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12-13-2023 CC Agenda
Lf HOME OF PELICAN ISLAND SEBASTIAN CITY COUNCIL REGULAR MEETING & COMMUNITY REDEVELOPMENT AGENCY (CRA) AGENDA WEDNESDAY, DECEMBER 13, 2023 — 6:00 P.M. CITY COUNCIL CHAMBERS 1225 MAIN STREET, SEBASTIAN, FLORIDA ALL AGENDA ITEMS MAY BE INSPECTED 17V THE OFFICE OF THE CITY CLERK OR ON THE CITY'S WEBSITE 1. CALL TO ORDER 3. PLEDGE OF ALLEGIANCE — Led by Council Member McPartlan 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications for additions require a unanimous vote of City Council 6. PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS Presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or actions under this heading. A. Proclamation - Congratulating the Sebastian River High School Varsity Football Squad for their Sunshine State Athletic Association Championship — Coach Tyrone Perry and the Football Team B. Introduction of New Community Development Director and CRA Manager Alix Bernard BriefAnnouncements: December 15 — Sebastian Police Department's Family Movie Night "Polar Express" — 6pm December 16 - Wreaths Across America at the Veterans Memorial at Riverview Park - Noon 7. PUBLIC INPUT 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 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. 1 of 435 8. RECESS THE CITY COUNCIL MEETING AND CONVENE THE COMMUNITY REDEVELOPMENT AGENCY MEETING pgs 7-10 A. Approval of Minutes — September 27, 2023 CRA Meeting 9. ADJOURN THE COMMUNITY REDEVELOPMENT AGENCY MEETING AND RECONVENE THE CITY COUNCIL MEETING 9. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. pgs I1-15 A. Approval to Name Archangel Engineering & Construction, Inc. as the Design - Build Firm to be Used in Response to RFQ 23-12 — Design Build Hangar D Office Spaces at Sebastian Municipal Airport and Authorizing Negotiations for a Guaranteed Maximum Price (GMP) Contract (Transmittal, Scoring Tab, R-23-13, Termination Letter) pgs 16-17 B. Approve the Renewal of the CAPERS Software Support Contract at an Annual Cost of $25,000.00 for the Current Year (Transmittal, Quote) pgs 18-47 C. Approve to Piggyback State Contract 43211500-WSCA-I5-ACS for the Purchase of Computers/Laptops from Computers At Work!, Inc. for the Amount of $47,586.15 and Authorize the City Manager to Execute (Transmittal, Quote, Contract, Summary, Amendment) pgs 48-56 D. Snow's Space Coast Superior Events — Winter Wonderland (Transmittal, Application, Insurance Certificate, Receipt) pgs 57-64 E. Snow's Space Coast Superior Events — Sweet Tea Sip and Stroll (Transmittal, Application, Insurance Certificate, Receipt) 10. 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. 11. PUBLIC HEARINGS Procedures for leeislative public hearings: Mayor opens hearing Attorney reads resolution title Staff presentation Public input Staff summation Mayor closes hearing Council deliberation and action 2 of 435 pgs 65-84 A. Consideration of Resolution No. R-23-37 Electing to Use the Uniform Method of Collecting a Non -Ad Valorem Special Assessment to be Levied within the Incorporated Area of the City of Sebastian (Transmittal, Ex. A & B, R-22-37) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ELECTING TO USE THE UNIFORM METHOD OF COLLECTING A NON -AD VALOREM SPECIAL ASSESSMENT TO BE LEVIED WITHIN THE INCORPORATED AREA OF THE CITY OF SEBASTIAN; STATING A NEED FOR SUCH LEVY; PROVIDING FOR ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. 12. UNFINISHED BUSINESS 13. NEW BUSINESS pg 85 A. Sebastian Stormwater Master Plan Update by Arcadis U.S., Inc. (Transmittal, plan can be accessed at https://www.cityofsebastian.org/486/4889/2023- Stormwater-Master-Plan-Information) pgs 86-254 B. Evaluation and Action on the StillDragon of North America, LLC Proposal in Response to Request for Proposal RFP #23-11 for the Sale and Redevelopment of City -Owned Property and Provision of a Mixed -Use Development at 100 Veterans Memorial Way, Sebastian, Florida (the Former Public Works Compound) (Transmittal, RFP#23-11, Proposal, Appraisal, CRA Master Plan Excerpt, Minutes Excerpt) pgs 255-282 C. Whelen Aerospace Technologies Lease Extension (Transmittal, Agreement, Extension) pgs 283-344 D. Approve Amendment to Sebastian Stormwater Park Cooperative Agreement to Incorporate St. Johns River Water Management District's Annexation of 0.82 Acre Parcel (Transmittal, Letter, Agreement, Plat Book 7, Page 86 and 363, Official Record, Plan) pgs 345-349 E. Approve the Proposals with Shenandoah Slip Lining for Slip Lining at Four Locations Along Schumann Drive (Transmittal, Proposals) pgs 350-395 F. Approve Resolution No. R-23-36; Approval of Amendment #1 to the FDOT Public Transportation Grant Agreement (PTGA) for Runway 05-23 Rehabilitation; and Approval for the City Manager to Execute the Appropriate Documents (Transmittal, R-23-36, Amendment, Grant) A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION GRANT AGREEMENT (PTGA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR FUNDING THE DESIGN COST OF FM451510-1-94-01 "RUNWAY 05-23 ASPHALT REHABILITATION" AT THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. 3 of 435 pgs 396-403 G. Approve the Purchase of New Security Hardware, Along with the Renewal and Upgrade of Software Licenses from Layer 3 Technologies using the Piggyback of Omnia Partners Contract Number 01-155 in the Amount of $169,360.00 and Authorize the City Manager to Execute all Appropriate Documents (Transmittal, Quote, Contract, Letter) pgs 404-407 H. Approve the Joint Special Event Agreement with the Rotary Club of Sebastian Recreational Foundation, Inc. and Authorize the Mayor to Execute the Appropriate Documents (Transmittal Agreement) pgs 408-415 I. Authorize the Purchase of a John Deere 190GW Wheeled Excavator in the Amount of $374,128 from Dobbs Equipment for the Stormwater Department and Authorization for the City Manager to Execute all Appropriate Documents (Transmittal, Quote, Notice of Award, Quotes) pgs 416-427 J. Review Resolution No. R-21-32 City Council Meeting Procedures (Transmittal R-21-32, Legislative Markup) pgs 428-435 K. City Attorney Request for Direction on Codification of Certain Procedural Matters Relating to Council and Citizen Advisory Boards Including Training on Law, Ethics, and Procedures (Transmittal, R-22-15) 14. CITY ATTORNEY MATTERS 15. CITY MANAGER MATTERS 16. CITY CLERK MATTERS 17. CITY COUNCIL MATTERS A. Council Member Nunn B. Vice Mayor Dixon C. Mayor Dodd D. Council Member McPartlan E. Council Member Jones 18. 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 TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (F. S.286.0105) IN COMPLIANCE WITH THE AMERICAN WITH DISABILITIES ACT (ADA) OF 1990, ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR AT 388-8226 — ADA @CITYOFSEBASTIAN.ORG AT LEAST 48 HOURS IN ADVANCE OF THIS MEETING. 4 of 435 ZOOM INFORMATION Please click the link to join the webinar: https:Hus02web.zoom.us/i/84028431596 Or One tap mobile : +13052241968„84028431596# US +19294362866„84028431596# US (New York) Webinar ID: 840 2843 1596 International numbers available: https://us02web.zoom.us/u/kesrIDB3Uz 5 of 435 PROCEDURES FOR PUBLIC INPUT IN ACCORDANCE WITH RESOLUTION NO. R-21-32 Regular City 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. Workshops and Special Meetings Public input is limited to the item on the agenda Time Limit Input on agenda items where public input is permitted on agendas is FIVE MINUTES; however, City Council may extend or terminate an individual's time by majority vote of Council members present. Input Directed to Chair Speakers shall address the City Council IMMEDIATELY PRIOR TO CITY COUNCIL DELIBERATION of the agenda item and ALL INPUT SHALL BE DIRECTED TO THE CHAIR, unless answering a question of a member of City Council or City staff. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, providing, however, the Mayor and members of City Council may recall an individual to provide additional information or to answer questions. Certain Remarks Prohibited Personal, impertinent, and slanderous remarks, political campaigning, and applauding are not permitted and may result in expulsion from the meeting. The Chair shall make determinations on such remarks, subject to the repeal provisions below. Appealing Decisions of Chair Any member of Council may appeal the decision of the Chair to the entire Council. A majority vote of City Council shall overrule any decision of the Chair. Public Input Heading on Agenda The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals to bring NEW INFORMATION OR REQUESTS TO CITY COUNCIL NOT OTHERWISE ON THE PREPARED AGENDA. Individuals are asked to attempt to resolve matters with staff prior to meetings. Individuals are asked to provide copies of material for Council one week prior to the meeting if they intend to refer to specific material. City Council will not debate an issue during Public Input but may by consensus direct a Charter Officer in regard to the item if necessary or place a requested item on a future agenda. 6 of 435 tm of SEBAS-T�N HOME OF PELICAN ISLAND C,OMMUNITY REDEVELOPMENT AGENCY 1225 Main Street, Sebastian, FL 32958 The attached September 27, 2023 Community Redevelopment Agency minutes were approved at the December 13, 2023 Community Redevelopment Agency meeting. Chairman Ed Dodd ATTEST: Jeanette Williams, City Clerk 7 of 435 CRA & Final Budget Hearing Regular City Council Meeting September 27, 2023 Page 2 Mr. Bruckner displayed a PowerPoint outlining the United Way's mission and services provided for the community. (See attached) 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 27 — City ofSebastian 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 6:1 Spm Movie Night Out — Hotel Transylvania Begins at 7 :1 Spm Vice Mayor Nunn announced the election deadlines and the upcoming events. 7. Mayor Jones recessed the City Council meeting and convened the Community Redevelopment Agency meeting at 6:09 p.m. A. Approval of Minutes — June 28, 2023 CRA Meeting MOTION by Mr. McPartIan and SECOND by Vice Chairman Nunn to approved the June 28, 2023 minutes. Roll call: Vice Chairman Nunn - aye Ms. Dixon - aye Mr. Dodd - aye Mr. McPartlan - aye Chairman Jones - aye Motion carried. 5-0 B. Consider Resolution No. R-24-01 Adontiniz the River&ont Communitv Redevelopment Agencv (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 SCRTVENER'S ERRORS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 8 of 435 CRA & Final Budget Hearing Regular City Council Meeting September 27, 2023 Page 3 The City Attorney read the title to Resolution No. R-24-01. The City Manager said the agency must adopt a budget each year and he asked for approval. The City Manager displayed Exhibit A on the overhead screen. There was no public input. MOTION by Mr. Dodd and SECOND by Ms. Dixon to approve Resolution No. R-24-01 with Exhibit A incorporated. Roll call: Ms. Dixon - aye Mr. Dodd - aye Mr. McPartlan - aye Chairman Jones - aye Vice Chairman Nunn - aye Motion carried. 5-0 C. Consideration of a Motion Making a Recommendation to the Citv Council on How to Best Pursue the Redeveloument of the Harbor Lights Property (Transmittal. F.S.163.380. Master Plan Excemt. RFP) The City Manager said this was the second time the City has requested a proposal and once again the City hasn't received any proposals. He asked what the recommendation they should give to City Council. Mr. Dodd proposed that they take option 2 which will give them a better opportunity for when they need to decide what to do with the chamber of commerce building. MOTION by Mr. Dodd to go with option 2 - keep the as undeveloped public space in compliment with the CRA and adjacent public space. Ms. Dixon said she favored options l and 2 but not 3. She said she wasn't aware of how bad the situation was with the chamber building. Vice Chairman Nunn asked if anyone wanted to sell the property. Chairman Jones responded that they talked about getting the property back on the marker. Mr. McPartlan asked what the appraised value was. The City Manager said the appraisal was completed in 2020 that included the building. He offered that they could obtain a new appraisal without the building and reminded them that the use has to be for public uses that are consistent with the CRA master plan. Jordan Lulich, Attorney, representing a client that has acquired the property directly south of the Harbor Lights property who is interested in the property. Chairman Jones asked if his client was aware of the CRA master plan conditions. Mr. Lulich responded that he was aware of conditions and would have to evaluate the conditions a little closer. Damien Lee Gilliams said the property is historic and he would like to see the property go for something for the community such as more boat parking. 9 of 435 CRA & Final Budget Hearing Regular City Council Meeting September 27, 2023 Page 4 MOTION by Mr. Dodd and SECOND by Mr. McPartlan to not take action on this item and move it forward to City Council. Vice Chairman Nunn noted the proposal did not include the parcel next to the water. Roll call: Mr. Dodd - aye Mr. McPartlan - aye Chairman Jones - aye Ms. Dixon - aye Vice Chairman Nunn - aye Motion carried. 5-0 D. Request for Pr000sal (RFP#23-11) for the Sale and Redevelopment of Cifiv- Owned Pronertv and Provision of a Mixed -Use Develonment Located at 100 Veterans Memorial Hinhway. Sebastian. Florida Situated in the Community Redevelopment Area (Transmittal, RFP#23-11. Resnonse, Annraisal, Master Plan Excerpt) The City Manager said the request for proposal was released on May 15 with a mandatory site visit that took place on June 7 and the City did received one proposal from StillDragon who would like to make a presentation. There was a consensus of the board to move the proposal to City Council. 8. Chairman Jones adjourned the Community Redevelopment Agency meeting at 6:25 p.m. and reconvened the City Council meeting. 9. PUBLIC HEARINGS A. Final Hearine on Millaae for Calendar Year 2023 and FY 2023/2024 Budget i. The City Attorney cited F.S.200.065(2)(c) outlining the method of fixing the millage and read the titles of Resolution Nos. R-23-24 and R-23-25. ii. The City Manager announced the final millage tax rate of 3.1955 is recommended which in accordance with FS is 21.62% higher than the computed rolled -back mileage rate, These revenues will be applied to general fund expenditures projected in fiscal year 2023 and 2024. He advised there was budget work in August, we had a tentative millage that was advertised as 3.1955 and the first public hearing was held last Monday whereby a few changes were made. The document was placed on the website with those changes. He offered to answer any questions and recommended approval. iii. Mavor Jones opened the public hearing for both the final millage and oronosed budget however there were no individuals to sneak. 10 of 435 I10N11 eel PI I IC1N ISI ANO ("ITY CO UNCIL AG NDA TRANSMITTAi, Council 11cctitl l� );itc: Deccmber 13, 2023 ,keenda Item Title: Approval to name Archangel lingincering & Conslruction, lnc. as the lksign-Build firm to be used in response to I O 23-12 -_1) 5i n-Build lian ar 1) ()f'ticc S accti at Sebastian Municipal Airport and authorizing negotiations for a Guarantccd Maximum Price (GMP) contract. Recommendation: Staff recommends City Council select Archangel Iingincering & Construction. Inc. as the Design -Build firm to design and construct the Office; Spaces in I langar 1)"', and authorize the City Manager to negotiate a Work Services A€nccment with a GMP for City Council approval at a future meeting. Backeround: On June 14, 2023, City Council passed Resolution R-23-13 approving a I-'DOI' Public Transportation Grant Agreement (PTGA) allowing $400,000 in funds for the Build -out of the Office Spaces in the newly -leased Hangar "D". hollowing the published invitation of RI:Q 23-12, an evaluation committee independently scored and unanimously recommended C & D Construction Group, Inc., to be used for this project. Staff has been unable to reach an acceptable agreement on cost and timing with C & D Construction. and negotiations have been terminated. Archangel Engineering & Construction, Inc. was the second -highest scored Linn in the bid tabulations. City staff would like to begin negotiations with Archangel for this project. This work is necessary to complete the interior spaces and achieve a Certificate of Occupancy for the new tenant, PROFLIGIIT Management, LLC. The 20% grant -matching costs and any additional costs beyond the $400,000 total will be borne ' by the tenant. This Agenda Item Does Not Requires the Expenditure of Funds Total Budget: $400,000.00 FDOT $320,000.00 Tenant Match $80,000.00 Attachments: 1. Itl.Q 23-12 Scoring 'I *abu lation 2. Resolution R-23-13 3, l,cttcr Terminating Negotiations with C & 1) Construction Administrative Services Departrns: teview: ! �t City Attorney Review: U ! I'rucurcmcnt Division Review, Y'applicahle: �l I Oily Manager Authorization: Date: 11 of 435 an0F HOME OF PELICAN ISLAND Administrative Services Department Procurement Division 1225 Main Street Sebastian, FL 32958 (772) 388-8232 RFQ #23-12, DESIGN -BUILD HANGAR D OFFICE SPACE BUILD -OUT City Employee Archangel Engineering & C & D Construction Stratum Contracting & Construction Construction Management Jeff Sabo 390 370 280 Keith Keitz 260 300 270 Paul Chaplain 360 400 270 TOTAL POINTS 1,010 1,070 820 Page l of 1 12 of 435 RESOLUTION NO. R 23-13 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION GRANT AGREEMENT (PTGA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR FUNDING OF GRANT NUMBER FM449620-1-94-01 "HANGAR D OFFICE BUILDOUT" AT THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. Whereas, the Sebastian Municipal Airport Hangar ' D" was recently granted Significant Completion status; and Whereas, the FDOT has extended a Public Transportation Grant Agreement (PTGA) FM449620-1-94-01 for the Design and Buildout of the Office Spaces in Hangar D at the Sebastian Municipal Airport, providing for 80% of the actual project cost of $400,000, said project cost for the City of Sebastian is estimated to be $80,000 and Whereas, the City of Sebastian desires to complete the building for occupation and agrees to the conditions of such funding. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. AUTHORIZATION. The City Manager is hereby authorized to execute said Public Transportation Grant Agreement #FM449620-1-94-01 on behalf of the City. Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict are hereby repealed. Section 3. SEVERABILITY. The provisions of this Resolution are intended to be severable. If any provision of this Resolution is determined to be void or is declared illegal, invalid, or unconstitutional by a Court of competent jurisdiction, the remainder of this Resolution shall remain in full force and effect. 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. 13 of 435 Section 5. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Council Member McPartlan The motion was seconded by Council Member Dunn and, upon put to a vote, the vote was as follows: Mayor Fred .cones aye Vice Mayor Chris Nunn aye Council Member Bob McPartlan aye Council Member Kelly Dixon aye Council Member Ed Dodd aye The Mayor thereupon declared this resolution duly Massed and adopted this 14"' day of June, 2023. ATTEST: anette Williams, City Clerk CITY OF SEBASTIAN, FLORIDA Mayor Fred Jones Approved as to farm and legality for reliance by the City of Sebastian only: r A /rew4ai. InteriCity Attorney 14 of 435 CU(f $EBAST-M HOME OF PELICAN ISLAND TERMINATION OF NEGOTIATIONS December 8, 2023 Curtis Deen President C & D Construction Inc. 395 South Range Rd. Cocoa, FL 32926 Administrative Services Department Procurement Division 1225 Main Street Sebastian. FL 32958 (772)388-8231 SUBJECT: Notice to Terminate Negotiations LAW Pursuant to Section 287,055(5)(b), Florida Statutes (2022) RFQ 23-12 Design Build Hangar D Office Spaces at the City of Sebastian Municipal Airport Mr. Deen: The City of Sebastian and C & D Construction Inc. have been unable to negotiate a satisfactory contract on the terms, scope and fee for the subject project. Persuant to Section 287.055(5)(b) Florida Statutes (2022), this letter is the City's formal Notice to Terminate Negotiations in its entirety and notification that no award will be made to C & D Construction, Inc. We thank you for your time and interest in our project and look forward to your participation in future projects. Should you have any questions, please feel free to contact me directly via the contact information in the header. Si rely, Brian Ben n, City Manager CC: Kenneth W. Killgore, Chief Financial Officer/Administrative Services Director Jennifer Cockcroft, City Attorney Jeannette Williams, City Clerk Jeff Sabo, Airport Manager 15 of 435 L IIl0 SEgAsTIAN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetine Date: December 13, 2023 Agenda item Title: Approve the renewal of the CAPERS software support contract at an annual cost of $25,000,00 for the current year and permit staff to continue to renew CAPERS support as long as the software needs to be used. Recommendation: Staff recommends approval of the renewal of the CAPERS software support contract for this year and permitting staff to continue to renew CAPERS support as long as the software needs to be used. Backeround: To maintain compliance with the FBI's Criminal Justice Information Services (CJIS) security policies, under section 5,14 SA-22, it is required that systems must be maintained under an active support contract, or its use must be discontinued. This support contract is for the Police Department's Computer Aided Dispatch (CAD) and Record Management System (RMS). If Agenda Item Requires Exnenditure of Funds: Budgeted Amount: $25,000.00 Total Cost: $25,000 Funds to Be Utilized for Appropriation: Discretionary Sales Taxes Attachments: 1, Quote For Renewal From Capers Administrative Services Department Review: a City Attorney Review: / -„ l Procurement Division Review, if applicable: (: U City Manager Authorization: Date: ) a/ 6 / a b A,7u 16 of 435 CAPERS Sebastian Police Department 1201 Main Street Sebastian, FL 32958 Support Renewal -1 Year CAPERS Software Support Renewal February 1, 2024 - January 31, 2025 CAPERS Software Support Renewal February 1, 2024 - January 31, 1.00 2025 Quote Terms: Quote Quote No.: Q-0111 Date: October 11, 2023 Quote Expires: 30 Nov 2023 25,000.00 Subtotal Sales Tax 0% Quote Total Thank you for your business www.caperssoftviare.com 25,000.00 $ 2 5, 000.00 $0.00 $25,000.00 17 of 435 arvar rpl- HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetins Date: December 13th, 2023 Aeenda Item Title: Approve to Piggyback State Contract 43211500-WSCA-15-ACS for the purchase of computers/laptops from Computers At Work!, Inc. for the amount of $47,586.15 and authorize the City Manager to execute. Recommendation: Staff recommends that council APPROVE the Piggyback of FL State Contract 43211500-WSCA-15-ACS for the purchase of fifteen (15) Dell rugged laptops for the police department at a cost of $47,586.15 and authorize the City Manager to execute. Background: The Management Information Systems Department and the Police Department requests City Council's approval to piggyback FL State Contract 43211500-WSCA-I5-ACS for the purchase of fifteen (15) Dell laptops for the Police Department. Piggybacking guarantees that the same pricing and contract terms will be honored while the contract is active; this includes any contract extensions or renewals. The Contract Period is froth September 30, 2015 to January 31, 2024. To maintain compliance with the FBI's Criminal Justice Information Services (CJIS) security policies and to ensure equipment warranty, regular replacement is required, To accomplish this, MIS has implemented a revolving replacement plan for the Police Department which is synced with their vehicles. This is to ensure that the equipment provided for the vehicle will work together for the lifespan of the vehicle. I_ f Agenda Item Reouires Exnenditure of Funds_: Budgeted Amount: $47,586.15 Total Cost: $47,586,15 Funds to Be Utilized for Appropriation: Discretionary Sales Taxes Attachments: 1. Vendor's Quote 2. State of Florida DMS Contract information 3. Master Agreement Summary and Amendment Administrative Service/Depart t Review:' 1 City Attorney Review: Procurement Division, applicable: 1 City Manager Authorization: -kr Date: A)] 41-2a.�'] 18 of 435 Computers At Work!, Inc. 2338fmmokaleeRd. #151 PROPOSAL ABA Noples, FL 34110 Phone: (239)5I4-2888 CAWQ29904-02 �vTECH i0 Fax: (239)2362232 Quoted: Nov 21, 2023 www.vTECHio.com Expires: Dec 21, 2023 EIN:32-1758837 City of Sebastian City of Sebastian Dan Beeman Barbara Brooke -Reese Barbara Brooke -Reese Dan.beeman@vtechio.com 1225 Main St 1225 Main St 813-777-7651 Sebastian, FL 32958 Sebastian, FL 32958 To accept this proposal, sign here and return: United States United States Phone (772) 473-2799 Date: Email breese@cityofsebastian.org Customer Purchase Order dumber: Please review quote for shipping address and accuracy of each item BEFORE placing order. Terms: Net45 Days Description ProductQtY De It Latitude 5430 Rugged = to 1'(" $2,913.79 15 $43,706.85 Estimated delivery date: Dec.13, 2023 Intel Core Processor i7-1185G7, (QC, 3.0 to 4.3 GHz, 28W, vPro) i19 Brim Windows 11 Pro, English, French, Spanish cv) AQt t' No Microsoft Office License Included >st€ e(:5n Intel Core vPro i7-1185G7 with Iris Xe Graphics ? ik r t•It1. ME Lockout MOD - Manageability t i Anf tt 16GB, 2x8GB, 3200 MHz DDR4 Nan-ECC stc A(IIt 256GB M.2 PCIe NVMe Class 35 Solid State Drive 1:11: 10151? 14" Touch 1100 nits WVA FHD (1920 x 1080) 100% sRGB s-j€ Baca Anti -Glare, Outdoor Viewable English US RGB Backlit Sealed Internal keyboard SN3 Bit t No Mouse r.ititl[c Intel AX210 WLAN Driver P11(( Intel AX210 Wireless Card with Bluetooth RI+c. 11 4G CAT16 - Qualcomm(R) Snapdragon(TM) X20 LTE (DWS821 e), eSIM, AT&T, NMEA GPS port Hot surface warning label 36" t C 6 L Primary 3 Cell 53.5 Whir ExpressCharge Capable Battery 1151 u(W 65W Type-C EPEAT Adapter 4C:? f;Cx11 No Fingerprint, no Smartcard reader ;a'= Hlt[?t: No Anti -Virus Software tt' AAA!,, OS -Windows Media Not Included G1Is Ah'i %Q E4 Power Cord 1 M for US °•?; ntata Setup and Features Guide No Carrying Case (r i'EiE a Dummy Airbay Cover No Resource USE Media SERI Guide (ENG/FR/Multi) ENERGY STAR Qualified ,h% Ni3rr Custom Configuration 1 of 2 19 of 435 Line, Description Product t Unit Price Qty Ext. Price Dell Applications for Windows 11 65A HFII, Mix Ship, Notebook, 5430 Rugged 34[F CYX Intel Core i7 non-vPro Processor Label M1-DkuV BTO Standard Shipment (VS) 00 riBQK No UPC Label 380 BCGW EPEAT 2018 Registered (Silver) 319-RDTO Microphone +RGB HD camera; Touch; WLAN/WWAN antennae; 3i5'-8BHV Pogo vehicle docking and RIP passthrough No Option Included 340 ACQQ No AutoPilot 340.(KSZ Additional USB-A rear port 990 Y111H Additional TBT/Type-C port 31S P[ .1L Rigid handle tat' A[VK ProSupport: Next Business Day Onsite, 2 YearS Extended Sur, PE3 ProSupport: Next Business Day Onsite, 3 Years 6611 r.184 Dell Limited Hardware Warranty Initial Year 80f: 61,0O ProSupport: 7X24 Technical Support, 5 Years 1108 iih13 Dell Limited Hardware Warranty Extended Year(s) 975-34fi.. Thank you choosing Dell ProSupport. For tech support, visit a44� //support.dell.com/ProSuppor-t Keep Your Hard Drive, 5 Year 118R 93111. Havis - Mounting component (rugged cradle) fortablet (low AA30iSCn $258.62 15 $3,879.30 profile) - lockable - screen size: 11-inch-14-inch Estimated delivery date: Feb. 25, 2024 State Contract 43211500-WSCA-I5-ACS and Contract Code 111:Cr, 113 4 WN08AGW C0000000108S3 Totals Your investment in addition to the Grand Total: Subtotal $47,586.15 $0.00 Billed Monthly VTEC � Io Tax $0.00 $0.00 Billed Quarterly Shipping $0.00 $0.00 Billed Annually www.vTECHio.com Grand Total $47,586.15 Pricing, Taxes, and Additional Information All product, pricing, and other information is valid for U.S. customers and U.S. addresses only, and is based on the latest information available and may be subjectto change. vTechio reserves the right to cancel quotes and orders arising from pricing or other errors. Sales tax on products shipped is based on your "Ship To" address. Please indicate any tax-exempt status on your PO, and email your exemption certificate to DJ.peterson@vtechio.com . Note: All tax quoted above is an estimate; final taxes will be listed on the invoice. If you have any questions regardingtax please send an a -mail to DJ.peterson@vtechio.com For certain products shipped to end -users in California, a State Environmental Feewill be applied to your invoice.'""A 3.5%convenience fee will be charged for credit card purchases— By signing this quote you acknowledge having read and agree to be bound by such terms. 2of2 20 of 435 Skip to Main Content Department of Management Services Florida Department of Manaqement Services > Business Operations > State Purchasinq > State Contracts and Agreements > Alternate Contract Source > Computer Equipment, Peripherals, and Services Return Computer Equipment, Peripherals, and Services43211500-WSCA-I5-ACS Effective Period Contract Type Contract Information Contract Documents Contract Administration Commodity Codes Additional Information Contract Details 09/30/2015 through 01/31/2024 Alternate Contract Source Contractors Pricing ��II How to Use This Contract (L.' 351.57 KB) Contractors by Product Category (�__ 37.15 KB) Employee Discounts Service Updates Participating Addenda Master Agreements BradleyBeech 850-487-9847 bradlev.beech(&dms.fl.Qov Please refer to "How to Use This Contract" in the Contract Information section above. The Division of State Purchasing informs customers that the alternate contract source for Computer Equipment, Peripherals, and Services (43211500-WSCA-I5-ACS) will expire on January 31, 2024. Any purchase orders issued under the expiring alternate contract source on or before January 31, 2024, may be used up to twelve months after the contract expiration date. The division intends to replace the expiring alternate contract source with a new alternate contract source on or before October 31, 2023. The division recommends that customers issue purchase orders prior to the current contract expiration date to address any immediate purchasing needs. If for some reason this purchasing process does not meet your agency's needs, the division will be available to process agency alternate contract source requests using the Agency Request for Approval of Alternate Contract Source (ACS) (PUR 7102). A service update will be posted when additional information regarding the new alternate contract source is available. Start and end dates vary by contractor: • Apple, Inc.: 9/3/2015 through 1/31/2024 • Dell Marketing LP.: 9/3/2015 through 1/31/2024 + EMC Corporation: 8/15/2015 through 1/31/2024 • HP Enterprise (Back Office Products): 9/1/2015 through 1/31/2024 • HP, Inc. (Front Office Products): 8/15/2015 through 10/31/2023 • IBM Corporation: 8/17/2015 through 1/31/2024 • Microsoft: 5/5/2015 through 1/31/2024 • Netapp, Inc.: 8/17/2015 through 1/31/2024 • Pure Storage Inc.; 8/17/2015 through 1/31/2024 Description This alternate contract source provides computer equipment and peripherals, including desktops, laptops, tablets, servers, and storage; this contract is only available for products that are not available on state term contracts. 21 of 435 PARTICIPATING ADDENDUM to the NASPO ValuePoint Cooperative Procurement Program COMPUTER EQUIPMENT MASTER AGREEMENT Administered by the State of Minnesota Master Agreement No: MNWNC-108 Dell Marketing, L.P. And The State of Florida Alternate Contract Source No. 43211500-WSCA-I5-ACS Page 1 of 9 Scope: The State of Minnesota, Department of Administration, Materials Management Division publicly conducted a Request for Proposal on behalf of the State of Minnesota and the National Association of State Procurement Officials Cooperative Procurement Program (NASPO ValuePoint) resulting in Master Agreement number M NWNC-108. The Master Agreement led by the State of Minnesota along with a multi -state sourcing team, was created for use by state agencies and other entities that are authorized by that state's statutes to utilize cooperative agreements, upon written approval of the State's chief procurement official. The Master Agreement for computer equipment (desktops, laptops, tablets, servers, and storage, and ruggedized devices, including related peripherals & services) identifies the product bands awarded to the Contractor. This Participating Addendum (Addendum) is made and entered into as of the Effective Date by and between the State of Florida (Participating State) and Dell Marketing, L.P. (Contractor). This Addendum allows for purchase of computer equipment from the Master Agreement. This Addendum shall not diminish, change, or impact the rights of the Lead State with regard to the Lead State's contractual relationship with the Contractor under the terms of the Master Agreement. Participation: Use of specific NASPO ValuePoint cooperative agreements by eligible users authorized by a Participating State's statutes are subject to the prior approval of the respective State Chief Procurement Officer. Issues of interpretation and eligibility for participation are solely within the authority of the State Chief Procurement Officer. 3. Order of Precedence: In the event of a conflict, the following documents shall have priority in the order set forth below: a. This Participating Addendum b. Exhibit 2, PUR 1000 c. Exhibit 1, Minnesota NASPO ValuePoint Master Agreement No. MNWNC-108. 4. Participating State Modifications or Additions to Master Agreement: A. Upon execution of this Addendum, all eligible users may purchase products and services under contract using the Florida alternate contract source number 43211500-WSCA-I5-ACS. 22 of 435 PARTICIPATING ADDENDUM to the NASPO ValuePoint Cooperative Procurement Program COMPUTER EQUIPMENT MASTER AGREEMENT Administered by the State of Minnesota Master Agreement No: MNWNC-108 Dell Marketing, L.P. And The State of Florida Alternate Contract Source No. 43211500-WSCA-15-ACS Page 2 of 9 Eligible users acknowledge and agree to be bound by the terms and conditions of the Master Agreement except as otherwise specified in this Addendum. 1. The following are modifications to the Master Agreement: a. PUR 1000 Form:, General Contract Conditions, is attached hereto and incorporated herein as Exhibit 2. b. Discriminatory Vendors. A vendor placed on the discriminatory vendor list pursuant to section 287.134 of the Florida Statutes may not be awarded or perform work as a contractor, supplier, sub -contractor, or consultant under a contract with any public entity; or transact business with any public entity. c. Effective Date: This Addendum shall become effective on the last date signed below and is coterminous with Exhibit 1, unless terminated earlier by the Participating State. d. Vendor Registration and Transaction Fees: In order to complete any transaction between an eligible user and the Contractor, the Contractor must be registered with the Department of State, Division of Corporations (www.sunbiz.org) and in MVFloridaMarketPlace. Section 287.042(1)(h), Florida Statutes, and Rule 60A-1.031, Florida Administrative Code, is hereby incorporated by reference. All transactions are subject to a transaction fee pursuant to the rule. e. Purchases: In order to procure products and services hereunder, eligible users shall issue purchase orders or use a purchasing card which shall reference Florida alternate contract source number 43211500-WSCA-I5-ACS. Eligible users are responsible for reviewing the terms and conditions of this Addendum including all Exhibits. f. Compliance with Laws: The Contractor shall comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of federal, State, and local agencies having jurisdiction and authority. By way of non -exhaustive example, Chapter 287 of the Florida Statutes and Rule 60A-1 of the Florida Administrative Code govern this Addendum. By way of further non -exhaustive example, the Contractor shall comply with section 274A of the Immigration and Nationalization Act, the Americans with Disabilities Act, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran's status. Violation of any laws, rules, codes, 23 of 435 PARTICIPATING ADDENDUM to the NASPO ValuePoint Cooperative Procurement Program COMPUTER EQUIPMENT MASTER AGREEMENT Administered by the State of Minnesota Master Agreement No: MNWNC-108 Dell Marketing, L.P. And The State of Florida Alternate Contract Source No. 43211500-WSCA-15-ACS Page 3 of 9 ordinances, or licensing requirements shall be grounds for termination or nonrenewal of this Addendum. g. Additional Eligible User Terms: If any additional ordinance, rule, or other local governmental authority requires additional contract language before an eligible user can make a purchase under this Addendum, the eligible user is responsible for entering a separate agreement with the Contractor and capturing that additional contract language therein. h. Provisions of section 287.058, Florida Statutes: The provisions of section 287.058(1)(a)- (c) and (g), Florida Statutes, are hereby incorporated by reference. i. Public Records: The Contractor shall allow public access to all documents, papers, letters, or other material made or received by the Contractor in conjunction with this Addendum, unless the records are exempt from section 24(a) of Article I of the State Constitution or subsection 119.07(1), Florida Statutes. The Participating State may unilaterally terminate this Addendum if the Contractor refuses to allow public access as required in this section. If, under this Addendum, the Contractor is providing services and is acting on behalf of the public agency as provided under subsection 119.011(2), Florida Statutes, the Contractor must: (1) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. (2) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (4) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the Contractor upon termination of this Addendum and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to public agency in a format that is compatible with the information technology systems of the public agency 24 of 435 PARTICIPATING ADDENDUM to the NASPO ValuePoint Cooperative Procurement Program COMPUTER EQUIPMENT MASTER AGREEMENT Administered by the State of Minnesota Master Agreement No: MNWNC-108 Dell Marketing, L.P. And The State of Florida Alternate Contract Source No. 43211500-WSCA-15-ACS Page 4 of 9 j. The State of Florida's performance and obligation to pay under this Addendum is contingent upon an annual appropriation by the Legislature. The vendor shall comply with section 11.062, Florida Statutes and section 216.347, Florida Statutes, prohibiting use of funds to lobby the Legislature, Judicial, or state agencies. B. Contract Document: This Addendum and its Exhibits set forth the entire agreement between the parties with respect to the subject matter of the contract. C. Intellectual Property: The parties do not anticipate that any intellectual property will be developed as a result of this Addendum. However, any intellectual property developed as a result of this Addendum will belong to and be the sole property of the Participating State. This provision will survive the termination or expiration of the contract. D. Employment Eligibility Verification: Pursuant to State of Florida Executive Orders Nos.: 11-02 and 11-116, Contractor is required to utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment of all new employees hired by the Contractor during the contract term. Also, Contractor shall require resellers/partners performing work or providing services under this Addendum to utilize the E-Verify system to verify employment of all new employees hired by the reseller/partner during the Addendum term. E. Price List/Preferred Price: The Contractor's price list will be the same as the WSCA-NASPO price list, and the Department will post a link on the Department's website to the price list posted on the WSCA-NASPO website. Contractors are encouraged to provide special pricing and/or tiered discount rates applicable to State of Florida Eligible Users wherever possible. Paragraph 4(b) of the PUR1000 is not applicable. Scrutinized Company List: In executing this Addendum, Contractor certifies that it is not listed 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 Statutes. Pursuant to subsection 287.135(5), Florida Statutes, Contractor agrees the Participating State may immediately terminate this Addendum for cause if the Contractor is found to have submitted a false certification or if Contractor is placed on the Scrutinized 25 of 435 PARTICIPATING ADDENDUM to the NASPO ValuePoint Cooperative Procurement Program COMPUTER EQUIPMENT MASTER AGREEMENT Administered by the State of Minnesota Master Agreement No: MNWNC-108 Dell Marketing, L.P. And The State of Florida Alternate Contract Source No. 43211500-WSCA-15-ACS Page 5 of 9 Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List during the term of the Addendum. G. Orders: Any Order placed by eligible users for a product and/or service available from the Master Agreement shall be deemed to be a sale under and governed by the prices and other terms and conditions of the Master Agreement and this Addendum. 1. The Contractor agrees to meet the following requirements: a. Provide appropriate contact information for eligible users to use for product and/or service inquiries and purchases, as well as, the most up-to-date product/service offering the Contractor is authorized to provide in accordance with the Master Agreement; and b. If orders are to be sent to resellers/partners for fulfillment then the Contractor is responsible for providing and updating this list of authorized resellers/partners for use to the Participating State/Entity. 2. Contractor must be able to accept purchase orders via fax, e-mail, or cXML as identified in HA below. H. Electronic Invoicing: The Contractor shall supply electronic invoices in lieu of paper -based invoices for those transactions processed through the MyFloridaMarketPlace (MFMP) within ninety (90) days from Addendum effective date. Electronic invoices shall be submitted to the agency through the Ariba Network (AN) in one of three mechanisms as listed below: 1. cXML (commerce eXtensible Markup Language) This standard establishes the data contents required for invoicing via cXML within the context of an electronic environment. This transaction set can be used for invoicing via the AN for catalog and non -catalog goods and services. The cXML format is the Ariba preferred method for e-Invoicing. 2. EDI (Electronic Data Interchange) This standard establishes the data contents of the Invoice Transaction Set (810) for use within the context of an Electronic Data Interchange (EDI) environment. This transaction set can be used for invoicing via the AN for catalog and non -catalog goods and services. 26 of 435 PARTICIPATING ADDENDUM to the NASPO ValuePoint Cooperative Procurement Program COMPUTER EQUIPMENT MASTER AGREEMENT Administered by the State of Minnesota Master Agreement No: MNWNC-108 Dell Marketing, L.P. And The State of Florida Alternate Contract Source No. 43211500-WSCA-15-ACS Page 6 of 9 3. PO Flip via AN The online process allows Contractors to submit invoices via the AN for catalog and non - catalog goods and services. Contractors have the ability to create an invoice directly from their Inbox in their AN account by simply "flipping" the PO into an invoice. This option does not require any special software or technical capabilities. For the purposes of this section, the Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third party provider of MFMP, a state contractor, the right and license to use, reproduce, transmit, distribute, and publicly display within the system the information outlined above. In addition, the Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third party provider the right and license to reproduce and display within the system the Contractor's trademarks, system marks, logos, trade dress, or other branding designation that identifies the products made available by the Contractor under the contract. The Contractor will work with the MFMP management team to obtain specific requirements for the electronic invoicing if needed. Contract Quarterly Reports: The Contractor shall submit a Quarterly Report in the required format electronically to the Participating State/Entity within 30 days of the end of the quarter. The Participating State/Entity reserves the right to require the Contractor to provide additional reports within 30 days written notice. Failure to provide the Quarterly Report or other reports requested by the Participating State/Entity may result in the Contractor being found in default and may result in termination of this Addendum. Sales will be reviewed on a quarterly basis. Should no sales be recorded in two consecutive contract quarters, the Participating State/Entity may terminate this Addendum. J. Business Review Meetings: The Participating State/Entity reserves the right to schedule business review meetings as frequently as necessary. The Participating State/Entity will provide the format for the Contractor's agenda. Prior to the meeting, the Contractor shall submit the completed agenda to the Participating State/Entity for review and acceptance. The Contractor 27 of 435 PARTICIPATING ADDENDUM to the NASPO ValuePoint Cooperative Procurement Program COMPUTER EQUIPMENT MASTER AGREEMENT Administered by the State of Minnesota Master Agreement No: MNWNC-108 Dell Marketing, L.P. And The State of Florida Alternate Contract Source No. 43211500-WSCA-I5-ACS Page 7 of 9 shall address the agenda items and any of the Participating State/Entity's additional concerns at the meeting. Failure to comply with this section may result in the Contractor being found in default and Addendum termination. Commitment to Diversity in Government Contracting: The State of Florida is committed to supporting its diverse business industry and population through ensuring participation by minority-, women-, wartime-, and service -disabled veteran business enterprises in the economic life of the State. The State of Florida Mentor Protege Program connects minority-, women-, wartime-, and service -disabled veteran business enterprises with private corporations for business development mentoring. We strongly encourage firms doing business with the State of Florida to consider this initiative. For more information on the Mentor Protege Program, please contact the Office of Supplier Diversity at (850) 487-0915 or osdhelr)(@dms.mvflofida.com. Upon request, the Contractor shall report to the Office of Supplier Diversity spend with certified and other minority business enterprises. These reports will include the period covered, the name, minority code and Federal Employer Identification Number of each minority vendor utilized during the period. Commodities and services provided by the minority business enterprise, and the amount paid to each minority vendor on behalf of each purchasing agency ordering under the terms of this Addendum. L. Resellers/Partners: The Contractor may use resell ers/partners in order to provide computer equipment and services. All resellers/partners shall be the direct responsibility of the Contractor. The Contractor is responsible for all liability, terms and conditions within Master Agreement and this Addendum. The Contractors resellers/partners' participation will be in accordance with the terms and conditions set forth in the aforementioned Master Agreement and this Addendum. If a reseller/partner is authorized to conduct business on behalf of the Contractor and the reseller/partner is to receive compensation from the Contractor for its services, then any dispute between the Contractor and the resell er/partner shall be resolved between the Contractor and the reseller/partner. The State of Florida is not a party to any agreement entered into between the Contractor and its resellers/partners. The Contractor shall be responsible to report all contract sales (and pay any associated MFMP transaction fees), 28 of 435 PARTICIPATING ADDENDUM to the NASPO ValuePoint Cooperative Procurement Program COMPUTER EQUIPMENT MASTER AGREEMENT Administered by the State of Minnesota Master Agreement No: MNWNC-108 Dell Marketing, L.P. And The State of Florida Alternate Contract Source No. 43211500-WSCA-15-ACS Page 8 of 9 including those of any such resellers/partners and shall ensure that all such resellers/partners meet the following requirements: • Have an ACTIVE Registration with the Florida Department of State, Division of Corporations (www.sunbiz.org) • Registered in the MFMP Vendor Information Portal (https://vendor. mvfloridamarketplace.com) • Not be on the State of Florida's Convicted, Suspended, or Discriminatory lists http://www.dms.mvflorida.com/business operations/State ourchasine/vendor informatio n/convicted suspended discriminatory complaints vendor lists • Have a copy of e-Verify Status on file • Have a current W-9 filed with the Florida Department of Financial Services (https://fivendor.mvfloridacfo.com) M. Primary Contacts: The primary government contact individuals for this Addendum are as follows (or their named successors): Contractor Name Diane Wigington Address Dell Marketing, L.P. One Dell Way, Mailstop 8707, Round Rock, TX 78682 Telephone 512-728-4805 E-mail Diane_Wigington@dell.com Participating Entity Name Jerilyn Bailey Address Florida Department of Management Services 4050 Esplanade Way, Suite 360, Tallahassee, FL 32399-0950 Telephone 850-921-4072 E-mail jerilyn.bailey@dms.myflorida.com 29 of 435 PARTICIPATING ADDENDUM to the NASPO ValuePoint Cooperative Procurement Program COMPUTER EQUIPMENT MASTER AGREEMENT Administered by the State of Minnesota Master Agreement No: MNWNC-108 Dell Marketing, L.P. And The State of Florida Dell Contract Code WN08AGW Alternate Contract Source No. 43211500-WSCA-I5-ACS Page 11 of 13. Participating State: Contractor: Florida Dell Marketing LP By. By: } Name: ,` Name: Lauren D. Newberry Title: Title: Contracts Consultant Date: Date: 8/W2015 .1 Flo rda Chie6rocur nt Officer: Name: Roz Ingram Title: Director of State Purchasing and Chief Procuieme t Officer Date: (i/ /6 1 Please email fully executed PDF copy of this document to PA aPnaspovalueaoint.ora to support documentation of participation and posting in appropriate data bases. 30 of 435 PARTICIPATING ADDENDUM to the NASPO ValuePoint Cooperative Procurement Program COMPUTER EQUIPMENT MASTER AGREEMENT Administered by the State of Minnesota Master Agreement No: MNWNC-108 Dell Marketing, L.P. And The State of Florida Alternate Contract Source No. 43211500-WSCA-I5-ACS Page 9 of 9 N. Warrant of Authority: Each person signing this Addendum warrants that he or she is duly authorized to do so and to bind the respective party. 7. Terms. The Participating State is agreeing to the terms of the Master Agreement only to the extent the terms are not in conflict with applicable law. IN WITNESS WHEREOF, the parties have executed this Addendum as of the date of execution by Contractor below. Participating State: Florida By: Name: Title: Date: Florida's Chief Procurement Officer: By: Name: Roz Ingram Title: Director of State Purchasing and Chief Procurement Officer Date: Contractor: {Insert Vendor Name Here} By: Name: Title: Date: Please email fully executed PDF copy of this document to PA@naspovaluepoint.org to support documentation of participation and posting in appropriate data bases. 31 of 435 State of Florida PUR 1000 General Contract Conditions Contents 1. Defuiitions. 2. Purchase Orders. 3. Product Version. 4. Price Changes Applicable only to Term Contracts. 5. Additional Quantities. 6. Packaging. 7. Inspection at Contractor's Site. 8. Safety Standards. 9. Americans with Disabilities Act. 10. Literature. 11. Transportation and Delivery. 12. Installation. 13. Risk of Loss. 14. Transaction Fee. 15. Invoicing and Payment. 16. Taxes. 17. Governmental Restrictions. 18. Lobbying and Integrity. 19. Indemnification. 20. Limitation of Liability. 21. Suspension of Work. 22. Termination for Convenience. 23. Termination for Cause. 24. Force Majeure, Notice of Delay, and No Damages for Delay. 25. Changes. 26. Renewal. 27. Purchase Order Duration. 28. Advertising. 29. Assignment. 30. Antitrust Assignment 31. Dispute Resolution. 32. Employees, Subcontractors, and Agents. 33. Security and Confidentiality. 34. Contractor Employees, Subcontractors, and Other Agents. 35. Insurance Requirements. 36. Warranty of Authority. 37. Warranty of Ability to Perform. 38. Notices. 39. Leases and Installment Purchases. 40. Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE). PUR 1000 (10/06) Page 1 of 14 60A-1.002, F.A.C. 32 of 435 41. Products Available from the Blind or Other Handicapped. 42. Modification of Terms. 43. Cooperative Purchasing. 44. Waiver. 45. Annual Appropriations. 46. Execution in Counterparts. 47. Severability. 1. Definitions. The defmitions contained in s. 60A-1.001, F.A.C. shall apply to this agreement. The following additional terms are also defined: (a) "Contract" means the legally enforceable agreement that results from a successful solicitation. The parties to the Contract will be the Customer and Contractor. (b) "Customer" means the State agency or other entity identified in a contract as the party to receive commodities or contractual services pursuant to a contract or that orders commodities or contractual services via purchase order or other contractual instrument from the Contractor under the Contract. The "Customer" may also be the "Buyer" as defined in the PUR 1001 if it meets the definition of both terms. (c) "Product" means any deliverable under the Contract, which may include commodities, services, technology or software. (d) "Purchase order" means the form or format a Customer uses to make a purchase under the Contract (e.g., a formal written purchase order, electronic purchase order, procurement card, contract or other authorized means). 2. Purchase Orders. In contracts where commodities or services are ordered by the Customer via purchase order, Contractor shall not deliver or furnish products until a Customer transmits a purchase order. All purchase orders shall bear the Contract or solicitation number, shall be placed by the Customer directly with the Contractor, and shall be deemed to incorporate by reference the Contract and solicitation terms and conditions. Any discrepancy between the Contract terms and the terms stated on the Contractor's order form, confirmation, or acknowledgement shall be resolved in favor of terms most favorable to the Customer. A purchase order for services within the ambit of section 287.058(1) of the Florida Statutes shall be deemed to incorporate by reference the requirements of subparagraphs (a) through (f) thereof. Customers shall designate a contract manager and a contract administrator as required by subsections 287.057(15) and (16) of the Florida Statutes. 3. Product Version. Purchase orders shall be deemed to reference a manufacturer's most recently release model or version of the product at the time of the order, unless the Customer specifically requests in writing an earlier model or version and the contractor is willing to provide such model or version. PUR 1000 (10/06) Page 2 of 14 60A-1.002, F.A.C. 33 of 435 4. Price Changes Applicable only to Term Contracts. If this is a term contract for commodities or services, the following provisions apply. (a) Ouantitv Discounts. Contractors are urged to offer additional discounts for one time delivery of large single orders. Customers should seek to negotiate additional price concessions on quantity purchases of any products offered under the Contract. State Customers shall document their files accordingly. (b) Best Pricing Offer. During the Contract term, if the Customer becomes aware of better pricing offered by the Contractor for substantially the same or a smaller quantity of a product outside the Contract, but upon the same or similar terms of the Contract, then at the discretion of the Customer the price under the Contract shall be immediately reduced to the lower price. (c) Sales Promotions. In addition to decreasing prices for the balance of the Contract term due to a change in market conditions, a Contractor may conduct sales promotions involving price reductions for a specified lesser period. A Contractor shall submit to the Contract Specialist documentation identifying the proposed (1) starting and ending dates of the promotion, (2) products involved, and (3) promotional prices compared to then - authorized prices. Promotional prices shall be available to all Customers. Upon approval, the Contractor shall provide conspicuous notice of the promotion. (d) Trade -In. Customers may trade-in equipment when making purchases from the Contract. A trade-in shall be negotiated between the Customer and the Contractor. Customers are obligated to actively seek current fair market value when trading equipment, and to keep accurate records of the process. For State agencies, it may be necessary to provide documentation to the Department of Financial Services and to the agency property custodian pursuant to Chapter 273, F.S. (e) Eauitable Adiustment. The Customer may, in its sole discretion, make an equitable adjustment in the Contract terms or pricing if pricing or availability of supply is affected by extreme and unforeseen volatility in the marketplace, that is, by circumstances that satisfy all the following criteria: (1) the volatility is due to causes wholly beyond the Contractor's control, (2) the volatility affects the marketplace or industry, not just the particular Contract source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the volatility so affects the Contractor that continued performance of the Contract would result in a substantial loss. 5. Additional Quantities. For a period not exceeding ninety (90) days from the date of solicitation award, the Customer reserves the right to acquire additional quantities up to the amount shown on the solicitation but not to exceed the threshold for Category Two at the prices submitted in the response to the solicitation. 6. Packaging. Tangible product shall be securely and properly packed for shipment, storage, and stocking in appropriate, clearly labeled, shipping containers and according to accepted PUR 1000 (10/06) Page 3 of 14 60A-1.002, F.A.C. 34 of 435 commercial practice, without extra charge for packing materials, cases, or other types of containers. All containers and packaging shall become and remain Customer's property. 7. Inspection at Contractor's Site. The Customer reserves the right to inspect, at any reasonable time with prior notice, the equipment or product or plant or other facilities of a Contractor to assess conformity with Contract requirements and to determine whether they are adequate and suitable for proper and effective Contract performance. 8. Safety Standards. All manufactured items and fabricated assemblies subject to operation under pressure, operation by connection to an electric source, or operation involving connection to a manufactured, natural, or LP gas source shall be constructed and approved in a manner acceptable to the appropriate State inspector. Acceptability customarily requires, at a minimum, identification marking of the appropriate safety standard organization, where such approvals of listings have been established for the type of device offered and furnished, for example: the American Society of Mechanical Engineers for pressure vessels; the Underwriters Laboratories and/or National Electrical Manufacturers' Association for electrically operated assemblies; and the American Gas Association for gas -operated assemblies. In addition, all items furnished shall meet all applicable requirements of the Occupational Safety and Health Act and state and federal requirements relating to clean air and water pollution. 9. Americans with Disabilities Act. Contractors should identify any products that may be used or adapted for use by visually, hearing, or other physically impaired individuals. 10. Literature. Upon request, the Contractor shall furnish literature reasonably related to the product offered, for example, user manuals, price schedules, catalogs, descriptive brochures, etc. 11. Transportation and Delivery. Prices shall include all charges for packing, handling, freight, distribution, and inside delivery. Transportation of goods shall be FOB Destination to any point within thirty (30) days after the Customer places an Order. A Contractor, within five (5) days after receiving a purchase order, shall notify the Customer of any potential delivery delays. Evidence of inability or intentional delays shall be cause for Contract cancellation and Contractor suspension. 12. Installation. Where installation is required, Contractor shall be responsible for placing and installing the product in the required locations at no additional charge, unless otherwise designated on the Contract or purchase order. Contractor's authorized product and price list shall clearly and separately identify any additional installation charges. All materials used in the installation shall be of good quality and shall be free of defects that would diminish the appearance of the product or render it structurally or operationally unsound. Installation includes the furnishing of any equipment, rigging, and materials required to install or replace the product in the proper location. Contractor shall protect the site from damage and shall repair damages or injury caused during installation by Contractor or its employees or agents. If any alteration, dismantling, excavation, etc., is required to achieve installation, the Contractor shall promptly restore the structure or site to its original condition. Contractor PUR 1000 (10/06) Page 4 of 14 60A-1.002, F.A.C. 35 of 435 shall perform installation work so as to cause the least inconvenience and interference with Customers and with proper consideration of others on site. Upon completion of the installation, the location and surrounding area of work shall be left clean and in a neat and unobstructed condition, with everything in satisfactory repair and order. 13. Risk of Loss. Matters of inspection and acceptance are addressed in s. 215.422, F.S. Until acceptance, risk of loss or damage shall remain with the Contractor. The Contractor shall be responsible for filing, processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer shall: record any evidence of visible damage on all copies of the delivering carrier's Bill of Lading; report damages to the carrier and the Contractor; and provide the Contractor with a copy of the carrier's Bill of Lading and damage inspection report. When a Customer rejects a product, Contractor shall remove it from the premises within ten days after notification or rejection. Upon rejection notification, the risk of loss of rejected or non -conforming product shall remain with the Contractor. Rejected product not removed by the Contractor within ten days shall be deemed abandoned by the Contractor, and the Customer shall have the right to dispose of it as its own property. Contractor shall reimburse the Customer for costs and expenses incurred in storing or effecting removal or disposition of rejected product. 14. Transaction Fee. The State of Florida has instituted MyFloridaMarketPlace, a statewide eProcurement System ("System"). Pursuant to section 287.057(23), Florida Statutes (2002), all payments shall be assessed a Transaction Fee of one percent (1.0%), which the Contractor shall pay to the State, unless exempt pursuant to 60A-1.032, F.A.C. For payments within the State accounting system (FLAIR or its successor), the Transaction Fee shall, when possible, be automatically deducted from payments to the Contractor. If automatic deduction is not possible, the Contractor shall pay the Transaction Fee pursuant to Rule 60A-1.031(2), F.A.C. By submission of these reports and corresponding payments, Contractor certifies their correctness. All such reports and payments shall be subject to audit by the State or its designee. Contractor shall receive a credit for any Transaction Fee paid by the Contractor for the purchase of any item(s) if such item(s) are returned to the Contractor through no fault, act, or omission of the Contractor. Notwithstanding the foregoing, a Transaction Fee is non- refundable when an item is rejected or returned, or declined, due to the Contractor's failure to perform or comply with specifications or requirements of the agreement. Failure to comply with these requirements shall constitute grounds for declaring the Contractor in default and recovering reprocurement costs from the Contractor in addition to all outstanding fees. CONTRACTORS DELINQUENT IN PAYING TRANSACTION FEES MAY BE SUBJECT TO BEING REMOVED FROM THE DEPARTMENT OF MANAGEMENT SERVICES' VENDOR LIST AS PROVIDED IN RULE 60A-1.006, F.A.C. 15. Invoicing and Payment. Invoices shall contain the Contract number, purchase order number if applicable, and the appropriate vendor identification number. The State may require any PUR 1000 (10/06) Page 5 of 14 60A-1.002, F.A.C. 36 of 435 other information from the Contractor that the State deems necessary to verify any purchase order placed under the Contract. At the State's option, Contractors may be required to invoice electronically pursuant to guidelines of the Department of Management Services. Current guidelines require that Contractor supply electronic invoices in lieu of paper -based invoices for those transactions processed through the system. Electronic invoices shall be submitted to the Customer through the Ariba Supplier Network (ASN) in one of the following mechanisms — EDI 810, cXML, or web -based invoice entry within the ASN. Payment shall be made in accordance with sections 215.422 and 287.0585 of the Florida Statutes, which govern time limits for payment of invoices. Invoices that must be returned to a Contractor due to preparation errors will result in a delay in payment. Contractors may call (850) 413-7269 Monday through Friday to inquire about the status of payments by State Agencies. The Customer is responsible for all payments under the Contract. A Customer's failure to pay, or delay in payment, shall not constitute a breach of the Contract and shall not relieve the Contractor of its obligations to the Department or to other Customers. 16. Taxes. The State does not pay Federal excise or sales taxes on direct purchases of tangible personal property. The State will not pay for any personal property taxes levied on the Contractor or for any taxes levied on employees' wages. Any exceptions to this paragraph shall be explicitly noted by the Customer in the special contract conditions section of the solicitation or in the Contract or purchase order. 17. Governmental Restrictions. If the Contractor believes that any governmental restrictions have been imposed that require alteration of the material, quality, workmanship or performance of the products offered under the Contract, the Contractor shall immediately notify the Customer in writing, indicating the specific restriction. The Customer reserves the right and the complete discretion to accept any such alteration or to cancel the Contract at no further expense to the Customer. 18. Lobbying and Integrity. Customers shall ensure compliance with Section 11.062, FS and Section 216.347, FS.The Contractor shall not, in connection with this or any other agreement with the State, directly or indirectly (1) offer, confer, or agree to confer any pecuniary benefit on anyone as consideration for any State officer or employee's decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to anyone any gratuity for the benefit of, or at the direction or request of, any State officer or employee. For purposes of clause (2), "gratuity" means any payment of more than nominal monetary value in the form of cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances, deposits of money, services, employment, or contracts of any kind. Upon request of the Customer's Inspector General, or other authorized State official, the Contractor shall provide any type of information the Inspector General deems relevant to the Contractor's integrity or responsibility. Such information may include, but shall not be limited to, the Contractor's business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The Contractor shall retain such records for the longer of (1) three years after the expiration of the PUR 1000 (10/06) Page 6 of 14 60A-1.002, F.A.C. 37 of 435 Contract or (2) the period required by the General Records Schedules maintained by the Florida Department of State (available at: httT)://dos.mvflorida.com/library-archives/records- management/generaI-records-schedules/). The Contractor agrees to reimburse the State for the reasonable costs of investigation incurred by the Inspector General or other authorized State official for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the State which results in the suspension or debarment of the Contractor. Such costs shall include, but shall not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. The Contractor shall not be responsible for any costs of investigations that do not result in the Contractor's suspension or debarment. 19.Indemnification. The Contractor shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless the State and Customers, and their officers, agents, and employees, from suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Contractor, its agents, employees, partners, or subcontractors, provided, however, that the Contractor shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of the State or a Customer. Further, the Contractor shall fully indemnify, defend, and hold harmless the State and Customers from any suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret or intellectual property right, provided, however, that the foregoing obligation shall not apply to a Customer's misuse or modification of Contractor's products or a Customer's operation or use of Contractor's products in a manner not contemplated by the Contract or the purchase order. If any product is the subject of an infringement suit, or in the Contractor's opinion is likely to become the subject of such a suit, the Contractor may at its sole expense procure for the Customer the right to continue using the product or to modify it to become non -infringing. If the Contractor is not reasonably able to modify or otherwise secure the Customer the right to continue using the product, the Contractor shall remove the product and refund the Customer the amounts paid in excess of a reasonable rental for past use. The customer shall not be liable for any royalties. The Contractor's obligations under the preceding two paragraphs with respect to any legal action are contingent upon the State or Customer giving the Contractor (1) written notice of any action or threatened action, (2) the opportunity to take over and settle or defend any such action at Contractor's sole expense, and (3) assistance in defending the action at Contractor's sole expense. The Contractor shall not be liable for any cost, expense, or compromise incurred or made by the State or Customer in any legal action without the Contractor's prior written consent, which shall not be unreasonably withheld. 20. Limitation of Liability. For all claims against the Contractor under any contract or purchase order, and regardless of the basis on which the claim is made, the Contractor's liability under a contract or purchase order for direct damages shall be limited to the greater of $100,000, the dollar amount of the contract or purchase order, or two times the charges rendered by the PUR 1000 (10/06) Page 7 of 14 60A-1.002, F.A.C. 38 of 435 Contractor under the purchase order. This limitation shall not apply to claims arising under the Indemnity paragraph contain in this agreement. Unless otherwise specifically enumerated in the Contract or in the purchase order, no party shall be liable to another for special, indirect, punitive, or consequential damages, including lost data or records (unless the contract or purchase order requires the Contractor to back-up data or records), even if the party has been advised that such damages are possible. No party shall be liable for lost profits, lost revenue, or lost institutional operating savings. The State and Customer may, in addition to other remedies available to them at law or equity and upon notice to the Contractor, retain such monies from amounts due Contractor as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against them. The State may set off any liability or other obligation of the Contractor or its affiliates to the State against any payments due the Contractor under any contract with the State. 21. Suspension of Work. The Customer may in its sole discretion suspend any or all activities under the Contract or purchase order, at any time, when in the best interests of the State to do so. The Customer shall provide the Contractor written notice outlining the particulars of suspension. Examples of the reason for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, the Contractor shall comply with the notice and shall not accept any purchase orders. Within ninety days, or any longer period agreed to by the Contractor, the Customer shall either (1) issue a notice authorizing resumption of work, at which time activity shall resume, or (2) terminate the Contract or purchase order. Suspension of work shall not entitle the Contractor to any additional compensation. 22. Termination for Convenience. The Customer, by written notice to the Contractor, may terminate the Contract in whole or in part when the Customer determines in its sole discretion that it is in the State's interest to do so. The Contractor shall not furnish any product after it receives the notice of termination, except as necessary to complete the continued portion of the Contract, if any. The Contractor shall not be entitled to recover any cancellation charges or lost profits. 23. Termination for Cause. The Customer may terminate the Contract if the Contractor fails to (1) deliver the product within the time specified in the Contract or any extension, (2) maintain adequate progress, thus endangering performance of the Contract, (3) honor any term of the Contract, or (4) abide by any statutory, regulatory, or licensing requirement. Rule 60A-1.006(3), F.A.C., governs the procedure and consequences of default. The Contractor shall continue work on any work not terminated. Except for defaults of subcontractors at any tier, the Contractor shall not be liable for any excess costs if the failure to perform the Contract arises from events completely beyond the control, and without the fault or negligence, of the Contractor. If the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both the Contractor and the subcontractor, and without the fault or negligence of either, the Contractor shall not be liable for any excess costs for failure to perform, unless the subcontracted products were obtainable from other sources in sufficient time for the Contractor to meet the required delivery schedule. If, after termination, it is determined that PUR 1000 (10/06) Page 8 of 14 60A-1.002, F.A.C. 39 of 435 the Contractor was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Customer. The rights and remedies of the Customer in this clause are in addition to any other rights and remedies provided by law or under the Contract. 