance with paragraph 1.. 2. In every respect, this amendment is to be construed and applied as though the parties had both signed it before April 15, 2010. 08-003-WW 1 April 15, 2010 GCAMDA r� U 1?C --,']05 • • 3. The Grant Contract by and between FCT and the Recipient is hereby extended until Wober 15, 2010, , . This Addendum I and the Grant Contract embody the entire agreement between the parties. All other terms and conditions not specifically referenced in this agreement remain the same and unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed this Addendum 1. CITY F ASTIAN FLORIDA COMMUNITIES TRUST B . iiJ�1 By: Paety Al Mjdner Ken Reecy City Manager Community Program Manager Date: Date: S- l `Io- I o Approved as asto Form and Legality: By: Afe Robert A. Ginsburg 08-003-WW 1 April 15, 2010 GCAMD.1 2 Approved io Form and Legality: By: Kristen L. Coons, Trust Counsel 286 of 305 '"- • • • Exhibit I For Lease Between City of Sebastian and Fisherman's Landing Sebastian, Inc. --------.....- - .. ---- --- ail? of 305 Exhibit H Declaration of Restrictive Covenants 288 of 305 r- 2077484 THIS DOCUMENT HAS BEEN RECORDED IN THE PUBLIC RECORDS OF INMAN RNER COUNTY FL This dw mwt tmlmvd by: 8K 2431 PG..1 26k Pagst of 12 07n2=0 et 11M AM, Kristen L. Coons,bqWre Plotkin Comtau nwo Um JEFFREY K BARTON. CLERK 13F COURT Department of Clam wulty Atiairs • 2553 Shumerd 09k Blvd. Tallahassee, M 3239.9 FLOMA COIV1l AUNT 3 TRUST SMWWl AWARD #08-003 WW1 FCT Contract 09-CT E1-08-F8di1 WW2 SEBASTiAN WORKING WATERFRONT DECLARATION OF RESTR-Cn[V.E COVENAM TES DECLARATION is entered into by and between the F LONDA COMMMT ES TRUST (;TCr% a ucamquIstory agency within the State of Florida Dept of Community Affairs, and the CITY OF SOMSTIAN, a political subdivi3iop of the State of Florida CRecipien ). THIS DECLARATION IS ENT4s M INTO BASED ON TBE FOLLOWINO FACTS: WHHMUM, the intent of this peclaration is to impose terms and conditions on the use of state f rods and the lands mp*ed with sttch, state fltads, as described in Exhibit W attached hereto and trade a part hereof ("Project Site"N that am accessary to ensure compliance with applicable Florida law and to otherwise implement the provisions of Sections 259.105, 259.1051 and Chapter 380, Part M Florida Statutes; • WHEREAS; Chapter 380, Part III, Fla. Star, the Florida communities Trust Act; creates a non: regulatory agency within the Department of Community Affairs ("Department") that will assist local governments in bringing into compliance and implementing the conservation, MXeation and ripen space, and coastaf elements of their plans ar in conserving natural resources and resoi ft land use conflicts by providing financial assistance to local governments .and nonprofit working wafittfront organizations to carry out projects and activities authorized by the Florida C . — files Trust Act; Vim,• the people of the State of Florida are concerned about the loss -of adequate access to tidal waters for the commercial harvesting of wild and. aquacultured marine organisms within the State of Florida; WHEREAS, FCT is funded through either Section 259.105(3xc), Fla. Stat. of the Florida Forever Act, which ,provides for the distribution of two point five percent (2.5%), less certain reductions, of the net Florida Forever Revenue Bond proceeds to the Department, or any other revenue source designated by the Florida Legislature, to provide land acquisition giants to local governments and nonprofit working waterfront organizations for the acquisition of working DRC108-003-WW1 6/11/2010 2Sn nt 3a5 WHEREAS, the State of Florida, acting by and through FCT, and the. Recipient seek to permanently preserve and conserve the Project Site as a working waterfronts sine the Project Site . bas significant value as working watedUout real estate to provide access to tidal waters to support or to provide direct puvides to Working W.Lw.1.,- Eusinesses; WHSRMAS. Rule 9K 9, Florida Administrative Code ff A.C.`), sets frith the procedures for the evaluation cad selection of lands proposed for acquisition and Rule 9K .10, FAC. sets forth the acquisition prmdures; WHEREAS, FCT has approved the teams under which the Project Site vas ac gaimd. and the deed whereby the Recipient acquired title to the Project Site. The deedshsllh.