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HomeMy WebLinkAbout05082013 Agenda PacketCITY OF SEBASTIAN HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL AGENDA REGULAR MEETING WEDNESDAY, MAY 8, 2013 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAYBE INSPECTED IN THE OFFICE OF THE CITY CLERK 1225 MAIN STREET, SEBASTIAN, FLORIDA OR ON THE CITY WEBSITE Procedures for Public Input are Attached to the Back of the Agenda 1. CALL TO ORDER 2. INVOCATION — Reverend David Newhart, St. Elizabeth's Episcopal Church 3. PLEDGE OF ALLEGIANCE — Led by Vice Mayor Don Wright 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations. certificates and awards. and brief timely announcements by Council and Staff. No public input or action under this heading. 13.069 A. Proclamation — National Safe Boating Week — Accepted by Flotilla Commander 5 Frans Eyberse and Vice Commander Tommy Augustsson — USCG Auxiliary Flotilla 56 13.070 B. Proclamation — National Peace Officers Memorial Day May 15th and National 6 Police Week — May 12th through May 18th —Accepted by Sebastian Police Personnel 13.071 C. Proclamation — National Foster Care Month — Accepted by Hibiscus Children's Center 7 13.072 D. Presentation of Certificate to Council Member Jerome Adams for Florida League of Cities — "Developing a City Budget" Seminar in Winter Park 13.073 E. Presentation by Barbara Hoffman, Director Indian River County Cultural Council and Kevin Landry, US Fish and Wildlife - America's Gatekeeper: The Story of Paul Kroegel F. Brief Announcements ■ 5/11/13 — Post Office Mail Carrier Food Drive ■ 5/17/13 - Sebastian Chamber Concert in Riverview Park — Atlantic Bluegrass Band — 5:30 pm to 8 pm- 1 of 138 7. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member City Council so requests: in which event. the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item. he /she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his /her hand to be recognized. 8 -15 A. Approval of Minutes — April 24, 2013 Regular Meeting 13.074 B. Award Annual Concrete Contract to Capp Custom Builders of Sebastian (Public 16 -34 Works Transmittal, Bid Documents and Tabulation, Agreement) 13.075 C. Wayfinding Signs - Waive Formal Bidding Procedures and Accept Fee Proposal from 35 -41 Baron Sign Manufacturing in the Amount of $17,550 with Concrete Work by City Annual Concrete Contractor for $1,000 (Public Works Transmittal, Baron Email, Engineering Plans) 8. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 13.076 42 -46 9. 10 11 12 13.077a 47 -63 13.077b 64 -78 13.078 A. Natural Resources Board Interview, Unless Waived, Submit Nomination for One Unexpired, Alternate Member Position — Term to Expire July 1, 2015 (City Clerk Transmittal, Application, Ad, Roster) PUBLIC HEARINGS - None UNFINISHED BUSINESS PUBLIC INPUT NEW BUSINESS A. Resolution No. R -13 -08 Approving Final Plat for Cross Creek Lake Estates Plat One (Community Development Transmittal, R- 13 -08, Plat One, Application, MBV Certification Letter, Guarantee of Sidewalk Construction Agreement, Map) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS CROSS CREEK LAKE ESTATES PLAT ONE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. B. Resolution No. R -13 -09 Approving Final Plat for Cross Creek Lake Estates Plat Two (Community Development Transmittal, R- 13 -09, Plat Two, Application, MBV Certification Letter, Guarantee of Sidewalk Construction Agreement, Map) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS CROSS CREEK LAKE ESTATES PLAT TWO; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. C. Discuss US 1 Speed Limit — Phil Matson MPO (No Backup) 2 of 138 13.015 D. Preliminary Review of Solid Waste Collection Services Franchise Proposals (City 79 -82 Manager Transmittal, Financial Comparison, Committee Ranking) 13.079 E. Presidential Street Project Final Update — Consider Coolidge Street Addition 83 -89 (City Manager Transmittal, Preliminary Cost Estimates Draft, Engineering Drawings) 13.080 F. Consider Purchase of 12900 US 1 for Cemetery Expansion (City Manager 90 -100 Transmittal, Property Map, Proposed Contract) 13.081 G. Consider Accepting Donation of 922 Rose Arbor (City Manager Transmittal, 101 -109 Property Map, Vacant Land Contract) 13.082 H. American Infrastructure Development, Inc. (AID) Work Orders 1 & 2 - Main Street/ Airport Drive East Access Road Project in the Amount of $124,201.76 (Community Development Transmittal, Work Orders 1 & 2) 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS 15. CITY CLERK MATTERS 16. CITY COUNCIL MATTERS A. Council Member Hill B. Mayor McPartlan C. Vice Mayor Wright D. Council Member Adams E. Council Member Coy 17. ADJOURN (All meetings shall adjourn at 10:00 p.m. unless extended for up to one half hour by a majority vote of City Council) HEARING ASSISTANCE HEADPHONES ARE AVAILABLE IN THE COUNCIL CHAMBERS FOR ALL GOVERNMENT MEETINGS. All City Council Meetings are Aired Live on Comcast Channel 25. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (F.S.286.0105) IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA). ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITYS ADA COORDINATOR AT 589 -5330 AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. 3 of 138 PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION R -12 -01 Regular City Council Meetings Public input is ALLOWED under the headings: ✓ Consent Agenda ✓ Public Hearings ✓ Unfinished Business ✓ New Business ✓ Public Input Public input is NOTALLOWED under the headings: ✓ Proclamations, Awards, Brief Announcements (except for individuals giving or accepting proclamations or awards); ✓ Committee Reports and Appointments (except for committee members giving reports and applicants being interviewed for committee appointments); ✓ City Council Matters ✓ Charter Officer Matters Council may, by majority vote, call upon an individual to provide input if desired. Workshops and Special Meetings. Public input is limited to the item on the agenda Time Limit Input on agenda items where public input is permitted on agendas is FIVE MINUTES; however, City Council may extend or terminate an individual's time by majority vote of Council members present. Input Directed to Chair Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL DELIBERATION of the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR, unless answering a question of a member of City Council or City staff. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, provided, however, the Mayor and members of City Council may recall an individual to provide additional information or to answer questions. Certain Remarks Prohibited Personal, impertinent, and slanderous remarks, political campaigning and applauding are not permitted and may result in expulsion from the meeting. The Chair shall make determinations on such remarks, subject to the repeal provisions below. 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. Future Council Meetings: 5122113 Regular City Council Meeting 6:30 pm 6112113 Regular City Council Meeting 6:30 pm 6126113 Regular City Council Meeting 6:30 pm 7110113 Regular City Council Meeting 6:30 pm 7114113 Regular City Council Meeting 6:30 pm 8114113 Regular City Council Meeting 6:30 pm 8119113 Special Meeting /Workshop on FY 14 Budget 6 pm 8128113 Regular City Council Meeting 6:30 pm 9111113 Regular City Council Meeting 6:30 pm 9116113 Special City Council Meeting — FY 14 1St Budget Hearing 6 pm 9125113 Regular City Council Meeting 6:30 pm 1019113 Regular City Council Meeting 6:30 pm 10123113 Regular City Council Meeting 6:30 pm 11/13/13 Regular City Council Meeting 6:30 pm 11127113 Subject to Cancellation or Reschedule 12/11/13 Regular City Council Meeting 6:30 pm 12125113 Subject to Cancellation or Reschedule 4 of 138 SEBASTIAN SAFE BOATING WEEK May 18 Ith 24th, 201' 3 WHEREAS, on average, more than 700 people die each year in boating related accidents in the United States; nearly 70% of these are fatalities caused by drowning; and WHEREAS, the vast majority of these accidents are caused by human error or poor judgment and not by the boat, equipment, or environmental factors; and WHEREAS, a significant number of boaters who lose their lives by drowning each year would be alive today had they worn their life jackets; and WHEREAS, today's life jackets are more comfortable, more attractive and more wearable than styles of years past and deserve a fresh look by today's boating public. THEREFORE, I, Bob McPartlan, Mayor of Sebastian, do hereby support the goals of the North American Safe Boating Campaign and proclaim May 18 -24, 2013 as National Safe Boating Week and the start of the year -round effort to promote safe boating. IN WITNESS THEREOF, I urge all those who boat to "Wear It" and practice safe boating habits. Duly proclaimed day of 1 AV R / Mayor Bob McPartlan 5 of 138 cnv log - / 3.074 SEI , HOME OF PELICAN ISLAND Fop.0CLAMArlo* NATIONAL PEACE OFFICERS MEMORIAL DAY MAY 15TH NATIONAL POLICE WEEK MAY 12TH - 18TH, 2013 WHEREAS, in 1962, President Kennedy proclaimed May 15th as National Peace Officers Memorial Day, and the calendar week in which May 15th falls, as National Police Week. WHEREAS, members of the City of Sebastian Police Department play an essential role in safeguarding the rights and freedoms of the City; and WHEREAS, it is important that all citizens understand the duties, responsibilities, hazards, and sacrifices of their Police Department, which include safeguarding life and property, protecting citizens against violence and disorder, the innocent against deception, and the weak against oppression; and WHEREAS, the men and women of the City of Sebastian Police Department unceasingly provide a vital public service; NOW, THEREFORE, I, Bob McPartlan, by virtue of the authority vested in me as Mayor of the City of Sebastian and on behalf of the Sebastian City Council, do hereby call upon all residents to observe the week of May 12th - 18th, 2013, as National Police Week with appropriate ceremonies and observances, and further, to observe May 15th, as Peace Officers' Memorial Day in honor of law enforcement officers who, through their courageous deeds, have made the ultimate sacrifice in service to their communities or have become disabled in the performance of their duty. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Sebastian, Florida, to be affixed this 8th day of May, 2013. Ala-N".4;., Bob McPartian, Mayor 6 of 138 � d - 13.671 CITY OF HOME OF PELICAN ISLAND NATIONAL •` MONTH IT AY 1 WHEREAS, childhood is a time for young people to grow and learn, protected by their families and safe in their homes, but for almost half a million children who are unable to remain at home through no fault of their own, childhood can be a time of sadness, pain, and separation. These children need and deserve safe, loving, and permanent families who can help restore their sense of well -being and give them hope for the future. WHEREAS, during National Foster Care Month, we recognize the promise of children and youth in foster care, and commend the devotion and selflessness of the foster parents who step in to care for them. We also pay tribute to professionals who work to improve the safety of our most vulnerable children and assist their families in addressing the issues that brought them into the child welfare system. Dedicated men and women -- in schools, faith -based and community organizations, parent and advocacy groups -- volunteer their time as mentors, tutors, and advocates for children in foster care. We all have a role to play in ensuring our children and youth grow up with the rich opportunities and support they need to reach their full potential. WHEREAS, National Foster Care Month is a time to reflect on the many ways government, social workers, foster families, religious institutions, and others are helping improve the lives of children in foster care, and it also serves as a reminder that we cannot rest until every child has a safe, loving, and permanent home, and give thanks to those individuals from all walks of life who have opened their hearts and their homes to a child. NOW THEREFORE, I, Bob McPartlan, by virtue of the authority vested in me as Mayor of the City of Sebastian and on behalf of the Sebastian City Council, do hereby proclaim May as, NATIONAL FOSTER CARE MONTH and appeal to each and everyone to do what we can to ensure a bright and hopeful future for our foster youth. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Sebastian, Florida, to be affixed this 81h day of May, 2013. - hlift& Bob McPartlan, Mayor 7 of 138 CITY OF SE13AST_LNN HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL MINUTES REGULAR MEETING WEDNESDAY, APRIL 24, 2013 - 6:30 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA Mayor McPartlan called the Regular City Council Meeting to order at 6:30 p.m. 2. Invocation was given by Pastor Todd Thomas, Sebastian Christian Church. 3. The Pledge of Allegiance was led by Mayor Bob McPartlan. 4. ROLL CALL City Council Present: Mayor Bob McPartlan Vice -Mayor Don Wright Council Member Jerome Adams Council Member Andrea Coy City Council Absent: Council Member Jim Hill (excused) City Staff Present: City Manager, Al Minner City Attorney, Robert Ginsburg City Clerk, Sally Maio Community Development Director, Joseph Griffin Deputy Police Chief, Greg Witt Parks Supervisor, Chris McCarthy MIS Systems Analyst, Robb Messersmith 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members None. 8 of 138 Regular City Council Meeting April 24, 2013 Page Two 6. PROCLAMATIONS, AWARDS, BRIEF ANNOUNCEMENTS Presentations of proclamations. certificates and awards. and brief timely announcements by Council and Staff. No public input or action under this heading. 13.061 A. Proclamation - National Day of Recognition for Volunteers — Accepted by City of 5 Sebastian Volunteers Mayor McPartlan read and presented the proclamation to City Hall and PD volunteers. 13.062 B. Proclamation — National Child Abuse Prevention Month — Accepted by Exchange 6 Club of Sebastian Member Michael Natale Mayor McPartlan read and presented the proclamation to Exchange Club members Michael Natale and Warren Dill who announced the benefit Blue Water Open (www.bluewateror)en.com) on June 1 ", at Captain Butchers and which last year raised $47K and invited people to attend a meeting and consider becoming involved with the Exchange Club. C. Brief Announcements Mayor McPartlan announced the May 4, 2013 Craft Club Show in Riverview Park 9 am to 3 pm. Mr. Adams announced a series of All Aboard Florida public meetings to study environmental impacts of the planned route from South Florida to Orlando, with the closest meeting to be held in Ft. Pierce at the Havert L. Fenn Center, 2000 Virginia Avenue on May 9t", and for further information visit www.allaboardflorida.com. 7. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member City Council so requests: in which event. the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item. he /she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his /her hand to be recognized. 7 -18 A. Approval of Minutes — April 10, 2013 Regular Meeting 13.063 B. Authorize Execution of Modified Twin Piers Submerged Lands Lease (City 19 -31 Manager Transmittal, FDEP Letter, Modified Lease) 13.024 C. Award Bid to Playmore Recreational Products of Ft. Myers FL for Community 31 -44 Center Playground (Low Bidder) in the Amount of $17,400.00 (Parks Transmittal, Bid Tabulation Form, Proposal Price Form and Drawings) 13.064 D. Approve Sebastian River Art Club Shows for 2013 -2014 with 50% Reduction of 45 -47 Fees — 11/16/13, 12/14/13, 1/11/14, 2/15/14, 2/16/14, 3/22/14, and 4/13/14 10 am to 4 pm with Requested Rain dates Sunday Immediately Following Except January — West Side of Park (Parks Transmittal, Art Club Letter, 2 9 of 138 Regular City Council Meeting April 24, 2013 Page Three 13.065 E. Approve Road Closures for Boy Scout Troop 500 5K Run Fundraiser — 48 -49 September 14, 2013 from 6:30 am to 9:30 am — Indian River Drive from Riverview Park Pavilion North to Jackson Street and Back to Park (Parks Transmittal, Park Permit Application) MOTION by Ms. Coy and SECOND by Mr. Wright to approve consent agenda items A, B, C, D, and E. Roll Call: Ayes: Wright, Adams, Coy, McPartlan Nays: None Passed: 4 -0 (Hill Absent) 8. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. Ms. Coy reported on her recent attendance at a State Metropolitan Planning Organization (MPO) conference in Orlando, which she found very informative, and requested that City Council discuss, at its next regular meeting, the issue of slowing down speed limits on US 1 and then take it forward to MPO. Mayor McPartlan asked if she wanted MPO Director, Phil Matson to attend the meeting, and the City Manager and Ms. Coy agreed that Mr. Matson be invited. 13.066 A. Planning & Zoning Commission 50 -66 (City Clerk Transmittal, Applications, Ad, List) i. Interview, Unless Waived, and Submit Nominations for One Expired Regular Member Position — Term to Expire 5/1/2016 — Four Applicants (City Clerk Transmittal, Applications, Press Release, Committee List) The City Clerk advised that there are four applications for a three year term set to expire on May 1" which is currently held by Joel Roth. City Council interviewed John McManus, Greg Paschall and Joel Roth. Ms. Kautenburg was not present. Each applicant cited their education and experience. Mayor McPartlan said we are lucky to have these four applications for this position and noted in keeping with tonight's proclamation on volunteerism that board members volunteer their time to the City. Mr. Wright nominated Joel Roth, who is the current Vice Chair of Planning and Zoning and has served the City well. Ms. Coy nominated Greg Paschall. Mayor McPartlan and Mr. Adams agreed with keeping Mr. Roth in the position. Mr. Roth was appointed to the three year term, and the other applicants were encouraged by Mayor McPartlan to continue to submit applications for other positions. 9. PUBLIC HEARINGS - None 10 of 138 Regular City Council Meeting April 24, 2013 Page Four 10. UNFINISHED BUSINESS - None 11. PUBLIC INPUT - None 12. NEW BUSINESS 13.067 A. Stormwater Utility Fee Credit Policy /Dr. Fischer Refund (City Manager 67 -68 Transmittal) The City Manager explained the stormwater utility fee program and assessment which is charged by Equivalent Residential Units (ERUs), that there are currently 15 property owners who are major landholders who receive credit for having stormwater retention methods. He said that Dr. Henry Fischer has several such land holdings and challenged his 2012 assessment, met the protest timeline, and in review of his claims, staff found a discrepancy in that billing in the amount of $5,023.27 for FY 2012. Dr. Fischer had then asked the City to review charges for all of his holdings and staff found a few more errors, and Dr. Fischer has requested to be remunerated for those past discrepancies. He said Dr. Fischer had documentation from St. Johns River Water Management that confirms 30% of his bill for the Fischer (Vickers) sandmine on Schumann is in the actual pit, does not affect stormwater runoff, and staff concurs with that claim. In response to Ms. Coy, the City Manager reiterated his request to refund Dr. Fischer $16,554.36 for improper billings for 2012 and to authorize a fee waiver for a new policy that is part of the formula in coming up with the $16K as well as coming back to Council with a fee waiver policy that would be added to the credit fee policy. MOTION by Coy and SECOND by Mr. Wright to approve the City's recommendation. Mr. Wright said unless there is no concern about establishment of a fee waiver program he would agree to approve both issues at this time. He said he hoped the fee waiver program would be preserved for larger property holders who can demonstrate they do not impact stormwater runoff for these larger properties and not have it apply to residential properties at all. The City Manager said there was a concern for how many others they missed and would it affect the stormwater program, but noted roughly 80% of the assessment fees are from single ERUs, so out of the $1 M stormwater fund, 80% of the revenue will not be affected by the new policy. He said the ERUs for commercial properties are being reviewed to see if ERUs were applied properly, there are 15 accounts which take advantage of the credit fee policy which has a complicated formula, and of those 15 there are two large undeveloped properties and those property owners would have to have substantial documentation from SJRWMD that demonstrate they do not have an effect on stormwater runoff. He said he can think of only one other property that may apply. Roll Call: Ayes: Adams, Coy, McPartlan, Wright Nays: None Passed: 4 -0 (Hill Absent) 4 11 of 138 Regular City Council Meeting April 24, 2013 Page Five The City Attorney said Council has essentially instructed staff to come back with a fee waiver policy it can adopt and incorporate into its ordinance. The City Manager said that will be in place for the 2013 assessment which will affect FY 2014. 13. CITY ATTORNEY MATTERS 14. CITY MANAGER MATTERS The City Manager announced that the FIND grant has been submitted and approved with a slight modification, from $166,600, to $157,000 due to ineligibility of some engineering services and landscaping, staff met the May 30th deadline for presentation to FIND on June 21 and 22; said we had received the Presidential Streets grant and he will make a brief report at the next meeting before going to bid; and that we did not get the $10,000 CPI grant for the museum, but Ms. Coy had suggested we request a grant from the Clambake Foundation. Ms. Coy suggested we could ask for $15,000. The City Manager said he has also received notification from Florida Communities Trust (FCT) of approval of the Fisherman Landing Sebastian lease so he will get with the Mayor and Tim Adams for execution in triplicate for FCT. 15. CITY CLERK MATTERS - None 16. CITY COUNCIL MATTERS A. Council Member Cov Ms. Coy announced she received an email from Wayne Newland with the Sea Scouts, requesting use of the City seal to make a patch for Boy Scouts who walk an historic trail in Sebastian. She asked him, since he is not with Boy Scouts of America, why he requested it for them, and he said it is something for them to take home to show they walked the trail. She asked if use of the City seal would be an issue since it is copyrighted. Mayor McPartlan said it should also be available for Girl Scouts. Ms. Coy said she would have Mr. Newland contact the City Manager. There was no objection from Council. B. Council Member Hill —Absent C. Mayor McPartlan Mayor McPartlan discussed his attendance at a senior event at the mall where a Senior Resources Association staff person he knew gave him information about a program that assists seniors over 60 who are having trouble paying their electric bills with certain criteria. He asked that that the information be posted on Channel 25. He also reported on his attendance at Earth Day and showed birdhouses his children had made and announced today was his wedding anniversary. 12 of 138 Regular City Council Meeting April 24, 2013 Page Six Ms. Coy asked him how the twins did at the Easter Egg Hunt and he said they did great, and they accompanied him to the Senior Center event. He said the seniors are looking to take on more responsibility and want to become more involved in the Community. He said it is unbelievable what they have done and said they have asked for recycle bins. Ms. Coy said she had provided bins to them. D. Vice Mayor Wright 13.068 i. Septic to Sanitary Sewer Project (No Backup) Vice Mayor Wright briefly discussed his attendance at an all day Indian River County symposium on the Indian River Lagoon, and then did some independent research on the matter to identify problems. He played a brief excerpt of the symposium video with input from Dr. Lapointe which identifies septic as the major cause of the killing off of seagrasses in the Indian River Lagoon due to high nitrogen content. Mr. Wright then gave a Power Point presentation he had put together with the assistance of the City Manager (see Power Point presentation attached to minutes along with materials submitted to the City Council prior to the start of the meeting for further detai /). Mr. Wright expounded on some of the points of the presentation citing an April 11, 2013 Sebastian River News article regarding collection of seaweed along the lagoon shoreline and determination that the majority of the nitrogen came from human waste and not fertilizer, the highest levels being in Indian River County, that the problems stem from all septic systems because they are not designed to remove nitrogen and phosphorous unless an aerobic treatment unit is added to the system. He exhibited a diagram showing how a septic system operates and said that failing septic tanks cause even more problems. He showed materials on maintenance of septic systems that we might want to get out to the public and stressed the need to educate the public about damages caused. He exhibited a diagram showing the difference in filtration systems of septic and sewer. He said his approach would be "Think Global and Act Local', which proposes three phases. He exhibited a map obtained from Indian River County which shows the locations of sewer lines and sewer connections in Sebastian. He said the first Phase would be the riverfront, the most crucial area, noting that many of the properties are hooked up to sewer but many are still not, some have paid the sewer assessment but are not hooked up yet, and some have water hookups but not sewer. He noted that the Davis Street project, when finalized, but will expand capacity to north end of IR Drive. He said the City has started a grant program with $1 OK to assist with connections and perhaps there are State and Federal Grants available. He continued that in Phase II we would encourage expansion in the ridge region and then Phase III expansion into the Highlands. Mr. Wright said all of Sebastian was once a flood plain and everything there is connected to the Indian River Lagoon. He discussed possible immediate, short term and long term objectives. Mr. Wright provided Ms. Coy with the larger map to view. He said by identifying properties and matching to the IRC database we can see who does and does not have 6 13 of 138 Regular City Council Meeting April 24, 2013 Page Seven sewer service and encourage them to hook up, noting a lot of properties do not have connection even though it is available. The City Manager said he would provide copies of the map to Council members. Mr. Wright said this effort needs to be expanded into IRC and other cities, we need to develop plans and add piping in areas close to the Lagoon, and sewer system capacity will have to be looked at. He said there needs to be more education for the public, and reported on the septic to sewer conversion that has been going on in Monroe County for at least fifteen years, said the Indian River Lagoon runs from Volusia to Martin County and everyone needs to get involved. He continued on with ideas for corrective actions which included fertilizer reduction, water quality monitoring, maintenance of baffle boxes, reversing flow of major relief canals such as SJRWMD did in Brevard, piping from Bethel Creek to pump water out into the ocean and bring in clean water as long as EPA approves and outgoing water can be pumped far enough off shore so that it doesn't foul the beaches, and said all elected officials need to get together because this is a project only government can do, and have power to move it forward. In response to Ms. Coy, Mr. Wright said the first step is to get a few people who are interested in hooking up, that there should be grant money available but we can use small amounts of our grant money to start out in the CRA district, though we definitely will need substantial money. He said he had spoken to Representative Posey who provided him with four agencies which have grant money available. Ms. Coy said she believed in every word he says and what we need to do, but also that we need to get with the new director of the County health department because in the past there has not been much activity from them on septic complaints. Mr. Wright said he had contacted Cynthia Van de Voorde, who is a member of the committee which reviews code issues and will meet with her. Ms. Coy said costs to homeowners who are one or two blocks away from sewer lines to connect is going to be exorbitant. Mr. Wright said a lot of properties in direct proximity do not currently connect to sewer. Ms. Coy said we need to hit the County up for the $60M for septic. Mr. Wright noted $20M is restricted but $40M is available for sewer projects. Mr. Wright said in Vero Beach there are 400 of 800 homes with septic systems that are pre 1983 homes and desperately need systems. Ms. Coy said Vero Beach in general has more sewer access. Ms. Coy thanked Council and Mr. Wright for recognizing this as a problem, we've been down the road before and now we have everyone knows we have a serious problem and we seem to be moving forward. She said though she sees septic as a major issue she did not think it was the only issue, and we should not stop with this issue as the solution because it depends on what scientist you talk to, but does believe fertilizer also matters. Mr. Wright agreed we need to continue to look at fertilizer and her work with Natural Resources Board on education on the proper use of fertilizer should be continued. Ms. Coy said seven years ago we looked into sewer for the entire city and if we had to assess it would have been $15K to $18K per home. The City Manager said the County 14 of 138 Regular City Council Meeting April 24, 2013 Page Eight did an assessment around Easy and Lake that was a few million, said he thought Mr. Wright's approach was to take small integrated steps to fix the problem, and confirmed it was approximately a few hundred million to sewerize the City of Sebastian highlands. He said we need to open our eyes to sanitary sewer, and agreed with scientific conclusions that there is a lot of wastewater in the lagoon noting there are over 100 thousand people on septic tanks in this region and it ends up in the Lagoon. Mr. Wright said people also believe red tide caused seagrass death and that originated in Brevard. Ms. Coy said we need to worry about Vero Beach too and Mr. Wright said the higher nitrogen numbers from septic are in Vero Beach. He said we need to do what we can do within reason to clean up the problems that originate in Sebastian and then discuss with the County and others to encourage them to get moving. Ms. Coy said we need to go ahead on our own. Mr. Wright said he believes we are all committed and he plans to work with the City Manager and meet with IRC Commission and others, but we need to put our own short, medium and long term plan into effect and seek funding to try to help our citizens so we don't have enormous assessments. He said we can start with baby steps and with the $1 OK in grants we can maybe hook up four or five people which would be a start. E. Council Member Adams — None 17. Being no further business, Mayor McPartlan adjourned the Regular Meeting at 8:05 p.m. Approved at the May 8, 2013 Regular Council Meeting. By: Bob McPartlan, Mayor Attest: Sally A. Maio, MMC, City Clerk 8 15 of 138 Off Q SERMIMAN HOME OPUJCAN SLAND CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Annual Concrete Contract Agenda No. 748 - 13.6 74 App ved f Submittal by: Department Origi --. Department Head �—" Finance Directory City Attorney: i er City Clerk: Date Submitted: 4 -30 -2013 For Agenda of: 5 -8 -2013 Exhibits – Bidders Documents, Bid Tab, and Agreement EXPENDITURE AMOUNT APPROPRIATION FUNDING SOURCE: REQUIRED: BUDGETED: REQUIRED: $ -0- General fund budget $As needed Varies between All applicable projects departments & Projects SUMMARY The Public Works Department in conjunction with Stormwater solicited sealed bids for the annual Concrete contract. Bids were opened and while they are not the low bidder we are requesting award be made to Capp Custom Builders based on the flowing prices listed below. 