24. Force Majeure, Notice of Delay, and No Damages for Delay. The Contractor shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of the Contractor or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Contractor's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Contractor. In case of any delay the Contractor believes is excusable, the Contractor shall notify the Customer in writing of the delay or potential delay and describe the cause of the delay either (1) within ten (10) days after the cause that creates or will create the delay first arose, if the Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay is not reasonably foreseeable, within five (5) days after the date the Contractor first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE CONTRACTOR'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be asserted against the Customer. The Contractor shall not be entitled to an increase in the Contract price or payment of any kind from the Customer for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist the Contractor shall perform at no increased cost, unless the Customer determines, in its sole discretion, that the delay will significantly impair the value of the Contract to the State or to Customers, in which case the Customer may (1) accept allocated performance or deliveries from the Contractor, provided that the Contractor grants preferential treatment to Customers with respect to products subjected to allocation, or (2) purchase from other sources (without recourse to and by the Contractor for the related costs and expenses) to replace all or part of the products that are the subject of the delay, which purchases may be deducted from the Contract quantity, or (3) terminate the Contract in whole or in part. 25. Changes. The Customer may unilaterally require, by written order, changes altering, adding to, or deducting from the Contract specifications, provided that such changes are within the general scope of the Contract. The Customer may make an equitable adjustment in the Contract price or delivery date if the change affects the cost or time of performance. Such equitable adjustments require the written consent of the Contractor, which shall not be unreasonably withheld. If unusual quantity requirements arise, the Customer may solicit separate bids to satisfy them. 26. Renewal. Upon mutual agreement, the Customer and the Contractor may renew the Contract, in whole or in part, for a period that may not exceed 3 years or the term of the contract, whichever period is longer. Any renewal shall specify the renewal price, as set forth in the PUR 1000 (10/06) Page 9 of 14 60A-1.002, F.A.C. 40 of 435 solicitation response. The renewal must be in writing and signed by both parties, and is contingent upon satisfactory performance evaluations and subject to availability of funds. 27. Purchase Order Duration. Purchase orders issued pursuant to a state term or agency contract must be received by the Contractor no later than close of business on the last day of the contract's term to be considered timely. The Contractor is obliged to fill those orders in accordance with the contract's terms and conditions. Purchase orders received by the contractor after close of business on the last day of the state term or agency contract's term shall be considered void. Purchase orders for a one-time delivery of commodities or performance of contractual services shall be valid through the performance by the Contractor, and all terms and conditions of the state term or agency contract shall apply to the single delivery/performance, and shall survive the termination of the Contract. Contractors are required to accept purchase orders specifying delivery schedules exceeding the contracted schedule even when such extended delivery will occur after expiration of the state term or agency contract. For example, if a state term contract calls for delivery 30 days after receipt of order (ARO), and an order specifies delivery will occur both in excess of 30 days ARO and after expiration of the state term contract, the Contractor will accept the order. However, if the Contractor expressly and in writing notifies the ordering office within ten (10) calendar days of receipt of the purchase order that Contractor will not accept the extended delivery terms beyond the expiration of the state term contract, then the purchase order will either be amended in writing by the ordering entity within ten (10) calendar days of receipt of the contractor's notice to reflect the state term contract delivery schedule, or it shall be considered withdrawn. The duration of purchase orders for recurring deliveries of commodities or performance of services shall not exceed the expiration of the state term or agency contract by more than twelve months. However, if an extended pricing plan offered in the state term or agency contract is selected by the ordering entity, the contract terms on pricing plans and renewals shall govern the maximum duration of purchase orders reflecting such pricing plans and renewals. Timely purchase orders shall be valid through their specified term and performance by the Contractor, and all terns and conditions of the state term or agency contract shall apply to the recurring delivery/performance as provided herein, and shall survive the termination of the Contract. Ordering offices shall not renew a purchase order issued pursuant to a state term or agency contract if the underlying contract expires prior to the effective date of the renewal. 28. Advertising. Subject to Chapter 119, Florida Statutes, the Contractor shall not publicly disseminate any information concerning the Contract without prior written approval from the Customer, including, but not limited to mentioning the Contract in a press release or other promotional material, identifying the Customer or the State as a reference, or otherwise PUR 1000 (10/06) Page 10 of 14 60A-1.002, F.A.C. 41 of 435 linking the Contractor's name and either a description of the Contract or the name of the State or the Customer in any material published, either in print or electronically, to any entity that is not a party to Contract, except potential or actual authorized distributors, dealers, resellers, or service representative. 29. Assignment. The Contractor shall not sell, assign or transfer any of its rights, duties or obligations under the Contract, or under any purchase order issued pursuant to the Contract, without the prior written consent of the Customer. In the event of any assignment, the Contractor remains secondarily liable for performance of the contract, unless the Customer expressly waives such secondary liability. The Customer may assign the Contract with prior written notice to Contractor of its intent to do so. 30. Antitrust Assignment. The Contractor and the State of Florida recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by the State of Florida. Therefore, the contractor hereby assigns to the State of Florida any and all claims for such overcharges as to goods, materials or services purchased in connection with the Contract. 31. Dispute Resolution. Any dispute concerning performance of the Contract shall be decided by the Customer's designated contract manager, who shall reduce the decision to writing and serve a copy on the Contractor. The decision shall be final and conclusive unless within twenty one (21) days from the date of receipt, the Contractor files with the Customer a petition for administrative hearing. The Customer's decision on the petition shall be final, subject to the Contractor's right to review pursuant to Chapter 120 of the Florida Statutes. Exhaustion of administrative remedies is an absolute condition precedent to the Contractor's ability to pursue any other form of dispute resolution; provided, however, that the parries may employ the alternative dispute resolution procedures outlined in Chapter 120. Without limiting the foregoing, the exclusive venue of any legal or equitable action that arises out of or relates to the Contract shall be the appropriate state court in Leon County, Florida; in any such action, Florida law shall apply and the parties waive any right to jury trial. 32. Employees, Subcontractors, and Agents. All Contractor employees, subcontractors, or agents performing work under the Contract shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Contractor shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under the Contract must comply with all security and administrative requirements of the Customer and shall comply with all controlling laws and regulations relevant to the services they are providing under the Contract. The State may conduct, and the Contractor shall cooperate in, a security background check or otherwise assess any employee, subcontractor, or agent furnished by the Contractor. The State may refuse access to, or require replacement of, any personnel for cause, including, but not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with a Customer's security or other requirements. Such approval shall not relieve the Contractor of its obligation to perform all work in compliance with the Contract. The State may reject PUR 1000 (10/06) Page 11 of 14 60A-1.002, F.A.C. 42 of 435 and bar from any facility for cause any of the Contractor's employees, subcontractors, or agents. 33. Security and Confidentiality. The Contractor shall comply fully with all security procedures of the United States, State of Florida and Customer in performance of the Contract. The Contractor shall not divulge to third parties any confidential information obtained by the Contractor or its agents, distributors, resellers, subcontractors, officers or employees in the course of performing Contract work, including, but not limited to, security procedures, business operations information, or commercial proprietary information in the possession of the State or Customer. The Contractor shall not be required to keep confidential information or material that is publicly available through no fault of the Contractor, material that the Contractor developed independently without relying on the State's or Customer's confidential information, or material that is otherwise obtainable under State law as a public record. To insure confidentiality, the Contractor shall take appropriate steps as to its personnel, agents, and subcontractors. The warranties of this paragraph shall survive the Contract. 34. Contractor Employees, Subcontractors, and Other Agents. The Customer and the State shall take all actions necessary to ensure that Contractor's employees, subcontractors and other agents are not employees of the State of Florida. Such actions include, but are not limited to, ensuring that Contractor's employees, subcontractors, and other agents receive benefits and necessary insurance (health, workers' compensations, and unemployment) from an employer other than the State of Florida. 35. Insurance Requirements. During the Contract term, the Contractor at its sole expense shall provide commercial insurance of such a type and with such terms and limits as may be reasonably associated with the Contract. Providing and maintaining adequate insurance coverage is a material obligation of the Contractor. Upon request, the Contractor shall provide certificate of insurance. The limits of coverage under each policy maintained by the Contractor shall not be interpreted as limiting the Contractor's liability and obligations under the Contract. All insurance policies shall be through insurers authorized or eligible to write policies in Florida. 36. Warranty of Authority. Each person signing the Contract warrants that he or she is duly authorized to do so and to bind the respective party to the Contract. 37. Warranty of Ability to Perform. The Contractor warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the Contractor's ability to satisfy its Contract obligations. The Contractor warrants that neither it nor any affiliate is currently on the convicted vendor list maintained pursuant to section 287.133 of the Florida Statutes, or on any similar list maintained by any other state or the federal government. The Contractor shall immediately notify the Customer in writing if its ability to perform is compromised in any manner during the term of the Contract. 38. Notices. All notices required under the Contract shall be delivered by certified mail, return receipt requested, by reputable air courier service, or by personal delivery to the agency PUR 1000 (10/06) Page 12 of 14 60A-1.002, F.A.C. 43 of 435 designee identified in the original solicitation, or as otherwise identified by the Customer. Notices to the Contractor shall be delivered to the person who signs the Contract. Either designated recipient may notify the other, in writing, if someone else is designated to receive notice. 39. Leases and Installment Purchases. Prior approval of the Chief Financial Officer (as defined in Section 17.001, F.S.) is required for State agencies to enter into or to extend any lease or installment -purchase agreement in excess of the Category Two amount established by section 287.017 of the Florida Statutes. 40. Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE). Section 946.515(2), F.S. requires the following statement to be included in the solicitation: "It is expressly understood and agreed that any articles which are the subject of, or required to carry out, the Contract shall be purchased from the corporation identified under Chapter 946 of the Florida Statutes (PRIDE) in the same manner and under the same procedures set forth in section 946.515(2) and (4) of the Florida Statutes; and for purposes of the Contract the person, firm, or other business entity carrying out the provisions of the Contract shall be deemed to be substituted for the agency insofar as dealings with such corporation are concerned." Additional information about PRIDE and the products it offers is available at httD://www.Dridefl.com. 41. Products Available from the Blind or Other Handicapped. Section 413.036(3), F.S. requires the following statement to be included in the solicitation: "It is expressly understood and agreed that any articles that are the subject of, or required to carry out, this contract shall be purchased from a nonprofit agency for the Blind or for the Severely Handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under the same procedures set forth in section 413.036(I) and (2), Florida Statutes; and for purposes of this contract the person, firm, or other business entity carrying out the provisions of this contract shall be deemed to be substituted for the State agency insofar as dealings with such qualified nonprofit agency are concerned." Additional information about the designated nonprofit agency and the products it offers is available at httn://www.resnectofflorida.org. 42. Modification of Terms. The Contract contains all the terms and conditions agreed upon by the parties, which terms and conditions shall govern all transactions between the Customer and the Contractor. The Contract may only be modified or amended upon mutual written agreement of the Customer and the Contractor. No oral agreements or representations shall be valid or binding upon the Customer or the Contractor. No alteration or modification of the Contract terms, including substitution of product, shall be valid or binding against the Customer. The Contractor may not unilaterally modify the terms of the Contract by affixing additional terms to product upon delivery (e.g., attachment or inclusion of standard preprinted forms, product literature, "shrink wrap" terms accompanying or affixed to a product, whether written or electronic) or by incorporating such terms onto the Contractor's order or fiscal forms or other documents forwarded by the Contractor for payment. The Customer's acceptance of product or processing of documentation on forms furnished by the Contractor for approval or payment shall not constitute acceptance of the proposed modification to terms and conditions. PUR 1000 (10/06) Page 13 of 14 60A-1.002, F.A.C. 44 of 435 43. Cooperative Purchasing. Pursuant to their own governing laws, and subject to the agreement of the Contractor, other entities may be permitted to make purchases at the terms and conditions contained herein. Non -Customer purchases are independent of the agreement between Customer and Contractor, and Customer shall not be a party to any transaction between the Contractor and any other purchaser. State agencies wishing to make purchases from this agreement are required to follow the provisions of s. 287.042(16)(a), F.S. This statute requires the Department of Management Services to determine that the requestor's use of the contract is cost-effective and in the best interest of the State. 44. Waiver. The delay or failure by the Customer to exercise or enforce any of its rights under this Contract shall not constitute or be deemed a waiver of the Customer's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 45. Annual Appropriations. The State's performance and obligation to pay under this contract are contingent upon an annual appropriation by the Legislature. 46. Execution in Counterparts. The Contract may be executed in counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 47. Severability. If a court deems any provision of the Contract void or unenforceable, that provision shall be enforced only to the extent that it is not in violation of law or is not otherwise unenforceable and all other provisions shall remain in full force and effect. PUR 1000 (10/06) Page 14 of 14 60A-1.002, F.A.C. 45 of 435 Docusign Envelope ID: 62EFF9D7-0647-44D5-BF59-AB8 1 EFDD0265 Department of MANAGEMENT SERVICES We serve those who serve Florida CONTRACT AMENDMENT NO.: 7 Contract No.: 43211500-WSCA-15-ACS Contract Name: Computer Equipment, Peripherals, and Services This Amendment to the Alternate Contract Source No. 43211500-WSCA-15-ACS Participating Addendum ("Contract") to the State of Minnesota Master Agreement No. MNWNC-108 ("Master Agreement") is made by the State of Florida, Department of Management Services ("Department') and Dell Marketing L.P. ("Contractor"), with its principal place of business located at One Dell Way, Mailstop RR1-33 Legal, Roundrock, Texas 86682, collectively referred to herein as the "Parties. WHEREAS the Parties entered into the Contract which became effective on September 3, 2015, for the provision of Computer Equipment, Peripherals, and Services; WHEREAS, the Parties agreed that the Contract may be amended by mutual agreement as provided in Section 42, Modification of Terms, of the PUR 1000 incorporated into the Contract; and WHEREAS the Secretary has reevaluated the Master Agreement and determined that use of the Master Agreement remains cost-effective and the best value to the state. ACCORDINGLY, and in consideration of the mutual promises contained in the Contract documents, the Parties agree as follows: I. Contract Extension. The Contract is amended to extend the term for a period of three months, pursuant to the same terms and conditions set forth in the Contract and any written amendments thereto, with a new expiration date of January 31, 2024. 11. Warranty of Authority. Each person signing this Amendment warrants that he or she is duly authorized to do so and to bind the respective party. III. Conflict. To the extent any of the terms of this Amendment conflict with the terms of the Contract, the terms of this Amendment shall control. IV. Effect. Unless otherwise modified by this Amendment, all terms and conditions contained in the Contract shall continue in full force and effect. This Amendment is effective when signed by both Parties. IN WITNESS WHEREOF, the Parties have executed this Amendment by their duly authorized representatives. Rev. 11/2/22 46 of 435 DocuSign Envelope ID: 62EFF9D7-0647-44D5-BF59-AB8IEFDD0265 Department of MANAGEMENT SERVICES We serve those who serve Ronda CONTRACT AMENDMENT NO.: 7 Contract No.: 43211500-WSCA-15-ACS Contract Name: Computer Equipment, Peripherals, and Services State of Florida: Department of Management Services DasuSlgned by: By: Name: Pedro Allende Title: Secretary Date: 10/28/2023 1 10:46 AM EDT Contractor: Dell Marketing, LP By: FDocuslpned by: i" Pith. Name: Ana Pitti Title: Paralegal Senior Analyst Date: 10/27/2023 1 10:57 AM EDT Rev. 11/2/22 47 of 435 Lin Cd SEBAS-T�" HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: December 13, 2023 Agenda Item Title: Snow's Space Coast Superior Events — Winter Wonderland Recommendation: Staff recommends approval for the Winter Wonderland Event. Background: Barb Snow of Snow's Space Coast Superior Events is seeking Council approval for a 3 day Arts and Craft event known as Winter Wonderland at Riverview Park. Event dates are 12/15/2023 through 12/17/2023. Attendees are expected to range from 100-500 people throughout the event. If Agenda Item Requires Expenditure of Funds: NIA Budgeted Amount: Total Cost: Funds to Be Utilized for Appropriation: Attachments: 1. Special Event Permit Application 2. Certificate of Liability Insurance 3. Payment Receipt Administrative Services Department Review: NIA City Attorney Review: NIA Procurement Division Review, if applicable: NIA City Manager Authorization: /v Date: 11 I G/.)v)) 48 of 435 SESASTL�� HOME OF PELICAN ISLAND CITY OF SEBASTIAN PARK USE PERMIT APPLICATION 1225 Main Street, Sebastian, FL 32958 Parks Phone: (772) 228-7054 Fax: (772) 388-8249 *For emergency purposes ONLY, please dial 772.473.0454* lahia t /JL/17 23^3�c0 NO PERSON SHALL DRIVE OR PARK ANY UNAUTHORIZED VEHICLE ON ANY AREA WITHIN ANY PARK OR RECREATIONAL AREA EXCEPT DESIGNATED PARK ROADS OR PARKING AREAS. ORD, 74-4.DRIVING OR PARKING ANY UNAUTHORIZED VEHICLE IN THE PARK AREA WILL RESULT IN FORFEITURE OF THE Sk,��URITY DEPOSIT. Please check appropria (es): Park Event (75 to 300 anticipated attendees) Special Event (301 or more anticipated attendees) $100 Security Deposit - $100 rent plus 6.5% tax - $106.50 <00 ecurity Deposit - $200 rent plus 6.5% tax - $213-00 Will event require road closures `90 d /,0/ o0 `Must provide detailed site plan with application. WYy.1 00 'If requesting road closures, include road closure plan. `Special Events and Alcohol Beverage Request require City Council Approval. Date: I 4 100k)-J ��Ul ame of Permittee (permits may only' a issued to an adult) Name of Organizat of n (if applicable) V Mailing Address if Different State Zip / Phone E-Mail eques a Date(s) Time From -- To on for -Rental = Type of Function Rain Date (if applicable) Anticipate Number of Attendees J/9nr Will there b any sale of goods? Yes //"'" No (If yes, please describe type of goods on back) Will therp Xfood or other vendors? Yes No (If yes, please list name, address of each on back with description and schematic of structures (tents, etc.) to be erect e otherwise assem led on back. (May require Health Dept. or Fire Dept. permit) I, , the undersigned, acknowledge that I am the applicant or authorized agent of the above referenced organization. l am aw re of the provision the City of Sebastian Codes in respect to this application and use of City facilities for which I have applied for a. permit for a Park Event or Special Event. I have been provided with the general rules pr d by the City and a Pree to the terms thereof. Signature Of cant Special Event/Park Use Application Rev 01.2021 49 of 435 City of Sebastian Home of Pelican Island ' • City of Sebastian Municipal Police Department Application for Police Extra -Duty Officer Services This application is required to engage extra -duty services of the requested number of Officers for public safety, health and welfare services that are in addition to those provided generally to the public. It is understood that this is a non -binding agreement. A minimum of five (5) days advance notice is requested prior to the service date and advanced payment is required. Cancellation of the detail, with less than 24 hours notice prior to commencement of the detail, will result in three (3) hours minimum billing per Officer. Payment should be made payable to the City of Sebastian, 1225 Main Street, Sebastian, Florida 32958. *** (3) Hour Minimum Per Each Officer Required*** Rate Per Hour For Each Officer ..............$40.00 Rate Per Hour For Each Supervisor ........... $45.00 Rate Per Hour For Each Vehicle .............$3.00 ] / (Applies to on -site utilizatio�ofehicle) Applicant: Mailing dress: City: , YYl State-r—� ZipCodeE C-3x ,�d Requested By: ���(f`l �,�_ Telephone Numbers: (1 Officer is required for attendance of 75 to 150 2 - Officers are required for attendance of 151 to 30U) Number of Officers required: In Uniform: "_�. Plain Clothes: Starting Date../� Ending Date: 115;1 1;1— C_;;L_0 , I/ Starting Time: �� Ending Time: 1 7 1�Yj"7 �J vv-Y � �/ Services Requested: ✓ Service Location:��-1_J Estimated Attendance: Fs---+ A T' j,rrD, Alcoholic Beverages Served: Yes No �6 Type Other Comments or Duties: SPA i r jrL / r /i' Y ( f YIe<r Date Received APr icant's Signature Please apple online once you have been approved: littns://requests.dctailkonirnander.conVsebastian Reviewed By Command Staff Officer's Signature Officer's Comments Date Worked Time Worked 50 of 435 CITY O S'-"N HOME OF PELICAN ISLAND BUILDING DMARTMUM FIRE PREVENnON OFFICL 1225 MAIN STREET • SEBASTIAN. FLORIDA 32958 TELEPHONE: I7721 589 %37 FAX (772) 889 2566 SPECIAL EVENT / PARK USE ONLY Application date Name of event' lA PERMIT TECH. PERMIT NO. 2 3 l Organization holding event:_T i x Address location for event: �lJ v �J / Tl "<1,' V I f"'1 Z (if not owner of site, provide written consent from property owner) Date(s) of event: / ✓ /lLs /c;7�/ 7Time(s) of Event: from:/ 1.4o: Contact person(s1: ; _ �J�`Y � � 1.A�� Phane(s): Contact e-mail address: Ann Date when ready for inspection: / LJ Time: APPLICATION SHALL BE ACCOMPANIED BY A NEATLY DRAWN, LEGIBLE SKECTCH SHOWING SITE LOCATION, SIZES OF ALL 'TENTS, LOCATION OF VENDORS, COOKING AREAS, GENERATORS, STRUCTURES OR STAGES, AND TEMPORARY SANITARY FACILITIES. RESPONSIBLE PARTY FOR THE EVENT SHALL CAREFULLY READ AND INTITIAL EACH BOX OF THE ATTACHED VENDORS SAFETY CHECKLIST AND SIGN AT THE BOTTOM. NOTE: ADDITIONAL FEES MAY APPLY IF EVENT REQUIRES AN EXCLUSIVE OR NON-EXCLUSIVE FIRE UNIT FROM INDIAN RIVER COUNTY FIRE BUREAU. APPLICATIONS ARE AVAILABLE AT INDIAN RIVER COUNTY FIRE BUREAU WEBSITE ANY TENTS LARGER THAN 12X12 WILL REQUIRE A CERTIFICATE OF FLAME RESISTANCE SPECIAL EVENT COOKING QUESTIONAIRE 1. Location of cooking shown on attached sketch? YES N/A 2. Is any cooking taking place under a tent? If yes, Explain: (yoydQep fryfngp jttunder a tent) 3. Describe Number, type and size of cankers 7�� l� � J 4. Type(s) of heating source? (LP, Electric, Charcoal, etc.) SPECIAL EVENT SITE INFORMATION 1. Number of On -Site parking stalls utilized (provide a parking plan) 2. Is Site or overfl parking available? Explain (provide agreements with property owners) �K/ 51 of 435 1. Number, type and location of proposed restroom facilities � t/ ��/ U�' yA 2. Number and Type of temporary structures : � Sizes : YP P ry {) {i 3. Temporary electric power? Please check: Yeso No Provided By:%�, Portable Generator Other If Other, please describe: (Jl/T hT 4. Providing crowd contr security, or p ng assistance? Yes No if yes, pIQaseescribe: Crv�,CcArv) S. Estimated attendance at peak time: Only items that in accordance with applicable Florida Statutes and City Ordinances will be permitted to be sold In the City of Sebastian. FIREWORKS ARE PROHIBITED FOR RETAIL SALE IN THE CITY OF SEBASTIAN. SPARKLERS AS DEFINED IN F.S. 791 MAY BE PERMITTED FOR RETAIL SALE PROVIDED A SPECIAL EVENT PERMIT HAS BEEN ISSUED BY THE CITY OF SEBASTIAN. Any vendor found In non-compliance with the Florida Fire Prevention Code and any associated NFPA may not be able to open and/or operate until the vendor corrects the code violation(s). I HAVE READ AND UNDERSTA D THE FOR SPECIAL EVENT REQUIREMENTS AND VENDORS SAFETY CHECKLIST APPLICANT'S SIGNATURE: l%,C 'PRINTED NAME: v Approved: Denied: By: Date: City Managers Signature Approved: Denied: By: Date: Fire Marshal's Signature Fire Safety Specialty Fees Small Special Event: One Day / < 25 sites / No cooking or temp. electric / Max tent size 12x12 NO FEE Reoccurring Special Event: Non-consecutive but reoccurring one day Special Event $60.00 (per event One Day / < 25 sites / May include cooking or temp. electric / Max tent size 12x12 depending on # of inspections) Good for 120 days / Up to 6 per year (may be extended with proper notice) Large Special Event: $60.00 All other Special Events (per event) •• ADDITIONAL FEES MAY APPLY FOR AN EXCLUSIVE OR NON-EXCLUSIVE FIRE UNITTHROUGH IRC FIRE RESCUE s• 52 of 435 CITY OF S E HOME OF PELICAN ISLAND BUILDING DEPARTMENT FIRE PREVENTION OFFICE TELEPHONE, ,1772)TREET 89.5537 FAX FLORIDA32958 2-%b VENDORS CHECKLIST TELETHONE: {7721 589�SSS7 FA% (772) 589-2566 j� CHECKLIST SPECIAL EVENT VENDOR REOUIREMENTS General: Please read carefuliv/J�initial each sec tion the bottom. All vendors shall be responsible for the f owing items: SPECIAL EVENT NAME: / I f J JL I VENDOR NAME: I� � �(�W�C.J DATE(S) OF EVENT: 1.5 = la J VENDOR CONTACT: EVENT COORDINATOR: A M- -__ enclosure unless prior approval from the Fire Prevention Office TENTS: All tents shall have some type of Flame Retardant or Resistant Certificate (TAG or PAPERWORK) on -site and submitted to the Fire Prevention Office prior to the event. Shade canopies smaller than 1202 without sides may be approved for use on a case by case basis. Canopies must be spaced a minimum of 4 ft. apart. No smoking allowed in any tent. COOKING TENTS: Tents are allowed to have cooking (APPROVED APPLIANCES) along the outer edges of the tent, LP gas tanks must be secured in place (max cap 20lbs.) Fire Extinguisher must be readily available. Any LP tanks larger than 20 lbs. shall be secured 10 ft. from tents with gas lines secured. All cooking vendors shall have a 1 Oft. separation from all other non -cooking vendors. NO DEEP FRYING UNDER TENTS. E EXTINGUISHERS- It is recommended that every vendor have an extinguisher. At least one currently certified and tagged, or within one year of manufacture date, extinguisher is required every 75 ft along event walkways. All vendors who are cooking and/or using generators are required to have at least one 51b ABC currently certified and tagged, or within one year of manufacture date, (2A10BC) extinguisher. All vendors who are deep fat frying are required to have at least one currently tagged Class K extinguisher. SEATING: Seating and chair arrangements shall be approved by the Fire Prevention Office prior to the event and have a minimum of 3ft. wide walkways to all exits in the lent. Tents with an occupant load of over 49 require a minimum of 2 exits. LARGE TENTS: For tents, 20x20 or larger where enclosures are used (sides), exits shall have exit signage. If a tent is used at night, exit signs will have attached emergency lighting and be AC and DC powered. 20x20 or larger tents must have NO SMOKING signs. OPEN FLAMES: Any unauthorized open flames, fireworks or fuel -fired lighting ordevices are prohibited in any tent or similar is obtained. 5PECtAL EVENT PERMIT NO. 6MRAGE: Use or handling of flammable liquids or gases shall be prohibited at the site unless specifically approved and inspected by the Fire Prevention Office. �gOOR/DECOR: No hay, straw, shavings or similar materials shall be permitted to be used within any structure, tent or canopy. Exceptions: Pre -approved flame retardanl treated materials or livestock beddingKodder. NERATORS: Generators shall be on level ground, secured, and safely arranged and isolated from the occupantsigeneral public. Exhaust shall be directed away from combustible mater€al(s), people and/or animals. Spare fuel shall be stored in an approved container at a safe distance from the generator. NO HOT FUELING Fire extinguisher required. LECTRIC: wiring and lighting shall be free of damage. All electrical equipment shall be isolated from the occupantsigeneral public in a safe manner. All electrical connections and devices shall be in approved enclosures. C KING: All food cooking concession trucks, milers, and tructures of rigid construction are required to have a currently tagged commercial ventilation and extinguishment/suppression systems if required per the FFPC and NFPA 96. Code References: Florida Fire Prevention Code {FFPC), NFPA 1, NFPA 96, NFPA 70, NFPA 101, & NFPA 102. Any vendor(s) found not complying with any of the checklist items may not be allowed to open andlor operate until compliance is made, i have read and understand the above vendor requirements for this S ! Event X a rg f Special Event 53 of 435 A`� " CERTIFICATE OF LIABILITY INSURANCE I DAT11/07/202 ) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Mitzy Taylor NAME: State Insurance Agency Inc. PHONE (772) 426-9933 I FAX (772} 426 9943 IA1C. No. ; 1: (A/C. Nol: 1010 SW Martin Downs Blvd E-MAIL certificates@stateinsuranceagent.com ADDRESS: INSURER S) AFFORDING COVERAGE NAIC i Palm City FL 34990 INSURER A : RLI Insurance mpany INSURED INSURER B : Barbara Ann Snow INSURER C DBA: Space Coast Superior Events INSURER D 1099 Whisper Rd SE INSURER E Palm Bay FL 32909 INSURER F : COVERAGES CERTIFICATE NUMBER: CL2311717933 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL';iUeH LTR TYPE OF INSURANCE INSD 4WD POLICY NUMBER POLICY EFF POLICY EXP (MM/DDIYYYY) (MMMDfYYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACHyet 11000,000 NGri�EFr $ CLAIMS -MADE � OCCUR PREMISES PREMISES (Ea ocrsirreneel $ 50,000 MED EXP (Any one person) $ 5,000 A i Y BOP1050166 01/03/2023 01/03/2024 PERSONAL & ADV INJURY S INCLUDED GGEENLAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY PRO- ❑ JECT LOC PRODUCTS -COMP/OPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANYAUTO BODILY INJURY (Per person) $ OWNE _ AUTOSD ONLY AUTOS SCHEDULED BODILY INJURY (Par accident) $ HIRED PROPERTY DAMAGE $ HNON-OWNED AUTOS ONLY AUTOS ONLY Wer accidentl UMBRELLA LIAR OCCUR HCLAIMS-MADE EACH OCCURRENCE $ EXCESS LIAR AGGREGATE $ DED I J RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS'UAB[LrTY YIN I SPER TATUTE I ERH I ANY PROPRIETOR/PARTNERlEXECUTIVE E.L. EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? NIA (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE I $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT is DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached H more apace Is required) RE: Winter Wonderland, December 15-17, 2023 Certificate Holder is Additional Insured with regards to General Liability. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Sebastian ACCORDANCE WITH THE POLICY PROVISIONS. 1225 Main Street AUTHORIZED REPRESENTATIVE Sebastian FL 32958 I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 54 of 435 CITY OF SEBASTIAN LEISURE SERVICES RECEIPT 2735 Name gate // h o check # OCredit W1A17-2'-/C. c.d0*VAXW-4-17"' li 4r. �� �,� *07 Amount Paid 001001 208001 Sales Tax 13 zco 001001 220000 Security Deposit 4100-00 001501 362100 Taxable Rent .too. o0 001501 362150 Non Taxable Rent 001501 342100 Police Security Services 001501 366150 Brick Pavers 001501 366000 Memorial Benches 001501 369400 Reimbursement Services i /-2.,//7 /0 1 / Total Pai�!.3Z� (�611nnfflals i White - Deot. of Oriain - Yellow - Admin. Svcs. - Pink - Molicant 55 of 435 CITY OF SEBASTIAN 2737 LEISURE SERVICES RECEIPT Name f5 a.4-b,-5n Q to Cash ,Date I 1 I Cr /23 ❑ Check # W� n lflvefancL J' �an6 O Credit Amount Paid 001001 208001 Sales Tax 001001 220000 Security Deposit 001501 362100 Taxable Rent 001501 362150 Non -Taxable Rent 001501 342100 Police Security Services 001501 366150 Brick Pavers 001501 366000 Memorial Benches 001501 369400 Reimbursement Services I re S by (�O, on (ASOO 10- 32,2052-) 619 Total Paid 60, ao, - Olnfflals White - D@Dt. of Oriain • `fellow - Admin. Svcs. - Pink - AoDlicant CMCf SEBAST_V HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date. December 13, 2023 Agenda Item Title: Snow's Space Coast Superior Events — Sweet Tea Sip and Stroll Recommendation: Staff recommends approval for the Sweet Tea Sip and Stroll Event. Background: Barb Snow of Snow's Space Coast Superior Events is seeking Council approval for a 2 day Arts and Craft event known as Sweet Tea Sip and Stroll at Riverview Park. Event dates are 1 /27/2024 through 1 /28/2024. Attendees are expected to range from 100-500 people throughout the event. If Agenda Item Requires Exuenditure of Funds: N/A Budgeted Amount: Total Cost: Funds to Be Utilized for Appropriation: Attachments: 1. Special Event Permit Application 2. Certificate of Liability Insurance 3. Payment Receipt Administrative Services Department Review: City Attorney Review: Procurement Division Review, if applicable: City Manager Authorization: Date: 1#6 /-1,013 NIA N/A N/A 57 of 435 �lVCR-s,/i tau,? .�R MOF SEBASTIAN ` z "2-:5 HOME OF PELICAN ISLAND CITY OF SEBASTIAN PARK USE PERMIT APPLICATION 1225 Main Street, Sebastian, FL 32958 Parks Phone: (772) 228-7054 Fax: (772) 388-8249 *For emergency purposes ONLY, please dial772.473.0454* NO PERSON SHALL DRIVE OR PARK ANY UNAUTHORIZED VEHICLE ON ANY AREA WITHIN ANY PARK OR RECREATIONAL AREA EXCEPT DESIGNATED PARK ROADS OR PARKING AREAS. ORD. 74-4.DRIVING OR PARKING ANY UNAUTHORIZED VEHICLE IN THE PARK AREA WILL RESULT IN FORFEITURE OF THE SECURITY DEPOSIT. Please check appropriat box(es): Park Event (75 to 300 anticipated attendees) _ Snarial Event (301 or more anticipated attendees) $100 Security Deposit - $100 rent plus 6.5% tax - $106.50 Will event require road closures *Must provide detailed site plan with application. *If requesting road closures, include road Closure plan. Events and Alcohol Beverage Request require City Council Date: `.� � am/fe of Permittee Tpermits may only be issued to an adult) L' i //1 ,� f�Ud1r.� Name of Organiz tion (if applicable) h ical Ad r Mailing Address if Different tty State Zip I fPhone E-Mail / ('s%+✓ Requested Date(s) Rain Date (if applicable) Time From -To ' Anticipated Number of Attendees A or Rental = Type o Ftrttction " Will there be any sale of goods? Yes No (If yes, please describe type of goods on back) Will th re be food or other vendors? Yes No (If yes, please list name, address of each on back with description and schematic of structures (tents, etc.) to be erect or otherwise assembled on back. (May require Health Dept. or Fire Dept. permit) 1,)Opvk r.A fF} _j rV i,,%/, the undersigned, acknowledge that I am the applicant or authorized agent of the above referenced organization. I am aware of the provisions of the City of Sebastian Codes in respect to this application and use of City facilities for which I have applied for a permit for a Park Event or Special Event. I have been provided with the general rules prescribed-b'y the City and agre fo the terms thereof. Signature of Applicant Special Event/Park Use Application Rev 01.2021 58 of 435 City of Sebastian � _ Home of Pelalcan Island City of Sebastian Municipal Police Department Avi lication for Police Extra -Duty Officer Services This application is required to engage extra -duty services of the requested number of Officers for public safety, health and welfare services that are in addition to those provided generally to the public. It is understood that this is a non -binding agreement. A minimum of five (5) days advance notice is requested prior to the service date and advanced payment is required. Cancellation of the detail, with less than 24 hours notice prior to commencement of the detail, will result in three (3) hours minimum billing per Officer. Payment should be made payable to the City of Sebastian, 1225 Main Street, Sebastian, Florida 32958. *** (3) Hour Minimum Per Each Officer Required*** Rate Per Hour For Each Officer ..............$40.00 Rate Per Hour For Each Supervisor ........... $45.00 Rate Per Hour For Each Vehicle .............$3.00 (Applies to °�'-site Applicant: utilization of vehicle) rl 7 Mailing ress: l r/] / fl 11 f �.� 6( Uq city:- 4 I (� ,� Stater / ZipCode:-) Z/ q : Requested By: �t'� � Telephone Numbers: 0. 131JAic-u ;i.� re.,. u .y l:'I'+.;. o:l:r.�..i:.a,u�r aj,75 to 150 2 - Officers are required for attendance of 151 to 300) Number of Officers required: In Uniform:./ Plain Clothes: Starting Date: �� c-?-7 _ Ending Date: Starting Time: / L' to Ending Time: "-)(I) ✓d, 0 n tiC " - U Services Requested: t%ri� l d Service Location:1 1? I n U Vj ;/ va ✓ !� Estimated Attendance: Alcoholic Beverages Served: Yes No� Type r Other Comments or Duties: /MP L D _!�O,-- x / L� % � �1�7 Pre f & I Ur-e ate Received L!' Applicant's Signature Please apply online once you have been approved: httos.//requests.detailkommander.com/sebastian Reviewed By Command Staff Officer's Signature Officer's Comments Date Worked Time Worked 59 of 435 CITY OF PERMIT TECH. HOME OF PELICAN ISLAND BUILDING DEPARTMENT �I of FIRE PKEVENFION OFFICE PERMIT N• 12S MAIN STREET • SEBASTIAN. FLORIDA 329M TELEPHONE (772169.5537 FAX (772) 589-2566 SPECIAL EVENT / PARK USE ONLY Application date' Name of event: � oye ,I- Organization holding event:I/Y Address location for event: q /01n L)t,��- (if not owner of site, provide written consent from property owner) Date(s) of event:'-1-9 / 1 04. V/ Time(s) of Event: from: q to: 16 Contact person(sj: `— 1J Phone(s): � d y .��� 7, Contact e-mail addressPl /b/ _-2-A ��_��}r-�•Sn ldt A ' C Al-_ -7 „/C�� Date when ready for inspection: � /- ��G��'� Time: /l'1 ee APPLICATION SHALL BE ACCOMPANIED BY A NEATLY DRAWN, LEGIBLE SKECTCH SHOWING SITE LOCATION, SIZES OF ALL TENTS, LOCATION OF VENDORS, COOKING AREAS, GENERATORS, STRUCTURES OR STAGES, AND TEMPORARY SANITARY FACILITIES. RESPONSIBLE PARTY FOR THE EVENT SHALL CAREFULLY READ AND INTITIAL EACH BOX OF THE ATTACHED VENDORS SAFETY CHECKLIST AND SIGN AT THE BOTTOM. NOTE: ADDITIONAL FEES MAY APPLY IF EVENT REQUIRES AN EXCLUSIVE OR NON-EXCLUSIVE FIRE UNIT FROM INDIAN RIVER COUNTY FIRE BUREAU. APPLICATIONS ARE AVAILABLE AT INDIAN RIVER COUNTY FIRE BUREAU WEBSiTE ANY TENTS LARGER THAN 12X12 WILL REQUIRE A CERTIFICATE OF FLAME RESISTANCE SPECIAL EVENT COOKING QUESTIONAIRE 1. Location of cooking shown on attached sketch? YES & N/A A/r- 2. is any cooking taking lace under a tent? If yes, Explain: 71f' I / � OP1 S r � ld (=e-N-{No deep frying under a tent} 3. Describe Number, type and size of cookers 4. Type(s) of heating source? (LP, Electric, Charcoal, etc.)/ SPECIAL EVENT SITE INFORMATION 1. Number of On -Site parking stalls utilized (provide a parking plan) 2. Is Off -Site or overflow parking available? Explain (provide agreements with property owners) } 60 of 435 1. Number, type and location of proposed restroorn (facilities: 2. Number and Type of temporary structure(sj;__i' / - Size(s): 3. Temporary electric power? Please check: Yes)`0 No Provided By: Portable Generator Other If Other, please describe: 4. Providing crowd contr I, security, or king assistance? Yes T` No es, please describe: ► �/ �7 fn'� S. Estimated attendance at peak time: Only items that in accordance with applicable Florida Statutes and City Ordinances will be permitted to be sold in the City of Sebastian. FIREWORKS ARE PROHIBITED FOR RETAIL SALE IN THE CITY OF SEBASTIAN. SPARKLERS AS DEFINED IN F.S. 791 MAY BE PERMITTED FOR RETAIL SALE PROVIDED A SPECIAL EVENT PERMIT HAS BEEN ISSUED BY THE CITY OF SEBASTIAN. Any vendor found in non-compliance with the Florida Fire Prevention Code and any associated NFPA may not be able to open and/or operate until the vendor corrects the code violation(s). I HAVE READ AND UNDERSTAND THE FORGOING SPECIAL EVENT REQUIREMENTS AND VENDORS SAFETY CHECKLIST APPLICANT'S SIGNATURE:,llo / PRINTED NAME: v Approved: Denied: By: Date: City Managers Signature Approved: Denied: By: Date: Fire Marshal's Signature Fire Safetv Snecialty Fees Small Special Event: One Day / < 25 sites / No cooking or temp. electric / Max tent size 12x12 NO FEE Reoccurring Special Event: Non-consecutive but reoccurring one day Special Event $60.00 (per event One Day / < 25 sites / May include cooking or temp. electric / Max tent size 12x12 depending on # of inspections) Good for 120 days / Up to 6 per year (may be extended with proper notice) Lari;e Special Event: $60.00 All other Special Events (per event) •' ADDITIONAL FEES MAY APPLY FOR AN EXCLUSIVE OR NON-EXCLUSIVE FIRE UNIT THROUGH IRC FIRE RESCUE " 61 of 435 CITY OF SF,$AsT! ,N HOME OF PELICAN ISLAND BUILDING DEPARTMENT FIRE PREVENTION OFFICE 1225 MAIN STREET • SEBASTIAN. FLORIDA 32958 TELEPHONE7 (7721 589.5537 FAX 177.) 569.25(M VENDORS CHECKLIST SPECIAL EVENT VENDOR REOUIREMENTS General: Please read carefuliv l initial each section and_5ign at t bottom -f'l'_c'Il SPECIAL EVENT NAMEl ' WY , Y-epr " DATE(S) OF EVENT: EVENT CODRDINATO : Jts/ L_J TENTS: All tents shall have some type of Flame Retardant or f Resistant Certificate (TAG or PAPERWORK) on -site and submitted to the Fire Prevention Office prior to the event. Shade canopies smaller than 12x12 without sides may be approved for use on a case by case basis. Canopies must be spaced a minimum of 4 ft. apart. No smoking allowed in any tent. OOKING TENTS: Tents are allowed to have cooking APPROVED APPLIANCES) along the outer edges of the tent. LP gas tanks must be secured in place (max cap 20lbs.) Fire Extinguisher must be readily available. Any LP tanks larger than 20 lbs. shall be secured 10 ft. from tents with gas lines secured. Ali cooking vendors shall have a 1Of. separation from all other non -cooking vendors. NO DEEP FRYING UNDER TENTS. E EXTINGUISHERS: It is recommended that every vendor Ir have an extinguisher. At least one currently certified and tagged, or within one year of manufacture date, extinguisher is re_ uuired every 75 ft along event walkways. All vendors who are cooking andlor using generators are required to have at least one 51b ABC currently certified and tagged, or within one year of manufacture date, (2A10BC) extinguisher. All vendors who are deep fat frying are required to have at least one currently tagged Class K extinguisher. EATING: Seating and chair arrangements shall be approved by the Fire Prevention Office prior to the event and have a minimum of 311. wide walkways to all exits in the lent. Tents with an occupant load of over 49 require a minimum of 2 exits. t.FLARGE TENTS: For tents, 20x20 or larger where enclosures are used (sides), exits shall have exit signage. If a tent is used at night, exit signs will have attached emergency lighting and be AC and DC powered. 20x20 or larger tents must have NO SMOKING signs. )PEN FLAMES: Any unauthorized open flames, fireworks or fuel -fired lighting or devices are prohibited in any tent or similar All vendors shall be responsible for the following MIS:, - I VENDOR NAME: VENDOR CONTACT: enclosure unless prior approval from the Fire Prevention Office is obtained. SPECIAL_ EVENT PERMIT NO. 0 STORAGE: Use or handling of flammable liquids or gases shall be prohibited at the site unless specifically approved and inspected by the Fire Prevention Office. 5FLOOR/DECOR: No hay, straw, shavings or similar materials shall be permitted to be used within any structure, tent or canopy. Exceptions: Pre -approved flame retardant treated materials or livestock bedding/fodder. GENERATORS: Generators shall be on level ground, secured, and safely arranged and isolated from the occupants/general public. Exhaust shall be directed away from combustible material(s), people and/or animals. Spare fuel shall be stored in an approved container at a safe distance from the generator. NO HOT FUELING Fire extinguisher required. ELECTRIC: wiring and lighting shall be free of damage. All electrical equipment shall be isolated from the occupantsigeneral public in a safe manner. All electrical n ections and devices shall be in approved enclosures. COOKING: All food cooking concession trucks, trailers, and structures of rigid construction are required to have a currently tagged commercial ventilation and extinguishment/suppression systems if required per the FFPC and NFPA 96. Code References: Florida Fire Prevention Code (FFPC), NFPA 1, NFPA 96, NFPA 70, NFPA 101, & NFPA 102. Any vendor(s) found not complying with any of the checklist items may not be allowed to open and/or operate until compliance is made. i have read and understand the above vendor requirements for this cial Event Ft X c sponsible Party ge Df Special Event 62 of 435 rY ACC V CERTIFICATE OF LIABILITY INSURANCE I DA',1,o7,za2' ") THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT. If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Mitzy Taylor NAME: State Insurance Agency Inc. iuc NN . Extl• (772) 426-9933 I FAX(AIC. NO:(772) 426-9943 1010 SW Martin Downs Blvd E-MAIL s: certificates@stateinsuranceagent.com ADDRE INSURER(S) AFFORDING COVERAGE NAIC 0 Palm City FL 34990 INSURERA: RLI Insurance Company INSURED INSURER 0: Barbara Ann Snow INSURER C : DBA: Space Coast Superior Events INSURER D : 1099 Whisper Rd SE INSURER E : Palm Bay FL 32909 INSURER F : COVERAGES CERTIFICATE NUMBER: CL23117179315 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I�TR TYPE OF INSURANCE INaD *WVD POLICY NUMBER (MMIDDYNM) (MMlDD1 YY) LIMITS X COMMERCIAL GENERAL LIABILITY EACn ��(U S 1,000,000 © OCCUR (I�NR LIACLAIMS-MADE PREMISES (En occurreneal $ 50,000 MED EXP (Anv one oersonl S 51000 A Y BOP1050166 01/0312023 01/03/2024 PERSONAL dADVINJURY $ INCLUDED GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2.000,000 POLICY E PRO JECT LOC PRODUCTS -COMPIOPAGG $ 2,000.000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea aceldentl $ _ ANY AUTO f� d� BODILY INJURY (Per person) S OWNED SCHEDULED _ AUTOS ONLY AUTOS r— + BODILY INJURY (Per accident) �r + �+ L I t ��sttl"Qin� $ HIRED NON -OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) S UMBRELLA LIAB OCCUR HCLAIMS-MADE CQ►yA. q� LQA7 0 r1 6�^ '��- EACH OCCURRENCE Is EXCESS LIAR i q AGGREGATE Is � DED RETENTIONS S WORKERS OMP NSATION AND EMPLOYERS' LIABILI Y L�Q� I SPERTATUTE I I ER" Y / N r' ANY PROPRIETORIPARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? NIA (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE I S If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1 $ DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101. Additional Remarks Schedule, may be attached H more space is required) RE: Winter Wonderland, December 15-17, 2023 Certificate Holder Is Additional Insured with regards to General Liability. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELNERED IN City of Sebestian ACCORDANCE WITH THE POLICY PROVISIONS. 1225 Main Street AUTHORIZED REPRESENTATIVE Sebastian FL 32958 I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 63 of 435 CITY OF SEBASTIAN LEISURE SERVICES RECEIPT 2736 Name 0u.Nb.-,5MLfj ash Date 1 i 1 01" ! ❑ Check # 1/ PARK $Ft CIA I, T' ❑ Credit :6\A)eer-r k S1PO sMOLL daTl� 6 I/�/'� Amount Paid 001001 208001 Sales Tax 001001 220000 Security Deposit �Q n h ax.) d1 001501 362100 Taxable Rent 16000,00 001501 362150 Non -Taxable Rent 001501 342100 Police Security Services 001501 366150 Brick Pavers 001501 366000 Memorial Benches 001501 369400 Reimbursement Services o 1 + Total Paid initials White - Deot. of Oriain - Yellow - Admin. Svcs. • Pink - Aaolicant till is SEBASTOLN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetine Date: December 13, 2023 Agenda Item Title: Consideration of Resolution R-23-37 Electing to use the uniform method of collecting a Non -Ad Valorem special assessment to be levied within the incorporated area of the City of Sebastian. Recommendation: City Council action on Resolution R-23-37 following the Public Hearing Background: The City of Sebastian entered into a franchise agreement with Waste Management for universal solid waste collection and disposal services on April 12s, 2023 for a period of seven years commencing on July 1, 2023 and terminating on August 31, 2030. This agreement was in response to RFP #22-07, Exclusive Curbside Solid Waste Collection Services. At the time of the agreement Waste Management agreed to conduct quarterly billings and collections on all residential units within the City, starting with the July through September 2023 quarter and ending with the quarter ending September 2024. Effective October 1", 2024 the City of Sebastian is responsible for billings and collections on all residential units per the franchise agreement. Pursuant to Florida Statute 197.3632 the City shall adopt a resolution at a ,public hearing at which it elects to use the uniform method of collecting such assessment for the first time. Pursuant to the Statute the City published notice of its intent to use the uniform method for collecting such assessment weekly in a newspaper of general circulation within each county contained in the boundaries of the local government for 4 consecutive weeks preceding the hearing. The City began notices in the newspaper on Sunday, November l 9-th and it ran for 4 consecutive Sundays preceding this Public Hearing. if Agenda Item Requires Expenditure of Funds: Budgeted Amount: N/A Total Cost: To Be Determined Funds to Be Utilized for Appropriation. To Be Determined Attachments: 1. Exhibit A: Legal Ad in Treasure Coast Newspapers 2. Exhibit B: Limits of the City of Sebastian Legal Description Resolution R-23-37 Administrative Services Department Review City Attorney Review: ,,,,4 Procurement Division Review, if applicable: City Manager Authorization: Date: 0 65 of 435 34A I SUNDAY, NOVEMBER 19. 2023 1 TR£ASUR£ COAST N4WSPAPERS roc EXHIBIT A Could Haley bring women back to the party? Though many Republican officials continue tograp- ple with how to talk about abortion, one candidate may have unlocked a winning strategy, at least with conservative women. Former South Carolina Gov. Nikki Haley has sold throughout hercampaign that despite being "unspola- geticaliy pro -life; she would not push a federal limit given the slim chances of such a measure passing to- day's divided Congress. CITY OF FORT PIERCE NOTICE OF PROPOSED ANNEXATION The City Commission of the City of Fort Pierce, Fulda, pursuatll to Chapter 171 of Rodda Stale Statutes, andof the Code of Ordinances of the City of Fort Pierce. will on Monday, November 20, 2023 at 5:05 p,m., and Monday, Decambof 4, 2023 at 5;05 p.m, hold public Hearings an the enactment of the following proposed annexation ordinance on first and second readings, respectively, in the City Hail Commission Chambers, 100 North U.S. 01, Fort Pierce, Florida; said ordinances entitled: ORDINANCE NO. 23-061 - AN ORDINANCE EKTENDINGTHETERRIrORIALLIMITSOFTHECITYOF FORT PIERCE, FLORIDN TO INCLUDE ONE(1) PARCEL AT OR NEAR APPROXIMATELY 1703 TOTTEN ROAD, FORT PIERCE, FLORIDA AND SHOWN ON EXHIBIT A; DIRECTING THE ST. LUCIE COUNTY PROPERTY APPRAISER TO ASSESS SAID PROPERTY AND PLACE IT ON THE CITY TAX ROLLS AS OF JANUARY 1, 2024; DIRECTING THE ST. LUCIE COUNTY TAX COLLECTOR TO COLLECT TAXES ON THE HEREIN DESCRIBED PROPERTY; ESTABLISHING THE ZONING DESIGNATION GENERAL COMMERCIAL; ESTABLISHING THE LAND USE DESIGNATION GENERAL COMMERCIAL; DIRECTING FILING OF THE ORDINANCE WITH THE CLERK OF THE CIRCUIT COURT AND CHIEF ADMINISTRATIVE OFFICER OF ST. LUCIE COUNTY; DIRECTING REVISION OF THE CHARTER BOUNDARY ARTICLE TO BE FILED WITH THE DEPARTMENT OF STATE AND SUBMITTED TO THE OFFICE OF ECONOMIC AND DEMOGRAPHIC RESEARCH: PROVIDING FOR A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. All Interested parties may appear all the Public Hearings and be heard with respect to the proposed annexation. Said proposed ordinance and application will be available for Inspection in the City Clerk's Office, City Half, 100 North U.S. 91, Fort Pierce, Florida. Pursuant to Section 286.0105, Florida Statutes, the City hereby advises you that If you or another person decide to appeal any decision made by the City Commission with respect to any matter considered at Rs meeting or hearing, that you or said person will need a record of the pmceedings, and that far such purpose, affected persons may need to insure that a verbatim record of the proceedings Is made, which record Includes the testimony and evidence upon which the appeal is to be based. In accordance with the Amedcans with Disabilities Art and Section 2813.26. FIodda Statutes, persons with disabilities needing special accommodation to participate In this meeting should contact the City Clerk's Offea at (772) 467-SOM at least 48 hours prior to the meeting, Is/ Linda W. Cox City Cleric Publish: 1115/23 and 11/19/23 "She's basically saying,) have a conservative pasi- tlon, but I'm just being pragmatic; Dittmar said. And that's an interesting approach," Dittmar add- ed. "it may well work to attract some moderates, par- ticularly women, who are concerned about the ex. tremism on this Issue." Like other 2024 Republican presidential candidates hoping to dethrone Trump as party leader, Haley Is walking a fine line to appeal to more conservative pri- mary voters without hurting her chances with inde- pendents and moderates in the general election, Ditt- mar said. Haley's abortion position "tones her down" in com- parison to more "extreme rhetoric,' Del Perclo said. This contrast took center stage Nov. 8 when Haley clashed with fellow South Carolinian and then-presi- dcntial candidate Son. Tim Scott during the third OOP debate. Scott argued In support of a nationally -week abortion bats. Haley held firm, telling Scott that she "will sign any- thing where we can get 60 Senate votes." "But don't make the American people think that you're going to push something on them when we don't evenhavethe votes inthesenate, she said. Scott suspended his presidential campaign on Nov.12. Burrow, in New Hampshire, said she plane to sup- port Holey of former New Jersey Gov. Chris Christie, another presidential hopeful who supports leaving abortionto thestatos. Burrow, a retiredelectrical engi- CITY OF FORT PIERCE NOTICE OF PROPOSED ANNEXATION The City Carrrmfsskm of the City of Fort Pierce, Fladds, pursuant to Chapter 171 of Florida State Statutes, and of the Cade of Ordinances of the City of Fort Plarce, will on Monday. November 20, 2023 at 5U5 p.m., and Monday. Decambar 4, 2023 at 5-05 pm -hold Pubic Hearings on the enactment of the following proposed annexation ordinance on flret and second readings, respectively, in the City Hall Commission Chambers. 100 North U.S. Bt, Fort Pierce, Florida; said onnances entitled: ORDINANCE NO. 23-053 - AN ORDINANCE EXTENDING THE TERAMRIAL LIMITS OF THE CITY OF FORT PIERCE, FLORIDA, TO INCLUDE ONE (1) PARCEL AT OR NEAR APPROXIMATELY 3307 S. US HWY 1, FORT PIERCE, FLORIDA AND SHOWN ON EXHIBIT A DWMCTM THE ST, LUCIE COUNTY PROPERTY APPRAISER TO ASSESS SAID PROPERTY AND PLACE IT ON THE CITY TAX ROLLS AS OF JANUARY t, 202A DIRECTING THE ST. LUCIE COUNTY TAX COLLECTOR TO COLLECT TAXES ON THE HEREIN DESCRIBED PROPERTY; MAWN I NG THE SAINT LUCIE COUNTY ZONING DESIGNATION OF COMMERCIAL GENERAL AND RESIDENTIAL, MULTI -FAMILY: MAINTAINING THE SAINT LUCIE COUNTY LAND t1SEDESIGNATIONOFGOMMERCIALRiESIDENTLAL HIGH: DIRECTING FILING OF THE ORDINANCE WITH THE CLERK OF THE CIRCUIT COURT AND CHIEF ADMINISTRATIVE OFFICER OF ST. LUCIE COUNTY; DIRECTING REVISION OF THE CHARTER BOUNDARY ARTICLE TO BE FILED WRH THE DEPARTMENT OF STATE AND SUBMITTED TO THE OFFICE OF ECONOMIC AND DEMOGRAPHIC RESEARCH; PROVIDING FOR A SEVERABILTTY CLAUSE: REPEALING ALL ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWftH; AND PROVIDING FOR AN EFFECTIVE DATE. _____i t______________ As Interested partlea may appear at the Pubic Heanngs and be heard with respect to the proposed annexation. Said proposed ordinances and application will be available for inspection In the City Clerk's Office, City Hall, 100 North U.S. 91, Fort Pierce, Fkdda. Pursuant to Section 286.0106. Florida Statutes, the City hereby advises you that It you or another person dacklo to appeal arty decision made by the City Commission with respect to arty malts considered at Its meeting or hearing, thatyou or said person win need a record of the proceedings. and that for such purpose, affected persons may need to Insure that a verbatim record of the proceedings is media, which record Includes the testmony and evidence upon which the appeal is to be based. In accordance with the Americans with Dlsablatles Act and Section 286.26, Flodda Statutes, persons with dlsabiliflaa na"rig special accommodation to participate In this mesirig should cartact the City Clerk's Office at 1T72) 4b7ao65 at least 48 hours prior to the meeting. At Unda W. Cox City Clerk - Publsh: 11/5t23 and 11119n3 near, sees both candidates as more experienced and 'levelheaded' than others in the contest. "T want a president that acts like a president," Bur- row said. 'The all or nothing, take no prisoners ap- proach to government Is a disaster." GOP's Identity crisis and voter dissatisfaction Trump has been the sticking paint for many dissat- islied Republican women for almost eight years, as the GOP shifts to following 'a person rather than princi- ples, Del Petcio said. "The Republican Party tight now has moved very Trump, but that's not necessarily conservative," she said. Burrow fears the GOP is creeping toward more 'ex- tremist"views espoused by some of its newer political figures and rowing away from "the real sense of what conservatism used to mean: And it's not just the former president, 'When peoplelikeMarlorie Taylor Greene associate themselves with conservatives, it just grates on me,' Burrow said of the Georgia congresswoman. "t thinkof a conservative as someone that knows bow to speak, bass vocabulary, has reason and didn't ineitepeople to violence: Still, conservative womerf3 dissatisfaction isn't a surefire win for Biden or Democrats next November. Republican women have soured on the current presi- dent, Del Percio said. one of the problems Biden has Is the read swing voter of a Republican, and mostly women, who voted for him in 2020 because they really just couldn't take Trump - they don t like Biden now,' she said. "So the question Is, will they vote?" Despite their diseatisfadtian with Biden, Del Percio said issues like abortion could mobilize disillusioned Republican women. "The biggest challenge when trying to get women to come out in 2024 will be enthuslasm," Del Percla said. "There's no doubt about it, Republican women who were open to Biden in 202U, the Biden campaign has to hope that theydon't stay home. Which Is whythc W. - lot initiatives help." 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M W1 taxed nraam Wax! n t235 trla Snd, Sdesft fi. 3295A rude lks* m all sine to ated tar ee try act am made a kid am"* d Bc fwa,mneadad colmmeAYs fb>✓e M. aapnalenyrtemed 1amddv A.A1 me what emnfcee ayd ft-Vk. a1 cad nwwtr YA03 ID Ba ". we m nor as me dew d vd Cup Owk mud nary Hd at 1225 Max SVn3, My pdavd "b% n upped w7 dwidm d ax M Cenci wm Wax to NY atatw nrddwad we rood b mlb. tlr ncmaay araipeaada M erxvinl fad A -te M roved d Bat Pranadre h met. h aCGddelca wn1 the Mwkm Ma DBIMN ft poem pardhp ■ eww eccaxx"m er IN iedpekr is I I - h ft vmm" d.A eadad Ra ADA 0-11M M d urn} =42:1 M.karllarrwmtrhreBw drr d dr ham". s�AYlafIAY4t�i'f TIfAI�K1f0U70OUR SIXX SPONSORS THE STSWARD 66 of 435 ntmtlAiAuaAatua CLA'E'TSR EXHIBIT B LIMITS OF THE CITY OF SEBASTIAN LEGAL DESCRIPTION BEGINNING AT THE INTERSECTION OF THE WEST SHORE OF THE INDIAN RIVER AND THE SOUTH LINE OF LOT 8, JAMES A. HUDSON SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 183, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, RUN EAST TO A POINT IN THE CHANNEL OF THE INDIAN RIVER; 2. THENCE, FOLLOW THE CHANNEL OF THE INDIAN RIVER IN A SOUTHEASTERLY DIRECTION TO A POINT ON THE SECTION LINE BETWEEN SECTION 6 AND SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST; 3. THENCE RUN WESTERLY, ALONG SAID SECTION LINE TO THE INTERSECTION OF SAID SECTION LINE AND THE WEST SHORE OF THE INDIAN RIVER; 4. THENCE RUN SOUTHEASTERLY, ALONG THE WEST SHORE OF THE INDIAN RIVER TO THE INTERSECTION OF SAID WEST SHORE AND THE SOUTH LINE OF THE NORTH 229.89 FEET OF GOVERNMENT LOT 1, SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST, 5. THENCE RUN WESTERLY ON A LINE 229.89 FEET SOUTH OF A PARALLEL TO THE NORTH LINE OF SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST, TO THE EAST RIGHT-OF-WAY LINE OF INDIAN RIVER DRIVE; 6. THENCE RUN NORTHWESTERLY, ALONG SAID EAST RIGHT-OF-WAY LINE, TO THE INTERSECTION OF SAID EAST RIGHT-OF-WAY LINE AND THE NORTH LINE OF SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST, 7. THENCE RUN WESTERLY ALONG SAID SECTION LINE TO A POINT50 FEET NORTH OF THE NORTHEAST CORNER OF A PARCEL OF LAND AS DESCRIBED IN A WARRANTY DEED, AS RECORDED IN OFFICIAL RECORDS BOOK 2430, PAGE 2233 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; 8. THENCE RUN SOUTH TO THE NORTHWEST CORNER OF SAID PARCEL OF LAND; 9. THENCE FOLLOW THE EASTERN AND SOUTHERN BOUNDARY OF SAID PARCEL OF LAND FOR THE FOLLOWING 4 COURSES AS FOLLOWS: RUN S25 DEGREES 57'59" E FOR A DISTANCE OF 45.1S FEET; 10. THENCE RUN S64 DEGREES 02'01" W FOR A DISTANCE OF 74,00 FEET; 11_ THENCE RUN S25 DEGREES 57'59" E FOR A DISTANCE OF 13.00 FEET; 12. THENCE RUN S64 DEGREES02'01" W FOR A DISTANCE OF 241.84 FEET TO A POINT ON THE EAST RIGHT-OF-WAY OF U.S. HIGHWAY NO.1; 13. THENCE RUN NORTHWESTERLY ALONG THE EAST RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO.1 TO A POINT ON THE NORTH LINE OF SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST; 14. THENCE RUN WESTERLY, ALONG SAID SECTION LINE, TO A POINT ON THE EAST LINE OF LOT 19, BLOCK 4, SEBASTIAN GROVE ESTATES, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 5, PAGE 85, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; 15. THENCE RUN SOUTHEASTERLY, ALONG THE EAST LINE OF LOTS 19 AND 20 OF SAID PLAT, TO THE SOUTHEAST CORNER OF LOT 20; 16, THENCE RUN SOUTHWESTERLY, ALONG THE SOUTH LINE OF SAID LOT 20, TO THE SOUTHWEST CORNER OF SAID LOT 20; 17. THENCE RUN NORTHWESTERLY, ALONG THE WEST LINE OF LOTS 18,19 AND 20 OF SAID PLAT, TO THE INTERSECTION OF SAID WEST LINE AND THE NORTH LINE OF SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST, 18. THENCE RUN WESTERLY, ALONG SAID SECTION LINE, TO THE INTERSECTION OF SAID SECTION LINE WITH THE SOUTHEAST LINE OF BLOCK 10, HARDEE'S ADDITION TO SEBASTIAN, AS RECORDED IN PLAT BOOK 3, PAGE 1, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA; 67 of 435 LIMITS OF THE CITY OF SEBASTIAN f `� LEGAL DESCRIPTION 19. THENCE RUN SOUTHWESTERLY, ALONG THE SOUTHEAST LINE OF SAID BLOCK 10, TO THE INTERSECTION OF SAID SOUTHEAST LINE AND THE NORTH -SOUTH X SECTION LINE OF SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST, 20. THENCE RUN SOUTHERLY, ALONG SAID NORTH- SOUTH Y. SECTION LINE TO SOUTHWEST CORNER OF SEBASTIAN GROVE ESTATES, AS RECORDED IN PLAT BOOK 5, PAGE 85 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; 21. THENCE RUN EASTERLY ALONG THE SOUTH LINE OF SAID PLAT TO THE INTERSECTION OF SAID SOUTH LINE AND THE WEST RIGHT-OF-WAY LINE OF OLD DIXIE HIGHWAY; 22. THENCE RUN SOUTHEASTERLY ALONG SAID WEST RIGHT-OF-WAY LINE TO THE INTERSECTION OF SAID WEST RIGHT-OF-WAY AND THE SOUTH LINE OF THE NORTH % OF THE SOUTH Yl OF THE SOUTHEAST % OF THE NORTHEAST % OF SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST; 23. THENCE RUN WESTERLY ALONG THE SOUTH LINE OF THE NORTH %2 OF THE SOUTH % OF THE SOUTHEAST X OF THE NORTHEAST X TO THE WEST LINE OF THE SOUTHEAST X OF THE NORTHEAST X; 24. THENCE RUN SOUTHERLY, ALONG THE WEST LINE OF THE SOUTHEAST Y, OF THE NORTHEAST Y, TO THE EAST -WEST X SECTION LINE OF SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST; 25. THENCE RUN SOUTHERLY, ALONG THE WEST LINE OF THE NORTHEAST % OF THE SOUTHEAST''/. OF SAID SECTION 7, TO A POINT ON THE SOUTH LINE OF THE NORTH % OF THE NORTHEAST Y. OF THE SOUTHEAST Y4 OF SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST; 26. THENCE RUN EASTERLY, ALONG THE SOUTH LINE OF THE NORTH % OF THE NORTHEAST''/, OF THE SOUTHEAST '/. OF SAID SECTION 7, TO THE NORTHWEST CORNER OF A PARCEL OF LAND DESCRIBED IN WARRANTY DEED AS RECORDED IN OFFICIAL RECORDS BOOK 2561, PAGE 742, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FLORIDA; 27. THENCE RUN SOUTHEASTERLY, ALONG THE WEST LINE OF SAID PARCEL OF LAND, FOR A DISTANCE OF 230.50 FEET, THENCE RUN EASTERLY FOR A DISTANCE OF 187.02 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF OLD DIXIE HIGHWAY, 28. THENCE RUN SOUTHEASTERLY, ALONG THE WEST RIGHT-OF-WAY OF OLD DIXIE HIGHWAY, TO THE INTERSECTION OF SAID WEST RIGHT -CIF -WAY LINE AND THE EAST LINE OF SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST; 29. THENCE RUN SOUTHERLY, ALONG THE EAST LINE OF SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST, TO THE SOUTHEAST CORNER OF SAID SECTION 7 (NORTHWEST CORNER OF SECTION 17, TOWNSHIP 31 SOUTH, RANGE 39 EAST; 30. THENCE RUN EASTERLY, ALONG THE NORTH LINE OF SECTION 17, TOWNSHIP 31 SOUTH, RANGE 39 EAST, TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST RAILROAD; 31. THENCE RUN SOUTHEASTERLY, ALONG SAID WEST RIGHT-OF-WAY LINE TO THE INTERSECTION OF SAID WEST RIGHT-OF-WAY LINE AND THE SOUTH LINE OF THE NORTH 100 FEET OF THE NORTH'/ OF THE SOUTHEAST % OF THE NORTHWEST X OF THE NORTHWEST 1/4, LYING WEST OF THE FLORIDA EAST COAST RAILROAD, SECTION 17, TOWNSHIP 31 SOUTH, RANGE 39 EAST; 32. THENCE RUN WESTERLY ALONG THE SOUTH LINE OF THE NORTH 100 FEET OF THE NORTH % OF THE SOUTHEAST % OF THE NORTHWEST % OF THE NORTHWEST Y., TO A POINT ON THE EAST LINE OF THE WEST I/2 OF THE NORTHWEST X OF THE NORTHWEST %; 33. THENCE RUN SOUTHERLY ALONG SAID EAST LINE TO THE NORTHWEST CORNER OF THE NORTHEAST ''/, OF THE SOUTHWEST ''/a OF THE NORTHWEST Y4 OF SAID SECTION 17; 34, THENCE RUN EASTERLY, ALONG THE NORTH LINE OF THE NORTHEAST X OF THE SOUTHWEST % OF THE NORTHWEST Y. OF SAID SECTION 17, TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST RAILROAD; 68 of 435 LIMITS OF THE CITY OF SEBASTIAN LEGAL DESCRIPTION 35. THENCE RUN NORHWESTERLY, ALONG THE EAST RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST RAILROAD TO THE INTERSECTION OF SAID EAST RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST RAILROAD AND THE WEST RIGHT-OF-WAY LINE OF OLD DIXIE HIGHWAY; 36, THENCE RUN NORTHEASTERLY, ON A LINE PERPENDICULAR TO THE EAST RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST RAILROAD, FOR A DISTANCE OF 50 FEET, TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF OLD DIXIE HIGHWAY; THENCE RUN NORTHWESTERLY, ALONG THE EAST RIGHT-OF-WAY LINE OF OLD DIXIE HIGHWAY TO A POINT ON THE SOUTH LINE OF GOVERNMENT LOT 3, SECTION 17, TOWNSHIP 31 SOUTH, RANGE 39 EAST; 37. THENCE CONTINUE NORTHWESTERLY ALONG THE EAST RIGHT-OF-WAY LINE OF OLD DIXIE HIGHWAY, TO THE NORTHWEST CORNER OF A PARCEL OF LAND AS DESCRIBED IN WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 3089, PAGE 1643, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; 38. THENCE RUN EASTERLY, ALONG THE NORTH LINE OF SAID PARCEL, TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY NOA; 39. THENCE RUN SOUTHEASTERLY, ALONG THE WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO.1 TO THE INTERSECTION OF SAID WEST RIGHT-OF-WAY LINE AND THE SOUTH LINE OF A PARCEL OF LAND AS DESCRIBED IN WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 2347, PAGE 200, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; 40. THENCE RUN WESTERLY, ALONG THE SOUTH LINE OF SAID PARCEL, TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST RAILROAD; 41. THENCE RUN NORTHWESTERLY, ALONG THE EAST RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST RAILROAD, TO THE INTERSECTION OF SAID EAST RIGHT -OF WAY LINE AND THE NORTH LINE OF THE SOUTH Y: OF THE SOUTHEAST X OF THE NORTHWEST X OF SECTION 17, TOWNSHIP 31 SOUTH, RANGE 39 EAST; 42. THENCE RUN WESTERLY, ALONG THE NORTH LINE OF THE 51/2 OF THE SOUTHEAST X OF NORTHWEST % OF SAID SECTION 17 TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST RAILROAD; 43. THENCE RUN SOUTHEASTERLY, ALONG SAID WEST RIGHT-OF-WAY LINE, TO THE NORTHEAST CORNER OF LOT 19, UNRECORDED PLAT OF BREEZY VILLAGE MOBILE HOME SUBDIVISION UNIT 11, PER OFFICIAL RECORDS BOOK 756, PAGE 2373, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; 44. THENCE RUN 564°05'13" W, FOR A DISTANCE OF 70.34 FEET TO A NON -TANGENT POINT ON A CURVE; SAID CURVE BEING CONCAVE TO THE 50UTHWESTAND HAVING A RADIUS OF 295.00 FEET, A CHORD BEARING OF S11°08'55" E, AND A CHORD DISTANCE OF 76.57 FEET; 45. THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 14°54'49", FOR A DISTANCE OF 76.79 FEET TO A PDINT; 46. THENCE RUN S00°17'14" E FOR A DISTANCE OF 354.32 FEET; 47. THENCE RUN S89°42'46" W, FOR A DISTANCE OF 7051 FEET; 48. THENCE RUN N58°02'48" W FOR A DISTANCE OF 59.88 FEET, 49. THENCE RUN NOO°17'14" W FOR A DISTANCE OF 362.06 FEET; 50. THENCE RUN N25'38'36" W FOR A DISTANCE OF 509.97 FEET; 51. THENCE RUN S64°21'24" W FOR A DISTANCE OF 65.21 FEET; 52. THENCE RUN N25'38'36"W FOR A DISTANCE OF 498.12 FEET TO THE NORTHEAST CORNER OF BREEZY VILLAGE MOBILE HOME SUBDIVISION UNIT I, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 9, PAGE 34, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; SAID POINT ALSO BEING ON THE SOUTH RIGHT-OF-WAY LINE OF 991H STREET (VICKERS ROAD); 69 of 435 LIMITS OF THE CITY OF SEBASTIAN- LEGAL DESCRIPTION 53. THENCE RUN NORTHWESTERLY TO THE SOUTHWEST CORNER OF FISCHER INDUSTRIAL PARK SUBDIVISION; SAID POINT ALSO BEING THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF INDUSTRIAL PARK BOULEVARD AND THE NORTH RIGHT-OF-WAY LINE OF 99T" STREET (VICKERS ROAD); 54. THENCE RUN NORTHWESTERLY, ALONG THE WEST LINE OF FISCHER INDUSTRIAL PARK SUBDIVISION, TO THE NORTHWEST CORNER OF SAID SUBDIVISION; SAID POINT BEING ON THE NORTH LINE OF SECTION 20, TOWNSHIP 31 SOUTH, RANGE 39 EAST; 55. THENCE RUN WESTERLY, ALONG THE NORTH LINE OF SAID SECTION 20, TO THE NORTH CORNER OF SAID SECTION 20; 56, THENCE RUN SOUTHERLY, ALONG THE NORTH -SOUTH Y. SECTION LINE OF SAID SECTION 20, TO THE INTERSECTION OF SAID % SECTION LINE AND THE SOUTH LINE OF THE NORTH 233 FEET OF THE NORTHEAST % OF THE NORTHEAST A OF THE NORTHWEST % OF SECTION 20, TOWNSHIP 31 SOUTH, RANGE 39 EAST; 57. THENCE RUN WESTERLY, ALONG SAID SOUTH LINE, TO THE WEST LINE OF THE EAST 275 FEET OF THE NORTHEAST Y OF THE NORTHEAST % OF THE NORTHWEST % OF SAID SECTION 20; 58. THENCE RUN NORTHERLY, ALONG SAID WEST LINE, TO A POINT ON THE NORTH LINE OF SECTION 20, TOWNSHIP 31 SOUTH, RANGE 39 EAST; 59. THENCE RUN WESTERLY, ALONG THE NORTH LINE OF SAID SECTION 20, TO THE NORTHWEST CORNER OF THE EAST % OF THE NORTHWEST % OF SECTION 20 TOWNSHIP 31 SOUTH, RANGE 39 EAST; 60. THENCE RUN SOUTHERLY, ALONG THE WEST LINE OF THE EAST% OF THE NORTHWEST Y. OF SAID SECTION, TO THE EAST -WEST Y. SECTION LINE OF SAID SECTION 20; 61. THENCE RUN EASTERLY, ALONG THE EAST -WEST % SECTION LINE OF SAID SECTION 20, TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF FLORIDA EAST COAST RAILROAD; 62. THENCE RUN NORTHWESTERLY, ALONG SAID EAST RIGHT-OF-WAY LINE, TO THE INTERSECTION OF SAID EAST RIGHT-OF-WAY LINE AND THE NORTH LINE OF THE SOUTHWEST Y OF THE NORTHEAST X OF SAID SECTION 20; 63. THENCE RUN EASTERLY, ALONG THE NORTH LINE OF THE SOUTHWEST OF THE NORTHEAST % OF SAID SECTION 20, TO A POINT 409.98 FEET WEST OF THE NORTHEAST CORNER OF THE SOUTHWEST OF THE NORTHEAST % OF SAID SECTION 20; 64. THENCE RUN SOO°36'14" E FOR A DISTANCE OF 53.86 FEET; 65. THENCE RUN 526°05'30" E FOR A DISTANCE OF 117.59 FEET; 66, THENCE RUN N89'23'46" E FOR A DISTANCE OF 358.02 FEET TO A POINT ON THE WEST LINE OF THE SOUTHEAST Y4 OF THE NORTHEAST''/< OF SECTION 20, TOWNSHIP 