HomeMy WebLinkAbout09-27-2023 CC AgendaSEBASTI�AN
HOME OF PELICAN ISLAND
SEBASTIAN CITY COUNCIL
REGULAR MEETING & FINAL BUDGET HEARING FOR FY22123
COMMUNITY REDEVELOPMENT AGENCY BUDGET HEARING
AGENDA
WEDNESDAY, SEPTEMBER 27, 2023 — 6:00 P.M.
CITY COUNCIL CHAMBERS
1225 MAIN STREET, SEBASTIAN, FLORIDA
ALL A GENDA ITEMS MA Y BE INSPECTED IN THE OFFICE OF THE CITY CLERK
OR ON THE CHY'S WEBSITE
1. CALL TO ORDER
2. MOMENT OF SILENCE
3. PLEDGE OF ALLEGIANCE — Led by Council Member Dodd
4. ROLL CALL
5. AGENDA MODIFICATIONS
Modifications for additions require a unanimous vote of City Council
6. PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS
Presentations of proclamations, certificates and awards, and brief timely announcements by Council
and Staff. No public input or actions under this heading.
A. Announcement — Captain Timothy Wood's Graduation from the National FBI
Academy
B. Presentation — United Way of Indian River County CEO Meredith Egan,
Dr. Katie Nall
BriefAnnouncements:
October 10 — Voter Registration Deadline
October 19 -- Sebastian Police Department's Community Night Out in Riverview Park —
5pm to 7:30pm
October 26 — Last Day to Request Vote -by -Mail Ballot
October 2 7 — City of Sebastian and the Sebastian Police Department
Halloween Celebration at Riverview Park
Contest Registration Begins at 5:30pm
Trunk or Treat Begins at 5:30pm
Costume Contest Begins at 6:15pm
Movie Night Out -- Hotel Transylvania Begins at 7:15pm
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7. RECESS CITY COUNCIL MEETING AND CONVENE AS COMMUNITY
REDEVELOPMENT AGENCY
pgs 8-I1 A. Approval of Minutes — June 28, 2023 CRA Meeting
pgs 12-15 B. Consider Resolution No. R-24-01 Adopting the Riverfront Community
Redevelopment Agency (CRA) Budget for the Fiscal Year 2023-2024
(Transmittal, R-24-01, Ex. A)
A RESOLUTION OF THE CITY OF SEBASTIAN COMMUNITY
REDEVELOPMENT AGENCY (CRA) ADOPTING A BUDGET FOR THE FISCAL
YEAR BEGINNING OCTOBER 1, 2023 AND ENDING SEPTEMBER 30, 2024;
MAKING FINDINGS; AUTHORIZING AMENDMENT AND TRANSFERS;
PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
pgs 16-57 C. Consideration of a Motion Making a Recommendation to the City Council on
How to Best Pursue the Redevelopment of the Harbor Lights Property
(Transmittal, F.S.163.380, Master Plan Excerpt, RFP)
pgs 58- 223 D. Request for Proposal (RFP#23-11) for the Sale and Redevelopment of City -
Owned Property and Provision of a Mixed -Use Development Located at 100
Veterans Memorial Highway, Sebastian, Florida Situated in the Community
Redevelopment Area (Transmittal, RFP#23-11, Response, Appraisal, Master Plan
Excerpt)
8. ADJOURN COMMUNITY REDEVELOPMENT AGENCY MEETING AND
RECONVENE AS CITY COUNCIL
9. PUBLIC HEARING
A. Final Hearing on Millage for Calendar Year 2023 and FY 2023/2024 Budget
ii. Attorney advises Council on Procedure for Millage/Budget Hearing and
Reads Titles for Resolutions R-23-xx and R-23-xx
iii. Budget Overview (Budget Document Available at
https://weblink. eityofsebastian.org/W ebLink/DocView.aspx?id=273286)
iv. Mayor Opens Hearing for Public Comment on the Millage and Budget
V. Mayor Closes Public Hearing
vi. City Council Deliberation and Action:
pgs 224-225 a) Adopt Resolution No. R-23-24 Millage Rate for Calendar Year
2023 (Transmittal, R-23-24)
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A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ADOPTING A FINAL MILLAGE OF 3.1955
MILLS FOR THE CALENDAR YEAR 2023; PROVIDING FOR
CONFLICT; PROVIDING FOR SCRIVENER'S ERRORS; AND
PROVIDING FOR AN EFFECTIVE DATE.
pgs 226-233 b) Adopt Resolution No. R-23-25 Budget for Fiscal Year 2023/2024
(Transmittal, R-23, Sched. A)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING
THE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1,
2023 AND ENDING SEPTEMBER 30, 2024; MAKING
APPROPRIATIONS FOR THE PAYMENT OF OPERATING
EXPENSES, CAPITAL EXPENSE, AND FOR THE PRINCIPAL AND
INTEREST PAYMENTS ON THE INDEBTEDNESS OF THE CITY
IN THE CITY'S GENERAL FUND, SPECIAL REVENUE FUNDS,
CAPITAL IMPROVEMENT FUNDS, GOLF COURSE FUND,
AIRPORT FUND, AND BUILDING FUND AS PROVIDED FOR IN
SCHEDULE "A", ATTACHED HERETO; ESTABLISHING
AUTHORITY OF THE CITY MANAGER TO IMPLEMENT THE
BUDGET; PROVIDING FOR CONFLICTS; PROVIDING FOR
SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE
DATE.
pgs 234-247 c) Adopt Resolution No. R-23-26 Financial Policies for Fiscal Year
2023-2024 (Transmittal, R-23-26, Attachment A)
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ADOPTING FINANCIAL POLICIES
GOVERNING VARIOUS AREAS OF BUDGET AND FINANCE AS
PROVIDED FOR IN ATTACHMENT "A"; PROVIDING FOR
CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; AND
PROVIDING FOR AN EFFECTIVE DATE.
pgs 248-251 d) Adopt Resolution No. R-23-27 Approving the Six -Year Capital
Improvement Program for the Fiscal Years 2024-2029 (R-23-27)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A
SIX -YEAR CAPITAL IMPROVEMENT PROGRAM FOR FISCAL
YEARS ENDING 2024-2029; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR
SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE
DATE.
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Procedures for levislative public hearines:
Mayor opens hearing
Attorney reads ordinance title
Staff presentation
Public input
Staff summation
Mayor closes hearing
Council deliberation and action
pgs 252-365 B. Second Reading, Public Hearing Ordinance No. 0-23-09 — Petition for Voluntary
Land Swap — 0.07 Acre Parcel, 600 Schuman Drive (Transmittal, 0-23-09,
Agreement, Deeds, Title Commitment, Request)
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AUTHORIZING THE
EXCHANGE OF PARCELS PURSUANT TO SECTION 2-93, CITY OF SEBASTIAN
CODE OF ORDINANCES, REGARDING THE CONVEYANCE OF A 2r98 . it Z 9 b 1. to
SQUARE FOOT PARCEL FROM SCHUMANN ROAD INDIAN RIVER, LLC TO
THE CITY IN EXCHANGE FOR THE CONVEYANCE OF A .2,9-28 SQUARE z 77.413
FOOT PARCEL FROM THE CITY TO SCHUMANN ROAD INDIAN RIVER, LLC;
DESCRIBING EACH PARCEL; FINDING THE TERMS AND CONDITIONS OF THE
EXCHANGE OF PARCELS TO BE IN THE PUBLIC INTEREST; PROVIDING FOR
SCRIVENER'S ERRORS; PROVIDING FOR CONFLICT AND SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
10. PUBLIC INPUT
The heading on Regular Meeting agendas "Public Input"provides an opportunityfor individuals
to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON
THE PREPARED AGENDA. Individuals are asked to resolve matters with staff prior to
meetings. Individuals are asked to provide copies of materials for Council one week prior to the
meeting if they intend to refer to specific material. City Council will not debate an issue during
Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or
place a requested item on a future agenda.
11. CONSENT AGENDA
.411 items on the consent agenda are considered routine and will be enacted by one motion. There
will be no separate discussion of consent agenda items unless a member of City Council so
requests; in which event, the item will be removed and acted upon separately. If a member of the
public wishes to provide input on a consent agenda item, he/she should request a Council
Member to remove the item for discussion prior to start of the meeting or by raising his/her hand
to be recognized.
pgs 366-368 A. Council Travel to 2023-2024 Legislative Policy Committee Meetings &
Conference (Transmittal, Info)
pgs 369-392 B. FFY 2022 Edward Byrne Memorial Justice Assistance Grant (JAG) Program
(Transmittal, Notice, Info, Letter)
12. 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.
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13. UNFINISHED BUSINESS
14. NEW BUSINESS
pgs 393-400 A. Consider Resolution No. R-23-29 Requesting the Board of County
Commissioners of Indian River County to Adopt the Areas Set Forth in Exhibit
"A" as Areas of Limited Local Anchoring Pursuant to Florida Statute §327.4108
(Transmittal, R-23-29, Ex. A, F.S. §327.4108)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEBASTIAN,
FLORIDA, REQUESTING THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY ADOPT THE AREAS SET FORTH IN EXHIBIT "A" AS
AREAS OF LIMITED LOCAL ANCHORING PURSUANT TO STATE LAW;
PROVIDING FOR AN EFFECTIVE DATE.
pgs 401-442 B. Consideration of a Motion Providing Direction to the City Manager on How to
Best Pursue the Redevelopment of the Harbor Lights Property (Transmittal, F.S.
§163.380, Master Plan Excerpt, RFP#23-08)
pgs 443-518 C. Consideration of the Evaluation of the Request for Proposal (RFP#23-11) for the
Sale and Redevelopment of City -Owned Property and Provision of a Mixed -Use
Development Located at 100 Veterans Memorial Way, Sebastian, Florida, (former
Public Works Compound) Situated in the Community Redevelopment Area for
Possible Award to Stilldragon of North America, LLC)
pgs 519-537 D. Approval of Lease with PROFLIGHT MANAGEMENT, LLC for Hangar "D" at
the Sebastian Municipal Airport and Authorization for the City Manager to
Execute All Appropriate Documents (Transmittal, Agreements)
pgs 538-555 E. Award Invitation to Bid (ITB) #23-14 CDBG Housing Rehabilitation Project for
9 Single -Family Home Units to Qualified Bidders in Amount Not to Exceed
$119,495.00 (Transmittal, Bid tab, Exhibits A-E, Attachments A & B)
pgs 556-560 F. Approve Grant Administration Services from Guardian CRM, Inc. for CDBG
Entitlement Funding for Annual Action Plan FY 2022/2023 (Transmittal, CSA
#7, Award Letter)
pgs 561-562 G. November City Council Meeting Dates (Transmittal, Calendar)
15. CITY ATTORNEY MATTERS
16. CITY MANAGER MATTERS
17. CITY CLERK MATTERS
18. CITY COUNCIL MATTERS
A.
Council Member Dixon
B.
Council Member Dodd
C.
Council Member McPartlan
D.
Mayor Jones
E.
Vice Mayor Nunn
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19. ADJOURN (All meetings shall adjourn by 9:30 pm unless extended for up to one half
hour by a majority vote of City Council)
NO STENOGRAPHIC RECORD BY A CERTIFIED COURT REPORTER WILL BE MADE OF THE FOREGOING
MEETING. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COUNCIL,
BOARD OR AGENCY WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING
WILL NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD
INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (F.S.286.0105)
IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA) OF 1990, ANYONE WHO NEEDS A
SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR
AT 388-8226 — ADA @CITYOFSEBASTIAN. OR G AT LEAST 48 HOURS 17V ADVANCE OF THIS MEETING.
ZOOM INFORMATION
Please click the link to join the webinar: https://us02web.zoom.us/j/84771502249
Or One tap mobile:
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PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION NO. R-21-32
Regular Citv Council Meetings
Public input is ALLOWED under the heading:
Consent Agenda
Public Hearings
Unfinished Business
• New Business
• Public Input
Public Input is NOT ALLOWED under the headines:
• 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.
Workshous and Saecial Meetings
Public input is limited to the item on the agenda
Time Limit
Input on agenda items where public input is permitted on agendas is FIVE MINUTES; however, City
Council may extend or terminate an individual's time by majority vote of Council members present.
Input Directed to Chair
Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL
DELIBERATION of the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR, unless
answering a question of a member of City Council or City staff. Individuals shall not address City
Council after commencement of City Council deliberation on an agenda item after public input has
concluded, providing, however, the Mayor and members of City Council may recall an individual to
provide additional information or to answer questions.
Certain Remarks Prohibited
Personal, impertinent, and slanderous remarks, political campaigning, and applauding are not permitted
and may result in expulsion from the meeting. The Chair shall make determinations on such remarks,
subject to the repeal provisions below.
Avvealine 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.
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M 11-f
SE T.,� i
HOME OF PELICAN ISLAND
COMMUNITY REDEVELOPMENTAGEN CY
1225 Main Street, Sebastian, FL 32958
The attached June 28, 2023 Community Redevelopment Agency minutes were approved
at the September 27, 2023 Community Redevelopment Agency meeting.
Chairman Fred Jones
ATTEST:
Jeanette Williams, City Clerk
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Regular City Council
& CRA Meeting
June 28, 2023
Page 2
Grace Reed, Sebastian, thanked Council for making the decision to run for Council which
takes time away from their personal lives. During the past few months, she has
determined it is a thankless job with little compensation. She said there are some who are
quick to ridicule, defame or threaten their next vote but they don't appear willing to run
to take on the task of representing the people. She said in November she will make her
decision based on what Council has shown her and how they treat the public and interact
with their peers.
Ron Mather, Sebastian, said now that people are comfortable not wearing masks, he
thought if Council Members were not present at the meetings, their vote should not
count; it should go back to the way it was.
Vice Mayor Nunn advised the voting precedence is based on state law and the City's
Charter and ordinances. They could look at it in a future Charter review but it wasn't
something they could just change.
Mr. Mather said he contacted Waste Management to see who owns the newly distributed
carts and was advised that Waste Management does. He asked if there is a hurricane,
why would he want to take care of Waste Management's property. He asked who is
liable for it blowing around in the street. Mayor Jones advised that was a legal question
for Waste Management.
8. Mayor Jones recessed the City Council meeting at 6:09 p.m. and convened the —
Community Redevelopment Agency meeting.
A. Approval of Minutes — September 30, 2022 CRA Meeting
B. Approval of Minutes — April 26, 2023 CRA Meeting
MOTION by Mr. Dodd and SECOND by Mr. McPartlan to approve the CRA minutes for
the September 30, 2022 and April 26, 2023 meetings.
Roll call: Vice Chairman Nunn -aye
Ms. Dixon - aye
Mr. Dodd - aye
Mr. McPartlan - aye
Chairman Jones - aye
Motion carried. 5-0
C. Approve the Sebastian CRA Sustainable Economic Redevelopment Master Plan,
2023 (Transmittal, Plan)
The Administrative Services Director advised the consultants who were employed to
develop the master plan were present and ready to make a presentation.
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Regular City Council
& CRA Meeting
June 28, 2023
Page 3
Laura Smith, Urban Analytics Manager, GAI Consultants, Inc. introduced herself and
said some benefits of this update were the identification of items that needed to be taken
out of the CRA Trust Fund and placed in the City's budget; an inconsistency in the
County's contribution that will benefit the City going forward; and a reminder that the
CRA will sunset in 10 more years.
Natalie Frazier, Senior Analyst, GAI Consultants, Inc. displayed a PowerPoint
presentation outlining the process of updating the plan and some of the findings. (See
attached) She said GAI recommends evaluating the projects and programs that will
remain active within five years of this update to see if extending the agency is necessary;
adopting a formal definition of "old fishing village;" developing a formal style guide to
provide design criteria to prevent delays in developing and redeveloping the existing
structures; modifying each overlay district to adopt the fishing village and style guide;
and prioritizing the opportunity sites identified in the plan.
Mr. Dodd asked if they should prioritize the five catalysts sites and go forward. The
CRA Manager said two sites are currently out for RFP and she is hopeful that Council
will be comfortable with what will be proposed to give the City the economic boost they
are looking for. There are grant dollars and plans to expand the Working Waterfront area
as well as a design to expand the Riverview Park area recommended by 2018 GAI
Mr. Dodd asked if separate action was needed to develop Catalyst Site 5 noting
developing parks was the number one priority of a recent citizen's survey. The CRA
Manager advised there is funding available to move forward with a design for Harrison
Street and the overflow parking area. In the next year there is construction money.
Ann Gallop, Sebastian, said she had the opportunity to look through the plan and noted it
sounds like it is to be a 15-Minute City which is a global agenda affecting rights and
freedom which she hopes Sebastian isn't walking into.
Llisa Boisvert said she understood that the City didn't pay for the plan and asked who
was the benefactor? She said China has some 15-minutes cities and asked if they wanted
their privacy invaded. She asked Council to research this before voting on the plan. She
said there will be more litigation if this passes.
Louise Kautenburg, Sebastian, commended Ms. Boisvert's suggestion that they should all
do more research including her as many have missed the material provided where she
would have seen the funding doesn't come from the City; the company drafted the plan at
the direction of the City; and the aspirations are in balance with what the community
asked for in the public meetings. She explained the County takes taxes from all of
properties in the CRA and returns those monies back to the CRA as opposed to being
thrown into the big bucket so that a majority of the citizens will benefit from the
improvements.
Vice Chairman Nunn stated the CRA district was founded in 1995 to help redevelop the
riverfront area to provide a better community for the citizens. He said the plan did not
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Regular City Council
& CRA Meeting
June 29, 2023
Page 4
include anything about cameras, controlling the citizens or hampering their life --only to
make it better for the City on the riverfront.
Mr. Dodd said he agreed with the people concerned about being controlled and reminded
them that this Council refused to put cameras in school zones although he doesn't want to
see people speeding through school zones. There seems to be confusion in what's talked
about as a smart city which is a technology smart city with cameras and monitors. He has
never seen anything in any city that is stopping people going from one zone to another
except maybe in Moscow.
He said there is a concept called a walkable city, where you build mixed use commercial
and residential in the same area so those that live there can walk and shop where they
live. They are not going to see Sebastian turn into a smart city. He didn't think the plan
was tied to conspiracy things that the people talked about. He said the plan was paid fbr
by state taxes and theoretically anything that government gives is paid for by the
taxpayers. He said he doesn't want to see every move monitored with active cameras
which is why he doesn't live in New York. He said that he was in favor of the plan.
MOTION by Mr. Dodd and SECOND by Ms. Dixon to approve the Sustainable
Economic Redevelopment Master Plan.
Mr. McPartlan said he has seen all of the great things completed since the last CRA
update and they should look out for growth. He noted that they are being monitored now
by carrying cell phones or credits cards with the chips. He said he hoped they go to 2063
and in that short period things could change; he was in agreement with the plan.
Roll call: Ms. Dixon
- aye
Mr. Dodd
- aye
Mr. McPartlan
- aye
Chairman Jones
- aye
Vice Chairman Nunn - aye
Motion carried. 5-0
9. Chairman Jones adjourned the Community Redevelopment Agency meeting at 6:46 p.m.
and reconvened the City Council meeting.
10. CONSENT AGENDA
A. Approval of Minutes — June 14, 2023 Regular City Council Meeting
23.107 B. Approve the Ground Lessor Estoppel and Agreement from Sheltair Sebastian,
LLC and Authorize the City Manager to Execute the Related Documents
(Transmittal, Ex. A)
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OD OF
SFBASTIAN
HOME OF PELICAN ISLAND
RIVERFRONT COMMUNITY REDEVELOPMENT AGENCY
AGENDA TRANSMITTAL FORM
CRA BOARD MEETING: September 27, 2023
AGENDA ITEM TITLE: Consider Resolution No. R-24-01 Adopting the Riverfront Community
Redevelopment Agency (CRA) Budget for the Fiscal Year 2023-2024
RECOMMENDATION: CRA Board Approval of Resolution R-24-01
BACKGROUND:
In accordance with Florida Statute 189.418(3), a Community Redevelopment Agency (CRA) "shall adopt
a budget by resolution each fiscal year". The Recommended Budget for Fiscal Year 2023-2024,
beginning October 1, 2023 and ending September 30, 2024, is included as Exhibit "A" to the Resolution
for the CRA Board's consideration.
The recommended operating expenditures, grants and aids and transfers for capital projects budget for the
CRA is $500,215. The total Tax Increment Funding ("TIF") revenue is projected to be $471,765. Capital
expenditures include matching funds on a 50% FIND Grant for design and preparation of bid documents for
Working Waterfront Improvements. Funding is also being set aside for future matching funds toward
construction of those improvements. The CRA budget is also incorporated in the Annual Budget for the City
of Sebastian as a Special Revenue Fund, which is also scheduled for final approval at this meeting.
ATTACHMENTS:
Resolution R-24-01, including Exhibit "A".
IF AGENDA ITEM REOUIRES EXPENDITURE OF FUNDS:
Total Cost: $500,215
Fund to Be Utilized for Appropriation: Community Redevelopment Agency Fund
Administrative Services Department Review -
City Attorney Review:
r
Procurement Division Review, if applicable: VIA
City Manager Authorization:
Date: f a� j'aaa3
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CITY OF SEBASTIAN
COMMUNITY REDEVELOPMENT AGENCY
RESOLUTION NO.24-01
A RESOLUTION OF THE CITY OF SEBASTIAN COMMUNITY
REDEVELOPMENT AGENCY (CRA) ADOPTING A BUDGET FOR THE
FISCAL YEAR BEGINNING OCTOBER 1, 2023 AND ENDING
SEPTEMBER 30, 2024; MAKING FINDINGS; AUTHORIZING
AMENDMENTS AND TRANSFERS; PROVIDING FOR CONFLICTS;
PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Manager of the City of Sebastian has submitted a Budget for the
City of Sebastian Community Redevelopment Agency (CRA) for the Fiscal Year beginning
October 1, 2023 and ending September 30, 2024; and
WHEREAS, the CRA Budget includes estimated expenditures necessary to carry out the
functions of the CRA for the Fiscal Year beginning October 1, 2023, and ending September 30,
2024; and
WHEREAS, the CRA Budget includes the estimated revenues to be received by the CRA
during said period from all sources, including Tax Increment Funding (TIF); and
WHEREAS, the CRA has examined and carefully considered the proposed Budget in a
duly assembled meeting.
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BOARD OF
CITY OF SEBASTIAN COMMUNITY REDEVELOPMENT AGENCY:
SECTION 1. RECITALS. The Recitals contained above in the Whereas clauses are
hereby ratified as being true and correct; are determined to be the legislative findings of the City
of Sebastian Community Redevelopment Agency; and made a specific part of this Resolution.
SECTION 2. ADOPTION OF BUDGET. The City of Sebastian Community
Redevelopment Agency does hereby adopt, confirm and approve the budget attached hereto as
Exhibit "A" as the budget for the CRA for the Fiscal Year beginning October 1, 2023 and ending
September 30, 2024.
SECTION 3. FINDINGS. The governing board of the CRA does hereby find that:
(a) The Budget adopted has been prepared in accordance with generally accepted
accounting principles; and
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(b) The estimated revenues to be received by the CRA during the Fiscal Year beginning
October 1, 2023, and ending September 30, 2024 from all sources, including tax increment funds,
equals the total of appropriations for expenditures and for reserves during said period; and
(c) The Budget will regulate expenditures of the CRA and no expenditures or contracts
for expenditures shall be made except in pursuance of budgeted appropriations;
(d) The Budget is adopted in accordance with Section 189.418, Florida Statutes.
SECTION 4. CITY MANAGER AUTHORIZATIONS — AMENDMENTS. In order
to effect an orderly year-end closeout of all financial books and records for the CRA, the City of
Sebastian City Manager is hereby authorized and directed to increase the corresponding line item
appropriations in the Budget to the extent of those purchase orders which shall have been issued
prior to September 30, 2023, but shall not have been filled prior to that date, and is authorized and
directed to pay all such purchase orders upon receipt of the goods or services therein specified from
the funds so 'FFLuFliated. The City of Sebastian City Manager is hereby further authorized and
directed to increase the budget appropriations to the extent of any unexpended balances from state,
federal or other grants as of the end of business on September 30, 2023, and to the extent of any
unexpended balances, whether or not encumbered, outstanding in projects or programs as of the end
of business on September 30, 2023 and all such balances shall be appropriated to the corresponding
accounts in the same funds in which they were outstanding as of September 30, 2023; and the City
Manager shall be authorized to expend such avFiLv ,.rations for the purposes approved by the CRA
in connection with such state, federal or other grants, and projects. The City Manager shall, prior to
December 31, 2023, report all such purchase orders, grants and projects to the CRA. Corresponding
changes in the anticipated revenue accounts are thereafter hereby authorized.
SECTION 5. CITY MANAGER AUTHORIZATIONS — BUDGET TRANSFERS. The
City Manager is hereby authorized and directed to maintain and amend the budget so as to reflect
the anticipated revenue and the aF,,..F..ation of, and expenditure of, all grant funds and bond
proceeds committed to, or received by the CRA subsequent to September 30, 2023, and prior to
October 1, 2024, in accordance with the directions of the CRA as to the appropriation and
expenditure of such grants and bond proceeds as and when received. The City Manager shall have
the authority to transfer appropriations from one line item to another line item of the budget, so long
as the total appropriations shall not be increased thereby. Transactions affecting total
appropriations, other than those authorized herein in other sections shall require the prior approval
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of the CRA. Any such transactions are subject to any restrictive statutes or ordinances, including
those authorizing the issuance of any outstanding bonds.
SECTION 6. CONFLICTS. All Resolutions or parts of Resolutions in conflict herewith
are hereby repealed.
SECTION 7. SCRIVENER'S ERRORS. Sections of this resolution may be renumbered
or re -lettered and corrections of typographical errors which do not affect the intent may be
authorized by the City Manager, or the City Manager's designee, without need of further action of
City Council by filing a corrected copy of same with the City Clerk.
SECTION 8. SEVERABILITY. If any clause, section, or other part or application of this
Resolution shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such
unconstitutional or invalid part or application shall be considered as eliminated and so not affecting
the validity of the remaining portions or applications remaining in full force and effect.
SECTION 9. EFFECTIVE DATE. This Resolution shall become effective October 1,
9IJPU
The foregoing Resolution was moved for adoption by CRA Board member . The
motion was seconded by CRA Board member and, upon being put into a
vote, the vote was as follows:
Fred Jones, Chairman
Ed Dodd
Bob McPartlan
Christopher Nunn
Kelly Dixon
The CRA Chairman thereupon declared this Resolution duly passed and adopted on this 271h day
of September, 2023.
CITY OF SEBASTIAN, FLORIDA
ATTEST:
Jeanette Williams, City Clerk
Fred Jones, Chairman
Approved as to form and legality for the
reliance by the City of Sebastian only:
Jennifer Cockcroft, City Attorney
15 of 562
Mn
SEBASTL
HOME OF PELICAN ISLAND
CRA AGENDA TRANSMITTAL
Council Meetim Date: September 27, 2023
Agenda Item Title: Consideration of a motion making a recommendation to the City Council on
how to best pursue the redevelopment of the Harbor Lights property.
Recommendation: Staff requests action from the CRA Board on a recommendation to the City
Council on how to best pursue the redevelopment of the Harbor Lights
property.
Background:
The City of Sebastian requested proposals from qualified real estate developers/investors/operators for the
purchase and redevelopment of city -owned property located at 1215 Indian River Drive, Sebastian, FL 32958
(former Harbor Lights Motel). Request for Proposal (RFP #23-08) was issued in accordance with the disposal
of real property provisions set forth in Section 163.380, Florida Statutes. On Friday, July 21, 2023 at 2:00 PM
EST, all proposals were due to be submitted. No proposals were received.
Staff believes the potential development of the property may be compromised by its small size (0.51+/- acres)
and the regulatory conditions found in the Riverfront Overlay District. However, the site does offer many
opportunities as outlined within the CRA Master Plan and due to the availability of existing infrastructure
within Indian River Drive. Options to be considered include:
1. Keep the property and offer only a ground lease to any interested developers.
2. Keep the property and develop public space that compliments the CRA and adjacent public space.
3. SeIl the property "as is" to highest bidder with no conditions of development.
At this time, the CRA Board should make a recommendation to the City Council on further action
regarding the redevelopment of this property, in accordance with Florida Statutes Section 163.380 and
Section Four of the Sebastian CRA Redevelopment Master Plan. This agenda item will then be
considered by the City Council at its regular Council meeting.
If Agenda Item Requires Expenditure of Funds:
Budgeted Amount: NA
Total Cost: $0.00
Funds to Be Utilized for Appropriation: NA
Attachments:
1. Florida Statutes Section 163.380.
2. Sebastian CRA Redevelopment Master Plan 2022-2023; Applicable content of Section Four,
pages 52 — 59.
3. RFP 23-08, Sale of Old Harbor Lights Motel Property
Administrative Services Department Review . -I l
City Attorney Review:
Jfr
Procurement Division R jiiff pplicable: Nr��
City Mana er Authorization: _
Date: 1/aoa3
16 of 562
Select Year: 2023 v F Go
The 2023 Florida Statutes
Title XI Chapter 163 View Entire
COUNTY ORGANIZATION AND INTERGOVERNMENTAL QR&C
INTERGOVERNMENTAL RELATIONS PROGRAMS
163.380 Disposal of property in community redevelopment area. —The disposal of property in a community
redevelopment area which is acquired by eminent domain is subject to the limitations set forth in s. 73,013.
(1) Any county, municipality, or community redevelopment agency may sell, lease, dispose of, or otherwise
transfer real property or any interest therein acquired by it for community redevelopment in a community
redevelopment area to any private person, or may retain such property for public use, and may enter into
contracts with respect thereto for residential, recreational, commercial, industrial, educational, or other uses, in
accordance with the community redevelopment plan, subject to such covenants, conditions, and restrictions,
including covenants running with the land, as it deems necessary or desirable to assist in preventing the
development or spread of future slums or blighted areas or to otherwise carry out the purposes of this part.
However, such sale, lease, other transfer, or retention, and any agreement relating thereto, may be made only
after the approval of the community redevelopment plan by the governing body. The purchasers or lessees and
their successors and assigns shall be obligated to devote such real property only to the uses specified in the
community redevelopment plan and may be obligated to comply with such other requirements as the county,
municipality, or community redevelopment agency may determine to be in the public interest, including the
obligation to begin any improvements on such real property required by the community redevelopment plan within
a reasonable time.
(2) Such real property or interest shalt be sold, leased, otherwise transferred, or retained at a value
determined to be in the public interest for uses in accordance with the community redevelopment plan and in
accordance with such reasonable disposal procedures as any county, municipality, or community redevelopment
agency may prescribe. In determining the value of real property as being in the public interest for uses in
accordance with the community redevelopment plan, the county, municipality, or community redevelopment
agency shall take into account and give consideration to the long-term benefits to be achieved by the county,
municipality, or community redevelopment agency resulting from incurring short-term losses or costs in the disposal
of such real property; the uses provided in such plan; the restrictions upon, and the covenants, conditions, and
obligations assumed by, the purchaser or lessee or by the county, municipality, or community redevelopment
agency retaining the property; and the objectives of such plan for the prevention of the recurrence of slum or
blighted areas. In the event the value of such real property being disposed of is for less than the fair value, such
disposition shall require the approval of the governing body, which approval may only be given following a duly
noticed public hearing. The county, municipality, or community redevelopment agency may provide in any
instrument of conveyance to a private purchaser or lessee that such purchaser or lessee is without power to sell,
lease, or otherwise transfer the real property without the prior written consent of the county, municipality, or
community redevelopment agency until the purchaser or lessee has completed the construction of any or all
improvements which he or she has obligated himself or herself to construct thereon. Real property acquired by the
county, municipality, or community redevelopment agency which, in accordance with the provisions of the
community redevelopment plan, is to be transferred shall be transferred as rapidly as feasible in the public
interest, consistent with the carrying out of the provisions of the community redevelopment plan. Any contract for
such transfer and the community redevelopment plan, or such part or parts of such contract or plan as the county,
17 of 562
municipality, or community redevelopment agency may determine, may be recorded in the land records of the
clerk of the circuit court in such manner as to afford actual or constructive notice thereof.
(3)(a) Prior to disposition of any real property or interest therein in a community redevelopment area, any
county, municipality, or community redevelopment agency shall give public notice of such disposition by publication
in a newspaper having a general circulation in the community, at least 30 days prior to the execution of any
contract to sell, lease, or otherwise transfer real property and, prior to the delivery of any instrument of
conveyance with respect thereto under the provisions of this section, invite proposals from, and make all pertinent
information available to, private redevelopers or any persons interested in undertaking to redevelop or rehabilitate
a community redevelopment area or any part thereof. Such notice shall identify the area or portion thereof and
shall state that proposals must be made by those interested within 30 days after the date of publication of the
notice and that such further information as is available may be obtained at such office as is designated in the
notice. The county, municipality, or community redevelopment agency shall consider all such redevelopment or
rehabilitation proposals and the financial and legal ability of the persons making such proposals to carry them out;
and the county, municipality, or community redevelopment agency may negotiate with any persons for proposals
for the purchase, lease, or other transfer of any real property acquired by it in the community redevelopment
area. The county, municipality, or community redevelopment agency may accept such proposal as it deems to be in
the public interest and in furtherance of the purposes of this part. Except in the case of a governing body acting as
the agency, as provided in s. 163.357, a notification of intention to accept such proposal must be filed with the
governing body not less than 30 days prior to any such acceptance. Thereafter, the county, municipality, or
community redevelopment agency may execute such contract in accordance with the provisions of subsection (1)
and deliver deeds, leases, and other instruments and take all steps necessary to effectuate such contract.
(b) Any county, municipality, or community redevelopment agency that, pursuant to the provisions of this
section, has disposed of a real property project with a land area in excess of 20 acres may acquire an expanded
area that is immediately adjacent to the original project and less than 35 percent of the land area of the original
project, by purchase as provided in this chapter, and negotiate a disposition of such expanded area directly with
the person who acquired the original project without complying with the disposition procedures established in
paragraph (a), provided the county, municipality, or community redevelopment agency adopts a resolution making
the following findings:
1. It is in the public interest to expand such real property project to an immediately adjacent area.
2. The expanded area is less than 35 percent of the land area of the original project.
3. The expanded area is entirely within the boundary of the community redevelopment area.
(4) Any county, municipality, or community redevelopment agency may temporarily operate and maintain real
property acquired by it in a community redevelopment area for or in connection with a community redevelopment
plan pending the disposition of the property as authorized in this part, without regard to the provisions of
subsection (1), for such uses and purposes as may be deemed desirable, even though not in conformity with the
community redevelopment plan.
(5) If any conflict exists between the provisions of this section and s. 159,61, the provisions of this section
govern and supersede those of s. 159,61.
(6) Notwithstanding any provision of this section, if a community redevelopment area is established by the
governing body for the redevelopment of property located on a closed military base within the governing body's
boundaries, the procedures for disposition of real property within that community redevelopment area shall be
prescribed by the governing body, and compliance with the other provisions of this section shall not be required
prior to the disposal of real property.
History.—s. 11, ch. 69-305; s. 9, ch. 77-391; s. 13, ch. 84-356; s. 1, ch. 92-162; s. 906, ch. 95-147; s. 1, ch. 96-254; s. 9, ch. 98-314; S.
12, ch. 2006.11.
Copyright ®1995-2023 The Florida Legislature • Privacv Statement • Contact Us
18 of 562
SEBASTIAN CRA MAJOR THEMES
Throughout the formation of this 2023 Sebastian
CRA Master Plan, as well as during the public input
and workshop sessions, five overarching themes
were identified. These themes are to be used as a
planning framework for the Agency to help enhance
the character of the downtown and to embrace
opportunities that exist within the CRA. These major
themes include.
An INFRASTRUCTURE & DRAINAGE
RINI A Rvverfront Drainage Study performed
in 2014 identified a list of stormwater
Improvement areas within the Sebastian
CRA; these included drainage improvements to
Indian River, "Presidential Street", Coolidge Street,
Central Avenue/Davis Street, and the CavCorp
parking lot. These stormwater facility improvements
were completed in 2017 through the installation of
baffle boxes at major outfoll locations. In addition,
the Agency continues plans to address other
infrastructure needs relative to septic -to -sewer
conversion within the redevelopment area.
The stormwater facilities and water/sewer utility
infrastructure may require upgrades within the CRA,
especially when anticipating new demand driven by
residential, commercial, and mixed -use development.
WATERFRONT, PARKS, & PUBLIC SPACES
The CRA closely identifies with its
waterfront, occupying over 47% of its total
acreage. The Agency has prioritized
access and preservation of its waterfront, as it is
vital to the area's economic success. The CRA's
community continues to support these preservation
efforts, subsequently preserving and enhancing
the City's history as a fishing village, contribute
to the desired design theme, and make use of
the waterfront resource to maximize economic
development.
Open space enhancement projects along the water
and restoring waterfront properties for new uses
were contemplated within the 2010 Sebastian CRA
Master Plan and have been continued within this 2023
Sebastian CRA Master Plan.
In 20f8, the consensus of community members and
key stakeholders was to focus on river views and
access, a waterfront pedestrian experience, and open
public spaces. Specifically, the "Working Waterfront"
initiative has been a high priority of the City and the
Agency to promote economic revitalization along the
Indian River coast. Subsequently, these efforts have
continued to bring activity and regeneration to the
Sebastian shoreline.
In addition, enhancing the existing Riverview Park is a
prime example of the potential for park revitalization
and economic activity in the surrounding vicinity. A
Riverview Park Master Plan was completed in 2019
to diversify its current uses and implement best
management practices moving forward. The Agency
seeks to generate more engagement with its open
space by creating connectivity between greenspaces
through implementation of a pedestrian pathway
system, greenway connectors, and bicycle paths
that may provide for future recreation enhancement
opportunities. The Agency also seeks to enhance its
recreational piers, waterfront boat ramp access, and
smaller opportunistic waterfront parks, especially
within the Park District.
j ROADS, PARKING, & PEDESTRIAN
CONNECTIVITY IMPROVEMENTS
The CRA community's desire for road and
pedestrian connectivity improvements
along U.S. Highway 1 and Indian River Drive
were significant observations during the public
input sessions. The CRA is prioritizing pedestrian
connectivity and accessibility in order to link west
Sebastian to the waterfront by creating a more
pedestrian- and bicycle -friendly streetscape
environment and providing visual linkages
between the riverfront and U.S, Highway 1. These
improvements may include, but not be limited to,
boulevard landscaping including street trees and
sidewalks, widened sidewalks and curbed dedicated
bicycling space along Indian River Drive, flashing
pedestrian crosswalks across U.S. Highway 1 towards
the riverfront, and safer crosswalk areas along the
railroad tracks near the Sebastian Boulevard Triangle
Area.
In addition, the Land Development Code was
updated under Ordinance No. 0-10-05 in an effort
to encourage public parking use in high -demand/
low -supply areas. The "payment in lieu of parking"
program permits the use of City parking areas
adjacent to commercial property to satisfy zoning
requirements. The Agency envisions increasing public
parking in the CRA, and establishing on -street parking
and streetscapes adjacent to recreation areas.
PUBLIC SAFETY
Another observation from the community
during the public input session was the
desire to enhance public safety throughout
the CRA, ensuring that everyone can live and work in
a safe environment. In doing so, the Agency could
develop a comprehensive public safety initiative that
addresses public safety needs of the community.
1 52 1 2023 Sebastian CRA Sustainable Redevelopment Master Plan
19 of 562
Currently, the City Police Department consists of a
road patrol, canine, and marine unit divisions with
the main commitment to maintaining a safe and
peaceful environment for all residents and visitors
within the City. Additional ways the Agency may
increase public safety could include increased
lighting and safety measures in community spaces,
developing public health and prevention strategies,
and prioritizing youth development.
PRESERVING THE COMMUNITY CHARACTER
• Promoting the community character as
"Old Florida Fishing Village" and the CRA as
a destination has been a major priority
within the CRA since adoption. In doing so, the Agency
has prioritized creating a unique brand through
signage, wayfinding, and advertising,
in addition, the CRA has prioritized enhancing
existing recreation land in the CRA through use of
appropriate urban design for parks and open spaces,
increasing pedestrian connectivity and walkways,
and preserving the character of the existing
neighborhoods through proper landscaping, lighting,
and signage. All of these practices have helped
define the Sebastian CRA's community character and
a coherent sense of place when visiting the CRA.
These five major themes have helped identify the
guiding principles, as well as the recommended
improvement and redevelopment programs within
the CRA, as detailed along the following pages.
Photo Courtesy of CoStar
GUIDING PRINCIPLES
The principles identified below are derived
from public engagement, other plans, and
background data utilized. The analysis and
feedback suggest a variety of objectives that
are the essential elements of this 2023 Sebastian
CRA Master Plan structural framework.
ENCOURAGE
• Residential and mixed -use development
within the Sebastian Blvd. Triangle
Overlay District.
• Retail uses adjacent to Riverview Park.
• Compatible infil€ development.
• Enhancement of the character of the
CRA with architecture that addresses the
community's "Old Florida Fishing Village"
scale and feel.
If. CREATE
• Gateway features at west end of
Sebastian Blvd, Triangle Overlay District
and on U.5. Highway 1
Visual linkages between the riverfront
and U.S. Highway 1.
• Improved bicycle and pedestrian
linkages to the riverfront and between
recreation lands.
• Additional on-street/off -street parking.
• Pocket parks and wildlife observation
areas.
• Opportunities to facilitate development
of catalyst sites and other priorities
through property acquisition.
Ill. PRESERVE
• Protect and enhance uses and buildings
along and adjacent to one of the area's
most important assets: the Indian River
Lagoon.
Important historic resources in the
redevelopment area, particularly
those that help to Illustrate the area's
fishing heritage, as well as those that
meaningfully contribute to the "Old
Florida Fishing Village" character.
• Waterfront access and continued
riverfront activities.
IV PROMOTE
Promote the redevelopment area as a
destination for shopping, dining, events,
and recreation.
• Incentive, Grant, and Assistance
Programs available to property owners
and businesses within the CRA.
Section 4 Redevelopment Plan I
20 of 562
RECOMMENDED IMPROVEMENT &
REDEVELOPMENT ACTIVITIES AND PROGRAMS
WITHIN THE SEBASTIAN CRA
REDEVELOPMENT AND IMPROVEMENT ACTIVITY BY CONCEPTUAL PLANNING DISTRICT
Sebastian
U S -I
Sebastian
Park
Blvd.
Commercial
Riverfront
Blvd.
Mixed -Use
South
Encourage
Residential + Mixed Use Development
X
X
X
X
Retail Uses adjacent to Riverview Park
X
Compatible Infill Development
X
X
X
X
X
"Old Florida Fishing Village" Character
X
X
X
X
Development of Catalyst Sites
X
X
X
X
Create
Renovations/Upgrades to Riverview Park
X
Gateway Features
X
X
X
On-Street/Off-Street Parking
X
X
X
Pocket Parks + Wildlife Observation Areas
X
X
X
Property Acquisition
X
X
X
X
X
Improvements to Recreational "Twin" Piers
X
X
Increased Pedestrian Connectivity
X
X
X
X
Streetscape Improvements + Vegetative
X
X
X
X
Landscaping
Preserve
Protect + Enhance Indian River Lagoon Frontage
X
X
Historic Resource Protection
X
X
X
X
X
Waterfront Access + Riverfront Activities
X
X
Preservation
Promote
Marketing of Redevelopment Area as Destination
X
X
X
X
X
Promote Incentive/Grant/Assistance Programs
X
X
X
X
X
Source. Sobas6on Community Redevofopmenl Agency, 6A7 Consultants Inc.
REDEVELOPMENT PROGRAMS
FACADE, SIGN, AND LANDSCAPING MATCHING GRANT
PROGRAM - This program provides funds to assist
property owners and/or business owners to improve
and install new signage and/or landscaping.
SEPTIC TO SEWER CONNECTION GRANT (S2S) - This
program is designed to provide individual grants
to qualified property owners for costs incurred to
remove an operational septic tank system that serves
and occupied facility or building and connects to
the County sanitary sewer system. SSP is available
to businesses or residences located with the
Redevelopment Area currently utilizing septic systems.
PARKING -IN -LIEU PROGRAM - This program provides
for establishing parking within the right-of-way at a
rate of $3,200 per space.
STORMWATER FEE CREDIT PROGRAM - All properties
within City, whether or not they discharge stormwater
directly into the Sebastian Stormwater Utility ("Utility")
system, will pay a proportionate share of the Utility
expenses incurred in providing generalized benefits
to the system. Property located within the City
from which stormwater runoff is discharged, either
directly or indirectly, may be eligible for a reduction
in the stormwater fee from the Utility. Single -Family
Residential lots are not eligible for this credit. The City
shall reasonably determine "fee credit" based upon
the savings to the Utility resulting from the property's
stormwater facilities or unique features. Stormwater
fee credits include: incorporation of LID/BMP
alternative practices such as vegetated swales and
buffers, permeable pavers, bioretention and bioswales.
1 54 1 2023 Sebastian CRA Sustainable Redevelopment Master Plan
21 of 562
CONCEPTUAL PLANNING DISTRICTS' PRIORITIES
As a part of the 2D23 Sebastian CRA Master Plan, major priorities have been identified for each of the CRA's
conceptual planning districts. These priorities are provided for the short-term (1-5 years) and the long-term (6-10
years), as illustrated below. These projects and associated time frames are consistent with the updated goals and
objectives within this 2023 Sebastian CRA Master Plan.
Park
District
SHORT-TERM PRIORITIES
Implementation of Riverview
Park Master Plan Upgrades and
Renovations.
Restoration, as appropriate, of
important waterfront properties to
enhance their economic viability
and maintain and improve the
character of the CRA.
Streetscape improvements to
Indian River Drive.
Creation of riverfront event space.
Property acquisition to facilitate
Catalyst Site development and infill
development projects.
Create "local activity center"
surrounding the Riverview Park, to
include complementary retail uses,
connectivity to the riverfront, and
streetscape improvements.
Restoration, as appropriate, of
important waterfront properties to
enhance their economic viability
and maintain and improve the
character of the CRA.
New sidewalk construction as
necessary to provide a continuous
sidewalk network.
Sebastian Blvd. Mixed-UseRiverfront
s
District 'N District
SHORT-TERM PRIORITIES
Improvement of the Sebastian
Boulevard Triangle Area to provide
for mixed -use development,
connectivity to adjacent residential
communities, and streetscape
Improvements.
Property acquisition to facilitate
Catalyst Site development and infill
development projects.
LONG-TERM PRIORITIES
New sidewalk construction as
necessary to provide a continuous
sidewalk network.
Modification of lake to create park/
open space feature.
U.S.-i
Commercial
District
Installation of gateway treatments
at entrances to the CRA along U.S.
Highway 1.
Property acquisition to facilitate
Catalyst Site development and infill
commercial development.
New sidewalk construction as
necessary to provide a continuous
sidewalk network.
Enhancement of the U.S. Highway 1
streetscape to provide for greater
pedestrian and bicycle usability, as
well as the installation of mature
landscaping and trees.
Property acquisition to facilitate
infill commercial development.
SHORT-TERM PRIORITIES
Restoration, as appropriate, of
important waterfront properties to
enhance their economic viability
and maintain and improve the
character of the CRA.
Streetscape improvements to
Indian River Drive.
Property acquisition to facilitate
Catalyst Site development and infill
development projects.
LONG-TERM PRIORITIES
Restoration, as appropriate, of
important waterfront properties to
enhance their economic viability
and maintain and improve the
character of the CRA.
New sidewalk construction as
necessary to provide a continuous
sidewalk network.
Sebastian
Blvd. South
District
Installation of gateway treatments
at entrances to the CRA along
Sebastian Boulevard.
New sidewalk construction as
necessary to provide a continuous
sidewalk network.
Property acquisition to facilitate
infill development projects.
Section 4 ftedeve[opnsent r1nn 1 55
22 of 562
RFP #23-08
HOME OFPEUCAN1SLMD PURCHASE AND REDEVELOP 1215 INDIAN RIVER DRIVE
REQUEST FOR PROPOSALS
The City of Sebastian is requesting proposals from qualified real estate developers/investors/operators for the purchase
and redevelopment of city -owned property located at 1215 Indian River Drive, Sebastian, FL 32958 (former Harbor
Lights Motel). This Request for Proposal ("RFP") is issued in accordance with the disposal of real property provisions set
forth in Section 163.380, Florida Statutes. The Sebastian Community Redevelopment Agency "CRA" invites Proposers to
submit their qualifications, approach, conceptual design, financial and other terms for the Proposer to purchase, design,
permit, construct, finance, operate and maintain a mixed -use development on a 0.51+1- acre site located at 1215 Indian
River Drive, Sebastian, FL. The Citv will NOT vav real estate commissions on this sale.
All proposals are due no later than Friday. July 21. 2023 by 2:00 PM, LOCAL TIME, at which time all proposals are
due. Late proposals will not be accepted. Proposers have the option to submit vbvsically, in -person, or by mail.
Submissions shall only be accepted at Citv Hall. Proposer must submit proposal in a sealed
envelope/box/container: One (1) original proposal "MARKED ORIGINAL & SIGNED IN BLUE INK," including the
required deposit; EIGHT (8) copies "MARKED COPY & SIGNED IN BLACK INK" of the proposal are required; One
(1) USB with an electronic version is required. Onlv the NAME of the Frtus who submitted a response to this Request
for Proposal will be read aloud RFP's will not be made available for review at the time of the openinz
EVENT
RELEASE DATE:
QUESTIONS DUE DATE/TIME:
DUE DATE/TIME:
1ST EVALUATION MEETING:
2"D EVALUATION MEETING, if applicable:
RECOMMENDATION OF AWARD —
CITY COUNCIL MEETING:
City of Sebastian City Hall
1225 Main Street
Sebastian, Florida 32958
DATE TIME
WEDNESDAY, MAY 22, _
2023
FRIDAY, JUNE 30, 2023 END OF
BUSINESS
FRIDAY, JULY 21, 2023 2:00 PM EST
TBD 10:00 AM EST
Ist3C
TBD 6:00 PM EST
RFP documents and any addenda may be obtained from the City's website (www.citvofsebastian.org), DemandStar
(www.demandstar.com) or VendorLink (www.vendorlink.com). It will be the sole responsibility of the Proposer to
determine if anv addenda have been issued vrior to submitting a proposal.
Any and all questions and communication concerning this RFP should be emailed ONLY to the contact person listed
below, no later than Friday, June 30, 2023 by end of day. Contact by a Proposer (or anyone representing a Proposer)
regarding this RFP with the City Council or a City employee/representative other than the point of contact listed above, is
wounds for disqualification.
Page 2 of 31 28 of 562
RFP #23-08
WME OF PFUCAN ISMD PURCHASE AND REDEVELOP 1215 INDIAN RIVER DRIVE
STATEMENT OF NO RESPONSE
If your firm does not intend on submitting a proposal, please complete and return this form prior to the Solicitation
Opening date shown herein. Return by email (dwixon(d7citvofsebastian.ors;) or by mail to:
CITY OF SEBASTIAN, CITY HALL
ATTN: PROCUREMENT
1225 MAIN STREET
SEBASTIAN, FLORIDA 32958
Company Name:
Company Address:
Phone Number:
We are not responding to RFP #23-08. FOR THE PURCHASE OF CITY -OWNED PROPERTY
AND PROVISION OF A MIXED -USE DEVELOPMENT AT Ill S INDIAN RIVER DRI VE SEBASTIAN FLORIDA
for the following reasons) (mark all that applies):
Do not offer the goods) or service(s) required
Our schedule would not permit its to perform responsibly
Unable to meet specifications/scope of services
Unable to meet minimum requirements
Insufficient time allowed for preparation of response
ProjectlBudget too small
Specifications unclear —too vague, rigid, etc. (please explain below)
Other (please specify below)
REMARKS
Signature
Print Name 1 Title
Date
29 of 562
Page 3 of 31
CMIx
HOME OF PELICAN ISLAND
RFP #23-08
PURCHASE AND REDEVELOP 1215 INDIAN RIVER DRIVE
TABLE OF CONTENTS
REQUESTFOR PROPOSALS.................................................................................................................2
STATEMENT OF NO RESPONSE.........................................................................................................3
TABLE OF CONTENTS............................................................................................................................4
DEFINTIONS..............................................................................................................................................4
SECTION 1— SOLICITATION INFORMATION..................................................................................5
SECTION 2 — PURCHASE AGREEMENT DETAILS..........................................................................9
SECTION 3 — PROPOSAL FORMAT & REQUIREMENTS.............................................................11
SECTION 4 — EVALUATION PROCESS..............................................................................................12
SECTION 5 — GENERAL CONDITIONS..............................................................................................13
SECTION 6 — REQUIRED FORMS.......................................................................................................20
PROPOSAL CHECKLIST.........................•...........................................................................................20
MAILINGLABEL.................................................................................................................................21
CONTACT INFORMATION SHEET - FORM A................................................................................22
ADDENDA ACKNOWLEDGEMENT - FORM B...............................................................I..............23
PROPOSED PURCHASE PRICE - FORM C.......................................................................................24
PROPOSER'S DISCLOSURE - FORM D............................................................................................25
E-VERIFY ACKNOWLEDGMENT FORM E..................................................................................27
NOTIFICATIONS AFFIDAVIT - FORM F.........................................................................................28
MINORITY, WOMEN and DISABLED -OWNED REPRESENTATION - FORM G ........................29
SOLICIATION INFORMATION FORM..............................................................................................31
Exhibits:
"A" - Property Information and Survey (2018)
"B" —Environmental Compliance Report (January 2023)
"C" - Sample Purchase Agreement
DEFINITIONS
Request for Proposals ("RFP"): This Solicitation document, including any and all addenda.
Proposal: Submission in response to this RFP.
Pronoser: Person or firm submitting a Proposal in response to this RFP, "pre -award".
Engineer or Desien Build Firm (DBF): Selected Proposer that is meets the scope of services and is
awarded a contract to provide the goods or services to the City, "post -award".
Cite: Refers to the City of Sebastian.
Contract or Agreement: Request for Proposals, all addenda issued thereto, all affidavits, the signed
agreement, and all related documents that comprise the totality of the contract or agreement between the
City and the Engineer or DBF.
Responsible Pronoser: Proposer that has the integrity, reliability and capability in all respects to perform
in full the contract requirement as stated in the RFP.
Responsive Pronoser: Proposer who's Proposal fully conforms in all material respects to the RFP and its
entire requirement, including form and substance.
RUE Refers to calendar days, unless otherwise stated.
Shall, Must & Will: Interpreted as mandatory language.
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HOME
PURCHASE AND REDEVELOP 1215 INDIAN RIVER DRIVE
SECTION 1— SOLICITATION INFORMATION
1.1 SCOPE OF SERVICES
The City of Sebastian is requesting proposals from qualified real estate developers/investors/operators for the
purchase and redevelopment of city -owned property located at 1215 Indian River Drive, Sebastian, FL 32958
(former Harbor Lights Motel). Title will be transferred by a saecial warrantv deed. Consideration will be given to
development that best promotes a vibrant, active and dynamic keystone site that will further the Community
Redevelopment Agency's (CRA) goals and objectives. The City desire's a project that has the ability to provide
adaptable mixed use development on the site.
This property is located in the Commercial Waterfront Residential (CWR) zoning district and also lies within the
Riverfront Overlay District. The redevelopment shall promote and implement the goals and objectives of the CRA
Master Plan to remove blight, increase the tax base, and enhance the quality of life; promote the waterfront and its
history, and improve the aesthetics and enjoyment of the CWR district and surrounding area. The City will NOT
pay any real estate commissions or provide waivers of site related fees on this sale.
1.2 PROPERTY INFORMATION
The property consists of vacant land on approximately 0.51 acres. All structures and infrastructure has been
removed from the property as of 2022. The property was originally used as a small motel and has been vacant
since 2018. There are currently no water or sewer connections, therefore new water and sewer connections would
be required as a part of any new development. Water and sewer are available on Indian River Drive.
Indian River County Parcel ID: 31390600000005000010.0
SEC 6 TWP 31 RNG 39 GOVT LOT 5 MORE FULLY DESC AS FROM THE NW COR OF GOVT LOT 5 TH
RUN SLY AL THE W BNDRY OF GOVT LOT 5 FOR A DIS OF 382.06 FT TO THE S ROW LINE OF MAIN
ST TH RUN N83-25-31E AL SAID S ROW LINE FOR A DIS OF 179 FT TO AN IRON PIPE AT THE SE
COR OF US HWY 1 AND MAIN ST TH RUN S17-29-29E AL SAID E ROW FOR A DIS OF 203.40 FT TH
RUN N76-24-31 E FOR A DIS OF 114.97 FT TO THE POB TH RUN S21-22-36E FOR A DIS OF 186.51 FT
TH RUN N73-08-31E FOR A DIS OF 127.35 FT TO THE W ROW OF OLD US HWY 1 TH RUN N25-29-29W
AL THE W ROW OF US HWY 1 FOR A DIS OF 181.25 FT TO A POINT TH RUN S76-24-31 W FOR A DIS
OF 114.97 FT TO THE POB
The property is in a prime location within the Riverfront Overlay District with a direct view of the Indian River
and close proximity to shopping, recreation, entertainment, and restaurants. There are no riparian rights or direct
waterfront access associated with the purchase of this property.
Site Conditions
Special District: Sebastian Community Redevelopment Agency
Future Land Use: Riverfront Mixed Use
Current Zoning: Commercial Waterfront Residential District (CWR)
Performance Overlav District: Riverfront Overlay District
Permitted Uses: Multiple -Family Dwellings up to 8 units per acre
Commercial retail less than or equal to 5,000 sq ft
Height: 35 feet
Parcel Size: 0.51 acres
Access to all typical utilities including but not limited to water, electric, telephone, sewer, and internet.
Exhibits include:
"A" - Property Information and Survey (2018)
"B" - Environmental Compliance Report (January 2023)
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1.3 DEPOSIT
Proposals must be accompanied by a security deposit of $15,000.00, in the form of a certified or cashier's
check, payable to the City of Sebastian. This deposit will be returned to unsuccessful Proposers. The successful
Proposer shall be required to deposit with the City another $30,000.00, for a total deposit of $45,000.00 (or
more if increased through negotiations) within five (5) business days following City Council approval of the
Purchase Agreement. All deposits by the successful Proposer are non-refundable.
1.4 CITY BACKGROUND
The City of Sebastian was first incorporated as the Town of Sebastian in 1924, and is located at the northern end
of Indian River County, Florida, approximately midway between Melbourne and Vero Beach on the Treasure
Coast. It is recognized as the home of Pelican Island, the first designated wildlife refuge in the United States, and
a Tree City USA.
Sebastian's current population is 25,438; residents include many retirees and families. The total area of Sebastian
is approximately I8.19 square miles with about 1.5 miles of waterfront on the Indian River Lagoon. . The most
current employment estimates indicate that Health Care and Social Assistance, Retail Trade, and
Accommodations and Food Services are the dominant industries within the City and Sebastian CRA.
Sebastian has over 20 beautiful parks, public and private elementary schools, middle schools, and a high school
just outside of its limits. With an unobstructed view of the intra-coastal waterway in the Indian River Lagoon
along its dazzling riverfront district, close proximity to Atlantic beaches, a year round average temperature of 73.4
degrees, Sebastian is a welcoming city. Entertainment in Sebastian includes shops and restaurants, many
churches, several City festivals each year, monthly arts and crafts shows, concerts in the park, a municipal golf
course and airport, and a central location with easy access to I-95 and the Florida Turnpike. Sebastian and the rest
of northern Indian River County comprise one of the fastest -growing areas of Florida in the first decade of the
21 st century.
Purpose
The City of Sebastian is requesting proposals from qualified and experienced real estate developers and builders
interested in undertaking the re -development of the former Harbor Lights Motel site located at 1215 Indian River
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Drive. The site is located in the Sebastian CR,4 and maintains a CWR, Commercial Waterfront Residential zoning
and also lies within the Riverfront Performance Overlay district. The purpose of this solicitation is to offer the
property for sale and re -development while at the same time promoting the goals and objectives for the
implementation of the CRA plan to remove conditions of blight, increase the tax base, and enhance the quality of
life, promote the waterfront and its history, and improve the aesthetics and enjoyment of the commercial
waterfront residential district and surrounding area. The City would desire a project that has the ability to provide
adaptable mixed use development on the site. Visit the City of Sebastian webpage for information regarding the
goals and objectives of the CRA Master Plan and applicable zoning criteria (www.cityofsebastian.org).
Proiect Descrivtion and Available Information
The current property is vacant and sits on approximately 0.51 acres. The property was originally used as a small
motel and has been vacant since 2018. Water and sewer infrastructure would be required as a part of any new
development at the site. The property is in a prime location within the Sebastian CRA with a direct view of the
Indian River and close proximity to shopping, recreation, entertainment, and nearby restaurants. There exist no
riparian rights or direct waterfront access associated with this purchase and development. If the developer is
seeking waivers for development, they must specifically outline each request as a part of their proposal.
The site is an important gateway property that lies adjacent to the waterfront. It is the intention of the Sebastian
CRA to consider certain development that best captures the architectural appeal of the city as an "Old Florida
Fishing Village" as well as develop the property into a vibrant, active, and dynamic keystone site that will further
the CRA's goals and objectives. The development of a mixed use property is expected to serve as a catalyst for
redevelopment. Proposals should consider incorporating in the project, to the maximum extent feasible, the City's
planning objectives and principals including:
• Enhance and connect open space
• Livable approach to streets and uses
• Enhance the CRA Park District
The City of Sebastian maintains a parking -in -lieu trust fund established to receive the fee paid by
developers unable to provide all of the required parking on -site for a project and shall be used only to develop and
maintain public parking within the community redevelopment area. A minimum of 50% of parking is required
onsite. The City is not aware of any known soil or groundwater contamination that may adversely affect
development. The site has been vacant since 2018 and all structures removed as of 2022. An Environmental
Compliance Report and Tank Closure Letter have been included in Exhibit B.
The CRA and the CITY are seeking an experienced and well financed developer that is capable of developing the
Property. The Proposer must first submit a proposal meeting the requirements of this RFP including submitting
detailed elevation drawings or other photos/illustrations and conceptual site development plan. Proposals will
then be evaluated and ranked by the CRA Board. The top ranked proposer will then be invited to negotiate the
terms and conditions of a written project agreement with the CITY. The selection of the top ranked proposer does
not in any way form a contract with the CITY. Rather, it is simply an invitation to commence negotiations with
the CITY to draft a mutually agreeable project agreement which shall be subject to consideration and final
approval by the CITY COUNCIL. No guarantees or representations whatsoever are given by the CITY that the
selected proposer will be able to successfully negotiate a written project agreement with the CITY COUNCIL,
and neither is the CITY obligated or required to provide an executable project agreement. If selected and invited
to negotiate a project agreement, the negotiation period shall not exceed three (3) months and can be terminated at
any time by the CITY COUNCIL. Upon expiration or termination of the negotiations, the CITY COUNCIL may
choose to negotiate with any other proposer or terminate the RFP at the CITY COUNCIL'S sole and absolute
discretion. A contract is formed with the CITY only at such time the CITY COUNCIL and selected proposer
approve and execute the written project agreement. Otherwise, the selected proposer, regardless of the fact that a
proposal was submitted and the parties negotiated, has no rights whatsoever to acquire the subject property and/or
construct a project on the property. Additionally, the selected proposers must be able to commit to begin
construction of the mixed -use development within eighteen (18) months from the date that the site plan is
approved by the CITY.
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PURCHASE AND REDEVELOP 1215 INDIAN RIVER DRIVE
The project agreement is expected to address the agreed upon terms and conditions of the project including, but
not limited to, the proposed conceptual site development plan, building elevations, covenants, conditions, and
restrictions, including covenants running with the land, as the CITY deems necessary or desirable to assist in
preventing the development or spread of future slums or blighted areas or to otherwise carry out the purposes of
this RFP which are to construct a mixed -use development, and such other design, permitting, financial,
development schedules, and construction terms and conditions deemed necessary by the CITY.
The CITY COUNCIL may accept such proposal and negotiate a written agreement as it deems to be in the public
interest and in furtherance of the purposes of the CRA's Redevelopment Plan. The Project Agreement, if
successfully negotiated, shall be subject to such covenants, conditions, and restrictions, including covenants
running with the land, as the CITY COUNCIL deems necessary or desirable to assist in preventing the
development or spread of future slums or blighted areas or to otherwise carry out the purposes of this RFP.
Further, the CRA lacks authority to grant variances, waivers, or other land use approvals in the City of Sebastian,
which is exclusively within the jurisdiction of the Sebastian CITY COUNCIL. Accordingly, proposers should
anticipate that it will be required to negotiate a separate development agreement with the City of Sebastian to
approve conceptual development plans and address other matters for which the CITY COUNCI, retains
exclusive authority, such as vacation of rights -of -ways. Again, no guarantees or representations whatsoever are
given by the City of Sebastian that the selected proposer will be able to successfully negotiate a written
development agreement with the Sebastian CITY COUNCIL, and neither is the City of Sebastian obligated or
required to provide an executable development agreement.
1.5 MINIMUM REQUIREMENTS
Each firm must satisfy the minimum requirements listed below to be considered. Firms that do not meet the
minimum requirements as determined by the City, at its sole discretion, will be deemed non -responsive and
not considered for award. All decisions made by the City are final. All Proposers must demonstrate the
following:
1. Proposer, or at least one of its General Partners, must be operating as the same business entity for a minimum of
five (5) years; and
2. Proven experience of successfully developing properties continuously for a minimum of five (5) years; and
3. Financial ability to provide the proposed redevelopment; and
4. No tax delinquency as an individual or member of a Corporation or Partnership; and
5. No unabated code violations for other properties within the City of Sebastian; and
6. No creation of a non -conforming use.
4.
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PURCHASE AND REDEVELOP 1215 INDIAN RIVER DRIVE
SECTION 2 — PURCHASE AGREEMENT DETAILS
Upon the City Council's acceptance of a proposal, the successful Proposer shall enter into a Purchase Agreement for the
purchase of the property. A sample Purchase Agreement is included as Exhibit "C':
The Agreement will be subject to the following terms:
1) A Special Warranty Deed shall be prepared at the City's expense which states the City is conveying the Property in
"as is" condition. A Title Commitment and/or Insurance shall be procured by the successful bidder, and obtained by
said bidder within thirty (30) days after the effective contract date. Purchaser shall pay the cost thereof as well as the
cost of any update. Purchaser shall have fifteen (15) days from the date of receiving said commitment of title to
examine same. Failure of bidder to timely obtain title information shall not extend the time for closing. If title is found
to be defective due to conditions or restrictions other than those set forth herein, Purchaser shall, within said period,
notify the City Attorney in writing, specifying the defects. If the said defects, other than those set forth herein, and
that the title was obtained by or through a tax deed, render the title unmarketable, the City shall have one hundred
twenty (120) days from receipt of such notice to cure the defects, and if after said period the City shall not have
cured the defects, Purchaser shall have the option of (1) accepting the title as it then is, or (2) demanding a refund of
all monies paid hereunder which shall forthwith be returned to Purchaser, and thereupon the Purchaser and the City
shall be relieved of all further obligations.
2) An updated survey of the property, if desired, shall be obtained and paid for by the Purchaser.
3) State documentary stamps on the deed shall be paid by the Purchaser.
4) Certified, confirmed and ratified special assessment liens shall be paid by the City at the time of closing. The City
represents that there are no pending liens at this time affecting the property which have been made by the City and to
the best of its knowledge, there are no other pending liens affecting the property. However, if at the time of closing
there shall be new or future pending liens, Purchaser shall assume the same.
5) The Purchaser shall pay the cost of recording the deed.
6) The Purchaser shall pay the cost of his/her, or its own attorneys and any title commitment and/or insurance.
7) The deposits will be in good faith and will be deducted from the amount proposed to purchase property to determine
balance due at closing. Ten (10) business days following City Council approval of the negotiated Purchase
Agreement, selected Purchasers deposits are non-refundable.
S) Closins shall be done by a Closing Agent, raid by the Purchaser, and take place within ninetv (90) days from the date
of the Agreement, in the office of the City Attorney or Closing Agent's Office. The time for closing shall be extended
as may be deemed necessary by the City. Should closing not occur within the time frame or any extensions granted,
the City has the right but not the obligation to terminate any and all agreements and retain the property or rebid the
property.
9) The successful Proposer if financing must obtain financing within fifteen (15) days following City Council approval
of the negotiated Purchase Agreement, and evidence shall be provided to the City that financing has been obtained. If
evidence is not provided within the fifteen (15) day time period, the City has the right to either provide an additional
ten (10) working days extension, or terminate the process and move to the next preferred applicant.
10) It is understood and agreed that the terms of the RFP documents, proposal submission with proposed use and
Purchase Agreement survives after Closing. The Purchase Agreement shall survive the conveyance of title,
particularly with respect to any act or event which may take place after such conveyance and which affects the rights
of the parties hereto.
11) The City has not employed any Real Estate Brokers in connection with the sale of the property being offered herein,
nor is it in any way liable or responsible for any real estate brokerage or other similar commission claimed as the
result of any sale made of the property herein offered.
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SECTION 3 — PROPOSAL FORMAT & REQUIREMENTS
The Proposal shall be limited to no more than twentv (20) gages (NOT including the required forms listed in Section 3.9.)
Any responses exceeding twenty (20) pages, NOT including the required forms, will be considered non -responsive and
not considered for award. You are expected to use Tabs dividing each section (tabs will not be included/counted in the
twenty (20) pages).
3.1 COVER LETTER
Proposer shall submit a letter of interest signed by an authorized representative that can contractually obligate
and bind the firm. The Proposer or authorized representative is attesting that the information provided is current
and factual.
The letter shall include:
• Date
• Proposers Information (history, length of existence & business structure)
• Representatives Contact Information (telephone number and email address)
• Proposer's federal taxpayer identification number
• Confirmation of Proposer meeting ALL minimum requirements listed above in Section 1.5.
• Type of ownership, if applicable (small business, small disadvantaged business or women -owned business)
• A detailed description of the nature and status of any pending or completed litigation claims made, contract
disputes, alleged defaults and liens arising in connection with the performance of any services by your
company or by current or former members of your firm, within the last three years. If proposer intends to
utilize subcontractors or sub -consultants, provide similar information for the subcontractors/sub-consultants.
3.2 TABLE OF CONTENTS
Include a clear identification of the materials included in the Proposal by numbering them and providing the
proper page number.
QUALIFICATIONS (TAB 1)
3.3 PROPOSER QUALIFICATIONS
• A detailed summary of the developer's experience in the acquisition and development of CWR or mixed -use
development.
• A brief description of at least three (3) most comparable projects that has been successfully developed.
Provide the name, address, photographs, and references.
NOTE: The use of past project photos, renderings and graphics are highly encouraged.
3.4 TEAM QUALIFICATIONS
• Team members and credentials
• include information for the proposed Master Planner, Architect, or Contractor for the project
• Provide up to two comparable projects undertaken, as part of this team or separately by each professional.
(Note which projects the professional consultants and contractors provided the services on behalf of the
Proposer).
• Team credentials include, but are not limited to, specialized qualifications, education and experience. Brief
background outlining relevant work performed within the last five (5) years. Provide the Florida registration
numbers of professional personnel. Resumes shall not exceed one (1) page per person, if applicable.
PROPOSED USE (TAB 2)
3.5 PROPOSED USE OF SITE
• Describe the proposed use of the site.
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• Include conceptual plans, elevations, renderings, etc. Anticipated square footage per use, estimated parking
counts, and number of stories in proposed structures, if applicable.
• A conceptual site development plan, drawn to scale, evidencing that the plan will satisfy current zoning
requirements for a "Commercial/Mixed-Use building type, to the extent that a development agreement is
approved, and the planning objectives of the Sebastian CRA Master Plan, and overlay performance criteria.
• Colored renderings of the site and front, back and side elevations of building (s) and decorative structures
such as hardscape features and entrance signs.
• Describe the organization and future plans of the proposed end users of the site; include information on past
and future business operations of the user. Provide market -based data supporting demand and feasibility as
well as estimated rental rates/sales prices (if applicable).
3.6 PROPOSED COMPLETION TIME
• Describe proposed completion time for this redevelopment, outline time frames for site planning, permitting,
construction, etc.
FINANCIAL REOUIREMENTS (TAB 31
3.7 FINANCIAL ABILITY
• Provide sufficient evidence of having, or the ability to secure within fifteen (15) days of award, financial
resources to complete the proposed project in a timely fashion and provide long-term financial support to the
project after built.
• Fundinu Mechanism. Explain the proposed funding mechanism amount (i.e. how the redevelopment will be
funded) timeframe and terms. The applicant is responsible for all building and other permits and fees which
are associated with the proposed project unless otherwise contractually noted. Prospective bidders may submit
bank documents that support their application.
• Reauested Waivers. A summary of any relief to be proposed from the Land Development Code or the
Riverfront Overlay District for items such as building size, height, coverage, material finishes, parking
requirements, or landscaping; or a summary of any relief to be proposed from fees associated with site plan
review of the property.
• Proposed Purchase Price. A summary statement of the proposed purchase price for the subject property.
NOTE: This evidence can be shown by the Proposer's audited or compiled financial statements, or signed letters
from banks or equity sources with verifiable funds to complete the project. Such letters must be on bank or equity
source letterhead and include details of the financial entity's experience in working with the Proposer on similar -
sized or larger projects and their willingness to consider funding the proposed project subject to successful
negotiations and due diligence.
3.8 CONFIDENTIAL INFORMATION:
Pursuant to section 119.071, Florida Statutes, any financial statements that the City requires to be submitted may
be exempt from the Public Records Law. Therefore, any submitted financial statements that the Proposer
wishes to remain confidential shall be submitted in a sealed opaque envelope and marked "Confidential
Financial Statement Enclosed." By submission of a response to this RFP the proposer agrees to indemnify and
hold the City harmless should any information marked as confidential knowingly or unknowingly be released as
the result of a public records request.
REOUIRED FORMS (TAB 4)
3.9 FORMS
All Forms required by the RFP shall be fully executed by the Proposer and submitted. Refer to Section b.
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SECTION 4 — EVALUATION PROCESS
During the evaluation process and until an award has been made by City Council, Proposers are prohibited from
discussing anvthin2 concernine this RFP with Citv staff, anv member of the Evaluation Committee or Citv
Council.
4.1 EVALUATION CRITERIA
The City reserves the right to reject any and all proposals, or to accept any proposal or portion thereof
deemed to be in the best interest of the Citv, and to waive any non -substantial irregularities.
4.2
The Best Value Evaluation System is a subjective process that reviews all proposals to determine which proposal
provides the best value to the City. The establishment, application and interpretation of the evaluation criteria
below shall be solely within the discretion of the Citv. Weight for each criterion is shown below. Evaluators will
be responsible for giving a score (04), see Scale below for point determination.
Scale
0 (0%) — Non -Responsive
1 (25%) — Missing/Lacking/Insufficient Evidence Provided
2 (50%) — Partial/Basic Evidence Provided
3 (75%) — Sufficient/Adequate/Appropriate Evidence Provided
4 (100%) — Exceeds/Outstanding/High Level Evidence Provided
Company & Team Qualifications (10 POINTS) - Years of experience, past projects and credentials will be
considered.
Proposed Use & Completion Time (10 POINTS) - The site lies within the CWR zoning district, which allows for a
variety of both commercial and residential uses. A specific timeline and schedule must be included, with additional
considerations given for economic and taxable values based on the proposed use.
Financial Ability (15 POINTS) - Demonstrate the ability to finance, as well as promote the likelihood of future
viability with the proposed site.
Conforms to Master Plan and District Overlays (30 POINTS) - Specific redevelopment shall meet the goals and
objectives found in the CRA Master Plan and the Riverfront Overlay District guidelines.
Purchase Price (35 POINTS)
The following attachments can be found at
httus://weblink. citvofsebastian.orv/W ebLink/Browse.asnx.?id=236137&dbid=0&reno=City:
• City of Sebastian's Community Redevelopment Master Plan
• City Comprehensive Plan 2040
• CWR Zoning District
• Riverfront Overlay District Regulations
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4.2.1 All proposals submitted on time will first be reviewed by the Procurement Division to determine responsiveness to
confirm minimum requirements are met.
4.2.2 The CRA Board shall act as the Evaluation Committee and independently review and evaluate all responsive
proposals received based on the criteria above and discuss their evaluation at the initial Evaluation Committee
Meeting. With consensus of the Evaluation Committee, either a recommendation for award will be made to City
Council or a request for the top ranked sums to give oral presentations may be made. The City reserves the right,
at its sole discretion, to waive immaterial irregularities in proposals if in the best interest of the City. The City
reserves the right to determine, at its sole discretion, whether the criterion is satisfactorily met based on the
Scale established in this REP. The City reserves the right to seek clarification from any Proposer(s).
4.3 AWARD
The purpose of this RFP is to award one (1) Purchaser, to purchase the referenced property mentioned above in Section
1.1., Scope of Services. It is most common, not guaranteed, that the Proposer(s) who scores the highest number of points
will be recommended to City Council for award. The City reserves the right to accept or reject any or all proposals
deemed as not responsive. The City reserves the right to cancel this RFP and re -solicit or not re -solicit as
determined to be in the City's best interests.
SECTION 5 — GENERAL CONDITIONS
5.1 CONE OF SILENCE
Potential Proposers shall not communicate in any way with City staff, CRA Board or the City Council other than
the primary contact listed herein. This restriction shall be effective from the time of advertisement until an award
is made by the City Council. Such communication may result in disqualification.
5.2 ADDENDA
Addenda may be issued in response to any inquiry received by the Question/Answer deadline date and time
specified herein or to provide revisions, additions, deletions, clarification, etc. Addenda shall become part of and
have precedence over anything shown or described otherwise. If not mentioned in the addenda, all other
documents, specifications, drawings, terms and conditions remain the same. It is the Proposer's responsibility
to ensure receipt of all addenda and acknowledge all addenda issued. Where there appears to be a conflict
between Solicitation and any addenda, the last addendum issued shall prevail.
5.3 CONFIDENTIAL INFORMATION
Pursuant to Section 119.071, Florida Statutes, if there is any of the information contained in a response that a
Proposer feels is "confidential" and exempt from the Public Records Law (i.e. financial statements), the Proposer
must in the response specifically identify the material which is deemed to be exempt and cite the legal authority
for the exemption, otherwise, the City will treat all materials received as public records. Therefore, any
submitted financial statements that the Proposer wishes to remain confidential shall be submitted in a
sealed opaque envelope and marked "Confidential Financial Statement Enclosed." By submission of a
response to this RFP the proposer agrees to indemnify and hold the City harmless should any information marked
as confidential knowingly or unknowingly be released as the result of a public records request.
5.4 OUESTIONS AND/OR REOUESTS FOR CLARIFICATION
Any questions and/or requests for clarification regarding this Solicitation shall be submitted in writing to the
Procurement/Contracts Manager via email at dwixon(ibcitvofsebastian.org. Proposers must clearly understand that
the only official answer or position of the City will be the one issued by the Procurement/Contracts Manager via
an Addendum.
The Solicitation number and title shall be referenced on all correspondence, include locating information for each
question in order to ensure that questions asked are responded to correctly. All questions must be received no later
than the time and date specified in the RFP. All responses to questions/clarifications will be published in the form
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of an Addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER DEADLINE
STATED HEREIN. Addendum(s) will be made available on the City's website, DemandStar.com and
VendorLink.com and it is the Proposer's sole responsibility to assure receipt of all (if any) Addenda.
5.5 PROPOSALS NOT CONSIDERED
Proposals not considered are late submissions, telegraphed, emailed or faxed proposals and proposals which do
not conform to the instructions contained in the Request for Proposals. However, Proposals may be withdrawn by
fax or email, provided that such notices are received prior to the Solicitation Opening date and time and
confirmed by a telephone call.
5.6 LATE PROPOSALS
Late Proposals will not be opened. Proposers have the option of picking up or paying for the mailed return of
the unopened Proposal. If this option is not exercised within five (5) days of the solicitation due date, the late
unopened Proposal will be disposed.
5.7 PROPOSAL GUARANTEE
The Proposer warrants that the unit prices, terms, and conditions quoted in the proposal will be firm for
acceptance for a period of not less than one -hundred twenty (120) days from the solicitation opening date. Such
unit prices, terms and conditions will remain firm for the contract period.
5.8 SEALED PROPOSALS
Proposals shall be enclosed in a sealed envelope which shall show (lower left corner) the Proposer's name and
address, RFP number and title, along with the solicitation due date and time. The Proposal shall be submitted no
later than the solicitation due date and time mentioned on the Request for Proposal. The City may choose
whether to open any proposals that are not clearly marked at the City's sole discretion and will not be held
responsible for not opening any Proposals that are not clearly marked. Proposals shall be handwritten or
typed with (black or blue) ink. Any erasures or corrections must be initialed by the Proposer in blue ink.
Handwritten submissions must be legible. Proposals shall be submitted to City Hall. 1225 Main Street
Sebastian. FL 32958. Pronosals that are submitted to other locations or delivered to the wrong location
may not be considered. It shall be the sole responsibility of the proposer to ensure their proposal is at the
proper location and at the time specified in the proposal documents.
5.9 RFP OPENING
Proposers are welcome to attend the solicitation opening; however, attendance is not mandatory. Proposals shall
be opened and publicly announced on the date, time and location specified on the Request for Proposal, unless
otherwise stated in the form of an addendum. Proposals received will be posted within thirty (30) business days to
DemandStar.com, Vendorlink.com and the City's website.
5.10 PROPOSAL EXAMINATION
In accordance with Chapter 119, Florida Statutes, solicitation files will be made available for public inspection at
the time the City posts notice of its decision or intended decision concerning contract awards, or thirty (30) days
after the solicitation opening, whichever is earlier. Solicitation files may be examined during normal working
hours, by appointment only, by contacting the City Clerk's office at 772-589-5330.
5.11 INDEMNIFICATION/HOLD HARMLESS
The CONTRACTOR shall indemnify, defend and hold harmless the CITY, and its officers and employees, from
all claims, demands, liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys'
fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the
CONTRACTOR and other persons employed or utilized by the CONTRACTOR in the performance of the
agreement; regardless of the negligence of the indemnitee or its officers, directors, agents, or employees.
However, such indemnification shall not include claims of, or damages resulting from, gross negligence, or
willful, wanton or intentional misconduct of the indemnitee or its officers, directors, agents or employees. Upon
request of the CITY, the CONTRACTOR shall, at no cost or expense to the CITY, indemnify and hold the CITY
harmless of any suit asserting a claim for any loss, damage or liability specified above, and CONTRACTOR shall
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pay any cost and reasonable attorneys' fees that may be incurred by the CITY in connection with any such claim
or suit or in enforcing the indemnity granted above. Nothing in this agreement shall be construed as the CITY
waiving its sovereign immunity pursuant to 768.28, et seq., Florida Statutes, or any other sovereign or
governmental immunity. This provision shall survive the termination of this bid.
5.12 REJECTION OF PROPOSALS
The City reserves the right to reject any and all Proposals, to waive any and all informalities not involving price,
time, or changes in the work, and to negotiate contract terms and conditions with the top ranked Proposer IAW
F.S. 287,055(5), and the right to disregard all non -conforming, non -responsive, imbalanced, or conditional
Proposals. More than one Proposal from an individual, firm or association under same or different names, will not
be considered. Any or all Proposals will be rejected if there is reason to believe that collusion exists among the
Proposers, and no participants in such collusion will be considered in future Proposals for the same work.
5.13 CORRECTIONS. CANCELLATION. & WITHDRAWAL
Proposers may be asked to provide further information after the solicitation opening to determine the
responsibility of the vendor.
5.13.1. Waiver of Technicality: Information shall not be considered after the bid opening if it has been
specifically requested to be provided with the Proposal as this becomes a matter of responsiveness. The
Proposal shall be considered responsive if it substantially conforms to the requirements of the RFP. The
City may waive any informality, technicality, or irregularity on any bid. A minor or non -substantive
lack of conformity may be considered a technicality or irregularity which may be waived by the City.
5.13.2. Mathematical Errors: Errors in extension of unit prices or in mathematical calculations may be
corrected. In cases of errors in mathematical computations, the unit prices shall not be changed.
5.13.3. Cancellation or Postponement: The City may cancel or postpose the solicitation opening or cancel the
RFP in its entirety prior to award.
5.13.4. Withdrawal: Prior to any published bid opening date and time, a Proposer may withdraw his or her
Proposal in writing. A fax or email is permitted for this purpose, provided it is confirmed by a
telephone call.
5.13.5. Amendments: Prior to the published Solicitation Opening date and time, a Proposer may amend the
Proposal provided that it is in writing, in a sealed envelope, and identified.
5.14 EXCEPTIONS TO SPECIFICATIONS
Request for exceptions to the specifications shall be listed in the proposal and shall reference the section. Any
exceptions to the General or Special Conditions may be cause for the proposal to be considered non -responsive.
5.15 SUBCONTRACTORS AND EMPLOYEES
The Proposer is required to identify any and all Sub -consultants and/or suppliers and/or material men that will be
used in the performance of the proposed Agreement and to clearly identify in their Proposal the percentages of
Work to be performed by their Sub -consultants.
5.16 RFP AWARD
The contractlagrcement will be awarded to the most responsive and responsible Proposer(s) whose proposal,
conforming to the specifications and terms the City considers is most advantageous. The Procurement/Contracts
Manager shall issue a Notice of Award to the successful Proposer and post the results on the City's website and
DemandStar.
5.17 WAIVER OF IRREGULARITIES
The City may waive minor informalities or irregularities in Proposals received where such is merely a matter of
form and not substance, and the correction or waiver of which is not prejudicial to other Proposers. Minor
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irregularities are defined as those that will not have an adverse effect on the City's interest and will not affect the
price or terms of the Proposal by giving a Proposer an advantage or benefit not enjoyed by other Proposers.
5.17.1. In no event will any such elections by the City be deemed to be a waiving of the required criteria for the
requested services.
5.17.2. The Proposers who are selected for the Project will be required to fully comply with the Project criteria,
regardless that the Solicitation may have been based on a variation.
5.17.3. Proposers shall identify separately all innovative aspects as such in the technical Solicitation. Innovation
should be limited to Proposers means and methods, approach to Project, use of new products, and new
uses for established products.
5.18 COUNCIL MEETING
The awarded Proposer must be available to attend City Council meetings, when required. The awarded Proposer
must be prepared to answer any questions and/or provide a presentation if requested by City Council and/or
authorized by City representative(s). The date and time of the City Council meeting will be publicly noticed.
5.19 SALES TAX
Although the City of Sebastian is exempt from Federal and State Sales and Use taxes, Contractors or Vendors
doing business with the City are not exempted from paying said taxes to their supplier for goods or services
purchased to fulfill the contractual obligations with the City, nor shall any Contractor or Vendor be authorized to
use the City's Tax Exemption Number in securing such materials.
5.20 TERMINATION FOR CAUSE OR CONVENIENCE -
The agreement resulting from this RFP can be terminated immediately for cause if Contractor is found to have
failed to perform services in a manner satisfactory to the City; or for convenience upon thirty (30) days' written
notice to the Proposer. In the event of either termination, the Proposer shall be compensated for all services
performed to the City's satisfaction. The City shall be sole judge of non-performance.
5.21 DISCRIMINATION
The Proposer shall not practice or condone personnel or supplier discrimination of any nature
whatsoever, in any manner proscribed by Federal or State of Florida laws and regulations. The City of
Sebastian will not knowingly do business with vendors, proposers, or contractors who discriminate on
those protected by state and federal law. Through the course of providing services to the City,
Proposers/Contractors shall affirmatively comply with all applicable provisions of Title VI of the Civil
Rights Act of 1964, the Civil Rights Restoration Act of 1987 and the Florida Civil Rights Act of 1992,
as well as all other applicable regulations, guidelines and standards. Any person who believes their
rights have been violated should report such discrimination to the City.
5.22 PUBLIC RECORDS
Section 119.01 Florida Statutes, The Public Records Law, provides that municipal records shall at all times be
open for personal inspection by any person. Information and materials received by the City in connection with all
Proposers' responses shall be deemed to be public record subject to public inspection and copying at the time the
City posts notice of its decision or intended decision concerning contract awards, or thirty (30) days after the
solicitation opening, whichever is earlier.
IF THE PROPOSER/CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS CONTRACT, CONTACT JEANETTE WILLIAMS, THE CITY
CLERK AND CUSTODIAN OF PUBLIC RECORDS AT 772-388-8215 1 EMAIL
iwilliams(u,citvofsebastian.ore CITY OF SEBASTAIN, 1225 MAIN STREET, SEBASTIAN, FLORIDA
32958.
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5.23 PUBLIC MEETING EXEMPTIONS
In accordance with Fla. Stat. §286.0113, any portion of a meeting in which (1) negotiations with a vendor is
conducted as part of the "competitive negotiation" process AND/OR (2) a vendor makes an oral presentation or
answers questions as part of the "competitive solicitation" process, are exempt from public meeting requirements
The City will post notice of its decision or intended decision concerning contract awards, or thirty (30) days after
the solicitation opening, whichever is earlier. Any portion of a committee meeting at which negotiation strategies
are discussed is exempt.
A complete record shall be made of any portion of an exempt meeting; no portion may be held off the record. The
recording of and any records presented at the exempt meeting are exempt from Fla. Stat. § 119.071 until such time
as the City posts notice of its decision or intended decision concerning contract awards, or thirty (30) days after
the solicitation opening, whichever is earlier, at which point the complete record becomes public and subject to
Section 119.01 Florida Statute, The Public Records Law.
5.24 PROTEST PROCEDURE
Any Bidder/Proposer who is aggrieved in connection with a competitive selection process may protest to the
Procurement/Contracts Manager. The protest shall be submitted in writing within three (3) calendar days after the
Bidder/Proposer knows or should have known of the facts giving rise to the protest. Failure of the Proposer to file
a timely formal written Protest within the specified time period shall constitute a waiver by the Proposer of all
rights to Protest. The formal written Protest must provide documentation which shall specify in detail the nature
of the grievance and the grounds upon which any relief, modification or change is based. If the protest is not
resolved by mutual agreement or if the protestor disagrees with the decision of the Procurement/Contracts
Manager, the protestor may appeal the decision to the City Manager and/or City Council, within seven (7)
calendar days of initial decision.
Stav of Procurement — In the event of a timely and properly filed protest, the Procurement/Contracts Manager
shall not proceed further with the solicitation or award until all administrative remedies have been exhausted, or
until the City Manager or City Council, as appropriate, makes a determination on the record that the award of a
contract is necessary to protect substantial interests of the City.
SECTIONS BELOW REFERENCED ON FORM F - NOTIFICATIONS AFFIDAVIT
5.25 CONFLICT OF INTEREST
The resulting agreement is subject to the provisions of Chapter 112, Florida Statutes. All
Proposers/Contractors/Consultants must disclose within their bid/proposal to the City of Sebastian the name of
any officer, director, or agent who is also an employee of the City of Sebastian (hereinafter the "City").
Furthermore, all Proposers/Contractors/Consultants must disclose the name of any City employee who owns,
directly or indirectly, an interest of more than five percent (5%) in the firm of any of its branches. Please submit
to the City all information on any potential conflict of interest related to provision of the goods or services
requested in this Solicitation.
The purpose of this disclosure is to give the City the information needed to identify potential conflicts of interest
for evaluation by the team members and other key personnel involved in the award of this contract. The term
"conflict of interest" refers to situations in which financial or other personal consideration may adversely affect,
or have the appearance of adversely affecting, an employee's professional judgment in exercising any City duty or
responsibility in administration, management, instruction, research, or other professional activities.
5.26 NO LOBBYING
All Proposers/Contractors/Consultants or and its officers, partners, owners, agents, representatives, employees or
parties in interest are hereby placed on notice that any communication, whether written or oral, with City of
Sebastian elected officials or any other staff or outside individuals working with the City in respect to this request
(with exception of the Procurement Division personnel designated to receive requests for interpretation or
corrections) is prohibited. These persons shall not be lobbied, either individually or collectively, regarding any
request for bid, proposals, qualifications and/or any other solicitations released by the City of Sebastian. To do so
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is grounds for immediate disqualification from the selection process. The selection process is not considered
final until such time as the CRA Board and City Council have made a final and conclusive determination.
5.27 NO COLLUSION
Proposer/Contractor/Consultant and its officers, partners, owners, agents, representatives, employees or parties in
interest, swears and attests that it is fully informed respecting the preparation and contents of the attached
Solicitation, and of all pertinent circumstances respecting the provision of the goods or services to the City of
Sebastian. The Proposal, offer or submittal being made is genuine and is not collusive or a sham.
By submitting a response to this RFP, Proposer certifies that all information contained in the submittal is
truthful to the best of their knowledge and belief. Proposer further certifies, under oath, that this submittal
is made without any colluded, conspired, connived or agreed, directly or indirectly, with any other firm,
person or corporation responding to this solicitation for the same product or service.
5.28 04MIGRATION LAWS
The City will not intentionally award City contracts to any Firm who knowingly employs unauthorized alien
workers, constituting a violation of the employment provisions contained in an 8 U.S.C. Section 1324 a(e)
(Section 274A (e) of the Immigration and Nationality Act ("INA"). Refer to E-Verify Acknowledgment in
solicitation documents.
5.29 DRUG -FREE WORKPLACE
In accordance with Florida Statute Section 287.087, Proposer/Contractor/Consultant certifies that the following:
(1) A written statement is published notifying that the unlawful manufacture, distribution, dispensing, possession
or use of a controlled substance is prohibited in the workplace named above and specifying actions that will
be taken against violations of such prohibition.
(2) Employees are informed about the dangers of drug abuse in the work place, the firm's policy of maintaining a
drug free working environment, and available drug counseling, rehabilitation, and employee assistance
programs, and the penalties that may be imposed upon employees for drug use violations.
(3) Employees are notified that as a condition of working on the commodities or contractual and will notify the
employer of any conviction of, plea of guilty or nolo contendere to, any violation of Chapter 1893, or of any
controlled substance law of the State of Florida or the United States, for a violation occurring in the work
place, no later than five (5) days after such conviction, and requires employees to sign copies of such written
(*) statement to acknowledge their receipt.
(4) Requires 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.
(5) Makes a good faith effort to continue to maintain a drug free work place through the Implementation of the
drug free workplace program.
(6) Gives each employee engaged in providing commodities or contractual services that are under bid or
proposal, a copy of the statement specified above.
5.30 PUBLIC ENTITY CRIMES
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.
"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 contenders.
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"Affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means:
(I) A predecessor or successor of a person or a corporation 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, or
(3) Those officers, directors, executives, partners, shareholders, employees, members, and agents who are active
in the management of an affiliate, or
(4) A person or corporation who knowingly entered into a joint venture with a person who has been convicted of a
public entity crime in Florida during the preceding 36 months.
Proposer certifies that neither the entity submitting, nor any of its officers, directors, executives, partners,
shareholders, employees, members or agents who are active in management of the entity, nor any affiliate
of the entity have been charged with and convicted of a public entity crime subsequent to July 1,1989.
Where the Proposer is unable to certify to all of the statement above, Proposer shall attach an explanation to this
submittal.
5.31 DEBARMENT AND SUSPENSION
Proposer certifies to the best of its knowledge and belief that it and its principals:
a. Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
b. Have not within a three-year period preceding this application been convicted of had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State, or Local) transaction or contract under a
public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen
property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this
certification; and
d. Have not within a three-year period preceding this application had one or more public transactions
(Federal, State or local) terminated for cause or default.
e. Proposer must submit their Company Profile Page from SAM with their proposal.
f. City of Sebastian will not make an award to parties listed on the government -wide exclusions in the
System for Award Management (SAM).
Where the Proposer is unable to certify to all of the statements above, Proposer shall attach an explanation to this
submittal.
5.32 SCRUTINIZED VENDOR
Proposer certifies under penalties of neriurv. as of the date of this solicitation to provide goods and/or services to
the City of Sebastian. that it:
(1) Does not participate in a boycott of Israel; and
(2) Is not on the Scrutinized Companies that Boycott Israel List; and
(3) Is not on the Scrutinized Companies with Activities in Sudan List; and
(4) Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and
(5) Has not engaged in business operations in Cuba or Syria.
Submitting a false certification shall be deemed a material breach of contract. The City of Sebastian shall provide
notice, in writing, to the Contractor of the City's determination concerning the false certification. The Contractor
shall have ninety (90) days following the receipt of the notice to respond in writing and demonstrate that the
determination of false certification was made in error. If the Contractor does not demonstrate that the City's
determination of false certification was made in error then the City shall have the right to terminate the contract
and seek civil remedies pursuant to Florida Statute § 287.135.
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Section 287.135, Florida Statutes, generally prohibits state agencies and departments, and local government
entities from: 1) Contracting with companies for goods or services in any amount if at the time of bidding on,
submitting a proposal for, or entering into or renewing a contract if the company is on the Scrutinized Companies
that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of
Israel; and 2) Contracting with companies, for goods or services over $1,000,000.00 that are on either the
Scrutinized Companies with Activities in Sudan List, or the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statute, or have been engaged in
business operations in Cuba or Syria.
SECTION 6 — REQUIRED FORMS
PROPOSAL CHECKLIST
Please use the following checklist as a reference to confirm all requirements are met in your RFP Proposal.
The bid shall be limited to no more than twenty (20) pages (NOT including required forms). Anv responses exceeding
twentv (20) Daaes. NOT including the reauired forms. will be considered non -responsive and not considered for award.
You are expected to use Tabs dividing each section (tabs will not be included/counted in the twenty (20) pages).
Cover Letter (Refer to Section 3.1)
Table of Contents (Refer to Section 3.2)
TAB I - QUALIFICATIONS
Company Qualifications (Refer to Section 3.3)
Team Qualifications (Refer to Section 3.4)
TAB 2 - PROPOSED USE
IProposed Use of Site (Refer to Section 3.5)
Proposed Completion Time (Refer to Section 3.6)
TAB 3 - FINANCIAL REQUIREMENTS
Financial Ability (Refer to Section 3.7)
TAB 4 - REQUIRED FORMS (Refer to Section 6)
Contact Information Sheet — FORM A
Addenda Acknowledgment — FORM B
Proposed Purchase Price - FORM C
Proposer's Disclosure — FORM D
E-Verify Acknowledgement — FORM E
Notifications Affidavit — FORM F
Minority, Women and Disabled -Owned Business Concern Representation — FORM G
Please be advised that this checklist should not be interpreted as a comprehensive list of all information rewired by
this Solicitation from prospective Bidders. It simply serves as a reference or guide for the most significant documents to
be included in the bid and should be enhanced as deemed necessary. It is solely the Bidder's responsibility to read and
understand all requirements and adhere to all issued Addenda.
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MAILING LABEL
Proposer must submit proposal in a sealed envelope/box/container:
One (1) original proposal, including the deposit is required.
Eight (8) copies of the proposal are required.
One (1) USB with an electronic version is required.
Cut along the outer border and affix this label to the sealed envelope/box/container to identify the submission as a
Sealed Proposal.
SEALED RFP • DO NOT OPEN
SOLICITATION I RFP 23-08
#:
SOLICITATION Sale of City -Owned Property "1215 Indian River]
TITLE: rive" (Former Harbor Lights Motel)
DUE Friday, July 21, 2023 @ 2:00 PM EST
DATEITIME:
SUBMITTED
BY:
Proposer's Name
Proposer's Address
Proposer's Address
City of Sebastian
ATTN: Procurement Division
DELIVER TO: 1225 Main Street
Sebastian, Florida 32958
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FORM
A
RFP #23-08
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Proposals due by 2:00 PM EST on
PURCHASE AND REDEVELOP 1215 INDIAN RIVER DRIVE
CONTACT INFORMATION SHEET
Friday, July 21, 2023
411physical, in person submissions must he delivered
or mailed to:
City of Sebastian
ATTN: Procurement Division
1225 Main Street
Sebastian, Florida 32958
Check Addenda for revised due dates before
submitting your Bid. Late Bids will not be
accepted.
SOLICITATION RELEASE
NO.: DATE:
RFP 23-08 05/22/2023
SOLICITATION TITLE:
CONTACT:
Don Wixon
Procurement/Contracts
Manager
(772)388-8231
Sale of City -Owned Property "1215 Indian River Drive"
(Former Harbor Lights Motel)
Firm's Name and "Doing Business As", if applicable:
Address:
City:
Telephone No:
E-Mail Address of Authorized Representative:
MINIMUM REQUIREMENTS
State:
IFax No:
IFederal Tax
Number:
Identification
'Lip Code:
Firms that do not meet the minimum requirements as determined by the City, at its sole discretion, will be
deemed non -responsive and not considered for award (refer to page 6, Section 1.5). By placing a checkmark
next to each requirement, Proposer is confirming the requirement is met.
€ Proposer, or at least one of its General Partners, must be operating as the same business entity for a minimum
of five (5) years; and
€ Proven experience of successfully developing properties continuously for a minimum of five (5) years; and
€ Financial ability to provide the proposed redevelopment; and
€No tax delinquency as an individual or member of a Corporation or Partnership; and
BID/PROPOSAL CERTIFICATION
I certify that I have carefully examined the RFP document and associated documents, including Addenda,
accompanying or made a part of this solicitation. I further certify that all information contained in this proposal
is truthful to the best of my knowledge and belief and that I am duly authorized to submit this proposal on
behalf of the company named above and that the company is ready, willing, and able to perform if awarded.
Printed Name Title
The City reserves the right to reject any and all proposals, or to accept any proposal or portion thereof deemed
to be in the best interest of the Citv, and to waive any non -substantial irregularities.
Failure to fully complete and submit this Information Sheet may result in reiection of the submittal..
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ADDENDA ACKNOWLEDGEMENT
Proposer's Name:
Proposer shall indicate below all Addenda received. Acknowledgement confirms receipt and understanding of issued Addenda.
Proposer understands that failure to acknowledge any addenda issued may cause their proposal to be considered non-
responsive. To confirm the number of addenda (if any), Proposer may contact the Procurement Division at (772) 388-8231.
IADDENDDUM # DATE
RECEIVED
1
2
3
4
5
6
7
8
9
10
No Addenda was received in connection with this solicitation.
Signature: Title:
Print Name: Date:
Failure to fuliv complete. sien and submit this Form may result in reiection of the submittal
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PROPOSED PURCHASE PRICE FORM
herein called the Buyer(s), hereby offer(s) and agree(s) to purchase
from the City of Sebastian, a Municipal Corporation, hereinafter called the City, at the price subject to the terms,
conditions, reservations, restrictions, and covenants herein stated, (see attached(s)), and easements, encumbrances and
other matters of record, and to all zoning, building or other Laws or Ordinances, the following described property.
In order to constitute an acceptable offer to purchase, all information requested below must be provided. The form must
be submitted with proposal.
Proposer's Name:
Proposer's Address:
City, State, Zip:
Phone Number:
Email Address:
Insert in the "Proposed Purchase Price" column, the total amount you agree to pay for the property. Entries must be typed
or clearly printed in ink. Use of erasable ink is not permitted. Strikeovers, changes, and corrections by the Proposer must
be initialed. Questionable entries will be rejected.
ADDRESS PROPOSED PURCHASE PRICE
1215 Indian River Drive
Sebastian, FL 32958
INTENDED USE {PLEASE11 Residential Commercial H
Mixed Use
CHECK)
PROPOSER'S ACKNOWLEDGMENT
The Proposer understands that information contained on this Proposed Purchase Price Form is to be relied upon by the
City of Sebastian in awarding the specified RFP, and such information is warranted by the Proposer understands that the
City has the right to verify the information submitted and to seek any additional information relating to the Bidder's
qualifications. The discovery of any misstatement, which in the sole opinion of the City materially affects the Proposer's
qualifications to perform, shall cause the rejection of the Proposal, and if after the award, to cancel the sale of agreement.
The Proposer acknowledges that the deed will include a clause stating that the property reverts to the City of Sebastian if
substantial compliance with the provisions of the proposal is not met according to an agreed upon timeline.
Signature: Title:
Print Name: Date:
Failure to fullv complete. sign and submit this Form may result in resection of the submittal
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501ASW6N
HOME OF PELICAN ISLAND
FORM
D
RFP #23-08
PURCHASE AND REDEVELOP 1215 INDIAN RIVER DRIVE
PROPOSER'S DISCLOSURE FORM
The undersigned certifies under oath the truth and correctness of all statements and all answers to questions made
hereinafter. Additional sheets may be attached if required.
