Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
08/20/2013AP-5A
gill ' • 9fiiY is tocertib that 'r Wary T I ! ' r eis fiere 6y presented Mig RetirementAward �r for outstanding pe!formance atuf e r to 0 6 Ind&n River County rF� i l / I I County1 ! a Y j t Ir ! yearsofservke �Y On day ofluly 2013r a� I 1 � / joseph ` flaistant / 1 1 I l i i t CountyCommissioner, l 1 IA i 'r�- Fri ^�� �r ' f/'� ➢ r PROCLAMATION HONORING MARY T. HIGHTOWER ON HER RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF GENERAL SERVICES/PARKS DIVISION WHEREAS, Mary T Hightower retired from Indian River County Parks Division effective July 31, 2013; and i . WHEREAS, Mary T. Hightower began her career with Indian River County on July 25, 1978, as a Maintenance Worker in the Parks Division. She was promoted March 30, 2001, to Senior Maintenance Worker, which is the position she held until her retirement; and 4 ti"giic r Gi Fv cS'-on—e—af m Jfci"ai Giii E ij%1?e3— ifi'.i`ariZs-- lvistrift when it was established within the Public Works Department and served in that capacity with the utmost professionalism, and t. ...-- ---- � _ i WHEREAS,Mary T. Hightower has served this County and the Public with distinction and selflessness. During her THIRTY-FIVE years 'service, she has seen many r changes Mary has always taken great pride in her work and has been a positive influence on other employees She set the standard for others to follow. She 'was dedicated and her work was greatly appreciated by the employer, citizens and co- workers alike, and NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds Mary T. Hightower's efforts on behalf of the County, and the Board wishes } to express.their appreciation for the dedicated service she has given to Indian River County for the last THIRTY-FIVE years; and , BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes for success in her future endeavors. Adopted this 20th day of August 2013. � I v BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA I !i .�r0R xf6seph E. Flescher, Chairman , PROCLAMATION 5Z, RECOGNIZING AUGUST 11 THROUGH AUGUST 17,2013 AS NATIONAL HEALTH CENTER WEEK dVHEREAS,America's community health centers are at the core of our health care system and the nation's safety net, delivering high quality, cost effective, and accessible primary and preventative care to all individuals regardless of their ability to pay; and WHEREAS, health centers are located in medically underserved areas and locally-controlled by patient-majority boards, making each health center responsive to the needs of the individual community it serves; and WHEREAS, currently, there are more than 1,200 health centers serving as health homes for more than 22 million individuals at more than 9,000 locations across the country; and WHEREAS, health centers offer patient-focused, coordinated health care — preventive and primary care that families and individuals need, where and when they need it; and WHEREAS, health centers employ more than 9,500 physicians and more than 6,300 nurse practitioners, physician assistant, and certified nurse midwives, along with social workers, case managers, and community health workers, as part of a multi-disciplinary clinical team designed to treat the whole patient, coordinating care and managing chronic disease, at the same time reducing unnecessary, avoidable and wasteful use of health resources; and WHEREAS, the health center model has been proven to be an effective means of overcoming barriers to access for the medically underserved and in doing so, improving health care outcomes and reducing health care costs; and WHEREAS, this unique model allows health centers to save the entire health system approximately $24 billion annually by keeping patients out of costlier health care settings, such as emergency rooms; and WHEREAS, health centers are expected to become the health care home for many of these new patients, but the demand for health centers continues to vastly outpace growth and many existing health centers are already at capacity; and ( NHEREAS, health centers are committed to expanding to meet the needs of the communities they serve and to grow their reach to serve every individual who currently lacks regular access to a health care home; and WHEREAS, National Health Center Week offers the opportunity to recognize America's health centers, their staff, board members, and all those responsible for the continued success and growth of the program,since its creation almost 50 years ago. During National Health Center Week, we recognize the multitude of ways in which America's Heath Centers is transforming care in local communities by delivering comprehensive, high quality, cost effective, and accessible health care. THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that-the week of August 11 through August 17, 2013 be recognized as National Health Center Week and encourage every citizen to visit their local health center and celebrate the important partnership between America's Health Centers and the community they serve. Adopted this 20th day of August, 2013 BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA r V _ J eph . Flescher, Chairman .Qz= We y S. Davis, Vice Chairman z: 41, ;SF 6 e'Jiflr ' F t t 3 * Peter D. O'Bryan 01 Bob Solari Tim Z 8 10, I3 FACHC The Economic Impact of Treasure Coast Community Health, Inc. Florida's federally qualified health centers(FQHCs)have provided comprehensive, culturally competent, quality primary health care services to medically underserved communities for more than 40 years. Florida's FQHCs now total 50 grantees and over 320 service locations—of which four service locations are operated by Treasure Coast Community Health(TCCH)throughout Indian River County.These sites provided almost 53,000 visits to over 15,500 patients in 2011 —of which 96.3%of those for which this information was reported were at or below 200%of poverty and 82.0%were either uninsured or on Medicaid. Using IMPLAN modeling software, our state primary care association,the Florida Association of Community Health Centers(FACHC), has determined the overall economic impact of Treasure Coast Community Health's Indian River County locations is $13.2 million. There is an additional return on investment of$0.83 for each$1.00 invested in this FQHC. This analysis is meant to provide only a fair State& Local Government Revenue Impacts of evaluation of the purely economic impact of the Treasure Coast Community Health Treasure Coast Community Health's service locations in Indian River County. To understand the entire, intrinsic impact of these health care E250,000 providers on the quality of life in the County, it $200,000 would be imperative to investigate the services $150,000 provided by this center, the outreach efforts undertaken to actively engage individuals and $100,000 - - their communities to better their own well-being $50,000 - - - and the positive impact that would have on the citizens of the County. For example, as a result of a center providing medical services to a child, Direct Indirect Induced then that student and her/his parents are then able to be present at their respective duties and the negative impact (economic,societal and health)of missing school and work are then relieved. However,this analysis does not drill down to that level and provides a purely objective measurement that demonstrates the economic impact, without subjective inputs. TCCH has an impact on every corner of the economy, but the five most affected areas are Services;Finance, Insurance& Real Estate; Wholesale&Retail Trade; Public Administration and Information.These five sectors of the economy are responsible for a majority of the fiscal production that results from the health center. The FQHC also acts as a valuable employer,accounting for 190 jobs throughout the county. In addition to the 136 positions at the health center(direct jobs),54 additional jobs are created as a result of respending (indirect jobs)and response to need created by the health center(induced jobs). In other words,when an employee(direct job) spends wages,these dollars are injected into the community and Overall Economic Impact create/pay towards employers hiring(indirect jobs). Similarly, a restaurant may open nearby to serve the $1,380,790 employees and/or patients who need to eat(induced it ■Direct Effect jobs).The five sectors previously listed account for most • oindirect Effect of employment(187 positions). Employment provided through this Center not only strengthens the communities' ■Induced Effect social fabric by reducing unemployment and poverty, but the safety net services also reduce local hospital and physician bad debt and charity care,while improving access to services that might otherwise be out of reach (fiscal and transportation)to many individuals. 5- 1 The Economic Impact of Treasure Coast Community Health,Inc. Another aspect of this analysis was to determine the positive s o1dw fiscal impact provided to . b�1 government of Treasure Coast i4iaesasa Community Health's economic activities. IMPLAN results t showed that Indian River County's state and local Sho I M government entities benefit by1 n A $398,000—mostly through .•moo�..wr property taxes and those paid ` by and through businesses , (e.g. sales tax,fees,fines, M licenses permits,etc.). However,this is only a fraction of the total governmental ,r„. WOO. x revenue generated as a result { P xna of the FQHC's presence; as the � Eowk overall(federal, state and local) impact in this regard totals$1.7 million. Florida's community health centers are not only a leader in the most efficient and cost effective healthcare provision in the state—and nation—they are also a major economic contributor and source of job creation. Some are more recent additions,while others have been in existence for decades—though all provide much-needed medical, dental and behavioral health services(or have the ability to assist an individual in finding a source for these services at a nearby location).As a result of community health centers,the healthcare system sees a reduction in costs,since these provider settings reduce more expensive inpatient care by substituting preventive care. It is imperative to local economies to continue funding these vital assets that are placed strategically throughout the most vulnerable and needy populations. It is also of the utmost importance to find ways to create and strengthen local opportunities for collaboration and expansion amongst private and/or public entities and Treasure Coast Community Health, which has deep roots in Indian River County. TCCH makes sizeable contributions and expenditures that are specifically focused on low-income, medically underserved areas. Many of those dollars are imported from outside the community through federal grants and public health care program spending,with an increase in state economic leverage through federal Medicaid matching dollars. Learn more about FQHCs at the U.S.Bureau of Primary Care(BPHC)website:httD://bDhc.hrsa.gov/index.html The Florida Association of Community Health Centers (FACHC)Is designated as Florida's Primary Care Association (PCA). The primary mission of FACHC is to improve access to quality health services by bringing together agencies, legislators and key persons able to affect health care services. Learn more about FACHC and the FQHCs detailed in this report at our website:http://www.fachc.org IMPLAN®(IMpact analysis for PLANning)economic impact modeling system is used to create complete,extremely detailed Social Accounting Matrices (SAMs)and Multiplier Models of local economies.These SAMs illustrate a complete picture of the economy and are used to generate predictive input- output multipliers for estimating economic Impacts. IMPLAN data sets are made of local data which are specific to the region being modeled and estimates of trade flows.These data are combined by the IMPLAN software to form the picture of the local economy. Florida Association of Community Health Centers The Economic Impact of Treasure Coast Community Health,Inc. Another aspect of this analysis was to determine the positive s + fiscal impact provided to , government of Treasure Coast :,a wabasso, Community Health's economic activities. IMPLAN results showed that Indian River z County's state and local s"�Dnd..`94"" government entities benefit by � i. ralna $398,000—mostly throught°''t tT� property taxes and those paid by and through businesses t r. rt, vt43 (e.g. sales tax,fees,fines, licenses permits,etc.). �= However,this is only a fractions. of the total governmental <.> revenue generated as a result of the FQHC's presence; as the r?�j_?tie nr' "w�:Tpic overall(federal, state and local) f impact in this regard totals$1.7 million. Florida's community health centers are not only a leader in the most efficient and cost effective healthcare provision in the state—and nation—they are also a major economic contributor and source of job creation. Some are more recent additions,while others have been in existence for decades—though all provide much-needed medical, dental and behavioral health services(or have the ability to assist an individual in finding a source for these services at a nearby location).As a result of community health centers,the healthcare system sees a reduction in costs,since these provider settings reduce more expensive inpatient care by substituting preventive care. It is imperative to local economies to continue funding these vital assets that are placed strategically throughout the most vulnerable and needy populations. It is also of the utmost importance to find ways to create and strengthen local opportunities for collaboration and expansion amongst private and/or public entities and Treasure Coast Community Health,which has deep roots in Indian River County.TCCH makes sizeable contributions and expenditures that are specifically focused on low-income, medically underserved areas. Many of those dollars are imported from outside the community through federal grants and public health care program spending,with an increase in state economic leverage through federal Medicaid matching dollars. Learn more about FQHCs at the U.S.Bureau of Primary Care(BPHC)website:htto://bohc.hrsa.gov/index.html The Florida Association of Community Health Centers (FACHC)Is designated as Florida's Primary Care Association (PCA). The primary mission of FACHC is to improve access to quality health services by bringing together agencies,legislators and key persons able to affect health care services. Learn more about FACHC and the FQHCs detailed in this report at our website:httv//www.fachc.ora IMPLAN®(IMpact analysis for PLANning)economic impact modeling system is used to create complete,extremely detailed Social Accounting Matrices (SAMs)and Multiplier Models of local economies.These SAMs illustrate a complete picture of the economy and are used to generate predictive input- output multipliers for estimating economic impacts. IMPLAN data sets are made of local data which are specific to the region being modeled and estimates of trade flows.These data are combined by the IMPLAN software to form the picture of the local economy. Florida Association of Community Health Centers PROCLAMATION DESIGNATING THE MONTH OF SEPTEMBER, 2013 AS OVARIAN CANCER AWARENESS MONTH WHEREAS, there will be an estimated 22,240 new cases of ovarian cancer diagnosed in the United States during 2013; and 4,,:> WHEREAS, there will be an estimated 14,030 women who will die of ovarian cancer in the United States this year; and WHEREAS, ovarian cancer is a serious and under-recognized threat to women's health. It is the 10th most common cancer among women, but the 5t leading cause of cancer- related-deaths. Currently 44% of the women diagnosed with ovarian cancer die from it within five years; and WHEREAS, relatively little is known about the disease and more ovarian cancer research is needed to develop early detection tools, better therapies, cures and prevention strategies; and WHEREAS, raising public awareness about ovarian cancer by educating nurses, doctors and women about the disease and its symptoms — bloating, difficulty eating or feeling full quickly, pelvic or abdominal pain, urinary problems (urgency or frequency) can help save women's lives. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the month of September, 2013 is hereby designated as Ovarian Cancer Awareness Month in Indian River County, Florida and urge all men and women to become aware of the risks, and discuss a screening program with their physicians. Adopted this 20th day of August, 2013. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA 16 a Flescher, Chairman fWesley S. Davis, Vice Chairman LOR B olari 4 t,� D 'Bryan rrim Zor /' PROCLAMATION RECOGNIZING SEPTEMBER 19, 2013 AS IT CAN WAIT NATIONAL DAY OF ACTION WHEREAS, the Indian River County Board of County Commission holds the health and safety of its teenagers and adults as a chief concern; and WHEREAS, through ItCanWait.com, Facebook, text-to-pledge, tweet-to-pledge and events, more than 1.3 million people have committed to never text and drive; and WHEREAS, 98% of American commuters know sending a.text or email while driving is not safe; and WHEREAS, 49% of commuters text while behind the wheel; and WHEREAS, 43% of commuters who text while driving reported the activity as being a habit; and WHEREAS, a Virginia Tech study showed those who send text messages while driving are 23 times more likely to crash; and WHEREAS, a driver that sends a text message while driving not only jeopardizes his or her safety, but also the safety of passengers, pedestrians, and other drivers. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that September 19, 2013 be recognized as It Can Wait National Day of Action. Adopted this 20th day of August, 2013. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA v CD seph E. Flescher, Chairman Wesley S. Davis, Vice Chairman t Peter D. O'Bryan CA(� � ' Bob Solari Tim INFORMATIONAL ITEMS AUGUST 20, 2013 (W INDIAN RIVER COUNTY INTER-OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: July 19, 2013 SUBJECT: Town of Indian River Shores 2013/2014 Committee Appointments FROM: Terri Collins-Lister, Commissioner Assistant The attached Committee appointments list has been received in the BCC Office for the Town of Indian River Shores for 2013/2014. Attachment 8 Committee Assignments. These are the current committees on which the Town Council participates: Name Primary Alternate Meets (day, fre uency MPO(Metropolitan Planning Dick Haverland, Jerry Weick, 42' Tuesday Organization) Councilman Vice Mayor monthly, 10 a.m., AHAC(Affordable Housing Jerry Weick, OPEN Irregularly, 1 to 6 Advisory Cmte.) Vice Mayor times/year, IRC EDC Jerry Weick, Brian Barefoot, 3r Tuesday Vice Mayor Mayor monthly,3 p.m., Beach&Shore Preservation Tom Cadden, Jerry Weick, 3 rd Monday Councilman Vice Mayor monthly, 3 p.m., Elected Official Oversight Jerry Weick, OPEN Irregularly Committee(EEOC) Vice Mayor TCCLG(Treas. Coast Dick Haverland, Slater/Barefoot 1"Wednesday Council Local Gov't.) Councilman Council/Mayor monthly, 10 a.m. TCRLC(Treas. Coast Tom Slater, Tom Cadden, 3r Wednesday Regional League of Cities Councilman Councilman bimonthly, 10 TCRPC(Treas. Coast (Sebastian Mayor Tom Cadden, 3r Friday Regional Planning Council) Jim Hill) Councilman monthly,9:30 a.m. FLC—Intergovernmental OPEN OPEN Irregularly Relations \Users\TownClerk\Documents\Committees\Committee Assignments for Town Council.doc Updated 7-16-13 (W 9 SCRIPPS TREASURE COAST �-20 .I3 NEWSPAPERS Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 SCPJPPS AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared,Sherri Cipriani,who on oath says that she is Classified Inside Sales Manager of the Indian River Press Journal,a daily newspaper published at Vero Beach in Indian River County,Florida:that the attached copy of advertisement was publshed in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County,Florida,and that said newspaper has heretofore been continuously published in said Indian River County,Florida,daily and distributed in Indian River County,Florida,for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person,firm or corporation any discount,rebate,commission or refund for the purpose of securing this advertisement for publication in the said newspaper.The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach,Indian River County,Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Ad Pub Customer Number Date Copyline Po# CLERK OF THE CIRCUIT COURT 2538806 7/29/2013 PUBLIC NOTICE UNCLAIMED MONEYS NEWSPAPER E-Sheet® LEGAL NOTICE ATTACHED ********************* DO NOT SEPARATE PAGES Sworn tp"and subscribed before me this day of, July 29, 2013, by � r who is Sherri Cipriani [X] personally known to me or ORIGINAL [ ] who has produced as identification. Mary T. Byrn6 Notary Public ,`5.,y v 4,r�/ �,- MARY T BYRNE 3 ,c Notary Public-Stats of Florida My Comm.Expires Aug 2,2014 ax"�9". Commission EE 7134 w - � TCPALM.COM CLASSIFIED IR MONDAY,JULY 29,2013 •SCRIPPS AREA NEWSPAPERS •11 e d i 0 f i 3 IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT,IN AND FOR INDIAN RIVER COUNTY.RORIAn CASE NO.:2012 CAUOI623• WELLS FARGO BANK,NA successor by merger to Wachovia Bank,NA, NOTICE Plaintiff, NOTICE OF UNCLAIMED POINTE WEST Of VERO BEACH,LTD.,a Florida limited partnership,t al, MONEYS Defendants. Unclaimed moneys NOTICE OF SALE for cash bonds de- NOTICE IS HEREBY GIVEN tea,pursuant to that certain Final Judof Foreclosure entered in the above-styled cause on June 24,2013,the Clerk of Me Court will sell tM ed in Indian River p oai[otl w it M1 t h e Judgment proq,anwt Clerk ohs Circuit County,Florida,described as: o Jams See EXMbin'A'and'B'tuched hereto Court,1,2012,dor[101 IA, E%HIBIT'A' following delendante PARCEL 1: ill.forfeited to Tnd(V,'0',V,..1..and'Kt.Pointe Wen No.Village Phase I PD as recorded in Plat Book 15,page 82,public records of Indian River County,Florida.1: w C a Indien River 2 LeutM1t pI+R oITntOconvryedin n o al 1.?,A ,29,page;11',11.. County Clerk of Leu ted Excet any pen Of cepNen lybp wnM1in tM lands aeecribed hn 1e.t 10 acro off Wet 0.60 ecru of Trat 10) Cc PARCEL ,;1.-J:',•0';17.1b hbondy Im.mi'ansl,aelt.a. .cash bona by Q PMEl2 the t,2012 IaendwalN,ebud. W PARCEL 4: Fon a listing 1 f delen- C.) 2 POINTE WEST EAST VILLAGE dente and TMS pert of Tnd(2,3,1,5,6,)and 12 Setian],TCounty 33 S9to,nange 39 Eat,Indian 00.0,,os C 1401.0 Subdivision,.001010310 pit Nareol rac0Ned in Pit Book 2,page 25,of the public records he be lance of the 154 nada Courcd.Florido now of re in dntlian R,ee County Flprids,nprtM1 ai SM1e north ripM 0f wry line of the IMian flier Farms Water Control DItnt Main Gnal. pµ = NOW ant N road ri Pointe Wesal 0f record. fJ� NOWKNOWNt5:.14,1Wet4Ens 1.20,Village,10au1,1ae recorded Book page Nepublic records of Indian Rivers and Floriexcepts Bonds,please vi sit 7 Len and 176.179,except80,1111 and 111116,19.M,21,103,101,105,1n,108,132,131,131.135.130,137,160,161,162.165 and 160 also laze and excepting LDC.1.2,1,5,6,),9,10,11,12.13 and 15:also excepting Ices o u w Wlerk.l ntd le n. ARCEL 2. L Co) POINTE WEST GOLF COURSE PARCEL 1 rwer.OrB. Iwrie Z A COMMEENCE AT L OF THE NORTHEASLONG IN TION 12,CORNER OF SAIDPSECTION 11.RANGE2:THENCE SOUTH S DEGREES INDIAN R 12 MINUTES 52 SECONDS DESCRIBED AS DISTTANCE OF 30.00 FEET:THENE SOUTH 09 DEGREES 52 MINUTES O6 'form tionct Me GTab,aland U = SECONDS WEST,A DISTANCE OF 90.00 FEET TO THE POINT OF BEGINNING:THENCE SOUTH 0 DEGREES 12 MINUTES 52 SECONDS WEST,ALONG A UNE THAT S 90.00 FEET WEST OF,AS MEASURED AT Unclaimed Monier RIGHT ANGLES TO,THE EAST LINE OF SAID SECTION 12,A DISTANCE OF 101180 FEET TO A POINT ON THE NORTH RIGHT OF WAY UNE OF 14TH LANE,A 60 FOOT PRIVATE RIGHT OF WAY AS SHOWN ON THE PLAT OF POINTE WEST CENTRAL VILLAGE PHASE I PD AS RECORDED IN PLAT BOOK 15,PAGE 92,OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY,FLORIDA.THENCE SOUTH 89 DEGREES pub;July 29,2013 wC 52 MINUTES 32 SECONDS WEST,ALONG SAID RIGHT Of WAY LINE,A DISTANCE OF 505.65 FEET TO THE POINT OF CURVATURE-OF A NON-TANGENT CURVE,CONCAVE TO THE NORTH,HAVING A RAD- TCN2538806 O US OF 360.00 FEET,A CENTRAL ANGLE OF 31 DEGREES 10 MINUTES 19 SECONDS,AND A CHORD OF 183.45 FEET BEARING NORTH 74 DEGREES 32 MINUTES 19 SECONDS WEST;THENCE WEST e lm, ALONG SAID CURVE,A DISTANCE OF 185.86 FEET TO THE POINT OF CURVATURE OF A REVERSE CURVE.CONCAVE TO THE SOUTH,HAVING A RADIUS OF 4333.50 FEET,A CENTRAL ANGLE OF 31 DE. wwe GREES 10 MINUTES 18 SECONDS,AND A CHORD OF 232.41 FEET BEARING NORTH 74 DEGREES 32 MINUTES 19 SECONDS WEST;THENCE WEST ALONG SAID CURVE,A DISTANCE OF 235.30 FEET; 'W` THENCE SOUTH 88 DEGREES 52 MINUTES 32 SECONDS WEST,A DISTANCE OF 6013 FEET TO THE POINT OF CURVATURE OF A CURVE,CONCAVE TO THE NORTHEAST,HAVING A RADIUS OF 25.00 O _ U WAY LIE THENCE 75TH TERRACE NORTHWEST LONG THE AS SHOWN ONO THE AFOREMENTIONEDSAIPLATPLAT OF PGH A CENTRAL NTE WEST CENTRALGVILLLAGE PHASE IS 00 PD THENCEENORTH OANCE OF DEGREES 07 MINUTES MINUTEET S 28 SPEICCOOND WON EST,AALONG RIGHTT OFNOTICE INACTION IN THE CIRCUIT RIGHT OF WAY LINE,A DISTANCE OF NT;THENCE NORTH N DEGREES MINUTESES 32 SECONDS EAST.A DISTANCE OF FET:THENCE SOUTH 0 DEGREES O)MINUTES 28 SECONDS COURT THE L DISTANCE FEET; DEGREES MINUTES DISTANCE THENCE NORTH DEGREES SECONDS WEST, NINETEENTH • < O OF 10.2FEET;THENCE NORTH N DEGREES 52 MINUTES 32SECONEAST ADSSTANNCE OP 1570FEEET;THENCE DEGREES O]MINUTES 0B SECONDS WEST,A DISTANCE OF 270.11 FJUDICIAL CIRCUIT T TO A POINT ON THE OF INDIAN AND ALSO A POINT ON A S THAT IS 60 AS NO AT RIGHT ANGLES TO. IN AND FOR r THE NORTH UNE OF SAID SECTION12 TE NORTH 80 DEGREES 522 MINUTES 06 SECONDS EAST,ALONG SAID LINE,A DISTANCEOF 71339 FEET TO THE POINT OF BEGINNING. INDIAN RIVER U Z Z LPeu,L hMapt that pan released m Official Records Book 2005.pfge 2210 end that pan conveyed in ORAL Records Book 2233,page 341. COUNTY,FCIVILORIDA POINTE WEST GOLF COURSE PARCEL 2 CASE NO.: COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 12 THENCE SOUTH 0 DEGREES 12 MINUTES 52 SECONDS WEST,A DISTANCE OF 1091.89 FET'THENCE SOUTH 89 DEGREES 52 MINUTES 05 311Ot2CA601 m0 SECONDS WEST,A DISTANCE OF 3800 FEET TO THE POINT OF BEGINNING;THENCE SOUTH 0 DEGREES 12 MINUTES 52 SECONDS WEST,ALONG A LINE THAT IS 90110 FEET WEST OF.AS MEASURED XXXX%X AT RIGHT ANGLES TO,THE EAST UNE OF SAID SECTION 12,A DISTANCE OF 110127 FEET TO THE NORTH RIGHT OF WAY LINE OF 12TH STREET,A 100 FOOT PUBUC RIGHT OF WAY;THENCE NORTH 89 DEGREES 39 MINUTES 23 SECONDS WEST,ALONG SAID RIGHT OF WAY LINE,A DISTANCE OF 1807.20 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF SOUTH VILLAGE DRIVE,A 50 FOOT PRI- JPMORGAN CHASE ED VATE RIGHT OF WAY AS SHOWN ON THE PLAT OF POINTE WEST SOUTH VILLAGE PHASE I PD A5 SHOWN ON THE PLAT THEREOF,AS RECORDED IN PLAT BOOK t8,PAGES 932 OF THE PUBLIC RE- BANE NATION A L VIRE OF INDIAN RIVER COUNTY,FLORIDA;THENCE NORTH 0 DEGREES 20 MINUTES 38 SECONDS EAST,A DISTANCE OF 67.35 FEET TO THE POINT OF CURVATURE F A CURVE CONCAVE TO THE ASSOCIATION SOUTHEAST,HAVING A RADIUS OF 75.00 FET;THENCE NORTHEAST ALONG THE AOC OF SAID CURVE,THROUGH A CENTRAL ANGLE OF 56 DEGREES 23 MINUTES 20 SECONDS,A DISTANCE OF PI,DTP, 73.52 FEET;THENCE NORTH 56 DEGREES 44 MINUTES 0 SECONDS EAST,A DISTANCE OF 1608]FEET TO THE POINT OF CURVATURE OF A CURVE,CONCAVE TO THE NORTHWEST,HAVING A RADIUS COF 125.00 FEET;THENCE NORTHEAST ALONG THE ARC OF SAID CURVE,THROUGH A CENTRAL ANGLE OF 50 DEGREES 23 MINUTES 16 SECONDS,A DISTANCEOF 12302 FEET TO THE SOUTHWEST UNKNOWN SPOUSE, O THENCEW DEGREES OF THE PLAT OF POINTE WEST SOUTH VILLAGE PHASE II PD AS SHOWN ON THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 19,PAGE 31 OF THE PUBLIC RECORDS OF INDIAN RIVER CDUN- HEIRS,BENEFICIA- ,FLORIDA; SOUTH GREES 39 MINUTES 09 SECONDS EAST,ALONG THE SOUTH UNE OF SAID PLAT,A DISTANCE OF 1105.05 FEET TO THE SOUTHEAST CORNER OF SAID PLAT;THENCE RIES DEVISEES, N NORTH 0 DEGREES 20 MINUTES 51 SECONDS EAST,ALONG THE EAST LINE OF SAID PLAT,A DISTANCE OF 780.08 FEET;THENCE NORTH 6 DEGREES 17 MINUTES N SECONDS WEST,A DISTANCE OF GRA N TEES,A S- INERT FEETDISTANCEF TO THE NORTHEAST CORNER SAID PLAT;THENCENORTH 89 DEGREES 39 MINUTES 09 SECONDS WEST,A OF 102.13 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE SIGNEES,CREDIT- S SOUTH VILLAGE SQUARE AS SHOWN ON SAID PLAT AND THE POINT OF CURVATURE OF A NON-TANGENT CURVE,CONCAVE TO THE EAST,HAVING A RADIUS OF 17430 FEET,A CENTRAL ANGLE F 26 ORS,TUSTEES Q) DEGREES 19 MINUTES 23 SECONDS,AND A CHORD OF 79.41 WET BEARING NORTH 12 DEGREES 48 MINUTES 51 SECONDS WEST;THENCE NORTH ALONG SAID CURVE,A DISTANCE OF 80.11 FET; AND ALL OTHER THENCE NORTH 0 DEGREES 20 MINUTES 51 SECONDS EAST,A DISTANCE OF 11332 FEET TO THE POINT OF CURVATURE OFA CURVE,CONCAVE TO THE SOUTHEAST.HAVING A RADIUS OF 25.00 FEET: PARTIES CLAIMING THENNORTHEAST ALONG THE ARC OF SAID CURVE.THROUGH A CENTRAL ANGLE OF Be DEGREES 31 MINUTES 41 SECONDS,A DISTANCE OF 39.06 FEET TOA POINT ON THE SOUTH RIGHT OF WAY AN INTEREST BY, L- UNE OF 14TH LANE A 50 FOOT PAWATE RIGHT OF WAY AS SHOWN ON THE PIAT OF POINTE WEST CENTRAL VILLAGE PHASE I PD AS RECORDED IN PLAT BOOK 15,PAGE 92.OF THE PUBLIC RECORDS THROUGH,UNDER O OFOfl INDIAN RIVER COUNTY,FLORIDA;THENCE NORTH 09 DEGREES 52 MINUTES 32 SECONDS EAST,ALONG SAID RIGHT OF WAY LINE,A DISTANCE OF 445.24 FEET TO THE POINT F BEGINNING. ESTATE OR AGAINST F T THE a) L IL POINTE WEST GOLF COURSE PARCEL 3 AS CLYDE ADK1N5, +�•_+ Q A PARCEL OF LAND LONG IN SECTION 12,TOWNSHIP 33 SOUTH,RANGE 38 EAST,INDIAN RIVER COUNTY,FLORIDA,DESCRIBED AS FOLLOWS: DECEASED,et al L. U o •i COMMENCE THENCE SOUTH 89 DEGREES 52 MIT NUTES OF SAID WEST,ALOENCE SOUTH 0 NG THE SOUTHR RIGHT OF WAY UNE S 12 S 52 OF IOTH LANE.A 5ONDS 0 FOOT PRIVATE RIGHT OF WAY AS SHOWNALONG THE EAST UNE DF SAID SECTION ONTIETPLACE OF T OF POINTEOIWEST D.fentlann. a) C 1p 0 CENTRAL VILLAGE PHASE I PO AS RECORDED IN PLAT BOOK 16,PAGE 82,OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY,FLORIDA A DISTANCE OF 535.FEET TO THE POINT OF CURVATURE NOTE OF ACTON OF A CURVE,CONCAVE TO THE SOUTHEAST,HAVING A RADIUS F 25.00 FEET;THENCE SOUTHWEST ALONG THE ARC OF SAID CURVE,THROUGH A CENTRAL ANGLE OF 89 DEGREES 31 MINUTES 41 SECONDS,A DISTANCE OF 3906 FET;THENCE SOU.69 DEGREES 24 MINUTES 13 SECONDS WEST,A DISTANCE OF 50.01 FEET TO THE POINT OF BEGINNING F THE HEREIN DESCRIBED PARCEL OF T 0:U N K N 0 W N �'/^� AG RECORDED IN PLATT ON THE WEST BOOK 18,PAGE 31GOF THE PUBLIC RECORDS HT OF WAY UNE OF OF ANEW RLLAGE NERRW NTY,FLORIDA;AS THENCE SOUTH 0 DEGREES 20 MINUON THE RAT OF POINTE WEST SOUTH TE ES PHASE ECONDS WEST,,DING TO THE ALONG SAID R GHT OF WAT Y SP OUSE,BENEFICIARIESH EIRE, Q Q VJ LINE,A DISTANCE OF 112.50 FEET TO THE POINT OF CURVATURE OF A CURVE.CONCAVE TO THE EAST,HAVING A RADIUS OF 221.38 FEET;THENCE SOUTH ALONG THE ARC OF SAID CURVE SEESGRANTEES, THROUGH A CENTRAL ANGLE OF 36 DEGREES 23 MINUTES 10 SECONDS,A DISTANCE OF 142.48 FEET TO THE POINT F CURVATURE OF A REVERSE CURVE,CONCAVE TO THE WEST,HAVING A RAF ASSIGNEES,CRM US OF 175.00 SAID CURVE,A DISTANCE CENTRAL,13 FEET:THEANGLE OF NCE DEGREES 09 DEGREES 39 MINUTES 08 SECONDS WESAND A CHORD T,ALONNGG THE NORTH SOUTHIOF PO20 INTE D 27 MINUTES EGREES SOUTH VILLAGGEE PPHHASSE I PD,THENCE CORDING TO THE A NG DS,L L O TH TRUSTEES PLAT THEREOF,AS RECORDED IN PLAT BOOK 18,PAGES 4942 OF THE PUBLIC RECORDS F INDIAN RIVER COUNTY.FLORIDA AND ALSO THE NORTH UNE OF SAID PLAT F POINTE WEST SOUTH VIL P N D L C 0 THE G LIGE PHASE II PD,A DISTANCE OF 1714.63 FEET TOA POINT ON THE EAST RIGHT OF WAY LINE F POINTE WEST DRIVE,A 50 FOOT PRIVATE RIGHT OF WAY AS SHOWN ON THE AFOREMENTIONED PARTIES CLAIMING PLAT OF POINTE WEST SOUTH VILLAGE PHASE I PM THENCE NORTH 25 DEGREES 55 MINUTES 36 SECONDS WEST,ALONG SAID RIGHT F THROUGH. WAY LINE.A DISTANCE OF 01.25 FEET TO THE POINT OF TN UN UNDER CURVATURE OF A CURVE,CONCAVE TO THE EAST,HAVING A RADIUS OF 100 FEET;THENCE NORTH ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 25 DEGREES 48 MINUTES OS OR ,STHE SECONDS,A DISTANCE4503 FET;THENCE NORTH 0 DEGREES 07 MINUTES 28 SECONDS WEST,A DISTANCE OF 1112.18 FET TO THE SOUTHWEST CORNER OF LOT 10 OF SAID PLAT OF POINTE ESTATE OF F WEST CENTRAL VILLAGE PHASE I PD THENCE NORTH 09 DEGREES 52 MINUTES 32 SECONDS EAST,ALONG THE SOUTH LINE OF SAID PLAT,A DISTANCE OF 12]59]FEET;THENCE NORTH M DEGREES5 CLYDE ADKINS, 52 MINUTES N SECONDS EAST,A DISTANCE OF 36.17 FEET:THENCE NORTH 89 DEGREES 52 MINUTES 32 SECONDS EAST.A DISTANCE OF 360.39 FEET TO THE POINT F CURVATURE OF A CURVE. DECEASED CONCAVE TO THE SOUTHWEST,HAVING A RADIUS OF 2500 FET;THENCE SOUTHEAST ALONG THE ARC OF SAID CURVE,THROUGH A CENTRAL ANGLE OF 90 DEGREES 26 MINUTES 19 SECONDS.A RESIDENT:Unknown DISTANCE OF 38.48 FET TO THE POINT OF BEGINNING. LAST KNOWN AD. PARCEL B: DRESS:9171 101ST CD POINTE WEST GOLF COURSE PARCEL 4 COURT,VER O A PAF LAND LYING IN SECTION 12,TOWNSHIP E SOUTH,RANGE 38 EAST.INDIAN RIVER COUNTY,FLORIDA DESCRIBEDS AS FOLLOWS; BEACH,IL 32961. as COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION fY THENCE SOUTH 0 DEGREES 12 MINUTES 52 SECONDS WEST,ALONG THE EAST LINE OF SAID SECTION,A DISTANCE OF 1094.08 FEET: 3042 THENCE SOUTH 89 DEGREES 52 MINUTES 32 SECONDS WEST,A DISTANCE OF 80.00 FEET;THENCE SOUTH 0 DEGREES 12 MINUTES 52 SECONDS WEST,A DISTANCE OF 118127 FET TO THE NORTH 111 THEF NT LINE N12. DS OOT BIC RIGHT OFFAEHNEET89 EEGREES 39 SHDS ASA RIGHT 8W3FTROF 1937.20 IDYO U ARE HEREBY TO POIOFBEGINI G OF T HET,AERN DEESCRIED PARCEL OLNOTHCONNNUWET ALONG ND RIS 23 GHT OFF WYUNE,, DISTANCE OF 137883 THENCE NORTH 0 DEGREES MINUTES 18 SECONDS EAST,A DISTANCE OF 122806 FET;THENCE NORTH 89 DEGREES 63 MINUVES 24 SECONDS WEST.A DISTANCE OF 5]8.68 FEET;THENCE NORTH 0 DEGREES 14 MINUTES 19 SEG Opn 151 101,51104,L ONDS EAST,A DISTANCE OF 1293.]1 FEET TO A POINT ON THE SOUTH LINE OF INDIAN RIVER FARMS WATER CONTROL DISTRICT CANAL Al AND ALSO A POINT ON A LINE THAT 0 30.00 FEET SOUTH mortgage the fol- 0 OF 0 X( OF,AS MEASURED AT RIGHT ANGLES TO,THE NORTH LINE OF SAID SECTION 12 THENCE NORTH 89 DEGREES 52 MINUTES 34 SECONDS EAST,ALONG SAID LINE,A DISTANCE OF 600.51 FEET TO THE law frig dee ori bed 03 _ NORTHWEST CORNER OF POINTE WEST CENTRAL VILLAGE PHASE I PD,ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 15,PAGE 91 OF THE PUBLIC RECORDS OF INCIAN RIVEfl [y located in COUNTY,FLORIDA;THENCE SOUTH 0 DEGREES W MINUTES 28 SECONDS EAST,ALONG THE WEST UNE OF SAID PLAT,A DISTANCE OF 108050 FEET TO THE SOUTHWEST CORNER OF SAID PLAT; INDIAN RIVER Coun- • 0 THENCE NORTH 89 DEGREES 52 MINUTES 32 SECONDS EAST,ALONG THE SOUTH LINE OF SAID PLAT,A DISTANCE OF 1021.10 FEET TOA POINT ON THE WEST RIGHT F WAY LINE OF POINTE WEST F,Florida: M DIANE AS SHOWN ON THE PLAT OF POINTE WEST SOUTH VILLAGE PHASE L P0,ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 10,PAGES 19-52,OF THE PUBUC FLEW RDS OF INDIAN Lot 3,Block M,VERO RIVER CO CONCAVEDNTY,TO THE B1Dk THENCE EAST,WAVING A RATH 0 DIUS OF DEGREES150.00 FEET;UTES 28 SECONDS EAST,THENE SOUTH ALONG THE ARC OFID RIGHT SAID CURVE,THROUGHWAY EA ENDISTANCE TRAL ANGLE OF 25 DEGREES 40.10 FEET TO THE POINT MINUTES 0 F SECONDSATURE�A DIF ASTANCE CURVE. UNITLAKES 1.1,ESTATES, N Z Z DO61.55 ORS VILLAGE HAE ISOUTH PD;THENCE DEGREES 55 DEGREES 39 MINUTES MINUTES 35 NOS SECONDS WEST,TANCE ALONG THE N 19.67 FEET ORTTH UNE ERTOFSAIDT FPLAT,,AFDISTANE 118 OF 7.18OFEEETO THE NORTM'EPLAT STOCORNEREOF to the lin Platy Book SAID PLAT;THENCE SOUTH 0 DEGREES 20 MINUTES 52 SECONDS WEST,ALONG THE WEST LINE OF SAID PLAT,A DISTANCE OF 796.29 FEET TO THE SOUTHWEST CORNER OF SMO PLAT;THENCE 6,Pay 82 of the SOAS SHOWN85 EON SAID PIAT ANDS OS SECONDS THE POINT OF CURVATURE Of A NOWNG THE TANGENTH INE E TO LACE OF 125028 THE NORTHWEST,HAVIING A RADIUS OFTO A POINT ON 75.00FEET,ATCENTRAL WAY LINE fSOUTH VILLAGE OF 56 DEGREES 23 MIN Public Iver C Al Iry Lthan River County, (IES 16 SECONDS,AND A CHORD OF 70.87 FET BEARING SOUTH 28 DEGREES 32 MINUTES 28 SECONDS WEST;THENCE SOUTHWEST ALONG SAID RIGHT OF WAY LINE AND THE ARC OF SAID CURVE, Rwid, CD A DISTANCE OF 2381 FEET;THENCE SOUTH 56 DEGREES 44 MINUTES 07 SECONDS WEST,A DISTANCE OF M482 FEET TO THE POINT OF CURVATURE OFA CURVE CONCAVE TO THE SOUTHEAST,HAV- has been Bled against -10 LNG A RADIUS OF 125.00 FET;THENCE SOUTHWEST ALONG THE ARC OF SAID CURVE,THROUGH A CENTRAL ANGLE OF 56 DEGREES 23 MINUTES 29 SECONDS,A DISTANCE OF 12203 FET:THENCE you,and you ars SOUTH 0 DEGREES 20 MINUTES 36 SECONDS WEST,A DISTANCE OF 6735 FEET TO THE POINT OF BEGINNING. rsquired to serve a E Leu and ppEaaxce, softy µtans sOd,whh Ne Wen 1.60 awns of I i g6,Setlan 12,Coonryip A South,Range 30 East,!Mien River Farms Company Subdivision,eaordinB to plat thereof recorded in Plat ,f,off your nR,to A PORTONeSF THE ABOVE(DESCRIBED PARCELS 5,0,0 PNDhB.NOW,i'.8 WN AS:n Penna 1,Goll FCourau Tract GI;Parcel 2,Goll Course Tract G2;Parcel 3,Golf Court Tref G3 and Parcel 4,Goll Course Trod A seation hon Phelan L"• G4,of Pointe Wen Central Mime,Phan V PD according to the plat thereof recorded In Plat Book 21,pages 48,49,50 and 51,Indian River County,Florida. H e I I i n e n,PLC, a) PARELS: attorneys for Q The Westerly 402 Net of Trent 18 Section M,Township 33 South,flange 38 East according to the Last General plat of lands by the Indian River Farms Comps,.Med in the office al the Clerk of the Circuit o,a,ret i If,oboe. C T Court of Sc Lucie County,Florida,in Plat Book 2,page 21 ddrea to 2727 Wen E O H Lea.M EX1q from all Ofthe abme,arty pen Nina"'any Wbti5 end°'-"ht 0iwry. Cygesa Creek Road, E%scribeHIBIT i FOrt La and M e,. My andµbuildings and improvements now or hereafter ereaN on,under or over the reel proq,described in Exhibit A 1[ha'PropeTR attached hereto. 33309,end Illsµ. �" L Ag and all fixtures,machinery and equipment now or hereafter tnzelled in,attached to or.hated In or upon the Prope,,and all replacements,substitutions and gauede of the foregoing(all of the forego origin el It the Z a) E) Q Ing herein called She Service Equipment'). Cark ai t Aa Cour[, Any and all leas,ublean;tenancies,licenses,occupancy agreements or agreements to leap all or any portion of No Properly,Service Equipment or all or any other,omen of the Property and in erten- within 30 days after '6 0) rNt 0 renewals,amendments,modifications and replacements thereof,and any options,rights of find refusal or guarantees relating thereto(collective,.Rhe'Laens'C all nota,income,mune.revenue,. e- the first publmerian �.. < V^J 0 corky deposits,escrow amounts,reserves,issues,profits,ewer.and payments of airy kind payable under tM Laesea w Otherwise arising from the Property,Service Equipment w all or any°Nn,omen of ie nohce either Me Properly including,without Iimitetion,minimum rents,additional rent,grange rents,parking,meinte.nce and defi iury renis I....',µe'Reae•1. before AUGUST 28, My tet all ettes,rights,tenement.,hered'naments.privileges,(moments,reversion,remainders end appurtenances of any kind benefiting or agunenent to Cha Properly.Inter....or all or any Cher NM or immediately portion of the',open,all means of acus to and homµe Property w all or a,other portion of the PropaM•whether public or private;all nets,alleys •saga.,ways,ester courses,water and mineral thereafter,otherwise lights relating m the Property,or all or any other,onion al the PropeM;all rights of Mortgagor as egoism,w unit owner under any dederation of contlonrinlum w auocition spoke.to Ne Psoq,or a default may be all or any ofhportion DI the Property iwlutng,without limiation,all daelappant ryM1u and zp art decltvm rights;ria aIi other claims :rands of Mortgagor,either at law or In equity.In pas eon ntar d epeinrt you axnecuncyt,lwt'at'ePTog,wallasnyoµ1portionofNee'rOpe'HIbllofeMNreRding ascribedhereincalledhirbO =Tiede;and for M1e lief tle; Code, a a all ended,(d of 00y 1 f t above-a emriMtl theq,.Service Equi tivase,a ,and.Aand steel ad whic'teem ud4 what eras Ma ed pontine given es h in flange,orm Lomm,r001tiel tetl In the Corr lento u.other t,1Ne Colon DI the State In which io PropaM is located(collectively,the Preen.Le and Rets additionally incluse whatever,received upon the use,leeeetele,exchange,transfer,in od- lalnx lesion w 0µer utilization w any dimnatio n or awards, entan of any of Na Props,,Service El plpmem,Leave,sense,Contra.and Appurtenances,general voluntary or involuntary,a whether cash w noncash,iwlud TM1ua she c b. insse proceene re insurance and andemntipn ri. nasi or leen payments,accounts,fthechattel paper,era,n,. documents,contract right.,general intengiblev,equipment and inventory. Published Ilene tl coo ha ii security interest is granted in all off oio.n.Debtor's 000 brie aria Imeret In and to any ofµe,4 plDip,c011nerel: ask lar tow mn IS, 1.Any and all Bxmna,r"red 001 m 0,0S anielu 0t real,s o al 0e muse pr 5.40 Mlonginb,l Mortgagor,al any lima now,M1ereaher instilled in ed toeb to a situated in or upon the ter- ties ou weeks inµe tel pint a tl.rtion rn he buildings uiiIT'A'andµed haeme nts,Want, bre nese o dwelling S ening g d improvements now nr SWA erected nal or nixed 0r used u Intended htoe 1S used a theset.on 0'I the Reel DATE Journal. E n.tte,su in the ns and of ed buil Mef and n gpumente,pia,bg hen or fled ihe'Seen Henan,wMIMA lu not sur'ural,had nal t lapp,roes,is as shell furnishing,al7wed thenen,aM all replace- pAlEO Ju,18,2013 nts,ubtbuti,w aria d windo of the ng,all NII arµ.I polar,kitchen ulletl un'Servia t.ul,meds, ppliances without Lim en,ti 111 ell appliance;nd acces orballnrm all articles 01 interior decoers,d bot,wall and window covering,all office,n trees, s bac kitchen and r laundry g,(111,mantle, service and eglamne till d equip tools and accessed..n norm and g.heating, windows, J.e Smith shutters,awn,decorations,awnings,shades,blinds,algn..°'<es shrubberynand other pNntrnr,R IBI e11 buiMing cervi..flturee,machinery and puipmva of any Una wM1etw.ver;all IigMinq,heetinp,venti Clerk of the Cirudt Wq,atr cwbm0nirq,a flo 11.71 Ntttg,47r,,eecw,bribe°0 civmiaB,NGntating,wawa atapaal,5ommunktions,alarm,Rn%7,::on and a pTguifhtnq d:1",, finu ,a°.%.1, Cou: aµin�and muipmmK ell alavnon,awlten,IiM,wane;hold(end Dlw'arma;all pigs,wnduM,pampa,b'anar0.tanks,moron,engine;furrier..and wmpnEwC all,tomos,tranalormen and By W PaM Niman gg Int)all oO,n.ne m Ate,bIIL Sg mechtnery ane,,0ding equipment oAOT.d w she toµe Real Etty 0IS,Iµe Aurae w,w m EDnwcti,d whhany sn00 IOOn w npeln pr rzt%of the Deputy Ckrk t oT Sunainps and Improvement,Irvl a0 qN,flNnq,accen'aries,aaaealons,eubtrcutiam antl rtpiawmsas iMreiw and thereo;end MI all Ries,books,letlgen,reporu and rolrdv reNtng m any of the lora Court prong 7850 NOA 2 Any yand,all leans,extensions, subleases,uam Bums,o,a Acati ns and ruse or Seneement.t0 Item o all w any portion of th.Reel Extent0150 guarantees Tema,Service Equipment D,all'Leases.), L any cent portion of Ne geousts for y per. Property and ell etrenewals,s row amounts, modifications s Ona replacement..n..theles,and any options.rights F of flet heal Or eases or 01Nng there.Win (fromthely, Me E tate,I i)l all rent,income, m dtionv by Pm- ipc revenues,seuriry�dagµ ace Dunt;r n,is ev profits,swabs and payments W any kind payable unbar the Leases w wherwin an gg hom Nv Reel Etau,impruementa,Service with Di.eeili- Equippmnem wnall w anH ht potion'afniha ProRT Inciudin9•without Itmict00 minimum ante,:nddlb 1 ms,,manure oma,ppttlt4,m'enat1 a o f fancy 100,0ve7,th.'R H Fall of >.fll you an a per- en Hof any et.r props o L'neaves, to improvements, Senn Eq ell ant or eh 04e,dnnnq@les end c Pro e. (i Me use. any Aiphtrto peymea iMre eµep or ret earned bt es°,all on wi M1 dizabiac- rice:a any agree agreement, I9 M Real Etta, tyegr S.Mce Equipmdnt Or ell 51 any eµer potion 0fµe Pape,or the uric accupawy,mvinte d arc construction,.agrerepair or operationµCao;all wno nevus an^a n gement specification,nemeaa,..cortin aBrmmenu,amity agrmmema and deposits,approvals; and sante c.polis maintenance mmrata,Inter don.orients whatever t ver land or charms, all maps,Dthe mimes der to sudden. tion h or- aria .Lino oc tl wanamsin antl a or operation all Dermic,lianzef and apemen;,and ell Insurance Doliall o broke t account and other erty: ,01 wMimt Mn,Or SMnmer,r.latinq to the use,won- dA1 ro ceedin g n N� J. on ,crow cont act,le tele w ogn rid alµa Ret Esme,lmpnvemontr Servo.or Equipment or all or any CMA portion 0i the Property: proceeding,. Ov 3.me., and ah aecrow cwnacn.lease.,and to and to.,and all construction contracts now or hereafter entered into be ility to Dens,and en Rental o eub.ombonds,and all whet contracts and apses ars annals E,akv e ms .DNhs,r°6ctiom,t.„Hng O1 Har awu0001 and 111nn.e.9'monks,franchises,development rights,nilTI agreements,prymam and p.Hooance Sanaa,DA CEex Ice purchase and ale cosi m you,to the ,011,od,and whey V nelt tnunwnlas o..dtea whn the Real Etat.lin whatever fool,Ta' µe yyr«earl.µeat PR pi aitl 0 l s eOnea l.,RO.0.very tha'Pr 100,00011,11'L pr5viIi,n al Pena.. 4e An,and ally Mol a,pi tC a.a.-amended,I he'Cod')of S.rvi State Tri row'lean;rty Is Coated(,Proles Documents antl"aM shell ad rµkleteo include whatever is hoe th.menthe us,v. oaADA Plaas. h Inµe Unige, Commemlal tion as amended,11t 'r a any is Ne on o In wM.h tri.Prowrry la located(une. aro•Improvements,e sSM.aria.hest,Leases,ly iwlutiv I O ES5r s nand upon[M 00O I.pr, DA Caordl- 0 Imre,vale,.uMnq,wheWar web or w othk,wiluding Away mepmhtw oe a nd sonde of a,1Da ar Ret Sal or ymet SM.Equipment.Leen.,Renu,Project DwOmeaa and Comsat.,n., ta[contact60 NW Cpunr O fent.oA les,equipment wM1.µm uµw...ask,inswing pr df of insurance and lndamnslion awards,rental or lean payments.amounts,ern paper.innrumenb,,wumenu,romrat ripens,,erten try Club Dr'rve,Suite S iawetblee,equipmentandnd bestry. F1]Port I Lucile, � public sale to ths hIB'et and Mt bidder Ice ca.,except as set forth heroin,on Na Real Mµ'OMndian fluter Courcy 60µµa,htpadhmwJndiarirvar.realiOreclOss.comgMuohn,at COW Ism.on August F3 34906,U)21 00]� ATED o 70 t Ivan o days DATED On Juh�2013. before Your yhed- w Mary Scheg Scot 'rie,promtmd 6 Florida Bt No.en460 adibwly eS90 LLlp hwm�I re !riff mia �� ; SMITH 1. csi60 N.Le RLBRUSSELLLLP ebefn Ithe 60N.Jackaon Stret,Florida 2600 time bola r.the l.,59 1 0(tida32ID2 eweavi<a atona- l., se, (eN1599.61001telaphone) eco n leu then you A (90115%B2511bNmtlel .n 1]j deyh:it you AE PAT ice PlaiUE' ere Mar,cat 1. B IF THIS PROPERTY IS SOLD M PUBLIC AUCTION,THERE MAY BE ADDTHONAL MONEY FROM THE SALE ATER PAYMENT OF PEPSONS WHO ARE SCUTTLED TO BE PAID FPOM THE SALE PROCEEDS PUR unpaved,call JEFFREY R. SMITH ,,,. Clerk of Circuit Court and Comptroller 1801 27TH Street 'tLoRI04' Vero Beach, Florida 32961 -1028 Telephone (772) 226-1945 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS DATE: July 11, 2013 SUBJECT: APPROVAL OF WARRANTS July 4, 2013 to July 11, 2013 FROM: DIANE BERNARDO - FINANCE DIRECTOR In compliance with Chapter 136.06, Florida Statutes, all warrants (checks and electronic payments) issued by the Board of County Commissioners are to be recorded in the Board minutes. (W Approval is requested for the attached list of warrants, issued by the Comptroller's office, for the time period of July 4, 2013 to July 11, 2013. Attachment: DB: MS 10 CHECKS WRITTEN CHECK NBR CK DATE VENDOR AMOUNT 300319 7/11/2013 CLEMENTS PEST CONTROL 125.00 300320 7/11/2013 PORT CONSOLIDATED INC 505.34 300321 7/11/2013 SPEEDWELL TARGETS 126.50 300322 7/11/2013 JORDAN MOWER INC 351.86 300323 7/11/2013 RANGER CONSTRUCTION IND INC 329.55 300324 7/11/2013 COPYCOINC 200.87 300325 7/11/2013 RICOH USA INC 27.02 300326 7/11/2013 E-Z BREW COFFEE&BOTTLE WATER SVC 28.46 300327 7/11/2013 PULSAFEEDER INC UNIT OF IDEX CORP 964.03 300328 7/11/2013 VERO LAWNMOWER CENTER INC 1,358.18 300329 7/11/2013 DAILY COURIER SERVICE 611.00 300330 7/11/2013 HACH CO 4,870.90 300331 7/11/2013 HD SUPPLY WATERWORKS,LTD 11,836.00 300332 7/11/2013 SCHULKE BITTLE&STODDARD LLC 6,248.66 300333 7/11/2013 PETES CONCRETE 1,935.00 300334 7/11/2013 ECOTECH CONSULTANTS INC 7,000.00 300335 7/11/2013 EGP INC 53.00 300336 7/11/2013 BRODART COMPANY 115.00 300337 7/11/2013 SIGNAL GROUP INC 677.00 300338 7/11/2013 ECOLOGICAL ASSOCIATES INC 14,738.40 300339 7/11/2013 CARTER ASSOCIATES INC 788.40 300340 7/11/2013 R&G SOD FARMS 120.00 300341 7/11/2013 GOODYEAR AUTO SERVICE CENTER 49.00 300342 7/11/2013 MIDWEST TAPE LLC 326.06 300343 7/11/2013 LOWES CO INC 660.60 300344 7/11/2013 CENGAGE LEARNING CORPORATION 107.21 300345 7/11/2013 GO COASTAL INC 177.00 300346 7/11/2013 SOFTWARE HARDWARE INTEGRATION 289.00 300347 7/11/2013 PING INC 238.70 300348 7/11/2013 CLERK OF CIRCUIT COURT 21.64 300349 7/11/2013 INDIAN RIVER COUNTY HEALTH DEPT 21,255.90 300350 7/11/2013 INDIAN RIVER COUNTY 19,887.75 300351 7/11/2013 CITY OF VERO BEACH 4,279.41 300352 7/11/2013 COMPBENEFITS COMPANY 243.70 300353 7/11/2013 COLONIAL LIFE&ACCIDENT INS CO 105.96 300354 7/11/2013 AMERICAN FAMILY LIFE ASSURANCE CO 14,623.96 300355 7/11/2013 UNITED PARCEL SERVICE INC 7.10 300356 7/11/2013 PETTY CASH 18.76 300357 7/11/2013 B/C B/S OF FL ADM FEE 9,090.90 300358 7/11/2013 JANITORIAL DEPOT OF AMERICA INC 1,903.79 300359 7/11/2013 TREASURE COAST HOMELESS SERVICES 766.09 300360 7/11/2013 HENRY FISCHER&SONS INC 435.00 300361 7/11/2013 WAL MART STORES EAST LP 113.69 300362 7/11/2013 SAN MARCO INT'L INC 189.15 300363 7/11/2013 INTERNATIONAL GOLF MAINTENANCE INC 6,204.30 300364 7/11/2013 AQUAGENIX 206.00 300365 7/11/2013 GEOSYNTEC CONSULTANTS INC 8,138.55 300366 7/11/2013 INDIAN RIVER MALL 4,000.00 300367 7/11/2013 IRC CHAMBER OF COMMERCE 6,316.44 300368 7/11/2013 FEDERAL EXPRESS 45.35 300369 7/11/2013 MUNICIPAL CODE CORPORATION 1,126.63 300370 7/11/2013 ELIZABETH MARTIN 98.35 300371 7/11/2013 TYLER TECHNOLOGIES INC 9,462.50 300372 7/11/2013 TIMOTHY ROSE CONTRACTING INC 199,698.06 300373 7/11/2013 VERO HERITAGE INC 1,599.10 300374 7/11/2013 SUBSTANCE AWARENESS COUNCIL OF IRC INC 5,218.49 300375 7/11/2013 FLORIDA POWER AND LIGHT 7,063.38 300376 7/11/2013 MIKE CLIFFORD 312.99 1 11 CHECX NBR CK DATE VENDOR AMOUNT 300377 7/11/2013 ROBERT KEATING 375.00 (w 300378 7/11/2013 PUBLIC DEFENDER 2,653.22 300379 7/11/2013 BLUE CROSS&BLUE SHIELD of FLORIDA 1,600.12 300380 7/11/2013 GIFFORD YOUTH ACTIVITY CENTER INC 2,246.25 300381 7/11/2013 PEACE RIVER ELECTRIC COOP INC 346.00 300382 7/11/2013 TREASURE COAST CONSTRUCTION MGMT LLC 83,000.00 300383 7/11/2013 GLOBAL GOLF SALES INC 294.46 300384 7/11/2013 CHRISTOPHER R MORA 221.29 300385 7/11/2013 FLORIDA STATE GOLF ASSOCIATION 55.00 300386 7/11/2013 HENRY SMITH 126.00 300387 7/11/2013 RANGE ROAD MINE LLC 2,442.94 300388 7/11/2013 INDIAN RIVER COUNTY HISTORICAL 1,914.00 300389 7/11/2013 IRONSIDE PRESS 310.00 300390 7/11/2013 DONADIO AND ASSOCIATES ARCHITECTS 4,329.34 300391 7/11/2013 C&C ELECTRIC WORKS INC 4,728.00 300392 7/11/2013 LAKEWOOD VILLIAGE RO ASSOC INC 437.82 300393 7/11/2013 WILLIAM K DEBRAAL 86.01 300394 7/11/2013 PERKINS COMPOUNDING PHARMACY 90.00 300395 7/11/2013 MICHAEL K VERNON 136.62 300396 7/11/2013 RUSSELL PAYNE INC 343.14 300397 7/11/2013 CELICO PARTNERSHIP 320.08 300398 7/11/2013 ALLSTATE 668.84 300399 7/11/2013 JEAN PETERS 140.00 300400 7/11/2013 CONTROL SYSTEMS DESIGN INC 2,000.00 300401 7/11/2013 VAN WAL INC 186.00 300402 7/11/2013 MUTUAL OF OMAHA 6,463.34 300403 7/11/2013 JOSEPH W VASQUEZ 126.00 300404 7/11/2013 COMPLETE CLEANING SERVICE 1,395.00 300405 7/11/2013 WESLEY S DAVIS 149.90 300406 7/11/2013 RANDOM HOUSE INC 403.50 300407 7/11/2013 OTC DIRECT INC 1,187.57 300408 7/11/2013 COASTAL TECHNOLOGY CORPORATION 64,667.15 300409 7/11/2013 OCLC ONLINE COMPUTER LIBRARY CENTER 375.75 300410 7/11/2013 PAK MAIL CENTER 151.95 300411 7/11/2013 MBV ENGINEERING INC 900.00 300412 7/11/2013 CENTRAL PUMP&SUPPLY INC 243.45 300413 7/11/2013 STREAMLINE TECHNOLOGIES INC 180.00 300414 7/11/2013 CHEREE SHELLY 50.00 300415 7/11/2013 MCMAHON ASSOCIATES INC 9,156.74 300416 7/11/2013 MASTELLER&MOLER INC 2,188.76 300417 7/11/2013 WHISPERING PALMS MHC LLC 339.50 300418 7/11/2013 BEACHLAND CLEANING SERVICE 837.00 300419 7/11/2013 CONSTRUCTION MATERIALS 20,444.93 300420 7/11/2013 JOHN DEERE LANDSCAPE 376.32 300421 7/11/2013 SUPREME INTERNATIONAL LLC 762.77 300422 7/11/2013 METRO FIRE PROTECTION SERVICES INC 184.00 300423 7/11/2013 D&S ENTERPRISES OF VERO BCH LLC 20.01 300424 7/11/2013 NORMAN GOODMAN 90.00 300425 7/11/2013 SCNS INC 145.20 300426 7/11/2013 JOHNNY B SMITH 108.00 300427 7/11/2013 MUNICIPAL WATER WORKS INC 15,442.80 300428 7/11/2013 SAINT EDWARDS SCHOOL INC 4,895.00 300429 7/11/2013 DANE MACDONALD 108.00 300430 7/11/2013 GLOBALSTAR USA 95.43 300431 7/11/2013 PENINSULAR ELECTRIC DISTRIBUTORS INC 2,862.38 300432 7/11/2013 CEMEX 22,208.50 300433 7/11/2013 GUARDIAN COMMUNITY RESOURCE MANAGEMENT 3,500.00 (W 300434 7/11/2013 HOBT,DENNIS C&JOANNE 158.00 300435 7/11/2013 JAMES THIMMER 50.00 300436 7/11/2013 SALS INC 12.60 2 12 CHECK NBR CK DATE VENDOR AMOUNT 300437 7/11/2013 BENNETT AUTO SUPPLY INC 5.81 300438 7/11/2013 TREASURE COAST FOOD BANK INC 552.90 300439 7/11/2013 JOHN MESKILL 1,400.00 300440 7/11/2013 STANDARD LIFE INSURANCE 692.00 300441 7/11/2013 K'S COMMERCIAL CLEANING 850.00 300442 7/11/2013 NICOLACE MARKETING INC 10,792.45 300443 7/11/2013 WILLIAM BOLTON 120.00 300444 7/11/2013 TERESA PULIDO 120.00 300445 7/11/2013 YOLANDA BELL 50.00 300446 7/11/2013 VERA SMITH 126.00 300447 7/11/2013 GARRETT SMITH 54.00 300448 7/11/2013 KERRY C JONES 375.00 300449 7/11/2013 BRAHANEY,E.TIMOTHY 34.83 300450 7/11/2013 CORPORATE CARE WORKS 300.30 300451 7/11/2013 WITTENBACH BUSINESS SYSTEMS INC 1,282.88 300452 7/11/2013 INEOS NEW PLANET BIOENERGY LLC 40,699.09 300453 7/11/2013 GUETTLER BROTHERS CONSTRUCTION LLC 431,902.32 300454 7/11/2013 JULIE NORMAN 120.00 300455 7/11/2013 TC XPERIENCE GUIDE 79.00 300456 7/11/2013 PACE ANALYTICAL SERVICES INC 4,508.20 300457 7/11/2013 OVERDRIVE INC 973.64 300458 7/11/2013 PLAN B BUSINESS SOLUTIONS LLC 30.00 300459 7/11/2013 ELAINE KANE 120.00 300460 7/11/2013 HOLLIE MC DOUGALL 38.94 300461 7/11/2013 MELINDA LOW PAMPALLONA 60.00 300462 7/11/2013 HEATHER HATTON 220.00 300463 7/11/2013 WRIGHT EXPRESS FSC 20,153.69 300464 7/11/2013 YP LLC 159.00 _ 300465 7/11/2013 HIGHMARK STOP LOSS 3,010.28 300466 7/11/2013 PAUL JACQUIN&SONS INC 204,639.63 300467 7/11/2013 LINDA GRAHAM 90.00 300468 7/11/2013 ALTERATIONS BLESSED 232.00 300469 7/11/2013 TAMATHA R TORRES 120.00 300470 7/11/2013 REPROGRAPHIC SOLUTIONS INC 8.64 300471 7/11/2013 LOWES HOME CENTERS INC 854.05 300472 7/11/2013 BEARINGS AND DRIVES INC 9,424.24 300473 7/11/2013 LABOR READY SOUTHEAST INC 7,363.76 300474 7/11/2013 KELLIE P KIELBASA 150.00 300475 7/11/2013 EMC DIVERS INC 7,100.00 300476 7/11/2013 WATER CANNON INC 1,223.00 300477 7/11/2013 AGN SPORTS LLC 150.00 300478 7/11/2013 JAMES GAUGER 93.83 300479 7/11/2013 MITCHELL GODWIN 72.00 300480 7/11/2013 ADAM SCHANZ 50.00 300481 7/11/2013 LARRISSA THOMAS PELT 50.00 300482 7/11/2013 APRIL WILLIS 50.00 300483 7/11/2013 TRAVIS BROOKS 50.00 300484 7/11/2013 PATTY ECKERD 50.00 300485 7/11/2013 KEVIN BEVERLY 50.00 300486 7/11/2013 SAMFORD UNIVERSITY 20.00 300487 7/11/2013 RIKSARKIVET 370.14 300488 7/11/2013 MICHAEL KONOPACKY 31.00 300489 7/11/2013 SOUTHERN SEWER EQUIPMENT SALES 54,473.04 300490 7/11/2013 MILLERS LLC 2,053.66 300491 7/11/2013 STEVEN G HANSEN 30.00 300492 7/11/2013 TARA BLACKBURN 30.00 300493 7/11/2013 ANETTE K NANCE 248.29 300494 7/11/2013 UT REFUNDS 142.67 300495 7/11/2013 UT REFUNDS 166.51 300496 7/11/2013 UT REFUNDS 4.33 3 13 CHECK NBR CK DATE VENDOR AMOUNT 300497 7/11/2013 UT REFUNDS 38.90 300498 7/11/2013 UT REFUNDS 228.96 300499 7/11/2013 UT REFUNDS 130.10 300500 7/11/2013 UT REFUNDS 82.63 300501 7/11/2013 UT REFUNDS 56.63 300502 7/11/2013 UT REFUNDS 71.43 300503 7/11/2013 UT REFUNDS 123.03 300504 7/11/2013 UT REFUNDS 44.95 300505 7/11/2013 UT REFUNDS 16.41 300506 7/11/2013 UT REFUNDS 671.93 300507 7/11/2013 UT REFUNDS 69.02 300508 7/11/2013 UT REFUNDS 46.66 300509 7/11/2013 UT REFUNDS 252.25 300510 7/11/2013 UT REFUNDS 269.51 300511 7/11/2013 UT REFUNDS 210.11 300512 7/11/2013 UT REFUNDS 150.43 300513 7/11/2013 UT REFUNDS 32.66 300514 7/11/2013 UT REFUNDS 146.55 300515 7/11/2013 UT REFUNDS 265.00 300516 7/11/2013 UT REFUNDS 39.26 300517 7/11/2013 UT REFUNDS 36.02 300518 7/11/2013 UT REFUNDS 35.24 300519 7/11/2013 UT REFUNDS 36.53 300520 7/11/2013 UT REFUNDS 14.75 300521 7/11/2013 UT REFUNDS 75.93 300522 7/11/2013 UT REFUNDS 71.99 300523 7/11/2013 UT REFUNDS 31.25 300524 7/11/2013 UT REFUNDS 75.96 300525 7/11/2013 UT REFUNDS 38.76 300526 7/11/2013 UT REFUNDS 52.04 300527 7/11/2013 UT REFUNDS 42.90 300528 7/11/2013 UT REFUNDS 56.70 300529 7/11/2013 UT REFUNDS 89.21 300530 7/11/2013 UT REFUNDS 31.82 300531 7/11/2013 UT REFUNDS 42.50 300532 7/11/2013 UT REFUNDS 34.39 300533 7/11/2013 UT REFUNDS 13.21 300534 7/11/2013 UT REFUNDS 27.08 300535 7/11/2013 UT REFUNDS 38.35 300536 7/11/2013 UT REFUNDS 31.85 300537 7/11/2013 UT REFUNDS 40.84 300538 7/11/2013 UT REFUNDS 73.38 300539 7/11/2013 UT REFUNDS 41.23 300540 7/11/2013 UT REFUNDS 68.06 300541 7/11/2013 UT REFUNDS 236.23 300542 7/11/2013 UT REFUNDS 87.86 300543 7/11/2013 UT REFUNDS 1.51 300544 7/11/2013 UT REFUNDS 38.90 300545 7/11/2013 UT REFUNDS 158.40 300546 7/11/2013 UT REFUNDS 78.48 300547 7/11/2013 UT REFUNDS 40.55 300548 7/11/2013 UT REFUNDS 23.47 300549 7/11/2013 UT REFUNDS 70.60 300550 7/11/2013 UT REFUNDS 34.34 300551 7/11/2013 UT REFUNDS 55.95 300552 7/11/2013 UT REFUNDS 13.75 300553 7/11/2013 UT REFUNDS 83.83 300554 7/11/2013 UT REFUNDS 31.84 300555 7/11/2013 UT REFUNDS 38.40 300556 7/11/2013 UT REFUNDS 21.56 4 14 CHECK NB R CK DATE VENDOR AMOUNT 300557 7/11/2013 UT REFUNDS 38.54 300558 7/11/2013 UT REFUNDS 33.59 300559 7/11/2013 UT REFUNDS 66.35 300560 7/11/2013 UT REFUNDS 83.05 300561 7/11/2013 UT REFUNDS 18.55 300562 7/11/2013 UT REFUNDS 33.08 300563 7/11/2013 UT REFUNDS 59.53 300564 7/11/2013 UT REFUNDS 47.88 300565 7/11/2013 UT REFUNDS 17.50 300566 7/11/2013 UT REFUNDS 32.17 300567 7/11/2013 UT REFUNDS 46.34 300568 7/11/2013 UT REFUNDS 37.84 300569 7/11/2013 UT REFUNDS 1.20 300570 7/11/2013 UT REFUNDS 170.08 300571 7/11/2013 UT REFUNDS 39.04 300572 7/11/2013 UT REFUNDS 17.24 300573 7/11/2013 UT REFUNDS 24.39 300574 7/11/2013 UT REFUNDS 36.05 300575 7/11/2013 UT REFUNDS 73.58 300576 7/11/2013 UT REFUNDS 81.48 300577 7/11/2013 UT REFUNDS 32.12 300578 7/11/2013 UT REFUNDS 24.56 300579 7/11/2013 UT REFUNDS 31.00 300580 7/11/2013 UT REFUNDS 42.19 300581 7/11/2013 UT REFUNDS 53.55 300582 7/11/2013 UT REFUNDS 90.16 300583 7/11/2013 UT REFUNDS 66.80 300584 7/11/2013 UT REFUNDS 28.48 300585 7/11/2013 UT REFUNDS 62.59 300586 7/11/2013 UT REFUNDS 87.00 (W 300587 7/11/2013 UT REFUNDS 80.86 300588 7/11/2013 UT REFUNDS 38.12 300589 7/11/2013 UT REFUNDS 22.70 300590 7/11/2013 UT REFUNDS 97.90 300591 7/11/2013 UT REFUNDS 75.16 300592 7/11/2013 UT REFUNDS 37.80 300593 7/11/2013 UT REFUNDS 80.69 300594 7/11/2013 UT REFUNDS 86.22 300595 7/11/2013 UT REFUNDS 3.85 300596 7/11/2013 UT REFUNDS 77.02 300597 7/11/2013 UT REFUNDS 72.92 300598 7/11/2013 UT REFUNDS 70.75 300599 7/11/2013 UT REFUNDS 46.07 300600 7/11/2013 UT REFUNDS 31.77 300601 7/11/2013 UT REFUNDS 21.99 300602 7/11/2013 UT REFUNDS 87.00 300603 7/11/2013 UT REFUNDS 69.18 300604 7/11/2013 UT REFUNDS 28.48 300605 7/11/2013 UT REFUNDS 16.68 300606 7/11/2013 UT REFUNDS 24.50 300607 7/11/2013 UT REFUNDS 83.85 300608 7/11/2013 UT REFUNDS 75.16 300609 7/11/2013 UT REFUNDS 39.80 300610 7/11/2013 UT REFUNDS 5.15 300611 7/11/2013 UT REFUNDS 332.94 300612 7/11/2013 UT REFUNDS 69.96 300613 7/11/2013 UT REFUNDS 76.07 300614 7/11/2013 UT REFUNDS 89.37 Grand Total: 1,463,221.45 5 15 ELECTRONIC PAYMENT - VISA CARD TRANS.NBR DATE VENDOR AMOUNT 1001956 7/9/2013 EVERGLADES FARM EQUIPMENT CO INC 53.18 1001957 7/9/2013 PARKS RENTAL&SALES INC 142.00 1001959 7/9/2013 NORTH SOUTH SUPPLY INC 14.79 1001960 7/9/2013 INDIAN RIVER BATTERY 1,067.00 1001961 7/9/2013 : ARAMARK UNIFORM&CAREER APPAREL LLC 680.88 1001962 7/9/2013 41MPRINT INC 5,844.53 1001963 7/9/2013 : CAPITAL OFFICE PRODUCTS 33.65 1001964 7/9/2013 HARCROS CHEMICALS,INC. 18,745.38 1001965 7/9/2013 S&S AUTO PARTS 114.31 1001966 7/9/2013 : HORIZON DISTRIBUTORS INC 53.10 1001967 7/10/2013 PRAXAIR DISTRIBUTION SOUTHEAST LLC 28.71 1001968 7/10/2013 NORTH SOUTH SUPPLY INC 101.18 1001969 7/10/2013 SAFETY PRODUCTS INC 700.32 1001970 7/10/2013 LIGHTSOURCE IMAGING SOLUTIONS LLC 75.75 1001971 7/10/2013 RING POWER CORPORATION 780.12 1001972 7/10/2013 REPUBLIC SERVICES OF FLORIDA 139.93 1001973 7/10/2013 ALLIED UNIVERSAL CORP 8,345.15 1001974 7/10/2013 ARAMARK UNIFORM&CAREER APPAREL LLC 594.27 1001975 7/10/2013 FERGUSON ENTERPRISES INC 5,190.75 1001976 7/10/2013 SHRIEVE CHEMICAL CO 4,191.55 1001977 7/10/2013 SOUTHERN JANITOR SUPPLY INC 34.16 1001978 7/10/2013 STAT MEDICAL DISPOSAL INC 220.00 1001979 7/11/2013 REPUBLIC SERVICES OF FLORIDA 2,306.57 1001980 7/11/2013 REPUBLIC SERVICES OF FLORIDA 11,579.06 1001981 7/11/2013 REPUBLIC SERVICES OF FLORIDA 29.59 1001982 7/11/2013 REPUBLIC SERVICES OF FLORIDA 29.61 1001983 7/11/2013 REPUBLIC SERVICES OF FLORIDA 33,836.08 1001984 7/11/2013 COMMUNICATIONS INTERNATIONAL 60.00 1001985 7/11/2013 REPUBLIC SERVICES OF FLORIDA 419.79 1001986 7/11/2013 DAVIDSON TITLES INC 827.40 1001987 7/11/2013 ARAMARK UNIFORM&CAREER APPAREL LLC 81.66 1001988 7/11/2013 FERGUSON ENTERPRISES INC 9,696.16 1001989 7/11/2013 COMO OIL COMPANY OF FLORIDA 2,272.50 1001990 7/11/2013 AT&T 1,671.69 1001991 7/11/2013 OFFICE DEPOT BSD CUSTOMER SVC 709.26 1001992 7/11/2013 WASTE MANAGEMENT INC 2,150.50 1001993 7/11/2013 BRIDGESTONE GOLF INC 1,089.51 Grand Total: 113,910.09 1 16 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 2495 7/5/2013 NATIONWIDE SOLUTIONS RETIREMENT 287.97 (W 2496 7/5/2013 FLORIDA LEAGUE OF CITIES,INC 5,172.39 2497 7/5/2013 ICMA RETIREMENT CORPORATION 11,635.04 2498 7/5/2013 NACO/SOUTHEAST 22,785.33 2499 7/5/2013 IRC FIRE FIGHTERS ASSOC 6,150.00 2500 7/5/2013 ICMA RET CORP 1,910.00 2501 7/5/2013 KIMLEY HORN&ASSOC INC 2,973.32 2502 7/5/2013 FL SDU 6,792.84 2503 7/8/2013 IRS-PAYROLL TAXES 344,160.39 2504 7/8/2013 FL RETIREMENT SYSTEM 302,606.16 2505 7/9/2013 BENEFITS WORKSHOP 8,445.46 2506 7/10/2013 IRS-PAYROLL TAXES 13,743.97 Grand Total: 726,662.87 (W 1 17 JEFFREY R. SMITH Clerk of Circuit Court and Comptroller 1801 27TH Street ORIOp' Vero Beach, Florida 32961 -1028 Telephone (772) 226-1945 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS DATE: July 18, 2013 SUBJECT: APPROVAL OF WARRANTS July 12, 2013 to July 18, 2013 FROM: DIANE BERNARDO - FINANCE DIRECTOR In compliance with Chapter 136.06, Florida Statutes, all warrants (checks and electronic payments) issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval 4is requested for the attached list of warrants, issued by the Comptroller's office, for the time period of July 12, 2013 to July 18, 2013. Attachment: DB: MS 18 CHECKS WRITTEN CHECK NBR CK DATE VENDOR AMOUNT 300615 7/16/2013 A BETTER COPY INC 1,500.00 (W 300616 7/18/2013 PORT CONSOLIDATED INC 53,367.27 300617 7/18/2013 STURGIS LUMBER&PLYWOOD CO 11.99 300618 7/18/2013 JORDAN MOWER INC 24.81 300619 7/18/2013 RANGER CONSTRUCTION IND INC 682.06 300620 7/18/2013 VERO CHEMICAL DISTRIBUTORS INC 748.60 300621 7/18/2013 COPYCOINC 47.32 300622 7/18/2013 RICOH USA INC 94.90 300623 7/18/2013 CHISHOLM CORP OF VERO 23.97 300624 7/18/2013 KIMLEY HORN&ASSOC INC 5,512.50 300625 7/18/2013 AT&T WIRELESS 651.32 300626 7/18/2013 AT&T WIRELESS 1,330.85 300627 7/18/2013 LINDEN-BEALS CORP 266.65 300628 7/18/2013 SEWELL HARDWARE CO INC 157.66 300629 7/18/2013 DELTA SUPPLY CO 224.44 300630 7/18/2013 E-Z BREW COFFEE&BOTTLE WATER SVC 6.49 300631 7/18/2013 KELLY TRACTOR CO 570.74 300632 7/18/2013 SAFETY KLEEN SYSTEMS INC 265.69 300633 7/18/2013 COCA COLA REFRESHMENTS USA INC 534.00 300634 7/18/2013 MY RECEPTIONIST INC 594.94 300635 7/18/2013 AMERIGAS EAGLE PROPANE LP 130.00 300636 7/18/2013 AMERIGAS EAGLE PROPANE LP 2,546.39 300637 7/18/2013 SWE INC 325.00 300638 7/18/2013 RELIABLE SEPTIC AND SERVICE 45.00 300639 7/18/2013 RELIABLE SEPTIC AND SERVICE 5,725.00 300640 7/18/2013 HD SUPPLY WATERWORKS,LTD 6,107.00 300641 7/18/2013 BOUND TREE MEDICAL 99.40 300642 7/18/2013 SCHULKE BITTLE&STODDARD LLC 3,153.48 300643 7/18/2013 EGP INC 356.00 300644 7/18/2013 VERO INDUSTRIAL SUPPLY INC 157.67 300645 7/18/2013 ANIMAL CARE EQUIPMENT&SERVICES 150.80 300646 7/18/2013 TIRESOLES OF BROWARD INC 3,951.83 300647 7/18/2013 CENTER POINT INC 215.10 300648 7/18/2013 BARTH CONSTRUCTION INC 278,582.33 300649 7/18/2013 XEROX CORP SUPPLIES 6.43 300650 7/18/2013 XEROX CORP SUPPLIES 938.25 300651 7/18/2013 GENERAL PART INC 938.96 300652 7/18/2013 GOODYEAR AUTO SERVICE CENTER 341.62 300653 7/18/2013 BAKER&TAYLOR INC 4,676.88 300654 7/18/2013 MIDWEST TAPE LLC 312.81 300655 7/18/2013 NORTHERN SAFETY CO INC 429.40 300656 7/18/2013 BASS CARLTON SOD INC 31.00 300657 7/18/2013 LOWES CO INC 1,545.29 300658 7/18/2013 PRECISION CONTRACTING SERVICES INC 3,932.19 300659 7/18/2013 MICROMARKETING LLC 184.93 300660 7/18/2013 MELODY MUSIC 299.99 300661 7/18/2013 CENGAGE LEARNING CORPORATION 441.57 300662 7/18/2013 PALM TRUCK CENTERS INC 242.93 300663 7/18/2013 THYSSENKRUPP ELEVATOR 3,395.25 300664 7/18/2013 SUNSHINE REHABILATION CENTER OF IRC INC 90.00 300665 7/18/2013 GRACES LANDING LTD 1,454.00 300666 7/18/2013 LINDSEY GARDENS APARTMENTS 450.00 300667 7/18/2013 LINDSEY GARDENS APARTMENTS 500.00 300668 7/18/2013 PER-SE TECHNOLOGIES INC 29,234.42 300669 7/18/2013 PARKS AND SON INC 9,670.80 300670 7/18/2013 CITY OF VERO BEACH 91,462.83 300671 7/18/2013 CITY OF VERO BEACH 677.12 300672 7/18/2013 RUBBER STAMP EXPRESS&MORE INC 21.05 1 19 CHECK NBR CK DATE VENDOR AMOUNT 300673 7/18/2013 ILLINOIS STATE DISBURSEMENT UNIT 142.32 300674 7/18/2013 CHAPTER 13 TRUSTEE 277.30 300675 7/18/2013 UNITED WAY OF INDIAN RIVER COUNTY 849.94 (W 300676 7/18/2013 TEAMSTERS LOCAL UNION#769 5,106.00 300677 7/18/2013 UNITED PARCEL SERVICE INC 58.31 300678 7/18/2013 FLORIDA DEPARTMENT OF BUSINESS AND 6,770.29 300679 7/18/2013 TREASURE COAST REGIONAL PLANNING 8,300.00 300680 7/18/2013 B/C B/S OF FL ADM FEE 33,266.70 300681 7/18/2013 JANITORIAL DEPOT OF AMERICA INC 662.01 300682 7/18/2013 FLORIDA FISH&WILDLIFE 5,574.96 300683 7/18/2013 TOTAL TRUCK PARTS INC 236.08 300684 7/18/2013 AQUAGENIX 75.00 300685 7/18/2013 DUMONT COMPANY INC 592.00 300686 7/18/2013 HD SUPPLY FACILITIES MAINTENANCE LTD 177.43 300687 7/18/2013 PERKINS INDIAN RIVER PHARMACY 21.15 300688 7/18/2013 CALLAWAY GOLF SALES COMPANY 985.22 300689 7/18/2013 FLORIDA POWER AND LIGHT 35,944.77 300690 7/18/2013 FLORIDA POWER AND LIGHT 1,908.12 300691 7/18/2013 KENNETH SCOTT ELLIS 16.02 300692 7/18/2013 STATE ATTORNEY 2,414.90 300693 7/18/2013 CITY OF FELLSMERE 188.19 300694 7/18/2013 KENNETH CAMPBELL SENIOR 80.00 300695 7/18/2013 HIBISCUS CHILDRENS CENTER 2,500.00 300696 7/18/2013 GOVERNMENT FINANCE OFFICERS ASSOC 40.00 300697 7/18/2013 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 1,500.00 300698 7/18/2013 B&H FOTO&ELECTRONICS CORP 613.27 300699 7/18/2013 COX GIFFORD SEAWINDS 425.00 300700 7/18/2013 FLORIDA STATE GOLF ASSOCIATION 412.50 300701 7/18/2013 BE SAFE SECURITY ALARMS INC 361.70 300702 7/18/2013 FLORIDA UC FUND 4,950.33 300703 7/18/2013 UNITED HEALTH CARE INS COMPANY 477.76 300704 7/18/2013 GERALD A YOUNG SR 90.00 300705 7/18/2013 HENRY SMITH 102.00 300706 7/18/2013 MISDU MICHIGAN STATE 445.75 300707 7/18/2013 HORIZON BC BS OF NEW JERSEY 62.78 300708 7/18/2013 DAVID HAYS PE 193.27 300709 7/18/2013 NAEMT 60.00 300710 7/18/2013 RENAISSANCE ORLANDO RESORT 101.00 300711 7/18/2013 CHILDRENS HOME SOCIETY OF FL 2,750.00 300712 7/18/2013 NEW JERSEY FAMILY SUPPORT CENTER 346.88 300713 7/18/2013 BLUE CROSS BLUE SHIELD 371.94 300714 7/18/2013 BLUE CROSS BLUE SHIELD 873.00 300715 7/18/2013 COMCAST 69.95 300716 7/18/2013 BANK OF NEW YORK 1,925.00 300717 7/18/2013 ADVANCED XEROGRAPHICS IMAGING 1,632.86 300718 7/18/2013 LINDSEY MATHENY 160.00 300719 7/18/2013 DONADIO AND ASSOCIATES ARCHITECTS 13,130.14 300720 7/18/2013 PINNACLE GROVE LTD 500.00 300721 7/18/2013 C&C ELECTRIC WORKS INC 628.00 300722 7/18/2013 CAROLINA SOFTWARE INC 500.00 300723 7/18/2013 MICHAEL QUIGLEY 200.00 300724 7/18/2013 RUSSELL PAYNE INC 375.27 300725 7/18/2013 CELICO PARTNERSHIP 1,440.36 300726 7/18/2013 DOWN UNDER TANK TESTING OF AMERICA 460.00 300727 7/18/2013 JEAN PETERS 160.00 300728 7/18/2013 FLORIDA DEPT OF JUVENILE JUSTICE 52,303.82 300729 7/18/2013 VAN WAL INC 792.00 300730 7/18/2013 JOSEPH W VASQUEZ 102.00 (w 300731 7/18/2013 SHERWIN WILLIAMS CO 1,036.70 300732 7/18/2013 FRANK BLAKE 450.00 2 20 CHECK NBR CK DATE VENDOR AMOUNT 300733 7/18/2013 CENTRAL PUMP&SUPPLY INC 757.38 300734 7/18/2013 DONALD GUST 86.80 300735 7/18/2013 ADMIN FOR CHILD SUPPORT ENFORCEMENT 203.51 300736 7/18/2013 ADMIN FOR CHILD SUPPORT ENFORCEMENT 206.27 300737 7/18/2013 ADMIN FOR CHILD SUPPORT ENFORCEMENT 115.09 300738 7/18/2013 WHITELEAF INC 8,197.15 300739 7/18/2013 GARY L EMBREY 120.00 300740 7/18/2013 LARRY STEPHEN FAISON 40.00 300741 7/18/2013 MC GILBERRY,TIMOTHY&RHONDA 50.00 300742 7/18/2013 JOHN DEERE LANDSCAPE 653.30 300743 7/18/2013 JOSE RIVERA 60.00 300744 7/18/2013 METRO FIRE PROTECTION SERVICES INC 128.50 300745 7/18/2013 KELLY J TURNER JR 60.00 300746 7/18/2013 KENNY CAMPBELL JR 120.00 300747 7/18/2013 PAK MAIL 142.90 300748 7/18/2013 HIBU INC 237.00 300749 7/18/2013 COMPLETE ALARM INC. 360.00 300750 7/18/2013 JOHNNY B SMITH 108.00 300751 7/18/2013 DANE MACDONALD 108.00 300752 7/18/2013 TRINITY HIGHWAY PRODUCTS LLC 335.00 300753 7/18/2013 CHARLES A WALKER 140.00 300754 7/18/2013 FISHER&PHILLIPS LLP 275.00 300755 7/18/2013 ASSOCIATION OF STATE FLOODPLAIN MANAGERS 50.00 300756 7/18/2013 CEMEX 2,904.00 300757 7/18/2013 DANIEL IOFFREDO 40.00 300758 7/18/2013 TOTAL GOLF CONSTRUCTION LC 6,859.42 300759 7/18/2013 SOUTHEAST SECURE SHREDDING 182.48 300760 7/18/2013 BENNETT AUTO SUPPLY INC 435.00 300761 7/18/2013 MICHAEL ABRAHAM 1,764.27 300762 7/18/2013 TREASURE COAST SPRINKLERS INC 470.00 (W 300763 7/18/2013 K'S COMMERCIAL CLEANING 1,460.00 300764 7/18/2013 WILLIAM BOLTON 120.00 300765 7/18/2013 VERO BEACH WINNELSON COMPANY INC 791.39 300766 7/18/2013 HOLLIS HOIER 140.00 300767 7/18/2013 SANDYARACENA 60.00 300768 7/18/2013 FLORIDA MEDICAID 228.23 300769 7/18/2013 VERA SMITH 48.00 300770 7/18/2013 GARRETT SMITH 108.00 300771 7/18/2013 LOUIS BOSSOLA 11.05 300772 7/18/2013 CORPORATE CARE WORKS 1,098.90 300773 7/18/2013 LYON FINANCIAL SERVICES INV 271.70 300774 7/18/2013 INEOS NEW PLANET BIOENERGY LLC 307.34 300775 7/18/2013 ATLANTIC COASTAL LAND TITLE CO LLC 75.00 300776 7/18/2013 RADWELL INTERNATIONAL INC 1,432.50 300777 7/18/2013 KEMPER BUSINESS SYSTEMS 10.90 300778 7/18/2013 HUGHES ASSOCIATES INC 1,392.13 300779 7/18/2013 STEVEN A ABBOND 60.00 300780 7/18/2013 JANCY PET BURIAL SERVICE 123.25 300781 7/18/2013 YOUR AQUA INSTRUCTOR LLC 240.00 300782 7/18/2013 SAFETY SCHELL CORPORATION 3,656.00 300783 7/18/2013 DELRAY MOTORS 141.64 300784 7/18/2013 AG SCAPE SERVICES INC 33,070.35 300785 7/18/2013 MARIA RESTO 100.55 300786 7/18/2013 DEPT OF HWY SAFETY&MOTOR VEHICLES 10.00 300787 7/18/2013 RAYMOND J DUCHEMIN 60.00 300788 7/18/2013 AHS HOLDINGS GROUP LLC 537.00 300789 7/18/2013 SARA L MATHEWS 115.00 300790 7/18/2013 XYLEM WATER SOLUTION USA INC 2,500.00 300791 7/18/2013 KEITH GROCHOLL 60.00 300792 7/18/2013 TOTAL ID SOLUTIONS INC 53.00 3 21 CHECK NBR CK DATE VENDOR AMOUNT 300793 7/18/2013 JMC SERVICES INC 619.92 300794 7/18/2013 GOLD MEDAL PRODUCTS 1,035.00 300795 7/18/2013 SOUTHEASTERN SECURITY CONSULTANTS INC 296.00 300796 7/18/2013 COURTNEY GORMLEY 220.00 300797 7/18/2013 STRICTLY ENTERTAINMENT 650.00 300798 7/18/2013 HEATHER HATTON 230.00 300799 7/18/2013 JOSHUA GHIZ 2,194.61 300800 7/18/2013 NEWSOM OIL COMPANY 704.08 300801 7/18/2013 GENERAL CHEMICAL PERFORMANCE LLC 2,510.30 300802 7/18/2013 HIGHMARK STOP LOSS 11,015.64 300803 7/18/2013 TIM ZORC 166.71 300804 7/18/2013 REPROGRAPHIC SOLUTIONS INC 20.16 300805 7/18/2013 AMERICAN MESSAGING SERVICES LLC 37.00 300806 7/18/2013 LABOR READY SOUTHEAST INC 9,049.44 300807 7/18/2013 RAFTELIS FINANCIAL CONSULTANTS INC 980.00 300808 7/18/2013 CARDINAL HEALTH 110 INC 84.88 300809 7/18/2013 NATALIE SISKA 99.84 300810 7/18/2013 KELLIE P KIELBASA 80.00 300811 7/18/2013 ALEX MIKLO 148.00 300812 7/18/2013 MAUDLIN INTERNATIONAL PARTS 1,521.17 300813 7/18/2013 JEFF WILSON MASONRY SERVICE 3,800.00 300814 7/18/2013 DAVID GERSON 520.10 300815 7/18/2013 SHERRY JAVECH 50.00 300816 7/18/2013 LEKEISHA BEMBRY 50.00 300817 7/18/2013 MICHELE COOKE 53.50 300818 7/18/2013 DIANE TAYLOR 100.00 300819 7/18/2013 MICHAEL&RUBY RENE 7.13 300820 7/18/2013 RICHARD MCGRIFF 45.00 300821 7/18/2013 FRANK CARL 522.80 300822 7/18/2013 RAYMOND LAMPSA 95.44 (W 300823 7/18/2013 CORRINE MACCUNN 562.40 300824 7/18/2013 ROSE DALESSIO 87.50 300825 7/18/2013 WILLIAM MARCH 461.20 300826 7/18/2013 DAVID CURRAN 91.86 300827 7/18/2013 CAROL CORUM 77.90 300828 7/18/2013 ROSEANA BRONNER 96.43 300829 7/18/2013 CORINNE G BECCIA 428.80 300830 7/18/2013 JEKERIA PATTERSON 50.00 300831 7/18/2013 CARMEN ROBINSON 50.00 300832 7/18/2013 KEVIN SLADE 45.00 300833 7/18/2013 ROBERT RIVAS 45.00 300834 7/18/2013 JOANNE PAVOLINO 18.21 300835 7/18/2013 OPAL POWELL 88.77 300836 7/18/2013 AUDREY RUBIN 81.45 300837 7/18/2013 CHARLIE SCHMIDT 91.61 300838 7/18/2013 RANDY TROUTMAN 564.80 300839 7/18/2013 MICHAEL VILLANI 76.92 300840 7/18/2013 GRACE VITEZ 87.22 300841 7/18/2013 ESTATE OF CORDELIA B WALBRIDGE 526.64 300842 7/18/2013 DIANE WARNITZ 51.20 300843 7/18/2013 UT REFUNDS 154.06 300844 7/18/2013 UT REFUNDS 138.11 300845 7/18/2013 UT REFUNDS 44.80 300846 7/18/2013 UT REFUNDS 126.07 300847 7/18/2013 UT REFUNDS 163.59 300848 7/18/2013 UT REFUNDS 72.96 300849 7/18/2013 UT REFUNDS 591.77 300850 7/18/2013 UT REFUNDS 22.32 Aw 300851 7/18/2013 UT REFUNDS 92.57 300852 7/18/2013 UT REFUNDS 76.73 4 22 CHECK NBR CK DATE VENDOR AMOUNT 300853 7/18/2013 UT REFUNDS 255.18 300854 7/18/2013 UT REFUNDS 6.85 300855 7/18/2013 UT REFUNDS 66.48 300856 7/18/2013 UT REFUNDS 44.29 300857 7/18/2013 UT REFUNDS 147.41 300858 7/18/2013 UT REFUNDS 39.04 300859 7/18/2013 UT REFUNDS 37.83 300860 7/18/2013 UT REFUNDS 33.59 300861 7/18/2013 UT REFUNDS 6.85 300862 7/18/2013 UT REFUNDS 31.54 300863 7/18/2013 UT REFUNDS 26.90 300864 7/18/2013 UT REFUNDS 65.23 300865 7/18/2013 UT REFUNDS 50.23 300866 7/18/2013 UT REFUNDS 10.12 300867 7/18/2013 UT REFUNDS 5.95 300868 7/18/2013 UT REFUNDS 32.03 300869 7/18/2013 UT REFUNDS 91.74 300870 7/18/2013 UT REFUNDS 16.23 300871 7/18/2013 UT REFUNDS 13.07 300872 7/18/2013 UT REFUNDS 6.97 300873 7/18/2013 UT REFUNDS 57.67 300874 7/18/2013 UT REFUNDS 13.69 300875 7/18/2013 UT REFUNDS 12.12 300876 7/18/2013 UT REFUNDS 3.84 300877 7/18/2013 UT REFUNDS 38.41 300878 7/18/2013 UT REFUNDS 29.75 300879 7/18/2013 UT REFUNDS 59.07 300880 7/18/2013 UT REFUNDS 34.90 300881 7/18/2013 UT REFUNDS 47.24 300882 7/18/2013 UT REFUNDS 27.04 300883 7/18/2013 UT REFUNDS 1.36 300884 7/18/2013 UT REFUNDS 5.91 300885 7/18/2013 UT REFUNDS 62.37 300886 7/18/2013 UT REFUNDS 26.67 300887 7/18/2013 UT REFUNDS 69.64 300888 7/18/2013 UT REFUNDS 69.08 300889 7/18/2013 UT REFUNDS 69.80 300890 7/18/2013 UT REFUNDS 69.75 300891 7/18/2013 UT REFUNDS 17.79 300892 7/18/2013 UT REFUNDS 62.86 300893 7/18/2013 UT REFUNDS 30.40 300894 7/18/2013 UT REFUNDS 23.59 300895 7/18/2013 UT REFUNDS 58.29 300896 7/18/2013 UT REFUNDS 29.05 300897 7/18/2013 UT REFUNDS 41.56 300898 7/18/2013 UT REFUNDS 82.28 300899 7/18/2013 UT REFUNDS 28.69 300900 7/18/2013 UT REFUNDS 51.41 300901 7/18/2013 UT REFUNDS 25.87 300902 7/18/2013 UT REFUNDS 21.68 300903 7/18/2013 UT REFUNDS 59.87 300904 7/18/2013 UT REFUNDS 1.11 300905 7/18/2013 UT REFUNDS 22.42 300906 7/18/2013 UT REFUNDS 3.48 300907 7/18/2013 UT REFUNDS 59.87 300908 7/18/2013 UT REFUNDS 58.91 300909 7/18/2013 UT REFUNDS 45.32 (W 300910 7/18/2013 UT REFUNDS 27.62 300911 7/18/2013 UT REFUNDS 40.37 300912 7/18/2013 UT REFUNDS 55.47 5 23 CHECK NBR CK DATE VENDOR AMOUNT 300913 7/18/2013 UT REFUNDS 29.98 300914 7/18/2013 UT REFUNDS 18.59 300915 7/18/2013 UT REFUNDS 32.74 (W 300916 7/18/2013 UT REFUNDS 7.90 300917 7/18/2013 UT REFUNDS 10.44 300918 7/18/2013 UT REFUNDS 870.02 300919 7/18/2013 UT REFUNDS 12.04 300920 7/18/2013 UT REFUNDS 23.59 300921 7/18/2013 UT REFUNDS 39.17 300922 7/18/2013 UT REFUNDS 53.48 300923 7/18/2013 UT REFUNDS 66.64 300924 7/18/2013 UT REFUNDS 126.83 300925 7/18/2013 UT REFUNDS 52.33 300926 7/18/2013 UT REFUNDS 52.69 300927 7/18/2013 UT REFUNDS 33.00 300928 7/18/2013 UT REFUNDS 65.51 300929 7/18/2013 UT REFUNDS 22.76 300930 7/18/2013 UT REFUNDS 147.40 300931 7/18/2013 UT REFUNDS 23.32 300932 7/18/2013 UT REFUNDS 17.24 300933 7/18/2013 UT REFUNDS 43.01 300934 7/18/2013 UT REFUNDS 5.59 300935 7/18/2013 UT REFUNDS 74.18 300936 7/18/2013 UT REFUNDS 67.07 300937 7/18/2013 UT REFUNDS 42.81 300938 7/18/2013 UT REFUNDS 54.17 300939 7/18/2013 UT REFUNDS 27.30 300940 7/18/2013 UT REFUNDS 70.50 300941 7/18/2013 UT REFUNDS 76.73 300942 7/18/2013 UT REFUNDS 325.74 300943 7/18/2013 UT REFUNDS 13.79 300944 7/18/2013 UT REFUNDS 68.04 300945 7/18/2013 UT REFUNDS 31.26 300946 7/18/2013 UT REFUNDS 27.57 300947 7/18/2013 UT REFUNDS 47.16 300948 7/18/2013 UT REFUNDS 16.34 300949 7/18/2013 UT REFUNDS 2.23 300950 7/18/2013 UT REFUNDS 75.16 300951 7/18/2013 UT REFUNDS 7.01 300952 7/18/2013 UT REFUNDS 72.94 300953 7/18/2013 UT REFUNDS 27.16 300954 7/18/2013 UT REFUNDS 6.59 300955 7/18/2013 UT REFUNDS 66.85 300956 7/18/2013 UT REFUNDS 43.87 300957 7/18/2013 UT REFUNDS 35.30 300958 7/18/2013 UT REFUNDS 32.45 300959 7/18/2013 UT REFUNDS 6.67 300960 7/18/2013 UT REFUNDS 70.42 300961 7/18/2013 UT REFUNDS 2.03 300962 7/18/2013 UT REFUNDS 61.38 300963 7/18/2013 UT REFUNDS 7.57 300964 7/18/2013 UT REFUNDS 27.93 300965 7/18/2013 UT REFUNDS 29.17 300966 7/18/2013 UT REFUNDS 10.72 Grand Total: 836,908.65 (W 6 24 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 2507 7/11/2013 I R C HEALTH INSURANCE-TRUST 46,896.82 2508 7/12/2013 VETERANS COUNCIL OF I R C 7,260.12 2509 7/12/2013 PROCTOR CONSTRUCTION CO,INC 147,884.51 2510 7/12/2013 KIMLEY HORN&ASSOC INC 2,229.99 2511 7/12/2013 JMC SERVICES INC 41,853.85 2512 7/12/2013 CDM SMITH INC 5,211.40 2513 7/17/2013 BANK OF AMERICA 21,960.47 2514 7/17/2013 I R C HEALTH INSURANCE-TRUST 452,596.26 2515 7/18/2013 FL SDU 7,854.32 Grand Total: 733,747.74 1 25 ELECTRONIC PAYMENT - VISA CARD TRANS.NBR DATE VENDOR AMOUNT 1001994 7/15/2013 EVERGLADES FARM EQUIPMENT CO INC 602.87 (W 1001995 7/15/2013 PRAXAIR DISTRIBUTION SOUTHEAST LLC 1,167.33 1001996 7/15/2013 INDIAN RIVER BATTERY 738.30 1001997 7/15/2013 REPUBLIC SERVICES OF FLORIDA 42.92 1001998 7/15/2013 MIKES GARAGE&WRECKER SERVICE INC 270.00 1001999 7/15/2013 APPLE INDUSTRIAL SUPPLY CO 51.15 1002000 7/15/2013 ST LUCIE BATTERY&TIRE CO 66.06 1002001 7/15/2013 THE EXPEDITER 487.68 1002002 7/15/2013 ARAMARK UNIFORM&CAREER APPAREL LLC 172.68 1002003 7/15/2013 COMPLETE ELECTRIC INC 81.48 1002004 7/15/2013 FLAGLER CONSTRUCTION EQUIPMENT LLC 459.53 1002005 7/15/2013 CAPITAL OFFICE PRODUCTS 395.40 1002006 7/15/2013 S&S AUTO PARTS 243.78 1002007 7/15/2013 WRIGHT FASTENER COMPANY LLC 438.50 1002008 7/16/2013 PRAXAIR DISTRIBUTION SOUTHEAST LLC 41.92 1002009 7/16/2013 SAFETY PRODUCTS INC 25.63 1002010 7/16/2013 REPUBLIC SERVICES OF FLORIDA 164.93 1002011 7/16/2013 SVI SYSTEMS INC 1,873.25 1002012 7/17/2013 EVERGLADES FARM EQUIPMENT CO INC 64.26 1002013 7/17/2013 COMMUNICATIONS INTERNATIONAL 133.00 1002014 7/17/2013 HENRY SCHEIN INC 195.00 1002015 7/17/2013 NORTH SOUTH SUPPLY INC 47.39 1002016 7/17/2013 INDIAN RIVER BATTERY 556.85 1002017 7/17/2013 MIKES GARAGE&WRECKER SERVICE INC 85.00 1002018 7/17/2013 MEEKS PLUMBING INC 153.00 1002019 7/17/2013 ABCO GARAGE DOOR CO INC 101.50 1002020 7/17/2013 HOMELAND IRRIGATION 51.52 1002021 7/17/2013 HILL MANUFACTURING CO INC 260.55 1002022 7/17/2013 ARAMARK UNIFORM&CAREER APPAREL LLC 255.31 1002023 7/17/2013 COMMUNITY ASPHALT CORP 752.76 1002024 7/17/2013 MIDWEST MOTOR SUPPLY CO 355.15 1002025 7/17/2013 FLAGLER CONSTRUCTION EQUIPMENT LLC 459.15 1002026 7/17/2013 CAPITAL OFFICE PRODUCTS 463.63 1002027 7/17/2013 HARCROS CHEMICALS,INC. 6,558.24 1002028 7/17/2013 AUTO PARTNERS LLC 66.80 1002029 7/17/2013 S&S AUTO PARTS 111.68 1002030 7/18/2013 EVERGLADES FARM EQUIPMENT CO INC 377.50 1002031 7/18/2013 PRAXAIR DISTRIBUTION SOUTHEAST LLC 27.72 1002032 7/18/2013 COMMUNICATIONS INTERNATIONAL 55.00 1002033 7/18/2013 SSES INC DBA 23.10 1002034 7/18/2013 SAFETY PRODUCTS INC 468.49 1002035 7/18/2013 REPUBLIC SERVICES OF FLORIDA 230.76 1002036 7/18/2013 VERO LAWNMOWER CENTER INC 171.31 1002037 7/18/2013 APPLE INDUSTRIAL SUPPLY CO 45.98 1002038 7/18/2013 ALLIED UNIVERSAL CORP 2,797.30 1002039 7/18/2013 ARAMARK UNIFORM&CAREER APPAREL LLC 373.42 1002040 7/18/2013 COMMUNITY ASPHALT CORP 409.36 1002041 7/18/2013 FERGUSON ENTERPRISES INC 1,436.15 1002042 7/18/2013 SCRIPPS TREASURE COAST PUBLISHING LLC 609.50 1002043 7/18/2013 POLYDYNE INC 2,576.00 1002044 7/18/2013 SOUTHERN JANITOR SUPPLY INC 880.51 1002045 7/18/2013 S&S AUTO PARTS 15.60 1002046 7/18/2013 STAT MEDICAL DISPOSAL INC 190.00 1002047 7/18/2013 AT&T 2,808.42 1002048 7/18/2013 OFFICE DEPOT BSD CUSTOMER SVC 742.68 1002049 7/18/2013 WASTE MANAGEMENT INC 657.27 Grand Total: 32,890.27 1 26 JEFFREY R. SMITH Clerk of Circuit Court and Comptroller 1801 27TH Street ORIO�' Vero Beach, Florida 32961 -1028 Telephone (772) 226-1945 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS DATE: July 25, 2013 SUBJECT: APPROVAL OF WARRANTS July 19, 2013 to July 25, 2013 FROM: DIANE BERNARDO - FINANCE DIRECTOR In compliance with Chapter 136.06, Florida Statutes, all warrants (checks and electronic payments) issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached list of warrants, issued by the Comptroller's office, for the time period of July 19, 2013 to July 25, 2013. Attachment: DB: MS (W 27 CHECKS WRITTEN CHECK NBR CK DATE VENDOR AMOUNT 300967 7/19/2013 PORT CONSOLIDATED INC 25,453.82 300968 7/19/2013 JORDAN MOWER INC 94.01 300969 7/19/2013 TEN-8 FIRE EQUIPMENT INC 2,140.22 300970 7/19/2013 VELDE FORD INC 231.46 300971 7/19/2013 AT&T WIRELESS 142.84 300972 7/19/2013 AT&T WIRELESS 81.79 300973 7/19/2013 AT&T WIRELESS 476.85 300974 7/19/2013 COLD AIR DISTRIBUTORS WAREHOUSE 286.05 300975 7/19/2013 SUB AQUATICS INC 115.80 300976 7/19/2013 E-Z BREW COFFEE&BOTTLE WATER SVC 30.00 300977 7/19/2013 AMERIGAS EAGLE PROPANE LP 1,024.20 300978 7/19/2013 AMERIGAS EAGLE PROPANE LP 2,386.99 300979 7/19/2013 BOUND TREE MEDICAL 572.40 300980 7/19/2013 EGP INC 338.04 300981 7/19/2013 SIGNAL GROUP INC 1,870.00 300982 7/19/2013 EXPRESS REEL GRINDING INC 2,500.00 300983 7/19/2013 FLORIDA VETERINARY LEAGUE 34.00 300984 7/19/2013 TIRESOLES OF 13ROWARD INC 125.00 300985 7/19/2013 CHILDCARE RESOURCES OF IRC INC 20,299.92 300986 7/19/2013 CHILDCARE RESOURCES OF IRC INC 300.00 300987 7/19/2013 XEROX CORP SUPPLIES 233.46 300988 7/19/2013 GENERAL PART INC 1,698.00 300989 7/19/2013 GOODYEAR AUTO SERVICE CENTER 699.36 300990 7/19/2013 BAKER&TAYLOR INC 740.58 300991 7/19/2013 MIDWEST TAPE LLC 124.13 300992 7/19/2013 LOWES CO INC 984.55 300993 7/19/2013 WHEELED COACH 37.88 300994 7/19/2013 CENGAGE LEARNING CORPORATION 142.44 300995 7/19/2013 PALM TRUCK CENTERS INC 767.97 300996 7/19/2013 RELIABLE POLY JOHN 29.65 300997 7/19/2013 CITY OF VERO BEACH 17,257.81 300998 7/19/2013 INDIAN RIVER COUNTY SHERIFF 5,132.25 300999 7/19/2013 FLORIDA GOVERNMENT FINANCE 80.00 301000 7/19/2013 JANITORIAL DEPOT OF AMERICA INC 713.21 301001 7/19/2013 TREASURE COAST HOMELESS SERVICES 6,101.13 301002 7/19/2013 HUMANE SOCIETY 34,875.00 301003 7/19/2013 FEDERAL EXPRESS 12.02 301004 7/19/2013 FEDERAL EXPRESS 23.75 301005 7/19/2013 FEDERAL EXPRESS 34.97 301006. 7/19/2013 CITY OF SEBASTIAN 21,040.65 301007 7/19/2013 SPRINT SPECTRUM LP 25.96 301008 7/19/2013 SPRINT SPECTRUM LP 102.51 301009 7/19/2013 SPRINT SPECTRUM LP 167.51 301010 7/19/2013 FLORIDA POWER AND LIGHT 29,778.58 301011 7/19/2013 CITY OF FELLSMERE 18.82 301012 7/19/2013 L3 COMMUNICATIONS SECURITY& 12,899.00 301013 7/19/2013 NEW HORIZONS OF THE TREASURE COAST 22,812.83 301014 7/19/2013 LANGUAGE LINE SERVICES INC 333.37 301015 7/19/2013 HOMELESS FAMILY CENTER INC 5,838.52 301016 7/19/2013 CHANNING BETE CO INC 240.95 301017 7/19/2013 KURT STEFFEN 60.00 301018 7/19/2013 FLORIDA WATER RESOURCES JOURNAL INC 504.00 301019 7/19/2013 ADVANCED XEROGRAPHICS IMAGING 15,000.00 301020 7/19/2013 INDIAN RIVER COUNTY BAR ASSOCIATION INC 100.00 301021 7/19/2013 SYMBIONT SERVICE CORP 167.50 301022 7/19/2013 SOUTHERN PLUMBING INC 1,507.00 301023 7/19/2013 CELICO PARTNERSHIP 288.75 301024 7/19/2013 JOHNS EASTERN COMPANY INC 7,008.27 1 28 CHECK NBR CK DATE VENDOR AMOUNT 301025 7/19/2013 RICHARD PEEPLES 350.00 301026 7/19/2013 MASTELLER&MOLER INC 9,100.00 301027 7/19/2013 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 276.23 (W 301028 7/19/2013 SUNCOAST REALTY&RENTAL MGMT LLC 500.00 301029 7/19/2013 GABRIEL ROEDER SMITH&CO 3,000.00 301030 7/19/2013 BENNETT AUTO SUPPLY INC 23.88 301031 7/19/2013 MICHELLE VAN KEULEN 150.00 301032 7/19/2013 STANDARD LIFE INSURANCE 7,381.31 301033 7/19/2013 STANDARD LIFE INSURANCE OPT 9,594.00 301034 7/19/2013 DAVID L HANCOCK 641.00 301035 7/19/2013 DURAFLEX SPRINGBOARD 1,693.00 301036 7/19/2013 ADETAYO ADELAKUN 74.95 301037 7/19/2013 EQ THE ENVIRONMENTAL QUALITY COMPANY 6,527.13 301038 7/19/2013 TRITEL INC 49.50 301039 7/19/2013 SAFETY SCHELL CORPORATION 279.50 301040 7/19/2013 FLORIDA COMBINED 7,649.47 301041 7/19/2013 DEPT OF HWY SAFETY&MOTOR VEHICLES 30.00 301042 7/19/2013 TIGHT LINE PRODUCTIONS INC 1,493.00 301043 7/19/2013 COMCAST SPOTLIGHT 362.00 301044 7/19/2013 HAYES E GOVERNMENT RESOURCES INC 40.00 301045 7/19/2013 EISINGER-SMITH INC 1,104.52 301046 7/19/2013 CENTRAL FLORIDA GOLF CARS INC 158.54 301047 7/19/2013 MARATHON EQUIPMENT CO 76,884.88 301048 7/19/2013 J&H WATERSTOP UTILITIES INC 27,940.00 301049 7/19/2013 AMG SF LLC 50.51 301050 7/19/2013 ALCURT VERO BEACH LLC 495.00 301051 7/19/2013 AUDREY OBERTAUTSCH 89.00 301052 7/19/2013 DIANA CAROLINA RIOS 60.00 301053 7/19/2013 MORGAN SHALEAH 342.96 301054 7/19/2013 JOHN MYKYTYN 50.19 301055 7/19/2013 JULIO&CARMEN MEDINA 200.00 301056 7/22/2013 TEN-8 FIRE EQUIPMENT INC 3,400.00 301057 7/22/2013 CHISHOLM CORP OF VERO 1,342.97 301058 7/22/2013 BRIAN FREEMAN 12.46 301059 7/24/2013 PORT CONSOLIDATED INC 1,903.76 301060 7/24/2013 FLORIDA DETROIT DIESEL ALLISON 5,433.10 301061 7/24/2013 JORDAN MOWER INC 358.95 301062 7/24/2013 RICOH USA INC 201.32 301063 7/24/2013 KIMLEY HORN&ASSOC INC 631.50 301064 7/24/2013 VELDE FORD INC 564.40 301065 7/24/2013 AT&T WIRELESS 0.88 301066 7/24/2013 COLD AIR DISTRIBUTORS WAREHOUSE 385.85 301067 7/24/2013 E-Z BREW COFFEE&BOTTLE WATER SVC 9.50 301068 7/24/2013 HACH CO 724.90 301069 7/24/2013 MARK W HILL 428.88 301070 7/24/2013 DUVAL FORD 27,112.00 301071 7/24/2013 HD SUPPLY WATERWORKS,LTD 691.65 301072 7/24/2013 PETES CONCRETE 650.00 301073 7/24/2013 ECOTECH CONSULTANTS INC 8,700.00 301074 7/24/2013 EGP INC 172.17 301075 7/24/2013 ECOLOGICAL ASSOCIATES INC 54,559.62 301076 7/24/2013 DELL MARKETING LP 6,466.30 301077 7/24/2013 XEROX CORP SUPPLIES 772.76 301078 7/24/2013 GENERAL PART INC 1,565.73 301079 7/24/2013 LOWES CO INC 62.13 301080 7/24/2013 PRECISION CONTRACTING SERVICES INC 30,775.25 301081 7/24/2013 RELIABLE POLY JOHN 78.80 301082 7/24/2013 PAUL CARONE 3,408.00 (W 301083 7/24/2013 LINDSEY GARDENS APARTMENTS 747.00 301084 7/24/2013 CREATIVE CHOICE HOMES XVI LTD 554.00 2 29 CHECK NBR CK DATE VENDOR AMOUNT 301085 7/24/2013 CLERK OF CIRCUIT COURT 2,621.20 301086 7/24/2013 INDIAN RIVER COUNTY HEALTH DEPT 62.45 301087 7/24/2013 INDIAN RIVER COUNTY 102.05 301088 7/24/2013 CITY OF VERO BEACH 934.89 301089 7/24/2013 LSQ FUNDING GROUP L C 14,244.63 301090 7/24/2013 FLORIDA GOVERNMENT FINANCE 98.00 301091 7/24/2013 JANITORIAL DEPOT OF AMERICA INC 584.96 301092 7/24/2013 WAL MART STORES EAST LP 168.07 301093 7/24/2013 INTERNATIONAL GOLF MAINTENANCE INC 83,088.25 301094 7/24/2013 GEOSYNTEC CONSULTANTS INC 12,681.13 301095 7/24/2013 IRC CHAMBER OF COMMERCE 30,716.02 301096 7/24/2013 PRIDE ENTERPRISES 2,950.00 301097 7/24/2013 ROSEN CENTRE HOTEL 774.00 301098 7/24/2013 FLORIDA RECREATION&PARK ASSOC INC 225.00 301099 7/24/2013 FLORIDA POWER AND LIGHT 316.89 301100 7/24/2013 FLORIDA POWER AND LIGHT 34,976.71 301101 7/24/2013 FLORIDA POWER AND LIGHT 15,608.31 301102 7/24/2013 FLORIDA POWER AND LIGHT 491.02 301103 7/24/2013 ACUSHNET COMPANY 674.65 301104 7/24/2013 INDIAN RIVER COUNTY TAX COLLECTOR 129.10 301105 7/24/2013 BRE-CLEARWATER OWNER LLC 405.00 301106 7/24/2013 KENNETH CAMPBELL SENIOR 80.00 30110' 7/24/2013 GLOBAL GOLF SALES INC 60.45 301108 7/24/2013 SUNSHINE STATE ONE CALL OF FL INC 1,094.52 301109 7/24/2013 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 1,000.00 301110 7/24/2013 GERALD A YOUNG SR 90.00 301111 7/24/2013 HENRY SMITH 174.00 301112 7/24/2013 INDIAN RIVER FARMS WATER CNTRL DIST 1,270.00 301113 7/24/2013 INDIAN RIVER COUNTY HISTORICAL 1,712.00 301114 7/24/2013 ADVANCED XEROGRAPHICS IMAGING 974.08 301115 7/24/2013 LINDSEY MATHENY 40.00 301116 7/24/2013 BRIDGE DESIGN ASSOCIATES INC 2,250.00 301117 7/24/2013 INDIAN RIVER COUNTY BAR ASSOCIATION INC 200.00 301118 7/24/2013 PINNACLE GROVE LTD 986.00 301119 7/24/2013 VERO CLUB PARTNERS LTD 1,409.00 301120 7/24/2013 DAVID SPARKS 616.00 301121 7/24/2013 INDIAN RIVER INVESTMENT REALTY INC 507.00 301122 7/24/2013 STAN BOLING 405.00 301123 7/24/2013 ARCADIS U S INC 13,419.48 301124 7/24/2013 THE PALMS AT VERO BEACH 639.00 301125 7/24/2013 PRO-CO INC 1,090.00 301126 7/24/2013 ED SCHLITT LC 493.00 301127 7/24/2013 RUSSELL PAYNE INC 246.54 301128 7/24/2013 JOHN COLONTRELLE 450.00 301129 7/24/2013 JEAN PETERS 180.00 301130 7/24/2013 ARTHUR PRUETT 475.00 301131 7/24/2013 JOSEPH W VASQUEZ 126.00 301132 7/24/2013 SYNAGRO-WWT INC 52,406.09 301133 7/24/2013 FLORIDA RURAL LEGAL SERVICES INC 2,319.24 301134 7/24/2013 UNITED RENTALS NORTH AMERICA INC 112.00 301135 7/24/2013 JOSEPH LOZADA 2,457.00 301136 7/24/2013 MBV ENGINEERING INC 6,487.50 301137 7/24/2013 CENTRAL PUMP&SUPPLY INC 11.68 301138 7/24/2013 UNITED FOR FAMILIES 1,191.66 301139 7/24/2013 FLORIDA DETROIT DIESEL-ALLISON 4,221.90 301140 7/24/2013 ANIXTER INC 490.00 301141 7/24/2013 BOB FLAMING 150.00 301142 7/24/2013 SAFE CAPTURE INTERNATIONAL 645.00 (W 301143 7/24/2013 PELICAN ISLES LP 274.00 301144 7/24/2013 LARRY STEPHEN FAISON 60.00 3 30 CHECK NBR CK DATE VENDOR AMOUNT 301145 7/24/2013 LARRY STEPHENS 108.00 301146 7/24/2013 JOSE RIVERA 60.00 301147 7/24/2013 JOHN F BAER 9,343.00 301148 7/24/2013 JOHN F BAER 11,589.00 301149 7/24/2013 JOHN F BAER 17,590.00 301150 7/24/2013 HFB OF FLORIDA LLC 570.00 301151 7/24/2013 KELLY J TURNER JR 40.00 301152 7/24/2013 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 13.13 301153 7/24/2013 KENNY CAMPBELL JR 60.00 301154 7/24/2013 PETER OBRYAN 214.92 301155 7/24/2013 COMMUNICATIONS BROKERS&CONSULTANTS INC 3.60 301156 7/24/2013 JOHNNY B SMITH 234.00 301157 7/24/2013 EARRING POINT PROPERTIES 436.00 301158 7/24/2013 DANE MACDONALD 126.00 301159 7/24/2013 CHARLES A WALKER 60.00 301160 7/24/2013 ANDRE DORAWA 545.00 301161 7/24/2013 FISHER&PHILLIPS LLP 300.15 301162 7/24/2013 INDIAN RIVER RDA LP 488.00 301163 7/24/2013 REDLANDS CHRISTIAN MIGRANT ASSOC 2,460.10 301164 7/24/2013 STEVEN F BERNYK 950.00 301165 7/24/2013 DANIEL IOFFREDO 60.00 301166 7/24/2013 MARK KNOWLES 1,207.00 301167 7/24/2013 TERRI COLLINS LISTER 43.72 301168 7/24/2013 BENNETT AUTO SUPPLY INC 186.72 301169 7/24/2013 VIRGINIA PINES 438.00 301170 7/24/2013 PAULA WHIDDON 553.00 301171 7/24/2013 NICOLACE MARKETING INC 2,876.53 301172 7/24/2013 WILLIAM BOLTON 80.00 301173 7/24/2013 GATOR INVESTMENTS 515.00 301174 7/24/2013 HOLLIS HOIER 210.00 301175 7/24/2013 SANDYARACENA 120.00 301176 7/24/2013 LARIAT ENTERPRISES INC 218.20 301177 7/24/2013 VERA SMITH 108.00 301178 7/24/2013 GARRETT SMITH 108.00 301179 7/24/2013 DAVID WALSH&ASSOC 567.00 301180 7/24/2013 ALWAYS ON TIME ENTERPRISES INC 1,029.26 301181 7/24/2013 JAMES W DAVIS 297.00 301182 7/24/2013 INEOS NEW PLANET BIOENERGY LLC 16,497.57 301183 7/24/2013 WOERNER DEVELOPMENT INC 332.50 301184 7/24/2013 NITA EZELL 500.00 301185 7/24/2013 MURPHY&WALKER P L 11,165.12 301186 7/24/2013 DELRAY MOTORS 46.93 301187 7/24/2013 MISS INC OF THE TREASUE COAST 738.00 301188 7/24/2013 SOUTHERN ASSOCIATES LLC 642.00 301189 7/24/2013 EUTEK SYSTEMS 8,500.00 301190 7/24/2013 RAYMOND J DUCHEMIN 60.00 301191 7/24/2013 DANIEL CORY MARTIN 750.00 301192 7/24/2013 RICOH PRINTING SYSTEMS AMERICA,INC 1,170.00 301193 7/24/2013 STEPHENS PIPE&STEEL LLC 4,017.33 301194 7/24/2013 BORO BUILDING&PROPERTY MAINT INC 4,720.13 301195 7/24/2013 CRAIG LOPES 332.00 301196 7/24/2013 INTEGRITY LAWNS&LANDSCAPING 1,260.00 301197 7/24/2013 INDIAN RUN LIMITED PARTNERSHIP 710.00 301198 7/24/2013 KEITH GROCHOLL 80.00 301199 7/24/2013 MADISON VINES APARTMENTS LLC 518.00 301200 7/24/2013 COURTNEY GORMLEY 160.00 301201 7/24/2013 HEATHER HATTON 20.00 301202 7/24/2013 CURRY CONTROLS CO 1,145.00 301203 7/24/2013 FREDDA LOZADO 604.00 301204 7/24/2013 GENERAL CHEMICAL PERFORMANCE LLC 2,506.24 4 31 CHECK NBR CK DATE VENDOR AMOUNT 301205 7/24/2013 B&E PROPERTY MAINTENANCE 775.00 301206 7/24/2013 MTD4 PELED LLC 444.00 301207 7/24/2013 FIVE STAR PROPERTY HOLDING LLC 800.00 (W 301208 7/24/2013 WILLIAM LEE 497.00 301209 7/24/2013 R J SULLIVAN CORP 81,540.00 301210 7/24/2013 FEMA LAW ASSOCIATES PLLC 240.00 301211 7/24/2013 GRAY ROBINSON PA 3,185.86 301212 7/24/2013 JARRED GRAVELLE 60.00 301213 7/24/2013 MITCHELL GODWIN 144.00 301214 7/24/2013 AMANDA KING 75.00 301215 7/24/2013 DIAMOND COURT VILLAGE 75.00 301216 7/24/2013 RITTER CHUSID LLP 16.85 Grand Total: 1,055,191.55 (aw 5 32 ELECTRONIC PAYMENT - VISA CARD TRANS.NBR DATE VENDOR AMOUNT 1002049 7/18/2013 WASTE MANAGEMENT INC 657.27 1002050 7/19/2013 EVERGLADES FARM EQUIPMENT CO INC 16.45 1002051 7/19/2013 COMMUNICATIONS INTERNATIONAL 132.00 1002052 7/19/2013 HENRY SCHEIN INC 6,831.70 1002053 7/19/2013 SAFETY PRODUCTS INC 89.35 1002054 7/19/2013 INDIAN RIVER OXYGEN INC 3,321.68 1002055 7/19/2013 MIKES GARAGE&WRECKER SERVICE INC 250.00 1002056 7/19/2013 APPLE INDUSTRIAL SUPPLY CO 263.07 1002057 7/19/2013 ARAMARK UNIFORM&CAREER APPAREL LLC 362.26 1002058 7/19/2013 SCRIPPS TREASURE COAST PUBLISHING LLC 91.35 1002059 7/19/2013 SOUTHERN JANITOR SUPPLY INC 615.22 1002060 7/19/2013 CAPITAL OFFICE PRODUCTS 63.75 1002061 7/19/2013 AUTO PARTNERS LLC 582.99 1002062 7/19/2013 L&L DISTRIBUTORS 144.76 1002063 7/19/2013 S&S AUTO PARTS 35.96 1002064 7/19/2013 EAST COAST ANIMAL MEDICAL CENTER 157.00 1002065 7/19/2013 HARRIS SANITATION INC 77,951.04 1002066 7/19/2013 AT&T 719.95 1002067 7/19/2013 OFFICE DEPOT BSD CUSTOMER SVC 1,379.50 1002068 7/19/2013 WASTE MANAGEMENT INC 61.33 1002069 7/19/2013 WHEELABRATOR RIDGE ENERGY INC 12,409.80 1002070 7/24/2013 REPUBLIC SERVICES OF FLORIDA 86,674.77 1002071 7/24/2013 REPUBLIC SERVICES OF FLORIDA 119,527.45 1002072 7/24/2013 EVERGLADES FARM EQUIPMENT CO INC 385.56 1002073 7/24/2013 COMMUNICATIONS INTERNATIONAL 118.50 1002074 7/24/2013 REPUBLIC SERVICES OF FLORIDA 86,674.78 1002075 7/24/2013 ST LUCIE BATTERY&TIRE CO 230.00 1002076 7/24/2013 SOUTHERN COMPUTER WAREHOUSE 1,845.52 1002077 7/24/2013 COMMUNITY ASPHALT CORP 345.31 1002078 7/24/2013 GREAT SOUTHERN CONSTRUCTION 96.09 1002079 7/24/2013 SOUTHERN JANITOR SUPPLY INC 868.02 1002080 7/24/2013 S&S AUTO PARTS 154.59 1002081 7/24/2013 HYDRA SERVICE(S)INC 4,118.08 1002082 7/24/2013 REPUBLIC SERVICES OF FLORIDA 119,527.47 1002083 7/24/2013 ST LUCIE BATTERY&TIRE CO 158.00 1002084 7/24/2013 PIONEER MANUFACTURING 840.00 1002085 7/24/2013 APPLE INDUSTRIAL SUPPLY CO 276.14 1002086 7/24/2013 ALLIED UNIVERSAL CORP 8,455.70 1002087 7/24/2013 ARAMARK UNIFORM&CAREER APPAREL LLC 322.94 1002088 7/24/2013 FERGUSON ENTERPRISES INC 1,538.63 1002089 7/24/2013 SCRIPPS TREASURE COAST PUBLISHING LLC 587.10 1002090 7/24/2013 CAPITAL OFFICE PRODUCTS 1,296.61 1002091 7/24/2013 EAST COAST ANIMAL MEDICAL CENTER 28.00 1002092 7/25/2013 AT&T 11,833.04 1002093 7/25/2013 OFFICE DEPOT BSD CUSTOMER SVC 1,092.85 Grand Total: 553,131.58 1 33 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT (W 2516 7/19/2013 SCHOOL DISTRICT OF I R COUNTY 70,240.00 2517 7/19/2013 CDM SMITH INC 7,595.19 2518 7/19/2013 IRC FIRE FIGHTERS ASSOC 6,240.00 2519 7/19/2013 NACO/SOUTHEAST 23,072.25 2520 7/19/2013 ICMA RET CORP 1,910.00 2521 7/19/2013 FLORIDA LEAGUE OF CITIES,INC 5,172.39 2522 7/19/2013 NATIONWIDE SOLUTIONS RETIREMENT 297.31 2523 7/19/2013 ICMA RETIREMENT CORPORATION 11,746.41 2524 7/22/2013 IRS-PAYROLL TAXES 386,671.74 2525 7/22/2013 SENIOR RESOURCE ASSOCIATION 208,444.07 2526 7/23/2013 BENEFITS WORKSHOP 3,050.97 Grand Total: 724,440.33 (W 1 34 4� JEFFREY R. SMITH Clerk of Circuit Court and Comptroller 1 801 27TH Street Vero Beach, Florida 32961 -1028 Telephone (772) 226-1945 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS DATE: August 1, 2013 SUBJECT: APPROVAL OF WARRANTS July 26, 2013 to August 1, 2013 FROM: DIANE BERNARDO - FINANCE DIRECTOR In compliance with Chapter 136.06, Florida Statutes, all warrants (checks and electronic payments) issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached list of warrants, issued by the Comptroller's office, for the (W time period of July 26, 2013 to August 1, 2013. Attachment: DB: MS (W 35 CHECKS WRITTEN CHECK NBR CK DATE VENDOR AMOUNT 301217 7/31/2013 GREENE INVESTMENT PARTNERSHIP LTD 3,114.58 301218 7/31/2013 INDIAN RIVER COUNTY HEALTH DEPT 44,543.41 301219 7/31/2013 INDIAN RIVER COUNTY 187,096.27 301220 7/31/2013 MEDICAL EXAMINERS OFFICE 23,651.41 301221 7/31/2013 VICTIM ASSISTANCE PROGRAM 4,428.66 301222 7/31/2013 ROGER J NICOSIA 1,500.00 301223 7/31/2013 CITY OF VERO BEACH 1,972.54 301224 7/31/2013 CITY OF VERO BEACH 11,562.50 301225 7/31/2013 FLORIDA COMBINED 7,673.82 301226 7/31/2013 FLORIDA COMBINED 7,709.19 301227 7/31/2013 FLORIDA COMBINED 13,167.03 301228 7/31/2013 FLORIDA COMBINED 13,630.36 301229 7/31/2013 FLORIDA COMBINED 13,722.01 301230 8/1/2013 ORANGE COUNTY HOUSING&C D 907.52 301231 8/1/2013 SANDY PINES LTD 342.00 301232 8/1/2013 ALL FLORIDA REALTY SERVICES INC 5,295.00 301233 8/1/2013 GERALD T CAPAK 265.00 301234 8/1/2013 CHERYL DOYLE 384.00 301235 8/1/2013 VERO BEACH EDGEWOOD PLACE(305-113) 658.00 301236 811/2013 GRACES LANDING LTD 8,285.00 301237 8/1/2013 : MICHAEL JACKOWSKI 429.00 301238 8/1/2013 TERRY A LAWRENCE 77.00 301239 8/1/2013 LINDSEY GARDENS APARTMENTS 11,463.00 301240 8/1/2013 : BRYAN D BLAIS 782.00 301241 8/1/2013 : RIVER PARK ASSOCIATES 12,604.00 301242 8/1/2013 RICHARD C THERIEN 477.00 301243 8/1/2013 CREATIVE CHOICE HOMES XVI LTD 2,909.00 301244 8/1/2013 DAVID YORK 528.00 301245 8/1/2013 ST FRANCIS MANOR OF VERO BEACH 816.00 301246 8/1/2013 TREASURE COAST HOMELESS SERVICES 2,462.00 301247 8/1/2013 FULCHINI ENTERPRISES INC 287.00 301248 8/1/2013 VENETIAN APARTMENTS OF VERO BEACH 874.00 301249 8/1/2013 HERMOSA PROPERTIES LLC 308.00 301250 8/1/2013 PINNACLE GROVE LTD 6,817.00 301251 8/1/2013 VERO CLUB PARTNERS LTD 15,886.00 301252 8/1/2013 DAVID SPARKS 561.00 301253 8/1/2013 CRAIG MERRILL 1,365.00 301254 8/1/2013 CHRISTINE SALTER 511.00 301255 8/1/2013 HAGGERTY FAMILY LTD 307.00 301256 8/1/2013 THE PALMS AT VERO BEACH 12,315.00 301257 8/1/2013 FELLSMERE COMM ENRICHMENT PROGRAM INC 91.00 301258 8/1/2013 HENRY O SPEIGHT 645.00 301259 8/1/2013 DAVID CONDON 590.00 301260 8/1/2013 HILARY MCIVOR 505.00 301261 8/1/2013 PAULA LANE 376.00 301262 8/1/2013 FRANK BLAKE 442.00 301263 8/1/2013 JOHN A CAPPELLO 418.00 301264 8/1/2013 TCG SONRISE II LLC 571.00 301265 8/1/2013 KARL LACHNITT 718.00 301266 8/1/2013 PELICAN ISLES LP 5,228.00 301267 8/1/2013 JOHN F BAER 1,188.00 301268 8/1/2013 SUNCOAST REALTY&RENTAL MGMT LLC 6,696.00 301269 8/1/2013 OAK RIVER PROPERTIES INC 741.00 301270 8/1/2013 MARILYN LEWIS 77.00 301271 8/1/2013 STEPHEN J SHORT SR 442.00 301272 8/1/2013 MICHAEL KANNER 566.00 301273 8/1/2013 AD&IN SERVICES INC 229.00 301274 8/1/2013 ANDRE DORAWA 657.00 1 36 CHECK NBR CK DATE VENDOR AMOUNT 301275 8/1/2013 RICHARD JOHN KELLER 706.00 301276 8/1/2013 ADINA GOLDMAN 459.00 301277 8/1/2013 INDIAN RIVER RDA LP 266.00 301278 8/1/2013 GEORGE THUYNS 607.00 301279 8/1/2013 STEVEN ROBERT HARTMAN 541.00 301280 8/1/2013 LAZY J LLC 399.00 301281 8/1/2013 STEPHANIE FOUNTAIN 273.00 301282 8/1/2013 SYLVIA MCNEILL 243.00 301283 8/1/2013 SKOKIE HOLDINGS INC 408.00 301284 8/1/2013 : LILIAN N BEUTTELL 441.00 301285 8/1/2013 : ROGER WINSLOW 503.00 301286 8/1/2013 : TAMMY MEEKS 719.00 301287 8/1/2013 VINCENT PILEGGI 449.00 301288 8/1/2013 : OSLO VALLEY PROPERTIES INC 734.00 301289 8/1/2013 VICKY L STANLEY 797.00 301290 8/1/2013 : CORY J HOWELL 202.00 301291 8/1/2013 CHOICE RENTALS INC 670.00 301292 8/1/2013 WILLIAM JAMES STANGANELLI 394.00 301293 8/1/2013 THE CHARLES F FOWLER 1996 CHARITABLE UNITRUS 848.00 301294 8/1/2013 OSCEOLA COUNTY SECTION 8 682.76 301295 8/1/2013 : WYNN OWLE 572.00 301296 8/1/2013 : WILLIAM NEUWIRTH 633.00 301297 8/112013 ANTHONYARROYO 308.00 301298 8/1/2013 BRIGITTE BALL 535.00 301299 8/1/2013 AHS HOLDINGS GROUP LLC 3,984.00 301300 8/1/2013 COUNTY OF VOLUSIA HVC PROGRAM 638.76 301301 8/1/2013 YVONNE KOUTSOFIOS 280.00 301302 8/1/2013 HOUSING AUTHORITY CITY OF ALLENTOWN 637.76 301303 8/1/2013 ALAN R TOKAR 649.00 301304 8/1/2013 2184 1ST PL SW LLC 584.00 301305 8/1/2013 VILLAS OF VERO BEACH 486.00 301306 8/1/2013 BRIAN E GALLAGHER 503.00 301307 8/1/2013 MANUEL V CAMACHO SR LLC 697.00 301308 8/1/2013 HOUSING AUTHORITY 719.76 301309 8/1/2013 ALCURT VERO BEACH LLC 4,044.00 301310 8/1/2013 FRANKLIN TODD&DEANA MARCHANT 539.00 301311 8/1/2013 MICHAEL STILES 485.00 301312 8/1/2013 JOYCE ANN KETLAR 465.00 301313 8/1/2013 BLTREJV3 PALM BEACH 833.00 301314 8/1/2013 PORT CONSOLIDATED INC 56,115.58 301315 8/1/2013 TEN-8 FIRE EQUIPMENT INC 20,046.55 301316 8/1/2013 VERO CHEMICAL DISTRIBUTORS INC 434.10 301317 8/1/2013 COPYCOINC 59.45 301318 8/1/2013 METAL CULVERTS 7,635.80 301319 8/1/2013 RICOH USA INC 150.40 301320 8/1/2013 CHISHOLM CORP OF VERO 3,353.12 301321 8/1/2013 VELDE FORD INC 3,515.69 301322 8/1/2013 STEWART MINING INDUSTRIES INC 326.86 301323 8/1/2013 AT&T WIRELESS 1,175.99 301324 8/1/2013 COLD AIR DISTRIBUTORS WAREHOUSE 280.39 301325 8/1/2013 E-Z BREW COFFEE&BOTTLE WATER SVC 96.40 301326 8/1/2013 KELLY TRACTOR CO 1,104.15 301327 8/1/2013 GENES AUTO GLASS INC 100.00 301328 8/1/2013 TEMPLE INC 6,373.00 301329 8/1/2013 AMERIGAS EAGLE PROPANE LP 130.00 301330 8/1/2013 AMERIGAS EAGLE PROPANE LP 455.48 301331 8/1/2013 GAYLORD BROTHERS INC 23.33 301332 8/1/2013 PHYSIO CONTROL INC 830.77 (W 301333 8/1/2013 RELIABLE SEPTIC AND SERVICE 175.00 301334 8/1/2013 HD SUPPLY WATERWORKS,LTD 8,014.98 2 37 CHECK NBR CK DATE VENDOR AMOUNT 301335 8/1/2013 : BOUND TREE MEDICAL 90.20 301336 8/1/2013 EGP INC 815.50 301337 8/1/2013 : VERO INDUSTRIAL SUPPLY INC 34.09 301338 8/1/2013 : JAMAR TECHNOLOGIES INC 287.90 301339 8/1/2013 FIRESTONE COMPLETE AUTO CARE 432.00 301340 8/1/2013 CENTER POINT INC 123.00 301341 8/1/2013 CARTER ASSOCIATES INC 1,468.80 301342 8/1/2013 GENERAL PART INC 1,988.34 301343 8/1/2013 GOODYEAR AUTO SERVICE CENTER 983.04 301344 8/1/2013 BAKER&TAYLOR INC 2,255.89 301345 8/1/2013 GROVE WELDERS INC 112.85 301346 8/1/2013 MIDWEST TAPE LLC 927.08 301347 8/1/2013 LOWES CO INC 722.81 301348 8/1/2013 : MICROMARKETING LLC 27.98 301349 8/1/2013 K&M ELECTRIC SUPPLY 43.95 301350 8/1/2013 FIRST HOSPITAL LABORATORIES INC 663.00 301351 8/1/2013 : CENGAGE LEARNING CORPORATION 50.39 301352 8/1/2013 SOFTWARE HARDWARE INTEGRATION 25.00 301353 8/1/2013 SUNSHINE SAFETY COUNCIL INC 175.00 301354 8/1/2013 : THYSSENKRUPP ELEVATOR 2,760.00 301355 8/1/2013 : CLERK OF CIRCUIT COURT 576.40 301356 8/1/2013 : INDIAN RIVER COUNTY HEALTH DEPT 340.52 301357 8/1/2013 : INDIAN RIVER COUNTY HEALTH DEPT 940.56 301358 8/1/2013 CITY OF VERO BEACH 65,528.69 301359 8/1/2013 ILLINOIS STATE DISBURSEMENT UNIT 142.32 301360 8/1/2013 CHAPTER 13 TRUSTEE 277.30 301361 8/1/2013 COMPBENEFITS COMPANY 243.70 301362 8/1/2013 COLONIAL LIFE&ACCIDENT INS CO 105.96 301363 8/1/2013 : AMERICAN FAMILY LIFE ASSURANCE CO 14,586.00 301364 8/1/2013 INDIAN RIVER ALL FAB INC 2,015.35 301365 8/1/2013 UNITED PARCEL SERVICE INC 35.86 301366 8/1/2013 PETTY CASH 21.64 301367 8/1/2013 PETTY CASH 132.00 301368 8/1/2013 INDIAN RIVER COUNTY SHERIFF 157.50 301369 8/1/2013 : FLORIDA GOVERNMENT FINANCE 26.00 301370 8/1/2013 B/C B/S OF FL ADM FEE 9,234.01 301371 8/1/2013 : JANITORIAL DEPOT OF AMERICA INC 29.99 301372 8/1/2013 TREASURE COAST HOMELESS SERVICES 15,173.85 301373 8/1/2013 TOTAL TRUCK PARTS INC 54.48 301374 8/1/2013 FLORIDA WATER&POLLUTION CONTROL 30.00 301375 8/1/2013 EXCHANGE CLUB CASTLE 4,095.86 301376 8/1/2013 GEOSYNTEC CONSULTANTS INC 501.61 301377 8/1/2013 DUMONT COMPANY INC 4,323.25 301378 8/1/2013 IRC CHAMBER OF COMMERCE 13,059.31 301379 8/1/2013 WEST PUBLISHING CORPORATION 97.00 301380 8/1/2013 TYLER TECHNOLOGIES INC 3,525.00 301381 8/1/2013 CALLAWAY GOLF SALES COMPANY 171.21 301382 8/1/2013 : FLORIDA POWER AND LIGHT 803.76 301383 8/1/2013 FLORIDA POWER AND LIGHT 6,323.43 301384 8/1/2013 FLORIDA POWER AND LIGHT 35,646.86 301385 8/1/2013 : BLUE CROSS&BLUE SHIELD of FLORIDA 1,600.12 301386 8/1/2013 : GIFFORD YOUTH ACTIVITY CENTER INC 9,148.69 301387 8/1/2013 GAIL E FLINN 210.00 301388 8/1/2013 STATE ATTORNEY 6,893.98 301389 8/1/2013 KENNETH CAMPBELL SENIOR 100.00 301390 8/1/2013 GLOBAL GOLF SALES INC 248.65 301391 8/1/2013 CATHOLIC CHARITIES DIOCESE OF PALM BCH 1,675.92 301392 8/1/2013 KEVIN S HAWKINS 500.00 301393 8/1/2013 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 6,000.00 301394 8/1/2013 HOMELESS FAMILY CENTER INC 1,572.53 3 38 CHECK NBR CK DATE VENDOR AMOUNT 301395 8/1/2013 KIM KOFKE 50.00 301396 8/1/2013 TREASURE COAST SPORTS COMMISSION INC 3,750.00 301397 8/1/2013 : COX GIFFORD SEAWINDS 425.00 301398 8/1/2013 GERALD AYOUNG SR 90.00 301399 8/1/2013 HENRY SMITH 180.00 301400 8/1/2013 RANGE ROAD MINE LLC 3,064.97 301401 8/1/2013 MISDU MICHIGAN STATE 445.75 301402 8/1/2013 COIN CURRENCY&DOCUMENT SYSTEMS 86.25 301403 8/1/2013 G K ENVIRONMENTAL INC 2,130.00 301404 8/1/2013 MUSCO SPORTS LIGHTING LLC 102,206.00 301405 8/1/2013 NEW JERSEY FAMILY SUPPORT CENTER 320.71 301406 8/1/2013 KEEP INDIAN RIVER BEAUTIFUL INC 4,511.88 301407 8/1/2013 COMCAST 11.58 301408 8/1/2013 : IDEA GARDEN ADVERTISING 300.00 301409 8/1/2013 LINDSEY MATHENY 120.00 301410 8/1/2013 NABORS GIBLIN&NICKERSON PA 125.00 301411 8/1/2013 C&C ELECTRIC WORKS INC 4,716.00 301412 8/1/2013 CHRISTOPHER KAFER 4.65 301413 8/1/2013 : ATLANTIC AUTO TRIM&GLASS INC 1,574.00 301414 8/1/2013 HOMETOWN NEWS 305.00 301415 8/1/2013 CMC GOLF INC 730.36 301416 8/1/2013 RUSSELL PAYNE INC 90.00 301417 8/1/2013 POTTERS INDUSTRIES LLC 2,760.00 301418 8/1/2013 ALLSTATE 668.84 301419 8/1/2013 : JEAN PETERS 160.00 301420 8/1/2013 BOYLE&DRAKE,INC 2,750.00 301421 8/1/2013 FLORIDA DEPT OF JUVENILE JUSTICE 6,671.36 301422 8/1/2013 JOSEPH W VASQUEZ 174.00 301423 8/1/2013 BIG BROTHERS AND BIG SISTERS 1,250.00 301424 8/1/2013 SNL INC 599.46 301425 8/1/2013 RANDOM HOUSE INC 137.25 301426 8/1/2013 SHERWIN WILLIAMS CO 13,400.00 301427 8/1/2013 PARGAS 700.00 301428 8/1/2013 CHRISTINE KELLY-BEGAZO 250.00 301429 8/1/2013 FLORIDA DETROIT DIESEL-ALLISON 2,140.50 301430 8/1/2013 ANIXTER INC 968.00 301431 8/1/2013 MCMAHON ASSOCIATES INC 12,015.00 301432 8/1/2013 DICKERSON FLORIDA INC 810,676.51 301433 8/1/2013 GLOVER OIL COMPANY INC 17,453.85 301434 8/1/2013 ADMIN FOR CHILD SUPPORT ENFORCEMENT 203.51 301435 8/1/2013 ADMIN FOR CHILD SUPPORT ENFORCEMENT 206.27 301436 8/1/2013 ADMIN FOR CHILD SUPPORT ENFORCEMENT 115.09 301437 8/1/2013 LARRY STEPHENS 108.00 301438 8/1/2013 JOHN DEERE LANDSCAPE 281.97 301439 8/1/2013 JOSE RIVERA 60.00 301440 8/1/2013 1ST FIRE&SECURITY INC 9,756.50 301441 8/1/2013 KELLY J TURNER JR 100.00 301442 8/1/2013 : CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 147.56 301443 8/1/2013 KENNY CAMPBELL JR 120.00 301444 8/1/2013 ANDY SOBCZAK 98.79 301445 8/1/2013 MARY COLLIS 150.00 301446 8/1/2013 JOHNNY B SMITH 162.00 301447 8/1/2013 DANE MACDONALD 108.00 301448 8/1/2013 CHARLES A WALKER 40.00 301449 8/1/2013 FISHER&PHILLIPS LLP 300.00 301450 8/1/2013 SCHLITT INSURANCE SERVICES INC 14,390.00 301451 8/1/2013 SHAWN DOUTRICH 125.00 301452 8/1/2013 JIMMIE&TANDY HILL SR 200.00 301453 8/1/2013 : DANIEL IOFFREDO 60.00 301454 8/1/2013 CLAYTON WORDEN 270.42 4 39 CHECK NBR CK DATE VENDOR AMOUNT 301455 8/1/2013 : BENNETTAUTO SUPPLY INC 418.11 301456 8/1/2013 : TREASURE COAST FOOD BANK INC 265.49 301457 8/1/2013 STANDARD LIFE INSURANCE 704.00 301458 8/1/2013 YOUTH GUIDANCE DONATION FUND 5,400.00 301459 8/1/2013 MICHAEL WILLIAMS 50.00 301460 8/1/2013 : WILLIAM BOLTON 80.00 301461 8/1/2013 HOLLIS HOIER 80.00 301462 8/1/2013 COUNTY NEWS INC 569.98 301463 8/1/2013 SANDYARACENA 100.00 301464 8/1/2013 : VERA SMITH 90.00 301465 8/1/2013 GARRETT SMITH 126.00 301466 8/1/2013 ALMM LLC 1,150.00 301467 8/1/2013 : KELLY COLLINS&GENTRY INC 2,092.50 301468 8/1/2013 : CORPORATE CARE WORKS 305.25 301469 8/1/2013 WITTENBACH BUSINESS SYSTEMS INC 318.50 301470 8/1/2013 : ATLANTIC COASTAL LAND TITLE CO LLC 525.00 301471 8/1/2013 RADWELL INTERNATIONAL INC 187.00 301472 8/1/2013 STEVENAABBOND 60.00 301473 8/1/2013 D R HORTON INC 180.00 301474 8/1/2013 : YOUR AQUA INSTRUCTOR LLC 200.00 301475 8/1/2013 FLORIDA COMBINED 7,765.91 301476 8/1/2013 : FLORIDACOMBINED 13,129.68 301477 8/1/2013 : AG SCAPE SERVICES INC 3,345.45 301478 8/1/2013 : FLORIDA ENVIRONMENTAL CONSULTING INC 2,833.33 301479 8/1/2013 RAYMOND J DUCHEMIN 100.00 301480 8/1/2013 XYLEM WATER SOLUTION USA INC 224.00 301481 8/1/2013 AHEAD LLC 136.54 301482 8/1/2013 COURTNEY GORMLEY 100.00 301483 8/1/2013 HEATHER HATTON 80.00 301484 8/1/2013 GFA INTERNATIONAL INC 355.00 301485 8/1/2013 BITS N PIECES PUPPET THEATER 360.00 301486 8/1/2013 PATRICK ANTHONY TECHNOLOGIES 5,695.00 301487 8/1/2013 LASHANDA STINSON 50.00 301488 8/1/2013 MY LICENSED ROOFER LLC 42,950.00 301489 8/1/2013 YP LLC 142.30 301490 8/1/2013 : HIGHMARK STOP LOSS 3,059.90 301491 8/1/2013 PAUL JACQUIN&SONS INC 71,865.40 301492 8/1/2013 MILLIKEN FORESTRY COMPANY INC 900.00 301493 8/1/2013 ALTERATIONS BLESSED 102.00 301494 8/1/2013 : TAW ORLANDO SERVICE CENTER INC 5,763.49 301495 8/1/2013 REPROGRAPHIC SOLUTIONS INC 948.96 301496 8/1/2013 LABOR READY SOUTHEAST INC 17,322.70 301497 8/1/2013 CARDINAL HEALTH 110 INC 874.69 301498 8/1/2013 KELLIE P KIELBASA 140.00 301499 8/1/2013 EMILY K DIMATTEO 130.00 301500 8/1/2013 BADGER METER INC 274.29 301501 8/1/2013 ADAMS FENCE 2 LLC 11,342.00 301502 8/1/2013 ALEX MIKLO 148.00 301503 8/1/2013 FLORIDA OUTDOORS RV CENTER 200.00 301504 8/1/2013 JARRED GRAVELLE 60.00 301505 8/1/2013 MITCHELL GODWIN 72.00 301506 8/1/2013 COPYSCAN INC 410.00 301507 8/1/2013 LINDA GUST 500.00 301508 8/1/2013 FORMAT LLC 697.04 301509 8/1/2013 RAYANOELIA 229.21 301510 8/1/2013 ANNA PEASE 50.00 301511 8/1/2013 VALERIE JONES 50.00 301512 8/1/2013 MARIA DOUGLAS 50.00 301513 8/1/2013 CORAL CHESNUTT 50.00 301514 8/1/2013 DANIEL CARRILLO 13.27 5 40 CHECK NBR CK DATE VENDOR AMOUNT Grand Total: 2,030,771.53 6 41 ELECTRONIC PAYMENT - VISA CARD TRANS.NBR DATE VENDOR AMOUNT 1002070 7/24/2013 REPUBLIC SERVICES OF FLORIDA 86,674.77 1002071 7/24/2013 REPUBLIC SERVICES OF FLORIDA 119,527.45 1002072 7/24/2013 EVERGLADES FARM EQUIPMENT CO INC 385.56 1002073 7/24/2013 COMMUNICATIONS INTERNATIONAL 118.50 1002074 7/24/2013 REPUBLIC SERVICES OF FLORIDA 86,674.78 1002075 7/24/2013 ST LUCIE BATTERY&TIRE CO 230.00 1002076 7/24/2013 SOUTHERN COMPUTER WAREHOUSE 1,845.52 1002077 7/24/2013 COMMUNITY ASPHALT CORP 345.31 1002078 7/24/2013 GREAT SOUTHERN CONSTRUCTION 96.09 1002079 7/24/2013 SOUTHERN JANITOR SUPPLY INC 868.02 1002080 7/24/2013 S&S AUTO PARTS 154.59 1002081 7/24/2013 HYDRA SERVICE(S)INC 4,118.08 1002082 7/24/2013 REPUBLIC SERVICES OF FLORIDA 119,527.47 1002083 7/24/2013 ST LUCIE BATTERY&TIRE CO 158.00 1002084 7/24/2013 PIONEER MANUFACTURING 840.00 1002085 7/24/2013 APPLE INDUSTRIAL SUPPLY CO 276.14 1002086 7/24/2013 ALLIED UNIVERSAL CORP 8,455.70 1002087 7/24/2013 ARAMARK UNIFORM&CAREER APPAREL LLC 322.94 1002088 7/24/2013 FERGUSON ENTERPRISES INC 1,538.63 1002089 7/24/2013 SCRIPPS TREASURE COAST PUBLISHING LLC 587.10 1002090 7/24/2013 CAPITAL OFFICE PRODUCTS 1,296.61 1002091 7/24/2013 EAST COAST ANIMAL MEDICAL CENTER 28.00 1002092 7/25/2013 AT&T 11,833.04 1002093 7/25/2013 OFFICE DEPOT BSD CUSTOMER SVC 1,092.85 1002094 7/30/2013 EVERGLADES FARM EQUIPMENT CO INC 1,458.49 1002095 7/30/2013 SAFETY PRODUCTS INC 2,611.73 1002096 7/30/2013 LIGHTSOURCE IMAGING SOLUTIONS LLC 51.54 1002097 7/30/2013 INDIAN RIVER BATTERY 199.00 1002098 7/30/2013 RING POWER CORPORATION 2,560.00 1002099 7/30/2013 VERO LAWNMOWER CENTER INC 46.99 1002100 7/30/2013 DAVIDSON TITLES INC 701.14 1002101 7/30/2013 MIKES GARAGE&WRECKER SERVICE INC 55.00 1002102 7/30/2013 MEEKS PLUMBING INC 563.00 1002103 7/30/2013 ABCO GARAGE DOOR CO INC 145.75 1002104 7/30/2013 ALLIED UNIVERSAL CORP 2,836.35 1002105 7/30/2013 HOMELAND IRRIGATION 40.95 1002106 7/30/2013 RECORDED BOOKS LLC 272.20 1002107 7/30/2013 ARAMARK UNIFORM&CAREER APPAREL LLC 488.77 1002108 7/30/2013 DEERE&COMPANY 1,469.63 1002109 7/30/2013 COMMUNITY ASPHALT CORP 520.75 1002110 7/30/2013 FERGUSON ENTERPRISES INC 1,338.75 1002111 7/30/2013 COMO OIL COMPANY OF FLORIDA 47.01 1002112 7/30/2013 SHRIEVE CHEMICAL CO 4,253.22 1002113 7/30/2013 RECHTIEN INTERNATIONAL TRUCKS 606.63 1002114 7/30/2013 L&L DISTRIBUTORS 24.00 1002115 7/30/2013 S&S AUTO PARTS 157.04 1002116 7/30/2013 HYDRA SERVICE(S)INC 13,070.00 1002124 7/31/2013 EVERGLADES FARM EQUIPMENT CO INC 85.46 1002125 7/31/2013 THE EXPEDITER 62.99 1002126 7/31/2013 ARAMARK UNIFORM&CAREER APPAREL LLC 41.32 1002127 7/31/2013 CAPITAL OFFICE PRODUCTS 342.55 1002128 7/31/2013 S&S AUTO PARTS 57.48 1002129 7/31/2013 BERMUDA SANDS APPAREL LLC 760.42 1002130 7/31/2013 CM&S INDUSTRIES INC 875.00 1002131 7/31/2013 AT&T 3,802.12 1002132 7/31/2013 OFFICE DEPOT BSD CUSTOMER SVC 1,467.48 Caw Grand Total: 488,007.91 1 42 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 2527 7/25/2013 NATIONALLINK 56,657.20 2528 7/26/2013 KIMLEY HORN&ASSOC INC 4,796.00 2529 7/29/2013 I R C HEALTH INSURANCE-TRUST 47,927.40 2530 7/30/2013 ATLANTIC COASTAL LAND TITLE CO LLC 107,526.20 2531 7/31/2013 CLERK OF CIRCUIT COURT 74,969.41 2532 7/31/2013 INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS 70,142.59 2533 7/31/2013 INDIAN RIVER COUNTY SHERIFF 2,964,036.48 2534 8/1/2013 : AGENCY FOR HEALTH CARE ADMIN 13,173.89 Grand Total: 3,339,229.17 1 43 4���CO G� JEFFREY R. SMITH Clerk of Circuit Court and Comptroller 1801 27TH Street �ZoRto� Vero Beach, Florida 32961 -1028 Telephone (772) 226-1945 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS DATE: August 8, 2013 SUBJECT: APPROVAL OF WARRANTS August 2, 2013 to August 8, 2013 FROM: DIANE BERNARDO - FINANCE DIRECTOR In compliance with Chapter 136.06, Florida Statutes, all warrants (checks and electronic payments) issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached list of warrants, issued by the Comptroller's office, for the (W time period of August 2, 2013 to August 8, 2013. Attachment: DB: MS 44 CHECKS WRITTEN CHECK NBR CK DATE VENDOR AMOUNT 301515 8/8/2013 PORT CONSOLIDATED INC 56,006.91 301516 8/8/2013 STURGIS LUMBER&PLYWOOD CO 38.45 301517 8/8/2013 FLORIDA DETROIT DIESEL ALLISON 88.10 301518 8/8/2013 JORDAN MOWER INC 682.73 301519 8/8/2013 ROBINSON EQUIPMENT COMPANY INC 84.80 301520 8/8/2013 RANGER CONSTRUCTION IND INC 115.50 301521 8/8/2013 VERO CHEMICAL DISTRIBUTORS INC 360.72 301522 8/8/2013 COPYCOINC 443.66 301523 8/8/2013 RICOH USA INC 23.64 301524 8/8/2013 CHISHOLM CORP OF VERO 5,270.20 301525 8/8/2013 AT&T WIRELESS 1,330.85 301526 8/8/2013 DATA FLOW SYSTEMS INC 643.65 301527 8/8/2013 PARALEE COMPANY INC 400.00 301528 8/8/2013 COLD AIR DISTRIBUTORS WAREHOUSE 106.90 301529 8/8/2013 KELLY TRACTOR CO 1,534.88 301530 8/8/2013 GENES AUTO GLASS INC 80.00 301531 8/8/2013 MY RECEPTIONIST INC 293.60 301532 8/8/2013 AMERIGAS EAGLE PROPANE LP 83.06 301533 8/8/2013 DAILY COURIER SERVICE 1,403.00 301534 8/8/2013 HACH CO 572.13 301535 8/8/2013 PHYSIO CONTROL INC 4,045.38 301536 8/8/2013 SLP INVESTMENTS INC 20.00 301537 8/8/2013 RELIABLE SEPTIC AND SERVICE 45.00 301538 8/8/2013 HD SUPPLY WATERWORKS,LTD 7,327.50 301539 8/8/2013 BOUND TREE MEDICAL 2,212.18 301540 8/8/2013 EGP INC 139.41 301541 8/8/2013 VERO INDUSTRIAL SUPPLY INC 2,732.91 301542 8/8/2013 BRODART COMPANY 115.00 301543 8/8/2013 BILLS TV SERVICE CENTER INC 515.00 301544 8/8/2013 PROFORMA IMAGING 220.43 301545 8/8/2013 EXPRESS REEL GRINDING INC 576.00 301546 8/8/2013 TIRESOLES OF BROWARD INC 425.90 301547 8/8/2013 MORNING STAR PERSONILIZED APPAREL INC 530.00 301548 8/8/2013 BARTH CONSTRUCTION INC 168,473.80 301549 8/8/2013 R&G SOD FARMS 120.00 301550 8/8/2013 XEROX CORP SUPPLIES 32.13 301551 8/8/2013 GENERAL PART INC 1,983.95 301552 8/8/2013 BLAKESLEE SERVICES INC 710.00 301553 8/8/2013 BAKER&TAYLOR INC 3,233.18 301554 8/8/2013 GROVE WELDERS INC 135.42 301555 8/8/2013 MIDWEST TAPE LLC 434.75 301556 8/8/2013 LOWES CO INC 2,231.24 301557 8/8/2013 PRECISION CONTRACTING SERVICES INC 2,625.00 301558 8/8/2013 MICROMARKETING LLC 173.97 301559 8/8/2013 K&M ELECTRIC SUPPLY 45.63 301560 8/8/2013 INDIAN RIVER COUNTY HEALTH DEPT 471.44 301561 8/8/2013 CITY OF VERO BEACH 21,786.46 301562 8/8/2013 UNITED PARCEL SERVICE INC 16.11 301563 8/8/2013 TREASURE COAST REGIONAL PLANNING 6,500.00 301564 8/8/2013 JANITORIAL DEPOT OF AMERICA INC 3,290.77 301565 8/8/2013 TREASURE COAST HOMELESS SERVICES 2,625.00 301566 8/8/2013 WAL MART STORES EAST LP 147.08 301567 8/8/2013 ROGER CLEVELAND GOLF INC 779.28 301568 8/8/2013 IRC CHAMBER OF COMMERCE 6,023.32 301569 8/8/2013 FEDERAL EXPRESS 16.88 301570 8/8/2013 FEDERAL EXPRESS 30.52 301571 8/8/2013 MUNICIPAL CODE CORPORATION 922.36 301572 8/8/2013 DUNKELBERGER ENGINEERING&TESTING 8,113.00 1 45 CHECK NBR CK DATE VENDOR AMOUNT 301573 8/8/2013 TYLER TECHNOLOGIES INC 1,250.00 301574 8/8/2013 CALLAWAY GOLF SALES COMPANY 369.65 301575 8/8/2013 FLORIDA RECREATION&PARK ASSOC INC 285.00 (W 301576 8/8/2013 FLORIDA POWER AND LIGHT 7,944.23 301577 8/8/2013 FLORIDA POWER AND LIGHT 1,908.88 301578 8/8/2013 FLORIDA POWER AND LIGHT 9,577.08 301579 8/8/2013 TAYLOR MADE GOLF CO INC 221.98 301580 8/8/2013 CITY OF FELLSMERE 188.19 301581 8/8/2013 PEACE RIVER ELECTRIC COOP INC 369.00 301582 8/8/2013 KENNETH CAMPBELL SENIOR 120.00 301583 8/8/2013 COLORADO TIME SYSTEMS 1,900.00 301584 8/8/2013 US KIDS GOLF LLC 32.91 301585 8/8/2013 GLOBAL GOLF SALES INC 238.99 301586 8/8/2013 JOSEPH A BAIRD 223.00 301587 8/8/2013 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 100.00 301588 8/8/2013 TREASURE COAST SPORTS COMMISSION INC 9,947.29 301589 8/8/2013 GAYLORD PALMS RESORT&CONVENTION 836.00 301590 8/8/2013 COX GIFFORD SEAWINDS 425.00 301591 8/8/2013 BUILDING OFFICIALS ASSOC OF FLORIDA 792.00 301592 8/8/2013 GERALD A YOUNG SR 90.00 301593 8/8/2013 HENRY SMITH 36.00 301594 8/8/2013 RANGE ROAD MINE LLC 1,014.39 301595 8/8f2013 NAEMT 135.00 301596 8/8/2013 FIRST AMENDMENT FOUNDATION 14.24 301597 8/8/2013 MUSCO SPORTS LIGHTING LLC 800.00 301598 8/8/2013 COMCAST 69.95 301599 8/8/2013 COMCAST 99.80 301600 8/8/2013 ADVANCED XEROGRAPHICS IMAGING 4,693.41 301601 8/8/2013 ADVANCED XEROGRAPHICS IMAGING 32,000.00 301602 8/8/2013 LINDSEY MATHENY 160.00 301603 8/8/2013 RUSSELL PAYNE INC 581.70 301604 8/8/2013 CELICO PARTNERSHIP 120.03 301605 8/8/2013 JEAN PETERS 120.00 301606 8/8/2013 CINTAS CORPORATION NO 2 318.08 301607 8/8/2013 VAN WAL INC 81.00 301608 8/8/2013 JOSEPH W VASQUEZ 36.00 301609 8/8/2013 COMPLETE CLEANING SERVICE 1,500.00 301610 8/8/2013 ALAN HILL 55.25 301611 8/8/2013 PRO CHEM INC 180.46 301612 8/8/2013 CENTRAL PUMP&SUPPLY INC 225.62 301613 8/8/2013 MCMAHON ASSOCIATES INC 1,820.00 301614 8/8/2013 STANLEY CONSULTANTS INC 20,782.56 301615 8/8/2013 LARRY STEPHEN FAISON 40.00 301616 8/8/2013 LARRY STEPHENS 108.00 301617 8/8/2013 JOSE RIVERA 80.00 301618 8/8/2013 DEW BUSTERS INC 1,467.25 301619 8/8/2013 STEPHANIE JO OSBORN 50.00 301620 8/8/2013 ORCHID ISLAND PROPERTY MGMT II INC 2,069.59 301621 8/8/2013 KELLY J TURNER JR 60.00 301622 8/8/2013 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 391.85 301623 8/8/2013 KENNY CAMPBELL JR 100.00 301624 8/8/2013 MARY COLLIS 100.00 301625 8/8/2013 JOHNNY B SMITH 90.00 301626 8/8/2013 MUNICIPAL WATER WORKS INC 622.80 301627 8/8/2013 DANE MACDONALD 108.00 301628 8/8/2013 GLOBALSTAR USA 95.30 301629 8/8/2013 CHARLES A WALKER 120.00 301630 8/8/2013 CEMEX 608.00 301631 8/8/2013 BENNETT AUTO SUPPLY INC 60.32 301632 8/8/2013 JENNIFER GELLNER 50.00 2 46 CHECK NBR CK DATE VENDOR AMOUNT 301633 8/8/2013 K'S COMMERCIAL CLEANING 2,310.00 301634 8/8/2013 DAVID L HANCOCK 731.00 301635 8/8/2013 WILLIAM BOLTON 80.00 301636 8/8/2013 THE SPIVEY GROUP INC 6,831.25 301637 8/8/2013 FOXCROFT EQUIPMENT AND SERVICE COMPANT LLC 253.16 301638 8/8/2013 SANDY ARACENA 60.00 301639 8/8/2013 VERA SMITH 36.00 301640 8/8/2013 GARRETT SMITH 162.00 301641 8/8/2013 LYON FINANCIAL SERVICES INV 271.70 301642 8/8/2013 KEMPER BUSINESS SYSTEMS 9.17 301643 8/8/2013 GUETTLER BROTHERS CONSTRUCTION LLC 113,095.57 301644 8/8/2013 BOULEVARD TIRE CENTER 2,627.52 301645 8/8/2013 D R HORTON INC 368.89 301646 8/8/2013 TC XPERIENCE GUIDE 79.00 301647 8/8/2013 MURPHY&WALKER P L 10,811.41 301648 8/8/2013 SAFETY SCHELL CORPORATION 113.25 301649 8/8/2013 DELRAY MOTORS 17.49 301650 8/8/2013 OVERDRIVE INC 775.49 301651 8/8/2013 RAYMOND J DUCHEMIN 160.00 301652 8/8/2013 SARA L MATHEWS 381.00 301653 8/8/2013 AHEAD LLC 1,969.48 301654 8/8/2013 COURTNEY GORMLEY 100.00 301655 8/8/2013 HEATHER HATTON 40.00 301656 8/8/2013 MOORE MOTORS 46.10 301657 8/8/2013 MOORE MOTORS 580.48 301658 8/8/2013 DPN USA LLC 29,342.00 301659 8/8/2013 YP LLC 159.00 301660 8/8/2013 JOSHUA GHIZ 1,208.99 301661 8/8/2013 NEWSOM OIL COMPANY 527.08 301662 8/8/2013 WILD TURKEY ESTATES OF VERO LLC 2,104.75 301663 8/8/2013 RELECTRIC SUPPLY CO LLC 700.00 301664 8/8/2013 REPROGRAPHIC SOLUTIONS INC 23.76 301665 8/8/2013 BRYAN KLASSEN 225.00 301666 8/8/2013 LABOR READY SOUTHEAST INC 18,753.24 301667 8/8/2013 MACK INDUSTRIES INC 1,094.00 301668 8/8/2013 CARDINAL HEALTH 110 INC 167.76 301669 8/8/2013 KELLIE P KIELBASA 80.00 301670 8/8/2013 EMILY K DIMATTEO 200.00 301671 8/8/2013 ALEX MIKLO 54.00 301672 8/8/2013 AGN SPORTS LLC 150.00 301673 8/8/2013 MITCHELL GODWIN 162.00 301674 8/8/2013 TRV ADVERTISTING&MARKETING INC 802.00 301675 8/8/2013 SS GRAPHICS INC 417.22 301676 8/8/2013 APRIL HOLTON 50.00 301677 8/8/2013 HARRIS CUSTOMER SYSTEMS 1,750.00 Grand Total: 627,153.34 3 47 ELECTRONIC PAYMENT - VISA CARD TRANS.NBR DATE VENDOR AMOUNT (W 1002133 8/2/2013 SAFETY PRODUCTS INC 3,133.05 1002134 8/2/2013 INDIAN RIVER BATTERY 199.00 1002135 8/2/2013 INDIAN RIVER OXYGEN INC 3,354.70 1002136 8/2/2013 SEBASTIAN OFFICE SUPPLY CO 7.19 1002137 8/2/2013 ALLIANCE BUS GROUP INC 355.43 1002138 8/2/2013 L&L DISTRIBUTORS 193.80 1002139 8/2/2013 S&S AUTO PARTS 11.32 1002140 8/5/2013 VERO LAWNMOWER CENTER INC 68.70 1002141 8/5/2013 SOUTHERN COMPUTER WAREHOUSE 8,680.53 1002142 8/6/2013 EVERGLADES FARM EQUIPMENT CO INC 1,015.21 1002143 8/6/2013 COMMUNICATIONS INTERNATIONAL 104.00 1002144 8/6/2013 INDIAN RIVER BATTERY 634.60 1002145 8/6/2013 MIKES GARAGE&WRECKER SERVICE INC 105.00 1002146 8/6/2013 DAVES SPORTING GOODS&TROPHIES 3,843.05 1002147 8/6/2013 APPLE INDUSTRIAL SUPPLY CO 110.24 1002148 8/6/2013 HILL MANUFACTURING CO INC 1,044.00 1002149 8/6/2013 ARAMARK UNIFORM&CAREER APPAREL LLC 721.54 1002150 8/6/2013 JOHNSON CONTROLS INC 636.50 1002151 8/6/2013 41MPRINT INC 543.82 1002152 8/6/2013 COMMUNITY ASPHALT CORP 95.27 1002153 8/6/2013 COMO OIL COMPANY OF FLORIDA 149.51 1002154 8/6/2013 FLAGLER CONSTRUCTION EQUIPMENT LLC 209.13 1002155 8/6/2013 CAPITAL OFFICE PRODUCTS 224.60 1002156 8/6/2013 HARCROS CHEMICALS, INC. 3,378.50 1002157 8/6/2013 L&L DISTRIBUTORS 409.92 1002158 8/6/2013 S&S AUTO PARTS 332.81 1002159 8/6/2013 EAST COAST ANIMAL MEDICAL CENTER 56.00 1002160 8/6/2013 HYDRA SERVICE(S)INC 222.64 1002161 8/7/2013 PRAXAIR DISTRIBUTION SOUTHEAST LLC 29.67 1002162 8/7/2013 VERO LAWNMOWER CENTER INC 532.03 1002163 8/7/2013 SCRIPPS TREASURE COAST PUBLISHING LLC 2,124.67 1002164 8/7/2013 STAT MEDICAL DISPOSAL INC 190.00 1002165 8/7/2013 HYDRA SERVICE(S)INC 1,987.90 1002166 8/7/2013 HORIZON DISTRIBUTORS INC 30.64 1002167 8/7/2013 AT&T 14.09 1002168 8/7/2013 OFFICE DEPOT BSD CUSTOMER SVC 616.59 1002169 8/7/2013 WASTE MANAGEMENT INC 2,869.58 Grand Total: 38,235.23 1 48 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 2535 8/2/2013 KIMLEY HORN&ASSOC INC 2,494.00 2536 8/2/2013 ICMA RET CORP 1,910.00 2537 8/2/2013 IRC FIRE FIGHTERS ASSOC 6,270.00 2538 8/2/2013 NACO/SOUTHEAST 21,991.75 2539 8/2/2013 FL SDU 6,770.41 2540 8/2/2013 ICMA RETIREMENT CORPORATION 11,548.76 2541 8/2/2013 FLORIDA LEAGUE OF CITIES,INC 5,172.39 2542 8/2/2013 NATIONWIDE SOLUTIONS RETIREMENT 315.98 2543 8/5/2013 IRS-PAYROLL TAXES 348,686.87 2544 8/6/2013 SENIOR RESOURCE ASSOCIATION 216,021.48 2545 8/7/2013 FL RETIREMENT SYSTEM 401,292.43 2546 8/7/2013 BANK OF NEW YORK 350.00 2547 8/7/2013 BENEFITS WORKSHOP 4,306.98 Grand Total: 1,027,131.05 1 49 JEFFREY R. SMITH 4' ,. Clerk of Circuit Court and Comptroller * <. Finance Department �ORIpA 1801 27th Street, Building A Vero Beach, Florida 32960 Telephone (772) 226-1945 TO: Board of County Commissioners FROM: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller� 07— And Diane Bernardo, Finance Director DATE: July 26, 2013 SUBJECT: Dori Slosberg Driver Education Safety Act Indian River County Traffic Education Program Trust Fund BACKGROUND On August 20, 2002, the Board of County Commissioners adopted Ordinance Number 2002-026 (W creating the Indian River County Traffic Education Program Trust Fund (our fund 137). This ordinance authorized a $3 traffic ticket surcharge, which is collected by the Clerk of the Circuit Court. On September 19, 2006,the Board adopted Ordinance 2006-035 to repeal this fine. Attached to this memo is a report of the revenues and expenditures from the inception of the $3 fee (October 1, 2002) through June 30, 2013. The Board currently carries a balance of$24,160 which is available to area schools. The Clerk's office will continue to provide a quarterly report of the traffic education trust activity until all of the funds have been spent. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the attached report. Indian River County Approved Date Administrator $ County Attorne Budget g 1 Department Risk Management F:\dbernardo\Traffic Fund Bd Agenda.doc 50 r r Indian River County,Florida Statement of Revenues,Expenditures and Changes in Fund Balances Traffic Education Program FY 03 FY 04 FY 05 FY 06 FY 07 FY 08 FY 09 FY 10 FYI FY12 YTD FY13 Inception 10/01/2002- 10/01/2003- 10/01/2004- 10/01/2005- 10/01/2006- 10/01/2007- 10/01/2008- 10/01/2009- 10/01/2010- 10/01/2011- 10/01/2012- to Date 9/30/2003 9/30/2004 9/30/2005 9/30/2006 9130/2007 9/30/2008 9/30/2009 9/30/2010 9/30/2011 9/30/2012 6/30/2013 Totals REVENUES Fines and forfeitures $ 42,563 $ 42,225 $ 41,794 $ 48,372 $ 9,537 $ 1,575 $ 744 $ 525 $ 384 $ 213 $ 33 Interest 222 686 2,130 5,797 8,426 4,999 2,989 753 240 104 34 Total Revenues 42,785 42,911 43,924 54,169 17,963 6,574 3,733 1,278 624 317 67 214,345 EXPENDITURES Public Safety - - 25,188 44,373 36,210 29,962 35,317 7,565 8,900 2,670 Total Expenditures - - - 25,188 44,373 36,210 29,962 35,317 7,565 8,900 2,670 190,185 Net change in fund balances 42,785 42,911 43,924 28,981 (26,410) (29,636) (26,229) (34,039) (6,941) (8,583) (2,603) Fund balances at beginning of year 42,785 85,696 129,620 158,601 132,191 102,555 76,326 42,287 35,346 26,763 Fund balances at end of year 42,785 85,696 129,620 158,601 132,191 102,555 76,326 42,287 35,346 26,763 24,160 24,160 School District of Indian River County $ 114,535 St Edwards School $ 75,650 Total Disbursed to Date $ 190,185 JEFFREY R. SMITH (W Clerk of Circuit Court and Comptroller 1801 27th Street, Building A Vero Beach, Florida 32960 Telephone (772) 226-1205 TO: Board of County Commissioners FROM: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller �—jo Andes�� Diane L. Bernardo, Finance Director (� U) DATE: July 26,2013 SUBJECT: Quarterly Summary Report for Assessment of Additional Court Costs for Quarter Ending 06/30/13 (W BACKGROUND The 318.18 (13) Florida Statutes Assessment of Additional Court Costs Quarterly Summary is required to be submitted to the County's Board of County Commissioners. This report shows the revenues and expenditures associated with the F.S. 318.18 (13) surcharge. This statute pertains to a$15 court facility fee assessed on all traffic tickets. The courthouse collects these fees and submits to Finance (on behalf of the Board) on a monthly basis. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the attached report. Indian River County AppjQved Date Administrator (W County Attorne Budget g De ailment Risk Management 52 M 318.18 (13) Florida Statutes LA Assessment of Additional Court Costs Quarterly Summary County Indian River Contact Name Edward Halsey Quarter Ending/Year Jun-13 Telephone (772)226-1206 Report Version Ver 2 Email Address ehalsey@clerk.indian-river.org REVENUE-318.18(13)(a)1. Total Revenue Collected 1 $49,222.61 EXPENDITURES-318.18(13)(a) 1. Court Facilities Local Law Libraries Description* Amount Description* Amount State Attorney $10,226.08 Law Library -25% $12,305.65 Public Defender $612.36 $0.00 Guardian Ad Litem $23,406.50 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total $34,244.94 Total (Max 25%) $12,305.65 Quarter Expenditure Total(a) 1. $46,550.59 *If possible,please provide a general description of the type of expenditures. If additional lines as needed,please contact CCOC staff at(850)386-2223. 1of3 318.18(13) Florida Statutes Assessment of Additional Court Costs Quarterly Summary County Indian River Contact Name Edward Halsey Quarter Ending/Year Jun-13 Telephone (772)226-1206 Report Version Ver 2 Email Address ehalsey@clerk.indian-river.org REVENUE-318.18(13) (a)2. Total Revenue Collected I $49,222.61 EXPENDITURES-318.18(13) (a)2. EXPENDITURES-318.18(13)(a)2. Principal &Interest on Bonds Surplus Revenues Description* Principal Interest Description(Debt on Bond/Court Facility/Law Library)* Amount $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total $0.001 $0.00 Total $0.00 Quarter Expenditure Total(a)2. $0.00 *If possible,please provide a general description of the type of expenditures. If additional lines as needed,please contact CCOC staff at(850)386-2223. e2of3 LO 318.18(13) Florida Statutes Assessment of Additional Court Costs Quarterly Summary County Indian River Contact Name Edward Halsey Quarter Ending/Year Jun-13 Telephone (772)226-1206 Report Version Ver 2 Email Address ehalsey@clerk.indian-river.org REVENUE-318.18(13)(a)3. Total Revenue Collected 1 $49,222.61 EXPENDITURES-318.18(13)(a)3. EXPENDITURES-318.18(13)(a)3. Principal&Interest on Bonds Surplus Revenues Description* Principal Interest Description(Debt on Bond/Court Facility/Law Library)* Amount $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total $0.001 $0.00 Total $0.00 Quarter Expenditure Total(a)3. $0.00 *If possible,please provide a general description of the type of expenditures. If additional lines as needed,please contact CCOC staff at(850)386-2223. page 3 of 3 JEFFREY R. SMITH (W Clerk of Circuit Court and Comptroller Finance Department �py. 1801 27th Street, Building A Vero Beach, Florida 32960 Telephone (772) 226-1945 TO: Board of County Commissioners (acting as Board of Trustees of OPEB Trust) FROM: Jeffrey R. Smith, Clerk of the Circuit Court and Comptrolle And Diane Bernardo, Finance Director DATE: July 26,2013 SUBJECT: (quarterly OPEB Trust Report for Quarter Ending 06/30/13 Attached please find a summary report consisting of the composition and investment return of the OPEB Trust for the third quarter of this fiscal year. These funds are held in trust by our custodian BNY/Mellon. This report was reviewed by our investment advisory committee on July 25, 2013. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the attached Quarterly OPEB Trust Report. Indian River County ADprQved Date Administrator County Attorne Bud et Department Ria— Risk Mana ement 56 Indian River County Other Post Employment Benefits Trust j Nine Months Ended June 30, 2013 06/30/2013 Current Target Description Value Allocation SHORT TERM PORTION 100%cash equivalents Fidelity Treasury Money Market $ 1,302,975 100.0% Short-Term Portion Total $ 1,302,975 100.0% 50%Equities Vanguard 500 Index $ 2,430,585 22.5% FTSE All-World $ 2,131,349 19.8% Vanguard Mid Cap Index $ 576,474 5.3% Vanguard Small Cap Index $ 289,785 2.7% 50%Equities Subtotal $ 5,428,193 50.3% 40%Fixed Debt Securities Vanguard Short Term Treasury $ 3,216,542 29.8% Vanguard Intermediate Treasury $ 1,072,557 9.9% 40%Fixed Debt Securities Subtotal $ 4,289,099 39.7% 10%Cash Equivalents Vanguard Prime Money Market $ 868,579 8.0% Vanguard Federal Money Market $ 205,581 1.9% 10%Cash Equivalents Subtotal $ 1,074,160 10.0% Long-Term Portion Total $10,791,452 100.0% Portfolio Total $12,094,427 (A) 100.0% (A)June 30,2013 values agreed to the Bank of New York statement. Benchmark Performance Grouping Return Benchmark Timeframe Short-Term Portion 0.01% 0.00% 9 months Long-Term Portion: Total-50%Equities(Blended) 11.21% 11.25% 9 months Total-40%Fixed Debt Securities(Blended) -1.02% -1.26% 9 months Total- 10%Cash Equivalents(Blended) 0.01% 0.00% 9 months Total Long-Term(Blended) 5.09% 5.01% 9 months Total Portfolio (Blended) 4.72% 4.64% 9 months BNY MELLON The Bank 96New York Mellon Trust Company,N.A- IIAN RIVER COUNTY Account Statement 1-N:FINANCE DIRECTOR 801 27TH ST BLDG A Statement Period 06/01/2013 Through 06/30/2013 VERO BEACH FL 32960-3388 8 Account LL INDIAN RIVER CO OPEB TRUST W Z X CLIENT SERVICE MANAGER:CHRISTY SHEPPARD BNY Mellon has a team of professionals devoted exclusively to arbitrage 10161 CENTURION PARKWAY N compliance services for tax-exempt bond issuers and conduit borrowers. JACKSONVILLE,FL 32256 For additional information,please contact your Relationship Manager. 904-645-1946 CHRISTY.SHEPPARD@BNYMELLON.COM If you are interested in accessing your Account Statement on-line,please contact your Relationship Manager about our web-based INFORM product. ADMINISTRATIVE CONTACT:CLAYTON WOODARD 10161 CENTURION PARKWAY Visit us at www.bnymellon.com JACKSONVILLE,FL 32256 904-998-4743 CLAYTON.WOODARD@BNYMELLON.COM Account Overview Percent of all Investments Asset Classification Market Value 55% 0 EQUITY 6,502,352.52 35% 0 FIXED INCOME 4,289,099.25 10% @ CASH AND SHORT TERM 1,302,974.88 100% TOTAL OF ALL INVESTMENTS 12,094,426.65 Summary of Assets Held Classification Market Value Cost Accrued Income Est Annual Income Market Yield EQUITY 6,502,352.52 5,141,498.67 0.00 153,116.87 2.35% FIXED INCOME 4,289,099.25 3,376,459.18 0.00 1,098,406.22 25.60% CASH AND SHORT TERM 1,302,974.88 1,302,974.88 0.00 130.30 0.01% ACCOUNT TOTALS 12,094,426.65 � 113 91820,932.73 0.00 1,251,653.39 10.34% Summary of Cash Transactions Current Period Year-to-Date Realized Transaction Category Income Principal Gains/Losses Income Principal OPENING BALANCE 0.00 0.00 0.00 0.00 DIVIDENDS 40,483.63 0.00 0.00 68,228.95 0.00 SALES AND REDEMPTIONS 0.00 106,424.75 0.00 0.00 1,605,136.50 OTHER CASH ADDITIONS 0.00 287,587.88 0.00 0.00 1,574,020.46 PAYMENTS AND WITHDRAWALS 40,483.63 - 0.00 0.00 68,228.95- 0.00 OTHER CASH DISBURSEMENTS 0.00 465.00- 0.00 0.00 930.00- PURCHASES 0.00 393,547.63 - 0.00 0.00 3,178,226.96- CLOSING BALANCE 0.00 0.00 . 0.00 0.00 0.00 The above cash transactions summary is provided for information purposes only and may not reflect actual taxable income or deductible expenses as reportable under the Internal Revenue Code. 58 Page 15 of 30 Pape 1 of 6 Z 7- JEFFREY R. SMITH (W Clerk of Circuit Court and Comptroller '`ZoRIOA 1801 27th Street, Building A Vero Beach, Florida 32960 Telephone (772) 226-1205 TO: Board of County Commissioners FROM: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroll6vo- And Diane L. Bernardo, Finance Director DATE: July 26, 2013 SUBJECT: Quarterly Investment Report for Quarter Ending 06/30/2013 BACKGROUND (W Attached to this memorandum is the composition of the investment portfolio and investment earnings for the third quarter of this fiscal year. This report was reviewed by our investment advisory committee on July 25, 2013. SBA Update Fund B cash holdings are being distributed as they become available from maturities, sales, investment interest and other income received from the assets in Fund B. The investment objective of Fund B is to maximize the present value of distributions to participants. During the quarter$196,426 was withdrawn from Fund B. The balance in Fund B was $250,789 and has an estimated realization value of 112% ($280,498) as determined by the SBA financial advisors. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the attached Quarterly Investment Report. Indian River County A roved Date Administrator County Attorne Budget (j (W Department Risk Management 59 Indian River County Investment Advisory Committee Quarterly Investment Report April 1,2013 through June 30,2013 INVESTMENT POLICY In accordance with Section 218.415, Florida Statutes, the Board of County Commissioners adopted an Investment Policy to govern the investment of county funds by the Clerk of the Circuit Court.The Policy states the primary objectives of investment activities are to preserve capital and to provide sufficient liquidity to meet the cash flow needs of the county. Investment returns are secondary to the requirements for safety and liquidity. INVESTMENT ADVISORY COMMITTEE An Investment Advisory Committee meets quarterly to review the previous quarter's investment activities, evaluate current and future liquidity needs, recommend investment strategies. The Committee consists of the Clerk of the Circuit Court, Finance Director, Internal Auditor, Budget Director, and three qualified citizens with investment or financial management expertise. The individuals who have agreed to serve are: David W. Griffis, Senior Vice President with Northern Trust Bank of Florida; Ted Libby, Senior Portfolio Manager with Cypress Capital Group; Andy Beindorf, Executive Vice President with CenterState Bank. AUTHORIZED INVESTMENTS As permitted by the Investment Policy,funds were invested only in the following types of investments: Federal Farm Credit Banks bonds and discount notes(FFCB), Federal Home Loan Banks bonds and discount notes(FHLB), Federal Home Loan Mortgage Corporation bonds and discount notes(FHLMC), Federal National Mortgage Association bonds and discount notes(FNMA), Treasury Notes and Bills, State of Florida Local Government Surplus Funds Trust Fund(SBA)(for existing funds only), Florida Local Government Investment Trust(FLGIT), Other intergovernmental investment pool authorized pursuant to the Florida Interlocal Cooperation Act as provided in F.S. 163.01, Certificates of Deposit(CDs), Money Market Funds, Repurchase Agreements. BOND PROCEEDS INVESTMENT The current bond reserve is placed with Bank of New York/Mellon and is currently invested in short- term treasury bills and agencies. 1 of 2 60 INVESTMENT ACTIVITY As of June 30, 2013 the investments portfolio book value was $300,052,544 with a market value of (W $300,139,852. Of the$300,052,544,portfolio total, $260,720,067 is restricted for the following purposes: $ 69,471,558 Special revenue projects $ 2,386,443 Debt payments for county bonds $ 47,125,887 Capital projects $ 139,127,747 Business-type activities $ 2,608,432 Escrow Funds $ 260,720,067 TOTAL RESTRICTED CASH BY FUND TYPE (PERCENTAGES) Special Escrow Revenue 1 " 0 27% Debt Service 1% Capital Business- Projects Type 18% 53% (W The weighted average maturity of the investments as of June 30, 2012 is 13 months. Yields on the individual investments ranged from 0.11% to 2.25%. The overall average yield for the quarter was 0.22%. Information on investment activity, total cash flows, interest earnings, and charts providing additional information regarding the investment of surplus funds such as the portfolio composition and maturity distribution are attached. The attached schedules list the portfolio composition and activity for.the quarter ending June 30,2013: Schedule 1 Portfolio sorted by type of debt instrument Schedule 2 Portfolio sorted by maturity date Schedule 3 Portfolio by maturity date bar graph Schedule 4 Portfolio by type pie chart Schedule 5 Investment purchases,calls and maturities for the quarter Schedule 6 Summary of cash flows and balances by month Schedule 7 Interest earnings summary Schedule 8 Allocation of investments by fund types(unrestricted and restricted balances) (41W 2 of 2 61 Schedule 1 Indian River County,Florida Board of County Commissioners Investments By Type June 30,2013 06/30/13 Coupon/ Purchase Maturity Years To Yield To Original Portfolio (W�tnnt T e CUSIP Yield Date Date Maturity Maturity Par Amount Book Value % FFCB Bullet 31331GE47 2.250% 07/29/09 07/29/13 0.08 2.250% $2,000,000 $2,000,000.00 FFCB Bullet 3133EACV8 0.220% 02/10/12 02/10/14 0.62 0.220% $2,000,000 $2,000,000.00 FFCB Callable 3133EABHO 0.375% 01/27/12 03/03/14 0.67 0.375% $2,000,000 $2,000,000.00 FFCB Bullet 3133ECQ80 0.140% 05/22/13 05/22/14 0.89 0.140% $2,000,000 $2,000,000.00 FFCB Bullet 3133EAUM8 0.375% 06/18/12 06/18/14 0.97 0.375% $2,000,000 $2,000,000.00 FFCB Callable 3133ECBS2 0.230% 12/26/12 06/26/14 0.99 0.230% $2,000,000 $2,000,000.00 FFCB Bullet 3133EC5U4 0.250% 12/07/12 07/07/14 1.02 0.250% $2,000,000 $2,000,000.00 FFCB Bullet 3133ECFK5 0.200% 02/15/13 09/28/14 1.25 0.200% $2,000,000 $2,000,000.00 FFCB Callable 3133EA3A4 0.280% 10/02/12 09/02/14 1.18 0.280% $2,000,000 $2,000,000.00 FFCB Callable 3133EAZ50 0.270% 09/25/12 09/25/14 1.24 0.270% $2,000,000 $2,000,000.00 FFCB Bullet 3133EA6W3 0.270% 11/05/12 11/05/14 1.35 0.270% $2,000,000 $2,000,000.00 FFCB Bullet 3133ECCM4 0.250% 01/14/13 11/14/14 1.38 0.250% $2,000,000 $2,000,000.00 FFCB Bullet 3133EC2X1 0.270% 11/19/12 11/19/14 1.39 0.270% $2,000,000 $2,000,000.00 FFCB Callable 3133EA3UO 0.300% 10/09/12 01/09/15 1.53 0.311% $2,000,000 $1,999,500.00 FFCB Bullet 3133ECFJ8 0.250% 02/14/13 01/30/15 1.59 0.250% $2,000,000 $2,000,000.00 FFCB Bullet 3133ECEC4 0.280% 02/04/13 02/04/15 1.60 0.280% $2,000,000 $2,000,000.00 FFCB Callable 3133EAU30 0.320% 09/12/12 03/12/15 1.70 0.342% $2,000,000 $1,998,900.00 FFCB Bullet 3133EC5Q3 0.330% 12/03/12 03/16/15 1.71 0.330% $2,000,000 $2,000,000.00 FFCB Bullet 3133EC4A9 0.300% 11/23/12 04/15/15 1.79 0.300% $2,000,000 $2,000,000.00 FCCB Bullet 3133ECNU4 0.220% 05/06/13 05/06/15 1.85 0.220% $2,000,000 $2,000,000.00 FFCB Bullet 3133EC6F6 0.350% 12/05/12 06/01/15 1.92 0.350% $2,000,000 $2,000,000.00 FFCB Callable 3133ECSH8 0.370% 06/18/13 06/18/15 1.97 0.370% $2,000,000 $2,000,000.00 FFCB Callable 3133ECHE76 0.350% 03/11/13 09/11/15 2.20 0.350% $2,000,000 $2,000,000.00 $46,000,000 $45,998,400.00 15.66% FHLB Disc 313385KA3 0.150% 10/31/12 08/05/13 0.10 0.152% $2,000,000 $1,997,683.33 FHLB Bullet 313373F98 1.000% 04/15/11 08/15/13 0.13 1.000% $2,000,000 $2,000,000.00 FHLB Bullet 313376LZ6 0.350% 12/15/11 08/28/13 0.16 0.350% $2,000,000 $2,000,000.00 FHLB Bullet 31337494Z9 0.280% 04/27/12 10/25/13 0.32 0.280% $2,000,000 $2,000,000.00 FHLB Bullet 313373HA03 1.200% 04/28/11 10/28/13 0.33 1.200% $2,000,000 $2,000,000.00 FHLB Disc 313385NW2 0.160% 11/20/12 11/05/13 0.35 0.160% $2,000,000 $1,996,888.89 FHLB Disc 313385PEO 0.160% 11/20/12 11/13/13 0.37 0.160% $2,000,000 $1,996,817.78 FHLB Bullet 313381PM1 0.180% 01/04/13 01/03/14 0.51 0.180% $2,000,000 $2,000,000.00 B Disc 313385ROl 0.140% 02/06/13 01/10/14 0.53 0.142% $2,000,000 $1,997,371.12 B Disc 313385RX6 0.140% 02/01/13 01/17/14 0.55 0.142% $2,000,000 $1,997,277.78 LB Disc 313385TJ5 0.160% 02/25/13 02/21/14 0.65 0.162% $2,000,000 $1,996,791.12 FHLB Disc 313385SE7 0.140% 02/01/13 01/24/14 0.57 0.142% $2,000,000 $1,997,223.34 FHLB Disc 313385SS6 0.140% 02/08/13 02/05/14 0.60 0.145% $3,000,000 $2,995,625.83 FHLB Disc 313385UF1 0.130% 04/02/13 03/14/14 0.70 0.132% $2,000,000 $1,997,501.12 FHLB Bullet 313382RL9 0.125% 04/11/13 04/11/14 0.78 0.125% $2,000,000 $2,000,000.00 FHLB-1X Call 3133804124 0.320% 07/23/12 04/23/14 0.81 0.320% $2,000,000 $2,000,000.00 FHLB-1X Call 313381P90 0.250% 01/16/13 07/16/14 1.04 0.250% $2,000,000 $2,000,000.00 FHLB-1X Call 313380KV8 0.375% 09/12/12 09/12/14 1.20 0.375% $2,000,000 $2,000,000.00 FHLB Bullet 313382ML4 0.230% 04/08/13 10/08/14 1.27 0.230% $2,000,000 $2,000,000.00 FHLB Bullet 313382MM2 0.230% 04/15/13 10/15/14 1.29 0.230% $2,000,000 $2,000,000.00 FHLB Callable 313383DDO 0.300% 06/19/13 06/19/15 1.97 0.300% $2,000,000 $2,000,000.00 FHLB Callable 313382A45 0.400% 02/28/13 08/28/15 2.16 0.400% $2,000,000 $2,000,000.00 FHLB Callable 3133821139 0.375% 04/22/13 10/22/15 2.31 0.375% $2,000,000 $2,000,000.00 FHLB Callable 313382W66 0.340% 05/16/13 11/16/15 2.38 0.340% $2,000,000 $2,000,000.00 $49,000,000 $48,973,180.31 16.68% FHLMC Disc 313397LN9 0.170% 10/23/12 09/10/13 0.20 0.170% $2,000,000 $1,996,958.88 FHLMC Disc 313397UN9 0.110% 06/04/13 03/21/14 0.72 0.110% $2,000,000 $1,998,227.78 $4,000,000 $3,995,186.66 1.36% FNMA Disc 313589HW6 0.180% 08/22/12 07/08/13 0.02 0.180% $2,000,000 $1,996,800.00 FNMA Disc 313589JD6 0.150% 09/06/12 07/15/13 0.04 0.152% $2,000,000 $1,997,400.00 FNMA Disc 313589JL85 0.140% 09/27/12 07/22/13 0.06 0.140% $2,000,000 $1,997,682.22 FNMA DISC 313589KR37 0.160% 11/02/12 08/20/13 0.14 0.160% $2,000,000 $1,997,413.33 FNMA Disc 313589MB6 0.160% 11/15/12 09/23/13 0.23 0.160% $2,000,000 $1,997,226.66 FNMA Disc 313589MR1 0.170% 11/15/12 10/07/13 0.27 0.170% $2,000,000 $1,996,921.12 FNMA Disc 313589VS9 0.120% 06/04/13 04/18/14 0.80 0.122% $2,000,000 $1,997,880.00 FNMA Callable 3135GOSQ7 0.400% 12/24/12 06/24/15 1.98 0.400% $2,000,000 $2,000,000.00 FNMA Callable 3135GOWH2 0.375% 04/29/13 10/29/15 2.33 0.375% $2,000,000 $2,000,000.00 $18,000,000 $17,981,323.33 6.12% Treasury Note 912828RA05 0.375% 06/30/11 06/30/13 0.00 0.375% $3,000,000 $3,000,000.00 Treasury Bill 9127957A35 0.110% 12/28/12 07/25/13 0.07 0.110% $3,000,000 $2,998,080.00 A'r asury Note 912828QW3 0.375% 08/01/11 07/31/13 0.08 0.375% $3,000,000 $3,000,000.00 IL asury Note 912828NUO 0.750% 04/20/11 08/15/13 0.13 0.824% $2,000,000 $1,996,562.50 easury Note 912828RD4 0.125% 12/14/11 08/31/13 0.17 0.125% $4,000,000 $3,993,750.00 Treasury Note 912828RD4 0.125% 08/31/11 08/31/13 0.17 0.200% $3,000,000 $2,995,511.22 Treasury Note 912828NY2 0.750% 04/21/11 09/15/13 0.21 0.879% $3,000,000 $2,990,859.38 1oft 62 Schedule 1 Indian River County,Florida Board of County Commissioners Investments By Type June 30,2013 06/30/13 Coupon/ Purchase Maturity Years To Yield To Original Portfolio stment Type CUSIP Yield Date Date Maturity Maturity Par Amount Book Value % Treasury Bili 9127967K1 0.120% 12/28/12 09/19/13 0.22 0.120% $3,000,000 $2,997,350.00 Treasury Note 912828RK8 0.125% 12/14/11 09/30/13 0.25 0.221% $2,000,000 $1,996,562.50 Treasury Note 912828RK8 0.125% 09/30/11 09/30/13 0.25 0.253% $3,000,000 $2,994,000.00 Treasury Note 912828PB0 0.500% 04/21/11 10/15/13 0.29 0.918% $3,000,000 $2,969,296.88 Treasury Note 912828RN26 0.250% 10/31/11 10/31/13 0.34 0.250% $2,000,000 $2,000,000.00 Treasury Note 912828RS13 0.250% 11/30/11 11/30/13 0.42 0.250% $3,000,000 $3,000,000.00 Treasury Note 912828RW2 0.125% 04/20/12 12/31/13 0.50 0.259% $3,000,000 $2,993,203.13 Treasury Note 912828RW2 0.125% 12/06/12 12/31/13 0.50 0.187% $3,000,000 $2,998,007.81 Treasury Note 912828SB7 0.250% 03/15/12 01/31/14 0.59 0.375% $3,000,000 $2,992,968.75 Treasury Note 912828SG6 0.250% 02/29/12 02/28/14 0.67 0.258% $3,000,000 $2,999,531.25 Treasury Note 912828SL50 0.250% 04/02/12 03/31/14 0.75 0.300% $3,000,000 $2,997,019.29 Treasury Note 912828SR21 0.250% 04/30/12 04/30/14 0.83 0.250% $3,000,000 $3,000,000.00 Treasury Note 912828SW16 0.250% 05/31/12 05/31/14 0.92 0.275% $3,000,000 $2,998,505.13 Treasury Note 912028TF73 0.125% 11/28/12 07/31/14 1.08 0.233% $3,000,000 $2,994,609.30 Treasury Note 912828TF73 0.125% 07/31/12 07/31/14 1.08 0.200% $3,000,000 $2,995,511.22 Treasury Note 912828TL42 0.250% 08/31/12 08/31/14 1.17 0.250% $3,000,000 $3,000,000.00 Treasury Note 912828TQ3 0.250% 10/01/12 09/30/14 1.25 0.250% $3,000,000 $3,000,000.00 Treasury Note 912828TU4 0.250% 10/31/12 10/31/14 1.34 0.289% $3,000,000 $2,997,656.25 Treasury Note 912828TZ3 0.250% 11/30/12 11/30/14 1.42 0.250% $3,000,000 $3,000,000.00 Treasury Note 912828UD0 0.125% 12/31/12 12/31/14 1.50 0.232% $3,000,000 $2,993,598.57 Treasury Note 912828RZ5 0.250% 11/20/12 01/15/15 1.55 0.254% $3,000,000 $2,999,765.70 Treasury Note 912828RZ5 0.250% 12/06/12 01/15/15 1.55 0.254% $3,000,000 $2,999,765.63 Treasury Note 912828UK40 0.250% 01/31/13 01/31/15 1.59 0.260% $3,000,000 $2,999,401.94 Treasury Note 912828SE1 0,250% 11t1l6M2 02115Y5 1.63 0.274% $3,000,009 $2,598,359.38 Treasury Note 912828SE1 0.250% 12/06/12 02/15/15 1.63 0.261% $3,000,000 $2,999,296.88 Treasury Note 912828UP37 0.250% 02/28/13 02/28/15 1.67 0.250% $3,000,000 $3,000,000.00 Treasury Note 912828UT58 0.250% 04/01/13 03/31/15 1.75 0.250% $3,000,000 $2,999,999.97 Treasury Note 91282BUY44 0.125% 04/30/13 04/30/15 1.83 0.210% $3,000,000 $2,994,913.35 Treasury Note 912828SU5 0.250% 11/29/12 05/15/15 1.87 0.291% $3,000,000 $2,996,953.13 Treasury Note 912828SU5 0.250% 12/06/12 05/15/15 1.87 0.269% $3,000,000 $2,998,593.75 Treasury Note 912828VD97 0.250% 05/31/13 05/31/15 1.92 0.260% $3,000,000 $2,999,401.94 Treasury Note 912828TF73 0.125% 11/28/12 07/15/15 2.04 0.233% $3,000,000 $2,995,664.10 Treasury Note 912828TF73 0.125% 12/06/12 07/15/15 2.04 0.280% $3,000,000 $2,997,656.25 ( asury Note 912828TK6 0.250% 12/14/12 08/15/15 2.13 0.316% $3,000,000 $2,994,726.56 asury Note 912828TK6 0.250% 12/21/12 08/15/15 2.13 0.333% $3,000,000 $2,993,437.50 '?reeasury Note 912828TP5 0.250% 02/08/13 09/15/15 2.21 0.333% $3,000,000 $2,993,554.50 Treasury Note 912828TP5 0.250% 02/21/13 09/15/15 2.21 0.336% $3,000,000 $2,993,437.50 $130,000,000 $129,847,511.26 44.22% SunTrust Bank Money Market $12,088,622.62 4.12% SBA-Local Govt Surplus Trust Funds Investment Pool B $250,789.58 0.09% FACC-Florida Local Govt Investment Trust-Day to Day Money Market $11,052,346.13 3.76% Regions Bank Money Market $13,042,665.91 4.44% Total Unrestricted General Cash&Equivalents $283,230,025.80 Restricted Cash-Landfill FACC-Florida Local Govt Investment Trust-Landfill Closure&Postclosure Reserves-adjusted for fair mkt value $10,436,705.50 3.55% Total Pooled Cash&Equivalents $293,666,731.30 100.00% Restricted Cash-Health Insurance Wells Fargo-BCBS Claims Account $862,219.18 Citibank-BCBS Imprest Acct $84,000.00 Total Restricted Cash-Health Insurance $946,219.18 Restricted Cash-Bond Covenants(held by BNY/Mellon) Fidelity Institutional Treasury Money Market-Utilities Debt Service Reserve $9,495.13 N/A Treasury Note 912828RA0 0.375% 06/30/11 06/30/13 0.50 0.375% $1,587,000.00 $1,587,000.00 Treasury Note 912828RW2 0.125% 01/03/12 12/31/13 1.00 0.219% $1,352,000.00 $1,352,000.00 Treasury Note 912828TA8 0.250% 07/02/12 06/30/14 1.50 0.250% $1,460,000.00 $1,460,861.40 Treasury Note 912828TZ3 0.250% 11/30/12 11/30/14 1.92 0.250% $1,030,000.00 $1,030,236.90 Total Restricted Cash-adjusted for fair market value $5,439,593.43 Total Portfolio $300,052,543.91 Note:See separate investment report for OPEB funds. L 2of2 63 Schedule 2 Indian River County,Florida Board of County Commissioners Investment By Maturity Date June 30,2013 06/30/13 Coupon/ Purchase Maturity Years To Yield To Original ,investment Type CUSIP Yield Date Date Maturity Maturity Par Amount Book Value Mo Cash Flow Treasury Note 912828RA05 0.375% 06/30/11 06/30/13 0.00 0.375% $3,000,000 $3,000,000.00 $ 3,000,000 FNMA Disc 313589HW6 0.180% 08/22/12 07/08/13 0.02 0.180% $2,000,000 $1,996,800.00 FNMA Disc 313589JD6 0.152% 09/06/12 07/15/13 0.04 0.152% $2,000,000 $1,997,400.00 FNMA Disc 313589JL85 0.140% 09/27/12 07/22/13 0.06 0.140% $2,000,000 $1,997,682.22 Treasury Bill 9127957A35 0.110% 12/28/12 07/25/13 0.07 0.110% $3,000,000 $2,998,080.00 FFCB Bullet 31331GE47 2.250% 07/29/09 07/29/13 0.08 2.250% $2,000,000 $2,000,000.00 Treasury Note 912828QW3 0.375% 08/01/11 07/31/13 0.08 0.375% $3,000,000 $3,000,000.00 $ 14,000,000 FHLB Disc 313385KA3 0.150% 10/31/12 08/05/13 0.10 0.152% $2,000,000 $1,997,683.33 Treasury Note 912828NU0 0.750% 04/20/11 08/15/13 0.13 0.824% $2,000,000 $1,996,562.50 FHLB Bullet 313373F98 1.000% 04/15/11 08/15/13 0.13 1.000% $2,000,000 $2,000,000.00 FNMA Disc 313589KR37 0.160% 11/02/12 08/20/13 0.14 0.160% $2,000,000 $1,997,413.33 FHLB Bullet 313376LZ6 0.350% 12/15/11 08/28/13 0.16 0.350% $2,000,000 $2,000,000.00 Treasury Note 912828RD4 0.125% 12/14/11 08/31/13 0.17 0.217% $4,000,000 $3,993,750.00 Treasury Note 912828RD4 0.125% 08/31/11 08/31/13 0.17 0.200% $3,000,000 $2,995,511.22 $ 17,000,000 FHLMC Disc 313397LN9 0.170% 10/23/12 09/10/13 0.20 0.170% $2,000,000 $1,996,958.88 Treasury Note 912828NY2 0.750% 04/21/11 09/15/13 0.21 0.879% $3,000,000 $2,990,859.38 Treasury Bill 9127957K1 0.120% 12/28/12 09/19/13 0.22 0.120% $3,000,000 $2,997,350.00 FNMA Disc 313589MB6 0.160% 11/15/12 09/23/13 0.23 0.160% $2,000,000 $1,997,226.66 Treasury Note 912828RK8 0.125% 09/30/11 09/30/13 0.25 0.225% $3,000,000 $2,994,000.00 Treasury Note 912828RK8 0.125% 12/14/11 09/30/13 0.25 0.221% $2,000,000 $1,996,562.50 $ 15,000,000 FNMA Disc 313589MR1 0.170% 11/15/12 10/07/13 0.27 0.170% $2,000,000 $1,996,921.12 Treasury Note 912828PB0 0.500% 04/21/11 10/15/13 0.29 0.918% $3,000,000 $2,969,296.88 FHLB Bullet 313379429 0.1800A 04127/12 10/25/13 0.32 0.2800/6 $2,000,000 $2,000,000.00 FHLB Bullet 313373HA3 1.200% 04/28/11 10/28/13 0.33 1.200% $2,000,000 $2,000,000.00 Treasury Note 912828RN26 0.250% 10/31/11 10/31/13 0.34 0.250% $2,000,000 $2,000,000.00 $ 11,000,000 FHLB Disc 313385NW2 0.160% 11/20/12 11/05/13 0.35 0.160% $2,000,000 $1,996,888.89 FHLB Disc 313385PE0 0.160% 11/20/12 11/13/13 0.37 0.160% $2,000,000 $1,996,817.78 Treasury Note 912828RS13 0.250% 11/30/11 11/30/13 0.42 0.250% $3,000,000 $3,000,000.00 $ 7,000,000 Treasury Note 912828RW2 0.125% 12/06/12 12/31/13 0.50 0.187% $3,000,000 $2,998,007.81 Treasury Note 912828RW2 0.125% 04/20/12 12/31/13 0.50 0.220% $3,000,000 $2,993,203.13 $ 6,000,000 FHLB Bullet 313381PM1 0.180% 01/04/13 01/03/14 0.51 0.180% $2,000,000 $2,000,000.00 (�-FHLB Disc 313385RQ1 0.140% 02/06/13 01/10/14 0.53 0.142% $2,000,000 $1,997,371.12 HLB Disc 313385RX6 0.140% 02/01/13 01/17/14 0.55 0.142% $2,000,000 $1,997,277.78 HLB Disc 313385SE7 0.140% 02/01/13 01/24/14 0.57 0.142% $2,000,000 $1,997,223.34 Treasury Note 912828SB7 0.250% 03/15/12 01/31/14 0.59 0.375% $3,000,000 $2,992,968.75 $ 11,000,000 FHLB Disc 313385SS6 0.140% 02/08/13 02/05/14 0.60 0.145% $3,000,000 $2,995,625.83 FFCB Bullet 3133EACV8 0.220% 02/10/12 02/10/14 0.62 0.220% $2,000,000 $2,000,000.00 FHLB Disc 313385TJ5 0.160% 02/25/13 02/21/14 0.65 0.162% $2,000,000 $1,996,791.12 Treasury Note 912828SG6 0.250% 02/29/12 02/28/14 0.67 0.258% $3,000,000 $2,999,531.25 $ 10,000,000 FFCB Callable 3133EABH0 0.375% 01/27/12 03/03/14 0.67 0.375% $2,000,000 $2,000,000.00 FHLB Disc 313385UF1 0.130% 04/02/13 03/14/14 0.70 0.132% $2,000,000 $1,997,501.12 FHLMC Disc 313397UN9 0.110% 06/04/13 03/21/14 0.72 0.111% $2,000,000 $1,998,227.78 Treasury Note 912828SL5 0.250% 04/02/12 03/31/14 0.75 0.300% $3,000,000 $2,997,019.29 $ 9,000,000 FHLB Bullet 313382RL9 0.125% 04/11/13 04/11/14 0.78 0.125% $2,000,000 $2,000,000.00 FNMA Disc 313589VS9 0.120% 06/04/13 04/18/14 0.80 0.122% $2,000,000 $1,997,880.00 FHLB-1X Call 3133804114 0.320% 07/23/12 04/23/14 0.81 0.320% $2,000,000 $2,000,000.00 Treasury Note 912828SR2 0.250% 04/30/12 04/30/14 0.83 0.250% $3,000,000 $3,000,000.00 $ 9,000,000 FFCB Bullet 3133ECQ80 0.140% 05/22/13 05/22/14 0.89 0.140% $2,000,000 $2,000,000.00 Treasury Note 912828SW1 0.250% 05/31/12 05/31/14 0.92 0.275% $3,000,000 $2,998,505.13 $ 5,000,000 FFCB Bullet 3133EAUM8 0.375% 06/18/12 06/18/14 0.97 0.375% $2,000,000 $2,000,000.00 FFCB Callable 3133ECBS2 0.230% 12/26/12 06/26/14 0.99 0.230% $2,000,000 $2,000,000.00 $ 4,000,000 FFCB Bullet 3133EC5U4 0.250% 12/07/12 07/07/14 1.02 0.250% $2,000,000 $2,000,000.00 FHLB Callable 313381P90 0.250% 01/16/13 07/16/14 1.04 0.250% $2,000,000 $2,000,000.00 Treasury Note 912828TF73 0.125% 11/28/12 07/31/14 1.08 0.233% $3,000,000 $2,994,609.30 Treasury Note 912828TF73 0.125% 07/31/12 07/31/14 1.08 0.200% $3,000,000 $2,995,511.22 $ 10,000,000 FFCB Bullet 3133ECFK5 0.200% 02/15/13 08/28/14 1.16 0.200% $2,000,000 $2,000,000.00 Treasury Note 912828TL42 0.250% 08/31/12 08/31/14 1.17 0.250% $3,000,000 $3,000,000.00 $ 5,000,000 FFCB Callable 3133EA3A4 0.280% 10/02/12 09/02/14 1.18 0.280% $2,000,000 $2,000,000.00 FHLB-1X Call 313380KV8 0.375% 09/12/12 09/12/14 1.20 0.375% $2,000,000 $2,000,000.00 FFCB Bullet 3133EAZ50 0.270% 09/25/12 09/25/14 1.24 0.270% $2,000,000 $2,000,000.00 Treasury Note 912828TQ3 0.250% 10/01/12 09/30/14 1.25 0.250% $3,000,000 $3,000,000.00 $ 9,000,000 FHLB Bullet 313382ML4 0.230% 04/08/13 10/08/14 1.27 0.230% $2,000,000 $2,000,000.00 FHLB Bullet 313382MM2 0.230% 04/15/13 10/15/14 1.29 0.230% $2,000,000 $2,000,000.00 Treasury Note 912828TU4 0.250% 10/31/12 10/31/14 1.34 0.289% $3,000,000 $2,997,656.25 $ 7,000,000 FFCB Bullet 3133EA6W3 0.270% 11/05/12 11/05/14 1.35 0.270% $2,000,000 $2,000,000.00 !FCB Bullet 3133ECCM4 0.250% 01/14/13 11/14/14 1.38 0.250% $2,000,000 $2,000,000.00 =FCB Bullet 3133EC2X1 0.270% 11/19/12 11/19/14 1.39 0.270% $2,000,000 $2,000,000.00 Treasury Note 912828TZ3 0.250% 11/30/12 11/30/14 1.42 0.250% $3,000,000 $3,000,000.00 $ 9,000,000 Treasury Note 912828UD0 0.125% 12/31/12 12/31/14 1.50 0.232% $3,000,000 $2,993,598.57 $ 3,000,000 1of2 64 Schedule 2 Indian River County,Florida Board of County Commissioners Investment By Maturity Date June 30,2013 06/30/13 Coupon/ Purchase Maturity Years To Yield To Original Civestment Tye CUSIP Yield Date Date Maturity Maturity Par Amount Book Value Mo Cash Flow FFCB Callable 3133EA31.10 0.300% 10/09/12 01/09/15 1.53 0.311% $2,000,000 $1,999,500.00 Treasury Note 912828RZ5 0.250% 12/06/12 01/15/15 1.55 0.254% $3,000,000 $2,999,765.63 Treasury Note 912828RZ5 0.250% 11/20/12 01/15/15 1.55 0.254% $3,000,000 $2,999,765.70 FFCB Bullet 3133ECFJ8 0.250% 02/14/13 01/30/15 1.59 0.250% $2,000,000 $2,000,000.00 Treasury Note 912828UK40 0.250% 01/31/13 01/31/15 1.59 0.260% $3,000,000 $2,999,401.94 $ 13,000,000 FFCB Bullet 3133ECEC4 0.280% 02/04/13 02/04/15 1.60 0.280% $2,000,000 $2,000,000.00 Treasury Note 912828SE1 0.250% 11/16/12 02/15/15 1.63 0.274% $3,000,000 $2,998,359.38 Treasury Note 912828SE1 0.250% 12/06/12 02/15/15 1.63 0.261% $3,000,000 $2,999,296.88 Treasury Note 912828UP37 0.250% 02/28/13 02/28/15 1.67 0.250% $3,000,000 $3,000,000.00 $ 11,000,000 FFCB Callable 3133EAU30 0.320% 09/12/12 03/12/15 1.70 0.342% $2,000,000 $1,998,900.00 FFCB Bullet 3133EC5Q3 0.330% 12/03/12 03/16/15 1.71 0.330% $2,OOb,000 $2,000,000.00 Treasury Note 912828UT58 0.250% 04/01/13 03/31/15 1.75 0.250% $3,000,000 $2,999,999.97 $ 7,000,000 FFCB Bullet 31333EC4A9 0.300% 11/23/12 04/15/15 1.79 0.300% $2,000,000 $2,000,000.00 Treasury Note 912828UY44 0.125% 04/30/13 04/30/15 1.83 0.210% $3,000,000 $2,994,913.35 $ 5,000,000 FFCB Bullet 3133ECNU4 0.220% 05/06/13 05/06/15 1.85 0.220% $2,000,000 $2,000,000.00 Treasury Note 912828SU5 0.250% 12/06/12 05/15/15 1.87 0.269% $3,000,000 $2,998,593.75 Treasury Note 912828SU5 0.250% 11/29/12 05/15/15 1.87 0.291% $3,000,000 $2,996,953.13 Treasury Note 91282OVD97 0.250% 05/01/13 05/31/15 1.92 0.260% $3,000,000 $2,999,401.94 $ 11,000,000 FFCB Bullet 3133EC6F6 0.350% 12/05/12 06/01/15 1.92 0.350% $2,000,000 $2,000,000.00 FFCB Callable 3133ECSH8 0.370% 06/18/13 06/18/15 1.97 0.370% $2,000,000 $2,000,000.00 FHLB Callable 313383DDO 0.300% 06/19/13 06/19/15 1.97 0.300% $2,000,000 $2,000,000.00 FNMA Callable 3135GOSQ7 0.400% 12/24/12 06/24/15 1.98 0.400% $2,000,000 $2,000,000.00 $ 8,000,000 Treasury Note 912828TD2 0.250% 12/06Y2 07/15Y5 2.04 0.281% $3,000,000 $2,997,656.25 Treasury Note 912828TD2 0.250% 11/28/12 07/15/15 2.04 0.305% $3,000,000 $2,995,664.10 $ 6,000,000 Treasury Note 912828TK6 0.250% 12/14/12 08/15/15 2.13 0.316% $3,000,000 $2,994,726.56 Treasury Note 912828TK6 0.250% 12/21/12 08/15/15 2.13 0.333% $3,000,000 $2,993,437.50 FHLB Callable 313382A45 0.400% 02/28/13 08/28/15 2.16 0.400% $2,000,000 $2,000,000.00 $ 8,000,000 FFCB Callable 3133ECHE76 0.350% 03/11/13 09/11/15 2.20 0.350% $2,000,000 $2,000,000.00 Treasury Note 912828TP5 0.250% 02/08/13 09/15/15 2.21 0.333% $3,000,000 $2,993,554.50 Treasury Note 912828TP5 0.250% 02/21/13 09/15/15 2.21 0.336% $3,000,000 $2,993,437.50 $ 8,000,000 FHLB Callable 313382R39 0.375% 04/22/13 10/22/15 2.31 0.375% $2,000,000 $2,000,000.00 1 C FNMA Callable 3135GOWH2 0.375% 04/29/13 10/29/15 2.58 0.375% $2,000,000 $2,000,000.00 $ 4,000,000 HLB Callable 313382W66 0.340% 05/16/13 11/16/15 2.63 0.340% $2,000,000 $2,000,000.00 $ 2,000,000 $247,000,000 $246,795,601.56 $ 247,000,000 SunTrust Bank Money Market $12,088,622.62 SBA-Local Govt Surplus Trust Funds Investment Pool B $250,789.58 FACC-Florida Local Govt Investment Trust-Day to Day Money Market $11,052,346.13 Regions Bank Money Market $13,042,665.91 Total Unrestricted General Cash&Equivalents $283,230,025.80 Restricted Cash-Landfill FACC-Florida Local Govt Investment Trust-Landfill Closure&Postclosure Reserves-adjusted for fair mkt value $10,436,705.50 Total Pooled Cash&Equivalents $293,666,731.30 Restricted Cash-Health Insurance Wells Fargo-BCBS Claims Account $862,219.18 Citibank-BCBS Imprest Acct $84,000.00 Total Restricted Cash-Health Insurance $946,219.18 Restricted Cash-Bond Covenants(held by BNY/Mellonl Fidelity Institutional Treasury Money Market-Utilities Debt Service Reserve $9,495.13 Treasury Note 912828RAO 0.375% 06/30/11 06/30/13 0.50 0.375% $1,587,000.00 $1,587,000.00 Treasury Note 912828RW2 0.125% 01/03/12 12/31/13 1.00 0.219% $1,352,000.00 $1,352,000.00 Treasury Note 912828TA8 0.250% 07/02/12 06/30/14 1.50 0.250% $1,460,000.00 $1,460,861.40 Treasury Note 912828TZ3 0.250% 11/30/12 11/30/14 1.92 0.250% $1,030,000.00 $1,030,236.90 Total Restricted Cash-adjusted for fair market value $5,439,593.43 Total Portfolio $300,052,543.91 Note:See separate investment report for OPEB funds. 2of2 65 Schedule 3 Indian River County Portfolio By Maturity Date June 30,2013 $200,000,000 I i $180,000,000 $173,087,604 I I i i $160,000,000 I i $140,000,000 I I $120,000,000 T— i i i $100,000,000 T— $98.996,464 $80,000,000 — - ' I i $60,000,000 I i i i $40,000,000 i I $27,968,476 I I i $20,000,000 — - - ----- - - - i 0-12 Months 13-24 Months 25-36 Months Total Portfolio $300,052,544 66 Schedule 4 Indian River County Portfolio By Type June 30, 2013 (W FLGIT-Landfill 3.55% FFCB 15.66% FHLB 16.68% Treasury Notes 44.22% FHLMC 1.36% r Regions$Mkt 4.44% SBA-Fund B 0.09% Suntrust$Mkt 4.12% FNMA 6.12% FLGIT$Mkt 3.76% 67 Schedule 5 Indian River County Investment Purchases and Calls/Maturities Quarter Ending June 30,2013 PURCHASES: Investment Description Yield to Maturit Purchase Date Call Date Maturity Date Par Amount Book Value Treasury Note 0.25% 04/01/13 03/31/15 $3,000,000 $2,999,999.97 FHLB Disc 0.13% 04/02/13 03/14/14 $2,000,000 $1,997,501.12 FHLB Bullet 0.23% 04/08/13 10/08/14 $2,000,000 $2,000,000.00 FHLB Bullet 0.13% 04/11/13 04/11/14 $2,000,000 $2,000,000.00 FHLB Bullet 0.23% 04/15/13 10/15/14 $2,000,000 $2,000,000.00 FHLB Callable 0.38% 04/22/13 10/22/13 10/22/15 $2,000,000 $2,000,000.00 FNMA Callable 0.38% 04/29/13 10/29/13 10/29/15 $2,000,000 $2,000,000.00 Treasury Note 0.21% 04/30/13 04/30/15 $3,000,000 $2,994,913.35 FFCB Bullet 0.22% 05/06/13 05/16/15 $2,000,000 $2,000,000.00 FHLB Callable 0.34% 05/16/13 08/16/13 11/16/15 $2,000,000 $2,000,000.00 FFCB Bullet 0.14% 05/22/13 05/22/14 $2,000,000 $2,000,000.00 Treasury Note 0.26% 05/31/13 05/31/15 $3,000,000 $2,999,401.94 FHLMC Disc 0.11% 06/04/13 03/21/14 $2,000,000 $1,998,227.78 FNMA Disc 0.12% 06/04/13 04/18/14 $2,000,000 $1,997,880.00 FFCB Callable 0.37% 06/18/13 06/18/14 06/18/15 $2,000,000 $2,000,000.00 FHLB Callable 0.30% 06/19/13 06/19/14 06/19/15 $2,000,000 $2,000,000.00 16 $35,000,000 1 134,987,924.16 MATURITIES: Investment Early Description Yield to Maturity Purchase Date Call Date Maturitv Date Par Amount Book Value FHLMC Disc 0.18% 04/11/12 04/01/13 $2,000,000 $1,996,450.00 Treasury Note 0.75% 03/31/11 03/31/13 $3,000,000 $3,000,000.00 FFCB Callable 0.46% 04/24/12 04/12/13 10/24/14 $2,000,000 $2,000,000.00 FHLB Disc 0.17% 04/18/12 04/12/13 $2,000,000 $1,996,609.44 FFCB Callable 0.40% 02/15/12 04/15/13 08/15/14 $2,000,000 $2,000,000.00 FFCB Callable 0.41% 04/16/12 04/16/13 04/16/14 $2,000,000 $2,000,000.00 FHLB Bullet 0.22% 04/19/12 04/19/13 $2,000,000 $2,000,000.00 (W FHLB Bullet 0.23% 04/25/12 04/25/13 $2,000,000 $2,000,000.00 FHLB Bullet 0.24% 04/12/12 04/30/13 $3,000,000 $2,998,860.00 FHLB Bullet 0.22% 05/04/12 05/03/13 $2,000,000 $2,000,000.00 FNMA Disc 0.14% 07/25/12 05/10/13 $2,000,000 $1,997,912.78 FHLB Disc 0.14% 07/25/12 05/17/13 $2,000,000 $1,997,697.78 FFCB Bullet 0.25% 12/06/11 05/24/13 $2,000,000 $2,000,000.00 FFCB Callable 0.37% 07/18/12 05/30/13 09/18/14 $2,000,000 $2,000,000.00 Treasury Note 0.53% 05/31/11 05/31/13 $3,000,000 $2,998,450.20 FHLB Bullet 0.43% 12/07/11 06/06/13 $3,000,000 $2,999,868.00 FHLMC Disc 0.16% 10/31/12 06/13/13 $2,000,000 $1,998,000.00 FFCB Callable 0.48% 06/26/12 06/26/13 12/26/14 $2,000,000 $2,000,000.00 Treasury Bill 0.11% 12/27/12 06/27/13 $3,000,000 $2,998,319.99 19 $43,000,000 $42,982,168.19 Reconciliation of Bonds Only: Beginning portfolio(03/31/13) $254,789,845.59 Total purchased 16 securities $34,987,924.16 Total matured 19 securities $42,982,168.19 Ending portfolio for quarter(06/30/13) $246 795,601.56 10f1 68 Schedule 6 Indian River County Change in Monthly Cash Flows For All Pooled Cash/Investment Accounts Comparison of Six Fiscal Years (W June 30,2013 Fiscal Year 2007-2008 Fiscal Year 2008-2009 Fiscal Year 2009-2010 Net Chane Month End Bal* Net Chane Month End Bal* Net Chane Month End Bal" October $ (15,594,572) $ 369,309,192 $ (14,634,885) $ 286,076,562 $ (10,950,456) $ 272,116,477 November $ 4,873,265 $ 374,182,457 $ 12,878,826 $ 298,955,388 $ 7,883,140 $ 279,999,617 December $ 44,035,963 $ 418,218,420 $ 34,115,285 $ 333,070,673 $ 40,850,830 $ 320,850,447 January $ (6,833,630) $ 411,384,790 $ 6,850,425 $ 339,921,098 $ 4,043,995 $ 324,894,442 February $ (11,931,277) $ 399,453,513 $ 276,130 $ 340,197,228 $ (504,420) $ 324,390,022 March $ (1,755,364) $ 397,698,149 $ (4,357,468) $ 335,839,760 $ (638,064) $ 323,751,958 April $ (28,469,773) $ 369,228,376 $ (8,452,256) $ 327,387,504 $ (4,484,423) $ 319,267,535 May $ (19,429,167) $ 349,799,209 $ (8,071,065) $ 319,316,439 $ (6,148,366) $ 313,119,169 June $ (11,620,582) $ 338,178,627 $ (5,881,385) $ 313,435,054 $ (2,654,283) $ 310,464,886 July $ (12,010,560) $ 326,168,067 $ (11,072,743) $ 302,362,311 $ (3,283,074) $ 307,181,812 August $ (12,300,680) $ 313,867,387 $ (8,592,822) $ 293,769,489 $ (8,924,384) $ 298,257,428 September $ 13,155,940 $ 300 711,447 1 $ 10,702,556 $ 283,066,933 $ 3,330,240 $ 294,927,188 Net cash flow $ 84,192,317 $ (17,644,514) $ 11,860,255 Expenses include loan to FDOT,environ- mental land,fire station#9 land,road construction,&WWP construction. Fiscal Year 2010-2011 Fiscal Year 2011-2012 Fiscal Year 2012-2013 Net Chane Month End Bal* Net Chane Month End Bal* Net Chane Month End Bal* October $ (8,787,313) $ 286,139,875 $ (7,163,713) $ 299,325,098 $ (4,325,867) $ 293,979,198 November $ 18,859,033 $ 304,998,908 $ 15,743,556 $ 315,068,654 $ 16,251,425 $ 310,230,623 December $ 30,880,676 $ 335,879,584 $ 31,679,255 $ 346,747,909 $ 29,931,173 $ 340,161,796 January $ 4,920,377 $ 340,799,961 $ 540,328 $ 347,288,237 $ 130,635 $ 340,292,431 February $ 337,406 $ 341,137,367 $ (3,953,214) $ 343,335,023 $ (2,486,081) $ 337,806,350 March $ (3,074,474) $ 338,062,893 $ (4,018,678) $ 339,316,345 $ (2,787,582) $ 335,018,768 April $ (4,427,870) $ 333,635,023 $ (6,018,427) $ 333,297,918 $ (8,244,064) $ 326,774,704 May $ (5,688,925) $ 327,946,098 $ (5,148,326) $ 328,149,592 $ (4,598,588) $ 322,176,116 June $ (8,844,978) $ 319,101,120 $ (12,048,463) $ 316,101,129 $ (4,334,609) $ 317,841,507 July $ (5,588,302) $ 313,512,818 $ (5,284,467) $ 310,816,662 August $ (1,382,203) $ 312,130,615 $ (10,999,198) $ 299,817,464 September $ 5,641,804 $ 306,488,811 $ 1512,399 $ 298,305,065 Net cash flow $ 11,561,623 $ (8,183,746) $ 19,536,442 *Schedule represents total assets in 801 fund-including portfolio accounts, FMV adjustments,cash in bank and utilities debt reserve. Source: Balance Sheet for fund 801 (run by month) Schedule does not include OPEB investments-see separate report. 69 Schedule 7 Indian River Co Pooled Interest Earnings wnalysis Comparison of Two Prior Fiscal Years With Current Fiscal Year June 30,2013 Portfolio Banks-(2)-Qualified Public De sitories Money Market Funds (7) Treasuries&Agencies RBC-Bank Wells Fargo-Bank SunTrust Bank Regions-Bank Regions-Lockbox FLGIT-Landfill 3 Day-to-Day 4 Utilities Reserve Benchmark (1) 12 (6) One Year Interest Interest Interest Interest Interest Interest Interest Month Interest Interest Average Constant Mo/Yr Earned Return Earned Return Earned Return Earned Return Earned Return Earned Return Earned Return Earned Return Earned Return Total Return Return Maturity Oct-10 $ 151,431 0.81% $ 11 0.19% $ 2,729 0.35% $ 2,007 0.22% $ 7,155 0.75% $ 2,031 0.60% $ 31,772 2.81% $ 1,562 0.17% $ 1,960 0.44% $ 200,658 0.84% 0.23% Nov-10 $ 146,474 0.76% $ 70 0.19% $ 3,159 0.35% $ 1,813 0.22% $ 8,568 0.75% $ 2,463 0.60% $ (25,346) 2.01% $ 1,755 0.16% $ 1,960 0.44% $ 140,916 0.55% 0.25% Dec-10 $ 153,531 0.70% $ 44 0.18% $ 2,982 0.24% $ 2,087 0.18% $ 9,045 0.75% $ 3,063 0.60% $ (30,823) 2.12% $ 1,529 0.15% $ 1,634 0.37% $ 143,092 0.51% 0.29% Jan-11 $ 158,546 0.70% $ 23 0.170A $ 2,316 0.25% $ 2,268 0.18% $ 9,570 0.75% $ 1,212 0.60% $ 26,671 1.84% $ 1,667 0.14°A $ 1,634 0.37% $ 203,927 0.72% 0.27% Feb-11 $ 151,347 0.67% $ 6 0.16% $ 2,600 0.25% $ 2,061 0.18% $ 8,662 0.75% $ 1,110 0.60% $ 2,034 1.6804 $ 2,218 0.14% $ 1,634 0.37% $ 171,672 0.60% 0.29% Mar-11 $ 144,299 0.65% N/A NIA $ 2,611 0.25% $ 2,284 0.18% $ 9,597 0.75% $ 1,738 0.60% $ (1,744) 1.72°4 $ 1,536 0.15% $ 1,634 0.37% $ 161,955 0.57% 0.26% Apr-11 $ 142,140 0.66% N/A N/A $ 2,849 0.25% $ 2,210 0.18% $ 8,983 0.75% $ 2,203 0.60% $ 36,523 1.7804 $ 1,340 0.14% $ 1,634 0.37% $ 197,882 0.71% 0.25% May-11 $ 126,070 0.60% NIA NIA $ 2,666 0.24% $ 2,111 0.17% $ 9,919 0.75% $ 2,800 0.60% $ 27,263 2.02% $ 946 0.12% $ 1,634 0.37% $ 173,411 0.63% 0.19% Jun-11 $ 118,118 0.57% WA NIA $ 2,887 0.25% $ 1,837 0.15% $ 9,294 0.75% $ 1,128 0.60% $ (1,609) 1.68-4 $ 1,119 0.09% $ 1,739 0.39% $ 134,513 0.51% 0.18% Jul-11 $ 112,161 0.57% N/A WA $ 2,448 0.25% $ 1,817 0.15% $ 8,682 0.75% $ 1,705 0.60% $ 18,631 1.43% $ 630 0.08% $ 1,739 0.39% $ 147,813 0.57% 0.19% Aug-11 $ 114,327 0.56% N/A N/A $ 2,541 0.25% $ 1,466 0.12% $ 9,909 0.75% $ 2,418 0.60% $ 7,275 1.20% $ 863 0.07% $ 1,739 0.39% $ 140,538 0.54% 0.11% Sep-11 $ 113,284 0.56% N/A N/A $ 2,468 0.25% $ 505 0.12% $ 8,998 0.75% $ 2,762 0.60% $ (16,397) 0.79% $ 1,515 0.08% $ 1,739 0.39% $ 114,874 0.45% 0.10% Oct-11 $ 112,720 0.56% N/A N/A $ 1,972 0.25% $ 687 0.12% $ 8,822 0.75% $ 1,830 0.60% $ 20,928 0.66% $ 1,057 0.09% $ 1,739 0.39% $ 149,755 0.60% 0.11% Nov-11 $ 113,695 0.57% N/A WA $ 2,449 0.25% $ 781 0.10% $ 8,562 0.75% $ 2,245 0.60% $ (7,681) 0.85°A $ 1,506 0.11% $ 1,739 0.39% $ 123,296 0.47% 0.11% Deo-11 $ 119,525 0.51% N/A N/A $ 2,480 0.25% $ 1,204 0.10% $ 8,568 0.75% $ 2,431 0.60% $ 10,390 1.29% $ 1,943 0.14% $ 1,055 0.23% $ 147,596 0.51% 0.12% Jan-12 $ 116,759 0.50% N/A N/A $ 2,267 0.25% $ 648 0.10% $ 4,708 0.39% $ 2,795 0.60% $ 49,426 1.50% $ 1,898 0.16% $ 1,302 0.29% $ 179,803 0.62% 0.12% Feb-12 $ 106,646 0.48% N/A NIA $ 2,438 0.25% $ 1,089 0.10% $ 3,853 0.35% $ 1,773 0.60% $ 9,916 1.58% $ 2,593 0.17% $ 1,302 0.29% $ 129,610 0.45% 0.16% Mar-12 $ 100,006 0.46% N/A NIA $ 2,557 0.25% $ 1,271 0.10% $ 3,987 0.35% $ 2,489 0.60% $ 6,112 1.66% $ 2,138 0.18% $ 1,302 0.29% $ 119,862 0.42% 0.19% Apr-12 $ 98,225 0.45% N/A NIA $ 2,286 0.25% $ 1,258 0.10% $ 4,121 0.35% $ 2,637 0.60% $ 23,647 1.51% $ 2,467 0.20% $ 1,302 0.29% $ 135,943 0.49% 0.18% May-12 $ 94,155 0.44% N/A N/A $ 2,205 0.25% $ 1,301 0.10% $ 4,122 0,35% $ 2,729 0.60% $ 8,910 1.31% $ 2,102 0.19% $ 1,302 0.29% $ 116,826 0.43% 0.19% Jun-12 $ 91,836 0.45% WA N/A $ 2,176 0.25% $ 1,122 0.10% $ 3,857 0.35% $ 3,007 0.60% $ 17,204 1.50% $ 2,304 0.19% $ 802 0.18% $ 122,308 0.46% 0.19% Jul-12 $ 87,758 0.44% WA N/A $ 2,558 0.251% $ 1,112 0.10% $ 4,258 0.35% $ 3,026 0.60% $ 40,245 1.70% $ 2,037 0.19% $ 1,106 0.240/6 $ 142,100 0.55% 0.19% Aug-12 $ 84,170 0.44% N/A N/A $ 2,318 0.25% $ 1,132 0.10% $ 4,126 0.35% $ 2,877 0.60% $ 16,715 1.79% $ 1,870 0.18% $ 1,106 0.24% $ 114,314 0.46% 0.18% Sep-12 $ 81,572 0.44% N/A N/A $ 2,260 0.25% $ 1,055 0.10% $ 3,705 0.35% $ 3,072 0.60% $ 10,872 2.07% $ 2,146 0.18% $ 1,106 0.24% $ 105,788 0.43% 0.18% Oct-12 $ 78,538 0.43% WA N/A $ 2,490 0.25% $ 1,119 0.10% $ 4,129 0.35% $ 2,938 0.60% $ 4,325 1.90% $ 1,934 0.18% $ 1,106 0.24% $ 96,579 0.39% 0.18% Nov-12 $ 80,929 0.41% NIA N/A $ 3,050 0.25% $ 988 0.10% $ 3,617 0.35% $ 3,048 0.60% $ 8,195 2.06% $ 1,880 0.19% $ 1,262 0.28% $ 102,969 0.40% 0.18% Dec-12 $ 81,102 0.37% N/A N/A $ 2,408 0.25% $ 1,164 0.10% $ 4,178 0.35% $ 2,765 0.60% $ 339 1.96% $ 1,693 0.18% $ 1,262 0.28% $ 94,911 0.33% 0.16% Jan-13 $ 69,467 0.33% N/A WA $ 2,560 0.25% $ 1,243 0.10% $ 4,440 0.35% $ 3,090 0.60% $ 2,432 1.48% $ 1,396 0.16% $ 1,262 0.28% $ 85,890 0.30% 0.15% Feb-13 $ 67,326 0.31% N/A N/A $ 2,376 0.25% $ 1,134 0.10% $ 4,024 0.35% $ 2,699 0.60% $ 16,678 1.54% $ 1,793 0.14% $ 1,262 0.28% $ 97,292 0.35% 0.16% Mar-13 $ 66,593 0.31% N/A N/A $ 2,647 0.25% $ 1,151 0.10% $ 4,170 0.35% $ 2,481 0.60% $ 3,585 1.51% $ 1,356 0.13% $ 1,262 0.28% $ 83,245 0.30% 0.15% Apr-13 $ 64,262 0.30% N/A N/A $ 2,474 0.25% $ 722 0.10% $ 3,120 0.24% $ 2,891 0.60% $ 18,536 1.45% $ 1,490 0.12% $ 1,262 0.28% $ 94,757 0.35% 0.12% May-13 $ 62,908 0.30% N/A N/A $ 2,573 0.25°A $ 696 0.10% $ 2,701 0.23% $ 2,968 0.60% $ (24,756) 1.13% $ 1,000 0.12% $ 1,262 0.28% $ 49,352 0.18% 0.12% Jun-13 $ 62,191 0.30% N/A N/A $ 2,445 0.25% $ 672 0.10% $ 2,271 0.23% $ 2,963 0.60% $ (35,180) 0.61% $ 881 0.10% $ 1,262 0.28% $ 37,525 0.14%1 0.14% Notes: 1)"Investments"are accrued interest on coupon instruments. 2)"Bank"is cash received on the overnight investment of the County's cash in the bank. RBC bank account closed on February 11,2011. 3)"FLGIT'is the change in market value of the Florida Local Government Investment Trust account.A monthly return is not available;consequently,the 12 month return is provided. 4) "Day-to-Day'is a money market fund managed by the FACC under the FLGIT umbrella. 5) Federated Money Market Fund was 100%US Treasury investments. Return reflected is 30-day yield.Account closed September 2010. 6) Average return is computed by dividing total interest income for the month by the monthly cash balances listed on schedule 6. Does not include mark to market except for FLGIT landfill. 7) Source of one-year treasury rates is the Federal Reserve website. This report does not include OPEB funds. Schedule 8 Indian River County %W Allocation of Pooled Cash and Investments By Fund Types Balance in Funds as of June 30, 2013 Pooled Investments General Fund $ 57,121,440 Special Revenue Funds $ 69,471,558 Debt Service Funds $ 2,386,443 Capital Project Funds $ 47,125,887 Solid Waste Funds $ 27,379,996 Golf Course Fund $ 1,522,637 Building Fund $ 4,573,493 Utilities Funds $ 74,288,617 Fleet Fund $ (314,140) Insurance Funds $ 29,532,479 GIS Fund $ 2,144,665 Escrow Funds $ 2,608,432 Total Investments $ 317,841,507 (W Schedule includes all pooled investments, FMV adjustments, and cash in bank. Schedule does not include OPEB investments -see separate report. 71 Leslie R. Swan Supervisor of Elections Indian River County Your Vote Is Your Voice...Speak Up! July 31, 2013 The Honorable Joseph Flescher, Chairman Board of County Commissioners Indian River County, Florida 1801 27th Street, Building A Vero Beach, FL 32960-3388 (W Dear Chairman Flescher: All candidates, political committees, and party executive committees of political parties, who are required by law to qualify with their local supervisor of elections, must also file campaign finance reports with their local supervisor of elections. The frequency of these reports will increase beginning on November 1, 2013 as a result of new legislation contained in House Bill 569 which was signed into law on May 1, 2013. The Indian River County Supervisor of Elections is pleased to propose a change in procedure for filing campaign finance reports. Currently, the Supervisor of Elections requires all campaign finance reports to be submitted electronically, in addition to, submitting the original paper report to the Election's office. I am requesting authorization from the Board of County Commissioners to only require electronic filing of campaign finance reports of local candidates, political committees and county executive committees of political parties who file with the Supervisor of Election's office. Due to the increased frequency of reporting dates, report filing by electronic means only, will reduce the workload of the elections staff. It will also be a convenience to the candidates, political committees and executive committees of political parties who will no longer have to travel to the Elections Office to submit their"hard copy" reports in person. The Supervisor of Elections already has the technology in place for electronic filing of campaign finance reports. The purpose of the attached proposed resolution is to make it official that campaign finance reports need only be submitted electronically to the Supervisor of Elections office, eliminating the need to provide a paper copy as well. 4375 43rd Avenue, Vero Beach, FL 32967 • (772) 226-3440 • FAX (772) 770-5367 72 www.voteindianriver.com July 31, 2013 (W Page Two (2) The electronic filing program is based on Internet access using standard web-browsing software. The system provides for direct entry of campaign finance information, as well as, upload of such information from campaign finance software certified by the Division of Elections. Safeguards are in place to prevent unauthorized access to electronic filing system functions. An electronic receipt is issued upon submittal of a campaign finance report indicating and verifying that the report has been filed. The program also includes a conspicuous statement immediately following the log-in page notifying users that campaign finance reports must be completed and filed through the electronic filing system not later than midnight of the day required by law and that late-filed campaign finance reports are subject to the penalties prescribed under Section 106.07(8) or 106.29(3), Florida Statutes. Our office will encourage those filing campaign finance reports to submit the report by 5 p.m. on the due date, in the event that the person filing the report needs any assistance from elections personnel. The report is technically not delinquent until after the midnight deadline. Campaign finance reports filed through the electronic filing system are considered to be certified as to the correctness within the meaning of Section 106.07(5) or 106.29(2), Florida Statutes, by (W the candidate and the candidate's treasurer, in the case of a candidate; the political committee's chair and the political committee's treasurer, in the case of a political committee; or the party executive committee's chair and the party executive committee's treasurer, in the case of a party executive committee of a political party. Each person given a secure sign-on to the electronic filing system is required to sign a written statement acknowledging their responsibilities and the rules associated with the electronic filing system (see attached). The statement also indicates the procedure for filing campaign finance reports in the event that the electronic filing system is not operable. I respectfully request that the Board of County Commissioners adopt the proposed resolution regarding electronic filing requirements for campaign finance reports for local candidates, political committees and party executive committees of a political party who qualify with the Indian River County Supervisor of Elections. Very truly yours, _ Win River Co. Approved Date Adair. CoAtty. N Leslie R. Swan Budget (W Supervisor of Election Dept. Risk Mgr. Enclosures 73 Indian River County Supervisor of Elections Acknowledgement of Electronic Filing Information (W Pursuant to Florida law, and at the request of the Supervisor of Elections, the Board of County Commissioners of Indian River County has adopted Resolution regarding electronic filing requirements for campaign finance reports for local candidates, political committees and county executive committees of a political party. All of these entities are now required to file reports electronically with the Indian River County Supervisor of Elections Office via an Internet-based electronic filing system. 1. Sign-in Credentials Each person will be issued Sign-in Credentials, a log-in name and password, by the Indian River County Supervisor of Elections Office to access ("sign-in") the system. You are responsible for safeguarding this sign-in information and for notifying the Supervisor of Elections Office should this information be lost or become compromised. Please note: Only one log-in name and password will be issued for both the candidate and treasurer(or committee chair and treasurer, as applicable). 2. PIN The sign-in credentials will serve as a PIN (personal identification number). This PIN is considered the same as your signature on a paper filed report. 3. Reports Reports shall be completed and filed electronically through the Indian River County Supervisor of Elections electronic filing system not later than Midnight (Eastern Standard Time) of the day designated. When your report is electronically filed, the "Filing Submitted Page" may be printed and retained for your records as your "Electronic Filing Receipt." 4. Alternative Procedure for Inoperable Electronic Filing System In the event that the electronic filing system is inoperable on the date a report is due, the report will be accepted as timely filed if filed not later than Midnight (Eastern Standard Time), of the first business day the electronic filing system becomes operable again. No fine will be levied during the period the electronic filing system was inoperable. A report shall be deemed filed through the electronic filing system upon the issuance of an electronic filing receipt indicating and verifying that the report was filed. 5. Reports Not Timely Filed If a required report is not filed timely, the relevant penalty sections in Chapter 106, Florida Statutes, shall apply. All reports filed via this system are considered to be under oath by the .andidate and treasurer, chair and treasurer of political committees and county executive committees of a political party and are subject to all relevant penalties in Chapter 106, Florida Statutes. Page 1 of 2 74 Indian River County Supervisor of Elections Acknowledgement of Electronic Filing Information (W (Continued from Page 1) I acknowledge that I have received a copy of the following: ■ Copy of this Acknowledgement ■ Copy of Resolution ■ Copy of Sections FS 106.0705 & 106.29 1 also acknowledge that I understand the following: ■ Campaign reports must be electronically filed not later than Midnight (Eastern Standard Time) of the day designated as required by law or they are deemed late-filed and will be subject to the applicable penalties. ■ Any reports that I file through the electronic filing system are considered to be certified as to correctness within the meaning of Sections 106.07(5) or 106.29(2), Florida Statutes. Persons filing reports are subject to penalties as prescribed in Chapter 106, Florida Statutes. Finally, I Acknowledge that I am responsible for protecting my sign-in credentials from disclosure and am solely responsible for all filings on the electronic filing system using these credentials. Furthermore, I acknowledge that I will notify the Supervisor of Elections immediately upon either losing these credentials or in the event they become compromised. (W Signature Print Name Signature of the above is the: O Candidate O Treasurer O Political Committee Chair or OTreasurer O County Executive Committee Chair or. OTreasurer By signing above as the "Political Committee Chair or Political Committee Treasurer" or the "County Executive Committee Chair or County Executive Committee Treasurer" I am representing the following Committee: Insert the Committee's name above Date: , 20 (W Effective: 11/1/2013 Page 2 of 2 75 2014 CALENDAR AND ELECTION DATES(7,ent� ii �d% gof icaled�fom D�rviston of Elec ions (W FOR CANDIDATES AND POLITICAL COMMITTEES Effective November 1st,2013,reports shall be filed on the 10th day following the end of each calendar month from the time the campaign treasurer is appointed. Following the last day of qualifying for office, reports shall be filed on the 60,46 th,32"d,25 h, 11th and 6th days immediately preceding the Primary Election and the General Election. (Section 106.07(1) Judges/State orney u is Defender Petitions-last day to be submitted Noon, March 31,2014 All other candidates Petitions-last day to be submitted Noon, May 19,2014 Early voting begins Primary Election ?? Primary Election August 27, 2014 Early voting begins General Election ?? General Election November 4, 2014 QUALIFYING DATES Federal,Judicial, State Attorney and Public Defender Noon,April 28,2014-Noon, May 2,2014 (Including Write-In Candidates) Statewide, Multi-County, County,and District Noon,June 16, 2014-Noon,June 20,2014 (Including Write-In Candidates) REPORTING DATES MONTHLY REPORT DUE DATES Due Date Report Code Period Covered January10,2014 13 M12 12/01/2014-12/31/2014 February 10,2014 14 M1 01/01/2014-01/31/2014 (W March 10,2014 14 M2 02/01/2014-02/28/2014 April 10, 2014 14 M3 03/01/2014-03/31/2014 May 12,2014 14 M4 04/01/2014-04/30/2014 June 10,2014 14 M5 05/01/2014-05/30/2014 ELECTION REPORT DUE DATES Primary Election Reports Report Code Period Covered June 27,2014 14 P1 06/01/14-06/20/2014 July 11,2014 14 P2 06/21/14-07/04/2014 July 25,2014 14 P3 07/05/2014-07/18/2014 August 1, 2014 14 P4 07/19/2014-07/25/2014 August 8,2014 14 P5 07/26/2014-08/01/2014 August 15,2014 14 P6 08/02/2014-08/08/2014 August 20,2014 14 P7 08/09/2014-08/19/2014 General Election Reports Report Code Period Covered September 5,2014 14 G1 08/20/2014-08/29/2014 September 19,2014 14 G2 08/30/2014-09/12/2014 October 3, 2014 14 G3 09/13/2014-09/26/2014 October 10,2014 14 G4 09/27/2014-10/03/2014 October 17,2014 14 G5 10/04/2014-10/10/2014 October 24,2014 14 G6 10/11/2014-10/17/2014 October 29,2014 14 G7 10/16/2014-10/28/2014 Termination (Final) Reports Report Code Period Covered September 18,2014 TR Q 06/01/2014 If unopposed) November 24,2014 TR P 08/20/2014-11/24/2014 If Elected/Eliminated in Prima February 2, 1025 TR G 10/29/2014-02/02/2015 If Elected/Eliminated in General (W PLEASE NOTE: Campaign Reports are due NO LATER THAN MIDNIGHT on the due date. It is advisable you not wait until the last minute to file a report. An unforeseen incident cause you to miss the midnight deadline 76 2014 CALENDAR AND ELECTION DATES(Tetfive penc(�ng official calendar from Dii�iston of Elections) FOR POLITICAL PARTY EXECUTIVE COMMITTEES **An individual seeking a publicly elected position on a political party executive committee who receives a contribution or makes an expenditure shall file a report of all contributions received and all expenditures made. the report shall be filed on the 4th day immediately preceding the primary election. Judges/State ttorney u is a en er Petitions—last day to be submitted Noon, March 31,2014 All other candidates Petitions—last day to be submitted Noon, May 19, 2014 Early voting begins Primary Election ?? Primary Election August 27, 2014 Early voting begins General Election ?? General Election November 4,2014 QUALIFYING DATES Federal,Judicial, State Attorney and Public Defender Noon,April 28,2014—Noon, May 2,2014 (Including Write-In Candidates) Statewide, Multi-County, County, and District Noon,June 16,2014—Noon,June 20,2014 (Including Write-In Candidates) REPORTING DATES QUARTERLY REPORT DUE DATES Due Date Re ortCode Period Covered January 10, 2014 Q4 10/01/2013—12/31/2013 April 10,2014 Q1 01/01/2014—03/31/2014 (W ELECTION REPORT DUE DATES Primary Election Reports Report Code Period Covered June 27,2014 14 P1 06/01/14—06/20/2014 July 11,2014 14 P2 06/21/14—07/04/2014 July 25,2014 14 P3 07/05/2014—07/18/2014 August 1,2014 14 P4 07/19/2014—07/25/2014 August 8,2014 14 P5 07/26/2014—08/01/2014 August 15,2014 14 P6 08/02/2014—08/08/2014 August 20,2014 14 P7 08/09/2014—08/19/2014 **08/22/2014 One Report Only 08/22/2014 (for political party executive Committee Candidates General Election Reports Report Code Period Covered September 5 2014 14 G1 08/20/2014—08/29/2014 September 19,2014 14 G2 08/30/2014—09/12/2014 October 3,2014 14 G3 09/13/2014—09/26/2014 October 10,2014 14 G4 09/27/2014—10/03/2014 October 17,2014 14 G5 10/04/2014—10/10/2014 October 24,2014 14 G6 10/11/2014—10/17/2014 October 29,2014 14 G7 10/16/2014—10/28/2014 PLEASE NOTE: Campaign Reports are due NO LATER THAN MIDNIGHT on the due date. It is advisable you not wait until the last minute to file a report. An unforeseen incident cause you to miss the midnight deadline (ow 77 (W RESOLUTION NO. 2013 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, IMPLEMENTING THE PROVISIONS OF SECTION 106.07(2)(a)2., FLORIDA STATUTES, REQUIRING ELECTRONIC FILING OF CAMPAIGN FINANCE REPORTS OF LOCAL CANDIDATES, POLITICAL COMMITTEES AND PARTY EXECUTIVE COMMITTEES; ESTABLISHING AN ELECTRONIC FILING SYSTEM AND REQUIRING A WRITTEN ACKNOWLEDGEMENT REGARDING CERTAIN MATTERS PERTAINING TO THE ELECTRONIC FILING SYSTEM;AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in accordance with the provisions of Section 106.07(2)(a)2., Florida Statutes, the Board of County Commissioners of Indian River County is authorized by resolution to require the campaign finance reports specified in Chapter 106, Florida Statutes, of candidates for elective office within the county to be filed with the Indian River County Supervisor of Elections electronically; and WHEREAS, Section 106.07(3), Florida Statutes, requires the campaign finance (w reports specified in Chapter 106, Florida Statutes, of political committees that have registered with a county's supervisor of elections to be subject to the same filing conditions as established for the campaign finance reports of candidates for elective office within such county; and WHEREAS, Section 106.29(1), Florida Statutes, requires the campaign finance reports specified in Chapter 106, Florida Statutes, of executive committees of political parties that have registered with a county's supervisor of elections to be subject to the same filing conditions as established for the campaign finance reports of candidates for elective office within such county; and WHEREAS, Leslie Swan, Indian River County Supervisor of Elections has requested that the Board of County Commissioners adopt this Resolution so as to require electronic filing of said campaign finance reports; and WHEREAS, by the adoption of this resolution, the Board of County Commissioners of Indian River County, Florida, intends to require the campaign finance reports of certain candidates for elective office within the County, of political committees registered within the County, and of county executive committees of political parties to be filed with the County's Supervisor of Elections electronically in (W 1 78 RESOLUTION NO. 2013 - accordance with the provisions of Sections 106.07(2)(a)2., 106.07(3) and 106.29(1), Florida Statutes NOW, THEREFORE BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida: Section 1. Upon request of the Indian River County Supervisor of Elections and pursuant to the provisions of Chapter 106, Florida Statutes, the following persons and committees are required to electronically file finance reports: (a) Candidates for elective office within the County who are required by law to qualify before the Supervisor; (b) Political committees that are required by law to qualify before the Supervisor; and (c) County executive committees of political parties, who are required by law to qualify before the Supervisor. Electronic filing required. Pursuant to Sections 106.07(2)(a)2., 106.07(3) and 106.29(1), Florida Statutes, the Board hereby establishes the requirement that each campaign finance report of candidates, political committees, and county executive committees, and officers must be filed with the Supervisor by means of the Supervisor's filing system: Section 2. Electronic filing specifications. The Supervisor is authorized and directed to develop and establish an electronic filing system, inclusive of such uniform procedures and forms as may be necessary and appropriate for the implementation thereof. At a minimum, the electronic filing system shall satisfy the following requirements: (a) Be based on access by means of the Internet; (b) Be accessible by anyone with Internet access using standard web-browsing software; (c) Provide for direct entry of campaign finance information as well as upload of such information from campaign finance software certified by the Division of Elections of the Department of State; 2 79 RESOLUTION NO. 2013 - d Provide a method that prevents unauthorized access to electronic filing ( ) system functions; (e) Provide for the issuance of an electronic receipt to the person submitting a campaign finance report indicating and verifying that the same has been filed; (f) Include a conspicuous statement at or immediately following the log-in page that campaign finance reports must be completed and filed through the electronic filing system not later than midnight of the day required by law thereof, and that late-filed campaign finance reports are subject to the penalties prescribed under Section 106.07(8) or 106.29(3), Florida Statutes; and (g) Include a conspicuous statement at the prompt for submitting a campaign finance report that the same is considered to be certified as to correctness within the meaning of Section 106.07(5), Florida Statutes, by the candidate and the candidate's treasurer, in the case of a candidate, by the political committee's chair and political committee's treasurer, in the case of a political committee, and by the. executive committee's chair and executive (W committee's treasurer, in the case of an executive committee of a political party and that such persons are subject to the provisions of Section 106.07(5), or 106.29(2), Florida Statutes. Section 3. Acknowledgement. The Supervisor shall require each person given a secure sign-on to the electronic filing system to sign a written statement on a form prepared by the Supervisor acknowledging the following: (a) Campaign finance reports must be completed and filed through the electronic filing system no later than midnight of the day required by law therefore. (b) Campaign finance reports not filed by midnight of the required day are deemed late-filed and are subject to the penalties prescribed under Section 106.07(8) or 106.29(3), Florida Statues. (c) Campaign finance reports filed through the electronic filing system are considered to be certified as to the correctness within the meaning of 3 80 RESOLUTION NO. 2013 - (W d Section 106.07(5) or 106.29(2), Florida Statutes, by the candidate and the candidate's treasurer, in the case of a candidate, the political committee's chair and the political committee's treasurer, in the case of a political committee, or the county executive committee's chair and the executive committee's treasurer, in the case of an executive committee of a political party and such persons are subject to the provisions of Section 106.07(5) or 106.29(2) Florida Statutes. (e) The person signing the statement is responsible for protecting the sign- on credentials from disclosure, and for all filing using such credentials, unless the person has been notified by the Supervisor that such credentials have been compromised. Section 4. Alternative Procedure. The Supervisor is authorized and required to develop and establish an alternate filing procedure for campaign finance reports in the event the electronic filing system is not operable. (W Section 5. Effective Date. This Resolution shall become effective November 1, 2013 The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Joseph E. Flescher, Chairman Wesley S. Davis, Vice Chairman Tim Zorc Peter D. O'Bryan Bob Solari 4 81 RESOLUTION NO. 2013 - The Chairman thereupon declared the resolution duly passed and adopted this 20th day of August, 2013. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA BY: Joseph E. Flescher, Chairman ATTEST: Jeffrey R. Smith, Clerk And Comptroller By: Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY YLAN REINGOLD COUNTY ATTORNEY 5 82 coo Carole Jean Jordan, CFC 0 Tax Collector How MAY ERIE HELP You?" MEMORANDUM TO: Joseph A. Baird, County Administrator FROM: Carole Jean Jordan, Tax Coll to SUBJECT: Consent Agenda Item I e�l DATE: August 12, 2013 Please place the following item on the Consent Agenda for the Board of County Commissioners meeting on Tuesday August 20, 2013. The Property Appraiser's office has informed us that due to the scheduling of the Value Adjustment Board hearings, it will be necessary for them to certify the (W 2013 tax roll to us prior to the conclusion of the hearings. Pursuant to Florida Statute 197.323 (see attached excerpt), I am requesting that the Indian River County Board of County Commissioners order the tax roll to be extended prior to the completion of the Value Adjustment Board hearings. The statute gives the Board this authority if completion of the hearings would otherwise be the only cause for a delay in the issuance of tax notices beyond November 1, 2013. Should you have questions or if I may be of any assistance, please feel free to contact me at extension 1337. Thank you for your attention to this matter. P.O. Box 1509, Vero Beach, FL 32961-1509 E-mail: TaxCollector(WCTax.com Website: www.IRCtax.com Phone: (772) 226-1338 Fax (772) 770-5009 83 Statutes & Constitution :View Statutes : Online Sunshine Page 1 of 1 Select Year: 2012 jG � The 2012 Florida Statutes Title XIV Chapter 197 View Entire Chapter TAXATION AND FINANCE TAX COLLECTIONS, SALES, AND LIENS 197.323 Extension of roll during adjustment board hearings.— (1) Notwithstanding the provisions of s. 193.122, the board of county commissioners may, upon request by the tax collector and by majority vote, order the roll to be extended prior to completion of value adjustment board hearings, if completion thereof would otherwise be the only cause for a delay in the issuance of tax notices beyond November 1. For any parcel for which tax liability is subsequently altered as a result of board action, the tax collector shall resolve the matter by following the same procedures used for correction of errors. However, approval by the department is not required for refund of overpayment made pursuant to this section. (2) A tax certificate or warrant shall not be issued under s. 197.413 or s. 197.432 with respect to delinquent taxes on real or personal property for the current year if a petition currently filed with respect to such property has not received final action by the value adjustment board. (W History.—s. 156, ch. 85-342; s. 163, ch. 91-112. Copyright m 1995-2013 The Florida Legislature • Privacy Statement • Contact Us L httn•//1znzrcx710-a data fl nc 84 kw August 20, 2013 Consent INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM To: Members of the Board of County Commissioners Date: July 25, 2013 Subject: Application for Board of County Commissioner Appointee to the Children's Services Advisory Committee (CSAC) (W From: Laura E. Vasquez, Commissioner Assistant — District 2 Notice of a vacancy for the Children's Services Advisory Board Committee Member at Large position was made on July 2, 2013. Attached is a committee application and resume to date with applicant listed below. I would appreciate the Board's review and nomination of the following applicant, Mr. Norman Wells, to fill the vacant position of Member at Large on the Children's Services Advisory Committee. Attachments: Application & Resume of Norman Wells. (W 85 Submit by s-maN +*i print Form 1 r (W Indian River County Application For Committee Appointment Date: July 5,2013 Name: Ngrman Wclls Address: 2576 Cordova Ave State FLORIDA Zip/Postal Cade: 329=60 Holme Phone: Business Phone:772-473-399A Cell Phone: 772-473-3993 llbwyrilali: frontier47@bellsouth.net How long have you been a resident of Indian River County7 as years Are you a full time or part time resident? (select one) Full-Time 0 Part-time Please list current employer or business.If retired,please list any business experience that may be applicable to the committee. Retired.Co-owner of Promote You,LLC. Promotional Products/Custom Embroidery&Campaign Products Company. Please list any licenses you presently hold: Florida State Certified Paramedic,EMT,Class Three Instructor and Fire Inspector 86 sieasie list aby organization of which you are currently a member: ndfar River Exchange Club Please list any other committees or hoards you currently sit on: Select the committee you would like to Serve on. if you are interested in more than one, please number your choices in order of preference. Preference Rating Affordable Housing Advisory Committoo Agriculture Advisory Committee Beach and Shore Preservation Advisory Committee Board of Zoning and Adjustment Children's Services Advisory Committee Code Enforcement Board Community Development Block Grant Citizen Advisory Task Force Construction Boards of Adjustment and Appeals Economic development Council Enterprise Zone Development Agency Environmental Control Hearing Board Indian River County Extension Advisory Council Metropolitan Planning Organization Citizens Advisory Committee Planning and Zoning Commission Tourist Development Council Treasure Coast Regional Planning Council Comprehensive Economic Development Strategy 31e'we return the completed application,along with a current resume,to the Board of County Commission Mice, 1801 27th Street,Vero Beach,FL 32960,or by fax at 772-774-5334. 8 Woman 'Wells 2576 GordovaAvcnue Vern&4cfi,Trorida 32960 C)772-473-3993 PROFESSIONAL GOAL; The objective of this resume is to establish a basis of proof of my abilities and skills in the areas of leadership, decision making, interpersonal relationships, and my commitment to be a positive part of the Children's Services Advisory Council. CAREER RELATED EXPERIENCE: Indian River County Fire Rescue Battalion Chief of Operations (August 1981 —July 3, 2013) Highly administrative position responsible for maintaining standards and conduct along with directing, supervising, and evaluating Fire-Rescue station personnel assigned to shift. Possessed extensive knowledge of: the principles, practices, methods and equipment employed in modern emergency medical services, fire fighting, and protection of life and property related to public safety; the principles and practices of modern emergency services department administration; and the geography of the County, Able to: plan, implement, and modify programs, procedures and actions to ensure compliance to federal, state and.departmental standards and regulations; express ideas clearly and concisely, orally and in writing, to groups and individuals: establish and maintain effective working relationships with pears, co-workers, other employees, and the general public; command respect of subordinates; direct and supervise the work of others; write formal reports; and perceive problems in their earliest state and take appropriate action. Possess excellent overall judgment and dependability. Have skill in: inspecting and assessing apparatus, equipment, and personnel; and in planning, organizing and delegating critical incident operations Promote You,LLC,Vero Beach,Florida Go-Owner&Operator(August 2008—Present) self employed in the Promotional Products/Custom Embroidery & Campaign Products Company. Developed and Implemented Marketing Plan. Assisted with development and implementation of Business Plan. Established customer base. Operated commercial embroidery machine. Processed orders. Ensured exceptional customer service, follow up and timely completion of orders. 88 _ 1 EDUCATION /COMMUNITY INVOLVEMENT: BACHELOR OF SCIENCE; Fire Administration and safety Engineering Technology University of Cincinnati, 1992 ASSOCIATE DEGREE; Fire Science Indian River Community College, 1985 NATIONA FIRE ACADEMY EFO; EXECUTIVE FIRE OFFICER PROGRAM -2009 United State Fire Administration' Emmittsburg , MO FLORIDA STATE CERTIFIED PARAMEDIC, EMT, CLASS THREE INSTRUCTOR AND FIRE INSPECTOR INDIAN RIVER EXCHANGE CLUB— 2010-present SAMARIATAN CENTER BOARD; 2009-2012 INDIAN RIVER FAIR ASSOCIATION BOARD; 2000-2013 References available upon request. (W (W 89 2K CONSENT AGENDA August 20, 2013 (40, INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: July 17, 2013 SUBJECT: Out of County Travel to attend the 2013-14 Florida Association of Counties Legislative Conference FROM: Misty L. Rursel Commissioner Assistant, District 1 Out of county travel is requested for commissioners and staff to attend the 2013- 14 Florida Association of Counties Legislative Conference, in Daytona Beach, (W Florida on November 13-15, 2013. Attachment 90 Home Member Login Directory Calendar of Events Media Relations Site Map Contact Us l._......._......................_..................._.._... _...._....._.._.. ....._..._. About FAC Advocacy Member Services About Florida's Counties Corporate Opportunities Government Jobs Home Member Services Conferences Legislative Conference Ambassador Program Legislative Conference Benefits of Membership Conferences Legislative Day 2013-14 Legislative Conference Annual Conference Policy Committee November 13-15, 2013 Conference Legislative Conference Hilton Daytona Beach- Volusia County Products&Services Publications The FAC Legislative Conference is the final opportunity for the membership and Legislative Policy Committees to meet FACTOR and voice-their opinion on the policies FAC lobbies during the legislative session. On the final day,commissioners vete Online Directory and adopt the final FAC policies. Forums Online Directory Group Registration and hotel information will be released in September 2013. (W • 2012 Legislative Conference Meeting Materials Questions? Registration: Christine Childs at cchilds(cDfl-counties.com Hotel: Kelli Williams at kwilliamstu'D.fl-counties.com CCC Program: Becky Berentsen at bberentsenC&fl-counties.com Sig tip for F kC- Em€ails find.My Legislator Coun-h,N-ebsite Links SUBMIT SEARCH Enter your zip(xxxxx-xxxx) Select a County er Log-in Advocacy M Illl'•L?r it'1 S 7.0:E S About.Flol da`s FOLLOW US ON: odor of Events News&Notes 2013 Legislative Priorities Ambassador Program Counties KE Media Relations 2013 Session Benefits of Membership Site Map Federal Conferences Why Counties Matter Contact Us Finance,Tax and Administration Products&Services County Statistics Wesley's Calendar 91 CONSENT AGENDA 99 AUGUST 20, 2013 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER-OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: August 9, 2013 SUBJECT: Out of County Travel to attend the Florida Association of Counties Policy Committee Conference FROM: Terri Gollins-Lister, Commissioner Assistant District 4 Out of County travel is requested for commissioners and staff to attend the Florida Association of Counties Policy Committee Conference held in Palm Beach County, Florida on September 18-20, 2013. (W Attachment (W 92 Policy Committee Conference Florida Association of Counties Page I of 2 (W Home Member Services Conferences Policy Committee Conference Home Member Login Directory Calendar of Events Media Relations Site Map Contact Us ................. ................. ..... Ambassador Program Policy Committee Conference Benefits of Membership Advocacy. ties Corporate Opportunitie�,�Govemment Jobs egislative Day Z013-14 Annual ConferenceVA& Ambassador Program am Policy CommitteePolicy W012 i Conference Benefits of Membership Legislative Conference Committee Conferences Products&Services Conference 7 Products&Servicesas Publications FACTOR Publications Online Directory FACTOR Online Directory Forums nrinnittee Conference will be held September 18-20 in Palm Beach County at the Online Directory GrouForums p (1001 Okeechobee Blvd,West Palm Beach,FL 33401). This event brings together the FAC Legislative Policy Committees to examine the Association's agenda for the next legislative session. You do not have to serve on a policy committee to attend; all commissioners and county staff are encouraged to register! • CLICK HERE to register online. • CLICK HERE for a preliminary agenda. • CLICK RE8 to print a registration form(it paying with a check). HOTEL INFORMATION FAC's room block at the Marriott West Palm Beach Is now open. Call(800)228-9290 or(561)833-1234 and request the Florida Association of Counties rate of$129 plus applicable taxes. Our room block always fills quickly,so don't delay! A credit card is needed to guarantee your reservation; however,no deposit is required.All cancellations must be received 72 hours prior to arrival. If you fall to cancel your reservation 72 hours prior to arrival or if you are a"no show",your credit card will be charged one night's room and tax. Cut-off Date: Friday,August 16. Reservation requests received after August 16 will be based on availability and prevailing rates. Questions? Registration:Christine Childs at cchilds(cDfl-counties.com Hotel:Kelli Williams at kvAlliams(d).fl-counties.com http://www.fl-counties.com/member-services/conferences/Policy-conmiittee-conference 8/9/2011 2013-14 Policy Committee Conference FLQRIDA Marriott West Palm Beach � c Palm Beach County September 18-20, 2013 Aii'Aboutk7or da Wednesday, September 18 8:15 a.m. — 11:30 a.m. CCC Workshop: Topic TBD Sanibel 10:00 a.m. — 12:00 p.m. Gulf Consortium Regency DE 12:00 p.m. — 1:30 p.m. Lunch (on your own) Regency West (A-D) 2:00 p.m. —6:00 p.m. Registration Desk Open Regency Foyer 1:30 p.m. —3:00 p.m. Federal Committee Sanibel 3:15 p.m. —4:30 p.m. Rural Caucus Regency A-C 3:15 p.m. —4:30 p.m. Urban Caucus Regency E 4:30 p.m. —6:00 p.m. FAC Executive Committee Polo D 4:30 p.m. —6:00 p.m. Fertilizer Workgroup Regency E 6:00 p.m. —7:00 p.m. Welcome Reception Gallery Thursday, September 19 7:45 a.m. —9:00 a.m. Continental Breakfast Regency Foyer 7:30 a.m. —4:30 p.m. Registration Desk Open Regency Foyer 8:00 a.m. — 10:00 a.m. Finance, Tax&Administration Regency East(DE) 10:15 a.m. — 11:45 a.m. Public Safety Regency East(DE) 12:00 p.m. — 1:00 p.m. Luncheon w/Guest Speaker Regency West(A-D) 12:00 p.m. — 1:00 p.m FCF Board/Working Lunch Polo D 1:15 p.m.—3:15 p.m. Growth Management, Agriculture, Environment Regency East(DE) 3:15 p.m. —5:15 p.m. County Medicaid Workgroup Regency East(DE) 4:00 p.m. —6:00 p.m. Board Orientation & Meeting Regency A-C (New and returning board members should attend) 6:30 p.m. —7:30 p.m. Reception Courtyard (Sanibel as back-up) Friday, September 20 8:00 a.m. —9:00 a.m. Continental Breakfast Regency Foyer 8:30 a.m. — 10:30 a.m. Health & Human Services Regency East(DE) L 94 CONSENT AGENDA: 8/20/2013 Q Ofce of INDIAN RIVER COUNTY .. ATTORNEY Dylan Reingold,County Attorney William K.DeBraal,Deputy County Attorney MEMORANDUM TO: B rd of County Commissioners FROM: WWilliam K. DeBraal — Deputy County Attorney THROUGH: Dylan Reingold — County Attorney DATE: August 6, 2013 SUBJECT: Resolution Formally Designating a Portion of County Owned Property Along Oslo Road to 20th Avenue as Right-Of-Way In the course of County staff preparing a boundary survey for the South County Regional Park property, it became apparent that a portion of the park property along Oslo Road to 20th Avenue is being used for right-of-way. In order to avoid any confusion in future years as to the boundary of the South County Regional Park and the right-of-way, staff thought it appropriate to designate the right-of- way by a formal document. The attached resolution has been prepared for this purpose. FUNDING: The only cost associated with this matter will be recording fees for recordation of the resolution in the amount of $35.50. Funding for this expenditure is budgeted and available in Account No. 31521072-066510-03028 Optional Sales Tax/Parks/South County Intergenerational Facility. RECOMMENDATION: Adopt the attached resolution, and authorize the Chairman to execute same for recordation in the Public Records of Indian River County, Florida. nhm AWoved Date Attachment �j �• 1 :-PROVED ROVED FOR - �iud9et NcEET! — CONS fliENDA tJept. /3 - - BRISK Mgr. - 95 COUNTY ATTORNEY (W RESOLUTION NO. 2013= A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, FORMALLY DESIGNATING CERTAIN COUNTY OWNED PROPERTY FOR OSLO ROAD RIGHT-OF-WAY, AND DIRECTING THE PROPERTY APPRAISER TO CUT OUT THE PROPERTY DESIGNATED AS RIGHT-OF-WAY FROM THE PARENT PARCEL OF PROPERTY KNOWN AS THE SOUTH COUNTY REGIONAL PARK. WHEREAS, under the threat of condemnation Edmund N. Ansin and Ronald M. Ansin conveyed to Indian River County property now known as the South County Regional Park; said conveyance was recorded on May 1, 1989 in O.R. Book 829 at Page 2333 of the Public Records of Indian River County, Florida; and WHEREAS, recently in the course of preparing a boundary survey for the South County Regional Park, it became apparent that a portion of the park property along Oslo Road to 20th Avenue is being used as right-of-way; and WHEREAS, a sketch and legal description of the right-of-way have been prepared and are attached hereto as Exhibit"A"; and WHEREAS, it would be beneficial to designate by a recorded instrument the County's designation of this right-of-way so that the Indian River County Property Appraiser can earmark the property as right-of-way on the appropriate maps, as well as cut out the designated right-of-way from the parent parcel of the L 1 96 RESOLUTION NO. 2013- (W South County Regional Park property, thus alleviating any potential boundary issues that may surface in the future, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1. That portion of the South County Regional Park property running along Oslo Road to 20th Avenue, as described and depicted on the attached Exhibit "A," is hereby formally designated as right-of-way; and 2. This resolution shall be recorded in the Public Records of Indian River County, Florida; and 3. Upon the recordation of this Resolution, the Indian River County (W Property Appraiser is instructed to cut out the designated Oslo Road right-of-way as depicted and described on the attached Exhibit "A" from the parent parcel of the South County Regional Park property, and accordingly earmark any maps within the Property Appraiser's Office to reflect this designation. The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher Vice Chairman Wesley S. Davis Commissioner Tim Zorc Commissioner Peter D. O'Bryan Commissioner Bob Solari (aw 2 97 RESOLUTION NO. 2013-_ (W The Chairman thereupon declared the resolution duly passed and adopted this 20th day of August, 2013. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Joseph E. Flescher, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: APPROVED AS TO FORM Deputy Clerk AND LEGAL S FFI tENCY BY WiLLiA K.DEBRAAL DEPUTY COUNTY ATTORNEY (W (w 3 98 0 100 200 400 I o 11 72 40'1 Z I o r Ig n nN �� � TRACT 1 5 I a' .I N 1 N WI MI3 o 1 m GRAPHIC SCALE €oo aol oN I oaa loa1z SOUTH COUNTY REGIONAL PARK SCALE: i"=200' In w 1 I- INDIAN RIVER COUNTY IIx o O I 1 i 33-39-23-00001-0100-00001.0 Q 1 Q O wo p --g irn 31Wn 1 �I� SZr'� a 2 WN 3 = 1 1 n 1 = 40' 1 W M LOT R(W LINEI-o E PROPOSED R W LINE -—_ _ a cV X O NN P.O.C. N and SW CORNER OF SE 1/4 I Io p PB 22, r o PB 22, o PB 22, o SECTION 23 40,10 PG 24 OSLO ROAD SOUTH LINE SECTION 23 dG TRACT 15 PG 24 '� _ _ PG 24 - — o — — — — '— — — —;� — — — — — —o CANAL »E_B., — — — — — — — — - -- I.R.F_W.M.D. n I.R.F.W.M.D. -- M�— - ----- - i --M - –T---__-- R�W I LINE I 70 R/W LINE RB 0143 i IA PLAT IA i I PLAT t I IPG 2035; ' m�,,3 1 a L6 BUN K 0 rn a vi OSLO TRADE CENTER UNPLATTED OSLO PARK UNIT 2, PB 4, PG 13 ORB 1485, PG 2545 LEGAL DESCRIPTION (RIGHT-OF-WAY) A PORTION OF THOSE LANDS LYING IN THE SOUTHEAST 1/4 OF SECTION 23, TOWNSHIP 33 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 0 THE NORTH 80 FEET OF THE SOUTH 130 FEET OF TRACT 15, SECTION 23, TOWNSHIP 33 SOUTH, RANGE 39 EAST ACCORDING TO THE LAST GENERAL PLAT OF THE LANDS OF THE INDIAN RIVER FARMS COMPANY RECORDED IN PLAT BOOK 2, PAGE 25 OF THE PUBLIC RECORDS OF. ST. LUCIE COUNTY, FLORIDA (NOW INDIAN RIVER COUNTY), LESS AND EXCEPT THE WEST 40 FEET THEREOF. TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL: COMMENCE AT THE.SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 23, AND RUN EASTERLY, 7 ALONG THE SOUTH LINE OF SAID SECTION 23, A DISTANCE OF 40 FEET TO A POINT; THENCE, LEAVING SAID SECTION LINE, RUN NORTHERLY, PARALLEL WITH THE WEST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 23, A DISTANCE OF 50 FEET TO THE INTERSECTION OF THE.EXISTING NORTH RIGHT-OF-WAY LINE OF OSLO ROAD (PER PB 22, PG 24 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA) AND THE EXISTING EAST RIGHT-OF-WAY LINE OF 20TH AVENUE (PER ORB a 175, PG 635 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA); THENCE CONTINUE NORTHERLY, ALONG SAID EAST RIGHT-OF-WAY LINE OF 20TH AVENUE, A DISTANCE OF 80 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTHERLY, ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 40 FEET TO A POINT; o THENCE, LEAVING SAID RIGHT-OF-WAY LINE, RUN SOUTHEASTERLY A DISTANCE OF 56.6 FEET, MORE OR LESS, TO A POINT LYING 130 FEET NORTH OF THE SOUTH LINE OF SAID SECTION 23, AND 80 FEET EAST OF THE WEST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 23; THENCE RUN WESTERLY, PARALLEL WITH AND 130 FEET NORTH OF THE SOUTH LINE OF SAID SECTION 23, A DISTANCE OF 40 FEET TO THE POINT OF BEGINNING. LEGEND NOTES W TOGETHER CONTAINING 800 SQUARE FEET, MORE OR LESS. 1. THIS SKETCH AND DESCRIPTION IS NOT VALID WITHOUT I.R.F.W.M.D.=INDIAN RIVER FARMS z THE SIGNATURE AND ORIGINAL RAISED SEAL OF THE FLORIDA WATER MANAGEMENT DISTRICT x REGISTERED SURVEYOR AND MAPPER NAMED HEREON. ORB=OFFICIAL RECORD BOOK CERTIFICATION PB=PLAT BOOK SURV Y RAN ER IN RESPONSIBLE CHA GE 2. THIS SKETCH AND DESCRIPTION MEETS OR EXCEEDS ALL PG=PAGE 7/J APPLICABLE REQUIREMENTS OF THE MINIMUM TECHNICAL P.O.B.=POINT OF BEGINNING STANDARDS AS ESTABLISHED IN CHAPTER 5J-17, FLORIDA P.O.C.=POINT OF COMMENCEMENT DATE ADMINR/W=RIGHT-OF-WAY DAVD W. SCHR E S.M. FLORIDA REGISTRATIO NO. LS 4864 SEC=SECTION 9 INDIAN RIVER COUNTY SURVEYOR AND MAPPER THIS IS NOT A BOUNDARY SURVEY—SKETCH TO .ACCOMPANY LEGAL DESCRIPTION I DRAWN BY: SECTION 23 SHEET NDIAN RIVER COUNTY ADMINISTRATION BUILDING INDIAN RIVER COUNTY RI LEGAL DESCRIPTION 1801 27th STREET B. ROACH 1 VERO BEACH, FL 32960 Department of Public Works APPROVED BY: TOWNSHIP 33S OSLO ROAD AT / (772) ss7-6000 , Engineering Division D. SCHRYVER RANGE 39E SOUTH COUNTY REGIONAL PARK DF 1 CONSENT: 8120/13 2P Ofce of INDIAN RIVER COUNTY ` ATTORNEY Dylan Reingold,County Attorney William K DeBraal,Deputy County Attorney MEMORANDUM TO: rd of County Commissioners FROM: llliam K. DeBraal - Deputy County Attorney THROUGH: Dylan Reingold — County Attorney (> DATE: August 5, 2013 Y SUBJECT: Resolution Cancelling Taxes on Property Acquired by the City of Sebastian to Become Part of the City's Park System A Resolution has been prepared for the purpose of cancelling any delinquent or current taxes which may exist on the following property acquired by the City of Sebastian: Property acquired from A. Marshall Licht and fully described in that certain Warranty Deed recorded in Book 2688, Pages 1487-1499 of the Public Records of Indian River County, Florida for use by the City of Sebastian as part of its park system. FUNDING: There is no cost associated with this item. RECOMMENDATION: Authorize the Chairman of the Board of County Commissioners to execute the attached Resolution to cancel certain taxes upon publicly owned lands, and the Clerk to send a certified copy of same to the Tax Collector and the Property Appraiser so that any delinquent or current taxes can be cancelled. /nhm Attachments: letter request Resolution an :taRr Ca�ApGroved Date cc: Carole Jean Jordan-Tax Collector ¢ r. min. i I ✓ David Nolte-Property Appraiser Legal Al Minner—City Manager, City of Sebastian hh Budget APPROVED FOR -dl C) `l,� B.C.0 MEETING - OONSE QDA Risk Mgr. - 100 C[TYOF E j%, /) JUL 2 5 2013 C�UtV Qiw 7QFCCE RNEy S �'A HOME OF PELICAN ISLAND 1225 MAIN STREET ■ SEBASTIAN, FL 32958 (772) 589-5330 July 22, 2013 Ms. Nancy Mossali Legal Assistant Indian River County Administration 1801 27th Street, Building A Vero Beach, FL 32960 RE: Parcel #31381300002223000014.0 Dear Ms. Mossali: The City of Sebastian recently acquired the referenced parcel to become part of the City's park system. Therefore,ed to cancel all d valo em taxes that the necessary resolution be prep for this parcel. If you should need any additional information, please feel free to contact me. Re pec Ily, ner Ci anager AM/jt Enclosure 101 Parcel#31-38-13-00002-2230-00014.0 Acquired from: A. Marshall Licht Public Purpose: City of Sebastian's park system Location: Lot 14, Block 223, Sebastian Highlands Unit 8 (922 Rose Arbor Drive, Sebastian, FL 32958) RESOLUTION NO. 2013- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, (W governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed 1 102 RESOLUTION NO. 2013- to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: Any and all liens for taxes delinquent or current against the following described lands acquired for public use as the City of Sebastian's park system are hereby cancelled pursuant to the authority of section 196.28, F.S. See attached Warranty Deed describing lands, recorded in O.R. Book 2688 at Pages 1487-1499, Public Records of Indian River County, Florida. The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Joseph E. Flescher, Chairman Wesley S. Davis, Vice Chairman Commissioner Tim Zorc Commissioner Peter D. O'Bryan Commissioner Bob Solari (aw 2 103 RESOLUTION NO. 2013- The Chairman thereupon declared the resolution duly passed and adopted this da of August, 2013. p Y 9 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Joseph E. Flescher, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Tax Certificates Outstanding yes no Current Prorated Tax Received and t 3A Deposited with Tax Collector $ 1 55 (W APPROVED AS TQ FOR AND L L S FFI BY WILLIAM K.DE RAAL DEPUTY COUNTY ATTORNEY 3, 104 3120130046792 RECORDED 1N •1'HL REC ORJ)S OF JEFFREY K.SMITH,CLERK Ur'C:1KC:U11'UUUKI'LVLIAN IUVEK UU YL BK: 2688 PG: 1487,7/22/2013 7:57 AM D DOCTAX PD$0.70 (W PamenDNnmber: 31.-38-Z-3-00002-2230-00014/0 Warranty Deed This Indentlwe, Made this aw U day of $1013 AD., Between A. Marshall Licht of the County of L4 5 ezw-&S , State of �� � ,grantor, and city of Sebastian whose address is: of the County of State of T /" —"" — ,grantee. 'witnesseth that the GRANTOR,for and is consideration of the sum of ----------------------------TEN DOLLARS ($10)--------------------------- DOLLARS, and other good and valuable consideration to GRANTOR in hand paid by GRANTS 3, the receipt whereof is hereby acknowledged,_ has granted,bargained and sold to the said GRANITE and GRANTEE'S heirs, successors and assigns fo we; the following described land,situate, lying and besng'in&o CqunV of Indian River State of-Florida to wit: Lot 14, Block 223, Sebastian Highlands Tinit• 8, according to the map or plat thereof,' As xecorded in Plat Book 6, Page(s) 9 through 14, inclusive, of the'.Publie Records of Indian River. County, Florida. Grantor(s) further warrant that the above described property is not their (W homestead. Subject to all valid restrictions, reservations, easements and zoning of record. and the grantor does.hereby fatly warrant the title to said land, and will defend the same against hwfol claims of all persons whomsoever. In'9Atness Whereof, the grantor has hereunto set his band and seal the day and year fist above written. Signed,sealki and eliyered in our presence: t (Seal) Printeii Ame: Amr— Marshall Licht by Ji6fi Licht POA � P.O.Address: r JUAN C.VILLALOVOSk COMM.#1980260 ed Name: NOTARY PUBLIC-CAUFORNIAG) witness COMM. ANGELES COUNTY O COMM.EXPIRES JUNE 27.2016 j STATE OF �e3 COUNTY LOS day a ofby 'ilio foregoing instrument w wAmwiedged before me this Y A. Marshall Licht by Janet Licht POA who is personally known to moor who has produced his driver's license as identification 105 BK: 2688 PG: 1488 LW RECORDING REQUESTED BY: ) JILL BROUSARD ) HARDEE&BROUSARD ) 5150 E. Pacific Coast Hwy,Ste 200 ) Long Beach,CA 90804 ) AND WHEN RECORDED ) MAIL TO: } A.Marshall Licht ) 8624 Wonderland Avenue ) Los Angeles,CA 90046 )for recorder's use Allan Marshall Edward Licht a.k.a.A.Marshall Licht,principal to Janet Licht,agent: DURABLE POWER OF ATTORNEY AND NOMINATION OF CONSERVATOR TO PERSON EXECUTING THIS DOCUMENT: THIS IS AN IMPORTANT LEGAL DOCUMENT. IT CREATES A DURABLE POWER OF ATTORNEY.BEFORE EXECUTING THIS DOCUMENT, YOU SHOULD KNOW THESE IMPORTANT FACTS. 1. THIS DOCUMENT MAY PROVIDE THE PERSON YOU DESIGNATE AS YOUR ATTORNEY IN FACT WITH BROAD POWERS TO MANAGE YOUR FINANCIAL AFFAIRS, INCLUDING THE AUTHORITY TO MANAGE,DISPOSE OF,SELL, CONVEY,AND ENCUMBER YOUR REAL AND PERSONAL PROPERTY,TO USE YOUR PROPERTY AS SECURITY IF YOUR AGENT BORROWS MONEY ON YOUR BEHALF; AND TO TAKE ACTIONS TO CARRY OUT YOUR ESTATE PLAN 2. THIS DOCUMENT DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL AND OTHER HEALTH CARE DECISIONS FOR YOU. 3.THIS DOCUMENT DOES NOT GIVE YOUR AGENT THE POWER TO ACCEPT OR RECEIVE ANY OF YOUR PROPERTY IN DPOA of Allan Marshall Edward Licht a.k.a.A.Marshall Licht PAGE 1 106 BK: 2688 FG: 1489 TRUST OR OTHERWISE,AS A GIFT,UNLESS YOU SPECIFICALLY AUTHORIZE THE AGENT TO ACCEPT OR RECEIVE A GIFT. 4. THESE POWERS WILL EXIST FOR AN INDEFINITE PERIOD OF TIME UNLESS YOU LMT THEIR DURATION IN THIS DOCUMENT. THESE POWERS WILL CONTINUE TO EXIST NOTWITHSTANDING YOUR SUBSEQUENT DISABILITY OR INCAPACITY. 5.YOU HAVE THE RIGHT TO REVOKE OR TERMINATE THIS DURABLE POWER OF ATTORNEY AT ANY TIME. 6. YOUR AGENT HAS NO DUTY TO ACT UNLESS YOU AND YOUR AGENT AGREE OTHERWISE 1N WRITING. TO WHOM IT MAY CONCERN: Allan Marshall Edward Licht, a.k.a.A. Marshall Licht(the principal),presently a resident of Los Angeles County,California,hereby appoints Janet Licht,(the agent)as the principal's true (W and lawful attorney in fact for the principal. REVOCATION AND AMENDMENT OF POWER OF ATTORNEY The Principal revokes all prior durable or general powers of attorney that the Principal may have executed(except any Power of Attorney for Healthcare)and the Principal retains the right to revoke or amend this instrument and to substitute other persons in the Agent's place. Amendments to this instrument shall be made in writing by the Principal personally(not by the Agent),attached to the original of this instrument and recorded in same county or counties as the original if the original is recorded. The Agent is authorized to take the following actions for the Principal and in the Principal's name,place and stead: AUTHORITY OVER REAL PROPERTY I. To manage, control,lease,sublease,and otherwise act concerning any real property which the principal may own,collect and receive rents or income therefrom;pay taxes, charges,and assessments on the same;repair,maintain,protect,preserve,alter,and improve the same;to commit the Principal's resources and contract on the Principal's behalf regarding the same;and to do all things necessary or expedient to be done in the agent's judgment in DPOA of Allan Marshall Edward Licht a.k.a.A.Marshall Licht PAGE 2 107 BK: 2688 FG: 1490 (W connection with the property. 2. To grant,sell,transfer,convey,mortgage,deed in trust,pledge, and otherwise encumber and deal in all property,real and personal,that the principal may own,including but not limited to any real property described on any exhibit attached to this instrument, and including property acquired after execution of this instrument;to attach exhibits to this instrument which provide legal descriptions of any such property;and to execute such instruments as the agent deem9 proper, specifically including but not limited to the power to do the following: a. Represent the Principal in negotiations for the sale of the real property owned by the Principal,including but not limited to entering into listing agreements with brokers or other Agents regarding such sale. b. Execute,acknowledge and deliver contracts of sale,escrow instructions, deeds,covenants,agreements,assignments of agreements,and all other documents needed with respect to the sale of the real property described in this instrument. 3. To purchase real property on the principal's behalf;to mortgage,pledge,or (W otherwise encumber such newly acquired property;to commit the resources of the principal with respect to purchase of such property;to do all acts and execute all documents necessary for the purchase of such property; and to otherwise generally deal in all respects and have all powers described in this power of attorney with respect to such property. AUTHORITY OVER ACCOUNTS AND SAFE DEPOSIT BOXES 4. To deposit in and draw on any checking, savings,agency,or other accounts which the principal may have in any banks,savings and loan associations,and any accounts with securities brokers or other commercial institutions,and to establish and terminate all such accounts. 5. To have access to all safe deposit boxes in the principal's name or to which the principal is an authorized signatory;to contract with financial institutions for the maintenance and continuation of safe deposit boxes in the principal's name;to add to and remove the contents of all such safe deposit boxes;and to terminate contracts for all such safe deposit boxes. AUTHORITY OVER CREDIT CARDS 6. To use any credit cards in the principal's name to make purchases and to sign charge slips on behalf of the principal as may be required to use such credit cards; and to close the DPOA of Allan Marshall Edward Licht a1c a.A.Marshall Licht PAGE 3 108 BK: 2688 PG: 1491 (W principal's charge accounts and terminate the principal's credit cards under circumstances where the agent considers such acts to be in the principal's best interest. INVESTMENT AUTHORITY 7. To invest and reinvest the principal's funds in every kind of property,real, personal,or mixed,and every kind of investment,specifically including,but not limited to, corporate obligations of every kind;preferred or common stocks;shares of investment trusts, investment companies,and mutual funds;mortgage participations;that,under the circumstances then prevailing(specifically including but not limited to the general economic conditions and the principal's anticipated needs)persons of skill,prudence, and diligence acting in a similar capacity and familiar with those matters would use in the conduct of an enterprise of a similar character and with similar aims,to attain the principal's goals; and to consider individual investments as part of an overall plan. AUTHORITY TO COLLECT ASSETS,COMPROMISE CLAIMS,AND LITIGATE 8. To demand,sue for,and collect all sums of money,debts,accounts,legacies, bequests,interest,dividends,annuities, and demands that are now or may later become due or payable to the Principal,including any benefits payable by any governmental body or agency (such as Supplemental Social Security(SSI),Medi-Cal,Medicare and Social Security Disability Insurance(SSDI)(for purposes of receiving Social Security benefits,the Agent is hereby appointed as the Principal's Representative Payee)),and to compromise claims for such assets and grant discharges for such assets in the Principal's name. 9. To prosecute or defend actions, claims,or proceedings for the protection of the Principal's property,including the power to renew,extend,compromise,arbitrate, adjust and settle or lease(with or without consideration)any claim,debt or obligation that is held by or asserted against the Principal or the Principal's property or that affects such property;to foreclose, extend the time of payment for,assign,partially release,or discharge mortgages,deeds of trust, security interests,and other liens,and with respect to deeds of trust,to execute subordination, acreage or lot releases,and requests for partial or full reconveyance. PERSONAL CARE PROVISIONS 10. To do all things and enter into all transactions necessary to provide for the Principal's personal care,to maintain the Principal's customary standard of living,to provide suitable living quarters for the Principal, and to hire,compensate,and discharge household, nursing,and other employees as the Agent considers advisable for the Principal's well being. The above shall specifically include but not be limited to the authority to procure and pay for clothing,transportation,recreation,travel,medicine,medicinal care,food,and other needs and to make arrangements and enter into contracts on behalf of the Principal with hospitals,hospices, DPOA of Allan Marshall Edward Licht a.k.a.A.Marshall Licht PAGE 4 109 BK: 2688 PG: 1492 (W nursing homes,convalescent homes and similar organizations. 11. To employ and discharge physicians,dentists,nurses,therapists,and other professionals as the Agent may deem necessary for the Principal's physical,mental and emotional well-being and to pay them reasonable compensation. The Agent may also employ and discharge barbers,beauticians,housekeepers,secretaries,and others who are not health care professionals and pay them reasonable compensation. 