31 SOUTH, RANGE 39 EAST; 67. THENCE RUN SOUTHERLY, ALONG THE WEST LINE OF THE SOUTHEAST % OF THE NORTHEAST Y. OF SAID SECTION 20, TO A POINT ON THE SOUTH LINE OF THE SOUTH 186 FEET OF THE NORTH 346 FEET OF THE NORTH % OF THE SOUTHEAST Y OF THE NORTHEAST % OF SAID SECTION 20; 68. THENCE RUN EASTERLY, ALONG THE SOUTH LINE OF THE SOUTH 186 FEET OF THE NORTH 346 FEET OF THE NORTH % OF THE SOUTHEAST Y OF THE NORTHEAST Y, OF SAID SECTION 20, TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO.1; 69. THENCE RUN SOUTHEASTERLY, ALONG THE WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO.1, TO THE INTERSECTION OF SAID WEST RIGHT-OF-WAY LINE AND THE NORTH LINE OF THE SOUTH 550 FEET OF GOVERNMENT LOT 3, SECTION 20, TOWNSHIP 31 SOUTH, RANGE 39 EAST, 70. THENCE RUN WESTERLY, ALONG THE NORTH LINE OF THE SOUTH 550 FEET OF GOVERNMENT LOT 3, SAID SECTION 20, TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST RAILROAD; 70 of 435 LIMITS OF THE CITY OF SEBASTIAN LEGAL DESCRIPTION 71. THENCE RUN SOUTHEASTERLY, ALONG THE WEST RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST RAILROAD, TO THE INTERSECTION OF SAID WEST RIGHT-OF-WAY LINE AND THE SOUTH SECTION LINE OF SECTION 20, TOWNSHIP 31 SOUTH, RANGE 39 EAST; 72. THENCE RUN WESTERLY, ALONG THE SOUTH LINE OF SAID SECTION 20, TO THE NORTHEAST CORNER OF THE WEST Y2 OF THE NORTHEAST Ya OF SECTION 29, TOWNSHIP 31 SOUTH, RANGE 39 EAST; 73, THENCE RUN SOUTHERLY, ALONG THE EAST LINE OF THE WEST Y: OF THE NORTHEAST Y. OF SAID SECTION 29, TO THE SOUTHEAST CORNER OF THE WEST % OF THE NORTHEAST Y. OF SAID SECTION 29; THE SAME BEING THE EAST -WEST % SECTION LINE OF SAID SECTION 29; 74. THENCE RUN WESTERLY, ALONG THE EAST -WEST Y SECTION LINE OF SECTION 29, TOWNSHIP 31 SOUTH, RANGE 39 EAST TO THE CENTER OF SAID SECTION 29; 75. THENCE RUN NORTHERLY, ALONG THE NORTH -SOUTH A SECTION LINE OF SAID SECTION 29, TO THE NORTHEAST CORNER OF THE SOUTHEAST % OF THE SOUTHEAST'Y. OF THE NORTHWEST % OF SAID SECTION 29; 76. THENCE RUN WESTERLY, ALONG THE NORTH LINE OF THE SOUTHEAST % OF THE SOUTHEAST Y, OF THE NORTHWEST OF SAID SECTION 29 TO THE NORTHWEST CORNER OF THE SOUTHEAST OF THE SOUTHEAST Y. OF THE NORTHWEST% OF SAID SECTION 29; 77. THENCE RUN SOUTHERLY, ALONG THE EAST LINE OF THE SOUTHEAST Y OF THE SOUTHEAST''/. OF THE NORTHWEST X OF SAID SECTION 29, TO THE SOUTHWEST CORNER OF THE SOUTHEAST % OF THE SOUTHEAST OF THE NORTHWEST% OF SAID SECTION 29; SAID POINT BEING ON THE EAST - WEST % SECTION LINE OF SAID SECTION 29; 78. THENCE RUN WESTERLY, ALONG THE EAST -WEST % SECTION LINE OF SAID SECTION 29, TO A POINT 125 FEET EAST OF THE SOUTHWEST CORNER OF SAID SECTION 29; 79. THENCE RUN NORTHERLY, ALONG A LINE 125 FEET EAST OF AND PARALLEL TO THE WEST LINE OF THE SOUTHWEST % OF THE SOUTHEAST % OF THE NORTHWEST % OF SAID SECTION 29, FOR A DISTANCE OF 100 FEET, 80. THENCE RUN WESTERLY, ALONG A LINE 100 FEET NORTH OF AND PARALLEL TO THE EAST -WEST Y SECTION LINE OF SAID' SECTION 29, TO A POINT 25 FEET EAST OF THE WEST LINE OF THE NORTHWEST Y OF THE SOUTHEAST % OF THE NORTHWEST''/, OF SAID SECTION 29; 81. THENCE RUN NORTHERLY, ALONG A LINE 25 FEET EAST OF AND PARALLEL TO THE AND THE WEST LINE OF THE NORTHWEST % OF THE SOUTHEAST X OF THE NORTHWEST''/< AND THE WEST LINE OF THE NORTHWEST Y OF THE SOUTHEAST % OF THE NORTHWEST ''/, OF SAID SECTION 29, TO A POINT 150 FEET SOUTH OF THE NORTH LINE OF THE SOUTHEAST % OF THE NORTHWEST % OF SAID SECTION 29; THENCE RUN EASTERLY, ALONG A LINE 150 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF THE SOUTHEAST X OF THE NORTHWEST''/, OF SAID SECTION 29, FOR A DISTANCE OF 147 FEET TO A POINT; 82, THENCE RUN NORTHERLY, ON A LINE 172 FEET EAST OF A PARALLEL TO THE WEST LINE OF THE SOUTHEAST % OF THE NORTHWEST Y OF SAID SECTION 29, TO A POINT ON THE NORTH LINE OF THE SOUTHEAST Y. OF THE NORTHWEST % OF SAID SECTION 29; 83. THENCE RUN RUNEASTERLY, ALONG THE NORTH LINE OF THE SOUTHEAST OF THE NORTHWEST OF SAID SECTION 29, TO THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF ALHAMBRA AVENUE AND A PLATTED CORNER OF SEBASTIAN HIGHLANDS UNIT-17, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 8, PAGE 46, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; 84. THENCE, FOLLOWING THE LIMITS OF SAID PLAT, RUN ND0°23'50" W FOR A DISTANCE OF 662.40 FEET TO A POINT; 85. THENCE CONTINUING ALONG THE LIMITS OF SAID PLAT, RUN N89°27'36" W FOR A DISTANCE OF 1008.09 FEET TO A POINT; 71 of 435 LIMITS OF THE CITY OF SEBASTIAN LEGAL DESCRIPTION 86. THENCE CONTINUING ALONG THE LIMITS OF SAID PLAT RUN S00°25'27" E FOR A DISTANCE OF 662.94 FEET; 87. THENCE CONTINUING ALONG THE LIMITS OF SAID PLAT RUN N89"29'27" W FOR A DISTANCE OF 671.85 FEET TO THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF ALHAMBRA AVENUE AND THE EAST RIGHT-OF-WAY LINE OF SCHUMANN DRIVE; SAID EAST RIGHT-OF-WAY LINE ALSO BEING THE EAST LINE OF SECTION 30, TOWNSHIP 31 SOUTH, RANGE 39 EAST; 88. THENCE RUN SOUTHERLY ALONG THE EAST SECTION LINE OF SAID SECTION 30, THE SAME BEING THE LIMITS OF SEBASTIAN HIGHLANDS UNIT-17 AND THE EAST RIGHT-OF-WAY LINE OF SCHUMANN DRIVE, TO THE EAST Y. CORNER OF SAID SECTION 30; 89. THENCE RUN WESTERLY, ALONG THE EAST -WEST Y. SECTION LINE OF SAID SECTION 30, THE SAME BEING THE LIMITS OF SEBASTIAN HIGHLANDS UNIT 17, TO THE CENTER OF SECTION 30, TOWNSHIP 31 SOUTH, RANGE 39 EAST; 90. THENCE RUN SOUTHERLY, ALONG THE NORTH -SOUTH '/a SECTION LINE OF SAID SECTION 30, TO THE SOUTHEAST CORNER OF CROSS CREEK LAKE ESTATES PLAT TWO, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 26, PAGE 74, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; 91. THENCE RUN WESTERLY, ALONG THE SOUTH LINE OF SAID PLAT, THE SAME BEING THE NORTH RIGHT-OF-WAY LINE OF A 100 FOOT DRAINGAGE EASEMENT, AND ALSO BEING A LINE 50 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF THE NORTH Y OF THE SOUTHWEST 1/4 OF SECTION 30, TOWNSHIP 31 SOUTH, RANGE 39 EAST, TO THE SOUTHWEST CORNER OF SAID PLAT; 92. THENCE CONTINUE WESTERLY ON SAID LINE 50 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF THE NORTH Y2 OF THE SOUTHWEST % OF SAID SECTION 30, TO A POINT ON THE WEST SECTION LINE OF SECTION 30, TOWNSHIP 31 SOUTH, RANGE 39 EAST, THE SAME BEING THE RANGE LINE BETWEEN RANGE 38 EAST AND RANGE 39 EAST; 93. THENCE RUN SOUTHERLY, ALONG THE WEST SECTION LINE OF SAID SECTION 30 AND 38 EAST/39 EAST RANGE LINE, TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF 85" STREET (COUNTY ROAD 510), 94. THENCE RUN WESTERLY, ALONG THE NORTH RIGHT-OF-WAY LINE OF 85" STREET (COUNTY ROAD 510) TO THE INTERSECTION OF SAID NORTH RIGHT -OF WAY LINE AND THE WEST LINE OF THE EAST Yz OF THE WEST % OF THE SOUTHWEST % OF THE SOUTHEAST OF SECTION 25, TOWNSHIP 31 SOUTH, RANGE 38 EAST; 95. THENCE RUN NORTHERLY, ALONG THE WEST LINE OF THE EAST Y, OF THE WEST X OF THE SOUTHWEST''/, OF THE SOUTHEAST Y OF SAID SECTION 25, TO A POINT ON THE NORTH LINE OF THE SOUTHWEST''/. OF THE SOUTHEAST % OF SAID SECTION 25; 96. THENCE RUN WESTERLY, ALONG THE NORTH LINE OF THE SOUTHWEST OF THE SOUTHEAST Y OF SAID SECTION 25 TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF THE SEBASTIAN RIVER DRAINAGE DISTRICT CANAL, AS RECORDED IN DEED BOOK 32, PAGE 177, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; 97. THENCE RUN NORTHWESTERLY, ALONG THE NORTHEAST RIGHT-OF-WAY LINE OF SAID CANAL, TO THE INTERSECTION OF SAID NORTH RIGHT-OF-WAY LINE AND THE WEST LINE OF THE EAST Y OF THE NORTHEAST''/. OF THE SOUTHWEST % OF SECTION 25, TOWNSHIP 31 SOUTH, RANGE 38 EAST; 98. THENCE RUN NORTHERLY, ALONG THE EAST LINE OF THE WEST % OF THE NORTHEAST''/. OF THE SOUTHWEST % OF SAID SECTION 25, TO THE NORTHWEST CORNER OF THE EAST % OF THE NORTHEAST Y OF THE SOUTHWEST Y OF SAID SECTION 25, SAID POINT BEING ON THE EAST -WEST SECTION LINE OF SAID SECTION 25 AND ALSO BEING A POINT ON THE SOUTH LINE OF SEBASTIAN HIGHLANDS UNIT-11, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 7, PAGE 56, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; 72 of 435 LIMITS OF THE CITY OF SEBASTIAN LEGAL DESCRIPTION 99. THENCE RUN WESTERLY, ALONG SAID EAST -WEST Y. SECTION LINE OF SAID SECTION 25, TO THE INTERSECTION OF SAID % SECTION LINE AND THE ;:AST LINE OF THE WEST 17 ACRES OF THE NORTHWEST % OF THE SOUTHWEST % OF SECTION 25, TOWNSHIP 31 SOUTH, RANGE 38 EAST; 100. THENCE RUN SOUTHERLY, ALONG THE EAST LINE OFTHE WEST 17 ACRES OF THE NORTHWEST Y OF THE SOUTHWEST % OF SAID SECTION 25, TO A POINT ON THE SOUTH LINE OF THE NORTHWEST OF THE SOUTHWEST % OF SAID SECTION 25; 101. THENCE RUN EASTERLY, ALONG SAID SOUTH LINE TO THE NORTHEAST CORNER OF THE WEST % OF THE SOUTHEAST Y4 OF THE SOUTHWEST Y. OF SAID SECTION 25; 102. THENCE RUN SOUTHERLY, ALONG THE EAST LINE OF THE WEST % OF THE SOUTHEAST Y. OF THE SOUTHWEST % OF SAID SECTION 25, TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF 85TH STREET (COUNTY ROAD 510); 103. THENCE RUN EASTERLY, ALONG SAID SOUTH RIGHT-OF-WAY LINE TO THE INTERSECTION OF SAID SOUTH RIGHT-OF-WAY LINE AND THE WEST LINE OF A SEBASTIAN RIVER IMPROVEMENT DISTRICT LATER "L" CANAL; 104. THENCE RUN SOUTHERLY, WEST OF A PARALLEL TO THE NORTH -SOUTH '/a SECTION LINE OF SECTION 36, TOWNSHIP 31 SOUTH, RANGE 38 EAST, ALONG THE WEST LINE OF SAID LATERAL "L" CANAL TO THE SOUTHWEST CORNER OF SAID LATER "L" CANAL; 105. THENCE RUN EASTERLY, ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID LATERAL "L" CANAL, SAID LINE BEING SOUTH OF AND PARALLEL TO THE NORTH LINE OF THE SOUTHWEST % OF THE NORTHEAST Y4 OF SAID SECTION 36, TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF SAID LATERAL "L" CANAL; 106. THENCE RUN SOUTHERLY, ALONG SAID WEST RIGHT-OF-WAY LINE, SAID LINE BEING WEST OF AND PARALLEL TOTHE EAST LINE OFTHE SOUTHWESTY, OFTHE NORTHEASTY44 OFSAID SECTION 36, TO THE SOUTHWEST CORNER OF SAID LATER "L" CANAL; 107. THENCE RUN EASTERLY, ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID LATERL "L" CANAL, SAID LINE BEING SOUTH OF AND PARALLEL TO THE NORTH LINE OF THE SOUTHWEST X OF THE SOUTHEAST Y4 OF THE NORTHEAST X OF SAID SECTION 36, TO A POINT ON THE WEST RIGHT-OF- WAY LINE OF SAID LATER "L" CANAL; 108. THENCE RUN SOUTHERLY, ALON SAID WEST RIGHT-OF-WAY LINE, SAID LINE BEING WEST OF AND PARALLEL TO THE EAST LINE OF THE WEST % OF THE EAST Y, OF THE EAST Ya OF SAID SECTION 36, TO THE INTERSECTION OF SAID WEST RIGHT-OF-WAY LINE AND THE SOUTH LINE OF SEBASTIAN RIVER IMPROVEMENT DISTRICT SUB -LATERAL "C-3E" CANAL; 109. THENCE RUN EASTERLY, ALONG THE SOUTH RIGHT-OF-WAY LINE OF SAID SUB -LATERAL "C-3E" CANAL, SAID LINE BEING SOUTH OF AND PARALLEL TO THE NORTH LINE OF THE SOUTHEAST is OF THE SOUTHEAST Y OF SAID SECTION 36, TO A POINT ON THE 38 EAST/39 EAST RANGE LINE; 110. THENCE RUN SOUTHERLY ALONG SAID 38 EAST/ 39 EAST RANGE LINE, TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF 69T" STREET, SAID POINT BEING 62.5 FEET NORTH OF THE SOUTHEAST CORNER OF SECTION 1, TOWNSHIP 32 SOUTH, RANGE 38 EAST; 111. THENCE RUN WESTERLY, ALONG THE SAID NORTH RIGHT-OF-WAY LINE TO THE INTERSECTION OF SAID LINE AND THE EAST RIGHT-OF-WAY LINE OF RANCH ROAD (8211° AVENUE); 112. THENCE RUN NORTHERLY, ALONG SAID EAST RIGHT -OF WAY LINE, TO THE INTERSECTION OF SAID LINE AND THE EAST -WEST X SECTION LINE OF SECTION 1, TOWNSHIP 32 SOUTH, RANGE 38 EAST; THENCE RUN WESTERLY, ALONG SAID EAST -WEST Y, SECTION LINE TO THE WEST Ya CORNER OF SAID SECTION 1; 113. THENCE CONTINUE WESTERLY, ALONG THE EAST -WEST''/, SECTION LINE OF SECTION 2, TOWNSHIP 32 SOUTH, RANGE 38 EAST, TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF DAVIS ROAD (84- AVENUE); 73 of 435 LIMITS OF THE CITY OF SEBASTIAN LEGAL DESCRIPTION 114. THENCE RUN SOUTHERLY, ALONG SAID WEST RIGHT-OF-WAY LINE, TO A POINT ON THE NORTH RIGHT OF WAY LINE OF THE SEBASTIAN RIVER IMPORVEMENT DISTRICT SUB -LATER "C-5W" CANAL; 115. THENCE RUN WESTERLY, ALONG SAID NORTH RIGHT-OF-WAY LINE, TO THE INTERSECTION OF SAID LINE AND THE WEST LINE OF THE NORTHEAST % OF THE SOUTHWEST % OF SAID SECTION 2; 116. THENCE RUN NORTHERLY, ALONG SAID WEST LINE, TO A POINT ON THE EAST -WEST Y. SECTION LINE OF SAID SECTION 2; THENCE RUN WESTERLY, ALONG SAID EAST -WEST''/< SECTION LINE, TO THE NORTHEAST CORNER OF THE NORTHWEST % OF THE SOUTHWEST''/s OF SAID SECTION 2; 117. THENCE RUN SOUTHERLY, ALONG SAID EAST LINE, TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF SAID SUB -LATERAL "C-5W" CANAL; 118. THENCE RUN WESTERLY, ALONG SAID NORTH -RIGHT-OF-WAY LINE, TO A POINT ON THE EAST RIGHT OF WAY LINE OF THE SEBASTIAN RIVER IMPROVEMENT DISTRICT LATERAL "D" CANAL; 119. THENCE RUN NORTHERLY, ALONG SAID EAST RIGHT-OF-WAY LINE, TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF THE SEBASTIAN RIVER IMPROVEMENT DISTRICT SUS -LATERAL "C-4W" CANAL, 120. THENCE RUN EASTERLY, ALONG SAID SOUTH RIGHT-OF-WAY LINE, TO A POINT ON THE WEST LINE OF THE SOUTHEAST % OF THE NORTHWEST % OF SAID SECTION 2; 121. THENCE RUN NORTHERLY ALONG SAID WEST LINE TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF THE SEBASTAIN RIVER IMPROVEMENT DISTRICT SUB -LATERAL "C-3W" CANAL; 122. THENCE RUN WESTERLY, ALONG SAID NORTH RIGHT-OF-WAY LINE, TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF SEBASTIAN RIVER IMPROVEMENT DISTRICT LATERAL "D" CANAL; 123. THENCE RUN NORTHERLY, ALONG SAID EAST RIGHT OF WAY LINE TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF THE SEBASTIAN RIVER IMPROVEMENT DISTRICT SUB -LATERAL "C-2W" CANAL; 124. THENCE RUN EASTERLY, ALONG SAID SOUTH RIGHT OF WAY LINE, TO A POINT ON THE WEST LINE OF THE SOUTHEAST % OF THE NORTHWEST % OF SECTION 35, TOWNSHIP 31 SOUTH, RANGE 38 EAST, 125. THENCE RUN NORTHERLY, ALONG SAID WEST LINE TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF 85T" STREET (COUNTY ROAD 510); 126. THENCE RUN EASTERLY, ALONG THE SOUTH RIGHT-OF-WAY LINE OF 85T" STREET (COUNTY ROAD 510), TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF THE SEBASTIAN RIVER DRAINAGE DISTRICT LATERAL "C" CANAL; SAID POINT BEING 40 FEET SOUTH OF AND 125 FEET" EAST OF THE NORTHWEST CORNER OF SECTION 36, TOWNSHIP 31 SOUTH, RANGE 38 EAST; 127. THENCE RUN NORTHERLY, ALONG THE WEST RIGHT OF WAY LINE OF LATERAL "C" CANAL TO A POINT ON THE EAST -WEST % SECTION LINE OF SECTION 25, TOWNSHIP 31 SOUTH, RANGE 38 EAST; 128. THENCE RUN WESTERLY, ALONG THE EAST -WEST Y. SECTION LINE OF SAID SECTION 25, TO THE WEST % CORNER OF SAID SECTION 25; THENCE RUN NORTHERLY, ALONG THE WEST LINE OF THE NORTHWEST % OF SAID SECTION 25, TO THE INTERSECTION OF SAID WEST LINE AND THE NORTHEAST RIGHT-OF-WAY LINE OF THE SEBASTIAN RIVER FLOODWAY, AS RECORDED IN OFFICIAL RECORD BOOK 194, PAGE 415, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; 129. THENCE RUN NORTHEASTERLY ALONG SAID NORTHEAST RIGHT-OF-WAY LINE, TO A POINT ON THE WEST LINE OF THE SOUTHEAST % OF THE NORTHEAST % OF SECTION 26, TOWNSHIP 31 SOUTH, RANGE 38 EAST; 130. THENCE RUN NORTHERLY, ALONG SAID WEST LINE OF THE SOUTHEAST % OF THE NORTHEAST OF SAID SECTION 26, TO THE NORTHEAST CORNER OF THE SOUTHWEST OF THE NORTHEAST Y. OF SAID SECTION 26; 74 of 435 0 LIMITS OF THE CITY OF SEBASTIAN LEGAL DESCRIPTION 131. THENCE RUN WESTERLY, ALONG THE NORTH LINE OF THE SOUTHWEST'/ OF THE NORTHEAST Y OF SAID SECTION 26, TO THE NORTHEAST CORNER OF THE SOUTHEAST Y, OF THE NORTHWEST OF SAID SECTION 26; 132. THENCE RUN SOUTHERLY, ALONG THE EAST LINE OF THE SOUTHEAST Y. OF THE NORTHEAST % OF SAID SECTION 26, TO THE CENTER OF SECTION 26, TOWNSHIP 31 SOUTH RANGE 38 EAST; 133. THENCE RUN WESTERLY, ALONG THE EAST -WEST % SECTION LINE OF SAID SECTION 26, TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF LATERAL "D" CANAL, SAID POINT BEING 200 FEET EAST OF THE WEST % CORNER OF SAID SECTION 26; 134. THENCE RUN NORTHERLY, ALONG A LINE 200 FEET WEST OF AND PARALELL TO THE WEST SECTION LINE OF SAID SECTION 26, TO THE SOUTHWEST CORNER OF SEBASTIAN RIVER LANDING PHASE TWO, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 19, PAGE 92, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; 135. THENCE RUN NORTHERLY, ALONG THE WEST LINE OF SAID PLAT TO THE NORTHWEST CORNER OF SAID PLAT; 136. THENCE RUN NORTHEASTERLY, ALONG THE NORTH LINE OF SAID PLAT TO THE INTERSECTION OF SAID NORTH LINE AND THE NORTH SECTION LINE OF SECTION 26, TOWNSHIP 31 SOUTH, RANGE 38 EAST; THENCE RUN WESTERLY, ALONG THE NORTH LINE OF SAID SECTION 26, TO THE SOUTHWEST CORNER OF SEBASTIAN RIVER LANDING PHASE ONE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 17, PAGE 79, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; 137. THENCE, FOLLOWING THE LIMIT OF SAID PLAT, RUN N00-16'59" E FOR A DISTANCE OF 564.30 FEET, 138. THENCE RUN N89`43'01" W FOR A DISTANCE OF 313.15 FEET, TO THE NORTHWEST CORNER OF A PARCEL OF LAND DESCRIBED IN A WARRANTY DEED, AS RECORDED IN OFFICIAL RECORDS BOOK 3331, PAGE 1167, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; 139. THENCE RUN SOUTHERLY, ALONG THE WEST LINE OF SAID PARCEL OF LAND, THE SOUTHWEST CORNER OF SAID PARCEL, SAID POINT ALSO BEING ON THE SOUTH LINE OF SECTION 23, TOWNSHIP 31 SOUTH, RANGE 38 EAST; 140. THENCE RUN WESTERLY, ALONG THE SOUTH LINE OF SAID SECTION 23 TO THE INTERSECTION OF SAID SOUTH LINE AND THE EAST RIGHT-OF-WAY LINE OF 90�" AVENUE (COUNTY ROAD 510), SAID POINT BEING 50 FEET EAST OF THE SOUTHWEST CORNER OF SECTION 23, TOWNSHIP 31 SOUTH, RANGE 38 EAST; 141, THENCE RUN NORTHERLY, ALONG THE EAST RIGHT-OF-WAY LINE OF 9P AVENUE (COUNTY ROAD 510), TO THE INTERSECTION OF SAID EAST RIGHT-OF-WAY LINE AND THE SOUTH LINE OF SEBASTIAN BOULEVARD (COUNTY ROAD 512); 142.THENCE RUN NORTHEASTERLY, ALONG THE SOUTH RIGHT-OF-WAY LINE OF SEBASTIAN BOULEVARD (COUNTY ROAD 512), TO THE NORTHWEST CORNER OF SEBASTIAN RIVER LANDING PHASE ONE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 17, PAGE 79, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; 143. THENCE FOLLOWING THE NORTH LINE OF SAID PLAT, RUN S89°36'05" E FOR A DISTANCE OF 762.51 FEET; 144. THENCE RUN S00°16'34" W FOR A DISTANCE OF 124.58 FEET; 145. THENCE RUN N89°41'36" E FOR A DISTANCE OF 24.09 FEET, 146. THENCE RUN N00°08'39" W FOR A DISTANCE OF 332.97 FEET; 147. THENCE RUN N18"41'03" E FOR A DISTANCE OF 186.69 FEET TO A NON -TANGENT POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 2205.75 FEET, A CHORD BEARING OF N44`30'42" E, AND A CHORD LENGTH OF 465.95 PEET, 75 of 435 LIMITS OF THE CITY OF SEBASTIAN LEGAL DESCRIPTION 148. THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 12°07'33", FOR A DISTANCE OF 466.82 FEET TO THE NORTH CORNER OF SAID PLAT; SAID POINT ALSO BEING ON THE SOUTHWEST LINE OF THE SEBASTIAN RIVER DRAINAGE DISTRICT CANAL RIGHT-OF-WAY, AS RECORDED IN OFFICIAL RECORDS BOOK 193, PAGE 496, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; 149. THENCE RUN NORTHEASTERLY, ALONG SAID SOUTHWEST RIGHT-OF-WAY LINE, TO THE INTERSECTION OF SAID SOUTHWEST RIGHT-OF-WAY LINE AND THE SOUTH RIGHT-OF-WAY LINE OF SEBASTIAN BOULEVARD (COUNTY ROAD 512); THENCE RUN NORTHEASTERLY, ALONG SAID SOUTH RIGHT-OF-WAY OF SEBASTIAN BOULEVARD (COUNRY ROAD 512) LINE TO THE INTERSECTION OF SAID SOUTH RIGHT-OF-WAY LINE AND THE NORTHEAST LINE OF SAID SEBASTIAN RIVER DRAINGAGE DISTRICT CANAL RIGHT-OF-WAY, 150. THENCE RUN NORTHWESTERLY, ALONG SAID NORTHEAST RIGHT-OF-WAY LINE TO A POINT ON THE SOUTH LINE OF THE SOUTHEAST Y OF THE NORTHWEST % OF SECTION 23, TOWNSHIP 31 SOUTH, RANGE 38 EAST; THENCE RUN WESTERLY, ALONG THE SOUTH LINE OF THE SOUTHEAST OF THE NORTHWEST % AND THE SOUTHWEST ''/a OF THE NORTHWEST''/a OF SAID SECTION 23, TO THE SOUTHEAST CORNER OF A PARCEL OF LAND AS DESCRIBED BY QUIT CLAIM DEED , AS RECORDED IN OFFICIAL RECORDS BOOK 1366, PAGE 3000, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FLORIDA; 151. THENCE RUN NORTHERLY, ALONG THE EAST LINE OF SAID PARCEL, FOR A DISTNCE OF 301.3 FEET, 152. THENCE RUN WESTERLY, ALONG THE NORTH LINE OF SAID PARCEL, A DISTANCE OF 150 FEET; 153. THENCE RUN SOUTH, ALONG THE WEST LINE OF SAID PARCEL, FOR A DISTANCE OF 301.3 FEET TO A POINT ON THE SOUTH LINE OF THE SOUTHWEST''/. OF THE NORTHWEST Y OF SAID SECTION 23; 154. THENCE RUN WESTERLY, ALONG SAID SOUTH LINE, TO THE SOUTHWEST CORNER OF THE SOUTHWEST % OF THE NORTHWEST % OF SAID SECTION 23, SAID POINT ALSO BEING THE NORTHEAST CORNER OF THE SOUTHEAST % OF SECTION 22, TOWNSHIP 31 SOUTH, RANGE 38 EAST, AND ALSO BEING THE POINT OF BEGINNING OF SEBASTIAN CROSSINGS, ACCORDING TO THE PLAT THEREOF, AS RECORDED 1N PLAT BOOK 19, PAGE 33, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; 155. THENCE FOLLOWING THE LIMITS OF SAID PLAT, RUN N89°47'24" W FOR A DISTANCE OF 209.00 FEET; 156. THENCE RUN S00°12'10" W FOR A DISTNACE OF 225.31 FEET; THENCE RUN S37°40'53" W FOR A DISTANCE OF 96.67 FEET; 157. THENCE RUN N8947'50" W FOR A DISTANCE OF 438.58 FEET; 158. THENCE RUN S00*12'10" W FOR A DISTANCE OF 681.84 FEET, 159. THENCE RUN N80'52'01" E FOR A DISTANCE OF 715.88 FEET TO A POINT ON THE EAST R/W LINE OF WATER VLIET AVENUE; 160. THENCE CONTINUING ALONG THE LIMITS OF SEBASTIAN CROSSINGS, RUN 500'12'10" W TO SOUTHEAST CORNER OF SAID PLAT, AND THE NORTHEAST CORNER OF ROMAR SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PAT BOOK 10, PAGE 31, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; 161. THENCE RUN SOUTHERLY, ALONG THE EAST LINE OF SAID PLAT, TO THE INTERSECTION OF A LINE 50 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF SAID PLAT AND THE EAST LINE OF SAID P LAT; 162. THENCE RUN SOUTHWESTERLY, ALONG A LINE 50 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF SAID PLAT, TO A POINT 50 FEET SOUTH OF AND 50 FEET EAST OF THE NORTHEAST CORNER OF LOT 2 OF SAID PLAT; THENCE RUN SOUTHERLY, ALONG A LINE 50 FEET WEST OF AND PARALLEL TO THE EAST LINE OF LOT 2 OF SAID PLAT, TO A POINT ON THE SOUTH LINE OF SAID PLAT, SAID 76 of 435 LIMITS OF THE CITY OF SEBASTIAN LEGAL DESCRIPTION 9 POINT ALSO BEING ON THE NORTH RIGHT-OF-WAY LINE OF SEBASTIAN BOULEVARD (COUNTY ROAD 512); 163. THENCE RUN WESTERLY, ALONG THE NORTH RIGHT-OF-WAY LINE OF SEBASTIAN BOULEVARD (COUNTY ROAD 512), TO THE SOUTHWEST CORNER OF A PARCEL OF LAND AS DESCRIBED IN A WARRANTY DEED, AS RECORDED IN OFFICIAL RECORDS BOOK 2030, PAGE 2361, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; 164. THENCE RUN NORTHERLY, ALONG THE WEST LINE OF SAID PARCEL OF LAND, TO THE SOUTHWEST CORNER OF SEBASTIAN CROSSINGS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 19, PAGE 33, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; 165. THENCE RUN NORTHERLY, ALONG THE WEST LINE OF SAID PLAT, TO THE NORTHWEST CORNER OF SAID PLAT, SAID POINT BEING ON THE NORTH LINE OF THE SOUTH Y. OF THE NORTHEAST % OF SECTION 22, TOWNSHIP 31 SOUTH, RANGE 38 EAST, 166. THENCE RUN EASTERLY, ALONG THE NORTH LINE OF SAID PLAT, TO THE NORTHEAST CORNER OF SAID PLAT, SAID POINT BEING ON THE EAST SECTION LINE OF SAID SECTION 22; 167. THENCE RUN NORTHERLY, ALONG THE EAST LINE OF SAID SECTION 22, TO THE NORTHEAST CORNER OF SAID SECTION 22, THE SAME BEING THE SOUTHWEST CORNER OF SECTION 14, TOWNSHIP 31 SOUTH, RANGE 38 EAST; 168. THENCE CONTINUE NORTHERLY, ALONG THE WEST LINE OF SECTION 14, TOWNSHIP 31 SOUTH, RANGE 38 EAST, TO THE WEST X CORNER OF SAID SECTION 14; 169. THENCE RUN EASTERLY, ALONG THE EAST -WEST 'Y, SECTION LINE OF SECTION 14, TO THE INTERSECTION OF SAID EAST -WEST % SECTION LINE AND THE WEST LINE OF THE SEBASTIAN RIVER DRAINAGE DISTRICT R[GHT-OF-WAY, AS RECORDED IN OFFICIAL RECORDS BOOK 112, PAGE 655, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; 170. THENCE RUN SOUTHEASTERLY, ALONG THE WEST LINE OF SAID SEBASTIAN RIVER DRAINGE DISTRICT RIGHT-OF-WAY, TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF SAID SEBASTIAN RIVER DRAINAGE DISTRICT RIGHT-OF-WAY; 171. THENCE RUN EASTERLY, ALONG THE SOUTH LINE OF SAID SEBASTIAN RIVER DRAINAGE DISTRICT RIGHT-OF-WAY, TO THE SOUTHWEST CORNER OF THE REPLAT OF SAN SEBASTIAN SPRINGS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 11, PAGE 92, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FLORIDA; 172. THENCE RUN NORTHERLY, ALONG THE WEST LINE OF SAID PLAT, TO THE NORTHWEST CORNER OF SAID PLAT; 173. THENCE RUN EASTERLY, ALONG THE NORTH LINE OF SAID PLAT, TO THE NORTHEAST CORNER OF SAID PLAT, SAID POINT ALSO BEING THE CENTER OF SECTION 14, TOWNSHIP 31 SOUTH, RANGE 38 EAST; 174. THENCE RUN NORTHERLY, ALONG THE NORTH -SOUTH 'Y, SECTION LINE TO THE NORTHWEST CORNER OF THE SOUTHWEST % OF THE NORTHEAST % OF SAID SECTION 14; 175. THENCE RUN EASTERLY, ALONG THE NORTH LINE OF THE SOUTHWEST Y. OF THE NORTHEAST OF SAID SECTION 14, TO THE INTERSECTION OF SAID NORTH LINE AND THE CENTERLINE OF ROSELAND ROAD; 176. THENCE RUN NORTHWESTERLY, ALONG THE CENTERLINE OF ROSELAND ROAD, TO THE INTERSECTION OF SAID CENTERLINE OF ROSELAND ROAD AND THE CENTERLINE OF FLORALAND AVENUE; 177. THENCE RUN EASTERLY, ALONG THE CENTERLINE OF SAID FLORALAND AVENUE TO THE SOUTHWEST CORNER OF ROSELAND GARDENS, ACCORDING TO THE PLATTHEREOF, AS RECORDED IN PLAT BOOK 8, PAGE 25, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; 178. THENCE CONTINUE EASTERLY ALONG THE CENTERLINE OF SAID FLORALAND AVENUE AND THE SOUTH LINE OF SAID PLAT, TO THE INTERSECTION OF THE CENTERLINE OF FLORALAND AVENUE 77 of 435 LIMITS OF THE CITY OF SEBASTIAN 149 LEGAL DESCRIPTION AND THE CENTERLINE OF DURANT STREET, THE SAME BEING THE SOUTHEAST CORNER OF SAID PLAT, 179. THENCE, FOLLOWING THE EAST LINE OF SAID PLAT OF ROSELAND GARDENS, RUN N00°13'12" E FOR A DISTANCE OF 1131.17 FEETTO A POINT ON THE SOUTHEAST LINE OF THE FLEMING GRANT; 180. THENCE RUN N45°07'18.5"W, ALONG THE BOUNDARY OF SAID PLAT AND SOUTHEAST LINE OF THE FLEMING GRANT, FOR A DISTANCE OF 248.91 FEET TO THE EAST CORNER OF SAID PLAT, THE SAME BEING THE SOUTHWEST CORNER OF COLLIER CLUB, PHASE 1, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 15, PAGE 56, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; 181. THENCE RUN NORTHEASTERLY, ALONG THE SOUTH LINE OF SAID COLLIER CLUB, PHASE 1, TO THE SOUTHEAST CORNER OF THE RIGHT-OF-WAY FOR AIRPORT DRIVE; 182. THENCE RUN N44°24'33" W, ALONG THE NORTHEAST RIGHT-OF-WAY LINE OF AIRPORT DRIVE, FOR A DISTANCE OF 1517.70 FEET; 183. THENCE RUN S75°24'18" W, SAID RIGHT -OF -WRY LINE, FOR A DISTANCE OF 69.16 FEET TO A POINT ON THE SOUTHWEST LINE OF COLLIER CLUB, PHASE 1; 184. THENCE RUN N44"24'33" W, ALONG SAID SOUTHWEST LINE OF COLLIER CLUB, PHASE 1, FOR A DISTANCE OF 371.84 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF ROSELAND ROAD; 185. THENCE CONTINUE NORTHWESTERLY TO THE INTERSECTION OF THE CENTERLINE OF ROSELAND ROAD AND THE SOUTHWEST LINE OF LOT 62, SECTION 28 OF THE FLEMING GRANT, TOWNSHIP 31 SOUTH, RANGE 38 EAST, 186. THENCE RUN N44'22'16"W FOR A DISTANCE OF 74.30 FEET TO A POINT ON THE WEST RIGHT-OF- WAY LINE OF ROSELAND ROAD; SAID POINT ALSO BEING ON THE EAST LINE OF POINT-O-WOODS SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 11, PAGE 47, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; 187. THENCE RUN S11°47'56" E, ALONG THE EAST LINE OF SAID PLAT, FOR A DISTANCE OF 31,85 FEET TO THE POINT OF BEGINNING OF SAID POINT-O-WOODS SUBDIVISION; 188, THENCE FOLLOWING THE LIMITS OF SAID PLAT, CONTINUE S11"47'56" E FOR A DISTANCE OF 167.75 FEET, 189. THENCE RUN N79"19'11" W FOR A DISTANCE OF 536.42 FEET; 190. THENCE RUN S84'13'39" W FOR A DISTANCE OF 548.05 FEET; 191. THENCE CONTINUE 584'13'39" W FOR A DISTANCE OF 5.0 FEET; 192. THENCE RUN N43°24'02" W FOR A DISTANCE OF 82.88 FEET; 193. THENCE RUN N41°46'16" W FOR A DISTANCE OF 78.10 FEET; 194. THENCE RUN N37`10'41" W FOR A DISTANCE OF 92.19 FEET, 195. THENCE RUN N05'36'46" W FOR A DISTANCE OF 41.23 FEET; 196. THENCE RUN N23'34'55" W FOR A DISTANCE OF 47.17 FEET; 197. THENCE, MEANDER THE SHORELINE ON A CURVE, CONCAVE TO THE NORTH TO A POINT 30 FEET DISTANT AND BEARING S81°34'36" E; THENCE RUN S32'45'45" E FOR A DISTANCE OF 53.15 FEET; 198. THENCE MEANDER THE SHORELINE ON A CURVE CONCAVE TO THE SOUTH TO A POINT 60 FEET DISTANT AND BEARING S81`36'18" E; 199. THENCE RUN N05°36'46" W FOR A DISTANCE OF 41.23 FEET, 200. THENCE RUN NO2'42'46" E FOR A DISTANCE OF 100.50 FEET; 201. THENCE CONTINUE NO2'42'46" E FOR A DISTANCE OF 94.75 FEET TO A POINT LYING ON THE CENTERLINE OF THE SOUTH FORK OF COLLIER CREEK; 202. THENCE RUN N40°34'44" E FOR A DISTANCE OF 349.27 FEET ON SAID CENTER OF THE SOUTH FORK OF COLLIER CREEK TO A POINT OF INTERSECTION; 203. THENCE RUN N67'26'44" E FOR A DISTANCE OF 179.89 FEET ON SAID CENTERLINE OF COLLIER CREEK TO A POINT OF INTERSECTION; 78 of 435 LIMITS OF THE CITY OF SEBASTIAN LEGAL DESCRIPTION 204. THENCE RUN N85°53'13" E FOR A DISTANCE OF 86.75 FEET ON SAID CENTERLINE OF COLLIER CREEK TO A POINT OF INTERSECTION; 205. THENCE RUN S56'34'55" E FOR DISTANCE OF 666.12 FEET TO A POINT OF INTERSECTION, SAID POINT BEING ON THE WESTERLY RIGHT-OF-WAY LINE OF ROSELAND ROAD AND THE PROJECTION OF THE CENTERLINE OF COLLIER CREEK ON A BEARING OF N78'12'04" E, TO THE COLLIER CREEK BRIDGE ON ROSELAND ROAD; 206. THENCE CONTINUE ON A LINE PERPENDICULAR TO THE WEST RIGHT-OF-WAY LINE OF ROSELAND ROAD, TO THE INTERSECTION OF SAID LINE WITH THE EAST RIGHTOF-WAY LINE OF ROSELAND ROAD; 207. THENCE RUN NORTHWESTERLY, ALONG SAID EAST RIGHT-OF-WAY LINE OF ROSELAND ROAD, TO THE POINT OF INTERSECTION OF SAID EAST RIGHT-OF-WAY LINE AND THE SOUTHWESTERLY PROLONGATION OF THE NORTHWESTERLY LINE OF LOT 55, SECTION 22 OF THE FLEMING GRANT, TOWNSHIP 31 SOUTH, RANGE 38 EAST; 208. THENCE RUN NORTHWESTERLY, TO THE WESTERLY CORNER OF SAID LOT 55; 209. THENCE CONTINUE NORTHWESTERLY, ALONG THE NORTHWESTERLY LINES OF LOTS 55 TO 63, INCLUSIVE, OF SAID SECTION 22, TO THE NORTHERLY CORNER OF LOT 63 OF SAID SECTION 22, ALSO BEING THE NORTHEASTERLY LINE OF SAID SECTION 22; 210. THENCE RUN SOUTHEASTERLY, ALONG THE NORTHEAST LINE OF SAID SECTION 22 TO THE CORNER OF SECTIONS 21,22,29 AND 30 OF THE FLEMING GRANT, TOWNSHIP 31 SOUTH, RANGE 38 EAST, 211. THENCE CONTINUE SOUTHEASTERLY, ALONG THE SOUTHEASTERLY LINE OF SECTION 30 OF SAID FLEMING GRANT, TO THE NORTHWEST CORNER OF LOT 8, SECTION 30 OF THE FLEMING GRANT, TOWNSHIP 31 SOUTH, RANGE 38 EAST; 212. THENCE RUN NORTHEASTERLY ALONG THE NORTHWESTERLY LINE OF LOTS 8 AND 9, SECTION 30 OF SAID FLEMING GRANT, TO THE NORTHEAST CORNER OF SAID LOT 9; 213. THENCE RUN SOUTHEASTERLY, ALONG THE NORTHEASTERLY LINE OF SAID LOT 9, TO THE NORTHWEST CORNER OF LOT 19, SECTION 30 OF SAID FLEMING GRANT; 214. THENCE RUN NORTHEASTERLY ALONG THE NORTHWESTERLY LINE OF LOTS 19 AND 18, SECTION 30 OF SAID FLEMING GRANT, TO THE NORTHEAST CORNER OF SAID LOT 18; 215. THENCE RUN SOUTHEASTERLY, ALONG THE NORTHEASTERLY LINE OF SAID LOT 18, TO THE NORTHWEST CORNER OF LOT 26, SECTION 30 OF SAID FLEMING GRANT; 216. THENCE RUN NORTHEASTERLY, ALONG THE NORTHWESTERLY LINE OF SAID LOT 26, TO THE NORTHEAST CORNER OF SAID LOT 26, THE SAME BEING THE SOUTHWEST CORNER OF LOT 16, SECTION 30 OF SAID FLEMING GRANT; 217. THENCE RUN NORTHWESTERLY, ALONG THE SOUTHWESTERLY LINE OF SAID LOT 16; TO THE NORTHWEST CORNER OF SAID LOT 16; 218. THENCE RUN NORTHEASTERLY, ALONG THE NORTHWESTERLY LINE OF SAID LOT 16, TO THE NORTHEAST CORNER OF SAID LOT16, THE SAME BEING THE NORTHWEST CORNER OF LOT 15, SECTION 30 OF SAID FLEMING GRANT; 219. THENCE RUN SOUTHEASTERLY, ALONG THE SOUTHWESTERLY LINE OF SAID LOT 15 TO THE NORTHWEST CORNER OF LOT 28, SECTION 30 OF SAID FLEMING GRANT; 220. THENCE RUN NORTHEASTERLY, ALONG THE NORTHWESTERLY LINE OF SAID LOT 28, TO THE NORTHEAST CORNER OF SAID LOT 28, THE SAME BEING THE SOUTHWEST CORNER OF LOT 19, AA. BERRY'S SUBDIVISION OF THE FLEMING GRANT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 14, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA; 221, THENCE RUN NORTHWESTERLY, ALONG THE SOUTHWESTERLY LINE OF SAID LOT 19, TO THE NORTHWEST CORNER OF SAID LOT 19; 79 of 435 LIMITS OF THE CITY OF SEBASTIAN LEGAL DESCRIPTION 222. THENCE RUN NORTHEASTERLY, ALONG THE NORTHWESTERLY LINE OF SAID LOT 19, TO THE NORTHEAST CORNER OF SAID LOT 19, THE SAME BEING THE SOUTHWEST CORNER OF LOT 13 OF SAID A.A. BERRY'S SUBDIVISION OF THE FLEMING GRANT, 223. THENCE RUN NORTHWESTERLY, LONG THE WEST LINE OF LOTS 13 AND 14, INCLUSIVE, TO THE NORTHWEST CORNER OF LOT 14 OF SAID A.A. BERRY'S SUBDIVISION OF THE FLEMING GRANT, THE SAME BEING THE SOUTHEAST CORNER OF LOT 17 OF SAIDA.A. BERRY'S SUBDIVISION OF THE FLEMING GRANT, 224. THENCE RUN SOUTHWESTERLY, ALONG THE SOUTHEASTERLY LINE OF SAID LOT 17 TO THE SOUTHWEST CORNER OF SAID LOT 17; 225. THENCE RUN NORTHWESTERLY, ALONG THE SOUTHWESTERLY LINE OF SAID LOT 17 TO THE NORTHWEST CORNER OF SAID LOT 17, SAID POINT ALSO BEING ON THE NORTHWEST LINE OF SECTION 30 OF THE FLEMING GRANT, TOWNSHIP 31 SOUTH, RANGE 38 EAST; 226. THENCE RUN NORTHEASTERLY, ALONG THE NORTHWEST LINE OF SAID SECTION 30, THE SAME BEING THE NORTHWESTERLY LINE OF LOTS 17 AND 16 OF SAID A.A. BERRY'S SUBDIVISION OF THE FLEMING GRANT, TO THE INTERSECTION OF SAID NORTHWESTERLY LINE AND THE WEST RIGHT- OF-WAY LINE OF THE FLORIDA EAST COAST RAILROAD; 227. THENCE RUN SOUTHEASTERLY, ALONG SAID WEST RIGHT-OF-WAY LINE, TO A POINT ON THE EAST LINE OF SAID LOT 16; SAID POINT BEING THE INTERSECTION OF SAID WEST RIGHT-OF-WAY LINE AND THE SOUTHWESTERLY PROLONGATION OF THE NORTH LINE OF BLOCK 55, SECTION 30, WAUREGAN, FLEMING GRANT, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 75, OF THE PUBLIC RECORDS OF BREVARD COUNTY, FLORIDA; AND REFILED IN PLAT BOOK 1, PAGE(S) 178 AND 179, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA; SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA; 228. THENCE RUN NORTHEASTERLY, ALONG THE SOUTHWESTERLY PROLONGATION OF SAI D BLOCK 55, TO THE EAST RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST RAILROAD; 229. THENCE CONTINUE NORTHEASTERLY, ALONG THE NORTH LINE OF BLOCKS 55, 54 AND THE NORTHEASTERLY PROLONGATION OF THE SOUTH RIGHT-OF-WAY LINE OF SHORT STREET, TO THE INTERSECTION OF SAID SOUTH RIGHT-OF-WAY LINE AND THE CENTERLINE OF WAUREGAN AVENUE (135T" STREET), SECTION 30, PER SAID PLAT OF WAUREGAN; 230, THENCE RUN NORTHWESTERLY, ALONG SAID CENTERLINE OF WAUREGAN AVENUE (135T" STREET), TO THE INTERSECTION OF SAID CENTERLINE AND THE SOUTHWESTERLY PROLONGATION OF THE SOUTH LINE OF LOT 20, SECTION 30, SAID PLAT OF WAUREGAN; 231. THENCE RUN NORTHEASTERLY, ALONG SAID SOUTHWESTERLY PROLONGATION OF LOT 20TO THE NORTHEAST RIGHT-OF-WAY LINE OF WAUREGAN AVENUE (135T" STREET); 232. THENCE RUN NORTHWESTERLY, ALONG SAID NORTHEAST RIGHT-OF-WAY LINE, TO THE NORTHWEST CORNER OF LOT 17, SECTION 21, WAUREGAN, FLEMING GRANT; 233. THENCE RUN NORTHEASTERLY, ALONG THE NORTHWESTERLY LINE OF SAID LOT 17, TO THE INTERSECTION OF SAID NORTH LINE AND THE WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO.1; 234. THENCE RUN SOUTHEASTERLY, ALONG SAID WEST RIGHT-OF-WAY LINE, TO THE INTERSECTION OF SAID LINE WITH THE NORTH LINE OF LOT 19, SECTION 21, OF SAID PLAT OF WAUREGAN; 235. THENCE RUN NORTHEASTERLY, ALONG THE NORTH LINE OF SAID LOT 19 TO A POINT ON THE NORTHEAST LINE OFTHE FLEMING GRANT, SAID POINTALSO BEING THE NORTHWEST CORNER OF LOT 18, JEAN'S UNIT, INDIAN RIVER TWIN ESTATES, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 8, PAGE 31, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; 236. THENCE RUN EASTERLY, ALONG THE NORTH LINE OF SAID LOT 18, TO THE NORTHEAST CORNER OF SAID LOT 18; 80 of 435 LIMITS OF THE CITY OF SEBASTIAN LEGAL DESCRIPTION 4 237. THENCE RUN SOUTHEASTERLY, ALONG THE EASTERLY LINE OF SAID LOT 18, TO THE SOUTHEAST CORNER OF SAID LOT 18; 238. THENCE RUN SOUTHWESTERLY, ALONG THE SOUTH LINE OF SAID LOT 18, TO THE SOUTHWEST CORNER OF SAID LOT 18, SAID POINT ALSO BEING ON THE NORTHEAST LINE OF THE FLEMING GRANT AND ALSO ON THE EAST LINE OF LOT 19, SECTION 21, WAUREGAN, FLEMING GRANT; 239. THENCE RUN SOUTHEASTERLY, ALONG THE NORTHEAST LINE OF THE FLEMING GRANT, TO A POINT ON THE EAST LINE OF LOT 24, SECTION 30, WAUREGAN, FLEMING GRANT; 240. THENCE RU N SOUTHWESTERLY, ON A LINE NORTH OF AND PARALLELTO THE SOUTH LINE OF SAID LOT 24, TO THE WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO.1; 241. THENCE RUN SOUTHEASTERLY, ALONG SAID WEST RIGHT-OF-WAY LINE, FOR A DISTANCE OF 150 FEET, MORE OR LESS, TO THE SOUTH LINE OF THE NORTH 115 FEET OF SAID LOT 25, SECTION 30, WAUREGAN, FLEMING GRANT; 242. THENCE RUN NORTHEASTERLY, ALONG THE SOUTH LINE OF THE NORTH 115 FEET OF SAID LOT 25, TO A POINT ON THE NORTHEAST LINE OF THE FLEMING GRANT; 243. THENCE RUN SOUTHEASTERLY, ALONG SAID NORTHEAST LINE OF THE FLEMING GRANT, TO THE INTERSECTION OF SAID LINE AND THE WESTERLY PROLONGATION OF THE NORTH LINE OF LOT 8, JAMES A. HUDSON SUBDIVISION, ACCORDING TO THE PLATTHEREOF AS RECORDED IN PLAT BOOK 1, PAGE 183, OF THE PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA; 244. THENCE RUN EASTERLY, ALONG THE WESTERLY PROLONGATION OF SAID LOT 8, TO THE INTERSECTION OF SAID LINE AND THE WEST RIGHT-OF-WAY LINE OF CENTRAL AVENUE; 245. THENCE RUN SOUTHEASTERLY, ALONG SAID WEST RIGHT -OF -WRY LINE, TO THE INTERSECTION OF SAID WEST RIGHT-OF-WAY AND THE SOUTH LINE OF SAID LOT 8; 246, THENCE RUNEASTERLY, ALONG THE SOUTH LINE OF SAID LOT 8, TO THE POINT OF BEGINNING. 81 of 435 RESOLUTION NO. R-23-37 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ELECTING TO USE THE UNIFORM METHOD OF COLLECTING A NON -AD VALOREM SPECIAL ASSESSMENT TO BE LEVIED WITHIN THE INCORPORATED AREA OF THE CITY OF SEBASTIAN; STATING A NEED FOR SUCH LEVY; PROVIDING FOR ADMINISTRATIVE ACTIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, City of Sebastian is contemplating the imposition of a special assessment for the cost of solid waste collection and disposal services pursuant to Florida Statute Section 197.3632 and its municipal powers in order to provide for the health safety and welfare of the general public; and WHEREAS, City of Sebastian intends to use the uniform method of collecting non -ad valorem assessments for the cost of solid waste collection and disposal services to real property within the incorporated area of the City, as authorized by Florida Statutes Section 197.3632, as this method will allow such special assessments to be collected annually, commencing for the Fiscal Year beginning on October 1, 2024 and continuing until discontinued by the City; and WHEREAS, City of Sebastian duly advertised a public hearing of this Resolution, in a newspaper of general circulation with Indian River County, Florida, for 4 consecutive weeks preceding the public hearing; and WHEREAS, proof of publication of such hearing being is attached hereto as Exhibit A; and WHEREAS, a legal description of the boundaries of real property subject to the levy is attached hereto as Exhibit B; and WHEREAS, upon adoption of this Resolution, the City Council shall dispatch a copy via United States mail to the Indian River County Property Appraiser, Indian River County Tax Collector, and the State of Florida Department of Revenue; and WHEREAS, upon passage of this Resolution, the City Manager is authorized to take the necessary administrative measures required to ensure that the solid waste assessments are properly assessed and collected; and 82 of 435 WHEREAS, adoption of this Resolution, the levy collection and enforcement of costs of non -ad valorem assessments for the cost of solid waste collection and disposal services to real property within the incorporated area of the City is determined to be in the public interest and provides for the general health safety and welfare of the citizens of the City of Sebastian. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, AS FOLLOWS: SECTION 1. RECITALS. The above Whereas Clauses are true, correct, and are hereby adopted and incorporated herein as the legislative findings of the City Council of the City of Sebastian. SECTION 2. INTENT. The City Council does hereby state and express its clear intent to utilize the uniform method for the levy, collection and enforcement of non -ad valorem assessments pursuant to Florida Statute 197.3632 for the levy, collection and enforcement of costs for solid waste collection and disposal services for all real property located within the City of Sebastian, as described in Exhibit B attached hereto in order to provide for the health, safety and welfare of the citizens of the City. SECTION 3. NEED FOR LEVY. The City Council does hereby state and express the need for levy in order to provide for the collection and enforcement of non -ad valorem assessments pursuant to Florida Statute 197.3632 collection and enforcement of costs for solid waste collection and disposal services for all real property located within the City of Sebastian, as described in Exhibit B attached hereto in order to provide for the health, safety and welfare of the citizens of the City. SECTION 4. ADMINISTRATIVE ACTIONS/MEASURES. Upon adoption of this Resolution, the City Manager shall dispatch a copy via United States mail to the Indian River County Property Appraiser, Tax Collector and the State of Florida. The City Manager is further authorized to take any and all other necessary administrative measures required to ensure that the solid waste assessments are properly assessed and collected. SECTION 5. CONFLICT. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. SECTION 6. 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 7. EFFECTIVE DATE This Resolution shall take effect upon adoption. 83 of 435 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 Ed Dodd Vice -Mayor Kelly Dixon Councilmember Fred Jones Councilmember Bob McPartlan Councilmember Christopher Nunn The Mayor thereupon declared this Resolution duly passed and adopted this 13`h day of December, 2023. ATTEST: Jeanette Williams, City Clerk CITY OF SEBASTIAN, FLORIDA Ed Dodd, Mayor APPROVED AS TO FORM AND LEGALITY: Jennifer Cockcroft, Esq., City Attorney 84 of 435 M13 SEMSMN M&'- � HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: December 13, 2023 Agenda Item Title: Sebastian Stormwater Master Plan Update by Arcadis U.S., Inc. Recommendation: Staff recommends Council accept the Stormwater Master Plan created by Arcadis U.S,, Inc., and provide future direction in relation to its findings packaround: In October 2020 the City of Sebastian began the Request for Qualifications process to find Stormwater Master Planning & Professional Engineering Services througb RFQ#20-05. Through the evaluation committee Arcadis U.S., Inc. was chosen to complete the City of Sebastian's Stormwater Master Plan Update, In April of 2021 a Continuing Services Agreement, CSA#01, with Arcadis U.S., Inc., was approved formalizing the services and deliverables of the master plan update. Arcadis U.S,, Inc., completed an extensive survey of the City's existing stormwater system in order to create an H&H or hydrologic and hydraulic model of the City's stormwater drainage system and evaluate its functionality. In addition to modeling the system's capacity and limitations, Arcadis U.S., Inc, evaluated the existing Stormwater Division within the City in relation to its processes, protocols, staffing, funding, and maintenance activities and frequency to give an overall understanding of the system as well as the current maintenance it receives, From analyzing the existing conditions as well as maintenance, Arcadis U,S., Inc,, has compiled within this update recommendations regarding City staffing, budgeting, maintenance operations, and a revised capital improvement plan in order to meet the minimum level of service for the stormwater conveyance system. The Stormwater Master Plan Update provides a wealth of information related to Stormwater within the City of Sebastian that is helpful to not only City staff for future planning and resiliency but also residents and local businesses regarding regulatory restrictions, design conditions of the City's system, grant funding opportunities, climate challenges, and more. City Staff is looking to Council for acceptance of the Stormwater Master Plan Update provided as well as direction as to next steps in response to findings of the report. I. f Agenda Item Reouires Exnenditure of Funds: Budgeted Amount: $700,000 Total Cost: $648,400 to date Funding: Stormwater Revenue Fund / Discretionary Sales Tax Attachments: 1. Stormwater Master Plan Update https://www.cityofsebastian.orgl486l2O23-Stormwater-M` ast%er-Plan-Informatioli Administrative Services D7pal Review: 1 �1�1 `st t City Attorney Review: - Procurement Division Review, if appllcahle: IVII City Manager Authorization: Agr Date: I,O I ADA� VV 85 of 435 On 0 5ET-mod HOML Or PELICAN ISLAND CITY COUNCIL AGENDA TRANSNHTTAL Council Meetine Date: December ] 3, 2023 Aaeuda Item Title: Evaluation and Action on the StillDragon of North America, LLC Proposal in Response to Request for Proposal RFP 423-11 for the Sale and Redevelopment of City -Owned Property and Provision of a Mixed -Use Development at 100 Veterans Memorial Way, Sebastian, Florida, (the former Public Works Compound). Recommendation: City Council should evaluate and take action on the Proposal by StillDragon of North America, LLC for the Sale and Redevelopment of City -Owned Property. If accepted, the City Manager will negotiate a contract to bring back to City Council, Background: The City requested proposals for the purchase and redevelopment of city -owned property located at 100 Veterans Memorial Way, Sebastian, FL 32958 (former Public Works Compound). Proposers were invited to submit their qualifications, approach, conceptual design, financial and other terms to purchase, design, permit, construct, finance, operate and maintain a mixed -use commerciat/industrial development on the 4.42+/- acre site, minus the Veterans Memorial Way right of way. The Request for Proposal (RFP #23-11) was issued in accordance with disposal of real property provisions set forth in Section 163.380, Florida Statutcs. Proposals were due on Friday, July 14, 2023 and the StillDragon proposal was the only proposal received. On September 27, 2023, the Proposal was considered by the Community Redevelopment Agency (CRA) Board and was forwarded to the City Council. City Council then directed the City Manager to discuss options with StillDragon regarding the area of the property that needs mitigation. In accordance with the RFP, the City is responsible for securing the following should the City Council approve the award and determine to proceed with the sale and development of the property by StillDragon of North America, LLC: • 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 H Agenda Item Reauires Expenditure of Funds: Budgeted Amount: NA Total Cost: $0.00 Attachments: 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. 5. CRA & City Council Meeting Minutes from September 27s, 2023 Administrative Services Depa nt Review., City Attorney Review: Procurement Division Review, if applicable:- /1 v City Manager Authorization: Date: J a116 L�'7 � ) r 86 of 435 CITY OF 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 Contact Person Don Wixon, Procurement/Contracts Manager Email: dwixonAcitvofsebastian.ore City of Sebastian, City Hall ATTN: Procurement Division 1225 Main Street Sebastian, Florida 32958 Publish: Publication in the Indian River Press Journal Date: 87 of 435 HOME Of PELICAN RFP #23-11 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 Iocated 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 City will NOT nav real estate commissions on this sale. All proposals are due no later than Fridav, Juiv 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 0vsically, in -person, or by mail. Submissions shall onlv be accented at Citv Hall. Proposer must submit proposal in a sealed envelopetbox/container: One (I) 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 will be read aloud RFP's will not be made available for review at the time of the opening. EVENT DATE TIME RELEASE DATE: WEDNESDAY, MAY 15, 2023 - MANDATORY PRE BID SITE VISIT: 100 VETERANS MEMORIAL WAY WEDNESDAY, JUNE 7, 2023 10:00 AM EST MalloaiaRr QUESTIONS DUE DATE/TIME: FRIDAY, JUKE 30, 2023 END OF BUSINESS DUE DATEITIME: FRIDAY, JULY 14, 2023 2:00 PM EST PROPOSEDSCHEDULE 1ST EVALUATION MEETING: TBD 10:00 AM EST 2NU 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.ora), DemandStar (www.demandstar.com) or Vendorl-ink (www.vendorlink.com), It will be the sole responsibility of the Proposer to determine if anv addenda have been issued Drior to submittins 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 disqualification. Page 2 of 32 88 of 435 RFP #23-11 HOME OF nUCAN ISLAND 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 _.citvofsebastian.org) or by trail 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 services) 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 I Title Date Page 3 of 32 89 of 435 HOME 6 PELICAN RFP #23-11 PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY TABLE OF CONTENTS REQUESTFOR 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 PROPOSAL CHECKLIST.....................................................................................................................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 90 of 435 RFP #23-11 HOME OF PELICAN ISLAND 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 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 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 Zoninz: 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 cast/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 fueI), 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 91 of 435 RFP #23-11 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 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 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 FOB: RUN E ALONG N LINE SEC 7 TO POB, AS OR BK 88 PP 60 LESS RD RIW (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 lite City as part of this agreement in order to subdivide [veterans Memorial Way right of way front 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 file 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. Page 6 of 32 92 of 435 RFP #23-11 HOME OF KUCAN 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). Project 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. orp-/W eb Link/Brow se. asnx?id=2 3 613 7&dbid=0&ret)o=City: • City of Sebastian's Community Redevelopment Master Plan • City Comprehensive Plan 2040 • Sebastian Boulevard Triangle Overlay District • Riverfront Overlay District Regulations Page 7 of 32 93 of 435 �m .r IAN HOME OF PELICAN ISLAND RFP #23-11 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 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 Page 8 of 32 94 of 435 RFP #23-11 HOME OF PELICAN ISLAND PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY 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 (151 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 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. Page 9 of 32 95 of435 an.v SEBAST HOME OF PELICAN ISLAND RFP #23-11 PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY 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. 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. SECTION 3 — PROPOSAL FORMAT & REQUIREMENTS The Proposal shall be limited to no more than twentv (20) napes (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 Page 10 of 32 96 of 435 m rr � RFP #23-11 HOME OF PELICAN ISMS) PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY 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. • 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. Page 11 of 32 97 of 435 RFP #23-11 isuwo PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY 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. Requested 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. 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 G. SECTION 4 — EVALUATION PROCESS During the evaluation process and until an award has been made by City Council. Prot)osers 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. 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. Page 12 of 32 98 of 435 RFP #23-11 HOME OF PELICAN ISLAND PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY 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 1. 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, CPA 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 Iast 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 Page 13 of 32 99 of 435 'SA RFP #23-11 HOME OF Pn(CAN ISLAND PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY 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(@citvofsebastian.ora. 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 Iate submissions, telegraphed, entailed 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 legible. Proposals shall be submitted to Citv 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 responsibility of the proposer to ensure their proposal is at the proper location and at the time snecified 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 thirtv (30) business days to DemandStar.com, Vendorlink.com and the City's website. Page 14 of 32 100 of 435 .ma RFP #23-11 HOME OF FTUCAN 151MD PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY 510 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 INDEMNIFICATIONIHOLD 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. Page 15 of 32 101 of 435 O, s�v RFP #23-11 HOME OF PELICAN ISU D PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY 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 Page 16 of 32 102 of435 .m a !EBgAS-rwN HOME OF PELICAN ISLAND RFP #23-11 PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY 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 iwilliams &citvofsebastian.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. 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 Page 17 of 32 103 of 435 m.1 SEBAST HOME OF PELICAN ISLAND RFP #23-11 PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY 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. Page 18 of 32 104 of 435 On 4 RFP #23-11 ICAN tSMD PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY (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 knowledee 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 Management (SAM). Page 19 of 32 105 of 435 RFP #23-11 HOME of PEUCAN ISLAND PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY 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 periurv. as of the date of this solicitation to urovide 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). Anv responses exceedine twentv (20) pages. 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 1 - 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) I Contact Information Sheet -- FORM A Page 20 of 32 106 of 435 RFP #23-11 HOME OF PELICAN ISLAND PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY 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. Page 21 of 32 107 of 435 RFP #23-11 PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY MAILING LABEL Proposer trust 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 1 #: SOLICITATION Sale of City -Owned Property "100 Veterans TITLE: Memorial Way" (Former Public Works 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 Page 22 of 32 108 of 435 HOME OF PEWCAN ISLAND Probasals 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 All 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: Address: City: Telephone No: E-Mail Address of Authorized Representative: MINIMUM REQUIREMENTS State: IFax No: IFederal Tax Identification Number: 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 0 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 BIDIPROPOSAL 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 fulh, complete and submit this Information Sheet may result in rcicction of the submittal. Page 23 of 32 109 of 435 m.r SEBASTIAN HOME OF PUKAN ISLAND FORM B 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 fully complete, siin and submit this Forth may result in reiection of the submittal Page 24 of 32 110 of 435 FORM C RFP #23-11 WKE of PELICAN isuwo 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 $ ICHECK) 1NTENDED USE {PLEASE 1Residential F-1 Commercial 11 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 complete. sign and submit this Form may result in resection of the submittal Page 25 of 32 111 of 435 HOME OF PELICAN 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: { } 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. ■■ w w w w 1 w w w w r r r r r r r r r w w r r r r r r r r r r r r� E e E e�� r r r w w w r w r w r r r r r r r e e e r e r w■ A l � r R � r � � r � w w w w w w w w w w w w w w CONTINUED NEXT PAGE Page 26 of 32 112 of 435 RFP #23-11 HOME OF PELICAN ISLAND 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 fully complete, sign and submit this Disclosure may result in resection of the submittal Page 27 of 32 113 of 435 m,f HOME OF PELICAN ISLAND FORM E RFP #23-11 PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY I NLIP11 al :71 a1'I;iiI;�e�l' f�l► li II 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: htto://wwwidhs. p-ov/E-V erifv. "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 Comnanv Profile Page from E-Verifv with their bid. State of County of This instrument was acknowledged before me on (Date) j Notary Scal J Notary Public Signature Failure to fully complete. sien and submit this Affidavit may result in resection of the submit Page 28 of 32 114 of 435 FORMF RFP #23-11 HOME OF PELICAN ISLAND PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY NOTIFICATIONS AFFIDAVIT I, , , (Print Authorized Name) (Title) of (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 Companv 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, sien and submit this Affidavit may result in resection of the submittal Page 29 of 32 115 of 435 FORM G RFP #23-11 HOME OF PELICAN ISMD 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-awned 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 O, is not ( ) a disabled -owned business concern. Please Check Antnrotnriate Box/Boxes CI African American[] Caucasian (CAUC) LJ Native American (NAAM) (AFRAM) Hispanic American[n Asian -Pacific American (ASIAP) ❑ Asian Indian (ASIAI) (HISP) American 1-1 Other, please identify: 1 1 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 32 116 of 435 .ma HO�F 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 32 117 of 435 m.� S 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 (TCPalin) DentandStar/Onvia City of Sebastian Web Site Other (please specify below) Page 32 of 32 118 of 435 Ll 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: STILLDRAG014 7788 Central Industrial Drive, Suite 6 West Palm Beach, FL 33404 561-845-8009 eid. 102 smaug@stilldragon.com bill@stilldragon.com FEL 46-0548006 119 of435 STILLDRAGON 7788 Central Industrial Drive, Suite 6 West Palm Beach, FL 33404 5814M-8000 ext. 102 smaug@sttlldragon.com l blll@stllldragon.com FEI: 46-OU8006 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, Stilldagon North America TLC 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 4 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 Lar y's leadership. Including but not limited to the Modular Distillation Equipment, the Crysta]DragonTM Distillation Column, ProCapTM Enhanced Distillation Trays, craft scale Continuous Distillation Systems, and SD Smart5tillTM 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. 120 of 435 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 property 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, StiIlDragon has no unabated code violations for any other properties within the City of Sebastian.. Based on review of the Performance Overlay Distridt 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 working with you on the redevelopment of this exciting project. Respectfully, Lawrence Taylor Managing Member 121 of 435 l TABLE OF CONTENTS QUALIFICATIONS Proposer/Company Qualifications......................................................................................................................... 5 TeamQualifications............................................................................................................................................... 9 PROPOSED USE ProposedUse of Site ................................ .......................................................... .... .................... 13 ProposedCompletion. Time................................................................................................................................... 13 FINANCIAL REQUIREMENTS FinancialAbility.................................................................................................................................................... 20 ConfidentialInformation....................................................................................................................................... NIA REQUIRED FORMS ContactInformation Sheet — FORM A................................................................................................................ 72 AddendaAcknowledgment — FORM B................................................................................................................ 23 ProposedPurchase Price - FORM C..................................................................................................................... 24 Proposer's Disclosure — FORM D.......................................................................................................................25 E-Verify Acknowledgement — FORM E............................................................................................................. 27 NotificationsAffidavit — FORM F...................................................................................................................... 28 Minority, Women and Disabled -Owned Business Concern Representation — FORM G ........................... 29 122 of 435 QUALIFICATIONS PROPOSER/COMPANY QUALIFICATIONS The StillDragon Team Larry Taylor, Founder Shareholder Mr. Taylor is the pounder and owner of StillDragon North America LLC. He founded StillDragon in 2012. He is recognized as a pioneer in the crab distilling equipment space. His remarkable depth of knowledge on all things distillation has directly resulted in the sucess and growth of StillDragon. With the addition of a distillery, he Iooks 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 CrystalDragonTm Distillation Column, ProCapTm Enhanced Distillation Trays, craft scale Continuous Distillation Systems, and SD SmartStiV" 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 wellknown iihd highly ii#ected i the'cfafl-spirits industry: Prior -to Stil]Dragon lie 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, Directorl 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 bas served as a CEO, Chairman, Director of numerous public, private, and non-profit boards, where --he has -helped many companies -scale --and professionahze-.�xperience-operating in .the -United States; Europe, and the Middle East. 123 of 435 PROPOSED USE PROPOSED USE OF SITE 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 20A0 new employees within the first 12 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 umceptual 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 sf Building 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 parldng counts: 45 Number of stories in proposed structures: 2 PROPOSED COMPLETION TIME StillDragon Occupancy and Operation; Immediate Occupancy of Building designated A upon closing. Redevelopment of entire plan within 12 months of closing and permitting. 131 of 435 FINANCIAL REQUIREMENTS FINANCIAL. ABILITY StillDragon Sebastian Distillery bas 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 within the Riverfront Performance Overlay and Sebastian Boulevard Triangle Overlay districts. StilMragon North. America, LLC ("Stil0ragon') 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, StiWragon 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 !Lo,5-0,DOa.00 One Million Fifty Thousand Dollars USD 138 of 435 REQUIRED FORMS REQUIRED FORMS Included within this section are the following completed required forms: Contact Information Sheet — FORM A Addenda Aclmowledxnient — FORM B Proposed Purchase Price- FORM C ' Proposers Disclosure —FORM D E-Verify Acknowledgement -- FORM E Notifications Affidavit — FORM F Minority. Women and Disabled -Owned Business Concern Representation FORM G 139 of 435 FORM A RFP #23-11 HOME DFPFtJtANISiMID PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY CONTACT INFORMATION SHEET Proposals due bv 2:00 PM Local Time on Friday, July 14, 2023 -111 physical, in person submissions must be delivered or marled to. City of Sebastian ATTN: Procurement Division 1225 Maln Street Sebastian, Florida 32958 Check Addenda for revised due dates before submitting your Bid. Late Bids will not be accepted. SOLICITATION RELEASE N0•• DATE: RFP 23-11 05/17/2023 SOLICITATION TITLE: CONTACT: Don Wiaon ProcurementXontracts 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; Federal Tax Identification Stilldragon North America LLC I Number: 46-0548006 Address: 7788 Central Industrical Drive, Suite 6 City: West Palm Beach State: FL Zi4Q4e: -Telephone No: 561-845-8009 ext. 102 Fax�Toc - - _ 3� 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 Vproven experience of successfully developing properties continuously for a minimum of five (5) years; and Io Ninaability to provide the proposed redevelopment; and 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. BIDIPROPOSAL 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 any duly authorized to submit this proposal on bebalf of the company named above and that the company is ready, willing, and able to perform if awarded. Lawrence Taylor Printed Name - Managing Member 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 fuliv comalete and submit this information Sheet mar result in reiection of the submittal. Page 25 of 34 140 of 435 i FORM B s RFP #23-11 H°"'E of `"" 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 # I DATE RECEIVED 1 - 6/13/2023 - i 3 i - -4 5 16 7 1 S 10 No Addenda was rec ' n connection wit Heitation. Signature: — Title: Managing Member-- Print Tame: Lawrence Taylor Date: 7/14/2023 Failure to fu1h cotniolete. sign and submit this Form ma% result in reiection of the submittal Page 25 of 34 141 of 435 M it FORM i C RFT 423-11 HOME OFFUMAN1SUN0 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 nr 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: Stilldragon North America LLC 7788 Central Industrical Drive, Suite 6 West Palm Beach, FL 33404 561-845-8009 ext. 102 Email Address: Smaug@stllldragon.com and b1l]&911dragon.com 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 riot permitted. Strikeovers, changes, and corrections by the Proposer must be initialed. Questionable entries will be rejected. ADDRESS PROPOSED PURCHASE PRICE 100 Veterans Memorial Way, I Sebastian, FL 32958 5 9 ,050,000.00 CHECK) nv USE (PLEASE ❑Residential n CommercialH- PROPOSER'S Signature. Title: Managing Member Print Name: Lawrence Taylor Date: 7/14/2023 Failure to fully complete, sign and submit this Form mati result in reiection of the submittal Page 27 of 34 142 of 435 r., FORM D RFP #23-11 WME Of VWCAN MAW 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 lndustrical 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 bill@stiIldragon.com Federal Identification No,: 46-0548006 This Business is: ( ) An Individual () A Partnership { A Corporation Proposer's License No., igolicable: *Attac t�cerlifcate af sfatns, competency, andlor stafe regisiration (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 R (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 9 (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. None (5) Describe ANY other affiliation or business relationship that may cause a conflict of interest. if none, write NONE. Norte 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. ■cvn�•�r�revr����F■s�r�r�rar�ar�arre����o�r�ar�v�rra�������xrrrrr��r���rrrrr�s�a���aoos�ea�• CONTINUED NEXT PACE Page 28 of 34 143 of 435 RFP 423- E 1 `iOW OF PRXM 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 faIsica11 y f is shall he car �or forfeiture of rights for further consideration of this proposal for the City of Sebastian, % 7/14/2023 Date Failure to fully comulete, sien and submit this Disclosure may result in reiection of the submittal Page 299 cif 34 144 of 435 SE FORM -W E _ - - RFP #23-11 "0"1EOfPW"'"'IS" PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY &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: Wpllwww/dhe,.VA-Verif - "CQniractor" 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 sen ices 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/Cousultant/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 totime. Yhis i'nrludes, "but is not lirndied fo, iddiiation of the E- Verb System -to o ver the work authoilidii6nistatr�s _ " of all newly Wired 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 shaft maintain a copy of such affidavli 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 far 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. 1 hereby admowIedge 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. ConVany Name: Stilldragon North Attie ' a LLC Authorized Name: r ce Taylor Title: Managing Member Signature: Date: 7i1 412023 Proposer must submit their Comnanv Profile Paee from E-Verify with their bid. W*W�It****&*W***1F******�4********aF*dk*Arc:t**7e***�Rir****X*****a4*�tlekitaFlrkilWik �k Wic***147kXXYrYe�F a4X�k WYe �k***dt+t# klfit*tk* State of Florida County of �w� This instrument was acknowledged before me o go"' & UAIMIR JEFFERSON a �, ommiN} e of Florida Commission k 337656 My Comm. Expires Dec A, 2026 Failure to fully co3nulete, shin anc Page 30 of 34 In reiection of the submit 145 of 435 CEBASTLAN FORM ' F RFP #23-11 NDA4E°fPs"c""{"AND PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL WAY NOTIFICATIONS AFFIDAVIT I, Lawrence Taylor Managing Member (Print Authorized Name) (Title) of Stilldragon North America LLC (Company Name) affirm that I 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: Signature: • Conflict of Interest • No Lobbying • No Collusion • Immigration Laws • Drug -Free Workplace • Public Entity Qnmo.. • Debarment and Suspension, Proposer must submit their Comoanv Profile Page from SAM with their bid. • Scrutinizer Vendor f %J Date: 7/14/2023 *********•*****************A`,k1Y1k1F*'k!t!k*M`M'Y**t***titF***7k 1*`�F,�*,** r7k'*�k*k**7kekt**9P* Stateof Florida1W�J� �L �✓ County -46M The foregoing Affidavit was acknowledged before me on 7/14/2023 (DATE). <►�Y� �DAEMlR EFFERSo -- • ! �Natary Puptir - State of Florida Notarn' Public Signatur� d Commission k HH 33768E ' 9! My Comm, Expires Dec 4, 2026 Failure to fully comalete, sJVn and submit this Affldavit mat, result in rejection of the submit Page 31 of 34 146 of 435 ,n, FORM G RFP #2 3-11 Hw�wmr°Fpalcm mo PURCHASE AND REDEVELOP 100 VETERANS MEMORIAL. WAY MINORITY. WOMEN and DISABLED -OWNED BUSINESS CONCERN REPRESENTATION. Mlnorlty-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 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 O African American Caucasian (CAUL) ❑ Native American (NAAM) (AFRAM) 0 Hispanic Americana Asian -Pacific American (ASIAP) D Asian Indian (ASIA0 (MHISP) American 0 Other, please identify: J Woman Owned (W) 0 Disabled Owned (D) The Proposer has 0/ has not 0 used the following procedures iii searching for and obtaining suppliers a a dsubeontractors: • 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 f.rm to handle an 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. CONTINUED ON NEXT PAGE REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 32 of 34 147 of 435 I ,;Do - - RFP #23-11 Hwtof fIRANtf1rND 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: 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 releasedlavailable (mark all that applies): Indian River Press Journal (TCPalm) DernandStar/onvia City of Sebastian Web Site Other (please specify below) Page 34 of 34 148 of 435 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 149 of 435 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. 150 of 435 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 151 of 435 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 ................................................. 55 152 of 435 TABLE OF CONTENTS (continued) SITEPLAN........................................................... 56 BUILDING IMPROVEMENTS ............................................. 57 BUILDINGS #1 & #2.................................................... 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 ......................................... 82 153 of 435 TABLE OF CONTENTS (continued) CERTIFICATION OF APPRAISAL ......................................... 83 QUALIFICATIONS OF THE APPRAISER .................................... 85 APPRAISAL LICENSES ................................................. 88 154 of 435 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. 155 of 435 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. 156 of 435 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 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. 157 of 435 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. 158 of 435 5 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 Directorof the Cityof 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 159 of 435 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 0 160 of 435 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. 161 of435 8 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. 162 of 435 9 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 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. 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. 163 of 435 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. 164 of 435 11 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 NW1/4, 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 N0012'40"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 SB9'25'41"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 N3814'59"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 N89'59'18"E 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. LJ!LA (DESCRIPTION BY SI;IRVEYOR) 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 165 of 435 SKETCH OF LEGAL DESCRIPTION EXHIBIT "A" PROJ.# 23-046 • SKETCH OF DESCRIPTION — NOT A FIELD BOUNDARY SURVEY • THIS SURVEY PERFORMED BY: HOUSTON. SCHULKE. BITTLE do STODDARD. INC. L6.#6905 d.b.a. MERIDIAN LAND SURVEYORS 1717 INDIAN RIVER BOULEVARD. SUITE 201 VERO BEACH. FLORIDA 32950 • PROFESSIONAL SURVEYOR do 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 S89'25'41'W FOR A DISTANCE OF 392.04 FEET TO A POINT ON THE SOUTHEAST RIGHT OF WAY LINE OF STATE ROAD 512 (WESTBOUND); THENCE RUN N38'14'59'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 SO./FT.) MORE OR LESS. TH18 SK674{i•. `, 7" I$ -'VALID WRHOUT THE SIGNATURE Yi4E RAI 61FAL OF THE FLORIDA MERICIAN �e e�o P peElOw LAND 8UFHVEY *U3 - rinse ov 17171ANlIVBLS 1 ®Og2g7p�13PHONE: 779PAM rLouoA ^ear/�/�L? 772-794-1096 \ EMAIr-IIQ 9-LB6905.COM HILLY M. M DV:1!!::'.': '::: P.SM.05336 SiiLL 1 2 OF .S 12 166 of 435 r SKETCH OF LEGAL DESCRIPTION � EXHIBIT "A" *NOTE t�6RAPi?ttO SCAB PROJ.# 23-046 THE BASIS OF BEARING FOR THIS 170� i :. i SURVEY IS S00'09'49'E. ALONG THE -80n (a' WEST LINE OF GOVERNMENT LOT 2 w BO SEC. 26-T31S-R39E ABBREVIATIONS. PB -PLATLAT BOOK C.R. - COUNTY ROAD Z R/W - RIGHT OF WAY P.O.B. - POINT OF BEGINNING P.O.C. - POINT OF COMMENCEMENT - CENTERLINE aft pa 0 Q ' paaima OF �Tr z � (aTm MOT. Pa MM) � �� 1� 1. (ORB ESM. ) P0. 102WI So01r409t O N .� 9 aaCD) BY ri ® 1/4 01 TM \ POC 'I>BJ AXP ffiII7 k '1» k �t �!>ffi8 k 'LLL Br I �r I i yr ma 1 Tntrra►tu ♦Tiles 5. sonr4rw m1y MERIDIAN ® THIS SKETCH OF DESCRIPTION ARE NOT VALID WITHOUT L_ANC) SURVE-YOR8 SHEETS 1-3. THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE FLORIDA REGISTERED SURVEYOR AND MAPPER I717IIZBJANRIVSRHLVD,BLTITB201 VHROBHAR1, FL. 32460 LBN6905 NAMED HEREON WHICH SIGNATURE AND SEAL MAY BE PHONE: 772-79 H.F FAX: LB#94-1096 FOUND AT THE END OF THE ATTACHED REPORT. THE PLAT �; II1F0'1213 FAX* 775 COM AND REEPORT ARE NOT FULL AND COMPLETE WITHOUT ONE EbiA\ R. SHEEI 1 Of 3 13 167 of 435 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. 