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12/6/1978
WEDNESDAY, DECEMBER 6, 1978 THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, ACTING AS THE BOARD OF SUPERVISORS OF THE ROCKRIDGE SUBDIVISION STREET LIGHTING DISTRICT MET AT THE COURTHOUSE, VERO BEACH, FLORIDA AT 8:46 01CLOCK A.& PRESENT WERE 4JILLARD W. SIEBERT, JR., CHAIRMAN; R. DON DEESON, VICE CHAIRMAN; ALMA LEE Loy; WILLIAM Cl WODTKE, JR.; AND PATRICK B. LYONS. ALSO PRESENT WERE GEORGE G. COLLINS, JR., ATTORNEY TO THE BOARD OF SUPERVISORS; .JEFFREY K. BARTON, FINANCE OFFICER; AND VIRGINIA HARGREAVES AND JANICE CALDWELL, DEPUTY CLERKS. THE CHAIRMAN CALLED THE MEETING TO ORDER AND ANNOUNCED THAT IT IS BEING HELD FOR THE PURPOSE OF ADOPTING A RESOLUTION AUTHORIZING NEW SIGNATURE CARDS ON THE ROCKRIDGE STREET LIGHTING DISTRICT ACCOUNT. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER WODTKE, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION No. 78-4, DEC 6 1978 5 fie do FAQ 9 RESOLUTION NO. 78-4 Dec. 6, i9 78 FIRST CITRUS BANK OF INDIAN RIVER COUNTY VF.RO BEACH, FLORIDA Gentlemen: On the 6th day of Dec. 19 78 , a meeting of Rockridge Subdivision Street Lighting Dist. of I. R. Co. (Name of Organization) was held and it was resolved that all checks, drafts or orders drawn against the account of said organization in FirN (31yus Bank t►f Indian "tr 0tunty Vero Beach, Florida, be signed by any 1 of the following: itle itle itle itle (if none so state) Name �` Title NameTitle �JL ZZ i Thi1v✓aUtUbtIMi6fi—else7;jtcdntinue in force and said bank may consider the facts concerning-thillholders of said offices, respectively, and their signatures to be and continue as set forth on the enclosed sig- nature cards, until written notice to the contrary is duly served on said bank. All previous authorizations and signature cards are hereby declared null and void. The monthly statements for this organization are to be mailed to: .. P.O. Box 1028 Vero Beach, Florida 32960 Yours very truly, Rockridge Subdivision Street Lighting Dist. (Organization) of. Co. lwl-,-41 1 ` 1NRTURn ` R6ckrid a Subdivision Street Li t{{,,,,,,.. .Aw.u.wsN/. DD�gg $ 8h 71060UNT Ntt). TO Fite Chew Bank oflndla 1Ri 0.r County, Vero Bleach. Florida 98-29-174-0 You an wtborind to reco,nise any • of the ailamres suVkriW below pa —sob( f a ' or Aa traeretioo of my bu * for this account. It is apted that an tra cti i etw n . an .e d ri aba0 be p serned by the co uact,rioted on c thr re.er.e side of this a G4 (' Nkat• [[Ober of sinal rn required.) i SIGNATURE A.B.A. Appro ed untraet AUTMONI D NAT ) OF/ _ SOCIAL SECURITY NUMBER (S) 17 /JyMAO(1AA. 'VOr# cf�% ft10=Ida 32960 U trAT I aIONATUN[ AUTNONSTV OATYO INITIAL O[.O[IT ACCOUNT OI[N[O Or DEC 6 1978 9 THERE BEING NO FURTHER BUSINESS, ON MOTION MADE, SECONDED AND CARRIED, THE BOARD ADJOURNED AT 8:50 O'CLOCK A.M. ATTEST: CLERK CHAIRMAN DEC 6 1978 7 I i THE BOARD OF COUNTY COMMISSIONER RECONVENED AT 8:51 O'CLOCK A.M. WITH THE SAME MEMBERS PRESENT. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPOINTED .JEFFREY K. BARTON, FINANCE OFFICER,CUSTODIAN OF THE PETTY CASH IN THE FINANCE DEPARTMENT. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY AUTHORIZED THE FINANCE OFFICER TO CREATE THREE NEW PETTY CASH ACCOUNTS FOR THE FOLLOWING DEPARTMENTS: (1) THE PLANNING DEPARTMENT (2) UTILITY.- GIFFORD OFFICE (3) UTILITY - COURTHOUSE DEPARTMENT ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR .JUDITH WAKEFIELD, COUNTY EXTENSION DIRECTOR, AND PETE SPYKE, AGRICULTURAL SPECIALIST, AS FOLLOWS: .JUDITH WAKEFIELD: DECEMBER 6 COCOA DISTRICT XII 4-H COUNCIL r'1EETING EVENING DECEMBER 8 BELLE GLADE EXTENSION TRAINING SESSION ON PRIORITY SETTING TO HELP WITHFROGRAM PLANNING PETE SPYKE: I� CEMBER 13- HOMOSASSA�lARTERLY CITRUS EfrENSION AGENTS MEETING. 11 EUPA$STATE RTMENTft'LHAIRMEN ANDDEANS, STATE SPECIALISTSAGENTS, ILL BE PRESENT TO DISCUSS STATEWIDE PROGRAMS. HE PRESENT SITUATjON AND FUTURE GOALS OF THE DEPARTMENT OF }-RUIT CROPS WILL ALSO BE EXAMINED. DECEMBER 18 FT. PIERCE WICULTURE EGRATED PEST MANAGEMENT MEETING OT THE RESEARCH ENTER IN T. IERCE. RENT WORK AND RESEARCH UNDERWAY AT THE REO N PEST MANAGEMENT WILL BE DISCUSSED, AFTERNOON MEETING. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED STATE WITNESS PAY ROLLS, CIRCUIT COURT, SPRING TERM, 1978, IN THE AMOUNTS OF $62.911, AND $144.92. THE FOLLOWING REPORTS WERE RECEIVED'AND PLACED.ON FILE IN THE OFFICE OF THE CLERK: .REPORT OF TRAiF VBUREAU - SPECIAL TRUST FUND, OCTOBER,9�i VIOLATION OUNTY WELFARE DEPARTMEIyT, SEPTEMBER, J978EPORT OF CONVICTIONS, IRCUIT OURT, OVEMBER, 198 DEC o 197 :. .. .. ... Y'.1 r r4sP.W+a9 wwV%Y.Y Y'N'., aAr4Y6rowPFan'.yl^:.. .y. J'Y.`dyl•Pdr N� r re & isYF':(p1�Y�tPY"a`Vemu w1 R•'�'•�^�'=�•.v^0.�"r •".-�°1 � 'u_ ..::.. f. ad.'..'.�:'�C'N�..' .�1..t3� vi„4'-Zvi{•!1-.f�- ' r tL _ .-.�_-•—.....�.Y.. —. - - � _. _ _ ._. .. _ .. _. .. w �" �f�' � �f.\Y,� i •�•,— "�. F,� . .r: `;a y i:,. 'L+';y` ..P M y �•jj$yy'')Jj�+ sl.' (r, \1 7�,1 �• �:. �,:..� \///�•r�.(� �s;��,�. �,' i_� �\ 11� ,�r� ,��•.�(''1, y\\ qi .1`�\,'t�''y� ��i- ti; rF,�L �'i �f, t'�� �°l'. .;�'-'•a._1' F`/i ��/LCt` \-� - //%1� �. W 'v� Tom-- _ -?• `r�i i• . 5 `a lt' i0�• 9J' i ltYy''"�.• -�. �.'•:..''C1C.' r w z = r.,:• l yx`'` u"i�-1uv �� i W} ' .aia R,i . �L; - --- .+ •`•: - = i I'�F, ,7. .lye / to pit f �p7{, LUt E z f- EMERGENCY MEDICAL SERVICES <n o 0 , _ SIL. U N �`•�' `` �' CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY �� '• w a co s'.�' WHEREAS,, the Indian River County Volunteer ��: - Ambo 2anee Sehv iee pxov-idea o >- w'�' qy emehgeney m �.6 vcc" a zeas o Indian River County; U Q f- v and, U > '�` „� 1 WHEREAS, thence has been demon, t�ca ted that there is a need Son th i a ambccPanee s env iee. • `�to w w w ; r•s YJ` 4 ��• Count and e in th�i.6 county to pnoucde essen ,iae se�cvieeA to the citizen o6 thia cn x U cn . , , I. ,,, y. , J °1� r 11i o ~ w ;;: WHEREAS- *the above ambutanee senviee has ,i.ndi ated .that it wW eompty with att the 'I .� w ra z ''°+l nequ kemenfi6 oS the Emergency Medieat SeAvices Act oS 1973 the Sound os County ' > > z I Commiss.ionva o Indian River ' ! �; Ix o Q g a: y� I:!,= Convenience S County hexeb y ",6uea a Ce�cU4 irate o Pubt i e �� (31 - ,r , i and NeceKs y to am ce company S z a. w , ! j pany Son the can .1'J 79 i , Kz : ; > o a v ° P y i,�'; Q z ¢ 1 .i In .iaduing this cVWJi.eate tt t6 that the above a, �. ,` C ',3�.�';,r} i wiZQ meet the negrtiwc cots o underatood a named ambulance 6elcvice j '" w w ,�� :� a -Soon boon basis Son #h e. ecrtioeanrayuf provide emergeney he�ivdces on �`•�, !, I Z "A, % �F O as -- A O zce h Z PQ wo v ,;; ' ')l ',� December 6, 1975 f o i iw- > I ► I I!�i C an, oa o Coco (om s io I I,;i : • �:` ,ilI i w 4' Q W W Z /,.�p� �cT/���_ rte;\��� !i% y irc,---=`i .JA i I !.: ' •r'��: —_ ��� '7.ZtJ' ,rt• r ..'t -.',i,, .,�_ \ . �`.c=�.� �t.S � \� ,i'� 3•f/i,sri �.. � ..3 j}„ �,,,� •. -.- � ..a �.. �.,a.xi ;,mw. a,: e,. _,a:.,:..,u r<w:�+.a za.-m.. n�a•+aeaa.�afw.•..-.^.,.-a�.»a-..,R«»'as,.,:.:_-ys_r _..�-,;y�•'.w}i,U.s,,.. _ •��:._ ��'.+:s���.:_:;;;�:, }�frx�s�#�:���tia•6ub',ae �.. :aa�nm�P�r.. eaww''Ll.'3. b.,>d.A.a:�-� "am_..�_e+.�e_v 2"L�•+.,:�.au+9s s. _...:�� ��. r_ ••sC>.rt,MW. _ i=..._ ;'a'+w`p._._...,...._,_..M'�.+a�.�.""�r:!.i;' ___.._.. .. ...... >_71wY7 awF,-'. _ --41'.'8 a::. E_ • T -A . __ -,►--'°'y � � � ,• •t -' `jam :f- •. � •F--- .:.1..�:y:.-.�. ;}, •; :.� ��� 1 f �- _ .•1.� .r ;•; �` �•� -�, � ��� • : �� � ter\ i� •tr ""�c"�„ y ��...+ 1 \ • N s a � n a t' �" r^ •r., :r; _ ti r � •.-1 , ' '''fir tt ti :'l !'�� \ '/ }� =`fir=' ,� \' l�`�`t. `' f•j <�''•1� 4" - ( 1�� f:''. •• j" -., .:.» •-: �� . -__•. \ t °;/-'., ' i� - �i.>•r;, * •�..,,,+- -~''•� fI '�_' • f •..:5�� ;``.:\'� + t t\� \�. `J��'i i l (P''✓/ i ✓~r.. j 1'�• '- 3• : 1 r f �nj.-'r. i �„ •j. • !,t? .- , . /+ . ix >- _ � /� ._.��--..,.ter .rte •::i:..; .. � � ` .•,.r.�i .. j��r. ,�.. ';^�. •�: /' �--~ w0 ca i "� «-'� i`•. �.r . --=r.•- �:.'-!_�_��; �'��1 fi~rr 4� ��:e�. r� 1: �� .��!!i_.-::te`y;�, ,��r. i ;_.rte z �) / `� � __ _ — __�. /{ � �\ • ..:_:_ _ _ \ 1~1r�.�`�i.la,� / 1• ,,.,._-�. ': ,�: orf •';� --' �-�-�_. -l. ^" f �y ..r- ��n--A .�-•. _s3..... •y. __7`_:.. f��r..: a ie. a.._.__� ' P�i is :.1 rte.:. •-•••y • - .+ay \ • N = f.. � '"tea v:us�T- - ,-=:..a ,- - - .,==s>_. �_. �aa,�-_-.:z �•:=. Za-=�.. '=�- �'� E •`9.• <'..'_.�._ _a. 1.f:... j�.� ,`_���.`� �t; �- col) Cn • nLLJ % 'S,� ; ti �cs EMERGENCY MED r� ICRL SERVICES eL' � l{.��i • ,i' r m ¢ ,s w n3 it1 L' CEF] IFICA7E Of PUBLIC CONVENIENCEMID NECESSITYXA LLJ X: ' A Je ° '{ WHEREAS, the SEBASTIAN VOLUNTEER N .,� •�� � _; r;.�t, A.nbul rce SeAvtce ptov.c.de3 o a N S�• �;:�� ,. y eme tg e."my rre ccwc s e zv tees to e e r��c zexs o '; 'r'►. w czi u=k {j �� and, Indian River Cowtt_y; t• N w {( �� •theAe}has been ♦-demo,uttated tktt-•trete is a need 60t osis arbutcuzce setv�ee 1 W to V)JVIiCIe C►t 1/Vs COU►LLr ; Cow.'• arzf ! t° ]ywvcde e3 y e,u`LzL' 3etui cea ato d:e. c i.,zems oG .:f' i s o w A ¢ > "ter i� ! WHEREAS, .ifte above ambo'indicated f a►:ce s e tutee has ti at <.t n i•tL t u:Qh att ca u w .�:�:! IAequ.ilce�rsenta 06 x,'ce Er�e,•�e,:Cs! "(F y the l!: `�•.,_:-' edtcat S w.icea Act o f 1973, t!ce Smtd o6 County it ,• � i� z N Cor russ•icnet.s o6 Indian River Cowt • w a w �' I Convenience a►u< t. •ty hereby :Z4sue3 a Cutit•icate o6 PubUe '(.�':. z a z v �•.: ecc•3s:�y ,.o ivs a>r ut.^i:ce compa,:y so)c fi.►v. year 19 -}-i o"�: {'.•� I►i issui,:g t1:is ce;:ti6Ccate i,t cd w:denstood i meet that fine above iam2d =bu nr-e s iv. ce A. !j; ` �--='" o u it #tee �iegcrt terse►Lts o6 State Cegis��.Lton and ptovcde ¢r¢.tg.rcy aehviees on `fl` �\ `-1 S, u a-Oventy-Sou.t' hoer basia 6o:t ti:e jo£Pouing area(bj: •rte �, i' a Mu: vm u - ii. --L, :f %'/J�,',� _December 6 1978 C) Lu ►— u_ F- 4 / ,�.. �l/�'.��.Qa 1. r t iti.`�. �.. •! ,rr ' ' , o CIJr^.c.SSco►cets • q ! ':.!'c�'` .� [•1111iam C. Wodt .e; Jr. W W W i : i -- ,4a s i ��- rpt �:__ ..:.: r G y� - �" � ..r ' �1.. ►j% �.=r' i .= _� � ••�?�: L� C�,� ��C'.\��; :: _ � --- � �/ -.•- --� � _ _ - .iii i`" � .1 Jy,`/ � ��s— .:�-z` .� ��'� �:✓, _ � . ... J / ii`;�a�_`, 1, .••'�y '• t�'� •h% �7 � � aY �• \�--� �, �,.• �'•. jj •"a tcm • �r,• � �-r�'•���j -.;.�' tj�`+"" 1�] � !: .�If � fJ �'' •ti 1LJ�� �ti.e'r•:^'r('t"�Zt j � '�i.'�T.:�1-°•-•��i ,%-�.^� �� ra .. t� �:i • � `i`i. �`_'- �.f ' � `�� /� .4 C•_jY -._. ,�,'e�s�_ ' a�� J�, �:.II:�-�11L> `r...iti °� ,S'�Y�t'�--,"`i�V t; (�•.���'�.�T�l\��'J�•/����"'s. ~ r 0 CHAIRMAN WODTKE INFORMED THE BOARD THAT CORRESPONDENCE HAS BEEN RECEIVED FROM AL GARBUTT, SECRETARY OF SUNDOWNERS SUBDIVISION, INC., REQUESTING AN OPPORTUNITY TO COME BEFORE THE BOARD AND DISCUSS THE DRAINAGE SYSTEM AND ROAD CONSTRUCTION IN THEIR SUBDIVISION.. IT IS THEIR CONTENTION THAT THE BOARD HAS SOME RESPONSIBILITY IN THESE AREAS SINCE THEY ORIGINALLY APPROVED THE SUBDIVISION. .JACK DRITENBAS, PRESIDENT OF SUNDOWNERS SUBDIVISION, INC., CAME BEFORE THE BOARD AND INTRODUCED MAX SCONYERS AND .JACK REDISH, DEVELOPERS OF THE SUBDIVISION, AND LEON DALTON, PROPERTY OWNER. HE STATED THAT THE SUBDIVISION, WHICH IS IN AN OLD GROVE, IS LOCATED SOUTH OF 16TH STREET ON 53RD AVENUE AND CONSISTS OF 14 RESIDENTIAL LOTS WHICH AVERAGE 1 TO 1-1/4 ACRES. SEVEN OF THESE LOTS ARE DEVELOPED AND OCCUPIED. MR. DRITENBAS PRESENTED A PLAT FOR THE BOARD TO REVIEW AND STATED THAT THE CRUX OF THE MATTER IS THAT THEY FEEL THE COUNTY SHOULD NOT HAVE APPROVED.THE SUBDIVISION UNTIL IT WAS PROPERLY DONE. HE THEN PRESENTED PICTURES SHOWING THE PROBLEMS, NOTING THAT THERE ARE LARGE TREES IN THE DRAINAGE DITCH AS WELL AS OBSTACLES THAT HAVE NEVER BEEN REMOVED SINCE THE SUBDIVISION WAS APPROVED IN 1974. HE CONTINUED THAT IF THE "ANGLE OF REPOSE" HAD BEEN PUT IN PROPERLY, THEY COULD GET IN AND MAINTAIN THE DITCH, BUT THE SIDES ARE TOO STEEP TO GET EQUIPMENT INI HE THEN DISCUSSED THE ROADS, WHICH HAVE NUMEROUS POTHOLES AND PRESENTED SAMPLES OF BLACKTOP WHICH WERE ONLY 1/2" THICK INSTEAD OF 1". MR. DRITENBAS NOTED THAT THE EDGE OF THE ROAD IS ACTUALLY IN THE CENTER OF ' THE RIGHT-OF-WAY, AND HE FELT THE ROADS WERE NOT PUT IN TO ANY SPECIFIC ENGINEERING STANDARDS OR UNDER PROPER SUPERVISION. MR. GARBUTT INFORMED THE BOARD THAT THEY HAVE SPENT $350 PATCHING THE POTHOLES, BUT FEEL THAT WHOLE ROAD WILL HAVE TO BE REDONE. ATTORNEY COLLINS COMMENTED THAT THE SUBDIVISION REGULATIONS DID NOT GO INTO EFFECT UNTIL THE MIDDLE OF 1975. �t ADMINISTRATOR .JENNINGS STATED THAT ENGINEER BEINDORF ADVISED HIM THAT ALTHOUGH HE DID THE ENGINEERING DESIGN FOR THE DEVELOPERS, HE WAS NOT EMPLOYED TO FOLLOW THROUGH ON THE PROJECT. CARTER AND ASSOCIATES WERE EMPLOYED TO STAKE OUT THE PROPERTY AND PREPARE THE ROAD PLANNING, AND APPARENTLY TRODGLEN PAVING DID THE ACTUAL ROAD CONSTRUCTION. THE ADMINISTRATOR POINTED OUT THAT THE SUBDIVISION ORDINANCE WENT INTO 11 DEC e 1978' m 38 RLE EFFECT IN .JUNE OF 1975, AND THIS WORK WAS PERFORMED IN THE INTERIM PERIOD. THE ADMINISTRATOR NOTED THAT MR. DRITENBAS WAS A MEMBER OF THE BOARD WHEN THIS SUBDIVISION WAS APPROVED. HE FURTHER NOTED THAT THE TENTATIVE PLAT OF. FEBRUARY, 1974, SHOWS A ROAD TO BE BUILT THAT WOULD BE IN COMPLIANCE WITH THE REGULATIONS AT THAT TIME, AND THE BOARD APPROVED IT'. HE AGREED THAT THE ROAD SHOULD HAVE BEEN 1" THICK, BUT THE COUNTY DID NOT REGULATE THIS THEN, AND DID NOT HAVE THE PERSONNEL TO RUN TESTS AND DO CORE DRILLINGS. HE FELT IT WAS POSSIBLE AT THAT TIME FOR ALMOST ANYTHING TO TAKE PLACE BECUASE THERE WAS NO ONE IN CHARGE, AND THAT IS WHY WE HAVE THE REGULATIONS WE HAVE TODAY. THE ADMINISTRATOR CONTINUED THAT THE DRAINAGE STRUCTURES IN THE DITCH ORIGINALLY WERE NECESSARY FOR OPERATION OF THE GROVE, AND HE BELIEVED THAT WHEN THE LOTS WERE SOLD OFF AND THEY BECAME UNNECESSARY, THEY WERE SUPPOSED TO BE REMOVED. HE AGREED THAT THEY DO RESTRICT THE FLOW. HE NOTED THAT MARVIN CARTER HAD REFERRED BACK TO HIS ORIGINAL NOTES AND STATED THAT THE EAST DITCH WAS OPEN IN 1974. ,ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT BOTH MR. BEINDORF AND MR. CARTER ADVISED HIM THAT IF THE DEVELOPERS WOULD OPEN UP THE DITCH TO WHERE THEY COULD SEE IT, THEY WOULD BE WILLING TO GO OUT AND CHECK THE ORIGINAL PROFILES AND SEE IF THE DITCHES HAD BEEN CUT TO GRADE. MR. DRITENBAS MAINTAINED THAT THE DITCH WAS NEVER DONE PROPERLY. MAX SCONYERS, PROPERTY OWNER AND DEVELOPER, STATED THAT HE KNOWS BOTH FROM A PHYSICAL AND A FINANCIAL STANDPOINT THAT THE DRAINAGE PIPE WAS PUT DOWN. HE NOTED THAT THERE WERE SEVERE RAINS IN 1974, AND HE DID NOT BELIEVE PEOPLE WOULD HAVE BOUGHT LOTS THAT WERE UNDER WATER. COMMISSIONER Loy QUESTIONED WHO HAD INSTALLED THE DRAINAGE PIPE, AND MR. SCONYERS STATED THAT HE HAD. CHAIRMAN WODTKE ASKED HIM IF THE DITCHES WERE CUT TO GRADE, AND MR. SCONYERS STATED THAT HE IS NOT AN ENGINEER AND DID NOT -QUESTION THE ENGINEERS. HE JUST PUT THE PIPE IN THE DITCHES WHEN -THEY WERE CUT IN. HE DID NOTE THAT HE HAD TO RESET SOME GRADES BECAUSE THEY WERE NOT CUT PROPERLY HE POINTED OUT THAT COVENANTS WERE PUT IN THE DEEDS REQUIRING THE PROPERTY OWNERS TO BE RESPONSIBLE FOR MAINTAINING THEIR SHARE OF THE DITCHES, AND THEY HAVE NOT DONE THIS. 12 DEC 6 1978 K 38 pnn 12 I COMMISSIONER SIEBERT ASKED ABOUT THE CONDITION OF THE ROAD, AND MR. SCONYERS STATED THAT THEY JUST HIRED THE FIRM TO DO THE WORK AND PAID THEM AND DID NOT QUESTION THEM. ADMINISTRATOR JENNINGS FELT IT WAS THE DEVELOPERS RESPONSI- BILITY TO SEE THAT THE ROADS AND DRAINAGE WERE DONE PROPERLY. HE REITERATED -THAT BOTH ENGINEERS HAVE TOLD HIM THAT THEY WERE NOT'CHARGED WITH THE RESPONSIBILITY OF SUPERVISING THE WORK, AND THE PROBLEM IS THAT NO ONE WAS CHARGED WITH FOLLOWING THROUGH. IF THE DEVELOPERS DID NOT DO IT, THEN IT WAS NOT DONE. MR. REDISH INFORMED THE BOARD THAT HE CONTRACTED WITH TRODGLEN FOR P ROADS, BUT FELT OVER FOUR OR FIVE YEARS.THE THICKNESS COULD VARY IN DIFFERENT SPOTS. ADMINISTRATOR JENNINGS STATED THAT IF GRADING TESTS HAD BEEN DONE AS REQUIRED TODAY, THIS COULD NOT HAVE HAPPENED. COMMISSIONER WODTKE ASKED ATTORNEY COLLINS WHAT POSITION THE COUNTY SHOULD TAKE. ATTORNEY COLLINS FELT THE PRIME BENEFIT OF THE DISCUSSION HELD TODAY WAS TO BRING OUT THE PROBLEMS. HE STATED THAT THE COUNTY HAS A RESPONSIBILITY TO DETERMINE THAT THE COUNTY REGULATIONS AT THAT TIME WERE COMPLIED WITH, AND HE BELIEVED THE ADMINISTRATOR HAS INDICATED THAT THEY WERE. HE NOTED THAT IF THERE WAS A DEFECT IN THE DRAINAGE AND ROAD, THAT IS BETWEEN THE DEVELOPERS AND THE CONTRACTORS AND THEY WILL HAVE TO RESOLVE IT ON THEIR OWN. MR. DRITENBAS MADE REFERENCE TO A CASE INVOLVING A SUBDIVISION DEVELOPED BY MR. PALISANO IN THIS SAME TIME PERIOD WHERE THE BOARD REQUIRED THAT THE ENGINEERS GO BACK AND MEET CERTAIN STANDARDS ALTHOUGH THEY WERE NOT SET OUT IN THE REGULATIONS. ADMINISTRATOR JENNINGS AGREED THAT WE HAVE HAD REGULATIONS OF ONE FORM OR ANOTHER SINCE 1955, AND THEY HAVE ALL LED UP TO WHAT WE Yt HAVE TODAY. HE NOTED THAT MR. PALISANO HAD A MUCK POND AND A VERY CRITICAL SITUATION. COMMISSIONER SIEBERT COMMENTED THAT SEVERAL THINGS BOTHERED HIM. AT THAT TIME PERIOD THE COUNTY CERTIFICATION HAD NOTHING TO DO WITH WHETHER OR NOT THE DEVELOPER PUT IN ANYTHING PROPERLY, NOR IS THERE AN ENGINEER IS CERTIFICATE. THAT IS HOW WE OPERATED THEN, AND IT WAS DEC 6 1978 r m y L_ VERY LAX. HE CONTINUED THAT WHEN SOMEBODY IS ALLOWED TO COME IN AND PUT A PRELIMINARY PLAT ON RECORD SHOWING PROPER DRAINAGE AND ROADS, AND THEY ARE NOT PUT IN, HE FELT THE COUNTY MIGHT HAVE SOME RESPONSIBILITY BECAUSE THESE THINGS WERE SHOWN ON THE PLAT AND NEVER FOLLOWED THROUGH ON. ADMINISTRATOR .JENNINGS STATED THAT WE WOULD TODAY, BUT ANY- THING COULD'HAVE HAPPENED BACK THEN. MR. DRITENBAS QUESTIONED WHOSE RESPONSIBILITY IT IS TO CORRECT THIS. DISCUSSION FOLLOWED. CHAIRMAN WODTKE FELT LEGAL ACTION MIGHT BE NECESSARY, AND ATTORNEY COLLINS SUGGESTED THAT THE SOLUTION TO THE PROBLEM WOULD BE TO TAKE UP THE OFFERS OF THE SURVEYOR AND ENGINEER AND LET THEM MAKE THE DETERMINATION. BOTH MR. SCONYERS AND MR. REDISH THANKED THE BOARD FOR TAKING THE TIME TO HEAR THESE PROBLEMS. MR, REDISH STATED THAT HE DID NOT FEEL THE COUNTY SHOULD BE INVOLVED AND BELIEVED THE MATTER COULD BE STRAIGHTENED OUT BETWEEN THE PROPERTY OWNERS ASSOCIATION AND HIMSELF. THE HOUR OF 9:30 O'CLOCK A.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO -WIT: 14 Boa 38 ma 1 VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being NOTICE NOTICE IS HEREBY GIVENthatfheBoaM of CouI" nty Commissioners of Indian River Cmrnfy, Florida, will receive bids to the hour of 9:30 A.M. Wednesday, December 6, 1978, for a the following: .One (1) new latest model truck and Mounted Moist unit �1 in the matter of specifications, instructions to bidders and aidding blanks are available of the Office of County Administrator, Room 115, County1 nyO U �;ekz: a a4 t Nouse, or will be matted upon request.�2 The Board of County Commissioners reserves the right to refect any or all of the bids anmake awards in anmanner which In the Court, was pub- s the Board considers to be in the best interest of Indian River County, Florida. Bids for the above Item shall be submitted In p Q) U lao� 7 an envelope securely sealed and marked on the lisped In said newspaper in the issues of TC9 a ! " Outside to show the item being bid on and the date and time of the opening. The bids may be mailed or delivered to the Office of the County Administrator, Room 115, County Court House, Vera Beach, Florida 32960. Proposals received e Affiant further says that the said Vero Beach Press-Joumal is a newspaper published at after 9:30 A.M. December 6, 1978, will be returned unopened. ! Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered Indian River County, Florida Board of County Commissioners as secondclass mail matter at the post office in Vero Beach, in said Indian River County, Florida BY: William C. WodtkeJr., Chairman Nov. 8, 12, 1978. for a period of one year next preceeding the first publication of the attached copy of adver- tiserrenh and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. of A.D. Sworn to and subscribed before me this a 0.2 - (Busi a nager) f (Clerk of the Circuit Court, Indi n ver County, Florida) (SEAU s THE CHAIRMAN THEN ASKED FOR RECEIPT OF BIDS IN ACCORDANCE WITH THE NOTICE, AND THE FOLLOWING SEALED BIDS WERE RECEIVED, OPENED AND READ: SOUTHLAND EQUIPMENT CORPORATION, BARTOW, FLORIDA 1979 MODEL LT -8000 FORD E-1 PACK R.T.F.-50 180 DAYS. DELIVERY $41,746.00 RICH MOTORS INC., W. PALM BEACH, FLORIDA INTERNATIONAL MODEL F-2554 DEMPSTER DRAGON II -50 180 DAYS. DELIVERY $44,691.81 ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER LYONS, THE BOARD UNANIMOUSLY APPROVED THE ABOVE BIDS BEING REFERRED TO THE ADMINISTRATOR FOR EVALUATION. CHAIRMAN WODTKE BROUGHT UP THE ITEM FOR REQUEST FOR RELEASE OF THE SOUTH SIDE LOT LINE EASEMENT OF LOT 10, BLOCK G, INDIAN RIVER HEIGHTS, UNIT #7, REQUESTED BY WALTER AND WILMA SMOCK, REPRESENTED BY H. J. LISBETH. 15 DEC 6 1978 B�.z �. o® COUNTY ZONING DIRECTOR DEWEY WALKER COMMENTED THAT THERE IS A ZONING VIOLATION THAT CLOUDS THE TITLE, AND ALSO THERE IS A FENCE SITTING ON THE EASEMENT, WHICH WILL HAVE TO BE MOVED OR A VARIANCE WILL HAVE TO BE OBTAINED. MR. LISBETH INFORMED THE BOARD THAT LOT #10 IS BEING SOLD AND ASKED THAT THE COMMISSION VACATE 2' OF THE EASEMENT SO THAT THE HOUSE WILL NO LONGER ENCROACH ON THE EASEMENT. HE NOTED THAT A 22' EASEMENT WILL STILL EXIST, WHICH IS ADEQUATE FOR DRAINAGE AND UTILITIES. DISCUSSION CONTINUED REGARDING THE EASEMENT, AND PLANTING OF SHRUBBERY ON THE SIDE OF THE HOUSE. MR. WALKER STATED THAT NOTHING IS SUPPOSED TO BE ON THE EASE- MENT. ADMINISTRATOR JENNINGS NOTED THAT A 22' EASEMENT IS SUFFICIENT TO OPERATE IN, BUT THE FENCE WILL HAVE TO BE REMOVED. ATTORNEY COLLINS SAID HIS APPROACH WOULD BE TO HOLD OFF SIGNING THE RELEASE UNTIL THE FENCE IS REMOVED." ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION No. 78-87 APPROVING THE RELEASE OF EASEMENT AS REQUESTED BY WALTER AND WILMA SMOCK, AND AUTHORIZED THE SIGNATURE OF THE CHAIRMAN UPON REMOVAL OF THE FENCE AND INSPECTION BY THE COUNTY ZONING !DEPARTMENT. THESE DOCUMENTS WILL BE MADE A PART OF THE MINUTES WHEN FULLY EXECUTED. CHAIRMAN WODTKE NEXT BROUGHT UP THE SUBJECT OF APPOINTMENTS TO THE TREASURE COAST REGIONAL PLANNING COUNCIL, AND SUGGESTED THAT COMMISSIONER LYONS SERVE IN PLACE OF FORMER COMMISSIONER SCHMUCKER. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION No. 78-88 RECOMMENDING THE APPOINTMENT OF COMMISSIONER•PATRICK LYONS TO REPLACE FORMER COMMISSIONER EDWIN $CHMUCKER AS THE COUNTY'S REPRESENTATIVE ON THE TREASURE COAST REGIONAL PLANNING COUNCIL AND ALSO RECOMMENDED THAT TERRY GOFF, VERO BEACH CITY COUNCILMAN, BE APPOINTED•AS THE MUNICIPAL REPRESENTATIVE. 16 Is u RESOLUTION 78-88 WHEREAS, INDIAN RIVER COUNTY desires to recommend' substitute Representatives to the Treasure Coast Regional Planning Council; 'NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, That PATRICK B. LYONS is hereby recommended to appointment as .the County Representative to the Treasure Coast Regional Planning .Council, replacing EDWIN S. SCHMUCKER; and TERRY GOFF is hereby recommended for appointment as the Municipal Representative to the Treasure Coast Regional Planning Council, replacing PATRICK B. LYONS. This Resolution shall become effective as of the 6TH day of DECEMBER , 1978. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By William C. Wodtke, pr., Chairman Attest: Freda Wright, C k DEC 7 1 { ATTORNEY COLLINS REPORTED ON THE STATUS OF THE PURCHASE OF MID -FLORIDA UTILITIES, NOTING THAT THEY HAD A MEETING WITH REPRESENTA- TIVES FROM THE CORPORATION LAST FRIDAY TO FINALIZE THE DETAILS OF THE CONTRACT. THE MEETING WAS SUCCESSFULLY CONCLUDED, AND DOCUMENTS ARE EFFECTIVELY SIGNED AS OF THIS TIME. THE CLOSING IS PLANNED FOR DECEMBER 15TH. CHAIRMAN WODTKE STATED THAT FOR ALL INTENTS AND PURPOSES THE CONTRACT HAS BEEN SIGNED BY THE COUNTY AND MID -FLORIDA AS OF DECEMBER 1ST. THE PURCHASE PRICE IS $225,000, AND THE INTERGOVERNMENTAL COORDINATOR HAS BEEN WORKING ON SOME INTERIM FINANCING. COORDINATOR THOMAS REPORTED THAT HE AND FINANCE OFFICER BARTON TALKED WITH LOCAL BANKS, AND THE BEST RATE LOCALLY WAS 7-1/2%. HE CONTINUED THAT THEY HAVE ARRANGED FOR A TAX ANTICIPATION NOTE WITH HOUGH & CO. AT 6.4% FOR -ONE YEAR. THIS RELATES TO THE RATE ON OUR LAST LOAN, WHICH WAS 6%. MR. THOMAS FURTHER STATED THAT ATTORNEY COLLINS IS REVIEWING THE DOCUMENTS FROM HOUGH & CO., WHICH WERE PREPARED BY THE BOND ATTORNEY AS REQUIRED BY FARMERS HOME ADMINISTRATION. ATTORNEY COLLINS MENTIONED THAT THE COMMISSION HAS DEALT WITH TAX ANTICIPATION NOTES IN THE PAST, AND BASICALLY WE ARE COMMITTING TO NEXT YEARS BUDGET SUFFICIENT FUNDS TO PAY OFF THIS NOTE. HE EXPLAINED THAT THE FAVORABLE INTEREST RATE IS PARTIALLY ATTRIBUTABLE TO THE FACT THAT THE NOTES ARE NOT PREPAYABLE AND WILL BE DUE 32-18-79. HE AND MR. THOMAS FELT THE TIMING WILL COINCIDE WITH THE BOND REVENUES THAT WOULD BE ANTICIPATED FROM THE SYSTEM, AND IF IT DOES NOT, THEY HAVE THE OPTION OF JUST EXECUTING NEW TAX ANTICIPATION NOTES FOR ANOTHER YEAR AND PAYING THIS OFF. THE ATTORNEY FELT IT IS WORTH THE REDUCTION IN INTEREST RATES TO GO AHEAD AND COMMIT FOR ONE YEAR. HE WENT ON TO SAY THAT'HE HAS REVIEWED THE FORM AND THE COMMISSION HAS APPROVED THIS TYPE BEFORE. HE NOTED THAT THE AMOUNT OF THE.NOTE IS $235,000 SINCE SOME EXPENSES ARE GOING TO BE INVOLVED. COMMISSIONER LYONS WONDERED IF THERE IS SUFFICIENT OPERATING CAPITAL IN THE SYSTEM AND WHETHER $10,000 EXTRA IS SUFFICIENT. ATTORNEY COLLINS SAID THAT IT PROBABLY IS NOT ENOUGH, BUT THEY WANTED TO TIE THE BORROWING INTO THE PURCHASE AS MUCH AS POSSIBLE. BG m 38 ca, 1 7 I HE NOTED THERE ARE OTHER OPTIONS FOR PAYING EXPENSES. ATTORNEY COLLINS INFORMED THE BOARD THAT NOTES -WILL BE SOLD BY HOUGH & CO. AND THERE ARE FIVE OF THEM: FOUR AT $50,000 EACH AND ONE AT $35,000. ON MOTION BY COMMISSIONER $IEBERT, SECONDED BY. COMMISSIONER Loy, THE .BOARD UNANIMOUSLY ADOPTED RESOLUTION No. 78-89 AUTHORIZING THE APPROPRIATE COUNTY OFFICIALS TO EXECUTE THE FIVE DESIGNATED y AMOUNT OF $5O PROMISSORY NOTES, FOUR IN THE000 EACH AND ONE IN THE , AMOUNT OF $35,000. DEC 6 1978 19 i RESOLUT-- d NO. 78-89 A RESOLUTION PROVIDING FOR THE ISSUANCE OF REVENUE AND GENERAL OBLIGATION NOTES OF INDIAN RIVER COUNTY, FLORIDA, NOT TO EXCEED $235,000 TO.PAY THE COST OF ADVANCING FUNDS FOR THE ACQUISITION OF A WATER SYSTEM; PLEDGING REVENUES OF THE PROJECT AND AD VALOREM TAXES FOR REPAYMENT THEREOF AND CONTAINING OTHER PROVISIONS RELATING TO THE NOTES; PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER"COUNTY, FLORIDA (hereinafter called "Boar " d) that: SECTION 1. AUTHORITY FOR RESOLUTION. This resolution is adopted pursuant to the provisions of Section 125.01, Florida Statutes, Chapter 159, Part I, Florida Statutes, and other applicable Provisions of law. SECTION 2. FINDINGS. It is hereby found, determined and declared as follows, that: A. It is necessary, desirable,'and in the best interest of Indian River County, Florida (hereinafter called "County"), and its inhabitants that revenue and general obligation notes in an amount not exceeding $235,000.00 be issued to advance funds for the acquisition of the water system serving approximately 1,100 customers, presently owned by Mid -Florida Utilities, Inc. (herein called "Project"). B. Such revenue and general obligation notes together with all other outstanding general obligation bonded indebtedness • of the County will not exceed any -statutory debt limitation.. SECTION 3. RESOLUTION TO CONSTITUTE CONTRACT.' In con- sideration of the acceptance of the Notes authorized to be issued .hereunder by those who shall hold the same from time to time,.this resolution shall be deemed to be and shad constitute a contract between the..County.and such•holders. The covenants and agreements herein set Iorth to beiperformed by the County shall be for the equal benefit, protection and security of the legal holders of any and all of such Notes, all of which shall be of'equal rank and without preference; priority or distinction of any of the Notes over any other thereof, except as expressly provided therein and herein. MCI 1978 SECTION 4. AUTHORIZATION OF NOTES. For the purpose of advancing funds to finance the cost of the Project, there are hereby authorized to be issued Revenue and General Obligation Notes of the County (herein called "Notes"), in the aggregate principal amount of not exceeding Two Hundred Thirty -Five Thousand Dollars ($235,000). The Notes shall be dated December 14, 1978, numbered 1 to 5, inclusive, Notes numbers 1 to 4, inclusive, to be in the denomination of $50,000 each and No. 5 for $35,000. Said Notes shall mature on December 13, 1979 and shall bear interest, payable at maturity, at the rate of six and forty hundredths per centum (6.40%) per annum. Such Notes shall be payable as to principal ' 1 and interest in lawful money of the United States of America at The Chase Manhattan Bank, N.A., New York, New York and shall be payable to bearer unless registered as hereinafter provided. SECTION 5. SALE OF NOTES. The Notes are hereby awarded and sold at private sale, at the price of par plus accrued interest, if any, to the date of delivery, to William R. Hough & Co., St. Petersburg, Florida. The Chairman of the Board of County Commissioners is hereby authorized to receive the purchase price of.said Notes and to apply the proceeds thereof without further authority from this Board. SECTION 6. EXECUTION OF NOTES. The Notes shall be executed in the name of the County by the Chairman of the Board of County Commissioners and countersigned and attested by the Clerk of the Board, and -its corporate seal or a facsimile thereof shall be affixed thereto or reproduced thereon. The facsimile signatures of the Chairman or the Clerk may be'imprinted or reproduced on the Notes, provided that at least one signature required to be placed thereon shall be manually subscribed. In case any officer whose signature shall appear on any of the Notes shall cease.to be such officer before the delivery of such Notes; such signature or facsimile shall nevertheless be.valid and sufficient for all purposes the same as if he had remained in office until such delivery. The Notes may be signed and sealed on behalf of the County by such person who at -2- I A. the actual time of the execution o: such ?rotes shall hold the proper office with the County, although at the date of such totes such person may not have held such office or may not have been so authorized. SECTION 7. NOTES MUTILATED, DESTROYED, STOLEN OR LOST. In case any Note shall become mutilated, or be destroyed; stolen or lost, the County may in its discretion issue and deliver a new Note of like tenor as the Note so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Note, upon surrender and cancellation of such mutilated Note, if any, or in lieu of and substitution for the Note, if any, destroyed, stolen or lost, and upon the holder furnishing -the County proof of his ownership thereof and satisfactory indemnity and complying with such other reasonable regulations and conditions as the County may prescribe and paying such expenses as the County may incur. All Notes so surrendered shall be cancelled by the Clerk of the Board. If any such Notes shall have matured or be about to mature, instead of issuing a substitute Note, the County may pay the same, upon being indemnified as aforesaid,.and if such Note be lost, stolen or destroyed without surrender thereof. All such duplicate Notes issued pursuant to this section shall constitute original, additional contractual obligations on the part of the County whether or not the lost, stolen or destroyed Notes be at any time found by anyone, and such duplicate Notes shall be entitled to equal and proportionate benefits and rights as to lien on and source and security for payment from the funds, as hereinaftez.,pledged, to the same extent as all other obligations is.,sued hereunder. SECTION 8. PRIOR REDEMPTION. The Notes shall not be redeemable prior to their stated date of maturity. . SECTION 9. NEGOTIABILITY AND REGISTRATION. The Notes issued hereunder shall be and shall have all of the qualities and incidents of negotiable instruments under the law merchant and the ' Laws of the State of Florida, and each successive holder, in accept- ing any of such Notes shall be conclusively deemed to have agreed -3- B( `fig- C .h -z t such Notes shall be and have all of the qualities and incidents of negotiable instruments under the law merchant and the Laws of the State of Florida. The Notes may be registered at the option of the holder as to principal and interest at the office of the Clerk of the Board, as Registrar, or such other Registrar as may be hereafter duly appointed, such registration to be noted on the back of the Notes in the space provided therefor. After such registration as to principal and interest, no transfer of the Notes shall be valid unless made at such office by written assignment of the registered owner, or by his duly authorized attorney, in a form satisfactory to the Registrar, and similarly noted on the Notes, but the Notes may be discharged from registration by being in like manner trans- ferred to bearer form and thereupon transferability by delivery shall be restored. At the option of the holder, the Notes may thereafter again from time to time be registered or transferred to bearer form as before. SECTION 10. FORML OF NOTES. The text of the Notes shall be in substantially the following form and tenor, with such variations, omissions and insertions as may be necessary, desirable and author- ized or permitted by this resolution or any subsequent resolution Adopted prior to the issuance thereof: S 1 i DEC 1978. -4- UNITED STATES OF P_IEI?ICA STATE OF FLORIDA COUNTY OF INDIAN RIVER REVENUE AND GENERAL OBLIGATION NOTE KNOW ALL MEN BY THESE PRESENTS, that Indian River County, Florida (hereinafter referred to as "County"), for value received, hereby promises to, pay to the bearer, or if this Note be registered, to the registered holder as herein provided, on December 13, 1979, the principal sum of Dollars ($ ), with interest thereon at the rate of six and forty hundredths per centum (6.40%).per annum, payable at the maturity hereof, upon presentation and surrender of this Note. Both principal of and interest on this Note are payable in lawful money of the United States of America at The Chase Manhattan Bank, N.A., New York, New York. For the prompt payment of the principal of and interest on this Note as the same shall become due, the revenues of the project (hereinafter referred to), and, if necessary, the ad valorem taxing power of the County for the fiscal year 1979-80 at an annual rate not to exceed ten (10) mills on the dollar of assessed value, are hereby irrevocably pledged. This Note is one of an authorized issue of notes in the aggregate principal amount of $235,000 of like date, tenor and effect, except as to number and denomination, issued to advance funds to finance the cost of the acquisition of a water system ' (herein called the "project"), under the authority of and in full compliance with the Constitution and Statutes of the State of Florida, including Section 125.01, Florida Statutes, Chapter 159, Part I, Florida Statutes, and other applicable provisions of law, ,and pursuant to a resolution of the County duly adopted on the 6th day of December, 1978 (hereinafter called."Resolution").. This Note is subject to all the terms and conditions of said Resolution. It is certified*and recited that all acts, conditions and things required to happen, to exist and to be performed; precedent to and in the issuance of this Note, have happened, exist, and have J DEC 6 1978. pv�M '-een performed in due time, form and manner as required by the Constitution and Laws of the State of Florida, applicable thereto; that the total indebtedness.of said County, including the issue of Notes of which this Note is one, does not exceed any constitu- tional, statutory, or other limitation; and that, to the extent the revenues of the project are insufficient therefor, provision has been made for the levy and collection of a direct annual tax for the fiscal year 1979-80, at an annual rate not to exceed ten (10) mills on the dollar of assessed value, upon all property subject to taxation by the County, sufficient to pay the principal of and interest on this Note as the.same-shall become due, which tax shall be levied and collected at the same time and in the�same manner as other ad valorem taxes of the County are assessed, levied and collected. This Note is not redeemable prior to its stated date of maturity. This Note is and has all the qualities of a negotiable instrument under the law merchant and the laws of the State of Florida. -This Note may be registered as to both principal and interest in accordance with the provisions endorsed hereon. IN WITNESS WHEREOF, Indian. River County, Florida, has issued this Note and has caused the same to be executed by the manual or facsimile signature of the Chairman of the Board of County Commissioners and the corporate seal of said County or a facsimile thereof to be affixed hereto or impressed, imprinted, lithographed or reproduced hereon and attested and countersigned by the manual or facsimile signature of the Clerk of the Board, all as of the 14th day of December, 1978. -6- ih 25 38 FA,,,f INDIAN RIFER COUNTY, r^LORIDA (SEAL) By: Chairman, Board of County ATTESTED 21D COUNTERSIGNED: Commissioners Clerk, Board of County Commissioners PROVISION FOR REGISTRATION This Note may be registered as to both principal and interest in the name of the holder on the books to be kept by the Clerk of the Board of County Commissioners as Registrar, such registration being noted hereon by such Registrar in the registration blank below, after which no transfer shall be valid unless made by written assignment on said books by the registered holder or attorney duly authorized and similarly noted in the registration blank below, but it may be discharged from registration by being transferred to bearer, after Which it shall be transferable by delive=y, but it may be again registered as before. DATE OF IN WHOSE NAME SIGNATURE OF REGISTRATION REGISTERED REGISTRAR DEC 6 197 c -38 wa SECTION 11. PLEDGEE O REVENUES AND AD VALOREM TAXES. For the prompt payment of the principal of and interest -on the Notes, the revenues derived from the operation of the project and, to the extent such revenues are insufficient therefor, the ad valorem taxing power of the County for the fiscal year 1979-80, at an annual rate not to exceed ten (10) mills on the dollar of assessed value, are irrevocably pledged. SECTION 12. SINKING FUND, DEPOSIT OF REVENUES AND LEVY OF AD VALOREM TAX. There is hereby created a Sinking Fund to be held and administered by the County solely for the purpose of paying the i principal of and interest on the Notes as they become due. All of the revenues derived from the operation of the project shall be deposited into said Sinking Fund. There shall also be levied and collected a tax during the fiscal year 1979-80', at an annual rate not to exceed ten•(10) mills on the dollar of assessed value, on all property subject to taxation by the County, sufficient in amount to pay the principal of and interest on such ?votes as the same shell become due, after deducting therefrom any -revenues or other funds which may be so applied. Such tax shall be assessed, levied and collected in the same manner and at the same time as other County taxes are assessed, levied and collected. �EC�ION-13. --NOTE- F.OLDERS 140T AFFECTED BY USE OF NOTE PROCEEDS. The holders of the Notes issued hereunder shall have no responsibility for the use of the proceeds of said Notes, and the use oma---s-a h--Note---proceeds-by-tire-Coa.L ty-shal1 in no way affect the rights of such Note holders. SECTION 14. ARBITRAGE. No use will be made of the proceeds of---the-Notes which- would -cause- the- same to be "arbitrage bonds" within the meaning.of the Internal Revenue Code. The County, at all times while the Notes and interest thereon are outstanding, will comply with the requirements of Section 103(c) of the Internal Revenue Code and any valid and applicable rules and regulations of the Internal Revenue Service. SECTION 15. MODIFICATION OR-AMEND.MENT. 