Proposer's Name:
Address:
Contact Person:
Title:
Phone No.:
Email Address:
Federal Identification No.:
This Business is: (} An Individual O A Partnership O A Corporation
Proposer's License No., i a livable:
*Attach certificate of status, competency, and/or state registration
(1) Has your firm or any of its officers, received a reprimand of any nature or been suspended by the
Department of Professional Regulations or any other regulatory agency or professional association within
the last five (5) years? YES ❑ NO
(2) Has your firm, or any member of your firm, been declared in default, terminated or removed from a
contract or job related to the services your firm provides in the regular course of business within the last
five (5) years? YES 0 NO
(3) Has your firm had against it or filed any request for equitable adjustment, contract claims, bid protest, or
litigation in the past five (5) years that is related to the services your firm provides in the regular course of
business? YES ❑ NO ❑
(4) Describe each affiliation or business relationship with an employee, board member, elected official(s) or an
immediate family member of any such person of the City of Sebastian. If none, write NONE.
(5) Describe ANY other affiliation or business relationship that may cause a conflict of interest. If none, write
NONE.
If yes, state the nature of the request for equitable adjustment, contract claim, litigation, or protest, and state a brief
description of the case, the outcome or status of the suit and the monetary amounts or extended contract time involved.
■ a ■ a ■ ■ ■ ■ ■ ■ ■ ■ a ■ a a a a ■ ■ a ■ a a a a ■ ■ ■ a ■ ■ ■ a a ■ a ■ a ■ a ■ ■ ■ a ■ ■ ■ ■ ■ ■ l ■ ■ f ■ ■ ■ a ■ ■ ■ ■ ■ a ■ ■ ■ ■ ■ ■ a ■ a a a ■ ■ a ■ ■ ■ ■ 1 ■ ■ ■ ■ a ■ 1
CONTINUED NEXT PAGE
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RFP #23-08
HOME OF PELICAN ISLAND
PURCHASE AND REDEVELOP 1215 INDIAN RIVER DRIVE
I hereby certify that all statements made are true and I agree and understand that any misstatement or misrepresentation
or falsification of facts shall be cause for forfeiture of rights for_further consideration of this proposal for the City of
Sebastian.
Signature
Date
Failure to fullv complete, sign and submit this Disclosure may result in reiection of the submittal
Page 26 of 31 52 of 562
FORM
E RFP 423-08
E-VERIFY ACKNOWLEDGMENT
Effective January 1, 2021, public and private employers, contractors and subcontractors will be required to register with,
and use the Employment Eligibility Veri0cation System (E-Verify) to verify the work authorization status of all newly
hired employees. The E-Verify system can be obtained at the U.S. Department of Homeland Security website:
httD://www/dhs.gov/E-Verify.
"Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to
provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration (also referred to
as Vendor or Consultant).
"Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another
subcontractor in exchange for salary, wages, or other remuneration (also referred to as Sub -Vendor or Sub -Consultant).
Vendor/Consultant/Contractor acknowledges and agrees to utilize the U.S. Department of Homeland Security's E-Verify
System to verify the employment eligibility of:
■ All persons employed by Vendor/Consultant/Contractor during the term of the contract, (including assigned sub-
vendors/sub-consultants/sub-contractors), to perform employment duties within Florida and any work in pursuant to
the contract with the City.
By entering into a contract with the City, the Proposer/Contractor/Consultant becomes obligated to comply with the
provisions of Section 2. Section 448.095, Fla. Slat., "Employment Eligibility," as amended from time to time. This
includes, but is not limited to, utilization of the E-Verify System to verb the work authorization status of all newly hired
employees, and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ,
contract with, or subcontract with, an unauthorized alien. The contractor shall maintain a copy of such affidavit far the
duration of the contract. Failure to comply will lead to termination of resulting contract, or if a subcontractor knowingly
violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision
must be fled in the Circuit Court of Indian River County, Florida no later than 20 calendar days after the date of
termination. If the resulting contract is terminated for a violation of the statute by the Contractor, the Contractor may not
be awarded a public contract for a period of I year after the date of termination.
I hereby acknowledge and agree that use of the U.S. Department of Homeland Security's E-Verify System during the term
of the contract is a condition of the resulting contract with the City of Sebastian.
Company Name:
Authorized Name: Title:
Signature: Date:
Proposer must submit their Companv Profile Page from E-Verifv with their bid.
State of
County of
This instrument was acknowledged before me on
[Notary Seal]
(Date)
Notary Public Signature
Failure to fullv complete, sign and submit this Affidavit may result in reiection of the submit
Page 27 of 31 53 of 562
FORM
F RFP #23-08
(Print Authorized Name)
of
ruKUHAbL AN1.J Ktr.UtVELOP I2I5 INDIAN RIVER DRIVE
NOTIFICATIONS AFFIDAVIT
(Company Name)
(Title)
affirm that I read and understand, as well as accept all requirements and regulations listed in sections 4.27 -- 4.35 of the
above referenced solicitation document to include the following notifications;
• Conflict of Interest
• No Lobbying
• No Collusion
• Immigration Laws
• Drug -Free Workplace
• Public Entity Crimes
• Debarment and Suspension, Proposer must submit their Company Profile Page from SAM with
their bid.
• Scrutinized Vendor
• Performance Evaluation
Signature: Date:
State of
County of
The foregoing Affidavit was acknowledged before me on (DATE).
j Nolar1 Seat]
Notary Public Signature
Failure to f1111v complete, sign and submit this Affidavit may result in resection of the submittal
Page 28 of 31 54 of 562
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FORM
G RFP #23-08
WMEOf PELICAN ISLAND PURCHASE AND REDEVELOP 1215 INDIAN RIVER DRIVE
MINORITY. WOMEN and DISABLED -OWNED BUSINESS CONCERN REPRESENTATION
Minority -Owned Business: a minority -owned business concern means a business concern that: (1) is at least 51
percent unconditionally owned by one or more individuals who are considered to be a member of a minority group, or a
publicly owned business having at least 51 percent of its stock unconditionally owned by one or more members of a
minority group; and (2) has its management and daily business controlled and operated by one or more such
individuals. Individuals who certify that they are members of minority groups (African Americans, Hispanic
Americans, Native Americans, Asian -Pacific Americans, Asian -Indian Americans, and other minorities) are to be
considered minority -owned enterprises.
Women -Owned Business: a business that is at least 51 percent owned by a woman or women who also control and
operate it.
Disabled Owned Business: a business that is at least 51 percent owned by a person or persons with severe physical
or mental disabilities, which substantially limits one or more of the person's major life activities and which person
or persons control, and operate such business.
"Control" in this referenced context means exercising the power to make policy decisions. "Operate" means being
actively involved in the day- today management of the business.
The City of Sebastian shall rely on written representations of concerns regarding their status as
minority/women/disabled-owned businesses. Proposer agrees to submit information regarding the minority ownership
of its subcontractors on request.
COMPLETE THE SECTION BELOW AND RETURN THIS FORM WITH BID. FAILURE TO DO SO MAY
RENDER THE OFFEROR'S BID UNACCEPTABLE.
A. Representation. The Proposer represents that it is O, is not ( ) a minority -owned business concern.
B. Representation. The Proposer represents that it is { ), is not ( ) a women -owned business concern.
C. Representation. The Proposer represents that it is { ), is not ( ) a disabled -owned business concern.
Please Check Avvronriate Box/Boxes
€ African American€ Caucasian (CAUC) € Native American (NAAM)
(AFC)
€ Hispanic American€ Asian -Pacific American (ASIAP) € Asian Indian (ASIAI)
HISP) American
€ other, please identify: € Woman Owned (W) € Disabled Owned (D)
The Proposer has 1 has not used the following procedures in searching for and obtaining suppliers uxl
subcontractors:
• Place Minority -Owned Businesses on solicitation lists.
• Ensure that Minority -Owned are solicited whenever they are potential sources.
• Consider contracting with consortia of Minority -Owned Businesses when an intended contract is too large for any
one such firm to handle on its own or, if economically feasible, divide larger requirements into smaller transactions
for which such organizations might compete.
• Make information on contracting opportunities available and establish delivery schedules that encourage
participation by Minority Owned Businesses.
• Use the services and assistance of the SBA and Department of Commerce Minority Business Development
Agency, as appropriate.
Page 29 of 31 55 of 562
ma
SA
HDME OF RuCAN ISLAND
Company Name
Address
Phone #
RFP #23-08
PURCHASE AND REDEVELOP 1215 INDIAN RIVER DRIVE
City Zip
State
Email Address FEIN #
Signature of Company Official Print Name Date
Page 30 of 31
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SEB'r�v
RFP #23-08
HOME OF PELICAN ISLAND PURCHASE AND REDEVELOP 1215 INDIAN RIVER DRIVE
SOLICIATION INFORMATION FORM
Please submit this form to assist us in learning more about how our solicitation opportunities are most often found.
Company's Name:
Company Address:
Phone No:
Please tell us how you found out this Request for Proposals was released/available (mark all that applies):
Indian River Press Journal (TCPalm)
DemandStar/Onvia
City of Sebastian Web Site
Other (please specify below)
Page 31 of 31 57 of 562
01YCF
ASTIAN
SB 4T!
HOME OF PELICAN ISLAND
CRA AGENDA TRANSMITTAL
Council Meeting Date: September 27, 2023
Agenda Item Title: Request for Proposal (RFP #23-11) for the Sale and Redevelopment of City -
Owned Property and Provision of a Mixed -Use Development located at 100
Veterans Memorial Highway, Sebastian, Florida, situated in the Community
Redevelopment area.
Recommendation: Staff requests consensus from the CRA Board for the evaluation of the
Request for Proposal (RFP #23-11) for the Sale and Redevelopment of City -Owned Property.
Background: The City of Sebastian requested proposals from qualified real estate
developers/investors/operators for the purchase and redevelopment of city -owned property located at 100
Veterans Memorial Way, Sebastian, FL 32958 (former Public Works Compound). The Sebastian Community
Redevelopment Agency "CRA" invited Proposers to submit their qualifications, approach, conceptual design,
financial and other terms for the Proposer to purchase, design, permit, construct, finance, operate and
maintain a mixed -use commercial/industrial development on a 4.42+/- acre site, minus Veterans Memorial
Way right of way. This Request for Proposal (RFP #23-11) was issued in accordance with the disposal of real
property provisions set forth in Florida Statute §163.380. On Friday, July 14, 2023 at 2:00 PM EST, all
Proposals were due to be submitted and one (I) proposal was received.
In accordance with Section 4.2.2 of RFP #23-11, the CRA Board shall act as the Evaluation Committee and
independently review and evaluate all responsive proposals received based on the evaluation criteria outlined
in Section 4 and discuss their evaluation at the initial Evaluation Committee Meeting. With consensus of the
Evaluation Committee, either a recommendation for award will be made to City Council or a request for an
oral presentation may be made. In the alternative, the CRA can recommend that the project be rebid.
Attached please find the information for your consideration as part of the Evaluation Committee's review.
In accordance with the RFP, the City is responsible for securing the following should they proceed with the
sale and redevelopment of the property:
• Survey and Legal Description of Property and Veterans Memorial Way
• Specialty Deed of property and RW dedication
• Change in Land Use and Rezone of property
• Brownfield designation if requested
If Agenda Item Reauires Expenditure of Funds:
Budgeted Amount: NA
Total Cost: $0.00
Funds to Be Utilized for Appropriation: NA
Attachments:
1. RFP #23-11, Sale of Former Public Works Compound
2. RFP Proposal July 14, 2023 — Stilldragon North America, LLC
3. Armfield-Wagner Appraisal & Research Inc., Appraisal Report #46839
4. Sebastian CRA Redevelopment Master Plan 2022-2023; Applicable content of Section Four,
pages 52 — 59.
58 of 562
Administrative Services Department Review:1 L" --t'j , 1
J
City Attorney Review:
Procurement Division Review, if applicable:
City Manager Authorization:
Date: V), I I a � 2
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.m v
S" RFP #23-11
HOME OF PELICAN ISLAND PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY
REQUEST FOR PROPOSALS
The City of Sebastian is requesting proposals from qualified real estate developers/investors/operators for the purchase
and redevelopment of city -owned property located at I00 Veterans Memorial Way, Sebastian, FL 32958 (former Public
Works Compound). This Request for Proposal ("RFP") is issued in accordance with the disposal of real property
provisions set forth in Section 163.380, Florida Statutes. The Sebastian Community Redevelopment Agency "CRA"
invites Proposers to submit their qualifications, approach, conceptual design, financial and other terms for the Proposer to
purchase, design, permit, construct, finance, operate and maintain a mixed -use commercial/industrial development on a
4.42+/- acre site, minus Veterans Memorial Way right of way. The City will NOT pay real estate commissions on this
sale.
All proposals are due no later than Friday. Julv 14, 2023 by 2:00 PM, LOCAL TIME. at which time all proposals are
due. Late proposals will not be accepted. Proposers have the option to submit physically, in -person, or by mail.
Submissions shall only be accepted at Citv Hall. Proposer must submit proposal in a sealed
envelopelbox/container: One (1) original proposal "MARKED ORIGINAL & SIGNED IN BLUE INK," including the
required deposit; EIGHT (8) copies "MARKED COPY & SIGNED IN BLACK INK" of the proposal are required; One
(1) USB with an electronic version is required. Onlv the NAME of the firms who submitted a response to this Reauest
for Proposal will be read aloud. RFP's will not be made available for review at the time of the open ine.
EVENT DATE TIME
RELEASE DATE: WEDNESDAY, MAY 15, 2023 -
MANDATORY PRE BID SITE VISIT:
100 VETERANS MEMORIAL WAY
WEDNESDAY, JUKE 7, 2023 10:00 AM EST
MANDA70RY
QUESTIONS DUE DATE/TIME: FRIDAY, JUNE 30, 2023 END OF BUSINESS
DUE DATE/TIME:
FRIDAY, JULY 14, 2023 2:00 PM EST
PROPOSED ■
18T EVALUATION MEETING: TBD 10:00 AM EST
21vD EVALUATION MEETING, if applicable: TBD
RECOMMENDATION OF AWARD —
CITY COUNCIL MEETING: TBD 6:00 PM EST
City of Sebastian City Hall
1225 Main Street
Sebastian, Florida 32958
RFP documents and any addenda may be obtained from the City's website (www.citvofsebastian.org), DemandStar
(www.demandstar.com) or VendorLink (www.vendorlink.com). It will be the sole responsibility of the Proposer to
determine if any addenda have been issued prior to submitting a DroDosal.
Any and all questions and communication concerning this RFP should be emailed ONLY to the contact person listed
below, no Iater than Friday, June 30, 2023 by end of day. Contact by a Proposer (or anyone representing a Proposer)
regarding this RFP with the City Council or a City employee/representative other than the point of contact listed above, is
grounds for disqualification.
Page 2 of 32
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HOME OF PELICAN ISLAND
RFP #23-11
PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY
STATEMENT OF NO RESPONSE
If your firm does not intend on submitting a proposal, please complete and return this form prior to the Solicitation
Opening date shown herein. Return by email (dwixon(a7citvofsebastian.oriz} or by mail to:
CITY OF SEBASTIAN, CITY HALL
ATTN:PROCUREMENT
1225 MAIN STREET
SEBASTIAN, FLORIDA 32958
Company Name:
Company Address:
Phone Number:
We are not responding to RFP #23-08, FOR THE PURCHASE OF CITY -OWNED PROPERTY
AND PROVISION OF A MIXED -USE DEVELOPMENT AT 1215 INDIAN RIVER DRIVE SEBASTIAN FLORIDA
for the following reason(s) (mark all that applies):
Do not offer the good(s) or service(s) required
Our schedule would not permit us to perform responsibly
Unable to meet specifications/scope of services
Unable to meet minimum requirements
Insufficient time allowed for preparation of response
ProjectlBudget too small
Specifications unclear — too vague, rigid, etc. (please explain below)
Other (please specify below)
REMARKS
Signature
Print Name 1 Title
Date
Page 3 of 32
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.m IN
RFP #23-11
HOME OF RUCAN ISLAND PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY
TABLE OF CONTENTS
REQUEST FOR PROPOSALS................................................................................................................. 2
STATEMENT OF NO RESPONSE................................................................................................
3
TABLE OF CONTENTS............................................................................................................................4
DEFINTIONS.............................................................................................................................................. 4
SECTION 1— SOLICITATION INFORMATION.................................................................................5
SECTION 2 — PURCHASE AGREEMENT DETAILS..........................................................................9
SECTION 3 — PROPOSAL FORMAT & REQUIREMENTS.............................................................11
SECTION 4 — EVALUATION PROCESS.............................................................................................12
SECTION 5 — GENERAL CONDITIONS.............................................................................................13
SECTION 6 — REQUIRED FORMS.......................................................................................................20
PROPOSALCHECKLIST.....................................................................................................................20
MAILINGLABEL.................................................................................................................................22
CONTACT INFORMATION SHEET - FORM A................................................................................23
ADDENDA ACKNOWLEDGEMENT - FORM B..............................................................................24
PROPOSED PURCHASE PRICE - FORM C......................................................................................25
PROPOSER'S DISCLOSURE - FORM D...........................................................................................26
E-VERIFY ACKNOWLEDGMENT - FORM E..................................................................................28
NOTIFICATIONS AFFIDAVIT - FORM F.........................................................................................29
MINORITY, WOMEN and DISABLED -OWNED REPRESENTATION - FORM G........................30
SOLICIATION INFORMATION FORM..............................................................................................32
Exhibits:
"A" - Property Information
"B" - Remedial Action Plan (RAP) 2023
"C" - Florida Brownfield Redevelopment Program
"D" - Sample Purchase Agreement
DEFINITIONS
Request for Proposals ("RFP"): This Solicitation document, including any and all addenda.
Proposal: Submission in response to this RFP.
Proposer: Person or firm submitting a Proposal in response to this RFP, "pre -award".
Engineer or Design Build Firm (DBF): Selected Proposer that is meets the scope of services and is
awarded a contract to provide the goods or services to the City, "post -award".
City: Refers to the City of Sebastian.
Contract or Agreement: Request for Proposals, all addenda issued thereto, all affidavits, the signed
agreement, and all related documents that comprise the totality of the contract or agreement between the
City and the Engineer or DBF.
Responsible Proposer: Proposer that has the integrity, reliability and capability in all respects to perform
in full the contract requirement as stated in the RFP.
Responsive Proposer: Proposer who's Proposal fully conforms in all material respects to the RFP and its
entire requirement, including form and substance.
Days: Refers to calendar days, unless otherwise stated.
Shall. Must & Will: Interpreted as mandatory language.
Page 4 of 32
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- = BASTIAN
RFP #23-11
HOME OFPEUCMMAND PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY
SECTION 1— SOLICITATION INFORMATION
1.1 SCOPE OF SERVICES
The City of Sebastian is requesting proposals from qualified real estate developers/investors/operators for the
purchase and redevelopment of city -owned property located at 100 Veterans Memorial Way, Sebastian, FL 32958
(former Public Works Compound). Title will be transferred by a special warranty deed. Consideration will be
given to development that best promotes a vibrant, active and dynamic keystone site that will further the
Community Redevelopment Agency's (CRA) goals and objectives. The City desire's a project that has the ability
to provide adaptable mixed use commercial/industrial development on the site. The property is in a prime location
in the "Gateway" triangle entrance to the city center within close proximity to shopping, recreation, entertainment,
and restaurants.
This property must follow the performance standards outlined within the Riverfront Overlay District, and use
restrictions outlined in the Sebastian Boulevard Triangle Overlay District. The redevelopment shall promote and
implement the goals and objectives of the CRA Master Plan to remove blight, increase the tax base, and enhance
the quality of life; promote the waterfront and its history, and improve the aesthetics and enjoyment of the
Sebastian Blvd Mixed -Use District. The City will NOT pay any real estate commissions or provide waivers of
site related fees on this sale.
1.2 PROPERTY INFORMATION
Site Conditions
Special District: Sebastian Community Redevelopment Agency
Future Land Use: Mixed -Use
Current Zoning: Public Service (PS)
Performance Overlay District: Riverfront Overlay District and Sebastian Boulevard Triangle Overlay District
Permitted Uses: CG — Commercial General and IN — Industrial
Height: 35 feet
Parcel Size: +/- 4.42 acres (minus Veterans Memorial Way right of way) — Exhibit A
Infrastructure: All utilities available on site including water, electric, telephone, sewer, and internet. All existing
structures and infrastructure remain on the property, which was vacated as of 2022.
Access: Access available east/west driveways onto County Road 512 and direct access to Veterans Memorial
Way
Facilitv Description:
The subject site is currently owned by the City of Sebastian and was used as a Public Works
office and vehicle/equipment storage facility. The site is situated at the southeast corner
of the Veteran's Memorial Way and Sebastian Boulevard intersection and can be accessed from
either street. The facility is currently closed but was previously utilized for maintenance and repair
of City vehicles. Also, construction materials and vehicular fuel were stored on -site. The facility is
improved with a concrete block office building, a larger concrete block garage building, and a
metal storage building. Two aboveground fuel storage tanks (ASTs) and associated dispenser
pumps were located at the southern portion of the site, just north of the metal storage building. The
site is further improved with asphalt -paved parking and drive areas. The facility historically
operated two (2) underground storage tanks (leaded gasoline and diesel fuel), which were
removed in 1991. The USTs were located north of the office building and are the subject of
cleanup activities. A site map illustrating the current site layout is included in Exhibit B, Figure 1.
Page 5 of 32
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RFP #23-11
HOME OFPEUCANISIAND PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY
Property Description
The property was originally acquired in 1925 as part of a larger parcel which was divided in 1985. The remainder
consists of the Old Compound parcel #31390600000500000024.0 (+I4.13 acres) further described as:
7.5 A IN SWIM, D BK 3, PP 279 LESS E 2885 FT OF S 433 FT THEREOF & LESS N 267.2 5 FT AS
MEASURED ALONG RR R/W AS PER ORBK 708 PP 819
In 2017, the parcel was unified with parcel #31390700000300000006.0 (+/-0.29 acres) further described as:
FR NE COR OF NWI/4, RUN W ALONG N BDRY 300.4 FT TO POB: S 146.55 FT TO CL OF ST RD
512; SWLY 90 FT; NWLY TO PT WHICH IS 113 FT W OF POB: RUN E ALONG N LINE SEC 7 TO
POB, AS OR BK 88 PP 60 LESS RD R/W (OR BK 428 PP 330)
Property Specifics
i. The property consists of the former City public works compound on approximately 4.42 acres (minus
Veterans Memorial Way right of way). A current survey and lot split will be provided by the City as part
of this agreement in order to subdivide Veterans Memorial Way right of way from the property
purchase.
ii. The property maintains a current zoning of Public Service. The City will pay the application fee for
rezoning of the property to the intended use on behalf of the successful proposer.
iii. The property maintains a Remedial Action Interim Report (RAI) with the Florida Department of
Environmental Protection (FDEP) from a past contamination event from a leaking underground storage
tank. The City shall continue absorbing the cost of monitoring for the site. The City will support the
application to establish a Brownfield Site and participate in the Florida Brownfield Redevelopment
Program as part of the remediation plan.
Exhibits include:
"A" - Property Information
"B" - Remedial Action Interim Report (RAI) 2023
"C" - Florida Brownfield Redevelopment Program
"D" - Sample Purchase Agreement
1.3 DEPOSIT
Proposals must be accompanied by a security deposit of $15,000.00, in the form of a certified or cashier's
check, payable to the City of Sebastian. This deposit will be returned to unsuccessful Proposers. The successful
Proposer shall be required to deposit with the City another $30,000.00, for a total deposit of $45,000.00 (or
more if increased through negotiations) within five (5) business days following City Council approval of the
Purchase Agreement. All deposits by the successful Proposer are non-refundable.
1.4 CITY BACKGROUND
The City of Sebastian was first incorporated as the Town of Sebastian in 1924, and is located at the northern end
of Indian River County, Florida, approximately midway between Melbourne and Vero Beach on the Treasure
Coast. It is recognized as the home of Pelican Island, the first designated wildlife refuge in the United States, and
a Tree City USA.
Sebastian's current population is 25,438; residents include many retirees and families. The total area of Sebastian
is approximately 18.19 square miles with about 1.5 miles of waterfront on the Indian River lagoon. . The most
current employment estimates indicate that Health Care and Social Assistance, Retail Trade, and
Accommodations and Food Services are the dominant industries within the City and Sebastian CRA.
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RFP #23-11
HOME OF PnXMV ISLAND PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY
Sebastian has over 20 beautiful parks, public and private elementary schools, middle schools, and a high school
just outside of its limits. With an unobstructed view of the intra-coastal waterway in the Indian River Lagoon
along its dazzling riverfront district, close proximity to Atlantic beaches, a year round average temperature of 73.4
degrees, Sebastian is a welcoming city. Entertainment in Sebastian includes shops and restaurants, many
churches, several City festivals each year, monthly arts and crafts shows, concerts in the park, a municipal golf
course and airport, and a central location with easy access to 1-95 and the Florida Turnpike. Sebastian and the rest
of northern Indian River County comprise one of the fastest -growing areas of Florida in the first decade of the
21 st century.
Purpose
The City of Sebastian is requesting proposals from qualified real estate developers/investors/operators for the
purchase and redevelopment of city -owned property located at 100 Veterans Memorial Way, Sebastian, FL 32958
(former Public Works Compound) as a mixed -use commercial/industrial development on a 4.42+/- acre site,
minus Veterans Memorial Way right of way. The site is located in the Sebastian CRA and lies within the
Riverfront Performance Overlay and Sebastian Boulevard Triangle Overlay districts. The purpose of this
solicitation is to offer the property for sale and re -development while at the same time promoting the goals and
objectives for the implementation of the CRA plan to remove conditions of blight, increase the tax base, and
enhance the quality of life. The City would desire a project that has the ability to provide adaptable mixed use
development on the site. Visit the City of Sebastian webpage for information regarding the goals and objectives of
the CRA Master Plan and applicable zoning criteria (www.cityofsebastian.org).
Proiect Description and Available Information
The Sebastian Boulevard Triangle is envisioned as a mixed -use district that will extend the town center outward
from its traditional riverfront district into the developed business district along Sebastian Boulevard/County Road
512. As a gateway into the City of Sebastian riverfront district, the triangle area development is encouraged to
have an attractive, well maintained, orderly and uncluttered appearance which will be characterized by impressive
vegetation and landscaping; complementary buildings and signs with enhanced designs and aesthetic appearances;
and a safe transportation system that accommodates mass transit, pedestrians, bicycles, and other transportation
alternatives, as well as automobiles.
The site is an important gateway property and the intention of the Sebastian CRA is to consider certain
development that best captures the architectural appeal of the city as an "Old Florida Fishing Village" as well as
develop the property into a vibrant, active, and dynamic keystone site that will further the CRA's goals and
objectives. The development of a mixed use property is expected to serve as a catalyst for redevelopment.
Proposals should consider incorporating in the project, to the maximum extent feasible, the City's planning
objectives and principals including:
• Enhance and connect open space
• Livable approach to streets and uses
• Enhance the CRA Sebastian Blvd Mixed -Use District
The following attachments can be found at
httvs://weblink.eitvofsebastian.orv/WebLink/Browse.a.sux?id=236137&dbid=0&reno=Citv_:
• City of Sebastian's Community Redevelopment Master Plan
• City Comprehensive Plan 2040
• Sebastian Boulevard Triangle Overlay District
• Riverfront Overlay District Regulations
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�T� RFP #23-11
HOME OF PECAN ISLAND PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY
RAI
Historically, this site has one documented release. On April 23, 1991, a Discharge Reporting Form (DRF) was
submitted to FDEP following soil impacts noted during the 1991 removal of the 300-gallon diesel and 5,000-
gallon leaded gasoline tank, which were previously installed October 1, 1984. A closure assessment report dated
June 4, 1991, documented the removal of 770 cubic yards of soil based on field OVA data. Following the tank
removal, a Contamination Assessment Report (CAR) was completed in May 1992, which included installing
seventeen soil borings, slug testing, and installation and sampling of 4 shallow wells and one deep well. A RAP
was submitted for the site October 5, 1993, proposing a pump and treat system. In October of 1994 a 10,000
gallon unleaded Aboveground Storage Tank (AST) and a 1,000 gallon diesel AST were installed. The pump and
treat system, was installed in 1995 and ran for several months until the system was turned off due to lack of
funding. Wells installed prior to 2006 had been destroyed or abandoned over the years thus in May of 2006, six
shallow monitoring wells, one deep well, and 7 soil borings were installed as part of a Limited Contamination
Assessment Report (LCAR). In 2018 groundwater sampling was completed and Natural Attenuation Monitoring
(NAM) was proposed. Recent work includes additional assessment in preparation for a RAP. Contaminant levels
appear consistent between June 2022 and January 2023; the recommendations include preparing a Pilot Test. The
RAI provides updated groundwater data. One well was installed downgradient of the source to further delineate
impacted groundwater. Levels have been generally consistent and require remediation. The full Remedial Action
Interim Report (RAI) for the above referenced facility is available by request. Exhibit B includes a summary
report and Figure I for reference.
The Florida Department of Environmental Protection Brownfields Program offers a lot of incentives through their
program such as voluntary cleanup tax credits (which can be used to repay loan), liability protections, and a
Targeted Brownfields Assessment program that provides funding and assistance for assessment and cleanup
activities. Exhibit C includes information about the Brownfield Redevelopment Program. The City will continue
the monitoring and assessment for the site however the City would consider issuing a resolution entering into a
BrownfieIds Site Rehabilitation Agreement with the successful Proposer.
Proposal Process
The CRA and the CITY are seeking an experienced and well financed developer that is capable of developing the
Property. The Proposer must first submit a proposal meeting the requirements of this RFP including submitting
detailed elevation drawings ar other photos/illustrations and conceptual site development plan. If the developer is
seeking waivers for development, they must specifically outline each request as a part of their proposal.
Proposals will then be evaluated and ranked by the CRA Board. The top ranked proposer will then be invited to
negotiate the terms and conditions of a written project agreement with the CITY. The selection of the top ranked
proposer does not in any way form a contract with the CITY. Rather, it is simply an invitation to commence
negotiations with the CITY to draft a mutually agreeable project agreement which shall be subject to
consideration and final approval by the CITY COUNCIL. No guarantees or representations whatsoever are given
by the CITY that the selected proposer will be able to successfully negotiate a written project agreement with the
CITY COUNCIL, and neither is the CITY obligated or required to provide an executable project agreement. If
selected and invited to negotiate a project agreement, the negotiation period shall not exceed three (3) months and
can be terminated at any time by the CITY COUNCIL. Upon expiration or termination of the negotiations, the
CITY COUNCIL may choose to negotiate with any other proposer or terminate the RFP at the CITY
COUNCIL'S sole and absolute discretion. A contract is formed with the CITY only at such time the CITY
COUNCIL and selected proposer approve and execute the written project agreement. Otherwise, the selected
proposer, regardless of the fact that a proposal was submitted and the parties negotiated, has no rights whatsoever
to acquire the subject property and/or construct a project on the property. Additionally, the selected proposers
must be able to commit to begin construction of the mixed -use development within eighteen (18) months from the
date that the site plan is approved by the CITY.
The project agreement is expected to address the agreed upon terms and conditions of the project including, but
not limited to, the proposed conceptual site development plan, building elevations, covenants, conditions, and
restrictions, including covenants running with the land, as the CITY deems necessary or desirable to assist in
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preventing the development or spread of future slums or blighted areas or to otherwise carry out the purposes of
this RFP which are to construct a mixed -use development, and such other design, permitting, financial,
development schedules, and construction terms and conditions deemed necessary by the CITY.
The CITY COUNCIL may accept such proposal and negotiate a written agreement as it deems to be in the public
interest and in furtherance of the purposes of the CRA's Redevelopment Plan. The Project Agreement, if
successfully negotiated, shall be subject to such covenants, conditions, and restrictions, including covenants
running with the land, as the CITY COUNCIL deems necessary or desirable to assist in preventing the
development or spread of future slums or blighted areas or to otherwise carry out the purposes of this RFP.
Further, the CRA lacks authority to grant variances, waivers, or other land use approvals in the City of Sebastian,
which is exclusively within the jurisdiction of the Sebastian CITY COUNCIL. Accordingly, proposers should
anticipate that it will be required to negotiate a separate development agreement with the City of Sebastian to
approve conceptual development plans and address other matters for which the CITY COUNCIL retains
exclusive authority, such as vacation of rights -of -ways. Again, no guarantees or representations whatsoever are
given by the City of Sebastian that the selected proposer will be able to successfully negotiate a written
development agreement with the Sebastian CITY COUNCIL, and neither is the City of Sebastian obligated or
required to provide an executable development agreement.
1.5 MINIMUM REOUIREMENTS
Each firm must satisfy the minimum requirements listed below to be considered. Firms that do not meet the
minimum requirements as determined by the City, at its sole discretion, will be deemed non -responsive and
not considered for award. All decisions made by the City are final. All Proposers must demonstrate the
following:
1. Proposer, or at least one of its General Partners, must be operating as the same business entity for a minimum of
five (5) years; and
2. Proven experience of successfully developing properties continuously for a minimum of five (5) years; and
3. Financial ability to provide the proposed redevelopment; and
4. No tax delinquency as an individual or member of a Corporation or Partnership; and
S. No unabated code violations for other properties within the City of Sebastian; and
6. No creation of a non -conforming use.
SECTION 2 — PURCHASE AGREEMENT DETAILS
Upon the City Council's acceptance of a proposal, the successful Proposer shall enter into a Purchase Agreement for the
purchase of the property. A sample Purchase Agreement is included as Exhibit "C':
The Agreement will be subject to the following terms:
1) A Special Warranty Deed shall be prepared at the City's expense which states the City is conveying the Property in
"as is" condition. A Title Commitment and/or Insurance shall be procured by the successful bidder, and obtained by
said bidder within thirty (30) days after the effective contract date. Purchaser shall pay the cost thereof as well as the
cost of any update. Purchaser shall have fifteen (15) days from the date of receiving said commitment of title to
examine same. Failure of bidder to timely obtain title information shall not extend the time for closing. If title is found
to be defective due to conditions or restrictions other than those set forth herein, Purchaser shall, within said period,
notifv the Citv Attornev in writing, specifying the defects. If the said defects, other than those set forth herein, and
that the title was obtained by or through a tax deed, render the title unmarketable, the City shall have one hundred
twenty (120) days from receipt of such notice to cure the defects, and if after said period the City shall not have
cured the defects, Purchaser shall have the option of (1) accepting the title as it then is, or (2) demanding a refund of
all monies paid hereunder which shalt forthwith be returned to Purchaser, and thereupon the Purchaser and the City
shall be relieved of all further obligations.
2) An updated survey of the property, if desired, shall be obtained and paid for by the Purchaser.
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3) State documentary stamps on the deed shall be paid by the Purchaser.
4) Certified, confirmed and ratified special assessment liens shall be paid by the City at the time of closing. The City
represents that there are no pending liens at this time affecting the property which have been made by the City and to
the best of its knowledge, there are no other pending liens affecting the property. However, if at the time of closing
there shall be new or future pending liens, Purchaser shall assume the same.
5) The Purchaser shall pay the cost of recording the deed.
6) The Purchaser shall pay the cost of his/her, or its own attorneys and any title commitment and/or insurance.
7) The deposits will be in good faith and will be deducted from the amount proposed to purchase property to determine
balance due at closing. Ten (10) business days following City Council approval of the negotiated Purchase
Agreement, selected Purchasers deposits are non-refundable.
8) Closing shall be done by a Closing Agent, uaid by the Purchaser, and take place within ninety (90) days from the date
of the Agreement, in the office of the City Attorney or Closing Agent's Office. The time for closing shall be extended
as may be deemed necessary by the City. Should closing not occur within the time frame or any extensions granted,
the City has the right but not the obligation to terminate any and all agreements and retain the property or rebid the
property.
9) The successful Proposer if financing must obtain financing within fifteen (15) days following City Council approval
of the negotiated Purchase Agreement, and evidence shall be provided to the City that financing has been obtained. If
evidence is not provided within the fifteen (15) day time period, the City has the right to either provide an additional
ten (10) working days extension, or terminate the process and move to the next preferred applicant.
10) It is understood and agreed that the terms of the RFP documents, proposal submission with proposed use and
Purchase Agreement survives after Closing. The Purchase Agreement shall survive the conveyance of title,
particularly with respect to any act or event which may take place after such conveyance and which affects the rights
of the parties hereto.
11) The City has not employed any Real Estate Brokers in connection with the sale of the property being offered herein,
nor is it in any way liable or responsible for any real estate brokerage or other similar commission claimed as the
result of any sale made of the property herein offered.
SECTION 3 — PROPOSAL FORMAT & REQUIREMENTS
The Proposal shall be limited to no more than twenty (20) vaaes (NOT including the required forms listed in Section 3.9.)
Any responses exceeding twenty (20) pages, NOT including the required forms, will be considered non -responsive and
not considered for award. You are expected to use Tabs dividing each section (tabs will not be included/counted in the
twenty (20) pages).
3.1 COVER LETTER
Proposer shall submit a letter of interest signed by mr authorized representative that can contractually obligate
and bind the firm. The Proposer or authorized representative is attesting that the information provided is current
and factual.
The letter shall include:
• Date
• Proposers Information (history, length of existence & business structure)
• Representatives Contact Information (telephone number and email address)
• Proposer's federal taxpayer identification number
• Confirmation of Proposer meeting ALL minimum requirements listed above in Section 1.5.
• Type of ownership, if applicable (small business, small disadvantaged business or women -owned business)
• A detailed description of the nature and status of any pending or completed litigation claims made, contract
disputes, alleged defaults and liens arising in connection with the performance of any services by your
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company or by current or former members of your firm, within the last three years. If proposer intends to
utilize subcontractors or sub -consultants, provide similar information for the subcontractors/sub-consultants.
3.2 TABLE OF CONTENTS
Include a clear identification of the materials included
proper page number.
OUALIFICATIONS (TAB 1)
in the Proposal by numbering them and providing the
3.3 PROPOSER QUALIFICATIONS
• A detailed summary of the developer's experience in the acquisition and development of CWR or mixed -use
development.
• A brief description of at least three (3) most comparable projects that has been successfully developed.
Provide the name, address, photographs, and references.
NOTE: The use of past project photos, renderings and graphics are highly encouraged.
3.4 TEAM QUALIFICATIONS
• Team members and credentials
Include information for the proposed Master Planner, Architect, or Contractor for the project
Provide up to two comparable projects undertaken, as part of this team or separately by each professional.
(Note which projects the professional consultants and contractors provided the services on behalf of the
Proposer).
Team credentials include, but are not limited to, specialized qualifications, education and experience. Brief
background outlining relevant work performed within the last five (5) years. Provide the Florida registration
numbers of professional personnel. Resumes shall not exceed one (1) page per person, if applicable.
PROPOSED USE (TAB 2)
3.5 PROPOSED USE OF SITE
• Describe the proposed use of the site.
• Include conceptual plans, elevations, renderings, etc. Anticipated square footage per use, estimated parking
counts, and number of stories in proposed structures, if applicable.
• A conceptual site development plan, drawn to scale, evidencing that the plan will satisfy current zoning
requirements for a "Commercial/Mixed-Use building type, to the extent that a development agreement is
approved, and the planning objectives of the Sebastian CRA Master Plan, and overlay performance criteria.
• Colored renderings of the site and front, back and side elevations of building (s) and decorative structures
such as hardscape features and entrance signs.
• Describe the organization and future plans of the proposed end users of the site; include information on past
and future business operations of the user. Provide market -based data supporting demand and feasibility as
well as estimated rental rates/sales prices (if applicable).
3.6 PROPOSED COMPLETION TIME
• Describe proposed completion time for this redevelopment, outline time frames for site planning, permitting,
construction, etc.
FINANCIAL REOUIREMENTS (TAB 3)
3.7 FINANCIAL ABILITY
• Provide sufficient evidence of having, or the ability to secure within fifteen (15) days of award, financial
resources to complete the proposed project in a timely fashion and provide long -teen financial support to the
project after built.
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• Funding Mechanism. Explain the proposed funding mechanism amount (i.e. how the redevelopment will be
funded) timeframe and terms. The applicant is responsible for all building and other permits and fees which
are associated with the proposed project unless otherwise contractually noted. Prospective bidders may submit
bank documents that support their application.
• Reauested Waivers. A summary of any relief to be proposed from the Land Development Code or the
Riverfront Overlay District for items such as building size, height, coverage, material finishes, parking
requirements, or landscaping; or a summary of any relief to be proposed from fees associated with site plan
review of the property.
• Pronosed Purchase Price. A summary statement of the proposed purchase price for the subject property.
NOTE: This evidence can be shown by the Proposer's audited or compiled financial statements, or signed letters
from banks or equity sources with verifiable funds to complete the project. Such letters must be on bank or equity
source letterhead and include details of the financial entity's experience in working with the Proposer on similar -
sized or larger projects and their willingness to consider funding the proposed project subject to successful
negotiations and due diligence.
3.8 CONFIDENTIAL INFORMATION:
Pursuant to section 119.071, Florida Statutes, any financial statements that the City requires to be submitted may
be exempt from the Public Records Law. Therefore, any submitted financial statements that the Proposer
wishes to remain confidential shall be submitted in a sealed opaque envelope and marked 'Confidential
Financial Statement Enclosed." By submission of a response to this RFP the proposer agrees to indemnify and
hold the City harmless should any information marked as confidential knowingly or unknowingly be released as
the result of a public records request.
REQUIRED FORMS (TAB 4)
3.9 FORMS
All Forms required by the RFP shall be fully executed by the Proposer and submitted. Refer to Section 6.
SECTION 4 — EVALUATION PROCESS
Durina the evaluation process and until an award has been made by City Council, Proposers are prohibited from
discussing anvthin2 concerning this RFP with Citv staff. anv member of the Evaluation Committee or Citv
Council.
4.1 EVALUATION CRITERIA
The City reserves the right to reject any and all proposals, or to accept any proposal or portion thereof
deemed to be in the best interest of the Citv, and to waive any non -substantial irregularities.
The Best Value Evaluation System is a subjective process that reviews all proposals to determine which proposal
provides the best value to the City. The establishment, application and interpretation of the evaluation criteria
below shall be solelv within the discretion of the Citv. Weight for each criterion is shown below. Evaluators will
be responsible for giving a score (0-4), see Scale below for point determination.
Scale
0 (0%) — Non -Responsive
1 (25%) — Missing/Lacking/Insufficient Evidence Provided
2 (50%) — Partial/Basic Evidence Provided
3 (75%) — SufficientlAdequate/Appropriate Evidence Provided
4 (100%) — Exceeds/Outstanding/High Level Evidence Provided
Company & Team Qualifications (10 POINTS) - Years of experience, past projects and credentials will be
considered.
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Proposed Use & Completion Time (10 POINTS) - The site lies within the CWR zoning district, which allows for a
variety of both commercial and residential uses. A specific timeline and schedule must be included, with additional
considerations given for economic and taxable values based on the proposed use.
Financial Ability (15 POINTS) - Demonstrate the ability to finance, as well as promote the likelihood of future
viability with the proposed site.
Conforms to Master Plan and District Overlays (30 POINTS) - Specific redevelopment shall meet the goals and
objectives found in the CRA Master Plan and the Riverfront Overlay District guidelines.
Purchase Price (35 POINTS)
4.2 REVIEW
4.2.1 All proposals submitted on time will first be reviewed by the Procurement Division to determine
responsiveness to confirm minimum requirements are met.
4.2.2 The CRA Board shall act as the Evaluation Committee and independently review and evaluate all responsive
proposals received based on the criteria above and discuss their evaluation at the initial Evaluation Committee
Meeting. With consensus of the Evaluation Committee, either a recommendation for award will be made to
City Council or a request for the top ranked firms to give oral presentations may be made. The City reserves
the right, at its sole discretion, to waive immaterial irregularities in proposals if in the best interest of the
City. The City reserves the right to determine, at its sole discretion, whether the criterion is satisfactorily
met based on the Scale established in this RFP. The City reserves the right to seek clarification from any
Proposer(s).
4.3 AWARD
The purpose of this RFP is to award one (1) Purchaser, to purchase the referenced property mentioned above in
Section L L, Scope of Services. It is most common, not guaranteed, that the Proposer(s) who scores the highest
number of points will be recommended to City Council for award. The City reserves the right to accept or reject
any or all proposals deemed as not responsive. The City reserves the right to cancel this RFP and re -solicit or
not re -solicit as determined to be in the City's best interests.
SECTION 5 — GENERAL CONDITIONS
5.1 CONE OF SILENCE
Potential Proposers shall not communicate in any way with City staff, CRA Board or the City Council other than
the primary contact listed herein. This restriction shall be effective from the time of advertisement until an award
is made by the City Council. Such communication may result in disqualification.
5.2 ADDENDA
Addenda may be issued in response to any inquiry received by the Question/Answer deadline date and time
specified herein or to provide revisions, additions, deletions, clarification, etc. Addenda shall become part of and
have precedence over anything shown or described otherwise. If not mentioned in the addenda, all other
documents, specifications, drawings, terms and conditions remain the same. It is the Proposer's responsibility
to ensure receipt of all addenda and acknowledge all addenda issued. Where there appears to be a conflict
between Solicitation and any addenda, the last addendum issued shall prevail.
5.3 CONFIDENTIAL INFORMATION
Pursuant to Section 119.071, Florida Statutes, if there is any of the information contained in a response that a
Proposer feels is "confidential" and exempt from the Public Records Law (i.e. financial statements), the Proposer
must in the response specifically identify the material which is deemed to be exempt and cite the legal authority
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for the exemption, otherwise, the City will treat all materials received as public records. Therefore, any
submitted financial statements that the Proposer wishes to remain confidential shall be submitted in a
sealed opaque envelope and marked "Confidential Financial Statement Enclosed." By submission of a
response to this RFP the proposer agrees to indemnify and hold the City harmless should any information marked
as confidential knowingly or unknowingly be released as the result of a public records request.
5.4 OUESTIONS AND/OR REOUESTS FOR CLARIFICATION
Any questions and/or requests for clarification regarding this Solicitation shall be submitted in writing to the
Procurement/Contracts Manager via email at dwixon i cityofsebastian.org. Proposers must clearly understand that
the only official answer or position of the City will be the one issued by the Procurement/Contracts Manager via
an Addendum.
The Solicitation number and title shall be referenced on all correspondence, include locating information for each
question in order to ensure that questions asked are responded to correctly. All questions must be received no later
than the time and date specified in the RFP. All responses to questions/clarify cations will be published in the form
of an Addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER DEADLINE
STATED HEREIN. Addendum(s) will be made available on the City's website, DemandStar.com and
VendorLink.com and it is the Proposer's sole responsibility to assure receipt of all (if any) Addenda.
5.5 PROPOSALS NOT CONSIDERED
Proposals not considered are late submissions, telegraphed, emailed or faxed proposals and proposals which do
not conform to the instructions contained in the Request for Proposals. However, Proposals may be withdrawn by
fax or email, provided that such notices are received prior to the Solicitation Opening date and time and
confirmed by a telephone call.
5.6 LATE PROPOSALS
Late Proposals will not be opened. Proposers have the option of picking up or paying for the mailed return of
the unopened Proposal. If this option is not exercised within five (5) days of the solicitation due date, the late
unopened Proposal will be disposed.
5.7 PROPOSAL GUARANTEE
The Proposer warrants that the unit prices, terms, and conditions quoted in the proposal will be firm for
acceptance for a period of not less than one -hundred twenty (120) days from the solicitation opening date. Such
unit prices, terms and conditions will remain firm for the contract period.
5.8 SEALED PROPOSALS
Proposals shall be enclosed in a sealed envelope which shall show (lower left corner) the Proposer's name and
address, RFP number and title, along with the solicitation due date and time. The Proposal shall be submitted no
later than the solicitation due date and time mentioned on the Request for Proposal. The City may choose
whether to open any proposals that are not clearly marked at the City's sole discretion and will not be held
responsible for not opening any Proposals that are not clearly marked. Proposals shall be handwritten or
typed with (black or blue) ink. Any erasures or corrections must be initialed by the Proposer in blue ink.
Handwritten submissions must be legible. Proposals shall be submitted to Citv Hail. 1225 Main Street
Sebastian. FL 32958. Proposals that are submitted to other locations or delivered to the wrong location
may not be considered. It shall be the sole responsibility of the proposer to ensure their proposal is at the
proper location and at the time specified in the proposal documents.
5.9 RFP OPENING
Proposers are welcome to attend the solicitation opening; however, attendance is not mandatory. Proposals shall
be opened and publicly announced on the date, time and location specified on the Request for Proposal, unless
otherwise stated in the form of an addendum. Proposals received will be posted within thirty (30) business days to
DemandStar.com, Vendorlink.com and the City's website.
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5.10 PROPOSAL EXAMINATION
In accordance with Chapter 119, Florida Statutes, solicitation files will be made available for public inspection at
the time the City posts notice of its decision or intended decision concerning contract awards, or thirty (30) days
after the solicitation opening, whichever is earlier. Solicitation files may be examined during normal working
hours, by appointment only, by contacting the City Clerk's office at 772-589-5330.
5.11 INDEMNIFICATION/HOLD HARMLESS
The CONTRACTOR shall indemnify, defend and hold harmless the CITY, and its officers and employees, from
all claims, demands, liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys'
fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the
CONTRACTOR and other persons employed or utilized by the CONTRACTOR in the performance of the
agreement; regardless of the negligence of the indemnitee or its officers, directors, agents, or employees.
However, such indemnification shall not include claims of, or damages resulting from, gross negligence, or
willful, wanton or intentional misconduct of the indemnitee or its officers, directors, agents or employees. Upon
request of the CITY, the CONTRACTOR shall, at no cost or expense to the CITY, indemnify and hold the CITY
harmless of any suit asserting a claim for any loss, damage or liability specified above, and CONTRACTOR shall
pay any cost and reasonable attorneys' fees that may be incurred by the CITY in connection with any such claim
or suit or in enforcing the indemnity granted above. Nothing in this agreement shall be construed as the CITY
waiving its sovereign immunity pursuant to 768.28, et seq., Florida Statutes, or any other sovereign or
governmental immunity. This provision shall survive the termination of this bid.
5.12 REJECTION OF PROPOSALS
The City reserves the right to reject any and all Proposals, to waive any and all informalities not involving price,
time, or changes in the work, and to negotiate contract terms and conditions with the top ranked Proposer IAW
F.S. 287.055(5), and the right to disregard all non -conforming, non -responsive, imbalanced, or conditional
Proposals. More than one Proposal from an individual, firm or association under same or different names, will not
be considered. Any or all Proposals will be rejected if there is reason to believe that collusion exists among the
Proposers, and no participants in such collusion will be considered in future Proposals for the same work.
5.13 CORRECTIONS. CANCELLATION. & WITHDRAWAL
Proposers may be asked to provide further information after the solicitation opening to determine the
responsibility of the vendor.
5.13.1. Waiver of Technicality: Information shall not be considered after the bid opening if it has been
specifically requested to be provided with the Proposal as this becomes a matter of responsiveness. The
Proposal shall be considered responsive if it substantially conforms to the requirements of the RFP. The
City may waive any informality, technicality, or irregularity on any bid. A minor or non -substantive
lack of conformity may be considered a technicality or irregularity which may be waived by the City.
5.13.2. Mathematical Errors: Errors in extension of unit prices or in mathematical calculations may be
corrected. In cases of errors in mathematical computations, the unit prices shall not be changed.
5.13.3. Cancellation or Postponement: The City may cancel or postpose the solicitation opening or cancel the
RFP in its entirety prior to award.
5.13.4. Withdrawal: Prior to any published bid opening date and time, a Proposer may withdraw his or her
Proposal in writing. A fax or email is permitted for this purpose, provided it is confirmed by a
telephone call.
5.13.5. Amendments: Prior to the published Solicitation Opening date and time, a Proposer may amend the
Proposal provided that it is in writing, in a sealed envelope, and identified.
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5.14 EXCEPTIONS TO SPECIFICATIONS
Request for exceptions to the specifications shall be listed in the proposal and shall reference the section. Any
exceptions to the General or Special Conditions may be cause for the proposal to be considered non -responsive.
5.15 SUBCONTRACTORS AND EMPLOYEES
The Proposer is required to identify any and all Sub -consultants and/or suppliers and/or material men that will be
used in the performance of the proposed Agreement and to clearly identify in their Proposal the percentages of
Work to be performed by their Sub -consultants.
5.16 RFP AWARD
The contract/agreement will be awarded to the most responsive and responsible Proposer(s) whose proposal,
conforming to the specifications and terms the City considers is most advantageous. The Procurement/Contracts
Manager shall issue a Notice of Award to the successful Proposer and post the results on the City's website and
DemandStar.
5.17 WAIVER OF IRREGULARITIES
The City may waive minor informalities or irregularities in Proposals received where such is merely a matter of
form and not substance, and the correction or waiver of which is not prejudicial to other Proposers. Minor
irregularities are defined as those that will not have an adverse effect on the City's interest and will not affect the
price or terms of the Proposal by giving a Proposer an advantage or benefit not enjoyed by other Proposers.
5.17.1. In no event will any such elections by the City be deemed to be a waiving of the required criteria for the
requested services.
5.17.2. The Proposers who are selected for the Project will be required to fully comply with the Project criteria,
regardless that the Solicitation may have been based on a variation.
5.17.3. Proposers shall identify separately all innovative aspects as such in the technical Solicitation. Innovation
should be limited to Proposers means and methods, approach to Project, use of new products, and new
uses for established products.
5.18 COUNCIL MEETING
The awarded Proposer must be available to attend City Council meetings, when required. The awarded Proposer
must be prepared to answer any questions and/or provide a presentation if requested by City Council and/or
authorized by City representative(s). The date and time of the City Council meeting will be publicly noticed.
5.19 SALES TAX
Although the City of Sebastian is exempt from Federal and State Sales and Use taxes, Contractors or Vendors
doing business with the City are not exempted from paying said taxes to their supplier for goods or services
purchased to fulfill the contractual obligations with the City, nor shall any Contractor or Vendor be authorized to
use the City's Tax Exemption Number in securing such materials.
5.20 TERMINATION FOR CAUSE OR CONVENIENCE -
The agreement resulting from this RFP can be terminated immediately for cause if Contractor is found to have
failed to perform services in a manner satisfactory to the City; or for convenience upon thirty (30) days' written
notice to the Proposer. In the event of either termination, the Proposer shall be compensated for all services
performed to the City's satisfaction. The City shall be sole judge of non-performance.
5.21 DISCRIMINATION
The Proposer shall not practice or condone personnel or supplier discrimination of any nature
whatsoever, in any manner proscribed by Federal or State of Florida laws and regulations. The City of
Sebastian will not knowingly do business with vendors, proposers, or contractors who discriminate on
those protected by state and federal law. Through the course of providing services to the City,
Proposers/Contractors shall affirmatively comply with all applicable provisions of Title VI of the Civil
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Rights Act of 1964, the Civil Rights Restoration Act of 1987 and the Florida Civil Rights Act of 1992,
as well as all other applicable regulations, guidelines and standards. Any person who believes their
rights have been violated should report such discrimination to the City.
5.22 PUBLIC RECORDS
Section 119.01 Florida Statutes, The Public Records Law, provides that municipal records shall at all times be
open for personal inspection by any person. Information and materials received by the City in connection with all
Proposers' responses shall be deemed to be public record subject to public inspection and copying at the time the
City posts notice of its decision or intended decision concerning contract awards, or thirty (30) days after the
solicitation opening, whichever is earlier.
IF THE PROPOSERICONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS CONTRACT, CONTACT JEANETTE WILLIAMS, THE CITY
CLERK AND CUSTODIAN OF PUBLIC RECORDS AT 772-388-8215 / EMAIL
iwilliamsncitvofsebastian.org CITY OF SEBASTAIN, 1225 MAIN STREET, SEBASTIAN, FLORIDA
32958.
5.23 PUBLIC MEETING EXEMPTIONS
In accordance with Fla. Stat. §286.0113, any portion of a meeting in which (1) negotiations with a vendor is
conducted as part of the "competitive negotiation" process AND/OR (2) a vendor makes an oral presentation or
answers questions as part of the "competitive solicitation" process, are exempt from public meeting requirements
The City will post notice of its decision or intended decision concerning contract awards, or thirty (30) days after
the solicitation opening, whichever is earlier. Any portion of a committee meeting at which negotiation strategies
are discussed is exempt.
A complete record shall be made of any portion of an exempt meeting; no portion may be held off the record. The
recording of and any records presented at the exempt meeting are exempt from Fla. Stat. § 119.071 until such time
as the City posts notice of its decision or intended decision concerning contract awards, or thirty (30) days after
the solicitation opening, whichever is earlier, at which point the complete record becomes public and subject to
Section 119.01 Florida Statute, The Public Records Law.
5.24 PROTEST PROCEDURE
Any Bidder/Proposer who is aggrieved in connection with a competitive selection process may protest to the
Procurement/Contracts Manager. The protest shall be submitted in writing within three (3) calendar days after the
Bidder/Proposer knows or should have known of the facts giving rise to the protest. Failure of the Proposer to file
a timely formal written Protest within the specified time period shall constitute a waiver by the Proposer of all
rights to Protest. The formal written Protest must provide documentation which shall specify in detail the nature
of the grievance and the grounds upon which any relief, modification or change is based. If the protest is not
resolved by mutual agreement or if the protestor disagrees with the decision of the Procurement/Contracts
Manager, the protestor may appeal the decision to the City Manager and/or City Council, within seven (7)
calendar days of initial decision.
Stay of Procurement -- In the event of a timely and properly filed protest, the Procurement/Contracts Manager
shall not proceed further with the solicitation or award until all administrative remedies have been exhausted, or
until the City Manager or City Council, as appropriate, makes a determination on the record that the award of a
contract is necessary to protect substantial interests of the City.
SECTIONS BELOW REFERENCED ON FORM F - NOTIFICATIONS AFFIDAVIT
5.25 CONFLICT OF INTEREST
The resulting agreement is subject to the provisions of Chapter 112, Florida Statutes. All
Proposers/Contractors/Consultants must disclose within their bid/proposal to the City of Sebastian the name of
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any officer, director, or agent who is also an employee of the City of Sebastian (hereinafter the "City").
Furthermore, all Proposers/Contractors/Consultants must disclose the name of any City employee who owns,
directly or indirectly, an interest of more than five percent (5%) in the firm of any of its branches. Please submit
to the City all information on any potential conflict of interest related to provision of the goods or services
requested in this Solicitation.
The purpose of this disclosure is to give the City the information needed to identify potential conflicts of interest
for evaluation by the team members and other key personnel involved in the award of this contract. The term
"conflict of interest" refers to situations in which financial or other personal consideration may adversely affect,
or have the appearance of adversely affecting, an employee's professional judgment in exercising any City duty or
responsibility in administration, management, instruction, research, or other professional activities.
5.26 NO LOBBYING
All Proposers/Contractors/Consultants or and its officers, partners, owners, agents, representatives, employees or
parties in interest are hereby placed on notice that any communication, whether written or oral, with City of
Sebastian elected officials or any other staff or outside individuals working with the City in respect to this request
(with exception of the Procurement Division personnel designated to receive requests for interpretation or
corrections) is prohibited. These persons shall not be lobbied, either individually or collectively, regarding any
request for bid, proposals, qualifications and/or any other solicitations released by the City of Sebastian. To do so
is grounds for immediate disqualification from the selection process. The selection process is not considered
final until such time as the CRA Board and City Council have made a final and conclusive determination.
5.27 NO COLLUSION
Proposer/Contractor/Consultant and its officers, partners, owners, agents, representatives, employees or parties in
interest, swears and attests that it is fully informed respecting the preparation and contents of the attached
Solicitation, and of all pertinent circumstances respecting the provision of the goods or services to the City of
Sebastian. The Proposal, offer or submittal being made is genuine and is not collusive or a sham.
By submitting a response to this RFP, Proposer certifies that all information contained in the submittal is
truthful to the best of their knowledge and belief. Proposer further certifies, under oath, that this submittal
is made without any colluded, conspired, connived or agreed, directly or indirectly, with any other firm,
person or corporation responding to this solicitation for the same product or service.
5.28 IMMIGRATION LAWS
The City wiII not intentionally award City contracts to any Firm who knowingly employs unauthorized alien
workers, constituting a violation of the employment provisions contained in an 8 U.S.C. Section 1324 a(e)
(Section 274A (e) of the Immigration and Nationality Act ("INA"). Refer to E-Verify Acknowledgment in
solicitation documents.
5.29 DRUG -FREE WORKPLACE
In accordance with Florida Statute Section 287.087, Proposer/Contractor/Consultant certifies that the following:
(1) A written statement is published notifying that the unlawful manufacture, distribution, dispensing, possession
or use of a controlled substance is prohibited in the workplace named above and specifying actions that will
be taken against violations of such prohibition.
(2) Employees are informed about the dangers of drug abuse in the work place, the firm's policy of maintaining a
drug free working environment, and available drug counseling, rehabilitation, and employee assistance
programs, and the penalties that may be imposed upon employees for drug use violations.
(3) Employees are notified that as a condition of working on the commodities or contractual and will notify the
employer of any conviction of, plea of guilty or nolo contendere to, any violation of Chapter 1893, or of any
controlled substance law of the State of Florida or the United States, for a violation occurring in the work
place, no later than five (5) days after such conviction, and requires employees to sign copies of such written
(*) statement to acknowledge their receipt.
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(4) Requires 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.
(5) Makes a good faith effort to continue to maintain a drug free work place through the Implementation of the
drug free workplace program.
(6) Gives each employee engaged in providing commodities or contractual services that are under bid or
proposal, a copy of the statement specified above.
5.30 PUBLIC ENTITY CRIMES
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.
"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.
"Affiliate" as defined in Paragraph 287.133(I)(a), Florida Statutes, means:
(1) A predecessor or successor of a person or a corporation 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, or
(3) Those officers, directors, executives, partners, shareholders, employees, members, and agents who are active
in the management of an affiliate, or
(4) A person or corporation who knowingly entered into a joint venture with a person who has been convicted of a
public entity crime in Florida during the preceding 36 months.
Proposer certifies that neither the entity submitting, nor any of its officers, directors, executives, partners,
shareholders, employees, members or agents who are active in management of the entity, nor any affiliate
of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989.
Where the Proposer is unable to certify to all of the statement above, Proposer shall attach an explanation to this
submittal.
5.31 DEBARMENT AND SUSPENSION
Proposer certifies to the best of its knowledge and belief that it and its Drincioals:
a. Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
b. Have not within a three-year period preceding this application been convicted of had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State, or Local) transaction or contract under a
public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen
property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this
certification; and
d. Have not within a three-year period preceding this application had one or more public transactions
(Federal, State or local) terminated for cause or default.
e. Proposer must submit their Company Profile Page from SAM with their proposal.
f. City of Sebastian will not make an award to parties listed on the government -wide exclusions in the
Svstem for Award Management (SAM).
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Where the Proposer is unable to certify to all of the statements above, Proposer shall attach an explanation to this
submittal.
5.32 SCRUTINIZED VENDOR
Proposer certifies under penalties of neriurv. as of the date of this solicitation to provide goods and/or services to
the Citv of Sebastian. that it:
(1) Does not participate in a boycott of Israel; and
(2) Is not on the Scrutinized Companies that Boycott Israel List; and
(3) Is not on the Scrutinized Companies with Activities in Sudan List; and
(4) Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and
(5) Has not engaged in business operations in Cuba or Syria.
Submitting a false certification shall be deemed a material breach of contract. The City of Sebastian shall provide
notice, in writing, to the Contractor of the City's determination concerning the false certification. The Contractor
shall have ninety (90) days following the receipt of the notice to respond in writing and demonstrate that the
determination of false certification was made in error. If the Contractor does not demonstrate that the City's
determination of false certification was made in error then the City shall have the right to terminate the contract
and seek civil remedies pursuant to Florida Statute § 287.135.
Section 287.135, Florida Statutes, generally prohibits state agencies and departments, and local government
entities from: 1) Contracting with companies for goods or services in any amount if at the time of bidding on,
submitting a proposal for, or entering into or renewing a contract if the company is on the Scrutinized Companies
that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of
Israel; and 2) Contracting with companies, for goods or services over $1,000,000.00 that are on either the
Scrutinized Companies with Activities in Sudan List, or the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statute, or have been engaged in
business operations in Cuba or Syria.
SECTION 6 — REQUIRED FORMS
PROPOSAL CHECKLIST
Please use the following checklist as a reference to confirm all requirements are met in your RFP Proposal.
The bid shall be limited to no more than twenty (20) pages (NOT including required forms). Any responses exceeding
twentv (20) pages. NOT including the required forms, will be considered non -responsive and not considered for award.
You are expected to use Tabs dividing each section (tabs will not be included/counted in the twenty (20) pages).
Cover Letter (Refer to Section 3.1)
Table of Contents (Refer to Section 3.2)
TAB I - QUALIFICATIONS
Company Qualifications (Refer to Section 3.3)
Team Qualifications (Refer to Section 3.4)
TAB 2 - PROPOSED USE
Proposed Use of Site (Refer to Section 3.5)
Proposed Completion Time (Refer to Section 3.6)
TAB 3 - FINANCIAL REQUIREMENTS
Financial Ability (Refer to Section 3.7)
TAB 4 - REQUIRED FORMS (Refer to Section 6)
Contact Information Sheet -- FORM A
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Addenda Acknowledgment — FORM B
Proposed Purchase Price - FORM C
Proposer's Disclosure — FORM D
E-Verify Acknowledgement — FORM E
Notifications Affidavit — FORM F
Minority, Women and Disabled -Owned Business Concern Representation — FORM G
Please be advised that this checklist should not be interpreted as a comprehensive list of all information required by
this Solicitation from prospective Bidders. It simply serves as a reference or guide for the most significant documents to
be included in the bid and should be enhanced as deemed necessary. It is solely the Bidder's responsibility to read and
understand all requirements and adhere to all issued Addenda.
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MAILING LABEL
Proposer must submit proposal in a sealed envelope/box/container:
One (1) original proposal, including the deposit is required.
Eight (8) copies of the proposal are required.
One (1) USB with an electronic version is required.
Cut along the outer border and affix this label to the sealed envelope/box/container to identify the submission as a
Sealed Proposal.
SEALED RFP • DO NOT OPEN
SOLICITATION RFP 23-11
ff:
SOLICITATION Sale of City -Owned Property "100 Veteran
TITLE: Memorial Way" (Former Public Works
� dt
DUE Friday, July 21, 2023 @ 2:00 PM EST
DATE/TIME:
SUBMITTED
BY:
Proposer's Name
Proposer's Address
Proposer's Address
City of Sebastian
ATTN: Procurement Division
DELIVER TO: 1225 Main Street
Sebastian, Florida 32958
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HOME OF PELICAN
Provosals due by 2:00 PM EST on
FORM
A
RFP #23-11
PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY
CONTACT INFORMATION SHEET
Friday, July 21, 2023
.411 physical, in person submissions must be delivered
or mailed to:
City of Sebastian
ATTN: Procurement Division
1225 Main Street
Sebastian, Florida 32958
Check Addenda for revised due dates before
submitting your Bid. Late Bids will not be
accepted.
SOLICITATION
RELEASE
NO.:
DATE:
RFP 23-11
05/14/2023
SOLICITATION TITLE:
CONTACT:
Don Wixon
Procurement/Contracts
Manager
(772) 388-8231
Sale of City -Owned Property "100 Veterans Memorial Way"
(Former Public Works Compound)
Firm's Name and "Doing Business As", if applicable: I Federal Tax Identification
Number:
Address:
City: State: Zip Code:
Telephone No: Fax No:
E-Mail Address of Authorized Representative:
MINIMUM REQUIREMENTS
Firms that do not meet the minimum requirements as determined by the City, at its sole discretion, will be
deemed non -responsive and not considered for award (refer to page 6, Section 1.5). By placing a checkmark
next to each requirement, Proposer is confirming the requirement is met.
Proposer, or at least one of its General Partners, must be operating as the same business entity for a minimum
of five (5) years; and
Proven experience of successfully developing properties continuously for a minimum of five (5) years; and
:l Financial ability to provide the proposed redevelopment; and
7 No tax delinquency as an individual or member of a Corporation or Partnership; and
BID/PROPOSAL CERTIFICATION
I certify that I have carefully examined the RFP document and associated documents, including Addenda,
accompanying or made a part of this solicitation. I further certify that all information contained in this proposal
is truthful to the best of my knowledge and belief and that I am duly authorized to submit this proposal on
behalf of the company named above and that the company is ready, willing, and able to perform if awarded.
Printed Name
Title
The City reserves the right to reject any and all proposals, or to accept any proposal or portion thereof deemed
to be in the best interest of the Citv, and to waive any non -substantial irregularities.
Failure to fully complete and submit this Information Sheet may result in reiection of the submittal.
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HOME OF PELICAN ISLAND PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY
ADDENDA ACKNOWLEDGEMENT
Proposer's Name:
Proposer shall indicate below all Addenda received. Acknowledgement confirms receipt and understanding of issued Addenda.
Proposer understands that failure to acknowledge any addenda issued may cause their proposal to be considered non-
responsive. To confirm the number of addenda (if any), Proposer may contact the Procurement Division at (772) 388-8231.
ADDENDDUM# DATE
RECEIVED
1
2
3
4
5
6
7
8
9
to
No Addenda was received in connection with this solicitation.
Signature: Title:
Print Name: Date:
Failure to fullv comulete. sign and submit this Form may result in reiection of the submittal
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C RFP ##23-11
ISMD PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY
PROPOSED PURCHASE PRICE FORM
herein called the Buyer(s), hereby offer(s) and agree(s) to purchase
from the City of Sebastian, a Municipal Corporation, hereinafter called the City, at the price subject to the terms,
conditions, reservations, restrictions, and covenants herein stated, (see attached(s)), and easements, encumbrances and
other matters of record, and to all zoning, building or other Laws or Ordinances, the following described property.
In order to constitute an acceptable offer to purchase, all information requested below must be provided. The form must
be submitted with proposal.
Proposer's Name:
Proposer's Address:
City, State, Zip:
Phone Number:
Email Address:
Insert in the "Proposed Purchase Price" column, the total amount you agree to pay for the property. Entries must be typed
or clearly printed in ink. Use of erasable ink is not permitted. Strikeovers, changes, and corrections by the Proposer must
be initialed. Questionable entries will be rejected.
ADDRESS PROPOSED PURCHASE PRICE
1215 Indian River Drive
Sebastian, FL 32958 $
INTENDED USE (PLEASE Residential ' ' Commercial Mixed Use
CHECK) F1 F1
PROPOSER'S ACKNOWLEDGMENT
The Proposer understands that information contained on this Proposed Purchase Price Form is to be relied upon by the
City of Sebastian in awarding the specified RFP, and such information is warranted by the Proposer understands that the
City has the right to verify the information submitted and to seek any additional information relating to the Bidder's
qualifications. The discovery of any misstatement, which in the sole opinion of the City materially affects the Proposer's
qualifications to perform, shall cause the rejection of the Proposal, and if after the award, to cancel the sale of agreement.
The Proposer acknowledges that the deed will include a clause stating that the property reverts to the City of Sebastian if
substantial compliance with the provisions of the proposal is not met according to an agreed upon timeline.
Signature: Title:
Print Name: Date:
Failure to fullv complete, sign and submit this Form may result in reiection of the submittal
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HOME OF nUCAN ISLAND PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY
PROPOSER'S DISCLOSURE FORM
The undersigned certifies under oath the truth and correctness of all statements and all answers to questions made
hereinafter. Additional sheets may be attached if required.
Proposer's Name:
Address:
Contact Person:
Title:
Phone No.:
Email Address:
Federal Identification No.:
This Business is: O An Individual ( ) A Partnership ( ) A Corporation
Proposer's License No., if applicable:
*Attach certificate of status, competency, and/or state registration
(1) Has your firm or any of its officers, received a reprimand of any nature or been suspended by the
Department of Professional Regulations or any other regulatory agency or professional association within
the last five (5) years? YES ❑ NO ❑
(2) Has your firm, or any member of your firm, been declared in default, terminated or removed from a
contract or job related to the services your firm provides in the regular course of business within the last
five (5) years? YES R NO ❑
(3) Has your firm had against it or filed any request for equitable adjustment, contract claims, bid protest, or
litigation in the past five (5) years that is related to the services your firm provides in the regular course of
business? YES ❑ NO
(4) Describe each affiliation or business relationship with an employee, board member, elected official(s) or an
immediate family member of any such person of the City of Sebastian. If none, write NONE.
(5) Describe ANY other affiliation or business relationship that may cause a conflict of interest. If none, write
NONE.
If yes, state the nature of the request for equitable adjustment, contract claim, litigation, or protest, and state a brief
description of the case, the outcome or status of the suit and the monetary amounts or extended contract time involved.
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CONTINUED NEXT PAGE
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I hereby certify that all statements made are true and 1 agree and understand that any misstatement or misrepresentation
or falsification of facts shall be cause for forfeiture of rights for further consideration of this proposal for the City of
Sebastian.
Signature
Date
Failure to fully conwiete. sign and submit this Disclosure may result in reiection of the submittal
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HOME OF PELICAN FSLAND PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY
E-VERIFY ACKNOWLEDGMENT
Effective January 1, 2021, public and private employers, contractors and subcontractors will be required to register with,
and use the Employment Eligibility Verification System (E-Verify) to verify the work authorization status of all newly
hired employees. The E-Verify system can be obtained at the U.S. Department of Homeland Security website:
ham://www/dhs.2ov/E-Verify.
"Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to
provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration (also referred to
as Vendor or Consultant).
"Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another
subcontractor in exchange for salary, wages, or other remuneration (also referred to as Sub -Vendor or Sub -Consultant).
Vendor/Consultant/Contractor acknowledges and agrees to utilize the U.S. Department of Homeland Security's E-Verify
System to verify the employment eligibility of -
All persons employed by Vendor/Consultant/Contractor during the term of the contract, (including assigned sub-
vendors/sub-consultants/sub-contractors), to perform employment duties within Florida and any work in pursuant to
the contract with the City.
By entering into a contract with the City, the Proposer/Contractor/Consultant becomes obligated to comply with the
provisions of Section 2. Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This
includes, but is not limited to, utilization of the E-Verify System to verify the work authorization status of all newly hired
employees, and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ.
contract with, or subcontract with, an unauthorized alien. The contractor shall maintain a copy of such affidavit for the
duration of the contract. Failure to comply will lead to termination of resulting contract, or if a subcontractor knowingly
violates the statute, the subcontract must be terminated immediately. Any challenge to termination tinder this provision
must be filed in the Circuit Court of Indian River County, Florida no later than 20 calendar days after the date of
termination. If the resulting contract is terminated for a violation of the statute by the Contractor, the Contractor may not
be awarded a public contract for a period of 1 year after the date of termination.
I hereby acknowledge and agree that use of the U,S. Department of Homeland Security's E-Verify System during the term
of the contract is a condition of the resulting contract with the City of Sebastian.
Company Name:
Authorized Name: Title:
Signature: Date:
Proposer must submit their Comt)anv Profile Page from E-Verifv with their bid.
State of
County of
This instrument was acknowledged before me on
(Date)
Notary Public Signature
Failure to fullv complete. sign and submit this Affidavit may result in reiection of the submit
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��� FORM
—'' F RFP #23-11
HOME OFPiLf ISMD PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY
NOTIFICATIONS AFFIDAVIT
I, 1 ,
(Print Authorized Name) (Title)
MG
(Company Name)
affirm that 1 read and understand, as well as accept all requirements and regulations listed in sections 4.27 — 4.35 of the
above referenced solicitation document to include the following notifications:
• Conflict of Interest
• No Lobbying
• No Collusion
• Immigration Laws
• Drug -Free Workplace
• Public Entity Crimes
• Debarment and Suspension, Prouoser must submit their Comuanv Profile Page from-SAM with
their bid.
• Scrutinized Vendor
• Performance Evaluation
Signature: Date:
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State of
County of
The foregoing Affidavit was acknowledged before me on (DATE).
Notary Seal] _
Notary Public Signature
Failure to fullv comalete. sizn and submit this Affidavit may result in resection of the submittal
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HOME of PELICAN IS MD PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY
MINORITY. WOMEN and DISABLED -OWNED BUSINESS CONCERN REPRESENTATION
Minority -Owned Business: a minority -owned business concern means a business concern that: (1) is at least 51
percent unconditionally owned by one or more individuals who are considered to be a member of a minority group, or a
publicly owned business having at least 51 percent of its stock unconditionally owned by one or more members of a
minority group; and (2) has its management and daily business controlled and operated by one or more such
individuals. Individuals who certify that they are members of minority groups (African Americans, Hispanic
Americans, Native Americans, Asian -Pacific Americans, Asian -Indian Americans, and other minorities) are to be
considered minority -owned enterprises.
Women -Owned Business: a business that is at least 51 percent owned by a woman or women who also control and
operate it.
Disabled Owned Business: a business that is at least 51 percent owned by a person or persons with severe physical
or mental disabilities, which substantially limits one or more of the person's major life activities and which person
or persons control, and operate such business.
"Control" in this referenced context means exercising the power to make policy decisions. "Operate" means being
actively involved in the day- today management of the business.
The City of Sebastian shall rely on written representations of concerns regarding their status as
minority/women/disabled-owned businesses. Proposer agrees to submit infonnation regarding the minority ownership
of its subcontractors on request.
COMPLETE THE SECTION BELOW AND RETURN THIS FORM WITH BID. FAILURE TO DO SO MAY
RENDER THE OFFEROR'S BID UNACCEPTABLE.
A. Representation. The Proposer represents that it is O, is not ( ) a minority -owned business concern.
B. Representation. The Proposer represents that it is O, is not ( ) a women -owned business concern.
C. Representation. The Proposer represents that it is ( is not ( ) a disabled -owned business concern.
Please Check ADDrooriate Box/Boxes
African AmerlcanL Caucasian (CAUC) JJ Native American (NAAM)
(AFRAM)
Hispanic Americans Asian -Pacific American (ASIAP) 7 Asian Indian (ASIAI)
(HISP) American
Other, please identify: Woman Owned (W) Disabled Owned (D)
The Proposer has / has not used the following procedures in searching for and obtaining suppliers and
subcontractors:
• Place Minority -Owned Businesses on solicitation lists.
• Ensure that Minority -Owned are solicited whenever they are potential sources.
• Consider contracting with consortia of Minority -Owned Businesses when an intended contract is too large for any
one such firm to handle on its own or, if economically feasible, divide larger requirements into smaller transactions
for which such organizations might compete.
• Make information on contracting opportunities available and establish delivery schedules that encourage
participation by Minority Owned Businesses.
• Use the services and assistance of the SBA and Department of Commerce Minority Business Development
Agency, as appropriate.
Page 30 of 32
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CM.
STUN
HOME OF PELICAN ISLAND
Company Name
Address
Phone #
RFP #23-11
PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY
City Zip
State
Email Address FEIN #
Signature of Company Official
Print Name
Date
Page 31 of 32 90 of 562
RFP #23-] 1
PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY
SOLICIATION INFORMATION FORM
Please submit this form to assist us in learning more about how our solicitation opportunities are most often found,
Company's Name:
Company Address:
Phone No:
Please tell us how you found out this Request for Proposals was released/available (mark all that applies):
Indian River Press Journal (fCPalns)
DemandStar/Onvia
City of Sebastian Web Site
Other (please specify belon j
Page 32 of 32
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0
Request for Proposal
RFP #23-11 ;
For the Purchase of City -Owned Property and Provision of a Mixed -
Use Development at 100 veterans Memorial Way, Sebastian, Florida
(Former Public Works Compound)
SUBMITTED' BY:
STILLDRAGON
7788 Central industrial Drive, Suite 6
West Palm Beach, FL 33404
561-845-8009 ext. 102
smaug@stilldragon.com
bilI@stilIdragon.com
FE1: 46-0548006
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I `
�q - STILLDRAGON
7788 Central Industrial Drive, Suite 6
West Palm Beach, FL 33404
681 ;846-8009 ext 102
smaug@stilldragon.com / blll@stilldragon.com
FEI: 46-0648006
July 14, 2023
Don Wixon, Procurement/Contracts Manager
City of Sebastian
Attn: Procurement Division
1225 Main Street
Sebastian, FL 32958
Re: City of Sebastian Request for Proposal (RFP 23-11)
For the Purchase of City -Owned Property and Provision of a Mixed -Use Development at 100
Veterans Memorial Way, Sebastian, Florida (Former Public Works Compound)
Dear Mr. Wixon and Members of the Reviewing Committee:
In accordance with the above -referenced Request for Proposal for the City of Sebastian, Stilldragon North
America LLC is pleased to submit this cover letter and the attached proposal for.
Purchase of City -Owned Properly and Provision of a Mixed -Use Development at 100 Veterans Memorial
Way, Sebastian, Florida (Former Public Works Compound)
StillDragon North America LLC has reviewed in detail the Request for Proposal, Exhibits A, B, C, and D,
Addendum 41 and attended the mandatory Pre -Proposal Conference on June 7, 2023, and provides this letter of
interest to be considered for contract negotiations for the purchase of City -Owned Property "100 Veterans
Memorial Way" (Former Public Works Compound).
StillDragon is a full -service distillery solutions provider with a focus on distillery equipment innovation led by
industry veteran Larry Taylor. Founded in 2012 StillDragon' is the 6riginal Modular distillation equipment
designer and provider. With his ethos of "spirit first evaluation" and focus on consistent product improvement,
Larry has driven the growth of StillDragon and its innovative equipment offerings. In an industry spanning
centuries, StillDragon has introduced many first to market distillery technologies under Larry's leadership_
Including but not limited to the Modular Distillation Equipment, the CrystalDragonTm Distillation Column,
ProCapTM Enhanced Distillation Trays, craft scale Continuous Distillation Systems, and SD SmartStil"
Distillery Automation Suite.
StillDragon equipment is currently Designed and Assembled in West Palm Beach, FL. We provide customers
with Custom Designed and Manufactured Equipment, Consulting, Equipment Installation, Equipment
Financing, Automation Implementation, and Training.
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StillDragon, now in its twelfih year, has sold over 1000 Stills to over 500 distilleries in the United States.
Hundreds of aspiring and successful craft distilleries have and do rely on the knowledge and expertise of
StillDragon and its staff to ensure they get the right equipment, at the right time, on time to empower their
growth and meet the ever-growing demand for high quality craft spirits. StillDragon also directly supports the
fiscal and knowledge growth of the industry.
StillDragon is a Florida Limited Liability Company_ Enclosed within this proposal you fmd documentation that
proves financial ability to provide the proposed redevelopment of the city -owned property Iocated at 100
Veterans Memorial Way. Neither StilU)ragon nor its managing member Lawrence Taylor has any tax
delinquency nor any pending or completed litigation claims made, contract disputes, alleged defaults and liens
arising in connection with the performance of any services by the company or by current or former members,
within the Iast three years. Additionally, StillDragon has no unabated code violations for any other properties
within the City of Sebastian.
Based on review of the Performance Overlay District regulations and the current PS zoning, the proposed
redevelopment wiII not create a non -conforming use since wholesale trades and services use includes
distribution and trades and skilled services includes light manufacturing.
In closing, you will find the attached information to be in order and sufficient for consideration of contract
negotiations_ We look forward to working with you on the redevelopment of this exciting project.
Respectfully,
147
Lawrence Taylor
Managing Member
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0
TABLE OF CONTENTS
QUALIFICATIONS
Proposer/Company Qualifications .......................................................................................................... .
TeamQualifications.............................................................................................................................................. 9
PROPOSED USE
ProposedUse of Site............................................................... .... .............................. .... .................... 13
ProposedCompletion Time................................................................................................................................... 13
FINANCIAL REQUIREMENTS
FinancialAbility.................................................................................................................................................... 20
ConfidentialInformation...................................................................................................................................... NIA
REQUIRED FORMS
Contactinformation Sheet — FORM A............................................................................................................... 22
Addenda Acknowledgment — FORM B................................................................................................................ 23
Proposed Purchase Price FORM C..................................................................................................................... 24
Proposer's Disclosure — FORM D.......................................................................................................................25
E-Verify Acknowledgement — FORM E............................................................................................................. 27
Notifications Affidavit — FORM F'...................................................................................................................... 28
Minority, Women and Disabled -Owned Business Concern Representation — FORM G ........................... 29
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QUALIFICATIONS
PROPOSERICOMPANY QUALIFICATIONS
The StillDragon Team
Larry Taylor, Founder Shareholder
Mr. Taylor is the Founder and owner of StillDragon North America LLC. He founded StillDragon in 2012. He
is recognized as a pioneer in the craft distilling equipment space. His remarkable depth of knowledge on all
things distillation has directly resulted in the success and growth of StillDragon. With the addition of a distillery,
he looks forward to delivering world class spirits.
StillDragon has introduced first to the distillery market several technologies, including but not limited to,
Modular Distillation Equipment, the CrystalDragonrm Distillation Column, ProCaVm Enhanced Distillation
Trays, craft scale Continuous Distillation Systems, and SD SmartStillTm Distillery Automation Suite.
Jeff Rasmussen, Director of Sales
Mr. Rasmussen is currently the Director of Sales for StillDragon North America, LLC and has been with the
company since 2013.'He-is well known and highly respected in the craft"spirits industry: Prioi-to StillDragon hd
founded and owned an office equipment technology company. He is best described as a passionate solution
architect. Over the past two decades he has worked with countless customers to provide unparalleled service
from enterprise level corporate customers to main street storefront sole proprietors.
Bill Harger, Director/ Board Member
Mr Harger is a Florida based operationally oriented private equity investor and entrepreneur with greater than 30
years experience in the real estate development, telecom, technology, power generation, and aviation sectors.
Over his career, he has served as a CEO, Chairman, Director of numerous public, private, and non-profit boards,
where -he has -helped many companies -scale --and -professionalize:-Experience -operating in -the-United States;
Europe, and the Middle East.
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CRAFT DISTII,LERY INDUSTRY FACTS
• United States: over 2300 operating Craft Distilleries Estimated over 8000 in 2028
• Florida. over 70 operating Craft Distilleries, Estimated over 250 in 2028
• Treasure Coast: Only 5 operating Craft Distilleries
o All 5 are less than 2 years old
0 2 in Stuart FL, Frazier Creek Brewery and Distillery, Muscle Craft Distillery
0 2 in Vero Beach FL, Indian River Distillery and 21' Amendment Distillery
0 1 in Fort Pierce FL, Islamorada Brewery and Distillery
• Florida provides over 87,000 Spirits Supported Jobs
• Spirits Economic Activity in Florida is estimated over $9,000,000,000 annually
StillDragon is proud to have been involved in the creation and implementation of the Florida Distillery Trail.
httt)s-,//www.floridacraftwirits.org/
The Kentucky Bourbon Trail has attracted over 2.5 Minion visitors.
The Florida Distillery Trail anticipates over 1 million unique visitors.
Florida's tourism agency, Visit Florida, estimated a record 37.9 million travelers into the state during the first
quarter of 2023.
Useful links / Additional information:
hitns://www.€loridacraftsnirits.ortr/
itttnsll`moo0hine_ufivmii�.comhT_ - -- _
httr)s://www.visitflbrida.comleat-and-drink/disdlleries/
httus:tldestinationdistiilerv.com/disdlieric-s/
97 of 562
PROPOSED USE
PROPOSED USE OF SITIE
StillDragon North America LLC will immediately relocate its current manufacturing and distribution facility in
West Palm Beach to the existing 4,000 SF+ building 'A' on the attached conceptual plan. Upon relocation to
Sebastian, we will seek to hire 2040 new employees within the first I2 months to fill such positions as
administrative, sales, design, manufacturing assembly, and distribution.
The existing 2,900 SF+ building `B and C' on the attached conceptual plan will be the Sebastian Distillery and
Distillation Education Center. The distillery will also support the Sebastian Distillery craft cocktail tasting room,
restaurant, and gift shop located in the existing 1,700 SF+ building `D and E' on the attached done itual plan.
Additional outdoor patio seating, extensively tropical landscaped outdoor botanical garden, and comfortable
open green space with communal tables will accommodate large groups without feeling crowded. The outdoor
space will make for a dog -friendly atmosphere that also allows for family friendly activities. Live entertainment,
such as musicians or bands, will perform on select nights. Special events and holidays will be celebrated with
unique offerings. We envision this as a gathering place for friends and family to learn the process of our
grain/cane-to-glass spirits Distillery.
The attached conceptual site plan, architectural elevations, and renderings depict the proposed aesthetic of the
site.
The anticipated square footage per use:
Existing 4,000 sfBuilding A: Manufacturing / distribution
Existing 2,900 sf Building B and C: Sebastian Distillery and Distillation Education Center
Existing 1,700 SF Building D and E: craft cocktail tasting room, restaurant, and gift shop
Future expansion to Building A 1,500 SF
Future addition Building F: 3,200 SF
Estimated parking counts: 45
Number of stories in proposed structures: 2
PROPOSED COMPLETION TMM
StiIlDragon Occupancy and Operation:
Immediate Occupancy of Building designated A upon closing.
Redevelopment of entire plan within 12 months of closing and permitting.
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FINANCIAL REQUIREMENTS
FINANCIAL ABILITY
StillDragon Sebastian Distillery has budgeted $3,200,000 for renovation, buildout, and fixtures, furniture and
equipment.
FUNDING MECHANISM
Proposed funding is a combination of current operating capital, private loans, and commercial bank loans.
REQUESTED WAIVERS
The site consists of the City's former public works compound (the "Property') and lies rvithib the Riverfront
Performance Overlay and Sebastian Boulevard Triangle Overlay districts. StillDragon North America, LLC
C'Still•Dragon'� is in the craft spirits business. StillDragon purposes to construct a state-of-the-art spirits
distillery business on the Property. StillDragon's vision is to redevelop the Property and build a facility that is
aesthetically attractive, clean, and uncluttered, with lush vegetation and landscaping, complimenting an
architecturally designed campus with stylish signage. A distillery, tasting room, bar, and distillation educational
center are envisioned, along with receiving, storing, design, manufacturing, assembly and shipping of distillery
equipment_
In order to facilitate the redevelopment design concept, StillDragon will need the City's cooperation through the
granting of various waivers,- such as acknowledging the grandfathering of the existing buildings, repurposing
them for the proposed use, compliance with dimensional standards such as setbacks, open space, height,
building size, coverage and other land development requirements. Also, material finishes, parking, and review
fees.
At this time, it is premature to list the waivers that will be necessary. As the architecturally designed appearance
of the property advances, the necessary waivers will be reviewed with the City such that StillDragon's concept
and the City's concept for the ultimate development of the property will be mutually agreeable.
PROPOSED PURCHASE PRICE
1,OSO,Ot}0.(l0 One Ivfillion Fifty Thousand Dollars USD -
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REQUIRED FORMS
REQUn ED FORMS
Included within this section are the following completed required forms:
Contact lnforruation Sheet -- FORM A
Addenda Acknowledgment — FORM B
Proposed Purchase Price- FORM C
Proposer's Disclosure — FORM D
E-Verify Acknowledgement — FORM E
Notifications Affidavit — FORM F
Minority. Women and Disabled -Owned Business Concern Representation — FORM G
112 of 562
s�Ti4k FORM
RFP #23-11
HOME CE PEUC N IflWD PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY
CONTACT INFORMATION SHEET
Proposals due by 2:00 PM Local Time tin
Friday, July 14, 2023
411 physica4 in -person submissions must be delivered
or mailed to.
City of Sebastian
ATTN: Procurement Division
1225 Main Street
Sebastian, Florida 32958
Check Addenda for revised due dates before
submitting your Bid- Late Bids will not be
accepted.
SOLICITATION RELEASE CONTACT:
NO.: DATE: Don Wixon
RFP 23-11 05/17/2023
Procurement/Contracts
Manager
(772)388-8231
SOLICITATION TITLE:
Sale of City -Owned Property 11100 Veterans Memorial Way'
(Former Public Works Compound)
Firm's Name and "Doing Business As", if applicable:
Stilldragon Forth America LLC
Address: 7788 Central Industrical Drive, Suite 6
City: West Palm Beach
Telephone No. 561-845-8009 ext. 102
Federal Tax Identificationf
Number: 46-0548006
State: FL ! Code:
Fix—No:
E-Mail Address of Authorized Representative: Smaug@stilldragon.com and bill@stilldragon.com
MINIMUM REQUIREMENTS
Firms that do not meet the minimum requirements as determined by the City, at its sole discretion, will be
deemed non -responsive and not considered for award (refer to page 9, Section 1.5). By placing a checkmark
next to each requirement, Proposer is confirming the requirement is met.
M Proposer, or at least one of its General Partners, must be operating as the same business entity for a minimum
of five (5) years; and
, proven experience of successfully developing properties continuously for a minimum of five (5) years; and
6rFinancial ability to provide the proposed redevelopment; and
VVo tax delinquency as an individual or member of a Corporation or Partnership; and
7 o unabated code violations for other properties within the City of Sebastian; and
o creation of a non -conforming use.
BID/PROPOSAL CERTIFICATION
I certify that I have carefully examined the RFP document and associated documents, including Addenda,
accompanying or made a part of this solicitation. I further certify that all information contained in this proposal
is truthful to the best of my knowledge and belief and that I am duly authorized to submit this proposal on
behalf of the company named above and that the company is ready, willing, and able to perform if awarded.
Lawrence Taylor Managing Member
Printed Name �-- - - — 7 de
The City reserves the right to reject any and all proposals, or to accept any proposal or portion thereof deemed
to be in the best interest of the City, and to waive any non -substantial irregularities.
Failure to fulh complete and submit this Information Sheet may result in resection of the submittal.
Page 25 of 34
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,moo � FORM
- V B _ RFP #23-11
'OME 4FP ""'I ' PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY
ADDENDA ACKNOWLEDGEMENT
Proposer's Name: Stilldragon forth America LLC
Proposer shall indicate below all Addenda received. Acknowledgement confirms receipt and understanding of issued Addenda.
Proposer understands that failure to acknowledge any addenda issued may cause their proposal to be considered non-
responsive. To confirm the number of addenda (if any), Proposer may contact the Procurement Division at (772) 388-823 1.
rADDENDDUM # I DATE
RECEIVED
1 6/1312023
2
+3
4-
4
Is
I�
7
a
9
10
No Addenda was recei n connection wi lic%tation.
Signature: _ Title: Managing Member
Print Name: Lawrence Taylor Date: 7/14/2023
Failure to fully comnlete. sign and submit this Form may result in reiection of the submittal
Page 26 of 34
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FORM
G RFP #23-11
H ME °F MXM MAW PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY
PROPOSED PURCHASE PRICE FORM
Stiildragon North America LLC _ herein called the Buyer(s), hereby offer(s) and agree(s) to purchase
from the City of Sebastian, a Municipal Corporation, hereinafter called the City, at the price subject to the temps,
conditions, reservations, restrictions, and covenants herein stated, (see attached(s)), and easements, encumbrances and
other matters of record, and to all zoning, building or other Laws or Ordinances, the following described property.
In order to constitute an acceptable offer to purchase, all information requested below trust be provided. The form must
be submitted with proposal.
Proposer's Name: Stilldragon North America LLC
Proposer's Address: 7788 Central Industrical Drive, Suite 6
City, State, zip: West Palm Beach, FL 33404
Phone Number: 561.845-8009 ext. 102 Email Address: Smaug@stllldragon.com and bill@stllldragon.Mm
Insert in the "Proposed Purchase Price" column, the total amount you agree to pay for the property. Entries must be typed
or clearly printed in ink. Use of erasable ink is not permitted Stlrikeovers, changes, and corrections by the Proposer must
be initialed. Questionable entries will be rejected.
ADDRESS - - PROPOSED PURCHASE PRICE - -
100 Veterans Memorial Way,
Sebastian, FL 32958 $ 1,050,000.00
INTENDED USE (PLEASE ❑ Residential I V1 Commercial Mixed Use
CHECK �=!EJ I
PROPOSER'S ACKNOWLEDGMENT
The Proposer understands that information contained on this Proposed Purchase Price Form is to be relied upon by the
City of Sebastian in awarding the specified RFP, and such information is warranted by the Proposer understands that the
City has the right to verify the information submitted and to seek any additional information relating to the Bidder's
qualifications. The discovery of any misstatement, which in sole opinion of the City materially affects the Proposer's
qualifications to perform, shall cause the rejection of the P al, and if after the award, to cancel the sale of agreement.
The Proposer acknowledges that eed will include • e stating that the property reverts to the City of Sebastian if
substantial compliance with pr isions of the s is not met according to an agreed upon timeline.
Signature: // �4-
Title: Managing Member
Print Name: Lawrence Taylor
Date: 7/14/2023
Failure to fully complete. sir_n and submit this Form mar result in reiection of the submittal
Page 27 of 34
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FORM
a 200 -- b RFP #23-11
H"sEOF"""a`AND PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY
PROPOSER'S DISCLOSURE FORM
The undersigned certifies under oath the truth and correctness of all statements and all answers to questions made
hereinafter. Additional sheets may be attached if required-
Proposer's Name:
Stilldragon North America LLC
Address:
7788 Central Industrical Drive, Suite 6
West Palm Beach, FL 33404
Contact Person:
Lawrence Taylor -
Title:
Managing Member
Phone No.:
561-845_-8009 ext. 102
Email Address:
Smaug@stllldragon.com and blll@stflldragon.com
Federal Identification No.:
46-0548006
This Business is:
( ) An Individual ( ) A Partnership (VA Corporation
Proposer's License No., iLapnlicahle:
*Atfgc�certificate of states, competency, and/or state registration
(1) Has your firm or any of its officers, received a reprimand of any nature or been suspended by the
Department of Professional Regulations or ae other regulatory agency or professional association within
the last five (5) years? YES R NO 7
(2) Has your firm, or any member of your firm, been declared iu default, terminated or removed from a
contract or job related to the services your firm provides in the regular course of business within the last
five (5) years? YES ❑ NO M
(3) Has your firm had against it or filed any request for equitable adjustment, contract claims, bid protest, or
litigation in the past five (5) years that is related to the services your firm provides in the regular course of
business? YES NO 10
(4) Describe each affiliation or business relationship with an employee, board member, elected official(s) or an
immediate family member of any such person of the City of Sebastian. If none, write NONE.
None
(5) Describe ANY other affiliation or business relationship that may cause a conflict of interest. If note, write
NONE.
None
If yes, state the nature of the request for equitable adjustment, contract claim, litigation, or protest, and state a brief
description of the case, the outcome or status of the suit and the monetary amounts or extended contract time involved.
aarnar■r■rreerer■reeaeeaeeeaeea■■■er■ara■■■ae■rer■eaeeeaa■■■aeea■■■■erraaereeeen■■■■r■■■■■a
CONTINUED NEXT PAGE
Page 28 of 34
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ma
RFP #23-1 I
H0"aOFPEWM N° PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY
1 hereby certify that all statements made are true and 1 agree and understand that any misstatement or misrepresentation
or falsification a{ r Is shall be ca��or forfeiture of rights for further consideration of this proposal for the City of
Sebastian. / - %
7/14/2023
Date
Failure to fully complete, sign and submit this Disclosure may result in reiection of the submittal
Page 29 of 34
117 of 562
F FORM
E J RFP #23-11
10A"E or `E"`"" uuuo PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY
E-VERIFY ACKNOWLEDGMENT
Effective January 1, 2021, public and private employers, contractors and subcontractors will be required to register with,
and use the Employment Eligibility Verification System (E-Verify) to verify the work authorization status of all newly
hired employees. The E-Verify system can be obtained at the U.S. Department of Iiomeiand Security website:
hitp://www/dhs.,6,oA- erffi,.
"Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to
provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration (also referred to
as Vendor or Consultant).
"Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another
subcontractor in exchange for salary, wages, or other remuneration (also referred to as Sub -Vendor or Sub -Consultant).
Vendor/Consultant/Contractor acknowledges and agrees to utilize the U.S. Department of Homeland Security's E-Verify
System to verify the employment eligibility of:
■ All persons employed by Vendor/Consultant/Contractor during the term of the contract, (including assigned sub-
vendors/sub-consultants/sub-contractors), to perform employment duties within Florida and any work in pursuarn to
the contract with the City.
By entering into a contract with the City, the Proposer/Contractor/Consultant becomes obligated to comply with the
provisions of .Section .Z. Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This
includes;'but is not lirndied fo,- utilization of the E-Verify System to verfy the work author zaiion status of all *newv7j�wirid
employees, and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ,
contract with, or subcontract with, an unauthorized alien_ The contractor shall maintain a copy of such affidavit for the
duration of the contract failure to comply will lead to termination of resulting contract, or if a subcontractor knowingly
violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision
must be filed in the Circuit Court of Indian River County, Florida no later than .20 calendar days after the date of
termination. If the resulting contract is terminated for a violation of the statute by the Contractor, the Contractor may not
be awarded a public contract far a period of I year after the dale of termination.
1 hereby acknowledge and agree that use of the US. Department of Homeland Security's E-Verify System during the term
of the contract is a condition of the resulting contract witb the City of Sebastian.
Company Name: Stilldragon North Ame ' a LLC
Authorized Name: r ce Taylor'
Signature:
Title: Managing Member
Date: 7I14/2023
Proposer must submit their Comnariv Profile Paue from E-Verify with their bid.
w,r**ir*t***t**tt,t*****fir#*f*,tir****3rt:r:hx**7r fr*ir**ir*Yc it**!*k****,t,r#*+e,r*****,k 4ir rr,kWxxx**,r�r,t.r&*�&�t:t*•k*wxx•,r
State of Florida
County of
This instrument was acknowledged before me on 7/14/2023
--- j(Date)DAfMIR JEFF'BttSAN
��F@riy Irs a of Florida
= commfsslon p 3316G6 Otarlie Sle
My Comm. Explres Dec d, 2026 y
`.. .� i J7� . r•:�-ter �m
Failure to fulh, comalete. sign and submit this Aftida4t may result in resection of the submit
Page 30 of 34
118 of 562
FORM
2 F RFP #23-11
HOMEOMICANWAN PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY
NOTIFICATIONS AFFIDAVIT
1, Lawrence Taylor
(Print Authorized Name)
of Stilldragon North America LLC
Managing Member
(Title)
(Company Name)
-
affirm that I read and understand, as well as accept all requirements and regulations listed in sections 5,25 W 5.32 of the
above referenced solicitation document to include the following notifications:
Signature:
• Conflict of Interest
• No Lobbying
• No Collusion
• Immigration Laws
• Drug -Free Workplace
• Rdlic Entity Crimes
• Debarment and Suspension, Pr000ser must submit their Companv Profile Page from SAM with
their bid.
• ScrutiniZed Vendor
�J Date: 7/14/2023
**�****,t**��*�***********x*x**+r�r**vrw,k,�*,r**�****-*--r*�*'�**j,r**,rt***�,a***sr*«�*sr*t**********(*,�*«**•*�*,r�rn*
State of Florida
County 04&M
r'
The foregoing Affidavit was acknowledged before me on 7/14/2023 (DATE).
Yl ;
DAUAift N
f
ak>a JEff'ERSO
Notary Public - State of Florid.
Commission N HH 337i8i
"-O�•'? My Comm. £xpirei Dec 4, 2026
1
i
Notam'Public SignaturO
V
Failure to full►, complete, siin and submit this Affidavit may result in rejection of the submit
Page 31 of 34
119 of 562
FORM
-- G RF'P 423-11
H0ME°rft"`""'N° PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY
MINORITY. WOMEN and DISABLED -OWNED BUSINESS CONCERN REPRESENTATION
Minority -Owned Business: a minority -owned business concern means a business concern that: (1) is at least 51 percent
unconditionally owned by one or more individuals who are considered to be a member of a minority group, or a publicly
owned business having at least 51 percent of its stock unconditionally owned by one or more members of a minority
group; and (2) has its management and daily business controlled and operated by one or more such individuals.
Individuals who certify that they are members of minority groups (African Americans, Hispanic Americans, Native
Americans, Asian -Pacific Americans, Asian -Indian Americans, and other minorities) are to be considered minority -owned
enterprises.
Women -Owned Business: a business that is at least 51 percent owned by a woman or women who also control and
operate it.
Disabled Owned Business: a business that is at least 51 percent owned by a person or persons with severe physical or
mental disabilities, which substantially limits one or more of the person's major life activities and which person or persons
control, and operate such business.
"Control" in this referenced context means exercising the power to make policy decisions. "Operate" means being
actively involved in the day- today management of the business.
The City of Sebastian shall rely on written representations of concerns regarding their status as minority/women/disabled-
owned businesses. Proposer agrees to submit information regarding the minority ownership of its subcontractors on
request.
COMPLETE THE SECTION BELOW AND RETURN THIS FORM WITH BID. FAILURE TO DO SO MAY
RENDER THE OF;FEROR'S BID UNACCEPTABL
A. Representation. The Proposer represents that it is (s not () a minority -owned business concern.
B. Representation. The Proposer represents that it is is not() a women -owned business concern,
C. Representation. The Proposer represents that it is is not ( ) a disabled -owned business concern.
Please Check Appropriate Box/Boxes
U African American Caucasian (CAUC) D Native American (NAAM)
(AFRAM)
❑ (Hisispanic American-3 Asian -Pacific American (ASIAP) G Asian Indian (ASLAI}
American
❑ Other, please identify: Li Woman Owned (W) ❑ Disabled Owned (D)
The Proposer has ❑/ has not iJ used the following procedures in searching for and obtaining suppliers aodsubcontractors:
• Place Minority -Owned Businesses on solicitation lists.