12. - To make and-pay for advance funeral,cremation,or other burial arrangements for the Principal as directed by the Agent under the principal's Advanced Healthcare Directive, for which payments the Principal's Agent is hereby released from any and all liability,if the Principal has not already completed that process,in accordance with the Principal's expressed Wishes,if known, or in the Principal's best interest if his/her wishes are not known. AUTHORITY OVER GOVERNMENTAL BENEFITS 13. To apply for and make any elections required for payment of governmental benefits to which the Principal may be entitled,to take possession of all such benefits, and to distribute such benefits to or for the Principal's benefit. AUTHORITY OVER INSURANCE 14. To purchase and maintain insurance on the Principal's life and property or the life and property of any third person when the principal has an insurable interest. The Agent may pay all insurance premiums from the Principal's assets and may borrow money on the Principal's behalf in order to pay for insurance. The Agent may pursue insurance claims on the Principal's behalf and may decrease or increase coverage under any insurance policy or cancel any policy and receive on the Principals behalf any cash proceeds on termination. The Agent may also borrow against policies on the Principal's life and repay loans against such policies as the Agent considers in the Principal's best interest. The Agent is authorized to apply for and make any elections required for payment of insurance benefits to which the Principal may be entitled,to take possession of all such benefits, and to distribute such benefits to or for the Principal's benefit. AUTHORITY OVER ANNUITIES 15. To purchase,maintain, surrender,collect,withdraw funds from,incur penalties and surrender charges from, cancel,modify,rescind,release,terminate,or exchange any annuity contract procured by the Principal or the Agent. The Agent may also do the following: DPOA of Allan Marshall Edward Licht a.k.a.A.Marshall Licht PAGE 5 110 BK: 2688 PG: 1493 (W A. Collect,sell, assign,hypothecate,borrow on,or pledge the Principal's interest in an annuity contract; B. Procure new,different,and additional contracts of annuities for the Principal and the Principal's spouse,children and other dependents and select the amount,type of annuity and mode of payment; C. Continue,modify,rescind,release,or terminate a contract procure by the Principal or on the Principal's behalf that provides an annuity to either the Principal or another person,whether or not he is a beneficiary under the contract. D. Pay proceeds or otherwise compromise or contest and apply for refunds in connection with a tax or assessment levied by a taxing authority with respect to a contract of insurance or annuity or its proceeds or liability accruing by reason of the tax or assessment. E. Change the beneficiary of an annuity contract,although the Agent may not be designated a beneficiary. The Agent may continue to be a beneficiary as long as he is already named as a beneficiary under a contract procured by the Principal while having legal capacity to do so. AUTHORITY OVER RETIREMENT ACCOUNTS (W 16. To establish one or more Individual Retirement Accounts(IRAs)and employee benefits plans(including a plan for a self-employed individual)on the Principal's behalf;to contribute to any IRA or plan held in the Principal's name; to roll over or direct transfers of plan. benefits into other retirement plans or RRA accounts at the same company or at another company; to manage the accounts;to withdraw from any account without limitation;to select or change payment options;to apply for and make any elections under any IRA or employee benefit plan in which the Principal is a participant,including elections required for payment of any and all types of employee benefits to which the Principal may be entitled;to take possession of all such benefits;and to distribute such benefits to or for the Principal's benefit. The Agent shall not have the power to designate and change beneficiaries. AUTHORITY OVER ESTATE AND TAX PLANNING 17. To prepay or postpone property taxes,income taxes or other taxes. The Agent pay or postpone deductible expenses,sell or postpone the sale depreciated assets in order to preserve availability of tax losses,and otherwise manage the tax efficiency of the Principal's property and business transactions. The Agent may also borrow such sums as the Agent finds necessary for the proper management of the Principal's property,including but not limited to tax and estate planning matters,and to mortgage,convey by deed of trust,grant security interests in, DPOA of Allan Marshall Edward Licht aka.A.Marshall Licht (W PAGE 6 111 BK: 2688 PG: 1494 ti (W or otherwise encumber any real or personal property now or hereafter owned by the Principal, whether acquired by the Principal or the Agent. 18. To prepare and file all income and other federal and state tax returns which the principal is required to file;to sign the principal's name on tax returns,including Forms(e.g., IRS 1040,FTB 540);hire preparers and advisors and pay for their services; and to do whatever is necessary to protect the principal's assets from assessments for income taxes and other taxes. The agent is specifically authorized to receive confidential information;to receive checks in payment of any refund of taxes,penalties,or interest;to.execute waivers(including offers of waivers)of restrictions on assessment or collection of tax deficiencies and waivers of notice of disallowance of claims for credit or refund;to execute consents extending the statutory period for assessment or collection of taxes;to execute closing agreements under Internal Revenue Code section 7121,or any successor statute; and to delegate authority or substitute another representative with respect to all above matters. 19. To-make gifts on the principal's behalf to a class composed of the principal's children,any of their issue,or both to the full extent of the federal annual gift tax exclusion under Internal Revenue Code section 2503(b)or any successor statute,and for such purposes to remove the principal's assets from any grantor revocable trust of which the principal is a grantor. 20. To transfer assets to and remove assets from any and all revocable living trusts of which the principal is or becomes a settlor. (W 21. To make direct payments to the provider for tuition and medical care for the principal's issue under Internal Revenue Code section 2503(e)or any successor statute that excludes such payments from gift tax liability. 22. To execute and deliver disclaimer under Internal Revenue Code§2518 and California Probate Code §§260-295 or any successor statute. AUTHORITY TO EMPLOY PROFESSIONAL ADVISERS 23. To employ and discharge any accountants, attorneys,investment counsel,real estate broker,property managers,bookkeepers,consultants,custodians,auditors,appraisers,or any other professionals that the Agent deems reasonably necessary for the proper management and protection of the Principal's affairs,for the maintenance of proper accounts and records,and for advise in carrying out the Agent's duties and responsibilities under this instrument. Without limiting the foregoing,the Agent is authorized to employ investment managers,investment agents,or other investment specialists as the Agent deems necessary or desirable. Specifically, the Agent is authorized to appoint an investment manager to manage all or any part of the Principal's assets and to delegate to such manager investment discretion that is not inconsistent with the Agent's duties under this instrument or applicable law. Such appointment may include DPOA of Allan Marshall Edward Licht alta.A.Marshall Licht PAGE 7 112 BK: 2688 PG: 1495 the power to acquire and dispose of assets without first obtaining the Agent's consent. The Agent may pay reasonable compensation to any such professionals hired by the Agent from the Principal's assets. Any compensation paid to such professionals may be taken into consideration in determining the reasonableness of any compensation taken or requested by the Agent. The foregoing provisions are not intended to relieve the Agent of the duty to exercise reasonable care and prudence in selecting,employing and supervising any such professionals. AGENT'S GENERAL ADMINISTRATIVE AND ENFORCEMENT AUTHORITY 24. To do, execute,and perform any other act,deed,matter,or thing,that in the opinion of the agent ought to be done, executed,or performed in conjunction with this power of attorney,of every kind and nature,as fully and effectively as the principal could do if personally present.The enumeration of specific items,acts,rights,or powers in this instrument does not limit or restrict, and is not to be construed or interpreted as limiting or restricting,the general. powers granted to the agent except where powers are expressly restricted. The Agent is authorized to commence enforcement proceedings,at the Principal's expenses, against any bank,credit unions,financial institutions,or other person or entity that. fails or refuses to honor this durable power of attorney. 25. To seek appropriate court orders mandating acts that the Agent deems appropriate if a third party refuses to comply with actions taken by the Agent that are authorized by this instrument or enjoining acts by third parties that the Agent has not authorized. In addition,the Agent may sue a third party who fails to comply with the actions the Principal has authorized the Agent to take and may demand damages,including punitive damages,on the Principal's behalf for such noncompliance. AGENT'S COMPENSATION 26. To be entitled to fair and reasonable compensation for services rendered as Agent under this instrument. In determining what constitutes"fair and reasonable"compensation,the following factors may be considered: (1)the time spent by the.Agent in administering the Principal's affairs; (2)the Principal's net worth;(3)the nature of the assets subject to the Agent's control;and(4)the fees charged by professional fiduciaries acting in the same or similar capacities under similar circumstances. In addition to compensation for services,the Agent shall be entitled to reimbursement for all out-of-pocket expenses incurred in administering the Principal's affairs,including without limitation reasonable travel expenses,including land and air transportation,lodging, and meals. AUTHORITY NOT GRANTED TO AGENT 27. Regardless of any other possible language to the contrary in this instrument,the DPOA of Allan Marshall'Edward Licht a.k.a.A.Marshall Licht PAGE 8 113 BK: 2688 FG: 1496 (W agent is specifically NOT granted the following powers: (a)To use the principal's assets for the agent's own legal obligations,including but not limited to support of the agent's dependents; (b)To exercise any trustee powers under an irrevocable trust of which the agent is a settlor and the principal is a trustee;and (c)To exercise incidents of ownership over any life insurance policies which the principal owns on the agent's life. THIRD PARTY LIMPTS ON LIABILITY 28. The agent's signature under the authority granted in this power of attorney may be accepted by any third party or organization with the same force and effect as if the principal were personally present and acting on the Principal's own behalf.No person or organization that relies on the agent's authority under this instrument shall incur any liability to the principal,the principal's estate,heirs,successors, or assigns,because of reliance on this instrument. The Principal's estate,heirs,successors, and assigns shall be board by the Agent's acts under this power of attorney. 29. Any third party from whom the agent may request inforination,records,or other (W documents regarding the principal's personal affairs may release and deliver all such information, records,or documents to the agent.The principal hereby waives any privilege that may apply to release of such information,records,or other documents. 30. No person who relies on any representation on the Agent may make regarding(a) the fact that the powers of the Agent are then in effect; (b)the scope of the Agent's authority under this instrument; (c)the Principal's competency at the time this instrument is executed;(d) the fact that this instrument has not been amended,terminated,or revoked;or(e)the fact that the Agent continues to serve as the Principal's Agent shall incur any liability to the Principal,the Principal's estate,or the Principal's heirs, successors,assigns for permitting the Agent to exercise any power granted in this instrument,nor shall any person who deals with the Agent be responsible to determine or ensure the proper application of funds or property. POWER OF ATTORNEY NOT AFFECTED BY PRINCIPAL'S INCAPACITY 31. This power of attorney shall not be affected by the Principal's subsequent incapacity. The Principal declares that the Principal understands the importance of this durable power of attorney,recognizes that the Agent is granted broad power to hold,administer,and control the Principal's assets,and recognizes that-this durable power of attorney will become effective immediately on execution and will continue indefinitely until specifically revoked or DPOA of Allan Marshall Edward Licht aka.A.Marshall Licht (W PAGE 9 114 BK: 2688 PG: 1497 (W terminated by death,even if the Principal later becomes incapacitated. NOMINATION OF CONSERVATOR OF PERSON AND ESTATE 32. If a conservatorship of the principal's person or estate or both is deemed necessary,the principal hereby nominates Janet Licht as conservator of the principal's person and estate. On the appointment of a conservator of the principal's estate,this power of attorney shall terminate and the agent shall deliver the assets of the principal under the agents control as directed by the conservator of the principal's estate. 33. In transacting business on behalf of the Principal,the Agent shall sign documents in the following way: A.Marshall Licht,l y Janet Licht,his attorney-in-fact WITNESS WHEREOF,the principal has sigj*sle "ofattomeyat (W A.Marshall Licht The undersigned acknowledges and accepts appointment as Agent and agrees to serve as Agent under this durable power of attorney. Dated: 2012 '4ii4d— Janef Licht DPOA of Allan Marshall Edward Licht a.k.a.A.Marshall Licht (W PAGE 10 115 BK: 2688 PG: 1498 (W I am a lawyer authorized to practice law in the State where this power of attorney was executed,and the principal was my client at the time when this power of attorney was executed. I have advised my client concerning his rights in connection with this power of attorney and the applicable law and the consequences of signing or not signing this power of attorney, and my client,after being so advised,has executed this power of attorney. Date: JILL BROUSARD,Attorney at law 5150 E.Pacific Coast Hwy,Suite 200 Long Beach,CA 90804 562-346-3203 (W DPOA of Allan Marshall Edward Licht aka.A.Marshall Licht PAGE 11 116 BK: 2688 PG: 1499 (W State of California ) County of ,, I ) On 11ftJC `(/D r �lZ before me, , Notary Public,personally appeared Allan Marshall Edward Licht who proved to me on the basis of satisfactory evidence to be the person(A)whose name(s)is/are subscribed to the within instrument and acknowledged to me thatke/shokhey executed the same in his/lterftheir- authorized capacity(), and that by his/heBWieir signature(:)on the instrument the person($),or the entity upon behalf of which the personw acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. JI L BROUSARD Commisslon#t 1891453 Notary Public-Calitornia z Los Angeles County s M Comm.Ex fres Jun 7,2014 Notary Public (W DPOA of Allan Marshall Edward Licht a.k.a.A.Marshall Licht PAGE 12 117 CONSENT: 8/20/13 , r Ofce of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold,County Attorney William K.DeBraal,Deputy County Attorney MEMORANDUM TO: o A of County Commissioners FROM: illiam K. DeBraal - Deputy County Attorney THROUGH: Dylan Reingold, County Attorney Qe DATE: August 6, 2013 SUBJECT: Resolutions Canceling Taxes on Properties Acquired by the City of Fellsmere for the Benefit of the Municipal Water System Three Resolutions have been prepared for the purpose of cancelling any current fir, ad valorem taxes which may exist on properties acquired by the City of Fellsmere for the benefit of the municipal water system. It is noted the City of Fellsmere has paid all delinquent taxes for these properties, and no funds are required to be deposited into escrow for the current pro-rated taxes because the amounts for each property fall below the established threshold. These properties are further described below: 194 S. Mulberry Street, Fellsmere, FL 32948 Tax Parcel No. 31-37-00-00010-0290-00012.0 Lots L, M, N and O, Block 29, Replat of Town of Fellsmere 1042 Lincoln Street, Fellsmere, FL 32948 Tax Parcel No. 31-37-00-00004-0020-00053.0 Lot 53, Block 2, Hall, Carter and James Subdivision 1044 State Street, Fellsmere, FL 32948 Tax Parcel No. 31-37-00-00005-0050-00112.0 Lots 112 and 113, Block 5, Hall, Carter and James Subdivision FUNDING: There is no cost associated with this item. r,alan (liver Ca Approved Date Admin. Legal ROVED FOR —� 1 Budget B.C.0 MEETI - C AGENDA ( Devi. — 118 RECOMMENDATION: (W Authorize the Chairman of the Board of County Commissioners to execute the attached Resolutions to cancel ad valorem taxes upon these publicly owned lands, and the Clerk to send a certified copy of each Resolution to the Tax Collector and Property Appraiser so that the ad valorem taxes can be cancelled. /nhm Attachments: Letter Requests Resolutions cc: Carole Jean Jordan -Tax Collector David Nolte- Property Appraiser Warren W. Dill, City Attorney, City of Fellsmere (W L 2 119 s 10 CJ im el �r el June 26,2013 Indian River County Attorney's Office ATTN:Nancy Mossali,Legal Assistant 180127'a Street Vero.Beach,Florida 32960 RE:George A.Fogarty,et.a1 1044 State Street,Fellsmere Parcel II)No.31-37-00-00005-0050-00112.0 Our File No.: 12-060 Dear Nancy: The City of Fellsmere has received the enclosed Certificate of Title for the above referenced property. There are outstanding tax certificates for the years 2011 and 2012, which the City will be paying. The City requests that the County cancel the taxes for 2013 and take this property off the tax roll for future years. Pursuant to the Constitution of the State of Florida Article VII Section 3(c) "all property owned by a (W municipality and used exclusively by it for municipal or public purposes shall. be exempt from taxation". Section 196.28(1) F.S. provides in relevant part "The board:of county commissioners of each county of the state be and it is:hereby given full power and authority to cancel and dischar:.ge.airy anti all liens for taxes, delinquent or current,held or owned by the county or the state,upon lands,heretofore or hereafter, conveyed to, or acquired by any ... municipality of the. state, ••• for road purposes; defense purposes, recreation, reforestation or other public use;and said lands shall be exempt from county taxation so long as the same.are used for such public purposes This property will be used exclusively by the C.ity.for municipal or public purposes for the benefit of the City as a whole. This property was acquired through the foreclosure of a water lien and as such the ultimate public purpose will be for the benefit of the municipal water system. Please advise if there is anything else the City needs to do to have this property removed from the tax rolls. Ve/ry/truly yours, Warren W.Dill City Attorney WWD/jib Enclosures cc:Jason R.Nunemaker,City Manager(w/encl) Larry W.Napier,Director of Finance(w/encl) w:kNygfle7LrmrxtfrarerliexJorecJasw+rsVfogmf}:g,,p 12.o604orngwnde.e.,wpwwy6.26.13:dw 22 South Orange Street Felismere, Florida 32948-6740 Phone: 772-571-1616 Fax: 772-S71-8615 120 Parcel#31-37-00-00005-0050-00112.0 1044 State Street, Fellsmere, FL 32948 (W Lots 112 and 113, Block 5, Hall, Carter and James Subdivision acquired via foreclosure of a water lien (Fogarty) public purpose: used exclusively by municipality for the benefit of the municipal water system RESOLUTION NO. 2013- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens (W for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; 121 RESOLUTION NO. 2013- NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: Any and all liens for taxes delinquent or current against the following described lands, which were acquired by the City of Fellsmere for use by the municipality for the benefit of the municipal water system, are hereby cancelled pursuant to the authority of section 196.28, F.S. See attached Certificate of Title to City of Fellsmere, Florida describing lands, recorded in Book 2682 at Page 726, Public Records of Indian River County, Florida. The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher Vice Chairman Wesley S. Davis Commissioner Tim Zorc Commissioner Peter D. O'Bryan Commissioner Bob Solari (W 2 122 RESOLUTION NO. 2013- The Chairman thereupon declared the resolution duly passed and adopted this day of August, 2013. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Joseph E. Flescher, Chairman ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By: Deputy Clerk (W Tax Certificates Outstanding Yes No Current Prorated Tax Received and Deposited with Tax Collector $ APPROVED AS TO OR AND EGAL FF 1 WILLIAM K.DEBRAAL DEPUTY COUNTY A'T ORNFY 3 123 3120130041912 RECORDED IN THE RECORDS OF JEFFREY R.SMITH,CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 2682 PG: 726,6/26/2013 1:05 PM D DOCTAX PD$0.70 0 IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY,FLORIDA CITY OF FELLSMERE,FLORIDA, ) a municipal corporation created pursuant ) to the laws of the State of Florida; ) Plaintiff, ) -vs- ) Case No.:312012CA002300 Judge:Cynthia L.Cox GEORGE A.FOGARTY;ET AL. ) Defendants. ) CERTIFICATE OF TITLE The undersigned,JEFFREY R. SMITH,Clerk of the Court certifies that he executed and filed a Certificate of Sale in this action on June 13,2013 for the property in Indian River County, Florida described herein: Lots 112 and 113, Block 5, HALL, CARTER AND JAMES (W SUBDIVISION, a subdivision plat of Fellsmere Farms Company Lot 1353, in Township 31 South, Range 37 East, according to the Plat thereof as recorded in Plat Book 2, Page 98, of the Public Records of Indian River County,Florida. Address: 1044 State Street,Fellsmere,Florida 32948 And that no objections to the sale having been filed within the time allowed for filing objections the property was sold to CITY OF FELLSMERE, FLORIDA, a municipal corporation created pursuant to the laws of the State of Florida, whose address is 22 S. Orange Street, Fellsmere, Florida 32948. WITNESS my hand and official seal of this Court on the day of June 2013. ,•�``�CPO NTY,C' '1FREY R.SMITH,as Clerk of the Court U: . - y. �'���i'••••...• + �� R Depu Jerk ` .```�� 124 BK: 2682 PG: 727 (W CERTIFICATE OF SERVICE The undersigned certifies that a copy hereof has been furnished by mail on this—day of June 2013 to: George A. Fogarty, 4812 Cheval Blvd., Lutz, Florida 33558; Vanderbilt Mortgage and Finance, Inc. c/o Its Registered Agent, CT Corporation System, 1200 South Pine Island Road,Plantation,Florida 33324 and County Attorney's Office,Indian River County, 1801 276 Street,Vero Beach,Florida 32960. County Clerk (W 125 ' 1 el mt ' el June 26,2013 Indian River County Attorney's Office ATM NancyMossali,L$gal Assistant 1-80127l Street Vero Beach,Florida 32900 cr RE:Huston H.Judah;Jr.,tt al./1044 State Street,Fellsmere 4- W r 011 `= Parcel 111)No.3-1-37-00�-.00010-0290-00012.0 QOur File No.: 12-058 S Ca Lt.. e L 1 r ' 'r c J Dear Nancy: The City of Fellsmere has received the enclosed Certificate of Title for the above referenced property. There are outstanding tax certificates for the years 2009 through 2012,which the City will be paying. The City requests that the County cancel the taxes for 2013 and take this property off the tax roll for future years. Pursuant to the Constitution of the State of Florida Article VII Section 3(c) "all property owned by a municipality and used exclusively by it for municipal or public purposes shall be exempt from taxation". Section 196.28(1) F.S. provides inrelevant part"The board of county commissioners of each county of the state be and it is hereby given full power and authority to cancel and discharge any and all liens for taxes, delinquent or current,.held or owned by the county or the state,upon lands, heretofore or hereafter, conveyed to, or acquired by any. municipality of the state, ••• for .road purposes, defense purposes; recreation, reforestation or other public use;and said lands shall be exempt from county taxation so long.as the some are used for such public purposes". This property will be used exclusively by the City for municipal or public purposes for the benefit,of the City as a whole. This property was acquired through the foreclosure of a water lien and as such the ultimate public purpose will be for the benefit of the municipal water system. Please advise if there is anything else the City needs to do to have this property removed from the tax rolls. Very truly yours, zlillll� Warren W.Dill City Attorney WWDrIb Enclosures cc:Jason R.Nunemaker,City Manager(w/encl) (w Larry W.Napier,.Director of.Finance(w/encl) w:kJryojjtlhmmiwahr lien forcdwvreslJudak hVen And baton 12-0581c�ncawrmp nmxy 6.1613.dnc 22 South orange Street Fellsmere, Florida 32948-6740 Phone: 772-57.1-1616 Fax: 772-571-8615 126 Parcel#31-37-00-00010-0290-00012.0 194 S. Mulberry Street, Fellsmere, FL 32948 Lots L, M, N and O, Block 29, Replat of Town of Fellsmere acquired via foreclosure of a water lien (Judah) public purpose: used exclusively by municipality for the benefit of the municipal water system RESOLUTION NO. 2013- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are.authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; 127 RESOLUTION NO. 2013- NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: Any and all liens for taxes delinquent or current against the following described lands, which were acquired by the City of Fellsmere for use by the municipality for the benefit of the municipal water system, are hereby cancelled pursuant to the authority of section 196.28, F.S. See attached Certificate of Title to City of Felismere, Florida describing lands, recorded in Book 2682 at Page 728, Public Records of Indian River County, Florida. The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher Vice Chairman Wesley S. Davis Commissioner Tim Zorc Commissioner Peter D. O'Bryan Commissioner Bob Solari 2 128 RESOLUTION NO. 2013- The Chairman thereupon declared the resolution duly passed and adopted this day of August, 2013. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Joseph E. Flescher, Chairman ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By: Deputy Clerk (W Tax Certificates Outstanding Yes No Current Prorated Tax Received and Deposited with Tax Collector $ APPROVED AS TO FORE! AND L GAL SU FIC BY ' WILLIAM k.DEBRAAL DEPUTY COUNTY ATTORNEY 3 129 3120130041913 RECORDED IN THE RECORDS OF JEFFREY R.SMITH,CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 2682 PG: 728,6/26/2013 1:07 PM D DOCTAX PD$0.70 I IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY,FLORIDA CITY OF FELLSMERE,FLORIDA, } a municipal corporation created pursuant ) to the laws of the State of Florida; ) Plaintiff, ) -vs- ) Case No::312012CA002309 Judge:Cynthia L.Cox HUSTON H.JUDAH,JR.;ET AL., ) Defendants. ) CERTIFICATE OF TITLE The undersigned,JEFFREY R. SMTFH,Clerk of the Court certifies that he executed and filed a Certificate of Sale in this action on June 13,2013 for the property in Indian River County, I Florida described herein: Lots L,M,N and O,Block 29,REPLAT OF TOWN OF FELLSMERE, (W according to the Plat thereof as recorded in Plat Book 8, Page 5, Public Records of Indian River County,Florida. Together with one(1) 1978 Guerden mobile home with the Identification Number of GDWSGA51771587. Address: 194 South Mulberry Street,Fellsmere,Florida 32948 And that no objections to the sale having been filed within the time allowed for filing objections the property was sold to CITY OF FELLSMERE, FLORIDA, a municipal corporation created pursuant to the laws of the State of Florida, whose address is 22 S. Orange Street, Fellsmere, Florida 32948. &day of June 2013. WI'T'NESS my hand and official seal of this Court on the i �'� ..•••••••. kNTREY R.SMITH,as Clerk of the Court oJ.'" car oG •may$ �'•,.. 0F eP y Clerk 71,E,e C013 �n,�nrtunntu►`�� (W 130 BK: 2682 PG: 729 (W CERTIFICATE OF SERVICE The undersigned certifies that a copy hereof has been fiunished by mail on this—day of June 2013 to: Huston Judah, Jr. and Karen Judah, 8020 96d' Avenue, Vero Beach, Florida 32967;Indian River County Florida,Board of County Commissioners, County Attorney's Office, 1801 27h Street, Vero Beach, Florida 32960 and State of Florida Department of Revenue, Marshall Stranburg, Interim Executive Director, 2450 Shumard Oak Blvd, Tallahassee, Florida 32399. County Clerk i 131 el June 26,2013 Indian River County Attorney's Office. ATTN:NancylvMossali,.Legal Assistant 180127x'Street Vero Beach,Florida 32900 RE: Stonecrest Income and Opportunity,et a)./1042 Lincoln Street,Fellsmere Parcel 103 No.31-37-00-00.004-0020-00053.0 Our File No,;: 12-0-53 Dear Nancy: The City of.Fellsmere has received the enclosed Certificate of Title for the above referenced property. There is an outstanding tax certificate for the year 2011,which the City will be paying. The 2012.taxes were paid. The City.requests that the County cancel the taxes for 2013 and take this property off the tax roll for future years. Pursuant to.the Constitution of the State of Florida Article VII Section 3(b)."all property owned.by a municipality and used eicclusivelyby it for .municipal or public purposes shall be. exempt from taxation".. Section 196.28.(1)F.S. provides in relevant part"The board of county commissioners of each.county of the state be and it is hereby.given full power and authority to cancel and discharge any and all liens for taxes, delinquent or current,held or owned by the county or the state, upon lands, heretofore or hereafter, conveyed to, or acquired by any ••• municipality of the state, •-- for road purposes, defense purposes, recreation, reforestation or other public use;and said.lands shall be exempt from county taxation so long as the same are used for such public purposes".. This property will be used exclusively by the City for municipal or public purposes for the benefit of the City as a whole.. This property was acquired through the foreclosure of a water lien and as such the ultimate public purpose will be for the benefit of the municipal water system. Please advise if there is anything else the City needs to do to have this property removed from the tax rolls. Very ttruully yours, Warren W.Dill City Attorney WWDTjIb Enclosures cc:Jason R.Nunemaker,City Manager(wlencl) Larry W.Napier,Director of Finance(w/enol) (W w.%dVofjeRceerelwnrerpefmdwwvA%1ooer,el2.OJ31oorresppwuluwakorreapnwV6-i643.doe 22 South Orange Street Fellsmere, Florida 32948-6740 Phone: 772-571-1616 Fax: 772-571-8615 132. Parcel#31-37-00-00004-0020-00053.0 1042 Lincoln Street, Fellsmere, FL 32948 (W Lot 53, Block 2, Hall, Carter and James Subdivision acquired via foreclosure of a water lien (Stonecrest Income &Opportunity Fund I, LLC) public purpose: used exclusively by municipality for the benefit of the municipal water system RESOLUTION NO. 2013- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES UPON PUBLICLY OWNED LANDS, PURSUANT TO SECTION 196.28, FLORIDA STATUTES. WHEREAS, section 196.28, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all liens for taxes, delinquent or current, held or owned by the county or the state, upon lands heretofore or hereafter conveyed to or acquired by any agency, governmental subdivision, or municipality of the state, or the United States, for road purposes, defense purposes, recreation, reforestation, or other public use; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the public use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed (, to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.28, F.S.; 133 RESOLUTION NO. 2013- NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: Any and alf liens for taxes delinquent or current against the following described lands, which were acquired by the City of Fellsmere for use by the municipality for the benefit of the municipal water system, are hereby cancelled pursuant to the authority of section 196.28, F.S. See attached Certificate of Title to City of Fellsmere, Florida describing lands, recorded in Book 2682 at Page 724, Public Records of Indian River County, Florida. The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher Vice Chairman Wesley S. Davis Commissioner Tim Zorc Commissioner Peter D. O'Bryan Commissioner Bob Solari L 2 134 ,, RESOLUTION NO. 2013- The Chairman thereupon declared the resolution duly passed and adopted this day of August, 2013. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Joseph E. Flescher, Chairman ATTEST: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller- By: Deputy Clerk (W Tax Certificates Outstanding Yes No Current Prorated Tax Received and Deposited with Tax Collector $ APPROVED AS TO F AND SU ICi , BY WILLIAMK,DES DEPUTY COUNTY ATTORNEY 3 135 3120130041911 RECORDED IN THE RECORDS OF JEFFREY R.SMITH,CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 2682 PG: 724,6/26/2013 1:03 PM D DOCTAX PD$0.70 IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY,FLORIDA CITY OF FELLSIVIERE,FLORIDA, ) a municipality corporation created pursuant ) to the laws of the State of Florida; ) Plaintiff, ) -vs- ) Case No.:312012CA002290 Judge:Cynthia L.Cox STONECREST INCOME&OPPORTUNITY ) FUND I,LLC,A CALIFORNIA ) LIMITED LIABILITY COMPANY; ) AND OTHER UNKNOWN OCCUPANTS, ) Defendants. ) CERTIFICATE OF TITLE The undersigned,JEFFREY R. SMITH,Clerk of the Court certifies that he executed and filed a Certificate of Sale in this action on June 13,2013 for the property in Indian River County, (W Florida described herein: Lot 53, Block 2,Hall,Carter&James Subdivision,according to the Plat thereof, as recorded in Plat Book 3,Page 2,of the Public Records of St. Lucie County, Florida; said lands now lying and being in Indian River County,Florida. i Property Address: 1042 Lincoln Street,Fellsmere,Florida 32948 And that no objections to the sale having been filed within the time allowed for filing objections the property was sold to CITY OF FELLSMERE, FLORIDA, a municipal corporation created pursuant to the laws of the State of Florida, whose address is 22 S. Orange Street, Fellsmere, Florida 32948. tK WITNESS my hand and official seal of this Court on the.26L day of June 2013. ,pIN1r1111ph �.`�g000Njy'�ay JEFFREY R.SMITH,as Clerk of the Court U tJl By. Deputy Jerk II.IIIIII11.1.1•• 13 BK: 2682 PG: 725 CERTIFICATE OF SERVICE The undersigned certifies that a copy hereof has been furnished by mail on this_day of June 2013 to: Stonecrest Income&Opportunity Fund I,LLC,c/o its Registered Agent,Incorp Services,Inc., 17888 671'Court North,Loxahatchee,Florida 33470 and Unknown Occupant n/k/a Sam Hernandez, 1042 Lincoln Street,Fellsmere,Florida 32948. County Clerk i (W 13 ghis is to cert that M,,4,,r-o Ad 51\ Mary 2: 9Cightower is hereby presented this Retirement Award for outstanding performance and faithfulservice to Indian River County Board of County Commissioners For thirty-five years of service On this 31st day of luly 2013 -Lid"l Zito joseph E T&SCher Assistant CountyAdministrator Board ofCounty Commiss7 r, Chairman �1 T� , r PROCLAMATION , f HONORING MARY T. HIGHTO HER ON HER RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF GENERAL SERVICESIPARKS DIVISION WHEREAS, Mary T. Hightower retired from Indian River County Parks Division effective July 31, 2013; and WHEREAS, Mary T Hightower began her career with Indian River County on July 25, 1978, as a Maintenance Worker in the Parks Division. She was promoted March 30, 2001, to Senior Maintenance Worker, which is the position she held until her retirement; and ---_, = - --= �iffi,��3—.�►�r =l-�Fitghto-w�r It when it was established within the Public Works Department and served in that capacity with the utmost professionalism; and WHEREAS,Mary T. Hightower has served this'County and the Public with distinction and se 7essness During her THIRTY-FIVE years of service, she has seen many changes Mary has always taken great pride in her work and has been a positive influence on other employees She set the standard for others to follow. She was dedicated and her work was greatly appreciated by the employer, citizens and.co- workers alike; and t NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds Mary T. Hightower's efforts on behalf of the County, and the Board wishes to express.their appreciation for the dedicated service she has given to Indian River County for the last THIRTY FIVE years; and BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes for success in her future endeavors Adopted this 20th day of August 2013. �V BOARD OF COUNTY COMMISSIONERS INDIANRIVER COUNTY, FLORIDA r seph E. Flescher, Chairman 1 INDIAN RIVER COUNTY, FLORIDA (W MEMORANDUM TO: Joseph A. Baird; County Administrator DED ARTMENT HEAD CONCURRENCE: Robert M. Keating, ICP; Co unity Development Director FROM: Stan Boling, AICP; Planning Director DATE: August 1, 2013 SUBJECT: Pulte Group's (DiVosta Homes) Request to Modify the Waterway Village DRI Development Order to Require Biennial Rather than Annual Project Status Reports It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of August 20, 2013. (W DESCRIPTION & CONDITIONS: On November 9, 2004, the Board of County Commissioners adopted a development order(D.O.) approving the development of regional impact(DRI)known as Waterway Village. Since 2004,the D.O.has been amended twice. In 2010,it was amended to address project vesting for concurrency, to update traffic conditions,and to update the project master plan. In 2012,it was amended to delete the requirement for a"safe room"within each residential unit. In 2011,pursuant to state legislation known as HB 7207,the legislature granted all DRIB a four year extension to D.O.condition dates relating to project phasing,project build-out,and D.O.expiration. As amended and extended, the Waterway Village D.O. will remain in effect until December 31, 2028. While in effect, the D.O. governs the general development of the entire project via specific D.O. conditions and approved application materials that include the project master plan. As approved,the D.O.allows 1,596 residential units,community recreation improvements including clubhouses,and up to 20,000 sq. ft. of neighborhood commercial building area. Although the D.O. allows for 1,596 units, the approved conceptual PD plan allows only 1,501 residential units, 95 fewer units than the D.O. On behalf of the Pulte Group (successor to DiVosta Homes), Attorney Bruce Barkett has filed a request to amend a current requirement within the D.O.for the developer to file annual project status reports each year with the County, the Treasure Coast Regional Planning Council (TCRPC), and (W various state departments (see attachment #1). Although Indian River County and the TCRPC typically require an annual report to be filed,Florida Statutes require the filing of a status report only F:\Community Development\CurDev\BCC\2013 BCC\Waterway Village NOPC BCC report.doc 1 140 every other year (see attachment #2). Under the Pulte Group's subject request, no changes are (W proposed to the number of residential units or amount of non-residential development. Because the subject request is consistent with state statute,the TCRPC has advised,and the State has agreed, that the request can be considered by the Board of County Commissioners and does not require review through the formal Notice of Proposed Change (NOPC) process. Furthermore, TCRPC staff and State Department of Economic Opportunity staff have indicated that they have no objection to the County approving the request. The BCC is now to consider the request and approve, approve with modifications, or deny the attached resolution amending the Waterway Village development order(D.O.). ANALYSIS: In Florida, Developments of Regional Impact (DRIs) are governed by Florida Statutes Chapter 380.06. That statute requires DRI developers to file biennial reports and allows for project development orders (D.O.) to require more frequent filings (e.g. annual report). In 2004,the BCC adopted a D.O.for the Waterway Village DRI that included a requirement that the project developer file an annual report with the county and other jurisdictional agencies. That annual report requirement was recommended by the TCRPC and county staff. In addition, the Waterway Village D.O. specifies requirements for the contents of each annual report. Those specific report items include information about yearly development activity,number of units permitted and C.O.'d, development plan changes, and compliance with D.O. conditions and permit conditions including jurisdictional environmental permits. Beginning in November 2005, the developer submitted annual reports,and the annual report requirement is still in effect. Since approval of the Waterway Village DRI,staff's experience has been that the annual report was beneficial during the initial years of the Waterway Village development when the bulk of the on-site and the off-site improvements and the environmental mitigation were required. In addition, the annual reports aided county staff(as well as the developer and other agencies)in verifying the status of project compliance with jurisdictional agency permit requirements and conditions. Now that most project conditions have been satisfied and development activities are more routine, staff believes that the filing of a full report on an annual basis is no longer necessary. In staff's opinion,the only annual information needed to monitor the project,especially with respect to traffic conditions tied to number of building permits, is the number of residential units within the project for which building permits have been issued. With a condition that the developer provide an updated residential unit count each year, county staff has no objection to changing the D.O. to require a biennial report. The attached resolution is structured to require the project developer to file a biennial report,rather than an annual report, with the same level of information provided. In addition, the resolution, as structured, will require a biennial report to be filed on November 1, 2014 and every other year thereafter. Also, the resolution adds D.O. condition number 86, a condition which will require the developer to notify county staff with an updated project unit count on November 1"of each year that a biennial report is not required. FACommunity Deve1opment\CurDev\BCC\2013 BCC\Waterwav Villaee NOPC BCC reoort.doc , 141 In this case, staff supports adoption of the attached resolution, which is also supported by the (W applicant/project developer. RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt the attached resolution amending the Waterway Village DRI development order to allow for the filing of biennial status reports. ATTACHMENTS: 1. Request From Pulte Group 2. Florida Statutes 380.06(18) 3. Correspondence from TCRPC 4. Correspondence from DEO 5. Resolution Amending Waterway Village Development Order Indian River Co, Ap2roved Date APPROVED AGENDA ITEM: Admin. $ /S l23 Legal $ 9 FOR: OJ Budget �z BY: Dept. All k� Risk Mgr. (W U 142 P\C'nmmnnity neve1nnment\0nrnev\RCC:\2013 RCC\Waterwav Villnae NOW.RCC r?nnrt Anr � Collins, Brown, Caldwell, Barieitt, Garavaglia & Lawn (W BRUCE D.BARKETT 1 CHARTERED 1 BOARD CERTIFIED CONSTRUCTION LAW LISA THOMPSON BARNES CALVIN B.BROWN ATTORNEYS AT LAW 2 BOARD CERTIFIED REAL ESTATE 7 BOARD CERTIFIED BUSINESS LITIGATION GEORGE G.COLLINS,JR.2 1 MASTER OF LAWS TAXATION JANET CARNEY CROOM '-',a 756 BEACHLAND BOULEVARD,VERO BEACH,FLORIDA 32963 MICHAEL J.GARAVAGLIA e POST OFFICE BOX 3686,VERO BEACH,FL 32964-3686 5 MASTER OF LAWS REAL PROPERTY DEVELOPMENT RONALD KEITH LAWN 4.0 6 MASTER OF LAWS ESTATE PLANNING AND ELDER LAW CERTIFIED CIRCUIT MEDIATOR TELEPHONE: T72-23i-4343 NICHOLAS L.BRUCE'o 9 ALSO ADMITTED IN AR AARON V.JOHNSON FACSIMILE:772-234-5213 9 ALSO ADMITTED IN DC AND SC C.DOUGLAS VITUNAC EMAIL:CBC O@VEROLAW.COM . WEBSITE:WWW.VEROLAW.COM 10 ALSO ADMITTED IN GA 11 WILLIAM W.CALDWELL,OF COUNSEL ALSO ADMITTED IN THE COMMONWEALTH OF STEVEN L.HENDERSON,OF COUNSEL Z THE BAHAMAS April 8, 2013 ,Qolq1. �� xt 7 i 2013 i .?�itIl[3�311II� - I Plamting Director Indiaa River County 1801271h Street Vero Beach, FL 32960 RE. Waterway Village DRI:Request to amend Development Order to require Biennial Status Reports Le Dear Stan: Please accept this letter on behalf of the Pulte Group, as successor to DiVosta Homes, L.P., to amend the Waterway Village Development Order to require Biennial Status Reports instead of Annual Status Reports. The applicant requests that this application be processed as a non-substantial amendment to the Development Order pursuant to Section 380.06(19)(e)2.1., Florida Statutes, which provides that any change to a Development Order which is determined not to create the likelihood,of additional regional impact shall be considered a non-substantial amendment. If considered a non- substantial amendment under this statutory subsection. the ?nplicant is not required to fle a Notice of Proposed Change, but simply requires the applicant to file an application to the local government to amend the Development Order in accordance with the local government's proo-dures for amendment of a Development Order. See Section 380.06(19)(e)2. We have attached a copy of the proposed Resolution, formatted with strikethroughs and underlines of the proposed changes. In further support of this application, the applicant notes that Section 380.06(18), Florida Statues, contemplates biennial reports for developments of regional impact generally. It goes on to slate that Development Orders which require annual reports may be amended to require biermial reports at the option of the local government. In this case, during the early phases of the proje::t, annual reports were logical to monitor development of the infrastructure; issuance of permits from other agencies; dedications of sites, rights-of-way, and easements, and other ATT-AwM REAL PROPERTY LAW&REAL ES WE CLOSINGS,PLANNING,ZONING,LAND USE LAWWILLS,S ESWE PANNING CMFd L&BUSINESS TRIAL PRACTICE . CORPORE&BUSINESS ORGAN V CONSTRUCTION LAW- INSURANCE LAW. HFAI TH 1 nw. —1— ,.n,my..,.. ..—.—.. Stan Boling April 8, 2013 (W Page 2 improvements; and similar"early development'requirements. At this time, however, there is no reason to require Annual Reports which are largely repetitive and which are not necessary to avoid impacts to state or regional infrastructure or resources. We appreciate your consideration of this application, and we are also enclosing our appl vat ori fee in the amount of 3200.00. Please let me know if anything else is required at this time. Very truly yours, Bruce Bar kett (W For the Firm BB:bb Encl. cc: Michael Busha D. Ray Eubanks Michael Hueniken A-MCHMENT 1 144 Collin., Brown, CaMwell, Barlret4, Garavaglia &Lawn (W BRUCE D.BARKETT CHARTERED 1 BOARD CERTIFIED CONSTRUCTION LAW LISA THOMPSON BARNES 5.11 CALVIN B.BROWN ATTORNEYS AT LAW 2 BOARD CERTIFIED REAL ESTATE GEORGE G.COLLINS,JR._ d BOARD CERTIFIED BUSINESS LITIGATION JANET CARNEY CROOM 1.7.8 756 BEACHLAND BOULEVARD,VERO BEACH,FLORIDA 32963 4 MASTER OF LAWS TAXATION MICHAEL J.GARAVAGLIA 6 POST OFFICE BOX 3686,VERO BEACH,FL 32964-3686 5 MASTER OF LAWS REAL PROPERTY DEVELOPMENT RONALD KEITH LAWN 4.0 6 MASTER OF LAWS ESTATE PLANNING AND ELDER LAW T CERTIFIED CIRCUIT MEDIATOR : 772-231-4343 NICHOLAS L.BRUCE IC TELEPHONE6 ALSO ADMITTED IN AR AARON V.JOHNSON FACSIMILE:772-234-5213 6 ALSO ADMITTED IN DC AND SC C. DOUGLAS VTTUNAC EMAIL:CBC@VEROLAW.COM • WEBSTTE:WWW.VEROLAW.COM 70 ALSO ADMITTED IN GA WILLIAM W.CALDWELL,OF COUNSEL 11 ALSO ADMITTED IN THE COMMONWEALTH OF p STEVEN L.HENDERSON,OF COUNSEL= May 28,2013 THE BAHAMAS CERTIFIED MAIL RETURN RECEIPT REQUESTED D. Ray Eubanks Department of Economic Opportunity 107 East Madison Street Caldwell Building Tallahassee,FL 32399-4120 RE: Waterway Village DRI request to amend Development Order to permit biennial status reports instead of annual status reports Dear Mr. Eubanks: On April 8, 2013 I copied you with the attached letter to Stan Boling, Planning Director, Indian River County, which was a request by the Pulte Group, as successor to DiVosta Homes, to amend the Waterway Village Development Order to require biennial status reports instead of annual status reports. I checked on the status of the application with Mr. Boling and he indicated that he has yet to hear from your office. Would you kindly review the attached correspondence and proposed Resolution and provide your comments to Mr. Boling so that this matter may proceed? The substance of the request may be summarized as follows: Annual reporting on this DRI is not necessary to avoid impacts to state or regional infrastructure or resources. Thank you for your immediate attention to this matter. Very truly ours, Bruce Barkett For the Firm BB:bb Encl. . cc: Stan Boling Michael Hueniken REAL PROPERTY LAW&REAL ESTATE CLOSINGS,PLANNING,ZONING,LAND USE LAW. WILLS,TRUST IS.ESTATE PLANNING CML&BUSINESS TRIAL PRACTICE CORPORATE&BUSINESS ORGANIZATION CONSTRUCTION LAW. INSURANCE LAW. HEALTH LAW. PERSONAL INJURY AND WRONGFUL DEATH . CRIMINAL. PROBATE&TRUST ADMINISTRATION. FAMILY LAW 145 LW Florida Statutes 380.06(18) (18) BIENNIAL REPORTS.—The developer shall submit a biennial report on the development of regional impact to the local government, the regional planning agency, the state land planning agency, and all affected permit agencies in alternate years on the date specified in the development order, unless the development order by its terms requires more frequent monitoring. If the report is not received, the regional planning agency or the state land planning agency shall notify the local government. If the local government does not receive the report or receives notification that the regional planning agency or the state land planning agency has not received the report, the local government shall request in writing that the developer submit the report within 30 days. The failure to submit the report after 30 days shall result in the temporary suspension of the development order by the local government. If no additional development pursuant to the development order has occurred since the submission of the previous report, then a letter from the developer stating that no development has occurred shall satisfy the requirement for a report. Development orders that require annual reports may be amended to require biennial reports at the option of the local government. (W (W 2 146 From: Peter G. Merritt[mailto:pmerritt@tcrpc.org] Sent: Friday, April 12, 2013 10:05 AM To: Stan Boling Cc.: Michael Busha; Liz Gulick; Stansbury,James; 'Barkett, Bruce' Subject: RE: Waterway Village DRI Request for Biennial Rather Than Annual Reports Sta n, Council staff has reviewed the proposed request to amend the Waterway Village DRI Development Order to require Biennial Status Reports instead of Annual Status Reports. Council agrees that this change may be processed as a non-substantial amendment pursuant to Section 380.06(19)(e)2.1 and does not require filing a Notice of Proposed Change application. Please contact me if you have any questions. Peter Peter G. Merritt, Ph.D. Assistant Director Treasure Coast Regional Planning Council 421 SW Camden Avenue Stuart, FL 34994 772-221-4060 pmerritt@tcrpc.org g� cam3 147 Rick Scott GOVERNOR D Jesse Panuccio (W EXECUTIVE DIRECTOR FLORIDA DEPARTMENTaf ECONC)MIC OPPORTUNITY July 16, 2013 Mr. Bruce Barkett Collins, Brown, Caldwell, Barkett,Garavaglia&Lawn Post Office Box 3686 Vero Beach, Florida 32964-3686 RE:Waterway Village Development of Regional Impact(File No.ADA-10-2004-003) —Non-substantive Modification Dear Mr. Barkett: We have received your letter of May 28,2013,asking for our assistance in determining whether the changes proposed for the Waterway Village Development of Regional Impact can be reviewed pursuant to Section 380.06(19)(e)2.1., Florida Statutes(F.S.).The proposed resolution would amend the development order to require biennial status reports rather than annual status reports. The Department, in consultation with Indian River County and the Treasure Coast Regional Planning Council agrees that biennial status reports are allowed pursuant to Section 380.06(18), F.S.The Department considers the change in reporting similar in impacts to the changes enumerated in sub- paragraphs 380.06(19)(e)2.a-j, F.S.,and do not create the likelihood of any additional regional impacts. Thus, pursuant to sub-paragraph 380.06(19)(e)2.1, F.S.,the proposed change does not require the filing of a Notice of Proposed Change. The change to the development order should be considered in accordance with local procedures, including requirements for notice to your client and the public. The changes can either be denied,based on the County's comprehensive,plan and land development regulations,or adopted with or without conditions. Following adoption, the revised development order should be rendered to the state land planning agency. If you have any questions, please contact Laura Regalado, Planning Analyst, at 850- 717-8508. Sincerely, r C Mike McDaniel Comprehensive Planning manager MM/Imr CC: Mr.Stan Boling, Planning Director, Indian River County Mr. Michael Busha,AICP, Executive Director,Treasure Coast Regional Planning Council Florida Dcl)artmant of Iicrrtunnic Opportunity t'• ,.ildwcll Buil(lin;; ' I07 li. Jfadisrm titn•ct 'I'allahas.c•c, I'J,32399 866.1:1,;1?3d5 ; 850.245.7101 850.921.3223 Itae jvww.f1oridaioI) ori, ' www.twit Ier•cl>nt'FIA)I () www.facrbnul:.cctm'l l l)I O "Actr 4 148 RESOLUTION 2013- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER (` COUNTY, FLORIDA, MAKING FINDINGS OF FACT AND CONCLUSIONS OF LAW Or PERTAINING TO WATERWAY VILLAGE, A DEVELOPMENT OF REGIONAL IMPACT, AND CONSTITUTING THIS RESOLUTION AS AN AMENDMENT TO THE DEVELOPMENT ORDER BY INDIAN RIVER COUNTY IN COMPLIANCE WITH LAW; AND PROVIDING FOR AN EFFECTIVE DATE. FINDINGS OF FACT WHEREAS, DiVosta Homes, L.P. ("DiVosta") filed a Development of Regional Impact Application for Development Approval ("ADA") in accordance with Section 380.06 Florida Statutes; and WHEREAS, on November 9, 2004, the Indian River County Board of County Commissioners approved the Waterway Village Development of Regional Impact and issued a Development Order under Resolution 2004-137; and WHEREAS, the Developer is in the process of constructing up to 1,596 residential dwelling units, community recreation improvements, and up to 20,000 square feet of neighborhood commercial uses together constituting the Waterway Village Development of Regional Impact; and WHEREAS, on May 11, 2010, the Indian River County Board of County Commissioners approved an amended and restated Development Order under Resolution 2012-037; and WHEREAS, on April 11, 2012, the Indian River County Board of County Commissioners approved an amendment to the restated Development Order under Resolution 2012-029; and WHEREAS, at this time, the Development Order requires the Developer to submit annual reports, pursuant to Section 380.06(18), Florida Statutes; and WHEREAS, Section 380.06(18), Florida Statutes specifies that development orders which require annual reports may be amended to require biennial reports at the option of the local government; and WHEREAS, the Developer has requested that the Development Order be amended to require biennial reports, instead of annual reports, in accordance with Section 380.06(18), Florida Statutes; and WHEREAS, the Board of County Commissioners as the governing body of Indian River County, having jurisdiction pursuant to Chapter 380, Florida Statutes, is authorized and empowered to amend the Development Order to require biennial reports instead of annual reports; and WHEREAS, the Board of County Commissioners of Indian River County has determined that amending the Development Order to require biennial reports instead of annual reports will not create the likelihood of any additional local or regional impact; and CODING: Underline: Additions Strife threto:Deleted Text F:\Community Development\CurDev\RESOLUTION\2013 Resolutions\Waterwa Biennialrpts2doc 1 149 iret#EMMINT t�— RESOLUTION 2013- (w the Board of County Commissioners of Indian River County has determined that the proposed amendment to the Development Order does not constitute a substantial deviation. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, in a Public Meeting duly constituted and assembled on the day of , 2013, that the following amendments to the Development Order are hereby APPROVED: Condition 7. Biennial Report The Amnual Biennial Report required by Subsection 380.06(18), Florida Statutes shall be submitted on November 1"of 2014 and on November 1St eaeh year in alternate years thereafter-en4he `gel sa y-date of the adoption of he D0 to Indian River County, the Treasure Coast Re ig onal Planning Council, the Florida Department of Environmental Protection, the Florida Department of Transportation, the St. Johns River Water Management District, the state planning agency, and such additional parties as may be appropriate or required by law. The contents of the report shall include those items required by this DO and Rule 9J-2.025(7), FAC. The Indian River County Community Development Director shall be a the local official assigned the responsibility for monitoring the development and enforcing the terms of the DO. Condition 30. (W Commencing in 2-00- 2014 and continuing every other year thereafter, the Developer shall submit an Aral a Biennial Status Report indicating the status (schedule), guaranteed improvements, monitoring and studies. This Maual Biennial Status Report shall be submitted to Indian River County, Florida, Department of Transportation, Treasure Coast Regional Planning_Council and the Department of Community A ff ir-s Economic Opportunity as part of the DRI annual Biennial Report. The Annual Biennial Status Report shall include roadway improvements needed to be constructed, the guaranteed date of completion for the construction of each needed improvement, the party responsible for the guaranteed construction of each improvement, and the form of the binding commitment that guarantees construction of each improvement. Additionally, this report shall include a trip generation study determining new external traffic during both the a.m. and p.m. peak hours due to existing development. No further building permits for the Waterway Village DRI shall be issued at the time the Awmal Biennial Status Report reveals that any needed transportation improvement included in the DO is no longer scheduled or guaranteed, or has been delayed in schedule such that it is not guaranteed to be in place and operational, or under actual construction consistent with the timing criteria established in this DO. Condition 85. An annual biennial report shall be filed November 1" of every other year after-�dOptiO^ , f the DO beginning November 1,2014 and shall contain the following: a. A description of changes in the plan of development, or in the phasing for the reporting year and for the next year. CODING: Underline: Additions ei ill:Deleted Text F:\Community Development\CurDev\RESOLUTION\2013 Resolutions\WaterwayBiennialrpts20l3-_.doe 2 5 O a4mait amw'"Ir C RESOLUTION 2013- b. A summary comparison of development activity proposed and actually conducted for ,awthe year. C. Identification of undeveloped tracts of land that has been sold, transferred or leased to a successor developer. d. Identification and intended use of lands purchased, leased or optioned by the developer adjacent to the original PD site since the PD rezoning was approved. e. An assessment (listing) of the developer's compliance with each condition of the DO, PD rezoning conceptual PD plan approval. f. A description of any request, and the status of that request, for a modification to the approved conceptual plan that was filed in the reporting year or is anticipated to be filed during the next year. g. An indication of a change, if any, in local governmental jurisdiction of any portion of the development since the conceptual PD was approved. h. A list of significant local, state and federal permits which have been obtained, or which are pending by agency, type of permit,permit number and purpose of each. i. A list specifically addressing the following items in regard to the entire subject property: 1. square footage of development approved for construction by land use type; 2. square footage of structures and facilities under construction by land use type; 3. square footage of structures and facilities completed by land use type; 4. total number of residential certificates of occupancies for the project; 5. the number of residential certificates of occupancies obtained during the one year reporting date; 6. status of the functioning and maintenance of the surface/stormwater management system; 7. status of water, wastewater, and irrigation services and infrastructure; 8. status and viability of any planted littoral zone, upland edge vegetation, or required buffer; 9. a report addressing all traffic monitoring conditions; 10. a list of traffic improvements completed, under construction or design; CODING: Underline: Additions Stfil thf;eoo:Deleted Text F:\Community Development\CurDev\RESOLUTIO1#sp ayBiegialrpts2013-_.doc 3 151 RESOLUTION 2013- 11. the number of school age children living within the project (every other report); (W 12. dedications of sites right-of-way, easements and improvements to public entities. Condition 86. On November I"of each year in which a Biennial Report is not due, the Developer shall notify the County of the total number of residential units within the project for which building permits have been issued. Effective Date of Amendment The amendment set forth herein shall become effective , 2013. PASSED AND ADOPTED on this day of 2013. The foregoing resolution was offered by Commissioner and the motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher Vice-Chairman Wesley S. Davis (W Commissioner Tim Zorc Commissioner Peter D. O'Bryan Commissioner Bob Solari The Chairman thereupon declared the resolution duly passed and adopted this day of ) 2013. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: Joseph E. Flescher, Chairman Board of County Commissioners ATTEST: (W CODING: Underline: Additions Strike Deleted Text F:\Community Development\CurDev\RESOLUTION\2013 Resolutions\WaterwayBiennialrpts20l3-_.doc 4 152 RESOLUTION 2013- STATE OF FLORIDA (W COUNTY OF INDIAN RIVER I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared Joseph E. Flescher, and as DEPUTY CLERK to Joseph E. Flescher, as Chairman of the Board of County Commissioners and Clerk, respectively, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State aforesaid this day of 12013. (Notary Seal) Notary Public My Commission Expires: APP ED AS TO PLANNING MATTERS Robert M. Keating,'AICP (W Community Development Director APPROVED AS TO LEGAL SUFFICIENCY Dylan Reingold, County Attorney CODING: Underline: Additions Strikethreegk:Deleted Text 15 3 F:\Community Development\CurDev\RESOLUTION\2013 Resolu i ns\Wa � lrpts2¢L3-_.doc 5 INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E. Public Works Director • ► FROM: James D. Gray,Jr. O(j Coastal Engineer SUBJECT: Resolution Requesting Funding Assistance from State of Florida Beach Erosion Control Program—FY 2014/15 DATE: August 6, 2013 DESCRIPTION AND CONDITIONS The State of Florida, Department of Environmental Protection (FDEP) requires an annual resolution from local governments requesting funding assistance through the Beach Erosion Control Program.The Resolution does not specify a specific dollar amount. However, the Resolution allows the Department to consider the County's annual budget request for Fiscal Year 20W15. Staff anticipates requesting State funding assistance to reimburse 50 percent of the construction and monitoring costs for the Sector 3 Beach Restoration Project (2010-2012) and for a Sector 5 Beach Nourishment Project (W feasibility study. FUNDING FDEP funding for Beach Restoration Projects typically requires a local match. The match percentage varies depending upon the characteristics of each project. In the event a match is needed local funding of Beach Restoration includes a portion of Local Option Tourist Tax Revenue as well as allocation of the One Cent Sales Tax. Funding for the Sector 3 project is available and has been budgeted in the Beach Restoration Fund, Sector 3 Beach Restoration Account No.12814472-066510-05054 and Account No. 12814472-033490-05054. If the Sector 3 Project were funded, the local match requirement could be satisfied through expenditures that have already been incurred by the County. Funding for the Sector 5 Project feasibility study is available and budgeted in the Beach Restoration Fund, Other Professional Services Account No. 12814472-033190-01024 for$45,000. RECOMMENDATION Staff recommends approval of the attached Resolution Indian River County Approved Date ATTACHMENT Administration Resolution No. 2013- (two originals) Budget I APPROVED AGENDA ITEM Legal ff 7 Public Works 9-743 FOR:Auaust 20.2013 Coastal Engr.Division JOG 1316113 BY. "' 1. 41 ri F:\PUBLIC WOJ AMESG\FDEP 201415 LOCAL GOVERNMENT FUNDING REQUEST\FUNDING RESOLUTION\MEMO AGENDA FDEP LGFR RESOLUTION FY2014- 15_AUGUST 2013.DOCx 154 RESOLUTION NO. 2013- (W A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA REQUESTING ASSISTANCE FROM THE STATE OF FLORIDA BEACH EROSION CONTROL PROGRAM - FY 2014/15 WHEREAS, Indian River County has experienced damage to structures and/or coastal lands by beach erosion in areas of public lands; and WHEREAS, Indian River County has established a Beach Preservation Plan and a Beach Preservation Fund to provide strategy and funding for beach restoration activities; and WHEREAS, the State of Florida has established a Beach Erosion Control Program for providing financial assistance for erosion control and preservation of the beaches within the State. NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners of Indian River County, as follows: 1. The County hereby requests State financial assistance for implementation of coastal erosion control improvements within Indian River County. 2. The County hereby designates James D. Gray, Jr., Coastal Engineer for Indian River County, as the Project Manager and Agent on behalf of the County. (W THE FOREGOING RESOLUTION was offered by Commissioner and seconded by Commissioner , and, being put to a vote was as follows: Chairman, Josepl� E. Flescher Vice Chairman, Wesie V S. Davis Commissioner Tim Zorc Commissioner Peter D. O'Bry'.an Commissioner Bob Solari The Chairman thereupon declared the resolution duly passed and adopted this day of , 2013. Attest: Jeffrey R. Smith, Clerk of Court and Comptroller Indian River County, Florida Board of County Commissioners By _ Deputy Clerk r c- - Joseph E. Flescher, Chairman Approved: 4 Y7 �A^ Sa4J' seph . Baird, County Administrator Approved as to Form and ufficiency: ylan Reingold, County Attorney 155 CONSENT v (W INDIAN RIVER COUNTY MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director FROM: Louise Gates, Land Acquisition Special' t\ SUBJECT: Right-of-Way Acquisition: 5480 85th Street,Sebastian,FL 32958 Parcel ID#31-39-28-00000-5000-00033.0; Project Parcels #424,#724 Seller: St. Sebastian Conference of St. Vincent DePaul Society, Inc. DATE: August 8,2013 DESCRIPTION AND CONDITIONS The project consists of widening CR510 (85th Street) between 550'Avenue and the Indian River Lagoon, from a two-lane to a four-lane, median-divided roadway with turn lanes. The County needs to acquire 385 square feet of right-of-way and 2,888 square feet of (W temporary construction easement along the CR510 frontage of the St. Vincent DePaul property. The property is zoned IL and the land use is designated 71X—Churches. On May 29, 2013, County staff offered $3,223.46 to purchase the right-of-way and temporary construction easement. This proposed price was based on the recent appraisal of a nearby property along the CR510 corridor. Staff made the offer to Dr. Robert Christopher (Seller representative) and Mr. VanDeVoorde (Seller attorney) and the price was accepted, with the stipulation that driveway access be maintained during construction. There is an attorney consultation fee of$990. There is no appraisal fee on this parcel. The County needs to acquire a total of 75 parcels to widen this section of CR510, with the parcel acquisition breakdown as follows: 1. Right-of-way(R/W)parcels= 29 2. Temporary construction easements (TCEs) = 28 3. Drainage easements (DEs)= 18 Total= 75 This acquisition represents two parcels (1 R/W and 1 TICE), which would reduce the overall total of parcels needed from 75 to 73. Staff also has 6 pending acquisitions, which would further reduce the total from 73 to 67. F:+ngincenna\LOU iouISe(iatck,'Agend:a items'S�.R�ba tianC?mference�iV'incentDeF'auLC'R�IOProject.dn� 156 Property Acquisition 5480 85th Street August 8,2013—Page 2 of 2 (W FUNDING Funding for this expenditure is available in acct# 10215141-066120-05023, Traffic Impact Fees, District I, CR 510/55t"Ave to Indian River. For FY 12/13- $1,570,411 has been budgeted for ROW,with$5,065 being expended year to date. RECOMMENDATIONS Board options include the following: Option 1: Approve the transaction, purchasing the right-of-way (385 square feet) and a temporary construction easement (2,888 square feet) for the purchase price of$3,223.46 +$990 Attorney Fee=a total of$4,213.46. Option 2: Reject the terms of the Agreement and continue to negotiate. Staff recommends Option 1: The Board of County Commissioners approves the purchase of the property at a total price of$4,213.46 and authorizes the Chairman to sign the (" Purchase and Sale Agreement. ATTACHMENT 1. One"Original" Purchase Agreement 2. One "Original" Temporary Construction Easement DISTRIBUTION Christopher R. Mora,P.E., Public Works Director Louise Gates, Land Acquisition Specialist APPROVED AGENDA ITEM Indian River County Approved Date FOR: August 20, 2013 Administration Budget IZ 3 BY Legal Public Works 8- 7- /3 Engineering Division 2 157 Original AGREEMENT TO PURCHASE, SELL, AND LEASE REAL ESTATE ,,,,> BETWEEN INDIAN RIVER COUNTY AND ST. SEBASTIAN CONFERENCE OF ST. VINCENT DE PAUL SOCIETY, INC. THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of the day of 2013, by and between Indian River County, a political subdivision of the State of Florida ("the County"), and St. Sebastian Conference Of St. Vincent DePaul Society, Inc., who agree as follows: WHEREAS, St. Sebastian Conference Of St. Vincent DePaul Society, Inc. owns property located at 5480 85th Street, Sebastian, Florida. A sketch and legal description of the property is attached to this agreement as Exhibit"A"and"B", incorporated by reference herein; and WHEREAS,the County is scheduled to expand CR510, also known as 85th Street, in the future and the road expansion will impact the property of St. Sebastian Conference Of St. Vincent DePaul Society, Inc.; and WHEREAS, in order for the County to proceed with its road expansion plans, the County needs to purchase property to be used as right-of-way from landowners adjacent (W to CR510; and WHEREAS, the County has contacted St: Sebastian Conference Of St. Vincent DePaul Society, Inc. and has offered to purchase right-of-way approximately 385 square feet of property as depicted on Exhibit "A" (the Property), and a temporary construction easement approximately 2,888 square feet of property as depicted on Exhibit"B", and WHEREAS, the County is prepared to take the Property by using its power of eminent domain; and WHEREAS,St. Sebastian Conference Of St.Vincent DePaul Society, Inc. and the County wish to avoid the risk,time and expense of litigation by entering into this agreement for sale and purchase of the Property; NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter, the COUNTY and SELLER agree as follows: 1. Recitals. The above recitals are affirmed as being true and correct and are incorporated herein 2. Agreement to Purchase and Sell. The Seller hereby agrees to sell to the County, and the County hereby agrees to purchase from Seller, upon the terms and conditions set forth in this Agreement that certain parcel of real property located on 5480 85th Street, (W Sebastian, Florida and more specifically described in the sketch and legal description attached as Exhibit "A", fee simple, containing approximately 385 square feet, all 1 158 Original improvements thereon, together with all easements, rights and uses now or hereafte J/--1-- belonging thereto (collectively, the "Property"). Also, the purchase will include a 4Q-feet-- temporary co struc ion easement, as depicted on Exhibit "B".4cj&W-d d a4x-� a,d U-Ae� 2.1 Purchase Price, Effective Date. The purchase price ("Purchase Price) for the Property shall be $3,223.46 (Three Thousand Two Hundred Twenty-Three and 461100 Dollars). The Purchase Price shall be paid on the Closing Date. The Effective Date of this Agreement shall be the date upon which the County shall have approved the execution of this Agreement, either by approval by the Indian River County Board of County Commissioners at a formal meeting of such Board or by the County Administrator pursuant to his delegated authority. 3. Title. Seller shall convey marketable title to the Property by warranty deed free of claims, liens, easements and encumbrances of record or known.to Seller; but subject to property taxes for the year of Closing and covenants, restrictions and public utility easements of record provided (a) there exists at Closing no violation of any of the foregoing; and (b) none of the foregoing prevents County's intended use and development of the Property("Permitted Exceptions"). 3.1 County may order an Ownership and Encumbrance Report or Title Insurance Commitment with respect to the Property. County shall within fifteen (15) days following the Effective Date of this Agreement deliver written notice to Seller of title defects. Title (W shall be deemed acceptable to County if(a) County fails to deliver notice of defects within the time specified, or (b) County delivers notice and Seller cures the defects within thirty (30)days from receipt of notice from County of title defects("Curative Period"). Seller shall use best efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period, County shall have thirty (30) days from the end of the Curative Period to elect, by written notice to Seller, to: (i) to terminate this Agreement, whereupon shall be of no further force and effect, or(ii) extend the Curative Period for up to an additional 90 days; or (iii) accept title subject to existing defects and proceed to closing. 4. Representations of the Seller. 4.1 Seller is indefeasibly seized of marketable,fee simple title to the Property,and is the sole owner of and has good right, title, and authority to convey and transfer the Property which is the subject matter of this Agreement, free and clear of all liens and encumbrances. 4.2 From and after the Effective Date of this Agreement, Seller shall take no action which would impair or otherwise affect title to any portion of the Property, and shall record no documents in the Public Records which would affect title to the Properly, without the prior written consent of the County. 4.3.1 There are no existing or pending special assessments affecting the Property,which (W are or may be assessed by any governmental authority, water or sewer authority, school district, drainage district or any other special taxing district. 2 159 ° Original 5. Default. 5.1 In the event the County shall fail to perform any of its obligations hereunder, the Seller shall, at its sole option, be entitled to: (i)terminate this Agreement by written notice delivered to the County at or prior to the Closing Date and thereupon neither the Seller nor any other person or party shall have any claim for specific performance, damages, or otherwise against the County; or(ii) waive the County's default and proceed to Closing. 5.2 In the event the Seller shall fail to perform any of its obligations hereunder, the County shall, at its sole option, be entitled to: (i)terminate this Agreement by written notice delivered to the Seller at or prior to the Closing Date and thereupon neither the County nor any other person or party shall have any claim for specific performance, damages or otherwise against the Seller;or(ii)obtain specific performance of the terms and conditions hereof; or(iii) waive the Seller's default and proceed to Closing: 6. Closing. 6.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall take place within 45 days following the execution of the contract by the Chairman of the Board of County Commissioners. The parties agree that the Closing shall be as follows: ,, (a) The Seller shall execute and deliver to the County a warranty deed conveying marketable title to the Property, free and clear of all liens and encumbrances and in the condition required by paragraph 3. (b) The Seller shall have removed all of its personal property and equipment from the Property and Seller shall deliver possession of the Property to County vacant and in the same or better condition that existed at the Effective Date hereof. (c) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails to do so, County may use a portion of Purchase Price funds to satisfy the encumbrances. (d) If the Seller is a non-resident alien or foreign entity, Seller shall deliver to the County an affidavit, in a form acceptable to the County, certifying that the Seller and any interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980. (e) The Seller and the County shall each deliver to the other such other documents or instruments as may reasonably be required to close this transaction. 6.2 Taxes. All taxes and special assessments which are a lien upon the property on or prior to the Closing Date (except current taxes which are not yet due and payable) shall be paid by the Seller. 7. Closing Costs; Expenses. County shall be responsible for preparation of all Closing documents. 3 160 Original 7.1 County shall pay the following expenses at Closing: 7.1.1 The cost of recording the warranty deed and any release or satisfaction obtained by Seller pursuant to this Agreement. 7.1.2 Documentary Stamps required to be affixed to the warranty deed. 7.1.3 All costs and premiums for the owner's marketability title insurance commitment and policy, if any. 7.2 Seller shall pay the following expenses at or prior to Closing: 7.2.1 All costs necessary to cure title defect(s) or encumbrances, other than the Permitted Exceptions, and to satisfy or release of record all existing mortgages, liens or encumbrances upon the Property. 8. Miscellaneous. 8.1 Controlling Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Indian River County for all state court matters, and in the Southern District of Florida for all federal court matters. (W 8.2 Condemnation. In the event that all or any part of the Property shall be acquired or condemned for any public or quasi-public use or purpose, or if any acquisition or condemnation proceedings shall be threatened or begun prior to the Closing of this transaction, County shall have the option to either terminate this Agreement, and the obligations of all parties hereunder shall cease, or to proceed, subject to all other terms, covenants, conditions, representations and warranties of this Agreement,to the Closing of the transaction contemplated hereby and receive title to the Property;receiving, however, any and all damages, awards or other compensation arising from or attributable to such acquisition or condemnation proceedings. County shall have the right to participate in any such proceedings. 8.3 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements, written or oral, between the Seller and the County relating to the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties. 8.4 Assignment and Bindinq Effect. Neither County nor Seller may assign its rights and obligations under this Agreement without the prior written consent of the other party. The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns. 8.5 Notices. Any notice shall be deemed duly served if personally served or if mailed by certified mail, return receipt requested, or if sent via "overnight" courier service or facsimile transmission, as follows: 4 161 Original If to Seller: St. Sebastian Conference of St. Vincent DePaul Society, Inc. c/o Anthony Donini, MCPA— Reg. Agent 1623 U.S. Highway 1, Ste B4 Sebastian, FL 32958 If to County: Indian River County 1801 27th Street Vero Beach, FL. 32960 Attn: Land Acquisition/Louise Gates Either party may change the information above by giving written notice of such change as provided in this paragraph. 8.6 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, representation or warranty made in this Agreement by or on behalf of either party, or in any instruments delivered pursuant hereto or in connection herewith, shall survive the Closing Date and the consummation of the transaction provided for herein. The covenants, agreements and undertakings of each of the parties hereto are made solely for the benefit of,and may be relied on only by the other party hereto, its successors and assigns, and are not made for the benefit of, nor may they be relied upon, by any other person whatsoever. (W 8.7 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to this Agreement, each party shall bear its own attorney's fees, costs, and expenses. 8.8. Counterparts. This Agreement may be executed in two or more counterparts, each one of which shall constitute an original. 8.9. County Approval Required: This Agreement is subject to approval by the Indian River County as set forth in paragraph 2. 8.10 Beneficial Interest Disclosure: In the event Seller is a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall provide a fully completed, executed, and sworn beneficial interest disclosure statement in the form attached to this Agreement as an exhibit that complies with all of the provisions of Florida Statutes Section 286.23 prior to approval of this Agreement by the County. However, pursuant to Florida Statutes Section 286.23 (3) (a), the beneficial interest in any entity registered with the Federal Securities and Exchange Commission, or registered pursuant to Chapter 517, Florida Statutes,whose.interest is for sale to the general public, is exempt from disclosure; and where the Seller is a non-public entity, that Seller is not required to disclose persons or entities holding less than five (5%) percent of the beneficial interest in Seller. 8.11 "Seller acknowledges receipt of the "Notice to Owner" and understands his/her rights granted under Florida Law Chapters 73 and 74." Arc � Initials 5 162 Original (W IN WITNESS WHEREOF,the undersigned have executed this Agreement as of the date first set forth above. INDIAN RIVER COUNTY, FLORIDA ST. SEBASTIAN CONFERENCE OF ST. BOARD OF COUNTY COMMISSIONERS VINCENT DE PAUL SOCIETY, INC. Joseph E. Flescher, Chairman Signature Date Approved by BCC S O 3 Ar. r CB46TT�I� Printed Name &Title PS,F�J,0,k�Y,-r ATTEST: 5T, VING PC /961)L- 5O'r'l't-7 Jeffrey R. Smith, Clerk of Court and Comptroller (W By: Deputy Clerk proved: sep A. Baird, County Administrator Ap roved as to F an gal Sufficiency: County Attorney ' (W 6 163 SKETCH OF DESCRIPTION PARCEL 31392800000500000033. 0 (W ST. SEBASTIAN CONFERENCE OF ST-VINCENT DE PAUL O.R.B. 1002, PAGE 1661 ^; COUNTY ROAD 510 v RIGHT-OF-WAY PARCEL 424 a SURVEYOR'S NOTESa U 1 . THIS IS NOT A BOUNDARY SURVEY. tn 2. BEARINGS SHOWN BASED ON COUNTY ROAD 510 BASELINE OF SURVEY AND NORTH LINE OF THE S.W. 1 /4 OF SECTION 28; 1- - 60' SAID LINE BEARS N 89015'38- E. 3. DISTANCES SHOWN BASED ON ENGLISH UNITS, US SURVEY FOOT. 4. THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON THE PRELIMINARY RIGHT-OF-WAY MAP FOR COUNTY ROAD 510 (WABASSO ROAD), PREPARED BY BURDETTE AND. ASSOCIATES. DATED -FINAL GMB 3-08", CONSISTING OF 10 SHEETS AS DIRECTED BY INDIAN RIVER COUNTY. FLORIDA. 5. THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESS. LEGEND • BASELINE P.O.C. - POINT OF COMMENCEMENT PG. - PAGE R/W RIGHT-OF-WAY P.O.B. - POINT OF BEGINNING FND- - FOUND SEC. SECTION P.R.C. - POINT OF REVERSE CURVATURE R - RADIUS - PROPERTY LINE P.T. - POINT OF TANGENCY A - DELTA G.R . COUNTY ROAD D.E. - DRAINAGE EASEMENT ' L - ARC LENGTH CENTER LINE T.C.E. - TEMPORARY CONSTRUCTION EASEMENT O.R.B. - OFFICIAL RECORDS BOOK ST.SEBASTIAN CONFERENCE T.C.E. OF ST.VINCENT DE PAUL ACQUIRED BY a I O.R.B. 1002. PG. 1661 SEPARATE DOCUMENT- w 3)39280D00050D00D33.0 PARCEL 724 z zz� SEE DETAIL SHEET 3 zo ww P.O.B. 't' PARCEL 424 S.W. CORNER t I ST. SEBASTIAN PARCEL N 00044'22" W EXISTING NORTH R/W LINE c 40.00' i`� �, 0 N 89015'38" E i `�•—_ _.—�� 29 za f.350.57' -moi SEC. g8--31-39 $ SURVEY C.R. 510 (WABASSO RD. ) Sz 3 SECTION LINE .D.C. S.W. CORNER SEC. 28-31-39 FND. BOAT SPIKE CERT,IFICATIONs I HEREBY CERTIFY THAT THIS SKETCH OF DESCRIPTION IS TRUE AND UNDER UY DIRECT SUPERVIS ONKNOFURRTHHEER. THBISLDOCU ENTIS INEPARED COMPLIANCE WITH THE MINIMUM TECHNICAL STANDARDS FOR THE STATE ANDFLORIDA MAPPERS PURSUANTTH TOSECTION 472.027sFLLORIDA STATUTES.OF AL SURVEYORS FOR THE FIRM. - --- ----------------------------------------- - CHRtSTQPHER P. AItLLER, PSA. (W " FLORIDA REGISTRATION NUMBER 5921 CARDNO TBE �ird�rtQ PARCEL SKETCH - NOT A SURVEY T9E COUNTY ROAD N0. 510 - PARCEL 424 INDIAN RIVER COUNTY cAmmo T� o,� ��. DT.SWRM. . 164 314Z'T H.X. 53 th STREET CNtDND TBE• NIA FT. LAUDERDALE. FL. '53309 ,m..�, e r .x..�..e SKETCH OF DESCRIPTION - PARCEL 31392800000500000033. 0 ST. SEBASTIAN CONFERENCE OF ST.VINCENT DE PAUL O. R. B. 1002, PAGE 1661 COUNTY ROAD 510 RIGHT-OF-WAY PARCEL 424 COUNTY ROAD 510 RIGHT-OF-WAY PARCEL 424 A PARCEL OF LAND BEING A PORTION OF UNINCORPORATED INDIAN RIVER COUNTY, LYING IN SECTION 28,TOWNSHIP 31 SOUTH, RANGE 39 EAST, OF INDIAN RIVER COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SECTION 28. TOWNSHIP 31 SOUTH, RANGE 39 COUNTOINDIAN YROAD51RIVER COUNTY. 0 ASSHOWNONTAID POINT BEING SURVEY BASELIN HEUNRECORDEDINDIAN RIVERCOUNTYRIGHTEOF�WAY MAP FOR COUNTY ROAD 510 (WABASSO ROAD). SHEET 5 OF 10; THENCE NORTH 89'15'38" EAST ALONG THE SOUTH LINE OF SAID SECTION 28. A'DISTANCE OF 1,350.5T FEET= THENCE NORTH 00044'22" WEST, A DISTANCE OF 40.00 FEET TO A POINT OF INTERSECTION WITH THE EXISTING NORTH RIGHT-OF-WAY LINE OF SAID COUNTY ROAD 510 AND THE EXISTING EAST RIGHT-OF-WAY LINE OF 55TH AVENUE, A 50 FOOT.RIGHT-OF-WAY AS SHOWN ON SAID RIGHT-OF-WAY MAP AND THE POINT OF BEGINNING, SAID POINT BEING THE SOUTHWEST CORNER OF A PARCEL OF LAND OWNED BY ST. SEBASTIAN CONFERENCE OF ST.VINCENT DE PAUL, AS RECORDED IN OFFICIAL RECORDS BOOK 1002. PAGE 1661 OF THE PUBLIC RECORDS, INDIAN RIVER COUNTY, FLORIDA; 'THENCE NORTH 00038-55- WEST, ALONG THE WEST LINE OF SAID ST.SEBASTIAN PARCEL AND SAID EAST RIGHT-OF-WAY LINE OF 55TH AVENUE, A DISTANCE OF 26.69 FEET; THENCE SOUTH 44'41 '54" EAST, A DISTANCE OF 35.94 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE TO THE NORTH, HAVING A RADIAL BEARING OF NORTH 00°53'49" EAST; THENCE EASTERLY ALONG SAID CURVE, HAVING A RADIUS OF 2018.00 FEET, THROUGH A CENTRAL ANGLE OF 03033'00", AN ARC DISTANCE OF 125.03 FEET TO A NON-TANGENT POINT ON THE EAST LINE OF SAID ST. SEBASTIAN PARCEL, SAID POINT HAVING A RADIAL BEARING OF NORTH 02'39'1[ " WEST; THENCE SOUTH 00038'55- EAST, ALONG SAID EAST LINE. A DISTANCE OF [. 13 FEET TO A POINT (W ON THE SOUTH LINE OF SAID ST. SEBASTIAN PARCEL AND SAID NORTH RIGHT-OF-WAY LINE; THENCE SOUTH 89°15'38" WEST, A DISTANCE OF 150.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 385 SOUARE FEET (0.009 ACRES) MORE OR LESS. (w PARCEL SKETCH - NOT A SURVEY TOE CWNTY ROAD ND. 510 - PARCEL 424 INDIAN RIVER COUNTY CARDKQ Y -�, 16 5 " 3427 H.W. SSrh STREEs er DATE ocrA swnce. F7. LAUDERDALE. FL. 33309 CAMM TBE N/A Pt�ONE�r9S4.938-9584 OR►Mtt R.T. 06-[A-t2 SKETCH OF DESCRIPTION PARCEL 31392800000500000033. 0 ST. SEBASTIAN CONFERENCE OF ST. VINCENT DE PAUL O.R.B. 1002, PAGE 1. 661 COUNTY ROAD 510 RIGHT-OF-WAY P/�RCEL 424 DETAIL SECTION 28-31 -39 WEST LINE NOT TO SCALE ST. SEBASTIAN PARCEL 55TH AVENUE 50' R/W N 00044'22- _ AST 40•�0� N 00038'55" W -' EXISTING E w 26.69' R/W LINE z_ �A 1 PARCEL /4 _, 7f o f CL Z a3 �a � Aa� z s 0 2 . o tnovWi � aI a �1 RADIAL BEARING a .t, z N 00°53'49" E a . n.tntn wt- 3 Z< 3 1 J CD 1 2 to m Ln CURVE DATA Cl (R/W) v ol) A • 03°33'00" } L - 125.03" w N R - •2018.00' > N 40' lU t- 01) m o 1 r•, ,r, z 0w z z RADIAL BEARING M CV 02°39' 1 1 " W w w Ln Lo rk rL EAST LINE ST. SEBASTIAN PARCEL S.E. CORNER 00°38'55" E ST. SEBASTIAN PARCEL 1 . 13' PARCEL SKETCH - NOT A SURVEY ME COUNTY ROAD NO. 510 - PARCEL 424 DETAIL tNQIAN R(YER COUNTY 3� T� 166 ' 342T M.W. SSres STREET er uArE ��BT' oAu spmcE, FT. 1.>ypOM,&„E. FL. 333Q4 R.7. OS-1t-lZ E: nD 'ME N/A PNO[VE•=934-930-93e9DUN SKETCH OF DESCRIPTION PARCEL 31392800000500000033. 0 (W ST. SEBASTIAN CONFERENCE OF ST. VINCENT DE PAUL O.R.B. 1002, PAGE 1661 M COUNTY ROAD 510 TEMPORARY CONSTRUCTION EASEMENT 724 N SURVEYOR'S NOTES: z I. THIS IS NOT A BOUNDARY SURVEY. ui 2. BEARINGS SHOWN BASED ON COUNTY ROAD 510 BASELINE OF EX >" SURVEY AND NORTH LINE OF THE S.W. 1 /4 OF SECTION 28; SAID LINE BEARS N 89015'38" E. w DISTANCES3. 4. SHOWN BASED ONRVEY THE FOOT. 1 " 60' PRELIMINARY RIGHT-OF-WAY MAP FOR COUNTY ROAD 510 (WABASSO ROAD), PREPARED BY BURDETTE AND ASSOCIATES, DATED "FINAL GMB 3-08" CONSISTING OF 10 SHEETS AS 5. TTHEESCALLEBOFITHISNRIVER DRAWINGCMAYVEBEEN THAFLORIDA. ADISTORTED DURING REPRODUCTION PROCESS. LEGEND - BASELINE P.O.C. - POINT OF COMMENCEMENT PG. PAGE - R1 RIGHT-OF-WAY P.O.B. - POINT OF BEGINNING FGD. FOUND SEC. SECTION P.R.C. - POINT OF REVERSE CURVATURE R RADIUS PROPERTY LINE P.T. - POINT OF TANGENCY A DELTA C.R. COUNTY ROAD D.E. - DRAINAGE EASEMENT L - CENTER LINE T.C.E. TEMPORARY CONSTRUCTION ARC LENGTH EASEMENT O.R.B. - OFFICIAL RECORDS BOOK ST.SEBASTIAN CONFERENCE OF ST-VINCENT DE PAUL V> Z w O.R.B. 1002, PG. 1661 N 00°38'55" W 313928000005DO000033.0 cv (D wl .01 d a� zzrl S 44°4l'S4" E RADIAL BEARING N 01°49'39"W o RADIAL BEARING RADIAL BEARING in wVN4 " E N 02°41 'S6"W WEST LINE `n P.O.B. ST. SEBASTIAN PARCEL FAST LINE N 00°38'55" W. 26-69' RING 2 ST. SEBASTI N PARCEL S.W. CORNER " W S 00 38'55" E, 45.03' ST. SEBASTIAN PARCEL RADIAL BEARING PARCEL 424 .C.E. 724 N 02°39'11 "W ACQUIRED BY SOUTH LINE --EXISTING NORTH SEPARATE DOCUMENT- ST. SEBASTIAN PARCEL R/W LINE 29 za N 8915.38" E �AQ:IAL BEARING 1,350.57' i N 00°53'49" E SEC. 28-31-39 32 3 N 00°44'22" W SURVEY C.R. 510 (WABASSO RD SEC. 33-31-39 40.00' SECTION LINE N 44°41 '54" W 21 .52' CURVE DATA .O.C. S.W. CORNER C I C2 C3 SEC. 28-31 -39 A - 03°08'47" D 00°52'18" A 03'33'00" FND. BOAT SPIKE L - 109.99' L - 30.01 ' L - 125.03' R - 2003.00' R - 1973.00' R - 2018.00' CERTIFICAT[ONr ACCURATTE -TORTHEYBESTTOFTHMY KNOWLEDGEF ANDCBELIEFNAND WASEPREPARED CNOMPLIANCEDIWITH THEEMINIMUM TECHNICAL.STAND ARDSUFORTTHE STATE OF FLORIDA AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS PURSUANT TO SECTION 472.027 FLORIDA STATUTES. FOR THE FIRM, -------------------------------------------- CHR[STOPHER P. MILLER, PSM FLORIDA REGISTRATION NUMBER 5921 CARDNO TBE PARCEL SKETCH — NOT A SURVEY COUNTY ROAD NO. 510 - PARCEL 7Z4 INDIAN RIVER COUNTY 3427CAROD TBF_ 16 7 CART N�t.'R. SSrn STREET BY DATE; T+u+m arc DATA S 1p . FT. LAUDERDALE FL H/A PiiOH6•.454-436-9384 33SR9 ORAUr R.T. %-14-12 GRDliO TBE e-ane° SKETCH OF DESCRIPTION PARCEL 31392800000500000033. 0 ST. SEBASTIAN CONFERENCE (w OF ST. VINCENT DE PAUL - O.R.B. 1002, PAGE 1661 COUNTY ROAD 510 TEMPORARY CONSTRUCTION EASEMENT 724 COUNTY ROAD 510 TEMPORARY CONSTRUCTION EASEMENT 724 A PARCEL OF LAND BEING A PORTION OF UNINCORPORATED INDIAN RIVER COUNTY, LYING IN SECTION 28,TOWNSHIP 31 SOUTH. RANGE 39 EAST, OF INDIAN RIVER COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SECTION 28, TOWNSHIP 31 SOUTH, RANGE 39 EAST, OF INDIAN RIVER COUNTY, SAID POINT BEING ON THE SURVEY BASELINE FOR COUNTY ROAD 510 AS SHOWN ON THE UNRECORDED INDIAN RIVER COUNTY RIGHT-OF-WAY MAP FOR COUNTY ROAD 510 (WABASSO ROAD), SHEET 5 OF 10; THENCE NORTH 89015,38" EAST ALONG THE SOUTH LINE OF SAID SECTION 28, A DISTANCE OF 1,350.57 FEET; THENCE NORTH 00044'22" WEST, A DISTANCE OF 40.00 FEET TO A POINT OF INTERSECTION WITH THE SHOWNXIONING SAIDAST RIGHTGOF-WAYWftMAP. ANDOWITHTTHEVEXISTINGSNORTHFOOT RIGHTTOFOFWAYYLAS INE OF SAID COUNTY ROAD 510, SAID POINT BEING THE SOUTHWEST CORNER OF A PARCEL OF LAND OWNED BY ST. SEBASTIAN CONFERENCE OF ST.VINCENT DE PAUL. AS RECORDED IN OFFICIAL RECORDS BOOK 1002, PAGE 1661 OF THE PUBLIC RECORDS, INDIAN RIVER' COUST. SEBFLORIDA; ASTIIANPATHENCE NORTH B RCELANDSAID EASTRIGHT RIGHT-OF-WAY ALONG E SAID AYLLINE, A DISTANCEOFF26.69 FEET; THENCE SOUTH 44'41 '54` EAST. A DISTANCE OF 14.42 FEET TO A POINT ON A '. NON-TANGENT CURVE CONCAVE TO THE NORTH, HAVING A RADIAL BEARING OF NORTH 01020'12" EAST, AND TO THE POINT OF BEGINNING: THENCE EASTERLY ALONG SAID CURVE, HAVING A RADIUS OF 2003.00 FEET, THROUGH A CENTRAL ANGLE OF 03°08'47", AN ARC DISTANCE OF 109.99 FEET TO A NON-TANGENT POINT, SAID POINT HAVING A RADIAL BEARING OF NORTH Oi'48'35" WEST; THENCE NORTH 00038.55" WEST. A DISTANCE OF 30.01 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE TO THE NORTH HAVING A RADIAL BEARING, OF NORTH• 01°49'39" WEST; THENCE EASTERLY ALONG SAID CURVE, NAVIN A RADIUS OF 1 .973.00 FEET. THROUGH A CENTRAL ANGLE OF 00°52'18". AN ARC DISTANCE OF 30.01 FEET TO A NON-TANGENT POINT, SAID POINT BEING ON THE EAST LINE OF THE AFOREMENTIONED ST. SEBASTIAN PARCEL, AND HAVING A RADIAL BEARING OF NORTH 02'41 '56" WEST; THENCE SOUTH 00'38'55" EAST, ALONG SAID EAST LINE. A DISTANCE OF 45.03 FEET TO A •POINT ON A NON-TANGENT CURVE CONCAVE TO THE NORTH HAVING A RADIAL BEARING OF NORTH D2°39'11 " WEST; THENCE WESTERLY ALONG SAID CURVE, HAVING A RADIUS OF 2018.00 FEET, •THROUGH A CENTRAL ANGLE OF 03°33.00". AN ARC DISTANCE OF 125.03 FEET TO A NON-TANGENT POINT HAVING A RADIAL BEARING OF NORTH 00°53'49" EAST; THENCE NORTH 44°41 '54" WEST, A DISTANCE OF 21 .52 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 2,888 SQUARE FEET (0.066 ACRES) MORE OR LESS. PARCEL SKETCH - NOT A TEFE EARDtyO TBE COUNTY ROAD NO- 510 - PARCEL 724 INDIAN RIVER COUNTY 3427 h1.R 55th STREIT BT DATE PREPARED BT. DATA SMOME. 16 8 FT. LAtMMALE. FL. 33309 CARDND THE N/A rLioNK••954-938-9389 DUM R.T. #-t4-12 (W TCE—CR510 Project#0549 —550 Avenue to IR Lagoon US 1—87'Street to 84'Street—McMahon Design Section PID#31-39-28-00000-5000-00033.0 Project Parcel#724 Prepared by and return to:IRC-PW-Ig 1801 27th Street,Vero Beach,FL 32960-3388 TEMPORARY CONSTRUCTION EASEMENT This TEMPORARY CONSTRUCTION EASEMENT, made and executed this day of , 2013, by St. Sebastian Conference Of St_ Vincent DePaul Society, Inc, whose address is 5480 85th Street, Vero Beach, FL 32967-5544, hereinafter called GRANTOR to Indian River County, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, Florida 32960-3388, hereinafter called GRANTEE, WITNESSETH: That GRANTOR, for and in consideration of the sum of ONE DOLLAR and other consideration, receipt of which is hereby acknowledged, does hereby grant unto the GRANTEE a TEMPORARY CONSTRUCTION EASEMENT on, over, across, and beneath the following described land, situate in Indian River County, Florida, to-wit: EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF This easement is for the purpose of all construction incidentals, such as; grading, sloping, sodding, etc. This easement shall exist only until the completion of the construction work for the CR510/US1 Project No. 0549. IN WITNESS WHEREOF the GRANTOR has herein set its hand and seal the day and year first above written. Signed, sealed, and delivered St. Sebastian Conference of St. Vincent in the presence of: DePaul Society, Inc. .. z r Witness Signature �. Grantor Signature 1` _ , dwze�- 19 Printed Name: �lE'C 1 Printed Name:R D 8i Witness Signatur&"/'�i� Printed Name:1L312evc/ STATE OF FLORIDA} COUNTY OF INDIAN RIVER} Sir' -�-- The foregoing instrument was acknowledged before me this 'day of �/Illi , 2013, on behalf of St. Sebas Ian Confere ce of St. Vincent D Paul Society, Inc., a Florida Non Profit Corporation, by pj3, ' C99 Opi0�4 Me , , , and he is personally known to me or produced drivel's license as identification Sign: (WNciEiy--'!��bs Printed name & Comy"j pj Ic-STATEor-FWRMA /tipple, Janice er Ccommissiolk, 8065xINExpires: JUN 12013• Approved as o f d L gal Sufficiency: a gp'rmtif ATT,�yT(CBOlm i ., �-- 169 SKETCH OF DESCRIPTION PARCEL 31392800000500000033. 0 EXHIBITA ST. SEBASTIAN CONFERENCE OF ST.VINCENT DE PAUL (W O. R.B. 1002, PAGE 1661 �? COUNTY ROAD 510 M TEMPORARY CONSTRUCTION EASEMENT 724 N SURVEYOR'S NOTES: o 1 . THIS IS NOT A BOUNDARY SURVEY. " 2. BEARINGS SHOWN BASED ON COUNTY ROAD 510 BASELINE OF v SURVEY AND NORTH LINE OF THE S.W. 1 /4 OF SECTION 28; SAID LINE BEARS N 89'15'38" E. 3. DISTANCES SHOWN BASED ON ENGLISH UNITS, US SURVEY FOOT. 4. THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON THE 1 " = 60' PRELIMIRARY RIGHT-OF-WAY MAP FOR COUNTY ROAD 510 (WABASSO ROAD). PREPARED BY BURDETTE AND ASSOCIATES. DATED "FINAL GMB 3-08", CONSISTING OF 10 SHEETS AS DIRECTED BY INDIAN RIVER COUNTY, FLORIDA. 5. THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESS. LEGENQ $- - BASELINE P.O.C. - POINT OF COMMENCEMENT PG. - PAGE R/W • RIGHT-OF-WAY P.O.B. - POINT OF BEGINNING FND- • FOUND SEC_ SECTION P.R.C. - POINT OF REVERSE CURVATURE R - RADIUS • PROPERTY LINE P.T. - POINT OF TANGENCY A • DELTA C.R. COUNTY ROAD D.E. - DRAINAGE EASEMENT L - ARC LENGTH CL CENTER LINE T.C.E. • TEMPORARY CONSTRUCTION EASEMENT O.R.B. OFFICIAL RECORDS BOOK ST.SEBASTIAN CONFERENCE V) OF ST.VINCENT DE PAUL UJ Ia O.R.B. 1002. PG. 1661 N 0003B'55" W 313928DODD05D00D0033.0 > z S 44'41'54" E RADIAL BEARING 4¢ 1--� {4.42 N 01°49'39"YI _o �?� RADIAL BEARING RADIAL BEARING � w 01020'12" E N 02041 .56"W WEST LINE id P.O.B. T. SEBASTIAN PARCEL T.C.E. 724 EAST LINE N 00'38'55" lilF. 26.69' RADIAL BEARING CZ ST. 038'5 - E PARCEL S OD 38'555" E, 45.03' S.W. CORNER N 01°4CI8'35" W ST. SEBASTI N PARCEL RADIAL BEARING PARCEL 424 C3 T.C.E. TZ4 N 62939'II"W lLifoACQUIRED BY SOUTH LINE EXISTING NORTH SEPARATE DOCUMENT- ST. SEBASTIAN PARCEL R/W LINE o 29 28 N 89015'38' E ADIAL BEARING v 1.350.57' N 00'53'49" E SEC. 28-31-39 N 00°44.22" W SURVEY C.R. 510 (WABASSO RD.) SEC. 33-31-39 323 40.00' SECTION LINE N44°41 'S4" W 21.52' CURVE DATA .O.C. S.W. CORNER CI C2 C3 SEC. 28-31-39 A • 03°08'47" A • 00°52'18" A 03033'00" FND- BOAT SPIKE R 2003900' R . 1973.00' R = 201B.00' CERTIFICATIONi I HEREBY CERTIFY THAT THIS SKETCH OF DESCRIPTION IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF AND WAS PREPARED UNDER MY DIRECT SUPERVISION. -FURTHER: THIS DOCUMENT IS IN COMPLIANCE WITH THE MINIMUM TECHNICAL STANDARDS FOR THE STATE OF FLORIDA AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS PURSUANT TO SECTION 472.027 FLORIDA STATUTES. FOR THE FIRM, CHRISTOPHER P. M(LLER, PSM (W FLORIDA REGISTRATION NUMBER 5921 CARDNO TBE PARCEL SKETCH - NOT A SURVEY Tw COUNTY ROAD NO. 5€0 - PARCEL 724 INDIAN RIVER COUNTY CARDNOTSE MO-AM 5•, DLT[snwcs 342T K.X. 551-h STREET Dsr FT. LAUDERDALE. FL. 33304 CARf1ND TBE k/A O • PeIOHE••SS<-938-9384mulft R.T. 06-14-12 17 iH•6658 b,ceccn Y 5owEspE-Ii-i2 CARONO TBE PM, 05038-002-00 SHEET I OF 2 SKETCH OF DESCRIPTION PARCEL 31392800600500000033.0 ST. SEBASTIAN CONFERENCE OF ST. VINCENT DE PAUL - O.R.B. 1002, PAGE 1661 COUNTY ROAD 510 TEMPORARY CONSTRUCTION EASEMENT 724 COUNTY ROAD 510 TEMPORARY CONSTRUCTION EASEMENT 724 A PARCEL OF LAND BEING A PORTION OF UNINCORPORATED INDIAN RIVER COUNTY, LYING IN SECTION 28,TOWNSHIP 31 SOUTH, RANGE 39 EAST, OF INDIAN RIVER COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: -COMMENCE AT THE SOUTHWEST CORNER OF SECTION 28, TOWNSHIP 31 SOUTH, RANGE 39 EAST, OF INDIAN RIVER COUNTY, SAID POINT BEING ON THE SURVEY BASELINE FOR COUNTY ROAD 510 AS SHOWN ON THE UNRECORDED INDIAN RIVER COUNTY RIGHT-OF-WAY MAP FOR COUNTY ROAD 510 (WABASSO ROAD), SHEET 5 OF 10; THENCE NORTH 89'15'38" EAST ALONG THE SOUTH LINE OF SAID SECTION 28, A DISTANCE OF 1,350.57 FEET; THENCE NORTH 00"44'22" WEST, A DISTANCE OF 40.00 FEET TO A POINT OF INTERSECTION WITH THE EXISTING EAST RIGHT-OF-WAY LINE OF 55TH AVENUE, A 50 FOOT RIGHT-OF-WAY AS SHOWN ON SAID RIGHT-OF-WAY MAP, AND WITH THE EXISTING NORTH RIGHT-OF-WAY LINE OF SAID COUNTY ROAD 510, SAID POINT BEING THE SOUTHWEST CORNER OF A PARCEL OF LAND OWNED BY ST. SEBASTIAN CONFERENCE OF ST-VINCENT DE PAUL. AS RECORDEDIN OFI=[CIAL RECORDS BOOR 1002, PAGE 1661 OF THE PUBLIC RECORDS, INDIAN RIVER- COUNTY, FLORIDA; THENCE NORTH 00038'55" WEST, ALONG THE WEST LINE OF SAID ST. SEBASTIAN PARCEL AND SAID EAST RIGHT-OF-WAY LINE. A DISTANCE OF 26.69 FEET; THENCE SOUTH 44041 '54" EAST, A DISTANCE OF 14.42 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE TO THE NORTH. HAVING A RADIAL BEARING OF NORTH 0120'12" EAST, AND TO THE POINT OF BEGINNING; THENCE EASTERLY ALONG SAID CURVE, HAVING A RADIUS OF 2003.00 FEET, THROUGH A CENTRAL ANGLE OF 03008'47". AN ARC DISTANCE OF 109.99 FEET TO A NON-TANGENT POINT, SAID POINT HAVING A RADIAL BEARING OF NORTH 01048'35- WEST; THENCE- NORTH 00°38'55- WEST. A DISTANCE OF 30.01 FEET TO A POINT ON A NON-TANGENT CURVE CONCAVE TO THE NORTH. HAVING A RADIAL BEARING OF NORTH 01049`39" WEST; THENCE EASTERLY ALONG SAID CURVE. HAVIN A RADIUS OF 1 .973.00 FEET, THROUGH A CENTRAL ANGLE OF 00°52'18". AN ARC DISTANCE OF 30.01 FEET TO A NON-TANGENT POINT, SAID POINT BEING ON THE EAST LINE OF THE AFOREMENTIONED ST. SEBASTIAN PARCEL, AND HAVING A RADIAL BEARING OF NORTH 02'41 '56" WEST; THENCE SOUTH 00038'55'" EAST, ALONG SAID EAST LINE, A DISTANCE OF 45.03 FEET TO A •PUINT ON A NON-TANGENT CURVE CONCAVE TO THE NORTH, HAVING A RADIAL BEARING OF NORTH 02039'11 " WEST; THENCE WESTERLY ALONG SAID CURVE, HAVING A RADIUS OF 2018.00 FEET, -THROUGH A CENTRAL ANGLE OF 03-33-00% AN ARC DISTANCE OF 125.03 FEET TO A NON-TANGENT POINT HAVING A RADIAL BEARING OF NORTH 00053'49- EAST; THENCE NORTH 44041 -54- WEST, A DISTANCE OF 21 .52 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 2,888 SQUARE FEET (0.066 ACRES) MORE OR LESS. PARCEL SKETCH - NOT A SURVEY COUNTY ROAD NO. 510 - PARCEL 724 INDIAN RIVER COUNTY wwma Tm PdEPMED(ST: DATA SrA1HCEa 342T H.* SSrh STREET Ft f M'm FT. LAUDERDALE. FL, 33309 CAFtDNO T� N/A PHONE--954.9315-9389 DRAW R.T. 06-14-12 Lo-s"s CHECKM 150*ER5 06-t4-t2 CARONO TBE PNt 05038-D02-DO SHEET 2 OF-21 171 CONSENT r (W INDIAN RIVER COUNTY MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works D' ector C4V____ FROM: Louise Gates, Land Acquisition Spec' SUBJECT: Right-of-Way Acquisition: 4650 85th Street,4695 86th Place and 4595 87th Street Parcel ID#31-39-28-00006-0090-00002.0; Project Parcel 772 Parcel ID#31-39-28-00006-0080-00001.0; Project Parcels 473 and 773 Parcel ID#31-39-27-00003-0000-00001.0; Project Parcels 474, 774 and 874 Seller: 510, LLC DATE: August 8, 2013 DESCRIPTION AND CONDITIONS The project consists of widening CR510 (85th Street) between 55th Avenue and the Indian River Lagoon, from a two-lane to a four-lane, median-divided roadway with turn lanes. The County needs to acquire 518 square feet of right-of-way (see Exhibits A, parcels 473 (W and 474), 8695 square feet of temporary construction easements (see Exhibits B, parcels 772, 773 and 774) and 41,104 square feet of drainage easement (joint-use stormwater retention pond — see Exhibit C, parcel 874) from 510, LLC. The property is zoned commercial. After meeting and negotiating with County staff, 510 LLC agreed to sell the right-of-way and easements (as detailed above) to the County for the sum of$47,659.89. This value was based on the recent appraisal of a nearby property along the CR510 corridor. The Seller retained the right to expand the retention pond in the future, at seller's expense, when the property is developed. There is an attorney consultation/review fee of$2,400. There are no appraisal fees. The County needs to acquire a total of 75 parcels to widen this section of CR510, with the parcel acquisition breakdown as follows: 1. Right-of-way(R/W)parcels= 29 2. Temporary construction easements(TCEs) = 28 3. Drainage easements (DEs) = 18 Total= 75 This acquisition represents six parcels (2 R/W, 3 TCEs and 1 DE), which would reduce the overall total of parcels needed from 75 to 69. Staff also has 2 pending acquisitions, which would further reduce the total from 69 to 67. F'.En«inearinr':(_<wised_ouiseCsatcs.:>�*endaittein,':B3t'agend�iitcm-X101.1(-'-t1Z�I ONroj�cLdi�c ` 172 Property Acquisition 4650 85th Street,4695 86'x'Place and 4595 87th Street August 8,2013—Page 2 of 2 (W FUNDING Funding for this expenditure is available in acct# 10215141-066120-05023, Traffic Impact Fees,District I, CR 510155th Ave to Indian River. For FY 12/13- $1,570,411 has been budgeted for ROW, with$55,224.89 being expended year to date. RECOMMENDATIONS Board options include the following: Option 1: Approve the transaction, purchasing the right-of-way (518 square feet), temporary construction easements (8,695 square feet) and drainage easement (41,104 square feet) for the purchase price of $47,659.89 plus $2,400 attorney fees totaling $50,159.89. Option 2: Reject the terms of the Agreement and continue to negotiate. (W Staff recommends Option 1: The Board of County Commissioners approves the purchase of the property at a price of$47,659.89 plus attorney fees of$2,400 and authorizes the Chairman to sign the Purchase and Sale Agreement. ATTACHMENT 1. One (1) "Original"of the Purchase Agreements. Two (2) Easements to be Indian River County Approyed Date recorded by Attorney Barkett. Administration )103 Budget 1 �3 DISTRIBUTION Legal Christopher R. Mora,P.E., Public Works Public Works Director JLfngineering Division C $'. -7 Louise Gates, Land Acquisition Specialist APPROVED AGENDA ITEM FOR: August 20,/2013J (W BY /y • Az. C/ 2 173 ORIGINAL AGREEMENT TO PURCHASE, SELL, AND LEASE REAL ESTATE BETWEEN INDIAN RIVER COUNTY (W AND 510, LLC AGENDA COPY THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of the day of , 2013, by and between Indian River County, a political subdivision of the State of Florida ("the County"), and 510, LLC, who agree as follows: WHEREAS, 510, LLC owns property located at 4650 CR 510, Sebastian, FL 32958,4695 86th Place, Sebastian, FL 32958 and 4595 87th Street,Vero Beach, FL 32967. A sketch and legal description of the property is attached to this agreement as Exhibit"A", "B" and "C", incorporated by reference herein; and WHEREAS, the County is scheduled to expand CR510, also known as 85th Street, in the future and the road expansion will impact the property of 510, LLC; and WHEREAS, in order for the County to proceed with its road expansion plans, the County needs to purchase property to be used as right-of-way from landowners adjacent to CR510; and WHEREAS,the County has contacted 510, LLC and has offered to purchase a total of approximately 518 square feet of property to be used as road right-of-way, as depicted on Exhibit "A", 8,695 square feet of property to be used as a temporary construction easement, as depicted on Exhibit "B" and a total of approximately 44,104 square feet of property to be used as a drainage easement, as depicted on Exhibit"C"(the Property),and WHEREAS, the County is prepared to take the Property by using its power of eminent domain; and WHEREAS, 510, LLC and the County wish to avoid the risk, time and expense of litigation by entering into this agreement for sale and purchase of the Property; NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter, the COUNTY and SELLER agree as follows: 1. Recitals. The above recitals are affirmed as being true and correct and are incorporated herein 2. Agreement to Purchase and Sell The Seller hereby agrees to sell to the County, and the County hereby agrees to purchase from Seller, upon the terms and condi ons.set forth in this Agreement that certain parcel of real property located on SR5'10, 86'hPlace, Sebastian, Florida and more specifically described in the sketch and legal description attached as Exhibit"A",fee simple, containing approximately 518 square feet, Exhibit"B", temporary construction easement, containing approximately 8,695 square feet and Exhibit "C", drainage easement, containing approximately 41,104 square feet, all improvements thereon, together with all easements, rights and uses now or hereafter belonging .,. thereto(collectively, the"Property"). Seller shall have the right to expand the retentionP and 1. 174 OitIG AL when the property is developed. Expense to increase size of retention pond shall be solely the developer's, with approval of the County staff. 2.1 Purchase Price, Effective Date The purchase price ("Purchase Price") for the Property shall be $47,659.89 (Forty Seven Thousand Six Hundred Fifty-Nine and 89/100 Dollars)_The Purchase Price shall be paid on the Closing Date. The Effective Date of this Agreement shall be the date upon which the County shall have approved the execution of this Agreement, either by approval by the Indian River County Board of County Commissioners at a formal meeting of such Board or by the County Administrator pursuant to his delegated authority. 3. Title. Seller shall convey marketable title to the Property by warranty deed free of claims, liens, easements and encumbrances of record or known to Seller; but subject to property taxes for the year of Closing and covenants, restrictions and public utility easements of record provided (a) there exists at Closing no violation of any of the foregoing; and (b)none of the foregoing prevents County's intended use and development of the Property ("Permitted Exceptions"). 3.1 County may order an Ownership and Encumbrance Report or Title Insurance Commitment with respect to the Property. County shall within fifteen (15) days following the Effective Date of this Agreement deliver written notice to Seller of title defects. Title shall be deemed acceptable to County if(a) County fails to deliver notice of defects within the time specified, or(b) County delivers notice and Seller cures the defects within thirty (30)days from receipt of notice from County of title defects("Curative Period"). Seller shall (W use best efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period, County shall have thirty (30) days from the end of the Curative Period to elect, by written notice to Seller, to: (i) to terminate this Agreement, whereupon shall be of no further force and effect, or(ii)extend the Curative Period for up to an additional 90 days; or (iii) accept title subject to existing defects and proceed to closing. Title Insurance shall be purchased by the County. 4. Representations of the Seller. 4.1 Seiler is indefeasibly seized of marketable,fee simple title to the Property, and is the sole owner of and has good right, title, and authority to convey and transfer the Property which is the subject matter of this Agreement, free and clear of all liens and encumbrances. 4.2 From and after the Effective Date of this Agreement, Seller shall take no action which would impair or otherwise affect title to any portion of the Property, and shall record no documents in the Public Records which would affect title to the.Property, without the prior written consent of the County. 4.3.1 There are no existing or pending special assessments affecting the Property,which are or may be assessed by any governmental authority, water or sewer authority, school district, drainage district or any other special taxing district. 175 GRIM AL (° 5. Default. 5.1 In the event the County shall fail to perform any of its obligations hereunder, the Seller shall, at its sole option, be entitled to: (i)terminate this Agreement by written notice delivered to the County at or prior to the Closing Date and thereupon neither the Seller nor any other person or party shall have any claim for specific performance, damages, or otherwise against the County; or (ii) waive the County's default and proceed to Closing. 5.2 In the event the Seller shall fail to perform any of its obligations hereunder, the County shall,at its sole option, be entitled to: (i)terminate this Agreement by written notice delivered to the Seller at or prior to the Closing Date and thereupon neither the County nor any other person or party shall have any claim for specific performance, damages or otherwise against the Seller; or(ii)obtain specific performance of the terms and conditions hereof; or(iii) waive the Seller's default and proceed to Closing: 6. Closing. 6.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall take place within 46 days following the execution of the contract by the Chairman of the Board of County Commissioners. The parties agree that the Closing shall be as follows: (a) The Seller shall execute and deliver to the County a warranty deed conveying marketable title to the Property, free and clear of all liens and encumbrances and in the condition required by paragraph 3. (b) The Seller shall have removed all of its personal property and equipment from the. Property and Seller shall deliver possession of the Property to County vacant and in the same or better condition that existed at the Effective Date hereof. (c) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails to do so, County may use a portion of Purchase Price funds to satisfy the encumbrances. (d) If the Seller is a non-resident alien or foreign entity, Seller shall deliver to the County an affidavit, in a form acceptable to the County, certifying that the Seller and any interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980. (e) The Seller and the County shall each deliver to the other such other documents or instruments as may reasonably be required to close this transaction. 6.2 Taxes. All taxes and special assessments which are a lien upon the property on or prior to the Closing Date (except current taxes which are not yet due and payable) shall be paid by the Seller. 7. Closing Costs: Expenses. County shall be responsible for preparation of all Closing documents. 3 176 ORIGINAL 7.1 County shall pay the following expenses at Closing: 7.1.1 The cost of recording the warranty deed and any release or satisfaction obtained by Seller pursuant to this Agreement. 7.1.2 Documentary Stamps required to be affixed to the warranty deed. 7.1.3 All costs and premiums for the owners marketability title insurance commitment and policy. 7.2 Seller shall pay the following expenses at or prior to Closing: 7.2.1 All costs necessary to cure title defect(s) or encumbrances, other than the Permitted Exceptions, and to satisfy or release of record all existing mortgages, liens or encumbrances upon the Property. 8. Miscellaneous. 8.1 Controlling Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Indian River County for all state court matters, and in the Southern District of Florida for all federal court-matters. 8.2 Condemnation. In the event that all or any part of the Property shall be acquired or condemned for any public or quasi-public use or purpose, or if any acquisition or (W condemnation proceedings shall be threatened or begun prior to the Closing of this transaction, County shall have the option to either terminate this Agreement, and the obligations of all parties hereunder shall cease, or to proceed, subject to all other terms, covenants, conditions, representations and warranties of this Agreement,to the Closing of the transaction contemplated hereby and receive title to the Property; receiving, however, any and all damages, awards or other compensation arising from or attributable to such acquisition or condemnation proceedings. County shall have the right to participate in any such proceedings. 8.3 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements, written or oral, between the Seller and the County relating to the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties. 8.4 Assignment and Binding Effect. Neither County nor Seller may assign its rights and obligations under this Agreement without the prior written consent of the.other.party. The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns. 8.5 Notices. Any notice shall be deemed duly served if personally served or if mailed by certified mail, return receipt requested, or if sent via "overnight' courier service or facsimile transmission, as follows: 4 177 ORIGINAL If to Seller: 510, LLC, Thomas P. Kennedy, Mgr. 4310 77th Street Vero Beach, FL 32967 If to County: Indian River County 1801 27th Street Vero Beach, FL. 32960 Attn: Land Acquisition/Louise Gates Either party may change the information above by giving written notice of such change as provided in this paragraph. 