168 of 435 26 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 18,251,243 180 of 435 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 NIA 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. 181 of 435 Demog, ao;,;cs 'Fable 2: Indian River County Po ulation Projcetions 2020-2045 _ 2Q2.6 20;g �43� 29,3,E 2040 �pa5 Total County (BEBR) I 15P,78$ 1 171400 181,700 18/� OQ 196 900 203.100 ' Sourcc: tinivcmity Q f F)orida� Pureau ofEconomiq e�_d Business Research (Mcdiu��iniections, based on U20 Catsus oonulation cotigl) Projected IRC Population f , 250,000 200,000 a O 150,000 m M 100.000 ti 50,000 0 2020 2025 2030 2035 2040 2045 Year Sourcc: Bureau or&onemic and Busin<as Rescarch, HQ-,ida Swi,bal Ahuract. Univmity oTFlorida. US Ccnsu Bumau. Community Development Department Indian River County 6 N lV O 00 41 W Ch Indian River County Population by Age Group Share of Share of Share ooffl Yw 0-14 PopHj4�f,JFi 15-24 � Popu��dqq 25� PopHIAl87 � 19M, 1990 14,684 16.28% 8,996 9.97% 22,435 24. 6/° 17,677 1$.6So% (0��4 25154 22.27°% 2§,jfi0 21}10 26,9�� 1�.21/° 141 9 10.18d/° � 26,Z5 19��2/° �$`0 1420• 22,1i�.6 14�5°�q 14t7]� 9.37%29,935 18.99%.. 41,751 Source: Bureau °f Fmn°mic and Business Research, rlaride Statistical Alntract Univeaity of Flonda. US Comm Bureau. •Laimatebwd cm 2010 Census projoefions )IO ao Riv% County Popuiatiorlpy §p ak110^W Year Faf 1 466, J QUA 7 ;31,6Gr' 176.013 _ ource: U.S. Census & HEBIL 'Estimate Based on 2010 Census projections 180.000 160,000 140,000 e 120,000 c 100.000 a 80.000 n° 60.000 40,000 20,OOD 0 2020 Estimates' 60.000 OFrmale Offtle 50000 40.000 76.013 30,000 1 0,000 '1D,000 - y 0 Demographics Share of 65 and Share of ?90' ' 0ygF Population 2I.6 /° 14t592 27.26% 23.34% ,;,P72.. 29.19% 28.120/9 37,504 27.17% 26.49% 48,536 30,79% IRC Population Change 1930 - 2020 Population Cohort Change 2000- 2020 2000 2010 1930 1940 1950 1960 1970 1080 1990 2000 2010 2015 2020 Year Community Development Department 2020' Indian River County 8 �SS24 -4r2s44 f 4&64 85antl II Over 8,996 9.97% 22,435 24. 6/° 17,677 1$.6So% (0��4 25154 22.27°% 2§,jfi0 21}10 26,9�� 1�.21/° 141 9 10.18d/° � 26,Z5 19��2/° �$`0 1420• 22,1i�.6 14�5°�q 14t7]� 9.37%29,935 18.99%.. 41,751 Source: Bureau °f Fmn°mic and Business Research, rlaride Statistical Alntract Univeaity of Flonda. US Comm Bureau. •Laimatebwd cm 2010 Census projoefions )IO ao Riv% County Popuiatiorlpy §p ak110^W Year Faf 1 466, J QUA 7 ;31,6Gr' 176.013 _ ource: U.S. Census & HEBIL 'Estimate Based on 2010 Census projections 180.000 160,000 140,000 e 120,000 c 100.000 a 80.000 n° 60.000 40,000 20,OOD 0 2020 Estimates' 60.000 OFrmale Offtle 50000 40.000 76.013 30,000 1 0,000 '1D,000 - y 0 Demographics Share of 65 and Share of ?90' ' 0ygF Population 2I.6 /° 14t592 27.26% 23.34% ,;,P72.. 29.19% 28.120/9 37,504 27.17% 26.49% 48,536 30,79% IRC Population Change 1930 - 2020 Population Cohort Change 2000- 2020 2000 2010 1930 1940 1950 1960 1970 1080 1990 2000 2010 2015 2020 Year Community Development Department 2020' Indian River County 8 �SS24 -4r2s44 f 4&64 85antl II Over ;31,6Gr' 176.013 _ ource: U.S. Census & HEBIL 'Estimate Based on 2010 Census projections 180.000 160,000 140,000 e 120,000 c 100.000 a 80.000 n° 60.000 40,000 20,OOD 0 2020 Estimates' 60.000 OFrmale Offtle 50000 40.000 76.013 30,000 1 0,000 '1D,000 - y 0 Demographics Share of 65 and Share of ?90' ' 0ygF Population 2I.6 /° 14t592 27.26% 23.34% ,;,P72.. 29.19% 28.120/9 37,504 27.17% 26.49% 48,536 30,79% IRC Population Change 1930 - 2020 Population Cohort Change 2000- 2020 2000 2010 1930 1940 1950 1960 1970 1080 1990 2000 2010 2015 2020 Year Community Development Department 2020' Indian River County 8 �SS24 -4r2s44 f 4&64 85antl II Over 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. Economv, Emplovment, 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. 184 of 435 Commerce and Industry Lareest Employers in Indian River County Number ofEwAoCers Companv Name NAICS Malor Group Total Full-time Pat -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) 1,390 (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 Cam and Social Assistance (NAICS 62) 486 251 235 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 (NAILS 61) 223 125 15 150 Cityof Sebastian Public Administration (NAICS 92) 188 131 31 20 Flight Safety International Educational Services (NAICS 611) 170 170 0 0 B&W Quality Growers Agrieulture/Arugula 142 (breakdown not available) Grand Harbor Management" Construction (NAICS 23) & Real Estate (NAICS 531) 125 73 18 35 Captain Hirarns Restaurant & Resort" Resort/Restaurant 174 100 74 0 Source: 1RC 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 v, w —n w v, Commerce and Industry 12,000 Indian River County Average Annual Employment by Major NAICS Group: 2017-2021 10.000 m $ 8.000 a E 6,000 e = m 4.000 2.00 0 0 A 1111reffiffOhl Jul Sic "`." c� ;`� � LS�e `o`` `�' �F c�ro •`cG' e`' err' ;.ct` c` •�eE' `�cF .�F� �' of F`P cF� ♦� r \�4 `J\ rs, �c .�F cfr �Sf �zr Le `cam wa�F �v^ c+ V �� � O�c e `cc`` " � �� c ^` � �. o `aos D� it n2017 62018 02019 Q} ■2020 •2021 Source: Indian River County Plarming Division; Department of Economic opportunity, Labor Market Statistics, Quarterly Census of Employment and Wages Program (ES-202). In coopetation with the U.S. Department of Labor, Bureau of Labor Statistics Community Development Department Indian River County I I 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. 187 of 435 34 Labor Force and Unemplovment - 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. 188 of 435 Commerce and Industry Indian River County Unemployment Information 2018 & 2019 Annual Average 2019 Monthly j 12018 1 2019 I Jan Feb Mar Apr May June July Aug Sep Oct Nov Dec Labor Force 63,999 66,680 1 66,466 64,489 I 66,479 65.463 66,283 66,352 66,491 I 66,456 66,643 67,312 � 67,818 67,971 I Unemployment Rate 1 4.3% 3A% 4.40% 3.90% 3.7% 3A% 3.6% 4.2% 1 4.2% 4A-1 3.7% 3.4% 3.2% 3.1% 2020 Annual Average 2020 Monthly Labor Force 63,960 66,238 166.369 60,549 161 61,6t2 163,213 163,672 63,484 64.320 64,924 I65.492 j Unemployment Rate 71% 3.7% 166,698 3.6% !1 5.136 14% F12.5% 9.2% 1 104% 6.8% 5.9% 5.5% 5.5% 5.2% 2021 Annual Average 2021 Monthly Labor Force 65,119 64,571 64,790 64,910 64.269 64,446 64.763 165,403 I65,468 65,455 65,968 I65,563 I65,915 I Unemployment Rate I 4.7% 6.0% 5A% 5.2% 5.0% 4.8% 5.5% 5.2% 5.001. 4.3% 3.9% 13.5% 3.1% Source: State of Florida, Local Area Unemployment Statistics _ Note: Unemployment data are obtained from the Departarent of Economic Opportunity (fonoerty Florida Agency far Workforce Innovation). Monthly unemployment data are published by the state approx. I to 2 months after the particular month. See the following website for current unemployment data: htto:/Avww.floridaiobs.oWworkforce-statistics/data-center/statistical-omvramsAocal-area-unemployment-statistics Historical Unemployment Pattern 16.00% 14.00% 12.Oo% 10.00% 8.00% 6.00% 4.00% 2.00% 0.00% Indian River County —State of Florida Community Development Department Indian River County 12 o v' �-n 41 w 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. 190 of 435 July 2023 Jurisdiction Building Type Unincorporated Single -Family Units Countv Multi -Family Units Mobile Home Setups Vero Beach Sebastian Fellsmere Indian River Shores Orchid R Conmmcialllndustrial Sq. Ft. Single -Family Units Mufti -Family Units Mobile Home Setups CommercialAndustrial Sq. Ft. Single-FamilyUnits Multi -Family Units Mobile Home Setups Commercialllndustrial Sq. Ft. Single -Family Units Multi -Family Units Mobile Home Setups Commercial/Industrial Sq. Ft. Single-Famfly Units Multi -Family Units Commereial4ndusfrial Sq. Ft. Single -Family Units Multi -Family Units Commercial/lndwrial Sq. Ft. Department Activity Buildina Permit Information for New Construction: Permits Issued Pemrr.s Per Calendar Year 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 262 321 475 576 695 806 985 905 1.005 1,102 698 8 12 5 120 118 79 104 200 26 48 472 7 replaced I0 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 235,655 32,578 89,965 206,969 184,247 108,404 453,193 159,985 158,851 235,812 307,528 15 21 18 22 21 20 21 19 17 88 40 0 0 4 0 17 0 7 18 0 15 7 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 0 new 3 new 3.. I rgllaced 54011 0 new 0 new 19,172 48,836 69,339 45,374 86,530 33,259 66.870 6 60 37,940 121.879 70 181 166 170 151 132 176 164 174 296 210 0 0 0 0 0 0 0 10 2 6 0 4 10 1 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 new 3 new 7 new 24,977 9,389 11,600 92,917 29,575 104,465 34,216 2,575 19,712 62,698 11,318 10 5 4 5 5 4 5 4 5 10 3 0 0 0 0 0 0 0 0 0 0 0 10 2 replaced I 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 9,245 0 0 0 0 0 0 27,208 98 0 0 7 9 18 34 42 16 41 33 31 53 32 0 0 0 0 0 0 0 0 0 4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 2 0 1 1 1 1 3 12 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 19,189 0 7,300 0 0 0 0 Community Development Department Indian River County 22 w J July 2023 Department Activity Totals of 2000-2010 2011 2012 2013 2014 2015 2016 2017 2o1R 2019 2020 2021 2022 Permits/Calendar Permits Permits Permits Permits Permits Permits Permits Permits Permits Permits Permits Permits Permits Year (all lurisdlctions) Total Single Family 17,479 309 364 537 683 809 914 979 1,229 1.126 1,233 11552 995 Units Total Multi -Family 3,777 22 8 12 9 120 135 79 111 228 28 73 482 Units Total Mobile Home 370 5 15 27 39 45 76 29 105 85 17 64 86 Setups I Total Commercial 6,116,299 104,505 289,049 90,803 170,904 345.260 319,541 246.128 561,579 251,948 1236,672 336,450 440,725 SOFT Total Residential Units and Permits Total Residential Units (all lurisdlctions) (compiled starting from 2000 census indicating existing units throuelt to present) Total Single Family Units I 64•449 Total Multi -Family Units I 19,182 f I Total Mobile Home Setups 7.829 Total Housing Units l 91,460, Historical Residential Building Permit Activity (Unincorporated Indian River County) 3000 2500 ^ a 2000 a isoo 1000 soo o, , ,. , . . , . If 4P 014P 41 4P 4P 41 e 41, 41 4P 40 411, , r— Single Family — Multiple Family Community Development Department Indian River County 23 tv t+' o O0 �-n w v, July 2023 Department Activity Commercial Building Permit Activity (Unincorporated Indian River County) 1,400,000 1,200,000 1,000,000 800,OOO 6OO,OOO 400,000 200,000 0 O1 a 48 O a O 8 *0 *N+y *� *0,► N N Ow � N ❑ Commercial/Industrial 5QFT Community Development Department Indian River County 24 u.) �-n w v, 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 Prolects 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 LotsJUnits 2015 484 Community Development Department Indian River County 25 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 fortrade 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. 195 of 435 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. 196 of 435 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. 197 of 435 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. 198 of 435 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, anew 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 overthe 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. 199 of 435 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 fora 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 overthe 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. 200 of 435 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. 201 of 435 48 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% 202 of 435 49 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 1st of the new year. 203 of 435 50 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 Main Site -100 Veterans Memorial Way 06-31-39-00000-5000-00024.0 $892,848 2022 Taxes Site Size $ 962.51 4.13 Acres 190 Sebastian Boulevard 07-31-39-00000-3000-00006.0 $ 51,307 $ 147.49 0.29 Acres Totals $944,155 $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. 204 of 435 51 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. 205 of 435 55 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. 209 of 435 57 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 211 of 435 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. 214 of 435 61 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 bythe 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. 215 of 435 62 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. 216 of435 63 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 thatwere 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 Building #1: Office/Warehouse Building #2: Service Garage/Office Building #3: Metal Warehouse Building Total Gross Building Area Size/SF Year Built - Age 1,764 SF Built 1979 - 44 years 3,558 SF Built 1992 - 31 years 4,000 SF Built 1999 - 24 years 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. 217 of 435 64 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. 218 of435 65 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. Adiustments 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. 219 of 435 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 s1 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. 220 of 435 67 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. 221 of 435 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: $3.22 / 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. 223 of 435 70 AERIAL MAP -SALE #2 ,v ♦SHjrL`rr . This property was listed for sale for $120,000 and sold for $115,000, closing in March, 2022. The property had previously sold for $120,000 in March, 2019. The property is still vacant today. The most recent sales price of $115,000 equates to $3.22 per square foot. This sale is adjusted plus 12.75%for market conditions indicating a current price of $3.63 per square foot. The location is just west of the subject and is rated similar overall. Size is smaller and adjusted minus 15%. No other adjustments are estimated. This commercial land safe indicates an adjusted value of $3.09 per square foot, which is at the lower end of the range. 224 of 435 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. 225 of 435 Y 1 F 1 1 � 5 1, AERIAL MAP - SALE #3 PlAk #, lip, J 72 The indicated purchase price of $1,483,733 equates to around $7.57 per square foot. The sale is very recent and not adjusted for market conditions, The location along U.S. #1 is rated superior and adjusted minus 10%, Size is slightly larger, but not adjusted. Only other adjustment is minus 10% for shape/depth. This commercial land sale indicates an adjusted value of $6.06 per square foot. 226 of 435 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 Tract A, 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. 227 of 435 AERIAL MAP - SALE #4 0A, } . G .�f :J• 'A . I `h 74 s MIRROR LA�FIR tv k OL r a The sales price of $835,000 equates to $9.66 per square foot. This sale is adjusted plus 10.5% for market conditions indicating a current price of $10.68 per square foot. The corner location along U.S. #1 is rated superior and adjusted minus 25%. Size is smaller and adjusted minus 10%. No other adjustments are estimated. This commercial sale indicates an adjusted value of $6.94 per square foot for the subject property. 228 of 435 Type of Property: Grantor: Grantee: OR Book/Page: Date of Sale: Sale Price: Adjusted Sale Price: Tax I.D.#: LAND SALE #5 Industrial Acreage 2600 41" Street Vero Beach, Florida 32967 Indian River Business Park, Inc. VB Storage Development, LLC 3576/1661 October 11, 2022 $1,300,000 No adjustments made 26-32-39-00000-3000-00045.1 75 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/l, 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 st 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. 229 of 435 M I►_1A v_1Ey,FTAIMW_IIW:R 1 I _ I I _ �A C L-J, --- 42ND I i ----------------- ------- r 4 F-7 � 1 1 Lr 1 ' - 1 This comparable sale closed in October, 2022 and is adjusted plus 7.5% for market conditions indicating a current price of $4-45 per square foot. The location is rated inferior and adjusted plus 25%. Site size is larger and adjusted plus 10%. A minus 10% adjustment is estimated for shape/depth. After adjustment, this comparable land sale indicates an adjusted value of $5.56 per square foot, or $242,285 per acre for the subject property. 230 of 435 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, eta[ 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. The 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. 231 of 435 78 AERIAL MAP - LISTING #6 qpAq 04 it rr- r � viY a . f - ,C.b �. -.4=„ x W(}ODw[fif AP 1 This property is listed for sale for $445,000 for each lot, or a total of $890,000. This equates to $8.88 per square foot for the upland usable site area. No prior sales had occurred over the previous 3 years. However, there had recently been a contract on this property, but since cancelled. The location is adjacent to the south of the subject and is rated similar overall. Size is somewhat smaller and adjusted minus 5%. The additional site area containing the retention area and the use of this retention area is adjusted minus 10%. Last adjustment is minus 10% for listing negotiations. This current listing indicates an adjusted price of $7.51 per square foot. A Land Sales Summary and Adjustment Grid is provided on the next page, followed by a land sales location map. The land sales location map includes sales #1 thru #4, as well as listing #6. Land sale #5 is located along the north side of 41" Street, west of the FEC Railroad Tracks. This location is north of the City of Vero Beach in the Gifford area. It is not shown on the land sales location map, but an aerial map has been provided on a previous page. 232 of 435 46839L/SHEETS >���1:lIJIL}i GRANTEE DATE OF SALE RECORDED - O.R. BOOKIPAGE SITE DATA: SITE: FRONTAGE DEPTH SIZE - SF SIZE -ACRES FRONTING ROADWAY BRIEF LEGAL ZONING SALE ANALYSIS: SALE PRICE - ADJUSTED SALE PRICE PER SF SALE PRICE PER ACRE TIME (MARKET CONDITION) AD. CURRENT ADJUSTED PRICE PE CURRENT ADJUSTED PRICE PE ADJUSTMENTS LOCATI ACCESS SIZE SHAPE/DEPTH IMPROVEMENTSISITE FACTORS LISTING ADJUSTMENT NET ADJUSTMENT ADJUSTED PRICE PER S.F. ADJUSTED PRICE PER ACRE LAND SALES SUMMARY AND ADJUSTMENT G%Q SUBJECT SALE #1 SALE #2 SALE 03 SALE #4 SALE #5 LISTING #6 CITY OF SEBASTIAN CLIFFORD & DEBRA NAILS SALON & SPA MACY'S PRIZE, LLC THE SALT CREEK INDIAN RIVER WILLIAM BROGNANO SCHOONMAKER BY THU'S 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 Jul-23 Jurr22 Oct-22 CURRENT 3466/1259 35231/552 363912052 3553/801 357611661 LAMBERT COMMERCI, 555 335 IRREGULAR 570 IRREGULAR 575 IRREGULAR IRREGULAR 160 IRREGULAR 395 IRREGULAR 488 IRREGULAR 157,W2 53,242 35,719 196.020 85,378 314,068 100,188 3.63 1.22 0.82 4.60 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 - 66. BLK 492 TRACT X METES & BOUNDS NW CORNER OF U.S.1 METES & BOUNDS BLVD., LOTS 1 & 2 6 & 7-3149 SEB. HIGH 412 ASHBURY 7-31-39 & SCHUMANN 26-32-39 ROHM COMMERCUIL PS -CG/IN C-512 CG CG CG IL CG $576,000 $115,000 $1,483,733 $825.000 51,300,000 5890,000 $10.80 $3.22 $7.57 $9.68 $4.14 $8.88 $470,437 $140245 $329,718 $420,916 $180,305 $388,957 18.00% 12.75% 0.00% 10.5% 7.50% 12.75% $12.74 $3.63 $7.57 $10.68 $4.46 $10.02 5555,116 $158,126 $329,718 $465,113 S193,826 $438,293 -10% 0% -10% .25% 25% 0% -10% -15% 0% -10% 10% -5% -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 5360,825 $134,407 $263,775 $302,323 $242,285 $327,220 CONCLUSION - $1.000,000 OR APPROXIMATELY 58.331SF EQUATES TO APPROXIMATELY S275,000 PER ACRE Z v cn D r m cn cn c D D Z v D v L c m Z G) v 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 1. $ 8.28 2. $ 3.09 3. $ 6.06 4. $ 6.94 5. $ 5.56 6. (Listing) $ 7.51 Comments 469 - 497 Sebastian Boulevard Ashbury - Low Sale? 11450 U.S. #1 600 Schumann Drive 2600 41 s' Street 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) 235 of 435 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. 236 of 435 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. 237 of 435 84 CERTIFICATION OF APPRAISAL (continued) 1) As of the date of this report, 1, 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 238 of 435 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. 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. 239 of 435 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. 240 of 435 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 Types 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. 241 of 435 APPRAISAL LICENSES Ron DeSantis, 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 #C VERO BEACH FL 32960 ISSUED. 09/06/2022 Always verify licenses online at MyRorldalicense corn Do not alter this document in arty form. This is your license. It Is unlawful for anyone other than the licensee to use this document Ron DeSantls, 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 D 1940 10TH AVE C VERO BEACH FL 32960 ISSUED:09/19/2022 Ways verify licenses online at MyFloridaUcense.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 88 242 of 435 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 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 outfali 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 is The CRA closely identifies with its earY g 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. AROADS, PARKING, & PEDESTRIAN i I 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. 4-10-05 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 243 of 435 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 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 CoSlor 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. 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. Ili. 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. Ill 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 Redevelopment Ncv, I 1 244 of 435 RECOMMENDED IMPROVEMENT & REDEVELOPMENT ACTIVITIES AND PROGRAMS WITHIN THE SEBASTIAN CRA REDEVELOPMENT AND IMPROVEMENT ACTIVITY BY CONCEPTUAL. PLANNING DISTRICT Sebastian U Sebastian Park Blvd. .S.-� 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 RenovationslUpgrades 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. SObasYan CooYm"ty Radovalopment Agency, GAI Consuftanl% 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. STORMWAIER 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 LIDJBMP alternative practices such as vegetated swales and buffers, permeable pavers, biaretention and bioswaies. I 64 1 2023 Sebastian CPA Sustainable Redevelopment Master Plan 245 of 435 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 Park Blvd. Mixed --Use -A Riverfront k District '�" District District ` w' 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.-1 Commercial .-•lid 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 ; nri 1 55 1 246 of 435 CRA & Final Budget Hearing Regular City Council Meeting "ea: rnher 27, 2023 Page 4 MOTION by Mr. Dodd and SECOND by Mr. McPartlan to not take action on this item and move it forward to City Council. Vice Chairman Nunn noted the proposal did not include the parcel next to the water. Roll call: Mr. Dodd - aye Mr. McPartlan - aye Chairman Jones - aye Ms. Dixon - aye Vice Chairman Nunn - aye Motion carried. 5-0 t) Rcc=st for Proposal (RFP#23-11) for the Sale and Redevelopment of City - Owned Pronert,, and provision of a Mixed -Use Development Located at 100 Veterans Memorial Hiahway. Sebastian, Florida Situated in the Community Redevelopment Area (Transmittal.. RFP#23-11. Response, Appraisal. Master Plan Exc t The City Manager said the request for proposal was released on May 15 with a mandatory site visit that took place on June 7 and the City did received one proposal from StillDragon who would like to make a presentation. 'Chtre was a consensus of the hoard to move the proposal to Cily Council. 8. Chairman Jones adjourned the Community Redevelopment Agency meeting at 6.25 p.m. and reconvened the City Council meeting. 9. PUBLIC HEARINGS A. Final Hearin^ on Millai4e for Calendar Year 2023 and FY 2023/2024 Budget The City Attorney cited F.S.200.065(2)(c) outlining the method of fixing the millage and read the titles of Resolution Nos. R-23-24 and R-23-25. ii. The City Manager announced the final millage tax rate of 3.1955 is recommended which in accordance with FS is 21.62% higher than the computed rolled -back mileage rate. These revenues will be applied to general fund expenditures projected in fiscal year 2023 and 2024. He advised there was budget work in August, we had a tentative millage that was advertised as 3.1955 and the first public hearing was held last Monday whereby a few changes were made. The document was placed on the website with those changes. He offered to answer any questions and recommended approval. iii. Mavor Jones ooened the public hearrtnp- for both the final milia2e and or000sed budcet however there were no -individuals to sneak. 251 of 435 CRA & Final Budget Hearing F egular City Council rvleeting Seatember 27, 2023 Page l I Roll call: Council Member Dixon - aye Council Member Dodd - aye Council Member McPartlan - aye Mayor Jones - aye Vice Mayor Nunn - aye Motion carried. 5-0 23.092 C Consideration of the Evaluation of the Request for Proposal (RFP#23-11) for the Sale and Redevelopment of Cisv-Owned Property and Provision of a Mixed -Use Development Located at 100 Veterans Memorial Wav, Sebastian. Florida, (former Public Works Compound) Situated in the Communitv Redevelopment Area for Possible Award to StiIldra!!on of North America, LLC) The City Manager said the City received one response to the RFP from StillDragon who was present to make a PowerPoint presentation. (See attached) Larry Taylor, owner StillDragon North America, introduced himself and said they manufacturer distillery equipment out of West Palm Beach and they were looking for a place to call home. They have created some innovative pieces in the distillery business. He displayed a proposed site plan of how they plan to use the existing buildings. Mr. Taylor described how they plan to implement a distillery school, gift shop and speakeasy building to hold art shows, car shows and music venues with outdoor seating. He said he was concerned about the potential environmental issue and the inherited liability if they were to purchase the property. He suggested a few lease options with the option to buy, The City Manager said the City has been working with FDEP for a number of years where the contamination was remediated and the City was close to getting a full clearance but FDEP added some additional chemicals that were found at the site. The City has re-entered into the re -mediation phase and moved forward with a 3'd party vendor with an action plan and he has been trying to see where the City is with the remedial phase. He said StillDragon might start using the buildings on the western side until the property is cleared and he noted that City operations never stopped on the property during the remediation. Council Member Dodd said they are talking about putting $3.5M worth of enhancements into the property and it is exactly what he would like to see there. He asked how they could facilitate this without the City taking the liability to clean it up. What would have the liability been for the City if we cleaned it up. The City Manager said one thing they should consider is that the City has entered into a remediation plan agreement with FDEP where they pay 75% and we pay 25%, and once we get the clearance he didn't think there would be any liability on either party. 252 of 435 CRA & Final Budget Hearing Regular City Council Meeting September 27, 2023 Page 12 Council Member Dodd said if we were to do a lease, how they finance their enhancements to the property. Mr. Taylor responded that if they leased the property they would be able to get financing but there needs to be more negotiating. Council Member Dodd said if he would support leasing the property if it got StillDragon in there to work. He asked if they could make that decision tonight. Mr. Taylor said that would be predicated on receiving a clean bill of health on the property. Robert Votaw, Catalyst Business Services, said a lease -hold improvement is different than owning the property which can be done without having issues with the environmental study. He advised that the zoning on the property may have to take place prior to a contract being signed. The City Manager said on page 111, in the bid submittal, StillDragon does request various waivers such as the grandfathering of existing building for the proposed use, compliance with dimensional standards and other land development requirements. Council Member Dodd asked that they table this until a date certain until they receive input to the ooncans. The City Attorney said it has been brought to them as a purchase so their options are to reject the proposal and consider leases or other options. If they put is out to lease, there could be other bidders. Scott Taylor, Environmental Engineer, said the known contaminate groundwater plume is state fimded which is hard to get out of it and foolish to turn down the money. He advised to stay in the state r ,, 6 : - and it will take a couple of years to receive "no further action." He suggested that they sit down with the County to advise them of the plan. Council Member Dodd asked if they should take the time to work out the parameters. The City Attorney advised that the property wasn't bid as a lease or lease purchase. She advised they could reject the proposal or they could withdraw the proposal and have the City to put it back out as a lease purchase option. Mr. Larry Taylor noted they have complied with the RFP and he is intent on buying the property if they receive a clean bill of health. Mr. Scott Taylor said the Phase 2 addresses the rest of the property and the environmental evaluation would be done today. Mr. Larry Taylor said he was willing to move forward with the purchase after the completion of Phase 2. 253 of 435 CRA & Final Budget Hearing Regular City Council Meeting September 27, 2023 Page 13 MOTION by Council Member Dodd and SECOND by Council iviember D xon to table item 14c to get through the second phase which allows the City to move forward with the sale of the property. Roll call: Council Member Dodd - aye Council Member McPartlan - aye Mayor Jones - aye Vice Mayor Nunn - aye Council Member Dixon - aye Motion carried. 5-0 23.105 D. Apr)roval of Lease with PROFLIGHT MANAGEMENT. LLC for HancTar "D" at the Sebastian Municipal Aimort and Authorization for the Citv Manager to Execute All Apr>ror)riate Documents (Transmittal. Agreements) The City Manager said this was a lease agreement for the use of Hangar D that was turned over to the City in May and this potential tenant has first right of refusal for the hangar. He requested approval. Council Member McPartlan asked if there has there been a recent fair market appraisal for rent completed for the airport. The Airport Manager said an appraisal has not been completed recently but he was trying to get properties up to speed coming out of the COVID experience. MOTION by Council Member McPartlan and SECOND by Vice Mayor Nunn to approve a lease agreement with PROFLIGHT MANAGEMENT, LLC for Hangar D. There was no public input Roll call: Council Member McPartlan - aye Mayor Jones - aye Vice Mayor Nunn - aye Council Member Dixon aye Council Member Dodd - aye Motion carried. 5-0 23.158 E. Award Invitation to Bid (ITB) #23-14 CDBG Housing Rehabilitation Proiect for 9 Sim le -Family Home Units to Qualified Bidders in Amount Not to Exceed S119,495.00 fTransmittal, Bid tab. Exhibits A-E. Attachments A & B) The City Manager asked for approval of the contractors selected to make the improvements to the nine units selected for the CDBG program. MOTION by Council Member Dodd and SECOND by Council Member Dixon to award the Invitation to Bid #23-14 CDBG Housing Rehabilitation Project to improve nine Single Family Home Units to Qualified Bidders. 254 of 435 Lin SIET .tom:-�-: _; HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetine ,Date: December 13, 2023 Aeenda Item Title: Whelen Aerospace Technologies Lease Extension Recommendation: Staff recommends approving this Lease Extension Agreement for Whelen Aerospace Technologies at Sebastian Municipal Airport. BackPround: The existing lease for Whelen Aerospace Technologies (formerly LoPresti Aviation), covering multiple Office Spaces in the Airport Terminal Building and Hangar "A" at the Sebastian Municipal Airport, will expire January 1, 2024. This lease contains the option to extend the lease, with City Council approval for a period of five (5) years. Whelen Aerospace Technologies (WAT) has expressed their desire to exercise this option, and seeks approval from the Council for extending this lease, The new expiration of the lease term would be January 1, 2029. If Aeenda Item Rerouires Expenditure of Funds: Budgeted Amount: NIA Total Cost: NIA Funds to Be Utilized for Appropriation: NIA Attachments: l . Whelen / LoPresti Original Lease Agreement 2. Whelen Aerospace Technologies Lease Extension Agreement Administrative Services Department Rcview:"� City Attorney Review: Procurement Division Review, f applicable:I�__ City Manager Authorization Date: W6 )do? 255 of 435 cm of 5EB..-- A-S-T" HOME OF PELICAN ISLAND SEBASTIAN MUNICIPAL AIRPORT 202 AIRPORT DRIVE EAST — SEBASTIAN, FL 32958 PHONE 772-228-7001 FAX 772-228-7078 i p-ri ffin0ciwofsebastian.orQ MEMORANDUM OF UNDERSTANDING This MOU is presented jointly between the City of Sebastian and LoPresti Aviation for the purpose of clarification of the agreement between the parties as it relates to construction of Hanger `A' at the Sebastian Municipal Airport. WHEREAS: 1. On April 2, 2008, the City Of Sebastian and LoPresti Aviation entered into a lease agreement. 2. The City Of Sebastian is constructing a Hanger/Shops building at the Sebastian Municipal Airport for the purpose of leasing said structure to LoPresti Aviation in accordance with said agreement. 3. Ahrens Company of Lake Park, Florida is the design/build contractor for the construction of the above referenced hanger. 4. It is the desire of LoPresti Aviation to create, and build. certain "green" items into said hanger. 5. It is acknowledged that addition of certain "green" items has the potential of adding value to the building. 6. It is further acknowledged that the City Of Sebastian, as owner of the building, may be eligible for certain grants because of the "greening" of the building. THEREFORE, BE IT RESOLVED THAT; I . LoPresti Aviation and the City Of Sebastian agree that any "green" items added to the aforementioned structure will be added at the sole expense of LoPresti Aviation. 2. The parties agree that any of the LoPresti "green" additions will become fixtures to the building and shall remain the property of the City Of Sebastian. 3. The parties agree that any/all grant monies returned to the City Of Sebastian as a result of the LoPresti effort/expense to `Green" the structure will be retilmed to LnPretti Aviation in lease credits. 49A41L- y Manager Curt LoPresti, CEO ian LoPresti Aviation 256 of 435 LEASE AGREEMENT between the City Of Sebastian and LoPresti Aviation 257 of 435 is 0 AIRPORT LEASE THIS LEASE, made and entered into this 2"d day of April, 2008, 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 LoPresti Speed Merchants, Inc. (hereinafter referred to as "Tenant" or LoPresti). The Landlord and the Tenant are sometimes collectively referred to herein as the "parties". This document contains seventeen (17) pages, plus Schedule Pages "A" and "B." WITNESSETH: WHEREAS, the Landlord is the owner of certain property located in the County of Indian River County, Florida; and WHEREAS, the 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; and WHEREAS, the Tenant desires to lease the said property from the Landlord, and to that end and in consideration of the premises, and the covenants, terms and conditions to be performed as set forth hereinafter; and NOW, THEREFORE, in consideration of the mutual covenants hereinafter provided, the receipt and sufficiency 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, the Landlord hereby leases to the Tenant and the Tenant hereby rents from the Landlord that portion of the real property of the Landlord which is described more particularly on Schedule "A" affixed hereto and made a part hereof by reference (hereafter referred to as the "leased premises A"), also included is that portion of real property of the Landlord which is described more particularly on Schedule `B" affixed 1 258 of 435 hereto and made a part hereof by reference (hereafter referred to as the "leased premises B"). In the event that any portion of the Leased Premises, A or B, is needed for actual improvements to the Airport, any portion thereof rendered unusable to Tenant shall be released from this lease and the rental payments adjusted accordingly. Pending approval of the underlying lease by the City Council of the City Of Sebastian, it is understood that Tenant shall have access to the leased premises `A' on December 1, 2008 for the purposes of configuration and `move -in' functions. It is anticipated that Tenant shall have access to leased premises `B' on January 1, 2009. It is understood that Tenant's start date for rent payments on the leased premises is January 1, 2009. Tenant agrees to `hold harmless' the City Of Sebastian for any/all claims, liability, and damages resulting from activities by Tenant during move -in. 3. TERM OF LEASE. The term of this Lease shall be for a period of fifteen (15) years commencing January 1, 2009, and will end on the fifteenth (150) anniversary of such date. The Tenant shall have the option to extend the lease for a period of five (5) years with agreement by the City Of Sebastian. Notice of intent to exercise said option by Tenant must be received by Landlord no later than six (6) months prior to the expiration of the underlying lease. 4. RENT. The parties agree that the rent, payable by the Tenant, during the term of this Lease shall be as follows: (a) Base rent for the leased premises shall be forty-four thousand four hundred dollars ($44,400.00). The parties recognize that the purchasing power of the United States dollar is evidenced by the United States Department of Labor, Bureau of Labor Statistics, Index of Consumer Prices. In January 2010, the Landlord will compare the most recent price index with the base price index for 2009, and the yearly rent amount shall be increased proportionally based upon changes in the price index, if appropriate, on February 1, 2010. Another such adjustment shall be undertaken for February 1, 2011, and every year thereafter until the expiration date of the lease, including the option period if applicable. (b) Time of the essence. The Tenant agrees promptly to perform, comply with and abide by this Lease, and agrees that timely payment is of the very nature and essence hereof. In the event that any rental payment due hereunder shall not be 2 259 of 435 paid within five days of when due, Tenant shall pay Landlord a late payment fee of 5% of the amount of such late Rental Payment. This charge shall be considered additional rent and not interest. (c) Default in rent. If any of said sums of money herein required to be paid by the 'Tenant to the Landlord shall remain unpaid ten (10) days after written demand by Landlord, then the Landlord shall have the options and privileges as follows: (1) Total acceleration. To accelerate the maturity of the rent installments for the balance of the term. This option shall be exercised by an instrument in writing signed by the Landlord, or its agents, and transmitted to the Tenant notifying him of the intention of the Landlord to declare all unmatured rent installments presently due and payable. (2) Partial acceleration. In lieu of the option in sub -paragraph (1) above, the Landlord may, in like manner, declare as presently due and payable the unpaid rent installments for such a period of years as may be fixed in the Landlord's said notice to the Tenant. The exercise of this option shall not be construed as a splitting of a cause of action, nor shall it alter or affect the obligations of the Tenant to pay rent under the terms of this Lease for the period unaffected by said notice. (3) Other remedies. In addition to the options granted above, the Landlord may exercise any and all other options available to it hereunder or under law, which options may be exercised concurrently or separately with the exercise of the above options. 1 Ioi~evcr i,lllurc by Tonttrrt fb payr lent in a (irrtely t!; xerhlizl of this A-reement as a result of conditiotis beyond its conarul ,,wAi as. I)a n 1i ited to. war; S16kc;s. 11rc,;, JloodS_ acis of Clod. ���tc.�nmcttt �l resirictiot�=;. }� 44ilures,, car damag3 2 or dest,_Uctlon rIf'a'4 !1_.ty:oTk- fa�:-llltics l- SGiti"CL'`;. Shall 11ot be� jceined a breach cif Liss. Agreenl�:nt. (d) Default in provisions. 11- the Tut�!!ll shall dcjault i« the perforinance of any other term of this Lease (except the payment of rent), the Landlord, or its agent or employee, shall send to the Tenant a written notice of default, specifying the nature of the default, and the Tenant shall, within thirty (30) days after the date of said 3 260 of 435 notice, cure and remedy said default, whereupon this Lease shall continue as before. If the Tenant shall fail to cure and remedy such default within said time, the Landlord shall have the right to declare, by written notice to the Tenant, that the Lease is in default, and to use all remedies available to the Landlord hereunder or under law, including, but not limited to, those remedies, procedures and rights specified in the other paragraphs of this Lease. (e) In addition to the rental amount, the Tenant shall pay Florida sales tax, if applicable. (f) The above rental for the leased premises shall be payable in advance, in quarterly installments, commencing on January 1, 2009. Rental payments for leased premises as described in Section 3 (above), Schedule "A," and Schedule "B" will then be due on a like day of every quarter thereafter during the term of this Lease. 5. IMPROVEMENTS TO THE PREMISES. The Landlord acknowledges that the Tenant is leasing the premises for the primary purpose of the operation of Tenant's manufacturing business. In order to utilize the leased premises for this purpose, it may be necessary to use improvements previously constructed upon the leased premises. Tenant acknowledges that these improvements are owned by Landlord. (a) The Tenant shall have the right to use the leased premises for any lawful purpose described in Section 6 hereof, and shall have the right to construct improvements upon the leased premises, provided any such improvements do not in any way curtail the use of the airport facilities in their usual operations and provided further that any such improvements are approved, in writing, by the Sebastian City Council prior to commencement of any construction. The Tenant covenants and agrees that all such construction shall be in accordance with the local and state codes, regulations and requirements as well as in accordance with all requirements of the Federal Aviation Administration (FAA) and the Florida Department of Transportation (FDOT). (b) The Tenant shall indemnify, defend and hold the Landlord harmless from any claims, losses, damages or liens arising out of the construction of any such improvements. 4 261 of 435 (c) All improvements and fixtures of every kind now or hereafter erected or placed on the leased premises shall, at the end of the term or earlier termination of this Lease, for any reason, be and become the property of the Landlord and shall be left in good condition and repair, ordinary wear and damage by the elements excepted. In order to confirm sole ownership in the Landlord, the Tenant shall, at Landlord's request, execute any and all documents of transfer which Landlord deems necessary to perfect title to said improvements. The Tenant agrees that all improvements shall, upon the termination of this Lease for any reason, be free and clear of all encumbrances, liens, and title defects of any kind. A fixture shall be defined as an article which was a chattel, but which, by being physically annexed or affixed to the realty by the Tenant and incapable of being removed without structural or functional damage to the realty, becomes a part and parcel of it. Non -fixture personalty owned by the Tenant at the expiration of the term or earlier termination of this Lease, for any reason, shall continue to be owned by Tenant and, at its option, may remove all such personalty, provided the Tenant is not then in default of any covenant or condition of this Lease, otherwise all such property shall remain on the leased premises until the damages suffered by the Landlord from any such default have been ascertained and compensated. Any damage to the leased premises caused by the removal by Tenant of any such personalty shall be repaired by Tenant forthwith at Tenant's expense. 6. USE OF LEASED PREMISES. The Tenant agrees that no use of the leased premises will be conducted in such a manner as to constitute a nuisance or a hazard and that, in connection with the use of the leased premises, the Tenant will observe and comply with all applicable laws, ordinances, orders and regulations prescribed by lawful authorities having jurisdiction over the leased premises. Tenant will abide by the Principal Guiding Documents for Sebastian Municipal Airport. Tenant agrees that the leased premises shall be used by the Tenant for the purpose of the operation of a manufacturing business. No other use may be conducted by the Tenant without the express written consent of the Landlord. Such consent may be withheld by the Landlord for any reason. All aeronautical businesses and activities must be certified 5 262 of 435 and licensed by appropriate agencies, including the FAA,' in the appropriate categories of their specific operation. 7. REPAIRS AND ALTERATIONS. The Landlord shall not be obligated to maintain or repair the leased premises or any improvements located thereon or any part thereof during the lease term or any renewal thereof. The Tenant agrees, at its sole cost and expense, to maintain all of the leased premises. The Tenant shall keep the leased premises in a good state of maintenance and repair and keep the leased premises in a clean and orderly condition in accordance with local ordinances, including but not limited to, the Sebastian Land Development Code and all other community standards ordinances. It is an express condition of this Lease that the leased premises are kept in an attractive manner at all times. Upon obtaining the prior written consent of the Landlord, which consent may be withheld for any reason, the Tenant, at its sole cost and expense, may erect such additional improvements on the leased premises as it deems appropriate and may make such alterations or major renovations to the existing improvements as it deems ar�,a „r. rate, provided, however, that such alterations or renovations shall not disturb the structural integrity of such existing improvements, and provided that the alterations or renovations shall comply with all applicable governmental regulations. The Tenant shall indemnify, defend and hold the Landlord harmless from any claims, losses, damages or liens arising out of or in any way connected with such additions or renovations. 8. UTILITIES. The Tenant shall be responsible for all costs of electricity, lights, water, sewer, heat, phone, internet, or any other utility or service consumed in connection with the leased premises. Relating to leased premises `A', utility charges shall be assessed to Tenant by Landlord on a prorated basis according to the Tenant square foot usage. Relating to leased premises `B', utility charges shall be charged by the appropriate agency to Tenant by separate meter. The Landlord shall have no liability for the failure to procure, or the interruption of, any such services or utilities. 9. SIGNS. The Tenant shall have the right to erect and maintain such sign or signs on the premises as may be permitted by applicable law; provided, however, the Landlord must approve any such signs in writing prior to erection. The Landlord may impose any reasonable restrictions as, in the sole discretion of the Landlord, are deemed necessary. 0 263 of 435 10. TAXES. The Tenant shall pay during the Lease term all ad valorem taxes, assessments or any other governmental charge levied or assessed against the leased premises (including the Tenant's leasehold by the appropriate governmental authorities), together with all ad valorem taxes assessment or other governmental charge levied against any stock of merchandise, furniture, furnishings, equipment and other property located in, or upon the leased premises. All shall be paid by the Tenant on a timely basis and receipts therefore shall be provided to the Landlord upon request. 11. LIABILITY INSURANCE. The Tenant shall provide and keep in force, at its own expense, during the term of this Lease, comprehensive public liability insurance coverage with respect to the leased premises and operations thereupon. The insurance coverage to be maintained by the Tenant shall contain limits of: (a) Bodily Injury and Property Damage - $1,000,000 Combined Single Limits (b) Products and Completed Operations Liability (if applicable) — $1,000,000 Combined Single Limit. (c) Aircraft Liability — $1,000,000 Bodily Injury and Property Damage Combined Single Limit. (d) Insurance in the full replacement value of all Personal Property, Equipment, and Trade Fixtures on the Leased Premises. (e) Ground and Hangar Keeper's Liability — adequate coverage for any single aircraft in storage or care and a limit covering the total value of those aircraft but not less than $100,000 for damage to any one (1) aircraft and $500,000 per each occurrence. (f) Chemical Liability Insurance (if applicable) — minimum of $400,000 Combined Single Limit. (g) For aircraft Fueling Operations — a Comprehensive Aircraft Liability policy indicating that the coverage includes owner's fueling/defueling operations with fueling equipment owned and/or operated by the Tenant. The minimum shall be $1,000,000 Combined Single Limit for Bodily Injury and Property Damage. (h) Automobile Liability Insurance: (1) Each service provider operating one or more motor vehicles on the City's premises in the performance of their work shall purchase and maintain Automobile Liability Insurance with policy limits of not less than $300,000 Combined Single Limit. (2) Service Providers having unescorted access to the AOA at the Sebastian Municipal Airport shall purchase and maintain Automobile Liability Insurance with policy limits of not less than $1,000,000 Combined Single Limit. (i) Builder's Risk — during any construction on a leased site, the service provider shall furnish Builder's Risk Insurance insuring the contract price, with the City listed as the named insured. Any deductibles under the builder's risk policy shall be the responsibility of the service provider. 264 of 435 0) Workers' Compensation Insurance: as required by Florida Statutes. Tenant agrees that, should there be an expansion of the use or occupancy beyond the primary use set forth herein, Landlord may alter the minimum amounts stated in the preceding sentence during the term of this Lease by resolution of the City Of Sebastian City Council. Landlord will give written notice of any such change to Tenant, and such changes will take effect immediately. Any policy or policies of insurance required pursuant to this Lease shall be issued by one or more insurance companies authorized to engage in business in the State of Florida. The Tenant shall supply the Landlord with a certificate of such insurance with evidence of the payment of the premium thereon. All policies described in this Paragraph shall contain a clause preventing cancellation of any coverage before thirty (30) days written notice to the Landlord and shall name the Landlord as an additional insured. Upon the request of the Landlord, the Tenant shall provide copies of said policies to the Landlord. 12. PROPERTY, FIRE AND EXTENDED COVERAGE INSURANCE. The Tenant shall, at its sole cost and expense, procure and keep in effect such standard policies of property casualty, fire and extended coverage insurance as the Landlord deems necessary and appropriate. Upon request, the Tenant shall provide to the Landlord a certificate of such insurance with evidence of the payment of the premium therefore. The Landlord shall have no obligation to keep the leased premises contents insured nor shall the Landlord have any obligation to insure any personal property used in connection with the leased premises. Any policy or policies of insurance required pursuant to this Lease shall be issued by one or more insurance companies authorized to engage in business in the State of Florida. All policies described in this Paragraph shall contain a clause preventing cancellation of any coverage before thirty (30) days written notice to the Landlord and shall name the Landlord as an additional insured. Upon the request of the Landlord, the Tenant shall provide copies of said policies to the Landlord. In the event that the Tenant's use and occupancy of the premises causes any increase in the premium for any property casualty or fire insurance maintained by Landlord on the Leased Premises or any portion thereof, Tenant shall reimburse Landlord for the amount of said increase within thirty days of notice of the same. 8 265 of 435 13. DAMAGE OR DESTRUCTION OF IMPROVEMENTS BY FIRE OR OTHER CASUALTY. In the event the leased premises are destroyed or damaged by fire or other casualty, the Tenant, at its option, agrees that it will cause said premises and/or other improvements to be replaced or said damage to be repaired as rapidly as practicable. The Landlord may abate the Tenant's rent for the period of time more than 80% of the principal building, if any, is unusable. In the event the Tenant elects to repair and/or replace the leased premises, the Landlord shall have no claims against any insurance proceeds paid to the Tenant on account of such damage and/or destruction nor shall the Landlord have any responsibility or obligation to make any expenditures toward the repair and/or replacement of the building and other improvements on the leased premises. (a) If the Tenant, under its option, elects not to repair the leased premises, either party may choose to cancel the Lease; if either party elects to cancel the Lease, the Landlord shall be entitled to that portion of the insurance proceeds paid as a result of such damage and/or destruction to the building and other improvements on the leased premises, the Tenant shall be entitled to the remainder, if any, of the insurance proceeds. (b) In the event the Tenant, under its option, elects not to repair and/or replace the leased premises, the Tenant shall, at its sole expense, remove all remaining portions of the leased premises. 14. INDEMNIFICATION. The Tenant agrees hereby to defend, indemnify and save the Landlord harmless from any and all actions, demands, liabilities, claims, losses or litigation arising out of or connected with the Tenant's occupancy or use of the leased premises and the use of the leased premises by tenant's agents, employees, and invitees, including all attorney's fees incurred by the Landlord in defending any such claims. This Paragraph shall survive the termination or cancellation of the Lease. 15. ENVIRONMENTAL MATTERS. The Tenant hereby agrees to indemnify, defend and hold the Landlord harmless from and against any and all claims, lawsuits, losses, liabilities, damages, and expenses (including, without limitation, clean-up costs and reasonable attorney's fees) resulting directly or indirectly from, out of or by reason of any hazardous or toxic materials, substances, pollutants, contaminants, 0 266 of 435 petroleum products, hydrocarbons or wastes being located on the property and being caused by the Tenant, sub -Tenants, agents, assigns, or users of leased premises or fuel farm. The presence of said substance or materials on the leased premises, or fuel farm, shall raise the presumption that Tenant is the cause of such presence. This Paragraph shall survive the termination, or cancellation, of the Lease. 16. PREVENTION OF USE OF THE PREMISES. If, after the effective date of this Lease, the Tenant is precluded or prevented from using the -leased premises for those primary purposes identified in Section 6 of this Lease, by reason of any zoning law, ordinance or regulation of any authority having jurisdiction over the leased premises and such prohibition shall continue for a period in excess of ninety (90) consecutive days, the Landlord may allow the Tenant to terminate this Lease. The right to terminate this Lease must be granted by the Landlord, in writing, before the Tenant shall be released from its obligations under the terms of this Lease. 17. LANDING FEES. Landing or any other type of use of runway fees being charged by Tenant are specifically prohibited by this Agreement, so long as all other tenants of the property owned by the Landlord located at the Airport are prohibited from charging any such fees, as the use of the Airport is for the general public. Nothing in this Lease shall act to prohibit the Landlord from charging such fees as it deems necessary or desirous. 18. GOVERNMENT SEIZURE. In the event the United States Government, or any agency or subdivision thereof, at any time during the term of this Lease takes over the operation or use of the airfield and/or Airport which results in the Tenant being unable to operate under the terms of the Lease, then the Lease may be extended upon mutual agreement of the Tenant and the Landlord for an additional period equal to the time the Tenant has been deprived of the value of this Lease. If the duration of the seizure exceeds ninety (90) consecutive days, the Landlord, at the Landlord's sole discretion, may terminate this Lease. 19. EMINENT DOMAIN. If all or any part of the leased premises shall be taken under a power of eminent domain, the compensation or proceeds awarded for the taking of the leased premises shall belong to the Landlord. If the taking is to such an extent that it is impracticable for the Tenant to continue the operation of its business on 10 267 of 435 the leased premises, the Lease, at the option of the Landlord, may be terminated. Nothing herein shall prevent the Landlord and/or the Tenant from seeking any and all damages sustained from the condemning authority by reason of the exercise of the power of eminent domain. 20. DEFAULT BY TENANT. As used in this Lease, the term, "event of default", shall mean any of the following: (a) The failure of the Tenant to fulfill any duty or obligation imposed on the Tenant by the Lease; (b) The appointment of a receiver or the entry of an order declaring the Tenant bankrupt or the assignment by the Tenant for the benefit of creditors or the participation by the Tenant in any other insolvency proceeding; (c) The Tenant's failure to pay any consideration, to the Landlord, required by this Lease; (d) The taking of the leasehold interest of the Tenant hereunder pursuant to an execution on a judgment; (e) The Tenant's abandonment of any substantial portion of the leased premises. "Abandonment" shall be determined by the Landlord; (f) The Tenant or any guarantor of Tenant's obligations hereunder, filing a petition for bankruptcy or being adjudged bankrupt, insolvent, under any applicable federal or state bankruptcy or insolvency law, or admit that it cannot meet its financial obligations as they become due, or a receiver or trustee shall be appointed for all or substantially all of the assets of Tenant or any Tenant's obligations hereunder; (g) The Tenant or any guarantor of the Tenant's obligations hereunder shall make a transfer in fraud of creditors or shall make an assignment for the benefit of creditors; (h) The Tenant shall do or permit to be done any act which results in a lien being filed against the leased premises or the property which is not released of record within thirty (30) days of the date it is initially recorded in the Public Records of Indian River County. Each party covenants and agrees that it has no power to incur any indebtedness giving a right to a lien of any kind or character upon the right, title 268 of 435 and interest of the other party in and to the property covered by this Lease, and that no third person shall ever be entitled to any lien, directly or indirectly, derived through or under the other party, or its agents or servants, or on account of any act of omission of said other party. All persons contracting with the Tenant or furnishing materials or labor to said Tenant, or to its agents or servants, as well as all persons whomsoever, shall be bound by this provision of this Lease. Should any such lien be filed, the Tenant shall discharge the same by payment or by filing a bond, or otherwise, as permitted by law. The Tenant shall not be deemed to be the agent of the Landlord so as to confer upon a laborer bestowing labor upon the leased premises a mechanic's lien upon the Landlord's estate under the provisions of the Florida Statutes, or any subsequent revisions thereof, (i) The liquidation, termination, death or dissolution of the Tenant or all Guarantors of the Tenant's obligations hereunder; 6) The Tenant fails for more than one hundred twenty (120) consecutive days to continuously conduct and carry on in good faith the type of business for which the leased premises are leased; (k) The Tenant shall be in default of any other term, provision or covenant of this Lease, other than those specified in subparts a through j above. Upon the happening of any "event of default", the Landlord may, at its option, terminate this Lease and expel the Tenant therefrom without ureiudice to any other remedy; provided, however, that before the exercise of such option for failure to pay rent or failure to perform any condition imposed herein upon the Tenant, the Landlord shall give written notice of such event of default to the Tenant, which thereafter shall have thirty (30) days from the date notice is sent by the Landlord within which to remedy or correct such default, unless such default is the failure to pay rent, in which case the Tenant shall have ten (10) days from the date notice is sent by the Landlord within which to remedy such default by paying all rent due. 21. IDENTITY OF INTEREST. The execution of this Lease or the performance of any act pursuant to the provisions hereof shall not be deemed or construed to have the effect of creating between the Landlord and the Tenant the 12 269 of 435 relationship of principal and agent or of a partnership or of a joint venture and the relationship between them shall be and remain only that of landlord and tenant. 22. NOTICES AND REPORTS. Any notice, report, statement, approval, consent, designation, demand or request to be given, and any option or election to be exercised by a party under the provisions of this Lease, shall be effective only when made in writing and delivered (or mailed by registered or certified mail with postage prepaid) to the other party at the address given below: Landlord: City of Sebastian Attn: City Manager 1225 Main Street Sebastian, FL 32958 Tenant: LoPresti Speed Merchants, Inc. 202 Airport Drive East Sebastian, FL 32958 Attn: Curtis LoPresti provided, however, that either party may designate a different representative or address from time to time by giving to the other party notice in writing of the change. Rental payments to the Landlord shall be made by the Tenant at an address to be furnished to the Tenant. 23. RIGHT TO INSPECT. The Landlord may enter the leased premises upon reasonable notice: (a) To inspect or protect the leased premises or any improvement to a property location thereon; (b) To determine whether the Tenant is complying with the applicable laws, orders or regulations of any lawful authority having jurisdiction over the leased premises or any business conducted therein; or (c) To exhibit the leased premises to any prospective purchaser or tenant during the final sixty (60) days of the lease term, or at any time after either party has notified the other that the Lease will be terminated for any reason. 13 270 of 435 No authorized entry by the Landlord shall constitute an eviction of the Tenant or a deprivation of its rights or alter the obligation of the Landlord or create any right in the Landlord adverse to the interest of the Tenant hereunder. 24. REMOVAL OF TRADE FIXTURES, SIGNS AND PERSONAL PROPERTY. At the expiration of the Lease, the Tenant agrees to immediately surrender possession of the premises and all facilities thereon. Tenant shall have the right to remove all personal property owned by the Tenant provided any damages in removal are repaired by the Tenant at Tenant's sole cost. Any personal property not removed within thirty (30) days shall be presumed abandoned. The cost of removing any such abandoned property that the City deems unusable shall be indemnified to Landlord by Tenant. 25. HEIGHTMAZARD RESTRICTIONS. The Tenant expressly agrees for itself, its successors and assigns, to restrict the height of structures and other obstructions on the leased premises to such a height so as to comply with all Federal Aviation Regulations, State laws and local ordinances, rules and regulations now existing and hereinafter promulgated. The Tenant expressly agrees for itself, its successors and. assigns, to prevent any use of the leased premises which would interfere with or adversely affect the operation or maintenance of the Airport or otherwise constitute an airport hazard. The Tenant covenants and acknowledges that the use of the leased premises as proposed by the Tenant does not interfere with or adversely affect the operation or maintenance of the Airport or otherwise constitute an Airport hazard. The Landlord reserves unto itself, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the leased premises, together with the right to cause in such airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used, for navigation or flight in the airspace, and for use of said airspace for landing on, taking off from, or operating on the Airport. 26. NONDISCRIMINATION. The Tenant for itself, its personal representatives, successors in interest and assigns, as part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that (i) no person on the grounds of religion, gender, marital status, race, color, age, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subject to 14 271 of 435 discrimination in the use of the Tenant's facilities; (ii) that in the construction of any improvements on, over or under the leased premises and the furnishing of services thereon, no person on the grounds of religion, gender, marital status, race, color, age, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; (iii) that the Tenant shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964. In the event of the breach of any of the above non- discrimination covenants, the Landlord shall promptly notify the Tenant, in writing, of such breach and the Tenant shall immediately commence curative action. Such action by the Tenant shall be diligently pursued to its conclusion, and if the Tenant shall then fail to commence or diligently pursue action to cure said breach, the Landlord shall then have the right to terminate this Lease and to re-enter and repossess said land and improvements thereon. 27. ENTIRE AGREEMENT. This Lease contains all of the understandings by and between the parties hereto relative to the leasing of the premises herein described, and all prior agreements relative thereto have been merged herein or are voided by this instrument, which may be amended, modified, altered, changed, revoked or rescinded in whole or in part only by an instrument in writing signed by each of the parties hereto. 28. ASSIGNMENT AND SUBLETTING. The Tenant shall not assign this Lease or sublet the leased premises or any portion thereof, or otherwise transfer any right or interest hereunder without the prior written consent of the Landlord. If the Landlord consents, in writing, to the assignment, subletting or other transfer of any right or interest hereunder by the Tenant, such approval shall be limited to the particular instance specified in the written consent and the Tenant shall not be relieved of any duty, obligation or liability under the provisions of its Lease. 29. BINDING EFFECT. The terms and provisions of this Lease shall be binding on the parties hereto and their respective heirs, successors, assigns and personal representatives, and the terms of any Addendum attached hereto are incorporated herein. 15 272 of 435 30. APPLICABLE LAWNENUE. In the event of litigation arising out of this writing, venue shall be in Indian River County, Florida and the terms of this Lease shall be construed and enforced according to the laws of the State of Florida except to the extent provided by Federal law. THE PARTIES HEREBY WAIVE THE RIGHT OF TRIAL BY JURY OF ANY ISSUES SO TRIABLE. 31. ATTORNEYS FEES. In any action arising out of the enforcement of this writing, the prevailing party shall be entitled to an award of reasonable attorneys fees and costs, both at trial and all appellate levels, based upon the prevailing rates of private attorneys in Indian River County, Florida. 32. RECORDING. In no event shall the Lease or a copy thereof be recorded in the Public Records of Indian River County, Florida. 33. MISCELLANEOUS. The Landlord shall have the option, without waiving or impairing any of its rights hereunder, to pay any sum or perform any act required of the Tenant, and the amount of any such payment and the value of any such performance, together with interest thereon, shall be secured by this Lease, and shall be promptly due and payable to the Landlord. All delinquent payments to the Landlord shall bear interest at the rate of 18% per year from date the payments are due to the date of payment. Said interest shall be calculated on a daily basis and shall be due and payable when billed. In the event of the Tenant's breach of any of the provisions of this Lease, the Landlord shall thereupon have a lien upon all revenues, income, rents, earnings and profits from the leased premises as additional security to the Landlord for the Tenant's faithful performance of each of the terms and provisions hereof, and to secure payment of all sums owing to the Landlord hereunder. Such liens shall be superior in dignity to the rights of the Tenant and any of its creditors or assignees or any trustee or receiver appointed for the Tenant's property, or any other person claiming under the Tenant. Upon the Landlord's termination of the Tenant's rights under this Lease by reason of the Tenant's default, all such revenues, income, rents, earnings and profits derived or accruing from the leased premises from the date of such termination by the Landlord shall constitute the property of the Landlord, and the same is hereby declared to be a trust fund for the exclusive benefit of the Landlord and shall not constitute any asset of the 16 273 of 435 0 Tenant or any trustee or receiver appointed for the Tenant's property. The provisions of this paragraph shall be effective without the Landlord's re-entry upon the leased premises or repossession thereof, and without any judicial determination that the Tenant's interest under said lease has been terminated. The Tenant acknowledges that the Landlord is required by law to operate under an Airport Master Plan and the Tenant covenants that he will use the leased premises consistent with the Airport Master Plan. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ATTEST: CITY F SE ASTIAN A M 'ci oration Sally Maio, C' Clerk 1 er, City Manager Approved as to Form and Legality for Reliance by the City of Sebastian only: I Rich Stringer, C �ttomey LoPi By: Curtis LoPresti, President 17 Corporate Seal: 274 of 435 • • Schedule "A" Lease Agreement between the City Of Sebastian and LoPresti Speed Merchants, Inc. Leased premises shall include a `wing' at the Sebastian Municipal Airport Administration Building currently known as the "Public Works Wing." This space is approximately 1700 square feet, more or less. 2. A 10' X 10' office adjoining the lobby area of the administration building is included. Total leased space is 1800 square feet. 2. Premises are fiunished, as is. Prior to occupancy, the Landlord and Tenant will exchange an inventory of the furnishings that will include the condition of said furnishings. 3. Utility charges shall be prorated according to square foot usage. 4. Common Area Maintenance (CAM) shall be at no charge to the Tenant. 5. Lobby/reception area shall be considered a common/shared space with other building tenants. 6. Tenant shall have priority use of a locked Conference Room/Library adjacent to the lobby of the administration building with appropriate notice to the Landlord. 275 of 435 C7 • Schedule `B" Lease Agreement between the City Of Sebastian and LoPresti Speed Merchants, Inc. Concerning Hanger Operations 1. The City Of Sebastian shall lease to LoPresti Speed Merchants, Inc. a 15,000 square foot hanger located at the Sebastian Municipal Airport, adjacent to the Airport Administration Building. It is understood that the hanger facility shall be used in conjunction with the manufacturing operations of LoPresti Aviation interests. The City Of Sebastian retains ownership of the hanger facility throughout the term of the lease. 2. The lease rate shall be at a rate as describe in section 4 of the lease agreement. 3. It is understood that LoPresti will provide adequate insurance on all aspects relating to its manufacturing/hanger operations. In addition, LoPresti will provide adequate liability and property damage insurance coverage on the city -owned hanger facility. LoPresti Speed Merchants, Inc. will hold harmless the City Of Sebastian of any claim or liability relating to LoPresti's hanger operation. 