1: Form, pour and finish only 2: Form, Pour and finish only 3: Sidewalk Site Prep $2.80 SF (4'thick) $3.23 SF (6 "thick) $2.60 per LF of sidewalk The City attorney has reviewed the low bid and determined that they have not met all of the bidding requirements and therefore, we are moving to the second low bid for award. RECOMMENDED ACTION Move to award the annual concrete contract to Capp Custom Builders of Sebastian. 16 of 138 BID PROPOSAL SHEET CITY OF SEBASTIAN CONCRETE WORK After having examined all specifications, Contract/Agreement Documents, and other documents relative to the Bid, I the undersigned hereby propose to perform everything required to be performed in strict conformity with the requirements of these documents, and to provide and furnish all the equipment, labor, and materials necessary to provide annual concrete work meeting or exceeding the specifications as set forth herein for the unit prices as stated below. The price quoted below includes any addenda which may be issued. 1. ANNUAL CONCRETE WORK AS DESCRIBED: a. Form, Pour and finish Only (4 "thick) $ D —SQ FT. b. Form, Pour and Finish Only (6 "thick) $ 3 ,a-� SQ FT c. Sidewalk Site Prep $ Per LF By the signature affixed below, the contractor agrees that this Bid is made without any other understanding, agreement, or connection with any person, corporation, or firm submitting a Bid for the same purpose, and that the Bid is in all respects fair and without collusion or fraud. If awarded this Bid, I agree to execute /enter into said agreement within (15) consecutive calendar days notice by the City, and agree to all the terms and conditions of all documents stated herein, with the City of Sebastian, for the above - stipulated price. Authorized Sign e Firm Name & Address SA) c il f7L ? act _ C t.,4e, L /) C ,4ev Printed Name Title 3 -9:2tr� Phone Number Date Signed -Y 23� 2Q t S Note: For all Bidders information, it is anticipated that the City will order replacement of approximately 50 (from the edge of street pavement to the right -of -way line) per year. The City cannot guarantee this amount, it may be more or less per year. DRUG -FREE WORKPLACE FORM 6 17 of 138 that does: The undersigned Contractor, in accordance with Florida Statute 287.087 hereby certifies Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug free workplace, any available drug counseling, rehabilitation, employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in Paragraph 1, 4. In the statement specified in Paragraph 1, notify the employees that, as a condition of working on the commodities or contractual services that the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to any violation of Chapter 1893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. G. Make a good faith effort to continue to maintain a drug free workplace through implementation of Paragraph 1 through 5. As the person authorized to sign this statement, I certify with the above requirements. Date: Signature �� 7 that this firm complies fully 18 of 138 PUBLIC ENTITY CRIMES FORM Any person submitting a quote, bid, or proposal in response to this invitation or Agreement, must execute the enclosed form sworn statement under section 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES, including proper check(s), in the space(s) provided, and enclose it with his quote, bid, or proposal. If you are submitting a quote, bid or proposal on behalf of dealers or suppliers who will ship commodities and receive payment from the resulting Agreement, it is your responsibility to see that copy(ies) of the form are executed by them and are included with your quote, bid, or proposal. Corrections to the form will not be allowed after the quote, bid, or proposal opening time and date. Failure to complete this form in every detail and submit it with your quote, bid, or proposal may result in immediate disqualification of your bid or proposal. The 1989 Florida Legislature passed Senate Bill 458 creating Sections 287.132 - 133, Florida Statutes, effective July 1, 1989. Section 287.132(3)(d), Florida Statutes, requires the Florida Department of General Services to maintain and make available to other political entities a "convicted vendor" list consisting of persons and affiliates who are disqualified from public and purchasing process because they have been found guilty of a public entity crime. A public entity crime is described by Section 287.133, Florida Statutes, as a violation of any State or Federal law by a person with respect to and directly related to the transaction of business with any public entity in Florida or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or Agreement for goods or services to be provided to any public entity or with an agency or political subdivision and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. By law no public entity shall accept any bid from, award any Agreement to, or transact any business in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two (currently $10,000) with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to Section 287.133(3)(f), Florida Statutes. Therefore, effective October 1, 1990, prior to entering into an Agreement (formal Agreement or purchase order) in excess of the threshold amount of $10,000 to provide goods or services to THE CITY OF SEBASTIAN, a person shall file a sworn statement with the Contract/Agreement officer or Purchasing Director, as applicable. The attached statement or affidavit will be the form to be utilized and must be properly signed in the presence of a notary public or other officer authorized to administer oaths and properly executed. THE INCLUSION OF THE SWORN STATEMENT OR AFFIDAVIT SHALL BE SUBMITTED CONCURRENTLY WITH YOUR QUOTE OR BID DOCUMENTS. NON - INCLUSION OF THIS DOCUMENT MAY NECESSITATE REJECTION OF YOUR QUOTE OR BID. 8 19 of 138 SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted with Bid, Proposal or Agreement No. 13 - p :� for THE CITY OF SEBASTIAN. 2. This sworn statem nt is su mitted by name of entity C WJ -�b-rn u�1 � �-�1 cr ( submitting sworn statement) whose business address is ' 36 (p Commecce et /kiQf N : �,vt . and (if applicable) its Federal Employer Identification (FEIN) is 9 -)? j a 2)!3!K (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: My name is ft) s ba Q, { 1). CITD (please print name of individual signing) and my feqationship to the entity named above is p tkMQA f PA . 4. 1 understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or Agreement for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 6. 1 understand that an "affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means: (1) A predecessor or successor of a person convicted of a public entity crime; or (2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. 9 20 of 138 CAPPC -1 OP ID: JS CERTIFICATE OF LIABILITY INSURANCE CnVFRAGFS CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. DATE 12312 01YY) 01/23/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Phone: 772 -567 -4930 C0..NTA:cT Ryan Weaver Insurance, Inc. Fax: 772-567493 CenterState Bank Bldg. 855 21 st Street - 2nd Floor Vero Beach, FL 32960 Ryan M. Weaver PHONE Ext : AIC No ADDRESS: INSURER(3 ) AFFORDING COVERAGE NAIC INSURERA:Auto Owners Insurance Co. 18988 PREMISES Ea occurrence INSURED Capp Custom Builders, Inc. 735 Commerce Center Dr #G Sebastian, FL 32958 INSURER B: $ 5,000 INSURER C: $ 1,000,000 GENERAL AGGREGATE INSURER D: GEN'L AGGREGATE LIMIT APPLIES PER. X POLICY PRO LOC INSURER E : $ 2,000,000 INSURER F : A AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS CnVFRAGFS CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE ADOL =1 POLICY NUMBER POLICY EFF MMIDDIYY PO MMIDDIYYYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS-MADE FX1 OCCUR Sebastian, FL 32958 72073229 11/09/2012 11/09/2013 EACH OCCURRENCE $ 1,000,000 PREMISES Ea occurrence $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. X POLICY PRO LOC PRODUCTS- COMPIOP AGG $ 2,000,000 $ A AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS 4172466304 11/09/2012 11/09/2013 COMBINED SINGLE LIMIT Ea accident i,000,000 $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ $ A X UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE 4932862300 11/09/2012 11/09/2013 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ DED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED9 (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA WCSTATU - I OTH- E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE -POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER CANCFI I ATION CITYOFS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Sebastian ACCORDANCE WITH THE POLICY PROVISIONS. 1225 Main Street AUTHORIZED REPRESENTATIVE Sebastian, FL 32958 01988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD 21 of 138 7261 DATE (MMIDDmYY) - -, CERTIFICATE OF LIABILITY INSURANCE 8468 3/14/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: 11 the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed, If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the ' certificate holder In lieu of such endorsement(s). � PRODUCER { -- NAME Integrity Risk Management, Inc. — LlwC�Nl , 3626 Tamiami Trail I E-MAIL ADD[ZE$S:._-. - -- _._ - -- Port Charlotte, FL. 33952 INSURERS AFFORDING _....- _(�__.. - -_ COVERAGE— NAIC rt-- ---•. Phone (941) 766 -1411 Fax (941) 766 -1084 1 INSURERA: Guarantee Insurance Company 2300 INSURED INSURER 5: Integrity Employee Leasing IV, Inc. —- INSURER C___ 3626 Tamiami Trail INSURER D: Port Charlotte, Florida 33952 INSURER E: Phone (941) 625 -0623 Fax (941) 625 -0123 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, NSR ` •ADOLSUBRI POLICY EFF POLICY EXP LIMITS GENERAL COMMERCIAL ALL GENERALNCABILITY POLICY NUMBER _ _- TIMMIDO/YYYY11 jMMlpD,jY�'YV) L IHSi�1r1LVD -------- LIABILITY EACH OCCURRENCE I S J DAMAGETO RENTED — -- — � _ PREMISE$_[Ea occurrence)5 I U CLAIMS -MADE [] OCCUR I MEO EXP (Any one person) $ PERSONAL 8 ADV INJURY S -_- t GENERAL AGGREGATE s.�. G�ENt'L AGGREGATE LIMIT APPLIES PER: 1 PRODUCTS • COMPIOP AGG 5 L.t POLICY ; PRO- `J LOC S AUTOMOBLE LIABILITY COMBINED SINGLE LIMIT Ea accident 5 J ANY ALTO � BODILY INJURY (Per person) 5 ALL OWNED SCHEDULED 'J ALTOS E AUTOS r BODILY INJURY (Per accident) 5 W NON -ONED I 1 PRROPERTY AMAGE — S E: -- HIRED AUTOS AUTOS (_ Per acd -dent I r iS UMBRELLA LIAB ❑ OCCUR I ! s EACH OCCURRENCE s EXCESS LIAB CLAIMS -MADE i i AGGREGATE S WORKERS COMPENSATION T WC STATU- OTH , AND EMPLOYERS !. TORY LIMt'T$ ❑ ER ANY PROPRIETORIPARTNERIEXECUTIVE —I i GPE0547000001 -112 X03/07/13110/01/13 E.L. , EACH ACCIDENT S 1,000,000.001 A OFFICERlMEMBER EXCLUDED? YIN NIA - (MandeOOry In N H) 3 E L. DISEASE - EA EMPLOYE S 1j000,000.00 If yes, tlesenbe under __ _ ____ __- ._ DESCRIPTION OF OPERATIONS belay _ -_ I _ _ __- -- —_ E - DISEASE - POLICY LIMIT i S 1 QQQtQQQ,QQ -- -- x Employers Liability i 1 i i I DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (Attach ACORD 1111, Additional Remarks Schedule, if more space is required) Workers' Compensation coverage is for leased employees of but not subcontractors of: Capp Custom Builders, Inc. 9610 Riverview Dr, Sebastian, FL 32958 Fax: (772) 589-3131 CERTIFICATE HOLDER City of Sebastian 1225 Main Street Sebastian, Florida 32958 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 30 days ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Toby Starr 8468 22 of 138 00 co 0 0 co N 00 m 0 0 IT N BID 13 -03 Exhibit "A" Technical Specifications Annual Concrete Work Contract 1. Scope of Work The scope of this specification is to form, pour and finish concrete driveways, sidewalks, or other miscellaneous concrete projects on an as needed basis. The scope of each individual project may vary depending upon the work to be completed. Each project will have a work order prepared by the City, which will outline the work activity to be accomplished. In performance of this contract the Contractor shall be solely responsible and have control over the means, methods, techniques, sequences, procedures, and coordination of all portions of the work under the agreement unless the agreement document gives other specific instructions. 2. Related Documents Sebastian Code Chapter 90 Article III. Driveway Construction and Repair. 3. Special Terms and Conditions a. Contractor shall warranty all labor and materials for a period of one year. b. Contractor shall protect his work from the elements, traffic and pedestrians. C. Each project will be planned in a manner minimizing disturbance and inconvenience to property owners and the City. d. Inspections. The city shall inspect at any time during the project construction. The Contractor shall notify the City 48 hours prior to the concrete pour and at completion of the project. e. Final Payment. Final payment shall be made in accordance with the signed agreement once all punch list items have been cleared.\ f. Insurance. The Contractor agrees to carry insurance, of the types and subject to the limits as set forth below and maintain said insurance during the life of the agreement. 3 25 of 138 Workers' Compensation: Contractor shall purchase and maintain, from a company or companies lawfully authorized to do business in Florida, workers' compensation insurance for protection from claims for damages because of bodily injury, including death, which may arise out of or result from Contractor's operations under this Agreement, whether such operations be by Contractor or by Sub - Contractors or by anyone directly or indirectly employed by any of the above. This insurance shall be written for not less than the limits of liability required by law, and Coverage B, Employer's Liability, shall be written for a minimum liability of $100,000.00 per occurrence. Commercial General Liability: Contractor shall provide and maintain during the life of this Agreement, at Contractor's own expense, Commercial General Liability insurance on an occurrence basis for a minimum of $1,000,00.00 per occurrence for claims of bodily injury including death, and $500,000.00 for property damage. 4. Detailed Specifications a. Description: The Contractor shall form, pour and finish the concrete driveway and or sidewalk or other miscellaneous concrete projects (minimum 4" thick) in accordance with the provisions of this specification and according to details shown on plans when supplied with the work order. b. Materials: The concrete placed shall conform to the Florida Department of Transportation Standard Specifications for Road and Bridge Construction, 1991 Edition, Sections 345: for Class I concrete 2500 psi (minimum 28 day breaking strength in accordance with ASHTO T -023) with polypropylene fiber mesh (1- 1 /2bs /CY) thoroughly and uniformly mixed throughout. C. Preparation: (Form and Pour) The subgrade shall be finished graded by contractor and compacted (95 %) prior to having any formwork placed on it. The Contractor shall erect metal or wooden forms on top of a prepared subgrade. All forms shall be set true to line and grade, and held rigidly in position to resist the pressure of poured concrete without springing. They shall be straight and free from warps and bends. d. Contraction Joints: Contraction joints shall be saw cut with a concrete saw using a car or diamond tip blade. Each joint shall be approximately 1/8 "- 3/16" wide by 1" to 1 1/2" deep. Joints shall be saw cut within 24 hours following placement of the concrete. Contraction joints shall be saw cut at specified intervals or 15' depending upon application. e. Finishing: The concrete surface shall be finished in strict accordance with ACI standard 302 -69 "Recommended Practice for Concrete and Slab Construction ", Chapter 7 "Consolidating and Finishing Sections" 7.1 and 7.2. Final finishing shall be accomplished by the use of a soft broom or sponge used to provide the matching existing driveway or sidewalk. Sprinkling of the surface with dry cement or sand will not be permitted. 4 26 of 138 f. Curing: The concrete shall be cured in accordance with ACI Standard 302 -69 "Recommended Practice for Concrete and Slab Construction ". g. Driveways will be a minimum of 4" thick with a 6" thick footer, 1 foot wide at the edge of road pavement. Driveways will vary in width and length. h. Contractor responsible for all clean-up of slag and debris. 5 27 of 138 BID RESULTS FOR CITY OF SEBASTIAN CONCERETE SERVICES 28 of 138 BID 13 -03 OPENED APRIL 23 2013 AT 2:00 P.M. Form Form Pour Pour Sidewalk NAMES OF BIDDERS Finish 4" Finish 6" Site Pre 1 CAPP CUSTOM BUILDERS, SEBASTIAN, FL 2.80 3.23 2.60 t 2 CARDINAL POINTS CONSTRUCTION CORP., 2.15 2.90 1.95 SEBASTIAN, FL 3 MICHAEL SCHLITT SERVICES, LLC. VERO BEACH 4.00 4.10 2.50 FLORIDA 4 RANDY HINES CONSTRUCTION, INC., ROSELAND, 2.90 3.85 3.50 5 SUNSHINE LAND DESIGN, INC., STUART, FL 3.92 4.93 13.90 . '� a <. 6 TITAN GENERAL CONTRACTORS, VERO BEACH, 3.49 4.97 3.00 FL. 28 of 138 r�e�►�Wo I THIS AGREEMENT, made this day of 2013, by and between the City of Sebastian, a political subdivision of the State of Florida (hereinafter called the "City "), and Capp Custom Builders, Inc., 735 G Commerce Center Drive, Sebastian, FL 32958, or its successors, executors, administrators, and assigns (hereinafter called "Contractor "). WITNESSETH: The City and Contractor for good and valuable consideration as hereinafter set forth, do mutually agree as follows: 1. Scope of Services: Contractor agrees to furnish concrete work meeting the requirements described in the TECHNICAL SPECIFICATIONS attached hereto as Exhibit "A ", on an "as- needed" basis in accordance with all applicable codes pursuant to Work Orders issued by the City. 2. Contract Sum and Payment to Contractor: (a) Contract Sum: During the term of this Agreement, the city shall pay Contractor the following unit prices for the work: Form, Pour and Finish Only (4" thick) $ 2.80 Form, Pour and Finish Only (6" thick) $ 3.23 Sidewalk Site Preparation $ 2.60 Said price is a firm charge, inclusive of all other charges. On the first and second anniversary dates of this Agreement, Contractor shall provide documentation from its designated concrete Contractor as to any percentage increase or decrease in price since the effective date of the contract, and a proportional price adjustment shall be made to the amount listed above. (b) The City shall make payment within 30 days of proper invoicing. 3. Contractor's Obligations: (a) Contractor shall supervise and have control over means, methods, techniques, sequences and procedures for performing the Work Orders, unless the terms of this Agreement give other specific instructions concerning these matters. 15 29 of 138 (b) Unless otherwise provided in the Agreement, Contractor shall pay all sales, use and other similar taxes and shall secure and pay for all permits and governmental fees, licenses and inspections necessary for proper execution and completion of its obligations hereunder. (c) Contractor shall enforce strict discipline and good order among Contractor's employees and other persons carrying out its obligations hereunder. (d) Contractor currently holds and shall maintain at all times during the term of this Agreement all required federal, state and local licenses necessary to perform its obligations hereunder. (e) Contractor shall be responsible to the City for the acts and omissions of Contractor's employees, SubContractors and their agents and employees, and other persons performing its obligations hereunder under a contract with Contractor. 4. City's Obligation: The City shall, during the term of this Agreement, utilize Contractor as its first source for the Work. However, should the City, in its sole judgment, determine that Contractor is unable to perform the Work in a reasonable time, the City may then contact with another party to allow completion of the project at hand in a timely manner. 5. Warranty: Contractor warrants to the City that all materials and workmanship furnished under this Agreement shall be free from any and all defects and will conform with the requirements of the Agreement. Materials and workmanship not conforming to theses requirements, including substitutions not properly approved and authorized, may be considered defective. Acceptance and utilization of the Work at the site shall not absolve Contractor of this Warranty. 6. Term: The term of this Agreement shall be for three (3) years from the date hereof, renewable for up to two (2) one (1) year extensions upon mutual consent of the parties. 7. Termination: (a) For Cause: If Contractor fails to perform a provision of this Agreement, the City, after ten (10) days written notice to Contractor and without prejudice to any other remedy the City may terminate this Agreement. 16 30 of 138 (b) Without Cause: The City retains the right to cancel this Agreement at any time, with or without good cause, upon fifteen (15) days written notice to Contractor when such termination is deemed by the City Council to be in the public interest. (c) Payment Upon Termination: In the event of termination as provided herein, Contractor shall be paid for Work Orders performed through the date of termination less, if termination is for cause, damages incurred by the City as a result of Contractor's failure to carry out its obligations under the terms of the Agreement. 8. Indemnity: To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless the City and the City's agents, servants and employees, from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, arising out of or resulting from performance of the Agreement, except for injuries, damages or claims which are the result of the sole negligence of the City, its agents, servants, or employees, and Contractor shall at its own cost and expense defend the City against any such claim, suit, action or proceeding which may be commenced against the City by reason thereof. Contractor hereby acknowledges that the obligations imposed upon the City and the terms of this Agreement are the specific consideration for the indemnification provided herein. 9. Insurance: Contractor shall procure and maintain during the life of this Agreement insurance of the types, and subject to the limits, set forth below. Contractor shall also provide the City with evidence of this insurance prior to commencement of deliveries in the form of Certificates of Insurance, which shall be subject to the City's approval for adequacy. (a) Workers' Compensation: Contractor shall purchase and maintain, from a company or companies lawfully authorized to do business in Florida, workers' compensation insurance for protection from claims for damages because of bodily injury, including death, which may arise out of or result from Contractor's operations under this Agreement, whether such operations be by Contractor or by Sub - Contractors or by anyone directly or indirectly employed by any of the above. This insurance shall be written for not less than the limits of liability required by law, and Coverage B, Employer's Liability, shall be written for a minimum liability of $100,000.00 per occurrence. (b) Commercial General Liability: Contractor shall provide and maintain during the life of this Agreement, at Contractor's own expense, Commercial General Liability insurance on an occurrence basis for a minimum of $1,000,00.00 per occurrence for claims of bodily injury including death, and $500,000.00 for property damage. 17 31 of 138 10. Assignment: Contractor shall not assign this Agreement to any other persons or firm without first obtaining the City's written approval. 11. Notices. All notices, requests, consents, and other communication required or permitted under this Agreement shall be in writing and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, or mailed by registered or certified mail (postage prepaid) return receipt requested, addressed to: IF TO THE CITY: City of Sebastian Attn.:City Manager 1225 Main Street Sebastian, Florida 32958 WITH A COPY TO: City Attorney (Same Address) IF TO CONTRACTOR: 12. Time: Time is of the essence in the performance of this Agreement and timely performance is a material term hereof. 13. Conflict of Interest: CONTRACTOR represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of its obligations hereunder, as provided by law. Contractor further represents that no person having any such interest shall be employed in performance of the Agreement. 14. Compliance With All Applicable Federal Laws: Contractor shall comply with all applicable federal laws that in any way regulate or impact performance of its obligations hereunder. 15. Public Entity Crimes: 18 32 of 138 In accordance with Fla. Stat. 287.133(3)(a) Contractor is hereby notified that: Florida Statutes, requires the Florida Department of General Services to maintain and make available to other political entities a "convicted vendor" list consisting of persons and affiliates who are disqualified from public contracting and purchasing process because, they have been found guilty of a public entity crime. A public entity crime is described by Section 287.133, Florida Statutes, as a violation of any State or Federal law by a person with respect to and directly related to the transaction of business with any public entity in Florida or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or with an agency or political subdivision and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. By law no public entity shall accept any bid from, award any contract to, or transact any business in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two (currently $15,000) with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to Section 287.133(3)(f), Florida Statutes. 16 Entire and Sole Agreement: Except as specifically stated herein, this Agreement constitutes the entire agreement between the parties and supersede all agreements, representations, warranties, statements, promises and understandings not specifically set forth herein. Neither party has in any way relied, nor shall in any way rely, upon any oral or written agreements, representations, warranties, statements, promises or understandings not specifically set forth herein. 17. Successors and Assigns: Except as otherwise provided in the Agreement, all covenants and agreements of the parties contained in the Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties. 18. Remedies: No remedy herein conferred upon any party is intended to be exclusive of any other remedy and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. 