'No material modifica- tion or amendment of this resolution or of any resolution amendatory -Q- DEC 6 1978 -an 38 na 27 D r ==eo, or supple rental hereto, :gay be made without the consent in <:=iting of the holders of the Notes then outstanding, provided, however, that no modification or amendment shall permit a change in the maturity of such Notes or the unconditional promise of the County to pay the principal of and interest on the Notes as the same shall become due.. SECTION 16. SEVERABILITY OF INVALID PROVISIONS, If any one or more of the covenants, agreements, or provisions of this resolution should be held contrary to any express provisions of .law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separate from the remaining covenants, agreements or provisions, and in no way affect the validity of all the other provisions of this resolution or of the Notes issued hereunder. SECTION 17. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. ATTEST: Clerk I -9 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA Chairman BOOK qyn It cru I W i F F✓ JUDSON FREEMAN RAY W. RICHARDSON. JR. THOMAS IL SLADE, M EDWARD MCCARTHY JR. JOHN F. KELLY DANIEL U. LIVERMORE,JR. DOUGLAS J. MILNE ^.GRAHAM ALLEN RICHARD E. KLEIN JOHN L. MCWILLIAMS. DZ JUDSON FREEMAN, JR. ROBERT O. FREEMAN FRANK L. WATSON , OF COUNSEL Chairman Board of County Commissioners Indian River County, Florida Dear Sir: 1200 SARNETT BANK BUILDING JACKSONVILLE, FLORIDA 32202 (004) 363-12S4 December 14, 1978 As Bond Counsel to Indian River County, Florida, we have examined certified copies of the proceedings and other documents of the Board of County Commissioners of Indian River County, Florida (hereinafter called "County") relating to the issuance and sale of $235,000 INDIAN RIVER COUNTY, FLORIDA REVENUE AND GENERAL OBLIGATION NOTES Dated December 14, 1978 Said Notes are bearer Notes; Numbered 1 to 5, inclusive, Notes Nos. 1 to 4, inclusive, being in the denomination of $50,000 each and No. 5 for $35,000; registrable as to principal and interest; bearing interest, payable at maturity, at the rate of six and forty hundredths per centum (6.400 per annum, and maturing on December 13, 1979. Said Notes are not redeemable prior to maturity. We have examined one of said Notes as executed (Note No. 1). The Notes are issued pursuant to the Constitution and Statutes of the State of Florida, particularly Section 125.01, Florida Statutes, Chapter 159, Part I, Florida Statutes, and other applicable provisions of law, and a resolution of the County duly adopted on December 6, 1978, to.advance the cost of the acquisition of a water system (the "project"). In our opinion, said Notes are valid and legally binding general obligations of the County, payable from the revenues derived by the County from the operation of the project and, to the extent said revenues are insufficient therefor, the County is authorized and required by law to levy on all real property taxable by the County for the fiscal year 1979-80 such ad valorem taxes, at an annual rate not to exceed ten (10) mills on the dollar of assessed value, as may be necessary to pay said Notes and the interest thereon. We are further of the opinion that the interest on said Notes is exempt from Federal income taxes under existing statutes and court decisions. Respectfully submitted, DEC 1978 a I 11 .7�te8n¢ai/2..1%�ColutavrJvit: "+Q (� ✓//Io �acez� ✓le��l. �.S�G v JUDSON FREEMAN 1100 aARNiTT BANK BUILDING PAY RICHARDsoN.JR. JACKSONVILLE, FLORIDA 32202 THOMAS S. SLADE, m (804) 353-111"EDWARD WCARTHY. JR. JOHN F. KELLY DANIEL U. LIVE RMORE.JR. DOUGLAS J. MILNE December 1978 - A. GRAHAM ALLEN .14, RICHARD E. KLEIN JOHN L.MaWILLIAMIL= JUDSON FREEMAN, JR. ROBERT 0. FREEMAN WILLIAM D. BRINTON FRANK L.WATSON OF COUNSEL Chairman Board of County Commissioners Indian River County, Florida Dear Sirs We have examined certified copies of the proceedings on behalf of Indian River County, Florida (the "County"), and other proofs submitted to us relative to the issuance and sale of $235,000 Revenue and General Obligation Notes, dated December 14, 1978 (the "Notes"). In particular, we have reviewed the Non - Arbitrage Certificate of even date herewith executed on behalf of the County, the terms of the Notes and their sale to the purchaser, and the provisions of the authorizing instrument and related documents dealing with the disposition and investment of - the proceeds of the Notes and the deposit, investment and use of the revenues pledged for payment of the Notes. We have also reviewed Section 103(c) of the Internal Revenue Code of 1954, as amended (the "Code"), and Sections 1.103-13, 1.103-14, and 1.103-15 of the U. S. Treasury Regulations published and proposed thereunder (the "Regulations"). In our opinion, the Notes are not "arbitrage bonds" within the meaning of the Code and the Regulations. Respectfully submitted, ,D B r� M SIGNATURE AND NO LITIGATION CERTIFICATE We the undersigned Chairman and Clerk of the Board of County Commissioners of Indian River County, Florida, do hereby certify that we did, on the 14th day of December, 1978, offi- cially sign the following described obligations of Indian River County, Florida: $235,000 - REVENUE AND GENERAL OBLIGATION NOTES, dated December 14, 1978; numbered 1 to 5, inclusive, Notes Nos. 1 to 4, inclusive, being in the denomination of $50,000 each, and No. 5 for $35,000; bearing interest at the rate of 6.40% per annum, payable at maturity, and maturing on December 13, 1979. We further certify that at the date of the signing of said obligations, and on this date, we were and are the duly cho- sen, qualified and acting officers authorized to execute said obligations as indicated by the official titles opposite our signatures hereunder. We further certify that no litigation of any nature is now pending or threatened (either in State or Federal Courts) restraining or enjoining the issuance, execution or delivery of said obligations or in any manner questioning the proceedings and authority under which said obligations are issued or affecting the validity of said obligations or any provisions made or' authorized for their payment or affecting the corporate existence of said County or the titles of the present officers of the Board of County Commissioners of Indian River County, Florida, or any of them, to their respective offices, and that none of the pro- ceedings or authority for the issuance of said obligations has been repealed, revoked or rescinded. We further certify that the seal impressed upon this Certificate is the legally adopted, proper and only (SEAL) official seal of the Board of County Commissioners of Indian River County, Florida; that said seal has been impressed upon said obligations. WITNESS our hands and said corporate seal this 14th day. of December, 1978. Signature 2w,. (Z ;�� William C. Wodtk , Jr. Freda Wright Official Title Chairman, Board of County Com- missioners, Indian River County, Florida Clerk, Board of County Com- missioners, Indian River County, Florida I hereby certify that the signatures of the Chairman and Clerk of the Board of County Commissioners of Indian River County, Florida, which appear above are true and genuine and that I know said officers and know them to hold the offices set oppo- site their names. 5103',',r-G'U -, R ? M T E E D fiOiboJla4 "� ���' � �..y'?� iii`/• By Authorized Officer Title III • INCUMBENCY CERTIFICATE I,*Freda Wright, the undersigned Clerk of the Circuit Court, ex -officio Clerk of the Board 'of County Commissioners of Indian River County, Florida, DO HEREBY CERTIFY as follows: 1. The names of the members of the Board of County Commissioners of. Indian River County, Florida, and the dates of commencement and expiration of their respective terms of office are as follows: Members *Term Began Term Ends William C. Wodtke, Jr. 11-21-78 11-16-82 Alma Lee Loy 11-16-76 1118-80 W. W. Siebert, Jr. 11-16-76 11-18-80 Patrick B. Lyons 11-21-78 11-16-82 R. Don Deeson 11-1.6-76 11-18-80 2. William C. Wodtke, Jr. is the duly elected Chairman of the Board. He began his term of office as such Chairman on January 4, , 1978, for a period ending on January, 10, 1972. 3. All of the above persons have duly filed their oaths of office and such of them as are required by law to file bonds or undertakings have -duly filed such bonds or undertakings in the amount and manner required by law. 4. I was duly elected as said Clerk for a term com- mencing"on---January 4, 19 77, ---to serve for a period eirding-6n-- January 6, F lg 81. I have filed my oath of office and my official bond in the amount and -manner required by law. �- __"---S* TTse--cor"po=aEe sear -impressed hereon -is the true and only corporate seal of the Board of County Commissioners of Indian River County, Florida. IN WITNESS WHEREOF, I have hereunto set my hand and - impressed the official seal of said Board, this 14th day of December, 1978. Clerk, Circuit Co ex -officio_ (SEAL) Clerk, Board of County Commis- sioners, Indian River County, Florida 'Bo 38 cp' 1 It E e CERTIFICATE AS TO PUBLIC MEETINGS STATE OF FLORIDA SS COUNTY OF INDIAN RIVER ) We, the undersigned members of the Board of County Commissioners of Indian River County, Florida, recognizing that the purchaser of $235,000 Revenue and General Obligation Notes of the County, dated December 14, 1978, will have purchased said Notes in reliance upon this Certificate,; do hereby certify, indi- vidually and collectively, that no two or more of us, meeting privately together, reached any prior conclusion as to whether the actions taken by the Board on December 6, 1978, with respect to said Notes, the security therefor and the application of the proceeds thereof, should or should not be taken by the Board or should or should not be recommended as an action to be taken or not to be taken by the Board. IN WITNESS WHEREOF, we have hereunto affixed our offi- cial signatures this 14th day of December, 1978. R. Don Deeson Sworn to and subscribed before me •,� this 14th day of December, 1978 Nota y blic_of FlorVia at Large My commission expires MARY MIC STATE OF FLORIDA AT LARD! Aly COMMISSION EXPIRES JULY 8 1982 KWa TtiRl! CBVERAL INS. UNMWRITM c DEC 6 1978 nt;x nzbtjj CERTIFICATE OF DELIVERY AND PAYMENT I, William C. Wodtke, Jr., Chairman of the Board of County Commissioners of Indian River County, Florida, DO HEREBY CERTIFY: That on the 14th day of December, 1978, i delivered to William R. Hough & Co., St. Petersburg, Florida, the purchaser thereof, the following described obligations of Indian River County, Florida: $235,000 - REVENUE AND GENERAL OBLIGATION NOTES, dated December 14, 1978; numbered l to 5, inclusive, Notes Nos. 1 to 4, inclusive, being in the denomination of $50,000 each, and No. 5 for $35,000; bearing interest at the rate of 6.40% per annum, payable at maturity, and maturing on December 13, 1979. That at the time of delivery of said obligations, I received from said purchaser full payment for said obligations in accordance with the contract of sale, computed as follows: Contract Price $235,000.00 Accrued Interest -0- Total Purchase -Price $235,000.00 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Board this 14th day of December, 1978. (SEAL) 21M_ D'C Chairman, Board of Cou Com- missioners, Indian River County Florida DEC 6 1978 6 ?�a INDIAN RIVER COUNTY, FLORIDA $235,000 REVENUE AND GENERAL OBLIGATION NOTES Dated December 14, 1978 NON -ARBITRAGE CERTIFICATE The undersigned official of the County of Indian River, Florida (the "County"), certifies with respect to the above issue of notes (hereinafter called the "Notes"), as follows: 1. The undersigned, along with other officials of the County is charged with the responsibility of issuing the Notes. 2. This certificate is made pursuant to Sections 1.103- 13, 1.103-14, and 1.103-15 of the proposed regulations published on May 3, 1973, as amended on December.2, 1975, October 29, 1976, May 31, 1977, June 9, 1977, May 81 1978 and September 7, 1978 (the "Regulations"), all with respect to arbitrage bonds as described in Section 103(c) of the Internal Revenue Code of 1954, as amended (the "Code"). 3. The Notes are being issued on the date of this cer- tificate -for the purpose of advancing funds for the acquisition of a water system presently owned by Mid -Florida Utilities, Inc. (the 'Project"). 4. The County has previously entered into a contract for the acquisition of the Project for a purchase price of _ $225,000, and all of the proceeds of the Notes, in the amount of $235,000 will be expended within 30 days from date hereof for the acquisition of the Project pursuant to the contract and for expen- ses of $10,000. S. The County reasonably expects that the Project will not be sold or otherwise disposed of, in whole or in part, prior to the last maturity of the Notes. . 6. The Notes are payable from the revenues of the Project and from the proceeds of ad valorem taxation as described. in the resolution authorizing their issuance (the "Pledged Revenues"). All amounts of Pledged Revenues will be deposited into the Sinking Fund. An amount necessary for payment of prin- cipal of and interest on the Notes will be used within 13 months. of the date of deposit for.payment of the principal of and interest on the Notes. The County does not expect that any addi- tional amounts will be deposited in the Sinking Fund. 7. Except for the Sinking Fund described in Section 12 of the resolution authorizing the Notes, the County has not created or established and does not expect to create or establish any other fund for payment of debt service on the Notes. 8. All income from investments of proceeds of the Notes will be expended for costs of the Project or will be commingled for the purpose of accounting with other substantial revenues from the operation of the County, in either case within 12 months after receipt. All income on investments in the Sinking Fund will be expended for payment of principal of or interest on the Notes or will be commingled for the purpose of accounting with other substantial revenues from the operation of the County, in either case within 12 months after receipt.. 9. The County has not issued any other obligations to finance the Project or any part thereof within the one year period preceding the date hereof. 10. The County has not been advised of any listing or proposed listing of the Internal Revenue Service determining that the'County's certificate with respect to its obligations may not be relied upon. w_ DEC 6 1978 M 38 Tra 345 On the basis of the foregoing facts, estimates and reasonable expectations, and the covenants made in the resolution authorizing the Bonds, it is not expected that the proceeds of the Notes will be used in a manner that would cause the Notes to be arbitrage bonds under Section 103(c) of the Code and the Regulations. To the best of my knowledge and belief there are no facts, estimates or circumstances that would materially change such expectations. IN WITNESS WHEREOF, the undersigned has executed and delivered this certificate as of this 14th day of December, 1978. INDIAN RIVER COUNTY, FLORIDA By ` CJ Chairman, Board of County Commissioners I • I w._ DEC 6 197 NO. 1 UNITED STATES OF AMERICA STATE OF FLORIDA COUNTY OF INDIAN RIVER REVENUE AND GENERAL OBLIGATION NOTE $50,000.00 KNOW ALL MEN BY THESE PRESENTS, that Indian River County, Florida (hereinafter referred to as "County"), for value received,.hereby.promises to pay to the bearer, or if this Note be registered, to the registered holder as herein provided, on December 13, 1979, the principal sum of Fifty Thousand Dollars ($50,000.00), with interest thereon at the rate of six and forty hundredths per centum (6.408) per annum, payable at the maturity hereof, upon presentation and surrender of this Note. Both prin- cipal of and intererst on this Note are payable in lawful money of the United States of America at The Chase Manhattan Bank, N.A., New •York, New York. For the prompt payment of the prin- cipal of and interest on this Note as the same shall become due, the revenues of the project (hereinafter referred to), and, if .necessary, the ad valorem taxing power of the County for the fiscal year 1979-80 at an annual rate not to exceed ten (10) mills'on the dollar of assessed value, are hereby irrevocably pledged. ' This Note is one of an authorized issue of.notes in the aggregate principal amount of $235,000 of like date, tenor and effect, except as to number and denomination, issued to advance funds to finance the cost of the acquisition of a water system (herein called the "project"), under the.authority of and in full compliance with the Constitution and Statutes of the State of Florida, including Section 125.01, Florida Statutes, Chapter 159, Part I, Florida Statutes, and other applicable provisions of law, and pursuant to a resolution of the County duly adopted on the 6th day of December, 1978 (hereinafter called "Resolution"). This Note is subject to all the terms and conditions of said Resolution. It is certified and recited that all acts, conditions and things required to happen, to exist and to be performed, pre- cedent to and in the issuance of this Note, have happened, exist, and have been performed in due time, form and manner as required by the Constitution and Laws of the State of Florida, applicable thereto; that the total indebtedness of said County, including the issue of Notes of which this Note is one, does not exceed any constitutional, statutory, or other limitation; and that, to the extent the revenues of the project are insufficient therefor, provision has been made for the levy and collection of a direct annual tax for the fiscal year 1979-80, at an annual rate not to exceed ten (10) mills on the dollar of assessed. value, upon all property subject to taxation by the County, sufficient to pay the principal of and interest on this Note as the same shall become due, which tax shall be levied and collected at the same time and :in the same manner as other ad valorem taxes of the County are assessed, levied and collected. This Note is not redeemable prior to its stated date of maturity. This Note is and has all the qualities of a negotiable instrument under the law merchant and the laws of the State of Florida. 0 • This Note may be registered as to both principal and interest in accordance with the provisions endorsed hereon. IN WITNESS WHEREOF, Indian River County, Florida, has issued this Note and has caused the same to be executed by the* manual or facsimile signature of the Chairman of the Board of County Commissioners and the corporate seal of said County or a 'facsimile thereof to be affixed hereto or impressed, -imprinted, .lithographed or reproduced hereon and attested and countersigned by the manual or facsimile signature of the Clerk of the Board all as of the 14th -day of December, 1978. INDIAN RIVER COUNTY, FLORIDA By ' Chairman, Board of ifounty (SEAL) Commissioners ATTESTED AND COUNTERSIGNED: JJ Clerk, Board of ( unty Commissioners PROVISION FOR REGISTRATION This Note may be registered as to both principal and interest in the name of the holder on the books to be kept by the Clerk of the Board of County Commissioners -as Registrar, such registration being noted hereon_by such Registrar in the registration blank below, after which no transfer shall be valid unless made by written assignment on said books by the registered holder or attorney duly authorized and similarly noted in the registration blank below, but it may be discharged from registra- tion by being transferred to bearer, after which it shall be transferable by delivery, but it may be again registered as before. DATE OF IN WHOSE NAME SIGNATURE OF REGISTRATION REGISTERED REGISTRAR DEC 1978 M1 0 1 � N0. 2 UNITED STATES OF AMERICA STATE OF FLORIDA COUNTY OF INDIAN RIVER REVENUE AND GENERAL OBLIGATION NOTE $50,000.00 KNOW ALL MEN BY THESE PRESENTS, that Indian River County, Florida.( * hereinafter referred to as "County"), for value received, herebypromises to pay to the bearer, or if this Note be registered, to the registered holder as herein provided, on December 13, 1979, the principal sum of Fifty Thousand Dollars ($50,000.00), with interest thereon at the rate of six and forty hundredths per centum (6.40$) per annum, payable at the maturity hereof, upon presentation and surrender of this Note. Both prin- cipal of and intererst on this Note are payable in lawful money of the United States of .America at The Chase Manhattan Bank, N.A., New York, New York. For the prompt payment of the prin- cipal of and interest on this Note as the same shall become due,. the revenues of the project (hereinafter referred to), and, if necessary, the ad valorem taxing power of the Countyfor the fiscal year 1979-80 at an annual rate not to exceed teen (10) mills on the dollar of assessed value, are hereby irrevocably pledged. This Note is one of an authorized issue of notes in the aggregate principal amount. of $235,000 of like date, tenor and effect, except as to number and denomination, issued to advance funds to finance the cost of the acquisition of a water system (herein called the "project"}, under the authority of and in full compliance with the Constitution and Statutes of the State of Florida, including Section 125.01, Florida Statutes, Chapter 159, Part I, Florida Statutes, and other applicable provisions of law, and pursuant to a resolution of the County duly adopted on the 6th day of December, 1978 (hereinafter called "Resolution"). This Note is -subject to all the terms.and conditions of said Resolution. It is certified and recited that all acts, conditions and things required to happen, to exist and to be performed, pre- cedent to and in the issuance of this Note, have happened, exist, and have been performed in due time, form and manner as required by the Constitution and Laws of the State of Florida, applicable thereto; that the total indebtedness of said County, including the issue of Notes of which this Note is one, does not exceed any constitutional, statutory, or other limitation; and that, to the extent the revenues of the project are insufficient therefor, provision has been made for the levy and collection of a direct annual tax for the fiscal year -1979-80, at an annual rate not to exceed ten (10) mills on the dollar of assessed value, upon all property subject to taxation by the County, sufficient to pay the, principal of and interest on this Note as the same shall become due, which tax shall be levied and collected at the same time and in the same manner as other ad valorem taxes of the County are assessed, levied and collected. This'Note is not redeemable prior to its stated date of maturity. This Note is and has all the qualities of a negotiable instrument under the law merchant and the laws of the State of Florida. 8WK 38 pnic 39 registered as to both principal and This Note may be rovisions endorsed hereon. interest in accordance with the p Florida, has IN WITNESS WHEREOF, Indian River County, re o£ the Chairman of the Bund or a issued this Note and has caused the same to be exthe B by the manual or facsimile signs pressed, imprinted, County Commissioners bedaffixedthe rhereto oraimpf said facsimile then reproduced hereon and attested and countersigned lithographed or rep of b the manual or facsimieDecember e1978the Clerk of the Boar all as of the 14th day of INDIAN RIVER COUNTY, FLORIDA By• a C a rman, Board o unty Commissioners • (SEAL) ATTESTED AND OUp1TERS GNED: �r n of Aunty ' er , Boar . Commissioners PROVISION FOR REGISTRATION be registered as to both principal taby nd the This Note may such kept of County Commissioners as Registrar, interest in the name of the holder on the books the Clerk .of the Bo not hereon. by such Reg registration being the registered istration blank below, afnmenth n saidtbooksebysthel be thvalid reg written assignment noted i unless made by duly authorized and similarly istra- bolder or attorney be discharged from reg registration b�ransferred to bearer., after which it shall be tion by being but it may be again registered as transferable by delivery, before. SIGNATURE OF IN WHOSE NAME REGISTRAR DATE OF REGISTERED REGISTRATION ------------- N0.1 $50,000.00 UNITED STATES OF AMERICA STATE OF FLORIDA COUNTY OF INDIAN RIVER REVENUE AND GENERAL OBLIGATION NOTE KNOW ALL MEN BY THESE PRESENTS, that Indian River County, Florida (hereinafter referred to as "County"), for value received, hereby promises to pay to the bearer, or if this Note .be registered, to the registered holder as herein provided, on December 13, 1979, the principal sum of Fifty Thousand Dollars ($50,000.00), with interest thereon at the rate of six and forty hundredths per centum (6.40$) per annum, payable at the maturity hereof, upon presentation and surrender of this Note. Both prin- cipal of and intererst on this Note are payable in lawful money Of the United States of America at The Chase Manhattan Bank, N.A.,.New•York, New York. For the prompt payment of the prin- cipal of and interest on this Note as the same shall become due, the revenues of the project (hereinafter referred to), and, if necessary, the ad valorem taxing power of the County for the fiscal year 1979-80 at an annual rate not to exceed ten (10) mills on the dollar of assessed value, are hereby irrevocably pledged. This Note is one of an authorized issue of notes in the aggregate principal amount of $235,000 of like date, tenor and effect, except as to number and denomination, issued to advance funds to finance the cost -of the acquisition of a water system (herein called the "project"), under the authority of and in full compliance with the Constitution and Statutes of the State of Florida, including Section 125.01, Florida Statutes, Chapter 159, Pant I, Florida Statutes, and other applicable provisions of law, and pursuant to a resolution of the County duly adopted on the 6th day of December, 1978 (hereinafter called "Resolution"), This Note is subject to.all the terms and conditions of said Resolution. It is certified and recited that all acts, conditions and things required to happen, to exist and to be performed, pre- cedent to and in the issuance of this Note, have happened, exist, and have been performed in due time, form and manner as required by the Constitution and Laws of the State of Florida, applicable thereto; that the total indebtedness of said County, including the issue of Notes of which this Note is one, does not exceed any constitutional, statutory, or other limitation; and that, to the extent the revenues of the project are insufficient therefor, provision has been made for the levy and collection of a direct annual tax for the fiscal year 1979-80, at an annual rate not to exceed ten (10) mills on the dollar of assessed value, upon all property subject to taxation by the County, sufficient to pay the principal of and interest on this Note as the same shall become due, which tax shall be levied and collected at the same time and in the'same manner as other ad valorem taxes of the County are assessed, levied and collected. This'Note is not redeemable prior to its stated date of maturity. This Note is and has all the qualities of a negotiable instrument under the law merchant and the laws of the.State-of Florida. va 38 pnc" 41Y This Note may be registered as to both principal and interest in accordance with the provisions endorsed hereon. IN WITNESS WHEREOF, Indian River County, Florida, has issued this Note and has caused the same'to be executed by the manual or facsimile signature of the Chairman of the Board of County Commissioners and the corporate seal of said County -or a facsimile thereof to be affixed hereto or:impressed, imprinted, lithographed or reproduced hereon and attested and countersigned by the manual or facsimile signature of the Clerk of the Board all as of the 19th day of December, 1978. INDIAN RIVER CO\UNNTY, F ORIDA 1y �f/� C airman, Board of ounty (SEAL) Commissioners ATTESTED AND COUNTERSIGNED: 4Ce rk, Board County Commissioners PROVISION FOR REGISTRATION This Note may be registered as to both principal and interest in the name of the holder on the books to be kept by the Clerk of the Board of County Commissioners as Registrar, such registration being noted hereon by such Registrar in the registration blank below, after which no transfer shall be valid unless made by written assignment on said books by the registered holder or attorney duly authorized and similarly noted in the registration blank below, but it may be discharged from registra- tion by being transferred to bearer, after which it shall be transferable by delivery, but it may be again registered as before. DATE OF IN WHOSE NAME SIGNATURE OF REGISTRATION REGISTERED REGISTRAR DEC 197 42. yti NO. 4 UNITED STATES OF AMERICA STATE OF FLORIDA COUNTY OF INDIAN RIVER REVENUE AND GENERAL OBLIGATION NOTE $50,000.00 KNOW ALL MEN BY THESE'PRESENTS, that Indian River County, Florida (hereinafter referred to as "County"), for value received, hereby promises to pay to the bearer, or if this Note be registered, to the registered holder as herein provided, on December 13, 1979, the principal sum of Fifty Thousand Dollars ($50,000.00), with interest thereon at the rate e f six and forty hundredths per centum (6.40$) per annum, paya hereof, upon presentation and surrender of this Note. Both prin- cipal of and intererst on this Note are payable in lawful money of the United States of America at The Chase Manhattan oatfatheaprin- N.A., New York, New York. For the prompt payment cipal of and interest on this Note as the same shall become due,. the revenues of the project (hereinafter referred to), and, if necessary, the ad valorem taxing power of the County for the fiscal year 1979-80 at an annual rate not to exceed ten (10) mills on the dollar of assessed value, are hereby irrevocably pledged. This Note is one of an authorized issue of notes in the aggregate principal amount of $235,000 of like date, tenor and effect, except as to number and denomination, issued to advance funds to finance the cost of the acquisition of a water system (herein called the "project ), under the authority of and in full compliance with the Constitution and Statutes of the State of Florida, including Section 125.01, Florida Statutes, Chapter 159, Part I, Florida Statutes, and other applicable provisions of law, and pursuant to a resolution of the County duly adopted on the 6th day of December, 1978 (hereinafter called "Resolution"). This Note is subject to all.the terms and conditions of said Resolution. It is certified and recited that all acts, conditions and things required to happen, to exist and to be performed, pre- cedent to and in the issuance of this Note, have happened, exist, and have been performed in due time,'form and manner as required -tT-the•-Constitution-and -Laws of the State of Florida, app icable thereto; that the total indebtedness of said County, including --the issue of Notes-of-wh:Lch-this Note is one, does not exceed any constitutional, statutory, or other limitation; and that, to the extent the revenues of the -project are insufficient therefor, provision has been made foi the levy and collection of a direct tr nual tax -for the fiscal year --i979---80, at an annual rate not to exceed ten (10) mills on the dollar of assessed valent uponto althe property subject to taxation by the County, principal of and interest on this Note as the same shall become due, which tax shall be levied and collected at the same time and in .the same manner as.other ad valorem taxes of the County are assessed, levied and collected. This Note is not redeemable prior to its stated date of maturity. This Note is and has all the qualities of a negotiable instrument under the law merchant and the laws of the State of Florida. awx 38 wbic 43 This Note may be registered. as to both principal and Interest in accordance with the provisions endorsed hereon. IN WITNESS WHEREOF, Indian River County, Florida, has issued this Note and has caused the same to be executed by the manual or facsimile signature of the Chairman of the Board of- County f-County Commissioners and the corporate seal of said County or a facsimile thereof to be affixed hereto or impressed, imprinted, lithographed or reproduced hereon and attested and countersigned by -the manual or facsimile signature of the Clerk of the Board all as of the 14th day of December, 1978. INDIAN RIVER COUNTY, F ORIDA R Y Chairman, Board oounty (SEAL) Commissioners ATTESTED AND OUNTERSIGNED: Clerk, Board of,, -County Commissioners PROVISION FOR REGISTRATION This Note may be registered as to both principal and interest in the name of the holder on the books to be kept by the Clerk of the Board of County -Commissioners as Registrar, such registration being noted hereon by such Registrar in the registration blank below, after which no transfer shall be valid unless made by written assignment on said books by the registered holder or attorney duly authorized and similarly noted in the registration blank below, but it may be discharged from registra- tion by being transferred to bearer, after which it shall be transferable by delivery, but it may be again registered as before. DATE OF IN WHOSE NAME SIGNATURE OF REGISTRATION REGISTERED REGISTRAR a DEC 6 197 Box r r • NO. .5 UNITED STATES OF AMERICA STATE OF FLORIDA COUNTY OF INDIAN RIVER REVENUE AND GENERAL OBLIGATION NOTE $35,000.00 KNOW ALL MEN BY THESE PRESENTS, that Indian River County, Florida (hereinafter referred to as "County"), for value received, hereby promises to pay to the bearer, or if this Note be registered, to the registered holder as herein provided, on December 13, 1979, the principal sum of Thirty-five Thousand Dollars ($35,000.00) with interest thereon at the rate of six and forty hundredths per centum (6.40$) per annum, payable at the maturity hereof, upon presentation and surrender of this Note. Both principal of and intererst on this Note are payable in lawful money of the United States of America at The Chase Manhattan Bank, N.A., New York, New York. For the prompt payment of the principal of and interest on this Note as the same shall become due, the revenues of the project (hereinafter referred to), and, if necessary, the ad valorem taxing power of the County for the fiscal year 1979-80 at an annual rate not to exceed ten (10) mills on the dollar of assessed value, are hereby irrevo- cably pledged. This Note is one of an authorized issue of notes in the aggregate principal amount of $235,000 of -like date, tenor and effect, except as to number and denomination, issued to advance funds to finance the cost of the acquisition of a water system (herein called the "project"), under the authority of and in full compliance with the Constitution and Statutes of the State of Florida, including Section 125..01, Florida Statutes, Chapter 159, Part I, Florida Statutes, and other applicable provisions of law, and pursuant to a resolution of the County duly adopted on the 6th day of December, 1978 (hereinafter called "Resolution"). This Note is subject to all the terms and conditions of said Resolution. It is*certified and recited that all acts, conditions and things required to happen, to exist and to be performed, pre- cedent to and in the issuance of this Note, have happened, exist, and have been performed in due time, form and manner as required by the Constitution and Laws of the State of Florida, applicable thereto; that the total indebtedness of said County, including the issue of Notes of which this Note is one, does not exceed any constitutional, statutory, or other limitation; and that, to the extent the revenues of the project are insufficient therefor, provision has been made for the levy and collection of a direct annual tax for the fiscal year 1979-80, at an annual rate not to exceed ten (10) mills on the dollar of assessed value, upon all property subject to taxation by the County, sufficient to pay the principal of and interest on this Note as the same shall become due, which tax shall be levied and collected at the same time and in the same manner as other ad valorem taxes of,the County are• assessed, levied and collected. This Note is not redeemable prior to its stated date of siaturity. This Note is and has all the qualities of a negotiable instrument under the law merchant and the laws of the State'of Florida. y"" J This• Note may be registered as to both principal and interest in accordance with the provisions endorsed hereon. IN WITNESS WHEREOF, Indian River County, Florida, has issued this Note and has caused the same to be executed by the manual or facsimile signature of the Chairman of the Board of County Commissioners and the corporate seal of said County or a facsimile thereof to be affixed hereto or impressed, imprinted, lithographed or reproduced hereon and attested and countersigned by the manual or facsimile signature of the Clerk of the Board all as of the 14th day of December, 1978. INDIAN RIVE.R COUNTY, FLORIDA By Chairman, Board of Qbunty (SEAL) Commissioners ATTESTED AND,CDUNTERSIGNED: Clerk, Board of Sounty Commissioners PROVISION FOR REGISTRATION This Note may be registered as to both principal and interest in the name of the holder on the books to be kept by the Clerk of the Board of County Commissioners as Registrar, such registration being noted hereon by such Registrar in the registration blank below, after which no transfer shall be valid unless made by written assignment on said books by the registered holder or attorney duly authorized and similarly noted in the registration blank below, but it may be discharged from registra- tion by being transferred to bearer, after which it shall be transferable.by delivery, but it may be again registered as before. DATE OF IN WHOSE NAME SIGNATURE OF REGISTRATION REGISTERED REGISTRAR DEC 6 1978 acs 38 �wa 40' ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER LOY, THE BOARD UNANIMOUSLY SET THE CLOSING TIME AT 10:00 A.M. ON DECEMBER 15, 1978 AT ATTORNEY COLLINS' OFFICE; AND AUTHORIZED THE CHAIRMAN AND ANY NECESSARY COUNTY OFFICIALS TO SIGN ANY DOCUMENTS NEEDED TO EFFECTUATE THE PURCHASE. ATTORNEY COLLINS NOTED THAT WE WILL BE VOIDING MID -FLORIDA'S FRANCHISE AFTER THE PURCHASE AND WILL HAVE TO ESTABLISH A RATE ORDINANCE FOR THAT AREA. HE INFORMED THE BOARD THAT THE APPROPRIATE NOTICE HAS BEEN PUBLISHED FOR A HEARING ON DECEMBER 20TH, AND THE RATES ADVERTISED ARE THE SAME AS THOSE THAT EXIST IN THE.PRESENT FRANCHISE, THOUGH SOME PROVISION HAS BEEN MADE FOR ADJUSTMENTS ON SERVICE CHARGES AND CONNECTION FEES. HE FELT SOME.CHANGES IN THE RATES MAY HAVE TO BE MADE DOWN THE LINE, PARTICULARLY FOR THE HEAVY USERS, COMMISSIONER LOY NOTED THERE IS A MORATORIUM ON THIS TYPE OF ACTIVITY. ATTORNEY COLLINS FELT THIS WOULD BE VIEWED AS A TRANSFER OF A FRANCHISE AND FURTHER NOTED THAT A MORATORIUM WOULD NOT APPLY TO A COUNTY ACTION. MOTION WAS MADE BY COMMISSIONER SIEBERT, SECONDED BY COMMIS- SIONER LOY, TO GRANT RETROACTIVE APPROVAL OF THE PUBLICATION OF NOTICE OF PUBLIC HEARING ON TRANSFER OF THE MID -FLORIDA FRANCHISE TO THE COUNTY TO BE HELD AT 11:00 O'CLOCK A.M. DECEMBER 20, 1978. COMMISSIONER LOY EXPRESSED CONCERN ABOUT HAVING A PUBLIC ' HEARING OF THIS TYPE SO CLOSE TO THE HOLIDAYS. CHAIRMAN WODTKE POINTED OUT THAT WE MUST HAVE AUTHORIZATION TO CHARGE A FEE AND NOTED THAT THERE ARE QUITE A FEW UNKNOWNS THAT MUST BE ADDRESSED. ATTORNEY COLLINS POINTED OUT TO THE BOARD THAT THE PUBLICATION DOES NOT ANTICIPATE ANY MAJOR INCREASES. IT ANTICIPATES THAT THE RATES WILL STAY THE SAME, BUT LEAVES SOME ROOM FOR SOME MINOR CHANGES, PARTICULARLY AS TO THE CONNECTION FEE. DISCUSSION FOLLOWED IN REGARD TO HOLDING THE PUBLIC HEARING ON THE 20TH AS PUBLISHED, BUT MAKING IT CLEAR THAT THERE WILL BE NO CHANGES FOR 30 DAYS OR SO. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AN CARRIED UNANIMOUSLY. 47 DEC 6 197 BOOK 8 eni. 47 r LOTION WAS MADE BY COMMISSIONER SIEBERT, SECONDED BY COMMIS- SIONER Loy, TO AGREE TO STATE THAT THE INTENT OF THE COMMISSION IS THAT THERE WILL BE NO RATE INCREASE AT THE HEARING TO BE HELD ON DECEMBER 20TH AND THAT IT IS BEING HELD DUE TO LEGAL REQUIREMENTS OF NEW OWNERSHIP. CHAIRMAN WODTKE STATED THAT HE HAS A BASIC PROBLEM WITH STATING WHAT THE COMMISSION INTENDS TO DO AT A HEARING THAT HAS NOT YET BEEN HELD. COMMISSIONER SIEBERT STATED THAT HE WOULD BE GLAD TO WITHDRAW HIS MOTION PROVIDED THE PRESS UNDERSTANDS THAT WE ARE NOT PLANNING TO MAKE ANY RATE CHANGES AND WILL SO INFORM THE PUBLIC. COMMISSIONER Loy WITHDREW HER SECOND. THE HOUR OF lO:OO A.P. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO -WIT: VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a In the Court was pub- lished in said newspaper in the issues of ��+ ! 7� �� -7 Affiant further says that the said Vero Beach Press-Joumal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has .heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tiserrent, and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Sworn to and subscribed before me this I/ - day of 0 . [f!%{ . AD ��% 7r?, ( usiness Manager) (SEAU (Clerk of the Circuit Court, ln6i River County, Florida) ADVERTISEMENT FOR BIDS Indian River County, Florida County Courthouse, Room 118 Vero Beach, Florida 32960 Separate sealed bids for the construction of:, Phase 11 Gifford Water System Extension Including, but not limited to, installation of new water mains; water meters, installation of five hydrants; installation of service lines; and connecting new water mains to existing water main, will be received by Indian River County, Florida, at the office of County Ad. minisfrator, County Court House, Room 1)S until 11:00 A.M., (Eastern Standard Time); December 6, 1978, and then at said office publicly opened and read aloud The CONTRACT DOCUMENTS may be examined at the following locations: 1. Office of the Engineers, Sverdrup & Parcel and Associates, Inc., 2002 N.W..13th Street, Suite 201, Gainesville, Florida 32601, L Indian River County Court House, County Administrator Office, Vero Beach, Florida. 3. Belmlorf and Associates, Inc., 3M5 20th Street Vero Beach, Florida 32960. Copies of Me CONTRACT DOCUMENTS may be obtained at the office of Sverdrup & Parcel and Associates, Inc., located at 2002 N.W. 13th Street, Suite 201, Gainesville, Florida 32601, upon payment of 8s0.o0 for each set. NO REFUNDS will be made for the return of the CONTRACT DOCUMENTS. Dated: September 20,1978. -$-Jack G. Jennings County Administrator Nov. 18, 17,1978. THE CMIRMAN THEN ASKED FOR RECEIPT OF BIDS IN ACCORDANCE WITH THE NOTICE AND THE FOLLOWING SEALED BIDS WERE RECEIVED, OPENED AND READ: G .. . _ .. ... ,.. ,, - . ; Y. .:. ,.. .. .. .� y �.:�• ,aW: e: �:�re.:: � - ..1. +�sss±at���atso-, q,MWca,-; .u. -n..., ssir<�e..«W5 w;r.,..a�snm+rrwrc.:_d,.,.+n+o.- ..�. ry �pn...+r. ....-.cw-+_...-""-.`.`e'P°d A�rr3.w•,.e.. ,. ,.. o �ss4T:, �;..-i.^�-":��:,:;a:r--�.M�-��}C�tt«�vi�t�P'R[ ;k'.T-'1`-�.f.+':iAo.-w[.: w�,. ,. r..� x r�r�«,•da e��;P, ,.. .t�'� __, _ .�"__ ..,'� "moi. .s �'-----.._.._ _ .�..... _.._._,. ,. .. "�'s^ypr..•y. BID TABULATION FOR .PHASE II GIFFORD AREA WATER SYSTEM EXTENSION FOR INDIAN RIVER COUNTY SVERDRUP & PARCEL AND ASSOCIATES, INC. BEINDORF AND ASSOCIATES, INC. __tA _JOINT VENTURE) _-- _ Sumary Items Contractor Contractor UL.VU'tD CR Contractor O 17/15 Contractor Conttactor BASE BID Part "A", Area "A" Part "B", Area "B" Part "C", Area "C" Part "D", Area "D" Part "E", Area "E" Part "F", Area "F" Part "G", Area "G" Part "H", Area "H" Part "I", Area "I11 GRAND TOTAL' -BASE BID ALTERNATE BID Subtotal Part "A" and Part "D" Through Part "I" Part "J", Area "B" Part "Ktt' Area "CIO .GRAND TOTAL- 1. ALTERNATE BID 4 2 Co 30 35' o �„•sx, o 1112 o p ® o c 1, 41 pO •7 , 00 0" c gp 15 7 70,70 27 5f 2.70 k8 075, os 7 / 149 ®2.52. 7 . �CI-Z14 , - rn Go LU i 1 ENGINEER RALPH ENG STATED THAT THE BIDS RECEIVED ARE WELL WITHIN THEIR ESTIMATE AND NOTED THAT THE ALTERNATE BID IS BASED ON PVC PIPE FOR A PORTION OF THE MAIN LINE RUNNING DOWN U.S. #1 AND NOT IRON PIPE. COMMISSIONER LYONS ASKED IF THE EVALUATION OF THE BIDS INCLUDES AN EVALUATION OF THE COMPETENCY OF THE CONTRACTOR, AND MR.,ENG STATED BOTH CONTRACTORS HAVE WORKED FOR THEM IN THE PAST, BUT THEY WILL BE EVALUATED. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED THE ABOVE BIDS BEING REFERRED. TO THE ADMINISTRATOR FOR EVALUATION. THE HOUR OF 11:00 O'CLOCK A.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO-WI:T. VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River Countyflorida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press-Joumal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being in the matter of iCk 75?-� in the – -- Cdurt, was Pub - fished in said newspaper in the issues of t - 104 % 27p Affiant further says that the said Vero Beach Press-Joumal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tiserrent; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver. tisement for publication in the said newspaper. � �, Swom to and subscribed before me this l3 'rra>r a6 SSL._ A.11 L� — — '-(Clerk of the Circuit Court, (SEAQ n (B siness Manager) AjA River County, Florida) NOTICE ISHERNICE EBYGIVEN thattheBoard of County Commissioners of Indian River County, Florida, will hold a public hearing on December 6, 1978, at 11:00 A.M. in the County. Commission Chambers of the Indian River County Courthouse to consider the adoption of: An Ordinance Amending Indian River County Ordinance 78-75, by adding to said Ordinance an additional Section designated Section 15, which Section shall provide for variances: and providing for an effective date. Board of County Commissioners of Indian River County, Florida Nov. 10,1978. Bvirilliam C. WodtkeJr., Chairman Bo fgz 50 • ATTORNEY COLLINS NOTED THAT EARLY THIS YEAR, THE COMMISSION, IN CONJUNCTION WITH THE NATIONAL FLOOD INSURANCE PROGRAM, ADOPTED A FLOOD ORDINANCE WHICH ESTABLISHED IN THIS COUNTY VARIOUS AREAS IN RELATION TO THE DEGREE OF PROBABILITY OF FLOODING AT THE 100 YEAR FLOOD LEVEL. THIS ORDINANCE DID NOT, HOWEVER, CONTAIN A VARIANCE PROVISION. HE NOTED THAT THE PLANNING DEPARTMENT HAS RECEIVED REQUESTS FOR VARIANCES, AND THE FLOOD PROGRAM ON A NATIONAL LEVEL DOES ANTICIPATE THAT THE ORDINANCE MAY PROVIDE FOR VARIANCE PROCEDURES. HE INFORMED THE BOARD THAT HE HAS INCLUDED IN THE VARIANCE PROCEDURE THE RECOMMEN- DATIONS FROM THE NATIONAL PROGRAM. ' COMMISSIONER SIEBERT ASKED IF SOMEONE SHOULD GET A VARIANCE AND SOMETHING HAPPENS, WHO IS LIABLE. ATTORNEY COLLINS DID NOT FEEL THAT THE COUNTY WOULD HAVE ANY LIABILITY. HE FELT THE VARIANCE PROCEDURE PROVIDES FOR SITUATIONS OF REAL HARDSHIP SUCH AS A SITUATION ON THE OCEAN WHERE PROPERTY HAS BEEN SUBDIVIDED AND ON BOTH SIDES OF A CERTAIN LOT HOMES HAVE BEEN CONSTRUCTED, BUT THE LOT IN QUESTION WOULD NOT QUALIFY. HE NOTED THAT THE NATIONAL GUIDELINES DO ENVISION THIS PROBLEM AND TRY TO HELP OUT THE SMALL LOT OWNER. IN DISCUSSION, IT WAS NOTED THAT THE ONLY APPEAL FROM THE VARIANCE BOARD DECISION IS TO THE CIRCUIT COURT. THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD. THERE WERE NONE. - ON MOTION BY COMMISSIONER-SIEBERT, SECONDED BY COMMISSIONER — -DEESM THE BOARD UNANIMOUSLY CLOSED -THE PUBLIC HEARING. -- ON--MOT_IIIN---BY---COMMISSIONER $ I EBERT, SECONDED BY COMMISSIONER Loy, THE BOARD.UNANIMOUSLY_ADOPTEI?-ORDINANCE No. 78-41. -51 a�K 38 PAGE 51 • INDIAN RIVER COUNTY ORDINANCE NO. 78-41 AN ORDINANCE AMENDING INDIAN RIVER COUNTY ORDINANCE 78-25, BY ADDING A NEW SECTION, DESIGNATED SECTION 15, WHICH SECTION PROVIDES FOR A VARIANCE PROCEDURE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT Indian River County Ordinance 78-25, is hereby amended by adding a new Section 15, which section shall read as follows: SECTION 15. VARIANCE PROCEDURES (1) The Indian River County Board of Zoning Adjustment as established by Indian River County shall hear and decide appeals and requests for variances from the requirements of this Ordinance. (2) The Board of Zoning Adjustment shall hear and decide appeals when it is alleged there is an error in any require- ments, decision, or determination made by the County Administrator in the enforcement or administration of this Ordinance. (3) Any person aggrieved by the decision of the Board of Zoning Adjustment or any taxpayer may appeal such decision to the Circuit Court, as provided by Law. (4) Variances may be issued for the reconstruction, re- habilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory' of Historic Places without regard to procedures set forth in the remainder of this section. (5) In passing upon such application, the Board of Zoning Adjustment shall consider all technical evaluations, all relevant factors, standards specified in other sections of this Ordinance, and: j- j4 lKIM a' BOK J8 PAGE 52 �.: I (a) the danger that materials may be swept onto other lands to the injury of others; (b) the danger to life and property due to flooding or erosion damage; (c) the susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (d) the importance of the services provided by the proposed facility to the community; (e) the necessity to the facility of a waterfront location, where applicable; (f) the availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; (g) the compatability of the proposed use with existing and anticipated development; (h) the relationship of the proposed use to the comprehensive plan and flood -plain management program for that area; (i) the safety of access to the property in times of flood for ordinary and emergency vehicles; (]') the expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and (k) the costs of providing governmental services during and after flood conditions including maintenance and repair of public utiliities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges. (1) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of - one -half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (a - k) have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases. �� lJ i•�j - 2 - (6) Upon consideration of the factors listed above and the purposes of this Ordinance, the Board of Zoning Adjustment may attach such conditions to the granting of variances as it deems necessary to further the purposes of this Ordinance. (7) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (8) Conditions for Variances (a) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (b) Variances shall only be issued upon (i) a showing of good and sufficient cause; (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant; and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (c) Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the structure is to be built and stating that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (d) The County Administrator shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. This Ordinance shall become effective as provided by law. This Ordinance shall take effect on the 1 Lth day of December, 1978. 61 �fSSr S 810 5 ROBERT F. LLOYD CAME BEFORE THE BOARD REQUESTING FINAL APPROVAL OF OCEANSIDE SUBDIVISION (FORMERLY KNOWN AS TREASURE COAST DEVELOPMENT). ADMINISTRATOR .JENNINGS INFORMED THE BOARD THAT TWO CERTIFIED CHECKS TOTALING $$2,239 HAVE BEEN TURNED OVER TO HIM AS CASH BONDS, AND HE WILL TURN THESE OVER TO THE FINANCE DEPARTMENT UPON APPROVAL OF THE BOARD. HE STATED THAT THE PLAT IS IN ACCORDANCE WITH REGULATIONS. COMMISSIONER SIEBERT ASKED IF THERE IS ANYTHING ON THE PLAT SHOWING THAT PUBLIC WATER IS NOT AVAILABLE. HE NOTED THERE HAVE BEEN SALT WATER INTRUSION PROBLEMS. MR. LLOYD FELT THERE COULD BE A STATEMENT PUT ON THE PLAT INDICATING THAT THE DEVELOPER IS NOT GOING TO FURNISH WATER AND SEWER. HE BELIEVED THAT SALT WATER INTRUSION CAN OCCUR ANYWHERE. COMMISSIONER LOY ASKED WHAT THE PLAT SAYS ABOUT A WATER SYSTEM, AND MR. LLOYD STATED THAT IT DOES NOT SAY ANYTHING. ADMINISTRATOR .JENNINGS EXPLAINED THAT PLAT LAW DOES NOT REQUIRE THIS, BUT THE BOARD COULD MAKE A REQUIREMENT. HE SUGGESTED IF A LENGTHY STATEMENT WERE INVOLVED, THAT JUST A NOTE BE MADE ON THE PLAT REFERRING TO THE OFFICIAL RECORD BOOK TO FIND THE STATEMENT. COMMISSIONER LOY DISCUSSED THE NAME CHANGE OF THE DEVELOPMENT FROM TREASURE COAST TO OCEANSIDE, NOTING THERE IS A SIMILAR NAME ALSO LOCATED ON THE BEACH, WHICH SHE FELT'MIGHT CAUSE SOME CONFUSION. MR. LLOYD POINTED OUT THAT IT IS A CONDOMINIUM THAT HAS A SIMILAR NAME, NOT A SUBDIVISION, AND IT IS IN ANOTHER AREA. THE BOARD NEXT DISCUSSED THE NEED FOR STREET NUMBERS AS WELL AS NAMES, AND MR. LLOYD NOTED THAT THESE ARE PRIVATE ROADS, BUT HE WOULD BE HAPPY TO ADD THE STREET NUMBERS ON THE PLAT. MOTION WAS MADE BY COMMISSIONER SIEBERT, SECONDED BY COMMIS- SIONER LYONS, TO GRANT FINAL APPROVAL OF OCEANSIDE SUBDIVISION, FORMERLY KNOWN AS TREASURE COAST, SUBJECT TO A STATEMENT ON THE PLAT CERTIFYING THERE IS NO INTENTION ON THE PART OF THE DEVELOPER TO PROVIDE WATER AND SEWER; THE STREET NUMBERS TO BE PLACED ON.THE PLAT OF RECORD. MR. LLOYD POINTED OUT THAT HE WOULD NOT LIKE TO STATE THAT THE DEVELOPER HAS "NO INTENTION It TO SUPPLY WATER AND SEWER, BUT HE WOULD RATHER STATE THAT HE IS NOT SUPPLYING IT, ALTHOUGH THAT MAY NOT BE HIS INTENTION FOREVER. THE BOARD AGREED WITH MR.. LLOYD'S SUGGESTION. 55 0 9 THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS -VOTED ON AND CARRIED UNANIMOUSLY. THE HOUR OF 11:30 O'CLOCK A.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO -WIT: VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press-Joumal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a In the matter of IU�i��1ltl<t im �. .s d in the p Court was pub - lisped in said newspaper in the issues of f11 )- % 4 ! Affiant further says that the said Vero Beach Press-Joumal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver tisement; and affiant further says that he has neither paid nor promised any person, firm or. corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Swom to and subscribed before me this (SEAL) (Clerk of the Circuit Court, A.D._.LZ 7� County, Florida) NOTICE NOTICE IS HEREBY GIVEN thatthe Board Of -County Commissioners of Indian River County, Florida, will hold a public hearing on December 6, 1978, at 11:30 A.M. in the County tommission Chambers of the Indian River County Courthouse to consider the adoption of: An Ordinance Amending Indian River County Ordinance 77.13, by adding a SeUfon (13), Licensing, which shall read as folbws: Whosoever desires to enter the plumbing business or offers plumbing services in Indian River County shall be licensed in accordance with the provisions of Chapter 469, Laws of Florida. The Board of Examiners of the City of Vero Beach, is hereby appointed as the Indian River County Board of Examiners, and Providing for an effective date. Board of County Commissioners Of Indian River County, Florida By:.s.William C. WodtkeJr., Chairman Nov. 10, 1978. ATTORNEY COLLINS STATED THAT THIS -WAS PUBLISHED INADVERTENTLY IN CONJUNCTION WITH A SIMILAR ORDINANCE THAT WAS PASSED IN REGARD TO ELECTRICAL CONTRACTORS, AND BUILDING DIRECTOR RYMER HAS INFORMED HIM THAT THE LICENSING OF PLUMBERS HAD BEEN HANDLED PREVIOUSLY. CHAIRMAN WODTKE.ANNOUNCED THAT IT IS NOT NECESSARY TO TAKE ANY -.ACTION OF THE ITEM PUBLISHED, AND THE PUBLIC HEARING, THEREFORE, IS CANCELED. 56 Bax, 3100 w r. ATTORNEY COLLINS NOTED THAT LAST YEAR THE CITY OF VERO BEACH AND THE COUNTY AGREED TO EXTEND FOR ONE YEAR THE DEADLINE FOR THE ENGINEERING REPORTS TO BE SUBMITTED AS REQUIRED UNDER THE TRIPARTITE AGREEMENT. THE ATTORNEY CONTINUED THAT ALTHOUGH PROGRESS HAS BEEN MADE, THE SAME SITUATION STILL EXISTS, AND HE WOULD RECOMMEND THAT A SIMILAR EXTENSION AGREEMENT BE APPROVED. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER LOY, THE BOARD UNANIMOUSLY APPROVED AN AGREEMENT WITH THE CITY OF VERO. BEACH, EXTENDING THE TERM OF THE PREVIOUS EXTENSION AGREEMENT FOR A ONE YEAR PERIOD UNDER TERMS SUBSTANTIALLY AS PRESENTED AND AS SATISFACTORY TO THE CHAIRMAN AND THE ATTORNEY. SAID AGREEMENT WILL BE MADE.A PART OF THE MINUTES WHEN FULLY EXECUTED AND RECEIVED. ATTORNEY COLLI*NS NOTED THAT THE BOARD HAS RECEIVED A REPORT ON DUAL TAXATION PREPARED BY THE FIRM OF SOUTHERN & KELTON AND STATED THAT MR. KELTON HAS INDICATED HE WOULD BE GLAD TO COME BEFORE THE COMMISSION AND REVIEW THE REPORT IN DETAIL. THE ATTORNEY CONTINUED THAT HE HAS PREPARED A LETTER TO THE TOWN OF INDIAN RIVER SHORES CONSISTENT WITH THE RESPONSE FOUND IN THE REPORT. HE NOTED THAT THE REPORT DID ITEMIZE THE PARTICULAR ITEMS THAT WOULD BENEFIT SOME AREAS TO THE EXCLUSION OF OTHERS, INCLUDING BUILDING, ZONING, FIRE AND ANIMAL CONTROL, BUT CONCLUDED THAT THE AD VALOREM FUNDS GENERATED FROM THE UNINCORPORATED PORTION OF THE COUNTY AMOUNTED TO AN AMOUNT IN EXCESS OF.THESE PARTICULAR ITEMS. FOR THAT REASON, MR. KELTON FOUND THERE WAS NO DUAL TAXATION AS IT APPLIED TO THE TOWN OF INDIAN RIVER SHORES. .ATTORNEY COLLINS NOTED THAT THE REPORT INCLUDES A NUMBER OF RECOMMENDA— TIONS WHICH HE FELT WOULD BENEFIT THE COUNTY, AND HE RECOMMENDED THE BOARD WORK TOWARDS ADOPTING SOME OF THEM. COMMISSIONER SIEBERT COMMENTED THAT THIS WAS AN EXCELLENT REPORT, AND COMMISSIONER LOY FELT IT WOULD BE VERY WORTHWHILE TO TAKE MR. KELTON UP ON HIS OFFER TO COME BEFORE THE BOARD AND REVIEW THE REPORT AND HIS RECOMMENDATIONS. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER LOY, THE BOARD UNANIMOUSLY ACCEPTED THE REPORT ON DUAL TAXATION DONE BY SOUTHERN & KELTON AND AUTHORIZED THE RESPONSE TO THE TOWN OF INDIAN RIVER SHORES IN LINE WITH THE RECOMMENDATIONS OF THE CONSULTANTS. 57 B" 38 PnE 57 e Y� ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY`COMMISSIONER LYONS, THE BOARD UNANIMOUSLY AGREED TO MAKE COPIES OF THE DUAL TAXATION REPORT AVAILABLE TO ALL MUNICIPALITIES. ATTORNEY COLLINS INFORMED THE BOARD THAT IN THE MANATEE COUNTY CASE, THE COURT RULED IN FAVOR OF THE COUNTY, AND THE HIGHLIGHTS OF THE CASE ARE THAT: (1) MUNICIPALITIES ARE NOT ENTITLED TO MONETARY JUDGMENTS; (2) THAT THE COUNTIES HAVE THE RIGHT TO SELECT CERTAIN ALTERNATIVES TO AVOID DUAL TAXATION; (3) THAT DUAL TAXATION APPLIES ONLY.TO AD VALOREM SOURCES, NOT TO OTHER COUNTY SOURCES OF FUNDS; AND (4) IF DUAL TAXATION IS TO APPLY TO OTHER SOURCES; THEN THAT IS A LEGISLATIVE FUNCTION AND NOT A JUDICIAL ONE. CHAIRMAN WODTKE INQUIRED ABOUT THE STATUS OF THE FIRE TRUCK SUIT INSTITUTED BY THE TOWN OF INDIAN RIVER SHORES. ATTORNEY COLLINS EXPLAINED THAT THE TOWN HAS FILED A COMPLAINT AGAINST THE COUNTY, AND WE HAVE FILED APPROPRIATE MOTIONS. HE FELT, HOWEVER, THAT THE TOWN NOW HAS INDICATED THEY WILL WORK TOWARDS THE FIRE DISTRICT, AND THE MATTER IS IN A STATUS OF ABEYANCE AT THIS POINT. ATTORNEY COLLINS DISCUSSED THE 75' SETBACK ON STATE ROAD 60, NOTING THAT THE LAW ONLY ALLOWS THIS TO BE DONE ON A TEMPORARY BASIS, AND IT MUST BE RENEWED YEARLY. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER LYONS, THE BOARD UNANIMOUSLY AUTHORIZED THE ATTORNEY TO ADVERTISE A PUBLIC HEARING IN REGARD TO A 75' SETBACK ON STATE ROAD 60 FROM 43RD AVENUE TO I-95. ATTORNEY COLLINS NEXT DISCUSSED HOLDING A PUBLIC HEARING IN REGARD TO CREATING A MUNICIPAL SERVICE FIRE DISTRICT FOR ALL UNINCORPO— RATED AREAS OF THE COUNTY. HE FELT THIS WAS NEEDED STRICTLY TO PROVIDE FLEXIBILITY IN THE EVENT DISTRICTS SHOULD BE APPROVED FOR SOME AREAS BUT NOT FOR OTHER AREAS. CHAIRMAN WODTKE STRESSED THAT HE WOULD NOT WANT ANYONE TO THINK THAT THIS IS THE ROUTE THE COUNTY WANTS TO GO, BUT UNLESS WE HAVE THIS DISTRICT ON RECORD BY .JANUARY 1ST OF THIS COMING YEAR, WE WON'T BE ABLE TO DO ANYTHING AT BUDGET TIME NEXT YEAR. HE CONTINUED THAT THIS IS MERELY A SAFEGUARD, AND WE HAVE SET UP WATER DISTRICTS THE SAME WAY. 58 x 38 fAar 58 COMMISSIONER LYONS ASKED ABOUT DOING THIS IN PIECES. HE STATED THAT HE UNDERSTANDS THE CONCEPT, BUT FEELS THIS IS A PONDEROUS VEHICLE. ATTORNEY COLLINS QUESTIONED THE.ADVANTAGES OF SETTING THIS UP IN PIECES NOW, AND COMMISSIONER SIEBERT NOTED THAT IF THE NORTH COUNTY DISTRICT PASSED AND THE SOUTH COUNTY DID NOT, WE COULD GO AHEAD WITH ONE AND WORK THE OTHER OUT LATER. ATTORNEY COLLINS STATED THAT YOU CANT SPLIT THE DISTRICT IN HALF, BUT YOU CAN CHOP OFF PIECES. HE EXPLAINED THAT IF, FOR INSTANCE, BOTH DISTRICTS SHOULD PASS, WE COULD THEN DELETE THOSE DISTRICTS FROM THE MAIN DISTRICT, LEAVING THE BALANCE IN THE ORIGINAL OVERALL DISTRICT. HE FELT THAT THIS IS THE BEST VEHICLE IN ORDER TO PROVIDE FLEXIBILITY, AND EMPHASIZED THAT WE CAN ALWAYS REDUCE THE SIZE. ON LOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY GAVE RETROACTIVE AUTHORIZATION FOR THE ATTORNEY TO ADVERTISE A PUBLIC HEARING IN REGARD TO CREATING A MUNICIPAL SERVICES FIRE DISTRICT FOR THE UNINCORPORATED AREA OF THE COUNTY. ATTORNEY COLLIN6 INFORMED THE BOARD THAT THE CITY OF VERO BEACH HAS MADE ONE CHANGE IN THE LEASE OF LAND FOR A PARKING LOT AT THE OLD HOSPITAL COMPLEX AND THAT IS TO RESERVE WATER RIGHTS ON THIS PROPERTY, INCLUDING THE RIGHT TO DRILL WELLS. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER LYONS, THE BOARD UNANIMOUSLY APPROVED THE PARKING LOT LEASE WITH THE CITY OF VERO BEACH AS AMENDED AND AUTHORIZED THE SIGNATURE OF THE CHAIRMAN. nrr e 1978 59 wx PARKING LOT LEASE THIS LEASE made this 6�— day of 1978, by and between the CITY OF VERO BEACH, lessor, a municipal corporation in the county of Indian River and state of Florida, and INDIAN RIVER COUNTY, lessee, in consideration of the sum of $10.00, the receipt of which hereby is acknowledged by lessor, WITNESSETH: That lessor, for and in consideration of the rent herein- above specified, and the covenants and agreements hereinafter contained, by the lessee to be kept and performed, has demised, leased, and let unto said lessee those certain premises in the. City of Vero Beach, county of Indian R.Lver, state of Florida, - described as follows: Lots 8, 9, 10,'11, 12, 13 and 14, Block 6, ORIGINAL TOWN of Vero, according to Plat thereof filed in the office of the Clerk of the Circuit.Court, St. Lucie County, Florida, in Plat Book 2, page 12; said lands now lying and being in the City of Vero Beach, Indian River.County, Florida. To have and to hold unto said lessee on the following terms and conditions: i t 1. Term: The term of this lease shall be fivej(5) years, beginning on the 1st day of October, 1978, and ending on the 30th day of September, 1983, except as otherwise hereinafter provided. 2. Purposes: Said premises shall be used for the following and for no other purpose whatsoever without the written consent of lessor being first had and obtained: A.� The area shall be utilized only as a surface level parking lot to serve motor vehicles for persons employed in governmental business in the county administrative office building (formerly Indian River Memorial Hospital), or visitors to said offices. B. The county shall not allow said area to be utilized for persons employed in or visiting non-governmental lessees in said building, t if any. C. The county shall not place permanent improvements on said land except for use as a surface level parking lot. 3. Taxes: Lessee shall pay any and all taxes levied and as- sessed upon any personal property, buildings, fixtures and im- DEC 0 197 provements belonging to lessee and located upon said demised premises; and all leasehold and possessory interest taxes levied or assessed by any proper taxing authority. 4. Repairs and Maintenance: Lessee represents that lessee has inspected and examined the demised premises and accepts them in their present condition, and agrees that lessor shall not be required to make any improvements or repairs whatsoever in or upon the premises hereby demised or any part thereof; lessee agrees to make any and all improvements and repairs at lessee's sole cost and expense, and agrees to keep said premises safe and in good order and condition at all times during the term hereof, and upon expiration of this lease, or at any sooner termination. thereof, the lessee will quit and surrender possession of said* premises quietly and peaceably and in as good order and condi- tion as the same were at the commencement hereof, reasonable wear, tear and damage by the elements excepted; lessee further agrees to leave said premises free from all nuisance and dangerous and defective conditions. 5. Assignment and Mortgage: Neither the demised premises nor any portion thereof shall be sublet, nor shall this lease, or any interest therein be assigned, hypothecated or mortgaged by lessee, and any attempted assignment, subletting, hypotheca- tion or mortgaging of this lease shall be void ab initio, and shall confer no rights upon any assignee, sublessee, mortgagee or pledgee. 6. Liability: Lessee shall save lessor harmless from any loss, cost or damage that may arise out of or in connection with this lease or the use of demised premises by lessee, or his agents, or employees, or any other person using said premises. 7. Mechanic's Liens: Lessee agrees that at least five (5) days before any construction work, labor or materials are done, used or expended by lessee or on lessee's behalf by any person, firm or corporation or by any contractor, that lessee will post and record, or cause to be posted and recorded, as provided by law, a notice of nonresponsibility on behalf of lessor, giving notice that said lessor is not responsible for any work, labor or -2- D M materials used or expended or to be used or expended on the demised premises. 8. Termination by Lessor: Les'sor may terminate this lease at any time it should be determined by its City Council that public necessity and convenience require it to do so, by serving upon lessee in the manner hereinafter provided, a written notice of its election so to terminate, which said notice shall be served at least 180 days prior to the date in said notice named for such termination. 9. Default: In the event that lessee shall be in default in the performance of any of the terms or conditions herein agreed to be kept and performed by lessee, then in that event, lessor may terminate and end this lease, forthwith, and lessor may enter upon said premises and remove all persons and property therefrom; in the event lessor shall bring a legal action to enforce any of the terms hereof, or to obtain possession of said premises by reason of any default of lessee, or otherwise, lessee agrees to pay lessor all costs of such legal action, including attorney's fees at trial or appellate level. 10. Holding Over: In the event that lessee shall.hold over and remain in possession of the demised premises with the consent of lessor, such holding over shall be deemed to be from month to month only, and upon all of the same terms, covenants and con- ditions as contained herein. 11. Notices: Any notices which are required hereunder, or which either lessor or lessee may desire to serve upon the other, shall be in writing and shall be deemed served when delivered personally, or when deposited in the United States mail, postage prepaid, return receipt requested. 12. Waiver: Waiver by lessor of any default in performance by lessee of any of the terms, covenants, or conditions contained herein, shall not be deemed a continuing waiver of the same or any subsequent default herein. 13. Compliance with Laws: Lessee agrees to comply with all laws, ordinances, rules and regulations which may pertain or apply to the demised premises and the use'thereof. -3- 14. Lessor May Enter: Lessee agrees that lessor, its agents or employees, may enter upon said premises at any time during the term or any extension hereof for the purpose of inspection, digging test holes, making surveys, taking measurements, and doing similar work necessary for the preparation of plans for construction of buildings or improvements on said premises, with the understanding that said work will be performed in such a manner as to cause a minimum of.interference with the use of the property by lessee. 15. Successors in Interest: All of the terms, covenants and conditions contained herein shall continue, and bind Fall successors in interest of lessee herein. 16. This lease shall automatically terminate if and when lessee transfers title to the county administrative office build- ing to another entity. 17. Lessee shall not charge any fees for parking on the subject premises. 18. Lessor reserves all water rights to the subject property, including the right to drill wells thereon. .I Signed, sealed and delivered in the presence of: CITY OF VERO BEACR,•FLORIDA By C Mayor Attest: - L-- ^ --- - Approved as to Form: ` City Attorney - 4 - STATE OF FLORIDA COUNTY OF INDIAN RIVER I HEREBY CERTIFY that on this day of 1978, before me personally appeared and CARYL R. STEVENS, the Mayor an City Clerk, respective y, of the City of Vero Beach, a municipal corporation under the laws of the State of Florida, to me known to be the individuals and officers described in and who executed the foregoing lease, and severally acknowledged the execution thereof to be their free act and deed as such officers thereunto duly authorized; and that the official seal of said corporation is duly affixed thereto and the said lease is the act and deed of said corporation. WITNESS my -signature and official seal at Vero Beach, county and state aforesaid, the day and year above written. ATTEST: Notary Public, State of Flo—r—Ma at Large. My Commission expires: 4 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By, ' By /'1 Y41m- �deaaWright U Carman Clerk Appro ed as to form: unty t ey ' t t STATE OF FLORIDA COUNTY OF INDIAN RIVER I HEREBY•CERTIFY, that on this w day of , 1978 before me personally appeared &.4-P LIZ and FREDA WRIGHT, the Chairman of the Boar& of County-C-oiN.Lssioners of Indian River County, Florida and Clerk to the Board, to me well known, and known to me to be the individuals described in and who executed the foregoing instrument. WITNESS my hand and official seal, this day.of 1978. . A644�� otary VAblic State oV Florida at Large. My Commission expires: NOTARY RXIC STATE OF FLORIDA AT LARGE MY COMMISSION EXPIRES 1ULy 8 1982 EONDED THRO GEWRAI INS. UNDEMITERS -5-- THE BOARD THEREUPON RECESSED FOR LUNCH AT 12:00 O'CLOCK AND RECONVENED AT 1:40 O'CLOCK P.M. WITH THE SAME MEMBERS PRESENT. CHAIRMAN WODTKE NOTED THAT THREE LETTERS HAVE BEEN RECEIVED IN REGARD TO TRAFFIC PROBLEMS AT VARIOUS.LOCATIONS IN THE COUNTY AND SHOULD BE ANSWERED. ADMINISTRATOR JENNINGS SUGGESTED THAT THE REQUEST FOR A TRAFFIC LIGHT AT KINGS HIGHWAY AND STATE ROAD 60 BE REFERRED TO THE DEPARTMENT OF TRANSPORTATION FOR AN UPDATE OF THEIR STUDY OF THIS LOCATION. HE NOTED THAT THE VERA CRUZ CONDOMINIUM ASSOCIATION HAS REQUESTED PERMISSION TO PRINT STOP IN LARGE LETTERS ON THEIR DRIVEWAY, WHICH THEY CAN.DO. THEY HAVE ALSO REQUESTED A STOP SIGN TO WARN PEOPLE BEFORE PULLING ONTO AIA AND WOULD LIKE TO HAVE SOME "NO PASSING" SIGNS INSTALLED ON AIA BOTH SOUTH AND NORTH OF VERA CRUZ. THE ADMINISTRATOR FELT THE STOP SIGN COULD BE SUPPLIED, IF ONE IS AVAILABLE, BUT THAT THE SIGNS ON AlA WOULD HAVE TO BE REFERRED TO THE DOT AS THIS IS A PRIMARY ROAD. ADMINISTRATOR JENNINGS STATED THAT THE REQUEST FROM THE DRAKE MOTEL FOR A PEDESTRIAN TRAFFIC CONTROL SYSTEM AT THE INTERSECTION OF U.S. I AND 20TH STREET ALSO WOULD HAVE TO BE REFERRED TO THE DOT, BUT HE FELT IT WAS QUESTIONABLE THAT THIS WOULD BE APPROVED. COMMISSIONER SIEBERT AGREED THAT THE INTERSECTION OF KINGS HIGHWAY AND ROUTE 60 IS EXTREMELY. DANGEROUS AND SOMETHING SHOULD BE DONE. DISCUSSION FOLLOWED ON THE POSSIBILITY OF LOWERING THE SPEED ' LIMIT ON S.R. 60 AT THE APPROACH TO KINGS HIGHWAY OR POSSIBLY INSTALLING RUMBLE STRIPS ON KINGS HIGHWAY. ADMINISTRATOR JENNINGS NOTED -THAT THIS IS A SECONDARY ROAD AND THE COUNTY COULD INSTALL RUMBLE STRIPS. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE. BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO HAVE RUMBLE STRIPS INSTALLED ON KINGS HIGHWAY AT THE -APPROACH TO S.R. 60 AND TO REPLY TO THE LETTERS AS DISCUSSED ABOVE. CHAIRMAN WODTKE NOTED THAT THE CITY OF SEBASTIAN IS CONSIDERING ANNEXATION OF A 40 ACRE PIECE OF PROPERTY OWNED BY -HENRY A. FISCHER AND WOULD LIKE A.RESPONSE FROM THE COUNTY. ATTORNEY COLLINS STATED THAT HE WOULD LIKE TO RESEARCH THIS A LITTLE MORE AS HE DID NOT FEEL THEY WERE FOLLOWING THE STATUTORY 65 DEC 6 1978 38 fttf 65 1 11 e PROCESSES, AND HE DID NOT FEEL THAT IT IS CRITICAL THAT THE COUNTY DO ANYTHING AT THIS TIME. THE CHAIRMAN REQUESTED THAT THE ATTORNEY HELP HIM WITH A LETTER RESPONDING TO THE CITY OF SEBASTIAN. CHAIRMAN WODTKE THEN DISCUSSED LETTERS RECEIVED FROM THE ROSELAND PROPERTY OWNERS ASSOCIATION ASKING FOR RECONSIDERATION OF THE CHANGE IN THE VASTER LAND USE PLAN IN THE WORTH INDIAN RIVER COUNTY AREA. HE ASKED IF THE BOARD WISHES TO REHEAR THIS MATTER. IN DISCUSSION, IT WAS NOTED THAT IT WILL BE NECESSARY TO HAVE REHEARINGS ON THE MASTER PLAN IN THE SPRING IN ANY EVENT. ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT IT IS NECESSARY TO FILE A MAINTENANCE MAP FOR 49TH STREET FOR RIGHT—OF—WAY PURPOSES. THE COUNTY HAS MAINTAINED THIS ROAD FOR MANY YEARS. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED FILING OF A MAINTENANCE MAP FOR 49TH STREET (LINDSEY ROAD). ASSISTANT ADMINISTRATOR nEIL NELSON REVIEWED A PROPOSED CONTRACT RECEIVED FROM SIGNAL CONSTRUCTION CO. REGARDING TRAFFIC CONTROL MAINTE— NANCE. HE STATED THAT ON PAGE 2 THEY WOULD SUGGEST CHANGING COUNTY ENGINEER TO READ COUNTY ADMINISTRATOR. THE CONTRACT RENEWAL DATE SHOULD BE OCTOBER IST AND THE EXPIRATION DATE WOULD BE SEPTEMBER 30, 1980. HE THEN NOTED THAT THE EXPENSE OF A PERFORMANCE BOND WOULD HAVE TO BE BORNE BY THE COUNTY UNDER THIS CONTRACT AND SUGGESTED THAT PROVISION BE STRICKEN. ATTORNEY COLLINS NOTED THAT THE THEORY IS IF THE COUNTY WANTS TO REQUIRE A PERFORMANCE BOND, IT IS AN EXTRA EXPENSE TO THE CONTRACTOR, AND, THEREFORE, IF THE COUNTY DESIRES THE BOND, THEY HAVE TO PAY FOR IT. HE DID NOT FIND THIS AN ABNORMAL PROVISION. MR. NELSON FURTHER NOTED THAT ENGINEER SHOULD BE CHANGED TO ADMINISTRATOR IN PARAGRAPH 5 ON PAGE 9. HE.INFORMED THE.BOARD THAT MARTIN COUNTY PAYS $905 PER MONTH FOR THIS SERVICE AS COMPARED TO $950 PER -MONTH FOR US, BUT NOTED.THAT, EVEN THOUGH THEY HAVE.MORE INTER— SECTIONS, THEY ARE THE HEADQUARTERS FOR SIGNAL CONSTRUCTION CO. MR. NELSON STATED THAT ST. LUCIE'S COST IS THE SAME AS OURS. HE SUGGESTED X. r J u e y� THAT THE WORDING BE CHANGED AS DISCUSSED AND THAT THE ATTORNEY WRITE THEM TO PREPARE A CONTRACT INCORPORATING THESE CHANGES. ADMINISTRATOR JENNINGS NOTED THAT THE COUNTY IS GROWING AND WE ARE PUTTING UP NEW LIGHTS ALL THE TIME, AND HE DEFINITELY FEELS WE HAVE OUTGROWN THE PREVIOUS SYSTEM OF MAINTENANCE. COMMISSIONER LOY NOTED THAT ON THE LAST PAGE "4 - 8" ACTUATED CONTROLLERS SHOULD BE CHANGED TO "5 - H." SHE ASKED WHAT "PRE-EMPTION" MEANS AT $10.00 PER MONTH. THE ASSISTANT ADMINISTRATOR STATED THAT HE WILL CHECK THIS OUT. MOTION WAS MADE BY COMMISSIONER SIEBERT, SECONDED BY COMMIS- SIONER OMMISSIONER DEESON, TO APPROVE A CONTRACT WITH SIGNAL CONSTRUCTION -CO., INC., FOR TRAFFIC CONTROL MAINTENANCE SUBJECT TO APPROVAL OF THE ATTORNEY AND AUTHORIZE THE SIGNATURE OF THE CHAIRMAN. COMMISSIONER LYONS DISCUSSED RESPONSE TIME, AND IT WAS NOTED THAT A SIX HOUR RESPONSE HAD BEEN DECIDED UPON. HE THEN WISHED TO KNOW IF $300,000 IS ADEQUATE LIABILITY PROTECTION. ATTORNEY COLLINS NOTED THAT THE COUNTY HAS ITS OWN LIABILITY COVERAGE ON EACH OF ITS SIGNALS AND THIS PROVISION RELATES TO COVERAGE FOR THE CONTRACTOR. HE PERSONALLY DID NOT FEEL IT IS ENOUGH AND FELT THAT AN UMBRELLA UP TO ONE MILLION WOULD NOT BE TOO EXPENSIVE. THE ATTORNEY FELT FROM THE STANDPOINT OF BEING JOINTLY SUED, THE FELLOW CONTRACT HOLDER SHOULD HAVE AS MUCH COVERAGE AS THE COUNTY. CHAIRMAN WODTKE SUGGESTED THAT MR. NELSON CHECK TO SEE WHAT COVERAGE SIGNAL CONSTRUCTION HAS IN OTHER COUNTIES AND INFORM THEM OF THE BOARDS CONCERN. COMMISSIONER LOY DISCUSSED THE REFERENCE TO INVENTORY ITEMS IN PARAGRAPH 5 ON PAGE 9, AND ATTORNEY COLLINS FELT THAT PROVISION SHOULD APPLY ONLY TO SPECIALTY ITEMS THAT ARE UNIQUE TO OUR COUNTY. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AN CARRIED UNANIMOUSLY. COMMUNITY DEVELOPMENT DIRECTOR REGAN CAME BEFORE THE BOARD REQUESTING APPROVAL FOR CONTINUATION OF REHABILITATION ACTIVITIES BY UTILIZING OUR ON-GOING PROGRAM AND USING THE FLORIDA FARMWORKERS COUNCIL STAFF. HE NOTED THAT THE BOARD AT THE LAST MEETING SUGGESTED HE PURSUE Im Bwx 38 FACE 67 A CONTRACT METHOD TO ACCOMPLISH THIS, AND HE HAS BEEN ABLE TO MAKE A CONTRACT ARRANGEMENT WITH THE FLORIDA FARMWORKERS COUNCIL TO CONTINUE SUPERVISION FOR THE PROGRAM. MR. REGAN STATED THAT TOTAL EXPENDITURE WILL BE ABOUT $7,000 FOR THE WORK TO BE PERFORMED BY THE FFC STAFF. COMMISSIONER LOY NOTED THAT ACTUALLY THIS IS AN OUT AND OUT CONTRACT WITH THE FARMWORKERS COUNCIL, AND WE WILL PAY THE BILL. MR. REGAN INFORMED THE BOARD THAT THIS WOULD BE A DIRECT PAYMENT TO FFC AFTER THEY BILL US FOR EXPENSES. ATTORNEY COLLINS ASKED IF THEY ARE A GOVERNMENTAL AGENCY, AND MR. REGAN STATED HE FELT THEY ARE A QUASI—GOVERNMENTAL AGENCY, THE SAME AS THE ECONOMIC OPPORTUNITIES COUNCIL. CHAIRMAN WODTKE STRESSED THAT WE ARE NOT PAYING SOMEONE A SALARY BUT ARE CONTRACTING FOR A SERVICE BECAUSE HE DID NOT WANT IT TO APPEAR THAT THE FLORIDA FARMWORKERS STAFF ARE COUNTY EMPLOYEES WITH FRINGE BENEFITS. DISCUSSION FOLLOWED IN REGARD TO THE AMOUNT OF MONEY THE FARMWORKERS COUNCIL CAN PROVIDE FOR EACH REHABILITATION PROJECT, AND MR. REGAN STATED THAT COMMUNITY DEVELOPMENT HAS BEEN PROVIDING $750 FOR MATERIALS FOR EACH PROJECT AND THE FFC, $250. HE EXPLAINED THAT THIS TIME INSTEAD OF HAVING CETA WORKERS, WHO ARE NOT AVAILABLE, COMMUNITY DEVELOPMENT FUNDS WILL BE USED TO PAY THE WORKERS, BUT THIS IS ONLY FOR ABOUT SIX WEEKS.: COMMISSIONER LOY NOTED THAT THE WORKERS ARE ACTUALLY EMPLOYED ' BY THE FARMWORKERS COUNCIL, AND ATTORNEY COLLINS FELT THAT MR. REGAN'S LETTER MAKES IT CLEAR THAT THEY ARE NOT COUNTY EMPLOYEES. COMMUNITY DEVELOPMENT DIRECTOR REGAN REQUESTED THAT THE BOARD RATIFY THE STEPS HE HAS TAKEN IN ORDER TO COMPLETE THE REHABILITATION PROJECT, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER y� LOY, THE BOARD UNANIMOUSLY APPROVED THE CONTINUATION OF -REHABILITATION ACTIVITIES IN COMPLIANCE WITH LETTER DATED NOVEMBER 20,.1978, WRITTEN TO THE FLORIDA FARMWORKERS COUNCIL, WHICH LETTER IS HEREBY MADE A PART -OF -THE MINUTES. . 0 ow 38 mu 68. BOARD OF COUNTY COMMISSIONERS WILLIAM C. WODTKE. JR., Chairman 9. � , • ' • .�, ALMA LEE LOY, Vice Chairman WILLARD W. SIEBERT. JR. EDWIN S. SCHMUCKER R. DON DEESON JACK G. JENNINGS, Administrator 2145 14th Avenue Verp Beach, Florida 32960 November•20, 1978 Mr. Eugene Gillis Assistant Director Florida. Farmworkers Council 1975 E. Sunrise Boulevard. Suite 850 Ft. Lauderdale, Florida 3330 Dear Mr. Gillis: This is to confirm our conversation at the Florida Farmworkers Council offices here in Indian River County on Friday, November 17; 1973. The Community Development Department of the county had been working with the local FFC coordinating the weatherization program with necessary rehabilitation activities. The Community Development Advisory Committee has been particularly concerned about assisting where the health and safety of the occupants of a residence may be endangered by lack of activity. We understand that the current interpretation of the CETA regu- lations precludes the re-employment of staff members who have not been unemployed for 15 weeks. Naturally you will be re -staffing in order to go on with your program but there will most probably be down time in the training and orientation of personnel. The Community Development Advisory Board has approved 9 previous cases, 3 of which were in progress at the time of the suspension of CETA funds. The Committee has recommended 5 or more cases. The Community Development Program must move forward expeditiously. in *order to meet its time schedule, therefore, we respectfully request you* to employ the personnel for the purpose of weatheri- zation and rehabilitation of residences specifically assigned by the Director.of Community Development. 