276 of 435 0 • MY OF ;.Q HOME OF PELICAN ISLAND OFFICE OF THIE CITY ATTORNEY 1225 MAIN STREET SEBASTIAN, FLORIDA 32958 John E. Moore, III, Esq. 5070 Highway AIA Vero Beach, FL 32963 Re: LoPresti Airport Lease Dear John: TELEPHONE (772) 388-8201 FAX (772) 388-4420 March 28, 2009 I can appreciate the concerns you have raised as to certain terms within the Airport Lease between your client and the City. While there could indeed be draconian results from literal interpretations of some of this language, I believe the intent was actually quite innocuous. Paragraph 2, which refers to release of leased land needed for "actual improvements to the Airport", is related to infrastructure for the functional operations of the facility. Since your client is leasing finished space within structures, it is difficult to imagine a scenario where this will come into play. Along a similar line, the eminent domain provision of Paragraph.19 has little practical effect. First of all, I am not certain that an agency can condemn itself out of its own contract without a "bad faith" claim and, since the LoPresti lease is already classified as an "aviation use", I believe it would require an actual infrastructure improvement related to operations to he considered a higher public necessity justifying the use of eminent domain. This provision would appear to only have effect if another agency tried to exercise eminent domain over airport property and since only the federal government would have this authority, they would act under the express authority of the reserved interest clause of their original deed to the City. In fact, the reserved right of the federal government to reclaim the airport is at the heart of Paragraph 18. Most public airports in the country were originally World War I1 facilities that were deeded over to local governments following the end of hostilities. Virtually all of them have a reverter that allows the federal government to seize the facility if needed in time of national emergency (which the feds had an inherent right to do anyway), 277 of 435 The provision that I understand to be of greatest concern, however, is Paragraph 16. It would appear that the City could rezone the property to a use incompatible with that of your client, and then cancel the lease. There are a number of subsumed factors that mitigate this harsh result. The provision is a standard clause of our leases that is tailored towards non -aviation uses. Otherwise, as discussed previously, this provision would seem to generally apply to the exercise of authority by another agency. Foremost, the FAA considers your client's operations to be an aviation use and, under the terms of our deed and the regulations of the FAA, the City would never be allowed to rezone/regulate the property in a way that would make it incompatible. In addition, in several instances, we have used the term `may' with regard to the City's potential ability to terminate the lease in those circumstances in which a fundamental failure of the lease agreement would exist, such as following condemnation. It is our view that the term `may' is permissive in that the use of the term confirms that City officials have, by virtue of Council approval of the form of lease, received approval to terminate the lease in the event of a fundamental failure. I hope this alleviates the concerns about these standard provisions. Since LoPresti is considered by the FAA to be an aviation use, it is largely an academic exercise. Let me know if there are any remaining issues in the execution of the agreement package. Respectfully, Rich Stringer City Attorney 278 of 435 EXTENSION AND AMENDMENT OF LEASE BETWEEN CITY OF SEBASTIAN AND WHELEN AEROSPACE TECHNOLOGIES THIS AMENDMENT AND EXTENSION OF LEASE is made this day of December 2023, by and between, the City of Sebastian, Florida, a municipal corporation of the State of Florida; (hereinafter referred to as City) and Whelen Aerospace Technologies, a Florida Corporation; (hereinafter referred to as Whelen) and each represents as follows: WITNESSETH WHEREAS, the City and LoPresti Aviation previously executed an indenture of Lease dated April 2, 2008, hereinafter referred to as "Original Lease", wherein the City leased unto LoPresti Aviation certain real property located at Sebastian Municipal Airport, such real property hereinafter referred to as the "Leased Premises."; and WHEREAS, Whelen Aerospace Technologies purchased LoPresti Aviation in February, 2019, and assumed the lease rights and obligations with respect to the Leased Premises; and WHEREAS, Whelen wishes to extend that Original Lease and City wishes to allow for same. NOW THEREFORE, In consideration of Ten Dollars ($10.00) and other good and valuable consideration exchanged and received between the parties, the receipt and sufficiency of which is hereby acknowledged, the undersigned jointly and severally for themselves, successors and assigns, do hereby declare, covenant and agree as follows: 1. Term: The term of the Original Lease for the Leased Premises, dated April 2, 2008, is hereby extended to expire on January 1, 2029. The Tenant shall have the option to extend the lease for an additional five (5) years with agreement by the City of Sebastian. Notice of intent to exercise said option by Tenant must be received by Landlord no later than six (6) months prior to the expiration of this lease extension. 2. Conditions: It is understood that all terms, conditions, covenants and restrictions of the original lease, and its seven amendments, are still in effect and will continue throughout the length of this extension. 3. Rent: The monthly lease payment due under this extension will be in the amount of $7,456.17, plus sales tax and all additional assessments, taxes and all applicable fees, including those currently in place and any which may be imposed in the future, including but not limited to stormwater fees and the like. The monthly rent payable by Lessee to the Lessor for its use of the leased premises shall continue at the current rate until increased by the CPI at the designated intervals in the original lease. The next CPI increase will be due March 1, 2024. All payments are to be made at the office of the Finance Director, City of Sebastian, 1225 Main Street. In the event that any rental payment due hereunder shall not be paid within five days of when due, Whelen will pay the City a late fee of 5% of the amount due. A separate late fee shall be charged for every month that Lessee's monthly payment is past due. Receipt of late fee is not a 279 of 435 waiver of the default, but is additional costs incurred by the Lessor for the Lessee's failure to perform. 4. Attornep Fees. Venue. Jury Trial: Venue of all actions shall lie in Indian River County, Florida. Each party waives the right to a jury trial. Each party agrees that the prevailing party shall be entitled to reimbursement of reasonable attorney fees, including court costs, from the opposing party. For the purpose of this agreement, reasonable Attorney fees of the City Attorney shall be based on the fees regularly charged by a private Attorney with an equivalent number of years of professional experience who practice in Indian River County, Florida. 5. General Provisions: No change or modification of this Agreement shall be valid unless the same is in writing and signed by the parties. This Agreement represents the entire agreement between the parties hereto with respect to the subject matter hereof, and, it shall serve as a mutual agreement in writing by them to terminate any pre-existing agreement entered into by them with respect to the same subject matter, such termination to be effective immediately upon the execution by them of this Agreement. This Agreement may be executed in multiple counterparts, each of which shall be an original, but all of which shall be deemed to constitute an instrument. Whenever the context shall require, all words herein in the masculine gender shall be deemed to include the feminine or neuter gender, all singular words shall include the plural, and all plural words shall include the singular. The parties acknowledge and agree that each party has reviewed this Agreement and that any rule of construction resolving ambiguities against the drafting party shall not be employed in the interpretation of this Agreement or any amendment, exhibit or schedule hereto. Any party may, at its discretion, waive in writing any or all of the conditions herein contained to which its obligations hereunder are subject provided that neither failure nor delay on the part of a party to exercise any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any singular or partial exercise of any right, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, power or privilege. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly provided. No course of dealing between the parties shall be effective to change, modify or discharge any provision of this Agreement or to constitute a waiver of any default. If any provision of this Agreement shall be determined by a court of competent jurisdiction to be invalid, illegal or unenforceable, such determination shall not affect or impair the validity, legality, or enforceability of the remaining provisions contained herein. 2 280 of 435 Whenever any notice is required by this Agreement to be made, given or transmitted to the parties, such notice shall be served by Certified or Registered Mail with return receipt requested, addressed to: CITY: SEBASTIAN MUNICIPAL AIRPORT AIRPORT MANAGER 202 AIRPORT DRIVE EAST SEBASTIAN, FL 32958 LESSEE: WHELEN AEROSPACE TECHNOLOGIES 210 AIRPORT DRIVE EAST SEBASTIAN, FL 32958 6. Other Provisions: All other provisions of the original lease agreement dated April 2, 2008 not in conflict with amendment shall remain in full force and effect. Except as hereby amended, the Original Lease shall remain in full effect and binding on the City and Whelen. Specifically, all other terms and clauses of the existing lease shall remain the same and will continue to be in force as to the Leased Premises, as expanded by this Addendum. 7. The effective date of this Addendum shall be January 1, 2024. IN WITNESS WHEREOF, the parties have executed this agreement at Sebastian, Florida on this day of December, 2023. ATTEST: City Clerk: Approved as to form and legality: City Attorney CITY OF SEBASTIAN, FLORIDA By; Mayor, City of Sebastian 281 of 435 LESSEE Whelen Aerospace Technologies, Inc. By: As: ATTEST: Witness: Witness: State of: County of: The foregoing instrument was acknowledged before me on this day of 2023, by as the of Whelen Aerospace Technologies, Inc., either in person or via electronic means . He/She is personally known to me, or has produced his/her driver's license, or his/her as identification, and did or did not take an oath. NOTARY SEAL: NOTARY PUBLIC, STATE OF FLORIDA MY COMMISION EXPIRES ON: 4 282 of 435 an 0 SE TIAI� HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: December 13, 2023 Aeenda Item Title: Approve amendment to Sebastian Stormwater Park Cooperative Agreement to incorporate SJRWMD's annexation of 0.82 acre parcel Recommendation: Staff requests that City Council provides approval for City Staff to execute the necessary documents for the amendment of the Sebastian Stormwater Park cooperative agreement per St. John River Water Management's request Backeround: The City of Sebastian entered into a cooperative agreement regarding the Sebastian Stormwater Park, also known as the Sebastian Stormwater Treatment Facility, with St, John's River Water Management District (SJRWMD) in January of 2004. This facility was designed in conjunction with SJRWMD to treat stormwater runoff and increase water quality using a system of pumps, weirs, and natural wetlands. The land is owned by SJRWMD, however Sebastian has a management agreement in order to utilize the land for water treatment purposes. SJRWMD has annexed a 0.82 acre parcel known as the Appelbaum property that is an in -holding, or private property completely surrounded by a protected area. SJRWMD is asking the City to accept the incorporation of this 0.82 parcel into the definition of property within our cooperative agreement, as well as incorporate this parcel into our land management plan, At this point in time City Staff is asking for approval to execute the necessary documents to incorporate the inholding only, Any deed restriction removal or release of reservations as well as zoning changes would come to City Council for approval at a future date. If Aeenda Item Reuuires Exnenditure of Funds: Budgeted Amount: $0 Total Cost: $0 Funding: Not applicable Attachments: 1. From St. John's River Water Management District 2. Existing Sebastian Stormwater Park Cooperative Agreement 3. Sebastian Highlands 11 Plat Book 7 Page 86 and 363 2009 Stormwater Park Land Management Plan Administrative Services Dep nt Review:' l l City Attorney Review: Procurement Division Review, if'applicable: City Manager Authorization: t Date: �� iA ] 283 of 435 "NSR'`�� St. Johns River Water Management District ��RryaGEMt Michael A. Register, P.E., Executive Director 4049 Reid Street - P.O. Box 1429 - Palatka, FL 32178.1429 • 386-329-4500 - www.sirwmd.com July 28, 2023 Brian Benton, Interim City Manager City of Sebastian 1225 Main Street Sebastian, Florida 32958 Re: Sebastian Stormwater Park Cooperative Agreement (LA: 86) Annexing IRC Parcel Id: 31-38-25-00001-3890-00001.0 (1.RS: 2022-009-P I ) Dear Mr. Benton: On June 14, 2023, the St. Johns River Water Management District (SJRWMD) acquired the fee simple interest of a 0.82-acre out parcel within the Sebastian Stormwater Park boundaries (the Parcel). In accordance with paragraph 2 of the Cooperative Agreement dated January 20, 2004 (Agreement), the SJRWMD is requesting this Parcel be incorporated into the definition of Property, and managed in accordance with the approved Land Managcnient Plan for the Sebastian Storm"ver Park. Please acknowledge the City's acceptance of the incorporation of the Parcel into the definition of Property under the Agreement and the Parcel's incorporation into the Land Management Plan for the Sebastian Stormwater Park by signing in the space provided below and returning a copy to the SJRWMD's Real Estate Services Program at realestateservicesr&sirwmd.com. The District is also requesting the Parcel be released from the deed restrictions contained in that certain Declaration of Covenants, Conditions, Restrictions and Easements of Sebastian I lig,hlands Unit 11, dated September 15. 1964. and recorded January 25, 1965, in Official Records Book 222, Page 1, and from the restrictions, conditions, reservations, easements and other matters contained oil the Plat of Sebastian I lighlands Unit 11. as recorded in Plat Book 7. Page 56, of the Public Records of Indian River County, Florida. Please provide a copy of the recorded Release of Reservations, upon the C'ity's approval, Thank you in advance for your assistance in this matter. You nlay contact me directly at 386- 312-2342 or stheusna.sirwmd.com il-you have any questions. Sincerely.. Mi hael A. Register, P.E. Executive Director GOVERNING BOARD Rob Bradley, CHAIR Maryam H. Ghyabi-White, V1cE cKw J. Chris Peterson, SECREIARY Ron Howse, TREASURER FL EMNr, ISLAND ORMMD BEACH WINIER PARK COCOA Ryan Atwood Doug Boumique Douglas Burnett Cole Oliver Janet Price MOUNT DORA VERO BEACH ST AUGUSiNE MERRITT ISLAND FERNANDNABEACH 284 of 435 Brian Benton, Interim City Manager City of Sebastian July 28, 2023 Page 2 Annexing of IRC Parcel Id: 31-38-25-00001-3890-00001.0 (LRS: 2022-009-P1) into Sebastian Stormwater Park Cooperative Agreement (LA: 86) and incorporating said Parcel into the approved Land Management Plan for the Sebastian Stormwater Park ACKNOWLEDGED AND ACCEPTED BY: City of Sebastian Brian Benton, Interim City Manager Date: 285 of 435 ""SR'`�� St. Johns River Water Management District Q90-Michael A. Register, P.E., Executive Director 4049 Reid Street • P.O. Box 1429 • Palatka, FL 32178-1429 • 386-329-4500 • www,sjrwmd.com INTEROFFICE MEMORANDUM Real Estate Services Request for Signature Date: July 28, 2023 To: Mike Register, P.E. Executive Director 114V Through: Mary Ellen Winkler, J.D. �t� Assistant Executive Director. k_ From: Sheila Theus, Director Real Estate Services Program Subject: Letter Agreement annexing Appelbaum parcel into the Cooperative Agreement with the City of Sebastian for the management of the Sebastian Stormwater Park Request: Approve and execute the attached letter to the City of Sebastian requesting confirmation and acceptance of the Appelbaum parcel into the Cooperative Agreement for the management of the Sebastian Stormwater Park. Background: In December 2022, the Governing Board approved the acquisition of the Appelbaum parcel, in part, to resolve pending litigation in Richard Appelbaum v. St. Johns River Water Management District (District). Mr. Appelbaum owned approximately 0.82 acres of property that is adjacent to the Sebastian Stormwater Park (Park). The Park is located on approximately 145 acres of District property and is managed by the City of Sebastian (City) pursuant to a Cooperative Agreement (Agreement). On May 6, 2022, Mr. Appelbaum filed a complaint for inverse condemnation against the District in Indian River County Circuit Court. The District and Mr. Appelbaum negotiated a settlement and release of all claims that included the District's acquisition of the 0.82-acre parcel. The real estate transaction closed on June 14, 2023. Discussion: District staff has requested the 0.82-acre parcel be incorporated into the Agreement for the management of the Park Paragraph 2 of the Agreement allows parcels located in proximity to the Park that are acquired by the City or the District to be automatically incorporated into the definition of "Property" under the Agreement upon the written request for such addition by either party and confirmed and accepted in writing by the other. GOVERNING BOARD Rob Bradley, CMR Maryarn H. Ghyabi-White. mF cHAR J. Chris Peterson, SECRETARY Ron Howse, TREASURER FLE&WG ISLAND ORMONO BEACH M4 NTER PARK COCOA Ryan Atwood Doug Baumique Douglas Burnett Cole Oliver Janet Price MOUNT DORA VERO eEACH ST AUGUSTINE MERRTTT ISLAND FERNANDINABEAGH 286 of 435 COOPERATIVE AGREEMENT SEBASTIAN STORMWATER PARK (145.13 acres) THIS MANAGE ENT AGREEMENT is made and entered into this Z0 day of �, 200t, between the Governing Board of the St. Johns River Water anagement astrict, hereinafter called the DISTRICT and the City of Sebastian, hereinafter called the CITY. WITNESSETH WHEREAS, the DISTRICT holds title to certain lands, formerly known as the Adams I parcel, which shall be utilized pursuant to this Agreement to construct the stormwater park (hereinafter called the PARK) in the City of Sebastian and 2 miles west of the Indian River Lagoon Indian River County, as is more specifically described in Exhibit "A" attached hereto and by this reference made a part hereof; and WHEREAS, the CITY and DISTRICT wish to address water quality concerns for the Indian River Lagoon and Sebastian River; and WHEREAS, the PARK has the potential to provide multiple opportunities for stormwater, Florida scrub -jay habitat and resource -based public recreation activities if properly managed; and WHEREAS, the CITY possesses the personnel, ability, interest and willingness to assist the District in management of the PARK; and WHEREAS, the DISTRICT and the CITY desire to enter into a cooperative management agreement to set forth the terms and conditions for management of the PARK. NOW, THEREFORE, the parties hereto, for and in consideration of the premises, which are hereby made a part of this Agreement, and the mutual covenants, terms and conditions hereinafter contained, hereby covenant and agree as follows: 1. The initial term of this Agreement is for a period of five (5) years, commencing on , 200�, and ending on , 2001 Thereafter, this Agreement will be automatically renewed in five -gar increments, unless terminated as otherwise set forth herein. 2. As parcels located in proximity to the PROPERTY are acquired by the DISTRICT or the CITY, each individual parcel may be automatically incorporated into the definition of the PROPERTY herein, subject only to written request for such addition being made by either party and confirmed and accepted in writing by the other. 3. A Land Management Plan (the "Plan') for the property shall be written by the CITY and approved by the DISTRICT within one year after the effective date of this Agreement. The Plan will include a component for the development of resource - based recreational opportunities and a maintenance/control plan for invasive exotic 288 of 435 species. The Plan shall be updated every five years. Amendments to the Plan may b. Provide signs establishing the boundary of the PARK, and provide routine surveillance and security for the PARK through coordination with local law enforcement officers and contracted security services. c. Provide resource -based recreational opportunities. d. Develop a Land Management Plan for the PARK, as identified in paragraph 3. e. Provide maintenance control of exotic and invasive plants and animals. 5. The DISTRICT shall have the following responsibilities: a. Secure the property. b. Design and construct the stormwater management system. c. Develop an instruction/maintenance manual for the stormwater portion of the PARK to provide to the CITY. d. Maintenance and repair of the stormwater project for up to two (2) years after construction. e. Install fencing around the 18.54-acre Florida scrub jay habitat area as shown on Exhibit "A." f. Maintain the Florida scrub jay area according to the Florida Fish and Wildlife Conservation Commission and United States Fish and Wildlife Service guidelines (Exhibit "B"). 6. The CITY may, consistent with the Plan, construct nature trails on the PARK. 7. The CITY and the DISTRICT mutually agree that any use or development of the PARK shall be subject to the following conditions: a. The function of the PARK, with respect to water management, will be to serve as a stormwater park. b. Any development of the PARK shall be set forth in the Plan and no deviation from such Plan shall occur without prior written approval of both parties. c. Historical and archaeological resources shall be preserved. 8. The CITY may enter into agreements with third parties to develop and implement the Plan or to subcontract day -today management responsibilities to environmental, educational or governmental organizations and agencies consistent with the approved Plan; provided however that any such third party agreements shall be subject to the prior written approval of the DISTRICT, and such third parties shall agree to comply with the terms and conditions of this Agreement. The DISTRICT shall not unreasonably withhold approval of such third party agreements. 9. The CITY shall pay all lawful debts incurred by it with respect to the PARK and shall satisfy all liens of contractors, sub -contractors, mechanics, laborers, and materialmen regarding any construction, alteration and repair ordered by it in and on the PARK, and any improvements thereon. Furthermore, the CITY shall not have authority to create any mortgages on PARK or liens for labor or material on or 289 of 435 10. The DISTRICT and the CITY shall not use or permit the PARK to be used in violation of any valid present or future laws, ordinances, rules or regulations of any public or governmental authority at any time applicable thereto relating to sanitation or the public health, safety or welfare, or relating to the management activities in, and use of, the PARK during development of improvements to the PARK. It is understood and agreed by the parties that there shall be no facilities except those directly related to the operation and maintenance of the PARK as a stormwater park and for passive public recreational and educational purposes as set forth in the Plan. 11. The DISTRICT, the CITY and any other governmental agencies or organizations involved in management related activities on the PARK shalt, throughout the term of this Agreement, provide, maintain, and keep in force a program of insurance or self- insurance covering its liabilities as prescribed by Section 768.28, Florida Statutes. The DISTRICTS liability is further limited by the provisions of Section 373.1395, Florida Statutes. Nothing in this Agreement shall be construed as a waiver of the DISTRICTs or CITY's sovereign immunity under Section 768.28, Florida Statutes, or any other provision of law. 12. This agreement and any and all rights and privileges contained herein are for the sole use of the DISTRICT and the CITY and shall not be assigned or transferred to another party without the written consent of both the DISTRICT and the CITY. 13. The DISTRICT reserves the right for itself, its agents, consultants and employees to enter upon the PARK for the purpose of inspecting the PARK and determining compliance with the terms of this Agreement, so long as such entry or use does not unreasonably interfere with the CITY's use of the PARK for the purposes set forth herein. The DISTRICT, it's agents, consultants or employees shall be responsible for promptly closing and locking any gates through which they may pass in the exercise of such right of entry. 14. Either party may terminate this Agreement, with or without cause, at any time upon ninety (90) days written notice to the other party. In the event of termination all improvements that are affixed to the realty shall become the property of the DISTRICT. 15. All notices, consents, approvals, waivers and elections which any party shall be required or shall desire to make or give under this Agreement shall be in writing and/or shall be sufficiently made or given only when mailed by Certified Mail, postage prepaid, return receipt requested, addressed as follows to the parties listed below or to such other address as any party hereto shall designate by like notice given to the other parties hereto: DISTRICT: ST. JOHNS RIVER WATER MANAGEMENT DISTRICT 290 of 435 T) !1 nnv ) A')n Notices, consents, approvals, waivers and elections given or made as aforesaid shall be deemed to have been given and received on the date of the mailing thereof as aforesaid. 16. Wherever used herein, the terms "DISTRICT" and "CITY" include all parties to this instrument, their employees, and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations, partnerships, public bodies, and quasi -public bodies. 17. This Agreement constitutes the entire agreement of the parties, and there are no understandings dealing with the subject matter of this Agreement other than those contained herein. This Agreement may not be modified, changed or amended, except in writing signed by the parties hereto or their authorized representatives. 18. This Agreement shall be construed and interpreted according to the laws of the State of Florida. 19. Nothing contained in this Agreement shall be construed as a waiver of or contract with respect to the regulatory or permitting authority of the DISTRICT on the CITY as they now or hereafter exist under applicable laws, rules and regulations. 20. Nothing in this Agreement shall create any rights for the benefit of any persons not a party to this Agreement. 21. For all purposes of this Agreement, the Effective Date hereof shall mean the date when the last of the DISTRICT or the CITY has executed the same, and that date shall be inserted at the top of the first page hereof. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement, on the date and year first above written. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT B ,.. -- Kirby B. Green III Executive Director By authority of Section 373.083 (5), Florida Statutes, and SJRWMD Policy Number 90-16 (Cooperative Agreements). APPROVED: Stance J. Niego, YiU Office of Genera I Q TR WMr) 291 of 435 CITOFBASTIAN ATTEST: dt1-- By: Title: (i -� •, l�'1 , , . e. t By: � r J Title: Executed on L e c-e— 1,e r Lr, 2003 APPRO D BY: CITY ATTORNEY 292 of 435 EXHIBIT "A" 293 of 435 Exhibit "A" LEGAL DESCRIPTION ADAMS PROPERTY, INDIAN RIVER COUNTY DESCRIPTION: A portion of the West one-half of Section 19, Township 31 South, Range 39 East, City of Sebastian, Indian River County, Florida, being more particularly described as follows. For a Point of Beginning begin at the Northeast corner of Lot 1, Block 545, Sebastian Highlands Unit 16, as recorded in Plat Book 8, Page 45H, Public Records of Indian River County, Florida, thence run S 0 degrees 05 minutes 08 seconds E, along the East line of the West one-half of said Section 19, a distance of 3787.84, to the North right of way line of Collier Waterway; thence along Collier Waterway of the following courses: West a distance of 136.02 feet to the Point of Curvature of a curve concave to the Northeast; thence along said curve having a radius of 235.69 feet, a central angle of 90 degrees, an arc distance of 370.22 feet to a Point of Tangency; thence NORTH a distance of 511.25 feet to the Point of Curvature of a curve concave to the Southwest, thence along said curve having a radius of 50.0 feet a central angle of 90 degrees, an arc distance of 78.54 feet to a Point of Tangency thence run WEST a distance of 89.40 feet to the Point of Curvature of a curve concave to the Northeast, thence along said curve having a radius of 225.0 feet, a central angle of 90 degrees, an arc distance of 353.43 feet to a Point of Tangency, thence run NORTH a distance of 59.81 feet to the Point of Curvature of a curve concave to the East, thence along said curve having a radius of 350.0 feet, a central angle of 22 degrees 27 minutes 45 seconds, an arc distance of 137.22 feet to a Point of Reverse curve concave to the West; thence along said curve having a radius of 50.0 feet, a central angle of 67 degrees 28 minutes 10 seconds, an are distance of 58.88 feet to a Point of Tangency; thence run N 45 degrees W a distance of 214.96 feet,; thence run S 45 degrees W a distance of 82.41 feet to the Point of Curvature of a curve concave to the Northwest, thence along said curve having a radius of 362.13 feet, a central angle of 45 degrees, an arc distance of 284.42 feet to a Point of Tangency; thence run WEST a distance of 1243.72 feet to the Point of Curvature of a curve concave to the Northeast, thence along said curve having a radius of 225.0 feet, a central angle of 89 degrees 56 minutes 41 seconds, an arc distance of 353.21 feet to a Point of Tangency; thence run N 0 degrees 03 minutes 24 seconds W a distance of 2240.46 feet to the South line of Lot 1, Block 535 of aforesaid Sebastian Highlands Unit 16, thence departing aforesaid Collier Waterway, run EAST a distance of 182.73 feet to the West line of Lot 7, Block 534, said Sebastian Highlands Unit 16, thence run SOUTH a distance of 20.0 feet, thence run EAST, along the South line of Lots 1 through 7, said Block 534, a distance of 650.0 feet, thence run NORTH a distance of 102.56 feet to the Point of Curvature of a curve concave to the Southeast, thence along said curve having a radius of 25.0 feet, a central angle of 89 degrees 59 minutes 36 seconds an arc distance of 39.27 feet to a Point of Compound curve concave to the South, thence run along said curve having a radius of 1255.64 feet, a central angle of 9 degrees 21 minutes 11 seconds, an are distance of 204.97 feet to a Point of Compound curve to the Southwest, thence along said curve having a radius of 25.0 feet, a acentral angle of 80 degrees 39 minutes 14 seconds, an arc distance of 35.19 feet to a Point of Tangency; thence run SOUTH a distance of 126.39 feet; thence run N 89 degrees 59 minutes 35 seconds E a distance of 230.01 feet; thence run N 0 degrees 00 minutes 25 seconds W a distance of 125.07 feet to a Point on a curve concave to the North; thence along said curve having a radius of 1335.64 feet, a central angle of 0 degrees 35 minutes 27 seconds, an arc distance of 13.77 feet to a Point of Tangency, thence run N 89 degrees 59 minutes 35 seconds E a distance of 66.22 feet; thence run S 0 degrees 00 minutes 25 seconds E a distance of 250.0 feet; thence run N 89 degrees 59 minutes 35 seconds E a distance of 295 of435 80.0 feet, thence run NORTH a distance of 125.0 feet; thence run N 89 degrees 59 585; Lots 5 through 22, Block 586; and Lots 2 through 12, Block 587, Losts 2 through 15, Block 588; ALSO TOGETHER WITH all rights of way adjacent to the lots listed above Said lands situate, lying and being in the City of Sebastian, Indian River County, Florida LEGAL DESCRIPTION FLORIDA SCRUB JAY HABITAT AREA Parcel 1 A parcel of land being a portion of Lot 1 of the plat of "C.C., UNIT ONE, A SUBDIVISION" as recorded in Plat Book 15, Pages 88 and 88A, Public Records of Indian River County, Florida, being more particularly described as follows: Commence at the Northeast corner of said Lot 1 of the plat of "C.C., UNIT ONE, A SUBDIVISION", thence along the North line of said Lot 1 for the following five (5) courses and distances; run S.89°59'35"W. for 249.21 feet; S.00000'00"E. 125.00 feet; S.89°59'35"W. for 929.72; S.00°00'25"E. for 125.00 feet; thence S.89°59'35"W. for 80.00 feet to the POINT OF BEGINNING; thence departing said North line Lot 1, run S.31°49'42"W. for 11.85 feet to a non -tangent curve concave Southeasterly; thence Southwesterly along the arc of said curve, having a radius of 61.00 feet and a chord bearing of S.34°22'03"W., through a central angle of 729733", for 77.32 feet; thence S.20°22'03"E. for 57.23 feet to a non -tangent curve concave Northwesterly; thence Southwesterly along the arc of said curve, having a radius of 149.00 feet and a chord bearing of S.24°25'50"W., through a central angle of 61°25'00", for 159.72 feet; thence S.58°14'02"W. for 3.41 feet; thence N.66°15'02"W. for 218.38 feet; thence N.23°23'07"W. for 164.03 feet; thence N.18°26'06"E. for 154.41 feet; thence N.45°00'00"E. for 5.75 feet; thence S.88°52'05"E. for 20.06 feet to a point on aforesaid North line of Lot 1; thence along said North line for the following five (5) courses and distances; run N.89°59`35"E. for 204.98 feet; N.00°00'25"W. for 125.07 feet to a non - tangent curve concave Northerly; Easterly along the are of said curve, having a radius of 1335.64 feet and a chord bearing of S.89°42'41 "E., through a central angle of 00°35' 17", for 13.77 feet to the point of tangency; N.89°59'35"E. for 66.22 feet; S.00°00'25"E. for 250.00 feet more or less to the POINT OF BEGINNING. Containing 2.655 acres (115630 square feet), more or less. 04-19-2003 Parcel 2 A parcel of and being a portion of Lot 1 of the plat of "C.C., UNIT ONE, A SUBDIVISION" as recorded in Plat Book 15, Pages 88 and 88A, Public Records of Indian County, Florida, being more particularly described as follows: BEGINNING at the Northeast corner of said Lot 1 of the plat of "C.C., UNIT ONE, A SUBDIVISION"; thence S.00°05'08"E. along the East line of said Lot 1 for 8 15. 10 feet; thence departing said East line run S.89°54'52"W. for 35.57 feet to a non -tangent curve concave Westerly; thence Northerly along the are of said curve, having a radius of 171.52 feet and a chord bearing of N.03°49'26"W., through a central angle of 06°00'35", for 17.99 feet to the point of compound curvature of a curve concave Westerly; thence Northerly along the arc of said curve, having a radius of 37.35 feet, through a central angle of 12053'57", for 8.41 feet to the point of compound curvature of a curve concave 296 of 435 Southwesterly; thence Northwesterly along the arc of said curve, having a radius of 5.78 a curve concave Westerly; thence Southerly along the arc of said curve, having a radius of 124.52 feet, through a central angle of 02°56'07", for 6.38 feet to the point of compound curvature of a curve concave Northwesterly; thence Southwesterly along the arc of said curve, having a radius of 13.04 feet, through a central angle of 81°02'17", for 18.44 feet to the point of reverse curvature of a curve concave Southeasterly; thence Southwesterly along the are of said curve, having a radius of 29.81 feet, through a central angle of 50°53'32", for 26.48 feet to the point of compound curvature of a curve concave Easterly; thence Southerly along the arc of said curve, having a radius of 57.22 feet, through a central angle of 35°36'57", for 35.57 feet to the point of reverse curvature of a curve concave Northwesterly; thence Southwesterly along the arc of said curve, having a radius of 41.20 feet, through a central angle of 42°15'18", for 30.38 feet to the point of compound curvature of a curve concave Northwesterly; thence Southwesterly along the arc of said curve, having a radius of 317.79 feet, through a central angle of 02°55'49", for 16.25 feet to the point of compound curvature of a curve concave Northwesterly; thence Southwesterly along the arc of said curve, having a radius of 110.43 feet, through a central angle of 04°58'18", for 9.58 feet to the point of compound curvature of a curve concave Northwesterly; thence Southwesterly along the arc of said curve, having a radius of 180.26 feet, through a central angle of 06°06'00", for 19.19 feet to the point of compound curvature of a curve concave Northwesterly; thence Southwesterly along the arc of said curve, having a radius of 940.02 feet, through a central angle of 02°40' 12", for 43.81 feet to the point of compound curvature of a curve concave Northwesterly; thence Southwesterly along the arc of said curve, having a radius of 176.70 feet, through a central angle of 09°59'50", for 30.83 feet to the point of compound curvature of a curve concave Northerly; thence Westerly along the arc of said curve, having a radius of 136.88 feet, through a central angle of 11 °21'47", for 27.15 feet to the point of compound curvature of a curve concave Northeasterly; thence Northwesterly along the arc of said curve, having a radius of 15.73 feet, through a central angle of 114°41'35", for 31.50 feet to a non -tangent curve concave Southerly; thence Westerly along the arc of said curve, having a radius of 11.25 feet and a chord bearing of N.76°47'53"W., through a central angle of 190°3252", for 37.41 feet to a point on a compound curvature concave Easterly; thence Southerly along the arc of said curve, having a radius of 441.05 feet and a chord bearing of S.07°25'56"W., through central angle of 00°59'31 ", for 7.64 feet to a point of compound curvature of a curve concave Easterly; thence Southerly along the arc of said curve, having a radius of 1927.65 feet and a chord bearing of S.06°41'56"W., through a central angle of 00°28'28", for 15.96 feet to the point of compound curvature of a curve concave Easterly; thence Southerly along the arc of said curve, having a radius of 1249.67 feet, through a central angle of 01012'53", for 26.49 feet to the point of compound curvature of a curve concave Easterly; thence Southerly along the arc of said curve, having a radius of 1336.14 feet, through a central angle of 01 ° 10'29", for 27.40 feet to a non -tangent curve concave Southwesterly; thence Northwesterly along the arc of said curve, having a radius of 17.36 feet and a chord bearing of N.56°4548"W., through a central angle of 37°25'34", for 11.34 feet to the point of compound curvature of a curve concave Southerly; thence Westerly along the arc of said curve, having a radius of 16.83 feet, through a central angle of 38°0142", for 11.17 feet to the point of compound curvature of a curve concave Southeasterly; thence Southwesterly along the arc of said curve, having a radius of 8.99 feet, through a central angle of 26°46'04", for 4.20 feet to the point of reverse curvature of a curve concave Northwesterly; thence Southwesterly along the arc of said curve, having a radius of 7.89 feet, through a central angle of 28036'27", for 3.94 feet to the point of compound curvature of a curve concave Northeasterly; thence Northwesterly along the arc of said curve, having a radius of 6.06 feet, through a central angle of 161 °37'32", for 17.11 feet to the point of reverse curvature 297 of 435 of a curve concave Westerly; thence Northerly along the arc of said curve, having a curvature of a curve concave Southeasterly; thence Northeasterly along the arc of said curve, having a radius of 10.90 feet, through a central angle of 70002'58", for 13.33 feet to the point of reverse curvature of a curve concave Northwesterly; thence Northeasterly along the arc of said curve, having a radius of 52.17 feet, through a central angle of 30°25'14", for 27.70 feet to the point of compound curvature of a curve concave Northwesterly; thence Northeasterly along the arc of said curve, having a radius of 213.35 feet, through a central angle of 03°05'51 ", for 11.53 feet to the point of compound curvature of a curve concave Northwesterly; thence Northeasterly along the arc of said curve, having a radius of 196.78 feet, through a central angle of 03°13'31 ", for 11.08 feet to the point of compound curvature of a curve concave Westerly; thence Northerly along the arc of said curve, having a radius of 21.73 feet, through a central angle of 70°09'50", for 26.61 feet to the point of reverse curvature of a curve concave Easterly; thence Northerly along the arc of said curve, having a radius of 17.42 feet, through a central angle of 79052'21 ", for 24.28 feet to the point of compound curvature of a curve concave Southerly; thence Easterly along the arc of said curve, having a radius of 14.77 feet, through a central angle of 64°22' 19", for 16.59 feet to the point of reverse curvature of a curve concave Northerly; thence Easterly along the are of said curve, having a radius of 15.32 feet, through a central angle of 63°03'47", for 16.87 feet to the point of compound curvature of a curve concave Northwesterly; thence Northeasterly along the arc of said curve, having a radius of 60.05 feet, through a central angle of 12'57' 11 ", for 13.58 feet to the point of compound curvature of a curve concave Westerly; thence Northerly along the arc of said curve, having a radius of 2.04 feet, through a central angle of 75°23'18", for 2.69 feet to the point of compound curvature of a curve concave Southerly; thence Westerly along the arc of said curve, having a radius of 18.39 feet, through a central angle of 58*21'43", for 18.74 feet to the point of reverse curvature of a curve concave Northerly; thence Westerly along the arc of said curve, having a radius of 209.14 feet, through a central angle of 16°37'41 ", for 60.70 feet to the point of compound curvature of a curve concave Northerly; thence Westerly along the arc of said curve, having a radius of 984.37 feet, through a central angle of 02' 16'01 ", for 38.94 feet to the point of compound curvature of a curve concave Northerly; thence Westerly along the arc of said curve, having a radius of 136.76 feet, through a central angle of 06°05'02", for 14.52 feet to the point of compound curvature of a curve concave Northeasterly; thence Northwesterly along the arc of said curve, having a radius of 26.42 feet, through a central angle of 69°06'52", for 31.87 feet to the point of reverse curvature of a curve concave Southwesterly; thence Northwesterly along the arc of said curve, having a radius of 97.30 feet, through a central angle of 34°22'59", for 58.39 feet to the point of compound curvature of a curve concave Southerly; thence Westerly along the arc of said curve, having a radius of 86.75 feet, through a central angle of 39°07'57", for 59.25 feet to the point of reverse curvature of a curve concave Northeasterly; thence Northwesterly along the arc of said curve, having a radius of 30.26 feet, through a central angle of 69*05' 11 for 36.49 feet to the point of compound curvature of a curve concave Easterly; thence Northerly along the arc of said curve, having a radius of 28.61 feet, through a central angle of 45°2456", for 22.68 feet to the point of reverse curvature of a curve concave Westerly; thence Northerly along the arc of said curve, having a radius of 32.84 feet, through a central angle of 42° 14'37", for 24.21 feet to the point of compound curvature of a curve concave Westerly; thence Northerly along the are of said curve, having a radius of 127.65 feet, through a central angle of 09°06'57", for 20.31 feet to the point of compound curvature of a curve concave Southwesterly; thence Northwesterly along the arc of said curve, having a radius of 71.96 feet, through a central angle of 12°09'06", for 15.26 feet to the point of compound curvature of a curve concave Southwesterly; thence Northwesterly along the arc of said curve, having a radius of 26.04 feet, through a central 298 of 435 angle of 37°52'29", for 17.21 feet to the point of reverse curvature of a curve concave • - ..- "--- -r 70 AA through a central angle of 03°57'55", for 33.88 feet to the point of compound curvature of a curve concave Southerly; thence Westerly along the arc of said curve, having a radius of 207.40 feet, through a central angle of 05°02'39", for 18.26 feet to the point of reverse curvature of a curve concave Northerly; thence Westerly along the arc of said curve, having a radius of 99.85 feet, through a central angle of 071620", for 12.67 feet to the point of compound curvature of a curve concave Northeasterly; thence Northwesterly along the arc of said curve, having a radius of 24.93 feet, through a central angle of 86037'59", for 37.69 feet to the point of reverse curvature of a curve concave Southwesterly; thence Northwesterly along the arc of said curve, having a radius of 75.89 feet, through a central angle of 46018'20", for 61.34 feet to the point of compound curvature of a curve concave Southwesterly; thence Northwesterly along the arc of said curve, having a radius of 399.13 feet, through a central angle of 07°05'05", for 49.35 feet to the point of compound curvature of a curve concave Southerly; thence Westerly along the arc of said curve, having a radius of 93.92 feet, through a central angle of 14°38'08", for 23.99 feet to the point of compound curvature of a curve concave Southerly; thence Westerly along the arc of said curve, having a radius of 58.06 feet, through a central angle of 30°27'40", for 30.87 feet to the point of reverse curvature of a curve concave Northerly; thence Westerly along the arc of said curve, having a radius of 58.93 feet, through a central angle of 30° 13'47", for 31.09 feet to the point of compound curvature of a curve concave Northerly; thence Westerly along the arc of said curve, having a radius of 57.22 feet, through a central angle of 13°53'55", for 13.88 feet to the point of compound curvature of a curve concave Northeasterly; thence Northwesterly along the arc of said curve, having a radius of 145.37 feet, through a central angle of 08042'25", for 22.09 feet to the point of compound curvature of a curve concave Northeasterly; thence Northwesterly along the arc of said curve, having a radius of 51.76 feet, through a central angle of 43°29'30", for 39.29 feet to the point of compound curvature of a curve concave Easterly; thence Northerly along the are of said curve, having a radius of 72.38 feet, through a central angle of 36°30'53", for 46.13 feet; thence N.07°01'41 "W. for 21.05 feet; thence N.44°17'25"E. for 37.13 feet; thence N.60°27'55"W. for 21.56 feet; thence S.66°24'57"W. for 34.98 feet; thence S.88°45'57"W. for 25.57 feet; thence N.41 °41'S5"W. for 90.60 feet; thence N.19°35'38"W. for 23.66 feet; thence NA ° 11'25"W. for 25.58 feet; thence N.40°21'36"W. for 40.17 feet; thence S.84°23'30"W. for 14.47 feet; thence 5.25°41'55"E. for 46.30 feet; thence S.02°42'59"W. for 23.02 feet; thence S.63°04'27"W. for 19.09 feet to a non -tangent curve concave Northerly; thence Westerly along the arc of said curve, having a radius of 64.48 feet and a chord bearing of N.78°27'10"W., through a central angle of 21°18'48", for 23.99 feet to the point of compound curvature of a curve concave Northeasterly; thence Northwesterly along the arc of said curve, having a radius of 63.48 feet, through a central angle of 21 °29'02", for 23.80 feet to the point of compound curvature of a curve concave Northeasterly; thence Northwesterly along the arc of said curve, having a radius of 76.89 feet, through a central angle of 07°23'01 ", for 9.91 feet to the point of compound curvature of a curve concave Northeasterly; thence Northwesterly along the arc of said curve, having a radius of 38.80 feet, through a central angle of 10°24'05", for 7.04 feet to the point of compound curvature of a curve concave Southeasterly; thence Northeasterly along the arc of said curve, having a radius of 11.25 feet, through a central angle of 124°37'04", for 24.46 feet to the point of reverse curvature of a curve concave Northwesterly; thence Northeasterly along the arc of said curve, having a radius of 12.83 feet, through a central angle of 112°00'37", for 25.08 feet to the point of compound curvature of a curve concave Southwesterly; thence Northwesterly along the arc of said curve, having a radius of 25.66 feet, through a central angle of 38°20'31 ", for 17.17 feet; thence N.81 °5 F51 "W. for 37.14 feet to a point on the North line of aforesaid Lot 1 of the 299 of 435 plat of "C.C., UNIT ONE, A SUBDIVISION"; thence along said North line of Lot 1 for 4076478945 LLI.. JV V1 United Skates Npaxtrnmit of tho Intefior • F1611 AND WILDi,n SERVICE Routh iioftB401A'W 9ervim OffiCt 1319 30 Strw Vero Beach, Plarids 32960 December 9, 2002 John R. H311 V,S. Amy OVP of Etl*cers Atlantic Permits Branch 2460 North Conrcenay Pwkway, Suht 216 Merritt island, Florida :52953 141V1 INU.UVL 1 .V1 Service XAO W6.: 4•i•Q3-t-107 Application I3i).: 20�J105030(NVV-ST) Uotled; Octabtr2.t, 2302 Applicant. St, Jolm's'River Watcr Maanalj=ent District County: Inchian River, <. Dear 1VIr_ HaIR The Feel: and Wildlife Serviea (Service) bas revifaved the U.S. ADZ w Corps of En4gxnims (Corps) wtow daW Octnher 21. 20Q2. These mnments are provided tinder the Vmvlsions orl secdor 7 of *a Endangered Species Act (ESA) of 1973, as amended (97 Stet. M;16 V- S. C,1331 et sq), aria (Ike proviafous ofiflit Fish cud'WildUc Coordina-ion Act of 3953, is mended (4s 8tat. W1; 16 U.S.C. 661 of seq.). PROJECT DlSMPTION The appli caot propose:: to construct it atormwatw ttCaxr cmt esyat¢m i m a 3 -56-sera vita, 'I'l)c ;dto consists of pin* flatwoods, upland hardwood forsj0, distarbed l w+—;, i'arestiA wetlands, ant herbaceous wetlands. 7be applimt proposes to fill 0.3-store ot'ibtvrW vvetlmx and excavate 0.05-am of a al. 7be proposed pngf ect will improve grater ggsla' y in tho ultimate receiving watem, the St. Sebastian Rives, and rehydrate 30 acres of wetlend,i tiltered by the constmotion of C:olller Wawrway. The;.nojact 13lo+uted in the; City of Scbw6w% lea Section 19, j owl 3wP 31 South, Range 39 Leal, Indian River County, Modds. THREAMBD AND ENDANCERW MOM Availabia digitized W301mation Portaining to m orlod locations o.F a- dt re;ly-listed tka*Mcmd and endangered species indirAtes that suitable habilei fbi thr, t'brcetraA eastern, indigo snake (Dryrrmrehon Qorais cooped) and try threatened 11.(oride pub-ja, — (Aphelocoma c ruteseens} exists onsite. IA an M-tobes 21, 2002, letter, the Corps rcovided a ew t=jwLtion of "may effect, not likely to advoeaeky ert3 G'V' for chR Irlvrida scmb jay. In a Novelmbtr 27, 2002, I meer, the 301 of 435 • v v a .. v v Jo:m R. Hall December 9, 2002 Page 2 Corps indicated flat the applicant vrill i 14men( t1a Standard Narecan Afeanwea or the &Stun Indtgv SauAv and provided a dotarminativn of"may affoat„ tut not lal;el)►to adve,rsoly affect" for the eastern Indigo snakes. Eastern indigo snake &wtorn indigo Make$ 001:ur year"rmund ib bdiar. River County 0.nd Wlim, a variety of babitAW including tropical hardwood hammock, pim bout dune/coastal strand, xeri,: 14))W-* prairie, maritime h=Mock, freahwa#cr marsh%, hydric piM flatWaads, mirp, mmul nutngxave. Fastens u a1aa juinkea cask and use underground r*218, and eze often aWe-dated wi It gopher tortoise (C3ophervs.poiyphemuss) twToWs. Several active: gopher tortoise bon ows b ve bean identified wi site and suitable luibitat for the amstara indigo awke 01dato oudilb Dwod on rho fnom vvlon and maintemee of scrub habitat tmsite and the applicant's ag�tcent to in-rPlement the Standard protection Maasaresim• the FursleM Indlp,5*1 i, tin Cops bps prcMded ei detamdualon of `may affhat, but not likely to adversely affect" for the eastern it snake. The 3erviee conouurs with this detmnfintdon. Florida scrub jay Scrub -jays utilize a variety of semb bebitats in em al and taunt I.Aorida as ftagiog and aestang habitat. Scrub jays prefer xeric oak eazub, scrubby pine flatwoods_ sombb;Y coasul strand, and Band pins scrub, but will also utilim pastums, oit%w groyea, rmrsgslaad, *e� babitats, and some disturbed habitats. It, general, semb"jays have yell d4ned gtoul;i waltories, ave mging 25 sores in size (Fitzpatrick at a(., IVY 1). Accida scrub jay surveys were pt armed soccrnling do the Service's 5cruNaY Survey Guiddinw. The surveys detected the In mam of a Waily of j sys utilizing the northeast portion of the project site. The somb-jays' mitory was delineated, and si! occupied habifid onsito will be avoided. The sppllcartt propom -;) plave 17.7 $errs of omit* upland habitat, including all occupied bsbitst, 4do a conservation casmmettt. 'lit. ,;MHcwt submitted a habitat nwagcment plan to the Service end tits Caps on October 24, 2002, fir the preseved scrub -jay habitat, The applicant wily meehWoally a-atuxi a the lremvsd $Mb habitat and maintaiD the scrub habitat in peapatuity. Beved on *e avoidaia-, pm;=vxdo:s, and morAgement of t►ADI,.e habitat, the Corps btw provided a datesmination of `yMy 10act, but snot likely to adversely al3'e-ee' far The scrub-j ay. me S*rvice cotrcura Mth this deteindnation. PISH AND WIL DUFF RESO1Jl: CES In general, wetlands am ecoloonally important east that pro4it nesting, retthko, and feuding sites for a variety of migratory bird upecies, Mat ty species of rrjAles end amphitdans use wotlarids during oertdz stages of this Iffe oycic br throughout d}slr emit.* lives. The ttppilew proposes to fill 0.30-acre of fore`.stod wetland, and exoftvate 0.05-i= of cxW. The prop3sed project wi11 improves water quality is the) St. Sebssdan River vxd rtthydrxw� 31) 6xvs of w+Aunds 302 of 435 1L •YV I VMI VJY.! U"*- V V V i i -1 V V ' I V • V V L 1 . V '7 Jolty R. Hall L' w=*er 9, 2002 Fast 3 altered by the construction of Collate• Waterway. 'Ibt Setvioo hay rov.ii vved all avWlable information related to w4t1wd impwts and the proposed mitl*on plan, =d his no objection to Vic proposed pwjert. Thank you for your cooperation grid effort In prrtaoting Modd s's ec asM-i r, lfyou havc any ques 044 please muiaot Deborah Pieru at (772) S 6:-3909, artm i an 293. 3iumly yours, Linda. S. Fir eU ASsiftat Field S"V :is3r South Florida Eoolor ic,al SQcvlces Office cc: FWC,'Vew Bmah, Honda SJRWMD? Orlando, Florida BPA, Arians, Omen Lrr98ATM CITLD Fitzpatrick, J.W., 0.13. WoolforAclu and M.T. Kopony.1991, l:w1birp and Develojiment-A44red Habitat Regukambents for this Florida Saab Jay (Ap1ts1oi.,-*vta ccandereant cosrulascrsms). FiorWA CFaM and FMb Watez I�sh C,anu�tistdoar I'•`'ott, no -a Wfldlife Program Tochnicsl l;epc►rtZito. R. Taltal+acma, M.. 303 of 435 Scrub Jay Survey Results and Habitat Management Plan for the Adams Parcel September 2002 Prepared for: St. John's River Water Management District Prepared by: 304 of 435 L Scrub Jay Survey Results and Habitat Management Plan Adams Parcel September 2002 The St. Johns River Water Management District (District) has purchased a 166-acre parcel (Adams Parcel) located within the City of Sebastian (See Exhibit 1) adjacent to the Collier Creek/Elkham Waterway canal system, which is the major canal system serving the City of Sebastian. The District has proposed to construct a stormwater retrofit project on the property within a passive recreational park setting (See Exhibit 2 — Site Plan). The Stormwater Park is designed to provide multiple benefits to the community. The main benefit being the reduction of pollutants and freshwater discharged to the Sebastian River and the Indian River Lagoon. Additional benefits to the community include passive recreational facilities such as nature trails and picnic areas, and educational displays designed to enhance public knowledge of the problems associated with stormwater runoff, types of stormwater treatment systems, and the importance of wetland and upland systems. The project site is one of the remaining undeveloped tracts of land located in the vicinity. As such the site is vacant and is covered with vegetation comprising four general land use types: Pine Flatwoods (4111); Upland Hardwood Forests (420); Disturbed Lands (740); and Wetlands (See Exhibit 3). Of these four land use types, the pine flatwoods and wetlands in the northeast section of the property exhibit the least amount of disturbance as a result of past Iand use practices on the property. During the site investigations to determine jurisdictional wetland boundaries, District staff noted the presence of at least two listed species, gopher tortoises (Gopherus Polyphemus) and Florida scrub jays (Aphelocoma coerulescens coerulescens). PBS&J was contracted to perform gopher tortoise and scrub jay surveys to determine the population size of each species as well as to determine the permitting implications if either species were to be impacted by the development of the Stormwater Park. Surveys for gopher tortoises were performed in November and December2001; scrub jay surveys were conducted in November 2001. Both species were found within the boundary of the project site. Gopher tortoises were found scattered in almost all upland areas of the site while the scrub jays were found only in the northeast corner of the property. The site design submitted initially to the Florida Department of Environmental Protection and the US Army Corps of Engineers utilized the northeast corner for a wet detention pond. Following the listed species surveys the site design was revised so that the northeast comer would not be impacted by construction. The pond was eliminated and the northeast corner will be preserved, managed and utilized as a scrub jay preservation area and a gopher tortoise recipient site. Due to the designation as a preservation area, a conservation easement will be recorded over this area. The management plan (Plan) for the area includes vegetation reduction practices as well as a monitoring and maintenance 1 Based on the "Florida Land Use, Cover and Forms Classification System", Department of Transportation, September 1985. 305 of 435 program to ensure that the area remains suitable for scrub jays as well as gopher tortoises. A copy of the Plan is provided as Attachment A. Recent, informal consultations with Deborah Pierce of the U.S. Fish and Wildlife Service resulted in the initiation of another scrub jay survey. PBS&J biologists resurveyed the Adams Parcel and adjacent properties for the occurrence of Florida scrub jays for five (5) consecutive days during the week of September 9, 2002. The following narrative details the methodology utilized as well as the results of the September survey event. Parallel transects through all upland portions of the site were established on aerials prior to the field survey. Playback stations were positioned approximately 150 meters apart along the parallel transect lines (see Exhibit 4). Each station was visited and a scrub jay vocalization tape was played for approximately four (4) minutes, one (1) minute in each cardinal direction. An aerial map with habitat types delineated was produced following the 2001 scrub jay survey and verified during the 2002 survey. One -acre plots were assessed and designated as Habitat Type I, II, or III (see Exhibit 5). The methodology utilized in typing the habitat is described in Ecology and Development -related Habitat Requirements of the Florida Scrub Jay (Avhelocoma coerulescens coerulescens), Nongame Wildlife Program Technical Report No. 8, (1991). Per the referenced document, Type I Habitat is defined as "Any upland plant community in which percent cover of the substrate by scrub oak species is 15% or more". Type II Habitat is "Any plant community, not meeting the definition of Type I habitat, in which one or more scrub oak species are represented". I Type III Habitat is listed as "Any upland or seasonally dry wetland within %4 mile of any area designated as Type I or Type II habitat'. During the 2002 survey, several scrub jays were observed both on the Adams Parcel and in the adjacent neighborhood to the east (See Exhibit 6). Within the boundaries of the property, a total of ten (10) scrub jay sightings were documented. All of the sightings occurred in the northeast comer of the Parcel and at no time were any jays observed south of the wetland slough. It is assumed that a family of at least three (3) jays utilizes this northeast section of the property, however their territory appears to extend off site into the residential area to the east. No territorial displays were exhibited by any of the jays at any station during the survey. Since the scrub jays were observed utilizing the adjacent residential area, additional surveys were conducted outside of the property boundaries. A total of thirteen (13) scrub jay sightings were documented. It is assumed that the jays seen in the residential area is the same family of jays that utilize the Adams parcel given that no territorial displays were seen at any time at any of the stations. There are several undeveloped lots in which the native vegetation remains. Although structurally the areas are not ideal scrub jay habitat, the xeric oak scrub vegetative components are still present. It is assumed that the scrub jays are still utilizing the remnant areas for foraging and possibly nesting. 306 of 435 In addition to the consecutive five-day survey conducted in September, four playback stations were visited on October 2, 2002. Two scrub jays responded to the tape at Station 23B. Territory delineation was attempted and is shown on Exhibit 7. The boundary of the territory was estimated after analysis of the survey data. The line was drawn halfway between an active playback station (one in which scrub jays responded) and an adjacent inactive (one in which no jays responded) station. This methodology was utilized due to the absence of visual and auditory observations of territorial displays. The following table documents the dates and times as well as the weather conditions during which the scrub jay surveys were conducted. See Exhibit 8 for Scrub Jay Data Sheets. Date Times 9-9-02 7:35 am —10:30 am 9-10-02 6:40 am— 9:00 am 9-11-02 7:40 am —11:00 am 9-12-02 7:00 am — 9:45 am 9-13-02 7:30 am-11:00 am 10-2-02 1 4:00 pm — 5:10 pm Weather Conditions Clear, cool, 85° Clear, 90° Clear then cloudy toward end of survey period, 85° Clear, very light breeze, 900 Clear, 85° Clear, 850 307 of 435 ATTACHMENT A Management Plan The habitat management plan for the preserved area in the northeast comer of the Adams Parcel includes mechanical vegetation management, nuisance and exotic species control, and yearly scrub jay monitoring events. A conservation easement will be recorded over the 17.7-acre area (see Exhibit 9). All management activities within the preservation area will be conducted outside of the Florida scrub jay nesting season (March through June). The area is predominantly scrubby flatwoods with a sparse canopy of slash and longleaf pine. Scattered groupings of xeric oaks can be found throughout the area and range in height from 4 feet to greater than 20 feet. Saw palmetto is the dominant shrub species with minor components consisting of tarflower, shiny lyonia, shiny blueberry, gallberry, and rusty Iyonia. Wiregrass is abundant in the herbaceous layer. A recent fire event (May 2002) has reduced the groundcover and shrub layer to a more appropriate density for scrub jay utilization. Initial Site Preparation: Although a majority of the area contains the appropriate vegetation and structure for the scrubby flatwoods community type, a few areas will need to be improved. A portion of the area, approximately 100 feet west of the north -south field road was not impacted by the fire and contains dense stands of saw palmetto. The area east of the north -south road contains a significant amount of Brazilian pepper and is overgrown with additional undesirable species such as grapevine and blackberry. These areas will be mechanically cleared to reduce the density of the saw palmetto and eradicate the nuisance and exotic species. During the site investigations it was noted that there are several places within the preservation area that have been utilized as illegal dumping sites for household and industrial waste (e.g. tires, 55-gallon drums, concrete). These piles of debris will be removed from the site and disposed of properly. The Department of Forestry, during the fire suppression efforts in May 2002, established fire lines within the proposed preservation area. This resulted in an accumulation of vegetative debris adjacent to the fire lines. There are also spoil piles located to the west of the north -south field road assumed to be excess material from the development of the road. These piles will be removed or leveled to achieve uniform topography throughout the area. 308 of 435 Maintenance and Monitoring: Vegetation monitoring will be conducted twice each year for the first two (2) years and annually thereafter for the following three (3) years. Each vegetation monitoring event will provide a qualitative assessment of the vegetation. The monitoring events will collect data on species' presence, average height, and average density. Nuisance and/or exotic species problem areas will be identified and targeted for removal by mechanical, manual or chemical means. The control method selected to eradicate any nuisance or exotic species will be structured so that desirable vegetation will not be damaged. Herbicide treatments will be used sparingly and only when mechanical or manual means cannot be employed. However, if it is deemed necessary a licensed herbicide applicator will appropriately apply specific herbicides to effectively control targeted vegetation. Times, dates, and methods of any nuisance and exotic species control event will be recorded on data sheets (see Exhibit 9). Due to the proximity of the preservation area to a large residential area, prescribed fire is not a feasible option to employ for the management of the site. Mechanical removal methods are proposed to keep the native desirable vegetation at the appropriate density and height. Roller chopping or other mechanical means will be utilized when necessary to reduce the amount of vegetation and maintain open sandy areas adjacent to oak stands to provide more favorable foraging areas for the scrub jays. It is anticipated that vegetation reduction methods will be performed at regular intervals (every 2 to 3 years). The methods will be initiated based on recommendations made following the vegetation monitoring events. Annual scrub jay surveys will be conducted within the preservation area in September/October, March, or July. The surveys will conform to the recommended survey methodologies outlined in the FWS document Scrub jay Survey Guidelines (0410312002). Scrub jay surveys, vegetation monitoring, and nuisance species control will continue for five (5) years. The results of the surveys and the vegetation monitoring as well as a summary of the nuisance species and native vegetation management activities conducted will be included in a yearly report that will be submitted to the FWS. Maintenance in the form of mechanical vegetation reduction will continue in perpetuity. The District's Division of Land Management will conduct and oversee the site preparation and maintenance activities within the preservation area. 309 of 435 Sf6)O vrUL GROWTH AND RESOURCE MANAGEMENT D D s oARTMENT Land Acquisition and Manage 123 West Indiana Avenue • Room 201 • DeLand, Florida 32720�606 7 ST. JOHNS RIVER WATER (386) 740-5261 • (386) 248 vvw�u_volS6ia �a�^683A •Fax (388) MAJOHNS ENIRIVER DISTRICT June 24, 2005 PALATKA. FLORIDA MAIL CENTER Mr. Joseph A. Freidell P. O. Box 94 Oak Hill, FL 32759 Re: Non -Exclusive Perpetual Access Easement Dear Mr. Freidell: ranted to you by the District and volusia County 1 have enclosed the access easement g20' 2005 Offi datecial Records Boole 5556, Page d May 9, 2Q05 �'d recorded May our records. 4 dated Public Records of volusia County, Florida for Y Sincerely, l Vicky Wise Real Estate Specialist Enc. St. Johns River Water Management District C.. Sharon Carlin, Pa '6�-w �- , s AcV i&- 311 of435 Casement. Grantee SEBASTIAN STORM WATER PARK LAND MANAGEMENT PLAN Prepared for. St. Johns River Water Management District By: City of Sebastian St. Johns River Water Management District Board Approved March 2009 Final SJRWMD Approved March 2009 314 of 435 INTRODUCTION............................................................................................................. 4 1.0 CONSERVATION OVERVIEW....................................................................... 6 1.1 REGIONALSIGNIFICANCE........................................................................................... 6 1.2 ACQUISITION.............................................................................................................. 6 1.3 ZONING 9 ...................................................................................................................... 1.4 COOPERATIVE AGREEMENT....................................................................................... 9 1.5 LEASES, EASEMENTS, AND CONCESSIONS............................................................ 9 2.0 NATURAL RESOURCES ...... ..... ».................................................................... 9 2.1 AREA OF PROPOSED MANAGEMENT........................................................................... 9 2.2 ECOLOGICAL FUNCTIONS......................................................................................... 10 2.3 NATURAL COMMUNITY HABITAT ASSESSMENT....................................................... 11 3.0 CONSERVATION MANAGEMENT ... M...... N....... N.... M........... ..... ...... ..... .......... 13 3.1 INVASIVE & EXOTIC SPECIES................................................................................... 13 3.2 WATER RESOURCES.................................................................................................14 3.3 FEDERAL AND STATE PROTECTED SPECIES.............................................................. 14 4.0 RECREATIONAL USES .........................................................................................15 4.1 ACCESSIBILITY ......................................................................................................... 15 4.2 RECREATIONAL ACTIVITIES..................................................................................... 15 5.0 CONTROL & MANAGEMENT .................... .......... ......... »..................... ............... 17 5.1 SECURITY................................................................................................................. 17 5.2 RULES & REGULATIONS........................................................................................... 17 6.0 IMPLEMENTATION CHART ........... »..................................................................19 APPENDIX A LISTED ANIMALS ........... »....... ..»...................................................... 20 APPENDIX B FNAI PLANTS, ANIMALS & COMMUNITIES LIST .................... 21 APPENDIX C ECOLOGICAL COMMUNITY OCCURRENCE BY SOIL SERIES ........................................................................................................................................... 26 NATURAL RESOURCES CONSERVATION SERVICE ......................................... 26 701 Final SJRWMD Approved March 2009 315 of 435 Figure1. Location Map...................................................................................................... 5 Figure2. Hydrology/Topography Map............................................................................... 8 Figure3. Recreation Map................................................................................................. 16 Figure4. Soils Map........................................................................................................... 27 Final SJRWMD Approved March 2009 316 of 435 I I ' 11 11114 I CCzI This document provides guidelines for land management activities to be implemented at the Sebastian Storm Water Park in 5-year increments. The area of proposed management encompasses 175 +/- acre site located within the city limits of Sebastian, Florida and 2 miles west of the Indian River Lagoon in Section 19, Township 31 South, and Range 39 East, Indian River County Florida. (Figurel) The storm water park boundaries are predominately urban residential. Directly north of the park is mixed urban residential and Sebastian Harbor Preserve Conservation Lands. Adjacent to the storm water park, on the east, is mixed urban residential and the Sebastian Scrub Conservation Area. Bordering the property on the south and west of the park is the Collier Canal Waterway. This physiographic area is the Eastern Flatwoods District, Sebastian -St. Lucie Flats with an elevation of less than 20 feet. The hydrologic sub basin is the Sebastian River Drainage District within the St. Johns River Water Management District and Indian River Lagoon Basin. Ecological communities of this site are comprised of surface water bodies, uplands, and herbaceous wetlands. The natural ecological process of the storm water park, which in the past was disturbed, may be restored for their intended condition. Maintaining and enhancing the structures, function, and ecological processes of the storm water park will be required for the long-term perpetuation of these original communities. 4 Final SJRWMD Approved March 2009 317 of435 1.0 CONSERVATION OVERVIEW 1.1 Resional Sianificance This region contains significant ecological diversity for flora and fauna. The facility will function in such a manner as to be compatible with overall stormwater systems both upstream and downstream to promote a pollution treatment approach to providing storm water treatment for an approximate 1400-acre watershed, offering a reduction of pollutants from storm water discharges into the St. Sebastian River, which discharges into the Indian River Lagoon. A series of trails and placement of benches and picnic tables in certain areas of the park for public enjoyment will be created and maintained by the City of Sebastian Parks & Recreation Department. The City of Sebastian Parks & Recreation Department maintains the park system and may employ contract labor as needed. Volunteer support to help provide interpretive and educational activities, with resource management assistance will be encouraged and coordinated by the Parks & Recreation Department. An educational display has been designed and installed, located at the trail entrance on Englar Drive and is intended to enhance public knowledge of the problems and subsequent treatment associated with storm water runoff at the storm water park, as well as the importance of wetland and upland systems and their intended condition. There are no known archeological or historical areas at the storm water park. The purpose of the management plan is for the development of resource based passive recreational opportunities, storm water treatment by detention, restoration, and recharge by increasing the hydro -period in the stormwater ponds, and restored wetlands, and natural ecosystem protection. 1.2 Acauisition The property was acquired to protect and enhance the water resource quality and quantity, provide flood protection, and to protect ecological functions and habitat by the development of a storm water park. The site was originally purchased by Atlantic Gulf Communities to be developed as residential. Two tracts were later sold to Adams & Associates Developers. Adams & Associates Developers re -platted the site to C.C. Unit 1, a subdivision. St. Johns River Water Management District purchased the two tracts from Adams & Associates Developers as Lot 1, containing 144.49 +/- acres in May of 2000 and Lot 2 containing 30.60 +/- acres, in December of 2000. In March of 2006, the St. Johns River Water Management District exchanged 1 acre of the Adams Lot 1 parcel for a residential lot owned by the Sugarick family for District access into the stormwater park. 6 Final SJRWMD Approved March 2009 319 of435 The property originally contained a natural mix of ecological community types. Historical aerial photographs demonstrate these transitions. North, south, and west of the site contained natural herbaceous, and depressional wetlands, as shown on the hydrologic/topographic map (Figure 2). The construction of the Collier Waterway assisted in the drainage of large areas of the wetlands along the western and southern boundaries. The site contains Pure Flatwoods, Upland Temperate Hammocks, Upland Scrub and Pine Hardwoods, Cabbage Palm Hammock Mixed Shrub Wetland, Hydric Hammock; and Grass/Sedge Marsh. 