• Ensure that Minority -Owned are solicited whenever they are potential sources.
• Consider contracting with consortia of Minority -Owned Businesses when an intended contract is too large for any one
such firm to handle on its own or, if economically feasible, divide larger requirements into smaller transactions for
which such organizations night compete.
• Make information on contracting opportunities available and establish delivery schedules that encourage participation
by Minority Owned Businesses.
• Use the services and assistance of the SBA and Department of Commerce Minority Business Development Agency,
as appropriate.
CONTINUED ON NEXT PAGE REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Page 32 of 34
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I
:d�0
RFP #23-11
"°a'ForPE" PURCHASE AND REDEVELOP 100 VETERANS NMMORIAL WAY
SOLICIATIDN INFORMATION FORM
Please submit this form to assist us in learning more about how our solicitation opportunities are most often found.
Company's Name: Stilldragon North America LLC
Company Address: 7788 Central Industrical Drive, Suite 6, West Palm Beach, FL 33404
Phone No: 561-845-8009 ext. 102
Please tell us how you found out this Request for Proposals was releasedfavailable (mark all that applies):
Indian River Press Journal (TCPalm)
j DemandStar/Onvia
V City of Sebastian Web Site
Other (please specify below}
Page 34 of34
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AN APPRAISAL REPORT
OF THE CITY OF SEBASTIAN
FORMER PUBLIC WORKS FACILITY
LOCATED AT 100 VETERANS MEMORIAL WAY
AND 190 SEBASTIAN BOULEVARD
SEBASTIAN, FLORIDA 32958
APPRAISAL #46839
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ARMFIELD-WAGNER APPRAISAL & RESEARCH, INC.
PETER D. ARMFIELD, MAI CERT GEN RZ524
DANIEL A. NELSON, CERT GEN RZ897
August 21, 2023
Lisa Leger Frazier, AICP
Community Development Director
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
Dear Lisa:
1940 10TH AVENUE, P.O. BOX 791
VERO BEACH, FLORIDA 32960
TELEPHONE (772) 562-0532
Appraisal #46839
As requested, we have inspected the 3.63 ± acre parcel comprising the former City of
Sebastian Public Works facility at 100 Veterans Memorial Way and the adjacent vacant
parcel at 190 Sebastian Boulevard, in Sebastian, Florida. This is for the purpose of providing
you with our opinion of the Market Value of the fee simple estate of the real property
appraised, "As Is," as of August 11, 2023.
This Appraisal Report complies with the reporting requirements set forth under Standards
Rule 2-2(a) of the 2022-2023 Uniform Standards of Professional Appraisal Practice (USPAP).
The property is physically described in the following Appraisal Report, which explains the
analysis of data upon which our opinion of value is based. The opinions expressed in this
report and the value conclusion reported below are subject to the limiting conditions and
extraordinary assumptions on pages 1 - 4.
The subject property consists of a partially improved site located along Sebastian Boulevard
with main access via Veterans Memorial Way. The main site area contains the former City
of Sebastian Maintenance Compound which is presently vacant. The improvements include
three warehouse/office type buildings along with paved parking and drive areas, drainage
improvements, walkways, perimeter fencing, utility services, etc. This parcel contains
approximately 555 +- feet of frontage along the south side of Sebastian Boulevard westbound
and 162.55 +- feet along the west side of Veterans Memorial Way.
Additionally, a separate tax parcel at 190 Sebastian Boulevard contains around 100 +- feet
of frontage along the north side of Sebastian Boulevard eastbound. Total site size of the
subject property is indicated at 157,912 +- square feet, or 3.63 +- acres. The subject overall
site has an irregular shape, but with frontage along three roadways.
Current zoning is PS, Public Service for the main site area and CG, Commercial General for
the small parcel. Reportedly, the subject property has potential for rezoning to either CG, or
IN, Industrial, per the information provided.
123 of 562
Lisa Leger Frazier, AICP Appraisal #46839
Community Development Director
City of Sebastian
August 21, 2023
Page Two
The subject site contains the three older buildings, along with substantial site improvements.
These buildings range in size from 1,764 to 4,000 square feet and were built in 1979, 1992
and 1999. They total 9,322 square feet overall, plus covered work areas. These buildings
are not in use and the current condition is rated fair. These improvements have little to no
value to the subject overall site, in our opinion, considering their older age and current
condition, smaller building sizes and other factors, including the subject commercial location.
Further, the subject site reportedly has soil contamination and is currently under Petroleum
Restoration Program procedures.
Our opinion of the Market Value of the fee simple estate of the subject property, "As Is,"
utilized the Sales Comparison Approach. We considered sales of vacant and partially
improved commercial and industrial properties in the subject neighborhood and other areas
of Indian River County.
Based on the data and analysis as presented in this appraisal report, it is our opinion that the
Market Value of the fee simple estate of the real property appraised, "As Is," as of August 11,
2023 is:
ONE MILLION DOLLARS
($1,000,000)
The above Market Value conclusion has conditions and assumptions that are assumed to be
correct, as discussed in the appraisal report. It should be noted that if some or all of these
conditions or assumptions are not correct, it could affect our opinion of the subject Market
Value, as provided herein.
We believe the appraisal report to be complete, but any questions you may have are
welcomed.
Sincerely,
Daniel A. Nelson
State -Certified General
Real Estate Appraiser RZ897
Peter D. Armfield, MAI
State -Certified General
Real Estate Appraiser RZ524
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TABLE OF CONTENTS
LIMITING CONDITIONS AND UNDERLYING ASSUMPTIONS ....................
1
EXTRAORDINARY ASSUMPTIONS .........................................
2
APPRAISAL SUMMARY ..................................................
5
INTRODUCTORY COMMENTS ............................................
7
SCOPE OF WORK ......................................................
8
LEGAL DESCRIPTION ..................................................
11
OWNER OF PROPERTY AND SALES HISTORY .............................
14
LOCATION MAP .......................................................
15
PROPERTY PHOTOGRAPHS TAKEN 8/11/23 ...............................
16
INDIAN RIVER COUNTY AREA DATA ......................................
26
NEIGHBORHOOD......................................................
44
ZONING..............................................................
47
CONCURRENCY......................................................
49
ASSESSMENT AND TAXES ..............................................
49
UTILITIES............................................................
50
SITE DESCRIPTION....................................................
51
PLAT MAP............................................................
52
AERIAL MAP ..........................................................
53
COPY OF SURVEY .....................................................
54
FLOODZONE ........................................................
55
CENSUS TRACT .......................................................
55
SITE IMPROVEMENTS .................................................
55
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TABLE OF CONTENTS (continued)
SITE PLAN........................................................... 56
BUILDING IMPROVEMENTS ............................................. 57
BUILDINGS #1 .................................................... 58
BUILDING#3.......................................................... 59
HIGHEST AND BEST USE ............................................... 61
VALUATION PROCESS ................................................. 64
SALES COMPARISON APPROACH ....................................... 65
LAND SALE #1........................................................ 67
AERIAL MAP - SALE #1................................................. 68
LAND SALE#2........................................................ 69
AERIAL MAP - SALE #2................................................. 70
LAND SALE#3........................................................ 71
AERIAL MAP - SALE #3................................................. 72
LAND SALE#4........................................................ 73
AERIAL MAP - SALE #4................................................. 74
LAND SALE#5........................................................ 75
AERIAL MAP - SALE #5................................................. 76
LISTING#6........................................................... 77
AERIAL MAP - LISTING#6............................................... 78
LAND SALES SUMMARY AND ADJUSTMENT GRID .......................... 79
LAND SALES LOCATION MAP ........................................... 80
MARKETING TIME ..................................................... 82
REASONABLE EXPOSURE TIME ......................................... 82
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TABLE OF CONTENTS (continued)
CERTIFICATION OF APPRAISAL ......................................... 83
QUALIFICATIONS OF THE APPRAISER .................................... 85
APPRAISAL LICENSES ................................................. 88
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LIMITING CONDITIONS AND UNDERLYING ASSUMPTIONS
1. The value given in this appraisal report represents the opinion of the signer as to the Value
AS OF THE DATE SPECIFIED. Values of real estate are affected by an enormous variety
of forces and conditions will vary with future conditions, sometimes sharply within a short
time. Responsible ownership and competent management are assumed.
2. No responsibility is assumed for the legal description or for matters including legal or title
considerations. Title to the property is assumed to be good and marketable unless otherwise
stated.
3. The property is appraised free and clear of any or all liens or encumbrances unless
otherwise stated.
4. The information furnished by others is believed to be reliable. No warranty, however, is
given for its accuracy.
5. All engineering is assumed to be correct. The plot plans and illustrative material in this
report are included only to assist the reader in visualizing the property.
6. It is assumed that there are no hidden or apparent conditions of the property, subsoil, or
structures that render it more or less valuable. No responsibility is assumed for such
conditions or for arranging for engineering studies that may be required to discover them.
7. It is assumed that there is full compliance with all applicable federal, state, and local
environmental regulations and laws unless noncompliance is stated, defined, and considered
in the appraisal report.
8. It is assumed that all applicable zoning and use regulations and restrictions have been
complied with, unless a nonconformity has been stated, defined, and considered in the
appraisal report.
9. It is assumed that all required licenses, certificates of occupancy, consents, or other
legislative or administrative authority from any local, state, or national government or private
entity or organization have been or can be obtained or renewed for any use on which the
value estimate contained in this report is based.
10. It is assumed that the utilization of the land and improvements is within the boundaries
of property lines of the property described and that there is no encroachment or trespass
unless noted in the report.
11. The distribution, if any, of the total valuation in this report between land and
improvements applies only under the stated program of utilization. The separate allocations
for land and buildings must not be used in conjunction with any other appraisal and are invalid
if so used.
12. Possession of this report, or a copy thereof, does not carry with it the right of publication.
It may not be used for any purpose by any person other than the party to whom it is
addressed without the written consent of the appraiser, and in any event only with proper
written qualification and only in its entirety.
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2
LIMITING CONDITIONS AND UNDERLYING ASSUMPTIONS (continued)
13. The appraiser herein by reason of this appraisal is not required to give further
consultation, testimony, or be in attendance in court with reference to the property in question
unless arrangements have been previously made.
14. Neither all nor any part of the contents of this report especially any conclusions as to
value, the identity of the appraiser, or the firm with which the appraiser is connected or any
reference to the Appraisal Institute, or the MAI or SRA designations shall be disseminated
to the public through advertising, public relations, news, sales, or other media without prior
written consent and approval of the appraiser.
15. Unless otherwise stated in this report, the existence of hazardous material, which may
or may not be present on the property, was not observed by the appraiser. The appraiser has
no knowledge of the existence of such materials on or in the property. The appraiser,
however, is not qualified to detect such substances. The presence of substances such as
asbestos, urea -formaldehyde foam insulation, or other potentially hazardous materials may
affect the value of the property. The value estimate is predicated on the assumption that
there is no such material on or in the property that would cause a loss in value. No
responsibility is assumed for any such conditions, or for any expertise or engineering
knowledge required to discover them.
16. The Contract for the appraisal of said premises is fulfilled by the signer hereto upon the
delivery of this report duly executed.
17. The appraiser has examined the available flood maps that are provided by the Federal
Emergency Management Agency and has noted in the appraisal report whether the subject
site is located in an identified Special Flood Hazard Area. Because the appraiser is not a
surveyor, he makes no guarantees, express or implied, regarding this determination.
18. The Americans with Disabilities Act (ADA) became effective January 26, 1992. We have
not made a specific compliance survey and analysis of this property to determine whether or
not it is in conformity with the various detailed requirements of the ADA. It is possible that a
compliance survey of the property, together with a detailed analysis of the requirements of
the ADA, could reveal that the property is not in compliance with one or more of the
requirements of the act. If so, this fact could have a negative effect upon the value of the
property. Since we have no direct evidence relating to this issue, we did not consider
possible noncompliance with the requirements of ADA in estimating the value of the property.
19. The appraisal report has extraordinary assumptions, as discussed on the following pages
3 and 4. The use of these extraordinary assumptions may have affected the assignment
results of this appraisal report.
EXTRAORDINARY ASSUMPTIONS
Extraordinary assumptions are assignment -specific assumptions, as of the effective date,
about the subject property being appraised regarding uncertain information used in an
analysis. Should such assumptions be found to be false, the appraisers' conclusions or
opinions could be altered. This information might include physical, legal, or economic
characteristics of the subject property, or conditions external to the property, such as market
conditions or trends; or the integrity of the data used in an analysis.
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EXTRAORDINARY ASSUMPTIONS (continued)
1. Based on evidence from nearby properties and from utilities authorities, the subject
property is being appraised as if utilities are available to the property sufficient in capacity to
support the Highest and Best Use, at costs that are typical to competing properties.
Reportedly, the subject property currently utilizes septic tanks for sewage disposal, but future
redevelopment will require county sewer service be extended from the southeast via a new
4 inch sewer force main (approximately 400 linear feet) from Louisiana Avenue and
Sebastian Boulevard. The cost of this sewer service may also require a Lift Station and has
not been provided, subject to review by the appraisers.
2. It should be noted that the subject property has previously been used by the City of
Sebastian as a Public Works office and vehicle/equipment storage facility. The facility
is currently closed, but was utilized for maintenance and repair of City vehicles, along
with the storage of construction materials. Two aboveground fuel storage tanks and
associated dispensers were also utilized. Previously, the facility had been operated
with two underground storage tanks (5,000 gallon leaded gasoline and 300 gallon
diesel fuel) which were removed in 1991. These UST's had been installed in 1984 and
are the subject of the current cleanup activities related to the previous soil
contamination. Site clean-up had included the documented removal of 770 cubic
yards of soil and a contamination assessment report which was completed in May,
1992. Additional testing included soil borings and monitoring wells being installed.
More recently, in December 2022, a shallow groundwater monitoring well was installed.
Petroleum Restoration Program procedures have recently been approved with a total
cost of around $9,912.53 indicated. It is assumed that all of this information is accurate
as provided and retained in our office files. Further, it is assumed that the subject
property can continue with the current restoration program and be utilized to its
Highest and Best Use.
3. For purposes of this appraisal, we have assumed that the subject overall site contains a
total of 157,912 +- square feet, or 3.63 acres. The adjacent Veterans Memorial Way provides
access to the subject property and extends between Sebastian Boulevard westbound and
Louisiana Avenue. This roadway is indicated to be part of the subject site area, per the
Indian River County Property Appraisers records. However, it is not part of the subject
property appraised, per the client. Nevertheless, it is assumed that access is and will be
available to and from the subject property.
4. Current zoning is PS, Public Service for the main site area and CG, Commercial General
for the small parcel. Reportedly, the subject property has potential for rezoning to either CG,
Commercial General, or IN, Industrial, per the information provided. It is assumed that the
subject property is currently grand -fathered and in compliance with local, state, and federal
laws and requirements to allow continued industrial use, along with potential for future
commercial and/or industrial development.
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4
EXTRAORDINARY ASSUMPTIONS (continued)
5. The subject property has been inspected on August 11, 2023 by Daniel A. Nelson. This
inspection included the subject site, site improvements and the three buildings. Based on our
analysis, these site improvements and buildings are older and smaller in size and not felt to
represent the Highest and Best Use of the subject property, as if vacant, or as improved. The
cost of demolition and removal is unknown, but these improvements have potential for some
interim value. Their potential value is estimated to be roughly offset by the cost of extending
the sewer line, along with the soil contamination.
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APPRAISAL SUMMARY
Property Type:
Addresses:
Date of Inspection:
Inspected by:
Effective Date of Appraisal:
Report Preparation Date:
Date of Appraisal Report:
Property Rights Appraised:
Purpose of the Appraisal:
Intended Use of the Appraisal:
Intended Users of the Appraisal:
Appraisal complies with the 2022-2023
Uniform Standards of Professional
Appraisal Practice (USPAP):
Zoning:
CLUP:
Highest and Best Use:
Site as if Vacant:
Property as Improved:
Land:
Site Area:
Frontage:
Frontage:
Frontage:
Depth:
Closed Public Works Facility
100 Veterans Memorial Way &
190 Sebastian Boulevard
Sebastian, Florida 32958
August 11, 2023
Daniel A. Nelson & Peter D. Armfield, MAI
August 11, 2023
August 11 - August 21, 2023
August 21, 2023
Fee Simple Estate
Provide our opinion of the Market Value of the
subject real property, "As Is."
Valuation for asset decision making purposes
by the client (City of Sebastian) for possible
purchase negotiations.
City of Sebastian, c/o Lisa Leger Frazier, AICP,
Community Development Director of the City of
Sebastian, and/or authorized representatives.
Yes, Appraisal Report.
PS, Public Service & CG, Commercial General
Mixed Use
Future development with commercial and/or
industrial use, as demand warrants.
Potential for interim industrial use with future
commercial/industrial development, as demand
warrants. (See Report).
157,912 + SF - (3.63 Acres)
555.77 feet (Sebastian Blvd. Westbound)
162.55 feet (Veterans Memorial Way)
100.71 feet (Sebastian Blvd. Eastbound)
Irregular
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APPRAISAL SUMMARY (continued)
Building Improvements:
Building #1 - Office/Warehouse
Building #2 - Service Garage
Building #3 - Metal Warehouse
Total - Gross Building Area
Opinion of Market Value:
(Fee Simple Estate - "As Is")
1,764 SF - Built 1979
3,558 SF - Built 1992
4,000 SF - Built 1999
9,322 SF
$1,000,000
11
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INTRODUCTORY COMMENTS
PURPOSE OF THE APPRAISAL AND RIGHTS APPRAISED
The purpose of this appraisal is to provide our opinion of the Market Value of the fee simple
estate of the subject property, "As Is," as of date of our property inspection on August 11,
2023. The appraisal is provided in an Appraisal Report format, per your request.
MARKET VALUE DEFINED
Market value is the major focus of most real property appraisal assignments. Both economic
and legal definitions of market value have been developed and refined. A current economic
definition agreed upon by federal financial institutions in the United States of America is:
The most probable price which a property should bring in a competitive and open market
under all conditions requisite to a fair sale, the buyer and seller each acting prudently and
knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this
definition is the consummation of a sale as of a specified date and the passing of title from
seller to buyer under conditions whereby:
1. Buyer and seller are typically motivated.
2. Both parties are well informed or well advised, and acting in what they consider their
own best interest.
3. A reasonable time is allowed for exposure in the open market.
4. Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements
comparable thereto; and
5. The price represents a normal consideration for the property sold unaffected by
special or creative financing or sales concessions granted by anyone associated with
the sale.
SOURCE: Uniform Standards of Professional Practice of the Appraisal Foundation; and
Office of Thrift Supervision Regulation 12 CFR 564.2(f); and the Office of Comptroller of the
Currency.
DEFINITION OF FEE SIMPLE ESTATE
Absolute ownership unencumbered by any other interest or estate, subject only to the
limitations imposed by the governmental powers of taxation, eminent domain, police power,
and escheat.
SOURCE - Taken from The Dictionary of Real Estate Appraisal Fifth Edition, sponsored by
the Appraisal Institute, 2010 page 78.
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REAL PROPERTY DEFINED
All interests, benefits, and rights inherent in the ownership of physical real estate.
Source - Taken from The Dictionary of Real Estate Appraisal Fifth Edition, sponsored by the
Appraisal Institute, 2010 page 161.
PERSONAL PROPERTY DEFINED
Identifiable tangible objects that are considered by the general public to be "personal," for
example, furnishings, artwork, antiques, gems and jewelry, collectibles, machinery and
equipment; all tangible property that is not classified as real estate. (USPAP, 2002 edition) -
Consists of every kind of property that is not real property; movable without damage to itself
or the real estate; subdivided into tangible and intangible. (IAAO)
Source - Taken from The Dictionary of Real Estate Appraisal Fifth Edition, sponsored by the
Appraisal Institute, 2010 page 145-146.
Intended Use of the Appraisal: Valuation for asset decision making purposes by
the client (City of Sebastian) for possible purchase
negotiations.
Intended Users of the Appraisal: City of Sebastian, c/o Lisa Leger Frazier, AICP,
Community Development Director of the City of
Sebastian, and/or authorized representatives.
SCOPE OF WORK
The Scope of Work is defined as the type and extent of research and analyses in an
assignment.
Source - Taken from 2020-2021 Uniform Standards of Appraisal Practice (USPAP), prepared
by the Appraisal Standards Board (ASB) for The Appraisal Foundation, Effective January 1,
2020, Page 5.
The three main points of the Scope of Work are as follows:
1) Identify the problem to be solved.
2) Determine and perform the scope of work necessary to develop credible
assignment results.
3) Disclose the scope of work in the report.
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0
The appraiser must properly identify the problem to be solved to determine the appropriate
scope of work. An appraisal report is provided, as requested by the client.
This Appraisal Report complies with the reporting requirements set forth under Standards
Rule 2-2(a) of the 2022-2023 Uniform Standards of Professional Appraisal Practice (USPAP).
The Appraisal Report is also designed and prepared to be fully compliant with FIRREA and
its intended use by the client. The Appraisal Report format provided and contained in this
report is specific to the needs of the client and the intended use of the appraisal.
The scope of work included making an inspection of the subject property appraised by both
Daniel A. Nelson and Peter D. Armfield on August 11, 2023. We inspected the subject site,
site improvements and three buildings. The subject buildings have been measured, cross
checked with information provided, along with the Indian River County Property Appraisers
records. Property photographs have been taken and are provided in the appraisal report.
The subject property consists of a partially improved site located along Sebastian Boulevard
with main access via Veterans Memorial Way. The main site area contains the former City
of Sebastian Maintenance Compound which is presently vacant. The improvements include
three warehouse/office type buildings along with paved parking and drive areas, drainage
improvements, walkways, perimeter fencing, utility services, etc. This parcel contains
approximately 555 +- feet of frontage along the south side of Sebastian Boulevard westbound
and 162.55 +- feet along the west side of Veterans Memorial Way. Additionally, a separate
tax parcel at 190 Sebastian Boulevard contains around 100 +- feet of frontage along the north
side of Sebastian Boulevard eastbound. Total site size of the subject property is indicated
at 157,912 +- square feet, or 3.63 +- acres.
We have discussed the subject former use and potential uses with the client. The appraisers
have relied on the information provided which is assumed to be accurate as utilized in the
appraisal report. Reportedly, the subject property currently utilizes septic tanks for sewage
disposal, but future redevelopment will require county sewer service be extended from the
southeast via a new 4 inch sewer force main from Louisiana Avenue and Sebastian
Boulevard. The cost of this sewer service has not been provided and is subject to review by
the appraisers.
It should be noted that the subject property had previously been used by the City of
Sebastian as a Public Works office and vehicle/equipment storage facility. The facility
is currently closed and the buildings are vacant. Previously, the facility had been
operated with two underground storage tanks (5,000 gallon leaded gasoline and 300
gallon diesel fuel) which were removed in 1991. These DST's had been installed in
1984 and are the subject of the current cleanup activities related to the previous soil
contamination. Just recently, in December 2022, a shallow groundwater monitoring
well was installed. Petroleum Restoration Program procedures have recently been
approved with a total cost of around $9,912.53 indicated. It is assumed that all of this
information is accurate as provided and retained in our office files. Further, it is
assumed that the subject property can continue with the current restoration program
and be utilized to its Highest and Best Use.
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10
This Appraisal Report provides information in describing the subject property, along with the
subject neighborhood. It also includes the subject property tax information, zoning, utilities,
site description, and Highest and Best Use, etc. The scope of work in this appraisal report
also included observing neighborhood supply and demand factors, use patterns, along with
maintenance levels. We also considered the supply and demand for similar types of
properties throughout the community, along with the Highest and Best Use of the subject
property, as if vacant, and partially improved.
The subject buildings are older and smaller in size and not felt to represent the Highest and
Best Use of the subject property, as if vacant, or as improved. The cost of demolition and
removal is unknown, but these improvements have potential for some interim value. Their
potential value is estimated to be roughly offset by the cost of extending the sewer line, along
with the soil contamination. Thus, based on our analysis, the subject current site and
building improvements are not estimated to contribute additional value to the subject site, as
if vacant, and available for development to its Highest and Best Use.
The valuation analysis of the subject appraisal involves gathering market data to support
three different market analyses, when available. The data targeted is from properties with
Highest and Best Use similar, or relatively similar to the subject. The three market analyses
are commonly referred to as approaches to value and are identified as the Cost Approach,
Sales Comparison Approach, and the Income Approach. All three approaches are
considered in providing our opinion of the Market Value of the fee simple estate of the subject
property, as of August 11, 2023. However, only the Sales Comparison Approach is
specifically included, as it is considered to be the most applicable. Neither the Cost Approach
or the Income Approach are felt necessary in the scope of work of this appraisal report to
provide a credible result.
The Sales Comparison Approach analyzes comparable sales and a current listing of
commercial and industrial land parcels. A search was made throughout the subject
neighborhood, and the City of Sebastian, along with the overall Indian River County area for
comparable land sales. These comparable sales are then investigated and analyzed to utilize
in the valuation analysis of the subject property. These comparable sales are discussed and
provided in the appraisal report. They are analyzed based on the price per square foot of site
area, along with the price per acre.
The data gathered is limited in area to the real estate market throughout Indian River County.
Primary focus is on data available from within the area described as the subject's
neighborhood, or from other neighborhoods felt to be competing or servicing similar market
segments within the county. Data sources for sales include public recording of real estate
sales transferred by warranty deed via data sources used in the appraisers office. Our office
data sources include the Clerk of the Court, Property Appraiser, and Multiple Listing Service
(MLS). Data is gathered, verified if possible, and then analyzed to interpret trends of the
market participants.
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LEGAL DESCRIPTION
The following Legal Description has been obtained from the client per a survey prepared by
Meridian Land Surveyors, dated August 3, 2023 and identified by Project #23-046. It also
includes a Sketch of Legal Description.
EXHIBIT 1
FR NE COR OF NWI/4, RUN W ALONG N BDRY 300.4 FT TO POB; S 146.55 FT TO CL OF ST
RD 512; SKY 90 FT; NWLY TO PT WHICH IS 113 FT W OF POB; RUN E ALONG N LINE SEC 7
TO POB AS R BK 88 PP 60 LESS RD R/W (OR BK 428 PP 330)
EXHIBIT 2
7.5 A IN SW 1/4, D BK 3, PP 279 LESS E 2885 FT OF S 433 FT THEREOF & LESS N 267.25
AS MEASURED ALONG RR R/W AS PER OR BK 708 PP 819
ALSO LESS AND EXCEPTING THE FOLLOWING:
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF SECTION 6, TOWNSHIP
31 SOUTH, RANGE 39 EAST, RUN N00'12'40"E, ALONG THE EAST LINE OF THE SOUTHWEST 1/4
OF SAID SECTION 6, THE SAME BEING THE CENTERLINE OF LOUISIANA AVENUE, FOR A
DISTANCE OF 432.49 FEET TO A POINT; THENCE DEPARTING SAID EAST LINE, RUN S89'25'41"W
FOR A DISTANCE OF 40.00 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF LOUISIANA
AVENUE AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND;
FROM SAID POINT OF BEGINNING, CONTINUE S89'25'41"W FOR DISTANCE OF 422.95 FEET TO A
POINT ON THE SOUTHEAST RIGHT OF WAY LINE OF COUNTY ROAD 512; THENCE RUN
N38'14'59"E, ALONG SAID SOUTHEAST RIGHT OF WAY LINE, FOR A DISTANCE OF 77.54 FEET TO
A POINT, THENCE DEPART SAID SOUTHEAST RIGHT OF WAY LINE AND RUN N89'59"IrE FOR A
DISTANCE OF 375.13 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF LOUISIANA
AVENUE; THENCE RUN S0012'40"W FOR A DISTANCE OF 56.75 FEET TO THE POINT OF
BEGINNING.
6,,A (DFSCR,IPTIf?N 13
1 SURVEYOR)
A PARCEL OF LAND LYING IN SECTION 6 AND SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39
EAST, CITY OF SEBASTIAN, COUNTY OF INDIAN RIVER, FLORIDA, AND BEING MORE
PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS;
COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 6, RUN
S89'25'41"W, ALONG THE SOUTH LINE OF SAID SECTION 6, FOR A DISTANCE OF 300.40 FEET
TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND;
FROM THE POINT OF BEGINNING, DEPART THE SOUTH LINE OF SAID SECTION 6 AND RUN
S0012'40"W FOR A DISTANCE OF 102.66 FEET TO A POINT ON THE NORTHWEST RIGHT OF WAY
138 of 562
SKETCH OF LEGAL DESCRIPTION
EXHIBIT "A"
PROJ.# 23-045
• SKETCH OF DESCRIPTION — NOT A FIELD BOUNDARY SURVEY
THIS SURVEY PERFORMED BY:
HOUSTON, SCHULKE. BITTLE do STODDARD, INC. LB.#6905
d.b.a. MERIDIAN LAND SURVEYORS
1717 INDIAN RIVER BOULEVARD. SUITE 201
VERO BEACH. FLORIDA 32960
PROFESSIONAL SURVEYOR & MAPPER IN RESPONSIBLE CHARGE:
BILLY M. MOODY P.S.M.# 5336
RIGHT OF WAY LINE OF STATE ROAD 512 (EASTBOUND); THENCE RUN S49'02'28"W, ALONG
SAID RIGHT OF WAY LINE, FOR A DISTANCE OF 100.71 FEET TO A POINT; THENCE DEPART
SAID RIGHT OF WAY LINE AND RUN N12'18'35"W FOR A DISTANCE OF 171.49 FEET TO A POINT
ON THE SOUTH LINE OF SAID SECTION 6; THENCE RUN S8925'41"W FOR A DISTANCE OF
392.04 FEET TO A POINT ON 111E SOUTHEAST RIGHT OF WAY LINE OF STATE ROAD 512
(WESTBOUND); THENCE RUN N3814'59"E, ALONG SAID SOUTHEAST RIGHT OF WAY LINE FOR A
DISTANCE OF 555.77 FEET TO A POINT; THENCE DEPART SAID SOUTHEAST RIGHT OF WAY LINE
AND RUN N89'25'41"E FOR A DISTANCE OF 162.55 FEET TO A POINT; THENCE RUN
SOO'12'40"W FOR A DISTANCE OF 433.04 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS APPROXIMATELY 3.63 ACRES (157912.2 SQ./FT.) MORE OR LESS.
MERIDIAN
p
�ffi 201 61
171�O
B . Fl- 3
PHOME:7-7%-1213 FAX:772-794-1096
igv-72:INFO(ajN)t.3-LB6905.COM
\
THIS S10=TC1i•. 4 vT� VAl3D WRHOUT THE
SIG RV ,7RE0 LRAI SJIL OF THEFLORIDA
UOEHSE0,4U PAR BELOW.
'STATE OF a
I P.S.M. 05336
-*iLLI t UP .s
12
139 of 562
14
OWNER OF PROPERTY AND SALES HISTORY
Current Owner of Property: City of Sebastian
(Per Tax Rolls)
Based on the public records reviewed by the appraisers, there have been no sales of the
subject property that have occurred within the past three years. Per the public records
reviewed, it appears that the subject main parcel at 100 Veterans Memorial Way has been
under the ownership of the City of Sebastian for many years. It had previously been utilized
with the City of Sebastian Public Works facility, which is presently vacant.
The smaller parcel at 190 Sebastian Boulevard was purchased in March, 2017 for $70,000,
recorded in OR Book 3007, Page 2281. This parcel had contained an older single family
residence that has since been demolished and removed.
No current listing or asking price are indicated on the subject property.
A location map of the subject property is shown on the next page, followed by property
photographs.
141 of 562
910
INDIAN RIVER COUNTY AREA DATA
Indian River County is a small east central Florida county located midway between Palm Beach
and Cape Kennedy, or slightly less than halfway from Miami to Jacksonville. It is bordered on
the north by the Sebastian River and Brevard County; on the south by St. Lucie County
(Ft. Pierce/Port St. Lucie); and on the west by Osceola and Okeechobee Counties. The
eastern boundary is the Atlantic Ocean.
Containing 543 square miles, the county is the tenth smallest of Florida's 67 counties. It was
formed in 1926 from a portion of St. Lucie County. Vero Beach, the county seat, is located on
the Indian River in the southeast section of the county. Distances from Vero Beach to other
Florida cities are as follows:
North
South
Melbourne
35 Miles
Ft. Pierce
15 Miles
Daytona
126 Miles
Stuart
32 Miles
Orlando
105 Miles
West Palm Beach
70 Miles
Jacksonville
215 Miles
Miami
138 Miles
Population
Population of the county had stabilized during the period from 2007 thru 2012, although now
increasing again since 2013 into 2021 at around 2.25% per year. It had previously increased
during the (2000-2006) at a growth rate of around 3.0% per year. This compares to an annual
rate of 2.5% from 1990 to 2000 and 4.2%, in the previous decade (1980-1990). This was
preceded by a 5.2% compound growth rate in the previous decade (1970-1980). This
represents a continuation of the increasing growth trend experienced over the past 50 years,
but the percentage growth decreases with the increased population. The population of the
county is increasing again over the last approximate 7 years with the improving economy.
Population Growth
Population (compounded yearly growth)
Indian River
Vero
Year
County
Beach
Sebastian
State of Florida
1950
11,872
3,746
2,771,305
1960
25,309
(7.9%)
8,849
4,951,560
(6%)
1970
35,992
(3.6%)
11,908
6,791,418
(3.2%)
1980
59,896
(5.2%)
16,176
2,831
9,746,961
(3.7%)
1990
90,280
(4.2%)
17,350
10,205 (13.6%)
12,937,920
(2.9%)
1995
100,261
(2.1%)
17,681
13,488 (5.7%)
14,149,317
(1.8%)
2000
112,947
(2.4%)
17,705
16,181 (3.7%)
15,982,378
(2.5%)
2005
130,043
(2.9%)
17,895
20,048 (4.4%)
17,789,684
(2.5%)
2006
135,262
(4.0%)
18,160
21,666
18,089,888
2007
139,757
(3.3%)
18,060
22,426
18,251,243
153 of 562
27
Indian River
Vero
Year
County
Beach
Sebastian
State of Florida
2008
141,667 (1.4%)
17,889
22,924
18,328,340
2009
141,475 (-2.4%)
17,855
22,722
18,537,969
2010
138,028 (0.6%)
15,220
21,929
18,801,310
2011
138,894 (1.3%)
N/A
N/A
19,057,542
2012
140,657 (1.0%)
15,549
22,382
19,320,749
2013
141,994 (1.9%)
15,749
22,699
19,552,860
2014
144,755 (2.2%)
16,017
23,344
19,893,297
2015
147,919 (2.5%)
16,343
23,985
20,271,272
2016
151,563 (1.9%)
16,751
24,772
20,612,439
2017
154,383 (2.0%)
N/A
N/A
20,980,000
2018
157,413 (2.0%)
N/A
N/A
21,646,155
2019
160,512
N/A
N/A
21,477,737
2020
159,788
16,354
25,054
21,538,187
Source:
*U.S. Census, Florida Statistical Abstract, & Indian River Co. Development Plan
Indian River County contains five municipalities of which Vero Beach, the county seat, is the
second largest, as the City of Sebastian has surpassed Vero Beach in total population. The
slower population growth rate in Vero Beach over the years reflects the built-up nature of the
incorporated areas, with the majority of the community growth in the unincorporated county
surrounding Vero Beach. Indian River County growth has been steady since the previous
recession. The growth has been from the northward moving megalopolis of Miami, Ft.
Lauderdale, and West Palm Beach on Florida's southeast coast. Also, growth continues from
more traditional sources, such as in -migration from the northeastern states. This influence is
expected to maintain over the next decade. 2010 Census population was 138,028, projected
to increase to 171,300 in 2025 and 181,700 in 2030. The 2020 Census indicates slightly lower
population than yearly estimates. The 2021 estimated population is 161,964 and estimated to
have increased by 2,176 per year to 164,140 in 2022 and 166,316 in 2023.
As with most areas in Florida, the vast majority of population increases are due to in -migration,
with only a small fraction due to natural increase (births over deaths). Over the last 10 years,
Indian River County had a natural decrease. The influx of retirees as permanent and/or winter
residents accounts for those moving into the area. This influence is visible in the following
Table which shows a breakdown of the population by age groups and the shifts in proportions
towards retired age groups.
Indian River County - Population by Aqe Distribution
Age
1960
1970
1980
1990
2000
2010
2020
0-14
30.4%
27.3%
21.9%
16.3%
15.7%
15.2%
14.3%
15-44
33.5%
33.4%
34.5%
34.8%
31.8%
29.5%
28.4%
45-64
22.1 %
21.9%
23.2%
21.6%
23.3%
28.1 %
26.5%
65+
13.9%
17.4%
20.4%
27.3%
29.2%
27.2%
30.8%
Source: *U.S. Census, Florida Statistical Abstract, Bureau of Economic and Business
Research, University of Florida, and Indian River County Development Plan.
154 of 562
Demographics
_ Table 2_Indian River Count} PopultyRO Projections 2020-2045
jJ20 2025 2030 2035 1 2040 2045
Total County (BE BR) 159,788 171,300 181, �0(j _ I s�n _ 196,900 203,100
rSSOnIFF Il0.tyei ily of Florid t, Bureau of Economics and Business Research (Medium Proieetions, bused on WSW POPP
Projected IRC Population
250,000
200,000
C
O 150,000
a
d 100,000
50,000
0
2020 2025 2030 2035
Year
Sourec: 9urcau aEEconomic and EufftMss Resea,eh, ilori Sntissipl Abgraq, University of Florida. US Cmmc Bureau.
Community Development Department
2040 2045
Indian River County 6
N
00
El
o;
Demographics
Indian River County Population by Age Group
Share of
Share of
Share of
of
65 and
of
Y r
0-14
Population
15-24
fggpla4jon -,445I
Population
45 4IShare
Population
IShare
PopVj�tf
1990
14,684
16.28%
8.996
9.97%243
24.87%
. 19,501
21.62%
4,
°
2LZO°/
_�OGO
17,677
15.6�
a
10,784
9��%
254
'152000
7%
2f1060
0,)%
k,97229.19 a-
10,005
15.21R)
14t049
10,18°/q
fb
92%
38,8I0
28.12°/p
�y�Z14 Z7,17%
2020*
22,626
14.35%1{d.773
9.37%
9,9351
18.99%
41,751
26.49%
48,536 36.79
Source•. Bureau of Fconnmic and Business Research. Florida $lalialical Absum Universily of Florida. US Census Bureau.
-Viainmre based m 2010 Census projections
j 1n�j; Rivta (- u PopµjXjphySex and Rupc 2020 Estimates* 60.000
J Year ac. .k oasaM
a 50,000
1990 46 63U S�57 40,000
2 �I?r#4 ��/ 76.013 30,000
72010 71
9� 20.000
013 10.000
Source: U.S. Census & 9EBIt - .I 0
*Estimate Based on 2010 Census projections
IRC Population Change 1930 - 2020
180,000
160,000
140,000
p 120.000
ego 100.000
M 80,000
60,000
40.000
20,000
0
Population Cohort Change 2000-
2020
-&-0a14
-*- 15-24
-0-25-44
{+aS84
e5and
over
2000 2010 2020•
1930 1940 1950 1960 1970 1980 1990 2000 2010 2015 2020
Year
Community Development Department
Indian River County 8
N
10
30
While the percentage represented by the two age groups 0-14 and 15-44 has remained
relatively stable, the age group of 45-64 has grown, and the age group 65+ has been stable.
This trend is evident in many areas of Florida, where retirees and pre -retirees locate. Along
with the substantial population growth in the county over the years, has been an expansion in
the number of households, as the size of households declines. This trend was expected to
continue during the next decade, as indicated in the following table, but reportedly slowing over
the last few years.
Household Growth and Household Size
Indian River County
Year
Number of Households
Household Size
1960
8,247
3.07
1970
12,325
2.90
1980
23,331
2.49
1990
38,057
2.33
1995
42,371
2.33
2000
49,137
2.25
2010
57,560
2.33
2020
70,825
2.28
Source: Florida Statistical Abstract, Bureau of Economic & Business Research, University
of Florida.
Economy, Employment, and Income
The economy of the area was traditionally based on agriculture, with the production of citrus
fruits being the most important contributor. During the 1940's and 1950's, the dependence of
the area on agriculture gradually lessened as the tourist industry grew. Over the years, the
growing number of retired residents and winter residents has caused a trend in the economy
from agriculture to services. Until recently, agriculture was one fourth of the service segment
of the local economy. The citrus industry has been the primary agricultural use, with groves,
packing houses and gift fruit shippers. The citrus industry has experienced financial difficulty
since the early 1990's, with many groves in the eastern 1/3 of the County converted to
residential use over the last 10 years. Further, hurricanes, canker, and citrus greening disease
over the last 10 to 15 years has substantially reduced the number of citrus groves and packing
house facilities. The citrus industry has been struggling to survive due to these factors.
In the 1960's, the economy was diversified by the addition of industrial payrolls. Piper Aircraft
currently employs approximately 1,000, which is a decrease from a peak of 3,200 in 1979, but
an improvement over recent years. Besides Piper, there has been little interest in the area from
large industrial employers. Deterrents to industrial development are the small labor supply, the
limited supply of affordable housing, and local governmental desirability for limited clean
industrial users.
157 of 562
Commerce and Indust->ry
Largest Employers In Indian River County
Number of Bmplo�ed
Conmanv Name
NAICS Malor Group
Total
Full-flme 4art-time
Seasonal
Cleveland Clinic Indian River Hospital
Health Care and Social Assistance (NAICS 62)
2,112
1.543
97 387
(per diem)
School District of Indian River County
Educational Services (NAICS 61)
2,039
2,039
0
0
Indian River County (includes
public Administration (NAICS 92)
1.455
1.415
89
17
constitutional officers)
Publix Supermarkets
Food and Beverage Stores (NAICS 445)
1,380
(breakdown not available)
Piper Aircraft, Inc.
Transportation Equipment Manufacturing (NAICS 336)
980
980
0
0
Wal-Mart
General Merchandise Stores (NAICS 452)
806
518
288
0
Sebastian River Medical Center•"
Health Care and Social Assistance (NAICS 62)
750
457
138
0
Visiting Nurse Association
Health Care and Social Assistance (NAICS 62)
500
273
211
0
John's Island
Accommodation (NAICS 721)
495
271
29
289
Indian River Estates
Health Care and Social Assistance (NAICS 62)
486
251
I 235 I
0
City of Vero Beach
Public Administration (NAICS 92)
374
(breakdown not available)
CVS Warchouse/Distribution
Transportation and Warehousing (NAICS 4748)
336
336
I 0 I
0
Disney's Vero Beach Resort
Accommodation (NAICS 721)
279
(breakdown not available)
St. Edwards School
Educational Services (NAICS 61)
223
125
15
l50
City of Sebastian
Public Administration (NAICS 92)
188
131
31
20
Flight Safety International
Educational Services (NAICS 611)
170
170
0
0
B&W Quality Growers Agriculture/Arugula 142 (breakdown not available)
Grand Harbor Management'" Construction (NAICS 23) & Real Estate (NAICS 531) 125 73 18 3'-
Captain Hirams Restaurant & Resort" Resort/Restaurant 174 100 74 0
Source: IRC Chamber of Commerce (November 2020)
"Denotes November 2019 figures
***Due to the pandemic, resulting in major fluctuations in employment numbers with many of these businesses, the Indian River County Chamber of Commerce
opted not to do this report this year.
Community Development Department
Indian River County 9
Commerce and Industry
12,000
Indian River County Average Annual Employment by Major NAICS Group: 2017-2021
10.000
8.000
6,000
L
O
IL 4.000 =
2.0
o A 91. h.- -
ob 1 fi` `. 641" Acp
� Cn �� CC'` •\'C� \l.
20
20
<�'o� `cC � �°�\` 3�°fir fie° • o°� �� °ram,`° �cF'�� , c°�` ��� � �c` °�� `� •�`. j�S �`4• ��`
c. ■2021
r
Source: Indian River County Planning Division; Department of Economic Opportunity, Labor Market Statistics, Quarterly Census of Employment
and Wages Program (ES-202). In cooperation with the U.S. Department of Labor, Bureau of Labor Statistics
Community Development Department
Indian River County 11
33
Major employers in the county include the School District of Indian River County, Cleveland
Clinic Indian River Hospital, Indian River County Government, Publix Supermarkets, Piper
Aircraft, Walmart & Sam's, Sebastian River Medical Center, John's Island, and the City of Vero
Beach Government. They also include the Visiting Nurses Association, Indian River Estates,
Disney's Vero Beach Resort, CVS Warehouse/Distribution, B & W Quality Growers, City of
Sebastian, and Flight Safety International. Employment in these and other business typically
is between 200 and 2,000. The Los Angeles Dodgers have relocated their spring training
facility to Arizona and this property is now being used as Vero Beach Sports Village which has
provided some additional visitor traffic.
At this time most industry is light, stemming to a large degree from tradesmen working in the
construction industry. The nearby competing communities of Melbourne and Ft. Pierce have
more to offer industrial developers. The largest business increase in the county has been in
the services industry, followed by wholesale and retail trade. These account for the largest
types of industry, followed by government. Tourism has also been increasing over the last few
years, although stymied by the pandemic last year, but now improving.
Elite Airways had been providing nonstop jet service between the Vero Beach Municipal Airport
and Newark, New Jersey for the last couple years. They also provided service to Islip, New
York and Naples, Florida, as well as Asheville, North Carolina. However, service has been
stopped, but now Breeze Airways is operating at the airport. They currently provide service to
Wilmington, NC and Westchester, NY and are planning to expand further.
Brightline is currently installing railroad improvements to provide passenger service from Miami
and West Palm Beach to Orlando. No stops are currently planned between West Palm and
Cocoa, but both Fort Pierce and Stuart are being considered for one railroad station in the
future.
Since 2000, the unemployment rate had fluctuated from around 4% to around 15%, with the
highest unemployment in the summer months. The labor force in Indian River County had been
keeping pace with population growth, though declining over the last couple years, as shown in
the following Table. The unemployment rate had declined over the previous 7 years after
several years of higher than typical unemployment. Higher summer unemployment for the
county is tied to the seasonality of the large tourist (winter resident) and agricultural segments
of the economy. For example, the unemployment rate in August, 2019 was 4.4% compared
to 3.1 % in December, 2019. There continues to be good demand for skilled labor with the
unemployment level, typically representing the non -skilled sector. However, the unemployment
rate in Indian River County had jumped significantly during the beginning of the pandemic,
increasing from 5.1 % in March 2020 to 14.1 % in April. This trend follows similar increases in
surrounding counties and the State of Florida. However, current unemployment is below 5.0%
as unemployment has declined significantly over the last couple years. The labor force and
average unemployment rate are provided on the following page.
160 of 562
34
Labor Force and Unemployment - Indian River County
Year Total Labor Force Unemployment Rate
1980
23,205
10.6%
1990
41,309
9.5%
1995
41,172
9.8%
2000
45,001
6.4%
2003
49,693
8.0%
2004
55,398
7.6%
2005
57,294
4.6%
2006
59,597
4.2%
2007
60,439
5.8%
2008
62,237
8.1 %
2009
62,528
13.0%
2010
62,329
14.4%
2011
61,700
12.9%
2012
63,435
10.6%
2013
64,114
8.6%
2014
62,794
7.5%
2015
56,570
6.8%
2016
61,623
6.1 %
2017
63,715
5.1 %
2018
63,999
4.3%
2019
66,680
3.8%
April 2020
Coronavirus
14.0%
Dec 2020
5.2%
2020
63,960
7.2%
2021
65,119
4.7%
Source: Florida Department of Labor and Unemployment Security, Bureau of Research and
Analysis, Indian River County Development Plan.
The county has higher per capita personal income than surrounding counties. Many financially
independent retirees reside in Indian River County and per capita personal income is higher
than either statewide or national averages. Higher income is generally attributed to the high
proportion of affluent retirees. This is supported by the high per capita bank deposits in the
county which generally run above many counties with higher income figures. This is also
underscored by the lower incomes of wage earners in the county.
Effective Buying Income (EBI) is personal income less personal taxes and non -tax payments
as applied to wage earners within the county. These figures had historically been below state
averages by about 10%+, but have improved to 10% above the state average. This information
supports the generally accepted scenario of a double skewed income distribution represented
by affluent retirees on the upper end and average to below average wage earners on the other
end, the result of large service and agricultural segments.
161 of 562
Commerce and Industry_
Indian River County Unemployment Information
2018 & 2019 Annual Average
i
2019 Monthly
2018
2019
I Jan I
Feb
Mar
Apr
May
! June
July
Aug
Sep
Oct
Nov
Dec
Labor Force
I 63.999
66,680
66,466 164,489
66,479
165,463
66283
j 66,35Z
66,491
I t5b,45b 166.643
673[2
671818
67.971
Unemployment Rate
4.3%
3.8% 4.4% i
3.99/e
3.7%
3.4%
3.6%
14.2"i
4.2%
4A%
3.7%
3A%
3.7%
3.1%
2020 Annual Average
2020
onthly
Labor Force
63.960 66.239
M.698
I 66,369
60,549
61.054
61.612
63,213
63,672
63,494
64,320
64.924
165,492
Unemployment Rate
7.2% 3.7%
3.6%
5.1%
14%
12.5%
9.2%
10.4%
6.8%a
5.9%
5.5%
5.5%
5.2%
I 2021 Annual Average
2021
onthly
[ Labor Force
65,119 64,571
64,790
64,910
64,269
64,446
64,763
65,403
65,468
65,455 165,968
65,563
65,815
Unemployment Rate
1 4.7% 6.0%
5.4%
15.2%
5.0%
4.8%
5.5%
1 5.2%
5.01.
4.3% 3.9%
3.5%
3.1%
[ Source: State o£Florida, Local Area Unemployment Statistics
Nnte: Unemployment data are obtained from the Deportment of Economic Opportunity (formerly
Florida Agency for Workforce Innovation). Monthly unemployment data
are published by the state approx. l to 2
months alter the particular month.
See the following website
for current unemployment
data:
Mtn://www.floridaiobs.orelworkforce-statistics/data-center/statistical-oroerams/local-area-unemolovmeni-statistics
16.0096
14.00%
12.00%
10,00%
8.00%
6.00%
4.00%
2.00%
0.00%
Historical Unemployment Pattern
b.
101 �� �ti ti ti ti ti ti 41
'Indian River County -State of Florida
Community Development Department
Indian River County 12
a,
N �
o t�
a,
N
36
With given levels of income, affordability of housing and other real estate is sensitive to
changes in interest rates. Historically, there has been an affordability dilemma for housing in
Indian River County. Higher real estate values supported by retirees have placed homes out
of reach for a significant segment of the labor market. Some construction of low income
housing projects have helped with this condition, but an inequity of non public support housing
remains. Because of the counties reliance on tourism and service sector, the economy
remains sensitive to national trends and in particular regional economies of the northeastern
and Midwestern United States. Currently, the local economy is good, stabilizing and improving
over the last approximate 5 years, even with the pandemic that officially started in March, 2020.
The Indian River County area growth has fluctuated overthe years, depending on the local and
national economic factors. The Indian River Mall was completed in late 1996. This regional
mall contained 4 anchor stores and two adjacent shopping centers. These developments
extend along State Road 60 between 58th Avenue and 66th Avenue, just west of Vero Beach.
The Mall has struggled with occupancy over recent years and had previously been purchased
out of foreclosure. Its continued viability is uncertain, as both Sears and Macy's have closed,
leaving only JC Penney and Dillard's.
Other significant commercial projects include Walmart stores, at S.R. 60 and 58th Avenue in
Vero Beach and Walmart along U.S. #1, in Roseland serving the Sebastian trade area. The
Vero Beach Outlets mall was completed in 1995, at the southwest quadrant of 1-95 and S.R.
60, with primary market attention towards interstate traffic. A large amount of additional strip
commercial development has subsequently occurred along S.R. 60, including Home Depot, and
Lowe's. Anew mixed use commercial development with retail space and a 110 room hotel has
recently been completed. CVS built a large distribution center adjacent to 1-95 and S.R. 60.
Disney World opened an oceanfront vacation resort development at Wabasso Beach in
northeast Indian River County. The Disney Inn, 60 villas, and two restaurants, as well as
amenities, were completed in October 1995.
The highest amount of commercial/industrial development was registered in 1996, with
1,551,388 square feet added in the county. During 1997 to 2003, commercial/industrial
development ranged from around 460,000 to 710,000 square feet, increasing to 1,250,000
square feet in 2004 with the construction of the CVS warehouse. The five years between 2005
and 2009 ranged from around 390,000 to 890,000 square feet per year. However, 2010 and
2011 had much lower construction at only 65,000 to 105,000 square feet per year. The 2012
year improved somewhat to around 290,000 square feet, but slowed again in 2013 with only
90,800 square feet. A total of 170,900 square feet was indicated for 2014, 345,000 for 2015,
320,000 square feet for 2016, 246,000 for 2017, increasing to 562,000 in 2018, but declining
to 252,000 in 2019 and 237,000 in 2020. The most recent 2021 and 2022 years have about
336,000 and 440,000 square feet in new permits. Charts are provided on the following pages.
163 of 562
July 2023 Department Activity
Building Permit Information for New Construction: Permits Issued
Jurisdiction
Building Type
Penn
is Per Calendar Year
2012
2013
2014
2015 '
2016
2017
2018
2019
2020
2021
2022
Unincorporated
Single -Family Units
262
321
475
576
695
806
985
905
1,005
1.102
698
County
Multi -Family Units
8
12
5
120
118
79
104
200
26
48
472
Mobile Home Setups
7 replaced
10 replaced
10 replaced
24
44 replaced
21 replaced
51 replaced
56 replaced
3 replaced
16 replaced
55 replaced
3 new
4 new
5 new
replaced
8 new
1 new
25 new
16 new
4 new
34 new
13 new
8 new
CommerciaUindustrial Sq. Ft
235,655
32,578
89,965
206,969
184,247
108,404
453,193
158,985
158,851
235,812
307,528
Vero Beach
Single -Family Units
15
21
18
22
21
20
21
19
17
88
40
Multi-Fwmly Units
0
0
4
0
17
0
7
18
0
15
7
Mobile Home Setups
4 replaced
1 replaced
6 replaced
6 replaced
7 replaced
3 replaced
0 replaced
0 new
3 new
5 replaced
4 replaced
I new
0 new
2 new
2 new
0 new
o new
3 new
3 reolacod
I t .l
0 new
0 new
Commercial/industrial Sq. Ft.
19,172
48,836
69,339
45,374
86530
33.259
66,970
63,260
5599 l
37,940
121,879
Sebastian
Single -Family Units
70
181
166
170
151
132
176
164
174
296
210
Multi -Family Units
0
0
0
0
0
0
0
10
2
6
0
Mobile Home Setups
4
10
I replaced
5
0 replaced
4 replaced
1 replaced
3 replaced
I replaced
3 replaced
2 replaced
14 new
15 new
0 new
18 new
4 new
3 nnv
3 new
7 new
Commercial/Industrial Sq. Ft
24,977
9,389
11,600
92,917
29,575
104,465
34.216
2,575
18,712
62,698
11,318
Fellsmere
Single -Family Units
10
5
4
5
5
4
5
4
5
10
3
Multi -Family Units
0
0
0
0
0
0
0
0
0
0
0
Mobile Home Setups
10
2 replaced
1 replaced
0
2 replaced
0
5 replaced
3 replaced
2 replaced
0 replaced
3 replaced
0 new
0 new
0 new
2 new
0 new
0 new
3 new
2 new
CommcrciaVlndustrial Sq. Ft
9,245
0
0
0
0
0
0
27.208
98
0
0
Indian River
Single -Family Units
7
9
18
34
42
16
41
33
31
53
32
Shores
Multi -Family Units
0
0
0
0
0
0
0
0
0
4
0
Commerciallindustrial Sq. Ft
0
0
0
0
0
0
0
0
0
0
0
Orchid
Single -Family Units
0
0
2
2
0
1
1
1
1
3
12
Multi -Family Units
0
0
0
0
0
0
0
0
0
0
0
Commercial/Industrial Sq. Ft
0
0
0
0
19,189
0
7,300
0
0
0
0
Community Development Department
Indian River County 22
w
v
July 2023
Total N of
PermitslCalendor
Year (all
Jurisdictions)
Total Single Family
Units
Total Multi -Family
Units
Total Mobile Home
Setups
Total Commercial
SQET
DepaAment Activity
20011-2010 2011 2012 2013 2014 7015 2016 2017 2018 I 2019 2020 2921 2022
Permits Permits Permits Permits Permits Permits Permits Permits Permits Permits Permits Permits Permits
17,479 309 364 537 683 809 914 979 1.229 I 1,126 1,233 1,552 995
3.777 22 R 12 9 1,20 135 79 111 228 28 73 482
370 5 15 27 39 45 76 29 105 85 17 64 86
I
6,116,299 104,505 289,049 90.803 170,904 345,260 319,541 246,128I56t,579 251,948 236,672 336.450 440,725
Total Residential Units and Permits I
(all jurisdictions)
Total Single Family Units
Total Multi -Family Units
Total Mobile Home Setups
Total Housing Units
Total Residential Units
(compiled starting from 2000 census indleatin % existing units through to present)
64,449 _
19.182
7,829
91,460
Historical Residential Building Permit Activity
(Unincorporated Indian River County)
3000
2500
C 2000
1500
1000
500
I- Single Family — Multiple Family
Community Development Department Indian Lover County
23
W
00
July 2023 Department Activity
Commercial Building Permit Activity
(Unincorporated Indian River County)
T
ITOUITITIN
1,400,000
1,200,000
1,000,000
800,000
600,000
400,000
200,000
C
ONE a 4w vGo 6 O a Cf w *N,� +y + � *fir N N
Qi *�,► ai N N N N N N N N N N N N
❑ Commercial/ Industrial SQFT
CommunityDevelopmcnt Department
Indian River County 24
w
I'D
July 2023
Department Activity
Staff Level and Planning & Zoning Commission Approved Residential Projects Calendar Year 2023
Preliminary Plat and PD Plan Projects Number of Lots/Units
Seawest of Vero Subdivision 31
Providence Pointe PDTND Phases 1 & 2 322
Total 353
Multi -Family Site Plan Projects Number of Units
Vero West Apartments 278
Arbours at Vero Beach Townhomes 84
Total 362
Conceptual Plan Projects
Number of Lots/Units
Total
0
Total Number of Lots/Units 2007
700
Total Number of Lots/Units 2016
435
Total Number of Lots/Units 2008
1,470
Total Number of Lots/Units 2017
603
Total Number of Lots/Units 2009
368
Total Number of Lots/Units 2018
1,080
Total Number of Lots/Units 2010
52
Total Number of Lots/Units 2019
2,062
Total Number of Lots/Units 2011
49
Total Number of Lots/Units 2020
1,255
Total Number of Lots/Units 2012
240
Total Number of Lots/Units 2021
2,595
Total Number of Lots/Units 2013
93
Total Number of Lots/Units 2022
1,065
Total Number of Lots/Units 2014
1,613
Total Number of Lots/Units 2023
715
Total Number of Lots/Units 2015
494
Community Development Department
Indian River County 25
.A
0
41
During these same periods, demand also increased for residential projects. New single family
development increased from an average of 600 dwellings per year during the period from 1993
to 1997, to over 1,000 dwellings per year in 2001 thru 2003. In 2004, Indian River County had
3,168 single family units and 562 multi family units permitted. 2005 had 3,426 single family
permits and 144 multi family units. 2006 was impacted by high availability of units and slowing
absorption rates as new units continued to come online. Nevertheless, 2,813 single family units
were permitted and 182 multi -family units.
The number of single family permits declined significantly in 2007 to around 1,100, then to
around 615 during 2008 and 249 in 2009. There had been some additional new home
construction in a few subdivisions during 2010 and 2011, typically at lower pricing, with a total
of 300 single family permits indicated. New home construction increased to around 364
permits in 2012, with 2013 even higher at 537 single family permits. A total of 683 single family
permits were issued county wide in 2014, with 809 in 2015, 914 single family permits in 2016,
979 in 2017, increasing to 1,229 in 2018, with 1,126 in 2019 and 1,233 in 2020. The most
recent 2021 and 2022 years had a total of 1,552 and 995 permits.
The City of Sebastian had a total of 174 permits in 2020 and164 single family permits in 2019,
176 single family permits in 2018, 132 in 2017, 151 in 2016, 170 in 2015, 166 in 2014 and 181
in 2013. These last six years are more than double the 70 permits in 2012. 2011 had only 57
new home permits with 2010 at only 32 and 2009 even lower with only 23 single family permits.
The home construction and population in the City of Sebastian has been increasing over the
last 10 years and is forecast to continue. They had a total of 296 new single family permits in
2021 and 210 in 2022.
Demand for commercial and industrial development has been improving over recent years,
beginning slightly after the residential market began its recovery. These markets have been
stabilizing and improving over the last few years, particularly for national chains, such as
Cumberland Farms, Wawa, Auto Part stores, along with Dollar stores. Some local new
construction is also occurring, and demand for trade and light industrial space has substantially
improved over the last few years. There are several large storage facilities under construction,
along with car washes.
Physical Characteristics and Transportation
The principal attraction of the county is its 25 miles of Atlantic beachfront and an equal stretch
along both sides of the Indian River (Intracoastal Waterway). Access from the waterway to the
ocean is available at the Sebastian Inlet 15 miles north of Vero Beach at the north county line.
The closest ocean access to the south is 15 miles at the Ft. Pierce Inlet. There are three
access points between the mainland and the beach area: two serve Vero Beach (Merrill Barber
Bridge, S.R. 60, and the 17th Street Bridge and the Wabasso Bridge, is located mid -county
on S.R. 510.
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42
Principal health care facilities are the Cleveland Clinic Indian River Hospital, in Vero Beach and
the Sebastian River Medical Center (Steward Health Care) in the north county. Both of these
hospitals have merged with larger hospital companies over recent years. There are also
several nursing homes and ACLF's near the hospital, as well as several life care facilities west
of Vero Beach. Schools, churches, and other services are adequate with additional schools
expanding throughout the county.
The county has been reasonably well governed with the usual five county commissioners as
provided for in the state constitution. The commission employs a county administrator. Local
political attitudes have directed decisions toward controlled growth resulting in comparably
lower development densities. Attractive community amenities include the Center for the Arts,
Riverside Theater and other cultural facilities. Numerous public and private golf courses, the
Vero Sports Village complex (Historic Dodgertown), beaches, fishing, boating, and racquet
sports facilities (public and private) combine to provide good availability of recreational facilities.
Like most Florida east coast towns, commercial development in Vero Beach began with a small
downtown nucleus and commercial strips along U.S. #1. Since the 1960's, the downtown
district lost prominence to shopping centers and commercial strips with orientation towards
local traffic as 1-95 became the major interstate highway.
In Vero Beach, the thrust of commercial growth is southward along U.S. #1 and westward along
State Road 60. The U.S. #1 commercial strip has new national brands including Cumberland
Farms, Wawa, O'Reilly Auto Parts, etc. The U.S. #1 commercial strip is almost fully built up,
stimulating demand for secondary location users, west along S.R. 60 and south or north along
U.S. #1 for primary locations. State Road 60 has new commercial development from regional
and national chains, along with an extended stay hotel. There is a mature beachside
commercial district on the Barrier Island along Beachland Boulevard and Ocean Drive. This
district has good quality retail and office uses, along with motels and restaurants. This
commercial area provides only limited shopping support for beach area residents, but has been
growing in prominence as a beachside tourist area. Major shopping, including grocery is
available on the mainland, with the Miracle Mile area convenient to both mainland and beach
residents.
The bulk of middle class residential growth had been occurring in the community's central and
southwest quadrant, with the bulk of upper priced housing growth on Vero's beach. The
mainland area had significant overbuilding during the boom period between 2004 and 2006 and
had struggled with oversupply, though beginning to stabilize and improve in around 2012 to the
strong levels into 2019/2020. The pandemic created a brief slowdown and uncertainty, but the
market recovered quickly. Continued home construction is forecast over the next couple years,
as inventory levels remain light, although home prices have increased. New residential
development has been occurring, initially on parcels with existing infrastructure, along with
some new residential communities. The Indian River County area has seen substantial in -
migration over the last couple years from northern states and South Florida. The Indian River
County net population growth is currently estimated at around 2,176 per year.
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43
In summary, Vero Beach and Indian River County, as well as the City of Sebastian, are
recognized as attractive places in which to live and work. Agriculture has declined as a
prominent part of the local economy, as the service sector continues to become the major
employment sector. Population is expected to continue growth, primarily from in -migration of
the retirement segment and service providers. Political attitudes continue to place restrictions
on supply and lower densities, which contribute to the residential appeal. Highest demand is
expected to continue for those properties affiliated with the barrier island and waterfront,
although all properties should participate in overall county demographics and growth trends.
In conclusion, the local economy and residential real estate market have been strong over the
last several years, followed by the commercial and industrial markets which have improved
over the last few years. The Indian River County area is forecast to have a continued
improvement over the next couple years, depending to some degree on state and national
economic factors. Interest rates have increased substantially in an attempt by the Federal
Reserve to reduce inflation.
The Coronavirus (Covid-19) outbreak began in early 2020 and was identified as a pandemic
on March 11, 2020 by the World Health Organization. It then steadily increased throughout the
world and the United States. This had created significant disruptions in the local, state and
national economies and resulted in restaurants, retail stores, hotels, vacation rentals and
schools closing, airline and cruise ship business decline, along with other businesses.
Businesses and restaurants reopened with restrictions, as the State of Florida and Indian River
County commenced recovery plans. Schools had reopened for the 2020 Fall Semester and
have continued to operate.
The outlook for the future is positive, as real estate in Indian River County appears to be
generally unaffected to date. Single family homes and condominiums have very strong
demand and prices have increased as available inventory has decreased. Demand for
commercial and industrial properties has also been strong. Further, reportedly the county
population has been increasing over the last couple years, although the population figures
reviewed are lagging. The subject property appraised is located in the City of Sebastian and
should participate in these overall area trends and influences, in our opinion.
170 of 562
44
NEIGHBORHOOD
A neighborhood may be defined as follows:
A group of complementary land uses; a congruous grouping of inhabitants, buildings, or
business enterprises. Source - Taken from The Dictionary of Real Estate Appraisal Fifth
Edition, sponsored by the Appraisal Institute, 2010 page 133.
The subject property is located in a commercial strip neighborhood extending along Sebastian
Boulevard (County Road 512) between the FEC Railroad Tracks and the North Indian River
County Library, in the City of Sebastian. The commercial neighborhood is primarily limited to
the south side of this arterial which has been widened to four lanes, consisting of two east/west
lanes and a grassed median strip. There are some commercial zoning and uses along the
north side of Sebastian Boulevard at the western edge, along with commercial and industrial
uses in the eastern portion.
The subject property is located in the eastern portion of the overall neighborhood in the
triangular area separated by the Sebastian Boulevard Twin Pairs alignment. This portion of the
neighborhood consists of a mixture of commercial and industrial uses. The south side of
Sebastian Boulevard generally consists of small commercial lots within the Sebastian
Highlands community. However, there are also two larger commercial developments, named
the 512 Commerce Center, along with Chesser's Gap, both located along the south side of
Sebastian Boulevard.
Sebastian Boulevard is also known as County Road 512 and was previously named Fellsmere
Road. It provides access to U.S. #1 to the east and County Road 510 to the west, as well as
1-95 further west. This divided four -lane roadway is the primary arterial for access to the
Sebastian Highlands residential communities to the north and south. The eastern portion of this
roadway is split into the Twin Pairs alignment providing separated one way roadways, each
containing two lanes. The Twin Pairs westbound route was completed about 20 +- years ago.
The commercial neighborhood is approximately 50% built-up with primarily smaller single
occupant and small strip centers (2 to 8 bays each). Most of these strip centers consist of
small rental investment properties along with some office condominiums. Other commercial
development includes the 512 Commerce Center, Chesser's Gap Shopping Center and the
Sebastian Lakes Winn Dixie, adjacent Walgreens, and two bank buildings. In the eastern
portion of the neighborhood, there are industrial and warehouse industrial uses just west of the
FEC Railroad and U.S. #1, along with the closed City of Sebastian Public Works facility,
American Legion, and VFW. A newer Sherwin Williams and O'Reilly Auto Parts are also
located in this area, along with an older strip center and some service garages.
The Chesser's Gap Shopping Center was built around 35 years ago and originally contained
a Food Lion grocery store, Eckerd Drugs and associated smaller spaces. Many of these
tenants have since vacated, including Food Lion (then Kash N Karry) and the shopping center
was eventually sold. It then contained a large appliance store, named Appliance Direct, Family
Dollar and smaller retail tenants, now including Strike Zone bowling and amusement center.
171 of 562
45
There is a Bank of America branch on the corner and an Elks Lodge on an adjacent interior
parcel. A funeral home was built south of the Elks Lodge, and an Exxon service station and
convenience store were then completed on the corner parcel, across from the bank branch.
The service station had closed and the parcel recently redeveloped with a newer Dollar General
and some medical office space.
The Sebastian Lakes Winn Dixie store was completed about 25 years ago along the south side
of County Road 512, adjacent to the east of the Roseland Road extension. The shopping
center also included a Movie Gallery video store, since closed. An out -parcel to the east
contains a PNC Bank branch. At the southwest corner of County Road 512 and Roseland
Road, are a Walgreens drug store and Seacoast Bank branch.
Just west of these improvements is the North Indian River County Library, followed by
Sebastian Lakes units and additional residential development. Thus, the Sebastian Highlands
commercial neighborhood consists of the smaller commercial properties along the south side
of Fellsmere Road, which are located on from 1 to say 6 individual lots and are typically about
40 feet by 160 feet in size. These improvements vary in age from new to 40 years and are
generally of fair to average quality construction.
The commercial strip along County Road 512 has two strip centers (A.R.T. Plaza and Tall Tree
Plaza), just west of Barber Street. An Italian American club facility is located along the south
side of CR 512, just east of Barber Street. Some new owner -occupied commercial
improvements have also been constructed for an appliance repair business, as well as a dental
office. A car wash was also completed about 20 years ago, along with two new medical office
buildings and one real estate office. Further, a new Cumberland Farms convenience store and
service station were built at the southwest corner of Sebastian Boulevard and Barber Street,
but otherwise there has been limited new commercial development over the last several years.
The first, second and third phases of the 512 Commerce Center have long been completed
adjacent to the northeast of the Chesser's Gap shopping center. The first phase included a
front office building and two office/warehouse buildings. Additional front office buildings were
then constructed in the second phase, along with additional building and site improvements in
phase three, as well as some mini -storage space. Total overall gross building area is about
130,000 to 135,000 square feet.
There are also some commercial strip centers and office buildings east of the 512 Commerce
Center, including the 661 Sebastian Center, 512 Plaza, Complete Electric, and the Sebastian
Professional Center. Other buildings include Shadetree Plaza, Humane Society, Animal
Hospital, Maytag (now Granite Environmental), Dr. Guitterez, and Sebastian Gym & Fitness.
A mini -storage warehouse development (Acorn Mini -Storage - now Cube Smart) was built in
phases over the last 20 to 25 years in the eastern portion of the neighborhood. This mini -
warehouse now contains a total of about 100,000 square feet and has a mixture of both climate
controlled and non -climate controlled storage units.
172 of 562
46
Property uses within the eastern portion of the neighborhood, south of Sebastian Boulevard,
consist of trades warehouse buildings, oriented toward the construction industry, auto repair
businesses, boat and marine sales, as well as storage warehouse buildings. The improvements
range in age from about 10 to 30 years and are generally of fair to average quality construction.
The western portion of the subject neighborhood has experienced commercial development
around the corner of County Road 512 (Sebastian Boulevard) and County Road 510. This
originally included the Shark Mart service station and convenience store, followed by a Publix
anchored shopping center (The Shoppes of Sebastian) and additional retail space. The service
station is around 20 years in age, with the shopping center built over the last 15 years.
A small commercial park was developed around the recently renovated service station and
convenience store at the northwest corner of Sebastian Boulevard and County Road 510. The
convenience store has a renovated Sunoco and convenience store, along with a Burger King
restaurant to the west. The Sebastian Crossings Commercial development is located along
the north side of Sebastian Boulevard, west of Sebastian Crossings Boulevard and south of the
newer Sebastian Crossings residential subdivision. This commercial park has four sites
containing an Advance Auto Parts store and a Dollar General, along with a rear self -storage
facility.
Occupancy throughout the neighborhood had been less than optimally desired, but had been
improving over recent years. Current inspection of the neighborhood indicated some vacancy,
but improved occupancy at most properties. There is typically some vacancy in the Chesser's
Gap shopping center, as this property has struggled over the last 20 years, but was full at the
time of our inspection. Rental rates in the neighborhood are generally in the $10.00 to $18.00
per square foot range. Rental rates have been stabilizing and improving over the last few years
with the economy and recovery from the pandemic.
A new commercial/warehouse building for a Sherwin Williams paint store was completed about
10 to 12 years ago and another new commercial building for O'Reilly Automotive was built
adjacent to the south, at the northeast corner of Sebastian Boulevard and S. Wimbrow Drive.
The other two commercial sites in this commercial park remain vacant and listed for sale.
Otherwise, there has been little new construction of in the subject commercial strip over the last
approximate 10 to 15 years.
Commercial land values along Sebastian Boulevard in the Sebastian Highlands commercial
neighborhood have varied widely typically, now estimated around $8.00 to $12.00 per square
foot. However, both the Sherwin Williams and O'Reilly Auto Parts commercial sites sold much
higher at around $12.00 to $15.00 per square foot, although consisting of corner locations with
common drainage retention available. Two vacant sites are presently listed for sale at around
$9.00 per square foot, not including the lake retention area.
Residential construction has been very strong over the last several years. The outlook for -the
future is felt to be continued growth in the Sebastian area, in both residential and commercial
uses. The large Sebastian Highlands community contains about 13,000 single family lots and
is around 60% developed overall. Home prices have increased over the last few years.
173 of 562
47
Sebastian River Landing consists of an approximate 15 year old single family subdivision
located along the south side of Sebastian Boulevard, east of County Road 510 and west of
Sebastian Highlands. Sebastian Crossings is another single family subdivision development,
located north of Sebastian Boulevard and northwest of County Road 510. Sebastian Crossings
consists of a 137 lot development that was completed in 2005.
Vero Lake Estates is located to the west of County Road 510, south of Sebastian Boulevard.
This neighborhood contains lower priced lots along dirt roadways, but also experienced much
new home construction over recent years. The City of Fellsmere is located west of 1-95, but
also providing some neighborhood support, due to the lack of commercial uses in Fellsmere.
The long term outlook for the subject neighborhood and surrounding Sebastian area is
continued growth in both residential and commercial uses. Adequate schools are available,
including Sebastian River High School, Sebastian River Middle School, two elementary
schools, along with Treasure Coast elementary school. Further, the north county park and
aquatic center is located along the north side of County Road 512 (Sebastian Boulevard), just
west of subject neighborhood and Sebastian River Middle School.
The subject neighborhood and subject property are primarily oriented towards the Sebastian
Highlands residential uses, along with Vero Lake Estates, in terms of demand and uses. The
subject property is located in the eastern portion of the neighborhood in the triangular area
between Sebastian Highlands eastbound and westbound. The subject property should
participate in overall neighborhood trends and growth factors, in our opinion.
ZONING
The subject property is located in the City of Sebastian. Current zoning is PS, Public Service
for the main site area and CG, Commercial General for the small parcel. Reportedly, the
subject property has potential for rezoning to either CG, or IN, Industrial, per the information
provided. This will be considered by the City of Sebastian Growth Management Department
and other officials. The CLUP for the City of Sebastian is Mixed Use. Thus, both the subject
zoning and CLUP may need to be changed, depending on the proposed use.
CG, General Commercial
The CG, General Commercial zoning allows a wide variety of commercial uses, including
commercial retail, service stations, hotels and motels, restaurants, business and professional
offices, plant nurseries, home occupations, etc. Other permitted uses include clubs and lodges,
medical services, hotels and motels and all uses permitted in the RM-8 zoning district.
There are also conditional uses that may be permitted, subject to approval, which includes
nursing homes and commercial amusements. The RM-8 zoning district permits single family
and multiple family residential, nursing homes, churches, schools, and townhouse
development.
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Size and dimension criteria within the CG zoning districts is as follows:
Minimum Lot Size:
10,000 SF
Minimum Width:
75 feet
Minimum Depth:
125 feet
Minimum Setbacks:
Front Yard: None
Side Yard: 5 feet minimum
Rear Yard: 10 feet
Maximum FAR: 60%
Maximum Building Height: 35 Feet
Maximum Building Coverage: 30%
Minimum Open Space: 20%
Maximum Impervious Surface: 80%
IN, Industrial District
The IN, Industrial District zoning allows a wide variety of industrial uses, including commercial
retail under 5,000 square feet, service stations, restaurants, business and professional offices,
wholesale trades and services, vehicular sales and related services, clubs and lodges,
veterinary services and industrial activities. There are also conditional uses that may be
permitted, subject to approval, which includes hotels and motels, commercial amusements and
commercial retail greater than 5,000 square feet.
Size and dimension criteria within the IN zoning district is as follows:
Minimum Lot Size:
15,000 SF
Minimum Width:
100 feet
Minimum Depth:
125 feet
Minimum Setbacks:
Front Yard: 20 feet
Side Yard: None
Rear Yard: 10 feet
Maximum FAR: 50%
Maximum Building Height: 35 Feet
Maximum Building Coverage: 50%
Minimum Open Space: 20%
Maximum Impervious Surface: 80%
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st,
The subject property consists of a partially improved site located along Sebastian Boulevard
with main access via Veterans Memorial Way. The main site area contains the former City of
Sebastian Maintenance Compound which is presently vacant. The improvements include three
warehouse/office type buildings along with paved parking and drive areas, drainage
improvements, walkways, perimeter fencing, utility services, etc. Additionally, a separate tax
parcel at 190 Sebastian Boulevard contains around 100 +- feet of frontage along the north side
of Sebastian Boulevard eastbound. Total site size of the subject property is indicated at
157,912 +- square feet, or 3.63 +- acres.
As discussed, the subject property is currently vacant as the City of Sebastian has moved to
another location. Reportedly, the subject property has potential for rezoning to either CG, or
IN, Industrial, per the information provided. Parking Requirements vary with the property use.
Site plan and other approvals will be required.
It is assumed that the subject property is currently grand -fathered and in compliance with local,
state, and federal laws and requirements to allow continued industrial use, along with potential
for future commercial and/or industrial development.
CONCURRENCY
Concurrency is the comparison of any proposed development's impact on public facilities and
the capacity of the public facilities that are, or will be, available to serve the proposed
development. Compliance with concurrency is required of all proposed new development in
Indian River County. This is a requirement for public facilities and services to be available
concurrent with the impacts of development. Components considered in the concurrency
requirement include traffic and transportation facilities, sewage collection facilities, potable
water facilities, drainage, park and recreation facilities, etc. Typically, concurrency is most
applicable to roads and traffic capacity.
Thus, if a project is proposed, its impact must not exceed the capacity levels of current
infrastructure, or the plan must propose the expansion of the infrastructure and the source of
funds required to construct these improvements. This is an extensive study, that is beyond the
scope of this appraisal. However, there are no known concurrency issues that affect the
subject property, based on our observations. Please see above.
ASSESSMENT AND TAXES
The taxing authority is Indian River County. Taxes are based on Just Values that are estimated
by the Indian River County Property Appraiser and on millages as set by the Tax Collector
using various taxing districts' approved budgets. Taxes are assessed in arrears based on
valuations as of January 1 st of the tax year. Tax bills are sent out in November and become
payable January 1 st of the new year.
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The following is a summary of tax assessment data for the subject property, based on the 2022
Indian River County Tax Roll:
Tax Parcel Number Assessed Value 2022 Taxes Site Size
Main Site -100 Veterans Memorial Way
06-31-39-00000-5000-00024.0 $892,848 $ 962.51 4.13 Acres
190 Sebastian Boulevard
07-31-39-00000-3000-00006.0 1944,155
51,307 $ 147.49 0.29 Acres
Totals $1,110,00 4.42 Acres
The tax parcel for the subject main site area also includes the adjacent right-of-way parcel for
Veterans Memorial Way, although not included in the subject property appraised. The subject
site is estimated at a total of 3.63 +- acres.
Florida's Constitution requires all property to be appraised at Just Value. While this concept
is not adequately defined in the Constitution nor in Florida Statutes, numerous court decisions
have held that it approximates Market Value as defined herein, less normal seller expenses of
sale, estimated at fifteen percent (15%). While this represents the target level of the property
appraiser, it has been found that assessments produced by mass appraisal techniques vary
considerably and are not good indicators of Market Value.
UTILITIES
Utilities available to the subject property are as follows:
Electricity: FP & L
Water: Indian River County
Sewer: Septic System - Indian River County
Telephone: AT & T
Trash: Waste Management
* Reportedly, the subject property currently utilizes septic tanks for sewage disposal, but future
redevelopment will require county sewer service be extended from the southeast via a new 4
inch sewer force main from Louisiana Avenue and Sebastian Boulevard, along with possibly
a Lift Station. The cost of this sewer service has not been provided and is subject to review
by the appraisers.
The subject property has electrical service from FP&L. A well is located on the southern edge
of the subject site with Indian River County water service along Sebastian Boulevard. An older
back-up generator is located in a wood frame building. Based on evidence from nearby
properties and from utilities authorities, the subject property is being appraised, as if utilities are
available to the site sufficient in capacity to support the Highest and Best Use, at costs that are
typical to competing properties. Please See Extraordinary Assumption Condition #1.
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SITE DESCRIPTION
The subject site is located along the south side of the Sebastian Boulevard westbound roadway
at the southwest corner of Veterans Memorial Way (100 Veterans Memorial Way). It consists
of two tax parcels that are combined and also include frontage along the north side of
Sebastian Boulevard eastbound. Thus, the subject site has frontage along all three roadways.
Total site size of the subject property is indicated at 157,912 +- square feet, or 3.63 +- acres.
The subject overall site has an irregular shape, but with frontage along three roadways. The
main site area contains approximately 555.77 +- feet of frontage along the south side of
Sebastian Boulevard westbound and 162.55 +- feet along the west side of Veterans Memorial
Way. The separate tax parcel at 190 Sebastian Boulevard contains around 100.71 +- feet of
frontage along the north side of Sebastian Boulevard eastbound. The east property line
dimension is a total of 546.20 +- feet (433.04' + 102.66'). The south and west property lines
are irregular.
The main site area contains the former City of Sebastian Maintenance Compound which is
presently vacant. The improvements include three warehouse/office type buildings along with
paved parking and drive areas, drainage improvements, walkways, perimeter fencing, utility
services, etc. The site is generally level and partially improved with the closed facility. The
parcel at 190 Sebastian Boulevard formerly contained an older single family residence, but
since demolished and removed. It consists of a mostly cleared vacant commercial parcel that
contains native vegetation.
As discussed, the subject property had previously been used by the City of Sebastian
as a Public Works office and vehicle/equipment storage facility. Previously, the facility
had been operated with two underground storage tanks (5,000 gallon leaded gasoline
and 300 gallon diesel fuel) which were removed in 1991. These UST's had been installed
in 1984 and are the subject of the current cleanup activities related to the previous soil
contamination. Just recently, in December 2022, a shallow groundwater monitoring well
was installed. Petroleum Restoration Program procedures have recently been approved
with a total cost of around $9,912.53 indicated.
The subject site has access via Veterans Memorial Way to the north, as well as Sebastian
Boulevard to the northwest. There is a gated entrance along both of these roadways along with
connecting interior paved drives. Veterans Memorial Way is two lanes and extends from
Sebastian Boulevard westbound to Louisiana Avenue which then connects with Sebastian
Boulevard eastbound. Sebastian Boulevard westbound is two lanes same as Sebastian
Boulevard westbound, one block to the south. Sebastian Boulevard provides access to U.S.
#1 to the east and County Road 510 to the west, as well as 1-95 further west. This divided four -
lane roadway is the primary arterial for access to the Sebastian Highlands residential
communities to the north and south. The eastern portion of this roadway is split into the Twin
Pairs alignment providing separated one way roadways, each containing two lanes. The Twin
Pairs westbound route was completed about 20 +- years ago.
A plat map and county aerial map are provided, along with a copy of the recent survey.
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The subject property has a convenient location with good access via Veterans Memorial Way,
along with Sebastian Boulevard both eastbound and westbound. Louisiana Avenue provides
access between the Sebastian Boulevard Twin Pairs, also supported by Veterans Memorial
Way. Continued access is assumed via these roadways. The subject site has an irregular
shape and potential for a wide variety of uses.
Surrounding uses include the American Legion and VFW. A newer Sherwin Williams and
O'Reilly Auto Parts are located in the small 4 lot commercial park adjacent to the southwest via
Wimbrow Drive. The two rear commercial sites are currently listed for sale immediately
adjacent to the subject property. Northwest of the subject property is an older mobile home
park with Ashbury Subdivision further northwest. South of Sebastian Boulevard is Acorn Mini -
Storage adjacent to the subject parcel at 190 Sebastian Boulevard.
In summary, the subject site is located along the south side of the Sebastian Boulevard
westbound roadway at the southwest corner of Veterans Memorial Way (100 Veterans
Memorial Way). It consists of two tax parcels that are combined and also include frontage
along the north side of Sebastian Boulevard eastbound. Thus, the subject site has frontage
along all three roadways. Total site size of the subject property is indicated at 157,912 +-
square feet, or 3.63 +- acres. The subject overall site has an irregular shape, but with frontage
along three roadways.
FLOOD ZONE
According to the Federal Emergency Management Agency National Flood Insurance Program
Map for Indian River County, revised January 26, 2023, the subject property appears to be
located in Flood Zone X. Flood Zone X is not a special flood hazard area and flood insurance
is not required in this flood zone.
CENSUS TRACT
The subject is designated as being within Census Tract 508.08, based on the 2020 Census
Tract Map for Indian River County, Florida.
SITE IMPROVEMENTS
Principal site improvements include paved parking and drive areas, concrete walkways and
work areas, landscaping, drainage improvements, chain link fencing, utilities, lighting, etc. The
subject site has access via Veterans Memorial Way to the north, as well as Sebastian
Boulevard to the northwest. There is a gated entrance along both of these roadways along with
connecting interior paved drives.
A copy of the site plan provided is shown on the following page.
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These two entrances connect with the paved drive and parking areas that extend thru the
subject main site area and loop around the building improvements. There are a total of 20
paved parking spaces on the northern portion of the site with an additional 7 parking spaces
available adjacent to buildings #1 and #2. Additionally, there are open work and grassed areas
available for overflow parking. The subject parking is considered adequate for the previous
use. The paved areas are currently in average condition and quite substantial. There are also
concrete pads adjacent to the buildings.
Landscaping consists of grassed areas, along with some plants and trees. The perimeter of
the entire main site area has 6 foot high chain link fencing with 3 strands of barbed wire.
There are rolling metal gates at the two entrances. The fencing appears to be in average
condition and totals around 2,000 +- linear feet, per the Indian River County Property Appraises
records.
Drainage improvements include (3) catch basins, drop -inlets, swale and retention areas, etc.
There is a large stormwater retention area on the western portion of the site. There is a
wooded area on the adjacent small triangular area and the 190 Sebastian Boulevard site is
partially cleared and remains in native vegetation. Utility services include a pump and well,
county water service, along with septic systems and heavy duty electrical service. Exterior
lighting is also provided. There is an older back-up generator that utilizes diesel fuel located
in an 11' x 20' wood frame building adjacent to buildings #1 and #2.
Overall, these site improvements are extensive and provide adequate support for the subject
industrial warehouse buildings, as evidenced by their use over the years. However, they have
uncertain utility for redevelopment. Further, future redevelopment will require county sewer
service be extended from the southeast via a new 4 inch sewer force main from Louisiana
Avenue and Sebastian Boulevard. The cost of this sewer service may also require a Lift
Station and has not been provided, subject to review by the appraisers. The site also has soil
contamination that will need to be continually monitored.
BUILDING IMPROVEMENTS
Building improvements consist of the three warehouse types buildings that were previously
utilized for the City of Sebastian Maintenance Compound. They are described as buildings #1,
#2, and #3 moving from north to south. Building #1 consists of a former office/warehouse
building that contains two restrooms. Building #2 is a service garage with some first and
second floor office space and building #3 is a metal warehouse building. These buildings range
in size from 1,764 to 4,000 square feet and were built in 1979, 1992 and 1999. They total
9,322 square feet overall, plus covered work areas. They are summarized below:
Buildinq #
Buildinq Description
Size/SF
Year Built - Age
Building #1:
Office/Warehouse
1,764 SF
Built 1979 - 44 years
Building #2:
Service Garage/Office
3,558 SF
Built 1992 - 31 years
Building #3:
Metal Warehouse Building
4,000 SF
Built 1999 - 24 years
Total Gross Building Area
9,322 SF
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Building #1 has concrete block construction and a metal roof. The building interior has
concrete floors and drywall walls and ceilings and includes two main work areas, two office
areas, and a utility room. There are two restrooms including one with a shower. This building
has climate control and is older, built around 1979. It is currently in fair condition.
Building #2 also has concrete block construction, but with a shingle roof over wood trusses.
The building was designed for service garage uses and includes a large open service garage
area, along with covered canopy areas. There are two story offices in the northwest portion
accessed by interior wood stairs. The second floor offices are in poor condition. A storage
room with fuel tanks is also provided. This building contains a total of 2,040 square feet of
covered canopy and work areas. This building was reportedly built around 1992 and the
overall condition is rated fair.
Building #3 contains 4,000 square feet and consists of a 40' x 100' metal warehouse building
located on the southwest portion of the main site area. The building has metal frame
construction with a wall height of 16 feet and metal roofing. The building has (3) roll -up
overhead doors, along with passenger doors. The interior has florescent lighting with insulated
roof area. The building consists of open warehouse space with no restrooms. It was built in
1999 and appears to be in average condition.
These buildings are currently vacant and their overall condition is rated fair. They consist of
fair to average quality construction designed for their former use. However, the buildings
appear to be structurally sound and physically have some potential for continued use with
clean-up and renovations and improvements. They total 9,322 square feet in size which
represents a building to land ratio of only 5.9% to the overall site and slightly higher, say around
6.4% for the main site area. They represent an under improvement to the subject site due to
the smaller sizes, siting, building ages and overall quality. These improvements do not provide
an adequate return to the subject site to support its current land value.
Functional obsolescence is a loss in value resulting from defects in design. It can also be
caused by changes that, over time, have made some aspect of a structure, such as its
materials or design, obsolete by current standards. The defect may be curable or incurable,
depending on whether the cost to correct the defect is the same or less than the anticipated
increase in value after the correction.
Based on our analysis, these buildings are forecast to have little to no value to the subject
overall site, in our opinion, considering their older age and current condition, smaller building
sizes and other factors, including the subject commercial location.
External obsolescence is the diminished value of a structure due to negative influences from
outside the property, and is incurable on the part of the property owner. Such negative
influences could include the economic decline of a neighborhood or the transition of a
neighborhood from one use to another. No external obsolescence is considered to exist from
these influences.
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These factors are all considered in the valuation analysis of the subject property, which consists
of the subject land value, but also considering the potential for continued use of the subject site
improvements and buildings, offset by the soil contamination and the potential cost for a sewer
line extension.
HIGHEST AND BEST USE
Property Market Value trends can be analyzed through a study of the forces which drive this
market activity. These forces are referred to as supply and demand, substitution, balance and
external interference. The term "Highest and Best Use" refers to the optimum use of a
property, considering the impact of all of these market forces on a specific property.
The value of real property is directly related to the use to which it can be put. A parcel may
have several different value levels under alternative uses. The property appraised herein is
appraised under its Highest and Best Use, as defined below:
"The reasonably probable and legal use of vacant land or an improved
property that is physically possible, appropriately supported, financially
feasible, and that results in the highest value.
The four criteria the highest and best use must meet are legal permissibility,
physical possibility, financial feasibility, and maximum productivity."
Source: The Dictionary of Real Estate Appraisal - 5th Edition, sponsored by the Appraisal
Institute, 2010, Page 93.
In each appraisal of improved property there are two considerations of Highest and Best Use:
one for the land considered as though vacant and one for the property as improved. Within
each analysis four sets of use constraints are considered: legally permissible, physically
possible, economically feasible, and maximally productive.
Legally permissible restrictions include private restrictions, zoning, building codes, historic
district controls, and environmental regulations.
Physically possible uses are determined by the size, shape, area, topography and accessibility
of a parcel of land. Included in this analysis are the risk of natural disasters, capacity and
availability of public utilities, and the physical components of the improvements.
Financial feasibility considers uses that are legally permissible and physically possible, and
determines which ones produce a positive return. A maximally productive use is the financially
feasible use that produces the highest residual land value.
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The Highest and Best Use of land assumes that the site is vacant and that the site could be
utilized at the Highest and Best Use which is determined in this analysis. The Highest and
Best Use of the site, as improved, correlates the current improvements with improvements that
would be made at the optimum development of the site: as determined in the Highest and Best
Use of vacant land.
Site as if Vacant:
Physically, the subject site is located along the south side of the Sebastian Boulevard
westbound roadway at the southwest corner of Veterans Memorial Way (100 Veterans
Memorial Way). It consists of two tax parcels that are combined and also include frontage
along the north side of Sebastian Boulevard eastbound. Thus, the subject site has frontage
along all three roadways, but also an irregular shape. Total site size is 157,912 +- square feet,
or 3.63 +- acres.
The main site area contains approximately 555.77 +- feet of frontage along the south side of
Sebastian Boulevard westbound and 162.55 +- feet along the west side of Veterans Memorial
Way. The separate tax parcel at 190 Sebastian Boulevard contains around 100.71 +- feet of
frontage along the north side of Sebastian Boulevard eastbound. The east property line
dimension is a total of 546.20 +- feet (433.04' + 102.66'). The south and west property lines
are irregular.
The main site area contains the former City of Sebastian Maintenance Compound which is
presently vacant. The improvements include three warehouse/office type buildings along with
paved parking and drive areas, drainage improvements, walkways, perimeter fencing, utility
services, etc. The site is generally level and partially improved with the closed facility. The
parcel at 190 Sebastian Boulevard formerly contained an older single family residence, but
since demolished and removed. It consists of a mostly cleared vacant commercial parcel that
contains native vegetation.
In summary, the subject site has an irregular shape, but frontage along three roadways and
is convenient to surrounding areas. It has adequate frontage, depth, and size, along with
access for both commercial and industrial uses.
Legally, the site is restricted by zoning under the guidelines of the City of Sebastian Growth
Management Department. Current zoning is PS, Public Service for the main site area and CG,
Commercial General for the small parcel. Reportedly, the subject property has potential for
rezoning to either CG, or IN, Industrial, per the information provided. This will be considered
by the City of Sebastian Growth Management Department and other officials. The CLUP for
the City of Sebastian is Mixed Use. Thus, both the subject zoning and CLUP may need to be
changed, depending on the proposed use. It is assumed that the subject zoning will support
both commercial and industrial uses, per the information reviewed.
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Economically, to be financially feasible a use should generally return a positive net income
to the investor. The commercial and industrial real estate market, as well as the local
economy have been improving over the last several years. The pandemic had created some
additional uncertainty, but generally the local economy and real estate market have remained
strong and recovered.
A maximally productive use is a use that returns the greatest value to the site. In the case of
the subject neighborhood, these uses have been primarily by owner occupants, along with
some investment properties. The most likely uses of the subject property are for commercial
and industrial uses. Market conditions for retail commercial, trade warehouse, contractor
warehouse, and storage warehouses have improved over the last few years and particularly
over the last 3 years, based on our observations and discussions with market participants.
Physically, the most likely use of the subject property, as if vacant, would be to improve with
a commercial or industrial use. Legally, these types of improvements are assumed to be
allowed in the subject eventual zoning district. Further, economically, the demand for
commercial and industrial uses have been good over recent years. However, the subject site
is somewhat larger and may necessitate a mixed use or phased development.
Highest and Best Use of the subject property, as if vacant, is for future commercial and/or
industrial development of the subject site, as demand warrants.
Property as Improved:
Physically, the subject property contains three warehouse types buildings that were previously
utilized for the City of Sebastian Maintenance Compound. These buildings range in size from
1,764 to 4,000 square feet and were built in 1979, 1992 and 1999. They total 9,322 square
feet overall, plus covered work areas. They are summarized below:
Buildinq # Buildinq Description Size/SF Year Built - Age
Building #1: Office/Warehouse 1,764 SF Built 1979 - 44 years
Building #2: Service Garage/Office 3,558 SF Built 1992 - 31 years
Building #3: Metal Warehouse Building 4,000 SF Built 1999 - 24 years
Total Gross Building Area 9,322 SF
Additionally, the subject main site area has substantial site improvements, including paved
drive and parking areas, landscaping, drainage improvements, chain link fencing, etc.
Legally, the subject property is currently vacant as the City of Sebastian has moved their
facility to another location. Reportedly, the subject property has potential for rezoning to either
CG, or IN, Industrial, per the information provided. Parking Requirements vary with the
property use. Site plan and other approvals will be required. It is assumed that the subject
property is currently grand -fathered and in compliance with local, state, and federal laws and
requirements to allow continued industrial use, along with potential for future commercial
and/or industrial development.
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Economically, the three buildings and the subject property are currently vacant and their
overall condition is rated fair. They consist of fair to average quality construction designed for
their former use. They total 9,322 square feet in size which represents a building to land ratio
of only 5.9% to the overall site and slightly higher, say around 6.4% for the main site area.
Nevertheless, the buildings appear to be structurally sound and physically have some potential
for continued use with clean-up and renovations and improvements.
The subject site is rather large in size and has a convenient commercial location along
Sebastian Boulevard with good road frontage. It has potential for commercial and industrial
uses. The current buildings represent an under improvement to the subject site due to the
smaller sizes, siting, building ages and overall quality. These improvements do not provide
an adequate return to the subject site to support its current land value.
Based on our analysis, these buildings are forecast to have little to no value to the subject
overall site, in our opinion, considering their older age and current condition, smaller building
sizes and other factors, including the subject commercial location. Highest and Best Use of
the subject property, as improved, is forecast as potential interim use of these improvements
until redevelopment of the subject overall site is warranted.
VALUATION PROCESS
For most parcels of vacant land, only one of the traditional three approaches to value is
useful. This, of course, is the Sales Comparison Approach. In this approach, the subject
property is compared to parcels which have been involved in recent transactions, and
adjustments are made to the unit prices derived from those sales, to recognize differences
between the subject and the sales.
The Income Approach is not generally used since most parcels of vacant land are not
producing income, and the Income Approach consists of capitalizing net income at a market
rate, to indicate value. When sales of vacant parcels are not available for comparison, which
often is the case in built-up areas, the residual income from a hypothetical highest and best
use building may be capitalized to indicate land value. This was not the case here, since
recent sales throughout the community are available, and this approach was not used.
The Cost Approach, the third of the traditional approaches, is by definition not useable for
vacant land.
The subject buildings are older and felt to represent the Highest and Best Use of the subject
property, as if vacant, or as improved. The cost of demolition and removal is unknown, but
these improvements have potential for some interim value. Their potential value is estimated
to be roughly offset by the cost of extending the sewer line, along with the soil contamination.
Thus, based on our analysis, the subject current site and building improvements are not
estimated to contribute additional value to the subject site, as if vacant, and available for
development to its Highest and Best Use. Accordingly, we have made use only of the Sales
Comparison Approach.
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SALES COMPARISON APPROACH
The subject property consists of a partially improved site located along Sebastian Boulevard
with main access via Veterans Memorial Way. The main site area contains the former City
of Sebastian Maintenance Compound which is presently vacant. This parcel contains
approximately 555 +- feet of frontage along the south side of Sebastian Boulevard westbound
and 162.55 +- feet along the west side of Veterans Memorial Way. Additionally, a separate
tax parcel at 190 Sebastian Boulevard contains around 100 +- feet of frontage along the north
side of Sebastian Boulevard eastbound. Total site size of the subject property is indicated at
157,912 +- square feet, or 3.63 +- acres. The subject overall site has an irregular shape, but
with frontage along three roadways.
Current zoning is PS, Public Service for the main site area and CG, Commercial General for
the small parcel. Reportedly, the subject property has potential for rezoning to either CG, or
IN, Industrial, per the information provided.
The Market Value of the subject property estimated by direct comparison to recent comparable
sales of commercial and industrial zoned parcels in the subject market area. A search was
made throughout the subject neighborhood and competing areas for comparable land sales.
These comparable sales are then investigated and analyzed to utilize in the valuation analysis
of the subject property.
Adjustments are then considered and adjusted sale prices reconciled to provide an indication
of the Market Value of the subject property.
Four commercial and one industrial land sale are specifically analyzed, along with a current
listing of an adjacent commercial site. Other land sales and some current listings have also
been considered. The comparable land sales are compared to the subject on the basis of
price paid per square foot and per acre, with the price per square foot considered to best
explain market activity for the subject property appraised.
Adjustments
Adjustments are considered for observed differences between the comparable sales and the
subject. The land sales are adjusted forfinancing, conditions of sale, time (market conditions),
location, size, and shape/depth. Other factors considered include improvements/site factors.
We have also considered zoning, but no adjustments are estimated with the subject property
assumed to have either CG, Commercial General, or IN, Industrial zoning. Listing #6 is
adjusted minus 10% for listing negotiations.
Any conditions of sale, or financing adjustments are first made to the sales price and the
adjusted sales price is then analyzed. These adjustments, if estimated, are discussed in the
individual land sale descriptions.
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Time (market condition) adjustments are considered, as demand for commercial and industrial
land have been improving over recent years, despite the pandemic, and both commercial and
industrial land values have increased, based on our observations. The comparable sales all
closed in 2021 or 2022, with sale #3 the most recent sale closing in July, 2023. Unfortunately,
little information is available to specifically analyze an adjustment for market conditions.
Based on our observations, we have estimated a market condition of approximately 3/4% per
month, or 9% per year. Further, the date of sale is considered in the final reconciliation.
Location adjustments are made to compensate for value differences attributable to location.
This adjustment is made based on the appraisers observations of property values in the
varying locations, as compared to the subject. Access and exposure of the comparable sales
are also considered in relation to the subject.
The subject property has a convenient location and is located between the triangular portion
of the Sebastian Boulevard Twin Pairs. Sale #1 is rated slightly superior and adjusted
downward with sale #2 similar and not adjusted. Sale #3 is located along U.S. #1, south of
County Road 512, rated slightly superior and also adjusted downward. Sale #4 is located on
the northwest corner of U.S. #1 and Schumann Drive and is rated superior.
Sale #5 is located along 41" Street, west of U.S. #1, just north of the City of Vero Beach. This
location is inferior and adjusted upward. Listing #6 is located adjacent to the west of the
subject with access available from Wimbrow Drive and is rated similar overall.
Size adjustments are made to compensate for the inverse relationship in size. Typically, larger
sites sell at a lower price per square foot than smaller sites and vice versa. Sales #1, #2, #4
and listing #6 are all smaller in size and adjusted downward. Sale #3 is slightly larger, but
rated similar overall. Sale #5 is much larger and adjusted upward.
Further, parcels with narrow or irregular shapes, or a large amount of depth in relation to
frontage are typically marketed at a lower price per acre. Thus, an adjustment is also
considered for shape/depth. The subject site has an irregular shape. Sales #1, #3 and #5
are all rated superior and adjusted downward.
Lastly, the subject property contains substantial site improvements along with three buildings.
We have considered and estimated an adjustment for improvements/site factors. As
discussed, the subject buildings are older and not estimated to represent the Highest and Best
Use of the subject property, as if vacant, or as improved. The cost of demolition and removal
is unknown, but these improvements have potential for some interim value. Their potential
value is estimated to be roughly offset by the cost of extending the sewer line, along with the
soil contamination. Thus, based on our analysis, the subject current site and building
improvements are not estimated to contribute additional value to the subject site, as if vacant,
and available for development to its Highest and Best Use. The comparable land sales are
all rated similar. Listing #6 is adjusted downward as this overall commercial site has common
area drainage retention available including a large lake retention area.
The five comparable land sales and one listing analyzed are discussed on the following pages.
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LAND SALE #1
Type of Property: Commercial Land
Address: 469-497 Sebastian Boulevard
Sebastian, Florida 32958
Grantor: Clifford & Debra Schoonmaker
Grantee: George & Binnar Jutras
OR Book/Page: 3465/1259
Date of Sale: September 15, 2021
Sale Price: $575,000
Adjusted Sale Price: No adjustments made
Tax I.D.#: 12-31-38-00004-4920-00049.0, 50.0, 51.0, 53.0,
54.0, 55.0 & 56.0
Brief Legal Description: Lots 49 thru 56, Block492, Sebastian Highlands, Unit
#12, Indian River County, Florida.