1. Resource Developer Weekly Salary $192.30 2. Carpenter Weekly Salary $192.30 3. Weatherization Evaluator Weekly Salary $180.00 4. Carpenter's Assistant Weekly Salary $156.25 • �7 G38 CAN { BOARD OF COUNTY COMMISSIONERS WILLIAM C. WODTKE. JR., Chairman 9. � , • ' • .�, ALMA LEE LOY, Vice Chairman WILLARD W. SIEBERT. JR. EDWIN S. SCHMUCKER R. DON DEESON JACK G. JENNINGS, Administrator 2145 14th Avenue Verp Beach, Florida 32960 November•20, 1978 Mr. Eugene Gillis Assistant Director Florida. Farmworkers Council 1975 E. Sunrise Boulevard. Suite 850 Ft. Lauderdale, Florida 3330 Dear Mr. Gillis: This is to confirm our conversation at the Florida Farmworkers Council offices here in Indian River County on Friday, November 17; 1973. The Community Development Department of the county had been working with the local FFC coordinating the weatherization program with necessary rehabilitation activities. The Community Development Advisory Committee has been particularly concerned about assisting where the health and safety of the occupants of a residence may be endangered by lack of activity. We understand that the current interpretation of the CETA regu- lations precludes the re-employment of staff members who have not been unemployed for 15 weeks. Naturally you will be re -staffing in order to go on with your program but there will most probably be down time in the training and orientation of personnel. The Community Development Advisory Board has approved 9 previous cases, 3 of which were in progress at the time of the suspension of CETA funds. The Committee has recommended 5 or more cases. The Community Development Program must move forward expeditiously. in *order to meet its time schedule, therefore, we respectfully request you* to employ the personnel for the purpose of weatheri- zation and rehabilitation of residences specifically assigned by the Director.of Community Development. 1. Resource Developer Weekly Salary $192.30 2. Carpenter Weekly Salary $192.30 3. Weatherization Evaluator Weekly Salary $180.00 4. Carpenter's Assistant Weekly Salary $156.25 • �7 G38 CAN 1• f 1 9 Mr. Eugene Gillis November 20, 1978 - Page 2_� Our program was coordinated through your Resource Developer, f Noel Wheaton, and it would contribute substantially to the continuity of the effort if he were employed in that position. ` We suggest that Mr. Wheaton in his role of Supervisor recommend the individuals for the other job functions preferably from workers who had been previously employed by the FFC on these activitities. J understand that the FFC will provide supervision of the program, pay salaries and provide for compliance with t Federal requirements relative to fringe benefits. We agree to reimburse your organization for th'e actual dollars expended on a bi-weekly basis. Kindly bill the Board of .County Commission Community Block Grant. This program is proposed to continue i through 6 weeks commencing at the earliest.possible date. It shall proceed in 2 phases, the first being 3 weeks and the second phase of 3 weeks subject to Board of County Commission approval. I We will confirm the second phase in.writing on or before December 8, 1978. Transmitted herewith is the original and one copy of this letter. If it meets the approval of the FFC retain one and return an executed copy to me for our files. Sincerely, Edward J. Re Community Development Block Grant Director �. EJR: mw APPRO % ' Autho ized FFC Representative DEC 6 i97� FARE 70. COMMUNITY DEVELOPMENT DIRECTOR REGAN PRESENTED THE BOARD AND THE ATTORNEY WITH A PACKET OF INFORMATION TO REVIEW IN REGARD TO THE ANNUAL CONTRIBUTIONS CONTRACT FOR SECTION 8 HOUSING ASSISTANCE. HE REQUESTED THAT THE BOARD BE PREPARED TO TAKE ACTION ON THIS AT THE NEXT REGULAR MEETING SO THAT IT CAN BE FORWARDED ON TO HUD FOR APPROVAL. MR. REGAN NOTED THAT WE HAVE BEEN AT A DISADVANTAGE IN THE PAST IN SEEKING COMMUNITY DEVELOPMENT FUNDS BECAUSE WE HAD THE LEAST AVAILABILITY OF LOW INCOME HOUSING; HE, THEREFORE, FELT THE SECTION 8 HOUSING ASSIS— TANCE PROGRAM WILL ASSIST IN OUR COMMUNITY DEVELOPMENT APPLICATION, WHICH IS DUE TO GO OUT ON .JANUARY 15, 1979. DISCUSSION FOLLOWED, AND IT WAS DECIDED TO PLACE THIS MATTER ON THE AGENDA OF THE MEETING OF DECEMBER 20, 1978. MR. REGAN NEXT REPORTED ON THE HUD MEETING HE AND PLANNING DIRECTOR REDICK ATTENDED IN .JACKSONVILLE PERTAINING TO THE PRE—APPLICA— TION FOR FY 79 SMALL CITIES DISCRETIONARY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. HE NOTED THAT THEY HAD ANTICIPATED A CHANGE IN FEDERAL REGULATIONS BUT THE MARCH 1, 1978 REGULATIONS ARE STILL IN EFFECT, AND THEY LEAN TOWARDS WORKING IN A GIVEN AREA WHERE THERE WOULD BE A HIGHER DEGREE OF VISIBILITY. MR. REGAN NOTED THAT OUR LAST PRE—APPLICATION. WAS NOT APPROVED, ALONG WITH 14 OTHER COUNTIES WHO SUBMITTED FOR SINGLE PURPOSE PROGRAMS. HE CONTINUED THAT WE DID NOT GO FOR A COMPRE— HENSIVE PROGRAM, EVEN THOUGH THE CONSULTANTS ADVISED IT, BECAUSE THE ADVISORY COMMITTEE, WHICH IS MADE UP OF REPRESENTATIVES FROM GIFFORD, ' WABASSO AND OSLO, DID NOT WISH TO CONCENTRATE ON ONE AREA. MR. REGAN Is STATED THAT THERE IS THREE MILLION DOLLARS AVAILABLE THIS YEAR UNDER COMPREHENSIVE GRANTS; THE RULES ARE EVEN MORE STRINGENT; AND IT WOULD BE PRUDENT TO APPLY FOR A COMPREHENSIVE GRANT. MR. REGAN FELT THAT HE AND MR. REDICK COULD USE THEIR COMBINED EXPERTISE TO PUT TOGETHER A PRE—APPLICATION INSTEAD OF USING CONSULTANTS. `i MR. REDICK INFORMED THE BOARD THAT THE ONE THING [IUD IS GOING TO DEMAND IS A LOT OF REHABILITATION, AND THIS CAN BE PART OF A COMPRE— HENSIVE PROGRAM. IN ADDITION, THE AREA HAS TO BE CONCENTRATED AND VISIBLE. HE DISCUSSED THE NUMBER OF POINTS NECESSARY TO (QUALIFY FOR FUNDING, POINTING OUT THAT THERE ARE MANY AREAS IN WHICH WE HAVE NO CONTROL OVER THE POINTS, SUCH AS THE TOTAL AMOUNT OF SUBSTANDARD UNITS 71 W 3oPACE M IN THE AREA, SO WE ACTUALLY HAVE TO DESIGN THE PROGRAM TO FIT THE POINT SCORES OF HUD RATHER THAN THE DESIRES OF THE PEOPLE OF THE VARIOUS AREAS. HE ASKED IF THIS IS THE ROUTE THE BOARD WISHES TO PURSUE, SHOULD WE LOOK FOR DIRECTION FROM THE CITIZENS OR SHOULD WE GIVE THEM DIRECTION? HE STATED THAT HE DID NOT MEAN TO IMPLY THAT WE WOULD NOT WORK WITH THE PEOPLE IN THE AREA, BUT JUST MEANT THAT WE WOULD DESIGN THE PROGRAM AND THEN SHOW THEM HOW IT WOULD BE WORKED IN ORDER TO GET FUNDED. CHAIRMAN WODTKE ASKED WHAT AFFECT IT MIGHT HAVE ON FUTURE YEARS IF WE DIDNIT MAKE AN APPLICATION THIS YEAR. MR. REGAN AND MR. REDICK FELT THAT WOULD BE HARD TO ANSWER, BUT POINTED OUT THAT WE ARE ONLY FILING THE PRE-APPLICATiON AT THIS STAGE AND ARE NOT PUTTING IN A LOT OF TIME. MR. REDICK FURTHER COMMENTED THAT HUD DOES LOOK AT HOW YOU ARE PERFORMING AND WHAT YOU HAVE ACCOMPLISHED, AND THAT HAS A LOT TO DO WITH BEING FUNDED THE NEXT TIME. HE CONTINUED THAT HE DID NOT INTEND TO IMPLY THAT THEY COULD NOT PUT TOGETHER A MEANINGFUL PROJECT. MR. REDICK INFORMED THE BOARD THAT THEIR CONCEPT RIGHT NOW IS A COMPREHENSIVE PROGRAM FOR .AN S TO lO BLOCK AREA IN GIFFORD WHICH HAS ABOUT 75 HOMES. IT WOULD PROPOSE TO REHABILITATE ABOUT 4O OF THE HOMES, AS WELL AS SOME EXTENSION OF WATER, DRAINAGE WORK, AND STREET PAVING. HE FELT WE COULD GET FUNDED FOR SUCH A PROJECT. MR. REGAN AGREED AND NOTED THAT THIS AREA, WHICH IS THE OLD ' GEOFFREY'S SUBDIVISION ON.THE RIGHT SIDE OF U. S. 1, IS A VERY VISIBLE AREA AND THE PROGRAM WOULD HAVE AN IMPACT ON GENERALLY IMPROVING THE WHOLE AREA. HE NOTED THAT THEY HAVE BEEN PUTTING, STREETS IN HERE UNDER THE THIRD YEAR GRANT. COMMISSIONER SIEBERT FELT THE BEST DIRECTION THE BOARD CAN GIVE IS THAT THEY MAKE THEIR RECOMMENDATION TO THE ADVISORY COMMITTEE ON THE BEST POSSIBLE WAY TO GET THE FUNDING. CHAIRMAN WODTKE AGREED, AND NOTED THAT THE BOARD HAS THE ULTIMATE RESPONSIBILITY OF MAKING THE DECISION, HE ANNOUNCED THAT COMMISSIONER LYONS WILL BE THE NEW CHAIRMAN OF THE COMMUNITY DEVELOPMENT ADVISORY COMMITTEE. IV DEC 197 u PLANNING DIRECTOR-REDICK REQUESTED.THAT A DATE BE SCHEDULED FORA PUBLIC HEARING ON A D.R.I. FOR FLORIDA POWER AND LIGHT IN REGARD TO SOME POWER LINES IN THE WEST OF THE COUNTY. ON MOTION BY COMMISSIONER SIEBERT;SECONDED BY COMMISSIONER Loy, THE BOARD -UNANIMOUSLY AUTHORIZED THE PLANNING DIRECTOR TO ADVERTISE A PUBLIC HEARING FOR THE FLORIDA POWER AND LIGHT D.R.I. FOR 11:09 O'CLOCK A.M. ON FEBRUARY .21.*- 1979. COMMISSIONER SIEBERT RECOMMENDED THAT THE NORTH COUNTY FIRE STUDY COMMITTEE BE COMPOSED OF HIMSELF AND COMMISSIONER DEESON REPRESENTING THE COUNTY; MAYOR.FLOODJ COUNCILMAN --HOOSE AND LEROY'PARK, OF THE SEBASTIAN VOLUNTEER FIRE DEPARTMENT, -REPRESENTING THE CITY OF SEBASTIAN; AND COUNCILMAN HAROLD WHITAKER AND EARL" WITHERBY OF THE FELLSMERE VOLUNTEER FIRE DEPARTMENT; REPRESENTING lHE CITY OF FELLSMERE. ON MOTION'BY COMMISSIONER Loy,'SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY ADOPTED. RESOLUTION °I0. 78-99, APPOINTING MEMBERS TO THE NORTH COUNTY FIRE STUDY COMMITTEE AS RECOMMENDED BY COMMISSIONER SIEBERT. DEC 6 1978 73 I Il i RESOLUTION NO. 78-90 WHEREAS, Indian River County and the Municipalities within the County are desirous of providing County -Wide fire protection on a long term basis; and WHEREAS, the following Committee Members have tentatively been appointed to the North. County Fire Study Committee: WILLARD W. SIEBERT, JR. R. DON DEESON PAT FLOOD CLIFFORD A. HOOSE LEROY T. PARKHURST HAROLD A. WHITAKER EARL E. WITHERBY GROVER A. PLETCHER and WHEREAS, PAT FLOOD and R. DON DEESON have been elected. the Chairman and Vice Chairman, respectively, by the Committee Members; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, That the above named Committee Members and their elected Chairman and Vice Chairman are hereby appointed to serve on the North County Fire Study Committee and the elections above referred are approved. Said Resolution .shall become effective as of the 6th day of December , 1978. Attest: Freda Wright, Clok BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORI By: William C. Wodt e, Jr Chairman 38 pa 9 r COMMISSIONER $IEBERT, WHO IS CHAIRMAN OF THE HOUSING STUDY COMMITTEE, COMMENTED THAT A NUMBER OF PEOPLE HAVE ASKED THAT THE BOARD POSTPONE ANY DECISION ON ESTABLISHMENT OF A HOUSING AUTHORITY UNTIL REPRESENTATIVES OF THE ST. LUCIE COUNTY HOUSING AUTHORITY•CAN APPEAR BEFORE THE TAXPAYERS ASSOCIATION, AND HE DID NOT FEEL A FEW WEEKS MORE WOULD MAKE MUCH DIFFERENCE. HE CONTINUED THAT HE HAS HEARD A LOT OF ,_nii NOISA.,,AND'WOULD REQUEST 14AT THOSE IN OPPOSITION PRESENT THE BOARD WITH SOME ALTERNATIVE RECOMMENDATIONS. HE SUGGESTED THAT THIS MATTER BE SCHEDULED FOR THE SECOND MEETING IN .JANUARY, 1979. COMMISSIONER LOY AGREED THAT THE BOARD NEEDS MORE TIME TO INVESTIGATE, AND CHAIRMAN WODTKE NOTED THAT THIS IS A VERY IMPORTANT ISSUE; WE DO HAVE TO MAKE A DECISION RE PROVIDING LOW INCOME HOUSING; AND MUST TAKE TIME TO FIND THE BEST WAY. COMMISSIONER $IEBERT THEN DISCUSSED THE FLORIDA HOUSING FINANCE AUTHORITY ACT WHICH PROVIDES FOR A HOUSING FINANCE AUTHORITY. HE STATED THAT HE AND MR. THOMAS HAVE TALKED WITH GEORGE BLAND OF HOUGH A COMPANY, WHO EXPLAINED THAT THE HOUSING FINANCE AUTHORITY CAN FLOAT TAX FREE BONDS, WHICH, IN EFFECT, BRINGS DOWN THE INTEREST RATES FOR A CONVENTIONAL LOAN. THIS IS ADMINISTERED ENTIRELY THROUGH LOCAL FINANCIAL INSTITUTIONS, AND HOUGH & COMPANY WOULD COME IN AND GO TO THE LOCAL FINANCING'INSTITUTIONS TO DETERMINE WHETHER THEY ARE INTERESTED. HE CONTINUED THAT MR. BLAND INFORMED HIM THAT SOMEONE WOULD HAVE TO EARN AT LEAST $15,000 A YEAR BEFORE THEY COULD COME CLOSE TO QUALIFYING UNDER THIS PROGRAM, AND HE, THEREFORE, DID NOT FEEL IT WOULD BE OF ANY ASSIS- TANCE TO THOSE NEEDING LOW INCOME HOUSING. INTERGOVERNMENTAL COORDINATOR THOMAS NOTED THAT THIS WOULD BE A NON -LIABILITY SITUATION FOR THE COUNTY, AND IT IS A WELL THOUGHT OUT WAY OF REDUCING INTEREST RATES. COMMISSIONER LOY ASKED IF THEY PERFORM THIS SERVICE ALSO FOR LOW, MODERATE AND MIDDLE INCOME HOUSING. COMMISSIONER $IEBERT POINTED OUT THAT THE INCOME STILL HAS TO BE AT A LEVEL TO SUPPORT A MORTGAGE PAYMENT AT A SLIGHTLY REDUCED INTEREST RATE, AND HE FELT THIS IS JUST ANOTHER TOOL THAT NEEDS INVESTIGATION. ATTORNEY COLLINS COMMENTED THAT WE WOULD HAVE MORE CONTROL OVER THIS PROGRAM THAN THE HOUSING AUTHORITY. HE FURTHER NOTED THAT HE HAS RECEIVED A SIMILAR OFFER FROM ANOTHER BONDING HOUSE. MR 86 -OK 38 PAGE 75 COMMISSIONER Loy STATED THAT SHE RECEIVED THE SAME PROPOSAL FROM A THIRD BONDING COMPANY. MORE DISCUSSION FOLLOWED REGARDING ALTERNATIVES FOR SUPPLYING HOUSING. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER LOY, THE BOARD UNANIMOUSLY AGREED TO DEFER CONSIDERATION OF THE HOUSING AUTHORITY AND THE OTHER THREE BONDING PROGRAMS UNTIL THE FIRST MEETING IN .JANUARY. ENGINEER RALPH ENG CAME BEFORE THE BOARD TO REVIEW THE BIDS RECEIVED ON PHASE II OF THE GIFFORD WATER SYSTEM EXTENSION, HE NOTED THAT THERE WAS AN ERROR IN TRANSPOSITION.OF FIGURES IN CHAPMAN'S BID ON THE ALTERNATE AND GAVE THE BOARD THE CORRECTED FIGURES. HE. EXPLAINED THAT THE ONLY DIFFERENCE BETWEEN THE BASE BID AND THE ALTERNATE BID WAS THAT THE ALTERNATE BID ALLOWED THE USE OF SOME PVC PIPE. HE NOTED THERE IS ONLY A DIFFERENCE OF $16,000 BETWEEN THE BASE BID AND THE ALTERNATE BID, AND THEY, THEREFORE, WOULD RECOMMEND THE BASE BID BE ACCEPTED AS IT WOULD BE BETTER TO HAVE THE DUCTED IRON PIPE ALONG, THE MAJOR HIGHWAY. ENGINEER ENG THEN REVIEWED THE PROJECT COST STATUS FOR PHASES I AND II OF THE GIFFORD WATER SYSTEM EXTENSION AND PRESENTED THE BOARD WITH THE FOLLOWING.REPORT: PROJECT COST STATUS THROUGH DECEMBER 6, 1978, FOR PHASES I AND II - GIFFORD AREA AND INDIAN RIVER COUNTY WATER SYSTEM December 6, 1978 I. Cost Through Decembei 6, 1978 Approximate Budget Items Cost Allocation Remarks 1. Phase I - Pump Station and Elevated Tank $538,302 $ 670,000 Ahead - $131,698 2. UDU Purchase 75,000 75,000 No Change 3. Phase II - Construction A. Renovate Existing Water System. 87,164(1) 34,800 Behind ($52,364) B. Sewage Pump & Transmission(2) — 210,000 Available C. Renovation Existing Sewage System(2) -- 19,100 Available D. Water Distribution System(2) Extension -- 128,500 Available 4. Contingencies -- 51,500 Available 5. Technical Services 50,826 51,800 Ahead - $974 6. Legal and Administrative 10,200 10,200 No Change 7. Interest During Construction 19,100 19,100 No Change Total $780,592 76 $1,270,000 -- BOK 'AGE 176 DEC I s: 77 DEC 1978 Boa 38 PnE `77 r$ (1) Include Change Order'Nos. 1 and 2 and Leakage Survey. (2) No Construction Started to Date. (3) Includes South Gifford Area and Extra Meters. II. Summary of Total Estimated Cost to Complete A. Water System Extension(3) 1. Construction $307,554 a. Extra Water Meters 60,000 b. Contingency 27,000 $394,554 2. Engineering, Legal/Administrative, Interest 78,000 Total $472,554 B. Sewage System Renovation Total 250,600 i Total Estimated Cost to Complete $723,154 i III. Project Summary A. Funds Available 1. FmHA, EDA $1,270,000 2. Additional FmHA 553,600 f Total $1,823,600 T 3 B. Total Cost 1. To December 6, 1978 $ 780,592 2. To Complete 723,1564' Total 1,503,7 Total Funds for Contingency $ 319,80A' , NOTE: Funds Available from FmPA/EDA (Original) for Water System Extension and Sewer System Renovation to date: 1. Funds Available FmHA/IDA $1,270,000- 1,270,0002, 2,Cost to December 6, 1978 780,592 ;1 Total Available To Date $ 489,408 I s: 77 DEC 1978 Boa 38 PnE `77 MR. ENG NOTED THAT PINEVIEW PARK WAS NOT INCLUDED THE LAST TIME, AND THEY PROJECT IT WILL COST APPROXIMATELY $57,000. HE THEN k WENT ON TO DISCUSS THE COSTS IN DIFFERENT AREAS AND THE CUSTOMERS THEY ANTICIPATE WILL BE PICKED UP IN THE VARIOUS AREAS. MR. ENG THEN ASKED THAT MR. HOBERG OF THE FHA PRESENT HIS LOAN AND GRANT OFFER SO THAT THE BOARD COULD HAVE THE TOTAL PICTURE. MR. HOBERG INTRODUCED CHARLES HUDNELL, DISTRICT DIRECTOR FOR THE FHA, AND DOROTHY 0'NEILL, HIS ASSISTANT. HE THEN REVIEWED THE FHA LETTER OF CONDITIONS WHICH SETS OUT CONDITIONS WHICH MUST BE UNDERSTOOD AND AGREED TO BEFORE ANY CONSIDERATION CAN BE GIVEN TO THE APPLICATION, b AND NOTED THAT IF THE CONDITIONS SET FORTH ARE NOT MET WITHIN•120 DAYS, THE FHA RESERVES THE RIGHT TO DISCONTINUE PROCESSING OF THE APPLICATION. MR. HOBERG STATED THAT PRIOR TO CLOSING ON THE LOAN, THE COUNTY MUST FURNISH EVIDENCE THAT 798 WATER USERS AND 123 SEWER USERS WILL BE AVAIL— ABLE. HE PRESENTED VARIOUS DOCUMENTS THAT WOULD HAVE TO BE SIGNED IN— CLUDING AN OPERATING BUDGET, MR. HOBERG EMPHASIZED THAT BEFORE ANY OF THE GRANT FUNDS CAN BE USED, THE LOAN FUNDS MUST BE USED UP FIRST. i Ii COMMISSIONER SIEBERT INQUIRED ABOUT THE ORIGINAL LOAN AND ASKED IF WE HAVE TO USE ALL THAT LOAN AND THE OTHER LOAN BEFORE USING THE ORIGINAL GRANT. MR. HUDNELL STATED THAT THESE ARE SEPARATE PACKAGES AND WOULD NOT AFFECT EACH OTHER. DISCUSSION ON INTERIM FINANCING FOLLOWED. MR. ENG DISCUSSED THE POSSIBILITY OF THE COUNTY STARTING TO USE THE LOAN AND THEN FINDING ' IT IS MORE THAN NEEDED. HE ASKED IF THE LOAN AND THE GRANT COULD THEN BE REDUCED PROPORTIONATELY. MR. HUDNELL FELT IT WOULD HAVE TO INVOLVE 50% BEFORE THEY COULD REDUCE THE RATIO. HE STATED THEY REALLY PREFER NOT TO GET INTO THIS. CHAIRMAN WODTKE THEN DISCUSSED THE REQUIREMENT TO GUARANTEE `t 798 WATER USERS. HE NOTED THAT AT THE PRESENT TIME WE HAVE 551 ON THE SYSTEM AND WOULD ASSUME IT MAKES NO DIFFERENCE WHETHER THE USERS ARE ON THE OLD SYSTEM OR THE EXPANDED SYSTEM. HE ASKED IF WE MUST HAVE USER AGREEMENTS SIGNED OR WHETHER WE HAVE SOME FLEXIBILITY IN THAT RESPECT. MR. HUDNELL STATED THAT AS A FIRST CHOICE, THEY WOULD PREFER MANDATORY HOOK—UP; THE SECOND CHOICE WOULD BE TO HAVE USER AGREEMENTS i 78 38 7 DEC 6 1978 J FOR AT LEAST THOSE WHO ARE NOT PRESENTLY ON THE SYSTEM, AND THIRD WOULD BE A CERTIFIED LETTER FROM THE COUNTY STATING THAT THIS NUMBER OF USERS .EXIST. THE CHAIRMAN ASKED WHETHER IT IS.THE NUMBER OF CUSTOMERS OR AMOUNT OF GALLONS USED ABOUT WHICH WE ARE CONCERNED. HE POINTED OUT THAT WE MAY BE ABLE TO HOOK ON ANOTHER SCHOOL WHICH WOULD USE A LARGE AMOUNT OF WATER. HE FURTHER NOTED THAT THERE COULD BE A PROBLEM WITH MANDATORY HOOK-UP IF AN INDUSTRIAL USER, FOR INSTANCE, SHOULD COME IN AND WE DID NOT HAVE ENOUGH WATER TO SERVICE THEM. MR. HOBERG FELT THE STATE OFFICE WOULD GIVE CONSIDERATION TO A BIG USER, BUT MR. HUDNELL NOTED THAT THE INTENT WAS TO SERVE THE INDIVIDUAL HOUSEHOLD, AND HE WOULD FEEL THE MAXIMUM NUMBER OF RESIDENTIAL USERS SHOULD BE SERVED FIRST AND THEN CONSIDERATION GIVEN TO THE LARGER USERS. CHAIRMAN WODTKE NOTED IF WE MUST HAVE USER AGREEMENTS, WE MUST GO OUT AND FIND APPROXIMATELY 247 PEOPLE WITHIN A SET PERIOD OF TIME BEFORE WE CAN AWARD THE CONSTRUCTION CONTRACT. ENGINEER ENG BELIEVED THERE IS SOME FLEXIBILITY IN THE 798 FIGURE BECAUSE IT IS BASED ON CONSUMPTION AND INCOME GENERATED. HE FELT IF WE FIND THE AVERAGE MONTHLY USE IS HIGHER THAN ANTICIPATED, FHA MAY REFIGURE. MR, HUDNELL STATED THAT THE FHA LIKES TO BE FLEXIBLE, BUT WANTS TO BE INFORMED OF THE VARIOUS CONSIDERATIONS. 9 ENGINEER BEINDORF FELT THERE ARE SOME OPTIONS AVAILABLE IF THE 247 CUSTOMERS CANNOT BE OBTAINED. WITH THE MONEY WE HAVE AVAILABLE WE COULD GO AHEAD AND DO THE SEWERAGE, AND THAT WOULD LEAVE ABOUT $230o000 IN CONTINGENCY TO GO INTO THE WATER. AT THAT POINT THERE WOULD BE THE CHOICE OF SCALING DOWN THE LOAN AND GRANT, WHICH WOULD REDUCE THE POTENTIAL NUMBER OF CUSTOMERS REQUIRED TO TIE ON. 1 � DISCUSSION FOLLOWED ON THE NUMBER OF CUSTOMERS AVAILABLE, AND MR. ENG INFORMED THE BOARD THAT THERE IS A FURTHER POTENTIAL IN THE OLD U.D.U. AREA RIGHT NOW. CHAIRMAN WODTKE ASKED MR. YOUNG HIS OPINION AS TO ACQUIRING COMMITMENTS FROM ALMOST 300 PEOPLE WITHIN THE NEXT 30 DAYS OR SO, AND r'A BOOK JO PA.a Y � MR. YOUNG POINTED OUT THAT WE ARE IN THE CHRISTMAS SEASON, WHICH WILL CREATE A PROBLEM WITH RAISING THE HOOK-UP FEE; ALSO A NUMBER OF THE UNITS ARE RENTAL UNITS, AND THE LANDLORDS DO NOT CARE ABOUT GETTING WATER INTO THESE UNITS. CHAIRMAN WODTKE POINTED OUT THAT IT IS NOT NECESSARY TO PAY THE HOOK-UP FEE AT THE TIME OF SIGNING THE AGREEMENT. HE ASKED -MR. HUDNELL'S SUGGESTIONS FOR DEALING WITH LANDLORDS WHO DO NOT WISH TO HOOK UP TO THE SYSTEM. MR. HUDNELL FELT THAT THE COUNTY HEALTH DEPARTMENT HAS THE RESOURCES TO MAKE SURE THAT .THOSE WHO ARE REQUIRED TO HOOK UP DO SO WITH - 'INS: A REASONABLE PERIOD OF TIME. DISCUSSION CONTINUED ON OBTAINING THE NECESSARY CUSTOMERS, AND ENGINEER ENG POINTED OUT THAT IN THE PROJECT COST OF THE WATER SYSTEM, THEY HAVE ALLOCATED AT LEAST ONE YEAR'S CAPITALIZED INTEREST ON THE LOAN SO IF WE CANNOT GET THE CUSTOMERS THIS YEAR, THERE ALREADY IS MONEY IN THE BUDGET TO PAY THE FIRST YEAR'S INTEREST ON THE LOAN. INTERIM FINANCING ALSO IS INCLUDED. COMMISSIONER LYONS ASKED IF THE PHRASE "WILL HOOK UP" CAN BE INTERPRETED TO MEAN "CAN REASONABLY BE EXPECTED TO HOOK UP." CHAIRMAN WODTKE FELT MR. HUDNELL HAS INDICATED THAT FHA WILL WORK WITH US. HE PERSONALLY FELT THAT WITHIN A REASONABLE PERIOD OF TIME, WE WILL NOT HAVE A PROBLEM OBTAINING THE REQUIRED NUMBER. COMMISSIONER SIEBERT INQUIRED HOW MANY CUSTOMERS THE COUNTY CAN SERVE, AND MR. BEINDORF STATED A TOTAL OF 1,200 TO 1,300. COMMISSIONER SIEBERT THEN ASKED IF WE COULD SERVE THEM ALL IF WE HAD MANDATORY HOOK-UP, AND MR. ENG STATED THAT HE FELT WE COULD BASED ON RESIDENTIAL CONNECTION. COMMISSIONER LYONS POINTED OUT THAT IT COULD BE MANDATORY UP TO THE POINT WHERE THERE IS NO MORE WATER, CHAIRMAN WODTKE NOTED THAT THERE IS A SOCIAL PROBLEM IN THIS AREA AND HE FELT WE HAVE A MORAL OBLIGATION AND HE WOULD NOT LIKE TO CUT BACK ON OUR LOAN AND GRANT -BUT WOULD LIKE TO SEE US PUT IN A SYSTEM THAT WE KNOW WILL BE A GOOD ONE AND ALSO INCLUDE PINEVIEW PARK. THE CHAIRMAN NOTED THAT WE HAVE UPGRADED AND OVERSIZED IN ANTICIPATION OF BEING ABLE TO INCREASE THE AVAILABILITY OF WATER IN THE NORTH PART OF aomjoPer, '80 9 r THE COUNTY BEFORE VERY LONG. HE DISCUSSED THE POSSIBILITY OF NEGOTIATING WITH THE CITRUS PEOPLE IN REGARD TO A WATER STORAGE TANK THEY HAVE BUILT FOR FIRE PROTECTION. COMMISSIONER LOY FELT WE SHOULD MOVE AHEAD SINCE FHA HAS. INDICATED THEY WILL COOPERATE AND WORK WITH US. ENGINEER ENG POINTED OUT THAT IF THE BOARD FEELS CONFIDENT THAT THEY WANT TO PROCEED, THE ATTORNEY SHOULD BE AUTHORIZED TO PROCEED WITH THE BOND VALIDATION PROCEDURES, WHICH WILL TAKE AT LEAST SS DAYS. CHAIRMAN WODTKE ASKED IF THE ENGINEERS ARE READY TO AWARD THE BID AT THIS TIME, AND MR. ENG STATED THAT WE CAN WAIT ON THAT. THE VARIOUS STEPS TO BE FOLLOWED WERE THEN REVIEWED,.AND THE CHAIRMAN STATED THAT HE SHOULD BE AUTHORIZED TO SIGN AND RETURN TO FHA A LETTER OF INTENT TO MEET CONDITIONS, AS WELL AS A REQUEST FOR OBLIGATION OF FUNDS, INCLUDING AN OPERATING BUDGET, AND THE ATTORNEY SHOULD BE AUTHORIZED TO PROCEED WITH THE STEPS NECESSARY FOR BOND VALIDATION AND CONTACT BOND COUNSEL .JOHN KELLY OF THE FIRM OF FREEMAN, RICHARDSON, WATSON, SLADE, MCCARTHY & KELLY IN THIS REGARD. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY AUTHORIZED THE CHAIRMAN AND THE ATTORNEY TO PROCEED AS OUTLINED ABOVE. LETTER OF INTENT TO MEET CONDITIONS AND OTHER DOCUMENTS LISTED ABOVE ARE HEREBY MADE A PART OF THE MINUTES. Boo iA 1 k: n UNITED STATES DEPARTMENT OF AGRICULTURE Form FHA 442-46 FARMERS HOME ADMINISTRATION (Rev. 1-"9) LETTER OF INTENT TO MEET CONDITIONS • Date December o, 1978 TO: Farmers Home Administration United States Department of Agricultun: 3953 .South U.S. 1 Fort Tierce,. Florida 33450 a t# (Comr9 Ojjlce Add-=) We have reviewed and understand the conditions set forth in your letter dated November 29, 1973 Itisour intent to meet all of them not later than 120 days from date, • � R Board of County Commissioners of Indian 'aver County, Florida ! (Name of Association) ! BY vv . Willigm C. Wodtke, Jr. Chairman , (Title) . •• .• , - a •0P0700-"7 i nil 38 DEC 6 197 enc r. u!jim-rmirun Form FMHA440-1 (Rev. 9.10-76) : REQUEST FOR OBLIGATION OF FUNDS FINANCE OFFICE ONLY 0] Loan Number [I] Fiscal Year PART I -COMPLETE FOR ALL LOANS AND GRANTS: 1. DATE OF APPROVAL BORROWER IDENTIFICATION 2. 1 2 3 aNO. NAME FIELDS (1.2..or 3 from below) 10 RROWER'S NAME INDIAN RISER BOABD OF COUNTY CpWxiS S I O N E R S 3.09 031 191 001200477 NAMF 4. P1= da 6uNTY NAME L Indialn River 6. TYPE ACTION i X1 1 - Ohtiaation Only 2 - Oblig. & Check Request 13 -Correction of Obliq. 7. TYPE OF ASSISTANCE 8. TYPE OF LOAN FUNDS 9. TYPE OF SUBMISSION (See FM 1) n 1 -Guaranteed n 2 -Insured F7 1 -initial 2 -Subsequent AYNTT Mia 1. DIRECT PA MEN i2. C IT REPORT 13. VETERAN . M Years 171-Cty Off 1 i2- Fin Off -No ( 1 -Yes 172 -No 1 -Yes F72 -No FOR OFFIC JOR115. TYPE OF ENTITY CODE(Associatior%Organizations. 14 Complete for Individuals Only F71.W � •'77etc only) '72 -NIS .• - i �-AI 4=5A r5- A%e-Tax Exempt ! r-� 17 -Non -Tax Exemot 7,19 -NIA _ O 16. SEX OF 60RR0%'E2{5) ( >iv;duais Only): 1-M 1 i2 -F 17. BORROWER(S) MARITAL STATUS (individuals Only): 1 -Married 2 -Separated n3 -Unmarried (including widowed or divorced) 18. COMPLETE IF APPLICABLE (See HMI) 19. INTEREST RATE I -Credit Sale n2 -Assumption M -FTM% 20. PAYMENTS: I 1 -Monthly E f 2-Annually-Semiannuanv !4-Quarteriv 21. AMOUNT OF LOAN 22. AMOUNT OF GRANT 23.AMOUNT OF IMMEDIATE ADVANCE M, FITI, 0 - [7.,, , '6O0 ,� F1 7 PART H - ENI LOANS ONLY 24. DISASTER CODE I I IT PART III - MULTIPLE HOUSING ONLY 25. IINTERESTCREEDIT 26. P-RROFITTYPE M•1i�I i -yes 1 ,I2 -No _1_ I1 -Full Profit I I2-L+mited Profit 3 -Non -Profit 17. TYPE OF APPLICANT: 1 -individual 2 -Partnership 3.Corporation 4 -Public Body (�5 Assn. of Farmers F76 -Organ: of Farmworkers n7 -Other PART W - INDIVIDUAL HOUSING LOANS 28. TYPE OF UNIT:71-Farm Tract n2 -Non -Farm Tract 29. ADJUSTED FAMILY INCOME I . 0 0. DWELLING: I 11-build-2-Purct+ase-New .3 -Purchase -Old I 14 -Refinance ) 5 -Repair 31. INTEREST CREDIT_ 32. TAXES AND INSURANCE t -Yes 2 -No n , Insurance Taxes -1st. yr. Taxes -grid yr, 33. COMMUNITY SIZE 134. FEE INSPECTION 3S. SQUARE FOOTAGE OF 1-10000 or le<s .2 -over 10.000 1 (_11 -Yes 172 -No LIVING AREA PART V - ADDITIONAL IINFOWNIATION (See FAII) - ® Paddm 2 FaM 440.1 (Rev. 9-10-76) DEC 6 1978 A, Bmx 38 war 003 0 PART VI — CERTIFICATION APPROVAL - -36. - I HEREBY CERTIFY that I am unable to obtain sufficient credit elsewhere to finance my acral needs at reasonable rates �. ..and terms, taking into consideration prevailing private and cooperadye rates and terms in or near my community for loans for sunhat purposes and periods of time. I agree to use, subject to and in aqcordance with regulations applicable to the type of assistance indicated above, and request payment of the sum specified herein. I certify that so part of said sum has been tetxived. WARNING: section 1001 of Title 18. United States Code provides: "Whoever, in any matter within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals or covers up ... a nwiterial fact, or makes any false, fictitious or fraudulent statements or. iepresen'40ons, of -makes or uses any false writing or document knowing the same to.contain any false, fictitlous orfraudulent statement or entry, shad be fined not more than $10,000 or imprisoned not more than 5 years, or both." MIM RIM BD. OF COlil= CoP SIONERS Dace November 30 .lg• 78 iinIJ- 1 C. WODTRE, M., (Sit—t— of App ) Chairman .37. COMMENTS AND REQUIREMENTS OF CERTIFYING OFFICIAL 313. I HEREBY CERTIFY that' all of the committee and administrative determinations and certifications required by Farmers — Home Administration regulations prerequisite to providing assistance of the type indicated above have been made and that evidence thereof is in the docker, and that all requirements of pertinent regulations have been complied with. I hereby approve the above-described assistance in the amount set forth above, and by this document. subiect to the availability of funds, the Government agrees to advance such amount to the applicant for the purposes of and subject to the conditions prescribed by Farmers Home Administration regulations applicable to this type of assistance. s N14%;e o j App--ing UtruWj Date Approved- Title: Ji. TO THE APPLICANT: As of this date , this is notice that your application for the above financial assistance from the Farmers Route Administration has been approved, as indicted above, subject to availability of fonds and other conditions required by the Farmers Home Administration. if you have any questions contact the County -Supervisor. w 8x 3 0, f"tr i 0 f .A DEC 6 1978 i 1983 19- First Full Year 22,816 22.81 802 16.80 22.81 L6,014 2.22 3.78 s 6,014 1983 I , 0 0 hstrttctions -Operating Budget Schedule 1 This form is to be prepared by the Applicant and is to include data for each year, from loan closing through the first full Year of operation. Example: if only two coiums are required, use columns four (4) and five (5). income and expense items: • data entered should be on the same basis as theApplicant's Accountinu records. Le„ cash basis. accrual basis. etc.. All Operating Income: lines 1.5 List types of income as appropriate: $ 11=6— Allowances and Deductions: " (Pertains generally to Health Care Institutions, and represents the difference between Gross Income and Amounts Received or to be Received from patients and third party payors) mating Expenses UM 8-14 List types of expenses as appropriate - no IS— Interest FmHA (interest expense insured on FmM note(s)). line 16— Depreciation (total•depreciation expense for the year) Buis — Net Operating Income (Loss)) this amount represents rite net operating income or loss before adding income not related to operations below) Non Operatine Income lines 19-20 (indicate items of income derived from sources other than regular activities, Ex: interest earned) litre 22 —' Net Income (Loss) (this amount is also transferred to item A Schedule 2 Projected Cash Flow Statement) Instructions - Projected Cash Flow. Schedule 2 This form is used to Project the Flow of Cash by the Applicant for each year, from loan closing through the first full year of operation. Use the same number of columns as used on the Operating Budget, Schedule 1 These Cash Flow Projections are important in determining the adequacy of cash to cover operating expenses, transfers to debt payment, reserve accounts, etc.. Cash Basis Accounting Applicants who maintain their records strictly on the cash basis of accounting and have no Accounts Receivable and Accounts Payable, may only need to complete the following line items: A, B-1, C-1, £-I and E 3, F and G. Line Item Instructions line A Bring forward the income or loss as entered on line 22, schedule 1. line W _ Add back any depreciation or other non cash items included on Schedule 1, Operating Budget... Inc C — Complete items C-1 through C-6 as appropriate, for item changes which provide for increase in cash balances. NOTE: Do not include changes in cash Accounts in Current Assets of item C-4. Lines C-3 and C4 will in- dicate the changes in Working Capital (Current Assets and Current liabilities, Exclusive .of Cash.) Hol) — Enter the Net Total of all A, B and C items. Bu E — Complete items E-1 through E-6 as appropriate for items for which cash was expended, in F — Enter the Beginning Cash Balance(s) for the period. line G — The total of item D less E-6 plus F will be the Ending Cash Balances). This total will be reconciled by balances in the various accounts, ie., construction, revenue, debt, etc» .. w � Re.Marraa � M►ICf� an-s►n� .s . K'OK PAVE • V , UNITED STATES DEPARTMENT OF AGRICULTURE FARMERS HOME ADMINISTRATION 1 3953 South U.S. 1 Ft. Pierce, Florida 33450 November 29, 1978 o a Mr. William C. Wodtke, Jr., Chairman Indian River County Board of County Commissioners Indian River County Courthouse Vero Beach, FL 32960 a Dear Mr. Wodtke: This letter establishes conditions which must be understood and agreed to by you before further consideration may be given to the application. Any changes in project cost, source of funds, scope of services or any other significant changes in the pro- ject or applicant must be reported to and approved by FmHA by written amendment to this letter. Any changes not approved by FuRA sball be cause for discontinuing processing.of the appli- cation. This letter is not to be considered as a loan approval or as a representation as to'the availability of funds. The docket may be completed on the basis of a loan not to exceed $236,000.00 and a grant not to exceed $317,600.00. If FmHA makes the loan, the Interest rate will be that charged by FmHA at the time of.the loan approval. Please complete and return the attached Form FmHA 442-46, Letter Of Intent to Meet Condition, if you desire that further consider- ation be given your application. If the conditions set forth in this letter are not met within 120 days from the date hereof, FmHA reserves the right to discontinue the processing of the application. Repayment Schedule: The loan will be repayable over a period not exceeding 40 years from the date of loan closing. The first and second payment(s) will be due September 1, following loan closing and will consist of interest only. The third payment and all succeeding installments except the last installment will be due on September 1, and will consist of bond maturities plus accrued interest. DEC 6 1978 Farmers Home Administration is an Equal Opportunity Lend¢r. Complaints of discrimination based on race, sex, religion, national origin or marital status should be sent to: Secretary of Agriculture, Washington, D. C. 20250 A. BOUX 38 fAa'88 I 0 Number of Users and Verification Reauired: Prior to beginning construction or prior to closing of the FmHA loan whichever occurs first, the county will furnish evidence that 798 water users and 183 sewer users will connect to the system. . A member•of the State Director's staff will audit and authenticate the number of users obtained or to be served. Title to Prover The county will provide evidence of title satisfactory to the FmHA for all assets which will constitute security for the loan. Security Requirements: Security will consist of junior revenue bonds and a lien on revenue from the water and sewer facility. Use of Recognized Bond Counsel: The county attorney will obtain the assistance of recognized bond counsel. All documents necessary to close the interim financing loan and the FmHA loan must be prepared by bond counsel. Appendix C of FmRA Instruction 1933-A will be followed by the county attorney and bond counsel. Two bound copies of the complete bond transcript will be furnished to FmHA by bond counsel at loan closing. Interim Financing: The county will borrow funds from commerical sources in the amount of the FmRA loan for the construction period only. Attached are copies of FWHA Guide 1, Guide Letter for Use in Informing Private Lender of FmRA's Commitment. Provided interim financing is used, construction will not begin until construction and bond bids are obtained and the necessary processing and legal work has been completed to the point to where the FmHA loan could be closed. The County.Supervisor will approve Form FmHA 424-18, "Partial Pay Estimate," to insure that funds are used for authorized purposes during the construction period. If interim financing is used, although a binding commitment has been made by the Government, only those funds advanced to pay for construc- tion and other authorized and legally eligible expenses incurred by the county will be deemed by the Government to be interim commercial indebt- edness and retired by FmHA with permanent instruments. The FmHA must be sure that the construction loan is properly administered and that b.. DEC 6 1978 38 PAGE • 3 when the FmHA loan is closed there is no doubt that the FmHA is fully secured. The FmHA moat insist on the following at loan closing: 1. An affidavit by the general contractor that he has been paid In full, in accordance with the terms of the contract, and that he has paid all sub -contractors, materialmen, and laborers with respect to the construction of the project. (It may be that he will have to get his final payment at the bond closing, from bond proceeds, and perhaps make some disbursements at the time to sub- contractors and suppliers.) 2. A certificate by the consulting engineer that the system has been constructed in accordance with applicable law and according to the plans and specifications approved by the Government. 3. A statement from the attorney that he has been paid to date in accordance with his agreement. An unqualified opinion from bond counsel will be required. It will be the responsibility of the county and its commercial lender to be cer- tain that bond counsel employed will issue an unqualified opinion. Also, bond counsel will be required to furnish evidence that the interim financing has been paid in full. When interim financing funds have been expended, the FmHA loan will be closed and permanent instruments will be issued to evidence the FmHA indebtedness. Business Operations: The bond ordinance will require that the county establish as soon as the system becomes revenue producing a depositary in the State of Florida which is.a member of the FDIC and which is eligible under the laws of Florida to receive municipal funds and maintain for the term of the loan a special fund known as "Indian River County Water and Sewer System Revenue Fund." These funds are to be kept separate from all other funds of the county and will be espended.and used.only as stipulated in a bond ordinance approved by the FmHA. A reserve account will be accumulated at the rate of one-tenth of the annual payment until this account reaches the amount of one annual payment. The county will adopt an ordinance in accordance with Guide 9 of Florida Instruction 1933-A outlining operation procedures for the facility. The county will furnish an outline of the management procedures for the facility to include the name of the persons) who will operate the facility along with a brief agreement between the person(s) and the county showing LIGE'% f�,Aa o LIGE'% f�,Aa s 0 0 4 services to be performed and wages to be paid. Accounts. Records. and Audit Revorts Required: The county will be required to keep accounts and records on the operation of the facility separate and apart from other records in accordance with the bond ordinance. We suggest that the county's auditing firm develop a set of records for this particular purpose unless adequate records. are already in use. The person responsible for maintaining such records of accounts will be selected prior to loan closing. It is imperative that the county establish and maintain adequate business management practices through a system of records, reports and audits which will assist the governing body in making effective decisions and thus help to insure'a successful operation. FmHA will be furnished management reports as outlined in Paragraph 1933.17 (a) (14) (11) (g) of Appendix A of FMHA Instruction 1933-A. A copy of this appendix is attached along with copies of our forms to be used for periodic and annual reports. Prior to loan closing the county will enter into a contract with a qualified auditor to conduct the annual audit. Requirements pertaining to audit reports are contained in a booklet, "FmHA Instructions to Independent Certified Public Accountants and Licensed Public Accountants." Two copies of this booklet are attached. Please refer to page 10 of the booklet for an example of an auditor -borrower written agreement. FmHA will approve the county's accounting financial reporting system prior to loan closing or commencing construction whichever occurs first. All forms needed for required FmHA reports will be furnished by this office. Construction Contract Documents and Bidding: Appendix B of FuHA Instruction 1933-A and "Contract Documents for Construc- tion of Federally assisted Water and Sever Projects" will be followed by the county and engineer or architect for all construction. Two copies each of these documents are attached and one copy is to be delivered to your engineer or architect and attorney. A pre -construction conference will be held after bid opening at a convenient time to be scheduled by FmHA. In attendance will be the designated repre- sentatives of the county the consulting engineer, contractors' representa- tives and FmHA personnel. Insurance and Bonding: DEC 6 1978 s 5 Property insurance fire and extended coverage and flood plain insurance, if applicable, wil� be required on all above -ground structures including equipment and machinery in an amount equal to the replacement value as recomme ed by the project engineer and approved by the FmHA. No insur- ance will be required on water reservoirs, standpipes and elevated tanks. Requirements as outlined in "Appendix B" of FmHA Instruction 1933-A and Item 21 of -"Contract Documents for Federally Assisted Water and Sewer Projects" will be followed by the county engineer or architect for all construction. Workmen's compensation will be maintained as required by State Law. Public liability and property damage insurance will be maintained as recom- mended by the applicant's attorney and approved by the FmHA. If the county Will own trucks, tractors, or other vehicles that frequently will be driven over public highways, public liability and property damage insurance will be required. Fidelity bond coverage is required in the amount of $50,000.00 on the position of the treasurer and./or others who handle collections and disburse meats in an amount at least equal to the total amount of funds that will be on band at any one time exclusive of loan funds. This bond will be obtained prior to loan closing. Form FmHA 440-24, "Position Fidelity Bond," will be used and copies are attached. The United States will be named as co -obligee In the bond. The amount of the bond includes the initial loan made by FmHA. Closing Instructions: The loan will not be closed until the Regional Attorney has been furnished all the documents required and has issued closing instructions. The county attorney will carry out the Regional Attorney's closing instructions and will certify that the loan has been closed in accordance with the Regional Attorney closing instructions. Other Requirements which Must be Met and Forms to'be Completed: A rate schedule will be adopted by the county providing for the following residential user rates: Nater Rate First 2,000 gallons $ 7.10per month - mi*+im m+ All over 2,000 gallons $ 1.50 per 1,000 gallons Commercial rates will be established as follows: .ti 21 Water Rate First 2,000 gallons $7.10 per month - minimum All over 2,000 gallons $1.50 per 1,000 gallons Sewer Rates: Residential Commercial 1. Apartments, multi -family Minimum 80% of base rate units, mobile home parks per unit or 90% of total with water meters. water consumption times $1.50 per 1,000 gallons, whichever is greater. 