7 Final SJRWMD Approved March 2009 320 of 435 1.3 Zoning The zoning of the storm water park is RS-10 and represents single-family low -density residential development on lots of 10,000 square feet. This current zoning allows for Parks and Recreation, a compatible use. Parks and recreation promotes environmental education and management as an integral part of park and recreation policies. Cooperative assistance between resource agencies and local educational advisors will provide park and recreation resources as an instrument for environmental teaching and habitat enhancement projects. The future land use will be revised by December 31, 2008 and designated as Institutional. The City's comprehensive plan identifies Institutional land use for acquisition of land to promote recreation, conservation, natural resource protection, and related benefits of public lands. I A Cooperative Agreement A cooperative agreement was entered into between St Johns River Water Management District and the City of Sebastian, on January 20, 2004, expires January 19, 2009, and auto renews in five-year increments. The purpose of this agreement is to protect and preserve regional wildlife habitat, maintain storm water treatment of the park and Collier Canal in order to address water quality concerns of the St. Sebastian River, a designated impaired water body, which flows into the ultimate receiving waters of the Indian River Lagoon. 1.5 Leases. Easements. and Concessions An existing easement 150 feet by 71133 and 75 feet by 980 feet containing 4.13 acres more or less, belonging to Florida Power and Light runs along the Eastern boundary of the storm water park. An access easement was granted to the Appelbaum family owning the out parcel of 166.3 feet by 144.5 feet containing .70 acre more or less, located in the southeastern boundary. There are no leases, or concessions planned at the storm water park. Concessions may be considered in the future to assist in management costs. 2.ONATURAL RESOURCES 2.1 Area of Proposed Management Prior to the development of the storm water park, this 175-acre area contained many ecological communities. Urbanization, invasive exotic species, and fire suppression are the immediate human -made agents of change to this ecosystem. The ecosystem restoration for the watershed area (including the surrounding the area of the storm water 9 Final SJRWMD Approved March 2009 322 of 435 park) is easily monitored by physical characterization, water quality, water quantity and any impacts to upland or aquatic habitats. Ensuring compatibility of adjacent land uses, removal of invasive exotic species mechanically, chemically or by hand, working in conjunction with the U S Fish and Wildlife Service, and the Division of Forestry to protect these natural communities will assist in the ecosystem restoration efforts. 2.2 Ecological Functions This site is in a predominantly urban landscape. In an urban landscape, the natural, physical, chemical, and biological processes are disrupted allowing leaves, litter, animal waste, oil greases, heavy metals, fertilizers and pesticides to be transported in storm water runoff and deposited in canals, stream channels, lakes and rivers. Originally planned for residential development, other impacts to this site occurred and disrupted natural processes of this unique ecological area of the City. Acquisition of the site and the newly constructed storm water park has provided future benefits of water quality and quantity. The series of storm water detention basins, structural and non-structural BMP's (Best Management Practices) will provide a treatment of the storm water prior to its entry into the wetland areas, which are natural storm water basins of the landscape. Wetlands are recognized for providing many vital benefits in our watershed such as ground water recharge, improved water quality, flood control, recreational opportunities, wildlife habitat, and aesthetics. Many species of reptiles and amphibians use wetlands during certain stages of their life cycle or throughout their entire lives. Continued maintenance for the proper functioning of the stormwater structures, erosion issues, pond maintenance, including the pumps, electronic equipment, software, and onsite conveyance structures will be conducted as needed by the City of Sebastian's Public Works Division. The stormwater system consists of four stormwater treatment facilities, a pump station, and numerous water control structures. Operation of the stormwater facilities including the pump station and the adjustable water control structures is the responsibility of the City of Sebastian's Public Works Division. The stormwater system must be operated in accordance with the original park design. A manual containing the design plans for the stormwater park and information regarding operation of the pump station and the water control structures will be provided to the City by the District. The manual will include control elevations for the pump station and all adjustable water control structures. The City of Sebastian's Parks and Recreation Department will continue maintenance of open areas by mowing and provide maintenance as needed to eradicate any invasive exotic plant species at the park. 10 Final SJRWMD Approved March 2009 323 of 435 This designed storm water treatment train will provide a cleaner final outfall to the Collier Canal Waterway, which discharges into the St. Sebastian River, a designated surface water improvement and management (SWIM) priority water body designated by the State of Florida. 2.3 Natural Communitv Habitat Assessment Any mitigation in the natural communities that exist on District owned land must be approved in writing by the District and must be held to full cost accounting. Upland Scrub and Pine Hardwoods. There are 18.54 +/- acres of scrub habitat, containing well drained or moderately well drained soil types. This scrub category represents a conglomeration of species found in the upland area. Melaleuca is considered an exotic and aggressively invasive species that along with Brazilian Pepper or any other invasive exotic species will overtake an area. It is an indicator of prior disturbance. Removal of this species and restoration of the habitat as its intended condition can support the Florida Scrub Jay. The Florida Scrub Jay (Aphelocoma coerulescens) and the Gopher Tortoise (Gopherus polyphemus) presently occupy this area. Also, this scrub vegetation community occurs within a matrix of poor to moderately well drained flat woods with isolated wetlands and produces a well-defined community to support the Florida Scrub Jay, and other endangered, threatened, or species of special concern. This community relies on fires that should be completed by mosaic type prescribed burns, with no more than 20% of the community burned at one time. Conducting mosaic prescribed burns in the fire dependant natural communities in this area may not be a feasible option due to the proximity of the large adjacent residential area. Necessary roller chopping as a management alternative will provide for restoration and maintenance of this habitat for its intended condition. Existing ecological communities of the same type are located adjacent to the park offering a higher probability of dispersal of species. The City of Sebastian and Indian River County, by joint agreement, have an existing Habitat Conservation Plan (HCP) that was adopted in March of 2000. A 2002 HCP developed for the Adams parcel by St. Johns Water Management District, provides for the preservation and management of existing conservation habitat at the storm water park. That 2002 HCP management plan outlines scrub jay surveys, vegetation monitoring and nuisance species control for a five-year period expiring in 2008. Working with U S Fish and Wildlife Service, the management of the 18.54 acre of scrub habitat may be included into the City of Sebastian Area Wide Scrub Jay Habitat Management Plan (HCP) to increase the amount of conservation scrub habitat in the City, as additional scrub jay compensation areas, by providing annual wildlife surveys, vegetation monitoring using forestry best management practices, and nuisance species control to create optimal scrub jay habitat conditions and dispersal area. Final SJRWMD Approved March 2009 324 of 435 Wetlands The wetland areas of the site represent a combination of wetlands and surface water ponds, of which .30 acre of forested wetland was filled. A combination of re -hydrated freshwater forested/shrub wetland and freshwater emergent wetlands like the Cabbage Palm Hammock Mixed Shrub Wetland, Hydric Hammock and Grass/Sedge Marsh are the community types of wetlands associated with the storm water park to comprise approximately 30 acres of wetland habitat that provides nesting, resting, and feeding sites for a variety of migratory birds, as well as many species of reptiles and amphibians that use wetlands during certain stages of their life cycle or throughout their entire lives. The Southeastern American Kestrel (Falco sparverius Paulus) has been noted to occupy the Southern Mixed Shrub Wetland. The transition area adjacent to this wetland supports a family of three Red Shoulder Hawks. A family of River Otters (Lutra canadensis) and several migratory bird species were also noted utilizing the wetland and surfaces waters of the storm water park. Prescribed bums may decrease the amount of encroaching shrubby vegetation, but care must be given to the wetland muck areas or organic soils, as fire can destroy the muck layer, prevent regeneration of natural existing species, and cause a succession into woody plant species. Forested Uplands Pine Flatwoods are common in this region of Florida. The Flatwoods under -story species is normally dominated by saw palmetto, and interspersed with wax myrtle, and gall bevy. A wide variety of herbs and brush make up the ground cover. A variety of species utilize this habitat. Thinning conducted prior to acquisition, wildfire, and previous storm damage has reduced the stocking of pines. The community became similar to Palmetto Prairie as a result. In some areas, adequate mature trees survived to serve as a seed source. It appears that regeneration is occurring naturally, however Florida Statute requires public agencies to evaluate lands they manage for timber production. No timber harvests are planned at the storm water park. Thinning of canopy species may become necessary to maintain health of natural communities. Mosaic prescribed burns are needed within the 1-2 year time frame to reduce the herbaceous ground cover in some areas. Within year 1, roller -chopping the saw palmetto should occur then allow for drying time. City staff will evaluate and monitor the progress of regeneration for forest stand improvement. Live Oak community is often referred to as Upland Temperate Hammock, this forest community is one in which live oak is either pure or predominant. The principal associates of this cover type include sweet gum, magnolia, holly and laurel oak. This community is found along the upper banks of the adjacent surface water bodies, which 12 Final SJRWMD Approved March 2009 325 of 435 support species of all types. The Gopher Tortoise (Gopherus polyphemus) was identified as an occupant of this community. Working in conjunction with the Division of Forestry to establish a prescribed burn plan will benefit these communities with minimal impact to the stormwater park and adjacent residential properties. Normally the Division of Forestry will conduct the mosaic bums during the early fall season, paying special attention to the wind direction and uplift patterns to decrease smoke issues. Upland wildlife habitat and management treatments will be conducted to maintain and conserve these natural areas. Management of areas where adjacent ecological communities come together, called transition zones, will be maintained as fire breaks, access points and/or food plots. Most of these zones currently exist. With proper management regimes, the natural areas will be preserved and serve to protect existing natural resources, archaeological or historical sites if any are found, wildlife habitat, recreational and aesthetic values. 3.0 CONSERVATION MANAGEMENT 3.1 Invasive & Exotic Species Due to the nature of disturbances to curate the storm water park, native and non-native invasive species may invade these areas. Maintenance control is necessary to prevent proliferation of invasive exotic and nuisance plant species, listed by the State of Florida. This can be conducted using herbicidal or mechanical applications. The species most problematic to the storm water park are Brazilian Pepper, Melaluca, Willow, and Cogon Grass. More information is found below: The Brazilian Pepper (Schinus terebinthifolius) can be effectively removed by utilizing the basal bark application method. After cutting as close to the ground as possible, the herbicide should be applied as carefully as possible to the thin layer of living tissue, called the cambium which is just inside the bark where it translocates into roots and stems for complete control. The removal of Brazilian Pepper should be conducted annually between May -October to prevent regeneration of seedlings. Cogon Grass (Imperata cylindrica) exists due to the disturbance from construction of the storm water park. It is invasive and may result in mortality to the future of over story trees in the Pine Flatwoods community due to the flammable oils in the blades of this grass type, causing intensive heat during prescribed bums and reduction of regenerating pines. Herbicidal applications completed after mowing and prior to seed production by cogon grass will reduce the emergence and control maintenance costs. Foliar spraying may be used for extensive weed control areas but not recommended for use adjacent to other plant species that are non-invasive, wetland or surface water body. 13 Final SJRWMD Approved March 2009 326 of 435 Mechanical methods such as mowing or cutting with heavy equipment can be conducted in larger areas. The introduction of plants or animals to the storm water park is prohibited unless done pursuant to a land management activity, or permitted by the Florida Fish and Wildlife Conservation Commission per Florida Administrative Code Chapter 68-5. Monitoring, treatment and control of exotic species is problematic and requires long-term commitment, but vital to maintaining the ecological integrity of natural communities. 3.2 Water Resources The storm water park is located in a dominant urbanized landscape, which may have potential impacts on the water resources at the park. City staff, to identify any potential impacts to the aquatic community, will conduct storm event water sampling of certain parameters, such as temperature, dissolved oxygen, and turbidity. The surrounding urban stormwater runoff control and the treatment design of the storm water park will continue. A new monitoring well has been constructed at the storm water park. It is located on the Northwestern portion of the site. It will assist the St Johns River Water Management District staff in the effects of status monitoring, basin assessments, and regulatory permitting. The following operational maintenance activities will be performed by the City on all storm water systems: Removal of trash and debris. D Inspection of inlets and outlets. D Removal of sediments or nuisance vegetation when the storage volume or conveyance capacity of the stormwater management system is below design levels, which allows easier access. D Stabilization and restoration of eroded areas. Within 24 hours of a storm event, conduct inspections and make necessary repairs. The City will inspect, repair, replace and manage the pump system or enter into an annual service contract. These maintenance activities will assist in protection of the water quality and quantity for the basin area. 3.3 Federal and State Protected Species The storm water park has ecological communities that support endangered, threatened, and species of special concern. The species list is located in Appendix A 14 Final SJRWMD Approved March 2004 327 of 435 4.0 RECREATIONAL USES 4.1 Accessibility The storm water park shall be open to the public for access on foot at all points as shown on the recreational map (Figure 3) except where restricted as needed, by signage. The storm water park shall be closed to the public during emergency conditions such as floods, severe weather events, wildfires, or during prescribed burns, construction or other land management activities that may represent a danger to the public. 4.2 Recreational Activities ➢ Parking is currently provided at the Englar Drive entrance on the outside of the gate. An opening is provided for entrance to enjoy passive type recreational activities. ➢ Dogs, cats and other domestic animals of a similar nature, excluding horses or other livestock, are allowed in the stormwater park provided that such animals must be leashed and in owners control, at all times. ➢ Hiking is allowed at the stone water park except in areas that may be restricted by signs. For the purposes of this subsection, hiking shall include jogging, bird watching, or any other activity where travel is by foot only. ➢ Bicycling is allowed at the storm water park but only on designated trails or areas. ➢ Concessions could be located at the storm water park to serve the interest of the public by special use authorization from the City. The City may enter into a negotiated agreement to establish and operate a temporary concession at the storm water park if it is necessary to fulfill a need in the interest of the public and will assist the City in providing for public uses of the park in an environmentally acceptable manner, if it will be economically feasible. This would give the City opportunities to generate revenue to offset management expenses. 15 Final SJRWMD Approved March 2009 328 of 435 5.0 CONTROL & MANAGEMENT 5.1 Security The primary objective for managing the plant and animal populations in the storm water park is to promote ecological and recreational opportunities and to prevent prohibited activities in the park. Security for the park will be provided by the City of Sebastian Police Department by patrolling the property to discourage illegal activities and checking that the fences, gates, and boundary markings are in tact. The access gates will be locked at all times, except where the City or Law Enforcement needs to gain access. 5.2 Rules & Resulations ➢ Feral (wild) dogs and cats are prohibited in the stormwater park. ➢ Use of motorized vehicles, recreation vehicles, motorized and nonmotorized boats and aircraft is prohibited except for local and state law enforcement vehicles, District vehicles, and City approved maintenance access as needed. Boating is prohibited due to the contaminated nature of the water and due to public safety related to heavy stormwater treatment system equipment. Special use authorizations for boating may be considered by the City for scientific, resource, or investigational purposes. The entrances will be posted to notice the public that all boating is prohibited. ➢ Swimming or diving is prohibited due to the contaminated nature of the water. Special use authorizations for swimming or diving may be considered by the City for scientific, resource management, or investigational purposes. The entrances will be posted to notice the public that swimming is prohibited. ➢ All fishing is prohibited on the property due to the contaminated nature of the water. Special use authorizations for fishing may be considered by the City for scientific, resource management, or investigational purposes. The entrances will be posted to notice the public that fishing is prohibited. ➢ Disposal or discharge of any waste such as litter or hazardous substances outside of designated waste collection containers is prohibited. ➢ The unauthorized removal or destruction of facilities or equipment is prohibited. This includes water control structures, scientific study plots, photo points, transect lines, survey markers, public buildings, towers, recorders, gages, signs, gates fences, or monuments. ➢ The unauthorized removal or alteration of flora or fauna is prohibited. D The removal, alteration or destruction of any archaeological or cultural resources is prohibited except as authorized by a City initiated removal conducted for scientific or land management purposes. The City shall consult the Florida Department of State, Division of Historical Resources 17 Final SJRWMD Approved March 2009 330 of 435 prior to authorizing the removal, alteration or destruction of any archeological or cultural resources at the storm water park. Archaeological or cultural resources means associated physical remnants and features contained in the ground including artifacts, fossils, bones, shell mounds, or primitive culture facilities or items. Any person discovering archaeological or cultural resources at the storm water park shall immediately notify the City of such discovery. There are no historical sites known to exist on the property at this time. ➢ The possession or use of firearms, paint ball guns, fireworks or similar equipment such as any device capable of mechanically propelling an arrow, spear or other projectile is prohibited except as authorized by the City. ➢ Posting or distributing handbills or circulars, or posting, placing, or erecting any bills, notices, papers, signs or advertising devices or informational matter of any kind, is prohibited except as authorized by the City. D The City prohibits igniting any fire, or camping at the stone water park except as authorized by the City. ➢ Trapping and commercial fishing is prohibited at the storm water park except where specifically authorized by the City in conjunction with the Florida Fish and Wildlife Conservation Commission, which shall be limited to scientific study or removal of nuisance species. 18 Final SJRWMD Approved March 2009 331 of 435 6.0 IMPLEMENTATION CHART TASK 1.:,0 i , a X OCCURANCE COOPERATORS RMURCE PROTECTION AND LEAD MANAGEMENT Folm At Basal Bark Cos Ongoing Treatment Mowing, Trfmtaing Cos Omgolag se miry COS Ongoing FWS Restuttnoo COS 1 yr DOF, FWS Lkted Species COS 1 yr FWS, IRC Plants & Animals Water Resomees COS Fire Mmagement COS Ongoing SJRWMD 1 yr, 3 yr DOF, FWS Key Comin a to er 6cw exotic tad imasive regetadoa with meehankal chemical or by hmd namun a. Continue to keep main moe aced mcmatbaal patbxtys ckared, trim trey as Ut&d. Maintain sfgnagt, fetters and gates. Coosdmate with City Police Departtneot for regular survemance of the property. Reput evidetwe of poaching and other Wells! sceMty to local law eafartxmeat mad provide them with support as aec&& Develop and impkmto a &e management plan to Wade bum noses to order to mat ft6 and restore tmtiveeato unhystetetures Comimtetolosyeet rsstmuion faitiativrL Conduct stnveys in key communities to support habitu amnsgcmew Continue to maituain and build upon sparks list. Menage stumwater park and associated equipmrnt Continue to otoniia bydrokrgic effects. City staff will conduct inspection and water sampling alto stem events, and compile waltad monitoring dm mm -I Followmi pmcnbed burn ptao, maina fire breaks in close pol Rolla chop am of fsett" 3 yr•Syr sebeduliog allows fu vegetative rcfuctin& COS City of Sebastian SJRWMD St John' s River Water Management District FWS US Fish & Wildlife IRC Indian River County DOF Division of Forestry 19 Final SJRWMD Approved March 2009 332 of 435 APPENDIX A LISTED ANIMALS Note: State and Federally listed wildlife species that may utilize the Sebastian Storm Water Park. T-Threatened, E-Endangered, SSC-Species of Special Concern, *-Not Federally Listed, C2-Candidate for future listing possible. USFWS-U.S. Fish & Wildlife Service FGFWFC-Florida Game & Freshwater Fish Commission Scientific Name Common Name Status USFWS FGFWFC BIRDS Aphelocoma coerulescens Florida Scrub Jay T T Falco sparverius paulus Southeastern American T C2 Kestrel Pandion haliaetus Osprey * SSC Grus canadensis pratensis Florida Sandhill Crane * T MWeria americana Woodstork E E Egretta caerulea Little Blue Heron * SSC Egretta guarana Limpkin * SSC Egretta tricolor Tricolored Heron * SSC Eudocimus albs White Ibis * SSC AMPHIBIANS/REPTILES Gopherus polyphemus Florida Gopher Tortoise T T Drymarchon corais couperi Eastern Indigo Snake T T Pituophis melanoleucus Florida Pine Snake C2 SSC Mugitus Rana capito aesopus Florida Gopher Frog C2 SSC MAMMALS Polomysfloridanus Florida Mouse C2 SSC 20 Final SJRWMD Approved March 2009 333 of 435 APPENDIX B FNAI PLANTS, ANIMALS & COMMUNITIES LIST Note: This is not a comprehensive list of all species and natural communities occurring in this location. Only occurrences documented in the FNAI database are included. Species indigenous to beach dune, coastal strand, and maritime hammock habitats were removed, unless the species would rely on flora and fauna of these communities. SEBASTIAN STORM WATER PARK INDIAN RIVER COUNTY Last updated: 3une 2008 Plants and Lichens Sclentiflc Name Common Name Global State Federal State Rank Rank Status Status Conradina grandil9ora Large -flowered G3 S3 N LT Rosemary Dicerandra immaculate Lakela's Mint GI S1 LE LE Trdandsla UtrlcWata Giant Wild Pine G? S? LE Hanisia simnsonli Simpson's Prickly G2 S2 N LE Apple iechea cernua Nodding Pinweed G3 S3 N LT Oahloalossum valmatum Hand Fern G4 S2 N LE Vittada !Insets Shoestring Fern G? G? ? LE grasshegpgrs and Allies Scientific Name Common Name Global State Federal State Rank Rank Status Status Nelanoolus Indlclfer East Coast Scrub G1G2 S1S2 N N Grasshopper 21 Final SJRWMD Approved March 2009 334 of 435 Beatles Scientific Name Common Name Global State Federal State Rank Rank Status Status Anhodlus troaladdes Gopher Tortoise GNR S2S3 N N Aphodius Beetle ,amphibians Sdent fic Name Common Name Global State Federal State Rank Rank Status Status Rana coalto Gopher Frog G3 S3 N LS Reptiles Sdentific Name Common Name Global State Federal State Rank Rank Status Status AlWatormisslssinplensis American Alligator G5 S4 SAT LS Drvmarchon coupe ri Eastern Indigo G3 S3 LT LT Snake Gopherus nolvohemus Gopher Tortoise G3 S3 N LT Lamnrxwft aetula Common G5 S2S3 N N Kingsnake Elaphe guttata Red Rat Snake G? G? ? LS Birds Scientific Name Common Name Global State Federal State Rank Rank Status Status Acdolter c000eri! Cooper's Hawk G5 S3 N N Almoohpa aestiva!!s Bachman's G3 S3 N N Sparrow Ammodramus savennamm ticddenus Florida GST1 S1 LE LE Grasshopper Sparrow Aphelocome coerulescens Florida Scrub -Jay G2 S2 LT LT Anas fulvlaula Mottled Duck Aramus auarsune umpkin G5 S3 N LS 22 Final SJRWMD Approved March 2009 335 of 435 Ardea alba Great Egret G5 S4 N N Ames hemdlas ocddentalis Great White Heron GST2 S2 N N filods Sdentific Name Common Name Global state Federal State Athens cunfculmrfa florldana Rank Rank Status Status Eareffa caerulea Little Blue Heron G5 S4 N LS Earetta mfescens Reddish Egret G4 S2 N LS Earetta thuls Snowy Egret G5 S3 N LS Earelta tricolor Tricolored Heron G5 S4 N LS Elanoides forfraatus Swallow-tailed Kite GS S2 N N Birds 'jentific Name Common Name Global State Federal State Rank Rank Status Status Eudocimus a/bus White Ibis G5 S4 N LS Falco columbarlus Merlin G5 S2 N N Falco nereorinus Peregrine Falcon G4 S2 N LE Falco parvedus Paulus Southeastern GST4 S3 N LT American Kestrel Grus canadensis pratensis Florida Sandhill G5T2T3 S2S3 N LT Crane Haifaeetus leucoceohalus Said Eagle G5 S3 N LT lwbrvchus exllls Least Bittern G5 S4 N N latarallus famafcensis Black Rail G4 S2 N N Qgvcteda americans Wood Stark G4 S2 LE LE 23 Final SJRWMD Approved March 2009 336 of 435 Nyctanasm ylolacea Yellow -crowned GS S3 N N Night -heron NWW;Mrax nycdcorax Black -crowned G5 S3 N N Night -heron Birds Sdentific Name Common Name Global State Federal State Rank Rank Status Status Pandlon hallsetus Osprey G5 S3S4 N LS* Picot es yUbsus Halry Woodpecker G5 S3 N N Pleaadls faldne/lus Glossy Ibis G5 S3 N N yireo altllo_nuus Black -whiskered G5 S3 N N Vireo Mamma16 Sdentifia Name PadAmys fid danus Common Name Global State Federal State Rank Rank Status Status Florida Mouse G3 S3 N LS Common Name Global State Federal State Rank Rank Status Status G4 S4 N N G3? S2 N N G4 S4 N N G2 S2 N N G3 S3 N N Definition of Global (G) element ranks: G1 = Cridcafly imperiled globally because of extreme rarity (5 or fewer occurrences or very little remaining area, e.g., <2,000 acres) or because of some factor(s) making It especially vulnerable to extinction; G2 = Imperiled globally because of rarity (6-20 occurrences or very little remaining area, e.g., <10,0D0 acres) or because of some factor(s) making it very vulnerable to extinction throughout its range; 24 Final SJRWMD Approved March 2009 337 of 435 G3 = Either very rare and local throughout its range or found locally (even abundantly at some of Its locations) in a restricted range or because of other factors making it vulnerable to extinction throughout its range, 21 to 100 occurrences; G4 = Apparently secure globally, though it may be quite rare in parts of its range, especially at the periphery; G5 = Demonstrably segue globally, though it may be quite rare In parts of its range, especially at the periphery, G? = uncertain Global rank. Definition of State (S) element ranks: S1 = Critically imperiled In state because of extreme rarity (5 or fewer occurrences or very little remaining area) or because of some factor(s) making It especially vulnerable to extinction; S2 = Imperiled in state because of rarity (6-20 occurrences or little remaining area) or because of some factors) making it very vulnerable to extinction throughout it range; S3 = Rare or uncommon in state (on the order of 21 to 100 occurrences); S4 = Apparently secure In state, although it may be rare in some parts of its state range; S5 = Demonstrably secure in state and essentially ineradicable under present conditions; S? = uncertain State rank. 25 Final SJRWMD Approved March 2009 338 of 435 APPENDIX C ECOLOGICAL COMMUNITY OCCURRENCE BY SOIL SERIES NATURAL RESOURCES CONSERVATION SERVICE Note: Soil series are based on pre construction conditions of the ecological community types. These are based on the Soil Conservation Service (SCS) Communities, not the Florida Land Use, Cover and Forms Classification System (FLUFCS). (Figure 4) Soil Type/Symbol Chobee Loamy Fine Sand (2) Immokalee Fine Sand (4) Immokalee Fine Sand, depress ional Oldsmar Fine Sand (6) Oldsmar Fine Sand, depressional Riviera Fine Sand (10) Riviera Fine Sand, depressional Pineda Fine Sand (16) Pineda Fine Sand, thermic variant Arents, 0 to 5 percent slopes (23) Malabar Fine Sand (39) Malabar Fine Sand, depressional Holopaw Fine Sand (47) (Altered, pre construction) Final SJRWMD Approved March 2009 Ecological Community Type Cypress Swamp Swamp Hardwoods Freshwater Marsh & Ponds South Florida Flatwoods Freshwater Marsh & Ponds South Florida Flatwoods Cabbage Palm Flatwoods Freshwater Marsh & Ponds Cabbage Palm Flatwoods Wetland Hardwood Hammock Slough Cypress Swamp Cypress Hardwood Freshwater Marsh & Ponds South Florida Flatwoods Slough Wetland Hardwood Hammock Slough Normally disturbed by human events, not attributed to specific horizons South Florida Flatwoods Slough Freshwater Marsh & Ponds Cypress Swamp Wetland Hardwood Hammock Slough 26 339 of 435 un w SEW'S_FIAN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetine Date: December 13, 2023 Aeenda Item Title: Shenandoah Slip lining at four locations along Schumann Drive Recommendation: Staff recommends Council approve the proposals provided by Shenandoah to complete investigation and slip lining repairs of failed culvert piping at four locations along Schumann Drive at Sebastian Elementary School Crossing, Capri Avenue, Admiral Circle, and Dahl Avenue for a total of $134,745.10 and authorize City Manager to execute the appropriate documents. BacUround: Slip lining is a common practice at the City of Sebastian to repair Stormwater drainage pipes in high impact areas. Using slip lining to repair drainage structures in place, instead of pipe removal and replacement, prevents damage to City property and drastically shortens road closures. Per previous City Council approval, we have been piggybacking the Broward College's Storm Drain Cleaning, Repairs & Maintenance contract and its extensions, which include slip lining services and pricing. The current Broward College contract extends through November 26, 2024. We are requesting City Council approval to move forward with camera investigation and slip lining repair of 30 linear feet at Sebastian Elementary School Crossing, 109 linear feet at Capri Avenue and Schumann Drive, 97 linear feet at Admiral Circle and Schumann Drive, and 104 linear feet at Dahl Avenue and Schumann Drive, A drainage investigation was completed by the City of Sebastian to plan drainage repairs along Schumann Drive prior to the upcoming roadway rehabilitation plans. All of these repair locations were determined during the initial drainage investigation and pricing proposals for each of the four individual locations are attached for reference. If Auenda Item Reauires Expenditure of Funds: Budgeted Amount: $165,000 Total Cost: $134,745.10 Funding: Stormwater Revenue Fund Attachments: 1. Shenandoah Proposal #P32412 — Sebastian Elementary School Crossing 2. Shenandoah Proposal #P32559 — Capri Avenue and Schumann Dr. 3. Shenandoah Proposal #P32650 —Admiral Circle and Schumann Dr. 4. Shenandoah Proposal #P32561-• Dahl Avenue and Schumann Dr. Administrative Services Departm nt Review:'` City Attorney Review: Procurement Division Review, if applicable: City Manager Authorization: Date: %��� /.� aa� 345 of 435 Fags 1 of ? rSHENANDOAH 1888 NW 22nd Street Pipe Inspection & Restoration Specialist Pompano Beach, FL, 33069 (772) 202-3260 4ishenandoahus.com DATE: November 16, 2023 PROPOSAL #P32412 SUBMITTED TO: Sebastian Public Works, City of STREET: 1225 Main Street CITY, STATE & ZIT: Sebastian, FI 32958 PHONE: (772) 228-7056 FAX: (772) 228-7077 EMAIL: ppatnode@cityofsebastian.org JOB NAME: Sebastian Elementary School Crossing ATTENTION: Phil Patnode We propose to furnish a crew and all necessary equipment to clean, televise, and install 54" CIPP at the above mentioned job location. This work will be performed at our following hourly and/or unit prices: Mobilization Heavy Cleaning 54" Storm Drain Video Observation 49-72" Install 54" CIPP Track or wheeled Excavator Equipment Operator Construction Foreman Laborers Estimated Total: (at $300.00 Each) 1 Each $300.00 (at $19.00 Per L.F.) 30 L.F. $570.00 (at $20.00 Per L.F.) 30 L.F. $600.00 (at $541.32 Per L.F.) 30 L.F. $16,239.60 (at $50.00 Per Hour) 16 hour(s) $800.00 (at $150.00 Per Hour) 16 hour(s) $2,400.00 (at $55.00 Per Hour) 16 hour(s) $880.00 (at $35.00 Per Hour) 48 hour(s) $1,680.00 $23,469.60 The pricing on this proposal is based off of a piggyback of Shenandoah Construction's Broward College Storm Drain Cleaning, Repairs, and Maintenance RFP-2018-167-EH NOTE: Due to the fragile condition of the existing pipe(s), the possibility of the pipe collapsing exists during the construction phase. If this unlikely event occurs, we will provide you with an additional estimate for a necessary point repair to complete the lining process. Due to the poor condition of the original host pipe, residual settling may appear at the surface grade, post lining. This condition is not covered under warrantee. This proposal may be withdrawn if not accepted within 30 days. Payment terms net 30 days. (If we encounter an Insurance compliance fee requirement, this fee will be invoiced in addition to the above rates.) All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Price above is only an estimate of foreseen conditions. Unforeseen conditions can affect the amount of time to complete the work, therefore increasing or decreasing estimate. A]I agreements are contingent upon strikes, accidents or delays beyond our control. Unless noted above engineering, permits, testing and bonds are not included in the pricing. Owner is to carry fire, tornado and other necessary insurance. Our workers are fully covered by Workman's Compensation Insurance. Parties to this proposal/contract expressly waive all tort claims against each other and limit their remedies to breach of contract. SIGNATURE: SHENANDOAH GENERAL CONSTRUCTION CO. Louis Woska TITLE DATE Estimator 11/16/2023 ACCEPTANCE OF PROPOSAL / SIGN & RETURN The above prices, specification and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. SIGNATURE: COMPANY NAME: REPRESENTATIVE: DATE: TITLE: 346 of 435 Page i of 1 r'SHENANDOAH 1888 NW 22nd Street Pipe inspection & Restoration Specialist pompano Beach, FL, 33069 (772) 202-3260 Shen andoahus.com DATE: December 04, 2023 PROPOSAL #P32559 SUBMITTED TO: Sebastian Public Works, City of STREET: 1225 Main Street CITY, STATE & ZIP: Sebastian, Fl 32958 PHONE: (772) 228-7056 FAX: (772) 228-7077 EMAIL. ppatnode@cityofsebastian.org 70B NAME: Capri and Schumann Dr. ATTENTION: Phil Patricide We propose to furnish a crew and all necessary equipment to clean, televise, and install 48" CIPP at the above mentioned job location. This work will be performed at our following hourly and/or unit prices: Mobilazation (at $300.00 Each) 1 Each $300.00 Medium Cleaning and Sediment Removal 48" (at $3.50 Per L.F.) 109 L.F. $381.50 Storm Drain Video Observation 0-48" (at $6.00 Per L.F.) 109 L.F. $654.00 Install 48" CIPP (at $346.55 Per L.F.) 109 L.F. $37,773.95 Estimated Total: $39,109.45 The pricing on this proposal is based off of a piggyback of Shenandoah Construction's Broward College Storm Drain Cleaning, Repairs, and Maintenance RFP-2018-167-EH NOTE: Due to the fragile condition of the existing pipe(s), the possibility of the pipe collapsing exists during the construction phase. If this unlikely event occurs, we will provide you with an additional estimate for a necessary point repair to complete the lining process. Due to the poor condition of the original host pipe, residual settling may appear at the surface grade, post lining. This condition is not covered under warrantee. This proposal may be withdrawn if not accepted within 30 days. Payment terms net 30 days. (If we encounter an Insurance compliance fee requirement, this fee will be invoiced in addition to the above rates.) All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Price above is only an estimate of foreseen conditions. Unforeseen conditions can affect the amount of time to complete the work, therefore increasing or decreasing estimate. All agreements are contingent upon strikes, accidents or delays beyond our control. Unless noted above engineering, permits, testing and bonds are not included in the pricing. Owner is to carry fire, tornado and other necessary insurance. Our workers are fully covered by Workman's Compensation Insurance. Parties to this proposal/contract expressly waive all tort claims against each other and limit their remedies to breach of contract. SIGNATURE: SHENANDOAH GENERAL CONSTRUCTION CO. Louis Woska TITLE DATE Estimator 12/04/2023 ACCEPTANCE OF PROPOSAL / SIGN & RETURN The above prices, specification and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. SIGNATURE: COMPANY NAME: REPRESENTATIVE: DATE: TITLE: This document is the property of Shenandoah General Construction 11 is intended only far the use of the individual or entity to which it is addressed and may contain informalion that is non•pubtic. proprielary, privileged. confidenfial and exempt from disclosure under applicable law or rnay constitute as attorney work product. if you are not the intended recipient. you are hereby notlhed chat any use. dissernirtafion. distribution or copying of flris communication of this document is stricify prohibited. if you have received this document ill error. notify us immediately by telephone (954) 075-0098 or Email. help@shenaridoahus.com and destroy this document wirnediatefy. i thar is electronic communication thou delete immediately, � / OI 435 Page i of i rSHENANDOAH 1888 NW 22nd Street Pipe Inspection & Restoration Specialist Pompano Beach, FL, 33069 (772)202-3260 Woi shenandoahus.com DATE: December 04, 2023 PROPOSAL #P32560 SUBMITTED TO: Sebastian Public Works, City of STREET: 1225 Main Street CITY, STATE & ZIP: Sebastian, Fl 32958 PHONE: (772) 228-7056 FAX: (772) 228-7077 EMAIL: ppatnode@cityofsebastian.org JOB NAME: Admiral and Schumann 48" ATTENTION: Phil Patnode We propose to furnish a crew and all necessary equipment to clean, televise, and install 48" CIPP at the above mentioned job location. This work will be performed at our following hourly and/or unit prices: Mobilization (at $300.00 Each) 1 Each S300.00 Medium Cleaning and Sediment Removal 48" (at $3.50 Per L.F'.) 97 L.F. $339.50 Storm Drain Video Observation 0-48" (at $6.00 Per L.F.) 97 L.F. $582.00 Install 48" CIPP (at $346.55 Per L.F.) 97 L.F. $3 3,615.35 Estimated Total: $34,836.85 The pricing on this proposal is based off of a piggyback of Shenandoah Construction's Broward College Storm Drain Cleaning, Repairs, and Maintenance RFP-2018-167-EH NOTE: Due to the fragile condition of the existing pipe(s), the possibility of the pipe collapsing exists during the construction phase. If this unlikely event occurs, we will provide you with an additional estimate for a necessary point repair to complete the lining process. Due to the poor condition of the original host pipe, residual settling may appear at the surface grade, post lining. This condition is not covered under warrantee. This proposal may be withdrawn if not accepted within 30 days. Payment terms net 30 days. (If we encounter an Insurance compliance fee requirement, this fee will be invoiced in addition to the above rates.) All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Price above is only an estimate of foreseen conditions. Unforeseen conditions can affect the amount of time to complete the work, therefore increasing or decreasing estimate. All agreements are contingent upon strikes, accidents or delays beyond our control. Unless noted above engineering, permits, testing and bonds are not included in the pricing. Owner is to carry fire, tornado and other necessary insurance. Our workers are fully covered by Workman's Compensation Insurance. Parties to this proposal/contract expressly waive all tort claims against each other and limit their remedies to breach of contract. SIGNATURE: SHENANDOAH GENERAL CONSTRUCTION CO. Louis Woska TITLE DATE Estimator 12/0412023 ACCEPTANCE OF PROPOSAL / SIGN & RETURN The above prices, specification and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. SIGNATURE: COMPANY NAME: REPRESENTATIVE: DATE: TITLE: This dmument is the property of Shenandoah Genera! Construction It is intended wily far the use of the individual or enlify to which it is adoressed and may cottain information that is non-public. proprietary. privileged. confidential and exempt front disclosure under applicable law or may conshtule as attorney work product. Ifyou are not the lnicnded recipient. you are hereby notified that any use. dissetnination. disttibution or copying of this communication of this document is strictly prohibited. It you have received this doctrinent in error, notify us immediately by telephone (954) 075-O0@6 or Email help@shenandoahus corn and destroy this document immediately. il�t�+g Hr435 electronic cornaurnicaiion then datete irnmedialely. Page 1 of 1 r'SHENANDOAH 1888 NW 22nd Street Pipe Inspection & Restoration Speciatist pompano Beach, FL, 33069 (772) 202- 3260 Woi shenandoahus.com DATE: December 04, 2023 PROPOSAL #P32561 SUBMITTED TO: Sebastian Public Works, City of STREET: 1225 Main Street CITY, STATE & ZIP: Sebastian, FI 32958 PHONE: (772) 228-7056 FAX: (772) 228-7077 EMAIL: ppatnode@cityofsebastian.org JOB NAME: Dahl and Schumann 48" ATTENTION: Phil Patnode We propose to furnish a crew and all necessary equipment to clean, televise, and install 48" CIPP at the above mentioned job location. This work will be performed at our following hourly and/or unit prices: Mobilization (at $300.00 Each) 1 Each $300.00 Medium Cleaning and Sediment Removal 48" (at $3.50 Per L.F.) 104 L.F. $364.00 Storm Drain Video Observation 0-48" (at $6.00 Per L.F,) 104 L.F. $624.00 Install 48" CIPP (at $346.55 Per L.F.) 104 L.F. $36,041.20 Estimated Total: $37,329.20 The pricing on this proposal is based off of a piggyback of Shenandoah Construction's Broward College Storm Drain Cleaning, Repairs, and Maintenance RFP-2018-167-EH NOTE: Due to the fragile condition of the existing pipe(s), the possibility of the pipe collapsing exists during the construction phase. If this unlikely event occurs, we will provide you with an additional estimate for a necessary point repair to complete the lining process. Due to the poor condition of the original host pipe, residual settling may appear at the surface grade, post lining. This condition is not covered under warrantee. This proposal may be withdrawn if not accepted within 30 days. Payment terms net 30 days. (If we encounter an Insurance compliance fee requirement, this fee will be invoiced in addition to the above rates.) All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Price above is only an estimate of foreseen conditions. Unforeseen conditions can affect the amount of time to complete the work, therefore increasing or decreasing estimate. All agreements are contingent upon strikes, accidents or delays beyond our control. Unless noted above engineering, permits, testing and bonds are not included in the pricing. Owner is to carry fire, tornado and other necessary insurance. Our workers are fully covered by Workman's Compensation Insurance. Parties to this proposal/contract expressly waive all tort claims against each other and limit their remedies to breach of contract. SIGNATURE: SHENANDOAH GENERAL CONSTRUCTION CO. Louis Woska TITLE DATE Estimator 12104/2023 U91*40 F `kro KiaAT3iXiI�WffsY[eJ1U1q:icyK-U:R The above prices, specification and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. SIGNATURE: COMPANY NAME: REPRESENTATIVE: DATE: TITLE: This dounnent is Vic properly of Shenandoah General Construction, It is intended only for the use of Ili& individual or entity to witch it is addressed and may contain intormatior: rhaf is non-public, proprietary, privileged, confidential and exempt from disclosure under applicable law or may constilute as attorney work product. It you are rrol the Intended recipienl. you are hereby notified that any use, dissemination-,. distribution or copying of this communication of this document is stricrly prohibited. If you have received this document in error, notify us immediately by tefephone (954) 075-0098 or Email help(t)shenandoahus.corn and deshroy this document immediately. if l�i�i��t435 electronic cominumcation then delete immediately. tWO SERAS??AN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetine Date: December 13, 2023 Agenda Item Title: Approval of Resolution R-23-36; approval of Amendment #1 to the FDOT Public Transportation Grant Agreement (PTGA) for Runway 05-23 Rehabilitation; and approval for the City Manager to execute the appropriate documents. Recommendation: Stan recommends approval of Resolution R-23-36; approval of Amendment #1 to Public Transportation Grant Agreement FM451510-1-94-01 which reflects additional State funding for the Rehabilitation of Runway 05-23 with Lighting, Improvements at Sebastian Municipal Airport; and approval for the City Manager to execute the appropriate documents. Rackp- round: The current Runway 05-25 Pavement Condition Index average is below 69, which falls into a "Fair" rating and it is forecasted to continue deteriorating. FAA and FDOT Maintenance Policies recommend a Major Rehabilitation that will bring the Runway surface condition back up to a 100 rating. There have been two increases in the expected cost of this project. This Resolution will accept an amendment to the FDOT 5% grant portion commitment, to increase it from the previously approved $158,546.00 to $185,000.00 based on the latest total expected cost. An amendment to the FAA 90% grant portion was previously amended by Resolution R-23-15 on July 12, 2023 from $2,853,818.00 to $3,066,881.09 based on the expected cost at that time. Staff has obtained assurance from FAA that funding an additional $263,10991 to bring it from $3,066,881.09 to $3,329,990.00 for 90% of the latest estimated cost is possible should the: total cost actually reach $3,699,990.00. The City will match the increase in our 5% portion of the estimated. cost by using additional Discretionary Sales Tax funds. If Agenda Item Renuires Expenditure of Funds: To be A,oroved Adiusted by R-23-15 Previously Anoroved Total Budgeted Amount: $ 3,699,990.00 $ 3,407,645.65 $ 3,170,910.00 Total Cost: FAA 90%= $ 3,329,990.00 $ 3,066,881.09 $ 2,853,818.00 State 5% = $185,000.00 $ 158,546.00 s $158,546.00 Local 5% = $185,000.00 $ 170,382.28 $158,546.00 'Expected from FAA 2 Less than 5% Attachments: 1. Resolution # R-23-36 2. Amendment #1 to FDOT Grant Previously Approved 3. State FDOT Grant Previously Approved Administrative Servic=iew,rf iew: t City Attorney Review:Procurement Divisionble: City Manager Authorization: Date: P14 1dw ) 350 of 435 RESOLUTION NO. R-23-36 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION GRANT AGREEMENT (PTGA) WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR FUNDING THE DESIGN COST OF FM451510-1-94-01 "RUNWAY 05-23 ASPHALT REHABILITATION" AT THE SEBASTIAN MUNICIPAL AIRPORT; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. Whereas, the Sebastian Municipal Airport current Runway Pavement Condition Index average is below a "Fair" rating and is forecasted to continue to deteriorate; and Whereas, the Federal Airport Authority (FAA) and Florida Department of Transportation (FDOT) Maintenance Policies recommend a Major Rehabilitation that will bring the Runway surface condition back up to a 100 rating; and Whereas, the FDOT has extended an Public Transportation Grant Agreement (PTGA) FM451510-1-94-01 in the amount of $158,546, for their 5% portion of the FAA Airport Improvement Project (AIP) Grant No. 3-12-0145-021-2023 for the Rehabilitation of Runway 05-23 with Lighting Improvements at Sebastian Municipal Airport, providing for 90% of the actual project cost, said project cost for the City of Sebastian is estimated to be $158,546 and Whereas, the FDOT has granted additional funds through amendment to the original grant, bringing the new total FDOT portion to $185,000 and Whereas, the City of Sebastian desires to improve the current runways and agrees to the conditions of such funding. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: Section 1. AUTHORIZATION. The City Manager is hereby authorized to execute said Amendment to Public Transportation Grant Agreement #FM451510-1-94-01 on behalf of the City. Section 2. CONFLICTS. All resolutions or parts of resolutions in conflict are hereby repealed. Section 3. SEVERABILITY. The provisions of this Resolution are intended to be severable. If any provision of this Resolution is determined to be void or is declared illegal, invalid, or unconstitutional by a Court of competent jurisdiction, the remainder of this Resolution shall remain in full force and effect. 351 of 435 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 S. 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 Ed Dodd Vice Mayor Kelly Dixon Council Member Bob McPartlan Council Member Fred Jones Council Member Chris Nunn The Mayor thereupon declared this resolution duly passed and adopted this day of December, 2023. ATTEST: Jeanette Williams, City Clerk CITY OF SEBASTIAN, FLORIDA Mayor Ed Dodd Approved as to form and legality for reliance by the City of Sebastian only: City Attorney 352 of 435 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725.000.03 PUBLIC TRANSPORTATION DEVELOPM NIT AMENDMENT TO THE PUBLIC TRANSPORTATION OGC4n512023 GRANT AGREEMENT Financial Project Number(s): Fund(s): DPTO FLAIR Category: 088719 (item -segment -phase -sequence) 451510-1-94-01 Work Activity Code/Function: 215 Object Code: 740100 Federal Number/Federal Award Org. Code: 55042010429 Identification Number (FAIN) — Transit only: Vendor Number: VF596000427008 Contract Number: G2M41 Federal Award Date: Amendment No.: 1 CFDA Number: N/A SAMWEI Number: CFDA Title: N/A CSFA Number: N/A CSFA Title: N/A THIS AMENDMENT TO THE PUBLIC TRANSPORTATION GRANT AGREEMENT ("Amendment') is made and entered into on , by and between the State of Florida, Department of Transportation ("Department"), and Citv of Sebastian. ("Agency"),collectively referred to as the "Parties." RECITALS WHEREAS, the Department and the Agency on 7/23/2023 (date original Agreement entered) entered into a Public Transportation Grant Agreement ("Agreement"). WHEREAS, the Parties have agreed to modify the Agreement on the terms and conditions set forth herein. NOW THEREFORE, in consideration of the mutual covenants in this Amendment, the Agreement is amended as follows: 1. Amendment Description. The project is amended Bid shortfall 2. Program Area. For identification purposes only, this Agreement is implemented as part of the Department program area selected below (select all programs that apply): X Aviation Seaports _ Transit _ Intermodal Rail Crossing Closure X Match to Direct Federal Funding (Aviation or Transit) (Note: Section 15 and Exhibit G do not apply to federally matched funding) Other 3. Exhibits. The following Exhibits are updated, attached, and incorporated into this Agreement: X Exhibit A: Project Description and Responsibilities X Exhibit B: Schedule of Financial Assistance _ *Exhibit 61: Deferred Reimbursement Financial Provisions *Exhibit 62: Advance Payment Financial Provisions *Exhibit C: Terms and Conditions of Construction X Exhibit D: Agency Resolution Exhibit E: Program Specific Terms and Conditions Exhibit F: Contract Payment Requirements *Exhibit G: Financial Assistance (Single Audit Act) *Exhibit H: Audit Requirements for Awards of Federal Financial Assistance *Exhibit I: Certification of Disbursement of Payment to Vehicle and/or Equipment Vendor 353PA Wtof 7 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-M-03 PUBLIC TRANSPORTATION sTwE DEVELOPP MENNTT AMENDMENT TO THE PUBLIC TRANSPORTATION OGC0AW2023 GRANT AGREEMENT "Additional Exhibit(s): 4. Project Cost. The estimated total cost of the Project is X increased/ _ decreased by $529.080 bringing the revised total cost of the project to $3.699.990. The Department's participation is X increased/ _ decreased by $26.454. The Department agrees to participate in the Project cost up to the maximum amount of $185,000, and, additionally the Department's participation in the Project shall not exceed 5.00% of the total eligible cost of the Project. Except as modified, amended, or changed by this Amendment, all of the terms and conditions of the Agreement and any amendments thereto shall remain in full force and effect. IN WITNESS WHEREOF, the Parties have executed this Amendment on the day and year written above. AGENCY City of Sebastian STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION By: By: Name: Name: John P. Krane, P.E. Title: Title: Director of Transportation Development STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION Legal Review: 354 �f%% ?5 of 7 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Farts 72&000.02 STRATEGIC PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC 412512023 EXHIBIT A Project Description and Responsibilities A. Project Description (description of Agency's project to provide context, description of project components funded via this Agreement (if not the entire project)): Construct Runway 05/23 Asphalt Rehab B. Project Location (limits, city, county, map): Sebastian Municipal Airport/Sebastian, FUIndian River C. Project Scope (allowable costs: describe project components, improvement type/service type, approximate timeline, project schedule, project size): As required by 215.971, F.S., this scope of work includes but is not limited to consultant and design fees, the survey and geotechnical costs, construction inspection and material testing costs, mobilization and demobilization, permitting, pavement demolition, surface course improvements (such as concrete, asphalt, rejuvenators, or sealants), joint construction, runway grooving, pavement markings and striping, airfield lighting and signage improvements, recalculation of the pavement PCN, updating the new PCN numbers on the FAA Form 5010 and the FAD, sodding, and safety barricades, including all materials, equipment, labor, and incidentals required to rehabilitate the runway pavement. The Sponsor will comply with Aviation Program Assurances. D. Deliverable(s): The project scope identifies the ultimate project deliverables. Deliverables for requisition, payment and invoice purposes will be the incremental progress made toward completion of project scope elements. Supporting documentation will be quantifiable, measurable, and verifiable, to allow for a determination of the amount of incremental progress that has been made, and provide evidence that the payment requested is commensurate with the accomplished incremental progress and costs incurred by the Agency. E. Unallowable Costs (including but not limited to): F. Transit Operating Grant Requirements (Transit Only): Transit Operating Grants billed as an operational subsidy will require an expenditure detail report from the Agency that matches the invoice period. The expenditure detail, along with the progress report, will be the required deliverables for Transit Operating Grants. Operating grants may be issued for a term not to exceed three years from execution. The original grant agreement will include funding for year one. Funding for years two and three will be added by amendment as long as the grantee has submitted all invoices on schedule and the project deliverables for the year have been met. 355PI�pqAof 7 STATE OF FL- DFTRANSPORTATION Form725.000.02 PUBLIC TRANSPORTATION DEVELO?MA NIT GRANT AGRr-dlV)trV ( eAHIBITS Occ 41'512023 EXHIBIT B Schedule of Financial Assistance FUNDS AWORDED TO THE AGENCY AND REQUIRED MATCHING FUNDS PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: A. Fund Type and Fiscal Year: J Financial Fund FLAIR State Object CSFAI CSFAICFDA Title or Funding j Management Type Category Fiscal LCode CFDA Funding Source Amount Number Year Number Description 451510-1-94-01 DPTO i 088719 2024 740100 NIA NIA $158,546.00 451510-1-94-01 FAA I 088719 I 2024 740100 NIA NIA $2,853,818.00 451510-1-94-01 LF 088719 2024 740100 NIA N/A i $158,546.00 451510-1-94-01 DPTO I 088719 2024 740100 NIA NIA $26,454.00 451510-1-94-01 FAA 088719 2024 740100 NIA I NIA $476,172.00 I 451510-1-94-01 LF 088719 2024 740100 NIA NIA $26,454.00 1 Total Financial Assistance $3.699,990.00 B. Estimate of Project Costs by Grant Phase: Phases' State Local Federal Totals State Local Federal % % Land Acquisition $0.00 $0.00 $U.uu $0.00 0.00 0.00 0.00 Planning $0.00 $0.00 $0.06 $0.00 0.00 0.00 0.00 Environmental/Design/Construction $0.00 $0.00 $0,00 $0.00 0.00 0.00 0.00 Capital Equipment/ Preventative $0.00 $0.00 $0.00 $0.00 0.00 0.06 0.00 Maintenange _ Match to Direct Federal Funding i $185,000.00 I $185,000.00 $3,329,990.0 $3,699,990.00 5.00 5.00 90.00 0 Mobility Management $0.00 $0.00 $0.00 $0.00 0.00 0.06 0.00 _(Tr n+sit Onlv_) Tot�js $185,000.00 $185,000.00 $3,329,990.0 0 'Shifting items between these grant phases requires execution of an Amendment to the Public Transportation Grant Agreement. Scope Code and/or Activity Line Item AL! Transit Only) BUDGET/COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES: I certify that the cost for each line item budget category (grant phase) has been evaluated and determined to be allowable, reasonable, and necessary as required by Section 216.3475, Florida Statutes. Documentation is on file evidencing the methodology used and the conclusions reached. Laurie McDermott 357 3,$of 7 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000.02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC412512023 Department Grant Manager Name Signature Date 358Pdtg"of 7 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725-000-02 PUBLIC TRANSPORTATION DEVELO M NIT GRANT AGREEMENT EXHIBITS OGC412.512023 EXHIBIT D AGENCY RESOLUTION PLEASE SEE ATTACHED 35�%�3750f 7 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Farm 725-000-01 STRATEGIC DEVELOPMENT OGC 07122 Financial Project Number(s): Fund(s): DPTO FLAIR Category: 088719 (item -segment -phase -sequence) 451510-1-94-01 Work Activity Code/Function: 215 Object Code: 740100 Federal Number/Federal Award Org. Code: 55042010429 Identification Number (FAIN) — Transit only: N/A Vendor Number: VF596000427008 Contract Number: Federal Award Date: N/A CFDA Number: N/A Agency SAM/UEI Number: CFDA Title: N/A CSFA Number: N/A CSFA Title: N/A THIS PUBLIC TRANSPORTATION GRANT AGREEMENT ("Agreement") is entered into , by and between the State of Florida, Department of Transportation, ("Department"), and Citv of Sebastian, ("Agency"). The Department and the Agency are sometimes referred to in this Agreement as a "Party" and collectively as the "Parties." NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project, the Parties agree to the following: 1. Authority. The Agency, by Resolution or other form of official authorization, a copy of which is attached as Exhibit "D", Agency Resolution and made a part of this Agreement, has authorized its officers to execute this Agreement on its behalf. The Department has the authority pursuant to Section(s) 332.007, Florida Statutes, to enter into this Agreement. 2. Purpose of Agreement. The purpose of this Agreement is to provide for the Department's participation in Construct Runwav 05/23 Asphalt Rehab, as further described in Exhibit "A", Project Description and Responsibilities, attached and incorporated into this Agreement ("Project"), to provide Department financial assistance to the Agency, state the terms and conditions upon which Department funds will be provided, and to set forth the manner in which the Project will be undertaken and completed. 3. Program Area. For identification purposes only, this Agreement is implemented as part of the Department program area selected below (select all programs that apply): _ Aviation Seaports _ Transit _ Intermodal _ Rail Crossing Closure X Match to Direct Federal Funding (Aviation or Transit) (Note: Section 15 and Exhibit G do not apply to federally matched funding) Other 4. Exhibits. The following Exhibits are attached and incorporated into this Agreement: X Exhibit A: Project Description and Responsibilities X Exhibit B: Schedule of Financial Assistance _ *Exhibit 131: Deferred Reimbursement Financial Provisions *Exhibit 132: Advance Payment Financial Provisions _ *Exhibit 133: Alternative Advanced Pay (Transit Bus Program) X *Exhibit C: Terms and Conditions of Construction X Exhibit D: Agency Resolution X Exhibit E: Program Specific Terms and Conditions X Exhibit F: Contract Payment Requirements *Exhibit G: Audit Requirements for Awards of State Financial Assistance *Exhibit H: Audit Requirements for Awards of Federal Financial Assistance 36fte4t9f 36 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc 07/22 *Exhibit I: Certification of Disbursement of Payment to Vehicle and/or Equipment Vendor *Additional Exhibit(s): *Indicates that the Exhibit is only attached and incorporated if applicable box is selected. 5. Time. Unless specified otherwise, all references to "days" within this Agreement refer to calendar days. 6. Term of Agreement. This Agreement shall commence upon full execution by both Parties ("Effective Date") and continue through December 31, 2027. If the Agency does not complete the Project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the Project. The cost of any work performed prior to the Effective Date or after the expiration date of this Agreement will not be reimbursed by the Department. a. _ If this box is checked the following provision applies: Unless terminated earlier, work on the Project shall commence no later than the _ day of _, or within _ days of the issuance of the Notice to Proceed for the construction phase of the Project (if the Project involves construction), whichever date is earlier. The Department shall have the option to immediately terminate this Agreement should the Agency fail to meet the above -required dates. 7. Amendments, Extensions, and Assignment. This Agreement may be amended or extended upon mutual written agreement of the Parties. This Agreement shall not be renewed. This Agreement shall not be assigned, transferred, or otherwise encumbered by the Agency under any circumstances without the prior written consent of the Department. 8. Termination or Suspension of Project. The Department may, by written notice to the Agency, suspend any or all of the Department's obligations under this Agreement for the Agency's failure to comply with applicable law or the terms of this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected. a. Notwithstanding any other provision of this Agreement, if the Department intends to terminate the Agreement, the Department shall notify the Agency of such termination in writing at least thirty (30) days prior to the termination of the Agreement, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. b. The Parties to this Agreement may terminate this Agreement when its continuation would not produce beneficial results commensurate with the further expenditure of funds. In this event, the Parties shall agree upon the termination conditions. c. If the Agreement is terminated before performance is completed, the Agency shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed the equivalent percentage of the Department's maximum financial assistance. If any portion of the Project is located on the Department's right-of-way, then all work in progress on the Department right-of-way will become the property of the Department and will be turned over promptly by the Agency. d. In the event the Agency fails to perform or honor the requirements and provisions of this Agreement, the Agency shall promptly refund in full to the Department within thirty (30) days of the termination of the Agreement any funds that were determined by the Department to have been expended in violation of the Agreement. e. The Department reserves the right to unilaterally cancel this Agreement for failure by the Agency to comply with the Public Records provisions of Chapter 119, Florida Statutes. 36TRWA9f 36 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725.000.01 STRATEGIC PUBLIC TRANSPORTATION DEVELOPMENT GRANT AGREEMENT occ 07122 9. Project Cost: The estimated total cost of the Project is $3.170.910. This amount is based upon Exhibit "B", Schedule of Financial Assistance. The timeline for deliverables and distribution of estimated amounts between deliverables within a grant phase, as outlined in Exhibit "B", Schedule of Financial Assistance, may be modified by mutual written agreement of the Parties and does not require execution of an Amendment to the Public Transportation Grant Agreement. The timeline for deliverables and distribution of estimated amounts between grant phases requires an amendment executed by both Parties in the same form as this Agreement. b. The Department agrees to participate in the Project cost up to the maximum amount of $158.546 and, the Department's participation in the Project shall not exceed 5.00% of the total eligible cost of the Project, and as more fully described in Exhibit "B", Schedule of Financial Assistance. The Agency agrees to bear all expenses in excess of the amount of the Department's participation and any cost overruns or deficits involved. 10. Compensation and Payment: a. Eligible Cost. The Department shall reimburse the Agency for allowable costs incurred as described in Exhibit "A", Project Description and Responsibilities, and as set forth in Exhibit "B", Schedule of Financial Assistance. b. Deliverables. The Agency shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit "A", Project Description and Responsibilities. Modifications to the deliverables in Exhibit "A", Project Description and Responsibilities requires a formal written amendment. c. Invoicing. Invoices shall be submitted no more often than monthly by the Agency in detail sufficient for a proper pre -audit and post -audit, based on the quantifiable, measurable, and verifiable deliverables as established in Exhibit "A", Project Description and Responsibilities. Deliverables and costs incurred must be received and approved by the Department prior to reimbursement. Requests for reimbursement by the Agency shall include an invoice, progress report, and supporting documentation for the deliverables being billed that are acceptable to the Department. The Agency shall use the format for the invoice and progress report that is approved by the Department. d. Supporting Documentation. Supporting documentation must establish that the deliverables were received and accepted in writing by the Agency and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit "A", Project Description and Responsibilities has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit "F", Contract Payment Requirements. e. Travel Expenses. The selected provision below is controlling regarding travel expenses: X Travel expenses are NOT eligible for reimbursement under this Agreement. Travel expenses ARE eligible for reimbursement under this Agreement. Bills for travel expenses specifically authorized in this Agreement shall be submitted on the Department's Contractor Travel Form No. 300-000-06 and will be paid in accordance with Section 112.061, Florida Statutes, and the most current version of the Department's Disbursement Handbook for Employees and Managers. 36!!9f 36 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION ATEGIC DEVELOPMENT GRANT AGREEMENT OGc 07122 f. Financial Consequences. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes, or the Department's Comptroller under Section 334.044(29), Florida Statutes. If the Department determines that the performance of the Agency is unsatisfactory, the Department shall notify the Agency of the deficiency to be corrected, which correction shall be made within a time - frame to be specified by the Department. The Agency shall, within thirty (30) days after notice from the Department, provide the Department with a corrective action plan describing how the Agency will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non- compliance. If the corrective action plan is unacceptable to the Department, the Agency will not be reimbursed. If the deficiency is subsequently resolved, the Agency may bill the Department for the amount that was previously not reimbursed during the next billing period. If the Agency is unable to resolve the deficiency, the funds shall be forfeited at the end of the Agreement's term. g. Invoice Processing. An Agency receiving financial assistance from the Department should be aware of the following time frames. Inspection or verification and approval of deliverables shall take no longer than 20 days from the Department's receipt of the invoice. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the deliverables are received, inspected or verified, and approved. If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Agency. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices that have to be returned to an Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agency who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516. h. Records Retention. The Agency shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these records shall be furnished to the Department upon request. Records of costs incurred include the Agency's general accounting records and the Project records, together with supporting documents and records, of the Contractor and all subcontractors performing work on the Project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. i. Progress Reports. Upon request, the Agency agrees to provide progress reports to the Department in the standard format used by the Department and at intervals established by the Department. The Department will be entitled at all times to be advised, at its request, as to the status of the Project and of details thereof. j. Submission of Other Documents. The Agency shall submit to the Department such data, reports, records, contracts, and other documents relating to the Project as the Department may require as listed in Exhibit "E", Program Specific Terms and Conditions attached to and incorporated into this Agreement. 36�fg9$JSOf 36 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc 07/22 k. Offsets for Claims. If, after Project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement that it has with the Agency owing such amount if, upon written demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. I. Final Invoice. The Agency must submit the final invoice on the Project to the Department within 120 days after the completion of the Project. Invoices submitted after the 120-day time period may not be paid. m. Department's Performance and Payment Contingent Upon Annual Appropriation by the Legislature. The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years, a notice of availability of funds from the Department's project manager must be received prior to costs being incurred by the Agency. See Exhibit "B", Schedule of Financial Assistance for funding levels by fiscal year. Project costs utilizing any fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are available. n. Limits on Contracts Exceeding $25,000 and Term more than 1 Year. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: "The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." o. Agency Obligation to Refund Department. Any Project funds made available by the Department pursuant to this Agreement that are determined by the Department to have been expended by the Agency in violation of this Agreement or any other applicable law or regulation shall be promptly refunded in full to the Department. Acceptance by the Department of any documentation or certifications, mandatory or otherwise permitted, that the Agency files shall not constitute a waiver of the Department's rights as the funding agency to verify all information at a later date by audit or investigation. p. Non -Eligible Costs. In determining the amount of the payment, the Department will exclude all Project costs incurred by the Agency prior to the execution of this Agreement, costs incurred after the expiration of the Agreement, costs that are not provided for in Exhibit "A", Project Description and Responsibilities, and as set forth in Exhibit "B", Schedule of Financial Assistance, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the Project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangement that has not been approved 3hRgf 36 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 72S-0W-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT Occ07122 in writing by the Department. Specific unallowable costs may be listed in Exhibit "A", Project Description and Responsibilities. 