19 33 of 138 19. Governing Law: The Agreement shall be construed and enforced in accordance with and governed by the laws of the State of Florida, and venue for any action pursuant to the Agreement shall be in Indian River County, Florida. 20. Amendments: Neither the Agreement nor any term thereof may be changed, waived, discharged or terminated orally, except by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought. 21. Waiver: The failure of any of the parties at any time to require performance of any provision of the Agreement shall in no manner affect the right of such party at any later time to enforce or require the same unless waived in writing. No waiver by any party of any condition or breach shall be construed or deemed to be a waiver of any other condition or any other breach of any term, covenant or warranty contained in the Agreement. 22. Conflict: In the event of any conflict between the provisions of this Agreement and any attachments hereto, the provisions of this Agreement shall prevail. IN WITNESS WHEREOF, the City has hereunto subscribed and Contractor has affixed its name on the date first set forth above. ATTEST: THE CITY OF SEBASTIAN Sally A. Maio,CMC /AAE Al Minner, City Manager City Clerk Approved as to Form and Legality for Reliance by the City of Sebastian only: Robert A. Ginsburg, City Attorney Capp Custom Builders, Inc. CORPORATE SEAL C 20 Secretary 34 of 138 an OF SPASPAN HOME OF PEUCAN MAND CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Wayfinding Signs Agenda No. 7e - 13.075 Approved for Submittal by: Department Origin: Department Head. Finance Director,' City Attorney: 1 i City Clerk: Date Submitted: 4 -30 -2013 For Agenda of: 5 -8 -2013 Exhibits — Engineering Plans and email from Company EXPENDITURE AMOUNT APPROPRIATION FUNDING SOURCE: REQUIRED: BUDGETED: REQUIRED: $ -0- Capital Projects $18,550 $22,500 SUMMARY The Public Works Department in conjunction with Neel- Schaffer, Inc solicited sealed bids for wayfinding signs as part of the Gateway Improvements budgeted in the Capital Projects. The City received no bids. The Public Works crew will install the signs along US #I and Indian River Drive with the assistance of the City's concrete contractor for an estimated fee of $1,000. The Engineering Drawings per FDOT requirements are attached for your review. The FDOT review period for the permit ends on May 30, 2013. We are therefore asking the City Council to waive the formal bid procedures and approve the fee proposal submitted by Baron Sign Manufacturing in the amount of $17,550. Approval of the total cost of $18,550 which includes the estimated concrete cost will allow Public Works to complete the FDOT permit process and purchase these nine wayfinding signs for installation before the May 30, 2013 due date. RECOMMENDED ACTION Move to waive the formal bid procedures and accept fee proposal from Baron Sign Manufacturing in the amount of $17,550 with concrete work being done by the City's annual concrete contractor estimated at $1000. 35 of 138 Page 2 of 2 Confidentiality Note: Information contained in this message along with any attochment(s) maybe confidential and protected by legal privilege. This message is meant solely for the use of the individual(s) to whom it is addressed. Viewing or the use of information and attachment(s) within this message without the expressed permission of Neel - Schaffer, Inc. is prohibited. If you are not the intended recipient of this message, Neel - Schaffer, Inc. requests you take immediate action to notify the sender of the error and that you delete this message and all attachments without modifying, copying or distributing its content. From: jerry f mailto:ierry@baronsign.com] Sent: Friday, April 26, 2013 2:48 PM To: Cindy Watson Subject: City of Sebastian Signage Signs and poles for US1— 6 x $ 1,950.00 = $ 11,700.00 Signs and poles for IRD - 3 x $ 1,950.00 = $ 5.850.00 Delivery included All poles have complete FDOT breakaways Kind regards, Jerry Foland I President Baron Sign Manufacturing 900 131h St. West I Riviera Beach, Florida 133404 T 561.721.0648 1 F 561.848.2270 0err baronsi n.com I www.baronsign.com GBaron Sign Manufacturing is a proud member of the USGBC, bringing you GREEN products and innovative signage and wayfinding systems. Please call me to assist you in your signage requirements. 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IIeJl Ia suu /PaJ10 � mw E Ee -°E aN J 3 O ha ma' w II So oW laU Ln WO p m d mw " Q o _ - Q o O O a cE W o � At. -- 5i"it.�fi .. ,- •� -�•-- Q� 1 c O ` zisr, O a, z E.. � �' +eN Bet7ami M 4Mdap t Q O V oQ� 04: O V an of SEBASTIM HOME OF PEUCAN ISLAND CITY OF SEBASTIAN AGENDA TRANSMITTAL Subject: Fill Alternate Member Position on Agenda No. Natural Resources Board Department Ori ity leCity Attorney: ro for Submittal by: City Manager I ----- For Agenda of: 5/8/13 Date Submitted: 5/3/13 IY-r Exhibits: Application, Ad, Roster EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: SUMMARY Mr. Richard Eberle has submitted an application to fill Pat Casselberry's unexpired term on the Natural Resources Board. RECOMMENDED ACTION Interview, unless waived, and fill one alternate member position on the Natural Resources Board with a term to expire July 1, 2015. 42 of 138 LMCf S�RASPIIAN HOME OF PELICAN ISLAND RFcE /V�D APR � � of c'; ty Cle k sb0 tiara APPLICATION TO SERVE ON CITY BOARD /COMMITTEE Mce (All _City 6c ?,d ,_d C" ^ .r rs iAlust be Fees del.l-�. }.e tai i o.__Sebasi �r?; NAME: h t 4 P, \ )::> 'W', - L r HOME ADDRESS: © 8o e, HOME PHONE: J - S - DSO l E -MAIL: -D - rU 13 , / AAJ !c 13C- l<LC : CD BUSINESS: BUSINESS ADDRESS: 1,1ZA BUSINESS PHONE: E -MAIL: ARE YOU A RESIDENT OF THE CITY OF SEBASTIAN? yES HOW LONG? ©kC yelql,- DO YOU CURRENTLY HOLD ANY PUBLIC OFFICE? NO DO YOU PRESENTLY SERVE ON ANY OTHER CITY BOARD OR COMMITTEE? /10 WHICH BOARDS /COMMITTEES? PLEASE CHECK THE BOARDS FOR WHICH YOU ARE INTERESTED IN SERVING IN ORDER OF PREFERENCE WITH FIRST CHOICE BEING #1: CHARTER REVIEW COMMITTEE (serves only 6 months every 5 years - meets next in 2011) CITIZENS BUDGET REVIEW ADVISORY BOARD (temporary - meets during summer) COMMUNITY REDEVELOPMENT FAQADE, SIGN & LANDSCAPE GRANT SELECTION COMMITTEE CONSTRUCTION BOARD (permanent board - meets once a month)* HANDICAPPED SELF - EVALUATION COMMITTEE (permanent board— meets quarterly) i NATURAL RESOURCES BOARD (permanent board — meets once a month) PLANNING AND ZONING COMMISSION (permanent board — meets twice a month)* POLICE RETIREMENT BOARD OF TRUSTEES (permanent statutory board- meets quarterly)* PARKS & RECREATION ADVISORY COMMITTEE (permanent board— meets once a month) OTHER COMMITTEE (if applicable) (WRITE IN COMMITTEE NAME) Filing of financial disclosure is required following appointment 43 of 138 March 5, 2013 an of HOME OF PELICAN ISLAND PRESS RELEASE NATURAL RESOURCES BOARD THE CITY OF SEBASTIAN IS SEEKING APPLICANTS TO FILL ONE UNEXPIRED ALTERNATE MEMBER POSITION ON THE BOARD WITH TERM TO EXPIRE 7/2015. ALL BOARD MEMBERS MUST BE CITY RESIDENTS. THIS IS A VOLUNTEER POSITION. THIS COMMITTEE MEETS ON THE FIRST TUESDAY OF EACH MONTH AT 6:00 PM IN THE COUNCIL CHAMBERS, 1225 MAIN STREET, SEBASTIAN_ APPLICATIONS ARE AVAILABLE IN THE CITY CLERK'S OFFICE, CITY HALL, 1225 MAIN STREET, SEBASTIAN, BETWEEN THE HOURS OF 8:00 AM AND 4:30 PM OR AT WWW.CITYOFSEBASTIAN.ORG AND WILL BE ACCEPTED UNTIL , FC LLE I). 44 of 138 NATURAL RESOURCES BOARD Albert Alvarez Reapptd 6/22/2011 Term 492 Quarry Lane expires Sebastian, FL 32958 Apptd 7/29/09 7/1/2014 alalvarezc ,aoi con—, Took Albury's position 532 -8767 Robin Graves — Chair Reapptd 6/27/12 Term 525 Michael Street expires Sebastian, FL 32958 Reapptd 7/8/09 7/1/2015 918 -8868 _ Apptd 9/24/08 Took Cumming's position Eric Spokas — Vice Chair Reapptd 7/28/10 Term 131 Bellamy Trail expires Sebastian, FL 32958 Apptd 6/10/09 7/1/2013 drspoks @aol.com Took Slattery's position 918 -8137 Gilbert Gordian Jr. Apptd 11/16/11 Howe's Term 498 Quarry Lane position expires Sebastian, FL 32958 7/1/2013 matt net Apptd Alt 6122/2011 581 -2760 Took Schuster's position Ann Lucier Apptd 6/22/2011 Term 425 Toledo Street Took Koerner's position expires Sebastian, FL 32958 7/1/2013 - 228 -8258 Hank Kriss Apptd 6/22/11 Term 1557 Damask Lane Took Gruden's position expires Sebastian, FL 32958 7/1/2014 han dry, ,� rte'` CC'v? it {_'. Lt /�{ {Ati. 589 -2413 Alan Northcott Apptd 5/9/12 Term 924 S. Easy Street Took Bender's position expires Sebastian, FL 32958 7/1/2014 ia,nnclrthcottc misn. comn Apptd Alt 11/16/11 Took 581 -2607 Gordian's position 45 of 138 Patricia Casselberry Term 611 Mallow Scrub Way AiwId 51 expires Sebastian, FL 32958 Too orthcott's Alt 7/1/2015 aatc�crry(Qvahoc l ' ition (352)697- qo—y Alternate Jerry Deredita Apptd 10/10/12 Term 731 Glencove Street Took Schnee's Alt expires Sebastian, FL 32958 position 7/1/2014 ercde ',Gjgg m, !I comn 559 -9123 Alternate Board Liaison — Ginny Sieferd 46 of 138 Subject: Resolution R -13 -08 Approving Agenda No. 12A - /3.0774k Final Plat for Cross Creek Lake Estates Plat One Department Origin: CommunAyDeyqlopment Comm Dev Direct City Attorney: - City Clerk: IV r Submittal by: City Manager JAprokd,fc Date Submitted: May 1, 2013 1 r For Agenda of. May 8, 2013 ExhilSits: Resolution R- 13 -08; Cross Creek Lake Estates Plat One; Application; MBV Engineering certification letter; Guarantee of Sidewalk Construction Agreement; Area map EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: -0- -0- -0- CiTMMARV The preliminary plat for Cross Creek Lake Estates was approved by City Council in October of 2004. The entire subdivision consists of approximately 115 acres and is designed with a 44.5 - acre lake and 134 single family residential lots. The lake was created by a former sandmining operation. A majority of the lots will be lake -front properties. The land is zoned RS -10 (Residential Single Family) and the land use is LDR (Low Density Residential) which allows 5 units per acre. Overall density for this development will be approximately 12.16 units per acre. As a condition of approval of the preliminary plat, the developer was required to make improvements to 70th Avenue (a.k.a. Powerline Road) in conjunction with Indian River County. Those improvements have been completed. The subdivision improvements were also completed, but the decline in the housing market as well as the decline in overall property values put many projects such as this on hold. The owners are now ready to proceed with their final plats. The subdivision is currently owned by two corporations and will be platted separately as Cross Creek Lake Estates Plat One and Cross Creek Estates Plat Two. Both plats will share a common homeowners' association and will be subject to identical deed restrictions, a copy of which is on file in the Community Development Department. Cross Creek Lake Estates Plat One includes the northern 80 -acre parcel owned by Cross Creek Lake Estates Inc. (Henry A Fischer) and includes the entire street system, various tracts and 47 of 138 drainage easements, and 10 residential lots. Cross Creek Lake Estates Plat Two includes the southern 35 -acre parcel owned by Campanelli Development Corporation, Inc. (Ralph Campanelli) and includes the entire street system, various tracts and drainage easements, and 30 residential lots. Tracts marked "reserved for future development" on both plats will be platted into residential lots at a later date. Sidewalks have been constructed on all portions of the subdivision except for those areas that border on single - family lots. To prevent damage or destruction of the sidewalks during home construction, the subdivision deed restrictions require each lot owner to construct that owner's portion of the sidewalk before a Certificate of Occupancy is issued. The owners of Plat One and Plat Two have entered into a Guarantee of Sidewalk Construction Agreement (attached) as an "alternate irrevocable form" to insure the completion of the sidewalk system. This agreement has been reviewed by the City Attorney. MBV Engineering has certified that Cross Creek Lake Estates has been built in substantial conformance with their design documents. Staff has verified that the final plats for Cross Creek Lake Estates Plat One and Cross Creek Lake Estates Plat Two are in accordance with the preliminary plat. The final plats have both been reviewed by David Jones, (consulting) City Surveyor, Frank Watanabe, (consulting) City Engineer, Indian River County Utility staff and Clerk of the Court staff. All have found the plats to be acceptable. RECOMMENDED ACTION Move to approve Resolution R -13 -8, approving Cross Creek Lake Estates Plat One. 48 of 138 RESOLUTION NO. R -13 -08 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS CROSS CREEK LAKE ESTATES PLAT ONE; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Henry A. Fischer, on behalf of Cross Creek Lake Estates, Inc., has filed an application for approval of a final plat for a subdivision known as Cross Creek Lake Estates Plat One; and WHEREAS, the final plat complies with applicable State and City codes and regulations. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. FINAL PLAT APPROVAL. The City Council of the City of Sebastian, Florida does hereby approve the final plat for Cross Creek Lake Estates Plat One prepared by William B. Zentz bearing the revision date of April 26, 2013. Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows: Mayor Bob McPartlan Vice Mayor Don Wright Councilmember Jerome Adams Councilmember Andrea Coy Councilmember Jim Hill The Mayor thereupon declared this Resolution duly passed and adopted this 81h day of May, 2013. 49 of 138 ATTEST: Sally A. Maio, MMC City Clerk Approved as to form and content for reliance by the City of Sebastian only: Robert A. Ginsburg, City Attorney 2 CITY OF SEBASTIAN, FLORIDA Bob McPartlan, Mayor 50 of 138 ao ui Z O 0. w Q O� W, 5 W Y $w W �W W co V z O F U 0 w 0 0 O H Q U w F U w ��sam ��=SCx�iN ww �S7 "i 13� <µ ¢ V 4) m � r = °wF <F w see 9a aa=aw om «� .0 ik °g im ¢N �s` w�� ¢ a� " "� `o Foy= e„ - i w = mZ. a605 �a w z bzl o�ay�Mlzoffi e? 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'S 30 3Nl] N .68ZZ9Z Il 11Nn 50NY7HOfN NYILSYH3S i0 3N1 /!Loos 3,9Z,£Y.69N - Zf'9S =1 9S 'Od L 'l'H'd - M/tl 37YN1Yi10 0£ 0 YID M „9Z,45.68N M. Permit Application No. SEB —M.MN City of Sebastian ►,a„EorMANM�m Development Order Application Applicant if not owner, written authorization notarized from owner is required) Name: Mr. Henry (Hank) Fischer - Cross Creek Lakes Estates Inc. Address: P.O. Box 780068; Sebastian, FL 32978 Phone Number: (772 ) 589 - 3159 FAX Number: (772 ) 589 - 7731 E -MI": hfischer @wedigflorida.com Owner if different from applicant) Name: Same as Applicant Address: Phone Number: ( } - FAX Number: E -Mail: Title of permit or action requested: Final Plat PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8 -1/2" BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name (if applicable): Cross Creek Lake Estates Plat One B. Site Information Address: 9045 70th Avenue Lot: Block: Unit: Subdivision: Indian River County Parcel #: 30- 31 -39- 00000 - 3000 - 00002.0 Zoning Classification: Future Land Use: RS -10 Residential Existing Use: Residential Proposed Use: Residential C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): Final plat for Cross Creek Lake Estates northern portion, otherwise known as "Plat One" DATE RECEIVED: Z / I / V-2, FEE PAID: $ SUO ,ar,1) C,t i a-7 33 RECEIVED BY: 55 of 138 Permit Application No. D. Project Personnel: Agent: Name: Mr. Henry (Hank) Fischer - Cross Creek Lakes Estates Inc. Address P O. Box 780068; Sebastian, FL 32958 Phone Number: ( 772 ) 589 - 3159 FAX Number: ( 772 } 589 - 7731 E -Mail: hfischer @wedigflorida.com Attorney: Dill and Evans P.L. Name: Mr. Warren Dill, esq. Address 1565 US Hwy. 1; Sebastian, FL 32958 Phone Number: ( 772 ) 589 - 1212 FAX Number: ( 772 } 589- 5212 E -Mail: wdilldelaw @bellsouth.net Engineer: MBV Engineering, Inc. Name: Mr. Aaron Bowles, P.E. Address 1835 20th Street; Vero Beach, FL 32960 Phone Number: (772 ) 569 - 0035 FAX Number: ( 772 ) 778 - 3617 E -Mail: mbveng @mbveng.com Surveyor: W.B. Zentz & Associates Inc. Name: Mr. William Zentz, PSM Address 684 Old Dixie Hwy.; Vero Beach, FL 32962 Phone Number: ( 772 ) 567 - 7552 FAX Number: ( 772 ) 567 - 1751 E -Mail: billz- wbz @comcast.net I, Henry (Hank) Fischer , BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: X I AM THE OWNER _ I AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND /OR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCURATE AND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. 12- W -(Z SIG RE j DATE SWORN TO AND SUBSCRIBED BEFORE ME BY 1 Oigr�j WHO IS PERSONAALt�I TO ME OR PRODUCED AS IDENTIFICATION, THIS 0 DAY OF bt( Op,m 09,Ir 220 1'2_ . NOTARY'S SIGNATURE J[ l�Gi/ PRINTED NAME OF NOTARY COMMISSION NO . /EXPIRATION SEAL: 56 of 138 JESSICA HAWKINS *r # MY COMMISSION # EE 0033D7 �g !F" ' EXPIRES: October 22, 2014 Banded Thru No Public Underwriters Rf,h 56 of 138 Permit Application No. The following Is required for all comprehensive plan amendments, zoning amendments (including rezoning), site plans, conditional use permits, special use permits, variances, exceptions, and appeals. I/WE, X THE OWNER(S) / _ THE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE Planning & Zoning_ BOARD /COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY /OUR PENDING APPLICATION. I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE I /WE MAY HAVE, DUE TO THE QUASI- JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD /COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY /OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND CONSENT IS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMISES E, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. !Z IZ /"SIGNA7yR6 DATE Sworn to and subscribed before me by _ 0,P i' rl j ,Fse, 'Jy.r who is personally known to me or produced as Identification, this _2�Q_ day of b &,em6rr - , 20 /Z. Notary's Signature 1;„rPy,. JESSICA HAWKINS Printed Name of Notary ' = :.; r- MY COMMISSION # EE 003307 Commission No. /Expiration ' ' EXPIRES: October 22, 2014 Seal: Ar, hd Bonded Thru Notary Public Undenrtiters 57 of 138 Permit Application No. §E� l" Supplemental information Final Plat Approval HOME Or ➢EUCAN MMO X 1. The following information is required on all final plats; X a. Name of subdivision. X b. Title Block. X c. Legal Description. X d. Index Sheet. X e. The final plat shall comply with Chapter 177, Florida Statutes, and shall show all lengths of arcs together with central angles, radii, and points of curvature. X f. Scale. X g. North arrow on every sheet. Bearing or azimuth reference shall be clearly stated on the face or first page of the plat. X h. The point of beginning shall be boldly shown, X i. Ali intersecting street right -of -ways shall be joined by the long cord of minimum radius of twenty -five feet and all dimensions shown. X j. All adjoining property shall be identified by a subdivision title, plat book and page or, if unplatted, the land shall be so designated. x k. If the proposed plat borders upon any public water bodies, delineate the mean high water line. X I. Permanent reference markers shall be shown. • m, In the upper right hand corner, provide a three -inch by five -inch space to be used by the Clerk of the Circuit Court for recording information. • n. The plat shall be accurate within 0.01 foot and shall be tied accurately to all township, range, and section lines. • o. On the cover sheet or first page show a vicinity sketch. X p. Lots and blocks shall be numbered or lettered. X q. The plat shall contain the name of each street shown. X r. All right -of -way and easement widths and dimensions shall be shown on the plat. 58 of 138 Permit Application No. X 2. Attached the following: X a. Six copies of the final plat. (Two sets must be sealed.) b. Three sealed sets of as -built plans. 59 of 138 I. MBV ENGINEERING, INC. MOIA BOWLES VILLAMIZAR & ASSOCIATES www.mbveng.com CA #3728 April 8, 2013 Mrs. Jan King City of Sebastian 1225 Main Street Sebastian, FL 32958 Subject: Cross Creek Lake Estates Subdivision Sebastian, Florida Engineer's Project Number: 11- 325/03 -158 Dear Mrs. King: Via Hand Delivery Please accept this letter as certification that all site improvements for the Cross Creek Lake Estates subdivision have been completed in substantial conformance with our design documents and the approved plans dated October 19, 2005 and signed by Mr. David Fisher. Please note that portions of the project's sidewalks are not yet installed and will be done so during the construction of each lot. Should you have any questions regarding the above subject, please do not hesitate to contact our office . B0, M 0 cm J. FL 0 ®tddB9/14�90¢��' RECEIVED APR 0 8 2013 City of Sebastian Curn��-;uni', Dever , ent C�� 1835 20th Street 1600 W. Eau Gallie Blvd., Suite 201 D 806 Delaware Avenue Vero Beach, FL 32960 Melbourne, FL 32935 Ft. Pierce, FL 34950 772.569.0035 32 1.253.15 10 772.468.9055 Fax: 772.778.3617 Fax: 321.253.09 11 Fax: 772.77B361760 of 138 DILL & EVANS, P.L. WARREN W. DILL JOHN G. EVANS ATTORNEYS AT LAW Also admitted in Also Admitted in Wyoming 1565 US Highway 1 California Nebraska Sebastian, Florida 32958 Email: delawl @bellsouth.net Email: wdilldelaw@bellsouth.net (772) 589 -1212 Fax (772) 589 -5212 April 11, 2013 Honorable Mayor Bob McPartlan City of Sebastian 1225 Main Street Sebastian, Florida 32958 RE: Cross Creek Lake Estates Section 54 -4 — 19.5(f)(2) Guarantee of Sidewalk Construction by "Alternate Irrevocable Form" Our File No. 12 -256 Dear Honorable Mayor McPartlan and Council Members: The above referenced subdivision is being developed jointly by Cross Creek Lake Estates, Inc., Henry A. Fischer, President owning its area of the subdivision with 77 lots for sale ( "Total Lots ") and Campanelli Development Corporation, Inc., Ralph Campanelli, President, owning its respective area of the subdivision with 61 lots for sale ( "Total Lots "). All required subdivision improvements have been installed with the exception of sidewalks. The purpose of this letter is to request the use of this letter as an "alternate irrevocable form" of guarantee for the construction of sidewalks, in lieu of a cash bond, personal bond with a letter of credit or surety bond to guarantee. Approximately, forty-three percent (43 %) of the sidewalks have been installed in Henry Fischer's subdivision, where they will not be damaged during the construction of a home. It is impractical to construct sidewalks in the remainder of the subdivision at this time when future construction activity of a home would destroy most of the sidewalk on the lot. The three forms of guarantee for required improvements provided in the Land Development Code are unworkable for sidewalks because sidewalks are not installed until after a lot is sold and the home constructed. In the current economy it could be years before all of the lots in Cross Creek Lake Estates are developed. Bonds and letters of credit are not available for indefinite periods of time and it would be a hardship to have to post a cash bond for an unknown period of time. The Land Development Code recognizes that the three (3) typical forms of guaranteeing subdivision improvements are not always appropriate by providing for an "alternate irrevocable form" of guarantee. As previously stated, a substantial portion of the sidewalks have already been installed. The Declaration of Conditions, Covenants, Easements and Restrictions for the subdivision requires every lot owner to construct a sidewalk to the construction standards required by the City, along the entire length of that owner's lot before a Certificate of Occupancy is issued. See Article VI Section 24 Sidewalks of the Declaration. 61 of 138 Honorable Mayor Bob McPartlan April 11, 2013 Page 2 of 2 As further assurance to the City that the sidewalks will be installed, Cross Creek Lake Estate, Inc. and Campanelli Development Corporation, Inc. as set forth below irrevocably guarantee that when ninety-five percent (95 %) of their respective Total Lots have been sold and a home constructed thereon each will be responsible for constructing the sidewalk on the remaining unsold five percent (5 %) of their Total Lots, thereby insuring that the private road right -of -way within Cross Creek Lake Estates will contain a complete sidewalk system. Very tTly yours, Warren W. Dill Acknowledgement and Guarantee Cross Creek Lake Estates, Inc. for itself and its successor and assigns, hereby acknowledges that it has read the foregoing and agrees therewith and further irrevocably guarantees that when ninety-five percent (95 %) of its Total Lots have been sold and a home constructed thereon it will construct a sidewalk on the remaining unsold five percent (5 %) of its Total Lots. Cross Creek Lake Estates, Inc., a Florida corporation / B Y: Hen A. Fischer, President Dated this // day of l 2013 Attest: i Charles A. Cramer, Secretary Campanelli Development Corporation, Inc. for itself and its successor and assigns, hereby acknowledges that it has read the foregoing and agrees therewith and further irrevocably guarantees that when ninety- five percent (95 %) of its Total Lots have been sold and a home constructed thereon it will construct a sidewalk on the remaining unsold five percent (5 %) of its Total Lots. Campanelli Development Corporation, Inc. a Florida corporation E3y -: alph Canipane , President De.ted this day of Al,", '2013 Attest: t ecretary (Prl name) W WD /j lb Enclosure w: Wientsldefiftscher, henry, hank, ericicross creek lake estates, incleasement with campanelh development corplmcpardan ltr 4- 10- 13.doc 62 of 138 Indian River County, Florida Property Appraiser - Printer Friendly Map Page 1 of 1 Print I Back Indian River County GIS ParcelID OwnerName PropertyAddress 31393000000300000002.0 CROSS CREEK LAKES ESTATES INC 70TH AV SEBASTIAN, FL 32958 Notes .i 63 of 138 h4: / /www.ircpa.org/PrintMap.aspx 5/1/2013 Subject: Resolution R -13 -09 Approving Agenda No. /Z 8 /3.0776 Final Plat for Cross Creek Lake Estates Plat Two Department Origin: Commun Deyel#pment Comm Dev Direct City Attorney: City Clerk: pr ed for Submittal by: City Manager Date Submitted: May 1, 2013 For Agenda of: May 8, 2013 er Exhibits: Resolution R- 13 -09; Cross Creek Lake Estates Plat Two; Application; MBV Engineering certification letter; Guarantee of Sidewalk Construction Agreement; Area map EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: -0- -0- -0- SUMMARY The preliminary plat for Cross Creek Lake Estates was approved by City Council in October of 2004. The entire subdivision consists of approximately 115 acres and is designed with a 44.5 - acre lake and 134 single family residential lots. The lake was created by a former sandmining operation. A majority of the lots will be lake -front properties. The land is zoned RS -10 (Residential Single Family) and the land use is LDR (Low Density Residential) which allows 5 units per acre. Overall density for this development will be approximately 12.16 units per acre. As a condition of approval of the preliminary plat, the developer was required to make improvements to 701" Avenue (a.k.a. Powerline Road) in conjunction with Indian River County. Those improvements have been completed. The subdivision improvements were also completed, but the decline in the housing market as well as the decline in overall property values put many projects such as this on hold. The owners are now ready to proceed with their final plats. The subdivision is currently owned by two corporations and will be platted separately as Cross Creek Lake Estates Plat One and Cross Creek Estates Plat Two. Both plats will share a common homeowners' association and will be subject to identical deed restrictions, a copy of which is on file in the Community Development Department. Cross Creek Lake Estates Plat One includes the northern 80 -acre parcel owned by Cross Creek Lake Estates Inc. (Henry A Fischer) and includes the entire street system, various tracts and 64 of 138 drainage easements, and 10 residential lots. Cross Creek Lake Estates Plat Two includes the southern 35 -acre parcel owned by Campanelli Development Corporation, Inc. (Ralph Campanelli) and includes the entire street system, various tracts and drainage easements, and 30 residential lots. Tracts marked "reserved for future development" on both plats will be platted into residential lots at a later date. Sidewalks have been constructed on all portions of the subdivision except for those areas that border on single- family lots. To prevent damage or destruction of the sidewalks during home construction, the subdivision deed restrictions require each lot owner to construct that owner's portion of the sidewalk before a Certificate of Occupancy is issued. The owners of Plat One and Plat Two have entered into a Guarantee of Sidewalk Construction Agreement (attached) as an "alternate irrevocable form" to insure the completion of the sidewalk system. This agreement has been reviewed by the City Attorney. MBV Engineering has certified that Cross Creek Lake Estates has been built in substantial conformance with their design documents. Staff has verified that the final plats for Cross Creek Lake Estates Plat One and Cross Creek Lake Estates Plat Two are in accordance with the preliminary plat. The final plats have both been reviewed by David Jones, (consulting) City Surveyor, Frank Watanabe, (consulting) City Engineer, Indian River County Utility staff and Clerk of the Court staff. All have found the plats to be acceptable. RECOMMENDED ACTION Move to approve Resolution R -13 -9, approving Cross Creek Lake Estates Plat Two. 65 of 138 RESOLUTION NO. R -13 -09 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, APPROVING THE FINAL PLAT FOR A SUBDIVISION KNOWN AS CROSS CREEK LAKE ESTATES PLAT TWO; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Ralph Campanelli, on behalf of Campanelli Development Corporation, Inc., has filed an application for approval of a final plat for a subdivision known as Cross Creek Lake Estates Plat Two; and WHEREAS, the final plat complies with applicable State and City codes and regulations. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. FINAL PLAT APPROVAL. The City Council of the City of Sebastian, Florida does hereby approve the final plat for Cross Creek Lake Estates Plat Two prepared by Steve Cartechine bearing; the revision date of April 25, 2013. Section 2. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 3. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember The motion was seconded by Councilmember and, upon being put into a vote, the vote was as follows. Mayor Bob McPartlan Vice Mayor Don Wright Councilmember Jerome Adams Councilmember Andrea Coy Councilmember Jim Hill The Mayor thereupon declared this Resolution duly passed and adopted this 8`h day of May, 2013 66 of 138 ATTEST: Sally A. Maio, MMC City Clerk Approved as to form and content for reliance by the City of Sebastian only: Robert A. Ginsburg, City Attorney CITY OF SEBASTIAN, FLORIDA By: Bob McPartlan, Mayor 67 of 138 � pe a is pR8� $ 6 ka i €8 8s� Rig MIMI 1-1 in I ;q m Z w ° i B� � 8 � a R��� i�ke�� lip €Ia agR�` J Q 9 : Fit e pp t @Q JIM I Mup PH � a IqMp 1 R€ >R N ay sa lip �a E v ° jig ° s 0 2 g�� r�w�9�F .off AF if fixg® 8 "s It 8 .plc Alii! ;H1,111 R.RR RR�R k 3� g 2 8a r8 ifilln Ell; g3 !" a O Z co LU hi pp a g� ff e6 3 0 a dA3x S ��aa �r:m wry 707H. M, . tl — —,� — — — — — —_ —_— v — — —tea ---------- - - - - - -� - r — — -- my to m ' I Cyyi �QSi, ��� � � �°- ____ r w< J_aR Jl!! a w✓ .H• 'c � y i� j a I W-- -- -- - -- --- Grt aw �4CEE pp _ a cn ; o p4 t� It la ilk -___- ___ _ ___ -__� I x raueruon uu.— a ,. -+. L_— _— _--- _— __-- _— _— ___ —_ —_ � I Aay 4bb v-------------------------- - --iii: ;gw„----------- - - - - -- --------- --- - - -- M" Permit Application No. ST! City of Sebastian IfOMEOF PEtD[AN KtM'D Development Order Application Applicant If not owner, written authorization notarized from owner is required) Name: Mr. Ralph Campanelli - RC Management Corp. Address: 1 Campanelli Drive; Braintree, MA 02184 Phone Number: ( 781 ) 843 - 8280 FAX Number: ( 781 ) 356 - 6862 E -Mail: jdeflavis @campanelli.com Owner If different from applicant) Name: Same as Applicant Address: Phone Number: ( ) - FAX Number: E -Mail: Title of permit or action requested: Final Plat PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8 -1/2" BY 11" COPIES OF ANY ATTACHMENTS SHALL BE INCLUDED, ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM. A. Project Name (if applicable): Cross Creek Lake Estates Plat Two B. Site Information Address: 9045 70th Avenue Lot: Block: Unit: Subdivision: Indian River County Parcel* 30- 31 -39- 00000 -5000- 00001.0 Zoning Classification: Future Land Use: RS -10 Residential Existing Use: Residential Proposed Use: Residential C. Detailed description of proposed activity and purpose of the requested permit or action (attach extra sheets if necessary): Final plat for Cross Creek Lake Estates southern portion, otherwise known as "Plat Two" DATE RECEIVED: 12-17-O/ 12— FEE PAID: $ 500 -00 �D� O 1Z3 RECEIVED BY: CJ 70 of 138 Permit Application No. D. Project Personnel: November , Agent: //20))12_,// Name: Mr. Ralph Campanelli - RC Management Corp. Josephine DeFlavis Address 1 Campanelli Drive; Braintree, MA 02184 November 7. 2014 Phone Number: ( 781 ) 843 - 8280 FAX Number: ( 781) 356 - 6862 E -Mail: jdeflavis @campanelli.com Attorney: Collins Brown Caldwell Barkett et al Name: Mr. Bruce Barkett, esq. Address 756 Beachland Blvd.; Vero Beach, FL 32963 Phone Number: ( 772 ) 231 - 4343 FAX Number: ( 772) 234- 5213 E -Mail: bbarkett @verolaw.com Engineer: MBV Engineering, Inc. Name: Mr. Aaron Bowles, P.E. Address 1835 20th Street; Vero Beach, FL 32960 Phone Number: (772 ) 569 - 0035 FAX Number: ( 772 ) 778 - 3617 E -Mail: mbveng @mbveng.com Surveyor: Indian River Survey, Inc. Name: Mr. Steve Cartechine, LS Address 1835 20th Street; Vero Beach, FL 32960 Phone Number: ( 772) 569 - 7880 FAX Number: ( 772 ) 778 - 3617 E -Mail: stevec @indianriversurvey.com 1, Ralph Campanelli BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: X I AM THE OWNER 1 AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA AND /OR SKETCHES PROVIDED IN THIS APPLICATION ARE ACCURATE AND TRUE TO THE BEST OF -KNOWLEDGE AND BELIEF. Si TURE �/" DATE SWORN TO AND SUBSCRIBED BEFORE ME BY Ralph Campanelli WHO IS PERSONALLY KNOWN TO ME OR PRODUCED AS IDENTIFICATION, THIS 28th DAY OF November , NOTARY'S SIGNATURE //20))12_,// PRINTED NAME OF NOTARY Josephine DeFlavis COMMISSION No. /EXPIRATION November 7. 2014 SEAL: \ +t _I�, PUT J�ti;YEA �a , 71 of 138 Permit Application No. The following is required for all comprehensive plan amendments, zoning amendments (including rezoning), site plans, conditional use permits, special use permits, variances, exceptions, and appeals. I/WE, X THE OWNER(S) / _ THE LEGAL REPRESENTATIVE OF THE OWNER(S) OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY MEMBER OF THE Planning & Zoning BOARD /COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN CONNECTION WITH MY /OUR PENDING APPLICATION. I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE I /WE MAY HAVE, DUE TO THE QUASI- JUDICIAL NATURE OF THE PROCEEDINGS, RESULTING FROM ANY BOARD /COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY /OUR PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OR THE UNITED STATES CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING. THIS WAIVER AND CONSENT IS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR PROMISES-MADE,y ANY,EMPLOYEE, AGENT,,CONTRACTOR OR OFFICIAL OF THE CITY OF SEBASTIAN. i y ?- NOV. _ 28, 2012 IGNA R % DATE Sworn to and subscribed before me by _Ralph Campanelli who is personally known to me or produced as identification, this 2 thday of November 20 12 . Notary's Signature Printed Name of Notary Commission No, /Expiration Seal: G v i N 0 a o L `. rn � L7 rCro m e os hine DeFlavis November 7. 2014 72 of 138 Permit Application No. Supplemental Information HOMEOFPEUG1kts D Final Plat Approval X 1. The following information is required on all final plats: X a. Name of subdivision. X b. Title Block. X c. Legal Description. X d. Index Sheet. X e. The final plat shall comply with Chapter 177, Florida Statutes, and shall show all lengths of arcs together with central angles, radii, and points of curvature. X f. Scale. X g. North arrow on every sheet. Bearing or azimuth reference shall be clearly stated on the face or first page of the plat. ,X h. The point of beginning shall be boldly shown. X i. All intersecting street right -of -ways shall be joined by the long cord of minimum radius of twenty -five feet and all dimensions shown. X j, All adjoining property shall be identified by a subdivision title, plat book and page or, if unplatted, the land shall be so designated, x k. If the proposed plat borders upon any public water bodies, delineate the mean high water line. X I. Permanent reference markers shall be shown. X m. In the upper right hand corner, provide a three -inch by five -inch space to be used by the Clerk of the Circuit Court for recording information. _X_ n. The plat shall be accurate within 0.01 foot and shall be tied accurately to all township, range, and section lines. X o. On the cover sheet or first page show a vicinity sketch. X p. Lots and blocks shall be numbered or lettered. X q. The plat shall contain the name of each street shown. X r. All right -of -way and easement widths and dimensions shall be shown on the plat. 73 of 138 Permit Application No. X 2. Attached the following: X a. Six copies of the final plat. (Two sets must be sealed.) b. Three sealed sets of as -built plans. 74 of 138 I. MBV ENGINEERING, INC. MOIA BOWLES VILLAMIZAR & ASSOCIATES www.mbveng.COm CA #3728 April 8, 2013 Mrs. Jan King City of Sebastian 1225 Main Street Sebastian, FL 32958 Subject: Cross Creek Lake Estates Subdivision Sebastian, Florida Engineer's Project Number: 11- 325/03 -158 Dear Mrs. King: Via Hand Delivery Please accept this letter as certification that all site improvements for the Cross Creek Lake Estates subdivision have been completed in substantial conformance with our design documents and the approved plans dated October 19, 2005 and signed by Mr. David Fisher. Please note that portions of the project's sidewalks are not yet installed and will be done so during the construction of each lot. Should you have any questions regarding the above subject, please do not hesitate to contact our office. �q�13e "•t4i0lir9����. 6 0 S, ®° 5E Cr *cm J. ksP�.E. de 10 RECEIVED APR 0 8 2013 City of Sebastian Dept. 1835 20th Street 1600 W. Eau Gallie Blvd., Suite 201 D 806 Delaware Avenue Vero Beach, FL 32960 Melbourne, FL 32935 Ft. Pierce, FL 34950 772.569.0035 321.253.1510 772.468.9055 Fax: 772.778.3617 Fax: 321.253.091 1 Fax: 772,778.36 1775 of 138 EvANS, P.L. DILL 8L WARREN W. DILL ATTORNEYS AT LAW JOHN G. EVANS Also admitted in 1565 US Highway 1 Also Admitted in gway Wyoming California Nebraska Sebastian, Florida 32958 Email: delawl @bellsouth.net Email: wdilldelaw @bellsouth.net (772) 589 -1212 Fax (772) 589 -5212 April 11, 2013 Honorable Mayor Bob McPartlan City of Sebastian 1225 Main Street Sebastian, Florida 32958 RE: Cross Creek Lake Estates Section 54 -4 — 19.5(f)(2) Guarantee of Sidewalk Construction by "Alternate Irrevocable Form" Our File No. 12 -256 Dear Honorable Mayor McPartlan and Council Members: The above referenced subdivision is being developed jointly by Cross Creek Lake Estates, Inc., Henry A. Fischer, President owning its area of the subdivision with 77 lots for sale ( "Total Lots ") and Campanelli Development Corporation, Inc., Ralph Campanelli, President, owning its respective area of the subdivision with 61 lots for sale ( "Total Lots "). All required subdivision improvements have been installed with the exception of sidewalks. The purpose of this letter is to request the use of this letter as an "alternate irrevocable form" of guarantee for the construction of sidewalks, in lieu of a cash bond, personal bond with a letter of credit or surety bond to guarantee. Approximately, forty-three percent (43 %) of the sidewalks have been installed in Henry Fischer's subdivision, where they will not be damaged during the construction of a home. It is impractical to construct sidewalks in the remainder of the subdivision at this time when future construction activity of a home would destroy most of the sidewalk on the lot. The three forms of guarantee for required improvements provided in the Land Development Code are unworkable for sidewalks because sidewalks are not installed until after a lot is sold and the home constructed. In the current economy it could be years before all of the lots in Cross Creek Lake Estates are developed. Bonds and letters of credit are not available for indefinite periods of time and it would be a hardship to have to post a cash bond for an unknown period of time. The Land Development Code recognizes that the three (3) typical forms of guaranteeing subdivision improvements are not always appropriate by providing for an "alternate irrevocable form" of guarantee. As previously stated, a substantial portion of the sidewalks have already been installed. The Declaration of Conditions, Covenants, Easements and Restrictions for the subdivision requires every lot owner to construct a sidewalk to the construction standards required by the City, along the entire length of that owner's lot before a Certificate of Occupancy is issued. See Article VI Section 24 Sidewalks of the Declaration. 76 of 138 Honorable Mayor Bob McPartlan April 11, 2013 Page 2 of 2 As further assurance to the City that the sidewalks will be installed, Cross Creek Lake Estate, Inc. and Campanelli Development Corporation, Inc. as set forth below irrevocably guarantee that when ninety -five percent (95 %) of their respective Total Lots have been sold and a home constructed thereon each will be responsible for constructing the sidewalk on the remaining unsold five percent (5 %) of their Total Lots, thereby insuring that the private road right -of -way within Cross Creek Lake Estates will contain a complete sidewalk system. Very truly yours, -, �L'22�� =' Warren W. Dill Acknowledgement and Guarantee Cross Creek Lake Estates, Inc. for itself and its successor and assigns, hereby acknowledges that it has read the foregoing and agrees therewith and further irrevocably guarantees that when ninety -five percent (95 %) of its Total Lots have been sold and a home constructed thereon it will construct a sidewalk on the remaining unsold five percent (5 %) of its Total Lots. Cross Creek Lake Estates, Inc., a Florida corporation Y: Hen A. Fischer, President Dated this // day of 2013 Attest: t e�_) Li.—, Charles A. Cramer, Secretary Campanelli Development Corporation, Inc. for itself and its successor and assigns, hereby acknowledges that it has read the foregoing and agrees therewith and further irrevocably guarantees that when ninety - five percent (95 %) of its Total Lots have been sold and a home constructed thereon it will construct a sidewalk on the remaining unsold five percent (5 %) of its Total Lots. Campanelli Development Corporation, Inc. a Florida corporation alp h Campane_ , President Dated this day of " 2013 Attest: f�Secretary (Prt A name) ' W WD /j lb Enclosure w: IclientsWefifischer, henry, hank, ericicross creek lake estates, incleasement with campanelli development corpVncpartlan lir 4- 10- 13.doc 77 of 138 tm oF %5ASTMN HOME OF PELICAN ISLAND AGENDA TRANSMITTAL Subject: Agenda No. /,Ib -13.0/5- Solid Waste Franchise Department Origin: City. Manage Administrative S Ap ov for Submittal by: City Attorney: City Clerk: G AI' ity Manager Date Submitted: 2 MAY 13 For Agenda Of: 8 MAY 13 Exhibits: SUMMARY On June 30, 2013, the current franchise agreement with Waste Management for Solid Waste removal will expire. Toward that end, staff has been executing a Request for Proposal process to competitively select a new hauler. Three waste companies (Republic, Waste Management and Waste Pro) submitted proposals. Those proposals were reviewed, after hearing presentations from each firm, by the Selection Committee. Joe Griffin, Ken Killgore and Sally Maio served on the Committee. After review of the proposals, the Committee ranked Waste Pro and Waste Management as the best firms. In accordance with the RFP guidelines, the City Manager then negotiated with the two firms ranked best. After negotiations between Waste Management and Waste Pro on May 1St and May 2 "d, it has been determined that Waste Management has the best proposal. The highlights of the Waste Management proposal are follows: Special Considerations ➢ Provide 64 Gallon Containers to All Subscribing Customers; ➢ Provide One Day Annual Event for Collection of White Goods, Electrics and Paper (Shredding); ➢ Operate a Natural Gas Truck Fleet by January 1, 2015; ➢ Construct a Natural Gas Fueling Station in Sebastian if the following Conditions are met: ✓ Receive Renewal of either the North /South IRC Franchise Agreement; ✓ Negotiate a Reasonable City Location for the Station (Airport Property); ✓ Availability of Natural Gas Infrastructure; ✓ Consider Revenue Sharing /City Use of Facility; and, ✓ Follow Land Development Regulations; ➢ Provide 5 Solar Recycling Bins to Locations of City's Choosing 79 of 138 Price: Percent Residential $ 10.55 - 13.24% Hon-containerized Commercial $ 15.55 12.52% Commercial Containerized $ 3.25 -1.52% Roll -offs $ 181.82 -8.22% r Franchise Revenues $ 61.470 -9.61% Ratios Residential + Non - containerized $ 34,228 55.68% Commercial 15,198 24.72% Roll -offs 12,044 r 19.59% Total Franchise Revenues $ 61,470 100.00% General: ➢ Two -Day, Weekly Residential Trash Collection; ➢ One -Day Weekly Yard Waste Collection; ➢ Commercial Collection As Requested; and, ➢ All Materials to Indian River County Landfill. RECOMMENDATION Authorize staff to prepare a Solid Waste Franchise Ordinance with Waste Management, reflecting the new terms and conditions. The Ordinance will then be formally considered on First Reading at the May 22, 2013 Regular Meeting. FOR YOUR INFORMATION ➢ For brevity purposes, each firm's proposal has not been scanned or included in your packets. However, the proposals are readily available in the Office of the City Manager for your review. ➢ The City Manager will prepare a brief presentation for Council's consideration at the May 8th meeting. The presentation will review Pros and Cons of the two best proposals and highlights of the selection process. ➢ Waste Management and Waste Pro will be in attendance at the May 8th meeting and ready to make a formal presentation to Council (if Council so chooses). 80 of 138 00 m 0 0 O O O O rn o 0 O (D Cl? O 00 N O> O (D ul N O 0) 0) � (D C m o 0 0 0 0 0 0 0 0 P V C Cl) 0) U*) 00 Cl) w O M (D O M M O d N O O r- O r- O It M I- C1 LO U*) It r — O (D r- M a r- G 7 O (D 00 j r- O O 00 C m o 0 0 0 o W o o o 0 IM N It O N � v C (D w O a; O O 00 a; w I- N 0) O O 0- d V N i U) N— 0 a r Q> Q> r- N 00 In Q> It 00 O� O� O� 00 00 In 00 It 00 m O O N L df (D 00 O 3 O 00 r (D az' m LO M M cq (D M M O O a` a` 60 60 60 60 60 0. C y0 w d o 0 0 e O o o o 0 a ++ C m C v N N U*) N U*) N N — (D 00 (D N I� 0> Lq O O E '� ri oo ai o LO 0) o am LO ea day Co ' O V LO LO LO O 00 00 It O !d N ONO N m It � O LO M — � d N O� 0 .� y O r r 0o r M LO N (p 4 CL o c cn 3 a a a LL W r (D N O O V) N N LO — 0o M M O r+ M _N O 0) co d CD LO M co C V V 7 () ER b9 b9 b9 b9 ER ER •� N N m E N c c m V C h c U c m d � N •m Z :Oi ' m + C � _ 75 v l0 2+ '� U C c O , h m c N E uJ o ` Y E 4 v E LL in U Z U LL O RFP 13 -01 SOLID WASTE COLLECTION SERVICES SUMMARY OF REVIEW COMMITTEE SCORE SHEETS April 24, 2013 Equipment List: Joe Griffin Sally Maio Ken Killgore Committee Concensus Qualifications and Resumes: Joe Griffin Sally Maio Ken Killgore Committee Concensus Special Considerations: Joe Griffin Sally Maio Ken Killgore Committee Concensus Technical Proposal: Joe Griffin Sally Maio Ken Killgore Committee Concensus Experience and References: Joe Griffin Sally Maio Ken Killgore Committee Concensus Financial Proposal: Joe Griffin Sally Maio Ken Killgore Committee Concensus Totals of Each Member: Joe Griffin Sally Maio Ken Killgore Average of All Members Scores Committee Concensus Waste Management Republic (Treasure Coast) Waste Pro 4 4 4 4 3 5 4 4 5 4 4 5 7 6 9 10 10 10 10 8 8 9 8 9 7 6 9 9 9 10 7 7 10 8 7.5 10 13 10 15 15 14 15 10 10 10 12.5 11 13 19 18 20 20 20 20 20 15 15 19.5 18 18 30 14 35 34 14 31 35 14 30 33 14 32 80 58 92 92 70 91 86 58 78 86 62 87 86 62.5 87 82 of 138 arf OF SERASTIM wf HOME OF PELICAN ISLAND AGENDA TRANSMITTAL Subject: Agenda No. 12,E-13.079 Presidential Street Project Final Update — Consider Coolidge Addition Department Origin: Citv.ManaGe r Administrative S W City Attorney: Ap rove or Submittal by: City Clerk: v Date Submitted: 1 MAY 13 AI . n ty Manager For Agenda Of: 8 MAY 13 Exhib4s: EXPENDITURE REQUIRED: $524,919 AMOUNT BUDGETED: $440,321 APPROPRIATION REQUIRED: $84,598 SUMMARY The City received notification from FDEP that we were awarded a 319 Grant to help offset drainage improvement costs associated with the Presidential Streets Project. The grant award is $90,000. Once the grant documentation /agreement is provided to the City, it will come before Council for final approval. In the interim, the purpose of this item being placed on the agenda is to review the current project parameters and consider adding Coolidge Street to the project. The Presidential Street Project has not changed since last reviewed by Council. It aims to improve drainage, road conditions and "downtown ambience" by constructing new road base, asphalt overlay, stamped concrete parking spots, sidewalk (not Martin), street lighting (Washington Only), and landscape (not Martin). The total engineer estimate for the project is $614,919; however, because of the grant award the total expenditure required is $524,919 as listed below. ITEM Washington Street Cleveland Street Martin Street CTI Inspection Services Less FDEP Grant TOTAL PROJECT ESTIMATE ESTIMATE $346,757 $217,966 $40,196 $10,000 $524,919 83 of 138 At this time, Council may want to consider adding Coolidge Street to this project. Earlier this year, Council postponed the CavCorp Project. However, a goal of Council is to create additional on- street parking, down -town ambiance and improve street conditions in the Riverfront District. While a CavCorp design concept could not be agreed upon, one area of agreement in that project was improvements along Coolidge Street. Frank Watanabe of Neel- Schaffer has estimated that street, sidewalk, lighting and parking improvements along Coolidge would be $100,000. In addition, with the CavCorp Project delayed, $250,000 exists in CRA to cover Coolidge additional and other overruns which may occur along Washington, Martin and Cleveland. In considering this project expansion, below are two alternatives for Council to consider. Go Out To Bid "As -Is" — As currently designed, the project is $84,598 over budget. This is due to the additional ambience add -ons such as sidewalks, stamped concrete, landscape and lighting. At this point, staff would recommend going out to bid and making budget adjustments after the bid process reveals unit pricing. Budget adjustments may or may not be required. Go out to Bid w/ Project Expansion — Neel- Schaffer has estimated that similar improvements can be added to Coolidge Street. This would increase cost by approximately $104,000 ($100,000 Project Costs; $4,000 Engineering Costs). With the CavCorp Project on -hold, the CRA fund can absorb an a project expansion of up to $250,000. RECOMMENDATION Staff recommends that Council authorize staff to move forward with the procurement of this project, including improvements to Coolidge Street. This recommendation will require an additional allocation from the CRA once final bids are received. 84 of 138 PRELIMINARY CONSTRUCTION COST ESTIMATES DRAFT Road Name: Cleveland Street Date 4/25/2013 Project No. NS.08024.017 Prepared by: FTW Project Location: Sebastian, FL Checked by: FTW Project: 582 LF of asphalt road with t V travel lanes, parking, landscaping, drainage and baffle box and 480 Lf of Indian River Drive drainage improvemnents Project Site: Cleveland Street Preliminary Estimate DESCRIPTION QUANTITY UNITS UNIT COST AMOUNT General Maintenance of Traffic 1 LS $5,000.00 $ 5,000.00 Mobilization 1 LS $2,500.00 $ 2,500.00 Traffic Control Officer 0 MH $0.00 $ - Subtotal General $ 7,500.00 1. Earthwork Clearing and Grubbing 1.05 AC $1,000.00 $1,050.00 Remove and Dispose Ex Curb 891 LF $10.50 $9,355.50 Remove and Dispose Ex Ashpalt 3136 SY $4.00 $12,544.00 Remove and Dispose Ex Trees 39 EA $200.00 $7,800.00 Relocate Ex Sewer Valves 6 EA $500.00 $3,000.00 Relocate Ex Water Meter 1 LS $500.00 $500.00 Relocate Ex. Power Tie down Cable 1 EA $500.00 $500.00 Power pole to be relocated 2 EA $1,000.00 $2,000.00 Relocate Ex. Gate Posts with Chain 2 EA $200.00 $400.00 Relocate Valve Box 2 EA $450.00 $900.00 Relocate Ex Mailbox 1 EA $50.00 $50.00 Relocate Ex bus Sign 1 EA $200.00 $200.00 Relocate Ex Signs 1 EA $150.00 $150.00 Relocate Ex Water Box 1 EA $400.00 $400.00 Demuck Existing Swale Prior to Pipe Installation 1 LS $1,000.00 $1,000.00 Remove and Dispose Ex Structure 9 EA $400.00 $3,600.00 Remove and Dispose Ex Drainage Pipe 299 LF $10.00 $2,990.00 Subtotal 1. Earthwork $46,439.50 11. Paving /Grading Grind existing pavement 1 LS $2,000.00 $2,000.00 Sawcut Ex Driveways 240 LF $11.00 $2,640.00 Install 1.5" SP 9.5 261 TN $100.00 $26,100.00 fnstelf Full Depth Reclamation with Cemet Treat Base 8" 3173 SY $10.00 $31,730.00 Install Type 'F' Curb 196 LF $16.00 $3,136.00 Install Type 'D' Curb 893 LF $15.00 $13,395.00 Install Type 'D1" Mod Curb 668 LF $14.00 $9,352.00 Install Miami Curb 977 LF $22.00 $21,494.00 Install Stamped Concrete Brick Pattern 2046 SF $11.50 $23,529.00 6' Subgrade (compacted min. 98% max) for S/W 867 SY $10.00 $8,670.00 Install 4" thick sidewalk 632 SY $26.00 $16,432.00 Subtotal 11. Paving /Grading $158,478.00 III. Drainage Install Silt Fence 1,242 LF $2.50 $3,105.00 Install 24" RCP Pipe 827 LF $32.00 $26,464.00 Install Miami Curb Inlet 10 EA $1,500.00 $15,000.00 Install Type 'J' Junction Box 5 EA $2,000.00 $10,000.00 Install Shallow Drainage Areas 5 EA $250.00 $1,250.00 Install Beg Protection 24 LF $64.00 $1,536.00 Install 30" RCP 4 LF $55.00 $220.00 Install Type 9 Inlet 2 EA $2,350.00 $4,700.00 Install Type 'D' Box 3 EA $2,000.00 $6,000.00 Install Type 'D' Box w /Grate Top 1 EA $2,400.00 $2,400.00 Install 30' Slip Line 0 LF $0.00 $0.00 Install Baffle Box 1 EA $25,000.00 $25,000.00 Subtotal III. Drainage $95,675,00 IV. Landscaping Install New Trees 15.00 EA $ 500.00 $7,500.00 Install landscape irrigation 1.00 LS $ 8,500.00 $8,500.00 Sod Disturbed Areas 1700.00 SY $ 2.50 $4,250.00 Subtotal IV. Landscaping and Electric $20,250.00 V. Signage and Striping Install 6" Double Yellow Striping 546.00 LF $1.00 $546.00 6" white solid striping for parking 456.00 LF $1.00 $456.00 Install Stop Bar 2.00 EA $100.00 $200.00 ADA Ramps 2.00 EA $350.00 $700.00 Subtotal V. Signage and Striping $1,902.00 SUBTOTAL $ 330,244,50 CONTINGENCIES @ 5% of Subtotal $ 16,512.23 TOTAL CONSTRUCTION COST $ 346,756.73 W- NEEL - SCHAFFER 4/2512013 85 of 138 PRELIMINARY CONSTRUCTION COST ESTIMATES DRAFT Road Name: Washington Street Date 4/25/2013 Project No. NS.08024.017 Prepared by: FTW Project Location: Sebastian, FL Checked by: FTW Project: Washington Street Improvement Project. Modify existing 305 LF of asphalt road to install 11' lanes and Parallel/ Angled Parking, drainage improvements, and landscape. Indian River Dr. pipe swale and install drainage structures. Project She: Washington Street Preliminary Estimate DESCRIPTION QUANTITY UNITS UNIT COST AMOUNT General Maintenance of Traffic 1 LS $2,500.00 $ 2,500.00 Mobilization 1 LS $2,500.00 $ 2,500.00 Traffic Control Officer 0 MH $0.00 $ - Subtotal General $ 51000.00 1. Earthwork Clearing and Grubbing 0.60 AC $1,000.00 $600.00 Remove and Dispose Ex Curb 455 LF $10.50 $4,777.50 Remove and Dispose Ex Ashpalt 1505 SY $4.00 $6,020.00 Remove Ex Pipe 72 LF $20.00 $1,440.00 Relocate Ex Traffic Sign 2 EA $150.00 $300.00 Remove and Dispose Ex Box Structure and Pipe 5 EA $1,000.00 $5,000.00 Adjust Ex Water Box w/TraHic Lid: 2 EA $450.00 $900.00 Remove and Relocate Ex. WPP and St Light 1 EA $0.00 Relocate Water Mains 1 EA $500.00 $500.00 Remove Ex. Headwall 2 EA $1,000.00 $2,000.00 Subtotal I. Earthwork $21,537.50 II. Paving /Grading Grinding existing pavement 1 LS $1,500.00 $1,500.00 Sawcut Ex Driveways 83 LF $11.00 $913.00 Install 1.5" SP 9.5 Asphaltic 162 TN $100.00 $16,200.00 Install Full Depth Reclamation with cement treated base 8" 1970 SY $10.00 $19,700.00 Install Type 'F' Curb 164 LF $16.00 $2,624.00 Install Type 'D' Curb 650 LF $15.00 $9,750.00 Install Type 'D' Modified Curb 60 LF $14.00 $840.00 Install Miami Curb 493 LF $22.00 $10,846.00 Install Stamped Concrete Brick Pattern 1287 SF $11.50 $14,800,50 6" Subgrade (compacted to min. 98% max) for S/W 53 SY $10.00 $530.00 Install 4" thick sidewalk 48 SY $26.00 $1,248.00 Subtotal II. Paving /Grading $78,951.50 III. Drainage Install Silt Fence 485 LF $2.50 $1,212.50 Install 24" RCP Pipe 471 LF $32.00 $15,072.00 Install 30" RCP Pipe 4 LF $55.00 $220.00 Install Miami Curb Inlet: 8 EA $2,000.00 $16,000.00 Install Type 'J' Structure Bottom 4 EA $2,500.00 $10,000.00 Install Type 'D' Structure with Manhole 2 EA $2,000.00 $4,000.00 Install Type 'D' Structure with Grate 2 EA $2,600.00 $5,200.00 Install Baffle Box 1 EA $25,000.00 $25,000.00 Install Type 9 Inlet 1 EA $2,350.00 $2,350.00 Subtotal Ill. Drainage $79,054.50 IV. Landscaping and Electric Install New Trees 8 EA $ 600.00 $4,000.00 Install New Pedestrian Street Lights 5 EA $ 1,500.00 $7,500.00 Install irrigation system 1 LS $ 8,000.00 $8,000.00 Sod Disturbed Areas 770 SY $ 2.50 $1,925.00 Subtotal IV. Landscaping and Electric $21,425.00 V. Signage and Striping Install 6" Double Yellow Striping 262 LF $1.00 $262.00 Install 6' Solid White striping for parking 456 LF $1.00 $456.00 Install Stop Bar 2 EA $100.00 $200.00 ADA Ramps 2 EA $350.00 $700.00 Subtotal V. Signage and Striping $1,618.00 SUBTOTAL $ 207,586.50 CONTINGENCIES @ 5% of Subtotal $ 10,379.33 TOTAL CONSTRUCTION COST $ 217,965.83 NEEILSCHAFFER 4/25/2013 .... . 