� W , „; "Zs aW restrictions as are m0clent to ensure that the use of the Project site at all times oplies with Section 375.051, Florida Statutes .and Section 9, Article X9 of$sa State Con*rtioua and it shall contain dauses providing for. the coke of title to the btVct Site to the SoW offrustm of the li=al Improvem ent Trust F1md e T rustees') upon the velure of the Rec ipientto use the Project Site acquired doeby for such purpow; WfIERW, the purpose of tills Declaration is to set forth the covenants and reddefions that we imposed on the Pr()ect Site subsequent to disbursing FGT Florid$ FQZOVWAM& io U Rectient for Prajeci Costs; -and, W MREAB,'dris Declatation comfitiles a restriction and covenant that shell Arun with the laud and is binding upon the Recipient, its successors, and assigns in the -event ofany transfer, sale or foreclosure of the Project Site. NOW THEREFORE, in consideration of the mutual covenants and unde set forth herch aud other good and valudble ciansidemdon, the rw*t and sufficiency. ofWch.is hereby acJmoWledged, I+CT and the Recipient do.hereby contract and agues as follows: I. PMOD 01+ AGREEMENT 1. This Declaration shall W& upon executioll by both parties. The ctoverWnts and tastilctions cpnWAed herein shall run with the Project Site and shall bind, and the botathall inure to, PCT and the Redplant and their ragw0ve succcssors and assigns. II. MODIMCATION OF DECLARATION 1. Either party may request modification of the provisions of this Declaration at any time. Changes which are mutually agreed Upon'shall be valid only when reduced to vaift and duly signed by Wh of the parties hereto. Such amendments shall be incorporated into thig.Declaration. II% RECORDING AND APPROVAL OF DECLA.RA1TON OF A , RICTIVE PW. 08-003-WW1 0 6/11/201:o 290-o€ 305 _.._ COVENANTS 1. Upon execution by the parties hereto, the Recipient shall cause this Declaration to be • recorded and filed in the official public records of Indian River County, Florida, and in such manner and in such other places as FCT may reasonably request. The Recipient shall pay all fees and charges incurred in connection therewith 2. The Recipient and FCT agree that the State ofFlorida Department offinvironmental Protection shall forward this Declaration to the Department of Environmental Protection Bond Counsel for review. In the event Bond Counsel opines that an amendment is required to this Declaration so that the tax-exempt status of the Florida Forever Bonds is not jam, FCT and the Recipient sham amend the Declaration accordingly. IV. NOTICE AND CONTACT 1. All notices provided under or pursuant to this Declaration shall be in writing and delivered either by hand delivery or first class, certified mail, return receipt requested, to the addresses specified below. Any such notice shell be deemed received on the date of delivery if by personal delivery or upon actual receipt if sent by registered mail. FCT: Florida Comm''.:-, Trust Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 0 ATTN: Program Manager Recipient: ATTN! 2. In the event that a different repxsentative or address is designated forpsragraph 1. above after execution of this Declaration, notice of the change shall be rendered to FCT as provided in paragraph I. above. V. PROJECT SITE TITLE REQUIREMENTS IMPOSED BY CHAPTER 259, CHAPTER $75 AND CHAPTER 3801, PART III,. FI A.. STAT. 1. Any transfer of the Project Site shall be subject to the approval.of FCT-and FCT shall enter' into a new a6reement with the transferee containing such covenants, clauses or other restrictions as are sufficient to protect the interest of the State of Florida. DR000403-WW1 • 6/11i2010 ')ni r�nc 2. Ile interest acquired by the Recipient inthe Project Site shallnpt serve as securityfor any debt of the Recipient. • 3. If the existence of the Recipient. 6, ' *.:�.1:4: for any M$014 title to the Plect Site stall be conveyed tp the Trustees unless FCT negotiates an agreCmend with another 'local goverment, nonprofit environmental oTwi M the Florida Division of Ferry., the Florida Fish and Mdlife Conservation Commission, the 1) . 1, 1 of ,Environmental. Protection .or a Water Management District who agrees to accept title and manage the Project site. 4. jAIhe evmt &d the.Pwject Site is damaged or destroyed or"elo Wxbject Site, or =y lMt *moo is taken by mq govemmenW bodytrough tlse exercise arthe O teat.ofd a exm ise -ofi to power ofeminent domain, thaWpient sImlldepo*vdthFCTanyh==mprooeeds or any conti mrtaitou award and shall promptly commemee to rebuild, replace, repair 9t restore the Project Site in:saoh manner as is consistent with the DeclaratiRn, FCC' shall make may sttoh. wee proceeils or award moneys available to :provide fIWds-for sudh.restvratioU work. In the eveW-OW the kedomt fags to aQmntenco or to completo therebtnlding, repair, r cent or restmation of tits P.rlect Site after notice ftm RCT. FCT shy have 3he.riok in, adMch to any other nmedies -at Iaw or in equity, to