11. General Requirements. The Agency shall complete the Project with all practical dispatch in a sound, economical, and efficient manner, and in accordance with the provisions in this Agreement and all applicable laws. a. Necessary Permits Certification. The Agency shall certify to the Department that the Agency's design consultant and/or construction contractor has secured the necessary permits. b. Right -of -Way Certification. If the Project involves construction, then the Agency shall provide to the Department certification and a copy of appropriate documentation substantiating that all required right-of-way necessary for the Project has been obtained. Certification is required prior to authorization for advertisement for or solicitation of bids for construction of the Project, even if no right-of-way is required. c. Notification Requirements When Performing Construction on Department's Right -of - Way. In the event the cost of the Project is greater than $250,000.00, and the Project involves construction on the Department's right-of-way, the Agency shall provide the Department with written notification of either its intent to: i. Require the construction work of the Project that is on the Department's right-of-way to be performed by a Department prequalified contractor, or ii. Construct the Project utilizing existing Agency employees, if the Agency can complete said Project within the time frame set forth in this Agreement. d. _ If this box is checked, then the Agency is permitted to utilize its own forces and the following provision applies: Use of Agency Workforce. In the event the Agency proceeds with any phase of the Project utilizing its own forces, the Agency will only be reimbursed for direct costs (this excludes general overhead). e. _ If this box is checked, then the Agency is permitted to utilize Indirect Costs: Reimbursement for Indirect Program Expenses (select one): I. —Agency has selected to seek reimbursement from the Department for actual indirect expenses (no rate). ii. —Agency has selected to apply a de minimus rate of 10% to modified total direct costs. Note: The de minimus rate is available only to entities that have never had a negotiated indirect cost rate. When selected, the de minimus rate must be used consistently for all federal awards until such time the agency chooses to negotiate a rate. A cost policy statement and de minimis certification form must be submitted to the Department for review and approval. ill. _ Agency has selected to apply a state or federally approved indirect cost rate. A federally approved rate agreement or indirect cost allocation plan (ICAP) must be submitted annually. f. Agency Compliance with Laws, Rules, and Regulations, Guidelines, and Standards. The Agency shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. g. Claims and Requests for Additional Work. The Agency shall have the sole responsibility for resolving claims and requests for additional work for the Project. The Agency will make 36?WQ09f 36 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc 07122 best efforts to obtain the Department's input in its decisions. The Department is not obligated to reimburse for claims or requests for additional work. 12. Contracts of the Agency: a. Approval of Third Party Contracts. The Department specifically reserves the right to review and approve any and all third party contracts with respect to the Project before the Agency executes or obligates itself in any manner requiring the disbursement of Department funds, including consultant and purchase of commodities contracts, or amendments thereto. If the Department chooses to review and approve third party contracts for this Project and the Agency fails to obtain such approval, that shall be sufficient cause for nonpayment by the Department. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. If Federal Transit Administration (FTA) funds are used in the Project, the Department must exercise the right to third party contract review. b. Procurement of Commodities or Contractual Services. It is understood and agreed by the Parties hereto that participation by the Department in a project with the Agency, where said project involves the purchase of commodities or contractual services where purchases or costs exceed the Threshold Amount for CATEGORY TWO per Section 287.017, Florida Statutes, is contingent on the Agency complying in full with the provisions of Section 287.057, Florida Statutes. The Agency's Authorized Official shall certify to the Department that the Agency's purchase of commodities or contractual services has been accomplished in compliance with Section 287.057, Florida Statutes. It shall be the sole responsibility of the Agency to ensure that any obligations made in accordance with this Section comply with the current threshold limits. Contracts, purchase orders, task orders, construction change orders, or any other agreement that would result in exceeding the current budget contained in Exhibit "B", Schedule of Financial Assistance, or that is not consistent with the Project description and scope of services contained in Exhibit "A", Project Description and Responsibilities must be approved by the Department prior to Agency execution. Failure to obtain such approval, and subsequent execution of an amendment to the Agreement if required, shall be sufficient cause for nonpayment by the Department, in accordance with this Agreement. c. Consultants' Competitive Negotiation Act. It is understood and agreed by the Parties to this Agreement that participation by the Department in a project with the Agency, where said project involves a consultant contract for professional services, is contingent on the Agency's full compliance with provisions of Section 287.055, Florida Statutes, Consultants' Competitive Negotiation Act. In all cases, the Agency's Authorized Official shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. d. Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the Department that DBEs, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The Agency and its contractors agree to ensure that DBEs have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBEs have the opportunity to compete for and perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 13. Maintenance Obligations. In the event the Project includes construction or the acquisition of commodities then the following provisions are incorporated into this Agreement: 36RWgf 36 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725A00-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGC 07122 a. The Agency agrees to accept all future maintenance and other attendant costs occurring after completion of the Project for all improvements constructed or commodities acquired as part of the Project. The terms of this provision shall survive the termination of this Agreement. 14. Sale, Transfer, or Disposal of Department -funded Property: a. The Agency will not sell or otherwise transfer or dispose of any part of its title or other interests in real property, facilities, or equipment funded in any part by the Department under this Agreement without prior written approval by the Department. b. If a sale, transfer, or disposal by the Agency of all or a portion of Department -funded real property, facilities, or equipment is approved by the Department, the following provisions will apply: The Agency shall reimburse the Department a proportional amount of the proceeds of the sale of any Department -funded property. The proportional amount shall be determined on the basis of the ratio of the Department funding of the development or acquisition of the property multiplied against the sale amount, and shall be remitted to the Department within ninety (90) days of closing of sale. Sale of property developed or acquired with Department funds shall be at market value as determined by appraisal or public bidding process, and the contract and process for sale must be approved in advance by the Department. iv. If any portion of the proceeds from the sale to the Agency are non -cash considerations, reimbursement to the Department shall include a proportional amount based on the value of the non -cash considerations. c. The terms of provisions "a" and "b" above shall survive the termination of this Agreement. i. The terms shall remain in full force and effect throughout the useful life of facilities developed, equipment acquired, or Project items installed within a facility, but shall not exceed twenty (20) years from the effective date of this Agreement. ii. There shall be no limit on the duration of the terms with respect to real property acquired with Department funds. 15. Single Audit. The administration of Federal or State resources awarded through the Department to the Agency by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of Federal awards or State financial assistance or limit the authority of any state agency inspector general, the State of Florida Auditor General, or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified below. Federal Funded: a. In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F — Audit Requirements, monitoring procedures may include but not be limited to on -site visits by Department staff and/or other procedures, including reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to Federal awards provided through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any 3�1s4839f 36 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Farm 725-000-01 PUBLIC TRANSPORTATION DEVELOPMENIT GRANT AGREEMENT ocC07122 inspections, reviews, investigations, or audits deemed necessary by the Department, State of Florida Chief Financial Officer (CFO), or State of Florida Auditor General. b. The Agency, a non -Federal entity as defined by 2 CFR Part 200, Subpart F — Audit Requirements, as a subrecipient of a Federal award awarded by the Department through this Agreement, is subject to the following requirements: In the event the Agency expends a total amount of Federal awards equal to or in excess of the threshold established by 2 CFR Part 200, Subpart F — Audit Requirements, the Agency must have a Federal single or program -specific audit conducted for such fiscal year in accordance with the provisions of 2 CFR Part 200, Subpart F — Audit Requirements. Exhibit "H", Audit Requirements for Awards of Federal Financial Assistance, to this Agreement provides the required Federal award identification information needed by the Agency to further comply with the requirements of 2 CFR Part 200, Subpart F — Audit Requirements. In determining Federal awards expended in a fiscal year, the Agency must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including the Federal award provided through the Department by this Agreement. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by 2 CFR Part 200, Subpart F — Audit Requirements. An audit conducted by the State of Florida Auditor General in accordance with the provisions of 2 CFR Part 200, Subpart F — Audit Requirements, will meet the requirements of this part. ii. In connection with the audit requirements, the Agency shall fulfill the requirements relative to the auditee responsibilities as provided in 2 CFR Part 200, Subpart F — Audit Requirements. iii. In the event the Agency expends less than the threshold established by 2 CFR Part 200, Subpart F — Audit Requirements, in Federal awards, the Agency is exempt from Federal audit requirements for that fiscal year. However, the Agency must provide a single audit exemption statement to the Department at FDOTSingleAudit(a).dot.state.fl.us no later than nine months after the end of the Agency's audit period for each applicable audit year. In the event the Agency expends less than the threshold established by 2 CFR Part 200, Subpart F — Audit Requirements, in Federal awards in a fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F — Audit Requirements, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from the Agency's resources obtained from other than Federal entities). iv. The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at htti)s:/Iharvester.census.gov/facweb/ the audit reporting package as required by 2 CFR Part 200, Subpart F — Audit Requirements, within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period. The FAC is the repository of record for audits required by 2 CFR Part 200, Subpart F —Audit Requirements. However, the Department requires a copy of the audit reporting package also be submitted to FDOTSinaleAuditO-dot.state.fl.us within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period as required by 2 CFR Part 200, Subpart F — Audit Requirements. v. Within six months of acceptance of the audit report by the FAC, the Department will review the Agency's audit reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate action on all deficiencies has been taken pertaining to the Federal award provided through the Department by this Agreement. If the Agency fails to have an 3 M.-G" of 36 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Farm 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc07r22 audit conducted in accordance with 2 CFR Part 200, Subpart F — Audit Requirements, the Department may impose additional conditions to remedy noncompliance. If the Department determines that noncompliance cannot be remedied by imposing additional conditions, the Department may take appropriate actions to enforce compliance, which actions may include but not be limited to the following: 1. Temporarily withhold cash payments pending correction of the deficiency by the Agency or more severe enforcement action by the Department; 2. Disallow (deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate the Federal award; 4. Initiate suspension or debarment proceedings as authorized under 2 C.F.R. Part 180 and Federal awarding agency regulations (or in the case of the Department, recommend such a proceeding be initiated by the Federal awarding agency); 5. Withhold further Federal awards for the Project or program; 6. Take other remedies that may be legally available. vi. As a condition of receiving this Federal award, the Agency shall permit the Department or its designee, the CFO, or State of Florida Auditor General access to the Agency's records, including financial statements, the independent auditor's working papers, and project records as necessary. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved. vii. The Department's contact information for requirements under this part is as follows: Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0450 FDOTSingleAudit(o)dot.state.fl.us State Funded: a. In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, monitoring procedures to monitor the Agency's use of state financial assistance may include but not be limited to on -site visits by Department staff and/or other procedures, including reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to state financial assistance awarded through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, the Department of Financial Services (DFS), or State of Florida Auditor General. b. The Agency, a "nonstate entity" as defined by Section 215.97, Florida Statutes, as a recipient of state financial assistance awarded by the Department through this Agreement, is subject to the following requirements: In the event the Agency meets the audit threshold requirements established by Section 215.97, Florida Statutes, the Agency must have a State single or project - specific audit conducted for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. Exhibit "G", Audit Requirements for Awards of State Financial Assistance, to this Agreement indicates state financial R. E ""E'l:JE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGC07Q2 assistance awarded through the Department by this Agreement needed by the Agency to further comply with the requirements of Section 215.97, Florida Statutes. In determining the state financial assistance expended in a fiscal year, the Agency shall consider all sources of state financial assistance, including state financial assistance received from the Department by this Agreement, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass -through awards and resources received by a nonstate entity for Federal program matching requirements. In connection with the audit requirements, the Agency shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General. iii. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, the Agency is exempt for such fiscal year from the state single audit requirements of Section 215.97, Florida Statutes. However, the Agency must provide a single audit exemption statement to the Department at FDOTSinoleAudit(7a.dot.state.fl.us no later than nine months after the end of the Agency's audit period for each applicable audit year. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, in a fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the Agency's resources (i.e., the cost of such an audit must be paid from the Agency's resources obtained from other than State entities). iv. In accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, copies of financial reporting packages required by this Agreement shall be submitted to: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 FDOTSingleAudit(c)dot.state.fl.us And State of Florida Auditor General Local Government Audits/342 111 West Madison Street, Room 401 Tallahassee, FL 32399-1450 Email: flaudaen localgovtcDaud.state.fl.us V. Any copies of financial reporting packages, reports, or other information required to be submitted to the Department shall be submitted timely in accordance with Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, as applicable. vi. The Agency, when submitting financial reporting packages to the Department for audits done in accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for -profit organizations), Rules of the Auditor General, should indicate the date the reporting package was delivered to the Agency in correspondence accompanying the reporting package. 3l5I@W 39f 36 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725-M-01 PUBLIC TRANSPORTATION DEVELOPMENT DEVELOPMENT GRANT AGREEMENT occ D7122 vii. Upon receipt, and within six months, the Department will review the Agency's financial reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate corrective action on all deficiencies has been taken pertaining to the state financial assistance provided through the Department by this Agreement. If the Agency fails to have an audit conducted consistent with Section 215.97, Florida Statutes, the Department may take appropriate corrective action to enforce compliance. viii. As a condition of receiving state financial assistance, the Agency shall permit the Department or its designee, DFS, or the Auditor General access to the Agency's records, including financial statements, the independent auditors working papers, and project records as necessary. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved. c. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Department or its designee, DFS, or State of Florida Auditor General access to such records upon request. The Agency shall ensure that the audit working papers are made available to the Department or its designee, DFS, or State of Florida Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department. 16. Notices and Approvals. Notices and approvals referenced in this Agreement must be obtained in writing from the Parties' respective Administrators or their designees. 17. Restrictions, Prohibitions, Controls and Labor Provisions: a. Convicted Vendor List. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. b. Discriminatory Vendor List. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. c. Non -Responsible Contractors. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied, or have further been determined by the Department to be a non -responsible contractor, may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Agency. d. Prohibition on Using Funds for Lobbying. No funds received pursuant to this Agreement may be expended for lobbying the Florida Legislature, judicial branch, or any state agency, in accordance with Section 216.347, Florida Statutes. 3?tWA3Sf 36 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725-000.01 PUBLIC TRANSPORTATION DEVELOPMENT DEVELOPMENT GRANT AGREEMENT occ07/22 e. Unauthorized Aliens. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation will be cause for unilateral cancellation of this Agreement. f. Procurement of Construction Services. If the Project is procured pursuant to Chapter 255, Florida Statutes, for construction services and at the time of the competitive solicitation for the Project, 50 percent or more of the cost of the Project is to be paid from state -appropriated funds, then the Agency must comply with the requirements of Section 255.0991, Florida Statutes. g. E-Verify. The Agency shall: 1. Utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Agency during the term of the contract; and ii. Expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. h. Executive Order 20-44. Pursuant to Govemor's Executive Order 20-44, if the Agency is required by the Internal Revenue Code to file IRS Form 990 and is named in statute with which the Department must form a sole -source, public -private agreement; or through contract or other agreement with the State, annually receives 50% or more of its budget from the State or from a combination of State and Federal funds, Recipient shall submit an Annual Report to the Department, including the most recent IRS Form 990, detailing the total compensation for each member of the Agency executive leadership team. Total compensation shall include salary, bonuses, cashed -in leave, cash equivalents, severance pay, retirement benefits, deferred compensation, real -property gifts, and any other payout. The Agency shall inform the Department of any changes in total executive compensation during the period between the fling of Annual Reports within 60 days of any change taking effect. All compensation reports shall detail the percentage of executive leadership compensation received directly from all State and/or Federal allocations to the Agency. Annual Reports shall be in the form approved by the Department and shall be submitted to the Department at fdotsingleaudit@dot.state.fl.us within 180 days following the end of each tax year of the Agency receiving Department funding. 1. Design Services and Construction Engineering and Inspection Services. If the Project is wholly or partially funded by the Department and administered by a local governmental entity, except for a seaport listed in Section 311.09, Florida Statutes, or an airport as defined in Section 332.004, Florida Statutes, the entity performing design and construction engineering and inspection services may not be the same entity. 18. Indemnification and Insurance: a. It is specifically agreed between the Parties executing this Agreement that it is not intended by any of the provisions of any part of this Agreement to create in the public or any member thereof, a third party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The Agency guarantees the payment of all just claims for materials, supplies, tools, or labor and other just claims against the Agency or any subcontractor, in connection with this Agreement. Additionally, to the extent permitted by law and as limited by and pursuant to the provisions of Section 768.28, Florida Statutes, the Agency shall indemnify, defend, and hold harmless the State of Florida, Department of 3 FIRW A4 of 36 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725.000.01 PUBLIC TRANSPORTATIONSTR"" DEVELOPMENT GRANT AGREEMENT Occ07122 Transportation, including the Department's officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Agency and persons employed or utilized by the Agency in the performance of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the Department's or the Agency's sovereign immunity. This indemnification shall survive the termination of this Agreement. Additionally, the Agency agrees to include the following indemnification in all contracts with contractors/subcontractors and consultants/subconsultants who perform work in connection with this Agreement: "To the fullest extent permitted by law, the Agency's contractor/consultant shall indemnify, defend, and hold harmless the Agency and the State of Florida, Department of Transportation, including the Department's officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the contractor/consultant and persons employed or utilized by the contractor/consultant in the performance of this Agreement. This indemnification shall survive the termination of this Agreement." b. The Agency shall provide Workers' Compensation Insurance in accordance with Florida's Workers' Compensation law for all employees. If subletting any of the work, ensure that the subcontractor(s) and subconsultant(s) have Workers' Compensation Insurance for their employees in accordance with Florida's Workers' Compensation law. If using "leased employees" or employees obtained through professional employer organizations ("PEO's"), ensure that such employees are covered by Workers' Compensation Insurance through the PEO's or other leasing entities. Ensure that any equipment rental agreements that include operators or other personnel who are employees of independent contractors, sole proprietorships, or partners are covered by insurance required under Florida's Workers' Compensation law. c. If the Agency elects to self -perform the Project, then the Agency may self -insure. If the Agency elects to hire a contractor or consultant to perform the Project, then the Agency shall carry, or cause its contractor or consultant to carry, Commercial General Liability insurance providing continuous coverage for all work or operations performed under this Agreement. Such insurance shall be no more restrictive than that provided by the latest occurrence form edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed for use in the State of Florida. The Agency shall cause, or cause its contractor or consultant to cause, the Department to be made an Additional Insured as to such insurance. Such coverage shall be on an "occurrence" basis and shall include Products/Completed Operations coverage. The coverage afforded to the Department as an Additional Insured shall be primary as to any other available insurance and shall not be more restrictive than the coverage afforded to the Named Insured. The limits of coverage shall not be less than $1,000,000 for each occurrence and not less than a $5,000,000 annual general aggregate, inclusive of amounts provided by an umbrella or excess policy. The limits of coverage described herein shall apply fully to the work or operations performed under the Agreement, and may not be shared with or diminished by claims unrelated to the Agreement. The policylies and coverage described herein may be subject to a deductible and such deductibles shall be paid by the Named Insured. No policylies or coverage described herein may contain or be subject to a Retention or a Self -Insured Retention unless the Agency is a state agency or subdivision of the State of Florida that elects to self -perform the Project. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, the Department shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The Department shall be notified in writing within ten days of any cancellation, notice of cancellation, lapse, renewal, or proposed change to any policy or coverage described herein. The Department's approval or failure to disapprove any policylies, 39S960i9f 31 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 726-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGC 07122 coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights or defenses the Department may have. d. When the Agreement includes the construction of a railroad grade crossing, railroad overpass or underpass structure, or any other work or operations within the limits of the railroad right- of-way, including any encroachments thereon from work or operations in the vicinity of the railroad right-of-way, the Agency shall, or cause its contractor to, in addition to the insurance coverage required above, procure and maintain Railroad Protective Liability Coverage (ISO Form CG 00 35) where the railroad is the Named Insured and where the limits are not less than $2,000,000 combined single limit for bodily injury and/or property damage per occurrence, and with an annual aggregate limit of not less than $6,000,000. The railroad shall also be added along with the Department as an Additional Insured on the policylies procured pursuant to the paragraph above. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, both the Department and the railroad shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The insurance described herein shall be maintained through final acceptance of the work. Both the Department and the railroad shall be notified in writing within ten days of any cancellation, notice of cancellation, renewal, or proposed change to any policy or coverage described herein. The Department's approval or failure to disapprove any policylies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights the Department may have. e. When the Agreement involves work on or in the vicinity of utility -owned property or facilities, the utility shall be added along with the Department as an Additional Insured on the Commercial General Liability policylies procured above. 19. Miscellaneous: a. Environmental Regulations. The Agency will be solely responsible for compliance with all applicable environmental regulations and for any liability arising from non-compliance with these regulations, and will reimburse the Department for any loss incurred in connection therewith. b. Non -Admission of Liability. In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. c. Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. d. Agency not an agent of Department. The Agency and the Department agree that the Agency, its employees, contractors, subcontractors, consultants, and subconsultants are not agents of the Department as a result of this Agreement. e. Bonus or Commission. By execution of the Agreement, the Agency represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. f. Non -Contravention of State Law. Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision or perform any act or do any other thing in RWA9f 36 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGC 07122 contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing so that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the Project. g. Execution of Agreement. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute the same Agreement. A facsimile or electronic transmission of this Agreement with a signature on behalf of a party will be legal and binding on such party. h. Federal Award Identification Number (FAIN). If the FAIN is not available prior to execution of the Agreement, the Department may unilaterally add the FAIN to the Agreement without approval of the Agency and without an amendment to the Agreement. If this occurs, an updated Agreement that includes the FAIN will be provided to the Agency and uploaded to the Department of Financial Services' Florida Accountability Contract Tracking System (FACTS). i. Inspector General Cooperation. The Agency agrees to comply with Section 20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. j. Law, Forum, and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail. The Agency agrees to waive forum and venue and that the Department shall determine the forum and venue in which any dispute under this Agreement is decided. IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year written above. AGENCY Citv of Sebastian STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION By: By: Name: Name: Steven C Braun, P.E. Title: Title: Director of Transportation Development STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION Legal Review: 3 ,'W J.f3 of 36 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC04123 EXHIBIT A Project Description and Responsibilities A. Project Description (description of Agency's project to provide context, description of project components funded via this Agreement (if not the entire project)): Construct Runway 05/23 Asphalt Rehab B. Project Location (limits, city, county, map): Sebastian Municipal Airport/Sebastian, FL/Indian River C. Project Scope (allowable costs: describe project components, improvement type/service type, approximate timeline, project schedule, project size): As required by 215.971, F.S., this scope of work includes but is not limited to consultant and design fees, the survey and geotechnical costs, construction inspection and material testing costs, mobilization and demobilization, permitting, pavement demolition, surface course improvements (such as concrete, asphalt, rejuvenators, or sealants), joint construction, runway grooving, pavement markings and striping, airfield lighting and signage improvements, recalculation of the pavement PCN, updating the new PCN numbers on the FAA Form 5010 and the FAD, sodding, and safety barricades, including all materials, equipment, labor, and incidentals required to rehabilitate the runway pavement. The Sponsor will comply with Aviation Program Assurances. D. Deliverable(s): The project scope identifies the ultimate project deliverables. Deliverables for requisition, payment and invoice purposes will be the incremental progress made toward completion of project scope elements. Supporting documentation will be quantifiable, measurable, and verifiable, to allow for a determination of the amount of incremental progress that has been made, and provide evidence that the payment requested is commensurate with the accomplished incremental progress and costs incurred by the Agency. E. Unallowable Costs (including but not limited to): F. Transit Operating Grant Requirements (Transit Only): Transit Operating Grants billed as an operational subsidy will require an expenditure detail report from the Agency that matches the invoice period. The expenditure detail, along with the progress report, will be the required deliverables for Transit Operating Grants. Operating grants may be issued for a term not to exceed three years from execution. The original grant agreement will include funding for year one. Funding for years two and three will be added by amendment as long as the grantee has submitted all invoices on schedule and the project deliverables for the year have been met. 3 @WA�of 36 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000.02 PUBLIC TRANSPORTATION sT' oevELOP EMENT GRANT AGREEMENT EXHIBITS OGC04123 EXHIBIT B Schedule of Financial Assistance FUNDS AWARDED TO THE AGENCY AND REQUIRED MATCHING FUNDS PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: A. Fund Type and Fiscal Year: Financial Fund FLAIR State Object CSFA/ CSFA/CFDA Title or Funding Management Type Category Fiscal I Code I CFDA I Funding Source Amount Number Year Number Description 451510-1-94-01 DPTO 088719 2024 740100 NIA NIA $158,546.00 451510-1-94-01 FAA 088719 2024 740100 NIA NIA $2,853,818.00 451510-1-94-01 LF 088719 2024 740100 NIA NIA $158,546.00 Total Financial Assistance $3,170,910.00 B. Estimate of Project Costs by Grant Phase: Phases' , State Local Federal Totals State I Local Federal Land Acquisition I $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00 Planning I $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00 Environmental/Design/Construction $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00 Capital Equipment/ Preventative $0.00 $0.00 $0.00 $0.00 0.00 0.00 0.00 Maintenance Match to Direct Federal Funding $158,546,00 $158,546.00 $2,853,818.0 $3,170,910.00 5.00 5.00 90.00 0 Mobility Management $0.00 $0.00 $0.00 $0.00 0.00 0.00 0,00 (Transit Only) Totals $158,546.00 $158,546.00 $2,853,818.00 $3,170,910.00 I "Shifting items between these grant phases requires execution of an Amendment to the Public Transportation Grant Agreement. Scope Code and/or Activity Line Item (ALI) (Transit Only) BUDGET/COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES: I certify that the cost for each line item budget category (grant phase) has been evaluated and determined to be allowable, reasonable, and necessary as required by Section 216.3475, Florida Statutes. Documentation is on flL evidencing the methodology used and the conclusions reached. Laurie McDermott Department Grant Manager Name Signature Date 3P/ 3gf 36 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC 04Q3 EXHIBIT C TERMS AND CONDITIONS OF CONSTRUCTION 1. Design and Construction Standards and Required Approvals. a. The Agency understands that it is responsible for the preparation and certification of all design plans for the Project. The Agency shall hire a qualified consultant for the design phase of the Project or, if applicable, the Agency shall require their design -build contractor or construction management contractor to hire a qualified consultant for the design phase of the Project. b. Execution of this Agreement by both Parties shall be deemed a Notice to Proceed to the Agency for the design phase or other non -construction phases of the Project. If the Project involves a construction phase, the Agency shall not begin the construction phase of the Project until the Department issues a Notice to Proceed for the construction phase. Prior to commencing the construction work described in this Agreement, the Agency shall request a Notice to Proceed from the Department's Project Manager, Laurie McDermott (email: Laurie. MDermott(a)dot.state.fl.us) or from an appointed designee. Anv construction phase work performed prior to the execution of this required Notice to Proceed is not subiect to reimbursement. c. The Agency will provide one (1) copy of the final design plans and specifications and final bid documents to the Department's Project Manager prior to bidding or commencing construction of the Project. d. The Agency shall require the Agency's contractor to post a payment and performance bond in accordance with applicable law(s). e. The Agency shall be responsible to ensure that the construction work under this Agreement is performed in accordance with the approved construction documents, and that the construction work will meet all applicable Agency and Department standards. f. Upon completion of the work authorized by this Agreement, the Agency shall notify the Department in writing of the completion of construction of the Project; and for all design work that originally required certification by a Professional Engineer, this notification shall contain an Engineer's Certification of Compliance, signed and sealed by a Professional Engineer, the form of which is attached to this Exhibit. The certification shall state that work has been completed in compliance with the Project construction plans and specifications. If any deviations are found from the approved plans or specifications, the certification shall include a list of all deviations along with an explanation that justifies the reason to accept each deviation. 2. Construction on the Department's Right of Way. If the Project involves construction on the Department's right-of-way, then the following provisions apply to any and all portions of the Project that are constructed on the Department's right-of-way: a. The Agency shall hire a qualified contractor using the Agency's normal bid procedures to perform the construction work for the Project. The Agency must certify that the installation of the Project is completed by a Contractor prequalified by the Department as required by Section 2 of the Standard Specifications for Road and Bridge Construction (2016), as amended, unless otherwise approved by the Department in writing or the Contractor exhibits past project experience in the last five years that are comparable in scale, composition, and overall quality to the site characterized within the scope of services of this Project. 3f9W499f 36 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725.000.02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC04123 b. Construction Engineering Inspection (CEI) services will be provided by the Agency by hiring a Department prequalified consultant firm including one individual that has completed the Advanced Maintenance of Traffic Level Training, unless otherwise approved by the Department in writing. The CEI staff shall be present on the Project at all times that the contractor is working. Administration of the CEI staff shall be under the responsible charge of a State of Florida Licensed Professional Engineer who shall provide the certification that all design and construction for the Project meets the minimum construction standards established by Department. The Department shall approve all CEI personnel. The CEI firm shall not be the same firm as that of the Engineer of Record for the Project. The Department shall have the right, but not the obligation, to perform independent assurance testing during the course of construction of the Project. Notwithstanding the foregoing, the Department may issue a written waiver of the CEI requirement for portions of Projects involving the construction of bus shelters, stops, or pads. c. The Project shall be designed and constructed in accordance with the latest edition of the Department's Standard Specifications for Road and Bridge Construction, the Department Design Standards, and the Manual of Uniform Traffic Control Devices (MUTCD). The following guidelines shall apply as deemed appropriate by the Department: the Department Structures Design Manual, AASHTO Guide Specifications for the Design of Pedestrian Bridges, AASHTO LRFD Bridge Design Specifications, Florida Design Manual, Manual for Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (the "Florida Green Book"), and the Department Traffic Engineering Manual. The Agency will be required to submit any construction plans required by the Department for review and approval prior to any work being commenced. Should any changes to the plans be required during construction of the Project, the Agency shall be required to notify the Department of the changes and receive approval from the Department prior to the changes being constructed. The Agency shall maintain the area of the Project at all times and coordinate any work needs of the Department during construction of the Project. d. The Agency shall notify the Department a minimum of 48 hours before beginning construction within Department right-of-way. The Agency shall notify the Department should construction be suspended for more than 5 working days. The Department contact person for construction is . e. The Agency shall be responsible for monitoring construction operations and the maintenance of traffic (MOT) throughout the course of the Project in accordance with the latest edition of the Department Standard Specifications, section 102. The Agency is responsible for the development of a MOT plan and making any changes to that plan as necessary. The MOT plan shall be in accordance with the latest version of the Department Design Standards, Index 600 series. Any MOT plan developed by the Agency that deviates from the Department Design Standards must be signed and sealed by a professional engineer. MOT plans will require approval by the Department prior to implementation. f. The Agency shall be responsible for locating all existing utilities, both aerial and underground, and for ensuring that all utility locations be accurately documented on the construction plans. All utility conflicts shall be fully resolved directly with the applicable utility. g. The Agency will be responsible for obtaining all permits that maybe required by other agencies or local governmental entities. h. It is hereby agreed by the Parties that this Agreement creates a permissive use only and all improvements located on the Department's right-of-way resulting from this Agreement shall become the property of the Department. Neither the granting of the permission to use the Department right of way nor the placing of facilities upon the Department property shall operate to create or vest any property right to or in the Agency, except as may otherwise be provided in separate agreements. The Agency shall not acquire any right, title, interest or 3R@W $19f 36 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725.000.02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGCW23 estate in Department right of way, of any nature or kind whatsoever, by virtue of the execution, operation, effect, or performance of this Agreement including, but not limited to, the Agency's use, occupancy or possession of Department right of way. The Parties agree that this Agreement does not, and shall not be construed to, grant credit for any future transportation concurrency requirements pursuant to Chapter 163, F.S. i. The Agency shall not cause any liens or encumbrances to attach to any portion of the Department's property, including but not limited to, the Department's right-of-way. j. The Agency shall perform all required testing associated with the design and construction of the Project. Testing results shall be made available to the Department upon request. The Department shall have the right to perform its own independent testing during the course of the Project. k. The Agency shall exercise the rights granted herein and shall otherwise perform this Agreement in a good and workmanlike manner, with reasonable care, in accordance with the terms and provisions of this Agreement and all applicable federal, state, local, administrative, regulatory, safety and environmental laws, codes, rules, regulations, policies, procedures, guidelines, standards and permits, as the same may be constituted and amended from time to time, including, but not limited to, those of the Department, applicable Water Management District, Florida Department of Environmental Protection, the United States Environmental Protection Agency, the United States Army Corps of Engineers, the United States Coast Guard and local governmental entities. I. If the Department determines a condition exists which threatens the public's safety, the Department may, at its discretion, cause construction operations to cease and immediately have any potential hazards removed from its right-of-way at the sole cost, expense, and effort of the Agency. The Agency shall bear all construction delay costs incurred by the Department. m. The Agency shall be responsible to maintain and restore all features that might require relocation within the Department right-of-way. n. The Agency will be solely responsible for clean up or restoration required to correct any environmental or health hazards that may result from construction operations. o. The acceptance procedure will include a final "walk-through" by Agency and Department personnel. Upon completion of construction, the Agency will be required to submit to the Department final as -built plans and an engineering certification that construction was completed in accordance to the plans. Submittal of the final as -built plans shall include one complete set of the signed and sealed plans on 11" X 17" plan sheets and an electronic copy prepared in Portable Document Format (PDF). Prior to the termination of this Agreement, the Agency shall remove its presence, including, but not limited to, all of the Agency's property, machinery, and equipment from Department right-of-way and shall restore those portions of Department right of way disturbed or otherwise altered by the Project to substantially the same condition that existed immediately prior to the commencement of the Project. p. If the Department determines that the Project is not completed in accordance with the provisions of this Agreement, the Department shall deliver written notification of such to the Agency. The Agency shall have thirty (30) days from the date of receipt of the Department's written notice, or such other time as the Agency and the Department mutually agree to in writing, to complete the Project and provide the Department with written notice of the same (the "Notice of Completion"). If the Agency fails to timely deliver the Notice of Completion, or if it is determined that the Project is not properly completed after receipt of the Notice of Completion, the Department, within its discretion may: 1) provide the Agency with written authorization granting such additional time as the Department deems appropriate to correct the deficiency(ies); or 2) correct the deficiency(ies) at the Agency's sole cost and expense, 34W29 gf 36 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000.02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS occ04123 without Department liability to the Agency for any resulting loss or damage to property, including, but not limited to, machinery and equipment. If the Department elects to correct the deficiency(ies), the Department shall provide the Agency with an invoice for the costs incurred by the Department and the Agency shall pay the invoice within thirty (30) days of the date of the invoice. q. The Agency shall implement best management practices for erosion and pollution control to prevent violation of state water quality standards. The Agency shall be responsible for the correction of any erosion, shoaling, or water quality problems that result from the construction of the Project. r. Portable Traffic Monitoring Site (PTMS) or a Telemetry Traffic Monitoring Site (TTMS) may exist within the vicinity of your proposed work. It is the responsibility of the Agency to locate and avoid damage to these sites. If a PTMS or TTMS is encountered during construction, the Department must be contacted immediately. s. During construction, highest priority must be given to pedestrian safety. If permission is granted to temporarily close a sidewalk, it should be done with the express condition that an alternate route will be provided, and shall continuously maintain pedestrian features to meet Americans Disability Act (ADA) standards. t. Restricted hours of operation will be as follows, unless otherwise approved by the Department's District Construction Engineer or designee (insert hours and days of the week for restricted operation): u. Lane closures on the state road system must be coordinated with the Public Information Office at least two weeks prior to the closure. The contact information for the Department's Public Information Office is: Insert District PIO contact info: Note: (Highlighted sections indicate need to confirm information with District Office or appropriate DOT person managing the Agreement) 3. Engineer's Certification of Compliance. The Agency shall complete and submit and if applicable Engineer's Certification of Compliance to the Department upon completion of the construction phase of the Project. gf*gf 36 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS occ0ana ENGINEER'S CERTIFICATION OF COMPLIANCE PUBLIC TRANSPORTATION GRANT AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION and PROJECT DESCRIPTION: DEPARTMENT CONTRACT NO.: FINANCIAL MANAGEMENT NO.: In accordance with the Terms and Conditions of the Public Transportation Grant Agreement, the undersigned certifies that all work which originally required certification by a Professional Engineer has been completed in compliance with the Project construction plans and specifications. If any deviations have been made from the approved plans, a list of all deviations, along with an explanation that justifies the reason to accept each deviation, will be attached to this Certification. Also, with submittal of this certification, the Agency shall furnish the Department a set of "as -built" plans for construction on the Department's Right of Way certified by the Engineer of Record/CEI. SEAL: By: Name: Date: . P.E. 3RgW44 9f 36 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-HO-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC04123 EXHIBIT D AGENCY RESOLUTION PLEASE SEE ATTACHED 3 R490 2,5 9f 36 STATE OF FLOR[DA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC04123 EXHIBIT E PROGRAM SPECIFIC TERMS AND CONDITIONS - AVIATION AVIATION PROGRAM ASSURANCES A. General. 1. The assurances herein shall form an integral part of the Agreement between the Department and the Agency. 2. These assurances delineate the obligations of the Parties to this Agreement to ensure their commitment and compliance with specific provisions of Exhibit "A", Project Description and Responsibilities, and Exhibit "B", Schedule of Financial Assistance, as well as serving to protect public investment in public -use airports and the continued viability of the Florida Aviation System. 3. The Agency shall comply with the assurances as specified in this Agreement. 4. The terms and assurances of this Agreement shall remain in full force and effect throughout the useful life of a facility developed; equipment acquired; or Project items installed within a facility for an airport development or noise compatibility program project, but shall not exceed 20 years from the effective date of this Agreement. 5. There shall be no limit on the duration of the terms and assurances of this Agreement regarding Exclusive Rights and Airport Revenue so long as the property is used as a public airport. 6. There shall be no limit on the duration of the terms and assurances of this Agreement with respect to real property acquired with funds provided by this Agreement. 7. Subject to appropriations, the Department shall continue to comply with its financial commitment to this Project under the terms of this Agreement, until such time as the Department may determine that the Agency has failed to comply with the terms and assurances of this Agreement. 8. An Agency that has been determined by the Department to have failed to comply with either the terms of these Assurances, or the terms of the Agreement, or both, shall be notified, in writing, by the Department, identifying the specifics of the non-compliance and any corrective action by the Agency to remedy the failure. 9. Failure by the Agency to satisfactorily remedy the non-compliance shall absolve the Department's continued financial commitment to this Project and immediately require the Agency to repay the Department the full amount of funds expended by the Department on this Project. 10. Any history of failure to comply with the terms and assurances of an Agreement will jeopardize the Agency's eligibility for further state funding of airport projects by the Department. B. Agency Compliance Certification. 1. General Certification. The Agency hereby certifies, with respect to this Project, it will comply, within its authority, with all applicable, current laws and rules of the State of Florida and applicable local governments, as well as Department policies, guidelines, and requirements, including but not limited to, the following (latest version of each document): a. Florida Statutes (F.S.) • Chapter 163, F.S., Intergovernmental Programs • Chapter 329, F.S., Aircraft: Title; Liens; Registration; Liens • Chapter 330, F.S., Regulation of Aircraft, Pilots, and Airports • Chapter 331, F.S., Aviation and Aerospace Facilities and Commerce • Chapter 332, F.S., Airports and Other Air Navigation Facilities • Chapter 333, F.S., Airport Zoning R9W4W 36 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725-D00.02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGCW23 b. Florida Administrative Code (FAC) • Chapter 73C-41, FAC, Community Planning; Governing the Procedure for the Submittal and Review of Local Government Comprehensive Plans and Amendments • Chapter 14-60, FAC, Airport Licensing, Registration, and Airspace Protection • Section 62-256.300, FAC, Open Burning, Prohibitions • Section 62-701.320(13), FAC, Solid Waste Management Facility Permit Requirements, General, Airport Safety c. Local Government Requirements • Airport Zoning Ordinance • Local Comprehensive Plan d. Department Requirements • Eight Steps of Building a New Airport • Florida Airport Revenue Use Guide • Florida Aviation Project Handbook • Guidebook for Airport Master Planning • Airport Compatible Land Use Guidebook 2. Construction Certification. The Agency hereby certifies, with respect to a construction -related project, that all design plans and specifications will comply with applicable federal, state, local, and professional standards, as well as Federal Aviation Administration (FAA) Advisory Circulars (AC's) and FAA issued waivers thereto, including but not limited to, the following: a. Federal Requirements • FAA AC 7017460-1, Obstruction Marking and Lighting • FAA AC 150/5300-13, Airport Design • FAA AC 150/5370-2, Operational Safety on Airports During Construction • FAA AC 150/5370-10, Standards for Specifying Construction of Airports b. Local Government Requirements • Local Building Codes • Local Zoning Codes c. Department Requirements • Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways (Commonly Referred to as the "Florida Green Book") • Manual on Uniform Traffic Control Devices • Section 14-60.007, FAC, Airfield Standards for Licensed Airports • Standard Specifications for Construction of General Aviation Airports • Design Guidelines & Minimum Standard Requirements for T-Hangar Projects 3. Land Acquisition Certification. The Agency hereby certifies, regarding land acquisition, that it will comply with applicable federal and/or state policies, regulations, and laws, including but not limited to the following: a. Federal Requirements • Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 • National Environmental Policy of 1969 • FAA Order 5050.4, National Environmental Policy Act Implementing Instructions for Airport Projects • FAA Order 5100.37B, Land Acquisition and Relocation Assistance for Airport Projects b. Florida Requirements • Chapter 73, F.S., Eminent Domain (re: Property Acquired Through Condemnation) • Chapter 74, F.S., Proceedings Supplemental to Eminent Domain (re: Condemnation) • Section 286.23, F.S., Public Business: Miscellaneous Provisions Rmw4W 36 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000.02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC M3 C. Agency Authority. 1. Legal Authority. The Agency hereby certifies, with respect to this Agreement, that it has the legal authority to enter into this Agreement and commit to this Project; that a resolution, motion, or similar action has been duly adopted or passed as an official act of the airport sponsor's governing body authorizing this Agreement, including assurances contained therein, and directing and authorizing the person identified as the official representative of the governing body to act on its behalf with respect to this Agreement and to provide any additional information as may be required. 2. Financial Authority. The Agency hereby certifies, with respect to this Agreement, that it has sufficient funds available for that portion of the Project costs which are not paid by the U.S. Government or the State of Florida; that it has sufficient funds available to assure future operation and maintenance of items funded by this Project, which it will control; and that authority has been granted by the airport sponsor governing body to commit those funds to this Project. D. Agency Responsibilities. The Agency hereby certifies it currently complies with or will comply with the following responsibilities: 1. Accounting System. a. The Agency shall create and maintain a separate account to document all of the financial transactions related to the airport as a distinct entity. b. The accounting records shall be kept by the Agency or its authorized representative in accordance with Generally Accepted Accounting Principles and in an accounting system that will facilitate an effective audit in accordance with the 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and Section 215.97, F.S., Florida Single Audit Act. c. The Department has the right to audit and inspect all financial records of the Agency upon reasonable notice. 2. Good Title. a. The Agency holds good title, satisfactory to the Department, to the airport or site thereof, or gives assurance, satisfactory to the Department, that good title will be obtained. b. For noise compatibility program projects undertaken on the airport sponsor's property, the Agency holds good title, satisfactory to the Department, to that portion of the property upon which state funds will be expended, or gives assurance, satisfactory to the Department, that good title will be obtained. 3. Preserving Rights and Powers. a. The Agency shall not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms and assurances of this Agreement without the written approval of the Department. Further, the Agency shall act promptly to acquire, extinguish, or modify, in a manner acceptable to the Department, any outstanding rights or claims of right of others which would interfere with such performance by the Agency. b. If an arrangement is made for management and operation of the airport by any entity or person other than the Agency or an employee of the Agency, the Agency shall reserve sufficient rights and authority to ensure that the airport will be operated and maintained in accordance with the terms and assurances of this Agreement. 4. Hazard Removal and Mitigation. 3R�W4�9f 36 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC04123 a. For airport hazards located on airport controlled property, the Agency shall clear and protect terminal airspace required for instrument and visual operations at the airport (including established minimum flight altitudes) by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. b. For airport hazards not located on airport controlled property, the Agency shall work in conjunction with the governing public authority or private land owner of the property to clear and protect terminal airspace required for instrument and visual operations at the airport (including established minimum flight altitudes) by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. The Agency may enter into an agreement with surrounding property owners or pursue available legal remedies to remove potential hazards to air navigation. 5. Airport Compatible Land Use. a. The Agency assures that appropriate airport zoning ordinances are in place consistent with Section 333.03, F.S., or if not in place, that it will take appropriate action necessary to ensure local government adoption of an airport zoning ordinance or execution of an interlocal agreement with another local government body having an airport zoning ordinance, consistent with the provisions of Section 333.03, F.S. b. The Agency assures that it will disapprove or oppose any attempted alteration or creation of objects, natural or man-made, dangerous to navigable airspace or that would adversely affect the current or future levels of airport operations. c. The Agency assures that it will disapprove or oppose any attempted change in local land use development regulations that would adversely affect the current or future levels of airport operations by creation or expansion of airport incompatible land use areas. 6. Consistency with Local Government Plans. a. The Agency assures the Project is consistent with the currently existing and planned future land use development plans approved by the local government having jurisdictional responsibility for the area surrounding the airport. b. The Agency assures that it has given fair consideration to the interest of local communities and has had reasonable consultation with those parties affected by the Project. c. The Agency shall consider and take appropriate actions, if deemed warranted by the Agency, to adopt the current, approved Airport Master Plan into the local government comprehensive plan. 7. Consistency with Airport Master Plan and Airport Layout Plan. a. The Agency assures that the project, covered by the terms and assurances of this Agreement, is consistent with the most current Airport Master Plan. b. The Agency assures that the Project, covered by the terms and assurances of this Agreement, is consistent with the most current, approved Airport Layout Plan (ALP), which shows: 1) The boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the Agency for airport purposes and proposed additions thereto; 2) The location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars, and roads), including all proposed extensions and reductions of existing airport facilities; and 3) The location of all existing and proposed non -aviation areas on airport property and of all existing improvements thereon. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725.000.02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC04123 c. The Agency assures that it will not make or permit any changes or alterations on the airport or any of its facilities that are not consistent with the Airport Master Plan and the Airport Layout Plan, as approved by the Department. d. Original Airport Master Plans and Airport Layout Plans and each amendment, revision, or modification thereof, will be subject to the approval of the Department. 8. Airport Financial Plan. a. The Agency assures that it will develop and maintain a cost -feasible Airport financial plan to accomplish the projects necessary to achieve the proposed airport improvements identified in the Airport Master Plan and depicted in the Airport Layout Plan, and any updates thereto. The Agency's Airport financial plan must comply with the following conditions: 1) The Airport financial plan will be a part of the Airport Master Plan. 2) The Airport financial plan will realistically assess project phasing considering availability of state and local funding and likelihood of federal funding under the FAA's priority system. 3) The Airport financial plan will not include Department funding for projects that are inconsistent with the local government comprehensive plan. b. All Project cost estimates contained in the Airport financial plan shall be entered into and kept current in the Florida Aviation Database (FAD) Joint Automated Capital Improvement Program (JACIP) website. 9. Airport Revenue. The Agency assures that all revenue generated by the airport will be expended for capital improvement or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the air transportation of passengers or property, or for environmental or noise mitigation purposes on or off the airport. 10. Fee and Rental Structure. a. The Agency assures that it will maintain a fee and rental structure for facilities and services at the airport that it will make the airport as self-sustaining as possible under the circumstances existing at the particular airport. b. If this Agreement results in a facility that will be leased or otherwise produce revenue, the Agency assures that the price charged for that facility will be based on the market value. 11. Public -Private Partnership for Aeronautical Uses. a. If the airport owner or operator and a person or entity that owns an aircraft or an airport tenant or potential tenant agree that an aircraft hangar or tenant -specific facility, respectively, is to be constructed on airport property for aircraft storage or tenant use at the expense of the aircraft owner or tenant, the airport owner or operator may grant to the aircraft owner or tenant of the facility a lease that is subject to such terms and conditions on the facility as the airport owner or operator may impose, subject to approval by the Department. b. The price charged for said lease will be based on market value, unless otherwise approved by the Department. 12. Economic Nondiscrimination. a. The Agency assures that it will make the airport available as an airport for public use on reasonable terms without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public. 1) The Agency may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. 3R9W*gf 36 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC04123 2) The Agency may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. b. The Agency assures that each airport Fixed -Based Operator (FBO) shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other FBOs making the same or similar uses of such airport and utilizing the same or similar facilities. 13. Air and Water Quality Standards. The Agency assures that all projects involving airport location, major runway extension, or runway location will be located, designed, constructed, and operated so as to comply with applicable air and water quality standards. 14. Operations and Maintenance. a. The Agency assures that the airport and all facilities, which are necessary to serve the aeronautical users of the airport, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable federal and state agencies for maintenance and operation, as well as minimum standards established by the Department for State of Florida licensing as a public -use airport. 1) The Agency assures that it will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. 2) Except in emergency situations, any proposal to temporarily close the airport for non -aeronautical purposes must first be approved by the Department. 3) The Agency assures that it will have arrangements for promptly notifying airmen of any condition affecting aeronautical use of the airport. b. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when adverse weather conditions interfere with safe airport operations. 15. Federal Funding Eligibility. a. The Agency assures it will take appropriate actions to maintain federal funding eligibility for the airport and it will avoid any action that renders the airport ineligible for federal funding. b. If the Agency becomes ineligible for federal funding of airport projects, such determination will render the Agency ineligible for state funding of airport projects. 16. Project Implementation. a. The Agency assures that it will begin making expenditures or incurring obligations pertaining to this Project within one year after the effective date of this Agreement. b. The Agency may request a one-year extension of this one-year time period, subject to approval by the Department District Secretary or designee. c. Failure of the Agency to make expenditures, incur obligations or receive an approved extension may allow the Department to terminate this Agreement. 17. Exclusive Rights. The Agency assures that it will not permit any exclusive right for use of the airport by any person providing, or intending to provide, aeronautical services to the public. 18. Airfield Access. a. The Agency assures that it will not grant or allow general easement or public access that opens onto or crosses the airport runways, taxiways, flight line, passenger facilities, or any area used for emergency 3909K*9f 36 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725A00-02 PUBLIC TRANSPORTATION srRArECI DEVELOPMENTT GRANT AGREEMENT EXHIBITS OGC04123 equipment, fuel, supplies, passengers, mail and freight, radar, communications, utilities, and landing systems, including but not limited to flight operations, ground services, emergency services, terminal facilities, maintenance, repair, or storage, except for those normal airport providers responsible for standard airport daily services or during special events at the airport open to the public with limited and controlled access. b. The Agency assures that it will not grant or allow general easement or public access to any portion of the airfield from adjacent real property which is not owned, operated, or otherwise controlled by the Agency without prior Department approval. 19. Retention of Rights and Interests.The Agency will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the real property shown as airport owned or controlled on the current airport layout plan without prior written approval by the Department. It will not sell, lease, encumber, terminate, waive, or otherwise transfer or dispose of any part of its title, rights, or other interest in existing noise easements or avigation easements on any property, airport or non -airport, without prior written approval by the Department. These assurances shall not limit the Agency's right to lease airport property for airport -compatible purposes. 20. Consultant, Contractor, Scope, and Costs. a. The Department has the right to disapprove the Agency's employment of consultants, contractors, and subcontractors for all or any part of this Project if the specific consultants, contractors, or subcontractors have a record of poor project performance with the Department. b. Further, the Department maintains the right to disapprove the proposed Project scope and cost of professional services. 21. Planning Projects. For all planning projects or other aviation studies, the Agency assures that it will: a. Execute the project per the approved project narrative or with approved modifications. b. Furnish the Department with such periodic project and work activity reports as indicated in the approved scope of services. c. Make such project materials available for public review, unless exempt from public disclosure. 1) Information related to airport security is considered restricted information and is exempt from public dissemination per Sections 119.071(3) and 331.22 F.S. 2) No materials prepared under this Agreement shall be subject to copyright in the United States or any other country. d. Grant the Department unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this Agreement. e. If the Project involves developing an Airport Master Plan or an Airport Layout Plan, and any updates thereto, it will be consistent with provisions of the Florida Aviation System Plan, will identify reasonable future growth of the airport and the Agency will comply with the Department airport master planning guidebook, including: 1) Provide copies, in electronic and editable format, of final Project materials to the Department, including computer -aided drafting (CAD) files of the Airport Layout Plan. 2) Develop a cost -feasible financial plan, approved by the Department, to accomplish the projects described in the Airport Master Plan or depicted in the Airport Layout Plan, and any updates thereto. The cost -feasible financial plan shall realistically assess Project phasing considering availability of state and local funding and federal funding under the FAA's priority system. 3) Enter all projects contained in the cost -feasible plan in the Joint Automated Capital Improvement Program (JACIP). 31 gqW*gf 36 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 726-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc0ana f. The Agency understands and agrees that Department approval of this Agreement or any planning material developed as part of this Agreement does not constitute or imply any assurance or commitment on the part of the Department to approve any pending or future application for state aviation funding. g. The Agency will submit master planning draft and final deliverables for Department and, if required, FAA approval prior to submitting any invoices to the Department for payment. 22. Land Acquisition Projects. For the purchase of real property, the Agency assures that it will: a. Laws. Acquire the land in accordance with federal and/or state laws governing such action. b. Administration. Maintain direct control of Project administration, including: 1) Maintain responsibility for all related contract letting and administrative procedures related to the purchase of real property. 