8.6 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, representation or warranty made in this Agreement by or on behalf of either party, or in any instruments delivered pursuant hereto or in connection herewith, shall survive the Closing Date and the consummation of the transaction provided for herein. The covenants, agreements and undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on only by the other party hereto, its.successors and assigns,and are not made for the benefit of, nor may they be relied upon,by any other person whatsoever. (w 8.7 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to this Agreement, each party shall bear its own attorney's fees, costs, and expenses. 8.8. Counterparts. This Agreement maybe executed in two or more counterparts,each one of which shall constitute an original. 8.9. County Approval Required: This Agreement is subject to approval by the Indian River County as set forth in paragraph 2. 8.10 Beneficial Interest Disclosure: In the event Seller is a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall provide a fully completed, executed, and sworn beneficial interest disclosure statement in the form attached to this Agreement as an exhibit that complies with all of the provisions of Florida Statutes Section 286.23 prior to approval of this Agreement by the County. However, pursuant to Florida Statutes Section 286.23 (3) (a), the beneficial interest in any entity registered with the Federal Securities and Exchange Commission, or registered pursuant to Chapter 517, Florida Statutes,whose interest is for sale to the general public, is exempt from disclosure, and where the Seller is.a non-public entity, that Seller is not required to disclose persons or entities holding less than five(5%) percent of the beneficial interest in Seller. 8.11 "Seller acknowledges receipt of the "Notice to Owner" and understands his/her rights granted under Florida Law Chapters 73 and 74." Initials 5 178 ORIGINAL (W IN WITNESS WHEREOF,the undersigned have executed this Agreement as of the date first set forth above. INDIAN RIVER COUNTY, FLORIDA 5104P. Kenn BOARD OF COUNTY COMMISSIONERS Joseph E. Flescher, Chairman Ken y, President Date Approved by BCC ATTEST: Jeffrey R.Smith, Clerk of Court and Comptroller (W By: Deputy Clerk ;oseph proved: . Baird, County Administrator Appro d a to Foim ci L'gal Sufficiency: ounty A orney L 6 179 SKETCH OF DESCRIPTION PARCEL 31392800006008000001 . 0 (W 510, LLC. 0•RSTATEgROAD P510G. 364 BIT r RIGHT-OF-WAY PARCEL 473 SURVEYOR'S NOTES: 1 . THIS IS NOT A BOUNDARY SURVEY. 2. BEARINGS SHOWN BASED ON CENTERLINE OF STATE ROAD 510 AND SOUTH LINE OF THE S.E. 1 /4 OF SECTION 2B; SAID LINE BEARS S 89'55'50" E. 3. DISTANCES SHOWN BASED ON ENGLISH UNITS, US SURVEY FOOT. 4- THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON THE PRELIMINARY RIGHT-OF-WAY MAP FOR COUNTY ROAD 510 (WABASSO ROAD), PREPARED BY BURDETTE AND ASSOCIATES. DATED "FINAL GMB 3-OB". CONSISTING OF 10 SHEETS AS DIRECTED BY INDIAN RIVER COUNTY. FLORIDA. 5. THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESS- 1 EGEND 6 • BASELINE C� CENTER LINE >� PROPERTY LINE PG. PAGE (W C.R. - COUNTY ROAD FND. - FOUND ESMT - EASEMENT 4 - DELTA L - ARC LENGTH R RADIUS A.O.C. - POINT OF COMMENCEMENT R/W RIGHT-OF-WAY P.O.B. POINT OF BEGINNING D.E. • DRAINAGE EASEMENT U.E. = UTILITY EASEMENT SEC. SECTION S.R. STATE ROAD O.R.B. OFFICIAL RECORDS BOOK 0 - BLOCK NUMBER CERTIFICATION: I HEREBY CERTIFY THAT THIS SKETCH OF DESCRIPTION. IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF AND WAS PREPARED UNDER MY DIRECT SUPERVISION. FURTHER, THIS DOCUMENT 1S IN COMPLIANCE WITH THE-MINIMUM TECHNICAL STANDARDS FOR THE STATE OF FLORIDA AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS PURSUANT TO SECTION 472.027 FLORIDA STATUTES. FOR THE FIRM. ---------------------------------------------- CHR]S30PHER P. MILLER, PSM FLORIDA REGISTRATION NUMBER 5921 CARDNO TBE PARCEL SKETCH - NOT A SURVEY ME STATE ROAD NO. 510 - PARCEL 473 INDIAN RIVER COUNTY CARDNq TBE racrnam an aau SWRCE. ^O 34x7 N.W. SSrit STREET ST aatE `j(J FT. {.AUDERDALE. FL. 33304 --MHO TME HtA PHONE..esA-439-9384" DURN E% LER 01.26•i3 a o.ccan rannun •rnr n... ..r n•.n n..•, ..n .-...�.. ,,.- - SKETCH OF DESCRIPTION PARCEL 31392800006008000001 . 0 (W 510, LLC- O. R.B. 1983, PG. 364 M STATE ROAD 510 ` RIGHT-OF-WAY PARCEL 473 m 04 z 0 WEONA PARK P.B. 2, PG. [7 V)) a. 510, LLC > D.R.B. 1983, PG. 364 �)-I \_../ a z_�z 3139280000fi008000001 .0 6D' z L 2 WZa: Q¢�� 86th STREETNY \C2 `--f 125 PARCEL 473— EAST L 1 NE ) f \ 1 \� LOT 17 P.O.B. PARCEL 473 I PARCEL 473 DETAIL "A" PARCEL 473 SOUTH LINE 1 l NOT TO SCALE LOT 17 \ .P L D.E. ACQUIRED BY L32 a . SEPARATE DOCUMENT- � 86th STREET PARCEL 873 - PALM BLVD. (P) PARCEL 473 J SEE DETAIL "A" cl ui �O ti 0 tn �¢ �o z o z�,° o C� 28 LI S 89'S5'Sd� E 33\:\E�CTION LINE _DATA LINE 8LWABASSO CDVEY R; 510 CURVE DATA LINE BEARING DISTANCE L! S B9°55'50" E 2B9.11 ' O.C. CI L2 N 44°49'10" W 40.00' 5. 1 /4 CORNER -A • 44°53'20" L3 N 89055'52" W 14. 17' SEC- 28-31 -39 L - 519.58' L4 N 45°10'50` E 20-76' FND. BOAT SPIKE R - 663. 19' L5 IS 00-16=E [4.03' L6 I S 45010'50" W D.88- PARCEL SKETCH - NOT A SURVEY TBE STATE ROAD NO. 510 - PARCEL 473 INDIAN RIVER COUNTY 344 77 N 27 N TSS.1k. SSrts STREET 87 OAIE PWAAW Hs. —ASWRtEr � V 3 FT. LeIUQEADAL,E. FL, 33'.!09 CAPOHO TBE NIA h)tONE•*BS4-939-S3B 9 Mkwi r)q LL£Si---2H-i 3 SKETCH OF DESCRIPTION (W PARCEL 31392800006008000001 . 0 510, LLC. O.R.B. 1983, PG. 364 STATE ROAD 510 RIGHT-OF-WAY PARCEL 473 STATE ROAD 510 RIGHT-OF-WAY PARCEL 473 A PORTION OF LOT 17. BLOCK S. "WEONA PARK", ACCORDING TO THE PLAT THEREOF. AS RECORDED IN PLAT BOOK 2. PAGE 17, OF THE PUBLIC RECORDS, INDIAN RIVER COUNTY. FLORIDA. LYING IN SECTION 28, TOWNSHIP 31 SOUTH. RANGE 39 EAST, OF INDIAN RIVER COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTH OAURTER CORNER OF SECTION 28. TOWNSHIP 31 SOUTH, RANGE 39 EAST. OF INDIAN RIVER COUNTY, SAID POINT BEING ON THE SURVEY BASELINE FOR COUNTY ROAD 510 AS SHOWN ON THE UNRECORDED INDIAN RIVER COUNTY RIGHT-OF-WAY MAP FOR COUNTY ROAD 510 (WABASSO ROAD), SHEET 8 OF 10; THENCE SOUTH 89.55'50" EAST, ALONG THE SOUTH LINE OF SAID SECTION 28 AND THE SAID SURVEY BASELINE. A DISTANCE OF 289. 11 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE NORTHWEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND ALONG SAID SURVEY BASELINE, HAVING A RADIUS OF 663.19 FEET, THROUGH A CENTRAL ANGLE OF 44053'20". AN ARC DISTANCE OF 519.58 FEET TO A POINT OF TANGENCY; THENCE NORTH 45010'50" EAST, ALONG SAID SURVEY BASELINE, A DISTANCE OF 791.14 FEET; THENCE NORTH 44049'10" WEST, A DISTANCE OF 40.00 FEET T0. A POINT OF INTERSECTION OF THE EXISTING NORTHERLY RIGHT-OF-WAY LINE OF SAID STATE ROAD 510 AND THE SOUTH LINE OF THE AFOREMENTIONED LOT 17 OF A PARCEL OF LAND OWNED BY 510 LLC, AS RECORDED IN OFFICIAL RECORDS BOOK 1983, PAGE 364. OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE: NORTH 89055'52" WEST. ALONG SAID SOUTH LINE OF LOT 17. A DISTANCE OF 14.17 FEET; THENCE NORTH 45'10'50" EAST. A DISTANCE OF 20.76 FEET TO A POINT ON THE EAST LINE OF THE AFOREMENTIONED LOT 17; THENCE SOUTH 00016'57" EAST. ALONG SAID EAST LINE OF LOT 17. A DISTANCE OF 14.03 FEET TO A POINT ON THE SAID EXISTING NORTHERLY RIGHT-OF-WAY LINE OF SAID STATE ROAD 510= THENCE SOUTH 45010'50" WEST. ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 0.88 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 108 SQUARE FEET (0.002 ACRES) MORE OR LESS. L PARCEL SKETCH - NOT A SURVEY TBE STATE ROAD NO. 510 - PARCEL 473 INDIAN RIVER COUNTY 1 R-//1/ 34 7 H W. -- -- gr_ — n+r[ rner.n_m ars a.i•sau.ee1 V 3+2t N.N. OALE STREET 3 CAR�NO 78E NSA rr_ , ♦nOCRO u_E_ FL_ 33'.SD9 _.... ,_ __ _ SKETCH OF DESCRIPTION (W PARCEL 31392700003000000001 . 0 KENNETH B. KENNEDY ORB 1970 PG 1456 STATE ROAD 510 RIGHT-OF-WAY PARCEL 474 SURVEYOR'S NOTES- ' - THIS IS NOT A BOUNDARY SURVEY. 2. BEARINGS SHOWN BASED ON CEN7ERLINE OF STATE ROAD 510 AND SOUTH LINE OF THE S.E. 1 /4 OF SECTION 28; SAID LINE BEARS S 8 9 55'50" E. 3. DISTANCES SHOWN BASED ON ENGLISH UNITS. US SURVEY FOOT. 4. THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON THE PRELIMINARY RIGHT-OF-WAY MAP FOR COUNTY ROAD 510 (WABASSO ROAD), PREPARED BY BURDETTE AND ASSOCIATES, DATED "FINAL GMB 3-08". CONSISTING OF 10 SHEETS AS DIRECTED BY INDIAN RIVER COUNTY. FLORIDA. 5. THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESS. LEGEN B BASELINE CENTER LINE PROPERTY LINE PG. PAGE C.R. COUNTY ROAD (W FND. FOUND ESMT = EASEMENT A DELTA L - ARC LENGTH R - RADIUS P-0-C. - POINT OF COMMENCEMENT R/W - RIGHT-OF-WAY P.O.B. - POINT OF BEGINNING P.B. • PLAT BOOK D.E. • DRAINAGE EASEMENT U.E. - UTILITY EASEMENT SEC. . SECTION S.R. . STATE ROAD O.R.B. • OFFICIAL RECORDS BOOK CERTIFICATION: I HEREBY CERTIFY THAT THIS SKETCH OF DESCRIPTION IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF AND WAS PREPARED UNDER MY DIRECT SUPERVLSI.ON. FURTHER,_ THIS .DOCUMENT__IS IN, COMPLIANCE WITH THE MINIMUM TECHNICAL STANDARDS FOR THE STATE OF FLORIDA AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS PURSUANT TO SECTION 472.027 FLORIDA STATUTES. FOR THE FIRM. CHR}STOPHER P. MILLER,'PSM-------------------- FLORIDA REGISTRATION NUMBER 5921 CARDNO TBE PARCEL SKETCH - NOT A SURVEY TBE STATE ROAD NO. 510 - PARCEL 474 �IMNDIAN RIVER COUNTY //�� CARDP7D W. .1 DAM PAEPAR@ 6TH , 183 V-J 3�2T N-Y!• SSih STREET 3 FT. LAUDERDALE. FL. 33309 CARM40;B: P++OttE••95,-538-9389 Ma( tUILLER03-11-t3 SKETCH OF DESCRIPTION PARCEL 31392700003000000001 . 0 (W KENNETH B. KENNEDY ORB 1970 PG 1456 STATE ROAD 510 M RIGHT-OF-WAY PARCEL 474 m N z 0 r U W th AGN E 11 . 60' 'C SNS Q� ro E A HNEaY p pRL�� AtpGI co=" R• 510 [0 A` A1A o \p,LA r SEPARATEOUIRED DOCUMENT- PARCEL 874' Q���1�.���\aj/ vo �P yb °ti\ J��10 KENNETH B. KENNEDY �1 "'L O.R.B. 1970, PG. 1456 31392700003000000001 .0 w r,° q-, o� L t NE DATA h � P �a\� �.<So�O LINE BEARING DISTANCE J�J �gZ Ll S 89055'50" E 289.1 1 ' Q� L2 N 56'21 '25" E 84. 17' L3 N 33038'35" W 40.00' L4 IN 51'36'27" El 80.79' L5 N 19038'09" E 30.58' L6 IS 10'02'10" W 30.85' 28 Ll G S 99°55'50" E L7 15 56°21 '25" W 24.27' 33 ECT1ON LIME 8 @ 5(lRVEY C.R. 510 CURVE DATA (WABASSO RD. ) .O.C. Cf C2 C3 S. 1 /4 CORNER 0 - 44°53'20" A - 11°10'35" A • 00015'20" . 28-31-39 L - 519-58' L 558.82' L 32.52' SEC. BOAT SPIKE R - 663. 19' R - 2.864.79' R 7.288.24' FNDC4 C5 A • 00°15'42" A 00027'40" L - 33.28' L 56.75' R - 7.284.24' R • 7.299.00' PARCEL SKETCH - NOT A SURVEY TBE STATE ROAD NO. 510 - PARCEL 474 INDIAN RIVER COUNTY Q A CAi2DN0 T9E pr part rpipom0 4 er. °ata senna. o 34 T N.p. 551,m STREET FT- LAUDERDALE. FL. 33309 CRRprtO'IB5 rt�a SKETCH OF DESCRIPTION (W PARCEL 31392700003000000001 . 0 KENNETH B. KENNEDY ORB 1970 PG 1456 STATE ROAD 510 RIGHT-OF-WAY PARCEL 474 STATE ROAD 510 RIGHT-DF-WAY PARCEL 474 A PORTION OF "NARANJA TRACT SHELLMOUND BEACH". ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1 , PAGE 6. OF THE PUBLIC RECORDS, INDIAN RIVER COUNTY, FLORIDA, LYING IN SECTION 28, TOWNSHIP 31 SOUTH. RANGE 39 EAST, OF INDIAN RIVER COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTH DAURTER CORNER OF SECTION 28. TOWNSHIP 31 SOUTH. RANGE 39 EAST, OF INDIAN RIVER COUNTY, SAID POINT BEING ON THE SURVEY BASELINE FOR COUNTY ROAD 510 AS SHOWN ON THE UNRECORDED INDIAN RIVER COUNTY RIGHT-OF-WAY MAP FOR COUNTY ROAD 510 (WABASSO ROAD), SHEET 8 OF 10; THENCE SOUTH 89°55'50" EAST, ALONG THE SOUTH LINE OF SAID SECTION 28 AND THE SAID SURVEY BASELINE, A DISTANCE OF 289.11 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE NORTHWEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND ALONG SAID SURVEY BASELINE, HAVING A RADIUS OF 663. 19 FEET. THROUGH A CENTRAL ANGLE OF 44053'20", AN ARC DISTANCE OF 519.58 FEET TO A POINT OF TANGENCY; THENCE NORTH 45010'50" EAST, ALONG SAID SURVEY BASELINE, A DISTANCE OF 1 ,062.02 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE SOUTHEAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND ALONG SAID SURVEY BASELINE, HAVING A RADIUS OF 2,864.79 FEET, THROUGH A CENTRAL ANGLE OF Il'IO'35 AN ARC DISTANCE OF 558.82 FEET TO A POINT OF TANGENCY; THENCE NORTH 56021 '25" EAST. ALONG SAID SURVEY BASELINE, A DISTANCE OF 84. 17 FEET; THENCE NORTH 33038'35" WEST, A DISTANCE OF 40.00 FEET TO A POINT ON THE EXISTING NORTHERLY RIGHT-OF-WAY LINE OF STATE ROAD 510 AND THE SOUTHERLY LINE OF A PARCEL OF LAND OWNED BY KENNETH B. KENNEDY, AS RECORDED IN OFFICIAL RECORDS BOOK 1970. PAGE 1456, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. SAID POINT ALSO BEING THE POINT OF BEGINNING: THENCE NORTH 51°36'27" EAST, A DISTANCE OF 80.79 FEET TO A NON-TANGENT POINT ON A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIAL BEARING OF NORTH 33'24'20" WEST% THENCE NORTHEASTERLY ALONG SAID CURVE. HAVING A RADIUS OF 7,288.24 FEET, THROUGH A CENTRAL ANGLE OF 00015'20". AN ARC DISTANCE OF 32.52 FEET; THENCE NORTH 19°38'09" EAST. A DISTANCE OF 30.58 FEET TO A POINT ON THE SAID EXISTING NORTHERLY RIGHT-OF-WAY LINE AND SAID SOUTHERLY LINE OF A PARCEL OF LAND OWNED BY KENNETH B. KENNEDY; THENCE SOUTH 10002'10" WEST, ALONG SAID EXISTING NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 30.85 FEET TO A NON-TANGENT POINT ON A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIAL BEARING OF NORTH 33'06'59" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE AND SAID EXISTING NORTHERLY RIGHT-OF-WAY LINE. HAVING A RADIUS OF 7,284.24 FEET, THROUGH A CENTRAL ANGLE OF 00015'42-. AN ARC DISTANCE OF 33.28 FEET TO A NON-TANGENT POINT ON A CURVE CONCAVE TO THE SOUTHEAST. HAVING A RADIAL BEARING OF NORTH 36'01 '52" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE AND SAID EXISTING NORTHERLY RIGHT-OF-WAY LINE. HAVING A RADIUS OF 7,299.00 FEET, THROUGH A CENTRAL ANGLE OF 00027'40", AN ARC DISTANCE OF 58.75 FEET; THENCE SOUTH 56'21 '25" WEST. ALONG SAID EXISTING NORTHERLY RIGHT-OF-WAY LINE. A DISTANCE OF 24.27 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 410 SOUARE FEET (0.009 ACRES) MORE OR LESS. L PARCEL SKETCH - NOT A SURVEY TBE STATE ROAD NO. 510 -PARCEL 474 INDIAN RIVER COUNTY 185 CARDHO 79E Br VAr. rncrinm on o,s.sutnc[. 3,27 N.+II. SSrn STREET Cx. C.0"r,E s1/� T. LAUDERDALE. FL. 33309 SKETCH OF DESCRIPTION PARCEL 31392800006009000002. 0 510, LLC. IT mm" (W O.R. B. 1983, PAGE 364 C M STATE ROAD 510 TEMPORARY CONSTRUCTION EASEMENT 772 SURVEYOR'S NOTES: 1 . THIS IS NOT A BOUNDARY SURVEY. 2. BEARINGS SHOWN BASED ON CENTERLINE OF STATE ROAD 510 AND SOUTH LINE OF THE S.E. 1 /4 OF SECTION 2B; SAID LINE BEARS S 89055'50" E. 3. DISTANCES SHOWN BASED ON ENGLISH UNITS, US SURVEY FOOT. A. THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON THE PRELIMINARY RIGHT-OF-.WAY MAP FOR COUNTY ROAD 510 (WABASSO ROAD), PREPARED BY BURDETTE AND ASSOCIATES, DATED "FINAL GMB 3-08", CONSISTING OF 10 SHEETS AS DIRECTED BY INDIAN RIVER COUNTY, FLORIDA. 5. THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESS. LEGEN BASELINE CENTER LINE PROPERTY LINE PG. PAGE C.R. COUNTY ROAD FND. - FOUND ESMT EASEMENT - DELTA L L ARC LENGTH R RADIUS P.O.C. - POINT OF COMMENCEMENT R/W • RIGHT-OF-WAY P.O.B. • POINT OF BEGINNING D.E. • DRAINAGE EASEMENT U.E. • UTILITY EASEMENT SEC. • SECTION S.R. . STATE ROAD O.R.B. - OFFICIAL RECORDS BOOK !, • BLOCK NUMBER T.C.E. TEMPORARY CONSTRUCTION EASEMENT CERTIFICATIONS I HEREBY CERTIFY THAT THIS SKETCH OF DESCRIPTION IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF AND WAS PREPARED UNDER MY DIRECT SUPERVISION. FURTHER, THIS DOCUMENT IS IN COMPLIANCE WITH THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J-17 FLORIDA ADMINISTRATIVE CODE PURSUANT TO SECTION 472.027, FLORIDA STATUTES. FOR THE FIRM, — --- ----- --- ------------------------------ CHRISTOPHER P. MILLER, PSM FLORIDA REGISTRATION NUMBER 5921 CARDNO TBE PARCEL SKETCH - NOT A SURVEY TBE STATE ROAD NO. 510 - PARCEL 772 INDIAN RIVER COUNTY CARDNO TRE PPEPAR10 ST, DATA SDURCE, 3427 N.W. SSth STREET et DATE FT. LAUDERDALE, FL. 33309 CARDltO 7flE Nth PHOHE••9'SA•93B-9389 DRA" C MILLER D7-l9-l3 cEI.6668 ICHECKED'UsonERso7-!9•e3 CARDNO TBE PNs 05038-DD2 00 SHEET I OF 3 186 SKETCH OF DESCRIPTION PARCEL 31392800006009000002. 0 510, LLC. (W O. R. B. 1983, PAGE 364 STATE ROAD 510 TEMPORARY CONSTRUCTION EASEMENT 772 N z 0 U N 1 " • 60' WEONA PARK P.B. 2, PG. 17 86th STREET PALM BLVD. API a NORTH LINE LOT 13 L5 2 510, LEC G.R.B. 1983, PG. 364 31392800006009000002.0 --- -- g ---� - --- --- - so O, `�0. Ay Ph y, fh o SOUTH LINE /V`5 rn LOT1L 9 L4'r � 85th PLACE `' POINSETTIA BLVD. 1P1 P.O.B. T.C.E. PARCEL 772 �,�' , LINE DATA LINE BEARING DISTANCE LI 5 89055'50" E 289. 11 ' G� L2 N 45°10'50" E 356.01 ' 28 LI 5 89°55'50" E SEC.28-31 -39 L3 N 44°49'10" W 50.00' 33 SEC.33-31 -39 L4 N 89°55'52" WI 14. 17' SECTION LINE 8 @ SURVEY C.R. 510 IWABASSO RD. I CURVE DATA .0.C. S. 1/4 CORNER CI SEC. 28-31 -39 A 44053'20" FND. BOAT SPIKE L 519.58' R 663. 19' PARCEL SKETCH - NOT A SURVEY TBE STATE ROAD NO. 510 - PARCEL 772 INDIAN RIVER COUNTY CARDNO TBE PREPARED al. DATA SDURLEI 342T N.YE. SS,h STREET at DATE FT. LAUDERDALE. FL. 33309 CnRtlND THE Nin PHONE••954.938-9384 [�� C MILLER 07-19.13 187 LB+5668 E KEtl u SVIENs DT-19-13 CARDNO TBE PN% 05030-002-00 SHEET 2_0F 3 SKETCH OF DESCRIPTION PARCEL 31392800006009000002. 0 (W 510, LLC- O. R. B. 1983, PAGE 364 STATE ROAD 510 TEMPORARY CONSTRUCTION EASEMENT 772 STATE ROAD 510 TEMPORARY CONSTRUCTION EASEMENT 772 A PORTION OF LOTS 4,5.7.8,9, 12 AND 13, BLOCK 9, "WEONA PARK", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 17, OF THE PUBLIC RECORDS, INDIAN RIVER COUNTY, FLORIDA, LYING IN SECTION 28, TOWNSHIP 31 SOUTH, RANGE 39 EAST, OF INDIAN RIVER COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTH OAURTER CORNER OF SECTION 28. TOWNSHIP 31 SOUTH, RANGE 39 EAST, OF INDIAN RIVER COUNTY, SAID POINT BEING ON THE SURVEY BASELINE FOR COUNTY ROAD 510 AS SHOWN ON THE UNRECORDED INDIAN RIVER COUNTY RIGHT-OF-WAY MAP FOR COUNTY ROAD 510 (WABASSO ROAD), SHEET 8 OF 10; THENCE SOUTH 89'55'50" EAST, ALONO THE SOUTH LINE OF SAID SECTION 2$ AND THE SAID SURVEY BASELINE, A DISTANCE OF 289.11 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE NORTHWEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND ALONG SAID SURVEY BASELINE, HAVING A RADIUS OF 663. 19 FEET, THROUGH A CENTRAL ANGLE OF 44=53'20'. AN ARC DISTANCE OF 519.58 FEET TO A POINT OF TANGENCY= THENCE NORTH 45010'50" EAST, ALONG SAID SURVEY BASELINE, A DISTANCE OF 356.01 FEET; THENCE NORTH 44049'10" WEST, A DISTANCE OF 50.00 FEET TO A POINT OF INTERSECTION OF THE EXISTING NORTHERLY RIGHT-OF-WAY LINE OF SAID STATE ROAD 510 AND THE SOUTH LINE OF THE AFOREMENTIONED LOT 9 OF A PARCEL OF LAND OWNED BY 510 LLC, AS RECORDED IN OFFICIAL RECORDS BOOK 1983, PAGE 364, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE NORTH 89'55'52" WEST, ALONG SAID SOUTH LINE OF LOT 9, A DISTANCE OF 14. 17 FEET; THENCE NORTH 45°10'50" EAST, A DISTANCE OF 340.07 FEET TO A POINT ON THE NORTH LINE OF THE AFOREMENTIONED LOT 13; THENCE SOUTH 89'55'52" EAST, ALONG SAID NORTH LINE OF LOT 13, A DISTANCE OF 14.17 FEET TO A POINT ON THE SAID EXISTING NORTHERLY RIGHT-OF-WAY LINE OF SAID STATE ROAD 510; THENCE SOUTH 45010'50" WEST, ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 340.07 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 3,401 SQUARE FEET (0.078 ACRES) MORE OR LESS. PARCEL SKETCH - NOT A SURVEY B"1,C�B�da TBE STATE ROAD NO. 510 - PARCEL 772 INDIAN RIVER COUNTY CARONO TOE Bi DATE PREPAREO ST, DAT.S"CE. 342T N.W. SSTh STREET FT. LAL)DERpAt$. FL. 33309 CARDND TOE yiA PHOHE••944-938-4389 MW C IUJILER 07.14-13 J A A Le•sbsa c11EcaED u SOneAS 07.14-t3 CARDNO TBE PN, 05038-002-00 SHEET 3 OF 3 1oJ8J SKETCH OF DESCRIPTION PARCEL 31392800006008000001 . 0 510, LLC. (W O. R. B. 1983, PG. 364 STATE ROAD 510 TEMPORARY CONSTRUCTION EASEMENT 773 SURVEYOR'S NOTES: I . THIS 1S NOT A BOUNDARY SURVEY. 2. BEARINGS SHOWN BASED ON CENTERLINE OF STATE ROAD 510 AND SOUTH LINE OF THE S.E. 1 /4 OF SECTION 28; SAID LINE BEARS S 89°55'50" E. 3. DISTANCES SHOWN BASED ON ENGLISH UNITS US SURVEY FOOT. 4. THIS LEGAL DESCRIPTION AND SKETCH IS BdSED ON THE PRELIMINARY RIGHT-OF-WAY MAP FOR COUNTY ROAD 510 (WABASSO ROAD), PREPARED BY BURDETTE AND ASSOCIATES. DATED "FINAL GMB 3-08". CONSISTING OF 10 SHEETS AS DIRECTED BY INDIAN RIVER COUNTY, FLORIDA. 5. THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESS. LEGEN • BASELINE C . CENTER LINE t • PROPERTY LINE PG. • PAGE C.R. • COUNTY ROAD FND. • FOUND ESMT • EASEMENT 4 DELTA L • ARC LENGTH R • RADIUS P.O.C. • POINT OF COMMENCEMENT R/W • RIGHT-OF-WAY P.O.B. POINT OF BEGINNING D.E. DRAINAGE EASEMENT U.E. UTILITY EASEMENT SEC. - SECTION S.R. STATE ROAD O.R.B. - OFFICIAL RECORDS BOOK T.C.E. - TEMPORARY CONSTRUCTION EASEMENT 11 BLOCK NUMBER CERTIFICATION: I HEREBY CERTIFY THAT THIS SKETCH OF DESCRIPTION IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF AND WAS PREPARED UNDER MY DIRECT SUPERVISION. FURTHER. THIS DOCUMENT IS IN COMPLIANCE WITH THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J-17 FLORIDA ADMINISTRATIVE CODE PURSUANT TO SECTION 472.027. FLORIDA STATUTES._._ _ _ FOR THE FIRM, ---------------------------------------------- CHRISTQPHER P. MILLER, PSM FLORIDA REGISTRATION NUMBER 5921 CARDND TBE (W 9111- flu*% PARCEL SKETCH - NOT A SURVEY �F STATE ROAD NO. 510 - PARCEL 773 INDIAN RIVER COUNTY CARDND TOE PAEPNIED St, DtiA 500710Ei 3427 N.W. 55th STREET D1 DhTE FT. LAUDERDALE. FL. 33309 CaRONO TBE N/A PHONE-954-938-93s; DRAYM C E1fLLER 07.19.13 A LO.6668 CHECKED u 5DwERS 07.19.13 CARDND TBE M05036-002-00 SHEET I OF 3 (9 SKETCH OF DESCRIPTION PARCEL 31392800006008000001 .0 510, LLC. O. R. B. 1983, PG. 364 °; . STATE ROAD 510 TEMPORARY CONSTRUCTION EASEMENT 773 04 z O WEONA PARK J P.B. 2. PG. 17 T� 510, LLC D.R.B. 1983, PG. 364 LAI }w ~ 31392800006008000001 .0 >�� 1 60' i a z�z r ro a f La Xaa mo Li-j vZ 1/ • �: `r ' 'z¢ u �I 3 0aa ro V ti L4 aQ° P.O.B. w EAST LINE (P) srti� j T.C.E. PARCEL 773 vi �� LOT 17 86th STREETT.C.E. 773 DETAIL "A" T.C.E. PARCEL 773 Tn NSOUTH LINE \A NOT TO SCALE lh LOT 17 o `L4 L3 M 86th STREET o PALM BLVD. (P) P.O.B. SEE DETAIL "A" T.C.E. PARCEL 773 ~ 1 ° 1.� so �' Po, �,• ¢o o J P �p y A ��P z ui AQ- t ah �\' z t s �O. 0 Ln G'- %J��� Z a WIZ 1� Q- 28 L1 i' s 8905515Q" E L I NE DATA 33 ECTION LINE 8 LINE BEARING DISTANCE *..SURVEY C-R. 51.0 CURVE DATA Li- 5 89'55_,50" E 289.11 IWABASSO RD. ) L2 N 44°49'10•' W 40.00' .O.C. Cl L3 N 89'55'52" W 14. 17' S. 1 /4 CORNER p . 44*53.20" L4 N 89055'52" Vil 14. 17' SEC. 2B-31 -39 L 519.58' L5 N 45010'50" E 40.64' FND. BOAT SPIKE R 663. 19' L6 S 00°16'57" El 14.03- L7 S 451110'50" Wl 20.76' rarePARCEL SKETCH - NOT A SURVEY TBE STATE ROAD NO. 510 - PARCEL T73 INDIAN RIVER COUNTY CARDAIO TBE PNCPAIICO TIT, pAr1 stnmte 3,27 N.W. 55th STREET er [ATC FT. LAUDERDALE. FL. 33309 CARDW0 TBE qiA PHONE••954.938-9389 DRAW C STILLER 07-19-I3 LB•sssa CHECKED u SDxsRS 07.19-13 CARDNO TOE PNi 05038 002-00 SHEET 2 OF 3 190 SKETCH OF DESCRIPTION PARCEL 31392800006008000001 . 0 510, LLC. (W O. R. B. 1983, PG. 364 STATE ROAD 510 TEMPORARY CONSTRUCTION EASEMENT 773 STATE ROAD 510 TEMPORARY CONSTRUCTION EASEMENT 773 A PORTION OF LOT 17, BLOCK B. "WEONA PARK", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 17, OF THE PUBLIC RECORDS, INDIAN RIVER COUNTY, FLORIDA, LYING IN SECTION 28. TOWNSHIP 31 SOUTH, RANGE 39 EAST, OF INDIAN RIVER COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTH OAURTER CORNER OF SECTION 2B, TOWNSHIP 31 SOUTH, RANGE 39 EAST. OF INDIAN RIVER COUNTY, SAID POINT BEING ON THE SURVEY BASELINE FOR COUNTY ROAD 510 AS SHOWN ON THE UNRECORDED INDIAN RIVER COUNTY RIGHT-OF-WAY MAP FOR COUNTY ROAD 510 (WABASSO ROAD). SHEET 8 OF 10; THENCE SOUTH 89°55'50" EAST, ALONG THE SOUTH LINE OF SAID SECTION 28 AND THE SAID SURVEY BASELINE, A DISTANCE OF 2-89.11 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE NORTHWEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND ALONG SAID SURVEY BASELINE, HAVING A RADIUS OF 663. 19 FEET. THROUGH A CENTRAL ANGLE OF 44053'20", AN ARC DISTANCE OF 519.58 FEET TO A POINT OF TANGENCY: THENCE NORTH 45010'50" EAST, ALONG SAID SURVEY BASELINE, A DISTANCE OF 791. 14 FEET; THENCE NORTH 4449'10" WEST, A DISTANCE OF 40.00 FEET TO A POINT OF INTERSECTION OF THE EXISTING NORTHERLY RIGHT-OF-WAY LINE OF SAID STATE ROAD 510 AND THE SOUTH LINE OF THE AFOREMENTIONED LOT 17 OF A PARCEL OF LAND OWNED BY 510 LLC, AS RECORDED IN OFFICIAL RECORDS BOOK 1983, PAGE 364, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE NORTH 89055'52" WEST, ALONG SAID SOUTH LINE OF LOT 17, A DISTANCE OF 14. 17 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 89055'52" WEST, ALONG SAID SOUTH LINE OF LOT 17, A DISTANCE OF 14. 17 FEET; THENCE NORTH 45°10'50" EAST, A DISTANCE OF 40.64 FEET TO A POINT ON THE EAST LINE OF THE AFOREMENTIONED LOT 17; THENCE SOUTH 00'16'57" EAST, ALONG SAID EAST LINE OF LOT 17. A DISTANCE OF 14.03 FEETI THENCE SOUTH 45010'50" WEST, A DISTANCE OF 20.76 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 307 SQUARE FEET (0.007 ACRES) MORE OR LESS. PARCEL SKETCH - NOT A SURVEY TBE STATE ROAD NO. 510 - PARCEL 773 INDIAN RIVER COUNTY CARDNOTBE PREPARED 91, Dau S—E, 3427 N.W. 55th STREET at DATE 8T. LAUDERDALE. KL. 33309 CARDf10 79E p/t PHONE• 95A-938-9389 DRAM E UILL£R 0T-19-IS J Le.66se CHECKED U SMRS 07.19.13 CARONO TBE PNT 05038-002-00 SHEET 3 OF 3 "I� 91 SKETCH OF DESCRIPTION PARCEL 31392700003000000001 . 0 (W KENNETH B. KENNEDY ORB 1970 PG 1456 BUM STATE ROAD 510 TEMPORARY CONSTRUCTION EASEMENT 774 SURVEYOR'S NOTES: 1 . THIS IS NOT A BOUNDARY SURVEY. 2. BEARINGS SHOWN BASED ON CENTERLINE OF STATE ROAD 510 AND SOUTH LINE OF THE S.E. 1 /4 OF SECTION 28; SAID LINE BEARS S 89055'50" E. 3_ DISTANCES SHOWN BASED ON ENGLISH UNITS, US SURVEY FOOT. 4. THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON THE PRELIMINARY RIGHT-OF-WAY MAP FOR COUNTY ROAD 510 (WABASSO ROAD), PREPARED BY BURDETTE AND ASSOCIATES. DATED "FINAL GMB 3-08". CONSISTING OF 10 SHEETS AS DIRECTED BY INDIAN RIVER COUNTY, FLORIDA. 5. THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESS. LEGEND . BASELINE C.R. - COUNTY ROAD D.E. • DRAINAGE EASEMENT A • DELTA FND. • FOUND (W L • ARC LENGTH O.R.B. . OFFICIAL RECORDS BOOK P.B. • PLAT BOOK PG. ••PAGE R . PROPERTY LINE P.O.B. . POINT OF BEGINNING P.O.C. . POINT OF COMMENCEMENT R • RADIUS R/W • RIGHT-OF-WAY SEC_ . SECTION S.R. . STATE ROAD T.C.E. . TEMPORARY CONSTRUCTION EASEMENT CERTIFICATION: I HEREBY CERTIFY THAT THIS SKETCH OF DESCRIPTION IS TRUE AND ACCURATE TO' THE BEST OF MY KNOWLEDGE AND BELIEF AND WAS PREPARED UNDER MY DIRECT SUPERVISION. FURTHER. THIS DOCUMENT IS IN COMPLIANCE WITH THE MINIMUM--TECHNICAL STANDARDS FOR THE STATE OF FLORIDA AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS PURSUANT TO SECTION 472.027 FLORIDA STATUTES. FOR THE FIRM, _-IRIS---HER----P.---MILLER,MILL--------------------------- CHRISTOPPSM FLORIDA REGISTRATION NUi,1$ER 5921 CARDNO TBE PARCEL SKETCH - NOT A SURVEY TBE STATE ROAD NO. 510 - PARCEL 77.4 INDIAN RIVER COUNTY GARDND TBE ., UATE rnip-m Br. N a 19 2 ,342T K.W. SS'r'h STREET CkRouo TBE DA L.FT. At1DERDa E., FL. 33304 DRAp! 1[uI LLER 102.25.13 SKETCH OF DESCRIPTION PARCEL 31392700003000000001 . 0 (W KENNETH B. KENNEDY ORB 1970 PG 1456 STATE ROAD 510 M TEMPORARY CONSTRUCTION EASEMENT 774 N oz tgAC� SNE';'P��6 ►- C3 �,NJI* g. � tSAR p. V) D.E. ACOUIREO BY SEPARATE DOCUMENT- R� PARCEL 874 i " = 100' N60�A P 1' Lo p[,. p KENNETH B. KENNEDY J J O.R.B. 19TO, PG. 1456 31392700003000000001 .0 J, / zz z z SOUTH LINE w} KENNEDY PARCEL /r WEST LINE KENNEDY PARCEL WEST LINE GOVERNMENT LOT 6 �''�1 p��� ��C 25' (P l IL P.0.8. T.C.E. PARCEL 174 �p�J���Q�' Q•lJ B6th STREETypJ� L INE DATA PALM BLVD. IPI 1 t' LINE BEARING DISTANCE h�•� �Z�~J Li S 89°55'.50""-E• 289. 11 ' tee; L2 N DO-16'57" W 56.12' Ay1`b�• L3 N 00'16'57" W 14.03' L4 N 45'10'50 E 225.09' R 5 S 14'34'51 " E 11 .02' 6 5 45°10'50" W 234.93- 28 L1 .�___.S a9 ss'S_ 0." F CURVE DATA 33 C1 C2 SECTION LINE 8 A = 44053'20- A 05'20'20" SURVEY C.R. 510 L - 519.58' L 271.61 ' tWABASSO RD. ) R • 663.19' R 2.914.79' .D.C. C3 S. 1 /4 CORNER p = 05'14'51 " SEC. 2B-31-39 L 266.04' FND. BOAT SPIKE R 2,904.79' PARCEL SKETCH - NOT A SURVEY , Y�rn TSF STATE ROAD NO. S10 - PARCEL 774 INDIAN RIVER COUNTY A^ CA.RDNO TBE er DA7E p"PARM By. nAu swn¢. V l 31427 N.*. 3slrn STREET CA.4Dt1D TBE Hen J FTL►UQERGI.LE. FL. Mog DRAT# C Ulu ETIU-25-IS a• .—C..9SA-838-9389 _.._ SKETCH OF DESCRIPTION PARCEL 31392700003000000001 - 0 KENNETH B. KENNEDY ORB 1970 PG 1456 STATE ROAD 510 TEMPORARY CONSTRUCTION EASEMENT 774 STATE ROAD 510 TEMPORARY CONSTRUCTION EASEMENT PARCEL. 774 A PORTION OF "NARANJA TRACT SHELLMOUND BEACH". ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1 , PAGE 6, OF THE PUBLIC RECORDS, INDIAN RIVER COUNTY, FLORIDA. LYING IN SECTION 28, TOWNSHIP 31 SOUTH. RANGE 39 EAST. OF INDIAN RIVER COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTH OAURTER CORNER OF SECTION 28, TOWNSHIP 31 SOUTH, RANGE 39 EAST, OF INDIAN RIVER COUNTY, SAID POINT BEING ON THE SURVEY BASELINE FOR COUNTY ROAD 510 AS SHOWN ON THE UNRECORDED INDIAN RIVER COUNTY RIGHT-OF-WAY MAP FOR COUNTY ROAD 510 (WABASSO ROAD). SHEET 8 OF 10; THENCE SOUTH 89'55'50" EAST, ALONG THE SOUTH LINE OF SAID SECTION 28 AND THE SAID SURVEY BASELINE. A DISTANCE OF 289. 11 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE NORTHWEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND ALONG SAID SURVEY BASELINE. HAVING A RADIUS OF 663. 19 FEET. THROUGH A CENTRAL ANGLE OF 44-053'20". AN ARC DISTANCE OF 519.58 FEET TO A POINT OF TANGENCY; THENCE NORTH 45010'50" EAST, ALONG SAID SURVEY BASELINE, A DISTANCE OF 787.74 FEET TO A POINT ON THE WEST LINE OF GOVERNMENT LOT 6; THENCE NORTH 00'16'57" WEST. ALONG SAID WEST LINE OF GOVERNMENT LOT 6. A DISTANCE OF 56. 12 FEET TO A POINT ON THE EXISTING NORTHERLY RIGHT-OF-WAY LINE OF STATE ROAD 510 AND THE SOUTHERLY LINE OF A PARCEL OF LAND OWNED BY KENNETH B. KENNEDY, AS RECORDED IN OFFICIAL RECORDS BOOK 1970, PAGE 1456, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUE NORTH 00116'57" WEST. ALONG SAID WEST LINE OF GOVERNMENT LOT 6 AND ALONG THE WEST LINE OF SAID KENNEDY PARCEL AND WEST LINE OF AFOREMENTIONED PLAT NARANJA TRACT SHELLMOUND BEACH, A DISTANCE OF 14.03 FEET; THENCE NORTH 45010'50' EAST, A DISTANCE OF 225.09 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE SOUTHEAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 2,914.79 FEET. THROUGH A CENTRAL ANGLE OF 05°20'20". AN ARC DISTANCE OF 271 .61 FEET , THENCE SOUTH 14034'51" EAST, A DISTANCE OF 11 -02 FEET TO A POINT ON SAID EXISTING NORTHERLY RIGHT-OF-WAY LINE AND TO A NDN-TANGENT POINT ON A CURVE CONCAVE TO THE 'SOUTHEAST, HAVING A RADIAL BEARING OF NORTH 39034'19" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE AND ALONG SAID EXISTING NORTHERLY RIGHT-OF-WAY LINE, HAVING A RADIUS OF 2,904.79 FEET. THROUGH A CENTRAL ANGLE OF 05°14.51 ", AN ARC DISTANCE OF 266.04 FEET TO A POINT OF TANGENCY; THENCE SOUTH 45010'50" WEST, ALONG SAID EXISTING NORTHERLY RIGHT-OF-WAY LINE. A DISTANCE OF 234.93 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 4.987 SQUARE FEET (0. 114 ACRES) MORE OR LESS. PARCEL SKETCH - NOT A SURVEY TBE STATE ROAD NO. 510 - PARCEL 774 INDIAN RIVER COUNTY CARdNN r6E nr ar nrcran�or. OaTR SOpflCEi 19 4 FT. A W. SSrfs STREET Ct.4pND TBE Rif BY^ LAUDERDALE.h Yen 333D4 mAvi Ir UILLER QZ-25-13 SKETCH OF DESCRIPTION PARCEL 31392700003000000001 . 0 KENNETH B. KENNEDY ORS 1970 PG 1456 STATE ROAD 510 DRAINAGE EASEMENT 874 IES® . H 19034 1 ON 0 a w- SURVEYOR'S NOTES: 1 . THIS IS NOT A BOUNDARY SURVEY. 2. BEARINGS SHOWN BASED ON CENTERLINE OF STATE ROAD 510 AND SOUTH LINE OF THE S.E. 1 /4 OF SECTION 28; SAID LINE BEARS S 89055'50" E. 3. DISTANCES SHOWN BASED ON ENGLISH UNITS, US SURVEY FOOT. 4. THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON THE PRELIMINARY RIGHT-OF-WAY MAP FOR COUNTY ROAD 510 (WABASSO ROAD), PREPARED BY BURDETTE AND ASSOCIATES, DATED "FINAL GMB 3-08". CONSISTING OF 10 SHEETS AS DIRECTED BY INDIAN RIVER COUNTY, FLORIDA. 5. THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESS. t-I-QF NI� C.R. . COUNTYNROAD D.E. - DRAINAGE EASEMENT o • DELTA FND. • FOUND L ARC D.R.B. OFFICIALTRECORDS BOOK P.B. PLAT BOOK PG. - PAGE • PROPERTY LINE �.O.B. • POINT OF BEGINNING P.O.C. . POINT OF COMMENCEMENT R . RADIUS R.E. • ROADWAY EASEMENT R/W • RIGHT-OF-WAY SEC. • SECTION S.R. . STATE ROAD T.C.E. • TEMPORARY CONSTRUCTION EASEMENT U.E. . UTLITY EASEMENT CERTIFICATIONS I HEREBY CERTIFY THAT THIS SKETCH OF DESCRIPTION IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF AND WAS PREPARED UNDER MY DIRECT SUPERVISION. FURTHER, THIS DOCUMENT IS IN COMPLIANCE WITH THE MINIMUM TECHNICAL STANDARDS FOR THE STATE OF FLORIDA AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL - SURVEYORS AND MAPPERS PURSUANT- TO SECTION--472.027 FLORIDA STATUTES. FOR THE FIRM, --------------------------------------------- CHRI5TOPHER P. MILLER, PSM FLORIDA REGISTRATION NUMBER 5921 CARDNO TBE wncp PARCEL SKETCH - NOT A SURVEY TSE COUNTY ROAD NO. 510 - PARCEL 874 INDIAN RIVER COUNTY DAR0040 TBE. 9T DATE PAEPOW Di. °Ala I-1E. 3427 N.W. 551h STREET CAROM TBE N/A FT. LAUDERDALE. PHONE-954-138-936938-9384 FL. 33304 DRANK C 711CLER 03-12.13 La-sssa tNEcxEo u SON£RS 03-13.13 CAROND TBE PNs 0503B-002-00 SHEET I OF 3 195 SKETCH OF DESCRIPTION PARCEL 31392700003000000001 . 0 KENNETH B. KENNEDY ORB 1970 PG 1456 `^ STATE ROAD 510 '^ DRAINAGE EASEMENT 874 N z 0 F- v w Ln 6 ACN C Sµ��LM0U6 p � 1 " 120' 3RA pG. �ARAN3a p.0• 1 E RLQ N0R3 R 0q1 pp,RG6 531 NG l Nti 0 R BE.1,294.,E PG. 2898--\ LRIDGE', 0 `� SURvEOY vC R� ABANDONMENT ''�Y _ �• p P ��0� SEG �a O.R.B. 1294, PG. 2898 KENNETH B. KENNEDY 5�1�Y Q.R.B. 1970, PG. 1456 31392700003000000001 .0 .E. PARCEL 87 T.C.E. ACOU I RED BY SEPARATE �, / "' DOCUMENT-PARCEL 774 ��`� L INE DATA 61 �& / �� LINE BEARING DISTANCE aV��c Lt S 89°55'50" E 289. 11 ' L2 N 450 10.50" E 1 ,062-02' L3 N 14°34'51 " W 44.20' L4 N 14°34'51 " W 221.66' \V L5 N 75025'09" E 1 221 .63' L6 I S 33059' 14" El 121.64' 2s 1 c� S 90_55.50" E rCURVE DATA 33 Cl C2 ECTION LINE 6 A 44053'20" a . 04052'27" a SURVEY C.R. 510 L • 519:58' L • 243.70' (WABASSO RD. ) R 663. 19' R • 2.864.79' .-O.C,. C 3 S. 1 /4 CORNER A • 05°35'05•' SEC. 28-31 -39 L - 283. 13' FND. BOAT SPIKE LR 2,904.79' rvlthPARCEL SKETCH - NOT A SURVEY TBE COUNTY ROAD NO. 510 - PARCEL 8T4 INDIAN RIVER COUNTY CARDNO TBE PDEPAIED 00 DATA SOME, 3427 N.W. 551h STREET as DATE FT. LAUDERDALE. FL. 33309 LnRO)!D TBE FI/A P[iONE••954-936-9389 ffDRIAMC 4ILLEFTOS-12.13t e•6868 u SWE[ts a3-[3-13 CARQNQ TBE PNs 05038-002-01) SHEET 2 OF 3 196 SKETCH OF DESCRIPTION PARCEL 31392700003000000001 . 0 KENNETH B. KENNEDY ORB 1970 PG 1456 STATE ROAD 510 DRAINAGE EASEMENT 874 STATE ROAD 510 DRAINAGE EASEMENT PARCEL 874 A PORTION OF "NARANJA TRACT SHELLMOUND BEACH", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1 , PAGE 6, OF THE PUBLIC RECORDS, INDIAN RIVER COUNTY, FLORIDA, LYING IN SECTION 28, TOWNSHIP 31 SOUTH, RANGE 39 EAST, OF INDIAN RIVER COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTH OAURTER CORNER OF SECTION 28, TOWNSHIP 31 SOUTH, RANGE 39 EAST, OF INDIAN RIVER COUNTY, SAID POINT BEING ON THE SURVEY BASELINE FOR COUNTY ROAD 510 AS SHOWN ON THE UNRECORDED INDIAN RIVER COUNTY RIGHT-OF-WAY MAP FOR COUNTY ROAD 510 IWABASSO ROAD), SHEET 8 OF 10; THENCE SOUTH 89°55`50" EAST, ALONG THE SOUTH LINE OF SAID SECTION 28 AND THE SAID SURVEY BASELINE, A D1STANC€ OF 283. 11 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE NORTHWEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND ALONG SAID SURVEY BASELINE, HAVING A RADIUS OF 663.19 FEET, THROUGH A CENTRAL ANGLE OF 44°53'20", AN ARC DISTANCE OF 519.58 FEET TO A POINT OF TANGENCY; THENCE NORTH 45010'50" EAST, ALONG SAID SURVEY BASELINE, A DISTANCE OF 1 ,062.02 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE SOUTHEAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND ALONG SAID SURVEY BASELINE, HAVING A RADIUS OF 2,864.79 FEET, THROUGH A CENTRAL ANGLE OF 04°52'27", AN ARC DISTANCE OF 243.70 FEET; THENCE NORTH 14034'51 " WEST, A DISTANCE OF 44.20 FEET TO A POINT ON THE EXISTING NORTHERLY RIGHT-OF-WAY LINE OF STATE ROAD 510 AND THE SOUTHERLY LINE OF A PARCEL OF LAND OWNED BY KENNETH B. KENNEDY, AS RECORDED IN OFFICIAL RECORDS BOOK 1970, PAGE 1456, OF THE PUBLIC RECORDS OF (W INDIAN RIVER COUNTY, FLORIDA, SAID POINT ALSO BEING THE POINT OF BEGINNING: THENCE CONTINUE NORTH 1434'51 " WEST, A DISTANCE OF 221 .66 FEET TO A POINT 5.00 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF SAID KENNEDY PARCEL; THENCE NORTH 75025'09" EAST, ALONG SAID PARALLEL LINE, A DISTANCE OF 221.63 FEET; THENCE SOUTH 33059'14" EAST, A DISTANCE OF 121 .64 FEET TO A POINT ON THE SAID EXISTING NORTHERLY RIGHT-OF-WAY LINE AND SAID SOUTHERLY LINE OF KENNEDY PARCEL AND TO A NON-TANGENT POINT ON A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIAL SEARING OF NORTH 33059'14" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE AND ALONG SAID EXISTING NORTHERLY RIGHT-OF-WAY LINE AND SAID SOUTHERLY LINE OF KENNEDY PARCEL, HAVING A RADIUS OF 2,904.79 FEET, THROUGH A CENTRAL ANGLE OF 05°35'05". AN ARC DISTANCE OF 283. 13 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 41 , 104 SQUARE FEET (0.944 ACRES) MORE OR LESS. PARCEL SKETCH - NOT A SURVEY �E COUNTY ROAR NO. 510 - PARCEL 874 INDIAN RIVER COUNTY CARONO TBE Bi DATE PREPIRED at, DATA 50RCE. 342T N.W. 55tn STREET FT. LAUD¢RDALE, F6. 33308 ORAMi uI1.tER D3-12•x} CARDND ISE NIA PK0kE•.954-936-9389 �s•sbbe CHECKED U So"ERS 03,3,3 CARDNO TBE PNv 05038-002-00 SHEET 3 OF 3 TCE—CR510 Project##0549 —55`'Avenue to IR Lagoon (W US 1 —876t Street to 84'h Street—McMahon Design Section PID#31-39-28-00006-0090-00002-0 Project Parcel#772 PID#31-39-28-00006-0080-00001.0 Project Parcel#773 PID#31-39-27-00003-0000-00001-0 Project Parcel#774 Prepared by and return to:IRC-PW-Ig 180127 1h Street,Vero Beach,FL 32960-3388 TEMPORARY CONSTRUCTION EASEMENT T TEMPORARY CONSTRUCTION EASEMENT, made and executed this day of 2013, by 510, LLC, Kenneth P. Kennedy, President, whose address is 4310 77t Str t, Vero Beach, FL 32967, hereinafter called GRANTOR to Indian River County, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, Florida 32960-3388, hereinafter called GRANTEE, WITNESSETH: That GRANTOR, for and in consideration of the sum of ONE DOLLAR and other consideration, receipt of which is hereby acknowledged, does hereby grant unto the GRANTEE a TEMPORARY CONSTRUCTION EASEMENT on, over, across, and beneath the following..described land, situate in Indian River County, Florida, to-wit: EXHIBIT"A" ATTACHED HERETO AND MADE A PART HEREOF (w This easement is for the purpose of all construction incidentals, such as; grading, sloping, sodding, etc. This easement shall exist only until the completion of the construction work for the CR510/US1 Project No. 0549. IN WITNESS WHEREOF the GRANTOR has herein set its hand and seal the day and year first above written. Signed, sealed, and delivered 510, LLC in the presence of: Witness Signature Grantor Signatur Printed Name: S�zJ ���, � Printed Name: enneth P.41K2nd , resident Witness Signature Printed Name: moi,o �,�_,�wm, STATE OF FLORIDA} COUNTY OF INDIAN RIVER} The foregoing instrument was acknowledged before tete this AV day of 2013, on behalf of 510, LLC, a Florida Limited Liability Company, by Kenne P. nnedy, President, and he is personally known to me or produced 'vet's licens Ide ' kation. Sign: ���� : " otary Public Printed name &Commission # CJi_y� SHIRLEY"M.MURW My COMMISSION#DD 942674 ` aunEVIRES:iw=ly3o,2014 Approve as Korm an �.egal S Iciency: Thru Notary PubAc UnderxrtitarsJfjI) /V ^� 4'V ounty Attorney 198 SKETCH OF DESCRIPTION PARCEL 31392800006009000002. 0 H I , , 510, LLC. O. R.B. 1983, PAGE 364 STATE ROAD 510 TEMPORARY CONSTRUCTION EASEMENT 772 SURVEYOR'S NOTES: I. THIS IS NOT A BOUNDARY SURVEY. 2. BEARINGS SHOWN BASED ON CENTERLINE OF STATE ROAD 510 AND SOUTH LINE OF THE 3. DISTANCESISHOWN BASED0ON2ENGLISH UNITS, USS SURVEYS FOOT., E. 4. THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON THE PRELIMINARY RIGHT-OF-WAY MAP FOR COUNTY ROAD 510 (WABASSO ROAD), PREPARED BY BURDETTE AND ASSOCIATES. DATED "FINAL GMB 3-08", CONSISTING OF IQ SHEETS AS 5. THEDSCALEEOFBTHIS NGMAYHAVE BEEN ODRAWIIAN EA COUNTY, FLORIDA. DURING REPRODUCTION PROCESS. LEUM BASELINE CENTER LINE R PROPERTY LINE PG. PAGE C.R. • 'COUNTY ROAD FND. FOUND ESMT EASEMENT DELTA L L ARC LENGTH R RADIUS P.O.C. POINT OF COMMENCEMENT R/W RIGHT-OF-WAY P.O.B. POINT OF BEGINNING D.E. DRAINAGE EASEMENT U.E. UTILITY EASEMENT SEC. SECTION S.R. STATE ROAD Q.R.B. OFFICIAL RECORDS BOOK •r BLOCK NUMBER T.C.E. TEMPORARY CONSTRUCTION EASEMENT CERTIFICATION: I HEREBY CERTIFY THAT THIS SKETCH OF DESCRIPTION IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF AND WAS PREPARED UNDER MY DIRECT SUPERVISION. FURTHER, THIS DOCUMENT IS IN COMPLIANCE WITH THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J-17 FLORIDA ADMINISTRATIVE CODE PURSUANT TO SECTION 472.027, FLORIDA STATUTES. FOR THE FIRM, -------------------- CHRISTOPHER P. MILLER. PSM FLORIDA REGISTRATION NUMBER 5921 CARDNO TBE r=l PARCEL SKETCH - NOT A SURVEY TBE STATE ROAD NO. 510 - PARCEL 772 INDIAN RIVER COUNTY LARpND IBE 3427 M.W. 55Th STREET Of DATE PlIMNED M. DATA SOURCE. FT. LAVOEROALE, FL. 33309 CAROM i9E 14/A PH "W954-938-93a; DRtm1 C VILLER 07.19-f] LB-6668 [NECKED M SOBERS Of-f9-13 CARONO TBE PNf 05038-002-00 SHEET 1 OF 3 199 SKETCH OF DESCRIPTION PARCEL 31392800006009000002. 0 510, LLC. (W O. R. B. 1983, PAGE 364 T STATE ROAD 510 TEMPORARY CONSTRUCTION EASEMENT 772 co z 0 f— U LA) to 1 " 60' WEONA PARK 86th STREET PALM BLVD. (P) NORTH LINE LOT 13 L5 y oti� r v / 510, LLC O.R.B. 1983. PC. 364 31392800006009000002.0 A �� r 0\ 1c ------ g - -_� --�--- -- - S �> 80- (W v � e., `yt / i M COTTT9 L IME L4 � c7 85th PLACE h� POINSETTIA BLVD. (P) P.O.B. I.C.E. P RCEL 772 / LINE DATA LINE BEARING DISTANCE LI 5 89-55'50f—E 289. 11 ' 28 LI CiS $9°55'50" SEC.28-31 -39 L2 N 45010*50" E 356.01 ' F SE L3 N 44049'10" W 50.00' 33 SEC.33-31 -39 Lq N 89°55'52" Vt 14, 17' SECTION LINE 8 L5 S 84055'52" E 14. 17' ._SUR-VEY CSR.-5L0 _ __ _.. (WABASSO RD. ) ,O,C• CURVE DATA S. 1 /4 CORNER Cl SEC. 28-31--39 0 44053.'20" FND, BOAT SPIKE L 519.58' R 663. 19' PARCEL SKETCH - NOT A SURVEY ME CARDNO TOMSTATE ROAD NO. 510 . PARCEL 772 INDIAN RIVER COUNTY 34Y N.W. SSrh STREET 0, DATE rn[raR[D Du DATA Souna, FT. LAUDERDALE. FL. 33309 CARD110 TBE lt.p PHONE••454-938-93139 DRASH C UILLER 07-t9-i] Le•6668 CHECKED U SOMI-RS 07.19-13 CARDNO TBE PN1 05038-002-00 SHEET 2 OF 3 200 SKETCH OF DESCRIPTION PARCEL 31392800006009000002. 0 510, LLC. (W O. R. B. 1983, PAGE 364 STATE ROAD 510 TEMPORARY CONSTRUCTION EASEMENT 772 STATE ROAD 510 TEMPORARY CONSTRUCTION EASEMENT 772 A PORTION OF LOTS 4,5.7,8,9, 12 AND 13. BLOCK 9, "WEONA PARK". ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 17. OF THE PUBLIC RECORDS, INDIAN RIVER COUNTY. FLORIDA, LYING IN SECTION 28, TOWNSHIP 31 SOUTH, RANGE 39 EAST, OF INDIAN RIVER COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTH OAURTER CORNER OF SECTION 28, TOWNSHIP 31 SOUTH, RANGE 39 EAST, OF INDIAN RIVER COUNTY, SAID POINT BEING ON THE SURVEY BASELINE FOR COUNTY ROAD 510 AS SHOWN ON THE UNRECORDED INDIAN RIVER COUNTY RIGHT-OF-WAY•MAP FOR COUNTY ROAD 510 (WABASSO ROAD), SHEET 8 OF 10; THENCE SOUTH 89'55'50" EAST, ALONG THE SOUTH LINE OF SAID SECTION 28 AND THE SAID SURVEY BASELINE. A DISTANCE OF 289.11 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE NORTHWEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND ALONG SAID SURVEY BASELINE, HAVING A RADIUS OF 663. 19 FEET, THROUGH A CENTRAL ANGLE OF 44053'20". AN ARC DISTANCE OF 519.58 FEET TO A POINT OF TANGENCY; THENCE NORTH 45010'50" EAST, ALONG SAID SURVEY BASELINE, A DISTANCE OF 356.01 FEET; THENCE NORTH 44049'10" WEST, A DISTANCE OF 50.00 FEET TO A POINT OF INTERSECTION OF THE EXISTING NORTHERLY RIGHT-OF-WAY LINE OF SAID STATE ROAD 510 AND THE SOUTH LINE OF THE AFOREMENTIONED LOT 9 OF A PARCEL OF LAND OWNED BY 510 LLC, AS RECORDED IN OFFICIAL RECORDS BOOK 1983, PAGE 364, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, SAID POINT ALSO BEING THE POINT OF BEGINN1NGi THENCE NORTH 89055'52" WEST, ALONG SAID SOUTH LINE OF LOT 9, A DISTANCE OF 14. 17 FEET; THENCE NORTH 45'10'50" EAST, A DISTANCE OF 340.07 FEET TO A POINT ON THE NORTH LINE OF THE AFOREMENTIONED LOT 13; THENCE SOUTH 89'55'52" EAST, ALONG SAID NORTH LINE OF LOT 13, A DISTANCE OF 14.17 FEET TO A POINT ON THE SAID EXISTING NORTHERLY RIGHT-OF-WAY LINE OF SAID STATE ROAD 510; THENCE SOUTH 45010'50" WEST, ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 340.07 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 3,401 SQUARE FEET (0.078 ACRES) MORE OR LESS. LPARCEL SKETCH - NOT A SURVEY STATE ROAD NO. 510 - PARCEL 772 INDIAN RIVER COUNTY CARONO TBE rRErsnto e 3427 N.W. 55•trt STREET By r.DATE oats SOURCE. FT. LAUDERDALE. FL. 33309 OFIAMi C uIEt.EH Ot-t9-i7 CARDNO TUE Hie PHOHE••954-938-9389 La.sssa CHECKED a sonsns OT-tS-13 CARDNO TBE PN, 05038-002-00 SHEET 3 OF 5 201 SKETCH OF DESCRIPTION PARCEL 31392800006008000001 . 0 510, LLC- (W O. R. B. 1983, PG. 364 STATE ROAD 510 TEMPORARY CONSTRUCTION EASEMENT 773 SURVEYOR'S NOTES: I . THIS IS NOT A BOUNDARY SURVEY. 2. BEARINGS SHOWN BASED ON CENTERLINE OF STATE ROAD 510 AND SOUTH LINE OF THE S.E. 1 /4 OF SECTION 2B; SAID LINE BEARS S 89055'50" E. 3. DISTANCES SHOWN BASED ON ENGLISH UNITS, US SURVEY FOOT. 4. THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON THE PRELIMINARY BURDETTE AND ASSOCIATES, DATEDAY MAP FOR COUNTY A"FINALIGMBASSO 3-08". CONSISTING OFED 10 SHEETS AS DIRECTED BY INDIAN RIVER COUNTY, FLORIDA. 5. THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESS. LEGEND BASELINE CENTER LINE R PROPERTY LINE PG. PAGE C.R. COUNTY ROAD FND. FOUND ESMT - EASEMENT • DELTA L (W L - ARC LENGTH R • RADIUS P.Q.C. • POINT OF COMMENCEMENT R/W • RIGHT-OF-WAY P-O.B. • POINT OF BEGINNING D.E. • DRAINAGE EASEMENT U.E. . UTILITY EASEMENT SEC. • SECTION S.R. . STATE ROAD O.R.B. - OFFICIAL RECORDS BOOK T.C.E. • TEMPORARY CONSTRUCTION EASEMENT - BLOCK NUMBER CERTIFICATION: I HEREBY CERTIFY THAT THIS SKETCH OF DESCRIPTION IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF AND WAS PREPARED UNDER MY DIRECT SUPERVISION. FURTHER, THIS DOCUMENT IS IN COMPLIANCE WITH THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J-17 FLORIDA ADMINISTRATIVE CODE PURSUANT TO SECTION 472.027, FLORIDA STATUTES. FOR THE FIRM, ----------- -- ------- ------------------ CHRISTOPHER-P.-MILLER. PSM - FLORIDA REGISTRATION NUMBER 5921 CARDNO TBE PARCEL SKETCH - NOT A SURVEY TBE STATE ROAD NO. 510 - PARCEL 773 INDIAN RIVER COUNTY CAtaorlo r13e PatPtflCD pt, 3427 N.W. 55Th STREETpnE pn4 souaca FT. LAUDEFtOALE. FL. 33309k:dla CtRDHD TSE 1��G PHONE••954-938-93897.19-t3 CARDNO TBE PN1 OS038-002-00 SHEET 1 OF 3 202 SKETCH OF DESCRIPTION PARCEL 31392800006008000001 . 0 510, LLC. (W O.R. B. 1983, PG. 364 STATE ROAD 510 TEMPORARY CONSTRUCTION EASEMENT 773 co N z 0 _ W_EONA PARK J P.B. 2, PG. 17 �� w 510. LLC F O.R.B. 1983, PG. 364 J r 31392800006008000001 .0 >F-I COM tn F•$ U EDS w xcc wm—1 L4 3 f QQa P.O.B. n. w EAST LINE IPA T.C.E. PARCEL 773 LOT 17 J �+ 86th STREET T.C.E. 773- I / DETAIL "A" T.C.E. PARCEL 773 SOUTH LINE / NOT TO SCALE LOT 17 .L o — — lr4L3 `2 M86th STREET o PALM BLVD. (P) P.O.B. ---% SEE DETAIL "A" T.C.E. PARCEL 773 h� IA � so- . poi � o c������ z LLJM �O- I 0 Ln ko z ° W I z ti} 28 LI /'" ��s $9°55.50'• E LINE DATA 33 5ECTION LINE 8 LINE BEARING DISTANCE 9 SURVEY C.R. 510 LI S 89°55'50" E 289.11 ' (WABAsSD-RD i CURVE DATA .0•C. L2 N 44°49'10" W 40.00' S. .C. CORNER CI L3 N 89°55'52" W 14. 17' SEC. 4 CD -39 A 44°53'20" L4 N B9°55'52" W 14. 17' FND. BOAT SPIKE R - 663. 19'L 519-58' L5 N 45°10'57" E 40.64' L6 S 00°16'57" Q-1 4.03- L7 S 45°17'50" WI 20.76' PARCEL SKETCH - NOT A SURVEY TBE STATE ROAD NO. 510 - PARCEL 773 INDIAN RIVER COUNTY CARCINO TBE PREPARED Ot. OA SOURCE. 3427 H.*- 55th STREET of DASC FT. LAUOERDALE. FL. 33309 CARBNO IBE 11/A PHONE-•954-938-9389 BRAWL C UILLER 07.19.13 LB-6668 CHECKER U SODERs 87-19.13 CARONO TBE PNt 05038-002-00 SHEET 2 OF 3 203 O3 SKETCH OF DESCRIPTION PARCEL 31392800006008000001 . 0 510, LLC. (W O. R. B. 1983, PG. 364 STATE ROAD 510 TEMPORARY CONSTRUCTION EASEMENT 773 STATE ROAD 510 TEMPORARY CONSTRUCTION EASEMENT 773 A PORTION OF LOT 17, BLOCK B. "WEONA PARK", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 17, OF THE PUBLIC RECORDS, INDIAN RIVER COUNTY, FLORIDA. LYING IN SECTION 28. TOWNSHIP 31 SOUTH, RANGE 39 EAST, OF INDIAN RIVER COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, COMMENCE AT THE SOUTH OAURTER CORNER OF SECTION 28, TOWNSHIP 31 SOUTH, RANGE 39 EAST. OF INDIAN RIVER COUNTY. SAID POINT BEING ON THE SURVEY BASELINE FOR COUNTY ROAD 510 AS SHOWN ON THE UNRECORDED INDIAN RIVER COUNTY RIGHT-OF-WAY MAP FOR COUNTY ROAD 510 (WABASSO ROAD), SHEET 8 OF 10; THENCE SOUTH 89055'50" EAST, ALONG THE SOUTH LINE OF SAID SECTION 28 AND THE SAID SURVEY BASELINE, A DISTANCE OF 289.11 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE NORTHWEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND ALONG SAID SURVEY BASELINE, HAVING A RADIUS OF 663.19 FEET, THROUGH A CENTRAL ANGLE OF 44053'20", AN ARC DISTANCE OF 519:58 FEET TO A POINT OF TANGENCY; THENCE NORTH 45010'50" EAST, ALONG SAID SURVEY BASELINE, A DISTANCE OF 791 . 14 FEET; THENCE NORTH 44049'10" WEST, A DISTANCE OF 40.00 FEET TO A POINT OF INTERSECTION OF THE EXISTING NORTHERLY RIGHT-OF-WAY LINE OF SAID STATE ROAD 510 AND THE SOUTH LINE OF THE AFOREMENTIONED LOT 17 OF A PARCEL OF LAND OWNED BY 510 LLC, AS RECORDED IN OFFICIAL RECORDS BOOK 1983, PAGE 364, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE NORTH 89055'52" WEST, ALONG SAID SOUTH LINE OF LOT 17, A DISTANCE OF 14. 17 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 89"55'52" WEST, ALONG SAID SOUTH LINE OF LOT 17, A (W DISTANCE OF 14. 17 FEET; THENCE NORTH 45010'50" EAST, A DISTANCE OF 40.64 FEET TO A POINT ON THE EAST LINE OF THE AFOREMENTIONED LOT 171 THENCE SOUTH 00'16'57" EAST, ALONG SAID EAST LINE OF LOT 17, A DISTANCE OF 14.03 FEETi THENCE SOUTH 45010'50" WEST, A DISTANCE OF 20.76 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 307 SOUARE FEET (0.007 ACRES) MORE OR LESS. Le pah,47 PARCEL SKETCH - NOT A SURVEY TBE STATE ROAD NO. 510 - PARCEL 773 INDIAN RIVER COUNTY CARDHO TBE PREPtRED et, Data souecE. 3427 N.W. 55th STREET Or OAIE FT. LAt7pERD1�L E:, FL. 33309 CAROND 79E W& PHONE••954-938.9389 DRAM C UILLERQT-19-13 LB-6668 CHECKED IU SOtlERS OT-19-13 CARDNO TBE PNs 05038-002-00 SHEET 3 OF 3 204 O A SKETCH OF DESCRIPTION PARCEL 31392700003000000001 . 0 KENNETH B. KENNEDY ORB 1970 PG 1456 (r STATE ROAD 510 TEMPORARY CONSTRUCTION EASEMENT 774 SURVEYOR'S NOTES: 1 . THIS IS NOT A BOUNDARY SURVEY. 2. BEARINGS SHOWN BASED ON CENTERLINE OF STATE ROAD 510 AND SOUTH LINE OF THE S.E. 1 /4 OF SECTION 28; SAID LINE BEARS S 89055'50" E. 3. DISTANCES SHOWN BASED ON ENGLISH UNITS, US SURVEY FOOT. 4. THIS LEGAL DESCRIPTION AND SKETCH IS BASED ON THE PRELIMINARY RIGHT-OF-WAY MAP FOR COUNTY ROAD 510 (WABASSO ROAD}, PREPARED BY BURDETTE AND ASSOCIATES. DATED "FINAL GMB 3-08", CONSISTING OF 10 SHEETS AS DIRECTED BY INDIAN RIVER COUNTY, FLORIDA. 5. THE: SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESS. LEGENQ • BASELINE C.R. - COUNTY ROAD D.E. - DRAINAGE EASEMENT a . DELTA FND. . FOUND L • ARC LENGTH O.R.B. . OFFICIAL RECORDS BOOK (W P.B. • PLAT BOOK PG. . PAGE IE • PROPERTY LINE P.O.B. . POINT OF BEGINNING P.O.C. • POINT OF COMMENCEMENT R • RADIUS R/W • RIGHT-OF-WAY SEC. • SECTION S.R. • STATE ROAD T.C.E. . TEMPORARY CONSTRUCTION EASEMENT CERTIFICATIONe I HEREBY CERTIFY THAT THIS SKETCH OF DESCRIPTION IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF AND WAS PREPARED UNDER MY DIRECT SUPERVISION. FURTHER, THIS DOCUMENT IS IN COMPLIANCE WITH THE MINIMUM TECHNICAL STANDARDS FOR THE STATE OF FLORIDA AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS_PURSUANT T0_SECTION_472.027 FLORIDA_STATUTES. FOR THE FIRM. ---------------------------------------------- CHRISTOPHER P. MILLER. PSM FLORIDA REGISTRATION NUMBER 5921 CARDNO TBE (w PARCEL SKETCH - -NOT A SURVEY TSE STATE ROAD NO. 510 • PARCEL 774 INDIAN RIVER CDUNTY CARDNO TSE rRErAREo at. aATA SOURCE. 3427 N.W. 55Th STREET ST DATE FT. LAUDERDALE. FL. 33309 CARDt�O TOE et�A PHONE••954-938-9389 DRAVA Ir UILLEa 02-25-13 ILS-6668 CHECKED Iki SOVERS 02.26-13 CARDNO TBE PN: 05038-002-00 SHEET I OF 3 205 SKETCH OF DESCRIPTION PARCEL 31392700003000000001 . 0 KENNETH B. KENNEDY (W ORB 1970 PG 1456 STATE ROAD 510 TEMPORARY CONSTRUCTION EASEMENT 774 M m p pCN cv o Ed lypR p,8- tA D.E. ACQUIRED BY SEPARATE PARCEDOCUMENT- 1 " l 00' ONA P Np 1-,tD p�. 874 1 � �- KENNETH B. KENNEDY oo 2 O.R.B. 1970, PG. 1456 p•8' 31392700003000000001 .0 az tA z z SOUTH LINE f w KENNEDY PARCEL / � t o o WEST LINE KENNEDY PARCEL L WEST LINE 4 0 GOVERNMENT LOT tk 25'(P)— >(W Lo �Iul 0- P.O.B. `��/ T.C.E. PARCEL 774 ay Off` p� �V/ 86th STREET PALM BLVD. (P) / y�J LINE DATA LINE BEARING DISTANCE Ll S 89055'50" E 289.11 ' N00016'57" W 56.12' L3 N 00016'57" W 14.03' L4 N 45°10'50" E 225.09' L5 S 14°34'51 " E 11 .02' L6 5 45°10'50" W 234.93' 728 LI s 89°55'50" F CURVE DATA 33 Cl C2 SE.CTLON_LINE 8 _ A .,_44,53..20., A 05°20'20"_ Q SURVEY C.R- 510 L • 519.58' L - 271 .61 ' (WABA550 RD. ) R • 663. 19' R 2.914.79' .O.C. C3 S. 1 /4 CORNER D OS°14'5( " SEC. 28-31-39 L - 266.04' FND. BOAT SPIKE R - 2.904.79' PARCEL SKETCH - NOT A SURVEY TBE STATE ROAD NO. 510 - PARCEL 774 INDIAN RIVER COUNTY CARDNO TOE nr o,�e PREPAREDor. DA7A SOURCE. 3427 N.W. 55*h STREET FT. LAUDERDALE. FL. 33309 [ARD11O TBE RSA FHONE••95A-936-9364 DRAM C 41LLER 02-25-13 O LB-6668 C11Ecan N SOT£RS 02.26-13 CARDNO TBE M 05038-002-00 SHEET 2 OF 3 SKETCH OF DESCRIPTION PARCEL 31392700003000000001 . 0 KENNETH B. KENNEDY (W ORB 1970 PG 1456 STATE ROAD 510 TEMPORARY CONSTRUCTION EASEMENT 774 STATE ROAD 510 TEMPORARY CONSTRUCTION EASEMENT PARCEL 774 A PORTION OF "NARANJA TRACT SHELLMOUND BEACH". ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1 . PAGE 6, OF THE PUBLIC RECORDS. INDIAN RIVER COUNTY, FLORIDA, LYING IN SECTION 28, TOWNSHIP 31 SOUTH. RANGE 39 EAST, OF INDIAN RIVER COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTH OAURTER CORNER OF SECTION 28, TOWNSHIP 31 SOUTH, RANGE 39 EAST. OF INDIAN RIVER COUNTY. SAID POINT BEING ON THE SURVEY BASELINE FOR COUNTY ROAD 510 AS SHOWN ON THE UNRECORDED INDIAN RIVER COUNTY RIGHT-OF-WAY MAP FOR COUNTY ROAD 510 (WABASSO ROAD), SHEET 8 OF 10; THENCE SOUTH 89'55'50" EAST, ALONG THE SOUTH LINE OF SAID SECTION 28 AND THE SAID SURVEY BASELINE, A DISTANCE OF 289.11 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE NORTHWESTi THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND ALONG SAID SURVEY BASELINE. HAVING A RADIUS OF 663.19 FEET, THROUGH A CENTRAL ANGLE OF 4 4 53'20", AN ARC DISTANCE OF 519.58 FEET TO A POINT OF TANGENCY; THENCE NORTH 45010'50" EAST, ALONG SAID SURVEY BASELINE. A DISTANCE OF 787.74 FEET TO A POINT ON THE WEST LINE OF GOVERNMENT LOT 6; THENCE NORTH 00°16'57" WEST, ALONG SAID WEST LINE OF GOVERNMENT LOT 6, A DISTANCE OF 56.12 FEET TO A POINT ON THE EXISTING NORTHERLY RIGHT-OF-WAY LINE OF STATE ROAD 510 AND THE SOUTHERLY LINE OF A PARCEL OF LAND OWNED BY KENNETH B. KENNEDY, AS RECORDED IN OFFICIAL RECORDS BOOK 1970, PAGE 1456, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, (W FLORIDA, SAID POINT ALSO BEING THE POINT OF BEGINNING= THENCE CONTINUE NORTH 00"16'57" WEST, ALONG SAID WEST LINE OF GOVERNMENT LOT 6 AND ALONG THE WEST LINE OF SAID KENNEDY PARCEL AND WEST LINE OF AFOREMENTIONED PLAT NARANJA TRACT SHELLMOUND BEACH, A DISTANCE OF 14.03 FEET; THENCE NORTH 45010.50" EAST. A DISTANCE OF 225.09 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE SOUTHEAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE. HAVING A RADIUS OF 2,914.79 FEET. THROUGH A CENTRAL ANGLE OF 05.20'20-, AN ARC DISTANCE OF 271 .61 FEET ; THENCE SOUTH 14°34'51 " EAST. A DISTANCE OF 11 .02 FEET TO A POINT ON SAID EXISTING NORTHERLY RIGHT-OF-WAY LINE AND TO A NON-TANGENT POINT ON A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIAL BEARING OF NORTH 39034'19" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE AND ALONG SAID EXISTING NORTHERLY RIGHT-OF-WAY LINE, HAVING A RADIUS OF 2,904.79 FEET, THROUGH A CENTRAL ANGLE OF 05014'51 ". AN ARC DISTANCE OF 266.04 FEET TO A POINT OF TANGENCY; THENCE SOUTH 45010'50" WEST, ALONG SAID EXISTING NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 234.93 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 4,987 SOUARE FEET (0. 114 ACRES) MORE OR LESS. PARCEL SKETCH - NOT A SURVEY 7BE STATE ROAD NO. 510 - PARCEL 774 INDIAN RIVER COUNTY CARONO TSE PAEP/AC�0,. D.TA 1-4CE. 3427 N.W. SStr% STREET aT oATe FT. LAt,tOEROALE. FL. 33309 CARDtNO T9£ tt/A PttONE•.454-43E-9389 DNtIN C kill ER o2-25-t3 A O� Le•6668 CxEMED u SOWERS 11•16-13 CARDNO TBE PNt 05038-002-00 SHEET 3 OF 3 1 Public Drainage Easement OR]G MAL (W CR510 Project#0549-5e Avenue to IR Lagoon US 1—870'Street to 80 Street PID#,31-39-27-00003-0000-00001.0 Project Parcel#874 Prepared by and return to:IRC-PW-Ig 1801 271'Street,Vero Beach,FL 32960-3388 PUBLIC DRAINAGE EASEMENT This Grant of Easement, made and executed this 44�t day of2013, by 510, LLC, a Florida Limited Liability Company, .whose address is 43A77 reet, Vero Beach, FL 32967, hereinafter called GRANTOR*, to INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, FL 32960- 3388, hereinafter called GRANTEE*, `Whenever used herein the term GRANTOR and GRANTEE include all parties to this instrument and their heirs,legal representatives,successors,and assigns. WITNESSETH : That GRANTOR for and in consideration of the sum of One Dollar and other consideration, receipt of which is hereby acknowledged, does hereby grant, bargain, sell, alien, remise, release, convey, and confirm unto the GRANTEE an easement for Joint-Use Storm-Water Drainage on, over, across, and beneath the following described land, together with the right of reasonable ingress and egress over and across the following described land as is necessary to the GRANTEE's use of the Fight granted herein, situate in Indian River County, Florida, to-wit: (W SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF And GRANTOR hereby covenants with said GRANTEE that it is lawfully seized of the premises in fee simple, and that it has good right and lawful authority to convey the easement established hereby. IN WITNESS WHEREOF, the GRANTOR has herein set its handWe ear first above written. Signed the presence of: 510, LLC Sign:: ��� Grantor Signat Printed name: t3I Printed Name: Kenneth P. Ken edy -Witness. Title: President Sign: ''77�� . Printed name: /2Liy#s ,Y� !y1U�'e© Witness State of Flori a ...... .. ...... . Indian River County The foregoing instrument was acknowledged before me this waday of , 2013, on behalf of 510, LLC. a Florida Limited Liability Company, by Kenneth P. Kenne y, President,who is personally known to me or produced as Lidentific RL �/.,,►t h/�����y�/� Sign: G _ ! j_ L 4 Notary blit 0,2014 G �` ITndetwrlters "-=---- Appr,v as o n Ledl Sufficiency: �° (lminty AttnrnPv 208 SKETCH OF DESCRIPTION PARCEL 31392700003000000001 . 0 KENNETH B. KENNEDY (W ORB 1970 PG 1456 STATE ROAD 510 ���� DRAINAGE EASEMENT 874 SURVEYOR'S NOTES: I . THIS IS NOT A BOUNDARY SURVEY. 2. BEARINGS SHOWN BASED ON CENTERLINE OF STATE ROAD 510 AND SOUTH LINE OF THE S.E. 1 /4 OF SECTION 28; SAID LINE BEARS S 89°55'50" E. 3. DISTANCES SHOWN BASED ON ENGLISH UNITS, US SURVEY FOOT. 4. THIS LEGAL DESCRIPTION AND SKETCH 1S BASED ON THE PRELIMINARY RIGHT-OF-WAY MAP FOR COUNTY ROAD 510 (WABASSO ROAD), PREPARED BY BURDETTE AND ASSOCIATES, DATED "FINAL GMB 3-08", CONSISTING OF 10 SHEETS AS DIRECTED BY INDIAN RIVER COUNTY, FLORIDA. 5. THE SCALE OF THIS DRAWING MAY HAVE BEEN DISTORTED DURING REPRODUCTION PROCESS. LEG.EN • BASELINE •R• COUNTY ROAD D.E. DRAINAGE EASEMENT a DELTA (W L AC LE FND. FOUND O.R.B. OFFICIALTRECORDS BOOK P.B. • PLAT BOOK PG. - PAGE h'- - .PROPERTY LINE P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT R • RADIUS R.E. - ROADWAY EASEMENT R/W RIGHT-OF-WAY SEC. SECTION S.R. STATE ROAD T.C.E. TEMPORARY CONSTRUCTION EASEMENT U.E. • UTLITY EASEMENT CERTIFICATION: I HEREBY CERTIFY THAT THIS SKETCH OF DESCRIPTION IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF AND WAS PREPARED UNDER MY DIRECT SUPERVISION. FURTHER, THIS DOCUMENT IS IN COMPLIANCE_WITH THE__MI.N.I.MUM.TECHN.I.CAL STANDARDS.__FOR THESTATEOf 1=LORIDA AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS PURSUANT TO SECTION 472.027 FLORIDA STATUTES. FOR THE FIRM, ---------------------------------------------- CHRISTOPHER P. MILLER, PSM FLORIDA REGISTRATION NUMBER 5921 CARDNO TBE PARCEL SKETCH - NOT A SURVEY THE COUNTY ROAD NO. 510 - PARCEL 874 INDIAN RIVER COUNTY CARDNO TBE DT DATE PREMED DT. DATA SCUM. FT. AUDE DALE STREET O FT. LAUDERDALE. FL. 33309 CAR0t+0 TOE yia PHONE••9S4-938-9389 DRAM C MILLER 03.12-t3 L9-666a _ cfr-"E0 t!SOAERS D3•i3-t3 CARDNO TBE PNt 05038-002-00 SHEET I OF 3 SKETCH OF DESCRIPTION PARCEL 31392700003000000001 . 0 KENNETH B. KENNEDY (W ORB 1970 PG 1456 STATE ROAD 510 "? DRAINAGE EASEMENT 674 co z 0 F U ty t� B�ptrH 1 " 120' �.Lt'�ppNO NI'Rpty,p P'p• t L1N� CEt- SOpTN�RLY NENN�p� Pb EXIST Vt LLN� 5%0 1 C•R• O.R.B. .' I294 D.E.PG 2898 t-5�� ��5 ���Q..ill ID- Gs" A o Q•�, ��� pa� ANDONMENT O.R.B. 1294, PG. 2898—a' ` _-� '- O�• / Rp o��Pa���P�✓ y0- SSS pGQp��G� KENNETH B. KENNEDY O.R.B. 1970j, PG. 1456 31392700003000000001 .0 D.E. PARCEL 074 5 � •t V T.C.E. ACOU I RED c�JQ' A Iz-1 BY SEPARATE74 DOCUMENT-PARCEL 774 61o� `5 LINE DATA ev LINE BEARING DISTANCE v L1 S 89055'50" E 289.11' L2 N 45010'50" E 1.062.02' L3 N 14034'51 " W 44.20' ti+ L4 N 14034'51 " W 221.66' L5 IN 75'25'09" El 221.63' L6 I S 33°59'14" El 121.64' 28 1 t;� 89055'50" E CURVE DATA 33 CI C2 ECTION LINE a A • 44°53'20" A 04°52'27" $ SURVEY C.R. 510 L • 519.58' L 243.70' .WA.BAS.5.0_ R0. 1 R • 663. 19' R._._• 211,86141.,7.9'. .O.C. C3 S. 1 /4 CORNER A - 05035'05" SEC. 2B-31-39 L • 283. 13' FND. BOAT SPIKE R • 2.904.79' PARCEL SKETCH - NOT A SURVEY ram TOE COUNTY ROAD NO. 510 - PARCEL 874 INDIAN RIVER COUNTY CARDNO TBE uT DATE inmam Or. —1 souncE. 3422 N.YT. 55ren STREET FT. LauDERDALE. FL. 33309 cMmlo T8E Ria A +1 0 PHONE••954-938-9309 DRAAH C 41LLER 03-12-13 L I LEc•55s8 EwEE1cED u SDIfRS 01.13.13 CARDNO TBE PN, 05038-OD2-00 SHEET 2 OF 3 SKETCH OF DESCRIPTION PARCEL 31392700003000000001 .0 KENNETH B. KENNEDY ORB 1970 PG 1456 STATE ROAD 510 DRAINAGE EASEMENT B74 STATE ROAD 510 DRAINAGE EASEMENT PARCEL 874 A PORTION OF "NARANJA TRACT SHELLMOUND BEACH", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK I , PAGE G. OF THE PUBLIC RECORDS, INDIAN RIVER COUNTY, FLORIDA, LYING 1N SECTION 28. TOWNSHIP 31 SOUTH, RANGE 39 EAST. OF INDIAN RIVER COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE; SOUTH OAURTER CORNER OF SECTION 28, TOWNSHIP 31 SOUTH. RANGE 39 EAST, OF INDIAN RIVER COUNTY, SAID POINT BEING ON THE SURVEY BASELINE FOR COUNTY ROAD 510 AS SHOWN ON THE UNRECORDED INDIAN RIVER COUNTY RIGHT-OF-WAY MAP FOR COUNTY ROAD 510 (WABASSO ROAD). SHEET 8 OF 10; THENCE SOUTH B9055'50" EAST, ALONG THE SOUTH LINE. OF SAID SECTION 28 AND THE SAID SURVEY BASELINE. A DISTANCE OF 289. 11 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE NORTHWEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND ALONG SAID SURVEY BASELINE, HAVING A RADIUS OF 663. 19 FEET. THROUGH A CENTRAL ANGLE OF 44053'20", AN ARC DISTANCE OF 519.58 FEET TO A POINT OF TANGENCY; THENCE NORTH 45010'50" EAST, ALONG SAID SURVEY BASELINE, A DISTANCE OF 1 .062.02 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE SOUTHEAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND ALONG SAID SURVEY BASELINE, HAVING A RADIUS OF 2,864.79 FEET, THROUGH A CENTRAL ANGLE OF 04°52'27", AN ARC DISTANCE OF 243.70 FEET; THENCE NORTH 14'34'51 " WEST. A DISTANCE OF 44.20 FEET TO A POINT ON THE EXISTING NORTHERLY RIGHT-OF-WAY LINE OF STATE RDA O. 510 AND THE SOUTHERLY LINE OF A PARCEL OF LAND OWNED BY KENNETH B. KENNEDY, AS RECORDED IN OFFICIAL RECORDS BOOK 1970, PAGE 1456, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, SAID POINT ALSO BEING THE POINT OF BEGINNING, THENCE CONTINUE NORTH 14°34'51 " WEST, A DISTANCE OF 22t.66 FEET TO A POINT 5.00 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF SAID KENNEDY PARCEL; THENCE NORTH 75025'09" EAST, ALONG SAID PARALLEL LINE, A DISTANCE OF 221 .63 FEETt THENCE SOUTH 33°59'14" EAST, A DISTANCE OF 121 .64 FEET TO A POINT ON THE SAID EXISTING NORTHERLY RIGHT-OF-WAY LINE AND SAID SOUTHERLY LINE OF KENNEDY PARCEL AND TO A NON-TANGENT POINT ON A CURVE CONCAVE TO THE SOUTHEAST. HAVING A RADIAL BEARING OF NORTH 33059'14" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE AND ALONG SAID EXISTING NORTHERLY RIGHT-OF-WAY LINE AND SAID SOUTHERLY LINE OF KENNEDY PARCEL, HAVING A RADIUS OF 2,904.79 FEET. THROUGH A CENTRAL ANGLE OF 05'35'05", AN ARC DISTANCE OF 283.13 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 41 . 104 SOUARE FEET (0.944 ACRES) MORE OR LESS. PARCEL SKETCH - NOT A SURVEY TBE COUNTY ROAD NO. 510 - PARCEL 874 INDIAN RIVER COUNTY CARDNO TBE PREPARED St. 011,5RUREE, 3{27 N.W. 55th STREET ar o+rE FT. LAUDERDALE. FL. '33309 CRR0H0 TBE 1VA 211 / � 1 PHONE••95�t-9]8-4]89 ORI,TM C u1LLER 03-12-1] L I Lt3.6666 CHEMED u SO1ER5 03.13-13 CARDND TBE PN: 05038-002-OQ SHEET 3 DF 3 CONSENT INDIAN RIVER COUNTY,FLORIDA (W MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Joseph A. Baird,County Administrator THROUGH: John King, Director `L. Department of Emergence ices FROM: Dale Justice, Emergency Management Coordinator c DATE: August 9, 2013 SUBJECT: Approval of the CERT (Community Emergency Response Team) Public CPR & AED Training Classes and Equipment. It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: Annually, the Florida Division of Emergency Management administers the Community Emergency Response Team (CERT) grant which helps to build, train and sustain local CERT teams. The Board of County Commission approved CERT grant #13-CI-58-10-40-01-416 on February 5, 2013 in the amount of$6,240.00. ALTERNATIVES AND ANALYSIS: The Indian River County CERT (Community Emergency Response Team) program trains and equips residents of Indian River County to respond to their neighbors, assess damage, treat the injured and assist public safety in times of disaster as well as providing non-disaster support, under the direction of public safety, for various public events. To help mitigate the impact to our communities after a disaster occurs, the state provided Department of Homeland Security funds in an effort to ease the financial burden and provide additional CPR courses. The approval of this contract will provide two (2) CERT CPR courses, books and equipment training up to 56 county residents. FUNDING: The county is not being required to contribute any funding. Grant funds cannot be utilized for in- house services. Florida Heart CPR is authorized to provide technical services for Indian River (W County that meet the requirements of the Fiscal Year 2013 State Homeland Security CERT 212 Grant Program contract between Indian River County and the Florida Division of Emergency (W Management. Item Amount Account Number Provide certified CPR instructors for two CPR &AED classes/equipment 1,344.00 00120825-033490-13805 Total $1,344.00 RECOMMENDATION: Staff recommends approval of expenditures as stated in the Florida Heart CPR training contract and request the Board authorize the Chairman to execute the agreements. ATTACHMENTS: Two (2)original agreements with Florida Heart CPR APPROVED FOR AGENDA Indian River Co. ed Date IS 3 FOR: August 20, 2013 Legal Budget °g V3 1 Dept. it BY: a fiZ � Risk Mgr. (W Jos b A. Baird County Administrator General Svcs. 213 CPR Training Proposal for Indian River County EOC BY FLORIDA HEART CPR This proposal is for Heartsaver Adult& Child CPR&AED instruction for the employees of Indian River County Emergency Operations Center. Each CPR/AED class is scheduled for 3 hours.The training will include video based instruction,review questions and hands on skill practice. The course will be taught in accordance with the standards set forth by the American Heart Association. Each student will be provided with a student workbook to keep as a reference after the course per American Heart Association guidelines. FLORIDA HEART CPR is responsible for issuing course completion cards from the American Heart Association which are valid for 2 years from the date of issue. The cards will be issued no later than 7 days from the completion date of the class. Each student will be issued a card when all course materials and skills are completed. Cards will be sent directly to EOC to facilitate record keeping. FLORIDA HEART CPR will provide all training materials. FLORIDA HEART CPR will also provide an adequate number of instructors in accordance with AHA guidelines. EOC agrees to provide a space for training that is adequate and comfortable for the - student's learning experience. The space provided should also be free of interruptions. Students will not be allowed to leave the class early or enter class later than 15 minutes after the beginning of the class. Ultimately,this space should be a large room with television,DVD capabilities, carpeted with chairs and/or tables,with a large floor space ,, to practice CPR skills. If a TV with DVD is not available,we will provide one. This training proposal price is based on two sessions with 28 students per session. FLORIDA HEART CPR proposes that this training will be provided for$672.00 per session, or$24 per person including student workbook. EOC agrees to notify FLORIDA HEART CPR of any additional students in order to facilitate notifying extra instructors. Failure to do so will limit class size to 28 students per session. Dates and times to be determined. FLORIDA HEART CPR agrees to carry insurance in accordance with the American Heart Association Guidelines. EOC agrees to provide FLORIDA HEART CPR with 24 hours cancellation notice to avoid incurring costs to FLORIDA HEART CPR for scheduled instructors. Cancellations the day of the course will incur a$100 charge. This proposal will remain valid for 60 days effective July 23, 2013. 'SPR®VE Gayl e,Nye, Lt a Dae Joseph E. Flescher, Chairman Date FLORIDA HEART CPR INDIAN RIVER COUNTY RRo rd County Commissioners APPROVED AS TO F �.rvY Attest: Jeffrey R. Smith, Clerk of AND EGA!_SUF I Y Court and Comptroller WILLIAM K.DEBRAAL 214 ou111Y AdRtiniStCatoC ncnt I— — $KITY ATTORNEY By: _ .. Consent Agenda (W INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator Y61,,.NHEAD CONCURRENCE Robert M. Keating, AI ; C7Lon -Range Development Director THROUGH: Sasan Rohani,AICP; Chief, Planning ' FROM: Bill Schutt,AICP; Senior Economic Development Planner, Long-Range Planning$., DATE: August 5,2013 RE: Request to Approve a Memorandum of Engagement with Lamb and Lerch for Foreign Trade Zone Consultant Services ,, It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of August 20, 2013. DESCRIPTION & CONDITIONS At the May 21,2013 Board of County Commissioners (BCC) meeting,the BCC reviewed a list of Economic Development initiatives proposed by Commissioner Zorc. After discussing the proposed initiatives,the BCC unanimously approved a motion directing staffto move forward with three(3)of the initiatives and to research the other initiatives. One of the three (3) initiatives that staff was directed to move forward with was coordination with the Canaveral Port Authority(CPA)to expand the service area of Foreign Trade Zone (FTZ) No. 136 to include all or a portion of Indian River County. After the May 21,2013 BCC meeting,staff coordinated with several consultants to obtain quotes for preparation of an application to expand the boundaries of FTZ No. 136. In response to the County's solicitation,three(3)consultants submitted quotes. The lowest of the three(3)quotes was$7,500. That quote was submitted by Lamb & Lerch (L&L). Attached to this staff report is a proposed "Memorandum of Engagement" from Lamb & Lerch (L&L). If approved by the BCC,that memorandum will authorize Lamb and Lerch to prepare and file an application with the Foreign—Trade Zones Board(FTZB)to expand the service area of FTZ No. 136 to include all or a portion of Indian River County. The County's cost for those services will Le be $7,500. F:\Community Development\Users\EDplannr\Incentives&Funding\Foreign Trade Zone\BCC Agenda Item-Foreign Trade Zone Consultant 1 Services v2.doc 215 (W ANALYSIS Not only did Lamb and Lerch submit the lowest quote for preparation of an FTZ application;Lamb and Lerch is probably the best consultant to submit an application. Because Lamb&Lerch has been working with the Canaveral Port Authority (CPA) since 2008 providing FTZ guidance and recommendations,Lamb and Lerch has the advantage of being familiar with CPA and its willingness to expand the service area of its FTZ. In fact, L&L notes within its proposed Memorandum of Engagement that CPA has already indicated that it is amendable to expanding its FTZ Service Area to include that portion of Indian River County within 60 statute miles or 90 minutes driving time of the port. According to federal FTZ regulations, 60 statute miles or 90 minutes driving time is the maximum distance that an FTZ service area may be extended. In this case,that 60 mile or 90 minute • driving time distance includes all of Indian River County. As proposed,the Memorandum of Engagement outlines several steps involved in the expansion of the FTZ. Those steps include preparing a formal FTZ expansion application(30 day time period), obtaining a concurrence letter from the Canaveral Customs and Border Patrol, and submitting the application and concurrence letter to the FTZB in Washington D.C. As noted in the Memorandum of Engagement,L&L anticipates that the FTZB could approve the application within six(6)months of its filing. To proceed with the FTZ service area expansion, the Board now must authorize county staff to execute the attached Memorandum of Engagement with L&L. Funding This item is not currently budgeted; however, funds are available from County General Fund contingencies. RECOMMENDATION Staff recommends that the Board of County Commissioners authorize county staff to execute the attached Memorandum of Engagement with L&L to prepare an application to be filed with the FTZB to include Indian River County within the Service Area of FTZ No. 136. ATTACHMENTS: 1. Memorandum of Engagement with Lamb and Lerch APPROVED AGENDA ITEM: India IZtr r ¢� } at , Admin. FOR: V l�0 Legalff Budget IL-15 1P BY: Dept. ('WRisk Mgr. F:\Community Development\Users\EDplannr\Incentives&Funding\Foreign Trade Zon"CC Agenda Item-Foreign Trade Zone Consultant 2 Services v2.doc 216 (W Lamb & Lerch Counsellors at Law 233 Broadway Telephone: (212) 608-2700 Suite 2702 Telecopier: (212)513-7206 New York, N.Y. 10279 Email:DOstheimer@Lamblerch.com MEMORANDUM OF ENGAGEMENT TO: William J. Schutt, AICP • FROM: David R. Ostheimer, Esq. RE: Proposal to Prepare Application to be filed with the Foreign-Trade Zones Board to include Indian River County within the Service Area of FTZ No. 136 DATE: July 29, 2013 • This memorandum is designed to serve as a Memorandum of Engagement by the (W Indian River County Community Development Department to engage the services of Lamb & Lerch (L&L) with regard to filing an application with the Foreign-Trade Zones Board (FTZB) to include portions of Indian River County within the Service Area of FTZ No. 136. Pursuant to 15 C.F.R. 400.2(q) the term Service Area means the jurisdictions within which a Grantee proposes to be able to designate sites via Minor Boundary Modifications under the ASF. • At the present time, the Service Area of FTZ No. 136 is comprised solely of Brevard County. Since the Canaveral Port Authority, as Grantee of FTZ No. 136, applied for and received approval to reorganize FTZ No. 136 under the Alternative Site Framework, any site within 60 statute miles or 90 minutes driving time of the Port can be within the Service Area of FTZ No. 136. Thus, virtually all of Indian River County can be within the Service Area of FTZ No. 136. • The Canaveral Port Authority has indicated that it is amenable to expanding its Service Area to include that portion of Indian River County that falls within the 60 statute miles or 90 minute driving time definition. There is no charge assessed by the Canaveral Port Authority. Our fee for drafting the application and interfacing with Canaveral Customs and Border Protection (CBP) and the FTZ Board would be $7,500. We anticipate that preparation of the application would be completed within 30 days of the initiation of the project and that the FTZB would approve the application within 6 months (W of its filing. L&L would prepare the application for submission by the Grantee, obtain Attachment 1 217 (W the concurrence letter from Canaveral CBP and oversee its progress through the proper governmental agencies. During the time that the application is pending, should a company within Indian River County desire to become part of FTZ No. 136, a Minor Boundary Modification Request could be filed by the Grantee to provide FTZ designation to said company. This application would be approved within 30 days of its filing. If the Indian River County Community Development Department wishes to utilize the services of L&L in the preparation and monitoring of the application to include portions of Indian River County within the Service Area of FTZ No. 136, please indicate your approval below. I hope we have the opportunity of working together on this project. Approved by: Date: APPROVED AS TO FORM AND EG LS FFlC Sy WILLIAM K.DEBRAAL pepUTf COUNTY ATTORNEY 218 CONSENT AGENDA INDIAN RIVER COUNTY, FLORIDA ?y AGENDA ITEM Assistant County Administrator/ Department of General Services Date: August 7, 2013 To: The Honorable Board of County Commissioners Thru: Joseph A. Baird, County Administrator Thru: Michael C. Zito, Assistant County Administrator From: Mary Snyder, Library Services Director Subject: State Aid Application/Agreement DESCRIPTION AND CONDITIONS: The Indian Fiver County Board of County Commissioners applies each year to the Division. of Library and Information Services for the annual State Aid grant. The agreement is part of the application which expedites the receipt of funds. ALTERNATIVES AND ANALYSIS: The application is financial information only and requires no matching funds. The grant was for $91,140.00 in 2012/2013. The estimate for Fiscal Year 2013/2014 is $95,223.00 RECOMMENDATION: Staff respectfully requests that the Board authorize its Chairman to sign the agreements (Attached) and return to the Library Services Director to be forwarded to the appropriate State Library staff. ATTACHMENTS: State Aid to Libraries Grant Agreement Approved Agenda Item Indian River County roved Date By: Administration 91151)3 Joseph A. Baird County Attorne County Administrator Budget Q $ 1 Department /2 A For: August 20, 2013 219 Florida Department of State, Division of Library and Information Services (W STATE AID TO LIBRARIES GRANT AGREEMENT The Applicant(GRANTEE) INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS (Name of library governing body) Governingbodyfor INDIAN RIVER COUNTY LIBRARY SYSTEM (Name of library) hereby makes application and certifies eligibility for receipt of grants authorized under Section 257,Florida Statutes, and guidelines for the State Aid to Libraries Grant Program. The Division, as administrator of state funds provided under Section 257,Florida Statutes, has approved an application for State Aid to Libraries Grant funds submitted by the GRANTEE. By reference,the application is hereby made a part of this agreement. Grant Purpose. This grant shall be based upon the following scope of work during Fiscal Year 2013-2014: The single library administrative unit, as an eligible political subdivision under 257.17 Florida Statutes, is responsible for managing or coordinating free library service to the residents of its legal service area. The library shall: 1. Have a single administrative head employed full time by the library's governing body; (W 2. Provide free library service,including loaning library materials available for circulation free of charge, and providing reference and information services free of charge; 3. Provide access to materials,information and services for all residents of the area served;and 4. Have at least one library, branch library or member library operated by the library's governing body open 40 hours or more each week. The parties agree as follows: I. The GRANTEE agrees to: a. Provide the following as grant deliverables: 1. For payment number one: i. The amount of local funds expended during the second preceding local fiscal year for the operation and maintenance of the library and certification that the expenditures were for the operation and maintenance of the library. 2. For payment number two: i. A copy of the annual audit that was done in accordance with the requirements of Section 215.97,Florida Statutes, Chapter 10.550,Rules of the Auditor General, and generally accepted accounting principles. b. Expend all grant funds awarded and perform all acts in connection with this agreement in (W full compliance with the terms and conditions of Chapter 257,Florida Statutes, and guidelines for the State Aid to Libraries Grant Program. Page 1 of 7 State Aid to Libraries Grant Agreement Chapter 1 B-2.011(2)(a), Florida Administrative Code, Effective xx-xx-.,o= 220 c. Expend all grant funds received under this agreement solely for the purposes for which they were authorized and appropriated. d. Provide the DIVISION with statistical, narrative, financial and other evaluative reports as requested. e. Retain and make available to the DIVISION,upon request, all financial and programmatic records, supporting documents, statistical records, and other records for the project. f. Retain all records for a period of five years from the date.of submission of the final project report. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the five year period, the records shall be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular five-year period, whichever is later. g. Establish and maintain a proper accounting system in accordance with generally accepted accounting procedures. To use and maintain adequate fiscal authority, control, and accounting procedures that will ensure proper disbursement of, and accounting for, project funds. h. Perform all acts in connection with this agreement in strict conformity with all applicable laws and regulations of the State of Florida. i. Not use any grant funds for lobbying the legislature, the judicial branch, or any state agency. j. Hereby certify that it is cognizant of the prohibition of conflicts of interest described in Sections 112.311 through 112.326, Florida Statutes, and affirms that it will not enter into or maintain a business or other relationship with any employee of the Department of State that would violate those provisions. The GRANTEE further agrees to seek authorization from the General Counsel for the Department of State prior to entering into any business or other relationship with a Department of State employee to avoid a potential violation of those statutes. k. Not discriminate against any employee employed in the performance of this agreement, or against any applicant for employment because of race, color, religion, gender, national origin, age,handicap, or marital status. The GRANTEE shall insert a similar provision in all subcontracts for services by this agreement. 1. In the event that the grantee expends a total amount of state financial assistance equal to or in excess of$500,000 in any fiscal year of such GRANTEE,the grantee must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97,Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations),Rules of the Auditor General. In determining the state financial assistance expended in its fiscal year,the GRANTEE shall consider all sources of state financial assistance, including state financial assistance received from the Department of State, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity (W for federal program matching requirements. Page 2 of 7 State Aid to Libraries Grant Agreement Chapter 1 B-2.011(2)(a), Florida Administrative Code, Effective xx-xx-xxxx 221 In connection with the audit requirements addressed in part k, paragraph 1, the W GRANTEE shall ensure that the audit complies with the requirements of Section 215.97(8),Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e),Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If the GRANTEE expends less than$500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the GRANTEE expends less than$500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97,Florida Statutes,the cost of the audit must be paid from the nonstate entity's resources (i.e.,the cost of such an audit must be paid from the grantee's resources obtained from other than State entities). Information related to the requirements of Section 215.97,Florida Statutes, (the Florida Single Audit Act)and related documents may be found at https:H ps.fldfs.com/fsaa. Copies of financial reporting packages required by this agreement shall be submitted by or on behalf of the GRANTEE directly to each of the following: 1. The Department of State at the following addresses: Office of Inspector General Florida Department of State R. A. Gray Building, Room 114A (r 500 South Bronough Street Tallahassee, Florida 32399-0250 2. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 m. Identify an individual or position with the authority to make minor modifications to the application, if necessary, prior to execution of the agreement. II. The DIVISION agrees: a. To provide a grant in accordance with the terms of this agreement in consideration of the GRANTEE's performance hereinunder, and contingent upon funding by the Legislature. The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Legislature. In the event that the state funds on which this agreement is dependent are withdrawn,this agreement is terminated and the state has no further liability to the GRANTEE beyond that already incurred by the termination date. In the event of a state revenue shortfall,the total grant may be reduced accordingly. Page 3 of 7 State Aid to Libraries Grant Agreement r�r� Chapter 1 B-2.011(2)(a), Florida Administrative Code, Effective xx-xx-xxxx L L (W b. To notify the grantee of the grant award after review and approval of required documents. The grant amount shall be calculated in accordance with Chapter 257,Florida Statutes, and guidelines for the State Aid to Libraries Grant Program. c. To distribute grant funds in two payments. The first payment will be requested by the DIVISION from the Chief Financial Officer upon execution of the agreement. The remaining payment will be made by June 30. d. That any balance of unobligated cash that has been paid to the grantee may be retained for direct program costs in a subsequent period. III. The GRANTEE and the DIVISION mutually agree that: a. This instrument embodies the whole agreement of the parties. There are no provisions, terms, conditions,or obligations other than those contained herein; and this agreement shall supersede all previous communications,representation, or agreements either verbal or written,between the parties. No amendment shall be effective unless reduced in writing and signed by the parties. b. The agreement is executed and entered into in the State of Florida, and shall be construed, performed, and enforced in all respects in accordance with the laws and rules of the State of Florida. Each party shall perform its obligations hereunder in accordance with the terms and conditions of this agreement. If any matter arising out of this Agreement becomes the subject of litigation,venue shall be in Leon County. c. If any term or provision of the agreement is found to be illegal and unenforceable,the remainder of the agreement shall remain in full force and effect and such term or provision shall be deemed stricken. d. No delay or omission to exercise any right,power, or remedy accruing to either party upon breach or default by either party under this Agreement shall impair any such right,power, or remedy of either party; nor shall such delay or omission be construed as a waiver of any such breach or default,or any similar breach or default. e. This agreement shall be terminated by the DIVISION because of failure of the GRANTEE to fulfill its obligations under the agreement in a timely and satisfactory manner unless the GRANTEE demonstrates good cause as to why it cannot fulfill its obligations. Satisfaction of obligations by GRANTEE shall be determined by the DIVISION,based on the terms and conditions imposed on the GRANTEE in paragraphs I and III of this agreement and guidelines for the State Aid to Libraries Grant Program. The DIVISION shall provide GRANTEE a written notice of default letter. GRANTEE shall have 15 calendar days to cure the default. If the default is not cured by GRANTEE within the stated period,the DIVISION shall terminate this agreement,unless the GRANTEE demonstrates good cause as to why it cannot cure the default within the prescribed time period. For purposes of this agreement, "good cause" is defined as circumstances beyond the GRANTEE's control. Notice shall be sufficient if it is delivered to the parry personally or mailed to its specified address. In the event of termination of this agreement,the GRANTEE will be compensated (W for any work satisfactorily completed prior to notification of termination, if equitable. Page 4 of 7 State Aid to Libraries Grant Agreement r� Chapter 1 B-2.011(2)(a), Florida Administrative Code, Effective xx-xx-xxxx L f. The DIVISION shall unilaterally cancel this agreement in the event that the GRANTEE refuses to allow public access to all documents or other materials made or received in regard to this agreement that are subject to the provisions of Chapter 119,Florida Statutes. GRANTEE agrees to immediately contact the DIVISION for assistance in the event that it receives a public records request related to this agreement or the grant the it awards. g. The DIVISION shall not be liable to pay attorney fees, interest, late charges and service fees, or cost of collection related to the grant. h. The DIVISION shall not assume any liability for the acts,omissions to act or negligence of the GRANTEE, its agents, servants, or employees;nor shall the GRANTEE exclude liability for its own acts, omissions to act,or negligence to the DIVISION. In addition,the GRANTEE hereby agrees to be responsible for any injury or property damage resulting from any activities conducted by the GRANTEE. i. The GRANTEE, other than a GRANTEE which is the State or agency or subdivision of the State, agrees to indemnify and hold the DIVISION harmless from and against any and all claims or demands for damages of any nature, including but not limited to personal injury, death,or damage to property, arising out of any activities performed under this agreement and shall investigate all claims at its own expense. j. The GRANTEE shall be responsible for all work performed and all expenses incurred in connection with the project. The GRANTEE may subcontract as necessary to perform the services set forth in this agreement, including entering into subcontracts with vendors for services and commodities,provided that such subcontract has been approved by the DIVISION, such approval not to be unreasonably withheld, and provided that it is understood by the GRANTEE that the DIVISION shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and that the GRANTEE shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. k. Neither the State nor any agency or subdivision of the State waives any defense of sovereign immunity, or increases the limits of its liability,upon entering into a contractual relationship. 1. The GRANTEE, its officers, agents, and employees,in performance of this agreement, shall act in the capacity of an independent contractor and not as an officer, employee or agent of the DIVISION. Under this agreement, GRANTEE is not entitled to accrue any benefits of state employment, including retirement benefits, and any other rights or privileges connected with employment in the State Career Service. GRANTEE agrees to take such steps as may be necessary to ensure that each subcontractor of the GRANTEE will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant,joint venturer,or partner of the DIVISION. Page 5 of 7 State Aid to Libraries Grant Agreement Chapter 1 B-2.011(2)(a), Florida Administrative Code, Effective xx-xx-xxxx 224 m. The GRANTEE shall not assign,sublicense, nor otherwise transfer its rights, duties,or obligations under this agreement without the prior written consent of the DIVISION,whose consent shall not unreasonably be withheld. The agreement transferee must demonstrate compliance with the requirements of the program. If the DIVISION approves a transfer of the GRANTEE's obligations,the GRANTEE remains responsible for all work performed and all expenses incurred in connection with the Agreement. In the event the Legislature transfers the rights, duties, or obligations of the Department to another governmental entity pursuant to Section 20.06,Florida Statutes, or otherwise,the rights,duties, and obligations under this agreement shall also be transferred to the successor government entity as if it were an original party to the agreement. n. This agreement shall bind the successors, assigns, and legal representatives of the GRANTEE and of any legal entity that succeeds to the obligation of the DIVISION. o. The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the legislature. In'the event that the state funds on which this agreement is dependent are withdrawn,this agreement is terminated and the DIVISION has no further liability to the GRANTEE beyond that already incurred by the termination date. In the event of a state revenue shortfall,the total grant shall be reduced in accordance with Section 257.21,Florida Statutes. p. If the GRANTEE is in noncompliance with any term(s)of this grant agreement or any other grant agreement with the Division of Library and Information Services,the Division err of Historical Resources or the Division of Cultural Affairs,the Division may withhold grant payments until the GRANTEE comes into compliance. Violation of a grant program requirement, including but not limited to failure to submit grant reports and other grant documents; submission of incomplete grant reports or other grant documents; or violation of other grant agreement requirements; shall constitute a basis for the Division to place the GRANTEE in noncompliance status with the Department of State. q. The Division shall apply the following financial consequences for failure to perform the duties/tasks required in the scope of work. Should the library fail to provide free library service to the public or be open fewer than 40 hours per week, it will no longer be eligible to receive State Aid Libraries grant funding, and its funding will be reduced to $0. r. Unless there is a change of address, any notice required by this agreement shall be delivered to the Division of Library and Information Services, 500 South Bronough Street, Tallahassee, Florida 32399-0250, for the State and, for the GRANTEE,to its single library administrative unit. In the event of a change of address,it is the obligation of the moving party to notify the other party in writing of the change of address. (W Page 6 of 7 State Aid to Libraries Grant Agreement n^ Chapter 1 B-2.011(2)(a), Florida Administrative Code, Effective xx-xx-xxxx L L IV. The term of this agreement will commence on the date of execution of the grant agreement. THE APPLICANT/GRANTEE THE DIVISION Chair of Governing Body or Florida Department of State Chief Executive Officer Division of Library and Information Services Typed Name Typed Nance Date Date Clerk or Chief Financial Officer Division Witness Typed Name and Title of Official Division Witness Date APPROVED AS TO FORM AND LEGAL SUFFICIENCY BYo.�...._...... DYLAN REINGOLD COUNTY ATTORNEY (W Page 7 of 7 State Aid to Libraries Grant Agreement Chapter 1 B-2.011(2)(a), Florida Administrative Code, Effective xx-xx-xxxx 226 C� CONSENT AGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: August 12,2013 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Joseph A. Baird, County Administrator Jason Brown,Director, Office of Management and Budget Vincent Burke, Director,Department of Utility Services FROM: Jennifer Hyde,Purchasing Manage SUBJECT: Rejection of Bids for IRC Bid No. 2013045 South County RO Acid Tank Replacement BACKGROUND: The Department of Utility Services requested the solicitation of competitive sealed bids for the replacement of the acid tank at the South County RO Plant located at 1550 9L11 Street SW, Vero Beach, Florida. The bid results are as follows: Bid Opening Date: July 11,2013 at 2:00 pm Advertising Date: June 17,2013 DemandStar Broadcast to: Two Hundred Fifty One(251)Vendors Specifications Requested by: Twenty Eight(28)Vendors Replies: One (1)Vendor BID RESULTS: Bidder Ci /State Total Project Bid Close Construction,LLC Okeechobee,FL $278,415.00 The engineer's estimate for this work is $120,000.00 to$150,000.00. SOURCE OF FUNDS: Funding for the South County RO Acid Tank Replacement in the amount of$150,000.00 is available in operating funds. RECOMMENDATION: The single response to the request for bids significantly exceeds the engineer's estimate for this project. Staff recommends this bid be re acted, that the specifications be revised, and the Board authorize this project to be re-bid. ATTACHMENTS: Department Recommendation Consulting Engineer Recommendation Bid Tabulation Bid Form APPROVED AGENDA ITEM Indian River Co AppFkved D to Admin Legal AJIMU BY; Budget Joseph A.Baird,County Administrator Department 3 3 (W Risk Manager R: O F:\Purchasing\Bids\2012-2013 FY(2013000)\2013045 South RO Acid Tank Replacement\2013045 Agenda-Rejected Bid.doc 227 RECEIVED Indian River Count. INDIAN RIVER COUNTY, FLORIDA Purchasing Divisigf DEPARTMENT OF UTILITY SERVICES Date: August 1, 2013 To: Jennifer Hyde Purchasing Manager Thru: Vincent Burke, P.E., Director of Utility Services® Prepared by: Terry Southard Operations Manager-07 Subject: Bid No. 2013045 South County RO Acid Tank Replacement Background &Analysis: On July 11, 2013, one bid was received in the County's Purchasing Office for the replacement of the acid tank at the South County RO plant. Close Construction, LLC of Okeechobee FL, was the sole bidder with a bid of$278,415.00. (W Close Construction bid was significantly higher than the engineers expected cost estimate of $120,000 to$150,000. Staff Recommendation: Staff recommends rejecting Close Construction bid and requesting authorization to re-bid project. Attachment: Kimley-Horn and Associates, Inc Bid Proposal Evaluation (W F:\Utilities\UTILITY-EMPLOYEE FOLDERS\Terry Southard\Memos\Memo to Jennifer-South RO Acid Tank 228 Kimley-Horn and Associates, Inc. July 24, 2013 ■ Mr. Terry Southard. 1920 Wekiva way Operations Manager suite 200 West Palm Beach,Florida Indian River County Utilities 33411 1801 27th Street Vero Beach, FL 32960 Re: South RO Plant Acid Tank Replacement Bid Proposal Evaluation IRC Bid Number 2013045 KHA Project#044572025 Dear Mr. Southard: We have reviewed the one bid received for the South RO water plant acid tank replacement project. Close Construction of Okeechobee, FL, was the only bidder in the amount of$278,415.00 which is significantly higher than our opinion of probable construction cost estimated at$120,000 to $150,000. In evaluating their bid, most of the major items are significantly higher in cost than what would be expected. See attached breakdown furnished by Close Construction with our comments on each line item. Additionally,the general conditions, including mobilization/demobilization is nearly 30%of the bid which is unexpectedly higher than expected. In summary, we do not recommend awarding this contract to only one bidder with a bid that is significantly higher than what we believe the value of the project to be. Alternate means of acid tank replacement should be explored. If you have any other questions regarding our evaluation, please do not hesitate to call me at 561-840-0258 if you have any questions. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. Mark D. Miller, P.E. (W K;\WPB_Civil\044572025-SRO Acid Tank Replacement\Correspondence\Acid Bid Recommendation.doc.docx ■ TEL 561 845 0665 FAX 561 863 6392 229 Page 1 of 1 Amanda Hartsfield cm: Jennifer Hyde Ohyde@ircgov.com] Sent: Monday, August 05, 2013 11:12 AM To: Amanda Hartsfield Subject: FW: Indian River County Bid 2013045 Attachments: Schedule Of Values.xls From: Danny Boromei (mailto:danny@closeconstruction.us] Sent: Friday, July 12, 2013 10:58 AM To: Jennifer Hyde Cc: Terry Southard; Mark.Miller@kimley-horn.com Subject: RE: Indian River County Bid 2013045 Sure see attachment. Danny Boromei Close Construction, LLC 301 NW 4th Avenue Okeechobee, FL 34972 863.467.0831 -Office 1,0-3.763.6337 - Fax 634.4320-Cell F-- m: Jennifer Hyde fmailto:Lyde@irc4ov.com] Sent: Friday,July 12, 2013 10:10 AM To: danny@closeconstrucbon.us Cc: Terry Southard; Mark.Miller@kimley-horn.com Subject: Indian River County Bid 2013045 Danny, Could you please provide a more detailed breakdown of your bid? Our engineer would like to compare your costs against his estimate. Thank you! Jennifer Hyde Indian River County Purchasing Division 1800 27th Street Vero Beach, FL 3296o P: (772)226-1575 F: (772)770-5140 230 Mobilization $ 10,000.00 General Conditions $ 40,000.00 Demolition $ 5,000.00 Concrete $ 7,000.00 Furnish & Install Tank $ 71,000.00 Coatings $ 75,000.00 Dessicant Line Modification $ 2,500.00 Day Tank Modification $ 2,700.00 Acid Fill Modification $ 2,100.00 Transfer Line Modification $ 7,000.00 Temporary Acid Feed&Supply $ 22,615.00 Instrumentation $ 10,000.00 Electric $ 12,000.00 Bond & Ins. $ 6,500.00 Demobilization $ 5,000.00 $ 278,415.00 231 N INDIAN RIVER COUNTY Witness: Maeghan McLaughlin M PURCHASING DIVISION Witness: Jennifer Hyde N 1800 27th Street,Vero Beach,FL 32960 (772)226-1416 BID TABULATION a a Bid Opening Date: Time: July 11,2013 2:OOPM a v � Bid No.: Department: rA y 2013045 Utilities C C Bid Title: South County RO Plant Acid per/ P. .� Tank Replacement Bid Form y Addendum 91 y Bid Bond Y Disclosure y Warranty Y Total Lump Sum Bid 1 $278,415.00 COMMENTS: Indian River County Purchasing Division vtrt0oG (W 180027 th Street Z� Vero Beach, FL 32960 Phone (772) 226-1416 ORIGINAL Fax (772) 770-5140 IN Bid Form RECEIVED Indian River County South County RO Acid Tank Replacement Purchasing Division Bid #: 2013045 Bid Opening Date and Time: July 11, 2013 Bid Opening Location: Purchasing Divi C[o5e c6yu�yu&An 180027 1h Stree Vero,Beach, FL 07-11 -13POI :45 RCV", In accordance with all terms,conditions,specifications,and requireme—, u,uuc, utieiz. the meowing: Total Lump Sum Bid Price $ A -7 z-1 I S ov Total Bid Price in Words Project completion time after receipt of"Notice to Proceed"or PO: X50 DAYS Will your company extend these prices to other governmental agencies Yes❑ Nox❑ within the State of Florida? L Page 9 of 19 233 2013045 South RO Acid Tank Replacement (W The undersigned hereby certifies that they have read and understand the contents of this solicitation and agree to furnish at the prices shown any or all of the items above, subject to all instructions, conditions, specifications, and attachments hereto. Failure to have read all the provisions of this solicitation shall not be cause to alter any resulting contract or request additional compensation. Company Name: close construction, LLC Company Address: 301 NW 4th Avenue, Okeechobee, FL 34972 City, State Okeechobee, FL Zip Code 34972 Telephone: 863.467.0831 Fax: 863.763.6337 E-mail: danny@closeconstruction.us Business Tax Receipt Number: 147 FEIN Number: 45-2708809 s -Authorized Signature: Date: 7.11.2013 Name: Thomas C. Close Title: President (Type/Printed) (W Page 10 of 19 234 INDIAN RIVER COUNTY,FLORIDA MEMORANDUM TO: Joseph A. Baird; County Administrator DE R MENT HEAD CONCURRENCE: IF 'CK.AN- - Robert M. Keating, AIC ; Com Development Director FROM: Robin Miller, Section 8 Program Manager DATE: August 5, 2013 SUBJECT: Request for Ratification of an Indian River County Board of County Commissioners and the Florida Housing Finance Corporation Agreement for Tenant Based Rental Assistance that was Executed by County Administrator Joseph Baird During the Board's Summer Recess It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of August 20, 2013. DESCRIPTION AND CONDITIONS On July 22,2013,the County's Rental Assistance Division received notice that the Florida Housing Finance Corporation (FHFC) had allocated$500,000 in Tenant Based Rental Assistance (TBRA) funds to the County. Those funds are being provided to the state by the federal government through the HOME Program. As with the HUD Housing Choice Voucher(Section 8)program administered by the Rental Assistance Division, TBRA funds must be used for rental assistance to qualified households. According to FHFC,the County had to execute the TBRA agreement with FHFC(Copy attached)by July 31, 2013 to be eligible for the TBRA funds. The reason for the short timeframe was that the notice was originally sent to the Housing Authority,and the Housing Authority did not immediately forward the notice to the Rental Assistance Division. Because the next Board of County Commissioners meeting was not scheduled until August 20, 2013, the County Administrator executed the agreement on behalf of the Board. That action was authorized by Resolution 2013-062 (copy attached) approved by the Board of County Commissioners on July 9, 2013. According to that resolution, the County Administrator was authorized to execute all documents necessary for the proper functioning of the County from July 17, 2013 to August 19, 2013,provided that any such executed documents are subsequently brought to the Board for ratification. This staff report constitutes the request for ratification required by the resolution. F:\Community Development\Users\CDADMIN\AGENDA\2013\Request for Ratification of an Agreement between the IRC BCC and FHFC 1 for TBRA.doc 235 ANALYSIS As structured,the County/FHFC TBRA agreement establishes a two year period of performance that runs from July 31, 2013 to July 31, 2015. During that time period,Rental Assistance staff will use grant funds to provide housing vouchers to qualified households. Since the TBRA agreement provides that 10% of the grant funds may be used for administration, staff costs for managing the grant will be paid with grant funds. In this case, the TBRA funds will supplement the HUD Housing Choice Voucher (Section 8) program currently administered by the Rental Assistance Division. Even though the TBRA funds will provide for only temporary vouchers, the TBRA funds will benefit the County by providing affordable housing for additional qualified households. FUNDING No local match is required for the TBRA program. Consequently, there will be no costs to the County associated with the TBRA grant. RECOMMENDATION Staff recommends that the Board of County Commissioners ratify the County Administrator's action (W in executing the County/FHFC TBRA Agreement. Attachments: 1. Executed County/FHFC TBRA Agreement 2. Resolution 2013-062 APPROVED AGENDA ITEM• Indian River Co, Approved Dat Admin. FOR: August 20, 2013 Legal 3 Budget BY: Dept. 4141L fh�h?2! Risk Mgr. F:\Community Development\Users\CDADMIN\AGENDA\2013\Request for Ratification of an Agreement between the IRC BCC and FHFC 2 for TBRA.doc 236 HOME Investment Partnerships Program (W State of Florida Agreement No. 2013-21OTBRA By and between the Florida Housing Finance Corporation And Indian River County Board of County Commissioners I. Grant Agreement A. This Grant Agreement,hereinafter called "Agreement" is between the Florida Housing Finance Corporation,hereinafter called the"Corporation" and the Indian River County Board of County Commissioners hereinafter called the"Grantee".This Agreement consists of the body and the following attachment,which is incorporated herein:Attachment A—Scope of Services. B. Together,they embody the entire Agreement between the Corporation and Grantee with the respect to this grant program.All prior agreements,representations,statements,negotiations,and understandings with respect to this program are superseded hereby. II. Authoritv A. This Agreement is financed in part through a grant provided to the Corporation by the United States (W Department of Housing and Urban Development(HUD)under Title II of the National Affordable Housing Act of 1990,hereinafter called "the Federal Act."As provided in the Federal Act,the State of Florida,through the Corporation has elected to administer the federal program of HOME Investment Partnerships Program,hereinafter called "HOME." B. The Corporation, in accordance with provisions of Section 420.5089.Fla. Stat.,hereinafter called "the State Act," has entered into this Agreement with the Grantee and allotted funds for the purpose of supporting the Grantee's HOME Program. C. In the event of changes in any applicable Federal regulations and/or law,this Agreement shall be deemed to be amended when required to comply with any law so amended. III. Description of Activities Grantee agrees to perform the work specified in the Attachment A and in compliance with the requirements of 24 CFR Part 92 and all State and Corporation Tenant Based Rental Assistance program requirements and policies. IV. Period of Performance&Commitment A. The period of performance for all activities assisted by this Agreement shall commence on the contract date of JcJu 31 .2013,hereinafter called the"Commencement Date,"and shall be complete on Jt,A V 3 ,2015,hereinafter called the"Completion Date,"except those activities required for closeout. B. All FFY 2011 funds must be committed to projects according to the HOME Rule by July 31,2013,hereinafter called the"Commitment Date." C C. The Corporation and the Grantee may renew the terms of this Agreement for a period of one year (W upon written mutual agreement by both parties. v Florida Housing Finance Corporation Page 1 (Rev.09/06) Q 67-48.018(3)(a),F.A.C. 237 V. Compensation (W A. In consideration of the Grantee's satisfactory performance of the work required under this Agreement and the Grantee's compliance with the terms of this Agreement,the Corporation shall provide the Grantee a total of $500,000 in HOME funds. In addition,an administrative fee of 10%of the funds drawn will be provided. Such HOME funds shall be used by the Grantee in accordance with the activities listed and budgeted on Attachment A. Administrative funds will be disbursed for actual costs incurred in the administration of this contract. Documentation that supports the utilization of administrative funds must be maintained. B. The Grantee understands that this Agreement is funded in whole or in part by federal funds.In the unlikely event the federal funds supporting this Agreement become unavailable or are reduced,the C4poration may terminate or amend this Agreement and will not be obligated to pay the Grantee. C. The Grantee shall not anticipate future funding from the Corporation beyond the duration of this Agreement and in no event shall this Agreement be construed as a commitment by the Corporation to expend funds beyond the termination of this Agreement. VI. Indemnification The Grantee shall indemnify,defend,and hold harmless the Corporation and its officers and employees from any liabilities,claims,suits,judgments,and damages arising as a result of the performance of the obligations under this Agreement by the Grantee or contractor. The liability of the Grantee under this Agreement shall continue after the termination of the Agreement with respect to any liabilities,claims,suits,judgments,and damages resulting from acts occurring prior to termination of this Agreement. Grantees liability to indemnify the Corporation and its officers and employees shall include liability arising from lead-based paint regulations found in 24 CFR 35. VII. Obligations of Grantee (W A. All of the activities required by this Agreement shall be performed by personnel of the Grantee,except that those services provided by a certified HQS Inspector may be contracted to a third party under the direct supervision of the Grantee and in accordance with the terms of written contracts. B. A certified Housing Quality Standards,(HQS),inspector will perform all initial,annual,periodic and/or special unit inspections.Inspections shall be in accordance with guidelines provided in 24 CFR 982.401. C. The grantee will adhere to lead-based paint program requirements for all units.This requirement applies to tenants requesting security/utility deposits as well as to those applying for rental assistance coupons.During initial and periodic inspections,an inspector acting on the behalf of the Grantee and trained in visual assessment for deteriorated paint surfaces in accordance with procedures established by HUD shall conduct a visual assessment of all painted surfaces in order to identify any deteriorated paint(24 CFR Part 35.1215 (a)(1).The visual assessment must take place as part of the initial and periodic inspections required by HUD(24 CFR Part 35,Sec.92.209(1).TBRA funding cannot be provided until the unit passes the lead-based paint visual inspection. D. If assisted occupancy has commenced prior to an annual or periodic inspection,and the visual inspection reveals deteriorated lead-based paint,the owner shall stabilize each deteriorated paint surface in accordance with 24 CFR Part 35.1330(a)and(b).Such paint stabilization must be completed within 30 days of notification to the owner of the results of the visual assessment.Depending upon the scope of the work undertaken to stabilize the paint,and if necessary,the owner at his/her expense,is responsible for relocating the tenants to a comparable,safe,and sanitary dwelling free of lead-based paint while the work is taking place.Paint stabilization is considered complete when clearance is achieved in accordance with 24 CFR Part 35.1340.The owner shall provide a notice to occupants in accordance with 24 CFR 35.125(b)(1)and(c)describing the results of the clearance examination. (W Florida Housing Finance Corporation Page 2 (Rev.09/06) 67-48.018(3)(a),F.A.C. 238 E. The Grantee will provide lead-based paint disclosure information to all tenants and landlords.Optional blood level verification forms will be provided to tenants with children under age 6 who have selected (W units that were constructed prior to 1978. Addresses of tenants with children under age 6 living in pre- 1978 structures will be provided to the Local Health Department quarterly. (Refer to 24 CFR 35.1225) F. The Grantee shall remain fully obligated and liable under the provisions of this Agreement, notwithstanding its designation of any third party or parties for the undertaking of part or the entire program being assisted under this grant. G. The Grantee shall require any third party to comply with all lawful requirements necessary to insure that the program is carried out in accordance with this Agreement. H. The Grantee shall adhere to the uniform administrative requirements of 24 CFR 92.505. I. The Grantee shall provide the Corporation with copies of the most recent and ongoing Section Eight Management Assessment Program(SEMAP)scores and all follow-up documentation,corrective action plans and reports. VIII. Program Costs A. The Grantee,if not environmentally exempt,shall not incur costs on any program activity until the Environmental Review required by 24 CFR 58 has been completed and the Corporation has issued the "Notice of Release of Funds." B. Any program activities performed by the Grantee in the period prior to the Agreement Commencement Date shall be performed at the sole risk of the Grantee. In the event this Agreement is not duly executed by the Grantee,the Corporation shall be under no obligation to pay the Grantee for any costs incurred or monies spent in conjunction with program activities,or to otherwise pay for any activities performed during such period. (W C. At any time during the period of performance under this Agreement,the Corporation may review all Program Costs incurred by the Grantee and all payments made to date. Upon such review the Corporation shall disallow any items of expense that are not determined to be allowable or are determined to be in excess of approved expenditures;and shall,by written notice specifying the disallowed expenditures,inform the Grantee of any such disallowance. IX. Drawdown of Grant Funds A. The Grantee shall be entitled to drawdown funds at the time the funds are actually needed for payment. Funds are to be drawn for immediate cash needs only,as required in U.S.Department of Treasury Circular 1075.The Grantee shall not issue TBRA to a beneficiary until such time as all project set-up information has been received and entered into the Integrated Disbursement Information System (IDIS). Grantee shall use the Tenant Based Rental Assistance Activity Set-up Report,Attachment B, to collect such information. B. The Grantee shall establish procedures to insure that any funds set forth in(A)above shall be expended within fifteen(15)days of receipt of the funds in the electronic depository account. X. Depositories for Proeram Funds A. The Grantee must establish a separate account in a local financial institution for the receipt,deposit, and disbursement of HOME TBRA Program funds from the Corporation. B. The local account will also be used for the deposit and disbursement of repayments of HOME funds. Program income must be disbursed prior to requesting HOME funds from the Corporation. Florida Housing Finance Corporation Page 3 (Rev.09/06) 67-48.018(3)(a),F.A.C. 239 XI. Financial Management (6W A. Grantees shall establish and maintain a system which assures effective control over and accountability for all funds used in the HOME Program,and follow the requirements of 24 CFR 85.20 and OMB Circular A-122 or A-87,respectively. B. Grantees shall certify to the Corporation,in writing,prior to making the first drawdown of funds that the system proposed for use shall meet the following standards: I. Maintenance of separate accounting records and source documentation for the HOME Program; 2. Provision for accurate,current,and complete disclosure of the financial status of the Program; 3. Establishment of records of budgets and expenditures for each approved activity; 4. Demonstration of the sequence and status of receipts,obligations,disbursements and fund balance; 5. Provision of financial status reports in the form acceptable to the Corporation; 6. Compliance with the applicable audit requirements(OMB Circular A-133),and; 7. Consistency with generally accepted accounting principles,24 CFR 85.20,and OMB Circulars A-57 or A-87. C. Grantees shall transfer to the Corporation any unencumbered HOME funds on hand at the time of expiration of this Agreement,and any accounts receivable attributable to the use of HOME funds,as required in 24 CFR 92.503. (W XII. Program Income The Grantee shall retain any repayment,interest,and any other return on the investment of HOME funds to be used for additional HOME eligible activities. XIII. Monitoring and Reporting A. The Grantee shall monitor the activities of the HOME Program,including those of the contractors and subcontractors,to ensure that all program requirements are being met.The Grantee shall establish and maintain a standard procedure for internal monitoring. B. From time to time,as requested in writing by the Corporation,the Grantee shall submit such data and other information as the Corporation may require. C. Failure to report as required or respond to requests for data or information in a timely manner shall be grounds for suspension or termination of the Grant at the discretion of the Corporation. XIV. Procurement Procedures A. The Grantee shall use established procurement procedures,which reflect applicable Federal,State and local law and regulations(24 CFR 84.40-84.48). B. These standards do not relieve the Grantee of any contractual responsibilities under its contracts. The Grantee is responsible,in accordance with good administrative practice and sound business judgment, for the settlement of all contractual and administrative issues arising out of procurements entered into support of a grant. These include but are not limited to source evaluation,protests,disputes,and claims. (W Florida Housing Finance Corporation Page 4 (Rev.09/06) 67-48.018(3)(a),F.A.C. 240 C. The Grantee shall abide by the requirements of 24 CFR 24.200 concerning debarment and suspension (W on procurement procedures. XV. Program Closeout A. Program Closeout is the process by which the Corporation determines that all applicable actions and all required work of the program including audit and resolution of audit findings have been completed or that there are no additional benefits likely to occur by continuation of program activities or costs.All findings from Corporation monitoring visits must be cleared prior to closeout. XVI. Termination for Convenience A. The Corporation or Grantee may terminate the grant in whole,or in part,when both parties agree that the continuation of the program would not produce beneficial results commensurate with further expenditure of funds. B. The two parties shall agree upon the termination conditions,including the effective date and in the case of partial termination,the portion to be terminated. C. If a project is terminated before its completion,an amount equal to the HOME funds disbursed for the project must be paid by the HOME recipient to its HOME Investment Trust Fund. Such Funds are due to the Corporation within 30 days of the date of project cancellation. Such funds shall be returned to HUD by the Corporation in compliance with HUD Notice CPD 92-18,issued June 9, 1992. XVII. Suspension or Termination-for Cause A. The Corporation may suspend the grant,in whole or in part,at any time during the Grant Period,and upon reasonable notice to the Grantee,withhold further payments or prohibit the Grantee from incurring additional obligations of grant funds when it is determined that the Grantee has failed to (W substantially comply with the conditions of this Agreement.This will be done pending corrective action by the Grantee or a decision by the Corporation to terminate the grant. B. The Corporation, after reasonable notice following procedures pursuant to Section XVIII(A)of this Agreement,may terminate the grant,in whole or in part,at any time during the Grant Period when it is determined that the Grantee has failed to substantially comply with the conditions of this Agreement. The Corporation shall promptly notify the Grantee in writing,of the determination and the reasons for the termination,together with the effective date. XVIII. Audit Requirements A. The Grantee shall arrange for the performance of annual financial/compliance audits of the grant project. All audits must be performed by an independent qualified auditor.The audit period is identical with the Grantee's regular fiscal year.The audit(s)will be conducted in accordance with the requirements set forth in the U.S.Single Audit Act of 1984,as amended and Office of Management and Budget(OMB)Circular A-133,as amended. B. If the Grantee expends$500,000 or more in a year in Federal awards,the Grantee shall have a single audit or program specific audit if so elected,conducted for that year in accordance with the provisions of OMB Circular A-133,as amended. C. Grantees are required to submit one copy of the fiscal year audit report covering the program. The audit reports shall be sent to the Corporation within 30 days after the completion of the audit,but no later than one-hundred eighty(180)days after the end of the audit period unless agreed to by the Corporation. D. If any expenditures are disallowed as a result of the audit report,the obligation for reimbursement shall rest with the Grantee. Florida Housing Finance Corporation Page 5 (Rev.09/06) 67-48.018(3)(a),F.A.C. 241 XIX. Retention of and Access to Records A. Financial records,supporting documents,statistical records,and all other records pertinent to this program shall be retained in accordance with Chapter 119,Fla.Stat.,and in accordance with 24 CFR 85.42 and 24 CFR 92.508. B. Authorized representatives of the Corporation,the Florida Auditor General,the Secretary of HUD,the Inspector General of the United States,or the U.S.General Accounting Office shall have access to all books,accounts,reports,files,papers,things,or property belonging to,or in use by,the Grantee pertaining to the administration of these grants and receipt of assistance under the HOME Program as may be necessary to make audits,examinations,excerpts,and transcripts. C. Any contract or agreement entered into by the Grantee shall contain language comparable to subsections(A)and(B)so as to assure access by authorized parties to the pertinent records of any subgrantee,contractor,or subcontractor. D. The Grantee shall establish and maintain sufficient records for a minimum of five years to enable the Corporation to determine whether the Grantee has met the requirements of the HOME Program.The Grantee shall follow the guidelines in 24 CFR 92.508. XX. Conflict of Interest A. In the procurement of supplies,equipment,construction,and services by Grantees and subgrantees,the conflict of interest provisions,Attachment O of OMB Circular A-110 and 24 CFR 85.36,respectively, shall apply.In all cases not governed by the provisions of said circular and regulation,the provisions of subsection(B)and 24 CFR 92.356(b)shall apply. B. No member of the governing body,officers or employee of the Grantee,or its designees or agents,or (W any other person who exercises any functions or responsibilities with respect to the program assisted by this Agreement during his tenure or for one year thereafter,shall have any direct interest in any contract or subcontract,or the proceeds thereof,for the work to be performed in connection with the program. C. The Grantee shall incorporate,or cause to be incorporated in all third party agreements,a provision prohibiting such interest pursuant to the purpose of this Section. D. The Grantee shall not employ,nor shall permit any third party to employ,any employee of the Corporation. XXI. Equal Opportunity The Grantee agrees to comply with all the requirements relating to fair employment practices,to the extent applicable and shall cause the foregoing provision to be inserted in all contracts with third parties for any work covered by this Agreement so that such provisions will be binding upon such third parties.Grantee will conduct and administer the grant in conformity with 24 CFR 92.350. XXII. Lobbyine The undersigned certifies,to the best of his or her knowledge and belief that: 1. No appropriated federal funds have been paid,or will be paid,by or on behalf of the undersigned to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement,and the extension,continuation,renewal,amendment,or (W modification of any Federal contract,grant,loan or cooperative agreement. Florida Housing Finance Corporation Page 6 (Rev.09/06) 67-48.018(3)(a),F.A.C. 242 (W 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress in connection with this Federal Contract,grant,loan,or cooperative agreement,the undersigned shall complete and submit Disclosure Form to Report Lobbying(Standard Form-LLL),in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers(including subcontracts,sub-grants,and contracts under grants,loans,and cooperative agreements)and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31,U.S.Code.Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each failure. XXIII. Waiver of Enforcement No waiver by the Corporation of the right to enforce any provision of this Agreement shall be deemed a waiver of the right to enforce each and all the provisions hereof. XXIV. Revisions and Amendments and Approvals A. Any changes to this Agreement shall constitute an amendment. B. The Grantee shall not expand,enhance,commingle or add to the scope of the program,covered by the Agreement. C. Amendments of the terms of this Agreement shall not become effective unless reduced to writing, (W numbered,agreed to and signed by the Corporation and the duly authorized representative of the Grantee. XXV. Contractual Provisions Attachments The provisions found in Contractual Provisions Attachment,which is attached hereto. Attachment A—Scope of Services Attachment B—Payment Request Form Form HUD-40095—Tenant Based Rental Assistance Set-Up Report (W Florida Housing Finance Corporation Page 7 (Rev.09/06) 67-48.018(3)(a),F.A.C. 243 Dated by the Corporation this3 A day of L ,2013 (W FLORIDA HOUSING FINANCE CORPORATION By: Stephen P.AlkrK — 4 Executive Director Florida Housing Finance Corporation STATE OF FLORIDA COUNTY OF LEON fe foregoing instrument was acknowledged before me thin day of by Stephen P.Auger as c •ve Director for the F 'da,Housing Finance Corporation. D OA �.�' ,,�..q�eY,�, SHEILA A.FREANEY jignature of Notary ublic =�; .= Commission#EE 018522 > a� Expires October 23 2014 ftcWA*-,TIWFeinIr rY.661�3a5h11H Printed Name of Not Public Personally Known 7 OR Produced Identification Type of Identification Produced INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS APPROVED AS TO FORM AND LEGAL SUFFI NGY By: 'ti I ,I n, Z2� ga,d Signa re of Authorizing OfficialV r5v� � m � al-4 BY __ p 2-a>>s_f,2 If 1 �d DYLAN REINGOLD Minted Name and Title of Authorizing Official for Grantee COUNTY ATTORNEY R Wt r The foregoin instru ent was acknowledged befo,e me this day of 2013by 4l '4-. iSa .d r as Ciit .� -�..rn.n l�S ru-'f� f former , �a".P SANDRA L WR1GKr ignature of Notary Public =z; MY COMMISSION N EE 168365 : , EXPIRES:June 3,2016 cd cy�++ Bonded Thru Notary Public Underwriters Sa J r-Q L , r,'q kfi Printed Name of Notary P'u'blic Personally Known V OR Produced Identification Type of Identification Produced (W Florida Housing Finance Corporation Page 8 (Rev.09/06) 67-48.018(3)(a),F.A.C. 244 SCOPE OF SERVICES 1. The Grantee agrees to work with the Corporation to locate and assist low income households of the State of (W Florida in accordance with the provisions contained in the Federal Act,the State Act,the HOME Program regulations(24 CFR Part 92)and this Agreement.Preference will be given those households who have been displaced from their primary residence as a result of natural disaster.Grantee responsibilities include but are not limited to: a) Providing Tenant Based Rental Assistance(TBRA),security deposit and utility deposit assistance;and b) Counseling of prospective tenants regarding landlord/tenant responsibilities,methods of locating suitable units and equal housing opportunity laws. 2. The Corporation and/or the Corporation's monitoring agents will monitor the performance of the Grantee as it relates to this Agreement on a periodic basis. 3. Eligible Households include those households who have incomes at or below 80 percent of area median income, adjusted for family size,as established by HUD.For each fiscal year,at least 90 percent of Eligible Households assisted through HOME TBRA must be at or below 60 percent of area median income,adjusted for family size. a) Eligibility is determined by comparing the household's anticipated gross annual income for the next twelve months to the income limits for the appropriate household size.(The definition of annual income as defined in Section 8 of the United.States Housing Act of 1937.)Verification of income should be completed in accordance with the rule of the Section 8 Housing Choice Voucher Program.A self-affidavit executed by the household is acceptable if third party verification cannot be obtained. b) Written certification of income eligibility must be obtained prior to occupancy.If applicants or household members that are being assisted have given false information,the Grantee must notify the Corporation and rental assistance must be terminated. c) Eligible Households who receive assistance under this Agreement and who are currently on a waiting list (W for a Section 8 Housing Choice Voucher Program cannot be removed from that waiting list and must be transitioned from the HOME TBRA program to the Section 8 program if a Housing Choice Voucher becomes available to them. 4. Rental assistance is limited to an initial twelve month period.No TBRA application shall be accepted by the Grantee after expiration of this contract unless otherwise extended in writing by the Corporation,but in no event will the contract be extended beyond an additional one year. 5. The Grantee is responsible for obtaining the following documentation for each Eligible Household applying to receive TBRA: a) Applicant In-Take Form(Exhibit 1)and Tenant Income Certification(Exhibit 2),or HUD 50058 Form b) Landlord Agreement to Participate Form(original),and(Exhibit 3) c) Signed Lease and Lease Addendum(copy).(Exhibit 4) If providing the HUD 50058 Form,Grantee must also provide the amount of security and utility deposit paid to the tenant(if applicable). 6. The Grantee must provide income verifications for each tenant. 7. Rental assistance under this program is portable and is available to Eligible Households to rent the unit of their choice provided it does not already receive any form of rental assistance.The assistance is conditioned upon the execution of a Lease Addendum between the landlord and the Eligible Household. 8. On the 18'x'of every month,the Grantee will transmit to the Corporation a Monthly Payment Authorization form (Attachment B),authorizing payment for all Eligible Households.Households that are subsequently determined (W to be ineligible or who have served notice they have vacated must be removed from the next monthly submittal. Florida Housing Finance Corporation Page 1 Attachment A(Rev.09/06) 245 9. The Grantee will apply its stated method of continued program participation,including annual income certification and unit inspections,as documented in their Section 8 Housing Choice Voucher Program plan. 10. Assisted units may be publicly or privately owned;however,units covered under a project-based rental assistance agreement or Public Housing Authority units are not eligible.Units in a project partially covered by a project-based rental assistance agreement are eligible,provided that there is not project-based assistance available for the unit in question. 11. The Grantee will be required to inspect units at initial occupancy and certify to the Corporation that the unit meets minimum HUD Housing Quality Standards(HQS). 12. Units in cooperative housing developments are ineligible for assistance under this Agreement. 13. The landlord shall execute a Landlord Agreement to Participate and a Lease Addendum with the tenant. 14. There is no requirement regarding the term of the lease,but subsidy payments to the landlord under the HOME TBRA program shall not exceed 12 months from the date of initial occupancy and in no event exceed the actual period of occupancy,if less than 12 months.The tenant shall be solely responsible for any damages caused by breaching the lease that exceed the security deposit. 15. Rental assistance calculations may be prorated during the initial month. Leases should begin on the first day of the actual tenant occupancy.If the lease is executed for any day other than the first of the month,the Grantee is responsible for paying the prorated subsidy portion of the rent for that month from proceeds provided by the Corporation. 16. Certain lease provisions are prohibited under the Regulations.These provisions are contained in the Lease Addendum which shall be executed by the landlord and tenant. 17. The amount of rental assistance paid on behalf of an Eligible Household is limited to the difference between the (W established rent for the unit and thirty percent(30%)of the Eligible Household's gross monthly income. Example: $500 rent and$12,000 annual gross income would require a subsidy of.($12,000/12 months)x .30=$300(tenant payment) $500 rent minus$300 tenant payment=$200 monthly subsidy Exclusions are permissible when calculating income,(e.g.,dependents,disability,elderly,and child care). Utility allowances are permissible when calculating rent. 18. Applicants whose subsidy calculations is less than$50.00 per month is not eligible to receive TBRA. 19. Applicants whose tenant calculations is less than$5.00 per month is not eligible to receive TBRA. 20. The Grantee shall receive an initial$5,000.00 advance for operating expenses. These funds may be used to pay for security deposits,utility deposits and the tenants' initial month's pro-rated rent subsidy.The Grantee shall ensure that any security or utility deposit amount provided under this program must be refundable by the landlord to the Grantee not to the tenant. The Grantee may then elect to remit the recovered deposits to the tenant or use the funds to provide additional rental assistance in accordance with the Grantee's established operating procedures. Additional funds may be requested once the initial$5,000.00 is committed or expended. Upon request of additional funds,the Grantee may be asked to submit proof to the Corporation of disbursement of the initial$5,000.00.The Grantee shall return all unused funds to the Corporation upon termination of this Agreement. 21. In addition,the Grantee shall receive an administrative fee(the"Fee")of 10%of the funds drawn. Such HOME funds shall be used by the Grantee in accordance with the activities listed and budgeted herein. Administrative funds will be disbursed for actual costs incurred in the administration of this contract. Prior to payment of the Fee,the Grantee must submit to the Corporation the required documentation listed in Section 5 herein. Documentation that supports the utilization of administrative funds must be maintained. 22. Issues not covered in this agreement are to be handled in accordance with HUD 24 CFR Part 92. Florida Housing Finance Corporation Page 2 Attachment A(Rev.09/06) 246 TBRA APPLICANT INTAKE (Completed by Participating Agency(PHA) DATE: NAME of PHA: (W I. Applicant Information Name of Head of Household: Contact Phone#: #of persons in household: Gross Annual Household Income: Is gross annual household income less than 80%of area median income based on household size? Yes or No If No, STOP. Applicant does not qualify. Proof of displacement: FEMA certification (Obtain copy) or Other (Explain) Previous Address: If displaced by hurricane and no FEMA certification exists,PHA must verify(visual inspection)that the residence is no longer habitable Verified?(circle one) Yes No Not Applicable(FEMA certification attached) U. Landlord Information Name: Contact Phone#: Mailing Address: Payment Method Preferred by Landlord: Direct Deposit Mail Check (W III. Rental Unit Information Address: County: #of Bedrooms: Monthly TBRA Rent: Monthly Tenant Rent: Move In Date: Security Deposit Paid by PHA: Prorated First Months Rent Paid by PHA: IV. Participating AEencv Certification As a representative of the Participating Agency,I hereby certify that: 1. An inspection of the property referenced in Section III was conducted on by a representative of our agency and that the unit meets HUD Housing Quality Standards(HQS). 2. Both parties are aware that this is temporary assistance for a period not to exceed 12 months, both parties are aware they are obligated to notify the PHA within 10 days in the event the tenant moves out of the unit. A lease addendum has been executed between the tenant and the landlord. Name of Agency Representative Title Signature Date (W Attachments: FEMA Certification of Displacement(unless not applicable),Tenant Income Certification(TIC). Florida Housing Finance Corporation Page 1 Attachment A,Exhibit 1(Rev.09/06) 247 TENANT INCOME CERTIFICATION - TBRA Property Name/Address: Effective Date (W Unit# #Bedrooms: County HOUSEHOLD COMPOSITION HH Name Sex Relationship DOB Head of Occupation of Social Security# # Household Head Code I HEAD 2 3 4 5 6 H14 of Household Codes: 1—Single/non-Elderly 2—Elderly 3—Related/Single Parent 4—Related/Parent 5-Other ANNUAL INCOME(USE ANNUAL AMOUNTS) HH (A) (B) (C) (D) # Wages/Salaries Benefits/Pensions Public Assistance Assets/Other Income Totals (W (E)Gross Annual Income HOUSEHOLD CERTIFICATION I/We certify that the information on this form is true and complete to the best of my/our knowledge and belief. I/We consent to the disclosure of such information to the Federal or State agency with oversight of the program(s),and to the Florida Housing Finance Corporation in its capacity to monitor the property's compliance with applicable program requirements. Signature of Lessee (Date) Signature of Lessee (Date) Signature of Lessee (Date) Signature of Lessee (Date) Unit#: Household Name: Gross Annual Income:(from line E) Current income limit: WARNING: Section 1001 of Title 18 of the U.S.Code makes it a criminal offense to willfully falsify a material fact or make a false statement in any matter within the jurisdiction of a federal agency. Florida Housing Finance Corporation Page 1 Attachment A,Exhibit 2(Rev.09/06) 248 Eligibility Status Ethnicity&Race of Head of Household O Income Eligible <80% Circle One (W 11—White Security Deposit Paid: $ 12—Black or African American 13—Hispanic BY: ❑ Tenant ❑ PHA 14—Asian 15—American Indian or Alaska Native Utility Deposit Paid: $ 16—Native Hawaiian or Other Pacific Islander 17—American Indian or Alaska Native&White BY: ❑ Tenant ❑ PHA 18—Asian&White 19—Black or African American&White Pro-rated Rent Paid: $ 20—American Indian or Alaska Native&Black or African American 21—Other Multi Racial BY: ❑ Tenant ❑ PHA Unit Rent Information a. Tenant Paid Rent: b. Move-in Date c. Housing Assistance Payment: d. Current rent limit(FMR) $ e. Total Landlord Rent Unit Meets Rent Restriction at ❑ 30% ❑ Written verification of income attached (W PHA CERTIFICATION I have verified the information presented on this form in accordance with the requirements of the Program and the provisions of any applicable deed restrictions. I possess the documentation necessary to support this certification/recertification. To the best of my knowledge, the information presented on this form is complete and accurate. (Signature of Owner or Authorized Representative) (Date) (Printed Name) (Printed Title) For FHFC use only WARNING: Section 1001 of Tide 18 of the U.S.Code makes it a criminal offense to willfully falsify a material fact or make a false statement in any matter (W within the jurisdiction of a federal agency. Florida Housing Finance Corporation Page 2 Attachment A,Exhibit 2(Rev.09/06) 249 TBRA LANDLORD AGREEMENT TO PARTICIPATE (Completed by PHA and Landlord) (W DATE: NAME of PHA: I. Landlord Information Name: Social Security#or Tax ID# Mailing Address: Telephone Number: E-Mail Address: II. Rental Unit Information Address: #of Bedrooms: Monthly FHFC Rent: Monthly Tenant Rent: Move In Date: Security Deposit Paid by PHA: Prorated First Months Rent Paid by PHA: III. Method of Payment (W Direct Deposit(attach authorization) Mail Check(delivery date of the check is beyond the control of FHFC) IV. Landlord Certification I hereby certify that I have read and agree to participate in and comply with the Florida Housing Finance Corporation Tenant Based Rental Assistance Program.I further certify that I agree to the following: 1. I must attach a fully executed copy of the HOME Lease Addendum to the Lease of each Tenant participating in this program. 2. (Grantee) will make rental assistance payments to me for a period of twelve months from the date of initial occupancy provided the tenant remains in the unit and the unit meets HUD Housing Quality Standards (HQS). I agree to notify the Grantee within ten days if the tenant moves out. I understand that if a tenant moves out before the end of the lease term, the Grantee will only pay rent through the remainder of the month in which the tenant moves. I further agree to hold harmless the Grantee for any breach of the lease,including but not limited to,tenant's failure to make monthly rental payments. 3. I am obligated to repay any amounts that I receive to which I am not entitled without demand from the Grantee. Further,I agree to make no false claims for rental assistance payments. Date: Signature of Landlord Attachments: Copy of Lease and signed HOME Lease Addendum, Direct Deposit Form Florida Housing Finance Corporation Page 1 Attachment A,Exhibit 3(Rev.09/06) 250 (W LEASE ADDENDUM TENANT: LANDLORD: UNIT NO. &ADDRESS PARTICIPATING AGENCY ("Grantee"): This lease addendum adds the following paragraphs to the lease between the Tenant and the Landlord referred to above("Lease"). A. Purpose of the Addendum. The Lease is hereby amended to include the provisions of this addendum because the Tenant has been approved to receive tenant based rental assistance under the Florida Housing Finance Corporation("FHFC")Tenant-Based Rental Assistance Program ("Program"). B. Conflict with Other Provisions of the Lease. In case of any conflict between the provisions of this Addendum and other sections of the Lease,the provisions of this Addendum shall prevail. C. Rental Assistance Payment. (1) Each month the Tenant shall make a rental payment to the Landlord in the amount of $ . The Tenant is responsible for this monthly payment for the entire term of the Lease unless otherwise agreed to in writing between the Landlord and the Tenant. (2) Each month the Landlord shall collect from the Agency a rental assistance payment on behalf of the Tenant in the amount of$ . The Agency shall make this rental assistance payment to the Landlord for each month the unit is Tenant occupied,but in no case shall payments exceed 12 months from the date of initial occupancy. D. Housing Standards. The Landlord shall maintain the unit,common areas,equipment,and facilities in decent, safe and sanitary condition in accordance with HUD's Housing Quality Standards(HQS)and federal, state and local laws. E. Security Deposit. (1) The Landlord has received a deposit in the amount of$ as a Security Deposit. The Landlord will hold this security deposit during the period the Tenant occupies the unit under the Lease. The Landlord shall comply with state and local laws regarding interest payments on security deposits. (2) After the Tenant moves out of the unit,the Landlord shall refund the full amount of the security deposit to the Agency. The Landlord may, subject to state and local laws,use the security deposit, as reimbursement for rent or any other amounts payable by the Tenant under the Lease. The Landlord shall promptly return the balance of the full amount of the security balance to the Agency. Florida Housing Finance Corporation Page 1 Attachment A,Exhibit 4(Rev.09/06) 251 F. Rent Increases. Rent Increases during the term of the Lease are prohibited without Agency (W approval. G. Termination of Tenancy. The Landlord may evict the Tenant following applicable state and local laws. The Landlord must notify the Agency that eviction procedures have begun. H. Prohibited Lease Provisions. Any provision of the Lease which falls within the classifications below shall not apply and not be enforced by the Landlord: (1) Agreement to be Sued. Agreement by the Tenant to be sued, admit guilt,or to a judgment in favor of the owner in a lawsuit brought in connection with the Lease. (2) Treatment of Property. Agreement by the Tenant that the Landlord may take,hold or sell personal property of household members without notice to the Tenant and a court decision on the rights of the parties. This prohibition,however, does not apply to an agreement by the Tenant concerning disposition of personal property remaining in the housing unit after the Tenant has moved out. The Landlord may dispose of this personal property in accordance with State Law. (3) Excusing the Owner from Responsibility. Agreement by the Tenant not to hold the Landlord or the Landlord's agents legally responsible for actions or failure to act,whether intentional or negligent. (4) Waiver of Notice. Agreement by the Tenant that the Landlord may institute a lawsuit without notice to the Tenant. (5) Waiver of Legal Proceedings. Agreement by the Tenant that the Landlord may evict the Tenant or household members without instituting a civil court proceeding in which the Tenant has the opportunity to present a defense before a court decision on the rights of both parties. (6) Waiver of a Jury Trial. Agreement by the Tenant to waive any right to a jury trial. (7) Waiver of a Right to Appeal Court Decision. Agreement by the Tenant to waive the Tenant's rights to appeal or to otherwise challenge in court a decision in connection with the Lease. (8) Tenant Chargeable with Cost of Legal Actions Regardless of Outcome. Agreement by the Tenant to pay attorney fees or other legal costs even if the Tenant wins the court proceedings by the Landlord against the Tenant. The Tenant,however,may be obligated to pay costs if the Tenant loses. I. Nondiscrimination. The Landlord shall not discriminate against the Tenant on the grounds of age, race,color,creed,religion,sex,handicap,national origin or familial status. (W Florida Housing Finance Corporation Page 2 Attachment A,Exhibit 4(Rev.09/06) 252 (W TENANT SIGNATURE: LANDLORD SIGNATURE: By: By: (Print name) (Print name) (Signature/Date) (Signature/Date) TENANT SIGNATURE: By: (Print name) (Signature/Date) (W (W Page Florida Housing Finance Corporation Pa e 3 Attachment A,Exhibit 4(Rev.09/06) 253 FLORIDA HOUSING HOME Program Tenant Based Rental Assistance FINANCE CORPORATION Payment Request Form Mail completed form to: This form shall be used in requesting a dr7d ' Florida Housing:Finance Corporation of funds for Tenant Based Rental AssistaAttwHeather Boyd in aII appropriate blanks and type or print 227 N. Bronotagh St., Suite 5000 This form is due by the 18th of the month: Tallahassee, FL 32301-1329 Name and Address of Grantee Date of Narne: Request for the month Address: IDIS Number: City: State Zip: - TYpe 'Payment 1 Inifial Social Sec Amount 2 On urity going; Number Tenant Name Re. nested 3 Final_ Commitment Amount Previous Disbursements (not including administration fee) Disbursement Request Balance (not including administration fee) 10% Administration Request Total Request Name of Authorized Signatory Title (W Pae 1 Attachment B (Rev.09/06) Florida Housing Finance Corporation g 254 Tenant Based Rental Assistance U.S.Department of Housing OMB Approval No.2506-0171 and Urban Development (Exp.05/31/2007) Set-up Report Office of Community Planning HOME Program and Development Note:Complete for all Tenant Based Rental Assistance Activities. Mark Appropriate Box: ❑Original Submission ❑Revision Part A: 1. Name Participant 5.HOME Funds for Activity a.Total Funds Requested $ 2.Activity Number 3.Participant Tax ID Number b.Participant Number c.Dollar Amount of Funds 4. Name&Phone Number of person completing form $ Part B:Activity Information. 1.Term of Contract 2.County Code 3.Number of Tenants Assisted Part C:Household Characteristics. Enter one code only in each block. No. Tenant's Last No. Tenant Subsidy Total Rent %of Hisp Race of Head Size of Head of Type of Is HOME As- Name or First 5 of Payment Amount (a+b) Area of Household House House Contract sisted Tenant Letters of Last BRs (a) (b) Median hold hold O=Owner in HOME As- Name Income T=Tenant sisted Project 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 No.of Bedrooms Code Hispanic Race of Head of Household Code Size of Household Code Head of Household Code 1—1 Bedroom y—yes 11—White 1—1 Person 1—Single/Non Eldedy 2—2 Bedrooms n—no 12—Black or African American 2-2 Persons 2—Elderly 3—3 Bedrooms 13—Asian 3—3 Persons 3—Related/Single Parent 4—4 Bedrooms 14—American Indian or Alaska Native 4—4 Persons 4—RelatedlTwo Parent 5—5 or more Bedrooms 15—Native Hawaiian or Other Pack Islander 5—5 Persons 5—Other 16—American Indian or Alaska Native&White 6—6 Persons %of Area Median Code 17—Asian&White 7—7 Persons 1— 0-30% 18—Black or African American&White 8—8 or more Persons 2-30-50% 19—American Indian or Alaska Native& 3-50-60% Black or African American (W 4-60-80% 20—Other Multi Racial Page 1 of 4 form HUD-40095(02/2003) Part C:(con't.) Household Characteristics. Enter one code only in each block. No. Tenants Last No. Tenant Subsidy Total Rent %of Hisp Race of Size of Head of Type of Is HOME As- Name or First 5 of Payment Amount (a+b) Area Head of House House Contract sisted Tenant Letters of Last BRs (a) (b) Median Household hold hold O=Owner in HOME As- Name Income T=Tenant sisted Project 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 No.of Bedrooms Code Hispanic Race of Head of Household Code Size of Household Code Head eM«uE denyd Code 1—1 Bedroom Y—yes 11—White 1—1 Person n—no 12—Black or African American 2—2 Persons 2—Eideriy 2—2 Bedrooms 13—Asian 3—3 Persons 3—Related/Single Parent 3—3 Bedrooms 14—American Indian or Alaska Native 4—4 Persons 4—Relatedrrwo Parent 4—4 Bedrooms5—Other 5—5 or more Bedrooms 15—Native Hawaiian or Other PNCC Islander 5—5 Persons (W18 16—American Indian or Alaska Native&White 6—6 Persons %of Area Median Code 17—Asian&White 7-7 Persons 1— 0-30% —Black or African American&White 8—8 or more Persons 19—American Indian or Alaska Native& 2-30-50% 3-50-60% Black or African American Page 2 of 4 form HUD-40095(02/2003) 256 4-60-80% 20-Other Multi Racial Public reporting burden for this collection of information is estimated to average 15 minutes per response,including the time for reviewing instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information. This agency may not conduct or sponsor,and a person is not required to respond to,a collection of information unless that collection displays a valid OMB control number. The HOME statute imposes a significant number of data collection and reporting requirements. This includes information on assisted properties,on the owner or tenants of the properties,and on other programmatic areas. The information will be used: 1)to assist HOME participants in managing their programs;2)to track performance of (W participants in meeting fund commitment and disbursement deadlines;3)to permit HUD to determine whether each participant meets the HOME statutory income targeting and affordability requirements;and 4)to permit HUD to determine compliance with other statutory and regulatory program requirements. This data collection is authorized under Title II of the Cranston-Gonzalez National Affordable Housing Act or related authorities. Access to Federal grant funds is contingent on the reporting of certain activity- specific elements. Records of information collected will be maintained by the recipients of the assistance. Information on activities and disbursements of grant funds is public information and is generally available for disdosure. Recipients are responsible for ensuring confidentially when public disclosure is not required. Sensitive Information: Some of the information collected on this form is considered sensitive and is protected by the Privacy Act. The Privacy Act requires that these records be maintained with appropriate administrative,technical,and physical safeguards to ensure their security and confidentiality. In addition,these records should be protected against any anticipated threats or hazards to their security or integrity which could result in substantial harm,embarrassment,inconvenience,or unfairness to any individual on whom the information if maintained. Recipients are responsible for ensuring confidentiality when public disclosure is not required. Instructions for Completing the Tenant-Based Rental Assistance Set-Up Report HOME Program Read the instructions for each item carefully before completing Part C. Household Characteristics. the form. Use a typewriter or print carefully with a ballpoint pen. Complete one line for each tenant receiving HOME tenant-based Prepare an original and one copy. Retain the copy. rental assistance from HOME funds. Applicability. This report is to be completed for each rental Tenant's Last Name or First 5 Letters of Last Name. Enter the activity assisted with HOME funds. A single set-up report form tenant's last name if the name is 5 letters or less. Enter the first may include up to 99 tenants so long as the term of the contract is five letters of the last name if the name is more than five letters. the same for all of the tenants in the report form. For centralized State projects,the tenants must be in the same country. Number of Bedrooms. Enter V for a single room occupancy (SRO) unit or for an efficiency unit, 1 for 1 bedroom, 2 for 2 Timing. Data is to be entered into IDIS before funds may be bedrooms, 3 for 3 bedrooms, 4 for 4 bedrooms, and 5 for 5 or drawn down for an activity. An amended set-up report form more bedrooms. should be submitted to increase or decrease HOME funding for the activity. Monthly Rent(Including Utilities). Tenant Payment Enter the actual rent to the nearest dollar, Part A: Activity Information including utilities, paid by the tenant at the time of activity completion. If the rent includes utilities, or if the rent includes (W 1. Name of Participant. Enter the name of the jurisdiction. partial utilities, e.g., heat, but not electricity, these utility costs 2. Project Number. Enter the activity number assigned by must be added to the rent. Compute utility costs for the area(and IDIS. in the case of partial utilities, compute costs for utilities excluded 3. Participant's Tax ID Number. Enter the Tax from the rent), by using the utility allowance schedule by the local (Employer) Identification Number for the participant. Public Housing Authority (PHA) in accordance with form HUD- 4. Name &Phone Number of Person Completing Form. 52667, Allowance for Tenant Furnished Utilities and Other Enter the name and phone number, including area code, Services. of the person to contact for further information regarding this project. HOME Subsidy Amount. Enter the amount from HOME funds 5. HOME Funds for Activity. that will be paid to the tenant or owner as a rent subsidy payment a. Enter the total amount of HOME (including any utility allowances)to the nearest dollar. funds requested for the activity. b. Enter the participant number (from Total Rent. Enter the total monthly rent (tenant payment plus item 2 of the HOME Investment HOME subsidy amount). Note:This amount may exceed the rent Partnership Agreement for Project paid to the owner if it includes tenant-paid utilities. Areas)for each fiscal year source of HOME project funds committed for Income Data. the activity. Percent of Area Median. For each occupied residential unit, c. Enter the amount of HOME funds enter one code only based on the following definitions: from each fiscal year by participant 1. 0-30 Percent of Area Median means a household whose number. adjusted income is at or below 30 percent of the median family income for the area, as determined by HUD with Part B: Activity Information adjustments for smaller and larger families. Items 1 and 2 must be the same for all tenants included in a 2. 30-50 Percent of Area Median means a household single activity set-up. whose adjusted income exceeds 30 percent and does 1. Term of Contract. Enter the term in months of tenant- not exceed 50 percent of the median family income for based rental assistance activity. the area, as determined by HUD with adjustments for 2. County Code. To be completed only by States that are smaller and larger families. being administered in a centralized State HOME 3. 50-60 Percent of Area Median means a household Program. Enter the 3-digit county code for the county in whose adjusted income exceeds 50 percent and does which the project is located. not exceed 60 percent of the median family income for (W 3. Number of Tenants Assisted. Enter the total number the area, as determined by HUD with adjustments for of tenants to be assisted by this activity. smaller and larger families. Page 3 of 4 form HUD-40095(02/2003) 4. 60-80 Percent of Area Median means a household 1. Section 8. Tenants receiving Section 8 assistance whose adjusted income exceeds 60 percent and does through the Section 8 Certificate Program under 24 CFR not exceed 80 percent of the median family income for part 882 or the Section 8 Housing Voucher Program the area, as determined by HUD with adjustments for under 24 CFR part 887. smaller and larger families. 2. HOME Tenant Based Rental Assistance. Tenants receiving HOME tenant-based assistance. Household Data. 3. Other Assistance. Tenants receiving rental assistance Hispanic Y/N: For each occupied residential unit, enter the through other Federal, State or local rental assistance ethnicity for the head of household as either "Y" for Hispanic or programs. Latino or"N"for Not Hispanic or Latino. Hispanic or Latino race is 4. No Assistance. Self-explanatory. defined as a person of Cuban, Mexican, Puerto Rican, South or Central American, other Spanish culture or origin, regardless of race. The term, "Spanish origin," can be used in addition to "Hispanic or Latino." Race—Head of Household: For each occupied residential unit, enter one code only based on the following definitions: 11. White. A person having origins in any of the original peoples of Europe, North Africa or the Middle East. 12. Black or African American. A person having origins in any of the black racial groups of Africa. Terms such as "Haitian"or"Negro"can be used in addition to"Black or African American." 13. Asian. A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands,Thailand and Vietnam. 14. American Indian or Alaska Native. A person having origins in any of the original peoples of North and South America(including Central America), and who maintains affiliation or community attachment. 15. Native Hawaiian or Other Pacific Islander. A person having origins in any of the original people of Hawaii, Guam,Samoa or other Pacific Islands. (W 16. American Indian or Alaska Native &White. A person having these multiple race heritages as defined above. 17. Asian & White. A person having these multiple race heritages as defined above. 18. Black or African American &White. A person having these multiple race heritages as defined above. 19. American Indian or Alaska Native&Black or African American. A person having these multiple race heritages as defined above. 20. Other Multi Racial. For reporting individual responses that are not included in any of the other categories listed above. Size of Household. Enter the appropriate number of persons in the household: 1, 2, 3, 4, 5, 6, 7, or 8 or more persons (for households or more than 8,enter 8). Head of Household. For each residential unit, enter one code only based on the following definitions: 1. Single/Non-Elderly. One-person household in which the person is not elderly. 2. Elderly. One or two person household with a person at least 62 years of age. 3. Related/Single Parent. A single parent household with a dependent child or children(18 years old or younger). 4. Related/Two Parent. A two-parent household with a dependent child or children(18 years old or younger). 5. Other. Any household not included in the above 4 definitions, including two or more unrelated individuals. Rental Assistance: Enter one code only to indicate the type of (W assistance, if any,being provided to the tenant. Page 4 of 4 form HUD-40095(02/2003) 258 PART 982-SECTION 8 TENANT BASED ASSISTANCE: HOUSING CHOICE VOUCHER PROGRAM Subpart I—Dwelling Unit: Housing Quality Standards,Subsidy Standards, Inspection and Maintenance Source: 60 FR 34695, July 3, 1995,unless otherwise noted. Sec. §982.401 Housing quality standards(HQS). (a)Performance and acceptability requirements. (1)This section states the housing quality standards(HQS) for housing assisted in the programs. (2)(i)The HQS consist of: (A)Performance requirements; and (B)Acceptability criteria or HUD approved variations in the acceptability criteria. (ii)This section states performance and acceptability criteria for these key aspects of housing quality: (A) Sanitary facilities; (B)Food preparation and refuse disposal; (C) Space and security; (D)Thermal environment; (E)Illumination and electricity; (F)Structure and materials; (G)Interior air quality; (H)Water supply; (I)Lead-based paint; 259 (W (n Access; (K) Site and neighborhood; (L)Sanitary condition; and (M) Smoke detectors. (3)All program housing must meet the HQS performance requirements both at commencement of assisted occupancy,and throughout the assisted tenancy. (4)(i)In addition to meeting HQS performance requirements,the housing must meet the acceptability criteria stated in this section,unless variations are approved by HUD. (ii)HUD may approve acceptability criteria variations for the following purposes: (A)Variations which apply standards in local housing codes or other codes adopted by the PHA;or (B)Variations because of local climatic or geographic conditions. (iii)Acceptability criteria variations may only be approved by HUD pursuant to paragraph(a)(4xii)of this section if such variations either: (A) Meet or exceed the performance requirements;or (B) Significantly expand affordable housing opportunities for families assisted under the program. (iv)HUD will not approve any acceptability criteria variation if HUD believes that such variation is likely to adversely affect the health or safety of participant families, or severely restrict housing choice. (b)Sanitary facilities—(I)Performance requirements. The dwelling unit must include sanitary facilities located in the unit.The sanitary facilities must be in proper operating condition,and adequate for personal cleanliness and the disposal of human waste.The sanitary facilities must be usable in privacy. (2)Acceptability criteria. (i) The bathroom must be located in a separate private room and have a flush toilet in proper operating condition. (ii)The dwelling unit must have a fixed basin in proper operating condition,with a sink trap and hot and cold running water. (iii)The dwelling unit must have a shower or a tub in proper operating condition with hot and cold running water. (W 260 (iv)The facilities must utilize an approvable public or private disposal system(including a locally approvable septic system). (c)Food preparation and refuse disposal—(1)Performance requirement. (i)The dwelling unit must have suitable space and equipment to store, prepare,and serve foods in a sanitary manner. (ii)There must be adequate facilities and services for the sanitary disposal of food wastes and refuse,including facilities for temporary storage where necessary(e.g, garbage cans). (2)Acceptability criteria. (i)The dwelling unit must have an oven,and a stove or range, and a refrigerator of appropriate size for the family. All of the equipment must be in proper operating condition. The equipment may be supplied by either the owner or the family.A microwave oven may be substituted for a tenant-supplied oven and stove or range. A microwave oven may be substituted for an owner-supplied oven and stove or range if the tenant agrees and microwave ovens are furnished instead of an oven and stove or range to both subsidized and unsubsidiz;d tenants in the building or premises. (ii)The dwelling unit must have a kitchen sink in proper operating condition,with a sink trap and hot and cold running water.The sink must drain into an approvable public or private system. (W (iii)The dwelling unit must have space for the storage,preparation,and serving of food. (iv) There must be facilities and services for the sanitary disposal of food waste and refuse, including temporary storage facilities where necessary(e.g., garbage cans). (d)Space and security—(1)Performance requirement. The dwelling unit must provide adequate space and security for the family. (2)Acceptability criteria. (i)At a minimum, the dwelling unit must have a living room,a kitchen area, and a bathroom. (ii)The dwelling unit must have at least one bedroom or living/sleeping room for each two persons.Children of opposite sex,other than very young children, may not be required to occupy the same bedroom or living/sleeping room. (iii) Dwelling unit windows that are accessible from the outside,such as basement, first floor, and fire escape windows, must be lockable(such as window units with sash pins or sash locks,and combination windows with latches). Windows that are nailed shut are acceptable only if these windows are not needed for ventilation or as an alternate exit in case of fire. (iv)The exterior doors of the dwelling unit must be lockable. Exterior doors are doors by which someone can enter or exit the dwelling unit. (W 261 (e) Thermal environment—(1)Performance requirement, The dwelling unit must have and be capable of maintaining a thermal environment healthy for the human body. (2)Acceptability criteria. (i)There must be a safe system for heating the dwelling unit (and a safe cooling system,where present).The system must be in proper operating condition.The system must be able to provide adequate heat(and cooling,if applicable), either directly or indirectly,to each room, in order to assure a healthy living environment appropriate to the climate. (ii)The dwelling unit must not contain unvented room heaters that burn gas, oil,or kerosene.Electric heaters are acceptable. (f)Illumination and electricity—(1)Performance requirement. Each room must have adequate natural or artificial illumination to permit normal indoor activities and to support the health and safety of occupants.The dwelling unit must have sufficient electrical sources so occupants can use essential electrical appliances. The electrical fixtures and wiring must ensure safety from fire. (2)Acceptability criteria. (i)There must be at least one window in the living room and in each sleeping room. (ii)The kitchen area and the bathroom must have a permanent ceiling or wall light fixture in proper operating condition.The kitchen area must also have at least one electrical (W outlet in proper operating condition. (iii)The living room and each bedroom must have at least two electrical outlets in proper operating condition.Permanent overhead or wall-mounted light fixtures may count as one of the required electrical outlets. (g)Structure and materials—(1)Performance requirement. The dwelling unit must be structurally sound.The structure must not present any threat to the health and safety of the occupants and must protect the occupants from the environment. (2)Acceptability criteria. (i)Ceilings,walls, and floors must not have any serious defects such as severe bulging or leaning, large holes,loose surface materials,severe buckling, missing parts,or other serious damage. (ii)The roof must be structurally sound and weathertight. (iii)The exterior wall structure and surface must not have any serious defects such as serious leaning,buckling, sagging, large holes,or defects that may result in air infiltration or vermin infestation. (iv)The condition and equipment of interior and exterior stairs, halls, porches,walkways, etc.,must not present a danger of tripping and falling. For example,broken or missing steps or loose boards are unacceptable. 262 (1tW (v)Elevators must be working and safe. (h)Interior air quality--(1) Performance requirement. The dwelling unit must be free of pollutants in the air at levels that threaten the health of the occupants. (2)Acceptability criteria. (i)The dwelling unit must be free from dangerous levels of air pollution from carbon monoxide, sewer gas, fuel gas,dust,and other harmful pollutants. (ii)There must be adequate air circulation in the dwelling unit. (iii) Bathroom areas must have one openable window or other adequate exhaust ventilation. (iv) Any room used for sleeping must have at least one window.If the window is designed to be openable,the window must work. (i) Water supply—(1)Performance requirement. The water supply must be free from contamination. (2)Acceptability criteria. The dwelling unit must be served by an approvable public or private water supply that is sanitary and free from contamination. 0)Lead-based paint performance requirement. The Lead-Based Paint Poisoning (W Prevention Act(42 U.S.C. 4821-4846), the Residential Lead-Based Paint Hazard Reduction Act of 1992(42 U.S.C. 4851-4856),and implementing regulations at part 35, subparts A,B, M,and R of this title apply to units assisted under this part. (k)Access performance requirement. The dwelling unit must be able to be used and maintained without unauthorized use of other private properties.The building must provide an alternate means of exit in case of fire(such as fire stairs or egress through windows). (1)Site and Neighborhood—(1)Performance requirement. The site and neighborhood must be reasonably free from disturbing noises and reverberations and other dangers to the health, safety, and general welfare of the occupants. (2)Acceptability criteria. The site and neighborhood may not be subject to serious adverse environmental conditions, natural or manmade, such as dangerous walks or steps; instability; flooding,poor drainage,septic tank back-ups or sewage hazards; mudslides; abnormal air pollution,smoke or dust;excessive noise,vibration or vehicular traffic; excessive accumulations of trash;vermin or rodent infestation;or fire hazards. (m)Sanitary condition—(1)Performance requirement. The dwelling unit and its equipment must be in sanitary condition. (W 263 (W (2)Acceptability criteria. The dwelling unit and its equipment must be free of vermin and rodent infestation. (n)Smoke detectors performance requirement—(1) Except as provided in paragraph (n)(2) of this section,each dwelling unit must have at least one battery-operated or hard- wired smoke detector,in proper operating condition,on each level of the dwelling unit, including basements but excepting crawl spaces and unfinished attics. Smoke detectors must be installed in accordance with and meet the requirements of the National Fire Protection Association Standard (NFPA) 74(or its successor standards).If the dwelling unit is occupied by any hearing-impaired person,-smoke detectors must have an alarm system,designed for hearing-impaired persons as specified in NFPA 74(or successor standards). (2)For units assisted prior to April 24, 1993, owners who installed battery-operated or hard-wired smoke detectors prior to April 24, 1993 in compliance with HUD's smoke detector requirements, including the regulations published on July 30, 1992, (57 FR 33846),will not be required subsequently to comply with any additional requirements mandated by NFPA 74(i.e., the owner would not be required to install a smoke detector in a basement not used for living purposes,nor would the owner be required to change the location of the smoke detectors that have already been installed on the other floors of the unit). [60 FR 34695,July 3, 1995, as amended at 61 FR 27163, May 30, 1996;63 FR 23861, Apr. 30, 1998;64 FR 26646, May 14, 1999; 64 FR 49658, Sept. 14, 1999; 64 FR 50230, Sept. 15, 1999] LW 264 (W RESOLUTION NO, 2013-n62 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DELEGATING AUTHORITY TO THE COUNTY ADMINISTRATOR OR HIS DESIGNEE, TO EXECUTE RESOLUTIONS CALLING LETTERS OF CREDIT AS NECESSARY DURING THE PERIOD COMMENCING JULY 17, 2013, THROUGH AND INCLUDING AUGUST 19, 2013, AND FURTHER DELEGATING TO THE COUNTY ADMINISTRATOR OR HIS DESIGNEE, THE AUTHORITY TO EXECUTE ALL DOCUMENTS NECESSARY TO THE PROPER FUNCTIONING OF THE COUNTY DURING THE PERIOD COMMENCING JULY 17, 2013, THROUGH AND INCLUDING AUGUST 19, 2013. WHEREAS, at the November 20, 2012 Board of County Commissioners meeting, the Board canceled regularly scheduled Board meetings during the period commencing July 17, 2013, through and including August 19, 2013; WHEREAS, Section 101.05.1.q of The Code of Indian River County allows the Board to authorize the County Administrator, or his designee, to perform other duties on behalf of the Board of County Commissioners; WHEREAS, various letters of credit are posted with the County to, among other things, guaranty performance or warranty as well as compliance and restoration of sand mines, and many letters of credit have certain call language requiring a resolution of the Board of County (aw Commissioners declaring default or failure to post alternate security; WHEREAS, it is necessary to delegate specific authority to execute resolutions on behalf of the Board of County Commissioners to call letters of credit; WHEREAS, it is necessary to delegate additional signing authority, not previously delegated by Florida Statutes, The Code of Indian River County, and Indian River County resolutions, to each of the County Administrator or his designee; and WHEREAS, pursuant to Resolution No. 2012-112 and section 101.10(1) of The Code of Indian River County, the Board of County Commissioners previously delegated to the Indian River County Administrator acting as Indian River County Emergency Services District Director, or his designee, the authority: (i) to declare a state of local emergency for Indian River County pursuant to Florida Statutes section 252.38(3)(a)(5); and (ii) pursuant to any duly issued Executive Order concerning Emergency Management issued by the Governor of the State of Florida declaring that a disaster and/or emergency [as such terms are defined in Florida Statutes section 252.34 (1) and (3) respectively) exists in Indian River County, to issue orders and rules, including, without limitation, the ability to issue Emergency Orders for Indian River County, during the period of the declared emergency, and such delegation in Resolution No. 2012-112 remains in full force and effect; and WHEREAS, pursuant to Resolution No. 2012-113, the Board of County Commissioners N previously delegated to the Indian River County Administrator or his designee, the authority to c execute resolutions on behalf of the Board to call letters of credit which might expire or otherwise E require action to be taken during the period of a declared state of local emergency or declared State .c (W of Florida emergency affecting Indian River County, and such delegation in Resolution No. 2012- 113 remains in full force and effect. Q 265 RESOLUTION NO. 2013- 062 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The County Administrator, or his designee, is hereby delegated the authority to execute resolutions on behalf of the Board of County Commissioners to call letters of credit which might expire or otherwise require action to be taken during the period commencing July 17, 2013, through and including August 19, 2013. Any resolutions executed by the County Administrator or his designee, to call letters of credit during the period commencing July 17, 2013, through and including August 19, 2013, are to be accompanied by a copy of this Resolution. 2. The County Administrator, or his designee, is hereby authorized to execute all documents necessary to the proper functioning of the County, which may arise during the period commencing July 17, 2013, through and including August 19, 2013, provided that all such documents signed during such interval are brought to the Board of County Commissioners for ratification. 3. The Effective Date of this Resolution is July 17, 2013, and this Resolution shall expire without further action of this Board at the close of business on August 19, 2013. This Resolution was moved for adoption by Commissioner 0'Bryan and the motion was seconded by Commissioner Flescher , and, upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher Ave Vice Chairman Wesley S. Davis y_ Commissioner Tim Zorc Aye Commissioner Peter D. O'Bryan Ave Commissioner Bob Solari Aye The Chairman thereupon declared this Resolution duly passed and adopted this 09 day of Ju v , 2013. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By ���Josiep—he-"Plescher, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller =�G j..... a S�pNF=aY4 °�A By Deputy Clerk Approved as to form and legal sufficiency--,--- By ufficiencBy County Attdrney 2 266 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator D A TMENT HEAD CONCURRENCE Robert M. Keating, AI ; Commu Development Director FROM: Sasan Rohani, AICP Chief, Long=Range Planning DATE: August 7, 2013 SUBJECT Request for Approval of a revised Technical Assistance Grant Agreement between the Department of Economic Opportunity(DEO) and Indian River County It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of August 20, 2013. BACKGROUND On July 16, 2013, the Board of County Commissioners approved a Technical Assistance Grant Agreement between the county and the Department of Economia Opportunity (DEO). That agreement formalized DEO's award of a $25,000 grant to the county for design of streetscape improvements on 45`h Street in Gifford. Although the document approved by the Board on July 16th was a grant agreement template that DEO had sent to the county,DEO subsequently determined that the grant agreement document that was submitted to the county and approved by the Board did not include all necessary agreement provisions. Since Board approval of the County/DEO agreement, DEO has made several minor changes to the text of the agreement. Those changes modify provisions in the agreement that relate to payments, indemnification,and non-discrimination. Overall,the changes are reasonable modifications to the original agreement. For the county to receive the Technical Assistance Grant Funds,the Board needs to execute the revised County/DEO grant agreement. A copy of that agreement is attached. 267 (W Also attached to this staff report is a copy of the Technical Assistance Grant staff report prepared for the July 16th meeting. That staff report provides background information on the Technical Assistance Grant. As noted in that staff report, no local match is required for the subject grant. RECOMMENDATION Based on the analysis, staff recommends that the Board of County Commissioners approve the attached revised Technical Assistance Grant Agreement between the Department of Economic Opportunity(DEO)and Indian River County and authorize the chairman to sign three copies of the agreement. ATTACHMENTS: 1. Revised Technical Assistance Grant Agreement between the Department of Economic Opportunity (DEO) and Indian River County. 2. Staff report from July 16, 2013 Board of County Commissioners meeting (W Approved Agenda Item: Indian Approve Date Admin. 7 For: °10M 3 Legal TS h? 3 • Budget By: 1 13 Dept. ' 14ft Risk Mgr. FACommunity Development\Gifford Plan\2013 DEO TA grant for 45th street\BCC Revised item for DEO TA Grant 2.doc 268 (W FUNDING AND PROGRAM AGREEMENT BETWEEN THE DEPARTMENT OF ECONOMIC OPPORTUNITY AND INDIAN RIVER COUNTY THIS FUNDING AND PROGRAM AGREEMENT ("Agreement"), by and between the DEPARTMENT OF ECONOMIC OPPORTUNITY (herein after referred to as the "DEPARTMENT") located at 107 East Madison Street, Tallahassee, Florida 32399-4120, and Indian River County (herein after referred to as the "RECIPIENT"), located at 1801 27`h Street, Vero Beach,Florida 32960, is made and entered into as of the date last signed below (the "Effective Date"). The DEPARTMENT and the RECIPIENT are sometimes hereinafter referred to as a "Party" and collectively as the"Parties." RECITALS WHEREAS, the 2013 Legislature appropriated recurring funds (the "Funds") from the Grants and Donations Trust Fund for the purpose of providing technical assistance to local governments for implementation of growth management planning efforts;and WHEREAS, the RECIPIENT acknowledges that this is a performance based funding program and represents that it possesses the requisite skills,knowledge, qualifications and experience to perform (W the tasks described herein;and WHEREAS, the DEPARTMENT and the RECIPIENT desire to enter into this Agreement with regard to the implementation of the funding and programs described herein; NOW, THEREFORE, in consideration of the promises and mutual agreements contained herein, the Parties agree as follows: 1. PARTIES: The Parties and their respective addresses for purposes of this Agreement are as follows: For the DEPARTMENT: Department of Economic Opportunity Division of Community Development 107 East Madison Street,MSC 160 Tallahassee, Florida 32399-4120 Telephone Number (850) 717-8475 Facsimile Number(850) 717-8522 -� �- - - '• -•�« AVACHM ' Im 4 Nee 1 of 21 269 (W For the RECIPIENT: Indian River County 180127 h Street Vero Beach,Florida 32960 Phone: (772) 226-1254 Fax: (772) 978-1806 Email: bkeating@ircgov.com 2. AGREEMENT MANAGERS: The Parties each hereby appoint an Agreement Manager to facilitate the terms of this Agreement. All written approvals referenced in this Agreement must be obtained from the Parties' Agreement Managers or their designees. The DEPARTMENT Agreement Manager is Beth Frost and may be reached at telephone number (850) 717-8487. The RECIPIENT Agreement Manager is Robert M. Keating, Community Development Director, and may be reached at telephone number (772) 226- 1254. Either Party may change its Agreement Manager at any time by written notice to the other. 3. TERM: This Agreement will commence as of the date last signed below (the "Effective Date") and, unless earlier terminated pursuant to the terms hereof, will expire on June 30, 2014. The RECIPIENT acknowledges this Agreement is subject to the availability of funds, legislative appropriations, statutory changes, and further conditioned upon its satisfactory performance of all duties and (W obligations hereunder,as determined by the DEPARTMENT. 4. NOTICES: a. All notices provided under or pursuant to this Agreement shall be in writing delivered to the Agreement Manager identified in paragraph 2 of this Agreement. Any such notice,demand,request, or other communication shall be effective only if and when it is received by the Agreement Manager. b. If the RECIPIENT is unable to perform any service or is unable to make use of any funds awarded for a service provided for under this Agreement, the RECIPIENT shall share this information with the DEPARTMENT within five (5) working days of the RECIPIENT's discovery of the shortfall. 5. AMENDMENT AND MODIFICATION: a. This Agreement may not be altered, modified, amended, or changed in any manner, except pursuant to a written agreement executed and delivered by each of the Parties. Additionally, any such modification, amendment or change shall be effective on the date of delivery or such later date as the Parties may agree therein. b. Modification of this Agreement or any notices permitted or required under this Agreement ma\ be made by facsimile or other electronic transmission. Receipt of the facsimile transmission shall for the purposes of this Agreement be deemed to be an original, including signatures. (W 6. EXHIBITS: Page 2 of 21 270 Attached to and made a part of this Agreement are the following Exhibits; each of which is incorporated into and is an integral part of this Agreement: Exhibit A Scope of Work Exhibit B Payment Plan Exhibit C Audit Requirements 7. DUTIES AND OBLIGATIONS: a. The RECIPIENT shall develop and implement programs and strategies, including but not limited to, those services, programs, and activities more particularly described in Exhibit A, Scope of Work. b. The RECIPIENT shall avoid duplication of existing state and local services and activities and make a diligent effort to coordinate with other components of state and local economic development initiatives in connection with the development and implementation of the services, programs,and activities under this Agreement. c. Advertisements or other promotional materials funded by this Agreement will include reference and credit to the DEPARTMENT. 8. PAYMENT: a. Payments under this Agreement will be made to the RECIPIENT in accordance with applicable Florida laws and the General Appropriations Act for Fiscal Year 2013/14. The RECIPIENT acknowledges and agrees that only costs incurred on or after the Effective Date are eligible for payment under the funding of this Agreement. The RECIPIENT acknowledges that all funding under this Agreement shall be expended pursuant to this Agreement. Funding shall be distributed pursuant to the schedule shown in Exhibit B, Paynvent Plan. All payments shall be subject to the terms of this Agreement, including the Exhibits and the terms governing sanctions. With regard to the use of funding provided under this Agreement, the RECIPIENT agrees as follows: 1. The funds shall be used to provide the deliverables identified in Exhibit A,Scope of Work. 2. The funds shall be used only for allowable expenditures. 3. The RECIPIENT shall refund to the DEPARTMENT any balance of unobligated funds which have been advanced or paid to the RECIPIENT. 4. The RECIPIENT shall refund to the DEPARTMENT all funds paid in excess of the amount to which the RECIPIENT or its subcontractors are entitled under the terms and conditions of this Agreement b. Pavments may be made to the RECIPIENT upon receipt and approval bN the DEPAR"I LENT of: (1) an original invoice; (2) deliverables as described in Exhibit A, Srope of IY/ork; and (3) anyadditional documents required by this agreement to have been submitted. Pace 3 of 21 271 C. Financial Consequences: In the event one or more of the proceeding conditions are not met, the DEPARTMENT shall provide to the RECIPIENT a statement that includes the reasons for which payment is not being made as requested per the invoice. If applicable, such a statement shall also identify the additional actions the RECIPIENT must accomplish before payment will be made,which actions may require the RECIPIENT to agree to revision of the deliverables. Failure to submit any report or required supporting documentation for each deliverable will result in a penalty of $50 per business day for each missing item until received. Upon the RECIPIENT's completion of such additional actions, if applicable,and the DEPARTMENT's reasonable approval of the same, the DEPARTMENT shall disburse to the RECIPIENT an amount equal to the amount requested for disbursement in the invoice or such other amount as the DEPARTMENT deems to be consistent with the deliverables provided, whether or not revised, wholly within the DEPARTMENT'S discretion. 9. REPORTS: a. The RECIPIENT shall submit to the DEPARTMENT all reports and information, required in Exhibit A,Scope of Work. The documents,reports,and services called for in Exhibit A,ScoPe Of Work, and other documents or information required by this Agreement must be received and accepted by the DEPARTMENT before payments to the RECIPIENT shall be due or payable. b. The DEPARTMENT expressly reserves the right to withhold payment to the RECIPIENT until the documents, reports, and services required under this Agreement and by law are complete and acceptable to the DEPARTMENT. If this Agreement is extended or renewed beyond the original Agreement period, additional documents, reports, and services in accordance with the requirements (W of Exhibit A, Scope of Work, and other documents requested by the DEPARTMENT to cover the extended Agreement period shall be submitted by the RECIPIENT. 10. AVAILABILITY OF FUNDS: The DEPARTMENT's performance and obligation to pay under this Agreement is contingent upon an appropriation by the Legislature of the State of Florida for the specific purpose of funding the DEPARTMENT's obligations under this Agreement. In the event of a state revenue shortfall, the total funding may be reduced accordingly. The DEPARTMENT,in accordance with direction from the Governor and Legislature,shall be the final determiner of the availability of any funds. 11. BUDGET: Upon Agreement execution, the RECIPIENT shall submit to the DEPARTMENT for review, a line item budget for the project described in Exhibit A,Scope of Work, specifying the intended uses of the State's operating investment. 12. WOMEN AND MINORITY VENDORS: "I'he RECIPIEN'f is encouraged to use small businesses, including nunority and %women-owned businesses as subcontractors or sub-vendors under this Agreement. The director, of certified minority and women-owned businesses can be accessed from the website of the Department of Management Seivices, Office of Supplier DiVersin,. The RECIPIENT shall report on a quarterly basis its expenditures with minority and women-owned businesses. The report shall contain the Page 4 of 21 272 names and addresses of the minority and women-owned businesses; the aggregate dollar figure disbursed that quarter for each business; the time period; type of goods or services; and the applicable code. If no expenditures were made to minority or women-owned businesses, The RECIPIENT shall submit a statement to this effect. 13. SUBCONTRACTS: a. The RECIPIENT shall be responsible for all work performed and all expenses incurred in connection with the development and implementation of the services, programs,and activities under this Agreement. b. The RECIPIENT may, as appropriate and in compliance with applicable law, subcontract the performance of the services set forth in this Agreement, including entering into subcontracts with vendors for services and commodities,provided, however, that the RECIPIENT shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. The RECIPIENT shall not enter into subcontracts in which the DEPARTMENT could be held liable to a subcontractor for any expenses or liabilities. THE RECIPIENT shall defend and hold the DEPARTMENT harmless of any liabilities incurred under any of the subcontracts entered into by the RECIPIENT. The RECIPIENT shall be liable for all work performed and all expenses incurred as a result of any subcontract. e. Any and all contracts that the RECIPIENT executes with a person or organization under which such person or organization agrees to perform economic development services or similar business assistance services on behalf of the RECIPIENT shall include provisions requiring that such person or organization report on performance, account for proper use of funds provided under the contract (including the provision of audit rights pursuant to Section 19,AUDITING RECORDS, Section 20, ACCESS TO RECORDS, and Exhibit C, AUDIT REQUIREMENTS when applicable), coordinate with other components of state and local economic development systems, and avoid duplication of existing state and local services and activities. d. Any and all contracts that the RECIPIENT executes with a person or organization shall include provisions whereby the RECIPIENT and the subcontractors expressly agree to abide by all local, state,and federal laws. e. The RECIPIENT will provide the DEPARTMENT with a list and copies of all material subcontracts, which means those entered into necessary to the performance of the RECIPIENT's functions and duties related to its core mission, issued in conjunction with the projects undertaken and funds expended in the performance of this Agreement. The RECIPIENT need not provide, unless specifically requested by the DEPARTMENT, non-material contracts entered into for the normal operation of the RECIPIENT. 14. INDEPENDENT CAPACITY OF CONTRACTOR: a. The Parties agree that the RECIPIENT, its officers, agents, and employees, in performance of this Agreement, shall act in the capacity of an independent contractor. The RECIPIENT agrees to take such steps as may be necessary to ensure that each subcontractor of the RECIPIENT «-ill be deemed to be an independent contractor and -,•ill not be considered or permitted to be an agent of the State of Florida. Page 5 of 21 273 (W b. The RECIPIENT shall not pledge the State of Florida's nor the DEPARTMENT's credit nor make the State of Florida or the DEPARTMENT a guarantor of payment or surety for any contract, debt, obligation,judgment lien, or any form of indebtedness. 15. LIABILITY: The DEPARTMENT shall not assume any liability for the acts, omissions to act, or negligence of the RECIPIENT, its agents, servants, or employees. In all instances, the RECIPIENT shall be responsible for any injury or property damage resulting from any activities conducted by the RECIPIENT. 16. INDEMNIFICATION: (NOTE: If Recipient is a state agency or subdivision, as defined in subsection 768.28(2), F.S., pursuant to subsection 768.28(19), F.S., neither Party indemnifies or insures the other Party for the other Party's negligence. The RECIPIENT, shall indemnify and hold the DEPARTMENT harmless to the extent permitted by section 768.28, F.S., from and against any and all claims or demands for damages resulting from personal injury, and damage to real or personal tangible property. Without exception, the RECIPIENT will indemnify and hold harmless the State of Florida and its employees and agents from liability of any nature or kind, including costs and expenses for or on account of any copyrighted, patented, or unpatented invention, process, or article manufactured by the RECIPIENT. 17. NON-EXCLUSIVE RELATIONSHIP: The relationship between the Parties is a non-exclusive one which allows the RECIPIENT to engage in other activities, provided that all of the terms and conditions under this Agreement are strictly observed,including the avoidance of conflicts of interests. 18. RESPONSIBILITIES OF GOVERNING BOARD OR AUTHORITIES: The Parties agree that any information,including updates, reports, publications, studies, and any and all reasonably requested information, that is required by federal, state or local law shall be approved by those persons having the authority to do so prior to submission, and shall be signed only by those persons having the legal authority to do so or appropriately ratified by such an authority. 19. AUDITING RECORDS: a. The RECIPIENT shall retain and maintain all records and make such records available for an audit as may be requested. Records shall include independent auditor working papers, books, documents, and other evidence, including, but not limited to, vouchers, bills, invoices, requests for payment, and other supporting documentation, which, according to generally accepted accounting principles, procedures and practices, sufficient1v and properly reflect all program costs expended in the performance of this :-agreement. The records shall be subject at all times to inspection, review, or audit by state personnel of the Office of the _auditor General, Chief Financial Officer, Office of the Chief Inspector General, or other personnel authorized by the DEPARTMENT and copies of the records shall be delivered to the DEPARTMENT upon request. Page 6 of 21 274 b. The RECIPIENT agrees to comply with the audit requirements of Section 215.97, Florida Statutes, and those found in Exhibit C,Audit Requirements. This provision is applicable because the RECIPIENT qualifies as a non-state entity as defined in Section 215.97(2)(m), Florida Statutes. c. The RECIPIENT shall include the audit and record keeping requirements described above and in Exhibit C in all subcontracts and assignments with sub-recipients of State funds according to Section 215.97, Florida Statutes. For purposes of this Agreement, "subrecipient" shall be defined in accordance with Section 215.97(2)(x),Florida Statutes. d. The RECIPIENT shall maintain financial records related to funds paid by the RECIPIENT to any parties for work on the matters that are the subject of this Agreement as required by law. The RECIPIENT shall submit a written independent audit report to the DEPARTMENT specifically covering the period of Agreement expenditures pursuant to Sections 215.97 and 11.45, Florida Statutes, and other relevant laws. e. The RECIPIENT must provide copies of any audit referencing this Agreement, the audit transmittal letter, and any response to such audit to the DEPARTMENT within thirty (30) days of receipt by the RECIPIENT. f Expenditures of state funds in accordance with this Agreement shall be in compliance with all laws, rules and regulations applicable to expenditures of state funds that are in effect at the time of any such expenditure, including, but not limited to, the Reference Guide for State Expenditures found at http://ww\v.fldfs.com/aadir/reference-guide/reference-guwde.htm. g. The DEPARTMENT may be charged only with allowable costs resulting from obligations incurred during the term of the Agreement. Any balance of unobligated cash that has been advanced or paid that is not authorized to be retained for direct program costs in a subsequent period must be refunded to the state. h. The RECIPIENT shall inform the DEPARTMENT of the type of FINAL AUDIT REPORT that will be delivered at the end of the Agreement. Acceptable audits include: 1. Within forty-five (45) days following the completion of all of the Activities the RECIPIENT shall cause to be prepared at the RECIPIENT's expense and delivered to the DEPARTMENT a final audit report of an independent certified public accountant (or a firm thereof) licensed to practice in the State of Florida,stating the professional opinion that the RECIPIENT has complied with this Agreement (the Final Audit Report). 2. In lieu of providing the Final Audit Report in such manner,if the RECIPIENT has an annual audit by an independent certified public accountant (or a firm thereof) licensed to practice in the State of Florida,or if the RECIPIENT has a state single audit or state Project- specific audit pursuant to Section 215.97, Florida Statutes (the Florida Single :audit Act), prepared for the fiscal year in which this Agreement concludes, the RECIPIENT mail provide to the DEPARTMENT at the time when such audit is completed (but not more than nine (9) months follo%ving the end of the fiscal year of the RECIPIENT a report stating (W a professional opiiuon that the RECIPIENT has complied with this Agreement. Page 7 of 21 275 (W 20. ACCESS TO RECORDS: a. The DEPARTMENT may perform on-site reviews to independently validate any information or reports submitted to the DEPARTMENT. The RECIPIENT shall allow the DEPARTMENT's Agreement Manager and other DEPARTMENT-authorized personnel access to any information and any other documents requested by the DEPARTMENT for purposes of monitoring the RECIPIENT's performance. b. The RECIPIENT shall, subject to the provisions of Chapter 119, Florida Statutes, and other relevant laws, permit public access to all documents or other materials prepared, developed or received by it in connection with the performance of its obligations or the exercise of its rights under this Agreement. This Agreement may be terminated by the DEPARTMENT if the RECIPIENT fails to allow such public access. 21. GOVERNING LAW: This Agreement is executed and entered into in the State of Florida, and shall be construed, performed, and enforced in all respects in accordance with the laws and rules of the State of Florida. Any litigation arising under this Agreement shall be brought in the appropriate court in Leon County,Florida, applying Florida Law. 22. STRICT COMPLIANCE: The RECIPIENT agrees that all acts to be performed by it in connection with this Agreement must be performed in strict conformity with all local, state and federal laws and regulations. 23. BREACHES AND REMEDIES: a. In the event that the RECIPIENT fails to comply with any of the terms of this Agreement, the DEPARTMENT may exercise any remedies available at lav or in equity, including, without limitation the right to (i)withhold and/or reduce funding to the RECIPIENT, and (ii) terminate this Agreement in accordance with the terms hereof. b. In the event that the Department determines that a material default by Recipient of the performance of a duty, obligation, covenant, or agreement imposed on it or made by it in this Agreement or by law has occurred, the Department will provide notice and an opportunity to cure. Unless the notice states otherwise,based upon the Department's determination that the default must be cured immediately, the notice shall provide fifteen (15) calendar days following the date of notice within which to initiate action to correct the default and thirty (30) calendar days following the date of notice of default to either cure the default or demonstrate to the Department's satisfaction that corrective action is being taken that will likely result in curing the default within a period of time that the Department agrees is reasonable. In the event that the Recipient fails to cure the default within the timeframe established above, the Department may exercise any remedy available to it under the law or in equity, including, without limitation the right to terminate tlus Agreement immediately upon notice to the Recipient. Page 8 of 21 276 (W e. Subject to compensation due the RECIPIENT for any work satisfactorily completed prior to any notice of termination, following the termination of this Agreement, all funds which as of that date were previously provided by the DEPARTMENT and not expended by the RECIPIENT shall revert to the State of Florida General Revenue Fund. The requirement for the return of and method of repayment of any remaining funds shall be at the sole discretion of the DEPARTMENT. 24. DISPUTE RESOLUTION: The Parties agree they will seek to resolve any disputes between them regarding their responsibilities as soon as possible and at the lowest level reasonable, in order to conserve the resources of the Parties. The Parties further agree to use their best efforts to assure speedy and non-confrontational resolution of any and all disputes between them. If informal efforts are unsuccessful, the Parties agree to engage a mutually accepted volunteer mediator to assist them in resolving any outstanding issues. If, within a reasonable time after engaging a mutually accepted volunteer mediator, the Parties are unable to resolve any outstanding issues, the Parties agree that formal resolution, including but not limited to any remedies available at law or in equity may be sought. This paraZD graph shaLl not be construed as a Limitation on paragraph 16,INDEMNTIFICATION. 25. SEVERABILITY: If any term or provision of this Agreement is found to be illegal, invalid, or unenforceable, then such term or provision shall be severed from this Agreement. This Agreement and the rights and obligations of the Parties shall be construed as if this Agreement did not contain such severed term or provision,and this Agreement otherwise shall remain in full force and effect. 26. PRESERVATION OF REMEDIES: No delay or omission to exercise any right, power, or remedy accruing to either Party upon breach or default under this Agreement will impair any such right,power, or remedy of either Party, nor will such delay or omission be construed as a waiver of any such breach or default or any similar breach or default. 27. DISCRIMINATORY VENDOR: The RECIPIENT affirms that it is aware of the provisions of Section 287.134(2)(a), Florida Statutes, and that at no time has the RECIPIENT been placed on the Discriminatory Vendor List. The RECIPIENT further agrees that it shall not violate such lav during the term of this Agreement. The RECIPIENT shall insert a provision in accordance with this Section, in all subcontracts for services in relation to this Agreement. 28. NON-DISCRIMINATION: The RECIPIENT shall not discriminate against any employee employed in the performance of this :Agreement, or against any applicant for enlployinent because of age, race, set, creed, color, handicap, national origin, or marital status 29. HARASSMENT-FREE WORKPLACE: Pap-e 9 of 21 277 The RECIPIENT shall provide a harassment-free workplace, with any allegation of harassment given priority attention and action by management. The RECIPIENT shall insert a provision in accordance with this Section,in all subcontracts for services in relation to this Agreement. 30. PUBLIC ENTITY CRIMES: The RECIPIENT affirms that it is aware of the provisions of Section 287.133(2)(a), Florida Statutes, and that at no time has the RECIPIENT been convicted of a Public Entity Crime. The RECIPIENT agrees that it shall not violate such law and further acknowledges and agrees that any conviction during the term of this Agreement may result in the termination of this Agreement in accordance with Section 287.133(4). The RECIPIENT shall insert a provision in accordance with this Paragraph in all subcontracts for services in relation to this Agreement. 31. UNAUTHORIZED ALIENS The DEPARTMENT will consider the knowing employment of unauthorized aliens, as described in Section 274A(e) of the Immigration and Nationality Act,. by any RECIPIENT,cause for termination of this Agreement. Paragraph 23.b. does not apply regarding the employment of unauthorized aliens. The RECIPIENT shall insert a provision in accordance with this Section in all subcontracts for services in relation to this Agreement 32. LOBBYING: a. The RECIPIENT shall not use any funds received pursuant to this Agreement for lobbying the Florida Legislature, the judicial branch, or any state agency. Pursuant to section 11.062, Florida Statutes, the RECIPIENT shall insert a provision in accordance with this Section in all subcontracts for services in relation to this Agreement. b. The RECIPIENT will keep the DEPARTMENT apprised on a current basis regarding requests for testimony or its participation in Congressional, Legislative, and/or other state or federal hearings, agency meetings, committees, task forces, etc. The RECIPIENT will include reports of its participation in such events in the quarterly reports described in Exhibit A. 33. ATTORNEY FEES: Unless authorized by law and agreed to in writing by the DEPARTMENT, the DEPARTMENT shall not be liable to pay attorney fees,interest, or costs. 34. NON-ASSIGNMENT: a. Except as otherwise provided in this Agreement, the RECIPIENT may not assign, delegate, nor otherwise transfer its rights, duties, or obligations under this Agreement without the prior written consent of the DEPARTMENT, which consent «gill not be unreasonably withheld. .�llv assignment, delegation, or transfer in violation of this paragraph is void ab iiutio. The RECIPIF N"I' hereby agrees that it shall remain responsible for all work performed and all expenses incurred in connection with this Agreement, regardless of any and all assignment, delegation, or transfer. Page 10 of 21 278 b. The DEPARTMENT shall at all times be entitled to assign or transfer its rights, duties, or obligations under this Agreement to another governmental agency in the State of Florida, upon giving prior written notice to the RECIPIENT. 35. ENTIRE AGREEMENT: This Agreement and the attached Exhibits A, B, and C, constitute a complete and exclusive statement of the terms and conditions of the Agreement and supersede and replace any and all prior negotiations, understandings and agreements, whether oral or written, between the Parties with respect thereto. Except as expressly provided in this Agreement, no term, condition, usage of trade, course of dealing or performance, understanding or agreement purporting to modify, vary, explain or supplement the provisions of this Agreement shall be effective or binding upon the Parties unless agreed to in writing by the party against whom enforcement is sought. Remainder of page intentionally left blank. Pa(ye 1 1 of 21 279 (W IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their undersigned officials as duly authorized. THE DEPARTMENT: DEPARTMENT OF ECONOMIC OPPORTUNITY WILLIAI4 B. KILLINGSWORTH Director,Division of Community Development DATE: \XTI N)rSS Approved as to Form and Legal Sufficiency, Subject Only to Full and Proper Execution by the Parties (w OFFICE OF GENERAL COUNSEL DEPARTMENT OF ECONOMIC OPPORTUNITY Bv: THE RECIPIENT: INDIAN RIVER COUNTY Joseph E. Flescher Print/Type Name Board of County Comm. Chairman 'rifle. 1).111-:: August 20, 2013 \XTFXF:1 1'a 280 Exhibit A Scope of Work Gifford Neighborhood 45`h Street Streetscape Design Plans Gifford is a predominantly African-American neighborhood with a 2010 population of 5,875. Historically, the Gifford community has struggled with substandard housing, high unemployment, a high poverty level, infrastructure deficiencies, a negative community image, and a lack of economic development. To address these problems and other issues, the RECIPIENT, in conjunction with Gifford organizations, community leaders, business owners, and residents, developed the Gifford Neighborhood Plan. That plan, adopted by the Indian River County Board of County Commissioners (BCC) in 2002, identified neighborhood problems, opportunities, goals and objectives, and established results-oriented actions to achieve the plan's identified objectives. One of the main issues identified in the plan was the need to improve Martin Luther King Boulevard (45`h Street). That roadway is the Gifford community's "main street," and east-west collector road corridor that traverses the heart of Gifford and provides access to a range of institutional, commercial and residential uses. As structured, the Gifford Neighborhood Plan contains an innovative planning proposal for streetscape improvements along 45" Street to improve Gifford's aesthetics and community image, and to promote economic development. Although the county has set aside $200,000 in funds for the 45`h Street streetscape improvements, those funds have not been expended to date because of the lack of community-based design plans for the improvements. This project involves community engagement and urban design work for a streetscape improvement project along 45`' Street in the unincorporated community, of Gifford in Indian River County. Gifford community residents and other stakeholders will be engaged in the project through public meetings and outreach activities. Based on input received through that process, the RECIPIENT, working with a consultant, will develop bid-ready design plans for a streetscape improvement project along a segment of 45`h Street in Gifford. Tasks 1. Using county survey information, document existing right-of-way and adjacent property conditions along 45`h Street from 43`d Avenue to US 1. Deliverable: Map documenting existing right-of-way and adjacent property conditions along 45`h Street from 43`d Avenue to US 1 (due November 1, 2013) 2. Conceptual Design Plan a. Conduct meeting witfl county staff and coinmututy leaders to identify potential constraints, opportunities and options for streetscape improvements. Based on physical condition information and community, input, project limits for the streetscape improvement project will be established. Paoe 13 of 21 281 b. Meet with community residents, community organizations and 45`, Street property owners to identify community preferences for streetscape improvements. c. Prepare a conceptual design plan. The plan will be, principally, a graphics-based document, depicting Martin Luther King Boulevard (45`' Street) in the Gifford neighborhood with conceptual renderings showing the street redesigned to better facilitate the neighborhood's economic development and aesthetic objectives. The Conceptual Design Plan will include illustrations of the street segment as reconceptualized. Illustrations will be in axial view, section view, and where possible, perspective views from specific strategic points/positions. Detailed example illustrations of conceptual landscaping, street furnishings, and transportation facility improvements may also be included. Deliverable: Conceptual Design Plan (due January 6, 2014) 3. Modified Design Plan The Conceptual Design Plan will be reviewed by county staff and community leaders. Based on comments received, the RECIPIENT will prepare a Modified Design Plan to be used in developing bid-ready documents for the streetscape design project. Deliverable: Modified Design Plan (due April 1,2014) 4. Streetscape Design Documents (W Using the Modified Design Plan, the RECIPIENT will prepare final bid-ready documents for the County's 45'" Street Improvements Project. Deliverable: Final bid-ready streetscape design documents (due June 1, 2014) Pa<ue 14 of 21 282 (W Exhibit B Payment Plan Payments shall be made in accordance with the Scope of Work (Exhibit A), based on acceptance and approval of deliverables by the Department of Economic Opportunity according to the schedule below. No partial or pro-rated payments will be made without prior written modification in accordance with Section 5 of this Agreement. Deliverable Due Date Payment of Deliverable Amount FTaskl: p documenting existing right-of-way and adjacentditions along 45`h Street from 43d Avenue to US November 1,2013 $6,000 1 Task 2: Conce tual Desi Plan anus 6,2014 $6,000 Task 3: Modified Desi Plan Aril 1,2014 $6,000 Task 4: Final bid-ready streetsca e design documentsJune 1,2014 $7,000 TOTAL $25,000 Page 15 of 21 283 133, as revised. EXHIBIT 1 to this agreement indicates reaerai resaurccs awaiucu LLI�� r,- DEC) by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from DEO. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133,as revised,will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133,as revised. 2. If the recipient expends less than $300,000 ($500,000 for fiscal years ending after December 31, 2003) in Federal aNvards in its fiscal year, an audit conducted in accordance %vIth the provisions of 0I\113 Circular _1-133, as revised, is not required. In the event that the recipient expends less than $300,000 ($500,000 for fiscal years ending after December 31, "-,N , r--'- -' :._ :_. r..__J ....... ,.._a ,,. .. — t.,.._., __ -A;. ,-11..,7..,- A _--A--_ (W INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator D TMENT HEAD CONCURRENCE Robert M. Keating, A P; Com mty Development Director FROM: Sasan Rohani, AICP Chief, Long-Range Planning DATE: July 9, 2012 SUBJECT Request for the Board of County Commissioners to Approve a Technical Assistance Grant Agreement between the Department of Economic Opportunity (W (DEO) and Indian River County It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting of July 16, 2013. BACKGROUND On May 31, 2013, the Community Development Department submitted a Community Planning Technical Assistance grant letter of request to the Florida Department of Economic Opportunity (DEO) for implementation of several actions of the Gifford Neighborhood Plan. Subsequently, the Department of Economic Opportunity (DEO) approved the county's $25,000.00 Technical Assistance Grant and provided the county with a funding and program agreement. To obtain the approved grant funding, the Board of County Commissioners must now formally accept the grant and authorize the chairman to execute the attached agreement with DEO. DESCRIPTION AND CONDITIONS In 2002, the Board of County Commissioners adopted the Gifford Neighborhood Plan. One of the initiatives in that plan is to make streetscape improvements to Martin Luther King Boulevard (45`x' Street). That roadway is the Gifford community's"main street",an east-west collec _ r road corridor that traverses the heart of Gifford and..atpvides aece ,pr, ne of institutional, cnmercial, and (AW residential uses. A'i1ACHWNT 290 (W For a number of years, the county has set aside $200,000 in funds for 45`h Street streetscape improvements. Those funds have not been expended to date, because there have been no design plans for the improvements. ANALYSIS With the $25,000.00 in Community Planning Technical Assistance Grant funding, the County proposes to contract with an urban design consultant to engage the Gifford community and develop a specific community-based design plan for the 45`h Street corridor streetscape improvements. A scope of work and a description of the project deliverables are attached to the agreement. In"this case,the Community Planning Technical Assistance Grant funding will provide Indian River County the financing necessary to prepare a much needed community-based design plan for 45`h Street streetscape improvements. Those improvements will create a positive community image and expand economic development opportunities in the Gifford community. FUNDING All costs associated with this project will be funded through the grant. There is no required local match. CONCLUSION The proposed grant project will provide funding to develop a streetscape design plan for Martin Luther King Boulevard. As such, the grant will assist the county in implementing the Gifford Neighborhood Plan. RECOMMENDATION Based on the analysis, staff recommends that the Board of County Commissioners approve the attached the Technical Assistance Grant Agreement between the Department of Economic Opportunity(DEO) and Indian River County and authorize the chairman to sign two copies of the agreement. ATTACHMENTS: 1. Technical Assistance Grant Agreement between the Department of Economic Opportunity (DEO) and Indian River County. 2. Grant Form 291 ............................___.. Approved Agenda Item: Indian Approve Date Admin. For: 7��l a l� �o/ Legal + r ' B Budget 7 !� Dept. Risk Mgr. FACommunity DevelopmentlGifford PIan12013 DEO TA grant for 45th streeABCC item for DEO TA Grant.doo 292. L01 FUNDING AND PROGRAM AGREEMENT BETWEEN THE DEPARTMENT OF ECONOMIC OPPORTUNITY AND INDIAN RIVER COUNTY THIS FUNDING AND PROGRAM AGREEMENT ("Agreement"), by and between the DEPARTMENT OF ECONOMIC OPPORTUNITY (herein after referred to as the "DEPARTMENT") located at 107 East Madison Street, Tallahassee, Florida 32399-4120, and Indian River County (herein after referred to as the `RECIPIENT"), located at _ 1801 27" Street, Vero Beach, FL 32960, is made and entered into as of the date last signed below (the "Effective Date"). The DEPARTMENT and the RECIPIENT are sometimes hereinafter referred to as a "Party" and collectively as the "Parties." RECITALS WHEREAS, the 2013 Legislature appropriated recurring funds (the "Funds") from the Grants and Donations Trust Fund for the purpose of providing technical assistance to local governments for implementation of growth management planning efforts; and WHEREAS, the RECIPIENT acknowledges that this is a performance based funding program and represents that it possesses the requisite skills, knowledge, qualifications and experience to (W perform the tasks described herein; and WHEREAS, the DEPARTMENT and the RECIPIENT desire to enter into this Agreement with regard to the unplementation of the funding and programs described herein; NOW, THEREFORE, in consideration of the promises and mutual agreements contained herein, the Parties agree as follows: 1. PARTIES: The Parties and their respective addresses for purposes of this Agreement are as follows: For the DEPARTI�-IENT: Department of Economic Opportunity Division of Community Development 107 East Madison Street, AMC 160 "Tallahassee, Florida 32399-4120 Telephone Number (850) 717-8475 Facsinde Number (850) 717-8522 'AITAOWAFNT 1 293 For the RECIPIENT: Robert M, Keating AICP Community Development Director 1801 27`h Street Vero Beach FL 32960 Phone: 772-226-1254 Fax: 772-978-1806 Email: bkeating@ircgov.com 2. AGREEMENT MANAGERS: The Parties each hereby appoint an Agreement Manager to facilitate the terms of this Agreement. All written approvals referenced in this Agreement must be obtained from the Parties'Agreement Managers or their designees. The DEPARTMENT Agreement Manager is Beth Frost and may be reached at telephone number (8S0) 717-8487. The RECIPIENT Agreement Manager is Robert M. Keating and may be reached at telephone number 772-226-1254 . Either Party may change its Agreement Manager at any time by written notice to the other. 3. TERM: Thus Agreement will commence as of the date last signed below (the "Effective Date") and, unless earlier terminated pursuant to the terms hereof, will expire on June 30, 2014. The RECIPIENT acknowledges this Agreement is subject to the availability of fiends, legislative appropriations, statutory changes, and further conditioned upon its satisfactory performance of all duties and obligations hereunder, as determined by the DEPARTMENT. 4. NOTICES: a. All notices provided under or pursuant to this Agreement shall be in writing delivered to the Agreement Manager identified in paragraph 2 of this Agreement. Any such notice, demand, request, or other communication shall be effective only if and when it is received by the Agreement Ivianager. , b. If the RECIPIENT is unable to perform any service or is unable to make use of any funds awarded for a service provided for under this Agreement, the RECIPIENT shall share this information with the DEPARTMENT within five (5) working days of the RECIPIENT's discovery of the shortfall. 5. AMENDMENT AND MODIFICATION: a. This Agreement may not be altered, modified, amended, or changed in any manner, except pursuant to a written agreement executed and delivered by each of the Parties. Additionally, any such modification, amendment or change shall be effective on the date of delivery or such later date as the Parties may agree thereui. b. Modification of this Agreement or any notices pernutted or required under this Agreement may be made by facsimile or other electronic transmission. Receipt of the facsimile transmission 2 294 LV shall for the purposes of this Agreement be deemed to be an original,including signatures. 6. EXHIBITS: Attached to and made a part of this Agreement are the following Exhibits; each of which is incorporated into and is an integral part of this Agreement: Exhibit A Scope of Work Exhibit B Payment Plan Exhibit C Audit Requirements 7. DUTIES AND OBLIGATIONS: a. The RECIPIENT shall develop and implement programs and strategies, including but not limited to, those services, programs, and activities more particularly described in Exhibit A, Scope of tVoik. b. The RECIPIENT shall avoid duplication of existing state and local services and activities and make a diligent effort to coordinate with other components of state and local economic development initiatives in connection with the development and implementation of the services, programs, and activities under this Agreement. e. Advertisements or other promotional materials funded by this :Agreement will include (W reference and credit to the DEPARTMENT. 8. PAYMENT: a. Payments under this Agreement will be made to the RECIPIENT 111 accordance with applicable Florida laws and the General Appropriations Act for Fiscal Year 2013/14. The RECIPIENT acknowledges and agrees that only costs incurred on or after the Effective Date are eligible for payment under the funding of this Agreement. The RECIPIENT acknowledges that all funding under this Agreement shall be expended pursuant to this Agreement. Funding shall be distributed pursuant to the schedule shown in Exhibit B, Payment Plan. All payments shall be subject to the terms of this Agreement, including the Exhibits and the terms governing sanctions. b. Payments may be made to the RECIPIENT upon receipt and approval by the DEPARTMENT of: (1) an original invoice; (2) deliverables as described in Exhibit A, Scope of Vork; (3) any additional documents required by this Agreement to have been submitted. 9. REPORTS: a. The RECIPIENT shall submit to the DEPARTMENT all reports and information, requited in Exhibit A, Scope of Work. The documents, reports, and services called for in Exhibit A, Scope a/' Vork, and other documents or information required by this Agreement must be received and accepted by the DEPARTMENT before payments to the RECIPIENT shall be due or payable. (W b. The DEPARTMENT expressly reserves the right to withhold payment to the RECIPIENT until the documents, reports, and services required under this Agreement and by law are complete and acceptable to the DEPARTMENT. If this Agreement is extended or renewed beyond the 3 295 original Agreement period, additional documents, reports, and services in accordance with the requirements of Exhibit A, Scope of Work, and other documents requested by the DEPARTMENT to cover the extended Agreement period shall be submitted by the RECIPIENT. 10. AVAILABILITY OF FUNDS: The DEPARTMENT's performance and obligation to pay under this Agreement is contingent upon an appropriation by the Legislature of the State of Florida for the specific purpose of funding the DEPARTMENT's obligations under this Agreement. In the event of a state revenue shortfall, the total funding may be reduced accordingly. The DEPARTMENT, in accordance with direction from the Governor and Legislature, shall be the final determiner of the availability of any funds. 11. BUDGET: Upon Agreement execution, the RECIPIENT shall submit to the DEPARTMENT for review, a line item budget for the project described in Exhibit A, Scope of Wlork, specifying the intended uses of the State's operating investment. 12. WOMEN AND MINORITY VENDORS: The RECIPIENT is encouraged to use small businesses, including minority and women-owned businesses as subcontractors or sub-vendors under this Agreement. The directory of certified minority and women-owned businesses can be accessed from the website of the Department of 1\Ianagernent Senices, Office of Supplier Diversity. The RECIPIENT shall report on a quarterly basis its expenditures with minority and women-owned businesses. The report shall contain the names and addresses of the minority and women-owned businesses; the aggregate dollar figure disbursed that quarter for each business; the time period; type of goods or services; and the applicable code. If no expenditures were made to minority or women-owned businesses, The RECIPIENT shall submit a statement to this effect. 13. SUBCONTRACTS: a. The RECIPIENT shall be responsible for all work performed and all expenses incurred in connection with the development and implementation of the services, programs, and activities under this Agreement. b. The RECIPIENT may, as appropriate and in compliance with applicable law, subcontract the performance of the services set forth in this Agreement, including entering into subcontracts with vendors for senTices and commodities,provided, howeUer, that the RECIPIENT shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. The RECIPIENT shall not enter into subcontracts in which the DFPARTNIENT could be held liable to a subcontractor for any expenses or liabilities, THE RECIPIENT shall defend and hold the DEPARThIENT harmless of any liabilities incurred under any of the subcontracts entered into by the RECIPIENT. The RECIPIENT shall be liable for all work performed and all expenses (W incurred as a result of any subcontract. e. Any and all contracts that the RECIPIENT executes with a person or organization under 4 296 LW which such person or organization agrees to perform economic development services or similar business assistance services on behalf of the RECIPIENT shall include provisions requiring that such person or organization report on performance, account for proper use of funds provided under the contract (including the provision of audit rights pursuant to Section 19, AUDITING RECORDS, Section 20, ACCESS TO RECORDS, and Exhibit C, AUDIT REQUIREMENTS when applicable), coordinate with other components of state and local economic development systems,and avoid duplication of existing state and local services and activities. d. Any and all contracts that the RECIPIENT executes with a person or organization_shall include provisions whereby the RECIPIENT and the subcontractors expressly agree to abide by all local, state, and federal laws. e. The RECIPIENT will provide the DEPARTMENT with a list and copies of all material subcontracts, which means those entered into necessary to the performance of the RECIPIENT's functions and duties related to its core mission, issued in conjunction with the projects undertaken and funds expended in the performance of this Agreement. The RECIPIENT need not provide, unless specifically requested by the DEPARTMENT, non- material contracts entered into for the normal operation of the RECIPIENT. 14. INDEPENDENT CAPACITY OF CONTRACTOR: a. The Parties agree that the RECIPIENT, its officers, agents, and employees, in performance of this agreement, shall act un the capacity of an independent contractor. The RECIPIENT agrees (W to take such steps as may be necessary to ensure that each subcontractor of the RECIPIENT will be deemed to be an independent contractor and will not be considered or permitted to be an agent of the State of Florida. b. The RECIPIENT shall not pledge the State of Florida's nor the DEPARTMENT's credit nor snake the State of Florida or the DEPARTMENT a guarantor of payment or surety for any contract, debt, obligation, judgment lien, or any form of indebtedness. 15. LIABILITY: The DEPARTMENT shall not assume any liability for the acts, omissions to act, or negligence of the RECIPIENT, its agents, servants, or employees. In all instances, the RECIPIENT shall be responsible for any injury or property damage resulting from any activities conducted by the RECIPIENT. 16. INDEMNIFICATION: The RECIPIENT, shall indemnify and hold the DEPARTMENT harmless to the fullest extent permitted by law, from and against any and all claims or demands for damages resulting from personal injuill, and damage to real or personal tangible property. Without exception, the RECIPIENT will indemnify and hold harmless the State of Florida and its employees and agents from liability of any nature or kind, including costs and expenses for or on account of any copyrighted, patented, or unpatented invention, process, or article manufactured by the (W RECIPIENT. 5 297 (W 17. NON-EXCLUSIVE RELATIONSHIP: The relationship between the Parties is a non-exclusive one which allows the RECIPIENT to engage in other activities, provided that all of the terms and conditions under this Agreement are strictly observed, including the avoidance of conflicts of interests. 18. RESPONSIBILITIES OF GOVERNING BOARD OR AUTHORITIES: The Parties agree that any information, including updates, reports, publications, studies, and any and all reasonably requested information, that is required by federal, state or local lav shall be approved by those persons having the authority to do so prior to submission, and shall be signed only by those persons having the legal authority to do so or appropriately ratified by such an authority. 