Zoning: C-512
Highest and Best Use: Development with commercial use, as demand
warrants.
Site Size: Frontage: 335.70 feet Street: Sebastian Boulevard
Depth: 160 feet Size: 53,242 SF (1.22 Acres)
Unit Price: $10.80 / SF ($470,437/Acre)
Financing: Appears to be all cash to seller.
Confirmation: Public Records and Property Inspection.
Sale #1 consists of the September, 2021 purchase of (8) individual commercial lots located
along the south side of County Road 512, just west of Delaware Avenue, at 469 - 497
Sebastian Boulevard. The property is located adjacent to the west of a commercial building.
This sale consists of lots #49 thru #56, Block 492, Sebastian Highlands Unit #12. These lots
typically have around 40 feet of frontage and 160 feet of depth. The total site area is around
335.7 - feet by 160 feet, or a total of 53,242 square feet.
The site consists of the eight individual lots that are combined. The site topography includes
wooded areas along with a cleared area in the center portion the overall site. The site has
good frontage and adequate depth. These types of assembled commercial sites are rather
scarce, based on our observations.
194 of 562
LAND SALE #2
Type of Property: Commercial Land
Location: Northeast corner of Ashbury Boulevard and
Sebastian Boulevard, Sebastian, Florida 32958
Grantor: Nails Salon and Spa by Thu's, Inc.
Grantee: Tatiana Almada and Don Torelli
OR Book/Page: 3523/1552
Date of Sale: March 10, 2022
Sale Price: $115,000
Adjusted Sale Price: No adjustments made
Tax I.D.#: 06-31-39-00025-0000-00000.1
Brief Legal Description: Tract X, Ashbury, Indian River County, Florida.
Zoning: CG
Highest and Best Use: Development with commercial use, as demand
warrants.
Site Size: Frontage: Irregular Street: Sebastian Boulevard
Depth: Irregular Size: 35,719 SF (0.82 Acres)
Unit Price: $3.221 SF ($140,245/Acre)
Financing: Appears to be all cash to seller.
Confirmation: Public Records, MLS #240411, and Property Inspection.
Sale #2 consists of the March, 2022 purchase of the triangular shaped parcel adjacent to the
northeast corner of Sebastian Boulevard and Ashbury Boulevard. This commercial site is
indicated to contain a total of 35,719 ± square feet, or 0.82 acres in size. This property is
identified as Tract X, of Ashbury Subdivision. The site has approximately 250 + feet of
diagonal frontage along the north side of Sebastian Boulevard. The dimension along the east
side of Ashbury Boulevard is not indicated. The north property line is indicated to be 402.14
± feet in length.
This commercial site has frontage along both Sebastian Boulevard and Ashbury Boulevard.
There appears to be a curb cut for access from Ashbury Boulevard, which provides access to
gated Ashbury Subdivision from the west. The site is heavily wooded, assumed to be level
and suitable for commercial development. Reportedly this commercial site has utilization of
the drainage retention pond adjacent to this property, which is located within Ashbury
Subdivision.
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71
LAND SALE #3
Type of Property: Commercial Land
Address: 11450 U.S. Highway #1
Sebastian, Florida 32958
Grantor: Macy's Prize, LLC
Grantee: Wynne Building Corporation
OR Book/Page: 3639/2052
Date of Sale: July 19, 2023
Sale Price: $1,483,733
Adjusted Sale Price: No adjustments made
Tax I.D.#: 07-31-39-00000-1000-00007.1
Brief Legal Description: Metes & Bounds, Section 7, Township 31 South,
Range 39 East, Indian River County, Florida.
Zoning: CG
Highest and Best Use: Development with commercial use, as demand
warrants.
Site Size: Frontage: 570 feet Street: U.S. Highway #1
Depth: 395 feet Size: 196,020 SF (4.50 Acres)
Unit Price: $7.57 / SF ($329,718/Acre)
Financing: Appears to be all cash to seller.
Confirmation: MLS #263871, Public Records and Property Inspection. Also listing and selling
agent, Troy Westover.
Sale #3 consists of the very recent July, 2023 sale of the vacant commercial site located along
the east side of U.S. #1 extending to Indian River Drive, south of County Road 510. The site
is mostly cleared and appears level. The site has a good functional shape with 570 +- feet of
frontage along the two roadways and 395 +- feet of depth. The total site area is indicated at
approximately 196,020 square feet, or 4.50 +- acres.
This property was listed for sale for $1,850,000 and sold last month. No prior sales within the
previous 3 years. The listing agent was not privy to the purchaser's plans for the property,
thinking it may have been for purchase and hold.
198 of 562
73
Type of Property:
Address:
LAND SALE #4
Commercial Land
600 Schumann Drive
Sebastian, Florida 32958
Grantor: The Salt Creek Company
Grantee: Schumann Road Indian River, LLC
OR Book/Page: 3553/601
Date of Sale: June 27, 2022
Sale Price: $825,000
Adjusted Sale Price: No adjustments made
Tax I.D.#'s: 31-39-17-00002-4060-00001.0, 4.0 & 7.01
31-39-17-00002-0001-00000.0
Brief Legal Description: Lots 1 through 8 and TractA, Block 406, SEBASTIAN
HIGHLANDS UNIT 7, Indian River County, Florida.
Zoning: CG
Highest and Best Use: Development with commercial use, as demand
warrants.
Site Size: Frontage: Irregular Street: U.S. Highway #1
Depth: Irregular Size: 85,378 SF (1.96 Acres)
Unit Price: $9.66 / SF ($420,916/Acre)
Financing: Appears to be all cash to seller.
Confirmation: Prior appraisal, Public Records and Property Inspection. Also purchaser.
Sale #4 consists of the parcel at 600 Schumann Drive, adjacent to the northwest corner of
U.S. #1 and Schumann Drive in the City of Sebastian. This commercial parcel was acquired
by Schumann Road Indian River, LLC and contains an older medical office that is planned on
being demolished and removed. This site area has an irregular shape with around 380 +-feet
of frontage along the west side of U.S. #1 and approximately 500 +- feet along the north side
of Schumann Drive. Zoning is CG, Commercial General. The western portion of the site
fronting along the north side of Schumann Drive is being considered for an exchange with the
City of Sebastian for an irregular shaped parcel to the northeast.
This property was listed for sale for $875,000 and sold for $825,000. No prior sales within the
previous 3 years. The property was planned for the exchange to allow for the development
of a 7-11 service station and convenience store.
200 of 562
Type of Property:
Address:
75
LAND SALE #5
Industrial Acreage
2600 41" Street
Vero Beach, Florida 32967
Grantor: Indian River Business Park, Inc.
Grantee: VB Storage Development, LLC
OR Book/Page: 3576/1661
Date of Sale: October 11, 2022
Sale Price: $1,300,000
Adjusted Sale Price: No adjustments made
26-32-39-00000-3000-00045.1
Brief Legal Description: Long Legal, Northwest 1/4 of Section 26, Township
32 South, Range 39 East, Indian River County,
Florida.
Zoning: IL, Light Industrial
Land Use: C/I, Commercial/Industrial
Highest and Best Use: Development with heavy commercial/industrial use,
as demand warrants.
Site Size: Frontage: 575 feet Street: 41" Street
Depth: 488 feet Size: 314,068 SF (7.21 Acres)
Unit Price: $4.14 / SF ($180,305/Acre)
Financing: Appears to be all cash to seller.
Confirmation: Public Records and Listing Agent Kim Korte.
Sale #5 consists of the October, 2022 purchase of the light industrial acreage site located
along the north side of 41 s` Street, west of Old Dixie Highway, in Indian River County. The site
has a slightly irregular, but functional shape. It has 575 feet of frontage and 488 feet of depth
along the west property line. The rear north dimension is around 694 +- feet.
The site is vacant and located adjacent to the west of the Premier Millwork warehouse, as well
as the Indian River Motorhaus.
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77
LISTING #6
Type of Property: Commercial Land
Address: 200 & 203 Sebastian Boulevard
Location: Sebastian Boulevard and South Wimbrow Drive,
Sebastian, Florida 32958
Owner: William Brognano, etal
Date of Listing: Current
Asking Price: $890,000
Adjusted Sale Price: No adjustments made
Tax I. D.#: 07-31-39-00006-0000-00003.0 & 4.0
Brief Legal Description: Lots 3 & 4, Rohm Commercial Replat, Indian River
County, Florida.
Zoning: CG
Highest and Best Use: Development with commercial use, as demand
warrants.
Site Size: Frontage: Irregular Street: Sebastian Boulevard
Depth: Irregular Size: 100,188 SF (2.30 Acres)
Unit Price: $8.88 / SF ($386,957/Acre)
Financing: None indicated, assumed to be all cash to seller.
Confirmation: Listing Agent, Listing brochure and Property Inspection.
Listing #6 consists of the current listing of lots #3 and #4 in the commercial park adjacent to
the south of the subject property. This commercial park contains 4 lots with the other two lots
fronting directly along S. Wimbrow Drive and currently improved with a Sherwin Williams paint
store and an O'Reilly Auto Parts. These two lots are rear lots accessed by a road stub
between these two properties. The lots have irregular shapes that also include frontage along
Sebastian Boulevard, both eastbound and westbound if combined. The lots also have
additional site area encumbered with the drainage retention lake area.
The total upland usable site area is indicated at 100,188 +- square feet, or 2.30 +- acres. Tile
site area for the lake retention areas is approximately 21,780 +- square feet, or 0.50 +- acres.
We have analyzed this listing based on the usable upland site area. The site is mostly cleared
with the lake retention on the rear portion.
204 of 562
45839LISHEETS
DGfZPT
o}i
GRANTEE
DATE OF SALE
RECORDED-O.R. BOOKIPAGE
SITE DATA:
SITE: FRONTAGE
DEPTH
SIZE - SF
SIZE - ACRES
FRONTING ROADWAY
BRIEF LEGAL
ZONING
SALE PRICE - ADJUSTED
SALE PRICE PER SF
SALE PRICE PER ACRE
TIME (MARKET CONDITION) AD.
CURRENT ADJUSTED PRICE PE
CURRENT ADJUSTED PRICE PE
ADJUSTMENTS
LOCATION/ACCESS
SIZE
SHAPEIDEPTH
IMPROVEMENTSISITE FACTORS
LISTING ADJUSTMENT
NET ADJUSTMENT
ADJUSTED PRICE PER S,F.
ADJUSTED PRICE PER ACRE
LAND SALES SUMMARY AND ADJUSTMENT GRID
SUBJECT
SALE Al
SALE #2
SALE 03
SALE 04
SALE #5
LISTING #¢
CITY OF SEBASTIAN
CUFFORO & DEBRA
NAILS SALON & SPA
MACY'S PRIZE, LLC
THE SALT CREEK
INDIAN RIVER WILLIAM BROGNANO
SCHOONMAKER
BY THUS INC.
COMPANY BUSINESS PARK INC.
ETAL
SUBJECT
GEORGE & BINNUR
TATIANA ALMELDA &
WYNNE BUILDING
SCHUMANN ROAD
VB STORAGE
LISTING ONLY
JUTRAS
DON TORELLI
CORPORATION
INDIAN RIVER, LLC
DEVELOPMENT, LLC
AUGUST, 2023
Sep•21
Mar-22
Ju123
Jun-22
Ott-22
CURRENT
3465/1259
3523/1552
36392052
3553/601
3576/1681 LAMBERT COMMERCL
555
335
IRREGULAR
570
IRREGULAR
575
IRREGULAR
IRREGULAR
160
IRREGULAR
395
IRREGULAR
488
IRREGULAR
157,912
53,242
35,719
196,020
85,378
314,068
100.188
3.63
1.22
0.82
4.50
1.96
7.21
2.30
SEBASTIAN BLVD.
469497 SEBASTIAN
XXX ASHBURY BLVD
11450 U.S. #1
600 SCHUMANN DR.
2600 41ST STREET 200 & 203 SEBASTIAN
METES & BOUNDS LOTS 49. 56. BLK 492
TRACT X
METES & BOUNDS NW CORNER OF U.S. 1
METES & BOUNDS
BLVD., LOTS 1 & 2
6 & 7-3139
SES. HIGH #12
ASHBURY
7-31-39
& SCHUMANN
2632-39 ROHM COMMERCIAL
PS-CG/IN
C-512
CG
CG
CG
IL
CG
$575,000
$115,000
$1,483,733
$82S,000
$1,3D0,000
$880,000
$10.80
$3.22
$7.57
S9.68
$4.14
$8.88
$470,437
$140.245
$329.718
$420,916
S180,305
$388,957
18.00%
12.75%
O.DD%
10.5%
7.50%
12,75%
$1214
$3.63
$7.57
$10.68
$4.45
$10.02
S555,116
$168,126
S329,718
$485,113
$193,828
$436,293
-1D%
0%
-10%
-25%
25%
0%
-10%
-15%
D%
-10%
10%
3%
-15%
0%
-10%
0%
-10%
0%
0%
0%
0%
0%
0%
-10%
0%
0%
0%
0%
0%
-10%
35%
-15%
-20%
-35%
25%
-25%
$8.28
$3.09
$6.06
$6,94
$5.56
$7.51
$380,825
$134,407
$263,775
$302,323
$242,285
$327,220
CONCLUSION - S1,000,000 OR APPROXIMATELY $6.33/SF
EQUATES TO APPROXIMATELY S275,000 PER ACRE
Z
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D
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v
D
v
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81
Summary and Conclusion of Value
After adjustments, the five comparable land sales and one listing analyzed indicate the
following adjusted values per square foot for the subject property:
Adjusted Value
Sale # Per Square Foot Comments
1.
$ 8.28
469 - 497 Sebastian Boulevard
2.
$ 3.09
Ashbury - Low Sale?
3.
$ 6.06
11450 U.S. #1
4.
$ 6.94
600 Schumann Drive
5.
$ 5.56
2600 41 s' Street
6. (Listing)
$ 7.51
200 & 203 Sebastian Blvd.
Sales #1 and #2 are located in the subject immediate neighborhood and indicate adjusted
values at the upper and lower end of the range. Sale #3 is the most recent sale and is located
along U.S. #1, south of County Road 510. Sale #4 is located at the northwest corner of U.S.
#1 and Schumann Drive, in the southeastern portion of the City of Sebastian. These two sales
are both given the most consideration. Sale #5 is a larger industrial acreage site located north
of Vero Beach. Listing #6 is located adjacent to the south of the subject property.
The Market Value of the subject property is estimated below sale #1 and above sale #2. Sale
#5 is rated inferior with listing #6 providing a slightly higher adjusted value. The Market Value
of the subject property is estimated above sale #5 and below listing #6. Sales #3 and #4 are
given the most weight and indicate a range from around $6.06 to $6.94 per square foot. A
Market Value conclusion of $1,000,000 is made, which equates to approximately $6.33 per
square foot, or around $275,000 per acre.
Based on the data and analysis as presented in this appraisal report, it is our opinion that the
Market Value of the fee simple estate of the subject property appraised, "As Is," as of August
11, 2023 is.
ONE MILLION DOLLARS
($1,000,000)
208 of 562
82
MARKETING TIME
Marketing time consists of our opinion of the amount of time it might take to sell the subject
property at the concluded Market Value during the period immediately after the effective date
of the appraisal. Considering the subject property characteristics, along with the current real
estate market conditions, the subject property is forecast to have a marketing time of 6 to 18
months, concluded at 12 months, if priced similar to our Market Value conclusion.
REASONABLE EXPOSURE TIME
Reasonable exposure time is assumed to precede the effective date of the appraisal.
Exposure time, per USPAP, may be defined as follows: The estimated length of time the
property interest being appraised would have been offered on the market prior to the
hypothetical consummation of a sale at Market Value on the effective date of the appraisal;
a retrospective opinion based upon an analysis of past events assuming a competitive and
open market.
The reasonable exposure time estimate takes into consideration the price, time, and use, of
the property appraised. The reasonable exposure time for the subject property is also
projected at 12 months, assuming pricing similar to our Market Value conclusion.
209 of 562
83
CERTIFICATION OF APPRAISAL
The undersigned do hereby certify to the best of our knowledge and belief:
a) The statements of fact contained in this report are true and correct.
b) The reported analyses, opinions, and conclusions are limited only by the reported
assumptions and limiting conditions, are my personal, impartial, and unbiased
professional analyses, opinions, and conclusions.
c) We have no present or prospective interest in the property that is the subject of this
report, and no personal interest with respect to the parties involved.
d) We have no bias with respect to the property that is the subject of this report or to
the parties involved with this assignment.
e) Our engagement in this assignment was not contingent upon developing or
reporting predetermined results.
f) Our compensation for completing this assignment is not contingent upon the
development or reporting of a predetermined value or direction in value that favors
the cause of the client, the amount of the value opinion, the attainment of a
stipulated result, or the occurrence of a subsequent event directly related to the
intended use of this appraisal. The appraisal assignment was not made, nor was
the appraisal rendered on the basis of a requested minimum valuation, specific
valuation, or an amount which would result in approval of a loan.
g) Our analyses, opinions, and conclusions were developed, and this report has been
prepared in conformity with the Uniform Standards of Professional Appraisal
Practice.
h) This appraisal report has been made in conformity with and is subject to the
requirements of the Codes of Professional Ethics and Standards of Professional
Conduct of the Appraisal Institute.
i) That Daniel A. Nelson and Peter D. Armfield both made a personal inspection of
the property that is the subject of this appraisal report.
j) No one provided significant professional assistance to the person signing this
report.
k) Peter D. Armfield, #RZ524 and Daniel A. Nelson, #RZ897 are currently State of
Florida Certified General Real Estate Appraisers.
210 of 562
84
CERTIFICATION OF APPRAISAL (continued)
1) As of the date of this report, I, Peter D. Armfield, MAI, SRA, have completed the
requirements under the continuing education program of the Appraisal Institute.
m) The use of this report is subject to the requirements of the Appraisal Institute and
the State of Florida Real Estate Appraisal Board relating to review by its duly
authorized representatives.
n) We have not provided appraisal or other services on the subject property within the
3-year period immediately preceding acceptance of this appraisal assignment.
o) The Market Value of the fee simple estate of the subject property, "As Is," as of
August 11, 2023, is as follows:
ONE MILLION DOLLARS
($1,000,000)
The above Market Value conclusion has conditions and assumptions that are assumed to be
correct, as discussed in the appraisal report. It should be noted that if some or all of these
conditions or assumptions are not correct, it could affect our opinion of the Market Value, as
provided herein.
Daniel A. Nelson
State -Certified General
Real Estate Appraiser RZ897
Peter D. Armfield, MAI
State -Certified General
Real Estate Appraiser RZ524
211 of 562
85
QUALIFICATIONS OF THE APPRAISER
DANIEL A. NELSON
Bachelor of Business Administration in 1977 from Stetson University with a Degree in Accounting.
Appraisal Courses Successfully Completed
SREA Course 101 - Principals of Residential, 1978
SREA Course 201 - Principals of Income Property, 1979
American Institute of Real Estate Appraisers (AIREA)
Course 1 B-A - Capitalization Theory and Techn. Part A, 1985
Course 1 B-B - Capitalization Theory and Techn. Part B, 1985
Standards of Professional Practice, 1986
Case Studies in Real Estate Valuation, 1987
Valuation Analysis and Report Writing, 1987
Standards of Professional Appraisal Practices, Part A&B, 1992
Complete Review Seminar, 1993
2022 Continuing Education, 2022-2023 National USPAP Update Course for Non -Residential Real Property,
Florida Appraisal Laws & Regulations, Income Approach, Cost Approach.
2020 Continuing Education, 2020-2021 National USPAP Update Course for Non -Residential Real Property,
Florida Appraisal Laws & Regulations, Income Approach, Sales Comparison Approach, Appraisal of Small
Apartment Properties.
2018 Continuing Education, 2018-2019 National USPAP Update Course for Non -Residential Real Property,
Florida Appraisal Laws & Regulations, Appraisal of Small Apartment Properties, Appraisal of Fast Food
Facilities, Appraisal of Limited Service Hotels.
2016 Continuing Education, 2016-2017 National USPAP Update Course, Florida Appraisal Laws
& Regulations, Appraisal of Owner -Occupied Commercial Properties, Appraisal of Land Subject to
Ground Leases, Appraisal of Self -Storage Facilities.
Professional Membership & Affiliations
Registered Real Estate Broker -Salesperson, 1980, BK312098
State -Certified General Real Estate Appraiser, RZ897, 1991
Work Experience
Staff Appraiser, Armfield-Wagner Appraisal & Research, Inc., Vero Beach, Florida, 1982 to
Present, Staff Appraiser, Security Federal Savings and Loan, Vero Beach, Florida, 1977 to 1982.
Tvpes of Appraisals Completed
Vacant Land
Residential
Condominiums
Multiple Family Land
Multiple Family Improved
Commercial Land
Light Industrial Land
Offices
Retail Commercial
Restaurants
Shopping Centers
Subdivisions
Self -Storage Facilities
Motels/Hotels
Light Industrial
Warehouses
Airplane Hangars
Leased Property
Mobile Home Parks
Citrus Groves
Engaged in the valuation of Real Estate in Indian River, Brevard, and St. Lucie Counties since 1977.
212 of 562
86
QUALIFICATIONS OF THE APPRAISER
PETER D. ARMFIELD, MAI
Education
Graduate University of Florida
Master of Business Administration, 1972
Bachelor of Business Administration, 1970
Florida Resident Since 1953
Registered Real Estate Broker, Florida
Professional Memberships
Member Appraisal Institute (MAI) - Appraisal Institute
Senior Residential Appraiser (SRA) - Appraisal Institute
Realtor Member - Vero Beach Board of Realtors
State -Certified General Real Estate Appraiser, RZ524
Work Experience
1984 - Instructor of Appraisal Course for the Society of Real Estate Appraisers
1981 - President, Armfield-Wagner Appraisal & Research, Inc., Vero Beach, Florida
1979 - 1980 Staff Appraiser, Armfield, Sherman & Associates Real Estate Appraisers &
Consultants Vero Beach, Florida
1979 - 1982 Instructor of Appraisal and Real Estate Courses, Indian River Community College,
Ft. Pierce, Florida
1976 - 1978 Employed with John S. Sherman, Jr. as Staff Appraiser, Vero Beach, Florida
1976 - Real Estate Sales, Fayetteville, North Carolina
Engaged in the valuation of Real Estate in Indian River and St. Lucie Counties since December
1976.
Qualified as an expert witness for real property valuation in the Circuit Courts of St. Lucie County
and Indian River County, Florida.
213 of 562
87
QUALIFICATIONS OF THE APPRAISER
Peter D. Armfield
Page 2
Real Estate Appraisal Made for the Followinq:
City Federal Savings & Loan of Palm Beach
Savings of America
Florida Federal Savings & Loan
United Savings of America
Florida First National Bank of Vero Beach
SunTrust
Lomas & Nettleton
Ford Motor Credit
Merrill Lynch Relo.
Gulf & Western Corp.
City of Vero Beach
Indian River County
Gulf Oil Corporation
Exxon Corporation
St. Lucie County
Tvpes of Appraisals
Equitable Relocation
American Hospital Mgmt.Corp.
Attorneys and Individuals
Church of Latter Day Saints
Kentucky Life Insurance Co.
American Petrofina Corp.
Federal National Mortgage Assn.
FL Dept. of Natural Resources
Bank of America
Tropicana Corporation
Residences
Airplane Hangars
Warehouses
Commercial
Insurable Value
Leased Property
Offices
Vacant Land
Citrus Groves
Shopping Centers
Residential
Improved Pasture
Service Stations
Landlocked
Golf Courses
Light Industrial
Subdivision
Social Clubs
Condominiums
Commercial
Motels
Mobile Home Parks
Industrial
Citrus Packing Houses
Utility Easements
Wetlands
Apartments
Health & Rec. Clubs
(Including Low Income
Casualty Loss Estimates
Housing Involving
Partial Interests
Section 8; Tax Credit)
Articles
"Unusual Appraisal Assignments - Problems and Solutions," by Peter D. Armfield winning article in
the 1981 manuscript competition sponsored by the Society of Real Estate Appraisers Foundation;
published in the Real Estate Appraiser and Analyst - Spring 1982.
"Casualty Loss Valuation" by Peter D. Armfield, published in the Appraisal Journal of the American
Institute of Real Estate Appraisers, October 1982.
"Computers in Appraising - Strategies for Success" by Peter D. Armfield and Stephen Armfield,
winning article in the 1983 manuscript competition sponsored by the Society of Real Estate
Appraisers Foundation.
214 of 562
APPRAISAL LICENSES
Ron Mantis, Governor
Melanie S. Griffin, Secretary
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
FLORIDA REAL ESTATE APPRAISAL BD
LICENSE NUMBER: RZ897 EXPIRATION DATE NOVEMBER 30, 2024
THE CERTIFIED GENERAL APPRAISER HEREIN IS CERTIFIED UNDER THE
PROVISIONS OF CHAPTER 475, FLORIDA STATUTES
NELSON, DANIEL A
1940 10TH AVE f#C
VERO BEACH FL 32960
ISSUED:09/06nM Always verify licenses online at MvRoridaUcensecom
Do not after this document In any form.
This Is your license. It Is unlawful for anyone other than the licensee to use this document
--------------------------------------------------
Ron DeSantis, Governor Melanie S. Griffin, Secretary
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
FLORIDA REAL ESTATE APPRAISAL BD
LICENSE NUMBER: RZ524 EXPIRATION DATE: NOVEMBER 30, 2024
THE CERTIFIED GENERAL APPRAISER HEREIN IS CERTIFIED UNDER THE
PROVISIONS OF CHAPTER 475, FLORIDA STATUTES
ARMFIELD, PETER D0
194010TH AVE C
VERO BEACH FL 32960
a
ISSUED:09/19/2022 Always verify licenses online at MyRoridaUcense.com
Do not after this document In any form
This is your license. It is unlawful for anyone other than the licensee to use this document
88
215 of 562
SEBASTIAN CRA MAJOR THEMES
Throughout the formation of this 2023 Sebastian
CRA Master Plan, as well as during the public input
and workshop sessions, five overarching themes
were identified. These themes are to be used as a
planning framework for the Agency to help enhance
the character of the downtown and to embrace
opportunities that exist within the CRA. These major
themes include:
'h' INFRASTRUCTURE & DRAINAGE
0101 A Riverfront Drainage Study performed
rya in 2014 identified a list of stormwater
improvement areas within the Sebastian
CRA; these included drainage improvements to
Indian River, "Presidential Street", Coolidge Street,
Central Avenue/Davis Street, and the CavCorp
parking lot. These stormwater facility improvements
were completed in 2017 through the installation of
baffle boxes at major outfall locations. In addition,
the Agency continues plans to address other
infrastructure needs relative to septic -to -sewer
conversion within the redevelopment area.
The stormwater facilities and water/sewer utility
infrastructure may require upgrades within the CRA,
especially when anticipating new demand driven by
residential, commercial, and mixed -use development.
WATERFRONT, PARKS, & PUBLIC SPACES
Y The CRA closely identifies with its
r waterfront, occupying over 47% of its total
acreage. The Agency has prioritized
access and preservation of its waterfront, as it is
vital to the area's economic success. The CRA's
community continues to support these preservation
efforts, subsequently preserving and enhancing
the City's history as a fishing village, contribute
to the desired design theme, and make use of
the waterfront resource to maximize economic
development.
Open space enhancement projects along the water
and restoring waterfront properties for new uses
were contemplated within the 2010 Sebastian CRA
Master Plan and have been continued within this 2023
Sebastian CRA Master Plan.
In 2018, the consensus of community members and
key stakeholders was to focus on river views and
access, a waterfront pedestrian experience, and open
public spaces. Specifically, the "Working Waterfront"
initiative has been a high priority of the City and the
Agency to promote economic revitalization along the
Indian River coast. Subsequently, these efforts have
continued to bring activity and regeneration to the
Sebastian shoreline.
In addition, enhancing the existing Riverview Park is a
prime example of the potential for park revitalization
and economic activity in the surrounding vicinity. A
Riverview Park Master Plan was completed in 2019
to diversify its current uses and implement best
management practices moving forward. The Agency
seeks to generate more engagement with its open
space by creating connectivity between greenspaces
through implementation of a pedestrian pathway
system, greenway connectors, and bicycle paths
that may provide for future recreation enhancement
opportunities. The Agency also seeks to enhance its
recreational piers, waterfront boat ramp access, and
smaller opportunistic waterfront parks, especially
within the Park District.
ROADS, PARKING, & PEDESTRIAN
CONNECTIVITY IMPROVEMENTS
The CRA community's desire for road and
pedestrian connectivity improvements
along U.S. Highway 1 and Indian River Drive
were significant observations during the public
input sessions. The CRA is prioritizing pedestrian
connectivity and accessibility in order to link west
Sebastian to the waterfront by creating a more
pedestrian- and bicycle -friendly streetscape
environment and providing visual linkages
between the riverfront and U.S. Highway 1. These
improvements may include, but not be limited to,
boulevard landscaping including street trees and
sidewalks, widened sidewalks and curbed dedicated
bicycling space along Indian River Drive, flashing
pedestrian crosswalks across U.S, Highway 1 towards
the riverfront, and safer crosswalk areas along the
railroad tracks near the Sebastian Boulevard Triangle
Area.
In addition, the Land Development Code was
updated under Ordinance No. 0-10-05 in an effort.
to encourage public parking use in high -demand
low -supply areas. the "payment in lieu of parking"
program permits the use of City parking areas
adjacent to commercial property to satisfy zoning
requirements. The Agency envisions increasing public
parking in the CRA, and establishing on -street parking
and streetscapes adjacent to recreation areas.
PUBLIC SAFETY
y- Another observation from the community
during the public input session was the
desire to enhance public safety throughout
the CRA, ensuring that everyone can live and work in
a safe environment. In doing so, the Agency could
develop a comprehensive public safety initiative that
addresses public safety needs of the community.
1 52 1 2023 Sebastian CRA Sustarnobie Redevelopment Master Plan
216 of 562
Currently, the City Police Department consists of a
road patrol, canine, and marine unit divisions with
the main commitment to maintaining a safe and
peaceful environment for all residents and visitors
within the City. Additional ways the Agency may
increase public safety could include increased
lighting and safety measures in community spaces,
developing public health and prevention strategies,
and prioritizing youth development.
• PRESERVING THE COMMUNITY CHARACTER
• Promoting the community character as
"Old Florida Fishing Village" and the CRA as
a destination has been a major priority
within the CRA since adoption. In doing so, the Agency
has prioritized creating a unique brand through
signage, wayfinding, and advertising.
in addition, the CRA has prioritized enhancing
existing recreation land in the CRA through use of
appropriate urban design for parks and open spaces,
increasing pedestrian connectivity and walkways,
and preserving the character of the existing
neighborhoods through proper landscaping, lighting,
and signage. All of these practices have helped
define the Sebastian CRA's community character and
a coherent sense of place when visiting the CRA.
These five major themes have helped identify the
guiding principles, as well as the recommended
improvement and redevelopment programs within
the CRA, as detailed along the following pages.
Phow courtesy of costar
GLIDING PRINCIPLES
The principles identified below are derived
from public engagement, other plans, and
background data utilized. The analysis and
feedback suggest a variety of objectives that
are the essential elements of this 2023 Sebastian
CRA Master Plan structural framework.
ENCOURAGE
Residential and mixed -use development
within the Sebastian Blvd. Triangle
Overlay District.
= Retail uses adjacent to Riverview Park.
• Compatible infill development.
• Enhancement of the character of the
CRA with architecture that addresses the
community's "Old Florida Fishing Village"
scale and feel.
II. CREATE
• Gateway features at west end of
Sebastian Blvd, Triangle Overlay District
and on U.S. Highway 1
Visual linkages between the riverfront
and U.S. Highway 1.
• Improved bicycle and pedestrian
linkages to the riverfront and between
recreation lands.
Additional on-street/off-street parking.
• Pocket parks and wildlife observation
areas.
opportunities to facilitate development
of catalyst sites and other priorities
through property acquisition.
III. PRESERVE
• Protect and enhance uses and buildings
along and adjacent to one of the area's
most important assets: the Indian River
Lagoon.
• Important historic resources in the
redevelopment area, particularly
those that help to illustrate the area's
fishing heritage, as well as those that
meaningfully contribute to the "Old
Florida Fishing Village" character.
• Waterfront access and continued
riverfront activities.
IV PROMOTE
• Promote the redevelopment area as a
destination for shopping, dining, events,
and recreation.
Incentive, Grant, and Assistance
Programs available to property owners
and businesses within the CRA.
section 4 Redevelopment Plan 1 53
217 of 562
RECOMMENDED IMPROVEMENT &
REDEVELOPMENT ACTIVITIES AND PROGRAMS
WITHIN THE SEBASTIAN CRA
REDEVELOPMENT AND IMPROVEMENT ACTIVITY BY CONCEPTUAL PLANNING DISTRICT
Sebastian
U.S.-I
Sebastian
Park
Blvd.
Commercial
Riverf rant
Blvd.
Mixed -Use
South
Encourage
Residential + Mixed Use Development
X
X
X
X
Retail Uses adjacent to Riverview Park
X
Compatible Infill Development
X
X
X
X
X
"Old Florida Fishing Village" Character
X
X
X
X
Development of Catalyst Sites
X
X
X
X
Create
Renovations/Upgrades to Riverview Park
X
Gateway Features
X
X
X
On-Street/Off-Street Parking
X
X
X
Pocket Parks + Wildlife Observation Areas
X
X
X
Property Acquisition
X
X
X
X
X
Improvements to Recreational "Twin" Piers
X
X
Increased Pedestrian Connectivity
X
X
X
X
Streetscape Improvements + Vegetative
X
X
X
X
Landscaping
Preserve
Protect + Enhance Indian River Lagoon Frontage
X
X
Historic Resource Protection
X
X
X
X
X
Waterfront Access + Riverfront Activities
X
X
Preservation
Promote
Marketing of Redevelopment Area as Destination
X
X
X
X
X
Promote Incentive/Grant/Assistance Programs
X
X
X
X
X
Smxca SabasWn cwnmwveyRedevafopmenf Agency, OXCvmdfanrr� Inc.
REDEVELOPMENT PROGRAMS
FACADE, SIGN, AND LANDSCAPING MATCHING GRANT
PROGRAM - This program provides funds to assist
property owners and/or business owners to improve
and install new signage and/or landscaping.
SEPTIC TO SEWER CONNECTION GRANT (S2S) - This
program is designed to provide individual grants
to qualified property owners for costs incurred to
remove an operational septic tank system that serves
and occupied facility or building and connects to
the County sanitary sewer system, SSP is available
to businesses or residences located with the
Redevelopment Area currently utilizing septic systems
PARKING -IN -LIEU PROGRAM - This program provides
for establishing parking within the right-of-way at a
rate of $3,200 per space.
STORMWAT ER FEE CREDIT PROGRAM - All properties
within City, whether or not they discharge stormwater
directly into the Sebastian Stormwater Utility ("Utility")
system, will pay a proportionate share of the Utility
expenses incurred in providing generalized benefits
to the system. Property located within the City
from which stormwater runoff is discharged, either
directly or indirectly, may be eligible for a reduction
in the stormwater fee from the Utility. Single -Family
Residential lots are not eligible for this credit. The City
shall reasonably determine "fee credit" based upon
the savings to the Utility resulting from the property's
stormwater facilities ar unique features. stormwater
fee credits include: incorporation of LID/BMP
alternative practices such as vegetated swales and
buffers, permeable pavers, bioretention and biosweles.
1 54 1 2023 Sebastian CRA Sustainable Redevelopment Moster Plan
218 of 562
CONCEPTUAL PLANNING DISTRICTS' PRIORITIES
As a part of the 2023 Sebastian CRA Master Plan, major priorities have been identified for each of the CRA's
conceptual planning districts. These priorities are provided for the short-term (1-5 years) and the long-term (6-10
years), as illustrated below. These projects and associated time frames are consistent with the updated goals and
objectives within this 2023 Sebastian CRA Master Plan.
Sebastian
Paris Z� Piverfront
District Blvd. Mixed --Use District
District
I i . .
Implementation of Riverview
Park Master Plan Upgrades and
Renovations.
Restoration, as appropriate, of
important waterfront properties to
enhance their economic viability
and maintain and improve the
character of the CRA.
Streetscape improvements to
Indian River Drive.
Creation of riverfront event space.
Property acquisition to facilitate
Catalyst Site development and infill
development projects.
Create "local activity center"
surrounding the Riverview Park, to
include complementary retail uses,
connectivity to the riverfront, and
Streetscape improvements.
Restoration, as appropriate, of
important waterfront properties to
enhance their economic viability
and maintain and improve the
character of the CRA.
New sidewalk construction as
necessary to provide a continuous
sidewalk network.
SHORT-TERM PRIORITIES
Improvement of the Sebastian
Boulevard Triangle Area to provide
for mixed -use development,
connectivity to adjacent residential
communities, and streetscape
improvements.
Property acquisition to facilitate
Catalyst Site development and infill
development projects.
LONG-TERM PRIORITIES
New sidewalk construction as
necessary to provide a continuous
sidewalk network.
Modification of lake to create park/
open space feature.
U.S.-Il
Commercial
District
Installation of gateway treatments
at entrances to the CRA along U.S.
Highway 1.
Property acquisition to facilitate
Catalyst Site development and infill
commercial development.
New sidewalk construction as
necessary to provide a continuous
sidewalk network.
Enhancement of the U.S. Highway 1
streetscope to provide for greater
pedestrian and bicycle usability, as
well as the installation of mature
landscaping and trees.
Property acquisition to facilitate
infill commercial development.
SHORT-TERM PRIORITIES
Restoration, as appropriate, of
important waterfront properties to
enhance their economic viability
and maintain and improve the
character of the CRA.
Streetscape improvements to
Indian River Drive.
Property acquisition to facilitate
Catalyst Site development and infill
development projects.
LONG-TERM PRIORITIES
Restoration, as appropriate, of
important waterfront properties to
enhance their economic viability
and maintain and improve the
character of the CRA.
New sidewalk construction as
necessary to provide a continuous
sidewalk network.
Sebastian
Blvd. South
District
Installation of gateway treatments
at entrances to the CRA along
Sebastian Boulevard.
New sidewalk construction as
necessary to provide a continuous
sidewalk network.
Property acquisition to facilitate
infill development projects.
Section Q Redevelopment P Enna 1 55 i
219 of 562
c�ECRY OF
.7' "
HOME OF PELICAN ISLAND
CITY COUNCIL AGENDA TRANSMITTAL FORM
COUNCIL MEETING DATE: September 27, 2023
AGENDA ITEM TITLE: Resolution R-23-24 Adopting a Final Millage of 3.1955 for
Calendar Year 2023.
RECOMMENDATION: Approval of Resolution R-23-24 Adopting a Final Millage of
3.1955, which is 21.62% above the computed "Rolled -Back
Rate".
BACKGROUND:
In accordance with Florida Statute 200.065 (7)(a)(1.), the City Council is required to tentatively adopt a
millage rate for calendar year 2023 and budget year beginning October 1, 2023 and ending September 30,
2024 at the final public hearing in which the budget is presented. In July, the City Council approved a
Proposed Millage of 3.1955 for purposes of the Trim Notices. At the meeting of August 23, 2023, the
Recommended Budget was presented and then on September 18, 2023 the City Council adopted the
Tentative Millage of 3.1955,
Staff is recommending adoption of a Final Millage of 3.1955 and will be presenting a brief power point at
this meeting for the benefit of the public. The required public hearing and adoption of the final millage
and budget is scheduled for the regular City Council meeting on September 27, 2023.
ATTACHMENTS:
Resolution R-23-24
Recommended Budget and Capital Improvements Program is on the City Website.
IF AGENDA ITEM REOUIRES EXPENDITURE OF FUNDS:
Total Cost: NIA
Fund to Be Utilized for Appropriation: NIA
Administrative Services Departm nt Review:.
City Attorney Review: ��tiC/�-i Y
Procurement Division Revi , rfapplicable:
r
City Manag r Authorization:
Date: g7!
224 of 562
RESOLUTION NO. R-23-24
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, ADOPTING A FINAL MILLAGE OF 3.1955
MILLS FOR THE CALENDAR YEAR 2023; PROVIDING FOR
CONFLICT; PROVIDING FOR SCRIVENER'S ERRORS; AND
PROVIDING FOR AN EFFECTIVE DATE.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
Section 1. MILLAGE RATE LEVY. There is hereby proposed to levy an Ad
Valorem Tax of THREE POINT ONE, NINE, FIVE, FIVE (3.1955) MILLS against all real and
tangible personal property for the calendar year (January 1, 2023 through December 31, 2023)
and the resulting tax revenue is to be appropriated for the General Operating Fund of the City of
Sebastian for the fiscal year beginning October, 1, 2023 and ending September 30, 2024.
Section 2. ROLLED -BACK RATE. The tax rate established in Section 1 is
21.62% higher than the computed "rolled -back" tax rate of 2.6275 mills.
Section 3. CONFLICT. All resolutions or parts of resolutions in conflict herewith
are hereby repealed.
Section 4. SCRIVENER'S ERRORS. Sections of this resolution may be
renumbered or re -lettered and corrections of typographical errors which do not affect the intent
may be authorized by the City Manager, or the City Manager's designee, without need of further
action of City Council by filing a corrected copy of same with the City Clerk.
Section 5. 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 Fred Jones
Vice -Mayor Christopher Nunn
Councilmember Ed Dodd
Councilmember Bob McPartlan
Councilmember Kelly Dixon
The Mayor thereupon declared this Resolution duly passed and adopted this 271' day of
September 2023.
ATTEST:
Jeanette Williams, City Clerk
CITY OF SEBASTIAN, FLORIDA
Fred Jones, Mayor
Approved as to form and legality for the
reliance by the City of Sebastian only:
Jennifer Cockcroft, City Attorney
225 of 562
CITY OF
5E
HOME OF PELICAN ISLAND
CITY COUNCIL AGENDA TRANSMITTAL FORM
COUNCIL MEETING DATE: September 27, 2023
AGENDA ITEM TITLE: Consider Resolution No. R-23-25 Adopting a Final Budget for the Fiscal
Year 2023-2024
RECOMMENDATION: Approval of Resolution No. R-23-25
BACKGROUND: In accordance with Florida Statute 200.065, the City Council approved a Tentative
Budget for the Fiscal Year 2023-2024 on September 18, 2023 at a public hearing. The FY 2023-24 General
Fund Budget assumes a millage of 3.1955, which is 21.62% higher than the rolled -back rate of 2.6275 but
10.00% higher than last year's 2.9050. This had been adopted as the Proposed Millage and was also approved
as the Tentative Millage at the first public hearing on September 18, 2023.
A complete copy of the Recommended Budget is available on the City's website. Schedule "A" of the
Resolution summarizes the Budget. Staff will be presenting a brief power point at this meeting for the benefit of
the public. Staff recommends and is seeking approval of the Resolution and the final budget amounts shown on
Schedule "A".
IF AGENDA ITEM REOUIRES EXPENDITURE OF FUNDS:
Total Cost: NIA
Fund to Be Utilized for Appropriation: N/A
ATTACHMENTS:
Resolution R-23-25 with Schedule "A"
Administrative Services Department Review: l
City Attorney Review:
Procurement Division R Vic
, if applicable: N ��
City Manager Authorization:
Date: j1A 1 ;O A3
226 of 562
RESOLUTION NO. R-23-25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA
ADOPTING THE BUDGET FOR THE FISCAL YEAR
BEGINNING OCTOBER 1, 2023 AND ENDING SEPTEMBER
30, 2024; MAKING APPROPRIATIONS FOR THE PAYMENT
OF OPERATING EXPENSES, CAPITAL EXPENSES, AND
FOR THE PRINCIPAL AND INTEREST PAYMENTS ON
THE INDEBTEDNESS OF THE CITY IN THE CITY'S
GENERAL FUND, SPECIAL REVENUE FUNDS, CAPITAL
IMPROVEMENT FUNDS, GOLF COURSE FUND, AIRPORT
FUND, AND BUILDING FUND AS PROVIDED FOR IN
SCHEDULE "A", ATTACHED HERETO; ESTABLISHING
AUTHORITY OF THE CITY MANAGER TO IMPLEMENT
THE BUDGET; PROVIDING FOR CONFLICTS;
PROVIDING FOR SCRIVENER'S ERRORS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Manager has submitted a Proposed Budget for the City of Sebastian for the
fiscal year beginning October 1, 2023, and ending September 30, 2024; and
WHEREAS, on September 18, 2023, the City Council conducted Public Hearings on the Proposed
Budget and Adopted the Tentative Budget.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, THAT:
Section 1. RECITALS. The above recitals contained above in the Whereas clauses are hereby
adopted and true and correct and determined to be the legislative findings of the City Council of the
City of Sebastian.
Section 2. BUDGET ADOPTION. The City Manager's Proposed Final Budget is hereby
adopted for the Fiscal Year beginning October 1, 2023 and ending September 30, 2024.
Section 3. APPROPRIATION. The amounts shown on the attached Schedule "A" are hereby
appropriated out of the Treasury of the City, including any revenues accruing to the City available for
purposes of the City's budgetary accounts.
Section 4. AUTHORIZATION. The City Manager is hereby authorized and directed to proceed
with the implementation of the service programs and projects provided for in the budget. Such
implementation is to be consistent with the provisions of the City Code of Ordinances and policies
established by the City Council.
Section 5. ADJUSTMENTS. The City Manager is authorized to make budget adjustments within
budgetary accounts, as he deems appropriate. He is further authorized to make budget adjustments
between budgetary accounts when necessary to implement programs, projects, and expenditures
227 of 562
authorized by the City Council. All other budgetary adjustments will require approval by the City
Council.
Section 7. CONFLICTS. All Resolutions or parts of Resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
Section 8. SCRIVENER'S ERRORS. Sections of this Resolution may be renumbered or re -
lettered and corrections of typographical errors which do not affect the intent may be authorized by the
City Manager, or the City Manager's designee, without need of further action of City Council by filing
a corrected copy of same with the City Clerk.
Section 9. EFFECTIVE DATE. This Resolution shall become effective October 1, 2023.
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 Fred Jones
Vice -Mayor Christopher Nunn
Councilmember Ed Dodd
Councilmember bob McPartlan
Councilmember Kelly Dixon
The Mayor thereupon declared this Resolution duly passed and adopted on this the 27 h day of
September, 2023.
ATTEST:
Jeanette Williams, City Clerk
CITY OF SEBASTIAN, FLORIDA
Fred Jones, Mayor
Approved as to form and legality for the reliance
by the City of Sebastian only:
Jennifer Cockcroft, City Attorney
228 of 562
ATTACHMENT TO RESOLUTION R-23-25
SCHEDULE "A"
BUDGET SUMMARY
FISCAL YEAR 2023/2024
GENERAL FUND
REVENUES:
001501
Taxes and franchise fees
S
11,934,118
001501
Licenses and permits
184,400
001501
Intergovernmental
4,076,638
001501
Charges for services
834,439
001501
Fines and forfeits
67,050
001501
Miscellaneous
417,000
001501
Transfers in
80,000
Total Revenues
$
17,593,645
EXPENDITURES:
010001
City Council
$
75,895
010005
City Manager
342,675
010009
City Clerk
358,215
010010
City Attorney
252,880
010020
Finance
735,002
010021
Management Information System
678,425
010035
Human Resources
288,670
010041
Police Administration
972,765
010043
Police Operations
4,497,855
010047
Police Detective Division
1,516,215
010049
Police Dispatch Unit
863,515
010045
Code Enforcement Division
220,385
010052
Roads and Maintenance
1,493,815
010054
Fleet Management
324,175
010056
Facilities Maintenance
805,315
010059
Cemetery
190,375
010057
Leisure Services
1,421,860
010080
Community Development
803,365
010099
Non -departmental
1,696,774
Unappropriated
55,469
Total Expenditures
$
17,593,645
1 229 of 562
ATTACHMENT TO RESOLUTION R-23-25
SCHEDULE "A"
BUDGET SUMMARY
FISCAL YEAR 2023/2024
SPECIAL REVENUE FUNDS:
LOCAL OPTION GAS TAX FUND
120010
REVENUES
Taxes
$
763,830
Miscellaneous
18,651
Total Revenues
$
782,481
120051
EXPENDITURES
Operating
$
5,901
Debt service
-
Transfers out
533,423
Unappropriated
243,157
Total Expenditures
$
782,481
DISCRETIONARY SALES TAX FUND
130010
REVENUES
Taxes
$
5,120,145
Miscellaneous
32,859
Total Revenues
$
5,153,004
130051
EXPENDITURES
Transfers out
$
4,491,235
Unappropriated
661,769
Total Expenditures
$
5,153,004
RECREATION IMPACT FEE FUND
160010
REVENUES
Impact fee
$
179,400
Miscellaneous
18,903
Restricted cash balance carryforward
171,697
Total Revenues
$
370,000
160051
EXPENDITURES
Transfers out
$
370,000
Total Expenditures
$
370,000
STORMWATER UTILITY FUND
163010
REVENUES
Stormwater utility fee
$
1,926,000
Miscellaneous
40,583
Restricted cash balance carryforward
419,749
Total Revenues
$
2,386,332
163051
EXPENDITURES
Operating
$
2,211,332
Capital Outlay
10,000
Transfers out
165,000
Total Expenditures
$
2,386,332
2 230 of 562
ATTACHMENT TO RESOLUTION R-23-25
SCHEDULE"A"
BUDGET SUMMARY
FISCAL YEAR 2023/2024
SPECIAL REVENUE FUNDS - CONTINUED:
PARKING IN -LIEU -OF FEE FUND
190010
REVENUES
Miscellaneous
$
4,315
Total Revenues
$
4,315
190051
EXPENDITURES
Unappropriated
4,315
Total Expenditures
$
4,315
LAW ENFORCEMENT FORFEITURE FUND
190010
REVENUES
Fines and forfeits
$
150
Miscellaneous
1,150
Total Revenues
$
1,300
190051
EXPENDITURES
Unappropriated
$
1,300
Total Expenditures
$
1,300
COMMUNITY REDEVELOPMENT AGENCY FUND
163010
REVENUES
Tax Increment - Sebastian
$
223,569
Tax Increment - Indian River County
248,196
Miscellaneous
28,450
Total Revenues
$
500,215
163051
EXPENDITURES
Operating
$
311,370
Transfers out
60,000
Unappropriated
128,845
Total Expenditures
$
500,215
CAPITAL PROJECTS FUNDS:
REVENUES
Transfers from Other Funds
$
5,649,658
Grants
12,188,152
Total Revenues
$
17,837,810
EXPENDITURES
Transportation
$
4,008,481
Recreation
280,000
Physical Environment
12,392,000
Public Safety
769,982
General Government
387,347
Total Expenditures
$
17,837,810
3 231 of 562
ATTACHMENT TO RESOLUTION R-23-25
SCHEDULE "A"
BUDGET SUMMARY
FISCAL YEAR 2023/2024
ENTERPRISE FUNDS:
GOLF COURSE FUND
410010 REVENUES:
Charges for services
Total Revenues
EXPENSES:
GOLF COURSE ADMINISTRATION
410110 Personal services
Operating expenses
Capital Outlay
Repayment of Interfund Loans
Unappropriated
Total Administration
GOLF COURSE GREEN DIVISION
410120 Operating expenses
Capital Outlay
Total Golf Course Green Division
GOLF COURSE CARTS DIVISION
410130 Personal services
Operating expenses
Total Golf Course Carts Division
Total Golf Course Expenses
$ 1,938,445
$ 1,938,445
$ 341,635
471,809
42,300
117,398
8,934
$ 982,076
$ 708,515
50,000
$ 758,515
$ 167,160
30,694
$ 197,854
$ 1,938,445
4 232 of 562
ATTACHMENT TO RESOLUTION R-23-25
SCHEDULE "A"
BUDGET SUMMARY
FISCAL YEAR 2023/2024
ENTERPRISE FUNDS - CONTINUED:
AIRPORT FUND
450010 REVENUES
Charges for services
$
723,940
Miscellaneous revenues
34,630
Restricted cash balance carryforward
92,813
Total Revenues
$
851,383
450110 EXPENSES:
Personal services
$
206,415
Operating expenses
491,468
Debt service
38,500
Capital Outlay
115,000
Total Expenses
$
851,383
BUILDING DEPARTMENT
480010 REVENUES
Charges for services
$
1,072,150
Miscellaneous revenues
77,398
Restricted cash balance carryforward
227,111
Total Revenues
$
1,376,659
480110 EXPENSES:
Personal services
$
1,104,265
Operating expenses
242,394
Capital
30,000
Total Expenses
$
1,376,659
TOTAL BUDGET SUMMARY
GENERAL FUND $ 17,593,645
SPECIAL REVENUE FUNDS 9,197,647
CAPITAL PROJECT FUNDS 17,837,810
ENTERPRISE FUNDS 4,166,487
TOTAL BUDGET FOR ALL FUNDS $ 48,795,589
5 233 of 562
C11YOF
!R;0�
HOME OF PELICAN ISLAND
CITY COUNCIL AGENDA TRANSMITTAL FORM
COUNCIL MEETING DATE: September 27, 2023
AGENDA ITEM TITLE: Resolution R-23-26 Adopting Financial Policies for Fiscal Year 2023-2024
RECOMMENDATION: Approval of Resolution R-23-26
BACKGROUND:
Pursuant to City of Sebastian Resolution 06-20, the City's financial policies shall be readopted annually. These
Policies incorporate relevant statutory requirements and authoritative guidance provided for sound and
responsible governmental financial management. They are incorporated into the City's Annual Budget documents
and provide a ready reference as to how significant financial matters are addressed. It is important to have these
Policies documented, as they provide evidence to interested parties that we have standards for maintaining
excellent financial management of our affairs.
A number of adjustments were made to clarify some statements and to update some of the dollar amounts
specified. Otherwise, there are no significant modifications of the policies we have adopted and adhered to over
the past several years. The Policies as stated are deemed adequate to provide the necessary guidance.
ATTACHMENTS:
Resolution R-23-26, including Attachment "A".
IF AGENDA ITEM REOUIRES EXPENDITURE OF FUNDS:
Total Cost: NIA
Fund to Be Utilized for Appropriation: NIA
Administrative Services Depa ment Review: �lJ
City Attorney Review
Procurement Division Review, if applicable:��
City Manager Authorization:
Date: !lz I /,Zaa3
0
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CITY OF SEBASTIAN
RESOLUTION NO. R-23-26
A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY,
FLORIDA, ADOPTING FINANCIAL POLICIES GOVERNING VARIOUS AREAS
OF BUDGET AND FINANCE AS PROVIDED FOR IN ATTACHMENT "A";
PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Government Finance Officers Association ("GFOA") of the United States and
Canada recommends best practices in various areas for finance and budgeting; and
WHEREAS, the City Council of the City of Sebastian deems it to be necessary to adopt and
readopt such financial policies on an annual basis.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, FLORIDA, AS FOLLOWS:
SECTION 1. RECITALS. The Recitals contained above in the Whereas clauses are hereby
adopted as true and correct and determined to be the legislative findings of the City Council of the City
of Sebastian.
SECTION 2. AMENDING FINANCIAL POLICIES. The City Council of the City of
Sebastian hereby adopts the Financial Policies attached hereto as Attachment "A" governing the
Operating Budget, Revenue, Performance Measurement, Investment, Capital Improvement Plan, Debt
Management, Fund Balance and Use of Surplus Funds.
SECTION 3. CONFLICT. All Resolutions or parts of Resolutions in conflict herewith are
hereby repealed.
SECTION 4. SCRIVENER'S ERRORS. Sections of this Resolution may be renumbered or
re -lettered and corrections of typographical errors which do not affect the intent may be authorized by
the City Manager, or the City Manager's designee, without need of further action of City Council by
filing a corrected copy of same with the City Clerk.
SECTION 5. This Resolution shall take effect upon adoption.
The foregoing Resolution was moved for adoption by Council Member
Motion was seconded by Council Member and, upon being put to a vote, the vote
was as follows:
Mayor Fred Jones
Vice -Mayor Christopher Nunn
Councilmember Ed Dodd
Councilmember Bob McPartlan
Councilmember Kelly Dixon
The Mayor thereupon declared this Resolution duly passed and adopted this 27' day of September,
2023.
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ATTEST:
Jeanette Williams, City Clerk
CITY OF SEBASTIAN, FLORIDA
By:
Fred Jones, Mayor
Approved as to Form and Legality for
Reliance by the City of Sebastian Only:
By:
Jennifer Cockcroft, City Attorney
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City of Sebastian's financial policies set forth the basic framework for overall fiscal planning and management
and set forth guidelines for both current activities and long-range planning. These policies are reviewed
annually to assure the highest standards of fiscal management and were formally adopted by the City Council at
a public meeting on September 27, 2023. The City Manager and the Management Team has the primary role of
reviewing financial actions and providing guidance on financial issues to the City Council.
I. Overall Goals
The overall financial goals underlying these policies are:
1. Fiscal Conservatism: To ensure the city is in a solid financial condition at all times. This can be defined as:
A. Cash Solvency — the ability to pay bills
B. Budgetary Solvency —the ability to balance the budget
C. Long Term Solvency — the ability to pay future costs
D. Service Level Solvency — the ability to provide needed and desired services
2. Flexibility: To ensure that the city is in a position to respond to changes in the economy or new service
challenges without an undue amount of financial stress.
3. Compliance with All Statutory Requirements: As set forth by the State of Florida and the City ordinances.
4. Adherence to the highest Accounting and Management Practices: As set by the Government Finance
Officers' Association standards for financial reporting and budgeting, the Government Accounting
Standards Board and other professional standards.
II.Operating Budget Policies
The City Finance Department, with support and general direction from the City Manager, coordinates the
budget process. The formal budgeting process begins in February and ends in September and provides the
primary mechanism by which key decisions are made regarding the levels and types of services to be provided,
given the anticipated level of available resources. Revenues and expenditures are projected on the basis of
information provided by City departments, outside agencies, current rate structures, historical data and
statistical trends.
A. Budget Process
The development of the budget is guided by the following budget policies:
1. A budget calendar will be designed each year to provide a framework within which the interactions
necessary to formulate a sound budget could occur and ensure that the City complies with State legal
mandates.
2. The budget must be balanced for all funds. Total revenues and other available funds must equal total
estimated expenditures for each fund (Section 166.241 Florida Statutes requires all budgets to be balanced).
3. All operating funds are subject to the annual budget process and reflected in the budget document.
4. The enterprise operations of the City are intended to be self-supporting, i.e., current revenues are hoped to
cover current expenditures, including debt service.
5. An administrative service fee will be paid to the General Fund by the Stormwater Fund and each Enterprise
Fund. This assessment is calculated based upon a percentage (ratio of both the number of full-time equivalent
employees of the enterprise fund to the total number of full-time equivalent employees of the City and ratio of
the operating budget of the enterprise funds to the total operating budget of the City) of total budgeted General
Fund administration expenditures (includes City Council, City Manager, City Attorney, City Clerk,
Administrative Services, Management information Systems, Community Development and Facilities
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Maintenance). A Management Charge -Back is also assessed by the General Fund against the Community
Redevelopment Agency (CRA) Fund of the City. This Charge -Back is based on 50% of the pay and benefits of
the Community Development Director/CRA Manager and corresponds with the amount of time devoted to
administrative support for the CRA. The Stormwater Fund is assessed for 45% of the pay and benefits of the
City Engineer, 25% for the Administrative Assistant and 50% of the GIS Technician.
6. Pursuant to Ordinance 05-16, stormwater utility fees can be used to fund stormwater operations, as well as
capital improvements. Stonnwater operations were previously accounted for in General Fund and partially
reimbursed with transfers from the Stormwater Fund. Since FY 2019, stormwater operating expenditures are
directly accounted for within the Stormwater Fund to better disclose how the fees are being used.
7. In no event will the City of Sebastian levy ad valorem taxes against real property and tangible personal
property in excess of 10 mills, except for voted levies (Section 200.081 of Florida Statutes places this millage
limitation on all Florida municipalities.)
8. The City will budget 96 percent of anticipated gross ad valorem proceeds to provide an allowance for
discounts for early payment of taxes (Section 200.065 of Florida Statutes states that each taxing authority shall
utilize not less than 95 percent of the taxable value.)
9. Employees covered by the Public Employee Labor Agreement for non-exempt workers will have 9% of
their wages contributed to a pension plan offered by the Communication Workers of America. For Police
Officers, the locally administered defined benefit pension plan for police officers will be funded in accordance
with the required annual contribution calculated by an independent actuary but no less than 14.6% of the
covered payroll. All other employees will have 9% of their wages contributed to a deferred compensation
retirement program sponsored by the International City Management Association.
10. The City will coordinate development of the capital improvement budget with the development of the
annual operating budget. Each item included in the capital improvement budget is reviewed for its impact on
the operating budget. "The review quantifies four main factors, which are maintenance costs, improved
efficiency, reduction in liability exposure and savings from taking replaced items out of service. Other
considerations include the expectation of generating additional revenue, changes in personnel requirements and
consistency with the City's Comprehensive Plan.
B. Basis of Budgeting
'The basis of budgeting for governmental funds (General, Special Revenue, Debt Service Funds, and Capital
Project funds) shall be prepared on a modified accrual basis of accounting. This means unpaid financial
obligations, such as outstanding purchase orders, are immediately reflected as encumbrances when the cost is
estimated, although the items may not have been received. However, in most cases revenue is recognized only
after it is measurable and actually available.
The budgets for the proprietary funds — Golf Course, Airport and Building Department — are prepared using the
accrual basis of accounting. Proprietary funds also recognize expenses as encumbered when a commitment is
made (e.g., through a purchase order). Revenues, on the other hand, arc recognized when obligated to the City.
Purchase orders for goods and services received prior to the end of the current fiscal year will be eligible for
payment immediately following the close of the fiscal year. Encumbrances for all other purchases, excluding
the capital projects funds purchases, will automatically lapse at the close of the fiscal year.
The Annual Comprehensive Financial Report (ACFR) presents the status of the City's finances on the basis of
Generally Accepted Accounting Principles (GAAP). Since FY 2001, the CA.FR has been prepared in
compliance with Governmental Accounting Standards Board (GASB) Statement 34 requirements. The CAFR
shows fund expenditures and revenues on both a GAAP basis and budget basis for comparison purposes. In
most cases, this conforms to the way the City prepares its budget with. the following exceptions:
1. Any principal payments on long-term debt within the enterprise funds are applied to the outstanding
liability on a GAAP basis as opposed to being expended when paid on a budget basis.
2. Capital outlay within the proprietary funds are recorded as assets on a GAAP basis and expended on a
budget basis.
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3. Depreciation expense is not budgeted.
4. Inventory is expensed at the time it is used.
5. Compensated absences liabilities that are expected to be liquidated with expendable available financial
resources are accrued as earned by employees on a GAAP basis as opposed to being expended when
paid on a budget basis.
C. Guidelines
The Annual Comprehensive Financial Report (ACFR) presents the status of the City's finances on a basis
consistent with Generally Accepted Accounting Principles (GAAP). Therefore, a statement of net assets and a
statement of activities are presented for total governmental funds and total proprietary funds on an accrual basis
of accounting. Additional statements then identify major governmental funds and individual proprietary funds,
with the modified accrual basis of accounting used for governmental funds and accrual basis of accounting used
for the proprietary and trust funds. In order to provide a meaningful comparison of actual results to the final
budget, the ACFR presents the City's operations on a GAAP basis with a reconciliation to presentations of fund
revenue and expenditures on a budget basis for the General, Special Revenue, and Debt Service funds.
Current revenues shall be sufficient to support current expenditures. The Finance Department will monitor each
fund and make timely budgetary recommendations and adjustments to be sure no expenditures are in excess of
appropriations at fiscal year end, which is not permitted under Florida State Statutes. The budget process and
format shall be performance based and focus on goals, objectives, programs, and performance indicators. The
budget will provide adequate funding for maintenance and replacement of capital plant and equipment.
D. Budget Amendment
1. Only City Council may approve changes to total fund appropriations and use of contingency
appropriations.
2. Shifts in appropriations within fund totals may be done administratively on the authority of the City
Manager. In most cases the City Manager will request City Council's approval, since any significant
item prompting the change will usually go to the City Council (e.g., award of contract, additions to
staff, contract change order). Procedures for transfers between appropriations and delegation of budget
responsibility will be set by the City Manager.
3. A Budgetary Control System will be maintained to ensure compliance with the budget. Monthly
operating statements are provided to all Department Heads and Quarterly budget status reports will be
provided to the Citizen's Budget Review Board and the City Council comparing actual versus budgeted
revenue and expense activity for all budgeted funds.
E. Planning
The City will annually prepare and distribute to departments and the City Council a Five -Year Forecast for the
period beyond the next fiscal year. The forecast will include estimated revenues, operating costs and future
capital improvements included in the capital improvement plan, as well as projected fund balances.
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III. Revenue Policies
A. Revenue Projections
The City shall estimate its annual revenues by objective and analytical processes. The City shall maintain a
diversified and stable revenue system to the extent provided by law to insulate it from short-term fluctuations in
any one revenue source.
B. User Fees
The City shall recalculate on an annual basis the full cost of selected activities currently supported by user fees
and charges to identify the impact of inflation and other cost increases. To the extent possible, the City shall set
fees and user charges for the Golf Course, Airport and Building Enterprise Funds with the intent to have them
fully support the total direct and indirect costs of their respective operations, including any debt service and
depreciation.
IV. Performance Measurement Policies
A. Establishing Performance Requirements
Annually, each department shall develop departmental performance measures that correspond with the
department programs and file them with the City Manager's Office. Goals should be related to core services of
the department and should reflect stakeholder needs. The measures should be of a mix of different types,
including effectiveness, efficiency, demand and workload. Measures should have sufficiently aggressive
"stretch" goals to ensure continuous improvement.
Workload — Measures the quantity of activity for a department (e.g., number of calls responded to).
Demand — Measures the amount of service opportunities (e.g.. total number of calls).
Efficiency — Measures the relationship between output and service cost (e.g., average cost of the response to
a service call).
Effectiveness — Measures the impact of an activity (e.g., percent of people who feel safe).
Department Directors shall establish performance measures for each program within their department. These
must be linked to the department wide goals and objectives being supported. Systematic and cost effective
methodologies must also be developed to monitor and project the established performance measures.
Supervisors shall insure that fair, objective and aggressive performance measures are identified for each
employee or work group that directly supports program goals and objectives and that an evaluation of the
success in accomplishing departmental measures are part of the employee's annual performance review.
B. Reporting Performance
Quarterly summaries of progress on goals and objectives and departmental performance measures will be
provided to the Finance Director for publishing in the City Council's Quarterly Budget to Actual Report.
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V. Investment Policies
A. Investment Management
The City Finance Department shall perform a cash flow analysis of all funds on a regular basis. Disbursement,
collection, and deposit of all funds will be scheduled to insure optimum cash availability. When permitted by
law, the City shall pool cash from each respective fund for investment purposes. The Finance Director, as the
City's Chief Financial Officer, shall select and manage all City investments. Investments shall always be made
with the priority focused on achieving safety, liquidity and optimal return of the investments, in that order.
Further detail on allowed investments is contained in a separately published investment policy.
B. Investment Analysis
The Finance Director shall review the investment policy established for investing surplus funds to account for
changes in legislation and market conditions on a regular basis. The Finance Director shall prepare quarterly
investment portfolio reports containing information on the securities being held and the returns of each
investment category. The Finance Director shall meet and discuss any changes in investment strategies or
differences in investment holdings as needed, with an Investment Committee consisting of the Finance Director,
the City Manager and a third person selected by the City Manager.
VI. Capital Improvement Program Policies
A. Capital Improvement Plan
The City shall adopt an annual Capital Budget based on the Capital Improvement Plan and make all capital
improvements in accordance with it. Future capital improvement expenditures necessitated by changes in
population, real estate development, or in economic base will be calculated and included in the capital
improvement plan projections. The City will determine and use the most prudent financial methods for
acquisition of capital improvement projects based upon market conditions at the time of acquisition.
Capital Replacement Programs — The City shall forecast capital replacement and maintenance needs for at least
five-year periods beyond the budget year and update this projection each year. From this, a maintenance and
replacement schedule shall be developed and implemented. Funding for capital replacement may be obtained
through excess year-end surpluses as identified in the Use of Surplus Policies. Maintenance programs shall be
paid for on a pay-as-you-go basis. The City will determine and use the most prudent financial methods for
acquisition of capital equipment, based upon market conditions at the time of acquisition.
B. Definition
Capital improvements include streets, buildings, building improvements, park expansions/improvements, new
parks, airport runways, infrastructure improvements, and acquisitions of equipment. Projects in the Capital
Improvement Program generally cost more than $750 and last at least five years (with the exception of
computer software if $5,000 or greater). For accounting purposes, these lesser cost capital items are often
included, in order to easily reconcile the initial year with the capital accounts budgeted in that year's Operating
Budget. Significant allocations to some programs that do not meet the definition of capital items may also be
reflected in the Program in order to present the complete financial plan, although they may ultimately be
accounted for as operating expenditures.
C. Alignments
The City shall coordinate the development of the Capital Improvement Program plan with the development of
the Operating Budget, as well as ensuring compliance with the Comprehensive Plan Capital Improvement
Element. Future operating expenditures and revenues associated with new capital improvements will be
projected and included in the Capital Improvement Program Forecasts.
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D. Project Approvals
Capital projects submitted for approval must be justified in terms of how the project supports the achievement
of the City's strategic priorities. The originating department of the capital improvement project will identify the
estimated costs and impacts on revenue and operating costs for each capital project proposal. Projects are
prioritized and approved based on the relevancy of the project to the City's strategic plan and the impact on the
end stakeholder(s).
E. Maintenance
The City shalt maintain all capital assets at a level adequate to protect the City's capital investment and
minimize future maintenance and replacement costs.
F. Physical Inventory
An annual physical inventory will be conducted to ensure that all capital assets listed in the City's financial
system are accounted for, and that sufficient internal control over capital items is exercised. Further detail on
capital purchases and dispositions is detailed in a separately published policy.
VII. Debt Management Policies
A. Market Review
The City's Finance Director, in conjunction with the Financial Consultant, shall review its outstanding debt
annually for the purpose of determining if the financial marketplace will afford the City the opportunity to
refund an issue and incur less debt service costs. In order to consider the possible refunding of an issue, a
present value savings of at least three percent (31/o) over the life of the respective issue should be attained.
B. Debt Financing for Capital Assets
1. Short-term borrowing or lease/purchase contracts should only be considered for financing major
operating capital equipment when the Finance Director determines that this is in the City's best
financial interest. Lease/purchase decisions should have the concurrence of the appropriate
department/division head and should consider the net cost after factoring in anticipated maintenance
expenditures.
2. Whenever the City finances capital projects or purchases by issuing long-term debt, it shall amortize the
debt over a term not to exceed the average useful life of the project(s) financed. Financing utilizing
bank notes will be preferred to avoid the higher issuance cost typically incurred with bonded debt.
Except in the most unusual instances, the City will seek competitive bids to assure it selects the
financial institution with the most advantageous terms. If General Obligation Bonds are issued, the
City's goal will be to limit the maturity to fifteen (15) years. When possible, the City shall use a special
assessment or self-supporting financing instead of general obligation bonds, so those benefiting from
the improvements will bear all or part of the cost of the project financed.
C. Debt Service Levels
Annual General Fund debt service expense, if any, will be limited to eight percent (8%) of the General Fund
expenditures budget_
The City will limit its total outstanding General Obligation debt, if any, to five percent (5%) of the assessed
valuation of taxable property.
The City will limit the amount of Variable Rate debt to fifteen percent (15%) of the total debt outstanding.
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D. Bond Ratings and Full Disclosure
The City recognizes the importance of favorable bond ratings by the various rating agencies. Bond ratings will
be obtained when bonds are issued and will be regularly updated for the term of the bond issue. The Finance
Director, along with the Financial Consultant, shall periodically review possible actions to maintain or improve
its bond ratings and shall maintain good communications with bond rating agencies and its bond insurers about
its financial condition. The Finance Director shall coordinate all communications to ensure a professional and
factual response to any inquiries.
The City shall follow a policy of "full disclosure" in its Annual Comprehensive Financial Report and bond
prospectuses. The Finance Director shall assure that all legally required filings are made in regard to
outstanding financings.
E. Decision Making and Analysis
The City's strategic planning and budgeting decisions are based on a number of processes currently in place.
The specific tools used are:
Citizen Advisory Boards — (e.g., Citizens Budget Review Advisory Committee) are teams made up of
Residents and City staff to address specific concerns and provide direction and feedback;
Master Planning — Specific functions and processes are included in written plans, such as the
Comprehensive Plan, Stormwater Master Plan, Community Redevelopment Agency Master Plan and
the Airport Master Plan;
Fiscal Impact Model — Allocation methodology that quantifies average and marginal revenues and the
costs of new development by land use type;
Revenue Forecasting Model — Statistical time series analysis and tracking model of major revenues;
I ! Performance Measurement System — Quarterly performance evaluations and reports;
Capital Budgeting Tools — Present Value Payback, Net Present Value Analysis, Own/Lease Analysis,
and Return on Investment (ROI) Analysis;
Five -Year Financial Plan — Multi -year forecasting of revenues and expenditures beyond the next budget
year for all major City funds;
Ten -Year Fleet Replacement Program — Equipment maintenance and replacement schedule covering
the useful life of all vehicle classes;
Ten -Year Equipment and Maintenance Program - maintenance and replacement schedule covering the
useful life of all major equipment, other than vehicles;
Financial "Trend Monitoring System — Systematic analysis of major financial indicators.
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VIII. Fund Balance Policies
On an annual basis, after the year-end audit has been completed, but no later than April 1, the Finance Director
shall update schedules of all fund surpluses and deficits, with projections of reserve requirements and any plan
for the use of any excess surplus for the current year in accordance with the Financial Balance Policies and Use
of Surplus Policies. This will be reviewed to ensure compliance with stated and adopted policies, but also to
analyze the total reserve and surplus picture to ensure that the policies as adopted do not inadvertently create
adverse effects. The Finance Director shall provide recommendations to the City Manager for any changes to
the Fund Balance Policies and Use of Surplus Policies based on needs identified in this analysis.
A. General Fund uncommitted and unassigned fund balances will be maintained at a target amount of five
million dollars ($5,000,000) as a reserve for declared natural disasters. This approximates an amount calculated
to sustain City operations in the aftermath of unforeseen or emergency events, such as hurricanes declared to be
natural disasters. Key assumptions of this calculation are:
a. That damage to City -owned and private property will amount to a loss of no greater than 35% in overall
property values;
b. That the damage occurs after the maximum proposed millage is established for the next fiscal year,
resulting in up to a year's delay before there is the option of increasing property tax revenues;
c. Property taxes, franchise fees, utility service taxes and other revenues will decline;
d. There would be significant public safety and public works employee overtime; large outlays for debris
removal; plus expenditures for repairing and replacing City facilities;
e. Reimbursements from insurance claims will occur within six months and FEMA claims will occur
within a three year period from the month the natural disaster occurs;
B. In addition, the City shall assign a portion of General Fund to the Capital Renewal and Replacement
Reserve to a balance no greater than $275,000. This Reserve is assigned for the purpose of allowing the City
Manager to immediately proceed with repairing or replacing essential equipment or facilities in instances where
those items have not been budgeted. Such expenditures shall be governed by the purchasing thresholds set by
City Code Section 2-10. The necessary budget adjustments for these items shall be reported to and approved by
the City Council along with the next Quarterly Financial Report.
C. Consideration shall also be given to establishing extra cushions for unanticipated events or extraordinary
expenditures, such as:
a. Uncontrollable shortfalls in intergovernmental revenue occurring due to poor economic conditions at
the State and National levels or the willful political action of those attempting to undermine home rule
and the effectiveness of City government. (General Fund receives about $4.6 million each year from
Communication Service Taxes, State Revenue Sharing, Motor Fuel Taxes and the Half -cent Sales
'Faxes which is about 28% of its total revenues) Allowing for a 10% shortfall would calculate as
$490,000.
b. Significant payouts of unused employee leave accruals at the time they terminate. These payouts have
averaged about $l 0l ,000 or 6.5% of an assumed 100% payout over the past five years and are typically
manageable by covering them from the relevant department's other budgeted accounts. However, the
departure of 100% of the employees would create a total payout of about $1.26 million in wages plus
another $296,000 for applicable benefits. In response to some emergency situations, the City could be
faced with excessive voluntary departures or perhaps mandatory layoffs due to the financial situation.
Allowing for it 25% termination rate, The City would be faced with an unexpected payout for a total of
about $389,000.
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c. Unanticipated expenditures on capital outlays or capital replacements of such a magnitude that are
beyond the possibility of immediately funding within any legal or normally reasonable means.
(1) Although financing from financial institutions may be feasible in certain isolated cases, this
possibility may not be available should those creditors have to also consider other events the City
could be dealing with at the time.
(2) Additional cushions could be established in certain Special Revenue Funds as a capital reserve.
d. The unfunded Police Pension Fund Actuarial Accrued Liability is also something that could possibly be
a concern. Annual contributions to the pension plan are calculated to cover the vested benefits being
accumulated by the Police Officers but the deficit occurs when plan changes are made or when
assumptions are changed or when assumptions do not materialize. An immediate payout is not required,
since repayment of the deficit is allowed to be amortized and calculated into future annual payment
requirements. Consideration could be given to paying more than the annual requirement or establishing
another cash reserves in case political forces create a future mandate to immediately pay off the deficit.
e. Localized emergencies that may not be eligible for insurance or FEMA reimbursement, such as
flooding, tornados, sink holes, earth quakes, civil disorders, terrorism, explosions, fires, etc.
Emergencies of this nature would most likely impact operational accounts such as overtime pay
expenditures and utility tax and franchise fee revenues. To the extent possible without increasing tax
rates, a cushion of some amount would be warranted.
f. It should be understood that the amount of Fund Balance includes assets that may not be easily
converted to cash. Fund Balance includes such assets such as Inventory, Prepaid Expenditures,
Accounts Receivable and amounts due from other funds.
D. Target amounts should be established and reviewed annually during the budgeting process for each of the
above. Generally, the targets would be calculated as a reasonable percentage of the total based on a rational
analysis of the perceived likelihood of the event actually occurring and amounts that would be sufficient to
reduce the negative impact of the event to acceptable levels. At the discretion of the City Council, the creation
or replenishment of established target amounts will occur as soon as reasonably possible without tax rate
increases or further damaging ongoing levels of service to the public. An effort will be made to replenish the
reserve for declared natural disasters for at least 25% of the shortfall within the following year.
E. In some instances, the City's Golf Course, Airport and Building Enterprise Funds may be impacted by the
foregoing emergency conditions. Certainly, the Golf Course and Airport may not have the resources that might
be necessary to effectively restore their operations. While considering the level of targeted cash reserve
balances in the General Fund and Special Revenue Funds, it must be recognized that these operations may also
need financial assistance to recover.
F. The following Policies for funding amount targets will be in effect to the extent they are possible:
a. Declared National Disasters - $5,000,000 Target Balance.
b. Capital Renewal and Replacement Reserve — Replenished Up to $275,000 from Operating Surpluses.
c. Shortfalls in Intergovernmental Revenues—$460,000 Based on 10% of Annual State Revenues.
d. Employee Leave Accrual Payouts — $389,000 Based on 25% Payout of Accumulated Liability.
e. Capital Outlay Reserve — Set Aside 5% in Certain Special Revenue Funds:
i. Local Option Gas Tax—$36,191 based on 5% of budget of gas taxes.
ii. Discretionary Sales Tax—$256,007 based on 5% of budget for sales taxes.
iii. Community Redevelopment Agency—$23,588 based on 5% of budget for tax increment receipts.
iv. Stormwater Utility—$96,300 based on 5% of budget for stormwater fee receipts.
f. Unfunded Police Pension Liability — Address this by increasing annual contribution when possible.
g. Localized Emergencies — The severity of such events is difficult to envision, thus it is assumed that
other balances would have to be utilized.
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G. The total funding target for General Fund to cover items a, b, c and d. would be $6,124,000, which exceeds
current balances. If these funds are used, they should be restored to the funding target as soon as possible by
using accumulated Operating Surpluses that result from revenues exceeding expenditures.
M Use of Surplus Policies
It is the intent of the City to use all uncommitted or unassigned surpluses to accomplish three primary goals:
meeting fund balance policies, avoidance of future debt, and reduction of outstanding debts or liabilities. The
City will always avoid using fund balances or year-end surpluses to cover ongoing operating expenses.
A. Any surpluses realized in the General Fund may, at the discretion of the City Council, be used to restore
fund balance targets or other purposes in the following order of priority:
1. $5,000,000 target reserve for declared national disasters.
2. $275,000 maximum balance on hand at the beginning of each fiscal year for the Capital Renewal and
Replacement Reserve.
3. $460,000 target reserve for shortfalls in intergovernmental revenues.
4. $389,000 target reserve for payouts of terminating employee leave accruals.
5. Pay the full budgeted amount based on the Actuary's projection for the required annual contribution to
the Police Pension Trust Fund, even in those years when actual investment returns are better than had
been projected.
B. After fully satisfying the fund balance targets or additional payments, surpluses may be used for the
following purposes, listed in order of priority:
1. Additional Cash Payments for Capital Improvement Program Projects. Using cash to purchase capital
items that may otherwise be purchased with the proceeds from debt will reduce the future debt burden
of the City. This strategy may be beneficial but a financial analysis should be performed to determine
the greatest net present value savings.
2. Cemetery Permanent Trust Fund. After all other needs have been satisfied, excess surpluses may be
transferred to the Cemetery Permanent Trust Fund established to care for the Cemetery. The amounts
transferred shall be deemed corpus to the Cemetery Trust fund for funding Cemetery care and
maintenance.
3. Riverfront Redevelopment Agency. Alter all other needs have been satisfied; excess surpluses may be
transferred to the Riverfront Redevelopment Agency that has been established to provide infrastructure
and public facility needs in that area that will result in increased property values.
C. Special Revenue Fund Surpluses
Local Option Gas Tax Revenue Fund — A target reserve will be maintained in an amount equal to five percent
(5%) of the annual budgeted gas tax receipts to alleviate the impact of a decline in amounts of collected revenue
and to provide sufficient funds for unanticipated transportation expenditures. Surpluses projected five years
beyond the budget year may exceed the target or be allocated toward additional eligible projects or programs.
Discretionary Sales Surtax Revenue Fund — A target reserve will be maintained in an amount equal to five
percent (5%) of the annual budgeted sales tax receipts to alleviate the impact of decline in amounts of collected
revenue and to provide sufficient funds for unanticipated replacements of eligible capital improvements or
equipment. Surpluses projected five years beyond the budget year may exceed the target or also be programmed
toward additional eligible capital infrastructure or forgiveness of some of the advances made for the
construction of Airport Hangars A and B.
Community Redevelopment Agency — A target reserve will be maintained in an amount equal to five percent
(5%) of the annual budgeted tax increment receipts to alleviate the impact of a decline in amounts of collected
revenue and to provide sufficient funds for unanticipated projects or programs. Surpluses projected five years
beyond the budget year may exceed the target or also be programmed toward additional eligible projects or
programs that may be identified in the future.
246 of 562
City of Sebastian, Florida
Financial Policies
Parking In -Lieu -Of Fund — Surpluses will be used to fund projects that add vehicle parking facilities or may be
held in reserve for projects that may be identified in the future.
Recreation impact Fee Fund — Surpluses will be used toward additional projects to provide additions or
improvements to Parks and Recreation facilities or may be held in reserve for projects that may be identified in
the future. (Note that impact fee payments must be refunded if not appropriated within seven years).
Stormwater Utility Revenue Fund — A target reserve will be maintained in an amount of five percent (5%) of
the annual budgeted Stormwater fee receipts for the purpose of alleviating the impact of an unanticipated
decline in amounts of collected revenue and to provide sufficient funds for unanticipated capital improvements.
Surpluses projected five years beyond the budget year may exceed the target or be programmed toward
additional programs or be used for eligible capital projects.
X. Reporting and Analysis
To ensure compliance with the adopted financial policies, the Finance Department shall prepare analyses in
conjunction with the annual budget process to assist departments/divisions with budget projections. The
analyses include the following:
I:; Five -Year Forecast of Revenues and Expenditures — Planning tool used by the Finance Department to
forecast and project various funds (General, Local Option Gas Tax, Discretionary Sales Tax, Recreation Impact
Fees, Riverfront CRA, Stormwater Utility, Golf Course, Building, and Airport).
1 1 Financial Trend Monitoring System — Set of financial trends and ratios used as leading indicators and as a
measurement of relative performance.
I I Revenue Manual — Guide to the major revenue sources that indicates the source, calculation, legal
requirements, historical trends and accounting guidelines. Updated annually and included in the annual budget
document.
1 1 Fund Balance and Reserve Analysis — The City's Finance Director will review the fund balance and reserve
levels and produce a report annually on reserve levels as compared to policy goals.
247 of 562
MOF
SEBASTI
HOME OF PELICAN ISLAND
CITY COUNCIL AGENDA TRANSMITTAL FORM
COUNCIL MEETING DATE: September 27, 2023
AGENDA ITEM TITLE: Resolution No. R-23-27 Approving the Six -Year Capital Improvement
Program for the Fiscal Years 2024-2029
RECOMMENDATION: Approval of Resolution No. R-23-27
BACKGROUND:
While preparing the Operating Budget for FY 2023-2024, Staff also prepared a Six -Year Capital Improvement
Program for FY 2024-2029.
The Capital Improvement Program is incorporated as a section of the Annual Budget document. It includes long-
term projections for General Fund, Special Revenue and Enterprise Funds in order to forecast the financial
feasibility of funding the planned capital expenditures, plus continuing to provide adequate fund balances and
reserves.
Staff is recommending and seeking approval of Resolution No. R-23-27 in order to approve the Six -Year Capital
Improvement Program for FY 2024-2029
IF AGENDA ITEM REOUIRES EXPENDITURE OF FUNDS:
Total Cost: NIA
Amount Budgeted in Current FY: NIA
Amount of Appropriation Required: None
Fund to Be Utilized for Appropriation: NIA
ATTACHMENTS:
Resolution R-23-27 with Summary of Capital Improvements Attachment.
Administrative Services Department Review: `
City Attorney Review: f
Procurement Division Re11',iffpplicable: /Y/
City Manager Authorization: /
r
Date: V-Zl/k"]
248 of 562
RESOLUTION NO. R-23-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ADOPTING A
SIX -YEAR CAPITAL IMPROVEMENT PROGRAM FOR FISCAL
YEARS ENDING 2024-2029; PROVIDING FOR REPEAL OF
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING
FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Sebastian, Indian River County, Florida finds that it is in the best interest
of its citizens and taxpayers to provide for financial planning; and
WHEREAS, a detailed capital budget is necessary for the proper annual operation of the City and
its desired capital program; and
WHEREAS, the Six -Year Capital Improvement Program has been reviewed by the City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS:
Section 1. RECITALS. The above "WHEREAS" clauses hereby adopted and incorporated
herein as true and correct legislative findings of the City Council of the City of Sebastian.
Section 2. ADOPTION OF CIP. A Summary of the Capital Purchases and Improvements for
Fiscal Years 2024-2029 for the City of Sebastian which is attached hereto is hereby adopted.
Section 3. CONFLICTS. All Resolutions or parts of Resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
Section 4. SCRIVENER'S ERRORS. Sections of this Resolution may be renumbered or re -
lettered and corrections of typographical errors which do not affect the intent may be authorized by the
City Manager, or the City Manager's designee, without need of further action of City Council by filing
a corrected copy of same with the City Clerk.
Section 5. SEVERABILITY. If any clause, section, or other part or application of this Resolution
shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional
or invalid part or application shall be considered as eliminated and so not affecting the validity of the
remaining portions or applications remaining in full force and effect.
Section 6. EFFECTIVE DATE. This Resolution shall take effect immediately upon its
adoption.
249 of 562
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 Fred Jones
Vice -Mayor Christopher Nunn
Councilmember Ed Dodd
Councilmember Bob McPartlan
Councilmember Kelly Dixon
The Mayor thereupon declared this Resolution duly passed and adopted this 27`" day of
September, 2023.
CITY OF SEBASTIAN, FLORIDA
By:
ATTEST: Fred Jones, Mayor
Jeanette Williams, City Clerk Approved as to form and legality for the reliance by
the City of Sebastian only:
Jennifer Cockcroft, City Attorney
250 of 562
CITY OF SEBASTIAN, FLORIDA
FISCAL YEAR 2024-2029
SUMMARY OF CAPITAL PURCHASES AND IMPROVEMENTS
List of Protects
FY 2023-24
FY 2024-25
FY 2025-26
FY 2026.27
FY 2027-28
FY 2028-29
Totals
General Government
Vx Rail Lease Payments
43,195
45,355
45.355
45,355
45,355
45,356
269.969
City Wide Computers
45.000
35,000
45.000
35,000
45,000
35,000
240,000
COSty Equipment
15,000
15,000
16,000
15,000
15,000
15,000
90,000
Network Infrastructure
30,000
30.000
30.000
30,000
30,000
30,000
180.000
Core and Remote Switches
60,000
-
-
-
-
60,000
Security Cameras
30,000
30.000
Sidewalk Assurance System
50,000
50,000
Cyber Security Features
30.000
30,000
Public Works Compound Firewall
75,000
75,000
Police Department
Police Vehicles
620,431
485,383
373,152
391,809
411,400
431,970
2.714,145
Vehicle/Body Cameras
88,776
88,776
93,776
93,776
93,776
93,776
552,656
CAD/RMS System Update
60,775
60,775
60,775
60,775
60.775
60,775
364.650
Road Patrol Equipment
29,260
34,800
8,500
8,500
8.500
8,500
98,060
Indoor Firearms Range
6,000,000
-
-
-
5,000.000
Investigations Equipment
11,500
-
-
-
11,500
Community Development
Working Waterfront Expansion
120,000
500.000
500,000
500.000
1,620,000
Central Avenue Catalyst Site
-
500,000
-
500,000
CDBG Grant Program
128.152
130,000
130,000
130,000
130.000
130.000
778.152
Riverview Paris Master Plan
-
500,000
500.000
-
-
1,000,000
Riverview Park Event Center
-
-
1,000,000
1,000,000
Community Development Offices
88,500
88.500
Roads Department
Pavement Grinder
22,000
22,000
Vinyl Printer
16,100
16,100
Enclosed Trailer
8.000
-
-
8.000
Street Repaving
533.423
1.099,840
772.192
569.552
392,611
417,500
3,785,118
Street Reconstruction
1,780.163
1,209,768
801,028
1,017,818
1,614,132
1.670.000
8,092,909
Sidewalk Replacement
75,000
75,000
75,000
75.000
75,000
75,000
450,000
Traffic Analyzers (2)
3,500
-
-
-
3,500
Air Compressor Jack Hammer
28,400
28,400
Sign Shop Truck
75.000
-
75.000
Facilities Maintenance Division
Facilities Maintenance Vehicles
63.000
-
,00 450
-
108.000
Air Conditioner Replacement
25.000
30,000
30,000
35,000
35,000
40,000
195,000
Roof Replacements
17,000
-
-
-
-
17,000
Art Center Roofing
-
30.000
-
30,000
Cemetery Division
Cemetery Equipment
14,000
13.000
16,000
43,000
Cemetery Vehicle
-
40,000
-
40,000
Cemetery Irrigation Pump
10,000
40,000
50,000
Columbarium Niches
-
95,000
95,000
Cemetery Grounds Maintenance
165,000
165,000
Leisure Services Department
Maintenance Equipment
23,000
12,0W
28,000
22.000
30,000
115,000
Parks Derision Vehicles
-
40,C00
40,000
Parks Maintenance Shed
15,000
-
15,000
Splash Pad Replacement
-
1,000,000
1,000,000
Friendship Park Baseball Field
25,000
25.000
Playground improvements
350.000
60,000
120,000
120,000
80.000
730,000
Park Improvements
20,000
20,000
20,000
20,000
20,000
20,000
120,000
Stormwater Department
Rubber Tire Excavator
375,000
375,000
Walk Behind Concrete Saw
10,000
10,000
Brush Truck
122,000
122,000
Backhoe
170,000
170,000
Slip Lining/Pipe Replacement
165,000
182,000
200,000
220.000
242,000
266,000
1,275.000
Stormwater Facility Pump
60,000
-
-
80,000
Schumann Drive
-
750,000
750,000
Canal Restoration
11,500,000
-
11.500.000
Stonecrop Upstream Drainage
1,220.000
310.000
345,000
1,875,000
Tulip Drive Road Crossing
250.000
250,000
Bayfront Road Crossing
-
250.000
-
250,000
Ocean Cove Drainage
350,000
350,000
Golf Course Fund
Golf Clubhouse Doors
35,000
35,000
Golf Shop Carpet
3,800
-
-
3,800
Goff Bunker Renovations
50,000
50,000
50.000
50,000
60,000
50,000
300,000
Golf Maintenance Equipment
3.500
-
-
-
10.000
-
13,500
Airport Fund
Airport Maintenance Equipment
35.000
9,000
44,000
Airport Backhoe Loader
-
65,000
65,000
Airport Tractor/Mower Deck
80,000
30,000
-
110.000
Aircraft Wash Rack
-
125,000
125,000
Airport Equipment Shatter
50,000
50,000
Construct Shade Hangar
1,300.000
1,300,000
Construct Square Hangars
35.895
-
35.895
Design Taxiway Golf
-
215,5C0
21.5,500
Construct Taxiway Golf
987,600
987,600
1,975.200
Design Taxiway Bravo Rehab
-
-
230,000
230.000
Reconstruct Alpha Apron
1,250,000
-
1,250,000
Terminal Apron Expansion
1.200.000
-
1,200,000
Design NW Airport Access
250,000
-
250.000
Construct NW Airport Access
-
3,00,000
-
3,000,000
Building Fund
Building Department Truck
30,000
-
-
30,000
Totals $18,719,370 $ 9,260,797 $11,872,378 $ 6.778,585 $ 6,561,549 $ 3.648,876 $ 67,241,654
251 of 562
CM LV
SESAST
HOME OF PELICAN ISLAND
CITY COUNCIL AGENDA TRANSMITTAL
Council Meeting Date: September 27, 2023
Agenda Item Title: Ordinance 0-23-09 — Petition for Voluntary Land Swap —
0.07 ACRE PARCELS, 600 Schumann Dr.
Recommendation, Hold a Public Hearing and Second Reading of Ordinance 0-23-09. Move
to Adopt.
Background: This is a request for an exchange of land between the property owner,
Schumann Road Indian River, LLC, and the City of Sebastian. The applicant, Lawrence T. Maxwell, has
proposed to swap portions of similar size lands (approximately 0.7 acres each) adjacent to each other in
order to develop a more compact site plan and provide public improvements to the City property known
as "Historical Park".
Current land use and zoning for the City property is Institutional and Public Service (PS). Current land
use and zoning for the Schumann Road property is General Commercial and Commercial General. Both
properties will begin the process of acquiring land use and zoning designations applicable to their current
land use and zoning following land swap approval.
Certain benefits were proposed as part of the land swap including a sidewalk along Schumann Road,
improved access to the Historical Park, and an extensive landscape buffer between the properties and
along Schumann Road. The Land Swap Request attachment to this agenda transmittal provides a
statement and technical information for the property provided by the applicant, including the proposed
public improvements (contained in Attachment 8 therein.)
In accordance with the City charter, the City Council has the authority to acquire or sell land. Per City of
Sebastian Code of Ordinances Sec. 2-93(c) —Exchange of real property. When the city council finds it is
in the public interest to exchange real property owned by the cityfor other real property needed to full
a city purpose, the city council shall adopt an ordinance authorizing the exchange on such terms and
conditions as the cityfinds is in the public interest.
The proposal is consistent with the goals, objectives and policies of the City's 2040 Comprehensive Plan.
The exchange of real property provides a more compact and desirable development in exchange for
public benefits. The proposal does not appear to present an adverse impact on the public health, safety,
welfare, or aesthetics of the City or region.
The items previously listed as conditions to be submitted prior to adoption have been received and are
attached, or incorporated into their applicable documents, for your review.
If Agenda Item Requires Expenditure of Funds: NIA
Attachments:
1. Ordinance 0-23-09 2. Parcel Exchange Agreement
3. Special Warranty Deeds (2) 4. Title Commitments (2)
5. Land Swap Request — Statement and Technical Property Information from Applicant
Administrative Services Department Review:
City Attorney Review: 1`/L•L�/
Procurement Division Review, if applicable: Nl;�
i
City Manager Authorization: Date: ! a i Law
252 of 562
ORDINANCE NO.O-23-09
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA,
AUTHORIZING THE EXCHANGE OF PARCELS PURSUANT
TO SECTION 2-93, CITY OF SEBASTIAN CODE OF
ORDINANCES, REGARDING THE CONVEYANCE OF A
298Y.� 3,985:It) SQUARE FOOT PARCEL FROM SCHUMANN ROAD
INDIAN RIVER, LLC TO THE CITY IN EXCHANGE FOR THE
CONVEYANCE OF A 2,477 28 SQUARE FOOT PARCEL FROM
2977,43THE CITY TO SCHUMANN ROAD INDIAN RIVER, LLC;
DESCRIBING EACH PARCEL; FINDING THE TERMS AND
CONDITIONS OF THE EXCHANGE OF PARCELS TO BE IN
THE PUBLIC INTEREST; PROVIDING FOR SCRIVENER'S
ERRORS; PROVIDING FOR CONFLICT AND SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Schumann Road Indian River, LLC, a Florida limited liability company
("Schumann'), owns certain property at the intersection of Schumann Drive and U.S. Highway 1, within
the existing corporate limits and boundaries of the City of Sebastian with the following Indian River
County Property Appraiser Parcel Identification Numbers 31391700002406000004.0,
31391700002000100000.0, 31391700002406000007.0 and 31391700002406000001.0 (collectively, the
"Schumann Parcel"); and
WHEREAS, the City of Sebastian ("City") owns certain property northeast of the intersection of
Schumann Drive and U.S. Highway I and adjacent to the Schumann Parcel, within the existing corporate
limits and boundaries of the City of Sebastian with the following Indian River County Parcel
Identification Number 31391700002000100000.0 (the "City Parcel"), that the City currently utilizes as
Historical Park; and
WHEREAS, Schumann desires to develop the Schumann Parcel for various commercial retail
uses that serve the communities in the vicinity of the Schumann Parcel (the "Intended Use"); and
WHEREAS, Schumann and the City have determined that it will be mutually beneficial to enter
into an exchange of parcels, to wit: a 2,984.6 square foot portion of the Schumann (the "Schumann
Exchange Parcel"), will be conveyed by Schumann to the City, in exchange for a 2,977.43 square foot
portion of the City Parcel (the "City Exchange Parcel"), to provide a public benefit to the City and fulfill
a City purpose by allowing improved access for and configuration of the City Parcel for use in
conjunction with the Historical Park and to allow Schumann to more efficiently develop the Intended Use
to provide commercial retail services to the residents of the City; and
WHEREAS, the City has determined that the Parcel Exchange and provision for public
improvements is in the public interest, serves a public purpose and fulfills a City purpose; and
253 of 562
WHEREAS, the City Council of the City of Sebastian has the power and authority to adopt this
Ordinance pursuant to Section 2-93, City of Sebastian Code of Ordinances; and
WHEREAS, the City has complied with all requirements and procedures of the laws of the City
of Sebastian and the State of Florida in adopting this Ordinance.
Now therefore, the City Council of The City of Sebastian, Indian River County, Florida
adopts the following:
Section 1. Legislative Findings and Intent. The City Council of the City of Sebastian
hereby adopts and incorporates the above recital clauses into this Ordinance as true and correct.
Section 2. Exchange of Parcels
(a) The City hereby approves the property exchange agreement attached hereto and incorporated
herein by reference (the "Agreement") regarding the Parcel Exchange.
(b) The Mayor and City Clerk are hereby granted and shall have the authority to execute any and
all documents that are the subject of the Agreement and this Ordinance to implement the
Parcel Exchange.
(c) The City specifically determines that the City Exchange Parcel is not needed for a public
purpose or use, the Schumann Exchange Parcel provides a greater benefit to the City and that
the Parcel Exchange will serve a public purpose as described herein.
(d) The City authorizes the conveyance of the City Exchange Parcel to Schumann by means of a
special warranty deed, executed by the Mayor of the City and attested to by the City Clerk,
that specifically releases and abandons any and all reversions, reservations and rights of entry
including, without limitation, mineral rights vested in the City pursuant to the provisions of
Section 270.11, Florida Statutes.
(e) The City authorizes the acceptance by the Mayor of the conveyance by Schumann of the
Schumann Exchange Parcel to the City by means of a special warranty deed executed by an
authorized representative of Schumann.
(f) The costs associated with the Parcel Exchange and associated improvements, preparation of
the legal descriptions for the City Exchange Parcel and Schumann Exchange Parcel, and the
recording of the special warranty deeds shall be borne by the Schumann.
Section 3. Filing. A copy of this ordinance shall be filed as required by the laws of the
City of Sebastian and the State of Florida.
Section 4. Notice. Notice of the consideration and adoption of this Ordinance has been
provided as required by the laws of the City of Sebastian and the State of Florida.
Section 5. Scrivener's Errors. Sections of this ordinance may be renumbered or re -lettered
and corrections of typographical errors which do not affect the intent may be authorized by the City
Manager, or the City Manager' s designee, without need of public hearing, by filing a corrected or re -
codified copy of same with the City Clerk.
254 of 562
Section 6. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
Section 7. Severability. In the event a court of competent jurisdiction shall hold or
determine that any part of this Ordinance is invalid, unenforceable or unconstitutional, the remainder of
the Ordinance shall be invalidated and it shall be presumed that the City Council of the City of Sebastian
did not intend to enact this Ordinance without such invalid or unconstitutional provisions.
Section 8. Effective Date. This Ordinance shall become effective immediately upon its
adoption by the City Council.
The foregoing Ordinance was moved for adoption by Councilmember
. The motion was seconded by Councilmember and, upon
being put to a vote, the vote was as follows:
Mayor Fred Jones
Vice Mayor Christopher Nunn
Councilmember Kelly Dixon
Councilmember Ed Dodd
Councilmember Bob McPartlan
The Mayor thereupon declared this Ordinance duly passed and adopted this 27'" day of September, 2023.
ATTEST:
Jeanette Williams, MMC
City Clerk
Approved as to form and legality:
Jennifer Cockcroft, Esq.
City Attorney
3
CITY OF SEBASTIAN, FLORIDA
Fred Jones, Mayor
255 of 562
PARCEL EXCHANGE AGREEMENT
This Parcel Exchange Agreement (the "Agreement') is made and entered into as of the _ day of
, 2023 (the "Effective Date") by and between Schumann Road Indian River, LLC, a
Florida limited liability company (the "Schumann'), whose address is 500 South Florida Avenue, Suite
700, Lakeland, Florida 33801, and the City of Sebastian, a municipal corporation of the State of Florida,
whose address is 1225 Main Street, Sebastian, Florida 32958 (the "City"), with both parties being
grantors and grantees hereunder as to certain properties as described below. Schumann and City may be
collectively referred to as the "Parties," or individually as a "Party."
RECITALS:
WHEREAS, Schumann owns certain property at the intersection of Schumann Drive and U.S.
Highway 1, within the existing corporate limits and boundaries of the City of Sebastian with the
following Indian River County Property Appraiser Parcel Identification Numbers
31391700002406000004.0, 31391700002000100000.0, 31391700002406000007.0 and
31391700002406000001.0 (collectively, the "Schumann Parcel'); and
WHEREAS, the City of Sebastian ("City") owns certain property northeast of the intersection of
Schumann Drive and U.S. Highway 1 and adjacent to the Schumann Parcel, within the existing corporate
limits and boundaries of the City of Sebastian with the following Indian River County Parcel
Identification Number 31391700002000100000.0 (the "City Parcel'), that the City currently utilizes as
Historical Park; and
WHEREAS, Schumann desires to develop the Schumann Parcel for various commercial retail
uses that serve the communities in the vicinity of the Schumann Parcel (the "Intended Use"); and
WHEREAS, Schumann and the City have determined that it will be mutually beneficial to enter
into an exchange of parcels, to wit: a 2,984.6 square foot portion of the Schumann Parcel as more
particularly described in Exhibit "A," attached hereto and incorporated herein by reference (the
"Schumann Exchange Parcel'), to be conveyed by Schumann to the City, for a 2,977.43 square foot
portion of the City Parcel as more particularly described in Exhibit `B," attached hereto and incorporated
herein by reference (the "City Exchange Parcel'), to provide a public benefit to the City and fulfill a
City purpose by allowing improved access for and configuration of the City Parcel for use in conjunction
with the Historical Park and to allow Schumann to more efficiently develop the Intended Use to provide
commercial retail services to the residents of the City; and
WHEREAS, the exchange of parcels and completion of the Additional Public Improvements at
no expense to the City is in the public interest, serves a public purpose and fulfills a City purpose.