86 of 138 PRELIMINARY CONSTRUCTION COST ESTIMATES DRAFT Road Name: Martin Street Date 4/25/2013 Project No. NS.08024.017 Prepared by: FTW Project Location: Sebastian, FL Checked by: FTW Project: Martin Street. Full Depth Reclamation Cement Treated Base. 2" Asphalt Pavement Project Site: Cleveland Street Preliminary Estimate DESCRIPTION QUANTITY UNITS UNIT COST AMOUNT General Maintenance of Traffic 1 LS $2,500.00 $ 2,500.00 Mobilization 1 LS $0.00 $ - Traffic Control Officer 0 MH $0.00 $ - Subtotal General $ 2,500.00 I. Earthwork Sawcutt Existing Pavement 162 LF $11.00 $1,782.00 Remove and Dispose Ex Asphalt 1023 SY $10.00 $10,230.00 Subtotal 1. Earthwork $12,012.00 11. Paving /Grading 2" Asphalt Pavement Type SR 12.5 118 TN $ 100.00 $11,800.00 8" Full Depth Reclamation Cement Treated Base (330 1023 SY $10.00 $10,230.00 Subtotal II. Paving /Grading $22,030.00 SUBTOTAL $ 36,542.00 CONTINGENCIES @ 10% of Subtotal $ 3,654.20 TOTAL CONSTRUCTION COST $ 40,196.20 III_ NEEL- SCHAFFER lu,utlun, yuu c.n build ..Vnn 4/25/2013 87 of 138 OD C7 0 O 00 00 r 0 W v i N = a 111JJJ 0 _ 11WI1103fO'dd 3AR802d3AWN`dIONI NO b3AIH NVIONI 3NIId31N30 - 6Z +9L:V1S 3 °z �p a S I -- � w w ea.a rvouvi Q ~ • � � ul U, Z O w LL e ❑ - - g w 0 LLJ� d� a w w m IL' LLI �aWU) LLI Ir � S • _ - ¢! LU LL m m ^o 9y LL p w w $ o o dN-11rvo.e o C m - s Ul ` s y w •a� 4p JO �o a LU � 9 ° 0 0 • w y N III �.2 E RR$R o000 • ,r� $ � � • � Q 3 ��j�t�3 u6 a s a�o s n� t .� d I 5 Y v O • w a Q ^ g C?� ¢Y c �y o-w o Lb +OL NI5391O3fO8d ' IIH �$��� � � � o o Y 3 sn _ dd`u 3S 2 OD C7 0 O 00 00 00 Cl) 0 (3) 00 \ `� }� )! 0 } z $ ; U) 'o }) } \ \ } { .,0 Iz 'Of U) 0 LU z > < LLI 0 �- (D 11,11, LO3101111 \( /) 0- U) LU Of 3AIHO U3AW NIAONI 9N17H31N30 U) L990,cl:vis ui LL LL Lu LU \ \ J': � ®» � : : - � \�\ \ , ~_ !> RG j ti Rq ( ` \ f \ \� . < q § y. �Fi LZ*90-M N1939 ID3PO&J Z sn sn (§ \ \// 00 Cl) 0 (3) 00 I aIr OF SE TIM HOME OF PEUCAN ISLAND AGENDA TRANSMITTAL Subject: Agenda No. 12-F" - 13, 0 Sl(� 12900 US Highway 1 Purchase Department Origin: C' v lanager Administrative S p pfor Submittal by: City Attorney: I City Clerk: 4 Manager Date Submitted: 2 MAY 13 For Agenda Of: 8 MAY 13 Exhibits: EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: $10,000 $0 $300,000 SUMMARY The City was contacted by John King (Remax Crown Realty), representing Charmian Rallis, concerning the City's interest in purchasing a 1.4 acre parcel at 12900 US Highway 1. The parcel is located immediately north of the Sebastian Cemetery and is situated so that it can easily accommodate cemetery expansion. Sally Maio and I have estimated that the cemetery has approximately 15 years of burial space remaining. Based on the current real estate market and limited places for cemetery expansion, I have taken the liberty to execute a conditional offer on the parcel. This action has provided opportunity for Council to consider purchase of the land for $300,000. The purpose of this being placed on the agenda at this time is for Council to consider this action in two phases. First, if Council does not wish to move forward, upon your direction, I will inform Mr. King and the transaction will not proceed forward and there will be no cost to the City. Second, if Council wishes for more due diligence, I have negotiated a sales contract that requires a refundable $10,000 deposit to hold the price at $300,000 while more research is conducted prior to a closing date of June 10, 2013. Some items for your consideration include: ➢ The purchase would be made from the Cemetery Trust Fund which has an approximate balance of $950,000; ➢ If Council wishes to proceed with a purchase, the Cemetery Trust Fund Ordinance limits the amount that can spend up to $250,000. Council may wish to consider changing the current trust fund guidelines, which are there to ensure funding for perpetual maintenance. Staff is of the opinion that these regulat 138 could simply be changed to provide both flexibility for capital purchase and funding for perpetual maintenance; ➢ The current appraised value of the subject parcel is $375,000; ➢ Purchase of this parcel could expand the useful life of the cemetery for another 50 years. RECOMMENDATION Authorize the City Manager to execute sales contract and provide a $10,000 deposit from Cemetery Trust fund to begin a period of due diligence. 91 of 138 �!wx Commercial Contract Crown Realty 1• 1. PARTIES AND PROPERTY: City of Sebastian ( "Buyer ") 2• agrees to buy and Charmian Rallis ( "Seller ") 3• agrees to sell the property as: Street Address: 12900 US Highway 1, Sebastian, FL 32958 4- s• Legal Description: PBB 1- 178 -179 PART OF LOT 25; LYING E OF US NO 1 DESC AS FOLL; BEG ON NELY W FLEMING GRANT LIN IN SEC 30 AT A CONCRETE MONUMENT MARKING BDRY BETWEEN LOTS 25 &26 7• and the following Personal Property: NONE VACANT LAND a. 9 (all collectively referred to as the "Property ") on the terms and conditions set forth below. io• 2. PURCHASE PRICE: $ 300,000.00 11* (a) Deposit held in escrow by Professional Title of IRC $ 12 ( "Escrow Agent ') (checks are subject to actual and final collection) 13• Escrow Agent's address: 1546 N. US Hwy 1, Sebastian, FL 32958 Phone: 772-589 -3231 14• (b) Additional deposit to be made to Escrow Agent within days after Effective Date $ 15• (c) Additional deposit to be made to Escrow Agent within d s after Effective Date $ 0 16' (d) Total financing (see Paragraph 5) 17• (e) Other Deposit is due May 10th afterjCouncil Approval $ 10,000,00 18 (f) All deposits will be credited to the purchase price at closing. Balance to close, subject 19• to adjustments and prorations, to be paid with locally drawn cashiers or official bank $ 290,000.00 20 check(s) or wire transfer. 21 3. TIME FOR ACCEPTANCE; EFFECTIVE DATE; COMPUTATION OF TIME: Unless this offer is signed by Seller 22• and Buyer and an executed copy delivered to all parties on or before April 26, 2013 , this offer will be 23 withdrawn and the Buyer's deposit, if any, will be returned. The time for acceptance of any counter offer will be 3 24 days from the date the counter offer is delivered. The "Effective Date" of this Contract is the date on which the 25 last one of the Seiler and Buyer has signed or Initialed and delivered this offer or the final counter offer. 26 Calendar days will be used when computing time periods, except time periods of 5 days or less. Time periods of 5 27 days or less will be computed without including Saturday, Sunday, or national legal holidays. Any time period ending 2e on a Saturday, Sunday, or national legal holiday will extend until 5:00 p.m. of the next business day. Time is of the 29 essence In this Contract. 3o 4. CLOSING DATE AND LOCATION: 31• (a) Closing Date: This transaction will be closed on add terms (Closing Date), unless specifically 32 extended by other provisions of this Contract. The Closing Date will prevail over all other time periods including, but 33 not limited to, Financing and Due Diligence periods. In the event insurance underwriting is suspended on Closing 34 Date and Buyer is unable to obtain property insurance, Buyer may postpone closing up to 5 days after the 36 insurance underwriting suspension is lifted. 36• Buyer (___) (___) and Seller (__—) L—J acknowledge receipt of a copy of this page, which is Page 9 of 8 Pages. CC-4 Rev. 12/10 02010 Florida Association of R EALTORS° All Rights Reserved SEda.Hl: 054147.600138. 8748888 f01'l n Sl Ill pl i C i t y 93 of 138 37• (b) Location: Closing will take place in Indian River County, Florida. (if left blank, closing 38 will take place in the county where the property is located.) Closing may be conducted by mail or electronic means. 39 5. THIRD PARTY FINANCING: 4o• BUYER'S OBLIGATION: Within days (5 days if left blank) after Effective Date, Buyer will apply for third party 41' financing in an amount not to exceed % of the purchase price or $ , with a fixed interest rate 42• not to exceed % per year with an initial variable interest rate not to exceed %, with points or commitment 43' or loan fees not to exceed % of the principal amount, for a term of years, and amortized over 44 years, with additional terms as follows: 45' 46 Buyer will timely provide any and all credit, employment, financial and other information reasonably required by any 47- lender. Buyer will use good faith and reasonable diligence to (i) obtain Loan Approval within days (45 days if 48 left blank) from Effective Date (Loan Approval Date), (ii) satisfy terms and conditions of the Loan Approval, and 49 (iii) close the loan. Buyer will keep Seller and Broker fully Informed about loan application status and authorizes the 5o mortgage broker and lender to disclose all such information to Seller and Broker. Buyer will notify Seller immediately 51 upon obtaining financing or being rejected by a lender. CANCELLATION: if Buyer, after using good faith and 52• reasonable diligence, fails to obtain Loan Approval by Loan Approval Date, Buyer may within days (3 days if left 53 blank) deliver written notice to Seller stating Buyer either waives this financing contingency or cancels this Contract. 54 If Buyer does neither, then Seller may cancel this Contract by delivering written notice to Buyer at any time 55 thereafter. Unless this financing contingency has been waived, this Contract shall remain subject to the 56 satisfaction, by closing, of those conditions of Loan Approval related to the Property. DEPOSIT(S) (for purposes 57 of Paragraph 5 only): If Buyer has used good faith and reasonable diligence but does not obtain Loan 58 Approval by Loan Approval Date and thereafter either party elects to cancel this Contract as set forth above or the s9 lender falls or refuses to close on or before the Closing Date without fault on Buyer's part, the Deposit(s) shall be 6o returned to Buyer, whereupon both parties will be released from all further obligations under this Contract, except for 61 obligations stated herein as surviving the termination of this Contract. if neither party elects to terminate this Contract 62 as set forth above or Buyer fails to use good faith or reasonable diligence as set forth above, Seller will be entitled to 63 retain the Deposit(s) if the transaction does not close. 64' 6. TITLE: Seller has the legal capacity to and will convey marketable title to the Property by 0 statutory warranty 65- deed ❑ other , free of liens, easements and encumbrances of record or 66 known to Seller, but subject to property taxes for the year of closing; covenants, restrictions and public utility 67 easements of record; existing zoning and governmental regulations; and (list any other matters to which title will be 88' subject) 69' ; 70 provided there exists at closing no violation of the foregoing and none of them prevents Buyer's intended use of the 71- Property as 72 (a) Evidence of Title: The party who pays the premium for the title insurance policy will select the closing agent 73' and pay for the title search and closing services. Seller will, at (check one) 0 Seller's ❑ Buyer's expense and 74• within _ days ❑ after Effective Date 0 or at least 10 days before Closing Date deliver to Buyer (check one) 76' x❑ (i.) a title insurance commitment by a Florida licensed title insurer setting forth those matters to be 76 discharged by Seller at or before Closing and, upon Buyer recording the deed, an owner's policy in the amount 77 of the purchase price for fee simple title subject only to exceptions stated above. If Buyer is paying for the 78 evidence of title and Seller has an owner's policy, Seiler will deliver a copy to Buyer within 15 days after 79 Effective Date. so* ❑ (ii.) an abstract of title, prepared or brought current by an existing abstract firm or certified as correct by an 81 existing firm. However, if such an abstract is not available to Seller, then a prior owner's title policy acceptable 82 to the proposed insurer as a base for reissuance of coverage may be used. The prior policy will include copies 83 of all policy exceptions and an update in a format acceptable to Buyer from the policy effective date and 84 certified to Buyer or Buyer's closing agent together with copies of all documents recited in the prior policy and as in the update. If such an abstract or prior policy is not available to Seller then (L) above will be the evidence of 86 title. 87 (b) Title Examination: Buyer will, within 15 days from receipt of the evidence of title deliver written notice to Seller Be of title defects. Title will be deemed acceptable to Buyer if (1) Buyer fails to deliver proper notice of defects or e9• Buyer L_) L) and Seller L—) (_) acknowledge receipt of a copy of this page, which is Page 2 of 8 Pages. CC4 Rev. 12/10 ®2010 Florida Association of REALTORS* All Rights Reserved Seda* 034147 - 900139 -6749999 Von i 11 Si III]) I i c I t y 94 of 138 90• (2) Buyer delivers proper written notice and Seller cures the defects within 30 days from receipt of the notice 91 ( "Curative Period'). If the defects are cured within the Curative Period, closing will occur within 10 days from receipt 92 by Buyer of notice of such curing. Seller may elect not to cure defects if Seller reasonably believes any defect 93 cannot be cured within the Curative Period. If the defects are not cured within the Curative Period, Buyer will have 94 10 days from receipt of notice of Seller's inability to cure the defects to elect whether to terminate this Contract or 95 accept title subject to existing defects and close the transaction without reduction in purchase price. 96 (c) Survey: (check applicable provisions below) 97' Mx (i.)Seller will, within 5 days from Effective Date, deliver to Buyer copies of prior surveys, plans, 96 specifications, and engineering documents, if any, and the following documents relevant to this transaction: 99* , 100 prepared for Seller or in Seller's possession, which show all currently existing structures. in the event this 101 transaction does not close, all documents provided by Seller will be returned to Seller within 10 days from the 102 date this Contract is terminated. 103• Zx Buyer will, at ❑ Seller's Z Buyer's expense and within the time period allowed to deliver and examine title 104 evidence, obtain a current certified survey of the Property from a registered surveyor. If the survey reveals 105• encroachments on the Property or that the improvements encroach on the lands of another, ❑ Buyer will 106* accept the Property with existing encroachments Fsuch encroachments will constitute a title defect to be 107 cured within the Curative Period. 106 (d) Ingress and Egress: Seller warrants that the Property presently has ingress and egress. toe 7. PROPERTY CONDITION: Seller will deliver the Property to Buyer at the time agreed in its present "as is" 110 condition, ordinary wear and tear excepted, and will maintain the landscaping and grounds in a comparable condition. 111 Seller makes no warranties other than marketability of title. In the event that the condition of the Property has 112 materially changed since the expiration of the Due Diligence Period, Buyer may elect to terminate the Contract and 113 receive a refund of any and all deposits paid, plus interest, if applicable. By accepting the Property "as is', Buyer 114 waives all claims against Seller for any defects in the Property. (Check (a) or (b)) 11s• ❑ (a) As Is: Buyer has inspected the Property or waives any right to inspect and accepts the Property in its "as is" 116 condition. 117- Z (b) Due Diligence Period: Buyer will, at Buyer's expense and within 45 days from Effective Date ( "Due 116 Diligence Period "), determine whether the Property is suitable, in Buyer's sole and absolute discretion, for Buyer's 119 intended use and development of the Property as specified in Paragraph 6. During the Due Diligence Period, 120 Buyer may conduct any tests, analyses, surveys and investigations ( "Inspections ") which Buyer deems necessary 121 to determine to Buyer's satisfaction the Property's engineering, architectural, environmental properties; zoning and 122 zoning restrictions; flood zone designation and restrictions; subdivision regulations; soil and grade; availability of 123 access to public roads, water, and other utilities; consistency with local, state and regional growth management and 124 comprehensive land use plans; availability of permits, government approvals and licenses; compliance with 125 American with Disabilities Act; absence of asbestos, soil and ground water contamination; and other inspections 126 that Buyer deems appropriate to determine the suitability of the Property for Buyer's intended use and 127 development. Buyer will deliver written notice to Seller prior to the expiration of the Due Diligence Period of 126 Buyer's determination of whether or not the Property is acceptable. Buyer's failure to comply with this notice 129 requirement will constitute acceptance of the Property In its present "as is" condition. Seller grants to Buyer, its 130 agents, contractors and assigns, the right to enter the Property at any time during the Due Diligence Period for the 131 purpose of conducting Inspections; provided, however, that Buyer, its agents, contractors and assigns enter the 132 Property and conduct Inspections at their own risk. Buyer will indemnify and hold Seller harmless from losses, 133 damages, costs, claims and expenses of any nature, including attomeys' fees at all levels, and from liability to any 134 person, arising from the conduct of any and all inspections or any work authorized by Buyer. Buyer will not engage 135 in any activity that could result in a mechanic's lien being filed against the Property without Seller's prior written 136 consent. In the event this transaction does not close, (1) Buyer will repair all damages to the Property resulting 137 from the Inspections and return the Property to the condition it was in prior to conduct of the Inspections, and 136 (2) Buyer will, at Buyer's expense release to Seller all reports and other work generated as a result of the 139 Inspections. Should Buyer deliver timely notice that the Property is not acceptable, Seller agrees that Buyer's 140 deposit will be immediately returned to Buyer and the Contract terminated. 141 (c) Walk - through Inspection: Buyer may, on the day prior to closing or any other time mutually agreeable to the 142• Buyer L__) L__) and Seller C___) L_) acknowledge receipt of a copy of this page, which Is Page 3 of 8 Pages. CC -4 Rev. 12110 02010 Florida Association of REALTORS A9 Rights Reserved .. ... ....... .... - - - -- -- ---._.......-........._................. ............. ...... .---- ............ ----....._......._..- SerlaW 034147 - 600136 - 6748896 1 ) l l (' i I. `' 95 of 138 143 parties, conduct a final "walk- through" inspection of the Property to determine compliance with this paragraph and 144 to ensure that all Property is on the premises. 145 8. OPERATION OF PROPERTY DURING CONTRACT PERIOD: Seller will continue to operate the Property and any 146 business conducted on the Property in the manner operated prior to Contract and will take no action that would 147 adversely impact the Property, tenants, lenders or business, if any. Any changes, such as renting vacant space, that 148• materially affect the Property or Buyer's intended use of the Property will be permitted ❑ only with Buyer's consent 149• Fx without Buyer's consent. 15o 9. CLOSING PROCEDURE: Unless otherwise agreed or stated herein, closing procedure shall be in accordance with 151 the norms where the Property is located. 162 (a) Possession and Occupancy: Seller will deliver possession and occupancy of the Property to Buyer at 153 closing. Seller will provide keys, remote controls, and any security /access codes necessary to operate all locks, 154 mailboxes, and security systems. 155 (b) Costs: Buyer will pay Buyer's attorneys' fees, taxes and recording fees on notes, mortgages and financing 156 statements and recording fees for the deed. Seller will pay Seller's attorneys' fees, taxes on the deed and 157 recording fees for documents needed to cure title defects. If Seller is obligated to discharge any encumbrance at or 158 prior to closing and fails to do so, Buyer may use purchase proceeds to satisfy the encumbrances. 159 (c) Documents: Seller will provide the deed; bill of sale; mechanic's lien affidavit; originals of those assignable 160 service and maintenance contracts that will be assumed by Buyer after the Closing Date and letters to each 161 service contractor from Seller advising each of them of the sale of the Property and, if applicable, the transfer of its 162 contract, and any assignable warranties or guarantees received or held by Seller from any manufacturer, 163 contractor, subcontractor, or material supplier In connection with the Property; current copies of the condominium 164 documents, if applicable; assignments of leases, updated rent roll; tenant and lender estoppels letters; tenant 165 subordination, non - disturbance and attornment agreements (SNDAs) required by the Buyer or Buyer's lender; 166 assignments of permits and licenses; corrective instruments; and letters notifying tenants of the change in 167 ownership /rental agent. If any tenant refuses to execute an estoppels letter, Seller will certify that information 168 regarding the tenant's lease is correct. if Seller is an entity, Seller will deliver a resolution of its Board of Directors 169 authorizing the sale and delivery of the deed and certification by the appropriate party certifying the resolution and 170 setting forth facts showing the conveyance conforms to the requirements of local law. Seller will transfer security 171 deposits to Buyer. Buyer will provide the closing statement, mortgages and notes, security agreements, and 172 financing statements. 173 (d) Taxes and Prorations: Real estate taxes, personal property taxes on any tangible personal property, bond 174 payments assumed by Buyer, interest, rents (based on actual collected rents), association dues, insurance 176 premiums acceptable to Buyer, and operating expenses will be prorated through the day before closing. If the 176 amount of taxes for the current year cannot be ascertained, rates for the previous year will be used with due 177 allowance being made for improvements and exemptions. Any tax proration based on an estimate will, at request 178 of either party, be readjusted upon receipt of current year's tax bill; this provision will survive closing. 179 (e) Special Assessment Liens: Certified, confirmed, and ratified special assessment liens as of the Closing Date 180 will be paid by Seller. If a certified, confirmed, and ratified special assessment is payable in installments, Seller will 181 pay all installments due and payable on or before the Closing Date, with any installment for any period extending 182 beyond the Closing Date prorated, and Buyer will assume all installments that become due and payable after the 183 Closing Date. Buyer will be responsible for all assessments of any kind which become due and owing after Closing 184 Date, unless an improvement is substantially completed as of Closing Date. if an improvement is substantially 185 completed as of the Closing Date but has not resulted in a lien before closing, Seller will pay the amount of the last 166 estimate of the assessment. This subsection applies to special assessment liens imposed by a public body and 187 does not apply to condominium association special assessments. 188 (f) Foreign Investment in Real Property Tax Act (FIRPTA): If Seller is a "foreign person" as defined by FIRPTA, 189 Seller and Buyer agree to comply with Section 1445 of the Internal Revenue Code. Seller and Buyer will 190 complete, execute, and deliver as directed any instrument, affidavit, or statement reasonably necessary to comply 191 with the FIRPTA requirements, including delivery of their respective federal taxpayer identification numbers or 192* Buyer (__) (_) and Seller (,_) (_--) acknowledge receipt of a copy of this page, which is Page 4 of 8 Pages, CC -4 Rev. 12110 02010 Florida Assoclatlon of REALTORS* All Rights Reserved _1.1 .... .......... ... .... ._- ._..-11...___ 11... . ...... 111...- ................- SerlaW. 034147.6001.8748898 Col-11 1 S i 1111.)1 I c i (y 96 of 138 193 Social Security Numbers to the closing agent. if Buyer does not pay sufficient cash at closing to meet the 194 withholding requirement, Seller will deliver to Buyer at closing the additional cash necessary to satisfy the 195 requirement. 19e 10. ESCROW AGENT: Seller and Buyer authorize Escrow Agent or Closing Agent (collectively 'Agent ") to 197 receive, deposit, and hold funds and other property in escrow and, subject to collection, disburse them in accordance tae with the terms of this Contract. The parties agree that Agent will not be liable to any person for misdelivery of 199 escrowed items to Seller or Buyer, unless the misdelivery is due to Agent's willful breach of this Contract or gross Zoo negligence. If Agent has doubt as to Agent's duties or obligations under this Contract, Agent may, at Agent's option, 201 (a) hold the escrowed items until the parties mutually agree to its disbursement or until a court of competent 202 jurisdiction or arbitrator determines the rights of the parties or (b) deposit the escrowed items with the clerk of 203 the court having jurisdiction over the matter and file an action in interpieader. Upon notifying the parties of such action, 2o4 Agent will be released from all liability except for the duty to account for items previously delivered out of escrow. If 2os Agent is a licensed real estate broker, Agent will comply with Chapter 475, Florida Statutes. In any suit in which Agent Zoe interpleads the escrowed items or is made a party because of acting as Agent hereunder, Agent will recover 207 reasonable attorney's fees and costs incurred, with these amounts to be paid from and out of the escrowed items and Zoe charged and awarded as court costs in favor of the prevailing party. 209 11. CURE PERIOD: Prior to any claim for default being made, a party will have an opportunity to cure any alleged 210 default. If a party fails to comply with any provision of this Contract, the other party will deliver written notice to the non- 211- complying party specifying the non - compliance. The non - complying party will have 5 days (5 days if left blank) after 212 delivery of such notice to cure the non - compliance. Notice and cure shall not apply to failure to close. 213 12. RETURN OF DEPOSIT: Unless otherwise specified in the Contract, in the event any condition of this Contract is 214 not met and Buyer has timely given any required notice regarding the condition having not been met, Buyer's deposit 215 will be returned in accordance with applicable Florida Laws and regulations. 216 13. DEFAULT: 217 (a) In the event the sale is not closed due to any default or failure on the part of Seiler other than failure to make 218 the title marketable after diligent effort, Buyer may either (1) receive a refund of Buyer's deposit(s) or (2) seek 219 specific performance. If Buyer elects a deposit refund, Seller will be liable to Broker for the full amount of the 220 brokerage fee. 221 (b) In the event the sale is not closed due to any default or failure on the part of Buyer, Seller may either (1) retain 222 all deposit(s) paid or agreed to be paid by Buyer as agreed upon liquidated damages, consideration for the 223 execution of this Contract, and in full settlement of any claims, upon which this Contract will terminate or (2) seek 224 specific performance. If Seller retains the deposit, Seller will pay the Brokers named in Paragraph 20 fifty percent 225 of all forfeited deposits retained by Seller (to be split equally among the Brokers) up to the full amount of the 226 brokerage fee. If Buyer fails to timely place a deposit as required by this Contract, Seller may either (1) terminate 227 the Contract and seek the remedy outlined in this subparagraph or (2) proceed with the Contract without waiving 226 any remedy for Buyer's default. 229 14. ATTORNEY'S FEES AND COSTS:ln any claim or controversy arising out of or relating to this Contract, the 230 prevailing party, which for purposes of this provision will include Buyer, Seller and Broker, will be awarded reasonable 231 attorneys' fees, costs, and expenses. 232 15. NOTICES: Ail notices will be in writing and may be delivered by mail, overnight courier, personal delivery, or 233 electronic means. Parties agree to send all notices to addresses specified on the signature page(s). Any notice, 234 document, or Item given by or delivered to an attorney or real estate licensee (including a transaction broker) 23s representing a party will be as effective as if given by or delivered to that party. 236 16. DISCLOSURES: 237 (a) Commercial Real Estate Sales Commission Lien Act: The Florida Commercial Real Estate Sales 238 Commission Lien Act provides that a broker has a lien upon the owner's net proceeds from the sale of commercial 239 real estate for any commission earned by the broker under a brokerage agreement. The lien upon the owner's net 240• Buyer (_, (_ and Seller (_� (_, acknowledge receipt of a copy of this page, which is Page 5 of 8 Pages. CG4 Rev. 17310 02010 FloridaAssoda6on of REALTORS* AM Rights Reserved .............. Sedalt 034147.600136.6748898 ('i 1 r i t i `i 1111 ) j 1(.' 11 y 97 of 138 241 proceeds is a lien upon personal property which attaches to the owner's net proceeds and does not attach to any 242 interest in real property. This lien right cannot be waived before the commission is earned. 