repair,. irMore, rebuild or replace .the Project 'Site Was to prevent tht occunww of a d Ault. hereunder. N0&ftstandiag any of the foregoing, FCT she;D bays the right to seek specific performance of my ofthe covenadtg and restrictions of this De aration.cenmnbg the vction* d aped of the Pmject site. VL MANACrENWNT OF PROJECT SITT 1. The Project Site shall W srimuvd only for the eanservadwk protection and moment ofwarkn#g waterfronts, along With athcrreiaWv= necessary fbr ft awompliahment of tWs purpose. The proposed uses for the Project Site art speaifically doa4p bed in the Mwgmtnt Plan approved by FCT. 2. ; The Rgccipient shall ensure thou tbe-fuh>ieland we designation assipgi d to the Project Site is: for a category dedicawd to working.wW*mt usea, as approp�te. If an mmadtbat to: the Vplicabia compsehaudve plan is required, the ammdment shall 'be proposed at the nen comi?rehetgirfe plan amendment .cycle available to the Recipient. 3. The _Recipient shall ensure; and. provide evidence thereof to FCT, t *41.activities under this Declaration comply with all applimble local, state, veglonal and federal laws and regulations, includingwring ordinances and the adopted andipproved comprehensiveplan for the jurisdiction, as applicable. Eyidence shall be provided to FCTtW all required liceasos.and permits have been obtained prior to the commencement ofany construction. 4. ne Recipient shall, thrvu gh its agents and employees, prevent the unauthorized use DR008-003-wW1 6/11/20i0 • LJL 1 JV3 oftheProjeet Site orany use thereofnot in cwnfomrity with the ManagememPlan sffmved by FCL S. FCT staff or its duty authorized des shall have the right at any time to • inspect the Project Site and the operations of the Recipient at the Project Site. . 6. All buildings, stmctures, improvements and signs shalt require the prior written approval of PCT as to purpose. Further, tree removal, other than non-native species, and major land alterations shall require the written approval oi"FCT. The approvals mpure l from FCT " not be %mreasonably withheld by FCT upon sufficient demonstration that the proposed shuchnu% i uiltlings, improvements, sivegetation removal or Iand Alterations vvr�l not adversely impac gns, t *e natural resources or woi ug waterfront aspects of the Project Site. FCT's approval of the Ro*enfs managemeatPlan a wressing the items meodoned herein shall be considered written -approval from FCT. 7. Ewchaeological and historic sites are located on the Project Site, the Recipient shall comply vA Chapter 26.7, Fla. $tat. The collection of artifacts from the Project Site or the disturbance of awhaeoiogicgl and historic sites on the Project Site shall be prohiibitea unless prior written mnharization has been obtained from the Dement of State, Division of Historical Resources, S. Ag required by Rule 9K 9, F.A.C., each year after FCT reimbursmcnt of Project Costs the Racipiart $Mall prepare and submit to FCT an annual stewardship report that documents the progres's made on irpplementing the Management Plan. • VII. SPECIAL MANAGEMENT CONDMONS In addition to the•Management Plan conditions already described in this Agreement which apply to all sites acquked with FCT funds, the Management Plan shall address the following c tuitions that are pardculo to the project site and result from either representations made is the application that received scoring points or observations made -by FCT staff dining the site visit described in Ruie'9K 9.007, F .C.: 1 L The future land use and Zoning designations of the project site shall be. cban$ed. to Working Watorironts or other similar category. 2. A permanent recognition sign, at a minimum size of Y x 4% shall be maintained:at the entrance etas. oaf the project site. The sign shall acknowledge that the project site was pombased with funds from the Florida Communities Trust Program and the Recipient. 3. After closing, the existing submerged land lease will be transfer to the Recipient. DRCWS-003-WWI 6/1-1/2010 .i n-I -.p Inc 4. Annually the Recipient will provide a letter from the Depautnmeal ofEavironmental Protection stating the Recipient is in compliance with Chapters 253, 258, 373 Part IV and 403 Florida Statutes and the submerged land lease for all facilities or sttuctares on the Project Site • that are boated overstate sovereignty submerged,land and that applicable fees or wetsNp certification forms are current or that the facilities. 