2. Motels and hotels (rest- Minimum 20% of base rate aurants as part of motel per room or 100% of total or hotel is billed separ- water consumption times ately as restaurant) $1.50 per 1,000 gallons, whichever is greater. 3. Restaurants Minim= base rate or 100% of total water consumption times.$1.50 per 1,000 gallons, whichever is greater. 4. Laundromats Minimum 50% of base rate per machine or 1007. of total water consumption times $1.50 per 1,000 gallons, whichever is greater. 5. All others, including Xinimum base rate or 907. of schools, public buildings, total water consumption times churches, service stations, $1.50 per 1,000 gallons, which - and retail stores. ever is greater. All residents located is the service area regardless. of race, color, creed, or level of income must be afforded an opportunity to become users of the facility. The county must agree to comply with the requirements of Form FmHA 400-1, "Equal Opportunity Agreements" and Form FmHA 400-4, "Nondiscrim- r DEC 0 1978 i 7 ination Agreement." These agreements must be approved by the governing body and executed before loan approval. The county must provide for review and approval by the FmHA, before con- struction begins, a positive program to encourage connections by all users as soon as the service is available. This program shall include: 1. An agressive information program to be carried out during the' construction period. 2. Positive steps to assure that commercial installation services will be available to users. 3. Agressive action to see that all.signed users can finance their connections. Other Requirements: 1. Form FmHA 442-7, Loan Resolution must be adopted prior to or at loan closing. 2. Prior to or at loan closing the Commission must adopt a resolution authorizing the Chairman to execute Form FmHA 442-31, "Association Water or Sewer Grant Agreement." Form FmHA 442-3 must be executed by the Chair- man. If the county decides to accept FmHA services under the above condition we will proceed to take the necessary steps to process the loan and grant. • _ Sincerel , C. HOBERG County Supervisor l CHAIRMAN WODTKE DISCUSSED A TRAFFIC STUDY FOR VERO HIGHLANDS AND OLD DIXIE AND STATED THAT THIS AREA HAS HAD AN ON-GOING STUDY FOR PERHAPS AS LONG AS TWO YEARS IN TRYING TO ACQUIRE SOME TYPE OF TRAFFIC. SIGNAL AT THE INTERSECTION OF OLD DIXIE•AND THE ROAD LEADING INTO VERO HIGHLANDS. HE NOTED THAT THE TRAFFIC STUDY MADE INDICATED THE TRAFFIC WAS NOT SUFFICIENT TO WARRANT A CAUTION LIGHT OR TRAFFIC SIGNAL.. THEY HAVE ALSO MADE REQUESTS FOR REDUCED SPEED LIMITS. THE CHAIRMAN FURTHER NOTED THAT HE HAD REQUESTED A REPORT FROM THE FLORIDA HIGHWAY PATROL IN REGARD TO ACCIDENTS AND PROBLEMS AT THIS LOCATION AND THE REPORT HE RECEIVED BACK WAS NOT CORRECT BECAUSE IT DID NOT INCLUDE A DEATH THAT OCCURRED AT THAT LOCATION. CHAIRMAN WODTKE DESCRIBED IN DETAIL THE UNIQUE TRAFFIC PROBLEM AT THIS LOCATION WITH PEOPLE COMING UP OVER THE RIDGE AND INTO THIS INTERSECTION. HE.NOTED THAT THE ROAD SOON WILL BE COMING UNDER THE -CONTROL OF THE BOARD OF COUNTY COMMISSIONERS AND STATED HE WOULD LIKE TO AUTHORIZE THE ADMINISTRATOR TO SEE WHAT CAN BE DONE WITH THE INTERSECTION. HE DISCUSSED HAVING A DANGEROUS INTERSECTION SIGN ON THE HILL WITH A FLASHING LIGHT. ADMINISTRATOR JENNINGS STATED THAT HE RECEIVED A REPORT FROM JOHN WILSON OF THE DOT DATED OCTOBER 30, 1978. CHAIRMAN WODTKE NOTED THAT LETTER WAS BASED ON THE INCORRECT ACCIDENT REPORT SUPPLIED TO THE DOT. HE THEN DISCUSSED THE POSSIBILITY OF ASKING ST. LUCIE COUNTY TO REDUCE THEIR SPEED LIMIT ON THE OTHER SIDE OF THE HILL. IT IS ALREADY LOWERED IN THE VICINITY OF HARBOR • BRANCH FOUNDATION. ADMINISTRATOR .JENNINGS FELT WE MIGHT CONTACT .JOHN.WILSON OF THE DOT TO SEND ONE OF HIS MEN UP TO MAKE AN EVALUATION.ON A MORE INFORMAL BASIS, AND GIVE US FURTHER SUGGESTIONS. COMMISSIONER LOY NOTED THAT WE ARE IN A BETTER POSITION NOW TO TAKE THEIR SUGGESTIONS AND IMPLEMENT THEM OURSELVES. Y CHAIRMAN WODTKE REQUESTED THAT HE BE ALLOWED TO GO WITH THE ADMINISTRATOR TO CHECK OUT THIS INTERSECTION WHEN THE DOT REPRESENTATIVE COMES UP. ADMINISTRATOR JENNINGS AGREED AND STATED THAT HE WILL ALSO CONTACT WELDON LEWIS, ADMINISTRATOR OF ST. LUCIE COUNTY, IN REGARD TO THEIR SPEED LIMIT. HE NOTED THAT WE CAN PUT SIGNS, BUT CANNOT GUARANTEE THEY WILL BE OBEYED. 95 DEC 6 1978 r ENGINEER BEINDORF PRESENTED TOM TESSIER OF GERAGHTY & MILLER TO PRESENT THEIR PROPOSAL IN REGARD TO WATER SYSTEM IMPROVEMENTS FOR THE SOUTH COUNTY WATER TAXING DISTRICT. HE NOTED THAT WE NEED TO GET HIS INPUT TO COMPLETE A REPORT BEFORE WE GO.TO FHA FOR SECURING GRANT MONIES. MR. TESSIER INFORMED THE BOARD THAT WHAT THEY ARE GOING TO DO . IS A PRELIMINARY STUDY BASICALLY LOOKING AT ALL THE EXISTING DATA AVAILABLE FOR THE SOUTH COUNTY TAXING DISTRICT AND THE VICINITY. THEY ARE PARTICULARLY INTERESTED IN CONTACTING PUBLIC AGENCIES, SUCH AS THE DER AND THE WATER MANAGEMENT DISTRICTS TO DETERMINE THEIR ATTITUDE ABOUT A PROGRAM OF THIS NATURE. HE NOTED THEY WILL ALSO BE LOOKING AT THE MAJOR USERS IN THE AREA AND ALSO CONTACTING DRILLERS, ENGINEERS, ETC., THOSE FAMILIAR WITH THE AREA, TO LAY THE GROUNDWORK FOR AN INVESTIGATION TO SITE WELLS. CHAIRMAN WODTKE STATED THAT HE UNDERSTANDS THEY WILL BE LOOKING FOR APPROXIMATELY lE MILLION GALLONS PER DAY. MR. TESSIER STATED THAT IS WHAT THEY HAVE BEEN TOLD THIS AREA WILL REQUIRE. HE NOTED THAT IN THE SOUTH COUNTY THEY ARE MORE RESTRICTED IN LOOKING FOR AREAS TO SITE THE WELLS AND ARE LOOKING, FOR A CONSIDERABLY LARGER.VOLUME OF WATER. HE STATED THAT THIS IS GOING TO MESH WITH THE PRE -ENGINEERING STUDIES WHICH ARE DUE FEBRUARY 1ST. ENGINEER BEINDORF FELT THEIR PROPOSAL IS A GOOD ONE AND WELL IN LINE WITH WHAT WE ARE GOING TO NEED, MR. ENG NOTED THAT THEY HAVE TO HAVE THE DATA FROM GERAGHTY & MILLER BEFORE THEY CAN COMPLETE THEIR PRELIMINARY ESTIMATES FOR COST OF WELLFIELDS, ETC. HE FELT THE TIMEFRAME IS QUITE TIGHT, AND THERE MAY POSSIBLY BE A FEW WEEKS DELAY. IT WAS NOTED THESE COSTS ARE REIMBURSABLE UNDER THE LOAN AND GRANT. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER LYONS, THE BOARD UNANIMOUSLY AUTHORIZED THE CHAIRMAN TO EXECUTE AN AGREEMENT WITH•GERAGHTY & MILLER BASED ON THE PROPOSAL SUBMITTED BY THEM; THE AGREEMENT TO BE PREPARED BY ATTORNEY COLLINS. THE AGREEMENT WILL BE MADE A PART OF THE MINUTES WHEN EXECUTED AND RECEIVED. THE PROPOSAL IS AS FOLLOWS: DEC 6 197896 p November 30, 1978 4 SVERDRUP & PARCEL AND ASSOCIATES, INC, Q NOV 1978 AND RECEIVED BEiNDORF AND ASSOCIATES, INC. 1;f Adtl�$h3tS O[fice \ IA JOINT VENTURE) /!560� Project No. 6146 Mr. Jack G. Jennings County Administrator Indian River County I Room 115 County Courthouse I L Vero Beach, Florida 32960 Re:• Water System Improvements for the South County ax District u T Dear Jack: We have reviewed the proposal submitted by Geraghty and Miller for water resources investigation for the above referenced project. After reviewing Geraghty and Miller's proposal, we feel the scope of work outlined will supply the information P P + P PP Y necessary for us to complete our Preliminary,Engineering Report for the South County Tax District. 9 In addition Geraghty we recommend the contract for Gera ht and Miller's work be made directly with the County. Please note, we have reviewed this type of contractural arrangement with FmHA and have been advised by FmHA the fees for work performed R .under direct contract with the County would be grant eligible. ,t Therefore, we request to appear before the Board of County Commissioner's at their"- December 6, 1978 meeting to discuss the water resources investigation and con- tractural arrangements. Should you have any questions, or if I_may be of any -assistance, please do not , .� hesitate to contact me. Very truly yours, (J~Ll� John Robbins For The Joint Venture JAR; mk cc: Mr. Vincent P. Amy, Geraghty b Miller, Inc. 6146 File xl I�Lv rr►: al.ln.v ro: ' ( 1 7flR4 ?OrN SI NI l i ( 1 -alv N.W. 1.11{4 %11411 1 SUM M1++1Itl l Ita Io:X fl4q VI 11f, .11 M:I1, 1 l.tt{t1UA -.i: 9b0 1:1\INl SVII l 1 ,.1 1 UN111/1 is1+111 !� DEC 6 197 pnz 7 fb Geraghty & Miller, Inc. PROPOSAL To: Indian River County Commissioners Indian River County Courthouse 2145 14th Avenue Vero Beach, Florida 32960 From: Geraghty•& Miller, Inc. 1675 Palm Beach Lakes Blvd., Suite 404 West.Palm Beach, Florida 33401 Subject: Preliminary Investigation of Ground -Water Resources in the South County Taxing District, Indian River County, Florida s Beindorf and Associates of Vero Beach and Sverdrup and Parcel of Gainesville, Florida have requested.that Geraghty & Miller, Inc.., prepare this proposal for an investigation to determine the potential fot development of a regional ground- .ti ti water supply in the South County Taxing District.- The area in question encompasses approximately ten square miles immediately south of the City of Vero Beach. The county's consulting engineers anticipate that the demand for potable water in this area will approach 16 mgd (million gallons per day). It has been proposed that this demand be met with ground water from a county -managed water system located within the district. DEC 6 197 /% c 38 ica 98 Geraghty& Miller, Inc. 2 A multitude of factors must be considered in the develop- ment of a water system of this magnitude. Many of these fac- tors should be considered in pre -engineering studies before the county commits itself to the considerable expense of well construction and system engineering. Geraghty & Miller, Inc., proposes to undertake this investigation of ground -water resour- ces in the area as part of these pre -engineering studies. In developing large -capacity ground -water supplies, the source and volume of water potentially available for long-term use are important. Thus, recharge available from precipitation and perennial surface -water sources in an area are critical. o However, water quality is equally important in developing a reliable potable water source, so the quality of surface water, and the presence of potential ground -water contamination sour- ces must be considered. These factors all contribute to re- gional ground -water quality. Geology and hydrology in the vicinity of proposed well• sites influence the design and construction of wells and well fields. Further, well and well -field construction and well - water quality will affect the planning and engineering of the treatment plant and distribution system. The impact of such a large diversion on adjacent users must be considered. rx DEC 6 1978 ! j w 4 g Geraghty & Miller, Inc ® 3 e T Conversely, the impact of adjacent users on the diversion and on pumpage from individual well's is important. • f; In this preliminary investigation, Geraghty & Miller -will emphasize the water quality, geology, hydrology, and pumping impacts in this area. The study will not be limited to the shallow aquifer, but will consider the possibility of develop- ment of potable water from the deeper Floridan aquifer as well, i so that cost-effective decisions can be made about the poten- tial productivity of each aquifer. Areas for the best water - supply potential will be identified, and locations most suitable for aquifer testing will be selected. Water quality, potential I contamination, and impacts on adjacent users will be considered e in these selections. After investigating the likely ranges in 4 production -well depths and yields,. and alternate production- . well designs and well -field configurations, an aquifer testing t+ program will be devised. The number of wells required for yti testing, their construction and cost, and details of the tests will be described. This program will be tied to the county plans as much as possible. The step -wise development of water resources as demand increases and additional well sites can be acquired will be considered. The ultimate intent of the overall testing i 38 FAQ BOO DEC 6 1978 lain 1JLV DEC 6 1978 K 11 F a •C Geraghty & Miller, Inc - 4 program will be to secure a water -use permit and to aid in the management of the ground -water resource. The major portion of the data to be evaluated in this is study is already in existence. The files of Geraghty & Miller, with its extensive experience in eastern Florida, will provide a basis from which to initiate the investigation. Additional P data will be collected from public agencies such as the St. j Johns River Water Management District (WMD), the U. S. Geologi- cal Survey (USGS), and the Florida Department of Environmental s Regulation (DER). Well drillers and technicians (consultants, I y engineers, water chemists). who have been actively working in ! this area may be expected to provide information. The area's major water users, once they are identified, will be contacted for data also. The investigation will proceed through several study tasks. These tasks will.be pursued generally sequentially, - y 1 but also concurrently as they can be accomplished. The tasks - are summarized below. Task 1. Project conferences to determine objectives and provide coordination among consultants. ! Task 2. Review of Geraghty & Miller, Inc., files for I . relevant'data. lain 1JLV DEC 6 1978 n • �iF a • T 1 Geraghty & Miller, Inc. — 5 — Task 3. • Conferences with St. Johns River Water Manage- . i ,r ment District to discuss program objectives r and District criteria for consumptive-use. Task 4. Data collection at public agencies (U. S. Geo- logical Survey, Florida Department of Environ- f mental Regulation, St. Johns River Water Manage- . i ment District, and others). ) Task 5. Conferences with local technicians experienced • in water resources (engineers, drillers,.chem- ' i fists, and others). Task 6. Meetings with major water users in the area to collect data. Task 7. Consultant conferences, report preparation, F 42 and review. The cost of this investigation is estimated at $8,600. Charges in excess of this amount will not be billed except by prior written authorization from Indian River County. Invoices -will.be submitted monthly for work completed, based upon our G"-d DEC 6 1978 r 'Geraghty & Miller, Inc. 6 .current fee schedule, a copy of which is enclosed. Expenses are billable at cost. We appreciate the opportunity to. submit this proposal to Indian River County, and would be pleased to cooperate with the County and its engineers in the development of this system. We will be available to begin our work.upon written authori- zation to proceed. Sincerely, GERAGHTY & MILLER, INC. Vincent P. Amy v Executive Vice President • VPA/TLT/k Enclosure DEC 0 1978 e r f' o Geraghty & Miller, Inc. SCHEDULE OF FEES FOR PROFESSIONAL SERVICES October 1978 The charges for services provided by Geraghty & Miller, Inc., consist of: (1) an hourly fee for any professional staff member actively working on a project, (2) reimbursement of expenses, and (3) reimbursement of sub -contractor's and other special costs. Bills covering the hourly charges and expenses will be submitted for payment on a calendar month basis, unless some other arrangement has been agreed upon. Hourly fees are billed at the staff member's actual tech- nical payroll cost multiplied by a factor of 2.5. The techni- cal payroll cost includes the staff member's basic salary and fringe benefits. The firm's cost multiplier covers general and administrative costs and profit. Fee ranges for the firm's pe3qsonnel classifications are indicated below. These charges are based on October 1978 technical payroll costs, and are subject to revision. Range Principal $75.00 Senior Scientist 40.00 to $65.00 Senior Hydrogeologist 35.00 to 40.00 Hydrogeologist 17.00 to 35.00 Draftsman, Technician, and Research Assistant 15•.00 to 25.00 Reimbursable expenses are billed at.cost. These include travel costs, living expenses for personnel required to.be away from the home office in connection with the work, rental cars, long distance telephone calls, telegrams and cables, copies, prints or reports, shipping costs for samples and other materials, expendable supplies purchased specifically for a project, and premiums for insurance in addition to normal cover- age when required. Mileage for use of personal cars is charged at 20 cents per mile. Subcontractor charges, purchase or rental costs.for special equipment necessary for job execution, and any other costs not associated with normal office overhead are billed at cost plus a handling charge of 10 percent. DEC 6 1978 :( if,A XF 1U4 ATTORNEY COLLINS DISCUSSED THE MATER. PURCHASE AGREEMENT WITH THE CITY OF VERO BEACH NOTING THAT HE AND ENGINEER BEINDORF ATTENDED THE CITY COUNCIL MEETING LAST NIGHT. HE STATED THAT HE RECOGNIZES THE NEED FOR THE CITY TO.PROTECT ITS INTERESTS, BUT FEELS THAT IN SOME RESPECTS THEY WERE HARDER THAN HE LIKES TO SEE AND THAT THE CONTRACT IS ONE-SIDED. HE FURTHER NOTED THAT PARAGRAPH 5 ON PAGE 2 DOES NOT REFLECT WHAT HE FELT WAS AGREED ON AT THE MEETING LAST NIGHT. HE STATED THAT THE APPROACH TAKEN BY MR. BEINDORF AND HIMSELF WAS THAT THE COUNTY DID NOT EXPECT TO USE MORE THAN 200,000 GPD AT ANY ONE TIME, BUT WE DID EXPECT TO USE BETWEEN 100,000 AND 200,000 GPD ON A CONTINUOUS BASIS TO GIVE US A CHANCE TO KEEP THE WELL PUMP AND MACHINERY IN A WORKING CONDITION AND ALSO TO INCREASE THE QUALITY OF THE PRODUCT THAT IS BEING GIVEN TO THE CUSTOMERS BY MIXING THE WATER, HE NOTED THAT THE ORIGINAL CONTRACT HAD A PROVISION THAT THE COUNTY AT ALL TIMES WOULD UTILIZE THEIR WELLS TO THE FULLEST CAPACITY AND OVER AND ABOVE THAT THE CITY WOULD PROVIDE SERVICE. HE CONTINUED TO DISCUSS PARAGRAPH 5, AND ENGINEER BEINDORF AGREED THAT IT WAS DIFFERENT THAN HE HAD UNDERSTOOD LAST NIGHT. ATTORNEY COLLINS THEN REVIEWED THE PROPOSED RATES. HE NOTED THAT THE CITY WAS CHARGING MID FLORIDA 75� PER 1,000 GALLONS, BUT THEY WILL BE CHARGING THE COUNTY THEIR COST PLUS 20%, OR 8N PER THOUSAND GALLONS UP TO 200,000; IT ESCALATES TO $1.40 FOR EVERYTHING OVER THAT, AND WE AGREE THAT WE ARE NOT GOING TO USE MORE THAN 300,000 GPD. THE ATTORNEY INFORMED THE BOARD THAT HE POINTED OUT THAT WE ARE NOT GOING TO ADD ANY ADDITIONAL CUSTOMERS. THE ONLY REASON WE WOULD NEED THE 200-300,000 GALLON CAPACITY WOULD BE IF THE WELLS SHOULD GO OUT AND WHY WOULD YOU CHARGE MORE IN AN EMERGENCY SITUATION? THIS ARGUMENT DID NOT PERSUADE THREE OF THE -FOUR COUNCILMEN. HE CONTINUED THAT THEY ORIGINALLY HAD A PROVISION THAT ANYTHING OVER 300,000 WOULD BE A TRIPLE PRICE AND THAT IS DELETED.: ENGINEER BEINDORF STATED THAT THE CITY FIGURED THE COST OF THE WATER AT THE PLANT THEN TOOK THE PUMPAGE AND"MAINS AT THE POINT WHERE WE•WOULD RECEIVE THE WATER AND ADDED 20%. 'COMMISSIONER LOY THOUGHT THE TRIPARTITE AGREEMENT CALLED FOR 10%, BUT MR. BEINDORF-EXPLAINED THAT IS AT THE TREATMENT PLANT. 105 UG% a's pmT 0 ATTORNEY COLLINS WAS OF THE OPINION THAT WE CAN OPERATE AT THE 80� CHARGE UNDER THE CURRENT RATES, BUT IF ONE OR TWO WELLS GO OUT AND WE GET OVER 200,000, THEN IT GETS MARGINAL. THE ATTORNEY NOTED THAT THE CITY REFUSES TO DELETE PARAGRAPH 10 ON THE BASIS THAT ALL OTHER GOVERNMENTAL AGENCIES ARE CHARGED DEPOSIT FEES, I.E. RENTAL FEES AT THE AIRPORT; ETC. THEY DID ADD 5% INTEREST. ATTORNEY COLLINS NOTED THAT IT IS NOT CLEAR WHO GETS THE BENEFIT OF THE INTEREST ON THE DEPOSIT, AND HE FELT THE COUNTY SHOULD. THE ATTORNEY CONTINUED THAT IN PARAGRAPH 14, THE CITY HAS THE RIGHT TO RESTRICT OR TERMINATE THE FLOW IN THE EVENT OF AN EMERGENCY ON TWO HOURS NOTICE, AND .IN THE EVENT OF A WATER PROBLEM, ON 12 HOURS NOTICE. CHAIRMAN WODTKE QUESTIONED PARAGRAPH 22, AND ATTORNEY COLLINS STATED THAT THE CITY REFUSED TO DELETE THIS, AND IF THEY HAVE A LACK OF FAITH IN THE COUNTY PAYING THE BILLS, THEY HAVE THE RIGHT TO IMPLEMENT THIS PARAGRAPH. HE STATED THAT PARAGRAPH 23 RESERVING THE RIGHT OF THE CITY MANAGER TO DECIDE ALL OPERATIONAL QUESTIONS IS STRICTLY OPERATIONAL AND HAS NOTHING TO DO WITH POLICY MAKING, AND HE DOES NOT HAVE ANY PROBLEM WITH IT. HE FURTHER NOTED THAT THE CbUNTY WILL BE PROVIDING A BACK FLOW VALVE, AND HE DID NOT FEEL THE COST IS SUBSTANTIAL. ENGINEER BEINDORF WAS NOT SURE OF THIS, BUT NOTED THAT WE HAVE TO PUT IT IN. MOTION WAS -MADE BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER SIEBERT, TO EXECUTE THIS CONTRACT WITH PARAGRAPH 5 CLARIFIED AND RE- QUESTING A RECONSIDERATION OF PARAGRAPH 22. CHAIRMAN WODTKE QUESTIONED THE PARAGRAPH ON THE TOP OF PAGE 6 ABOUT NO WATER GOING INTO THE CITY'S SYSTEM FROM ANY SOURCE OTHER THAN ITS OWN WELLS, AND ENGINEER BEINDORF POINTED OUT THAT THE CITY DOESN'T WANT MID FLORIDA'S WATER FLOWING BACK INTO THE CITY WATER. THE CHAIRMAN QUESTIONED THE INTEREST RATE ON THE DEPOSIT AND Y` DID NOT FEEL 5% IS REASONABLE AT CURRENT RATES. ATTORNEY COLLINS NOTED THAT LOCAL COMMERCIAL BANKS ARE PAYING 5%, AND ENGINEER BEINDORF FELT IT IS -A STANDARD RETURN. ASSISTANT ADMINISTRATOR NELSON POINTED OUT THAT THE CITY HAS A VERY LARGE BILL AT THE SANITARY LANDFILL, AND WE DON'T CHARGE THEM ANY DEPOSIT. 106 81 -ax 38 %-U-406 . m ATTORNEY COLLINS COMMENTED THAT HE DOES FEEL THE CITY HAS THE RIGHT TO WAIVE THE DEPOSIT, BUT THEY DECIDED NOT TO AND THEIR REASON WAS TO BE CONSISTENT. COMMISSIONER LYONS CALLED FOR THE QUESTION. COMMISSIONER LYONS VOTED IN FAVOR; COMMISSIONERS DEESON, LOY AND SIEBERT; AND CHAIRMAN WODTKE VOTED IN OPPOSITION, AND THE CALL FOR THE QUESTION WAS DEFEATED. DISCUSSION ON THE MOTION RESUMED. CHAIRMAN WODTKE CONTINUED TO DISCUSS PARAGRAPH 5 AND QUESTIONED HOW THE MINIMUM FLOW OF THE WATER WILL BE CONTROLLED AND WHO WILL CONTROL IT. HE ASKED WHAT HAPPENS IF YOU ARE RIGHT AT 200,000 GPD AND YOU WANT TO RESTRICT USING ANY MORE WATER. ENGINEER BEINDORF STATED THERE CAN'T BE ANY RESTRICTION IN THE LINE IN CASE OF AN EMERGENCY, BUT IT WILL BE THE COUNTY IN THE PUMPING AND USING OF THE WELLS WHO CONTROLS THE AMOUNT OF WATER RECEIVED FROM THE CITY. HE STATED THAT IT WILL TAKE SOME TOLERANCES IN WORKING WITH THE PUMPS, BUT IT CAN BE WORKED OUT. HE NOTED THAT WE DO WANT TO HAVE THE WATER CO -MINGLE AS MUCH AS POSSIBLE. COMMISSIONER LOY NOTED THERE WAS .A TYPOGRAPHICAL ERROR ON PAGE 4 WHERE IT STATES THE COUNTY "SHALL PAY EACH BILL ON THE 10TH DAY OF THE INVOICE DATE." SHE FELT "OF" SHOULD BE CHANGED TO "FROM" AND ATTORNEY COLLINS AGREED IT SHOULD BE CHANGED. COMMISSIONER LOY QUESTIONED PARAGRAPH 17 ABOUT PRODUCTION RECORDS, AND COMMISSIONER LYONS FELT THIS. WAS TAKEN FROM THE OLD EMERGENCY CONTRACT WITH MID FLORIDA. COMMISSIONER LOY NOTED THE COUNTY SHOULD BE ON A DIFFERENT BASIS. DISCUSSION CONTINUED AND COMMISSIONER SIEBERT AGREED THAT PARAGRAPH 5 NEEDS TO BE CLARIFIED AND SUGGESTED .THAT PARAGRAPH 10 BE CHANGED TO STATE THAT THE 5% SIMPLE INTEREST PER YEAR BE PAID TO THE COUNTY UNTIL -THIS AGREEMENT IS TERMINATED. HE ALSO DISCUSSED ELIMINATING PARAGRAPH 22. HE FELT WE SHOULD ASK THE CITY TO CONSIDER THESE ITEMS, BUT NOT MAKE APPROVAL OF THE AGREEMENT CONTINGENT UPON THEM. ATTORNEY COLLINS NOTED THAT IN THE SPIRIT OF COOPERATION, THE CITY DID APPROVE THE AGREEMENT CONTINGENT UPON COUNTY APPROVAL. HE FELT IT MIGHT BE BETTER JUST TO FORGET ABOUT PARAGRAPH 22 AND NOT ASK FOR DEC 6 1978. 107 afAx 31 7Lij Y a FURTHER CONSIDERATION OF IT. HE NOTED THAT WE SHOULD GET THIS CONTRACT SIGNED PRIOR TO PURCHASE OF MID FLORIDA, AND THE CLOSING IS SCHEDULED FOR DECEMBER 15TH. IT WAS NOTED THERE IS A MOTION STILL ON THE FLOOR. COMMISSIONER LYONS WITHDREW HIS MOTION AND COMMISSIONER SIEBERT WITHDREW HIS SECOND. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY AUTHORIZED THE CHAIRMAN TO EXECUTE THE TEMPORARY MATER SERVICE AGREEMENT WITH THE CITY, REQUESTING A CLARIFICA— TION-OF PARAGRAPH 5 AND A CLARIFICATION OF PARAGRAPH 10 IN REGARD TO INTEREST ON THE DEPOSIT TO WHOM AND WHEN IT IS TO BE PAID. THE FULLY EXECUTED AGREEMENT HAVING BEEN RECEIVED, IT IS. HEREBY MADE A PART OF THE MINUTES. DEC s 1978 108 - TEMPORARY WATER SERVICE AGREEMENT The CITY OF VERO BEACH, a municipal corporation of the State of Florida, (City), and INDIAN RIVER COUNTY, FLORIDA, (County), hereby agree as follows, this �/ _ day of December, 1978: WHEREAS, County shall provide water to a limited number of customers within a specific service territory adjacent to and south of the city limits of the City, formerly being the franchise area (hereinafter "area") of Mid -Florida Utilities, Inc.; and, WHEREAS, Mid -Florida has experienced customers' demand for water in excess of its well field.capacity, and it is anticipated such excess demand will continue from time to time under.County ownership; and, WHEREAS, the County has requested that the City supply the County a limited quantity of water to supplement the existing well field capacity; and, WHEREAS, the City agrees to supply water only under the terms and conditions as are stated herein; NOW, THEREFORE, the parties hereto agree as follows: 1. The City shall have no responsibility to provide any services to -the "area".(the former service territory of.Mid- Florida) or any of its customers except as specified in this agreement. 2. The City does not guarantee availability of any quantities of water at any pressure for any usage whatsoever, including fire fighting. Service shall be if, as, and when available. 3. Any water to -be provided hereunder by the City shall be subject to the availability of said water in the City's water system utilizing only the City's present well fields, present water treatment plant, and present interface connections with the "area", and shall be available only when said capacity, or any part thereof, can be provided by the City without requiring any of the City's present or future water customers to restrict or curtail, even slightly, their usage of City water. 4. County assumes all responsibility for any and all damage, loss, or destruction to any part or all of the "area's" system, or ab c 38 W to the property of its customers, as a result of water service or lack thereof. County hereby agrees that any and all loss, damage or destruction of all or any part of the "area's" system or its customers' systems, and any of its customers' real or personal property arising out of water, or lack of water, or for. any other loss, damage, or destruction, arising out of service provided under this agreement, or service by the City outside of this agreement, if any, whether of not same results from the sole negligence of the City's.employees or City's agents, shall be the sole responsibility of County. 5. It is expected that the County will utilize at least 100,000 gallons of City water per day during the term of this agreement until same is terminated. The County may utilize as much City water (up to 300,000 gallons per day) as it desires to serve the "area's" customers except on those days that the City demands that the County restrict its usage of City water. The City may demand that the County utilize its wells to the greatest extent possible utilizing City water only to the extent absolutely necessary to meet the demand of the ''area's" customers above the County's ability to serve from water sources other than the City's system. It is expected that such demands will be infrequent and, absent unforeseen circumstances, will generally be limited to those days during the months of April, May, June and July. The service to be provided under this agreement in excess of 200,000 gallons per day is limited to assisting County in meeting its demand above its current or future availability of raw or treated water within or without the "area", and County hereby agrees that it shall, after using 200,000 gallons per.day, utilize its wells to the greatest extent possible and shall utilize the City's water in excess of 200,000 gallons for any day only to the extent absolutely necessary to meet the demand of the limited customers in the "area" above County's ability to serve from water sources other than the City's system. 6. The City shall in no event be required to supply in excess of 300,000 gallons for any one day. subject to annual review of the City.'s costs to provide service, County shall pay the City eighty (80) cents for each 1,000 gallons of each day's first 200,000 gallons, with a minimum daily charge of eighty dollars ($80.00) per day irrespective of usage of less than -2- Df C 6 1978 y 200,000 gallons for each day. In the event that the County's system takes more than 200,000 gallons of water during any day, it shall pay a charge of one dollar and forty cents ($1.40) for each 1,000 gallons over that day's 200,000 gallons. A day shall be from noon to noon. There shall be no averaging or off -sets. Each day shall be a separate and distinct period of time for rate calculations. County shall read City's interface meter(s) at noon of each day and shall deliver the meter readings to the City Manager of Customer Services by 2:00 P.M. each Friday. The City shall review at the end of each service year all accounts which were utilized to establish the initial base rate herein. The County's costs shall be adjusted upward -or downward effective on January 2 of each year based on the results of such review(s). 7. The City has installed a 6" underground water main with appropriate valves and has installed a 4" water meter at 18th Street and 6th Avenue; to temporarily connect the City's water system to the water system of the "area". Title thereto shall remain with the City. The facilities in place on the date of this agreement have been paid for by Mid -Florida under a previous contract between Mid -Florida, the County, and the City. 8. The City has installed an 8" water main with.appropriate valves at 12th Avenue from the south entrance of Vero Mall Shopping Center as a second interface connection point on the "area's" system. Title thereto shall remain with the City. No meter is presently in place. The County may request that this interface be activated at the County's costs, including meter(s). 9. If the City shall provide any materials, supplies, and/or labor for the construction, repair, maintenance, or installation of any water mains and associated parts thereof, to service the "area" or any part thereof, County shall pay to the City, the City's actual supply and material costs (exclusive of meters), plus 10% thereof, and the City's actual labor costs, plus 30% thereof, including labor to provide water meters. The City shall not supply supplies, meters, equipment, or labor, except at interfaces. - 3 - aug 384%Lff to Backflow preventors shall be installed at each. interface at County's expense, including capital costs. 10. County shall, prior to commencement of service, deliver to the City a cashier's check in the amount of $5,000.00 in U.S. currency as a security deposit for all costs of materials, supplies, valves, etc., labor, and water supplied to the "area's" system. Said deposit shall remain with the City at 5% simple interest per year until this agreement is finally terminated. 11. The City will bill the County monthly during the first week of a month for service rendered during the preceding -month. Each bill shall include any applicable material, supplies, etc., and/or labor expenses (plus percentage overrides) incurred by the City on behalf of the County during the preceding billing period(s). Non -emergency expenditures for labor, materials and supplies, etc., in excess of $100.00 shall be subject to the prior written approval of the County Administrator. However, said approval is not required for inspections and testing, noted in paragraph 18, herein. County -shall pay each invoice in full. not later than the 10th day fran the invoice date. All invoices shall be paid in full without off -set or credit of any security deposit or deposits. All security deposits shall be utilized only to off -set the final invoice of this agreement. Contract disputes shall not be a ground or excuse for failure to tender prompt payment of any bill rendered to County by the City under this agreement. 12. County has the right to terminate service hereunder upon giving the City thirty (30) days' advance written notice of such intent, effective at midnight, subject to County's liability for materials, supplies, etc.,• labor, and water utilized by or. on behalf of the "area" to the hour of actual termination of water service. 'Termination of service by request of County or at*the option of the City for good cause or breach of this agreement by the County, shall not release County from any of - its then incurred obligations hereunder. The.County shall not - 4 -3.Q 44 • voluntarily discontinue service without total termination of the contract. 13. This agreement shall not be assigned, transferred, or hypothecated, or otherwise transferred or encumbered, and any such attempts) shall be void ab initio. 14. This agreement shall automatically terminate three (3) years from the effective date of this agreement or the day when the County has the ability to serve the "area",whichever occurs first, without liability of any nature whatsoever by the City, except the duty to refund the balance then due on the security deposit. The service availability of water hereunder is also subject to restriction or total termination by the City upon two (2) hour prior written notice to the County Administrator if the City -'determines in its sole discretion that the service provided hereunder is having a serious detrimental effect on any part of the City's water system or on any of its then existing customers,. health hazards, or physical damage to any part of the City's water system. The City also reserves the right -to restrict flows on twelve (12) hours' oral notice to prevent serious low water pressure on the City's sytem or any part thereof. 15. No officer, official or agent of the City has the power or authority to amend, modify, alter, or add to this agreement or waive any of its terms or conditions or to bind the City by making any promise or representation not contained herein, and no person -shall have any right to rely on any such change or changes. 16. The City will not be responsible for damages due to any interruption or service or failure to supply water and shall be saved and held harmless by.the County from all claims of any kind, nature and.description which may arise as a result of making this agreement or furnishing water hereunder, or curtailment or suspension of water service or any part thereof, including any claim or claims from any third parties, including customers of the "area" or otherwise. _ 17. County shall maintain complete records of the daily production of water from all sources, including the City's system, F �% - 5 - 4 fn and these records shall be available for inspection and copying by the City at all reasonable times. The flow of water shall always be from the City's system to. the County's system. The City shall not wheel any water through its system from any source other than its.own wells or otherwise perform any services which would result in the.comingling of water in the City's lines of water from any water source other than the City's water treatment plant. 18. The City reserves the right to inspect, test, repair, or replace. the facilities noted in paragraphs (7) and (8), above, or any other facilities, if any, hereafter installed for the use and benefit of the "area's" system or any part thereof. Such re- placements or repairs, if any, shall be charged to and paid for by County under the formula stated in paragraph (9), above. If time permits, County shall be advised in advance of such planned expenditures. 19. The water to be supplied hereunder shall be delivered to the County only for the "area's" customers retail end use, and shall not be for resale by any of the County's customers. 20. County shall prevent and protect against excessive use and.waste of water by elevated tank overflows, water main breaks, other leakage, and uses by the "area's" customers, including the watering of lawns. County shall take all steps necessary, in- cluding the enactment of necessary ordinances, rules, and regulations to enforce this paragraph. No additional customers shall be added to the system during the term of this agreement except as required by the five (5) contracts attached hereto, except by prior written consent thereto by the City Council on a case-by-case basis. However, no service shall be for any area outside of the former Mid -Florida service area. 21. The City may either in law or equity, by suit, mandamus or other proceedings, enforce or compel specific performance of any and all of the terms, covenants and conditions herein contained and County shall pay all reasonable attorney's fees for same. 22. To secure prompt payment of the water bills, the City has - 6 - O E C 6 1978 v the right at any time to demand and require County to pay in advance a sum of money as an additional security deposit or deposits estimated by the City to be equal to County's charges due to the City, including charges for excess water, for a period of forty-five (45) days at the contract rate as stated herein, which said advance payment County agrees to pay within thirty- six (36) hours after written demand therefor by the City to the County Administrator. 