19. AUDITING RECORDS: a. The RECIPIENT shall retain and maintain all records and make such records available for an audit as may be requested. Records shall include independent auditor working papers, books, documents, and other evidence, including, but not limited to, vouchers, bills, invoices, requests for payment, and other supporting documentation, which, according to generally accepted accounting principles, procedures and practices, sufficiently and properly reflect all program costs expended in the performance of this Agreement. The records shall be subject at all times to inspection, review, or audit by state personnel of the Office of the Auditor General, Chief Financial Officer, Office of the Chief Inspector General, or other personnel authorized by the DEPARTMENT and copies of the records shall be delivered to the DEPARTMENT upon request. b. The RECIPIENT agrees to comply with the audit requirements of Section 215.97, Florida Statutes, and those found un Exhibit C, Audit Requii-emenls. This provision is applicable because the RECIPIENT qualifies as a non-state entity as defined in Section 215.97(2)(m), Florida Statutes. c. The RECIPIENT shall include the audit and record keeping requirements described above and in Exhibit C in all subcontracts and assignments with sub-recipients of State funds according to Section 215.97, Florida Statutes. For purposes of this Agreement, "subrecipient" shall be defined in accordance with Section 215.97(2)(x), Florida Statutes. d. The RECIPIENT shall maintain financial records related to funds paid by the RECIPIENT to any parties for work on the matters that are the subject of this Agreement as required by lazy. The RECIPIENT shall submit a written independent audit report to the DEPARTMENT specifically covering the period of Agreement expenditures pursuant to Sections 215.97 and 11.45, Florida Statutes, and other relevant laws. e. The RECIPIENT must provide copies of any audit referencing this Agreement, the audit transmittal letter, and any response to such audit to the DEPARTMENT within thirty- (30) days of receipt by the RECIPIENT. f. Expenditures of state funds un accordance with this Agreement shall be in compliance with all laws, rules and regulations applicable to expenditures of state finds that are in effect at the time 6 298 (W of any such expenditure, including, but not limited to, the Reference Guide for State Expenditures found at http://wtvw.fldfs.com/aad-t/reference-guide/reference-guide.htm . g. The DEPARTMENT may be charged only with allowable costs resulting from obligations incurred during the tern of the Agreement. Any balance of unobligated cash that has been advanced or paid that is not authorized to be retained for direct program costs in a subsequent period must be refunded to the state. h. The RECIPIENT shall inform the DEPARTMENT of the type of FINAL AUDIT REPORT that will be delivered at the end of the Agreement. Acceptable audits include: 1. Within forty-five (45) days following the completion of all of the Activities the RECIPIENT shall cause to be prepared at the RECIPIENT's expense and delivered to the DEPARTMENT a final audit report of an independent certified public accountant (or a firm thereof) licensed to practice in the State of Florida, stating the professional opinion that the RECIPIENT has complied with this Agreement (the Final Audit Report). 2. In lieu of providing the Final Audit Report in such manner,if the RECIPIENT has an annual audit by an independent certified public accountant (or a firm thereon licensed to practice in the State of Florida, or if the RECIPIENT has a state single audit or state project-specific audit pursuant to Section 215.97, Florida Statutes (the Florida Single Audit Act), prepared for the fiscal year in which this Agreement concludes, the RECIPIENT may provide to the DEPARTMENT at the time when such audit is completed (but not more than 120 days following the end of the Fiscal year of the RECIPIENT a report stating a professional opinion that the RECIPIENT has complied with this Agreement. 20. ACCESS TO RECORDS: a. The DEPARTMENT may perform on-site reviews to independently validate any information or reports submitted to the DEPARTMENT. The RECIPIENT shall allow the DEPARTMENT's Agreement Manager and other DEPARTMENT-authorized personnel access to any information and any other documents requested by the DEPARTMENT for purposes of monitoring the RECIPIENT's performance. b. The RECIPIENT shall, subject to the provisions of Chapter 119, Florida Statutes, and other relevant laws, permit public access to all documents or other materials prepared, developed or received by it in connection with the performance of its obligations or the exercise of its rights under this Agreement. This Agreement may be terminated by the DEPARTMENT if the RECIPIENT fails to allow such public access. 21. GOVERNING LAW: This Agreement is executed and entered alto in the State of Florida, and shall be construed, performed, and enforced in all respects in accordance with the latus and rules of the State of Florida. Any litigation arising under this Agreement shall be brought in the appropriate court in Leon County, Florida, applying Florida Law. 7 299 22. STRICT COMPLIANCE: The RECIPIENT agrees that all acts to be performed by it in connection with this Agreement must be performed in strict conformity with all local, state and federal laws and regulations. 23. BREACHES AND REMEDIES: a. In the event that the RECIPIENT fails to comply with any of the terms of this Agreement, the DEPARTMENT may exercise any remedies available at law or in equity, including, without limitation the right to (i) withhold and/or reduce funding to the RECIPIENT, and (ii) terminate this Agreement in accordance with the terms hereof. b. In the event that the Department determines that a material default by Recipient of the performance of a duty, obligation, covenant, or agreement imposed on it or made by it in this Agreement or by lav has occurred, the Department will provide notice and an opportunto ity cure. Unless the notice states otherwise, based upon the Department's determination that the default must be cured immediately, the notice shall provide fifteen (15) calendar days following the date of notice within which to initiate action to correct the default and thirty (30) calendar days following the date of notice of default to either cure the default or demonstrate to the Department's satisfaction that corrective action is being taken that will likely result in curing the default within a period of time that the Department agrees is reasonable. In the event that the Recipient fails to cure the default within the timeframe established above, the Department may exercise anv remedy available to it under the law or in equine, including, without limitation the right to terminate this Agreement immediately upon notice to the Recipient. C. Subject to compensation due die RECIPIENT for any work satisfactorily completed prior to any notice of termination, following the termination of this agreement, all fiends which as of that date were previously provided by the DEPARTMENT and not expended by the RECIPIENT shall revert to the State of Florida General Revenue Fund. The requirement for the return of and method of repayment of any remaining funds shall be at the sole discretion of the DEPARTMENT. 24. DISPUTE RESOLUTION: The Parties agree they will seek to resolve any disputes between them regarding their responsibilities as soon as possible and at the lowest level reasonable, in order to conserve the resources of the Parties. The Parties further agree to use their best efforts to assure speedy and non-confrontational resolution of any and all disputes between them. If informal efforts are unsuccessful, the Parties agree to engage a mutually accepted volunteer mediator to assist them in resolving any outstanding issues. If, within a reasonable time after engaging a mutually accepted volunteer mediator, the Parties are unable to resolve any outstanding issues, the Parties agree that formal resolution, including but not limited to any remedies available at law or in equity may be sought. This paragraph shall not be construed as a limitation on paragraph 17, INDEMNIFICATION. (W 25. SEVERABILITY: If any term or provision of this :Agreement is found to be illegal, invalid, or unenforceable, then such term or provision shall be severed from this Agreement. This Agreement and the rights and 8 300 W obligations of the Parties shall be construed as if this Agreement did not contain such severed term or provision, and this Agreement otherwise shall remain in full force and effect. 26. PRESERVATION OF REMEDIES: No delay or omission to exercise any right, power, or remedy accruing to either Party upon breach or default under this Agreement will impair any such right, power, or remedy of either Party, nor will such delay or omission be construed as a waiver of any such breach or default or any similar breach or default. 27. DISCRIMINATORY VENDOR: The RECIPIENT affirms that it is aware of the provisions of Section 287.134(2)(2), Florida Statutes, and that at no time has the RECIPIENT been placed on the Discriminatory Vendor List. The RECIPIENT further agrees that it shall not violate such law during the term of this Agreement. The RECIPIENT shall insert a provision in accordance with this Section, in all subcontracts for services in relation to this Agreement. 28. NON-DISCRIMINATION: The RECIPIENT shall not discriminate against any employee employed in the performance of this Agreement, or against any applicant for employment because of age, race, sex, creed, color, handicap, national origin, or marital status. The RECIPIENT shall provide a harassment-free workplace, with any allegation of harassment given priority attention and action by management. The RECIPIENT shall insert a provision in accordance with this Section, in all subcontracts for services in relation to this Agreement. 29. HARASSMENT-FREE WORKPLACE: The RECIPIENT shall provide a harassment-free workplace, with any allegation of harassment given priority attention and action by management. The RECIPIENT shall insert a provision in accordance with this Section,in all subcontracts for services in relation to this Agreement. 30. PUBLIC ENTITY CRIMES: The RECIPIENT affirms that it is aware of the provisions of Section 287.133(2)(a), Florida Statutes, and that at no time has the RECIPIENT been convicted of a Public Entity Crime. The RECIPIENT agrees that it shall not violate such law and further acknowledges and agrees that any conviction during the term of this Agreement may result in the termination of this Agreement in accordance with Section 287.133(4). The RECIPIENT shall insert a provision in accordance with this Paragraph in all subcontracts for services in relation to this Agreement. 31. UNAUTHORIZED ALIENS The DEPART1\1EN T will consider the knowmi g employment of unauthorized aliens, as described (W in Section 274A(e) of the Immigration and Nationality Act,. by any RECIPIENT, cause for termination of this Agreement. Paragraph 23.b. does not apply regarding the employment of unauthorized aliens. The RECIPIENT shall insert a provision in accordance with this Section in all subcontracts for services in relation to this Agreement 9 301 (W 32. LOBBYING: a. The RECIPIENT shall not use any funds received pursuant to this Agreement for lobbying the Florida Legislature, the judicial branch, or any state agency. Pursuant to section 11.062, Florida Statutes, the RECIPIENT shall insert a provision in accordance with this Section in all subcontracts for services in relation to this Agreement. b. The RECIPIENT will keep the DEPARTMENT apprised on a current basis regarding requests for testimony or its participation in Congressional, Legislative, and/or other state or federal hearings, agency meetings, committees, task forces, etc. The RECIPIENT will include reports of its participation in such events in the quarterly reports described in Exhibit A. 33. ATTORNEY FEES: Unless authorized by lav and agreed to in writing by the DEPARTMENT, the DEPARTMENT shall not be Liable to pay attorney fees, interest, or costs. 34. NON-ASSIGNMENT: a. Except as otherwise provided in this Agreement, the RECIPIENT may not assign, delegate, nor otherwise transfer its rights, duties, or obligations under this Agreement without the prior written consent of the DEPARTMENT, which consent will not be unreasonably withheld. Any assignment, delegation, or transfer in violation of this paragraph is void ab initio. The RECIPIENT hereby agrees that it shall remain responsible for all work performed and all expenses uicurred in connection with this Agreement, regardless of any and all assignment, delegation, or transfer. b. The DEPARTI\IENT shall at all times be entitled to assign or transfer its. rights, duties, or obligations under this Agreement to another governmental agency in the State of Florida, upon giving prior written notice to the RECIPIENT. 35. ENTIRE AGREEMENT: This Agreement and the attached Exhibits A, B, and C, constitute a complete and exclusive statement of the terms and conditions of the Agreement and supersede and replace any and all prior negotiations, understandings and agreements, whether oral or written, between the Parties with respect thereto. Except as expressly provided in this Agreement, no term, condition, usage of trade, course of dealing or performance, understanding or agreement purporting to modify, vary, explain or supplement the provisions of this Agreement shall be effective or binding upon the Parties unless agreed to in writing by the party against whom enforcement is sought. Remainder of page intentionally left blank. (W 10 302 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their undersigned officials as duly authorized. THE DEPARTMENT: DEPARTMENT OF ECONOMIC OPPORTUNITY WILLIAM B. KILLINGSWORTH Director, Division of Community Development DATE: WITNESS Approved as to Form and Legal Sufficiency, Subject Only to Full and Proper Execution by the Parties OFFICE OF GENERAL COUNSEL DEPARTMENT OF ECONOMIC OPPORTUNITY By: THE RECIPIENT: Joseph E. Flescher Print/Type Name Board of County Commissioners Chairman Title APPROVED AS TO FO DATE: AN L F y _. WITNESS WILLIAM K.DEBRAAL (w DEPUTY COUNT' ATTORNEY Exhibit A ll 303 (W Exhibit A SCOPE OF WORK Gifford Neighborhood 45`h Street Streetseape Design Plans Indian River County, Florida Gifford is a predominantly African-American neighborhood with a 2010 population of 5,875. Historically, the Gifford community has struggled with substandard housing, high unemployment, a high poverty level, infrastructure deficiencies, a negative community image, and a lack of economic development. To address those problems and other issues, the County, in conjunction with Gifford organizations, communityleaders, business owners, and residents, developed the Gifford Neighborhood Plan. That plan, adopted by the Indian River County Board of County Commissioners (BCC) in 2002, identified neighborhood problems, opportunities, goals and objectives, and established results-oriented actions to achieve the plan's identified objectives. One of the main issues identified in the plan was the need to improve Martin Luther King Boulevard (45`h Street). That roadway is the Gifford community's "main street", an east-west collector road corridor that traverses the heart of Gifford and provides access to a range of institutional, commercial, and residential uses. As structured, the Gifford Neighborhood Plan (W contains an innovative planning proposal for streetscape improvements along 45`' Street to improve Gifford's aesthetics and community image, and to promote economic development. Although the county has set aside $200,000 in funds for 45`h Street streetscape improvements, those funds have not been expended to date because of the lack of community-based design plans for the improvements. This project involves community engagement and urban design work for a streetscape improvement project along 45 1h Street in the unincorporated community of Gifford in Indian River County, Florida. Working with county staff, the consultant will engage Gifford Community residents and other stakeholders through public meetings and outreach activities. Based on input received through that process, the consultant will develop bid ready design plans for a streetscape improvement project along a segment of 45`h Street in Gifford. • Tasks The following tasks are to be completed by county staff. 1. Initiate procurement process to obtain the services of an urban design consultant 2. Complete the procurement process and execute a contract with the selected urban design consultant The following tasks are to be completed by the urban design consultant in coordination with county staff. 1. Using county survey information, consultant will document existing right-of-way and adjacent property conditions along 45`h Street from 43`d Avenue to US 1. 12 304 2. Consultant will meet with county staff and community leaders to identify potential constraints, opportunities, and options for streetscape improvements. Based on physical condition information and community input, the consultant and county staff will establish the project limits for the streetscape improvement project. 3. Consultant will meet with community residents, community organizations, and 45`h Street property owners to identify community preferences for streetscape improvements. 4. Consultant will prepare an conceptual design plan, submit the plan for county staff review, and modify the plan based on staff comments. 5. Consultant will present the modified design plan for street improvements at a community meeting. 6. Consultant will prepare the streetscape design documents based on community meeting input and staff/community leaders' comments regarding the modified design plan. 7. Consultant will deliver bid-ready streetscape improvement project design documents (W to county. • Deliverables 1) Map documenting existing right-of-way and adjacent property conditions along 45`h Street from 43rd Avenue to U.S. 1 2) Conceptual design plan 3) Modified design plan 4) Final bid-ready streetscape design documents for the County's $200,000.00 funded 45`'street improvements project. • Project Cost 1) $25,000 (W 1; 305 Exhibit B Payment Plan Deliverable Due te Payment of Deerable Amount Map documenting existing right-of- 11/1/:2013 $6,000.00 way and adjacent property conditions along 45`h Street from 43`d Avenue to U.S. 1 Conceptual Design Plan 1/6/2014 $6,000.00 Modified Design Plan 4/1/2014 $6,000.00 Final bid-ready streetscape design 6/1/2014 $7,000.00 documents for the County's $200,000.00 funded 45`h street improvements project. Total(W $25,000.00 14 306 LW Exhibit C Audit Requirements The administration of resources awarded by the DEPARTMENT to the RECIPIENT may be subject to audits and/or monitoring by the DEPARTMENT as described in this exhibit. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by DEPARTMENT staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the DEPARTMENT. In the event the DEPARTMENT determines that a limited scope audit of the recipient is appropriate, the.recipient agrees to comply with any additional instructions provided by the DEPARTMENT staff to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OI\IB Circular A-133, as revised. (W 1. In the event that the recipient expends $500,000 or more in Federal awards an its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OI\IB Circular A-133, as revised. Exhibit 1 to tlus Agreement indicates Federal resources awarded through the DEPARTMENT by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the DEPARTMENT. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part 1, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 2. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of ONIB Circular A-133, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted u1 accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an (W audit must be paid from recipient resources obtained from other than Federal entities). 15 307 3. A web site that provides links to several Federal Single Audit Act resources can be found at: http://hanester.census.gov/sac/sainfo.httnl PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2), Florida Statutes. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of$500,000 in any fiscal year of such recipient (for fiscal years ending September 30, 2004 or thereafter), the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this agreement indicates state financial assistance awarded through the DEPARTMENT by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the DEPARTMENT, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed un Part II, paragraph 1, the (W recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year (for fiscal years ending September 30, 2004 or thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. Additional information regarding the Florida Single Audit Act can be found at: http://www.myflorida.coi-n/f-,aa/statutes.htrnl . PART III: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted un accordance with OMB Circular A- 133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), 0I\1I3 Circular A-133, as revised, by or on behalf of the (W recipient directly to each of the following: 16 308 (W A. The Florida Department of Economic Opportunity: Inspector General Department of Economic Opportunity Caldwell Building 107 East Madison Street Tallahassee, FL 32399-6545 Financial Management Systems Assurance Section (FMSAS) Department of Economic Opportunity Caldwell Building 107 East Madison Street Tallahassee, FL 32399-6545 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OIAB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (0, 0I\1I3 Circular A-133, as revised. 2. Pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letter issued by the auditor, to the DEO at the addresses listed in paragraph 3.a.) below: 3. Copies of financial reporting packages required by PART II of this agreement, including any management letters issued by the auditor, shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: (W 17309 Inspector General Department of Economic Opportunity Caldwell Building 107 East Madison Street Tallahassee, FL 32399-6545 Financial Management Systems Assurance Section (FMSAS) Department of Economic Opportunity Caldwell Building 107 East Madison Street Tallahassee, FL 32399-6545 B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Any reports, management letter, or other information required to be submitted to the DEPARTIVIENT pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 5. Recipients, when submitting financial reporting packages to the DEPARTMENT for audits done in accordance with 0IVII3 Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION 1. The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of five years from the date the audit report is issued, and shall allow the DEPARTMENT, or its designee, CFO, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the DEPARTl\'IENT, or its designee, CFO, or Auditor General upon request for a period of three years from the date the audit report is issued, unless extended in writing by the DEPARTMENT. NOTE: Records need to be retained for at least fiveyears to comply with record retention requirements related to anginal vouebets ptesoibed by the Department of State, Division of Libra, and Lsfotmation Seix ces, Bureau of' ArchIh! and Records a few,-tse Trent. EXHIBIT —1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: 18 310 NOTE•If the resources awarded to the recipient represent more than one Federalpro ram, 1Ovide the same g p in formation shown below for each Federal program and show total Federal resources awarded. Not Applicable. COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Not Applicable. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: Not Applicable. SUBJECT TO SECTION 215.97, FLORIDA STATUTES: State Project: Department of Economic Opportunity; CSFA 40.024— Growth Management Implementation Technical Assistance - $ COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Activities are limited to those in the Scope of Work NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. FACommunit\ Dc\-clopment\(;ifford Plan\2013 DE 0TA grant for 45th street\1 1'13-14 llE0'1'A Grant agreement.rtf 19 311 GRANT NAME: DEO Community Planning Technical Assistance Grant GRANT# AMOUNT OF GRANT: $25,000.00 DEPARTMENT RECEIVING GRANT: Community Development Department CONTACT PERSON: Sasan Rohani TELEPHONE: 772-226-1250 I. HO\v long is the grant for? Until June 30,2014 Starting Date: 8-1-2013 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? Yes ___X_No • If yes,does the grant allow the match to be In-Kind services? Yes No 4. Percentage of match to grant . N/A 5. Grant match amount required_$ N/A 6. Where are the matching funds coming from(i.e. In-Kind Services; Reserve for Contingency)? 7. Does the grant cover capital costs or start-up costs? Yes X No • If no,how much do you think will be needed in capital costs or start-up costs: $ N/A (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? Yes X No If yes,please list. (If additional space is needed,please attach a schedule.) Acct. Description Position Position Position Position Position Le 011.12 Regular Salaries 011.13 Other Salaries & Wa es(PT) • 012.11 Social Security 012.12 Retirement—Contributions 012.13 Insurance—Life&Health 012.14 Worker's Compensation 012.17 S/Sec. Medicare Matching TOTAL •9. What is the total cost of each position including benefits,capital, start-up, auto expense,travel and operating? Salary and Benefits Operating Costs Capital Total Costs •10. What is the estimated cost of the grant to the county over five years? SO 00 a, Grant Amount Other Match Costs Not Covered Match Total First Year $25,000.00 $------ $------ $25.000.00 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ .Signature of Preparer: Date: 7/9/2013 ATTACHMENT 2 312 �r INDIAN RIVER COUNTY MEMORANDUM b C TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora,P.E.,Public Works ' ector FROM: Louise Gates,Land Acquisition Sp cialist SUBJECT: Right-of-Way Acquisition,8570 US Highway 1,Sebastian,FL 32958 Parcel I.D.#31-39-28-00006-0020-00006.0 Project Parcel#468 Seller: Charles W. Carneal, Jr. (deceased 9/28/11) c/o Carolyn Wendell Markey, Personal representative of the estate of Charles Wendell Carneal,Jr. DATE: August 8,2013 DESCRIPTION AND CONDITIONS This project consists of widening CR510 (85'' Street) between 55th Avenue and the Indian River Lagoon, from a two-lane to a four-lane, median-divided road with turn lanes. The County needs to acquire right-of-way consisting of 138.17 square feet and a temporary construction easement containing 389.80 square feet. Approximately 228.45 square feet would be remaining. To avoid leaving an unbuildable,uneconomical sliver of property, county staff has offered to purchase the entire parcel containing 756.42 square feet. The value is based on a recent appraisal along the USI corridor at $4.50 per square foot. After the project is completed the remaining property may be offered for sale to the contiguous property owner. The property is zoned CL. County staff made an offer to purchase the entire parcel for the price of$3,403.89 plus $510.58 (15% incentive) totaling $3,914.47. On August 1, 2013 Ms. Markey accepted the offer, endorsing the contract and returning it via USPS. There are no attorney fees or appraisal fees on this parcel. The County needs to acquire a total of 75 parcels to widen this section of US Highway 1, with the parcel acquisition breakdown as follows: 1. Right-of-way(R/W )parcels= 29 2. Temporary construction easements(TCEs)= 28 3. Drainage easements (DEs)= 18 Total= 75 This acquisition represents one parcel (1 R/W, 1 TCE), which would reduce the overall (W total of parcels needed from 75 to 73. Staff also has 2 pending acquisitions,which would further reduce the total from 73 to 65. 1 313 Property Acquisition 8570 US Highway 1 Carneal Property August 8,2013—Page Two of Two FUNDING Funding for this expenditure is budgeted and available from Traffic Impact Fees/District IIROW/CR 510/55 Ave—Indian River,Account# 10215141-066120-05023. For FY 12/13- $1,570,411 has been budgeted for ROW, with$59,224.89 being expended year to date. RECOMMENDATIONS The Board's options include the following: Option 1: Approve the transaction,purchasing the right-of-way(756.42 square feet) and a for the purchase price of$3,914.47. Option 2: Reject the terms of the Agreement and continue to negotiate. Staff recommends Option 1: The Board of County Commissioners approves the purchase of the property at a total price of$3,914.47 and authorizes the Chairman to sign the Purchase and Sale Agreement. (W ATTACHMENT 1. Two "Originals" of the Purchase Agreements DISTRIBUTION Christopher R. Mora,Public Works Director Louise Gates, Land Acquisition Specialist APPROVED AGENDA ITEM Indian River Coun4 Approved Date FOR: August 20,2013 G �,,a► Administration 0 1/5 B 1�1 Budget (4 Legal / Y- )5 . 1 p Public Works 8 13 3 Engineering 1= *maim rind Louise'Louise Ga.:es'A,mzcta Items\CarneaLCR-5!OProject PRi468 FUH Take.doc 2 314 Original .; AGREEMENT TO PURCHASE, SELL, AND LEASE REAL ESTATE BETWEEN INDIAN RIVER COUNTY (W CAROLYN WENDELL MARKEY, AS AND PERSONAL ESTATE OF CHARLES WENDELL CARNESENTATIVE OF THE AL, JR. THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement"). made and entered into as of the day of ( g ment") is: River County, a political subdivision of the State of Florida("he County"),13, by and between Indian Charles W. Carneal, Jr., who agree as follows: ty"),and the Estat6o WHEREAS, Estate of Charles W. Carneal, Jr. owns propertylocated Highway 1, Sebastian, Florida. A sketch and legal description of theo e at,,8570 US this agreement as Exhibit"A" and incorporated by reference herein; and �s attached to WHEREAS,the County is scheduled to expand CR510, also known as 85th Str in the future and the road expansion will impact the Property Carneal, Jr.; and p P P rty of the Estate of Charles IN' WHEREAS, in order for the County to proceed with its road expansion plans, County needs to purchase property to be used as right of-way from landowner ad'ac ne . to CR510; and t (W WHEREAS, the County has Representative of the Estate of Charles nW. Car eal, Jr. and hastacted Carolyn oMarkey, the ;Persona parcel containinga offered to purchase the Property), approximately 756.42 square feet as described on Exhibit A (the p rty), and WHEREAS, the County is prepared to take the Property by using its eminent domain; and 9 powerof. WHEREAS, the Estate of Charles W. Cameal,Jr. and the County wish to-avoid risk, time and expense of litigation by entering into this agreement for sae and cas the the Property; p hase,of NOW, THEREFORE, in consideration of the mutual terms, conditions, promises covenants and premises hereinafter, the COUNTY and SELLER agree as follows: 1. Recitals. The above _._-incorpora e. herein _recil� tare-a{firmod-a�being-true-and-con-ect awd are---- ---- -- 2. Agreement to Purchase and Sell The Seller hereby agrees to sell to the Cou and the County hereby agrees.to purchase from Seller, u nty, forth in this Agreement that certain parcel of real property located a 8570 US Hi`ghwa sconditionse t* Sebastian, Florida and more specifically described in the legal description attached I s Exhibit "A", fee simple, containing approximately 756.42 square feet, all improvemer#s 1 315 Original thereon, together with all easements, rights and uses now or hereafter belonging thereto (collectively, the "Property"). 2.1 Purchase Price Effective Date The purchase price ("Purchase Price") for the Property shall be$3,914.47(Three Thousand Nine Hundred Fourteen and 47/100 Dollars): The Purchase Price shall be paid on the Closing Date. The Effective Date of this Agreement shall be the date upon which the County shall have approved the execution eof this Agreement, either by approval by the Indian River County Board of County' Commissioners at a formal meeting of such Board or by the County Administrator pursuant to his delegated authority. 3. Title. Seller shall convey marketable title to the Property by warranty deed free of claims, liens, easements and encumbrances of record or known to Seller; but subject{to property taxes for the year of Closing and covenants, restrictions and public utility easements of record provided (a) there exists at Closing no violation of any of the foregoing; and (b) none of the foregoing prevents County's intended use and development of the Property ('Permitted Exceptions"). 3.1 County may order an Ownership and Encumbrance Report or Title lnsurance Commitment with respect to the Property. County shall within fifteen (15) daysfollowing the Effective Date of this Agreement deliver written notice to Seller of title defects . Tine shall be deemed acceptable to County if(a) County fails to deliver notice of defects with'i"r C .- the time specified, or(b) County delivers notice and Seller cures the defects within thirty (30)days from receipt of notice from County of title defects("Curative Period"). Seller shalt use best efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period, County shall have thirty (30) days from the end of thee Curative Period to elect, by written notice to Seller, to: (i) to terminate this Agreement whereupon shall be of no further force and effect, or(ii)extend the Curative Period for up to an additional 90 days; or (iii) accept title subject to existing defects and proceed toy closing. 4. Representations of the Seller. 4.1 Seller is indefeasibly seized of marketable,fee simple title to the Property and is the{ sole owner of and has good right, title, and authority to convey and transfer the Propert`yF which is the subject matter of this Agreement, free and clear of all liens andi encumbrances. 4.2 From and after the Effective Date of this Agreement, Seller shall take no action; which would impair or otherwise affect title to any portion of the Property, and shall record' no documents in the Public Records which would a ect title_to_the-Proper-ty,vuythout -prrorwritten consent of-fhe County. 4.3.1 There are no existing or pending special assessments affecting the Property,which, are or may be assessed by any governmental authority, water or sewer authority, school; district, drainage district or any other special taxing district. 2 316 Original 5. Default. (W 5.1 In the event the County shall fail to perform any of its obligations hereunder, the Seller shall, at its sole option, be entitled to: (i)terminate this Agreement by written notice delivered to the County at or prior to the Closing Date and thereupon neither the Seller noir any other person or party shall have any claim for specific performance, damages,; or otherwise against the County; or (ii) waive the County's default and proceed to Closing.; 5.2 In the event the Seller shall fail to perform any of its obligations hereunder, th6 County shall, at its sole option, be entitled to: (i)terminate this Agreement by written notice delivered to the Seller at or prior to the Closing Date and thereupon neither the County noIr any other person or party shall have any claim for specific performance, damages of otherwise against the Seiler; or(ii)obtain specific performance of the terms and conditions hereof; or (iii)waive the Seller's default and proceed to Closing: B. Closing 6.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall take place within 45 days following the execution of the contract by the Chairman o� the Board of County Commissioners. The parties agree that the Closing shall be as follows: (a) The Seller shall execute and deliver to the County a warranty deed conveying marketable title to the Property, free and clear of all liens and encumbrances and in the condition required by paragraph 3. (W (b) The Seller shall have removed all of its personal property and equipment-from th`b Property and Seller shall deliver possession of the Property to County vacant and in th'e same or better condition that existed at the Effective Date hereof. ' t t (c) If Seller is obligated to discharge any encumbrances at or prior to Closin and fails to do so, County may use a portion of Purchase Price funds to satisfy the encumrbrances.� (d) If the Seller is a non-resident alien or foreign entity, Seller shall deliver to the County an affidavit, in a form acceptable to the County, certifying that the Seller and any interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act"ofi 1980. (e) The Seller and the County shall each deliver to the other such other documents or instruments as may reasonably be required to close this transaction. ' - --Taxes. All taxes and special assessments which are a lien upon the property on ori prior to the Closing Date (except current taxes which are not yet due and payable)t. shall be paid by the Seller. 7. Closing Costs; Expenses. County shall be responsible for preparation of all Closing documents. (W 3 317 Original 7.1 County shall pay the following expenses at Closing: (W 7.1.1 The cost of recording the warranty deed and any release or satisfaction obtained by Seller pursuant to this Agreement. 7.1.2 Documentary Stamps required to be affixed to the warranty deed. 7.1.3 All costs and premiums for the owner's marketability title insurance commitment and policy, if any. 7.2 Seller shall pay the following expenses at or prior to Closing: 7.2.1 All costs necessary to cure title defect(s) or encumbrances, other than the Permitted Exceptions, and to satisfy or release of record all existing mortgages, liens or encumbrances upon the Property. 8. Miscellaneous. 8.1 Controlling Law This Agreement shall be construed and enforced in accordance' with the laws of the State of Florida. Venue shall be in Indian River County for all state court matters, and in the Southern District of Florida for all federal court matters. 8.2 Condemnation. In the event that all or any part of the Property shall be acquiredror condemned for any public or quasi-public use or purpose, or if any acquisition ;or condemnation proceedings shall be threatened or begun prior to the Closing of this transaction, County shall have the option to either terminate this Agreement; and the., obligations of all parties hereunder shall cease, or to proceed, subject to all otFier terms; covenants, conditions, representations and warranties of this Agreement,to the Closing the transaction contemplated hereby and receive title to the Property; receiving, however, any and all damages, awards or other compensation arising from or attributable to such acquisition or condemnation proceedings. County shall have the right to participate in ar y such proceedings. ;f 8.3 Entire Agreement This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements, written or oral, between the Seller and the County relating to the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties. 8.4 Assignment and Binding Effect Neither County nor Seller may assign its rights an obligations under this Agreement without the prior written consent of the other party. The; terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and: their successors and assigns. 8.5 Notices. Any notice shall be deemed duly served if personally served or if mailed by certified mail, return receipt requested, or if sent via "overnight" courier service or facsimile transmission, as follows: 4 318 Original IN WITNESS WHEREOF,the undersigned have executed this Agreement as of the date first set forth above. INDIAN RIVER COUNTY, FLORIDA ESTATE OF CHARLES WENDELL CARNEAL, JR BOARD OF COUNTY COMMISSIONERS r Joseph E. Flescher, Chairman Carolyn We ell Mar y D to Title: Personal Re pre enta ive Approved by BCC C' l ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller (W By. Deputy Clerk Approved: &J- r A. Baird, County Administrator Appr d as t Fo gal Sufficiency: . County Attorney 6 320 INDIAN RIVER COUNTY, FLORIDA (W MEMORANDUM ? bb TO: Joseph A. Baird, County Administrator FROM: Christopher R. Mora, P.E., Public Works Director SUBJECT: Grand Harbor North Project Proposed Wetland Treatment System Preliminary Plan and Analysis DATE: August 14, 2013 DESCRIPTION AND CONDITIONS Studies performed by the U.S. Environmental Protection Agency (EPA), the Florida Department of Environmental Protection(FDEP),the St.Johns River Water Management District(SJRWMD)and others have shown that the Indian River Lagoon basin, a 156-mile-long estuary on Florida's east coast, has become increasingly polluted partly due to freshwater inflows from drainage canals. The canals regularly discharge nitrogen and phosphorus into the Lagoon,pollutants which promote algae growth, reduce oxygen levels and hasten the reduction of seagrass beds. Seagrass coverage is often used as a barometer in measuring the overall health of the Lagoon. The North Relief Canal is one of three major east/west canals within the Indian River Farms Water Control District (IRFWCD). On a typical day, the IRFWCD utilizes the North Relief Canal to drain approximately 20 million gallons of water directly into the Lagoon from a 10,000+acre drainage basin bordered by 77th Street(north),41St Street(south), 74th Avenue (west) and the FEC Railroad (east). East of USI, the Grand Harbor residential development straddles the North Relief Canal. Due to its undeveloped status and proximity to the North Relief Canal, the Grand Harbor North area offers a unique site opportunity,if properly planned and engineered,to clean the canal water before it reaches the Lagoon. Grand Harbor has indicated an interest in partnering with the County to provide land for a potential stormwater treatment site. ANALYSIS Ecotech Consultants and Masteller & Moler, two local engineering firms, have offered to assist the County in developing a wetland treatment system to be located on property owned by Grand Harbor North Land LLC. Their proposal for the Grand Harbor North project is attached. The joint Ecotech/ Masteller& Moler work effort includes nine tasks as summarized below: Task#1—Set Boundary Conditions Task#6—Preliminary Site Plan & Design Task#2—Site Analysis Task#7—Preliminary Site Plan Review Task#3—Water Quality Task#8- Individual Permit 40C-4 Application Task#4—Conceptual Plan Task#9—Corps of Engineers Permit Application Task#5—Conceptual Site Plan Review CADocuments and Settings\chrism\Desktop\Grand Harbor Wetland Treatment System BCC 2013-08-20.doc 322 Page 2 Grand Harbor North Proposed Wetland Treatment System (W Preliminary Plan and Analysis Agenda Item for Aug.20,2013 BCC Meeting August 14, 2013 The overall objective of the study is to devise a water treatment system which will maximize the nutrient (nitrogen, phosphorus) removal from the North Relief Canal,FDOT Ditch#12 and/or the Lagoon within the property being offered for use by Grand Harbor North. The cost of the study is$49,597. FUNDING Funding for this expenditure is available in Optional Sales Tax/Public Works/Misc Drainage Systems, Acct#31524338-066340. RECOMMENDATION Staff recommends that the Board of County Commissioners authorize Ecotech and Masteller&Molerto move forward with the Grand Harbor North project as proposed,under their existing continuing services contracts with the County Public Works and Utilities Departments. ATTACHMENTS Proposal: "Scope Of Services For Preparation Of A Preliminary Plan For Wetland Treatment System On The Grand Harbor North Property" APPROVED AGENDA ITEM Indian River County Approved Date FOR August 20, 2013 ,J� Administration $D is .3 BY 'r Budget o �� Legal p Public Works C,, (W Stormwater Engr CADocuments and Settings\chrism\Desktop\Grand Harbor Wetland Treatment System BCC 2013-08-20.doc 323 SCOPE OF SERVICES FOR PREPARATION OF A PRELIMINARY PLAN FOR A WETLAND TREATMENT SYSTEM ON THE GRAND HARBOR NORTH PROPERTY Ecotech Consultants,Inc.(ETC)and Masteller&Moler,Inc.(M&M)propose to assist Indian River County(County)with the development of a wetland treatment system(WTS)to treat water pumped from the North Relief Canal(Canal),and/or the Florida Department of Transportation(FDOT)ditch located adjacent to the north property boundary, and/or the Indian River(River). The objective of this plan will be to maximize nutrient removal (nitrogen and phosphorus) from the Canal (and/or FDOT ditch,and/or the Indian River)within the land area(the Grand Harbor North Property located east of U.S.Highway 1 and north the North Relief Canal)provided by Grand Harbor North. The work associated with this Scope of Services has been broken down into a series of nine primary work tasks. A description of the work to be performed under each task is presented below. Task 1. Set Boundary Conditions The purpose of this task is to set the boundary conditions(establish specific project objectives)that will direct how the WTS will be designed and how much land will be made available for the project by Grand Harbor North. This task will specifically identify the following design parameters: ❖ the project area (number of acres that will be provided by Grand Harbor North for this project); ❖ the general location of the influent pump station(s); ❖ the location(s)of proposed discharge point(s); ❖ the source(s)of influent waters to the WTS; ❖ landscape constraints within the WTS that may be imposed by Grand Harbor North; and •3 defmition of the Grand Harbor North(GHN)expectations for this project. Task 2. Site Analysis ETC will complete an environmental site assessment(ESA)for the project site. The purpose of the ESA will be to assimilate information needed to address environmental issues associated with the Environmental Resources Permit, and the U.S.Army Corps of Engineers(USACOE) Section 404 permit. This information may include a historical analysis of the project site,a landscape analysis, a review of existing site topography, a flood-tide line analysis based on available existing Page 1 of 7 324 information,assimilation of available existing surface water data,assimilation of available existing ground water, a description of existing stormwater management system on-site and adjacent to the site, and a listed species wildlife survey. This information will be compiled into a summary report. Two copies of the summary report will be provided to the County and to Grand Harbor North. Note that this task does not include any type of soil analyses, and/or any ground waters analyses, and/or any ground waters modeling. Task 3. Water Quality ETC will compile available water quality data previously collected in the Indian River and the North Relief Canal. ETC will collect six water samples in the MOT ditches contiguous with the north GHN property boundary, and six samples from the North Relief Canal at the railroad bridge crossing.. These samples will be analyzed for total dissolved solids, total suspended solids, total nitrogen, and total phosphorus. The County will be responsible for all laboratory costs associated with this task. ETC will use the water quality data to estimate the potential loadings to the proposed WTS on the GHN property. ETC also will estimate the base flow rate through the MOT ditch and the North Relief Canal using available existing data/information augmented by one field measurement in each channel. This information will be compiled into a summary report. Two summa copies of the ort will p summary report be provided to the County. Task 4. Conceptual Plan ETC will develop a Conceptual Plan that will show the following information and site features: Ae a plan view of the proposed location of the WTS on the Grand Harbor North property, including a size estimate of the surficial area of the WTS; ❖ select typical cross sections through the WTS that can be used to estimate the detention time for influent flows into the WTS; ❖ a general landscaping plan within the WTS and the interim design of the buffer adjacent to the WTS boundary; •3 the proposed location of the influent pump station(s)and conveyance system(s); ❖ the proposed location of the WTS discharge point to off-site waters; ❖ preliminary estimate of the potential total nitrogen and total phosphorus removal rates for the proposed WTS design; Page 2 of 7 325 The purpose of the conceptual plan will be to solicit comments from the County,GHN,Indian River Farms Drainage District (IRFDD), FDOT, and the St. Johns. River Water Management District (District)regarding the general design,the proposed layout of the WTS on the GHN properly, the general operational process, and the estimated nutrient uptake rates. Task 5. Conceptual Site Plan Review ETC will arrange meetings with the County, IRFDD,Grand Harbor North,the District,and FDOT to discuss the Conceptual Plan. The purpose of the meeting(s) with the IRFDD will be to solicit comments regarding the location of the influent pump station, and the modifications to the North Relief Canal that may be necessary to effectively operate the pump station. The purpose of the meeting with Grand Harbor North will be to discuss the size,location,the general landscaping plan for the WTS,and potential nutrient credits that can be used by Grand Harbor North to reduce the size of the stormwater ponds associated with future development within the GHN property. The purpose of the meetings with the District will be to discuss permitting issues related to the project, and TMDL credits that can be achieved by the project. The purpose of the meeting with FDOT will be to discuss their participation in the project if the WTS effectively eliminates the discharge from the FDOT ditch to the Indian River. Task 6. Preliminary Site Plan& Design ETC will prepare permit drawings for the WTS Specifically,ETC will provide the County with draft drawings providing the following information: ❖ site layout based on available existing site topographic information and data; ❖ hydraulic profile through the WTS based on available existing site topographic information and data; ❖ cross-sections through the WTS based on existing site topographic information and data; v a conceptual level design of the influent pump station and conveyance system for permitting purposes only; 441 the location and weir size for internal water control structures, if any are proposed for the WTS; •A discharge point details based on existing site topography information and data; and • a vegetation planting plan. Note that these Preliminary Plans will depict the location and preliminary sizing information for surface water pumps to be installed to pump water from the North Relief Canal into the proposed WTS. This task also will include preparation of an Engineering Report that includes: (W Page 3 of 7 326 (W estimation of the annual pollutant loading for the uplands portion of the GHN site for the pre-development and post-development conditions based on input from land owner. ❖ development of a nutrient model to be used to estimate the potential total suspended solids, total nitrogen and total phosphorus removal rates for the proposed WTS; 4. a nutrient budget that estimates net total suspended solids, total nitrogen and total phosphorus uptake rates within the WTS given the estimated off-site loadings and the estimated loadings for existing site conditions and post-development conditions. One copy of the draft drawings(hard copy and electronic format)will be provide to the County and GHN for review. ETC will modify the drawings as appropriate in response to comments received from the County and GHN,after the County and GHN complete their review of the draft drawings. Task 7. Preliminary Site Plan Review ETC will arrange meetings with the County, the IRFDD, and Grand Harbor North to discuss the preliminary site plan and design prior to filing the permit application with the District. The purpose of the meeting(s)with the IRFDD will be to gain their general approval of the pump station location and design concept. ETC will modify the preliminary site plan and design where appropriate to reflect the comments received during these meetings. (W Task 8. Individual Permit 40C-4 Application ETC will assist the County with the preparation of the District Individual Permit application. This assistance will include modifying the preliminary site plan to reflect comments received as part of Task 4 and Task 5. One copy of the draft application will be provided to the County and GHN for review. ETC will modify the draft application as appropriate in response to comments received from the County and GHN,after the County and GHN complete their review of the draft application. ETC will provide the County and GHN with one copy of the Individual Permit application for review. The County shall be responsible for all permit fees associated with the District construction permit application. ETC will meet with District staff on-site to inspect the site conditions. ETC will conduct a pre- application meeting with the District staff in Palm Bay, and will meet one additional time with District staff in Palm Bay to discuss the Individual Permit application, if necessary. This task will be completed when the District issues the first request for additional information(RAI) letter regarding the permit application. Therefore, this task does not include the preparation of a response to any RAI requests received from the District. Page 4 of 7 327 L101 Task 9. U.S.Army Corps of Engineers Permit Application ETC will assist the County with providing supplemental information needed to complete the Environmental Resource Permit (ERP) application for the U.S. Army Corps of Engineers (USACOE). One copy of the draft application will be provided to the County and GHN for review. ETC will modify the draft application as appropriate in response to comments received from the County and GHN, after the County and GHN complete their review of the draft application. ETC will meet with USACOE staff on-site to inspect surface water and vegetation conditions. ETC will conduct a pre-application meeting with USACOE staff in the Merritt Island office,and will meet one additional time with USACOE staff in the Merritt Island office to discuss the ERP application, if necessary. ETC will assist the County with preparation of a response to requests for additional information (RAI) letters received from the USACOE for the ERP aspects of the application. This assistance shall be limited to one USACOE RAI letter. Proposal Assumptions & Limitations ❖ Any and all items not specifically set forth in this proposal are excluded. Specifically excluded items include but are not limited to, construction plans, technical specifications, (W and bid documents, soil borings, land surveying, grant funding assistance, environmental permitting (except as described above), consumptive use permitting, landscape/irrigation designs, structural/electrical engineering, construction stakeout and inspection services.. ❖ Soils analysis, geotechnical bores, groundwater hydrology studies, or other hydrological services are not included in this scope of services. ❖ Permitting of listed species and historic or cultural resources impacts(if any)are not included in this scope of services. ❖ This scope of services does not guarantee the Indian River Farms Drainage District will grant an easement or allow access to waters in the North Relief Canal. This scope of services does not include negotiating an agreement with the Indian River Farms Drainage District for easements or access points to waters in the North Relief Canal. ❖ This scope of services does not guarantee the Florida Department of Transportation will grant an easement or allow access to waters in the ditch contiguous with the north GHN property boundary. This scope of services does not include negotiating an agreement with the Florida Department of Transportation for easements or access points to waters in the ditch contiguous with the GHN property boundary Responsibilities of County & GHN ❖ The County will pay any necessary agency fees involved with the permit applications. ❖ GHN shall provide ETC with access to the site for the duration of this scope of services. (W Page 5 of 7 328 GHN recognizes that this scope of services will include environmental site surveys that will involve determining on-site wetland lines and on-site wildlife survey to determine if listed species are present within the property boundaries. (W Page 6 of 7 329 ATTACHMENT 2 INDIAN RIVER UTILITIES DEPARTMENT NORTH COUNTY BRINE DISPOSAL PROJECT BUDGET Ecotech Consultants,Inc.and Masteller&Moler,Inc.proposes to complete the Scope of Services described in Attachment 1 for the amount of$49,597.00. A breakdown of the costs for each task is shown below. Task Budget Task 1. Set Boundary Conditions $4,822.00 T A 2. Site Analysis $2,854.00 Task 3. Water Quality $2,164.00 Task 4. Conceptual Site Plan $10,800.00 Task 5. Conceptual Site Plan Review $3,425.00 Task 6. Preliminary Site Plan&Design $18,319.00 Task 7. Preliminary Site Plan Review $3,713.00 Task 8. Individual Permit Application $2,400.00 Task 9. U.S.Army Corps of Engineers Permit $1,100.00 ADDITIONAL SERVICES The cost to complete work not included in the Scope of Services as described in Attachment 1 will be billed at the hourly rates shown below. Direct charges for additional services will be billed to the County at their actual value. Principal Scientist $105.00/hour Senior Scientist $95.00/hour Principal of Firm $150.00/hour Professional Engineer $130.00/hour Project Manager $100.00/hour CAD Draftsperson/Designer $80.00/hour Inspector $65.00/hour Administrative (Typing, etc.) $50.00/hour Page 7 of 7 330 CONSENT AGENDA INDIAN RIVER COUNTY FLORIDA gee (W AGENDA ITEM Office of Assistant County Administrator Department of General Services Date: July 25,2013 To: The Honorable Board of County Commissioners Thru: Joseph A. Baird, County Administrator From: Michael C.Zito,Assistant County Administrator/ Department of General Services Subject: Approval of Lease Agreement with Indian River Sports Complex, Inc. for Use of 16th Street Ball Fields BACKGROUND: In 1964, the Indian River County Board of County Commission executed a 30 year lease agreement with the City of Vero Beach for the recreational site located at 1900 16th Street. The City of Vero Beach in cooperation with Indian River County could then utilize the property for recreational purposes to serve City and County residents. The City initially made upgrades and maintained the site. Then in 2002, when the City of Vero Beach/ Indian River County Recreation Department split, the property reverted back to the County. From that point forward the Indian River County Recreation Department has run athletic programs on the site. The County Recreation Department (W has gradually relocated these programs to include North and South County Regional Parks, Gifford Community Park, and the 58th Avenue Ball Field Complex. ANALYSIS : Notwithstanding the County's illustrious history as a Major League Baseball Spring Training venue, youth baseball programs have found it difficult to thrive due to the lack of available facilities. Currently, the County lacks adequate facilities to accommodate boys baseball ages 13 to 18 which require specific ball field dimensions similar to those required for high school and collegiate baseball. The 16th Street Ball Field Complex cannot accommodate this age group. Youth Sports organizations dedicated to developing this age group (also known as "senior leagues") are currently traveling out of County to rent field space for practices and games. The County Recreation Department has been contacted by a locally formed nonprofit corporation known as the Indian River Sports Complex, Inc. ("IRSC"). IRSC proposes to lease the 16th Street Complex under terms similar to the County's current lease agreement with the Indian River Soccer Association. Under the Soccer Association Lease, County land is utilized by the non-profit entity which maintains the facility in its entirety with no funding or in kind contribution from the County. Additionally IRSC proposes to make substantial improvements to the complex by converting the existing baseball fields to senior league dimension fields at no cost to the County. IRSC proposes to upgrade the facility by reconstructing Riley and Sampson fields to meet Senior League dimensions including, field resurfacing, bermuda grass, fencing, batting cages, and light pole relocation. Additional improvements will include upgrades to the spectator stands, dugouts, and sprinkler system. IRSC also intends to accommodate Little League and girls softball programs with the construction of 2 additional youth dimension fields. FAAssistant County Administrator\AGENDA ITEMS\2013\BCC 08 AUG 2013\BCC Memo- Approval for Use of 16th Street Ballfield Complex.doc 331 Indian River Sports p Complex Description & Summary Indian River Sports Complex Inc. is a Non Profit Florida Corporation. We are requesting to lease the approximately 11.7 acre facility located at 1900 16th street where we plan to offer a premier baseball complex. This facility will include batting cages, pitching areas, weight room, and three state of the art practice and game fields. In the Indian River County area, baseball and softball are very popular activities encompassing youth, little league, senior league, high school, American Legion, and college level participation. Indian River Sports Complex Inc. will offer amenities that will draw clientele for many miles from the surrounding areas since we will provide a safe, clean, and state of the art facility for honing baseball skills. The public's desire to give their child an advantage in organized baseball and softball will be brought to the fore front with the use of this facility. Private Coaches and skilled trainers are sought after by eager parents looking for individualized training for their child. Select baseball leagues are increasing in popularity and advanced skill training is an absolute requirement for participation in these activities.This Sports Complex will cater to this increasing need for individualized skills training on a year round basis. Mission Indian River Sports Complex will have little to no competition within Treasure Coast and surrounding areas because of the product it will offer.The facility will be open 7 days per week. The Complex will provide a quality training environment for serious athletes and amateur enthusiasts.This facility will flourish in the growing and nurturing of future college student athletes.The facility will also be open to all county residents to use and rent just like they were when controlled by Indian River County Recreation Dept. We hope to be very competitive with local counties rates so everyone will benefit from this venture. 333 334 ..�"� i ., �w, �` ., � ��Y N �o d a� i`. �m _ _ thy. °�: f ' M. �-` Lease Agreement Lessor: Indian River County, Florida A political subdivision of the State of Florida 1801 27th Street Vero Beach, FL 32960 (Hereinafter "County") Lessee: Indian River Sports Complex, Inc. A Florida non-profit Corporation 11167 th Place Vero Beach, FL 32966 (Hereinafter "Indian River Sports") Witnesseth That: WHEREAS, the County is the owner of the parcel of land commonly known as the 16th Street Ball Fields, located at the intersection of 16th Street and 17th Avenue, Vero Beach, Florida (hereinafter the Property) an aerial photo is attached as Exhibit "A"; and WHEREAS, the 11.76 acre Property consists of three softball/little league/baseball diamonds with lights, fencing, parking, concession, press boxes and announcers booths; and WHEREAS, Indian River Sports Complex, Inc. is a Florida non-profit corporation formed to develop, promote and foster sports talent for individuals by organizing local and statewide competitions teaching individual; and group skills; and WHEREAS, Indian River Sports has a present need for property for its baseball programs and activities in Indian River County that will include batting cages, pitching areas, a weight room and no less than three "state of the art" practice and game fields; and WHEREAS, the County believes that leasing the Property to Indian River Sports on a long-term basis would be in the public interest by providing a useful amenity for the recreational enjoyment of baseball enthusiasts in Indian River County; NOW, THEREFORE, for in consideration of the premises and other good and valuable consideration, the receipt whereof is hereby acknowledged, the parties agree as follows: 1 337 1. Term of Lease: Rental. The County shall lease to Indian River Sports the (W Property for the term of ten (10) years at a rental of one dollar ($1.00) per year. This Lease Agreement (Agreement) shall be extended upon mutually agreeable terms, automatically for an additional ten (10) years under terms similar to the original lease, unless one party notifies the other party in writing of its intent to not renew at least one hundred eighty (180) days prior to the expiration of the initial ten year period. The effective date of this Agreement is December 1, 2013. 2. Use of The Property. The Property shall be used by Indian River Sports for the purpose of managing and maintaining the Property to develop, promote and foster sports talent for individuals by organizing local and statewide competitions teaching individual; and group skills. The aerial photo attached to this Agreement as Exhibit "A", identifies the Property subject to this lease. Substantial changes may be made to the Agreement only with the written approval of the County and the Board of Indian River Sports. Use, fees, scheduling and operational hours of the Property shall be solely controlled by Indian River Sports, pursuant to applicable County regulations. 2.1 Use of the Property by Public. Indian River Sports may, upon approval by the County and receipt of proof of insurance as defined in paragraph 4, permit other sports programs to use the Property. Indian River Sports shall charge the same rate for field use and lighting as charged by the Indian River County Recreation Department. 2.2 Use of Property by the County. Subject to the availability and without causing undue interference with regular activities and events previously scheduled by Indian River Sports, the County reserves the right to utilize the Property for special events at no charge to the County. 2.3 Maintenance and Utilities. Indian River Sports shall be responsible for mowing, fertilizing, weeding, irrigating, marking of all fields, landscaping and grassed areas on the Property. Indian River Sports shall be responsible for all utilities, trash disposal, maintenance and repairs of the structures, fencing, irrigation system, and lighting system including light bulb replacement. 2.4 Equipment and storage. Indian River Sports may store equipment on the Property either in a building constructed and owned by the County that is suitable and designed for storage or in their own structure that conforms to the applicable codes. 2 338 3. Concessions: Indian River Sports shall manage and operate the concessions (W during Indian River Sports activities within the Property. Any license for operation of concessions shall be the responsibility of Indian River Sports. 4. Insurance: Indian River Sports shall obtain and maintain commercial general liability insurance in the amount of $1,000,000, naming the County as an additional insured. The policy shall provide that written notice of cancellation shall be given to the County at least 30 days before the cancellation shall become effective. The insurance shall be written on a policy and company acceptable to the County's Risk Management Division. 5. Non-discrimination. Indian River Sports shall operate the Property in a non- discriminatory manner complying with all local, state and federal laws, rules or regulations which pertain. 6. Signs and Signage. Indian River Sports may install advertising signs on fences on the Property. The signs must be first approved by the County and conform to county sign codes. Any revenue derived from the advertising signs may be retained by Indian River Sports. (W 7. Assignment. The lease may be assigned or transferred only with the written approval of the County. 8. Emergency County Use. In an emergency declared by the appropriate authorities under Chapter 252, Florida Statutes, the County reserves the right to use the Properly as a part of its emergency response and recovery operation as long as reasonably necessary in the County's opinion. In such an event, the County shall restore the Property at the County's expense to the same condition as it was prior to the County's use. For said restoration, time will be of the essence. 9. Hold Harmless. Indian River Sports shall defend, indemnify and hold the County harmless from any and all claims for damages arising out of this lease agreement, except for those claims arising out of the County's own negligence. 10. Governing Law. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit shall be in Indian River County, or in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 11. Improvements to the Property. The County is entering into this Agreement based on representations made by Indian River Sports to make certain improvements to the Property. Indian River Sports shall obtain the County's permission before 3 339 (W constructing any improvements on the Property. It is contemplated that Indian River Sports will make substantial capital improvements to the Property, including, but not limited to the following: state of the art practice and game fields, scoreboards, batting cages, weight room, improved bleachers and fencing. A schedule of the proposed improvements is attached to this Agreement as Exhibit B. Failure by Indian River Sports to make the improvements contained on Exhibit B by the time frame indicated may be deeded a breach of this Agreement and grounds for termination of this Agreement. At the termination of the Agreement, Indian River Sports shall be permitted to remove any personal property not attached to the Property and any buildings, fixtures or equipment attached to the property shall become the property of the County. 12. Breach of Agreement. A breach by Indian River Sports of any of its obligations under this lease shall be grounds for the County to terminate this lease, except that before such termination, Indian River Sports shall be given written notice with thirty (30) .days to cure the breach. However, Indian River Sports may face automatic termination of this Agreement for failure to maintain in effect any required insurance. 13. Structures on Property. There are storage buildings and portable restrooms on the Property. Indian River Sports may use those structures until such time they are needed to be moved elsewhere by the County. Indian River Sports shall be responsible (W for all repairs and maintenance associated with the storage buildings. Indian River Sports shall keep the portable restrooms in a clean and well maintained condition. The County will give Indian River Sports thirty (30) days notice prior to moving any structure. 14. Use of the Property for Special Events. Any reservation of field usage under this section for sporting events sanctioned by the Treasure Coast Sports Commission, the Vero Beach Sports Village or their successors, shall be subject to sixty (60) days advance written notice and require the payment of field charges at a rate not to exceed the County's field reservation rate in existence at the time the reservation is made. The rate maybe adjusted higher than the County's reservation rate by a showing of good cause. The parties agree to use their best efforts to cooperate in the avoidance of scheduling conflicts or unforeseen difficulties in providing adequate notice under this Section. 15. Access for Inspection. The County may come onto the Property at such reasonable times and frequencies as deemed necessary by the County to inspect the condition of the Property. Inspections by the County will not interrupt any Indian River Sports activities. 4 340 EXHIBIT "A" Indian River County GIS xt= ParceUD OwnerName PropertyAddress 33390200000700000001.3 INDIAN RIVER COUNTY 190016TH ST VERO BEACH,FL 32960 Notes L h4://www.ircpa.or&fintMap.mpx 342 EXHIBIT B Timing of Capital Improvements Fiscal Years 2013-14 • Replace existing grass on Riley and Sampson Fields with Bermuda Grass and install sprinkler system • Relocate fences to make Riley Field 350 feet and Sampson Field 360 feet • Move light poles to accommodate lager fields Fiscal Years 2015-16 • Upgrade stands and pour concrete on Sampson Field • Upgrade Dugouts on Riley and Sampson Fields (W • Upgrade fences on Riley and Sampson Fields • Install score boards on all three fields Fiscal Years 2017-19 • Add new Little League size field • Install indoor batting cages (SW 6 343 RESOLUTION NO. 2013- A A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING A COMMUNITY INTEREST LEASE AGREEMENT WITH THE INDIAN RIVER SPORTS COMPLEX, INC., FOR COUNTY OWNED PROPERTY AT 1900 16TH STREET (A/K/A THE 16TH STREET BALL FIELDS) WHEREAS, the Indian River Sports Complex, Inc. (Sports Complex) a Florida not for profit corporation requested the Board of County Commissioners to consider leasing three baseball fields, concession buildings, lights, sheds and other improvements on County-owned property commonly known as the 16th Street Ball Fields located at 1900 16th Street, Vero Beach, FL, ("Property") to the Sports Complex for use as baseball fields for their program participants; and WHEREAS, the Sports Complex will use the Property to operate a baseball program open to all Indian River County youth who wish to participate in the sport; and WHEREAS, the Sports Complex will maintain the fields and associated improvements and construct additional improvements on the Property in accordance with the lease; and WHEREAS, the Board of County Commissioners finds that such a use of County Property promotes the County interests and welfare; and WHEREAS, the Sports Complex is a Florida non-profit corporation and organized exclusively for promoting baseball in Indian River County and has applied for recognition as a charitable and educational entity for purposes as set forth in section 501(c)(3) of the Internal Revenue Code of 1986, as amended; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: 1. The Board finds that the Sports Complex has made application as required by Florida Statutes section 125.38 for a lease of the Property; 2. The property subject to the lease shall be used for baseball and participation shall be open to all Indian River County residents; 3. The Board approves, and authorizes the Chairman to execute a Lease Agreement between the Board and Indian River Sports Complex, Inc., in the form set forth in the attached Exhibit "A" for a term of ten (10) years at a rental rate of$1.00 per year; 4. The Lease Agreement is entered into pursuant to the authority of Florida Statutes sections 125.38 and 125.01. The foregoing Resolution was offered by Commissioner and seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher Vice Chairman Wesley S. Davis Commissioner Peter D. O'Bryan Commissioner Bob Solari Commissioner Tim Zorc 1 344 RESOLUTION NO. 2013-_ (W The Chairman thereupon declared the Resolution duly passed and adopted this 20th day of August, 2013. Attest: Jeffrey R. Smith, Clerk of INDIAN RIVER COUNTY, FLORIDA Court and Comptroller BOARD OF COUNTY COMMISSIONERS By By Deputy Clerk Joseph E. Flescher, Chairman Approved as to form and legal sufficiency: illiam K. eBraal Deputy County Attorney (W (w 2 345 INDIAN RIVER COUNTY, FLORIDA Q [' MEMORANDUM (W TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Direct r Christopher J. Kafer,Jr., P.E., County Engine FROM: Michael D. Nixon, P.E., Roadway Production ManagerNA/ SUBJECT: CHANGE ORDER NO. 2 Old Dixie Highway Sidewalk from 8th Street to SR 60 IRC Project No. 1102, Bid No. 2012052 DATE: August 2, 2013 DESCRIPTION AND CONDITIONS On May 22, 2012,the Board of County Commissioners entered into a Local Agency Program(LAP) Agreement, FM # 425710-1-58-01 with the Florida Department of Transportation for the construction of a sidewalk along the east side of Old Dixie Highway from 8th Street to SR 60. (W Timothy Rose Contracting, Inc. was awarded the bid on November 13, 2012 in the amount of $325,518.37 with Change Order No. 1 in the amount of$3,809.60, bringing the approved contract amount to$329,327.97. The Notice to Proceed was issued to the contractor on February 11,2013. The sidewalk project is currently under construction and is approximately 90%complete. Due to the complicated nature of the right-of-way which includes poor drainage, non-conforming driveways and parking, restricted right-of-way widths and other issues, numerous unforeseen conditions were found during construction. Various field changes were made throughout the project corridor and were addressed with Work Change Directive No. 1 utilizingthe contract Force Account. The changes include drainage,driveway and minor landscape modifications,additional hand rail, curb replacements, curb ramp deletions/additions and miscellaneous sidewalk re- alignments to avoid unforeseen conflicts. Change Order No. 2 totals$37,473.97 and an additional 90 days to the contract time as shown in the attached Change Order forms. The contract adjustments will be as outlined below: Original contract amount $325,518.37 Change Order No. 1 $3,809.60 Approved contract amount $329,327.97 Change Order No.2 $37,473.97 (W Contract amount with Change Order No. 2 $366.801.94 F:\PUMic Works\ENGINEERING DIVISION PROJECTS\1102-Old Dixie Hwy Swk 8th St to SR 60-IAP\Admim\agen&ite wwC-CHANGE ORDER No.2, 346 HCC 8-20-13.&c SECTION 00942 - Change Order Form No. 2 (W DATE OF ISSUANCE: 08/20/2013 EFFECTIVE DATE:08/20/2013 OWNER: Indian River County CONTRACTOR: Timothy Rose Contracting, Inc. Project: Old Dixie Highway Sidewalk Improvements from 8th Street. to S.R. 60 OWNER's Project No. 1102 Bid No. 2012052 ENGINEER Indian River County Engineering Division FM #425710-1-58-01 You are directed to make the following changes in the Contract Documents: Proceed with various field changes throughout the project corridor.The changes include, but not limited to, additional hand rail, drainage modifications, driveway modifications, landscape modifications, curb replacements, curb ramp deletions and additions and miscellaneous sidewalk re-alignments to avoid unforeseen conflicts. Reason for Change Order: Due to the complicated nature of the right-of-way that includes poor drainage, non-conforming driveways and parking, restricted right-of-way widths and other issues, numerous unforeseen conditions were found during construction. Various field changes were made throughout the project corridor. The changes include, but not limited to, additional hand rail, drainage modifications, driveway modifications, landscape modifications, curb replacements, curb ramp deletions and additions and miscellaneous sidewalk re-alignments to avoid unforeseen conflicts. The contractor has requested an additional 90 days to the contract to complete the work. Attachments: Revised plans, Sheets 9 through 13, 17, 18, 19, 21, 27, 28, 36, 37, 38&41 CHANGE IN CONTRACT CHANGE IN CONTRACT PRICE: TIMES (W Description Amount Description Time Original Contract Price $325,518.37 Original Contract Time: (days and dates) Substantial Completion: 120 days/6-12-13 Final Completion: 150 da s/7-13-13 Net Increase from previous $3,809.60 Net change from previous Change Order No. 1 Change Order No. 1 (days) Substantial Completion: 0 Final Completion: 0 Contract Price prior to this $329,327.97 Contract Time prior to this Change Order: Change Order: (days and dates) Substantial Completion: 120 days/6-12-13 Final Completion: 150 da s/7-13-13 Net increase of this Change $37,473.97 Net increase this Change Order Order No. 2: No. 2: (days) Substantial Completion: 90 days Final Completion: 90 days Contract Price with all $366,801.94 Contract Time with all approved approved Change Orders: Change Orders: (days and dates) Substantial Completion: 210 days/9-12-13 Final Com letion: 240 da /10-12-13 ACCEPTED: RECOMMEN ED: APPROVED: By: By: / r By: CONTRACTOR(Signature) NEER(Si ure) OWNER(Signature) LW Date: Date: g/�/�3 Date: FAPublic Works\ENGINEERING DIVISION PROJECTS\1102-0Id Dixie Hwy Swk 8th St to SR 60-LAP\Admim\Change Orders\Change Order No.2, BCC 8-20-13.doc 348 7/18/2013 CHANGE ORDER No.2 PROJECT NAME: OLD DIXIE HIGHWAY SIDEWALK IMPROVEMENTS FROM 8TH STREET TO SR 60 PROJECT NO.1102 / BID NO.2012052 FM.#425710-1-58-01 CONTRACTOR:Timothy Rose Construction,Inc. Miscellaneous modifications womm LAI Tr c c eas e s PRICE INCREASES 515-1-2 Hand rail Station 221+60 LF 90 93.00 8,370.00 430-174-201 12"x18"ERCP LF 8 30.28 242.24 430-984-623 12"x18"Mitered End EA 1 794.00 794.00 Turnout and Drives(Asphalt)(Station 239+50 to 240+60) 286-2(mod) Modified from SY to Ton Ton 4 202.00 808.00 Turnouts and Drives(6"thick Concrete)(Station 220+40 to 286-1 220+64)widen width of driveway SY 16 30.60 489.60 Turnouts and Drives(6"thick Concrete)(Station 271+40)cut 286-1 back further than plan SY 1 11 30.60 336.60 New Item 1 Excavate and Grade Swale Station 222+60 to 225+24 LS 1 1,935.00 1,935.00 Install asphalt millings(Supplied by IRC)(Station 229+80 to New Item 2 231+50) LS 1 5,513.00 5,513.00 New Item 3 Cabbage Palms 12'high, 12"dia, Station 269+50 to 270+85 EA 5 200.00 1,000.00 New Item 4 Remove and replace curb at 12th Street& 16 Street LF 100 30.00 3,000.00 New Item 5 15"Pipe with two concrete collars Fire Station LF 70 30.28 2,119.60 N m 6 Remove four oak trees-grind stumps Station 269+50 to 270+85 LS 1 3,240.00 3,240.00 Saw cut and remove existing driveway(Station 270+46 to New Item 7 270+68) LS 1 514.50 514.50 Turnout and Drives(Asphalt) (SP12.5 and SP-9.5)Build up existing driveway to match new sidewalk(Station 271+87 to New Item 8 272+66) Ton 1 117 143.92 16,838.64 New Item 9 Adjust Manhole EA 2 850.00 1,700.00 New Item 10 Turnout and Drives(Asphalt) Station 280+00 to 281+70 LS 1 600.00 600.00 New Item 11 Trench drain Station 288+65) . LS 1 850.00 850.00 Turnout and Drives(Asphalt)(Station 268+90 to 269+45)(Bill New Item 12 Bryant) LS 1 2,800.00 2,800.00 PRICE DECREASES 522-2 Sidewalk Curb Rams Station 214+43 SY 19 32.36 608.37 653-400 Pedestrian Signal Relocation Old Dixie H /8th Street EA 3 1,450.00 4,350.00 430-174-101A 12"Pie LF 1 50 18.84 942.00 Turnouts and Drives(Concrete)(Station 264+60)leave existing 286-1 Driveway SY 131 30.60 4,008.60 Pipe Culvert(Optional Material)(1 2x1 8)leave existing driveway 430-174-201 pipe LF 120 30.28 3,633.60 Turnouts and Drives(6"thick Concrete)(Station 264+60)leave 2 existing concrete 4SY, 4.4 30.60 134.64 SIDEWALK IMPROVEMENTS SUBTOTAL 51,151.18 1 131677.21 TOTAL 37 473.97 349 A Board of County Commissioners 180127th Street Vero Beach, Florida 32960 Telephone: (772) 567-8000 LORI FAX. (772) 778-9391 July 18, 2013 Leslie Wetherell Florida Department of Transportation District 4 Program Management Office 3400 West Commercial Boulevard Fort Lauderdale, FL 33309-3421 Subject: Old Dixie Highway Sidewalk Improvements CHANGE ORDER No. 2 FM No. 425710-1-58-01 Indian River County Project#1102 (W Dear Ms. Wetherell: On May 22, 2012, the Board of County Commissioners entered into the Local Agency Program (LAP) Agreement, FM # 425710-1-58-01 with the Florida Department of Transportation for the construction of a sidewalk along Old Dixie Highway. The project consists of 1 % miles of 5-foot wide concrete sidewalk along the east side of Old Dixie Highway from 8th Street to SR 60. Timothy Rose Contracting, Inc. was awarded the bid on November 13, 2012 in the amount of 325,518.37 with Change Order No. 1 in the amount of $3,809.60 bring the current contract amount to $329,327.97. The Notice to Proceed was issued to the contractor on February 11, 2013. The sidewalk project is currently under construction and is approximately 80% complete. Due to the complicated nature of the right-of-way that includes poor drainage, non-conforming driveways and parking, restricted right-of-way widths and other issues, numerous unforeseen conditions were found during construction. Various field changes were made throughout the project corridor and were addressed with Work Change Directive No. 1 utilizing our Force account. The changes include, but not limited to, additional hand rail, drainage modifications, driveway modifications, landscape modifications, curb replacements, curb ramp deletions and additions and miscellaneous sidewalk re-alignments to avoid unforeseen conflicts. The contractor has requested an additional 90 days to the contract to complete the work. 350 Page 2 Change Order No. 2,July 18, 2013 Michael Nixon, P.E., Roadway Production Manager On April 2, 2013 the County requested Change Order No. 2 in the amount of$37,461.94. To date this request has not been approved by FDOT. This request for Change Order No. 2 has been revised to reflect the total additions and deletions to date. Change Order No. 2 now totals $37,473.97, as shown in the attached Change Order form. The plans have been revised to reflect the changes in the change order. See the attached revised plan sheets 9 through 13, 17, 18, 19, 21, 27, 28, 36, 37, 38 &41. The County is requesting approval of Change Order No. 2, revised July 18, 2013 and reimbursement through a contract amendment for the additional work for the above items totaling$37,473.97 as outlined below: Original contract amount $325,518.37 Change Order No. 1 $3,809.60 Current contract amount $329,327.97 (Change Order No.2) $37,473.97 Contract amount with Change Order No. 2 5366,801.94 W Please review and respond to me regarding the acceptability of this request. If you have any questions or need further clarification or information, please contact me at (772) 226-1986 or email mnixon@ircgov.com. Sincerely, Michael D. Nixon, P.E. Roadway Production Manager Attachments: Change Order No. 2 cc: Christopher J. Kafer,Jr., P.E., County Engineer Jill Williams, Staff Assistant III Jeffrey LeClaire, P.E., FDOT Uyen Dang, P.E., FDOT FAPublic Works\ENGINEERING DIVISION PROJECTS\1102-Old Dixie Hwy Swk 8th St to SR 60- 2 LAP\Admim\correspondence\Letter to Leslie Wetherell,7-18-13 Change Order No.2.doc 351 INDIAN RIVER COUNTY, FLORIDA (W MEMORANDUM 6- TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Direct r C^"' Christopher J. Kafer,Jr., P.E., County Engine r FROM: David W. Schryver, PSM, County Surveyor SUBJECT: Selection of Continuing Professional Surveying and Mapping Services. RFQ# 2013043 - IRC Project No. 1333 DATE: August 9, 2013 DESCRIPTION AND CONDITIONS On June 3, 2013, an advertisement for RFQ No. 2013043 for the Selection of Continuing Professional Surveying and Mapping Services was posted in the Press Journal newspaper and on DEMANDSTAR,a nationwide internet-based government bid site. On July 3, 2013,fifteen (15)submittal packages were received and one (1)was subsequently disqualified. The fourteen (14)qualified firms are listed below: 1. B.S.E. Consultants, Inc. Melbourne, Florida 2. Calvin, Giordano&Associates, Inc. Fort Lauderdale, Florida (W 3. Carter&Associates, Inc. Vero Beach, Florida 4. CH Perez&Associates Consulting Engineers, Inc. Doral, Florida 5. CivilSury Design Group, Inc. Fort Pierce, Florida 6. GCY, Inc. Palm City, Florida 7. Creech Engineers, Inc. Stuart, Florida 8. Culpepper&Terpening, Inc. Fort Pierce, Florida 9. Kimley-Horn &Associates, Inc. Vero Beach, Florida 10. Masteller, Moler, Reed &Taylor, Inc. Vero Beach, Florida 11. Indian River Survey, Inc. Vero Beach, Florida 12. Morgan & Eklund, Inc. Wabasso, Florida 13. Southeastern Surveying& Mapping Corp. Orlando, Florida 14. Wantman Group, Inc. West Palm Beach, Florida The submittal packages are on file in the Purchasing Division office. A committee of five(5)staff members reviewed the fourteen(14)qualified submittal packages and agreed to have seven (7)firms do presentations on August 9, 2013. Following the presentations,the selection committee ranked the firms in the following order: 1. Carter&Associates, Inc. 2. Kimley-Horn&Associates, Inc. 3. Masteller, Moler, Reed &Taylor, Inc. F:\Public Works\ENGINEERING DIVISION PROJECTS\1333-2013 Annual Survey Services Contract\Admin\agenda items\RFQ Selection BCC agenda item 08-20-13.doc 352 PAGE TWO David W.Schryver, PSM,County Surveyor August 20,2013 Agenda Item 4. Southeastern Surveying& Mapping Corp. 5. Morgan & Eklund, Inc. 6. Creech Engineers, Inc. 7. Wantman Group, Inc. The committee recommends the top five(5)firms be placed on the list for Continuing Professional Surveying and Mapping Services: 1. Carter&Associates, Inc. 2. Kimley-Horn &Associates, Inc. 3. Masteller, Moler, Reed &Taylor, Inc. 4. Southeastern Surveying& Mapping Corp. 5. Morgan & Eklund, Inc. FUNDING Funding sources for continuing Professional Surveying and Mapping services will vary, depending on the type of project and the associated County Division. RECOMMENDATION Staff recommends approval of selection of the five(5)firms listed and requests authorization to continue contract negotiations on behalf of the County with the selected firms for the Continuing Professional Surveying and Mapping Services. DISTRIBUTION 1. David Silon, PSM,Assistant County Surveyor 2. Contract Selection Committee Members 3. Selected Firms 4. Purchasing Division Indian River County Approved Date APPROVED AGENDA ITEM Administration A6 S t3 /3 FOR August 20,2013 Budget 14 0 &Uz/ Purchasing legal ' I rl-3 BY 1'J +� (4 I3 Public Works /3 13 Engineering 9 kw F:\Public Works\ENGINEERING DIVISION PROJECTS\1333-2013 Annual Survey Services Contract\Admin\agenda items\RFQ Selection BCC agenda item 08-20-13.doc 353 PAGE TWO David W.Schryver, PSM,County Surveyor August 20,2013 Agenda Item 4. Southeastern Surveying& Mapping Corp. 5. Morgan & Eklund, Inc. 6. Creech Engineers, Inc. 7. Wantman Group, Inc. The committee recommends the top five(5)firms be placed on the list for Continuing Professional Surveying and Mapping Services: 1. Carter&Associates, Inc. 2. Kimley-Horn &Associates, Inc. 3. Masteller, Moler, Reed &Taylor, Inc. 4. Southeastern Surveying& Mapping Corp. 5. Morgan & Eklund, Inc. FUNDING Funding sources for continuing Professional Surveying and Mapping services will vary, depending on the type of project and the associated County Division. RECOMMENDATION Staff recommends approval of selection of the five(5)firms listed and requests authorization to continue contract negotiations on behalf of the County with the selected firms for the Continuing Professional Surveying and Mapping Services. DISTRIBUTION 1. David Silon, PSM,Assistant County Surveyor 2. Contract Selection Committee Members 3. Selected Firms 4. Purchasing Division Indian River County Approved Date APPROVED AGENDA ITEM Administration A6 S t3 /3 FOR August 20,2013 Budget 14 0 &Uz/ Purchasing legal ' I rl-3 BY 1'J +� (4 I3 Public Works /3 13 Engineering 9 kw F:\Public Works\ENGINEERING DIVISION PROJECTS\1333-2013 Annual Survey Services Contract\Admin\agenda items\RFQ Selection BCC agenda item 08-20-13.doc 353 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM (W TO: Joseph A. Baird, County Administrator FH 14 THROUGH: Christopher R. Mora, P.E., Public Works Director FROM: Christopher J. Kafer,Jr., P.E., County Engine r SUBJECT: F.D.O.T. Small County Outreach Program (SCOP) Agreement and Resolution Authorizing the Chairman's Signature for Construction (Resurfacing) and Construction Engineering Inspection (CEI)Services of Indian River Boulevard from SR-5/US1 to SR-656/17th Street, IRC Project No. 1302 FM No.433067-1-58-01 DATE: August 1, 2013 DESCRIPTION AND CONDITIONS Indian River County applied for and received a Small County Outreach Program (SCOP) Grant from the Florida Department of Transportation(FDOT)in the amount of$813,975.00(75%of the total estimated cost of$1,085,300.00)for the resurfacing of the northbound and southbound lanes of Indian River Boulevard from SR-5/US1 to SR-656/17th Street,as well as for construction engineering inspection(CEI)services.The County cost share is 25%or$271,325.00. FUNDING Funding for the County's cost share in the amount of $271,325.00 will be budgeted for fiscal year 2013/2014 in Account Number 10921441-053360-13815 Secondary Roads/FDOT SCOP Grant/Indian River Blvd Resurfacing US1 to 17tH RECOMMENDATION Staff recommends the Board of County Commissioners approve the attached Small County Outreach Program (SCOP)Agreement and Resolution and authorize the chairman to execute the same. ATTACHMENTS 1. Indian River County Grant Form 2. FDOT Small County Outreach Program (SCOP)Agreement FPN No.433067-1-58-01 3. Authorizing Resolution DISTRIBUTION 1. Terry Cook, Road & Bridge Superintendent Indian River County App Date® � r Administration 6 APPROVED AGENDA ITEM Budget FOR: August 20, 2013 Legal _ -( ?3 By: Public Works 8 1-3'1 J J Engineering g. 7— / F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing(SCOP)USI to 17th St\Admim\agenda items\BCC Agenda Memo 354 for Resolution for FDOT SCOP Agreement 08-01-2013.doc GRANT NAME: FDOT Small County Outreach Program(SCOP)IR Blvd(USI-17"'St) GRANT# 433067-1-58-01 AMOUNT OF GRANT: $813,975.00 IL EPARTMENT RECEIVING GRANT: Public Works CONTACT PERSON: Christopher J.Kafer,Jr.,P.E.County Engineer TELEPHONE: (772)226-1221 1. How long is the grant for? Until June 30,2015 Starting Date: When executed by FDOT 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? --X—Yes No If yes,does the grant allow the match to be In-Kind services? Yes X No 4. Percentage of match to grant 25 00 5. Grant match amount required S 271,325-00 6. Where are the matching funds coming from(i.e.In-Kind Services;Reserve for Contingency)? 7. Does the grant cover capital costs or start-up costa? Yes X No If no,how much do you think will be needed in capital costs or start-up costs: $ N/A (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? Yes X No If yes,please list. (If additional space is needed,please attach a schedule.) Acct. Description Position Position Position Position(W Position 011.12 Regular Salaries 011.13 Other Salaries&Wages(PT) 012.11 Social Security 012.12 Retirement—Contributions 012.13 Insurance—Life&Health 012.14 Worker's Compensation 012.17 S/Sec.Medicare Matching TOTAL 9. What is the total cost of each position including benefits,capital,start-up,auto expense,travel and operating? Salary and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the county over five years? 2711325 00 Grant Amount Other Match Costs Not Covered Match Total First Year $813,975.00 $ $ 271,325.00 $ 1,085,300.00 Second Year- $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year Signature of Preparer• Date: 355 Appropriation Bill Number(s)/Line Number(s) SB 2000: Contract No.: DUNS No.: 80-939-7102 Financial Project No.:433067-1-58-01 CSFA No.: 55.009 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION SMALL COUNTY OUTREACH PROGRAM AGREEMENT THIS Small County Outreach Program Agreement(hereinafter referred to as"AGREEMENT"), entered into this day of . 20 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "DEPARTMENT", and INDIAN RIVER COUNTY, hereinafter referred to as the"COUNTY". WITNESSETH WHEREAS,the DEPARTMENT has the authority,under Section 334.044, Florida Statutes,to enter into this Agreement; and WHEREAS, the Small County Outreach Program has been created by Section 339.2818, Florida Statutes, to provide funds to counties to assist small governments in resurfacing or reconstructing county roads or in constructing capacity or safety improvements to county roads;and WHEREAS, the COUNTY has certified to the DEPARTMENT that it has met the eligibility requirements of said Section 339.2818, Florida Statutes; and WHEREAS,the DEPARTMENT is willing to provide the COUNTY with financial assistance in accordance with Section 339.2818, Florida Statutes under Financial Management(FM)No.433607-1- 58-01 (Funded in Fiscal Year 2013/2014) for the Construction (resurfacing) and Construction Engineering Inspection(CEI)Services of Indian River Boulevard from SR-5/US-1 to SR-656/17'Street, hereinafter referred to as the"Project'; and WHEREAS,the COUNTY by Resolution No. dated the day of , , a copy of which is attached hereto and made a part hereof, has authorized the Chairman of its Board of Commissioners to enter into this Agreement. NOW,THEREFORE,in consideration of the mutual covenants,promises,and representations contained herein,'the parties agree as follows: 1. The recitals set forth above are true and correct and are deemed incorporated herein. 2. SERVICES AND PERFORMANCE A. The COUNTY shall furnish the services with which to construct the Project. Said Project consists of:Construction(resurfacing)and CEI services,as described in Exhibit A,Scope of Services attached hereto and made part hereof.The COUNTY is required to fulfill all of its obligations as set forth in this Agreement and to commence construction of the Project within six(6)months of the execution of this Agreement by both parties. Page 1 356 B. The COUNTY shall be responsible for the construction of the Project in accordance with all applicable federal,state and local statutes,rules and regulations,including COUNTY's standards and specifications. The COUNTY shall be responsible, at their sole cost and expense, for obtaining clearances/permits required for the construction of the Project from the appropriate permitting authorities. Upon completion of the Project, the COUNTY shall certify to the DEPARTMENT that the Project has been completed in accordance with the foregoing standards and specifications. C. The COUNTY shall furnish CEI Services for the Project at its sole cost and expense. The COUNTY is hereby precluded from hiring for CEI Services the same consulting firm providing design services. D. The DEPARTMENT will be entitled at all times to be advised,at its request,as to the status of work being done by the COUNTY and of the details thereof. Coordination shall be maintained by the COUNTY with representatives of the DEPARTMENT. E. The DEPARTMENT must approve in writing any consultant and/or contractor scope of services prior to advertising by the COUNTY.The DEPARTMENT'S written approval must be obtained before selecting any consultant for the Project.The COUNTY must certify that any consultant utilized for the Project has been selected in accordance with the Consultants'Competitive Negotiation Act(Section 287.055, Florida Statutes). In the event the COUNTY proceeds with the resurfacing of the Project with its own forces, the COUNTYwill only be reimbursed fordirect costs as described in Exhibit B attached hereto and made a part hereof(this excludes general and administrative overhead).However,before the COUNTY can proceed with its own forces, all personnel shall be pre-approved by the DEPARTMENT. F. The COUNTY shall not assign or transfer any work under this Agreement without the prior written consent of the DEPARTMENT. G. All notices.under this Agreement shall be directed to the following addresses: TO DEPARTMENT: TO COUNTY: Leos A. Kennedy, Jr. Christopher J. Kafer, Jr., P.E. Florida Dept.of Transportation Indian River County 3400 W.Commercial Blvd. 1801 27"'Street Ft. Lauderdale, Florida 33309 Vero Beach, Florida 32960 Copy to: Ellen Daniel Copy to: County's Attorney A Second Copy to: Office of the General Counsel 3. TERM A. Except as otherwise set forth herein,this AGREEMENT shall continue in effect and be binding to both the COUNTY and the DEPARTMENT until the Project is completed as evidenced by the written acceptance of the DEPARTMENT or June 30,2015,whichever occurs first,or if terminated (W earlier in accordance with Paragraph 7. B. This Agreement shall not be renewed. Any extension shall be in writing and executed by both parties, and shall be subject to the same terms and conditions set forth in this Agreement. Page 2 357 4. COMPENSATION AND PAYMENT A. The total estimated Project cost is ONE MILLION EIGHTY FIVE THOUSAND THREE HUNDRED DOLLARS AND NO CENTS.($1,085,300.00). The DEPARTMENT will fund 75% of the estimated cost of the Project which is EIGHT HUNDRED THIRTEEN THOUSAND NINE HUNDRED SEVENTY FIVE DOLLARS AND NO CENTS($813,975.00),for the Construction and CEI services of the Project. The COUNTY shall be responsible for all costs in excess of the DEPARTMENT's participation.The COUNTY'S matching participation is in the form of Local(COUNTY)funds equal to 25% of the Project costs plus the remaining portion of the accepted bid amount that exceeds the DEPARTMENT's participation.However,in the event the total Project cost is less than the estimated Project cost stated above, the DEPARTMENT shall only pay 75% of the lesser amount and all remaining costs of the Project will be paid by the COUNTY. B. The COUNTY acknowledges and agrees that funding for this Project may be reduced upon determination of the award amount and execution of an Amendment. In the event the final Project cost is less than ONE MILLION EIGHTY FIVE THOUSAND THREE HUNDRED DOLLARS AND NO CENTS ($1,085,300.00) then the balance may be paid to the COUNTY at the sole discretion of the DEPARTMENT for CEI Services. C. The COUNTY will only be reimbursed for direct costs as shown in Exhibit B (this excludes general and administrative overhead). All costs charged to the Project shall be supported by properly executed payrolls,time records, invoices, contracts or vouchers evidencing in detail sufficient to the DEPARTMENT the nature and propriety of the charges. D. The COUNTY shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the minimum level of service to be performed and the criteria for evaluating successful completion.The deliverables forthis Project are shown in Exhibit B,Pay Items. E. The COUNTY will need written approval from the DEPARTMENT, if deviating from the Items and/or CEI Classifications shown in Exhibit B. F. - The COUNTY shall submit one invoice (4 copies) in detail sufficient for pre-audit and post- audit thereof, based on the quantifiable, measurable, and verifiable units of deliverables as established in Exhibit B, plus supporting documentation required by the DEPARTMENT, to the Project Manager for approval and processing on a quarterly basis. G. Upon submission of a quarterly invoice, the Department's Project Manager will notify the DEPARTMENT's local Operations Engineer to inspect and verify that services by the County has met or does not meet the Department's standards/minimum level of service. H. Deliverables must be received and accepted in writing bythe Department's Project Manageror designee prior to any reimbursement. Supporting documentation must establish that the deliverables were received and accepted in writing by the COUNTY and that the required minimum level of service to be performed based on the (W criteria for evaluating successful completion as specified in Paragraph F has been performed. Page 3 358 DEPARTMENT shall require a statement from the Comptroller of the DEPARTMENT that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Q. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or'public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor,supplier,subcontractor,or consultant under a contract with any public entity and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. R. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. 5. INDEMNITY AND INSURANCE . A. i) When either party receives notice of a claim for damages that may have been caused by the other party in the performance of services required under this Agreement, that party will immediately forward the claim to the other party. Each party will evaluate the claim, and report its findings to each other within fourteen(14)business days and jointly discuss options in defending the claim. A party's failure to promptly notify the other of a claim will not act as a waiver or any right herein. ii) The COUNTY agrees to include the following indemnification in all contracts with contractors/subcontractors, consultants/sub-consultants, who perform work in connection with this Agreement: "The consultants, subconsultants, contractors and subcontractors shall indemnify, defend, save and hold harmless the DEPARTMENT and all of its officers, agents or employees from all suits, actions,claims,demands, liability of any nature whatsoever arising out of, because of, or due to any negligent or intentional act or occurrence of omission or commission of the consultants, subconsultants, contractors and subcontractors, their officers, agents or employees. Neither the consultants, subconsultants, contractors, subcontractors, nor any of its officers, agents or employees will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the DEPARTMENT or any of its officers, agents or employees. B. LIABILITY INSURANCE. The COUNTY shall carry and keep in force during the period of this Agreement a general liability insurance policy or policies with a company or companies authorized to (W do business in Florida,affording public liability insurance with combined bodily injury limits of at least $100,000 per person and $200,000 each occurrence, and property damage insurance of at least Page 360 $50,000 each occurrence, for the services to be rendered in accordance with this Agreement. The COUNTY shall have the DEPARTMENT endorsed as additionally insured with regards to the general liability. In addition to any other forms of insurance or bonds required under the terms of the Agreement,when it includes construction within the limits of a railroad right-of-way,the COUNTY must provide or cause its contract to provide insurance coverage in accordance with Section 7-13 of the DEPARTMENT'S Standard Specifications for Road and Bridge Construction (2010), as amended. C. WORKER'S COMPENSATION: The COUNTY shall also carry and keep in force Worker's Compensation insurance as required forthe State of Florida underthe Worker's Compensation Law. 6. COMPLIANCE WITH LAWS A. The COUNTY shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes,and made or received by the COUNTY in conjunction with this Agreement. Failure by the COUNTY to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the DEPARTMENT. B. The COUNTY shall comply with all federal,state and local laws and ordinances applicable to the work or payment for work thereof,and shall not discriminate on the grounds of race,color,religion, sex or national origin in the performance of work under this Agreement. C. No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch, or a state agency. D. The COUNTY and the DEPARTMENT agree that the COUNTY, its employees, agents, contractors,subcontractors,consultants,and/or subconsultants are not agents of the DEPARTMENT as a result of this Agreement for purposes other than those set out in Section 337.274, Florida Statutes. E. The COUNTY will comply with the Federal and State Audit provisions and the Single Audit Compliance Requirements set forth in Exhibit C and Exhibit D, respectively, which are attached hereto and made part of this Agreement. F. E-Verifv, The COUNTY/Vendor/Contractor: 1) shall utilize the U.S. Department of Homeland Security's E-verify system to verify the employment eligibility of all new employees hired by the COUNTY/Vendor/Contractor during the term of the contract; and 2) shall expressly require any subcontractors performing work or providing services- pursuant to the state contract to likewise utilize the U.S.Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 7. TERMINATION AND DEFAULT A. This Agreement may be terminated by either party upon default by the other party. Further, this Agreement may be terminated by the DEPARTMENT in whole or in part at any time the interest of the DEPARTMENT requires such termination. The DEPARTMENT also reserves the right to seek termination or cancellation of this Agreement in the event the COUNTY shall be placed in either Page 6 361 voluntary or involuntary bankruptcy. The DEPARTMENT further reserves the right to terminate or (IW cancel this Agreement in the event an assignment is made for the benefit of creditors. B. If the Agreement is terminated before performance is completed,the COUNTY shall be paid for actual costs incurred that have not been invoiced or paid,forwork satisfactorily performed prior to the date of termination. 8. MISCELLANEOUS A. All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. B. The DEPARTMENT shall not be obligated or liable hereunder to any party not a party to this Agreement. C. In no event shall the making by the DEPARTMENT of any payment to the COUNTY constitute or be construed as a waiver by the DEPARTMENT of any breach of covenant or any default which may then exist,on the part of the COUNTY, and the making of such payment by the DEPARTMENT while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the DEPARTMENT with respect to such breach or default. D. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements,or understandings applicable to the matter contained herein, and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from terms hereof shall be predicated upon any prior representation or agreements whether oral orwritten. It is further agreed that no modification,amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. E. If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction or by any other legally constituted body having the jurisdiction to make such determination,the remainder of this Agreement shall remain in full force and effect provided that the part of this Agreement thus invalidated or declared unenforceable is not material to the intended operation of this Agreement. F. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any judicial proceedings arising out of this Agreement shall be in Broward County, Florida, or as otherwise agreed to by the parties. G. This Agreement shall be effective upon execution by both parties. Page 7 IN WITNESS WHEREOF, the COUNTY has caused this Agreement to be executed in its behalf this day of , 20_, by the Chairman of the Board of Commissioners, authorized to enter into and execute same by Resolution Number of the Board on the day of , 20 ,and the DEPARTMENT has executed this Agreement through its District's Director of Transportation Development, District Four, Florida Department of Transportation. The effective date of this AGREEMENT shall be the execution date by the DEPARTMENT as stated on Page 1 of this AGREEMENT. INDIAN RIVER COUNTY, FLORIDA ATTEST: BY: Clerk of Court(SEAL) NAME: Joseph E. Flescher TITLE:Chairman,Board of County Commissioners Approved as to Form and Correctness: r (w County Attorney r STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ATTEST: BY: EXECUTIVE SECRETARY (SEAL) GERRY O'REILLY, P.E. DIRECTOR OF TRANSPORTATION DEVELOPMENT - DISTRICT FOUR APPROVED: LEGAL REVIEW: (W BY: BY: DISTRICT PROGRAM MANAGEMENT ENGINEER OFFICE OF THE GENERAL COUNSEL Page 8 363 Exhibit A Scope of Services (W FM# 433067-1-58-01 This Project will consist of construction (resurfacing) and Construction Engineering Inspection(CEI) services of an existing 1.741 mile pavement section of Indian River Boulevard from SR-5/US-1 to SR656/17t' Street,which consists of milling the existing asphalt and constructing a 1"of type SP-9.5 Superpave asphalt. The Project work will also include but is not limited to regrade of shoulders, assembly of vehicle detector assemblies at two intersections, roadway striping and signage, installation of new bahia sod, and Maintenance of Traffic(MOT). Page 9 364 Exhibit B DELIVERABLES Indian River Boulevard Resurfacing (US-1 to 17th Street) Indian River County, Florida ITEM ESTIMATED UNIT QTYS. GENERAL _�_ MOBILIZATION TO INCLUDE PUBLIC CONSTRUCTION BOND 1 LS_ MAINTENANCE OF TRAFFIC 1 LS _ EROSION AND WATER POLLUTION CONTROL 1 LS _ REGRADE&COMPACT SHOULDER(INCLUDING EXISTING BASE UNDER PAVED SHOULDER) 21,587 SY _ MILLING EXISTING ASPHALT PAVEMENT 1" DEPTH 69,151 SY SUPERPAVE ASPHALTIC CONCRETE 1"SP-9.5 69,151 SY. PERFORMANCE TURF-SODDING BAHIA 7,195 SY - PERFORMANCE TURF_-SODDING FLORATAM __ 7,196 SY VEHICLE DETECTOR ASSEMBLY ECONOLITE 2 AS RPM BI-DIRECTIONAL AMBER/AMBER 241 _ _LF-^ RPM BI-DIRECTIONAL WHITE/RED 734 LF THERMOPLASTIC, STANDARD,WHITE, SOLID 6" 22,057 LF__ THERMOPLASTIC, STANDARD, WHITE, SOLID 8" 155 �LF _ THERMOPLASTIC, STANDARD, WHITE, SOLID 12" 1,070 LF _ THERMOPLASTIC, STANDARD,WHITE, SOLfD 18" 407 LF _ THERMOPLASTIC, STANDARD, WHITE, SOLID 24" 201 LF__ THERMOPLASTIC, STANDARD, WHITE, SKIP, 6" (2'-4' 389 LF THERMOPLASTIC, STANDARD, WHITE, SKIP,6" 6'- 10') 3,309 LF THERMOPLASTIC, STANDARD, WHITE, SKIP, 6" (10' -30' 16,395 LF THERMOPLASTIC, PAVEMENT MESSAGE ONLY 6 EA THERMOPLASTIC, STANDARD, WHITE,ARROW LEFT ONLY 40 EA_ THERMOPLASTIC, STANDARD, WHITE,ARROW STRAIGHT OR RIGHT 7 EA THERMOPLASTIC, STANDARD,WHITE, ARROW RIGHT ONLY) 29 EA THERMOPLASTIC, STANDARD, WHITE,ARROW U-TURN ONLY 2 EA THERMOPLASTIC, STANDARD,YELLOW, SOLID 6" 16,745 LF THERMOPLASTIC, STANDARD,YELLOW, SOLID 6" DOUBLE 290 LF THERMOPLASTIC, STANDARD,YELLOW, SOLID 18" 13 LF THERMOPLASTIC, STANDARD,YELLOW, SKIP, 6" 6'-10' 230 LF THERMOPLASTIC, STANDARD,YELLOW, SKIP, 6" 2'-4' 92 LF CEI CLASSIFICATIONS SR. PROJECT ENGINEER PROJECT ADMINISTRATOR SR. INSPECTOR INSPECTOR INSPECTOR'S AIDE QUALITY CONTROL QC MANAGER EARTHWORK CONSTRUCTION INSPECTOR LEVEL 1 EARTHWORK CONSTRUCTION INSPECTOR LEVEL 2 _ Page 10 365 ASPHALT PAVING TECHNICIAN LEVEL 1 ASPHALT PAVING TECHNICIAN LEVEL 2 * The County will need written approval from the Department, if deviating from the deliverables and/or CEI classifications shown in the Table above. (6W Page 11 366 PART 11: STATE FUNDED Recipients of state funds(i.e. a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes) are to have audits done annually using the following criteria: 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of$500,000 in any fiscal year, the recipient must have a State single or project- specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services and the CFO;and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. This agreement indicates state financial assistance awarded through the Department by this agreement. In determining the state financial assistance expended in its fiscal year,the recipient shall consider all sources of state financial assistance,including state financial assistance received from the Department, other state agencies,and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II,paragraph 1,the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than$500,000 in state financial assistance in its fiscal year,an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. However,if the recipient elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4: State awards are to be identified using the Catalog of State Financial Assistance(CSFA)title and number, award number and year, and name of the state agency awarding it. PART III: OTHER AUDIT REQUIREMENTS The recipient shall follow up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the FDOT,the Department of Financial Services, and the Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB CircularA-133,as revised, and required by PART.I of this agreement shall be submitted, when required by Section .320(d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to (W each of the following: Page 13 368 A. The Department at the following address: Florida Department of Transportation 3400 W. Commercial Blvd. Ft. Lauderdale, FL 33309 Karen Maxon, District Single Audit Liaison B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised,should be submitted to the Federal Audit Clearinghouse),at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. In the event that a copy of the reporting package for an audit required by PART I of this agreement and conducted in accordance with OMB Circular A-133,as revised,is not required to be submitted to the Department for reasons pursuant to Section .320(e)(2), OMB Circular A-133, as revised, the recipient shall submit the required written notification pursuant to Section .320(e)(2)and a copy of the recipient's audited schedule of expenditures of Federal awards directl to the following: Florida Department of Transportation (W 3400 W. Commercial Blvd. Ft. Lauderdale, FL 33309 Karen Maxon, District Single Audit Liaison In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c),OMB Circular A-133,as revised,and any management letters issued by the auditor,to the Department at the following address: Florida Department of Transportation 3400 W. Commercial Blvd. Ft. Lauderdale, FL 33309 Karen Maxon, District Single Audit Liaison 3. Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department at the following address: Florida Department of Transportation 3400 W. Commercial Blvd. Ft. Lauderdale, FL 33309 Karen Maxon, District Single Audit Liaison (W Page 14 369 B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or the management letter required by PART III of this agreement shall be submitted by or on behalf of the recipient directly to: A. The Department at the following address: Florida Department of Transportation 3400 W. Commercial Blvd. Ft. Lauderdale, FL 33309 Karen Maxon, District Single Audit Liaison 5. Any reports, management letter, or other information required to be submitted to the Department pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes,and Chapters 10.550(local governmental entities)or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients,when submitting financial reporting packages to the Department foraudits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION 1. The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of at least five years from the date the audit report is issued,and shall allow the Department,or its designee,CFO,or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department,or its designee,CFO,or Auditor General upon request for a period of at leastfive years from the date the audit report is issued, unless extended in writing by the Department. Page 15 370 RESOLUTION NO. 2013- RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION AUTHORIZING THE CHAIRMAN'S EXECUTION OF A SMALL COUNTY OUTREACH PROGRAM AGREEMENT FOR CONSTRUCTION (RESURFACING) AND CONSTRUCTION ENGINEERING INSPECTION (CEI) SERVICES OF INDIAN RIVER BOULEVARD FROM SR-5/US1 TO SR-656/17'STREET WHEREAS, the resurfacing of Indian River Boulevard from SR-5/US1 to SR-656/17th Street is an Indian River County priority project; and WHEREAS,the Florida Department of Transportation (FDOT) is prepared to provide funds to pay a portion of the cost for resurfacing of Indian River Boulevard from SR-5/US1 to SR-656/17th Street, as well as Construction Engineering Inspection (CEI) services under the Small County Outreach Program (SCOP); and WHEREAS, the Indian River County Board of County Commissioners is responsible for paying 25 percent of the cost of the project costs as its portion of the required local match. NOW,THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman of the Board is hereby authorized to make, execute, and deliver to the State of Florida, Department of Transportation, a Small County Outreach Program Agreement for the aforementioned project. The foregoing resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and, upon being put to a vote,the vote was as follows: Chairman Joseph E. Flescher Vice-Chairman Wesley S. Davis Commissioner Peter D. O'Bryan Commissioner Bob Solari Commissioner Tim Zorc The Chairman thereupon declared the resolution passed and adopted this day of , 2013. BOARD OF COUNTY COMMISSSIONERS OF INDIAN RIVER COUNTY, FLORIDA By Joseph E. Flescher, Chairman Attest: Jeffrey R. Smith, Clerk of Court&Comptroller B y. f County Attorney Deputy Clerk Approved as to Form and Legal Sufficiency F:\Public Works\ENGINEERING DIVISION PROJECTS\1302-IR Blvd Resurfacing(SCOP)USI to 17th St\Admim\agenda items\Resolution SCOP Agreement 08-01-2013.doc 372 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director C4-A-- AND Christopher J. Kafer,Jr., P.E., County Engine FROM: Michael D. Nixon, P.E., Roadway Production Manager SIU SUBJECT: Amendment No. 1 to Work Order No. 1 Dunkelberger Engineering and Testing, Inc. for 66th Avenue Roadway Improvements-Phase 2 (4th Street to 16th Street) IRC Project No. 98106 DATE: August 9, 2013 DESCRIPTION AND CONDITIONS On April 3 2012 the Board of Count Commissioners approved Work Order No. 1 with p Y Dunkelberger Engineering and Testing,Inc.to provide testing services for the construction of 66th Avenue Roadway Improvements, Phase 2 (4th Street to 16th Street) in the amount of $85,497.00. Amendment No. 1 to Work Order No. 1 is to provide additional testing services for the project. Work Order No. 1 was prepared based on an estimate of testing services needed during construction operations. The project is now more than 50% complete and it is apparent that more testing services are required than previously estimated. Dunkelberger Engineering and Testing, Inc. has submitted a proposal outlined in the attached Amendment No. 1 and Scope of Services (Exhibit A) for a not-to-exceed amount of $42,060.00, for a contract total of$127,557.00. FUNDING Funding is budgeted and available from the following accounts: Traffic Impact Fees/District 3 Account No. 10215341-066510-02031 66th Avenue(4th Street-12th Street) ($28,040) (W Traffic Impact Fees/District 2 Account No. 10215241-066510-06021 66th Avenue(12th Street-SR60) ($14,020) 373 Page 2 66th Avenue Roadway Improvements— Phase 2 (4th Street to 16th Street) Michael D. Nixon, P.E., Roadway Production Manager (W For August 20, 2013 BCC Meeting RECOMMENDATION Staff recommends approval of Amendment No. 1 to Work Order No. 1 with Dunkelberger Engineering and Testing, Inc. authorizing the above-mentioned professional services as outlined in the attached Scope of Services (Exhibit A) and requests the Board to authorize the Chairman to execute the attached Amendment No. 1 on their behalf for a not-to-exceed amount of$42,060.00 ATTACHMENTS 1. Amendment Ito Work Order No. 1 with Dunkelberger Engineering and Testing,Inc. 2. Exhibit A—Scope of Services DISTRIBUTION 1. Craig E. Dunkelberger, P.E., Dunkelberger Engineering and Testing, Inc. (W APPROVED AGENDA ITEM FOR August 20, 2013 BY `� �i Indian River County Approved Date Administration -Af> f/�a� Budget g l i113 Legal Public Works Engineering 374 Board of County Commissioners 180127th Street (W Vero Beach, Florida 32960 Telephone: (772)567-8000 FAX: (772)-778-9391 Field and Laboratory Quality Control (QC) for . 66th Avenue Roadway Improvements, Phase 2 (4th Street to 16th Street) IRC Project No.98106 AMENDMENT NO. 1 to WORK ORDER NO. 1 FOR FOR PROFESSIONAL GEOTECHNICAL SERVICES AGREEMENT FOR ANNUAL GEOTECHNICAL SERVICES CONTRACT RFQ No. 2010021 WITH DUNKELBERGER ENGINEERING AND TESTING, INC. All services performed under this contract shall be supervised and certified by a licensed Professional Engineer(PE) registered with the State of Florida and staff employed directly with your firm. (W Scope of Services All work shall be performed on a unit price basis in accordance with the attached Scope of Services (Exhibit A) dated August 6, 2013 and shall comply with Standards enumerated in the ANNUAL GEOTECHNICAL SERVICES CONTRACT, RFQ 2010021 WITH DUNKELBERGER ENGINEERING AND TESTING, INC. Effective Date: March 2,2010. Minimum Specification Requirements as follows: Soil Compaction Standard modified Proctors Limerock Bearing Ratio(LBR) Concrete Compressive Strength Testing Laboratory testing Engineering reporting All work shall also comply with the current Florida Minimum Technical Standards. (W F:1Poblie Works\ENG[NEERING DTt'ISION PROJECTS\9810B-66th Ave Ph 2 4th St to 16th St.Admim\agenda iterts\Amendm nt No.1 DUNKELBERGER 8-20-13 mm.doc 375 DRNHURCRGRR . Fort Lauderdale engineering . Port Saint Lucie &testing,inc. . Sarasota A ryIlrerrocancoMPANY • West Palm Beach Indian River County August 6,2013 180127t"Street Project No.PSL-HB093054 Vero Beach,Florida 32960 (PSL-09-3054 BOMA) Attention: Mr. Michael D.Nixon,P.E....via a-mail. (nnixon@ircgov.com) Subject: Constratction Materials Testing Sejwices 66t"Avenue Roadway Improvements—Phase 11 EXHIBIT A Indian River County,Florida Dear Mr.Nixon: We respectfully submit this changer order request for Dunkelberger Engineering and Testing, A Terracon Company, to Indian River County for the above referenced project to cover the costs associated with the following remaining work as provided by Mr.Don Keith with the County, - In-place density testing during backfilling of 22 drainage structures. Estimate .13.2 in- place density tests based on an average depth of 6 feet at bottom. - In-place density testing during backfilling of the 6,527 lineal feet (I.F) of storm pipe. Estimate 738 in-place density tests based on a production rate of 80 LF per day and an (W average depth of 6 feet at invert. - In-place density testing for 8,100 LF of roadway/embauknient fill. Estimate 120 in-place density tests based on a testing frequency of one test per 500 LF and an embankment thickness of 3 feet. - In-place density tests for the 11,600 LF of stabilized subgrade and base course layers. Estimate 160 in-place density tests based on a testing frequency of one test per 500 LF (per direction)and a total of 3 lis (I lift of subgrade and 2 lis of base). - In-place density tests at the subgrade for the approach slabs, curb pads, and sidewalks prior to concrete placement.Estimate 150 in-place density tests - Laboratory testing: (1) Estimate 15 Limerock Bearing Ratio (LBR) tests for stabilized subgrade(one per 1,000 LF) and base course(one per 4,000 LF)within the roadways; (2) Estimate 10 laboratory moisture-density relationship (Proctor) tests, and (3) Estimate 80 compressive strength tests of concrete cylinders. The changes to the Contract result in an increase of$42,060.00, as shown in Table 1 on the next page,necessary to cover the remaining work,providing for a contract total of$127,557.00. (W State of Florida Board of Professional Engineers Authorization No.6870 Toll Free(877)643.6832 377 Indian River County Page 2 Project No. PSL-HB091504 Table 1: Estimated Scope and Budget Service Work Scope Budget Estimate Quantity Unit Price Amount Field Density Soil and base rock sampling and 1300 test $23 $29,900 Testing In-place density testing Standard/modificd Proctors 10 test $86 $860 Laboratory L merock Bearing Ratio(LBR) 15 test $300 $4,500 Testing Concrete Compressive Strength 80 sets $85 $6,800 Estimated Total: $429060 We ask that your office review this request and provide direction at your earliest convenience regarding approval. As always,your time and assistance with this review are greatly appreciated. Do not hesitate to contact the at my direct number at(772) 621-5609 if you have any questions or concerns regarding this submittal. Very truly yours, DUNKELBERGER ENGINEERING &TESTING,INC. A TERRAC COMPANY Xiaoyan(Sue)Zheng,PhD,PE Craig E.Dunkelberger,P.E. Project Engineer Senior Associate HB091054.COR I 11W DUHKELKEKGED 378 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Director 0fV___1 FROM: Christopher J. Kafer,Jr., P.E., County Engine SUBJECT: Selection of Continuing Environmental and Biological Support Services for Civil and Environmental Engineering Projects RFQ# 2013044 IRC Project No. 1334 DATE: August 7, 2013 DESCRIPTION AND CONDITIONS On June 5,2013, an advertisement for RFQ No. 2013044 for the Selection of Continuing Environmental and Biological Support Services for Civil and Environmental Engineering Projects was posted in the Press Journal newspaper and on DEMANDSTAR,a nationwide internet-based government bid site. On July 10, 2013, eleven (11)submittal packages were received from the firms shown below: Anderson, Coker& Elliot, Inc. Jacksonville, Florida Atlantic Environmental Solutions, Inc. Melbourne, Florida (W Bio-Tech Consulting, Inc. Vero Beach, Florida Cardno ENTRIX Vero Beach, Florida Coastal Technology Corporation Vero Beach, Florida Crossroads Environmental Consultants, Inc. Palm City, Florida Ecological Associates, Inc. Jensen Beach, Florida Florida Environmental Consulting, Inc. Vero Beach, Florida G.K. Environmental, Inc. Vero Beach, Florida Hobe Sounds Environmental Consultants, Inc. Hobe Sound, Florida Kimley-Horn &Associates, Inc. Vero Beach, Florida The submittal packages are on file in the Purchasing Division office. A committee of five(5)staff members reviewed the eleven(11)qualified submittal packages and agreed to have seven (7)firms do presentations on August 7, 2013. Following the presentations,the selection committee ranked the firms in the following order: 1. G.K. Environmental, Inc. 2. Kimley-Horn &Associates, Inc. 3. Cardno ENTRIX 4. Coastal Technology Corporation 5. Florida Environmental Consulting, Inc. 6. Hobe Sound Environmental Consultants, Inc. (1W 7. Bio-Tech Consulting, Inc. RAPubhe Works\ENGINEERING DIVISION PROJECTS\1334 2013-2015 RFQ Cont Environ and Bio Support Services\Admin\agenda items\RFQ Selection BCC agenda memo 08-20-13.doc 379 PAGE TWO Christopher J. Kafer,Jr., P.E.,County Engineer August 20,2013 Agenda Item (W The committee recommends the top three (3)firms be placed on the list for Continuing Environmental and Biological Services for Civil and Environmental Engineering Projects: 1. G.K. Environmental Consultants, Inc. 2. Kimley-Horn &Associates, Inc. 3. Cardno ENTRIX FUNDING Funding sources for continuing environmental and biological support services will vary,depending on the type of project and the associated County Division. RECOMMENDATION Staff recommends approval of selection of the three(3)firms listed and requests authorization to continue contract negotiations on behalf of the County with the selected firms for the Continuing Environmental and Biological Support Services for Civil and Environmental Engineering Projects. DISTRIBUTION 1. Keith McCully, P.E., Stormwater Engineer 2. James Gray, Coastal Engineer 3. Andrew Sobczak,Senior Planner 4. Roland DeBlois, Environmental &Code Enforcement Chief 5. Selected Firms 6. Purchasing Division Indian River County Approved Date APPROVED AGENDA ITEM Administration v I S/13 FOR Au ust 20 2013 Budget 13 t3 Legal ✓f-2 -— -- BY Purchasing Purchasing Public Works Engineering FAPublic Works\ENGINEERING DIVISION PROJECTS\1334 2013-2015 RFQ Cont Environ and Bio Support Services\Admin\agenda items\RFQ Selection BCC agenda memo 08-20-13.doc 380 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM (W �KK TO: Joseph A. Baird, County Administrator THROUGH: Christopher R. Mora, P.E., Public Works Directo Christopher J. Kafer,Jr., P.E., County Engine r FROM: Michael D. Nixon, P.E., Roadway Production Manager /V SUBJECT: Amendment No. 4 to Work Order No. 1—G.K. Environmental, Inc. Oslo Road Boat Ramp IRC Project No. 0381 DATE: August 9, 2013 DESCRIPTION AND CONDITIONS In 2009,the Oslo Road Boat Ramp was improved by replacing the old boat ramp, bulkheads and constructing new wooden docks. The County now desires to pursue a vehicle and boat trailer parking area, maintenance dredging, roadway paving, dock extension and other incidentals (W necessary to improve the facility. The permitting process has encountered extensive delays and additional environmental services will be required to assist in the remainingworkto acquire all of the necessary permits. On September 8,.2009, the Board of County Commissioners approved Work Order No.1 to the Continuing Contract Agreement for Professional Services with G. K. Environmental, Inc. and Amendment Nos. 1 through 3 have been approved for additional services, bringing the current total for the agreement to $79,685.00. This proposed Amendment No. 4 includes additional environmental services beyond the current scope of services required to address continuing permitting issues with state and federal agencies in order to complete the permitting process. The amendment also includes pre-bid services to assist in the bidding process and additional construction inspection and monitoring services. Attached please find Amendment No. 4 from G. K. Environmental, Inc. to perform additional environmental services for a not-to-exceed fee of$19,705.00. Amendment No.4 will increase the total amount to $99,390.00. F:\Public Works\ENGINEERING DIVISION PROJECTS\03SIB-OSLO BOAT RAMP Phase II\Admim\agenda items\Agenda's & Contracts\Oslo Boat Ramp 381 GK Environmental - Amendment No 4 to W. O. No.1, 8-20-13.doc Board of County Commissioners Administration-Building A(South) 180127th Street Vero Beach,Florida 32960 Telephone: (772)567-8000 FAX: 772-778-9391 Project: OSLO BOAT RAMP—IRC PROJECT NO. 0381 AMENDMENT NO.4 TO WORK ORDER NO.1 (Engineering) FOR PROFESSIONAL SERVICES AGREEMENT WITH G.K. ENVIRONMENTAL, INC. This is an amendment to the existing Work Order No.1 dated September 8, 2009, including AMENDMENTS NUMBER 1 through 3, in accordance with the PROFESSIONAL SERVICES AGREEMENT dated March 16, 2008 as amended by renewal August 16, 2011 between G.K. ENVIRONMENTAL, INC. (CONSULTANT) and INDIAN RIVER COUNTY (COUNTY). The proposed scope of work includes design changes, meetings with the Army Corps of Engineers (ACOE) and St. Johns River Water Management District SJRWMD staff and subsequent agency requests for design and mitigation plan revisions and additional information from State, Federal permitting agencies and their commenting agencies,additional environmental assistance to the County will be required to complete this project. All provisions of Work Order No. 1, including Amendment Nos. 1 through 3, shall remain in full force and effect, unless otherwise specifically modified. This amendment addresses changes in "SCOPE OF SERVICES", "COMPENSATION" and "TIME OF COMPLETION'of Work Order No. 1 as follows: SCOPE OF SERVICES TASK ($10,795.00) CONSULTANT will assist COUNTY with technical support regarding issues required to obtain the pending permits from the Army Corps of Engineers (ACOE) and St.Johns River Water Management District (SJRWMD). (NOTE:Any permit challenges are unknown at this time and may require an additional amendment to this task to address the legal and technical aspects of the challenges.) TASK II ($1,760.00) CONSULTANT will assist COUNTY with bid document preparation for onsite construction, dredging andoff site mitigation construction. TASK III ($1,650.00) CONSULTANT will assist COUNTY with Pre-bid meetings for scope clarification to the contractors and receive input on alternative construction techniques. CONSULTANT will assist COUNTY with meetings onsite with dredging companies to review project. F.-Tublic Works\ENGINEERING DIVISION PROJECTS\03818-OSLO BOAT RAMP Phase IM,dmimlagenda itemsWgenda's S ContractsM Amendment No.4, 8-20-13.doc 383 GK Environmental,Inc. Oslo Road Boat Ramp Amendment No.4 to Work Order No.1 August 20,2013 Le Page 2 of 2 TASK IV ($5,500.00) CONSULTANT will assist COUNTY with post construction and compliance monitoring during and after construction. (NOTE: Agency specific permit conditions are unknown at this time, which may require an additional amendment to this task after the permits are received and reviewed.) TIME OF COMPLETION G.K. Environmental, Inc. shall proceed in a reasonable time upon receipt of notice to proceed to complete the additional design services, as determined as necessary by the COUNTY, of this Amendment No. 4. Inspection services to run concurrently with the construction for the Oslo Boat Ramp Improvements, maintenance dredging and mitigation. COMPENSATION The section of Work Order No. 1 entitled COMPENSATION shall be revised in response to the estimated Scope modifications(Tasks I through IV)set out herein.The charges will be invoiced on a not-to-exceed hourly basis per Exhibit A,G.K. Environmental Fee Schedule: Fees for Environmental Services: (W TASKS 1 through IV Not-to-exceed $ 19,705.00 Work Order No. 1 is hereby amended as specifically set forth herein. All remaining sections of Work Order No. 1 shall remain in full force and effect,and are incorporated herein. In WITNESS whereof the parties have executed Amendment No.4 this Day of 2013. G. K. VIRONMENTAL, INC INDIAN RIVER COUNTY, FLORIDA Ger a Kul cki, s n Joseph E. Flesher,Chairman Board of County Commissioners Witnessed by: Approved by BCC 9 - Attest: X/ ;�1 '' Jeffrey R.Smith, Clerk of Court and Comptroller �.-. Dylan Reingold,County Attorney Deputy Clerk Approved as to Form and Legal Sufficiency 4) '), 9)'rz�' ?oseph4fBPaird,County Administrator F:\Puhlic Works\ENGINEERING DIVISION PROJECTS\03816-OSLO BOAT RAMP Phase IlWdmim\agenda itemAAgenda's R Contracts\GK Amendment No.4,8-20-13.doc 384 G. K. ENvIRONWNTAL, INC. Environmental Consulting (W GEORGE R KULCZYCKI,CEC,CES,CEI 155 McKee Lane Vero Beach,FL 32960 Phone 772-567-9129 Fax 772-567-6245 Email Qke(a,me.com _T — �•� —^`..— -"`" .. .. ^-.:.,F.+ X9" HIBIT" r Exhibit A G. K. Environmental, Inc. Hourly Rates & GKE Subcontractor hourly Rates 2012/2013 G.K.Environmental,Inc.Hourly Rates President, Principal Ecologist........................................................... $110.00/hour(or lump sum) Administrative Assistance.................................................................... 35_00/hour(or lump- sum)-. . GKE boat/fuel/associated sampling equipment............................ $ 65.00/hour(or lump sum) Phase I Audits/Environmental Site Assessments...................... GKE Standard Fee: (includes historic site reviews/inspections, and evaluations $2,875.00 (<3.0 acre site) of: hazardous waste, preliminary endangered &threatened species, and approximate wetland locations) G. K.Environmental,Inc.Subcontractor Services Landscape&Maintenance Service......................................... per bid/event Archaeological Service...................................................... per bid/event CADOperator..................................................................................... $ 70.00 per hour FieldAssistant I. ................................................................................ $ 40.00 per hour Field Assistant II Biologist/Chemist..................................... $ 75.00 per hour (W 385 CONSENT 9U_ INDIAN RIVER COUNTY, FLORIDA (W AGENDA ITEM Office of Assistant County Administrator Department of General Services Date: August 1,2013 To: The Honorable Board of County Commissioners Thru: Joseph A. Baird, County Administrator From: Michael C:Zito,Assistant County Administrator/ Department of General Services Subject: Approval of Lease Agreement with Indian River Lacrosse Association,Inc. BACKGROUND: Indian River County owns and operates Dick Bird Park (aka South County Regional Park) located at 800 20`h Avenue SW, Vero Beach, Florida. The Park opened in 1992 and Phase II was completed in 2001. The Park currently features 4 competitive baseball/softball fields with concession stand, press box, restrooms, 2 practice diamonds, 2 tennis courts, 2 basketball courts, and playground including a play center, swing sets, picnic tables with pavilion and open green space for outdoors sports. In 1992, as part of Phase I of the Park Master Plan, approximately 10 acres on the south side of the park were graded for 4 multipurpose athletic fields which have since served the community as active recreational green space. Growth within the County has led to increased demand for utilization of the green space area to accommodate lacrosse programs and tournaments. On July 19, 2011, the Board of County Commission approved the design and construction of four multi-purpose athletic fields with the understanding that the "proposed facility once improved will also be attractive to a public private partnership under a lease maintenance agreement." (BCC Agenda Memorandum dated July 8, 2011). Since that time, various organizations dedicated to the growth and development of youth lacrosse programs in Indian River County have united to form the Indian River Lacrosse Association, a Florida Non-Profit Corporation ("IRLAX"). ANALYSIS : As currently developed, South County Park recreational programming and tournament play is limited to baseball and softball. Over the past several years, organized competitive lacrosse has become the County's fastest growing sport limited only by the growing need for additional facilities. IRLAX has a present need for the new multi-purpose fields to facilitate its lacrosse programs, activities, and regional tournaments in Indian River County. Staff proposes that leasing the athletic fields to IRLAX on a long term basis would serve the public interest by providing a useful amenity for the recreational and competitive enjoyment of lacrosse in Indian River County. This public private partnership is modeled after the County's partnership with the Indian River Soccer Association which has been successfully operating under a similar agreement since 1994. Under the Soccer Association Lease, County land is utilized by the non-profit entity which f maintains the facility in its entirety with no funding or in kind contribution from the County. According to the proposed Lease Agreement, IRLAX would utilize the property under terms substantially similar to the Soccer Association lease. The lease calls for a term of 20 years. Rent BCC Memo-Lease Agreement with Indian River Lacrosse Association Inc.doc 386 Page Two August 1, 2013 is set a $1 annually, however; IRLAX would be solely responsible for the maintenance and operation of the facility including concessions, equipment, maintenance of buildings and grounds, irrigation, lighting, and utility bills. Much like the Indian River Soccer Association, MAX is dedicated to the development of young athletes, as well as attracting regional tournaments to generate a positive impact to our local economy. The County Recreation Department does not have a soccer program. Inquiries concerning soccer are directed to the Soccer Association and the Association places all participants into their program. In the Lease, IRLAX promises to place all interested players in the program, essentially acting in place of the County Recreation Department, thus accomplishing the public private partnership. FUNDING: No County funding or in kind contribution is required under the terms of the proposed Lease Agreement. Staff estimates that the landscape maintenance cost alone carry a commercial market value of $3000 per month, which will be solely borne by IRLAX along with the other costs mentioned above. RECOMMENDATION: Staff recommends approval of the attached Lease Agreement and Resolution with authorization for the Chairman to execute the Agreement on behalf of the County. (W Attachments: 1. Lease Agreement 2. Resolution Approved Agenda Item Indian River Co. Approved Date Administration /J-Joseph A.Baird County Attorney -1y 1 County Administrator Budget Department .13-13 FOR: August 20,2013 Risk Management BCC Memo-Lease Agreement with Indian River Lacrosse Association Inc.doc 387 1. Term of Lease: Rental. The County shall lease to IRLAX the Properly for the (W term of twenty (20) years at a rental of one dollar ($1.00) per year. This Lease Agreement (Agreement) shall be extended upon mutually agreeable terms, automatically for an additional twenty (20) years under terms similar to the original lease, unless one party notifies the other party in writing of its intent to not renew at least one hundred eighty (180) days prior to the expiration of a twenty-year period. 2. Use of The Property. The Property shall be used by IRLAX for the purpose of managing and maintaining the Property to foster the growth, recognition and development of its lacrosse student athlete programs. The Site Plan, attached to this Agreement as Exhibit "A", identifies the Property subject to this Lease. Substantial changes may be made to the Agreement and. Plan only with the approval of the County and the Board of the IRLAX. Use, fees, scheduling and operational hours of the Property shall be solely controlled by IRLAX except as provided otherwise herein, pursuant to applicable County regulations. 2.1 Use of the Propertv by the Public. IRLAX may, upon approval by the County and receipt of proof of insurance as defined in paragraph 4, permit other sports programs to use the Property. IRLAX will develop and operate a youth lacrosse program open to all youth of Indian River County. 2.2 Maintenance. IRLAX shall be responsible for mowing, fertilizing, weeding, irrigating and marking of all fields within the Property. IRLAX shall be responsible for maintenance and repairs of the structures, fencing, irrigation system, and lighting system of the Property, including light bulb replacement. 2.3 Utilities. IRLAX shall pay utilities and trash removal for the Property and provide for trash removal from the Property. 2.4 Equipment and Storage. IRLAX may store equipment on the Property either in a building constructed and owned by the County that is suitable and designed for storage or in their own structure that conforms to the applicable County codes. 3. Concessions. IRLAX shall manage and operate the concession building during IRLAX activities within the Property. Any license for operation of concessions shall be the responsibility of IRLAX. IRLAX shall maintain the concessions building and bathrooms located within the concession building for all IRLAX activities in a clean and orderly working condition. Operations of concessions during special events as described in paragraph 13 shall be decided by agreement of IRLAX and the entit(ies) sponsoring the special event. 2 389 (W 4. Insurance. IRLAX shall obtain and maintain commercial general liability insurance in the amount of $1,000,000, naming the County as an additional insured. The policy shall provide that written notice of cancellation shall be given to the County at least 30 days before the cancellation shall become effective. The insurance shall be written on a policy and company acceptable to the County's Risk Management Division. 5. Non-discrimination. IRLAX shall operate the Property in a non-discriminatory manner complying with all local, state and federal laws, rules or regulations which pertain. 6. Cancellation. This Agreement may be terminated by the County at any time on notification by any state or federal environmental regulatory agency that a serious health hazard exists from continued use of the Property. In such an event, IRLAX shall make no claim against County for any damages. IRLAX may cancel this Agreement at any time by giving the County ninety (90) days written notice. At the termination of this Agreement from whatever cause, it shall be the IRLAX's responsibility to restore the Property to a condition no worse than what would be reasonably expected with normal wear and tear. 7. Assignment. The Agreement may be assigned or transferred only with the written approval of the County. 8. Emergency County Use. In an emergency declared by the appropriate authorities under Chapter 252, Florida Statutes, the County reserves the right to use the Property as a part of its emergency response and recovery operation as long as reasonably necessary in the County's opinion. In such an event, the County shall restore the Property at the County's expense to the same condition as it was prior to the County's use. For said restoration, time will be of the essence. 9. Hold Harmless. IRLAX shall defend, indemnify and hold the County harmless from any and all claims for damages as a result of the negligence of IRLAX, except for those claims arising out of the County's own negligence. 10. Governing Law. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit shall be in Indian River County, or in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 11. Improvements to the Property. IRLAX shall obtain the County's permission before constructing any improvements on the Property. At the termination of the Agreement, IRLAX shall be permitted to remove any personal property not attached to 3 390 (W the Property and any buildings, fixtures or equipment attached to the property shall become the property of the County. 12. Breach of Agreement. A breach by IRLAX of any of its obligations under this lease shall be grounds for the County to terminate this Agreement, except that before such termination, IRLAX shall be given written notice with thirty (30) days to cure the breach. In the event of a lapse of insurance as set forth in paragraph 4, IRLAX shall have 30 days to reinstate the insurance and shall agree to suspend all operations and use of the Property until insurance is reinstated. Failure to timely reinstate the insurance or use of fields while there is no insurance may subject IRLAX to automatic termination of this Agreement. 13. Use of the Property for Special Events. Subject to availability and without causing undue interference with regular activities and events previously scheduled by IRLAX, the County reserves the right to utilize the Property for special events at no charge to the County. Any reservation of field usage under this section for sporting events sanctioned by the Treasure Coast Sports Commission, the Vero Beach Sports Village or their successors, shall be subject to sixty (60) days advance written notice and require the payment of field charges at a rate not to exceed the County's field (W reservation rate in existence at the time the reservation is made. By agreement of the parties the rate charge may be adjusted. The parties agree to make best efforts to cooperate in the avoidance of scheduling conflicts or unforeseen difficulties in providing adequate notice under this section. 14. Access for Inspection. The County may come onto the Property at such reasonable times and frequencies as deemed necessary by the County to inspect the condition of the Property. 15. Signs and Signage. IRLAX may install advertising signs on the fencing surrounding the Property. The signs must be first approved by the County and conform to County sign codes. Any revenue derived from the advertising signs shall be retained by IRLAX. 16. Sponsorship Opportunities For the Property: IRLAX may assign sponsorship names with code complying signage to the separate playing fields, scoreboards, the concessions building and the Property. Any proceeds derived from said sponsorships shall retained by IRLAX. All such sponsorships must be first administratively approved, without unreasonable delay or withholding, by the County. Any such sponsorship shall not extend past the expiration date of the Lease Agreement. 4 391 (W 17 Acceptance of the Property. IRLAX has reviewed the plans, specifications and improvements for the Property and agrees to accept the Property "as is" once the project has been built in compliance with all plans, specifications and applicable code. IRLAX verifies that the Property meets the needs of IRLAX for its intended uses. (W 5 392 (W IN WITNESS WEREOF, COUNTY and IRLAX have executed this instrument this th day of 2013. Attest: Jeffry R. Smith, Clerk of Court Indian River County, Florida And Comptroller Board of County Commissioners By: Deputy Clerk Joseph E. Flescher, Chairman Witness: Indian er Lacrosse Asspciation Printed name: Brian J. Con Ily, C airman Attached: Exhibit "A" - The Site Plan for the Athletic Sports Fields. APPROVED AS TO FORM AND LEGAL SUFF1 ENC IBY `.' WILLIAM'!K.OEBRAAL DEPUTY COUNTY ATTORNEY L 6 393 �=- -- .. .. . �� �, <t r-. �� �� �: :; (� 1 �' ,�1 � I �� I � � �I/ � � RESOLUTION NO. 2013- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, (W APPROVING A COMMUNITY INTEREST LEASE AGREEMENT WITH THE INDIAN RIVER LACROSSE ASSOCIATION, INC., FOR COUNTY OWNED PROPERTY AT DICK BIRD PARK (F/N/A SOUTH COUNTY PARK) WHEREAS, the Indian River Lacrosse Association, Inc. (IRLAX) a Florida not for profit corporation requested the Board of County Commissioners to consider leasing four multi-purpose fields and concession building on County-owned property at Dick Bird Park 800, 20th Avenue SW, Vero Beach, FL, ("Property")to IRLAX for use as lacrosse fields for their program participants; and WHEREAS, IRLAX will use the Property to operate a lacrosse program open to all Indian River County youth who wish to participate in the sport of lacrosse; and WHEREAS, IRLAX will maintain the fields and associated improvements; and WHEREAS, the Board of County Commissioners finds that such a use of County Property promotes the County interests and welfare; and WHEREAS, IRLAX is a Florida non-profit corporation and organized exclusively for promoting youth lacrosse in Indian River County and has applied for recognition as a charitable and educational entity for purposes as set forth in section 501(c)(3) of the Internal Revenue Code of 1986, as (W amended; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: 1. The Board finds that IRLAX has made application as required by Florida Statutes section 125.38 for a lease of the Property; 2. The property subject to the lease shall be used for youth lacrosse and participation shall be open to all Indian River County residents; 3. The Board approves, and authorizes the Chairman to execute a Lease Agreement between the Board and Indian River Lacrosse Association, Inc., in the form set forth in the attached Exhibit"A"for a term of twenty (20)years at a rental rate of$1.00 per year; 4. The Lease Agreement is entered into pursuant to the authority of Florida Statutes sections 125.38 and 125.01. The foregoing Resolution was offered by Commissioner and seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher Vice Chairman Wesley S. Davis Commissioner Peter D. O'Bryan Commissioner Bob Solari Commissioner Tim Zorc 1 395 RESOLUTION NO. 2013- The Chairman thereupon declared the Resolution duly passed and adopted this 20th day of August, 2013. Attest: Jeffrey R. Smith, Clerk of INDIAN RIVER COUNTY, FLORIDA Court and Comptroller BOARD OF COUNTY COMMISSIONERS By By Deputy Clerk Joseph E. Flescher, Chairman Approved as to form and legal, sufficiency: William K. DeBraal Deputy County Attorney 2 396 ��gtvER Oce of Public Forks 08120113 INDIAN RIVER COUNTY �'LORI�Q' ATTORNEY Dylan Reingold,County attorney William K.DeBraal,Deputy County attorney • MEMORANDUM TO: Board of County Commissioners THROUGH: Christopher R. Mora, P.E., Public Works Director �w FROM: William K. DeBraal, Deputy County Attorneys 10 DATE: August 13, 2013 SUBJECT: 26th STREET ADVANCE ACQUISITION OF RIGHT-OF-WAY William and Sandra Langdon (the Langdons) own a single family home located at 2605 (W 47th Avenue, Vero Beach. The house is on the northwest corner of 26th Street and 47th Avenue. It is currently used as rental property and is occupied by a tenant. The Langdons recently listed the house for sale and the County was approached by their realtor to see if the County might be interested in buying the property for right-of-way for 26th Street in its expanded condition. Photos of the residence are attached to this memo. The parcel is in the Davilla Park Subdivision and is 0.32 acres in size with 129 feet of frontage along 26th Street. The property is zoned RS-6, single family residential, up to six units per acre, and improved with a 2 bedroom, 1 bath wood frame house that was built in 1959. It is serviced by City of Vero Beach Utilities. The listing price of the home was $98,000 but the county's offer of $85,000 has been accepted by the owners. The purchase price is contingent upon Board approval. A recent appraisal of the property performed by Boyle and Drake, a Vero Beach appraisal firm, values the property at $90,000. Improvements to 26th Street will consist of widening to four lanes with a dedicated center left turn lane. Some right-of-way acquisition for 26th Street will likely be gained from the developer of the former Dodger Pines County Club site but many parcels of right-of-way will have to be taken from single family home sites. When the Langdon's realtor advised the County that this parcel was listed for sale, staff weighed the cost of purchasing the parcel on the open market against trying to take the parcel via eminent domain. Staff reasoned that buying the property now and taking the right-of-way needed and then reselling the property would avoid the expert witness costs and attorney's fees incurred in F:\Public Works\Luanne M\Agenda Items\Langdon ROW purchase 08-13-13.doc 397 MEMORANDUM – ROW 26t" Street Langdon August 13, 2013 Page 12 (W the eminent domain process. Thus, staff's plan is to purchase the entire property now for 000 take the right-of-way needed for the 26t" Street improvements e eeded fight of way n the $85, sealed bid, min attached sketch, and resell the property by Cit of Vero Boea2h0assessment tofien for these A recent title search revealed an outstanding Y connection to a City water m the Seller's proceeds at ain and a Tax Certificate clos ng. encumbrances will be paid from NG: Funding in the amount of $183,4345 has been�budgeted for 3 OW f o 1FY 12/1 - FU� Ave— from Optional Sales Tax/ROW/26th en expended year date. 06011. For FY 12/13, $100 has STAFF RECOMMENDATION: Staff recommends the Board approve the attached Contracts for Sale and Purchase of the Langdon parcelfor further$85r ecommend that the nd authorize the Ca Chairman to execute the contract on behalf of the Boar after purchase and to Board direct that the needed right-of-way bsea ed bid.m the properly authorize sale of the remainder property (w APPROVED AGENDA ITEM A oved Date Indian River Coun 2013 IIS � FOR: August 20, Administration 19 /I r�, BY: Bud et P C Publili c Works 398 Residential Contract For Sale And Purchase Atlantic Shores Properties,Inc. THIS FORM HAS BEEN APPROVED BY THE FLORIDA REALTORS AND THE FLORIDA BAR (W 1- PARTIES: William Langdon and Sandra Langdon hushand and wife ("Seller'), 2" and Indian River County, Board of County Commissioners ("Buyer'), 3 agree that Seller shall sell and Buyer shall buy the following described Real Property and Personal Property 4 (collectively"Property") pursuant to the terms and conditions of this Residential Contract For Sale And Purchase and s any riders and addenda("Contract"): 6 1. PROPERTY DESCRIPTION: 7. (a)Street address,city zip- 2605 47th Avenue Vero Beach 32366 - - a- -(6T roperty Is located in: Indian River County,Florida. Real Property Tax ID No. 3239330000200000000i.o s• (c)Legal description of the Real Property:DAVILLA PARK SUB BLK/BLDG-LOT T PBI/OR 8 -AB13-69 10' res, including built-in appliances, built-in furnishings and 11 together with all existing improvements and fixtu 12 attached wall-to-wall carpeting and flooring("Real Property'l unless specifically excluded below. 13 (d)Personal Property: The following items owned by Seller and existing on the Property as of the date 14 of the initial offer are included in the purchase ("Personal Property"): (i) range(s)/oven(s), dishwasher(s), 15 disposal, ceiling fan(s), intercom, light fixtures, rods, draperies and other window treatments, garage door 16 openers, and security gate and other access devices; and (ii) those additional items checked below. If 17• additional details are necessary,specify below. If left:blank,the item below IS not included: Refrigerator(s) ❑ Smoke detector(s) ❑ pool barrier/fence ❑ Storage shed Microwave oven ❑ Security system ❑ Pool equipment ❑ TV antenna/satellite dish ❑ Washer ❑ W indow/wall a/c ❑ Pool heater ❑ Water softener/purifier ❑ Dryer ❑ Generator ❑ Spa or hot tub with heater ❑ Storm shutters and ❑ Stand-alone ice maker ❑ Above ground pool panels 18 The only other items of Personal Property included in this purchase, and any additional details regarding 19• Personal Property, if necessary,are: 20• (W 21 Personal Property is included in the Purchase Price;.has no contributory value,and shall be left for the Buyer. 22. (e)The following items are excluded from the purchase: 24' 2. PURCHASE PRICE(U.S. currency): ... .. . . .. ... ... . .. . . ... .. . . . . . . . .... . .. . .... $ �sri eoLt.9B Y " 25• (a)Initial deposit to be held in escrow in the amount of (cheats subject to COLLECTION) $ 26 The initial deposit made payable and delivered to"Escrow Agent"named below 27' (CHECK ON.F):❑ accompanies offer o1 O is to be imadd upon acceptance (Effective Date) 28' or 19 is to be made within 5 (if blank,then 3)days after Effective Date 29• Escrow Agent Information: Name: ATLANTIC SHORES PROPERTIES,INC. 30• Address: Phone: 31' E-mail: Fax: 32- (b)Additional deposit to be delivered to Escrow Agent within (if blank,then 3) 33- days after Effective Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 34 (All deposits paid or agreed to be paid,are collectively referred to as the"Deposit") 35• (c)Financing:Express as a dollar amount or percentage("Loan Amount'l see Paragraph 8 36• (d)Other. 37 (e)Balance to close(not including Buyer's closing costs,prepaids and prorations)by wire 38' transfer or other COLLECTED funds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ , 39 NOTE:For the definition of"COLLECTION"or"COLLECTED"see STANDARD S. 4o 3. TIME FOR ACCEPTANCE OF OFFER AND COUNTER-OFFERS; EFFECTIVE DATE: 41- (a)If not signed by Buyer and Seller, and an executed copy delivered to all par'des on or before 42. this offer shall be deemed withdrawn and the Deposit, if any,will be returned to Buyer. 43 Unless otherwise stated, time for acceptance of any counter-offers shall be within 2 days after the day the 44 counter-offer is delivered. 45 (b)The effective date of this Contract will be the date when the last one of the Buyer and Seller has signed or 46 initialed this offer or final counter-offer("Effective Date"}. 47 4, CLOSING DATE: Unless modified by other provisions of this Contract, the closing of this transaction shall occur 48 and the closing documents required to be furnished by each party pursuant to this Contract shall be delivered 49' ("Closing")on w omb r 23 9011 ("Closing Date"), at the time established by the Closin Agent. Page f of 11 Seller's Initials Buyer's Initials FloridaRealtors/Floridaear-1 Rev.611002010 Florida Realtors®and The Florida Bar. All rights reserved. T Software and added formatting t0 2013 Alta Star Software,all rights reserved.•wwwaltastar.corn-(877)279-8898 A A 9 user Reg#OPZK03033YE7V328-1021 9 105 CLOSING COSTS,FEES AND CHARGES Le106 9. CLOSING COSTS;TITLE INSURANCE; SURVEY; HOME WARRANTY; SPECIAL ASSESSMENTS: for (a)COSTS TO BE PAID BY SELLER: • Documentary stamp taxes and surtax on deed, if any • HOA/Condominium Association estoppel fees •Owner's Policy and Charges(if Paragraph 9(c)(i)is checked) • Recording and other fees needed to cure title •Title search charges(if Paragraph 9(c)(iii)is'checked) •Seller's attorneys'fees •Other. 108 Seller will pay the following amounts/percentages of the Purchase Price for the following costs and expenses: log, (i)up to$ or % (1.5% if left blank) for General Repair Items ("General Repair 110 Limit'); and .5% if left blank) for WDO treatment and repairs ("WDO 112 Repair Limit');and 113• (iii)up to$ or % (1.5% if left blank) for costs associated with closing out open 114 or expired building permits and obtaining required building permits for any existing improvement for which a its permit was not obtained("Permit Limit"). 116 If, prior to Closing, Seller is unable to meet the Maintenance Requirement as required by Paragraph 11 or 117 the repairs,replacements, treatments or permitting as required by Paragraph 12,then, sums equal to 1250/0 of 116 estimated costs to complete the applicable item(s) (but, not in excess of applicable General Repair, WDO 119 Repair, and Permit Limits set forth above, if any) shall be escrowed at Closing. If actual cost of required 120 repairs, replacements, treatment or permitting exceed applicable escrowed amounts, Seller shall pay such 121 actual costs(but,not in excess of applicable General Repair,WDO Repair, and Permit Limits set forth above). 122 Any unused portion of escrowed amount(s)shall be returned to$eller. 123- (b)COSTS TO BE PAID BY BUYER: •Taxes and recording fees on notes and mortgages • Loan expenses • Recording fees for deed and financing statements •Appraisal fees •Owner's Policy and Charges(if Paragraph 9(c)(ii)is checked) •Buyer's Inspections •Survey(and elevation certification,if required) • Buyer's attorneys'fees • Lender's title policy and endorsements •All property related insurance • HOA/Condominium Association application/transfer fees • Other:_ CA5 M Bocfk -- 7'tat x5 /�2E/4-v.Cd 124• (c)TITLE EVIDENCE AND INSURANCE: A least (if blank, then 5) days prior to Closing Date, a title (W its insurance commitment issued by a Florida licensed title insurer, with legible copies of instruments listed as 126 exceptions attached thereto ('Title Commitment')and, after Closing, an owner's policy of title insurance (see 127 STANDARD A for terms) shall be obtained and delivered to Buyer. If Seller has an owner's policy of title 128 insurance covering the Real Property, a copy shall be furnished to Buyer and Closing Agent within 5 days after 129 Effective Date. The owner's title policy premium and charges for owner's policy endorsements, title search, ,so and closing services -(collectively, -'Owner's _Policy. and.._Charges").-shall_be._paid,- as.....set -forth-below 131 (CHECK ONE): 132* ❑ (i) Seller will designate Closing Agent and pay for Owner's Policy and Charges (but not including charges 133 for closing.services related to Buyer's lender's policy and endorsements and loan closing, which amounts 134 shall be paid by Buyer to Closing Agent or such other provider(s)as Buyer may select);or 135• X (ii) Buyer will designate Closing Agent and pay for Owner's Policy and Charges and charges for closing 136 services related to Buyer's lender's policy,endorsements,and loan closing;or 137' 13(m) [MIAMI-DADElBROWARD REGIONAL PROVISION]:Seller will furnish a copy of a prior owner's policy 138 of title insurance or other evidence of title and pay fees for: (A) a continuation or update of such title evidence, 139 which is acceptable to Buyer's title insurance underwriter for reissue of coverage', (B) tax search; and 140 (C) municipal lien search. Buyer shall obtain and pay for post-Closing continuation and premium for Buyer's 141 owner's policy, and if applicable, Buyer's lender's policy. Seller shall not be obligated to pay more than 142• $ (if blank, $200.00) for abstract continuation or title search ordered or performed by Closing 143 Agent- 144 (d)SURVEY: At least 5 days prior to Closing, Buyer may, at Buyer's expense, have the Real Property surveyed ..... ....... . 145 and certified by a registered Florida surveyor ("Survey"). If Seller has a survey covering the Real Property, a 146 copy shall be furnished to Buyer and Closing Agent within 5 days after Effective Date. 147' (e)HOME WARRANTY:At Closing, ❑ Buyer ❑ Seller X NIA will pay for a home warranty plan issued by 146• at a cost not to exceed $ A home 149 warranty plan provides for repair or replacement of many of a home's mechanical systems and major built-in 150 appliances in the event of breakdown due to normal wear and tear during the agreement's warranty period. 161 (f) SPECIAL ASSESSMENTS: At Closing, Seller will pay. (i) the full amount of liens imposed by a public body 152 ("public body"does not include a Condominium or Homeowner's Association)that are certified, confirmed and 153 ratified before Closing; and (ii) the amount of the public body's most recent estimate or assessment for an Buyer's Initials __� _ Page 3 of 11 Sellers Initials ___ ( _ Florida Rea ltors/FioridaBar--1 Rev.6/10©2010 Florida RealtorsM and The Florida Bar. All rights reserved. 401 154 improvement which is substantially complete as of Effective Date, but that has not resulted in a lien being (W 155 imposed on the Property before Closing. Buyer will pay all other assessments. If special assessments may 156 be paid in installments (CHECK ONE): 157' p(a) Seller shall pay installments due prior to Closing and Buyer shall pay installments due after 156 Closing.Installments prepaid or due for the year of Closing shall be prorated. 159• (b) Seller shall pay the assessment(s) in full prior to or at the time of Closing. 160 IF NEITHER BOX IS CHECKED,THEN OPTION(a)SHALL BE DEEMED SELECTED. 161 This Paragraph 9(f) shalt not apply to a special benefit tax lien imposed by a community development district 162 (CDD)pursuant to Chapter 190 F.S.which lien shall be treated as an ad valorem tax and prorated pursuant to 163 STANDARD K. -- 164 --------DISCLOSURES--- 165 -- - —DISCLOSURES-165 10. DISCLOSURES: 166 (a)RADON GAS: Radon is a naturally occurring radioactive gas that, when it is accumulated in a building in 167 sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that 10 exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding 1s9 radon and radon testing may be obtained from your county health department. 170 (b)PERMITS DISCLOSURE: Except as may have been disclosed by Seller to Buyer in a written disclosure, 171 Seller does not know of any improvements made to the Property which were made without required 172 permits or made pursuant to permits which have not been properly closed. 173 (c)MOLD: Mold is naturally occurring and may cause health risks or damage to property. if Buyer is concerned or 174 desires additional information regarding mold, Buyer should contact an appropriate professional. 175 (d)FLOOD ZONE; ELEVATION CERTIFICATION: Buyer is advised to verify by elevation certificate which flood 176 zone the Property is in, whether flood insurance is required by Buyer's lender, and what restrictions apply to 177 improving the Property and rebuilding in the event of casualty. If Property is in a "Special Rood Hazard Area" 178 or "Coastal High Hazard Area" and finished floor elevation is below minimum flood elevation, Buyer may 179 terminate this Contract by delivering written notice to Seller within 20 days after Effective Date, failing which iso Buyer accepts existing elevation of buildings and flood zone designation of Property. 181 (e)ENERGY BROCHURE:Buyer acknowledges receipt of Florida Energy-Efficiency Rating information Brochure 182 required by Section 553.996, F.S. 183 (f) LEAD-BASED PAINT: If Property includes pre-1978 residential housing, a lead-based paint rider is (W 184 mandatory. las (g)HOMEOWNERS' ASSOCIATIONICOMMUNITY DISCLOSURE: BUYER SHOULD NOT EXECUTE THIS 186 CONTRACT UNTiL BUYER HAS RECEIVED AND READ THE HOMEOWNERS' 187 ASSOCIATION/COMMUNITY DISCLOSURE,IF APPLICABLE. 188 (h)PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT 189 PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT THE BUYER MAY BE OBLIGATED 190 TO. PAY IN THE YEAR SUBSEQUENT-TO Pt1RQHASE. A .C.HANGE..OF-OWNERSHIP-OR..PROP_ERTY. 191 IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER 192 PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE 193 COUNTY PROPERTY APPRAISER'S OFFICE FOR INFORMATION. 194 (i) TAX WITHHOLDING: If Seller is a"foreign person"as defined by the Foreign Investment in Real Property Tax 195 Act("FIRPTA'7, Buyer and Seller will comply with FiRPTA,which may require Seller to provide additional cash 196 at Closing. 197 Q) SELLER DISCLOSURE: Seller knows of no facts materially affecting the value of the Real Property which are 198 not readily observable and which have not been disclosed to Buyer. 19e PROPERTY MAINTENANCE, CONDITION,INSPECTIONS AND EXAMINATIONS zoo 11. PROPERTY MAINTENANCE: Except for ordinary wear and tear and Casualty Loss, and those repairs, 201 replacements or treatments required to be made by this Contract, Seller shall maintain the Property, including, but 202 not limited to, lawn, shrubbery, and pool, in the condition existing as of Effective Date ("Maintenance las Requirement'). 204 12. PROPERTY INSPECTION AND REPAIR: los (a)IN PERIOD: By the earlier of 15 days after Effective Date or 5 days prior to Closing Date 206 ("Inspection Period"), Buyer may, at Buyer's expense, conduct "General', "WDO", and "Permit" Inspections 207 described below. If Buyer fails to timely deliver to Seiler a written notice or report required by (b), (c), or (d) los below, then, except for Seller's continuing Maintenance Requirement, Buyer shall have waived Seller's 209 obligation(s) to repair, replace, treat or remedy the matters not inspected and timely reported. If this Contract (W 210 does not close, Buyer will repair all damage to Property resulting from Buyer's inspections, return Property to 211 its' pre-inspection condition and provide Seller with paid receipts for all work done on Property upon its 212 completion. Buyer's Initials _ Page 4 of 11 Seller's Initials FloridaReaitors/FloridaBar-1 Rev.6110 C 2010 Florida RealtorsQ)and The Florida Bar. All rights reserved. [/- 402 213 (b)GENERAL PROPERTY INSPECTION AND REPAIR: Le 214 (i) General Inspection: Those items specified in Paragraph 12(b)(ii) below, which Seller is obligated to repair 215 or replace ("General Repair Items') may be inspected ("General Inspection') by a person who specializes in 216 and holds an occupational license (if required by law) to conduct home inspections or who holds a Florida 217 license to repair and maintain the items inspected("Professional Inspector"). Buyer shall, within the Inspection 218 Period, inform Seller of any General Repair Items that are not in the condition required by (b)(ii) below by 219 delivering to Seller either a written notice or a copy of the portion of Professional Inspector's written report 220 dealing with such items. 221 (ii) Property Condition: The following items shall be free of leaks, water damage or structural damage: 222 ceiling, roof (including fascia and soffits), exterior and interior walls, doors, windows, and foundation. The _ 223 above i ems oge er w►f pool; poo equipment, non-leased major appliances, heating, cooling, mechanical; 224 electrical, security, sprinkler, septic and plumbing systems and machinery, seawalls, and dockage, are, and 225 shall be maintained until Closing,in"Working Condition"(defined below).Torn screens(including pool and patio 226 screens), fogged windows, and missing roof tiles or shingles will be repaired or replaced by Seller prior to 227 Closing.Seller is not required to repair or replace"Cosmetic Conditions"(defined below), unless the Cosmetic 228 Conditions resulted from a defect in an item Seller is obligated to repair or replace. "Working Condition"means 229 operating in the manner in which the item was designed to operate. "Cosmetic Conditions" means aesthetic 230 imperfections that do not affect Working Condition of the item, including, but not limited to, pitted marcite; 231 tears, wom spots and discoloration of floor coverings,wallpapers,or window treatments; nail holes, scrapes, 232 scratches, dents,chips or caulking in ceilings,walls,flooring,tile,fixtures,or mirrors; and minor cracks in 233 walls, floor tiles, windows, driveways, sidewalks, pool decks, and garage and patio floors. Cracked 234 roof tiles, curling or worn shingles, or limited roof life shall not be considered defects Seller must repair 235 or replace, so long as there is no evidence of actual leaks,leakage or structural damage. 236 (iii) General Property Repairs: Seller is only obligated to make such general repairs as-are necessary to 237 bring items into the condition specked in Paragraph 12(b)(ti) above. Seller will, within 5 days after receipt of 238 Buyer's written notice or General Inspection report, either have the reported repairs to General Repair Items 239 estimated by an appropriately licensed person and a copy delivered to Buyer, or have a second inspection 240 made by a Professional Inspector and provide a copy of such report and estimates of repairs to Buyer. If 241 Buyer's and Seller's inspection reports differ and the parties cannot resolve the differences, Buyer and (W 242 Seller together will choose, and equally split the cost of, a third Professional Inspector, whose written report 243 will be binding on the parties. 244 If costs to repair General Repair Items equals or is less than the General Repair Limit, Seller will have repairs 245 made in accordance with Paragraph 12(f). If cost to repair General Repair Items exceeds the General tae Repair Limit, then within 5 days after a party's receipt of the last estimate: (A) Seller may elect to pay the 247 excess by delivering written notice to Buyer, or(B) Buyer may deliver written notice to Seller designating which 248 repairs of General Repair Items Seller shall make (at a total cost to Seller not exceeding the General Repair .249 -.Limit)-and agreeing.to.accept.the.balance.of..General Repair.ltems.in_their."as.is' subject.to.Seller's 250 continuing Maintenance Requirement. If neither party delivers such written notice to the other,then either party 251 may terminate this Contract and Buyer shall be refunded the Deposit, thereby releasing Buyer and Seller from 252 all further obligations under this Contract. 253 (c)WOOD DESTROYING ORGANISM ("WDO")INSPECTION AND REPAIR: 254 (i) WDO Inspection: The Property may be inspected by a Florida-licensed pest control business ("WDO 255 Inspector")to determine the existence of past or present WDO infestation and damage caused by infestation 256 ("WDO Inspection'). Buyer shall, within the Inspection Period, deliver a copy of the WDO inspector's written 257 report to Seller if any.evidence of WDO infestation or damage is-found.'Wood Destroying Organism"('WDO') 258 means arthropod or plant life, including termites, powder-post beetles, oldhouse borers and wood-decaying 259 fungi,that damages or infests seasoned wood In a structure, excluding fences. 260 (ii) WDO Repairs: If Seller previously treated the Property for the type of WDO found by Buyer's WDO 261 inspection, Seller does not have to retreat the Property if there is no visible live infestation, and Seller, at 262 Seller's cost, transfers to Buyer at Closing a current full treatment warranty for the type of WDO found. Seller 263 will,within 5 days after receipt of Buyer's WDO Inspector's report, have reportedWDOdamage estimated by 264 an appropriately licensed person, necessary corrective treatment,if any,estimated by a WDO Inspector,and a 265 copy delivered to Buyer_ Seller will have treatments and repairs made in accordance with Paragraph 12(f) 266 below up to the WDO Repair Limit If cost to treat and repair the WDO infestations and damage to 267 Property exceeds the WDO Repair Limit, then within 5 days after receipt of Seller's estimate, Buyer may 268 deliver written notice to Seller agreeing to pay the excess, or designating which WDO repairs,Seller shall 269 make(at a total cost to Seller not exceeding the WDO Repair Limit),and accepting the balance of the Property ( 270 in its"as is"condition with regard to WDO infestation and damage, subject to Seller's continuing Maintenance W 271 Requirement. If Buyer does not deliver such written notice to Seller, then either party may terminate this Buyer's Initials ,C� Page 5 of 11 Seller's Initials "� FlondaRealtorslFloridaBar 1 Rev.6110 0 2010 Florida Realtorsdi and The Florida Bar. All rights reserved. - �- 403 (W 272 Contract by written notice to the other, and Buyer shall be refunded the Deposit,thereby releasing Buyer and 273 Seller from all further obligations under this Contract. 274 (d)INSPECTION AND CLOSE-OUT OF BUILDING PERMITS: 275 (i) Permit Inspection: Buyer may have an inspection and examination of records and documents made to 276 determine whether there exist any open or expired building permits or unpermitted improvements to the 277 Property ("Permit Inspection'). Buyer shall, within the Inspection Period, deliver written notice to Seller of the 278 existence of any open or expired building permits or unpermitted improvements to the Property. 279 (ii) Close-Out of Building Permits: Seller will, within 5 days after receipt of Buyer's Permit Inspection 280 notice, have an estimate of costs to remedy Permit Inspection items prepared by an appropriately licensed 281 .person and a copy delivered to Buyer. No later than 5 days prior to Closing Date, Seller shalt, up to the Permit 28 —Clmit ave open an expired-building permlts�tt�-Dy Buyer or known to eller closed by the applicable 283 governmental entity, and obtain and close any required building permits for improvements to the Property. 284 Prior to Closing Date, Seller will provide Buyer with any written documentation that 211 open and expired 285 building permits identified by Buyer or known to Seller have been closed out and that Seller has obtained 286 required building permits for improvements to the Property. If final permit inspections cannot be performed due 287 to delays by the governmental entity, Closing Date shall be extended for up to 10 days to complete such final 28a inspections, failing which, either party may terminate this Contract, and Buyer shall.be refunded the Deposit, 289 thereby releasing Buyer and Seller from all further obligations under this Contract. 290 if cost to close open or expired building permits or to remedy any permit violation of any governmental entity 291 exceeds Permit Limit,then within 5 days after a party's receipt of estimates of cost to remedy. (A) Seller may 292 elect to pay the excess by delivering written notice to Buyer; or (B) Buyer may deliver written notice to Seller 293 accepting the Property in its "as is" condition with regard to building permit status and agreeing to receive 294 credit from Seller at Closing in the amount of Permit Limit. If neither party delivers such written notice to the 295 other,then either party may terminate this Contract and Buyer shall be refunded the Deposit,thereby releasing 296 Buyer and Seller from all further obligations under this Contract. 297 (e)WALK-THROUGH INSPECTION/RE-INSPECTION: On the day prior to Closing Date, or on Closing Date prior 298 to time of Closing, as specified by Buyer, Buyer or Buyer's representative may perform a walk-through (and 299 follow-up walk-through, if necessary) inspection of the Property solely to confirm that all items of Personal 300 Property are on the Property and to verify that Seller has maintained the Property as required by the (W 301 Maintenance Requirement, has made repairs and replacements required by this Contract, and has met all 302 other contractual obligations. 303 (f) REPAIR STANDARDS;ASSIGNMENT OF REPAIR AND TREATMENT CONTRACTS AND WARRANTIES: 304 All repairs and replacements shall be completed in a good and workmanlike manner by an appropriately 305 licensed person, in accordance with all requirements of law, and shall consist of materials or items of quality, 306 value, capacity and performance comparable to, or better than, that existing as of the Effective Date. Except 307 as provided in Paragraph 12(c)(ii), at Buyer's option and cost, Seller will, at Closing, assign all assignable _ 3os repair, treatment and„maintenance contracts and wagantie4_to.f3uyer. 309 ESCROW AGENT AND BROKER 310 13. ESCROW AGENT: Any Closing Agent or Escrow Agent (collectively"Agent") receiving the Deposit, other funds 311 and other items is authorized, and agrees by acceptance of them, to deposit them promptly,hold same in escrow 312 within the State of Florida and, subject to COLLECTION, disburse them in accordance with terms and conditions 313 of this Contract. Failure of funds to become COLLECTED shall not excuse Buyer's performance.When conflicting 314 demands for the Deposit are received, or Agent has a good faith doubt as to entitlement to the Deposit, Agent 315 may take such actions permitted by this Paragraph 13, as Agent deems advisable. If in doubt as to Agent's duties 316 or liabilities under this Contract, Agent may, at Agent's option, continue to hold the subject matter of the escrow 317 until the parties agree to its disbursement or until a final judgment of a court of competent jurisdiction shall ata determine the rights of the parties, or Agent may deposit same with the clerk of the circuit court having jurisdiction 319 of the dispute. An attorney who represents a party and also acts as Agent may represent such party in such 320 action. Upon notifying all parties concerned of such action, all liability on the part of Agent shall fully terminate, 321 except to the extent-of accounting for any items previously delivered out of escrow. If a licensed real-estate 322 broker, Agent will comply with provisions of Chapter 475, F.S., as amended and FREC rules to timely resolve 323 escrow disputes through mediation, arbitration,interpleader or an escrow disbursement order. 324 Any proceeding between Buyer and Seller wherein Agent is made a party because of acting as Agent hereunder, 326 or in any proceeding where Agent interpleads the subject matter of the escrow,Agent shall recover reasonable 326 attorney's fees and costs incurred, to be paid pursuant to court order out of the escrowed funds or equivalent. 327 Agent shall not be liable to any party or person for mis-delivery of any escrowed items,unless such mis-delivery is (W 328 due to Agent's willful breach of this Contract or Agent's gross negligence.This Paragraph 13 shall survive Closing 329 or termination of this Contract. 330 14. PROFESSIONAL ADVICE; BROKER LIABILITY: Broker advises Buyer and Seller to verify Property condition, 33t square foo _ nd alt other facts and representations made pursuant to this Contract and to onsult a pr riate Buyer's Initials Page 6 of 11 Seller's initials �__ } FloridaReattors/FloridaBar-1 Rev.6110 O 2010 Florida Realtors@ and The Florida Bar. All rights reserved. (j 404 332 professionals for legal, tax,environmental, and other specialized advice concerning matters affecting the Property 333 and the transaction contemplated by this Contract. Broker represents to Buyer that Broker does not reside on the 334 Property and that all representations (oral, written or otherwise) by Broker are based on Seller representations or 335 public records. BUYER AGREES TO RELY SOLELY ON SELLER, PROFESSIONAL INSPECTORS AND 336 GOVERNMENTAL AGENCIES FOR VERIFICATION OF PROPERTY CONDITION, SQUARE FOOTAGE AND 337 FACTS THAT MATERIALLY AFFECT PROPERTY VALUE AND NOT ON THE REPRESENTATIONS (ORAL, 338 WRITTEN OR OTHERWISE) OF BROKER. Buyer and Seller (individually, the "Indemnifying Party') each 339 individually indemnifies, holds harmless, and releases Broker and Broker's officers, directors, agents and 340 employees from all liability for loss or damage, including all costs and expenses, and reasonable attorney's fees 341 at all levels, suffered or incurred by Broker and Broker's officers, directors, agents and employees in connection 3 2 with orarisirrg-from claims,-dem-arrds orcattses of a—cr,bTiristitutee -by Buyef or SeI er as on: (i)inaccuracy o 343 information provided by the Indemnifying Party or from public records;(i) indemnifying Party's misstatement(s) or 344 failure to perform contractual obligations; (iii) Broker`s performance, at indemnifying Party's request, of any task 345 beyond the scope of services regulated by Chapter 475, F.S., as amended; including Broker's referral, 34s recommendation or retention of any vendor for, or on behalf of Indemnifying Party; (iv) products or Services 347 provided by any such vendor for, or on behalf of, Indemnifying Party; and (v) expenses incurred by any such 348 vendor. Buyer and Seller each assumes full responsibility for selecting and compensating their respective 349 vendors and paying their other costs under this Contract whether or not this transaction closes. This 350 Paragraph 14 will not relieve Broker of statutory obligations under Chapter 475, F.S., as amended. For purposes 351 of this Paragraph'14, Broker will be treated as a party to this Contract. This Paragraph 14 shall survive Closing or 352 termination of this Contract. 353 DEFAULT AND DiSPUTE RESOLUTION 354 115. DEFAULT: ass (a)BUYER DEFAULT: If Buyer fails, neglects or refuses to perform Buyer's obligations under this Contract, 356 including payment of the Deposit, within the time(s) specified, Seller may elect to recover and retain the 357 Deposit for the account of Seller as agreed upon liquidated damages, consideration for execution of this 358 Contract, and in full settlement of any claims, whereupon Buyer and Seller shall be relieved frll 359 obligations re all further under this Contract, or Seller, at Seller's option, may, pursuant to Paragraph 16, proceed equity 360 to enforce Seller's rights under this Contract. The portion of the Deposit, if any, paid to Listing Broker upon (W 361 default by Buyer, shall be split equally between Listing Broker and Cooperating Broker; provided however, 362 Cooperating Broker's share shall not be greater than the commission amount Listing Broker had agreed to pay 363 to Cooperating Broker. 364 (b)SELLER DEFAULT: If for any reason other than failure of Seller to makeSeller's title marketable after ass reasonable diligent effort, Seller fails, neglects or refuses to perform Seller's obligations under this Contract, 366 Buyer may elect to receive return of Buyer's Deposit without thereby waiving any action for damages resulting 367 from Seller's breach, and, pursuant to Paragraph 16, may seek to recover such damages or seek specific 368 performance. 369 This Paragraph 15 shall survive Closing or termination.of this Contract- 370 16. DISPUTE RESOLUTION: Unresolved controversies, claims and other matters in question between Buyer and 371 Seller arising out of, or relating to, this Contract or its breach, enforcement or interpretation ("Dispute's will be 372 settled as follows: 373 (a)Buyer and Seller will have 10 days after the date conflicting demands for the Deposit are made to attempt to 374 resolve such Dispute, failing which, Buyer and Seller shalt submit such Dispute to mediation under 375 Paragraph 16(b). 376 (b)Buyer and Seller shall attempt to settle Disputes in.an amicable manner through mediation pursuant to Florida 377 Rules for Certified and Court-Appointed Mediators and Chapter 44, F.S., as amended(the"Mediation Rules'). 37a The mediator must be certified or must have experience in the real estate industry. Injunctive relief may be 379 sought without first complying with this Paragraph 16(b). Disputes not settled pursuant to this Paragraph 16 380 may be resolved by instituting action in the appropriate court having jurisdiction of the matter. 381 This Paragraph 16 shall survive Closing,or termination of this Contract. 382 17.ATTORNEY'S FEES;COSTS:The parties will split equally any mediation fee incurred in any mediation permitted 383 by this Contract, and each party will pay their own costs, expenses and fees, including attorney'&fees, incutTed in 384 conducting the mediation. in any litigation permitted by this Contract, the prevailing party shall be entitled to 385 recover from the non-prevailing party costs and fees, including reasonable attorney's fees, incurred in conducting 386 the litigation. This Paragraph 17 shall survive Closing or termination of this Contract_ 387 STANDARDS FOR REAL ESTATE TRANSACTIONS("STANDARDS") 388 1 8. STANDARDS: 389 A. TITLE: 390 (i) TITLE- EVIDENCE; RESTRICTIONS; EASEMENTS; LIMITATIONS: Within the time period provided in 391 Paragraph 9(c)y44 Title Commitment,with legible copies of instruments listed as exceptiags Pched theret�shall Buyer-s Initials Page 7 of 11 Setter's Initials v- _, Florida Reattors/Florid28ar-1 Rev.6/10©2010 Florida Realtors4g and The Florida Bar. All rights reserved. ri 405 392 STANDARDS FOR REAL ESTATE TRANSACTIONS (CONTINUED) (W 393 be issued and delivered to Buyer. The Title Commitment shall set forth those matters to be discharged by Seller at or 394 before Closing and shall provide that, upon recording of the deed to Buyer, an owner's policy of title insurance in the 395 amount of the Purchase Price, shall be issued to Buyer insuring Buyer's marketable title to the Real Property, subject 39s only to the following matters_ (a) comprehensive land use plans, zoning, and other land use restrictions, prohibitions 39-r and requirements imposed by governmental authority; (b) restrictions and matters appearing on the Plat or otherwise 398 common to the subdivision; (c) outstanding oil, gas and mineral rights of record without right of entry; (d) unplatted 399 public utility easements of record (located contiguous to real property lines and not more than 10 feet in width as to- 40o rear or front lines and 7 1/2 feet in width as to side lines); (e)taxes for year of Closing and subsequent years; and (f) 401 assumed mortgages and purchase money mortgages, if any (if additional item.s, attach addendum.); provided, that, aoi-TiTit�ss v alve�C-Gy Pa agrap�i 12(a�—there exrs s a osing no viol_a1lon of7T6e_foregoing and none preventuse of the 403 Property for RESIDENTIAL PURPOSES. if there exists at Closing any violation of items identified in (b) - (f) above, 404 then the same shall be deemed a title defect. Marketable title shall be determined according to applicable Title 405 Standards adopted by authority of The Florida Bar and in accordance with law. 406 (ii) TITLE EXAMINATION: Buyer shall have 5 days after receipt of Title Commitment to examine it and notify 407 Seller in writing specifying defect(s), if any,that render title unmarketable. If Seller provides Title Commitment and it 408 is delivered to Buyer less than 5 days prior to Closing Date, Buyer may extend Closing for up to 5 days after 4os date of receipt to examine same in accordance with this STANDARD A. Seiler shall have 30 days ("Cure Period) 410 after receipt of Buyer's notice to take reasonable diligent efforts to remove defects. If Buyer fails to so notify Seller, 411 Buyer shall be deemed to have accepted title as it then is. If Seller cures defects within Cure Period, Seller will 412 deliver written notice to Buyer (with proof of cure acceptable to Buyer and Buyer's attorney) and the parties will 413 close this Contract an Closing Date (or if Closing Date has passed, within 10 days after Buyer's receipt of Seller's. 414 notice). if Seller is unable to cure defects within Cure Period, then Buyer may, within 5 days after expiration of 415. Cure Period,.deliver written notice to Seller. (a)extending Cure Period for a specified period not to exceed 120 days 416 within which Seiler shall continue to use reasonable diligent effort to remove or cure the defects ("Extended Cure 417 Period");or(b) electing to accept title with existing defects and close this Contract on Closing Date(or if Closing Date 418 has passed, within the earlier of 10 days after end of Extended Cure Period or Buyer's receipt of Sellers notice), or 419 (c) electing to terminate this Contract and receive a refund of the Deposit, thereby releasing Buyer and Seller from 42o all further obligations under this Contract. If after reasonable diligent effort, Seller is unable to timely cure defeets, ( 421 and Buyer does not waive the defects, this Contract shall terminate, and Buyer shall receive a refund of the Deposit, W 422 thereby releasing Buyer and Seller from all further obligations under this Contract. 423 B. SURVEY: If Survey discloses encroachments on the Real Property or that improvements located thereon 424 encroach on setback lines, easements, or lands of others; or violate any restrictions, covenants, or applicable 425 governmental regulations described in STANDARD A(i)(a), (b) or(d) above, Buyer shall deliver written notice of such 426 matters, together with a copy of Survey, to Seller within 5 days after Buyer's receipt of Survey, but no later than 422 Closing. If Buyer timely delivers such notice and Survey to Seller, such matters identified in the notice and Survey ._.. ate shell constitu#e..a..titledefect,..subject..to_.cure._obligations_.of.STANDARD-A_..above...If..Seller._has delivered a.-prior. 429 survey, Seller shall, at Buyer's request, execute an affidavit of "no change" to the (teal Property since the Oso preparation of such prior survey,to the extent the affirmations therein are true and correct 431 C. INGRESS AND EGRESS: Seller represents that there is ingress and egress to the Real Property and title to 432 the Real Property is insurable in accordance with STANDARD A without exception for lack of legal right of access. 433 D. LEASES: Seller shall, within 5 days after Inspection Period, furnish to Buyer copies of all written leases and 434 estoppel letters from each tenant specifying nature and duration of tenant's occupancy, rental rates, advanced rent 435 and security deposits paid by tenant, and income and expense statements for preceding 12 months ("Lease 436 Information"). If Seller is unable to obtain estoppel letters from tenant(s), the same information shall be furnished by 437 Seller to Buyer within that time period in the form of a Seller's affidavit, and Buyer may thereafter contact tenant(s) 438 to confirm such information. If terms of the lease(s) differ materially from seller`s representations, Buyer may deliver 439 written notice to Seller within 5 days after receipt of Lease Information, but no later than 5 days prior to Closing 440 Date, terminating this Contract and receive a refund of the Deposit, thereby releasing Buyer and Seller from all 441 further obligations under this Contract. Seller shall, at Closing, deliver and assign all original leases to Buyer who 4a2 shall assume.Seller's obligation thereunder. 443 E. LIENS: Seller shall furnish to Buyer at Closing an affidavit attesting; (i) to the absence of any financing 444 statement, claims of lien or potential lienors known to Seller, and(ii)that there have been no improvements or repairs 445 to the Real Property for 90 days immediately preceding Closing Date. If the Real Property has been improved or 446 repaired within that time, Seller shall deliver releases or waivers of construction liens executed by all general 447 contractors, subcontractors, suppliers and materialmen in addition to Seller's lien affidavit setting forth names of all 44a such general contractors, subcontractors, suppliers and materialmen, further affirming that all charges for 449 improvements or repairs which could serve as a basis for a construction lien or a claim for damages have been paid 4.50 or wifl be paid at Closing. 451 F. TIME: Calen days shalt be used in computing time periods. Anytime periods provviidd7df r in this Contract Buyer's Initials __ Page 8 of 11 Seders Initials _� FloridaRealtors/FloddaBar-1 Rev.6110 Q2010 Florida Reattorse and The Florida Bar. All rights reserved. t/ 406 452 STANDARDS FOR REAL ESTATE TRANSACTIONS (CONTINUED) (W 453 which shall end on a Saturday, Sunday, or a national legal holiday (see 5 U.S-C. 6103) shall extend to 5:00 p.m. 454 (where the Property is located)of the next business day. Time is of the essence in this Contract. 455 G. FORCE MAJEURE: Buyer or Seiler shall not be required to perform any obligation under this Contract or be 45s liable to each other for damages so tong as performance or non-performance of the obligation is delayed, caused or 457 prevented by Force Majeure. "Force Majeure" means: hurricanes, earthquakes, floods, fire, acts of God, unusual 458 transportation delays, wars, insurrections, acts of terrorism, and any other cause not reasonably within control of 459 Buyer or Seller, and which, by exercise of reasonable diligent effort, the non-performing party is unable in whole or in Oso part to prevent or overcome. All time periods, including Closing Date, will be extended for the period that the Force 461 Majeure prevents performance under this Contract, provided: however, if such Force Majeure continues to prevent ase—performanceunde�Fiis-C nntract more than 7,f days beyon�Cl-oerng-CTate,-tfen ether party may-terminate s 463 Contract by delivering written notice to the other and the Deposit shall be refunded to Buyer, thereby releasing Buyer 464 and Seller from all further obligations under this Contract. 465 H. CONVEYANCE: Seller shall convey marketable title to the Real Property by statutory warranty, trustee's, ass personal:representative's, or guardian's deed, as appropriate to the status of Seller, subject only to matters described 467 in STANDARD A and those accepted by Buyer. Personal Property shall, at request of Buyer, be transferred by 468 absolute bill of sale with warranty of title, subject only to such matters as may be provided for in this Contract. 469 1. CLOSING LOCATION; DOCUMENTS;AND PROCEDURE: 47o (i) LOCATION: Closing will take place in the county where the Real Property is located at the office of the 471 attorney.or other closing agent ("Closing Agent) designated by the party paying for the owner's policy of title 472 insurance, or, if no title insurance,designated by Seller.Closing may be conducted by mail or electronic means. 473 (ii) CLOSING DOCUMENTS: At Closing, Seller shalt furnish and pay for, as applicable, deed, bill of sale, 474 certificate of title, construction lien affidavit, owner's possession affidavit, assignments of leases, and corrective 475 instruments. Seller shall provide Buyer with paid receipts for all work done on the Property pursuant to this Contract. 476 Buyer shall furnish and pay for, as applicable, mortgage, mortgage note, security agreement, financing statements, 477 survey, base elevation certification, and other documents required by Buyer's lender. 47a (iii) PROCEDURE: The deed shall be recorded upon COLLECTION of all closing funds. If the Title 479 Commitment provides insurance against adverse matters pursuant to Section 627.7841, F.S., as amended, the (W Oso escrow closing procedure required by STANDARD J shall be waived, and Closing Agent shall, subject to 481 COLLECTION of all closing funds, disburse at Closing the brokerage fees to Broker and the net sale proceeds to 482 Seller. 483 J. ESCROW CLOSING PROCEDURE: If Title Commitment issued pursuant to Paragraph 9(c) does not provide 484 for insurance against adverse matters as permitted under Section 627.7841, F.S., as amended, the following escrow 4a5 and closing procedures shall apply: (1) all Closing proceeds shall be held in escrow by the Closing Agent for a period 486 of not more than 10 days after Closing; (2) if Seller's title is rendered unmarketable, through no fault of Buyer, Buyer 487 shall, within the 10 day period, notify Seller in writing of the defect and Seller shall have 30 days from date of receipt 488 of._such_notification-to_Gure_flte defect;_(5) if_Seller.fails totimely cure,the_defect,.the Deposit and._aJ!_G19sing funds. 489 paid by Buyer shall, within 5 days after written demand by Buyer, be refunded to .Buyer and, simultaneously with 490 such repayment, Buyer shall return the Person at Property, vacate the Real*Property and re-convey the Property to 491 Seller by special warranty deed and bill of sale; and (4) if Buyer fails to make timely demand for refund of the 492 Deposit, Buyer shall take title as is, waiving all rights against Seller as to any intervening defect except as may be 493 available:to Buyer by virtue of warranties contained in the deed or bill of sale. 494 K. PRORATIONS; CREDITS: The following recurring items will be made current (if applicable) and prorated as of 495 the day prior to Closing Date, or date of occupancy if occupancy occurs before Closing Date: real estate taxes 496 (including special benefit tax assessments imposed by a CDD), interest, bonds, association fees, insurance, rents 497 and other expenses of Property. Buyer shall have option of taking over existing policies of insurance, if assumable, in 498 which event premiums shall be prorated. Cash at Closing shall be increased or decreased as may be required by 499 prorations to be made through day prior to Closing. Advance rent and security deposits, if any, will be credited to Soo Buyer. Escrow deposits held by Seller's mortgagee will be paid to Seller. Taxes shall be prorated based on current soi year's tax with due allowance made for maximum alTowable discount, homestead and other.exemptions. If Closing sot occurs on a date when current year's millage.is not fixed but current year's assessment is_available, taxes will be 5o3 prorated based upon such assessment and prior year's millage. If current year's assessment is not available, then w4 taxes will be prorated on prior year's tax. If there are completed improvements on the Real Property by January 1st of sos year of Closing, which improvements were not in existence on January 1st of prior year, then taxes shall be prorated sos based upon prior year's millage and at an equitable assessment to be agreed upon between the parties,failing which, w7 request shall be made to the County Property Appraiser for an informal assessment taking into account available 5oa exemptions. A tax proration based on an estimate shall, at either party's request, be readjusted upon receipt of ( 5o9 current year's tax bill.This STANDARD K shall survive Closing. W 510 L. ACCESS TO PROPERTY TO CONDUCT APPRAISALS, INSPECTIONS,AND WALK-THROUGH: Seller shalt, 511 upon reasonable notice, provide utilities service and access to Property for appraisals and inspections, including a Buyer's Initials' _ Page 9 of 11 Seller's Initials _ x Florida Realtors/FloritlaBar-1 Rev.6110 d 2010 Florida ReanorsO and The Florida Bar. All rights reserved. 407 559. 20- ADDITIONAL TERMS: (W 56o' The offer is contingent on approval by the Indian River County Board of County Commissioners 561- 562 563' 564' 565' 556` 567' 568• 569' S70 COUNTER-OFFERIREJECTION 57v 0 Seller counters Buyer's offer(to accept the counter-offer, Buyer must sign or initial the counter-offered terms and 672 defiler a copy of the acceptance to Seller). 573.0 Seller rejects Buyer's offer. 574 THIS IS INTENDED TO BEA LEGALLY BINDING CONTRACT.IF NOT FULLY UNDERSTOOD,SEEK THE ADVICE s7s OF AN ATTORNEY PRIOR TO SIGNING. 576 THIS FORM HAS BEEN APPROVED BY THE FLORIDA REALTORS AND THE FLORIDA BAR. 577 Approval of this form by the Florida Realtors and The Florida Bar does not constitute an opinion that any of the terms 578 and conditions in this Contract should be accepted by the parties in a particular transaction. Terms and conditions 579 should be negotiated based upon the respective interests, objectives and bargaining positions of all interested 580 persons.. sal AN ASTERISK(")FOLLOWING A LINE NUMBER IN THE MARGIN INDICATES THE LINE CONTAINS A BLANK TO 582 BE COMPLETED. Indian River County,Bo -County Commissioners 583` Vuyer. Date: 01 -,2 0- 3 (W A u g t_t C 1AJ o P_1<5 L) f '<e C. 0 A*_ we 584• Buyer: Date: 5W Seller: :..�'j��, ,�_ Date: lNilliam Laren 5a6' Seller: �� i, Date: Sandra Langdon 5a7 Buyer's address for purposes of notice Seller's address for purposes of notice Sas• 5a9' 590' 591 BROKER: Listing and Cooperatilig Brokers, if any, named below(collectively, "Broker"), are the only Brokers entitled 592 to comppnsation in connection with this Contract. Instruction to Closing Agent:. Seller and Buyer direct Closing Agent 593 to disburse at Closing the full amount of the brokerage fees as specified in separate brokerage 594 agreements with the .parties and cooperative agreements between the Brokers, except to the extent Broker has 59s retained*such fees from the escrowed funds_ This Contract shall not modify any MLS or other offer of compensation 598 made by Seller or Listing Broker to Cooperating Brake . 597• Karen Svlranson,Amir Thoma A ; Dennis Lamer -37 598 Cooperating Sales Associate,if any Listing Sales ASSOclate s99' Atlantic Shores Proertfes,Inc. Laurel Auency,Inc. Soo Cooperating Broker,if arty Listing Broker Page 11 of 11 FloridaRealtorstFloridaBar-1 Rev.6/10 m 2010 Florida RealtorsO and The Florida Bar. All rights reserved. T�A� Software and added formatting Q 2013 Alta Star Software,aA rights reserved.-www.altastar.e m•(877)279-8898 AL STIR A O k.e. 4 512 STANDARDS FOR REAL ESTATE TRANSACTIONS(CONTINUED) (W 513 walk-through(or follow-up walk-through if necessary) prior to Closing. 514 M. RISK OF LOSS: If, after Effective. Date, but before Closing, Property is damaged by fire or other casualty s15 ("Casualty Loss') and cost of restoration (which shall include cost of pruning or removing damaged trees) does not 516 exceed 1;5/0 of Purchase Price, cost of restoration shall be an obligation of Seller and Closing shall proceed 517 pursuant to terms of this Contract. If restoration is not completed as of Closing, a sum equal to 125% of estimated 518 cost to complete restoration (not to exceed 1.5% of Purchase Price), will be escrowed at Closing_ If actual cost of 519 restoration exceeds escrowed amount, Seller shall pay such actual costs (but, not in excess of 1.5% of Purchase 52o Price). Any unused portion of escrowed amount shall be returned to Seller. If cost of restoration exceeds 1.5% of 521 Purchase Price. Buyer shall elect to either take Property"as is" together with the 1.5% or receive a refund of the_ 322 �if,—f�e eeeleasing Buyer and' eller from all further obligations under this Contract. Seller's sole obligation 523 with respect to tree damage by casualty or other natural occurrence shall be cost of pruning or removal. sea N_ 1031 EXCHANGE: If either Seller or Buyer wish to enter into a like-kind exchange (either simultaneous with 525 Closing or deferred) under Section 1031 of the internal Revenue Code ("Exchange'), the other party shall cooperate s2s in all reasonable respects to effectuate the Exchange, including execution of documents; provided, however, 527 cooperating party shall incur no liability or expense related to the Exchange, and Closing shall not be contingent 528 upon,nor extended or delayed by,such Exchange. 529 O. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE; COPIES: Neither this Contract nor any 53o notice of"it shall be recorded in any public records.This Contract shall be binding on, and inure to the benefit of, the s31 parties and their respective heirs or successors in interest.Whenever the context permits,singular shall include plural 532 and one gender shall include all.Notice and delivery given by or to the attorney or broker(including such broker's real s33 estate licensee) representing any party shall be as effective as if given by or to that party. All notices must be in 534 writing and may be made by mail, personal delivery or electronic Cincluding "pdf) media. A legible facsimile or sss electronic(including"pdf)copy of this Contract and any signatures hereon shall be considered for all purposes as an 536 original. 537' P_ INTEGRATION; MODIFICATION: This Contract contains the full and complete understanding and agreement s38 of Buyer and Seller with respect to the transaction contemplated by this Contract and no prior agreements or 539 representations shall be binding upon Buyer or Seller unless included in this Contract_ No modification to or change Sao in this Contract shall be valid or binding upon Buyer or Seller unless in writing and executed by the parties intended sal to be bound by it. 542 Q. WAIVER: Failure of Buyer or Seller to insist on compliance with, or strict performance of, any provision o this 543 Contract, or to take advantage of any right under this Contract, shall not constitute a waiver of her provisions or 544 rights. Sas R. RIDERS; ADDENDA; TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Riders, addenda, and typewritten sas or handwritten provisions shall control all printed provisions of this Contract in conflict with them. 547 S. COLLECTION or COLLECTED: "COLLECTION" or"COLLECTED" means any checks tendered or received, sas_3nclu_djng;..D.eposits,have.become..actually and.finally.-collected and depositedInthe-account of-Escrow-Agent 544 or Closing Agent. Closing and disburse-ment of funds and delivery of Closing locum nts tray be delayed by sso Closing Agent until such amounts have been COLLECTED in Closing Agent's accounts. 551 T. LOAN' COMMITMENT: "Loan Commitment" means a statement by the lender setting forth the terms and 552 conditions upon which the lender is willing to make a particular mortgage loan to a particular borrower. s53 U. APPLICABLE LAW AND VENUE: This Contract shall be construed in accordance with the laws of the State of sso Florida and venue for resolution of all disputes,whether by mediation,arbitration or litigation,shall lie in the county in sm which the Real Property is located. 556 ADDENDA AND ADDITIONAL TERMS sso 19. ADDENDA: The following additional terms are included in the attached addenda and incorporated into this syr Contract(Check if applicable): ❑ A. Condominium Assn_ ❑ L. Right to Inspect/ ❑ R. Rezoning ❑ Y. Seller's Attorney ❑ B. Homeowners'Assn. Cancel ❑ S. LeasePurchase! Approval ❑ C. Seller Financing 11M.Defective Drywall Lease Option Z. Buyer's Attorney LI D_ Mortgage Assumption ❑ N.Coastal Construction ❑ T_ Pre-Closing Approval ❑ E. FH"A Financing Control Line Occupancy ❑ AA. Licensee-Personal ❑ F. Appraisal Contingency ❑ O. Insulation Disclosure ❑ U. Post-Closing Interest in Property ❑ G_ Short Sale X P. Pre-1978 Housing Occupancy ❑ BB. Binding Arbitration ❑ H_ Homeowners' Insurance Statement(Lead ❑ V. Sale of Buyer's X Other ❑ 1. FIRPTA Based Paint) Property Approval QfMeBoard ofCounfv (W Q J. Interest-Bearing Acct. ❑ Q.Housing for Older ❑ W.Back-up Contract Commissioners ❑ K_ "As Is" Persons ❑ X_ Kick-out Clause Buyer's Initials f r _— Pae 10 of 11 9 Seller's Initials FloridaReattors/FieridaBar-1 Rev.6110 0 2010 Florida Realtors®and The Florida Bar. All rights reserved. 409 Comprehensive hider to the Atlantic Shores Properties,Inc. Residential Contract for Sale and Purchase TITS FORM HAS BEEN APPROVED BY THE RIDA REALTORS AND THE FLORIDA BAR If initialed by all parties,the clauses below will be incorporated into the Florida Realtors®IFlorida Bar Residential Contract For Sale And Purchase between William Langdon and Sandra Langdon husband and wife (SELLER) and Indian!River County,Board of County Commissioners (BUYER) concerning the Property described as DAVILLA PARKSUB BLK/BLDG.-LOT 1 PB1/OR BK:P613-69 Buyer's Initials Seller's Initials Z.BUYERS ATTORNEY APPROVAL_ This Contract is contingent upon Buyer's attorney approving this Contract. If Buyer's attorney disapproves this Contract, then Buyer may terminate this Contract by delivering written notice to Seller on or before Ao G• 3 f Zay3, and Buyer shall be refunded the Deposit,thereby releasing Buyer and Seller from all further obligations under t is Contract. Page of Comprehensive Rider to the Residential Contract For Sale And Purchase CR-1 Rev.6110 ®2010 Florida ReaftorsS and The Florida Bar- All rights reserved. ALTA Software and added formatBng 452011 Aka Star Software,all rights reserved.-www.ahastar.com-(877)279-88M R 410 User RepOPZK03033YEN328-1421 sof i wr.r IN WITNESS WHEREOF, the undersigned have approved and executed this (W Residential Contract for Sale and Purchase. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY: Joseph E. Flescher, Chairman BCC Approved: Approved: By &,d JoPhA .. acrd Coinistrator Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved as to formWllega7lsfficiency William K. DeBraal Deputy County Attorney 411 �' �gtvER O ice of ?N)V INDIAN RIVER COUNTY ATTORNEY Dylan Reingold,County Attorney William K.DeBraal,Deputy County attorney • MEMORANDUM TO: Board of County Commissioners THROUGH: Christopher R. Mora, P.E., Public Works Director FROM: William K. DeBraal, Deputy County Attorney o— DATE: August 14, 2013 SUBJECT: 26th STREET ADVANCE ACQUISITION OF RIGHT-OF-WAY A vacant single family house, located at 5020 26th Street, Vero Beach, was recently foreclosed and subsequently auctioned bX Auctions & Appraisals, LLC. The house is on the northwest corner of 26th Street and 50t Avenue. County staff has been interested in obtaining the property as an advance right-of-way purchase for the widening of 26th Street. Staff submitted a bid during the auction and ultimately succeeded in purchasing the property for the price of $64,800 subject to Board approval. The parcel is in the Indian River Farms Co Subdivision and is 0.69 acres in size with 134 feet of frontage along 26th Street. The property is zoned RS-6, single family residential, up to six units per acre, and improved with a 2 bedroom, 1 bath wood frame house that was built in 1953. It is serviced by City of Vero Beach Utilities. The combined value of land and structures, from the County Property Appraiser website, was listed as $62,840 for the year 2012. No appraisal was done. Improvements to 26th Street will consist of widening to four lanes with a dedicated center left turn lane. Some right-of-way acquisition for 26th Street will likely be gained from the developer of the former Dodger Pines County Club site but many parcels of right-of-way will have to be taken from single family home sites. When staff became aware that this parcel had been foreclosed and was being auctioned, staff weighed the cost of purchasing the parcel on the open market against trying to take the parcel via eminent domain. Staff reasoned that buying the property now and taking the right-of-way needed and then reselling the property would avoid the expert witness costs and attorney's fees incurred in /C:\Documents and Settings\chrism\Desktop\26St widening,5020 26St BCC 08-20-13.doc 413 MEMORANDUM — ROW 26th Street 502026 th Street / August 14, 2013 Page 12 the eminent domain process. Thus, staff's plan is to purchase the entire property now for $64,800 plus closing costs (estimated total cost = $72,911.41 due at closing), take the right-of-way needed for the 26th Street improvements as shown on the attached sketch, and resell the property by sealed bid, minus the needed right-of-way. FUNDING: Funding in the amount of$183,435 has been budgeted for ROW for FY 12/13 from Optional Sales Tax/ROW/26th Street/43rd Ave to 66th Ave., Acct# 31521441-066120- 06011. For FY 12/13, $100 has been expended year to date. STAFF RECOMMENDATION: Staff recommends the Board approve the attached Contracts for Sale and Purchase $72,911.41 and authorize the Chairman to execute the contract on behalf of the Board. Staff further recommend that the Board direct that the needed right-of-way be taken from the property after purchase and to authorize sale of the remainder property at sealed bid. APPROVED AGENDA ITEM FOR: August 20, 2013 Indian River County Approved Date (W Administration Ahso BY: Budget Lk Legal �� 5 Public Works 414 Indian River County, Florida Property Appraiser-Printer Friendly Map Page 1 of 1 Print Back ., Indian River County GIS I ParcelID OwnerName PropertyAddress 32393300001015000002.0 WOLFF JAMES RYAN 5020 26TH ST VERO BEACH,FL 32966 Notes htw://www.irci)a.org/PrintMap.aspx 8/14/2011 5 Page 1 of 1 416 Pen„rraTvr,P=PhntngkWPhcitP=Tn(lian... R/14/2011 "AS IS" Residential Contract For Sale And Purchase tors° FloridaReal THIS FORM HAS BEEN APPROVED BY THE FLORIDA REALTORS AND THE FLORIDA BAR The Voice for Real Estate0in EstateFlorida PARTIES: Bamaric of VB, LLC ("Seller"), and Indian River County ("Buyer"), 3 agree that Seller shall sell and Buyer shall buy the following described Real Property and Personal 4 Property (collectively "Property") pursuant to the terms and conditions of this AS IS Residential Contract For Sale 5 And Purchase and any riders and addenda ("Contract"): 6 1. PROPERTY DESCRIPTION: 7• (a) Street address, city,zip: 5020 26th St.Vero Beach, FL 32966 a* (b) Properly is located in: Indian River County, Florida. Real Property Tax ID No: 32393300001015000002.0 9* (c) Legal description of the Real Property: Indian River Farms Co.Sub.PBS 2-12 W 134.3 feet of S.270 feet of W 10 10* Acres of Tr 15,as recorded in OR Book 387 pg 143 and also less por for add Ow on 26th St.per PBI 14-18 11 together with all existing improvements and fixtures, including built-in appliances, built-in furnishings and 12 attached wall-to-wall carpeting and flooring ("Real Property") unless specifically excluded below. 13 (d) Personal Property: The following items owned by Seller and existing on the Property as of the date 14 of the initial offer are included in the purchase ("Personal Property'): (i) range(s)/oven(s), dishwasher(s), 15 disposal, ceiling fan(s), intercom, light fixtures, rods, draperies and other window treatments, garage door 16 openers, and security gate and other access devices; and (ii) those additional items checked below. If 17* additional details are necessary, specify below. If left blank,the item below is not included: x❑Refrigerator(s) ❑ Smoke detector(s) ❑ Pool barder/fence ❑Storage shed El Microwave oven ❑ Security system ❑ Pool equipment s ❑Washer ❑Window/wall a/c � p ❑�antenna/satellite dish ❑Dryer ❑ Pool heater ❑Water softener/purifier ❑ Generator ❑ Spa or hot tub with heater ❑Storm shutters and ❑Stand-alone ice maker ❑Above ground pool panels 18 The only other items of Personal Property included in this purchase, and any additional details regarding 19* Personal Property, if necessary, are: any and all personal property presently in and on the subject property 20* and house. Personal Property is included in the Purchase Price, has no contributory value, and shall be left for the Buyer. (W (e) The following items are excluded from the purchase: 23* 24* 2. PURCHASE PRICE (U.S. currency): .......................................................................... $ 72,911.41 25* (a) Initial deposit to be held in escrow in the amount of (checks subject to COLLECTION)$ -0- 26 The initial deposit made payable and delivered to "Escrow Agent" named below 27* (CHECK ONE): ❑ accompanies offer or ❑ is to be made upon acceptance (Effective 28* Date) or ❑ is to be made within (if blank, then 3) days after Effective Date 29* Escrow Agent Information: Name: 30* Address: Phone: 31* E-mail: Fax: 32* (b)Additional deposit to be delivered to Escrow Agent within (if blank then 3) 33* days after Effective Date................................. ........................................................................ $ -0- 34 (All deposits paid or agreed to be paid, are collectively referred to as the"Deposit") 35* (c) Financing: Express as a dollar amount or percentage("Loan Amount")see Paragraph 8... $ -0- 36* (d)Other: $ -0- 37 (e) Balance to close (not including Buyer's closing costs, prepaids and prorations) by wire- 38* transfer or other COLLECTED funds.......................................................... $ 72,911.41 ...................... 39 NOTE: For the definition of"COLLECTION"or"COLLECTED"see STANDARD S. 4o 3. TIME FOR ACCEPTANCE OF OFFER AND COUNTER-OFFERS; EFFECTIVE DATE: 41* (a) If not signed by Buyer and Seller, and an executed copy delivered to all parties on or before 42* , this offer shall be deemed withdrawn and the Deposit, if any,will be returned to Buyer. 43 Unless otherwise stated, time for acceptance of any counter-offers shall be within 2 days after the day the 44 counter-offer is delivered. 45 (b) The effective date of this Contract will be the date when the last one of the Buyer and Seller has signed or A644� initialed this offer or final counter-offer("Effective Date"). 4. CLOSING DATE: Unless modified by other provisions of this Contract, the closing of this transaction shall occur and the closing documents required to be furnished by each party pursuant to this Contract shall be delivered 49* ("Closing")on ("Closing Date"), at the time established by the Closing Agent Buyer's Initials � Page 1 of 10 Seller's Initials "= FloridaReaftors/FloddaBar-ASIS-1 Rev.6/10©2010 Florida Realtors®and The Florida Bar. All rights reserved Senat#.020778-600137.6405473 f rn 1.•1 f , 7 50 5. EXTENSION OF CLOSING DATE: 51 (a) If Closing funds from Buyer's lender(s) are not available at time of Closing due to Truth In Lending Act(TILA) notice requirements, Closing shall be extended for such period necessary to satisfy TILA notice requirements, not to exceed 7 days. 54 (b) If extreme weather or other condition or event constituting "Force Majeure" (see STANDARD G) causes: 55 (i) disruption of utilities or other services essential for Closing, or (ii) Hazard, Wind, Flood or Homeowners' 56 insurance, to become unavailable prior to Closing, Closing will be extended a reasonable time up to 3 days 57 after restoration of utilities and other services essential to Closing, and availability of applicable Hazard, Wnd, 58 Flood or Homeowners' insurance. If restoration of such utilities or services and availability of insurance has not 59• occurred within (if left blank, 14) days after Closing Date, then either party may terminate this 60 Contract by delivering written notice to the other party, and Buyer shall be refunded the Deposit, thereby 61 releasing Buyer and Seller from all further obligations under this Contract. 62 6. OCCUPANCY AND POSSESSION: Unless otherwise stated herein, Seller shall at Closing, have removed all 63 personal items and trash from the Property and shall deliver occupancy and possession, along with all keys, 64 garage door openers, access devices and codes, as applicable, to Buyer. If Property is intended to be rented or 65 occupied beyond Closing, the fact and terms thereof and the tenant(s) or occupants shall be disclosed pursuant 66 to STANDARD D. If occupancy is to be delivered before Closing, Buyer assumes all risks of loss to Property from 67 date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have 66 accepted Property in its existing condition as of time of taking occupancy. 69• 7. ASSIGNABILITY: (CHECK ONE) Buyer ❑ may assign and thereby be released from any further liability 70* under this Contract; 0 may assign but not be released from liability under this Contract; or ❑ may not assign 71 this Contract. 72 FINANCING 73 8.FINANCING: 74' ❑x (a) Buyer will pay cash or may obtain a loan for the purchase of the Property. There is no financing 75 contingency to Buyer's obligation to close. 76* ❑ (b) eemmitmentA 77' ❑ VA loan on the following terms within (if blank, then 30) days after Effective Dat Loan (W Commitment Date") for: (CHECK ONE): ❑ fixed, ❑ adjustable, ❑ fixed or adjustable a loan in the principal amount of$ or % of the Purchase Price, at an initi interest rate 80• not to exceed % (if blank, then prevailing rate based upon Buyer's creditwo ' ess), and for a 81` term of years("Financing"). 62• Buyer will make mortgage loan.application for the Financing within blank, then 5) days after 83 Effective Date and use good faith and diligent effort to obtain a written loa commitment for the Financing E4 ("Loan Commitment") and close this Contract. Buyer shall keep Sell and Broker fully informed about 85 the status of mortgage loan application and Loan Commitment an authorizes Buyer's mortgage broker 66 and Buyer's lender to disclose such status and progress to Sell and Broker. 87 If Buyer does not receive Loan Commitment, then Buyer ay terminate this Contract by delivering written sa notice to Seller, and the Deposit shall be refunded t uyer, thereby releasing Buyer and Seller from all as further obligations under this Contract. so If Buyer does not deliver written notice to S r of receipt of Loan Commitment or Buyer's written waiver of 91 this financing contingency, then after an Commitment Date Seller may terminate this Contract by 92 delivering written notice to Buyer an a Deposit shall be refunded to Buyer, thereby releasing Buyer and 93 Seller from all further obligations der this Contract. 94 If Buyer delivers written tice of receipt of Loan Commitment to Seller and this Contract does not 95 thereafter close, the D osit shall be paid to Seller unless failure to close is due to: (1) Seller's default; 96 (2) Properly related nditions of the Loan Commitment have not been met(except when such conditions 97 are waived by o r provisions of this Contract); (3)appraisal of the Property obtained by Buyer's lender is 98 insufficient t eet terms of the Loan Commitment; or(4) the loan is not funded due to financial failure of ss Buyer's I er, in which event(s)the Deposit shall be returned to Buyer, thereby releasing Buyer an a ler ao0 from rther obligations under this Contract. i• El (c) A mptiorrof existing mortgage(see rider for terms). 02. ❑ (d) Buyer's Initials Page 2 of 10 Seller's Initials FloridaReaftors/FloridaBar-ASIS-1 Rev.6/10©2010 Florida Realtors®and The Florida Bar. All rights reserved. ^ SerlaW.020778-500137.8405473 {•� 9 411 1 1Ct 151 DISCLOSURES 152 10. DISCLOSURES: 153 (a) RADON GAS: Radon is a naturally occurring radioactive gas that, when it is accumulated in a building in 54 sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that ,; exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding 156 radon and radon testing may be obtained from your county health department. 157 (b) PERMITS DISCLOSURE: Except as may have been disclosed by Seller to Buyer in a written disclosure, 158 Seller does not know of any improvements made to the Property which were made without required 159 permits or made pursuant to permits which have not been properly closed. 160 (c) MOLD: Mold is naturally occurring and may cause health risks or damage to property. If Buyer is concerned or 161 desires additional information regarding mold, Buyer should contact an appropriate professional. 162 (d) FLOOD ZONE; ELEVATION CERTIFICATION: Buyer is advised to verify by elevation certificate which flood 163 zone the Property is in, whether flood insurance is required by Buyer's lender, and what restrictions apply to 164 improving the Property and rebuilding in the event of casualty. If Property is in a"Special Flood Hazard Area" 165 or "Coastal High Hazard Area" and finished floor elevation is below minimum flood elevation, Buyer may 166 terminate this Contract by delivering written notice to Seller within 20 days after Effective Date, failing which 167 Buyer accepts existing elevation of buildings and flood zone designation of Property. 168 (e) ENERGY BROCHURE: Buyer acknowledges receipt of Florida Energy-Efficiency Rating Information Brochure 169 required by Section 553.996, F.S. 170 (f) LEAD-BASED PAINT: If Property includes pre-1978 residential housing, a lead-based paint rider is 171 mandatory. 172 (g) HOMEOWNERS' ASSOCIATION/COMMUNITY DISCLOSURE: BUYER SHOULD NOT EXECUTE THIS 173 CONTRACT UNTIL BUYER HAS RECEIVED AND READ THE HOMEOWNERS' 174 ASSOCIATIONICOMMUNITY DISCLOSURE, IF APPLICABLE. 175 (h) PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT 176 PROPERTY TAXES AS THE AMOUNT OF PROPERTY TAXES THAT THE BUYER MAY BE OBLIGATED 177 TO PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNERSHIP OR PROPERTY 178 IMPROVEMENTS TRIGGERS REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER 179 PROPERTY TAXES. IF YOU HAVE ANY QUESTIONS CONCERNING VALUATION, CONTACT THE 180 COUNTY PROPERTY APPRAISER'S OFFICE FOR INFORMATION. (i) TAX WITHHOLDING: If Seller is a"foreign person"as defined by the Foreign Investment in Real Property Tax Act("FIRPTA"), Buyer and Seller will comply with FIRPTA,which may require Seller to provide additional cash 183 at Closing. 184 Q) SELLER DISCLOSURE: Seller knows of no facts materially affecting the value of the Real Property which are 185 not readily observable and which have not been disclosed to Buyer. Except as stated in the preceding sentence 186 or otherwise disclosed in writing: (1) Seller has received no written or verbal notice from any governmental 187 entity or agency as to a currently uncorrected building, environmental or safety code violation; and (2) Seller 188 extends and intends no warranty and makes no representation of any type, either express or implied, as to the 189 physical condition or history of the Property. 190 PROPERTY MAINTENANCE,CONDITION, INSPECTIONS AND EXAMINATIONS 191 11. PROPERTY MAINTENANCE: Except for ordinary wear and tear and Casualty Loss, Seller shall maintain the 192 Property, including, but not limited to, lawn, shrubbery, and pool, in the condition existing as of Effective Date 193 ("AS IS Maintenance Requirement"). 194 12. PROPERTY INSPECTION; RIGHT TO CANCEL: 195; (a) PROPERTY INSPECTIONS AND RIGHT TO CANCEL:Buyer shall have NA (if blank, 15)days from 196 Effective Date(`Inspection Period") within which to have such inspections of the Property performed 197 as Buyer shall desire during the Inspection Period. If Buyer determines, in Buyer's sole discretion, that 198 the Property is not acceptable to Buyer, Buyer may terminate this Contract by delivering written notice 199 of such election to Seller prior to expiration of Inspection Period. If Buyer timely terminates this 200 Contract, the Deposit paid shall be immediately returned to Buyer, thereupon, Buyer and Seller shall 201 be released of all further obligations under this Contract, however, Buyer shall be responsible for 202 prompt payment for such inspections, for repair of damage to, and restoration of, the Property 203 resulting from such inspections, and shall provide Seller with paid receipts for all work done on the 204 Property(the preceding provision shall survive termination of this Contract). Unless Buyer exercises 205 the right to terminate granted herein, Buyer accepts the physical condition of the Property and any '706 violation of governmental, building, environmental, and safety codes, restrictions, or requirements, but subject to Seller's continuing AS IS Maintenance Requirement, and Buyer shall be responsible for any and all repairs and improvements required by Buyer's lender. Buyer's Initials Page 4 of 10 Seller's Initials —age A4_ FloridaReaftors/Florida ar-ASIS-1 Rev.6110©2010 Florida Realtors®and The Florida Bar. All rights reserved. & O SedaW.020778-500137-6405473 forlI.1 S 11,lipJ I� 209 (b) WALK-THROUGH INSPECTION/RE-INSPECTION: On the day prior to Closing Date, or on Closing Date prior 210 to time of Closing, as specified by Buyer, Buyer or Buyer's representative may perform a walk-through (and 211 follow-up walk-through, if necessary) inspection of the Property solely to confirm that all items of Personal 912 Property are on the Property and to verify that Seller has maintained the Property as required by the AS IS Maintenance Requirement and has met all other contractual obligations. a (c) SELLER ASSISTANCE AND COOPERATION IN CLOSE-OUT OF BUILDING PERMITS: If Buyer's 215 inspection of the Property identifies open or needed building permits, then Seller shall promptly deliver to 216 Buyer all plans, written documentation or other information in Seller's possession, knowledge, or control 217 relating to improvements to the Property which are the subject of such open or needed Permits, and shall 216 promptly cooperate in good faith with Buyer's efforts to obtain estimates of repairs or other work necessary to 219 resolve such Permit issues. Seller's obligation to cooperate shall include Seller's execution of necessary 220 authorizations, consents, or other documents necessary for Buyer to conduct inspections and have estimates 221 of such repairs or work prepared, but in fulfilling such obligation, Seller shall not be required to expend, or 222 become obligated to expend, any money. 