243 (b) Special Assessment Liens Imposed by Public Body: The Property may be subject to unpaid special 244 assessment lien(s) imposed by a public body. (A public body includes a Community Development District.) Such 245 liens, if any, shall be paid as set forth in Paragraph 9(e). 246 (c) Radon Gas: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in 247 sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that 248 exceed federal and state guidelines have been found irrbuildings in Florida. Additional information regarding radon 249 and radon testing may be obtained from your county public health unit. 250 (d) Energy - Efficiency Rating Information: Buyer acknowledges receipt of the information brochure required by 251 Section 553.996, Florida Statutes, 2,52 17. RiSK OF LOSS: 253 (a) if, after the Effective Date and before closing, the Property is damaged by fire or other casualty, Seller will bear 254 the risk of loss and Buyer may cancel this Contract without liability and the deposit(s) will be returned to Buyer. 255 Alternatively, Buyer will have the option of purchasing the Property at the agreed upon purchase price and Seller 256 will credit the deductible, if any and transfer to Buyer at closing any Insurance proceeds, or Seller's claim to any 257 insurance proceeds payable for the damage. Seller will cooperate with and assist Buyer in collecting any such 258 proceeds. Seller shall not settle any insurance claim for damage caused by casualty without the consent of the 259 Buyer. 260 (b) If, after the Effective Date and before closing, any part of the Property is taken in condemnation or under the 261 right of eminent domain, or proceedings for such taking will be pending or threatened, Buyer may cancel this 262 Contract without liability and the deposit(s) will be returned to Buyer. Alternatively, Buyer will have the option of 263 purchasing what is left of the Property at the agreed upon purchase price and Seller will transfer to the Buyer at 264 closing the proceeds of any award, or Seller's claim to any award payable for the taking. Seller will cooperate with 285 and assist Buyer in collecting any such award. 266.18. ASSIGNABILITY; PERSONS BOUND: This Contract may be assigned to a related entity, and otherwise ❑x is 267- not assignable❑ is assignable. If this Contract may be assigned, Buyer shall deliver a copy of the assignment 26s agreement to the Seller at least 5 days prior to Closing. The terms "Buyer," "Seller" and "Broker° may be singular or 269 plural. This Contract is binding upon Buyer, Seller and their heirs, personal representatives, successors and assigns 270 (if assignment is permitted). 271 18. MISCELLANEOUS: The terms of this Contract constitute the entire agreement between Buyer and Seller. 272 Modifications of this Contract will not be binding unless in writing, signed and delivered by the party to be bound. 273 Signatures, initials, documents referenced in this Contract, counterparts and written modifications communicated 274 electronically or on paper will be acceptable for all purposes, including delivery, and will be binding. Handwritten or 275 typewritten terms inserted in or attached to this Contract prevail over preprinted terms. If any provision of this Contract 276 is or becomes invalid or unenforceable, all remaining provisions will continue to be fully effective. This Contract will be 277 construed under Florida law and will not be recorded in any public records. 276 20. BROKERS: Neither Seller nor Buyer has used the services of, or for any other reason owes compensation to, 279 a licensed real estate Broker other than: 260• (a) Seller's Broker: RE/MAX CROWN REALTY DAVID JAMAR 281 (Company Name Licensee 262. 1603 US HWY 1, SEBASTIAN, FL 32958 772- 589 -3054 772 - 589 -75575 DAVIDJAMAR @BELLSOU 283 (Address, Telephone, Fax, E -mail) 284• who ❑ is a single agent El is a transaction broker ❑ has no brokerage relationship and who will be compensated 285' by0 Seller[] Buyer[] both parties pursuant toZ a listing agreement El other (specify) 286' 287' Buyer L--- ) (_) and Seller (____) L__) acknowledge receipt of a copy of this page, which Is Page 6 of 8 Pages. CC-4 Rev. 12110 02010 Florida Association of REALTORS° All Rights Reserved ..........................__.. .... - ..................._.._.... —.__... ............. ................ .. .. ........_......_... .... .......... . ... ...... ............... SedaW.. 034147.800138- 6748898 O t -1 I I Si 1 i 1 I )) i c i i. Y 98 of 138 zee' (b) Buyer's Broker: RE /MAX CROWN REALTY JOHN KING , 289 (Company Name) (Licensee) 290' 1603 US HWY 1, SEBASTIAN, FL 32958 7720- 589 -3054 772 - 589 -7557 JKING @REALTYKING.CQ 291 (Address, Telephone, Fax, E -mail) 292• who ❑is a single agent ❑ is a transaction broker❑ has no brokerage relationship and who will be compensated 283' by❑x Seller's Broker ❑Seller❑ Buyer ❑both parties pursuant to ❑an MLS offer of compensation ❑ other (specify) 294` 295 (collectively referred to as "Broker) in connection with any act relating to the Property, including but not limited to 296 inquiries, introductions, consultations, and negotiations resulting in this transaction. Seller and Buyer agree to 297 indemnify and hold Broker harmless from and against losses, damages, costs and expenses of any kind, including 296 reasonable attorneys' fees at all levels, and from liability to any person, arising from (1) compensation claimed which is 299 inconsistent with the representation in this Paragraph, (2) enforcement action to collect a brokerage fee pursuant to 300 Paragraph 10, (3) any duty accepted by Broker at the request of Seller or Buyer, which is beyond the scope of 3o1 services regulated by Chapter 475, Florida Statutes, as amended, or (4) recommendations of or services provided and 302 expenses incurred by any third party whom Broker refers, recommends, or retains for or on behalf of Seller or Buyer. 303 21. OPTIONAL CLAUSES: (Check if any of the following clauses are applicable and are attached as an addendum to 304 this Contract): 3as' ❑ Arbitration ❑ Seller Warranty ❑ Existing Mortgage 3a6' ❑ Section 1031 Exchange ❑ Coastal Construction Control Line ❑ Buyer's Attorney Approval 307' ❑ Property Inspection and Repair ❑ Flood Area Hazard Zone ❑ Seller's Attorney Approval 308' ❑ Seller Representations ❑ Seller Financing Other 3o9 22. ADDITIONAL TERMS: 310• CLOSING SHALL TAKE PLACE 60 DAYS FROM END OF DUE DILIGENCE. 311• CONTINGENT UPON CITY COUNCIL, APPROVAL. 312' - 4-7) 313' 314' 316' 316` 317' 318' 319' 320' 321 THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE 322 ADVICE OF AN ATTORNEY PRIOR TO SIGNING. BROKER ADVISES BUYER AND SELLER TO VERIFY ALL 323 FACTS AND REPRESENTATIONS THAT ARE IMPORTANT TO THEM AND TO CONSULT AN APPROPRIATE 324 PROFESSIONAL FOR LEGAL ADVICE (FOR EXAMPLE, INTERPRETING CONTRACTS, DETERMINING THE 32s EFFECT OF LAWS ON THE PROPERTY AND TRANSACTION, STATUS OF TITLE, FOREIGN INVESTOR 328 REPORTING REQUIREMENTS, ETC.) AND FOR TAX, PROPERTY CONDITION, ENVIRONMENTAL AND OTHER 327 ADVICE. BUYER ACKNOWLEDGES THAT BROKER DOES NOT OCCUPY THE PROPERTY AND THAT ALL 32e REPRESENTATIONS (ORAL, WRITTEN OR OTHERWISE) BY BROKER ARE BASED ON SELLER 329 REPRESENTATIONS OR PUBLIC RECORDS UNLESS BROKER INDICATES PERSONAL VERIFICATION OF 33o THE REPRESENTATION. BUYER AGREES TO RELY SOLELY ON SELLER, PROFESSIONAL INSPECTORS 331 AND GOVERNMENTAL AGENCIES FOR VERIFICATION OF THE PROPERTY CONDITION, SQUARE FOOTAGE 332 AND FACTS THAT MATERIALLY AFFECT PROPERTY VALUE. 333' Buyer( ) i__) and Seller ( ) i___j acknowledge receipt of a copy of this page, which is Page 7 of 8 Pages. CC-4 Rev. 12110 02010 Florida Assodallon of REALTORS* All Rights Reserved Sedetk: 034147.600138.8748898 f• {) I Il l �) I)) O)) L I I `r 99 of 138 334 Each person signing this Contract on behalf of a party that Is a business entity represents and warrants to the other 335 party that such signatory has full power and authority to enter into and perform this Contract in accordance with its 336 term and ch person executing this Contract and other documents on behalf of such party has been duly authorized 337 338• 'f , �t ---� Date: 339 C) ASTIAN 340. CiTY OF SEBASTIAN Tax ID No: 341 (Typed or Printed Name of Buyer) 342• Title: C c y H e'N r!A6 t< 343' 344 345' 346 (Typed or Printed Name of Buyer) 347' Title: 348• Buyer's Address for purpose of notice: 349' Facsimile: 350' 351 CHARMAIN RALLIS 352. CHARMAIN RALLIS 353 (Typed or Printed Name of Seller) 354• Title: 355' 356 357' 35B (Typed or Printed Name of Seller) 359-Title: 36o- Seller's Address for purpose of notice: 3s1' Facsimile: Telephone: � 2 � 366 8400 C � Date: Tax ID No: Telephone: Email: Date: Tax ID No: Telephone: Date: Tax ID No: Telephone: Email: The Florida Association of REALTORS' makes no representation as to the legal validity or adequacy of any provision of this form in any specific transaction. This standardized form should not be used in complex transactions or with extensive riders or additions. This form is available for use by the entire real estate Industry and is not intended to Identify the user as a REALTOR°. REALTOR' is a registered collective membership mark whkh may be used only by real estate licensees who are members of the NATIONAL ASSOCIATION OF REALTORS* and who subscribe to Its Cade of Ethics. The copyright laws of the United States (17 U.S. Code) forbid the unauthorized reproduction of this form by any means including facsimile or computerized forms. 362• Buyer L_) L_j and Seller L_) L_) acknowledge receipt of a copy of this page, which is Page 8 of 8 Pages. CCA Rev. 12!10 02010 Florida Association of REALTORS* All Rights Reserved Waft 034147.900136. 6748898 ......... ._ ...... .- .. ...... ..... - ......... (i)rt)i5it)Ip]ic,ilIV 100 of 138 att or SEASTIM HOME OF PEUCM ISLAND AGENDA TRANSMITTAL Subject: Agenda No. IZG -13.01 1 922 Rose Arbor Drive Donation Department Origin: City Manager + Administrative S Ap rove r Submittal by: City Attorney City Clerk: i er, ity Manager Date Submitted: 2 MAY 13 For Agenda Of: 8 MAY 13 Exhibits: EXPENDITURE REQUIRED: AMOUNT BUDGETED: APPROPRIATION REQUIRED: $457.50 $0 $0 SUMMARY Attorney Marc Bernstein, representing the Marshall A. Licht Trust, has contacted the City of Sebastian wishing to donate their property at 922 Rose Arbor. This family resides in California and has no interest in the undeveloped residential parcel. They also need to settle a property sale to move forward with closing issues associated with the trust. 922 Rose Arbor is generally a typical Highlands lot. However, it is located immediately next to the Garden Park Lake (off Barber Street) and the lake covers the southwestern corner of the lot; essentially rendering it less than useful for building. The lot does have public value, as it is adjacent to the park and will help address any concerns that FDEP or SJRWMD may have with respect to wetland mitigation. The City is in the best position to manage and conserve this area and we do not foresee this property becoming a maintenance burden. At this time there are a few costs associated with acquiring the lot. First, the Seller has requested that the City pay for the transaction fees ($457.50). Second, at the time of this writing, Seller and Buyer have not discussed payment of the outstanding taxes ($291.11) and 2013 taxes. Third, a title search is not yet complete to discover potential liens. RECOMMENDATION Accept donation of 922 Rose Arbor and authorize the City Manager to execute the Land Contract as long as fees and taxes do not exceed a total of $1,500. 101 of 138 Indian River County, Florida Property Appraiser - Map Map Parcel Basemap i r Parcels ay F TieBar Lines r Platted Lot Lines r Base Lines r Govt Lot Labels r Subdivisions r TRS Index F Dimensions 1 F Dimensions 2 F Dimensions 3 r Parcel Lots r Blocks Page 1 of 1 "gyp _ 4 — — V i *-� , *-.m A d a=il - ,;. - " K GO Selection Zoom 313013., <: _iCNTA 971 ROSE ARBOR DR SEBASTIAN, 8624 WONDERLAND AVE LOS ANGELES, CA To MARSHALL FL 32958 90046-1453 1 teaturelpolyyon(s) se w.o 4 102 of 138 http: / /www.ircpa.orgIMap.aspx? Load = String &Todo = Find &SearchString =313 81300002223... 5/2/2013 Vacant Land Contract PARTIES AND DESCRIPTION OF PROPERTY 2' 1. SALE AND PURCHASE: Marshall A. Licht ( "Seller') 3' and City of Sebastian ( "Buyer ") 4 agree to sell and buy on the terms and conditions specified below the property ( "Property ") described as: 5' Address: 922 Rose Arbor Drive, Sebastian, FL 32958 6' Legal Description: Sebastian Highlands Sub Unit 08, Block -223, Lot -14 7' 8' 9' 10' 11' 12' including all improvements and the following additional property: 13' 14' 15 PRICE AND FINANCING 16' 2. PURCHASE PRICE: $ $0 payable by Buyer in U.S. funds as follows: 17' (a) $ $0 Deposit received (checks are subject to clearance) on by 18' for delivery to ( "Escrow Agent ") 19 Signature Name of Company 20' (Address of Escrow Agent) 21' (Phone # of Escrow Agent) 22' (b) $ $0 Additional deposit to be delivered to Escrow Agent by 23' or days from Effective Date (10 days if left blank). 24' (c) 0 Total financing (see Paragraph 3 below) (express as a dollar amount or percentage) 25' (d) $ $0 Other: 26' (e) $ $0 Balance to close (not including Buyer's closing costs, prepaid items and prorations). All funds 27 paid at closing must be paid by locally drawn cashier's check, official check or wired funds. 28' DO (complete only if purchase price will be determined based on a per unit cost instead of a fixed price) The unit 29' used to determine the purchase price is ❑ lot [:] acre [] square foot other (specify: NA $ ) 30' prorating areas of less than a full unit. The purchase price will be $ 0 per unit based on a calculation of total 31 area of the Property as certified to Buyer and Seller by a Florida - licensed surveyor in accordance with Paragraph 8(c) of this 32' Contract. The following rights of way and other areas will be excluded from the calculation: NA 33' 34' 3. CASH /FINANCING: (Check as applicable) QX (a) Buyer will pay cash for the Property with no financing contingency. 35' F_�(b) This Contract is contingent on Buyer qualifying and obtaining the commitment(s) or approval(s) specified below (the 36' "Financing ') within 0 days from Effective Date (if left blank then Closing Date or 30 days from Effective Date, whichever 37' occurs first) (the "Financing Period "). Buyer will apply for Financing within 0 days from Effective Date (5 days if left blank) 38 and will timely provide any and all credit, employment, financial and other information required by the lender. If Buyer, after 39 using diligence and good faith, cannot obtain the Financing within the Financing Period, either party may cancel this Contract 40 and Buyer's deposit(s) will be returned after Escrow Agent receives proper authorization from all interested parties. 41• n(1) New Financing: Buyer will secure a commitment for new third party financing for $ 0 or 42' 0 % of the purchase price at the prevailing interest rate and loan costs based on Buyer's creditworthiness. Buyer will 43 keep Seller and Broker fully informed of the loan application status and progress and authorizes the lender or mortgage 44 broker to disclose all such information to Seller and Broker. 45' D(2) Seller Financing: Buyer will execute a 0 first 0 second purchase money note and mortgage to Seller in the 46' amount of $ 0 , bearing annual interest at 0 % and payable as follows: NA 47' 48 The mortgage, note, and any security agreement will be in a form acceptable to Seller and will follow forms generally 49 accepted in the county where the Property is located; will provide for a late payment fee and acceleration at the mortgagee's 50' Buyer (—) ( ) andSeller ( (_) acknowledge receipt of a copy of this page, which is Page 1 of 7 Pages. Rev. 4/07 ® 2007 Florida Association of REALTORS' All Rights Reserved Serial #: 046303. 700136 - 7335750 �-0l 103 of 138 51 option if Buyer defaults; will give Buyer the right to prepay without penalty all or part of the principal at any time(s) with 52 interest only to date of payment; will be due on conveyance or sale; will provide for release of contiguous parcels, if 53 applicable; and will require Buyer to keep liability insurance on the Property, with Seller as additional named insured. Buyer 54 authorizes Seller to obtain credit, employment and other necessary information to determine creditworthiness for the 55 financing. Seller will, within 10 days from Effective Date, give Buyer written notice of whether or not Seller will make the loan. 56' ❑(3) Mortgage Assumption: Buyer will take title subject to and assume and pay existing first mortgage to NA 57• NA 58• LN# NA in the approximate amount of $ NA currently pa able at 59" $ NA per month including principal, interest, n taxes and insurance and having a ❑ fixed ] other 60' (describe) NA 61 interest rate of 0 %which ❑ will ❑ will not escalate upon assumption. Any variance in the mortgage will be 62 adjusted in the balance due at closing with no adjustment to purchase price. Buyer will purchase Seller's escrow 63" account dollar for dollar. If the lender disapproves Buyer, or the interest rate upon transfer exceeds 0 % or the 64' assumption /transfer fee exceeds $ 0 . either party may elect to pay the excess, failing which this agreement 65 will terminate and Buyer's deposit(s) will be returned. 66 CLOSING 67 4. CLOSING DATE; OCCUPANCY: This Contract will be closed and the deed and possession delivered on May 31 68' 2013 ( "Closing Date "). Unless the Closing Date is specifically extended by the Buyer and Seller or by any other provision in this 69 Contract, the Closing Date shall prevail over all other time periods including, but not limited to, financing and feasibility study 70 periods. If on Closing Date insurance underwriting is suspended, Buyer may postpone closing up to 5 days after the insurance 71 suspension is lifted. If this transaction does not close for any reason, Buyer will immediately return all Seller- provided title 72 evidence, surveys, association documents and other items. 73 5. CLOSING PROCEDURE; COSTS: Closing will take place in the county where the Property is located and may be conducted by 74 mail or electronic means. If title insurance insures Buyer for title defects arising between the title binder effective date and 75 recording of Buyer's deed, closing agent will disburse at closing the net sale proceeds to Seller (in local cashier's checks if Seller 76 requests in writing at least 5 days prior to closing) and brokerage fees to Broker as per Paragraph 17. In addition to other expenses 77 provided in this Contract, Seller and Buyer will pay the costs indicated below. 78 (a) Seller Costs: 79 Taxes on the deed so Recording fees for documents needed to cure title 81 Title evidence (if applicable under Paragraph 8) 82' Other: Seller shall have no closing cost 83 (b) Buyer Costs: 84 Taxes and recording fees on notes and mortgages 85 Recording fees on the deed and financing statements 86 Loan expenses 87 Lender's title policy at the simultaneous issue rate 88 Inspections 89 Survey and sketch 90 Insurance 91' Other: Title Policy and Documentary Stamps for transfer 92 (c) Title Evidence and Insurance: Check (1) or (2): 93* ❑x (1) The title evidence will be a Paragraph 8(a)(1) owner's title insurance commitment.❑ Seller will select the title agent and 94' will pay for the owner's title policy, search, examination and related charges or Z Buyer will select the title agent and pay for 9s" the owner's title policy, search, examination and related charges or ❑ Buyer will select the title agent and Seller will pay for 96 the owner's title policy, search, examination and related charges. 97' ❑(2) Seller will provide an abstract as specified in Paragraph 8(a)(2) as title evidence. ❑ Seller ❑ Buyer will pay for the 98 owner's title policy and select the title agent. Seller will pay fees for title searches prior to closing, including tax search and 99 lien search fees, and Buyer will pay fees for title searches after closing (if any), title examination fees and closing fees. 100 (d) Prorations: The following items will be made current and prorated as of the day before Closing Date: real estate taxes, 101 interest, bonds, assessments, leases and other Property expenses and revenues. If taxes and assessments for the current year 102 cannot be determined, the previous year's rates will be used with adjustment for any exemptions. PROPERTY TAX 103 DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT PROPERTY TAXES AS THE AMOUNT OF 104 PROPERTY TAXES THAT BUYER MAY BE OBLIGATED TO PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF 105 OWNERSHIP OR PROPERTY IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER 106 PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE COUNTY PROPERTY APPRAISER'S 107 OFFICE FOR FURTHER INFORMATION. 108 (e) Special Assessment by Public Body: Regarding special assessments imposed by a public body, Seller will pay (i) the full 109 amount of liens that are certified, confirmed and ratified before closing and (ii) the amount of the last estimate of the assessment iio, Buyer () () and Seller ( ) ( ) acknowledge receipt of a copy of this page, which is Page 2 of 7 Pages. Rev.4 /07 © 2007 Florida Association of REALTORS* All Rights Reserved Serial #: 048303- 700136- 7335750 104 of 138 Ill if an improvement is substantially completed as of Effective Date but has not resulted in a lien before closing, and Buyer will 112* pay all other amounts. If special assessments may be paid in installments ❑x Buyer ❑ Seller (if left blank, Buyer) shall pay 113 installments due after closing. If Seller is checked, Seller will pay the assessment in full prior to or at the time of closing. Public 114 body does not include a Homeowner Association or Condominium Association. 115 (f) Tax Withholding: If Seller is a "foreign person" as defined by FIRPTA, Section 1445 of the Internal Revenue Code requires 116 Buyer to withhold 10% of the amount realized by the Seller on the transfer and remit the withheld amount to the Internal 117 Revenue Service (IRS) unless an exemption applies. The primary exemptions are (1) Seller provides Buyer with an affidavit 118 that Seller is not a "foreign person ", (2) Seller provides Buyer with a Withholding Certificate providing for reduced or 119 eliminated withholding, or (3) the gross sales price is $300,000 or less, Buyer is an individual who purchases the Property to 120 use as a residence, and Buyer or a member of Buyer's family has definite plans to reside at the Property for at least 50% of the 121 number of days the Property is in use during each of the first two 12 month periods after transfer. The IRS requires Buyer and 122 Seller to have a U.S. federal taxpayer identification number ("TIN "). Buyer and Seller agree to execute and deliver as directed 123 any instrument, affidavit or statement reasonably necessary to comply with FIRPTA requirements including applying for a TIN 124 within 3 days from Effective Date and delivering their respective TIN or Social Security numbers to the Closing Agent. If Seller 125 applies for a withholding certificate but the application is still pending as of closing, Buyer will place the 10% tax in escrow at 126 Seller's expense to be disbursed in accordance with the final determination of the IRS, provided Seller so requests and gives 127 Buyer notice of the pending application in accordance with Section 1445. If Buyer does not pay sufficient cash at closing to 128 meet the withholding requirement, Seller will deliver to Buyer at closing the additional cash necessary to satisfy the 129 requirement. Buyer will timely disburse the funds to the IRS and provide Seller with copies of the tax forms and receipts. 130 (g) 1031 Exchange: If either Seller or Buyer wishes to enter into a like -kind exchange (either simultaneously with closing or 131 after) under Section 1031 of the Internal Revenue Code ( "Exchange "), the other party will cooperate in all reasonable respects to 132 effectuate the Exchange including executing documents; provided, however, that the cooperating party will incur no liability or 133 cost related to the Exchange and that the closing shall not be contingent upon, extended or delayed by the Exchange. 134 PROPERTY CONDITION 135 6. LAND USE: Seller will deliver the Property to Buyer at the time agreed in its present "as is" condition, with conditions 136 resulting from Buyer's Inspections and casualty damage, if any, excepted. Seller will maintain the landscaping and grounds in 137 a comparable condition and will not engage in or permit any activity that would materially alter the Property's condition without 138 the Buyer's prior written consent. 139 (a) Flood Zone: Buyer is advised to verify by survey, with the lender and with appropriate government agencies which flood 140 zone the Property is in, whether flood insurance is required and what restrictions apply to improving the Property and 141 rebuilding in the event of casualty. 142 (b) Government Regulation: Buyer is advised that changes in government regulations and levels of service which affect 143 Buyer's intended use of the Property will not be grounds for canceling this Contract if the Feasibility Study Period has expired 144 or if Buyer has checked choice (c)(2) below. 145 (c) Inspections: (check (1) or (2) below) 146• ❑(1) Feasibility Study: Buyer will, at Buyer's expense and within 0 days from Effective Date ( "Feasibility Study 147- Period "), determine whether the Property is suitable, in Buyer's sole and absolute discretion, for NA 148• use. During the Feasibility Study Period, Buyer may conduct a Phase I environmental 149 assessment and any other tests, analyses, surveys and investigations ( "Inspections ") that Buyer deems necessary to 150 determine to Buyer's satisfaction the Property's engineering, architectural and environmental properties; zoning and 151 zoning restrictions; subdivision statutes; soil and grade; availability of access to public roads, water, and other utilities; 152 consistency with local, state and regional growth management plans; availability of permits, government approvals, and 153 licenses; and other Inspections that Buyer deems appropriate to determine the Property's suitability for the Buyer's 154 intended use. If the Property must be rezoned, Buyer will obtain the rezoning from the appropriate government agencies. 155 Seller will sign all documents Buyer is required to file in connection with development or rezoning approvals. 156 Seller gives Buyer, its agents, contractors and assigns, the right to enter the Property at any time during the Feasibility 157 Study Period for the purpose of conducting Inspections; provided, however, that Buyer, its agents, contractors and 158 assigns enter the Property and conduct Inspections at their own risk. Buyer will indemnify and hold Seller harmless 159 from losses, damages, costs, claims and expenses of any nature, including attorneys' fees, expenses and liability 160 incurred in application for rezoning or related proceedings, and from liability to any person, arising from the conduct of 161 any and all Inspections or any work authorized by Buyer. Buyer will not engage in any activity that could result in a 162 construction lien being filed against the Property without Seller's prior written consent. If this transaction does not 163 close, Buyer will, at Buyer's expense, (1) repair all damages to the Property resulting from the Inspections and return 164 the Property to the condition it was in prior to conduct of the Inspections, and (2) release to Seller all reports and other 165 work generated as a result of the Inspections. 166 Buyer will deliver written notice to Seller prior to the expiration of the Feasibility Study Period of Buyer's determination of 167 whether or not the Property is acceptable. Buyer's failure to comply with this notice requirement will constitute acceptance 168 of the Property as suitable for Buyer's intended use in its "as is" condition. If the Property is unacceptable to Buyer and 169 written notice of this fact is timely delivered to Seller, this Contract will be deemed terminated as of the day after the 170 Feasibility Study period ends and Buyer's deposit(s) will be returned after Escrow Agent receives proper authorization from 171 all interested parties. 172• Z (2) No Feasibility Study: Buyer is satisfied that the Property is suitable for Buyer's purposes, including being 173 satisfied that either public sewerage and water are available to the Property or the Property will be approved for the 174^ Buyer ( ) ( ) and Seller () ( ) acknowledge receipt of a copy of this page, which is Page 3 of 7 Pages. Rev. 4/07 O 2007 Florida Association of REALTORS* All Rights Reserved Senal #: 048303. 700136. 7335750 105 of 138 175 installation of a well and /or private sewerage disposal system and that existing zoning and other pertinent regulations and 176 restrictions, such as subdivision or deed restrictions, concurrency, growth management and environmental conditions, are 177 acceptable to Buyer. This Contract is not contingent on Buyer conducting any further investigations. 