23. The City reserves the right of its City Manager to decide all operational questions arising as to the proper per- formance of this contract. 24. No customers of County nor any other persons or entities not parties hereto are third -party beneficiaries under this contract and none of them shall have any rights hereunder or any standing to assert any rights, obligations or duties hereunder. 25. County agrees to pay the City reasonable attorney's fees in the event City requires the services of its City Attorney or any other attorney or attorneys to collect any charges or bills rendered to County hereunder or to defend the City or any of its officers or employees, or to otherwise protect the interest of the City, or in the event County violates any of the terms, conditions, or covenants on the part of County herein contained. 26. City reserves the right to'terminate this agreement ' upon the failure of County to fully perform any of the terms, conditions, or covenants herein contained, upon thirty (30) days'. advance written notice to the County Administrator. County shall correct all such non-performance as soon as possible, and not later than sixty (60) days. 27. This agreement shall not become effective until same shall be executed by both parties hereto. IN WITNESS WHEREOF, the duly authorized officials of the City, and the County, have executed this Temporary Water Service Agree- ment in duplicate, any copy of which two may be deemed an original, the date and year first above written.. arm DEC 6 1978 CITY OF VERO BEACH, FLORIDA By Jay A. SmitT, Mayor (Seal) ATTEST: By aryl R StevIgns, City Clerk Approved as to form: '1 omAs C. Palmer, City Attorney INDIAN RIVER COUNTY, FLORIDA By C� Chairman, Board of County Commissioners*.* . (Seal) ATTEST: By Freda Wright, C er the Circu t Court Approved as,to form: 'Gbbrge Co ns, Jr., County Attorney - 8 - -14 'Awl I • AGRrEEMM' TIUS AGREE=7, made and entered into this day of /f ray_, 1974, 1 4 by and between Rethburn and Williema, Inc., herein&fter called the a?evelopor" and td-Floridc Utilities, Inc., a Florida Corporation, here- inafter called "Service CompmW"• • �.ZTi�.:SS°Tiir . k s'" S, Developer owns the rollowiDZ described property known as Trople Grove Condominiums in Indian River County, Florida, to -wits Bain$ lot lA of goro lend Comps Subdivision, recorded in Plat Hook 1,3, Page 19, Public Records of St. Lucia County, noir lying and being in Iridian River County, Florida, and containing 9.7 acres, mare or less. hereinafter referrbd to as "Dervelopar's Property", and is about to develop said land by platting, it or b; constructin& buildings, residences,and/or other improvements thereon= and iriM2Ell;, Service Company is willing. to authorize the construction, installation and uxttension of its eantral water system, and thereafter to operate such uystam so that all buildings and/or residences con- structed on Developer's Property by Developer or by any paraon, firm or corporation holding by., thromgh, or under Developer; raay have furnished to it and to its occupants an adequate domestic water supply, subject to all the terms and conditions of this Agreement. i Low, Tswroii , in consideration of the promises and the mutual under- takings and agreements harein contained and assumed, Developor and Service i COMp=y hereby covenant and agree as followsr 1. Developer hereby grants and gives to Service Company, its successors and assigns, the e►xclusive,.perpetual right, privilege and easement to construct, reconstruct, install, ley, operato, rzirAain, repair, replace, improve, alter, rmove, relocate and inspect water traromission acid dis- tribution mamas pips lines, valves, fire hydranta, connections and appurtenant equilmmit over, across and under the present and future streets, roads, terraces, alleys, and other ;ublic or private placea to be shown on a plat of Developer's Property that in to be recorded_or on Dorolopar'a Property as shown in Water Distribution Layout Plan to be prepared by Beindorf & A580ciatee, Inc., Consulting Engineers (said press hsrei.nafter being called "S&ec mnt Areaz"), together with thm full nae, occupation, end onjoymant th®roof.for the Above described purposes, " &U rights B' A 38 PA" 1. a C 6 197 turd privileges .inc�dental thereto, inoluding the right to inZrosa and agrees to the proparty that ear be described in tho aforosaentione►d Easement Areas. Prior to or simultaneously with the signing of this Agraawnt, or thereafter at the option of Service Company, Developer shall upon the request of Service COMPa Y execute a grant or grants of easam=t, in recordable ,form to be approved by Service CompuM specifically designatin„'the Eas==t Areae granted in this ,aragraph. Nothing contained in this Agrees=t shall prevent Developer or ash- aubaequent owner of Developer's Property from granting exclusive or nor,--excluaive_ rights, privilcages, and/or casements to any other persons for the furnishing of utility services other than water sae provided that Service Cosapany e a use, occupation and enjoyment of its at.-;ements are not interferred with. 2. Pravidod that Developer is not in de: •ult under the teras of this Agreement, Service Company shall authorize :he extanaion of its central water supply.and distribution system (harej.4-:ter called "water ayetem"), and all necessary or required distribution linea to that Daveloper's Property will be provided in the manner herein sat forth with water supply In accordance with plane and specif'i.cationa to b2 prepared by Beindorf & Associates, Inc., Consulting min->mra„and approved by Service Corzpany. Service Company shall not be obligatii to authorize the extension of its litres or to furnish any service to rainy lot or building on Developerts Property to which it does not have aceeev from an Fazeacnt Area. Developer agrees that all filled areas where water facilities may be installed will meet with all goverurlsntal. requirements. Material encountered, whey excavating for the installation of the water system, found not to meet with all governmental or Service Company's requirements shall be rasaoved and replaced with suitable saatarial. 3. Developer agrees that ownership of the water swains and small service Linos up to and including the individuss l water esters, all as shown an .� drawings to be preparod Uy Beindorf and Associates, Inc., Consulting Engineers and approrad bx Service Comparq, shall be deeded to Sorrice Comparyy, ecsmplete with as built drawing, ]Din of Salo, statement of final coot, latter of Affidavit, and Mloaao of Lion, and nhall at all tim*js remain the vole, complmto rand exclusive property of Service Comparq, nnri%'I v DEC 1978 r � b • its succaaoors axil assigns, and candor the exclusive control and operation of Service Corm. All other seater linos on Devoloperra Property, shall be considered service linea and shall be owned exclusivoly by Developer .or its assigns. 1e. It is undoratood and ag=od that the plans, specifications, and eon•• • otruction of all uater facilities installod to serve Develops rs Property ==t meet Service_Companyre standards and shall be subject to the periodic inspection and approval of Service Company, including hydrostatic proasura ; mei!.,. *n. ,s,•U j-essure mains. Prior to acceptance of ownership by Service Ca�nnpbd�Y o� �' facilities to be owned by them, if the water facilities Sail to »at : r~xv. �e Companyl s specifications, or leaks are. identified by Serrice Coml.::.y, •ts shall be the Obligation of Developer or its asstens to correct such d0k,c •ncies and/or leaks irmsdiately. In the event Developer or its mosivfails to correct such deficiencies or leaks within 3o days of notice Service Co=parq shall haTo the right to make the necessary e +; �'!-x'a r-nd justmezxts and to discontiuuo water service uaztil Developer or its -=*U cavkos parymmit to Service Comparq the cost of such repairs. §. Prior_to providing water ser% Service Conpaxy nay require the owner or occupasxt of =W lend with. loveloperls Property to enter into a written service contract or agroemme. for water and/or tiro protection service, and to require payment of Service Company's standard tapping tees for setting individual motors together %dth a reasonable deposit ter guarautoe the payment for such +cervico. 6. Developer shall be responsible for and pap to Service CoMp=y its cost of repairs or any breakaea or other danmgo to the cyst— inztallod by Devolopor and authorized by Service Compsz'4' from tiriro of completion and/or testing of such systeias until eomplation of all buUdinga, roads, paving, drainage and all constructiazx within the right of %-Vp casement area, or adjacent areas. Developer shall, for one (1) year following the date or final accoitanaa of the- wall -'I guarantee Service Company against Leasee resulti.nr, from. latent defects in wAterial.s or improper porforvr►nce of the work uraier the comtmet. Developer shall be hold responsible for correcting m11 such latent defects which aro discovorod within ono (1) yonr from the date of final acce},txuxco of the work, —3 — DEC 1978 9 failing which Service Com , paryr shall melee such repairs and/or replace— ments of defeativo work and Developer shall be liable to sax -doe Co=rany for- their costs arising therefrom. 7. This Agraemraemt shall not in any manner whatsoever, prohibit or provent Service Company from extarsdirnng its Crater facilities in or to arenas not roforred to herein to sorra other developers or consnnurs, so long as said extensions and the furnishing of said servicbs do not in4orfere with the furnishing of tho services provided for by this Agreea— axes::. S. In consideration of Service Company furnishing nineteen (19) one inch {19 waster meters and required overheads, enginaering, inspection and testirz, Developer shall advance toward the cost of the raetera the sun of two thouvrind one hund ad eighty five dollars (52,183.00), and toward the cost of engineering, inspection and testing the sun of one thousand eighty eight dollars (Cl,08!3.00). In addition to these charges daposit for cervico of one hundred fifty dollara (5150.00) will be rogrired asking a total of three thousand four hundred twenty three dollars ($3,423.00) payable: with the signing of this Agreement. 9. Vnits c0n3tructed candor this Agreawnt are not to exceed le t; apart— ment units and one recreation building - totaling 19 b�'t�u. 10. In order to assure the availability of water capacity, all service connections must be completed within_eO j,anths from the date of this Agreez=t. Should these connections not be constructed in this time period, Service Company's :obligation and liability shall terzaimto. 31. Service Company's obligations under this Agreemont aro contingent upon Developer applying for, receiving and turning over to Service Company all necessary approvals from the Florida State Dopartwnt of Health a rA Rethabl.]itative Services, Indian River County and all other necessary governmental agencies and abiding by all provisos required by these e,gw=ios. In addition the providing of service in contingent on receiving all easements required from Developer for the construction of the water syat= candor the teras of this Agreement. 32. The provisions of this Agroeft=t.shall not be eonatrued as. eat&blishing a precedent in connootion with the Amount or b+aeia of oontributione made bJ a Devolopor or other customer or the aaaoeptnnee thereof on the part of DEC 6 im -4- 38PALE 0 DEC 0 1970 -5- I F t b i 38 au 121 Service ConpW for other lands that may be required hereafter by Developer tend whick tyre not presently covered by the within Agrom=t. 33. This Agreement supersedes all previous agremmsnts or representations, either verbal or written, heretofore in effect between Developer and. Service CompnV, made mi.th respoct to the mutters contained herein and 1 when duly executed constitutes the complete Agreement between Developor and Service. ComparW . IN UM7>;r:SS TrW=- F the parties hereto have caused these presents to be executed in manner and form sufficient to bind them as of the day and yoar first ©art forth above. Signed, sealed and delivered i he presence of: Ito 1r.ZLLV►2 I:�. /IA (BF.AL) J-' Atte9t : � _ (�FALj 1 Q KID-FIOLIDA W -IL M, INC. (2,eByl C. D. Overatreret; District N•enrger. DEC 0 1970 -5- I F t b i 38 au 121 Ed t GENERAL. WATERWORKS • CENTRAL FLORIDA DISTRICT 161 WEST CANTON AVENUE • WINTER PARK, FLORIDA 32789 (305) 644.3964 I Mid -Florida Utilities, Inc. Vero Beach, Florida October 20, 1971 Rathbun & Williams, Inc. Re: Water extension to serve: lots Post Office Box 2712 1-12 Blk. 5, lots 1-24 Blk. 6, Vero Beach, Florida 32960 and lots 14-19 Blk. 7, Glendale Park Subdivision, resubdivided Att: Mr. R. L. Rathbun, President to form 28 residential lots in Indian River County, Florida. Dear -Mr. Rathbun: In accordance with your request that we extend our water mains within tapping.. distanca of the above described property, we submit herewith the cost figures for your review. Total extension cost $.6,351.00 Tapping fee ($65,00/connection as required) $ Total required amount $ 6.351.00 Due to changing material and labor costs the foregoing should be considered good for not more than 30 days. This cost anticipates that all water mains and service lines will be installed prior to the bonding or'finish paving work being done in any streets not presently paved; otherwise, all paving costs will be for your account. As soon as you have deposited with us the "Total required amount", we will install the extension as quickly as our current job schedules and procurement of supplies permit. We will gladly refund to you during the next 8 years only, an amount not to -exceed $1,731.00 uti.ch amount represents the "Total extension cost" less 28 connection charges of $1.65.00, depending entirely on the Suture additional. number of metered domestic services for completed buildings occupied by owners or tenants and connected on that part of the extension now paid for by you. Such refund mill be on the basis of: (1) A flat refund of 3 times the first yearts. gross water revenue from each future additional metered service, or, ( ) (2) A flat refund of $100.00 per future additional metered service (�) (Please indicate choice of refund) A MEMBER OF THE INTERNATIONAL UTILITIES GROUP �r f 1 a Rathbun & Williams, Inc. October 20, 1971 Page 2. It is understood by all parties concerned that General Waterworks Corporation -retains full ownership and all rights thereto of all water facilities herein described. Also that General Waterworks Corporation its successors and assigns will be granted, the exclusive, perpetual . rights, privilege, and easement to construct, ieconstruct, install, lay, operate, maintain, repair, replace, improve, alter, remove, relocate, and inspect water transmission and distribution mains, pipelines, lateral lines, valves, connections, and appurtenant equipment over, across and under the reserved utility strips and easements, and other public places, together with the full use, occupation and enjoyment thereof for the above described purposes, and all rights and privileges incidental thereto, including the right to ingress and egress. General Waterworks Corporation will also have the right to extend water mains, installed under this contract, to lands not included in this Agreement. This Agreement is contingent on receiving County Engineer, Florida State Department of Health and Rehabilitative Services, and all other necessary governmental approvals. If this Agreement clearly states our understanding, kindly execute this original letter and return to us. The duplicate is for your files. Very truly yours, GENERAL WATERWOUZ CORPORATION Central Florida District Mid -Florida Utilities, Inc. M. " E., MaLer District Manager bove is agreeable to* Mccc. I,i Yoe. (Pmuw so OaTaqo a-P*Tm) PQJGIM TUUOT14TPPV ejnw xadOD-OoTtf' JO ALT v (a JO OSOTA=9 PWGI= ITZMT3174M QXnW q3ft t=j STMPAW 6=2t VurTj 04, wnl r so pmu" vu -v (I Sidqm O QTmq cq,4 co aq TTp% pmVw tionS *ma Xq _tol P-psd ma d v-.11 UO Polmmmo P=j W.Wmmn a* o A=* CaA-raTq P314ar&= �Joj CWTAXC�a cq pa _ 4M so zzq---m raumTppv wnp.j orl-I ,CqT� So ab2_ MI -I 00 =T 9 BOOT owoveadaz v-ci=v qortn oo*mcr,. Poo= cq qou 1=40= tw I&MO wmf T=Voll A'*� MA am * TPZI--d %.aj*Eddmm jo W=wnDwd pzm CoTnpoqm qor mo Almoro = unguava wzm rr-nam; mA Qx .w-jmbw T-vmm rawla cl,.4. an qTrA Po,,Tscdop *Avq not = =03 L -V -i=,t -WT Gq TM v•a= Zurpod rp rgTywqp fp-vmd -t[W-Ofa-wd '4w alm"W At-- OT G=;) B-TWl rx= -'luTAvd qapzU 10 snpm:t ata c,,,. -W'Vd PnM=rT Oq TTA C=rC GOTAJOZ r= ar.T= ta4VX no -svql VDIMITUTItm ,2co cru -a-otp (3gr =-,I W= Im sol paces P=DPTB m'm r -q -"u-P2SQJQJ Qql GVO* jogai pue raTzelm �o TMIC= TV -40a q= L'IDTCUOI= TRIOS *XDTAOZ X.*4X JOS mzn'Z= 4coo 'n7=tR TPMW Qm '.04,10dmid poqTrjr--p mw;, -,j r-ql JO 00,=Vp MrTddv,4 ur-1,4va GOT= -10,14=4 -mo pui3l= anvq,4 4catlbw ar.-Lc qvA CaLrvxo=v al :8TROT O�l agoa VPTWU 6AITM(* -ta&,m '14wa wrpvmzry vzoa s -M ,a P= L a Wt 0=62 Cr4 traW=1=6 A'MAIA :09 TM Imiou tpccoltrm 11-ICUIS 00MV.1 *a ALM rL6T OC AN WPM 4fq=Qq C)VVA i a SII _ �I j IL a Mr. inrr7 E. Lewin MY -1, 1973 rap Z. i• It is nsnd taod by &U parties c oncomed that General. Yat-mcrkE CczpcyxMLion rctaizza AtU evnarship and all rigtts thcxuto of all caster j rarM-Uie:s lrerein dee-OrD.*cd. Also thrt Cranarm. Watcroxim GoxWraticn j its esu^.=csvrs and a=i&ns %dU be rated, the axclusivo, pnrpetuai pelvi1em, and a a:!c twosw�ccn.s.atruc�t, reconzi4mct, inst&U, �.t IDLY, cjSa2ate, t'_ l ti'�r1, repair, rcp].�e:, im'7=vm, altar, r cmwyo, mlocatn, Jay, o'msA 1^ 1.e p3e.�.�x- t`�yyR��'��'ttmr—si .tsion�/=A diattyr^..w'Lb�.r'..ion r.-Ans,/ jAps?linea�, lateral I.i.i�Y, �.VN, 4ry'.: mtI==., � 4r mant .�. i • nL mar, ac=e aml w4sr the rvommad s��tiliW atrips aW ea==ntz, =2d othor }clic plaa= together with tbv Y'u]l =c, occupation and egjaj=t tharooi for tha i abmm do -scribed parro-zca, e.:i c1l rIZ.hts and pri,ileg-= irridenlbal thexe-- to, lxicl-ndir..g tim right to in,"ais and ri rws. Gyral W tor^iorlm Corporationtdl]. alzo have the r:�.gitr_L�'to cmxtend! we�c'wG,er rm , installed lled t1t1 7� uuIer Vi is Contract, W lzdQ � irYm In this A&m=nt. ♦ t i Thio A.gmm.--s is mutim-°_tt on rewivz1. ; Comtr EnSimcr, Florjda State Itl i Dopaxtmnt of 11for.Ith and uh::3c3.33.ta tive S= icm, awl ra2l othzr mcesr=7 v ialr+a�sz�av�+.laa. t TS tb5z i1q,,�r°'v:Qt.mut clearly a atm oar mAerutwxUmg, kLndly wJCCL•te t1da arigina7. 3.c'st*r ural re um to rn. The duplicate is. ror 3mur f1los. p. vat�rt�{+�,ri,s� V**r*47 yw=may tv RyTIM Co. -Aral �ictMW- �.,Flamiid ,DIst JJ� xida 4:.11f. oa, Inc.J D. P. NvaWsi M atriiat 1bmgmr The Rte. la LYayle ♦ o ' ! • 2 .. S. s \ / • �� . i J ..- w= . DEC 0 1978 • KGR&D1iL::.": THIS AGREEMENT, made and entered into this _/day or 197 by and between Pan American Engineering Co., hereinafter called the "Developer', and 111d -Florida Utilities, Inc., a Florf.da Corporation hereinafter called "Service Company". WITNE5SET11: WHEREAS, Developer owns the following describe, property in Indllan River County, Florida, to: -wit: All that part of the Mft of the NEJ of Section 13, .ownship 33 South, Range 39 East, Ding 'West. of the -West right of way of the Florida East Coast Rpilway, containing 15 acres, more or less, aw;4 land situate, ping and being in Indian River County, Florida and Beginning.at the NW corner of the SE4 of of Section 13 Township 33 South, Range 39 East, thence run East 1320 feet, .., to the NE corner.of said quarter; thence 1.20 feet South, thence West 1320 fee. , thence North 120 feet to the point of beginning, containing 3.64 acres mo:e or less; Excepting lots 15 and 16 of Block 2; Lots 17, .3.and 19 of Block 3; Lots 1, 5 and 7 of Block 4; and lots 2, 3 and 6 of Bloc•: 5,.Gloria Gardens, according to plat; -filed in the office of the Clerk of the Circuit Court of St. Lucie County, Florida, in plat Book 5, page 33. hereinafter referred to as "Developer's Property", and is about to develop said land by platting it or by constructing buildings, residences, and/or other improvements thereon; and WHEREAS, Service Company is willing to ,.athorize the construction, installation and extension of its central water system-, and thereafter to operate such system so that all buildings and/or residences constructed on Developer's Property by Developer or by any person, firm or coproration holding by, through, or under Developer, may have furnished to it and to its occupants an adequate domestic water supply, subject to all the terms and conditions of this Agree-nent. NOW; THEREFORE, in consideration of the premises and the mutual undertakings and agreements herein contained and assumed, Developer and Service Company hereby covenant and agree as follows: 1. Developer hereby grants and gives to Service Company, its successors and assigns, the exclusive, perpetual right, privilege and easement to construct, reconstruct, install, lay, operate, maintain, repair, replace, improve, alter, remove, relocate and inspect water transmission and distribution mains, pipe lines, valves, connections and appurtenant equipment over, across and under the present and future streets, roads, terraces, alleys, and other public or private places to be shown on a plat of Developer's Property that is to be recorded or on Developer's Property as shown in Water Distribution Layout J . na 38 126 F - Planh to be prepared by Service Company (said areas hereinafter being called "Easement Areas"), together with the full use, occupation, and enjoyment thereof for the above described purposes, and all rights and privileges incident thereto, including the right to ingress and egress to the property that may be described in the aforementioned Easement Areas. Prior to or simultaneously with the signing of this Agreement, or thereafter at the option of Service Company, Developer shall upon the request of Service Company execute a grant or grants of easement, in recordable form to be approved by Sarn.3ca Company, specifically designating the Easement Areas granted in this paragraph. Nothing contained in this Agreement shall prevent Developer or any subsequent owner of Developerts Property from granting exclusive or non—exclusive rights, privileges, and/or easements to any other persons. for the furnishing of utility 'services other than water service, provided that Service Companyis use, occupation and enjoyment of its easements are not interferred with. 2. Provided that Developer is not in default under the terms of this Agreement, Service Company shall authorize the extension of its central water supply and distribution system (hereinafter called "Water System"), and all necessary or required distribution lines so that Developer=s Property will be provided in the manner herein set forth with water supply in accordance with plans and specifications to be prepared by Service Company. 'Service Company shall not be obligated to authorize the extension of its lines or to furnish any service to any lot or building on Developer's Property to which it does not have access from an Easement Area. Developer agrees that all filled areas where water facilities may be installed will meet with all governmental requirements. Material encountered, when excavating for the installation of the water system, found not to meet with, all govern— mental or Service Company's requirements shall be removed and replaced with suitable material. 3. Developer agrees that ownership of the water mains and small service lines .up to and including the individual water meters, all as shown on drawings to be prepared by Service Company, shall be deeded to Service Company, complete with as built drawing, Bill of. Sale, statement of final cost, Lotter of Affidavit, and Release of Lien, and shall at all times remain the sole, complete, and exclusive property of Service Company, its successors and assigns, and under the exclusive control and operation of Service Company. All other - 2- na 38 fealV N ti water linea on Developerts Property, shall be considered service linos and -shall be owned exclusively by Developer or its assigns. 4. It is understood and agreed that the plans, specifications, and con- struction of all water facilities installed to serve Developer's Property must meet Service Company's standards and shall be subject to the periodic inspection and approval of Service Company,including hydrostatic 'pressure tests on all pressure mains. Prior to acceptance of ownership by Service Company of these facilities to be owned by them, if the water facilities fail to meet Service Company's specifications, or leaks are identified by Service Company, it shall be the obligation of Developer or its assigns to correct such deficiencies and/or leaks immediately. In the event Developer or its assigns fails to correct such deficiencies or leaks within 30 -days of notice, Service Company shall have the right to make the necessary repairs and adjustments and to discontinue water service until Developer or its assi.ns makes payment to Service Company the cost of such repairs. 5. Prior to providing water service, Service Company may require the owner or occupant of any land within Developer's Property to enter into a written service contract or agreement for water service, and to require payment of Service Company's standard tapping fees for setting individual meters together with a reasonable deposit to guarantee the payment for such service. 6. Developer shall be responsible for and pay to Service Company its cost of repairs of any breakage or other damage to the systems installed by Developer ;:t_`! authorized. by Service Company from time of completion and/or testing of such systems until completion of all buildings, roads, paving, drainage and all construction within the right-of-way, easement area, or adjacent areas. Developer shall, for one (1) year following the date of final acceptance of the work, guarantee Service Company against losses resulting from latent defects in materials or improper performance of the work under the contract. Developer shall be held responsible for correcting all such latent defects which are discovered within one (1) year from the date of final acceptance of the work, failing which, Service Company shall make such repairs and/or replacements of 'defective work and Developer shall be liable to Service Company for their costs arising therefrom. 7. This Agreement shall not in any manner whatsoever, prohibit or provent Service Company from extending its water facilities in or to areas not re- ferred to herein to serve other dovolopors or consumers, so long as said extensions and the furnishing of said r,orvicos do not interfere with the R C C 1978 r furnishing of the . vices provided for by this Ag. �acnt. S. In consideration of Service Company furnishing two 211 water meters and required engineering, inspection and testing, Developer shall advance toward the cost of the meters the sum of three hundred sixty three dollars ($363.00) and toward the cost of engineering, inspection, and testing the aum of one hundred fifty dollars ($150.00). The total, five hundred thirteen dollars ($513.00) is to be paid tirith the signing of this Agreement. 9. Providing all other conditions of this Agreement are fulfilled, Service Company shall refund all or part of the cost of the water mains installed pursuant to the terms of this Agreement as supported by final Developer*s rt- ^ r,,-7*vdiF ff or the water mains to be owned by Service Company, not to exceed Lij, ;:hve-!;&&gra. V4;u!e ~::d eighty two dollars ($2,982.00), which includes two thousand rftns hzm l ninety seven dollars ($2,997.00) main installation, plus one hundred fii y dollars ($150.00) engineering charges, less one hundred sixty five dollars ($1• • 00) non-refundable portion of total extension cost. Refunds shall be based of ',xture additional metered services for bonafide occupant consumers on tl!,-.t . ^t of the water system paid for by Developer. Service Company's obligations ier this Agreement.for refunds shall be for future additional metered servic, over and above the two (2) two inch (211) meters being installed at this tim, installed within an eight year period commencing with the date of this Agra gent and shall be paid one time only for each future additional metered Beryl :q, computed and paid annually. Refunds shall be on the basis of: (a) A flat refund of $100.00 for each future additional metered service . ( ) or, (b) An amount equal to three times the first year's gross revenue for each future additional metered Bel -vice. (�) (Indicate choise of refund) . 10. The provisions of this Agreement shall not be construed as• establishing a precedent in connection with the amount or basis of contributions made by a developer or other customer or the acceptance thereof on the part of Service Company for other lands that may be required hereafter by Developer and which are not presently covered by the. within Agreement. 31. This Agreement supersedes all prdvious agreements or representations, either verbal or written, heretofore in effect between Developer and Service Company, made with respect to the matters contained heroin and when duly 8UOX 38 PAVE leg executed constitutes the complete Agreement between Developer and Service Company. IN WITNESS WHEREOF the parties hereto have caused these presents to be executed in manner and form vufficient to bind them as of the day and year first set forth above. Signed, scaled and delivered *in the presence of: PAN A14MICAN M.'GIk'Eh=G COMPANY By !'ttest: MID -1 UTILITIES, INC. r BY: hllr - L. Maurdr, Vice President DEC 0, 1978 - 5 - nox 38 PA.G430 .4 GENERAL WATEhWORKS CENTRAL FLORIDA DISTIket:T 161 WEST CANTON AVENUE • WINTER PARK. FLORIDA 32789 • (305) 644-3964 Mid Florida Utilities, Inc. Vero Beach, Florida November 8, 1973 Taylor Construction Company 775 loth Ave. r Vero Beach, Fla. 32960 ✓ ✓ n-`, Rea Water extension to serve Blk. 2 Lots 18, 19, 20 Glendale Park S/D, Indian.River County, Florida Gentlemen: In accordance with your request that we extend our water mains within tapping distance of the above described property, we submit herewith the cost figures for your review. Total extension cost $1.885.00 Tapping fee ($65.00/conn., as required) Total amount required $1,885.00 Due to changing material and labor costs the foregoing should .be considered good for not more than 30 days. This cost anticipates that all water mains and service lines will be installed prior to the bonding or finish paving work being done in any streets not presently paved; otherwise, all paving costs will be for your account. As soon as you have deposited with us the "Total amount required", we will install the extension as quickly as our current job schedules and procurement of supplies permit. We will gladly, refund to you during the next 8 years only, an amount not to exceed $1,390, which amount represents the "Total extension cost less 3 -connection charges of $165.00, depending entirely on the future additional number of metered domestic ser- vices for completed buildings occupied by owners or tenants and connected on that part of the extension now paid for by you. Such refund will be on the basis of: 1) A flat refund of 3 times the first yearls gross water revenue from each future additional metered service, or ( ) 2) A flat refund of $100.00 per future additional metered service ( } (Indicate choice of refund) A MEMRER OF THC INTERNATIONAL UTILITIES GROUP DEC 6 1978 Ba 38 fn -43i i y Mill ,0,. .. Taylor Const. Co. November 8, 1973 Page 2. It is understood by all parties concerned that General Waterworks Corporation retains full ownership and all rights thereto of all water facilities herein described. Also that General. Waterworks Corporation its successors and assigns will be granted, the exclusive, .perpetual rights, privilege, and easement to construct, reconstruct, install, lay, operate, maintain, repair, replace, improve, alter, remove, relocate, and inspect water transmission and distribution mains, pipelines, lateral lines, valves, connections, and appurtenant equipment over, across and under the reserved utility strips and easements, and other public places, together with the full use, occupation and enjoyment thereof for the above described purposes, and all rights and privileges incidental thereto, including the right to ingress and egress. General Waterworks Corporation will also have the right to extend water mains, installed under this contract, to lands not included in this Agreement. This Agreement -is contingent on receiving County Engineer, Florida State Department of Health and Rehabilitative Services, and all other necessary governmental approvals. Physical connection of these water facil9.ties cannot be authorized until certification by -the Department of Health has been received approving the completion of the upgrooving of our water plant. If this Agreement clearly states -our understanding, kindly execute this original letter and return to us. The duplicate is for your files. Very truly yours, GENERAL WATEMIORKS CORPORATION Central Florida District Mid -Florida utilities, Inc. D. P. Walsh District Manager The above is agreeable to: U. V (VB -824) ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT A REQUEST, HAS BEEN RECEIVED FROM CITY MANAGER LITTLE FOR THE RADIOS TAKEN FROM THE CARS PREVIOUSLY USED BY THE BUILDING 9 ZONING DEPARTMENTS. LETTER FROM CITY MANAGER LITTLE MAKING THIS REQUEST IS AS FOLLOWS: City of Vero Beach A & BOK 130 - 1033 - 20th PIACB VERO BEACH, FLORIDA - 32960 Td*bm 567-513t OIP.Ci Or TMC CITY MANAOBR November 8, Mr. Jack G. Jennings County Administrator Indian River County Courthouse 2145 14th Avenue Vero Beach, Florida Re: Mobile Radios in Building & Zoning Vehicles Dear Jack:• Ester Rymer has been having discussions with Robert Donlon regarding the disposition of mobile radios owned by the County which are currently installed in vehicles which have been taken out of service. These radios have some useful life but will require an expen- sive crystal change -IT they are used on any frequency other than the assigned City frequency. Pertinent data as follows: Located at County Garage County #2801 Motorola S# G.E. 804K County #2100 Motorola S# KEO 523 County #2102 G.E. S# 2460084 Located in City Warehouse .S# U73MHT-100B S# G.E. 805K Ester Rymer can furnish history of current situation. Please call her. We would ask your consideration of transfer of these units to the City for use in Public Works and Water/Sewer. We would also consider the purchase of same at depreciated or appraised value. Please advise. Thanks. Very truly yours, J. V. Lit le City Manager 133 r:u6.. CHAIRMAN WODTKE ASKED IF THESE RADIOS COULDN'T HAVE BEEN USED IN THE NEW CARS JUST PURCHASED, AND THE ADMINISTRATOR FELT THEY COULD HAVE, BUT POINTED OUT THAT THE QLD CARS WERE. IN SERVICE WHEN THE NEW ONES WERE ORDERED. HE NOTED THAT THE'CITY HAS STATED THEY WOULD CONSIDER PURCHASING THE RADIOS AT THE DEPRECIATED VALUE. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY DECLARED THE SAID MOBILE RADIOS SURPLUS AND INSTRUCTED THAT THEY BE REMOVED FROM THE COUNTY INVENTORY AND OFFERED TO THE CITY OF VERO BEACH. THE BOARD NEXT DISCUSSED LETTER FROM J. LEWIS GREENE, DIRECTOR OF PUBLIC WORKS FOR THE CITY OF VERO BEACH, REQUESTING THAT THE•COUNTY PARTICIPATE IN THE DEVELOPMENT OF SOUTH BEACH PARK BY GUARANTEEING TO PROVIDE $75,000 CASH AND IN-KIND SERVICES. COMMISSIONER $IEBERT STATED THAT IF THE COUNTY IS GOING TO SPEND THESE MONIES TO DEVELOP AN OCEAN FRONT PARK, HE FELT IT SHOULD BE SOMEWHERE ELSE; NAMELY, WABASSO BEACH. HE POINTED OUT THAT THE CITY HAS THE ONLY DEVELOPED BEACHES IN THE WHOLE COUNTY. COMMISSIONER LYONS NOTED THAT THE COUNTY WAS VERY INSTRUMENTAL IN THE ORIGINAL ACQUISITION OF THIS PARK AND FELT IT WOULD ONLY BE FITTING TO CARRY THE PROJECT TO COMPLETION. COMMISSIONER $IEBERT INFORMED HIM THAT THE MINUTES STATE THAT THE PARK WAS TO BE LEFT IN A TOTAL NATURAL STATE, AND IN ADDITION, STATED • THAT HE ORIGINALLY WAS OPPOSED TO THE COUNTY'S PARTICIPATION IN THE PURCHASE BECAUSE THE UNINCORPORATED AREAS NEED PARKS. CHAIRMAN WODTKE NOTED THAT COUNCILMAN GREGG MADE A STATEMENT THAT HE UNDERSTOOD THE COUNTY'S PARTICIPATION WAS ONLY IN THE PURCHASE. HE CONTINUED THAT HE FELT WE WOULD BE SEVERELY CRITICIZED IF WE DO THIS TYPE OF A PROJECT WHEN THE CITIZENS HAVE INDICATED THEY DO NOT WANT A TOURIST TAX WHICH WOULD HAVE HANDLED THIS TYPE OF PROJECT. COMMISSIONER Loy POINTED OUT THAT THE COUNTY HAS TWO LARGE COMMITMENTS RIGHT NOW; ONE IS WABASSO BEACH, AND THE SECOND IS THE TRACKING STATION LAND. WITH OUR BUDGETARY RESTRICTIONS AT THIS TIME, AND THE OTHER MATTERS THAT THE COUNTY IS INVOLVED WITH, NAMELY SEWER AND WATER, SHE FELT WE ARE AT THIS PARTICULAR POINT RIGHT ON THE LINE WITH OUR BUDGET. 134 :;g 38� DEC ��� f 9 COMMISSIONER LYONS INQUIRED IF HER REASON THEN WAS THAT THE COUNTY DOES NOT HAVE SUFFICIENT FUNDS TO FINANCE THE SOUTH BEACH PARK PROJECT. COMMISSIONER Loy STATED THAT'WE HAVE TWO COUNTY PROJECTS THAT HAVE PRIORITY.OVER IT. COMMISSIONER SIEBERT REITERATED THAT THE RESIDENTS OF THE CITY DO HAVE SOME NICELY DEVELOPED PARKS, BUT THE REST OF THE COUNTY DOES NOT, AND THE NEAREST DEVELOPED PARK THE NORTH COUNTY HAS IS LOCATED IN THE CITY OF VERO BEACH. ON MOTION BY'COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT, COMMISSIONER LYONS VOTED IN OPPOSITION, THE BOARD REGRETFULLY DECLINED THE REQUEST OF THE CITY OF VERO BEACH TO PARTICIPATE IN THE DEVELOPMENT OF THE.SOUTH BEACH PARK AS OUTLINED IN MEMO FROM MR. GREEN OF OCTOBER 31, 1978. ATTORNEY COLLINS DISCUSSED A PROPOSED FIRE TRUCK LEASE WHICH THE TOWN OF INDIAN RIVER SHORES AND THE CITY OF VERO BEACH ARE TRYING TO WORK OUT SO THEY CAN BETTER UTILIZE THE EQUIPMENT THAT IS PRESENTLY IN THE COUNTY, SPECIFICALLY THE 1,000 GALLON PER MINUTE 1975 PUMPER. HE CONTINUED THAT IT HAS BEEN PROPOSED THAT A LEASE AGREEMENT BE ENTERED INTO BETWEEN THEM FOR A PERIOD OF 8 YEARS WHEREBY A LEASE PAYMENT OF $5,000 WOULD BE PAID ANNUALLY AND AT THE END OF THE 8 YEAR TERM, THE TITLE WOULD BE VESTED IN THE CITY OF VERO BEACH. ATTORNEY COLLINS NOTED THAT WE ARE AT THIS TIME TRYING TO ESTABLISH SOME MUNICIPAL FIRE DIS`fRICTS BOTH IN THE NORTH AND SOUTH COUNTY AND HE FELT THE FIRST QUESTION TO BE CONSIDERED IS WHETHER THE TOWN OF INDIAN RIVER SHORES HAS THE RIGHT TO ENTER INTO THE PROPOSED LEASE AND WHETHER THE COUNTY DOES HAVE AN INTEREST IN THE FIRE TRUCK, HE NOTED THAT THE NOVEMBER 5, 1975 AGREEMENT WITH THE TOWN GRANTED THE COUNTY THE RIGHT TO LEASE FOR A PERIOD OF 99 YEARS THE EQUIPMENT THEN HELD BY THE TOWN AND A SUBSEQUENT CONTRACT INCORPORATED OTHER EQUIPMENT OWNED BY THE TOWN OF INDIAN RIVER SHORES. HE STATED THAT HIS INTERPRETATION IS THAT THIS 1,000 GPM PUMPER IS INCLUDED IN THESE AGREEMENTS, WHICH AGREEMENTS WERE BASED ON EQUITY CONTRIBUTIONS MADE TO THE TOWN - THE ONE FOR CONSTRUCTION OF THE FIRE STATION AND THE SECOND FOR PURCHASE OF THE LADDER TRUCK AND OTHER EQUIPMENT. 