1 IPa;;e
City of Sebastian Schumann Rd Parcel Exchange 2023
256 of 562
WITNESSETH.-
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto agree as follows:
SECTION 1. RECITALS.
The Recitals and exhibits referenced as set forth above have been relied upon by the Parties, are
incorporated herein by this reference thereto and are hereby made a part of this Agreement as if fully set
forth herein.
SECTION 2. THE EXCHANGE/SALE TERMS.
Schumann, at its sole cost and express, agrees to convey the City Exchange Parcel to the City and
make certain public improvements. City agrees to convey the Schumann Exchange Parcel to Schumann.
There shall be no further consideration aside from the mutual exchange of the Parcels, the additional
benefit to the Schumann Property and the City Park Property, respectively, and the additional public
benefit from the Additional Public Improvements. Said Additional Public Improvements are to be paid
for in full at the sole cost and expense of Schumann and include the following: attached and described in
Exhibit C.
SECTION 3. INSPECTION PERIOD.
Each of the Parties may perform such reasonable tests and investigations of the Parcel that such
Party is to receive, which is or are desired to determine if it is suitable to for the purposes intended.
Schumann agrees to pay or reimburse the City for such reasonable tests and investigations such that the
City incurs no expense for the testing or investigations. Each of the Parties shall have sixty (60) business
days from the Effective Date ("Inspection Period") to undertake such physical inspections and other
investigations of and concerning the Parcel that it will receive, including surveys, soil borings,
engineering and environmental studies and other tests, studies and examinations, as each Party considers
useful and for its consultants to review and evaluate the Parcel to determine if it is suitable in that Party's
sole and absolute discretion. Each of the Parties will allow the other Party and its representatives and
agents reasonable access onto the respective Exchange Parcel to conduct such tests and studies each
Party may determine to be necessary. Either Party may terminate this Agreement during the Inspection
Period. Upon termination, all rights and obligations shall be null and void and neither Party shall be
liable to the other Party.
SECTION 4. EVIDENCE OF TITLE/TITLE INSURANCE.
A. Schumann, at its sole cost and expense, shall provide title insurance for the transaction in
in the amount of $24,000.00 for the Schumann Exchange Parcel and $18,000 for the City Exchange
Parcel, said title insurance insuring the title of the Properties, subject only to the Permitted Exceptions
(as hereinafter defined) and "Standard Exceptions" contained on the inside jacket cover of the standard
ALTA Form of commitment, provided that said commitment shall provide that said Standard Exceptions
21Pa
City of Sebastian Schumann Rd Parcel Exchange 2023
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will be deleted by the title insurance company upon the provision by the grantor of each Parcel to
Schumann's counsel (the "Title Agent") a Lien, Possession and Encumbrance Affidavit in the customary
form (and the Parties agreeing to furnish such affidavits at and as a part of the Closing) and a current
survey of each Parcel.
B. Within five (5) business days after receipt of a title insurance commitment, each grantee
Party shall provide the respective grantor Party with any written objections as the respective grantee
Party may have to matters set forth in the Title Commitment and the surveys which materially affect the
respective Parcel. In the event any such objections are made by the respective grantee Party; the
respective grantor Party shall have a period of ten (10) days from the receipt of the same in order to cure
such objections. Failure to cure the objections to the respective grantee's satisfaction shall give the
respective grantee the right to:
(1) Waive the title objections and close the conveyance of the Parcels; or
(2) Terminate this Agreement in which event all rights and obligations between the
Parties shall be null and void.
SECTION 5. CONVEYANCE OF LAND AND IMPROVEMENTS AND PERSONAL
PROPERTY.
A. The City shall convey the Schumann Exchange Parcel to Schumann by special warranty
deed free and clear of all liens, encumbrances and matters, except the following:
(1) Prorated taxes due and owing for the year of closing and subsequent year, [to the
extent allowed for by law, the Parties recognizing that the City is a tax exempt governmental entity.]
(2) Zoning, restrictions, prohibitions and other requirements imposed by
governmental authority or as shown on the face of a plat.
(3) Matters described in the title commitment that impact the respective Parcel,
subject to the grantee rights to object to title as set forth above.
(4) The matters stated in this Section are defined as "Permitted Exceptions."
B. The Schumann shall convey the City Exchange Parcel to the City by special warranty
deed free and clear of all liens, encumbrances and matters, except the following:
(1) Prorated taxes due and owing for the year of closing and subsequent years.
(2) Zoning, restrictions, prohibitions and other requirements imposed by
governmental authority or as shown on the face of a plat.
(3) Matters described in the title commitment that impact the respective Parcel,
subject to the grantee rights to object to title as set forth above.
(4) The matters stated in this Section are Permitted Exceptions.
SECTION 6. SURVEY AND TOPO.
Schumann shall obtain a survey and surveyor prepared legal description for each Parcel. The
legal description shall be used in the respective deed for the Parcel Exchange.
City of Sebastian Schumann Rd Parcel Exchange 2023
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SECTION 7. LIMITED WARRANTIES.
Each Party does hereby represent and warrant to the respective grantee Party that:
A. The respective grantor Party has good and merchantable fee simple title to the respective
Parcel conveyed free and clear of all liens and leasehold interests (except the Permitted Exceptions and
those liens which respective grantor can and shall remove at Closing) and that respective grantor can
convey the same without the joinder of any other persons or entities.
B. The respective grantor has no notice or information of any litigation or administrative
proceeding threatened or pending against the respective Parcel to be conveyed or the respective grantor's
interest in it.
C. During the term of this Agreement, the respective grantor Party shall not, without the
respective grantee Party's consent, execute any easements or restrictions or otherwise take or permit any
action that would constitute a title exception, or any other matter.
D. Should any representation by the grantor Party herein prove false as set forth in this
section, the respective grantee Party shall be entitled to terminate this Agreement in which event all
rights and obligations hereunder shall terminate. All representations contained in this section shall
survive the Closing.
SECTION 8. ATTORNEY'S FEES.
Each Party agrees to pay its own attorneys' fees incurred in connection with this transaction.
SECTION 9.OBLIGATION TO CLOSE.
The respective grantee Party's obligation to close the sale contemplated hereby is expressly
conditioned upon:
A. All of the respective grantor Party's covenants and obligations being fully performed or
performance waived by the respective grantee Party; and
B. All representations and warranties made by the respective grantor Party in this
Agreement being true and correct as of the Closing; and
C. Neither of the Parties has terminated this Agreement prior to the end of the Inspection
Period or otherwise as allowed in this Agreement; and
D. Receipt and approval by each of the Parties of surveys containing the legal description of
each Parcel; and
E. Receipt of a marked -down title insurance commitment whereby the title insurer agrees to
insure fee simple title to the Property being purchased subject only to the Permitted Exceptions.
F. If the Parcel Exchange contemplated hereby is not consummated due to a default or
inability to perform on the part of the respective grantor Party, then neither Party shall have any further
liability to the other; provided, however, that, in the event of a respective grantor Party's wrongful refusal
or wrongful failure to perform, the respective grantee Party shall also be entitled to specific performance
and all other remedies available at law or in equity.
SECTION 10. CLOSING.
At Closing the Parties shall deliver the following documents and funds:
A. Each grantor Party shall deliver a fully executed, witnessed and notarized special
411'a,<<
City of Sebastian Schumann Rd Parcel Exchange 2023
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warranty deed to the respective grantee Party. Schumann shall pay all transfer taxes and any other costs
of recording the deed.
B. Possession of, and title to, each Parcel to be conveyed shall be delivered to the respective
grantee Party by the respective grantor Party subject only to the Permitted Exceptions as set forth herein.
C. The respective grantor Party shall furnish such typical affidavits as shall be reasonably
required by the Title Company to remove from the Title Policy the standard printed exceptions and such
other typical documents reasonably required by the respective grantee or the Title Company.
D. Schumann shall be responsible for applicable prorated real property taxes as of the
Closing date.
E. Schumann shall deliver to the Closing Agent sufficient funds with which to pay the
closing costs and to record the necessary deeds at Closing.
F. Schumann shall pay for all other expense reimbursements, such that the City incurs no
expense in the execution of this Parcel Exchange Agreement.
G. If all requirements for Closing are met and neither Party is in default hereunder, the
Parties shall exchange the deeds as set forth herein at Closing.
SECTION 11. NOTICES.
A. All notices required or permitted hereunder shall be in writing, addressed to the
applicable notice address set forth above and deemed delivered:
(1) When received in person if hand -delivered,
(2) On the next day after being deposited with a recognized national overnight
courier,
(3) On the third day after being deposited in the U.S. Mail, certified letter, postage
prepaid, return receipt requested, or
(4) On the date of transmission of an email provided that email notice is transmitted
before 4:30 p.m. ET on a business day that is not a federal holiday or, if by email transmitted after 4:30 p.m.
ET on a business day, a day that is not a business day or on a federal holiday, on the next business day that
is not a Federal holiday to the following:
As to the City: City of Sebastian Attn: City Manager
1225 Main Street
Sebastian, Florida 32958
With a copy to: City of Sebastian Attn: City Attorney
1225 Main Street
Sebastian, Florida 32958
As to Schumann: Lawrence T. Maxwell
500 South Florida Avenue, Suite 700
Lakeland, Florida 33801
With a copy to: Timothy F. Campbell, Esquire
City of Sebastian Schumann Rd Parcel Exchange 2023
511'.�; �
260 of 562
Clark, Campbell, Lancaster, Workman & Airth, P.A.
500 South Florida Avenue, Suite 800
Lakeland, Florida 33801
Email: tcampbell(&clarkcamr)bell-law.com
or such other address as delivered in writing to the other party in accordance with this notice provision.
SECTION 12. BROKERS.
A. The parties represent and warrant to one another that they have not dealt with any
realtor, broker, or finder concerning the Parcels to be conveyed.
B. Each representation, warranty and agreement contained in this Section shall survive
Closing and delivery of the instruments transferring title to the Parcel to be conveyed.
SECTION 13. DATE AND PLACE OF CLOSING; CLOSING AGENT.
This Agreement shall be closed, at Schumann's election (a) by exchange of documents and funds
by wire transfer and overnight mail, or (b) at the City Hall of the City of Sebastian, within ninety (90)
days after Effective Date (the "Closing Date") unless extended by the Parties. The law firm of Clark,
Campbell, Lancaster, Workman & Airth, P.A. shall function as Closing Agent and issuer of the title
insurance policies provided for herein.
SECTION 14. EXPENSES.
Schumann shall pay the cost of recording the deeds required for the Parcel Exchange. The
respective grantor Party shall pay for the cost and recording of any corrective title instruments related to
the grantor Party's Parcel.
SECTION 15. PRORATIONS AND ADJUSTMENTS.
Schumann shall be responsible for the prorated expenses, including, without limitation, real
property taxes and personal property taxes, as of the day before the Closing Date. Each grantor Party
shall be responsible for other customary prorated expenses for grantor Party's Parcel except as provided
for above herein.
SECTION 16. RISK OF LOSS.
In the event of any damage to the Parcel to be conveyed by fire or other casualty, this Agreement
may be terminated by the respective grantee Party.
SECTION 17. RADON; FLOOD PRONE AREAS; ASBESTOS; SOILS.
Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in
sufficient quantities, may present a health risk to persons who are exposed to it over time. Levels of
radon that exceed Federal and State guidelines have been found in buildings in Florida. Additional
information regarding radon and radon testing may be obtained from the Indian River County health
department. Likewise, the Parcels may be subject to flooding, and it is the obligation of the respective
City of Sebastian Schumann Rd Parcel Exchange 2023
61l'.iLL
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grantee Party to ensure that they are satisfied with the condition of the respective Parcel to be conveyed
to it in all respects. Also, the Parties recognize that the Parcels may contain flood prone areas or asbestos
and require mitigation or remediation. Also, soil conditions may affect the usability of a Parcel. Thus, it
is incumbent upon the grantee Party to evaluate any and all such matters to determine if the Parcel to be
conveyed to it is acceptable to that Party in its sole and absolute discretion within the Inspection Period.
SECTION 18. PUBLIC RECORDS/RECORDATION.
This Agreement shall not be recorded in public records of Indian River County but will become a
part of the City's official records. The Parties acknowledge that they are subject to the Florida Public
Records Law and cannot prevent disclosure of this Agreement except as set forth in Section 166.045 and
Section 119.0713, Florida Statutes, and Article I, Section 24 of the Constitution of the State of Florida.
SECTION 19. HEIRS AND ASSIGNS.
The provisions of this Agreement shall bind and inure to the benefit of the successors and assigns
of the Parties. The respective grantee Party may assign its rights hereunder. Any such assignment shall be
by written instrument executed by the respective grantee Party and such assignee. Any such assignee
shall assume and agree to perform all of the obligations of the respective grantee Party within such
assignment.
SECTION 20. GOVERNING/CONTROLLING LAW.
This Contract shall be governed by, and construed and enforced in accordance with the laws of
the State of Florida.
SECTION 21. VENUE/WAIVER OF JURY TRIAL.
Venue for any dispute shall be in the appropriate Court in the 19th Judicial Circuit Court in and
for Indian River County, Florida. Parties agree to waive any right to trial by jury in the event of litigation
arising hereunder.
SECTION 22. LITIGATION COSTS.
In connection with any litigation including, but not limited to, appellate proceedings, arising out
of this Agreement, the prevailing party shall be entitled to recover all legal charges, expenses, costs and
reasonable attorney's fees.
SECTION 23. SECTION HEADINGS/CAPTIONS.
The section headings herein contained are inserted for convenience of reference only and shall
not be deemed to be a part of this Agreement; they shall be ignored in construing this Agreement.
SECTION 24. CONSTRUCTION OR INTERPRETATION OF AGREEMENT.
The fact that one of the parties may be deemed to have drafted or structured any provision hereof
shall not effect the interpretation of this Agreement and this Agreement is the result of bona fide arms
length negotiations by and between the Parties and, accordingly, the fact that one or another Party drafted
this Agreement, or any part of it, shall not be considered in construing the particular provision either in
711'
City of Sebastian Schumann Rd Parcel Exchange 2023
262 of 562
favor of or against such Party. Both Parties have contributed substantially and materially to the drafting
of this Agreement.
SECTION 25. COUNTERPARTS.
This Agreement may be executed by the Parties in any number of counterparts, each of which
shall be deemed an original, and all such counterparts shall be deemed one and the same Agreement.
Each such executed counterpart shall have the full force and effect of an original executed instrument. In
the event this Agreement is executed in counterparts, the Effective Date of this Agreement shall be
determined with reference to the date of the last execution of any of the counterparts.
SECTION 26. TIME OF THE ESSENCE.
Time is of the essence in the performance of the Agreement. The Parties agree that they shall
diligently and expeditiously pursue their respective obligations set forth in this Agreement.
SECTION 27. ENTIRE CONTRACT; INTEGRATION OF TERMS; MODIFICATION.
This Agreement (and all exhibits thereto, if any) constitutes the entire understanding and
agreement between the parties hereto with respect to the subject matter hereof and supersedes all prior
and contemporaneous agreements and understandings of the Parties. No modification or amendment of
this Agreement shall be valid and binding upon the parties unless in writing and executed by the parties
to be bound thereby. Each person executing this Agreement on behalf of a Party warrants and represents
that such person has such Party's full authorization to do so.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK; SIGNATURE PAGES TO FOLLOW]
City of Sebastian Schumann Rd Parcel Exchange 2023
81P;iilc
263 of 562
IN WITNESS WHEREOF, the Parties hereto have executed and delivered this Agreement on
the day and year indicated below and the signatories below hereby represent that they have full authority
to execute this Agreement and to bind each Party set forth below.
Attest:
By:
Signature Witness # 1
Printed Name:
By:
Signature Witness # 1
Printed Name:
Attest:
Jeanette Williams, MMC
City Clerk
Approved as to Form and Legality.
Jennifer Cockcroft, Esq.
City Attorney
City of Sebastian Schumann Rd Parcel Exchange 2023
SCHUMANN ROAD INDIAN RIVER, LLC,
a Florida limited liability company
By:
Lawrence T. Maxwell, as Manager
Date:
CITY OF SEBASTIAN
BY:
Fred Jones, Mayor
Date:
91Page
264 of 562
Exhibit "A"
Citv Exchange Parcel
A PARCEL OF LAND BEING A PORTION OF LOT 8, BLOCK 406, SEBASTIAN HIGHLANDS UNIT 7, AS
RECORDED IN PLAT BOOK 6, PAGE 6, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY,
FLORIDA, AND BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHWEST CORNER OF LOT 8 OF SAID PLAT; SAID POINT BEING ON THE NORTH
RIGHT-OF-WAY LINE OF SCHUMANN DRIVE; THENCE DEPART SAID NORTH RIGH-OF-WAY LINE
AND RUN N25°28'10"E, ALONG THE EAST LINE OF SAID LOT 8, FOR A DISTANCE OF 105.00 FEET TO
THE NORTHWEST CORNER OF SAID LOT 8; THENCE RUN S69°42'41 "E, ALONG THE NORTH LINE OF
SAID LOT 8, FOR A DISTANCE OF 28.11 FEET; THENCE DEPART SAID NORTH LINE AND RUN
S25°28'10"W, FOR A DISTANCE OF 108.56 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF
SAID SCHUMANN DRIVE; SAID POINT ALSO BEING A POINT ON A CURVE CONCAVE TO THE
SOUTHWEST AND HAVING A RADIUS OF 384.73 FEET, A CHORD BEARING OF N62°26'44"W, AND A
CHORD LENGTH OF 28.01 FEET; THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE
AND NORTH RIGHT-OF-WAY LINE, FOR A DISTANCE OF 28.02 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS APPROXIMATELY 2984.6 SQUARE/FEET OR 0.7 ACRES, MORE OR LESS
C%H[Brt A'
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City of Sebastian Schumann Rd Parcel Exchange 2023
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Exhibit "B"
Schumann Exchange Parcel
A PARCEL OF LAND BEING A PORTION OF TRACT B, SEBASTIAN HIGHLANDS, UNIT NO.7,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 6, PAGE 6, OF THE PUBLIC
RECORDS OF INDIAN RIVER COUNTY, FLORIDA, SAID PARCEL BEING MORE PARTICULARLY
BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT B, RUN S26°36'30"E, ALONG THE EAST
LINE OF SAID TRACT B, FOR A DISTANCE OF 33.83 FEET TO THE POINT OF BEGINNING OF THE
HEREIN DESCRIBED PARCEL OF LAND:
FROM SAID POINT OF BEGINNING, CONTINUE ALONG SAID EAST LINE, S26°36'30"E, FOR A
DISTANCE OF 149.34 FEET TO THE NORTHEAST CORNER OF LOT 8, BLOCK 406, OF SAID PLAT;
THENCE RUN N6904241 "W, ALONG THE NORTH LINE OF SAID LOT 8, FOR A DISTANCE OF 77.66
FEET; THENCE DEPART SAID NORTH LINE AND RUN N25°28'10"E, FOR A DISTANCE OF 15.97 FEET
TO A POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE WEST AND HAVING A
RADIUS OF 105.00 FEET, A CHORD BEARING OF N00°34'05"W, AND A CHORD LENGTH OF 92.18 FEET;
THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF
52004'28", FOR A DISTANCE OF 95.43 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS APPROXIMATELY 0.07 ACRES OR 2977.43 SQUARE/FEET MORE OR LESS.
SKETCH OF LEGAL DESCRIPTION
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City of Sebastian Schumann Rd Parcel Exchange 2023
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266 of 562
Exhibit "C"
PUBLIC BENEFIT PLAN
• THE PARCEL EXCHANGE IMPROVES THE CITY'S ACCESSIBLITY TO ITS PARK;
• ADDITIONAL LANDSCAPING ON THE CITY'S SIDE OF THE SHARED PARCEL BOUNDARY;
+ A LANDSCAPED MEDIAN THAT ACCOMPANIES THE EASTBOUND LEFT TURN LANE INTO
THE SCHUMANN ROAD INDIAN RIVER PARCEL;
• LANDSCAPE IMPROEMENT FOR EXISTING MONUMENT ON NORTH SIDE OF SCHUMANN
DRIVE; AND
• CONSTRUCTION OF APPROXIMATELY 580-1- LINEAL FEET OF PUBLIC SIDEWALK FROM THE
SCHUMANN ROAD INDIAN RIVER PARCEL TO THE RAILROAD TRACKS.
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'PROPOSED
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267 of 562
This Instrument Prepared By:
Timothy F. Campbell, Esquire
Clark, Campbell, Lancaster, Workman & Airth, P.A.
500 South Florida Avenue, Suite 800
Lakeland, Florida 33801
tcam bellLnCMarkeampbell-law.com
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED is made this day of September, 2023, between
SCHUMANN ROAD INDIAN RIVER, LLC, a Florida limited Iiability company, whose
address is 500 South Florida Avenue, Suite 700, Lakeland, Florida 33801 (the "Grantor") and the
CITY OF SEBASTIAN, a municipal corporation of the State of Florida, whose address is 1225
Main Street, Sebastian, Florida 32958 (the "Grantee").
WITNESSETH: That said Grantor, for and inconsideration of the sum of Ten and No1100
Dollars ($10.00) and other valuable consideration, receipt and sufficiency whereof is hereby
acknowledged, hereby grants, bargains, sells, aliens, remises, conveys, and conforms unto the
Grantee, all that certain land situate in Indian River County, Florida:
Land described on attached Exhibit "A" incorporated herein (the "Property")
A portion of parcel ID Numbers: 31391700002406000004.0, 31391700002000100000.0,
31391700002406000007.0 and 3139I700002406000001.0
This conveyance is subject to:
1. Conditions, restrictions, limitations and easements of record, if any, but this
provision shall not operate to re -impose the same.
2. Zoning and other governmental regulations.
3. Taxes and assessments for 2023 and subsequent years.
Grantor hereby covenants with Grantee that Grantor is lawfully seized of the Property in fee
simple; that Grantor has good right and lawful authority to sell and convey the Property; that Grantor
hereby fully warrants the title to the Property and will defend the same against the lawful claims of
all persons claiming by, through or under Grantor.
IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal the day and year
first above written.
SIGNATURE APPEARS ON SUBSEQUENT PAGE
Special Warranty Deed
Page 1
268 of 562
Signed, sealed and delivered in our presence:
Witness
Print Name:
Witness
Print Name:
STATE OF FLORIDA
COUNTY OF
SCHUMANN ROAD INDIAN RIVER, LLC,
a Florida limited liability company
Lawrence T. Maxwell, as Manager
The foregoing instrument was acknowledged before me by means of (X) physical presence
or ( ) online notarization, this day of September, 2023, by Lawrence T. Maxwell, as Manager
of Schumann Road Indian River, LLC, a Florida limited liability company, on behalf of the
company, ( ) who is personally known to me or ( ) has produced
as identification.
(NOTARY SEAL)
Notary Public
Print Name:
My Commission Expires:
Special Warranty Deed
Page 2
269 of 562
EXHIBIT "A"
LEGAL DESCRIPTION AND SKETCH
A PARCEL OF LAND BEING A PORTION OF LOT 8, BLOCK 406, SEBASTIAN HIGHLANDS
UNIT 7, AS RECORDED IN PLAT BOOK 6, PAGE 6, OF THE PUBLIC RECORDS OF INDIAN
RIVER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY BOUNDED AND
DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHWEST CORNER OF LOT 8 OF SAID PLAT; SAID POINT BEING ON
THE NORTH RIGHT-OF-WAY LINE OF SCHUMANN DRIVE; THENCE DEPART SAID
NORTH RIGH-OF-WAY LINE AND RUN N25028'10"E, ALONG THE EAST LINE OF SAID
LOT 8, FOR A DISTANCE OF 105.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 8;
THENCE RUN S69042'41 "E, ALONG THE NORTH LINE OF SAID LOT 8, FOR A DISTANCE
OF 28.11 FEET; THENCE DEPART SAID NORTH LINE AND RUN S25°28'10"W, FOR A
DISTANCE OF 108.56 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF SAID
SCHUMANN DRIVE; SAID POINT ALSO BEING A POINT ON A CURVE CONCAVE TO THE
SOUTHWEST AND HAVING A RADIUS OF 384.73 FEET, A CHORD BEARING OF
N62026'44"W, AND A CHORD LENGTH OF 28.01 FEET; THENCE RUN NORTHWESTERLY,
ALONG THE ARC OF SAID CURVE AND NORTH RIGHT-OF-WAY LINE, FOR A DISTANCE
OF 28.02 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS APPROXIMATELY 2984.6 SQUARE/FEET OR 0.7 ACRES, MORE
OR LESS
Special Warranty Deed Page 3
270 of 562
This instrument Prepared By:
Timothy F. Campbell, Esquire
Clark, Campbell, Lancaster, Workman & Airth, P.A.
500 South Florida Avenue, Suite 800
Lakeland, Florida 33801
tampbell[ clarkcampbell-law.com
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED is made this day of September, 2023, between
the CITY OF SEBASTIAN, a municipal corporation of the State of Florida, whose address is
1225 Main Street, Sebastian, Florida 32958 (the "Grantor") and SCHUMANN ROAD INDIAN
RIVER, LLC, a Florida limited liability company, whose address is 500 South Florida Avenue,
Suite 700, Lakeland, Florida 33801 (the "Grantee").
WITNESSETH: That said Grantor, for and in consideration of the sum of Ten and No/l00
Dollars ($10.00) and other valuable consideration, receipt and sufficiency whereof is hereby
acknowledged, hereby grants, bargains, sells, aliens, remises, conveys, and conforms unto the
Grantee, all that certain land situate in Indian River County, Florida:
Land described on attached Exhibit "A" incorporated herein (the "Property")
A portion of Parcel ID Number: 31391700002000200000.0
This conveyance is subject to:
1. Conditions, restrictions, limitations and easements of record, if any, but this
provision shall not operate to re -impose the same.
2, Zoning and other governmental regulations.
3. Taxes and assessments for 2023 and subsequent years.
IT IS EXPRESSLY UNDERSTOOD and acknowledged by the GRANTOR
and by the GRANTEE, by acceptance of this deed, that, in accordance with Section
270.11(3), Florida Statutes, the GRANTEE has petitioned the GRANTOR for the
release of the undivided three -fourths interest in, and title in and to the undivided
three -fourths interest in, all the phosphate, minerals, and metals that are or maybe in,
on or under the said land and the undivided one-half interest in all the petroleum that
is or may be in, on or under the said land all as set forth in Section 270.11(1), Florida
Statutes, and that the GRANTOR by this deed includes the conveyance of the
GRANTOR'S interest in all phosphate, minerals, and metals that are or maybe in, on
or under the said land and interest in all petroleum that is or maybe in or on or under
the said land.
Special Warranty Deed
Page 1
272 of 562
Grantor hereby covenants with Grantee that Grantor is lawfully seized of the Property in fee
simple; that Grantor has good right and lawful authority to sell and convey the Property; that Grantor
hereby fully warrants the title to the Property and will defend the same against the lawful claims of
all persons claiming by, through or under Grantor.
IN WITNESS WHEREOF, Grantor has hereunto set Grantor's hand and seal the day and year
first above written.
SIGNATURE APPEARS ON SUBSEQUENT PAGE
Special Warranty Deed
Page! 2
273 of 562
Signed, sealed and delivered in our presence:
ATTEST:
CITY OF SEBASTIAN, a municipal
corporation of the State of Florida
In
Print Name: Print Name:
City Clerk Title:
Approved as to Form and Legal Sufficiency.
Print Name:
City Attorney
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me by means of (X) physical presence
or ( ) online notarization, this day of September, 2023, by
, as of the City of
Sebastian, on behalf of the City, { ) who is personally known to me or ( ) has produced
as identification.
(NOTARY SEAL)
Notary Public
Print Name:
My Commission Expires:
Special Warranty Deed
Page 3
274 of 562
EXHIBIT G6A"
LEGAL DESCRIPTION AND SKETCH
A PARCEL OF LAND BEING A PORTION OF TRACT B, SEBASTIAN HIGHLANDS, UNIT
NO.7, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 6, PAGE 6,
OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, SAID PARCEL BEING
MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT B, RUN S26036130"E,
ALONG THE EAST LINE OF SAID TRACT B, FOR A DISTANCE OF 33.83 FEET TO THE
POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND:
FROM SAID POINT OF BEGINNING, CONTINUE ALONG SAID EAST LINE, S26°36'30"E,
FOR A DISTANCE OF 149.34 FEET TO THE NORTHEAST CORNER OF LOT 8, BLOCK 406,
OF SAID PLAT; THENCE RUN N69°42'41 "W, ALONG THE NORTH LINE OF SAID LOT 8,
FOR A DISTANCE OF 77.66 FEET; THENCE DEPART SAID NORTH LINE AND RUN
N25"28'10"E, FOR A DISTANCE OF 15.97 FEET TO A POINT OF CURVATURE OF A
TANGENT CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 105.00 FEET, A
CHORD BEARING OF N00°34'05"W, AND A CHORD LENGTH OF 92.18 FEET; THENCE
RUN NORTHERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE
OF 52004'28", FOR A DISTANCE OF 95.43 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS APPROXIMATELY 0.07 ACRES OR 2977.43 SQUARE/FEET
MORE OR LESS.
Special Warranty Deed
Page 4
275 of 562
Old Republic National Title Insurance Company
AMERICAN LAND TITLE ASSOCIATION
COMMITMENT
Schedule A
Transaction Identification Data for reference only:
Commitment Number:
Revision Number:
Issuing Office File Number:
Issuing Office:
1428784
None
22-0901Z (A)
7772
Property Address:
Loan ID Number:
ALTA Universal ID:
Issuing Agent:
610 Schumann Drive,
None
1037677
Clark, Campbell, Lancaster,
Sebastian, FL 32958
Workman & Airth, P.A.
1. Commitment Date: July 27, 2023 cQ 11:00 PM
2. Policy to be issued: Proposed Policy Amount:
OWNER'S: ALTA Owner's Policy (6/17/06) (With Florida Modifications) $24,000.00
Proposed Insured: City of Sebastian, a municipal corporation of the State of Florida
MORTGAGEE: ALTA Loan Policy (6/17/06) (With Florida Modifications) $
Proposed Insured:
3. The estate or interest in the Land described or referred to in this Commitment is FEE SIMPLE. (Identify estate
covered, i.e., fee, leasehold, etc.)
4. Title to the estate or interest in the Land is at the Commitment Date vested in:
Schumann Road Indian River, LLC, a Florida limited liability company
5. The Land is described as follows:
A parcel of land being a portion of Lot 8, Block 406, Sebastian Highlands Unit 7, as recorded in Plat Book 6, Page 6,
of the Public Records of Indian River County, Florida, and being more particularly bounded and described as follows:
Begin at the Southwest corner of Lot 8 of said Plat; said point being on the North Right of Way line of Schumann
Drive; Thence depart said North Right of Way line and run N 25°28'10" E, along the East line of said Lot 8, i:or a
distance of 105.00 feet to the Northwest corner of said Lot 8; Thence run S 69°42'41" E, along the North line of said
OLD REPUBLIC NATIONAL TYILE INSURANCE COMPANY
400 Seer/hd Av.;sue South,
icapo {, 14anesom 3 12) 371-1111
r
IZE IGNATORY
by F. Campbell
Esquire
This page is only a part of a 2016 ALTA Commitment jor Titre Insurance. This Commitment is not valid without the Notice; the Commitment to Issue
Policy; the Commitment Conditions; Schedule A; Schedule B, Part I— Requirements; and Schedule B, Part ll— Exceptions.
Page 1 of 4
FORM CF6R SCH. A (8/1/16XWith Florida Modificatioas)
277 of 562
Old Republic National Title Insurance Company
AMERICAN LAND TITLE ASSOCIATION
COMMITMENT
Schedule A (Continued)
Issuing Office File Number: 22-0901Z (A)
Lot 8, for a distance of 28.11 feet; Thence depart said North line and run S 25�28'10" W, for a distance of 108.56 feet
to a point on the North Right of Way line of said Schumann Drive; said point also being a point on a curve concave to
the Southwest and having a radius of 384.73 feet, a chord bearing of N62°26'44" W, and a chord length of 28.01 feet;
Thence run Northwesterly along the arc of said curve and North Right of Way line, for a distance of 28.02 feet to the
Point of Beginning.
This page is only apart of a 2016 ALTA Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue
Policy; the Commitment Conditions; Schedule A; Schedule B, Part I— Requirements; and Schedule B, Part II — Exceptions.
Page 2 of 4
FORM CF6R SCR A (Continued) (8/1 /16xwith Florida Modifications)
278 of 562
Old Republic National Title Insurance Company
AMERICANLAND TITLE ASSOCIATION
COMMITMENT
Schedule B-I
Issuing Office File Number: 22-0901Z (A)
Requirements
All of the following requirements must be met:
1. The Proposed Insured must notify the Company in writing of the name of any party not referred to in this
Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then
make additional Requirements or Exceptions.
2. Pay the agreed amount for the estate or interest to be insured.
3. Pay the premiums, fees, and charges for the Policy to the Company.
4. Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be
properly authorized, executed, delivered, and recorded in the Public Records.
A. Warranty Deed from Schumann Road Indian River, LLC, a Florida limited liability company, to the proposed
insured purchaser(s).
5. An update of the title search must be completed just prior to the closing and the commitment must be endorsed to
require clearance of, or take exception for, any additional title defects or adverse matters found.
6. The Property Appraiser reflects that the property is vacant/unimproved. Fund Member must independently verify
that the person represented to be the seller is the true owner of the property to be insured.
7. No open mortgage(s) were found of record. Agent should confirm with the owner that the property is free and clear.
8. Satisfactory evidence must be fiunished establishing that Schumann Road Indian River, LLC, a Florida limited
liability company is duly organized, validly existing, and in good standing under the laws of the jurisdiction of
formation from the date of acquisition through the date of transfer.
9. Confirm the authority of the individual designated to bind the LLC by the laws of its jurisdiction of formation, and
where the authority is not confirmed by public records, record appropriate evidence of authority.
10. Resolution by the City of Sebastian accepting the conveyance to be insured herein.
This page is only a part of a 2016 ALTA Commitment for 71tle Insurance. This Commitment is not valid without the Notice; the Commitment to Issue
Policy; the Commitment Conditions;Schedule A; Schedule A Part I— Requirements; and Schedule B, Part 11— 6sceptions.
Page 3 of 4
FORM CF6R SCH. B-1 (811/16)(With Florida Modifications)
279 of 562
Old Republic National Title Insurance Company
AMERICAN LAND TITLE ASSOCIATION
COMMITMENT
Schedule B-H
Issuing Office File Number: 22-0901 Z (A)
Exceptions
THIS COMMITMENT DOES NOT REPUBLISH ANY COVENANT, CONDITION, RESTRICTION, OR
LIMITATION CONTAINED IN ANY DOCUMENT REFERRED TO IN THIS COMMITMENT TO THE EXTENT
THAT THE SPECIFIC COVENANT, CONDITION, RESTRICTION, OR LIMITATION VIOLATES STATE OR
FEDERAL LAW BASED ON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, GENDER IDENTITY,
HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN.
The Policy will not insure against loss or damage resulting from the terms and provisions of any lease or easement
identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company:
1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the Public Records
or attaching subsequent to the Commitment Date hereof but prior to the date the Proposed Insured acquires for value
of record the estate or interest or Mortgage thereon covered by this Commitment.
2. a. General or special taxes and assessments required to be paid in the year 2023 and subsequent years.
b. Rights or claims of parties in possession not recorded in the Public Records.
C. Any encroachment, encumbrance, violation, variation or adverse circumstance that would be disclosed by an
inspection or an accurate and complete land survey of the Land and inspection of the Land.
d. Easements or claims of easements not recorded in the Public Records.
e. Any lien, or right to alien, for services, labor or material furnished, imposed by law and not recorded in the
Public Records.
3. Any Owner's Policy issued pursuant hereto will contain under Schedule B the following exception: Any adverse
ownership claim by the State of Florida by right of sovereignty to any portion of the Land insured hereunder,
including submerged, filled and artificially exposed lands, and lands accreted to such lands.
4. Any lien provided by County Ordinance or by Chapter 159, F.S., in favor of any city, town, village or port authority,
for unpaid service charges for services by any water systems, sewer systems or gas systems serving the land
described herein; and any lien for waste fees in favor of any county or municipality.
5. Rights of the lessees under unrecorded leases.
6. All matters contained on the Plat of Sebastian Highlands Unit 7, as recorded in Plat Book 6, Page 6, as affected by
Assignment of Plat and other Easements recorded in O. R. Book 1000, Page 984, O.R. Book 1000, page 989, O.R.
Book 1074, Page 136, O.R. Book 1074, Page 140, of the Public Records of Indian River County, Florida.
7. Covenants, conditions, and restrictions recorded in O.R. Book 99, Page 346, Public Records of Indian River County,
Florida.
8. Riparian and littoral rights are not insured.
This page is only apart of a 2016 ALTA Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to Issue
Policy; the Comtntiment Conditions; Schedule A; Schedule B, Par(I— Requirements; and Schedule B, Part II— Exceptions.
Page 4 of 4
FORM CF6R SCH. B-11(8/l/16)(With Florida Modifications)
280 of 562
AMERICAN LAND TITLE ASSOCIATION
COMMITMENT FOR TITLE INSURANCE
ISSUED BY OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
NOTICE
EUPORTANT-READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE
INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING
THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT.
THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL
OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE
PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING
ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED
SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACI'UAL LIABILITY
TO ANY PERSON, INCLUDING A PROPOSED INSURED.
THE COMPANY'S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED
INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS
COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF
THIS COMMITMENT TO ANY OTHER PERSON.
COMMITMENT TO ISSUE POLICY
Subject to the Notice; Schedule B, Part I -Requirements; Schedule B, Part Il-Exceptions; and the Commitment Conditions, Old
Republic National Title Insurance Company, a Florida Corporation (the "Company"), commits to issue the Policy according to the
terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each
Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the
Proposed Policy Amount and the name of the Proposed Insured.
If all of the Schedule B, Part I -Requirements have not been met within 6 months after the Commitment Date, this Commitment
terminates and the Company's liability and obligation end.
This page is only a part of a 2016 ALTA Commitment for Title Insurance. This Commitment is not valid without the Notice; the
Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements,and Schedule B, Pan
H-Exceptions.
Issued through the Office of OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
A 5txk Cianway
Clark, Campbell, Lancaster, Workman & Airth, P.A. - i400l371-111venue souA Minneapolis, Minnesota 554ur
7772
500 South Florida Avenue
Suite 800
�c
I_sicel• d, FL 1 * * 8y Presidenr
T T
Seuetaiy
Author ed Sr ory * it
it F. Campbell
Esquire
FORM CF6R (811116) (With Florida Modifications)
File Dumber: 22-09017 (A)
Page 1 of 3
DoubleTirne� 9.2
281 of 562
Commitment Conditions
DEFINITIONS
(a) "Knowledge" or "Known": Actual or imputed knowledge, but not constructive notice imparted by the Public Records.
(b) "Land": The land described in Schedule A and affixed improvements that by law constitute real property. The term "Land" does
not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in
abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of
access to and from the Land is to be insured by the Policy.
(c) "Mortgage": A mortgage, deed of trust, or other security instrument, including one evidenced by electronic means authorized by
law.
(d) "Policy": Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by
the Company pursuant to this Commitment.
(e) "Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this
Commitment.
(f) "Proposed Policy Amount": Each dollar amount specified in Schedule A as the Proposed Policy Amount of each Policy to be
issued pursuant to this Commitment.
(g) "Public Records": Records established under state statutes at the Commitment Date for the purpose of imparting constructive
notice of matters relating to real property to purchasers for value and without Knowledge.
(h) "Title": The estate or interest described in Schedule A.
2. If all of the Schedule B, Part I -Requirements have not been met within the time period specified in the Commitment to Issue Policy,
this Commitment terminates and the Company's liability and obligation end.
3. The Company's liability and obligation is limited by and this Commitment is not valid without:
(a) the Notice;
(b) the Commitment to Issue Policy,
(c) the Commitment Conditions;
(d) Schedule A;
(e) Schedule B, Part I -Requirements;
(f) Schedule B, Part II -Exceptions; and
(g) a counter -signature by the Company or its issuing agent that may be in electronic form.
4. COMPANY'S RIGHT TO AMEND
The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance,
adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited
by Commitment Condition 5. The Company shall not be liable for any other amendment to this Commitment.
5. LIMITATIONS OF LIABILITY
(a) The Company's liability under Commitment Condition 4 is limited to the Proposed Insured's actual expense incurred in the
interval between the Companys delivery to the Proposed Insured of the Commitment and the delivery of the amended
Commitment, resulting from the Proposed Insured's good faith reliance to:
(i) comply with the Schedule B, Part I -Requirements;
(ii) eliminate, with the Company's written consent, any Schedule B, Part II -Exceptions; or
(iii) acquire the Title or create the Mortgage covered by this Commitment,
This page is only apart of a 2016 ALTA Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to
Issue Policy; the Commitment Conditions, Schedule A; Schedule B, Part I— Requirements; and Schedule B, Part 11— Exceptions.
FORM CF611 (811116) (With Florida Modifications)
Page 2 of 3
DoubleTime09.2
282 of 562
(b) The Company shall not be liable under Commitment Condition 5(a) if the Proposed Insured requested the amendment or had
knowledge of the matter and did not notify the Company about it in writing.
(c) The Company will only have liability under Commitment Condition 4 if the Proposed Insured would not have incurred the
expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured.
(d) The Company's liability shall not exceed the lesser of the Proposed Insured's actual expense incurred in good faith and described
in Commitment Conditions 5(a)(i) through 5(a)(iii) or the Proposed Policy Amount.
(e) The Company shall not be liable for the content of the Transaction Identification Data, if any.
(f) in no event shall the Company be obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part
I -Requirements have been met to the satisfaction of the Company.
(g) In any event, the Company's liability is limited by the terms and provisions of the Policy.
6. LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT
(a) Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment.
(b) Any claim must be based in contract and must be restricted solely to the terms and provisions of this Commitment.
(c) Until the Policy is issued, this Commitment, as last revised, is the exclusive and entire agreement between the parties with respect
to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of
any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment-
(d) The deletion or modification of any Schedule B, Part II -Exception does not constitute an agreement or obligation to provide
coverage beyond the terms and provisions of this Commitment or the Policy.
(e) Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the
Company.
(f) When the Policy is issued, all liability and obligation under this Commitment will end and the Companys only liability will be
under the Policy.
IF THIS COMMITMENT HAS BEEN ISSUED BY AN ISSUING AGENT
The issuing agent is the Company s agent only for the limited purpose of issuing title insurance commitments and policies The issuing
agent is not the Company's agent for the purpose of providing closing or settlement services.
8. PRO -FORMA POLICY
The Company may provide, at the request of a Proposed Insured, a pro -forme policy illustrating the coverage that the Company may
provide. A pro -forma policy neither reflects the status of Title at the time that the pro -forma policy is delivered to a Proposed Insured,
nor is it a commitment to insure.
This page is only a part of a 2016 ALTA Commitment for Title Insurance. This Commitment is not valid without the Notice; the Commitment to
Issue Policy, the Commitment Conditions; Schedule A; Schedule B, Part I— Requirements; and Schedule B, Part II — Exceptions.
FORM CF6R (8M116) (With Florida Modifications)
Page 3 of 3
DoubleTimo® 9.2
283 of 562
LAND SWAP REQUEST
284 of 562
V mm CLARK, CAMPBELL, LANCASTER,
WORKMAN & AIRTH, P.A.
ou ATTORNEYS AT LAW
TIMOTHY F. CAMPBELL
Board Certified Real Estate Attomey
Board Certified City, County & Local Govemmcot Attorney
Land Use and Toning I Cotntnercial Real Estate I Corporate Law
teampbell(ti,clarkcanipbell-law.com
May 26, 2023
Lisa Frazier, Director
City of Sebastian Community Development
1225 Main Street
Sebastian, Florida 32958
Re: Land Swap and Entitlement Applications
Schumann Road Indian River, LLC
Property: 600 Schumann Drive
Dear Ms. Frazier;
H. ADAMS AIRTH, JR.. LLM
KEVIN R. ALBAUM'
TIMOTHY F. CAMPBELL"
SABRINA t CHIANESE
RONALD L CLARK
KYLE H.JENSEN
J014N J. LANCASTER, LL.M.'
F-LLIOTT V- MITCHELL
PETER J. MUNSON
Mff— AF( F WnRKA14W
BOARD CERTIFICATIONS:
1. REAL ESTATE 7. TAX LAW
7. CITY. COUNTY 3 LOCAL G,vERNMEN7
4. RLDER LAW
As a follow up to our conversations and previous conversations between you, Todd
Maxwell (owner representative) and Joe SchuIke (our project engineer), the correspondence serves
to outline the proposal by Schumann Road Indian River, LLC ("Schumann") for an exchange of
parcels of approximately .07 acres (the "Parcel Exchange") by and between Schumann and the
City of Sebastian (the "City") and for a land use and zoning application for the parcel to be
conveyed by the City to Schumann as part of the Parcel Exchange (the "Schumann Exchange
Parcel," and referred to as "Parcel B" in the appraisal report and other documents) to achieve
appropriate land use and zoning designations for the Schumann Exchange Parcel and to allow
Schumann's proposed use of the Schumann Exchange Parcel, together with the parcels adjacent
to the Schumann Exchange Parcel owned by Schumann (the "Subject Property"), for an
approximately 5,000 square foot convenience center with gas pumps and an approximately 7,500
square foot commercial retail center (together, the "Proposed Uses," and each a "Proposed Use").
The following are provided as the required submittals for the proposed Parcel Exchange:
1. A draft Agreement between the City and Schumann to allow for the Parcel Exchange.
2. A proposed ordinance for the City Council to adopt that authorizes the Parcel
Exchange, in accordance with Section 2-93, City of Sebastian Code of Ordinances, and
finds the terms and conditions of the Parcel Exchange to be in the public interest.
3. The filing fees for a pre -application ($100.00), small scale comprehensive plan
amendment application ($1,500.00) and rezoning application ($1,250.00), in the total
jfso Snuih Flnridn Avenue- Suite 900 • Lakelaod. Florida 33501 - Telr(ihoue: (863) 647-5337 • Facsiinile: (863) 647-5012
�� �v��.ciz�rk:camisElel!-late .cote' 285 of 562
Name: Lisa Frazier, Director
Subject. Land Swap and Entitlement Applications
Date: May 26, 2023
Page: Page 2 of 3
amount of $2,850.00 is being transmitted to you simultaneously with this
correspondence. We understand that Schumann will be billed for the advertising costs
for the ordinance authorizing the Parcel Exchange and that the expectation is that those
costs will be approximately $800.00.
4. Attachment 1 to this correspondence is a plan for the proposed Parcel Exchange that
depicts the .07 acre parcel proposed to be transferred by Schumann to the City ("City
Exchange Parcel," and referred to as "Parcel A" in the appraisal report and other
documents) in exchange for the .07 acre Schumann Exchange Parcel proposed to be
transferred by the City to Schumann.
5. Attachment 2 to this correspondence is an appraisal report that reflects a market value
for the City Exchange Parcel and the Schumann Exchange Parcel to demonstrate that
the two parcels are of relatively equal value.
6. Attachment 3 to this correspondence is a survey for the City Exchange Parcel,
Schumann Exchange Parcel and Subject Property.
7. Attachment 4 to this correspondence is the Warranty Deed by which the Schumann
took title to the City Exchange Parcel to demonstrate unity of title.
8. Attachment 5 to this correspondence is an analysis of the benefit to the City of
Sebastian resulting from the proposed Parcel Exchange. Please see Attachment 9
below regarding a site plan depicting the improvements that Schumann commits to
construct as part of its development of the Proposed Uses on the Subject Property.
9. Attachment 6 is the owner authorization for the Schumann Parcel signed on behalf of
the property owner to allow the proposed parcel exchange, and land use and zoning
applications for the Schumann Exchange Parcel.
10. Attachment 7 is the Development Review Application for a small scale land use
amendment and a request for rezoning application for the Schumann Exchange Parcel
a. Land Use - from institutional to General Commercial.
b. Zoning - Public Service to Commercial General:
*Commercial General is consistent with the Subject Property.
11. Attachment 8 to this correspondence is an exhibit that depicts the additional
improvements that Schumann will construct as part of its development of the Subject
Property for the benefit of the City of Sebastian and the public.
12. Attachment 9 is the proposed Agreement referenced above.
13. Attachment 10 is the proposed Ordinance referenced above.
500 South Floridn Avenue. Suite 800 • Lakeland. Florida 33801 • Telephone: (863) 6-17-5337 • Facsimile: (863) 647-5012
�. a .. ciar'kcampbdI -Iw .coin 286 of 562
Name: Lisa Frazier, Director
Subject: Land Swap and Entitlement Applications
Date: May 26, 2023
Page: Page 3 of 3
Please review the documents that have been submitted and advise if you have any questions
or continents regarding the documents and information that we have submitted and if you require
any additional documents or information. Please also advise, when appropriate, the cost for the
publication of public notice for the ordinance to be adopted by the City Council.
Finally, please let us know the schedule (meeting and hearing dates and times) that we will
follow to process the Parcel Exchange, the land use application and the zoning application.
Thanks very much for your assistance in this matter. We look forward to working with
you on the several applications.
'cerely,
Timothy . Campbel
Attachments
Copy: Client (transmitted by email)
Kelly Hyvonen (transmitted by email)
Joseph W. Schulke, P.E. (transmitted by email)
287 of 562
ATTACHMENT 2
A RESTRICTED REPORT OF THE TWO
LAND PARCELS PLANNED FOR EXCHANGE
LOCATED AT 600 AND 630 SCHUMANN DRIVE
CITY OF SEBASTIAN, FLORIDA
APPRAISAL #46546
289 of 562
ARMFIELD-WAGNER APPRAISAL & RESEARCH, INC.
PETER D. ARMFIELD, MAI CERT GEN RZ524
DANIEL A. NELSON, CERT GEN RZ897
September 15, 2022
Mr. Todd Maxwell
500 South Florida Ave., #700
Lakeland, FL 33801
Dear Mr. Maxwell:
194010TH AVENUE, P.O. BOX 791
VERO BEACH, FLORIDA 32960
TELEPHONE (772) 562-0532
Appraisal #46546
As requested, we have made a drive -by inspection of the commercial property located at 600
Schumann Drive in Sebastian, Florida. This is for the purpose of providing you with our
opinion of the Market Value of the two vacant parcels being considered for an exchange
between Schumann Road Indian River, LLC and the City of Sebastian. The effective date
of this restricted report is July 26, 2022.
The appraisal is provided to you in a Restricted Report format. The appraisal complies with
the reporting requirements set forth under Standards Rule 2-2(b) of the 2022-2023 Uniform
Standards of Professional Appraisal Practice (USPAP) for a Restricted Appraisal Report. The
subject property is physically described in the following restricted appraisal report, although
most of the subject valuation analysis is retained in our office files. The Restricted Use
Report provides only limited information in describing and analyzing the Market Value of the
subject property. Thus, the restricted report cannot be understood properly, without the
supporting data and analyses made to arrive at our opinion of the Market Value, with this
information retained in our office files.
The opinions expressed in this report and the value conclusion reported below are subject
to the limiting conditions and extraordinary assumptions on pages 1 - 3. Further, this
restricted report has a restriction that limits the use of this report to the client and the named
intended users.
The subject property is located at the northwest corner of U.S. #1 and Schumann Drive in the
City of Sebastian. This commercial parcel was recently acquired by Schumann Road Indian
River, LLC and contains an older medical office that is planned on being demolished and
removed. A new 7-11 service station, convenience store, and adjacent 8,000 square foot
commercial building are being considered. This site area has an irregular shape with around
380 +- feet of frontage along the west side of U.S. #1 and approximately 500 +- feet along
the north side of Schumann Drive. Zoning is CG, Commercial General. The western portion
of the site fronting along the north side of Schumann Drive is being considered for an
exchange with the City of Sebastian for an irregular shaped parcel to the northeast.
290 of 562
Mr. Todd Maxwell
September 15, 2022
Page Two
Appraisal #46546
For purposes of this restricted report and our valuation analysis we have described these
parcels as Parcels A and B.
Parcel A is described as the Schumann Road Indian River, LLC parcel planned for the
exchange. This parcel is located along the north side of Schuman Drive comprising the
western portion of their recently acquired site. It has a slightly irregular shape with overall
dimensions of around 28 +- feet by 105 +- feet of depth. Total site area is indicated at
approximately 2,985 +- square feet.
Parcel B is described as the City of Sebastian triangular parcel planned for the exchange.
This parcel is located adjacent to the northeast of Parcel A and consists of a portion of the
Schumann Drive park area located along the north side of Schumann Drive. This parcel is
located adjacent to the rear of the commercial site planned for the 7-11 development by
Schumann Road Indian River, LLC parcel. Zoning of this parcel is currently PS, Public
Service, but planned for re -zoning to CG, Commercial General, which is assumed for
purposes of our valuation analysis. Total site area is indicated at approximately 2,977 +-
square feet.
Our opinion of the Market Value of the fee simple estate of the subject parcels utilized the
Sales Comparison Approach. We considered comparable sales of commercial parcels in the
subject neighborhood and competing areas, along with current listings. Based on the data
and analysis made, which is retained in our office files, it is our opinion that the Market Value
of the fee simple estate of the subject site, as of July 26, 2022 is:
Parcel A - 600 Schumann Drive $24,000 Schumann Road Indian River, LLC
Parcel B - 630 Schumann Drive $18,000 City of Sebastian Park Land
The above Market Value conclusions have conditions and assumptions that are assumed to
be correct, as discussed in the appraisal report. It should be noted that if some or all of these
conditions or assumptions are not correct, it could affect our opinion of the Market Value, as
provided herein.
We trust this satisfies your appraisal requirements, but if you have any questions or require
any additional information, please do not hesitate to contact either of us.
Sincerely,
Daniel A. Nelson
State -Certified General
Real Estate Appraiser RZ897
Peter D. Armfield, MAI
State -Certified General
Real Estate Appraiser RZ524
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TABLE OF CONTENTS
LIMITING CONDITIONS AND UNDERLYING ASSUMPTIONS .................... 1
EXTRAORDINARY ASSUMPTIONS ......................................... 2
APPRAISAL SUMMARY .................................................. 4
INTRODUCTORY COMMENTS ............................................ 5
SCOPE OF WORK ...................................................... 6
OWNER OF PROPERTY AND SALES HISTORY .............................. 8
LEGAL DESCRIPTION................................................... 9
LEGAL DESCRIPTION .................................................. 10
LOCATION MAP ....................................................... 11
PROPERTY PHOTOGRAPHS TAKEN 7/26/22 ............................... 12
INDIAN RIVER COUNTY AREA DATA ...................................... 17
NEIGHBORHOOD...................................................... 17
ZONING.............................................................. 21
CONCURRENCY...................................................... 22
TAX INFORMATION.................................................... 22
UTILITIES............................................•............... 23
SITE DESCRIPTION.................................................... 24
COPY OF PLAT MAP ................................................... 25
AERIALMAP .......................................................... 26
COPY OF SITE PLAN ................................................... 28
CONCEPTUAL PLAN ................................................... 29
PARCEL A SURVEY SKETCH ............................................ 30
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TABLE OF CONTENTS (continued)
PARCEL B SURVEY SKETCH ............................................ 31
FLOODZONE ........................................................ 32
CENSUS TRACT ....................................................... 32
IMPROVEMENTS...................................................... 32
HIGHEST AND BEST USE ............................................... 33
VALUATION PROCESS ................................................. 35
SALES COMPARISON APPROACH ....................................... 35
MARKET VALUE CONCLUSION .......................................... 37
MARKETING TIME ..................................................... 37
REASONABLE EXPOSURE TIME ......................................... 37
CERTIFICATION OF APPRAISAL ......................................... 38
ADDENDUM - PROPERTY INFORMATION .................................. 40
QUALIFICATIONS OF THE APPRAISER .................................... 43
APPRAISAL LICENSES ................................................. 46
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LIMITING CONDITIONS AND UNDERLYING ASSUMPTIONS
1. The value given in this appraisal report represents the opinion of the signer as to the Value
AS OF THE DATE SPECIFIED. Values of real estate are affected by an enormous variety
of forces and conditions will vary with future conditions, sometimes sharply within a short
time. Responsible ownership and competent management are assumed.
2. No responsibility is assumed for the legal description or for matters including legal or title
considerations. Title to the property is assumed to be good and marketable unless otherwise
stated.
3. The property is appraised free and clear of any or all liens or encumbrances unless
otherwise stated.
4. The information furnished by others is believed to be reliable. No warranty, however, is
given for its accuracy.
5. All engineering is assumed to be correct. The plot plans and illustrative material in this
report are included only to assist the reader in visualizing the property.
6. It is assumed that there are no hidden or apparent conditions of the property, subsoil, or
structures that render it more or less valuable. No responsibility is assumed for such
conditions or for arranging for engineering studies that may be required to discover them.
7. It is assumed that there is full compliance with all applicable federal, state, and local
environmental regulations and laws unless noncompliance is stated, defined, and considered
in the appraisal report.
8. It is assumed that all applicable zoning and use regulations and restrictions have been
complied with, unless a nonconformity has been stated, defined, and considered in the
appraisal report.
9. It is assumed that all required licenses, certificates of occupancy, consents, or other
legislative or administrative authority from any local, state, or national government or private
entity or organization have been or can be obtained or renewed for any use on which the
value estimate contained in this report is based.
10. It is assumed that the utilization of the land and improvements is within the boundaries
of property lines of the property described and that there is no encroachment or trespass
unless noted in the report.
11. The distribution, if any, of the total valuation in this report between land and
improvements applies only under the stated program of utilization. The separate allocations
for land and buildings must not be used in conjunction with any other appraisal and are invalid
if so used.
12. Possession of this report, or a copy thereof, does not carry with it the right of publication.
It may not be used for any purpose by any person other than the party to whom it is
addressed without the written consent of the appraiser, and in any event only with proper
written qualification and only in its entirety.
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2
LIMITING CONDITIONS AND UNDERLYING ASSUMPTIONS (continued)
13. The appraiser herein by reason of this appraisal is not required to give further
consultation, testimony, or be in attendance in court with reference to the property in question
unless arrangements have been previously made.
14. Neither all nor any part of the contents of this report especially any conclusions as to
value, the identity of the appraiser, or the firm with which the appraiser is connected or any
reference to the Appraisal Institute, or the MAI or SRA designations shall be disseminated
to the public through advertising, public relations, news, sales, or other media without prior
written consent and approval of the appraiser.
15. Unless otherwise stated in this report, the existence of hazardous material, which may
or may not be present on the property, was not observed by the appraiser. The appraiser has
no knowledge of the existence of such materials on or in the property. The appraiser,
however, is not qualified to detect such substances. The presence of substances such as
asbestos, urea -formaldehyde foam insulation, or other potentially hazardous materials may
affect the value of the property. The value estimate is predicated on the assumption that
there is no such material on or in the property that would cause a loss in value. No
responsibility is assumed for any such conditions, or for any expertise or engineering
knowledge required to discover them.
16. The Contract for the appraisal of said premises is fulfilled by the signer hereto upon the
delivery of this report duly executed.
17. The appraiser has examined the available flood maps that are provided by the Federal
Emergency Management Agency and has noted in the appraisal report whether the subject
site is located in an identified Special Flood Hazard Area. Because the appraiser is not a
surveyor, he makes no guarantees, express or implied, regarding this determination.
18. The Americans with Disabilities Act (ADA) became effective January 26, 1992. We have
not made a specific compliance survey and analysis of this property to determine whether or
not it is in conformity with the various detailed requirements of the ADA. It is possible that a
compliance survey of the property, together with a detailed analysis of the requirements of
the ADA, could reveal that the property is not in compliance with one or more of the
requirements of the act. If so, this fact could have a negative effect upon the value of the
property. Since we have no direct evidence relating to this issue, we did not consider
possible noncompliance with the requirements of ADA in estimating the value of the property.
19. This appraisal report has extraordinary assumptions, as discussed on the following page
3. The use of these extraordinary assumptions may have affected the assignment results of
this appraisal report.
EXTRAORDINARY ASSUMPTIONS
Extraordinary assumptions are assignment -specific assumptions, as of the effective date,
about the subject property being appraised regarding uncertain information used in an
analysis. Should such assumptions be found to be false, the appraisers' conclusions or
opinions could be altered. This information might include physical, legal, or economic
characteristics of the subject property, or conditions external to the property, such as market
conditions or trends; or the integrity of the data used in an analysis.
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3
EXTRAORDINARY ASSUMPTIONS (continued)
1. Based on evidence from nearby properties and from utilities authorities, the subject
property is being appraised as if utilities are available to the property sufficient in capacity for
continued present use, along with development of the subject property to its Highest and Best
Use, at costs that are typical to competing properties.
2. It is assumed that the subject property does not have any adverse site factors, such as
fuel, oil, or other soil or environmental conditions, that are hazardous to the subject property.
3. The appraisal of the subject property is subject to confirmation by current survey of the
Legal Description used, all site dimensions, as well as the total site area indicated at
approximately 1.96 +- acres, per the site plan provided. The subject Parcel A site is indicated
to contain 2,985 square feet and Parcel B is reportedly 2,977 square feet in size. No
dimensions are available for these site areas. Any substantial size difference from our
estimates could affect the Market Value of the subject land (Parcels A & B), as provided
herein.
4. The purpose of this appraisal report is to provide our opinion of the Market Value of the
two vacant parcels being considered for an exchange between Schumann Road Indian River,
LLC and the City of Sebastian. The effective date of this restricted report is July 26, 2022.
Only a drive -by inspection has been made. We have considered the Market Value of these
two vacant land parcels as part of the site plan proposed for the 7-11 commercial
development, as provided by the client. It is assumed the City of Sebastian parcel B has
been re -zoned from PS, Public Service to CG, Commercial General for purposes of our
valuation analysis.
5. Per our agreement, the appraisal is provided in a Restricted Report format. This
restricted appraisal complies with the reporting requirements set forth under Standards Rule
2-2(b) of the 2022-2023 Uniform Standards of Professional Appraisal Practice (USPAP) for
a Restricted Appraisal Report. The subject property is physically described in the following
restricted appraisal report, although most of the subject valuation analysis is retained in our
office files. The Restricted Use Report provides only limited information in describing and
analyzing the Market Value of the subject real property. Thus, the restricted report cannot
be understood properly, without the supporting data and analyses made to arrive at our
opinion of the Market Value, with this information retained in our office files. Further, this
restricted report has a restriction that limits the use of this report to the client and the named
intended users.
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4
APPRAISAL SUMMARY
Property Type: Commercial Land Swap
Property Address: 600 & 630 Schumann Drive
Sebastian, Florida 32958
Effective Date of Appraisal: July 26, 2022
Date of Inspection: (Drive -by) July 26, 2022
Inspected by: Daniel A. Nelson & Peter D. Armtield
Date of Report Preparation: July 26 - September 15, 2022
Date of Restricted Report: September 15, 2022
Property Rights Appraised: Fee Simple Estate - Land Value only
Purpose of the Appraisal: Provide our opinion of the Market Value of the
subject site areas for proposed exchange.
Intended Use of Appraisal: The intended use of this appraisal is for land
valuation analysis of the subject property for a
potential land exchange between the property
owner and the City of Sebastian.
Intended Users of the Appraisal: The intended users of this restricted report are
Todd Maxwell of Schumann Road Indian River,
LLC, and the City of Sebastian.
Appraisal complies with the 2022 - 2023
Uniform Standards of Professional
Appraisal Practice (USPAP): Yes, Restricted Report.
Highest and Best Use: Commercial development, as demand warrants
(See Report).
Zoning: (Parcel A) CG, Commercial General
Zoning: (Parcel B) PS, Public Service, assumed CG
(Parcel A) - 600 Schumann Drive
Area: 2,985 square feet
Opinion of Parcel A Land Value: $24,000
(Parcel B) - 630 Schumann Drive
Site Area: 2,977 square feet
Opinion of Parcel B Land Value: $18,000
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INTRODUCTORY COMMENTS
PURPOSE OF THE APPRAISAL AND RIGHTS APPRAISED
The purpose of this restricted report is to provide our opinion of the Market Value of the two
vacant parcels being considered for an exchange between Schumann Road Indian River,
LLC and the City of Sebastian. The effective date of this restricted report is July 26, 2022.
The appraisal is provided in a Restricted Report format.
MARKET VALUE DEFINED
Market value is the major focus of most real property appraisal assignments. Both economic
and legal definitions of market value have been developed and refined. A current economic
definition agreed upon by federal financial institutions in the United States of America is:
The most probable price which a property should bring in a competitive and open market
under all conditions requisite to a fair sale, the buyer and seller each acting prudently and
knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this
definition is the consummation of a sale as of a specified date and the passing of title from
seller to buyer under conditions whereby:
1. Buyer and seller are typically motivated.
2. Both parties are well informed or well advised, and acting in what they consider their
own best interest.
3. A reasonable time is allowed for exposure in the open market.
4. Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements
comparable thereto; and
5. The price represents a normal consideration for the property sold unaffected by
special or creative financing or sales concessions granted by anyone associated with
the sale.
SOURCE: Uniform Standards of Professional Practice of the Appraisal Foundation; and
Office of Thrift Supervision Regulation 12 CFR 564.2(f); and the Office of Comptroller of the
Currency.
DEFINITION OF FEE SIMPLE ESTATE
Absolute ownership unencumbered by any other interest or estate, subject only to the
limitations imposed by the governmental powers of taxation, eminent domain, police power,
and escheat.
SOURCE - Taken from The Dictionary of Real Estate Appraisal Fifth Edition, sponsored by
the Appraisal Institute, 2010 page 78.
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R
REAL PROPERTY DEFINED
All interests, benefits, and rights inherent in the ownership of physical real estate.
Source - Taken from The Dictionary of Real Estate Appraisal Fifth Edition, sponsored by the
Appraisal Institute, 2010 page 161.
Intended Use of Appraisal: The intended use of this appraisal is for land
valuation analysis of the subject property for a
potential land exchange between the property
owner and the City of Sebastian.
Intended Users of the Appraisal: The intended users of this restricted report are
Todd Maxwell of Schumann Road Indian River,
LLC, and the City of Sebastian.
SCOPE OF WORK
The Scope of Work is defined as the type and extent of research and analyses in an
assignment.
Source - Taken from 2020-2021 Uniform Standards of Appraisal Practice (USPAP), prepared
by the Appraisal Standards Board (ASB) for The Appraisal Foundation, Effective January 1,
2020, Page 5.
The three main points of the Scope of Work are as follows:
1) Identify the problem to be solved.
2) Determine and perform the scope of work necessary to develop credible
assignment results.
3) Disclose the scope of work in the report.
The appraiser must properly identify the problem to be solved to determine the appropriate
scope of work. A restricted appraisal report is provided, as discussed with the client.
The appraisal is provided to you in a Restricted Report format. The appraisal complies with
the reporting requirements set forth under Standards Rule 2-2(b) of the 2022-2023 Uniform
Standards of Professional Appraisal Practice (USPAP)for a Restricted Appraisal Report. The
subject property is physically described in the following restricted appraisal report, although
the subject valuation analysis is retained in our office files. The Restricted Use Report
provides only limited information in describing and analyzing the Market Value of the subject
land parcels.
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Thus, the restricted report cannot be understood properly, without the supporting data and
analyses made to arrive at our opinion of the Market Value, with this information retained in
our office files. The opinions expressed in this report and the value conclusion reported
below are subject to the limiting conditions and extraordinary assumptions on pages 1 - 3.
Further, this restricted report has a restriction that limits the use of this report to the client and
the named intended users. The depth of discussion contained in this report is specific to the
needs of the client and the intended use of the appraisal by the client.
The scope of work in this restricted report includes making an inspection of the subject
property appraised. The subject property inspection has been made on July 26, 2022, by
both Daniel A. Nelson and Peter D. Armfield. It consisted of a drive -by site inspection from
the adjacent fronting roadways (U.S. #1 and Schumann Drive) primarily of the two site areas
proposed for the land exchange. We also reviewed site information provided on the subject
property by the client and the Indian River County aerial map. The subject site areas are both
vacant and mostly cleared.
Parcel Aconsists of the Schumann Road Indian River, LLC parcel planned for the exchange.
This parcel is located along the north side of Schuman Drive comprising the western portion
of their recently acquired site. This site consists of open grassed areas with frontage along
Schumann Drive. Total site area is indicated at approximately 2,985 +- square feet.
Parcel B is described as the City of Sebastian triangular parcel planned for the exchange.
This parcel is located adjacent to the north of Parcel A and consists of a portion of the
Schumann Drive park area located along the north side of Schumann Drive. This parcel is
located adjacent to the rear of the commercial site planned for the 7-11 development by
Schumann Road Indian River, LLC parcel. It also appears to consist of open grassed areas
along with possibly some wooded areas on the northeast portion. Zoning of this parcel is
currently PS, Public Service, but planned for re -zoning to CG, Commercial General, which is
assumed for purposes of our valuation analysis. Total site area is indicated at approximately
2,977 +- square feet.
The purpose of this restricted report is to provide our opinion of the land value of the subject
parcels to consider and facilitate an exchange of Parcels A and B with the current property
owner and the City of Sebastian. We have considered these parcels relative to the overall
site proposed site plan for the 7-11 service station, convenience store and 8,000 square foot
retail building. Both parcels are similar in size with Parcel A rated slightly superior due to its
direct frontage along Schumann Drive. Parcel B consists of a rear triangular parcel that
provides for additional site area for the proposed development along with an improvement
to the shape of the overall parcel.
We have first estimated the land value of the subject overall site recently acquired by
Schumann Road Indian River, LLC. This site area has an irregular shape with around 380
+- feet of frontage along the west side of U.S. #1 and approximately 500 +- feet along the
north side of Schumann Drive. Zoning is CG, Commercial General. The land value is then
allocated to Parcels A and B, based on our estimates considering their site factors.
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Our opinion of the Market Value of the fee simple estate of the subject overall commercial site
utilized the Sales Comparison Approach. We considered comparable sales of commercial
parcels in the subject neighborhood and competing areas, along with current listings. These
comparable sales are analyzed based on the price paid per square foot.
The data gathered is limited in area to the real estate market in Indian River County. Primary
focus is on data available, from within the area described as the subject's neighborhood, or
from other neighborhoods felt to be competing or servicing similar market segments within
the county. Data sources for sales include public recording of real estate sales transferred
by warranty deed via data sources used in the appraisers office. Our office data sources
include the Clerk of the Court, Property Appraiser, and Multiple Listing Service (MLS). Data
is gathered, verified if possible, and then analyzed to interpret trends of the market
participants.
OWNER OF PROPERTY AND SALES HISTORY
600 Schumann Drive
Owner of Property: Schumann Road Indian River, LLC
Based on the public records reviewed by the appraisers, there has been a sale of the subject
overall property within the past 3 years. This sale consists of the recent purchase by
Schumann Road Indian River, LLC from The Salt Creek Company, LLC for $825,000. The
closing date was June 27, 2022. This sale was recorded in OR Book 3553, Page 601 and
appeared to be all cash to the seller.
This property was listed for sale for $875,000 and sold after an approximate 1 year marketing
period. The property contains some vacant former medical office building and site
improvements. However, these are not estimated to contribute any additional value. The
property is currently planned for redevelopment with a new 7-11 service station, convenience
store, and 8,000 square foot retail commercial building. This site area is estimated at
approximately 85,378 +- square feet in size, or 1.96 +- acres.
Parcel A - consists of the southwestern portion of this property consisting of the western
portion of lot #8 fronting along Schumann Drive. Parcel A has a slightly irregular shape with
overall dimensions of around 28 +- feet by 105 +- feet of depth. Total site area is indicated
at approximately 2,985 +- square feet.
630 Schumann Drive
Owner of Property: City of Sebastian
Based on the public records reviewed by the appraisers, there has not been a sale of this
portion of the subject property that has occurred within the past three years. Further, no
current asking price or offers to purchase are indicated on the subject property.
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9
The City of Sebastian parcel consists of the park area located north of Schumann Drive
totaling around 2.14 +- acres in size. The overall site has an irregular shape and includes
1.39 +- acres of park land and 0.75 +- acres of lake area. The park consists of open grassed
areas with some wooded areas adjacent to the FEC Railroad Tracks to the west.
Parcel B is described as the City of Sebastian triangular parcel planned for the exchange that
is located on the eastern portion of the park parcel. This parcel is located adjacent to the
north of Parcel A and consists of a portion of the Schumann Drive park area located along
the north side of Schumann Drive. This parcel is located adjacent to the rear of the
commercial site planned for the 7-11 development by Schumann Road Indian River, LLC
parcel. Zoning of this parcel is currently PS, Public Service, but planned for re -zoning to CG,
Commercial General, which is assumed for purposes of our valuation analysis. Total site
area is indicated at approximately 2,977 +- square feet.
LEGAL DESCRIPTION
600 Schumann Drive - The following Legal Description has been obtained from the recent
recording in OR Book 3553, Page 601.
Lots 1 through 8 and Tract A, Block 406, SEBASTIAN HIGHLANDS UNIT 7, according to the
map or plat thereof, as recorded in Plat Book 6, Page 6, of the Publix Records of Indian River
County, Florida.
Parcel A
A PARCEL OF LAND BEING A PORTION OF LOT 8, BLOCK 406, SEBASTIAN HIGHLANDS
UNIT 7, AS RECORDED IN PLAT BOOK 6, PAGE 6, OF THE PUBLIC RECORDS OF INDIAN
RIVER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS
FOLLOWS:
BEGIN AT THE SOUTHWEST CORNER OF LOT 8 OF SAID PLAT; SAID POINT BEING ON
THE NORTH RIGHT—OF—WAY LINE OF SCHUMANN DRIVE; THENCE DEPART SAID NORTH
RIGH—OF—WAY LINE AND RUN N25'28'1onE, ALONG THE EAST LINE OF SAID LOT 8, FOR
A DISTANCE OF 105.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 8; THENCE
RUN S69'42'41"E, ALONG THE NORTH LINE OF SAID LOT 8, FOR A DISTANCE OF 28.11
FEET; THENCE DEPART SAID NORTH LINE AND RUN S25'28'10"W, FOR A DISTANCE OF
108.56 FEET TO A POINT ON THE NORTH RIGHT—OF—WAY LINE OF SAID SCHUMANN
DRIVE; SAID POINT ALSO BEING A POINT ON A CURVE CONCAVE TO THE SOUTHWEST
AND HAVING A RADIUS OF 384.73 FEET, A CHORD BERING OF N62'26'44-W, AND A
CHORD LENGTH OF 28.01 FEET; THENCE RUN NORTHWESTERLY, ALONG THE ARC OF
SAID CURVE AND NORTH RIGHT—OF—WAY LINE, FOR A DISTANCE OF 28.02 FEET TO
THE POINT OF BEGINNING.
SAID PARCEL CONTAINS APPROXIMATELY 2984.6 SQUARE/FEET OR 0.7 ACRES, MORE
OR LESS
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10
LEGAL DESCRIPTION
630 Schumann Drive - The following Legal Description has been obtained from the Indian
River County Property Appraisers records. It is subject to confirmation by current survey.
Tract B, Block 406, SEBASTIAN HIGHLANDS UNIT 7, according to the map or plat thereof,
as recorded in Plat Book 6, Page 6, of the Publix Records of Indian River County, Florida.
Parcel B
A PARCEL OF LAND BEING A PORTION OF TRACT 8, SEBASTIAN HIGHLANDS, UNIT NO.7,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 6, PAGE 6, OF THE
PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, SAID PARCEL BEING MORE
PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID TRACT B, RUN S26'36'30"E, ALONG
THE EAST LINE OF SAID TRACT B, FOR A DISTANCE OF 33.83 FEET TO THE POINT OF
BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND:
FROM SAID POINT OF BEGINNING, CONTINUE ALONG SAID EAST LINE, S26'36'30"E, FOR
A DISTANCE OF 149.34 FEET TO THE NORTHEAST CORNER OF LOT 8, BLOCK 406, OF
SAID PLAT; THENCE RUN N69'42'41"W, ALONG THE NORTH LINE OF SAID LOT 8, FOR A
DISTANCE OF 77.66 FEET; THENCE DEPART SAID NORTH LINE AND RUN N25'28'10"E,
FOR A DISTANCE OF 15.97 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE
CONCAVE TO THE WEST AND HAVING A RADIUS OF 105.00 FEET, A CHORD BEARING OF
N00'34'05"W, AND A CHORD LENGTH OF 92.18 FEET; THENCE RUN NORTHERLY, ALONG
THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 52'04'28", FOR A DISTANCE
OF 95.43 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS APPROXIMATELY 0.07 ACRES OR 2977.43 SQUARE/FEET MORE
OR LESS.
A location map of the subject property is shown on the next page, followed by property
photographs.
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INDIAN RIVER COUNTY AREA DATA
Indian River County is a small east central Florida county located midway between Palm Beach
and Cape Kennedy, or slightly less than halfway from Miami to Jacksonville. It is bordered on
the north by the Sebastian River and Brevard County; on the south by St. Lucie County
(Ft. Pierce/Port St. Lucie); and on the west by Osceola and Okeechobee Counties. The
eastern boundary is the Atlantic Ocean.
The subject property is located adjacent to the northwest corner of U.S. #1 and Schumann
Drive, in the southeastern portion of the City of Sebastian. Additional information on the City
of Sebastian and Indian River County are retained in our office files, not considered necessary
in the scope of work of this restricted report.
NEIGHBORHOOD
A neighborhood may be defined as follows:
A group of complementary land uses; a congruous grouping of inhabitants, buildings, or
business enterprises. Source - Taken from The Dictionary of Real Estate Appraisal Fourth
Edition, sponsored by the Appraisal Institute, 2010 page 133.
The subject is located within a commercial/light industrial strip neighborhood along the U.S. #1
Commercial Corridor that extends from just north of the City of Vero Beach, northward to the
City of Sebastian. The subject is located in the northern portion of the neighborhood, within
the southeast portion of the City of Sebastian, adjacent to the northwest corner of U.S. #1 and
Schumann Drive. The subject is located adjacent to the large Sebastian Highlands
neighborhood to the west.
The neighborhood's south boundary is the City of Vero Beach. The western boundary is the
Florida East Coast Railroad, which parallels U.S. Highway #1 from Sebastian to Vero Beach.
The eastern boundary of the neighborhood is delineated by those properties fronting along the
east side of U.S. Highway #1. The City of Sebastian provides the northern boundary of the
overall neighborhood.
Primary access to and through the neighborhood is via U.S. Highway #1, a four lane state
highway with a grassed median strip. U.S. #1 provides the major mainland connection between
Vero Beach and Sebastian and portions have been widened to six lanes. The traffic on this
arterial route is generally moderate in the subject neighborhood, being less intense than in
downtown Sebastian, or Vero Beach. At the south end of the neighborhood, U.S. Highway #1
passes through Gifford and directly accesses the City of Vero Beach. Old Dixie Highway
parallels U.S. #1 in the southern portion of the neighborhood, extending from around 38th
Street to one block north of County Road 510. This two lane roadway is located west of U.S.
#1, adjacent to the east of the FEC Railroad Tracks. Indian River Boulevard is a four lane
divided arterial road, which parallels U.S. #1 to the east. The road has been extended
northward to 53rd Street, from its prior ending point at 37th Street.
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County Road 510, also known as Wabasso Road is located in the center portion of the
neighborhood providing east/west access across the Wabasso Bridge and to County Road 512
and eventually 1-95 to the west. There are numerous east/west connections to U.S. #1
throughout the neighborhood, but only one bridge across the Indian River to the barrier island
"North Beach" area. However, U.S. #1 provides convenient north/south access to and through
the subject neighborhood.
Vero Beach and Sebastian are considered the primary support base for the subject
neighborhood, with existing neighborhood development acting as satellite development.
Portions of the neighborhood are also supported by the north beach area of Indian River
County which has limited commercial development. Further, the subject property is located
adjacent to the large Sebastian Highlands residential neighborhood to the west of the FEC
Railroad Tracks.
The subject neighborhood is developed primarilywith secondary commercial and light industrial
uses, which utilize the convenient access between these two larger communities to service both
areas. The neighborhood has historically been characterized by its slow growth and is
considered to be a secondary location for commercial development. Although the
neighborhood has been experiencing some new growth and development, the area still lacks
sufficient support in the form of residential development for significant neighborhood
commercial services. Based on our observations, the neighborhood will most likely depend on
support from Sebastian and Vero Beach, as well as the North Beach area over near term years.
The Indian River Square Publix anchored shopping center and Walgreens drug store were
completed about 21 years ago adjacent to U.S. #1 and Barber Street, along with a SunTrust
(Truist) bank branch. New commercial uses are also centered around the U.S. #1 and County
Road 510 intersection with more planned. A CVS drug store was built about 15 years ago at
the southwest corner of U.S. #1 and County Road 510. There was a large Citgo service station
and convenience store at the northwest corner, recently redeveloped with a 7-11 super pumper
station and convenience store. A Chevron service station is located two blocks to the north,
followed by a recently closed Burger King Restaurant that is available for lease.
53rd Street has recently been extended from U.S. #1 westward to Kings Highway. In
anticipation of this new roadway, a new CVS and Walgreens were built on corner parcels. A
new assisted living facility is located in the commercial park north of CVS. A Publix anchored
shopping center opened about 10 years ago at the southeast corner of U.S. #1 and 53`d Street,
with a McDonald's on a corner out -parcel. Recently, a new Dunkin Donuts and Burger King
have been built south of Walgreens.
A strip center, named Pineapple's was completed about 15 years ago at the northeast corner
of U.S. #1 and 45'h Street, in the southern portion of the neighborhood. Additionally, a large
commercial warehouse development was built along the south side of 451h Street, just east of
U.S. #1. This property had struggled for occupancy since it was completed, although now
almost fully occupied. A Springhill Suites hotel is located along the east side of Indian River
Boulevard, south of 53`d Street.
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Another recent commercial development consists of the Cumberland Farms at the southeast
corner of U.S. #1 and 451h Street. A Wawa service station and convenience store are now
planned at the southwest corner with a new car wash considering the adjacent parcel. Further,
there have been renovations and additions to other commercial properties, including the Habitat
for Humanity located along the east side of U.S. #1, just north of 451h Street.
A new auto storage facility is presently under construction on a heavy commercial site located
along the west side of U.S. #1, between 415` Street and 451h Street. This project is named
Indian River Motorhaus and is designed with a total of 16 individual units, each around 22' x
36' in size. This project reportedly has strong demand similar to another project (Vero
Autohaus) developed by the same parties.
An older commercial building has been renovated and enlarged into good quality medical office
space at U.S. #1 and 871h Street. Otherwise, there is little medical office use in the subject
neighborhood, with most medical office facilities located in the area surrounding the Indian
River Medical Center, Sebastian Medical Center, or along peripheral roadways in the City of
Vero Beach and the City of Sebastian.
The neighborhood also includes the large Whispering Palms mobile home park. Many of the
secondary and heavy commercial uses are older in age and used to provide interim rental
income until redevelopment is warranted. This is also true of the smaller mobile home parks,
along with some of the residential rentals. There are a few older tourist court motels, such as
the Pennwood and Pelican Island Cottages, which was recently purchased for low income
housing support by The Source. Other residential uses, such as the Cottages have been
demolished and removed for future commercial redevelopment.
There had been a large amount of residential development under construction and planned in
the subject neighborhood. These developments include the large Antilles subdivision at U.S.
#1 and 65`h Street that completed its first phase and a significant number of new homes.
However, from around 2007 thru 2013, the residential home sales had slowed considerably and
the project has been in financial difficulty, even attempting an auction for the unsold homes and
lots. This is a typical scenario throughout the Indian River County mainland area, but stabilizing
and improving over the last several years. In fact, a new builder (D.R. Horton) is now actively
constructing homes again within this community.
Other residential projects include a large mixed use development, named Bristol Bay, that was
planned to the east of U.S. #1, south of County Road 510. This community was being
developed by WCI, a large developer of upscale residential and commercial projects. However,
WCI placed this project on hold about 10 years ago awaiting improvement in the residential
marketplace. More recently, the property has been considering rezoning for commercial zoning
and residential development in the future. A commercial land parcel planned for a retail
shopping center was purchased along the south side of County Road 510.
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Smaller subdivision developments are also located to the east of U.S. #1 in various stages of
approvals and subdivision work. Other single family residential areas in the central county area
between U.S. #1 and Kings Highway have also had improved demand, as the residential real
estate market has improved over the last several years. The subject neighborhood includes
some older mobile home parks including some interim use older parks, as well as a few larger
parks. These mobile home parks generally have good demand and include both RV and
mobile home sites.
There are three mini -storage facilities in the subject neighborhood, including the U.S. #1 Self
Storage facility, between County Road 510 and the City of Sebastian. Harbor Storage and
Stow -A -Way Storage are newer facilities located along the west side of U.S. #1, just north of
53rd Street. Additionally, Fischer Mini -Storage is located along U.S. #1 in the southern portion
of the City of Sebastian, with Sebastian Self Storage located west of U.S. #1, north of Barber
Street. Fischer Industrial Park and Fisher Trade Center consist of industrial warehouse and
trade warehouse properties adjacent to the FEC Railroad Tracks.
The subject neighborhood contains some former and some current citrus packing house
facilities. However, most citrus packing house facilities have closed over the last 5 + years, as
the citrus industry has struggled with greening and other diseases reducing the amount of citrus
fruit available. The Riverfront Groves citrus packing house facility remains open, but both
Quality and Greene River packing houses have closed over recent years. Other citrus packing
houses had previously closed. The former Quality Fruit citrus packing house was purchased
and is being renovated into a community support facility named Crossover Mission.
There are numerous secondary commercial and light industrial uses in the subject U.S. #1
neighborhood, along with many vacant parcels that are listed for sale. Secondary commercial
uses include contractor trades and services, such as flooring, plumbing, electrical and painting
contractors. There are also some service garage uses and older convenience stores. There
are commercial/warehouse buildings in the southern portion of the neighborhood, just north of
U.S. #1. A Charter School and dog grooming facility are also located in the neighborhood
along with a variety of other commercial uses. Spacebox Storage is reportedly planning a large
3 story air conditioned storage facility along the west side of U.S. #1, just north of 57`h Street.
This facility will include both indoor and outdoor storage including RV's and boats. It is planned
on a 5.2 +- acre parcel which is currently under contract waiting on site plan approval and a
building permit.
Demand for commercial land in the subject neighborhood has varied over the years, depending
on the real estate market. Over recent years, there have been few sales of vacant commercial
parcels, most likely due to the soft demand for new commercial development. However, market
conditions and demand for commercial development, as well as commercial land have
stabilized and improved over the last several years, despite the uncertainty with the pandemic.
There have been some recent commercial and industrial land sales over the last year or two,
but typically closer to services or arterial intersections. Further, the local economy and real
estate market have essentially recovered and the county has been experiencing in -migration
and growth.
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In summary, the subject neighborhood consists of a commercial strip neighborhood located
along the U.S. #1 Commercial Corridor that extends from just north of the City of Vero Beach
northward to the downtown area of the City of Sebastian. The subject neighborhood has good
access to county growth areas, via U.S. Highway #1, as well as Old Dixie Highway. Properties
fronting along U.S. #1 generally have good exposure to intra-county traffic. Past development
trends have been slow, except for a few scattered parcels adjacent to the east/west connectors.
The subject property is located along the west side of U.S. #1, adjacent to the northwest corner
of Schumann Drive, in the southeast portion of the City of Sebastian. This is a convenient
commercial location within the neighborhood. The subject property should participate in overall
neighborhood trends and growth factors.
ZONING
Zoning of the subject property is CG, Commercial General for the main site area and PS, Public
Service for the park area. However, Parcel B is assumed to be re -zoned to CG, under the
guidelines of the City of Sebastian. The CLUP for the City of Sebastian supports the current
zoning with a CG, Commercial General land use designation. The CG, General Commercial
zoning allows a wide variety of commercial uses, including commercial retail, service stations,
hotels and motels, restaurants, business and professional offices, plant nurseries, home
occupations, etc.
Other permitted uses include clubs and lodges, medical services, hotels and motels and all
uses permitted in the RM-8 zoning district. There are also conditional uses that may be
permitted, subject to approval, which includes nursing homes and commercial amusements.
The RM-8 zoning district permits single family and multiple family residential, nursing homes,
churches, schools, and townhouse development.
Size and dimension criteria within the CG zoning districts is as follows:
Minimum Lot Size:
10,000 SF
Minimum Width:
75 feet
Minimum Depth:
125 feet
Minimum Setbacks:
Front Yard: None
Side Yard: 5 feet
Rear Yard: 10 feet
Maximum FAR: 60%
Maximum Building Height: 35 Feet
Maximum Building Coverage: 30%
Minimum Open Space: 20%
Maximum Impervious Surface: 80%
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Parking Requirements vary with the property use. The subject property consists of a vacant
former medical office on the main eastern portion of the site. This site area is being considered
for commercial redevelopment with a 7-11 service station, convenience store and 8,000 square
feet of retail commercial space. Site plan and other approvals will be required.
CONCURRENCY
Concurrency is a provision adopted in the Florida's Local Government Comprehensive Planning
and Land Use Development Regulation Act in 1985. Concurrence is a requirement for public
facilities and services to be available (concurrent) with the impacts of development. These
facilities and services include traffic and transportation facilities, sewage collection facilities,
potable water facilities, drainage, park and recreation facilities, etc. Typically, concurrence is
most applicable in roads and traffic capacity, but any of the other items can also impact
development.
If a project is proposed, its impact must not exceed the capacity levels of current infrastructure,
or the plan must propose the expansion of the infrastructure and the source of funds required
to construct these improvements. A valid certificate of concurrence must be obtained prior to
approval of development order. This is an extensive study and we have not reviewed
concurrence issues, as relates to development of the subject property, as this was beyond the
scope of work of this appraisal assignment.
TAX INFORMATION
The taxing authority is Indian River County. Taxes are based on Just Values that are estimated
by the Indian River County Property Appraiser and on millages as set by the Tax Collector
using various taxing districts' approved budgets. Taxes are assessed in arrears based on
valuations as of January 1 st of the tax year. Tax bills are sent out in November and become
payable January 1st of the new year. Below is a summary of tax assessment data for the
subject property main parcel, based on the 2021 Indian River County Tax Roll:
Tax Parcel Number Assessed Value 2021 Taxes Lot Number
xxx U.S. Highway #1
31-39-17-00002-4060-00001.0
$ 71,324
$ 1,174.43
Lots 1, 2, &3
600 Schumann Drive
31-39-17-00002-4060-00004.0
$ 189,947
$ 3,377.33
Lots 4, 5 & 6
610 Schumann Drive
31-39-17-00002-4060-00007.0
$ 43,432
$ 715.16
Lots 7 & 8
200 Schumann Drive
31-39-17-00002-0001-00000.0
55,654
$ 916.41
Tract A
Totals
1360,357
$ 6,183.33
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These four tax parcels comprise the subject main parcel at the northwest corner of U.S. #1 and
Schumann Drive. The tax information for the City of Sebastian park parcel (Tract B) is
summarized below:
Tax Parcel Number Assessed Value 2021 Taxes Lot Number
630 Schumann Drive
31-39-17-00002-0002-00000.0 $ 38,727 $ - 0 - Tract B
This tax parcel consists of the majority of the park parcel owned by the City of Sebastian, which
does not incur any real estate taxes. An adjacent lot #9 at 650 Schumann Drive could also be
considered as part of the park parcel, but not pertinent to our valuation analysis. These parcels
are currently zoned PS, Public Service. The subject assessed values are considered
somewhat low, but reasonable, in our opinion.
Florida's Constitution requires all property to be appraised at Just Value. While this concept
is not adequately defined in the Constitution nor in Florida Statutes, numerous court decisions
have held that it approximates Market Value as defined herein, less normal seller expenses of
sale, estimated at fifteen percent (15%). While this represents the target level of the property
appraiser, it has been found that assessments produced by mass appraisal techniques vary
considerably and are not good indicators of Market Value.
The subject property is currently provided with the following utilities:
Electricity: Florida Power & Light
Water: Indian River County
Sewer: Indian River County
Telephone: AT & T
Trash: Private Carrier - Waste Management
Both Indian River County water and sewer service are reportedly available to the subject
property. Costs of line extensions, hookups and metering, as well as impact fees are typically
the responsibility of the property owner.
Based on evidence from nearby properties and from utilities authorities, the subject property
is being appraised as if utilities are available to the site sufficient in capacity to support the
current use, as well as the Highest and Best Use, at costs that are typical to competing
properties. Please See Extraordinary Assumption #1.
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SITE DESCRIPTION
The subject main site area is located at 600 Schumann Drive, adjacent to the northwest corner
of U.S. #1 and Schumann Drive in the City of Sebastian. This commercial parcel was recently
acquired by Schumann Road Indian River, LLC and contains an older medical office that is
planned on being demolished and removed. A new 7-11 service station, convenience store,
and adjacent 8,000 square foot commercial building are being considered.
This site area has an irregular shape with around 380 +- feet of frontage along the west side
of U.S. #1 and approximately 500 +- feet along the north side of Schumann Drive. Zoning is
CG, Commercial General. The western portion of the site fronting along the north side of
Schumann Drive is being considered for an exchange with the City of Sebastian for an irregular
shaped parcel to the northeast.
The purpose of this appraisal is to estimate the land value of two parcels for a potential
exchange with the City of Sebastian for the 7-11 commercial development under consideration.
For purposes of this restricted report and our valuation analysis we have described these
parcels as Parcels A and B.
Parcel A is described as the Schumann Road Indian River, LLC parcel planned for the
exchange. This parcel is located along the north side of Schuman Drive comprising the
western portion of their recently acquired site. It has a slightly irregular shape with overall
dimensions of around 28 +- feet by 105 +- feet of depth. Total site area is indicated at
approximately 2,985 +- square feet. This site area consists of open grassed areas.
There is a 30 foot wide easement located adjacent to the western edge of this site, followed
by a lake area associated with the public park. Parcel B is located adjacent to the northeast
with additional open park area to the north and northwest. The main site area for the proposed
7-11 commercial project is to the east. Parcel A has frontage and potential access from
Schumann Drive to the south. It is planned to be exchanged with the City of Sebastian
providing additional park area along with potential access east of the lake area.
Parcel B is described as the City of Sebastian triangular parcel planned for the exchange. This
parcel is located adjacent to the northeast of Parcel A and consists of a portion of the
Schumann Drive park area located along the north side of Schumann Drive. This parcel is
located adjacent to the rear of the commercial site planned for the 7-11 development by
Schumann Road Indian River, LLC parcel. Total site area is indicated at approximately 2,977
+- square feet.
Zoning of this parcel is currently PS, Public Service, but planned for re -zoning to CG,
Commercial General, which is assumed for purposes of our valuation analysis. This parcel
does not have any direct road frontage or independent access, but improves the shape and
potential utility for parcel A for the proposed development.
A plat map and aerial map of the subject parcels is provided on the following page. The main
site area is outlined in yellow with Parcel A in red and Parcel B in green.
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The subject site has frontage along U.S. #1 to the east, as well as Schumann Drive to the
south. Access is presently limited to Schumann Drive to the south, but the proposed site plan
indicates ingress only from U.S. #1 to the east. The main access will be along Schumann Drive
to the south. The site has an irregular shape which will be improved somewhat with the
proposed exchange of parcels A and B. This will provide for more site area and better
alignment along the west (rear) property line.
U.S. Highway #1 is a four lane paved, state owned arterial roadway that typically has either a
concrete or grassed center median strip. This arterial highway provides both inter community
and intra county traffic. There is no median cut available immediately adjacent to the subject
main site area, but they are available at the Schumann Drive intersection and traffic light to the
south, along with further north. The subject property has good commercial exposure along U.S.
#1, at the northwest corner of Schumann Drive.
Schumann Drive is a two lane roadway that provides access from U.S. #1 across the FEC
Railroad Tracks to Sebastian Highlands. There is a narrow grassed median in the center
portion of Schumann Drive with a median cut planned adjacent to the south entrance to the
main site area. The intersection of U.S. #1 and Schumann Drive has a traffic light and turning
lanes. Access to the subject property is good and convenient to surrounding areas.
East of the subject is a new adult care facility at the entrance to Reflections on the River
condominium project further east. South of the subject is an older, small commercial building
on the southwest corner of U.S. #1 and Schumann Drive. North of the subject main parcel are
residential and commercial improvements for Fischer & Sons. West of the subject is the park
area followed by the FEC Railroad Tracks. North of the subject is vacant commercial land.
The proposed exchange of Parcel A for Parcel B consists of two similar sized site areas.
Parcel A has direct frontage along the north side of Schumann Drive and a rectangular shape
totaling around 2,985 square feet. Parcel B is a rear parcel to the northeast of Parcel A that
has a triangular shape and is 2,977 square feet in size. Parcel A will provide improved access
to the east of the lake area for the park. Parcel B will provide for improved shape and utility to
the main site area for the proposed commercial development, but will need to be re -zoned.
Reportedly, the current owner of the proposed 7-11 site will provide for additional landscaping
to the park area along with a public concrete sidewalk extending to the west of the FEC
Railroad Tracks. A retaining wall is also planned along with improved access to the park area,
as part of the proposed exchange. The median strip along Schumann Drive will also have new
landscaping installed, per the information provided.
Copies of the site plan sketch for the proposed 7-11 and a conceptual plan of the proposed
improvements are provided on the following pages. Parcel A is again shaded in red and Parcel
B in green. This is followed by sketches provided by the surveyor for each parcel.
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FLOOD ZONE
According to the Federal Emergency Management Agency National Flood Insurance Program
for Indian River County, revised December 4, 2012, the subject property appears to be located
in Flood Zone X. Flood Zone X is an area outside the 500-year flood plain and is not a
designated Department of Housing and Urban Development (HUD) flood hazard area. Flood
insurance is not required.
CENSUS TRACT
The subject is designated as being within Census Tract 508.06, based on the 2020 Census
Tract Map for Indian River County, Florida.
IMPROVEMENTS
Site improvements include paved parking and drive areas, some landscaping, drainage
improvements, pump and well, concrete walkways, etc. The building is located on the
southeastern portion of the site with the paved parking and drive areas to the south of the
building. Access to the subject property is available along Schumann Drive, via paved
roadways. There is both an ingress drive, as well as a wider drive, providing both ingress and
egress to the subject building improvements. No access is available directly to U.S. #1.
Building improvements consists of a vacant office building that was originally built around 1988.
The building is single story and was converted from a former model home residence and sales
office center. Gross building area is estimated at around 2,100 +- square feet. Basic
construction is wood frame with a shingle roof. Surplus land is estimated as only the southern
portion of the site is partially improved.
No on -site inspection has been made and these improvements are not estimated to contribute
any value.
As discussed, the subject property is currently being planned for redevelopment with a new 7-
11 service station, convenience store and an 8,000 square foot retail commercial building.
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HIGHEST AND BEST USE
Property Market Value trends can be analyzed through a study of the forces which drive this
market activity. These forces are referred to as supply and demand, substitution, balance and
external interference. The term "Highest and Best Use" refers to the optimum use of a
property, considering the impact of all of these market forces on a specific property.
The value of real property is directly related to the use to which it can be put. A parcel may
have several different value levels under alternative uses. The property appraised herein is
appraised under its Highest and Best Use, as defined below:
"The reasonably probable and legal use of vacant land or an improved
property that is physically possible, appropriately supported, financially
feasible, and that results in the highest value.
The four criteria the highest and best use must meet are legal permissibility,
physical possibility, financial feasibility, and maximum productivity."
Source: The Dictionary of Real Estate Appraisal - 5th Edition, sponsored by the Appraisal
Institute, 2010, Page 93.
In each appraisal of improved property there are two considerations of Highest and Best Use:
one for the land considered as though vacant and one for the property as improved.
Within each analysis four sets of use constraints are considered: legally permissible, physically
possible, economically feasible, and maximally productive.
Legally permissible restrictions include private restrictions, zoning, building codes, historic
district controls, and environmental regulations.
Physically possible uses are determined by the size, shape, area, topography and accessibility
of a parcel of land. Included in this analysis are the risk of natural disasters, capacity and
availability of public utilities, and the physical components of the improvements.
Financial feasibility considers uses that are legally permissible and physically possible, and
determines which ones produce a positive return. A maximally productive use is the financially
feasible use that produces the highest residual land value.
The Highest and Best Use of land assumes that the site is vacant and that the site could be
utilized at the Highest and Best Use which is determined in this analysis. The Highest and
Best Use of the site, as improved, correlates the current improvements with improvements that
would be made at the optimum development of the site: as determined in the Highest and Best
Use of vacant land.
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Site as if Vacant:
Physically, the subject main site area is located at 600 Schumann Drive, adjacent to the
northwest corner of U.S. #1 and Schumann Drive in the City of Sebastian. This site area has
an irregular shape with around 380 +- feet of frontage along the west side of U.S. #1 and
approximately 500 +- feet along the north side of Schumann Drive. Zoning is CG, Commercial
General. The western portion of the site fronting along the north side of Schumann Drive is
being considered for an exchange with the City of Sebastian for an irregular shaped parcel to
the northeast.
The purpose of this appraisal is to estimate the land value of two parcels for a potential
exchange with the City of Sebastian for the 7-11 commercial development under
consideration. For purposes of this restricted report and our valuation analysis we have
described these parcels as Parcels A and B.
Parcel A is described as the Schumann Road Indian River, LLC parcel planned for the
exchange. This parcel is located along the north side of Schuman Drive comprising the
western portion of their recently acquired site. It has a slightly irregular shape with overall
dimensions of around 28 +- feet by 105 +- feet of depth. Total site area is indicated at
approximately 2,985 +- square feet. This site area consists of open grassed areas.
Parcel B is described as the City of Sebastian triangular parcel planned for the exchange.
This parcel is located adjacent to the northeast of Parcel A and consists of a portion of the
Schumann Drive park area located along the north side of Schumann Drive. This parcel is
located adjacent to the rear of the commercial site planned for the 7-11 development by
Schumann Road Indian River, LLC parcel. Total site area is indicated at approximately 2,977
+- square feet.
Legally, Parcel A is primarily restricted by zoning and the CLUP. This portion of the subject
property is zoned CG, Commercial General by the City of Sebastian. Parcel B is presently
zoned PS, Public Service, but planned to be re -zoned to CG, Commercial General, as part of
the parcel exchange. The CG zoning district allows a variety of commercial uses, such as
professional and business offices, general retail sales and services, restaurants, dental and
medical offices, etc.
Economically, to be financially feasible an improvement must return a positive net income to
the investor. A maximally productive use is a use that returns the greatest value to the site.
Recent years have witnessed a general improving trend in the economy and local real estate
market. Market conditions for commercial, professional and medical office have improved
over the last several years, even with the pandemic over the last approximate 28 months.
The subject site has an irregular shape, but still possesses adequate frontage, depth and size,
along with zoning in place or planned to support retail commercial uses. It has most potential
for a retail commercial development including a strip center. The planned development with
a 7-11 service station, convenience store and retail building is considered to be a good
example of the Highest and Best Use of the subject site, as if vacant.
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Considering these factors, the Highest and Best Use of the subject property, considered as
though vacant, would be to develop the site with a good quality retail commercial development
built to maximum density allowed and providing for good parking support.
As Improved
The subject main commercial parcel was recently acquired by Schumann Road Indian River,
LLC and contains an older vacant medical office that is planned on being demolished and
removed. A new 7-11 service station, convenience store, and adjacent 8,000 square foot
commercial building are being considered.
The subject current improvements are not estimated to contribute any value, in our opinion.
Highest and Best Use, as improved, is considered to be as proposed with a new commercial
development.
VALUATION PROCESS
For most parcels of vacant land, only one of the traditional three approaches to value is useful.
This, of course, is the Sales Comparison Approach. In this approach, the subject property is
compared to parcels which have been involved in recent transactions, and adjustments are
made to the unit prices derived from those sales, to recognize differences between the subject
and the sales.
The Income Approach is not generally used since most parcels of vacant land are not
producing income, and the Income Approach consists of capitalizing net income at a market
rate, to indicate value. When sales of vacant parcels are not available for comparison, which
often is the case in built-up areas, the residual income from a hypothetical highest and best
use building may be capitalized to indicate land value. This was not the case here, since
recent sales throughout the neighborhood are available, and this approach was not used.