178 (d) Subdivided Lands: If this Contract is for the purchase of subdivided lands, defined by Florida Law as "(a) Any contiguous 179 land which is divided or is proposed to be divided for the purpose of disposition into 50 or more lots, parcels, units, or interests; 180 or (b) Any land, whether contiguous or not, which is divided or proposed to be divided into 50 or more lots, parcels, units, or 181 interests which are offered as a part of a common promotional plan. ", Buyer may cancel this Contract for any reason 182 whatsoever for a period of 7 business days from the date on which Buyer executes this Contract. If Buyer elects to cancel 183 within the period provided, all funds or other property paid by Buyer will be refunded without penalty or obligation within 20 184 days of the receipt of the notice of cancellation by the developer. 185 7. RISK OF LOSS; EMINENT DOMAIN: If any portion of the Property is materially damaged by casualty before closing, or Seller 186 negotiates with a governmental authority to transfer all or part of the Property in lieu of eminent domain proceedings, or if an 187 eminent domain proceeding is initiated, Seller will promptly inform Buyer. Either party may cancel this Contract by written lab notice to the other within 10 days from Buyer's receipt of Seller's notification, failing which Buyer will close in accordance with 189 this Contract and receive all payments made by the government authority or insurance company, if any. 190 TITLE 191 8. TITLE: Seller will convey marketable title to the Property by statutory warranty deed or trustee, personal representative or 192 guardian deed as appropriate to Seller's status. 193 (a) Title Evidence: Title evidence will show legal access to the Property and marketable title of record in Seller in accordance 194 with current title standards adopted by the Florida Bar, subject only to the following title exceptions, none of which prevent t95' Buyer's intended use of the Property as Residential : covenants, easements and restrictions of 196 record; matters of plat; existing zoning and government regulations; oil, gas and mineral rights of record if there is no right of 197 entry; current taxes; mortgages that Buyer will assume; and encumbrances that Seller will discharge at or before closing. 198 Seller will deliver to Buyer Seller's choice of one of the following types of title evidence, which must be generally accepted 199 in the county where the Property is located (specify in Paragraph 5(c) the selected type). Seller will use option (1) in Palm zoo Beach County and option (2) in Miami -Dade County. 201 (1) A title insurance commitment issued by a Florida - licensed title insurer in the amount of the purchase price and subject 202 only to title exceptions set forth in this Contract and delivered no later than 2 days before Closing Date. 203 (2) An existing abstract of title from a reputable and existing abstract firm (if firm is not existing, then abstract must be 204 certified as correct by an existing firm) purporting to be an accurate synopsis of the instruments affecting title to the 205 Property recorded in the public records of the county where the Property is located and certified to Effective Date. However 206 if such an abstract is not available to Seller, then a prior owner's title policy acceptable to the proposed insurer as a base 207 for reissuance of coverage. Seller will pay for copies of all policy exceptions and an update in a format acceptable to 208 Buyer's closing agent from the policy effective date and certified to Buyer or Buyer's closing agent, together with copies of 209 all documents recited in the prior policy and in the update. If a prior policy is not available to Seller then (1) above will be 210 the title evidence. Title evidence will be delivered no later than 10 days before Closing Date. 211 (b) Title Examination: Buyer will examine the title evidence and deliver written notice to Seller, within 5 days from receipt of 212 title evidence but no later than Closing Date, of any defects that make the title unmarketable. Seller will have 30 days from 213 receipt of Buyer's notice of defects ( "Curative Period ") to cure the defects at Seller's expense. If Seller cures the defects within 214 the Curative Period, Seller will deliver written notice to Buyer and the parties will close the transaction on Closing Date or 215 within 10 days from Buyer's receipt of Seller's notice if Closing Date has passed. If Seller is unable to cure the defects within 216 the Curative Period, Seller will deliver written notice to Buyer and Buyer will, within10 days from receipt of Seller's notice, 217 either cancel this Contract or accept title with existing defects and close the transaction. 218 (c) Survey: Buyer may, prior to Closing Date and at Buyer's expense, have the Property surveyed and deliver written notice to 219 Seller, within 5 days from receipt of survey but no later than 5 days prior to closing, of any encroachments on the Property, 220 encroachments by the Property's improvements on other lands or deed restriction or zoning violations. Any such 221 encroachment or violation will be treated in the same manner as a title defect and Buyer's and Seller's obligations will be 222 determined in accordance with subparagraph (b) above. 223 (d) Coastal Construction Control Line: If any part of the Property lies seaward of the coastal construction control line as 224 defined in Section 161.053 of the Florida Statutes, Seller shall provide Buyer with an affidavit or survey as required by law 225 delineating the line's location on the Property, unless Buyer waives this requirement in writing. The Property being purchased 226 may be subject to coastal erosion and to federal, state, or local regulations that govern coastal property, including delineation 227 of the coastal construction control line, rigid coastal protection structures, beach nourishment, and the protection of marine 228 turtles. Additional information can be obtained from the Florida Department of Environmental Protection, including whether 229 there are significant erosion conditions associated with the shoreline of the Property being purchased. 230• x] Buyer waives the right to receive a CCCL affidavit or survey. 231 MISCELLANEOUS 232 9. EFFECTIVE DATE; TIME; FORCE MAJEURE: 233 (a) Effective Date: The "Effective Date" of this Contract is the date on which the last of the parties initials or signs and delivers 234 final offer or counteroffer. Time is of the essence for all provisions of this Contract. 235 (b) Time: All time periods expressed as days will be computed in business days (a "business day" is every calendar day 236 except Saturday, Sunday and national legal holidays). If any deadline falls on a Saturday, Sunday or national legal 237• Buyer () ( ) and Seller ( ) ( ) acknowledge receipt of a copy of this page, which is Page 4 of 7 Pages. Rev.4 /07 Q 2007 Florida Association of REALTORS® All Rights Reserved Serial #: 048303- 700136 - 7335750 06 Of 138 238 holiday, performance will be due the next business day. All time periods will end at 5:00 p.m. local time (meaning in the county 239 where the Property is located) of the appropriate day. 240 (c) Force Majeure: Buyer or Seller shall not be required to perform any obligation under this Contract or be liable to 241 each other for damages so long as the performance or non - performance of the obligation is delayed, caused or prevented 242 by an act of God or force majeure. An "act of God" or "force majeure" is defined as hurricanes, earthquakes, floods, fire, 243 unusual transportation delays, wars, insurrections and any other cause not reasonably within the control of the Buyer or 244 Seller and which by the exercise of due diligence the non - performing party is unable in whole or in part to prevent or 245 overcome. All time periods, including Closing Date, will be extended (not to exceed 30 days) for the period that the force 246 majeure or act of God is in place. In the event that such "act of God" or "force majeure" event continues beyond the 30 247 days in this sub - paragraph, either party may cancel the Contract by delivering written notice to the other and Buyer's 248 deposit shall be refunded. 249 10. NOTICES: All notices shall be in writing and will be delivered to the parties and Broker by mail, personal delivery or electronic 250 media. Buyer's failure to deliver timely written notice to Seller, when such notice is required by this Contract, regarding 251 any contingencies will render that contingency null and void and the Contract will be construed as if the contingency did 252 not exist. Any notice, document or item delivered to or received by an attorney or licensee (including a transaction 253 broker) representing a party will be as effective as if delivered to or by that party. 254 11. COMPLETE AGREEMENT: This Contract is the entire agreement between Buyer and Seller. Except for brokerage 255 agreements, no prior or present agreements will bind Buyer, Seller or Broker unless incorporated into this Contract. 256 Modifications of this Contract will not be binding unless in writing, signed or initialed and delivered by the party to be bound. This 257 Contract, signatures, initials, documents referenced in this Contract, counterparts and written modifications communicated 258 electronically or on paper will be acceptable for all purposes, including delivery, and will be binding. Handwritten or typewritten 259 terms inserted in or attached to this Contract prevail over preprinted terms. If any provision of this Contract is or becomes invalid 260 or unenforceable, all remaining provisions will continue to be fully effective. Buyer and Seller will use diligence and good faith in 261 performing all obligations under this Contract. This Contract will not be recorded in any public records. 262 12. ASSIGNABILITY; PERSONS BOUND: Buyer may not assign this Contract without Seller's written consent. The terms 263 "Buyer," " Seller," and "Broker" may be singular or plural. This Contract is binding on the heirs, administrators, executors, personal 264 representatives and assigns (if permitted) of Buyer, Seller and Broker. 265 DEFAULT AND DISPUTE RESOLUTION 266 13. DEFAULT: (a) Seller Default: If for any reason other than failure of Seller to make Seller's title marketable after diligent 267 effort, Seller fails, refuses or neglects to perform this Contract, Buyer may choose to receive a return of Buyer's deposit without 268 waiving the right to seek damages or to seek specific performance as per Paragraph 14. Seller will also be liable to Broker for the 269 full amount of the brokerage fee. (b) Buyer Default: If Buyer fails to perform this Contract within the time specified, including 270 timely payment of all deposits, Seller may choose to retain and collect all deposits paid and agreed to be paid as liquidated 271 damages or to seek specific performance as per Paragraph 14 ; and Broker will, upon demand, receive 50% of all deposits paid 272 and agreed to be paid (to be split equally among Brokers) up to the full amount of the brokerage fee. 273 14. DISPUTE RESOLUTION: This Contract will be construed under Florida law. All controversies, claims, and other matters in 274 question arising out of or relating to this transaction or this Contract or its breach will be settled as follows: 275 (a) Disputes concerning entitlement to deposits made and agreed to be made: Buyer and Seller will have 30 days from 276 the date conflicting demands are made to attempt to resolve the dispute through mediation. If that fails, Escrow Agent will 277 submit the dispute, if so required by Florida law, to Escrow Agent's choice of arbitration, a Florida court or the Florida Real 278 Estate Commission ( "FREC "). Buyer and Seller will be bound by any resulting award, judgment or order. A broker's obligation 279 under Chapter 475, FS and the FREC rules to timely notify the FREC of an escrow dispute and timely resolve the escrow 280 dispute through mediation, arbitration, interpleader, or an escrow disbursement order, if the broker so chooses, applies only 281 to brokers and does not apply to title companies, attorneys or other escrow companies. 282 (b) All other disputes: Buyer and Seller will have 30 days from the date a dispute arises between them to attempt to resolve 283 the matter through mediation, failing which the parties will resolve the dispute through neutral binding arbitration in the 284 county where the Property is located. The arbitrator may not alter the Contract terms or award any remedy not provided for 285 in this Contract. The award will be based on the greater weight of the evidence and will state findings of fact and the 286 contractual authority on which it is based. If the parties agree to use discovery, it will be in accordance with the Florida Rules 287 of Civil Procedure and the arbitrator will resolve all discovery - related disputes. Any disputes with a real estate licensee named 288 in Paragraph 17 will be submitted to arbitration only if the licensee's broker consents in writing to become a party to the 289 proceeding. This clause will survive closing. 290 (c) Mediation and Arbitration; Expenses: "Mediation" is a process in which parties attempt to resolve a dispute by 291 submitting it to an impartial mediator who facilitates the resolution of the dispute but who is not empowered to impose a 292 settlement on the parties. Mediation will be in accordance with the rules of the American Arbitration Association ( "AAA ") or 293 other mediator agreed on by the parties. The parties will equally divide the mediation fee, if any. "Arbitration" is a process in 294 which the parties resolve a dispute by a hearing before a neutral person who decides the matter and whose decision is 295 binding on the parties. Arbitration will be in accordance with the rules of the AAA or other arbitrator agreed on by the parties. 296 Each party to any arbitration will pay its own fees, costs and expenses, including attorneys' fees, and will equally split the 297 arbitrators' fees and administrative fees of arbitration. In a civil action to enforce an arbitration award, the prevailing party to 298 the arbitration shall be entitled to recover from the nonprevailing party reasonable attorneys' fees, costs and expenses. 299' Buyer ( ) ( ) and Seller ( ) acknowledge receipt of a copy of this page, which is Page 5 of 7 Pages. Rev.4 /07 © 2007 Florida Association of REALTORS® All Rights Reserved S e h a I #: 048303. 700136- 7335750 107 of 138 300 ESCROW AGENT AND BROKER 301 15. ESCROW AGENT: Buyer and Seller authorize Escrow Agent to receive, deposit and hold funds and other items in escrow 302 and, subject to clearance, disburse them upon proper authorization and in accordance with Florida law and the terms of this 303 Contract, including disbursing brokerage fees. The parties agree that Escrow Agent will not be liable to any person for misdelivery 304 of escrowed items to Buyer or Seller, unless the misdelivery is due to Escrow Agent's willful breach of this Contract or gross 305 negligence. If Escrow Agent interpleads the subject matter of the escrow, Escrow Agent will pay the filing fees and costs from the 306 deposit and will recover reasonable attorneys' fees and costs to be paid from the escrowed funds or equivalent and charged and 307 awarded as court costs in favor of the prevailing party. All claims against Escrow Agent will be arbitrated, so long as Escrow Agent 306 consents to arbitrate. 309 16. PROFESSIONAL ADVICE; BROKER LIABILITY: Broker advises Buyer and Seller to verify all facts and representations that are 310 important to them and to consult an appropriate professional for legal advice (for example, interpreting contracts, determining 311 the effect of laws on the Property and transaction, status of title, foreign investor reporting requirements, the effect of property 312 lying partially or totally seaward of the Coastal Construction Control Line, etc.) and for tax, property condition, environmental and 313 other specialized advice. Buyer acknowledges that Broker does not reside in the Property and that all representations (oral, 374 written or otherwise) by Broker are based on Seller representations or public records. Buyer agrees to rely solely on Seller, 315 professional inspectors and governmental agencies for verification of the Property condition and facts that materially 316 affect Property value. Buyer and Seller respectively will pay all costs and expenses, including reasonable attorneys' fees at all 317 levels, incurred by Broker and Broker's officers, directors, agents and employees in connection with or arising from Buyer's or 316 Seller's misstatement or failure to perform contractual obligations. Buyer and Seller hold harmless and release Broker and 319 Broker's officers, directors, agents and employees from all liability for loss or damage based on (1) Buyer's or Seller's 320 misstatement or failure to perform contractual obligations; (2) Broker's performance, at Buyer's and /or Seller's request, of any 321 task beyond the scope of services regulated by Chapter 475, F.S., as amended, including Broker's referral, recommendation or 322 retention of any vendor; (3) products or services provided by any vendor; and (4) expenses incurred by any vendor. Buyer and 323 Seller each assume full responsibility for selecting and compensating their respective vendors. This paragraph will not relieve 324 Broker of statutory obligations. For purposes of this paragraph, Broker will be treated as a party to this Contract. This paragraph 325 will survive closing. 326 17. BROKERS: The licensee(s) and brokerage(s) named below are collectively referred to as "Broker." Instruction to Closing 327 Agent: Seller and Buyer direct closing agent to disburse at closing the full amount of the brokerage fees as specified in separate 328 brokerage agreements with the parties and cooperative agreements between the brokers, except to the extent Broker has 329 retained such fees from the escrowed funds. In the absence of such brokerage agreements, closing agent will disburse brokerage 330 fees as indicated below. This paragraph will not be used to modify any MLS or other offer of compensation made by Seller or 331 listing broker to cooperating brokers. 332. NA NA 333` Selling Sales Associate /License No.— 334' 335' Listing Sales Associate /License No. Selling Firm /Brokerage Fee: ($ or % of Purchase Price) Listing Firm /Brokerage fee: ($ or % of Purchase Price) 336 ADDITIONAL TERMS 337. 18. ADDITIONAL TERMS: 1) This property is being donated to the City of Sebastian. The City of Sebastian shall pay for 338" all charges relating to Title Insurance Policies, Documentary Stamps, and prorated real estate taxes based on current tax 339, assessed value of $12,160. 358• Buyer ( ) ( ) and Seller ( ) acknowledge receipt of a copy of this page, which is Page 6 of 7 Pages. Rev.4 /07 © 2007 Florida Association of REALTORS' All Rights Reserved Serial #: 048303. 700136. 7335750 108 of 138 ` 376 This is intended to be a legally binding contract. If not fully understood, seek the advice of an attorney prior to signing. 377 OFFER AND ACCEPTANCE 378- (Check if applicable: ❑ Buyer received a written real property disclosure statement from Seller before making this Offer.) 379 Buyer offers to purchase the Property on the above terms and conditions. Unless this Contract is signed by Seller and a 380• copy delivered to Buyer no later than ❑ a.m. ❑ p.m. on this offer will be 381 revoked and Buyer's deposit refunded subject to clearance of funds. 382 COUNTER OFFER/ REJECTION 383- ❑ Seller counters Buyer's offer (to accept the counter offer, Buyer must sign or initial the counter offered terms and deliver a 384 copy of the acceptance to Seller. Unless otherwise stated, the time for acceptance of any counteroffers shall be 2 days from 385' the date the counter is delivered. ❑ Seller rejects Buyer's offer. 386- Date: Buyer: 387- Print name: 388• Date: Buyer:: 389- Phone: Print name: 39o. Fax: Address: 391- E -mail: 392- Date: Seller: 393' Print name: 394' Date: Seller : 395- Phone: Print name: 396- Fax: Address: 397- E -mail: 398• Effective Date: (The date on which the last party signed or initialed and delivered the final offer or counteroffer.) 399• Buyer ( ) () and Seller () ( ) acknowledge receipt of a copy of this page, which is Page 7 of 7 Pages. The Florida Association of REALTORS and local Board /Association of REALTORS make no representation as to the legal validity or adequacy of any provision of this form in any specific transaction. This standardized form should not be used in complex transactions or with extensive riders or additions. This form is available for use by the entire real estate industry and is not intended to identify the user as a REALTOR . REALTOR is a registered collective membership mark that may be used only by real estate licensees who are members of the National Association of REALTORS and who subscribe to its Code of Ethics. The copyright laws of the United States (17 U.S. Code) forbid the unauthorized reproduction of blank forms by any means including facsimile or computerized forms. Rev. 4/07 O 2007 Florida Association of REALTORS" All Rights Reserved Senal #: 048303- 700136 - 7335750 109 of 138 SFE60-m iiaw MUNICIPAL AIRPORT AGENDA TRANSMITTAL City of Sebastian, Florida Subject: Main Street /Airport Drive East Access Road Project Approved for Submittal by: Al Minner, City Manager Agenda No. 1214-1,3.0m Department Origin: Comm Director: J. Griffin f/ Finance Director: K. kiligore Admin. Services: D. Krueger City Clerk: S. Maio City Attorney: R. A. Ginsbur Date Submitted: 1 May 2013 For Agenda of: 8 May 2013 t Exhibits: 1. AID Work Order No. 1 Transmittal; 2. AID Work Order No. 2 Transmittal EXPENDITURE AMOUNT BUDGETED: APPROPRIATION REQUIRED: $124,201.76 $875,000 REQUIRED: -0- SUMMARY It has been well established that it has been the intent of Council to improve airport property for future economic development. Toward that end, on 10 October 2012, Council approved FDOT funding for the Main Street /Airport Drive East Access road improvements project. That FDOT JPA amount is $600,000. In addition, the City /Airport match is $275,000. Preliminary planning has begun on the project and the attached Work Order Transmittals reflect the CCNA approved airport consultant engineers' charges for the project. At this time, staff is requesting that Council award the design contract to AID, Inc. for the amount of $124,201.76 Please be aware that the total project estimate is $1,475,000. This amount is $600,000 over the current budget. However, the airport will be receiving a FAA entitlement grant in the amount of $600,000 once the project design is complete. Upon FAA acceptance of final design docs, staff anticipates the FAA grant award. RECOMMENDATION Approve Work Order 1 & 2 for American Infrastructure Development, Inc. 110 of 138 ■ AMERICAN INFRASTRUCTURE DEVELOPMENT, INC. April 30, 2013 Mr. Joseph Griffin Airport Manager / Economic Development Manager City of Sebastian 1225 Main Street Sebastian, FL 32958 jgriffin(a.cityofsebastian.org Subject: Sebastian Municipal Airport Maintenance Facility AID Work Order No. 1 Transmittal Dear Joe, American Infrastructure Development is pleased to submit this scope and fee associated with the subject project. We understand that the project schedule is aggressive and will work towards the goal of the Federal Aviation Administration's grant schedule. We at American Infrastructure Development, Inc. are pleased and excited to begin working with the City of Sebastian on this important Airport project. Please contact me at (407) 992 -6171 if you have any questions or require additional information regarding the project. Sincerely, Americar Infrastructure Development, Inc. Mark C. Jansen, P.E., LEED BD +C Senior Consultant American Infrastructure Development, Inc. Phone 407 - 992 -6171 Fax (813) 374 -890 618 E. South Street, Suite 500 (GAI Building) Orlando, Florida, 32801 -2986 ­to4• AMERICAN INFRASTRUCTURE DEVELOPMENT, INC. WORK ORDER NUMBER 1 AIRPORT MAINTENANCE FACILITY SEBASTIAN MUNICIPAL AIRPORT Exhibit A —Scope of Work This Exhibit A sets forth the general requirements for the performance of the various services for the project described herein. The work will be in general accordance with AID'S master agreement effective September 4, 2012. General Scope The City of Sebastian is undertaking the construction of an airport maintenance facility. American Infrastructure Development, Inc. (ENGINEER CONSULTANT) will provide the following basic and special services for this project: + Management of the project from program verification to the award of the construction contract • Survey and Geotechnical services by specialized subconsultant on the Team • Preparation of minutes of meetings • Program verification and site investigation • Design and preparation of the construction documents and technical specifications • Preparation of the Engineer's Report and construction cost estimate + Bidding and award assistance + FDOT Grant assistance. Airport Maintenance Facility The City of Sebastian, Florida desires to construct a maintenance building and related site improvements to house the Airport's golf course maintenance equipment, personnel, and chemicals at the Sebastian Municipal Airport (X26). This portion of the project consists of the preparation of a design -build RFP package to be given to Contractors who will then provide proposals, final construction documents, materials and labor to construct this facility. The construction will also encompass site work, utilities, parking, drainage and roadway(s). The scope will contain following elements: + 3,400 SF enclosed 3 -bay maintenance building with the one enclosed restroom (unisex) + 3 vehicle bays with roll -up doors + 2,600 SF covered maintenance area Page 1 of 6 Marg4 A011A '04a AMERICAN ■ INFRASTRUCTURE DEVELOPMENT, INC. * 225 SF (15'x15') separate chemical storage building with power, lighting, eye wash, roll -up door, containment curb, driveway, and water. * A washrack used to clean golf equipment (mowers, fertilizer distributors) will be investigated and designed if feasible. + Two 30' x 30' concrete pads for storage of golf course sand and mulch + Location and specifications for dumpster pad. • Location for diesel fuel tank (existing tank provided by CITY) • New roadway construction, drainage and lighting in the vicinity of the new Airport Golf Maintenance Facility. + Minimum employee parking + Municipal water supply + Force main sewer system connected to lift station + Road and associated drainage system required for SJRWMD + Conduit for underground power lines in accordance with FPL standards + Conduit for communications lines in accordance with City of Sebastian standards. City of Sebastian building and development codes will be outlined in the criteria package, as well as applicable state building codes. The project site is southeast of Hangar A, currently occupied by LoPresti Speed Merchants. The scope of this part of the project is divided into the following tasks: + Define the program of improvements; + Document the intent of the program in a Request for Proposals to interested design - build entities. + Assist in obtaining preliminary building permit review. + Complete additional site design and assist in obtaining site plan approval and St. John's River Water Management District Environmental Resource Permit. + Assist the City of Sebastian in evaluation and selection of the design -build entity. The RFP package will contain general requirements and technical specifications for the design of the project. City of Sebastian building and development codes will be outlined in the specifications, as well as applicable state building codes. PROGRAMMING AND CONCEPTUAL DESIGN Inventory of Existing Facilities ENGINEER CONSULTANT will obtain the available information from the CITY and the Airport records on existing conditions that may affect the project. Available drawings, aerial photos, planning studies, utility maps, GIS files, etc. will be obtained and reviewed. Progrannning The CITY desires to replicate the existing Airport Maintenance and Storage Facility consisting of 80' x 40' (3,200 SF) enclosed space and 20' x 60' and 20' x 80' (approx. 2,600 SF) overhang with paved concrete surface beneath the overhang. Page 2 of 6 Mar94 o21 l0 g ■ AMERICAN INFRASTRUCTURE DEVELOPMENT. INC. ENGINEER CONSULTANT will define site program parameters such as: review of current airport planning and master planning issues affecting the site; local zoning setbacks, height, and buffer requirements; site access; parking and loading requirements; handicap accessibility; landscape / tree ordinance; fire protection requirements; and utilities availability and requirements. Assumptions: • A meeting will be held with the CITY to discuss and refine the program requirements and issues. • Mechanical, Electrical, Plumbing design will not be completed for the project. Only floor plans and elevations in sufficient detail to convey the intent of the project to the building department as well as Design -Build Proposers will be produced by ENGINEER CONSULTANT. • Existing Airport Maintenance Building will be replicated and no significant deviations will be proposed by the CITY. Deliverables: • Schematic plan and elevation view of the building. • Technical Specifications — ENGINEER CONSULTANT will prepare Technical Specifications for the construction. + RFP Criteria Package Plans will consist of: + Cover Sheet + Project Layout Plans + MOT and Safety Plans + Grading, and Drainage Plans + Basic Floor Plan and Elevation .