2) Secure written Department approval to execute each agreement for the purchase of real property with any third party. 3) Ensure a qualified, State -certified general appraiser provides all necessary services and documentation. 4) Furnish the Department with a projected schedule of events and a cash flow projection within 20 calendar days after completion of the review appraisal. 5) Establish a Project account for the purchase of the land. 6) Collect and disburse federal, state, and local project funds. c. Reimbursable Funds. If funding conveyed by this Agreement is reimbursable for land purchase in accordance with Chapter 332, F.S., the Agency shall comply with the following requirements: 1) The Agency shall apply for a FAA Airport Improvement Program grant for the land purchase within 60 days of executing this Agreement. 2) If federal funds are received for the land purchase, the Agency shall notify the Department, in writing, within 14 calendar days of receiving the federal funds and is responsible for reimbursing the Department within 30 calendar days to achieve normal project federal, state, and local funding shares per Chapter 332, F.S. 3) If federal funds are not received for the land purchase, the Agency shall reimburse the Department within 30 calendar days after the reimbursable funds are due in order to achieve normal project state and local funding shares as described in Chapter 332, F.S. 4) If federal funds are not received for the land purchase and the state share of the purchase is less than or equal to normal state and local funding shares per Chapter 332, F.S., when reimbursable funds are due, no reimbursement to the Department shall be required. d. New Airport. If this Project involves the purchase of real property for the development of a new airport, the Agency assures that it will: 1) Apply for federal and state funding to construct a paved runway, associated aircraft parking apron, and connecting taxiway within one year of the date of land purchase. 2) Complete an Airport Master Plan within two years of land purchase. 3) Complete airport construction for basic operation within 10 years of land purchase. e. Use of Land. The Agency assures that it shall use the land for aviation purposes in accordance with the terms and assurances of this Agreement within 10 years of acquisition. f. Disposal of Land. For the disposal of real property the Agency assures that it will comply with the following: 1) For land purchased for airport development or noise compatibility purposes, the Agency shall, when the land is no longer needed for such purposes, dispose of such land at fair market value and/or make available to the Department an amount equal to the state's proportionate share of its market value. 3R?W3 9f 36 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGCW23 2) Land will be considered to be needed for airport purposes under this assurance if: a) It serves aeronautical purposes such as a runway protection zone or as a noise buffer. b) Revenue from uses of such land contributes to airport financial self-sufficiency. 3) Disposition of land under Sections D.221.1. or D.22.f.2. of this Exhibit, above, shall be subject to retention or reservation of any interest or right therein needed to ensure such land will only be used for purposes compatible with noise levels related to airport operations. 4) Revenues from the sale of such land must be accounted for as outlined in Section D.1. of this Exhibit, and expended as outlined in Section D.9. of this Exhibit. 23. Construction Projects. The Agency assures that it will: a. Project Certifications. Certify Project compliances, including: 1) Consultant and contractor selection comply with all applicable federal, state and local laws, rules, regulations, and policies. 2) All design plans and specifications comply with federal, state, and professional standards and applicable FAA advisory circulars, as well as the minimum standards established by the Department for State of Florida licensing as a public -use airport. 3) Completed construction complies with all applicable local building codes. 4) Completed construction complies with the Project plans and specifications with certification of that fact by the Project Engineer. b. Design Development. For the plans, specifications, construction contract documents, and any and all other engineering, construction, and contractual documents produced by the Engineer, which are hereinafter collectively referred to as "plans", the Engineer will certify that: 1) The plans shall be developed in accordance with sound engineering and design principles, and with generally accepted professional standards. 2) The plans shall be consistent with the intent of the Project as defined in Exhibit A and Exhibit B of this Agreement. 3) The Project Engineer shall perform a review of the certification requirements listed in Section 6.2. of this Exhibit, Construction Certification, and make a determination as to their applicability to this Project. 4) Development of the plans shall comply with all applicable laws, ordinances, zoning and permitting requirements, public notice requirements, and other similar regulations. c. Inspection and Approval. The Agency assures that: 1) The Agency will provide and maintain competent technical supervision at the construction site throughout the Project to assure that the work conforms to the plans, specifications, and schedules approved by the Department, as applicable, for the Project. 2) The Agency assures that it will allow the Department to inspect the work and that it will provide any cost and progress reporting, as may be required by the Department. 3) The Agency assures that it will take the appropriate corrective action necessary, as required by the Department, for work which does not conform to the Department standards. d. Pavement Preventive Maintenance. The Agency assures that for a project involving replacement or reconstruction of runway or taxiway pavement it has implemented an airport pavement maintenance management program and that it will use such program for the useful life of any pavement constructed, reconstructed, or repaired with state financial assistance at the airport. 3PAW*gf 36 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725.000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENTT GRANT AGREEMENT EXHIBITS OGCM3 24. Noise Mitigation Projects. The Agency assures that it will: a. Government Agreements. For all noise compatibility projects that are carried out by another unit of local government or are on property owned by a unit of local government other than the Agency, the Agency shall enter into an agreement with that government body. 1) The local agreement, satisfactory to the Department, shall obligate the unit of local government to the same terms and assurances that apply to the Agency. 2) The Agency assures that it will take steps to enforce the local agreement if there is substantial non- compliance with the terms of the local agreement. b. Private Agreements. For noise compatibility projects on privately owned property: 1) The Agency shall enter into an agreement with the owner of that property to exclude future actions against the airport. 2) The Agency assures that it will take steps to enforce such agreement if there is substantial non- compliance with the terms of the agreement. - End of Exhibit E - 3POW 4§9f 36 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 72"00.02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENTT GRANT AGREEMENT EXHIBITS D0004123 EXHIBIT F Contract Payment Requirements Florida Department of Financial Services, Reference Guide for State Expenditures Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation shall be submitted for each amount for which reimbursement is being claimed indicating that the item has been paid. Documentation for each amount for which reimbursement is being claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved agreement budget may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to the services being provided. Listed below are types and examples of supporting documentation for cost reimbursement agreements: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g,, insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: if the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Contracts between state agencies, and/or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address httos:llwww.mvfloridacfo.com/Division/AAlManuals/documents/ReferenceGuideforStateExi)enditures.odf. 3999'f3ft9f 36 On SEBAST" ;; Z -, & HOME Of PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meeting Date: December 13, 2023 Agenda Item Title: Approve the purchase of new security hardware, along with the renewal and upgrade of software licenses from Layer 3 Technologies using the PIGGYBACK of OMNIA PARTNERS Contract Number 01-1.55 in the amount of $169,360,00 and authorize the City Manager to execute all appropriate documentation, Recommendation: Approve the purchase of new security hardware, along with the renewal and upgrade of software licenses from Layer 3 Technologies using the PIGGYBACK of OMNIA PARTNERS Contract Number 01-155 in the amount of $169,360.00 and authorize the City Manager to execute all appropriate documentation. BaekQround: The City of Sebastian's MIS department has been working with this software and hardware company for over 20 years and they are still a leader of cyberseeurity. This purchase will not only ensure that we will continue to have protection for the next 3 years but adds additional layers of visibility to our infrastructure. The vendor that we are purchasing the hardware and licenses through has been our representative and the vendor of record for our company since 2018. The purchase is to be made via the use of OMNIA Partners Contract 01-155, which we are a participating entity. The contract is valid from December 1, 2022 to November 30, 2025. If Agenda Item Requires Expenditure of Funds: Budgeted Amount: $169,360,00 Total Cost: $169,360.00 Funds to Be Utilized for Appropriation: Discretionary Sales Taxes Attachments: 1. Quote from Layer 3 Technologies 2. OMNIA Partners Contract Information 3, Layer 3 Technologies Award Letter Administrative Services Department Review l City Attorney Review: ✓,�,L� __ _ - Procurement Division Review, if applicable \ -ILI J" l City Manager Authorization: 4� Date: W6 /da ;P 396 of 435 LAY RI IECHN0L.0GIES City of Sebastian Barbara Brooke -Reese 1225 Main Street Sebastian, FL 32958 P:(772)388-8246 E. breese@cityofsebastian.org State Contract NCPA 01-155 Payment Terms- Net 30 Products Layer 3 Technologies Inc Vito Viele 1645 Lyell Ave, Suite 200 Rochester, NY 14606 P: 585-445-5755 M:565-704-8486 E: vito@layer3.tech (:orliJird i 11 iun.•n's Rresinnrs F.'nfrryiri sr• Quote #001066 v1 11.21.2023 12.15.2023 Sequence 4 Qty Product Details List Price Price Ext. Price LAY RI C'crlified • TECH M OLO G I F S liureem :c Brc,imc< h.'ncrrjrrirk Products $169,360.00 Total; $169,360.00 Taxes, shipping, handling and other fees may apply. We reserve the right to cancel orders arising from pricing or other errors. Acceptance Layer 3 Technologies Inc City of Sebastian Vito Viele 11 i2112023 Barbara Brooke -Reese Layer 3 Technologies Providing companies with IT Solutions & Services since 2001. Layer 3 provides Best of Breed solutions and Service which gives us the unique ability to provide a complete end to end experience when it comes managing your Network. We tie this in with a lifecycle management process which enables us to help our customers design, deploy, secure, maintain, upgrade and ultimately choose the best option for disposition for their IT assets. Click Your Industry Education I Government Nonprofit Public Sector K-12 Education Higher Education State & Local Government Available through the cooperative contract with OMNIA Partners, Layer 3 Technologies offers IT solutions and services to participating public sector agencies. 399 of 435 IT Security and Data Protection Solutions region l4 E5C - TX 1 01-155 View Contract Documentation Contact Us 400 of 435 Layer 3 Technologies Contract Documentation U.S. Communities, National IPA, & NCPA are wholly -owned subsidiaries of OMNIA Partners, dba OMNIA Partners, Public Sector. All public sector participants already registered with National IPA, U.S. Communities, or NCPA continue to have access to all contracts, with certain exceptions, in the portfolio and do not need to re -register to use a legacy National IPA, legacy U.S. Communities, legacy NCPA, or new OMNIA Partners contract. U.S. Communities, National IPA, and NCPA remain separate legal entities and lead agency contracts completed under each brand are effective and available for use through the contract's approved term. In the event we believe re -registration is necessary for any reason, OMNIA Partners will let you know, IT Security and Data Protection Solutions Region 14 ESC - TX Contract Number: 01-155 December 1, 2022 - November 30, 2025 Option to renew for two (2) additional one (1) year periods through November 30, 2027. Master Agreement Documents • Official Signed Contract • Contract Award Letter Response Evaluation • Supplier Response to RFP • Evaluation Documents Solicitation Process • Original RFP Document • Proof of Publication 401 of 435 5001 Aspen Grove Drive Franklin, TN 37067 INDUSTRIES K-12 Education Higher Education Government Nonprofit Enterprise Corporate Private Equity Real Estate BECOME A MEMBER /j info@omniapartners.com (866) 875-3299 SOLUTIONS Contract Offerings Data & Spend Analytics Industry Experts ABOUT US RESOURCES CAREERS Privacy Policy I Terms of Use 402 of 435 Region XIV Education Service Center 1850 Highway 351 Abilene, TX 79601-4750 325-675-8600 FAX 325-675-8659 Thursday, December 111, 2022 Layer 3 Technologies ATTN: Daniel Fenlon 1645 Lye Il Ave, St 204 Rochester, NY 14606 Dear Daniel: Region XIV Education Service Center is happy to announce that Layer 3 Technologies has been awarded an annual contract for IT Security Products and Data Protection Solutions on the proposal submitted to Region XIV ESC. The contract is effective immediately and will expire on November 30th, 2025. The contract can then be renewed annually for an additional two years, if mutually agreed on by Region XIV ESC and Layer 3 Technologies. We look forward to a long and successful partnership underneath this contract. If you have any questions or concerns, feel free to contact me at 325-675-8600. Sincerely, Shane Fields Region XIV, Executive Director 403 of 435 On IN SEBASTtALN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetine Date: December 13, 2023 Aeenda Item Title: Approve the joint special event agreement with the Rotary Club of Sebastian Recreational Foundation, Inc. and authorize the Mayor to execute the appropriate documents. Recommendation: Staff recommends that City Council approve the joint special event agreement with the Rotary Club of Sebastian Recreational Foundation, Inc. for the operating of the River Days and Craft Brew Hullabaloo held annually in the Spring, Bach. The previous agreement between the City of Sebastian and the Rotary Club of Sebastian Recreational Foundation, Inc, to operate the annual River Days and Craft Brew Hullabaloo expired on March 31", 2023. Presented to you is the new joint special event agreement for this event for the years 2024 thru 2028 and expiring on April 1°t, 2028. This agreement outlines the duties/responsibilities of the City and the Rotary Club's Recreational Foundation for the annual event. The City recognizes the important role that partnerships for events such as this have on our local economy and the benefit for our residents and local organizations. If Aeenda Item Reauires Exneuditure of Funds: Budgeted Amount: $5,000 annually Total Cost: $5,000 annual for advertising reimbursements, plus City Staffing expenses, Funds to Be Utilized for Appropriation: General Fund Attachments: 1. Proposed Joint Special Event Agreement between the City of Sebastian and the Rotary Club of Sebastian Recreational Foundation, Inc. Administrative Services Depart nt Review: City Attorney Review; J Procurement Division Review, ff applicable: Z�, City Manager Authorization: Date: W 6) A a s� - 404 of 435 JOINT SPECIAL EVENT AGREEMENT THIS AGREEMENT entered in this day of, December, 2023 between the CITY OF SEBASTIAN, a Florida municipal corporation (hereinafter called "CITY"), and the Rotary Club of Sebastian Recreational Foundation, Inc. a Florida not for profit corporation (hereinafter called "FOUNDATION"), provides that: WHEREAS, the CITY hosts public festivals in the Riverview Park complex in the Winter, Spring, and Summer of each year; and WHEREAS, it is desirable that the CITY host a Spring Festival; and WHEREAS, the FOUNDATION is incorporated for organizing a festival to be known as "River Days & Craft Brew Hullabaloo" (hereinafter called "RIVER DAYS") in celebration of the unique aspects of life along the Indian River Lagoon, to be held each year in the Spring; and WHEREAS, the CITY and FOUNDATION desire that said celebration be centered around CITY'S Riverview Park complex; and THEREFORE, IN AND FOR CONSIDERATION of the mutual benefits and promises herein, the sufficiency of which is hereby acknowledged by the parties, it is hereby agreed: 1. The CITY agrees to sponsor the FOUNDATION'S River Days for the years 2024 through 2028 as set forth herein. 2. This Agreement shall terminate on April 1, 2028. 3. The FOUNDATION River Days Committee, with minimal assistance of the City, shall organize and administer all activities and events for said special event, in compliance with all applicable ordinances, statutes, health codes and other governmental regulations and subject to the safety controls of the Sebastian Police Department, City of Sebastian Fire Marshall, Indian River County Fire Rescue and Indian River County Health Department. 4. River Days shall entail, at a minimum: live musical entertainment, a festival in Riverview Park with food and non-alcoholic beverages, and beer and/or wine sales in accordance with Florida Statute §561.422. 5. The event operational plan must be approved by the City Council if the FOUNDATION makes any substantial changes to the event or site plan. Planning/organizational meetings shall take place each year with staff designated by the City Manager. 6. The event shall take place over a three day period occurring on a date mutually agreeable to both parties, targeted annually for the third weekend in March. 7. CITY shall further provide the City Manager with authority to open and close affected streets and rights -of -way in the vicinity of Riverview Park to potentially include: Indian River Drive, Sebastian 405 of 435 Blvd, Harrison Street and the Yacht Club boat ramp during the course of the 3-day festival at his sole discretion. 8. Except as specifically set forth herein, the FOUNDATION shall have all financial responsibility for funding River Days. It is recognized that River Days is intended to be a fund-raiser for local charitable and public -purpose projects and that, towards these purposes the FOUNDATION may be compensated by vendors and others for use of the rights -of -way and park areas subject to this Agreement. So long as its non-profit status is maintained, the FOUNDATION shall control disbursement of all proceeds of River Days in accordance with the requirements of Florida Law and the Rules of the festival. 9. Within 60 days after conclusion of the event, FOUNDATION shall provide a final accounting in accordance with generally accepted practices. City shall reimburse FOUNDATION up to $5,000 towards the costs of entertainment, administrative and miscellaneous expenses. Any amount over $5,000 shall be the financial obligation of the FOUNDATION. 10. FOUNDATION is authorized to host a boat show, car show or motorcycle show as part of River Days and this must be shown on their site plan. 11. FOUNDATION shall have the usage of the CITY's portable band shell during River Days as long as it is available and in working condition. CITY shall also provide the usage of two golf carts for the FOUNDATION's usage during the event for waste removal and cleanup. 12. The CITY shall assign law enforcement personnel as deemed necessary by the Chief of Police, throughout the event, including at a minimum one officer (either a sworn officer or a member of the departments volunteer unit) who shall be specifically assigned to duty at the Riverview Park complex for security overnight on Friday and Saturday evenings of the event. The Police Department shall only provide a close patrol on Thursday evening of the event. 13. CITY shall provide minimal personnel to handle road closures and event troubleshooting duties to include at least one CITY employee on -site during the duration of the event. FOUNDATION will be responsible for all disposal of waste during and after event in dumpsters provided by CITY in close proximity to the park. 14. CITY shall provide all electric and water utilities as needed by River Days. CITY will provide additional portable restroom facilities deemed necessary for the event. 15. CITY shall publicize the event through its newsletter, governmental access channel, public signage, website and all other available CITY information outlets. 16. CITY shall be accorded the highest level of sponsorship for the festival and shall receive the publicity and recognition granted any others of that status. 17. FOUNDATION agrees to indemnify, defend and hold CITY harmless from any and all claims of any nature, personal injury or property damage claims, liabilities, losses or causes of action which may arise out of the use and occupancy of the property by FOUNDATION, its agents, employees, patrons and attendees. This paragraph shall survive the expiration or termination of this agreement. 2 406 of 435 Nothing in this agreement shall be construed as the City waiving its immunity pursuant to 768.28, et seq., Florida Statues, or any other sovereign or governmental immunity. 18. To the extent allowed by law the CITY agrees to indemnify, defend and hold FOUNDATION harmless from all acts of gross negligence claims brought by the CITY's employees, agents or attendees, whatsoever arising from the exercise or obligations set forth hereunder only to the extent allowed for by law and not to exceed any limits of sovereign immunity. However, nothing in this agreement shall be construed as the CITY waiving its immunity pursuant to 768.28, et seq., Florida Statutes, or any other sovereign or governmental immunity nor an acceptance of liability of any wrongdoing. AGREED to on the date first set forth above. ATTEST: Jeanette Williams, MMC City Clerk Approved as to form and legality for Reliance by the City of Sebastian only: Jennifer Cockcroft City Attorney CITY OF SEBASTIAN A Municipal Corporation Brian Benton City Manager THE ROTARY CLUB OF SEBASTIAN RECREATIONAL FOUNDATION, INC. President Print Name: 407 of 435 CIIYLf SEA TAN ;;Ms4w HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetlnl? Date: December 13, 2023 Agenda Item Title: Authorize the Purchase of a John Deere 190GW Wheeled Excavator in the Amount of $374,128 from Dobbs Equipment for the Stormwater Department and Authorization for the City Manager to execute all Appropriate Documents. Recommendation: Staff requests City Council authorize the purchase of a replacement wheeled excavator for the Stormwater Division from Dobbs Equipment by cooperative purchase under the Florida Sheriffs Association Contract #FSA-EQU21.0. BacUround: The City's current wheeled excavator, a 2013 CAT M313D with 3,461 hours, is nearing the end of its expected service life. Staff recommends the most efficient option, considering anticipated maintenance costs and downtime, is to replace the excavator for the Stormwater Division. It is anticipated that the current wheeled excavator can be sold at auction for an estimated $30,000. . The use of cooperative purchasing through exiting State or other contracts guarantees that the pricing in the contract terms remain the salve while the contract is active; this includes any contract extensions or renewals. In accordance with the City's Ordinance Section 2-10(c)(2), the procurement procedures carried out by the awarding agency are equivalent to that of Sebastian's procurement process, pricing from other co-operatives and local vendors. As assurance that this was the best price, quotes were obtained from two other vendors. The recommended vendor is the most advantageous to meet the needs of the City. If Agenda Item Renuires EXDenditure of Funds: Budgeted Amount: $375,000 Total Cost: $374,128 Funding: Discretionary Sales Tax Fund Attachments: 1. Dobbs Equipment, FSA23-EQU21.0 Quote 2. FSA23-EQU21.0, Notice of Final Award 3. Kelly Tractor Comparison Quote 4. Case Power and Equipment Comparison Quote Administrative Services Departn t Review \ City Attorney Review: Procurement Divisi Review, if applicable: City Manager Authorization: I`� � � '4W f r Date: 1)I�/� a a , 408 of 435 ATTACHMENT 1 DOBBS E Q U I P M E N T A John Deere Dealer FLORIDA SHERIFFS ASSOCIATION FLORIDA ASSOCIATION OF COUNTIES 2023-2024 Contract for Vehicles and Equipment Contract Number FSA23-EQU21.0 Spec #129 Wheeled Excavator John Deere 190GW with Mower, Ditcher, swivel and Manual thumb November 28, 2023 Quote for: City of Sebastian Base Unit: One (1) Deere 190GW Excavator $279,500.00 Stated Options From Contract: 5840 Front and Rear Outriggers 4,347.00 6870 Variable Geometry Boom(2 piece) 10,900.00 AT451619 60" Ditching Bucket with BOE 6,029.00 AT452018 Hydraulic Quick Coupler 9,400.00 72AQUA 72" Aquatic Bucket with BOE 6,180.00 AT342089 Rotating Beacon 690.00 PTA240 Powertilt Swinger Coupler 19,005.00 THUMB Manual Pin On Thumb 7.000.00 NON Contract Items RT50S Tiger 50" Rotary Head with Blade Bars and stationary door $18,799.00 DA22-BPN Tiger Ditcher Boom Primary Mount with out Brake Valve $18.278.00 Total of Non Contract Items: $37,077.00 Less Additional Dealer Discount: ($6,000.00) Total FSA Transaction Price: Warranty is standard 12 month $374,128.00 Greg Dudek Governmental Sales Manager 3933 Martin Luther King Jr Blvd West Palm Beach, FL 33404 Cell Phone (239)-470-0822 Fax (561)-848-7099 409 of 435 ATTACHMENT 2 (pg 1of 3) r + 1 rrofec(Ing, r.eawng a unurng...srncr +a» FLORIDA SHERIFFS ASSOCIATION F41.e..1 r;I r I617 Mahan Dive. Taliahassee. Florida 32308 p: f8501877 I165 P.O. Box 12519 - Tal!anassee. Florida 32317.2519 f: (850) 878-WS www.11shenNs.org 0 0 Notice of Final Award FSA23-EQU21.0: Equipment Date: October 1, 2023 To: Bidders and Purchasers From: IIugh Oliver, Cooperative Purchasing Program Manger Re: Notice of Final Award for FSA23-EQU21.0: Equipment Florida Sheriffs Association (FSA) has completed its 21st year of the cooperative purchasing equipment contract. FSA is issuing the Notices of Final Award for contract FSA23-EQU21.0: Equipment that will be effective from October 1, 2023, through September 30, 2025. This year's bid included 453 items. The contract will offer construction, material handling, transportation, all -terrain and utility vehicles, and grounds care equipment. The competitive process for this awrard began in May 2023, when stakeholders were surveyed regarding procurement needs. Items were added based on survey results and the Fleet Advisory Committee's review of products. An advertisement for the invitation to Bid was published in the Florida Administrative Weekly, as well as the State of Florida's Office of Supplier Diversity and the FSA websites. On May 5, 2023, a direct notification was sent to 716 prospective bidders to participate in a voluntary bidder workshop. The ITB advertisement resulted in 149 pre -bid attendees or waivers. Of these respondents, 85 submitted bids and 78 qualified. FSA has identified intended awardees in the attached Final Award Report. The Final Award Report shows up to three lowest bidders per item, per zone. The Florida Sheriffs Association Cooperative Purchasing Program has followed the Contract Terms and Conditions for this procurement. Bidders that become awarded vendors are governed by their manufacturer agreements and the Contract Terms and Conditions. Contract pricing will be extended and guaranteed to the Florida Sheriffs Association, any unit of local government, political subdivision or agency of the State of Florida, or to other entities approved by manufacturers to buy from this contract, which can include out-of-state sales. Vendors that wish to extend contract pricing to entities other than those defined here are governed by their manufacturer's agreement. All purchasers are bound by state law, local ordinances, rules, and regulations for purchases made under this contract. 410 of 435 ATTACHMENT 2 (pg 2 of 3) FLORIDA lit�. CONTRACT SIGNATURE FORM By submitting a response to this Invitation to Bid and signing this form, the Bidder declares that he or she has read, and the company understands, accepts and will comply with the terms, conditions and specifications of this bid and any addenda issued. The failure or omission to review this document shall in no way relieve the authorized agent of obligations with respect to this bid. The submission of a bid and signature below shall be taken as evidence of acceptance of the terms and conditions of this bid. The Bidder further declares that no other persons other than the authorized agent herein named has any interest in this bid or in the contract to be taken, and that it is made without any connection with any other person or persons making proposal for the same article, and is in all respects fair and without collusion or fraud. The Bidder further declares that they have carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of materials required. The Bidder further declares that they have provided a discount on all factory options included in this bid, and such discount will be included in all purchase orders. The Bidder further declares that the company understands the financial responsibility associated with this bid as stated and further declares that it has the ability to meet the financial responsibility associated with this bid. The Bidder further declares that the company will furnish the items awarded for the price bid. FSA Contract Number FSA23-EQU21.0: Equipment Bidder Company Name Dobbs Equipment, LLC Business Address 2730 South Falkenburg Road, Riverview, FL 33578 Name of Authorized Agent Dave Walsh Email address of authorized agent dave.walsh@dobbsequipment.com Signature Date 08/14/2023 FSA Contract Number FSA23-EQU21.0: Equipment Bidder Company Name 13 Dobbs Equipment, LLC 411 of 435 ATTAOHMENT 2 Bid Award (pg 3 of 3) Contract: FSA23-EQU21.0, Equipment Group: Excavator: Wheeled Hydraulic Excavator - 42,000 lbs. Operating Weight Item: 129, John Deere, 190 GW, 190 GW Zone Rank Vendor Price Build File Options File Western Primary Dobbs Equipment, LLC $284,500.00 Build Options Northern Primary Dobbs Equipment, LLC $284.500.00 Build Options Central Primary Dobbs Equipment, LLC S279,500.00 Build Options Southern Primary Dobbs Equipment, LLC S279,500.00 Build Options 412 of 435 KEIiY TRACTOR M ATTACHMENT 3 1(pg1of2) tcIi} 7rmr co_ November 29, 2023 rev1129 City of Sebastian Page 1 REF: Florida Sheriff's Association Contract quote. Term: October 1, 2023 — September 30, 2025 Contract: FSA23-EQU21.0, Equipment EXCAVATOR: Wheeled Hydraulic Excavator — 42000 LB Item: 126, Caterpillar M320 BASE MODEL CAT M318 $289,744 A UPGRADE MODEL OPTION M320 CAT M320 w/Freight & Prep Only ($28,854) B NON -SPECIFIED OPTIONS 604-9931 M320 07B WHEEL EXCAVATOR CFG1 BASE Includes:553-0170 COMMON ARRANGEMENT 563-5764 QC CONTROL, PG, VA, GRADE 558-7124 BOOM, VA 558-9525 AUTOLUBE, VA 559-5055 LINKAGE, BKT, A-LUBE, GRADE 583-3846 WIRING, PRODUCT LINK 585-8747 COUNTERWEIGHT 563-4269 HYDRAULIC OIL, MINERAL 581-3651 ALARM, TRAVEL 583-3840 LIGHTS, CHASSIS 589-1744 RADIO MODULE, PL243 CELLULAR 576-1797 GRADE 2D $4,060 558-9532 STICK, 9' 6" $5,270 622-3537 CYLINDERS, VA, ADV $3,180 565-4313 SPEED, MAX MPH NIC 541-4420 UC, BLADE FRONT / OUT. REAR $27,140 548-1811 NO FENDERS N/C 600-5695 TIRES, 10-20 DUAL APOLLO AWE713 $4,170 622-4176 AUX HYD, HP & MP, JS, VA $5,390 596-2607 MCV, ADV, VA NIC 491-9770 CAB, DELUXE, 70/30 $11,410 539-9003 JOYSTRICK, 2-SLIDER $3,125 555-7286 NETWORK MANAGER, STD NIC 563-5770 CAMERA, 360 VISIBILITY $2,935 525-2938 MIRRORS, VA & MH N/C 521-6833 DECALS, NORTH AMERICA (ANSI) N/C 564-8368 AUTOLUBE, STICK 9' 6" $1,570 544-0792 LINES, MP, STICK 9' 6" $510 563-5778 LINES, QC & GRADE, STICK 9' 6" $1,190 618-5516 CONTROLLER, RC/JS NIC 528-6146 SENSOR, GRADE / SB / RC NIC 567-0427 BEACON, CAB $375 527-7970 PEDAL, HAMMER $1,295 NON -SPECIFIED OPTIONS LIST PRICE $ 71,620 LESS 19% CONTRACT DISCOUNT $-13.608 NON -SPECIFIED OPTIONS TOTAL $ 58,012 C NOral Oerie WestPahueeach Clewisson Naples RIfters Odend@(CrenuOnly) E31''': r::', • ' :, 7801 S.'se Rd '�: ; 1)'.ceelntx,Rigs FK11 F Srn}uled 1My 3636 Prmped Ave %W KeIFy lrxwr Ot 17300 E Wonlal Or F ` dam, FL 33314 mm Palen FiBxil, FI 13417 Cle,tAimi. Il 33440 NMIes R 34104 Ft Myam. Fl 333M Orlando, F3 37870 1954)591.0181 156116831231 WJ983-6177 1239)403.3636 (23916S3.9233 (4(M 568.WA FAX 13051477-2024 FAX 1954150164P,4 I AX i561 } 6M 4'a91 FAX =1902.1000 FAX 173914W 7510 FAX 173915M 8816 FAX (40715W-1/01 413 of 435 KfllY TAACT011 ATTACHMENT 3 I(P92of2) Kelly Tractor Co. SenYtp Mr YtEintty SIB,. 19;! kl ga•¢iplff'hrrlry {pn mvxM41Ux1n two November 29, 2023 rev 1129 City of Sebastian Page 2 WORKTOOL OPTIONS 388-0067 COUPLER, PG W/O PINS B $10,361 558-9532 LINES, CONNECTOER, PIN GRABBER $ 357 441-6074 BUCKET -DC, 60" 1.32 YD3 (B) $ 7,833 172-8444 (QTY 2) PIN GROUP, SPARE 2.80 NON -SPECIFIED OPTIONS LIST PRICE $21,357 LESS 12% CONTRACT DISCOUNT -2 563 NON -SPECIFIED OPTIONS TOTAL $18,794 MACHINE TOTAL $337,696 PEMBERTON@ 7211 AQUATIC BUCKET $ 6,590 TAG@ POWER TILT COUPLER $ 18,740 DIAMOND@ DER050-C 50" ROTARY CUTTER $ 19,421 CASE DRAIN INSTALL $ 4,500 QUOTE TOTAL $386,947 LESS ADDITIONAL DEALER DISCOUNT $-17,439 QUOTE GRAND TOTAL $369,508 Tiger Swale Ditch cleaner (not included) $ 18,278 FOB: City of Sebastian Thank you for your consideration of our product. Greg Bennett Governmental Sales Office 305-592-5360 Direct 786-579-2651 Cell 786-229-7037 greQ Bennett@kellytractor.com www.kellvtractor.com/Governmental Total $387,786 Quote is valid for thirty days. L A+B+C 2 Miami Davis Wass Palm Batch Clawitton Naples FI Myers Orlando (Crean Only) 8755 RW 58 S1 71111 f4. Fld 5460 Docchot+ce F9vd 801 F Stg<xlarl i Hvy 3636 fhnspett Ave 965E Kelly Dacia 01 11300 £ Colonial tk Miami. Ft 33166 One. Fl. 33314 West Palm Beach, Fl 33411 Clevnslon, It 33440 MaFj*s H 34IN Ft Mym. Ft 1390'1 (k67*. fl 37870 l3ft SV-53m t9541531.8181 5611fi83.1131 o36 isna177 0%403-3636 (23916n 3233 14071568M IAX Al 477 2024 FAX (3541581 6454 fA,X 156116 -45.91 fAX {8631902 1DDO lAX cM 403 75H1 FAX 173'3 SO RSrc FAX4407I M&7701 414 of 435 IATTACHMENT 4I POWER & CASE EQUIPMENT Date: August 25, 2023 CONTRACT DETAILS: Florida Sheriffs Association Bid# FSA23-EQU21,0: Heavy Equipment Contract Dates: October 1, 2023 throught September 30, 2025 EXCAVATOR: WHEELED HYDRAULIC EXCAVATOR - 42,000 LBS OPERATING WEIGHT BID SPECIFICATIONS: Weight: Minimum operating weight- 42,000 lbs. / Engine: Turbocharged diesel engine 140 hp, spin on type filters, two stage air cleaner / Travel System: Travel speed of 21 mph / Hydraulic System: Standard auxiliary hydraulic valve, hydraulic system flow 99 gpm minimum / Wheel Drive: Wheelbase 8' minimum, tire size 10:00x20, ground clearance 13" minimum, gradeability 61 percent / Operating Station: Cab to be air conditioned, heated, and pressurized filtration system, intermittent windshield wipers, opening front windshield, vibration dampening cab mounts, adjustable suspension type operator seat with safety belt, tinted safety glass, engine monitoring system with audible alarms, work lights, stop/tail/turn and emergency flashers / Stick, Boom, Bucket: Boom and stick combination to allow minimum reach at ground level of 30' minimum, bucket to be a general purpose bucket, appropriately sized for machine and included / Swing System: Swing radius7' approximate, swing speed 9,5 rpm minimum / Miscellaneous: Fuel capacity of 77 gal minimum / Blade/Outriggers: Front blade with 8' minimum, rear outriggers FLO. Item #131: (1) NEW CASE WX210E WHEELED EXCAVATOR BASE MACHINE SPECS: WX210ET4 FINAL WX210ET4F Mono -Boom 52,922lb 461555 Rain Deflector ENGINE CUMMINS B6.7170HP 488055 CASE Max View Monitor (Full View Camera) 489278 9'6" (2.92M)Arm 488264 UC w 2 Stabs (2F) & 1R Blade 791981 English Literature 91887511 QC70-80H1G4 Hydraulic Coupler 9400001 Twin Pneumatic 10.00-2014PR 91781892 24" Heavy -Duty Coupler Bucket 488281 Standard Machine Key 461555 2WayAux Pedal Prop. STD Warrantv Cove raee: CASE ProCare — Full Machine Protection Factory Warranty (3-yr/3000-hr), Planned Maintenance (3-yr/2000-hr) and SiteWatch telematics Price, for Base Model Only: $ 344,758.90 Options and Implements Not Included : $ 100,65E,00 Total: $ 445,413.80 Retail price quoted is below MSRP and is the net retail price bid which includes all standard options, fees, make ready charges and freight. Optionial/ilems listed/and not listed will incur additional costs. Prices, availability, STD warranty and specifications will be valid for a period of sixty (60) calender days from the date of the bid opening. CASE ProCare applicable on select New Heavy Machine orders. Ask your CASE dealer for model availability and timine. Please Consult Michael Cabrera (786) 774-3284 Government Specialist at CASE Power & Equipment of Florida for more details & Quotes. Prices shown are In US dollars and are valid only for fiorida State. Locations: (for Sales, Parts, Shop Service & Mobile Services) Miami, FL (Headquaters) Orlando, FL Jacksonville, FL Tampa, FL West Palm Beach, FL Fort Myers, Ft 12601 W. Okeechobee Rd. 9491 Soggy Creek Rd. 9235 Bush Dr. N 1504 Tampa E alvd. 1150 Barnett Dr. 3051 hansom St. Miami, FL 33018 Orlando, fl 3 346 1 Jacksonville, FL 32218 Tampa, FL 33619 lake worth, FI 33461 Fort Myers, FL 33916 415 of 435 till Of SESAST.tAN HOME OF PELICAN ISLAND CITY COUNCIL AGENDA TRANSMITTAL Council Meetine Date: December 13, 2023 Aeenda Item Tide: Review Resolution No. R-21-32 City Council Meeting Procedures Recommendation: Direct staff accordingly. Background: Each year after the seating of newly elected officials, City Council reviews the meeting procedures to determine if any revisions are warranted. If Aeenda Item Reouires Exoenditare of Funds: Budgeted Amount: NIA Total Cost: NIA Funds to Be Utilized for Appropriation: NIA Attachments: R-21-32, R-XX-XX for legislative markup Administrative Services Department Review: NIA 4 City Attorney Review: 1 "I-11A Procurement Division Review, if applicable: City Manager Authorization: _ Date: Ja)e b--)- 416 of 435 RESOLUTION NO. R-21-32 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING THE DATES AND TIMES FOR CITY COUNCIL MEETINGS AND WORKSHOPS; REVISING START AND END TIME; ADOPTING ROBERTS RULES OF ORDER; PROVIDING FOR PROCEDURES FOR AGENDA PREPARATION, AGENDA FORMAT, AGENDA MODIFICATIONS, PUBLIC INPUT, PUBLIC HEARINGS, AND TRANSCRIPTS; REPEALING RESOLUTION R-20-34; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENERS ERRORS' AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Indian River County, Florida, believes it to be in the best interest of the citizens of Sebastian to provide clear direction to establish Council meeting times and dates and provide for conduct of City Council meetings. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, as follows: SECTION 1. ROBERTS RULES OF ORDER ADOPTED. The City Council will follow the current edition of Robert's Rules of Order Newly Revised as a general guideline in the conduct of all meetings and workshops. Failure to follow said rules shall not affect the validity of any action taken. SECTION 2. CITY COUNCIL MEETING DATE AND TIME. A. Regular Meetings: Regular Meetings shall be held on the second and fourth Wednesday of each month at 6:00 p.m. and shall adjourn at 9:30 p.m. unless extended for not more than 30 additional minutes by a majority vote of City Council members present. All unfinished business at adjournment shall be carried to the next Regular City Council meeting unless placed on a special meeting agenda. If a Community Redevelopment Agency Meeting or a Board of Adjustment meeting is needed, those meetings will take place no earlier than 6:00 p.m. on the same night, followed by the City Council meeting at 6:30 p.m. or at the conclusion of the Community Redevelopment Agency or Board of Adjustment meeting. B. Special Meetinqs: Special meetings may be called in accordance with the Charter and shall begin no earlier than 5:00 p.m. and shall adjourn no later than 10:00 p.m. C. Quasi-iudicial Hearinqs: Quasi-judicial hearings, when anticipated to be lengthy, may be conducted at special meetings called in accordance with the Charter for such purpose on the first and third Wednesday of the month or may be placed on a regular meeting agenda at the discretion of the City Manager. D. Workshops: Workshops, when necessary, may be held prior to Regular Meetings or on the first and third Wednesdays of the month no earlier than 5:00 p.m. and shall adjourn no later than 10:00 p.m. All unfinished business at adjournment shall be carried to the beginning of the next scheduled workshop. At workshops, matters may be discussed and placed on an appropriate City Council meeting agenda for formal action. Substantive decisions shall not be made at workshops. 417 of 435 E. Commercial Media Technologv lCMT): City Council deems it to be in the best interest of the citizens and residents of the City of Sebastian, to make provision for public meetings by use of such commercial media technology (CMT) by elected, appointed officials and members of the public. City Council determines it is necessary to protect the health and safety of City Officials, City staff, and the public. City officials can fully participate and take official action during a public meeting by the use of CMT, as long as an in person quorum is met or in times of emergency. The same finding applies to City Board and Committee meetings and quasi-judicial hearings. F. Quorum: The City Council finds that its attendance requirement for purpose of establishing a quorum can be satisfied by physically being present or in times of an emergency, by CMT attendance. The same finding applies to City Board and Committee meetings and quasi-judicial hearings. SECTION 3. THE CHAIR. The Chair may make a motion, second a motion or participate in discussion without relinquishing the chair. Members of Council have the exclusive right to raise questions of procedure or points of order to the Chair and have the Chair rule on the procedure or point of order. Any member of Council may appeal the decision of the Chair to the entire Council, and the result shall be determined by majority vote. SECTION 4. AGENDA SUBMITTAL DEADLINE AND PREPARATION. The City Manager is directed to set agendas for all City Council meetings. Documentation for items on agendas must be submitted to the City Clerk not later than noon on the Thursday preceding the respective meeting to expedite the preparation of agenda packets. SECTION 5. AGENDA MODIFICATION. City Council, by a unanimous vote of its members present, may modify the agenda to add an additional agenda item. In such event, an individual who wishes to address City Council with respect to the new agenda item, shall be afforded a reasonable opportunity to address City Council on such new agenda item. SECTION 6. AGENDA FORMAT AND GUIDELINES FOR REGULAR MEETINGS. The general format and guidelines for Regular City Council meeting agendas shall be in the form attached hereto as Exhibit "A". However, Council may change the order of agenda headings by majority vote. SECTION 7. ORDER FOR PUBLIC HEARINGS (OTHER THAN QUASI-JUDICIAL) BEFORE CITY COUNCIL. The order for public hearings (other than quasi-judicial) before City Council is as follows: A. Order of Business: 1. Chair shall announce the opening of the public hearing. 2. Where applicable, City Attorney shall read the Ordinance or Resolution by title unless applicable law requires more than the title be read. 3. Chair, if appropriate, shall announce the rules that apply to the hearing. 4. Applicant presentation, if appropriate. 5. City staff shall make a presentation, comments and preliminary recommendation, if any. 6. Public input. 7. City staff final comments and recommendation, if any. 8. Chair closes hearing. 9. Council Deliberation and Action B. Continuance of Public Hearinq. City Council may continue a public hearing unless a continuance would violate applicable law. A public hearing may be continued to a time 418 of435 certain stated in the record, or a continuance may be indefinite, in which case it shall be re - noticed. City Council may defer action on a matter and continue the public hearing for receipt of written comments on the matter. matter. C. Deferrina Decision on Merits. City Council may defer action on the merits of any SECTION 8. PROCEDURES FOR PUBLIC INPUT. A. Where Permitted on Council Meetinq Aqendas. 1. Reaular Meetinas. Public input is allowed under Consent Agenda (for an item that is pulled by a Member of City Council), Public Hearings, Unfinished Business, New Business, and Public Input. Public input is not allowed under the headings of 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); and City Council or Charter Officer Matters. Council may, by majority vote, call upon an individual to provide input if desired. 2. Workshops and Special Meetinqs. At workshops and special meetings, public input is limited to the item on the agenda. B. Procedures for All Public Input. 1. Time Limit. Individuals who wish to address the City Council on any agenda items where public input is permitted on agendas are allowed five minutes to speak on that item; however, City Council may extend or terminate an individual's time by majority vote of Council members present. 2. Input Directed to Chair. Speakers shall address the City Council immediately prior to City Council deliberation of the agenda item and all input shall be directed to the Chair, unless answering a question of a member of City Council or City staff. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, provided, however, the Mayor and members of City Council may call upon an individual to provide additional input if desired. 3. Certain Remarks Prohibited. Personal, impertinent, and slanderous remarks, political campaigning and applauding are not permitted and may result in sanctions imposed by the Chair including expulsion from the meeting. Decisions by the Chair may be appealed in accordance with Section 3 above. C. Public Input. 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. 3 419 of 435 SECTION 9. TRANSCRIPTS OF CITY COUNCIL. MEETINGS. The City Clerk is not required to prepare verbatim transcripts of all or any portion of City Council meetings unless City Council, by majority vote, directs such transcripts. SECTION 10. RULES AS GUIDELINES. It is intended that the rules set forth in this Resolution provide a guideline for the effective operation of the business meetings of City Council, and no rights are bestowed upon any parties by the adoption of these rules or by the City Council's failure to act in accordance with them. A. Suspension of Rules. Any provisions of this Resolution, in whole or part, may be suspended by the affirmative vote of at least three Council members. B. Failure to Follow Rules. If City Council fails to abide by any provision of this Resolution, such failure shall not invalidate action taken by City Council or staff. SECTION 11. REPEAL. This resolution repeals Resolution R-20-34 in its entirety. SECTION 12. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed, including Resolution No. R-15-10. SECTION 13. SEVERABILITY. The provisions of this Ordinance are intended to be servable. If any provision of this Ordinance is determined to be void or is declared illegal, invalid, or unconstitutional by a Court of competent jurisdiction, the remainder of the Ordinance shall remain in full force and effect. SECTION 14. SCRIVENER'S ERRORS. Sections of this Ordinance may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager or the City Manager's designee, without need of public hearing, by filing a corrected or re -codified copy of same with the City Clerk. SECTION 15. EFFECTIVE DATE. This Resolution shall take effect upon its adoption. The foregoing Resolution was passed for adoption by Council Member Dodd , was seconded by Council Member ,zones , and upon being put to a vote, the vote was as follows; Mayor Jim Hill aye Vice Mayor Fred Jones aye Council Member Ed Dodd aye Council Member Bob McPartlan aye Council Member Chris Nunn aye The Mayor thereupon declared this Resolution duly passed and adopted this 15th day of December , 2021. CITY OF SE IA L'CSRIDA By: Ji I, Mayor ATTEST: 420 of 435 J anette Williams, MMC itv Clerk Approved as to form and content reliancejby jKe City oyS'el�astigK City 421 of 435 EXHIBIT "A" SEBASTIAN CITY COUNCIL REGULAR MEETING AGENDA FORMAT AND GUIDELINES * 1. CALL TO ORDER 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members. Deletions do not apply. 6. PROCLAMATIONS, AWARDS. BRIEF ANNOUNCEMENTS This item is for presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 7. PUBLIC INPUT Public Input is five minutes, however, it can be extended or terminated by a majority vote of Council members present 8. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests, in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. 9. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 10. PUBLIC HEARINGS Procedures for Public Hearings: Chair announces opening of the hearing City Attorney reads title Chair announces rules that apply to the hearing Applicant presentation Staff presentation, comments and preliminary recommendation Public input. Staff final comments and recommendation Chair closes hearing Council Deliberation and Action 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. CITY ATTORNEY MATTERS No public input under this heading 14. CITY MANAGER MATTERS No public input under this heading 15. CITY CLERK MATTERS No public input under this heading 16. CITY COUNCIL MATTERS No public input under this heading 17. ADJOURN (All meetings shall adjourn at 9:30 pm unless extended for up to one half hour by a majority vote of City Council) Any provisions of this Resolution may be suspended by the affirmative vote of at least three Council members. 6 422 of 435 RESOLUTION NO. R-XX-XX A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING THE DATES AND TIMES FOR CITY COUNCIL MEETINGS AND WORKSHOPS; REVISING START AND END TIME; ADOPTING ROBERTS RULES OF ORDER; PROVIDING FOR PROCEDURES FOR AGENDA PREPARATION, AGENDA FORMAT, AGENDA MODIFICATIONS, PUBLIC INPUT, PUBLIC HEARINGS, AND TRANSCRIPTS; REPEALING RESOLUTION R-20-34; PROVIDING FOR REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENERS ERRORS' AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Indian River County, Florida, believes it to be in the best interest of the citizens of Sebastian to provide clear direction to establish Council meeting times and dates and provide for conduct of City Council meetings. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, as follows: SECTION 1. ROBERTS RULES OF ORDER ADOPTED. The City Council will follow the current edition of Robert's Rules of Order Newly Revised as a general guideline in the conduct of all meetings and workshops. Failure to follow said rules shall not affect the validity of any action taken. SECTION 2. CITY COUNCIL MEETING DATE AND TIME. A. Regular Meetings: Regular Meetings shall be held on the second and fourth Wednesday of each month at 6:00 p.m. and shall adjourn at 9:30 p.m. unless extended for not more than 30 additional minutes by a majority vote of City Council members present. All unfinished business at adjournment shall be carried to the next Regular City Council meeting unless placed on a special meeting agenda. If a Community Redevelopment Agency Meeting or a Board of Adjustment meeting is needed, those meetings will take place no earlier than 6:00 p.m. on the same night, followed by the City Council meeting at 6:30 p.m. or at the conclusion of the Community Redevelopment Agency or Board of Adjustment meeting. B. Special Meetings: Special meetings may be called in accordance with the Charter and shall begin no earlier than 5:00 p.m. and shall adjourn no later than 10:00 p.m. C. Ouasi-iudicial Hearings: Quasi-judicial hearings, when anticipated to be lengthy, may be conducted at special meetings called in accordance with the Charter for such purpose on the first and third Wednesday of the month or may be placed on a regular meeting agenda at the discretion of the City Manager. D. Workshops: Workshops, when necessary, may be held prior to Regular Meetings or on the Est-aad thiFd Wednesdays of the -„ H*" ne erlicr thar,44*-p-n+-on any other day no earlier than 9:00 a.m. and shall adjourn no later than 10:00 p.m. All unfinished business at adjournment shall be carried to the beginning of the next scheduled workshop. At workshops, matters may be discussed and placed on an appropriate City Council meeting agenda for formal action. Substantive decisions shall not be made at workshops. E. Commercial Media Technology (CMT): City Council deems it to be in the best interest of the citizens and residents of the City of Sebastian, to make provision for public meetings by use of such 423 of 435 commercial media technology (CMT) by elected, appointed officials and members of the public. City Council determines it is necessary to protect the health and safety of City Officials, City staff, and the public. City officials can fully participate and take official action during a public meeting by the use of CMT, as long as an in person quorum is met or in times of emergency. The same finding applies to City Board and Committee meetings and quasi-judicial hearings. F. Ouorum: The City Council finds that its attendance requirement for purpose of establishing a quorum can be satisfied by physically being present or in times of an emergency, by CMT attendance. The same finding applies to City Board and Committee meetings and quasi-judicial hearings. SECTION 3. THE CHAIR. The Chair may make a motion, second a motion or participate in discussion without relinquishing the chair. Members of Council have the exclusive right to raise questions of procedure or points of order to the Chair and have the Chair rule on the procedure or point of order. Any member of Council may appeal the decision of the Chair to the entire Council, and the result shall be determined by majority vote. SECTION 4. AGENDA SUBMITTAL DEADLINE AND PREPARATION. The City Manager is directed to set agendas for all City Council meetings. Documentation for items on agendas must be submitted to the City Clerk not later than noon on the Thursday preceding the respective meeting to expedite the preparation of agenda packets. SECTION 5. AGENDA MODIFICATION. City Council, by a unanimous vote of its members present, may modify the agenda to add an additional agenda item. In such event, an individual who wishes to address City Council with respect to the new agenda item, shall be afforded a reasonable opportunity to address City Council on such new agenda item. SECTION 6. AGENDA FORMAT AND GUIDELINES FOR REGULAR MEETINGS. The general format and guidelines for Regular City Council meeting agendas shall be in the form attached hereto as Exhibit "A". However, Council may change the order of agenda headings by majority vote. SECTION 7. ORDER FOR PUBLIC HEARINGS (OTHER THAN QUASI-JUDICIAL) BEFORE CITY COUNCIL. The order for public hearings (other than quasi-judicial) before City Council is as follows: A. Order of Business: l . Chair shall announce the opening of the public hearing. 2. Where applicable, City Attorney shall read the Ordinance or Resolution by title unless applicable law requires more than the title be read. 3. Chair, if appropriate, shall announce the rules that apply to the hearing. 4. Applicant presentation, if appropriate. 5. City staff shall make a presentation, comments and preliminary recommendation, if any. 6. Public input. 7. City staff final comments and recommendation, if any. 8. Chair closes hearing. 9. Council Deliberation and Action B. Continuance of Public Hearing. City Council may continue a public hearing unless a continuance would violate applicable law. A public hearing may be continued to a time certain stated in the record, or a continuance may be indefinite, in which case it shall be re -noticed. City Council may defer action on a matter and continue the public hearing for receipt of written comments on the matter. C. Deferrina Decision on Merits. City Council may defer action on the merits of any matter. 2 424 of 435 SECTION 8. PROCEDURES FOR PUBLIC INPUT. A. Where Permitted on Council Meeting Agendas. 1. Regular Meetings. Public input is allowed under Consent Agenda (for an item that is pulled by a Member of City Council), Public Hearings, Unfinished Business, New Business, and Public Input. Public input is not allowed under the headings of 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); and City Council or Charter Officer Matters. Council may, by majority vote, call upon an individual to provide input if desired. 2. Workshops and Special Meetings. At workshops and special meetings, public input is limited to the item on the agenda. B. Procedures for All Public Input. 1. Time Limit. Individuals who wish to address the City Council on any agenda items where public input is permitted on agendas are allowed five minutes to speak on that item; however, City Council may extend or terminate an individual's time by majority vote of Council members present. 2. Input Directed to Chair. Speakers shall address the City Council immediately prior to City Council deliberation of the agenda item and all input shall be directed to the Chair, unless answering a question of a member of City Council or City staff. Individuals shall not address City Council after commencement of City Council deliberation on an agenda item after public input has concluded, provided, however, the Mayor and members of City Council may call upon an individual to provide additional input if desired. 3. Certain Remarks Prohibited. Personal, impertinent, and slanderous remarks, political campaigning and applauding are not permitted and may result in sanctions imposed by the Chair including expulsion from the meeting. Decisions by the Chair may be appealed in accordance with Section 3 above. C. Public Input. 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. SECTION 9. TRANSCRIPTS OF CITY COUNCIL MEETINGS. The City Clerk is not required to prepare verbatim transcripts of all or any portion of City Council meetings unless City Council, by majority vote, directs such transcripts. SECTION 10. RULES AS GUIDELINES. It is intended that the rules set forth in this Resolution provide a guideline for the effective operation of the business meetings of City Council, and no rights are bestowed upon any parties by the adoption of these rules or by the City Council's failure to act in accordance with them. 3 425 of 435 A. Suspension of Rules. Any provisions of this Resolution, in whole or part, may be suspended by the affirmative vote of at least three Council members. B. Failure to Follow Rules. If City Council fails to abide by any provision of this Resolution, such failure shall not invalidate action taken by City Council or staff. SECTION 11. REPEAL. This resolution repeals Resolution R-20-34 in its entirety. SECTION 12. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed, including Resolution No. R-15-10. SECTION 13. SEVERABILITY. The provisions of this Ordinance are intended to be servable. If any provision of this Ordinance is determined to be void or is declared illegal, invalid, or unconstitutional by a Court of competent jurisdiction, the remainder of the Ordinance shall remain in full force and effect. SECTION 14. SCRIVENER'S ERRORS. Sections of this Ordinance may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager or the City Manager's designee, without need of public hearing, by filing a corrected or re - codified copy of same with the City Clerk. SECTION 15. EFFECTIVE DATE. This Resolution shall take effect upon its adoption. The foregoing Resolution was passed for adoption by Council Member , was seconded by Council Member , and upon being put to a vote, the vote was as follows: Mayor Vice Mayor Council Member Council Member Council Member The Mayor thereupon declared this Resolution duly passed and adopted this day of 2024. CITY OF SEBASTIAN, FLORIDA M. ATTEST: Jeanette Williams, MMC City Clerk Approved as to form and content for reliance by the City of Sebastian only: Jennifer Cockcroft, Esq. City Attorney Mayor 4 426 of 435 EXHIBIT "A" SEBASTIAN CITY COUNCIL REGULAR MEETING AGENDA FORMAT AND GUIDELINES 1. CALL TO ORDER 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL 5. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of City Council members. Deletions do not apply. 6. PROCLAMATIONS. AWARDS. BRIEF ANNOUNCEMENTS This item is for presentations of proclamations, certificates and awards, and brief timely announcements by Council and Staff. No public input or action under this heading. 7. PUBLIC INPUT Public Input is five minutes, however, it can be extended or terminated by a majority vote of Council members present 8. CONSENT AGENDA All items on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of consent agenda items unless a member of City Council so requests; in which event, the item will be removed and acted upon separately. If a member of the public wishes to provide input on a consent agenda item, he/she should request a Council Member to remove the item for discussion prior to start of the meeting or by raising his/her hand to be recognized. 9. COMMITTEE REPORTS & APPOINTMENTS City committee reports and Council Member regional committee reports. No public input or action except for City committee member nominations and appointments under this heading. 10. PUBLIC HEARINGS Procedures for Public Hearings: Chair announces opening of the hearing City Attorney reads title Chair announces rules that apply to the hearing Applicant presentation Staff presentation, comments and preliminary recommendation Public input. Staff final comments and recommendation Chair closes hearing Council Deliberation and Action 11. UNFINISHED BUSINESS 12. NEW BUSINESS 13. CITY ATTORNEY MATTERS No public input under this heading 14. CITY MANAGER MATTERS No public input under this heading 15. CITY CLERK MATTERS No public input under this heading 16. CITY COUNCIL MATTERS No public input under this heading 17. ADJOURN (All meetings shall adjourn at 9: 30 pm unless extended for up to one half hour by a majority vote of City Council) Any provisions of this Resolution may be suspended by the affirmative vote of at least three Council members. 5 427 of 435 alMI SE �.CC44. `l -- HOW OF PELICAN ISLAND CITY COUNCIL AGENDA. TRANSMITTAL Council Meetinti Date: December 13, 2023 Aecuda Item'ntle: City Attorney request for direction on codification of certain procedural matters relating to Council and Citizen. Advisory Boards including training on law, cthics and procedures. Recommendation: The City Attorney recommends City Council approve codification of certain matters previously approved through Resolution; consideration of other changes in procedures; and scheduling of a workshop of the City Council. Bac[c-ground: This item is brought before you in order to consider certain matters or issues currently existing with respect to the public hearings being held before the City's citizen boards. Currently, there is an annual Resolution brought before the Council in which the time is established for ending meetings at 9:30 or extension by one half hour which is to be reconsidered at this meeting. It is the opinion of the City Attorney that this should be codified, along with all other matters contained in Resolution No. R-22-15, as passed and adopted on June 22, 2022 and as reconsidered at this meeting. Codification of these matters will help enable future board members and the public easier access to the information if adopted into the City's Code of Ordinances. Further, the City Attorney would suggest scheduling a brief (up to one hour) workshop prior to the first regularly scheduled City Council meeting in January for a brief training on ethics, law and meeting decorum as well as discussion and direction on other topics suggested below. Sample matters for discus sion/direction: (1) Training for citizen boards & chairpersons. (2) Amendments to procedures for removal of citizen board members. (3) Removal of citizen board alternates from participation or deliberation of matters on the dais per Robert's Rules of Order. (4) Speaker oath cards. (5) Limiting public comment via zoom participation in quasi-judicial matters unless aggrieved party/applicant. (6) Establishment of reasonable time limits for participants in quasi-judicial hearings. Additional backup materials regarding topics will be provided at the work shop if scheduled. If Aeenda Item Reauires Exoenditure of Funds: Budgeted Amount: N/A Total Cost: N/A Funds to Be Utilized for Appropriation: N/A 428 of 435 Attachments: 1) Resolution No. R-22-15 Administrative Services Departme t Review`I City Attorney Review: _ Procurement Division Review, if applicable: City Manager Authorization: ^, Date: J-� 16)."A-) <��-I-J. 4 1,, N /� 429 of 435 RESOLUTION NO. R-22-15 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING R-12-38 IN ITS ENTIRETY; CREATING NEW BOARD CATEGORIES AND PROCEDURES; PROVIDING FOR MEETING START TIME AND END TIMES FOR ALL CITY BOARDS AND COMMITTEES; PROVIDING FOR A STANDARD AGENDA FORMAT; PROVIDING FOR PROCEDURES FOR PUBLIC INPUT AND PUBLIC HEARINGS; PROVIDING FOR USE OF ROBERTS RULES OF ORDER AS A GENERAL GUIDELINE; PROVIDING FOR CONFLICTS; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sebastian, Indian River County, Florida, is a municipal corporation duly created and existing pursuant to the Constitution and laws of the State of Florida; and WHEREAS, the City Council desires to update the procedures for board and committee meetings in the Code of Ordinances; and WHEREAS, the City Council of the City of Sebastian, Indian River County, Florida, believes it to be in the best interest to provide clear direction to its appointed Boards and Committees by approving a standard meeting time, meeting and public input guidelines, and agenda format to be used to provide for successful Board and Committee meetings. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, AS FOLLOWS: SECTION 1. BOARD AND COMMITTEE MEETING TIME. City Board and Committee meetings shall begin no later than 6:00 p.m. and shall adjourn at 9:30 p.m. unless extended for not more than 30 additional minutes by a majority vote of members present. All unfinished business at adjournment shall be carried to the next meeting. SECTION 2. ROBERTS RULES OF ORDER ADOPTED. City Boards and Committees will follow the current edition of Robert's Rules of Order Newly Revised as a general guideline in the conduct of all meetings and workshops. Failure to follow said rules shall not affect the validity of any action taken. SECTION 3. THE CHAIR. The Chair may make a motion, second a motion or participate in discussion without relinquishing the chair. All matters Pao throunh the Chair. Members of the Board or Committee have the exclusive right to raise questions of procedure or points of order to the Chair and have the Chair rule on the procedure or point of order. Any member of the Board or Committee may appeal the decision of the Chair to the Board and the result shall be determined by majority vote. 430 of 435 SECTION 4. BOARDS, AGENDA FORMAT AND GUIDELINES FOR MEETINGS. There shall be three (3) types of City of Sebastian Boards: A. Cateeory l: These are Judicial or financial in nature and are there to advise or recommend to City Council or staff on a specific item brought before it per the Code. 1. BOA, LPA, Construction, Police Pension and Planning & Zoning Boards fall under Category 1. 2. The amended Agenda will reflect that these boards do not have a separate section related to Public Input on non -agenda matters, Commission Matters or Next Agenda. However, the public can bring up issues related to a specific item that is related to the Boards' purview to a commissioner to be considered for placement on the next agenda by consensus of the Board and any comment on matters before the Board. B. Cateeory 2: These are fact finding and public representation to advise City Council. These boards do not implement policies. Subcommittees may be fonned under this category and shall follow the same agenda format. 1. Charter Review, Natural Resources, Budget Review, Parks & Recreation and Veteran's Boards fall under Category 2. 2. The amended Agenda will reflect Public Input; but, no Commission Matters or Next Agenda. C. CateQory 3: These are Ad hoc or temporary committees created on an "as need" basis by City Council and their function and authority is defined at the time of its creation. Subcommittees may be formed under this category and shall follow the same agenda format. 1. Citizens Advisory Task Force, i.e., Centennial Task Force falls under Category 3. 2. The amended Agenda as needed when created by City Council. The general format and guidelines for City meeting agendas shall be generally in the form attached hereto as Exhibit "A". SECTION 5. ORDER FOR PUBLIC HEARINGS (OTHER THAN QUAS1- JUDICIAL) Order for public hearings (other than quasi-judicial procedures which are established by City Council Resolution No. R-20-35) before City boards and committees: A. Order of Business: *Chair announces opening of the hearing. *City Attorney reads the title. *Chair announces rules that apply to the hearing. *Applicant presentation. *Staff"presentation, comments and preliminary recommendation. *Public Input. *Staff final summary and recommendation. *Chair closes hearing. *Board deliberation and action. B. Continuance of Public Hearing. The Board or Committee may continue a public hearing unless a continuance would violate applicable law. A public hearing may be continued to a time certain stated in the record, or a continuance may be indefinite, in which case it shall be re- 2 431 of 435 noticed. The Board or Committee may defer action on a matter and continue the public hearing for receipt of written comments on the matter. SECTION 6. PROCEDURES FOR PUBLIC INPUT. A. Procedures for Public Input. 1. Time Limit. Individuals who wish to address the Board or Committee on any agenda items for which official action is to be taken (typically items listed under public hearings, new business and unfinished business) are allowed five minutes to speak on that item, however, the Board or Committee may extend or terminate an individual's time by majority vote of members present. 2. Input Directed to Chair. Speakers shall address the Board or Committee immediately prior to deliberation of the agenda item and all input shall be directed to the Chair, unless answering a question of a member of the Board or Committee or City staff. Individuals shall not address the Board or Committee after commencement of deliberation on an agenda item after public input has concluded, provided, however, the Chair and any member of the Board or Committee may call upon an individual to provide additional input if desired. 3. Certain Remarks Prohibited. Personal, impertinent, and slanderous remarks, political campaigning and applauding are not permitted and may result in sanctions imposed by the Chair including expulsion from the meeting. Decisions by the Chair may be appealed in accordance with Section 2 above. C. Public Input. The heading on Regular Meeting agendas "Public Input" provides an opportunity for individuals to bring new information or requests to the Board or Committee 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 the Board or Committee one week prior to the meeting if they intend to refer to specific material. The Board or Committee will not debate an issue during Public Input but may decide by consensus to place a requested item on a future agenda. SECTION 7. RULES AS GUIDELINES. It is intended that the rules set forth in this Resolution provide a guideline for the effective operation of the business meetings of City Boards and Committees, and no rights are bestowed upon any parties by the adoption of these rules or by Board or Committee failure to act in accordance with them. A. Suspension of Rules. Any provisions of this Resolution, in whole or part, may be suspended by the affirmative vote of at least a majority of the members present. B. Failure to Follow Rules. If a Board or Committee fails to abide by any provision of this Resolution, such failure shall not invalidate action taken by the Board or Committee. 3 432 of 435 SECTION 8. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION 9. 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 the need of public hearing. by filing a corrected or re -codified copy of same with the City Clerk. SECTION 10. EFFECTIVE DATE. This Resolution shall take effect upon its adoption. The foregoing Resolution was passed for adoption by Council Member Dodd , was seconded by Council Member Nunn , and upon being, put to a vote, the vote was as follows: Mayor Jim Hill absent _ Vice Mayor Fred Jones aye Council Member Ed Dodd aye _ Council Member Chris Nunn aye _ Council Member Bob McPartlan aye The Mayor thereupon declared this Resolution duly passed and adopted this 2 2 nd day of June , 1022. ATTEST: anette Williams, MMC ity Clerk Approved as to Form and Content for Reliance by the City of Sebatian Only: 4 CITY OF SEBASTIAN, FLORIDA By: Vice Mayor Fred Jones for Jim Hill, Mayor 433 of 435 EXHIBIT "A" SEBASTIAN BOARD AND COMMITTEE JUDICIAL/FINANCIAL COMMITTEE AGENDA FORMAT AND GUIDELINES * CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. AGENDA MODIFICATIONS Modifications and additions require unanimous Dote of members. Deletions do not apply. 5. PUBLIC HEARINGS (does not apply to all boards) *Chair shall announce the opening of the public hearing *City Attorney shall read the Ordinance or Resoh►tion by title Curless applicable lax requires more than the title be read *Applicant presentation, if appropriate *City staff shall make a presentation, comments and preliminary recommendation, if any *Public input (for or against) *City staff final summary and recommendation, if any *Chair closes hearing. *Board Deliberation and Action 6. UNFINISHED BUSINESS 7. NEW BUSINESS 8. ADJOURN *Any provisions of this Resolution may be suspended by the affirmative vote of at least a majority of members present. 5 434 of 435 SEBASTIAN BOARD AND COMMITTEE FACT FINDING/AD HOC AGENDA FORMAT AND GUIDELINES * 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. AGENDA MODIFICATIONS Modifications and additions require unanimous vote of members. Deletions do not apply. 5. PUBLIC INPUT Public Input on items other than on the printed agenda, is five minutes, ho►vever, it can be extended or terminated by a majority vote of members present 6. UNFINISHED BUSINESS 7. NEW BUSINESS 8. ADJOURN *Any provisions of this Resolution may be suspended by the affirmative vote of at least a majority of members present. 435 of 435