The Cost Approach, the third of the traditional approaches, is by definition not usable for
vacant land. Accordingly, we have made use of only the Sales Comparison Approach.
SALES COMPARISON APPROACH
The purpose of this restricted report is to provide our opinion of the land values of the subject
parcels A and B to possibly facilitate an exchange with the current property owner and the City
of Sebastian. We have considered these two parcels relative to the overall site proposed site
plan for the 7-11 service station, convenience store and 8,000 square foot retail building.
Both parcels are similar in size with Parcel A rated slightly superior in location/access due to
its direct frontage along Schumann Drive. Parcel B consists of a rear triangular parcel that
provides for additional site area for the proposed development along with an improvement to
the shape of the overall parcel.
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We have first estimated the land value of the subject overall site recently acquired by
Schumann Road Indian River, LLC. This site area has an irregular shape with around 380 +-
feet of frontage along the west side of U.S. #1 and approximately 500 +- feet along the north
side of Schumann Drive. Zoning is CG, Commercial General. The land value is then allocated
to Parcels A and B, based on our estimates considering their site factors.
Parcel A consists of the Schumann Road Indian River, LLC parcel planned for the exchange.
This parcel is located along the north side of Schuman Drive comprising the western portion
of their recently acquired site. This site consists of open grassed areas with frontage along
Schumann Drive. Total site area is indicated at approximately 2,985 +- square feet.
Parcel B is described as the City of Sebastian triangular parcel planned for the exchange.
This parcel is located adjacent to the north of Parcel A and consists of a portion of the
Schumann Drive park area located along the north side of Schumann Drive. This parcel is
located adjacent to the rear of the commercial site planned for the 7-11 development by
Schumann Road Indian River, LLC parcel. It also appears to consist of open grassed areas
along with possibly some wooded areas on the northeast portion. Zoning of this parcel is
currently PS, Public Service, but planned for re -zoning to CG, Commercial General, which is
assumed for purposes of our valuation analysis. Total site area is indicated at approximately
2,977 +- square feet.
Our opinion of the Market Value of the fee simple estate of the subject overall commercial site
utilized the Sales Comparison Approach. We considered comparable sales of commercial
parcels in the subject neighborhood and competing areas, along with current listings. Six
comparable land sales are specifically analyzed in comparison to the subject, all consisting
of commercial parcels. These comparable sales are compared to the subject on the basis of
price paid square foot.
Parcel A is estimated at a slightly higher land value than parcel B which consists of a rear
parcel. Parcel A is valued at approximately $8.00 per square foot with parcel B at around
$6.00 per square foot. The calculations are shown below:
Parcel A 2,985 SF x $8.00/SF = $23,880 $24,000 Rounded
Parcel B 2,977 SF x $6.00/SF = $17,862 $18,000 Rounded
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MARKET VALUE CONCLUSION
Based on the analyses made and retained in our office files, it is our opinion that the Market
Value of the fee simple estate to the property appraised herein is concluded at $24,000 for
Parcel A and $18,000 for Parcel B.
Parcel A - 600 Schumann Drive $24,000 Schumann Road Indian River, LLC
Parcel B - 630 Schumann Drive $18,000 City of Sebastian Park Land
The above Market Value conclusions have conditions and assumptions that are assumed to
be correct, as discussed in the appraisal report. It should be noted that if some or all of these
conditions or assumptions are not correct, it could affect our opinion of the Market Value, as
provided herein.
MARKETING TIME
Marketing time consists of our opinion of the amount of time it might take to sell the subject
property at the concluded Market Value during the period immediately after the effective date
of the appraisal. Marketing conditions have been good over the last few years, even with the
pandemic. The demand for the subject property (overall parcel) is considered to be adequate
and a reasonable marketing time is projected. The subject property is forecast to have a
marketing time of 6 months to 24 months, concluded at 12 months.
REASONABLE EXPOSURE TIME
Reasonable exposure time is assumed to precede the effective date of the appraisal.
Exposure time, per USPAP, may be defined as follows: The estimated length of time the
property interest being appraised would have been offered on the market prior to the
hypothetical consummation of a sale at Market Value on the effective date of the appraisal;
a retrospective opinion based upon an analysis of past events assuming a competitive and
open market.
The reasonable exposure time estimate takes into consideration the price, time, and use, of
the property appraised. The reasonable exposure time for the subject property is estimated
at 6 to 24 months, also concluded at 12 months.
330 of 562
38
CERTIFICATION OF APPRAISAL
The undersigned do hereby certify to the best of our knowledge and belief:
a) The statements of fact contained in this report are true and correct.
b) The reported analyses, opinions, and conclusions are limited only by the reported
assumptions and limiting conditions, are my personal, impartial, and unbiased
professional analyses, opinions, and conclusions.
c) We have no present or prospective interest in the property that is the subject of this
report, and no personal interest with respect to the parties involved.
d) We have no bias with respect to the property that is the subject of this report or to
the parties involved with this assignment.
e) Our engagement in this assignment was not contingent upon developing or
reporting predetermined results.
f) Our compensation for completing this assignment is not contingent upon the
development or reporting of a predetermined value or direction in value that favors
the cause of the client, the amount of the value opinion, the attainment of a
stipulated result, or the occurrence of a subsequent event directly related to the
intended use of this appraisal. The appraisal assignment was not made, nor was
the appraisal rendered on the basis of a requested minimum valuation, specific
valuation, or an amount which would result in approval of a loan.
g) Our analyses, opinions, and conclusions were developed, and this report has been
prepared in conformity with the Uniform Standards of Professional Appraisal
Practice.
h) This appraisal report has been made in conformity with and is subject to the
requirements of the Codes of Professional Ethics and Standards of Professional
Conduct of the Appraisal Institute.
i) That Daniel A. Nelson and Peter D. Armfield both made a personal inspection of
the properties that are the subject of this restricted appraisal report.
j) No one provided significant professional assistance to the person signing this
report.
k) Peter D. Armfield, #RZ524 and Daniel A. Nelson, #RZ897 are currently State of
Florida Certified General Real Estate Appraisers.
331 of 562
39
CERTIFICATION OF APPRAISAL (continued)
1) As of the date of this report, I, Peter D. Armfield, MAI, SRA, have completed the
requirements under the continuing education program of the Appraisal Institute.
m) The use of this report is subject to the requirements of the Appraisal Institute and
the State of Florida Real Estate Appraisal Board relating to review by its duly
authorized representatives.
n) We have not provided appraisal or other services on the subject property within the
3-year period immediately preceding acceptance of this appraisal assignment.
o) The Market Values of the fee simple estate of the subject properties as of July 26,
2022, are as follows:
Parcel A - 600 Schumann Drive $24,000 Schumann Road Indian River, LLC
Parcel IS - 630 Schumann Drive $18,000 City of Sebastian Paris Land
The above Market Value conclusions have conditions and assumptions that are assumed to
be correct, as discussed in the appraisal report. It should be noted that if some or all of these
conditions or assumptions are not correct, it could affect our opinion of the Market Value, as
provided herein.
- 7 � �-/� - " �/; 6"
Daniel A. Nelson
State -Certified General
Real Estate Appraiser RZ897
,
Peter D. Armfield, MAI
State -Certified General
Real Estate Appraiser RZ524
332 of 562
43
QUALIFICATIONS OF THE APPRAISER
DANIEL A. NELSON
Bachelor of Business Administration in 1977 from Stetson University with a Degree in Accounting.
Appraisal Courses Successfully Completed
SREA Course 101 - Principals of Residential, 1978
SREA Course 201 - Principals of Income Property, 1979
American Institute of Real Estate Appraisers (AIREA)
Course 1 B-A - Capitalization Theory and Techn. Part A, 1985
Course 1 B-B - Capitalization Theory and Techn. Part B, 1985
Standards of Professional Practice, 1986
Case Studies in Real Estate Valuation, 1987
Valuation Analysis and Report Writing, 1987
Standards of Professional Appraisal Practices, Part A&B, 1992
Complete Review Seminar, 1993
2022 Continuing Education, 2022-2023 National USPAP Update Course for Non -Residential Real Property,
Florida Appraisal Laws & Regulations, Income Approach, Cost Approach.
2020 Continuing Education, 2020-2021 National USPAP Update Course for Non -Residential Real Property,
Florida Appraisal Laws & Regulations, Income Approach, Sales Comparison Approach, Appraisal of Small
Apartment Properties.
2018 Continuing Education, 2018-2019 National USPAP Update Course for Non -Residential Real
Property, Florida Appraisal Laws & Regulations, Appraisal of Small Apartment Properties, Appraisal
of Fast Food Facilities, Appraisal of Limited Service Hotels.
2016 Continuing Education, 2016-2017 National USPAP Update Course, Florida Appraisal Laws
& Regulations, Appraisal of Owner -Occupied Commercial Properties, Appraisal of Land Subject to
Ground Leases, Appraisal of Self -Storage Facilities.
Professional Membership & Affiliations
Registered Real Estate Broker -Salesperson, 1980, BK312098
State -Certified General Real Estate Appraiser, RZ897, 1991
Work Experience
Staff Appraiser, Armfield-Wagner Appraisal & Research, Inc., Vero Beach, Florida, 1982 to
Present, Staff Appraiser, Security Federal Savings and Loan, Vero Beach, Florida, 1977 to 1982.
Types of Appraisals Completed
Vacant Land
Residential
Condominiums
Multiple Family Land
Multiple Family Improved
Commercial Land
Light Industrial Land
Offices
Retail Commercial
Restaurants
Shopping Centers
Subdivisions
Self -Storage Facilities
Motels/Hotels
Light Industrial
Warehouses
Airplane Hangars
Leased Property
Mobile Home Parks
Citrus Groves
Engaged in the valuation of Real Estate in Indian River, Brevard, and St. Lucie Counties since 1977.
336 of 562
44
QUALIFICATIONS OF THE APPRAISER
PETER D. ARMFIELD, MAI
Education
Graduate University of Florida
Master of Business Administration, 1972
Bachelor of Business Administration, 1970
Florida Resident Since 1953
Registered Real Estate Broker, Florida
Professional Memberships
Member Appraisal Institute (MAI) - Appraisal Institute
Senior Residential Appraiser (SRA) - Appraisal Institute
Realtor Member - Vero Beach Board of Realtors
State -Certified General Real Estate Appraiser, RZ524
Work Experience
1984 - Instructor of Appraisal Course for the Society of Real Estate Appraisers
1981 - President, Armfield-Wagner Appraisal & Research, Inc., Vero Beach, Florida
1979 - 1980 Staff Appraiser, Armfield, Sherman & Associates Real Estate Appraisers &
Consultants Vero Beach, Florida
1979 - 1982 Instructor of Appraisal and Real Estate Courses, Indian River Community College,
Ft. Pierce, Florida
1976 - 1978 Employed with John S. Sherman, Jr. as Staff Appraiser, Vero Beach, Florida
1976 - Real Estate Sales, Fayetteville, North Carolina
Engaged in the valuation of Real Estate in Indian River and St. Lucie Counties since December,
1976.
Qualified as an expert witness for real property valuation in the Circuit Courts of St. Lucie County
and Indian River County, Florida.
337 of 562
45
QUALIFICATIONS OF THE APPRAISER
Peter D. Armfield
Page 2
Real Estate Appraisal Made for the Following:
City Federal Savings & Loan of Palm Beach
Savings of America
Florida Federal Savings & Loan
United Savings of America
Florida First National Bank of Vero Beach
SunTrust
Lomas & Nettleton
Ford Motor Credit
Merrill Lynch Relo.
Gulf & Western Corp.
City of Vero Beach
Indian River County
Gulf Oil Corporation
Exxon Corporation
St. Lucie County
Tvpes of Appraisals
Equitable Relocation
American Hospital Mgmt.Corp.
Attorneys and Individuals
Church of Latter Day Saints
Kentucky Life Insurance Co.
American Petrofina Corp.
Federal National Mortgage Assn.
FL Dept. of Natural Resources
Bank of America
Tropicana Corporation
Residences
Airplane Hangars
Warehouses
Commercial
Insurable Value
Leased Property
Offices
Vacant Land
Citrus Groves
Shopping Centers
Residential
Improved Pasture
Service Stations
Landlocked
Golf Courses
Light Industrial
Subdivision
Social Clubs
Condominiums
Commercial
Motels
Mobile Home Parks
Industrial
Citrus Packing Houses
Utility Easements
Wetlands
Apartments
Health & Rec. Clubs
(Including Low Income
Casualty Loss Estimates
Housing Involving
Partial Interests
Section 8; Tax Credit)
Articles
"Unusual Appraisal Assignments - Problems and Solutions," by Peter D. Armfield winning article in
the 1981 manuscript competition sponsored by the Society of Real Estate Appraisers Foundation;
published in the Real Estate Appraiser and Analyst - Spring, 1982.
"Casualty Loss Valuation" by Peter D. Armfield, published in the Appraisal Journal of the American
Institute of Real Estate Appraisers, October, 1982.
"Computers in Appraising - Strategies for Success" by Peter D. Armfield and Stephen Armfield,
winning article in the 1983 manuscript competition sponsored by the Society of Real Estate
Appraisers Foundation.
338 of 562
APPRAISAL LICENSES
Ron DeSantis, Governor
Halsey Beshears, Secretary
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
FLORIDA REAL ESTATE APPRAISAL BD
LICENSE NUMBER: RZ897 EXPIRATION DATE: NOVEMBER 30, 2022'
THE CERTIFIED GENERAL APPRAISER HEREIN IS CERTIFIED UNDER THE
PROVISIONS OF CHAPTER 475, FLORIDA STATUTES
NELSON, DANIEL A�
1940 10TH AVE #C
VERO BEACH FL 32960
a,
ISSUED-. 08/28/2020 Always verify licenses online at MyFloridaUcense.com
Do not alter this document in any form.
This is your license. It is unlawful for anyone other than the licensee to use this document
Ron DeSantis, Govemor Halsey Beshears, Secretary
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
FLORIDA REAL ESTATE APPRAISAL BD
LICENSE NUMBER: RZ524 EXPIRATION DATE: NOVEMBER 30, 2022
THE CERTIFIED GENERAL APPRAISER HEREIN IS CERTIFIED UNDER THE
PROVISIONS OF CHAPTER 475, FLORIDA STATUTES
ARMFIELD, PETER D
1940 10TH AVE C
VERO BEACH FL 32960
ISSUED: 09/15/2020 Always verity licenses online at MyFlorldaUcense.com
Do not alter this document In any form.
This is your license. It is unlawful for anyone other than the licensee to use this document.
46
339 of 562
ATTACHMENT 4
NOTE TO CLEnturAX EXAMINER: Actuni romideraliun
3120220041786
psill is SB25,l1oD.t10.
RECORDED IN THE PUBLIC RECORDS OF
II J
JEFFREY R SMITH, CLERK OF COURT
INDIAN RIVER COUNTY FL
This Document Prepared By and Return to:
BK: 3553 PG: 601 Page i Of 1 7/1/2022 9:04 AM
Darlene K. Pegg, CLC President
D DOCTAX PD $5, 775 00
Elite Title of the Treasure Coast, Inc.
3055 Cardinal Drive, Suite 105
Vero Beach, FL 32963
Courthouse Box 82
3 l-39-17-000 02-4060-00004/0,31-39-17-0000
Pamel to Numhrr: 2-0001-00000/0,3I-39-17-000024060-00007/
0,31-39-17-00002-4060-00001/0
Warranty Deed
This Indenture, Made this r) T — day of Julle 2022 A.D., 1301Veen
The Salt Creek Company, LLC, a South Carolina limited liability company
of the County of Indian River , State of Florida , grantor, and
Schumann Road Indian River, LLC, a Florida limited liability company
whose address is: 500 South Florida Ave., €1700, Lakeland, FL 33801
oflheCounty of Polk , State of Florida , grantee.
Witnessetll that the GRANTOR, for and in consideration of the sum of
TEN DOLLARS (5I0)
and other good and valuable consideration to GRANTOR in hand paid by GRANTEE, the receipt whereof is hereby
acknowledged, has granted, bargained and sold to the said GRANTEE and GRANTEE'S heirs, successors and assigns
forever, the following described land, situate, lying and being in the County of Indian River
Slate of Florida to wit:
Lots 1 through 8 and Tract A, Block 406, Sebastian Highlands Unit 7, according to (lie
map or plat thereof, as recorded in Plat Book 6, Page(s) 6, of the Public Records of Indian
River County, Florida.
Said land is free of all encumbrances, except taxes for the year in which this deed is given;
and restrictions, reservations, limitations, covenants, conditions ant] ensetuenis of record,
if any; insofar as same are valid and enforceable (however, this clause shall not be
construed to reimpose same.)
and the grantor does hereby fully warrant the title to said land, and will defend the same against lawful clairns of all persons
whomsoever.
In Witness Whereof, the grantor has hereunto set her ]land and seal the day and year first above written.
Signets, senled a d delivered in our presence:
The Snit Creek Company, LLC, a South
t� Carol a lmited liability coutpnny}
ea
P intr4YName: DAHLENE K. FLUU ,lollailinfl P. McCracken, Manager
� ; t`O. ess: Post Office Box 643896, Vera Beach, rL 321164
PFintedName; Elcl!:i `1. AliPon
Winless
State of Florida
County of Indian River
The foregoing instnunenl was acknowledged before me by means of Q physical Presence or ❑ online
notarization, I itsj 3day of ,tune 2022 , by Johanna P. McCracken Manager of The Salt
Creels Company, LLC, a South Carolina limited liability company
who is personally known to me or who has produced her Valid Identification aid i,--
calittn
Printed Nfinie: r7 T 11F-, tViJ�l{ He seta
Notary Public lJi cli3_i : }iN CcJ.37
My Commission Expire 1» "r)25 r cL
VT. 19914 L=,�lmnafd I,ettia4n Swami6w ID7t I1611767a1354%FmmnW- Ol 562
ATTACHMENT 5
Schumann Road Indian River, LLC
500 South Florida Ave, Suite 700
Lakeland, FI 33801
16 June 2022
Ms. Lisa Frazier, Director of Community Development
City of Sebastian
1225 Main Street
Sebastian, FI 32958
Re: Presentation - City of Sebastian by Schumann Road Indian River, LLC
Corner of US1 and 600 Schumann Drive
Dear Ms. Frazier,
Please see below our presentation for your review for the proposed land swap and
future improvements to the subject properties following our 5/4/2022 meeting:
Economic:
-Sales Tax to City Of Sebastian:
- C-Store: $22,000 (approx.)
- Retail / Commercial: $30,000 (approx.)
-Gas Tax Collected by Indian River County
- C-Store: $90,000 (approx. $.06 x 1,500,000 annual gallons). Gas tax is
collected by Indian River County and then disbursed based on the
population of the incorporated areas of the county
-Property Tax Revenue:
- C-Store: $7,800 (approx. Sebastian Only)
- Retail / Commercial: $5500 (approx. Sebastian Only)
-Impact Fees:
- C-Store: $65,900 (Indian River County)
- Retail / Commercial: $50,200 (Indian River County)
-Jobs:
- C-Store: 4-6: Full Time Employees. Avg. Hourly Rate: $15.00/ hr
- Retail / Commercial: 2.5 FT Employees per bay: Avg. Rate: $15.00/hr
342 of 562
City and Community Benefits:
- Improve and construct sidewalk along Right of Way adjacent to Sebastian
park, and across the FEC railroad to make for a better walking experience
for residents to the west of the commercial property and park. The
sidewalk improvements will also include a small Xeriscape hedge in the
Right of Way to enhance curb appeal. Sidewalk improvements shall also
be constructed across US 1 along developer property.
- Road Improvements to US 1 & Schumann Drive. By moving the C-Store
back by 100 feet, the developer will be able to make the site safer and
more assessable by improving ingress and egress for large vehicles
including trucks towing trailers for boaters. As part of the revisions to the
site plan, the developer is amenable to to adding both west bound turn
lanes as well as an east bound left turn lane on Schumann Drive.
Park Improvements & Benefits under the Land Swap_
- The proposed land swap will create better access to the City park. In its
current state, access is marginal and limited to mostly pedestrian traffic.
The proposed land swap will provide 30 feet of frontage on Schumann
Drive. This improvement will allow much better access to the park for
owners of cars and city maintenance vehicles, however, more
importantly, it will allow for safe access for pedestrians.
- The land swap will also provide a buffer to the park in that the swap will
move improvements approximately 30 feet from the lake. This buffer will
offer a clear separation from the commercial portion of the entire parcel.
To note, the current property line sits at the top of the bank. The land
swap, traded 1:1 in land area, will offer a considerable higher value than
previous with the addition of the improved 30 foot frontage.
- Any park improvements will also benefit from an improved land
configuration. The new boundary will give the City better flexibility
regarding potential future improvements.
- Finally, the developer is open to the prospect of cost sharing park
improvements such as a new park signage with lighting and landscape.
The developer is also amenable to adding landscape around the existing
historical monument
343 of 562
Thank -you kindly for taking the time to review our presentation and we welcome
your feedback. Mr Shulke is out of the office beginning this weekend but will be
back on July 11th at which time we can schedule a meeting for that week in
accordance with the various parties' availability.
Sincerely yours,
?1W44111t4
Todd Maxwell
Schumann Road Indian River, LLC
Cc: Joseph W. Schulke, P.E., LEED AP
Schulke, Bittle & Stoddard LLC
Attachements
344 of 562
Attachment 6
OWNER AUTHORIZATION
This Owner Authorization shall serve as a designation of Timothy F. Campbell, of Clark,
Campbell, Lancaster, Workman & Airth, P.A., whose address is 500 South Florida Avenue, Suite 800,
Lakeland, Florida 33801 or Joseph W. Schulke, P.E., whose address is 1717 Indian River Boulevard,
Suite 201, Vero Beach, Florida 32960 (either, the "Authorized Agent"), to individually act as agent
for Schumann Road Indian River. LLC, a Florida limited liability company (the "Owner"), whose
address is 500 South Florida Avenue, Suite 700, Lakeland, Florida 33801, with regard to any and
all matters pertaining to the land use, zoning, development approvals, and all federal, state or local
permitting, including, without limitation, applications for a zoning or comprehensive plan
amendment, any site plan approvals, special exceptions, permits, or environmental, Southwest
Florida Water Management District, Army Corps of Engineers, Florida Department of
Transportation or other regulatory permit or application with Polk County, or any other local, state,
federal or other applicable governmental or quasi -governmental entity, and other applications for
approvals deemed reasonably necessary for the development of, the portion of the real property
located in the City of Sebastian, Indian River County, Florida identified by Indian River County
Property Appraiser Parcel Identification Numbers 31391700002406000004.0,
31391700002000100000.0, 31391700002406000007.0 and 31391700002406000001.0 that are owned
by the Owner. This authorization shall remain in effect unless or until revoked in writing.
This Owner Authorization shall be effective as of the date written below.
OWNER;
Schumann Road Indian River, LLC,
a Florida limited liability company
By: . rye, 2'ftwu"&
Lawrence T. Maxwell, its Manager
Date: March 9th , 2023
Texas
STATE OF n,10FditMFS
COUNTY OF ptMKParker
The flAgoing instrument was acknowledged before me by means of Nx physical presence
or R1 online notarization, this 9th day of March, 2023, by Lawrence T. Maxwell, Manager of
Schumann Road Indian River, LLC, a Florida limited liability company, ❑ who is personally
known to me or 9 who produced DRIVER LICENSE as identification.
(NOTY� � 'ai Palurga Shepard U'"'
, e,;
ID NUMBER 'Notary Public — State of Flt6ts exas
Print Name' Palursa Shepard
�9/ATE OF t�'+� COMMISSION EXPIRES
hplifrfrl It ki �A Decernbv 7.2026 My Commission Expires: 12/07/2026
Notarized online using audio -video communication
Owner Authorization
345 of 562
ATTACHMENT 7
C"Cf
SESWIA
HOME OF PELICAN ISLAND
COMMUNITY DEVELOPMENT DEPARTMENT
1225 MAIN STREET ■ SEBASTIAN, FLORIDA 32958
TELEPHONE (772) 569-5518 ■ www.cityofsebastfan.org
DEVELOPMEWREN'IEW
❑ Comp Plan Land Use Amendment ❑ Comp Plan Text Amendment
(Large Scale) ❑ Land Development Code Text Amendment
■ Camp Plan Land Use Amendment ■ Rezoning
(Small Scale) ❑ Annexation
Project Name: Schumann Road Commercial
Parcel ID: Portion of 31391700002000200000.0
Existing Address of Site: 600 Schumann Drive
Proposed Address of Site:
Proposed Use: Institutional
Total Site Area: .07 acres AcresW
Land Use: Institutional Zoning: PS
lContact Name: Timothy F. Campbell, Esquire, Clark, Campbell, Lancaster, Workman & Airth, P.A.
[Address: 500 South Florida Avenue, Suite 900, Lakeland, Florida 33801
Telephone: 963-647-5337 Email: tampbell@clarkcampbell-law.com
Applicant (If not owner, written authorization (notarized) from owner is required)
Owner: City of Sebastian `
Address: 1225 Main Street, Sebastian, Florida 32958
Telephone: 772-388-8228 Email: LFrazicr@Cityof'Sebastian.org
Date Received: Fee Paid: _ Received by:
MURVU
346 of 562
Surveyor:
Address:
Telephone:
Engineer Joseph W. Schulke, P.E.
Email:
Address: 1717 Indian River Boulevard, Suite 201, Vero Beach, Florida 32960
[Telephone: 772-770-9622
Pre — Application Meeting Date:
Email: jschulke@sbsengineers.com
DESCMUMON OF PROPOSED PROJECT:
[-Me request for a land use change for the subject parcel is related to a proposed land swap with the City of Sebastian. The change will
allow the parcel to be conveyed from the City to be consistent with, and become a part of, the existing adjacent propertyowned by
lSchumann Road Indian River.
SIGNATURE OF APPLICANT
I hereby certify that I have read and examined this application and ]mow the same to be true and correct. All
provisions of laws and ordinances governing t ' • pe of work will be complied i , whether specified herein or
not. The granting of approval does not presume o gi+ authorii% to ululate or canes t rovisions of any other state
or local law regulating construction or the perfo i a ons uctin .
Timothti F. Campbell _ Jul• 12.2023
Print name Signature _ Date
Notary:
STATE OF: _.lgrida
COUNTY: Polk
Y hereby certify that on July 12, 2023, personally appeared before me,
Timothy F. Campbell who is _�L personally known to me or has produced
identification. Type of identification produced
[SEAL]
Notary ubiic
My Commission Expires:
`?f - MICHELLE S. ELIASEN
C,o„r=nr fs'J # HN 342744
�
�BS Febfi 4, 2027
FORM B
347 of 562
CROF
SEBASIAN
HOME OF PELICAN ISLAND
COMMUNITY DEVELOPMENT DEPARTMENT
1225 MAIN STREET it SEBASTIAN, FLORIDA 32958
TELEPHONE (772) 589-5518 a wwwxityotsebastion org
I)EVF.IA111NI ' T REVIEW'' APPLICATION
E Camp Plan Land Use Amendment
(Large Scale)
I Comp Plan Land Use Amendment
(Small Scale)
D Comp Plan Text Amendment
F1 Land Development Code Text Amendment
■ Rezoning
❑ Annexation
Project Name: Schumann Road Commercial Total Site Area: .07 acres
Parcel ID: Portion of 31391700002406000007.0
Existing Address of Site: 600 Schumann Drive
Proposed Address of Site:
Acres\SF
Proposed Use: Commercial Land Use: General Commercial Zoning: Commercial General
Contact Name: Timothy F. Campbell, Esquire, Clark, Campbell, Lancaster, Workman & Airth, P.A. J
CAddress: 500 South Florida Avenue, Suite 800, Lakeland, Florida 33801
Telephone: 863-647-5337 Email: tampbell@clarkcampbell-law.com
Applicant (If not owner, written authorization (notarized) from owner is required)
Owner: Schumann Road Indian River, LLC
Address: 500 South Florida Avenue, Suite 700, Lakeland, Florida 33801
FTelephone: 863-272-4615 Email: lawrencemaxwell@hotmO.com
Date Received: Fee Paid: Received by•
1 i5
348 of 562
Surveyor:
Address:
[Telephone; '
Engineer; Joseph W. Schulke, P.E.
Email:
Address: 1717 Indian River Boulevard, Suite 201, Vero Beach, Florida 32960 i
Telephone: 772-770-9622
Pre —Application Meeting Date:
Email:
jschulke@sbsengineers.com
DESCRIPTION OF PROPOSED PROJECT:
[The request for a land use change for the subject parcel is related to a proposed land swap with the City of Sebastian. The change will
Lallow the parcel to be conveyed to the City to be consistent with the existing adjacent property owned by the City of which a portion of
this parcel would become a park (a part of an existing City park).
SIGNATURE OF APPLICANT
I hereby certify that I have read and examined this application and know the same to be true and correct. All
provisions of laws and ordinances governing thi�t��pe of work will be complied w' I whether specified herein or
not. The granting of approval does not presume telgive authority to vio to �r can e1 r r provisions of any other state
or local law regulating construction or the perfor i*aaW of nstr�ictior
Timothy F. Campbell
Print name Signature
Notarv:
STATE OF: Florida
COUNTY: Polk
July 12, 2023
Date
I hereby certify that on July 12, 2023, personally appeared before me,
Timothy F- Campbell who is X personally known to me or has _ produced
identification. Type of identification produced:
[SEAL] J/0J,
1
Not yry PAC, L ttllCHEI l.E HH744 My Commissions Expires:
_ -
�,F" Gres February 4, 2t)27
FORM i3
349 of 562
SUPPLEMENTAL
ENVIRONMENTAL ASSESSMENT REPORT
600 SCHUMANN DRIVE
INDIAN RIVER COUNTY, FLORIDA
March 20, 2022
Prepared by:
ECOLOGICAL CONSULTING OF FLORIDA
850 NW FEDERAL HIGHWAY, SUITE 109
STUART, FL 34994
2220.00
353 of 562
1.0 INTRODUCTION
This assessment is in support of the due diligence for the subject ±1.92-acre site.
2.0 SITE LOCATION
The project is located within Section 17, Township 31 South, Range 39 East within the
City of Sebastian, Indian River County, Florida (Figure 1). Specifically, the project is
located on the east side of Highway A1A approximately 1.55 miles south of the
intersection of US 1 and Sebastian Boulevard. Specifically, the property is located at
600 Schumann Drive, in the northwest quadrant of US 1 and Schumann Drive.
The parcel has and an existing commercial building and associated parking, with open
space on site. Bordering land uses include US 1, commercial and residential properties
and an open space park.
3.0 METHODOLOGY
The assessment methodology consisted of the review of topographic information, soils
maps, and recent aerial photographs.
A field reconnaissance of the subject parcel was then conducted which included
pedestrian transects through the parcel to map and identify specific habitat and land
uses and vegetative cover types. A perimeter transect was conducted to confirm
features that extend off site. Field notes were taken and an aerial photograph was
marked with land use and cover types and any environmental findings.
4.0 TOPOGRAPHY/HYDROLOGY
According to the U.S.G.S. topographic quadrangle (Sebastian, FL), the site has an
average elevation of 10 feet NGVD (Figure 1). The site is vacant with no evidence of
structures, depressions, ditching or wetlands. US 1 abuts the east side of the property,
with Shumann Drive to the south and an open water to the west. Surrounding properties
are undeveloped except for a structure on the property to the north. Field
reconnaissance indicates that a commercial office and parking are located on site. A
ditch is located on site and connects to a small ditch going west off site. There are no
wetlands on site.
354 of 562
5.0 SOILS
According to the Web Soil Survey of Indian River County, FL (NRCS — Web Soil
Survey), the following soils are found on site (Figure 2).
Immokalee fine sand (4)
The soil is common in the County and generally found in flatwood communities. The soil
is not considered hydric.
On site reconnaissance indicates that soils are intact with only surface disturbance from
past development.
6.0 SITE CONDITIONS
An assessment of the extent, distribution, and composition of vegetative communities
for the site was conducted by Chris Sopotnick of Ecological Consulting of Florida (ECF),
on March 14, 2022.
Pedestrian transects were conducted throughout the site with vegetative communities
mapped on a recent aerial photograph.
A description of each community type is provided in the Habitat/Land Use section of this
report
7.0 HABITAT/LAND USE
Onsite habitats and adjacent land uses have been characterized using the Florida Land
Use Cover Classifications System (FWC, 2009) (FLCCS), and are described below and
depicted on the Land Use and Cover Map (Figure 3).
o 4220 — Ditch: The ditch is a broad area 20 feet wide by 2 feet deep along the west
boundary of the site. This ditch is sparsely vegetated but includes Brazilian pepper
(Shinus terebinthifolius), along the edge along with a few Carolina willow (Salix
caroliniana) and pockets of wedelia (Sphagnetiola trilobata).
o 7300 — Brazilian Pepper. This area is dominated by Brazilian pepper and includes a
few cabbage palms (Sabal palmetto).
o 17211 — Open Land. This area has been previously cleared of native vegetation and
grassed with bahia grass (Paspalum notatum). The area is regularly mowed.
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o 17223 — Commercial and Services. This land cover is built out with a commercial
office building and associated parking. Laurel oaks (Quercus laurifolia), and other
ornamentals are found in the cover type.
TABLE 1 — LAND USE AND COVER SUMMARY
FLCCS CODE
COMMUNITY NAME
ACRES
PERCENT
4220
Ditch
0.11
5.7
7300
Brazilian Pepper
0.55
28.7
17211
Open Land
0.88
45.8
17223
Commercial and Services
0.38
19.8
Total Area
1.921
100.0
8.0 CRITICAL HABITAT/ LISTED SPECIES OBSERVATION
A cursory habitat assessment made during this event determined if the habitat was
suitable for listed species that generally utilize the area.
The site is fairly open with a cluster of Brazilian pepper present. The site falls within the
US Fish and Wildlife Consultation are for the Florida Scrub Jay. This bird is found in this
area of Sebastian nesting in scrub habitat and utilizing open areas for foraging. A scrub
jay survey was conducted from March 14 — March 18, 2022. No scrub jays were
observed during the monitoring (See Appendix 1).
Non -listed wildlife or signs of species observed include cottontail rabbit and raccoon
(tracks/scat). All species of wildlife observed are typical representatives of the habitats
on site. None are unusual for the Indian River County area.
A database search of Florida Fish and Wildlife Conservation Commission (FWC)
records for documented bald eagle nests was conducted and none were noted for the
property or within 0.5 mile of the site.
I.
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The Florida Natural Areas Inventory (FNAI) provides a matrix by County of rare and
endangered species in Florida. Based on the known distribution and preferred habitats
of certain species, the following listed wildlife has the potential to occur on site,
TABLE 2 — FNAI LISTED SPECIES
COMMON NAME SCIENTIFIC NAME EVIDENCE/SIGHTING STATUS
FWC USFWS
Eastern Indigo snake
Drvmarchon corias couperi
Not observed
T T
Gopher tortoise
Gobherus poWhemus
Not observed
T
Gopher froq
Rana capito
Not observed
SSC
Florida pine snake
Pituophis melanoleucus mugitus
++
INot observed
SSC
Florida Panther
Puma concolor corvi
INot observed
E E
Burrowinq owl
SpeOtvtO cunicularia
Not observed
SSC
Woodstork
Mvcteria Americana
Not observed
E I E
American Alliqator
Alligator mississiDniensis
Not observed I
T T
Crested caracara
Caracara cherfwav
Not observed
T T
Florida scrub-lav
Aphelocoma coeruluscens
Not observed
T I T
Piping Plover
Charadrius melodus
Not observed I
T T
Red -cockaded
woodpecker
Picoides villosus
Not observed I
E I E
Southeastern
American kestrel
Falco sparverius Paulus
Not observed
T
Florida sandhill crane
Grus Canadensis pratensis
(Not observed I
SSC
Osprey
Pandion haliaetus
(Not observed I
SSC
Snail kite (
Rostrhamus sociabilis plumbeous
(Not observed
E ( E
Least tem '
Stema antillarum
(Not observed
T
Sherman's fox squirrell
Sciurus niger shermani
INot observed I
SSC
Manatee (
Trichechus manatus
(Not observed (
E E
Abbreviations:
SSC = Species of Special Concern, T = Threatened
USFWS = United States Fish and Wildlife Service, FWC = Florida Fish and
Wildlife Conservation Commission,
7
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9.0 WETLANDS AND SURFACE WATERS
The soils map, topographic map and National Wetland Inventory (NWI) were reviewed
to identify potential wetland areas. Subsequent field reconnaissance was performed to
confirm limits of wetlands within the project site.
The soils map identified non-hydric soils on the site.
The topographic map was reviewed and identified an elevation of 10 NGVD. No
wetlands, ditches or depressions were noted on the topographic map.
The NWI map did not identify any wetlands or surface waters on the site (Appendix 2).
On site reconnaissance identified was performed and no wetlands were identified. A
surface water, the ditch is present.
The ditch will fall under the permitting jurisdiction of the St. Johns River Water
Management District (SJRWMD), and potentially the Florida Department of
Environmental Protection (FDEP). This feature is classified as an other surface water by
SJRWMD and does not require mitigation, only to be addressed in the permit. At the
federal level, the FDEP may consider this ditch jurisdictional and therefore require
permitting if impacted. Based on review of the site it is likely that this site may be able to
qualify for a No Permit required determination from FDEP and therefore be exempt from
jurisdiction.
During the planning and permitting, both SJRWMD and FDEP will need to be contacted
to confirm permitting responsibilities.
10.0 CONCLUSSION
The subject property includes a commercial building, exotic vegetation and a ditch on
site. The parcel abuts a local park to the west.
At the state and federal level, it is anticipated that the ditch will be classified as a
surface water and likely only be considered jurisdictional by SJRWMD, and should
qualify for a No Permit Required by the FDEP.
A scrub jay survey was conducted in accordance with USFWS methodology within the
survey month of March. No scrub jays were observed during any event.
8
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APPENDIX 9 - SCRUB JAY SURVEY
�lj
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Scrub Jay Survey
600 Schumann Drive
March 14 —18, 2022
Survey Performed by Chris Sopotnick
Date/Times Station# Results Weather Conditions,
3/14/22 08:00/08:20 1 no birds 5-8 MPH NE /clear sky 70 °
2 no birds
3/15/22 09:20/09:40 1 mockingbird 10-15 MPH NE/ overcast 700
2 no birds
3/16/22 09:30/09:50 1 no birds 5-8 MPH SW/ overcast 740
2 no birds
3/17/22 09:00/09:20 1 bluejay 0- 5 NW MPH W/ clear 721
2 no birds
3/18/22 08:00/08:20 1 no birds 0-5 NE MPH E/ clear 700
2 no birds
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APPENDIX 2 — National Wetland Inventory Map
IR
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MOO
HOME OF PELICAN ISLAND
CITY COUNCIL AGENDA TRANSMITTAL
Council Meeting Date: September 27, 2023
Agenda Item Title: Council Travel to 2023-2024 Legislative Policy Committee Meetings &
Conference
Recommendation: Authorize the travel reimbursement for any member of City Council to attend
the scheduled Legislative Policy Committee Meetings and Conference in
Orlando, FL
Background: In accordance with Code Sec. 2-35, prior authorization is needed for travel
more than 75 miles.
The Florida League of Cities 2023-2024 Legislative Policy Committee Meetings are scheduled for:
September 8, 2023, at the Rosen Centre Orlando, 9840 International Drive, Orlando, FL, 32819; October 6,
2023, at the Gaylord Palms Resort & Convention Center, 6000 West Osceola Parkway, Kissimmee, FL 34746
with the fmal meeting on November 30, 2023, during the legislative conference (November 29 to December
1) at the Hilton Orlando, 6001 Destination Parkway, Orlando, FL, 32819
If Agenda Item Reouires Expenditure of Funds:
Budgeted Amount: $4500
Total Cost: Approx. Per Diem $497.98 Per Member; Approx. Hotel $340.00 Per Member
Funds to Be Utilized for Appropriation: General Fund
Administrative Services Department Review:
City Attorney Review:
City Manager Authorization: C ,
Date: qhl.ljoaj
0
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COMMITTEES
Florida League of Cities
Each year, municipal officials from across the state
volunteer to serve on the League's five Legislative
policy committees.
The Florida League of Cities' Legislative Policy Committees set the legislative
agenda for the League and Florida's 411 municipalities.
The FLC Legislative Policy Committees set the legislative platform for the
League and Florida's 411 municipalities.
The Committees include:
• Finance, Taxation and Personnel
• Land Use and Economic Development
• Municipal Administration
• Transportation and Intergovernmental Relations
367 of 562
Appointments are typically a one-year commitment and involve developing the
League's Legislative Action Agenda detailing priority issues that are most likely
to affect daily municipal governance and local decision making during the
upcoming legislative session. Policy committee members also help League staff
understand the real -world implications of proposed legislation and are asked
to serve as advocates throughout the legislative process.
The 2022-2023 chairs, staff contacts and rosters for each policy committee can
be found below. Our gratitude to the officials who are serving as chair and
vice -chair of these committees. Their leadership is essential as we prepare for
another Legislative session.
In addition to the policy committees, League members also serve on the
following standing committees: the Legislative Committee, the Advocacy
Committee and the Resolutions Committee. Learn More
2023-2024 Meeting Schedule
• September 8, 2023, from 10:00 a.m. to 2:00 p.m. at the Rosen Centre
Orlando, 9840 International Drive, Orlando, FL, 32819
• October 6, 2023, from 10:00 a.m. to 2:00 p.m. at the Gaylord Palms Resort
& Convention Center, 6000 West Osceola Parkway, Kissimmee, FL 34746
• November 30, 2023, from 10:00 a.m. to 12:00 p.m. during FLC Legislative
Conference at the Hilton Orlando, 6001 Destination Parkway, Orlando, FL,
32819
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. X
SESAST"
HOME OF PELICAN ISLAND
CITY COUNCIL AGENDA TRANSMITTAL
Council Meeting Date: September 27, 2023
Agenda Item Title: FFY 2022 Edward Byrne Memorial Justice Assistance Grant (JAG) Program
Recommendation: Move to approve the application process for the 2022 FFY 2022 Edward
Byrne Memorial Justice Assistance Grant (JAG) Countywide State Solicitation in the amount of $ 12,799.00,
approve the Mayor to sign the 51 % letter to provide to the County Commission for submission and approve
the purchase after grant approval.
Background: On July 07, 2023 we received notice of grant funds available to Indian River
County as part of the Florida Department of Law Enforcement (FDLE) United States Dept. of Justice
(USDOJ) for FY 2022 JAG funds. FDLE has allocated $63,999 to Indian River County, in accordance with
the Florida JAG direct distribution provision of Chapter I 1 D-9, Florida Administrative Code. Applications
must be submitted prior to the Oct. 02, 2023 deadline. The grant funds can only be utilized for specific
programs to include law enforcement. The police department plans to purchase equipment with the funds and
will complete the grant by the Oct. 02, 2023 deadline.
If Agenda Item Requires Exaenditure of Funds:
Budgeted Amount: $0
Total Cost: $12,799.00
Funds to Be Utilized for Appropriation: Edward Byrne Memorial JAG Program Grant
Attachments:
1. Grant Notice
2. Grant Information
3. 51 % Letter
Administrative Services Departm nt RevieW 1 CL _'J .1
/
City Attorney Review: L&U'
Procurement Division Review, if applicable: �k
City Manager Authorization: (�
Date: 9lfli i ,��o�J
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Brian Benton
From: Criminal Justice<CriminalJustice@fdle.state.fl.us>
Sent: Friday, July 07, 2023 3:40 PM
To: Criminal Justice
Subject: Now Available: FY2022 JAGC Solicitation
Importance: High
CAUTION: This email originated from OUTSIDE our email system. PLEASE exercise caution when opening ANY
attachments or clicking on links. ESPECIALLY from unknown senders.
Good Afternoon Byrne JAG Partners:
We are pleased to announce the JAG -Countywide (JAGC) local solicitation is now available. The solicitation describes the
application process and includes an appendix with the allocations for each county. To view the solicitation, instructions,
and additional program guidance for this funding opportunity, please see the Funding page on our website.
Each Board of County Commissioners (BOCC) must complete the Certificate of Participation to designate a County
Coordinator.
A county coordinator is appointed to:
• coordinate the 51% process;
• ensure all 51% letters are submitted to OCJG prior to application;
• distribute the AmpliFund application opportunity portal link and instructions to applicants approved by the 51%
process;
ensure each applicant meets program eligibility requirements; and
oversee application submissions within the jurisdiction to ensure deadlines and program requirements are met.
The Certificate of Participation must be completed and submitted to criminaliustice@fdie.state.fl.us_ by Monday. Julv 31,
2023.
Once the certification is received, FDLE will forward additional information to the County Coordinator.
FDLE cannot approve any JAGC subgrant applications until the county's 51% process has been completed and OCJG has
received all properly signed letters. 51% Letters must be submitted to criminal iusticePfdle.state.fLus by Monclav,
October 2, 2023.
In previous solicitations multiple 51% Letters were rejected. As a result, a training guide was created to provide
clarification on the 51% Letter requirements. To ensure 51% Letters meet all requirements, County Coordinators are
advised to review the 51% Letter Guide.
JAGC subrecipients and implementing agencies are encouraged to contact their County Coordinators with any questions
regarding this process.
Thank you and we look forward to working with you on this program.
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OFFICE OF CRIMINAL JUSTICE GRANTS
Florida Department of Law Enforcement I Business Support
Program
(850)617-1250
Post Office Box 1489, Tallahassee, FL 32302-1489
criminaliusticeC@fdle.state.fl.us
www.fdle.state.fl.us I Office of Criminal Justice Grants
t v C
Attention: Florida has a very broad public records law. Most written communications
to or from state officials regarding state business are public records available to the
public and media upon request. Your email communications may therefore be
subject to public disclosure. Consider the environment before printing this e-mail.
This email has been scanned for Spam and viruses by Proofpoint Essentials. Click here to report this email
as Spam.
2
371 of 562
9 Florida Department of Law Enforcement
10.6 Office of Criminal Justice Grants
�vr Post Office Box 1489 Tallahassee, Florida 32302-1489 (850) W-1250 criminaliustice ,fdle.state.fl.us
Federal Fiscal Year 2022
Edward Byrne Memorial Justice Assistance Grant (JAG) Program
JAG -Countywide (JAGC) Solicitation
SUBMISSION DEADLINE: 11:59 PM EST on Monday, October 2, 2023
The Florida Department of Law Enforcement (FDLE), Office of Criminal Justice Grants (OCJG) is seeking
applications for the state's Edward Byrne Memorial Justice Assistance Grant Countywide (JAGC) Program.
This program focuses on helping state and local agencies improve the criminal justice system.
Eligibility
Eligible applicants are limited to units of local government. A unit of local government is defined as a city,
county, town, township, borough, parish, village, or other general-purpose political subdivision of the state,
including Native American Tribes who perform law enforcement functions as determined by the Secretary
of the Interior.
The allocations by county for Florida's FY 2022 JAGC program can be found in Appendix C.
Contact Information
The Office of Criminal Justice Grants (OCJG) main line is (850) 617-1250. For questions regarding this
solicitation, ask to speak with the carant manager for vour jurisdiction.
JAG Funding Assistance — Florida
FY22 Program Information
Page 1 of 2
(0612023)
372 of 562
Table of Contents
ProgramDescription.................................................................................................................. 3
Length of Award and Distribution of Funds.................................................................................
3
Local Planning and Approval Process........................................................................................
3
Program Strategy and Purposes................................................................................................
3
Federal Priority Areas for Funding..............................................................................................
4
State-wide Funding Priorities.....................................................................................................
7
EligibilityRequirements..............................................................................................................
8
Match........................................................................................................................................11
AdministrativeCosts.................................................................................................................11
Prohibited Uses & Expenditures................................................................................................11
Other Restrictions Requiring Compliance, Certification, or Prior Approval.................................11
State and Federal Transparency...............................................................................................15
Application Instructions and Deadline.......................................................................................16
ApplicationRequirements.........................................................................................................16
StandardConditions.................................................................................................................17
AppendixA...............................................................................................................................18
AppendixB...............................................................................................................................19
AppendixC...............................................................................................................................20
JAG Funding Assistance — Florida Page 2 of 3
FY22 Program Information (06/2023)
373 of 562
Program Description
The Florida Department of Law Enforcement (FDLE) received an award from the United States Department
of Justice (USDOJ) for the Edward Byrne Memorial Justice Assistance Grant (JAG). FDLE will distribute
$6,977,031 in JAG -Countywide (JAGC) local share funds in accordance with the JAGC distribution
provisions of Chapter 11D-9, Florida Administrative Code. This Notice of Funding Opportunity seeks
subrecipient applications for activities as they relate to criminal justice.
Please note this program solicitation contains information provided by the USDOJ regarding specific areas
of national focus and the priorities to help maximize the effectiveness of Byrne/JAG funding. Applicants are
strongly encouraged to consider these federal priorities when developing their applications.
Length of Award and Distribution of Funds
JAG -Countywide awards will be approved for a six (6) to eighteen (18) month project period between
October 1, 2022 and September 30, 2024.
Grant funds are distributed on a cost reimbursement basis, with the ability to advance, for satisfactory
performance of eligible activities. Payment requests can be submitted on a monthly or quarterly basis and
should include total expenditures for the reporting period. Reimbursements will be processed in conjunction
with the receipt and review of programmatic performance reports to determine successful completion of
minimum performance deliverables as specified in the agreement.
Local Planning and Approval Process
For JAG -Countywide each county is allocated a portion of the state's federal award for use by local units
of governments within the jurisdiction. FDLE determines each county's allocation through a funding
algorithm based on population and crime statistics. The county is then required to complete a local planning
process to determine how the allocation will be distributed.
Chapter 11D-9, Florida Administrative Code, requires the unit of government in each county to reach
consensus concerning the expenditure of JAG funds allocated to the jurisdiction. Consensus includes
agreeing upon the projects to be implemented and the agency or agencies responsible for implementation
through the 51% orocess. Each county must document the consensus by submitting letters from at least
51% of the units of government in the county, representing a minimum of 51% of the county's population.
Coordination is vital to meeting this program requirement, and FDLE requests that the county board of
commissioners serve as the coordinating unit for all local governments within the county. The Chairman of
the Board of County Commissioners is requested to return a Certificate of Participation indicating the
county's willingness to serve, and designating a primary point of contact (e.g. County Coordinator) for
coordination efforts. In the event the county declines to serve in this capacity, FDLE will request the
goveming body of each municipality within the county, in descending order of population, serve as the
coordinating unit of government.
Program Strategy and Purposes
JAG funds may be used for state and local initiatives, technical assistance, training, personnel, equipment,
supplies, contractual support, and information systems for criminal justice in any one or more of the
following purpose areas:
1. Law enforcement programs;
2. Prosecution and court programs;
3. Prevention and education programs;
4. Corrections and community corrections programs;
5. Drug treatment and enforcement programs;
JAG Funding Assistance — Florida
FY22 Program Information
Page 3 of 4
(06/2023)
374 of 562
Planning, evaluation, and technology improvement programs;
Crime victim and witness programs (other than compensation); and
Mental health programs and related law enforcement and corrections programs, including
behavioral programs and crisis intervention teams.
9. Implementation of state crisis intervention court proceedings and related programs or initiatives,
including but not limited to: mental health courts; drug courts; veteran courts; and extreme risk
protection order programs.
Additionally, JAG funds awarded under this solicitation may be used for purposes identified in BJA's
allowable programs reference guide.
Federal Priority Areas for Funding
BJA issues funding priorities in conjunction with JAG program guidance to ensure recipients and
subrecipients are aware of areas of national focus and priority, and maximize the effective use of JAG
funds. As a result, Florida passes -through these priority areas to subgrantees in the JAG -Countywide
solicitation. The federal JAG funding priorities for FY22 awards and subawards are as follows:
Combatting Hate Crime: Hate crimes (sometimes called bias -motivated crimes) are criminal offenses
motivated by some form of bias toward victims on the basis of their perceived or actual race, color, religion,
national origin, sexual orientation, gender, gender identity, or disability. As noted in the June 21. 2021 BJA
Acting Director Mahonev Letter to SAA Directors and the January 26, 2022 DOJ Associate Attornev General
Gupta Letter to SAA Directors, JAG funds may be used to prevent and respond to hate crimes and bias -
motivated attacks. BJA encourages JAG recipients to utilize funding to prioritize efforts to identify,
investigate, report, and prevent hate crimes and hate incidents; increase public awareness and
expand/enhance the reporting of hate crimes; enhance the capacity of law enforcement and prosecutors to
prevent and address hate crimes through education, training, and tools to investigate and prosecute hate
crime cases; increase collaboration between federal, state, local, tribal, and territorial (SLTT) law
enforcement and prosecution agencies in their investigation and prosecution of hate crimes; assist SLTT
law enforcement with training in identifying and classifying hate crimes and update these crimes in their
entries in the National Incident -Based Reporting System (NIBRS); create state -run hate crime reporting
hotlines that direct individuals to law enforcement, if appropriate; and fund victim support services. More
information on BJA's !rate crimes portfolio, including the Emmett Till Cold Case Investigations and Matthew
Shepard and James Bvrd. Jr. Hate Crimes programs, can be found at bate Crime I Bureau of Justice
Assistance (olp.gov).
Promotina Public Trust between Communities and Criminal Justice Agencies: For many
communities, recent high -profile incidences of excessive uses of force have contributed to strained
relationships and a lack of confidence in law enforcement, courts, and prosecutors. Justice system
practitioners' ability to address crime and collaborate with the public depends on having trust and legitimacy
with the communities they serve. Criminal justice agencies must work together to renew and strengthen
relationships with community members and leaders in order to elevate public confidence and trust in law
enforcement, the courts, prosecutors, defense counsel, and corrections; reduce crime; and ensure that the
rights of all are protected. In his January 21, 2022, remarks to the U.S. Conference of Mavors, Attorney
General Garland stated, "...promoting public trust between communities and law enforcement is essential
to making both communities and policing safer. The department will continue to fulfill its duty to ensure the
constitutional policing practices that promote the accountability necessary to build that public trust." As
such, BJA encourages SLTT jurisdictions to utilize JAG funding in support of projects that aim to partner
police and community organizations and advance constitutional policing practices that create the
transparency and accountability necessary to build public trust. The practices include, but are not limited
to: eliminating racial profiling and implicit bias, eliminating excessive force and chokeholds, eliminating "no-
knock" warrants in drug cases, eliminating contractual arrangements that prevent investigations of law
enforcement misconduct, and prohibiting sexual contact between police and persons in their custody. BJA
also encourages SLTT jurisdictions to utilize JAG funding in support of projects that aim to increase trust
JAG Funding Assistance — Florida Page 4 of 5
FY22 Program Information (0612023)
375 of 562
and confidence in prosecutorial, defense, and court practices such as neighborhood -focused community
courts programs and building capacity and tools to protect constitutional rights under the Sixth Amendment.
Reducing Violent Crime: Although the Federal Bureau of Investigation (FBI) Uniform Crime Report (UCR)
Crime in the United States publications for 2020 and 2021 are not yet available, there are other indicators
to suggest that certain types of violent crime increased in many areas. According to an analysis of 27 cities
conducted by the Council on Criminal Justice, incidents of homicide increased 5 percent over 2020, which
had already seen a 44 percent increase in homicides over 2019. Also, preliminary data compiled by the
National Law Enforcement Officers Memorial Fund (NLEOMF) indicates that as of December 31, 2021, 458
federal, state, tribal, and local law enforcement officers died in the line of duty in 2021. This is an increase
of 55 percent from the 295 officers killed during the same period in 2020 and is the highest total line -of -duty
officer deaths since 1930 when there were 312 fatalities. In addition, the past year has seen an
unprecedented increase in threats of violence against Americans who administer the election process in
our country.
In June of 2021, the Biden-Harris Administration announced a Comprehensive Strate4v to Prevent and
Respond to Gun Crime and Ensure Public Safetv to stem the flow of firearms used to commit violence
including by holding rogue firearms dealers accountable for violating federal laws; supporting local law
enforcement with federal tools and resources to help address summer violent crime; investing in evidence -
based community violence interventions; expanding summer programming, employment opportunities, and
other services and supports for teenagers and young adults; and helping formerly incarcerated individuals
successfully reenter their communities.
Recognizing that violent crime and the drivers of that crime vary from community to community, BJA
encourages JAG grantees to invest funds to tailor programs and responses to state and local crime issues
through the use of data and analytics; coordinate with United States Attorneys and Project Safe
Neighborhoods grantees in order to leverage funding for violence reduction projects, and coordinate their
law enforcement activities with those of federal law enforcement agencies such as the FBI, the Bureau of
Alcohol, Tobacco, Firearms, and Explosives, the Drug Enforcement Administration, the United States
Marshals Service, and the Department of Homeland Security (DHS); and form partnerships with federal,
state, and local law enforcement and prosecutors to identify persons who use guns in the commission of a
crime and who purchase or sell guns illegally. This includes ensuring that persons prohibited from
purchasing firearms (see e.g.,18 U.S.C. § 922(g)) are deterred from doing so by enhancing complete,
accurate, and timely access to the FBI's National Instant Criminal Background Check System (NICS) and
the submission of all necessary records to the FBI databases in a timely fashion, thereby helping to prevent
illegal transfers of firearms to those who are prohibited from owning firearms under current law.
In addition, in June 2021, DOJ issued guidance regarding threats against election workers and launched a
task force to address the rise in such threats. BJA also sent a letter to SAA Directors clarifying that JAG
funds can be used to deter, detect, and protect against threats of violence against election workers,
administrators, officials, and others associated with the electoral process. BJA encourages JAG recipients
to utilize funds to prevent and respond to violent threats of this kind.
Community Violence Interventions: In April 2021, the Biden-Harris Administration announced historic
investments in community violence intervention (CVI) efforts to combat the gun violence epidemic. CVI is
an approach that uses evidence -informed strategies to reduce violence through tailored, community
centered initiatives. These multidisciplinary strategies engage individuals and groups to prevent and disrupt
cycles of violence and retaliation and establish relationships between individuals and community assets to
deliver services that save lives, address trauma, provide opportunity, and improve the physical, social, and
economic conditions that drive violence. CVI strategies typically focus on high risk individuals and gang and
gun violence, as well as the historical and structural challenges that often contribute to community violence.
CVI strategies should involve holistic, coordinated interventions attending to the multiple needs of
individuals at high risk of gang and gun violence. For example, hospital -based violence intervention
programs use credible messengers to connect with victims of gun violence while they are still in the hospital,
and then wraparound services are typically deployed such as behavioral health supports, employment
access, housing advocacy, and family supports. For more examples of CVI strategies, visit
httos:Hbia.oio.gov/Drogram/community-violence-intervention/overview. BJA encourages JAG recipients to
invest JAG funds to tailor programs and responses to CVI in an effort to build strong, sustained partnerships
JAG Funding Assistance — Florida Page 5 of 6
FY22 Program Information (06/2023)
376 of 562
with community residents and organizations to support CVI work in communities most impacted by violent
crime. CV1 strategies will be highlighted on BJA's National Training and Technical Assistance Center
(NTTAC) website, and jurisdictions looking to implement those strategies can request training and technical
assistance (TTA) on the NTTAC website.
Addressing COVID-19 Criminal Justice Challenqes and Sustaininq Innovations: As a result of the
COVID-19 pandemic, SLIT criminal justice agencies implemented various community mitigation policies
to prevent and reduce the spread of COVID-19. Courts at every level were forced to cancel or significantly
scale back proceedings, which commonly included suspending in -person hearings, granting extensions of
court deadlines and waivers of speedy trials, restricting access to court buildings, and postponing jury trials.
This created a backlog of cases, which impacted criminal court operations and court staff, victims, and
witnesses, as well as defendants. To address backlogs and other consequences of the necessary mitigation
policies, SLTT agencies created innovative ways to administer justice. While many of these innovations
had an up -front cost, they hold significant potential to be cost saving and efficient over time. For example,
correctional facilities have enabled virtual programming, education, medical appointments, and family visits,
as well as efforts to reduce incarcerated populations. Police departments have hosted virtual community
engagement events and opportunities, and courts and community corrections have increased the use of
virtual staffing, status hearings, client visits, and access to treatment and support services. In addition,
resources have supported the purchase of technology like headsets and Wi-Fi hotspots to ensure
confidentiality of defense counsel with clients, as well as partnerships with community partners to host
outdoor events like drug court graduations. It is important for SLTT agencies to sustain innovations that
improved both the efficiency and effectiveness of justice system operations, and BJA encourages JAG
recipients to utilize funds for continued innovation sustainment activities and to continue to address the
backlog of cases. This could include the purchase of technology to enhance the use of virtual tools to
conduct outreach to witnesses and defendants, as well as for hearings and status conferences, staffing,
and enhancing access to services; resources to assist the jurisdiction to develop or enhance its case
management system to assess and work to eliminate the backlog of cases; building tools to support
diversion and alternatives to incarceration as part of the review of backlogged cases; and technology and
equipment to retrofit court houses and staff to mitigate risks to staff and those coming to court. In addition
to or in conjunction with support for technology, BJA encourages SLTT agencies to address backlogs by
instituting triage and other case -processing improvements, including diversion practices, by prosecutors
and courts pretrial, as well as the implementation of legal and nonlegal navigators to guide and support
defendants through the legal process.
Crime Analvsis and Investigation: With the recent increases in violent crime, crime analysis and
investigations have become increasingly vital. Law enforcement agencies that have robust analysis
capabilities are better able to focus their limited resources in ways that directly improve public safety while
protecting the rights of civilians. According to the International Association of Crime Analvsts (IACAJ, "Crime
analysis is both a profession and a set of techniques.' The professionals who perform crime analysis, and
the techniques they use, are dedicated to helping law enforcement agencies become more effective through
the use of relevant metrics, information, and analytical practices.
This past year ransomware has emerged as an international challenge affecting public sectors, private
sectors, and even individuals. According to Cybersecurity and Infrastructure Security Agency (CISA) Alert
(AA22-040A), "ransomware tactics and techniques continued to evolve in 2021, which demonstrates
ransomware threat actors' growing technological sophistication and an increased ransomware threat to
organizations globally." To combat this growing threat, DOJ, DHS, and other federal partners have launched
a centralized repository of resources for organizations and individuals at StopRansomware.pov. This is a
collaborative effort across the federal government and is the first joint website created to help private and
public organizations mitigate their ransomware risk.
BJA encourages JAG recipients to utilize funds to support crime analysis efforts, including the hiring of
cybercrime analysts and investigators, as well as cybercrime training for state or local law enforcement and
emergency dispatch personnel. Recipients utilizing grant funds to support technological devices, artificial
intelligence, predictive analytics, and other data -driven solutions ("Technological enhancements") directly
should ensure those projects address the tenants of digital trust to include: how the technology will be
carefully implemented through training of personnel and the setting and enforcement of policies governing
its use to ensure that it contributes to positive outcomes for public safety, the community and/or the criminal
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justice system; and how the recipient will safeguard privacy, civil rights, and civil liberties throughout the
duration of the project period.
Additional Uses of JAG Funds
JAG funds awarded under this FY 2022 solicitation may be used to:
• Enforce state and local laws that establish offenses similar to offenses established in 21 U.S.C. §
801 et seq. and/or improve the functioning of the criminal justice system, with emphasis on violent
crime and serious offenses, by providing additional personnel, equipment, training, technical
assistance, and information systems for the more widespread apprehension, prosecution,
adjudication, detention, and rehabilitation of persons who violate these laws, and assist the victims
of such crimes (other than compensation).
• Support projects related to preventing, detecting, seizing, and/or stopping the presence and use of
contraband cellphones within correctional facilities. This includes the purchasing of managed
access systems and other mitigation technologies (as permitted by applicable law).
• Purchase fentanyl and methamphetamine detection equipment, equipment including handheld
instruments and training for law enforcement safety, as well as opioid reversal agents.
• Purchase drug -detection canines to combat the rise of drug trafficking, including that of
methamphetamines.
• Support efforts to seal and expunge criminal history information in accordance with state laws and
policies.
• Support efforts to attract and retain an all-inclusive, diverse, expert, and accountable law
enforcement workforce.
• Support virtual reality de-escalation training.
• Purchase humane remote restraint devices that enable law enforcement to restrain an
uncooperative subject without requiring the infliction of pain.
• Purchase gunfire detection technology.
Additionally, JAG funds awarded under this FY 2022 solicitation may be used for any purpose indicated
here: Purposes for Which Funds Awarded the Edward Bvrne Memorial Justice Assistance Grants (JAG)
Program Mav Be Used (oip.gov).
State-wide Funding Priorities
In order to comply with the statewide strategic planning requirements outlined in Section 502 of the
Omnibus Crime Control and Safe Streets Act, FDLE conducted a survey in 2019 to gauge statewide
priorities within each program area for funding.
Subrecipients are strongly encouraged to fund projects addressing at least one of the priorities outlined
below. If the subrecipient wishes to fund a project that does not address one of the identified funding
priorities, a written justification will need to be submitted to OCJG along with the application.
Law Enforcement
• Equipment
• Training
• Traffic Enforcement
• Community Policing & Engagement
Prevention and Education
+ Anti -drug Programs
• School Violence Prevention
• Domestic Violence Prevention
• Pharmaceutical & Substance Abuse
JAG Funding Assistance — Florida
FY22 Program Information
Prosecution & Courts
• Pre-trial Diversion
• Recidivism
• Training
• Property & White -Collar Crime
Corrections and Community Corrections
• Behavioral Health Services
• Workforce
• Recidivism
• Diversion
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Drua Treatment and Enforcement
• Surveillance Equipment
• Drug Enforcement — Single Jurisdiction
• Multi -Jurisdictional Task Forces &
Pharmaceutical Partnerships
• First responders, Crisis Response,
Stabilization, Antagonists/Detox
Crime Victim & Witness
+ Behavioral Health Services
• Advocacy Services
• Counseling & Clinical Services
• Children Exposed to Violence, Abuse, &
Neglect
Plannina. Evaluation & Technologv
• Technology Upgrades
+ Crime Statistics Reporting
• Investigative & Surveillance Technology
• Grant Management
Mental Health
• Crisis Intervention Team Training &
Support
• Evaluation/Assessments
• Suicide Risk Assessment, Response &
Protocols
• Outpatient/Community Based Behavioral
Health Programs
FDLE's ByrnelJAG strategic plan is available for review at:
htti3://www.fdle.state.fl.us/Grants/Documents/JAGC/SFY2020/2019 JAG -Strategic -Plan FINAL.asox
Eligibility Requirements
Applicants for JAG subawards must comply with all terms and conditions of the federal award and
subaward, including those incorporated by reference. This section identifies specific program requirements
that must be met as a condition of eligibility to receive federal funds under this program.
Each applicant must be able to document compliance with the following requirements:
8 U.S.0 M 373 Communication Between Governments and the Immigration and Naturalization Service
8 U.S.0 M 644 Communication Between State and Local Government Agencies and Immigration and
Naturalization Service
2 C.F.R. � 200.318-327 Federal Procurement Standards
2 C.F.R Part 200.300-309 Standards for Financial and Program Management
2 C.F.R. Part 25 Universal Identifier and System forAward Management (SAM) Requirements
28 C.F.R. Part 42 Nondiscrimination; Equal Employment Opportunity; Policies and Procedures
SAM Reqistration
To apply for JAG funds, an organization and its users must be registered in AmpliFund and the organization
must be registered with the U.S. Federal Government's System for Award Management (SAM) (2 C.F.R.
Part 25).
To create or update your organization's annual SAM registration, go to SAM.gov. The process can take up
to 10 business days.
Compliance with Applicable Federal Laws
At the time of application, potential subrecipients are required to certify compliance with all applicable
federal laws. All applicants should understand that if the DOJ Office of Justice Programs receives
information indicating an applicant may be in violation of any applicable federal law, the applicant may be
referred to the DOJ Office of Inspector General (OIG) for investigation. If the applicant is found to be in
violation of an applicable federal law by the OIG, the applicant may be subject to criminal and civil penalties,
in addition to relevant OJP programmatic penalties, including suspension or termination of funds, inclusion
on the high -risk list, repayment of expended funds, and/or suspension and debarment.
Civil Riahts Reaulrements
Federal laws prohibit subrecipients of financial assistance from discriminating on the basis of race, color,
national origin, religion, sex, disability, or age in funded programs or activities. All subrecipients,
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implementing agencies, and contractors must comply with any applicable statutorily -imposed
nondiscrimination requirements, which are summarized below:
• Title VI of the Civil Rights Act (Title VI) of 1964, as amended, 42 U.S.C. § 2000d, and the DOJ
implementing regulation, 28 C.F.R. pt. 42, subpts. C & D (prohibiting discrimination in federally
assisted programs based on race, color, and national origin in the delivery of services or benefits).
Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, as amended, 34
U.S.C. §§ 10228(c) & 10221(a), and the DOJ implementing regulations, 28 C.F.R. pt. 42, subpts.
D (prohibiting discrimination in programs funded under the statute, both in employment and in the
delivery of services or benefits, based on race, color, national origin, sex, and religion) & E
(requiring certain DOJ-funded programs subject to the administrative provisions of the statute to
prepare, maintain, and submit an Equal Employment Opportunity Plan (EEOP)). Applicants are
advised to use the Office for Civil Rights EEO Reporting Tool at
(htti)s://oiD.Qov/aboutiocr/eeop.htm).
• Section 504 of the Rehabilitation Act (Section 504) of 1973, as amended, 29 U.S.C. § 794, and
the DOJ implementing regulation, 28 C.F.R. pt. 42, subpt. G (prohibiting discrimination in federally
assisted programs based on disability both in employment and in the delivery of services or
benefits).
• Title IX of the Education Amendments (Title IX) of 1972, as amended, 20 U.S.C. § 1681, and
the DOJ implementing regulations, 28 C.F.R. pt. 42, subpt. D & pt. 54 (prohibiting discrimination in
federally assisted education programs based on sex both in employment and in the delivery of
services or benefits).
• Title II of the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12132, and the
implementing regulation at 28 C.F.R. § 35.171(a)(1)(i), (3)(i) (prohibiting discrimination based on
disability both in employment and in the delivery of services or benefits).
• Age Discrimination Act (Age Act) of 1975, as amended, 42 U.S.C. § 6102, and the DOJ
implementing regulation, 28 C.F.R. pt. 42, subpt. I (prohibiting discrimination in federally assisted
programs based on age in the delivery of services or benefits).
• Juvenile Justice and Delinquency Prevention Act (JJDPA) of 1974, as amended, 34U.S.C. §
11182(b), and the DOJ implementing regulations, 28 C.F.R. §§ 31.202, .403 & pt.42, subpart. D
(prohibiting discrimination in programs funded under the statute, both in employment and in the
delivery of services or benefits, based on race, color, national origin, sex, and religion)
• Victims of Crime Act (VOCA) of 1984, as amended, 34 U.S.C. § 20110(e) and the regulation
implementing the Victim of Crime Act Victim Assistance Program, 28 C.F.R.§ 94.114 (prohibiting
discrimination in programs funded under the statute, both in employment and in the delivery of
services or benefits, based on race, color, national origin, sex, religion, and disability).
• Executive Order 13559, amending Executive Order 13279, and the DOJ implementing regulation.
Partnerships with Faith -Based and Other Neighborhood Organizations, 28 C.F.R. pt. 38 (prohibiting
discrimination in federally assisted social service programs based on religion in the delivery of
services or benefits).
• Equal Employment Opportunity Certification (EEOC): Applicants must submit an EEG
Certification annually within 120 days of the subaward. Failure to submit the required EEO
Certification will result in the withholding of grant funds. Applicants are advised to use the Office for
Civil Rights EEO Reporting Tool at fhttps://Oio.gov/about/ocr/eeop.htm).
• Limited English Proficiency (LEP): In accordance with Department of Justice Guidance
pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. Part 2000d, applicants in receipt of
federal financial assistance must take reasonable steps to provide meaningful access to their
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programs and activities for persons with LEP. FDLE strongly advises applicants to have a written
LEP Language Access Plan. For more information visit htti)s://www.leiD.ciov/.
• Partnerships with Faith -Based and Other Neighborhood Organizations: Applicants, must
comply with all applicable requirements of 28 C.F.R. Part 38, "Partnerships with Faith -Based and
Other Neighborhood Organizations", specifically including the provision for written notice to current
or prospective program beneficiaries.
Filing a Complaint - If the applicant or any of its employees, contractors, vendors, or program beneficiaries
has a discrimination complaint, they may file a complaint with the FDLE, its subrecipient, or with the Office
for Civil Rights.
Discrimination complaints against the FDLE OCJG or one of its subrecipients may be filed using the OCJG
complaint form or by letter and be submitted to FDLE by mail at: FDLE Office of General Counsel, Attention
Civil Rights Complaint Coordinator, PO Box 1489, Tallahassee, FL 32302. Alternatively, the complaint may
be delivered by facsimile to (850) 410-7699, or via email to the Office of General Counsel via the General
Counsel for FDLE or the General Counsel's designee.
Complaints filed by letter should include the following information:
1. Name, address, telephone number, and email address of the complainant.
2. The victim or other witness of the alleged discrimination, if it is someone other than the
complainant, if known.
3. The basis for the complaint, e.g., the complaint alleges (1) discrimination in services or
employment based on race, color, national origin, sex, religion, or disability, or discrimination
in services based on age, or (2) retaliation for engaging in protected activity. Please include
as much detail as possible.
4. The date of the alleged discriminatory or retaliatory conduct.
5. The name and title of the person(s) who is alleged to have engaged in the discriminatory or
retaliatory conduct.
6. The complaint must be in writing, dated, and signed by the complainant.
As an alternative, or in addition to filing a complaint with the FDLE or a subrecipient, an individual may file
a complaint with an appropriate external federal agency.
If a complaint involves employment discrimination, the complainant may file a complaint with:
U.S. Equal Employment Opportunity Commission
31 M Street, NE
Washington, DC 20507
Phone: 202-663-4900
TTY: 202-663-4494
httD,llwww.eeoc.aov/eMDlovees/charae.cfm
If a service discrimination complaint involves a program receiving federal financial assistance from
the USDOJ, the complainant may file a complaint with:
U.S. Department of Justice, Office of Justice Programs
Office for Civil Rights
810ThStNW
Washington, DC 20531
Phone: 202-207-0690
TTY: 202-307-2027
htto:/Ioio.Qov/abouUocr/comr)laint.htm
Additional details and information regarding the FDLE's complaint procedures can be found on OCJG's
Civil Rights Traininq for Grantees webpage.
Intergovernmental Review: The FY22 JAG program is subject to Executive Order 12372. As a result,
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FDLE may provide information regarding subrecipient applications to the state single point of contact to
satisfy this requirement.
Match
Match is not required for the JAG program. However, if a subrecipient identifies match on an application
that is approved for award, the match portion will be required.
Administrative Costs
Administrative costs/fees are not eligible on JAG subawards.
Prohibited Uses & Expenditures
JAG funds may not be used (whether directly or indirectly) for any purpose prohibited by federal statute or
regulation, including those prohibited by the JAG Program statute (34 U.S.C. § 10152).
• SuDDIantina: JAG funds may not be used to supplant state or local funds. See BJA's JAG FAQs for
examples of supplanting.
• Security Enhancements for Non -governmental Entities: JAG funds may not be used for security
enhancement or equipment for non -governmental entities not engaged in criminal justice or public
safety.
• Additional Restrictions: JAG funds may not be used to pay for any of the following items unless
approved by the BJA Director: (A) vehicles (excluding police cruisers), vessels (excluding police
boats), or aircraft (excluding police helicopters); (B) luxury items; (C) real estate; (D) construction
projects (other than penal or correctional institutions); or (E) any similar matters.
The use of BJA grant funds for unmanned aircraft systems (IJAS), including unmanned
aircraft vehicles (UAV), and all accompanying accessories to support UAS or UAV, is
unallowable.
See BJA's JAG FAQs and JAG Prohibited and Controlled Expenditure Guidance for more
information.
Note: FDLE will not approve the purchase of trinkets such as hats, mugs, portfolios, t-shirts, coins, gift
bags, etc., with grant funds. Additional cost elements FDLE will not approve include, but are not limited to:
gift card slcertificates, bus/transportation passes, entertainment costs, etc.
Grant funds may NOT be used to pay for extended warranties, service agreements, contracts, etc., covering
any periods that extend beyond the project end date. Funds may be prorated for services within the project
period.
Project Adjustments: Retroactive (after -the -fact) approval of project adjustments or items not currently in
the approved subaward will only be considered under extenuating circumstances. Subrecipients who incur
costs prior to approval of requested adjustments do so at the risk of the items being ineligible for
reimbursement under the award,
Other Restrictions Requiring Compliance, Certification, or Prior Approval
Methamphetamine Mitigation Plans
Any program that funds any portion of methamphetamine laboratory operations or clean-up must complete
a Meth Mitigation Plan that includes the nine protective measures or components required by BJA. If an
agency's application requests funding related to meth lab mitigation, review the BJA website related to
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NEPA compliance (including information regarding meth labs) and contact FDLE's Office of Criminal Justice
Grants for further assistance.
Publications and Other Media
All media created, published, and/or altered using federal grant funds must be reviewed and approved by
FDLE and/or BJA prior to release or distribution. This includes any curricula, training materials, brochures,
or other written materials that will be published, including web -based materials and web site content, as
well as all audio or video materials, including Public Service Announcements. Grantees must submit a draft
of each proposed item to OCJG no later than thirty (30) days prior to the targeted dissemination date.
For items containing videos, a transcript may be provided with screenshots or a description of the visual
portion.
All materials publicizing or resulting from award activities shall contain the following statements:
"This project was supported by Award No. 15PBJA-22-GG-00656-MUMU awarded by the Bureau
of Justice Assistance, Office of Justice programs. The opinions, findings, and conclusions or
recommendations expressed in this publication/program/exhibition are those of the authors and
do not necessarily reflect the views of the Department of Justice or grant -making component. "
This requirement does not apply to the purchase or reproduction of existing materials or items created by
other agencies or vendors, for example, crime prevention brochures, unless the subrecipient alters the item
in any way. Neither does this requirement apply to items serving only to advertise an event or the availability
of services. Please contact FDLE's grant's office with questions or to clarify the applicability of pre -approval
requirements.
NEPA
Any improvement, building or construction project will require pre -approval to ensure compliance with the
National Environmental Policy Act (NEPA). This may include relatively minor activities such as installing
fence posts, security or surveillance cameras, or anchoring any item to the ground. If the grant will fund
any activities that may fall under this requirement, review the subaward standard condition related to NEPA
and the section of the BJA web site related to NEPA compliance and contact FDLE's grant's office for
assistance.
Sole Source
If a subrecipient requests to procure goods or services by sole source to a single vendor, a sole source
justification must be submitted to FDLE for approval prior to the obligation of grant funds. For a sole source
procurement over the federal Standard Acquisition Threshold (SAT) of $250,000, written pre -approval must
be obtained from both FDLE and DOJ. Subrecipients should submit the completed Sole Source Justification
form with the application, or as soon as the procurement method is known.
Sole source approval applies to the amount of the total procurement, regardless of the amount of federal
investment in the purchase. Before submitting a request for a sole source procurement, applicants should
carefully review the conditions governing this type of procurement (see 2 C.F.R. � 200.320(f)).
ConferencelMeetinalTrainina Costs
OJP policy and guidance encourages minimization of conference, meeting, and training costs; sets cost
limits, which include a general prohibition of all food and beverage costs; and requires prior written approval
of most conference, meeting, and training expenditures. Subawards requesting to use grant funds for
meetings, trainings, or conferences may be required to complete and submit an OR event submission form
upon request from FDLE and/or OJP.
Duplication of Networks
To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement
information sharing systems which involve interstate connectivity between jurisdictions, such systems shall
employ, to the extent possible, existing networks as the communication backbone to achieve interstate
connectivity, unless the recipient can demonstrate to the satisfaction of BJA that this requirement would not
be cost effective or would impair the functionality of an existing or proposed IT system.
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Entry of Records into State Repositories
As appropriate and to the extent consistent with law, a condition will be imposed that would require the
following: Any program or activity that receives federal financial assistance under JAG that is likely to
generate court dispositions or other records relevant to NICS determinations, including any dispositions or
records that involve any alien who is illegally in the United States (18 U.S.C. § 922(g)(5)(A), must have a
system in place to ensure that all such N ICS-relevant dispositions or records are made available in a timely
fashion.
Bodv Armor
Body armor purchased with JAG funds may be purchased at any threat level, make, or model from any
distributor or manufacturer, as long as the following requirements are met:
The body armor must have been tested and found to comply with the latest applicable National
Institute of Justice ballistic or stab standards.
The body armor purchased must be made in the United States.
The body armor purchased with JAG funds must be "uniquely fitted vests," which means protective
(ballistic or stab -resistant) armor vests that conform to the individual wearer to provide the best
possible fit and coverage through a combination of: (1) correctly sized panels and carrier
determined through appropriate measurement and (2) properly adjusted straps, harnesses,
fasteners, flaps, or other adjustable features. Note that the requirement that body armor be
"uniquely fitted" does not necessarily require body armor that is individually manufactured based
on the measurements of an individual wearer.
A JAG subrecipient proposing to use FY22 funds to purchase body armor must provide FDLE with a Body
Armor Mandatory Wear Policv Certification indicating each law enforcement agency receiving body armor
has a written "mandatory wear" policy in effect. For more information, review the FAQs related to the
mandatory wear policV and certifications.
Bodv Worn Camera (BWC1 Purchases
JAG funds may be used to purchase equipment or to implement and/or enhance BWC programs.
Subrecipients using JAG funds for BWC programs must certify the law enforcement agency receiving funds
has policies and procedures in place relating to equipment use, data storage, privacy, victims, access,
disclosure and training.
Any subrecipient intending to use grant funds for BWC-related expenses must provide FDLE with a BWC
Certification. A subrecipient without policies and procedures in place at the time of application will have
funds withheld until a certification is submitted. Information regarding BWC policies, resources and best
practices can be found at: https://www.bia.gov/bwc.
DNA Testing of Evidentiary Materials and Upload of DNA Profiles to a Database
If JAG funds will be used for DNA testing of evidentiary materials, any resulting eligible profiles must be
uploaded to the Combined DNA Index System (CODIS) by a government DNA lab with access to CODIS.
No profiles generated with JAG funding may be entered into any other non -governmental DNA database
without prior written approval from FDLE's grants office and BJA.
In addition, funds may not be used to purchase DNA equipment and supplies when the resulting DNA
profiles from such technology are not acceptable for entry into CODIS.
Interoperable Communications
Subrecipients utilizing FY22 JAG funds to support emergency communications activities should review the
most recent SAFECOM Guidance. This includes the purchase of interoperable communications equipment
and technology such as voice-over-internet-protocol bridging or gateway devices, or equipment to support
the build out of wireless broadband networks in the 700 MHz public safety band under the Federal
Communications Commission (FCC) waiver order.
Additionally, to promote information sharing and enable interoperability among disparate systems across
the justice and public safety community, Subrecipients are required to comply with DOJs Global Justice
Information Sharina Initiative guidelines and recommendations. All subrecipients shall document planned
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approaches to information sharing and describe their compliance, or provide detailed justification for why
an alternative approach is recommended.
Finally, JAG applicants proposing projects for interoperable communications should consider the use of
First Responder Network Authority (FirstNet) Program. FirstNet's statutory mission is to take all actions
necessary to ensure the establishment of a nationwide public safety broadband network (NPSBN). For
more information, visit www.firstnet.gov.
Emplovment Eliciibitity Verification
Subrecipients must ensure that as part of the hiring process for any position that is or will be funded (in
whole or in part) with award funds, the employment eligibility of the individual being hired is properly verified
in accordance with the provisions of 8 U.S.C. 1324a(a)(1) and (2). The subrecipient may choose to
participate in, and use E-Verify (www.e-verifv.aov.), provided an appropriate person authorized to act on
behalf of the subrecipient entity uses E-Verify to confirm employment eligibility for each position funded
through this award.
Subrecipient Civil Rights Training
In compliance with Office of Justice Programs (OJP) requirements, FDLE requires the subrecipients of its
grants to complete a two-part Civil Rights Training and maintain copies of the training certificates within
their grant file(s) for monitoring. Module 1 of the training provides a basic overview of the Office of Civil
Rights (OCR) and discusses the civil rights compliance requirements for recipients (at any tier) of OJP
Grant Funding, Module 2 discusses "special" civil rights related compliance requirements in addition to
the ones described in Module 1. To complete these trainings, visit the OCJG Civil Rights Training for
Grantees webpage.
Determination of Suitability to Interact with Participatinq Minors
Subrecipients, at any tier, who plan to use federal funds to partially or fully carry out activities under this
award to benefit a set of individuals under 18 years of age must make determinations of suitability
before certain individuals may interact with participating minors. Further information regarding this
requirement is located on the OJP website htti)s://www.oio.(iov/fundina/explore/interact-minors.
1. Any applicant using grant funds to benefit a set of individuals under 18 years of age must
complete and submit the "Sultability to Work and/or Interact with Minors Certification."
2. Subrecipients must maintain and submit the "Suitability to Work and/or Interact with Minors
Tracking Sheet."
Telecommunications and Video Surveillance Services or Equipment
In compliance with 2 C.F.R. 200.214, subrecipients are prohibited from entering into a contract or using
federal funds to procure items from certain parties who are debarred, suspended or otherwise excluded
from or ineligible for participation in federal assistance programs or activities. In addition, a prohibition on
certain telecommunication and video surveillance services or equipment went into effect on August 13,
2020. In accordance with these requirements set out in 2 C.F.R. 200,216, subrecipients are prohibited from
obligating funds to:
A. Procure or obtain;
B. Extend or renew a contract or procure or obtain;
C. Enter into a contract to procure or obtain equipment, services, or systems that use
telecommunications equipment or services as a substantial or essential component of any
system, or as critical technology as part of any system, produced by Huawei Technologies
Company or ZTE Corporation (or a subsidiary or affiliate of such entities).
Applicants who intend to use grant funds to procure telecommunications, video surveillance services,
or equipment must:
1. Complete and submit the "Telecommunications and Video Surveillance Services or Equipment
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Certification."
2. Provide documentation the manufacturer and vendor has not been suspended or debarred
from receiving federal funds in SAM.gov prior to the drawdown of funds.
Task Force Traininq Requirement
The subrecipient agrees that within 120 days of award, each current member of a law enforcement task
force funded with these funds who is a task force commander, agency executive, task force officer, or other
task force member of equivalent rank, will complete required online (internet-based) task force training
which include; Executive Leadership, Task Force Commander Leadership and Management, Safeguarding
Privacy, Civil Rights, and Civil Liberties in Task Force Operations, Methamphetamine Investigative
Management, available through BJA's web site and the Center for Task Force Integrity and Leadership
(www.ctfli.orq), and Criminal Intelligence Systems Operating Policies (28 CFR Part 23) that can be
accessed three ways:
1. Regional Information Sharinq Svstems (RISS) members may access the training through the
secure RISS portal. Instructions may be found here:
httos://28cfr.ncirc.aov/documents/Accessinq 28CFRPart23 traininq RISS.pdf.
2. Members with a secure account through the Federal Bureau of Investigation's (FBI) Law
Enforcement Enterprise Portal (LEEP) may log in to LEEP to access the training. Instructions may
be found here: htti)s://28cfr.ncirG.gov/documents/Accessinq 28CFRPart23 training LEEP.pdf.
3. if your agency was previously provided with a preauthorization code, you may register for the
training using that code by selecting the "LOG IN or SIGN UP" menu button located on the top left
side of the home page. Enter your email address and password, then select "Preauthorization
Registration."
All current and new task force members are required to complete this training once during the life of the
award, or once every four years if multiple awards include this requirement. This training addresses task
force effectiveness as well as other key issues including privacy and civil liberties/rights, task force
performance measurement, personnel selection, and task force oversight and accountability.
When FDLE awards funds to support a task force, the subrecipient must compile and maintain a task force
personnel roster along with course completion certificates. Additional information is available regarding this
required training and access methods via BJA's web site and the Center for Task Force Integrity and
Leadership (www.ctfli.oM).
State and Federal Transparency
Subaward agreements and information supplied to FDLE for grant management and payment purposes
will be used to report to the following mandatory state and federal transparency systems.
Florida Accountabilitv and Contract Tracking Svstem (FACTS)
This grant agreement, all corresponding information and a copy of the grant document, is provided to
FACTS to meet requirements under Chapter 2013-54 and 2013-154 Laws of Florida.
Exemption from FACTS
Please be aware, in the event that your agency's submission contains confidential and/or exempt
information prohibited from public dissemination under Florida's Public Records Law, Chapter 119, Florida
Statutes, the subrecipient agency bears the responsibility for applying proper redactions. Otherwise, any
and all records submitted may be released without redactions.
Federal Fundinq Accountabilitv and Transparency Act (FFATA)
The Federal Funding Accountability and Transparency Act (FFATA) was signed on September 26, 2006,
JAG Funding Assistance — Florida Page 15 of 16
FY22 Program Information (06120231
386 of 562
with the intent to empower every American with the ability to hold the government accountable for each
spending decision. The end result is to reduce wasteful spending in the government. The FFATA legislation
requires information on federal awards (federal financial assistance and expenditures) be made available
to the public via a single, searchable website, which is www.USASpendinq.gov. FDLE is required to report
subaward data to FFATA as well.
Application Instructions and Deadline
Failure to follow application instructions may result in the incursion of a special condition at the
time of award.
In order to apply, an application must be submitted through FDLE's new electronic grant system
(AmpliFund) by 11:59 PM EST on Monday, October 2, 2023. No extensions of this deadline will be
permitted.
Please see Appendix A: Application Timeline for other important dates.
Application Requirements
Applications submitted under this solicitation must adhere to federal, state and program specific
requirements.
For FY22, subrecipients will be required to complete the following documents at the time of application;
failure to do so may result in the withholding of funds until items are received.
Subaward Management Capabilities and Compliance Questionnaire
All applicants are required to complete the Subaward Management Questionnaireand submit to OCJG
with their application. FDLE will use this form to validate a subrecipient's eligibility to apply, receive, and
maintain a federal JAG subaward. Additionally, this validation will allow FDLE to expedite the monitoring
process and ensure all subrecipients comply with program requirements.
Lobbvinq, Debarment and Drug Free Workplace Certification
Subrecipients are not permitted to use federal funds, directly or indirectly, in support of any lobbying activity.
A subrecipient receiving or requesting an award exceeding $100,000 must certify compliance with this
requirement.
Additionally, a person/agency that is debarred, suspended, declared ineligible or is voluntarily excluded is
prohibited from receiving federal funds under this grant program. All subrecipients must certify the
subgrantee organization, and any vendor or lower tiered subrecipient, is eligible to receive these funds.
In compliance with the Drug -Free Workplace Act of 1988, state agencies applying for federal grant funding
under this program must certify compliance with establishing and maintaining a drug -free work environment.
Failure to submit the "Lobbvinq. Debarment and Drug Free Workplace Certification" to FDLE with the
application may result in a withholding of funds condition on the subaward until the requirement is satisfied.
Contractual Services Subrecipient vs. Contractor Determination
Subrecipients utilizing funds in the Contractual Services budget category must adhere to the subcontracting
requirements below. All subrecipients should review the "OJP Subaward vs. Procurement Toolkit" for
information regarding the two types of subcontracting.
1. Any applicant using grant funds in the Contractual Services budget category must complete and
submit a "Subrecipient vs. Contractor Determination Checklist" for each contracted services item
to FDLE with the application.
2. The application must contain detailed information regarding the type of subcontracting
JAG Funding Assistance — Florida
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(subrecipient or contractor) and the method of procurement for the subcontract.
3. An applicant proposing to enter into a subrecipient contracting relationship must request approval
to subaward in the grant application and be able to adhere to and document compliance with
requirements and provisions for pass -through entities in 2 C.F.R. U00.331.
4. Applicants entering into a contractor relationship must adhere to the local unit of government's
written procurement policies and procedures to the extent they are consistent with or more stringent
than the procurement standards outlined in 2 C.F,R. � 200.318-327,
Law Enforcement Aaencv Trainina Information
Any law enforcement agency receiving funds under a JAG subaward must submit performance
accountability metrics data for the 2022 calendar year related to training on: use of force, racial and ethnic
bias, de-escalation of conflict, and constructive engagement with the public. These metrics will be collected
via questionnaire from FDLE's grants office and reported to BJA's Performance Management Tool (PMT).
Death in Custodv Revortinq
to FY19, OCJG began collecting data regarding in -custody deaths, in accordance with the Death in Custody
Reporting Act (DCRA), which requires states and federal law enforcement agencies to report certain
information to the Attorney General regarding the death of any person during interactions with law
enforcement officers or while in custody. For the purposes of this requirement, a reportable death is any
death — including deaths attributed to suicide, accident, or natural causes — that occurred during interactions
with law enforcement personnel or while the decedent was in custody, under supervision or under the
jurisdiction of a state or local law enforcement or correctional agency, such as a jail or prison.
As a requirement of the state's Edward Byrne Memorial Justice Assistance Grant (JAG) award, Each
quarter, subrecipients must submit the Death in Custodv Questionnaire identifying all reportable deaths
occurring in their jurisdictions during the reporting period. Information to be provided will include:
• The decedent's first, middle, and last name, gender, race, ethnicity, and year of birth
• The date, time, and location of the death
• Type of facility in which the death occurred
• Date of facility admission/arrest
• The law enforcement or correctional agency involved
• Manner of death
• Brief description of circumstances of death
We recognize that all of the requested information may not be available at the time of reporting. Please
provide as much information as possible for each reported death.
Standard Conditions
The standard conditions provide detailed compliance requirements for subrecipients upon signed
acceptance of the subaward. It is imperative all persons involved with this subaward read the standard
conditions. Failure to comply with the provisions outlined in the standard conditions may result in project
costs being disallowed.
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FY22 Program information (0612023)
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Appendix A
Application Timeline
June 16, 2022
Florida received notice of final state JAG appropriation from U.S. Department
of Justice.
July 7, 2022
FDLE Office of Criminal Justice Grants (OCJG) submitted the final State of
Florida application for FY22 Byrne JAG funding.
October 10, 2022
Florida accepted the state's FY22 federal JAG award.
OCJG released JAGC subgrant solicitation on the department's website;
July 7, 2023
Notification emails sent to chief officials. Notify counties of Certificate of
Participation requirements.
July 31, 2023
Deadline for BOCCs to respond to OCJG with Certification of Participation
and designation of County Coordinator.
Upon receipt of BOCC COP and County Coordinator designation; OCJG
Ongoing
provides County Coordinator with application information and the AmpliFund
application opportunity link to distribute to all application managers in their
respective counties.
Deadline for County Coordinators to submit required 51% letters and to
October 2, 2023
submit applications in FDLE's electronic grants management system
(AmpliFund).
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Appendix B
Application Checklist
What Each Countv Should Do - Pre -A ifflcation
❑ Submit a signed Certificate of Participation designating a County Coordinator
❑ Assure all 51 % letters for the county have been completed and submitted to OCJG
What Each Applicant Should Do — Pre-Aaalication
❑ Acquire or renew a Unique Entity Identifier (UEI) Number
❑ Acquire or renew registration with SAM.gov
❑ Obtain an EEO Certification via EEO Reporting Tool
❑ Read the FDLE subaward Special Conditions and DOJ Grants Financial Guide
Additional Requirements
❑ Complete a Sole Source Justification form for sole source purchases of $250,000 or more (if
applicable)
❑ Complete the Subaward Management Questionnaire (all applicants)
❑ Complete a Lobbying, Debarment and Drug Free Workplace Certification (for state agencies and
local units of government, if applicable)
❑ Complete a Subrecipient vs. Contractor Determination Checklist for each cost element requested
in the Contracted Services budget category
❑ Complete a Third -Party Contract Compliance Checklist (if applicable)
❑ Complete a Third -Party Subaward Compliance Checklist (if applicable)
❑ Complete a Body Armor Mandatory Wear Policy Certification (if applicable)
❑ Complete a Confidential Funds Certification (if applicable)
❑ Complete Suitability to Work and/or Interact with Minors Certifications (if applicable)
❑ Complete Suitability to Work and/or Interact with Minors Tracking Sheet (if applicable)
❑ Complete Telecommunications and Video Surveillance Services or Equipment Certification (if
applicable)
JAG Funding Assistance — Florida
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Appendix C
FY22 JAGC County Allocation
County
Allocation
County
Allocation
Alachua
$97,910
Lake
$99,503
Baker
$29,486
Lee
$189,118
Bay
$91,407
Leon
$111,111
Bradford
$44,764
Levy
-
$39,565
Brevard
$152,869
Liberty
$44,872
Broward
$400.603
Madison
$55,726
Calhoun
$37,419
Manatee
$121,566
Charlotte
$67,886
Marion
$106,203
Citrus
$58,761
Martin
$70,370
Clay
$58,888
Monroe
$68,926
Collier
$139,516
Nassau
$51,942
Columbia
$120,538
Okaloosa
$76,510
Dade
$600,351
Okeechobee
$90,548
Desoto
$47,090
Orange
$318,719
Dixie
$48,612
Osceola
$103,550
Duval
$254,917
Palm Beach
$322,342
Escambia
$122,338
Pasco
$151,052
Flagler
$48,988
Pinellas
$250,805
Franklin
$39,348
Polk
$184,837
Gadsden
$43,412
Putnam
$82,996
Gilchrist
$29,343
Santa Rosa
$105,290
Glades
$62,472
Sarasota
$117,444
Gulf
$51,415
Seminole
$132,199
Hamilton
$66,598
St. Johns
$71,914
Hardee
$45,758
St. Lucie
$94,572
Hendry
$68,590
Sumter
$53,994
Hernando
$59,342
_Suwannee
_$4_3,912
Highlands
$61,178
Taylor
$46,083
Hillsborough
$319,892
Union
$29,845
Holmes
$34,975
Volusia
$147,710
Indian River
$63,999
Wakulla
$30,372
Jackson
$35,369
Walton
$40,633
Jefferson
$41,052
Washington
$38,658
Lafayette
$39,058
Total
$6,977,031
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MY Or
EBASPAN
HOME OF PELICAN ISLAND
OFFICE OF THE MAYOR
1225 Main Street, Sebastian, FL 32959 • (727) 224-5246
Mr. Cody Menacof
Florida Dept. of Law Enforcement
P.O. Box 1489
Tallahassee, FL 32302-1489
Dear Mr. Menacof,
In compliance with State of Florida Rule 11 D-9, F.A.C., the Indian River County Board of Commissioners (City or
County) approves the distribution of $63,999 of Federal Fiscal Year 2022 Edward Byrne Memorial JAG Program
funds for the following projects in Indian River County.
Subqrantee 1 Implementinq Aqencv Proiect Purpose
IRC Sheriff's Office Law Enforcement Supplies & Equipment
Fellsmere Police Department
Indian River Shores Public Safety
Vero Beach Police Department
Sebastian Police Department
Sincerely,
Fred Jones, Mayor
City of Sebastian
Law Enforcement Supplies & Equipment
Law Enforcement Supplies & Equipment
Law Enforcement Supplies & Equipment
Law Enforcement Supplies & Equipment
Total
Amount
$12,803.00
$12,799.00
$12,799.00
$12,799.00
$12,799.00
$63,999.00
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C'nCIt
SEBASTKN
W
HOME OF PELICAN ISLAND
CITY COUNCIL AGENDA TRANSMITTAL
Council Meetine Date: September 27, 2023
Agenda Item Title: Consider Resolution No. R-23-29 requesting the Board of County
Commissioners of Indian River County to adopt the areas set forth in Exhibit
"A" as areas of Limited Local Anchoring pursuant to Florida Statute
§327.4108.
Recommendation: Approval of Resolution No. R-23-29
BackEround: In accordance with Florida Statute §327.4108, Indian River County may
establish an anchoring limitation area adjacent to urban areas that have residential docking facilities and
significant recreational boating traffic. In working with Indian River County, per the Statute, the BOCC has
requested that City Council adopt a Resolution to set forth areas within the City's jurisdiction for the County
to designate and establish these Anchoring Limitation Areas. These areas must be less than 100 acres in size
and comply with the additional requirements within the Statute.
If Agenda Item Reauires Expenditure of Funds:
Budgeted Amount: NIA
Total Cost: NIA
Funds to Be Utilized for Appropriation: NIA
Attachments:
1. Resolution No. R-23-29
2. Exhibit A City of Sebastian Proposed Anchoring Limitation Areas
3. Florida Statute §327.4108
Administrative Services Dcpa mint Review:
City Attorney Review:
Procurement Division Review, rfapplicable:
City Manager Authorization:
Date: 1 j a 0d,J
393 of 562
RESOLUTION NUMBER R-23-29
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, FLORIDA, REQUESTING THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY ADOPT THE AREAS
SET FORTH IN EXHIBIT "A" AS AREAS OF LIMITED LOCAL
ANCHORING PURSUANT TO STATE LAW; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Florida Statute §327.4108 (2023) provides a framework for limited local
anchoring regulation by a county; and,
WHEREAS, pursuant F.S. §327.4108, the county government has the authority to enact
"length of stay" limitations on transient boaters anchoring in waters within the political
jurisdiction of counties and municipalities; and,
WHEREAS, the City desires to have such limited anchoring areas within the city limits
as provided by state law; and
WHEREAS, the City finds such "length of stay" limitations are in the public interest and
promotes the public health, safety, and welfare of its citizens and visitors; and
WHEREAS, the City hereby requests that the Board of County Commissioners of Indian
River County designate and establish the Anchoring Limitation Areas set forth in the attached
Exhibit "A" in accordance with state law; and
WHEREAS, the areas designated in Exhibit "A" comply with the requirements of
Florida Statute §327.4108 (2023).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY
OF SEBASTIAN, FLORIDA AS FOLLOWS:
Section 1. Adoration of "Whereas" Clauses.
The foregoing "Whereas" clauses are found to be true and correct, and are hereby adopted and
incorporated herein as forming the legislative findings, purpose, and intent of this Resolution
along with any Staff reports.
Section 2. Designatition of and Establishment of Anchoring Limitation Areas.
Attached hereto, marked as Exhibit "A", is a diagram of the areas within the boundaries of the
City to be established as areas of limited anchoring in accordance with Florida Statute §327.4108
(2023.)
394 of 562
Section 3. Adoption of Exhibit "A."
The City requests that the Board of County Commissioners of Indian River County formally
adopt the areas designated in Exhibit "A" as the areas of limited anchoring in the City of
Sebastian in accordance with state law.
Section 4. Effective Date.
This Resolution shall take effect immediately upon its adoption.
The foregoing Resolution was moved for adoption by Council Member
. The motion was seconded by Council Member and, upon
put to a vote, the vote was as follows:
Mayor Fred Jones
Vice Mayor Chris Nunn
Council Member Kelly Dixon
Council Member Ed Dodd
Council Member Bob McPartlan
The Mayor thereupon declared this resolution duly passed and adopted this 27th day of
September, 2023.
ATTEST:
Jeanette Williams
City Clerk
Approved as to form & legality
Jennifer Cockcroft
City Attorney
OA
CITY OF SEBASTIAN, FLORIDA
Fred Jones, Mayor
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Statutes & Constitution :View Statutes : Online Sunshine
The 2023 Florida Statutes
Select Year: 2023 v Go
Title XXIV Chanter 327 View Entire Chapter
VESSELS VESSEL SAFETY
327.4108 Anchoring of vessels in anchoring limitation areas.—
(1) The following densely populated urban areas, which have narrow state waterways, residential docking
facilities, and significant recreational boating traffic, are designated as and shall be considered to be
grandfathered-in anchoring limitation areas, within which a person may not anchor a vessel at any time during the
period between one-half hour after sunset and one-half hour before sunrise, except as provided in subsections (4)
and (5):
(a) The section of Middle River lying between Northeast 21st Court and the Intracoastal Waterway in Broward
County.
(b) Sunset Lake in Miami -Dade County.
(c) The sections of Biscayne Bay in Miami -Dade County lying between:
1. Rivo Alto island and Di Lido Island.
2. San Marino Island and San Marco Island.
3. San Marco Island and Biscayne Island.
(2)(a) Notwithstanding s. 327.60(2)(f), a county, except for Monroe County, may establish, in accordance with
this subsection, an anchoring limitation area adjacent to urban areas that have residential docking facilities and
significant recreational boating traffic. The aggregate total of anchoring limitation areas in a county may not
exceed 10 percent of the county's delineated navigable -in -fact waterways. As used in this subsection, the term
"navigable -in -fact waterways" means waterways that are navigable in their natural or unimproved condition over
which useful commerce or public recreation of a substantial and permanent character is or may be conducted in
the customary mode of trade and travel on water. The term does not include lakes or streams that are theoretically
navigable; have a potential for navigability; or are temporary, precarious, and unprofitable, but the term does
include lakes or streams that have practical usefulness to the public as highways for transportation. Each anchoring
limitation area must meet all of the following requirements:
1. Be less than 100 acres in size. For purposes of this subsection, the calculated size of the anchoring limitation
area does not include any portion of the marked channel of the Florida Intracoastal Waterway contiguous to the
anchoring limitation area;
2. Not include any mooring field or marina; and
3. Be clearly marked with all of the following:
a. Signs that provide reasonable notice to boaters identifying the duration of time beyond which anchoring is
limited and identifying the county ordinance by which the anchoring limitation area was created.
b. Buoys. The county that has created an anchoring limitation area shall install and maintain buoys marking the
boundary of the anchoring limitation area.