5. One: of the adsting buildings on the project site will be used as a working watetlront building and the other as an educational site highlighting the cultural and historic heritage of Florida's traditional Working Waterfronts. d: Permanent structured displays of arOacts and other items shall be provided that provides information about the economic, cultural or historic h aitage of Florida's traditional Working Watmfronts. 7. Interpretrre kiosk or sips shall be provided that educate time public about the economic, cultural, of historic heritage of lnor ida's traditional Working Wate&wts. VE is llll',CURDKWING, AUDIT REQUMMVIZNTS i. This Recipient shall maintain financial pa.ocedum and support documents, in accordance with gouerally accepted acmuming principles, to account.for the receipt antavpenditure of funds under thin Declaration. These records shadll be available. at all reasonable times for inspection, review or audit by state personnel, FCT and other personnel duly authorized by FCT. •"lt ecsonable" shall he consU ted according to the. cir+aunustaruues, bid,ordinarily shall mean the normal business hours bf 8.00 a.m. to 5:00 p.m., local tftne, Monday through Friday. 2. If the Recipient expends a total Mount of State financial lassistance equal to or in excess of $500,000 in -any fiscal year of such Recipient, the ipient must'havue a State single or project -specific studit for such fiscal y=iaaccordawx with Section 215.97, Fla. Statr, the applicable rules of the Farecutive Of&oe of the Governor -and the Comptroller and Ch4pter 10.550 (local government entities) or Chapter 10.650. (nonprofit oxganfzationsJ, Rules.of the Auditor fteral. In determining the State financial assistam expendW 1A its Swd year, the kw*cat skull consider all sources of Stale financial assistance, including State funds received from FCT, other state agencies and other non;-stwe entities. State financial assistance does not igclude Federal direct or pass- t6rough' awada and resources. received by a nou state eimaty fqr Federal program matching requirements. Ilse funding for this Declaration was recei*A by F T as a prantapproo4don. In connection with the audit requirements addressed herein, the Recipient shall ensure that the audit complies with the requirements of Section 2154970, Fla. Stet, This includes submission of a reporting package as defined by Section 2,15 57(2)(d), Fla, Stat. and Chapter 10.530 (local government entities) or 10.650 (nonprofit organizations), Rules of the Auditor General. DRC108-003-WWI • 6/11i2010 G%`F V1 JVJ 3. if ihe.Recipient mends less titan $50%000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Fla. Star. is not required. if the Recipient elects to have an audit conducted in accordance with the provisions of • Section 215.97, Fla. Stat., the cost -of the audit must'be paid from non -State fiords (ie., the cost of such an audit must be paid from Recipient funds not obtained from a State entity). 4. The annual financial audit report shall include all managen-xnt letters, the Reoipieds response to all findings, includatg wrrective actions to be taken, and a sc#tedulo of financial assistance specifically identifying all Declaration and other revenue by sponsoring agency and agreement Aumber. Copies of financial reporting packages required under this Article Aall be submitted by or on behalf of the Recipient directly to each of the following: Department of Community. Affairs (at each of the following addresses): Office of Audit Services 2555 Shurnor+d Oak Boulevard Tallahassee, Florida 32399-2100 and Florida Communities Trust 2555 Shumand Oak Boulevard Tallahassee, Florida 52399-2I0o State of Florida Auditor General at the following address: Auditor General's Office, Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302-1450 5. Ifthe auditahows that any portion of the funds disbursed hereunder were not VAWin accordance with the, conditions of this Declaration, the Recipient shall be held liable for reimbursement to FCT of all funds not spent in accordance with the applicable tegnlations and Declaration providons-within thirty (30) days after FCT has notified the Recipient of such non- compliance. fr. The Recipient shall retain all financial records, supporting doCuments, statistical records and any other documents pertinent to this Declaration for a period of five years after, the date of submission ofthe final expenditures report. However, if litigation or EM audit has been initiated Prior to the eViradon of the five-year period, the records shall be retained until the litigation or audit findings have been resolved 7. The Recipient shall have all audits completed in accordance with Section 215S7, DR008-003-WWI Fla. Stet. performed by an independent certified public accounUot C IPA') who shall either be a certified public accountant or a public a.