135 81'a pAn135 1 COMMISSIONER SIEBERT STATED THAT THE PROPOSED LEASE IS CERTAINLY NOT ACCEPTABLE TO HIM BECAUSE IT ALLOWS THE TOWN OF INDIAN RIVER SHORES TO SELL A PIECE OF EQUIPMENT THAT THE COUNTY MAY POSSIBLY UTILIZE AT SOME PERIOD OF TIME. HE FELT THE TOWN SHOULD JUST LEASE THE TRUCK TO THE CITY ON AN ANNUAL BAS -IB AND STATE THAT AT THE TIME THE TOWN HAS THE RIGHT TO DISPOSE OF THE`EQUIPMENT,..THEY WILL APPLY THE LEASE PAYMENTS TO THE COST OF THE TRUCK. IN THAT MANNER THE CITY WOULD HAVE THE USE OF THE TRUCK, AND THE COUNTY WOULD NOT GIVE UP THEIR RIGHTS. CHAIRMAN 14ODTKE AGREED THAT HE DOES NOT WANT TO APPROVE ANY CONTRACT THAT WILL TAKE AWAY A PIECE OF EQUIPMENT WE MIGHT EVENTUALLY NEED FOR A COUNTY FIRE PROTECTION 'SYS*-'* o - COMMISSIONER LYONS NOTED THERE IS NO SENSE IN HAVING -THE EQUIPMENT LYING UP THERE AND NOT BEING USED FOR FIRE PROTECTION AT THE PRESENT TIME. HE FELT THERE MUST BE A WAY TO WORK THIS OUT. CHAIRMAN WODTKE POINTED OUT THAT WE ADVISED THE TOWN OF INDIAN RIVER SHORES THAT THE COUNTY HAD NO OBJECTION TO ALLOWING THE CITY TO USE THAT TRUCK, AND COMMISSIONER SIEBERT FURTHER NOTED THAT UNDER THE PROPOSED -LEASE, THE TOWN WOULD GET THEIR EQUITY BACK AND THE COUNTY WOULD GET NOTHING. ATTORNEY COLLINS FELT THERE IS NO PROBLEM WITH THE TOWN LEASING TO THE CITY IF THE COUNTY DOESN'T LOSE THEIR OPTION AND STATED HE WOULD HAVE NO OBJECTION TO THEIR ENTERING INTO A SHORT TERM LEASE. CHAIRMAN WODTKE FURTHER NOTED THAT THE TRUCK HAS BEEN PAID FOR ONCE, -AND QUESTIONED WHY SHOULD ONE MUNICIPALITY PAY ANOTHER? COMMISSIONER LOY AGREED THAT THE CITY NEEDS A PUMPER AND COULD NOT UNDERSTAND WHY THE TOWN SHOULD CHARGE THEM ANYTHING. SHE DISCUSSED USE OF THE TRUCK ON AN EMERGENCY BASIS, AND IT WAS NOTED THAT THIS MUST BE ALLOWED, BUT THE EQUIPMENT IS NOT HANDILY LOCATED IF IT REMAINS IN INDIAN RIVER SHORES. COMMISSIONER SIEBERT STATED THAT HE HAS NO OBJECTION TO ANY AGREEMENT THAT DOES NOT PASS TITLE. HE NOTED THAT WE ARE IN LITIGATION ON THIS MATTER IN ANY EVENT, AND WE DO NOT WANT TO BE INCONSISTENT WITH OUR POSITION. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER SIEBERT,'THE BOARD UNANIMOUSLY AUTHORIZED THE CHAIRMAN TO NOTIFY THE 136 38 PAGa 136 DEC 0 1978 h :' CITY OF VERO BEACH AND THE TOWN OF INDIAN RIVER SHORES THAT WE ARE NOT IN A POSITION TO APPROVE THE FIRE TRUCK LEASE BETWEEN THEM SINCE THE TOWN OF INDIAN RLVER SHORES IS NOT IN A POSITION TO PASS TITLE BECAUSE -OF THE OPTION THE COUNTY HAS UNDER PREVIOUS AGREEMENTS BETWEEN THE COUNTY AND THE TOWN OF INDIAN RIVER SHORES; THE COUNTY, HOWEVER, WOULD ENCOURAGE TEMPORARY ARRANGEMENTS BEING MADE BETWEEN THE TOWN OF INDIAN RIVER SHORES AND THE CITY OF VERO BEACH THAT WOULD ALLOW FULL UTILIZATION OF THIS EQUIPMENT AND WOULD MAINTAIN THE COUNTY'S OPTION IN THE EVENT OF A COUNTY FIRE CONTROL PROGRAM. ADMINISTRATOR JENNINGS REPORTED THAT THEY HAVE EVALUATED THE BIDS RECEIVED ON THE TRUCK AND HOIST UNIT AND WOULD RECOMMEND THAT THE BID BE AWARDED TO SOUTHLAND EQUIPMENT CORPORATION WHO WAS THE LOW BIDDER IN THE AMOUNT OF $41,746.00. IT WAS NOTED THAT THEY BID ANOTHER UNIT EVEN LOWER, BUT THE ASSISTANT ADMINISTRATOR STATED THAT IT DID NOT HAVE THE 30,000 LB. CAPACITY NEEDED TO MEET REQUIREMENTS. ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER LYONS, THE BOARD UNANIMOUSLY ACCEPTED THE BID OF SOUTHLAND EQUIPMENT CORPORATION FOR A TRUCK & HOFST UNIT, FORD LT -8000 E -Z PACK R.T.F.-50, AS BEING THE LOWEST AND BEST BID MEETING SPECIFICATIONS, IN THE AMOUNT OF $41,746.00. CHAIRMAN WODTKE ASKED IF THIS IS TO BE PAID FOR.OUT OF THE LANDFILL ACCOUNT, AND MR. NELSON STATED THAT IT IS. ASSISTANT ADMINISTRATOR NELSON INFORMED THE BOARD THAT HE CONTACTED DON COPELAND OF SIGNAL CONSTRUCTION COMPANY, AND HE WAS IN AGREEMENT WITH THE SUGGESTED CHANGES FOR THE TRAFFIC CONTROL MAINTENANCE AGREEMENT, WHICH THE BOARD APPROVED EARLIER TODAY. MR. NELSON REPORTED THAT "PRE-EMPTION" IS A DEVICE USED IN CONNECTION WITH.THE RAILROAD; WHEN A TRAIN COMES, IT PRE-EMPTS THE REGULAR SIGNAL. HE CONTINUED THAT MR. COPELAND INFORMED HIM THAT THE INSURANCE IS THE SAME AS HE HAS IN ALL OTHER COUNTIES, AND HE FEELS IT IS SUFFICIENT COVERAGE. IN DISCUSSION, IT WAS NOTED THAT THIS ACTUALLY IS $300,000 MORE COVERAGE THAN WE HAVE HAD IN THE PAST. THE TRAFFIC CONTROL MAINTENANCE AGREEMENT WILL BE MADE A PART OF THE MINUTES WHEN CORRECTED AND FULLY EXECUTED. 137. is COMMISSIONER Loy STATED THAT SHE IS CONCERNED ABOUT WHERE WE STAND IN REGARD TO LIFTING THE MORATORIUM ON SEWER AND.WATER FRANCHISES WHICH WE SET IN JULY FOR APPROXIMATELY SIX MONTHS. SHE NOTED*THAT WE ARE WAITING FOR ENGINEERING REPORTS, AND WONDERED WHAT THE POSSIBILITY IS OF US ACTUALLY LIFTING*THIS MORATORIUM IN .JANUARY OR WHETHER IT WILL BE NECESSARY TO EXTEND IT A LITTLE LONGER. ATTORNEY COLLINS STATED THAT PROCEDURALLY IT TERMINATES AT THE END OF SIX MONTHS UNLESS IT IS REINSTATED BY ANOTHER ORDINANCE, IN DISCUSSION IT WAS NOTED THAT THE REPORT FROM GERAGHTY & MILLER IS DUE SOMETIME IN FEBRUARY, HOWEVER, IT WAS FELT THAT THE SOUTH COUNTY WILL BE REVIEWED IN STAGES AND NOT THE WHOLE AREA AT ONE TIME. .COMMISSIONER SIEBERT FELT WE SHOULD CHANGE OUR FRANCHISE REGULATIONS. FOR INSTANCE, IF SOMEONE WANTS TO PUT IN A TREATMENT FACILITY, THEY SHOULD DO IT AT THEIR OWN RISK AND WE DON'T HAVE TO BUY IT BACK. ALSO, IF THEY DO BUILD ONE AND GET IN VIOLATION OF DER REGU- LATIONS, THE COUNTY SHOULD HAVE THE RIGHT TO GO IN, PUT A LIEN ON IT, AND FIX IT. CHAIRMAN WODTKE AGREED WE MUST HAVE SOME OPTIONS. ATTORNEY COLLINS EXPRESSED CONCERN ABOUT THE TIME COMING WHEN WE HAVE TO GO TO SOME OF THESE DEVELOPERS AND ASK THEM TO TURN OVER THEIR SYSTEMS. HE FELT SOME WILL AND SOME WONT. HE BROUGHT UP THE POSSI- BILITY OF HAVING THE DEVELOPER CONSTRUCT THE INTERNAL SYSTEM AND THEN CONVEY THAT TO THE COUNTY FOR THE COUNTY TO LEASE IT BACK TO THEM DURING D THE INTERIM PERIOD OF TIME. HE NOTED THAT IN THIS WAY WE ACCOMPLISH OWNERSHIP AND AVOID POTENTIAL LEGAL BATTLES LATER. HE REQUESTED THE BOARD TO GIVE THIS SOME CONSIDERATION. COMMISSIONER.Loy STATED THAT SHE IS GREATLY CONCERNED THAT WE .ARE GOING TO BE FLOODED WITH REQUESTS FOR NEW FRANCHISES, EXTENSIONS, ETC., AND WONDERED IF WE ARE GOING TO BE PREPARED TO HANDLE THIS BY THE FIRST OF .JANUARY. COMMISSIONER SIEBERT NOTED THAT IF WE WANT TO EXTEND THE MORATORIUM WE NEED TO ADVERTISE A PUBLIC HEARING ON THE NECESSARY ORDI- NANCE. HE NOTED WE ALREADY HAVE A HEARING ON A SEWER AND WATER FRANCHISE SCHEDULED BY MITCHELL BUILDERS ON DECEMBER 20TH ABOUT WHICH HE IS CONCERNED. 138 L.it� 8 PAGE+J ATTORNEY COLLINS NOTED THAT THE ORDINANCE ALLOWS EXISTING OWNERS TO APPLY, BUT HE FELT THE OWNER IN QUESTION HAS APPLIED IN A MANNER THAT WAS NOT COVERED IN THE ORDINANCE. HE STATED THAT IT APPEARS HE HAS ASKED A FRANCHISE HOLDER NEAR -HIM TO PROVIDE SERVICE AND APPARENTLY THE REQUEST.IS TO AMEND THE NEARBY FRANCHISE TO INCREASE THE LAND AREA IN THE FRANCHISE. IN DISCUSSION IT WAS POINTED OUT THAT THIS IS NOT ALLOWED UNDER THE ORDINANCE. ON LOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY AGREED TO CANCEL THE PUBLIC HEARING SCHEDULED ON DECEMBER 20TH WHICH WAS ADVERTISED TO AMEND RESOLUTION 75-66 CUSTOMER SERVICE, INC., SEWER & WATER FRANCHISE, ON THE BASIS THAT THE MORATORIUM PROHIBITS EXPANSION OF AN EXISTING FRANCHISE AND TO GIVE THE PROPER ATTORNEY NOTIFICATION OF THE CANCELLATION, COMMISSIONER SIEBERT STATED THAT HE FELT.WE SHOULD EXTEND THE MORATORIUM ON SEWER AND WATER FRANCHISES FOR THREE MORE MONTHS, AND COMMISSIONER Loy AGREED. - DISCUSSION FOLLOWED IN REGARD TO PROBLEMS THAT MIGHT ARISE, BUT IT WAS GENERALLY AGREED THAT THE ADDITIONAL TIME IS NEEDED. COMMISSIONER SIEBERT FELT WE SHOULD AUTHORIZE THE ATTORNEY TO ADVERTISE FOR A PUBLIC HEARING ON EXTENSION OF THE MORATORIUM. IT WAS NOTED THAT THERE IS A QUESTION IF THIS COULD BE ACCOMPLISHED BEFORE THE MORATORIUM EXPIRES, AND IT WAS AGREED THAT IT MAY HAVE TO BE DONE ON AN. EMERGENCY BASIS BECAUSE OF THE TIMING. COMMISSIONER SIEBERT INQUIRED ABOUT THE STATUS OF BARBER AVENUE. ADMINISTRATOR .JENNINGS INFORMED THE BOARD THAT THEY HAVE ADVERTISED AND RECEIVED PROPOSALS FROM CONSTRUCTION ENGINEERS IN REGARD TO THIS PROJECT. THE NEXT STEP IS TO SELECT THE CONSTRUCTION ENGINEERS, AND THIS MUST BE DONE BEFORE IT GOES TO BID.. THE ADMINISTRATOR CONTINUED THAT.THE PERMITTING IS NOT COMPLETE ON BARBER AVENUE, BUT HE DOES NOT ANTICIPATE ANY PROBLEMS. HE FELT HE WILL HAVE A REPORT ON THIS BY THE - NEXT MEETING. COMMISSIONER DEESON INFORMED THE BOARD THAT HE HAS HAD A REQUEST FROM FELLSMERE CITIZENS THAT THE COUNTY CONSIDER DOING SOME 139 Bou 38 f4a 139 e it ADDITIONAL LANDSCAPING OVER AND ABOVE WHAT IS USUALLY DONE AT THE FELLSMERE COLLECTOR STATION BECAUSE IT IS ON A MAIN ARTERY IN AND OUT OF FELLSMERE. ADMINISTRATOR JENNINGS STATED THAT HE HAS DISCUSSED THIS WITH THE URBAN FORESTER, AND HE HAS WORKED UP A GENERAL SCREENING PLAN FOR THE LANDSCAPING. HE CONTINUED THAT HE AUTHORIZED THE URBAN FORESTER TO MAKE THIS PRIORITY NUMBER ONE AND TO ORDER SOME TREES AND PLANTS TO PUT IN THERE. THE ADMINISTRATOR STATED THAT THEY ALSO DISCUSSED THE POSSI- BILITY OF PLANTING TREES THERE FROM SOME OTHER AREAS WE OWN, AND THE FORESTER IS LOOKING INTO THAT. THESE WILL NOT BE SEEDLINGS, BUT LARGE TREES. COMMISSIONER DEESON THEN BROUGHT UP THE WABASSO BEACH PARK PROJECT. ADMINISTRATOR JENNINGS REPORTED THAT ASSISTANT PLANNER BERG AND WILSON WEATHERINGTON OF HIS STAFF HAVE WORKED UP A PLAN FOR THIS, INCLUDING SOME ALTERNATES. HE.STATED THAT THEY HAVE WORKED UP A PLAN FOR A TOTAL OF ABOUT $21,100 TO PUT THE ROAD IN AND THE FENCING. THIS DOES NOT INCLUDE THE COST FOR A COMFORT STATION. HE ESTIMATED TO INCLUDE THIS AND SOME OTHER ITEMS WOULD REQUIRE ABOUT $40,000. COMMISSIONER Loy INFORMED THE BOARD THAT SHE HAD BEEN UNDER THE MISTAKEN IMPRESSION THAT IF WE ACCEPTED STATE MONIES THAT WE COULD NOT HAVE CONCESSIONS AND CONCESSIONAIRES. SHE HAS.NOW FOUND OUT THAT IS NOT THE RULE. THE RULE IS THAT YOU CANT USE THE GRANT TO CONSTRUCT A CONCESSION STAND; HOWEVER, YOU CAN CONSTRUCT IT YOURSELF WITHOUT ANY PROBLEMS. SHE NOTED THAT WE STAYED AWAY FROM GRANTS FOR THAT REASON. SHE NOW FEELS, HOWEVER, THAT IF THE BOARD WISHES TO TRY, WE STAND A REAL GOOD CHANCE TO GET AN OUTRIGHT $50,000 GRANT TO DEVELOP THAT PARK AND, IN ADDITION, STAND A CHANCE TO GET ANOTHER $50,000 ON A MATCH BASIS, MOST OF WHICH $.50,000 SHE FELT COULD BE IN-KIND. SHE NOTED THAT WE HAVE ALREADY SET UP $25,000 IN CASE WE HAVE TO CONTRACT THE WORK. COMMISSIONER Loy STATED THAT SHE WOULD LIKE TO PROCEED ALONG THESE LINES AND HAVE THE ADMINISTRATOR AND COMMISSIONER DEESON CONTINUE TO WORK UP A PLAN IN THE MEANTIME. COMMISSIONER DEESON NOTED THAT WITH A GRANT OF BETWEEN $100,000 TO $150,000, AN ENTIRELY NEW PLAN COULD BE DONE. IT WAS NOTED THAT IT 140 ����y 140 WAS ORIGINALLY PLANNED TO HAVE A BOARDWALK ALL ALONG THE OCEAN FRONT, AND ALL OTHER CONTEMPLATED IMPROVEMENTS COULD BE DONE ALSO. .THE BOARD AGREED THAT WE SHOULD PROCEED TO SEE WHAT CAN BE ACCOMPLISHED IN REGARD TO OBTAINING A GRANT FOR WABASSO BEACH PARK IN ORDER TO BE ABLE TO DEVELOP IT IN A REALLY FIRST-CLASS MANNER. AGREEMENT BETWEEN MID -FLORIDA UTILITIES, AND INDIAN RIVER COUNTY, AS WELL AS AMENDMENT TO THE SAME AGREEMENT ARE HEREBY MADE A PART OF THE MINUTES AS APPROVED AT THE REGULAR MEETING OF NOVEMBER 15, 1978. DEC a 1978 141 a38 A M E N D M E N T THIS AMENDMENT made and entered into this 1st day of December, 1978, by and between MID -FLORIDA UTILITIES, INC., a corporation organized and existing under the laws of the State of Florida, hereinafter referred to.as "Seller" and INDIAN RIVER .COUNTY, FLORIDA, hereinafter referred to as "Purchaser". WITNESSETH: WHEREAS, the parties entered into an Agreement dated the 1st da of December, 1 78 a Y emb , 9 and there are certainparagraphs that need to be modified or clarified. NOW, THEREFORE, in consideration of the mutual promises, the parties agree as follows: 16. Condition of Subject Assets: is hereby amended in whole to read as follows: Seller agrees and warrants to continue normal operations, maintenance and repair of the Subject Assets until the date of cloding. At the time of closing, the subject wells and related appurtenances shall be operating in a manner so as to provide 280 gallons per minute. Specifically, both wells shall be in operating condition and at closing Buyer shall make an inspection to determine same. The remainder of the system is purchased in its present condition. 4. Payment of Purchase Price: is hereby amended in total to read as follows: • Seller agrees that it will read the meters of J all metered customers within three (3) days prior to the actual closing date as provided in this Agreement. Bills will be pre- pared by the Seller for.each of the customers. These bills will include all amounts due up until the time of the just mentioned meter reading, the bills being sent to the customers.of the Seller, with payment to be made to the Purchaser. Purchaser shall collect the amounts of these bills in the same manner as i�. I LAW OFFICES OF COLLINS, BROWN, VAN DE VOORDE B< EVANS, CHARTERED �. P. O. BOX 3686 - 744 BEACHLAND- BOULEVARD - VERO BEACH, FLORIDA 32960 PHONE 367-3463 A'. P. O. BOX 266 - 220 NORTH U. S. NO. 1 - SEBASTIAN. FLORIDA 32958 )' PHONE 889-3156 e though it had sold the water to the customers. Ninety percent (90%) of all monies collected on these bills will be forwarded to Seller. Irrespective of the above, the parties agree -that the Purchaser is purchasing only the Accounts Receivable rep- resented on the December print-out. Those accounts are the unpaid -November balances, the then current balances plus the billing as of December 15, 1978. Counties purchased shall be evidenced by an assignment of the accounts from the Seller to Purchaser. The Purchaser's obligation to pay for the accounts are limited to a period of ninety (90) days from the date of ,and only to monies actually received. closing/ All monies received during the ninety (90) days after closing by the Purchaser shall be applied first to the oldest accounts of Seller on an age basis. Monies shall be remitted ;to Seller on a monthly basis. The parties specifically under- stand that Purchaser is not purchasing any 60, 90, or older day accounts of Seller, based on the December 15, 1978 print-out. The parties agree that in some cases credits have been given to customers and in those cases, said amounts wi•11 be deducted from amounts due the Seller. Any deposits held by Seller shall be credited on the closing statement at the time of closing. After closing at Purchaser's option, Seller agrees to continue 'billing on behalf of Purchaser for up to two (2) additional months with Purchaser paying the costs of said .billing which amounts to approximately .35 cents per customer. All customer billing shall be payable to aW address to be designated. IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date and year first above written. Witnesses: MID -FLORIDA UTILITIES, INS. By: President Attest: Assistant Secretary j (SELLER) INDIAN RIVER COUNTY, FLORIDA •AAA Attest: _ (PURCHASER) i 8a 3 pn143 DEC o 1978 s yt A G R E E M E N T THIS AGREEMENT, made a entered into this day of L 19 by and between MID -FLORIDA UTILITIES, INC., a corporation organized and existing under the laws of the State of Florida, hereinafter somtimes referred to as "Seller", and INDIAN -RIVER COUNTY, FLORIDA, hereinafter sometimes referred to as "Purchaser". WITNESSETH: WHEREAS, Seller presently owns and operates a water utility system located within Indian River County, Florida; and WHEREAS, Purchaser has determined that it will be in the public welfare and interest for it to acquire certain of the assets used by Seller in connection with the operation of said water utility system•.(hereinafter sometimes referred to as the "Subject Assets"), and Purchaser desires to acquire the Subject Assets by agreement with Seller rather than by exercise of its power of eminent domain; and WHEREAS, Purchaser and Seller agree that Seller will sell and Purchaser will purchase the Subject Assets in accordance with the terms and provisions hereinafter set forth; and WHEREAS,. Purchaser and Seller now desire to set forth in writing the agreements made by them. NOW, THEREFORE, in consideration of the payment of TEN DOLLARS ($10.00) in hand paid by,Purchaser to Seller, receipt of which is hereby acknowledged, other goods and valuable considerations, and the mutually dependent covenants and agreements herein contained, the parties hereto do hereby agree as follows: 1. 'Sale of the Subject Assets: Seller agrees that at the closing Seller will grant, bargain, sell, transfer, assign, and deliver to Purchaser, and Purchaser agrees to purchase and accept delivery of.the.Subject Assets of the Seller as described below on the terms and conditions hereinafter set forth. I1f [ _t= 0 2. Description of the Subject Assets: The Subject Assets to be sold and purchased by this Agreement are more particularly described as follows: (a) The real property more particularly described in. Exhibit A attached hereto and by reference made a part hereof. (b) All water plants with appurtenances and the water distribution systems owned by Seller and located in Indian River County, Florida. (c) All rights, privileges, easements, licenses, pre- scriptive rights, rights of way, and those disclosed (Exhibit B), contracts, service agreements and developer agreements owned by Seller for the construction, reconstruction, maintenance and operation of the above described water utility system and assets. (d) All personal property, other than cash, bank deposits, securities, customer accounts receivable, accounts receivable due from parent and affiliated companies and recoverable federal income tax, owned by Seller and located in Indian River County, Florida, which pertains to or is.used in the operation of the above described Subject Assets, including, without limitation, all vehicles, laboratory equipment, office equipment, portable equipment, spare parts, tools, blueprints, plans, engineering reports, surveys, licenses, and approval documents, which items are set out in part in Exhibit "C"; and all information in possession of Seller which pertains to or would aid Purchaser in operating the above described Subject Assets. All property included in said inventory will be included in the above described water utility systems and assets. A copy of the operating permits issued by all concerned govern- mental agencies,_ together_with.a-description of the status of said permits as of November 21, 197-8, shall be supplied and attached hereto as Exhibit "D" and by reference made a part hereof; a copy of the billinng register of Seller as of November 15, 1978, shall be attached hereto as Exhibit "E' and by reference made a part hereof. 3. Purchase Price: Purchaser agrees to pay Seller and Seller agrees to accept as the purchase price for the Subject Assets, - 2 - 38 ua,145 and as consideration for all of the undertaking herein contained on the part of Seller, a total purchase price of $225,000.00 at closing. .4. The Seller agrees that it will read the meters of all metered customers within three (3) days prior to the actual closing date as provided in this Agreement. Bills will be prepared by the Seiler for each of the customers. These bills will include all amounts due up until the time of the just mentioned meter reading. The bills will be sent to the customers of Seller with payment to be made to the Seller. After closing Seller agrees to continue billing on behalf of Buyer for up to three (3) additional months with Buyer paying the cost.of said billings. The billing shall be payable to Buyer at an address to be designated. Seller shall be.responsible for the collection of all delinquent accounts receivable. First monies received after closing shall be applied to the then outstanding County utility bills. 5. Conveyance of the Subject Assets: All of the Subject Assets shall be conveyed by Seller to Purchaser free and clear of all encumbrances by Warranty Deed, Bills of Sale with general warranties of title, Instruments of Conveyance, and Assignments of Contracts as may be required to transfer, assign, and deliver to Purchaser the Subject Assets. Said Bills of Sale, Instruments of Conveyance, and Assignments shall contain appropriate provisions to clearly show that Seller shall assign to Purchaser, and Purchaser shall assume and agree to perform, all disclosed continuing obligations of Seller that relate to the ownership and operation of the Subject Assets and all franchise and operating permits issued to Seller for its Indian River County operations. After closing, the Seller shall have no further obligation under the franchise issued to it by the Purchaser. The Subject Assets shall be conveyed subject to all zoning, subdivision and residential restrictions and easements of•record. Seller shall provide fifteen (15) days prior to closing, a Title Insurance Binder and subsequent Final Policy showing insurable title to the real estate being conveyed. 6. Conditions Precedent to Closing: Prior to or at closing, as the case may be, the following conditions must be fulfilled. DEC 6 997 � _ L s (a) As to Purchaser: Purchaser shall furnish to Seller an Opinion dated the date of*the closing in form sufficient and satisfactory to Seller from Collins, Brown, Van De Voorde &Evans, attorneys for Purchaser, to the effect that: (i) This Agreement has been duly authorized,'executed, and delivered by Purchaser and constitutes the legal, valid, binding, and enforceable obligation to Purchaser in accordance with its terms. (ii) There is no litigation or proceeding pending against Purchaser that would in any way affect the validity of this Agreement, the enforceability of any payment made by Purchaser to this Agreement or the performance by Purchaser of each and every obligation imposed upon Purchaser pursuant to this Agreement. (iii) Such other matters incident to the transaction herein contemplated as.may be reasonably requested by Seller. (b) As to Seller: Seller shall furnish the following to Purchaser: (i) An Opinion dated the date of the closing in form sufficient and satisfactory to Purchaser from Madigan, Parker, Gatlin, Swedmark & Skelding, attorneys for Seller, as to: (a) The due organization and existence of Seller. (b) The due authorization for the execution and delivery and the validity of this Agreement and all instruments and documents executed in connection with the closing. (c) The proper form, execution and delivery, sufficiency, and enforceability in accordance with the respective terms of this Agreement, all Bills of Sale and other instruments of conveyance and Assignments by which the Seller conveys the Subject Assets to Purchaser. (d) Such other matters incident to the transaction herein contemplated as may be reasonably requested by Purchaser. (ii) An Affidavit executed by an officer of Seller stating that there are no debts or obligations owed by Seller to any person whomsoever that create any lien, claim,.or encumbrance upon the Subject Assets which Affidavit shall comply in form with the Bulk Sales Law. - 4 - 0 (c) It is agreed between the parties that the closing of this transaction is conditioned upon Purchaser securing a commitment from the Farmers Home Administration for sufficient funds to pay the purchase price set forth herein. 8. Customer Advances in Aid of Construction: The Seller further agrees with the Purchaser that on and after the execution of this Agreement, it will not enter into any agreement with customers in the nature of.customer advances in aid of construction contracts without the prior knowledge and written acquiesence of the Purchaser. 9. Assumption of Obligations of Public Utility: Purchaser shall assume all obligations, privileges and rights to be exercised and performed by Seller in connection with the ownership and operation of the Subject Assets subsequent to or at the time of the closing and shall perform all disclosed Exhibit "B" obligations of Seller in Indian River County, Florida, in connection with the ownership and operation of the Subject Assets to construct, maintain, operate, repair, improve,*remove and extend water utility systems which are a part of the Subject Assets; serve customers with the Subject Assets; comply with all requirements for the protection of the public interests, health, safety and welfare relating to the ownership and operation of the Subject Assets and attempt to meet all applicable standards for the quantity and quality of water standards relating to the ownership and operation of the Subject Assets. 10. Hold Harmless and Indemnification: (a) As to Purchaser: Purchaser does hereby agree to indemnify and to hold Seller harmless from any and all disclosed Exhibit "B" obligations, expenses, costs, attorneys' fees, damages, penalties or other disclosed liabilities of every kind -and nature whatsoever which Seller may incur .following the closing date as a result of or which may arise following the closing date from (i) the ownership and operation of the Subject Assets; (ii) all contracts, easements, licenses, franchises, service agreements, developer agreements, right of way agreements, and other privileges and rights assumed by and disclosed to Purchaser; and na F ig 011 -C -11C 78 ¢� W (iii) all obligations within the area served by the Subject Assets, to construct, maintain, operate, repair, improve, remove and extend the water utility systems which are a part of the Subject Assets and serve customers with the Subject Assets following the closing date. (b) As to Seller: Seller does hereby agree to indemnify and to hold Purchaser harmless from any and all obligations, expenses, costs, attorneys' fees, damages, penalties or other liabilities of every kind and nature whatsoeveri wh ch Purchaser may incurP rior to the closing date as a result of or which may arise prior to the closing date from (i) the ownership and operation of the Subject Assets; (ii) all contracts, easements, licenses, franchises, service agreements, developer agreements, right of way agreements and other privileges and rights assumed by Purchaser; and (iii) all obligations within the area served by the Subject Assets, to construct, maintain, operate, repair, improve, remove and extend the water utility systems which are a part of the Subject Assets and serve customers with the Subject Assets prior to the closing date. 11. Commissions: The transaction contemplated by this Agreement is a direct, private transaction between Seller and Purchaser without the use of a broker or commissioned agent by s either party hereto. 12. Survival of Representations, Warranties, Covenants, Conditions, Commitments, and Agreements: All representations, warranties, covenants, conditions, commitments, and agreements contained herein or made pursuant 'hereto shall not merge with the closing hereof but.shall survive'the closing. 13. Closing: The closing of the purchase and sale of assets as contemplated by this Agreement shall take place on or before the 15th day of December, 1978, at a time to be -agreed upon by Purchaser and Seller in Vero Beach, Florida. If Seller or -Purchaser has not fulfilled all of its duties and obligations to be performed under the terms of this Agreement prior to the time of the closing, - 6 -DEC 6 197 aw, va,149, then the other party may, at its option, extend the date of closing by not more than ten (10) days by notifying the other party of such new date. 14. Proration of Taxes: All taxes for the current year on the Subject Assets shall be prorated as of the date of closing. Seller shall pay to Purchaser all said taxes prorated to Seller at closing. By acceptance of said payment, Purchaser agrees to assume the obligation to pay all said taxes. 15. Closing Costs: Purchaser shall pay for recording costs and fees,.stamps on the deed and all other costs connected with recording the instruments of conveyance and transfer. Seller Shall pay for title insurance on the real property. 16. Condition of Subject Assets: Seller agrees and warrants to continue normal operations, maintenance and repair of the Subject Assets until the date of closing. At the time of closing, the Subject Assets shall be in reasonable -operating condition capable of meeting the requirements of the service area. 17. Improvements: The Seller shall not make additional capital improvements or investments in the Subject Assets unless it has the written consent of Purchaser. Normal and reasonable maintenance shall.continue and not be considered a capital expense. Repair of the east well shall be completed without cost to Buyer. Amounts invested by Seller in the Subject Assets with the consent P of Purchaser shall be added to the purchase price of $225,000.00. The normal replacement of parts and repairs shall not increase the purchase price. 18. Addresses for Communications All notices and communications in connection with this Agreement shall be sent to Seller and.Purchaser at the following addresses, unless said .y ti addresses are changed by either of said parties by notice in writing to the other party: 7 _ w 38 IY FSG DEC 8 1978 (a) To the Seller Lewis R. Masotti General Waterworks Corporation _ 1500 Walnut Street Philadelphia, PA 19102 With a copy to: B•. Kenneth Gatlin, Esquire Madigan, Parker, Gatlin, Swedmark & Skelding P. O. Box 669 Tallahassee, FL 32302 (b) To the Purchaser: Jack G. Jennings, Administrator Indian River County Indian River County Courthouse, Room 114 Vero Beach, Florida 32960 With a copy to: George G. Collins, Jr., Esquire Collins, Brown, Van De Voorde & Evans P. O. Box 3686 Vero Beach, Florida 32960 19. New Developer Agreements: Seller agrees not to enter into any new extension agreements or developers' agreements after the execution of this Agreement without first obtaining prior approval of Purchaser. 20. Execution of Counterparts: This Agreement may be executed simultaneously with two or more counterparts, each of which shall be deemed an original, and it shall not be necessary in making proof of this Agreement to produce or account for more than one expected counterpart. 21. Amendment: This Agreement may be amended only by an instrument in writing signed by each of the parties hereto. 22: Benefits: All of the provisions of this Agreement shall be binding upon and inure to the benefit of and be enforceable by the legal representatives', successors, assigns, and nominees of the Seller and the Purchaser respectively. 8 _ r '1 • 23. Enforceability: This Agreement is being delivered and is intended to be performed in the State of Florida and shall be governed by, construed, and enforced in accordance with the laws of the State of Florida. 24. Entire Agreement: This Agreement contains the entire understanding between the parties hereto and can be amended only as provided herein. 25. Time of the Essence: Time is of the essence in the per- formance of this Agreement. 26. Headings: The paragraph headings hereof are inserted for convenience of reference only and shall in no way alter or modify the text of such paragraphs. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first written above. Witnesses: MID -FLORIDA UTILITIES, INC. Lai Its President Attest: A to S ler Its Secretary DEC (SEAL). INDIAN RIVER COUNTY, FLORIDA By: Attest: epu Clerk ]" ( SEAL ) Pd"'f , I EXHIBIT "A" I awx r 8 153 :tok A P U74L SARRAWIT 1LJL1A B*"' auds —'I- d" Of SUPINOMMIr. A. 19' Omni. O. 00rgf2. — — M. MMUL. us. nits. called 00 grantors. to so= am= Uw= 'mCoeaswum. a- onspers"Ca Wasting Under the less of the Stein of FLU,14a. wltk Its paromMi4ot PoWtottice oad"o, at 1620 Gtk Anneen. Florida. boretmartew called the q.aotas. • 'W"Mes"Be That tie It-t*g*- for and is CftSLdW4kttCa of the mm at $10.00 sad other Valuable OM*Idp wtIons. W"Lpt Igbaroulf &A bars" ackaarlodqed, ba"by rent. borlo 1:' .11. alias, ranges. &*"a. comwer and confarm unto the vwMat". all th" certain is" alt"to SO 101140 River County, plarlda. to—its COMEMOCS at tbv Northeast career at the 46.th.., qU"tar at the W -0--t quarter 09 section 12. To -whip 33 S -Lb. -w* " East# . went along the 40 ACC* line a 41.tanno of g3o.17 &set to • Point of bogtonlayr FVQM Point at beginning. continue West along .,u, sold 40 acres Use a diotaftee 09 30 test to a Point, theace 800 Mortb for 00. 22 Minutes Bast 4 diatance Of ng'" lost to a POLUP thence raft Beat I dIm- teems of 30 fast to a point# losses Com south 000 Y. 22 Almotab Most a dtotanoe of 209." feet to point of beginning. PAN= 2 C -L" at tbo morthwast corang Of the Southeast q-1umor of the matthuest quarter of section 12. ?o.�sMhlp 33 tenth. snows is mosto run West se the 40 *Cr* ILA* & distance of 641.17 feet to the PoLftt r Of Calot IM44 mLng of the saxlevuWast" and bounds par. It Froo atOWSSOLd Point Of b"LrAlog. eontjMW West as the 40 acre Lino 4 distance Og 219.00 Seats tb_wo ren South 00 22 "Aftut" West 41 4L.tmsC* of 164.41 tests thence run north 890 59 ULM%.* Bast a dtn- taftC* at 219.00 tgotj thence rus north 00 32 j.• at" lost a d&Stamo of j&s.jS test to the point Of beginning. All the aforesaid land lying in the Soutboost quarter of tb. morth—t quarter at see. tim-130 TOMAht, 33 &Oath, Range " 8"t. Indian Alwr County. Florida. 169ethor with a porpotual assonant in the mouth 3 feet of abs Sortb 204.23 test of the southeast quarter of the gortbusat quarter Of &*Ctlm 12, ft"&Sh'P 32 B*Wtb- a"d 79 But. lyto, bet—on V. S. 1.119boar go. I and the Easterly ctqht at way ts" of the norift mast coast jisitaa,. Tomm" -Ith all the tomenests, bereditemones a" appurtenances • lot tbolrete belonging or is "Vwi&e aparta,"". ToMIVS AM TO =At Ww SWO &A 900 *Lop&* fore"r. CWFWW RECMD am. 1W WSS EXHIBIT "A" I awx r 8 153 } - .,j"•°'ci"� � .y;"'7^ '""•k. '# 4 C i h^w.. T► s'tt � f .- }.^y &'rrr rT,'RT �%' :''t`9 OFiicly RECARp r[� J U9 �d;i7U AND the greaten hereby co"a"t Wath sold grantae tst the grrtore are la-fully glred Of sold land 1. Joe •ltetler that the •[ greaten thew geed right and le-tol wtMrtty, to .011 • at wsenoey ad land that the grantors hereby jolly Warraet the tta 1. to , .oad &"a Aad Will data" the some, gelua the leer-1 cI.&— all pereat.e vteMaoewrr sed that Bald land to tree of all enem.- ibbraAtree. ettcept tatty acoroaniq wbaepwnt to Detneber Jl, .1719.. b ♦t r the WITS S WU MMDF, the Said grantor• have eagn•d and waled r preeeeto the day std Yaw first above—itten. r'�. 'y signed, wAled sad d.11vered I" dor pre.ence. Oe genial N. RneeDei t .. haorotAy ' Mrto•hel (ai..L) F ; x�i STAT: v MORN ) '�. ` ' r Coven or umz" Awn I r I Iy that oo thebefore d.y, tore r, an otfn lr duly y; t BiMENtf QRTIFrye authorized to ile !tate ajorenld -4 in cite Cyonty ator..•td to ' is fi 1� Y 7p•Si- take SCk w'odga.Me, peraalallr apoe.rOd DAOUL X. eautetl atw 4 7 DOMOtNY A. XMZSNL, hie Wlte. to the kttarn to be the persons de- sa' ecrlbed /a sad Ste executed the [or ..tt! •ttd they ageing it ey tt aoWledged before they emweae executed She eaaa. �'y ' MjyMMMM rsy And official veal to the County and State lost..Os&AS this a �t 3y1 .2•=, day of Septeeber. A. D., 1960. t' Notary oblle, eat• Of Florid-?" at Large• ra S7 Commission etmins. J•; -1 - k. :l r+r v1er,,,..• t�t�n c q � t _ � t s 1 L - 4r xa a-TJE , � ? �' t - ;: � ,.>• - , C• rt ire rs t � s i � 1•T Cr � t � Tih �4Srl r Jnr 91 67F•d bol -)M � Z67LU Q33G /:1NNbltdil ob3t l 4 ti 1 Ib .3 GENERAL WATERWORKS CENTRAL FLORIDA DISTRICT 161 .WEST CANTON AVENUE • WINTER PARK, FLORIDA 32789 • (305) 644-3964 Mid -Florida Utilities, Inc. Vero Beach, Florida November 8, 1973 Taylor Construction Company 775 314th Ave. Vero Beach, Fla. 32960 Res Water extension to serve Blk. 2 Lots 18, 19, 20 Glendale Park SID, Indian River County, Florida Gentlemen: In accordance with your request that we extend our water mains within tapping distance of the above described property, the cost figures for your review. we submit herewith Total extension cost $1 8. U. Tapping fee ($65.00/conA., as required) Total amount required $1 of 8� Due to changing material and labor costs the forega sng should be that all water mains and service y . This cost anticipates considered good for not more than 30 d the bonding or finish lines will be installed prior to present paying work being done in any streets not Paved; otherwise, all Paving account. As soon as you have depositedcwith us heosts 'will elfor your requiredN, we will install the extension as us 'Total amount Job schedules and procurement of supplies q as our current PP permit. We will gladly, refund to you during the next 8 years only, an amount not to exceed $1,390, which amount represents the "Total extension cost less 3 connection charges of $165.00, depending entirely on the future additional number of metered domestic ser- vices for completed buildingsoccupied by owners or tenants and connected on that part of the extension now paid for by you. Such refund will be on the basis of: 1) A flat refund of 3 times the first year's gross water revenue from each future additional metered service, or 2) A flat refund of( ) service $•� per future additions]- metered (Indicate choice of refund) ( ) A MEMBER OF THE INTERNATIONAL UTILITIES GROUP DEC r 62 1: A Taylor Const. Co. - November 8, 1973 Page 2. It is understood by all parties concerned that General Waterworks Corporation retains full ownership and all'rights thereto of all water facilities herein described. Also that General Waterworks Corporation its successors and assigns will be granted, the exclusive, perpetual rights, privilege, and easement to construct, reconstruct, install, lay, operate, maintain, repair, replace, improve, alter, £ remove, relocate, and inspect water transmission and distribution mains, lateral lines, pipelines, valves, connections, and appurtenant equipment over, across and under the reserved utility strips and easements, and other public places, together with the full use, occupation and enjoyment thereof for the above described purposes, and all rights and privileges incidental thereto, including thele. right to ingress and egress. General Waterworks Corporation will ' also have the right to extend water mains, installed under this contract, to lands not included in this Agreement. This Agreement is contingent on receiving County Engineer, Florida State Department of Health and Rehabilitative Services, and all. other necessary governmental approvals. Physical connection of these water facilities cannot be authorized until certification by the Department of Health has been received approving the completion of the upgrooving of our water plant. If this Agreement clearly states -our understanding, kindly execute i this original letter and return to us. The duplicate is for your files. very truly yours, GENERAL WATERWORKS CORPORATION w Central Florida District Mid -Florida utilities, Inc. D. P. Walsh District Manager The above is agreeable to: is r/'! ,� .9i,. ✓� %/fit- (;r -c c•—��i; i� (VB -821+) '5 n • � rJ - ' • ti J - _ 3 1 DEC 6 197 s yt i THIS AGREEMENT, made and entered into this / day of /--, / 197M, by and between Pan American Engineering Co., hereinafter called the "Developer" and Mid -Florida Utilities, Inc., a Florida Corporation hereinafter called "Service Company". WITNESSETH: WHEREAS, Developer owns the following describe, -roperty in Indian River County, Florida, to -wit: All that part of the Mao of the NE}, of Section 13, .awnship 33 South, Range 39 East, lying West of the -West right of way of the Florida East Coast Railway, containing 15 acres, more or less, aaa*i land situate, lying and being in Indian River County, Florida and Beginning at the NW corner of the SE4 of i.'i of.Section 13 Township 33 South, Range 39 East, thence run East 1320 feet,' - to the NE corner of said quarter; thence 120 feet South, thence West 1320 fee - thence North 120 feet to the point of beginning, contain 3.64 acres mc:? or less; Excepting lots 15 and 16 of Block 2; Lots 17, .3 and 19 of Block 3; Lots 1, 5 and 7 of Block 4; and lots 2, 3 and 6 of Blo,_-; 5, .Gloria Gardens, according to plat filed in the office of the Clerk of the Circuit Court of St. Lucie County, Florida, in plat Book 5, page 33• hereinafter referred to as "Developer's Property", and is about to develop said land by platting it or by const:^ucting buildings, residences, and/or other improvements thereon; and WHEREAS, Service Company is willing to ..iithorize the construction, installation and extension of its central water systeL, and thereafter to operate such system so that all buildings and/or residences constructed on Developerts Property by Developer. or by any person,.:firm or coproration holding by, through, or under Developer, may have furnished to it and to its occupants an adequate domestic water supply, subject to all the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the premises and the mutual undertakings .and agreements herein contained and assumed, Developer and Service Company hereby covenant and agree as follows: 1. Developer hereby grants and gives to Service Company, its successors and assigns, the exclusive, perpetual right, privilege and easement to construct, reconstruct, install, lay, operate, maintain, repair, replace, improve, alter, remove, relocate and inspect water transmission and distribution mains, pipe lines, valves, connections and appurtenant equipment over, across and under the present and future streets, roads, terraces, alleys, and other public or private places to be shown on a. plat of Developer's Property that is to be recorded or on Developer's Property as shown in Water Distributidn Layout LIf Plants to be prepared by Service Company (said areas hereinafter being called "Easement Areas"J, together with the full use, occupation, and enjoyment thereof for the above described purposes, and all rights and privileges incident thereto, including the right to ingress and egress to the property that may be described in the aforementioned Easement Areas. Prior to or simultaneously with the signing of this Agreement, or thereafter at the option of. Service Company, Developer shall upon the request of. Service Company execute a grant or grants of easement, in recordable form to be approved by Sorric�. Corpany, specifically designating the Easement Areas granted in this paragraph. Nothing contained in this Agreement shall prevent Developer or any subsequent owner of Developer's Property from granting exclusive or non-exclusive rights, privileges, and/or easements to any other persons for the furnishing of utility services other than water service, provided that Service Company's use, occupation and enjoyment of its easements are not interferred with. Z Provided that Developer isnot in default under the terms of this Agreement, Service Company shall authorize the extension of its central water supply and distribution system (hereinafter called "Water System"), and all nQcessary or required distribution lines so that Developer's Property will be provided in the manner herein set forth with water supply in accordance with plans and specifications to be prepared by Service Company. Service Company shall not be obligated to authorize the extension of its lines or to furnish any service to any lot or building on Developers Property to which it does not have access from an Easement Area. Developer agrees that all filled areas where water facilities may be installed will meet with all governmental requirements. Material encountered, when excavating for the installation of the water system, found not to meet with all govern- mental or Service Company's requirements shall be removed and replaced with suitable material. 