The signs and buoys must be permitted and installed in accordance with ss. 327.40 and 327.41 and commission
rule.
(b) Except as provided in subsections (4) and (5), a person may not anchor a vessel for more than 45
consecutive days in any 6-month period in an anchoring limitation area established pursuant to this subsection.
(c) A county proposing establishment of an anchoring limitation area in accordance with this subsection shall
provide notice to the commission at least 30 days before introducing an ordinance to establish the anchoring397 of 562
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limitation area. The commission shall publish notice of the proposed ordinance on its website and distribute such
notice through the commission's Boating and Waterways Section e-mail distribution list for ordinances.
(3)(a) Monroe County is designated as an anchoring limitation area within which no less than once every 190 days
each vessel anchored within Monroe County on waters of this state within 10 linear nautical miles of a public
mooring field or a designated anchoring area must pull anchor and be moved from its location using the vessel's
propulsion system and be reanchored in a new location. The new location must be:
1. No less than one-half linear nautical mile from the vessel's starting location. A vessel may not be reanchored
within one-half linear nautical mile from the vessel's starting location for at least 90 days; or
2. In a different designated anchoring area. A vessel may not be reanchored in its originating designated
anchoring area for at least 90 days after anchoring within a new designated anchoring area.
(b) The commission, in consultation with Monroe County and the Florida Keys national Marine Sanctuary, shall
establish by rule designated anchoring areas throughout the county. The designated anchoring areas must:
Specify a maximum vessel draft for each area;
2. Be created only in locations where the water depth is sufficient to allow vessels whose drafts are less than
the area's specified maximum vessel draft to navigate into and out of the areas without grounding or stranding;
3. Not be located over coral reefs or other sensitive fish or wildlife habitat, to the maximum extent
practicable, as determined by the commission;
4. Not be located in an area subject to ongoing hazardous water currents or tides or containing navigational
hazards; and
5. Not be located within navigational channels, setbacks established by the United States Army Corps of
Engineers associated with federal channels, areas where anchoring is prohibited pursuant to s. 327.4109, or any
other lawfully established areas that prohibit anchoring.
(c) Paragraph (a) does not apply to vessels moored to approved and permitted moorings.
(d) A vessel upon the waters of this state and within Monroe County for which the owner or occupant has
established the vessel as a domicile in accordance with s. 222.17 is exempt from paragraph (a) until at least 100
new moorings are available for public use within 1 mile of the Key West Bight City Dock. Until such time, the
commission shall designate the area within 1 mile of the Key West Bight City Dock as a priority for the investigation
and removal of derelict vessels.
(e) All of the following vessels within Monroe County on waters of this state which are equipped with a marine
sanitation device other than a marine composting toilet that processes and manages human waste using
technologies that comply with United States Coast Guard requirements must maintain a record of the date of each
pumpout of the marine sanitation device and the location of the pumpout station or waste reception facility for 1
year after the date of the pumpout, and the record must indicate that the vessel was pumped out within the last
30 days:
1. A vessel that:
a. Has enclosed living spaces or rooms; and
b. Is used by a person as a dwelling or living space overnight at any time, notwithstanding whether or not the
vessel is also used for navigation.
2. A vessel moored in a public mooring field.
(f) This subsection may not be construed to prohibit anchoring for less than 90 days in areas within Monroe
County.
(4) Notwithstanding subsections (1), (2), and (3), a person may anchor a vessel in an anchoring limitation area
during a time that would otherwise be unlawful:
(a) If the vessel suffers a mechanical failure that poses an unreasonable risk of harm to the vessel or the
persons onboard unless the vessel anchors. The vessel may anchor for 3 business days or until the vessel is repaired,
whichever occurs first.
(b) If imminent or existing weather conditions in the vicinity of the vessel pose an unreasonable risk of harm to
the vessel or the persons onboard unless the vessel anchors. The vessel may anchor until weather conditions no
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longer pose such risk. During a hurricane or tropical storm, weather conditions are deemed to no longer pose an
unreasonable risk of harm when the hurricane or tropical storm warning affecting the area has expired.
(c) During events described in s. 327.48 or other special events, including, but not limited to, public music
performances, local government waterfront activities, or fireworks displays. A vessel may anchor for the lesser of
the duration of the special event or 3 days.
(5) This section does not apply to:
(a) Vessels owned or operated by a governmental entity for law enforcement, firefighting, military, or rescue
purposes.
(b) Construction or dredging vessels on an active job site.
(c) Vessels actively engaged in commercial fishing.
(d) Vessels engaged in recreational fishing if the persons onboard are actively tending hook and line fishing gear
or nets.
(6)(a) As used in this subsection, the term "law enforcement officer or agency" means an officer or agency
authorized to enforce this section pursuant to s. 327.70.
(b)1. For a vessel in an anchoring limitation area established pursuant to subsection (2), upon an inquiry by a
law enforcement officer or agency, a vessel owner or operator must be given an opportunity to provide proof that
the vessel has not exceeded the limitations described in subsection (2). Such proof may include any of the
following:
a. Documentation showing that the vessel was in another location at least 1 mile away within a period of less
than 45 days before the inquiry.
b. Electronic evidence, including, but not limited to, navigational devices or tracking devices that show the
vessel was in another location at least 1 mile away within a period of less than 45 days before the inquiry.
2. If a vessel owner or operator fails or refuses to provide proof that the vessel has not exceeded the
Limitations described in subsection (2), the law enforcement officer or agency may issue a citation for a violation of
this section.
(c) A law enforcement officer or agency may remove a vessel from an anchoring limitation area and impound
the vessel for up to 48 hours, or cause such removal and impoundment, if the vessel operator, after being issued a
citation for a violation of this section:
1. Anchors the vessel in violation of this section within 12 hours after being issued the citation; or
2. Refuses to leave the anchoring limitation area after being directed to do so by a law enforcement officer or
agency.
(d) A vessel that is the subject of more than three violations within 12 months which result in dispositions other
than acquittal or dismissal shall be declared to be a public nuisance and subject to s. 705.103 or, for a derelict
vessel, subject to s. 823.11.
(e) A law enforcement officer or agency acting under this subsection to remove or impound a vessel, or to
cause such removal or impoundment, shall be held harmless for any damage to the vessel resulting from such
removal or impoundment unless the damage results from gross negligence or willful misconduct.
(f) A contractor performing removal or impoundment services at the direction of a law enforcement officer or
agency pursuant to this subsection must.-
1 - Be licensed in accordance with United States Coast Guard regulations, as applicable.
2. Obtain and carry a current policy issued by a licensed insurance carrier in this state to insure against any
accident, loss, injury, property damage, or other casualty caused by or resulting from the contractor's actions.
3. Be properly equipped to perform such services.
(g) In addition to the civil penalty imposed under s. 327.73(1)(z), the operator of a vessel that is removed and
impounded pursuant to paragraph (c) must pay all removal and storage fees before the vessel is released. A vessel
removed pursuant to paragraph (c) may not be impounded for longer than 48 hours.
(7) A violation of this section is punishable as provided in s. 327.73(1)(z).
History.—s. 1, ch. 2016-96; s. 5, ch, 2017-163; s. 13, ch. 2021-184; s. 1, ch. 2021.192; s. 2, ch. 2022-78; s. 69, ch. 2023-8.
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Copyright ® 1995-2023 The Florida Legislature • Privacv Statement • Contact Us
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ana
SE�
HOME OF PELICAN ISLAND
CITY COUNCIL AGENDA TRANSMITTAL
Council Meeting Date: September 27, 2023
Agenda Item Title: Consideration of a motion providing direction to the City Manager on how to
best pursue the redevelopment of the Harbor Lights property.
Recommendation: Staff requests adoption of a motion directing the City Manager on how to
best pursue the redevelopment of the Harbor Lights property.
Backeround: The City of Sebastian requested proposals from qualified real estate
developers/investors/operators for the purchase and redevelopment of city -owned property located at 1215
Indian River Drive, Sebastian, FL 32958 (former Harbor Lights Motel). Request for Proposal (RFP #23-08)
was issued in accordance with the disposal of real property provisions set forth in Section 163.380, Florida
Statutes. On Friday, July 21, 2023 at 2:00 PM EST, all proposals were due to be submitted. No proposals
were received.
Staff believes the potential development of the property may be
compromised by its small size (0.51+1- acres) and the regulatory conditions found in the Riverfront Overlay
District. However, the site does offer many opportunities as outlined within the CRA Master Plan and
available infrastructure within Indian River Drive. Options to be considered include:
1. Keep the parcel and provide ground lease to interested developer.
2. Keep the parcel and develop public space that compliments the CRA and adjacent public space.
3. SeIl property "as is" to highest bidder with no conditions of development.
The CRA Board agenda for this evening includes consideration of a motion
making a recommendation to the City Council.
If Azenda Item Requires Expenditure of Funds:
Budgeted Amount: NA
Total Cost: $0.00
Funds to Be Utilized for Appropriation: NA
Attachments:
1. Florida Statutes Section 163.380.
2. Sebastian CRA Redevelopment Master Plan 2022-2023; Applicable content of Section Four,
pages 52 — 59.
3. RFP 23-08, Sale of Old Harbor Lights Motel Property
Administrative Services Department Review:'
City Attorney Review:
Procurement Division 4 )iew, if applicable: NI
I
City Manager Authorization: _
Date: 4I 11 a 3
401 of 562
Select Year: 2023 v F Go
The 2023 Florida Statutes
Title XI Chapter View Entire
COUNTY ORGANIZATION AND INTERGOVERNMENTAL 91W=
INTERGOVERNMENTAL RELATIONS PROGRAMS
163.380 Disposal of property in community redevelopment area. —The disposal of property in a community
redevelopment area which is acquired by eminent domain is subject to the limitations set forth in s. 73,013.
(1) Any county, municipality, or community redevelopment agency may sell, lease, dispose of, or otherwise
transfer real property or any interest therein acquired by it for community redevelopment in a community
redevelopment area to any private person, or may retain such property for public use, and may enter into
contracts with respect thereto for residential, recreational, commercial, industrial, educational, or other uses, in
accordance with the community redevelopment plan, subject to such covenants, conditions, and restrictions,
including covenants running with the land, as it deems necessary or desirable to assist in preventing the
development or spread of future slums or blighted areas or to otherwise carry out the purposes of this part.
However, such sale, lease, other transfer, or retention, and any agreement relating thereto, may be made only
after the approval of the community redevelopment plan by the governing body. The purchasers or lessees and
their successors and assigns shall be obligated to devote such real property only to the uses specified in the
community redevelopment plan and may be obligated to comply with such other requirements as the county,
municipality, or community redevelopment agency may determine to be in the public interest, including the
obligation to begin any improvements on such real property required by the community redevelopment plan within
a reasonable time.
(2) Such real property or interest shall be sold, leased, otherwise transferred, or retained at a value
determined to be in the public interest for uses in accordance with the community redevelopment plan and in
accordance with such reasonable disposal procedures as any county, municipality, or community redevelopment
agency may prescribe. In determining the value of real property as being in the public interest for uses in
accordance with the community redevelopment plan, the county, municipality, or community redevelopment
agency shall take into account and give consideration to the long-term benefits to be achieved by the county,
municipality, or community redevelopment agency resulting from incurring short-term losses or costs in the disposal
of such real property; the uses provided in such plan; the restrictions upon, and the covenants, conditions, and
obligations assumed by, the purchaser or lessee or by the county, municipality, or community redevelopment
agency retaining the property; and the objectives of such plan for the prevention of the recurrence of slum or
blighted areas. In the event the value of such real property being disposed of is for less than the fair value, such
disposition shall require the approval of the governing body, which approval may only be given following a duly
noticed public hearing. The county, municipality, or community redevelopment agency may provide in any
instrument of conveyance to a private purchaser or lessee that such purchaser or lessee is without power to sell,
lease, or otherwise transfer the real property without the prior written consent of the county, municipality, or
community redevelopment agency until the purchaser or lessee has completed the construction of any or all
improvements which he or she has obligated himself or herself to construct thereon. Real property acquired by the
county, municipality, or community redevelopment agency which, in accordance with the provisions of the
community redevelopment plan, is to be transferred shall be transferred as rapidly as feasible in the public
interest, consistent with the carrying out of the provisions of the community redevelopment plan. Any contract for
such transfer and the community redevelopment plan, or such part or parts of such contract or plan as the county,
402 of 562
municipality, or community redevelopment agency may determine, may be recorded in the land records of the
clerk of the circuit court in such manner as to afford actual or constructive notice thereof.
(3)(a) Prior to disposition of any real property or interest therein in a community redevelopment area, any
county, municipality, or community redevelopment agency shall give public notice of such disposition by publication
in a newspaper having a general circulation in the community, at least 30 days prior to the execution of any
contract to sell, lease, or otherwise transfer real property and, prior to the delivery of any instrument of
conveyance with respect thereto under the provisions of this section, invite proposals from, and make all pertinent
information available to, private redevelopers or any persons interested in undertaking to redevelop or rehabilitate
a community redevelopment area or any part thereof. Such notice shall identify the area or portion thereof and
shall state that proposals must be made by those interested within 30 days after the date of publication of the
notice and that such further information as is available may be obtained at such office as is designated in the
notice. The county, municipality, or community redevelopment agency shall consider all such redevelopment or
rehabilitation proposals and the financial and legal ability of the persons making such proposals to carry them out;
and the county, municipality, or community redevelopment agency may negotiate with any persons for proposals
for the purchase, lease, or other transfer of any real property acquired by it in the community redevelopment
area. The county, municipality, or community redevelopment agency may accept such proposal as it deems to be in
the public interest and in furtherance of the purposes of this part. Except in the case of a governing body acting as
the agency, as provided in s. 163,357, a notification of intention to accept such proposal must be filed with the
governing body not less than 30 days prior to any such acceptance. Thereafter, the county, municipality, or
community redevelopment agency may execute such contract in accordance with the provisions of subsection (1)
and deliver deeds, leases, and other instruments and take all steps necessary to effectuate such contract.
(b) Any county, municipality, or community redevelopment agency that, pursuant to the provisions of this
section, has disposed of a real property project with a land area in excess of 20 acres may acquire an expanded
area that is immediately adjacent to the original project and less than 35 percent of the land area of the original
project, by purchase as provided in this chapter, and negotiate a disposition of such expanded area directly with
the person who acquired the original project without complying with the disposition procedures established in
paragraph (a), provided the county, municipality, or community redevelopment agency adopts a resolution making
the following findings:
1. It is in the public interest to expand such real property project to an immediately adjacent area.
2. The expanded area is less than 35 percent of the land area of the original project.
3. The expanded area is entirely within the boundary of the community redevelopment area.
(4) Any county, municipality, or community redevelopment agency may temporarily operate and maintain real
property acquired by it in a community redevelopment area for or in connection with a community redevelopment
plan pending the disposition of the property as authorized in this part, without regard to the provisions of
subsection (1), for such uses and purposes as may be deemed desirable, even though not in conformity with the
community redevelopment plan.
(5) If any conflict exists between the provisions of this section and s. 159.61, the provisions of this section
govern and supersede those of s. 159,61.
(6) Notwithstanding any provision of this section, if a community redevelopment area is established by the
governing body for the redevelopment of property located on a closed military base within the governing body's
boundaries, the procedures for disposition of real property within that community redevelopment area shall be
prescribed by the governing body, and compliance with the other provisions of this section shall not be required
prior to the disposal of real property.
History.—s. 11, ch. 69-305; s. 9, ch. 77-391; s. 13, ch. 84-356; s. 1, ch. 92-162; s. 906, ch. 95-147; s. 1, ch. 96-254; s. 9, ch. 98-314; S.
12, ch. 2006.11.
Copyright 0 1995-2023 The Florida Legislature • Privacv Statement • Contact Us
403 of 562
SEBASTIAN CRA MAJOR THEMES
Throughout the formation of this 2023 Sebastian
CRA Master Plan, as well as during the public input
and workshop sessions, five overarching themes
were identified. These themes are to be used as a
planning framework for the Agency to help enhance
the character of the downtown and to embrace
opportunities that exist within the CRA. These major
themes include:
'k INFRASTRUCTURE & DRAINAGE
fill A Riverfront Drainage Study performed
in 2014 identified a list of stormwater
improvement areas within the Sebastian
CRA; these included drainage improvements to
Indian River, "Presidential Street', Coolidge Street,
Central Avenue/Davis Street, and the CavCorp
parking lot. These stormwater facility improvements
were completed in 2017 through the installation of
baffle boxes at major outfail locations, In addition,
the Agency continues plans to address other
infrastructure needs relative to septic -to -sewer
conversion within the redevelopment area.
The stormwater facilities and waterlsewer utility
infrastructure may require upgrades within the CRA,
especially when anticipating new demand driven by
residential, commercial, and mixed -use development.
WATERFRONT, PARKS, & PUBLIC SPACES
Y The CRA closely Identifies with its
waterfront, occupying over 47% of its total
acreage. The Agency has prioritized
access and preservation of its waterfront, as it is
vital to the area's economic success. The CRA's
community continues to support these preservation
efforts, subsequently preserving and enhancing
the City's history as a fishing village, contribute
to the desired design theme, and make use of
the waterfront resource to maximize economic
development.
Open space enhancement projects along the water
and restoring waterfront properties for new uses
were contemplated within the 2010 Sebastian CRA
Master Plan and have been continued within this 2023
Sebastian CRA Master Plan.
In 2018, the consensus of community members and
key stakeholders was to focus on river views and
access, a waterfront pedestrian experience, and open
public spaces. Specifically, the "Working Waterfront"
initiative has been a high priority of the City and the
Agency to promote economic revitalization along the
Indian River coast. Subsequently, these efforts have
continued to bring activity and regeneration to the
Sebastian shoreline.
In addition, enhancing the existing Riverview Park is a
prime example of the potential for park revitalization
and economic activity in the surrounding vicinity. A
Riverview Park Master Plan was completed in 2019
to diversify its current uses and implement best
management practices moving forward. The Agency
seeks to generate more engagement with its open
space by creating connectivity between greenspaces
through implementation of a pedestrian pathway
system, greenway connectors, and bicycle paths
that may provide for future recreation enhancement
opportunities. The Agency also seeks to enhance its
recreational piers, waterfront boat ramp access, and
smaller opportunistic waterfront parks, especially
within the Park District.
ItROADS, PARKING, & PEDESTRIAN
. CONNECTIVITY IMPROVEMENTS
The CRA community's desire for road and
pedestrian connectivity improvements
along U.S. Highway 1 and Indian River Drive
were significant observations during the public
input sessions. The CRA is prioritizing pedestrian
connectivity and accessibility in order to link west
Sebastian to the waterfront by creating a more
pedestrian- and bicycle -friendly streetscape
environment and providing visual linkages
between the riverfront and U.S. Highway 1. These
improvements may include, but not be limited to,
boulevard landscaping including street trees and
sidewalks, widened sidewalks and curbed dedicated
bicycling space along Indian River Drive, flashing
pedestrian crosswalks across U.S. Highway 1 towards
the riverfront, and safer crosswalk areas along the
railroad tracks near the Sebastian Boulevard Triangle
Area.
In addition, the Land Development Code was
updated under Ordinance No. 0-10-05 in an effort
to encourage public parking use in high -demand/
low -supply areas. the "payment in lieu of parking"
program permits the use of City parking areas
adjacent to commercial property to satisfy zoning
requirements. The Agency envisions increasing public
parking in the CRA, and establishing on -street parking
and streetscapes adjacent to recreation areas.
PUBLIC SAFETY
Another observation from the community
during the public input session was the
desire to enhance public safety throughout
the CRA, ensuring that everyone can live and work in
a safe environment. In doing so, the Agency could
develop a comprehensive public safety initiative that
addresses public safety needs of the community.
I 52 1 2023 Sebastian CRA Sustainable Redevelopment Master Plan
404 of 562
Currently, the City Police Department consists of a
road patrol, canine, and marine unit divisions with
the main commitment to maintaining a safe and
peaceful environment for all residents and visitors
within the City. Additional ways the Agency may
increase public safety could include increased
lighting and safety measures in community spaces,
developing public health and prevention strategies,
and prioritizing youth development.
PRESERVING THE COMMUNITY CHARACTER
+ Promoting the community character as
"Old Florida Fishing Village" and the CRA as
a destination has been a major priority
Within the CRA since adoption. In doing so, the Agency
has prioritized creating a unique brand through
signage, wayfinding, and advertising.
In addition, the CRA has prioritized enhancing
existing recreation land in the CRA through use of
appropriate urban design for parks and open spaces,
increasing pedestrian donnectivity and walkways,
and preserving the character of the existing
neighborhoods through proper landscaping, lighting,
and signage. All of these practices have helped
define the Sebastian CRA's community character and
a coherent sense of place when visiting the CRA.
These five major themes have helped identify the
guiding principles, as well as the recommended
improvement and redevelopment programs within
the CRA as detailed along the following pages.
r , Photo Courtesy of CoSrar
GUIDING PRINCIPLES
The principles identified below are derived
from public engagement, other plans, and
background data utilized. The analysis and
feedback suggest a variety of objectives that
are the essential elements of this 2023 Sebastian
CRA Master Plan structural framework.
ENCOURAGE
• Residential and mixed -use development
within the Sebastian Blvd. Triangle
overlay District.
• Retail uses adjacent to Riverview Park.
Compatible infill development.
• Enhancement of the character of the
CRA with architecture that addresses the
community's "Old Florida Fishing Village"
scale and feel.
li. CREATE
• Gateway features at west end of
Sebastian Blvd. Triangle Overlay District
and on U.S'. Highway 1
• Visual linkages between the riverfront
and U.S. Highway 1.
• Improved bicycle and pedestrian
linkages to the riverfront and between
recreation lands.
• Additional on-street/of f -street parking.
• Pocket parks and wildlife observation
areas.
• Opportunities to facilitate development
of catalyst sites and other priorities
through property acquisition.
III. PRESERVE
• Protect and enhance uses and buildings
along and adjacent to one of the area's
most important assets: the Indian River
Lagoon.
• Important historic resources in the
redevelopment area, particularly
those that help to Illustrate the area's
fishing heritage, as well as those that
meaningfully contribute to the "Old
Florida Fishing Village" character.
• Waterfront access and continued
riverfront activities.
IV PROMOTE
• Promote the redevelopment area as a
destination for shopping, dining, events,
and recreation.
• Incentive, Grant, and Assistance
Programs available to property owners
and businesses within the CRA.
Section A Redeveloptnent Plan I ` , 1
405 of 562
RECOMMENDED IMPROVEMENT &
REDEVELOPMENT ACTIVITIES AND PROGRAMS
WITHIN THE SEBASTIAN CRA
REDEVELOPMENT AND IMPROVEMENT ACTIVITY BY CONCEPTUAL PLANNING DISTRICT
Sebastian
US-1
Sebastian
Park
Blvd.
Commercial
Riverfront
Blvd.
Mixed -Use
South
Encourage
Residential + Mixed Use Development
X
X
X
X
Retail Uses adjacent to Riverview Park
X
Compatible Infill Development
X
X
X
X
X
"Old Florida Fishing Village" Character
X
X
X
X
Development of Catalyst Sites
X
X
X
X
Create
Renovations/Upgrades to Riverview Park
X
Gateway Features
X
X
X
On-Street/Off-Street Parking
X
X
X
Pocket Parks + Wildlife Observation Areas
X
X
X
Property Acquisition
X
X
X
X
X
Improvements to Recreational "Twin" Piers
X
X
Increased Pedestrian Connectivity
X
X
X
X
Streetscape Improvements + vegetative
X
X
X
X
Landscaping
Preserve
Protect + Enhance Indian River Lagoon Frontage
X
X
Historic Resource Protection
X
X
X
X
X
Waterfront Access + Riverfront Activities
X
X
Preservation
Promote
Marketing of Redevelopment Area as Destination
X
X
X
X
X
Promote Incentive/Grant/Assistance Programs
X
X
X
X
X
Sourco Sobastion Cofrvmrary Redevelopment Agency,' OAI Consultants, Inc
REDEVELOPMENT PROGRAMS
FACADE, SIGN, AND LANDSCAPING MATCHING GRANT
PROGRAM - This program provides funds to assist
property owners and/or business owners to improve
and install new signage and/or landscaping.
SEPTIC TO SEWER CONNECTION GRANT (S2S) - This
program is designed to provide individual grants
to qualified property owners for costs incurred to
remove an operational septic tank system that serves
and occupied facility or building and connects to
the County sanitary sewer system. SSP is available
to businesses or residences located with the
Redevelopment Area currently utilizing septic systems.
PARKING -IN -LIEU PROGRAM - This program provides
for establishing parking within the right-of-way at a
rate of $3,200 per space.
STORMWATER FEE CREDIT PROGRAM - All properties
within City, whether or not they discharge stormwater
directly into the Sebastian Stormwater Utility ("Utility")
system, will pay a proportionate share of the Utility
expenses incurred in providing generalized benefits
to the system. Property located within the City
from which stormwater runoff is discharged, either
directly or indirectly, may be eligible for a reduction
in the stormwater fee from the Utility. Single -Family
Residential lots are not eligible for this credit. The City
shall reasonably determine "fee credit" based upon
the savings to the Utility resulting from the property's
stormwater facilities or unique features. Stormwater
fee credits include: incorporation of LID/BMP
alternative practices such as vegetated swales and
buffers, permeable pavers, bioretention and bioswales.
1 54 1 2023 Sebastian CRA Sustainable Redevelopment Moster Plan
406 of 562
CONCEPTUAL PLANNING DISTRICTS' PRIORITIES
As a part of the 2023 Sebastian CRA Master Plan, major priorities have been identified for each of the CRA's
conceptual planning districts. These priorities are provided for the short --term (1-5 years) and the long-term (6-10
years), as illustrated below, These projects and associated time frames are consistent with the updated goals and
objectives within this 2023 Sebastian CRA Master Plan.
C�D Park
tEl
SHORT-TERM PRIORITIES
Implementation of Riverview
Park Master Plan Upgrades and
Renovations.
Restoration, as appropriate, of
important waterfront properties to
enhance their economic viability
and maintain and improve the
character of the CRA.
Streetscape improvements to
Indian River Drive.
Creation of riverfront event space.
Property acquisition to facilitate
Catalyst Site development and infill
development projects.
Create "local activity center"
surrounding the Riverview Park, to
include complementary retail uses,
connectivity to the riverfront, and
streetscape improvements_
Restoration, as appropriate, of
important waterfront properties to
enhance their economic viability
and maintain and improve the
character of the CRA.
New sidewalk construction as
necessary to provide a continuous
sidewalk network.
Sebastian IRiverfront
Blvd. Mixed -Use
District District
SHORT-TERM PRIORITIES
Improvement of the Sebastian
Boulevard Triangle Area to provide
for mixed -use development,
connectivity to adjacent residential
communities, and streetscape
improvements.
Property acquisition to facilitate
Catalyst Site development and Infill
development projects.
LONG-TERM PRIORITIES
New sidewalk construction as
necessary to provide a continuous
sidewalk network.
Modification of lake to create park/
open space feature.
U.S.-1
Commercial
District
Installation of gateway treatments
at entrances to the CRA along U.S.
Highway 1.
Property acquisition to facilitate
Catalyst Site development and infill
commercial development.
New sidewalk construction as
necessary to provide a continuous
sidewalk network.
Enhancement of the U.S. Highway I
streetscape to provide for greater
pedestrian and bicycle usability, as
well as the installation of mature
landscaping and trees.
Property acquisition to facilitate
infill commercial development.
SHORT-TERM PRIORITIES
Restoration, as appropriate, of
important waterfront properties to
enhance their economic viability
and maintain and improve the
character of the CRA.
Streetscape improvements to
Indian River Drive.
Property acquisition to facilitate
Catalyst Site development and infill
development projects.
LONG-TERM PRIORITIES
Restoration, as appropriate, of
important waterfront properties to
enhance their economic viability
and maintain and improve the
character of the CRA,
New sidewalk construction as
necessary to provide a continuous
sidewalk network.
Sebastian
Blvd. South
District
Installation of gateway treatments
at entrances to the CRA along
Sebastian Boulevard.
New sidewalk construction as
necessary to provide a continuous
sidewalk network.
Property acquisition to facilitate
infill development projects.
Section 4 Redevelopment Plan I 55 1
407 of 562
RFP #23-08
HOME OF PELICAN
PURCHASE AND REDEVELOP 1215 INDIAN RIVER DRIVE
REQUEST FOR PROPOSALS
The City of Sebastian is requesting proposals from qualified real estate developers/investors/operators for the purchase
and redevelopment of city -owned property located at 1215 Indian River Drive, Sebastian, FL 32958 (former Harbor
Lights Motel). This Request for Proposal ("RFP") is issued in accordance with the disposal of real property provisions set
forth in Section 163.380, Florida Statutes. The Sebastian Community Redevelopment Agency "CRA" invites Proposers to
submit their qualifications, approach, conceptual design, financial and other terms for the Proposer to purchase, design,
permit, construct, finance, operate and maintain a mixed -use development on a 0.51+/- acre site located at 1215 Indian
River Drive, Sebastian, FL. The Citv will NOT nav real estate commissions on this sale.
All proposals are due no later than Friday. July 21. 2023 by 2:00 PM. LOCAL TIME., at which time all proposals are
due. Late proposals will not be accepted. Proposers have the option to submit vhvsically. in -person, or by mail.
Submissions shall only be accented at Citv Hall. Proposer must submit proposal in a sealed
envelope/box/container: One (1) original proposal "MARKED ORIGINAL & SIGNED IN BLUE INK," including the
required deposit; EIGHT (8) copies "MARKED COPY & SIGNED IN BLACK INK" of the proposal are required; One
(1) USB with an electronic version is required. Only the NAME of the firms who submitted a response to this Request
for Proposal ivill be read aloud RFP's will not be made available for review at the time of the opening
EVENT
RELEASE DATE:
QUESTIONS DUE DATE/TIME:
DUE DATE/TI114E:
18r EVALUATION MEETING:
2ND EVALUATION MEETING, if applicable:
RECOMMENDATION OF AWARD —
CITY COUNCIL MEETING:
City of Sebastian City Hall
1225 Main Street
Sebastian, Florida 32958
DATE TIME
WEDNESDAY, MAY 22, _
2023
FRIDAY, JUNE 30, 2023 END OF
BUSINESS
FRIDAY, JULY 21, 2023 2:00 PM EST
TBD I0:00 AM EST
TBD 6:00 PM EST
RFP documents and any addenda may be obtained from the City's website (www.citvofsebastian.org), DemandStar
(www.demandstar.com) or VendorLink (www.vendorlink.com). It will be the sole responsibility of the Proposer to
determine if anv addenda have been issued prior to submittine a vrovosal.
Any and all questions and communication concerning this RFP should be emailed ONLY to the contact person listed
below, no later than Friday, June 30, 2023 by end of day. Contact by a Proposer (or anyone representing a Proposer)
regarding this RFP with the City Council or a City employee/representative other than the point of contact listed above, is
grounds for disqualification.
Page 2 of 31 413 of 562
cm Lf
5E ,
RFP #23-08
HOME OFnUCANISIAND PURCHASE AND REDEVELOP 1215 INDIAN RIVER DRIVE
STATEMENT OF NO RESPONSE
If your firm does not intend on submitting a proposal, please complete and return this form prior to the Solicitation
Opening date shown herein. Return by email (dwixon(acitvofsebastian.oriz) or by mail to:
CITY OF SEBASTIAN, CITY HALL
ATTN: PROCUREMENT
1225 MAIN STREET
SEBASTIAN, FLORIDA 32958
Company Name:
Company Address:
Phone Number:
We are not responding to RFP #23-08. FOR THE PURCHASE OF CITY -OWNED PROPERTY
AND PROVISION OF A MIXED -USE DEVELOPMENT AT 1215 INDIAN RIVER DRIVE SEBASTIAN FLORIDA
for the following reasons) (mark all that applies):
Do not offer the good(s) or service(s) required
Our schedule would not permit us to perform responsibly
Unable to meet specifications/scope of services
Unable to meet minimum requirements
Insufficient time allowed for preparation of response
Project/Budget too small
Specifications unclear — too vague, rigid, etc. (please explain below)
Other (please specify below)
REMARKS
Signature
Print Name / Title
Date
Page 3 of 31 414 of 562
an a
HOME OF PELICAN ISLAND
RFP #23-08
PURCHASE AND REDEVELOP 1215 INDIAN RIVER DRIVE
TABLE OF CONTENTS
REQUEST FOR PROPOSALS.................................................................................................................2
............. ............
STATEMENT OF NO RESPONSE.................................................................... ....... .....3
TABLE OF CONTENTS............................................................................................................................4
DEFINTIONS..............................................................................................................................................4
SECTION 1— SOLICITATION INFORMATION..................................................................................5
SECTION 2 — PURCHASE AGREEMENT DETAILS..........................................................................9
SECTION 3 — PROPOSAL FORMAT & REQUIREMENTS.............................................................11
SECTION 4 — EVALUATION PROCESS..............................................................................................12
SECTION 5 — GENERAL CONDITIONS..............................................................................................13
SECTION 6 — REQUIRED FORMS.......................................................................................................20
PROPOSALCHECKLIST ....................... ..............................................................................................20
MAILINGLABEL..................................................................................... ..21
CONTACT INFORMATION SHEET - FORM A................................................................................22
ADDENDA ACKNOWLEDGEMENT - FORM B..............................................................................23
PROPOSED PURCHASE PRICE - FORM C.......................................................................................24
PROPOSER'S DISCLOSURE - FORM D............................................................................................25
E-VERIFY ACKNOWLEDGMENT - FORM E..................................................................................27
NOTIFICATIONS AFFIDAVIT - FORM F.......................................•.................................................28
MINORITY, WOMEN and DISABLED -OWNED REPRESENTATION - FORM G ........................29
SOLICIATION INFORMATION FORM ................................................... ............. .................31
Exhibits:
"A" - Property Information and Survey (2018)
"B" —Environmental Compliance Report (January 2023)
"C" - Sample Purchase Agreement
DEFINITIONS
Request for Proposals ("RFP"): This Solicitation document, including any and all addenda.
Proposal: Submission in response to this RFP.
Proposer: Person or firm submitting a Proposal in response to this RFP, "pre -award".
Engineer or Desien Build Firm (DBF): Selected Proposer that is meets the scope of sen ices and is
awarded a contract to provide the goods or services to the City, "post -award".
City: Refers to the City of Sebastian.
Contract or Agreement: Request for Proposals, all addenda issued thereto, all affidavits, the signed
agreement, and all related documents that comprise the totality of the contract or agreement between the
City and the Engineer or DBF.
Responsible Proposer: Proposer that has the integrity, reliability and capability in all respects to perform
in full the contract requirement as stated in the RFP.
Responsive Proposer: Proposer who's Proposal fully conforms in all material respects to the RFP and its
entire requirement, including form and substance.
Days: Refers to calendar days, unless otherwise stated.
Shall. Must & Will: Interpreted as mandatory language.
Page 4 of 31 415 of 562
CMOF
RFP #23-08
HOME OF PELICAN ISLAND PURCHASE AND REDEVELOP 1215 INDIAN RIVER DRIVE
SECTION 1-- SOLICITATION INFORMATION
1.1 SCOPE OF SERVICES
The City of Sebastian is requesting proposals from qualified real estate developers/investors/operators for the
purchase and redevelopment of city -owned property located at 1215 Indian River Drive, Sebastian, FL 32958
(former Harbor Lights Motel). Title will be transferred by a special warranty deed. Consideration will be given to
development that best promotes a vibrant, active and dynamic keystone site that will further the Community
Redevelopment Agency's (CRA) goals and objectives. The City desire's a project that has the ability to provide
adaptable mixed use development on the site.
This property is located in the Commercial Waterfront Residential (CWR) zoning district and also lies within the
Riverfront Overlay District. The redevelopment shall promote and implement the goals and objectives of the CRA
Master Plan to remove blight, increase the tax base, and enhance the quality of life; promote the waterfront and its
history, and improve the aesthetics and enjoyment of the CWR district and surrounding area. The City will NOT
pay any real estate commissions or provide waivers of site related fees on this sale.
1.2 PROPERTY INFORMATION
The property consists of vacant land on approximately 0.51 acres. All structures and infrastructure has been
removed from the property as of 2022. The property was originally used as a small motel and has been vacant
since 2018. There are currently no water or sewer connections, therefore new water and sewer connections would
be required as a part of any new development. Water and sewer are available on Indian River Drive.
Indian River County Parcel ID: 31390600000005000010.0
SEC 6 TWP 31 RNG 39 GOVT LOT 5 MORE FULLY DESC AS FROM THE NW COR OF GOVT LOT 5 TH
RUN SLY AL THE W BNDRY OF GOVT LOT 5 FOR A DIS OF 382.06 FT TO THE S ROW LINE OF MAIN
ST TH RUN N83-25-31 E AL SAID S ROW LINE FOR A DIS OF 179 FT TO AN IRON PIPE AT THE SE
COR OF US HWY 1 AND MAIN ST TH RUN S17-29-29E AL SAID E ROW FOR A DIS OF 203.40 FT TH
RUN N76-24-31E FOR A DIS OF 114.97 FT TO THE POB TH RUN S21-22-36E FOR A DIS OF 186.51 FT
TH RUN N73-08-31E FOR A DIS OF 127.35 FT TO THE W ROW OF OLD US HWY 1 TH RUN N25-29-29W
AL THE W ROW OF US HWY 1 FOR A DIS OF 181.25 FT TO A POINT TH RUN S76-24-31 W FOR A DIS
OF 114.97 FT TO THE POB
The property is in a prime location within the Riverfront Overlay District with a direct view of the Indian River
and close proximity to shopping, recreation, entertainment, and restaurants. There are no riparian rights or direct
waterfront access associated with the purchase of this property.
Site Conditions
Special District: Sebastian Community Redevelopment Agency
Future Land Use: Riverfront Mixed Use
Current Zoninin Commercial Waterfront Residential District (CWR)
Performance Overlay District: Riverfront Overlay District
Permitted Uses: Multiple -Family Dwellings up to 8 units per acre
Commercial retail less than or equal to 5,000 sq ft
Height: 35 feet
Parcel Size: 0.51 acres
Access to all typical utilities including but not limited to water, electric, telephone, sewer, and internet.
Exhibits include:
"A" - Property Information and Survey (2018)
"B" - Environmental Compliance Report (January 2023)
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1.3 DEPOSIT
Proposals must be accompanied by a security deposit of $15,000.00, in the form of a certified or cashier's
check, payable to the City of Sebastian. This deposit will be returned to unsuccessful Proposers. The successful
Proposer shall be required to deposit with the City another $30,000.00, for a total deposit of $45,000.00 (or
more if increased through negotiations) within. five (5) business days following City Council approval of the
Purchase Agreement. All deuosits by the successful Pronoser are non-refundable.
1.4 CITY BACKGROUND
The City of Sebastian was first incorporated as the Town of Sebastian in 1924, and is located at the northern end
of Indian River County, Florida, approximately midway between Melbourne and Vero Beach on the Treasure
Coast. It is recognized as the home of Pelican Island, the first designated wildlife refuge in the United States, and
a Tree City USA.
Sebastian's current population is 25,438; residents include many retirees and families. The total area of Sebastian
is approximately 18.19 square miles with about 1.5 miles of waterfront on the Indian River Lagoon. . The most
current employment estimates indicate that Health Care and Social Assistance, Retail Trade, and
Accommodations and Food Services are the dominant industries within the City and Sebastian CRA.
Sebastian has over 20 beautiful parks, public and private elementary schools, middle schools, and a high school
just outside of its limits. With an unobstructed view of the intra-coastal waterway in the Indian River Lagoon
along its dazzling riverfront district, close proximity to Atlantic beaches, a year round average temperature of 73.4
degrees, Sebastian is a welcoming city. Entertainment in Sebastian includes shops and restaurants, many
churches, several City festivals each year, monthly arts and crafts shows, concerts in the park, a municipal golf
course and airport, and a central location with easy access to I-95 and the Florida Turnpike. Sebastian and the rest
of northern Indian River County comprise one of the fastest -growing areas of Florida in the first decade of the
21 st century.
Puruose
The City of Sebastian is requesting proposals from qualified and experienced real estate developers and builders
interested in undertaking the re -development of the former Harbor Lights Motel site located at 1215 Indian River
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RFP #23-08
PURCHASE AND REDEVELOP 1215 INDIAN RIVER DRIVE
Drive. The site is located in the Sebastian CR.4 and maintains a CWR, Commercial Waterfront Residential zoning
and also lies within the Riverfront Performance Overlay district. The purpose of this solicitation is to offer the
property for sale and re -development while at the same time promoting the goals and objectives for the
implementation of the CRA plan to remove conditions of blight, increase the tax base, and enhance the quality of
life, promote the waterfront and its history, and improve the aesthetics and enjoyment of the commercial
waterfront residential district and surrounding area. The City would desire a project that has the ability to provide
adaptable mixed use develooment on the site. Visit the City of Sebastian webpage for information regarding the
goals and objectives of the CRA Master Plan and applicable zoning criteria (www.eityofsebastian.org).
Proiect Description and Available Information
The current property is vacant and sits on approximately 0.51 acres. The property was originally used as a small
motel and has been vacant since 2018. Water and sewer infrastructure would be required as a part of any new
development at the site. The property is in a prime location within the Sebastian CRA with a direct view of the
Indian River and close proximity to shopping, recreation, entertainment, and nearby restaurants. There exist no
riparian rights or direct waterfront access associated with this purchase and development. If the developer is
seeking waivers for development, they must specifically outline each request as a part of their proposal.
The site is an important gateway property that lies adjacent to the waterfront. It is the intention of the Sebastian
CRA to consider certain development that best captures the architectural appeal of the city as an "Old Florida
Fishing Village" as well as develop the property into a vibrant, active, and dynamic keystone site that will further
the CRA's goals and objectives. The development of a mixed use property is expected to serve as a catalyst for
redevelopment. Proposals should consider incorporating in the project, to the maximum extent feasible, the City's
planning objectives and principals including:
• Enhance and connect open space
• Livable approach to streets and uses
• Enhance the CRA Park District
The City of Sebastian maintains a parking -in -lieu trust fund established to receive the fee paid by
developers unable to provide all of the required parking on -site for a project and shall be used only to develop and
maintain public parking within the community redevelopment area. A minimum of 50% of parking is required
onsite. The City is not aware of any known soil or groundwater contamination that may adversely affect
development. The site has been vacant since 2018 and all structures removed as of 2022. An Environmental
Compliance Report and Tank Closure Letter have been included in Exhibit B.
The CRA and the CITY are seeking an experienced and well financed developer that is capable of developing the
Property. The Proposer must first submit a proposal meeting the requirements of this RFP including submitting
detailed elevation drawings or other photos/illustrations and conceptual site development plan. Proposals will
then be evaluated and ranked by the CRA Board. The top ranked proposer will then be invited to negotiate the
terms and conditions of a written project agreement with the CITY. The selection of the top ranked proposer does
not in any way form a contract with the CITY. Rather, it is simply an invitation to commence negotiations with
the CITY to draft a mutually agreeable project agreement which shall be subject to consideration and final
approval by the CITY COUNCIL. No guarantees or representations whatsoever are given by the CITY that the
selected proposer will be able to successfully negotiate a written project agreement with the CITY COUNCIL,
and neither is the CITY obligated or required to provide an executable project agreement. If selected and invited
to negotiate a project agreement, the negotiation period shall not exceed three (3) months and can be terminated at
any time by the CITY COUNCIL. Upon expiration or termination of the negotiations, the CITY COUNCIL may
choose to negotiate with any other proposer or terminate the RFP at the CITY COUNCIL'S sole and absolute
discretion. A contract is formed with the CITY only at such time the CITY COUNCIL and selected proposer
approve and execute the written project agreement. Otherwise, the selected proposer, regardless of the fact that a
proposal was submitted and the parties negotiated, has no rights whatsoever to acquire the subject property and/or
construct a project on the property. Additionally, the selected proposers must be able to commit to begin
construction of the mixed -use development within eighteen (18) months from the date that the site plan is
approved by the CITY.
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PURCHASE AND REDEVELOP 1215 INDIAN RIVER DRIVE
The project agreement is expected to address the agreed upon terms and conditions of the project including, but
not limited to, the proposed conceptual site development plan, building elevations, covenants, conditions, and
restrictions, including covenants running with the land, as the CITY deems necessary or desirable to assist in
preventing the development or spread of future slums or blighted areas or to otherwise carry out the purposes of
this RFP which are to construct a mixed -use development, and such other design, permitting, financial,
development schedules, and construction terms and conditions deemed necessary by the CITY.
The CITY COUNCIL may accept such proposal and negotiate a written agreement as it deems to be in the public
interest and in furtherance of the purposes of the CRA's Redevelopment Plan. The Project Agreement, if
successfully negotiated, shall be subject to such covenants, conditions, and restrictions, including covenants
running with the land, as the CITY COUNCIL deems necessary or desirable to assist in preventing the
development or spread of future slums or blighted areas or to otherwise carry out the purposes of this RFP.
Further, the CRA lacks authority to grant variances, waivers, or other land use approvals in the City of Sebastian,
which is exclusively within the jurisdiction of the Sebastian CITY COUNCIL. Accordingly, proposers should
anticipate that it will be required to negotiate a separate development agreement with the City of Sebastian to
approve conceptual development plans and address other matters for which the CITY COUNCIL retains
exclusive authority, such as vacation of rights -of -ways. Again, no guarantees or representations whatsoever are
given by the City of Sebastian that the selected proposer will be able to successfully negotiate a written
development agreement with the Sebastian CITY COUNCIL, and neither is the City of Sebastian obligated or
required to provide an executable development agreement.
1.5 MINIMUM REOUIREMENTS
Each firm must satisfy the minimum requirements listed below to be considered. Firms that do not meet the
minimum requirements as determined by the City, at its sole discretion, will be deemed non -responsive and
not considered for award. All decisions made by the City are final. All Proposers must demonstrate the
following:
I. Proposer, or at least one of its General Partners, must be operating as the same business entity for a minimum of
five (5) years; and
2. Proven experience of successfully developing properties continuously for a minimum of five (5) years; and
3. Financial ability to provide the proposed redevelopment; and
4. No tax delinquency as an individual or member of a Corporation or Partnership; and
5. No unabated code violations for other properties within the City of Sebastian; and
6. No creation of a non -conforming use.
�r
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HOME Of KUCAN ISL N° PURCHASE AND REDEVELOP 1215 INDIAN RIVER DRIVE
SECTION 2 — PURCHASE AGREEMENT DETAILS
Upon the City Council's acceptance of a proposal, the successful Proposer shall enter into a Purchase Agreement for the
purchase of the property. A sample Purchase Agreement is included as Exhibit "C".
The Agreement will be subject to the following terms:
1) A Special Warranty Deed shall be prepared at the City's expense which states the City is conveying the Property in
"as is" condition. A Title Commitment and/or Insurance shall be procured by the successful bidder, and obtained by
said bidder within thirty (30) days after the effective contract date. Purchaser shall pay the cost thereof as well as the
cost of any update. Purchaser shall have fifteen (15) days from the date of receiving said commitment of title to
examine same. Failure of bidder to timely obtain title information shall not extend the time for closing. If title is found
to be defective due to conditions or restrictions other than those set forth herein, Purchaser shall, within said period,
notify the City Attorney in writing, specifying the defects. If the said defects, other than those set forth herein, and
that the title was obtained by or through a tax deed, render the title unmarketable, the City shall have one hundred
twenty (120) days from receipt of such notice to cure the defects, and if after said period the City shall not have
cured the defects, Purchaser shall have the option of (1) accepting the title as it then is, or (2) demanding a refund of
all monies paid hereunder which shall forthwith be returned to Purchaser, and thereupon the Purchaser and the City
shall be relieved of all further obligations.
2) An updated survey of the property, if desired, shall be obtained and paid for by the Purchaser.
3) State documentary stamps on the deed shall be paid by the Purchaser.
4) Certified, confirmed and ratified special assessment liens shall be paid by the City at the time of closing. The City
represents that there are no pending liens at this time affecting the property which have been made by the City and to
the best of its knowledge, there are no other pending liens affecting the property. However, if at the time of closing
there shall be new or future pending liens, Purchaser shall assume the same.
5) The Purchaser shall pay the cost of recording the deed.
6) The Purchaser shall pay the cost of his/her, or its own attorneys and any title commitment and/or insurance.
7) The deposits will be in good faith and will be deducted from the amount proposed to purchase property to determine
balance due at closing. Ten (10) business days following City Council approval of the negotiated Purchase
Agreement, selected Purchasers deposits are non-refundable.
8) Closing shall be done by a Closins Aaent, paid by the Purchaser, and take place within ninety (90) days from the date
of the Agreement, in the office of the City Attorney or Closing Agent's Office. The time for closing shall be extended
as may be deemed necessary by the City. Should closing not occur within the time frame or any extensions granted,
the City has the right but not the obligation to terminate any and all agreements and retain the property or rebid the
property.
9) The successful Proposer if financing must obtain financing within fifteen (15) days following City Council approval
of the negotiated Purchase Agreement, and evidence shall be provided to the City that financing has been obtained. If
evidence is not provided within the fifteen (15) day time period, the City has the right to either provide an additional
ten (10) working days extension, or terminate the process and move to the next preferred applicant.
10) It is understood and agreed that the terms of the RFP documents, proposal submission with proposed use and
Purchase Agreement survives after Closing. The Purchase Agreement shall survive the conveyance of title,
particularly with respect to any act or event which may take place after such conveyance and which affects the rights
of the parties hereto.
11) The City has not employed any Real Estate Brokers in connection with the sale of the property being offered herein,
nor is it in any way liable or responsible for any real estate brokerage or other similar commission claimed as the
result of any sale made of the property herein offered.
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PURCHASE AND REDEVELOP 1215 INDIAN RIVER DRIVE
SECTION 3 — PROPOSAL FORMAT & REQUIREMENTS
The Proposal shall be limited to no more than twentv (20) pages (NOT including the required forms listed in Section 3.9.)
Any responses exceeding twenty (20) pages, NOT including the required forms, will be considered non -responsive and
not considered for award. You are expected to use Tabs dividing each section (tabs will not be included/counted in the
twenty (20) pages).
3.1 COVER LETTER
Proposer shall submit a letter of interest signed by an authorized representative that can contractually obligate
and bind the firm. The Proposer or authorized representative is attesting that the information provided is current
and factual.
The letter shall include:
• Date
• Proposers Information (history, length of existence & business structure)
• Representatives Contact Information (telephone number and email address)
• Proposer's federal taxpayer identification number
• Confirmation of Proposer meeting ALL minimum requirements listed above in Section 1.5.
• Type of ownership, if applicable (small business, small disadvantaged business or women -owned business)
• A detailed description of the nature and status of any pending or completed litigation claims made, contract
disputes, alleged defaults and liens arising in connection with the performance of any services by your
company or by current or former members of your firm, within the last three years. If proposer intends to
utilize subcontractors or sub -consultants, provide similar information for the subcontractors/sub-consultants.
3.2 TABLE OF CONTENTS
Include a clear identification of the materials included in the Proposal by numbering them and providing the
proper page number.
OUALIFICATIONS {TAB 1)
3.3 PROPOSER QUALIFICATIONS
A detailed summary of the developer's experience in the acquisition and development of CWR or mixed -use
development.
A brief description of at least three (3) most comparable projects that has been successfully developed.
Provide the name, address, photographs, and references.
NOTE: The use of past project photos, renderings and graphics are highly encouraged.
3.4 TEAM QUALIFICATIONS
• Team members and credentials
• Include information for the proposed Master Planner, Architect, or Contractor for the project
• Provide up to two comparable projects undertaken, as part of this team or separately by each professional.
(Note which projects the professional consultants and contractors provided the services on behalf of the
Proposer).
• Team credentials include, but are not limited to, specialized qualifications, education and experience. Brief
background outlining relevant work performed within the last five (5) years. Provide the Florida registration
numbers of professional personnel. Resumes shall not exceed one (1) page per person, if applicable.
PROPOSED USE (TAB 2)
3.5 PROPOSED USE OF SITE
• Describe the proposed use of the site.
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• Include conceptual plans, elevations, renderings, etc. Anticipated square footage per use, estimated parking
counts, and number of stories in proposed structures, if applicable.
• A conceptual site development plan, drawn to scale, evidencing that the plan will satisfy current zoning
requirements for a "Commercial/Mixed-Use building type, to the extent that a development agreement is
approved, and the planning objectives of the Sebastian CRA Master Plan, and overlay performance criteria.
• Colored renderings of the site and front, back and side elevations of building (s) and decorative structures
such as hardscape features and entrance signs.
• Describe the organization and future plans of the proposed end users of the site; include information on past
and future business operations of the user. Provide market -based data supporting demand and feasibility as
well as estimated rental rates/sales prices (if applicable).
3.6 PROPOSED COMPLETION TIME
• Describe proposed completion time for this redevelopment, outline time frames for site planning, permitting,
construction, etc.
FINANCIAL REOUIREMENTS (TAB 3)
3.7 FINANCIAL ABILITY
• Provide sufficient evidence of having, or the ability to secure within fifteen (15) days of award, financial
resources to complete the proposed project in a timely fashion and provide long-term financial support to the
project after built.
• Funding Mechanism. Explain the proposed funding mechanism amount (i.e. how the redevelopment will be
funded) timeframe and terms. The applicant is responsible for all building and other permits and fees which
are associated with the proposed project unless otherwise contractually noted. Prospective bidders may submit
bank documents that support their application.
• Reauested Waivers. A summary of any relief to be proposed from the Land Development Code or the
Riverfront Overlay District for items such as building size, height, coverage, material finishes, parking
requirements, or landscaping; or a summary of any relief to be proposed from fees associated with site plan
review of the property.
• Pr000sed Purchase Price. A summary statement of the proposed purchase price for the subject property.
NOTE: This evidence can be shown by the Proposer's audited or compiled financial statements, or signed letters
from banks or equity sources with verifiable funds to complete the project. Such letters must be on bank or equity
source letterhead and include details of the financial entity's experience in working with the Proposer on similar -
sized or larger projects and their willingness to consider funding the proposed project subject to successful
negotiations and due diligence.
3.8 CONFIDENTIAL INFORMATION:
Pursuant to section 119.071, Florida Statutes, any financial statements that the City requires to be submitted may
be exempt from the Public Records Law. Therefore, any submitted financial statements that the Proposer
wishes to remain confidential shall be submitted in a sealed opaque envelope and marked "Confidential
Financial Statement Enclosed." By submission of a response to this RFP the proposer agrees to indemnify and
hold the City harmless should any information marked as confidential knowingly or unknowingly be released as
the result of a public records request.
REOUIRED FORMS (TAB 4)
3.9 FORMS
All Forms required by the RFP shall be fully executed by the Proposer and submitted. Refer to Section 6.
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HOME Of PEUCM ESMD PURCHASE AND REDEVELOP 1215 INDIAN RIVER DRIVE
SECTION 4 — EVALUATION PROCESS
Durine the evaluation process and until an award has been made by City Council, Proposers are prohibited from
discussing anvthine concerning this RFP with Citv staff, anv member of the Evaluation Committee or Citv
Council.
4.1 EVALUATION CRITERIA
The City reserves the right to reject any and all proposals, or to accept any proposal or portion thereof
deemed to be in the best interest of the Citv, and to waive any non -substantial irregularities.
:1 WA
The Best Value Evaluation System is a subjective process that reviews all proposals to determine which proposal
provides the best value to the City. The establishment, application and interpretation of the evaluation criteria
below shall be solelv within the discretion of the City. Weight for each criterion is shown below. Evaluators will
be responsible for giving a score (0-4), see Scale below for point determination.
Scale
0 (0%)
— Non -Responsive
1 (25%)
— Missing/Lacking/Insufficient Evidence Provided
2 (50%)
— Partial/Basic Evidence Provided
3 (75%)
— Sufficient/Adequate/Appropriate Evidence Provided
4 (100%)
— Exceeds/Outstanding/High Level Evidence Provided
Company & Team Qualifications (10 POINTS) - Years of experience, past projects and credentials will be
considered.
Proposed Use & Completion Time (10 POINTS) - The site lies within the CWR zoning district, which allows for a
variety of both commercial and residential uses. A specific timeline and schedule must be included, with additional
considerations given for economic and taxable values based on the proposed use.
Financial Ability (15 POINTS) - Demonstrate the ability to finance, as well as promote the likelihood of future
viability with the proposed site.
Conforms to Master Plan and District Overlays (30 POINTS) - Specific redevelopment shall meet the goals and
objectives found in the CRA Master Plan and the Riverfront Overlay District guidelines.
Purchase Price (35 POINTS)
The following attachments can be found at
httns://weblink. citvofsebastian.ore/WebLink/Browse.asnx?id=236137&dbid=0&repo=City:
+ City of Sebastian's Community Redevelopment Master Plan
• City Comprehensive Plan 2040
• CWR Zoning District
+ Riverfront Overlay District Regulations
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4.2.1 All proposals submitted on time will first be reviewed by the Procurement Division to determine responsiveness to
confirm minimum requirements are met.
4.2.2 The CRA Board shall act as the Evaluation Committee and independently review and evaluate all responsive
proposals received based on the criteria above and discuss their evaluation at the initial Evaluation Committee
Meeting. With consensus of the Evaluation Committee, either a recommendation for award will be made to City
Council or a request for the top ranked firms to give oral presentations may be made. The City reserves the right,
at its sole discretion, to waive immaterial irregularities in proposals if in the best interest of the City. The City
reserves the right to determine, at its sole discretion, whether the criterion is satisfactorily met based on the
Scale established in this RFP. The City reserves the right to seek clarification from any Proposer(s).
4.3 AWARD
The purpose of this RFP is to award one (1) Purchaser, to purchase the referenced property mentioned above in Section
l . l ., Scope of Services. It is most common, not guaranteed, that the Proposer(s) who scores the highest number of points
will be recommended to City Council for award. The City reserves the right to accept or reject any or all proposals
deemed as not responsive. The City reserves the right to cancel this RFP and re -solicit or not re -solicit as
determined to be in the City's best interests.
SECTION 5 — GENERAL CONDITIONS
5.1 CONE OF SILENCE
Potential Proposers shall not communicate in any way with City staff, CRA Board or the City Council other than
the primary contact listed herein. This restriction shall be effective from the time of advertisement until an award
is made by the City Council. Such communication may result in disqualification.
5.2 ADDENDA
Addenda may be issued in response to any inquiry received by the Question/Answer deadline date and time
specified herein or to provide revisions, additions, deletions, clarification, etc. Addenda shall become part of and
have precedence over anything shown or described otherwise. If not mentioned in the addenda, all other
documents, specifications, drawings, terms and conditions remain the same. It is the Proposer's responsibility
to ensure receipt of all addenda and acknowledge all addenda issued. Where there appears to be a conflict
between Solicitation and any addenda, the last addendum issued shall prevail.
5.3 CONFIDENTIAL INFORMATION
Pursuant to Section 119.071, Florida Statutes, if there is any of the information contained in a response that a
Proposer feels is "confidential" and exempt from the Public Records Law (i.e. financial statements), the Proposer
must in the response specifically identify the material which is deemed to be exempt and cite the legal authority
for the exemption, otherwise, the City will treat all materials received as public records. Therefore, any
submitted financial statements that the Proposer wishes to remain confidential shall be submitted in a
sealed opaque envelope and marked "Confidential Financial Statement Enclosed." By submission of a
response to this RFP the proposer agrees to indemnify and hold the City harmless should any information marked
as confidential knowingly or unknowingly be released as the result of a public records request.
5.4 OUESTIONS AND/OR REOUESTS FOR CLARIFICATION
Any questions and/or requests for clarification regarding this Solicitation shall be submitted in writing to the
Procurement/Contracts Manager via email at dwixonna,citvofsebastian.orjz. Proposers must clearly understand that
the only official answer or position of the City will be the one issued by the Procurement/Contracts Manager via
an Addendum.
The Solicitation number and title shall be referenced on all correspondence, include locating information for each
question in order to ensure that questions asked are responded to correctly. All questions must be received no later
than the time and date specified in the RFP. All responses to questions/clarifications will be published in the form
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PURCHASE AND REDEVELOP 1215 INDIAN RIVER DRIVE
of an Addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER DEADLINE
STATED HEREIN. Addendum(s) will be made available on the City's website, DemandStancom and
VendorLink.com and it is the Proposer's sole responsibility to assure receipt of all (if any) Addenda.
5.5 PROPOSALS NOT CONSIDERED
Proposals not considered are late submissions, telegraphed, emailed or faxed proposals and proposals which do
not conform to the instructions contained in the Request for Proposals. However, Proposals may be withdrawn by
fax or email, provided that such notices are received prior to the Solicitation Opening date and time and
confirmed by a telephone call.
5.6 LATE PROPOSALS
Late Proposals will not be opened. Proposers have the option of picking up or paying for the mailed return of
the unopened Proposal. If this option is not exercised within five (5) days of the solicitation due date, the late
unopened Proposal will be disposed.
5.7 PROPOSAL GUARANTEE
The Proposer warrants that the unit prices, terms, and conditions quoted in the proposal will be firm for
acceptance for a period of not less than one -hundred twenty (120) days from the solicitation opening date. Such
unit prices, terms and conditions will remain firm for the contract period.
5.8 SEALED PROPOSALS
Proposals shall be enclosed in a sealed envelope which shall show (lower left corner) the Proposer's name and
address, RFP number and title, along with the solicitation due date and time. The Proposal shall be submitted no
later than the solicitation due date and time mentioned on the Request for Proposal. The City may choose
whether to open any proposals that are not clearly marked at the City's sole discretion and will not be held
responsible for not opening any Proposals that are not clearly marked. Proposals shall be handwritten or
typed with (black or blue) ink. Any erasures or corrections must be initialed by the Proposer in blue ink.
Handwritten submissions must be leeible. Proposals shall be submitted to City Hall. 1225 Main Street
Sebastian. FL 32958. Proposals that are submitted to other locations or delivered to the wrong location
may not be considered. It shall be the sole responsibilitv of the proposer to ensure their proposal is at the
proper location and at the time specified in; the proposal documents.
5.9 RFP OPENING
Proposers are welcome to attend the solicitation opening; however, attendance is not mandatory. Proposals shall
be opened and publicly announced on the date, time and location specified on the Request for Proposal, unless
otherwise stated in the form of an addendum. Proposals received will be posted within thirty (30) business days to
DemandStar.com, Vendorlink.com and the City's website.
5.10 PROPOSAL EXAMINATION
In accordance with Chapter 119, Florida Statutes, solicitation files will be made available for public inspection at
the time the City posts notice of its decision or intended decision concerning contract awards, or thirty (30) days
after the solicitation opening, whichever is earlier. Solicitation files may be examined during normal working
hours, by appointment only, by contacting the City Clerk's office at 772-589-5330.
5.11 INDEMNIFICATION/HOLD HARMLESS
The CONTRACTOR shall indemnify, defend and hold harmless the CITY, and its officers and employees, from
all claims, demands, liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys'
fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the
CONTRACTOR and other persons employed or utilized by the CONTRACTOR in the performance of the
agreement; regardless of the negligence of the indemnitee or its officers, directors, agents, or employees.
However, such indemnification shall not include claims of, or damages resulting from, gross negligence, or
willful, wanton or intentional misconduct of the indemnitee or its officers, directors, agents or employees. Upon
request of the CITY, the CONTRACTOR shall, at no cost or expense to the CITY, indemnify and hold the CITY
harmless of any suit asserting a claim for any loss, damage or liability specified above, and CONTRACTOR shall
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pay any cost and reasonable attorneys' fees that may be incurred by the CITY in connection with any such claim
or suit or in enforcing the indemnity granted above. Nothing in this agreement shall be construed as the CITY
waiving its sovereign immunity pursuant to 768.28, et seq., Florida Statutes, or any other sovereign or
governmental immunity. This provision shall survive the termination of this bid.
5.12 REJECTION OF PROPOSALS
The City reserves the right to reject any and all Proposals, to waive any and all informalities not involving price,
time, or changes in the work, and to negotiate contract terms and conditions with the top ranked Proposer IAW
F.S. 287.055(5), and the right to disregard all non -conforming, non -responsive, imbalanced, or conditional
Proposals. More than one Proposal from an individual, firm or association under same or different names, will not
be considered. Any or all Proposals will be rejected if there is reason to believe that collusion exists among the
Proposers, and no participants in such collusion will be considered in future Proposals for the same work.
5.13 CORRECTIONS. CANCELLATION. & WITHDRAWAL
Proposers may be asked to provide further information after the solicitation opening to determine the
responsibility of the vendor.
5.13.1. Waiver of Technicality: Infonnation shall not be considered after the bid opening if it has been
specifically requested to be provided with the Proposal as this becomes a matter of responsiveness. The
Proposal shall be considered responsive if it substantially conforms to the requirements of the RFP. The
City may waive any informality, technicality, or irregularity on any bid. A minor or non -substantive
lack of conformity may be considered a technicality or irregularity which may be waived by the City.
5.13.2. Mathematical Errors: Errors in extension of unit prices or in mathematical calculations may be
corrected. In cases of errors in mathematical computations, the unit prices shall not be changed.
5.13.3. Cancellation or Postponement: The City may cancel or postpose the solicitation opening or cancel the
RFP in its entirety prior to award.
5.13.4. Withdrawal: Prior to any published bid opening date and time, a Proposer may withdraw his or her
Proposal in writing. A fax or email is permitted for this purpose, provided it is confirmed by a
telephone call.
5.13.5. Amendments: Prior to the published Solicitation Opening date and time, a Proposer may amend the
Proposal provided that it is in writing, in a sealed envelope, and identified.
5.14 EXCEPTIONS TO SPECIFICATIONS
Request for exceptions to the specifications shall be listed in the proposal and shall reference the section. Any
exceptions to the General or Special Conditions may be cause for the proposal to be considered non -responsive.
5.15 SUBCONTRACTORS AND EMPLOYEES
The Proposer is required to identify any and all Sub -consultants and/or suppliers and/or material men that will be
used in the performance of the proposed Agreement and to clearly identify in their Proposal the percentages of
Work to be performed by their Sub -consultants.
5.16 RFP AWARD
The contract/agreement will be awarded to the most responsive and responsible Proposer(s) whose proposal,
conforming to the specifications and terms the City considers is most advantageous. The Procurement/Contracts
Manager shall issue a Notice of Award to the successful Proposer and post the results on the City's website and
DemandStar.
5.17 WAIVER OF IRREGULARITIES
The City may waive minor informalities or irregularities in Proposals received where such is merely a matter of
form and not substance, and the correction or waiver of which is not prejudicial to other Proposers. Minor
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irregularities are defined as those that will not have an adverse effect on the City's interest and will not affect the
price or terms of the Proposal by giving a Proposer an advantage or benefit not enjoyed by other Proposers.
5.17.1. In no event will any such elections by the City be deemed to be a waiving of the required criteria for the
requested services.
5,17.2, The Proposers who are selected for the Project will be required to fully comply with the Project criteria,
regardless that the Solicitation may have been based on a variation.
5.17.3. Proposers shall identify separately all innovative aspects as such in the technical Solicitation. Innovation
should be limited to Proposers means and methods, approach to Project, use of new products, and new
uses for established products.
5.18 COUNCIL MEETING
The awarded Proposer must be available to attend City Council meetings, when required. The awarded Proposer
must be prepared to answer any questions and/or provide a presentation if requested by City Council and/or
authorized by City representative(s). The date and time of the City Council meeting will be publicly noticed.
5.19 SALES TAX
Although the City of Sebastian is exempt from Federal and State Sales and Use taxes, Contractors or Vendors
doing business with the City are not exempted from paying said taxes to their supplier for goods or services
purchased to fulfill the contractual obligations with the City, nor shall any Contractor or Vendor be authorized to
use the City's Tax Exemption Number in securing such materials.
5.20 TERMINATION FOR CAUSE OR CONVENIENCE -
The agreement resulting from this RFP can be terminated immediately for cause if Contractor is found to have
failed to perform services in a manner satisfactory to the City; or for convenience upon thirty (30) days' written
notice to the Proposer. In the event of either termination, the Proposer shall be compensated for all services
performed to the City's satisfaction. The City shall be sole judge of non-performance.
5.21 DISCRIMINATION
The Proposer shall not practice or condone personnel or supplier discrimination of any nature
whatsoever, in any manner proscribed by Federal or State of Florida laws and regulations. The City of
Sebastian will not knowingly do business with vendors, proposers, or contractors who discriminate on
those protected by state and federal law. Through the course of providing services to the City,
Proposers/Contractors shall affirmatively comply with all applicable provisions of Title VI of the Civil
Rights Act of 1964, the Civil Rights Restoration Act of 1987 and the Florida Civil Rights Act of 1992,
as well as all other applicable regulations, guidelines and standards. Any person who believes their
rights have been violated should report such discrimination to the City.
5.22 PUBLIC RECORDS
Section 119.01 Florida Statutes, The Public Records Law, provides that municipal records shall at all times be
open for personal inspection by any person. Information and materials received by the City in connection with all
Proposers' responses shall be deemed to be public record subject to public inspection and copying at the time the
City posts notice of its decision or intended decision concerning contract awards, or thirty (30) days after the
solicitation opening, whichever is earlier.
IF THE PROPOSER/CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS CONTRACT, CONTACT JEANETTE WILLIAMS, THE CITY
CLERK AND CUSTODIAN OF PUBLIC RECORDS AT 772-388-8215 1 EMAIL
iwilliams(a)citvofsebastian.org CITY OF SEBASTAIN, 1225 MAIN STREET, SEBASTIAN, FLORIDA
32958.
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5.23 PUBLIC MEETING EXEMPTIONS
In accordance with Fla. Stat. §286.0113, any portion of a meeting in which (1) negotiations with a vendor is
conducted as part of the "competitive negotiation" process AND/OR (2) a vendor makes an oral presentation or
answers questions as part of the "competitive solicitation" process, are exempt from public meeting requirements
The City will post notice of its decision or intended decision concerning contract awards, or thirty (30) days after
the solicitation opening, whichever is earlier. Any portion of a committee meeting at which negotiation strategies
are discussed is exempt.
A complete record shall be made of any portion of an exempt meeting; no portion may be held off the record. The
recording of and any records presented at the exempt meeting are exempt from Fla. Stat. § 119.071 until such time
as the City posts notice of its decision or intended decision concerning contract awards, or thirty (30) days after
the solicitation opening, whichever is earlier, at which point the complete record becomes public and subject to
Section 119.01 Florida Statute, The Public Records Law.
5.24 PROTEST PROCEDURE
Any Bidder/Proposer who is aggrieved in connection with a competitive selection process may protest to the
Procurement/Contracts Manager. The protest shall be submitted in writing within three (3) calendar days after the
Bidder/Proposer knows or should have known of the facts giving rise to the protest. Failure of the Proposer to file
a timely formal written Protest within the specified time period shall constitute a waiver by the Proposer of all
rights to Protest. The formal written Protest must provide documentation which shall specify in detail the nature
of the grievance and the grounds upon which any relief, modification or change is based. If the protest is not
resolved by mutual agreement or if the protestor disagrees with the decision of the Procurement/Contracts
Manager, the protestor may appeal the decision to the City Manager and/or City Council, within seven (7)
calendar days of initial decision.
Stav of Procurement — In the event of a timely and properly filed protest, the Procurement/Contracts Manager
shall not proceed further with the solicitation or award until all administrative remedies have been exhausted, or
until the City Manager or City Council, as appropriate, makes a determination on the record that the award of a
contract is necessary to protect substantial interests of the City.
SECTIONS BELOW REFERENCED ON FORM F-NOTIFICATIONSAFFIDAVIT
5.25 CONFLICT OF INTEREST
The resulting agreement is subject to the provisions of Chapter 112, Florida Statutes. All
Proposers/Contractors/Consultants must disclose within their bid/proposal to the City of Sebastian the name of
any officer, director, or agent who is also an employee of the City of Sebastian (hereinafter the "City").
Furthermore, all Proposers/Contractors/Consultants must disclose the name of any City employee who owns,
directly or indirectly, an interest of more than five percent (5%) in the firm of any of its branches. Please submit
to the City all information on any potential conflict of interest related to provision of the goods or services
requested in this Solicitation.
The purpose of this disclosure is to give the City the information needed to identify potential conflicts of interest
for evaluation by the team members and other key personnel involved in the award of this contract. The term
"conflict of interest" refers to situations in which financial or other personal consideration may adversely affect,
or have the appearance of adversely affecting, an employee's professional judgment in exercising any City duty or
responsibility in administration, management, instruction, research, or other professional activities.
5.26 NO LOBBYING
All Proposers/Contractors/Consultants or and its officers, partners, owners, agents, representatives, employees or
parties in interest are hereby placed on notice that any communication, whether written or oral, with City of
Sebastian elected officials or any other staff or outside individuals working with the City in respect to this request
(with exception of the Procurement Division personnel designated to receive requests for interpretation or
corrections) is prohibited. These persons shall not be lobbied, either individually or collectively, regarding any
request for bid, proposals, qualifications and/or any other solicitations released by the City of Sebastian. To do so
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is grounds for immediate disqualification from the selection process. The selection process is not considered
final until such time as the CRA Board and City Council have made a final and conclusive determination.
5.27 NO COLLUSION
Proposer/Contractor/Consultant and its officers, partners, owners, agents, representatives, employees or parties in
interest, swears and attests that it is fully informed respecting the preparation and contents of the attached
Solicitation, and of all pertinent circumstances respecting the provision of the goods or services to the City of
Sebastian. The Proposal, offer or submittal being made is genuine and is not collusive or a sham.
By submitting a response to this RFP, Proposer certifies that all information contained in the submittal is
truthful to the best of their knowledge and belief. Proposer further certifies, under oath, that this submittal
is made without any colluded, conspired, connived or agreed, directly or indirectly, with any other firm,
person or corporation responding to this solicitation for the same product or service.
5.28 IMMIGRATION LAWS
The City will not intentionally award City contracts to any Firm who knowingly employs unauthorized alien
workers, constituting a violation of the employment provisions contained in an 8 U.S.C. Section 1324 a(e)
(Section 274A (e) of the Immigration and Nationality Act ("INA"). Refer to E-Verify Acknowledgment in
solicitation documents.
5.29 DRUG -FREE WORKPLACE
In accordance with Florida Statute Section 287.087, Proposer/Contractor/Consultant certifies that the following:
(1) A written statement is published notifying that the unlawful manufacture, distribution, dispensing, possession
or use of a controlled substance is prohibited in the workplace named above and specifying actions that will
be taken against violations of such prohibition.
(2) Employees are informed about the dangers of drug abuse in the work place, the firm's policy of maintaining a
drug free working environment, and available drug counseling, rehabilitation, and employee assistance
programs, and the penalties that may be imposed upon employees for drug use violations.
(3) Employees are notified that as a condition of working on the commodities or contractual and will notify the
employer of any conviction of, plea of guilty or nolo contendere to, any violation of Chapter 1893, or of any
controlled substance law of the State of Florida or the United States, for a violation occurring in the work
place, no later than five (5) days after such conviction, and requires employees to sign copies of such written
(*) statement to acknowledge their receipt.
(4) Requires 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.
(5) Makes a good faith effort to continue to maintain a drug free work place through the Implementation of the
drug free workplace program.
(6) Gives each employee engaged in providing commodities or contractual services that are under bid or
proposal, a copy of the statement specified above.
5.30 PUBLIC ENTITY CRIMES
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.
"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.
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"Affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means:
( 1 ) A predecessor or successor of a person or a corporation 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, or
(3) Those officers, directors, executives, partners, shareholders, employees, members, and agents who are active
in the management of an affiliate, or
(4) A person or corporation who knowingly entered into a joint venture with a person who has been convicted of a
public entity crime in Florida during the preceding 36 months.
Proposer certifies that neither the entity submitting, nor any of its officers, directors, executives, partners,
shareholders, employees, members or agents who are active in management of the entity, nor any affiliate
of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989.
Where the Proposer is unable to certify to all of the statement above, Proposer shall attach an explanation to this
submittal.
5.31 DEBARMENT AND SUSPENSION
Proposer certifies to the best of its knowledge and belief that it and its principals:
a. Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
b. Have not within a three-year period preceding this application been convicted of had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State, or Local) transaction or contract under a
public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen
property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this
certification; and
d. Have not within a three-year period preceding this application had one or more public transactions
(Federal, State or local) terminated for cause or default.
e. Proposer must submit their Company Profile Page from SAM with their proposal.
f. City of Sebastian will not make an award to parties listed on the government -wide exclusions in the
Svstem for Award Management (SAM).
Where the Proposer is unable to certify to all of the statements above, Proposer shall attach an explanation to this
submittal.
5.32 SCRUTINIZED VENDOR
Proposer certifies under penalties of neriurv. as of the date of this solicitation to provide goods and/or services to
the Citv of Sebastian. that it:
(1) Does not participate in a boycott of Israel; and
(2) Is not on the Scrutinized Companies that Boycott Israel List; and
(3) Is not on the Scrutinized Companies with Activities in Sudan List; and
(4) Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and
(5) Has not engaged in business operations in Cuba or Syria.
Submitting a false certification shall be deemed a material breach of contract. The City of Sebastian shall provide
notice, in writing, to the Contractor of the City's determination concerning the false certification. The Contractor
shall have ninety (90) days following the receipt of the notice to respond in writing and demonstrate that the
determination of false certification was made in error. If the Contractor does not demonstrate that the City's
determination of false certification was made in error then the City shall have the right to terminate the contract
and seek civil remedies pursuant to Florida Statute § 287.135.
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Section 287.135, Florida Statutes, generally prohibits state agencies and departments, and local government
entities from: 1) Contracting with companies for goods or services in any amount if at the time of bidding on,
submitting a proposal for, or entering into or renewing a contract if the company is on the Scrutinized Companies
that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of
Israel; and 2) Contracting with companies, for goods or services over $1,000,000.00 that are on either the
Scrutinized Companies with Activities in Sudan List, or the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statute, or have been engaged in
business operations in Cuba or Syria.
SECTION 6 — REQUIRED FORMS
PROPOSAL CHECKLIST
Please use the following checklist as a reference to confirm all requirements are met in your RFP Proposal.
The bid shall be limited to no more than twenty (20) pages (NOT including required forms). Any responses exceeding
twenty (20) Daees. NOT includine the required forms. will be considered non -responsive and not considered for award.
You are expected to use Tabs dividing each section (tabs will not be included/counted in the twenty (20) pages).
C Cover Letter (Refer to Section 3.1)
Table of Contents (Refer to Section 3.2)
TAB 1 - QUALIFICATIONS
ICompany Qualifications (Refer to Section 3.3)
Team Qualifications (Refer to Section 3.4)
TAB 2 - PROPOSED USE
Proposed Use of Site (Refer to Section 3.5)
Proposed Completion Time (Refer to Section 3.6)
TAB 3 - FINANCIAL REQUIREMENTS
Financial Ability (Refer to Section 3.7)
TAB 4 - REQUIRED FORMS (Refer to Section 6)
Contact Information Sheet — FORM A
Addenda Acknowledgment — FORM B
Proposed Purchase Price - FORM C
Proposer's Disclosure — FORM D
I E-Verify Acknowledgement — FORM E
f Notifications Affidavit — FORM F
Minority, Women and Disabled -Owned Business Concern Representation — FORM G
Please be advised that this checklist should not be interpreted as a comprehensive list of all information required by
this Solicitation from prospective Bidders. It simply serves as a reference or guide for the most significant documents to
be included in the bid and should be enhanced as deemed necessary. It is solely the Bidder's responsibility to read and
understand all requirements and adhere to all issued Addenda.
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MAILING LABEL
Proposer must submit proposal in a sealed envelope/box/container:
One (1) original proposal, including the deposit is required.
Eight (8) copies of the proposal are required.
One (1) USB with an electronic version is required.
Cut along the outer border and affix this label to the sealed envelope/box/container to identify the submission as a
Sealed Proposal.
SEALED RFP • DO NOT OPEN
SOLICITATION RFP 23-08
#:
SOLICITATION Sale of City -Owned Property "1215 Indian Rives{
TITLE: Drive" (Former Harbor Lights Motel) ot
DUE Friday, July 21, 2023 @ 2:00 PM EST
DATE/TIME:
SUBMITTED
BY:
Proposer's Name
Proposer's Address
Proposer's Address
City of Sebastian
ATTN: Procurement Division
DELIVER TO: 1225 Main Street
Sebastian, Florida 32958
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anY
FORM
A
RFP #23-08
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Proposals due by 2:00 PM EST on
PURCHASE AND REDEVELOP 1215 INDIAN RIVER DRIVE
CONTACT INFORMATION SHEET
Friday, July 21, 2023
All pkvsical, in person submissions must be delivered
or mailed to:
City of Sebastian
ATTN: Procurement Division
1225 Main Street
Sebastian, Florida 32958
Check Addenda for revised due dates before
submitting your Bid. Late Bids will not be
accepted.
SOLICITATION
RELEASE
NO.:
DATE:
RFP 23-08
05/22/2023
SOLICITATION TITLE;
CONTACT:
Don Wixon
Procurement/Contracts
Manager
(772) 388-8231
Sale of City -Owned Property "1215 Indian River Drive`
(Former Harbor Lights Motel)
Firm's Name and "Doing Business As", if applicable:
Address:
City:
Telephone No:
E-Mail Address of Authorized Representative:
MINIMUM REQUIREMENTS
State:
IFax No:
Federal Tax
Number:
Identification
Zip Code:
Firms that do not meet the minimum requirements as determined by the City, at its sole discretion, will be
deemed non -responsive and not considered for award (refer to page 6, Section 1.5). By placing a checkmark
next to each requirement, Proposer is confirming the requirement is met.
€ Proposer, or at least one of its General Partners, must be operating as the same business entity for a minimum
of five (5) years; and
€Proven experience of successfully developing properties continuously for a minimum of five (5) years; and
€Financial ability to provide the proposed redevelopment; and
€No tax delinquency as an individual or member of a Corporation or Partnership; and
BID/PROPOSAL CERTIFICATION
I certify that I have carefully examined the RFP document and associated documents, including Addenda,
accompanying or made a part of this solicitation. I further certify that all information contained in this proposal
is truthful to the best of my knowledge and belief and that I am duly authorized to submit this proposal on
behalf of the company named above and that the company is ready, willing, and able to perform if awarded.
Printed Nance Title
The City reserves the right to reject any and all proposals, or to accept any proposal or portion thereof deemed
to be in the best interest of the Citv, and to waive any non -substantial irregularities.
Failure to fully complete and submit this Information Sheet may result in resection of the submittal.
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Proposer's Name:
FORM
B RFP #23-08
PURCHASE AND REDEVELOP 1215 INDIAN RIVER DRIVE
ADDENDA ACKNOWLEDGEMENT
Proposer shall indicate below all Addenda received. Acknowledgement confirms receipt and understanding of issued Addenda.
Proposer understands that failure to acknowledge any addenda issued may cause their proposal to be considered non-
responsive. To confirm the number of addenda (if any), Proposer may contact the Procurement Division at (772) 388-8231.
ADDENDDUM # DATE
RECEIVED
1
2
3
4
5
6
7
8
9
to
No Addenda was received in connection with this solicitation.
Signature: Title:
Print Name: Date:
Failure to fullv complete, sisn and submit this Form may result in reiection of the submittal
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C RFP #23-08
PURCHASE AND REDEVELOP 1215 INDIAN RIVER DRIVE
PROPOSED PURCHASE PRICE FORM
herein called the Buyer(s), hereby offer(s) and agree(s) to purchase
from the City of Sebastian, a Municipal Corporation, hereinafter called the City, at the price subject to the terms,
conditions, reservations, restrictions, and covenants herein stated, (see attached(s)), and easements, encumbrances and
other matters of record, and to all zoning, building or other Laws or Ordinances, the following described property.
In order to constitute an acceptable offer to purchase, all information requested below must be provided. The form must
be submitted with proposal.
Proposer's Name:
Proposer's Address:
City, State, Zip:
Phone Number:
Email Address:
Insert in the "Proposed Purchase Price" column, the total amount you agree to pay for the property. Entries must be typed
or clearly printed in ink. Use of erasable ink is not permitted. Strikeovers, changes, and corrections by the Proposer must
be initialed. Questionable entries will be rejected.
ADDRESS PROPOSED PURCHASE PRICE
1215 Indian River Drive
Sebastian, FL 32958 $
INTENDED USE (PLEASE I I ResidentialF1 Commercial 1 1 Mixed Use
CHECK) I I
PROPOSER'S ACKNOWLEDGMENT
The Proposer understands that information contained on this Proposed Purchase Price Form is to be relied upon by the
City of Sebastian in awarding the specified RFP, and such information is warranted by the Proposer understands that the
City has the right to verify the information submitted and to seek any additional information relating to the Bidder's
qualifications. The discovery of any misstatement, which in the sole opinion of the City materially affects the Proposer's
qualifications to perform, shall cause the rejection of the Proposal, and if after the award, to cancel the sale of agreement.
The Proposer acknowledges that the deed will include a clause stating that the property reverts to the City of Sebastian if
substantial compliance with the provisions of the proposal is not met according to an agreed upon timeline.
Signature: Title:
Print Name: Date:
Failure to fullv complete, sien and submit this Form may result in resection of the submittal
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PURCHASE AND REDEVELOP 1215 INDIAN RIVER DRIVE
PROPOSER'S DISCLOSURE FORM
The undersigned certifies under oath the truth and correctness of all statements and all answers to questions made
hereinafter. Additional sheets may be attached if required.
Proposer's Name:
Address:
Contact Person:
Title:
Phone No.:
Email Address:
Federal Identification No.:
This Business is: O An Individual (} A Partnership ( ) A Corporation
Proposer's License No., if applicable:
*Attach certificate of status, competency, and/or state registration
(1) Has your firm or any of its officers, received a reprimand of any nature or been suspended by the
Department of Professional Regulations or any other regulatory agency or professional association within
the last five (5) years? YES NO ❑
(2) Has your firm, or any member of your firm, been declared in default, terminated or removed from a
contract or ,job related to the services your firm provides in the regular course of business within the last
five (5) years? YES ❑ NO ❑
(3) Has your firm had against it or filed any request for equitable adjustment, contract claims, bid protest, or
litigation in the past five (5) years that is related to the services your firm provides in the regular course of
business? YES ❑ NO ❑
(4) Describe each affiliation or business relationship with an employee, board member, elected official(s) or an
immediate family member of any such person of the City of Sebastian. If none, write NONE.
(5) Describe ANY other affiliation or business relationship that may cause a conflict of interest. If none, write
NONE.
If yes, state the nature of the request for equitable adjustment, contract claim, litigation, or protest, and state a brief
description of the case, the outcome or status of the suit anti the monetary amounts or extended contract time involved.
CONTINUED NEXT PAGE
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RFP #23-08
HOME OF PELICAN
PURCHASE AND REDEVELOP 1215 INDIAN RIVER DRIVE
I hereby certify that all statements made are true and 1 agree and understand that any misstatement or misrepresentation
or falsification of facts shall be cause for forfeiture of rights for fitrther consideration of this proposal for the City of
Sebastian.
Signature
Date
Failure to fullv complete, sign and submit this Disclosure may result in reiection of the submittal
437 of 562
Page 26 of 31
M
FORM
E RFP #23-08
HOME OF PELICAN ISLAND PURCHASE AND REDEVELOP 1215 INDIAN RIVER DRIVE
E-VERIFY ACKNOWLEDGMENT
Effective January 1, 2021, public and private employers, contractors and subcontractors will be required to register with,
and use the Employment Eligibility Verification System (E-Verify) to verify the work authorization status of all newly
hired employees. The E-Verify system can be obtained at the U.S. Department of Homeland Security website-
httD://www/dhs.jzov/E-Verifv.
"Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to
provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration (also referred to
as Vendor or Consultant).
"Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another
subcontractor in exchange for salary, wages, or other remuneration (also referred to as Sub -Vendor or Sub -Consultant).
Vendor/Consultant/Contractor acknowledges and agrees to utilize the U.S. Department of Homeland Security's E-Verify
System to verify the employment eligibility of:
■ All persons employed by Vendor/Consultant/Contractor during the term of the contract, (including assigned sub-
vendors/sub-consultants/sub-contractors), to perform employment duties within Florida and any work in pursuant to
the contract with the City.
By entering into a contract with the City, the Proposes/Coirtractor/Corrsultant becomes obligated to comply with the
provisions of Section 2. Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This
includes, but is not limited to, utilization of the E-Verb System to verify the work authorization status of all newly hired
employees, and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ,
contract with, or subcontract with, an unauthorized alien. The contractor shall maintain a copy of such affidavit for the
duration of the contract. Failure to comply will lead to termination of resulting contract, or if a subcontractor knowingly
violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision
must be fled in the Circuit Court of Indian River County, Florida no later than 20 calendar days after the date of
termination. If the resulting contract is terminated for a violation of the statute by the Contractor, the Contractor may not
be awarded a public contract.for a period of 1 year after the date of termination.
I hereby acknowledge and agree that use of the U.S. Department of Homeland Security's E-Verify System during the term
of the contract is a condition of the resulting contract with the City of Sebastian.
Company Name:
Authorized Name: Title:
Signature: Date:
Proposer must submit their Companv Profile Pate from E-Verifv with their bid.
State of
County of
This instrument was acknowledged before me on
(Date)
[Notary Scal]
Notary Public Signature
Failure to fully complete, sign and submit this Affidavit may result in reiection of the submit
Page 27 of 31 438 of 562
FORM
F RFP #23-08
FIOMEOFMUCANISLAND PURCHASE AND REDEVELOP 1215 INDIAN RIVER DRIVE
NOTIFICATIONS AFFIDAVIT
1, , ,
(Print Authorized Name) (Title)
(Company Name)
affirm that I read and understand, as well as accept all requirements and regulations listed in sections 4.27 — 4.35 of the
above referenced solicitation document to include the following notifications:
• Conflict of Interest
• No Lobbying
• No Collusion
• Immigration Laws
• Drug -Free Workplace
• Public Entity Crimes
• Debarment and Suspension, Proposer must submit their Comvanv Profile Page from SAM with
their bid.
• Scrutinized Vendor
• Performance Evaluation
Signature: Date:
State of
County of
The foregoing Affidavit was acknowledged before me on (DATE).
[Notary Seal]
Notary Public Signature
Failure to fully complete, sign and submit this Affidavit may result in resection of the submittal
Page 28 of 31 439 of 562
an C1
T_L4_JN FORM
G RFP #23-08
WME OF PEUCAN ISLMD PURCHASE AND REDEVELOP 1215 INDIAN RIVER DRIVE
MINORITY, WOMEN and DISABLED -OWNED BUSINESS CONCERN REPRESENTATION
Minority -Owned Business: a minority -owned business concern means a business concern that: (1) is at least 51
percent unconditionally owned by one or more individuals who are considered to be a member of a minority group, or a
publicly owned business having at least 51 percent of its stock unconditionally owned by one or more members of a
minority group; and (2) has its management and daily business controlled and operated by one or more such
individuals. Individuals who certify that they are members of minority groups (African Americans, Hispanic
Americans, Native Americans, Asian -Pacific Americans, Asian -Indian Americans, and other minorities) are to be
considered minority -owned enterprises.
Women -Owned Business: a business that is at least 51 percent owned by a woman or women who also control and
operate it.
Disabled Owned Business: a business that is at least 51 percent owned by a person or persons with severe physical
or mental disabilities, which substantially limits one or more of the person's major life activities and which person
or persons control, and operate such business.
"Control" in this referenced context means exercising the power to make policy decisions. "Operate" means being
actively involved in the day- today management of the business.
The City of Sebastian shall rely on written representations of concerns regarding their status as
minority/women/disabled-owned businesses. Proposer agrees to submit information regarding the minority ownership
of its subcontractors on request.
COMPLETE THE SECTION BELOW AND RETURN THIS FORM WITH BID. FAILURE TO DO SO MAY
RENDER THE OFFEROR'S BID UNACCEPTABLE.
A. Representation. The Proposer represents that it is ( ), is not O a minority -owned business concern.
B. Representation. The Proposer represents that it is(), is not() a women -owned business concern.
C. Representation. The Proposer represents that it is ( ), is not ( ) a disabled -owned business concern.
Please Check ADnroariate Box/Boxes
€ African American€ Caucasian (CAUC) € Native American (NAAM)
(AFRAM)
€ Hispanic American€ Asian -Pacific American (ASIAP) € Asian Indian (ASIAI)
(HISP) American
€ Other, please identify: € Woman Owned (W) € Disabled Owned (D)
The Proposer has 1 has not used the following procedures in searching for and obtaining suppliers and
subcontractors:
• Place Minority -Owned Businesses on solicitation lists.
• Ensure that Minority -Owned are solicited whenever they are potential sources.
• Consider contracting with consortia of Minority -Owned Businesses when an intended contract is too large for any
one such firm to handle on its own or, if economically feasible, divide larger requirements into smaller transactions
for which such organizations might compete.
• Make information on contracting opportunities available and establish delivery schedules that encourage
participation by Minority Owned Businesses.
• Use the services and assistance of the SBA and Department of Commerce Minority Business Development
Agency, as appropriate.
Page 29 of 31 440 of 562
Tn a
SEBASTM
RFP #23-08
WMEOF nUCAN ISLMD PURCHASE AND REDEVELOP 1215 INDIAN RIVER DRIVE
Company Name
Address City Zip
State
Phone # Email Address FEIN #
Signature of Company Official Print Name Date
Page 30 of 31
441 of 562
RFP #23-08
HOME of KUCM ISIMD PURCHASE AND REDEVELOP 1215 INDIAN RIVER DRIVE
SOLICIATION INFORMATION FORM
Please submit this form to assist us in learning more about how our solicitation opportunities are most often found.
Company's Name:
Company Address:
Phone No:
Please tell us how you found out this Request for Proposals was released/available (mark all that applies):
Indian River Press Journal (TCPalnt)
DemandStar/Onvia
City of Sebastian Web Site
Other (please specify below)
Page 31 of 31 442 of 562
Mix
SEBASTLAN
HOME OF PELICAN ISLAND
CITY COUNCIL AGENDA TRANSMITTAL
Council Meeting Date: September 27, 2023
Agenda Item Title: Consideration of the Evaluation of the Request for Proposal (RFP #23-11)
for the Sale and Redevelopment of City -Owned Property and Provision of a
Mixed -Use Development located at 100 Veterans Memorial Way, Sebastian,
Florida, (former Public Works Compound) situated in the Community
Redevelopment area for possible aware to Stilldragon of North America,
LLC.
Recommendation: City Council action from the recommendation of the CRA Board for
the evaluation of the Request for Proposal (RFP #23-11) for the Sale and Redevelopment of City -Owned
Property.
Background: The City of Sebastian requested proposals from qualified real estate
developers/investors/operators for the purchase and redevelopment of city -owned property located at 100
Veterans Memorial Way, Sebastian, FL 32958 (former Public Works Compound). The Sebastian Community
Redevelopment Agency "CRA" invited Proposers to submit their qualifications, approach, conceptual design,
financial and other terms for the Proposer to purchase, design, permit, construct, finance, operate and
maintain a mixed -use commercial/industrial development on a 4.42+/- acre site, minus Veterans Memorial
Way right of way. This Request for Proposal (RFP #23-11) was issued in accordance with the disposal of real
property provisions set forth in Section 163.380, Florida Statutes. On Friday. Julv 14. 2023 at 2:00 PM
EST. all proposals were due to be submitted. One (1) vrovosal was received.
In accordance with Section 4.2.2 of RFP #23-11, the CRA Board shall act as the Evaluation Committee and
independently review and evaluate all responsive proposals received based on the evaluation criteria outlined
in Section 4 and discuss their evaluation at the initial Evaluation Committee Meeting. With consensus of the
Evaluation Committee, either a recommendation for award will be made to City Council or a request for the
top -ranked firms to give oral presentations may be made. In the alternative, the City Council can direct Staff
to rebid the project.
In accordance with the RFP, the City is responsible for securing the following should they proceed with the
sale and redevelopment of the property:
• Survey and Legal Description of Property and Veterans Memorial Way
• Specialty Deed of property and RW dedication
• Change in Land Use and Rezone of property
• Brownfield designation if requested
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If Agenda Item Renuires Expenditure of Funds:
Budgeted Amount: NA
Total Cost: $0.00
Funds to Be Utilized for Appropriation: NA
Attachments:
1. RFP #23-11, Sale of Former Public Works Compound
2. RFP Proposal July 14, 2023 — Stilldragon North America, LLC
3. Armfield-Wagner Appraisal & Research Inc., Appraisal Report #46839 Summation
4. Sebastian CRA Redevelopment Master Plan 2022-2023; Applicable content of Section Four,
Pages 52 — 59.
Administrative Services Department Review:
City Attorney Review:
Procurement Division eview, if applicable: _,Al�
City Manager Authorization:
Date:
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CITY CIF
HOME OF PELICAN ISLAND
REQUEST FOR PROPOSALS
RFP #23-11
FOR THE PURCHASE OF CITY -OWNED PROPERTY
AND PROVISION OF A MIXED USE COMMERCIAL DEVELOPMENT AT
100 VETERANS MEMORIAL WAY SEBASTIAN, FLORIDA, SITUATED IN THE COMMUNITY
REDEVELOPMENT AREA
r •' � 1
0 100 150 200.a
FeetUL
Contact Person
Don Wixon, Procurement/Contracts Manager
Email: dwixon a cit ofsebastian.ora
City of Sebastian, City Hall
ATTN: Procurement Division
1225 Main Street
Sebastian, Florida 32958
Publish: Publication in the Indian River Press Journal
Date:
445 of 562
RFP #23-11
HOME OF PELICAN ISLAND - PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY
REQUEST FOR PROPOSALS
The City of Sebastian is requesting proposals from qualified real estate developers/investors/operators for the purchase
and redevelopment of city -owned property located at 100 Veterans Memorial Way, Sebastian, FL 32958 (former Public
Works Compound). This Request for Proposal ("RFP") is issued in accordance with the disposal of real property
provisions set forth in Section 163.380, Florida Statutes. The Sebastian Community Redevelopment Agency "CRA"
invites Proposers to submit their qualifications, approach, conceptual design, financial and other terms for the Proposer to
purchase, design, permit, construct, finance, operate and maintain a mixed -use commercial/industrial development on a
4.42+/- acre site, minus Veterans Memorial Way right of way. The Citv will NOT pav real estate commissions on this
sale.
All proposals are due no later than Friday. July 14. 2023 by 2:00 PM. LOCAL TIME. at which time all proposals are
due. Late proposals will not be accepted. Proposers have the option to submit Dhvsicallv. in -person, or bi mail.
Submissions shall only be accented at Citv Hall. Proposer must submit proposal in a sealed
envelope/box/container: One (1) original proposal "MARKED ORIGINAL & SIGNED IN BLUE INK," including the
required deposit; EIGHT (8) copies "MARKED COPY & SIGNED IN BLACK INK" of the proposal are required; One
(1) USB with an electronic version is required. Onlv the NAME of the firms who submitted a response to this Reauest
for Proposal will be read aloud RFP's will not be made available for review at the time of the oneninv.
EVENT
RELEASE DATE:
MANDATORY PRE BID SITE VISIT:
100 VETERANS MEMORIAL WAY
MANDATORY
QUESTIONS DUE DATE/TIME:
DUE DATE/TIME:
DATE TIME
WEDNESDAY, MAY 15, 2023
WEDNESDAY, JUNE 7, 2023 10:00 AM EST
FRIDAY, JUNE 30, 2023 END OF BUSINESS
FRIDAY, JULY 14, 2023 2:00 PM EST
PROPOSEDSCHEDULE
1ST EVALUATION MEETING: TBD 10:00 AM EST
2ND EVALUATION MEETING, if applicable: TBD
RECOMMENDATION OF AWARD —
CITY COUNCIL MEETING: TBD 6:00 PM EST
City of Sebastian City Hall
1225 Main Street
Sebastian, Florida 32958
RFP documents and any addenda may be obtained from the City's website (www.cit ofsebastian.or0, DemandStar
(www.demandstar.com or VendorLink (www.vendorlink.com). It will be the sole responsibility of the Proposer to
determine if anv addenda have been issued nrior to submittine a nronosal.
Any and all questions and communication concerning this RFP should be emailed ONLY to the contact person listed
below, no later than Friday, June 30, 2023 by end of day. Contact by a Proposer (or anyone representing a Proposer)
regarding this RFP with the City Council or a City employee/representative other than the point of contact listed above, is
grounds for disaualification.
Page 2 of 32
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�oF
SEF�TN
UP #23-11
HOME OF PELICAN ISUND PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY
STATEMENT OF NO RESPONSE
If your firm does not intend on submitting a proposal, please complete and return this form prior to the Solicitation
Opening date shown herein. Return by email (dwixon6kityofsebastian.org) or by mail to:
CITY OF SEBASTIAN, CITY HALL
ATTN:PROCUREMENT
1225 MAIN STREET
SEBASTIAN, FLORIDA 32958
Company Name:
Company Address:
Phone Number:
We are not responding to RFP #23-08. FOR THE PURCHASE OF CITY -OWNED PROPERTY
AND PROVISION OF A MIXED -USE DEVELOPMENT AT 1215 INDIAN RIVER DRIVE SEBASTIAN FLORIDA
for the following reasons) (mark all that applies):
Do not offer the good(s) or service(s) required
Our schedule would not permit us to perform responsibly
Unable to meet specifications/scope of services
Unable to meet minimum requirements
Insufficient time allowed for preparation of response
Project/Budget too small
Specifications unclear — too vague, rigid, etc. (please explain below)
Other (please specify below)
REMARKS
Signature
Print Name / Title
Date
Page 3 of 32
447 of 562
aura
KN
NOWOF"wMaNe
RFP #23-11
PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY
TABLE OF CONTENTS
REQUEST FOR PROPOSALS.................................................................................................................2
STATEMENTOF NO RESPONSE.........................................................................................................3
TABLEOF CONTENTS............................................................................................................................4
DEFINTIONS..............................................................................................................................................4
SECTION 1— SOLICITATION INFORMATION.................................................................................5
SECTION 2 — PURCHASE AGREEMENT DETAILS..........................................................................9
SECTION 3 — PROPOSAL FORMAT & REQUIREMENTS.............................................................11
SECTION 4 — EVALUATION PROCESS.............................................................................................12
SECTION 5 — GENERAL CONDITIONS.............................................................................................13
SECTION 6 — REQUIRED FORMS.......................................................................................................20
PROPOSALCHECKLIST.....................................................................................................................20
MAILINGLABEL.................................................................................................................................
22
CONTACT INFORMATION SHEET - FORM A................................................................................23
ADDENDA ACKNOWLEDGEMENT - FORM B..............................................................................24
PROPOSED PURCHASE PRICE - FORM C......................................................................................25
PROPOSER'S DISCLOSURE - FORM D...........................................................................................26
E-VERIFY ACKNOWLEDGMENT - FORM E..................................................................................
28
NOTIFICATIONS AFFIDAVIT - FORM F.........................................................................................29
MINORITY, WOMEN and DISABLED -OWNED REPRESENTATION - FORM G........................
30
SOLICIATION INFORMATION FORM..............................................................................................32
Exhibits:
"A" - Property Information
"B" - Remedial Action Plan (RAP) 2023
"C" - Florida Brownfield Redevelopment Program
"D" - Sample Purchase Agreement
DEFINITIONS
Request for Proposals ("RFP"): This Solicitation document, including any and all addenda.
Pronosal: Submission in response to this RFP.
Proposer: Person or firm submitting a Proposal in response to this RFP, "pre -award".
Engineer or Design Build Firm (DBF): Selected Proposer that is meets the scope of services and is
awarded a contract to provide the goods or services to the City, "post -award".
City: Refers to the City of Sebastian.
Contract or Agreement: Request for Proposals, all addenda issued thereto, all affidavits, the signed
agreement, and all related documents that comprise the totality of the contract or agreement between the
City and the Engineer or DBF.
Responsible Proposer: Proposer that has the integrity, reliability and capability in all respects to perform
in full the contract requirement as stated in the RFP.
Responsive Proposer: Proposer who's Proposal fully conforms in all material respects to the RFP and its
entire requirement, including form and substance.
Days: Refers to calendar days, unless otherwise stated.
Shall. Must & Will: Interpreted as mandatory language.