--mtant licensed under CbVtw 473, Fla. Stat. The IPA shall'stete that the audit complied with the applicable provisions rioted above. • IX. DEFAULT; REMEDIES; TERMINATION 1, if any essential term or condition of the Declaration of Reshictive Covenants is violatod by -the Recipient or by some third party with the lmovVfedge of the Recipient, the Recipient shall be-notiOed of the violation by written.notice given by peraonal, delimy, regis-ed marl or A moedhed service. The recipient shall Mgr y oommeaft to cure the violation or c omplideF st;nft Otivfties wid4a thirty (30) days aft receipt of notice'a Me.vidWoom. IMe =Wg activiffies Can hot be reasonably ,00m *ted within the specified thirty (30) day tipfistne, the Recipient shall submit a timely wriMm request to the FCT Troprum Manager that hwbdes the status of the current activity, the reasons for the delay and a time ftwe for the completion of the om ing activities. FCT'sW-submit a written rasponse within thirty (80) days of recelpt of the request and approval shall not lie utu+easonably withheld.. It is FCT'spafdd(m titataii m&g activities shall be compleiud within one .hwWmd twenty (120) dgys of the Recipient'$ notiticaa&m of the violation. hlowo m', if the Rc*egt can demonstrate extehua&g circu mstaums exist -ID justify a greafr extension of time to c ompleto the aabities; XT shad give the regw* due'condderation. If the R xipient ails to carrect the'violsNon within either (a) the hitial-thirty (30) do di n&$ame or (b) the time ftftapprovedbyFCTpursmattotheRecipieot'srequest fee iis P etitl.1oto'allWer+estinthe I oj,ect Site shA be conveyed to the Tyne M unless FCT negotiates an. w govftment, nogrPfit environmental brganiW io% the Flor*i Division of Foresby, .the i?lodda Fish and Wildlife Conservation Commfaafort, the Department of$�mental ftftdon or a Water •i?�I geinentDistrict, who agmes-to aEx*pt:title and manik thehojed Site, FCT beat such propetty in accordance with Section 380.508(4)(e), Fla: Stat: X. LEGAL AUMORIZATION 1. The recipient certifies With respect to this Declaration that it posse$ses the legal authority to Rehm ids to be provided.unde;this;I3 on and that, ifappfic able; its goventing beady has autltoazed, by resolution or otherwise, the execu loan and acceptance. of tins Dedaration with all cmxenants and asstuances eontciaec} isemin. 'Iliap,ges that the wndosigued possesses the authority to legally execute and bind the Recipient to the teen= ofibis Declaration. M. STANDARD CONDITIONS 1. This Declaration shall be constrw4vnder the lawn ofthie State of Flq da, and venire for any actions arising out of this Declaration shall lie in Leon County. If'aby provision hereof is in coaffict with any applicable statute or rule, or is otherwise unedmteable, then -such prevision shall be deemed null and void to the extent of such conflict and shall be severable, but shall not invalidate any other provision of this Declaration. DRC108a3-WW1 s/ii/zoo /-"OIJUJ 2. No waiver by FCT of any right or remedy granted hereunder or f9bue to insist on strict performance by the Recipientshall affect or extend or fact as a waiver of any other right or • remedy of FCr hotgunder, or affect the subsequent exercise of the same right orr remedy by FCT for any further or subsequent default by the Recipient. 3. The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101330, 42 U.S.C. Section 121014 sea.), if applicable, which prgWita nation by public and private entities on the basis of disability in the areas of employment, public accommodatio uk tt�anspormtion, State and local government services, and in #aleGommuaieation&. 4. A.pmon or affiliate who has been placed on the convicted vosddor Ud following a coo vietion for a public entity crime or on the discriminatory vendor list may not submit a bid on a contractla provide any goods or services to a public entity, way not submit a bid on a contrsctwith a public entity forthe construction of repair of a public building or public vlork maymot submit lease bids on Ieasa of real property to a public entity, may not be awarded or perform wodt as a sltpplier, subdonteacton or cousulteut under a contract with a public emfity; and may not transact business with any public entity in excess of Category Two for a period of 36-months Etom the date of b*g planed on the convicted vendor list or on the disctim . tory vendor list. S. No funds or-Odw resources received firm FCT in connection with this Declaration may be used &ecdy or indhiectly to iniluence legislation or any other oflYcial action by the Florida IAgislature or any state sgeaq. • This Declaration including