�- AM^^hanie ', Eleetrica , Plumbing Plan (Design and plans will be provided by design -build entity). + Site Paving and Grading Details and necessary sections. ENGINEER CONSULTANT will provide five (5) half -size sets of Plans, Specifications, and the Engineer's Report to the CITY and regulatory agencies for review at 60% and 100% completion. Geotechnical Investigations (Subconsultant): borings and soil testing to support the design and construction of the building areas and drainage ponds will be conducted. Conceptual Site Design This task will include preparation of general requirements for the building site, including parking, roads, utilities, including requirements package for water, sanitary sewer, site lighting, or other utilities identified. Deliverables: Page 3 of 6 Mar94 NIA ■ AMERICAN INFRASTRUCTURE DEVELOPMENT, INC. + Document describing the minimum requirements for site development. + Detailed Site plan sufficient for Planning and Zoning approval and constructible by design -build contractor. SJRWMD Permit: + SJRWMD environmental resource permit will be obtained for the project. Deliverable: + SJRWMD permit application, responses to up to two RFI's, and Site Permit. DESIGN -BUILD RFP PREPARATION AND EVALUATION An advertisement to solicit the interest of design -build entities will be prepared. Criteria for the design -build entity response and selection will be defined. This will include determining the form of agreement and general conditions for the contract, and requesting information relating to the qualifications, experience, key personnel, and proposed project schedule of the design -build entity (design firm(s), general contractor, and principal subcontractors). Qualifications will be used as part of the criteria to select the design -build entity. The package and methods used to procure the existing Maintenance Building will be relied upon heavily for guidance and replication. A package of information to document the minimum design requirements will be developed in conjunction with the Owner. This will describe the minimum requirements for Architectural (Materials and Finishes), Structural, Mechanical, Plumbing, Electrical, Communications & Information Technology, and Site Work. A proposal for the cost of design and construction will be used as part of the criteria to select the design -build entity. Definition of Allowance Items Cost allowances will be established for furnishings, equipment, and landscaping and signage for the building as required by the Owner. Allowance costs may include estimates of materials testing, field surveys, geotechnical investigations, and other non - construction costs directly attributable to the project. Procurement Phase Services A pre - proposal conference will be held to brief interested parties on the requirements of the project. If required, addenda will be issued to all interested parties to clarify the requirements of the RFP. A meeting to review and evaluate the proposals received from design -build entities will be held with the CITY representative and other interested parties. An evaluation criteria scoring sheet will be developed to compare the proposals, and to select the preferred proposal. Assumptions: Page 4 of 6 March 2013 115 of 138 .AADAMERICAN INFRASTRUCTURE DEVELOPMENT, INC. + A meeting will be held with the CITY to discuss the evaluation criteria and budgetary allowances • A pre - proposal conference will be held to present the project requirements to interested design -build entities. • A meeting will be held with the CITY to evaluate the proposals received and select the preferred respondent. Deliverables: + Advertisement for Request for Proposals (RFP). + Information package for proposers. + Addenda to clarify requirements or answer questions from proposers. + Proposal evaluation matrix. Construction Phase Services The ENGINEER CONSULTANT will review preliminary and final drawings and documents (maximum of two submittals) and provide the CITY with comments relating to the indicated design's conformance with the information stated in the RFP minimum criteria. A meeting to review information received from design -build entity will be held with the CITY. Comments will be provided in written form with reproducible drawing markups if necessary to clearly indicate the scope of the comments. ENGINEER CONSULTANT will make one site visit for the pre- construction meeting and three site visits during construction, one of which will be the punchlist inspection. Assumptions: + A meeting will be held with the CITY and the design build entity to review the preliminary documents. + No meeting is assumed at the completion of final documents. Deliverables: + Narrative comments. + Reproducible drawing markups if needed. + Record drawings of site improvements (building record drawings to be provided by D -B Entity). + Punchlist Additional Services During the preliminary design phase, a geotechnical investigation consisting of borings and soil testing will be conducted to provide data for the design and construction of the building foundations. Page 5 of 6 Margq oI#O q .AADAMERICAN INFRASTRUCTURE DEVELOPMENT, INC. Period of Services The following is a tentative schedule for this work. It is assumed that the ENGINEER CONSULTANT will continue with the design while the CITY is performing its review of each submittal to expedite the design process. Task Duration Start Finish Notice to Proceed 0 days Fri 5/10/13 Wed 4/3/13 Design Development (30 %) 15 days Fri 5/10/13 Sat 5/18/13 Contract Documents (90 %) 30 days Sat 5/18/13 Mon 6/17/13 Contract Documents (100 %) 15 days Mon 6/17/13 Tue 7/2/13 Permitting Phase 45 days Fri 5/3/13 Mon 6/17/13 Bidding 30 days Mon 6/17/13 Wed 7/17/13 Submit FAA Grant 5 days Wed 7/17/13 Mon 7/22/13 NTP for Construction 40 days Mon 7/22/13 Sat 8/31/13 Construction 180 days Sat 8/31/13 Thu 2/27/14 Page 6 of 6 March 2013 117 of 138 Golf Course Maintnenace Facility Sebastian Municipal Airport FEE SUMMARY 'Aooic• AMERICAN INFRASTRUCTURE DEVELOPMENT. INC. TASK Totals Basic Services Phase 1A - Airport Maintenance Facility Design, RFP Preparation $16,944.00 Phase 1B - Program Verification $0.00 Phase 2 - Design Development (30 %) $0.00 Phase 3A - Contract Documents (60 %) $0.00 Phase 3B - Contract Documents (90 %) $0.00 Phase 3C - Contract Documents (100 %) $0.00 Phase 4 - RFP Evaluation $4,262.00 Sub Subconsultant- Electrical Design $154.00 Phase 5 - Construction Administration Services $9,608.00 10 Total Basic Services: $30,814.00 Special Services 1 Topographic Surveys (MMR) $2,000.00 2 Geotechnical Investigations $2,000.00 3 Quality Assurance Testing $0.00 4 Aerial Photography /Mapping $0.00 5 Resident Project Representative $0.00 6 Stormwater Permitting (Included in Road Project) $0.00 7 Prepare Environmental Documentation $0.00 8 Update the ALP $154.00 9 Meeting with the FDOT $0.00 10 Grant Services (Application /Closeout) $456.00 11 Prepare Record Drawings $616.00 Total Special Services: $5,226.00 Expenses Travel $540.00 Reproduction $497.28 Permits $0.00 Total Expenses: $1,037.28 Total Fees: $37,077.28 118 of 138 4/16/2013 Page 1 of 3 Z • �W VaO Wow Z- y a o C Q ai 76 C .0 7 OJ � C 7 �p O •- U O i t7 to O O O) (D fA O O N M N fA O O O fA O O O (O lD ca fA O O O (D (O Nr EH O O co Nr N fA 0 O N O M EH O O N n L` y N O O N o S U m o `o O 12 -0 y d N J J C C 3 (O YO V LL O N 0 0 0 Q y f0 U I- F H .0 C F}- vii rna °' m 3 e rn n Naaa c', o a Q Mn m LL E m y C LL ' x . m m LL � o W cm U O 0 > 00 Z Z- O N m N U_ N U a p�p (O > () m C 0J m W O Cl) C C .� to C C 0) 0S C > 0 41 M 0 0 0 7 CO) Z Q co) �co) 002a Q N M t (O (O (D 1- Co Co O) nom. y Q 4 N O W O W (D W O (D (D N N O O M O r O O O N 00 a (D O N (D 00 O) O fA EA M O O N O h EA CD CD I- CD O O O O fA EH N O IO O N O a0 VT N CD iii I� 00 00 ((j N (O i 6e O C) - - illri00i(W0 IOICD O O O = U C d _ o 0 d o () S U mm �0 a tij 2 o w d �o ao (O O O (fl U Q O N O O m 03 V E O H 0) 0 O ,(_p w0 w � U .N.. 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April 30, 2013 Mr. Joseph Griffin Airport Manager / Economic Development Manager City of Sebastian 1225 Main Street Sebastian, FL 32958 jgriffin(a)cityofse bastian. orq Subject: Sebastian Municipal Airport — Airport Drive East Improvements AID Work Order No. 2 Transmittal Dear Joe, American Infrastructure Development is pleased to submit this scope and fee associated with the subject project. We understand that the project schedule is aggressive and will work towards the Florida Department of Transportation grant deadline schedule. On behalf of American Infrastructure Development, Inc., we thank you for the opportunity to serve the City of Sebastian. Please contact me at (407) 992 -6171 if you have any questions or require additional information regarding the project. Sincerely, America p Infrastructure Development, Inc. Mark (:'Jansen, P.E., LEED BD +C Senior Consultant American Infrastructure Development, Inc. Phone 407 - 992 -6171 Fax (813) 374 -8905 618 E. South Street, Suite 500 (GAI Building) Orlando, Florida, 32801 -2986 '41a AMERICAN • INFRASTRUCTURE DEVELOPMENT, INC. WORK ORDER NUMBER 2 AIRPORT DRIVE EAST IMPROVEMENTS SEBASTIAN MUNICIPAL AIRPORT Exhibit A —Scope of Work This Exhibit A sets forth the general requirements for the performance of the various services for the project described herein. The work will be in general accordance with AID'S master agreement effective September 4, 2012. General Scope The City of Sebastian is undertaking improvements to Airport Drive East and adjacent parcel(s). American Infrastructure Development, Inc. (ENGINEER CONSULTANT) will provide the following basic and special services for this project: + Management of the project from program verification to the award of the construction contract + Survey and Geotechnical services by specialized subconsultant on the Team + Preparation of minutes of meetings + Program verification and site investigation + Design and preparation of the construction documents and technical specifications + Preparation of the Engineer's Report and construction cost estimate + Bidding and award assistance + FAA Grant application assistance. Airport Drive East Improvements The CITY desires to improve Airport Drive East (ADE) from the intersection of Main Street to the Administration Compound. The project will be bid as a conventional design- bid -build project. The improvements will generally consist of the following items: + Resurfacing of ADE + Cost estimating and design of curb and gutter if within the project budget. + Geometric improvements to the intersection of ADE and Main Street + Geometric improvements to the intersection of ADE and Brushfoot Drive. + Improvements to the golf course cart path(s), including construction of one double - wide cart path and removal of old paths. Re- alignment and consolidation of several paths to increase safety and increase leasable land area. + Improvements to the pedestrian and golf course vehicle path crossing ADE, including traffic control devices and/or traffic calming devices near the crossing. Page 1 of 7 MarQJ83 ,.104• AMERICAN INFRASTRUCTURE DEVELOPMENT, INC. + Design of roadway lighting on the east side of the ADE to match existing fixtures in the vicinity of Hangar A ( "Whatley" fixtures). Lighting will be bid as an add alternate. + Pond at the northwest corner of ADE and Brushfoot Drive. + Relocation or construction of new fencing as necessary. + Landscaping plan for the airport entrance. The City of Sebastian will provide the following in -kind services, which will require design plans. + Demolition of the existing golf course maintenance building and appurtenances + Relocation of fill dirt east of Airport Drive (approximately 20,000 CY). + General site grading. + Preparation of the "shovel- ready" parcels with grading and drainage improvements. + Golf course pond excavation and construction. + Ditch and drainage work. + Filling and re- directing the flow of the airport east canal. + Various drainage improvements and pipe installations (City of Sebastian provided materials). + Clearing and grubbing of heavily vegetated areas. + Grading of golf course pond ditches and cart paths to facilitate maintenance vehicle access to golf course. + Rough grading of developable parcels along ADE + Improve left turn from Main Street to ADE westbound Planning: The proposed paved roadway section shall be a ditch section with a 24' paved surface, a 4.0' shoulder at 48:1, and a ditch slope no steeper than 3:1 (exact dimensions to be determined). The pavement section shall be 5" of Type 1 asphaltic concrete over 8" of coquina shell base. ENGINEER CONSULTANT shall adhere to road design standards as set forth by the Florida Department of Transportation, City of Sebastian, Indian River County, and AASHTO. Vertical profiles shall be set to adhere to drainage requirements and pavement tie ins. Consideration shall be given to excessive cut and fill slopes. Pre - Design Phase Services to be provided by ENGINEER CONSULTANT Field Surveys (Subconsultant): Control (vertical and horizontal) will be run to control all survey work. Horizontal control and elevations will be tied to available on -site benchmarks. Control points shall be set for future use in Contractor's layout. These points shall be published on the final plan set with the coordinate system and elevation. A topographic survey will be performed at a 100 -foot width in the areas necessary for the Project, or 50' to either side of the alignment. Ground features will be located including Page 2 of 7 Ma;9ti(:3QJ8 "004■ AMERICAN INFRASTRUCTURE DEVELOPMENT, INC. grade changes and ditches. Pavement edges, driveways, curb lines and existing drainage features shall also be encompassed in this survey. Above- ground utilities shall be surveyed, along with buried utilities, as available by the locator service or utility company. Topography shall be provided for a width of 200' at the pavement tie -ins. Ditches and outfall pipes shall be surveyed for a length of 100' to either side of the alignment. Top of bank and/or jurisdictional surface water flags will be surveyed as necessary. An allowance has been established for this work and will be used once existing data has been evaluated and the extents of the project has been determined. Geotechnical Investigations ( Subconsultant): borings and soil testing to support the design and construction of the roadway areas and drainage ponds will be conducted. Environmental Analysis ( Subconsultant): delineation of other surface water boundaries and other documentation of other environmental concerns will be performed by a special environmental subconsultant. Special Services In addition to the Basic Services described above, the ENGINEER CONSULTANT will provide the following special services required under this contract. Grant Services - The ENGINEER CONSULTANT will provide Pre - Application and Grant Application assistance, including the preparation of project narratives, cost estimates and the CATEX form and FAA forms, per the ADO's prescribed guidelines, to help the Airport acquire funding for the design and construction of this project. Two meetings with the Airport are anticipated for the preparation of these documents. OE/AAA Submittal - An Airspace Checklist will be prepared and submitted to the FAA via OE/AAA. This will include the submittal of the CSPP. Permitting- A Pre - Application Meeting will be held after the preliminary plan submittal with St. John's Water Management District to discuss the project and permitting requirements. The ENGINEER CONSULTANT will attend this meeting and furnish pertinent information to SJWMD for consideration. Program Verification The ENGINEER CONSULTANT will perform the following tasks under this phase: 1. Compile and review existing available information including as -built drawings, geotechnical reports, and review existing facility and its operation. . 2. Meet and coordinate with the survey and geotechnical consultant. 3. Meet and coordinate with the CITY on project issues such as design alternatives, project phasing, construction staging, budget, and schedule. One meeting is anticipated. Page 3 of 7 Ma c�Q13 100la■ AMERICAN INFRASTRUCTURE DEVELOPMENT. INC. 4. Meet and coordinate with the FAA ADO to review the project and confirm the scope of work. This may be in the form of a teleconference. 5. Prepare a construction cost estimate and a construction schedule taking into account phasing of the project. 6. Identify any additional information that will be required from field investigations or other agencies. 7. Meet and coordinate with all the stakeholders to review the scope and schedule of the project and receive input prior to the start of the design phase. This will be considered a Pre - Design meeting as required by the FAA. Deliverables: ENGINEER CONSULTANT will provide a Project Narrative Report which will include the results of the site inspections, preliminary recommendations, and minutes of the predesign meetings with the CITY and other stakeholders. Cost estimates will be included. Design Development (30 %) Following the Program Verification phase and the receipt and review of survey and geotechnical data, the ENGINEER CONSULTANT will proceed with the 30% level design and plans production. ENGINEER CONSULTANT members will visit the site to field verify the survey information and address any comments received during the Program Verification phase. One meeting is anticipated with the CITY during this phase. Specifically, the following tasks will be performed under this phase: 1. Preliminary stormwater modeling and evaluation. 2. Preliminary pavement design 3. Preliminary phasing analysis 4. Prepare 30% drawings 5. Update the construction cost estimate 6. Update the construction schedule 7. Prepare the Preliminary Engineer's Report 8. Identify any modifications to FAA standards 9. Prepare an outline of technical specifications Deliverables: The ENGINEER CONSULTANT will submit three (3) copies each of the 30% drawings in size 11 "17" and the Preliminary Engineer's Report to the Ciry for review. Upon receipt of review comments from the CITY, the ENGINEER CONSULTANT will proceed with the 90% level contract documents. Contract Documents (90 %) The ENGINEER CONSULTANT will proceed with final design of this project. Construction documents will be prepared in this phase, including finalizing the construction phasing plan. At this stage, the construction cost estimate and construction schedule will be updated and finalized and the Engineer's Report will be completed. The Project Manual, which will contain front -end documents provided by the City of Sebastian (Instructions to Bidders, Bid Forms, and Special Conditions) plus FAA General Provisions, Technical Specifications, and Page 4 of 7 Maw ?Q,;ig3 "001a AMERICAN • INFRASTRUCTURE DEVELOPMENT, INC. the geotechnical report, will also be completed. In addition, 90% construction drawings will be prepared including: + Cover Sheet + Project Site /Layout Plan + Project Survey Control Plan + Geotechnical/Boring Location Plan + Project Safety Plan (including Staging and Access Plans) + Project Phasing /Construction Sequencing Plan + General/Safety Notes Plan + Project Key Sheet + Typical Sections + Staking and Demolition Plans + Paving and Grading Plans + Pavement Marking Plans + Electrical Plans and Details Deliverables: The ENGINEER CONSULTANT will submit three (3) copies of the 90% contract documents to the CITY, two (2) copies to the FAA, and one (1) copy to FDOT for their review. The ENGINEER CONSULTANT will attend one meeting with the CITY and other stakeholders to address any final comments regarding the construction of this project. Contract Documents (100 %) Upon receipt of final comments from the CITY, FAA and other stakeholders, the ENGINEER CONSULTANT will proceed with the preparation of the bidding documents. One meeting is anticipated during this Phase. This effort includes incorporating comments by updating the construction drawings, project manual (FAA general provisions, and technical specifications), Engineer's Report, construction cost estimate, and construction schedule. The ENGINEER CONSULTANT will submit two (2) signed and sealed copies of the 100% contract documents to the CITY and provide the CITY with PDF copies of the contract documents to be used by the City of Sebastian Purchasing Department for advertising and distributing the bid and RFP packages. Bidding and Award Services This phase will include the effort necessary to receive bids from contractors and to review the bids and make a recommendation of award to the CITY and the FAA. Specifically, the following tasks will be performed by the ENGINEER CONSULTANT during this phase: + Prepare for and attend the Pre -Bid Conference by providing agenda items and making a presentation on the project scope, phasing, and schedule. + Address questions from bidders + Make revisions to contract documents and issue Addenda + Attend the Bid opening Page 5 of 7 MaQjg3 '0001a ■ AMERICAN INFRASTRUCTURE DEVELOPMENT, INC. + Review all bids for responsiveness and accuracy + Prepare Bid Tabulation Sheet(s) • Provide engineer's certified recommendation for the award of the contract • Prepare conformed construction plans and technical specifications incorporating all addenda and clarifications for delivery to County. Construction Phase Services ENGINEER CONSULTANT will provide limited Construction Administration services, including the following tasks: • Conduct site visits for progress reporting • Review and approve all submittals and shop drawings and respond to Contractor's requests for information + Review and approve Contractor's monthly pay requests • Prepare record drawings in CADD based on contractor's mark -ups and provide Engineer's Final Certifications of Completion to the SJRWMD, FDEP, and other various agencies. • Attend a final walk- through for punch list development and follow -up meeting upon completion A 180 Calendar day construction period is assumed. For project duration that is greater than this time, additional services will be negotiated. No daily on -site Owner's Authorized Representative (OAR) services will be provided unless negotiated under a separate agreement. Additional Provisions + ENGINEER CONSULTANT will provide technical specifications and special terms and conditions. Bid Documents and Contract Documents will be generated by the City of Sebastian. The City of Sebastian will reproduce and distribute the bid documents as necessary. + The CITY will provide ENGINEER CONSULTANT access to the site and all available information pertinent to this project. + Existing topography will be used. A minor amount of survey control or additional topography may be conducted for this project, as a not -to exceed amount has been identified in ENGINEER CONSULTANT's fee. Period of Services The following is a tentative schedule for this work. It is assumed that the ENGINEER CONSULTANT will continue with the design while the CITY is performing its review of each submittal to expedite the design process. Page 6 of 7 MaT5POo Y3S AMERICAN ■ INFRASTRUCTURE DEVELOPMENT, INC. Task Duration Start Finish Notice to Proceed 0 days 5/3/13 5/3/13 Design Development (30 %) 15 days Fri 5/3/13 Sat 5/18/13 Contract Documents (90 %) 30 days Sat 5/18/13 Mon 6/17/13 Contract Documents (100°/x) 15 days Mon 6/17/13 Tue 7/2/13 Permitting Phase 45 days Fri 5/3/13 Mon 6/17/13 Bidding 30 days Mon 6/17/13 Wed 7/17/13 Submit FAA Grant 5 days Wed 7/17/13 Mon 7/22/13 NTP for Construction 40 days Mon 7/22/13 Sat 8/31/13 Construction 180 days Sat 8/31/13 Thu 2/27/14 Page 7 of 7 MaTF#0p91� Airport Drive East Improvements Sebastian Municipal Airport AIRPORT DRIVE EAST FEE SUMMARY '04da• AMERICAN INFRASTRUCTURE DEVELOPMENT, INC. TASK Totals Basic Services Phase 1B - Program Verification $5,116.00 Phase 2 - Design Development (30 %) $11,753.00 Phase 3A - Contract Documents (60 %) $0.00 Phase 3B - Contract Documents (90 %) $9,171.00 Phase 3C - Contract Documents (100 %) $2,998.00 Phase 4 - Bidding and Award Services $4,958.00 Phase 5 - Construction Administration Services $14,332.00 Sub Subconsultant- Roadway Lighting Design (Hillers) $5,400.00 Total Basic Services: $48,328.00 Special Services 1 Topographic Surveys (MMR) $7,800.00 2 Geotechnical Investigations $4,000.00 3 Quality Assurance Testing $5,000.00 4 Aerial Photography /Mapping $0.00 5 Resident Project Representative $0.00 6 Stormwater Permitting $8,900.00 7 Prepare Environmental Documentation $1,248.00 8 Update the ALP $308.00 9 Meeting with the FAA $308.00 10 Grant Services (App /Quarterly /Closeout) $6,668.00 11 Prepare Record Drawings $1,292.00 Total Special Services: $35,524.00 Expenses Travel $810.00 Reproduction $1,052.48 Permits $1,410.00 Total Expenses: $3,272.48 Total Fees: $87,124.48 131 of 138 4/16/2013 Page 1 of 6 �� U • u t u~n0 W E °W t = � U O N 07 11i U � C (V O O U p C •C � a) L U) N EfT O_ C O O C .m T— a) O U) a) Ei? 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O r � N co 0 (01 0 w o 0 ----------------- i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 i i i i i i i i i i i i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 i i i i i i i i i i i i 1 1 1 1 1 1 i i i i i i i i i i i i 1 1 1 1 1 1 1 1 1 1 1 1 i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i 1 1 1 1 1 1 i i i i i i O 00 CD 00 1 1 1 N1 iii 1 1 1 I 1 1 1 1 1 1 1 1 1 i i i i i i i i i i i i 1 1 1 1 1 1 i i i i i i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 i i i i i i i i i i i i 1 1 1 1 1 1 i i i i i i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 1 1 1 1 1 i i i i i i i i i i i i 1 1 1 1 1 1 rn E c c a) c O a O V U O 3 M Q a Q EE U Q a cn O c fl Q _ Q E c!1 o a o maaa�• � a ._. c E ) a E a� m m " 7 a) a) 3Qacn�� m -0 0 v a) 0 Ef i i i i CD i i i i i i i i i i i i i i i i i i i i i i i i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 r-- T-- 1--- T--- T-- -r - - -1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 i i i i i i i 1 1 1 1 1 1 1 i i i i i i i i i i i i i i 1 1 1 1 1 1 1 i i i i i i i I0c) 1 1 1 1 1 1 1 i i i i i i i 1 I 1 1 1 1 1 1 1 1 1 1 1 1 i i i i i i i i i i i i i i i i i i i i i 1 1 1 1 1 1 1 1 1 1 1 1 I 1 �•-- T-- T-- y--- T-- -T - - -1 1 1 1 I r l 1 1 i i i i i i i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 i i i i i i i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 i i i i i i i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I C14: 1 1 1 1 1 1 1 1 1 1 1 I r l 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 i i i i i i i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 i i i i i i i i i i i i i i 1 1 1 1 1 1 1 i i i i i i i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 c 0 0 — m m cn 0 � U E >, a) c: O N M to }u E °) in N Q W N E WQ v)0 o a y cn 0 o c C m W t 3 -Op a) 0) Cl) C a) a) a) o a) m m m a a) v a0�C75a ticorn°�C14 O 0 N O It LL L 0 cliap Q1 O C7 m �y 0 ry lD U a) ,cu Q T CL cn cn m� 2 o > 7 C U a + C (a m rn d t m 0 cn ° a` to O a E c U } >, d N o .° � v v) o c a°> m > 0 ��wC70Qaf ro N N M 'KT LO d co O o O 0 o O O O O O O O cdcfl�o�O I- V) OD O OD O co O Cl) LO M Cn tq N — N 00 0 0 0 0 0 0 Q Q Q Q Q Q 00 00 06 00 O N Ne e co N T- 6'). 6'). O r � N co 0 (01 0 w o 0 ----------------- i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 i i i i i i i i i i i i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 i i i i i i i i i i i i 1 1 1 1 1 1 i i i i i i i i i i i i 1 1 1 1 1 1 1 1 1 1 1 1 i i i i i i i i i i i i i i i i i i i i i i i i i i i i i i 1 1 1 1 1 1 i i i i i i O 00 CD 00 1 1 1 N1 iii 1 1 1 I 1 1 1 1 1 1 1 1 1 i i i i i i i i i i i i 1 1 1 1 1 1 i i i i i i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 i i i i i i i i i i i i 1 1 1 1 1 1 i i i i i i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I 1 1 1 1 1 1 1 1 1 1 1 i i i i i i i i i i i i 1 1 1 1 1 1 rn E c c a) c O a O V U O 3 M Q a Q EE U Q a cn O c fl Q _ Q E c!1 o a o maaa�• � a ._. c E ) a E a� m m " 7 a) a) 3Qacn�� m -0 0 v a) 0 Ef i i i i CD i i i i i i i i i i i i i i i i i i i i i i i i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 r-- T-- 1--- T--- T-- -r - - -1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 i i i i i i i 1 1 1 1 1 1 1 i i i i i i i i i i i i i i 1 1 1 1 1 1 1 i i i i i i i I0c) 1 1 1 1 1 1 1 i i i i i i i 1 I 1 1 1 1 1 1 1 1 1 1 1 1 i i i i i i i i i i i i i i i i i i i i i 1 1 1 1 1 1 1 1 1 1 1 1 I 1 �•-- T-- T-- y--- T-- -T - - -1 1 1 1 I r l 1 1 i i i i i i i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 i i i i i i i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 i i i i i i i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I C14: 1 1 1 1 1 1 1 1 1 1 1 I r l 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 i i i i i i i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 i i i i i i i i i i i i i i 1 1 1 1 1 1 1 i i i i i i i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 c 0 0 — m m cn 0 � U E >, a) c: O N M to }u E °) in N Q W N E WQ v)0 o a y cn 0 o c C m W t 3 -Op a) 0) Cl) C a) a) a) o a) m m m a a) v a0�C75a ticorn°�C14 O 0 N O It LL L 0 cliap Q1 O C7 m �y 0 ry lD