223 (d) ASSIGNMENT OF REPAIR AND TREATMENT CONTRACTS AND WARRANTIES: At Buyer's option and 224 cost, Seller will, at Closing, assign all assignable repair, treatment and maintenance contracts and warranties 225 to Buyer. 226 ESCROW AGENT AND BROKER 227 13. ES OW AGENT: Any Closing Agent or Escrow Agent (collectively "Agent") receiving the Deposit, other fu s 226 and o r items is authorized, and agrees by acceptance of them, to deposit them promptly, hold same in a row 229 within th' State of Florida and, subject to COLLECTION, disburse them in accordance with terms and ditions 230 of this Con ct' Failure of funds to become COLLECTED shall not excuse Buyer's performance. Me nflicting 231 demands for a Deposit are received, or Agent has a good faith doubt as to entitlement to the posit, Agent 232 may take such a ions permitted by this Paragraph 13, as Agent deems advisable. If in doubt as Agent's duties 233 or liabilities under 's Contract, Agent may, at Agent's option, continue to hold the subject er of the escrow 234 until the parties agr to its disbursement or until a final judgment of a court of comp ent jurisdiction shall 235 determine the rights of th parties, or Agent may deposit same with the clerk of thecircu' ourt having jurisdiction 236 of the dispute. An attorne ho represents a party and also acts as Agent may re -sent such party in such 237 action. Upon notifying all part concerned of such action, all liability on the part f Agent shall fully terminate, 238 except to the extent of account for any items previously delivered out of crow. If a licensed real estate broker, Agent will comply with pro ' ions of Chapter 475, F.S., as amende and FREC rules to timely resolve escrow disputes through media t n, arbitration, interpleader o an escrow disbursement order. 241 Any proceeding between Buyer and Sell wherein Agent is made a pa because of acting as Agent hereunder, 242 or in any proceeding where Agent interple s the subject matter of a escrow, Agent shall recover reasonable 243 attorney's fees and costs incurred, to be pal ursuant to court er out of the escrowed funds or equivalent. 244 Agent shall not be liable to any party or person to is-delivery any escrowed items, unless such mis-delivery is 245 due to Agent's willful breach of this Contract or Age 's gross egligence. This Paragraph 13 shall survive Closing 246 or termination of this Contract. 247 14. PROFESSIONAL ADVICE; BROKER LIABILITY: Bro advises Buyer and Seller to verify Property condition, 248 square footage, and all other facts and representatio ma ursuant to this Contract and to consult appropriate 249 professionals for legal, tax, environmental, and of r specialize advice concerning matters affecting the Property 250 and the transaction contemplated by this Contr t. Broker repres is to Buyer that Broker does not reside on the 251 Property and that all.representations (oral, en or otherwise) by ker are based on Seller representations or 252 public records. BUYER AGREES TO ELY SOLELY ON SELL PROFESSIONAL INSPECTORS AND 253 GOVERNMENTAL AGENCIES FOR RIFICATION OF PROPERTY NDITION, SQUARE FOOTAGE AND 254 FACTS THAT MATERIALLY AFF PROPERTY VALUE AND NOT 0 HE REPRESENTATIONS (ORAL, 255 WRITTEN OR OTHERWISEO BROKER. Buyer and Seller (individuall the "Indemnifying Party") each 256 individually indemnifies, hold) armless, and releases Broker and Broker's kers, directors, agents and 257 employees from all liability loss or damage, including all costs and expenses, a reasonable attorney's fees 258 at all levels, suffered ori rred by Broker and Broker's officers, directors, agents an mployees in connection 259 with or arising from cl ' s, demands or causes of action instituted by Buyer or Seller ba d on: (i) inaccuracy of 260 information provide y the Indemnifying Party or from public records; (ii) Indemnifying Party misstatement(s)or 261 failure to perfor contractual obligations; (iii) Broker's performance, at Indemnifying Party's re est, of any task 262 beyond the ope of services regulated by Chapter 475, F.S., as amended, including B er's referral, 263 recommen tion or retention of any vendor for, or on behalf of, Indemnifying Party; (iv) product or services 264 provide y any such vendor for, or on behalf of, Indemnifying Party; and (v) expenses incurred by ny such 265 vend . Buyer and Seller each assumes full responsibility for selecting and compensating their respective ndors an aying their other costs under this Contract whether or not this transaction closes. This Paragraph 14 wi of ieve Broker of statutory obligations under Chapter 475, F.S., as amended. For purposes of this Paragraph , Buyer's Initials Page 5 of 10 Seller's Initial */I--- FloridaRealtors/FloddaBar-ASIS-1. Rev.6/10©2010 Florida Realtors®and The Florida Bar. All rights reserved. .. __ _ SenaW.020778.500137-6405473 finriansim�i-ici42 1 268 Broker will be treated as a party to this Contract. This Paragraph 14 shall survive Closing or termination of this 269 Contract. 270 DEFAULT AND DISPUTE RESOLUTION 1 L15. DEFAULT: 2 (a) BUYER DEFAULT: If Buyer fails, neglects or refuses to perform Buyer's obligations under this Contract, 273 including payment of the Deposit, within the time(s) specified, Seller may elect to recover and retain the 274 Deposit for the account of Seller as agreed upon liquidated damages, consideration for execution of this 275 Contract, and in full settlement of any claims, whereupon Buyer and Seller shall be relieved from all further 276 obligations under this Contract, or Seller, at Seller's option, may, pursuant to Paragraph 16, proceed in equity 277 to enforce Seller's rights under this Contract. The portion of the Deposit, if any, paid to Listing Broker upon 278 default by Buyer, shall be split equally between Listing Broker and Cooperating Broker; provided however, 279 Cooperating Broker's share shall not be greater than the commission amount Listing Broker had agreed to pay 280 to Cooperating Broker. 281 (b) SELLER DEFAULT: If for any reason other than failure of Seller to make Seller's title marketable after 282 reasonable diligent effort, Seller fails, neglects or refuses to perform Seller's obligations under this Contract, 283 Buyer may elect to receive return of Buyer's Deposit without thereby waiving any action for damages resulting 284 from Seller's breach, and, pursuant to Paragraph 16, may seek to recover such damages or seek specific 285 performance. This Paragraph 15 shall survive Closing or termination of this Contract. 286 16. DISPUTE RESOLUTION: Unresolved controversies, claims and other matters in question between Buyer and 287 Seller arising out of, or relating to, this Contract or its breach, enforcement or interpretation ("Dispute") will be 288 settled as follows: 289 (a) Buyer and Seller will have 10 days after the date conflicting demands for the Deposit are made to attempt to 290 resolve such Dispute, failing which, Buyer and Seller shall submit such Dispute- to mediation under 291 Paragraph 16(b). 292 (b) Buyer and Seller shall attempt to settle Disputes in an amicable manner through mediation pursuant to Florida 293 Rules for Certified and Court-Appointed Mediators and Chapter 44, F.S., as amended (the"Mediation Rules"). 294 The mediator must be certified or must have experience in the real estate industry. Injunctive relief may be 295 sought without first complying with this Paragraph 16(b). Disputes not settled pursuant to this Paragraph 16 298 may be resolved by instituting action in the appropriate court having jurisdiction of the matter. This Paragraph 16 297 shall survive Closing or termination of this Contract. ( 8 17.ATTORNEY'S FEES; COSTS: The parties will split equally any mediation fee incurred in any mediation permitted 46�9 by this Contract, and each party will pay their own costs, expenses and fees, including attorney's fees, incurred in 300 conducting the mediation. In any litigation permitted by this Contract, the prevailing party shall be entitled to 301 recover from the non-prevailing party costs and fees, including reasonable attorney's fees, incurred in conducting 302 the litigation. This Paragraph 17 shall survive Closing or termination of this Contract. 303 STANDARDS FOR REAL ESTATE TRANSACTIONS ("STANDARDS") 304 18.STANDARDS: 305 A. TITLE: 306 (i) TITLE EVIDENCE; RESTRICTIONS; EASEMENTS; LIMITATIONS: Within the time period provided in 307 Paragraph 9(c), the Title Commitment, with legible copies of instruments listed as exceptions attached thereto, shall 308 be issued and delivered to Buyer. The Title Commitment shall set forth those matters to be discharged by Seller at or 309 before Closing and shall provide that, upon recording of the deed to Buyer, an owner's policy of title insurance in the 310 amount of the Purchase Price, shall be issued to Buyer insuring Buyer's marketable title to the Real Property, 311 subject only to the following matters: (a) comprehensive land use plans, zoning, and other land use restrictions, 312 prohibitions and requirements imposed by governmental authority; (b) restrictions and matters appearing on the Plat 313 or otherwise common to the subdivision; (c) outstanding oil, gas and mineral rights of record without right of entry; 314 (d) unplatted public utility easements of record (located contiguous to real property lines and not more than 10 feet in 315 width as to rear or front lines and 7 1/2 feet in width as to side lines); (e) taxes for year of Closing and subsequent 316 years; and (f) assumed mortgages and purchase money mortgages, if any (if additional items, attach addendum); 317 provided, that none prevent use of the Property for RESIDENTIAL PURPOSES. If there exists at Closing any 318 violation of items identified in (b) - (f) above, then the same shall be deemed a title defect. Marketable title shall be 319 determined according to applicable Title Standards adopted by authority of The Florida Bar and in accordance with 320 law. 321 (ii) TITLE EXAMINATION: Buyer shall have 5 days after receipt of Title Commitment to examine it and notify 322 Seller in writing specifying defect(s), if any, that render title unmarketable. If Seller provides Title Commitment and it 323 is delivered to Buyer less than 5 days prior to Closing Date, Buyer may extend Closing for up to 5 days after 4date of receipt to examine same in accordance with this STANDARD A. Seller shall have 30 days ("Cure Period") 25 after receipt of Buyer's notice to take reasonable diligent efforts to remove defects. If Buyer fails to so notify Seller, 326 Buyer shall be deemed to have accepted title as it then is. If Seller cures defects within Cure Period, S Iter will Buyer's Initials C_V� Page 6 of 10 Seller's Initi FloridaReakors/FloridaBar-ASIS-1 Rev.6/10©2010 Florida Realtors®and The Florida Bar. All rights reserved. _._- __._.._. . Serial:020778-500137.6405473 forms,ms l p f l c j 327 STANDARDS FOR REAL ESTATE TRANSACTIONS (CONTINUED) 328 deliver written notice to Buyer (with proof of cure acceptable to Buyer and Buyer's attorney) and the parties will 329 close this Contract on Closing Date (or if Closing Date has passed, within 10 days after Buyer's receipt of Seller's 33o notice). If Seller is unable to cure defects within Cure Period, then Buyer may, within 5 days after expiration of ( i Cure Period, deliver written notice to Seller. (a) extending Cure Period for a specified period not to exceed 120 days W.2 within which Seller shall continue to use reasonable diligent effort to remove or cure the defects ("Extended Cure 333 Period"); or(b) electing to accept title with existing defects and close this Contract on Closing Date(or if Closing Date 334 has passed, within the earlier of 10 days after end of Extended Cure Period or Buyer's receipt of Seller's notice), or 335 (c) electing to terminate this Contract and receive a refund of the Deposit, thereby releasing Buyer and Seller from 336 all further obligations under this Contract. If after reasonable diligent effort, Seller is unable to timely cure defects, 337 and Buyer does not waive the defects, this Contract shall terminate, and Buyer shall receive a refund of the Deposit, 338 thereby releasing Buyer and Seller from all further obligations under this Contract. 339 B. SURVEY: If Survey discloses encroachments on the Real Property or that improvements located thereon 34o encroach on setback lines, easements, or lands of others; or violate any restrictions, covenants, or applicable 341 governmental regulations described in STANDARD A(i)(a), (b) or(d) above, Buyer shall deliver written notice of such 342 matters, together with a copy of Survey, to Seller within 5 days after Buyer's receipt of Survey, but no later than 343 Closing. If Buyer timely delivers such notice and Survey to Seller, such matters identified in the notice and Survey 344 shall constitute a title defect, subject to cure obligations of STANDARD A above. If Seller has delivered a prior 345 survey, Seller shall, at Buyer's request, execute an affidavit of "no change" to the Real Property since the 346 preparation of such prior survey, to the extent the affirmations therein are true and correct. 347 C. INGRESS AND EGRESS: Seller represents that there is ingress and egress to the Real Property and title to 348 the Real Property is insurable in accordance with STANDARD A without exception for lack of legal right of access. 349 .15--LEA SES_ : Seller shall, within 5 days after Inspection Period, furnish to Buyer copies of all written leases 350 estoppel le L.eaach tenant specifying nature and duration of tenant's occupancy, rental rate riced rent 351 and security deposits pa' ii ant, and income and expense statements for r 2 months ('L---- 352 Information"). If Seller is unable to obtai el letters from tenants a information shall be furnished by 353 Seller to Buyer within that time period in the form o It, and Buyer may thereafter contact tenant(s) 354 to confirm such information. If terms of the leas r materia y flees representations, Buyer may deliver 355 written notice to Seller within 5 da receipt of Lease Information, but no an 5 days prior to Closing 356 Date, terminating this and receive a refund of the Deposit, thereby releasing Buye eller from all '7 further obj under this Contract. Seller shall, at Closing, deliver and assign all original leases to u ho) assume Seller's obligation thereunder. 59 S: Seller, shall furnish to Buyer at Closing an affidavit attesting; (i) to the absence of any in 360 statement, c al 4ea- ootential lienors known to Seller, and (ii)that there have been no im s or repairs 361 to the Real Property for 90 days tmediativ receding Closing Date. If the erty has been improved or 362 repaired within that time, Seller shall deliver re ai onstruction liens executed by all general 363 contractors, subcontractors, suppliers and mated a dition o . n affidavit setting forth names of all 364 such general contractors, subco , suppliers and materialmen, further a all charges for 365 improvements or re . c could serve as a basis for a construction lien or a claim for damages hav 366 or wi . at Closing. 367 . TIME: Calendar days shall be used in computing time periods. Any time periods provided for in this Contract 368 -which shall end on a Saturday, Sunday, or a national legal holiday (see 5 U.S.C. 6103) shall extend to 5:00 p.m. 369 (where the Property is located)of the next.business day. Time is of the essence in this Contract. 37o G. FORCE MAJEURE: Buyer or Seller shall not be required to perform any obligation under this Contract or be 371 liable to each other for damages so long as performance or non-performance of the obligation is delayed, caused or 372 prevented by Force Majeure. "Force Majeure" means: hurricanes, earthquakes, floods, fire, acts of God, unusual 373 transportation delays, wars, insurrections, acts of terrorism, and any other cause not reasonably within control of 374 Buyer or Seller, and which, by exercise of reasonable diligent effort, the non-performing party is unable in whole or in 375 part to prevent or overcome. All time periods, including Closing Date, will be extended for the period that the Force 376 Majeure prevents performance under this Contract, provided, however, if such Force Majeure continues to prevent 377 performance under this Contract more than 14 days beyond Closing Date, then either party may terminate this 378 Contract by delivering written notice to the other and the Deposit shall be refunded to Buyer, thereby releasing Buyer 379 and Seller from all further obligations under this Contract. 38o H. CONVEYANCE: Seller shalt convey marketable title to the Real Property by statutory warranty, trustee's, 381 personal representative's, or guardian's deed, as appropriate to the status of Seller, subject only to matters described 382 in STANDARD A and those accepted by Buyer. Personal Property shall, at request of Buyer, be transferred by 383 absolute bill of sale with warranty of title, subject only to such matters as may be provided for in this Contract. 1. CLOSING LOCATION; DOCUMENTS;AND PROCEDURE: (i) LOCATION: Closing will take place in the county where the Real Property is located at the office of the 386 attorney oaaBar-ASISA closing agent ("Closing Agent") designated by the party paying for the owner's poli of title Buyer's Initials Page 7 of 10 Seller's Initial FloridaReakors/FloRev.6/10©2010 Florida Realtors®and The Florida Bar. All rights reserved. ^._ _-_- __. _.. _- . .._ ._ _ _.___. L 3 Seriagk 020778-500137-6405473 fttlrird s I m 1 i'6. 387 STANDARDS FOR REAL ESTATE TRANSACTIONS (CONTINUED) 388 insurance, or, if no title insurance, designated by Seller. Closing may be conducted by mail or electronic means. 389 (ii) OCUMENTS: At Closing, Seller shall furnish and pay for, as applicable, deed 0 certificate of title, cons r affidavit, owner's possession affidavit, assi is a1l-1 ases, and corrective instruments. Seller shall provide Buyer wl i is f e on the Property pursuant to this Contract. 392 Buyer shall furnish and pay for, as o gage, m te, security agreement, financing statements, 393 survey, base i ication, and other documents required by Buye s der. 394 f i ROCEDURE: The deed shall be recorded upon COLLECTION of all closing funds. If the Title 395 Commitment provides insurance against adverse matters pursuant to Section 627.7841, F.S., as amended, the 396 escrow closing procedure required by STANDARD J shall be waived, and Closing Agent shall, subject to 397 COLLECTION of all closing funds, disburse at Closing the brokerage fees to Broker and the net sale proceeds to 398 Seller. 399 J. ESCROW CLOSING PROCEDURE: If Title Commitment issued pursuant to Paragraph 9(c) does not provide 400 for insurance against adverse matters as permitted under Section 627.7841, F.S., as amended, the following escrow 401 and closing procedures shall apply: (1) all Closing proceeds shall be held in escrow by the Closing Agent for a period 402 of not more than 10 days after Closing; (2) if Seller's title is rendered unmarketable, through no fault of Buyer, Buyer 403 shall, within the 10 day period, notify Seller in writing of the defect and Seller shall have 30 days from date of receipt 404 of such notification to cure the defect; (3) if Seller fails to timely cure the defect, the Deposit and all Closing funds 405 paid by Buyer shall, within 5 days after written demand by Buyer, be refunded to Buyer and, simultaneously with 406 such repayment, Buyer shall return the Personal Property, vacate the Real Property and re-convey the Property to 407 Seller by special warranty deed and bill of sale; and (4) if Buyer fails to make timely demand for refund of the 408 Deposit, Buyer shall take title as is, waiving all rights against Seller as to any intervening defect except as may be 409 available to Buyer by virtue of warranties contained in the deed or bill of sale. 410 11 P DATIONS; CREDITS: The following recurring items will be made current (if applicable) and prorated f 411 the a 'or to Closing Date, or date of occupancy if occupancy occurs before Closing Date: real e taxes 412 (including spe ' enefit tax assessments imposed by a CDD), interest, bonds, association f nsurance, rents 413 and other expenses o erty. Buyer shall have option of taking over existing policies o ' urance, if assumable, in 414 which event premiums shall rated. Cash at Closing shall be increased o reased as may be required by 415 prorations to be made through day prl Closing. Advance rent and Ity deposits, if any, will be credited to 416 Buyer. Escrow deposits held by Seller's mortg will be paid t er. Taxes shall be prorated based on current mu year's tax with due allowance made for maxim alto Iscount, homestead and other exemptions. If Closing occurs on a date when current year's millage is ' ed but t year's assessment is available, taxes will be 419 prorated based upon such assessment an or year's millage. If cur r ear's assessment is not available, then 420 taxes will be prorated on prior year's . f there are completed improvements o eal Property by January 1st of 421 year of Closing, which imp ro ents were not in existence on January 1st of prior year, taxes shall be prorated 422 based upon prior ye I lage and at an equitable assessment to be agreed upon between the s failing which, 423 request shall ade to the County Property Appraiser for an informal assessment taking into acco ailable 424 exem s. A tax proration based on an estimate shall, at either party's request, be readjusted upon receip 425 rent year's tax bill. This STANDARD K shall survive Closing. 426 L. ACCESS TO PROPERTY TO CONDUCT APPRAISALS, INSPECTIONS, AND WALK-THROUGH: Seller shall, 427 upon reasonable notice, provide utilities service and access to Property for appraisals and inspections, including a 428 walk-through (or follow-up walk-through if necessary)prior to Closing. 429 M. RISK OF LOSS: If, after Effective Date, but before Closing, Property is damaged by fire or other casualty 430 ("Casualty Loss") and cost of restoration (which shall include cost of pruning or removing damaged trees) does not 431 exceed 1.5% of Purchase Price, cost .of restoration shall be an obligation of Seller and Closing shall proceed 432 pursuant to terms of this Contract. If restoration is not completed as of Closing, a sum equal to 125% of estimated 433 cost to complete restoration (not to exceed 1.5% of Purchase Price), will be escrowed at Closing. If actual cost of 434 restoration exceeds escrowed amount, Seller shall pay such actual costs (but, not in excess of 1.5% of Purchase 435 Price). Any unused portion of escrowed amount shall be returned to Seller. If cost of restoration exceeds 1.5% of 436 Purchase Price, Buyer shall elect to either take Property "as is" together with the 1.5%, or receive a refund of the 437 Deposit, thereby releasing Buyer and Seller from all further obligations under this Contract. Seller's sole obligation 438 with respect to tree damage by casualty or other natural occurrence shall be cost of pruning or removal. 439 N. 1031 EX 440 Closing or deferred) under Section 1031 of the Internal Revenue a , the other party shall cooperate�� 441 in all reasonable respects to effectu e, including execution of documents; provided, however 442 cooperatingo lability or expense related to the Exchange, and Closing shall not be contingent 443 , FO. CONTRACT NOT RECORDABLE; PERSONS BOUND; NOTICE; COPIES: Neither this Contract nor any 5 notice of it shall be recorded in any public records. This Contract shall be binding on, and inure to the benefit of, the 446 parties and th ' respective heirs or successors in interest. Whenever the context permits, singular shall in I de ural Buyer's Initials CPage 8 of 10 Seller's Initial FloridaRealtors/FloridaBar-ASIS-1 Rev.6110©2010 Florida Realtors®and The Florida Bar. All rights reserved. Serial#:020775-600137.6405473 orin s i m p 1 c 447 STANDARDS FOR REAL ESTATE TRANSACTIONS (CONTINUED) 448 and one gender shall include all. Notice and delivery given by or to the attorney or broker(including such broker's real 449 estate licensee) representing any party shall be as effective as if given by or to that party. All notices must be in 450 writing and may be made by mail, personal delivery or electronic (including "pdf') media. A legible facsimile or 4�1electronic(including "pdf') copy of this Contract and any signatures hereon shall be considered for all purposes as an 2 original. 453 P. INTEGRATION; MODIFICATION: This Contract contains the full and complete understanding and agreement of 454 Buyer and Seller with respect to the transaction contemplated by this Contract and no prior agreements or 455 representations shall be binding upon Buyer or Seller unless included in this Contract. No modification to or change 456 in this Contract shall be valid or binding upon Buyer or Seller unless in writing and executed by the parties intended 457 to be bound by it. 458 Q. WAIVER: Failure of Buyer or Seller to insist on compliance with, or strict performance of, any provision of this 459 Contract, or to take advantage of any right under this Contract, shall not constitute a waiver of other provisions or 46o rights. 461 R. RIDERS; ADDENDA; TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Riders, addenda, and typewritten 462 or handwritten provisions shall control all printed provisions of this Contract in conflict with them. 463 S. COLLECTION or COLLECTED: '-COLLECTION,,or,,COLLECTED11 means any checks tendered or received, 464 including Deposits, have become actually and finally collected and deposited in the account of Escrow Agent 465 or Closing Agent. Closing and disbursement of funds and delivery of Closing documents may be delayed by 466 Closing Agent until such amounts have been COLLECTED in Closing Agent's accounts. 467 T. LO 468 C abs U. APPLICABLE LAW AND VENUE: This Contract shall be construed in accordance with the laws of the State of 47o Florida and venue for resolution of all disputes, whether by mediation, arbitration or litigation, shall lie in the county in 471 which the Real Property is located. 472 X. BUYER WAIVER OF CLAIMS: Buyer waives any claims against Seller and, to the extent permitted by 473 law, against any real estate licensee involved in the negotiation of this Contract, for any defects or other 474 damage that may exist at Closing of this Contract and be subsequently discovered by the Buyer or anyone 475 claiming by, through, under or against the Buyer. 6 ADDENDA AND ADDITIONAL TERMS 19. ADDENDA: The following additional terms are included in the attached addenda and incorporated into this 478* Contract(Check if applicable): ❑A. Condominium Assn. ❑ L. RESERVED ❑ R. Rezoning ❑Y. Seller's Attorney ❑ B. Homeowners'Assn. ❑ S. Lease Purchase/ Approval ❑ C. Seller Financing ❑ M. Defective Drywall Lease Option [I Z. Buyer's Attorney ❑ D. Mortgage Assumption ❑ N. Coastal Construction ❑ T. Pre-Closing Approval ❑ E. FHA/VA Financing Control Line Occupancy ❑AA. Licensee-Personal ❑ F. Appraisal Contingency ❑ O. Insulation Disclosure ❑ U. Post-Closing Interest in Property ❑ G. Short Sale ❑ P. Pre-1978 Housing Occupancy ❑ BB. Binding Arbitration ❑ H. Homeowners' Insurance Statement(Lead ❑V. Sale of Buyer's ❑ Other ❑ I. FIRPTA Based Paint) Property ElJ. Interest-Bearing Acct. ❑ Q. Housing for Older E] W. Back-up Contract ❑ K. RESERVED Persons ❑X. Kick-out Clause 479* 20. ADDITIONAL TERMS: *This contract is contingent upon Indian River County Board of County commission approval; 480* Title insurance shall be at Buyer's expense;2013 real esta a taxes are buyer's expense;the closing date shall e 14 days a er 481* approval. 482* 483* 484* 485* 486* 487* 488* 489* 490* 493* Buyer's Initials Page 9 of 10 Seller's Initials FlondaRealtors/FlondaBar-ASIS-1 Rev.6/10©2010 Florida Realtors®and The Florida Bar. All rights reserved. Serial#020778500137-6405473 formsli l fICI IN WITNESS WHEREOF, the undersigned have approved and executed this (W Residential Contract for Sale and Purchase. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY: Joseph E. Flescher, Chairman BCC Approved: Approved: By Jo h A. aird C my Administrator (W Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency "I -42PS, William K. D Braal Deputy County Attorney 427 i 0 20 40 80 GRAPHIC SCALE (IN FEET) GEN I.R.F.W.M.D.=INDIAN RIVER FARMS WATER MANAGEMENT DISTRICT O.R.B.=OFFICIAL RECORD BOOK P.B.=PLAT BOOK PG.=PAGE R/W=RIGHT-OF-WAY s A I � a G i ADDRESS: 5020 26TH STREET 32-39-33-00001-0150-00002.0 a 00Qn HAMPSHIRE SUBDIVISION WOLFF, JAMES RYAN 01 n I a P.B. 2, PG. 99 O.R.B. 1991, PG. 1584 c��� f.yd 6 oZ!R 0cca 'LOT A,. 4� I a s o c m Lu odd pew pON 32-39-33-00004-0000-00000.1 j $e a° I� • KING, RONEE SUZAL (1/1 2 3 PROPOSED R LINE "' gid i' .o v! BLOCK, STEPHEN ALLAN (1/2) r7 FF as nzp F nz O.R.B. 2193, PG. 2238 n~ CA E p 1 EXISTING a Nn 139_EXISTING R/W LINE N n 164.3' R/W LINE € 134.3' EXISTING R/W UNE 30' rn co C7 6 L N o 26TH STREET (R/W VARIES) -to s L � m a m SOUTH LINE SECTION 33 O TWP 32S _ TWP 33S tia o I.R.F.W.M.D. SUB-LATERAL A-3 CANAL (30' R/W) rn 116.48' R/W LINE 136.10' — — — — — — COMPASS POINTE P.B. 16, PG. 55 BLOCK A LOT 42 33-39-04-00001-0020-00030.0 w MCKENZIE, GUYLAN JR do PAMELA J 33-39-04-00033-0010-00042.0 z O.R.B. 2225, PG. 954 EIDEM. PAUL H do KAREN S O.R.B. 1661, PG. 1145 13 I � I THIS IS NOT A BOUNDARY SURVEY EXHIBIT FOR INFORMATIONAL PURPOSES ONLY INDIAN Rlvh'R COUNTY DRAWN BY: SEC 33 T32S R39EI EXHIBIT SHEET B. ROACH Department of Public IPorlrs APPROVED BY: SEC 04 T33S R39 26TH STREET 1/ Engineermg- Division P. SCHWYVER PARCEL FEST OF 50TH AVE j of 8 Consent 8/20/13 g Office of g' Q INDIAN RIVER COUNTY ATTORNEY R Dylan Rem9old County Attorney William K.DeBraal,Deputy County Attorney To: Board of County Commissioners From: William K. DeBraal, Deputy County Attorney Through: Dylan Reingold, County Attorney Date: August 13, 2013 Subject: Conveyance of a Modified Perpetual Easement to Florida Department of Transportation for new U.S. 1 South County Bridge The Florida Department of Transportation (FDOT) is in the process of planning and designing a new bridge on south U.S. 1 at the County line. The new bridge will still span the railroad tracks and Old Dixie Highway but the design will add a third lane to provide for a safer bridge. In order to accommodate the new, wider bridge, an easement was needed to account for the pilings to support the bridge and the aerial portion of bridge which will be permanently located above the ground. The County conveyed a Perpetual Easement to FDOT at its February 12, 2013 meeting. Since that time, FDOT has discovered the easement needs to be moved to a slightly different location, requiring the approval of a modified easement and approving resolution. The attached Modified Perpetual Easement is submitted to the Board for consideration and approval. It replaces the prior easement approved on February 12, 2013. The attached modified resolution is required by FDOT to memorialize the Board's approval of the easement and this resolution reflects the replacement of the old easement. Funding: There is no funding impact as a result of this easement. Recommendation: Staff recommends the Board approve the Modified Perpetual Easement in favor of FDOT and authorize the Chairman to execute the modified easement and the modified resolution of behalf of the Board. c: Chris Poisson, FDOT ;r_Ei.� l,;ir: % Approved Date J � r`Cegal ROVED FOR -- B.C.0 MEETING - CONSENT AGENDA Budget $ - Dept. �OUNTY_ATTOME-Yj Risk Mg. - - �' 429 07-PE.11-06/93 This instrument prepared Parcel No. 808.1R under the direction of: ///�� Item/Segment No. 2285832 Laurice C. Mayes, Esq, rj`CrJ ��//7 Section 88010-2503 Sketch & Legal Description ' / -�Managing District: 04 prepared by: S.R. No. 5 (U.S. 1) Louis Cefolia, P.S.M. (04-08-13) County: Indian River Document prepared by: Grace K. Abel (05-10-13) Department of Transportation 3400 W. Commercial Boulevard Ft. Lauderdale, Florida 33309 . MODIFIED PERPETUAL EASEMENT THIS EASEMENT made this day of 201 , by INDIAN RIVER-CO_UNTY, FLORIDA, a political subdivision of the State of Florida, whose address is: 1801 27 Street, Vero Beach, Florida 32960, grantor, to the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, its successors and assigns, grantee. WITNESSETH: That the grantor for and in consideration of .the sum of One Dollar and other valuable considerations paid, the receipt and sufficiency of which is hereby acknowledged, hereby grants unto the grantee, its successors and assigns, a perpetual easement for right of way purposes, together with the right to enter upon said property and construct and maintain the bridge for State Road 5 (U.S. 1) in, over, under, upon and through the following described land in Indian River County, Florida, viz: (See attached Exhibit "A") This easement modifies, replaces and supersedes that Perpetual Easement recorded in Official Records Book 2653, Page 192 of the Public Records of Indian River County, Florida. TO HAVE AND TO HOLD the same unto said grantee, its successors and assigns forever. IN WITNESS WHEREOF, the said grantor has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman or Vice-Chairman of said Board, the day and year aforesaid. (W 430 ATTEST: INDIAN RIVER RIVER COUNTYFLORIDA By It Board at County Print Name: Commissioners Clerk (or Deputy Cle•rk� By. Print Name: Chairman APPRO.VEp AS TO V0* AND _J=" .S:UFFICIEi-CY _ By •Coun y At rnety STATE OF FLORIDA COUNTY OF INDIAN R.I. The foregoing inatrument was acknowledged before me this day of 2'01 by Chairman, who is personally known to me or who has produced as identif.i.ca.t.ion. (W Print Name: Notary Pubblic ix! and for: the . CoUnty .2tic1. Stato last aforesael. 1�Ijr. Comin�:�siori: Eitgr-es•s . Serial :Nb;: it any.:.- 431 P.O.C. 4p J' S- 1/4 COR'.'S.ETr<31-33-40. INDIAN RIVER COUNTY gC,�'? yf�• 5•/8 I..R.W/FDOT CAP IN CONCRt.TE. ACREAGE 1 . (-N)-1.172.315,6,26 •" ` ]E 1.859 129.03;2" S.R.713:• �)p4' 4 • t'. t sy ST. LUCIE COUNTY' J SURVEY ^,r77k It9LT34.85. 25"<l.O' LT. 10 m F f bl �I i 172.293 876 1191 M 73 1.11 4W 6-62.883 Gy 17Fi•,.17 LT'. 1 1 94.-.13126 I OM Di1'L T, s _ 1 41.QUO L ---- 7°t 37' 'E 3ff8.48. @ SURVEY 5 R < T __ -.r - • N 69.49 EXfST.. R/_—W Lt"T1E F 24 .23* P.O.Oa*-� l �T S Z"p7,-37""ly 11,9t I 29 9S 49'LT t 4 _ @ SURVEY;.S 17.x. :. . r P?0 T ST3; t) t.•63 +IS; 3" X 3 G M. '' �SUR�Y 'Sr �7r.5• y� �,c�• /! St1RV£Y S R 7r tK NGS KW1' ? � crr} I 17 <R�1) le-2 ss1' i E;) 8601 641.d 62+1.. 557' S'S9 560. 84 5$s N: 27-04'27 E I353 51 552 d- TROCI GT 32•.20 2 � .., - SURVEY S,.R.S (U 5ft1YY.<! ) ... N 27�D7 372 F' E • � sc;ft�Y�`s �:� s..rax". o PT STAIVI 1)91 3145: (N)"y;( !72 ;252 SZfJ 1 i 22 X36. o ' BS 42 RT. 11,;76 i3: . , o (E) E60..625.94Cf ai fS .00 S9 qa I2T. uv S 6�3*ti9 15« E �� EXIS7. /W LINE -"Q-7 _ E R:1 ST: fl M 61 NE, ro 2!4.95' o' `� rd 1� N 2:7°Q77 EDUATI ON': ��' R �� ' 14 17..2D o " P.D T SFA 1191 Fi3:.45 SK " I 1 2.i7 30 ��'/tis~ �t, �j :1 / N'` 59 @0".R F:` ACREi1GE P.0 T.STA ID+6$"$3' AH 85 0O'RT /�r ...'ti /7j© �`1 CR; SU,AVt Y 5 t� S. g k)-2 LINE I.1.7 11 2 .. 4.83..:42 �^ - --=- 4 (E) 860.:F53/4'. J.P: �fl�' k��./ {t'fp.Q�'37 E. -- --- _ �" 4 DAF kfAI6 ROAP 04411INQIAW RIVER COUNTY . FLORIDA DEPARTMENT OF TRANSPORTATION . - ar OAtt. nf�t/kEOryFi`• .. "TA'S07p�E: :' l�61�'[;'t1{SYnicr t". 7A.003'tl:,EFBI15433�1RG.1006p9.3 PARCEL SKETCH - NOT A S"�tR\/ Y oM snHckrz a>,roz -6tKs(ow. er wSE G1tgC1i€q a sloe F P.Nth Z3803P2 SECAON Si3Q1fl.2503 SIiEI:T Z'(QF 3 W W E X:H 14 t T ,,;A., Parcel Na. SiD:$ Perpetu:a.l , Ea:seieen°t (W A portion of Section 31:, Township 33 South, Range 40 East i:n. Ihdi'an River County, Florida,. being more pasrt.f.cularly d.escriis.e.d. as follows: Comneltce at the South. 0o.e quor.te•r (1:/4) Sect l on Career of. oa l:.d: Sect IDA. 31; thence South 8.0`49'244 :l a.s t a-1 qn. . t h'v 5040 I r'ae. of .-5,4 lid Sett i on 31, a.E`so b:.e.inc}. t:h# SvtT::ttr I rep 1'ocyn hf11 3:Soutti> :a d ,:s•banc.e: ofi' 3.37U.Z:S..fQ.Et. .t:o a 00:1'n.t .ertr tot, Wes-tell i_ t::st l ri of g " Iyrt ;of S;tata ftetl S it aTaee Iatth 3"lI7 3 n .. of n s ir1 �tes:tei?I * �cfs r ftt t clF; Wray I:ine, a z#istat�ce af::3I 9 Eft to :(4It.qlx e NTe1 zr 6y, xifg 1I1jt of :gay ((ne ala:Cauntj� i1; d`LTi �Of u ii3y edd �hNT rJi OIixQ h?ea Ce cdntlrt NarkA. .Z7'.'a: 43T Eas :.altrt :sal= .Wis. rly t x�'sting:Right of 'Way I BITE tl:f $t-at-e.'Rbed . :Zt3.: 1) a:: ls:tarfce p`f:. 8 ;:.4f4i feed. ts� a;j �.nt on . tbi Easterly ExIs4EJ:4. f crf 'Nay •t>trre of said �aurtt� It. ad.:8� (Old D, Hi`glT�xay :; tiTeI: at Nrrtl, 3 :v3 � 1Vest>.aldA,, s ad �E'as.te'r. xTa ty Ex, s t rtr.g Wf g t 0.f -W.ejy } c n d.; `a:-d:i s t:a<h .'a f 3:8.5 5 #e e p; t,hrs nt e South 22 `29'4.1 We'S.:G a: d`!s.t.,a'nce o.f $t3..54 Feet ,tv a p.olr�t :an, t:he Wester 1-yExisting .Right of Wad Gine: of s l.d GoulTt.}t ft 44 605: (0:1d 04 x I e Ht.0way.)`; thence. 0-Uth-. .19•°33:'.3.Q"' -E a tz at'dmg:- SAJLt.westteriy 'Exist4ng R•igfi..t of Way Jin.e, a d i.s t;a n c e of :8.f 1 feet .t 4 the PO,.I IT OF BI ra Conaalning B15 square feet, more yr lefss... A perpetual easeman:•t for right o:I Way .pur.po:s.es in, over, under, upo-n and th•r.ough the above described property; to.getber with the right to enter upon said property and construct :an:d :maintain the bridge for St.ate Road S. (U.S. 1) the.renn,. with a-riy of d,r~ inciden-ces necessary or convenient tri c'o.n'nec t i on th>e r'A_W th. I• HERE$Y CERTIFY THAT TR-15 6f4�'FCN i4N4 L-OA4.. OESCRI'PTION WAS PREPARED UNDER. NAY D i NECTi'10 ANO,TH`A7' IT I.S I N CONP:L'1 ANN, W4 TH THE MEI N I MlJM.TECHN I EAL STANDARDS AS SET.FORTH.-ErtYT rLaR(DA I3i�AEtG3 oF 0RQi7f$5:10N�At StlfttlEXt1RS MAPPl i S,. I.N CtIAPT I, 51 1'7 05E1 x0.52 E:t:0 1:13A ADM:i NI STftdIT l VI, C.0E PURS't1ANT` TO SECT ON 472.027, FfAfil-'f)A STATU.Tes. 0.41Q�11 1E A 14 CSATE Ft )) DA BURVEyQ3? & MAPPER NO, 405 FLORIDA DEPARTMENT OF 'TRANSPORTATION NOT VALID UNLESS SIGNED AND SEALED _ ., Tar�s:.�aase3�wasziostrrfc FLORU DEPARTMi NT OF TRANSPORTATION _ - PARCEL SKETCH - NOT A SURVEY —•--- ----_ STATE ROAD NO, S INDIAN RIVER COUNTY It V _... i._,,. _..., r• I GDQ.f [StSiRiCT 0 . .. ]O�k726 FF441 n5 33 Altc. 100�9'i.l Uj1AWN I 5M1NGNEZ s G4 QR 13 , .,„.:_.. ..._.... ....__.....,_..w ......_.... RFmi5t3Xi ut` DAU q{EcKEo : CEFO A 04-044a, F.P. Na. 228583.2 t SECTION 88010-2503 i SHEET 3 OF 3 434 RESOLUTION NO. 2013- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CHAIRMAN'S EXECUTION OF A MODIFIED PERPETUAL EASEMENT TO THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION OF A BRIDGE OVER OLD DIXIE HIGHWAY AND THE RAILROAD TRACKS ALONG US HIGHWAY 1 AT THE SOUTH COUNTY LINE. WHEREAS, the construction of the bridge over Old Dixie Highway and the railroad tracks along US Highway 1 at the South County line is part of a Florida Department of Transportation project to widen and improve State Road No. 5 (US Highway 1); and WHEREAS, the Florida Department of Transportation (FDOT) is planning, designing and constructing the bridge and roadway improvement project; and WHEREAS, the State of Florida, Department of Transportation, has requested Indian River County to execute and deliver to the State of Florida, Department of Transportation, a Modified Perpetual Easement for the aforementioned project correcting an erroneous legal description on the Perpetual Easement recorded at Official Record Book 2653, Page 192 of the Public Records of Indian River County, Florida; and WHEREAS, this resolution modifies, replaces and supersedes Resolution 2013-008. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman of the Board is hereby authorized to make, execute, and deliver to the State of Florida, Department of Transportation, a Modified Perpetual Easement for the aforementioned project. The foregoing resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and, upon being put to a vote,the vote was as follows: Chairman Joseph E. Flescher Vice-Chairman Wesley S. Davis Commissioner Peter D. O'Bryan Commissioner Bob Solari Commissioner Tim Zorc The Chairman thereupon declared the resolution passed and adopted this 20th day of August, 2013. Attest: Jeffrey R. Smith, Clerk BOARD OF COUNTY COMMISSSIONERS Of the Court and Comptroller OF INDIAN RIVER COUNTY, FLORIDA By: BY Dep Cler 1 �' Joseph E. Flescher, Chairman i j County Attorney Approved as to Form and Legal Sufficiency F:\Attomey\Bill\Resolutions\FDOT Modified Resolution US!bridge easement.doe 435 :�.'{ 1 z :'!'1'l•:; �+;';.f':;:.tyM� :moi+'•,`.:.,',(:':.;:','{•:•:" Y:E,RQ t K1�FI: J:' 1tEe�. BEACH..•. ' RJ On.A30 NI75 . ::. Q:t"'t f�:i.:-PF FACE is A+©UA T I.-C N :R.1 YEt# kik. B CDS 113Rpt TbC4: . f Y: BURIN SH '140M.OM ,AIM flrA'SER:. ©lq'..THE: SEll-, E'VF Stl1R-VZV-: OF THE R.104T OF NAY: UAP',: -oR':VT--A--.E:, RE AP" 5 :U,'S.. A.Y, SECTION .B'8llto 3.4 SHBIE 3' Of 7�.. kTWEEfif S,T.i., l k w 9,,:53: All $'T rk ,15#00.Q , $dt'Sf%LINE .BE''l1F IRC °N..:; 70.0:" .T:... f : TO6 49- O REL4T VVI 1f.RE N. AItIf UNL:E4SS OTFIOWI:SE 101E17.. 3'.) ALL DIUMS'T-ONS AI C:4-'6GI L.-ATE(X .NLES:S QTRI RW t MUM- 41: i)Tf's;D.4 f: THIS-.SKETCH EXI S'T-S SQUELY )FOR THE. PURPQS-.:OF f L L.M.ti TR-ATI:No- THE LEGAL DESCRIPTION TO WH ICH 1 T V5 .ATTACHU-. PARCEL 000 PERPETUAL E:ASEWNT �lt#TuiRt� . EE T R xIN>: ..to ffCTlOrl SGL .::. y.PR It:.!< VALINE:. c OF 'S Y.�1t3: E'I:• t' fLl:tF1 ::fIN tx:f:sr. • >= tN�:. ,P O..r. , :P `lfi :rii�: rAEI�T F:E.:C« FLJOR`rD . C=AST 1..R; fl to F.D::O.:T. Ftt)R;t'l7A °DEPAfT'fkirrtkT..OE RIR R-AI'LROAD TRANSPQR A.r: :ON. R:44. •. 9?I0H:T' .OF 1h1AY F'.P. F I MANC I'AL PRIDJECT SE-C. SECT ION HOR*. HDRI ZOhITAL 5.-R. STATE ROAD LT, LEFT STA. STATION MY' MORTHING TWP., TOWN..SHI P ,'OF :FLOR'[;D:A:. t?E?° RTk1E=NT V.F. TRttNSF�ORTXT IQIt : .:R'I'GHT-.0 -WA-Y':WAT*l?'tIV 3sYOQ WOO CD RC I A{;..BOtJL€Y��tt7 must:z a wasa�a FT.<..l,AIYDEF7IIA[E;. t�RIBrA :33309 ff tpA OF �k lT OP TT *0bF.tTA'RON F(iiTN0�r1Y11tti�R :GOUt TY R, an �iHyGED rr' orr�souMc! 6l6- 436 seGi�o4 it ownc ! 7!. .. t4.�� .�iP iV0 28183 2� :.+t:t3'Ibii:$8x50:3. SR�ET 2 OF''3 Pa::r cei 110. 6�8e'r p:e:tua't;:•. :Ea'se{iien t: A. Pcdt t i.on :of :4-cl-ion Mf, :T;owzn:shTp" ,t kr;.:Rab.ge. 1. :sF i>M. .ili:tPi'a°n fi:ivb'r: County, Fl.orlda," :fxeing more pertl.culzrty dascritxe.d• a t0ltaws; .Gom7le.tice at the Sn.ut.h. Orr:e4k.quar:t:er• .(114) S°ee;t:.lan C64-ji pr f th-emae- '50u:i:h &99A9.`,2a6"' .f?�3t aivr�g, fiti .:satt?ttt. .l:i e'. itf :4.4;11.'d:., s:ec,>:to:n 31, : : alisb siaef , 7aZ5i.ein : ffeet' to a: parTlt :prt 14 toe,ti., I?Xt�ttrlg;.� O ..�+i' off: StC�ate;,�ba# 5 Alp.,-$, 1-4, ther:f :'Nortifl `�7} �'" g atf said f ?t r`1 r f 5 i,r$ } Ig r 44:. try "f�ifns: 35 ;48 #€e : izk�.t� . kTiy �; i`5#ig fartt}#ia aty i €-Tle a f:t oto rai y� aiaart �tii R a dd f ife fti ttte: carTt. fide vr.th � 7" 7" Eat) .alatr eal :Yl ste:c:ly fix;€:!kin.g R1Q-4, 0 Wiy :kbme -o-f 'S.ta-e.'fkjDd (-13:.:5`..• t,. a:. d is t,a'n e";nf 8 Yi: f°ee= t-4. °a ., n> On. i•1ok `0t s -44:Cunt �ztad.f. �Oad Dax.Je. Ft'i-gf�yxay:' titei 145t along s1dtrst :r"f.ir "E�sisMn4 i I:ghl,. ¢f A*. 1 Ln*,.. a. d°tstirlce .trF, 18.5.5 fizet-. 1 Pt.nt.e. s-a It t 22'Q29"4.1" W ''tt;, a',iii.-st:a-ris'. 01-f t9f:S$ ttkk*,t..#o 'a p.'ai'.•nt :aw the Wost•eri-Y EX f-5 f.i n.g .R i'.gh t of flay. ;I•f:n-e: -of s.a -d Caun•ty ft,:a:d. 60,5-: rd(d aix i e .1•I>i Oway)'- then-Ca ."-t h: 1}°33<�:.3t1• .Ea"s t= a::k04? . s:a i Vit: 1Y.es t_ef l y fs>X I.s.x i.g.g: R'•i gfi:C of Way.-t'I me Gon:ta`f'nin 815. squa-r:e feet note :0r less, A.pe.rpet:u.a.l e:a:s:emiM-k, f'o.r -r I`efl.t o:f. m.y ptrr,(ro3.e5 inn:, over, under, upon and ttrrough the above- .descr-lbed :property; t•o.ge0oc r with the r igiit to e'nt-4dr. mp-or said property and c*ons,truct aFrd ;tnalAta:i:n .tha br•Idg:e f:or .s:.t,5te.Ro.a'd 5 (.11.S. 1}. th:e,reah.,. wi th a<riy of"Cid-ry th::e:ids,nees. hecssar::y car :.o°nvn ei.ent in. con,n,ec•t.i4n :t•hprewYtti: ....... . : ..... .::.. .. .: V: f BEY..'CEftic.tF. T#dlik TK S. W..P.Me'ti`:}bis A0 TFfA',I.T.::::��'.;&i�:��SdP l t.�, Yt1:��t<Tt�Fsy:I> T I�(�4" .4 4110A.- STANIDA iiia A .i�a� ivih�FP =s,. °i H '�.= :: '..� ES i:caPli:zR ;iaC31C;ivaSTfara r t .ct3D :PiR`. tAi1' i'. tiFR .. : H ft( DA'SO-WEYOR bc•-MAPPER NO. mf05" FLORIDA DEPARTMENT OF 1'RAfdWORTAMN NOT VALID UNLESS SIGNED AND SEALED FWI*T-aA tF PAVTM5NT Of TR RSPORTAT1W �.... _... .�. PARCEL SKETCH - NOT A. SURVEY STATEROAD NO. S INDIAN'RIVER COUNTY . i W Iwo z,9.N'�i9°'+ .W1R t44R4i� _.._.._.......,...,......._�,.....,......_.._. ..A0,01T.VISTR=A :100At 18 M115�93AHC.NOW .... .. ....M,.,...,......_...._......... un� � °Y °�u gt€eKEG cEEbCrR ¢4 ot��p' F:P.N(5.. 2285$3 2: SECtl011 8>iR1U-2503 SHEET:3 aF 3 .1 A P Consent Agenda (W Indian River County Interoffice Memorandum Office of Management & Budget To: Members of the Board of Co my Commissioners From: Jason E. Brown Director, Office of Manag me t & Budget Date: August 14, 2013 Subject: Miscellaneous Budget Amendment 023 Description and Conditions The attached budget amendment appropriates funding necessary for the following: 1. The Florida Dept. of Labor has invoiced the County for unemployment compensation in various departments for the quarter ending June 30, 2013. The attached entry appropriates unemployment compensation from MSTU/Reserve for Contingency $150, Utilities/Cash Forward- (W 1St$2,222 and Fleet/Cash Forward-Oct 1St$2,750. 2. The air conditioning unit at Gifford Aquatic Center that controls the office and ladies restroom has burnt out. The replacement cost is approximately $2,000 and will be funded from MSTU/Reserve for Contingency. 3. Revenues and expenses have exceeded estimates for the 2012/13 fiscal year in the Fleet Department. The attached entry appropriates funding in the amount of $500,000 from Auto Maintenance, Heavy Equipment Maintenance, Other Maintenance, and Fuel revenue. 4. On April 9, 2013 the Board of County Commissioners approved an amendment and renewal of the facility lease agreement with Verotown, LLC. The attached entry appropriates funding in the amount of$600,000 for room renovations from Optional Sales Tax Cash Forward Oct 1St 5. Indian River County libraries have received donations totaling $14,453. The attached entry appropriates these donations. 6. On October 2, 2012 the Board of County Commissioners approved changes to the Siemens Industry, Inc. contract for the Indian River County Jail Fire Alarms. The attached entry appropriates additional funding from Optional Sales Tax Cash Forward Oct 18t in the amount of $172,299 as approved by the Board. 439 Board of County Commissioners August 14, 2013 (W Page 2 of 2 . 7. The County Engineering Department has incurred overtime expenses related to various road projects and has received reimbursement from the contractor and a state grant for the costs. The attached entry appropriates funding in the amount of$1,575 secured from the contractors responsible for their project and the grant reimbursement. 8. On July 9, 2013 the Board of County Commissioners approved the purchase of an updated document management system. The attached entry allocates funding in the amount of$5,750 from Building Department Cash Forward Oct 1St 9. Optional Sales Tax funding for improvements at the Gifford Community Center and construction of Pollution Control South need to be carried forward into the current fiscal year. The attached entry rolls over these funds in the amount of$302,816. 10.On July 16, 2013 the Board of County Commissioners approved a Technical Assistance Grant agreement with the Department of Economic Opportunity for implementation of several actions of the Gifford Neighborhood Plan. The attached entry appropriates this grant funding in the amount of$25,000 to contract a design consultant to develop a specific community based design plan for the 45th Street corridor streetscape improvements. (W Staff Recommendation Staff recommends that the Board of Commissioners approve the attached budget resolution amending the fiscal year 2012/2013 budget. Attachments Budget Amendment 023 and Resolution APPROVED AGENDA ITEM: Indian River county ApprUed Date Administrator �C' BY. Legal Jos ph A. Baird County Administrator Budget g I� (W For: August 20, 2013 Department Risk Management 440 RESOLUTION NO. 2013- (W A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2012-2013 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2012-2013 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes; and WHEREAS, the Board of County Commissioners of Indian River County desires to amend the fiscal year 2012-2013 budget, as more specifically set forth in Exhibit "A" attached hereto and by this reference made a part hereof, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year 2012-2013 Budget be and hereby is amended as set forth in Exhibit "A" upon adoption of this Resolution. This Resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher Vice Chairman Wesley S. Davis Commissioner Peter D. O'Bryan Commissioner Bob Solari Commissioner Tim Zorc The Chairman thereupon declared this Resolution duly passed and adopted this day of , 2013. INDIAN RIVER COUNTY, FLORIDA Attest: Jeffrey R. Smith Board of County Commissioners Clerk of Court and Comptroller By By Deputy Clerk Joseph E. Flescher, Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY COUNTY ATTORNE 41 Exhibit "A" (W Resolution No.2013- Budget Office Approval: Budget Amendment:023 Jason E, own, udget Direc or Entry Fund/DepartAccount Name Account Number Increase Decrease Number 1. Revenue Utilities/Cash Forward-Oct 1st 471039-389040 $2,222 $0 Fleet/Cash Forward-Oct 1st 501039-389040 $2,750 $0 Expense MSTU Fund/NCAC/Unemployment Compensation 00410472-012150 $150 $0 MSTU.Fund/Reserve for Contingency 00419981-099910 $0 $150 UtilitiesM/ater Distribution/Unemployment 47126936-012150 $2,222 $0 Compensation Fleet/Vehicle Maint/Unemployment Compensaion 50124291-012150 $2,750 $0 2. Expense MSTU Fund/GAC/Maint-Structures Except Bldgs 00410572-034660 $2,000 $0 (W MSTU Fund/Reserve for Contingency 00419981-099910 $0 $2,000 3. Revenue Fleet/Service Charges/Auto Maintenance 501034-395010 $37,000 $0 Fleet/Service Charges/Heavy Equipment Maintenance 501034-395011 $30,000 $0 Fleet/Service Charges/Other Maintenance 501034-395012 $33,000 $0 Fleet/Service Charges/Fuel 501034-395013 $400,000 $0 Expense Fleet/Vehicle Maintenance/Gas/Diesel 50124291-035530 $400,000 $0 Fleet/Vehicle Maintenance/Parts 50124291-035540 $90,000 $0 Fleet/Vehicle Maintenance/Tires&Tubes 50124291-035550 $10,000 $0 4. Revenue Dodgertown Capital Reserve Fund/Non-Revenue/Fund 308039-381020 $600,000 $0 Transfer In Optional Sales Tax/Non-Revenue/Cash Forward Oct 315039-389040 $600,000 $0 1st Expense 442 Exhibit "A" (W Resolution No.2013- Budget Office Approval: v Budget Amendment:023 Jason E. rown,Budget Dir Entry Fund/Depart Account Name Account Number Increase Decrease Number Dodgertown Capital Reserve Fund/Maintenance 30816275-034610-01002 $600,000 $0 Buildings/Dodgertown Complex Optional Sales Tax/Reserves/Fund Transfer Out 31519981-099210 $600,000 $0 5. Revenue General Fund/Miscellaneous/Donations Main Library 001038-366095 $13,466 $0 General Fund/Miscellaneous/Donations North County 001038-366100 $987 $0 Library Expense General Fund/Main Libraryfrelephone 00110971-034110 $2,741 $0 General Fund/Main Library/Computer Hardware 00110971-035130 $2,100 Upgrade General Fund/Main Library/Books 00110971-035450 $7,625 $0 General Fund/Main Library/Miscellaneous 00110971-038190 $1,000 $0 General Fund/North County Library/Other Operating 00111271-035290 $800 $0 Supplies General Fund/North County Library/Books 00111271-035450 $187 $0 6. Revenue Optional Sales Tax/Non-Revenue/Cash Forward Oct 315039-389040 $172,299 $0 1st Expense Optional Sales Tax/Facilities Management/Jail Fire 31522019-066510-10010 $172,299 $0 Alarm System 7. Revenue Transportation Fund/Miscellaneous/Reimbursements 111038-369940 $1,575 $0 Expense Transportation Fund/County Engineering/Overtime 11124441-011140 $1,575 $0 8. Revenue County Building/Non-Revenue/Cash Forward Oct 1st 441039-389040 $5,750 $0 Expense County Building/Building Department/Computer 44123324-035120 $5,750 $0 Software 443 Exhibit "A" (W Resolution No.2013- Budget Office Approval: Budget Amendment:023 Jason E Brow , Budget Director Entry Fund/Depa t/Account Name Account Number Increase Decrease Number Expense County Building/Building Department/Computer 44123324-035120 $5,750 $0 Software 9. Revenue Optional Sales Tax/Non-Revenue/Cash Forward Oct 315039-389040 $302,816 $0 1 st Expense Optional Sales Tax/Facilities Management/Gifford 31522019-066510-10005 $19,144 $0 Community Center Improvements Optional Sales Tax/Public Works/Pollution Control 31524338-066510-06050 $28x,672 $0 South Stormwater 10. Revenue Secondary Roads/Intergovernmental/DOE Grant/45th 109033-334414-03023 $25,000 $0 Street Beautification Expense (W Secondary Roads/Construction in Progress/45th Street 10921441-066510-03023 $25,000 $0 Beautification 444 PAGE TWO Christopher J. Kafer,Jr., P.E.,County Engineer (W August 20,2013 Agenda Item Under the County's code, all funds collected from public impact fees shall be used for the purpose of capital improvements to public facilities under the jurisdiction of the Countyand not for maintenance or operations. Such acquisitions and improvements shall be those which are necessary to accommodate , new growth and development in the County. Funding for Amendment No. 1 to the Intergenerational Recreational Facility at South County Park is available through a combination of 50%Optional Sales Tax/Parks and 50%Recreation Impact Fees. Optional Sales Tax Fund/Parks&.Recreation/South Account No. 31521072-066510-03028 County Park Intergenerational Recreation Facility ($121,891.50) Additional Facility Impact Fee Fund/South County Account No. 10321072-066510-03028 Park Intergenerational Recreation Facility ($121,891.50) RECOMMENDATION Staff recommends the Board of County Commissioners approve Amendment No. 1 in the amount of $243,783.00 with Borrelli & Partners, Inc. and authorize the Chairman to execute the agreement. ATTACHMENTS 1. Amendment No. 1 2. Proposal from Borrelli & Partners, Inc. dated August 7, 2013 DISTRIBUTION 1. Michael C.Zito,Assistant County Administrator 2. Borrelli & Partners, Inc. Indian River County Approved Date y Administration Budget APPROVED AGENDA ITEM Legal P FOR August 20,2013 Recreation ?-/3-/3 BY Public Works 8^ /2 /3 Engineering (W F:\Public Works\ENGINEERING DIVISION PROJECTS\1135-S County Park Intergeneratiional Ree FacilitylAdmim\agenda items\13CC Agenda Amendment No.108-20-2013.doc 446 Board of County Commissioners 180127th Street Vero Beach,Florida 32960 Telephone: (772) 567-8000 FAX.• (772)-778-9391 INDIAN RIVER COUNTY SOUTH COUNTY REGIONAL PARK INTERGENERATIONAL RECREATION FACILITY IRC Project No. 1135 AMENDMENT NO. 1 to CONSULTANT AGREEMENT FOR PROFESSIONAL CIVIL ENGINEERING AND ARCHITECTURAL SERVICES WITH BORRELLI & PARTNERS, INC. This is an amendment to the existing CONSULTANT AGREEMENT between BORRELLI & PARTNERS, INC. (CONSULTANT) and INDIAN RIVER COUNTY (COUNTY) for Professional Civil Engineering and Architectural Services. All provisions of the CONSULTANT AGREEMENT shall remain in full force and effect, unless otherwise specifically modified. This amendment addresses changes in "SCOPE OF SERVICES", "COMPENSATION" and "TIME OF COMPLETION" of CONSULTANT AGREEMENT as follows: SCOPE OF SERVICES COUNTY has increased original scope of project for Phase One from approximately 22,000 sq. ft. to 36,380 sq. ft. CONSULTANT will provide the additional Architectural, Engineering, and Surveying services as needed for the expanded scope of work. COMPENSATION The section of CONSULTANT AGREEMENT entitled COMPENSATION shall be revised to include the additional fees: Architectural Fee $ 167,499 MEP/FP Eng &Structural Engineering Fee $ 71,784 Surveying 4,500 Total Additional Services for Amendment No. 1 $ 243,783 TIME FOR COMPLETION The section of CONSULTANT AGREEMENT entitled TIME FOR COMPLETION shall be revised as follows: Phase Two—Design Development Phase October 31, 2013 Phase Three—Construction Documents, Permitting, Submissions and Permitting Services January 31, 2014 Phase Four—Bidding Services April 30, 2014 Phase Five—Construction Observations Services Concurrent with construction Phase Six—Occupy Facility July 31, 2015 F:\Public Works\ENGUQEERING DIVISION PROJECTS\1135-S County Park Intergeneratiional Rec Facility\Admim\agenda items\Amendment No.1 Borrelli&Partners 05-20- A A ••� 2013.doc 4 41/ PAGE TWO AMENDMENT NO. 1 to CONSULTANT AGREEMENT (BORRELLI & PARTNERS, INC.) (w FOR AUGUST 20, 2013 BCC IN WITNESS HEREOF the parties hereto have executed these presents this day of . 2013. BOARD OF COUNTY COMMISSIONERS BORRELLI & PARTNERS, INC. INDIAN RIVER COUNTY, FLORIDA t Joseph E. Flesher, Chairman Jorge A. rrelli, President (w Approved by BCC Witnessed by: ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller —44"a- L� Deputy Clerk (printed name) Approved as to Form and Legal Sufficiency: Dylan Reingolcl, County Attorney 'h 4A�Av Josep A. Baird, County Administrator FAPublic Works\ENGA'EER➢3G DIVISION PROJECTS\1135-S County Park Intergenembional Rec FacilityWinim\agenda iremslAmendment No.1 Borrelli&Partners N-20- / ^ 8 2013.doc 4 CID LW BORRELLI + PARTNERS ARCHITECTURE PLANNING LANDSCAPE INTEPIOR5 August 7th,2013 Mr.Christopher J. Kafer,Jr., P.E. County Engineer Engineering Division 1801 27th Street(Building A) Vero Beach,FL 32960 Re: Revised Fee Proposal for Additional Services for the Indian River County Intergenerational Recreation Facility at South County Regional Park,Vero Beach, Florida Dear Mr. Kafer: Borrelli+Partners, Inc. (B+P) respectfully submit this revised additional services fee proposal for the above referenced project for your review and consideration. The project's increased scope,as we understand it, is described below: B+P have reached a previous Agreement with Indian River County(IRC)to provide Architectural, Engineering, Landscape &Irrigation Design,Surveying and Cost Estimating Services to IRC for a two phase, approximately 40,000 sq.ft. Intergenerational Recreation Facility at South County Regional Park in Vero Beach, FL. B+P are under contract to develop construction documents for phase 1 only of the Intergenerational Recreation Facility, at approximately 22,000 sq.ft. with an established construction budget not exceeding $4,400,000. Based on the approved program and preliminary design document, IRC has elected to increase the scope of the project and our services through an increase to the project's construction budget. The new project budget is estimated not to exceed $7,276,000. This is based on the original estimation of construction costs of approximately $200.00 per sq.ft. The approved program for phase one is now approximately 36,380 sq.ft. The building's increase is due to IRC's decision to add the phase 2 Activity Room (AA.08) into phase 1. In addition, based on previously increased sizes for the Multi-Activity Rooms and the Multi-Purpose Rooms,we had to increase the toilet counts in phase 1 to meet code. (See attached Version 5 of the program summary). It is our understanding that IRC directed B+P to include two (2)Assisted Restroom/Shower/Changing Room (PS.08) into phase 1 as well. A/E COMPENSATION: The following proposed compensation for architectural and engineering scope of services increase is consistent with the method we implemented to arrive at our currently approved fees for this project: The original phase one project budget was$4,400,000.00. The project's budget and scope is being increased to approximately to $7,276,000.00,an addition of approximately $2,876,000.00 to the construction budget. B+P's original Basic Services fees are $366,146.52,which equates to the approved 8.32%fee. Therefore, B+P are seeking additional compensation for the increase in services triggered by the increase in the construction budget. We respectfully request a fee adjustment of an additional Two Hundred Thirty Nine Thousand Two Hundred Eighty Three Dollars($239,283.00)to the total Basic Services fees. This is based on the previously approved 8.32%fee on the new project budget of$2,876,000.00. JAIME E. SORRELLI, AIA, NCARB :: JORGE A. GORRELLI, ASLA :: JIM GORRELLI, CGC :: JUDY A. CARTY, AIA, NCARS tet.407.418.1338 :: j1a 407.415.1342 720 Vassar Street.(hlando,Florida 32504 nrh horrelliarchitects.cont AAC 000711 449 Mr.Christopher J.Kafer,Jr, P.E. August Th,2013 (W Page 2 of 3 Additional Surveying Services: Our surveying consultant,Masteller,Moler, Reed&Taylor,Inc. (MMRT) has requested the following additional services for additional surveying information needed, not originally in the contract as well as modifications to Datum due to a County code change. The scope and fees for this service are specifically noted below: Task 1 -Datum Conversion: Since the execution of our contract,the County has adopted NAVD'88 as the datum for new projects. As such,our completed surveying services need to be converted from NGVD'29 elevations to NAVD '88 elevations as follows: 1.Verify vertical control, including primary benchmark and site benchmark as necessary for existing topographic survey,MMRT project no.6600,dated 7/27/12. 2.Convert all previously obtained elevations obtained during prior surveys of the South County Park property from National Geodetic Vertical Datum of 1929 to the North American Vertical Datum of 1988. Revise all labeling and related notes accordingly. 3. Revise Flood Zone map and related information to current per revised flood maps dated 12/4/12. 4. Prepare new.topographic survey of the South County Park property. 5. Upon completion,provide one digital file and ten (10) signed sealed copies for submittal as needed. 6.Task-] does not include the procurement of any additional field collected data for this project. MMRT propose to perform the above described Task 1 scope of services for a lump sum fee of$3,600.00. Task 2-Oslo Road Right of Waw Existing as-built information for Oslo Road's recently completed improvements is not available in AutoCad format from IRC,we will provide this service along the frontage of the South County Park site as follows: 1. Locate and obtain elevations within the Oslo Road right of way from the median north to the property line. 2. Integrate with existing topographic survey and prepare updated topographic survey as necessary. MMRT propose to perform the above described Task 2 scope of services for a lump sum fee of$900.00. SUMMARY OF ADDITIONAL SERVICES REQUEST: A/E Fee Adjustment: $239,283.00 Additional Surveying Services: 5 4,500.00 Total Additional Services: $243,783.00 NOT INCLUDED IN SCOPE OF SERVICES: The following services are not included within our scope of services and fee proposal: A. Geotechnical Engineering services. B. Environmental Consulting Services. C. Traffic Engineering/Studies. D. Food Service Consultant. E. Audio Visual/Security/Communications Equipment Design [design incl.conduit only]. F. LEED Services/Commissioning. G. Interior Design Services[incl.material selection boards, interior renderings, FF&E]. H. Public Presentations(other than noted herein). (W 1. Models or Renderings (other than noted herein). J. Permit Review Fees. K. Submission printing beyond what is noted in not-to-exceed reimbursable expenses. L. Lacrosse field design and lighting plans. 450 Mr.Christopher J.Kafer,Jr., P.E. August 71h,2013 (W Page 3 of 3 If you have any questions or if I can provide any additional clarification regarding our proposal,please feel free to contact me at your convenience. Please notify us if this proposal meets with your approval. We look forward to our continued working relationship with you on this very exciting project. Sincerely, Jorge A. Borrelli,ASLA, LEED AP BD+C,CPTED President Borrelli+Partners, Inc. Architects Planners (W 451 U !\. Of ce of Consent 0812011-3 4 y INDIAN RIVER COUNTY �'tORI�Q' ATTORNEY Dylan Reingold,County Attorney William K.DeBraal,Deputy County Attorney MEMORANDUM TO: Board of County Commissioners THROUGH: Roland DeBlois, Chief, Environmental Planning And Code Enforcement Section FROM: William K. DeBraal, Deputy County Attorney DATE: August 14, 2013 SUBJECT: Request for Satisfaction of Code Enforcement Lien at 1776 Cypress Lane, Seagrove Subdivision Susan Callahan owns a single family home located at 1776 Cypress Lane, Vero Beach. The house is located in the Seagrove Subdivision. The house has been in and out of foreclosure since 2008 and there is a 2011 Code Enforcement lien upon the property for failure to maintain the pool and fence. Since imposition of the fine, the house has become vacant and the yard has fallen into disrepair. Photos of the residence are attached to this memo. Normally, a home in foreclosure would proceed to final judgment and a sale date would be ordered by the court. After the judicial sale occurs, the code enforcement lien is "scraped" from the property but the new owners are responsible for bring the home into compliance. In this case, the County Attorney's Office and Code Enforcement have been approached by Barry Segal, a Vero Beach attorney, who has negotiated a "short sale" with the bank, his client and the existing owner. In a short sale, the bank accepts less than it is owed on the mortgage from the new owner and the old owner conveys the property by deed to the new owner. A short sale will not "scrape" the code enforcement lien from the property. Mr. Segal, on behalf of his client, has offered to pay $1,500.00 to settle the code enforcement fine and obtain a satisfaction from the County. His email is attached to this memo. The prospective new owner has gone to the lengths of getting the electricity turned back on, cleaning the pool, resolving the fence issue and bringing the lawn into compliance. Receipts for this work are attached. The prospective new owner could not start addressing the issues without the short sale approval. Unfortunately, there is a sizeable Code 452 MEMORANDUM — ROW 26th Street Langdon August 14, 2013 Page 12 (W Enforcement fine $82,000, levied against the property, that will prevent the deal from closing. Further complicating the matter is a closing date of August 28, 2013. As short sale negotiations with mortgage holders are often time consuming and subject to a myriad of approvals by bank personnel, Mr. Segal does not want to delay the closing. If the Board of County Commissioners can agree to reduce the fine, the closing can be completed and the property will be maintained by, as Mr. Segal describes, very doting and faithful new owners. Mr. Segal's clients have offered to resolve the matter for $1,500.00, an amount approximately equal to the administrative costs incurred by the County. Bear in mind that the current owner is not living in the home and cannot afford to maintain it and the code enforcement problem will continue. Mr. Segal's clients are acting right away to resolve these issues and are even doing so at some risk in order to effectuate a resolution of this matter. FUNDING: There is no expenditure of County funds associated with this matter. If the short sale falls through and completion of the foreclosure is necessary, the County's lien will be "scraped" in the process and it is doubtful that it would collect on its lien. STAFF RECOMMENDATION: Staff recommends the Board approve settlement of the (W Code Enforcement lien at 1776 Cypress Lane for $1,500 and authorize staff to execute a satisfaction of the lien upon payment of the settlement amount and the property's compliance with code. WKD � • a- 0 • t3 �+pMOVED FOR ">=NDA 6.C.0 MEETI ' CO indianRJCoA Date Admin.COUNTY WORNEY Co.AttBudgetDept.(W L Risk M 453 Bill Debraal crom: Barry G. Segal [bgspa@bellsouth.net] nt: Tuesday, July 30, 2013 4:36 PM o: Hancockatty@aol.com; Bill Debraal Subject: 1776 Cypress Lane, Vero Beach Gentlemen: I represent the buyer of the above-referenced property. Currently,there is an open Code Enforcement issue with the property. The current owner is not maintaining the lawn or the pool. However,seller just received approval to complete a short sale of the home and my client is in the process of getting the electricity turned back on and remedying the open issues(my client could not start addressing the issues without the short sale approval). Unfortunately,there is a sizeable Code Enforcement fine levied against the property that will prevent the deal from closing. If the Code Enforcement Board or the Board of County Commissioners can agree to reduce the fine, the closing can be completed and the property will be maintained by a very doting and faithful new owner. My suggestion is to resolve the matter for the amount of the administrative costs incurred by the County(e.g. about$1,500.00). Bear in mind that the current owner is not living in the home and cannot afford to maintain it. She is a victim of circumstances that we see too often. My client is acting right away to resolve these issues and is even doing so at some risk in order to effectuate a resolution of this matter. Our short sale approval requires a closing by the end of next month. It is my best estimation that appearing before the Board of County Commissioners at their next meeting is the best way to proceed. Would you please look into this matter and offer your thoughts on the best way to resolve this issue. hank you. Barry Barry G. Segal, Esquire I Barry G. Segal, P.A. 1 621 17th Street Vero Beach, Florida 32960 Telephone: (772) 567-5552 Facsimile: (772) 567-5772 The information contained in this transmission is attorney privileged and confidential. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you receive this communication in error, please notify us immediately by telephone (collect)and return the original message to us at the above address via the U.S. Postal Service. We will reimburse you for postage and/or telephone expenses. If this communication is for the purpose of furthering a settlement discussion, the contents hereof are deemed inadmissible under the Florida Evidence Code. Thank you. (W 1 454 Indian River County,Florida Property Appraiser- Printer Friendly Map Page 1 of 1 Print Back Indian River County GIS t ParcelID OwnerName PropertyAddress 33401600009000400004.0 CALLAHAN SUSAN 1776 CYPRESS LN VERO BEACH,FL 32963 Notes http://www.ircpa.org/PrintMap.aspx 8/14/2013-r 5 5 2146179 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 2505 PG: 2256, 06/17/2011 08:36 AM CODE ENFORCEMENT BOARD (W INDIAN RIVER COUNTY,FLORIDA IN THE MATTER OF: CEB Case No.2011020091 MARGARET&SUSAN CALLAHAN 1776 CYPRESS LN VERO BEACH, FL 32963-2619 US BANK NATIONAL ASSOCIATION C/O AWILDA ESTERAS 2525 PONCE DE LEON BLVD,SUITE 400 MIAMI,FL 33134 Respondent(s) ORDER IMPOSING FINE THIS MATTER ORIGINALLY CAME BEFORE THE BOARD for a public hearing on March 28, 2011, after due notice to the Respondents, at which time the Board heard testimony under oath and received evidence. The Board issued findings of fact, conclusions of law, and an oral order which was reduced to writing and furnished to the Respondent(s) to take corrective action by a certain time, as more specifically set forth in that order. On May 23, 2011, this Board conducted a compliance hearing to determine whether the Board's (W order of March 28, 2011, had been complied with. Respondent was provided proper notice of the compliance hearing,but did not attend the hearing. Based on the evidence and testimony presented at the hearing, this Board finds that the required corrective action has not been taken as ordered and that there does in fact exist an unmaintained swimming pool and a dilapidated fence on the west side of the property, in the RS-3 Zoning District, which constitutes the use of the property in violation of Section(s) 403.12 and 917.06(12), of the Code of Laws and Ordinances of Indian River County. The Board's previous order, set forth a compliance date of May 20, 2011, and a fine of S 100 for each day the violation continues beyond the referenced compliance date. IT IS HEREBY ORDERED THAT THE ABOVE DESCRIBED FINE IS HEREBY IMPOSED AGAINST THE RESPONDENT(S) for each and every day the violation exists upon or adjacent to the following described property,situated in Indian River County,Florida,to wit: Location: 1776 CYPRESS LN VERO BEACH Tax Parcel ID No. 33-40-16-00009-0004-00004.0 Legal Description: LOT 4,BLOCK D,SEAGROVE SUBDIVISION UNIT FOUR,PBI 10-61 beginning May 21, 2011. A CERTIFIED COPY OF THIS ORDER SHALL BE RECORDED in the Official Record Books of Indian River County forthwith AND SHALL CONSTITUTE A LIEN AGAINST THE HEREIN DESCRIBED PROPERTY, AND UPON ANY OTHER REAL OR PERSONAL PROPERTY OWNED BY THE VIOLATOR, pursuant to Chapter 162 of the Florida Statutes and Indian River County Ordinance 90-20, as may be amended. Further information of this matter may be obtained by contacting the Code Enforcement Section of the Community Development Department of Indian River County, 1801 27th Street,Vero Beach, Florida 32960, (772)226-1249. cOUNTYATrORNErs OFFICE C r INDIAN RIVER COUNTY 1801 27th Street Vero Beach.Florida 32960 456 . a t� k `'y Z t� a �rwr�v��� �• fie$ w s a f .31 k� 6 I �< b�� A ''NS � � a ,A 458 r .. t- s^ ANN _ P } a. Y'h e att ro < ? a- ti e a owl, NI i a r. 3 k °k Alf� r 8ss PROCLAAL4 TION HONORING ALAN b WHEATLEY ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF UTMITYSERVICES/WASTEWATER COLLECTION WHEREAS, Alan IL Wheatley retired from Indian River County effective July 31, 2013; and I I WHEREAS, Alan E Wheatley began his career as a Utilities Service Worker with ' Indian River County on October 14, 1993. He was promoted to Li Station Mechanic j on March 1,2002, and he continued in that capacity until his retirement;and WHEREAS, Alan R: Wheatley brought his thirty plus years of experience in Water Distribution, Waste Water Collections, and Water/Wastewater Plant maintenance to various operational aspects of the Water/Wastewater production, and his experience greatly benefited the Water/Wastewater operations of the County;and WHEREAS,Alan g Wheatley served this County and the Public with distinction and selflessness. During his nineteen years of service, he was dedicated, and his work was greatly appreciated by the employer, citizens,and co-workers alike; and NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds Alan b Wheatley's efforts on behalf of the County, and the Board wishes to express their appreciation for the dedicated service he has given to Indian River County for the last nineteen years; and BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend Alan K Wheatley heartfelt wishes for success in his future endeavors. Adopted this 20 day of Augug 2013. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA ' J seph E Flescher, Chairman PROCLAMATION 1K HONORING GREG HALL ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF PUBLIC WORKS ROAD& BRIDGE DIVISION WHEREAS, Greg Hall retired from Indian River County Road & Bridge Division effective July 25, 2013; and WHEREAS, Greg Hall began his career with Indian River County Road & r $ridge on October 10, 1975 as a.Heavy Equipment Operator and on August 17 1990 - e was promote to oreman w x e c in aln-tit capacity-un�l i ith re'e-ny;— �- and Qyg mull k& sewed thb=Cqun-t,� w:rd t ie Pciblrc uitk distimc on and - - self lessness During his thirty-seven years of service, he was dedicated and his work was greatly appreciated by the employer and co-workers alike; and NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY 4 COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds Greg Hall's efforts on behalf of the County, and the Board wishes to express their appreciation for the dedicated service he has given to Indian River County for the last thirty-seven years, and BE IT FURTHER PROCLAIMED that the Board of County Commissioners and staff extend heartfelt wishes for success in his future endeavors. Adopted this 20th day of August 2013. 1 BOARD OF COUNTY COMMISSIONERS g�VER�,O INDIAN RIVER COUNTY, FLORIDA * * _ r l LQjZjO�� Joseph E. Flescher, Chairman I t � 1 q-his is to cert that Greg .lfall is hereby presented this RetirementAward - for outstanding performance and faithftfsem*e to Indian 44ver County (Board of County Commissioners For thirty-seven years of service t 4n this 25th day of July 2013 C ` i -:. .. Christopher R Won; SPE Joseph E. Tlescher Director ofTU6Crc Wbr6 Board of County Commissioner, Chairman • 9A Leslie R. Swan Supervisor of Elections Indian River County Your Vote Is Your Voice...Speak Up! July 30, 2013 The Honorable Joseph Flescher, Chairman Board of County Commissioners Indian River County 1800 27th Street Vero Beach, Fl 32960 Dear Chairman Flescher: The 2013 Legislature appropriated $2,000,000 from the Help America Vote Act(NAVA) funds to be distributed to Supervisors of Elections based on a formula using the number of active registered voters in each county as of the 2012 General Election's book closing. Enclosed please find a Certificate Regarding Matching Funds. This document certifies that the Indian River County Board of County Commissioners will provide matching funds for the Federal Election Activities Grant for FY 2013 —2014. The matching funds are 15% of the amount to be received from the state. For Indian River County, the matching fund amount is $2,352.07. In order to receive the Federal Election Activities Funds, the Legislature requires that the Chairman of the Board of County Commissioners certify that the county will match the state funds of$15,680.49 with the 15% county match or $ 2,352.07. I have enclosed the Certificate Regarding Matching Funds for your signature. The matching funds have already been budgeted in the Supervisor of Elections FY 2013 —2014 proposed budget. Also, starting fiscal year 2013 —2014 and going forward, if a county plans on using the above NAVA funds to buy non-essential software and hardware technology such as electronic poll books, post-election audit tools or other emerging or enhancing type of technology as referenced in Attachment A, the Chairman of the Board of County Commissioners will also have to first certify that the county has purchased and made available sufficient equipment for casting and counting ballots to meet the needs of (W Indian River County electors for the next regularly scheduled general election. Our 4375 43rd Avenue, Vero Beach, FL 32967 - (772) 226-3440 - FAX (772) 770-5367 461 www.vatein d i an river_cam Page Two (2) July 30, 2013 county has sufficient equipment for casting and counting ballots through the 2014 General Election. Please execute the certificates and return it to our office at your earliest convenience. Thank you for your attention to this matter. Most sincerely, Leslie Rossway 4an Supervisor of Elections (W 462 ATTACHMENT A-2 of MOA 2013-2014-0001 Certificate Regarding Matching Funds I, Chairman of the Board of County Commissioners of Indian River County, Florida, do hereby certify that the Board of County Commissioners will provide matching funds for the Federal Election Activities grant in county FY 2013-2014 to the Supervisor of Elections in an amount equal to at least 15% of the amount to be received from the state, which for Indian River County is $2,352.07. 1 understand that if the Board fails to appropriate the matching funds, all funds received from the state for this grant during the 2013-2014 state fiscal year will be required to be returned to the Department of State. (W Chairman, Board of County Commissioners Date DS-DE 127 Revised 6/4/13 463 4 � t Sheriff Deryl Loar Indian River County July 30,2013 The Honorable Joseph Flescher, Chairman Indian River Board of County Commissioners 1801 27th Street Vero Beach,FL 32960-3388 Dear Chairman Flescher: Please accept this letter as my request to be placed on the next Board of County Commissioner's agenda to discuss expenditure from the Criminal and Sex Offender Registrant Fee account. I am requesting $21,043 from the account to apply to the purchase of the following items: Camera system storage upgrade $ 2,700 Scanner for Inmate Records $ 1,540 Fax card for copier machine $ 630 Rapid ID Device $ 4,363 Fixed color day/night IP cameras (12) @ $860 each $10,320 Chairs for registrant processing area(10) @ $149 each $ 1,490 $21,043 Please place this item under Constitutional Officers for the August 20, 2013 board agenda. If you have any questions or need additional information, please let me know. Sincerely, V Deryl Loar, Sheriff DL:ltj Attachments cc: Harry E. Hall, Comptroller Jason Brown,Director Management&Budget (60, 4055 41St Avenue,Vero Beach, Florida 32960 www.iresheriff.org (772) 569-6700 35. 1ft Municode Page 1 of 2 (W Section 306.07. Registration fees for career offenders, convicted felons, sexual offenders and sexual predators. (1) Definitions. For the purposes of this section, a registrant shall be defined as follows: (a) Registered sexual offender or registered sexual predator means an individual who is required to register with the sheriff as a "sexual offender" or"sexual predator", as prescribed under F.S. §§ 775.21, 943.0435 and 944.607, (also known as the Florida Sexual Predator Act). (b) Convicted felon means an individual who is required to register with the sheriff as a convicted felon as prescribed under F.S. § 775.13. (c) Career offender means an individual who is required to register with the sheriff as a career offender as prescribed under F.S. § 775.261. (2) Initial registration. When a registrant is required to register with the Indian River County Sheriff upon release from incarceration or upon their arrival in Indian River County as a temporary or permanent resident pursuant to F.S. §§ 775.13, 775.261, 775.21, 943.0435 and 944.607, the registrant shall pay an initial registration fee that shall be set by resolution of the board. (3) Fee for current registrants. For each career offender, convicted felon, sexual offender and sexual predator, that is currently registered, the initial registration fee shall apply during their first initial registration or re-registration, following passage of this section. (4) Required updates. Any registrant that is required by state law to periodically update or (W otherwise validate a registrant's information based on the requirements of F.S. §§ 775.21, 943.0435 and 944.607, shall pay a re-registration fee to be set by resolution of the board. (5) Change of address. A registrant that reports to the sheriff a change, modification or addition in either a temporary or permanent address (excluding changes made during required quarterly/biannual re-registrations)whereby theindividual's change of address requires personal verification shall pay a fee to be set by resolution of the board. (6) Exemptions and failure to pay registration fees. The sheriff shall not refuse to register, re- register or modify an address, or required information of a registrant who does not pay the fee, at the time of registering, as required by this section. (a) The sheriff shall immediately invoice all unpaid fees, and provide a copy to the convicted felon, career offender, sexual offender or sexual predator; for payment. All invoiced fees shall be paid within thirty (30) days of invoicing. (b) Any portion of invoiced fees which remain unpaid after thirty (30) days may result in civil enforcement in accordance with F.S. Ch. 125.01(1)(t) and Ch. 125.69(1). (c) The sheriff shall report unpaid fees in accordance with standard accounting practices and the county may seek to recover said fees in a civil action in the same manner as other money due the county. (d) The sheriff shall not require the payment of any fee from an unemancipated minor, juvenile sexual offender or juvenile sexual predator who is less than eighteen (18) years of age; until said individual reaches eighteen (18)years of age; at which time the applicable fees shall apply. Registrations with the sheriff, upon reaching age of majority or emancipation, shall constitute an initial registration. (e) The sheriff shall not require the payment of any fee from an individual whose change of address is the result of their incarceration. An incarcerated individual's initial httn•/Aihrary m»nir.nrlP rnm/print 7,n,A,466 Municode Page 2 of 2 registration and re-registration fees (quarterly or biannual) still apply, and shall be collected. (7) yes Fees�cal� t p �r =��n toy NOW- owre tted£tat#e�c4l�nf�c �'Iedo_r,{-e � eto#expensen � d`1�ge IpnGi�creoienffmQfFaiheadt�ir���tr� Qt�ofith'is section ofot-� tme r e t on, school re ouree officer"Mgramsi safe neighborhood p-ogt-atns-Fp�ograrrrs- rrc tr� r�protecting ct'dre _rf orxiFGm: kseu`alffedexsancsezrual prectaors, dG ase_and_pre, r-JA -enforceine�itpurposesAny,su.p.Iwf yds &n;ng in the recnue account establifor this program at the end of each fscalyea% Wa.be_transferred to thecounty's general fund (8) Penalties. A person who fails to pay all applicable registration fees in accordance with this section, or who violates any part of this section shall be subject to a fine not exceeding five hundred dollars ($500.00) in accordance with F.S. §§ 125.01(1)(t) and 125.69(1). (9) Applicability. This section shall apply to incorporated as well as unincorporated areas of Indian River County. (Ord. No. 2009-006, § 1, 6-9-09) (W (W A.L.«.,..,.,.,-,,,, av 1/1n/,1 467 Proposed Purchases—Registrant Fee Fund July 25,2013 Fund balance is$21,367.50(as of July 22,2013) 1. Camera system storage upgrade:Total$2,700 2. Scanner for Inmate Records(1):Total$1,540 3. Fax card for copier machine (1):Total $630 4. Rapid ID Device(1):Total$4,363 5. Fixed color day/night IP Cameras(12)860 each:Total$ 10,320 6. Chairs(registrant processing area) (10) 149 each:Total $ ;495 Total =$SSL #2I,643 468 "wWyfr Indian River County Sheriff's Office Correction Division Criminal Registrant Fees Collected Since 2009 100000 80000 60000 40000 �h AM -80000 Q1 O H N M N N4 IS-4 N N N m m m L L W cu u u w V r r m Ile .;Q Funds Collected from July 16-22, 2013 - $445.00 B.C.C. approval for Registrants Tracking Software on March 14, 2011 Withdrawal for Body Scanner in Intake on August 21, 2012 469 t^a v 00ta Works Ra (W Table of Contents 1.0 Cover Letter 1 Table of Contents 2 2.0 Executive Summary 3 2.1 DataWorks Plus Company Background 3 2.2 The DataWorks Plus Difference 5 2.2.1 Support of Multiple Vendor's Hardware 5 2.2.2 EXCEPTIONAL CUSTOMER SUPPORT 5 2.2.3 Right Size Company with the Right Corporate Philosophy 6 2.2.4 Why DataWorks Plus 6 3.0 Configuration and Price Schedule Error! Bookmark not defined. (W (r 2 471 DstaWtrks ' 2.0 Executive Summary 2.1 DataWorks Plus Company Background DataWorks Plus is a privately held company headquartered in Greenville, SC. Our customer base includes over 600 state and local agencies, both large and small, in approximately 47 states. In addition to our headquarters located in Greenville, SC, DataWorks Plus has sales and support offices located in Northern California, Buffalo NY, Fairfax VA, Philadelphia, PA and Houston, TX and service offices in Philadelphia PA, Harrisburg PA, New York City NY, Northern CA, Southern CA, and Tampa, FL. The DataWorks Plus 24 hour customer support center is located in Greenville, South Carolina. DataWorks Plus has a very large customer base, ranging from small agencies to state wide systems. A few of our large DataWorks Plus customers include: • State of Alabama • State of Georgia • State of New York • State of Michigan • State of Pennsylvania • State of South Carolina • State of Maryland • State of Nevada • State of Virginia • Country of New Zealand • Los Angeles County Sheriffs Office • San Diego County SO(CA) • New York City PD(NY, NY) • Philadelphia Police Department(PA) • Sacramento County SO(CA) • Wayne County SO(Detroit MI) • San Francisco County SO (CA) • Denver Police Department(CO) Our Florida customers include: NOTE: CUSTOMERS IN BOLD HAVE PURCHASED RAPID ID DEVICES Over 3,600 Dataworks Rapid ID devices have been sold in Florida) • Florida Department of Law Enforcement(FDLE) • Bay County Sheriff's Office • Florida Highway Patrol(FHP) • Belleview Police Department • Florida Department of Transportation • Boca Raton Police Department • Florida Department of Agriculture • Bradford County Sheriffs Office • Florida Department of Environmental Protection . Brevard County Sheriff's Office • Florida Fish and Wildlife Commission . Broward County Sheriff's Office • Florida Department of Corrections • Calhoun County Sheriffs Office • Florida State Attomey's Office . Casselberry Police Department • Florida Virtual School • Charlotte County Sheriff's Office • Alachua County Sheriff's Office • Citrus County Sheriff's Office • Altamonte Police Department • Clay County Sheriffs Office • Apopka Police Department • Collier County Sheriff's Office • Baker County Sheriff's Office • Columbia County Sheriffs Office 4W 3 472 4 _ Detaftift • Daytona Beach Police Department • Naples Police Department • Deland Police Department . Nassau County Sheriff's Office • Desoto County Sheriff's Office . New Port Richie Police Department • Dixie County Sheriff's Office . North Miami Beach Police Department • Eatonville Police Department . Oakland Police Department • Edgewood Police Department • Ocoee Police Department • Escambia County Sheriff's Office . Okaloosa County Sheriff's Office • Flagler County Sheriff's Office • Okeechobee County Sheriff's Office • Florida State University . Orange County Sheriff's Office • Franklin County Sheriff's Office • Orange County Corrections Department • Ft.Myers Police Department . Orange County Medical Examiner's Office • Gadsden County Sheriff's Office . Orlando Police Department • Gilchrist County Sheriff's Office . Orlando International Airport • Glades County Sheriff's Office . Osceola County Sheriffs Office • Guff County Sheriffs Office • Oviedo Police Department • Hamilton County Sheriff's Office . Palm Beach County Sheriffs Office • Hardee County Sheriff's Office . Palmetto Police Department • Hendry County Sheriff's Office • Pasco County Sheriff's Office • Hernando County Sheriff's Office . Pensacola Police Department • Highlands County SherUs Office • Pineflas County ShWWs Office • Hillsborough County Sheriff's Office . Polk County Sheriff's Office • Hollywood Police Department • Port Orange Police Department • Holmes County Sheriffs Office • Port St.Lucie Police Department • Indian River County Sheriff's Office . Putnam County Sheriff's Office • Jackson County Sheriffs Office • Sanford Police Department • Jacksonville County Medical Examiner's Office . Sanford Airport • Jacksonville Sheriff's Office . Santa Rosa County Sheriff's Office • Jefferson County Sheriff's Office • Sarasota County Sheriff's Office • Lafayette County Sheriff's Office . Seminole County Sheriffs Office • Lake County Sheriff's Office . South Daytona Police Department • Lake Mary Police Department • Sumter County Sheriff's Office • Lee County Sheriff's Office • Sunrise Police Department • Leesburg Police Department . Surfside Police Department • Leon County Sheriff's Office . Suwannee County Sheriffs Office • Levy County Sheriff's Office • St.Johns County Sheriff's Office • Liberty County Sheriff's Office • St.Lucie County Sheriffs Office • Longwood Police Department • St.Petersburg Police Department • Madison County Sheriffs Office . Taylor County Sheriff's Office • Maitland Police Department • Tallahassee Police Department • Manatee County Sheriff's Office . Tampa Police Department • Marion County Sheriffs Office • Union County Sheriffs Office • Martin County Sheriffs Office • University of Central Florida • Miami-Dade Police Department . Volusla County Sheriff's Office • Miami-Date Department of Corrections • Wakulla County Sheriffs Office • Miami Police Department . Watton County Sheriff's Office • Miami Shores Police Department . Washington County Sheriffs Office • Miami Springs Police Department . Winter Garden Police Department • Miami Beach Police Department . Winter Springs Police Department • Monroe County Sheriff's Office . Windermere Police Department • Winter Park Police Department 4 473 LRat&iE s yi DataWorks Plus is dedicated to providing and supporting products designed specifically for the Law Enforcement and Criminal Justice markets. Please visit our web site for a complete list of products and services(www.dataworksplus.com). 2.2 The DataWorks Plus Difference 2.2.1 Support of Multiple Vendor's Hardware DataWorks Plus has taken a different approach from other RapidlD vendors. Our RapidlD software was designed to support fingerprint scanner hardware from various hardware manufacturers. This allows DataWorks Plus to take an independent, open, and objective. approach when recommending the fingerprint scanners to meet the specific needs of each customer. This approach provides your agency with total flexibility to select the best fingerprint scanner for a wide variety of applications. RapidlD systems often requires different fingerprint scanners for different applications (i.e. one size does not fit all). This multi-vendor approach provides your agency with the opportunity to select the best hardware that is available today, and in the future without being tied to a specific hardware vendor. "g, x Y. u 2.2.2 EXCEPTIONAL CUSTOMER SUPPORT DataWorks Plus highly encourages you to call as many DataWorks Plus customers as possible to validate that our customers are extremely pleased with our people,our products, and our support. You will hear over and over again that our driving force is centered on total customer satisfaction. The DataWorks Plus Support Center is located at our company's headquarters in Greenville, South Carolina. DataWorks Plus trains every in-house and regional support engineer providing these individuals with the tools and information needed to ensure superior system operation. The Support Center can be contacted via email, DataWorks Plus' Support Website, and a toll-free phone number. A two year standard warranty (Monday through Friday, 8:00am to 5:00pm excluding holidays) is included in the proposed price. DataWorks Plus'Customer Support Center is available to receive calls for assistance via our toll free line. If a technician is not available to answer the call, the call will normally be returned with within twenty minutes, and guaranteed to be returned within one hour. 5 474 Dataftift R" Support Center technicians log each call and assist in the resolution of problems such as (W verification, diagnosis, correction of material errors, and defects in the hardware, software, and network connections. If the technical support engineer is unable to solve the problem remotely, then an engineer will be sent to your agency to resolve the issue. Additionally, DataWorks Plus has local support engineers located in Florida to provide on-site visits, repairs, and maintenance. Local support will further ensure that any issues that arise are quickly and efficiently resolved. The Support Center assures constant availability of a highly skilled core team of engineers, maximizing the effectiveness and timeliness of service when a support call is placed. DataWorks Plus' goal is to ensure the fastest response possible and to provide effective solutions to any issues that may arise. 2.2.3 Right Size Company with the Right Corporate Philosophy DataWorks Plus is a United States based company that is privately owned. DataWorks Plus is a nimble company that reacts very quickly to customer needs. From quick implementation, to support issues, to changing our products to meet specific customer needs, to custom designed applications, DataWorks Plus will do what it takes to make our customers happy. And, as a privately held company, DataWorks Plus makes day to day decisions based on what is right for the customer. 2.2A Why DataWorks Plus We believe DataWorks Plus provides more options and more flexibility than any other vendor. In addition, our products and services provide the following: • Financially sound company. • Experience implementing large regional and statewide systems • Extensive customer base, including Florida agencies,with proven products • FDLE Falcon RapidlD Compatibility • Exclusive Dealer in Florida for Cogent Blue Check wireless fingerprint scanner • Proven and low risk implementation • Ability to easily customize software to meet the needs of the agency • Company that is easy to work with and has a proven track record of excellent customer service In closing, DataWorks Plus is confident that we have the experience, commitment, knowledge, resources,and products that are needed to be selected as a vendor for the Rapid-ID system. 6 475 Data}�� Pew. �y'•' t� a Iy`Q�.�.I Coca. • Desktop computer or laptop for RapidlD Fingerprint Device. Hardware/Software (W minimum specifications: 2GHz or better processor, 1 GB RAM (2 GB RAM recommended if workstation is not dedicated to RapidlD application), 2 available USB 2.0 ports (1 for fingerprint scanner and one for 2D bar code printer), 2 GB free disk space,and Microsoft Windows XP or Windows 7 operating system. • Printer to print the DNA Form that is submitted with DNA packet. • 2D Bar Code Labels • Installation and end user training for the RapidlD Single Fingerprint Scanners. Dataworks will provide remote telephone support for installation of the RapidlD devices. • Data Encryption Certificates to meet FBI CJIS Requirements Warranty and Maintenance The RapidlD devices come with a two year standard warranty(Monday through Friday, 8:00am to 5:00pm Eastern time zone). Following the warranty period, a maintenance contract can be purchased. A standard maintenance contract can be purchased for 12%of the sales price detailed in this proposal. A twenty-four by seven(2417)maintenance contract can be purchased for 14%of the sales price detailed in this proposal. If an agency wants to upgrade the two year standard warranty to 24/7 coverage, the price is 4% (2%for first year and 2%for the second year)of the sales price detailed in this proposal. 8 477 Page 1 of 1 Selby Strickland - Re: Copier Machine Fax Capabilities (W From: Debbie Adamson To: Emilie Enzmann Date: 6/25/2013 3:45 PM Subject: Re:Copier Machine Fax Capabilities CC: Selby Strickland Emilie, The cost for the fax card for the TA-3500i is $630.00. Let me know if you need a formal quote from EGP. Thanks, Debbie. >>> Emilie Enzmann 6/19/2013 10:48 AM >>> That would be great! Thank you. >>> Debbie Adamson 6/19/2013 10:46 AM >>> (W Emilie, That copier does not currently have the fax capability. It would need a fax card installed. If you would like,I can contact EGP and find out what the cost would be add one. Let me know if you would like me to get pricing. Thanks, Debbie. >>> Emilie Enzmann 6/19/2013 10:14 AM >>> Debbie, I am exploring alternative options to handle the faxing needs of the Medical Unit at the Jail. I understand some of the copier machines also have fax capabilities and I wonder if the copier currently in Medical has that capability. It is a Kyocera TA3500i. Please advise at your earliest convenience if using this copier machine could be used as a fax machine for Medical. Thank you for your prompt attention to this matter, Emilie (W file:///C:/Users/sstrickland/AppData/Local/Temp/XPgrpwise/51C9BB2AIRCSOPO110013... 7/18/201478 STAR �oM��-... aweroS s 2032 OLD DIXIE HWY. Sl VERO BEACH,FL ' ( 7 0 o W 772 569-0800 Star.Com@a I .R. C . SHERIFF ' S OFFICE 4055 41ST AVE. VERO BEACH, FL 32960 JAIL NVR CAMERA SYSTEM SOFTW------- THIS PROPOSAL SHALL SERVE TO PROVIDE THE NECESSARY ADDITIONAL COMPUTER HARD DRIVE STORAGE UNITS TO PREVENT LOSS OF RECORDED VIDEO DATA DURING THE TRANSITION FROM THE OLD NVR SOFTWARE TO THE NEW VERSION 3.0 NVR SOFTWARE. QTY. MODEL # ITEM/DESCRIPTION 10 SEAGATE 3TBX 3 TERABYTE USB 3.0 HARD DRIVE UNITS TO REPLACE THE EXISTING HARD DRIVES. @ $130.00ea. . . . . . . .$1, 300 . 00 Af .1 kb�0 USB 3.0 INTERFACE CABLES FOR THE ABOVE HARD DRIVES.. @ $4 .00ea. . . . . . . .$40 . 00 INCLUDES TRADE-IN OF OLD HARD DRIVE UNITS WHEN RETIRED cAticnl-aef . . . . . . . . . . . . . . . . . . . . . . . . . . PRESENTED BY: MICHAEL J GER.BHARDT. TOTAL PRICE 1, 340 . 00 SALES TAX EXEMPT PURCHASE ORDER REQUIRED BALANCE DUE 1, 340 . 00 ACCEPTEDBY: . . . . . . . . . . . . . . . . . . . . . . . . TERMS.: PURCHASE ORDER DUE UPON ACCEPTANCE, DATE: BALANCE DUE 30 DAYS AFTER COMPLETION. ONE YEAR LIMITED PARTS & LABOR WARRANTY. THIS QUOTE IS VALID FOR THIRTY (30) DAYS. (W IF ACCEPTABLE, PLEASE SIGN, DATE & RETURN ONE COPY WITH A PO# TO ENACT A CONTRACT. 479 STAR COMMUNICATIONS 2032 OLD DIXIE HWY. SE, UNIT#3 VERO BEACH,FL 32962 (W 772 569-0800 Star.Com@comcast.net I .R.C . SHERIFF ' S OFFICE ATTN: CAPT . STRICKLAND 4055 41ST AVE. DATE: JULY 11, 2013 VERO BEACH, FL 32960 PHONE: 978-6305 JAIL NVR CAMERA SYSTEM SOFTWARE UPGRADE LABOR PROPOSAL/CONTRACT QTY. MODEL # ITEM/DESCRIPTION AS PROGRAMMING LABOR TO PERFORM ALL NVR AND CMS COMPUTER UPGRADES TO NEW VERSION 3.0 SOFTWARE REQUIRED LABOR @ $85 . 00 per Hour DURING REGULAR BUSINESS HOURS OR (w @ $130 . 00 per Hour AFTER HOURS BEST ESTIMATE 6 TO 8 HOURS FOR 2 MEN INCLUDING HELP FROM RICARDO ORTIZ AND FREE FACTORY SUPPORT FROM ACTi CORPORATION Michicel EerF"rdt PRESENTED BY: MICHAEL J GERBHARDT. .... ACCEPTED BY: __.. TERMS: PU DATE: BA ONE YEAR LIMITED PARTS & LABOR WARRANTY. THI ._..,._.. _.. ...._..'S. IF ACCEPTABLE, PLEASE SIGN, DATE & RETURN ONru wrs ni.ln Ai rvtt .-v a.Lcm—L ra %.vLYlzw%%:T. 480 Page 1 of 1 Selby Strickland-NVR Software Upgrade Proposals: (W From: "Mike (a), Starcom" <Star.Corn(,Comcast.net> Tip: "Selby Strickland" <sstrickland@iresherifforg> Date: 7/11/2013 11:15 AM Subject: NVR Software Upgrade Proposals: Attachments: 7-11-2013-A.pdf; 7-11-2013-B.pdf Captain, Please find attached two proposals that Cmd. Porter asked me to send. A: is the proposed cost for the required additional hard drive storage purchase. I am selling you these units at my cost but will require trade-in of the existing units which these will be displaced after the 30 day data retention period expires. B: is the proposed "per hour" cost for the software programming labor. I can only estimate how long this operation will require, so 1 could not give you an exact number for that expense. Please be assured that I will try to be as fair as possible. (W Any and all help that R. Ortiz and other staff can offer will contribute to keep the labor expense lower. Ortiz is scheduled for vacation the week of July 29. Cmd. Porter and I were going to try and squeeze it in mid next week. With the impending Tropical Wave expected to hit here this weekend which may incur increased service work for me next week, we may have to postpone until his return. Please let me know if you have any further questions. Thanks, Mike Gerbhardt STAR COMMUNICATIONS Starcom Associates, Inc. 2032 Old Dixie Hwy., SE Unit#3 Vero Beach, FL 32962 772 669-0800 Star.Com@comcast.net (W file:///C:/Users/sstrickland/AtinData/Local/Temn/XPemwise/51 DE93136IRCSOPO 110013... 7/16/2014 01 Office IDIEPOT This item is in your cart i Fujitsu fi-6140Z Sheetfed s Scanner Item#213430 Your Price n. $1,540.95$1,540.95 each u , 3 hs ONLINE In Stock V Estimated delivery 3-5 business days(W */ FREE DELIVERY Not Yet Rated Write the first review About This Product DESCRIPTION With duplex scanning speeds of up to 120 images per minute in Color,Grayscale,and Monochrome,the fi-6140Z balances high performance with one of the most advanced paper separation technologies in its Gass.Combining reverse roller technology with a host of Intelligent features,the fi-6140Z delivers exceptional feeding reliability and operating productivity across a wide variety of scanning situations. PRODUCT DETAILS Item# 213430 Manufacturer# S8274144 automatic document 50 sheets feeder capacity sensor type CCD model name "140Z weight 9.24 Ib warranty length 1-year limited Certifications& ;TWAIN;ISIS Standards Hardware Resolution 600 x 600 dpi Media Size A4 8.27'x 11.69" Product Name fi-6140Z Sheeted Scanner Product Series fi Scan Color Color Scanning Modes Duplex USB Yes Maximum Scan Size 8.27'x 10 ft Maximum Color Scan 120 Speed(ipm) 483 Maximum Color Scan 60 Speed(ppm) Maximum Mono Scan 120 Speed(ipm) Maximum Mono Scan 60 Speed(ppm) SCSI Yes Ecolabel Energy Star Large Format No Platform Supported PC Sleep-Mode Power 5.70 W Consumption Manufacturer Part PA03630-8005 Number brand name Fujitsu color depth 24-bit depth 6.3" form factor desktop grayscale depth 8-bit height 6.2" Input voltage 110 V AC Interpolated resolution 1200 dpi manufacturer Fujitsu media type plain paper aptical resolution 600 dpi power source AC Supply product type Sheetfed Scanner ;TWAIN Driver;ISIS Driver,Kofax VRS Professional;ScandAll PRO 2.0 Premium with PDF edit;Error software Included Recovery Guide;ScanSnap mode add-in;Scan to Microsoft Share Point;ABBYY FineReader for ScanSnap; Scanner Central Admin width 11.9" Back To Top 484 From the Manufacturer Is the information in this section helpful? Yes No fi-6140Z Overview Fujitsu fi-6140Z Sheet-Fed Scanner Fast and advanced scanners with enhanced management and imaging software tools • Blazing 60ppm/120ipm scanning in color,grayscale,and monochrome • Full color 300 dpi scanning at 40ppm/80ipm • Ultrasonic driven Intelligent MultiFeed Function(iMFF) • Advanced Paper Protection Technology • Robust 50-page Automatic Document Feeder(ADF) • Plastic and embossed card scanning Lie • Scanner Central Admin Suite • Comes with Kofax®VRSO Professional and ScandAll PRO 2.0 Premium • One-year Limited Warranty with available Advance Exchange program Features Scanning Performance With duplex scanning speeds of up to 120 images per minute in Color, Grayscale,and Monochrome,the"140Z balances high performance with one of the most advanced paper separation technologies in its class. ' Combining reverse roller technology with a host of intelligent features,the fi -614OZ delivers exceptional feeding reliability and operating productivity across a wide variety of scanning situations. • Paper Protection technology:Protects valuable documents by halting the scanning process when the scanner recognizes that a jam is about to occur. • Intelligent Multi-Feed Function(iMFF):Simplifies pre-scanning preparation and improves efficiency by ignoring documents that trigger false multi-feed alerts such as an attached receipt or sticky note. • Intelligent Capture Correction Function(iCCF): Internal hardware-based Auto-color recognition,auto-size detection,and auto de-skew correction provides dramatic efficiency by combining fast scanning with simultaneous high speed image processing. • Robust ADF: Plastic and embossed card support,long document scanning, and acceptance of a broad range of paperweights keeps `document exceptions'low and operator efficiency high. 485 (AW Centralized Efficiency + —•' —• Whether the infrastructure is fixed or expanding,managing technology .� efficiently inside the organization is key to reducing total cost of ownership and the Fujitsu fi-6130Z provides system administrators with advanced software tools to centrally manage the scanner more productively and cost effectively. Agent,console and server remote scanner management • Real-time Fujitsu scanner inventory • Status and alert monitoring • Centralized driver update deployment • Consumable management Fully Loaded One Box Solution The Fujitsu fi-6140Z workgroup scanner conveniently includes everything in the box to get organizations up and scanning.With Kofax VRS®5.0 Professional and ScandAll PRO 2.0 Premium software users get image enhancement and advanced features for scanning to PDF,file, print or batch. And the one-year Limited Warranty,along with eligibility for our Advance Exchange Program, provides peace-of- mind. Documents View I Download s. PDF,355K,2 pages Back To Top Popular products in Printers, Scanners, Copiers, Faxes s9/Each $1,599.991 Each $15,071.951 Each $1,199.991 Each Copyright©2013 by Office Depot,Inc.All rights reserved. Prices shown are in U.S.Dollars.Please login for your pricing. Prices are subject to change.All use of the site is subject to the Terms of Use.Prices and offers on www.officedepot.com may not apply to purchases 486 made on business.ofricedepot.com.See Terms of Use details. The Tony Stewart®,Stewart-Haas Racing TM and 914Tm are trademarks of Stewart-Haas Racing and are used under license. 487 (W Comment Good Quality Dependability May 14,2013 By Lynne We purchased this model to replace an older Fujitsu.This unit was easy to set up.Even though we had to work the settings to get the final product the way we needed it,it has been such a great buy.No hang ups when scanning multiple pages and its so quick!Batches that used to take all day with the old one now take just minutes.This has been a large boost in productivity for our company. I would recommend this product. Comment I Was this review helpful to you? Yes No See all 6 customer reviews(newest first) Write a customer review^: Feedback ►If you need help or have a question for Customer Service,contact us. ►Would you like to update Product info,give feedback on images,or tell us about a lower Price? ►If you are a seller for this product and want to change product data,click here(you may have to sign in with your seller Id). Your Recently Viewed Items and Featured Recommendations Loaa,nq Get to Know Us Make Money with Us Let Us Help You Careers Sell on Amazon Your Account Investor Relations Become an Affiliate Shipping Rates&Policies Press Releases Advertise Your Products Amazon Prime Amazon and Our Planet Independently Publish with Us Returns Are Easy Amazon in the Community >See all Manage Your Kindle Help amazon.com (W Brazil Canada China France Germany India Italy Japan Spain United Kingdom 6pm AbeSooks AfterSchool.com AmazonFresh Amazont-ocal AmazonSupply AmazonWebServices Askville Score deals Raie Books KidsSports Outdoor Gioceries&More Gieat Local Deals Business,Industrial Scalable Commnit uy on fashion brands &Tea:books ;i Oancs year Right To Yom Door in Your City b Scientific Supplies Cioud Services Ansveis 492 Audible BeautyBar.com Book Depository Bookwonn.com Casa.com CreateSpace Diapers.com DPReview Download Prestige Beauty Books Nth Free Books For Children Kitchen,Storage India Print Publishing Everything Digital Audio Books Delivered Delivery Worldwide Of All Ages &Everything Home Made Easy But The Baby Photography Fabric IMDb Junglee.com Kindle Direct Publishing Look.com MYHABIT Shopbop Soap.com Sewing,Quilling Movies.TV Shop Online India Digital Publishing Kids'Clothing Private Fashion Designer Heahh,Beauty& &Knitting &Celebrities in India Made Easy &Shoes Designer Sales Fashion Brands Home Essentials Vine.com Wag.com Warehouse Deals Wool Yoyo.com Zappos Everything Everything Open-Box Never Gonna A Happy Place Shoes& to Live Life Green For You(Pet Discounts Give You Up To Shop For Toys Clothing Conditions of Use Privacy Notice Interest-Based Ads 01996-2013,Amazon.com,Inc.or its affiliates 493 Southern Computer Warehouse i 1 1395 S Marietta Parkway Bldg 300 Suite 106 Date Marietta, Georgia 30067 Jul 16, 2013 7:22 PM EDT United States Doc# http: www.scw.com 801123-rev 1 of 1 W SCW Description Fujitsu fi-6140Z SalesRep Stuk, Elizabeth (P) 770-579-8927 (F) 770-579-8937 Customer Contact Grier,Amber (P) 772-978-6171 agrier@iresheriff.org Customer Bill To Ship To Indian River County FL Sheriffs Dept(IR5023) Indian River County FL Sheriffs Dept Indian River County FL Sheriffs Dept 4055 41st Ave. Gonzale, Manace Gonzale, Manace Vero Beach, Florida 32960 4055 41st Avenue 4055 41st Avenue (P)000-000-0000 Vero Beach,, Florida 32960 Vero Beach, Florida 32960 (P)000-000-0000 (P) 000-000-0000 Customer PO: Terms: � Ship Via: None __ !Undefined _ '�GROUND —ROUN—D L E Special Instructions: Ca' rrier Account#: None None DescriptionUnit Item Price Fujitsu fi-6140Z 1 Document scanner- Duplex- Legal -600 dpi x 600 dpi-up to 60 ppm (mono) PA03630-BOO5 1 No $1,430.53$1,430.53 (W /up to 40 ppm(color) -ADF( 50 sheets) -USB 2.0, SCSI Fujitsu Basic Post-Warranty 2 Extended service agreement-parts and labor- 1 year-on-site-8x5-NBD - S6140Z-BAPWNBD-1 1 No $381.63 $381.63 for fi-6140Z Fujitsu Basic 3 Extended service agreement- parts and labor- 2 years-on-site-8x5- NBD- 56140Z-BAMYNBD-2 1 No $546.51 $546.51 for fi-6140Z Subtotal: $2,358.67 Tax(0.000%): $0.00 Shipping: $0.00 Total:$2,358.67 Quote valid for 30 days unless formal bid provides different term. Promotional pricing is valid only during term of promotion and while supplies last. All returns must be authorized and clearly marked with a valid RMA number. These prices may not include applicable taxes, insurance,shipping,delivery,setup fees,or any cables or cabling services or material unless specifically listed above. Please note that expedited shipping charges are estimated,and could decrease or increase when invoiced. All prices are subject to change without notice. Supply subject to availability. 494 r L_P). t C.. INDRIVER COUNTY SHERIFF 772/569-6 206 Fax 772/299-0657 NEW ORDER PURCHASE ORDER: 52562 Page: 1 of 1 EN ::....<.:..::..::.:..:::.::.::t:•: .. ............. .... .:.: . ::.:�:. T �(ryi ::::at��•�;�Y!�:tl/J 6-iii:��:' :.• .:.'.•.,.ti:. ;.;,/�:•..:+.:r;;...;,}:.;:•:;'i•}:::ii•::;•:•:'•?•... �+ �.{. �+.. r.......�.y.:...y.v�.::�:.+.{.;..:::..{.};t{.�tiy,::.:::,'•;•{?. i::::•:. :,;' 'E © A-p . EL 3 &2 SFO ST��fE1�C 1 t t :•?i:•:;::: ii{ii:ii :i:i�iS-ti:: •>••4 S+ri::i:itii'i$:•:::j::+:ii::S . .:.}$:•. :�Ati}>'itti.:{:.:: :7::$i`:'J o:fL:rC T::[:S`::>i�'',;•.;:'.:i:'R. :;:.:::.: .. .....::....;. ktit;;....::r.t.;;{:.}iih;i:CviiiY:;>k'..:....:•t•:{:...p ' :::�Y\....:..•...... v,'•::x�':i:,•::•i•• � :;t•::;•:;•:�:.:•i'•iii'i:;;ti4;:::..}.t Wµ.it+Gitih'r::;.::::v:,:is}:;•ii'•:ti:;;:t}i:;.v.�'v:'t;..:......::.:. w.....,,,....:::;{::::::: :::::::. :............:...........:.v:..7.�tNSiW:;•:.,:.:::::::::^i':•i:?8:t•:t;•tii•}::•:;'ii3,:•:i i:.:`.:4:;': 09/06/12 10/06/12 BEST ►� ::: ::<:::>: :<:::><:::>:;; >:;; DEST Due Net 30 77 C0007790 190257-1 772/569-0800 1 2 . 00 EA "FISH EYE" CAMERA 830 . 0000 1, 660 . 00 G/L## 0166015239015246 Our Stock#900-350-000-0000 INDOOR VERSION 4MP MEGAPIXE 360/180 DEGREE CEILING/WALL MOUNT. IP IMAGE CORRECTED "FISH EYE" CAMERA. DAY/NIGHT RATED. MODEL ##ACTi KCM-3911 8 6 . 00 EA DAY/NIGHT CAMERA 860 . 0000 5, 160 . 00 G/L# 0166015239015246 Our Stock#900-350-000-0000 FIXED COLOR DAY/NIGHT 4MP IP CAMERA IN A WEATHER/VAND L PROOF DOME. MODEL #KCM-7111 PER STAR COMMUNICATIONS PROPOSAL FOR JAIL CCTV CAME EQUIPMENT DATED AUG. 30, 2012 *************************** ** TOTAL ** 6 8 2 0 0 0 83 9_L•1 lam VENDOR INSTRUCTIONS: _. ...., :.. x•::;•:y;:•>:•:>:•:;•:::.;•::;>:•::•:::;•:::;::;•;::::.::::::..:.::::::•:::•:::::............... :•:::; ;:;SPE, IP7i>INSRJC1I• ;.:;;: : ::::%<:';<:::::•::;<:;; :;s;;:>:::<:;;:>:•;:::::::..; 1. Mail Invoices to India f)NR..::•..:..::•:.::•;:;.;•.;•;;.:.:.,;::::::•.::t•::.::;'. n River Count Sheriff <.::.:.s:r:.:•.:>:;�:;:;::::.;..�::.::�:.;:,•.•:.;�::;:::.:.;•.;::�::•:::...:.:.::::•. Y A ttn• . Accounts un is Pa Y ab1 e 4055 41s tv A en ue Vero Beach,h , FL 32960 CiInvoices and Packages must bear the P.O. No. above. rchases may not exceed the total amount of this der without prior approval by the Purchasing Dept. 4. Acceptance of this order includes acceptance of all terms, prices, delivery instructions, specifications and conditions. 5. State Tax Exempt #: State # 85-801262203SC-0 EIN: 59-6000677 Buyer 6. For order questions, please call Sophie Kniffen at (772) 978-6203 or e-mail skniffenoiresheriff.org 495 Vendor OFF S op. eat CPN P�FID� efiff COONS, DERYL LOAR • INDIAN RIVER COUNTY MEMBER FLORIDA SHERIFFS'ASSOCIATION MEMBER OF NATIONAL SHERIFFS'ASSOCIATION 4055 41st AVENUE VERO BEACH, FLORIDA 32960-1802 PHONE (772) 569-6700 August 12, 2013 The Honorable Joseph E. Flescher, Chairman Indian River Board of County Commissioners 1801 27th Street Vero Beach, FL 32960-3388 Re: Budget Amendment Dear Chairman Flescher: On June 27, 2013, my office participated in a public auction of surplus property and vehicles. We netted$32,998.00 from this function. In keeping with past practice, I am requesting the proceeds be used to acquire new like-kind property within the current fiscal year pursuant to Chapter 274, Florida Statutes. Please place this item under Constitutional Officers for the August 20th board agenda. If you have any questions or need additional information, please let me know. Sincerely, Deryl Loar, Sheriff DL:heh cc: Joseph A. Baird, County Administrator Jason E. Brown, OMB Director Harry E. Hall, Comptroller OL The 173rd Internationally Accredited Law Enforcement Agency W . 496