Exhibit "Ar embodies the entire agreement betweai the parties. DROOS-003-WWI • 6/11/2010 .227of 3.05 l 1 IN WITNESS WH MOF. the parties hereto havu duty executed this Declaration. I STAT$ OF rF14MA COUNTY OPINDTAN RIVER drY OF SEBASTIAN. it political subd&Wpp of th$ Slate o£Florida Date. At �F ffitdregaaity: Byr r�. The fm sing inst font was aeimowlodged behie me: this Z f 1day of . l 4n e, 2010, by 7i Iy inner on licltalfofthel Aml f3ovemmmt; acid who.is y lowvin tome. DRC10S-003-WW1 6/11/2010 • Io #may •b PrIntlJ�a �+Cr�r1e•�-e, �A%lllrctm.z Comfissioh No. DD OW ' My CQmudsion Expim 1 IX, ✓",v-�- Witness: FLORIDA COMMUMMS TRUST By., 14,16. - Ken Reecy, Cgm lm* Manager Florida Communities Thist Dom: . G -;5-(r) AaLegaityoand B3� 0jtt!!!_ Kristen L. Coons, Trud Counsel STATE OF FLORIDA COUNTY OF LEON The foregoing imft went was acknowiedged before me this , 2010. by Keen Reecy, Conmu6ity Program Manager, Florida Commtnuties Tr11 ispemmuy known to me. �J DRC108-003-WW1 106/Z1/ao10 11 AT"6 w Public ` PrWNeme: C.,. �...,• . ��.,on No. My Commission RVimp: ariaua�eaa ZV 74a f 101; N WM T -A- DANCU-PARCEL Lots 1, 2,04 3, Block 2, Nddletca's Subdivision ofCity of Sebasita% auc&ding to the map or'plat thereof as recorded in Plst Book 2, Pdge 56, Public Records of Indian River County, Florida. soVkirw..K WM. From 01 point of beghmiAS at the .,,., ,:. , . , of the South line of tlovemmeat Lot 2, of Seetiou 31, Township 30 OcU, Rmmge 39 east, Indian Rimer County, Florida and the Mm 1110 Water Mark of iho West beak of iadW R iver,•run West along said South line' of GtvarmhemW Lot 2 a distance of 20.05 feet, More or lass, to the P.astTiglit-of-way of Old U.S. Highway No. 1, said d& -O way beihg 66 thet inveldt g dmce ran North 25 degrees 22 minutes West alougmid East roof-w y line a dicta m of 71.4:5 fly then ran parallel to *a South line ofmid Govmlmentel Lot 2, a distaace of 94.89 feet; %almcn run North 70 &zits 45 miintites East a diatence of 132►03 £e* to the established hc}t }mad ling thmoe tun South 25 dcpaes 22 t1iWm Bast:along said buMead line a distsnea of 66.43 ft4 theupe = &mth 70 dsgrm 45 minutes West a diom a.414550 faA to• tea point of beg3nnIag-on tlne:Mesa OIA W*r Lino oflndiarr Rim and on the South line, ofsaid'GoverungedtUt% AND ALSO all of dw-p o 4f Lot 1, Block 1. 1vi=1~,B'i'OW —S SM. JI ISION OF CITY (0 SMASTIAN, amiadiag to plat tie reofrecor4ed la -MBank 14 Pap M. Public Records of kdian River Camuty, Florida lying -East nfhWan River bAve (Qld U.S. Hvvy 0)) and dmUffied as follows: Pram apoint beginning at the Men. 0 Water Ike oftht West show oftheIndia Rivera% the Township Line between Tovvaft 30 South ad TdWnship 31 Sooth, fun West slang said �'Qtsnshtp fine (sa fe beiggthe NcOt(t jiae of Wd Lot .l, .$lock 1, MIDDLB°TCN*S SMIYB1R1N CF WY OF OMASTMN, a df WAce -of 90.05 *d n owe or less), to the Peat right-ot wey of Indian, nrive (Old U.S. Eig*oyNo. 1) sWd rigin"f-way being.66 fiW in width. Ste aft run South 25 degas 22 mintans Best along said Best right -or -way a &Amc a of 90 ftm4 thanes ma NarM 80 degrees 00 nihnam 00 m=Ws W-a. dismnce of I13 6et.mOY4 or leas to the Mmm Hkh'WaWL ge of the Indium Oer; bow meant* the Mesm.Tligh Water Linea a Naeffiviesterbr dkwti6a to the point 6f beginning: &R,OWSXJ PARCM ``ME South 13 fe8t of Ut 1 and all of Lot 2, Block 1, Mtddlettm's Subdivision, awadhiS to Xhe Plat mcorded lip PiatBook 2, Page $6, Public Records of Indian River County, Florida, more phi Wuly des.at. d es:follomm Beginning at the Inbersecdo of the South line ofMicidleton's Subdivision and the Bout right -of mW lint of ludian Rivas Drove being n Iioir# 37.15 feet dqe Bast of the cem*Une 0I64m River )3rit►e), the Point of Beginning: The= Northerly 11$ derfts 41 minutes 37'seconds :slongthe BUt riOt-of-way; a dunce -of .l 84:75 feet more or Iess.lo a concrete motet msrkcd "A thence run . k st. I:0' North of due Bastto the high -waterline of the. k4ish River, themes Southerly along the high waterline of %id Indies Rivas to a point iniera the P.aswly projected Soft line Hof Middletoa's Subdivision and tine high waterline of tira':Min ltiy►er, themo West to the point of heginning. Being, apart of Qovema"t Lot Yr Sa4pa 6, Township �2 Boutii, Range 39 East. Together with an upland, .mbinewd I!Fk jittoMl rights, shore rights and ripaciap.right s Wag to the rgm thereof to the venter ofthe Judian WO%Xk e dt t h see appertain to the property above described, 5 BNT? OF LBLiI},L DESC:RMT1Oti: r �i. .