Page 4 of 32
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MOF
�STIJw
RFP #23-11
HOME OFMKOOLMD PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY
SECTION 1— SOLICITATION INFORMATION
1.1 SCOPE OF SERVICES
The City of Sebastian is requesting proposals from qualified real estate developers/investors/operators for the
purchase and redevelopment of city -owned property located at 100 Veterans Memorial Way, Sebastian, FL 32958
(former Public Works Compound). Title will be transferred by a special warranty deed. Consideration will be
given to development that best promotes a vibrant, active and dynamic keystone site that will further the
Community Redevelopment Agency's (CRA) goals and objectives. The City desire's a project that has the ability
to provide adaptable mixed use commercial/industrial development on the site. The property is in a prime location
in the "Gateway" triangle entrance to the city center within close proximity to shopping, recreation, entertainment,
and restaurants.
This property must follow the performance standards outlined within the Riverfront Overlay District, and use
restrictions outlined in the Sebastian Boulevard Triangle Overlay District. The redevelopment shall promote and
implement the goals and objectives of the CRA Master Plan to remove blight, increase the tax base, and enhance
the quality of life; promote the waterfront and its history, and improve the aesthetics and enjoyment of the
Sebastian Blvd Mixed -Use District. The City will NOT pay any real estate commissions or provide waivers of
site related fees on this sale.
1.2 PROPERTY INFORMATION
Site Conditions
Special District: Sebastian Community Redevelopment Agency
Future Land Use: Mixed -Use
Current Zoning: Public Service (PS)
Performance Overlav District: Riverfront Overlay District and Sebastian Boulevard Triangle Overlay District
Permitted Uses: CG — Commercial General and IN — Industrial
Height: 35 feet
Parcel Size: +/- 4.42 acres (minus Veterans Memorial Way right of way) — Exhibit A
Infrastructure: All utilities available on site including water, electric, telephone, sewer, and internet. All existing
structures and infrastructure remain on the property, which was vacated as of 2022.
Access: Access available east/west driveways onto County Road 512 and direct access to Veterans Memorial
Way
Facilitv Description:
The subject site is currently owned by the City of Sebastian and was used as a Public Works
office and vehicle/equipment storage facility. The site is situated at the southeast corner
of the Veteran's Memorial Way and Sebastian Boulevard intersection and can be accessed from
either street. The facility is currently closed but was previously utilized for maintenance and repair
of City vehicles. Also, construction materials and vehicular fuel were stored on -site. The facility is
improved with a concrete block office building, a larger concrete block garage building, and a
metal storage building. Two aboveground fuel storage tanks (ASTs) and associated dispenser
pumps were located at the southern portion of the site, just north of the metal storage building. The
site is further improved with asphalt -paved parking and drive areas. The facility historically
operated two (2) underground storage tanks (leaded gasoline and diesel fuel), which were
removed in 1991. The USTs were located north of the office building and are the subject of
cleanup activities. A site map illustrating the current site layout is included in Exhibit B, Figure 1.
Page 5 of 32
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Ma
cMASTWN
=-I RFP #23-11
HOME of PeucnN IslAND PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY
Property Description
The property was originally acquired in 1925 as part of a larger parcel which was divided in 1985. The remainder
consists of the Old Compound parcel #31390600000500000024.0 (+/-4.13 acres) further described as:
7.5 A IN SW1/4, D BK 3, PP 279 LESS E 2885 FT OF S 433 FT THEREOF & LESS N 267.2 5 FT AS
MEASURED ALONG RR R/W AS PER ORBK 708 PP 819
In 2017, the parcel was unified with parcel #31390700000300000006.0 (+/-0.29 acres) further described as:
FR NE COR OF NW1/4, RUN W ALONG N BDRY 300.4 FT TO POB: S 146.55 FT TO CL OF ST RD
512; SWLY 90 FT; NWLY TO PT WHICH IS 113 FT W OF POB: RUN E ALONG N LINE SEC 7 TO
POB, AS OR BK 88 PP 60 LESS RD R/W (OR BK 428 PP 330)
Property SDecifics
i. The property consists of the former City public works compound on approximately 4.42 acres (minus
Veterans Memorial Way right of way). A current survey and lot split will be provided by the City as part
of this agreement in order to subdivide Veterans Memorial Way right of way from the property
purchase.
ii. The property maintains a current zoning of Public Service. The City will pay the application fee for
rezoning of the property to the intended use on behalf of the successful proposer.
iii. The property maintains a Remedial Action Interim Report (RAI) with the Florida Department of
Environmental Protection (FDEP) from a past contamination event from a leaking underground storage
tank. The City shall continue absorbing the cost of monitoring for the site. The City will support the
application to establish a Brownfield Site and participate in the Florida Brownfield Redevelopment
Program as part of the remediation plan.
Exhibits include:
"A" - Property Information
"B" - Remedial Action Interim Report (RAI) 2023
"C" - Florida Brownfield Redevelopment Program
"D" - Sample Purchase Agreement
1.3 DEPOSIT
Proposals must be accompanied by a security deposit of $15,000.00, in the form of a certified or cashier's
check, payable to the City of Sebastian. This deposit will be returned to unsuccessful Proposers. The successful
Proposer shall be required to deposit with the City another $30,000.00, for a total deposit of $45,000.00 (or
more if increased through negotiations) within five 151 business days following City Council approval of the
Purchase Agreement. All deposits by the successful Proposer are non-refundable.
1.4 CITY BACKGROUND
The City of Sebastian was first incorporated as the Town of Sebastian in 1924, and is located at the northern end
of Indian River County, Florida, approximately midway between Melbourne and Vero Beach on the Treasure
Coast. It is recognized as the home of Pelican Island, the first designated wildlife refuge in the United States, and
a Tree City USA.
Sebastian's current population is 25,438; residents include many retirees and families. The total area of Sebastian
is approximately 18.19 square miles with about 1.5 miles of waterfront on the Indian River Lagoon. . The most
current employment estimates indicate that Health Care and Social Assistance, Retail Trade, and
Accommodations and Food Services are the dominant industries within the City and Sebastian CRA.
Page 6 of 32
450 of 562
m.
RFP #23-11
WMEOFPFuc"M15" PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL
WAY
Sebastian has over 20 beautiful parks, public and private elementary schools, middle schools, and a high school
just outside of its limits. With an unobstructed view of the intra-coastal waterway in the Indian River Lagoon
along its dazzling riverfront district, close proximity to Atlantic beaches, a year round average temperature of 73.4
degrees, Sebastian is a welcoming city. Entertainment in Sebastian includes shops and restaurants, many
churches, several City festivals each year, monthly arts and crafts shows, concerts in the park, a municipal golf
course and airport, and a central location with easy access to I-95 and the Florida Turnpike. Sebastian and the rest
of northern Indian River County comprise one of the fastest -growing areas of Florida in the first decade of the
21 st century.
Purpose
The City of Sebastian is requesting proposals from qualified real estate developers/investors/operators for the
purchase and redevelopment of city -owned property located at 100 Veterans Memorial Way, Sebastian, FL 32958
(former Public Works Compound) as a mixed -use commercial/industrial development on a 4.42+/- acre site,
minus Veterans Memorial Way right of way. The site is located in the Sebastian CRA and lies within the
Riverfront Performance Overlay and Sebastian Boulevard Triangle Overlay districts. The purpose of this
solicitation is to offer the property for sale and re -development while at the same time promoting the goals and
objectives for the implementation of the CRA plan to remove conditions of blight, increase the tax base, and
enhance the quality of life. The City would desire a project that has the ability to provide adaptable mixed use
development on the site. Visit the City of Sebastian webpage for information regarding the goals and objectives of
the CRA Master Plan and applicable zoning criteria (www.cityofsebastian.org).
Proi ect Descrintion and Available Information
The Sebastian Boulevard Triangle is envisioned as a mixed -use district that will extend the town center outward
from its traditional riverfront district into the developed business district along Sebastian Boulevard/County Road
512. As a gateway into the City of Sebastian riverfront district, the triangle area development is encouraged to
have an attractive, well maintained, orderly and uncluttered appearance which will be characterized by impressive
vegetation and landscaping; complementary buildings and signs with enhanced designs and aesthetic appearances;
and a safe transportation system that accommodates mass transit, pedestrians, bicycles, and other transportation
alternatives, as well as automobiles.
The site is an important gateway property and the intention of the Sebastian CRA is to consider certain
development that best captures the architectural appeal of the city as an "Old Florida Fishing Village" as well as
develop the property into a vibrant, active, and dynamic keystone site that will further the CRA's goals and
objectives. The development of a mixed use property is expected to serve as a catalyst for redevelopment.
Proposals should consider incorporating in the project, to the maximum extent feasible, the City's planning
objectives and principals including:
• Enhance and connect open space
• Livable approach to streets and uses
• Enhance the CRA Sebastian Blvd Mixed -Use District
The following attachments can be found at
httvs://weblink.eitvofsebastian.ors-,i WebLink/Browse.asox?id=236137&dbid=0&repo=City:
• City of Sebastian's Community Redevelopment Master Plan
• City Comprehensive Plan 2040
• Sebastian Boulevard Triangle Overlay District
• Riverfront Overlay District Regulations
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SEBASTIAN
RFP #23-11
HOME Of PELICAN ISLAND PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY
RAI
Historically, this site has one documented release. On April 23, 1991, a Discharge Reporting Form (DRF) was
submitted to FDEP following soil impacts noted during the 1991 removal of the 300-gallon diesel and 5,000-
gallon leaded gasoline tank, which were previously installed October 1, 1984. A closure assessment report dated
June 4, 1991, documented the removal of 770 cubic yards of soil based on field OVA data. Following the tank
removal, a Contamination Assessment Report (CAR) was completed in May 1992, which included installing
seventeen soil borings, slug testing, and installation and sampling of 4 shallow wells and one deep well. A RAP
was submitted for the site October 5, 1993, proposing a pump and treat system. In October of 1994 a 10,000
gallon unleaded Aboveground Storage Tank (AST) and a 1,000 gallon diesel AST were installed. The pump and
treat system, was installed in 1995 and ran for several months until the system was turned off due to lack of
funding. Wells installed prior to 2006 had been destroyed or abandoned over the years thus in May of 2006, six
shallow monitoring wells, one deep well, and 7 soil borings were installed as part of a Limited Contamination
Assessment Report (LCAR). hi 2018 groundwater sampling was completed and Natural Attenuation Monitoring
(NAM) was proposed. Recent work includes additional assessment in preparation for a RAP. Contaminant levels
appear consistent between June 2022 and January 2023; the recommendations include preparing a Pilot Test. The
RAI provides updated groundwater data. One well was installed downgradient of the source to further delineate
impacted groundwater. Levels have been generally consistent and require remediation. The full Remedial Action
Interim Report (RAI) for the above referenced facility is available by request. Exhibit B includes a summary
report and Figure 1 for reference.
The Florida Department of Environmental Protection Brownfields Program offers a lot of incentives through their
program such as voluntary cleanup tax credits (which can be used to repay loan), liability protections, and a
Targeted Brownfields Assessment program that provides funding and assistance for assessment and cleanup
activities. Exhibit C includes information about the Brownfield Redevelopment Program. The City will continue
the monitoring and assessment for the site however the City would consider issuing a resolution entering into a
Brownfields Site Rehabilitation Agreement with the successful Proposer.
Proposal Process
The CRA and the CITY are seeking an experienced and well financed developer that is capable of developing the
Property. The Proposer must first submit a proposal meeting the requirements of this RFP including submitting
detailed elevation drawings or other photos/illustrations and conceptual site development plan. If the developer is
seeking waivers for development, they must specifically outline each request as a part of their proposal.
Proposals will then be evaluated and ranked by the CRA Board. The top ranked proposer will then be invited to
negotiate the terms and conditions of a written project agreement with the CITY. The selection of the top ranked
proposer does not in any way form a contract with the CITY. Rather, it is simply an invitation to commence
negotiations with the CITY to draft a mutually agreeable project agreement which shall be subject to
consideration and final approval by the CITY COUNCIL. No guarantees or representations whatsoever are given
by the CITY that the selected proposer will be able to successfully negotiate a written project agreement with the
CITY COUNCIL, and neither is the CITY obligated or required to provide an executable project agreement. If
selected and invited to negotiate a project agreement, the negotiation period shall not exceed three (3) months and
can be terminated at any time by the CITY COUNCIL. Upon expiration or termination of the negotiations, the
CITY COUNCIL may choose to negotiate with any other proposer or terminate the RFP at the CITY
COUNCIL'S sole and absolute discretion. A contract is formed with the CITY only at such time the CITY
COUNCIL and selected proposer approve and execute the written project agreement. Otherwise, the selected
proposer, regardless of the fact that a proposal was submitted and the parties negotiated, has no rights whatsoever
to acquire the subject property and/or construct a project on the property. Additionally, the selected proposers
must be able to commit to begin construction of the mixed -use development within eighteen (18) months from the
date that the site plan is approved by the CITY.
The project agreement is expected to address the agreed upon terms and conditions of the project including, but
not limited to, the proposed conceptual site development plan, building elevations, covenants, conditions, and
restrictions, including covenants running with the land, as the CITY deems necessary or desirable to assist in
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preventing the development or spread of future slums or blighted areas or to otherwise carry out the purposes of
this RFP which are to construct a mixed -use development, and such other design, permitting, financial,
development schedules, and construction terms and conditions deemed necessary by the CITY.
The CITY COUNCIL may accept such proposal and negotiate a written agreement as it deems to be in the public
interest and in furtherance of the purposes of the CRA's Redevelopment Plan. The Project Agreement, if
successfully negotiated, shall be subject to such covenants, conditions, and restrictions, including covenants
running with the land, as the CITY COUNCIL deems necessary or desirable to assist in preventing the
development or spread of future slums or blighted areas or to otherwise carry out the purposes of this RFP.
Further, the CRA lacks authority to grant variances, waivers, or other land use approvals in the City of Sebastian,
which is exclusively within the jurisdiction of the Sebastian CITY COUNCIL. Accordingly, proposers should
anticipate that it will be required to negotiate a separate development agreement with the City of Sebastian to
approve conceptual development plans and address other matters for which the CITY COUNCIL retains
exclusive authority, such as vacation of rights -of -ways. Again, no guarantees or representations whatsoever are
given by the City of Sebastian that the selected proposer will be able to successfully negotiate a written
development agreement with the Sebastian CITY COUNCIL, and neither is the City of Sebastian obligated or
required to provide an executable development agreement.
1.5 MINIMUM REOUIREMENTS
Each firm must satisfy the minimum requirements listed below to be considered. Firms that do not meet the
minimum requirements as determined by the City, at its sole discretion, will be deemed non -responsive and
not considered for award. All decisions made by the City are final. All Proposers must demonstrate the
following:
1. Proposer, or at least one of its General Partners, must be operating as the same business entity for a minimum of
five (5) years; and
2. Proven experience of successfully developing properties continuously for a minimum of five (5) years; and
3. Financial ability to provide the proposed redevelopment; and
4. No tax delinquency as an individual or member of a Corporation or Partnership; and
5. No unabated code violations for other properties within the City of Sebastian; and
6. No creation of a non -conforming use.
SECTION 2 — PURCHASE AGREEMENT DETAILS
Upon the City Council's acceptance of a proposal, the successful Proposer shall enter into a Purchase Agreement for the
purchase of the property. A sample Purchase Agreement is included as Exhibit "C".
The Agreement will be subject to the following terms:
1) A Special Warranty Deed shall be prepared at the City's expense which states the City is conveying the Property in
"as is" condition. A Title Commitment and/or Insurance shall be procured by the successful bidder, and obtained by
said bidder within thirty (30) days after the effective contract date. Purchaser shall pay the cost thereof as well as the
cost of any update. Purchaser shall have fifteen ( 15) days from the date of receiving said commitment of title to
examine same. Failure of bidder to timely obtain title information shall not extend the time for closing. If title is found
to be defective due to conditions or restrictions other than those set forth herein, Purchaser shall, within said period,
notifv the Citv Attornev in writing, specifying the defects. If the said defects, other than those set forth herein, and
that the title was obtained by or through a tax deed, render the title unmarketable, the City shall have one hundred
twenty (120) days from receipt of such notice to cure the defects, and if after said period the City shall not have
cured the defects, Purchaser shall have the option of (1) accepting the title as it then is, or (2) demanding a refund of
all monies paid hereunder which shall forthwith be returned to Purchaser, and thereupon the Purchaser and the City
shall be relieved of all further obligations.
2) An updated survey of the property, if desired, shall be obtained and paid for by the Purchaser.
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3) State documentary stamps on the deed shall be paid by the Purchaser.
4) Certified, confirmed and ratified special assessment liens shall be paid by the City at the time of closing. The City
represents that there are no pending liens at this time affecting the property which have been made by the City and to
the best of its knowledge, there are no other pending liens affecting the property. However, if at the time of closing
there shall be new or future pending liens, Purchaser shall assume the same.
5) The Purchaser shall pay the cost of recording the deed.
6) The Purchaser shall pay the cost of his/her, or its own attorneys and any title commitment and/or insurance.
7) The deposits will be in good faith and will be deducted from the amount proposed to purchase property to determine
balance due at closing. Ten (10) business days following City Council approval of the negotiated Purchase
Agreement, selected Purchasers deposits are non-refundable.
8) Closine shall be done by a Closinu Aaent, paid by the Purchaser. and take place within ninety (90) days from the date
of the Agreement, in the office of the City Attorney or Closing Agent's Office. The time for closing shall be extended
as may be deemed necessary by the City. Should closing not occur within the time frame or any extensions granted,
the City has the right but not the obligation to terminate any and all agreements and retain the property or rebid the
property.
9) The successful Proposer if financing must obtain financing within fifteen (15) days following City Council approval
of the negotiated Purchase Agreement, and evidence shall be provided to the City that financing has been obtained. If
evidence is not provided within the fifteen (15) day time period, the City has the right to either provide an additional
ten (10) working days extension, or terminate the process and move to the next preferred applicant.
10) It is understood and agreed that the terms of the RFP documents, proposal submission with proposed use and
Purchase Agreement survives after Closing. The Purchase Agreement shall survive the conveyance of title,
particularly with respect to any act or event which may take place after such conveyance and which affects the rights
of the parties hereto.
11) The City has not employed any Real Estate Brokers in connection with the sale of the property being offered herein,
nor is it in any way liable or responsible for any real estate brokerage or other similar commission claimed as the
result of any sale made of the property herein offered.
SECTION 3 — PROPOSAL FORMAT & REQUIREMENTS
The Proposal shall be limited to no more than twenty_ (20) naaes (NOT including the required forms listed in Section 3.9.)
Any responses exceeding twenty (20) pages, NOT including the required forms, will be considered non -responsive and
not considered for award. You are expected to use Tabs dividing each section (tabs will not be included/counted in the
twenty (20) pages).
3.1 COVER LETTER
Proposer shall submit a letter of interest signed by an authorized representative that can contractually obligate
and bind the firm. The Proposer or authorized representative is attesting that the information provided is current
and factual.
The letter shall include:
• Date
• Proposers Information (history, length of existence & business structure)
• Representatives Contact Information (telephone number and email address)
• Proposer's federal taxpayer identification number
• Confirmation of Proposer meeting ALL minimum requirements listed above in Section 1.5,
• Type of ownership, if applicable (small business, small disadvantaged business or women -owned business)
• A detailed description of the nature and status of any pending or completed litigation claims made, contract
disputes, alleged defaults and liens arising in connection with the performance of any services by your
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company or by current or former members of your firm, within the last three years. If proposer intends to
utilize subcontractors or sub -consultants, provide similar information for the subcontractors/sub-consultants.
3.2 TABLE OF CONTENTS
Include a clear identification of the materials included in the Proposal by numbering them and providing the
proper page number.
QUALIFICATIONS (TAB 1)
3.3 PROPOSER QUALIFICATIONS
• A detailed summary of the developer's experience in the acquisition and development of CWR or mixed -use
development.
• A brief description of at least three (3) most comparable projects that has been successfully developed.
Provide the name, address, photographs, and references.
NOTE: The use of past project photos, renderings and graphics are highly encouraged.
3.4 TEAM QUALIFICATIONS
• Team members and credentials
• Include information for the proposed Master Planner, Architect, or Contractor for the project
• Provide up to two comparable projects undertaken, as part of this team or separately by each professional.
(Note which projects the professional consultants and contractors provided the services on behalf of the
Proposer).
• Team credentials include, but are not limited to, specialized qualifications, education and experience. Brief
background outlining relevant work performed within the last five (5) years. Provide the Florida registration
numbers of professional personnel. Resumes shall not exceed one (1) page per person, if applicable.
PROPOSED USE (TAB 2)
3.5 PROPOSED USE OF SITE
• Describe the proposed use of the site.
• Include conceptual plans, elevations, renderings, etc. Anticipated square footage per use, estimated parking
counts, and number of stories in proposed structures, if applicable.
• A conceptual site development plan, drawn to scale, evidencing that the plan will satisfy current zoning
requirements for a "Commercial/Mixed-Use building type, to the extent that a development agreement is
approved, and the planning objectives of the Sebastian CRA Master Plan, and overlay performance criteria.
• Colored renderings of the site and front, back and side elevations of building (s) and decorative structures
such as hardscape features and entrance signs.
• Describe the organization and future plans of the proposed end users of the site; include information on past
and future business operations of the user. Provide market -based data supporting demand and feasibility as
well as estimated rental rates/sales prices (if applicable).
3.6 PROPOSED COMPLETION TIME
• Describe proposed completion time for this redevelopment, outline time frames for site planning, permitting,
construction, etc.
FINANCIAL REQUIREMENTS (TAB 3)
3.7 FINANCIAL ABILITY
• Provide sufficient evidence of having, or the ability to secure within fifteen (15) days of award, financial
resources to complete the proposed project in a timely fashion and provide long-term financial support to the
project after built.
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Fundine Mechanism. Explain the proposed funding mechanism amount (i.e. how the redevelopment will be
funded) timeframe and terms. The applicant is responsible for all building and other permits and fees which
are associated with the proposed project unless otherwise contractually noted. Prospective bidders may submit
bank documents that support their application.
Reuuested Waivers. A summary of any relief to be proposed from the Land Development Code or the
Riverfront Overlay District for items such as building size, height, coverage, materialfinishes, parking
requirements, or landscaping; or a summary of any relief to be proposed from fees associated with site plan
review of the property.
Proposed Purchase Price. A summary statement of the proposed purchase price for the subject property.
NOTE: This evidence can be shown by the Proposer's audited or compiled financial statements, or signed letters
from banks or equity sources with verifiable funds to complete the project. Such letters must be on bank or equity
source letterhead and include details of the financial entity's experience in working with the Proposer on similar -
sized or larger projects and their willingness to consider funding the proposed project subject to successful
negotiations and due diligence.
3.8 CONFIDENTIAL INFORMATION:
Pursuant to section 119.071, Florida Statutes, any financial statements that the City requires to be submitted may
be exempt from the Public Records Law. Therefore, any submitted financial statements that the Proposer
wishes to remain confidential shall be submitted in a sealed opaque envelope and marked "Confidential
Financial Statement Enclosed." By submission of a response to this RFP the proposer agrees to indemnify and
hold the City harmless should any information marked as confidential knowingly or unknowingly be released as
the result of a public records request.
REOUIRED FORMS (TAB 41
3.9 FORMS
All Forms required by the RFP shall be fully executed by the Proposer and submitted. Refer to Section 6.
SECTION 4 — EVALUATION PROCESS
During the evaluation process and until an award has been made by Citv Council. Proposers are prohibited from
discussing anvthing concerning this RFP with Ciht staff, any member of the Evaluation Committee or City
Council.
4.1 EVALUATION CRITERIA
The City reserves the right to reject any and all proposals, or to accept any proposal or portion thereof
deemed to be in the best interest of the Citv, and to waive any non -substantial irregularities.
The Best Value Evaluation System is a subjective process that reviews all proposals to determine which proposal
provides the best value to the City. The establishment, application and interpretation of the evaluation criteria
below shall be solely within the discretion of the Citv. Weight for each criterion is shown below. Evaluators will
be responsible for giving a score (0-4), see Scale below for point determination.
Scale
0 (0%) — Non -Responsive
1 (25%) — Missing/Lacking/Insufficient Evidence Provided
2 (50%) — Partial/Basic Evidence Provided
3 (75%) — Sufficient/Adequate/Appropriate Evidence Provided
4 (100%) — Exceeds/Outstanding/High Level Evidence Provided
Company & Team Qualifications (10 POINTS) - Years of experience, past projects and credentials will be
considered.
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Proposed Use & Completion Time (10 POINTS) - The site lies within the CWR zoning district, which allows for a
variety of both commercial and residential uses. A specific timeline and schedule must be included, with additional
considerations given for economic and taxable values based on the proposed use.
Financial Ability (.ij POINTS) - Demonstrate the ability to finance, as well as promote the likelihood of future
viability with the proposed site.
Conforms to Master Plan and District Overlays (30 POINTS) - Specific redevelopment shall meet the goals and
objectives found in the CRA Master Plan and the Riverfront Overlay District guidelines.
Purchase Price (35 POINTS)
4.2 REVIEW
4.2.1 All proposals submitted on time will first be reviewed by the Procurement Division to determine
responsiveness to confirm minimum requirements are met.
4.2.2 The CRA Board shall act as the Evaluation Committee and independently review and evaluate all responsive
proposals received based on the criteria above and discuss their evaluation at the initial Evaluation Committee
Meeting. With consensus of the Evaluation Committee, either a recommendation for award will be made to
City Council or a request for the top ranked firms to give oral presentations may be made. The City reserves
the right, at its sole discretion, to waive immaterial irregularities in proposals if in the best interest of the
City. The City reserves the right to determine, at its sole discretion, whether the criterion is satisfactorily
met based on the Scale established in this RFP. The City reserves the right to seek clarification from any
Proposer(s).
4.3 AWARD
The purpose of this RFP is to award one (1) Purchaser, to purchase the referenced property mentioned above in
Section I. L, Scope of Services. It is most common, not guaranteed, that the Proposer(s) who scores the highest
number of points will be recommended to City Council for award. The City reserves the right to accept or reject
any or all proposals deemed as not responsive. The City reserves the right to cancel this RFP and re -solicit or
not re -solicit as determined to be in the City's best interests.
SECTION 5 — GENERAL CONDITIONS
5.1 CONE OF SILENCE
Potential Proposers shall not communicate in any way with City staff, CRA Board or the City Council other than
the primary contact listed herein. This restriction shall be effective from the time of advertisement until an award
is made by the City Council. Such communication may result in disqualification.
5.2 ADDENDA
Addenda may be issued in response to any inquiry received by the Question/Answer deadline date and time
specified herein or to provide revisions, additions, deletions, clarification, etc. Addenda shall become part of and
have precedence over anything shown or described otherwise. If not mentioned in the addenda, all other
documents, specifications, drawings, terms and conditions remain the same. It is the Proposer's responsibility
to ensure receipt of all addenda and acknowledge all addenda issued. Where there appears to be a conflict
between Solicitation and any addenda, the last addendum issued shall prevail.
5.3 CONFIDENTIAL INFORMATION
Pursuant to Section 119.071, Florida Statutes, if there is any of the information contained in a response that a
Proposer feels is "confidential" and exempt from the Public Records Law (i.e. financial statements), the Proposer
must in the response specifically identify the material which is deemed to be exempt and cite the legal authority
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for the exemption, otherwise, the City will treat all materials received as public records. Therefore, any
submitted financial statements that the Proposer wishes to remain confidential shall be submitted in a
sealed opaque envelope and marked "Confidential Financial Statement Enclosed." By submission of a
response to this RFP the proposer agrees to indemnify and hold the City harmless should any information marked
as confidential knowingly or unknowingly be released as the result of a public records request.
5.4 CUESTIONS AND/OR REQUESTS FOR CLARIFICATION
Any questions and/or requests for clarification regarding this Solicitation shall be submitted in writing to the
Procurement/Contracts Manager via email at dwixon(aicityofsebastian.org. Proposers must clearly understand that
the only official answer or position of the City will be the one issued by the Procurement/Contracts Manager via
an Addendum.
The Solicitation number and title shall be referenced on all correspondence, include locating information for each
question in order to ensure that questions asked are responded to correctly. All questions must be received no later
than the time and date specified in the RFP. All responses to questions/clarifications will be published in the form
of an Addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER DEADLINE
STATED HEREIN. Addendum(s) will be made available on the City's website, DemandStar.com and
VendorLink.com and it is the Proposer's sole responsibility to assure receipt of all (if any) Addenda.
5.5 PROPOSALS NOT CONSIDERED
Proposals not considered are late submissions, telegraphed, emailed or faxed proposals and proposals which do
not conform to the instructions contained in the Request for Proposals. However, Proposals may be withdrawn by
fax or email, provided that such notices are received prior to the Solicitation Opening date and time and
confirmed by a telephone call.
5.6 LATE PROPOSALS
Late Proposals will not be opened. Proposers have the option of picking up or paying for the mailed return of
the unopened Proposal. If this option is not exercised within five (5) days of the solicitation due date, the late
unopened Proposal will be disposed.
5.7 PROPOSAL GUARANTEE
The Proposer warrants that the unit prices, terms, and conditions quoted in the proposal will be firm for
acceptance for a period of not less than one -hundred twentv (120) days from the solicitation opening date. Such
unit prices, terms and conditions will remain firm for the contract period.
5.8 SEALED PROPOSALS
Proposals shall be enclosed in a sealed envelope which shall show (lower left corner) the Proposer's name and
address, RFP number and title, along with the solicitation due date and time. The Proposal shall be submitted no
later than the solicitation due date and time mentioned on the Request for Proposal. The City may choose
whether to open any proposals that are not clearly marked at the City's sole discretion and will not be held
responsible for not opening any Proposals that are not clearly marked. Proposals shall be handwritten or
typed with (black or blue) ink. Any erasures or corrections must be initialed by the Proposer in blue ink.
Handwritten submissions must be le+zible. Proposals shall be submitted to Cit►' Hall. 1225 Main Street
Sebastian, FL 32958. Proposals that are submitted to other locations or delivered to the wrone location
mar• not be considered. It shall be the sole responsibility of the proposer to ensure their proposal is at the
proper location and at the time specified in the laroposal documents.
5.9 RFP OPENING
Proposers are welcome to attend the solicitation opening; however, attendance is not mandatory. Proposals shall
be opened and publicly announced on the date, time and location specified on the Request for Proposal, unless
otherwise stated in the form of an addendum. Proposals received will be posted within thirtv (30) business days to
DemandStar.com, Vendorlink.com and the City's website.
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5.10 PROPOSAL EXAMINATION
In accordance with Chapter 119, Florida Statutes, solicitation files will be made available for public inspection at
the time the City posts notice of its decision or intended decision concerning contract awards, or thirty (30) days
after the solicitation opening, whichever is earlier. Solicitation files may be examined during normal working
hours, by appointment only, by contacting the City Clerk's office at 772-589-5330.
5.11 INDEMNIFICATION/HOLD HARMLESS
The CONTRACTOR shall indemnify, defend and hold harmless the CITY, and its officers and employees, from
all claims, demands, liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys'
fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the
CONTRACTOR and other persons employed or utilized by the CONTRACTOR in the performance of the
agreement; regardless of the negligence of the indemnitee or its officers, directors, agents, or employees.
However, such indemnification shall not include claims of, or damages resulting from, gross negligence, or
willful, wanton or intentional misconduct of the indemnitee or its officers, directors, agents or employees. Upon
request of the CITY, the CONTRACTOR shall, at no cost or expense to the CITY, indemnify and hold the CITY
harmless of any suit asserting a claim for any loss, damage or liability specified above, and CONTRACTOR shall
pay any cost and reasonable attorneys' fees that may be incurred by the CITY in connection with any such claim
or suit or in enforcing the indemnity granted above. Nothing in this agreement shall be construed as the CITY
waiving its sovereign immunity pursuant to 768.28, et seq., Florida Statutes, or any other sovereign or
governmental immunity. This provision shall survive the termination of this bid.
5.12 REJECTION OF PROPOSALS
The City reserves the right to reject any and all Proposals, to waive any and all informalities not involving price,
time, or changes in the work, and to negotiate contract terms and conditions with the top ranked Proposer IAW
F.S. 287.055(5), and the right to disregard all non -conforming, non -responsive, imbalanced, or conditional
Proposals. More than one Proposal from an individual, firm or association under same or different names, will not
be considered. Any or all Proposals will be rejected if there is reason to believe that collusion exists among the
Proposers, and no participants in such collusion will be considered in future Proposals for the same work.
5.13 CORRECTIONS. CANCELLATION, & WITHDRAWAL
Proposers may be asked to provide further information after the solicitation opening to determine the
responsibility of the vendor.
5.13.1. Waiver of Technicality: Information shall not be considered after the bid opening if it has been
specifically requested to be provided with the Proposal as this becomes a matter of responsiveness. The
Proposal shall be considered responsive if it substantially conforms to the requirements of the RFP. The
City may waive any informality, technicality, or irregularity on any bid. A minor or non -substantive
lack of conformity may be considered a technicality or irregularity which may be waived by the City.
5.13.2. Mathematical Errors: Errors in extension of unit prices or in mathematical calculations may be
corrected. In cases of errors in mathematical computations, the unit prices shall not be changed.
5.13.3. Cancellation or Postponement: The City may cancel or postpose the solicitation opening or cancel the
RFP in its entirety prior to award.
5.13.4. Withdrawal: Prior to any published bid opening date and time, a Proposer may withdraw his or her
Proposal in writing. A fax or email is permitted for this purpose, provided it is confirmed by a
telephone call.
5.13.5. Amendments: Prior to the published Solicitation Opening date and time, a Proposer may amend the
Proposal provided that it is in writing, in a sealed envelope, and identified.
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5.14 EXCEPTIONS TO SPECIFICATIONS
Request for exceptions to the specifications shall be listed in the proposal and shall reference the section. Any
exceptions to the General or Special Conditions may be cause for the proposal to be considered non -responsive.
5.15 SUBCONTRACTORS AND EMPLOYEES
The Proposer is required to identify any and all Sub -consultants and/or suppliers and/or material men that will be
used in the performance of the proposed Agreement and to clearly identify in their Proposal the percentages of
Work to be performed by their Sub -consultants.
5.16 RFP AWARD
The contract/agreement will be awarded to the most responsive and responsible Proposer(s) whose proposal,
conforming to the specifications and terms the City considers is most advantageous. The Procurement/Contracts
Manager shall issue a Notice of Award to the successful Proposer and post the results on the City's website and
DemandStar.
5.17 WAIVER OF IRREGULARITIES
The City may waive minor informalities or irregularities in Proposals received where such is merely a matter of
form and not substance, and the correction or waiver of which is not prejudicial to other Proposers. Minor
irregularities are defined as those that will not have an adverse effect on the City's interest and will not affect the
price or terms of the Proposal by giving a Proposer an advantage or benefit not enjoyed by other Proposers.
5.17.1. In no event will any such elections by the City be deemed to be a waiving of the required criteria for the
requested services.
5.17.2. The Proposers who are selected for the Project will be required to fully comply with the Project criteria,
regardless that the Solicitation may have been based on a variation.
5.17.3. Proposers shall identify separately all innovative aspects as such in the technical Solicitation. Innovation
should be limited to Proposers means and methods, approach to Project, use of new products, and new
uses for established products.
5.18 COUNCIL MEETING
The awarded Proposer must be available to attend City Council meetings, when required. The awarded Proposer
must be prepared to answer any questions and/or provide a presentation if requested by City Council and/or
authorized by City representative(s). The date and time of the City Council meeting will be publicly noticed.
5.19 SALES TAX
Although the City of Sebastian is exempt from Federal and State Sales and Use taxes, Contractors or Vendors
doing business with the City are not exempted from paying said taxes to their supplier for goods or services
purchased to fulfill the contractual obligations with the City, nor shall any Contractor or Vendor be authorized to
use the City's Tax Exemption Number in securing such materials.
5.20 TERMINATION FOR CAUSE OR CONVENIENCE -
The agreement resulting from this RFP can be terminated immediately for cause if Contractor is found to have
failed to perform services in a manner satisfactory to the City; or for convenience upon thirty (30) days' written
notice to the Proposer. In the event of either termination, the Proposer shall be compensated for all services
performed to the City's satisfaction. The City shall be sole judge of non-performance.
5.21 DISCRIMINATION
The Proposer shall not practice or condone personnel or supplier discrimination of any nature
whatsoever, in any manner proscribed by Federal or State of Florida laws and regulations. The City of
Sebastian will not knowingly do business with vendors, proposers, or contractors who discriminate on
those protected by state and federal law. Through the course of providing services to the City,
Proposers/Contractors shall affirmatively comply with all applicable provisions of Title VI of the Civil
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Rights Act of 1964, the Civil Rights Restoration Act of 1987 and the Florida Civil Rights Act of 1992,
as well as all other applicable regulations, guidelines and standards. Any person who believes their
rights have been violated should report such discrimination to the City.
5.22 PUBLIC RECORDS
Section 119.01 Florida Statutes, The Public Records Law, provides that municipal records shall at all times be
open for personal inspection by any person. Information and materials received by the City in connection with all
Proposers' responses shall be deemed to be public record subject to public inspection and copying at the time the
City posts notice of its decision or intended decision concerning contract awards, or thirty (30) days after the
solicitation opening, whichever is earlier.
IF THE PROPOSER/CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS CONTRACT, CONTACT JEANETTE WILLIAMS, THE CITY
CLERK AND CUSTODIAN OF PUBLIC RECORDS AT 772-388-8215 / EMAIL
iwilliams(u eitvofsebastian.orp. CITY OF SEBASTAIN, 1225 MAIN STREET, SEBASTIAN, FLORIDA
32958.
5.23 PUBLIC MEETING EXEMPTIONS
In accordance with Fla. Stat. §286.0113, any portion of a meeting in which (1) negotiations with a vendor is
conducted as part of the "competitive negotiation" process AND/OR (2) a vendor makes an oral presentation or
answers questions as part of the "competitive solicitation" process, are exempt from public meeting requirements
The City will post notice of its decision or intended decision concerning contract awards, or thirty (30) days after
the solicitation opening, whichever is earlier. Any portion of a committee meeting at which negotiation strategies
are discussed is exempt.
A complete record shall be made of any portion of an exempt meeting; no portion may be held off the record. The
recording of and any records presented at the exempt meeting are exempt from Fla. Stat. § 119.071 until such time
as the City posts notice of its decision or intended decision concerning contract awards, or thirty (30) days after
the solicitation opening, whichever is earlier, at which point the complete record becomes public and subject to
Section 119.01 Florida Statute, The Public Records Law.
5.24 PROTEST PROCEDURE
Any Bidder/Proposer who is aggrieved in connection with a competitive selection process may protest to the
Procurement/Contracts Manager. The protest shall be submitted in writing within three (31 calendar days after the
Bidder/Proposer knows or should have known of the facts giving rise to the protest. Failure of the Proposer to file
a timely formal written Protest within the specified time period shall constitute a waiver by the Proposer of all
rights to Protest. The formal written Protest must provide documentation which shall specify in detail the nature
of the grievance and the grounds upon which any relief, modification or change is based. If the protest is not
resolved by mutual agreement or if the protestor disagrees with the decision of the Procurement/Contracts
Manager, the protestor may appeal the decision to the City Manager and/or City Council, within seven (7)
calendar days of initial decision.
Stav of Procurement — In the event of a timely and properly filed protest, the Procurement/Contracts Manager
shall not proceed further with the solicitation or award until all administrative remedies have been exhausted, or
until the City Manager or City Council, as appropriate, makes a determination on the record that the award of a
contract is necessary to protect substantial interests of the City.
SECTIONS BELOW REFERENCED ON FORM F - NOTIFICATIONS AFFIDAVIT
5.25 CONFLICT OF INTEREST
The resulting agreement is subject to the provisions of Chapter 112, Florida Statutes. All
Proposers/Contractors/Consultants must disclose within their bid/proposal to the City of Sebastian the name of
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any officer, director, or agent who is also an employee of the City of Sebastian (hereinafter the "City").
Furthermore, all Proposers/Contractors/Consultants must disclose the name of any City employee who owns,
directly or indirectly, an interest of more than five percent (5%) in the firm of any of its branches. Please submit
to the City all information on any potential conflict of interest related to provision of the goods or services
requested in this Solicitation.
The purpose of this disclosure is to give the City the information needed to identify potential conflicts of interest
for evaluation by the team members and other key personnel involved in the award of this contract. The term
"conflict of interest" refers to situations in which financial or other personal consideration may adversely affect,
or have the appearance of adversely affecting, an employee's professional judgment in exercising any City duty or
responsibility in administration, management, instruction, research, or other professional activities.
5.26 NO LOBBYING
All Proposers/Contractors/Consultants or and its officers, partners, owners, agents, representatives, employees or
parties in interest are hereby placed on notice that any communication, whether written or oral, with City of
Sebastian elected officials or any other staff or outside individuals working with the City in respect to this request
(with exception of the Procurement Division personnel designated to receive requests for interpretation or
corrections) is prohibited. These persons shall not be lobbied, either individually or collectively, regarding any
request for bid, proposals, qualifications and/or any other solicitations released by the City of Sebastian. To do so
is grounds for immediate disqualification from the selection process. The selection process is not considered
final until such time as the CRA Board and City Council have made a final and conclusive determination.
5.27 NO COLLUSION
Proposer/Contractor/Consultant and its officers, partners, owners, agents, representatives, employees or parties in
interest, swears and attests that it is fully informed respecting the preparation and contents of the attached
Solicitation, and of all pertinent circumstances respecting the provision of the goods or services to the City of
Sebastian. The Proposal, offer or submittal being made is genuine and is not collusive or a sham.
By submitting a response to this RFP, Proposer certifies that all information contained in the submittal is
truthful to the best of their knowledge and belief. Proposer further certifies, under oath, that this submittal
is made without any colluded, conspired, connived or agreed, directly or indirectly, with any other firm,
person or corporation responding to this solicitation for the same product or service.
5.28 IMMIGRATION LAWS
The City will not intentionally award City contracts to any Firm who knowingly employs unauthorized alien
workers, constituting a violation of the employment provisions contained in an 8 U.S.C. Section 1324 a(e)
(Section 274A (e) of the Immigration and Nationality Act ("INA"). Refer to E-Verify Acknowledgment in
solicitation documents.
5.29 DRUG -FREE WORKPLACE
In accordance with Florida Statute Section 287.087, Proposer/Contractor/Consultant certifies that the following:
(1) A written statement is published notifying that the unlawful manufacture, distribution, dispensing, possession
or use of a controlled substance is prohibited in the workplace named above and specifying actions that will
be taken against violations of such prohibition.
(2) Employees are informed about the dangers of drug abuse in the work place, the firm's policy of maintaining a
drug free working environment, and available drug counseling, rehabilitation, and employee assistance
programs, and the penalties that may be imposed upon employees for drug use violations.
(3) Employees are notified that as a condition of working on the commodities or contractual and will notify the
employer of any conviction of, plea of guilty or nolo contendere to, any violation of Chapter 1893, or of any
controlled substance law of the State of Florida or the United States, for a violation occurring in the work
place, no later than five (5) days after such conviction, and requires employees to sign copies of such written
(*) statement to acknowledge their receipt.
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(4) Requires 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.
(5) Makes a good faith effort to continue to maintain a drug free work place through the Implementation of the
drug free workplace program.
(6) Gives each employee engaged in providing commodities or contractual services that are under bid or
proposal, a copy of the statement specified above.
5.30 PUBLIC ENTITY CRIMES
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.
"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.
"Affiliate" as defined in Paragraph 287.133(1)(a), Florida Statutes, means:
(1) A predecessor or successor of a person or a corporation 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, or
(3) Those officers, directors, executives, partners, shareholders, employees, members, and agents who are active
in the management of an affiliate, or
(4) A person or corporation who knowingly entered into a joint venture with a person who has been convicted of a
public entity crime in Florida during the preceding 36 months.
Proposer certifies that neither the entity submitting, nor any of its officers, directors, executives, partners,
shareholders, employees, members or agents who are active in management of the entity, nor any affiliate
of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989.
Where the Proposer is unable to certify to all of the statement above, Proposer shall attach an explanation to this
submittal.
5.31 DEBARMENT AND SUSPENSION
Proposer certifies to the best of its knowledge and belief that it and its nrincinals:
a. Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
b. Have not within a three-year period preceding this application been convicted of had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State, or Local) transaction or contract under a
public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen
property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this
certification; and
d. Have not within a three-year period preceding this application had one or more public transactions
(Federal, State or local) terminated for cause or default.
e. Proposer must submit their Company Profile Page from SAM with their proposal.
f. City of Sebastian will not make an award to parties listed on the government -wide exclusions in the
Svstem for Award Mana,.�ement (SAM).
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Where the Proposer is unable to certify to all of the statements above, Proposer shall attach an explanation to this
submittal.
5.32 SCRUTINIZED VENDOR
Proposer certifies under nenalties of miiur_v. as of the date of this solicitation to provide eoods and/or services to
the Citv of Sebastian, that it:
(1) Does not participate in a boycott of Israel; and
(2) Is not on the Scrutinized Companies that Boycott Israel List; and
(3) Is not on the Scrutinized Companies with Activities in Sudan List; and
(4) Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and
(5) Has not engaged in business operations in Cuba or Syria.
Submitting a false certification shall be deemed a material breach of contract. The City of Sebastian shall provide
notice, in writing, to the Contractor of the City's determination concerning the false certification. The Contractor
shall have ninety (90) days following the receipt of the notice to respond in writing and demonstrate that the
determination of false certification was made in error. If the Contractor does not demonstrate that the City's
determination of false certification was made in error then the City shall have the right to terminate the contract
and seek civil remedies pursuant to Florida Statute § 287.135.
Section 287.135, Florida Statutes, generally prohibits state agencies and departments, and local government
entities from: 1) Contracting with companies for goods or services in any amount if at the time of bidding on,
submitting a proposal for, or entering into or renewing a contract if the company is on the Scrutinized Companies
that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of
Israel; and 2) Contracting with companies, for goods or services over $1,000,000.00 that are on either the
Scrutinized Companies with Activities in Sudan List, or the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statute, or have been engaged in
business operations in Cuba or Syria.
SECTION 6 — REQUIRED FORMS
PROPOSAL CHECKLIST
Please use the following checklist as a reference to confirm all requirements are met in your RFP Proposal.
The bid shall be limited to no more than twenty (20) pages (NOT including required forms). Anv resvonses exceeding
twenty (20) pages, NOT including the required forms, will be considered non -responsive and not considered for award.
You are expected to use Tabs dividing each section (tabs will not be included/counted in the twenty (20) pages).
Cover Letter (Refer to Section 3.1)
Table of Contents (Refer to Section 3.2)
TAB 1 - QUALIFICATIONS
Company Qualifications (Refer to Section 3.3)
iTeam Qualifications (Refer to Section 3.4)
TAB 2 - PROPOSED USE
Proposed Use of Site (Refer to Section 3.5)
Proposed Completion Time (Refer to Section 3.6)
TAB 3 - FINANCIAL REQUIREMENTS
Financial Ability (Refer to Section 3.7)
TAB 4 - REQUIRED FORMS (Refer to Section 6)
1 Contact Information Sheet — FORM A
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Addenda Acknowledgment — FORM B
Proposed Purchase Price - FORM C
Proposer's Disclosure — FORM D
E-Verify Acknowledgement — FORM E
Notifications Affidavit — FORM F
Minority, Women and Disabled -Owned Business Concern Representation — FORM G
Please be advised that this checklist should not be interpreted as a comprehensive list of all information required by
this Solicitation from prospective Bidders. It simply serves as a reference or guide for the most significant documents to
be included in the bid and should be enhanced as deemed necessary. It is solely the Bidder's responsibility to read and
understand all requirements and adhere to all issued Addenda.
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MAILING LABEL
Proposer must submit proposal in a sealed envelope/box/container:
One (1) original proposal, including the deposit is required.
Eight (8) copies of the proposal are required.
One (1) USB with an electronic version is required.
Cut along the outer border and affix this label to the sealed envelope/box/container to identify the submission as a
Sealed Proposal.
SEALED RFP • DO NOT OPEN
SOLICITATION RFP 23-11
#:
SOLICITATION Sale of City -Owned Property "100 Veterans
TITLE: Memorial Way" (Former Public Works
DUE Friday, July 21, 2023 C 2:00 PM EST
DATE/TIME:
SUBMITTED
BY:
Proposer's Name
Proposer's Address
Proposer's Address
City of Sebastian
TTN: Procurement Division
DELIVER TO: 1225 Main Street
Sebastian, Florida 32958
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Pdr
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Prouosals due by 2:00 PM EST on
FORM
A
RFP #23-11
PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY
CONTACT INFORMATION SHEET
Friday, July 21, 2023
.411 physical, in person submissions must be delivered
or mailed to:
City of Sebastian
ATTN: Procurement Division
1225 Main Street
Sebastian, Florida 32958
SOLICITATION RELEASE
NO.: DATE:
RFP 23-11 05/14/2023
SOLICITATION TITLE:
CONTACT:
Don Wixon
Procurement/Contracts
Manager
(772)388-8231
Check Addenda for revised due dates before Sale of City -Owned Property "100 Veterans Memorial Way"
submitting your Bid. Late Bids will not be (Former Public Works Compound)
accepted.
Firm's Name and "Doing Business As", if applicable: Federal Tax Identification
Number:
Address:
City: State: Zip Code:
Telephone No: + Fax No:
E-Mail Address of Authorized Representative:
MINIMUM REQUIREMENTS
Firms that do not meet the minimum requirements as determined by the City, at its sole discretion, will be
deemed non -responsive and not considered for award (refer to page 6, Section 1.5). By placing a checkmark
next to each requirement, Proposer is confirming the requirement is met.
❑ Proposer, or at least one of its General Partners, must be operating as the same business entity for a minimum
of five (5) years; and
❑ Proven experience of successfully developing properties continuously for a minimum of five (5) years; and
Financial ability to provide the proposed redevelopment; and
❑ No tax delinquency as an individual or member of a Corporation or Partnership; and
BID/PROPOSAL CERTIFICATION
I certify that I have carefully examined the RFP document and associated documents, including Addenda,
accompanying or made a part of this solicitation. I further certify that all information contained in this proposal
is truthful to the best of my knowledge and belief and that I am duly authorized to submit this proposal on
behalf of the company named above and that the company is ready, willing, and able to perform if awarded.
Printed Name
Title
The City reserves the right to reject any and all proposals, or to accept any proposal or portion thereof deemed
to be in the best interest of the City, and to waive any non -substantial irregularities.
Failure to fully comvlete and submit this Information Sheet may result in reiection of the submittal.
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FORM
1 B 1 RFP #23-11
PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY
ADDENDA ACKNOWLEDGEMENT
Proposer's Name:
Proposer shall indicate below all Addenda received. Acknowledgement confirms receipt and understanding of issued Addenda.
Proposer understands that failure to acknowledge any addenda issued may cause their proposal to be considered non-
responsive. To confirm the number of addenda (if any), Proposer may contact the Procurement Division at (772) 388-8231.
ADDENDDUM # DATE
RECEIVED
1
2
3
4
5
6
7
8
9
10
No Addenda was received in connection with this solicitation.
Signature: Title:
Print Name: Date:
Failure to fulls complete, siun and submit this Form may result in reiection of the submittal
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CRYIf� FORM
C RFP #23-11
HOME OF PELICAN ISLAND PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY
PROPOSED PURCHASE PRICE FORM
herein called the Buyer(s), hereby offer(s) and agree(s) to purchase
from the City of Sebastian, a Municipal Corporation, hereinafter called the City, at the price subject to the terms,
conditions, reservations, restrictions, and covenants herein stated, (see attached(s)), and easements, encumbrances and
other matters of record, and to all zoning, building or other Laws or Ordinances, the following described property.
In order to constitute an acceptable offer to purchase, all information requested below must be provided. The form must
be submitted with proposal.
Proposer's Name:
Proposer's Address:
City, State, Zip:
Phone Number:
Email Address:
Insert in the "Proposed Purchase Price" column, the total amount you agree to pay for the property. Entries must be typed
or clearly printed in ink. Use of erasable ink is not permitted. Strikeovers, changes, and corrections by the Proposer must
be initialed. Questionable entries will be rejected.
ADDRESS PROPOSED PURCHASE PRICE
1215 Indian River Drive
Sebastian, FL 32958
INTENDED USE (PLEASE CHECK) —1 Residential 1 1 Commercial r-1 Mixed Use
PROPOSER'S ACKNOWLEDGMENT
The Proposer understands that information contained on this Proposed Purchase Price Form is to be relied upon by the
City of Sebastian in awarding the specified RFP, and such information is warranted by the Proposer understands that the
City has the right to verify the information submitted and to seek any additional information relating to the Bidder's
qualifications. The discovery of any misstatement, which in the sole opinion of the City materially affects the Proposer's
qualifications to perform, shall cause the rejection of the Proposal, and if after the award, to cancel the sale of agreement.
The Proposer acknowledges that the deed will include a clause stating that the property reverts to the City of Sebastian if
substantial compliance with the provisions of the proposal is not met according to an agreed upon timeline.
Signature: Title:
Print Name: Date:
Failure to fullv comnlete. si¢n and submit this Form mav result in rejection of the submittal
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FORM
D RFP #23-11
PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY
PROPOSER'S DISCLOSURE FORM
The undersigned certifies under oath the truth and correctness of all statements and all answers to questions made
hereinafter. Additional sheets may be attached if required.
Proposer's Name:
Address:
Contact Person:
Title:
Phone No.:
Email Address:
Federal Identification No.:
This Business is: O An Individual ( ) A Partnership ( ) A Corporation
Proposer's License No., if applicable:
*Attach certificate of status, competency, and/or state registration
(1) Has your firm or any of its officers, received a reprimand of any nature or been suspended by the
Department of Professional Regulations or any other regulatory agency or professional association within
the last five (5) years? YES ❑ NO
(2) Has your firm, or any member of your firm, been declared in default, terminated or removed from a
contract or job related to the services your firm provides in the regular course of business within the last
five (5) years? YES ❑ NO ❑
(3) Has your firm had against it or filed any request for equitable adjustment, contract claims, bid protest, or
litigation in the past five (5) years that is related to the services your firm provides in the regular course of
business? YES ❑ NO ❑
(4) Describe each affiliation or business relationship with an employee, board member, elected official(s) or an
immediate family member of any such person of the City of Sebastian. If none, write NONE.
(5) Describe ANY other affiliation or business relationship that may cause a conflict of interest. If none, write
NONE.
If yes, state the nature of the request for equitable adjustment, contract claim, litigation, or protest, and state a brief
description of the case, the outcome or status of the suit and the monetary amounts or extended contract time involved.
...........................................................................................
CONTINUED NEXT PAGE
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MIN
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PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY
I hereby certify that all statements made are true and I agree and understand that any misstatement or misrepresentation
or falsification of facts shall be cause for forfeiture of rights for further consideration of this proposal for the City of
Sebastian.
Signature
Date
Failure to fulh comulete. sign and submit this Disclosure may result in reiection of the submittal
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E RFP #23-11
PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY
E-VERIFY ACKNOWLEDGMENT
Effective January 1, 2021, public and private employers, contractors and subcontractors will be required to register with,
and use the Employment Eligibility Verification System (E-Verify) to verify the work authorization status of all newly
hired employees. The E-Verify system can be obtained at the U.S. Department of Homeland Security website:
hlly://www/dhs.gov/E-Verify..
"Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to
provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration (also referred to
as Vendor or Consultant).
"Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another
subcontractor in exchange for salary, wages, or other remuneration (also referred to as Sub -Vendor or Sub -Consultant).
Vendor/Consultant/Contractor acknowledges and agrees to utilize the U.S. Department of Homeland Security's E-Verify
System to verify the employment eligibility of:
■ All persons employed by Vendor/Consultant/Contractor during the term of the contract, (including assigned sub-
vendors/sub-consultants/sub-contractors), to perform employment duties within Florida and any work in pursuant to
the contract with the City.
By entering into a contract with the City, the Proposer/Contractor/Consultant becomes obligated to comply with the
provisions of Section 2. Section 448.095, Fla. Stat., "Employment Eligibility, " as amended from time to time. This
includes, but is not limited to, utilization of the E-Verb System to verify the work authorization status of all newly hired
employees, and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ,
contract with, or subcontract with, an unauthorized alien. The contractor shall maintain a copy of such affidavit for the
duration of the contract. Failure to comply will lead to termination of resulting contract, or if a subcontractor knowingly
violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision
must be filed in the Circuit Court of Indian River County, Florida no later than 20 calendar days after the date of
termination. If the resulting contract is terminated for a violation of the statute by the Contractor, the Contractor may not
be awarded a public contract for a period of 1 year after the date of termination.
I hereby acknowledge and agree that use of the U.S. Department of Homeland Security's E-Verify System during the term
of the contract is a condition of the resulting contract with the City of Sebastian.
Company Name:
Authorized Name: Title:
Signature: Date:
Proposer must submit their Company Profile Parse from E-Verify with their bid.
State of
County of
This instrument was acknowledged before me on
(Date)
Notary Public Signature
Failure to full% complete. siMn and submit this Affidavit may result in reiection of the submit
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Map FORM
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HOME OF PELICAN ISLAND
PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY
NOTIFICATIONS AFFIDAVIT
rfTl
(Print Authorized Name) (Title)
(Company Name)
affirm that I read and understand, as well as accept all requirements and regulations listed in sections 4.27 — 4.35 of the
above referenced solicitation document to include the following notifications:
• Conflict of Interest
• No Lobbying
• No Collusion
• Immigration Laws
• Drug -Free Workplace
• Public Entity Crimes
• Debarment and Suspension, Proposer must submit their ComnanN Profile Page from SAM with
their bid.
• Scrutinized Vendor
• Performance Evaluation
Signature: Date:
State of
County of
The foregoing Affidavit was acknowledged before me on _ (DATE).
Notary Public Signature
Failure to fullv complete. sign and submit this Affidavit may result in resection of the submittal
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MINORITY, WOMEN and DISABLED -OWNED BUSINESS CONCERN REPRESENTATION
Minority -Owned Business: a minority -owned business concern means a business concern that: (1) is at least 51
percent unconditionally owned by one or more individuals who are considered to be a member of a minority group, or a
publicly owned business having at least 51 percent of its stock unconditionally owned by one or more members of a
minority group, and (2) has its management and daily business controlled and operated by one or more such
individuals. Individuals who certify that they are members of minority groups (African Americans, Hispanic
Americans, Native Americans, Asian -Pacific Americans, Asian -Indian Americans, and other minorities) are to be
considered minority -owned enterprises.
Women -Owned Business: a business that is at least 51 percent owned by a woman or women who also control and
operate it.
Disabled Owned Business: a business that is at least 51 percent owned by a person or persons with severe physical
or mental disabilities, which substantially limits one or more of the person's major life activities and which person
or persons control, and operate such business.
"Control" in this referenced context means exercising the power to make policy decisions. "Operate" means being
actively involved in the day- today management of the business.
The City of Sebastian shall rely on written representations of concerns regarding their status as
minority/women/disabled-owned businesses. Proposer agrees to submit information regarding the minority ownership
of its subcontractors on request.
COMPLETE THE SECTION BELOW AND RETURN THIS FORM WITH BID. FAILURE TO DO SO MAY
RENDER THE OFFEROR'S BID UNACCEPTABLE.
A. Representation. The Proposer represents that it is ( is not ( ) a minority -owned business concern.
B. Representation. The Proposer represents that it is (), is not ( ) a women -owned business concern.
C. Representation. The Proposer represents that it is (), is not ( ) a disabled -owned business concern.
Please Check Anmonriate Box/Boxes
❑ African American❑ Caucasian (CAUL) ❑ Native American (NAAM)
(AFRAM)
❑ Hispanic American[] Asian -Pacific American (ASIAP) ❑ Asian Indian (ASIAI)
(HISP) American
❑ Other, please identify: Woman Owned (W) Disabled Owned (D)
The Proposer has i 1/ has not used the following procedures in searching for and obtaining suppliers and
subcontractors:
• Place Minority -Owned Businesses on solicitation lists.
• Ensure that Minority -Owned are solicited whenever they are potential sources.
• Consider contracting with consortia of Minority -Owned Businesses when an intended contract is too large for any
one such firm to handle on its own or, if economically feasible, divide larger requirements into smaller transactions
for which such organizations might compete.
• Make information on contracting opportunities available and establish delivery schedules that encourage
participation by Minority Owned Businesses.
• Use the services and assistance of the SBA and Department of Commerce Minority Business Development
Agency, as appropriate.
Page 30 of 32
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�AS7
RFP #23-11
HOME OF PLUCAN ISMD PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY
Company Name
Address
Phone #
Signature of Company Official
City
State
Email Address
Print Name
Zip
FEIN #
Date
Page 31 of 32
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M
11
�-
HOME OF PELICAN ISLAND
RFP #23-11
PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY
SOLICIATION INFORMATION FORM
Please submit this form to assist us in learning more about how our solicitation opportunities are most often found.
Company's Name:
Company Address:
Phone No:
Please tell us how you found out this Request for Proposals was released/available (mark all that applies):
Indian River Press Journal (TCPalm)
DemandStar/Onvia
City of Sebastian Web Site
Other (please specify below)
Page 32 of 32
476 of 562
E
Request for F roposa,
RFP #23-11
For the Purchase of City -Owned Ptoperty and Provision of a Milted -
Use Developme'n't at 100 Veterans -Memorial Way,, Sebastian, Florida
(Fgtmqr Public Wairks Compound)
SUBMITTED; BY:
7788 Cdrdmi Incidiiflid -or-jVe, 9
UNG 6
West Palm Beach, FL 33404
681 -8454.669 aid. 102
smaug&HIldragon.,com
bill@sfilldmgon.com
FEI:-46-0549006
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STILLDRAGON
7788 Central Industrial Drive, Suite 6
West Palm Beach, FL 33404
561-4454009 ext.102
smaug@stllldragon.com I blll@stilldragon.com
FEI: 46-0648006
July 14,2023
Don Wixon, Procurement/Contracts Manager
City of Sebastian
Attn: Procurement Division
1225 Main Street
Sebastian; FL 3295.8
Re: City of Sebastian Request for Proposal (RFP 23-11)
For the Purchase of City -Owned Property and Provision of a Mixed -Use Development at 100
Veterans Memorial Way, Sebastian, Florida (Former Public Works Compound)
Dear Mr. Wixon and Members of the Reviewing Committee:
In accordance with the above -referenced Request for Proposal for the City of Sebastian, Stilldragon North
America LLC is pleased to submit this cover letter and the attached proposal for.
Purchase of City -Owned Property and Provision of a Mixed -Use Development at 100 Veterans Memorial
Way, Sebastian, Florida (Former Public Works Compound)
StillDragon North America LLC has reviewed in detail the Request for Proposal, Exhibits A, B, C, and. D,
Addendum #1 and attended the mandatory Pre -Proposal Conference on June 7, 2023, and provides this letter of
interest to be considered for contract negotiations for the purchase of City -Owned Property "100 Veterans
Memorial Way" (Former Public Works Compound).
StillDragon is a full -service distillery solutions provider with a focus on distillery equipment innovation led by
industry -veteran Larry Taylor. Founded in 2012 StillDragon is the original Modular distillation equipment
designer and provider. With his ethos of "spirit first Evaluation" and focus on consistent product improvement,
Larry has driven the growth of StillDragon and its innovative equipment offerings. In an industry spanning
centuries, StillDragon has introduced many first to market distillery technologies under Larry's leadership.
Including but not limited to the Modular Distillation Equipment, the CrystalDragonTM Distillation Column,
ProCapTM Enhanced Distillation Trays, craft scale Continuous Distillation Systems, and SD SmartStillTM
Distillery Automation Suite.
StillDragon equipment is currently Designed and Assembled in West Palm Beach, FL. We provide customers
with Custom Designed and Manufactured Equipment, Consulting, Equipment Installation, Equipment
Financing, Automation Implementation, and Training.
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StillDragon, now in its twelfth year, has sold over 1000 Stills to over 500 distilleries in the United States.
Hundreds of aspiring and successful craft distilleries have and do rely on the knowledge and expertise of
StillDragon and its staff to ensure they get the right equipment, at the right time, on time to empower their
growth and meet the ever-growing demand for high quality craft spirits. StillDragon also directly supports the
fiscal and knowledge growth of the industry.
StillDragon is a Florida Limited Liability Company. Enclosed within this proposal you find documentation that
proves financial ability to provide the proposed redevelopment of the city -owned properly located at 100
Veterans Memorial Way. Neither StillDragon nor its managing member Lawrence Taylor has any tax
delinquency nor any pending or completed litigation claims made, contract disputes, alleged defaults and liens
arising in connection with the performance of any services by the company or by current or former members,
within the last three years. Additionally, StiffDragon has no unabated code violations for any other properties
within the City of Sebastian.
Based on review of the Performance Overlay District regulations and the current PS zoning, the proposed
redevelopment will not create a non -conforming use since wholesale trades and services use includes
distribution and trades and skilled services includes light manufacturing.
In closing, you will find the attached information to be in order and sufficient for consideration of contract
negotiations. We look forward to workhig with you on the redevelopment of this exciting project.
Respectfully,
Lawre ce Taylor
Managing Member
479 of 562
t
TABLE OF CONTENTS
QUALIFICATIONS
Proposer/Company Qualifications......................................................................................................................... 5
TeamQualifications............................................................................................................................................... 9
PROPOSED USE
ProposedUse of Site ................................ ........ ............. .. .. .....................•-.... .... .................... 13
ProposedCompletion Time................................................................................................................................... 13
FINANCIAL REQUIREMENTS
FinancialAbility......................................................................... ........ 20
ConfidentialInformation........................................................................................................................................ N/A
REQUIRED FORMS - _ -
Contact Information Sheet — FORM A................................................................................................................. 22
Addenda Aclmowledgment — FORM B................................................................................................................ 23
Proposed Purchase Price - FORM C..................................................................................................................... 24
Proposer's Disclosure — FORM D.......................................................................................................................25
E-Verify Acknowledgement — FORM E..............................................................................................................27
Notifications Affidavit — FORM F...................................................................................................................... 28
Minority, Women and Disabled -Owned Business Concern Representation — FORM G ........................... 29
480 of 562
PFONi UVATION
REAR MrVATION
R
9
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A
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FROND" U VA110N
i
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FINANCIAL REQUIREMENTS
FINANCIAL ABILITY
StillDragon Sebastian Distillery has budgeted $3,200,000 for renovation, buildout, and fixtures, furniture and
equipment.
FUNDING MECHANISM
Proposed Amding is a combination of current operating capital, private loans, and commercial bank loans.
REQUESTED WAIVERS
The site consists of the City's former public works compound (the "Property'l and lies within the Riverfront
Performance Overlay and Sebastian Boulevard Triangle Overlay districts. StiffDragon North America, LLC
(" StillDragon') is in the craft spirits business. StillDragon purposes to construct a state-of-the-art spirits
distillery business on the Property. StillDragon's vision is to redevelop the Property and build a facility that is
aesthetically attractive, clean, and uncluttered, with lush vegetation and landscaping, complimenting an
architecturally designed campus with stylish signage. A distillery, tasting room, bar, and distillation educational
center are envisioned, along with receiving, storing, design, manufacturing, assembly and shipping of distillery
equipment.
In order to facilitate the redevelopment design concept, StillDragon will need the City's cooperation through the
granting -of--various waivers= such as- acknowledging -the- grandfathering- of the existing- buildings, repurposing
them for the proposed use, compliance with dimensional standards such as setbacks, open space, height,
building size, coverage and other land development requirements. Also, material finishes, parking, and review
fees.
At this time, it is premature to list the waivers that will be necessary. As the architecturally designed appearance
of the property advances, the necessary waivers will be reviewed with the City such that StillDragon's concept
and the City's concept for the ultimate development of the property will be mutually agreeable.
PROPOSED PURCHASE PRICE
$1,050,01?O.0-0- -Qne Million Fifty Thousand Dollars WD
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REQUIRED FORMS
REQUIRED FORMS
Included within this section are the following completed required forms:
Contact Information Sheet — FORM A
Addenda Acknowled z < <+ent — FORM B
Pro,,osed Purchase Price- FORM C
Pros i oser's Disclosure — FORM D
E-Verify Acknowle&ement—FORM E
Notifications Affidavit — FORM F
h inorit , Women and Disabled -Owned Business Concern Re; :resentation — FORM G
498 of 562
HOME OF PELICAN ISLAND
1'ro osals due b • 2:00 PM Local Time on
FORM
A RFP #23-11
PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY
CONTACT INFORMATION SHEET
Friday, July 14, 2023
411 physical, in person submissions must be delivered
or mailed to:
City of Sebastian
ATTN: Procurement Division
1225 Matn Street
Sebastian, Florida 32958
Check Addenda for revised due dates before
submitting your Bid Late Bids will not be
accepted.
SOLICITATION
NO.:
RFP 23-11
RELEASE CONTACT:
DATE: Don Wixon
05/17/2023 Procurement/Contracts
Manager
772`1388-8231
SOLICTI'ATfON TITLE:
Sale of City -Owned Property `1100 Veterans Memorial Way'
(Former Public Works Compound)
Firm's Name and "Doing Business As", if applicable: Federal Tax Identification
Stilldragon North America LLC I Number: 46-0548006
Address: 7788 Central Industrical Drive, Suite 6
City: West Palm Beach State: FL Zi,4e:
Telephone No: 561_845-8009 ext. 102 Fax�To:
E-Mail Address of Authorized Representative: Smaug@sblldragon.com and bill@stilldragon.com
ME41AIUM REQUIREMENTS
Firms that do not meet the minimum requirements as determined by the City, at its sole discretion, will be
deemed non -responsive and not considered for award (refer to page 9, Section 1.5). By placing a checkmark
next to each requirement, Proposer is confirming the requirement is met.
VProposer, or at least one of its General Partners, must be operating as the sauce business entity for a minimum
of five (5) years; and
Proven experience of successfully developing properties continuously for a minimum of five (5) years; and
54inancial ability to provide the proposed redevelopment; and
HI o tax delinquency as an individual or member of a Corporation or Partnership; and
;
o unabated code violations for other properties within the City of Sebastian; and
No creation of a non -conforming use.
BID/PROPOSAL CERTIFICATION
I certify that I have carefully examined the RFP document and associated documents, including Addenda,
accompanying or made a part of this solicitation. I further certify that all information contained in this proposal
is truthful to the best of my knowledge and belief and that I am duly authorized to submit this proposal on
behalf of the company named above and that the company is ready, willing, and able to perform if awarded.
Lawrence Taylor
Printed Name - —
Managing Member
7We
The City reserves the right to reject any and all proposals, or to accept any proposal or portion thereof deemed
to be in the best interest of the CiW, and to waive any non -substantial irregularities.
Failure to full, complete and submit this Information Sheet may{ result in rei ection of the submittal.
Page 25 of 34
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m 11 FORM
L _ >3 .� RFP #23-11
i'0Aa OF °arm I PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY
ADDENDA ACKNOWLEDGEMENT
Proposer's Name: Stilldragon North America LLC
Proposer shall indicate below all Addenda received. Acknowledgement confirms receipt and understanding of issued Addenda.
Proposer understands that failure to acknowledge any addenda issued may cause their proposal to be considered non-
responsive. To confirm the number of addenda (if any), Proposer may contact the Procurement Division at (772) 388-8231.
ADDENDDUM # f DATE
RECEIVED
1 6/13/2023
2
3
_4
5
.6
7
I 1
s
9
10 .i
No Addenda was recei n connection ]!citation.
Signature: _14Z Title: Managing Member
Print Name: Lawrence Taylor Date: 7/1412023
Failure to full-, comi)lete. si-gin and submit this Form ma,, result in reiection of the submittal
Page 26 of 34
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�u ! FORM
_C I RFP #23-11
f ME°FMMMIMAM PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY
PROPOSED PURCHASE PRICE FORM
Stilldragon North America LLC herein called the Buyer(s), hereby offer(s) and agree(s) to purchase
from the City of Sebastian, a Municipal Corporation, hereinafter called the City, at the price subject to the terms,
conditions, reservations, restrictions, and covenants herein stated, (see attached(s)), and easements, encumbrances and
other matters of record, and to all zoning, building or other Laws or Ordinances, the following described property.
In order to constitute an acceptable offer to purchase, all information requested below must be provided. The form must
be submitted with proposal.
Proposer's Name: Stilldragon North America LLC
Proposer's Address: 7788 Central Industrical Drive, Suite 6 _
City, State, Zip: West Palm Beach, FL 33404
Phone Number: 561-845-8009 ext. 102 Email Address: Smaug@stllldragon.com and bill@stilldragon.rom
Insert in the "Proposed Purchase Price" column, the total amount you agree to pay for the property. Entries must be typed
or clearly printed in ink. Use of erasable ink is not permitted. Strikeovers, changes, and corrections by the Proposer must
be initialed. Questionable entries will be rejected. l
ADDRESS — _ J PROPOSED PURCHASE PRICE
100 Veterans Memorial Way,
Sebastian, FL 32958 $1,050,000.00
CHECK)
USE (PLEASE Residential RV
CommercialH
Mixed Use
)
PROPOSER'S ACKNOWLEDGMENT
The Proposer understands that information contained on this Proposed Purchase Price Form is to be relied upon by the
City of Sebastian in awarding the specified RFP, and such -information is warranted by the Proposer understands that the
City has the right to verify the information submitted and to seek any additional information relating to the Bidder's
qualifications. The discovery of any misstatement, which in 01 sole opinion of the City materially affects the Proposer's
qualifications to perform, shall cause the rejection of the P al, and if after the award, to cancel the sale of agreement.
The Proposer acknowledges that eed will include - e stating that the property reverts to the City of Sebastian if
substantial compliance with isions of the rs not met according to an agreed upon timeline.
Signature: Title: Managing Member
Print Name: Lawrence Taylor Date: 7/14/2023
Failure to fulth comolete. sign and submit this Form may result in resection of the submittal
Page 27 of 34
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FORM
D RFP #23-11
HOME OfPEUCANiSikND PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY
PROPOSER'S DISCLOSURE FORM
The undersigned certifies under oath the truth and correctness of all statements and all answers to questions made
hereinafter. Additional sheets may be attached if required.
Proposer's Name: Stilldragon North America LLC
Address: 7788 Central Industrical Drive, Suite 6
West Palm Beach,- FL 33404
Contact Person: Lawrence Taylor
Title: Managing Member
Phone No.: 561-845-8009 ext. 102
Email Address: Smaug@stilldragon.com and blll@stiildragon.com
Federal Identification No.: 46-0548006 f
This Business is: ( ) An Individual () A Partnership f�+J A Corporation
Proposer's License No., if annlicable:
*Attach certificate of status, competency, and/or state registration
(1) Has your firm or any of its officers, received a reprimand of any nature or been suspended by the
Department of Professional Regulations or an other regulatory agency or professional association within
the last five (5) years? YES ❑ NO
(2) Has your firm, or any member of your firm, been declared In default, terminated or removed from a
contract or job related to the services your firm provides in the regular course of business within the last
five (5) years? YES NO g
(3) Has your firm had against it or tiled any request for equitable adjustment, contract claims, bid protest, or
litigation in the past five (5) years that is related to the services your firm provides in the regular course of
business? YES R NO M
(4) Describe each affiliation or business relationship with an employee, board member, elected official(s) or an
immediate family member of any such person of the City of Sebastian. If none, write NONE.
None
(5) Describe ANY other affiliation or business relationship that may cause a conflict of interest. If none, write
NONE.
None
If yes, state the nature of the request for equitable adjustment, contract claim, litigation, or protest, and state a brief
description of the case, the outcome or status of the suit and the monetary amounts or extended contract time involved..
■rrrrrrrrrrrrrrrrrrrrrrrrr a rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrerrrrrrrrr a rrrrrrrrrrrrrrrrr■
CONTINUED NEXT PAGE
Page 28 of 34
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T•
RFP #23-11
Now of MMOKMM wM PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY
I hereby certify that all statements made are true and I agree and understand that any misstatement or misrepresentation
or falsicatton 9.,ts shall be ca or forfeiture of rights for further consideration of this proposal for the City of
Sebastian. /
7/14/2023
ignature hate
Failure to fullv comulete. sien and submit this Disclosure may result in rei ection of the submittal
Page 29 of 34
503 of 562
.v u
FORM
- - E RFP #23-11
1 Y& a MrAM SLAW PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY
E-VERIFY ACKNOWLEDGMENT
Effective January 1, 2021, public and private employers, contractors and subcontractors will be required to register with,
and use the Employment Eligibility Verification System (E-Verify) to verify the work authorization status of all newly
hired employees. The E-Verify system can be obtained at the U.S. Department of Homeland Security website:
http_//www/dhs.g_ov/E-Veriti -
"Controetor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to
provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration (also referred to
as Vendor or Consultant).
"Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another
subcontractor in exchange for salary, wages, or other remuneration (also referred to as Sub -Vendor or Sub -Consultant).
Vendor/Consultant/Contractor acknowledges and agrees to utilize the U.S. Department of Homeland Security's E-Verify
System to verify the employment eligibility of:
■ All persons employed by Vendor/Consultant/Contractor during the term of the contract, (including assigned sub-
vendors/sub-consultants/sub-contractors), to perform employment duties within Florida and any work in pursuant to
the contract with the City.
By entering into a contract with the City, the Proposer/Contractor/Consultant becomes obligated to comply with the
provisions of Section 2. Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This
includei, brit is hot lhidied to, utilization o the E=Vert - ` - -
f fy System to verify the work authorization status of all newly hired
employees, and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ,
contract with, or subcontract with, an unauthorized alien. The contractor shall maintain a copy of such affidavit for the
duration of the contract. Failure to comply will lead to termination of resulting contract or if a subcontractor knowingly
violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision
must be filed in the Circuit Court of Indian River County, Florida no later than 20 calendar days after the date of
termination. If the resulting contract is terminated for a violation of the statute by the Contractor, the Contractor may not
be awarded a public contract for a period of I year after the date of termination.
I hereby acknowledge and agree that use of the U.S. Department of Homeland Security's E-Verify System during the term
of the contract is a condition of the resulting contract with the City of Sebastian.
Company Name: Stilldragon North Arne ' a LLC
Authorized Name: r ce Taylor Tie: Managing Member
Signature: Date: 7114/2023
Proposer must submit their Como anv Profile Pa::e from E-Vei .'f v with their bid.
State of Florida
County of M aw�
This instrument was acknowledged before me on 7/14/2023 '
(Date)
DAIMIRJEFFMON S
•MA t�pl(? fjt r of Florida
Comm{sAonq 337b5b
�..qr., * i otary, lie Si u e
My Comm. Expires Dec 4, 2026 'i
ti �•
Failure to full► complete, sikn and submit this Affiidai:: may result in resection of the submit
Page 30 of 34
504 of 562
FORM
1 F RFP #23-11
H M1EMOXMI 1AND PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY
NOTIFICATIONS AFFIDAVIT
L Lawrence Taylor
(Print Authorized Name)
of Stilldragon North America LLC
Managing Member
(Title)
(Company Name)
0
affirm that f read and understand, as well as accept all requirements and regulations listed in sections 5.25 — 5.32 of the
above referenced solicitation document to include the following notifications:
• Conflict of Interest
• No Lobbying
• No Collusion
• Immigration Laws
• Drug -Free Workplace
• Public, Entity Criinz,% _
• Debarment and Suspension, Pr000ser must submit their Comijaw Profile Psue from SAM with
their bid.
a Scrntini - Vendor
Signature: _ Date: 7/14/2023
State of Florida��
County o4w F CA
The foregoing Affidavit was acknowledged before me on 7/14/2023 (DATE).
-=.L'ti'
sirr� DAN R JEFFERSON
{ � N-tary Publir . State of Florida
ommission k HH 337686
My Comm. Expires Dec 4, 2026
1 -
y fNotaiv Public Sig# fur
�V
Failure to fullv comalete, si!: n and submit this Affidavit maN result in refection of the submit
Page 31 of 34
505 of 562
FORM
4 26--ft- G RFP #23-11
h ME OF KLWM WJW PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY
MINORITY. WOMEN and DISABLED -OWNED BUSINESS CONCERN REPRESENTATION
Minority -Owned Business: a minority -owned business concern means a business concehi that: (1) is at least 51 percent
unconditionally owned by one or more individuals who are considered to be a member of a minority group, or a publicly
owned business having at least 51 percent of its stock unconditionally owned by one or more members of a minority
group; and (2) has its management and daily business controlled and operated by one or more such individuals.
Individuals who certify that they are members of minority groups (African Americans, Hispanic Americans, Native
Americans, Asian -Pacific Americans, Asian -Indian Americans, and other, minorities) are to be considered minority -owned
enterprises.
Women -Owned Business: a business that is at least 51 percent owned by a woman or women who also control and
operate it.
Disabled Owned Business: a business that is at least 51 percent owned by a person or persons with severe physical or
mental disabilities, which substantially limits one or more of the person's major life activities and which person or persons
control, and operate such business.
"Control" m this referenced context means exercising the power to make policy decisions. "Operate" means being
actively involved in the day- today management of the business.
The City of Sebastian shall rely on written representations of concerns regarding their status as minority/women/disabled-
owned businesses. Proposer agrees to submit information regarding the minority ownership of its subcontractors on
request.
COMPLETE THE SECTION BELOW AND RETURN THIS FORM WITH BID. FAILURE TO DO SO MAY
RENDER THE OFFEROR'S BID UNACCEPTA
A. Representation. The Proposer represents that it isB is not () a minority -owned business concern.
B. Representation. The Proposer represents that it is M�is not() a women -owned business concern.
C. Representation. The Proposer represents that it is Wis not O a disabled -owned business concern.
Please Check App o rute Box/Boxes
❑ African American' Caucasian (CAUC) ❑ Native American (NAAM)
(AFRAM)
❑ Hispanic American❑ Asian -Pacific .American (ASIAP) 0 Asian Indian (ASIAI)
) American
❑ thSper, please identify: ❑ Woman Owned (Vir) ❑ Disabled Owned (D)
The Proposer has ❑/ has not ❑ used the following procedures hi searching for and obtaining suppliers afldsubcontractors:
e Place Minority -Owned Businesses on solicitation lists.
m Ensure that Minority -Owned are solicited whenever they are potential sources.
® Consider contracting with consortia of Minority -Owned Businesses when an intended contract is too large for any one
such firm to handle on its own or, if economically feasible, divide larger requirements into smaller transactions for
which such organizations might compete.
e Make information on contracting opportunities available and establish delivery schedules that encourage participation
by Minority Owned Businesses.
s Use the services and assistance of the SBA and Department of Commerce Minority Business Development Agency,
as appropriate.
CONTINUED ON NEXT PAGE REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Page 32 of 34
506 of 562
I
ann
- - RTP 423-11
OWE OF
PUXM 1R D PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY
SOLICIA.TION INFORMATION FORM
Please submit this form to assist us in learning more about how our solicitation opportunities are most often found.
Company's blame: Stilldragon North America LLC
Company Address: 7788 Central Industrical Drive, Suite 6, West Palm Beach, FL 33404
Phone No: 561-845-8009 ext. 102
Please tell us how you found out this Request for Proposals was released/available (mark all that applies):
Indian River Press Journal (TCPaIm)
DemandS'tar/Onvia
City of Sebasiian Web Site
Other (please specify below)
Page 34 of 34
507 of 562
AN APPRAISAL REPORT
OF THE CITY OF SEBASTIAN
FORMER PUBLIC WORKS FACILITY
LOCATED AT 100 VETERANS MEMORIAL WAY
AND 190 SEBASTIAN BOULEVARD
SEBASTIAN, FLORIDA 32958
APPRAISAL #46839
508 of 562
ARMFIELD-WAGNER APPRAISAL & RESEARCH, INC.
PETER D. ARMFIELD, MAI CERT GEN RZ524
DANIEL A. NELSON, CERT GEN RZ897
August 21, 2023
Lisa Leger Frazier, AICP
Community Development Director
City of Sebastian
1225 Main Street
Sebastian, Florida 32958
Dear Lisa:
1940 10TH AVENUE, P.O. BOX 791
VERO BEACH, FLORIDA 32960
TELEPHONE (772) 562-0532
Appraisal #46839
As requested, we have inspected the 3.63 ± acre parcel comprising the former City of
Sebastian Public Works facility at 100 Veterans Memorial Way and the adjacent vacant
parcel at 190 Sebastian Boulevard, in Sebastian, Florida. This is for the purpose of providing
you with our opinion of the Market Value of the fee simple estate of the real property
appraised, "As Is," as of August 11, 2023.
This Appraisal Report complies with the reporting requirements set forth under Standards
Rule 2-2(a) of the 2022-2023 Uniform Standards of Professional Appraisal Practice (US PAP).
The property is physically described in the following Appraisal Report, which explains the
analysis of data upon which our opinion of value is based. The opinions expressed in this
report and the value conclusion reported below are subject to the limiting conditions and
extraordinary assumptions on pages 1 - 4.
The subject property consists of a partially improved site located along Sebastian Boulevard
with main access via Veterans Memorial Way. The main site area contains the former City
of Sebastian Maintenance Compound which is presently vacant. The improvements include
three warehouse/office type buildings along with paved parking and drive areas, drainage
improvements, walkways, perimeter fencing, utility services, etc. This parcel contains
approximately 555 +- feet of frontage along the south side of Sebastian Boulevard westbound
and 162.55 +- feet along the west side of Veterans Memorial Way.
Additionally, a separate tax parcel at 190 Sebastian Boulevard contains around 100 +- feet
of frontage along the north side of Sebastian Boulevard eastbound. Total site size of the
subject property is indicated at 157,912 +- square feet, or 3.63 +- acres. The subject overall
site has an irregular shape, but with frontage along three roadways.
Current zoning is PS, Public Service for the main site area and CG, Commercial General for
the small parcel. Reportedly, the subject property has potential for rezoning to either CG, or
IN, Industrial, per the information provided.
509 of 562
Lisa Leger Frazier, AICP Appraisal #46839
Community Development Director
City of Sebastian
August 21, 2023
Page Two
The subject site contains the three older buildings, along with substantial site improvements.
These buildings range in size from 1,764 to 4,000 square feet and were built in 1979, 1992
and 1999. They total 9,322 square feet overall, plus covered work areas. These buildings
are not in use and the current condition is rated fair. These improvements have little to no
value to the subject overall site, in our opinion, considering their older age and current
condition, smaller building sizes and other factors, including the subject commercial location.
Further, the subject site reportedly has soil contamination and is currently under Petroleum
Restoration Program procedures.
Our opinion of the Market Value of the fee simple estate of the subject property, "As Is,"
utilized the Sales Comparison Approach. We considered sales of vacant and partially
improved commercial and industrial properties in the subject neighborhood and other areas
of Indian River County.
Based on the data and analysis as presented in this appraisal report, it is our opinion that the
Market Value of the fee simple estate of the real property appraised, "As Is," as of August 11,
2023 is:
ONE MILLION DOLLARS
($1,000,000)
The above Market Value conclusion has conditions and assumptions that are assumed to be
correct, as discussed in the appraisal report. It should be noted that if some or all of these
conditions or assumptions are not correct, it could affect our opinion of the subject Market
Value, as provided herein.
We believe the appraisal report to be complete, but any questions you may have are
welcomed.
Sincerely,
Zlu'rh Allt�
Daniel A. Nelson
State -Certified General
Real Estate Appraiser RZ897
Peter D. Armfield, MAI
State -Certified General
Real Estate Appraiser RZ524
510 of 562
SEBASTIAN CRA MAJOR THEMES
Throughout the formation of this 2023 Sebastian
CRA Master Plan, as well as during the public input
and workshop sessions, five overarching themes
were identified. These themes are to be used as a
planning framework for the Agency to help enhance
the character of the downtown and to embrace
opportunities that exist within the CRA. These major
themes include:
'~ INFRASTRUCTURE & DRAINAGE
fill A Riverfront Drainage Study performed
in 2014 identified a list of stormwater
Improvement areas within the Sebastian
CRA; these included drainage improvements to
Indian River, "Presidential Street", Coolidge Street,
Central Avenue/Davis Street, and the CavCorp
parking lot. These stormwater facility improvements
were completed in 2017 through the installation of
baffle boxes at major outfall locations. In addition,
the Agency continues plans to address other
infrastructure needs relative to septic -to -sewer
conversion within the redevelopment area.
The stormwater facilities and water/sewer utility
infrastructure may require upgrades within the CRA,
especially when anticipating new demand driven by
residential, commercial, and mixed -use development.
46 WATERFRONT, PARKS, & PUBLIC SPACES
The CRA closely identifies with its
y,x;; waterfront, occupying over 47%.of its total
acreage. The Agency has prioritized
access and preservation of its waterfront, as it is
vital to the area's economic success. The CRA's
community continues to support these preservation
efforts, subsequently preserving and enhancing
the City's history as a fishing village, contribute
to the desired design theme, and make use of
the waterfront resource to maximize economic
development.
Open space enhancement projects along the water
and restoring waterfront properties for new uses
were contemplated within the 2010 Sebastian CRA
Master Plan and have been continued within this 2023
Sebastian CRA Master Plan.
In 2018, the consensus of community members and
key stakeholders was to focus on river views and
access, a waterfront pedestrian experience, and open
public spaces. Specifically, the "Working Waterfront"
initiative has been a high priority of the City and the
Agency to promote economic revitalization along the
Indian River coast. Subsequently, these efforts have
continued to bring activity and regeneration to the
Sebastian shoreline.
In addition, enhancing the existing Riverview Park is a
prime example of the potential for park revitalization
and economic activity in the surrounding vicinity. A
Riverview Park Master Plan was completed in 2019
to diversify its current uses and implement best
management practices moving forward. The Agency
seeks to generate more engagement with its open
space by creating connectivity between greenspaces
through implementation of a pedestrian pathway
system, greenway connectors, and bicycle paths
that may provide for future recreation enhancement
opportunities. The Agency also seeks to enhance its
recreational piers, waterfront boat ramp access, and
smaller opportunistic waterfront parks, especially
Within the Park District.
ROADS, PARKING, & PEDESTRIAN
CONNECTIVITY IMPROVEMENTS
The CRA community's desire for road and
pedestrian connectivity improvements
along U.S. Highway 1 and Indian River Drive
were significant observations during the public
input sessions. The CRA is prioritizing pedestrian
connectivity and accessibility in order to link west
Sebastian to the waterfront by creating a more
pedestrian- and bicycle -friendly streetscape
environment and providing visual linkages
between the riverfront and U.S. Highway 1. These
improvements may include, but not be limited to,
boulevard landscaping including street trees and
sidewalks, widened sidewalks and curbed dedicated
bicycling space along Indian River Drive, flashing
pedestrian crosswalks across U.S. Highway 1 towards
the riverfront, and safer crosswalk areas along the
railroad tracks near the Sebastian Boulevard Triangle
Area.
In addition, the Land Development Code was
updated under Ordinance No. 0-10-05 in an effort
to encourage public parking use in high -demand/
low -supply areas. The "payment in lieu of parking'
program permits the use of City parking areas
adjacent to commercial property to satisfy zoning
requirements. The Agency envisions increasing public
parking in the CRA, and establishing on -street parking
and streetscapes adjacent to recreation areas.
PUBLIC SAFETY
Another observation from the community
during the public input session was the
desire to enhance public safety throughout
the CRA, ensuring that everyone can live and work in
a safe environment. In doing so, the Agency could
develop a comprehensive public safety initiative that
addresses public safety needs of the community.
1 52 1 2023 Sebastian CRA Sustainable Redevelopment Master Plan 511 of 562
Currently, the City Police Department consists of a
road patrol, canine, and marine unit divisions with
the main commitment to maintaining a safe and
peaceful environment for all residents and visitors
within the City. Additional ways the Agency may
increase public safety could include increased
lighting and safety measures in community spaces,
developing public health and prevention strategies,
and prioritizing youth development.
PRESEZVIKG THE COMMUNITY CHARACTF"
RONNIE Promoting the community character as
"Old Florida Fishing Village" and the CRA as
a destination has been a major priority
within the CRA since adoption. In doing so, the Agency
has prioritized creating a unique brand through
signage, wayfinding, and advertising.
In addition, the CRA has prioritized enhancing
existing recreation land in the CRA through use of
appropriate urban design for parks and open spaces,
increasing pedestrian connectivity and walkways,
and presenting the character of the existing
neighborhoods through proper landscaping, lighting,
and signage. All of these practices have helped
define the Sebastian CRA's community character and
a coherent sense of place when visiting the CRA.
These live major themes have helped identify the
guiding principles, as well as the recommended
improvement and redevelopment programs within
the CRA, as detailed along the following pages.
Photo Courtesy of CoStor
GUIDING PRINCIPLES
The principles identified below are derived
from public engagement, other plans, and
background data utilized. The analysis and
feedback suggest a variety of objectives that
are the essential elements of this 2023 Sebastian
CRA Master Plan structural framework.
ENCOURAGI.
■ Residential and mixed -use development
within the Sebastian Blvd. Triangle
Overlay District.
Retail uses adjacent to Riverview Park.
Compatible infill development,
• Enhancement of the character of the
CRA with architecture that addresses the
community's "Old Florida Fishing Village"
scale and feel.
ATr
Gateway features at west end of
Sebastian Blvd. Triangle Overlay District
and on U.S. Highway 1
• Visual linkages between the riverfront
and U.S. Highway 1.
Improved bicycle and pedestrian
linkages to the riverfront and between
recreation lands.
Additional on-street/off -street parking.
Pocket parks and wildlife observation
areas.
Opportunities to facilitate development
of catalyst sites and other priorities
through property acquisition.
ul oPFrFf�':rl
Protect and enhance uses and buildings
along and adjacent to one of the area's
most important assets: the Indian River
Lagoon.
• Important historic resources in the
redevelopment area, particularly
those that help to illustrate the area's
fishing heritage, as well as those that
meaningfully contribute to the "Old
Florida Fishing Village" character.
Waterfront access and continued
riverfront activities.
IV PROMOTi
• Promote the redevelopment area as a
destination for shopping, dining, events,
and recreation.
Incentive, Grant, and Assistance
Programs available to property owners
and businesses within the CRA.
Section 4 Rey. _ .-elopment Plan 1 1
512 of 562
RECOMMENDED I PR VE ENT &
REDEVELOPMENT ACTIVITIES AND PROGRAMS
WITHIN THE SEBASTIAN CRA
REDEVELOPMENT AND IMPROVEMENT ACTIVITY BY CONCEPTUAL. PLANNING DISTRICT
Sebastian
U S -I
Sebastian
Park
Blvd.
Commercial
Riverfront
Blvd.
Mixed -Use
South
Encourage
Residential + Mixed Use Development
X
X
X
X
Retail Uses adjacent to Riverview Park
X
Compatible Infill Development
X
X
X
X
X
"Old Florida Fishing Village" Character
X
X
X
X
Development of Catalyst Sites
X
X
X
X
Create
Renovations/Upgrades to Riverview Park
X
Gateway Features
X
X
X
On-Street/Off-Street Parking
X
X
X
Pocket Parks + Wildlife Observation Areas
X
X
X
Property Acquisition
X
X
X
X
X
Improvements to Recreational "Twin" Piers
X
X
Increased Pedestrian Connectivity
X
X
X
X
Streetscape Improvements + Vegetative
X
X
X
X
Landscaping
Preserve
Protect + Enhance Indian River Lagoon Frontage
X
X
Historic Resource Protection
X
X
X
X
X
Waterfront Access + Riverfront Activities
X
X
Preservation
Promote
Marketing of Redevelopment Area as Destination
X
X
X
X
X
Promote Incentive/Grant/Assistance Programs
X
X
X
X
X
Source: Sebastian Community Redevelopment Agency, GAI Consultants, Inc.
REDEVELOPMENT PROGRAMS
FACADE, SIGN, AND LANDSCAPING MATCHING GRANT
PROGRAM - This program provides funds to assist
property owners and/or business owners to improve
and install new signage and/or landscaping.
SEPTIC TO SEWER CONNECTION GRANT (S2S) - This
program is designed to provide individual grants
to qualified property owners for costs incurred to
remove an operational septic tank system that serves
and occupied facility or building and connects to
the County sanitary sewer system. SSP is available
to businesses or residences located with the
Redevelopment Area currently utilizing septic systems.
PARKINGAN-LIEU PROGRAM - This program provides
for establishing parking within the right-of-way at a
rate of $3,200 per space.
STORMWATER FEE CREDIT PROGRAM - All properties
within City, whether or not they discharge stormwater
directly into the Sebastian Stormwater Utility ("Utility")
system, will pay a proportionate share of the Utility
expenses incurred in providing generalized benefits
to the system. Property located within the City
from which stormwater runoff is discharged, either
directly or indirectly, may be eligible for a reduction
in the stormwater fee from the Utility. Single -Family
Residential lots are not eligible for this credit. The City
shall reasonably determine "fee credit" based upon
the savings to the Utility resulting from the property's
stormwater facilities or unique features. Stormwater
fee credits include: incorporation of LID/BMP
alternative practices such as vegetated swales and
buffers, permeable pavers, bioretention and bioswales.
1 54 1 2023 Sebastian CRA Sustainable Redevelopment Master Plan
513 of 562
CONCEPTUAL PLANNING DISTRICTS' PRIORITIES
As a part of the 2023 Sebastian CRA Master Plan, major priorities have been identified for each of the CRA's
conceptual planning districts. These priorities are provided for the short-term (1-5 years) and the long-term (6-10
years), as illustrated below. These projects and associated time frames are consistent with the updated goals and
objectives within this 2023 Sebastian CRA Master Plan.
Park
District
Implementation of Riverview
Park Master Plan Upgrades and
Renovations.
Restoration, as appropriate, of
important waterfront properties to
enhance their economic viability
and maintain and improve the
character of the CRA.
Streetscape improvements to
Indian River Drive.
Creation of riverfront event space.
Property acquisition to facilitate
Catalyst Site development and infill
development projects.
Create "local activity center"
surrounding the Riverview Park, to
include complementary retail uses,
connectivity to the riverfront, and
streetscape improvements.
Restoration, as appropriate, of
important waterfront properties to
enhance their economic viability
and maintain and improve the
character of the CRA.
New sidewalk construction as
necessary to provide a continuous
sidewalk network.
Sebastian ,.
Blvd. Mixed -Use Riverfront
District - District
SHORT-TERM PRIORITIES
Improvement of the Sebastian
Boulevard Triangle Area to provide
for mixed -use development,
connectivity to adjacent residential
communities, and streetscape
improvements.
Property acquisition to facilitate
Catalyst Site development and infill
development projects.
LONG-TERM PRIORITIES
New sidewalk construction as
necessary to provide a continuous
sidewalk network.
Modification of lake to create park/
open space feature.
U.S.-1
Commercial
District
Installation of gateway treatments
at entrances to the CRA along U.S.
Highway 1.
Property acquisition to facilitate
Catalyst Site development and infili
commercial development.
New sidewalk construction as
necessary to provide a continuous
sidewalk network.
Enhancement of the U.S. Highway 1
streetscape to provide for greater
pedestrian and bicycle usability, as
well as the installation of mature
landscaping and trees.
Property acquisition to facilitate
infill commercial development.
SHORT-TERM PRIORITIES
Restoration, as appropriate, of
important waterfront properties to
enhance their economic viability
and maintain and improve the
character of the CRA.
Streetscape improvements to
Indian River Drive.
Property acquisition to facilitate
Catalyst Site development and infill
development projects.
LONG-TERM PRIORITIES
Restoration, as appropriate, of
important waterfront properties to
enhance their economic viability
and maintain and improve the
character of the CRA.
New sidewalk construction as
necessary to provide a continuous
sidewalk network.
Sebastian
Blvd. South
District
Installation of gateway treatments
at entrances to the CRA along
Sebastian Boulevard.
New sidewalk construction as
necessary to provide a continuous
sidewalk network.
Property acquisition to facilitate
infill development projects.
Section Q Redevelopment Plan 1 55 1
514 of 562
0MI
SE
HOME OF PELICAN ISLAND
CITY COUNCIL AGENDA TRANSMITTAL
Council Meeting Date: September 27, 2023
Agenda Item Title: Approval of Lease with PROFLIGHT MANAGEMENT, LLC for Hangar `D'
at the Sebastian Municipal Airport and authorization for the City Manager to
execute all appropriate documents.
Recommendation: Staff recommends City Council approve a twenty (20) year new tenant lease with
PROFLIGHT MANAGEMENT, LLC for Hangar "D" at the Sebastian
Municipal Airport and authorize the City Manager to execute all appropriate
documents.
Background:
Hangar "D" was officially completed and accepted on May 12, 2023 by the City of Sebastian. The City's
primary goal has been to lease the entire building, hangar bays and office spaces to a single tenant. Toward
that end, Staff is recommending entering into a lease with PROFLIGHT MANAGEMENT, LLC .
PROFLIGHT is owned by Stephen Fisher, a current tenant at Sebastian Municipal Airport, operating as the
Fixed Base Operator for fuel sales, maintenance, and transient traffic customers, along with their flight
training school. They have committed to leasing the entire Hangar "D" facility to secure their future growth
and operational needs as well as entering into a Shared Construction Cost Agreement in order to share the
costs of funding additional construction on the Leasehold Premises.
The Shared Construction Cost Agreement covers the necessary costs for the office space build -out of Hangar
"D", which is funded by Florida Department of Transportation Grant 449620-1. The offices must be
completed to make the building eligible for a Certificate of Occupancy. In this 80/20 grant for $400,000, the
20% portion will be borne solely by the tenant by making an upfront payment for 8 months of rent at the time
the lease documents are executed.
Staff is requesting authorization for approval of a twenty (20) year new tenant lease by PROFLIGHT
MANAGEMENT, LLC for Hangar "D" at the Sebastian Municipal Airport and associated Shared
Construction Cost Agreement as well as authorization for the City Manager to execute all appropriate
documents.
If Agenda Item Reauires Exaenditure of Funds:
Budgeted Amount: No expenditure of City funds required.
Total Cost: $400,000
Funds to be Utilized: $320,000 DOT Grant
$ 80,000 PROFLIGHT MANAGEMENT, LLC
Attachments:
1. Hangar D Lease Agreement
2. Shared Construction Cost Agreement
Administrative Services Department Review:
i
City Attorney Review:
Procurement Division �Ciew„ if applicable: /V /A 5 a
_ 562
City Manager Authorization:
Date:
520 of 562
AERONAUTICAL HANGAR
LEASE AGREEMENT
BETWEEN
THE
CITY OF SEBASTIAN,
LANDLORD
AND
PROFLIGHT MANAGEMENT, LLC,
TENANT
521 of 562
THIS LEASE made and entered into this September 27, 2023, by and between the CITY OF
SEBASTIAN, a municipal corporation existing under the laws of the State of Florida,
(hereinafter referred to as the "Landlord"), and PROFLIGHT MANAGEMENT, LLC,
(hereinafter referred to as the "Tenant"). The Landlord and the Tenant are sometimes
collectively referred to herein as the "parties/party."
WITNESSETH:
WHEREAS, the Landlord is the owner of certain property located in the City of Sebastian,
Indian River County, Florida; and
WHEREAS, certain property is being used for the operation of the Sebastian Municipal
Airport (hereinafter referred to as the "Airport"); and
WHEREAS, the Landlord has agreed to lease such property to the Tenant subject to certain
terms and conditions consistent with or in support of the current aviation use of such property
or as the Federal Aviation Administration (FAA), might allow; and
WHEREAS, the Tenant desires to lease the said property from the Landlord, and to that end,
in consideration of the premises, Tenant agrees to the covenants, terms and conditions to be
performed as set forth hereinafter; and
NOW, THEREFORE, in consideration of the mutual covenants hereinafter provided, and
receipt and sufficiency for consideration of which are hereby acknowledged, the parties have
agreed as follows:
1. RECITALS. The stated recitals are hereby incorporated by reference in this Lease
Agreement.
2. LEASED PREMISES. Subject to the terms and conditions set forth hereinafter, and in
accordance with the Principal Guiding Documents for Sebastian Municipal Airport, fully
incorporated herein by reference, the Landlord hereby leases to the Tenant and the Tenant
hereby rents from the Landlord that portion of the real property, by Tenant, which is
described more particularly on Schedule "A" affixed hereto and fully incorporated herein
by reference (hereafter referred to as the "Leased Premises"). In the event that any portion
of the Leased Premises is needed for actual improvements to the Airport, or any portion
thereof rendered unusable to Tenant, tenant shall be released from this lease and the rental
payments adjusted accordingly.
3. TERM OF LEASE. The term of this Lease shall be for a period of twenty (20) years
commencing October 1, 2023, and will end on the twentieth (20th) anniversary of such
date. The Tenant shall have the option to extend the lease for a period of five (5) years,
subject to re -appraisal of the rent amount by the City of Sebastian and with agree