3. Developer agrees that ownership of the water mains and small ser -Ace lines up to and including the individual water meters, all as shown on drawings to be prepared by Service Company, shall be deeded to Servict Company, complete with as built drawing, Bill of Sale, statement of final cost, Letter of Affidavit, and Release of Lien, and shall at all times remain the sole, complete, and exclusive property of Service Company, its successors and assigns, and under the exclusive control and operation of Service Company. All other _2- W DEC 6 1978 s 1 water lines on Developers Property, shall be considered service lines and shall be owned exclusively by Developer or its assigns. 4. It is understood and agreed that the plans, specifications, and con- struction of all water facilities installed to serve Developer's Property must meet Service Company's standards and shall be subject to the periodic inspection and approval of Service Company, including hydrostatic pressure tests on all pressure mains. Prior to acceptance of ownership by Service Company of these facilities to be owned by them, if the water facilities fail to meet Service Company's specifications, or leaks are identified by Service Company, it shall be the obligation of Developer or its assigns to correct such deficiencies and/or leaks immediately. In the event Developer or its assigns fails to correct such deficiencies or leaks within 30 -days of notice, Service Company shall have the right to make the necessary repairs and adjustments and to discontinue water service until Developer or its assions makes payment to Service Company the cost of such repairs. 5. Prior to providing water service, Service Company may require the owner or occupant of any land within DeveloperJa Property to enter into a written service contract or agreement for water service, and to require payment of Service Company's standard tapping fees for setting individual meters together with a reasonable deposit to guarantee the payment for such service. b. Developer shall be responsible for and pay to Service Company its cost of repairs of any breakage or other damage to the systems installed by Developer •.. s;a:cborizod by Service Company from time of completion and/or testing of such systems until completion of all buildings, roads, paving, drainage and all construction within the right-of-way, easement area, or adjacent areas. Developer shall, for one (1) year following the date of final acceptance of the work., guarantee Service Company against losses resulting from latent defects in materials or improper performance of the work under the contract. Developer shall be held responsible for correcting all such latent defects which are discovered within one (1) year from the date of final acceptance of the work, failing which, Service Company shall make such repairs and/or replacements of defective work and Developer shall be liable to Service Company for their costs arising therefrom. 7. This Agreement shall not in any manner whatsoever, prohibit or prevent Service Company from extending its water facilities in or to areas not re- ferred to herein to serve other developers or consumers, so long as said extensions and the furnishing of said services do not interfere with the -3- . furnishing of the services provided for by this Agreement. 8. In consideration of Service Company furnishing two 2" water meters and required engineering, inspection and testing, Developer shall advance toward the cost of the meters the sum of three hundred sixty three dollars ($363.00) and toward the cost of engineering, inspection, and testing the sum of one hundred fifty dollars ($150.00). The total, five hundred thirteen dollars ($513.00) is to be paid with the signing of this Agreement. 9. Providing all other conditions of this Agreement are fulfilled, Service Company shall refund all or part of the cost of the water mains installed pursuant to the terms of this Agreement as supported by final Developer's �r,�t r zsa for the water mains to be owned by Service Company, not to exceed ytu� ;hvsi,^k iutd -•::d eighty two dollars ($2,982.00), which includes two thousandU-,.a i ninety seven dollars ($2,997.00) main installation, - plus one hundred M- v dollars ($150:00) engineering charges, less one hundred sixty five dollars (yl• 00) non-refundable portion of total extension cost. Refunds shall be based az, rture additional metered services for bonafide occupant consumers on ti: --t , ^t of the water system paid for by Developer. Service Company's obligations -ter this Agreement for refunds shall be for future additional metered seryic. over and above the two (2) two inch (2") meters being installed at this tim, installed within an eight year period commencing with the date of this Agrt gent and shall be paid one time only for each future additional metered servi_3, computed and paid annually. Refunds shall be on the basis of: (a) A flat refund of $100.00 for each future additional metered service ( ) or, ! (b) An amount equal to three times the first yearts gross revenue for each future additional metered (�) service. (Indicate choise of refund) , 10. The provisions of this Agreement shall not be construed as establishing a precedent in connection with the amount or basis of contributions made by a developer or other customer or the acceptance thereof on the part of y4 Service Company for other lands that may be required hereafter by Developer and which are not presently covered by the• within Agreement. 31. This Agreement supersedes all previous agreements or representations, either verbal or written, heretofore in effect between Developer and Service Company, made with respect to the matters contained herein and when duly -4- DEC 6 197 __ _ J executed constitutes the complete Agreement between Developer and Service Company. IN WITNESS WHEREOF the parties hereto have caused these presents to be executed in manner and form sufficient to bind.them as of the day and. year first set forth above. Signed, sealed and delivered in the presence of: PAN AMERICAN ENGINEERING COMPANY Aw '.ttest MID--, : 1RIDA UTILITIES, INC. M. Maurdr, Vice President • DEC 6 1978 wd-marida Mmuca, IM. Two Bemb, narlda xv 3, 1973 Mr. Iwr7 S. IffAG 5415 rboroe street Hollr000dx FlmlAa 33M Res water.,eeAn3icn to carve lot 8 Mk. B. and X*L3 4s 5, 6, 7 and 8 Mk. C., Raja rol=istta Park,, Judi= River Comity,, &ih Dear tor. lattin: In ace rdme vith :=jr rest that we ccxtsnd our inter =dw tdtIAn tqMi:-C diztwm of the sb= dez=rIbed prcpwty, we w4buit hazveith the cost fimArez for your rievier. Total ext4=111on cost TapplM fee 065.00/ow=, rap required) Total amount rcTA2nd 22"AM Due to chanalmr, materi&l and labor costs the forovkc, sirnald IM m-1- sidered good for not m= th= 30 dam. Tbia cort anticirr-tes the all water mains and raivica linne wcLIl be izzatalled Vidcr to the tonijM or finish paving wozic baba dme in mV streets =t pmzorely pc=d; athoi-wins, all perIoZ costs wM be for 7our =co=t. Aj sc-m as ywa have deposited with us tho "Total emmxt requireV, " vIU in-,TWI U -s extent"lon &* qraickly as cur *curry job achadulw and procur=mt or W491i" PuTdt. 'We will C3ad3,v ref a3 to you durine the mxt 8 ye = io;Cy, an c==t rat to wwoed wIdab a=zmb reWwentz the 'Total w.tencion cost" less 6 ea=cticn cbvn-ea of U65.00, depmdinz entixely on the Muro additlaml m-aber of motwed domaUe acrvic= for empletc-d wdieuLa occupied .b7 o;mr= or twmita m7d c=mtod on that p&Y'. of the wt-ozz-1m now paid for by yon. Such retund %d1l be as the bazie cX: 1) A flat refwd of 3 U= tho first year' a MW star revemn from each future additional natered service, or 2) A flat zvfund of M0.00 per future additional ratored service C. (Irina ate choice of rufmzd) DEC 0 1978 Mr. Larry E. Lmda MV 3. 1773 rbv 2. It in umdaritOW by all Partica concerned that C-snaral Wh-termAs Cos Liar rebaim full, cmerchip mid all rijghts tharato of all water facI14-tic-3 herein d"=IL--d. Also that Gmaral. Hat=wrks CoxWratica its su=cv=rs and aesigns will be genteel, the c=1u-.ivz, perpetual zUhte, privilMv, and em2f,,m=t to cvnstruct, rece-n--tract, install, U7, op3mte, mAnt3in, repmir, rrpl&-me, Improve. alter, mwm, rolocata, and inspmt water trar-smis-si= fmd distribution maim, Idymblives, lateral Mzm, valva -s. conroWUmm, =ad app atenor t equip=& evnr, across Pj4 mid= the rem --sed uti] t.T stripm and *v=mm#.s, =d othor public pl=ca, t4eether vdth t" full, uria, oce-arztion wzd ei?jvy=t thm=f for tho ab=a dozzarlbad purposes, awl ell rIZfts and privil%pa i=idemtal thera- to, inc-ludina tIm r to inSmas and vZrwa. Gmmral 114,ormr1m Gorqcratl= vIll also have the riabt to mterd water mins, in tailed mler tb.4.3 acaraot,. to 1wds not iwbxbd in this Apvm-=t. This AVm==-*- is C-mtinm,.,e- on receiving Co=ty MZL-nTr, Florida State Dopmft� of Ift"I h and 313taiiva Services, e=1 all othar nmvs-�-ry Marr .e11 opprovale. If Ma Aareemant OMAY e.469 G%W MdOXWtMMUM, kL'VdlV W=VZtO thia czj4AzmI latter and return to xw. The duplicate is. Far yvur f1les. VOT7 tru3y yours, VaTm-ImW caemmcu Central r2v-.Ids Matrict M-Flozdft Utilitlea, Inc. D* P. Welmh District UmmPr The &me is egrecablo to: (VD405) B"OrAll 318 nen-.11164- DEC 6 1978 ft... li ri l -_ GENERAL WATERWORKS • CENTRAL FLORIDA DISTRICT �.` • 161 WEST CANTON AVENUE • WINTER PARK; FLORIDA 32769 • (305) 644-3964 Mid -Florida Utilities, Inc. Vero Beach, Florida October 20, 1971 Rathbun do Williams, Inc. Re: Water extension to serve: lots Post Office Box 2712 1-12 Blk. 5, lots 1-24 Blk. 6, Vero Beach, Florida 32960 and lots 3.4-19 Elk. 7, Glendale Park Subdivision, resubdivided. Att: Mr. R. L. Rathbun, President to form 28 residential lots in Indian River County, Florida. Dear Mr. Rathbun: In accordance with your request that we extend our water mains within tapping,: distance of the above described property, we submit herewith the cost figures for your review. Total extension cost $. 6.351.00 Tapping fee ($65.00/connection as required) $ Total required amount $ 6.3,51.00 Due to changing material and labor costs the foregoing should be considered good for not more than 30 days. This cost anticipates that all water mains and service lines will be installed prior to the bonding or finish paving work being done in any streets not presently paved; otherwise, all paving costs will be for your account. As soon as you have deposited with us the "Total required amount", we will install the extension as quickly as our current job schedules and procurement of supplies permit. We will gladj.7 refund to you during the next 8 years only, an amount not to exceed $1,731.00 which amount represents the "Total extension cost" less 28 connection charges of $165.00, depending entirely on the future additional number of metered domestic services for completed buildings occupied by owners or tenants and connected on that part of the extension now paid for by you. Such refund will be on the basis of: (1) A flat refund of 3 times the first year's gross water revenue from each future additional metered service, or, ( ) (2) A flat refund of $100.00 per future additional metered service (Please indicate choice of refund) y A MEMBER OF THE INTERNATIONAL UTILITIES GROUP M1 . Buy` A 3 f ,,7L 4'65 MKIITNWI� Rathbun & Williams, Inc. October 20, 1971 Page 2. It is understood by all parties concerned that General Waterworks Corporation retains full ownership and all rights thereto of all water facilities herein described. Also that General Waterworks Corporation its successors and assigns will be granted, the exclusive, perpetual rights, privilege, and easement to construct, teconstruct, install, lady, operate, maintain, repair, replace, improve, alter, remove, relocate, and inspect water transmission and distribution mains, pipelines, lateral lines, valves, connections, and appurtenant equipment over, across and under the reserved utility strips and easements, and other public places, together with the full use, occupation and enjoyment thereof for the above described purposes, and all rights and privileges incidental thereto, including the right to ingress and egress. General Waterworks Corporation will also have the right to extend water matins, installed under this contract, to lands not included in this Agreement. This Agreement is contingent on receiving County Engineer, Florida State Department of Health and Rehabilitative Services, and all other necessary governmental approvals. If this Agreement clearly states our understanding, kindly execute this original letter and return to us. The duplicate is for your files. Pert' truly yours, GF21ERAL WATERWORKS CORPORATION Central Florida District Mid—Florida Utilities, Inc. M. E. Ma�lxer District Manager hove is agreeable to. AGREM23M TMS AGRE=, T, made and entered into this_,� day of+, 1974, by and between Rathburn and Williams, Inc., hereinafter called the "Developor" and Mid -Florida Utilities, Inc., a Florida Corporation, here- inafter called "Service Company". I.'I'nESS.°TH: VEL EAS, Developer owns the following described property known as Tropic Grove Condominiums in Indian River County, Florida, to -grit: Being lot 10 of Vero Land Company Subdivision, recorded in Plat Book 13, Page 19, Public Records of St. Lucie County, now lying and being in Indian River County, Florida, and containing 9.7 acres, more or less. hereinafter referred to as ODeveloparss Property", and is about to develop said Lund by platting it or by constructing buildings, residences, and/or other improvements thereon; and IHMEAS, Service Company is willing to authorize the construction, installation and extension of its central water system, and thereafter to operate such system so that all buildings and/or residences con- structed on Developer's Property by Developer or by wq person, firm or corporation holding by, through, or under Developer, my have furnished to it and to its occupnats an adequate domestic water supply, subject to all the terms and conditions of this Agreement. NOW, TEMU70M, in consideration of the premises and the mutual under- takings and agreements herein contained and assumed, Developer and Service Company hereby covenant and agree as followss ° 1. Developer hereby grants and gives to Service Company, its successors and assigns, the exclusive,. perpetual right, privilege and easement to construct, reconstruct, install, Ley, operate, rwi in, repair, replace, improve, alter, remove, relocate and inspect water trananission and dis- tribution mains, pipe lines, valves, fire hydrants, connections and appurtsssant equipment over, across and under the present and future streets, roads, terraces, alleys, and other yublic or private places 'to -be shown on a plat of Developer's Property that is to be recorded or on Developer's property as shown in Ulster Distribution Layout Plans to be prepared by Beindorf & Associates, Inc., Consultitsg Engineers (said areas hereinafter being called "Sasemont Areas'), together with the full use, occupation, and enjoyment thereof for the above described purposes, and all rights and privileges incidental thereto, including the right to inZress and egress to the property that may be described in the aforementioned Easement Areas. Prior to or simultaneously with the signing of this Agreem at, or thereafter at the option of Service CompwW, Developer shall upon the request of Service CamparW execute a grant or grants of easement, in recordable form to be approved b� Service Company, apecifically designating the Easement Areas granted in this raragraph. Nothing contained in this Agreement shall. prevent Developer or aqr- subsequent owner of Developer's Property from granting exclusive or non-exclusive_ rights, privileges, and/or easements to OW other peraons for the furnishing of utility services other than water nw vice,, provided that Service Corgmunq's use, occupation and enjoyment of its ea.,lements are not interferred with. Z. Provided that Developer is riot in do; •ult under the terms of this Agreement, Service Company shall authoriza -.he extension of its central water supply and distribution system (herein.•:1-sr called "water syatem"), and an necsssary or required distribution lines so that Developers Property will be provided in the manner herein set forth with water supply In accordance with plane and specifications to b: prepared by Beindorf do Associates, Inc., Conoulting Et&ln>ars;=d approved tp Service Coapagy. Service CampLrW shell not be obligatri to authorize the extension of its lines or to furnish any service to ary lot or building on Developer's Property to which it does not have acosaa from an Easement Area. Developer agrees that all filled areas where water fscilitice my be installed will meet with all governmental requirements. Material encountered, when excavating for the installation of the water system, found not to meet s with all governmental or Service Company's requirements sha71 be re®oved and seeplaeed with suitable material.. 3- Developer agrees that ownership of the water mains and small service lines up to and including the individual crater maters, all as shown an dr+aedngs to ba prepared by Baindorf and Associatea, Inc., Consulting Engineers and approved by Service Compngy, shall be deeded to Service CoaparIy, Complete with as built drawing. Bill of Salo, statement of final cost, Letter of Affidavit, and Release of Lien, and shall at all tines remain the sole, complete and OXCIUSive property of Service CompaxW, 6Z— DEC 6 1978 I r M its successors and assigns, and under the exclusive control and operation of Service Company. All other ~rater lines on Developerra Property, shall be considered service lines and shall be owned exclusively by Developer or its assigns. le. It is understood and agreed that the plana, specifications, and con- structiou of all water facilities installod to serve Developer's Progorty must Root Service Cods standards and shall be subject to the periodic inspeetior. and approval of Service Compary, including hydrostatic preasure 1400,g (Yo a?LI } ^essure mains. Prior to acceptance of ownership by Service C=prlt;•Y •aP l -sa• facilities to be owned by these, if the water facilitiea fail to mat &i—v. �e Cwapanyss specifications, or leaks are identified by Service C=4;.�- !' 'ts shall be the obligation of Developer or its assigns to correct such dolt t neies and/or leaks i nmedi ately. In the event Developer or its assi4g fails to correct such deficiencies or leaks within 30 days of notics Service Company shall baso the right to make the necessary oand lustmonts and to discontinue water service uiitil Developer or ~ie makes payment to Service Conparq the. coat of such repairs. 5. Prior to providing mater ser% 9, Service Company may require the owner or occupant of any land.withL 'Ieveloperls Property to enter into a written service contract or agrooam,: for water and/or tiro protection service, and to require payment of Service Companyrs standard tapping fees for setting individual maters together Yith a reasonable deposit to guarantes the payment for such service. 6. Developer shall be responsible for and pap to Service Company its cost of repairs of any breakage or other daaago to the systems installed by Developer and authorized by Service CompuW from Limo of completion. and/or testing of such systems until completion of All buildings, roads,: paving, drainage, and all construction within the right of way, easement area, or adjacent areas. Developer shall, for ono (1) year following the date or final acceptance or the work, guaraateo Service C=parrp against losses reaultint from ].stent detects in materials or improper performance or the work candor the contract. Developer shall be held responsible for correcting all such latent defects which are discovered within *no (1) year from the date of final acceptance of the work, 1711's W11MG-I.-E 0 failing which, Service Company shall make such repairs and/or replace- ments of defective work and Developer shall be liable to Service Copp&rgr for- their costs arising therefrom. 7. This Agreement shall not in any manner whatsoever, prohibit or prevent Service Comp=W from extending its water facilities in or to areas not referred to herein to serve other developers or consumers, so long as said extensions and the furnishing of said services do not in- torfore with the furnishing of the services provided for by this Agree - a. In oaasaidsration of Service Company furnishing nineteen (19) one inch (1") water motors and required overheads, engineering, inspection and testing, Developer shall advance toward the cost of the meters the sum of two thousand one hundred eighty five dollars ($2,185.00), and toward the cost of engineering, inspection and testing the sum of one thousand eighty eight dollars ($,1,0138.00). In addition to these charges dapo Wt .for service of one hundred fifty dollars ($150.00) will be raquirsd making a total of three thousand four hundred twenty three dollars ($3,423.00) payable with the signing of this Agreement. 9. Units constructed under this Agreement are not to exceed 144 apart- . mean units and one recreation building — totaling 19 buildings. 10. In order to assure the availability of water capacity, all service connections mint be completed mithin eO }months from the date of this Agrisawat. Should these connection not be constructed in this time period, Service Company's •obligation and liability shall terminato. 9 11. Service CompmWIs obligations under this Agreement are contingent upon Developer applying for, receiving and turning over to Service Company all necessary approvals from the Florida Srtata Departmont of glealth and Rehabilitative Seryices, Indian River County and all other necessarT gover=wntal agencies and abiding by all province required by these agencies. In addition the providing of service is contingent on •Y• receiving all easementa required from Developer for the construction of the water system under the terms of this Agreement. 1.2. The provisions of this Agreement shall not be construed as establishing a precedent in connection with the anoint or basis of contributions made bT a Developer or other customer or the acceptance thereof on the part of -4- Servicii ConparW for other lands that may be required hereafter b7 Developer and which are not presentlY covered by the within AgrOmmIt- 13, This Agreement supersedes All previous agroemnts or representations either verbal or written, heretofore in effect between Developer and Service Company, mado with respoct to the matters contained herein and when duly exacuted constitutes the complete Agreement between Developer and Service Compere . MERBOF the parties hereto have caused these prenants to ba execaod In manner and form sufficient to bind then an of the day and ywx first set forth above. Signed,, sealed and delivered i he presence of: L7 *L (SFAL) =-Fimiu vr==, :rr;c ej C. D. Overstreet; District YAnager vu,. -7,471 DEC 6 1978 L MID -FLORIDA UTILITIES u . .. . EXHIBIT "C" DEC 6 1978 INVENTORY OCTOBER 31, 1978 Office 1 ea. 6 Drawer Steel Desk 30" X 60" 2 ea. Steel File 92" X 16" 1 ea. Wooden Desk Chair 1 ea. Steel Desk Chair 1 ea. Steel Adding Machine Table 18" X 142" 1 ea. Steel Typewriter Table 32" X 142" 1 ea. Underwood Standard Typewriter 1 ea. Electric Adding Machine 1 ea. Steel Cabinet 36" X 22" 1 ea. 4 Drawer Steel File Cabinet. 142 X 252" 1 ea. Commando 5 Fire Extinguisher 1 ea. Air Temp Window Air Conditioner (Small Unit) Water Plant 1 ea. Full Circle Clamp 8" X 3211 1 ea. Full Circle Clamp 6" X 15" 2 ea. Full Circle Clamp 6" X 7z" 1 ea. Service Saddle_ 4" X 3/4" 4 ea. Service Saddles 6" X 1" 2 ea. Service Saddles 6" X 3/4" 1 ea. Service Saddle 6" X 2" 9 ea. New Badger Meters 5/8 X 3/4" . 9 ea. -Stopped Badger Meters -:5/8 X 3/4" 1 ea. New Badger Meter 1 ea. New Badger Meter 1" u . .. . EXHIBIT "C" DEC 6 1978 EQUIPMENT INVENTORY LIST Company: Mid -Florida Utilities Ia ti Dates Oct. 1978 L. Stand By. Emergency Service Manufacturer: Wisconsin Serial No.: 2746261 Type: Gasoline Engine Style: 2 Cylinder* Service: Drive South Well 2. Zeolite Sohners (2) Manufacturers Permutit Installed: 1972 and 1974 Type: BD Exchange Value: 20,000 Grains/Cu.Ft. Diameter: 510" Unit Volume: 75 Cu. Ft. Meterings 3" Flow Rate: 196 GPM, 294 GPM (Max) 3. Recorders A - Tank Level B - Plant Effluent Manufacturer: Bristol Manufacturer: Bristol Serial No.: 73A-17589 Serial No.: 73A-21372 Model: 1G2G50OG13R-01 Model: 1ER500-45-R10C1 Chart: 55013 Chart: F100,000/1459 4. Chemical Feed Pump (2) Manufacturer: Reliance ID No: C48E167-BN-KY Type: CS Motor: 1/4 HP Q 1725 RPM 5. Chemical Agitators (3) Manufacturer: (2) Precision Control (1) Dayton Serial No.: 91727 - 91786 Model: (2) 3033-11 (1) H-71 6. Chlorinators (2) Manufacturer: Advance Model No.: 205 Appurtenances: Automatic Switchover, (2) 50 lbs/D Rate Tubes, tl) Ejector 7. Booster Pumps (2) Manufactuxer: Aurora Motor: Lincoln 3HP Model No.: RH-15T-BF Type Pumps Turbine Serial NO.: 73-15282 " 8. Chlorine Scales -(2) Manufacturer: Detecto Types 50 lbs. • � Ia ti i DEC 8 197 • e MID -FLORIDA UTILITIES INVENTORY OCTOBER 31, 1978 4" A.C. Pipe 26' 6" A.c. Pipe 365' 8" A.C. Pipe 84' 10" A.C. Pipe 126' 4" C.I. Pipe 20' 6" C.I. Pipe 60' 8" G.I. Pipe 6' 6" M.J. Tee (cast) 1 4" Gate Valve 1 6" Cast Iron Tee - Slip Joint 1 6" Valves 3 Hydrants 3 8 X 8 X 6" Cast Tee 1 6" Cross 1 8" Gate Valve 1 e CERTIFIED 900684 Mr. Carl Overstreet OSJ-78-2066 General Waterworks Corporation 160 West Canton Avenue Winter Park, Florida 32789 Dear Mr. Overstreet: Indian River County MW Rockridge Subdivision (Mid -Florida Utilities) This will serve to confirm a visit to the subject water _supply sytem by Mr. E. O. Daugherty, of this department, on July 12, 1978, for the purpose of conducting a sanitary survey of the water system. Also, on July 18, 1978, Mr. Daugherty met with Mr. Emilio Fernandez to secure additional information. A copy of the results of that purvey is enclosed for your records. Deficiencies noted were: 1. A Cross Connection Control Program has not been instituted as required by Chapter 17-22, Section 17-22.104(4),, Florida. Administrative Code (F.A.C). Potential cross connections were observed at: a) The Tropic Grove Villas Condominium Apartment Complex, 1166 - 6th Avenue, Vero Beach - wastewater treatment plant potable water service line. b) The Surene Mobile Home Park, Dixie Highway and Glendale Road, Vero Beach - wastewater treatment plant potable water service line. c) The South Gate Mobile Home Park, 6th Avenue, Vero Beach - wastewater treatment plant potable water service line. CONTINUED.... • , i{.11'AVA iI 38 f1I'� 175 of� REUBIN O'D. ASKEW 3319 MAGUIRE BOULEVARD • SUITE 232 GOVERNOR S JOSEPH W. LANDERS, JR. ORLANDO, FLORIDA 32803 , SECRETARY ALEX SENKEVICH DISTRICT MANAGER STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION ST. JOHNS RIVER DISTRICT September 21, 1978 CERTIFIED 900684 Mr. Carl Overstreet OSJ-78-2066 General Waterworks Corporation 160 West Canton Avenue Winter Park, Florida 32789 Dear Mr. Overstreet: Indian River County MW Rockridge Subdivision (Mid -Florida Utilities) This will serve to confirm a visit to the subject water _supply sytem by Mr. E. O. Daugherty, of this department, on July 12, 1978, for the purpose of conducting a sanitary survey of the water system. Also, on July 18, 1978, Mr. Daugherty met with Mr. Emilio Fernandez to secure additional information. A copy of the results of that purvey is enclosed for your records. Deficiencies noted were: 1. A Cross Connection Control Program has not been instituted as required by Chapter 17-22, Section 17-22.104(4),, Florida. Administrative Code (F.A.C). Potential cross connections were observed at: a) The Tropic Grove Villas Condominium Apartment Complex, 1166 - 6th Avenue, Vero Beach - wastewater treatment plant potable water service line. b) The Surene Mobile Home Park, Dixie Highway and Glendale Road, Vero Beach - wastewater treatment plant potable water service line. c) The South Gate Mobile Home Park, 6th Avenue, Vero Beach - wastewater treatment plant potable water service line. CONTINUED.... • , i{.11'AVA iI 38 f1I'� 175 s k Mr. Carl Overstreet Page Three �:'" OSJ-78-2066 ;. September 21, 1978 Based on the sanitary survey, evaluation of our records and Mr. Sambamurthi's evaluation, you are hereby instructed to take immediate steps to provide this community with an acceptable and reliable water supply, whether it be through bulk purchase or additional treatment and sources. During the interim, you are advised that the above listed deficiencies are to be corrected. You are further advised that within thirty (30) days following receipt of this letter, it will be necessary for you to provide this department with a report on what measures have been initiated to provide an acceptable drink- ing water to this community. For your ready reference, the following information is enclosed. 1. Chapter 17-22 Florida Administrative Code. 2. Chapter 17-16 Florida Administrative Code. 3. An outline on "How Does One Initiate A Cross Connection Control Program?" 4. A paper on "Be a Cross Connection Expert." 5. A paper on "What Are Cross Connections?" A manual entitled "Cross Connection Control Manual" by U.S. Environmental Protection Agency, Office of Water Programs, Water Supply Division can be purchased from: Superintendent of Documents U.S. Government Printing Office Washington, D.C. 20402 In addition, the American Waterworks Association has some publications relative to cross connections. Please keep us advised as to the progress made in these areas. Your continued cooperation in our drinking water program is appreciated. • Sincerely , — F4A W. M. Bostwick, Jr., P.E. WMB/ s Water Engineering Section Enclosures cc: Indian River County Health Department Indian River Board of County Commissioners M. Sambamurthi, P.E. Glenn M. Dykes - DER - Tallahassee DEC 6. 1978 sem; 1 .:-•nnwWa:+.,..,• 1Ar.:.: u,. .:�. .; ... b yy :•w :.;; .. .<ik xiw r. ..,.; v.u�iefu'a�a+'y� ..ifao •,..ri,Va,_'".�'�','"m'. ... " ,ev''�, ... - :7c � ._ �..i-.W.::.MJI.i'.i4..fa..wia.l..' .•_—u.:l::. .•�� : �1/ li�� ....i....:Y-,A .►.G.1fOJi+�+wl�..ar5fr�l.r= a fr �'- " - s= ` .'^ :A,. a:.nai.._r ,... �.. - b, t .� • :Y�,•.-. .....f.. .. ...-.. .. ^tea. rL.•-rf i,., „L.�....�.--....- - COUNTY OCCUPATIONAL LICENSE ucftuMR INDIAN RIVER COUNTY -STAT, Oi fLORIDA - YEAR�._.�---:•,:' + • THIS LICENSE ISSUED IN ACCORDANCE WITH INDIAN RIVER COUNTY._ , 9-21. 7811. FLORIDA. COUNTY COMMISSIONERS ORDINANCE NO. 72•6' • , 1 ;.i,' . :, THE NAMED BELOW IS HEREBY LICENSED TO ENGAGE IN THE . •� C �� BUSINESS. PROFESSION OR OCCUPATION OF.. •J LICENSE .AMOUNT • 11. OD P g u 3 • • TRANSFER FEE ; >t• gam■ WATER CO - a DEL. PENALTY- IOTA ENALTY- TOTA :�sa •AT �PERIOD BEGINNING THE SHOWN ADDRESS FOR T • • •" ' • ' • '•' " ' - 1 •• 21613 ON THE IST DAY OF OCTOBER. 19.x-••.7A�ND ENDING ON Twu roAw' oacern A Rseat►T GXLY vrwnt YAUO4l/0 91 Z[CQR/M t THE LAST DAY OF SEPTEMBER. A. D. 19^{.-�-� MACwlwa tMOWiwO TMNMCT1Cw CATI. AMO A3WUX VAICr 4 _' �- MID -FLA UTILITIES W;= 950 '13TH LANE' SEP �1 7 2 �: E 11 C�•�j ' ' VERO BEACH FLA 32960 .. ;.• ((.tom: J1 '. '-" 4� •3 i ..:.. t = is ,�I r- � .. -\ f •.r!'.N •t:,+,'• �: Y is ,:+t 1 't I w-cJ •'-:!: a LICEtr58 RECEIPT" WHEN VALIDATED TAA ELECTOR. INDIAN RIVER COUNTY. vane S"CN. 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AGREEMENT BETWEEN CODY & ASSOCIATES, INC., AND THE COUNTY IS HEREBY MADE A PART OF THE MINUTES AS APPROVED AT THE MEETING OF NOVEMBER 1, 1978. 153 .B Tim CONTRACT THIS AGREEMENT made and entered into this M6 day of PGC. 1978, by and between the Board of County Commissioners of Indian River County, Florida hereinafter referred to as the "County" and Cody & Associates, Inc., a corporation chartered in the State of Florida, with offices at 2928 Franklin Street, Lakeland, Florida and 305 Jack Drive, Cocoa Beach, Florida, hereinafter called "Consultant". WITNESSETH: WHEREAS, The County is desirous of having an outside firm design a Position Classification and Pay Plan for the County Personnel; and WHEREAS, Cody & Associates, Inc., is experienced in this type of study and is able and willing to conduct such a study for the County; NOW, THEREFORE, for and in consideration of the mutual convenants and agreements hereinafter set forth, the parties hereto convenant and agree as follows: CONSULTANT AGREES TO: 1. Position Classification and Pay Plan Study PHASE I A. Conduct an introductory meeting of all department heads to explain the approach and goals of the study. A Position Questionnaire will be distributed and explained at this meeting. • B. Position Questionnaires will then be submitted to each employee included in the study. C. Postion Questionnaires will request the employee to ex- plain, in their own words, their job duties, responsibilities, supervision given and received, physical efforts and other related job information and position factors. D. The forms will be routed through the lines of supervision for comments as to job -content by the employee's department head and supervisor. E. The Consultant will conduct meetings with each of the depart- ment heads to discuss the positions under their.supervision. _ E 179 + DEC 6 1970 F. The Consultant will then perform field and job evaluations studies of positions, where necessary, to evaluate the various jobs and to determine the complexity of the duties assigned to the positions. (The ability of the incumbent to perform the job duties will not be a factor in the .job evaluation or study.) G. Each position in the survey will be related and we will design a Classification Plan tailored to the need's of the County. Recommendations will include changing existing classifications, where needed, and establishing new classifications where necessary. H. Normal lines of promotion will be maintained or developed during this step in the survey. PHASE II A. After tentative position classifications, class titles and preliminary pay grades have been established, the Consultant will meet with the Department Heads to review our allocations, and to verify the accuracy of the information received in the field. B. In this step, the County will be furnished a list of the tentative position allocations and titles within their unit. Comments and approval will be requested during this step to assure understanding by those who will be involved in the implementation and maintenance of the plan. PHASE III A. The Consultant will then conduct a Wavle and Salary Survey in the labor market where the County recruites for employees. B. Positions will be compared by job content in the local area for those position which are recruited for locally. For positions where the County competes on a regional, statewide or national basis, the needed salary data will be secured and studied. C. The'Consultant will then design a current and competitive Pay Plan for the occupations contained in the Classification Plan. PHASE IV 9 A. The Consultant will edit, update or create new Class Descriptions to reflect illustrative duties, job content and qualifications for entrance to a position in the classification. PHASE V A. A written report will be personally presented and discussed, and will include: 1. Discussion of the study and our approach. 2. Recommended Position Classification Pian and Pay Plan. 3. Class Descriptions. 4. Methods of implementing the recommendations. S. Other related recommendations. -2- :y. B. The Consultant will complete the assignment within four months from the date completed Questionnaires are returned to the Consultant. THE COUNTY AGREES TO: A. Provide information relating to the study as required by the Consultant. B. Provide access to such records and other related information that may be needed to enable the Consultant to carry out the project. C. Provide access to employees and employee work sites as necessary to enable the Consultant to complete desk and field audits. D. Pay the Consultant the total sum of Six Thousand Six Hundred Dollars ($6,600.00) which includes out-of-pocket expenses. E. Invoices will be submitted by the Consultant to the County in four monthly billings as follows: 1. $1,650.00 2. $19650.00 3. $1,650.00 4. $1,650.00 F. County will hold back 15% of each progress draw until the study is completed. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in their proper name, by their duly authorized officers, and their respective signatures hereunto affixed. CHAIRMAN, BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY FLORIDA Witnessess: r 0 o hairman As to Consultant -3- Via; Attest: A- 4"01- 4"01- CODY & ASSOCIATES, INC. Vice President THE SEVERAL BILLS AND ACCOUNTS AGAINST THE COUNTY, HAVING BEEN AUDITED, WERE EXAMINED AND FOUND TO BE CORRECT, WERE APPROVED AND -WARRANTS ISSUED IN SETTLEMENT OF SAME AS FOLLOWS: TREASURY FUND NOS. 60236 - 60432 INCLUSIVE. SUCH BILLS AND ACCOUNTS BEING ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT, THE WARRANTS SO ISSUED FROM THE RESPECTIVE FUNDS BEING LISTED IN THE SUPPLEMENTAL MINUTE BOOK AS PROVIDED.BY THE RULES OF THE LEGISLATIVE AUDITOR, REFERENCE TO SUCH RECORD AND LIST SO RECORDED BEING MADE A PART OF THESE MINUTES. THERE BEING NO FURTHER BUSINESS, ON MOTION MADE, SECONDED AND CARRIED, THE BOARD ADJOURNED AT 7:35 O'CLOCK P.M. ATTEST: vq CLERK CHAIRMAN 157 1 Nr. it"7