•;;stir. � .i.:i f.:rwi •. DRC1O8-003-WWI 6/111201.0 12 JVV 01 JV_J I Fisherman's Landing Sebastian, Inc. PO Box 782038 Sebastian, FL 32978-2038 September 30, 2011 Al Minner Sebastian City Manager City of Sebastian 1225 Main Street Sebastian, FL 32958 Dear Mr. Minner: Please let this letter serve as notice to the City of Sebastian, effective immediately, that I have resigned as president of Fisherman's Landing Sebastian and that Tim Adams is now serving as president. Sincerely, ariie Sem er 301 of 305 FIRST AMENDMENT OF THE LEASE BETWEEN THE CITY OF SEBASTIAN AND FISHERMAN'S LANDING SEBASTIAN, INC. THIS FIRST AMENDMENT of that certain lease between the CITY OF SEBASTIAN, a municipal corporation (hereinafter called "LESSOR") and FISHERMAN'S LANDING SEBASTIAN, INC., a non-profit corporation organized and existing under the laws of the State of Florida (hereinafter called "LESSEE"), dated duly 28, 2010, provides as follows: WITNESSETH: WHEREAS, the Lessor is the owner of property located at 1532 and 1540 Indian River Drive, Sebastian, Florida; and, WHEREAS, the lease was executed to promote and develop a working waterfront In Sebastian, Florida to stimulate commercial fishing and tourism in the community's recognized redevelopment district; and, WHEREAS, the Lessor and Lessee wish to modify the Lease to expedite the central purpose of the agreement and take advantage of cost saving measures. NOW, THEREFORE, in consideration of the mutual covenants hereafter provided, the receipt and sufficiency of which are hereby acknowledged by the parties have agreed as follows: Paragraph 8 titled `Improvements" Is hereby amended to read as follows: 8. IMPROWNTS. The Leased Premises are accepted by the LESSEE as is. The LESSEE agrees as A. LESSEE agrees at its sole cost and expense to design, construct and maintain the following improvements at 1532 Indian River Drive: (1) Restoration and creation of a new fish house. The fish house shall serve as the primary weighing and fish processing station. The fish house will also provide a visitor's station enabling a safe and convenient location for the general public to view and be educated about the commercial fishing Industry in Sebastian. (2) install and maintain new aquaculture equipment including raceways and upwellers as necessary for the operation of the working waterfront. (3) install and maintain new docks and boat slips as may be determined by the LESSEE as necessary for the operation of the working waterfront. (4) Clear all debris; install and maintain new landscaping along the uplands portion of the Premises. (5) Install a north/south "public access' boardwalk along the shoreline in order to link the waterfront properties to the immediate north and south of the premises. Lessee shall make Improvements at their discretion as scheduling and funding permits. B. As an Economic Development component of the Stan Mayfield Working Waterfront Grant, LESSEE agrees to solicit and oversee business operations that will be located at 1540 Indian River Drive. Enterprises that may be located in 1540 Indian River Drive will support commercial fishing operations and may include: (1) Fish Market, with limited seating for food and beverage service; (2) Hosting of community events and demonstrations educating and celebrating the contributions, history and heritage of Sebastian's commercial fishing industry; (3) Smoke House and Seafood Operations, and, (4) Other ancillary business/activities as approved by the LESSOR and the Florida Communities Trust. C. LESSEE acknowledges the existing conditions at 1540 Indian River Drive and will make the following Improvements In order to entice ancillary waterfront business: (1) Repair Air Conditioner, (2) Roof Repair, (3) Interior and Exterior Painting (wall remediation); (4) Electrical; and, (5) Exterior Restroom Entry. LESSOR shall pay LESSEE up to $250,000 for making said improvements. Funds shall be paid to LESSEE for Improvements based on pay request submitted to LESSOR as Improvements are made. Substantial completion of improvements shall be made by September 30, 2011. LESSOR shall remain the owner of the facility located at 1540 Indian River Drive and will not be relieved of any future capital improvements or maintenance that may be required at the facility. To that end, LESSOR shall seek grants and/or dedicate other funds to finance future maintenance or improvement costs. D. LESSEE shall obtain the written approval of LESSOR prior to making any improvements, alterations, installations, additions to existing structures or new structures to be placed or constructed on the Leased Premises. At the end of the term of this Lease, LESSEE shall deliver the premises to LESSOR in good repair and condition, reasonable wear and tear excepted. Al installations, alterations, additions and improvements on the Premises shall become the property of LESSOR, and on termination of the Lease Term shall be surrendered with the Leased Premises in good condition, except any privately owned or leased equipment. E. Al plans and specification for such renovations, improvements or construction shall be submitted in writing to the LESSOR for approval which shall not be unreasonable withheld or delayed. F. Unless otherwise expressly prohibited herein, it shall be LESSEE'S sole responsibility to obtain all necessary governmental approvals for the Leased Premises, including, but not limited to all necessary LESSOR development approvals and permits as well as any other agency approvals and permits. Nothing herein shall be deemed to waive or imply waiver of any City of Sebastian governmental regulation or fee applicable to the review, renovation or development of the Leased Premises by LESSEE nor any waiver of LESSOR'S rights as Owner of the subject property. Nothing herein shall be deemed to waive the LESSOR'S police powers. It is expressly understood, and agreed by LESSEE, that LESSOR shall not be liable to LESSEE for any expense loss or damage incurred by LESSEE resulting from the failure of LESSOR or any other governmental entity to approve any or all necessary governmental approvals or permits required for the Leased Premises. LESSEE acknowledges that the Leased Premises are located within the Sebastian Community Redevelopment District and thus any change to the premises is subject to such District's authority as well as provision of Chapter 163, Florida Statutes and any future ordinances, statutes or other regulations applicable within the District. -—303-of305 -- G. Ail structures and fixtures to be constructed upon the Leased Premises shall be owned by LESSEE during the term of the Lease and shall be exclusively controlled by LESSEE. However, upon expiration, termination, revocation or surrender of this Lease, LESSOR shall become owner of all structures, fixtures and improvements. LESSEE agrees to execute bills of sale, documents of conveyance and assignments of warranties upon request All remaining terms and conditions of the initial Lease shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have set their hand this 6m day of January 2011. ATTEST: i C' A'1' -.\w Sally A. M ' , MMC City ClerV APPROVED AS TO FORM AND CORRECTNESS Ape� ,5 Robert A. Ginsburg !� City Attorney CITY OF SEBASTIAN A Municipal Corporation l :Ii I ayor FISHERMAN'S LANDING SEBASTIAN, INC. (2akv zt�&� -'�X Witness By: Charlie Sembler President ---- 304—of305-- MEMORANDUM OF UNDERSTANDING Fisherman's Landing (FL) will sublet the Premises at 1540 Indian River Drive to Indian River Seafood (IRS) upon substantially the following terms: Possession. While IRS will have responsibility for the Premises, its occupation of the same will have the following restrictions: ➢ Certain areas of the Premises, with examples being the outer deck, the pier, and the sunken area of the enclosed back deck, along with areas as shall be designated on an attachment to the lease, shall be accessible to the general public without restriction during operating hours. ➢ An entryway and vestibule shall be constructed from the exterior of the Premises to the bathrooms, which shall be available for public use at all hours. ➢ IRS shall have appurtenant rights to a reasonable and proportional but undesignated use of available parking areas. However, it is anticipated that special uses may be made of some parking areas during the Holiday seasons. ➢ Upon five (5) day's notice, FL shall be provided use of the food -service and other reasonably available facilities for fundraisers and public events a minimum of six (6) times per year. Subletti g. It is anticipated that areas of the Premises shall be sublet by FL, with approval of the City and all other authorities, to other entities for complementary uses, examples of such uses include small-scale food service and historic museum. Financial Reponsibility. Monthly rent shall be in the amount of $3000. IRS shall also be responsible for its utility charges such as electric, water and sewer, as well as a pro-rata shall of dumpster and insurance charges (except for special riders tied directly to the use by IRS, which shall be its sole responsibility). Care. IRS shall keep both the exterior and interior of the Premises, including Common Areas, in a clean and sanitary condition. Lease Parameters. Adopt terms and restrictions of both the underlying lease from the City and the Working Waterfronts Grant. L-- - -. -- - - 305 of 305 ----